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1 | | (5 ILCS 100/5-45.57 new) |
2 | | Sec. 5-45.57. Emergency rulemaking; rate increase for |
3 | | direct support personnel and all frontline personnel. To |
4 | | provide for the expeditious and timely implementation of the |
5 | | changes made to Section 74 of the Mental Health and |
6 | | Developmental Disabilities Administrative Act by this |
7 | | amendatory Act of the 103rd General Assembly, emergency rules |
8 | | implementing the changes made to Section 74 of the Mental |
9 | | Health and Developmental Disabilities Administrative Act by |
10 | | this amendatory Act of the 103rd General Assembly may be |
11 | | adopted in accordance with Section 5-45 by the Department of |
12 | | Human Services. The adoption of emergency rules authorized by |
13 | | Section 5-45 and this Section is deemed to be necessary for the |
14 | | public interest, safety, and welfare. |
15 | | This Section is repealed one year after the effective date |
16 | | of this Section.
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17 | | Section 3-3. The State Employees Group Insurance Act of |
18 | | 1971 is amended by changing Section 6.5 as follows:
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19 | | (5 ILCS 375/6.5) |
20 | | Sec. 6.5. Health benefits for TRS benefit recipients and |
21 | | TRS dependent beneficiaries. |
22 | | (a) Purpose. It is the purpose of this amendatory Act of |
23 | | 1995 to transfer the administration of the program of health |
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1 | | benefits established for benefit recipients and their |
2 | | dependent beneficiaries under Article 16 of the Illinois |
3 | | Pension Code to the Department of Central Management Services. |
4 | | (b) Transition provisions. The Board of Trustees of the |
5 | | Teachers' Retirement System shall continue to administer the |
6 | | health benefit program established under Article 16 of the |
7 | | Illinois Pension Code through December 31, 1995. Beginning |
8 | | January 1, 1996, the Department of Central Management Services |
9 | | shall be responsible for administering a program of health |
10 | | benefits for TRS benefit recipients and TRS dependent |
11 | | beneficiaries under this Section. The Department of Central |
12 | | Management Services and the Teachers' Retirement System shall |
13 | | cooperate in this endeavor and shall coordinate their |
14 | | activities so as to ensure a smooth transition and |
15 | | uninterrupted health benefit coverage. |
16 | | (c) Eligibility. All persons who were enrolled in the |
17 | | Article 16 program at the time of the transfer shall be |
18 | | eligible to participate in the program established under this |
19 | | Section without any interruption or delay in coverage or |
20 | | limitation as to pre-existing medical conditions. Eligibility |
21 | | to participate shall be determined by the Teachers' Retirement |
22 | | System. Eligibility information shall be communicated to the |
23 | | Department of Central Management Services in a format |
24 | | acceptable to the Department. |
25 | | Eligible TRS benefit recipients may enroll or re-enroll in |
26 | | the program of health benefits established under this Section |
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1 | | during any applicable annual open enrollment period and as |
2 | | otherwise permitted by the Department of Central Management |
3 | | Services. A TRS benefit recipient shall not be deemed |
4 | | ineligible to participate solely by reason of the TRS benefit |
5 | | recipient having made a previous election to disenroll or |
6 | | otherwise not participate in the program of health benefits. |
7 | | A TRS dependent beneficiary who is a child age 19 or over |
8 | | and mentally or physically disabled does not become ineligible |
9 | | to participate by reason of (i) becoming ineligible to be |
10 | | claimed as a dependent for Illinois or federal income tax |
11 | | purposes or (ii) receiving earned income, so long as those |
12 | | earnings are insufficient for the child to be fully |
13 | | self-sufficient. |
14 | | (d) Coverage. The level of health benefits provided under |
15 | | this Section shall be similar to the level of benefits |
16 | | provided by the program previously established under Article |
17 | | 16 of the Illinois Pension Code. For plan years that begin on |
18 | | or after January 1, 2025, the health benefit program |
19 | | established under this Section shall include health, dental, |
20 | | and vision benefits. |
21 | | Group life insurance benefits are not included in the |
22 | | benefits to be provided to TRS benefit recipients and TRS |
23 | | dependent beneficiaries under this Act. |
24 | | The program of health benefits under this Section may |
25 | | include any or all of the benefit limitations, including but |
26 | | not limited to a reduction in benefits based on eligibility |
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1 | | for federal Medicare benefits, that are provided under |
2 | | subsection (a) of Section 6 of this Act for other health |
3 | | benefit programs under this Act. |
4 | | (e) Insurance rates and premiums. The Director shall |
5 | | determine the insurance rates and premiums for TRS benefit |
6 | | recipients and TRS dependent beneficiaries, and shall present |
7 | | to the Teachers' Retirement System of the State of Illinois, |
8 | | by April 15 of each calendar year, the rate-setting |
9 | | methodology (including but not limited to utilization levels |
10 | | and costs) used to determine the amount of the health care |
11 | | premiums. |
12 | | For Fiscal Year 1996, the premium shall be equal to |
13 | | the premium actually charged in Fiscal Year 1995; in |
14 | | subsequent years, the premium shall never be lower than |
15 | | the premium charged in Fiscal Year 1995. |
16 | | For Fiscal Year 2003, the premium shall not exceed |
17 | | 110% of the premium actually charged in Fiscal Year 2002. |
18 | | For Fiscal Year 2004, the premium shall not exceed |
19 | | 112% of the premium actually charged in Fiscal Year 2003. |
20 | | For Fiscal Year 2005, the premium shall not exceed a |
21 | | weighted average of 106.6% of the premium actually charged |
22 | | in Fiscal Year 2004. |
23 | | For Fiscal Year 2006, the premium shall not exceed a |
24 | | weighted average of 109.1% of the premium actually charged |
25 | | in Fiscal Year 2005. |
26 | | For Fiscal Year 2007, the premium shall not exceed a |
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1 | | weighted average of 103.9% of the premium actually charged |
2 | | in Fiscal Year 2006. |
3 | | For Fiscal Year 2008 and thereafter, the premium in |
4 | | each fiscal year shall not exceed 105% of the premium |
5 | | actually charged in the previous fiscal year. |
6 | | In addition to the premium amount charged for the program |
7 | | of health benefits, in the initial plan year in which the |
8 | | dental and vision benefits are provided, an additional premium |
9 | | of not more than $7.11 per month for each TRS benefit recipient |
10 | | and $28.43 per month for each TRS dependent beneficiary shall |
11 | | be charged. The additional premium shall be used for the |
12 | | purpose of financing the dental and vision benefits for TRS |
13 | | benefit recipients and TRS dependent beneficiaries on and |
14 | | after the effective date of this amendatory Act of the 103rd |
15 | | General Assembly. |
16 | | Rates and premiums may be based in part on age and |
17 | | eligibility for federal medicare coverage. However, the cost |
18 | | of participation for a TRS dependent beneficiary who is an |
19 | | unmarried child age 19 or over and mentally or physically |
20 | | disabled shall not exceed the cost for a TRS dependent |
21 | | beneficiary who is an unmarried child under age 19 and |
22 | | participates in the same major medical or managed care |
23 | | program. |
24 | | The cost of health benefits under the program shall be |
25 | | paid as follows: |
26 | | (1) For a TRS benefit recipient selecting a managed |
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1 | | care program, up to 75% of the total insurance rate shall |
2 | | be paid from the Teacher Health Insurance Security Fund. |
3 | | Effective with Fiscal Year 2007 and thereafter, for a TRS |
4 | | benefit recipient selecting a managed care program, 75% of |
5 | | the total insurance rate shall be paid from the Teacher |
6 | | Health Insurance Security Fund. |
7 | | (2) For a TRS benefit recipient selecting the major |
8 | | medical coverage program, up to 50% of the total insurance |
9 | | rate shall be paid from the Teacher Health Insurance |
10 | | Security Fund if a managed care program is accessible, as |
11 | | determined by the Teachers' Retirement System. Effective |
12 | | with Fiscal Year 2007 and thereafter, for a TRS benefit |
13 | | recipient selecting the major medical coverage program, |
14 | | 50% of the total insurance rate shall be paid from the |
15 | | Teacher Health Insurance Security Fund if a managed care |
16 | | program is accessible, as determined by the Department of |
17 | | Central Management Services. |
18 | | (3) For a TRS benefit recipient selecting the major |
19 | | medical coverage program, up to 75% of the total insurance |
20 | | rate shall be paid from the Teacher Health Insurance |
21 | | Security Fund if a managed care program is not accessible, |
22 | | as determined by the Teachers' Retirement System. |
23 | | Effective with Fiscal Year 2007 and thereafter, for a TRS |
24 | | benefit recipient selecting the major medical coverage |
25 | | program, 75% of the total insurance rate shall be paid |
26 | | from the Teacher Health Insurance Security Fund if a |
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1 | | managed care program is not accessible, as determined by |
2 | | the Department of Central Management Services. |
3 | | (3.1) For a TRS dependent beneficiary who is Medicare |
4 | | primary and enrolled in a managed care plan, or the major |
5 | | medical coverage program if a managed care plan is not |
6 | | available, 25% of the total insurance rate shall be paid |
7 | | from the Teacher Health Security Fund as determined by the |
8 | | Department of Central Management Services. For the purpose |
9 | | of this item (3.1), the term "TRS dependent beneficiary |
10 | | who is Medicare primary" means a TRS dependent beneficiary |
11 | | who is participating in Medicare Parts A and B. |
12 | | (4) Except as otherwise provided in item (3.1), the |
13 | | balance of the rate of insurance, including the entire |
14 | | premium of any coverage for TRS dependent beneficiaries |
15 | | that has been elected, shall be paid by deductions |
16 | | authorized by the TRS benefit recipient to be withheld |
17 | | from his or her monthly annuity or benefit payment from |
18 | | the Teachers' Retirement System; except that (i) if the |
19 | | balance of the cost of coverage exceeds the amount of the |
20 | | monthly annuity or benefit payment, the difference shall |
21 | | be paid directly to the Teachers' Retirement System by the |
22 | | TRS benefit recipient, and (ii) all or part of the balance |
23 | | of the cost of coverage may, at the school board's option, |
24 | | be paid to the Teachers' Retirement System by the school |
25 | | board of the school district from which the TRS benefit |
26 | | recipient retired, in accordance with Section 10-22.3b of |
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1 | | the School Code. The Teachers' Retirement System shall |
2 | | promptly deposit all moneys withheld by or paid to it |
3 | | under this subdivision (e)(4) into the Teacher Health |
4 | | Insurance Security Fund. These moneys shall not be |
5 | | considered assets of the Retirement System. |
6 | | (5) If, for any month beginning on or after January 1, |
7 | | 2013, a TRS benefit recipient or TRS dependent beneficiary |
8 | | was enrolled in Medicare Parts A and B and such Medicare |
9 | | coverage was primary to coverage under this Section but |
10 | | payment for coverage under this Section was made at a rate |
11 | | greater than the Medicare primary rate published by the |
12 | | Department of Central Management Services, the TRS benefit |
13 | | recipient or TRS dependent beneficiary shall be eligible |
14 | | for a refund equal to the difference between the amount |
15 | | paid by the TRS benefit recipient or TRS dependent |
16 | | beneficiary and the published Medicare primary rate. To |
17 | | receive a refund pursuant to this subsection, the TRS |
18 | | benefit recipient or TRS dependent beneficiary must |
19 | | provide documentation to the Department of Central |
20 | | Management Services evidencing the TRS benefit recipient's |
21 | | or TRS dependent beneficiary's Medicare coverage and the |
22 | | amount paid by the TRS benefit recipient or TRS dependent |
23 | | beneficiary during the applicable time period. |
24 | | (f) Financing. Beginning July 1, 1995, all revenues |
25 | | arising from the administration of the health benefit programs |
26 | | established under Article 16 of the Illinois Pension Code or |
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1 | | this Section shall be deposited into the Teacher Health |
2 | | Insurance Security Fund, which is hereby created as a |
3 | | nonappropriated trust fund to be held outside the State |
4 | | Treasury, with the State Treasurer as custodian. Any interest |
5 | | earned on moneys in the Teacher Health Insurance Security Fund |
6 | | shall be deposited into the Fund. |
7 | | Moneys in the Teacher Health Insurance Security Fund shall |
8 | | be used only to pay the costs of the health benefit program |
9 | | established under this Section, including associated |
10 | | administrative costs, and the costs associated with the health |
11 | | benefit program established under Article 16 of the Illinois |
12 | | Pension Code, as authorized in this Section. Beginning July 1, |
13 | | 1995, the Department of Central Management Services may make |
14 | | expenditures from the Teacher Health Insurance Security Fund |
15 | | for those costs. |
16 | | After other funds authorized for the payment of the costs |
17 | | of the health benefit program established under Article 16 of |
18 | | the Illinois Pension Code are exhausted and until January 1, |
19 | | 1996 (or such later date as may be agreed upon by the Director |
20 | | of Central Management Services and the Secretary of the |
21 | | Teachers' Retirement System), the Secretary of the Teachers' |
22 | | Retirement System may make expenditures from the Teacher |
23 | | Health Insurance Security Fund as necessary to pay up to 75% of |
24 | | the cost of providing health coverage to eligible benefit |
25 | | recipients (as defined in Sections 16-153.1 and 16-153.3 of |
26 | | the Illinois Pension Code) who are enrolled in the Article 16 |
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1 | | health benefit program and to facilitate the transfer of |
2 | | administration of the health benefit program to the Department |
3 | | of Central Management Services. |
4 | | The Department of Central Management Services, or any |
5 | | successor agency designated to procure healthcare contracts |
6 | | pursuant to this Act, is authorized to establish funds, |
7 | | separate accounts provided by any bank or banks as defined by |
8 | | the Illinois Banking Act, or separate accounts provided by any |
9 | | savings and loan association or associations as defined by the |
10 | | Illinois Savings and Loan Act of 1985 to be held by the |
11 | | Director, outside the State treasury, for the purpose of |
12 | | receiving the transfer of moneys from the Teacher Health |
13 | | Insurance Security Fund. The Department may promulgate rules |
14 | | further defining the methodology for the transfers. Any |
15 | | interest earned by moneys in the funds or accounts shall inure |
16 | | to the Teacher Health Insurance Security Fund. The transferred |
17 | | moneys, and interest accrued thereon, shall be used |
18 | | exclusively for transfers to administrative service |
19 | | organizations or their financial institutions for payments of |
20 | | claims to claimants and providers under the self-insurance |
21 | | health plan. The transferred moneys, and interest accrued |
22 | | thereon, shall not be used for any other purpose including, |
23 | | but not limited to, reimbursement of administration fees due |
24 | | the administrative service organization pursuant to its |
25 | | contract or contracts with the Department. |
26 | | (g) Contract for benefits. The Director shall by contract, |
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1 | | self-insurance, or otherwise make available the program of |
2 | | health benefits for TRS benefit recipients and their TRS |
3 | | dependent beneficiaries that is provided for in this Section. |
4 | | The contract or other arrangement for the provision of these |
5 | | health benefits shall be on terms deemed by the Director to be |
6 | | in the best interest of the State of Illinois and the TRS |
7 | | benefit recipients based on, but not limited to, such criteria |
8 | | as administrative cost, service capabilities of the carrier or |
9 | | other contractor, and the costs of the benefits. |
10 | | (g-5) Committee. A Teacher Retirement Insurance Program |
11 | | Committee shall be established, to consist of 10 persons |
12 | | appointed by the Governor. |
13 | | The Committee shall convene at least 4 times each year, |
14 | | and shall consider and make recommendations on issues |
15 | | affecting the program of health benefits provided under this |
16 | | Section. Recommendations of the Committee shall be based on a |
17 | | consensus of the members of the Committee. |
18 | | If the Teacher Health Insurance Security Fund experiences |
19 | | a deficit balance based upon the contribution and subsidy |
20 | | rates established in this Section and Section 6.6 for Fiscal |
21 | | Year 2008 or thereafter, the Committee shall make |
22 | | recommendations for adjustments to the funding sources |
23 | | established under these Sections. |
24 | | In addition, the Committee shall identify proposed |
25 | | solutions to the funding shortfalls that are affecting the |
26 | | Teacher Health Insurance Security Fund, and it shall report |
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1 | | those solutions to the Governor and the General Assembly |
2 | | within 6 months after August 15, 2011 (the effective date of |
3 | | Public Act 97-386). |
4 | | (h) Continuation of program. It is the intention of the |
5 | | General Assembly that the program of health benefits provided |
6 | | under this Section be maintained on an ongoing, affordable |
7 | | basis. |
8 | | The program of health benefits provided under this Section |
9 | | may be amended by the State and is not intended to be a pension |
10 | | or retirement benefit subject to protection under Article |
11 | | XIII, Section 5 of the Illinois Constitution. |
12 | | (i) Repeal. (Blank). |
13 | | (Source: P.A. 101-483, eff. 1-1-20; 102-210, eff. 7-30-21.)
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14 | | Section 3-4. The Attorney General Act is amended by |
15 | | changing Section 4a as follows:
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16 | | (15 ILCS 205/4a) (from Ch. 14, par. 4a) |
17 | | Sec. 4a. Attorneys and investigators appointed by the |
18 | | attorney general, and on his payroll, when authorized by the |
19 | | attorney general or his designee, may expend such sums as the |
20 | | attorney general or his designee deems necessary for any one |
21 | | or more of the following: the purchase of items for evidence ; , |
22 | | the advancement of fees in cases before United States courts |
23 | | or other State courts ; , and in the payment of expert witness |
24 | | expenses and witness fees, including expert witness fees; or |
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1 | | subpoena fees. |
2 | | Funds for making expenditures authorized in this Section |
3 | | shall be advanced from funds appropriated or made available by |
4 | | law for the support or use of the office of attorney general or |
5 | | vouchers therefor signed by the attorney general or his |
6 | | designee. Sums so advanced may be paid to the attorney or |
7 | | investigator authorized to receive the advancement, or may be |
8 | | made payable to the ultimate recipient. Any expenditures under |
9 | | this Section shall be audited by the auditor general as part of |
10 | | any mandated audit conducted in compliance with Section 3-2 of |
11 | | the Illinois State Auditing Act. |
12 | | (Source: P.A. 95-331, eff. 8-21-07.)
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13 | | Section 3-6. The Substance Use Disorder Act is amended by |
14 | | adding Section 5-30 as follows:
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15 | | (20 ILCS 301/5-30 new) |
16 | | Sec. 5-30. Substance Use Disorder Treatment Locator. |
17 | | Subject to appropriation, the Department of Human Services |
18 | | shall issue a request for proposal to establish a supplemental |
19 | | substance use disorder treatment locator that can compare and |
20 | | assess addiction treatment facilities to identify high-quality |
21 | | providers and provide a publicly available search function for |
22 | | patients, health care providers, and first responders to find |
23 | | substance use disorder providers. The supplemental treatment |
24 | | locator shall integrate with the Illinois Helpline and provide |
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1 | | annual surveys on both providers and patient experiences that |
2 | | aid in identifying high-quality providers to better aid |
3 | | decision making for patients, health care providers, and first |
4 | | responders to find substance use disorder treatment.
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5 | | Section 3-7. The Children and Family Services Act is |
6 | | amended by changing Sections 4a and 17a-4 as follows:
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7 | | (20 ILCS 505/4a) (from Ch. 23, par. 5004a) |
8 | | Sec. 4a. (a) To administer child abuse prevention shelters |
9 | | and service programs for abused and neglected children, or |
10 | | provide for their administration by not-for-profit |
11 | | corporations, community-based organizations or units of local |
12 | | government. |
13 | | The Department is hereby designated the single State |
14 | | agency for planning and coordination of child abuse and |
15 | | neglect prevention programs and services. On or before the |
16 | | first Friday in October of each year, the Department shall |
17 | | submit to the Governor and the General Assembly a State |
18 | | comprehensive child abuse and neglect prevention plan. The |
19 | | plan shall: identify priorities, goals and objectives; |
20 | | identify the resources necessary to implement the plan, |
21 | | including estimates of resources needed to investigate or |
22 | | otherwise process reports of suspected child abuse or neglect |
23 | | and to provide necessary follow-up services for child |
24 | | protection, family preservation and family reunification in |
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1 | | "indicated" cases as determined under the Abused and Neglected |
2 | | Child Reporting Act; make proposals for the most effective use |
3 | | of existing resources to implement the plan, including |
4 | | recommendations for the optimum use of private, local public, |
5 | | State and federal resources; and propose strategies for the |
6 | | development of additional resources to meet the goal of |
7 | | reducing the incidence of child abuse and neglect and reducing |
8 | | the number of reports of suspected child abuse and neglect |
9 | | made to the Department. |
10 | | (b) The administration of child abuse prevention, shelters |
11 | | and service programs under subsection (a) shall be funded in |
12 | | part by appropriations made from the Child Abuse Prevention |
13 | | Fund, which is hereby created in the State Treasury, and in |
14 | | part by appropriations from the General Revenue Fund. All |
15 | | interest earned on monies in the Child Abuse Prevention Fund |
16 | | shall remain in such fund. The Department and the State |
17 | | Treasurer may accept funds as provided by Sections 507 and 508 |
18 | | of the Illinois Income Tax Act and unsolicited private |
19 | | donations for deposit into the Child Abuse Prevention Fund. |
20 | | Annual requests for appropriations for the purpose of |
21 | | providing child abuse and neglect prevention programs and |
22 | | services under this Section shall be made in separate and |
23 | | distinct line-items. In setting priorities for the direction |
24 | | and scope of such programs, the Director shall be advised by |
25 | | the State-wide Citizen's Committee on Child Abuse and Neglect. |
26 | | (c) (Blank). Where the Department contracts with outside |
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1 | | agencies to operate the shelters or programs, such outside |
2 | | agencies may receive funding from the Department, except that |
3 | | the shelters must certify a 20% financial match for operating |
4 | | expenses of their programs. In selecting the outside agencies |
5 | | to administer child shelters and service programs, and in |
6 | | allocating funds for such agencies, the Department shall give |
7 | | priority to new and existing shelters or programs offering the |
8 | | broadest range of services to the community served. |
9 | | (d) The Department shall have the power to make grants of |
10 | | monies to fund comprehensive community-based services to |
11 | | reduce the incidence of family dysfunction typified by child |
12 | | abuse and neglect; to diminish those factors found to increase |
13 | | family dysfunction; and to measure the effectiveness and costs |
14 | | of such services. |
15 | | (e) For implementing such intergovernmental cooperation |
16 | | and involvement, units of local government and public and |
17 | | private agencies may apply for and receive federal or State |
18 | | funds from the Department under this Act or seek and receive |
19 | | gifts from local philanthropic or other private local sources |
20 | | in order to augment any State funds appropriated for the |
21 | | purposes of this Act. |
22 | | (e-5) The Department may establish and maintain locally |
23 | | held funds to be individually known as the Youth in Care |
24 | | Support Fund. Moneys in these funds shall be used for |
25 | | purchases for the immediate needs of youth in care or for the |
26 | | immediate support needs of youth, families, and caregivers |
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1 | | served by the Department. Moneys paid into funds shall be from |
2 | | appropriations made to the DCFS Children's Services Fund. |
3 | | Funds remaining in any Youth in Care Support Fund must be |
4 | | returned to the DCFS Children's Services Fund upon |
5 | | dissolution. Any warrant for payment to a vendor for the same |
6 | | product or service for a youth in care shall be payable to the |
7 | | Department to reimburse the immediate payment from the Youth |
8 | | in Care Support Fund. |
9 | | (f) For the purposes of this Section: |
10 | | (1) The terms "abused child" and "neglected child" |
11 | | have meanings ascribed to them in Section 3 of the Abused |
12 | | and Neglected Child Reporting Act. |
13 | | (2) "Shelter" has the meaning ascribed to it in |
14 | | Section 1-3 of the Juvenile Court Act of 1987. |
15 | | (Source: P.A. 103-259, eff. 1-1-24 .)
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16 | | (20 ILCS 505/17a-4) (from Ch. 23, par. 5017a-4) |
17 | | Sec. 17a-4. Grants for community-based youth services; |
18 | | Department of Human Services. |
19 | | (a) The Department of Human Services shall make grants for |
20 | | the purpose of planning, establishing, operating, coordinating |
21 | | and evaluating programs aimed at reducing or eliminating the |
22 | | involvement of youth in the child welfare or juvenile justice |
23 | | systems. The programs shall include those providing for more |
24 | | comprehensive and integrated community-based youth services |
25 | | including Unified Delinquency Intervention Services programs |
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1 | | and for community services programs. The Department may |
2 | | authorize advance disbursement of funds for such youth |
3 | | services programs. When the appropriation for "comprehensive |
4 | | community-based service to youth" is equal to or exceeds |
5 | | $5,000,000, the Department shall allocate the total amount of |
6 | | such appropriated funds in the following manner: |
7 | | (1) no more than 20% of the grant funds appropriated |
8 | | shall be awarded by the Department for new program |
9 | | development and innovation; |
10 | | (2) not less than 80% of grant funds appropriated |
11 | | shall be allocated to community-based youth services |
12 | | programs based upon population of youth under 18 years of |
13 | | age and other demographic variables defined by the |
14 | | Department of Human Services by rule, which may include |
15 | | weighting for service priorities relating to special needs |
16 | | identified in the annual plans of the regional youth |
17 | | planning committees established under this Act; and |
18 | | (3) if any amount so allocated under paragraph (2) of |
19 | | this subsection (a) remains unobligated such funds shall |
20 | | be reallocated in a manner equitable and consistent with |
21 | | the purpose of paragraph (2) of this subsection (a) . ; and |
22 | | (4) the local boards or local service systems shall |
23 | | certify prior to receipt of grant funds from the |
24 | | Department of Human Services that a 10% local public or |
25 | | private financial or in-kind commitment is allocated to |
26 | | supplement the State grant. |
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1 | | (b) Notwithstanding any provision in this Act or rules |
2 | | promulgated under this Act to the contrary, unless expressly |
3 | | prohibited by federal law or regulation, all individuals, |
4 | | corporations, or other entities that provide medical or mental |
5 | | health services, whether organized as for-profit or |
6 | | not-for-profit entities, shall be eligible for consideration |
7 | | by the Department of Human Services to participate in any |
8 | | program funded or administered by the Department. This |
9 | | subsection shall not apply to the receipt of federal funds |
10 | | administered and transferred by the Department for services |
11 | | when the federal government has specifically provided that |
12 | | those funds may be received only by those entities organized |
13 | | as not-for-profit entities. |
14 | | (Source: P.A. 89-392, eff. 8-20-95; 89-507, eff. 7-1-97; |
15 | | 90-655, eff. 7-30-98.)
|
16 | | Section 3-8. The Department of Commerce and Economic |
17 | | Opportunity Law of the Civil Administrative Code of Illinois |
18 | | is amended by changing Section 605-705 as follows:
|
19 | | (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a) |
20 | | Sec. 605-705. Grants to local tourism and convention |
21 | | bureaus. |
22 | | (a) To establish a grant program for local tourism and |
23 | | convention bureaus. The Department will develop and implement |
24 | | a program for the use of funds, as authorized under this Act, |
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1 | | by local tourism and convention bureaus. For the purposes of |
2 | | this Act, bureaus eligible to receive funds are those local |
3 | | tourism and convention bureaus that are (i) either units of |
4 | | local government or incorporated as not-for-profit |
5 | | organizations; (ii) in legal existence for a minimum of 2 |
6 | | years before July 1, 2001; (iii) operating with a paid, |
7 | | full-time staff whose sole purpose is to promote tourism in |
8 | | the designated service area; and (iv) affiliated with one or |
9 | | more municipalities or counties that support the bureau with |
10 | | local hotel-motel taxes. After July 1, 2001, bureaus |
11 | | requesting certification in order to receive funds for the |
12 | | first time must be local tourism and convention bureaus that |
13 | | are (i) either units of local government or incorporated as |
14 | | not-for-profit organizations; (ii) in legal existence for a |
15 | | minimum of 2 years before the request for certification; (iii) |
16 | | operating with a paid, full-time staff whose sole purpose is |
17 | | to promote tourism in the designated service area; and (iv) |
18 | | affiliated with multiple municipalities or counties that |
19 | | support the bureau with local hotel-motel taxes. Each bureau |
20 | | receiving funds under this Act will be certified by the |
21 | | Department as the designated recipient to serve an area of the |
22 | | State. Notwithstanding the criteria set forth in this |
23 | | subsection (a), or any rule adopted under this subsection (a), |
24 | | the Director of the Department may provide for the award of |
25 | | grant funds to one or more entities if in the Department's |
26 | | judgment that action is necessary in order to prevent a loss of |
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1 | | funding critical to promoting tourism in a designated |
2 | | geographic area of the State. |
3 | | (b) To distribute grants to local tourism and convention |
4 | | bureaus from appropriations made from the Local Tourism Fund |
5 | | for that purpose. Of the amounts appropriated annually to the |
6 | | Department for expenditure under this Section prior to July 1, |
7 | | 2011, one-third of those monies shall be used for grants to |
8 | | convention and tourism bureaus in cities with a population |
9 | | greater than 500,000. The remaining two-thirds of the annual |
10 | | appropriation prior to July 1, 2011 shall be used for grants to |
11 | | convention and tourism bureaus in the remainder of the State, |
12 | | in accordance with a formula based upon the population served. |
13 | | Of the amounts appropriated annually to the Department for |
14 | | expenditure under this Section beginning July 1, 2011, 18% of |
15 | | such moneys shall be used for grants to convention and tourism |
16 | | bureaus in cities with a population greater than 500,000. Of |
17 | | the amounts appropriated annually to the Department for |
18 | | expenditure under this Section beginning July 1, 2011, 82% of |
19 | | such moneys shall be used for grants to convention bureaus in |
20 | | the remainder of the State, in accordance with a formula based |
21 | | upon the population served. The Department may reserve up to |
22 | | 3% of total local tourism funds available for costs of |
23 | | administering the program to conduct audits of grants, to |
24 | | provide incentive funds to those bureaus that will conduct |
25 | | promotional activities designed to further the Department's |
26 | | statewide advertising campaign, to fund special statewide |
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1 | | promotional activities, and to fund promotional activities |
2 | | that support an increased use of the State's parks or historic |
3 | | sites. The Department shall require that any convention and |
4 | | tourism bureau receiving a grant under this Section that |
5 | | requires matching funds shall provide matching funds equal to |
6 | | no less than 50% of the grant amount , except that : (1) in |
7 | | Fiscal Years 2021 through 2024 only, the Department shall |
8 | | require that any convention and tourism bureau receiving a |
9 | | grant under this Section that requires matching funds shall |
10 | | provide matching funds equal to no less than 25% of the grant |
11 | | amount ; (2) in Fiscal Year 2025, the Department shall require |
12 | | that any convention and tourism bureau receiving a grant under |
13 | | this Section that requires matching funds shall provide |
14 | | matching funds equal to no less than 30% of the grant amount; |
15 | | and (3) in Fiscal Year 2026, the Department shall require that |
16 | | any convention and tourism bureau receiving a grant under this |
17 | | Section that requires matching funds shall provide matching |
18 | | funds equal to no less than 40% of the grant amount . During |
19 | | fiscal year 2013, the Department shall reserve $2,000,000 of |
20 | | the available local tourism funds for appropriation to the |
21 | | Historic Preservation Agency for the operation of the Abraham |
22 | | Lincoln Presidential Library and Museum and State historic |
23 | | sites. |
24 | | To provide for the expeditious and timely implementation |
25 | | of the changes made by Public Act 101-636, emergency rules to |
26 | | implement the changes made by Public Act 101-636 may be |
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1 | | adopted by the Department subject to the provisions of Section |
2 | | 5-45 of the Illinois Administrative Procedure Act. |
3 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
4 | | 103-8, eff. 6-7-23.)
|
5 | | Section 3-9. The Mental Health and Developmental |
6 | | Disabilities Administrative Act is amended by changing Section |
7 | | 74 as follows:
|
8 | | (20 ILCS 1705/74) |
9 | | Sec. 74. Rates and reimbursements. |
10 | | (a) Within 30 days after July 6, 2017 (the effective date |
11 | | of Public Act 100-23), the Department shall increase rates and |
12 | | reimbursements to fund a minimum of a $0.75 per hour wage |
13 | | increase for front-line personnel, including, but not limited |
14 | | to, direct support professionals, aides, front-line |
15 | | supervisors, qualified intellectual disabilities |
16 | | professionals, nurses, and non-administrative support staff |
17 | | working in community-based provider organizations serving |
18 | | individuals with developmental disabilities. The Department |
19 | | shall adopt rules, including emergency rules under subsection |
20 | | (y) of Section 5-45 of the Illinois Administrative Procedure |
21 | | Act, to implement the provisions of this Section. |
22 | | (b) Rates and reimbursements. Within 30 days after June 4, |
23 | | 2018 (the effective date of Public Act 100-587), the |
24 | | Department shall increase rates and reimbursements to fund a |
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1 | | minimum of a $0.50 per hour wage increase for front-line |
2 | | personnel, including, but not limited to, direct support |
3 | | professionals, aides, front-line supervisors, qualified |
4 | | intellectual disabilities professionals, nurses, and |
5 | | non-administrative support staff working in community-based |
6 | | provider organizations serving individuals with developmental |
7 | | disabilities. The Department shall adopt rules, including |
8 | | emergency rules under subsection (bb) of Section 5-45 of the |
9 | | Illinois Administrative Procedure Act, to implement the |
10 | | provisions of this Section. |
11 | | (c) Rates and reimbursements. Within 30 days after June 5, |
12 | | 2019 (the effective date of Public Act 101-10), subject to |
13 | | federal approval, the Department shall increase rates and |
14 | | reimbursements in effect on June 30, 2019 for community-based |
15 | | providers for persons with Developmental Disabilities by 3.5% |
16 | | The Department shall adopt rules, including emergency rules |
17 | | under subsection (jj) of Section 5-45 of the Illinois |
18 | | Administrative Procedure Act, to implement the provisions of |
19 | | this Section, including wage increases for direct care staff. |
20 | | (d) For community-based providers serving persons with |
21 | | intellectual/developmental disabilities, subject to federal |
22 | | approval of any relevant Waiver Amendment, the rates taking |
23 | | effect for services delivered on or after January 1, 2022, |
24 | | shall include an increase in the rate methodology sufficient |
25 | | to provide a $1.50 per hour wage increase for direct support |
26 | | professionals in residential settings and sufficient to |
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1 | | provide wages for all residential non-executive direct care |
2 | | staff, excluding direct support professionals, at the federal |
3 | | Department of Labor, Bureau of Labor Statistics' average wage |
4 | | as defined in rule by the Department. |
5 | | The establishment of and any changes to the rate |
6 | | methodologies for community-based services provided to persons |
7 | | with intellectual/developmental disabilities are subject to |
8 | | federal approval of any relevant Waiver Amendment and shall be |
9 | | defined in rule by the Department. The Department shall adopt |
10 | | rules, including emergency rules as authorized by Section 5-45 |
11 | | of the Illinois Administrative Procedure Act, to implement the |
12 | | provisions of this subsection (d). |
13 | | (e) For community-based providers serving persons with |
14 | | intellectual/developmental disabilities, subject to federal |
15 | | approval of any relevant Waiver Amendment, the rates taking |
16 | | effect for services delivered on or after January 1, 2023, |
17 | | shall include an increase in the rate methodology sufficient |
18 | | to provide a $1.00 per hour wage increase for all direct |
19 | | support professionals and all other frontline personnel who |
20 | | are not subject to the Bureau of Labor Statistics' average |
21 | | wage increases, who work in residential and community day |
22 | | services settings, with at least $0.50 of those funds to be |
23 | | provided as a direct increase to base wages, with the |
24 | | remaining $0.50 to be used flexibly for base wage increases. |
25 | | In addition, the rates taking effect for services delivered on |
26 | | or after January 1, 2023 shall include an increase sufficient |
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1 | | to provide wages for all residential non-executive direct care |
2 | | staff, excluding direct support professionals, at the federal |
3 | | Department of Labor, Bureau of Labor Statistics' average wage |
4 | | as defined in rule by the Department. |
5 | | The establishment of and any changes to the rate |
6 | | methodologies for community-based services provided to persons |
7 | | with intellectual/developmental disabilities are subject to |
8 | | federal approval of any relevant Waiver Amendment and shall be |
9 | | defined in rule by the Department. The Department shall adopt |
10 | | rules, including emergency rules as authorized by Section 5-45 |
11 | | of the Illinois Administrative Procedure Act, to implement the |
12 | | provisions of this subsection. |
13 | | (f) For community-based providers serving persons with |
14 | | intellectual/developmental disabilities, subject to federal |
15 | | approval of any relevant Waiver Amendment, the rates taking |
16 | | effect for services delivered on or after January 1, 2024 |
17 | | shall include an increase in the rate methodology sufficient |
18 | | to provide a $2.50 per hour wage increase for all direct |
19 | | support professionals and all other frontline personnel who |
20 | | are not subject to the Bureau of Labor Statistics' average |
21 | | wage increases and who work in residential and community day |
22 | | services settings. At least $1.25 of the per hour wage |
23 | | increase shall be provided as a direct increase to base wages, |
24 | | and the remaining $1.25 of the per hour wage increase shall be |
25 | | used flexibly for base wage increases. In addition, the rates |
26 | | taking effect for services delivered on or after January 1, |
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1 | | 2024 shall include an increase sufficient to provide wages for |
2 | | all residential non-executive direct care staff, excluding |
3 | | direct support professionals, at the federal Department of |
4 | | Labor, Bureau of Labor Statistics' average wage as defined in |
5 | | rule by the Department. |
6 | | The establishment of and any changes to the rate |
7 | | methodologies for community-based services provided to persons |
8 | | with intellectual/developmental disabilities are subject to |
9 | | federal approval of any relevant Waiver Amendment and shall be |
10 | | defined in rule by the Department. The Department shall adopt |
11 | | rules, including emergency rules as authorized by Section 5-45 |
12 | | of the Illinois Administrative Procedure Act, to implement the |
13 | | provisions of this subsection. |
14 | | (g) For community-based providers serving persons with |
15 | | intellectual or developmental disabilities, subject to federal |
16 | | approval of any relevant Waiver Amendment, the rates taking |
17 | | effect for services delivered on or after January 1, 2025 |
18 | | shall include an increase in the rate methodology sufficient |
19 | | to provide a $1 per hour wage rate increase for all direct |
20 | | support personnel and all other frontline personnel who are |
21 | | not subject to the Bureau of Labor Statistics' average wage |
22 | | increases and who work in residential and community day |
23 | | services settings, with at least $0.50 of those funds to be |
24 | | provided as a direct increase to base wages and the remaining |
25 | | $0.50 to be used flexibly for base wage increases. These |
26 | | increases shall not be used by community-based providers for |
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1 | | operational or administrative expenses. In addition, the rates |
2 | | taking effect for services delivered on or after January 1, |
3 | | 2025 shall include an increase sufficient to provide wages for |
4 | | all residential non-executive direct care staff, excluding |
5 | | direct support personnel, at the federal Department of Labor, |
6 | | Bureau of Labor Statistics' average wage as defined by rule by |
7 | | the Department. For services delivered on or after January 1, |
8 | | 2025, the rates shall include adjustments to |
9 | | employment-related expenses as defined by rule by the |
10 | | Department. |
11 | | The establishment of and any changes to the rate |
12 | | methodologies for community-based services provided to persons |
13 | | with intellectual or developmental disabilities are subject to |
14 | | federal approval of any relevant Waiver Amendment and shall be |
15 | | defined in rule by the Department. The Department shall adopt |
16 | | rules, including emergency rules as authorized by Section 5-45 |
17 | | of the Illinois Administrative Procedure Act, to implement the |
18 | | provisions of this subsection. |
19 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
20 | | 102-830, eff. 1-1-23; 103-8, eff. 6-7-23; 103-154, eff. |
21 | | 6-30-23.)
|
22 | | Section 3-10. The Governor's Office of Management and |
23 | | Budget Act is amended by adding Section 7.4 as follows:
|
24 | | (20 ILCS 3005/7.4 new) |
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1 | | Sec. 7.4. Monthly revenues reporting. No later than the |
2 | | 15th day following the end of each month, the Office shall |
3 | | prepare and publish a written report including, at a minimum, |
4 | | the following information: |
5 | | (1) year-to-date general funds revenues as compared to |
6 | | anticipated revenues; |
7 | | (2) year-to-date general funds expenditures as |
8 | | compared to the then current fiscal year budget as |
9 | | enacted; and |
10 | | (3) any transfers between budget lines pursuant to |
11 | | Section 13.2 of the State Finance Act exceeding 2%.
|
12 | | Section 3-11. The Illinois Emergency Management Agency Act |
13 | | is amended by changing Section 5 as follows:
|
14 | | (20 ILCS 3305/5) (from Ch. 127, par. 1055) |
15 | | Sec. 5. Illinois Emergency Management Agency. |
16 | | (a) There is created within the executive branch of the |
17 | | State Government an Illinois Emergency Management Agency and a |
18 | | Director of the Illinois Emergency Management Agency, herein |
19 | | called the "Director" who shall be the head thereof. The |
20 | | Director shall be appointed by the Governor, with the advice |
21 | | and consent of the Senate, and shall serve for a term of 2 |
22 | | years beginning on the third Monday in January of the |
23 | | odd-numbered year, and until a successor is appointed and has |
24 | | qualified; except that the term of the first Director |
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1 | | appointed under this Act shall expire on the third Monday in |
2 | | January, 1989. The Director shall not hold any other |
3 | | remunerative public office. For terms beginning after January |
4 | | 18, 2019 (the effective date of Public Act 100-1179) and |
5 | | before January 16, 2023, the annual salary of the Director |
6 | | shall be as provided in Section 5-300 of the Civil |
7 | | Administrative Code of Illinois. Notwithstanding any other |
8 | | provision of law, for terms beginning on or after January 16, |
9 | | 2023, the Director shall receive an annual salary of $180,000 |
10 | | or as set by the Governor, whichever is higher. On July 1, |
11 | | 2023, and on each July 1 thereafter, the Director shall |
12 | | receive an increase in salary based on a cost of living |
13 | | adjustment as authorized by Senate Joint Resolution 192 of the |
14 | | 86th General Assembly. |
15 | | For terms beginning on or after January 16, 2023, the |
16 | | Assistant Director of the Illinois Emergency Management Agency |
17 | | shall receive an annual salary of $156,600 or as set by the |
18 | | Governor, whichever is higher. On July 1, 2023, and on each |
19 | | July 1 thereafter, the Assistant Director shall receive an |
20 | | increase in salary based on a cost of living adjustment as |
21 | | authorized by Senate Joint Resolution 192 of the 86th General |
22 | | Assembly. |
23 | | (b) The Illinois Emergency Management Agency shall obtain, |
24 | | under the provisions of the Personnel Code, technical, |
25 | | clerical, stenographic and other administrative personnel, and |
26 | | may make expenditures within the appropriation therefor as may |
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1 | | be necessary to carry out the purpose of this Act. The agency |
2 | | created by this Act is intended to be a successor to the agency |
3 | | created under the Illinois Emergency Services and Disaster |
4 | | Agency Act of 1975 and the personnel, equipment, records, and |
5 | | appropriations of that agency are transferred to the successor |
6 | | agency as of June 30, 1988 (the effective date of this Act). |
7 | | (c) The Director, subject to the direction and control of |
8 | | the Governor, shall be the executive head of the Illinois |
9 | | Emergency Management Agency and the State Emergency Response |
10 | | Commission and shall be responsible under the direction of the |
11 | | Governor, for carrying out the program for emergency |
12 | | management of this State. The Director shall also maintain |
13 | | liaison and cooperate with the emergency management |
14 | | organizations of this State and other states and of the |
15 | | federal government. |
16 | | (d) The Illinois Emergency Management Agency shall take an |
17 | | integral part in the development and revision of political |
18 | | subdivision emergency operations plans prepared under |
19 | | paragraph (f) of Section 10. To this end it shall employ or |
20 | | otherwise secure the services of professional and technical |
21 | | personnel capable of providing expert assistance to the |
22 | | emergency services and disaster agencies. These personnel |
23 | | shall consult with emergency services and disaster agencies on |
24 | | a regular basis and shall make field examinations of the |
25 | | areas, circumstances, and conditions that particular political |
26 | | subdivision emergency operations plans are intended to apply. |
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1 | | (e) The Illinois Emergency Management Agency and political |
2 | | subdivisions shall be encouraged to form an emergency |
3 | | management advisory committee composed of private and public |
4 | | personnel representing the emergency management phases of |
5 | | mitigation, preparedness, response, and recovery. The Local |
6 | | Emergency Planning Committee, as created under the Illinois |
7 | | Emergency Planning and Community Right to Know Act, shall |
8 | | serve as an advisory committee to the emergency services and |
9 | | disaster agency or agencies serving within the boundaries of |
10 | | that Local Emergency Planning Committee planning district for: |
11 | | (1) the development of emergency operations plan |
12 | | provisions for hazardous chemical emergencies; and |
13 | | (2) the assessment of emergency response capabilities |
14 | | related to hazardous chemical emergencies. |
15 | | (f) The Illinois Emergency Management Agency shall: |
16 | | (1) Coordinate the overall emergency management |
17 | | program of the State. |
18 | | (2) Cooperate with local governments, the federal |
19 | | government, and any public or private agency or entity in |
20 | | achieving any purpose of this Act and in implementing |
21 | | emergency management programs for mitigation, |
22 | | preparedness, response, and recovery. |
23 | | (2.5) Develop a comprehensive emergency preparedness |
24 | | and response plan for any nuclear accident in accordance |
25 | | with Section 65 of the Nuclear Safety Law of 2004 and in |
26 | | development of the Illinois Nuclear Safety Preparedness |
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1 | | program in accordance with Section 8 of the Illinois |
2 | | Nuclear Safety Preparedness Act. |
3 | | (2.6) Coordinate with the Department of Public Health |
4 | | with respect to planning for and responding to public |
5 | | health emergencies. |
6 | | (3) Prepare, for issuance by the Governor, executive |
7 | | orders, proclamations, and regulations as necessary or |
8 | | appropriate in coping with disasters. |
9 | | (4) Promulgate rules and requirements for political |
10 | | subdivision emergency operations plans that are not |
11 | | inconsistent with and are at least as stringent as |
12 | | applicable federal laws and regulations. |
13 | | (5) Review and approve, in accordance with Illinois |
14 | | Emergency Management Agency rules, emergency operations |
15 | | plans for those political subdivisions required to have an |
16 | | emergency services and disaster agency pursuant to this |
17 | | Act. |
18 | | (5.5) Promulgate rules and requirements for the |
19 | | political subdivision emergency management exercises, |
20 | | including, but not limited to, exercises of the emergency |
21 | | operations plans. |
22 | | (5.10) Review, evaluate, and approve, in accordance |
23 | | with Illinois Emergency Management Agency rules, political |
24 | | subdivision emergency management exercises for those |
25 | | political subdivisions required to have an emergency |
26 | | services and disaster agency pursuant to this Act. |
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1 | | (6) Determine requirements of the State and its |
2 | | political subdivisions for food, clothing, and other |
3 | | necessities in event of a disaster. |
4 | | (7) Establish a register of persons with types of |
5 | | emergency management training and skills in mitigation, |
6 | | preparedness, response, and recovery. |
7 | | (8) Establish a register of government and private |
8 | | response resources available for use in a disaster. |
9 | | (9) Expand the Earthquake Awareness Program and its |
10 | | efforts to distribute earthquake preparedness materials to |
11 | | schools, political subdivisions, community groups, civic |
12 | | organizations, and the media. Emphasis will be placed on |
13 | | those areas of the State most at risk from an earthquake. |
14 | | Maintain the list of all school districts, hospitals, |
15 | | airports, power plants, including nuclear power plants, |
16 | | lakes, dams, emergency response facilities of all types, |
17 | | and all other major public or private structures which are |
18 | | at the greatest risk of damage from earthquakes under |
19 | | circumstances where the damage would cause subsequent harm |
20 | | to the surrounding communities and residents. |
21 | | (10) Disseminate all information, completely and |
22 | | without delay, on water levels for rivers and streams and |
23 | | any other data pertaining to potential flooding supplied |
24 | | by the Division of Water Resources within the Department |
25 | | of Natural Resources to all political subdivisions to the |
26 | | maximum extent possible. |
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1 | | (11) Develop agreements, if feasible, with medical |
2 | | supply and equipment firms to supply resources as are |
3 | | necessary to respond to an earthquake or any other |
4 | | disaster as defined in this Act. These resources will be |
5 | | made available upon notifying the vendor of the disaster. |
6 | | Payment for the resources will be in accordance with |
7 | | Section 7 of this Act. The Illinois Department of Public |
8 | | Health shall determine which resources will be required |
9 | | and requested. |
10 | | (11.5) In coordination with the Illinois State Police, |
11 | | develop and implement a community outreach program to |
12 | | promote awareness among the State's parents and children |
13 | | of child abduction prevention and response. |
14 | | (12) Out of funds appropriated for these purposes, |
15 | | award capital and non-capital grants to Illinois hospitals |
16 | | or health care facilities located outside of a city with a |
17 | | population in excess of 1,000,000 to be used for purposes |
18 | | that include, but are not limited to, preparing to respond |
19 | | to mass casualties and disasters, maintaining and |
20 | | improving patient safety and quality of care, and |
21 | | protecting the confidentiality of patient information. No |
22 | | single grant for a capital expenditure shall exceed |
23 | | $300,000. No single grant for a non-capital expenditure |
24 | | shall exceed $100,000. In awarding such grants, preference |
25 | | shall be given to hospitals that serve a significant |
26 | | number of Medicaid recipients, but do not qualify for |
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1 | | disproportionate share hospital adjustment payments under |
2 | | the Illinois Public Aid Code. To receive such a grant, a |
3 | | hospital or health care facility must provide funding of |
4 | | at least 50% of the cost of the project for which the grant |
5 | | is being requested. In awarding such grants the Illinois |
6 | | Emergency Management Agency shall consider the |
7 | | recommendations of the Illinois Hospital Association. |
8 | | (13) Do all other things necessary, incidental or |
9 | | appropriate for the implementation of this Act. |
10 | | (g) The Illinois Emergency Management Agency is authorized |
11 | | to make grants to various higher education institutions, |
12 | | public K-12 school districts, area vocational centers as |
13 | | designated by the State Board of Education, inter-district |
14 | | special education cooperatives, regional safe schools, and |
15 | | nonpublic K-12 schools for safety and security improvements. |
16 | | For the purpose of this subsection (g), "higher education |
17 | | institution" means a public university, a public community |
18 | | college, or an independent, not-for-profit or for-profit |
19 | | higher education institution located in this State. Grants |
20 | | made under this subsection (g) shall be paid out of moneys |
21 | | appropriated for that purpose from the Build Illinois Bond |
22 | | Fund. The Illinois Emergency Management Agency shall adopt |
23 | | rules to implement this subsection (g). These rules may |
24 | | specify: (i) the manner of applying for grants; (ii) project |
25 | | eligibility requirements; (iii) restrictions on the use of |
26 | | grant moneys; (iv) the manner in which the various higher |
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1 | | education institutions must account for the use of grant |
2 | | moneys; and (v) any other provision that the Illinois |
3 | | Emergency Management Agency determines to be necessary or |
4 | | useful for the administration of this subsection (g). |
5 | | (g-5) The Illinois Emergency Management Agency is |
6 | | authorized to make grants to not-for-profit organizations |
7 | | which are exempt from federal income taxation under section |
8 | | 501(c)(3) of the Federal Internal Revenue Code for eligible |
9 | | security improvements that assist the organization in |
10 | | preventing, preparing for, or responding to threats, attacks, |
11 | | or acts of terrorism. To be eligible for a grant under the |
12 | | program, the Agency must determine that the organization is at |
13 | | a high risk of being subject to threats, attacks, or acts of |
14 | | terrorism based on the organization's profile, ideology, |
15 | | mission, or beliefs. Eligible security improvements shall |
16 | | include all eligible preparedness activities under the federal |
17 | | Nonprofit Security Grant Program, including, but not limited |
18 | | to, physical security upgrades, security training exercises, |
19 | | preparedness training exercises, contracting with security |
20 | | personnel, and any other security upgrades deemed eligible by |
21 | | the Director. Eligible security improvements shall not |
22 | | duplicate, in part or in whole, a project included under any |
23 | | awarded federal grant or in a pending federal application. The |
24 | | Director shall establish procedures and forms by which |
25 | | applicants may apply for a grant and procedures for |
26 | | distributing grants to recipients. Any security improvements |
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1 | | awarded shall remain at the physical property listed in the |
2 | | grant application, unless authorized by Agency rule or |
3 | | approved by the Agency in writing. The procedures shall |
4 | | require each applicant to do the following: |
5 | | (1) identify and substantiate prior or current |
6 | | threats, attacks, or acts of terrorism against the |
7 | | not-for-profit organization; |
8 | | (2) indicate the symbolic or strategic value of one or |
9 | | more sites that renders the site a possible target of a |
10 | | threat, attack, or act of terrorism; |
11 | | (3) discuss potential consequences to the organization |
12 | | if the site is damaged, destroyed, or disrupted by a |
13 | | threat, attack, or act of terrorism; |
14 | | (4) describe how the grant will be used to integrate |
15 | | organizational preparedness with broader State and local |
16 | | preparedness efforts, as described by the Agency in each |
17 | | Notice of Opportunity for Funding; |
18 | | (5) submit (i) a vulnerability assessment conducted by |
19 | | experienced security, law enforcement, or military |
20 | | personnel, or conducted using an Agency-approved or |
21 | | federal Nonprofit Security Grant Program self-assessment |
22 | | tool, and (ii) a description of how the grant award will be |
23 | | used to address the vulnerabilities identified in the |
24 | | assessment; and |
25 | | (6) submit any other relevant information as may be |
26 | | required by the Director. |
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1 | | The Agency is authorized to use funds appropriated for the |
2 | | grant program described in this subsection (g-5) to administer |
3 | | the program. Any Agency Notice of Opportunity for Funding, |
4 | | proposed or final rulemaking, guidance, training opportunity, |
5 | | or other resource related to the grant program must be |
6 | | published on the Agency's publicly available website, and any |
7 | | announcements related to funding shall be shared with all |
8 | | State legislative offices, the Governor's office, emergency |
9 | | services and disaster agencies mandated or required pursuant |
10 | | to subsections (b) through (d) of Section 10, and any other |
11 | | State agencies as determined by the Agency. Subject to |
12 | | appropriation, the grant application period shall be open for |
13 | | no less than 45 calendar days during the first application |
14 | | cycle each fiscal year, unless the Agency determines that a |
15 | | shorter period is necessary to avoid conflicts with the annual |
16 | | federal Nonprofit Security Grant Program funding cycle. |
17 | | Additional application cycles may be conducted during the same |
18 | | fiscal year, subject to availability of funds. Upon request, |
19 | | Agency staff shall provide reasonable assistance to any |
20 | | applicant in completing a grant application or meeting a |
21 | | post-award requirement. |
22 | | The Agency shall adopt rules or procedures by which |
23 | | grantees under this subsection (g-5) may receive a working |
24 | | capital advance of initial start-up costs and up to 2 months of |
25 | | program expenses, not to exceed 25% of the total award amount, |
26 | | if, during the application process, the grantee demonstrates a |
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1 | | need for funds to commence a project. The remaining funds must |
2 | | be paid through reimbursement after the grantee presents |
3 | | sufficient supporting documentation of expenditures for |
4 | | eligible activities. |
5 | | (h) Except as provided in Section 17.5 of this Act, any |
6 | | moneys received by the Agency from donations or sponsorships |
7 | | unrelated to a disaster shall be deposited in the Emergency |
8 | | Planning and Training Fund and used by the Agency, subject to |
9 | | appropriation, to effectuate planning and training activities. |
10 | | Any moneys received by the Agency from donations during a |
11 | | disaster and intended for disaster response or recovery shall |
12 | | be deposited into the Disaster Response and Recovery Fund and |
13 | | used for disaster response and recovery pursuant to the |
14 | | Disaster Relief Act. |
15 | | (i) The Illinois Emergency Management Agency may by rule |
16 | | assess and collect reasonable fees for attendance at |
17 | | Agency-sponsored conferences to enable the Agency to carry out |
18 | | the requirements of this Act. Any moneys received under this |
19 | | subsection shall be deposited in the Emergency Planning and |
20 | | Training Fund and used by the Agency, subject to |
21 | | appropriation, for planning and training activities. |
22 | | (j) The Illinois Emergency Management Agency is authorized |
23 | | to make grants to other State agencies, public universities, |
24 | | units of local government, and statewide mutual aid |
25 | | organizations to enhance statewide emergency preparedness and |
26 | | response. |
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1 | | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; |
2 | | 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff. |
3 | | 1-1-24 .)
|
4 | | Section 3-15. The State Finance Act is amended by changing |
5 | | Section 6z-129 as follows:
|
6 | | (30 ILCS 105/6z-129) |
7 | | Sec. 6z-129. Horse Racing Purse Equity Fund. The Horse |
8 | | Racing Purse Equity Fund is a nonappropriated trust fund held |
9 | | outside of the State treasury. Within 30 calendar days after |
10 | | funds are deposited in the Horse Racing Purse Equity Fund and |
11 | | the applicable grant agreement is executed, whichever is |
12 | | later, the Department of Agriculture shall transfer the entire |
13 | | balance in the Fund to the organization licensees that hold |
14 | | purse moneys that support each of the legally recognized |
15 | | horsemen's associations that have contracted with an |
16 | | organization licensee over the immediately preceding 3 |
17 | | calendar years under subsection (d) of Section 29 of the |
18 | | Illinois Horse Racing Act of 1975. The 2024 2023 division of |
19 | | such fund balance among the qualifying purse accounts shall be |
20 | | pursuant to the 2021 agreement of the involved horsemen |
21 | | associations with 45% being allocated to the thoroughbred |
22 | | purse account at a racetrack located in Stickney Township in |
23 | | Cook County, 30% being allocated to the harness purse account |
24 | | at a racetrack located in Stickney Township in Cook County, |
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1 | | and 25% being allocated to the thoroughbred purse account at a |
2 | | racetrack located in Madison County. Transfers may be made to |
3 | | an organization licensee that has one or more executed grant |
4 | | agreements while the other organization licensee awaits |
5 | | finalization and execution of its grant agreement or |
6 | | agreements. All funds transferred to purse accounts pursuant |
7 | | to this Section shall be for the sole purpose of augmenting |
8 | | future purses during State fiscal year 2025 2024 . For purposes |
9 | | of this Section, a legally recognized horsemen association is |
10 | | that horsemen association representing the largest number of |
11 | | owners, trainers, jockeys or Standardbred drivers who race |
12 | | horses at an Illinois organization licensee and that enter |
13 | | into agreements with Illinois organization licenses to govern |
14 | | the racing meet and that also provide required consents |
15 | | pursuant to the Illinois Horse Racing Act of 1975. |
16 | | (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.)
|
17 | | Section 3-20. The Illinois Estate and Generation-Skipping |
18 | | Transfer Tax Act is amended by changing Section 16 as follows:
|
19 | | (35 ILCS 405/16) (from Ch. 120, par. 405A-16) |
20 | | Sec. 16. Duty of Attorney General; failure to pay tax; |
21 | | proceedings. |
22 | | (a) Duty of the Attorney General. It is the duty of the |
23 | | Attorney General to exercise general supervision over the |
24 | | assessment and collection of the tax provided in this Act, and |
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1 | | in the discharge of that duty, the Attorney General may |
2 | | prescribe rules and regulations as are deemed necessary and |
3 | | may institute and prosecute suits and proceedings as may be |
4 | | necessary and proper, appearing therein for that purpose; and |
5 | | it shall be the duty of the several State's Attorneys to render |
6 | | assistance when requested by the Attorney General to do so. |
7 | | The Attorney General shall determine and assess the tax as |
8 | | provided for in this Act. |
9 | | (b) Disclosure of federal return information. When receipt |
10 | | of estate tax information from the Internal Revenue Service |
11 | | under the Agreement on Coordination of Tax Administration |
12 | | between the Internal Revenue Service and the Attorney General |
13 | | discloses possible Illinois estate tax liability, any person |
14 | | possessing federal estate tax information shall be required to |
15 | | submit such information to the Attorney General upon request |
16 | | to enable the Attorney General to audit the return or Internal |
17 | | Revenue Service audit adjustments and to determine whether any |
18 | | tax, penalty, or interest is due the State of Illinois where |
19 | | such return information has not been filed with the Attorney |
20 | | General. A claim of confidentiality under Section 48.1 of the |
21 | | Illinois Banking Act shall not prohibit or preclude the |
22 | | dissemination of tax information required under this Section |
23 | | and shall not constitute grounds for failing or refusing to |
24 | | surrender such tax information to the Attorney General in the |
25 | | administration and enforcement of this Act. Any tax |
26 | | information submitted in compliance with this Section shall be |
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1 | | treated and afforded with the same confidentiality as a return |
2 | | filed under the Act. |
3 | | (c) The Attorney General shall submit estate tax data to |
4 | | the Commission on Government Forecasting and Accountability on |
5 | | a quarterly basis starting July 1, 2024. The Commission shall |
6 | | compile this data and publish a semi-annual report of estate |
7 | | tax collections for the period beginning July 1, 2024 and |
8 | | ending June 30, 2027, with the first report published in |
9 | | January of 2025 and subsequent reports being published every 6 |
10 | | months thereafter. Data that is required to be submitted by |
11 | | the Attorney General to the Commission and for use in the |
12 | | published reports shall be determined by the Commission. |
13 | | (Source: P.A. 91-150, eff. 7-16-99.)
|
14 | | Section 3-22. The Illinois Pension Code is amended by |
15 | | changing Sections 16-150.1 and 17-149, as follows:
|
16 | | (40 ILCS 5/16-150.1) |
17 | | Sec. 16-150.1. Return to teaching in subject shortage |
18 | | area. |
19 | | (a) As used in this Section, "eligible employment" means |
20 | | employment beginning on or after July 1, 2003 and ending no |
21 | | later than June 30, 2027 2024 , in a subject shortage area at a |
22 | | qualified school, in a position requiring certification under |
23 | | the law governing the certification of teachers. |
24 | | As used in this Section, "qualified school" means a public |
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1 | | elementary or secondary school that meets all of the following |
2 | | requirements: |
3 | | (1) At the time of hiring a retired teacher under this |
4 | | Section, the school is experiencing a shortage of teachers |
5 | | in the subject shortage area for which the teacher is |
6 | | hired. |
7 | | (2) The school district to which the school belongs |
8 | | has complied with the requirements of subsection (e), and |
9 | | the regional superintendent has certified that compliance |
10 | | to the System. |
11 | | (3) If the school district to which the school belongs |
12 | | provides group health benefits for its teachers generally, |
13 | | substantially similar health benefits are made available |
14 | | for teachers participating in the program under this |
15 | | Section, without any limitations based on pre-existing |
16 | | conditions. |
17 | | (b) An annuitant receiving a retirement annuity under this |
18 | | Article (other than a disability retirement annuity) may |
19 | | engage in eligible employment at a qualified school without |
20 | | impairing his or her retirement status or retirement annuity, |
21 | | subject to the following conditions: |
22 | | (1) the eligible employment does not begin within the |
23 | | school year during which service was terminated; |
24 | | (2) the annuitant has not received any early |
25 | | retirement incentive under Section 16-133.3, 16-133.4, or |
26 | | 16-133.5; |
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1 | | (3) if the annuitant retired before age 60 and with |
2 | | less than 34 years of service, the eligible employment |
3 | | does not begin within the year following the effective |
4 | | date of the retirement annuity; |
5 | | (4) if the annuitant retired at age 60 or above or with |
6 | | 34 or more years of service, the eligible employment does |
7 | | not begin within the 90 days following the effective date |
8 | | of the retirement annuity; and |
9 | | (5) before the eligible employment begins, the |
10 | | employer notifies the System in writing of the annuitant's |
11 | | desire to participate in the program established under |
12 | | this Section. |
13 | | (c) An annuitant engaged in eligible employment in |
14 | | accordance with subsection (b) shall be deemed a participant |
15 | | in the program established under this Section for so long as he |
16 | | or she remains employed in eligible employment. |
17 | | (d) A participant in the program established under this |
18 | | Section continues to be a retirement annuitant, rather than an |
19 | | active teacher, for all of the purposes of this Code, but shall |
20 | | be deemed an active teacher for other purposes, such as |
21 | | inclusion in a collective bargaining unit, eligibility for |
22 | | group health benefits, and compliance with the laws governing |
23 | | the employment, regulation, certification, treatment, and |
24 | | conduct of teachers. |
25 | | With respect to an annuitant's eligible employment under |
26 | | this Section, neither employee nor employer contributions |
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1 | | shall be made to the System and no additional service credit |
2 | | shall be earned. Eligible employment does not affect the |
3 | | annuitant's final average salary or the amount of the |
4 | | retirement annuity. |
5 | | (e) Before hiring a teacher under this Section, the school |
6 | | district to which the school belongs must do the following: |
7 | | (1) If the school district to which the school belongs |
8 | | has honorably dismissed, within the calendar year |
9 | | preceding the beginning of the school term for which it |
10 | | seeks to employ a retired teacher under the program |
11 | | established in this Section, any teachers who are legally |
12 | | qualified to hold positions in the subject shortage area |
13 | | and have not yet begun to receive their retirement |
14 | | annuities under this Article, the vacant positions must |
15 | | first be tendered to those teachers. |
16 | | (2) For a period of at least 90 days during the 6 |
17 | | months preceding the beginning of either the fall or |
18 | | spring term for which it seeks to employ a retired teacher |
19 | | under the program established in this Section, the school |
20 | | district must, on an ongoing basis, (i) advertise its |
21 | | vacancies in the subject shortage area in employment |
22 | | bulletins published by college and university placement |
23 | | offices located near the school; (ii) search for teachers |
24 | | legally qualified to fill those vacancies through the |
25 | | Illinois Education Job Bank; and (iii) post all vacancies |
26 | | on the school district's website and list the vacancy in |
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1 | | an online job portal or database. |
2 | | A school district replacing a teacher who is unable to |
3 | | continue employment with the school district because of |
4 | | documented illness, injury, or disability that occurred after |
5 | | being hired by a school district under this Section shall be |
6 | | exempt from the provisions of paragraph (2) for 90 school |
7 | | days. However, the school district must on an ongoing basis |
8 | | comply with items (i), (ii), and (iii) of paragraph (2). |
9 | | The school district must submit documentation of its |
10 | | compliance with this subsection to the regional |
11 | | superintendent. Upon receiving satisfactory documentation from |
12 | | the school district, the regional superintendent shall certify |
13 | | the district's compliance with this subsection to the System. |
14 | | (f) This Section applies without regard to whether the |
15 | | annuitant was in service on or after the effective date of this |
16 | | amendatory Act of the 93rd General Assembly. |
17 | | (Source: P.A. 101-49, eff. 7-12-19; 102-440, eff. 8-20-21.)
|
18 | | (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149) |
19 | | Sec. 17-149. Cancellation of pensions. |
20 | | (a) If any person receiving a disability retirement |
21 | | pension from the Fund is re-employed as a teacher by an |
22 | | Employer, the pension shall be cancelled on the date the |
23 | | re-employment begins, or on the first day of a payroll period |
24 | | for which service credit was validated, whichever is earlier. |
25 | | (b) If any person receiving a service retirement pension |
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1 | | from the Fund is re-employed as a teacher on a permanent or |
2 | | annual basis by an Employer, the pension shall be cancelled on |
3 | | the date the re-employment begins, or on the first day of a |
4 | | payroll period for which service credit was validated, |
5 | | whichever is earlier. However, subject to the limitations and |
6 | | requirements of subsection (c-5), (c-6), (c-7), or (c-10), the |
7 | | pension shall not be cancelled in the case of a service |
8 | | retirement pensioner who is re-employed on a temporary and |
9 | | non-annual basis or on an hourly basis. |
10 | | (c) If the date of re-employment on a permanent or annual |
11 | | basis occurs within 5 school months after the date of previous |
12 | | retirement, exclusive of any vacation period, the member shall |
13 | | be deemed to have been out of service only temporarily and not |
14 | | permanently retired. Such person shall be entitled to pension |
15 | | payments for the time he could have been employed as a teacher |
16 | | and received salary, but shall not be entitled to pension for |
17 | | or during the summer vacation prior to his return to service. |
18 | | When the member again retires on pension, the time of |
19 | | service and the money contributed by him during re-employment |
20 | | shall be added to the time and money previously credited. Such |
21 | | person must acquire 3 consecutive years of additional |
22 | | contributing service before he may retire again on a pension |
23 | | at a rate and under conditions other than those in force or |
24 | | attained at the time of his previous retirement. |
25 | | (c-5) For school years beginning on or after July 1, 2019 |
26 | | and before July 1, 2022, the service retirement pension shall |
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1 | | not be cancelled in the case of a service retirement pensioner |
2 | | who is re-employed as a teacher on a temporary and non-annual |
3 | | basis or on an hourly basis, so long as the person (1) does not |
4 | | work as a teacher for compensation on more than 120 days in a |
5 | | school year or (2) does not accept gross compensation for the |
6 | | re-employment in a school year in excess of (i) $30,000 or (ii) |
7 | | in the case of a person who retires with at least 5 years of |
8 | | service as a principal, an amount that is equal to the daily |
9 | | rate normally paid to retired principals multiplied by 100. |
10 | | These limitations apply only to school years that begin on or |
11 | | after July 1, 2019 and before July 1, 2022. Such re-employment |
12 | | does not require contributions, result in service credit, or |
13 | | constitute active membership in the Fund. |
14 | | The service retirement pension shall not be cancelled in |
15 | | the case of a service retirement pensioner who is re-employed |
16 | | as a teacher on a temporary and non-annual basis or on an |
17 | | hourly basis, so long as the person (1) does not work as a |
18 | | teacher for compensation on more than 100 days in a school year |
19 | | or (2) does not accept gross compensation for the |
20 | | re-employment in a school year in excess of (i) $30,000 or (ii) |
21 | | in the case of a person who retires with at least 5 years of |
22 | | service as a principal, an amount that is equal to the daily |
23 | | rate normally paid to retired principals multiplied by 100. |
24 | | These limitations apply only to school years that begin on or |
25 | | after August 8, 2012 (the effective date of Public Act 97-912) |
26 | | and before July 1, 2019. Such re-employment does not require |
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1 | | contributions, result in service credit, or constitute active |
2 | | membership in the Fund. |
3 | | Notwithstanding the 120-day limit set forth in item (1) of |
4 | | this subsection (c-5), the service retirement pension shall |
5 | | not be cancelled in the case of a service retirement pensioner |
6 | | who teaches only driver education courses after regular school |
7 | | hours and does not teach any other subject area, so long as the |
8 | | person does not work as a teacher for compensation for more |
9 | | than 900 hours in a school year. The $30,000 limit set forth in |
10 | | subitem (i) of item (2) of this subsection (c-5) shall apply to |
11 | | a service retirement pensioner who teaches only driver |
12 | | education courses after regular school hours and does not |
13 | | teach any other subject area. |
14 | | To be eligible for such re-employment without cancellation |
15 | | of pension, the pensioner must notify the Fund and the Board of |
16 | | Education of his or her intention to accept re-employment |
17 | | under this subsection (c-5) before beginning that |
18 | | re-employment (or if the re-employment began before August 8, |
19 | | 2012 (the effective date of Public Act 97-912), then within 30 |
20 | | days after that effective date). |
21 | | An Employer must certify to the Fund the temporary and |
22 | | non-annual or hourly status and the compensation of each |
23 | | pensioner re-employed under this subsection at least |
24 | | quarterly, and when the pensioner is approaching the earnings |
25 | | limitation under this subsection. |
26 | | If the pensioner works more than 100 days or accepts |
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1 | | excess gross compensation for such re-employment in any school |
2 | | year that begins on or after August 8, 2012 (the effective date |
3 | | of Public Act 97-912), the service retirement pension shall |
4 | | thereupon be cancelled. |
5 | | If the pensioner who only teaches drivers education |
6 | | courses after regular school hours works more than 900 hours |
7 | | or accepts excess gross compensation for such re-employment in |
8 | | any school year that begins on or after August 12, 2016 (the |
9 | | effective date of Public Act 99-786), the service retirement |
10 | | pension shall thereupon be cancelled. |
11 | | If the pensioner works more than 120 days or accepts |
12 | | excess gross compensation for such re-employment in any school |
13 | | year that begins on or after July 1, 2019, the service |
14 | | retirement pension shall thereupon be cancelled. |
15 | | The Board of the Fund shall adopt rules for the |
16 | | implementation and administration of this subsection. |
17 | | (c-6) For school years beginning on or after July 1, 2022 |
18 | | and before July 1, 2027 2024 , the service retirement pension |
19 | | shall not be cancelled in the case of a service retirement |
20 | | pensioner who is re-employed as a teacher or an administrator |
21 | | on a temporary and non-annual basis or on an hourly basis, so |
22 | | long as the person does not work as a teacher or an |
23 | | administrator for compensation on more than 140 days in a |
24 | | school year. Such re-employment does not require |
25 | | contributions, result in service credit, or constitute active |
26 | | membership in the Fund. |
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1 | | (c-7) For school years beginning on or after July 1, 2027 |
2 | | 2024 , the service retirement pension shall not be cancelled in |
3 | | the case of a service retirement pensioner who is re-employed |
4 | | as a teacher or an administrator on a temporary and non-annual |
5 | | basis or on an hourly basis, so long as the person does not |
6 | | work as a teacher or an administrator for compensation on more |
7 | | than 120 days in a school year. Such re-employment does not |
8 | | require contributions, result in service credit, or constitute |
9 | | active membership in the Fund. |
10 | | (c-10) Until June 30, 2027 2024 , the service retirement |
11 | | pension of a service retirement pensioner shall not be |
12 | | cancelled if the service retirement pensioner is employed in a |
13 | | subject shortage area and the Employer that is employing the |
14 | | service retirement pensioner meets the following requirements: |
15 | | (1) If the Employer has honorably dismissed, within |
16 | | the calendar year preceding the beginning of the school |
17 | | term for which it seeks to employ a service retirement |
18 | | pensioner under this subsection, any teachers who are |
19 | | legally qualified to hold positions in the subject |
20 | | shortage area and have not yet begun to receive their |
21 | | service retirement pensions under this Article, the vacant |
22 | | positions must first be tendered to those teachers. |
23 | | (2) For a period of at least 90 days during the 6 |
24 | | months preceding the beginning of either the fall or |
25 | | spring term for which it seeks to employ a service |
26 | | retirement pensioner under this subsection, the Employer |
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1 | | must, on an ongoing basis, (i) advertise its vacancies in |
2 | | the subject shortage area in employment bulletins |
3 | | published by college and university placement offices |
4 | | located near the school; (ii) search for teachers legally |
5 | | qualified to fill those vacancies through the Illinois |
6 | | Education Job Bank; and (iii) post all vacancies on the |
7 | | Employer's website and list the vacancy in an online job |
8 | | portal or database. |
9 | | An Employer of a teacher who is unable to continue |
10 | | employment with the Employer because of documented illness, |
11 | | injury, or disability that occurred after being hired by the |
12 | | Employer under this subsection is exempt from the provisions |
13 | | of paragraph (2) for 90 school days. However, the Employer |
14 | | must on an ongoing basis comply with items (i), (ii), and (iii) |
15 | | of paragraph (2). |
16 | | The Employer must submit documentation of its compliance |
17 | | with this subsection to the regional superintendent. Upon |
18 | | receiving satisfactory documentation from the Employer, the |
19 | | regional superintendent shall certify the Employer's |
20 | | compliance with this subsection to the Fund. |
21 | | (d) Notwithstanding Sections 1-103.1 and 17-157, the |
22 | | changes to this Section made by Public Act 90-32 apply without |
23 | | regard to whether termination of service occurred before the |
24 | | effective date of that Act and apply retroactively to August |
25 | | 23, 1989. |
26 | | Notwithstanding Sections 1-103.1 and 17-157, the changes |
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1 | | to this Section and Section 17-106 made by Public Act 92-599 |
2 | | apply without regard to whether termination of service |
3 | | occurred before June 28, 2002 (the effective date of Public |
4 | | Act 92-599). |
5 | | Notwithstanding Sections 1-103.1 and 17-157, the changes |
6 | | to this Section made by Public Act 97-912 apply without regard |
7 | | to whether termination of service occurred before August 8, |
8 | | 2012 (the effective date of Public Act 97-912). |
9 | | (Source: P.A. 102-1013, eff. 5-27-22; 102-1090, eff. 6-10-22; |
10 | | 103-154, eff. 6-30-23.)
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11 | | Section 3-25. The Law Enforcement Camera Grant Act is |
12 | | amended by changing Section 10 as follows:
|
13 | | (50 ILCS 707/10) |
14 | | Sec. 10. Law Enforcement Camera Grant Fund; creation, |
15 | | rules. |
16 | | (a) The Law Enforcement Camera Grant Fund is created as a |
17 | | special fund in the State treasury. From appropriations to the |
18 | | Board from the Fund, the Board must make grants to units of |
19 | | local government in Illinois and Illinois public universities |
20 | | for the purpose of (1) purchasing or leasing in-car video |
21 | | cameras for use in law enforcement vehicles, (2) purchasing or |
22 | | leasing officer-worn body cameras and associated technology |
23 | | for law enforcement officers, and (3) training for law |
24 | | enforcement officers in the operation of the cameras. Grants |
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1 | | under this Section may be used to offset data storage and |
2 | | related licensing costs for officer-worn body cameras. For the |
3 | | purposes of this Section, "purchasing or leasing" includes |
4 | | providing funding to units of local government in advance that |
5 | | can be used to obtain this equipment rather than only for |
6 | | reimbursement of purchased equipment. |
7 | | Moneys received for the purposes of this Section, |
8 | | including, without limitation, fee receipts and gifts, grants, |
9 | | and awards from any public or private entity, must be |
10 | | deposited into the Fund. Any interest earned on moneys in the |
11 | | Fund must be deposited into the Fund. |
12 | | (b) The Board may set requirements for the distribution of |
13 | | grant moneys and determine which law enforcement agencies are |
14 | | eligible. |
15 | | (b-5) The Board shall consider compliance with the Uniform |
16 | | Crime Reporting Act as a factor in awarding grant moneys. |
17 | | (c) (Blank). |
18 | | (d) (Blank). |
19 | | (e) (Blank). |
20 | | (f) (Blank). |
21 | | (g) (Blank). |
22 | | (h) (Blank). |
23 | | (Source: P.A. 102-16, eff. 6-17-21; 102-1104, eff. 12-6-22.)
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24 | | Section 3-27. The Illinois Library System Act is amended |
25 | | by changing Section 8 as follows:
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1 | | (75 ILCS 10/8) (from Ch. 81, par. 118) |
2 | | Sec. 8. State grants. |
3 | | (a) There shall be a program of State grants within the |
4 | | limitations of funds appropriated by the Illinois General |
5 | | Assembly together with other funds made available by the |
6 | | federal government or other sources for this purpose. This |
7 | | program of State grants shall be administered by the State |
8 | | Librarian in accordance with rules and regulations as provided |
9 | | in Section 3 of this Act and shall include the following: (i) |
10 | | annual equalization grants; (ii) Library System grants; (iii) |
11 | | per capita grants to public libraries; and (iv) planning and |
12 | | construction grants to public libraries and library systems. |
13 | | Libraries, in order to be eligible for grants under this |
14 | | Section, must be members of a library system. |
15 | | (b) An annual equalization grant shall be made to all |
16 | | public libraries for which the corporate authorities levy a |
17 | | tax for library purposes at a rate not less than .13% of the |
18 | | value of all the taxable property as equalized and assessed by |
19 | | the Department of Revenue if the amount of tax revenue |
20 | | obtained from a rate of .13% produces less than $17.50 per |
21 | | capita in property tax revenue from property taxes for Fiscal |
22 | | Year 2025 (i) $4.25 per capita in property tax revenue from |
23 | | property taxes for the 2006 taxable year payable in 2007 and |
24 | | (ii) $7.50 per capita in property tax revenue from property |
25 | | taxes for the 2007 taxable year and thereafter. In that case, |
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1 | | the State Librarian is authorized to make an equalization |
2 | | grant equivalent to the difference between the amount obtained |
3 | | from a rate of .13% and an annual income of $17.50 per capita |
4 | | for grants made in Fiscal Year 2025 $4.25 per capita for grants |
5 | | made through Fiscal Year 2008, and an annual income of $7.50 |
6 | | per capita for grants made in Fiscal Year 2009 and thereafter. |
7 | | If moneys appropriated for grants under this Section are not |
8 | | sufficient, then the State Librarian shall reduce the per |
9 | | capita amount of the grants so that the qualifying public |
10 | | libraries receive the same amount per capita, but in no event |
11 | | shall the grant be less than equivalent to the difference |
12 | | between the amount of the tax revenue obtained from the |
13 | | current levy and an annual income of $4.25 per capita. If a |
14 | | library receiving an equalization grant reduces its tax levy |
15 | | below the amount levied at the time the original application |
16 | | is approved, it shall be ineligible to receive further |
17 | | equalization grants. |
18 | | If a library is subject to the Property Tax Extension |
19 | | Limitation Law in the Property Tax Code and its tax levy for |
20 | | library purposes has been lowered to a rate of less than .13%, |
21 | | the library will qualify for this grant if the library levied a |
22 | | tax for library purposes that met the requirements for this |
23 | | grant in the previous year and if the tax levied for library |
24 | | purposes in the current year produces tax revenue for the |
25 | | library that is an increase over the previous year's extension |
26 | | of 5% or the percentage increase in the Consumer Price Index, |
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1 | | whichever is less, and the tax revenue produced by this levy is |
2 | | less than $17.50 per capita in property tax revenue from |
3 | | property taxes for the Fiscal Year 2025 (i) $4.25 per capita in |
4 | | property tax revenue from property taxes for the 2006 taxable |
5 | | year payable in 2007 and (ii) $7.50 per capita in property tax |
6 | | revenue from property taxes for the 2007 taxable year and |
7 | | thereafter. In this case, the State Librarian is authorized to |
8 | | make an equalization grant equivalent to the difference |
9 | | between the amount of tax revenue obtained from the current |
10 | | levy and an annual income of $17.50 per capita for grants made |
11 | | in Fiscal Year 2025 $4.25 per capita for grants made through |
12 | | Fiscal Year 2008, and an annual income of $7.50 per capita for |
13 | | grants made in Fiscal Year 2009 and thereafter. If moneys |
14 | | appropriated for grants under this Section are not sufficient, |
15 | | then the State Librarian shall reduce the per capita amount of |
16 | | the grants so that the qualifying public libraries receive the |
17 | | same amount per capita, but in no event shall the grant be less |
18 | | than equivalent to the difference between the amount of the |
19 | | tax revenue obtained from the current levy and an annual |
20 | | income of $4.25 per capita. If a library receiving an |
21 | | equalization grant reduces its tax levy below the amount |
22 | | levied at the time the original application is approved, it |
23 | | shall be ineligible to receive further equalization grants. |
24 | | (c) Annual Library System grants shall be made, upon |
25 | | application, to each library system approved by the State |
26 | | Librarian on the following basis: |
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1 | | (1) For library systems, the sum of $1.46 per capita |
2 | | of the population of the area served plus the sum of $50.75 |
3 | | per square mile or fraction thereof of the area served |
4 | | except as provided in paragraph (4) of this subsection. |
5 | | (2) If the amounts appropriated for grants are |
6 | | different from the amount provided for in paragraph (1) of |
7 | | this subsection, the area and per capita funding shall be |
8 | | proportionately reduced or increased accordingly. |
9 | | (3) For library systems, additional funds may be |
10 | | appropriated. The appropriation shall be distributed on |
11 | | the same proportional per capita and per square mile basis |
12 | | as provided in paragraphs (1) and (4) of this subsection. |
13 | | (4) Per capita and area funding for a multitype |
14 | | library system as defined in subparagraph (3) of the |
15 | | definition of "library system" in Section 2 and a public |
16 | | library system in cities with a population of 500,000 or |
17 | | more as defined in subparagraph (2) of the definition of |
18 | | "library system" in Section 2 shall be apportioned with |
19 | | 25% of the funding granted to the multitype library system |
20 | | and 75% of the funding granted to the public library |
21 | | system. |
22 | | (d) The "area served" for the purposes of making and |
23 | | expending annual Library System grants means the area that |
24 | | lies within the geographic boundaries of the library system as |
25 | | approved by the State Librarian, except that grant funding |
26 | | awarded to a library system may also be expended for the |
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1 | | provision of services to members of other library systems if |
2 | | such an expenditure is included in a library system's plan of |
3 | | service and is approved by the State Librarian. In determining |
4 | | the population of the area served by the library system, the |
5 | | Illinois State Library shall use the latest federal census for |
6 | | the political subdivisions in the area served. |
7 | | (e) In order to be eligible for a grant under this Section, |
8 | | the corporate authorities, instead of a tax levy at a |
9 | | particular rate, may provide an amount equivalent to the |
10 | | amount produced by that levy. |
11 | | (Source: P.A. 99-186, eff. 7-29-15.)
|
12 | | Section 3-30. The School Code is amended by changing |
13 | | Section 29-5 as follows:
|
14 | | (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) |
15 | | Sec. 29-5. Reimbursement by State for transportation. Any |
16 | | school district or State-authorized charter school , |
17 | | maintaining a school, transporting resident pupils to another |
18 | | school district's vocational program, offered through a joint |
19 | | agreement approved by the State Board of Education, as |
20 | | provided in Section 10-22.22 or transporting its resident |
21 | | pupils to a school which meets the standards for recognition |
22 | | as established by the State Board of Education which provides |
23 | | transportation meeting the standards of safety, comfort, |
24 | | convenience, efficiency and operation prescribed by the State |
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1 | | Board of Education for resident pupils in kindergarten or any |
2 | | of grades 1 through 12 who: (a) reside at least 1 1/2 miles as |
3 | | measured by the customary route of travel, from the school |
4 | | attended; or (b) reside in areas where conditions are such |
5 | | that walking constitutes a hazard to the safety of the child |
6 | | when determined under Section 29-3; and (c) are transported to |
7 | | the school attended from pick-up points at the beginning of |
8 | | the school day and back again at the close of the school day or |
9 | | transported to and from their assigned attendance centers |
10 | | during the school day , shall be reimbursed by the State as |
11 | | hereinafter provided in this Section. |
12 | | The State will pay the prorated allowable cost of |
13 | | transporting eligible pupils less the real equalized assessed |
14 | | valuation as computed under paragraph (3) of subsection (d) of |
15 | | Section 18-8.15 in a dual school district maintaining |
16 | | secondary grades 9 to 12 inclusive times a qualifying rate of |
17 | | .05%; in elementary school districts maintaining grades K to 8 |
18 | | times a qualifying rate of .06%; and in unit districts |
19 | | maintaining grades K to 12, including partial elementary unit |
20 | | districts formed pursuant to Article 11E, times a qualifying |
21 | | rate of .07%. For a State-authorized charter school, the State |
22 | | shall pay the prorated allowable cost of transporting eligible |
23 | | pupils less a real equalized assessed valuation calculated |
24 | | pursuant to this Section times a qualifying rate. For purposes |
25 | | of calculating the real equalized assessed valuation for a |
26 | | State-authorized charter school whose resident district is not |
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1 | | a school district organized under Article 34 of this Code, the |
2 | | State Board of Education shall calculate the average of the |
3 | | number of students in grades kindergarten through 12 reported |
4 | | as enrolled in the charter school in the State Board's Student |
5 | | Information System on October 1 and March 1 of the immediately |
6 | | preceding school year. That value shall be divided by the |
7 | | average of the number of students in grades kindergarten |
8 | | through 12 reported as enrolled in the charter school's |
9 | | resident district on October 1 and March 1 of the immediately |
10 | | preceding school year. That proportion shall be multiplied by |
11 | | the real equalized assessed valuation as computed under |
12 | | paragraph (3) of subsection (d) of Section 18-8.15 for each |
13 | | State-authorized charter school's applicable resident |
14 | | district. A State-authorized charter school whose resident |
15 | | district is organized under Article 34 of this Code shall have |
16 | | a real equalized assessed valuation equal to the real |
17 | | equalized assessed valuation of its resident district as |
18 | | computed under paragraph (3) of subsection (d) of Section |
19 | | 18-8.15. A State-authorized charter school's qualifying rate |
20 | | shall be the same as the rate that applies to the charter |
21 | | school's resident district. |
22 | | To be eligible to receive reimbursement in excess of 4/5 |
23 | | of the cost to transport eligible pupils, a school district or |
24 | | partial elementary unit district formed pursuant to Article |
25 | | 11E shall have a Transportation Fund tax rate of at least .12%. |
26 | | The Transportation Fund tax rate for a partial elementary unit |
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1 | | district formed pursuant Article 11E shall be the combined |
2 | | elementary and high school rates pursuant to paragraph (4) of |
3 | | subsection (a) of Section 18-8.15. |
4 | | If a school district or partial elementary unit district |
5 | | formed pursuant to Article 11E does not have a .12% |
6 | | Transportation Fund tax rate, the amount of its claim in |
7 | | excess of 4/5 of the cost of transporting pupils shall be |
8 | | reduced by the sum arrived at by subtracting the |
9 | | Transportation Fund tax rate from .12% and multiplying that |
10 | | amount by the district's real equalized assessed valuation as |
11 | | computed under paragraph (3) of subsection (d) of Section |
12 | | 18-8.15, provided that in no case shall said reduction result |
13 | | in reimbursement of less than 4/5 of the cost to transport |
14 | | eligible pupils. No such adjustment may be applied to a claim |
15 | | filed by a State-authorized charter school. |
16 | | Subject to the calculation of equalized assessed |
17 | | valuation, an adjustment for an insufficient tax rate, and the |
18 | | use of a qualifying rate as provided in this Section, a |
19 | | State-authorized charter school may make a claim for |
20 | | reimbursement by the State that is calculated in the same |
21 | | manner as a school district. |
22 | | The minimum amount to be received by a district is $16 |
23 | | times the number of eligible pupils transported. |
24 | | When calculating the reimbursement for transportation |
25 | | costs, the State Board of Education may not deduct the number |
26 | | of pupils enrolled in early education programs from the number |
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1 | | of pupils eligible for reimbursement if the pupils enrolled in |
2 | | the early education programs are transported at the same time |
3 | | as other eligible pupils. |
4 | | Any such district transporting resident pupils during the |
5 | | school day to an area vocational school or another school |
6 | | district's vocational program more than 1 1/2 miles from the |
7 | | school attended, as provided in Sections 10-22.20a and |
8 | | 10-22.22, shall be reimbursed by the State for 4/5 of the cost |
9 | | of transporting eligible pupils. |
10 | | School day means that period of time during which the |
11 | | pupil is required to be in attendance for instructional |
12 | | purposes. |
13 | | If a pupil is at a location within the school district |
14 | | other than his residence for child care purposes at the time |
15 | | for transportation to school, that location may be considered |
16 | | for purposes of determining the 1 1/2 miles from the school |
17 | | attended. |
18 | | Claims for reimbursement that include children who attend |
19 | | any school other than a public school shall show the number of |
20 | | such children transported. |
21 | | Claims for reimbursement under this Section shall not be |
22 | | paid for the transportation of pupils for whom transportation |
23 | | costs are claimed for payment under other Sections of this |
24 | | Act. |
25 | | The allowable direct cost of transporting pupils for |
26 | | regular, vocational, and special education pupil |
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1 | | transportation shall be limited to the sum of the cost of |
2 | | physical examinations required for employment as a school bus |
3 | | driver; the salaries of full-time or part-time drivers and |
4 | | school bus maintenance personnel; employee benefits excluding |
5 | | Illinois municipal retirement payments, social security |
6 | | payments, unemployment insurance payments and workers' |
7 | | compensation insurance premiums; expenditures to independent |
8 | | carriers who operate school buses; payments to other school |
9 | | districts for pupil transportation services; pre-approved |
10 | | contractual expenditures for computerized bus scheduling; |
11 | | expenditures for housing assistance and homeless prevention |
12 | | under Sections 1-17 and 1-18 of the Education for Homeless |
13 | | Children Act that are not in excess of the school district's |
14 | | actual costs for providing transportation services and are not |
15 | | otherwise claimed in another State or federal grant that |
16 | | permits those costs to a parent, a legal guardian, any other |
17 | | person who enrolled a pupil, or a homeless assistance agency |
18 | | that is part of the federal McKinney-Vento Homeless Assistance |
19 | | Act's continuum of care for the area in which the district is |
20 | | located; the cost of gasoline, oil, tires, and other supplies |
21 | | necessary for the operation of school buses; the cost of |
22 | | converting buses' gasoline engines to more fuel efficient |
23 | | engines or to engines which use alternative energy sources; |
24 | | the cost of travel to meetings and workshops conducted by the |
25 | | regional superintendent or the State Superintendent of |
26 | | Education pursuant to the standards established by the |
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1 | | Secretary of State under Section 6-106 of the Illinois Vehicle |
2 | | Code to improve the driving skills of school bus drivers; the |
3 | | cost of maintenance of school buses including parts and |
4 | | materials used; expenditures for leasing transportation |
5 | | vehicles, except interest and service charges; the cost of |
6 | | insurance and licenses for transportation vehicles; |
7 | | expenditures for the rental of transportation equipment; plus |
8 | | a depreciation allowance of 20% for 5 years for school buses |
9 | | and vehicles approved for transporting pupils to and from |
10 | | school and a depreciation allowance of 10% for 10 years for |
11 | | other transportation equipment so used. Each school year, if a |
12 | | school district has made expenditures to the Regional |
13 | | Transportation Authority or any of its service boards, a mass |
14 | | transit district, or an urban transportation district under an |
15 | | intergovernmental agreement with the district to provide for |
16 | | the transportation of pupils and if the public transit carrier |
17 | | received direct payment for services or passes from a school |
18 | | district within its service area during the 2000-2001 school |
19 | | year, then the allowable direct cost of transporting pupils |
20 | | for regular, vocational, and special education pupil |
21 | | transportation shall also include the expenditures that the |
22 | | district has made to the public transit carrier. In addition |
23 | | to the above allowable costs, school districts shall also |
24 | | claim all transportation supervisory salary costs, including |
25 | | Illinois municipal retirement payments, and all transportation |
26 | | related building and building maintenance costs without |
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1 | | limitation. |
2 | | Special education allowable costs shall also include |
3 | | expenditures for the salaries of attendants or aides for that |
4 | | portion of the time they assist special education pupils while |
5 | | in transit and expenditures for parents and public carriers |
6 | | for transporting special education pupils when pre-approved by |
7 | | the State Superintendent of Education. |
8 | | Indirect costs shall be included in the reimbursement |
9 | | claim for districts which own and operate their own school |
10 | | buses. Such indirect costs shall include administrative costs, |
11 | | or any costs attributable to transporting pupils from their |
12 | | attendance centers to another school building for |
13 | | instructional purposes. No school district which owns and |
14 | | operates its own school buses may claim reimbursement for |
15 | | indirect costs which exceed 5% of the total allowable direct |
16 | | costs for pupil transportation. |
17 | | The State Board of Education shall prescribe uniform |
18 | | regulations for determining the above standards and shall |
19 | | prescribe forms of cost accounting and standards of |
20 | | determining reasonable depreciation. Such depreciation shall |
21 | | include the cost of equipping school buses with the safety |
22 | | features required by law or by the rules, regulations and |
23 | | standards promulgated by the State Board of Education, and the |
24 | | Department of Transportation for the safety and construction |
25 | | of school buses provided, however, any equipment cost |
26 | | reimbursed by the Department of Transportation for equipping |
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1 | | school buses with such safety equipment shall be deducted from |
2 | | the allowable cost in the computation of reimbursement under |
3 | | this Section in the same percentage as the cost of the |
4 | | equipment is depreciated. |
5 | | On or before August 15, annually, the chief school |
6 | | administrator for the district shall certify to the State |
7 | | Superintendent of Education the district's claim for |
8 | | reimbursement for the school year ending on June 30 next |
9 | | preceding. The State Superintendent of Education shall check |
10 | | and approve the claims and prepare the vouchers showing the |
11 | | amounts due for district reimbursement claims. Each fiscal |
12 | | year, the State Superintendent of Education shall prepare and |
13 | | transmit the first 3 vouchers to the Comptroller on the 30th |
14 | | day of September, December and March, respectively, and the |
15 | | final voucher, no later than June 20. |
16 | | If the amount appropriated for transportation |
17 | | reimbursement is insufficient to fund total claims for any |
18 | | fiscal year, the State Board of Education shall reduce each |
19 | | school district's allowable costs and flat grant amount |
20 | | proportionately to make total adjusted claims equal the total |
21 | | amount appropriated. |
22 | | For purposes of calculating claims for reimbursement under |
23 | | this Section for any school year beginning July 1, 2016, the |
24 | | equalized assessed valuation for a school district or partial |
25 | | elementary unit district formed pursuant to Article 11E used |
26 | | to compute reimbursement shall be the real equalized assessed |
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1 | | valuation as computed under paragraph (3) of subsection (d) of |
2 | | Section 18-8.15. |
3 | | All reimbursements received from the State shall be |
4 | | deposited into the district's transportation fund or into the |
5 | | fund from which the allowable expenditures were made. |
6 | | Notwithstanding any other provision of law, any school |
7 | | district receiving a payment under this Section or under |
8 | | Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may |
9 | | classify all or a portion of the funds that it receives in a |
10 | | particular fiscal year or from State aid pursuant to Section |
11 | | 18-8.15 of this Code as funds received in connection with any |
12 | | funding program for which it is entitled to receive funds from |
13 | | the State in that fiscal year (including, without limitation, |
14 | | any funding program referenced in this Section), regardless of |
15 | | the source or timing of the receipt. The district may not |
16 | | classify more funds as funds received in connection with the |
17 | | funding program than the district is entitled to receive in |
18 | | that fiscal year for that program. Any classification by a |
19 | | district must be made by a resolution of its board of |
20 | | education. The resolution must identify the amount of any |
21 | | payments or general State aid to be classified under this |
22 | | paragraph and must specify the funding program to which the |
23 | | funds are to be treated as received in connection therewith. |
24 | | This resolution is controlling as to the classification of |
25 | | funds referenced therein. A certified copy of the resolution |
26 | | must be sent to the State Superintendent of Education. The |
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1 | | resolution shall still take effect even though a copy of the |
2 | | resolution has not been sent to the State Superintendent of |
3 | | Education in a timely manner. No classification under this |
4 | | paragraph by a district shall affect the total amount or |
5 | | timing of money the district is entitled to receive under this |
6 | | Code. No classification under this paragraph by a district |
7 | | shall in any way relieve the district from or affect any |
8 | | requirements that otherwise would apply with respect to that |
9 | | funding program, including any accounting of funds by source, |
10 | | reporting expenditures by original source and purpose, |
11 | | reporting requirements, or requirements of providing services. |
12 | | Any school district with a population of not more than |
13 | | 500,000 must deposit all funds received under this Article |
14 | | into the transportation fund and use those funds for the |
15 | | provision of transportation services. |
16 | | (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
17 | | Section 3-35. The Early Childhood Access Consortium for |
18 | | Equity Act is amended by changing Sections 15, 20, 25, and 30 |
19 | | as follows:
|
20 | | (110 ILCS 28/15) |
21 | | Sec. 15. Creation of Consortium; purpose; administrative |
22 | | support. |
23 | | (a) The Board of Higher Education and the Illinois |
24 | | Community College Board shall create and establish the Early |
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1 | | Childhood Access Consortium for Equity. |
2 | | (b) The purpose of the Consortium is to serve the needs of |
3 | | the incumbent early childhood workforce and the employers of |
4 | | early childhood educators and to advance racial equity while |
5 | | meeting the needs of employers by streamlining, coordinating, |
6 | | and improving the accessibility of degree completion pathways |
7 | | for upskilling and the sustained expansion of educational |
8 | | pipelines at Illinois institutions of higher education. |
9 | | (c) The Board of Higher Education and the Illinois |
10 | | Community College Board shall convene the member institutions |
11 | | by July 1, 2021 or within 60 days after the effective date of |
12 | | this amendatory Act of the 102nd General Assembly. The Board |
13 | | of Higher Education and the Illinois Community College Board |
14 | | shall provide administrative support for the start up and |
15 | | operation of the Consortium until a permanent governance |
16 | | structure is developed and implemented. The Board of Higher |
17 | | Education and the Illinois Community College Board shall work |
18 | | with member institutions to establish geographic regional |
19 | | hubs, including public universities and the proximate |
20 | | community colleges responsible for serving each regional hub. |
21 | | (Source: P.A. 102-174, eff. 7-28-21.)
|
22 | | (110 ILCS 28/20) |
23 | | Sec. 20. Membership; functions. |
24 | | (a) Membership in the Consortium shall include all public |
25 | | universities and community colleges in this State that offer |
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1 | | early childhood programs. Membership by private, |
2 | | not-for-profit universities is optional and conditional on the |
3 | | acceptance of the terms adopted by the public members, the |
4 | | related administrative rules, and the provisions of this Act. |
5 | | For-profit institutions of higher education are not eligible |
6 | | for membership in the Consortium. Participating institutions |
7 | | must be accredited by the Higher Learning Commission and |
8 | | entitled to offer Gateways Credentials. |
9 | | (b) The members of the Consortium shall operate jointly |
10 | | and in cooperation through regional hubs to provide |
11 | | streamlined paths for students to attain associate degrees, |
12 | | bachelor's degrees, master's degrees, certificates, and |
13 | | Gateways Credentials and other licensure endorsements in early |
14 | | childhood education. The priority shall be to focus on the |
15 | | incumbent workforce, which includes working adults who require |
16 | | programs of study that offer flexibility in the times courses |
17 | | are offered, location, and format. The Consortium shall |
18 | | cooperate in all of the following: |
19 | | (1) Providing course offerings within each regional |
20 | | hub in online, hybrid, and in-person formats that are |
21 | | available to any student enrolled in a member institution |
22 | | in that hub for occasions in which a particular course is |
23 | | not available at the student's home institution. In this |
24 | | paragraph (1), "not available" may mean the course is not |
25 | | offered during a term, at a time, or in a format that works |
26 | | best for the student. Courses taken at any member |
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1 | | institution shall be accepted toward the student's degree |
2 | | at any other member institution. Course offerings across |
3 | | institutions regional hubs may also be provided by an |
4 | | agreement between Consortium members. All course |
5 | | registration shall take place in consultation with a |
6 | | student's academic advisor. |
7 | | (2) Shared responsibilities through the Consortium and |
8 | | within and across the State regional hubs to expand access |
9 | | for students. |
10 | | (3) Transfers in accordance with Section 130-10 of the |
11 | | Transitions in Education Act. |
12 | | (4) The development of standardized methods for |
13 | | awarding credit for prior learning. |
14 | | (5) The support necessary for student access, |
15 | | persistence, and completion shall be provided by the home |
16 | | institution, unless otherwise provided by agreement |
17 | | between Consortium members. |
18 | | (6) Admissions, financial arrangements, registration, |
19 | | and advising services shall be functions of the home |
20 | | institution but shall be honored across the Consortium. |
21 | | (7) Member institutions working with their regional |
22 | | pre-kindergarten through 12th grade and early childhood |
23 | | employer partners to determine demand throughout the |
24 | | region. |
25 | | (8) Data-sharing agreements. |
26 | | (9) An agreement that students enrolled in associate |
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1 | | degree programs are encouraged to complete the associate |
2 | | degree program prior to transferring to a bachelor's |
3 | | degree program. |
4 | | (10) Development of other shared agreements and terms |
5 | | necessary to implement the Consortium and its |
6 | | responsibilities. |
7 | | By January 31, 2022, the Consortium shall decide how to |
8 | | assign college credit for the incumbent workers who have a |
9 | | Child Development Associate (CDA) credential and for future |
10 | | workers obtaining a CDA. |
11 | | (c) The Consortium may facilitate or implement the |
12 | | following if deemed beneficial and feasible: |
13 | | (1) the creation of an open education resource |
14 | | library; |
15 | | (2) support and training for program coaches and |
16 | | cross-institutional navigators; and |
17 | | (3) support for the development, implementation, and |
18 | | participation in a statewide registry system through the |
19 | | Illinois Network of Child Care Resource and Referral |
20 | | Agencies (INCCRRA) to provide tracking and data |
21 | | capabilities for students across the system as they attain |
22 | | competency through coursework. |
23 | | (Source: P.A. 102-174, eff. 7-28-21.)
|
24 | | (110 ILCS 28/25) |
25 | | Sec. 25. Advisory committee; membership. |
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1 | | (a) The Board of Higher Education, the Illinois Community |
2 | | College Board, the State Board of Education, the Department of |
3 | | Human Services, and the Governor's Office of Early Childhood |
4 | | Development shall jointly convene a Consortium advisory |
5 | | committee to provide guidance on the operation of the |
6 | | Consortium. |
7 | | (b) Membership on the advisory committee shall be |
8 | | comprised of employers and experts appointed by the Board of |
9 | | Higher Education, the Illinois Community College Board, the |
10 | | Governor's Office of Early Childhood Development, and the |
11 | | State Board of Education. Membership shall also include all of |
12 | | the following members: |
13 | | (1) An employer from a community-based child care |
14 | | provider, appointed by the Governor's Office of Early |
15 | | Childhood Development. |
16 | | (2) An employer from a for-profit child care provider, |
17 | | appointed by the Governor's Office of Early Childhood |
18 | | Development. |
19 | | (3) An employer from a nonprofit child care provider, |
20 | | appointed by the Governor's Office of Early Childhood |
21 | | Development. |
22 | | (4) A provider of family child care, appointed by the |
23 | | Governor's Office of Early Childhood Development. |
24 | | (5) An employer located in southern Illinois, |
25 | | appointed by the Governor's Office of Early Childhood |
26 | | Development. |
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1 | | (6) An employer located in central Illinois, appointed |
2 | | by the Governor's Office of Early Childhood Development. |
3 | | (7) At least one member who represents an urban school |
4 | | district, appointed by the State Board of Education. |
5 | | (8) At least one member who represents a suburban |
6 | | school district, appointed by the State Board of |
7 | | Education. |
8 | | (9) At least one member who represents a rural school |
9 | | district, appointed by the State Board of Education. |
10 | | (10) At least one member who represents a school |
11 | | district in a city with a population of 500,000 or more, |
12 | | appointed by the State Board of Education. |
13 | | (11) Two early childhood advocates with statewide |
14 | | expertise in early childhood workforce issues, appointed |
15 | | by the Governor's Office of Early Childhood Development. |
16 | | (12) The Chairperson or Vice-Chairperson and the |
17 | | Minority Spokesperson or a designee of the Senate |
18 | | Committee on Higher Education. |
19 | | (13) The Chairperson or Vice-Chairperson and the |
20 | | Minority Spokesperson or a designee of the House Committee |
21 | | on Higher Education. |
22 | | (14) One member representing the Illinois Community |
23 | | College Board, who shall serve as co-chairperson, |
24 | | appointed by the Illinois Community College Board. |
25 | | (15) One member representing the Board of Higher |
26 | | Education, who shall serve as co-chairperson, appointed by |
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1 | | the Board of Higher Education. |
2 | | (16) One member representing the Illinois Student |
3 | | Assistance Commission, appointed by the Illinois Student |
4 | | Assistance Commission Board of Higher Education . |
5 | | (17) One member representing the State Board of |
6 | | Education, who shall serve as co-chairperson, appointed by |
7 | | the State Board of Education. |
8 | | (18) One member representing the Governor's Office of |
9 | | Early Childhood Development, who shall serve as |
10 | | co-chairperson, appointed by the Governor's Office of |
11 | | Early Childhood Development. |
12 | | (19) One member representing the Department of Human |
13 | | Services, who shall serve as co-chairperson, appointed by |
14 | | the Governor's Office of Early Childhood Development. |
15 | | (20) One member representing INCCRRA, appointed by the |
16 | | Governor's Office of Early Childhood Development. |
17 | | (21) One member representing the Department of |
18 | | Children and Family Services, appointed by the Governor's |
19 | | Office of Early Childhood Development. |
20 | | (22) One member representing an organization that |
21 | | advocates on behalf of community college trustees, |
22 | | appointed by the Illinois Community College Board. |
23 | | (23) One member of a union representing child care and |
24 | | early childhood providers, appointed by the Governor's |
25 | | Office of Early Childhood Development. |
26 | | (24) Two members of unions representing higher |
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1 | | education faculty, appointed by the Board of Higher |
2 | | Education. |
3 | | (25) A representative from the College of Education of |
4 | | an urban public university, appointed by the Board of |
5 | | Higher Education. |
6 | | (26) A representative from the College of Education of |
7 | | a suburban public university, appointed by the Board of |
8 | | Higher Education. |
9 | | (27) A representative from the College of Education of |
10 | | a rural public university, appointed by the Board of |
11 | | Higher Education. |
12 | | (28) A representative from the College of Education of |
13 | | a private university, appointed by the Board of Higher |
14 | | Education. |
15 | | (29) A representative of an urban community college, |
16 | | appointed by the Illinois Community College Board. |
17 | | (30) A representative of a suburban community college, |
18 | | appointed by the Illinois Community College Board. |
19 | | (31) A representative of rural community college, |
20 | | appointed by the Illinois Community College Board. |
21 | | (c) The advisory committee shall meet at least twice a |
22 | | year quarterly . The committee meetings shall be open to the |
23 | | public in accordance with the provisions of the Open Meetings |
24 | | Act. |
25 | | (d) Except for the co-chairpersons of the advisory |
26 | | committee, the initial terms for advisory committee members |
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1 | | after the effective date of this amendatory Act of the 103rd |
2 | | General Assembly shall be set by lottery at the first meeting |
3 | | after the effective date of this amendatory Act of the 103rd |
4 | | General Assembly as follows: |
5 | | (1) One-third of members shall serve a 1-year term. |
6 | | (2) One-third of members shall serve a 2-year term. |
7 | | (3) One-third of members shall serve a 3-year term. |
8 | | (e) The initial term of co-chairpersons of the advisory |
9 | | committee shall be for 3 years. |
10 | | (f) After the initial term, each subsequent term for the |
11 | | members of the advisory committee shall be for 3 years or until |
12 | | a successor is appointed. |
13 | | (g) The members of the advisory committee shall serve |
14 | | without compensation, but shall be entitled to reimbursement |
15 | | for all necessary expenses incurred in the performance of |
16 | | their official duties as members of the advisory committee |
17 | | from funds appropriated for that purpose. |
18 | | (Source: P.A. 102-174, eff. 7-28-21.)
|
19 | | (110 ILCS 28/30) |
20 | | Sec. 30. Reporting. The Consortium shall report to the |
21 | | General Assembly, to the Senate and House Committees with |
22 | | oversight over higher education, to the Governor, and to the |
23 | | advisory committee on the progress made by the Consortium. A |
24 | | report must include, but is not limited to, all of the |
25 | | following information: |
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1 | | (1) Student enrollment numbers by academic year for |
2 | | the fall and spring terms or semesters , retention rates, |
3 | | persistence , and completion in relevant associate, |
4 | | baccalaureate, and credential programs, including |
5 | | demographic data that is disaggregated by race, ethnicity, |
6 | | geography, higher education sector, and federal Pell Grant |
7 | | status, reported annually twice per year. Completion |
8 | | numbers and rates, employer type, and years worked shall |
9 | | be reported annually . |
10 | | (2) For students enrolled in early childhood programs, |
11 | | average assessed tuition, average Tuition rates charged |
12 | | and net price, number of students receiving student loans, |
13 | | and average loan amount prices paid, reported both as |
14 | | including and excluding student loans, by enrolled members |
15 | | of the incumbent workforce , reported annually. |
16 | | (3) Outreach plans to recruit and enroll incumbent |
17 | | workforce members, reported annually twice per year . |
18 | | (4) Participation of the incumbent workforce in |
19 | | outreach programs, which may include participation in an |
20 | | informational session, social media engagement, or other |
21 | | activities, reported annually twice per year . |
22 | | (5) Student academic and holistic support plans to |
23 | | help the enrolled incumbent workforce persist in their |
24 | | education, reported annually. |
25 | | (6) Evidence of engagement and responsiveness to the |
26 | | needs of employer partners, reported annually. |
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1 | | (7) The Consortium budget including the use of federal |
2 | | funds, reported annually. |
3 | | (8) Member contributions, including financial, |
4 | | physical, or in-kind contributions, provided to the |
5 | | Consortium, reported annually. |
6 | | (9) Information on Early Childhood Access Consortium |
7 | | for Equity Scholarships awarded under the Higher Education |
8 | | Student Assistance Act, including demographic data that is |
9 | | disaggregated by race and ethnicity, federal Pell Grant |
10 | | eligibility status, geography, age, gender, and higher |
11 | | education sector, reported annually. Employer type and |
12 | | years worked, as provided by students via the scholarship |
13 | | application, reported annually. To the extent possible |
14 | | given available data and resources, information on |
15 | | scholarship recipients' subsequent employment in the early |
16 | | childhood care and education field in this State. |
17 | | (Source: P.A. 102-174, eff. 7-28-21.)
|
18 | | Section 3-37. The Higher Education Student Assistance Act |
19 | | is amended by adding Section 65.125 as follows:
|
20 | | (110 ILCS 947/65.125 new) |
21 | | Sec. 65.125. Early Childhood Access Consortium for Equity |
22 | | Scholarship Program. |
23 | | (a) As used in this Section, "incumbent workforce" has the |
24 | | meaning ascribed to that term in the Early Childhood Access |
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1 | | Consortium for Equity Act. |
2 | | (b) Subject to appropriation, the Commission shall |
3 | | implement and administer an early childhood educator |
4 | | scholarship program, to be known as the Early Childhood Access |
5 | | Consortium for Equity Scholarship Program. Under the Program, |
6 | | the Commission shall annually award scholarships to early |
7 | | childhood education students enrolled in institutions of |
8 | | higher education participating in the Early Childhood Access |
9 | | Consortium for Equity under the Early Childhood Access |
10 | | Consortium for Equity Act with preference given to members of |
11 | | the incumbent workforce. |
12 | | (c) To ensure alignment with Consortium goals and changing |
13 | | workforce needs, the Commission shall work in partnership with |
14 | | the Board of Higher Education and the Illinois Community |
15 | | College Board in program design, and the Board of Higher |
16 | | Education and the Illinois Community College Board shall |
17 | | solicit feedback from the Consortium advisory committee |
18 | | established under Section 25 of the Early Childhood Access |
19 | | Consortium for Equity Act. |
20 | | (d) In awarding a scholarship under this Section, the |
21 | | Commission may give preference to applicants who received a |
22 | | scholarship under this Section during the prior academic year, |
23 | | to applicants with financial need, or both. |
24 | | (e) Prior to receiving scholarship assistance for any |
25 | | academic year, each recipient of a scholarship awarded under |
26 | | this Section shall be required by the Commission to sign an |
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1 | | agreement under which the recipient pledges to continue or |
2 | | return to teaching or direct services in the early childhood |
3 | | care and education field in this State after they complete |
4 | | their program of study. |
5 | | (f) The Commission may adopt any rules necessary to |
6 | | implement and administer the Program.
|
7 | | Section 3-45. The Illinois Horse Racing Act of 1975 is |
8 | | amended by changing Section 28.1 as follows:
|
9 | | (230 ILCS 5/28.1) |
10 | | Sec. 28.1. Payments. |
11 | | (a) Beginning on January 1, 2000, moneys collected by the |
12 | | Department of Revenue and the Racing Board pursuant to Section |
13 | | 26 or Section 27 of this Act shall be deposited into the Horse |
14 | | Racing Fund, which is hereby created as a special fund in the |
15 | | State Treasury. |
16 | | (b) Appropriations, as approved by the General Assembly, |
17 | | may be made from the Horse Racing Fund to the Board to pay the |
18 | | salaries of the Board members, secretary, stewards, directors |
19 | | of mutuels, veterinarians, representatives, accountants, |
20 | | clerks, stenographers, inspectors and other employees of the |
21 | | Board, and all expenses of the Board incident to the |
22 | | administration of this Act, including, but not limited to, all |
23 | | expenses and salaries incident to the taking of saliva and |
24 | | urine samples in accordance with the rules and regulations of |
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1 | | the Board. |
2 | | (c) (Blank). |
3 | | (d) Beginning January 1, 2000, payments to all programs in |
4 | | existence on the effective date of this amendatory Act of 1999 |
5 | | that are identified in Sections 26(c), 26(f), 26(h)(11)(C), |
6 | | and 28, subsections (a), (b), (c), (d), (e), (f), (g), and (h) |
7 | | of Section 30, and subsections (a), (b), (c), (d), (e), (f), |
8 | | (g), and (h) of Section 31 shall be made from the General |
9 | | Revenue Fund at the funding levels determined by amounts paid |
10 | | under this Act in calendar year 1998. Beginning on the |
11 | | effective date of this amendatory Act of the 93rd General |
12 | | Assembly, payments to the Peoria Park District shall be made |
13 | | from the General Revenue Fund at the funding level determined |
14 | | by amounts paid to that park district for museum purposes |
15 | | under this Act in calendar year 1994. |
16 | | If an inter-track wagering location licensee's facility |
17 | | changes its location, then the payments associated with that |
18 | | facility under this subsection (d) for museum purposes shall |
19 | | be paid to the park district in the area where the facility |
20 | | relocates, and the payments shall be used for museum purposes. |
21 | | If the facility does not relocate to a park district, then the |
22 | | payments shall be paid to the taxing district that is |
23 | | responsible for park or museum expenditures. |
24 | | (e) Beginning July 1, 2006, the payment authorized under |
25 | | subsection (d) to museums and aquariums located in park |
26 | | districts of over 500,000 population shall be paid to museums, |
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1 | | aquariums, and zoos in amounts determined by Museums in the |
2 | | Park, an association of museums, aquariums, and zoos located |
3 | | on Chicago Park District property. |
4 | | (f) Beginning July 1, 2007, the Children's Discovery |
5 | | Museum in Normal, Illinois shall receive payments from the |
6 | | General Revenue Fund at the funding level determined by the |
7 | | amounts paid to the Miller Park Zoo in Bloomington, Illinois |
8 | | under this Section in calendar year 2006. |
9 | | (g) On July 3, 2024 2023 , the Comptroller shall order |
10 | | transferred and the Treasurer shall transfer $3,200,000 |
11 | | $5,100,000 from the Horse Racing Fund to the Horse Racing |
12 | | Purse Equity Fund. |
13 | | (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.)
|
14 | | Section 3-50. The Illinois Public Aid Code is amended by |
15 | | changing Section 5-5.4 as follows:
|
16 | | (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) |
17 | | Sec. 5-5.4. Standards of payment; Department Payment - |
18 | | Department of Healthcare and Family Services. The Department |
19 | | of Healthcare and Family Services shall develop standards of |
20 | | payment of nursing facility and ICF/DD services in facilities |
21 | | providing such services under this Article which: |
22 | | (1) Provide for the determination of a facility's payment |
23 | | for nursing facility or ICF/DD services on a prospective |
24 | | basis. The amount of the payment rate for all nursing |
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1 | | facilities certified by the Department of Public Health under |
2 | | the ID/DD Community Care Act or the Nursing Home Care Act as |
3 | | Intermediate Care for the Developmentally Disabled facilities, |
4 | | Long Term Care for Under Age 22 facilities, Skilled Nursing |
5 | | facilities, or Intermediate Care facilities under the medical |
6 | | assistance program shall be prospectively established annually |
7 | | on the basis of historical, financial, and statistical data |
8 | | reflecting actual costs from prior years, which shall be |
9 | | applied to the current rate year and updated for inflation, |
10 | | except that the capital cost element for newly constructed |
11 | | facilities shall be based upon projected budgets. The annually |
12 | | established payment rate shall take effect on July 1 in 1984 |
13 | | and subsequent years. No rate increase and no update for |
14 | | inflation shall be provided on or after July 1, 1994, unless |
15 | | specifically provided for in this Section. The changes made by |
16 | | Public Act 93-841 extending the duration of the prohibition |
17 | | against a rate increase or update for inflation are effective |
18 | | retroactive to July 1, 2004. |
19 | | For facilities licensed by the Department of Public Health |
20 | | under the Nursing Home Care Act as Intermediate Care for the |
21 | | Developmentally Disabled facilities or Long Term Care for |
22 | | Under Age 22 facilities, the rates taking effect on July 1, |
23 | | 1998 shall include an increase of 3%. For facilities licensed |
24 | | by the Department of Public Health under the Nursing Home Care |
25 | | Act as Skilled Nursing facilities or Intermediate Care |
26 | | facilities, the rates taking effect on July 1, 1998 shall |
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1 | | include an increase of 3% plus $1.10 per resident-day, as |
2 | | defined by the Department. For facilities licensed by the |
3 | | Department of Public Health under the Nursing Home Care Act as |
4 | | Intermediate Care Facilities for the Developmentally Disabled |
5 | | or Long Term Care for Under Age 22 facilities, the rates taking |
6 | | effect on January 1, 2006 shall include an increase of 3%. For |
7 | | facilities licensed by the Department of Public Health under |
8 | | the Nursing Home Care Act as Intermediate Care Facilities for |
9 | | the Developmentally Disabled or Long Term Care for Under Age |
10 | | 22 facilities, the rates taking effect on January 1, 2009 |
11 | | shall include an increase sufficient to provide a $0.50 per |
12 | | hour wage increase for non-executive staff. For facilities |
13 | | licensed by the Department of Public Health under the ID/DD |
14 | | Community Care Act as ID/DD Facilities the rates taking effect |
15 | | within 30 days after July 6, 2017 (the effective date of Public |
16 | | Act 100-23) shall include an increase sufficient to provide a |
17 | | $0.75 per hour wage increase for non-executive staff. The |
18 | | Department shall adopt rules, including emergency rules under |
19 | | subsection (y) of Section 5-45 of the Illinois Administrative |
20 | | Procedure Act, to implement the provisions of this paragraph. |
21 | | For facilities licensed by the Department of Public Health |
22 | | under the ID/DD Community Care Act as ID/DD Facilities and |
23 | | under the MC/DD Act as MC/DD Facilities, the rates taking |
24 | | effect within 30 days after June 5, 2019 (the effective date of |
25 | | Public Act 101-10) shall include an increase sufficient to |
26 | | provide a $0.50 per hour wage increase for non-executive |
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1 | | front-line personnel, including, but not limited to, direct |
2 | | support persons, aides, front-line supervisors, qualified |
3 | | intellectual disabilities professionals, nurses, and |
4 | | non-administrative support staff. The Department shall adopt |
5 | | rules, including emergency rules under subsection (bb) of |
6 | | Section 5-45 of the Illinois Administrative Procedure Act, to |
7 | | implement the provisions of this paragraph. |
8 | | For facilities licensed by the Department of Public Health |
9 | | under the Nursing Home Care Act as Intermediate Care for the |
10 | | Developmentally Disabled facilities or Long Term Care for |
11 | | Under Age 22 facilities, the rates taking effect on July 1, |
12 | | 1999 shall include an increase of 1.6% plus $3.00 per |
13 | | resident-day, as defined by the Department. For facilities |
14 | | licensed by the Department of Public Health under the Nursing |
15 | | Home Care Act as Skilled Nursing facilities or Intermediate |
16 | | Care facilities, the rates taking effect on July 1, 1999 shall |
17 | | include an increase of 1.6% and, for services provided on or |
18 | | after October 1, 1999, shall be increased by $4.00 per |
19 | | resident-day, as defined by the Department. |
20 | | For facilities licensed by the Department of Public Health |
21 | | under the Nursing Home Care Act as Intermediate Care for the |
22 | | Developmentally Disabled facilities or Long Term Care for |
23 | | Under Age 22 facilities, the rates taking effect on July 1, |
24 | | 2000 shall include an increase of 2.5% per resident-day, as |
25 | | defined by the Department. For facilities licensed by the |
26 | | Department of Public Health under the Nursing Home Care Act as |
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1 | | Skilled Nursing facilities or Intermediate Care facilities, |
2 | | the rates taking effect on July 1, 2000 shall include an |
3 | | increase of 2.5% per resident-day, as defined by the |
4 | | Department. |
5 | | For facilities licensed by the Department of Public Health |
6 | | under the Nursing Home Care Act as skilled nursing facilities |
7 | | or intermediate care facilities, a new payment methodology |
8 | | must be implemented for the nursing component of the rate |
9 | | effective July 1, 2003. The Department of Public Aid (now |
10 | | Healthcare and Family Services) shall develop the new payment |
11 | | methodology using the Minimum Data Set (MDS) as the instrument |
12 | | to collect information concerning nursing home resident |
13 | | condition necessary to compute the rate. The Department shall |
14 | | develop the new payment methodology to meet the unique needs |
15 | | of Illinois nursing home residents while remaining subject to |
16 | | the appropriations provided by the General Assembly. A |
17 | | transition period from the payment methodology in effect on |
18 | | June 30, 2003 to the payment methodology in effect on July 1, |
19 | | 2003 shall be provided for a period not exceeding 3 years and |
20 | | 184 days after implementation of the new payment methodology |
21 | | as follows: |
22 | | (A) For a facility that would receive a lower nursing |
23 | | component rate per patient day under the new system than |
24 | | the facility received effective on the date immediately |
25 | | preceding the date that the Department implements the new |
26 | | payment methodology, the nursing component rate per |
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1 | | patient day for the facility shall be held at the level in |
2 | | effect on the date immediately preceding the date that the |
3 | | Department implements the new payment methodology until a |
4 | | higher nursing component rate of reimbursement is achieved |
5 | | by that facility. |
6 | | (B) For a facility that would receive a higher nursing |
7 | | component rate per patient day under the payment |
8 | | methodology in effect on July 1, 2003 than the facility |
9 | | received effective on the date immediately preceding the |
10 | | date that the Department implements the new payment |
11 | | methodology, the nursing component rate per patient day |
12 | | for the facility shall be adjusted. |
13 | | (C) Notwithstanding paragraphs (A) and (B), the |
14 | | nursing component rate per patient day for the facility |
15 | | shall be adjusted subject to appropriations provided by |
16 | | the General Assembly. |
17 | | For facilities licensed by the Department of Public Health |
18 | | under the Nursing Home Care Act as Intermediate Care for the |
19 | | Developmentally Disabled facilities or Long Term Care for |
20 | | Under Age 22 facilities, the rates taking effect on March 1, |
21 | | 2001 shall include a statewide increase of 7.85%, as defined |
22 | | by the Department. |
23 | | Notwithstanding any other provision of this Section, for |
24 | | facilities licensed by the Department of Public Health under |
25 | | the Nursing Home Care Act as skilled nursing facilities or |
26 | | intermediate care facilities, except facilities participating |
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1 | | in the Department's demonstration program pursuant to the |
2 | | provisions of Title 77, Part 300, Subpart T of the Illinois |
3 | | Administrative Code, the numerator of the ratio used by the |
4 | | Department of Healthcare and Family Services to compute the |
5 | | rate payable under this Section using the Minimum Data Set |
6 | | (MDS) methodology shall incorporate the following annual |
7 | | amounts as the additional funds appropriated to the Department |
8 | | specifically to pay for rates based on the MDS nursing |
9 | | component methodology in excess of the funding in effect on |
10 | | December 31, 2006: |
11 | | (i) For rates taking effect January 1, 2007, |
12 | | $60,000,000. |
13 | | (ii) For rates taking effect January 1, 2008, |
14 | | $110,000,000. |
15 | | (iii) For rates taking effect January 1, 2009, |
16 | | $194,000,000. |
17 | | (iv) For rates taking effect April 1, 2011, or the |
18 | | first day of the month that begins at least 45 days after |
19 | | February 16, 2011 (the effective date of Public Act |
20 | | 96-1530), $416,500,000 or an amount as may be necessary to |
21 | | complete the transition to the MDS methodology for the |
22 | | nursing component of the rate. Increased payments under |
23 | | this item (iv) are not due and payable, however, until (i) |
24 | | the methodologies described in this paragraph are approved |
25 | | by the federal government in an appropriate State Plan |
26 | | amendment and (ii) the assessment imposed by Section 5B-2 |
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1 | | of this Code is determined to be a permissible tax under |
2 | | Title XIX of the Social Security Act. |
3 | | Notwithstanding any other provision of this Section, for |
4 | | facilities licensed by the Department of Public Health under |
5 | | the Nursing Home Care Act as skilled nursing facilities or |
6 | | intermediate care facilities, the support component of the |
7 | | rates taking effect on January 1, 2008 shall be computed using |
8 | | the most recent cost reports on file with the Department of |
9 | | Healthcare and Family Services no later than April 1, 2005, |
10 | | updated for inflation to January 1, 2006. |
11 | | For facilities licensed by the Department of Public Health |
12 | | under the Nursing Home Care Act as Intermediate Care for the |
13 | | Developmentally Disabled facilities or Long Term Care for |
14 | | Under Age 22 facilities, the rates taking effect on April 1, |
15 | | 2002 shall include a statewide increase of 2.0%, as defined by |
16 | | the Department. This increase terminates on July 1, 2002; |
17 | | beginning July 1, 2002 these rates are reduced to the level of |
18 | | the rates in effect on March 31, 2002, as defined by the |
19 | | Department. |
20 | | For facilities licensed by the Department of Public Health |
21 | | under the Nursing Home Care Act as skilled nursing facilities |
22 | | or intermediate care facilities, the rates taking effect on |
23 | | July 1, 2001 shall be computed using the most recent cost |
24 | | reports on file with the Department of Public Aid no later than |
25 | | April 1, 2000, updated for inflation to January 1, 2001. For |
26 | | rates effective July 1, 2001 only, rates shall be the greater |
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1 | | of the rate computed for July 1, 2001 or the rate effective on |
2 | | June 30, 2001. |
3 | | Notwithstanding any other provision of this Section, for |
4 | | facilities licensed by the Department of Public Health under |
5 | | the Nursing Home Care Act as skilled nursing facilities or |
6 | | intermediate care facilities, the Illinois Department shall |
7 | | determine by rule the rates taking effect on July 1, 2002, |
8 | | which shall be 5.9% less than the rates in effect on June 30, |
9 | | 2002. |
10 | | Notwithstanding any other provision of this Section, for |
11 | | facilities licensed by the Department of Public Health under |
12 | | the Nursing Home Care Act as skilled nursing facilities or |
13 | | intermediate care facilities, if the payment methodologies |
14 | | required under Section 5A-12 and the waiver granted under 42 |
15 | | CFR 433.68 are approved by the United States Centers for |
16 | | Medicare and Medicaid Services, the rates taking effect on |
17 | | July 1, 2004 shall be 3.0% greater than the rates in effect on |
18 | | June 30, 2004. These rates shall take effect only upon |
19 | | approval and implementation of the payment methodologies |
20 | | required under Section 5A-12. |
21 | | Notwithstanding any other provisions of this Section, for |
22 | | facilities licensed by the Department of Public Health under |
23 | | the Nursing Home Care Act as skilled nursing facilities or |
24 | | intermediate care facilities, the rates taking effect on |
25 | | January 1, 2005 shall be 3% more than the rates in effect on |
26 | | December 31, 2004. |
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1 | | Notwithstanding any other provision of this Section, for |
2 | | facilities licensed by the Department of Public Health under |
3 | | the Nursing Home Care Act as skilled nursing facilities or |
4 | | intermediate care facilities, effective January 1, 2009, the |
5 | | per diem support component of the rates effective on January |
6 | | 1, 2008, computed using the most recent cost reports on file |
7 | | with the Department of Healthcare and Family Services no later |
8 | | than April 1, 2005, updated for inflation to January 1, 2006, |
9 | | shall be increased to the amount that would have been derived |
10 | | using standard Department of Healthcare and Family Services |
11 | | methods, procedures, and inflators. |
12 | | Notwithstanding any other provisions of this Section, for |
13 | | facilities licensed by the Department of Public Health under |
14 | | the Nursing Home Care Act as intermediate care facilities that |
15 | | are federally defined as Institutions for Mental Disease, or |
16 | | facilities licensed by the Department of Public Health under |
17 | | the Specialized Mental Health Rehabilitation Act of 2013, a |
18 | | socio-development component rate equal to 6.6% of the |
19 | | facility's nursing component rate as of January 1, 2006 shall |
20 | | be established and paid effective July 1, 2006. The |
21 | | socio-development component of the rate shall be increased by |
22 | | a factor of 2.53 on the first day of the month that begins at |
23 | | least 45 days after January 11, 2008 (the effective date of |
24 | | Public Act 95-707). As of August 1, 2008, the |
25 | | socio-development component rate shall be equal to 6.6% of the |
26 | | facility's nursing component rate as of January 1, 2006, |
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1 | | multiplied by a factor of 3.53. For services provided on or |
2 | | after April 1, 2011, or the first day of the month that begins |
3 | | at least 45 days after February 16, 2011 (the effective date of |
4 | | Public Act 96-1530), whichever is later, the Illinois |
5 | | Department may by rule adjust these socio-development |
6 | | component rates, and may use different adjustment |
7 | | methodologies for those facilities participating, and those |
8 | | not participating, in the Illinois Department's demonstration |
9 | | program pursuant to the provisions of Title 77, Part 300, |
10 | | Subpart T of the Illinois Administrative Code, but in no case |
11 | | may such rates be diminished below those in effect on August 1, |
12 | | 2008. |
13 | | For facilities licensed by the Department of Public Health |
14 | | under the Nursing Home Care Act as Intermediate Care for the |
15 | | Developmentally Disabled facilities or as long-term care |
16 | | facilities for residents under 22 years of age, the rates |
17 | | taking effect on July 1, 2003 shall include a statewide |
18 | | increase of 4%, as defined by the Department. |
19 | | For facilities licensed by the Department of Public Health |
20 | | under the Nursing Home Care Act as Intermediate Care for the |
21 | | Developmentally Disabled facilities or Long Term Care for |
22 | | Under Age 22 facilities, the rates taking effect on the first |
23 | | day of the month that begins at least 45 days after January 11, |
24 | | 2008 (the effective date of Public Act 95-707) shall include a |
25 | | statewide increase of 2.5%, as defined by the Department. |
26 | | Notwithstanding any other provision of this Section, for |
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1 | | facilities licensed by the Department of Public Health under |
2 | | the Nursing Home Care Act as skilled nursing facilities or |
3 | | intermediate care facilities, effective January 1, 2005, |
4 | | facility rates shall be increased by the difference between |
5 | | (i) a facility's per diem property, liability, and malpractice |
6 | | insurance costs as reported in the cost report filed with the |
7 | | Department of Public Aid and used to establish rates effective |
8 | | July 1, 2001 and (ii) those same costs as reported in the |
9 | | facility's 2002 cost report. These costs shall be passed |
10 | | through to the facility without caps or limitations, except |
11 | | for adjustments required under normal auditing procedures. |
12 | | Rates established effective each July 1 shall govern |
13 | | payment for services rendered throughout that fiscal year, |
14 | | except that rates established on July 1, 1996 shall be |
15 | | increased by 6.8% for services provided on or after January 1, |
16 | | 1997. Such rates will be based upon the rates calculated for |
17 | | the year beginning July 1, 1990, and for subsequent years |
18 | | thereafter until June 30, 2001 shall be based on the facility |
19 | | cost reports for the facility fiscal year ending at any point |
20 | | in time during the previous calendar year, updated to the |
21 | | midpoint of the rate year. The cost report shall be on file |
22 | | with the Department no later than April 1 of the current rate |
23 | | year. Should the cost report not be on file by April 1, the |
24 | | Department shall base the rate on the latest cost report filed |
25 | | by each skilled care facility and intermediate care facility, |
26 | | updated to the midpoint of the current rate year. In |
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1 | | determining rates for services rendered on and after July 1, |
2 | | 1985, fixed time shall not be computed at less than zero. The |
3 | | Department shall not make any alterations of regulations which |
4 | | would reduce any component of the Medicaid rate to a level |
5 | | below what that component would have been utilizing in the |
6 | | rate effective on July 1, 1984. |
7 | | (2) Shall take into account the actual costs incurred by |
8 | | facilities in providing services for recipients of skilled |
9 | | nursing and intermediate care services under the medical |
10 | | assistance program. |
11 | | (3) Shall take into account the medical and psycho-social |
12 | | characteristics and needs of the patients. |
13 | | (4) Shall take into account the actual costs incurred by |
14 | | facilities in meeting licensing and certification standards |
15 | | imposed and prescribed by the State of Illinois, any of its |
16 | | political subdivisions or municipalities and by the U.S. |
17 | | Department of Health and Human Services pursuant to Title XIX |
18 | | of the Social Security Act. |
19 | | The Department of Healthcare and Family Services shall |
20 | | develop precise standards for payments to reimburse nursing |
21 | | facilities for any utilization of appropriate rehabilitative |
22 | | personnel for the provision of rehabilitative services which |
23 | | is authorized by federal regulations, including reimbursement |
24 | | for services provided by qualified therapists or qualified |
25 | | assistants, and which is in accordance with accepted |
26 | | professional practices. Reimbursement also may be made for |
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1 | | utilization of other supportive personnel under appropriate |
2 | | supervision. |
3 | | The Department shall develop enhanced payments to offset |
4 | | the additional costs incurred by a facility serving |
5 | | exceptional need residents and shall allocate at least |
6 | | $4,000,000 of the funds collected from the assessment |
7 | | established by Section 5B-2 of this Code for such payments. |
8 | | For the purpose of this Section, "exceptional needs" means, |
9 | | but need not be limited to, ventilator care and traumatic |
10 | | brain injury care. The enhanced payments for exceptional need |
11 | | residents under this paragraph are not due and payable, |
12 | | however, until (i) the methodologies described in this |
13 | | paragraph are approved by the federal government in an |
14 | | appropriate State Plan amendment and (ii) the assessment |
15 | | imposed by Section 5B-2 of this Code is determined to be a |
16 | | permissible tax under Title XIX of the Social Security Act. |
17 | | Beginning January 1, 2014 the methodologies for |
18 | | reimbursement of nursing facility services as provided under |
19 | | this Section 5-5.4 shall no longer be applicable for services |
20 | | provided on or after January 1, 2014. |
21 | | No payment increase under this Section for the MDS |
22 | | methodology, exceptional care residents, or the |
23 | | socio-development component rate established by Public Act |
24 | | 96-1530 of the 96th General Assembly and funded by the |
25 | | assessment imposed under Section 5B-2 of this Code shall be |
26 | | due and payable until after the Department notifies the |
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1 | | long-term care providers, in writing, that the payment |
2 | | methodologies to long-term care providers required under this |
3 | | Section have been approved by the Centers for Medicare and |
4 | | Medicaid Services of the U.S. Department of Health and Human |
5 | | Services and the waivers under 42 CFR 433.68 for the |
6 | | assessment imposed by this Section, if necessary, have been |
7 | | granted by the Centers for Medicare and Medicaid Services of |
8 | | the U.S. Department of Health and Human Services. Upon |
9 | | notification to the Department of approval of the payment |
10 | | methodologies required under this Section and the waivers |
11 | | granted under 42 CFR 433.68, all increased payments otherwise |
12 | | due under this Section prior to the date of notification shall |
13 | | be due and payable within 90 days of the date federal approval |
14 | | is received. |
15 | | On and after July 1, 2012, the Department shall reduce any |
16 | | rate of reimbursement for services or other payments or alter |
17 | | any methodologies authorized by this Code to reduce any rate |
18 | | of reimbursement for services or other payments in accordance |
19 | | with Section 5-5e. |
20 | | For facilities licensed by the Department of Public Health |
21 | | under the ID/DD Community Care Act as ID/DD Facilities and |
22 | | under the MC/DD Act as MC/DD Facilities, subject to federal |
23 | | approval, the rates taking effect for services delivered on or |
24 | | after August 1, 2019 shall be increased by 3.5% over the rates |
25 | | in effect on June 30, 2019. The Department shall adopt rules, |
26 | | including emergency rules under subsection (ii) of Section |
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1 | | 5-45 of the Illinois Administrative Procedure Act, to |
2 | | implement the provisions of this Section, including wage |
3 | | increases for direct care staff. |
4 | | For facilities licensed by the Department of Public Health |
5 | | under the ID/DD Community Care Act as ID/DD Facilities and |
6 | | under the MC/DD Act as MC/DD Facilities, subject to federal |
7 | | approval, the rates taking effect on the latter of the |
8 | | approval date of the State Plan Amendment for these facilities |
9 | | or the Waiver Amendment for the home and community-based |
10 | | services settings shall include an increase sufficient to |
11 | | provide a $0.26 per hour wage increase to the base wage for |
12 | | non-executive staff. The Department shall adopt rules, |
13 | | including emergency rules as authorized by Section 5-45 of the |
14 | | Illinois Administrative Procedure Act, to implement the |
15 | | provisions of this Section, including wage increases for |
16 | | direct care staff. |
17 | | For facilities licensed by the Department of Public Health |
18 | | under the ID/DD Community Care Act as ID/DD Facilities and |
19 | | under the MC/DD Act as MC/DD Facilities, subject to federal |
20 | | approval of the State Plan Amendment and the Waiver Amendment |
21 | | for the home and community-based services settings, the rates |
22 | | taking effect for the services delivered on or after July 1, |
23 | | 2020 shall include an increase sufficient to provide a $1.00 |
24 | | per hour wage increase for non-executive staff. For services |
25 | | delivered on or after January 1, 2021, subject to federal |
26 | | approval of the State Plan Amendment and the Waiver Amendment |
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1 | | for the home and community-based services settings, shall |
2 | | include an increase sufficient to provide a $0.50 per hour |
3 | | increase for non-executive staff. The Department shall adopt |
4 | | rules, including emergency rules as authorized by Section 5-45 |
5 | | of the Illinois Administrative Procedure Act, to implement the |
6 | | provisions of this Section, including wage increases for |
7 | | direct care staff. |
8 | | For facilities licensed by the Department of Public Health |
9 | | under the ID/DD Community Care Act as ID/DD Facilities and |
10 | | under the MC/DD Act as MC/DD Facilities, subject to federal |
11 | | approval of the State Plan Amendment, the rates taking effect |
12 | | for the residential services delivered on or after July 1, |
13 | | 2021, shall include an increase sufficient to provide a $0.50 |
14 | | per hour increase for aides in the rate methodology. For |
15 | | facilities licensed by the Department of Public Health under |
16 | | the ID/DD Community Care Act as ID/DD Facilities and under the |
17 | | MC/DD Act as MC/DD Facilities, subject to federal approval of |
18 | | the State Plan Amendment, the rates taking effect for the |
19 | | residential services delivered on or after January 1, 2022 |
20 | | shall include an increase sufficient to provide a $1.00 per |
21 | | hour increase for aides in the rate methodology. In addition, |
22 | | for residential services delivered on or after January 1, 2022 |
23 | | such rates shall include an increase sufficient to provide |
24 | | wages for all residential non-executive direct care staff, |
25 | | excluding aides, at the federal Department of Labor, Bureau of |
26 | | Labor Statistics' average wage as defined in rule by the |
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1 | | Department. The Department shall adopt rules, including |
2 | | emergency rules as authorized by Section 5-45 of the Illinois |
3 | | Administrative Procedure Act, to implement the provisions of |
4 | | this Section. |
5 | | For facilities licensed by the Department of Public Health |
6 | | under the ID/DD Community Care Act as ID/DD facilities and |
7 | | under the MC/DD Act as MC/DD facilities, subject to federal |
8 | | approval of the State Plan Amendment, the rates taking effect |
9 | | for services delivered on or after January 1, 2023, shall |
10 | | include a $1.00 per hour wage increase for all direct support |
11 | | personnel and all other frontline personnel who are not |
12 | | subject to the Bureau of Labor Statistics' average wage |
13 | | increases, who work in residential and community day services |
14 | | settings, with at least $0.50 of those funds to be provided as |
15 | | a direct increase to all aide base wages, with the remaining |
16 | | $0.50 to be used flexibly for base wage increases to the rate |
17 | | methodology for aides. In addition, for residential services |
18 | | delivered on or after January 1, 2023 the rates shall include |
19 | | an increase sufficient to provide wages for all residential |
20 | | non-executive direct care staff, excluding aides, at the |
21 | | federal Department of Labor, Bureau of Labor Statistics' |
22 | | average wage as determined by the Department. Also, for |
23 | | services delivered on or after January 1, 2023, the rates will |
24 | | include adjustments to employment-related expenses as defined |
25 | | in rule by the Department. The Department shall adopt rules, |
26 | | including emergency rules as authorized by Section 5-45 of the |
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1 | | Illinois Administrative Procedure Act, to implement the |
2 | | provisions of this Section. |
3 | | For facilities licensed by the Department of Public Health |
4 | | under the ID/DD Community Care Act as ID/DD facilities and |
5 | | under the MC/DD Act as MC/DD facilities, subject to federal |
6 | | approval of the State Plan Amendment, the rates taking effect |
7 | | for services delivered on or after January 1, 2024 shall |
8 | | include a $2.50 per hour wage increase for all direct support |
9 | | personnel and all other frontline personnel who are not |
10 | | subject to the Bureau of Labor Statistics' average wage |
11 | | increases and who work in residential and community day |
12 | | services settings. At least $1.25 of the per hour wage |
13 | | increase shall be provided as a direct increase to all aide |
14 | | base wages, and the remaining $1.25 of the per hour wage |
15 | | increase shall be used flexibly for base wage increases to the |
16 | | rate methodology for aides. In addition, for residential |
17 | | services delivered on or after January 1, 2024, the rates |
18 | | shall include an increase sufficient to provide wages for all |
19 | | residential non-executive direct care staff, excluding aides, |
20 | | at the federal Department of Labor, Bureau of Labor |
21 | | Statistics' average wage as determined by the Department. |
22 | | Also, for services delivered on or after January 1, 2024, the |
23 | | rates will include adjustments to employment-related expenses |
24 | | as defined in rule by the Department. The Department shall |
25 | | adopt rules, including emergency rules as authorized by |
26 | | Section 5-45 of the Illinois Administrative Procedure Act, to |
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1 | | implement the provisions of this Section. |
2 | | For facilities licensed by the Department of Public Health |
3 | | under the ID/DD Community Care Act as ID/DD facilities and |
4 | | under the MC/DD Act as MC/DD facilities, subject to federal |
5 | | approval of a State Plan Amendment, the rates taking effect |
6 | | for services delivered on or after January 1, 2025 shall |
7 | | include a $1.00 per hour wage increase for all direct support |
8 | | personnel and all other frontline personnel who are not |
9 | | subject to the Bureau of Labor Statistics' average wage |
10 | | increases and who work in residential and community day |
11 | | services settings, with at least $0.50 of those funds to be |
12 | | provided as a direct increase to all aide base wages and the |
13 | | remaining $0.50 to be used flexibly for base wage increases to |
14 | | the rate methodology for aides. These increases shall not be |
15 | | used by facilities for operational and administrative |
16 | | expenses. In addition, for residential services delivered on |
17 | | or after January 1, 2025, the rates shall include an increase |
18 | | sufficient to provide wages for all residential non-executive |
19 | | direct care staff, excluding aides, at the federal Department |
20 | | of Labor, Bureau of Labor Statistics' average wage as |
21 | | determined by the Department. Also, for services delivered on |
22 | | or after January 1, 2025, the rates will include adjustments |
23 | | to employment-related expenses as defined in rule by the |
24 | | Department. The Department shall adopt rules, including |
25 | | emergency rules as authorized by Section 5-45 of the Illinois |
26 | | Administrative Procedure Act, to implement the provisions of |
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1 | | this Section. |
2 | | Notwithstanding any other provision of this Section to the |
3 | | contrary, any regional wage adjuster for facilities located |
4 | | outside of the counties of Cook, DuPage, Kane, Lake, McHenry, |
5 | | and Will shall be no lower than 1.00, and any regional wage |
6 | | adjuster for facilities located within the counties of Cook, |
7 | | DuPage, Kane, Lake, McHenry, and Will shall be no lower than |
8 | | 1.15. |
9 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
10 | | 103-8, eff. 6-7-23.)
|
11 | | Section 3-55. The Homelessness Prevention Act is amended |
12 | | by changing Section 12.5 as follows:
|
13 | | (310 ILCS 70/12.5) |
14 | | Sec. 12.5. Administrative costs and case management |
15 | | expenses. On an annual basis, a grantee's administrative costs |
16 | | and case management expenses shall not exceed 20% 15% of the |
17 | | grant amount it receives under the Act. |
18 | | (Source: P.A. 101-280, eff. 1-1-20 .)
|
19 | | Section 3-57. The Environmental Protection Act is amended |
20 | | by adding Section 9.20 as follows:
|
21 | | (415 ILCS 5/9.20 new) |
22 | | Sec. 9.20. Fleet Electrification Incentive Program. |
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1 | | (a) In this Section: |
2 | | "Eligible electric vehicle" means an electric truck or |
3 | | electric school bus categorized by the United States |
4 | | Environmental Protection Agency Emissions Classifications, |
5 | | using gross vehicle weight ratings, as a Class 2b, 3, 4, 5, 6, |
6 | | 7, or 8 vehicle, with or without a properly ventilated, |
7 | | conventionally powered heater. |
8 | | "Eligible purchaser" means a person who the Agency |
9 | | determines: |
10 | | (1) is the purchaser of an eligible electric vehicle |
11 | | that is registered in this State or recognized under the |
12 | | International Registration Plan; |
13 | | (2) is domiciled in this State; |
14 | | (3) in the case of a purchaser who is the lessee of an |
15 | | eligible electric vehicle, is the lessee of the vehicle |
16 | | for a term of at least 60 months; and |
17 | | (4) has demonstrated, to the satisfaction of the |
18 | | Agency, that the eligible electric vehicle will operate |
19 | | within the State for at least 80% of its operational hours |
20 | | once purchased and delivered. |
21 | | "Equity investment eligible community" has the meaning |
22 | | given in the Energy Transition Act. |
23 | | "Program" means the Fleet Electrification Incentive |
24 | | Program established under this Section. |
25 | | "Purchaser" means a fleet owner, operator, or provider |
26 | | that will operate or manage the vehicle for a minimum of 5 |
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1 | | years after receipt of the vehicle, whether through lease or |
2 | | direct purchase. |
3 | | (b) To promote the use of eligible electric vehicles, the |
4 | | Agency shall establish, by rule, a Fleet Electrification |
5 | | Incentive Program through which it provides eligible |
6 | | purchasers a grant of up to the following base amounts for the |
7 | | purchase of an eligible electric vehicle: |
8 | | (1) $7,500 for a Class 2b vehicle; |
9 | | (2) $45,000 for a Class 3 vehicle; |
10 | | (3) $60,000 for a Class 4 or Class 5 vehicle; |
11 | | (4) $85,000 for a Class 6 or Class 7 vehicle; and |
12 | | (5) $120,000 for a Class 8 vehicle. |
13 | | In addition, the Agency shall offer increased grant |
14 | | incentives of an additional 65% of the base amount for the |
15 | | purchase of a school bus that will serve a public school |
16 | | district. |
17 | | (c) The Agency shall award grants under the Program to |
18 | | eligible purchasers on a competitive basis according to the |
19 | | availability of funding. The Agency shall use a points-based |
20 | | quantitative evaluation to be determined by the Agency by |
21 | | rule. |
22 | | The Agency shall award additional points to an application |
23 | | from an eligible purchaser whose eligible electric vehicles |
24 | | are to be domiciled in an equity investment eligible |
25 | | community. |
26 | | The Agency shall also award additional points to an |
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1 | | eligible purchaser who has negotiated and entered into a |
2 | | collective bargaining agreement at the time of application for |
3 | | the grant. |
4 | | (d) A grant provided under the Program is limited to a |
5 | | maximum award of 80% of the purchase price per eligible |
6 | | electric vehicle. Multiple eligible electric vehicles may be |
7 | | included in each grant under the Program. An eligible |
8 | | purchaser may be awarded multiple grants under the Program; |
9 | | however, the Agency shall have the authority to implement, by |
10 | | rule, a limit on the number of grants awarded to each |
11 | | purchaser. |
12 | | (e) An eligible purchaser shall enter into a grant |
13 | | agreement with the Agency upon notification from the Agency |
14 | | that the eligible purchaser's application has been approved. |
15 | | Grants under this Section shall be provided by the Agency with |
16 | | the submittal of a paid invoice for reimbursement. An eligible |
17 | | purchaser participating in the Program shall retain ownership |
18 | | of the eligible electric vehicle and meet all applicable |
19 | | project requirements for a minimum 5-year period after the |
20 | | date the eligible purchaser receives the vehicle. Resale of an |
21 | | eligible electric vehicle may be allowed within the 5-year |
22 | | period if necessitated by unforeseen or unavoidable |
23 | | circumstances with approval from the Agency. The Agency shall |
24 | | ensure the resale of an eligible electric vehicle serving a |
25 | | public school or located within an equity investment eligible |
26 | | community shall result in the vehicle servicing a similarly |
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1 | | situated community. |
2 | | (f) The deployment of the eligible electric vehicle in the |
3 | | purchaser's fleet is required within 24 months after receipt |
4 | | of notice of approval of the purchaser's Program application. |
5 | | Total completion of the project for which the eligible |
6 | | electric vehicle is purchased or leased must occur within 36 |
7 | | months after receipt of grant funds under the Program. |
8 | | (g) A grant under this Section may be combined with other |
9 | | public incentives to support fleet purchasing decisions. |
10 | | Receipt of any other public incentive for an eligible electric |
11 | | vehicle shall not preclude a purchaser from being awarded a |
12 | | grant under this Section. However, the combined total of |
13 | | governmental incentives, including, but not limited to, tax |
14 | | credits, grants, or vouchers, shall not exceed 80% of the |
15 | | purchase price of the vehicle. |
16 | | (h) The Agency shall set aside 20% of the appropriated |
17 | | funds under the Program for grants to the eligible purchaser |
18 | | of an electric school bus. |
19 | | (i) All awards granted under this Section are subject to |
20 | | appropriation by the General Assembly.
|
21 | | Section 3-60. The Open Space Lands Acquisition and |
22 | | Development Act is amended by adding Section 11.1 as follows:
|
23 | | (525 ILCS 35/11.1 new) |
24 | | Sec. 11.1. Distressed Local Government Report. No later |
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1 | | than March 31, 2025, the Department shall prepare and submit a |
2 | | report to the General Assembly evaluating distressed local |
3 | | governments that received grants under this Act in Fiscal |
4 | | Years 2023, 2024, and 2025. The report shall include the |
5 | | following, at a minimum: |
6 | | (1) a list of the local governments that applied for |
7 | | grants in each fiscal year; |
8 | | (2) a list of the local governments awarded grants and |
9 | | the amount awarded; |
10 | | (3) each grant recipient's total budget; |
11 | | (4) each grant recipient's population; |
12 | | (5) a description of whether the grant recipient |
13 | | previously received a grant under this Act and, if so, the |
14 | | number of times and whether the local government provided |
15 | | a 50/50 or 90/10 match; |
16 | | (6) a description of whether the project was in a |
17 | | location designated as a disadvantaged community on the |
18 | | Climate and Economic Justice Screening Tool created by the |
19 | | Chair of the Council on Environmental Quality under |
20 | | subsection (a) of Section 222 of Presidential Executive |
21 | | Order 14008 "Tackling the Climate Crisis at Home and |
22 | | Abroad"; and |
23 | | (7) a description of the Department's criteria for |
24 | | waiving the matching criteria for distressed local |
25 | | government grant recipients in fiscal year 2025 that |
26 | | demonstrated their inability to provide any local match.
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1 | | Article 5.
|
2 | | Section 5-5. The Illinois Act on the Aging is amended by |
3 | | adding Section 4.01b as follows:
|
4 | | (20 ILCS 105/4.01b new) |
5 | | Sec. 4.01b. Indirect cost funds. The Department has the |
6 | | authority to apply for, accept, receive, expend, and |
7 | | administer on behalf of the State any indirect cost |
8 | | reimbursements, funds, or anything else of value made |
9 | | available to the Department from any source for assistance |
10 | | with programmatic activities or administrative costs related |
11 | | to the Department's programs. Any federal indirect cost |
12 | | reimbursements received by the Department pursuant to this |
13 | | Section shall be deposited into the Department on Aging |
14 | | Federal Indirect Cost Fund, and such moneys shall be expended, |
15 | | subject to appropriation, only for authorized purposes.
|
16 | | Section 5-10. The Department of Commerce and Economic |
17 | | Opportunity Law of the Civil Administrative Code of Illinois |
18 | | is amended by changing Sections 605-55, 605-420, and 605-515 |
19 | | and by adding Section 605-60 as follows:
|
20 | | (20 ILCS 605/605-55) (was 20 ILCS 605/46.21) |
21 | | Sec. 605-55. Contracts and other acts to accomplish |
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1 | | Department's duties. To make and enter into contracts, |
2 | | including but not limited to making grants and loans to units |
3 | | of local government, private agencies as defined in the |
4 | | Illinois State Auditing Act, non-profit corporations, |
5 | | educational institutions, and for-profit businesses as |
6 | | authorized pursuant to appropriations by the General Assembly |
7 | | from the Build Illinois Bond Fund, the Rebuild Illinois |
8 | | Projects Fund, the Fund for Illinois' Future, the Capital |
9 | | Development Fund, and the General Revenue Fund, and, for |
10 | | Fiscal Year 2023 only, the Chicago Travel Industry Promotion |
11 | | Fund, and generally to do all things that, in its judgment, may |
12 | | be necessary, proper, and expedient in accomplishing its |
13 | | duties. |
14 | | (Source: P.A. 102-699, eff. 4-19-22.)
|
15 | | (20 ILCS 605/605-60 new) |
16 | | Sec. 605-60. DCEO Projects Fund. The DCEO Projects Fund is |
17 | | created as a trust fund in the State treasury. The Department |
18 | | is authorized to accept and deposit into the Fund moneys |
19 | | received from any gifts, grants, transfers, or other sources, |
20 | | public or private, unless deposit into a different fund is |
21 | | otherwise mandated. Subject to appropriation, the Department |
22 | | shall use moneys in the Fund to make grants or loans to and |
23 | | enter into contracts with units of local government, local and |
24 | | regional economic development corporations, and not-for-profit |
25 | | organizations for municipal development projects, for the |
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1 | | specific purposes established by the terms and conditions of |
2 | | the gift, grant, or award, and for related administrative |
3 | | expenses. As used in this Section, the term "municipal |
4 | | development projects" includes, but is not limited to, grants |
5 | | for reducing food insecurity in urban and rural areas.
|
6 | | (20 ILCS 605/605-420) (was 20 ILCS 605/46.75) |
7 | | Sec. 605-420. Workforce, Technology, and Economic |
8 | | Development Fund. |
9 | | (a) The Department may accept gifts, grants, awards, |
10 | | matching contributions, interest income, appropriations, and |
11 | | cost sharings from individuals, businesses, governments, and |
12 | | other third-party sources, on terms that the Director deems |
13 | | advisable, for any or all of the following purposes: |
14 | | (1) (Blank); |
15 | | (2) to assist economically disadvantaged and other |
16 | | youth to make a successful transition from school to work; |
17 | | (3) to assist other individuals targeted for services |
18 | | through education, training, and workforce development |
19 | | programs to obtain employment-related skills and obtain |
20 | | employment; |
21 | | (4) to identify, develop, commercialize, or promote |
22 | | technology within the State; and |
23 | | (5) to promote economic development within the State. |
24 | | (b) The Workforce, Technology, and Economic Development |
25 | | Fund is created as a special fund in the State Treasury. All On |
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1 | | September 1, 2000, or as soon thereafter as may be reasonably |
2 | | practicable, the State Comptroller shall transfer from the |
3 | | Fund into the Title III Social Security and Employment Fund |
4 | | all moneys that were received for the purposes of Section |
5 | | 403(a)(5) of the federal Social Security Act and remain |
6 | | unobligated on that date. Beginning on the effective date of |
7 | | this amendatory Act of the 92nd General Assembly, all moneys |
8 | | received under this Section for the purposes of Section |
9 | | 403(a)(5) of the federal Social Security Act, except moneys |
10 | | that may be necessary to pay liabilities outstanding as of |
11 | | June 30, 2000, shall be deposited into the Title III Social |
12 | | Security and Employment Fund, and all other moneys received |
13 | | under this Section shall be deposited into the Workforce, |
14 | | Technology, and Economic Development Fund. |
15 | | Moneys received under this Section are subject to |
16 | | appropriation by the General Assembly may be expended for |
17 | | purposes consistent with the conditions under which those |
18 | | moneys were are received, including, but not limited to, the |
19 | | making of grants and any other purpose authorized by law |
20 | | subject to appropriations made by the General Assembly for |
21 | | those purposes . |
22 | | (Source: P.A. 91-34, eff. 7-1-99; 91-704, eff. 7-1-00; 92-298, |
23 | | eff. 8-9-01.)
|
24 | | (20 ILCS 605/605-515) (was 20 ILCS 605/46.13a) |
25 | | Sec. 605-515. Environmental Regulatory Assistance Program. |
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1 | | (a) In this Section, except where the context clearly |
2 | | requires otherwise, "small business stationary source" means a |
3 | | business that is owned or operated by a person that employs 100 |
4 | | or fewer individuals; is a small business; is not a major |
5 | | stationary source as defined in Titles I and III of the federal |
6 | | 1990 Clean Air Act Amendments; does not emit 50 tons or more |
7 | | per year of any regulated pollutant (as defined under the |
8 | | federal Clean Air Act); and emits less than 75 tons per year of |
9 | | all regulated pollutants. |
10 | | (b) The Department may: |
11 | | (1) Provide access to technical and compliance |
12 | | information for Illinois firms, including small and middle |
13 | | market companies, to facilitate local business compliance |
14 | | with the federal, State, and local environmental |
15 | | regulations. |
16 | | (2) Coordinate and enter into cooperative agreements |
17 | | with a State ombudsman office, which shall be established |
18 | | in accordance with the federal 1990 Clean Air Act |
19 | | Amendments to provide direct oversight to the program |
20 | | established under that Act. |
21 | | (3) Enter into contracts, cooperative agreements, and |
22 | | financing agreements and establish and collect charges and |
23 | | fees necessary or incidental to the performance of duties |
24 | | and the execution of powers under this Section. |
25 | | (4) Accept and expend, subject to appropriation, |
26 | | gifts, grants, awards, funds, contributions, charges, |
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1 | | fees, and other financial or nonfinancial aid from |
2 | | federal, State, and local governmental agencies, |
3 | | businesses, educational agencies, not-for-profit |
4 | | organizations, and other entities, for the purposes of |
5 | | this Section. |
6 | | (5) Establish, staff, and administer programs and |
7 | | services and adopt such rules and regulations necessary to |
8 | | carry out the intent of this Section and Section 507, |
9 | | "Small Business Stationary Source Technical and |
10 | | Environmental Compliance Assistance Program", of the |
11 | | federal 1990 Clean Air Act Amendments. |
12 | | (c) The Department's environmental compliance programs and |
13 | | services for businesses may include, but need not be limited |
14 | | to, the following: |
15 | | (1) Communication and outreach services to or on |
16 | | behalf of individual companies, including collection and |
17 | | compilation of appropriate information on regulatory |
18 | | compliance issues and control technologies, and |
19 | | dissemination of that information through publications, |
20 | | direct mailings, electronic communications, conferences, |
21 | | workshops, one-on-one counseling, and other means of |
22 | | technical assistance. |
23 | | (2) Provision of referrals and access to technical |
24 | | assistance, pollution prevention and facility audits, and |
25 | | otherwise serving as an information clearinghouse on |
26 | | pollution prevention through the coordination of the |
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1 | | Illinois Sustainable Technology Center of the University |
2 | | of Illinois. In addition, environmental and regulatory |
3 | | compliance issues and techniques, which may include |
4 | | business rights and responsibilities, applicable |
5 | | permitting and compliance requirements, compliance methods |
6 | | and acceptable control technologies, release detection, |
7 | | and other applicable information may be provided. |
8 | | (3) Coordination with and provision of administrative |
9 | | and logistical support to the State Compliance Advisory |
10 | | Panel. |
11 | | (d) There is hereby created a special fund in the State |
12 | | Treasury to be known as the Small Business Environmental |
13 | | Assistance Fund. Monies received under subdivision (b)(4) of |
14 | | this Section shall be deposited into the Fund. |
15 | | Monies in the Small Business Environmental Assistance Fund |
16 | | may be used, subject to appropriation, only for the purposes |
17 | | authorized by this Section. |
18 | | (e) Subject to appropriation, the Department may use |
19 | | moneys from the Clean Air Act Permit Fund for the purposes |
20 | | authorized by this Section. |
21 | | (Source: P.A. 98-346, eff. 8-14-13.)
|
22 | | Section 5-15. The Renewable Energy, Energy Efficiency, and |
23 | | Coal Resources Development Law of 1997 is amended by changing |
24 | | Section 6-6 as follows:
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1 | | (20 ILCS 687/6-6) |
2 | | (Section scheduled to be repealed on December 31, 2025) |
3 | | Sec. 6-6. Energy efficiency program. |
4 | | (a) For the year beginning January 1, 1998, and thereafter |
5 | | as provided in this Section, each electric utility as defined |
6 | | in Section 3-105 of the Public Utilities Act and each |
7 | | alternative retail electric supplier as defined in Section |
8 | | 16-102 of the Public Utilities Act supplying electric power |
9 | | and energy to retail customers located in the State of |
10 | | Illinois shall contribute annually a pro rata share of a total |
11 | | amount of $3,000,000 based upon the number of kilowatt-hours |
12 | | sold by each such entity in the 12 months preceding the year of |
13 | | contribution. On or before May 1 of each year, the Illinois |
14 | | Commerce Commission shall determine and notify the Agency of |
15 | | the pro rata share owed by each electric utility and each |
16 | | alternative retail electric supplier based upon information |
17 | | supplied annually to the Illinois Commerce Commission. On or |
18 | | before June 1 of each year, the Agency shall send written |
19 | | notification to each electric utility and each alternative |
20 | | retail electric supplier of the amount of pro rata share they |
21 | | owe. These contributions shall be remitted to the Illinois |
22 | | Environmental Protection Agency on or before June 30 of each |
23 | | year the contribution is due on a return prescribed and |
24 | | furnished by the Illinois Environmental Protection Agency |
25 | | showing such information as the Illinois Environmental |
26 | | Protection Agency may reasonably require. The funds received |
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1 | | pursuant to this Section shall be subject to the appropriation |
2 | | of funds by the General Assembly. The Illinois Environmental |
3 | | Protection Agency shall place the funds remitted under this |
4 | | Section in a trust fund, that is hereby created in the State |
5 | | Treasury, called the Energy Efficiency Trust Fund. If an |
6 | | electric utility or alternative retail electric supplier does |
7 | | not remit its pro rata share to the Illinois Environmental |
8 | | Protection Agency, the Illinois Environmental Protection |
9 | | Agency must inform the Illinois Commerce Commission of such |
10 | | failure. The Illinois Commerce Commission may then revoke the |
11 | | certification of that electric utility or alternative retail |
12 | | electric supplier. The Illinois Commerce Commission may not |
13 | | renew the certification of any electric utility or alternative |
14 | | retail electric supplier that is delinquent in paying its pro |
15 | | rata share. These changes made to this subsection (a) by |
16 | | Public Act 103-363 this amendatory Act of the 103rd General |
17 | | Assembly apply beginning July 1, 2023. |
18 | | (b) The Agency shall disburse the moneys in the Energy |
19 | | Efficiency Trust Fund to benefit residential electric |
20 | | customers through projects which the Agency has determined |
21 | | will promote energy efficiency in the State of Illinois and to |
22 | | pay the associated operational expenses of the Agency in |
23 | | administering the grant program . The Agency Department of |
24 | | Commerce and Economic Opportunity shall establish a list of |
25 | | projects eligible for grants from the Energy Efficiency Trust |
26 | | Fund including, but not limited to, supporting energy |
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1 | | efficiency efforts for low-income households, replacing energy |
2 | | inefficient windows with more efficient windows, replacing |
3 | | energy inefficient appliances with more efficient appliances, |
4 | | replacing energy inefficient lighting with more efficient |
5 | | lighting, insulating dwellings and buildings, using market |
6 | | incentives to encourage energy efficiency, and such other |
7 | | projects which will increase energy efficiency in homes and |
8 | | rental properties. |
9 | | (c) The Agency may, by administrative rule, establish |
10 | | criteria and an application process for this grant program. |
11 | | (d) (Blank). |
12 | | (e) (Blank). |
13 | | (Source: P.A. 102-444, eff. 8-20-21; 103-363, eff. 7-28-23.)
|
14 | | Section 5-17. The Department of Natural Resources |
15 | | (Conservation) Law of the Civil Administrative Code of |
16 | | Illinois is amended by changing Section 805-305 as follows:
|
17 | | (20 ILCS 805/805-305) (was 20 ILCS 805/63a23) |
18 | | Sec. 805-305. Campsites and housing facilities. |
19 | | (a) The Department has the power to provide facilities for |
20 | | overnight tent and trailer campsites and to provide suitable |
21 | | housing facilities for student and juvenile overnight camping |
22 | | groups. The Department of Natural Resources may regulate, by |
23 | | administrative order, the fees to be charged for tent and |
24 | | trailer camping units at individual park areas based upon the |
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1 | | facilities available. |
2 | | (b) However, for campsites with access to showers or |
3 | | electricity, any Illinois resident who is age 62 or older or |
4 | | has a Class 2 disability as defined in Section 4A of the |
5 | | Illinois Identification Card Act shall be charged only |
6 | | one-half of the camping fee charged to the general public |
7 | | during the period Monday through Thursday of any week and |
8 | | shall be charged the same camping fee as the general public on |
9 | | all other days. For campsites without access to showers or |
10 | | electricity, no camping fee authorized by this Section shall |
11 | | be charged to any resident of Illinois who has a Class 2 |
12 | | disability as defined in Section 4A of the Illinois |
13 | | Identification Card Act. For campsites without access to |
14 | | showers or electricity, no camping fee authorized by this |
15 | | Section shall be charged to any resident of Illinois who is age |
16 | | 62 or older for the use of a campsite unit during the period |
17 | | Monday through Thursday of any week. No camping fee authorized |
18 | | by this Section shall be charged to any resident of Illinois |
19 | | who is a veteran with a disability or a former prisoner of war, |
20 | | as defined in Section 5 of the Department of Veterans' Affairs |
21 | | Act. No camping fee authorized by this Section shall be |
22 | | charged to any resident of Illinois after returning from |
23 | | service abroad or mobilization by the President of the United |
24 | | States as an active duty member of the United States Armed |
25 | | Forces, the Illinois National Guard, or the Reserves of the |
26 | | United States Armed Forces for the amount of time that the |
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1 | | active duty member spent in service abroad or mobilized if the |
2 | | person applies for a pass with the Department within 2 years |
3 | | after returning and provides acceptable verification of |
4 | | service or mobilization to the Department. Any portion of a |
5 | | year that the active duty member spent in service abroad or |
6 | | mobilized shall count as a full year. The procedure by which a |
7 | | person may provide to the Department verification of service |
8 | | abroad or mobilization by the President of the United States |
9 | | shall be set by administrative rule. Nonresidents shall be |
10 | | charged the same fees as are authorized for the general public |
11 | | regardless of age. The Department shall provide by regulation |
12 | | for suitable proof of age, or either a valid driver's license |
13 | | or a "Golden Age Passport" issued by the federal government |
14 | | shall be acceptable as proof of age. The Department shall |
15 | | further provide by regulation that notice of these reduced |
16 | | admission fees be posted in a conspicuous place and manner. |
17 | | Reduced fees authorized in this Section shall not apply to |
18 | | any charge for utility service. |
19 | | For the purposes of this Section, "acceptable verification |
20 | | of service or mobilization" means official documentation from |
21 | | the Department of Defense or the appropriate Major Command |
22 | | showing mobilization dates or service abroad dates, including: |
23 | | (i) a DD-214, (ii) a letter from the Illinois Department of |
24 | | Military Affairs for members of the Illinois National Guard, |
25 | | (iii) a letter from the Regional Reserve Command for members |
26 | | of the Armed Forces Reserve, (iv) a letter from the Major |
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1 | | Command covering Illinois for active duty members, (v) |
2 | | personnel records for mobilized State employees, and (vi) any |
3 | | other documentation that the Department, by administrative |
4 | | rule, deems acceptable to establish dates of mobilization or |
5 | | service abroad. |
6 | | For the purposes of this Section, the term "service |
7 | | abroad" means active duty service outside of the 50 United |
8 | | States and the District of Columbia, and includes all active |
9 | | duty service in territories and possessions of the United |
10 | | States. |
11 | | (c) To promote State campground use and Illinois State |
12 | | Fair attendance, the Department shall waive the camping fees |
13 | | for up to 2 nights of camping at Jim Edgar Panther Creek State |
14 | | Fish and Wildlife Area, Sangchris Lake State Park, or |
15 | | Lincoln's New Salem State Historic Site during the period from |
16 | | August 11, 2024 to August 15, 2024 for a camper who: |
17 | | (1) is 18 years of age or older; |
18 | | (2) provides proof of having purchased, between June |
19 | | 26, 2024 and July 3, 2024, a season admission ticket |
20 | | booklet from the Department of Agriculture for entry into |
21 | | the 2024 Illinois State Fair in Springfield; and |
22 | | (3) requests the camping fee waiver in person at the |
23 | | time of permit issuance at the State campground. |
24 | | The waivers under this subsection (c) shall be granted on |
25 | | a first-come, first-served basis for a maximum of 40 sites at |
26 | | each of the 3 identified State campgrounds. Fees for utility |
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1 | | service are not subject to waiver. Waivers under this |
2 | | subsection (c) are limited to one per camper. |
3 | | (Source: P.A. 102-780, eff. 5-13-22.)
|
4 | | Section 5-18. The Department of Innovation and Technology |
5 | | Act is amended by changing Section 1-5 as follows:
|
6 | | (20 ILCS 1370/1-5) |
7 | | Sec. 1-5. Definitions. In this Act: |
8 | | "Client agency" means each transferring agency, or its |
9 | | successor, and any other public agency to which the Department |
10 | | provides service to the extent specified in an interagency |
11 | | agreement with the public agency. |
12 | | "Dedicated unit" means the dedicated bureau, division, |
13 | | office, or other unit within a transferring agency that is |
14 | | responsible for the information technology functions of the |
15 | | transferring agency. |
16 | | "Department" means the Department of Innovation and |
17 | | Technology. |
18 | | "Information technology" means technology, |
19 | | infrastructure, equipment, systems, software, networks, and |
20 | | processes used to create, send, receive, and store electronic |
21 | | or digital information, including, without limitation, |
22 | | computer systems and telecommunication services and systems. |
23 | | "Information technology" shall be construed broadly to |
24 | | incorporate future technologies that change or supplant those |
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1 | | in effect as of the effective date of this Act. |
2 | | "Information technology functions" means the development, |
3 | | procurement, installation, retention, maintenance, operation, |
4 | | possession, storage, and related functions of all information |
5 | | technology. |
6 | | "Secretary" means the Secretary of Innovation and |
7 | | Technology. |
8 | | "State agency" means each State agency, department, board, |
9 | | and commission under the jurisdiction of the Governor. |
10 | | "Transferring agency" means the Department on Aging; the |
11 | | Departments of Agriculture, Central Management Services, |
12 | | Children and Family Services, Commerce and Economic |
13 | | Opportunity, Corrections, Employment Security, Financial and |
14 | | Professional Regulation, Healthcare and Family Services, Human |
15 | | Rights, Human Services, Insurance, Juvenile Justice, Labor, |
16 | | Lottery, Military Affairs, Natural Resources, Public Health, |
17 | | Revenue, Transportation, and Veterans' Affairs; the Illinois |
18 | | State Police; the Capital Development Board; the Deaf and Hard |
19 | | of Hearing Commission; the Environmental Protection Agency; |
20 | | the Governor's Office of Management and Budget; the |
21 | | Guardianship and Advocacy Commission; the Abraham Lincoln |
22 | | Presidential Library and Museum; the Illinois Arts Council; |
23 | | the Illinois Council on Developmental Disabilities; the |
24 | | Illinois Emergency Management Agency; the Illinois Gaming |
25 | | Board; the Illinois Liquor Control Commission; the Office of |
26 | | the State Fire Marshal; and the Prisoner Review Board ; and the |
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1 | | Department of Early Childhood . |
2 | | (Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21; |
3 | | 102-813, eff. 5-13-22; 102-870, eff. 1-1-23 .)
|
4 | | Section 5-20. The Illinois Lottery Law is amended by |
5 | | changing Section 21.16 as follows:
|
6 | | (20 ILCS 1605/21.16) |
7 | | Sec. 21.16. Illinois DREAM scratch-off. |
8 | | (a) The Department shall offer a special Illinois DREAM |
9 | | instant scratch-off game for the benefit of the Illinois DREAM |
10 | | Fund Commission. The new revenue from the Illinois DREAM |
11 | | scratch-off game shall be deposited into the Illinois DREAM |
12 | | Fund, a special fund that is created in the State treasury. |
13 | | Subject to appropriation to the Illinois Student Assistance |
14 | | Commission , money in the Illinois DREAM Fund shall be used to |
15 | | assist in funding scholarships and other statutory |
16 | | responsibilities of the Illinois DREAM Fund Commission. The |
17 | | game shall commence on January 1, 2024 or as soon thereafter as |
18 | | is reasonably practical. The Department shall consult with the |
19 | | Illinois DREAM Fund Commission established under Section 67 of |
20 | | the Higher Education Student Assistance Act regarding the |
21 | | design and promotion of the game. |
22 | | (b) The operation of any games under this Section shall be |
23 | | governed by this Act, and any rules shall be adopted by the |
24 | | Department. |
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1 | | (c) For purposes of this Section, "net revenue" means the |
2 | | total amount for which tickets have been sold less the sum of |
3 | | the amount paid out in prizes and the actual administrative |
4 | | expenses of the Department solely related to the Illinois |
5 | | DREAM scratch-off game. |
6 | | (d) During the time that tickets are sold for the Illinois |
7 | | DREAM scratch-off game, the Department shall not unreasonably |
8 | | diminish the efforts devoted to marketing any other instant |
9 | | scratch-off lottery game. |
10 | | (e) The Department may adopt any rules necessary to |
11 | | implement and administer this Section in consultation with the |
12 | | Illinois DREAM Fund Commission. |
13 | | (Source: P.A. 103-381, eff. 7-28-23.)
|
14 | | Section 5-25. The Illinois Emergency Management Agency Act |
15 | | is amended by changing Section 17.8 as follows:
|
16 | | (20 ILCS 3305/17.8) |
17 | | Sec. 17.8. IEMA State Projects Fund. The IEMA State |
18 | | Projects Fund is created as a trust fund in the State treasury. |
19 | | The Fund shall consist of any moneys appropriated to the |
20 | | Agency for purposes of the Illinois' Not-For-Profit Security |
21 | | Grant Program, a grant program authorized by subsection (g-5) |
22 | | of Section 5 of this Act, to provide funding support for target |
23 | | hardening activities and other physical security enhancements |
24 | | for qualifying not-for-profit organizations that are at high |
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1 | | risk of terrorist attack. The Agency is authorized to use |
2 | | moneys appropriated from the Fund to make grants to |
3 | | not-for-profit organizations for target hardening activities, |
4 | | security personnel, and physical security enhancements and for |
5 | | the payment of administrative expenses associated with the |
6 | | Not-For-Profit Security Grant Program , except that, beginning |
7 | | July 1, 2024, the Agency shall not award grants under this |
8 | | Section to those entities whose primary purpose is to provide |
9 | | medical or mental health services . As used in this Section, |
10 | | "target hardening activities" include, but are not limited to, |
11 | | the purchase and installation of security equipment on real |
12 | | property owned or leased by the not-for-profit organization. |
13 | | Grants, gifts, and moneys from any other source, public or |
14 | | private, may also be deposited into the Fund and used for the |
15 | | purposes authorized by this Act. |
16 | | (Source: P.A. 103-8, eff. 6-7-23.)
|
17 | | Section 5-30. The State Finance Act is amended by changing |
18 | | Sections 5.1015, 6z-27, 6z-32, 6z-47, 6z-70, 6z-111, 8.3, |
19 | | 8.12, 8g-1, 12-2, and 13.2 and by adding Sections 5e-2 and |
20 | | 6z-140 as follows:
|
21 | | (30 ILCS 105/5.1015 new) |
22 | | Sec. 5.1015. The Professions Licensure Fund.
|
23 | | (30 ILCS 105/5e-2 new) |
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1 | | Sec. 5e-2. Transfers from Road Fund. In addition to any |
2 | | other transfers that may be provided for by law, on July 1, |
3 | | 2024, or as soon thereafter as practical, the State |
4 | | Comptroller shall direct and the State Treasurer shall |
5 | | transfer the sum of $20,000,000 from the Road Fund to the |
6 | | Federal/State/Local Airport Fund to be used for purposes |
7 | | consistent with Section 11 of Article IX of the Illinois |
8 | | Constitution. This Section is repealed on January 1, 2026.
|
9 | | (30 ILCS 105/6z-27) |
10 | | Sec. 6z-27. All moneys in the Audit Expense Fund shall be |
11 | | transferred, appropriated and used only for the purposes |
12 | | authorized by, and subject to the limitations and conditions |
13 | | prescribed by, the Illinois State Auditing Act. |
14 | | Within 30 days after July 1, 2024 2023 , or as soon |
15 | | thereafter as practical, the State Comptroller shall order |
16 | | transferred and the State Treasurer shall transfer from the |
17 | | following funds moneys in the specified amounts for deposit |
18 | | into the Audit Expense Fund: |
19 | | Attorney General Court Ordered and Voluntary |
20 | | Compliance Payment Projects Fund ..................$22,470 |
21 | | Aggregate Operations Regulatory Fund .....................$605 |
22 | | Agricultural Premium Fund .............................$21,002 |
23 | | Attorney General's State Projects and |
24 | | Court Ordered Distribution Fund ...................$36,873 |
25 | | Anna Veterans Home Fund ................................$1,205 |
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1 | | Appraisal Administration Fund ..........................$2,670 |
2 | | Attorney General Whistleblower Reward |
3 | | and Protection Fund ..................................$938 |
4 | | Bank and Trust Company Fund ...........................$82,945 |
5 | | Brownfields Redevelopment Fund .........................$1,893 |
6 | | Cannabis Business Development Fund ....................$15,750 |
7 | | Cannabis Expungement Fund ..............................$2,511 |
8 | | Capital Development Board Revolving Fund ...............$4,668 |
9 | | Care Provider Fund for Persons with |
10 | | a Developmental Disability .........................$6,794 |
11 | | CDLIS/AAMVAnet/NMVTIS Trust Fund .......................$1,679 |
12 | | Cemetery Oversight Licensing and Disciplinary Fund .....$6,187 |
13 | | Chicago State University Education Improvement Fund ...$16,893 |
14 | | Chicago Travel Industry Promotion Fund .................$9,146 |
15 | | Child Support Administrative Fund ......................$2,669 |
16 | | Clean Air Act Permit Fund .............................$11,283 |
17 | | Coal Technology Development Assistance Fund ...........$22,087 |
18 | | Community Association Manager |
19 | | Licensing and Disciplinary Fund ....................$1,178 |
20 | | Commitment to Human Services Fund ...................$259,050 |
21 | | Common School Fund ..................................$385,362 |
22 | | Community Mental Health Medicaid Trust Fund ............$6,972 |
23 | | Community Water Supply Laboratory Fund ...................$835 |
24 | | Credit Union Fund .....................................$21,944 |
25 | | Cycle Rider Safety Training Fund .........................$704 |
26 | | DCFS Children's Services Fund ........................$164,036 |
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1 | | Department of Business Services Special Operations Fund .$4,564 |
2 | | Department of Corrections Reimbursement |
3 | | and Education Fund ................................$23,892 |
4 | | Design Professionals Administration |
5 | | and Investigation Fund .............................$3,892 |
6 | | Department of Human Services Community Services Fund ...$6,314 |
7 | | Downstate Public Transportation Fund ..................$40,428 |
8 | | Drivers Education Fund ...................................$904 |
9 | | Drug Rebate Fund ......................................$40,707 |
10 | | Drug Treatment Fund ......................................$810 |
11 | | Drycleaner Environmental Response Trust Fund ...........$1,555 |
12 | | Education Assistance Fund ..........................$2,347,928 |
13 | | Electric Vehicle Rebate Fund ..........................$24,101 |
14 | | Energy Efficiency Trust Fund .............................$955 |
15 | | Energy Transition Assistance Fund ......................$1,193 |
16 | | Environmental Protection Permit and Inspection Fund ...$17,475 |
17 | | Facilities Management Revolving Fund ..................$21,298 |
18 | | Fair and Exposition Fund .................................$782 |
19 | | Federal Asset Forfeiture Fund ..........................$1,195 |
20 | | Federal High Speed Rail Trust Fund .......................$910 |
21 | | Federal Workforce Training Fund ......................$113,609 |
22 | | Feed Control Fund ......................................$1,263 |
23 | | Fertilizer Control Fund ..................................$778 |
24 | | Fire Prevention Fund ...................................$4,470 |
25 | | Freedom Schools Fund .....................................$636 |
26 | | Fund for the Advancement of Education .................$61,767 |
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1 | | General Professions Dedicated Fund ....................$36,108 |
2 | | General Revenue Fund ..............................$17,653,153 |
3 | | Grade Crossing Protection Fund .........................$7,759 |
4 | | Hazardous Waste Fund ...................................$9,036 |
5 | | Health and Human Services Medicaid Trust Fund ............$793 |
6 | | Healthcare Provider Relief Fund ......................$209,863 |
7 | | Historic Property Administrative Fund ....................$791 |
8 | | Horse Racing Fund ....................................$233,685 |
9 | | Hospital Provider Fund ................................$66,984 |
10 | | Illinois Affordable Housing Trust Fund ................$30,424 |
11 | | Illinois Charity Bureau Fund ...........................$2,025 |
12 | | Illinois Clean Water Fund .............................$18,928 |
13 | | Illinois Forestry Development Fund ....................$13,054 |
14 | | Illinois Gaming Law Enforcement Fund ...................$1,411 |
15 | | IMSA Income Fund ......................................$10,499 |
16 | | Illinois Military Family Relief Fund ...................$2,963 |
17 | | Illinois National Guard Construction Fund ..............$4,944 |
18 | | Illinois Power Agency Operations Fund ................$154,375 |
19 | | Illinois State Dental Disciplinary Fund ................$3,947 |
20 | | Illinois State Fair Fund ...............................$5,871 |
21 | | Illinois State Medical Disciplinary Fund ..............$32,809 |
22 | | Illinois State Pharmacy Disciplinary Fund .............$10,993 |
23 | | Illinois Student Assistance Commission |
24 | | Contracts and Grants Fund ............................$950 |
25 | | Illinois Veterans Assistance Fund ......................$2,738 |
26 | | Illinois Veterans' Rehabilitation Fund ...................$685 |
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1 | | Illinois Wildlife Preservation Fund ....................$2,646 |
2 | | Illinois Workers' Compensation Commission |
3 | | Operations Fund ...................................$94,942 |
4 | | Illinois Works Fund ....................................$5,577 |
5 | | Income Tax Refund Fund ...............................$232,364 |
6 | | Insurance Financial Regulation Fund ..................$158,266 |
7 | | Insurance Premium Tax Refund Fund .....................$10,972 |
8 | | Insurance Producer Administration Fund ...............$208,185 |
9 | | International Tourism Fund .............................$1,317 |
10 | | LaSalle Veterans Home Fund .............................$2,656 |
11 | | Law Enforcement Recruitment and Retention Fund ........$10,249 |
12 | | Law Enforcement Training Fund .........................$28,714 |
13 | | LEADS Maintenance Fund ...................................$573 |
14 | | Live and Learn Fund ....................................$8,419 |
15 | | Local Government Distributive Fund ...................$120,745 |
16 | | Local Tourism Fund ....................................$16,582 |
17 | | Long Term Care Ombudsman Fund ............................$635 |
18 | | Long-Term Care Provider Fund ..........................$10,352 |
19 | | Manteno Veterans Home Fund .............................$3,941 |
20 | | Mental Health Fund .....................................$3,560 |
21 | | Mental Health Reporting Fund .............................$878 |
22 | | Military Affairs Trust Fund ............................$1,017 |
23 | | Monitoring Device Driving Permit |
24 | | Administration Fee Fund ..............................$657 |
25 | | Motor Carrier Safety Inspection Fund ...................$1,892 |
26 | | Motor Fuel Tax Fund ..................................$124,570 |
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1 | | Motor Vehicle License Plate Fund .......................$6,363 |
2 | | Nursing Dedicated and Professional Fund ...............$14,671 |
3 | | Off-Highway Vehicle Trails Fund ........................$1,431 |
4 | | Open Space Lands Acquisition and Development Fund .....$67,764 |
5 | | Optometric Licensing and Disciplinary Board Fund .........$922 |
6 | | Parity Advancement Fund ................................$9,349 |
7 | | Partners For Conservation Fund ........................$25,309 |
8 | | Pawnbroker Regulation Fund ...............................$659 |
9 | | Pension Stabilization Fund .............................$3,009 |
10 | | Personal Property Tax Replacement Fund ...............$251,569 |
11 | | Pesticide Control Fund .................................$4,715 |
12 | | Prisoner Review Board Vehicle and Equipment Fund .......$3,035 |
13 | | Professional Services Fund .............................$3,093 |
14 | | Professions Indirect Cost Fund .......................$194,398 |
15 | | Public Pension Regulation Fund .........................$3,519 |
16 | | Public Transportation Fund ...........................$108,264 |
17 | | Quincy Veterans Home Fund .............................$25,455 |
18 | | Real Estate License Administration Fund ...............$27,976 |
19 | | Rebuild Illinois Projects Fund .........................$3,682 |
20 | | Regional Transportation Authority Occupation and Use Tax |
21 | | Replacement Fund ...................................$3,226 |
22 | | Registered Certified Public Accountants' Administration |
23 | | and Disciplinary Fund ..............................$3,213 |
24 | | Renewable Energy Resources Trust Fund ..................$2,463 |
25 | | Rental Housing Support Program Fund ......................$560 |
26 | | Residential Finance Regulatory Fund ...................$21,672 |
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1 | | Road Fund ............................................$524,729 |
2 | | Salmon Fund ..............................................$837 |
3 | | Savings Bank Regulatory Fund .............................$528 |
4 | | School Infrastructure Fund ............................$10,122 |
5 | | Secretary of State DUI Administration Fund .............$1,021 |
6 | | Secretary of State Identification Security and |
7 | | Theft Prevention Fund ..............................$4,877 |
8 | | Secretary of State Special License Plate Fund ..........$1,410 |
9 | | Secretary of State Special Services Fund ..............$11,665 |
10 | | Securities Audit and Enforcement Fund ..................$2,279 |
11 | | Serve Illinois Commission Fund ...........................$950 |
12 | | Snowmobile Trail Establishment Fund ......................$653 |
13 | | Solid Waste Management Fund ...........................$17,540 |
14 | | Special Education Medicaid Matching Fund ...............$2,916 |
15 | | Sports Wagering Fund ..................................$14,696 |
16 | | State Police Law Enforcement Administration Fund .......$3,635 |
17 | | State and Local Sales Tax Reform Fund ..................$6,676 |
18 | | State Asset Forfeiture Fund ............................$1,445 |
19 | | State Aviation Program Fund ............................$2,125 |
20 | | State Construction Account Fund ......................$151,079 |
21 | | State Crime Laboratory Fund ............................$6,342 |
22 | | State Gaming Fund ....................................$216,475 |
23 | | State Garage Revolving Fund ............................$4,892 |
24 | | State Lottery Fund ...................................$106,169 |
25 | | State Pensions Fund .................................$500,000 |
26 | | State Police Firearm Services Fund ....................$16,049 |
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1 | | State Police Services Fund ............................$20,688 |
2 | | State Police Vehicle Fund ..............................$7,562 |
3 | | State Police Whistleblower Reward |
4 | | and Protection Fund ................................$3,858 |
5 | | State Small Business Credit Initiative Fund ...........$20,739 |
6 | | State's Attorneys Appellate |
7 | | Prosecutor's County Fund ..........................$20,621 |
8 | | Subtitle D Management Fund .............................$2,669 |
9 | | Supplemental Low-Income Energy Assistance Fund .......$158,173 |
10 | | Tax Compliance and Administration Fund .................$3,789 |
11 | | Technology Management Revolving Fund .................$620,435 |
12 | | Tobacco Settlement Recovery Fund .......................$4,747 |
13 | | Tourism Promotion Fund ................................$46,998 |
14 | | Traffic and Criminal Conviction Surcharge Fund ........$41,173 |
15 | | Underground Storage Tank Fund .........................$31,314 |
16 | | University of Illinois Hospital Services Fund ..........$3,257 |
17 | | Vehicle Hijacking and Motor Vehicle Theft |
18 | | Prevention and Insurance Verification Trust Fund ...$8,183 |
19 | | Vehicle Inspection Fund ...............................$19,811 |
20 | | Weights and Measures Fund ..............................$3,636 |
21 | | African-American HIV/AIDS Response RESP Fund ...........$1,421 |
22 | | Agricultural Premium Fund ............................$122,719 |
23 | | Alzheimer's Awareness Fund .............................$1,499 |
24 | | Alzheimer's Disease Research, Care, and Support Fund .....$662 |
25 | | Amusement Ride and Patron Safety Fund ..................$6,315 |
26 | | Assisted Living and & Shared Housing Regulatory |
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1 | | House Regulation Fund ..............................$2,564 |
2 | | Capital Development Board Revolving Fund ..............$15,118 |
3 | | Care Provider Fund for Persons with a Developmental |
4 | | Disability ........................................$15,392 |
5 | | Carolyn Adams Ticket For The Cure Grant Fund .............$927 |
6 | | CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial |
7 | | Driver's License Information |
8 | | System/American Association of |
9 | | Motor Vehicle Administrators |
10 | | network/National Motor Vehicle |
11 | | Title Information Service Trust Fund) ..............$5,236 |
12 | | Chicago Police Memorial Foundation Fund ..................$708 |
13 | | Chicago State University Education Improvement Fund ...$13,666 |
14 | | Child Labor and Day and Temporary Labor |
15 | | Services Enforcement Fund .........................$11,991 |
16 | | Child Support Administrative Fund ......................$5,287 |
17 | | Clean Air Act Permit Fund ..............................$1,556 |
18 | | Coal Technology Development Assistance Fund ............$6,936 |
19 | | Common School Fund ...................................$343,892 |
20 | | Community Mental Health Medicaid Trust Fund ...........$14,084 |
21 | | Corporate Franchise Tax Refund Fund ....................$1,096 |
22 | | DCFS Children's Services Fund ..........................$8,766 |
23 | | Death Certificate Surcharge Fund .......................$2,060 |
24 | | Death Penalty Abolition Fund ...........................$2,448 |
25 | | Department of Business Services Service Special |
26 | | Operations Fund ...................................$13,889 |
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1 | | Department of Human Services DHS Community |
2 | | Services Fund ......................................$7,970 |
3 | | Downstate Public Transportation Fund ..................$11,631 |
4 | | Dram Shop Fund .......................................$142,500 |
5 | | Driver Services Administration Fund ....................$1,873 |
6 | | Drug Rebate Fund ......................................$42,473 |
7 | | Drug Treatment Fund ....................................$1,767 |
8 | | Education Assistance Fund ..........................$2,031,292 |
9 | | Emergency Public Health Fund ...........................$5,162 |
10 | | Environmental Protection Permit and Inspection Fund ....$1,447 |
11 | | Estate Tax Refund Fund ...................................$852 |
12 | | Facilities Management Revolving Fund ..................$50,148 |
13 | | Facility Licensing Fund ................................$5,522 |
14 | | Fair and & Exposition Fund .............................$4,248 |
15 | | Feed Control Fund ......................................$7,709 |
16 | | Fertilizer Control Fund ................................$6,849 |
17 | | Fire Prevention Fund ...................................$3,859 |
18 | | Fund for the Advancement of Education .................$24,772 |
19 | | General Assembly Operations Revolving Rev Fund .........$1,146 |
20 | | General Professions Dedicated Fund .....................$4,039 |
21 | | General Revenue Fund ..............................$17,653,153 |
22 | | Governor's Administrative Fund .........................$2,832 |
23 | | Governor's Grant Fund .................................$17,709 |
24 | | Grade Crossing Protection Fund ...........................$930 |
25 | | Grant Accountability and / Transparency Fund .............$805 |
26 | | Guardianship and & Advocacy Fund ......................$14,843 |
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1 | | Hazardous Waste Fund .....................................$835 |
2 | | Health Facility Plan Review Fund .......................$1,776 |
3 | | Health and Human Services Service Medicaid Trust Fund ..$6,554 |
4 | | Healthcare Provider Relief Fund ......................$407,107 |
5 | | Healthy Smiles Fund ......................................$738 |
6 | | Home Care Services Agency Licensure Fund ...............$3,101 |
7 | | Hospital Licensure Fund ................................$1,688 |
8 | | Hospital Provider Fund ...............................$138,829 |
9 | | ICCB Federal Trust Fund ...............................$9,968 |
10 | | ICJIA Violence Prevention Fund ...........................$932 |
11 | | Illinois IL Affordable Housing Trust Fund .............$17,236 |
12 | | Illinois IL Clean Water Fund ...........................$2,152 |
13 | | IL Community College Board |
14 | | Contracts and Grants ...............................9,968 |
15 | | Illinois IL Health Facilities Planning Fund ............$3,094 |
16 | | IMSA Income Fund ......................................$12,417 |
17 | | Illinois IL Power Agency Operations Fund ..............$62,583 |
18 | | Illinois IL School Asbestos Abatement Fund ...............$784 |
19 | | Illinois IL State Fair Fund ...........................$29,752 |
20 | | Illinois IL State Police Memorial Park Fund ..............$681 |
21 | | Illinois Telecommunications IL Telecom Access |
22 | | Corporation Fund ...................................$1,668 |
23 | | Illinois IL Underground Utility Facilities |
24 | | Facility Damage Prevention Fund ....................$4,276 |
25 | | Illinois IL Veterans' Rehabilitation Fund ..............$5,943 |
26 | | Illinois IL Workers' Compensation Commission |
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1 | | Operations Fund ..................................$243,187 |
2 | | Income Tax Refund Fund ................................$54,420 |
3 | | Lead Poisoning Screening, Prevention, and |
4 | | Abatement Fund ....................................$16,379 |
5 | | Live and Learn Fund ...................................$25,492 |
6 | | Lobbyist Registration Administration Fund ..............$1,471 |
7 | | Local Government Distributive Fund ....................$44,025 |
8 | | Long Term Care Monitor/Receiver Receive Fund ..........$42,016 |
9 | | Long-Term Long Term Care Provider Fund ................$13,537 |
10 | | Low-Level Radioactive Low Level Rad Facility |
11 | | Development and Operation Dev & Op Fund ..............$618 |
12 | | Mandatory Arbitration Fund .............................$2,104 |
13 | | Medical Special Purposes Purpose Trust Fund ..............$786 |
14 | | Mental Health Fund .....................................$9,376 |
15 | | Mental Health Reporting Fund ...........................$1,443 |
16 | | Metabolic Screening and & Treatment Fund ..............$32,049 |
17 | | Monitoring Device Driving Permit Administration |
18 | | Fee Fund ...........................................$1,616 |
19 | | Motor Fuel Tax Fund ...................................$36,238 |
20 | | Motor Vehicle License Plate Fund ......................$17,694 |
21 | | Motor Vehicle Theft Prevention and Insurance |
22 | | Verification Trust .................................10,970 |
23 | | Multiple Sclerosis Research Fund .........................$758 |
24 | | Nuclear Safety Emergency Preparedness Fund ............$26,117 |
25 | | Nursing Dedicated and Professional Fund ................$2,420 |
26 | | Open Space Lands Acquisition and & Development Fund ......$658 |
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1 | | Partners For Conservation Fund ........................$89,847 |
2 | | Pension Stabilization Fund .............................$1,031 |
3 | | Personal Property Tax Replacement Fund ...............$290,755 |
4 | | Pesticide Control Fund ................................$30,513 |
5 | | Plumbing Licensure and & Program Fund ..................$6,276 |
6 | | Police Memorial Committee Fund ...........................$813 |
7 | | Professional Services Fund ............................$72,029 |
8 | | Public Health Laboratory Lab Services Revolving |
9 | | Rev Fund ...........................................$5,816 |
10 | | Public Transportation Fund ............................$46,826 |
11 | | Public Utility Fund ..................................$198,423 |
12 | | Radiation Protection Fund .............................$11,034 |
13 | | Renewable Energy Resources Trust Fund ..................$7,834 |
14 | | Road Fund ............................................$226,150 |
15 | | Regional Transportation Authority RTA Occupation |
16 | | and & Use Tax Replacement Fund .....................$1,167 |
17 | | School Infrastructure Fund .............................$7,749 |
18 | | Secretary of State DUI Administration Fund .............$2,694 |
19 | | Secretary of State Identification & Security |
20 | | and Theft Prevention Fund .........................$12,676 |
21 | | Secretary of State Police Services Fund ..................$717 |
22 | | Secretary of State Special License Plate Fund ..........$4,203 |
23 | | Secretary of State Special Services Fund ..............$34,491 |
24 | | Securities Audit and Enforcement Fund ..................$8,198 |
25 | | Solid Waste Management Fund ............................$1,613 |
26 | | Special Olympics Illinois and Special |
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1 | | Children's Charities Fund ............................$852 |
2 | | Special Education Medicaid Matching Fund ...............$5,131 |
3 | | Sports Wagering Fund ...................................$4,450 |
4 | | State and Local Sales Tax Reform Fund ..................$2,361 |
5 | | State Construction Account Fund .......................$37,865 |
6 | | State Gaming Fund .....................................$94,435 |
7 | | State Garage Revolving Fund ............................$8,977 |
8 | | State Lottery Fund ...................................$340,323 |
9 | | State Pensions Fund ..................................$500,000 |
10 | | State Treasurer's Bank Services Trust Fund .............$1,295 |
11 | | Supreme Court Special Purposes Fund ....................$1,722 |
12 | | Tattoo and & Body Piercing Establishment |
13 | | Registration Fund ....................................$950 |
14 | | Tax Compliance and & Administration Fund ...............$1,483 |
15 | | Technology Management Revolving Fund .................$186,193 |
16 | | Tobacco Settlement Recovery Fund ......................$29,864 |
17 | | Tourism Promotion Fund ................................$50,155 |
18 | | Transportation Regulatory Fund ........................$78,256 |
19 | | Trauma Center Fund .....................................$1,960 |
20 | | Underground Storage Tank Fund ..........................$3,630 |
21 | | University of Illinois IL Hospital Services Fund .......$6,712 |
22 | | Vehicle Hijacking and Motor Vehicle |
23 | | Theft Prevention and Insurance |
24 | | Verification Trust Fund ...........................$10,970 |
25 | | Vehicle Inspection Fund ................................$5,069 |
26 | | Weights and Measures Fund .............................$22,129 |
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1 | | Youth Alcoholism and & Substance Abuse Prevention Fund ...$526 |
2 | | Notwithstanding any provision of the law to the contrary, |
3 | | the General Assembly hereby authorizes the use of such funds |
4 | | for the purposes set forth in this Section. |
5 | | These provisions do not apply to funds classified by the |
6 | | Comptroller as federal trust funds or State trust funds. The |
7 | | Audit Expense Fund may receive transfers from those trust |
8 | | funds only as directed herein, except where prohibited by the |
9 | | terms of the trust fund agreement. The Auditor General shall |
10 | | notify the trustees of those funds of the estimated cost of the |
11 | | audit to be incurred under the Illinois State Auditing Act for |
12 | | the fund. The trustees of those funds shall direct the State |
13 | | Comptroller and Treasurer to transfer the estimated amount to |
14 | | the Audit Expense Fund. |
15 | | The Auditor General may bill entities that are not subject |
16 | | to the above transfer provisions, including private entities, |
17 | | related organizations and entities whose funds are |
18 | | locally-held, for the cost of audits, studies, and |
19 | | investigations incurred on their behalf. Any revenues received |
20 | | under this provision shall be deposited into the Audit Expense |
21 | | Fund. |
22 | | In the event that moneys on deposit in any fund are |
23 | | unavailable, by reason of deficiency or any other reason |
24 | | preventing their lawful transfer, the State Comptroller shall |
25 | | order transferred and the State Treasurer shall transfer the |
26 | | amount deficient or otherwise unavailable from the General |
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1 | | Revenue Fund for deposit into the Audit Expense Fund. |
2 | | On or before December 1, 1992, and each December 1 |
3 | | thereafter, the Auditor General shall notify the Governor's |
4 | | Office of Management and Budget (formerly Bureau of the |
5 | | Budget) of the amount estimated to be necessary to pay for |
6 | | audits, studies, and investigations in accordance with the |
7 | | Illinois State Auditing Act during the next succeeding fiscal |
8 | | year for each State fund for which a transfer or reimbursement |
9 | | is anticipated. |
10 | | Beginning with fiscal year 1994 and during each fiscal |
11 | | year thereafter, the Auditor General may direct the State |
12 | | Comptroller and Treasurer to transfer moneys from funds |
13 | | authorized by the General Assembly for that fund. In the event |
14 | | funds, including federal and State trust funds but excluding |
15 | | the General Revenue Fund, are transferred, during fiscal year |
16 | | 1994 and during each fiscal year thereafter, in excess of the |
17 | | amount to pay actual costs attributable to audits, studies, |
18 | | and investigations as permitted or required by the Illinois |
19 | | State Auditing Act or specific action of the General Assembly, |
20 | | the Auditor General shall, on September 30, or as soon |
21 | | thereafter as is practicable, direct the State Comptroller and |
22 | | Treasurer to transfer the excess amount back to the fund from |
23 | | which it was originally transferred. |
24 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
25 | | 103-8, eff. 6-7-23; 103-129, eff. 6-30-23; revised 11-21-23.)
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1 | | (30 ILCS 105/6z-32) |
2 | | Sec. 6z-32. Partners for Planning and Conservation. |
3 | | (a) The Partners for Conservation Fund (formerly known as |
4 | | the Conservation 2000 Fund) and the Partners for Conservation |
5 | | Projects Fund (formerly known as the Conservation 2000 |
6 | | Projects Fund) are created as special funds in the State |
7 | | Treasury. These funds shall be used to establish a |
8 | | comprehensive program to protect Illinois' natural resources |
9 | | through cooperative partnerships between State government and |
10 | | public and private landowners. Moneys in these Funds may be |
11 | | used, subject to appropriation, by the Department of Natural |
12 | | Resources, Environmental Protection Agency, and the Department |
13 | | of Agriculture for purposes relating to natural resource |
14 | | protection, planning, recreation, tourism, climate resilience, |
15 | | and compatible agricultural and economic development |
16 | | activities. Without limiting these general purposes, moneys in |
17 | | these Funds may be used, subject to appropriation, for the |
18 | | following specific purposes: |
19 | | (1) To foster sustainable agriculture practices and |
20 | | control soil erosion, sedimentation, and nutrient loss |
21 | | from farmland, including grants to Soil and Water |
22 | | Conservation Districts for conservation practice |
23 | | cost-share grants and for personnel, educational, and |
24 | | administrative expenses. |
25 | | (2) To establish and protect a system of ecosystems in |
26 | | public and private ownership through conservation |
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1 | | easements, incentives to public and private landowners, |
2 | | natural resource restoration and preservation, water |
3 | | quality protection and improvement, land use and watershed |
4 | | planning, technical assistance and grants, and land |
5 | | acquisition provided these mechanisms are all voluntary on |
6 | | the part of the landowner and do not involve the use of |
7 | | eminent domain. |
8 | | (3) To develop a systematic and long-term program to |
9 | | effectively measure and monitor natural resources and |
10 | | ecological conditions through investments in technology |
11 | | and involvement of scientific experts. |
12 | | (4) To initiate strategies to enhance, use, and |
13 | | maintain Illinois' inland lakes through education, |
14 | | technical assistance, research, and financial incentives. |
15 | | (5) To partner with private landowners and with units |
16 | | of State, federal, and local government and with |
17 | | not-for-profit organizations in order to integrate State |
18 | | and federal programs with Illinois' natural resource |
19 | | protection and restoration efforts and to meet |
20 | | requirements to obtain federal and other funds for |
21 | | conservation or protection of natural resources. |
22 | | (6) To support the State's Nutrient Loss Reduction |
23 | | Strategy, including, but not limited to, funding the |
24 | | resources needed to support the Strategy's Policy Working |
25 | | Group, cover water quality monitoring in support of |
26 | | Strategy implementation, prepare a biennial report on the |
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1 | | progress made on the Strategy every 2 years, and provide |
2 | | cost share funding for nutrient capture projects. |
3 | | (7) To provide capacity grants to support soil and |
4 | | water conservation districts, including, but not limited |
5 | | to, developing soil health plans, conducting soil health |
6 | | assessments, peer-to-peer training, convening |
7 | | producer-led dialogues, professional memberships, lab |
8 | | analysis, and and travel stipends for meetings and |
9 | | educational events. |
10 | | (8) To develop guidelines and local soil health |
11 | | assessments for advancing soil health. |
12 | | (b) The State Comptroller and State Treasurer shall |
13 | | automatically transfer on the last day of each month, |
14 | | beginning on September 30, 1995 and ending on June 30, 2025 |
15 | | 2024 , from the General Revenue Fund to the Partners for |
16 | | Conservation Fund, an amount equal to 1/10 of the amount set |
17 | | forth below in fiscal year 1996 and an amount equal to 1/12 of |
18 | | the amount set forth below in each of the other specified |
19 | | fiscal years: |
|
20 | | Fiscal Year | Amount | |
21 | | 1996 | $ 3,500,000 | |
22 | | 1997 | $ 9,000,000 | |
23 | | 1998 | $10,000,000 | |
24 | | 1999 | $11,000,000 | |
25 | | 2000 | $12,500,000 | |
26 | | 2001 through 2004 | $14,000,000 | |
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1 | | 2005 | $7,000,000 | |
2 | | 2006 | $11,000,000 | |
3 | | 2007 | $0 | |
4 | | 2008 through 2011 | $14,000,000 | |
5 | | 2012 | $12,200,000 | |
6 | | 2013 through 2017 | $14,000,000 | |
7 | | 2018 | $1,500,000 | |
8 | | 2019 | $14,000,000 | |
9 | | 2020 | $7,500,000 | |
10 | | 2021 through 2023 | $14,000,000 | |
11 | | 2024 | $18,000,000 | |
12 | | 2025 | $14,000,000 |
|
13 | | (c) The State Comptroller and State Treasurer shall |
14 | | automatically transfer on the last day of each month beginning |
15 | | on July 31, 2021 and ending June 30, 2022, from the |
16 | | Environmental Protection Permit and Inspection Fund to the |
17 | | Partners for Conservation Fund, an amount equal to 1/12 of |
18 | | $4,135,000. |
19 | | (c-1) The State Comptroller and State Treasurer shall |
20 | | automatically transfer on the last day of each month beginning |
21 | | on July 31, 2022 and ending June 30, 2023, from the |
22 | | Environmental Protection Permit and Inspection Fund to the |
23 | | Partners for Conservation Fund, an amount equal to 1/12 of |
24 | | $5,900,000. |
25 | | (d) There shall be deposited into the Partners for |
26 | | Conservation Projects Fund such bond proceeds and other moneys |
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1 | | as may, from time to time, be provided by law. |
2 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
3 | | 103-8, eff. 6-7-23; 103-494, eff. 8-4-23; revised 9-7-23.)
|
4 | | (30 ILCS 105/6z-47) |
5 | | Sec. 6z-47. Fund for Illinois' Future. |
6 | | (a) The Fund for Illinois' Future is hereby created as a |
7 | | special fund in the State Treasury. |
8 | | (b) On June 15, 1999 ( Upon the effective date of Public Act |
9 | | 91-38) this amendatory Act of the 91st General Assembly , or as |
10 | | soon as possible thereafter, the Comptroller shall order |
11 | | transferred and the Treasurer shall transfer $260,000,000 from |
12 | | the General Revenue Fund to the Fund for Illinois' Future. |
13 | | On July 15, 2000, or as soon as possible thereafter, the |
14 | | Comptroller shall order transferred and the Treasurer shall |
15 | | transfer $260,000,000 from the General Revenue Fund to the |
16 | | Fund for Illinois' Future. |
17 | | Revenues in the Fund for Illinois' Future shall include |
18 | | any other funds appropriated or transferred into the Fund. |
19 | | (c) Moneys in the Fund for Illinois' Future may be |
20 | | appropriated for the making of grants and expenditures for |
21 | | planning, engineering, acquisition, construction, |
22 | | reconstruction, development, improvement, and extension of |
23 | | public infrastructure in the State of Illinois, including |
24 | | grants to local governments for public infrastructure, grants |
25 | | to public elementary and secondary school districts for public |
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1 | | infrastructure, grants to universities, colleges, community |
2 | | colleges, and non-profit corporations for public |
3 | | infrastructure, and expenditures for public infrastructure of |
4 | | the State and other related purposes, including but not |
5 | | limited to expenditures for equipment, vehicles, community |
6 | | programs, and recreational facilities. |
7 | | (d) Moneys in the Fund for Illinois' Future may also be |
8 | | appropriated for the making of grants to local governments, |
9 | | public and private elementary and secondary schools, |
10 | | non-profit corporations, and community-based providers for |
11 | | costs associated with violence prevention, community |
12 | | development, educational programs, social services, community |
13 | | programs, and operational expenses. |
14 | | (Source: P.A. 91-38, eff. 6-15-99.)
|
15 | | (30 ILCS 105/6z-70) |
16 | | Sec. 6z-70. The Secretary of State Identification Security |
17 | | and Theft Prevention Fund. |
18 | | (a) The Secretary of State Identification Security and |
19 | | Theft Prevention Fund is created as a special fund in the State |
20 | | treasury. The Fund shall consist of any fund transfers, |
21 | | grants, fees, or moneys from other sources received for the |
22 | | purpose of funding identification security and theft |
23 | | prevention measures. |
24 | | (b) All moneys in the Secretary of State Identification |
25 | | Security and Theft Prevention Fund shall be used, subject to |
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1 | | appropriation, for any costs related to implementing |
2 | | identification security and theft prevention measures. |
3 | | (c) (Blank). |
4 | | (d) (Blank). |
5 | | (e) (Blank). |
6 | | (f) (Blank). |
7 | | (g) (Blank). |
8 | | (h) (Blank). |
9 | | (i) (Blank). |
10 | | (j) (Blank). |
11 | | (k) (Blank). |
12 | | (l) (Blank). |
13 | | (m) (Blank). |
14 | | (n) (Blank). |
15 | | (o) (Blank). Notwithstanding any other provision of State |
16 | | law to the contrary, on or after July 1, 2022, and until June |
17 | | 30, 2023, in addition to any other transfers that may be |
18 | | provided for by law, at the direction of and upon notification |
19 | | of the Secretary of State, the State Comptroller shall direct |
20 | | and the State Treasurer shall transfer amounts into the |
21 | | Secretary of State Identification Security and Theft |
22 | | Prevention Fund from the designated funds not exceeding the |
23 | | following totals: |
24 | | Division of Corporations Registered Limited |
25 | | Liability Partnership Fund ...................$400,000 |
26 | | Department of Business Services Special |
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1 | | Operations Fund ............................$5,500,000 |
2 | | Securities Audit and Enforcement Fund ..........$4,000,000 |
3 | | Corporate Franchise Tax Refund Fund ............$4,000,000 |
4 | | (p) Notwithstanding any other provision of State law to |
5 | | the contrary, on or after July 1, 2023, and until June 30, |
6 | | 2024, in addition to any other transfers that may be provided |
7 | | for by law, at the direction of and upon notification of the |
8 | | Secretary of State, the State Comptroller shall direct and the |
9 | | State Treasurer shall transfer amounts into the Secretary of |
10 | | State Identification Security and Theft Prevention Fund from |
11 | | the designated funds not exceeding the following totals: |
12 | | Division of Corporations Registered Limited |
13 | | Liability Partnership Fund ..................$400,000 |
14 | | Department of Business Services Special |
15 | | Operations Fund ...........................$5,500,000 |
16 | | Securities Audit and Enforcement Fund .........$4,000,000 |
17 | | (q) Notwithstanding any other provision of State law to |
18 | | the contrary, on or after July 1, 2024, and until June 30, |
19 | | 2025, in addition to any other transfers that may be provided |
20 | | for by law, at the direction of and upon notification of the |
21 | | Secretary of State, the State Comptroller shall direct and the |
22 | | State Treasurer shall transfer amounts into the Secretary of |
23 | | State Identification Security and Theft Prevention Fund from |
24 | | the designated funds not exceeding the following totals: |
25 | | Division of Corporations Registered Limited |
26 | | Liability Partnership Fund ...................$400,000 |
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1 | | Department of Business Services Special |
2 | | Operations Fund ............................$5,500,000 |
3 | | Securities Audit and Enforcement Fund ..........$4,000,000 |
4 | | Corporate Franchise Tax Refund Fund ............$3,000,000 |
5 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
6 | | 103-8, eff. 6-7-23.)
|
7 | | (30 ILCS 105/6z-111) |
8 | | Sec. 6z-111. Rebuild Illinois Projects Fund. |
9 | | (a) The Rebuild Illinois Projects Fund is created as a |
10 | | special fund in the State treasury and shall receive moneys |
11 | | from the collection of license fees on initial licenses issued |
12 | | for newly licensed gaming facilities or wagering platforms in |
13 | | Fiscal Year 2019 or thereafter, and any other moneys |
14 | | appropriated or transferred to it as provided by law. |
15 | | (b) Money in the Rebuild Illinois Projects Fund shall be |
16 | | used, subject to appropriation, for grants that support |
17 | | community development, including capital projects and other |
18 | | purposes authorized by law. |
19 | | (Source: P.A. 101-30, eff. 6-28-19.)
|
20 | | (30 ILCS 105/6z-140 new) |
21 | | Sec. 6z-140. Professions Licensure Fund. The Professions |
22 | | Licensure Fund is created as a special fund in the State |
23 | | treasury. The Fund may receive revenue from any authorized |
24 | | source, including, but not limited to, gifts, grants, awards, |
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1 | | transfers, and appropriations. Subject to appropriation, the |
2 | | Department of Financial and Professional Regulation may use |
3 | | moneys in the Fund for costs directly associated with the |
4 | | procurement of electronic data processing software, licenses, |
5 | | or any other information technology system products and for |
6 | | the ongoing costs of electronic data processing software, |
7 | | licenses, or other information technology system products |
8 | | related to the granting, renewal, or administration of all |
9 | | licenses under the Department's jurisdiction.
|
10 | | (30 ILCS 105/8.3) |
11 | | Sec. 8.3. Money in the Road Fund shall, if and when the |
12 | | State of Illinois incurs any bonded indebtedness for the |
13 | | construction of permanent highways, be set aside and used for |
14 | | the purpose of paying and discharging annually the principal |
15 | | and interest on that bonded indebtedness then due and payable, |
16 | | and for no other purpose. The surplus, if any, in the Road Fund |
17 | | after the payment of principal and interest on that bonded |
18 | | indebtedness then annually due shall be used as follows: |
19 | | first -- to pay the cost of administration of Chapters |
20 | | 2 through 10 of the Illinois Vehicle Code, except the cost |
21 | | of administration of Articles I and II of Chapter 3 of that |
22 | | Code, and to pay the costs of the Executive Ethics |
23 | | Commission for oversight and administration of the Chief |
24 | | Procurement Officer appointed under paragraph (2) of |
25 | | subsection (a) of Section 10-20 of the Illinois |
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1 | | Procurement Code for transportation; and |
2 | | secondly -- for expenses of the Department of |
3 | | Transportation for construction, reconstruction, |
4 | | improvement, repair, maintenance, operation, and |
5 | | administration of highways in accordance with the |
6 | | provisions of laws relating thereto, or for any purpose |
7 | | related or incident to and connected therewith, including |
8 | | the separation of grades of those highways with railroads |
9 | | and with highways and including the payment of awards made |
10 | | by the Illinois Workers' Compensation Commission under the |
11 | | terms of the Workers' Compensation Act or Workers' |
12 | | Occupational Diseases Act for injury or death of an |
13 | | employee of the Division of Highways in the Department of |
14 | | Transportation; or for the acquisition of land and the |
15 | | erection of buildings for highway purposes, including the |
16 | | acquisition of highway right-of-way or for investigations |
17 | | to determine the reasonably anticipated future highway |
18 | | needs; or for making of surveys, plans, specifications and |
19 | | estimates for and in the construction and maintenance of |
20 | | flight strips and of highways necessary to provide access |
21 | | to military and naval reservations, to defense industries |
22 | | and defense-industry sites, and to the sources of raw |
23 | | materials and for replacing existing highways and highway |
24 | | connections shut off from general public use at military |
25 | | and naval reservations and defense-industry sites, or for |
26 | | the purchase of right-of-way, except that the State shall |
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1 | | be reimbursed in full for any expense incurred in building |
2 | | the flight strips; or for the operating and maintaining of |
3 | | highway garages; or for patrolling and policing the public |
4 | | highways and conserving the peace; or for the operating |
5 | | expenses of the Department relating to the administration |
6 | | of public transportation programs; or, during fiscal year |
7 | | 2023, for the purposes of a grant not to exceed $8,394,800 |
8 | | to the Regional Transportation Authority on behalf of PACE |
9 | | for the purpose of ADA/Para-transit expenses; or, during |
10 | | fiscal year 2024, for the purposes of a grant not to exceed |
11 | | $9,108,400 to the Regional Transportation Authority on |
12 | | behalf of PACE for the purpose of ADA/Para-transit |
13 | | expenses; or, during fiscal year 2025, for the purposes of |
14 | | a grant not to exceed $10,020,000 to the Regional |
15 | | Transportation Authority on behalf of PACE for the purpose |
16 | | of ADA/Para-transit expenses; or for any of those purposes |
17 | | or any other purpose that may be provided by law. |
18 | | Appropriations for any of those purposes are payable from |
19 | | the Road Fund. Appropriations may also be made from the Road |
20 | | Fund for the administrative expenses of any State agency that |
21 | | are related to motor vehicles or arise from the use of motor |
22 | | vehicles. |
23 | | Beginning with fiscal year 1980 and thereafter, no Road |
24 | | Fund monies shall be appropriated to the following Departments |
25 | | or agencies of State government for administration, grants, or |
26 | | operations; but this limitation is not a restriction upon |
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1 | | appropriating for those purposes any Road Fund monies that are |
2 | | eligible for federal reimbursement: |
3 | | 1. Department of Public Health; |
4 | | 2. Department of Transportation, only with respect to |
5 | | subsidies for one-half fare Student Transportation and |
6 | | Reduced Fare for Elderly, except fiscal year 2023 when no |
7 | | more than $17,570,000 may be expended and except fiscal |
8 | | year 2024 when no more than $19,063,500 may be expended |
9 | | and except fiscal year 2025 when no more than $20,969,900 |
10 | | may be expended ; |
11 | | 3. Department of Central Management Services, except |
12 | | for expenditures incurred for group insurance premiums of |
13 | | appropriate personnel; |
14 | | 4. Judicial Systems and Agencies. |
15 | | Beginning with fiscal year 1981 and thereafter, no Road |
16 | | Fund monies shall be appropriated to the following Departments |
17 | | or agencies of State government for administration, grants, or |
18 | | operations; but this limitation is not a restriction upon |
19 | | appropriating for those purposes any Road Fund monies that are |
20 | | eligible for federal reimbursement: |
21 | | 1. Illinois State Police, except for expenditures with |
22 | | respect to the Division of Patrol and Division of Criminal |
23 | | Investigation; |
24 | | 2. Department of Transportation, only with respect to |
25 | | Intercity Rail Subsidies, except fiscal year 2023 when no |
26 | | more than $55,000,000 may be expended and except fiscal |
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1 | | year 2024 when no more than $60,000,000 may be expended |
2 | | and except fiscal year 2025 when no more than $67,000,000 |
3 | | may be expended , and Rail Freight Services. |
4 | | Beginning with fiscal year 1982 and thereafter, no Road |
5 | | Fund monies shall be appropriated to the following Departments |
6 | | or agencies of State government for administration, grants, or |
7 | | operations; but this limitation is not a restriction upon |
8 | | appropriating for those purposes any Road Fund monies that are |
9 | | eligible for federal reimbursement: Department of Central |
10 | | Management Services, except for awards made by the Illinois |
11 | | Workers' Compensation Commission under the terms of the |
12 | | Workers' Compensation Act or Workers' Occupational Diseases |
13 | | Act for injury or death of an employee of the Division of |
14 | | Highways in the Department of Transportation. |
15 | | Beginning with fiscal year 1984 and thereafter, no Road |
16 | | Fund monies shall be appropriated to the following Departments |
17 | | or agencies of State government for administration, grants, or |
18 | | operations; but this limitation is not a restriction upon |
19 | | appropriating for those purposes any Road Fund monies that are |
20 | | eligible for federal reimbursement: |
21 | | 1. Illinois State Police, except not more than 40% of |
22 | | the funds appropriated for the Division of Patrol and |
23 | | Division of Criminal Investigation; |
24 | | 2. State Officers. |
25 | | Beginning with fiscal year 1984 and thereafter, no Road |
26 | | Fund monies shall be appropriated to any Department or agency |
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1 | | of State government for administration, grants, or operations |
2 | | except as provided hereafter; but this limitation is not a |
3 | | restriction upon appropriating for those purposes any Road |
4 | | Fund monies that are eligible for federal reimbursement. It |
5 | | shall not be lawful to circumvent the above appropriation |
6 | | limitations by governmental reorganization or other methods. |
7 | | Appropriations shall be made from the Road Fund only in |
8 | | accordance with the provisions of this Section. |
9 | | Money in the Road Fund shall, if and when the State of |
10 | | Illinois incurs any bonded indebtedness for the construction |
11 | | of permanent highways, be set aside and used for the purpose of |
12 | | paying and discharging during each fiscal year the principal |
13 | | and interest on that bonded indebtedness as it becomes due and |
14 | | payable as provided in the Transportation Bond Act, and for no |
15 | | other purpose. The surplus, if any, in the Road Fund after the |
16 | | payment of principal and interest on that bonded indebtedness |
17 | | then annually due shall be used as follows: |
18 | | first -- to pay the cost of administration of Chapters |
19 | | 2 through 10 of the Illinois Vehicle Code; and |
20 | | secondly -- no Road Fund monies derived from fees, |
21 | | excises, or license taxes relating to registration, |
22 | | operation and use of vehicles on public highways or to |
23 | | fuels used for the propulsion of those vehicles, shall be |
24 | | appropriated or expended other than for costs of |
25 | | administering the laws imposing those fees, excises, and |
26 | | license taxes, statutory refunds and adjustments allowed |
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1 | | thereunder, administrative costs of the Department of |
2 | | Transportation, including, but not limited to, the |
3 | | operating expenses of the Department relating to the |
4 | | administration of public transportation programs, payment |
5 | | of debts and liabilities incurred in construction and |
6 | | reconstruction of public highways and bridges, acquisition |
7 | | of rights-of-way for and the cost of construction, |
8 | | reconstruction, maintenance, repair, and operation of |
9 | | public highways and bridges under the direction and |
10 | | supervision of the State, political subdivision, or |
11 | | municipality collecting those monies, or during fiscal |
12 | | year 2023 for the purposes of a grant not to exceed |
13 | | $8,394,800 to the Regional Transportation Authority on |
14 | | behalf of PACE for the purpose of ADA/Para-transit |
15 | | expenses, or during fiscal year 2024 for the purposes of a |
16 | | grant not to exceed $9,108,400 to the Regional |
17 | | Transportation Authority on behalf of PACE for the purpose |
18 | | of ADA/Para-transit expenses, or during fiscal year 2025 |
19 | | for the purposes of a grant not to exceed $10,020,000 to |
20 | | the Regional Transportation Authority on behalf of PACE |
21 | | for the purpose of ADA/Para-transit expenses, and the |
22 | | costs for patrolling and policing the public highways (by |
23 | | the State, political subdivision, or municipality |
24 | | collecting that money) for enforcement of traffic laws. |
25 | | The separation of grades of such highways with railroads |
26 | | and costs associated with protection of at-grade highway |
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1 | | and railroad crossing shall also be permissible. |
2 | | Appropriations for any of such purposes are payable from |
3 | | the Road Fund or the Grade Crossing Protection Fund as |
4 | | provided in Section 8 of the Motor Fuel Tax Law. |
5 | | Except as provided in this paragraph, beginning with |
6 | | fiscal year 1991 and thereafter, no Road Fund monies shall be |
7 | | appropriated to the Illinois State Police for the purposes of |
8 | | this Section in excess of its total fiscal year 1990 Road Fund |
9 | | appropriations for those purposes unless otherwise provided in |
10 | | Section 5g of this Act. For fiscal years 2003, 2004, 2005, |
11 | | 2006, and 2007 only, no Road Fund monies shall be appropriated |
12 | | to the Department of State Police for the purposes of this |
13 | | Section in excess of $97,310,000. For fiscal year 2008 only, |
14 | | no Road Fund monies shall be appropriated to the Department of |
15 | | State Police for the purposes of this Section in excess of |
16 | | $106,100,000. For fiscal year 2009 only, no Road Fund monies |
17 | | shall be appropriated to the Department of State Police for |
18 | | the purposes of this Section in excess of $114,700,000. |
19 | | Beginning in fiscal year 2010, no Road Fund road fund moneys |
20 | | shall be appropriated to the Illinois State Police. It shall |
21 | | not be lawful to circumvent this limitation on appropriations |
22 | | by governmental reorganization or other methods unless |
23 | | otherwise provided in Section 5g of this Act. |
24 | | In fiscal year 1994, no Road Fund monies shall be |
25 | | appropriated to the Secretary of State for the purposes of |
26 | | this Section in excess of the total fiscal year 1991 Road Fund |
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1 | | appropriations to the Secretary of State for those purposes, |
2 | | plus $9,800,000. It shall not be lawful to circumvent this |
3 | | limitation on appropriations by governmental reorganization or |
4 | | other method. |
5 | | Beginning with fiscal year 1995 and thereafter, no Road |
6 | | Fund monies shall be appropriated to the Secretary of State |
7 | | for the purposes of this Section in excess of the total fiscal |
8 | | year 1994 Road Fund appropriations to the Secretary of State |
9 | | for those purposes. It shall not be lawful to circumvent this |
10 | | limitation on appropriations by governmental reorganization or |
11 | | other methods. |
12 | | Beginning with fiscal year 2000, total Road Fund |
13 | | appropriations to the Secretary of State for the purposes of |
14 | | this Section shall not exceed the amounts specified for the |
15 | | following fiscal years: |
|
16 | | Fiscal Year 2000 | $80,500,000; | |
17 | | Fiscal Year 2001 | $80,500,000; | |
18 | | Fiscal Year 2002 | $80,500,000; | |
19 | | Fiscal Year 2003 | $130,500,000; | |
20 | | Fiscal Year 2004 | $130,500,000; | |
21 | | Fiscal Year 2005 | $130,500,000; | |
22 | | Fiscal Year 2006 | $130,500,000; | |
23 | | Fiscal Year 2007 | $130,500,000; | |
24 | | Fiscal Year 2008 | $130,500,000; | |
25 | | Fiscal Year 2009 | $130,500,000. |
|
26 | | For fiscal year 2010, no road fund moneys shall be |
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1 | | appropriated to the Secretary of State. |
2 | | Beginning in fiscal year 2011, moneys in the Road Fund |
3 | | shall be appropriated to the Secretary of State for the |
4 | | exclusive purpose of paying refunds due to overpayment of fees |
5 | | related to Chapter 3 of the Illinois Vehicle Code unless |
6 | | otherwise provided for by law. |
7 | | Beginning in fiscal year 2025, moneys in the Road Fund may |
8 | | be appropriated to the Environmental Protection Agency for the |
9 | | exclusive purpose of making deposits into the Electric Vehicle |
10 | | Rebate Fund, subject to appropriation, to be used for purposes |
11 | | consistent with Section 11 of Article IX of the Illinois |
12 | | Constitution. |
13 | | It shall not be lawful to circumvent this limitation on |
14 | | appropriations by governmental reorganization or other |
15 | | methods. |
16 | | No new program may be initiated in fiscal year 1991 and |
17 | | thereafter that is not consistent with the limitations imposed |
18 | | by this Section for fiscal year 1984 and thereafter, insofar |
19 | | as appropriation of Road Fund monies is concerned. |
20 | | Nothing in this Section prohibits transfers from the Road |
21 | | Fund to the State Construction Account Fund under Section 5e |
22 | | of this Act; nor to the General Revenue Fund, as authorized by |
23 | | Public Act 93-25. |
24 | | The additional amounts authorized for expenditure in this |
25 | | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91 |
26 | | shall be repaid to the Road Fund from the General Revenue Fund |
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1 | | in the next succeeding fiscal year that the General Revenue |
2 | | Fund has a positive budgetary balance, as determined by |
3 | | generally accepted accounting principles applicable to |
4 | | government. |
5 | | The additional amounts authorized for expenditure by the |
6 | | Secretary of State and the Department of State Police in this |
7 | | Section by Public Act 94-91 shall be repaid to the Road Fund |
8 | | from the General Revenue Fund in the next succeeding fiscal |
9 | | year that the General Revenue Fund has a positive budgetary |
10 | | balance, as determined by generally accepted accounting |
11 | | principles applicable to government. |
12 | | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; |
13 | | 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. |
14 | | 6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.)
|
15 | | (30 ILCS 105/8.12) (from Ch. 127, par. 144.12) |
16 | | Sec. 8.12. State Pensions Fund. |
17 | | (a) The moneys in the State Pensions Fund shall be used |
18 | | exclusively for the administration of the Revised Uniform |
19 | | Unclaimed Property Act and for the expenses incurred by the |
20 | | Auditor General for administering the provisions of Section |
21 | | 2-8.1 of the Illinois State Auditing Act and for operational |
22 | | expenses of the Office of the State Treasurer and for the |
23 | | funding of the unfunded liabilities of the designated |
24 | | retirement systems. For the purposes of this Section, |
25 | | "operational expenses of the Office of the State Treasurer" |
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1 | | includes the acquisition of land and buildings in State fiscal |
2 | | years 2019 and 2020 for use by the Office of the State |
3 | | Treasurer, as well as construction, reconstruction, |
4 | | improvement, repair, and maintenance, in accordance with the |
5 | | provisions of laws relating thereto, of such lands and |
6 | | buildings beginning in State fiscal year 2019 and thereafter. |
7 | | Beginning in State fiscal year 2026 2025 , payments to the |
8 | | designated retirement systems under this Section shall be in |
9 | | addition to, and not in lieu of, any State contributions |
10 | | required under the Illinois Pension Code. |
11 | | "Designated retirement systems" means: |
12 | | (1) the State Employees' Retirement System of |
13 | | Illinois; |
14 | | (2) the Teachers' Retirement System of the State of |
15 | | Illinois; |
16 | | (3) the State Universities Retirement System; |
17 | | (4) the Judges Retirement System of Illinois; and |
18 | | (5) the General Assembly Retirement System. |
19 | | (b) Each year the General Assembly may make appropriations |
20 | | from the State Pensions Fund for the administration of the |
21 | | Revised Uniform Unclaimed Property Act. |
22 | | (c) (Blank). |
23 | | (c-5) For fiscal years 2006 through 2025 2024 , the General |
24 | | Assembly shall appropriate from the State Pensions Fund to the |
25 | | State Universities Retirement System the amount estimated to |
26 | | be available during the fiscal year in the State Pensions |
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1 | | Fund; provided, however, that the amounts appropriated under |
2 | | this subsection (c-5) shall not reduce the amount in the State |
3 | | Pensions Fund below $5,000,000. |
4 | | (c-6) For fiscal year 2026 2025 and each fiscal year |
5 | | thereafter, as soon as may be practical after any money is |
6 | | deposited into the State Pensions Fund from the Unclaimed |
7 | | Property Trust Fund, the State Treasurer shall apportion the |
8 | | deposited amount among the designated retirement systems as |
9 | | defined in subsection (a) to reduce their actuarial reserve |
10 | | deficiencies. The State Comptroller and State Treasurer shall |
11 | | pay the apportioned amounts to the designated retirement |
12 | | systems to fund the unfunded liabilities of the designated |
13 | | retirement systems. The amount apportioned to each designated |
14 | | retirement system shall constitute a portion of the amount |
15 | | estimated to be available for appropriation from the State |
16 | | Pensions Fund that is the same as that retirement system's |
17 | | portion of the total actual reserve deficiency of the systems, |
18 | | as determined annually by the Governor's Office of Management |
19 | | and Budget at the request of the State Treasurer. The amounts |
20 | | apportioned under this subsection shall not reduce the amount |
21 | | in the State Pensions Fund below $5,000,000. |
22 | | (d) The Governor's Office of Management and Budget shall |
23 | | determine the individual and total reserve deficiencies of the |
24 | | designated retirement systems. For this purpose, the |
25 | | Governor's Office of Management and Budget shall utilize the |
26 | | latest available audit and actuarial reports of each of the |
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1 | | (o) (Blank). |
2 | | (p) (Blank). |
3 | | (q) (Blank). |
4 | | (r) (Blank). |
5 | | (s) (Blank). |
6 | | (t) (Blank). |
7 | | (u) (Blank). In addition to any other transfers that may |
8 | | be provided for by law, on July 1, 2021, or as soon thereafter |
9 | | as practical, only as directed by the Director of the |
10 | | Governor's Office of Management and Budget, the State |
11 | | Comptroller shall direct and the State Treasurer shall |
12 | | transfer the sum of $5,000,000 from the General Revenue Fund |
13 | | to the DoIT Special Projects Fund, and on June 1, 2022, or as |
14 | | soon thereafter as practical, but no later than June 30, 2022, |
15 | | the State Comptroller shall direct and the State Treasurer |
16 | | shall transfer the sum so transferred from the DoIT Special |
17 | | Projects Fund to the General Revenue Fund. |
18 | | (v) (Blank). In addition to any other transfers that may |
19 | | be provided for by law, on July 1, 2021, or as soon thereafter |
20 | | as practical, the State Comptroller shall direct and the State |
21 | | Treasurer shall transfer the sum of $500,000 from the General |
22 | | Revenue Fund to the Governor's Administrative Fund. |
23 | | (w) (Blank). In addition to any other transfers that may |
24 | | be provided for by law, on July 1, 2021, or as soon thereafter |
25 | | as practical, the State Comptroller shall direct and the State |
26 | | Treasurer shall transfer the sum of $500,000 from the General |
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1 | | Revenue Fund to the Grant Accountability and Transparency |
2 | | Fund. |
3 | | (x) (Blank). In addition to any other transfers that may |
4 | | be provided for by law, at a time or times during Fiscal Year |
5 | | 2022 as directed by the Governor, the State Comptroller shall |
6 | | direct and the State Treasurer shall transfer up to a total of |
7 | | $20,000,000 from the General Revenue Fund to the Illinois |
8 | | Sports Facilities Fund to be credited to the Advance Account |
9 | | within the Fund. |
10 | | (y) (Blank). In addition to any other transfers that may |
11 | | be provided for by law, on June 15, 2021, or as soon thereafter |
12 | | as practical, but no later than June 30, 2021, the State |
13 | | Comptroller shall direct and the State Treasurer shall |
14 | | transfer the sum of $100,000,000 from the General Revenue Fund |
15 | | to the Technology Management Revolving Fund. |
16 | | (z) (Blank). In addition to any other transfers that may |
17 | | be provided for by law, on April 19, 2022 (the effective date |
18 | | of Public Act 102-699), or as soon thereafter as practical, |
19 | | but no later than June 30, 2022, the State Comptroller shall |
20 | | direct and the State Treasurer shall transfer the sum of |
21 | | $148,000,000 from the General Revenue Fund to the Build |
22 | | Illinois Bond Fund. |
23 | | (aa) (Blank). In addition to any other transfers that may |
24 | | be provided for by law, on April 19, 2022 (the effective date |
25 | | of Public Act 102-699), or as soon thereafter as practical, |
26 | | but no later than June 30, 2022, the State Comptroller shall |
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1 | | direct and the State Treasurer shall transfer the sum of |
2 | | $180,000,000 from the General Revenue Fund to the Rebuild |
3 | | Illinois Projects Fund. |
4 | | (bb) (Blank). In addition to any other transfers that may |
5 | | be provided for by law, on July 1, 2022, or as soon thereafter |
6 | | as practical, the State Comptroller shall direct and the State |
7 | | Treasurer shall transfer the sum of $500,000 from the General |
8 | | Revenue Fund to the Governor's Administrative Fund. |
9 | | (cc) (Blank). In addition to any other transfers that may |
10 | | be provided for by law, on July 1, 2022, or as soon thereafter |
11 | | as practical, the State Comptroller shall direct and the State |
12 | | Treasurer shall transfer the sum of $500,000 from the General |
13 | | Revenue Fund to the Grant Accountability and Transparency |
14 | | Fund. |
15 | | (dd) (Blank). In addition to any other transfers that may |
16 | | be provided by law, on April 19, 2022 (the effective date of |
17 | | Public Act 102-700), or as soon thereafter as practical, but |
18 | | no later than June 30, 2022, the State Comptroller shall |
19 | | direct and the State Treasurer shall transfer the sum of |
20 | | $685,000,000 from the General Revenue Fund to the Income Tax |
21 | | Refund Fund. Moneys from this transfer shall be used for the |
22 | | purpose of making the one-time rebate payments provided under |
23 | | Section 212.1 of the Illinois Income Tax Act. |
24 | | (ee) (Blank). In addition to any other transfers that may |
25 | | be provided by law, beginning on April 19, 2022 (the effective |
26 | | date of Public Act 102-700) and until December 31, 2023, at the |
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1 | | direction of the Department of Revenue, the State Comptroller |
2 | | shall direct and the State Treasurer shall transfer from the |
3 | | General Revenue Fund to the Income Tax Refund Fund any amounts |
4 | | needed beyond the amounts transferred in subsection (dd) to |
5 | | make payments of the one-time rebate payments provided under |
6 | | Section 212.1 of the Illinois Income Tax Act. |
7 | | (ff) (Blank). In addition to any other transfers that may |
8 | | be provided for by law, on April 19, 2022 (the effective date |
9 | | of Public Act 102-700), or as soon thereafter as practical, |
10 | | but no later than June 30, 2022, the State Comptroller shall |
11 | | direct and the State Treasurer shall transfer the sum of |
12 | | $720,000,000 from the General Revenue Fund to the Budget |
13 | | Stabilization Fund. |
14 | | (gg) (Blank). In addition to any other transfers that may |
15 | | be provided for by law, on July 1, 2022, or as soon thereafter |
16 | | as practical, the State Comptroller shall direct and the State |
17 | | Treasurer shall transfer the sum of $280,000,000 from the |
18 | | General Revenue Fund to the Budget Stabilization Fund. |
19 | | (hh) (Blank). In addition to any other transfers that may |
20 | | be provided for by law, on July 1, 2022, or as soon thereafter |
21 | | as practical, the State Comptroller shall direct and the State |
22 | | Treasurer shall transfer the sum of $200,000,000 from the |
23 | | General Revenue Fund to the Pension Stabilization Fund. |
24 | | (ii) (Blank). In addition to any other transfers that may |
25 | | be provided for by law, on January 1, 2023, or as soon |
26 | | thereafter as practical, the State Comptroller shall direct |
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1 | | and the State Treasurer shall transfer the sum of $850,000,000 |
2 | | from the General Revenue Fund to the Budget Stabilization |
3 | | Fund. |
4 | | (jj) (Blank). In addition to any other transfers that may |
5 | | be provided for by law, at a time or times during Fiscal Year |
6 | | 2023 as directed by the Governor, the State Comptroller shall |
7 | | direct and the State Treasurer shall transfer up to a total of |
8 | | $400,000,000 from the General Revenue Fund to the Large |
9 | | Business Attraction Fund. |
10 | | (kk) (Blank). In addition to any other transfers that may |
11 | | be provided for by law, on January 1, 2023, or as soon |
12 | | thereafter as practical, the State Comptroller shall direct |
13 | | and the State Treasurer shall transfer the sum of $72,000,000 |
14 | | from the General Revenue Fund to the Disaster Response and |
15 | | Recovery Fund. |
16 | | (ll) (Blank). In addition to any other transfers that may |
17 | | be provided for by law, on the effective date of the changes |
18 | | made to this Section by this amendatory Act of the 103rd |
19 | | General Assembly, or as soon thereafter as practical, but no |
20 | | later than June 30, 2023, the State Comptroller shall direct |
21 | | and the State Treasurer shall transfer the sum of $200,000,000 |
22 | | from the General Revenue Fund to the Pension Stabilization |
23 | | Fund. |
24 | | (mm) In addition to any other transfers that may be |
25 | | provided for by law, beginning on the effective date of the |
26 | | changes made to this Section by this amendatory Act of the |
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1 | | 103rd General Assembly and until June 30, 2024, as directed by |
2 | | the Governor, the State Comptroller shall direct and the State |
3 | | Treasurer shall transfer up to a total of $1,500,000,000 from |
4 | | the General Revenue Fund to the State Coronavirus Urgent |
5 | | Remediation Emergency Fund. |
6 | | (nn) In addition to any other transfers that may be |
7 | | provided for by law, beginning on the effective date of the |
8 | | changes made to this Section by this amendatory Act of the |
9 | | 103rd General Assembly and until June 30, 2024, as directed by |
10 | | the Governor, the State Comptroller shall direct and the State |
11 | | Treasurer shall transfer up to a total of $424,000,000 from |
12 | | the General Revenue Fund to the Build Illinois Bond Fund. |
13 | | (oo) In addition to any other transfers that may be |
14 | | provided for by law, on July 1, 2023, or as soon thereafter as |
15 | | practical, the State Comptroller shall direct and the State |
16 | | Treasurer shall transfer the sum of $500,000 from the General |
17 | | Revenue Fund to the Governor's Administrative Fund. |
18 | | (pp) In addition to any other transfers that may be |
19 | | provided for by law, on July 1, 2023, or as soon thereafter as |
20 | | practical, the State Comptroller shall direct and the State |
21 | | Treasurer shall transfer the sum of $500,000 from the General |
22 | | Revenue Fund to the Grant Accountability and Transparency |
23 | | Fund. |
24 | | (qq) In addition to any other transfers that may be |
25 | | provided for by law, beginning on the effective date of the |
26 | | changes made to this Section by this amendatory Act of the |
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1 | | 103rd General Assembly and until June 30, 2024, as directed by |
2 | | the Governor, the State Comptroller shall direct and the State |
3 | | Treasurer shall transfer up to a total of $350,000,000 from |
4 | | the General Revenue Fund to the Fund for Illinois' Future. |
5 | | (rr) In addition to any other transfers that may be |
6 | | provided for by law, on July 1, 2024, or as soon thereafter as |
7 | | practical, the State Comptroller shall direct and the State |
8 | | Treasurer shall transfer the sum of $500,000 from the General |
9 | | Revenue Fund to the Governor's Administrative Fund. |
10 | | (ss) In addition to any other transfers that may be |
11 | | provided for by law, on July 1, 2024, or as soon thereafter as |
12 | | practical, the State Comptroller shall direct and the State |
13 | | Treasurer shall transfer the sum of $500,000 from the General |
14 | | Revenue Fund to the Grant Accountability and Transparency |
15 | | Fund. |
16 | | (tt) In addition to any other transfers that may be |
17 | | provided for by law, on July 1, 2024, or as soon thereafter as |
18 | | practical, the State Comptroller shall direct and the State |
19 | | Treasurer shall transfer the sum of $25,000,000 from the |
20 | | Violent Crime Witness Protection Program Fund to the General |
21 | | Revenue Fund. |
22 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
23 | | 102-700, Article 40, Section 40-5, eff. 4-19-22; 102-700, |
24 | | Article 80, Section 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23; |
25 | | 103-8, eff. 6-7-23.)
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1 | | (30 ILCS 105/12-2) (from Ch. 127, par. 148-2) |
2 | | Sec. 12-2. Travel Regulation Council; State travel |
3 | | reimbursement. |
4 | | (a) The chairmen of the travel control boards established |
5 | | by Section 12-1, or their designees, shall together comprise |
6 | | the Travel Regulation Council. The Travel Regulation Council |
7 | | shall be chaired by the Director of Central Management |
8 | | Services, who shall be a nonvoting member of the Council, |
9 | | unless he is otherwise qualified to vote by virtue of being the |
10 | | designee of a voting member. No later than March 1, 1986, and |
11 | | at least biennially thereafter, the Council shall adopt State |
12 | | Travel Regulations and Reimbursement Rates which shall be |
13 | | applicable to all personnel subject to the jurisdiction of the |
14 | | travel control boards established by Section 12-1. An |
15 | | affirmative vote of a majority of the members of the Council |
16 | | shall be required to adopt regulations and reimbursement |
17 | | rates. If the Council fails to adopt regulations by March 1 of |
18 | | any odd-numbered year, the Director of Central Management |
19 | | Services shall adopt emergency regulations and reimbursement |
20 | | rates pursuant to the Illinois Administrative Procedure Act. |
21 | | As soon as practicable after January 23, 2023 ( the effective |
22 | | date of Public Act 102-1119) this amendatory Act of the 102nd |
23 | | General Assembly , the Travel Regulation Council and the Higher |
24 | | Education Travel Control Board shall adopt amendments to their |
25 | | existing rules to ensure that reimbursement rates for public |
26 | | institutions of higher education, as defined in Section 1-13 |
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1 | | of the Illinois Procurement Code, are set in accordance with |
2 | | the requirements of subsection (f) of this Section. |
3 | | (b) (Blank). |
4 | | (c) (Blank). |
5 | | (d) Reimbursements to travelers shall be made pursuant to |
6 | | the rates and regulations applicable to the respective State |
7 | | agency as of January 1, 1986 ( the effective date of Public Act |
8 | | 84-345) this amendatory Act , until the State Travel |
9 | | Regulations and Reimbursement Rates established by this |
10 | | Section are adopted and effective. |
11 | | (e) (Blank). |
12 | | (f) (f) Notwithstanding any rule or law to the contrary, |
13 | | State travel reimbursement rates for lodging and mileage for |
14 | | automobile travel, as well as allowances for meals, shall be |
15 | | set at the maximum rates established by the federal government |
16 | | for travel expenses, subsistence expenses, and mileage |
17 | | allowances under 5 U.S.C. 5701 through 5711 and any |
18 | | regulations promulgated thereunder. If the rates set under |
19 | | federal regulations increase or decrease during the course of |
20 | | the State's fiscal year, the effective date of the new rate |
21 | | shall be the effective date of the change in the federal rate. |
22 | | (g) Notwithstanding any other provision of this Section, |
23 | | the Council may provide, by rule, for alternative methods of |
24 | | determining the appropriate reimbursement rate for a |
25 | | traveler's subsistence expenses based upon the length of |
26 | | travel, as well as the embarkation point and destination. |
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1 | | (Source: P.A. 102-1119, eff. 1-23-23; 103-8, eff. 1-1-24; |
2 | | revised 1-2-24.)
|
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 |
6 | | treasury fund for the objects specified in this Section may be |
7 | | made in the manner provided in this Section when the balance |
8 | | remaining in one or more such line item appropriations is |
9 | | insufficient for the purpose for which the appropriation was |
10 | | made. |
11 | | (a-1) No transfers may be made from one agency to another |
12 | | agency, nor may transfers be made from one institution of |
13 | | higher education to another institution of higher education |
14 | | except as provided by subsection (a-4). |
15 | | (a-2) Except as otherwise provided in this Section, |
16 | | transfers may be made only among the objects of expenditure |
17 | | enumerated in this Section, except that no funds may be |
18 | | transferred from any appropriation for personal services, from |
19 | | any appropriation for State contributions to the State |
20 | | Employees' Retirement System, from any separate appropriation |
21 | | for employee retirement contributions paid by the employer, |
22 | | nor from any appropriation for State contribution for employee |
23 | | group insurance. |
24 | | (a-2.5) (Blank). |
25 | | (a-3) Further, if an agency receives a separate |
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1 | | appropriation for employee retirement contributions paid by |
2 | | the employer, any transfer by that agency into an |
3 | | appropriation for personal services must be accompanied by a |
4 | | corresponding transfer into the appropriation for employee |
5 | | retirement contributions paid by the employer, in an amount |
6 | | sufficient to meet the employer share of the employee |
7 | | contributions required to be remitted to the retirement |
8 | | system. |
9 | | (a-4) Long-Term Care Rebalancing. The Governor may |
10 | | designate amounts set aside for institutional services |
11 | | appropriated from the General Revenue Fund or any other State |
12 | | fund that receives monies for long-term care services to be |
13 | | transferred to all State agencies responsible for the |
14 | | administration of community-based long-term care programs, |
15 | | including, but not limited to, community-based long-term care |
16 | | programs administered by the Department of Healthcare and |
17 | | Family Services, the Department of Human Services, and the |
18 | | Department on Aging, provided that the Director of Healthcare |
19 | | and Family Services first certifies that the amounts being |
20 | | transferred are necessary for the purpose of assisting persons |
21 | | in or at risk of being in institutional care to transition to |
22 | | community-based settings, including the financial data needed |
23 | | to prove the need for the transfer of funds. The total amounts |
24 | | transferred shall not exceed 4% in total of the amounts |
25 | | appropriated from the General Revenue Fund or any other State |
26 | | fund that receives monies for long-term care services for each |
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1 | | fiscal year. A notice of the fund transfer must be made to the |
2 | | General Assembly and posted at a minimum on the Department of |
3 | | Healthcare and Family Services website, the Governor's Office |
4 | | of Management and Budget website, and any other website the |
5 | | Governor sees fit. These postings shall serve as notice to the |
6 | | General Assembly of the amounts to be transferred. Notice |
7 | | shall be given at least 30 days prior to transfer. |
8 | | (b) In addition to the general transfer authority provided |
9 | | under subsection (c), the following agencies have the specific |
10 | | transfer authority granted in this subsection: |
11 | | The Department of Healthcare and Family Services is |
12 | | authorized to make transfers representing savings attributable |
13 | | to not increasing grants due to the births of additional |
14 | | children from line items for payments of cash grants to line |
15 | | items for payments for employment and social services for the |
16 | | purposes outlined in subsection (f) of Section 4-2 of the |
17 | | Illinois Public Aid Code. |
18 | | The Department of Children and Family Services is |
19 | | authorized to make transfers not exceeding 2% of the aggregate |
20 | | amount appropriated to it within the same treasury fund for |
21 | | the following line items among these same line items: Foster |
22 | | Home and Specialized Foster Care and Prevention, Institutions |
23 | | and Group Homes and Prevention, and Purchase of Adoption and |
24 | | Guardianship Services. |
25 | | The Department on Aging is authorized to make transfers |
26 | | not exceeding 10% of the aggregate amount appropriated to it |
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1 | | within the same treasury fund for the following Community Care |
2 | | Program line items among these same line items: purchase of |
3 | | services covered by the Community Care Program and |
4 | | Comprehensive Case Coordination. |
5 | | The State Board of Education is authorized to make |
6 | | transfers from line item appropriations within the same |
7 | | treasury fund for General State Aid, General State Aid - Hold |
8 | | Harmless, and Evidence-Based Funding, provided that no such |
9 | | transfer may be made unless the amount transferred is no |
10 | | longer required for the purpose for which that appropriation |
11 | | was made, to the line item appropriation for Transitional |
12 | | Assistance when the balance remaining in such line item |
13 | | appropriation is insufficient for the purpose for which the |
14 | | appropriation was made. |
15 | | The State Board of Education is authorized to make |
16 | | transfers between the following line item appropriations |
17 | | within the same treasury fund: Disabled Student |
18 | | Services/Materials (Section 14-13.01 of the School Code), |
19 | | Disabled Student Transportation Reimbursement (Section |
20 | | 14-13.01 of the School Code), Disabled Student Tuition - |
21 | | Private Tuition (Section 14-7.02 of the School Code), |
22 | | Extraordinary Special Education (Section 14-7.02b of the |
23 | | School Code), Reimbursement for Free Lunch/Breakfast Program, |
24 | | Summer School Payments (Section 18-4.3 of the School Code), |
25 | | and Transportation - Regular/Vocational Reimbursement (Section |
26 | | 29-5 of the School Code). Such transfers shall be made only |
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1 | | when the balance remaining in one or more such line item |
2 | | appropriations is insufficient for the purpose for which the |
3 | | appropriation was made and provided that no such transfer may |
4 | | be made unless the amount transferred is no longer required |
5 | | for the purpose for which that appropriation was made. |
6 | | The Department of Healthcare and Family Services is |
7 | | authorized to make transfers not exceeding 4% of the aggregate |
8 | | amount appropriated to it, within the same treasury fund, |
9 | | among the various line items appropriated for Medical |
10 | | Assistance. |
11 | | The Department of Central Management Services is |
12 | | authorized to make transfers not exceeding 2% of the aggregate |
13 | | amount appropriated to it, within the same treasury fund, from |
14 | | the various line items appropriated to the Department, into |
15 | | the following line item appropriations: auto liability claims |
16 | | and related expenses and payment of claims under the State |
17 | | Employee Indemnification Act. |
18 | | (c) The sum of such transfers for an agency in a fiscal |
19 | | year shall not exceed 2% of the aggregate amount appropriated |
20 | | to it within the same treasury fund for the following objects: |
21 | | Personal Services; Extra Help; Student and Inmate |
22 | | Compensation; State Contributions to Retirement Systems; State |
23 | | Contributions to Social Security; State Contribution for |
24 | | Employee Group Insurance; Contractual Services; Travel; |
25 | | Commodities; Printing; Equipment; Electronic Data Processing; |
26 | | Operation of Automotive Equipment; Telecommunications |
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1 | | Services; Travel and Allowance for Committed, Paroled and |
2 | | Discharged Prisoners; Library Books; Federal Matching Grants |
3 | | for Student Loans; Refunds; Workers' Compensation, |
4 | | Occupational Disease, and Tort Claims; Late Interest Penalties |
5 | | under the State Prompt Payment Act and Sections 368a and 370a |
6 | | of the Illinois Insurance Code; and, in appropriations to |
7 | | institutions of higher education, Awards and Grants. |
8 | | Notwithstanding the above, any amounts appropriated for |
9 | | payment of workers' compensation claims to an agency to which |
10 | | the authority to evaluate, administer and pay such claims has |
11 | | been delegated by the Department of Central Management |
12 | | Services may be transferred to any other expenditure object |
13 | | where such amounts exceed the amount necessary for the payment |
14 | | of such claims. |
15 | | (c-1) (Blank). |
16 | | (c-2) (Blank). |
17 | | (c-3) (Blank). |
18 | | (c-4) (Blank). |
19 | | (c-5) (Blank). |
20 | | (c-6) (Blank). |
21 | | (c-7) (Blank). |
22 | | (c-8) (Blank). |
23 | | (c-9) (Blank). Special provisions for State fiscal year |
24 | | 2023. Notwithstanding any other provision of this Section, for |
25 | | State fiscal year 2023, transfers among line item |
26 | | appropriations to a State agency from the same State treasury |
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1 | | fund may be made for operational or lump sum expenses only, |
2 | | provided that the sum of such transfers for a State agency in |
3 | | State fiscal year 2023 shall not exceed 4% of the aggregate |
4 | | amount appropriated to that State agency for operational or |
5 | | lump sum expenses for State fiscal year 2023. For the purpose |
6 | | of this subsection, "operational or lump sum expenses" |
7 | | includes the following objects: personal services; extra help; |
8 | | student and inmate compensation; State contributions to |
9 | | retirement systems; State contributions to social security; |
10 | | State contributions for employee group insurance; contractual |
11 | | services; travel; commodities; printing; equipment; electronic |
12 | | data processing; operation of automotive equipment; |
13 | | telecommunications services; travel and allowance for |
14 | | committed, paroled, and discharged prisoners; library books; |
15 | | federal matching grants for student loans; refunds; workers' |
16 | | compensation, occupational disease, and tort claims; late |
17 | | interest penalties under the State Prompt Payment Act and |
18 | | Sections 368a and 370a of the Illinois Insurance Code; lump |
19 | | sum and other purposes; and lump sum operations. For the |
20 | | purpose of this subsection, "State agency" does not include |
21 | | the Attorney General, the Secretary of State, the Comptroller, |
22 | | the Treasurer, or the judicial or legislative branches. |
23 | | (c-10) Special provisions for State fiscal year 2024. |
24 | | Notwithstanding any other provision of this Section, for State |
25 | | fiscal year 2024, transfers among line item appropriations to |
26 | | a State agency from the same State treasury fund may be made |
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1 | | for operational or lump sum expenses only, provided that the |
2 | | sum of such transfers for a State agency in State fiscal year |
3 | | 2024 shall not exceed 8% of the aggregate amount appropriated |
4 | | to that State agency for operational or lump sum expenses for |
5 | | State fiscal year 2024. For the purpose of this subsection, |
6 | | "operational or lump sum expenses" includes the following |
7 | | objects: personal services; extra help; student and inmate |
8 | | compensation; State contributions to retirement systems; State |
9 | | contributions to social security; State contributions for |
10 | | employee group insurance; contractual services; travel; |
11 | | commodities; printing; equipment; electronic data processing; |
12 | | operation of automotive equipment; telecommunications |
13 | | services; travel and allowance for committed, paroled, and |
14 | | discharged prisoners; library books; federal matching grants |
15 | | for student loans; refunds; workers' compensation, |
16 | | occupational disease, and tort claims; late interest penalties |
17 | | under the State Prompt Payment Act and Sections 368a and 370a |
18 | | of the Illinois Insurance Code; lump sum and other purposes; |
19 | | and lump sum operations. For the purpose of this subsection, |
20 | | "State agency" does not include the Attorney General, the |
21 | | Secretary of State, the Comptroller, the Treasurer, or the |
22 | | judicial or legislative branches. |
23 | | (c-11) Special provisions for State fiscal year 2025. |
24 | | Notwithstanding any other provision of this Section, for State |
25 | | fiscal year 2025, transfers among line item appropriations to |
26 | | a State agency from the same State treasury fund may be made |
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1 | | for operational or lump sum expenses only, provided that the |
2 | | sum of such transfers for a State agency in State fiscal year |
3 | | 2025 shall not exceed 4% of the aggregate amount appropriated |
4 | | to that State agency for operational or lump sum expenses for |
5 | | State fiscal year 2025. For the purpose of this subsection, |
6 | | "operational or lump sum expenses" includes the following |
7 | | objects: personal services; extra help; student and inmate |
8 | | compensation; State contributions to retirement systems; State |
9 | | contributions to social security; State contributions for |
10 | | employee group insurance; contractual services; travel; |
11 | | commodities; printing; equipment; electronic data processing; |
12 | | operation of automotive equipment; telecommunications |
13 | | services; travel and allowance for committed, paroled, and |
14 | | discharged prisoners; library books; federal matching grants |
15 | | for student loans; refunds; workers' compensation, |
16 | | occupational disease, and tort claims; late interest penalties |
17 | | under the State Prompt Payment Act and Sections 368a and 370a |
18 | | of the Illinois Insurance Code; lump sum and other purposes; |
19 | | and lump sum operations. For the purpose of this subsection, |
20 | | "State agency" does not include the Attorney General, the |
21 | | Comptroller, the Treasurer, or the judicial or legislative |
22 | | branches. |
23 | | (d) Transfers among appropriations made to agencies of the |
24 | | Legislative and Judicial departments and to the |
25 | | constitutionally elected officers in the Executive branch |
26 | | require the approval of the officer authorized in Section 10 |
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1 | | of this Act to approve and certify vouchers. Transfers among |
2 | | appropriations made to the University of Illinois, Southern |
3 | | Illinois University, Chicago State University, Eastern |
4 | | Illinois University, Governors State University, Illinois |
5 | | State University, Northeastern Illinois University, Northern |
6 | | Illinois University, Western Illinois University, the Illinois |
7 | | Mathematics and Science Academy and the Board of Higher |
8 | | Education require the approval of the Board of Higher |
9 | | Education and the Governor. Transfers among appropriations to |
10 | | all other agencies require the approval of the Governor. |
11 | | The officer responsible for approval shall certify that |
12 | | the transfer is necessary to carry out the programs and |
13 | | purposes for which the appropriations were made by the General |
14 | | Assembly and shall transmit to the State Comptroller a |
15 | | certified copy of the approval which shall set forth the |
16 | | specific amounts transferred so that the Comptroller may |
17 | | change his records accordingly. The Comptroller shall furnish |
18 | | the Governor with information copies of all transfers approved |
19 | | for agencies of the Legislative and Judicial departments and |
20 | | transfers approved by the constitutionally elected officials |
21 | | of the Executive branch other than the Governor, showing the |
22 | | amounts transferred and indicating the dates such changes were |
23 | | entered on the Comptroller's records. |
24 | | (e) The State Board of Education, in consultation with the |
25 | | State Comptroller, may transfer line item appropriations for |
26 | | General State Aid or Evidence-Based Funding among the Common |
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1 | | School Fund and the Education Assistance Fund, and, for State |
2 | | fiscal year 2020 and each fiscal year thereafter, the Fund for |
3 | | the Advancement of Education. With the advice and consent of |
4 | | the Governor's Office of Management and Budget, the State |
5 | | Board of Education, in consultation with the State |
6 | | Comptroller, may transfer line item appropriations between the |
7 | | General Revenue Fund and the Education Assistance Fund for the |
8 | | following programs: |
9 | | (1) Disabled Student Personnel Reimbursement (Section |
10 | | 14-13.01 of the School Code); |
11 | | (2) Disabled Student Transportation Reimbursement |
12 | | (subsection (b) of Section 14-13.01 of the School Code); |
13 | | (3) Disabled Student Tuition - Private Tuition |
14 | | (Section 14-7.02 of the School Code); |
15 | | (4) Extraordinary Special Education (Section 14-7.02b |
16 | | of the School Code); |
17 | | (5) Reimbursement for Free Lunch/Breakfast Programs; |
18 | | (6) Summer School Payments (Section 18-4.3 of the |
19 | | School Code); |
20 | | (7) Transportation - Regular/Vocational Reimbursement |
21 | | (Section 29-5 of the School Code); |
22 | | (8) Regular Education Reimbursement (Section 18-3 of |
23 | | the School Code); and |
24 | | (9) Special Education Reimbursement (Section 14-7.03 |
25 | | of the School Code). |
26 | | (f) For State fiscal year 2020 and each fiscal year |
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1 | | thereafter, the Department on Aging, in consultation with the |
2 | | State Comptroller, with the advice and consent of the |
3 | | Governor's Office of Management and Budget, may transfer line |
4 | | item appropriations for purchase of services covered by the |
5 | | Community Care Program between the General Revenue Fund and |
6 | | the Commitment to Human Services Fund. |
7 | | (g) For State fiscal year 2024 and each fiscal year |
8 | | thereafter, if requested by an agency chief executive officer |
9 | | and authorized and approved by the Comptroller, the |
10 | | Comptroller may direct and the Treasurer shall transfer funds |
11 | | from the General Revenue Fund to fund payroll expenses that |
12 | | meet the payroll transaction exception criteria as defined by |
13 | | the Comptroller in the Statewide Accounting Management System |
14 | | (SAMS) Manual. The agency shall then transfer these funds back |
15 | | to the General Revenue Fund within 7 days. |
16 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
17 | | 103-8, eff. 6-7-23.)
|
18 | | Section 5-35. The State Revenue Sharing Act is amended by |
19 | | changing Section 12 as follows:
|
20 | | (30 ILCS 115/12) (from Ch. 85, par. 616) |
21 | | Sec. 12. Personal Property Tax Replacement Fund. There is |
22 | | hereby created the Personal Property Tax Replacement Fund, a |
23 | | special fund in the State Treasury into which shall be paid all |
24 | | revenue realized: |
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1 | | (a) all amounts realized from the additional personal |
2 | | property tax replacement income tax imposed by subsections |
3 | | (c) and (d) of Section 201 of the Illinois Income Tax Act, |
4 | | except for those amounts deposited into the Income Tax |
5 | | Refund Fund pursuant to subsection (c) of Section 901 of |
6 | | the Illinois Income Tax Act; and |
7 | | (b) all amounts realized from the additional personal |
8 | | property replacement invested capital taxes imposed by |
9 | | Section 2a.1 of the Messages Tax Act, Section 2a.1 of the |
10 | | Gas Revenue Tax Act, Section 2a.1 of the Public Utilities |
11 | | Revenue Act, and Section 3 of the Water Company Invested |
12 | | Capital Tax Act, and amounts payable to the Department of |
13 | | Revenue under the Telecommunications Infrastructure |
14 | | Maintenance Fee Act. |
15 | | As soon as may be after the end of each month, the |
16 | | Department of Revenue shall certify to the Treasurer and the |
17 | | Comptroller the amount of all refunds paid out of the General |
18 | | Revenue Fund through the preceding month on account of |
19 | | overpayment of liability on taxes paid into the Personal |
20 | | Property Tax Replacement Fund. Upon receipt of such |
21 | | certification, the Treasurer and the Comptroller shall |
22 | | transfer the amount so certified from the Personal Property |
23 | | Tax Replacement Fund into the General Revenue Fund. |
24 | | The payments of revenue into the Personal Property Tax |
25 | | Replacement Fund shall be used exclusively for distribution to |
26 | | taxing districts, regional offices and officials, and local |
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1 | | officials as provided in this Section and in the School Code, |
2 | | payment of the ordinary and contingent expenses of the |
3 | | Property Tax Appeal Board, payment of the expenses of the |
4 | | Department of Revenue incurred in administering the collection |
5 | | and distribution of monies paid into the Personal Property Tax |
6 | | Replacement Fund and transfers due to refunds to taxpayers for |
7 | | overpayment of liability for taxes paid into the Personal |
8 | | Property Tax Replacement Fund. |
9 | | In addition, moneys in the Personal Property Tax |
10 | | Replacement Fund may be used to pay any of the following: (i) |
11 | | salary, stipends, and additional compensation as provided by |
12 | | law for chief election clerks, county clerks, and county |
13 | | recorders; (ii) costs associated with regional offices of |
14 | | education and educational service centers; (iii) |
15 | | reimbursements payable by the State Board of Elections under |
16 | | Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the |
17 | | Election Code; (iv) expenses of the Illinois Educational Labor |
18 | | Relations Board; and (v) salary, personal services, and |
19 | | additional compensation as provided by law for court reporters |
20 | | under the Court Reporters Act. |
21 | | As soon as may be after June 26, 1980 (the effective date |
22 | | of Public Act 81-1255), the Department of Revenue shall |
23 | | certify to the Treasurer the amount of net replacement revenue |
24 | | paid into the General Revenue Fund prior to that effective |
25 | | date from the additional tax imposed by Section 2a.1 of the |
26 | | Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act; |
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1 | | Section 2a.1 of the Public Utilities Revenue Act; Section 3 of |
2 | | the Water Company Invested Capital Tax Act; amounts collected |
3 | | by the Department of Revenue under the Telecommunications |
4 | | Infrastructure Maintenance Fee Act; and the additional |
5 | | personal property tax replacement income tax imposed by the |
6 | | Illinois Income Tax Act, as amended by Public Act 81-1st |
7 | | Special Session-1. Net replacement revenue shall be defined as |
8 | | the total amount paid into and remaining in the General |
9 | | Revenue Fund as a result of those Acts minus the amount |
10 | | outstanding and obligated from the General Revenue Fund in |
11 | | state vouchers or warrants prior to June 26, 1980 (the |
12 | | effective date of Public Act 81-1255) as refunds to taxpayers |
13 | | for overpayment of liability under those Acts. |
14 | | All interest earned by monies accumulated in the Personal |
15 | | Property Tax Replacement Fund shall be deposited in such Fund. |
16 | | All amounts allocated pursuant to this Section are |
17 | | appropriated on a continuing basis. |
18 | | Prior to December 31, 1980, as soon as may be after the end |
19 | | of each quarter beginning with the quarter ending December 31, |
20 | | 1979, and on and after December 31, 1980, as soon as may be |
21 | | after January 1, March 1, April 1, May 1, July 1, August 1, |
22 | | October 1 and December 1 of each year, the Department of |
23 | | Revenue shall allocate to each taxing district as defined in |
24 | | Section 1-150 of the Property Tax Code, in accordance with the |
25 | | provisions of paragraph (2) of this Section the portion of the |
26 | | funds held in the Personal Property Tax Replacement Fund which |
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1 | | is required to be distributed, as provided in paragraph (1), |
2 | | for each quarter. Provided, however, under no circumstances |
3 | | shall any taxing district during each of the first two years of |
4 | | distribution of the taxes imposed by Public Act 81-1st Special |
5 | | Session-1 be entitled to an annual allocation which is less |
6 | | than the funds such taxing district collected from the 1978 |
7 | | personal property tax. Provided further that under no |
8 | | circumstances shall any taxing district during the third year |
9 | | of distribution of the taxes imposed by Public Act 81-1st |
10 | | Special Session-1 receive less than 60% of the funds such |
11 | | taxing district collected from the 1978 personal property tax. |
12 | | In the event that the total of the allocations made as above |
13 | | provided for all taxing districts, during either of such 3 |
14 | | years, exceeds the amount available for distribution the |
15 | | allocation of each taxing district shall be proportionately |
16 | | reduced. Except as provided in Section 13 of this Act, the |
17 | | Department shall then certify, pursuant to appropriation, such |
18 | | allocations to the State Comptroller who shall pay over to the |
19 | | several taxing districts the respective amounts allocated to |
20 | | them. |
21 | | Any township which receives an allocation based in whole |
22 | | or in part upon personal property taxes which it levied |
23 | | pursuant to Section 6-507 or 6-512 of the Illinois Highway |
24 | | Code and which was previously required to be paid over to a |
25 | | municipality shall immediately pay over to that municipality a |
26 | | proportionate share of the personal property replacement funds |
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1 | | which such township receives. |
2 | | Any municipality or township, other than a municipality |
3 | | with a population in excess of 500,000, which receives an |
4 | | allocation based in whole or in part on personal property |
5 | | taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of |
6 | | the Illinois Local Library Act and which was previously |
7 | | required to be paid over to a public library shall immediately |
8 | | pay over to that library a proportionate share of the personal |
9 | | property tax replacement funds which such municipality or |
10 | | township receives; provided that if such a public library has |
11 | | converted to a library organized under the Illinois Public |
12 | | Library District Act, regardless of whether such conversion |
13 | | has occurred on, after or before January 1, 1988, such |
14 | | proportionate share shall be immediately paid over to the |
15 | | library district which maintains and operates the library. |
16 | | However, any library that has converted prior to January 1, |
17 | | 1988, and which hitherto has not received the personal |
18 | | property tax replacement funds, shall receive such funds |
19 | | commencing on January 1, 1988. |
20 | | Any township which receives an allocation based in whole |
21 | | or in part on personal property taxes which it levied pursuant |
22 | | to Section 1c of the Public Graveyards Act and which taxes were |
23 | | previously required to be paid over to or used for such public |
24 | | cemetery or cemeteries shall immediately pay over to or use |
25 | | for such public cemetery or cemeteries a proportionate share |
26 | | of the personal property tax replacement funds which the |
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1 | | township receives. |
2 | | Any taxing district which receives an allocation based in |
3 | | whole or in part upon personal property taxes which it levied |
4 | | for another governmental body or school district in Cook |
5 | | County in 1976 or for another governmental body or school |
6 | | district in the remainder of the State in 1977 shall |
7 | | immediately pay over to that governmental body or school |
8 | | district the amount of personal property replacement funds |
9 | | which such governmental body or school district would receive |
10 | | directly under the provisions of paragraph (2) of this |
11 | | Section, had it levied its own taxes. |
12 | | (1) The portion of the Personal Property Tax |
13 | | Replacement Fund required to be distributed as of the time |
14 | | allocation is required to be made shall be the amount |
15 | | available in such Fund as of the time allocation is |
16 | | required to be made. |
17 | | The amount available for distribution shall be the |
18 | | total amount in the fund at such time minus the necessary |
19 | | administrative and other authorized expenses as limited by |
20 | | the appropriation and the amount determined by: (a) $2.8 |
21 | | million for fiscal year 1981; (b) for fiscal year 1982, |
22 | | .54% of the funds distributed from the fund during the |
23 | | preceding fiscal year; (c) for fiscal year 1983 through |
24 | | fiscal year 1988, .54% of the funds distributed from the |
25 | | fund during the preceding fiscal year less .02% of such |
26 | | fund for fiscal year 1983 and less .02% of such funds for |
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1 | | each fiscal year thereafter; (d) for fiscal year 1989 |
2 | | through fiscal year 2011 no more than 105% of the actual |
3 | | administrative expenses of the prior fiscal year; (e) for |
4 | | fiscal year 2012 and beyond, a sufficient amount to pay |
5 | | (i) stipends, additional compensation, salary |
6 | | reimbursements, and other amounts directed to be paid out |
7 | | of this Fund for local officials as authorized or required |
8 | | by statute and (ii) the ordinary and contingent expenses |
9 | | of the Property Tax Appeal Board and the expenses of the |
10 | | Department of Revenue incurred in administering the |
11 | | collection and distribution of moneys paid into the Fund; |
12 | | (f) for fiscal years 2012 and 2013 only, a sufficient |
13 | | amount to pay stipends, additional compensation, salary |
14 | | reimbursements, and other amounts directed to be paid out |
15 | | of this Fund for regional offices and officials as |
16 | | authorized or required by statute; or (g) for fiscal years |
17 | | 2018 through 2025 2024 only, a sufficient amount to pay |
18 | | amounts directed to be paid out of this Fund for public |
19 | | community college base operating grants and local health |
20 | | protection grants to certified local health departments as |
21 | | authorized or required by appropriation or statute. Such |
22 | | portion of the fund shall be determined after the transfer |
23 | | into the General Revenue Fund due to refunds, if any, paid |
24 | | from the General Revenue Fund during the preceding |
25 | | quarter. If at any time, for any reason, there is |
26 | | insufficient amount in the Personal Property Tax |
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1 | | Replacement Fund for payments for regional offices and |
2 | | officials or local officials or payment of costs of |
3 | | administration or for transfers due to refunds at the end |
4 | | of any particular month, the amount of such insufficiency |
5 | | shall be carried over for the purposes of payments for |
6 | | regional offices and officials, local officials, transfers |
7 | | into the General Revenue Fund, and costs of administration |
8 | | to the following month or months. Net replacement revenue |
9 | | held, and defined above, shall be transferred by the |
10 | | Treasurer and Comptroller to the Personal Property Tax |
11 | | Replacement Fund within 10 days of such certification. |
12 | | (2) Each quarterly allocation shall first be |
13 | | apportioned in the following manner: 51.65% for taxing |
14 | | districts in Cook County and 48.35% for taxing districts |
15 | | in the remainder of the State. |
16 | | The Personal Property Replacement Ratio of each taxing |
17 | | district outside Cook County shall be the ratio which the Tax |
18 | | Base of that taxing district bears to the Downstate Tax Base. |
19 | | The Tax Base of each taxing district outside of Cook County is |
20 | | the personal property tax collections for that taxing district |
21 | | for the 1977 tax year. The Downstate Tax Base is the personal |
22 | | property tax collections for all taxing districts in the State |
23 | | outside of Cook County for the 1977 tax year. The Department of |
24 | | Revenue shall have authority to review for accuracy and |
25 | | completeness the personal property tax collections for each |
26 | | taxing district outside Cook County for the 1977 tax year. |
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1 | | The Personal Property Replacement Ratio of each Cook |
2 | | County taxing district shall be the ratio which the Tax Base of |
3 | | that taxing district bears to the Cook County Tax Base. The Tax |
4 | | Base of each Cook County taxing district is the personal |
5 | | property tax collections for that taxing district for the 1976 |
6 | | tax year. The Cook County Tax Base is the personal property tax |
7 | | collections for all taxing districts in Cook County for the |
8 | | 1976 tax year. The Department of Revenue shall have authority |
9 | | to review for accuracy and completeness the personal property |
10 | | tax collections for each taxing district within Cook County |
11 | | for the 1976 tax year. |
12 | | For all purposes of this Section 12, amounts paid to a |
13 | | taxing district for such tax years as may be applicable by a |
14 | | foreign corporation under the provisions of Section 7-202 of |
15 | | the Public Utilities Act, as amended, shall be deemed to be |
16 | | personal property taxes collected by such taxing district for |
17 | | such tax years as may be applicable. The Director shall |
18 | | determine from the Illinois Commerce Commission, for any tax |
19 | | year as may be applicable, the amounts so paid by any such |
20 | | foreign corporation to any and all taxing districts. The |
21 | | Illinois Commerce Commission shall furnish such information to |
22 | | the Director. For all purposes of this Section 12, the |
23 | | Director shall deem such amounts to be collected personal |
24 | | property taxes of each such taxing district for the applicable |
25 | | tax year or years. |
26 | | Taxing districts located both in Cook County and in one or |
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1 | | more other counties shall receive both a Cook County |
2 | | allocation and a Downstate allocation determined in the same |
3 | | way as all other taxing districts. |
4 | | If any taxing district in existence on July 1, 1979 ceases |
5 | | to exist, or discontinues its operations, its Tax Base shall |
6 | | thereafter be deemed to be zero. If the powers, duties and |
7 | | obligations of the discontinued taxing district are assumed by |
8 | | another taxing district, the Tax Base of the discontinued |
9 | | taxing district shall be added to the Tax Base of the taxing |
10 | | district assuming such powers, duties and obligations. |
11 | | If two or more taxing districts in existence on July 1, |
12 | | 1979, or a successor or successors thereto shall consolidate |
13 | | into one taxing district, the Tax Base of such consolidated |
14 | | taxing district shall be the sum of the Tax Bases of each of |
15 | | the taxing districts which have consolidated. |
16 | | If a single taxing district in existence on July 1, 1979, |
17 | | or a successor or successors thereto shall be divided into two |
18 | | or more separate taxing districts, the tax base of the taxing |
19 | | district so divided shall be allocated to each of the |
20 | | resulting taxing districts in proportion to the then current |
21 | | equalized assessed value of each resulting taxing district. |
22 | | If a portion of the territory of a taxing district is |
23 | | disconnected and annexed to another taxing district of the |
24 | | same type, the Tax Base of the taxing district from which |
25 | | disconnection was made shall be reduced in proportion to the |
26 | | then current equalized assessed value of the disconnected |
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1 | | territory as compared with the then current equalized assessed |
2 | | value within the entire territory of the taxing district prior |
3 | | to disconnection, and the amount of such reduction shall be |
4 | | added to the Tax Base of the taxing district to which |
5 | | annexation is made. |
6 | | If a community college district is created after July 1, |
7 | | 1979, beginning on January 1, 1996 (the effective date of |
8 | | Public Act 89-327), its Tax Base shall be 3.5% of the sum of |
9 | | the personal property tax collected for the 1977 tax year |
10 | | within the territorial jurisdiction of the district. |
11 | | The amounts allocated and paid to taxing districts |
12 | | pursuant to the provisions of Public Act 81-1st Special |
13 | | Session-1 shall be deemed to be substitute revenues for the |
14 | | revenues derived from taxes imposed on personal property |
15 | | pursuant to the provisions of the "Revenue Act of 1939" or "An |
16 | | Act for the assessment and taxation of private car line |
17 | | companies", approved July 22, 1943, as amended, or Section 414 |
18 | | of the Illinois Insurance Code, prior to the abolition of such |
19 | | taxes and shall be used for the same purposes as the revenues |
20 | | derived from ad valorem taxes on real estate. |
21 | | Monies received by any taxing districts from the Personal |
22 | | Property Tax Replacement Fund shall be first applied toward |
23 | | payment of the proportionate amount of debt service which was |
24 | | previously levied and collected from extensions against |
25 | | personal property on bonds outstanding as of December 31, 1978 |
26 | | and next applied toward payment of the proportionate share of |
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1 | | the pension or retirement obligations of the taxing district |
2 | | which were previously levied and collected from extensions |
3 | | against personal property. For each such outstanding bond |
4 | | issue, the County Clerk shall determine the percentage of the |
5 | | debt service which was collected from extensions against real |
6 | | estate in the taxing district for 1978 taxes payable in 1979, |
7 | | as related to the total amount of such levies and collections |
8 | | from extensions against both real and personal property. For |
9 | | 1979 and subsequent years' taxes, the County Clerk shall levy |
10 | | and extend taxes against the real estate of each taxing |
11 | | district which will yield the said percentage or percentages |
12 | | of the debt service on such outstanding bonds. The balance of |
13 | | the amount necessary to fully pay such debt service shall |
14 | | constitute a first and prior lien upon the monies received by |
15 | | each such taxing district through the Personal Property Tax |
16 | | Replacement Fund and shall be first applied or set aside for |
17 | | such purpose. In counties having fewer than 3,000,000 |
18 | | inhabitants, the amendments to this paragraph as made by |
19 | | Public Act 81-1255 shall be first applicable to 1980 taxes to |
20 | | be collected in 1981. |
21 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
22 | | 103-8, eff. 6-7-23.)
|
23 | | Section 5-40. The Illinois Procurement Code is amended by |
24 | | changing Section 10-20 as follows:
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1 | | (30 ILCS 500/10-20) |
2 | | Sec. 10-20. Independent chief procurement officers. |
3 | | (a) Appointment. Within 60 calendar days after July 1, |
4 | | 2010 ( the effective date of Public Act 96-795) this amendatory |
5 | | Act of the 96th General Assembly , the Executive Ethics |
6 | | Commission, with the advice and consent of the Senate shall |
7 | | appoint or approve 4 chief procurement officers, one for each |
8 | | of the following categories: |
9 | | (1) for procurements for construction and |
10 | | construction-related services committed by law to the |
11 | | jurisdiction or responsibility of the Capital Development |
12 | | Board; |
13 | | (2) for procurements for all construction, |
14 | | construction-related services, operation of any facility, |
15 | | and the provision of any service or activity committed by |
16 | | law to the jurisdiction or responsibility of the Illinois |
17 | | Department of Transportation, including the direct or |
18 | | reimbursable expenditure of all federal funds for which |
19 | | the Department of Transportation is responsible or |
20 | | accountable for the use thereof in accordance with federal |
21 | | law, regulation, or procedure, the chief procurement |
22 | | officer recommended for approval under this item appointed |
23 | | by the Secretary of Transportation after consent by the |
24 | | Executive Ethics Commission; |
25 | | (3) for all procurements made by a public institution |
26 | | of higher education; and |
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1 | | (4) for all other procurement needs of State agencies. |
2 | | For fiscal years year 2024 and 2025 , the Executive Ethics |
3 | | Commission shall set aside from its appropriation those |
4 | | amounts necessary for the use of the 4 chief procurement |
5 | | officers for the ordinary and contingent expenses of their |
6 | | respective procurement offices. From the amounts set aside by |
7 | | the Commission, each chief procurement officer shall control |
8 | | the internal operations of his or her procurement office and |
9 | | shall procure the necessary equipment, materials, and services |
10 | | to perform the duties of that office, including hiring |
11 | | necessary procurement personnel, legal advisors , and other |
12 | | employees, and may establish, in the exercise of the chief |
13 | | procurement officer's discretion, the compensation of the |
14 | | office's employees, which includes the State purchasing |
15 | | officers and any legal advisors. The Executive Ethics |
16 | | Commission shall have no control over the employees of the |
17 | | chief procurement officers. The Executive Ethics Commission |
18 | | shall provide administrative support services, including |
19 | | payroll, for each procurement office. |
20 | | (b) Terms and independence. Each chief procurement officer |
21 | | appointed under this Section shall serve for a term of 5 years |
22 | | beginning on the date of the officer's appointment. The chief |
23 | | procurement officer may be removed for cause after a hearing |
24 | | by the Executive Ethics Commission. The Governor or the |
25 | | director of a State agency directly responsible to the |
26 | | Governor may institute a complaint against the officer by |
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1 | | filing such complaint with the Commission. The Commission |
2 | | shall have a hearing based on the complaint. The officer and |
3 | | the complainant shall receive reasonable notice of the hearing |
4 | | and shall be permitted to present their respective arguments |
5 | | on the complaint. After the hearing, the Commission shall make |
6 | | a finding on the complaint and may take disciplinary action, |
7 | | including but not limited to removal of the officer. |
8 | | The salary of a chief procurement officer shall be |
9 | | established by the Executive Ethics Commission and may not be |
10 | | diminished during the officer's term. The salary may not |
11 | | exceed the salary of the director of a State agency for which |
12 | | the officer serves as chief procurement officer. |
13 | | (c) Qualifications. In addition to any other requirement |
14 | | or qualification required by State law, each chief procurement |
15 | | officer must within 12 months of employment be a Certified |
16 | | Professional Public Buyer or a Certified Public Purchasing |
17 | | Officer, pursuant to certification by the Universal Public |
18 | | Purchasing Certification Council, and must reside in Illinois. |
19 | | (d) Fiduciary duty. Each chief procurement officer owes a |
20 | | fiduciary duty to the State. |
21 | | (e) Vacancy. In case of a vacancy in one or more of the |
22 | | offices of a chief procurement officer under this Section |
23 | | during the recess of the Senate, the Executive Ethics |
24 | | Commission shall make a temporary appointment until the next |
25 | | meeting of the Senate, when the Executive Ethics Commission |
26 | | shall nominate some person to fill the office, and any person |
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1 | | so nominated who is confirmed by the Senate shall hold office |
2 | | during the remainder of the term and until his or her successor |
3 | | is appointed and qualified. If the Senate is not in session at |
4 | | the time Public Act 96-920 this amendatory Act of the 96th |
5 | | General Assembly takes effect, the Executive Ethics Commission |
6 | | shall make a temporary appointment as in the case of a vacancy. |
7 | | (f) (Blank). |
8 | | (g) (Blank). |
9 | | (Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)
|
10 | | Section 5-43. The State Prompt Payment Act is amended by |
11 | | changing Section 3-6 and by adding Section 3-7 as follows:
|
12 | | (30 ILCS 540/3-6) |
13 | | Sec. 3-6. Federal funds; lack of authority. If an agency |
14 | | incurs an interest liability under this Act that cannot be |
15 | | charged to the same expenditure authority account to which the |
16 | | related goods or services were charged due to federal |
17 | | prohibitions, the agency is authorized to pay the interest |
18 | | from its available appropriations from the General Revenue |
19 | | Fund , except that the Department of Transportation is |
20 | | authorized to pay the interest from its available |
21 | | appropriations from the Road Fund, as long as the original |
22 | | goods or services were for purposes consistent with Section 11 |
23 | | of Article IX of the Illinois Constitution . |
24 | | (Source: P.A. 100-587, eff. 6-4-18.)
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1 | | (30 ILCS 540/3-7 new) |
2 | | Sec. 3-7. Transportation bond funds. If the Department of |
3 | | Transportation incurs an interest liability under this Act |
4 | | that would be payable from a transportation bond fund, the |
5 | | Department of Transportation is authorized to pay the interest |
6 | | from its available appropriations from the Road Fund, as long |
7 | | as the original purpose to which the bond funds were applied |
8 | | was consistent with Section 11 of Article IX of the Illinois |
9 | | Constitution. As used in this Section, "transportation bond |
10 | | fund" means any of the following funds in the State treasury: |
11 | | the Transportation Bond, Series A Fund; the Transportation |
12 | | Bond, Series B Fund; the Transportation Bond Series D Fund; |
13 | | and the Multi-modal Transportation Bond Fund.
|
14 | | Section 5-45. The Illinois Works Jobs Program Act is |
15 | | amended by changing Section 20-15 as follows:
|
16 | | (30 ILCS 559/20-15) |
17 | | Sec. 20-15. Illinois Works Preapprenticeship Program; |
18 | | Illinois Works Bid Credit Program. |
19 | | (a) The Illinois Works Preapprenticeship Program is |
20 | | established and shall be administered by the Department. The |
21 | | goal of the Illinois Works Preapprenticeship Program is to |
22 | | create a network of community-based organizations throughout |
23 | | the State that will recruit, prescreen, and provide |
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1 | | preapprenticeship skills training, for which participants may |
2 | | attend free of charge and receive a stipend, to create a |
3 | | qualified, diverse pipeline of workers who are prepared for |
4 | | careers in the construction and building trades. Upon |
5 | | completion of the Illinois Works Preapprenticeship Program, |
6 | | the candidates will be skilled and work-ready. |
7 | | (b) There is created the Illinois Works Fund, a special |
8 | | fund in the State treasury. The Illinois Works Fund shall be |
9 | | administered by the Department. The Illinois Works Fund shall |
10 | | be used to provide funding for community-based organizations |
11 | | throughout the State. In addition to any other transfers that |
12 | | may be provided for by law, on and after July 1, 2019 at the |
13 | | direction of the Director of the Governor's Office of |
14 | | Management and Budget, the State Comptroller shall direct and |
15 | | the State Treasurer shall transfer amounts not exceeding a |
16 | | total of $50,000,000 from the Rebuild Illinois Projects Fund |
17 | | to the Illinois Works Fund. |
18 | | (b-5) In addition to any other transfers that may be |
19 | | provided for by law, beginning July 1, 2024 and each July 1 |
20 | | thereafter, or as soon thereafter as practical, the State |
21 | | Comptroller shall direct and the State Treasurer shall |
22 | | transfer $20,000,000 from the Capital Projects Fund to the |
23 | | Illinois Works Fund. |
24 | | (c) Each community-based organization that receives |
25 | | funding from the Illinois Works Fund shall provide an annual |
26 | | report to the Illinois Works Review Panel by April 1 of each |
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1 | | calendar year. The annual report shall include the following |
2 | | information: |
3 | | (1) a description of the community-based |
4 | | organization's recruitment, screening, and training |
5 | | efforts; |
6 | | (2) the number of individuals who apply to, |
7 | | participate in, and complete the community-based |
8 | | organization's program, broken down by race, gender, age, |
9 | | and veteran status; and |
10 | | (3) the number of the individuals referenced in item (2) |
11 | | of this subsection who are initially accepted and placed |
12 | | into apprenticeship programs in the construction and |
13 | | building trades. |
14 | | (d) The Department shall create and administer the |
15 | | Illinois Works Bid Credit Program that shall provide economic |
16 | | incentives, through bid credits, to encourage contractors and |
17 | | subcontractors to provide contracting and employment |
18 | | opportunities to historically underrepresented populations in |
19 | | the construction industry. |
20 | | The Illinois Works Bid Credit Program shall allow |
21 | | contractors and subcontractors to earn bid credits for use |
22 | | toward future bids for public works projects contracted by the |
23 | | State or an agency of the State in order to increase the |
24 | | chances that the contractor and the subcontractors will be |
25 | | selected. |
26 | | Contractors or subcontractors may be eligible to earn bid |
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1 | | credits for employing apprentices who have completed the |
2 | | Illinois Works Preapprenticeship Program. Contractors or |
3 | | subcontractors shall earn bid credits at a rate established by |
4 | | the Department and based on labor hours worked by apprentices |
5 | | who have completed the Illinois Works Preapprenticeship |
6 | | Program. In order to earn bid credits, contractors and |
7 | | subcontractors shall provide the Department with certified |
8 | | payroll documenting the hours performed by apprentices who |
9 | | have completed the Illinois Works Preapprenticeship Program. |
10 | | Contractors and subcontractors can use bid credits toward |
11 | | future bids for public works projects contracted or funded by |
12 | | the State or an agency of the State in order to increase the |
13 | | likelihood of being selected as the contractor for the public |
14 | | works project toward which they have applied the bid credit. |
15 | | The Department shall establish the rate by rule and shall |
16 | | publish it on the Department's website. The rule may include |
17 | | maximum bid credits allowed per contractor, per subcontractor, |
18 | | per apprentice, per bid, or per year. |
19 | | The Illinois Works Credit Bank is hereby created and shall |
20 | | be administered by the Department. The Illinois Works Credit |
21 | | Bank shall track the bid credits. |
22 | | A contractor or subcontractor who has been awarded bid |
23 | | credits under any other State program for employing |
24 | | apprentices who have completed the Illinois Works |
25 | | Preapprenticeship Program is not eligible to receive bid |
26 | | credits under the Illinois Works Bid Credit Program relating |
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1 | | to the same contract. |
2 | | The Department shall report to the Illinois Works Review |
3 | | Panel the following: (i) the number of bid credits awarded by |
4 | | the Department; (ii) the number of bid credits submitted by |
5 | | the contractor or subcontractor to the agency administering |
6 | | the public works contract; and (iii) the number of bid credits |
7 | | accepted by the agency for such contract. Any agency that |
8 | | awards bid credits pursuant to the Illinois Works Credit Bank |
9 | | Program shall report to the Department the number of bid |
10 | | credits it accepted for the public works contract. |
11 | | Upon a finding that a contractor or subcontractor has |
12 | | reported falsified records to the Department in order to |
13 | | fraudulently obtain bid credits, the Department may bar the |
14 | | contractor or subcontractor from participating in the Illinois |
15 | | Works Bid Credit Program and may suspend the contractor or |
16 | | subcontractor from bidding on or participating in any public |
17 | | works project. False or fraudulent claims for payment relating |
18 | | to false bid credits may be subject to damages and penalties |
19 | | under applicable law. |
20 | | (e) The Department shall adopt any rules deemed necessary |
21 | | to implement this Section. In order to provide for the |
22 | | expeditious and timely implementation of this Act, the |
23 | | Department may adopt emergency rules. The adoption of |
24 | | emergency rules authorized by this subsection is deemed to be |
25 | | necessary for the public interest, safety, and welfare. |
26 | | (Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23; |
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1 | | revised 9-6-23.)
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2 | | Section 5-47. The Downstate Public Transportation Act is |
3 | | amended by changing Section 2-3 as follows:
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4 | | (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663) |
5 | | Sec. 2-3. (a) As soon as possible after the first day of |
6 | | each month, beginning July 1, 1984, upon certification of the |
7 | | Department of Revenue, the Comptroller shall order |
8 | | transferred, and the Treasurer shall transfer, from the |
9 | | General Revenue Fund to a special fund in the State Treasury |
10 | | which is hereby created, to be known as the Downstate Public |
11 | | Transportation Fund, an amount equal to 2/32 (beginning July |
12 | | 1, 2005, 3/32) of the net revenue realized from the Retailers' |
13 | | Occupation Tax Act, the Service Occupation Tax Act, the Use |
14 | | Tax Act, and the Service Use Tax Act from persons incurring |
15 | | municipal or county retailers' or service occupation tax |
16 | | liability for the benefit of any municipality or county |
17 | | located wholly within the boundaries of each participant, |
18 | | other than any Metro-East Transit District participant |
19 | | certified pursuant to subsection (c) of this Section during |
20 | | the preceding month, except that the Department shall pay into |
21 | | the Downstate Public Transportation Fund 2/32 (beginning July |
22 | | 1, 2005, 3/32) of 80% of the net revenue realized under the |
23 | | State tax Acts named above within any municipality or county |
24 | | located wholly within the boundaries of each participant, |
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1 | | other than any Metro-East participant, for tax periods |
2 | | beginning on or after January 1, 1990. Net revenue realized |
3 | | for a month shall be the revenue collected by the State |
4 | | pursuant to such Acts during the previous month from persons |
5 | | incurring municipal or county retailers' or service occupation |
6 | | tax liability for the benefit of any municipality or county |
7 | | located wholly within the boundaries of a participant, less |
8 | | the amount paid out during that same month as refunds or credit |
9 | | memoranda to taxpayers for overpayment of liability under such |
10 | | Acts for the benefit of any municipality or county located |
11 | | wholly within the boundaries of a participant. |
12 | | Notwithstanding any provision of law to the contrary, |
13 | | beginning on July 6, 2017 (the effective date of Public Act |
14 | | 100-23), those amounts required under this subsection (a) to |
15 | | be transferred by the Treasurer into the Downstate Public |
16 | | Transportation Fund from the General Revenue Fund shall be |
17 | | directly deposited into the Downstate Public Transportation |
18 | | Fund as the revenues are realized from the taxes indicated. |
19 | | (b) As soon as possible after the first day of each month, |
20 | | beginning July 1, 1989, upon certification of the Department |
21 | | of Revenue, the Comptroller shall order transferred, and the |
22 | | Treasurer shall transfer, from the General Revenue Fund to a |
23 | | special fund in the State Treasury which is hereby created, to |
24 | | be known as the Metro-East Public Transportation Fund, an |
25 | | amount equal to 2/32 of the net revenue realized, as above, |
26 | | from within the boundaries of Madison, Monroe, and St. Clair |
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1 | | Counties, except that the Department shall pay into the |
2 | | Metro-East Public Transportation Fund 2/32 of 80% of the net |
3 | | revenue realized under the State tax Acts specified in |
4 | | subsection (a) of this Section within the boundaries of |
5 | | Madison, Monroe and St. Clair Counties for tax periods |
6 | | beginning on or after January 1, 1990. A local match |
7 | | equivalent to an amount which could be raised by a tax levy at |
8 | | the rate of .05% on the assessed value of property within the |
9 | | boundaries of Madison County is required annually to cause a |
10 | | total of 2/32 of the net revenue to be deposited in the |
11 | | Metro-East Public Transportation Fund. Failure to raise the |
12 | | required local match annually shall result in only 1/32 being |
13 | | deposited into the Metro-East Public Transportation Fund after |
14 | | July 1, 1989, or 1/32 of 80% of the net revenue realized for |
15 | | tax periods beginning on or after January 1, 1990. |
16 | | (b-5) As soon as possible after the first day of each |
17 | | month, beginning July 1, 2005, upon certification of the |
18 | | Department of Revenue, the Comptroller shall order |
19 | | transferred, and the Treasurer shall transfer, from the |
20 | | General Revenue Fund to the Downstate Public Transportation |
21 | | Fund, an amount equal to 3/32 of 80% of the net revenue |
22 | | realized from within the boundaries of Monroe and St. Clair |
23 | | Counties under the State Tax Acts specified in subsection (a) |
24 | | of this Section and provided further that, beginning July 1, |
25 | | 2005, the provisions of subsection (b) shall no longer apply |
26 | | with respect to such tax receipts from Monroe and St. Clair |
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1 | | Counties. |
2 | | Notwithstanding any provision of law to the contrary, |
3 | | beginning on July 6, 2017 (the effective date of Public Act |
4 | | 100-23), those amounts required under this subsection (b-5) to |
5 | | be transferred by the Treasurer into the Downstate Public |
6 | | Transportation Fund from the General Revenue Fund shall be |
7 | | directly deposited into the Downstate Public Transportation |
8 | | Fund as the revenues are realized from the taxes indicated. |
9 | | (b-6) As soon as possible after the first day of each |
10 | | month, beginning July 1, 2008, upon certification by the |
11 | | Department of Revenue, the Comptroller shall order transferred |
12 | | and the Treasurer shall transfer, from the General Revenue |
13 | | Fund to the Downstate Public Transportation Fund, an amount |
14 | | equal to 3/32 of 80% of the net revenue realized from within |
15 | | the boundaries of Madison County under the State Tax Acts |
16 | | specified in subsection (a) of this Section and provided |
17 | | further that, beginning July 1, 2008, the provisions of |
18 | | subsection (b) shall no longer apply with respect to such tax |
19 | | receipts from Madison County. |
20 | | Notwithstanding any provision of law to the contrary, |
21 | | beginning on July 6, 2017 (the effective date of Public Act |
22 | | 100-23), those amounts required under this subsection (b-6) to |
23 | | be transferred by the Treasurer into the Downstate Public |
24 | | Transportation Fund from the General Revenue Fund shall be |
25 | | directly deposited into the Downstate Public Transportation |
26 | | Fund as the revenues are realized from the taxes indicated. |
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1 | | (b-7) Beginning July 1, 2018, notwithstanding any the |
2 | | other provisions of law to the contrary this Section , instead |
3 | | of the Comptroller making monthly transfers from the General |
4 | | Revenue Fund to the Downstate Public Transportation Fund, the |
5 | | Department of Revenue shall deposit the designated fraction of |
6 | | the net revenue realized from collections under the Retailers' |
7 | | Occupation Tax Act, the Service Occupation Tax Act, the Use |
8 | | Tax Act, and the Service Use Tax Act directly into the |
9 | | Downstate Public Transportation Fund , except that, for the |
10 | | State fiscal year beginning July 1, 2024 and each State fiscal |
11 | | year thereafter, the first $75,000,000 that would have |
12 | | otherwise been deposited as provided in this subsection shall |
13 | | instead be transferred from the Road Fund to the Downstate |
14 | | Public Transportation Fund by the Treasurer upon certification |
15 | | by the Department of Revenue and order of the Comptroller . |
16 | | (c) The Department shall certify to the Department of |
17 | | Revenue the eligible participants under this Article and the |
18 | | territorial boundaries of such participants for the purposes |
19 | | of the Department of Revenue in subsections (a) and (b) of this |
20 | | Section. |
21 | | (d) For the purposes of this Article, beginning in fiscal |
22 | | year 2009 the General Assembly shall appropriate an amount |
23 | | from the Downstate Public Transportation Fund equal to the sum |
24 | | total of funds projected to be paid to the participants |
25 | | pursuant to Section 2-7. If the General Assembly fails to make |
26 | | appropriations sufficient to cover the amounts projected to be |
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1 | | paid pursuant to Section 2-7, this Act shall constitute an |
2 | | irrevocable and continuing appropriation from the Downstate |
3 | | Public Transportation Fund of all amounts necessary for those |
4 | | purposes. |
5 | | (e) (Blank). |
6 | | (f) (Blank). |
7 | | (g) (Blank). |
8 | | (h) For State fiscal year 2020 only, notwithstanding any |
9 | | provision of law to the contrary, the total amount of revenue |
10 | | and deposits under this Section attributable to revenues |
11 | | realized during State fiscal year 2020 shall be reduced by 5%. |
12 | | (i) For State fiscal year 2021 only, notwithstanding any |
13 | | provision of law to the contrary, the total amount of revenue |
14 | | and deposits under this Section attributable to revenues |
15 | | realized during State fiscal year 2021 shall be reduced by 5%. |
16 | | (j) Commencing with State fiscal year 2022 programs, and |
17 | | for each fiscal year thereafter, all appropriations made under |
18 | | the provisions of this Act shall not constitute a grant |
19 | | program subject to the requirements of the Grant |
20 | | Accountability and Transparency Act. The Department shall |
21 | | approve programs of proposed expenditures and services |
22 | | submitted by participants under the requirements of Sections |
23 | | 2-5 and 2-11. |
24 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
25 | | 102-626, eff. 8-27-21.)
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1 | | Section 5-50. The Illinois Income Tax Act is amended by |
2 | | changing Section 901 as follows:
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3 | | (35 ILCS 5/901) |
4 | | Sec. 901. Collection authority. |
5 | | (a) In general. The Department shall collect the taxes |
6 | | imposed by this Act. The Department shall collect certified |
7 | | past due child support amounts under Section 2505-650 of the |
8 | | Department of Revenue Law of the Civil Administrative Code of |
9 | | Illinois. Except as provided in subsections (b), (c), (e), |
10 | | (f), (g), and (h) of this Section, money collected pursuant to |
11 | | subsections (a) and (b) of Section 201 of this Act shall be |
12 | | paid into the General Revenue Fund in the State treasury; |
13 | | money collected pursuant to subsections (c) and (d) of Section |
14 | | 201 of this Act shall be paid into the Personal Property Tax |
15 | | Replacement Fund, a special fund in the State Treasury; and |
16 | | money collected under Section 2505-650 of the Department of |
17 | | Revenue Law of the Civil Administrative Code of Illinois shall |
18 | | be paid into the Child Support Enforcement Trust Fund, a |
19 | | special fund outside the State Treasury, or to the State |
20 | | Disbursement Unit established under Section 10-26 of the |
21 | | Illinois Public Aid Code, as directed by the Department of |
22 | | Healthcare and Family Services. |
23 | | (b) Local Government Distributive Fund. Beginning August |
24 | | 1, 2017 and continuing through July 31, 2022, the Treasurer |
25 | | shall transfer each month from the General Revenue Fund to the |
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1 | | Local Government Distributive Fund an amount equal to the sum |
2 | | of: (i) 6.06% (10% of the ratio of the 3% individual income tax |
3 | | rate prior to 2011 to the 4.95% individual income tax rate |
4 | | after July 1, 2017) of the net revenue realized from the tax |
5 | | imposed by subsections (a) and (b) of Section 201 of this Act |
6 | | upon individuals, trusts, and estates during the preceding |
7 | | month; (ii) 6.85% (10% of the ratio of the 4.8% corporate |
8 | | income tax rate prior to 2011 to the 7% corporate income tax |
9 | | rate after July 1, 2017) of the net revenue realized from the |
10 | | tax imposed by subsections (a) and (b) of Section 201 of this |
11 | | Act upon corporations during the preceding month; and (iii) |
12 | | beginning February 1, 2022, 6.06% of the net revenue realized |
13 | | from the tax imposed by subsection (p) of Section 201 of this |
14 | | Act upon electing pass-through entities. Beginning August 1, |
15 | | 2022 and continuing through July 31, 2023, the Treasurer shall |
16 | | transfer each month from the General Revenue Fund to the Local |
17 | | Government Distributive Fund an amount equal to the sum of: |
18 | | (i) 6.16% of the net revenue realized from the tax imposed by |
19 | | subsections (a) and (b) of Section 201 of this Act upon |
20 | | individuals, trusts, and estates during the preceding month; |
21 | | (ii) 6.85% of the net revenue realized from the tax imposed by |
22 | | subsections (a) and (b) of Section 201 of this Act upon |
23 | | corporations during the preceding month; and (iii) 6.16% of |
24 | | the net revenue realized from the tax imposed by subsection |
25 | | (p) of Section 201 of this Act upon electing pass-through |
26 | | entities. Beginning August 1, 2023, the Treasurer shall |
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1 | | transfer each month from the General Revenue Fund to the Local |
2 | | Government Distributive Fund an amount equal to the sum of: |
3 | | (i) 6.47% of the net revenue realized from the tax imposed by |
4 | | subsections (a) and (b) of Section 201 of this Act upon |
5 | | individuals, trusts, and estates during the preceding month; |
6 | | (ii) 6.85% of the net revenue realized from the tax imposed by |
7 | | subsections (a) and (b) of Section 201 of this Act upon |
8 | | corporations during the preceding month; and (iii) 6.47% of |
9 | | the net revenue realized from the tax imposed by subsection |
10 | | (p) of Section 201 of this Act upon electing pass-through |
11 | | entities. Net revenue realized for a month shall be defined as |
12 | | the revenue from the tax imposed by subsections (a) and (b) of |
13 | | Section 201 of this Act which is deposited into the General |
14 | | Revenue Fund, the Education Assistance Fund, the Income Tax |
15 | | Surcharge Local Government Distributive Fund, the Fund for the |
16 | | Advancement of Education, and the Commitment to Human Services |
17 | | Fund during the month minus the amount paid out of the General |
18 | | Revenue Fund in State warrants during that same month as |
19 | | refunds to taxpayers for overpayment of liability under the |
20 | | tax imposed by subsections (a) and (b) of Section 201 of this |
21 | | Act. |
22 | | Notwithstanding any provision of law to the contrary, |
23 | | beginning on July 6, 2017 (the effective date of Public Act |
24 | | 100-23), those amounts required under this subsection (b) to |
25 | | be transferred by the Treasurer into the Local Government |
26 | | Distributive Fund from the General Revenue Fund shall be |
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1 | | directly deposited into the Local Government Distributive Fund |
2 | | as the revenue is realized from the tax imposed by subsections |
3 | | (a) and (b) of Section 201 of this Act. |
4 | | (c) Deposits Into Income Tax Refund Fund. |
5 | | (1) Beginning on January 1, 1989 and thereafter, the |
6 | | Department shall deposit a percentage of the amounts |
7 | | collected pursuant to subsections (a) and (b)(1), (2), and |
8 | | (3) of Section 201 of this Act into a fund in the State |
9 | | treasury known as the Income Tax Refund Fund. Beginning |
10 | | with State fiscal year 1990 and for each fiscal year |
11 | | thereafter, the percentage deposited into the Income Tax |
12 | | Refund Fund during a fiscal year shall be the Annual |
13 | | Percentage. For fiscal year 2011, the Annual Percentage |
14 | | shall be 8.75%. For fiscal year 2012, the Annual |
15 | | Percentage shall be 8.75%. For fiscal year 2013, the |
16 | | Annual Percentage shall be 9.75%. For fiscal year 2014, |
17 | | the Annual Percentage shall be 9.5%. For fiscal year 2015, |
18 | | the Annual Percentage shall be 10%. For fiscal year 2018, |
19 | | the Annual Percentage shall be 9.8%. For fiscal year 2019, |
20 | | the Annual Percentage shall be 9.7%. For fiscal year 2020, |
21 | | the Annual Percentage shall be 9.5%. For fiscal year 2021, |
22 | | the Annual Percentage shall be 9%. For fiscal year 2022, |
23 | | the Annual Percentage shall be 9.25%. For fiscal year |
24 | | 2023, the Annual Percentage shall be 9.25%. For fiscal |
25 | | year 2024, the Annual Percentage shall be 9.15%. For |
26 | | fiscal year 2025, the Annual Percentage shall be 9.15%. |
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1 | | For all other fiscal years, the Annual Percentage shall be |
2 | | calculated as a fraction, the numerator of which shall be |
3 | | the amount of refunds approved for payment by the |
4 | | Department during the preceding fiscal year as a result of |
5 | | overpayment of tax liability under subsections (a) and |
6 | | (b)(1), (2), and (3) of Section 201 of this Act plus the |
7 | | amount of such refunds remaining approved but unpaid at |
8 | | the end of the preceding fiscal year, minus the amounts |
9 | | transferred into the Income Tax Refund Fund from the |
10 | | Tobacco Settlement Recovery Fund, and the denominator of |
11 | | which shall be the amounts which will be collected |
12 | | pursuant to subsections (a) and (b)(1), (2), and (3) of |
13 | | Section 201 of this Act during the preceding fiscal year; |
14 | | except that in State fiscal year 2002, the Annual |
15 | | Percentage shall in no event exceed 7.6%. The Director of |
16 | | Revenue shall certify the Annual Percentage to the |
17 | | Comptroller on the last business day of the fiscal year |
18 | | immediately preceding the fiscal year for which it is to |
19 | | be effective. |
20 | | (2) Beginning on January 1, 1989 and thereafter, the |
21 | | Department shall deposit a percentage of the amounts |
22 | | collected pursuant to subsections (a) and (b)(6), (7), and |
23 | | (8), (c) and (d) of Section 201 of this Act into a fund in |
24 | | the State treasury known as the Income Tax Refund Fund. |
25 | | Beginning with State fiscal year 1990 and for each fiscal |
26 | | year thereafter, the percentage deposited into the Income |
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1 | | Tax Refund Fund during a fiscal year shall be the Annual |
2 | | Percentage. For fiscal year 2011, the Annual Percentage |
3 | | shall be 17.5%. For fiscal year 2012, the Annual |
4 | | Percentage shall be 17.5%. For fiscal year 2013, the |
5 | | Annual Percentage shall be 14%. For fiscal year 2014, the |
6 | | Annual Percentage shall be 13.4%. For fiscal year 2015, |
7 | | the Annual Percentage shall be 14%. For fiscal year 2018, |
8 | | the Annual Percentage shall be 17.5%. For fiscal year |
9 | | 2019, the Annual Percentage shall be 15.5%. For fiscal |
10 | | year 2020, the Annual Percentage shall be 14.25%. For |
11 | | fiscal year 2021, the Annual Percentage shall be 14%. For |
12 | | fiscal year 2022, the Annual Percentage shall be 15%. For |
13 | | fiscal year 2023, the Annual Percentage shall be 14.5%. |
14 | | For fiscal year 2024, the Annual Percentage shall be 14%. |
15 | | For fiscal year 2025, the Annual Percentage shall be 14%. |
16 | | For all other fiscal years, the Annual Percentage shall be |
17 | | calculated as a fraction, the numerator of which shall be |
18 | | the amount of refunds approved for payment by the |
19 | | Department during the preceding fiscal year as a result of |
20 | | overpayment of tax liability under subsections (a) and |
21 | | (b)(6), (7), and (8), (c) and (d) of Section 201 of this |
22 | | Act plus the amount of such refunds remaining approved but |
23 | | unpaid at the end of the preceding fiscal year, and the |
24 | | denominator of which shall be the amounts which will be |
25 | | collected pursuant to subsections (a) and (b)(6), (7), and |
26 | | (8), (c) and (d) of Section 201 of this Act during the |
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1 | | preceding fiscal year; except that in State fiscal year |
2 | | 2002, the Annual Percentage shall in no event exceed 23%. |
3 | | The Director of Revenue shall certify the Annual |
4 | | Percentage to the Comptroller on the last business day of |
5 | | the fiscal year immediately preceding the fiscal year for |
6 | | which it is to be effective. |
7 | | (3) The Comptroller shall order transferred and the |
8 | | Treasurer shall transfer from the Tobacco Settlement |
9 | | Recovery Fund to the Income Tax Refund Fund (i) |
10 | | $35,000,000 in January, 2001, (ii) $35,000,000 in January, |
11 | | 2002, and (iii) $35,000,000 in January, 2003. |
12 | | (d) Expenditures from Income Tax Refund Fund. |
13 | | (1) Beginning January 1, 1989, money in the Income Tax |
14 | | Refund Fund shall be expended exclusively for the purpose |
15 | | of paying refunds resulting from overpayment of tax |
16 | | liability under Section 201 of this Act and for making |
17 | | transfers pursuant to this subsection (d), except that in |
18 | | State fiscal years 2022 and 2023, moneys in the Income Tax |
19 | | Refund Fund shall also be used to pay one-time rebate |
20 | | payments as provided under Sections 208.5 and 212.1. |
21 | | (2) The Director shall order payment of refunds |
22 | | resulting from overpayment of tax liability under Section |
23 | | 201 of this Act from the Income Tax Refund Fund only to the |
24 | | extent that amounts collected pursuant to Section 201 of |
25 | | this Act and transfers pursuant to this subsection (d) and |
26 | | item (3) of subsection (c) have been deposited and |
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1 | | retained in the Fund. |
2 | | (3) As soon as possible after the end of each fiscal |
3 | | year, the Director shall order transferred and the State |
4 | | Treasurer and State Comptroller shall transfer from the |
5 | | Income Tax Refund Fund to the Personal Property Tax |
6 | | Replacement Fund an amount, certified by the Director to |
7 | | the Comptroller, equal to the excess of the amount |
8 | | collected pursuant to subsections (c) and (d) of Section |
9 | | 201 of this Act deposited into the Income Tax Refund Fund |
10 | | during the fiscal year over the amount of refunds |
11 | | resulting from overpayment of tax liability under |
12 | | subsections (c) and (d) of Section 201 of this Act paid |
13 | | from the Income Tax Refund Fund during the fiscal year. |
14 | | (4) As soon as possible after the end of each fiscal |
15 | | year, the Director shall order transferred and the State |
16 | | Treasurer and State Comptroller shall transfer from the |
17 | | Personal Property Tax Replacement Fund to the Income Tax |
18 | | Refund Fund an amount, certified by the Director to the |
19 | | Comptroller, equal to the excess of the amount of refunds |
20 | | resulting from overpayment of tax liability under |
21 | | subsections (c) and (d) of Section 201 of this Act paid |
22 | | from the Income Tax Refund Fund during the fiscal year |
23 | | over the amount collected pursuant to subsections (c) and |
24 | | (d) of Section 201 of this Act deposited into the Income |
25 | | Tax Refund Fund during the fiscal year. |
26 | | (4.5) As soon as possible after the end of fiscal year |
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1 | | 1999 and of each fiscal year thereafter, the Director |
2 | | shall order transferred and the State Treasurer and State |
3 | | Comptroller shall transfer from the Income Tax Refund Fund |
4 | | to the General Revenue Fund any surplus remaining in the |
5 | | Income Tax Refund Fund as of the end of such fiscal year; |
6 | | excluding for fiscal years 2000, 2001, and 2002 amounts |
7 | | attributable to transfers under item (3) of subsection (c) |
8 | | less refunds resulting from the earned income tax credit, |
9 | | and excluding for fiscal year 2022 amounts attributable to |
10 | | transfers from the General Revenue Fund authorized by |
11 | | Public Act 102-700. |
12 | | (5) This Act shall constitute an irrevocable and |
13 | | continuing appropriation from the Income Tax Refund Fund |
14 | | for the purposes of (i) paying refunds upon the order of |
15 | | the Director in accordance with the provisions of this |
16 | | Section and (ii) paying one-time rebate payments under |
17 | | Sections 208.5 and 212.1. |
18 | | (e) Deposits into the Education Assistance Fund and the |
19 | | Income Tax Surcharge Local Government Distributive Fund. On |
20 | | July 1, 1991, and thereafter, of the amounts collected |
21 | | pursuant to subsections (a) and (b) of Section 201 of this Act, |
22 | | minus deposits into the Income Tax Refund Fund, the Department |
23 | | shall deposit 7.3% into the Education Assistance Fund in the |
24 | | State Treasury. Beginning July 1, 1991, and continuing through |
25 | | January 31, 1993, of the amounts collected pursuant to |
26 | | subsections (a) and (b) of Section 201 of the Illinois Income |
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1 | | Tax Act, minus deposits into the Income Tax Refund Fund, the |
2 | | Department shall deposit 3.0% into the Income Tax Surcharge |
3 | | Local Government Distributive Fund in the State Treasury. |
4 | | Beginning February 1, 1993 and continuing through June 30, |
5 | | 1993, of the amounts collected pursuant to subsections (a) and |
6 | | (b) of Section 201 of the Illinois Income Tax Act, minus |
7 | | deposits into the Income Tax Refund Fund, the Department shall |
8 | | deposit 4.4% into the Income Tax Surcharge Local Government |
9 | | Distributive Fund in the State Treasury. Beginning July 1, |
10 | | 1993, and continuing through June 30, 1994, of the amounts |
11 | | collected under subsections (a) and (b) of Section 201 of this |
12 | | Act, minus deposits into the Income Tax Refund Fund, the |
13 | | Department shall deposit 1.475% into the Income Tax Surcharge |
14 | | Local Government Distributive Fund in the State Treasury. |
15 | | (f) Deposits into the Fund for the Advancement of |
16 | | Education. Beginning February 1, 2015, the Department shall |
17 | | deposit the following portions of the revenue realized from |
18 | | the tax imposed upon individuals, trusts, and estates by |
19 | | subsections (a) and (b) of Section 201 of this Act, minus |
20 | | deposits into the Income Tax Refund Fund, into the Fund for the |
21 | | Advancement of Education: |
22 | | (1) beginning February 1, 2015, and prior to February |
23 | | 1, 2025, 1/30; and |
24 | | (2) beginning February 1, 2025, 1/26. |
25 | | If the rate of tax imposed by subsection (a) and (b) of |
26 | | Section 201 is reduced pursuant to Section 201.5 of this Act, |
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1 | | the Department shall not make the deposits required by this |
2 | | subsection (f) on or after the effective date of the |
3 | | reduction. |
4 | | (g) Deposits into the Commitment to Human Services Fund. |
5 | | Beginning February 1, 2015, the Department shall deposit the |
6 | | following portions of the revenue realized from the tax |
7 | | imposed upon individuals, trusts, and estates by subsections |
8 | | (a) and (b) of Section 201 of this Act, minus deposits into the |
9 | | Income Tax Refund Fund, into the Commitment to Human Services |
10 | | Fund: |
11 | | (1) beginning February 1, 2015, and prior to February |
12 | | 1, 2025, 1/30; and |
13 | | (2) beginning February 1, 2025, 1/26. |
14 | | If the rate of tax imposed by subsection (a) and (b) of |
15 | | Section 201 is reduced pursuant to Section 201.5 of this Act, |
16 | | the Department shall not make the deposits required by this |
17 | | subsection (g) on or after the effective date of the |
18 | | reduction. |
19 | | (h) Deposits into the Tax Compliance and Administration |
20 | | Fund. Beginning on the first day of the first calendar month to |
21 | | occur on or after August 26, 2014 (the effective date of Public |
22 | | Act 98-1098), each month the Department shall pay into the Tax |
23 | | Compliance and Administration Fund, to be used, subject to |
24 | | appropriation, to fund additional auditors and compliance |
25 | | personnel at the Department, an amount equal to 1/12 of 5% of |
26 | | the cash receipts collected during the preceding fiscal year |
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1 | | by the Audit Bureau of the Department from the tax imposed by |
2 | | subsections (a), (b), (c), and (d) of Section 201 of this Act, |
3 | | net of deposits into the Income Tax Refund Fund made from those |
4 | | cash receipts. |
5 | | (Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; |
6 | | 102-658, eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff. |
7 | | 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. 6-7-23; 103-154, |
8 | | eff. 6-30-23.)
|
9 | | Section 5-60. The Regional Transportation Authority Act is |
10 | | amended by changing Section 4.09 as follows:
|
11 | | (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09) |
12 | | Sec. 4.09. Public Transportation Fund and the Regional |
13 | | Transportation Authority Occupation and Use Tax Replacement |
14 | | Fund. |
15 | | (a)(1) Except as otherwise provided in paragraph (4), as |
16 | | soon as possible after the first day of each month, beginning |
17 | | July 1, 1984, upon certification of the Department of Revenue, |
18 | | the Comptroller shall order transferred and the Treasurer |
19 | | shall transfer from the General Revenue Fund to a special fund |
20 | | in the State Treasury to be known as the Public Transportation |
21 | | Fund an amount equal to 25% of the net revenue, before the |
22 | | deduction of the serviceman and retailer discounts pursuant to |
23 | | Section 9 of the Service Occupation Tax Act and Section 3 of |
24 | | the Retailers' Occupation Tax Act, realized from any tax |
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1 | | imposed by the Authority pursuant to Sections 4.03 and 4.03.1 |
2 | | and 25% of the amounts deposited into the Regional |
3 | | Transportation Authority tax fund created by Section 4.03 of |
4 | | this Act, from the County and Mass Transit District Fund as |
5 | | provided in Section 6z-20 of the State Finance Act and 25% of |
6 | | the amounts deposited into the Regional Transportation |
7 | | Authority Occupation and Use Tax Replacement Fund from the |
8 | | State and Local Sales Tax Reform Fund as provided in Section |
9 | | 6z-17 of the State Finance Act. On the first day of the month |
10 | | following the date that the Department receives revenues from |
11 | | increased taxes under Section 4.03(m) as authorized by Public |
12 | | Act 95-708, in lieu of the transfers authorized in the |
13 | | preceding sentence, upon certification of the Department of |
14 | | Revenue, the Comptroller shall order transferred and the |
15 | | Treasurer shall transfer from the General Revenue Fund to the |
16 | | Public Transportation Fund an amount equal to 25% of the net |
17 | | revenue, before the deduction of the serviceman and retailer |
18 | | discounts pursuant to Section 9 of the Service Occupation Tax |
19 | | Act and Section 3 of the Retailers' Occupation Tax Act, |
20 | | realized from (i) 80% of the proceeds of any tax imposed by the |
21 | | Authority at a rate of 1.25% in Cook County, (ii) 75% of the |
22 | | proceeds of any tax imposed by the Authority at the rate of 1% |
23 | | in Cook County, and (iii) one-third of the proceeds of any tax |
24 | | imposed by the Authority at the rate of 0.75% in the Counties |
25 | | of DuPage, Kane, Lake, McHenry, and Will, all pursuant to |
26 | | Section 4.03, and 25% of the net revenue realized from any tax |
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1 | | imposed by the Authority pursuant to Section 4.03.1, and 25% |
2 | | of the amounts deposited into the Regional Transportation |
3 | | Authority tax fund created by Section 4.03 of this Act from the |
4 | | County and Mass Transit District Fund as provided in Section |
5 | | 6z-20 of the State Finance Act, and 25% of the amounts |
6 | | deposited into the Regional Transportation Authority |
7 | | Occupation and Use Tax Replacement Fund from the State and |
8 | | Local Sales Tax Reform Fund as provided in Section 6z-17 of the |
9 | | State Finance Act. As used in this Section, net revenue |
10 | | realized for a month shall be the revenue collected by the |
11 | | State pursuant to Sections 4.03 and 4.03.1 during the previous |
12 | | month from within the metropolitan region, less the amount |
13 | | paid out during that same month as refunds to taxpayers for |
14 | | overpayment of liability in the metropolitan region under |
15 | | Sections 4.03 and 4.03.1. |
16 | | Notwithstanding any provision of law to the contrary, |
17 | | beginning on July 6, 2017 (the effective date of Public Act |
18 | | 100-23), those amounts required under this paragraph (1) of |
19 | | subsection (a) to be transferred by the Treasurer into the |
20 | | Public Transportation Fund from the General Revenue Fund shall |
21 | | be directly deposited into the Public Transportation Fund as |
22 | | the revenues are realized from the taxes indicated. |
23 | | (2) Except as otherwise provided in paragraph (4), on |
24 | | February 1, 2009 (the first day of the month following the |
25 | | effective date of Public Act 95-708) and each month |
26 | | thereafter, upon certification by the Department of Revenue, |
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1 | | the Comptroller shall order transferred and the Treasurer |
2 | | shall transfer from the General Revenue Fund to the Public |
3 | | Transportation Fund an amount equal to 5% of the net revenue, |
4 | | before the deduction of the serviceman and retailer discounts |
5 | | pursuant to Section 9 of the Service Occupation Tax Act and |
6 | | Section 3 of the Retailers' Occupation Tax Act, realized from |
7 | | any tax imposed by the Authority pursuant to Sections 4.03 and |
8 | | 4.03.1 and certified by the Department of Revenue under |
9 | | Section 4.03(n) of this Act to be paid to the Authority and 5% |
10 | | of the amounts deposited into the Regional Transportation |
11 | | Authority tax fund created by Section 4.03 of this Act from the |
12 | | County and Mass Transit District Fund as provided in Section |
13 | | 6z-20 of the State Finance Act, and 5% of the amounts deposited |
14 | | into the Regional Transportation Authority Occupation and Use |
15 | | Tax Replacement Fund from the State and Local Sales Tax Reform |
16 | | Fund as provided in Section 6z-17 of the State Finance Act, and |
17 | | 5% of the revenue realized by the Chicago Transit Authority as |
18 | | financial assistance from the City of Chicago from the |
19 | | proceeds of any tax imposed by the City of Chicago under |
20 | | Section 8-3-19 of the Illinois Municipal Code. |
21 | | Notwithstanding any provision of law to the contrary, |
22 | | beginning on July 6, 2017 (the effective date of Public Act |
23 | | 100-23), those amounts required under this paragraph (2) of |
24 | | subsection (a) to be transferred by the Treasurer into the |
25 | | Public Transportation Fund from the General Revenue Fund shall |
26 | | be directly deposited into the Public Transportation Fund as |
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1 | | the revenues are realized from the taxes indicated. |
2 | | (3) Except as otherwise provided in paragraph (4), as soon |
3 | | as possible after the first day of January, 2009 and each month |
4 | | thereafter, upon certification of the Department of Revenue |
5 | | with respect to the taxes collected under Section 4.03, the |
6 | | Comptroller shall order transferred and the Treasurer shall |
7 | | transfer from the General Revenue Fund to the Public |
8 | | Transportation Fund an amount equal to 25% of the net revenue, |
9 | | before the deduction of the serviceman and retailer discounts |
10 | | pursuant to Section 9 of the Service Occupation Tax Act and |
11 | | Section 3 of the Retailers' Occupation Tax Act, realized from |
12 | | (i) 20% of the proceeds of any tax imposed by the Authority at |
13 | | a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any |
14 | | tax imposed by the Authority at the rate of 1% in Cook County, |
15 | | and (iii) one-third of the proceeds of any tax imposed by the |
16 | | Authority at the rate of 0.75% in the Counties of DuPage, Kane, |
17 | | Lake, McHenry, and Will, all pursuant to Section 4.03, and the |
18 | | Comptroller shall order transferred and the Treasurer shall |
19 | | transfer from the General Revenue Fund to the Public |
20 | | Transportation Fund (iv) an amount equal to 25% of the revenue |
21 | | realized by the Chicago Transit Authority as financial |
22 | | assistance from the City of Chicago from the proceeds of any |
23 | | tax imposed by the City of Chicago under Section 8-3-19 of the |
24 | | Illinois Municipal Code. |
25 | | Notwithstanding any provision of law to the contrary, |
26 | | beginning on July 6, 2017 (the effective date of Public Act |
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1 | | 100-23), those amounts required under this paragraph (3) of |
2 | | subsection (a) to be transferred by the Treasurer into the |
3 | | Public Transportation Fund from the General Revenue Fund shall |
4 | | be directly deposited into the Public Transportation Fund as |
5 | | the revenues are realized from the taxes indicated. |
6 | | (4) Notwithstanding any provision of law to the contrary, |
7 | | for the State fiscal year beginning July 1, 2024 and each State |
8 | | fiscal year thereafter of the transfers to be made under |
9 | | paragraphs (1), (2), and (3) of this subsection (a) from the |
10 | | General Revenue Fund to the Public Transportation Fund , the |
11 | | first $225,000,000 $150,000,000 that would have otherwise been |
12 | | transferred from the General Revenue Fund and deposited into |
13 | | the Public Transportation Fund as provided in paragraphs (1), |
14 | | (2), and (3) of this subsection (a) shall instead be |
15 | | transferred from the Road Fund by the Treasurer upon |
16 | | certification by the Department of Revenue and order of the |
17 | | Comptroller . The next $50,000,000 that would have otherwise |
18 | | been transferred from the General Revenue Fund and deposited |
19 | | into the Public Transportation Fund as provided in paragraphs |
20 | | (1), (2), and (3) of this subsection (a) shall instead be |
21 | | transferred from the Underground Storage Tank Fund by the |
22 | | Treasurer upon certification by the Department of Revenue and |
23 | | order of the Comptroller. The remaining balance of such |
24 | | transfers shall be deposited each State fiscal year as |
25 | | otherwise provided in paragraphs (1), (2), and (3) of this |
26 | | subsection (a) made from the General Revenue Fund . |
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1 | | (5) (Blank). |
2 | | (6) (Blank). |
3 | | (7) For State fiscal year 2020 only, notwithstanding any |
4 | | provision of law to the contrary, the total amount of revenue |
5 | | and deposits under this Section attributable to revenues |
6 | | realized during State fiscal year 2020 shall be reduced by 5%. |
7 | | (8) For State fiscal year 2021 only, notwithstanding any |
8 | | provision of law to the contrary, the total amount of revenue |
9 | | and deposits under this Section attributable to revenues |
10 | | realized during State fiscal year 2021 shall be reduced by 5%. |
11 | | (b)(1) All moneys deposited in the Public Transportation |
12 | | Fund and the Regional Transportation Authority Occupation and |
13 | | Use Tax Replacement Fund, whether deposited pursuant to this |
14 | | Section or otherwise, are allocated to the Authority, except |
15 | | for amounts appropriated to the Office of the Executive |
16 | | Inspector General as authorized by subsection (h) of Section |
17 | | 4.03.3 and amounts transferred to the Audit Expense Fund |
18 | | pursuant to Section 6z-27 of the State Finance Act. The |
19 | | Comptroller, as soon as possible after each monthly transfer |
20 | | provided in this Section and after each deposit into the |
21 | | Public Transportation Fund, shall order the Treasurer to pay |
22 | | to the Authority out of the Public Transportation Fund the |
23 | | amount so transferred or deposited. Any Additional State |
24 | | Assistance and Additional Financial Assistance paid to the |
25 | | Authority under this Section shall be expended by the |
26 | | Authority for its purposes as provided in this Act. The |
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1 | | balance of the amounts paid to the Authority from the Public |
2 | | Transportation Fund shall be expended by the Authority as |
3 | | provided in Section 4.03.3. The Comptroller, as soon as |
4 | | possible after each deposit into the Regional Transportation |
5 | | Authority Occupation and Use Tax Replacement Fund provided in |
6 | | this Section and Section 6z-17 of the State Finance Act, shall |
7 | | order the Treasurer to pay to the Authority out of the Regional |
8 | | Transportation Authority Occupation and Use Tax Replacement |
9 | | Fund the amount so deposited. Such amounts paid to the |
10 | | Authority may be expended by it for its purposes as provided in |
11 | | this Act. The provisions directing the distributions from the |
12 | | Public Transportation Fund and the Regional Transportation |
13 | | Authority Occupation and Use Tax Replacement Fund provided for |
14 | | in this Section shall constitute an irrevocable and continuing |
15 | | appropriation of all amounts as provided herein. The State |
16 | | Treasurer and State Comptroller are hereby authorized and |
17 | | directed to make distributions as provided in this Section. |
18 | | (2) Provided, however, no moneys deposited under subsection |
19 | | (a) of this Section shall be paid from the Public |
20 | | Transportation Fund to the Authority or its assignee for any |
21 | | fiscal year until the Authority has certified to the Governor, |
22 | | the Comptroller, and the Mayor of the City of Chicago that it |
23 | | has adopted for that fiscal year an Annual Budget and Two-Year |
24 | | Financial Plan meeting the requirements in Section 4.01(b). |
25 | | (c) In recognition of the efforts of the Authority to |
26 | | enhance the mass transportation facilities under its control, |
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1 | | the State shall provide financial assistance ("Additional |
2 | | State Assistance") in excess of the amounts transferred to the |
3 | | Authority from the General Revenue Fund under subsection (a) |
4 | | of this Section. Additional State Assistance shall be |
5 | | calculated as provided in subsection (d), but shall in no |
6 | | event exceed the following specified amounts with respect to |
7 | | the following State fiscal years: |
|
8 | | 1990 | $5,000,000; | |
9 | | 1991 | $5,000,000; | |
10 | | 1992 | $10,000,000; | |
11 | | 1993 | $10,000,000; | |
12 | | 1994 | $20,000,000; | |
13 | | 1995 | $30,000,000; | |
14 | | 1996 | $40,000,000; | |
15 | | 1997 | $50,000,000; | |
16 | | 1998 | $55,000,000; and | |
17 | | each year thereafter | $55,000,000. |
|
18 | | (c-5) The State shall provide financial assistance |
19 | | ("Additional Financial Assistance") in addition to the |
20 | | Additional State Assistance provided by subsection (c) and the |
21 | | amounts transferred to the Authority from the General Revenue |
22 | | Fund under subsection (a) of this Section. Additional |
23 | | Financial Assistance provided by this subsection shall be |
24 | | calculated as provided in subsection (d), but shall in no |
25 | | event exceed the following specified amounts with respect to |
26 | | the following State fiscal years: |
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1 | | 2000 | $0; | |
2 | | 2001 | $16,000,000; | |
3 | | 2002 | $35,000,000; | |
4 | | 2003 | $54,000,000; | |
5 | | 2004 | $73,000,000; | |
6 | | 2005 | $93,000,000; and | |
7 | | each year thereafter | $100,000,000. |
|
8 | | (d) Beginning with State fiscal year 1990 and continuing |
9 | | for each State fiscal year thereafter, the Authority shall |
10 | | annually certify to the State Comptroller and State Treasurer, |
11 | | separately with respect to each of subdivisions (g)(2) and |
12 | | (g)(3) of Section 4.04 of this Act, the following amounts: |
13 | | (1) The amount necessary and required, during the |
14 | | State fiscal year with respect to which the certification |
15 | | is made, to pay its obligations for debt service on all |
16 | | outstanding bonds or notes issued by the Authority under |
17 | | subdivisions (g)(2) and (g)(3) of Section 4.04 of this |
18 | | Act. |
19 | | (2) An estimate of the amount necessary and required |
20 | | to pay its obligations for debt service for any bonds or |
21 | | notes which the Authority anticipates it will issue under |
22 | | subdivisions (g)(2) and (g)(3) of Section 4.04 during that |
23 | | State fiscal year. |
24 | | (3) Its debt service savings during the preceding |
25 | | State fiscal year from refunding or advance refunding of |
26 | | bonds or notes issued under subdivisions (g)(2) and (g)(3) |
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1 | | of Section 4.04. |
2 | | (4) The amount of interest, if any, earned by the |
3 | | Authority during the previous State fiscal year on the |
4 | | proceeds of bonds or notes issued pursuant to subdivisions |
5 | | (g)(2) and (g)(3) of Section 4.04, other than refunding or |
6 | | advance refunding bonds or notes. |
7 | | The certification shall include a specific schedule of |
8 | | debt service payments, including the date and amount of each |
9 | | payment for all outstanding bonds or notes and an estimated |
10 | | schedule of anticipated debt service for all bonds and notes |
11 | | it intends to issue, if any, during that State fiscal year, |
12 | | including the estimated date and estimated amount of each |
13 | | payment. |
14 | | Immediately upon the issuance of bonds for which an |
15 | | estimated schedule of debt service payments was prepared, the |
16 | | Authority shall file an amended certification with respect to |
17 | | item (2) above, to specify the actual schedule of debt service |
18 | | payments, including the date and amount of each payment, for |
19 | | the remainder of the State fiscal year. |
20 | | On the first day of each month of the State fiscal year in |
21 | | which there are bonds outstanding with respect to which the |
22 | | certification is made, the State Comptroller shall order |
23 | | transferred and the State Treasurer shall transfer from the |
24 | | Road Fund to the Public Transportation Fund the Additional |
25 | | State Assistance and Additional Financial Assistance in an |
26 | | amount equal to the aggregate of (i) one-twelfth of the sum of |
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1 | | the amounts certified under items (1) and (3) above less the |
2 | | amount certified under item (4) above, plus (ii) the amount |
3 | | required to pay debt service on bonds and notes issued during |
4 | | the fiscal year, if any, divided by the number of months |
5 | | remaining in the fiscal year after the date of issuance, or |
6 | | some smaller portion as may be necessary under subsection (c) |
7 | | or (c-5) of this Section for the relevant State fiscal year, |
8 | | plus (iii) any cumulative deficiencies in transfers for prior |
9 | | months, until an amount equal to the sum of the amounts |
10 | | certified under items (1) and (3) above, plus the actual debt |
11 | | service certified under item (2) above, less the amount |
12 | | certified under item (4) above, has been transferred; except |
13 | | that these transfers are subject to the following limits: |
14 | | (A) In no event shall the total transfers in any State |
15 | | fiscal year relating to outstanding bonds and notes issued |
16 | | by the Authority under subdivision (g)(2) of Section 4.04 |
17 | | exceed the lesser of the annual maximum amount specified |
18 | | in subsection (c) or the sum of the amounts certified |
19 | | under items (1) and (3) above, plus the actual debt |
20 | | service certified under item (2) above, less the amount |
21 | | certified under item (4) above, with respect to those |
22 | | bonds and notes. |
23 | | (B) In no event shall the total transfers in any State |
24 | | fiscal year relating to outstanding bonds and notes issued |
25 | | by the Authority under subdivision (g)(3) of Section 4.04 |
26 | | exceed the lesser of the annual maximum amount specified |
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1 | | in subsection (c-5) or the sum of the amounts certified |
2 | | under items (1) and (3) above, plus the actual debt |
3 | | service certified under item (2) above, less the amount |
4 | | certified under item (4) above, with respect to those |
5 | | bonds and notes. |
6 | | The term "outstanding" does not include bonds or notes for |
7 | | which refunding or advance refunding bonds or notes have been |
8 | | issued. |
9 | | (e) Neither Additional State Assistance nor Additional |
10 | | Financial Assistance may be pledged, either directly or |
11 | | indirectly as general revenues of the Authority, as security |
12 | | for any bonds issued by the Authority. The Authority may not |
13 | | assign its right to receive Additional State Assistance or |
14 | | Additional Financial Assistance, or direct payment of |
15 | | Additional State Assistance or Additional Financial |
16 | | Assistance, to a trustee or any other entity for the payment of |
17 | | debt service on its bonds. |
18 | | (f) The certification required under subsection (d) with |
19 | | respect to outstanding bonds and notes of the Authority shall |
20 | | be filed as early as practicable before the beginning of the |
21 | | State fiscal year to which it relates. The certification shall |
22 | | be revised as may be necessary to accurately state the debt |
23 | | service requirements of the Authority. |
24 | | (g) Within 6 months of the end of each fiscal year, the |
25 | | Authority shall determine: |
26 | | (i) whether the aggregate of all system generated |
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1 | | revenues for public transportation in the metropolitan |
2 | | region which is provided by, or under grant or purchase of |
3 | | service contracts with, the Service Boards equals 50% of |
4 | | the aggregate of all costs of providing such public |
5 | | transportation. "System generated revenues" include all |
6 | | the proceeds of fares and charges for services provided, |
7 | | contributions received in connection with public |
8 | | transportation from units of local government other than |
9 | | the Authority, except for contributions received by the |
10 | | Chicago Transit Authority from a real estate transfer tax |
11 | | imposed under subsection (i) of Section 8-3-19 of the |
12 | | Illinois Municipal Code, and from the State pursuant to |
13 | | subsection (i) of Section 2705-305 of the Department of |
14 | | Transportation Law, and all other revenues properly |
15 | | included consistent with generally accepted accounting |
16 | | principles but may not include: the proceeds from any |
17 | | borrowing, and, beginning with the 2007 fiscal year, all |
18 | | revenues and receipts, including but not limited to fares |
19 | | and grants received from the federal, State or any unit of |
20 | | local government or other entity, derived from providing |
21 | | ADA paratransit service pursuant to Section 2.30 of the |
22 | | Regional Transportation Authority Act. "Costs" include all |
23 | | items properly included as operating costs consistent with |
24 | | generally accepted accounting principles, including |
25 | | administrative costs, but do not include: depreciation; |
26 | | payment of principal and interest on bonds, notes or other |
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1 | | evidences of obligations for borrowed money of the |
2 | | Authority; payments with respect to public transportation |
3 | | facilities made pursuant to subsection (b) of Section |
4 | | 2.20; any payments with respect to rate protection |
5 | | contracts, credit enhancements or liquidity agreements |
6 | | made under Section 4.14; any other cost as to which it is |
7 | | reasonably expected that a cash expenditure will not be |
8 | | made; costs for passenger security including grants, |
9 | | contracts, personnel, equipment and administrative |
10 | | expenses, except in the case of the Chicago Transit |
11 | | Authority, in which case the term does not include costs |
12 | | spent annually by that entity for protection against crime |
13 | | as required by Section 27a of the Metropolitan Transit |
14 | | Authority Act; the costs of Debt Service paid by the |
15 | | Chicago Transit Authority, as defined in Section 12c of |
16 | | the Metropolitan Transit Authority Act, or bonds or notes |
17 | | issued pursuant to that Section; the payment by the |
18 | | Commuter Rail Division of debt service on bonds issued |
19 | | pursuant to Section 3B.09; expenses incurred by the |
20 | | Suburban Bus Division for the cost of new public |
21 | | transportation services funded from grants pursuant to |
22 | | Section 2.01e of this Act for a period of 2 years from the |
23 | | date of initiation of each such service; costs as exempted |
24 | | by the Board for projects pursuant to Section 2.09 of this |
25 | | Act; or, beginning with the 2007 fiscal year, expenses |
26 | | related to providing ADA paratransit service pursuant to |
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1 | | Section 2.30 of the Regional Transportation Authority Act; |
2 | | or in fiscal years 2008 through 2012 inclusive, costs in |
3 | | the amount of $200,000,000 in fiscal year 2008, reducing |
4 | | by $40,000,000 in each fiscal year thereafter until this |
5 | | exemption is eliminated. If said system generated revenues |
6 | | are less than 50% of said costs, the Board shall remit an |
7 | | amount equal to the amount of the deficit to the State; |
8 | | however, due to the fiscal impacts from the COVID-19 |
9 | | pandemic, for fiscal years 2021, 2022, 2023, 2024, and |
10 | | 2025, no such payment shall be required. The Treasurer |
11 | | shall deposit any such payment in the Road Fund; and |
12 | | (ii) whether, beginning with the 2007 fiscal year, the |
13 | | aggregate of all fares charged and received for ADA |
14 | | paratransit services equals the system generated ADA |
15 | | paratransit services revenue recovery ratio percentage of |
16 | | the aggregate of all costs of providing such ADA |
17 | | paratransit services. |
18 | | (h) If the Authority makes any payment to the State under |
19 | | paragraph (g), the Authority shall reduce the amount provided |
20 | | to a Service Board from funds transferred under paragraph (a) |
21 | | in proportion to the amount by which that Service Board failed |
22 | | to meet its required system generated revenues recovery ratio. |
23 | | A Service Board which is affected by a reduction in funds under |
24 | | this paragraph shall submit to the Authority concurrently with |
25 | | its next due quarterly report a revised budget incorporating |
26 | | the reduction in funds. The revised budget must meet the |
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1 | | criteria specified in clauses (i) through (vi) of Section |
2 | | 4.11(b)(2). The Board shall review and act on the revised |
3 | | budget as provided in Section 4.11(b)(3). |
4 | | (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24 .)
|
5 | | Section 5-65. The Mental Health Early Action on Campus Act |
6 | | is amended by changing Section 55 as follows:
|
7 | | (110 ILCS 58/55) |
8 | | Sec. 55. Funding. This Act is subject to appropriation. |
9 | | The Commission on Government Forecasting and Accountability, |
10 | | in conjunction with the Illinois Community College Board and |
11 | | the Board of Higher Education, must make recommendations to |
12 | | the General Assembly on the amounts necessary to implement |
13 | | this Act. The initial recommendation must be provided by the |
14 | | Commission no later than December 31, 2019. Any appropriation |
15 | | provided in advance of this initial recommendation may be used |
16 | | for planning purposes. No Section of this Act may be funded by |
17 | | student fees created on or after July 1, 2020. Public colleges |
18 | | or universities may seek federal funding or private grants, if |
19 | | available, to support the provisions of this Act. In order to |
20 | | raise mental health awareness on college campuses through |
21 | | training, peer support, and local partnerships, the Board of |
22 | | Higher Education may, subject to appropriation, establish and |
23 | | administer a grant program to assist public universities in |
24 | | implementing this Act. |
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1 | | (Source: P.A. 101-251, eff. 8-9-19.)
|
2 | | Section 5-70. The Illinois Health Benefits Exchange Law is |
3 | | amended by changing Section 5-30 as follows:
|
4 | | (215 ILCS 122/5-30) |
5 | | (Section scheduled to be repealed on January 1, 2025) |
6 | | Sec. 5-30. Transfers from Insurance Producer |
7 | | Administration Fund. |
8 | | (a) During fiscal year 2024 only, at the direction of and |
9 | | upon notification from the Director of Insurance, the State |
10 | | Comptroller shall direct and the State Treasurer shall |
11 | | transfer up to a total of $10,000,000 from the Insurance |
12 | | Producer Administration Fund to the Illinois Health Benefits |
13 | | Exchange Fund. |
14 | | (b) During fiscal year 2025 only, at the direction of and |
15 | | upon notification from the Director of Insurance, the State |
16 | | Comptroller shall direct and the State Treasurer shall |
17 | | transfer up to a total of $15,500,000 from the Insurance |
18 | | Producer Administration Fund to the Illinois Health Benefits |
19 | | Exchange Fund. |
20 | | (c) This Section is repealed on January 1, 2026 2025 . |
21 | | (Source: P.A. 103-8, eff. 6-7-23.)
|
22 | | Section 5-72. The African-American HIV/AIDS Response Act |
23 | | is amended by changing Section 27 as follows:
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1 | | (410 ILCS 303/27) |
2 | | Sec. 27. African-American HIV/AIDS Response Fund. |
3 | | (a) The African-American HIV/AIDS Response Fund is created |
4 | | as a special fund in the State treasury. Moneys deposited into |
5 | | the Fund shall, subject to appropriation, be used for grants |
6 | | for programs to prevent the transmission of HIV and other |
7 | | programs and activities consistent with the purposes of this |
8 | | Act, including, but not limited to, preventing and treating |
9 | | HIV/AIDS, the creation of an HIV/AIDS service delivery system, |
10 | | and the administration of the Act. The grants under this |
11 | | Section may be administered by a lead agent selected by the |
12 | | Department of Public Health, considering the entity's ability |
13 | | to administer grants and familiarity with the grantees' |
14 | | programs, and that selection shall be exempt from the public |
15 | | notice of funding opportunity under the Grant Accountability |
16 | | and Transparency Act or any rule regarding the public notice |
17 | | of funding opportunity adopted under that Act. The lead agent |
18 | | must demonstrate the ability to administer the grant to |
19 | | subgrantees in compliance with the requirements of the Grant |
20 | | Accountability and Transparency Act. Moneys for the Fund shall |
21 | | come from appropriations by the General Assembly, federal |
22 | | funds, and other public resources. |
23 | | (b) The Fund shall provide resources for communities in |
24 | | Illinois to create an HIV/AIDS service delivery system that |
25 | | reduces the disparity of HIV infection and AIDS cases between |
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1 | | African-Americans and other population groups in Illinois that |
2 | | may be impacted by the disease by, including but, not limited |
3 | | to: |
4 | | (1) developing, implementing, and maintaining a |
5 | | comprehensive, culturally sensitive HIV Prevention Plan |
6 | | targeting communities that are identified as high-risk in |
7 | | terms of the impact of the disease on African-Americans; |
8 | | (2) developing, implementing, and maintaining a stable |
9 | | HIV/AIDS service delivery infrastructure in Illinois |
10 | | communities that will meet the needs of African-Americans; |
11 | | (3) developing, implementing, and maintaining a |
12 | | statewide HIV/AIDS testing program; |
13 | | (4) providing funding for HIV/AIDS social and |
14 | | scientific research to improve prevention and treatment; |
15 | | (5) providing comprehensive technical and other |
16 | | assistance to African-American community service |
17 | | organizations that are involved in HIV/AIDS prevention and |
18 | | treatment; |
19 | | (6) developing, implementing, and maintaining an |
20 | | infrastructure for African-American community service |
21 | | organizations to make them less dependent on government |
22 | | resources; |
23 | | (7) (blank); and |
24 | | (8) creating, maintaining, or creating and maintaining |
25 | | at least one Black-led Center of Excellence HIV Biomedical |
26 | | Resource Hub for every $3,000,000 of available funding to |
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1 | | improve Black health and eliminate Black HIV-related |
2 | | health disparities; a Center of Excellence may be |
3 | | developed on a stand-alone or a collaborative basis and |
4 | | may provide regional comprehensive HIV preventative care |
5 | | and essential support services, which may include, but are |
6 | | not limited to, PrEP assessment, same day prescription |
7 | | delivery, primary HIV medical care or referral, case |
8 | | management, outpatient mental health, outpatient substance |
9 | | abuse, treatment, medication adherence, nutritional |
10 | | supplemental support, housing, financial assistance, |
11 | | workforce development, criminal justice involvement, and |
12 | | advocacy services. |
13 | | (c) When providing grants pursuant to this Fund, the |
14 | | Department of Public Health shall give priority to the |
15 | | development of comprehensive medical and social services to |
16 | | African-Americans at risk of infection from or infected with |
17 | | HIV/AIDS in areas of the State determined to have the greatest |
18 | | geographic prevalence of HIV/AIDS in the African-American |
19 | | population. |
20 | | (d) (Blank). |
21 | | (Source: P.A. 102-1052, eff. 1-1-23 .)
|
22 | | Section 5-75. The Environmental Protection Act is amended |
23 | | by changing Sections 22.15, 55.6, and 57.11 as follows:
|
24 | | (415 ILCS 5/22.15) |
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1 | | Sec. 22.15. Solid Waste Management Fund; fees. |
2 | | (a) There is hereby created within the State Treasury a |
3 | | special fund to be known as the Solid Waste Management Fund, to |
4 | | be constituted from the fees collected by the State pursuant |
5 | | to this Section, from repayments of loans made from the Fund |
6 | | for solid waste projects, from registration fees collected |
7 | | pursuant to the Consumer Electronics Recycling Act, from fees |
8 | | collected under the Paint Stewardship Act, and from amounts |
9 | | transferred into the Fund pursuant to Public Act 100-433. |
10 | | Moneys received by either the Agency or the Department of |
11 | | Commerce and Economic Opportunity in repayment of loans made |
12 | | pursuant to the Illinois Solid Waste Management Act shall be |
13 | | deposited into the General Revenue Fund. |
14 | | (b) The Agency shall assess and collect a fee in the amount |
15 | | set forth herein from the owner or operator of each sanitary |
16 | | landfill permitted or required to be permitted by the Agency |
17 | | to dispose of solid waste if the sanitary landfill is located |
18 | | off the site where such waste was produced and if such sanitary |
19 | | landfill is owned, controlled, and operated by a person other |
20 | | than the generator of such waste. The Agency shall deposit all |
21 | | fees collected into the Solid Waste Management Fund. If a site |
22 | | is contiguous to one or more landfills owned or operated by the |
23 | | same person, the volumes permanently disposed of by each |
24 | | landfill shall be combined for purposes of determining the fee |
25 | | under this subsection. Beginning on July 1, 2018, and on the |
26 | | first day of each month thereafter during fiscal years 2019 |
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1 | | through 2025 2024 , the State Comptroller shall direct and |
2 | | State Treasurer shall transfer an amount equal to 1/12 of |
3 | | $5,000,000 per fiscal year from the Solid Waste Management |
4 | | Fund to the General Revenue Fund. |
5 | | (1) If more than 150,000 cubic yards of non-hazardous |
6 | | solid waste is permanently disposed of at a site in a |
7 | | calendar year, the owner or operator shall either pay a |
8 | | fee of 95 cents per cubic yard or, alternatively, the |
9 | | owner or operator may weigh the quantity of the solid |
10 | | waste permanently disposed of with a device for which |
11 | | certification has been obtained under the Weights and |
12 | | Measures Act and pay a fee of $2.00 per ton of solid waste |
13 | | permanently disposed of. In no case shall the fee |
14 | | collected or paid by the owner or operator under this |
15 | | paragraph exceed $1.55 per cubic yard or $3.27 per ton. |
16 | | (2) If more than 100,000 cubic yards but not more than |
17 | | 150,000 cubic yards of non-hazardous waste is permanently |
18 | | disposed of at a site in a calendar year, the owner or |
19 | | operator shall pay a fee of $52,630. |
20 | | (3) If more than 50,000 cubic yards but not more than |
21 | | 100,000 cubic yards of non-hazardous solid waste is |
22 | | permanently disposed of at a site in a calendar year, the |
23 | | owner or operator shall pay a fee of $23,790. |
24 | | (4) If more than 10,000 cubic yards but not more than |
25 | | 50,000 cubic yards of non-hazardous solid waste is |
26 | | permanently disposed of at a site in a calendar year, the |
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1 | | owner or operator shall pay a fee of $7,260. |
2 | | (5) If not more than 10,000 cubic yards of |
3 | | non-hazardous solid waste is permanently disposed of at a |
4 | | site in a calendar year, the owner or operator shall pay a |
5 | | fee of $1050. |
6 | | (c) (Blank). |
7 | | (d) The Agency shall establish rules relating to the |
8 | | collection of the fees authorized by this Section. Such rules |
9 | | shall include, but not be limited to: |
10 | | (1) necessary records identifying the quantities of |
11 | | solid waste received or disposed; |
12 | | (2) the form and submission of reports to accompany |
13 | | the payment of fees to the Agency; |
14 | | (3) the time and manner of payment of fees to the |
15 | | Agency, which payments shall not be more often than |
16 | | quarterly; and |
17 | | (4) procedures setting forth criteria establishing |
18 | | when an owner or operator may measure by weight or volume |
19 | | during any given quarter or other fee payment period. |
20 | | (e) Pursuant to appropriation, all monies in the Solid |
21 | | Waste Management Fund shall be used by the Agency for the |
22 | | purposes set forth in this Section and in the Illinois Solid |
23 | | Waste Management Act, including for the costs of fee |
24 | | collection and administration, for administration of the Paint |
25 | | Stewardship Act, and for the administration of the Consumer |
26 | | Electronics Recycling Act, the Drug Take-Back Act, and the |
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1 | | Statewide Recycling Needs Assessment Act. |
2 | | (f) The Agency is authorized to enter into such agreements |
3 | | and to promulgate such rules as are necessary to carry out its |
4 | | duties under this Section and the Illinois Solid Waste |
5 | | Management Act. |
6 | | (g) On the first day of January, April, July, and October |
7 | | of each year, beginning on July 1, 1996, the State Comptroller |
8 | | and Treasurer shall transfer $500,000 from the Solid Waste |
9 | | Management Fund to the Hazardous Waste Fund. Moneys |
10 | | transferred under this subsection (g) shall be used only for |
11 | | the purposes set forth in item (1) of subsection (d) of Section |
12 | | 22.2. |
13 | | (h) The Agency is authorized to provide financial |
14 | | assistance to units of local government for the performance of |
15 | | inspecting, investigating, and enforcement activities pursuant |
16 | | to subsection (r) of Section 4 at nonhazardous solid waste |
17 | | disposal sites. |
18 | | (i) The Agency is authorized to conduct household waste |
19 | | collection and disposal programs. |
20 | | (j) A unit of local government, as defined in the Local |
21 | | Solid Waste Disposal Act, in which a solid waste disposal |
22 | | facility is located may establish a fee, tax, or surcharge |
23 | | with regard to the permanent disposal of solid waste. All |
24 | | fees, taxes, and surcharges collected under this subsection |
25 | | shall be utilized for solid waste management purposes, |
26 | | including long-term monitoring and maintenance of landfills, |
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1 | | planning, implementation, inspection, enforcement and other |
2 | | activities consistent with the Illinois Solid Waste Management |
3 | | Act and the Local Solid Waste Disposal Act, or for any other |
4 | | environment-related purpose, including, but not limited to, an |
5 | | environment-related public works project, but not for the |
6 | | construction of a new pollution control facility other than a |
7 | | household hazardous waste facility. However, the total fee, |
8 | | tax or surcharge imposed by all units of local government |
9 | | under this subsection (j) upon the solid waste disposal |
10 | | facility shall not exceed: |
11 | | (1) 60¢ per cubic yard if more than 150,000 cubic |
12 | | yards of non-hazardous solid waste is permanently disposed |
13 | | of at the site in a calendar year, unless the owner or |
14 | | operator weighs the quantity of the solid waste received |
15 | | with a device for which certification has been obtained |
16 | | under the Weights and Measures Act, in which case the fee |
17 | | shall not exceed $1.27 per ton of solid waste permanently |
18 | | disposed of. |
19 | | (2) $33,350 if more than 100,000 cubic yards, but not |
20 | | more than 150,000 cubic yards, of non-hazardous waste is |
21 | | permanently disposed of at the site in a calendar year. |
22 | | (3) $15,500 if more than 50,000 cubic yards, but not |
23 | | more than 100,000 cubic yards, of non-hazardous solid |
24 | | waste is permanently disposed of at the site in a calendar |
25 | | year. |
26 | | (4) $4,650 if more than 10,000 cubic yards, but not |
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1 | | more than 50,000 cubic yards, of non-hazardous solid waste |
2 | | is permanently disposed of at the site in a calendar year. |
3 | | (5) $650 if not more than 10,000 cubic yards of |
4 | | non-hazardous solid waste is permanently disposed of at |
5 | | the site in a calendar year. |
6 | | The corporate authorities of the unit of local government |
7 | | may use proceeds from the fee, tax, or surcharge to reimburse a |
8 | | highway commissioner whose road district lies wholly or |
9 | | partially within the corporate limits of the unit of local |
10 | | government for expenses incurred in the removal of |
11 | | nonhazardous, nonfluid municipal waste that has been dumped on |
12 | | public property in violation of a State law or local |
13 | | ordinance. |
14 | | For the disposal of solid waste from general construction |
15 | | or demolition debris recovery facilities as defined in |
16 | | subsection (a-1) of Section 3.160, the total fee, tax, or |
17 | | surcharge imposed by all units of local government under this |
18 | | subsection (j) upon the solid waste disposal facility shall |
19 | | not exceed 50% of the applicable amount set forth above. A unit |
20 | | of local government, as defined in the Local Solid Waste |
21 | | Disposal Act, in which a general construction or demolition |
22 | | debris recovery facility is located may establish a fee, tax, |
23 | | or surcharge on the general construction or demolition debris |
24 | | recovery facility with regard to the permanent disposal of |
25 | | solid waste by the general construction or demolition debris |
26 | | recovery facility at a solid waste disposal facility, provided |
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1 | | that such fee, tax, or surcharge shall not exceed 50% of the |
2 | | applicable amount set forth above, based on the total amount |
3 | | of solid waste transported from the general construction or |
4 | | demolition debris recovery facility for disposal at solid |
5 | | waste disposal facilities, and the unit of local government |
6 | | and fee shall be subject to all other requirements of this |
7 | | subsection (j). |
8 | | A county or Municipal Joint Action Agency that imposes a |
9 | | fee, tax, or surcharge under this subsection may use the |
10 | | proceeds thereof to reimburse a municipality that lies wholly |
11 | | or partially within its boundaries for expenses incurred in |
12 | | the removal of nonhazardous, nonfluid municipal waste that has |
13 | | been dumped on public property in violation of a State law or |
14 | | local ordinance. |
15 | | If the fees are to be used to conduct a local sanitary |
16 | | landfill inspection or enforcement program, the unit of local |
17 | | government must enter into a written delegation agreement with |
18 | | the Agency pursuant to subsection (r) of Section 4. The unit of |
19 | | local government and the Agency shall enter into such a |
20 | | written delegation agreement within 60 days after the |
21 | | establishment of such fees. At least annually, the Agency |
22 | | shall conduct an audit of the expenditures made by units of |
23 | | local government from the funds granted by the Agency to the |
24 | | units of local government for purposes of local sanitary |
25 | | landfill inspection and enforcement programs, to ensure that |
26 | | the funds have been expended for the prescribed purposes under |
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1 | | the grant. |
2 | | The fees, taxes or surcharges collected under this |
3 | | subsection (j) shall be placed by the unit of local government |
4 | | in a separate fund, and the interest received on the moneys in |
5 | | the fund shall be credited to the fund. The monies in the fund |
6 | | may be accumulated over a period of years to be expended in |
7 | | accordance with this subsection. |
8 | | A unit of local government, as defined in the Local Solid |
9 | | Waste Disposal Act, shall prepare and post on its website, in |
10 | | April of each year, a report that details spending plans for |
11 | | monies collected in accordance with this subsection. The |
12 | | report will at a minimum include the following: |
13 | | (1) The total monies collected pursuant to this |
14 | | subsection. |
15 | | (2) The most current balance of monies collected |
16 | | pursuant to this subsection. |
17 | | (3) An itemized accounting of all monies expended for |
18 | | the previous year pursuant to this subsection. |
19 | | (4) An estimation of monies to be collected for the |
20 | | following 3 years pursuant to this subsection. |
21 | | (5) A narrative detailing the general direction and |
22 | | scope of future expenditures for one, 2 and 3 years. |
23 | | The exemptions granted under Sections 22.16 and 22.16a, |
24 | | and under subsection (k) of this Section, shall be applicable |
25 | | to any fee, tax or surcharge imposed under this subsection |
26 | | (j); except that the fee, tax or surcharge authorized to be |
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1 | | imposed under this subsection (j) may be made applicable by a |
2 | | unit of local government to the permanent disposal of solid |
3 | | waste after December 31, 1986, under any contract lawfully |
4 | | executed before June 1, 1986 under which more than 150,000 |
5 | | cubic yards (or 50,000 tons) of solid waste is to be |
6 | | permanently disposed of, even though the waste is exempt from |
7 | | the fee imposed by the State under subsection (b) of this |
8 | | Section pursuant to an exemption granted under Section 22.16. |
9 | | (k) In accordance with the findings and purposes of the |
10 | | Illinois Solid Waste Management Act, beginning January 1, 1989 |
11 | | the fee under subsection (b) and the fee, tax or surcharge |
12 | | under subsection (j) shall not apply to: |
13 | | (1) waste which is hazardous waste; |
14 | | (2) waste which is pollution control waste; |
15 | | (3) waste from recycling, reclamation or reuse |
16 | | processes which have been approved by the Agency as being |
17 | | designed to remove any contaminant from wastes so as to |
18 | | render such wastes reusable, provided that the process |
19 | | renders at least 50% of the waste reusable; the exemption |
20 | | set forth in this paragraph (3) of this subsection (k) |
21 | | shall not apply to general construction or demolition |
22 | | debris recovery facilities as defined in subsection (a-1) |
23 | | of Section 3.160; |
24 | | (4) non-hazardous solid waste that is received at a |
25 | | sanitary landfill and composted or recycled through a |
26 | | process permitted by the Agency; or |
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1 | | (5) any landfill which is permitted by the Agency to |
2 | | receive only demolition or construction debris or |
3 | | landscape waste. |
4 | | (Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; |
5 | | 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. |
6 | | 5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154, |
7 | | eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23; |
8 | | revised 12-15-23.)
|
9 | | (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6) |
10 | | Sec. 55.6. Used Tire Management Fund. |
11 | | (a) There is hereby created in the State Treasury a |
12 | | special fund to be known as the Used Tire Management Fund. |
13 | | There shall be deposited into the Fund all monies received as |
14 | | (1) recovered costs or proceeds from the sale of used tires |
15 | | under Section 55.3 of this Act, (2) repayment of loans from the |
16 | | Used Tire Management Fund, or (3) penalties or punitive |
17 | | damages for violations of this Title, except as provided by |
18 | | subdivision (b)(4) or (b)(4-5) of Section 42. |
19 | | (b) Beginning January 1, 1992, in addition to any other |
20 | | fees required by law, the owner or operator of each site |
21 | | required to be registered or permitted under subsection (d) or |
22 | | (d-5) of Section 55 shall pay to the Agency an annual fee of |
23 | | $100. Fees collected under this subsection shall be deposited |
24 | | into the Environmental Protection Permit and Inspection Fund. |
25 | | (c) Pursuant to appropriation, moneys up to an amount of |
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1 | | $4 million per fiscal year from the Used Tire Management Fund |
2 | | shall be allocated as follows: |
3 | | (1) 38% shall be available to the Agency for the |
4 | | following purposes, provided that priority shall be given |
5 | | to item (i): |
6 | | (i) To undertake preventive, corrective or removal |
7 | | action as authorized by and in accordance with Section |
8 | | 55.3, and to recover costs in accordance with Section |
9 | | 55.3. |
10 | | (ii) For the performance of inspection and |
11 | | enforcement activities for used and waste tire sites. |
12 | | (iii) (Blank). |
13 | | (iv) To provide financial assistance to units of |
14 | | local government for the performance of inspecting, |
15 | | investigating and enforcement activities pursuant to |
16 | | subsection (r) of Section 4 at used and waste tire |
17 | | sites. |
18 | | (v) To provide financial assistance for used and |
19 | | waste tire collection projects sponsored by local |
20 | | government or not-for-profit corporations. |
21 | | (vi) For the costs of fee collection and |
22 | | administration relating to used and waste tires, and |
23 | | to accomplish such other purposes as are authorized by |
24 | | this Act and regulations thereunder. |
25 | | (vii) To provide financial assistance to units of |
26 | | local government and private industry for the purposes |
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1 | | of: |
2 | | (A) assisting in the establishment of |
3 | | facilities and programs to collect, process, and |
4 | | utilize used and waste tires and tire-derived |
5 | | materials; |
6 | | (B) demonstrating the feasibility of |
7 | | innovative technologies as a means of collecting, |
8 | | storing, processing, and utilizing used and waste |
9 | | tires and tire-derived materials; and |
10 | | (C) applying demonstrated technologies as a |
11 | | means of collecting, storing, processing, and |
12 | | utilizing used and waste tires and tire-derived |
13 | | materials. |
14 | | (2) (Blank). |
15 | | (2.1) For the fiscal year beginning July 1, 2004 and |
16 | | for all fiscal years thereafter, 23% shall be deposited |
17 | | into the General Revenue Fund. Prior to the fiscal year |
18 | | beginning July 1, 2023, such transfers are at the |
19 | | direction of the Department of Revenue, and shall be made |
20 | | within 30 days after the end of each quarter. Beginning |
21 | | with the fiscal year beginning July 1, 2023, such |
22 | | transfers are at the direction of the Agency and shall be |
23 | | made within 30 days after the end of each quarter. |
24 | | (3) 25% shall be available to the Illinois Department |
25 | | of Public Health for the following purposes: |
26 | | (A) To investigate threats or potential threats to |
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1 | | the public health related to mosquitoes and other |
2 | | vectors of disease associated with the improper |
3 | | storage, handling and disposal of tires, improper |
4 | | waste disposal, or natural conditions. |
5 | | (B) To conduct surveillance and monitoring |
6 | | activities for mosquitoes and other arthropod vectors |
7 | | of disease, and surveillance of animals which provide |
8 | | a reservoir for disease-producing organisms. |
9 | | (C) To conduct training activities to promote |
10 | | vector control programs and integrated pest management |
11 | | as defined in the Vector Control Act. |
12 | | (D) To respond to inquiries, investigate |
13 | | complaints, conduct evaluations and provide technical |
14 | | consultation to help reduce or eliminate public health |
15 | | hazards and nuisance conditions associated with |
16 | | mosquitoes and other vectors. |
17 | | (E) To provide financial assistance to units of |
18 | | local government for training, investigation and |
19 | | response to public nuisances associated with |
20 | | mosquitoes and other vectors of disease. |
21 | | (4) 2% shall be available to the Department of |
22 | | Agriculture for its activities under the Illinois |
23 | | Pesticide Act relating to used and waste tires. |
24 | | (5) 2% shall be available to the Pollution Control |
25 | | Board for administration of its activities relating to |
26 | | used and waste tires. |
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1 | | (6) 10% shall be available to the University of |
2 | | Illinois for the Prairie Research Institute to perform |
3 | | research to study the biology, distribution, population |
4 | | ecology, and biosystematics of tire-breeding arthropods, |
5 | | especially mosquitoes, and the diseases they spread. |
6 | | (d) By January 1, 1998, and biennially thereafter, each |
7 | | State agency receiving an appropriation from the Used Tire |
8 | | Management Fund shall report to the Governor and the General |
9 | | Assembly on its activities relating to the Fund. |
10 | | (e) Any monies appropriated from the Used Tire Management |
11 | | Fund, but not obligated, shall revert to the Fund. |
12 | | (f) In administering the provisions of subdivisions (1), |
13 | | (2) and (3) of subsection (c) of this Section, the Agency, the |
14 | | Department of Commerce and Economic Opportunity, and the |
15 | | Illinois Department of Public Health shall ensure that |
16 | | appropriate funding assistance is provided to any municipality |
17 | | with a population over 1,000,000 or to any sanitary district |
18 | | which serves a population over 1,000,000. |
19 | | (g) Pursuant to appropriation, monies in excess of $4 |
20 | | million per fiscal year from the Used Tire Management Fund |
21 | | shall be used as follows: |
22 | | (1) 55% shall be available to the Agency and, in State |
23 | | fiscal year 2025 only, the Department of Commerce and |
24 | | Economic Opportunity for the following purposes, provided |
25 | | that priority shall be given to subparagraph (A): |
26 | | (A) To undertake preventive, corrective or renewed |
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1 | | action as authorized by and in accordance with Section |
2 | | 55.3 and to recover costs in accordance with Section |
3 | | 55.3. |
4 | | (B) To provide financial assistance to units of |
5 | | local government and private industry for the purposes |
6 | | of: |
7 | | (i) assisting in the establishment of |
8 | | facilities and programs to collect, process, and |
9 | | utilize used and waste tires and tire-derived |
10 | | materials; |
11 | | (ii) demonstrating the feasibility of |
12 | | innovative technologies as a means of collecting, |
13 | | storing, processing, and utilizing used and waste |
14 | | tires and tire-derived materials; and |
15 | | (iii) applying demonstrated technologies as a |
16 | | means of collecting, storing, processing, and |
17 | | utilizing used and waste tires and tire-derived |
18 | | materials. |
19 | | (C) To provide grants to public universities and |
20 | | private industry for research and development related |
21 | | to reducing the toxicity of tires and tire materials, |
22 | | vector-related research, disease-related research, and |
23 | | for related laboratory-based equipment and field-based |
24 | | equipment. |
25 | | (2) (Blank). |
26 | | (3) For the fiscal year beginning July 1, 2004 and for |
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1 | | all fiscal years thereafter, 45% shall be deposited into |
2 | | the General Revenue Fund. Prior to the fiscal year |
3 | | beginning July 1, 2023, such transfers are at the |
4 | | direction of the Department of Revenue, and shall be made |
5 | | within 30 days after the end of each quarter. Beginning |
6 | | with the fiscal year beginning July 1, 2023, such |
7 | | transfers are at the direction of the Agency and shall be |
8 | | made within 30 days after the end of each quarter. |
9 | | (Source: P.A. 103-363, eff. 7-28-23.)
|
10 | | (415 ILCS 5/57.11) |
11 | | Sec. 57.11. Underground Storage Tank Fund; creation. |
12 | | (a) There is hereby created in the State Treasury a |
13 | | special fund to be known as the Underground Storage Tank Fund. |
14 | | There shall be deposited into the Underground Storage Tank |
15 | | Fund all moneys received by the Office of the State Fire |
16 | | Marshal as fees for underground storage tanks under Sections 4 |
17 | | and 5 of the Gasoline Storage Act, fees pursuant to the Motor |
18 | | Fuel Tax Law, and beginning July 1, 2013, payments pursuant to |
19 | | the Use Tax Act, the Service Use Tax Act, the Service |
20 | | Occupation Tax Act, and the Retailers' Occupation Tax Act. All |
21 | | amounts held in the Underground Storage Tank Fund shall be |
22 | | invested at interest by the State Treasurer. All income earned |
23 | | from the investments shall be deposited into the Underground |
24 | | Storage Tank Fund no less frequently than quarterly. In |
25 | | addition to any other transfers that may be provided for by |
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1 | | law, beginning on July 1, 2018 and on the first day of each |
2 | | month thereafter during fiscal years 2019 through 2025 2024 |
3 | | only, the State Comptroller shall direct and the State |
4 | | Treasurer shall transfer an amount equal to 1/12 of |
5 | | $10,000,000 from the Underground Storage Tank Fund to the |
6 | | General Revenue Fund. Moneys in the Underground Storage Tank |
7 | | Fund, pursuant to appropriation, may be used by the Agency and |
8 | | the Office of the State Fire Marshal for the following |
9 | | purposes: |
10 | | (1) To take action authorized under Section 57.12 to |
11 | | recover costs under Section 57.12. |
12 | | (2) To assist in the reduction and mitigation of |
13 | | damage caused by leaks from underground storage tanks, |
14 | | including but not limited to, providing alternative water |
15 | | supplies to persons whose drinking water has become |
16 | | contaminated as a result of those leaks. |
17 | | (3) To be used as a matching amount towards federal |
18 | | assistance relative to the release of petroleum from |
19 | | underground storage tanks. |
20 | | (4) For the costs of administering activities of the |
21 | | Agency and the Office of the State Fire Marshal relative |
22 | | to the Underground Storage Tank Fund. |
23 | | (5) For payment of costs of corrective action incurred |
24 | | by and indemnification to operators of underground storage |
25 | | tanks as provided in this Title. |
26 | | (6) For a total of 2 demonstration projects in amounts |
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1 | | in excess of a $10,000 deductible charge designed to |
2 | | assess the viability of corrective action projects at |
3 | | sites which have experienced contamination from petroleum |
4 | | releases. Such demonstration projects shall be conducted |
5 | | in accordance with the provision of this Title. |
6 | | (7) Subject to appropriation, moneys in the |
7 | | Underground Storage Tank Fund may also be used by the |
8 | | Department of Revenue for the costs of administering its |
9 | | activities relative to the Fund and for refunds provided |
10 | | for in Section 13a.8 of the Motor Fuel Tax Law. |
11 | | (b) Moneys in the Underground Storage Tank Fund may, |
12 | | pursuant to appropriation, be used by the Office of the State |
13 | | Fire Marshal or the Agency to take whatever emergency action |
14 | | is necessary or appropriate to assure that the public health |
15 | | or safety is not threatened whenever there is a release or |
16 | | substantial threat of a release of petroleum from an |
17 | | underground storage tank and for the costs of administering |
18 | | its activities relative to the Underground Storage Tank Fund. |
19 | | (c) Beginning July 1, 1993, the Governor shall certify to |
20 | | the State Comptroller and State Treasurer the monthly amount |
21 | | necessary to pay debt service on State obligations issued |
22 | | pursuant to Section 6 of the General Obligation Bond Act. On |
23 | | the last day of each month, the Comptroller shall order |
24 | | transferred and the Treasurer shall transfer from the |
25 | | Underground Storage Tank Fund to the General Obligation Bond |
26 | | Retirement and Interest Fund the amount certified by the |
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1 | | Governor, plus any cumulative deficiency in those transfers |
2 | | for prior months. |
3 | | (d) Except as provided in subsection (c) of this Section, |
4 | | the Underground Storage Tank Fund is not subject to |
5 | | administrative charges authorized under Section 8h of the |
6 | | State Finance Act that would in any way transfer any funds from |
7 | | the Underground Storage Tank Fund into any other fund of the |
8 | | State. |
9 | | (e) Each fiscal year, subject to appropriation, the Agency |
10 | | may commit up to $10,000,000 of the moneys in the Underground |
11 | | Storage Tank Fund to the payment of corrective action costs |
12 | | for legacy sites that meet one or more of the following |
13 | | criteria as a result of the underground storage tank release: |
14 | | (i) the presence of free product, (ii) contamination within a |
15 | | regulated recharge area, a wellhead protection area, or the |
16 | | setback zone of a potable water supply well, (iii) |
17 | | contamination extending beyond the boundaries of the site |
18 | | where the release occurred, or (iv) such other criteria as may |
19 | | be adopted in Agency rules. |
20 | | (1) Fund moneys committed under this subsection (e) |
21 | | shall be held in the Fund for payment of the corrective |
22 | | action costs for which the moneys were committed. |
23 | | (2) The Agency may adopt rules governing the |
24 | | commitment of Fund moneys under this subsection (e). |
25 | | (3) This subsection (e) does not limit the use of Fund |
26 | | moneys at legacy sites as otherwise provided under this |
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1 | | Title. |
2 | | (4) For the purposes of this subsection (e), the term |
3 | | "legacy site" means a site for which (i) an underground |
4 | | storage tank release was reported prior to January 1, |
5 | | 2005, (ii) the owner or operator has been determined |
6 | | eligible to receive payment from the Fund for corrective |
7 | | action costs, and (iii) the Agency did not receive any |
8 | | applications for payment prior to January 1, 2010. |
9 | | (f) Beginning July 1, 2013, if the amounts deposited into |
10 | | the Fund from moneys received by the Office of the State Fire |
11 | | Marshal as fees for underground storage tanks under Sections 4 |
12 | | and 5 of the Gasoline Storage Act and as fees pursuant to the |
13 | | Motor Fuel Tax Law during a State fiscal year are sufficient to |
14 | | pay all claims for payment by the fund received during that |
15 | | State fiscal year, then the amount of any payments into the |
16 | | fund pursuant to the Use Tax Act, the Service Use Tax Act, the |
17 | | Service Occupation Tax Act, and the Retailers' Occupation Tax |
18 | | Act during that State fiscal year shall be deposited as |
19 | | follows: 75% thereof shall be paid into the State treasury and |
20 | | 25% shall be reserved in a special account and used only for |
21 | | the transfer to the Common School Fund as part of the monthly |
22 | | transfer from the General Revenue Fund in accordance with |
23 | | Section 8a of the State Finance Act. |
24 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
25 | | 103-8, eff. 6-7-23.)
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1 | | Section 5-78. The Open Space Lands Acquisition and |
2 | | Development Act is amended by changing Section 3 as follows:
|
3 | | (525 ILCS 35/3) (from Ch. 85, par. 2103) |
4 | | Sec. 3. From appropriations made from the Capital |
5 | | Development Fund, Build Illinois Bond Fund or other available |
6 | | or designated funds for such purposes, the Department shall |
7 | | make grants to local governments as financial assistance for |
8 | | the capital development and improvement of park, recreation or |
9 | | conservation areas, marinas and shorelines, including planning |
10 | | and engineering costs, and for the acquisition of open space |
11 | | lands, including acquisition of easements and other property |
12 | | interests less than fee simple ownership if the Department |
13 | | determines that such property interests are sufficient to |
14 | | carry out the purposes of this Act, subject to the conditions |
15 | | and limitations set forth in this Act. |
16 | | No more than 10% of the amount so appropriated for any |
17 | | fiscal year may be committed or expended on any one project |
18 | | described in an application under this Act. |
19 | | Except for grants awarded from new appropriations in |
20 | | fiscal years year 2023 through and fiscal year 2025 2024 , any |
21 | | grant under this Act to a local government shall be |
22 | | conditioned upon the state providing assistance on a 50/50 |
23 | | matching basis for the acquisition of open space lands and for |
24 | | capital development and improvement proposals. However, a |
25 | | local government defined as "distressed" under criteria |
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1 | | adopted by the Department through administrative rule shall be |
2 | | eligible for assistance up to 90% for the acquisition of open |
3 | | space lands and for capital development and improvement |
4 | | proposals, provided that no more than 10% of the amount |
5 | | appropriated under this Act in any fiscal year is made |
6 | | available as grants to distressed local governments. For |
7 | | grants awarded from new appropriations in fiscal years year |
8 | | 2023 through and fiscal year 2025 2024 only, a local |
9 | | government defined as "distressed" is eligible for assistance |
10 | | up to 100% for the acquisition of open space lands and for |
11 | | capital development and improvement proposals. The Department |
12 | | may make more than 10% of the amount appropriated in fiscal |
13 | | years year 2023 through and fiscal year 2025 2024 available as |
14 | | grants to distressed local governments. |
15 | | An advance payment of a minimum of 50% of any grant made to |
16 | | a unit of local government under this Act must be paid to the |
17 | | unit of local government at the time the Department awards the |
18 | | grant. A unit of local government may opt out of the advanced |
19 | | payment option at the time of the award of the grant. The |
20 | | remainder of the grant shall be distributed to the local |
21 | | government quarterly on a reimbursement basis. The Department |
22 | | shall consider an applicant's request for an extension to a |
23 | | grant under this Act if (i) the advanced payment is expended or |
24 | | legally obligated within the 2 years required by Section 5 of |
25 | | the Illinois Grant Funds Recovery Act or (ii) no advanced |
26 | | payment was made. |
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1 | | (Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22; |
2 | | 103-8, eff. 6-7-23.)
|
3 | | Section 5-80. The Illinois Aeronautics Act is amended by |
4 | | changing Section 40 as follows:
|
5 | | (620 ILCS 5/40) (from Ch. 15 1/2, par. 22.40) |
6 | | Sec. 40. Disposition of federal funds. All monies accepted |
7 | | for disbursement by the Department pursuant to Section 38 |
8 | | shall be deposited into the Federal/State/Local Airport Fund, |
9 | | which is established as a federal trust fund in the State |
10 | | treasury to be held by with the State Treasurer as ex officio |
11 | | ex-officio custodian . Moneys in the Federal/State/Local |
12 | | Airport Fund and shall be disbursed upon a voucher or order of |
13 | | Secretary of Transportation and paid by a warrant drawn by the |
14 | | State Comptroller and countersigned by the State Treasurer. |
15 | | All such monies are to be expended in accordance with Federal |
16 | | laws and rules and regulations thereunder and with this Act. |
17 | | The Department is authorized, whether acting for this State or |
18 | | as the agent of any of its municipalities or other political |
19 | | subdivision, or when requested by the United States Government |
20 | | or any agency or department thereof, subject to section 41, |
21 | | disburse such monies for the designated purposes, but this |
22 | | shall not preclude any other authorized method of |
23 | | disbursement. |
24 | | (Source: P.A. 81-840.)
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1 | | Section 5-85. The Violent Crime Witness Protection Act is |
2 | | amended by changing Sections 5, 10, 15, and 20 as follows:
|
3 | | (725 ILCS 173/5) |
4 | | Sec. 5. Definitions Definition . As used in this Act : , |
5 | | "Local law enforcement agency" has the meaning given in |
6 | | Section 2 of the Illinois Police Training Act. |
7 | | " Violent violent crime" has the meaning given means a |
8 | | violent crime as that term is defined in Section 3 of the |
9 | | Rights of Crime Victims and Witnesses Act. |
10 | | (Source: P.A. 102-756, eff. 5-10-22.)
|
11 | | (725 ILCS 173/10) |
12 | | Sec. 10. Financial Assistance Program. The No later than |
13 | | January 1, 2023, the Illinois Criminal Justice Information |
14 | | Authority , in consultation with the Office of the Attorney |
15 | | General, shall establish a program to provide financial |
16 | | assistance to State's Attorney's offices and local law |
17 | | enforcement agencies for the establishment and maintenance of |
18 | | violent crime witness protection programs. Grantees shall use |
19 | | funds to assist victims and witnesses who are actively aiding |
20 | | in the prosecution of perpetrators of violent crime, and |
21 | | appropriate related persons or victims and witnesses |
22 | | determined by the Authority to be at risk of a discernible |
23 | | threat of violent crime. The program shall be administered by |
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1 | | the Illinois Criminal Justice Information Authority. The |
2 | | program shall offer, among other things, financial assistance, |
3 | | including financial assistance on an emergency basis, that may |
4 | | be provided upon application by a State's Attorney or the |
5 | | Attorney General, or a chief executive of a police agency from |
6 | | funds deposited in the Violent Crime Witness Protection |
7 | | Program Fund and appropriated from that Fund for the purposes |
8 | | of this Act. |
9 | | (Source: P.A. 102-756, eff. 5-10-22.)
|
10 | | (725 ILCS 173/15) |
11 | | Sec. 15. Funding. The Illinois Criminal Justice |
12 | | Information Authority, in consultation with the Office of the |
13 | | Attorney General, shall adopt rules for the implementation of |
14 | | the Violent Crime Witness Protection Program. The Program |
15 | | Assistance shall be subject to the following limitations: |
16 | | (a) Grant funds may be used to reimburse grantees for |
17 | | expenses associated with preexisting violent crime witness |
18 | | protection programs, including, but not limited to, Funds |
19 | | shall be limited to payment of the following: |
20 | | (1) emergency or temporary living costs; |
21 | | (2) moving expenses; |
22 | | (3) rent; |
23 | | (3.5) utilities; |
24 | | (4) security deposits for rent and utilities; |
25 | | (5) other appropriate expenses of relocation or |
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1 | | transition; |
2 | | (6) mental health treatment; and |
3 | | (7) lost wage assistance ; and |
4 | | (8) administrative costs . |
5 | | (b) Approval of applications made by State's Attorneys |
6 | | shall be conditioned upon county funding for costs at a |
7 | | level of at least 25%, unless this requirement is waived |
8 | | by the administrator, in accordance with adopted rules, |
9 | | for good cause shown. |
10 | | (c) (Blank). Counties providing assistance consistent |
11 | | with the limitations in this Act may apply for |
12 | | reimbursement of up to 75% of their costs. |
13 | | (d) No more than 50% of funding available in any given |
14 | | fiscal year may be used for costs associated with any |
15 | | single county. |
16 | | (d-5) Grant funds Funds may also be requested by local |
17 | | law enforcement agencies and, notwithstanding subsection |
18 | | (a), used to establish local violent crime witness |
19 | | protection programs. |
20 | | (e) Before the Illinois Criminal Justice Information |
21 | | Authority distributes moneys from the Violent Crime |
22 | | Witness Protection Program Fund as provided in this |
23 | | Section, it shall retain 5% of those moneys for |
24 | | administrative purposes. |
25 | | (f) (Blank). Direct reimbursement is allowed in whole |
26 | | or in part. |
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1 | | (g) Implementation of the Violent Crime Witness |
2 | | Protection Program is subject to appropriation contingent |
3 | | upon and subject to there being made sufficient |
4 | | appropriations for implementation of that program . |
5 | | (Source: P.A. 102-756, eff. 5-10-22.)
|
6 | | (725 ILCS 173/20) |
7 | | Sec. 20. Violent Crime Witness Protection Program Fund. |
8 | | There is created in the State treasury the Violent Crime |
9 | | Witness Protection Program Fund into which shall be deposited |
10 | | appropriated funds, grants, or other funds made available to |
11 | | the Illinois Criminal Justice Information Authority to assist |
12 | | State's Attorneys and local law enforcement agencies the |
13 | | Attorney General in protecting victims and witnesses who are |
14 | | aiding in the prosecution of perpetrators of violent crime, |
15 | | and appropriate related persons or victims and witnesses |
16 | | determined by the Authority to be at risk of a discernible |
17 | | threat of violent crime. |
18 | | (Source: P.A. 102-756, eff. 5-10-22.)
|
19 | | Section 5-90. The Revised Uniform Unclaimed Property Act |
20 | | is amended by changing Section 15-801 as follows:
|
21 | | (765 ILCS 1026/15-801) |
22 | | Sec. 15-801. Deposit of funds by administrator. |
23 | | (a) Except as otherwise provided in this Section, the |
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1 | | administrator shall deposit in the Unclaimed Property Trust |
2 | | Fund all funds received under this Act, including proceeds |
3 | | from the sale of property under Article 7. The administrator |
4 | | may deposit any amount in the Unclaimed Property Trust Fund |
5 | | into the State Pensions Fund during the fiscal year at his or |
6 | | her discretion; however, he or she shall, on April 15 and |
7 | | October 15 of each year, deposit any amount in the Unclaimed |
8 | | Property Trust Fund exceeding $2,500,000 into the State |
9 | | Pensions Fund. If on either April 15 or October 15, the |
10 | | administrator determines that a balance of $2,500,000 is |
11 | | insufficient for the prompt payment of unclaimed property |
12 | | claims authorized under this Act, the administrator may retain |
13 | | more than $2,500,000 in the Unclaimed Property Trust Fund in |
14 | | order to ensure the prompt payment of claims. Beginning in |
15 | | State fiscal year 2026 2025 , all amounts that are deposited |
16 | | into the State Pensions Fund from the Unclaimed Property Trust |
17 | | Fund shall be apportioned to the designated retirement systems |
18 | | as provided in subsection (c-6) of Section 8.12 of the State |
19 | | Finance Act to reduce their actuarial reserve deficiencies. |
20 | | (b) The administrator shall make prompt payment of claims |
21 | | he or she duly allows as provided for in this Act from the |
22 | | Unclaimed Property Trust Fund. This shall constitute an |
23 | | irrevocable and continuing appropriation of all amounts in the |
24 | | Unclaimed Property Trust Fund necessary to make prompt payment |
25 | | of claims duly allowed by the administrator pursuant to this |
26 | | Act. |
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1 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
2 | | 103-8, eff. 6-7-23.)
|
3 | | Section 5-95. The Unemployment Insurance Act is amended by |
4 | | changing Section 2103 as follows:
|
5 | | (820 ILCS 405/2103) (from Ch. 48, par. 663) |
6 | | Sec. 2103. Unemployment compensation administration and |
7 | | other workforce development costs. All moneys received by the |
8 | | State or by the Department from any source for the financing of |
9 | | the cost of administration of this Act, including all federal |
10 | | moneys allotted or apportioned to the State or to the |
11 | | Department for that purpose, including moneys received |
12 | | directly or indirectly from the federal government under the |
13 | | Job Training Partnership Act, and including moneys received |
14 | | from the Railroad Retirement Board as compensation for |
15 | | services or facilities supplied to said Board, or any moneys |
16 | | made available by this State or its political subdivisions and |
17 | | matched by moneys granted to this State pursuant to the |
18 | | provisions of the Wagner-Peyser Act, shall be received and |
19 | | held by the State Treasurer as ex officio ex-officio custodian |
20 | | thereof, separate and apart from all other State moneys, in |
21 | | the Title III Social Security and Employment Fund, and such |
22 | | funds shall be distributed or expended upon the direction of |
23 | | the Director and, except money received pursuant to the last |
24 | | paragraph of Section 2100B, shall be distributed or expended |
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1 | | solely for the purposes and in the amounts found necessary by |
2 | | the Secretary of Labor of the United States of America, or |
3 | | other appropriate federal agency, for the proper and efficient |
4 | | administration of this Act. Notwithstanding any provision of |
5 | | this Section, all money requisitioned and deposited with the |
6 | | State Treasurer pursuant to the last paragraph of Section |
7 | | 2100B shall remain part of the unemployment trust fund and |
8 | | shall be used only in accordance with the conditions specified |
9 | | in the last paragraph of Section 2100B. |
10 | | If any moneys received from the Secretary of Labor, or |
11 | | other appropriate federal agency, under Title III of the |
12 | | Social Security Act, or any moneys granted to this State |
13 | | pursuant to the provisions of the Wagner-Peyser Act, or any |
14 | | moneys made available by this State or its political |
15 | | subdivisions and matched by moneys granted to this State |
16 | | pursuant to the provisions of the Wagner-Peyser Act, are found |
17 | | by the Secretary of Labor, or other appropriate Federal |
18 | | agency, because of any action or contingency, to have been |
19 | | lost or expended for purposes other than, or in amounts in |
20 | | excess of, those found necessary, by the Secretary of Labor, |
21 | | or other appropriate Federal agency, for the proper |
22 | | administration of this Act, it is the policy of this State that |
23 | | such moneys shall be replaced by moneys appropriated for such |
24 | | purpose from the general funds of this State for expenditure |
25 | | as provided in the first paragraph of this Section. The |
26 | | Director shall report to the Governor's Office of Management |
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1 | | and Budget, in the same manner as is provided generally for the |
2 | | submission by State Departments of financial requirements for |
3 | | the ensuing fiscal year, and the Governor shall include in his |
4 | | budget report to the next regular session of the General |
5 | | Assembly, the amount required for such replacement. |
6 | | Moneys in the Title III Social Security and Employment |
7 | | Fund shall not be commingled with other State funds, but they |
8 | | shall be deposited as required by law and maintained in a |
9 | | separate account on the books of a savings and loan |
10 | | association or bank. |
11 | | The State Treasurer shall be liable on his general |
12 | | official bond for the faithful performance of his duties as |
13 | | custodian of all moneys in the Title III Social Security and |
14 | | Employment Fund. Such liability on his official bond shall |
15 | | exist in addition to the liability upon any separate bond |
16 | | given by him. All sums recovered for losses sustained by the |
17 | | fund herein described shall be deposited therein. |
18 | | Upon the effective date of Public Act 85-956 this |
19 | | amendatory Act of 1987 (January 1, 1988), the Comptroller |
20 | | shall transfer all unobligated funds from the Job Training |
21 | | Fund into the Title III Social Security and Employment Fund. |
22 | | On September 1, 2000, or as soon thereafter as may be |
23 | | reasonably practicable, the State Comptroller shall transfer |
24 | | all unobligated moneys from the Job Training Partnership Fund |
25 | | into the Title III Social Security and Employment Fund. The |
26 | | moneys transferred pursuant to Public Act 91-704 this |
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1 | | amendatory Act may be used or expended for purposes consistent |
2 | | with the conditions under which those moneys were received by |
3 | | the State. |
4 | | Beginning on July 1, 2000 ( the effective date of Public |
5 | | Act 91-704) this amendatory Act of the 91st General Assembly , |
6 | | all moneys that would otherwise be deposited into the Job |
7 | | Training Partnership Fund shall instead be deposited into the |
8 | | Title III Social Security and Employment Fund, to be used for |
9 | | purposes consistent with the conditions under which those |
10 | | moneys are received by the State, except that any moneys that |
11 | | may be necessary to pay liabilities outstanding as of June 30, |
12 | | 2000 shall be deposited into the Job Training Partnership |
13 | | Fund. |
14 | | On July 1, 2024, or as soon thereafter as practical, after |
15 | | making all necessary payments to the Federal Emergency |
16 | | Management Agency related to the federal Lost Wages Assistance |
17 | | program, the Director shall report to the Governor's Office of |
18 | | Management and Budget all amounts remaining in the Title III |
19 | | Social Security and Employment Fund from an appropriation to |
20 | | the Department for the purpose of making payments to the |
21 | | Federal Emergency Management Agency. At the direction of the |
22 | | Director of the Governor's Office of Management and Budget, |
23 | | the Comptroller shall direct and the Treasurer shall transfer |
24 | | the reported amount from the Title III Social Security and |
25 | | Employment Fund to the General Revenue Fund. |
26 | | (Source: P.A. 97-791, eff. 1-1-13.)
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1 | | Article 10.
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2 | | Section 10-5. The Illinois Administrative Procedure Act is |
3 | | amended by adding Sections 5-45.55 and 5-45.56 as follows:
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4 | | (5 ILCS 100/5-45.55 new) |
5 | | Sec. 5-45.55. Emergency rulemaking; Substance Use Disorder |
6 | | Act. To provide for the expeditious and timely implementation |
7 | | of the changes made to Section 55-30 of the Substance Use |
8 | | Disorder Act by this amendatory Act of the 103rd General |
9 | | Assembly, emergency rules implementing the changes made to |
10 | | that Section by this amendatory Act of the 103rd General |
11 | | Assembly may be adopted in accordance with Section 5-45 by the |
12 | | Department of Human Services or other department essential to |
13 | | the implementation of the changes. The adoption of emergency |
14 | | rules authorized by Section 5-45 and this Section is deemed to |
15 | | be necessary for the public interest, safety, and welfare. |
16 | | This Section is repealed one year after the effective date |
17 | | of this Section.
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18 | | (5 ILCS 100/5-45.56 new) |
19 | | Sec. 5-45.56. Emergency rulemaking; Illinois Public Aid |
20 | | Code. To provide for the expeditious and timely implementation |
21 | | of the changes made to the Illinois Public Aid Code by this |
22 | | amendatory Act of the 103rd General Assembly, emergency rules |
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1 | | implementing the changes made to that Code by this amendatory |
2 | | Act of the 103rd General Assembly may be adopted in accordance |
3 | | with Section 5-45 by the Department of Healthcare and Family |
4 | | Services, the Department of Human Services, or other |
5 | | departments essential to the implementation of the changes. |
6 | | The adoption of emergency rules authorized by Section 5-45 and |
7 | | this Section is deemed to be necessary for the public |
8 | | interest, safety, and welfare. |
9 | | This Section is repealed one year after the effective date |
10 | | of this Section.
|
11 | | Section 10-10. The Substance Use Disorder Act is amended |
12 | | by changing Section 55-30 as follows:
|
13 | | (20 ILCS 301/55-30) |
14 | | Sec. 55-30. Rate increase. |
15 | | (a) The Department shall by rule develop the increased |
16 | | rate methodology and annualize the increased rate beginning |
17 | | with State fiscal year 2018 contracts to licensed providers of |
18 | | community-based substance use disorder intervention or |
19 | | treatment, based on the additional amounts appropriated for |
20 | | the purpose of providing a rate increase to licensed |
21 | | providers. The Department shall adopt rules, including |
22 | | emergency rules under subsection (y) of Section 5-45 of the |
23 | | Illinois Administrative Procedure Act, to implement the |
24 | | provisions of this Section. |
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1 | | (b) (Blank). |
2 | | (c) Beginning on July 1, 2022, the Division of Substance |
3 | | Use Prevention and Recovery shall increase reimbursement rates |
4 | | for all community-based substance use disorder treatment and |
5 | | intervention services by 47%, including, but not limited to, |
6 | | all of the following: |
7 | | (1) Admission and Discharge Assessment. |
8 | | (2) Level 1 (Individual). |
9 | | (3) Level 1 (Group). |
10 | | (4) Level 2 (Individual). |
11 | | (5) Level 2 (Group). |
12 | | (6) Case Management. |
13 | | (7) Psychiatric Evaluation. |
14 | | (8) Medication Assisted Recovery. |
15 | | (9) Community Intervention. |
16 | | (10) Early Intervention (Individual). |
17 | | (11) Early Intervention (Group). |
18 | | Beginning in State Fiscal Year 2023, and every State |
19 | | fiscal year thereafter, reimbursement rates for those |
20 | | community-based substance use disorder treatment and |
21 | | intervention services shall be adjusted upward by an amount |
22 | | equal to the Consumer Price Index-U from the previous year, |
23 | | not to exceed 2% in any State fiscal year. If there is a |
24 | | decrease in the Consumer Price Index-U, rates shall remain |
25 | | unchanged for that State fiscal year. The Department shall |
26 | | adopt rules, including emergency rules in accordance with the |
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1 | | Illinois Administrative Procedure Act, to implement the |
2 | | provisions of this Section. |
3 | | As used in this Section, "Consumer Price Index-U" |
4 | | subsection, "consumer price index-u" means the index published |
5 | | by the Bureau of Labor Statistics of the United States |
6 | | Department of Labor that measures the average change in prices |
7 | | of goods and services purchased by all urban consumers, United |
8 | | States city average, all items, 1982-84 = 100. |
9 | | (d) Beginning on January 1, 2024, subject to federal |
10 | | approval, the Division of Substance Use Prevention and |
11 | | Recovery shall increase reimbursement rates for all ASAM level |
12 | | 3 residential/inpatient substance use disorder treatment and |
13 | | intervention services by 30%, including, but not limited to, |
14 | | the following services: |
15 | | (1) ASAM level 3.5 Clinically Managed High-Intensity |
16 | | Residential Services for adults; |
17 | | (2) ASAM level 3.5 Clinically Managed Medium-Intensity |
18 | | Residential Services for adolescents; |
19 | | (3) ASAM level 3.2 Clinically Managed Residential |
20 | | Withdrawal Management; |
21 | | (4) ASAM level 3.7 Medically Monitored Intensive |
22 | | Inpatient Services for adults and Medically Monitored |
23 | | High-Intensity Inpatient Services for adolescents; and |
24 | | (5) ASAM level 3.1 Clinically Managed Low-Intensity |
25 | | Residential Services for adults and adolescents. |
26 | | (e) Beginning in State fiscal year 2025, and every State |
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1 | | fiscal year thereafter, reimbursement rates for licensed or |
2 | | certified substance use disorder treatment providers of ASAM |
3 | | Level 3 residential/inpatient services for persons with |
4 | | substance use disorders shall be adjusted upward by an amount |
5 | | equal to the Consumer Price Index-U from the previous year, |
6 | | not to exceed 2% in any State fiscal year. If there is a |
7 | | decrease in the Consumer Price Index-U, rates shall remain |
8 | | unchanged for that State fiscal year. The Department shall |
9 | | adopt rules, including emergency rules, in accordance with the |
10 | | Illinois Administrative Procedure Act, to implement the |
11 | | provisions of this Section. |
12 | | (Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 6-16-23.)
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13 | | (20 ILCS 302/Act rep.) |
14 | | Section 10-15. The Substance Use Disorder Rate Equity Act |
15 | | is repealed.
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16 | | (20 ILCS 303/Act rep.) |
17 | | Section 10-20. The Substance Use Disorder Residential and |
18 | | Detox Rate Equity Act is repealed.
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19 | | (20 ILCS 2205/2205-31 rep.) |
20 | | Section 10-25. The Department of Healthcare and Family |
21 | | Services Law of the Civil Administrative Code of Illinois is |
22 | | amended by repealing Section 2205-31.
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1 | | Section 10-30. The Department of Public Health Powers and |
2 | | Duties Law of the Civil Administrative Code of Illinois is |
3 | | amended by adding Section 2310-730 as follows:
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4 | | (20 ILCS 2310/2310-730 new) |
5 | | Sec. 2310-730. Health care telementoring. |
6 | | (a) Subject to appropriation, the Department shall |
7 | | designate one or more health care telementoring entities based |
8 | | on an application to be developed by the Department. |
9 | | Applicants shall demonstrate a record of expertise and |
10 | | demonstrated success in providing health care telementoring |
11 | | services. The Department may adopt rules necessary for the |
12 | | implementation of this Section. Funding may be provided based |
13 | | on the number of health care providers or professionals who |
14 | | are assisted by each approved health care telementoring entity |
15 | | and the hours of assistance provided to each health care |
16 | | provider or professional in addition to other factors as |
17 | | determined by the Director. |
18 | | (b) In this Section: |
19 | | "Health care providers or professionals" means individuals |
20 | | trained to provide health care or related services. "Health |
21 | | care providers or professionals" includes, but is not limited |
22 | | to, physicians, nurses, physician assistants, speech language |
23 | | pathologists, social workers, and school personnel involved in |
24 | | screening for targeted conditions and providing support to |
25 | | students impacted by those conditions. |
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1 | | "Health care telementoring" means a program: |
2 | | (1) that is based on interactive video or phone |
3 | | technology that connects groups of local health care |
4 | | providers or professionals in urban and rural underserved |
5 | | areas with specialists in regular real-time collaborative |
6 | | sessions; |
7 | | (2) that is designed around case-based learning and |
8 | | mentorship; and |
9 | | (3) that helps local health care providers or |
10 | | professionals gain the expertise required to more |
11 | | effectively provide needed services. |
12 | | "Health care telementoring" includes, but is not limited |
13 | | to, a program provided to improve services in one or more of a |
14 | | variety of areas, including, but not limited to, chronic |
15 | | disease, communicable disease, atypical vision or hearing, |
16 | | adolescent health, Hepatitis C, complex diabetes, geriatrics, |
17 | | mental illness, opioid use disorders, substance use disorders, |
18 | | maternity care, childhood adversity and trauma, pediatric |
19 | | ADHD, congregate settings, including justice involved systems, |
20 | | and other priorities identified by the Department.
|
21 | | Section 10-32. The State Finance Act is amended by adding |
22 | | Sections 5.1017 and 6z-141 as follows:
|
23 | | (30 ILCS 105/5.1017 new) |
24 | | Sec. 5.1017. The Health Equity and Access Fund.
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1 | | (30 ILCS 105/6z-141 new) |
2 | | Sec. 6z-141. Health Equity and Access Fund. |
3 | | (a) The Health Equity and Access Fund is hereby created as |
4 | | a special fund in the State treasury and may receive moneys |
5 | | from any source, public or private, including moneys |
6 | | appropriated to the Department of Healthcare and Family |
7 | | Services. Interest earned on moneys in the Fund shall be |
8 | | deposited into the Fund. |
9 | | (b) Subject to appropriation, moneys in the Fund may be |
10 | | used by the Department of Healthcare and Family Services to |
11 | | pay for medical expenses or grants that advance health equity |
12 | | initiatives in Illinois. |
13 | | (c) The Department of Healthcare and Family Services may |
14 | | adopt rules to implement and administer the health equity |
15 | | initiative described in this Section.
|
16 | | Section 10-35. The Illinois Public Aid Code is amended by |
17 | | changing Sections 5-47 and 16-2 and by adding Section 12-4.13e |
18 | | as follows:
|
19 | | (305 ILCS 5/5-47) |
20 | | Sec. 5-47. Medicaid reimbursement rates; substance use |
21 | | disorder treatment providers and facilities. |
22 | | (a) Beginning on January 1, 2024, subject to federal |
23 | | approval, the Department of Healthcare and Family Services, in |
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1 | | conjunction with the Department of Human Services' Division of |
2 | | Substance Use Prevention and Recovery, shall provide a 30% |
3 | | increase in reimbursement rates for all Medicaid-covered ASAM |
4 | | Level 3 residential/inpatient substance use disorder treatment |
5 | | services. |
6 | | No existing or future reimbursement rates or add-ons shall |
7 | | be reduced or changed to address this proposed rate increase. |
8 | | No later than 3 months after June 16, 2023 ( the effective date |
9 | | of Public Act 103-102) this amendatory Act of the 103rd |
10 | | General Assembly , the Department of Healthcare and Family |
11 | | Services shall submit any necessary application to the federal |
12 | | Centers for Medicare and Medicaid Services to implement the |
13 | | requirements of this Section. |
14 | | (a-5) Beginning in State fiscal year 2025, and every State |
15 | | fiscal year thereafter, reimbursement rates for licensed or |
16 | | certified substance use disorder treatment providers of ASAM |
17 | | Level 3 residential/inpatient services for persons with |
18 | | substance use disorders shall be adjusted upward by an amount |
19 | | equal to the Consumer Price Index-U from the previous year, |
20 | | not to exceed 2% in any State fiscal year. If there is a |
21 | | decrease in the Consumer Price Index-U, rates shall remain |
22 | | unchanged for that State fiscal year. The Department shall |
23 | | adopt rules, including emergency rules, in accordance with the |
24 | | Illinois Administrative Procedure Act, to implement the |
25 | | provisions of this Section. |
26 | | As used in this Section, "Consumer Price Index-U" means |
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1 | | the index published by the Bureau of Labor Statistics of the |
2 | | United States Department of Labor that measures the average |
3 | | change in prices of goods and services purchased by all urban |
4 | | consumers, United States city average, all items, 1982-84 = |
5 | | 100. |
6 | | (b) Parity in community-based behavioral health rates; |
7 | | implementation plan for cost reporting. For the purpose of |
8 | | understanding behavioral health services cost structures and |
9 | | their impact on the Medical Assistance Program, the Department |
10 | | of Healthcare and Family Services shall engage stakeholders to |
11 | | develop a plan for the regular collection of cost reporting |
12 | | for all entity-based substance use disorder providers. Data |
13 | | shall be used to inform on the effectiveness and efficiency of |
14 | | Illinois Medicaid rates. The Department and stakeholders shall |
15 | | develop a plan by April 1, 2024. The Department shall engage |
16 | | stakeholders on implementation of the plan. The plan, at |
17 | | minimum, shall consider all of the following: |
18 | | (1) Alignment with certified community behavioral |
19 | | health clinic requirements, standards, policies, and |
20 | | procedures. |
21 | | (2) Inclusion of prospective costs to measure what is |
22 | | needed to increase services and capacity. |
23 | | (3) Consideration of differences in collection and |
24 | | policies based on the size of providers. |
25 | | (4) Consideration of additional administrative time |
26 | | and costs. |
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1 | | (5) Goals, purposes, and usage of data collected from |
2 | | cost reports. |
3 | | (6) Inclusion of qualitative data in addition to |
4 | | quantitative data. |
5 | | (7) Technical assistance for providers for completing |
6 | | cost reports including initial training by the Department |
7 | | for providers. |
8 | | (8) Implementation of a timeline which allows an |
9 | | initial grace period for providers to adjust internal |
10 | | procedures and data collection. |
11 | | Details from collected cost reports shall be made publicly |
12 | | available on the Department's website and costs shall be used |
13 | | to ensure the effectiveness and efficiency of Illinois |
14 | | Medicaid rates. |
15 | | (c) Reporting; access to substance use disorder treatment |
16 | | services and recovery supports. By no later than April 1, |
17 | | 2024, the Department of Healthcare and Family Services, with |
18 | | input from the Department of Human Services' Division of |
19 | | Substance Use Prevention and Recovery, shall submit a report |
20 | | to the General Assembly regarding access to treatment services |
21 | | and recovery supports for persons diagnosed with a substance |
22 | | use disorder. The report shall include, but is not limited to, |
23 | | the following information: |
24 | | (1) The number of providers enrolled in the Illinois |
25 | | Medical Assistance Program certified to provide substance |
26 | | use disorder treatment services, aggregated by ASAM level |
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1 | | of care, and recovery supports. |
2 | | (2) The number of Medicaid customers in Illinois with |
3 | | a diagnosed substance use disorder receiving substance use |
4 | | disorder treatment, aggregated by provider type and ASAM |
5 | | level of care. |
6 | | (3) A comparison of Illinois' substance use disorder |
7 | | licensure and certification requirements with those of |
8 | | comparable state Medicaid programs. |
9 | | (4) Recommendations for and an analysis of the impact |
10 | | of aligning reimbursement rates for outpatient substance |
11 | | use disorder treatment services with reimbursement rates |
12 | | for community-based mental health treatment services. |
13 | | (5) Recommendations for expanding substance use |
14 | | disorder treatment to other qualified provider entities |
15 | | and licensed professionals of the healing arts. The |
16 | | recommendations shall include an analysis of the |
17 | | opportunities to maximize the flexibilities permitted by |
18 | | the federal Centers for Medicare and Medicaid Services for |
19 | | expanding access to the number and types of qualified |
20 | | substance use disorder providers. |
21 | | (Source: P.A. 103-102, eff. 6-16-23; revised 9-26-23.)
|
22 | | (305 ILCS 5/12-4.13e new) |
23 | | Sec. 12-4.13e. Summer EBT Program. |
24 | | (a) Subject to federal approval, the Department of Human |
25 | | Services may establish and participate in the federal Summer |
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1 | | Electronic Benefit Transfer Program for Children, which may be |
2 | | referred to as the Summer EBT Program. |
3 | | (b) The Summer EBT Program Fund is established as a |
4 | | federal trust fund in the State treasury. The fund is |
5 | | established to receive moneys from the federal government for |
6 | | the Summer EBT Program. Subject to appropriation, moneys in |
7 | | the Summer EBT Program Fund shall be expended by the |
8 | | Department of Human Services only for those purposes permitted |
9 | | under the federal Summer Electronic Benefit Transfer Program |
10 | | for Children. |
11 | | (c) The Department of Human Services is authorized to |
12 | | adopt any rules, including emergency rules, necessary to |
13 | | implement the provisions of this Section.
|
14 | | (305 ILCS 5/16-2) |
15 | | Sec. 16-2. Eligibility. Subject to available funding, a A |
16 | | foreign-born victim of trafficking, torture, or other serious |
17 | | crimes and the individual's his or her derivative family |
18 | | members , but not a single adult without derivative family |
19 | | members, are eligible for cash assistance or SNAP benefits |
20 | | under this Article if the individual : |
21 | | (a) has filed he or she : |
22 | | (1) has filed or is preparing to file an |
23 | | application for T Nonimmigrant status with the |
24 | | appropriate federal agency pursuant to Section |
25 | | 1101(a)(15)(T) of Title 8 of the United States Code, |
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1 | | or is otherwise taking steps to meet the conditions |
2 | | for federal benefits eligibility under Section 7105 of |
3 | | Title 22 of the United States Code; |
4 | | (2) has filed or is preparing to file a formal |
5 | | application with the appropriate federal agency for |
6 | | status pursuant to Section 1101(a)(15)(U) of Title 8 |
7 | | of the United States Code; or |
8 | | (3) has filed or is preparing to file a formal |
9 | | application with the appropriate federal agency for |
10 | | status under Section 1158 of Title 8 of the United |
11 | | States Code; and |
12 | | (b) he or she is otherwise eligible for cash assistance or |
13 | | SNAP benefits, as applicable. |
14 | | An individual residing in an institution or other setting |
15 | | that provides the majority of the individual's daily meals is |
16 | | not eligible for SNAP benefits. |
17 | | (Source: P.A. 99-870, eff. 8-22-16; 100-201, eff. 8-18-17.)
|
18 | | Section 10-40. The Intergenerational Poverty Act is |
19 | | amended by changing Section 95-504 as follows:
|
20 | | (305 ILCS 70/95-504) |
21 | | Sec. 95-504. Duties of the Director of the Governor's |
22 | | Office of Management and Budget. The Director of the |
23 | | Governor's Office of Management and Budget shall include in |
24 | | the materials submitted to the General Assembly outlining the |
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1 | | Governor's proposed annual budget a description of any budget |
2 | | proposals or other activities, ongoing projects, and plans of |
3 | | the executive branch designed to meet the goals and objectives |
4 | | of the strategic plan and any other information related to the |
5 | | proposed annual budget that the Director of the Governor's |
6 | | Office of Management and Budget believes furthers the goals |
7 | | and objectives of the strategic plan . The information shall |
8 | | include the following: |
9 | | (1) An accounting of the savings to the State from any |
10 | | increased efficiencies in the delivery of services. |
11 | | (2) Any savings realized from reducing the number of |
12 | | individuals living in poverty and reducing the demand for |
13 | | need-based services and benefits. |
14 | | (3) A projection of any increase in revenue |
15 | | collections due to any increase in the number of |
16 | | individuals who become employed and pay taxes into the |
17 | | State treasury. |
18 | | (4) Any other information related to the proposed |
19 | | annual budget that the Director of the Governor's Office |
20 | | of Management and Budget believes furthers the goals and |
21 | | objectives of the strategic plan. |
22 | | (Source: P.A. 101-636, eff. 6-10-20.)
|
23 | | Article 15.
|
24 | | Section 15-5. The Illinois Pension Code is amended by |
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1 | | changing Sections 2-134, 14-131, 15-165, 16-158, and 18-140 as |
2 | | follows:
|
3 | | (40 ILCS 5/2-134) (from Ch. 108 1/2, par. 2-134) |
4 | | Sec. 2-134. To certify required State contributions and |
5 | | submit vouchers. |
6 | | (a) The Board shall certify to the Governor on or before |
7 | | December 15 of each year until December 15, 2011 the amount of |
8 | | the required State contribution to the System for the next |
9 | | fiscal year and shall specifically identify the System's |
10 | | projected State normal cost for that fiscal year. The |
11 | | certification shall include a copy of the actuarial |
12 | | recommendations upon which it is based and shall specifically |
13 | | identify the System's projected State normal cost for that |
14 | | fiscal year. |
15 | | On or before November 1 of each year, beginning November |
16 | | 1, 2012, the Board shall submit to the State Actuary, the |
17 | | Governor, and the General Assembly a proposed certification of |
18 | | the amount of the required State contribution to the System |
19 | | for the next fiscal year, along with all of the actuarial |
20 | | assumptions, calculations, and data upon which that proposed |
21 | | certification is based. On or before January 1 of each year |
22 | | beginning January 1, 2013, the State Actuary shall issue a |
23 | | preliminary report concerning the proposed certification and |
24 | | identifying, if necessary, recommended changes in actuarial |
25 | | assumptions that the Board must consider before finalizing its |
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1 | | certification of the required State contributions. On or |
2 | | before January 15, 2013 and every January 15 thereafter, the |
3 | | Board shall certify to the Governor and the General Assembly |
4 | | the amount of the required State contribution for the next |
5 | | fiscal year. The Board's certification must note any |
6 | | deviations from the State Actuary's recommended changes, the |
7 | | reason or reasons for not following the State Actuary's |
8 | | recommended changes, and the fiscal impact of not following |
9 | | the State Actuary's recommended changes on the required State |
10 | | contribution. |
11 | | On or before May 1, 2004, the Board shall recalculate and |
12 | | recertify to the Governor the amount of the required State |
13 | | contribution to the System for State fiscal year 2005, taking |
14 | | into account the amounts appropriated to and received by the |
15 | | System under subsection (d) of Section 7.2 of the General |
16 | | Obligation Bond Act. |
17 | | On or before July 1, 2005, the Board shall recalculate and |
18 | | recertify to the Governor the amount of the required State |
19 | | contribution to the System for State fiscal year 2006, taking |
20 | | into account the changes in required State contributions made |
21 | | by this amendatory Act of the 94th General Assembly. |
22 | | On or before April 1, 2011, the Board shall recalculate |
23 | | and recertify to the Governor the amount of the required State |
24 | | contribution to the System for State fiscal year 2011, |
25 | | applying the changes made by Public Act 96-889 to the System's |
26 | | assets and liabilities as of June 30, 2009 as though Public Act |
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1 | | 96-889 was approved on that date. |
2 | | By November 1, 2017, the Board shall recalculate and |
3 | | recertify to the State Actuary, the Governor, and the General |
4 | | Assembly the amount of the State contribution to the System |
5 | | for State fiscal year 2018, taking into account the changes in |
6 | | required State contributions made by this amendatory Act of |
7 | | the 100th General Assembly. The State Actuary shall review the |
8 | | assumptions and valuations underlying the Board's revised |
9 | | certification and issue a preliminary report concerning the |
10 | | proposed recertification and identifying, if necessary, |
11 | | recommended changes in actuarial assumptions that the Board |
12 | | must consider before finalizing its certification of the |
13 | | required State contributions. The Board's final certification |
14 | | must note any deviations from the State Actuary's recommended |
15 | | changes, the reason or reasons for not following the State |
16 | | Actuary's recommended changes, and the fiscal impact of not |
17 | | following the State Actuary's recommended changes on the |
18 | | required State contribution. |
19 | | (b) Unless otherwise directed by the Comptroller under |
20 | | subsection (b-1), Beginning in State fiscal year 1996, on or |
21 | | as soon as possible after the 15th day of each month the Board |
22 | | shall submit vouchers for payment of State contributions to |
23 | | the System for the applicable month on the 15th day of each |
24 | | month, or as soon thereafter as may be practicable. The amount |
25 | | vouchered for a monthly payment shall total , in a total |
26 | | monthly amount of one-twelfth of the required annual State |
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1 | | contribution certified under subsection (a). |
2 | | (b-1) Beginning in State fiscal year 2025, if the |
3 | | Comptroller requests that the Board submit, during a State |
4 | | fiscal year, vouchers for multiple monthly payments for |
5 | | advance payment of State contributions due to the System for |
6 | | that State fiscal year, then the Board shall submit those |
7 | | additional monthly vouchers as directed by the Comptroller, |
8 | | notwithstanding subsection (b). Unless an act of |
9 | | appropriations provides otherwise, nothing in this Section |
10 | | authorizes the Board to submit, in a State fiscal year, |
11 | | vouchers for the payment of State contributions to the System |
12 | | in an amount that exceeds the rate of payroll that is certified |
13 | | by the System under this Section for that State fiscal year. |
14 | | From the effective date of this amendatory Act of the 93rd |
15 | | General Assembly through June 30, 2004, the Board shall not |
16 | | submit vouchers for the remainder of fiscal year 2004 in |
17 | | excess of the fiscal year 2004 certified contribution amount |
18 | | determined under this Section after taking into consideration |
19 | | the transfer to the System under subsection (d) of Section |
20 | | 6z-61 of the State Finance Act. |
21 | | (b-2) The These vouchers described in subsections (b) and |
22 | | (b-1) shall be paid by the State Comptroller and Treasurer by |
23 | | warrants drawn on the funds appropriated to the System for |
24 | | that fiscal year. |
25 | | If in any month the amount remaining unexpended from all |
26 | | other appropriations to the System for the applicable fiscal |
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1 | | year (including the appropriations to the System under Section |
2 | | 8.12 of the State Finance Act and Section 1 of the State |
3 | | Pension Funds Continuing Appropriation Act) is less than the |
4 | | amount lawfully vouchered under this Section, the difference |
5 | | shall be paid from the General Revenue Fund under the |
6 | | continuing appropriation authority provided in Section 1.1 of |
7 | | the State Pension Funds Continuing Appropriation Act. |
8 | | (c) The full amount of any annual appropriation for the |
9 | | System for State fiscal year 1995 shall be transferred and |
10 | | made available to the System at the beginning of that fiscal |
11 | | year at the request of the Board. Any excess funds remaining at |
12 | | the end of any fiscal year from appropriations shall be |
13 | | retained by the System as a general reserve to meet the |
14 | | System's accrued liabilities. |
15 | | (Source: P.A. 100-23, eff. 7-6-17.)
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16 | | (40 ILCS 5/14-131) |
17 | | Sec. 14-131. Contributions by State. |
18 | | (a) The State shall make contributions to the System by |
19 | | appropriations of amounts which, together with other employer |
20 | | contributions from trust, federal, and other funds, employee |
21 | | contributions, investment income, and other income, will be |
22 | | sufficient to meet the cost of maintaining and administering |
23 | | the System on a 90% funded basis in accordance with actuarial |
24 | | recommendations. |
25 | | For the purposes of this Section and Section 14-135.08, |
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1 | | references to State contributions refer only to employer |
2 | | contributions and do not include employee contributions that |
3 | | are picked up or otherwise paid by the State or a department on |
4 | | behalf of the employee. |
5 | | (b) The Board shall determine the total amount of State |
6 | | contributions required for each fiscal year on the basis of |
7 | | the actuarial tables and other assumptions adopted by the |
8 | | Board, using the formula in subsection (e). |
9 | | The Board shall also determine a State contribution rate |
10 | | for each fiscal year, expressed as a percentage of payroll, |
11 | | based on the total required State contribution for that fiscal |
12 | | year (less the amount received by the System from |
13 | | appropriations under Section 8.12 of the State Finance Act and |
14 | | Section 1 of the State Pension Funds Continuing Appropriation |
15 | | Act, if any, for the fiscal year ending on the June 30 |
16 | | immediately preceding the applicable November 15 certification |
17 | | deadline), the estimated payroll (including all forms of |
18 | | compensation) for personal services rendered by eligible |
19 | | employees, and the recommendations of the actuary. |
20 | | For the purposes of this Section and Section 14.1 of the |
21 | | State Finance Act, the term "eligible employees" includes |
22 | | employees who participate in the System, persons who may elect |
23 | | to participate in the System but have not so elected, persons |
24 | | who are serving a qualifying period that is required for |
25 | | participation, and annuitants employed by a department as |
26 | | described in subdivision (a)(1) or (a)(2) of Section 14-111. |
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1 | | (c) Contributions shall be made by the several departments |
2 | | for each pay period by warrants drawn by the State Comptroller |
3 | | against their respective funds or appropriations based upon |
4 | | vouchers stating the amount to be so contributed. These |
5 | | amounts shall be based on the full rate certified by the Board |
6 | | under Section 14-135.08 for that fiscal year. From March 5, |
7 | | 2004 (the effective date of Public Act 93-665) through the |
8 | | payment of the final payroll from fiscal year 2004 |
9 | | appropriations, the several departments shall not make |
10 | | contributions for the remainder of fiscal year 2004 but shall |
11 | | instead make payments as required under subsection (a-1) of |
12 | | Section 14.1 of the State Finance Act. The several departments |
13 | | shall resume those contributions at the commencement of fiscal |
14 | | year 2005. |
15 | | (c-1) Notwithstanding subsection (c) of this Section, for |
16 | | fiscal years 2010, 2012, and each fiscal year thereafter, |
17 | | contributions by the several departments are not required to |
18 | | be made for General Revenue Funds payrolls processed by the |
19 | | Comptroller. Payrolls paid by the several departments from all |
20 | | other State funds must continue to be processed pursuant to |
21 | | subsection (c) of this Section. |
22 | | (c-2) Unless otherwise directed by the Comptroller under |
23 | | subsection (c-3), For State fiscal years 2010, 2012, and each |
24 | | fiscal year thereafter, on or as soon as possible after the |
25 | | 15th day of each month, the Board shall submit vouchers for |
26 | | payment of State contributions to the System for the |
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1 | | applicable month on the 15th day of each month, or as soon |
2 | | thereafter as may be practicable. The amount vouchered for a |
3 | | monthly payment shall total , in a total monthly amount of |
4 | | one-twelfth of the fiscal year General Revenue Fund |
5 | | contribution as certified by the System pursuant to Section |
6 | | 14-135.08 of this the Illinois Pension Code. |
7 | | (c-3) Beginning in State fiscal year 2025, if the |
8 | | Comptroller requests that the Board submit, during a State |
9 | | fiscal year, vouchers for multiple monthly payments for |
10 | | advance payment of State contributions due to the System for |
11 | | that State fiscal year, then the Board shall submit those |
12 | | additional vouchers as directed by the Comptroller, |
13 | | notwithstanding subsection (c-2). Unless an act of |
14 | | appropriations provides otherwise, nothing in this Section |
15 | | authorizes the Board to submit, in a State fiscal year, |
16 | | vouchers for the payment of State contributions to the System |
17 | | in an amount that exceeds the rate of payroll that is certified |
18 | | by the System under Section 14-135.08 for that State fiscal |
19 | | year. |
20 | | (d) If an employee is paid from trust funds or federal |
21 | | funds, the department or other employer shall pay employer |
22 | | contributions from those funds to the System at the certified |
23 | | rate, unless the terms of the trust or the federal-State |
24 | | agreement preclude the use of the funds for that purpose, in |
25 | | which case the required employer contributions shall be paid |
26 | | by the State. |
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1 | | (e) For State fiscal years 2012 through 2045, the minimum |
2 | | contribution to the System to be made by the State for each |
3 | | fiscal year shall be an amount determined by the System to be |
4 | | sufficient to bring the total assets of the System up to 90% of |
5 | | the total actuarial liabilities of the System by the end of |
6 | | State fiscal year 2045. In making these determinations, the |
7 | | required State contribution shall be calculated each year as a |
8 | | level percentage of payroll over the years remaining to and |
9 | | including fiscal year 2045 and shall be determined under the |
10 | | projected unit credit actuarial cost method. |
11 | | A change in an actuarial or investment assumption that |
12 | | increases or decreases the required State contribution and |
13 | | first applies in State fiscal year 2018 or thereafter shall be |
14 | | implemented in equal annual amounts over a 5-year period |
15 | | beginning in the State fiscal year in which the actuarial |
16 | | change first applies to the required State contribution. |
17 | | A change in an actuarial or investment assumption that |
18 | | increases or decreases the required State contribution and |
19 | | first applied to the State contribution in fiscal year 2014, |
20 | | 2015, 2016, or 2017 shall be implemented: |
21 | | (i) as already applied in State fiscal years before |
22 | | 2018; and |
23 | | (ii) in the portion of the 5-year period beginning in |
24 | | the State fiscal year in which the actuarial change first |
25 | | applied that occurs in State fiscal year 2018 or |
26 | | thereafter, by calculating the change in equal annual |
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1 | | amounts over that 5-year period and then implementing it |
2 | | at the resulting annual rate in each of the remaining |
3 | | fiscal years in that 5-year period. |
4 | | For State fiscal years 1996 through 2005, the State |
5 | | contribution to the System, as a percentage of the applicable |
6 | | employee payroll, shall be increased in equal annual |
7 | | increments so that by State fiscal year 2011, the State is |
8 | | contributing at the rate required under this Section; except |
9 | | that (i) for State fiscal year 1998, for all purposes of this |
10 | | Code and any other law of this State, the certified percentage |
11 | | of the applicable employee payroll shall be 5.052% for |
12 | | employees earning eligible creditable service under Section |
13 | | 14-110 and 6.500% for all other employees, notwithstanding any |
14 | | contrary certification made under Section 14-135.08 before |
15 | | July 7, 1997 (the effective date of Public Act 90-65), and (ii) |
16 | | in the following specified State fiscal years, the State |
17 | | contribution to the System shall not be less than the |
18 | | following indicated percentages of the applicable employee |
19 | | payroll, even if the indicated percentage will produce a State |
20 | | contribution in excess of the amount otherwise required under |
21 | | this subsection and subsection (a): 9.8% in FY 1999; 10.0% in |
22 | | FY 2000; 10.2% in FY 2001; 10.4% in FY 2002; 10.6% in FY 2003; |
23 | | and 10.8% in FY 2004. |
24 | | Beginning in State fiscal year 2046, the minimum State |
25 | | contribution for each fiscal year shall be the amount needed |
26 | | to maintain the total assets of the System at 90% of the total |
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1 | | actuarial liabilities of the System. |
2 | | Amounts received by the System pursuant to Section 25 of |
3 | | the Budget Stabilization Act or Section 8.12 of the State |
4 | | Finance Act in any fiscal year do not reduce and do not |
5 | | constitute payment of any portion of the minimum State |
6 | | contribution required under this Article in that fiscal year. |
7 | | Such amounts shall not reduce, and shall not be included in the |
8 | | calculation of, the required State contributions under this |
9 | | Article in any future year until the System has reached a |
10 | | funding ratio of at least 90%. A reference in this Article to |
11 | | the "required State contribution" or any substantially similar |
12 | | term does not include or apply to any amounts payable to the |
13 | | System under Section 25 of the Budget Stabilization Act. |
14 | | Notwithstanding any other provision of this Section, the |
15 | | required State contribution for State fiscal year 2005 and for |
16 | | fiscal year 2008 and each fiscal year thereafter, as |
17 | | calculated under this Section and certified under Section |
18 | | 14-135.08, shall not exceed an amount equal to (i) the amount |
19 | | of the required State contribution that would have been |
20 | | calculated under this Section for that fiscal year if the |
21 | | System had not received any payments under subsection (d) of |
22 | | Section 7.2 of the General Obligation Bond Act, minus (ii) the |
23 | | portion of the State's total debt service payments for that |
24 | | fiscal year on the bonds issued in fiscal year 2003 for the |
25 | | purposes of that Section 7.2, as determined and certified by |
26 | | the Comptroller, that is the same as the System's portion of |
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1 | | the total moneys distributed under subsection (d) of Section |
2 | | 7.2 of the General Obligation Bond Act. |
3 | | (f) (Blank). |
4 | | (g) For purposes of determining the required State |
5 | | contribution to the System, the value of the System's assets |
6 | | shall be equal to the actuarial value of the System's assets, |
7 | | which shall be calculated as follows: |
8 | | As of June 30, 2008, the actuarial value of the System's |
9 | | assets shall be equal to the market value of the assets as of |
10 | | that date. In determining the actuarial value of the System's |
11 | | assets for fiscal years after June 30, 2008, any actuarial |
12 | | gains or losses from investment return incurred in a fiscal |
13 | | year shall be recognized in equal annual amounts over the |
14 | | 5-year period following that fiscal year. |
15 | | (h) For purposes of determining the required State |
16 | | contribution to the System for a particular year, the |
17 | | actuarial value of assets shall be assumed to earn a rate of |
18 | | return equal to the System's actuarially assumed rate of |
19 | | return. |
20 | | (i) (Blank). |
21 | | (j) (Blank). |
22 | | (k) For fiscal year 2012 and each fiscal year thereafter, |
23 | | after the submission of all payments for eligible employees |
24 | | from personal services line items paid from the General |
25 | | Revenue Fund in the fiscal year have been made, the |
26 | | Comptroller shall provide to the System a certification of the |
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1 | | sum of all expenditures in the fiscal year for personal |
2 | | services. Upon receipt of the certification, the System shall |
3 | | determine the amount due to the System based on the full rate |
4 | | certified by the Board under Section 14-135.08 for the fiscal |
5 | | year in order to meet the State's obligation under this |
6 | | Section. The System shall compare this amount due to the |
7 | | amount received by the System for the fiscal year. If the |
8 | | amount due is more than the amount received, the difference |
9 | | shall be termed the "Prior Fiscal Year Shortfall" for purposes |
10 | | of this Section, and the Prior Fiscal Year Shortfall shall be |
11 | | satisfied under Section 1.2 of the State Pension Funds |
12 | | Continuing Appropriation Act. If the amount due is less than |
13 | | the amount received, the difference shall be termed the "Prior |
14 | | Fiscal Year Overpayment" for purposes of this Section, and the |
15 | | Prior Fiscal Year Overpayment shall be repaid by the System to |
16 | | the General Revenue Fund as soon as practicable after the |
17 | | certification. |
18 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
19 | | 101-10, eff. 6-5-19.)
|
20 | | (40 ILCS 5/15-165) (from Ch. 108 1/2, par. 15-165) |
21 | | Sec. 15-165. To certify amounts and submit vouchers. |
22 | | (a) The Board shall certify to the Governor on or before |
23 | | November 15 of each year until November 15, 2011 the |
24 | | appropriation required from State funds for the purposes of |
25 | | this System for the following fiscal year. The certification |
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1 | | under this subsection (a) shall include a copy of the |
2 | | actuarial recommendations upon which it is based and shall |
3 | | specifically identify the System's projected State normal cost |
4 | | for that fiscal year and the projected State cost for the |
5 | | self-managed plan for that fiscal year. |
6 | | On or before May 1, 2004, the Board shall recalculate and |
7 | | recertify to the Governor the amount of the required State |
8 | | contribution to the System for State fiscal year 2005, taking |
9 | | into account the amounts appropriated to and received by the |
10 | | System under subsection (d) of Section 7.2 of the General |
11 | | Obligation Bond Act. |
12 | | On or before July 1, 2005, the Board shall recalculate and |
13 | | recertify to the Governor the amount of the required State |
14 | | contribution to the System for State fiscal year 2006, taking |
15 | | into account the changes in required State contributions made |
16 | | by this amendatory Act of the 94th General Assembly. |
17 | | On or before April 1, 2011, the Board shall recalculate |
18 | | and recertify to the Governor the amount of the required State |
19 | | contribution to the System for State fiscal year 2011, |
20 | | applying the changes made by Public Act 96-889 to the System's |
21 | | assets and liabilities as of June 30, 2009 as though Public Act |
22 | | 96-889 was approved on that date. |
23 | | (a-5) On or before November 1 of each year, beginning |
24 | | November 1, 2012, the Board shall submit to the State Actuary, |
25 | | the Governor, and the General Assembly a proposed |
26 | | certification of the amount of the required State contribution |
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1 | | to the System for the next fiscal year, along with all of the |
2 | | actuarial assumptions, calculations, and data upon which that |
3 | | proposed certification is based. On or before January 1 of |
4 | | each year, beginning January 1, 2013, the State Actuary shall |
5 | | issue a preliminary report concerning the proposed |
6 | | certification and identifying, if necessary, recommended |
7 | | changes in actuarial assumptions that the Board must consider |
8 | | before finalizing its certification of the required State |
9 | | contributions. On or before January 15, 2013 and each January |
10 | | 15 thereafter, the Board shall certify to the Governor and the |
11 | | General Assembly the amount of the required State contribution |
12 | | for the next fiscal year. The Board's certification must note, |
13 | | in a written response to the State Actuary, any deviations |
14 | | from the State Actuary's recommended changes, the reason or |
15 | | reasons for not following the State Actuary's recommended |
16 | | changes, and the fiscal impact of not following the State |
17 | | Actuary's recommended changes on the required State |
18 | | contribution. |
19 | | (a-10) By November 1, 2017, the Board shall recalculate |
20 | | and recertify to the State Actuary, the Governor, and the |
21 | | General Assembly the amount of the State contribution to the |
22 | | System for State fiscal year 2018, taking into account the |
23 | | changes in required State contributions made by this |
24 | | amendatory Act of the 100th General Assembly. The State |
25 | | Actuary shall review the assumptions and valuations underlying |
26 | | the Board's revised certification and issue a preliminary |
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1 | | report concerning the proposed recertification and |
2 | | identifying, if necessary, recommended changes in actuarial |
3 | | assumptions that the Board must consider before finalizing its |
4 | | certification of the required State contributions. The Board's |
5 | | final certification must note any deviations from the State |
6 | | Actuary's recommended changes, the reason or reasons for not |
7 | | following the State Actuary's recommended changes, and the |
8 | | fiscal impact of not following the State Actuary's recommended |
9 | | changes on the required State contribution. |
10 | | (a-15) On or after June 15, 2019, but no later than June |
11 | | 30, 2019, the Board shall recalculate and recertify to the |
12 | | Governor and the General Assembly the amount of the State |
13 | | contribution to the System for State fiscal year 2019, taking |
14 | | into account the changes in required State contributions made |
15 | | by this amendatory Act of the 100th General Assembly. The |
16 | | recalculation shall be made using assumptions adopted by the |
17 | | Board for the original fiscal year 2019 certification. The |
18 | | monthly voucher for the 12th month of fiscal year 2019 shall be |
19 | | paid by the Comptroller after the recertification required |
20 | | pursuant to this subsection is submitted to the Governor, |
21 | | Comptroller, and General Assembly. The recertification |
22 | | submitted to the General Assembly shall be filed with the |
23 | | Clerk of the House of Representatives and the Secretary of the |
24 | | Senate in electronic form only, in the manner that the Clerk |
25 | | and the Secretary shall direct. |
26 | | (b) The Board shall certify to the State Comptroller or |
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1 | | employer, as the case may be, from time to time, by its |
2 | | chairperson and secretary, with its seal attached, the amounts |
3 | | payable to the System from the various funds. |
4 | | (c) Unless otherwise directed by the Comptroller under |
5 | | subsection (c-1), Beginning in State fiscal year 1996, on or |
6 | | as soon as possible after the 15th day of each month the Board |
7 | | shall submit vouchers for payment of State contributions to |
8 | | the System for the applicable month on the 15th day of each |
9 | | month, or as soon thereafter as may be practicable. The amount |
10 | | vouchered for a monthly payment shall total , in a total |
11 | | monthly amount of one-twelfth of the required annual State |
12 | | contribution certified under subsection (a). |
13 | | (c-1) Beginning in State fiscal year 2025, if the |
14 | | Comptroller requests that the Board submit, during a State |
15 | | fiscal year, vouchers for multiple monthly payments for |
16 | | advance payment of State contributions due to the System for |
17 | | that State fiscal year, then the Board shall submit those |
18 | | additional vouchers as directed by the Comptroller, |
19 | | notwithstanding subsection (c). Unless an act of |
20 | | appropriations provides otherwise, nothing in this Section |
21 | | authorizes the Board to submit, in a State fiscal year, |
22 | | vouchers for the payment of State contributions to the System |
23 | | in an amount that exceeds the annual certified contribution |
24 | | for the System under this Section for that State fiscal year. |
25 | | From the effective date of this amendatory Act of the 93rd |
26 | | General Assembly through June 30, 2004, the Board shall not |
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1 | | submit vouchers for the remainder of fiscal year 2004 in |
2 | | excess of the fiscal year 2004 certified contribution amount |
3 | | determined under this Section after taking into consideration |
4 | | the transfer to the System under subsection (b) of Section |
5 | | 6z-61 of the State Finance Act. |
6 | | (c-2) The These vouchers described in subsections (c) and |
7 | | (c-1) shall be paid by the State Comptroller and Treasurer by |
8 | | warrants drawn on the funds appropriated to the System for |
9 | | that fiscal year. |
10 | | If in any month the amount remaining unexpended from all |
11 | | other appropriations to the System for the applicable fiscal |
12 | | year (including the appropriations to the System under Section |
13 | | 8.12 of the State Finance Act and Section 1 of the State |
14 | | Pension Funds Continuing Appropriation Act) is less than the |
15 | | amount lawfully vouchered under this Section, the difference |
16 | | shall be paid from the General Revenue Fund under the |
17 | | continuing appropriation authority provided in Section 1.1 of |
18 | | the State Pension Funds Continuing Appropriation Act. |
19 | | (d) So long as the payments received are the full amount |
20 | | lawfully vouchered under this Section, payments received by |
21 | | the System under this Section shall be applied first toward |
22 | | the employer contribution to the self-managed plan established |
23 | | under Section 15-158.2. Payments shall be applied second |
24 | | toward the employer's portion of the normal costs of the |
25 | | System, as defined in subsection (f) of Section 15-155. The |
26 | | balance shall be applied toward the unfunded actuarial |
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1 | | liabilities of the System. |
2 | | (e) In the event that the System does not receive, as a |
3 | | result of legislative enactment or otherwise, payments |
4 | | sufficient to fully fund the employer contribution to the |
5 | | self-managed plan established under Section 15-158.2 and to |
6 | | fully fund that portion of the employer's portion of the |
7 | | normal costs of the System, as calculated in accordance with |
8 | | Section 15-155(a-1), then any payments received shall be |
9 | | applied proportionately to the optional retirement program |
10 | | established under Section 15-158.2 and to the employer's |
11 | | portion of the normal costs of the System, as calculated in |
12 | | accordance with Section 15-155(a-1). |
13 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
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14 | | (40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158) |
15 | | Sec. 16-158. Contributions by State and other employing |
16 | | units. |
17 | | (a) The State shall make contributions to the System by |
18 | | means of appropriations from the Common School Fund and other |
19 | | State funds of amounts which, together with other employer |
20 | | contributions, employee contributions, investment income, and |
21 | | other income, will be sufficient to meet the cost of |
22 | | maintaining and administering the System on a 90% funded basis |
23 | | in accordance with actuarial recommendations. |
24 | | The Board shall determine the amount of State |
25 | | contributions required for each fiscal year on the basis of |
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1 | | the actuarial tables and other assumptions adopted by the |
2 | | Board and the recommendations of the actuary, using the |
3 | | formula in subsection (b-3). |
4 | | (a-1) Annually, on or before November 15 until November |
5 | | 15, 2011, the Board shall certify to the Governor the amount of |
6 | | the required State contribution for the coming fiscal year. |
7 | | The certification under this subsection (a-1) shall include a |
8 | | copy of the actuarial recommendations upon which it is based |
9 | | and shall specifically identify the System's projected State |
10 | | normal cost for that fiscal year. |
11 | | On or before May 1, 2004, the Board shall recalculate and |
12 | | recertify to the Governor the amount of the required State |
13 | | contribution to the System for State fiscal year 2005, taking |
14 | | into account the amounts appropriated to and received by the |
15 | | System under subsection (d) of Section 7.2 of the General |
16 | | Obligation Bond Act. |
17 | | On or before July 1, 2005, the Board shall recalculate and |
18 | | recertify to the Governor the amount of the required State |
19 | | contribution to the System for State fiscal year 2006, taking |
20 | | into account the changes in required State contributions made |
21 | | by Public Act 94-4. |
22 | | On or before April 1, 2011, the Board shall recalculate |
23 | | and recertify to the Governor the amount of the required State |
24 | | contribution to the System for State fiscal year 2011, |
25 | | applying the changes made by Public Act 96-889 to the System's |
26 | | assets and liabilities as of June 30, 2009 as though Public Act |
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1 | | 96-889 was approved on that date. |
2 | | (a-5) On or before November 1 of each year, beginning |
3 | | November 1, 2012, the Board shall submit to the State Actuary, |
4 | | the Governor, and the General Assembly a proposed |
5 | | certification of the amount of the required State contribution |
6 | | to the System for the next fiscal year, along with all of the |
7 | | actuarial assumptions, calculations, and data upon which that |
8 | | proposed certification is based. On or before January 1 of |
9 | | each year, beginning January 1, 2013, the State Actuary shall |
10 | | issue a preliminary report concerning the proposed |
11 | | certification and identifying, if necessary, recommended |
12 | | changes in actuarial assumptions that the Board must consider |
13 | | before finalizing its certification of the required State |
14 | | contributions. On or before January 15, 2013 and each January |
15 | | 15 thereafter, the Board shall certify to the Governor and the |
16 | | General Assembly the amount of the required State contribution |
17 | | for the next fiscal year. The Board's certification must note |
18 | | any deviations from the State Actuary's recommended changes, |
19 | | the reason or reasons for not following the State Actuary's |
20 | | recommended changes, and the fiscal impact of not following |
21 | | the State Actuary's recommended changes on the required State |
22 | | contribution. |
23 | | (a-10) By November 1, 2017, the Board shall recalculate |
24 | | and recertify to the State Actuary, the Governor, and the |
25 | | General Assembly the amount of the State contribution to the |
26 | | System for State fiscal year 2018, taking into account the |
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1 | | changes in required State contributions made by Public Act |
2 | | 100-23. The State Actuary shall review the assumptions and |
3 | | valuations underlying the Board's revised certification and |
4 | | issue a preliminary report concerning the proposed |
5 | | recertification and identifying, if necessary, recommended |
6 | | changes in actuarial assumptions that the Board must consider |
7 | | before finalizing its certification of the required State |
8 | | contributions. The Board's final certification must note any |
9 | | deviations from the State Actuary's recommended changes, the |
10 | | reason or reasons for not following the State Actuary's |
11 | | recommended changes, and the fiscal impact of not following |
12 | | the State Actuary's recommended changes on the required State |
13 | | contribution. |
14 | | (a-15) On or after June 15, 2019, but no later than June |
15 | | 30, 2019, the Board shall recalculate and recertify to the |
16 | | Governor and the General Assembly the amount of the State |
17 | | contribution to the System for State fiscal year 2019, taking |
18 | | into account the changes in required State contributions made |
19 | | by Public Act 100-587. The recalculation shall be made using |
20 | | assumptions adopted by the Board for the original fiscal year |
21 | | 2019 certification. The monthly voucher for the 12th month of |
22 | | fiscal year 2019 shall be paid by the Comptroller after the |
23 | | recertification required pursuant to this subsection is |
24 | | submitted to the Governor, Comptroller, and General Assembly. |
25 | | The recertification submitted to the General Assembly shall be |
26 | | filed with the Clerk of the House of Representatives and the |
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1 | | Secretary of the Senate in electronic form only, in the manner |
2 | | that the Clerk and the Secretary shall direct. |
3 | | (b) Through State fiscal year 1995, the State |
4 | | contributions shall be paid to the System in accordance with |
5 | | Section 18-7 of the School Code. |
6 | | (b-1) Unless otherwise directed by the Comptroller under |
7 | | subsection (b-1.1), Beginning in State fiscal year 1996, on |
8 | | the 15th day of each month, or as soon thereafter as may be |
9 | | practicable, the Board shall submit vouchers for payment of |
10 | | State contributions to the System for the applicable month on |
11 | | the 15th day of each month, or as soon thereafter as may be |
12 | | practicable. The amount vouchered for a monthly payment shall |
13 | | total , in a total monthly amount of one-twelfth of the |
14 | | required annual State contribution certified under subsection |
15 | | (a-1). |
16 | | (b-1.1) Beginning in State fiscal year 2025, if the |
17 | | Comptroller requests that the Board submit, during a State |
18 | | fiscal year, vouchers for multiple monthly payments for the |
19 | | advance payment of State contributions due to the System for |
20 | | that State fiscal year, then the Board shall submit those |
21 | | additional vouchers as directed by the Comptroller, |
22 | | notwithstanding subsection (b-1). Unless an act of |
23 | | appropriations provides otherwise, nothing in this Section |
24 | | authorizes the Board to submit, in a State fiscal year, |
25 | | vouchers for the payment of State contributions to the System |
26 | | in an amount that exceeds the rate of payroll that is certified |
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1 | | by the System under this Section for that State fiscal year. |
2 | | From March 5, 2004 (the effective date of Public Act |
3 | | 93-665) through June 30, 2004, the Board shall not submit |
4 | | vouchers for the remainder of fiscal year 2004 in excess of the |
5 | | fiscal year 2004 certified contribution amount determined |
6 | | under this Section after taking into consideration the |
7 | | transfer to the System under subsection (a) of Section 6z-61 |
8 | | of the State Finance Act. |
9 | | (b-1.2) The These vouchers described in subsections (b-1) |
10 | | and (b-1.1) shall be paid by the State Comptroller and |
11 | | Treasurer by warrants drawn on the funds appropriated to the |
12 | | System for that fiscal year. |
13 | | If in any month the amount remaining unexpended from all |
14 | | other appropriations to the System for the applicable fiscal |
15 | | year (including the appropriations to the System under Section |
16 | | 8.12 of the State Finance Act and Section 1 of the State |
17 | | Pension Funds Continuing Appropriation Act) is less than the |
18 | | amount lawfully vouchered under this subsection, the |
19 | | difference shall be paid from the Common School Fund under the |
20 | | continuing appropriation authority provided in Section 1.1 of |
21 | | the State Pension Funds Continuing Appropriation Act. |
22 | | (b-2) Allocations from the Common School Fund apportioned |
23 | | to school districts not coming under this System shall not be |
24 | | diminished or affected by the provisions of this Article. |
25 | | (b-3) For State fiscal years 2012 through 2045, the |
26 | | minimum contribution to the System to be made by the State for |
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1 | | each fiscal year shall be an amount determined by the System to |
2 | | be sufficient to bring the total assets of the System up to 90% |
3 | | of the total actuarial liabilities of the System by the end of |
4 | | State fiscal year 2045. In making these determinations, the |
5 | | required State contribution shall be calculated each year as a |
6 | | level percentage of payroll over the years remaining to and |
7 | | including fiscal year 2045 and shall be determined under the |
8 | | projected unit credit actuarial cost method. |
9 | | For each of State fiscal years 2018, 2019, and 2020, the |
10 | | State shall make an additional contribution to the System |
11 | | equal to 2% of the total payroll of each employee who is deemed |
12 | | to have elected the benefits under Section 1-161 or who has |
13 | | made the election under subsection (c) of Section 1-161. |
14 | | A change in an actuarial or investment assumption that |
15 | | increases or decreases the required State contribution and |
16 | | first applies in State fiscal year 2018 or thereafter shall be |
17 | | implemented in equal annual amounts over a 5-year period |
18 | | beginning in the State fiscal year in which the actuarial |
19 | | change first applies to the required State contribution. |
20 | | A change in an actuarial or investment assumption that |
21 | | increases or decreases the required State contribution and |
22 | | first applied to the State contribution in fiscal year 2014, |
23 | | 2015, 2016, or 2017 shall be implemented: |
24 | | (i) as already applied in State fiscal years before |
25 | | 2018; and |
26 | | (ii) in the portion of the 5-year period beginning in |
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1 | | the State fiscal year in which the actuarial change first |
2 | | applied that occurs in State fiscal year 2018 or |
3 | | thereafter, by calculating the change in equal annual |
4 | | amounts over that 5-year period and then implementing it |
5 | | at the resulting annual rate in each of the remaining |
6 | | fiscal years in that 5-year period. |
7 | | For State fiscal years 1996 through 2005, the State |
8 | | contribution to the System, as a percentage of the applicable |
9 | | employee payroll, shall be increased in equal annual |
10 | | increments so that by State fiscal year 2011, the State is |
11 | | contributing at the rate required under this Section; except |
12 | | that in the following specified State fiscal years, the State |
13 | | contribution to the System shall not be less than the |
14 | | following indicated percentages of the applicable employee |
15 | | payroll, even if the indicated percentage will produce a State |
16 | | contribution in excess of the amount otherwise required under |
17 | | this subsection and subsection (a), and notwithstanding any |
18 | | contrary certification made under subsection (a-1) before May |
19 | | 27, 1998 (the effective date of Public Act 90-582): 10.02% in |
20 | | FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY |
21 | | 2002; 12.86% in FY 2003; and 13.56% in FY 2004. |
22 | | Notwithstanding any other provision of this Article, the |
23 | | total required State contribution for State fiscal year 2006 |
24 | | is $534,627,700. |
25 | | Notwithstanding any other provision of this Article, the |
26 | | total required State contribution for State fiscal year 2007 |
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1 | | is $738,014,500. |
2 | | For each of State fiscal years 2008 through 2009, the |
3 | | State contribution to the System, as a percentage of the |
4 | | applicable employee payroll, shall be increased in equal |
5 | | annual increments from the required State contribution for |
6 | | State fiscal year 2007, so that by State fiscal year 2011, the |
7 | | State is contributing at the rate otherwise required under |
8 | | this Section. |
9 | | Notwithstanding any other provision of this Article, the |
10 | | total required State contribution for State fiscal year 2010 |
11 | | is $2,089,268,000 and shall be made from the proceeds of bonds |
12 | | sold in fiscal year 2010 pursuant to Section 7.2 of the General |
13 | | Obligation Bond Act, less (i) the pro rata share of bond sale |
14 | | expenses determined by the System's share of total bond |
15 | | proceeds, (ii) any amounts received from the Common School |
16 | | Fund in fiscal year 2010, and (iii) any reduction in bond |
17 | | proceeds due to the issuance of discounted bonds, if |
18 | | applicable. |
19 | | Notwithstanding any other provision of this Article, the |
20 | | total required State contribution for State fiscal year 2011 |
21 | | is the amount recertified by the System on or before April 1, |
22 | | 2011 pursuant to subsection (a-1) of this Section and shall be |
23 | | made from the proceeds of bonds sold in fiscal year 2011 |
24 | | pursuant to Section 7.2 of the General Obligation Bond Act, |
25 | | less (i) the pro rata share of bond sale expenses determined by |
26 | | the System's share of total bond proceeds, (ii) any amounts |
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1 | | received from the Common School Fund in fiscal year 2011, and |
2 | | (iii) any reduction in bond proceeds due to the issuance of |
3 | | discounted bonds, if applicable. This amount shall include, in |
4 | | addition to the amount certified by the System, an amount |
5 | | necessary to meet employer contributions required by the State |
6 | | as an employer under paragraph (e) of this Section, which may |
7 | | also be used by the System for contributions required by |
8 | | paragraph (a) of Section 16-127. |
9 | | Beginning in State fiscal year 2046, the minimum State |
10 | | contribution for each fiscal year shall be the amount needed |
11 | | to maintain the total assets of the System at 90% of the total |
12 | | actuarial liabilities of the System. |
13 | | Amounts received by the System pursuant to Section 25 of |
14 | | the Budget Stabilization Act or Section 8.12 of the State |
15 | | Finance Act in any fiscal year do not reduce and do not |
16 | | constitute payment of any portion of the minimum State |
17 | | contribution required under this Article in that fiscal year. |
18 | | Such amounts shall not reduce, and shall not be included in the |
19 | | calculation of, the required State contributions under this |
20 | | Article in any future year until the System has reached a |
21 | | funding ratio of at least 90%. A reference in this Article to |
22 | | the "required State contribution" or any substantially similar |
23 | | term does not include or apply to any amounts payable to the |
24 | | System under Section 25 of the Budget Stabilization Act. |
25 | | Notwithstanding any other provision of this Section, the |
26 | | required State contribution for State fiscal year 2005 and for |
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1 | | fiscal year 2008 and each fiscal year thereafter, as |
2 | | calculated under this Section and certified under subsection |
3 | | (a-1), shall not exceed an amount equal to (i) the amount of |
4 | | the required State contribution that would have been |
5 | | calculated under this Section for that fiscal year if the |
6 | | System had not received any payments under subsection (d) of |
7 | | Section 7.2 of the General Obligation Bond Act, minus (ii) the |
8 | | portion of the State's total debt service payments for that |
9 | | fiscal year on the bonds issued in fiscal year 2003 for the |
10 | | purposes of that Section 7.2, as determined and certified by |
11 | | the Comptroller, that is the same as the System's portion of |
12 | | the total moneys distributed under subsection (d) of Section |
13 | | 7.2 of the General Obligation Bond Act. In determining this |
14 | | maximum for State fiscal years 2008 through 2010, however, the |
15 | | amount referred to in item (i) shall be increased, as a |
16 | | percentage of the applicable employee payroll, in equal |
17 | | increments calculated from the sum of the required State |
18 | | contribution for State fiscal year 2007 plus the applicable |
19 | | portion of the State's total debt service payments for fiscal |
20 | | year 2007 on the bonds issued in fiscal year 2003 for the |
21 | | purposes of Section 7.2 of the General Obligation Bond Act, so |
22 | | that, by State fiscal year 2011, the State is contributing at |
23 | | the rate otherwise required under this Section. |
24 | | (b-4) Beginning in fiscal year 2018, each employer under |
25 | | this Article shall pay to the System a required contribution |
26 | | determined as a percentage of projected payroll and sufficient |
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1 | | to produce an annual amount equal to: |
2 | | (i) for each of fiscal years 2018, 2019, and 2020, the |
3 | | defined benefit normal cost of the defined benefit plan, |
4 | | less the employee contribution, for each employee of that |
5 | | employer who has elected or who is deemed to have elected |
6 | | the benefits under Section 1-161 or who has made the |
7 | | election under subsection (b) of Section 1-161; for fiscal |
8 | | year 2021 and each fiscal year thereafter, the defined |
9 | | benefit normal cost of the defined benefit plan, less the |
10 | | employee contribution, plus 2%, for each employee of that |
11 | | employer who has elected or who is deemed to have elected |
12 | | the benefits under Section 1-161 or who has made the |
13 | | election under subsection (b) of Section 1-161; plus |
14 | | (ii) the amount required for that fiscal year to |
15 | | amortize any unfunded actuarial accrued liability |
16 | | associated with the present value of liabilities |
17 | | attributable to the employer's account under Section |
18 | | 16-158.3, determined as a level percentage of payroll over |
19 | | a 30-year rolling amortization period. |
20 | | In determining contributions required under item (i) of |
21 | | this subsection, the System shall determine an aggregate rate |
22 | | for all employers, expressed as a percentage of projected |
23 | | payroll. |
24 | | In determining the contributions required under item (ii) |
25 | | of this subsection, the amount shall be computed by the System |
26 | | on the basis of the actuarial assumptions and tables used in |
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1 | | the most recent actuarial valuation of the System that is |
2 | | available at the time of the computation. |
3 | | The contributions required under this subsection (b-4) |
4 | | shall be paid by an employer concurrently with that employer's |
5 | | payroll payment period. The State, as the actual employer of |
6 | | an employee, shall make the required contributions under this |
7 | | subsection. |
8 | | (c) Payment of the required State contributions and of all |
9 | | pensions, retirement annuities, death benefits, refunds, and |
10 | | other benefits granted under or assumed by this System, and |
11 | | all expenses in connection with the administration and |
12 | | operation thereof, are obligations of the State. |
13 | | If members are paid from special trust or federal funds |
14 | | which are administered by the employing unit, whether school |
15 | | district or other unit, the employing unit shall pay to the |
16 | | System from such funds the full accruing retirement costs |
17 | | based upon that service, which, beginning July 1, 2017, shall |
18 | | be at a rate, expressed as a percentage of salary, equal to the |
19 | | total employer's normal cost, expressed as a percentage of |
20 | | payroll, as determined by the System. Employer contributions, |
21 | | based on salary paid to members from federal funds, may be |
22 | | forwarded by the distributing agency of the State of Illinois |
23 | | to the System prior to allocation, in an amount determined in |
24 | | accordance with guidelines established by such agency and the |
25 | | System. Any contribution for fiscal year 2015 collected as a |
26 | | result of the change made by Public Act 98-674 shall be |
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1 | | considered a State contribution under subsection (b-3) of this |
2 | | Section. |
3 | | (d) Effective July 1, 1986, any employer of a teacher as |
4 | | defined in paragraph (8) of Section 16-106 shall pay the |
5 | | employer's normal cost of benefits based upon the teacher's |
6 | | service, in addition to employee contributions, as determined |
7 | | by the System. Such employer contributions shall be forwarded |
8 | | monthly in accordance with guidelines established by the |
9 | | System. |
10 | | However, with respect to benefits granted under Section |
11 | | 16-133.4 or 16-133.5 to a teacher as defined in paragraph (8) |
12 | | of Section 16-106, the employer's contribution shall be 12% |
13 | | (rather than 20%) of the member's highest annual salary rate |
14 | | for each year of creditable service granted, and the employer |
15 | | shall also pay the required employee contribution on behalf of |
16 | | the teacher. For the purposes of Sections 16-133.4 and |
17 | | 16-133.5, a teacher as defined in paragraph (8) of Section |
18 | | 16-106 who is serving in that capacity while on leave of |
19 | | absence from another employer under this Article shall not be |
20 | | considered an employee of the employer from which the teacher |
21 | | is on leave. |
22 | | (e) Beginning July 1, 1998, every employer of a teacher |
23 | | shall pay to the System an employer contribution computed as |
24 | | follows: |
25 | | (1) Beginning July 1, 1998 through June 30, 1999, the |
26 | | employer contribution shall be equal to 0.3% of each |
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1 | | teacher's salary. |
2 | | (2) Beginning July 1, 1999 and thereafter, the |
3 | | employer contribution shall be equal to 0.58% of each |
4 | | teacher's salary. |
5 | | The school district or other employing unit may pay these |
6 | | employer contributions out of any source of funding available |
7 | | for that purpose and shall forward the contributions to the |
8 | | System on the schedule established for the payment of member |
9 | | contributions. |
10 | | These employer contributions are intended to offset a |
11 | | portion of the cost to the System of the increases in |
12 | | retirement benefits resulting from Public Act 90-582. |
13 | | Each employer of teachers is entitled to a credit against |
14 | | the contributions required under this subsection (e) with |
15 | | respect to salaries paid to teachers for the period January 1, |
16 | | 2002 through June 30, 2003, equal to the amount paid by that |
17 | | employer under subsection (a-5) of Section 6.6 of the State |
18 | | Employees Group Insurance Act of 1971 with respect to salaries |
19 | | paid to teachers for that period. |
20 | | The additional 1% employee contribution required under |
21 | | Section 16-152 by Public Act 90-582 is the responsibility of |
22 | | the teacher and not the teacher's employer, unless the |
23 | | employer agrees, through collective bargaining or otherwise, |
24 | | to make the contribution on behalf of the teacher. |
25 | | If an employer is required by a contract in effect on May |
26 | | 1, 1998 between the employer and an employee organization to |
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1 | | pay, on behalf of all its full-time employees covered by this |
2 | | Article, all mandatory employee contributions required under |
3 | | this Article, then the employer shall be excused from paying |
4 | | the employer contribution required under this subsection (e) |
5 | | for the balance of the term of that contract. The employer and |
6 | | the employee organization shall jointly certify to the System |
7 | | the existence of the contractual requirement, in such form as |
8 | | the System may prescribe. This exclusion shall cease upon the |
9 | | termination, extension, or renewal of the contract at any time |
10 | | after May 1, 1998. |
11 | | (f) If the amount of a teacher's salary for any school year |
12 | | used to determine final average salary exceeds the member's |
13 | | annual full-time salary rate with the same employer for the |
14 | | previous school year by more than 6%, the teacher's employer |
15 | | shall pay to the System, in addition to all other payments |
16 | | required under this Section and in accordance with guidelines |
17 | | established by the System, the present value of the increase |
18 | | in benefits resulting from the portion of the increase in |
19 | | salary that is in excess of 6%. This present value shall be |
20 | | computed by the System on the basis of the actuarial |
21 | | assumptions and tables used in the most recent actuarial |
22 | | valuation of the System that is available at the time of the |
23 | | computation. If a teacher's salary for the 2005-2006 school |
24 | | year is used to determine final average salary under this |
25 | | subsection (f), then the changes made to this subsection (f) |
26 | | by Public Act 94-1057 shall apply in calculating whether the |
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1 | | increase in his or her salary is in excess of 6%. For the |
2 | | purposes of this Section, change in employment under Section |
3 | | 10-21.12 of the School Code on or after June 1, 2005 shall |
4 | | constitute a change in employer. The System may require the |
5 | | employer to provide any pertinent information or |
6 | | documentation. The changes made to this subsection (f) by |
7 | | Public Act 94-1111 apply without regard to whether the teacher |
8 | | was in service on or after its effective date. |
9 | | Whenever it determines that a payment is or may be |
10 | | required under this subsection, the System shall calculate the |
11 | | amount of the payment and bill the employer for that amount. |
12 | | The bill shall specify the calculations used to determine the |
13 | | amount due. If the employer disputes the amount of the bill, it |
14 | | may, within 30 days after receipt of the bill, apply to the |
15 | | System in writing for a recalculation. The application must |
16 | | specify in detail the grounds of the dispute and, if the |
17 | | employer asserts that the calculation is subject to subsection |
18 | | (g), (g-5), (g-10), (g-15), (g-20), or (h) of this Section, |
19 | | must include an affidavit setting forth and attesting to all |
20 | | facts within the employer's knowledge that are pertinent to |
21 | | the applicability of that subsection. Upon receiving a timely |
22 | | application for recalculation, the System shall review the |
23 | | application and, if appropriate, recalculate the amount due. |
24 | | The employer contributions required under this subsection |
25 | | (f) may be paid in the form of a lump sum within 90 days after |
26 | | receipt of the bill. If the employer contributions are not |
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1 | | paid within 90 days after receipt of the bill, then interest |
2 | | will be charged at a rate equal to the System's annual |
3 | | actuarially assumed rate of return on investment compounded |
4 | | annually from the 91st day after receipt of the bill. Payments |
5 | | must be concluded within 3 years after the employer's receipt |
6 | | of the bill. |
7 | | (f-1) (Blank). |
8 | | (g) This subsection (g) applies only to payments made or |
9 | | salary increases given on or after June 1, 2005 but before July |
10 | | 1, 2011. The changes made by Public Act 94-1057 shall not |
11 | | require the System to refund any payments received before July |
12 | | 31, 2006 (the effective date of Public Act 94-1057). |
13 | | When assessing payment for any amount due under subsection |
14 | | (f), the System shall exclude salary increases paid to |
15 | | teachers under contracts or collective bargaining agreements |
16 | | entered into, amended, or renewed before June 1, 2005. |
17 | | When assessing payment for any amount due under subsection |
18 | | (f), the System shall exclude salary increases paid to a |
19 | | teacher at a time when the teacher is 10 or more years from |
20 | | retirement eligibility under Section 16-132 or 16-133.2. |
21 | | When assessing payment for any amount due under subsection |
22 | | (f), the System shall exclude salary increases resulting from |
23 | | overload work, including summer school, when the school |
24 | | district has certified to the System, and the System has |
25 | | approved the certification, that (i) the overload work is for |
26 | | the sole purpose of classroom instruction in excess of the |
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1 | | standard number of classes for a full-time teacher in a school |
2 | | district during a school year and (ii) the salary increases |
3 | | are equal to or less than the rate of pay for classroom |
4 | | instruction computed on the teacher's current salary and work |
5 | | schedule. |
6 | | When assessing payment for any amount due under subsection |
7 | | (f), the System shall exclude a salary increase resulting from |
8 | | a promotion (i) for which the employee is required to hold a |
9 | | certificate or supervisory endorsement issued by the State |
10 | | Teacher Certification Board that is a different certification |
11 | | or supervisory endorsement than is required for the teacher's |
12 | | previous position and (ii) to a position that has existed and |
13 | | been filled by a member for no less than one complete academic |
14 | | year and the salary increase from the promotion is an increase |
15 | | that results in an amount no greater than the lesser of the |
16 | | average salary paid for other similar positions in the |
17 | | district requiring the same certification or the amount |
18 | | stipulated in the collective bargaining agreement for a |
19 | | similar position requiring the same certification. |
20 | | When assessing payment for any amount due under subsection |
21 | | (f), the System shall exclude any payment to the teacher from |
22 | | the State of Illinois or the State Board of Education over |
23 | | which the employer does not have discretion, notwithstanding |
24 | | that the payment is included in the computation of final |
25 | | average salary. |
26 | | (g-5) When assessing payment for any amount due under |
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1 | | subsection (f), the System shall exclude salary increases |
2 | | resulting from overload or stipend work performed in a school |
3 | | year subsequent to a school year in which the employer was |
4 | | unable to offer or allow to be conducted overload or stipend |
5 | | work due to an emergency declaration limiting such activities. |
6 | | (g-10) When assessing payment for any amount due under |
7 | | subsection (f), the System shall exclude salary increases |
8 | | resulting from increased instructional time that exceeded the |
9 | | instructional time required during the 2019-2020 school year. |
10 | | (g-15) When assessing payment for any amount due under |
11 | | subsection (f), the System shall exclude salary increases |
12 | | resulting from teaching summer school on or after May 1, 2021 |
13 | | and before September 15, 2022. |
14 | | (g-20) When assessing payment for any amount due under |
15 | | subsection (f), the System shall exclude salary increases |
16 | | necessary to bring a school board in compliance with Public |
17 | | Act 101-443 or this amendatory Act of the 103rd General |
18 | | Assembly. |
19 | | (h) When assessing payment for any amount due under |
20 | | subsection (f), the System shall exclude any salary increase |
21 | | described in subsection (g) of this Section given on or after |
22 | | July 1, 2011 but before July 1, 2014 under a contract or |
23 | | collective bargaining agreement entered into, amended, or |
24 | | renewed on or after June 1, 2005 but before July 1, 2011. |
25 | | Notwithstanding any other provision of this Section, any |
26 | | payments made or salary increases given after June 30, 2014 |
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1 | | shall be used in assessing payment for any amount due under |
2 | | subsection (f) of this Section. |
3 | | (i) The System shall prepare a report and file copies of |
4 | | the report with the Governor and the General Assembly by |
5 | | January 1, 2007 that contains all of the following |
6 | | information: |
7 | | (1) The number of recalculations required by the |
8 | | changes made to this Section by Public Act 94-1057 for |
9 | | each employer. |
10 | | (2) The dollar amount by which each employer's |
11 | | contribution to the System was changed due to |
12 | | recalculations required by Public Act 94-1057. |
13 | | (3) The total amount the System received from each |
14 | | employer as a result of the changes made to this Section by |
15 | | Public Act 94-4. |
16 | | (4) The increase in the required State contribution |
17 | | resulting from the changes made to this Section by Public |
18 | | Act 94-1057. |
19 | | (i-5) For school years beginning on or after July 1, 2017, |
20 | | if the amount of a participant's salary for any school year |
21 | | exceeds the amount of the salary set for the Governor, the |
22 | | participant's employer shall pay to the System, in addition to |
23 | | all other payments required under this Section and in |
24 | | accordance with guidelines established by the System, an |
25 | | amount determined by the System to be equal to the employer |
26 | | normal cost, as established by the System and expressed as a |
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1 | | total percentage of payroll, multiplied by the amount of |
2 | | salary in excess of the amount of the salary set for the |
3 | | Governor. This amount shall be computed by the System on the |
4 | | basis of the actuarial assumptions and tables used in the most |
5 | | recent actuarial valuation of the System that is available at |
6 | | the time of the computation. The System may require the |
7 | | employer to provide any pertinent information or |
8 | | documentation. |
9 | | Whenever it determines that a payment is or may be |
10 | | required under this subsection, the System shall calculate the |
11 | | amount of the payment and bill the employer for that amount. |
12 | | The bill shall specify the calculations used to determine the |
13 | | amount due. If the employer disputes the amount of the bill, it |
14 | | may, within 30 days after receipt of the bill, apply to the |
15 | | System in writing for a recalculation. The application must |
16 | | specify in detail the grounds of the dispute. Upon receiving a |
17 | | timely application for recalculation, the System shall review |
18 | | the application and, if appropriate, recalculate the amount |
19 | | due. |
20 | | The employer contributions required under this subsection |
21 | | may be paid in the form of a lump sum within 90 days after |
22 | | receipt of the bill. If the employer contributions are not |
23 | | paid within 90 days after receipt of the bill, then interest |
24 | | will be charged at a rate equal to the System's annual |
25 | | actuarially assumed rate of return on investment compounded |
26 | | annually from the 91st day after receipt of the bill. Payments |
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1 | | must be concluded within 3 years after the employer's receipt |
2 | | of the bill. |
3 | | (j) For purposes of determining the required State |
4 | | contribution to the System, the value of the System's assets |
5 | | shall be equal to the actuarial value of the System's assets, |
6 | | which shall be calculated as follows: |
7 | | As of June 30, 2008, the actuarial value of the System's |
8 | | assets shall be equal to the market value of the assets as of |
9 | | that date. In determining the actuarial value of the System's |
10 | | assets for fiscal years after June 30, 2008, any actuarial |
11 | | gains or losses from investment return incurred in a fiscal |
12 | | year shall be recognized in equal annual amounts over the |
13 | | 5-year period following that fiscal year. |
14 | | (k) For purposes of determining the required State |
15 | | contribution to the system for a particular year, the |
16 | | actuarial value of assets shall be assumed to earn a rate of |
17 | | return equal to the system's actuarially assumed rate of |
18 | | return. |
19 | | (Source: P.A. 102-16, eff. 6-17-21; 102-525, eff. 8-20-21; |
20 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-515, eff. |
21 | | 8-11-23.)
|
22 | | (40 ILCS 5/18-140) (from Ch. 108 1/2, par. 18-140) |
23 | | Sec. 18-140. To certify required State contributions and |
24 | | submit vouchers. |
25 | | (a) The Board shall certify to the Governor, on or before |
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1 | | November 15 of each year until November 15, 2011, the amount of |
2 | | the required State contribution to the System for the |
3 | | following fiscal year and shall specifically identify the |
4 | | System's projected State normal cost for that fiscal year. The |
5 | | certification shall include a copy of the actuarial |
6 | | recommendations upon which it is based and shall specifically |
7 | | identify the System's projected State normal cost for that |
8 | | fiscal year. |
9 | | On or before November 1 of each year, beginning November |
10 | | 1, 2012, the Board shall submit to the State Actuary, the |
11 | | Governor, and the General Assembly a proposed certification of |
12 | | the amount of the required State contribution to the System |
13 | | for the next fiscal year, along with all of the actuarial |
14 | | assumptions, calculations, and data upon which that proposed |
15 | | certification is based. On or before January 1 of each year |
16 | | beginning January 1, 2013, the State Actuary shall issue a |
17 | | preliminary report concerning the proposed certification and |
18 | | identifying, if necessary, recommended changes in actuarial |
19 | | assumptions that the Board must consider before finalizing its |
20 | | certification of the required State contributions. On or |
21 | | before January 15, 2013 and every January 15 thereafter, the |
22 | | Board shall certify to the Governor and the General Assembly |
23 | | the amount of the required State contribution for the next |
24 | | fiscal year. The Board's certification must note any |
25 | | deviations from the State Actuary's recommended changes, the |
26 | | reason or reasons for not following the State Actuary's |
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1 | | recommended changes, and the fiscal impact of not following |
2 | | the State Actuary's recommended changes on the required State |
3 | | contribution. |
4 | | On or before May 1, 2004, the Board shall recalculate and |
5 | | recertify to the Governor the amount of the required State |
6 | | contribution to the System for State fiscal year 2005, taking |
7 | | into account the amounts appropriated to and received by the |
8 | | System under subsection (d) of Section 7.2 of the General |
9 | | Obligation Bond Act. |
10 | | On or before July 1, 2005, the Board shall recalculate and |
11 | | recertify to the Governor the amount of the required State |
12 | | contribution to the System for State fiscal year 2006, taking |
13 | | into account the changes in required State contributions made |
14 | | by this amendatory Act of the 94th General Assembly. |
15 | | On or before April 1, 2011, the Board shall recalculate |
16 | | and recertify to the Governor the amount of the required State |
17 | | contribution to the System for State fiscal year 2011, |
18 | | applying the changes made by Public Act 96-889 to the System's |
19 | | assets and liabilities as of June 30, 2009 as though Public Act |
20 | | 96-889 was approved on that date. |
21 | | By November 1, 2017, the Board shall recalculate and |
22 | | recertify to the State Actuary, the Governor, and the General |
23 | | Assembly the amount of the State contribution to the System |
24 | | for State fiscal year 2018, taking into account the changes in |
25 | | required State contributions made by this amendatory Act of |
26 | | the 100th General Assembly. The State Actuary shall review the |
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1 | | assumptions and valuations underlying the Board's revised |
2 | | certification and issue a preliminary report concerning the |
3 | | proposed recertification and identifying, if necessary, |
4 | | recommended changes in actuarial assumptions that the Board |
5 | | must consider before finalizing its certification of the |
6 | | required State contributions. The Board's final certification |
7 | | must note any deviations from the State Actuary's recommended |
8 | | changes, the reason or reasons for not following the State |
9 | | Actuary's recommended changes, and the fiscal impact of not |
10 | | following the State Actuary's recommended changes on the |
11 | | required State contribution. |
12 | | (b) Unless otherwise directed by the Comptroller under |
13 | | subsection (b-1), Beginning in State fiscal year 1996, on or |
14 | | as soon as possible after the 15th day of each month the Board |
15 | | shall submit vouchers for payment of State contributions to |
16 | | the System for the applicable month on the 15th day of each |
17 | | month, or as soon thereafter as may be practicable. The amount |
18 | | vouchered for a monthly payment shall total , in a total |
19 | | monthly amount of one-twelfth of the required annual State |
20 | | contribution certified under subsection (a). |
21 | | (b-1) Beginning in State fiscal year 2025, if the |
22 | | Comptroller requests that the Board submit, during a State |
23 | | fiscal year, vouchers for multiple monthly payments for the |
24 | | advance payment of State contributions due to the System for |
25 | | that State fiscal year, then the Board shall submit those |
26 | | additional vouchers as directed by the Comptroller, |
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1 | | notwithstanding subsection (b). Unless an act of |
2 | | appropriations provides otherwise, nothing in this Section |
3 | | authorizes the Board to submit, in a State fiscal year, |
4 | | vouchers for the payment of State contributions to the System |
5 | | in an amount that exceeds the rate of payroll that is certified |
6 | | by the System under this Section for that State fiscal year. |
7 | | From the effective date of this amendatory Act of the 93rd |
8 | | General Assembly through June 30, 2004, the Board shall not |
9 | | submit vouchers for the remainder of fiscal year 2004 in |
10 | | excess of the fiscal year 2004 certified contribution amount |
11 | | determined under this Section after taking into consideration |
12 | | the transfer to the System under subsection (c) of Section |
13 | | 6z-61 of the State Finance Act. |
14 | | (b-2) The These vouchers described in subsections (b) and |
15 | | (b-1) shall be paid by the State Comptroller and Treasurer by |
16 | | warrants drawn on the funds appropriated to the System for |
17 | | that fiscal year. |
18 | | If in any month the amount remaining unexpended from all |
19 | | other appropriations to the System for the applicable fiscal |
20 | | year (including the appropriations to the System under Section |
21 | | 8.12 of the State Finance Act and Section 1 of the State |
22 | | Pension Funds Continuing Appropriation Act) is less than the |
23 | | amount lawfully vouchered under this Section, the difference |
24 | | shall be paid from the General Revenue Fund under the |
25 | | continuing appropriation authority provided in Section 1.1 of |
26 | | the State Pension Funds Continuing Appropriation Act. |
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1 | | (Source: P.A. 100-23, eff. 7-6-17.)
|
2 | | Article 20.
|
3 | | Section 20-5. The Illinois Act on the Aging is amended by |
4 | | changing Section 4.02 as follows:
|
5 | | (20 ILCS 105/4.02) |
6 | | Sec. 4.02. Community Care Program. The Department shall |
7 | | establish a program of services to prevent unnecessary |
8 | | institutionalization of persons age 60 and older in need of |
9 | | long term care or who are established as persons who suffer |
10 | | from Alzheimer's disease or a related disorder under the |
11 | | Alzheimer's Disease Assistance Act, thereby enabling them to |
12 | | remain in their own homes or in other living arrangements. |
13 | | Such preventive services, which may be coordinated with other |
14 | | programs for the aged and monitored by area agencies on aging |
15 | | in cooperation with the Department, may include, but are not |
16 | | limited to, any or all of the following: |
17 | | (a) (blank); |
18 | | (b) (blank); |
19 | | (c) home care aide services; |
20 | | (d) personal assistant services; |
21 | | (e) adult day services; |
22 | | (f) home-delivered meals; |
23 | | (g) education in self-care; |
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1 | | (h) personal care services; |
2 | | (i) adult day health services; |
3 | | (j) habilitation services; |
4 | | (k) respite care; |
5 | | (k-5) community reintegration services; |
6 | | (k-6) flexible senior services; |
7 | | (k-7) medication management; |
8 | | (k-8) emergency home response; |
9 | | (l) other nonmedical social services that may enable |
10 | | the person to become self-supporting; or |
11 | | (m) clearinghouse for information provided by senior |
12 | | citizen home owners who want to rent rooms to or share |
13 | | living space with other senior citizens. |
14 | | The Department shall establish eligibility standards for |
15 | | such services. In determining the amount and nature of |
16 | | services for which a person may qualify, consideration shall |
17 | | not be given to the value of cash, property , or other assets |
18 | | held in the name of the person's spouse pursuant to a written |
19 | | agreement dividing marital property into equal but separate |
20 | | shares or pursuant to a transfer of the person's interest in a |
21 | | home to his spouse, provided that the spouse's share of the |
22 | | marital property is not made available to the person seeking |
23 | | such services. |
24 | | Beginning January 1, 2008, the Department shall require as |
25 | | a condition of eligibility that all new financially eligible |
26 | | applicants apply for and enroll in medical assistance under |
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1 | | Article V of the Illinois Public Aid Code in accordance with |
2 | | rules promulgated by the Department. |
3 | | The Department shall, in conjunction with the Department |
4 | | of Public Aid (now Department of Healthcare and Family |
5 | | Services), seek appropriate amendments under Sections 1915 and |
6 | | 1924 of the Social Security Act. The purpose of the amendments |
7 | | shall be to extend eligibility for home and community based |
8 | | services under Sections 1915 and 1924 of the Social Security |
9 | | Act to persons who transfer to or for the benefit of a spouse |
10 | | those amounts of income and resources allowed under Section |
11 | | 1924 of the Social Security Act. Subject to the approval of |
12 | | such amendments, the Department shall extend the provisions of |
13 | | Section 5-4 of the Illinois Public Aid Code to persons who, but |
14 | | for the provision of home or community-based services, would |
15 | | require the level of care provided in an institution, as is |
16 | | provided for in federal law. Those persons no longer found to |
17 | | be eligible for receiving noninstitutional services due to |
18 | | changes in the eligibility criteria shall be given 45 days |
19 | | notice prior to actual termination. Those persons receiving |
20 | | notice of termination may contact the Department and request |
21 | | the determination be appealed at any time during the 45 day |
22 | | notice period. The target population identified for the |
23 | | purposes of this Section are persons age 60 and older with an |
24 | | identified service need. Priority shall be given to those who |
25 | | are at imminent risk of institutionalization. The services |
26 | | shall be provided to eligible persons age 60 and older to the |
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1 | | extent that the cost of the services together with the other |
2 | | personal maintenance expenses of the persons are reasonably |
3 | | related to the standards established for care in a group |
4 | | facility appropriate to the person's condition. These |
5 | | non-institutional services, pilot projects , or experimental |
6 | | facilities may be provided as part of or in addition to those |
7 | | authorized by federal law or those funded and administered by |
8 | | the Department of Human Services. The Departments of Human |
9 | | Services, Healthcare and Family Services, Public Health, |
10 | | Veterans' Affairs, and Commerce and Economic Opportunity and |
11 | | other appropriate agencies of State, federal , and local |
12 | | governments shall cooperate with the Department on Aging in |
13 | | the establishment and development of the non-institutional |
14 | | services. The Department shall require an annual audit from |
15 | | all personal assistant and home care aide vendors contracting |
16 | | with the Department under this Section. The annual audit shall |
17 | | assure that each audited vendor's procedures are in compliance |
18 | | with Department's financial reporting guidelines requiring an |
19 | | administrative and employee wage and benefits cost split as |
20 | | defined in administrative rules. The audit is a public record |
21 | | under the Freedom of Information Act. The Department shall |
22 | | execute, relative to the nursing home prescreening project, |
23 | | written inter-agency agreements with the Department of Human |
24 | | Services and the Department of Healthcare and Family Services, |
25 | | to effect the following: (1) intake procedures and common |
26 | | eligibility criteria for those persons who are receiving |
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1 | | non-institutional services; and (2) the establishment and |
2 | | development of non-institutional services in areas of the |
3 | | State where they are not currently available or are |
4 | | undeveloped. On and after July 1, 1996, all nursing home |
5 | | prescreenings for individuals 60 years of age or older shall |
6 | | be conducted by the Department. |
7 | | As part of the Department on Aging's routine training of |
8 | | case managers and case manager supervisors, the Department may |
9 | | include information on family futures planning for persons who |
10 | | are age 60 or older and who are caregivers of their adult |
11 | | children with developmental disabilities. The content of the |
12 | | training shall be at the Department's discretion. |
13 | | The Department is authorized to establish a system of |
14 | | recipient copayment for services provided under this Section, |
15 | | such copayment to be based upon the recipient's ability to pay |
16 | | but in no case to exceed the actual cost of the services |
17 | | provided. Additionally, any portion of a person's income which |
18 | | is equal to or less than the federal poverty standard shall not |
19 | | be considered by the Department in determining the copayment. |
20 | | The level of such copayment shall be adjusted whenever |
21 | | necessary to reflect any change in the officially designated |
22 | | federal poverty standard. |
23 | | The Department, or the Department's authorized |
24 | | representative, may recover the amount of moneys expended for |
25 | | services provided to or in behalf of a person under this |
26 | | Section by a claim against the person's estate or against the |
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1 | | estate of the person's surviving spouse, but no recovery may |
2 | | be had until after the death of the surviving spouse, if any, |
3 | | and then only at such time when there is no surviving child who |
4 | | is under age 21 or blind or who has a permanent and total |
5 | | disability. This paragraph, however, shall not bar recovery, |
6 | | at the death of the person, of moneys for services provided to |
7 | | the person or in behalf of the person under this Section to |
8 | | which the person was not entitled; provided that such recovery |
9 | | shall not be enforced against any real estate while it is |
10 | | occupied as a homestead by the surviving spouse or other |
11 | | dependent, if no claims by other creditors have been filed |
12 | | against the estate, or, if such claims have been filed, they |
13 | | remain dormant for failure of prosecution or failure of the |
14 | | claimant to compel administration of the estate for the |
15 | | purpose of payment. This paragraph shall not bar recovery from |
16 | | the estate of a spouse, under Sections 1915 and 1924 of the |
17 | | Social Security Act and Section 5-4 of the Illinois Public Aid |
18 | | Code, who precedes a person receiving services under this |
19 | | Section in death. All moneys for services paid to or in behalf |
20 | | of the person under this Section shall be claimed for recovery |
21 | | from the deceased spouse's estate. "Homestead", as used in |
22 | | this paragraph, means the dwelling house and contiguous real |
23 | | estate occupied by a surviving spouse or relative, as defined |
24 | | by the rules and regulations of the Department of Healthcare |
25 | | and Family Services, regardless of the value of the property. |
26 | | The Department shall increase the effectiveness of the |
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1 | | existing Community Care Program by: |
2 | | (1) ensuring that in-home services included in the |
3 | | care plan are available on evenings and weekends; |
4 | | (2) ensuring that care plans contain the services that |
5 | | eligible participants need based on the number of days in |
6 | | a month, not limited to specific blocks of time, as |
7 | | identified by the comprehensive assessment tool selected |
8 | | by the Department for use statewide, not to exceed the |
9 | | total monthly service cost maximum allowed for each |
10 | | service; the Department shall develop administrative rules |
11 | | to implement this item (2); |
12 | | (3) ensuring that the participants have the right to |
13 | | choose the services contained in their care plan and to |
14 | | direct how those services are provided, based on |
15 | | administrative rules established by the Department; |
16 | | (4) ensuring that the determination of need tool is |
17 | | accurate in determining the participants' level of need; |
18 | | to achieve this, the Department, in conjunction with the |
19 | | Older Adult Services Advisory Committee, shall institute a |
20 | | study of the relationship between the Determination of |
21 | | Need scores, level of need, service cost maximums, and the |
22 | | development and utilization of service plans no later than |
23 | | May 1, 2008; findings and recommendations shall be |
24 | | presented to the Governor and the General Assembly no |
25 | | later than January 1, 2009; recommendations shall include |
26 | | all needed changes to the service cost maximums schedule |
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1 | | and additional covered services; |
2 | | (5) ensuring that homemakers can provide personal care |
3 | | services that may or may not involve contact with clients, |
4 | | including , but not limited to: |
5 | | (A) bathing; |
6 | | (B) grooming; |
7 | | (C) toileting; |
8 | | (D) nail care; |
9 | | (E) transferring; |
10 | | (F) respiratory services; |
11 | | (G) exercise; or |
12 | | (H) positioning; |
13 | | (6) ensuring that homemaker program vendors are not |
14 | | restricted from hiring homemakers who are family members |
15 | | of clients or recommended by clients; the Department may |
16 | | not, by rule or policy, require homemakers who are family |
17 | | members of clients or recommended by clients to accept |
18 | | assignments in homes other than the client; |
19 | | (7) ensuring that the State may access maximum federal |
20 | | matching funds by seeking approval for the Centers for |
21 | | Medicare and Medicaid Services for modifications to the |
22 | | State's home and community based services waiver and |
23 | | additional waiver opportunities, including applying for |
24 | | enrollment in the Balance Incentive Payment Program by May |
25 | | 1, 2013, in order to maximize federal matching funds; this |
26 | | shall include, but not be limited to, modification that |
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1 | | reflects all changes in the Community Care Program |
2 | | services and all increases in the services cost maximum; |
3 | | (8) ensuring that the determination of need tool |
4 | | accurately reflects the service needs of individuals with |
5 | | Alzheimer's disease and related dementia disorders; |
6 | | (9) ensuring that services are authorized accurately |
7 | | and consistently for the Community Care Program (CCP); the |
8 | | Department shall implement a Service Authorization policy |
9 | | directive; the purpose shall be to ensure that eligibility |
10 | | and services are authorized accurately and consistently in |
11 | | the CCP program; the policy directive shall clarify |
12 | | service authorization guidelines to Care Coordination |
13 | | Units and Community Care Program providers no later than |
14 | | May 1, 2013; |
15 | | (10) working in conjunction with Care Coordination |
16 | | Units, the Department of Healthcare and Family Services, |
17 | | the Department of Human Services, Community Care Program |
18 | | providers, and other stakeholders to make improvements to |
19 | | the Medicaid claiming processes and the Medicaid |
20 | | enrollment procedures or requirements as needed, |
21 | | including, but not limited to, specific policy changes or |
22 | | rules to improve the up-front enrollment of participants |
23 | | in the Medicaid program and specific policy changes or |
24 | | rules to insure more prompt submission of bills to the |
25 | | federal government to secure maximum federal matching |
26 | | dollars as promptly as possible; the Department on Aging |
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1 | | shall have at least 3 meetings with stakeholders by |
2 | | January 1, 2014 in order to address these improvements; |
3 | | (11) requiring home care service providers to comply |
4 | | with the rounding of hours worked provisions under the |
5 | | federal Fair Labor Standards Act (FLSA) and as set forth |
6 | | in 29 CFR 785.48(b) by May 1, 2013; |
7 | | (12) implementing any necessary policy changes or |
8 | | promulgating any rules, no later than January 1, 2014, to |
9 | | assist the Department of Healthcare and Family Services in |
10 | | moving as many participants as possible, consistent with |
11 | | federal regulations, into coordinated care plans if a care |
12 | | coordination plan that covers long term care is available |
13 | | in the recipient's area; and |
14 | | (13) maintaining fiscal year 2014 rates at the same |
15 | | level established on January 1, 2013. |
16 | | By January 1, 2009 or as soon after the end of the Cash and |
17 | | Counseling Demonstration Project as is practicable, the |
18 | | Department may, based on its evaluation of the demonstration |
19 | | project, promulgate rules concerning personal assistant |
20 | | services, to include, but need not be limited to, |
21 | | qualifications, employment screening, rights under fair labor |
22 | | standards, training, fiduciary agent, and supervision |
23 | | requirements. All applicants shall be subject to the |
24 | | provisions of the Health Care Worker Background Check Act. |
25 | | The Department shall develop procedures to enhance |
26 | | availability of services on evenings, weekends, and on an |
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1 | | emergency basis to meet the respite needs of caregivers. |
2 | | Procedures shall be developed to permit the utilization of |
3 | | services in successive blocks of 24 hours up to the monthly |
4 | | maximum established by the Department. Workers providing these |
5 | | services shall be appropriately trained. |
6 | | Beginning on September 23, 1991 ( the effective date of |
7 | | Public Act 87-729) this amendatory Act of 1991 , no person may |
8 | | perform chore/housekeeping and home care aide services under a |
9 | | program authorized by this Section unless that person has been |
10 | | issued a certificate of pre-service to do so by his or her |
11 | | employing agency. Information gathered to effect such |
12 | | certification shall include (i) the person's name, (ii) the |
13 | | date the person was hired by his or her current employer, and |
14 | | (iii) the training, including dates and levels. Persons |
15 | | engaged in the program authorized by this Section before the |
16 | | effective date of this amendatory Act of 1991 shall be issued a |
17 | | certificate of all pre-service pre- and in-service training |
18 | | from his or her employer upon submitting the necessary |
19 | | information. The employing agency shall be required to retain |
20 | | records of all staff pre-service pre- and in-service training, |
21 | | and shall provide such records to the Department upon request |
22 | | and upon termination of the employer's contract with the |
23 | | Department. In addition, the employing agency is responsible |
24 | | for the issuance of certifications of in-service training |
25 | | completed to their employees. |
26 | | The Department is required to develop a system to ensure |
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1 | | that persons working as home care aides and personal |
2 | | assistants receive increases in their wages when the federal |
3 | | minimum wage is increased by requiring vendors to certify that |
4 | | they are meeting the federal minimum wage statute for home |
5 | | care aides and personal assistants. An employer that cannot |
6 | | ensure that the minimum wage increase is being given to home |
7 | | care aides and personal assistants shall be denied any |
8 | | increase in reimbursement costs. |
9 | | The Community Care Program Advisory Committee is created |
10 | | in the Department on Aging. The Director shall appoint |
11 | | individuals to serve in the Committee, who shall serve at |
12 | | their own expense. Members of the Committee must abide by all |
13 | | applicable ethics laws. The Committee shall advise the |
14 | | Department on issues related to the Department's program of |
15 | | services to prevent unnecessary institutionalization. The |
16 | | Committee shall meet on a bi-monthly basis and shall serve to |
17 | | identify and advise the Department on present and potential |
18 | | issues affecting the service delivery network, the program's |
19 | | clients, and the Department and to recommend solution |
20 | | strategies. Persons appointed to the Committee shall be |
21 | | appointed on, but not limited to, their own and their agency's |
22 | | experience with the program, geographic representation, and |
23 | | willingness to serve. The Director shall appoint members to |
24 | | the Committee to represent provider, advocacy, policy |
25 | | research, and other constituencies committed to the delivery |
26 | | of high quality home and community-based services to older |
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1 | | adults. Representatives shall be appointed to ensure |
2 | | representation from community care providers , including, but |
3 | | not limited to, adult day service providers, homemaker |
4 | | providers, case coordination and case management units, |
5 | | emergency home response providers, statewide trade or labor |
6 | | unions that represent home care aides and direct care staff, |
7 | | area agencies on aging, adults over age 60, membership |
8 | | organizations representing older adults, and other |
9 | | organizational entities, providers of care, or individuals |
10 | | with demonstrated interest and expertise in the field of home |
11 | | and community care as determined by the Director. |
12 | | Nominations may be presented from any agency or State |
13 | | association with interest in the program. The Director, or his |
14 | | or her designee, shall serve as the permanent co-chair of the |
15 | | advisory committee. One other co-chair shall be nominated and |
16 | | approved by the members of the committee on an annual basis. |
17 | | Committee members' terms of appointment shall be for 4 years |
18 | | with one-quarter of the appointees' terms expiring each year. |
19 | | A member shall continue to serve until his or her replacement |
20 | | is named. The Department shall fill vacancies that have a |
21 | | remaining term of over one year, and this replacement shall |
22 | | occur through the annual replacement of expiring terms. The |
23 | | Director shall designate Department staff to provide technical |
24 | | assistance and staff support to the committee. Department |
25 | | representation shall not constitute membership of the |
26 | | committee. All Committee papers, issues, recommendations, |
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1 | | reports, and meeting memoranda are advisory only. The |
2 | | Director, or his or her designee, shall make a written report, |
3 | | as requested by the Committee, regarding issues before the |
4 | | Committee. |
5 | | The Department on Aging and the Department of Human |
6 | | Services shall cooperate in the development and submission of |
7 | | an annual report on programs and services provided under this |
8 | | Section. Such joint report shall be filed with the Governor |
9 | | and the General Assembly on or before March 31 of the following |
10 | | fiscal year. |
11 | | The requirement for reporting to the General Assembly |
12 | | shall be satisfied by filing copies of the report as required |
13 | | by Section 3.1 of the General Assembly Organization Act and |
14 | | filing such additional copies with the State Government Report |
15 | | Distribution Center for the General Assembly as is required |
16 | | under paragraph (t) of Section 7 of the State Library Act. |
17 | | Those persons previously found eligible for receiving |
18 | | non-institutional services whose services were discontinued |
19 | | under the Emergency Budget Act of Fiscal Year 1992, and who do |
20 | | not meet the eligibility standards in effect on or after July |
21 | | 1, 1992, shall remain ineligible on and after July 1, 1992. |
22 | | Those persons previously not required to cost-share and who |
23 | | were required to cost-share effective March 1, 1992, shall |
24 | | continue to meet cost-share requirements on and after July 1, |
25 | | 1992. Beginning July 1, 1992, all clients will be required to |
26 | | meet eligibility, cost-share, and other requirements and will |
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1 | | have services discontinued or altered when they fail to meet |
2 | | these requirements. |
3 | | For the purposes of this Section, "flexible senior |
4 | | services" refers to services that require one-time or periodic |
5 | | expenditures , including, but not limited to, respite care, |
6 | | home modification, assistive technology, housing assistance, |
7 | | and transportation. |
8 | | The Department shall implement an electronic service |
9 | | verification based on global positioning systems or other |
10 | | cost-effective technology for the Community Care Program no |
11 | | later than January 1, 2014. |
12 | | The Department shall require, as a condition of |
13 | | eligibility, enrollment in the medical assistance program |
14 | | under Article V of the Illinois Public Aid Code (i) beginning |
15 | | August 1, 2013, if the Auditor General has reported that the |
16 | | Department has failed to comply with the reporting |
17 | | requirements of Section 2-27 of the Illinois State Auditing |
18 | | Act; or (ii) beginning June 1, 2014, if the Auditor General has |
19 | | reported that the Department has not undertaken the required |
20 | | actions listed in the report required by subsection (a) of |
21 | | Section 2-27 of the Illinois State Auditing Act. |
22 | | The Department shall delay Community Care Program services |
23 | | until an applicant is determined eligible for medical |
24 | | assistance under Article V of the Illinois Public Aid Code (i) |
25 | | beginning August 1, 2013, if the Auditor General has reported |
26 | | that the Department has failed to comply with the reporting |
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1 | | requirements of Section 2-27 of the Illinois State Auditing |
2 | | Act; or (ii) beginning June 1, 2014, if the Auditor General has |
3 | | reported that the Department has not undertaken the required |
4 | | actions listed in the report required by subsection (a) of |
5 | | Section 2-27 of the Illinois State Auditing Act. |
6 | | The Department shall implement co-payments for the |
7 | | Community Care Program at the federally allowable maximum |
8 | | level (i) beginning August 1, 2013, if the Auditor General has |
9 | | reported that the Department has failed to comply with the |
10 | | reporting requirements of Section 2-27 of the Illinois State |
11 | | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor |
12 | | General has reported that the Department has not undertaken |
13 | | the required actions listed in the report required by |
14 | | subsection (a) of Section 2-27 of the Illinois State Auditing |
15 | | Act. |
16 | | The Department shall continue to provide other Community |
17 | | Care Program reports as required by statute. |
18 | | The Department shall conduct a quarterly review of Care |
19 | | Coordination Unit performance and adherence to service |
20 | | guidelines. The quarterly review shall be reported to the |
21 | | Speaker of the House of Representatives, the Minority Leader |
22 | | of the House of Representatives, the President of the Senate, |
23 | | and the Minority Leader of the Senate. The Department shall |
24 | | collect and report longitudinal data on the performance of |
25 | | each care coordination unit. Nothing in this paragraph shall |
26 | | be construed to require the Department to identify specific |
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1 | | care coordination units. |
2 | | In regard to community care providers, failure to comply |
3 | | with Department on Aging policies shall be cause for |
4 | | disciplinary action, including, but not limited to, |
5 | | disqualification from serving Community Care Program clients. |
6 | | Each provider, upon submission of any bill or invoice to the |
7 | | Department for payment for services rendered, shall include a |
8 | | notarized statement, under penalty of perjury pursuant to |
9 | | Section 1-109 of the Code of Civil Procedure, that the |
10 | | provider has complied with all Department policies. |
11 | | The Director of the Department on Aging shall make |
12 | | information available to the State Board of Elections as may |
13 | | be required by an agreement the State Board of Elections has |
14 | | entered into with a multi-state voter registration list |
15 | | maintenance system. |
16 | | Within 30 days after July 6, 2017 (the effective date of |
17 | | Public Act 100-23), rates shall be increased to $18.29 per |
18 | | hour, for the purpose of increasing, by at least $.72 per hour, |
19 | | the wages paid by those vendors to their employees who provide |
20 | | homemaker services. The Department shall pay an enhanced rate |
21 | | under the Community Care Program to those in-home service |
22 | | provider agencies that offer health insurance coverage as a |
23 | | benefit to their direct service worker employees consistent |
24 | | with the mandates of Public Act 95-713. For State fiscal years |
25 | | 2018 and 2019, the enhanced rate shall be $1.77 per hour. The |
26 | | rate shall be adjusted using actuarial analysis based on the |
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1 | | cost of care, but shall not be set below $1.77 per hour. The |
2 | | Department shall adopt rules, including emergency rules under |
3 | | subsections (y) and (bb) of Section 5-45 of the Illinois |
4 | | Administrative Procedure Act, to implement the provisions of |
5 | | this paragraph. |
6 | | Subject to federal approval, beginning on January 1, 2024, |
7 | | rates for adult day services shall be increased to $16.84 per |
8 | | hour and rates for each way transportation services for adult |
9 | | day services shall be increased to $12.44 per unit |
10 | | transportation. |
11 | | Subject to federal approval, on and after January 1, 2024, |
12 | | rates for homemaker services shall be increased to $28.07 to |
13 | | sustain a minimum wage of $17 per hour for direct service |
14 | | workers. Rates in subsequent State fiscal years shall be no |
15 | | lower than the rates put into effect upon federal approval. |
16 | | Providers of in-home services shall be required to certify to |
17 | | the Department that they remain in compliance with the |
18 | | mandated wage increase for direct service workers. Fringe |
19 | | benefits, including, but not limited to, paid time off and |
20 | | payment for training, health insurance, travel, or |
21 | | transportation, shall not be reduced in relation to the rate |
22 | | increases described in this paragraph. |
23 | | Subject to and upon federal approval, on and after January |
24 | | 1, 2025, rates for homemaker services shall be increased to |
25 | | $29.63 to sustain a minimum wage of $18 per hour for direct |
26 | | service workers. Rates in subsequent State fiscal years shall |
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1 | | be no lower than the rates put into effect upon federal |
2 | | approval. Providers of in-home services shall be required to |
3 | | certify to the Department that they remain in compliance with |
4 | | the mandated wage increase for direct service workers. Fringe |
5 | | benefits, including, but not limited to, paid time off and |
6 | | payment for training, health insurance, travel, or |
7 | | transportation, shall not be reduced in relation to the rate |
8 | | increases described in this paragraph. |
9 | | The General Assembly finds it necessary to authorize an |
10 | | aggressive Medicaid enrollment initiative designed to maximize |
11 | | federal Medicaid funding for the Community Care Program which |
12 | | produces significant savings for the State of Illinois. The |
13 | | Department on Aging shall establish and implement a Community |
14 | | Care Program Medicaid Initiative. Under the Initiative, the |
15 | | Department on Aging shall, at a minimum: (i) provide an |
16 | | enhanced rate to adequately compensate care coordination units |
17 | | to enroll eligible Community Care Program clients into |
18 | | Medicaid; (ii) use recommendations from a stakeholder |
19 | | committee on how best to implement the Initiative; and (iii) |
20 | | establish requirements for State agencies to make enrollment |
21 | | in the State's Medical Assistance program easier for seniors. |
22 | | The Community Care Program Medicaid Enrollment Oversight |
23 | | Subcommittee is created as a subcommittee of the Older Adult |
24 | | Services Advisory Committee established in Section 35 of the |
25 | | Older Adult Services Act to make recommendations on how best |
26 | | to increase the number of medical assistance recipients who |
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1 | | are enrolled in the Community Care Program. The Subcommittee |
2 | | shall consist of all of the following persons who must be |
3 | | appointed within 30 days after June 4, 2018 ( the effective |
4 | | date of Public Act 100-587) this amendatory Act of the 100th |
5 | | General Assembly : |
6 | | (1) The Director of Aging, or his or her designee, who |
7 | | shall serve as the chairperson of the Subcommittee. |
8 | | (2) One representative of the Department of Healthcare |
9 | | and Family Services, appointed by the Director of |
10 | | Healthcare and Family Services. |
11 | | (3) One representative of the Department of Human |
12 | | Services, appointed by the Secretary of Human Services. |
13 | | (4) One individual representing a care coordination |
14 | | unit, appointed by the Director of Aging. |
15 | | (5) One individual from a non-governmental statewide |
16 | | organization that advocates for seniors, appointed by the |
17 | | Director of Aging. |
18 | | (6) One individual representing Area Agencies on |
19 | | Aging, appointed by the Director of Aging. |
20 | | (7) One individual from a statewide association |
21 | | dedicated to Alzheimer's care, support, and research, |
22 | | appointed by the Director of Aging. |
23 | | (8) One individual from an organization that employs |
24 | | persons who provide services under the Community Care |
25 | | Program, appointed by the Director of Aging. |
26 | | (9) One member of a trade or labor union representing |
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1 | | persons who provide services under the Community Care |
2 | | Program, appointed by the Director of Aging. |
3 | | (10) One member of the Senate, who shall serve as |
4 | | co-chairperson, appointed by the President of the Senate. |
5 | | (11) One member of the Senate, who shall serve as |
6 | | co-chairperson, appointed by the Minority Leader of the |
7 | | Senate. |
8 | | (12) One member of the House of Representatives, who |
9 | | shall serve as co-chairperson, appointed by the Speaker of |
10 | | the House of Representatives. |
11 | | (13) One member of the House of Representatives, who |
12 | | shall serve as co-chairperson, appointed by the Minority |
13 | | Leader of the House of Representatives. |
14 | | (14) One individual appointed by a labor organization |
15 | | representing frontline employees at the Department of |
16 | | Human Services. |
17 | | The Subcommittee shall provide oversight to the Community |
18 | | Care Program Medicaid Initiative and shall meet quarterly. At |
19 | | each Subcommittee meeting the Department on Aging shall |
20 | | provide the following data sets to the Subcommittee: (A) the |
21 | | number of Illinois residents, categorized by planning and |
22 | | service area, who are receiving services under the Community |
23 | | Care Program and are enrolled in the State's Medical |
24 | | Assistance Program; (B) the number of Illinois residents, |
25 | | categorized by planning and service area, who are receiving |
26 | | services under the Community Care Program, but are not |
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1 | | enrolled in the State's Medical Assistance Program; and (C) |
2 | | the number of Illinois residents, categorized by planning and |
3 | | service area, who are receiving services under the Community |
4 | | Care Program and are eligible for benefits under the State's |
5 | | Medical Assistance Program, but are not enrolled in the |
6 | | State's Medical Assistance Program. In addition to this data, |
7 | | the Department on Aging shall provide the Subcommittee with |
8 | | plans on how the Department on Aging will reduce the number of |
9 | | Illinois residents who are not enrolled in the State's Medical |
10 | | Assistance Program but who are eligible for medical assistance |
11 | | benefits. The Department on Aging shall enroll in the State's |
12 | | Medical Assistance Program those Illinois residents who |
13 | | receive services under the Community Care Program and are |
14 | | eligible for medical assistance benefits but are not enrolled |
15 | | in the State's Medicaid Assistance Program. The data provided |
16 | | to the Subcommittee shall be made available to the public via |
17 | | the Department on Aging's website. |
18 | | The Department on Aging, with the involvement of the |
19 | | Subcommittee, shall collaborate with the Department of Human |
20 | | Services and the Department of Healthcare and Family Services |
21 | | on how best to achieve the responsibilities of the Community |
22 | | Care Program Medicaid Initiative. |
23 | | The Department on Aging, the Department of Human Services, |
24 | | and the Department of Healthcare and Family Services shall |
25 | | coordinate and implement a streamlined process for seniors to |
26 | | access benefits under the State's Medical Assistance Program. |
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1 | | The Subcommittee shall collaborate with the Department of |
2 | | Human Services on the adoption of a uniform application |
3 | | submission process. The Department of Human Services and any |
4 | | other State agency involved with processing the medical |
5 | | assistance application of any person enrolled in the Community |
6 | | Care Program shall include the appropriate care coordination |
7 | | unit in all communications related to the determination or |
8 | | status of the application. |
9 | | The Community Care Program Medicaid Initiative shall |
10 | | provide targeted funding to care coordination units to help |
11 | | seniors complete their applications for medical assistance |
12 | | benefits. On and after July 1, 2019, care coordination units |
13 | | shall receive no less than $200 per completed application, |
14 | | which rate may be included in a bundled rate for initial intake |
15 | | services when Medicaid application assistance is provided in |
16 | | conjunction with the initial intake process for new program |
17 | | participants. |
18 | | The Community Care Program Medicaid Initiative shall cease |
19 | | operation 5 years after June 4, 2018 ( the effective date of |
20 | | Public Act 100-587) this amendatory Act of the 100th General |
21 | | Assembly , after which the Subcommittee shall dissolve. |
22 | | Effective July 1, 2023, subject to federal approval, the |
23 | | Department on Aging shall reimburse Care Coordination Units at |
24 | | the following rates for case management services: $252.40 for |
25 | | each initial assessment; $366.40 for each initial assessment |
26 | | with translation; $229.68 for each redetermination assessment; |
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1 | | $313.68 for each redetermination assessment with translation; |
2 | | $200.00 for each completed application for medical assistance |
3 | | benefits; $132.26 for each face-to-face, choices-for-care |
4 | | screening; $168.26 for each face-to-face, choices-for-care |
5 | | screening with translation; $124.56 for each 6-month, |
6 | | face-to-face visit; $132.00 for each MCO participant |
7 | | eligibility determination; and $157.00 for each MCO |
8 | | participant eligibility determination with translation. |
9 | | (Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23; |
10 | | 103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102, |
11 | | Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90, |
12 | | Section 90-5, eff. 1-1-24; revised 12-12-23.)
|
13 | | Article 25.
|
14 | | Section 25-1. Short title. This Act may be cited as the |
15 | | Illinois Caregiver Assistance and Resource Portal Act. As used |
16 | | in this Article, "this Act" refers to this Article.
|
17 | | Section 25-5. Purpose and intent. The purpose of this Act |
18 | | is to establish a State-created virtual portal that features a |
19 | | virtual comprehensive directory of State, federal, non-profit, |
20 | | and paid resources dedicated to caregiving and Illinois' |
21 | | 1,300,000 unpaid caregivers. The mission of this portal is to |
22 | | provide caregivers with simplified and trusted access to an |
23 | | information, support, and resource website to help caregivers |
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1 | | develop and implement caregiving plans for their loved ones or |
2 | | friends.
|
3 | | Section 25-10. Establishment of the Illinois Caregiver |
4 | | Assistance and Resources Portal. |
5 | | (a) The Department on Aging, in consultation with the |
6 | | Department of Healthcare and Family Services, the Department |
7 | | of Public Health, and the Department of Veterans' Affairs, |
8 | | shall be responsible for the creation and maintenance of the |
9 | | Illinois Caregiver Assistance and Resource Portal (hereinafter |
10 | | referred to as the "Portal"). |
11 | | (b) The Portal shall serve as a centralized and trusted |
12 | | online platform offering a wide range of resources related to |
13 | | caregiving, including, but not limited to: |
14 | | (1) Information on State and federal programs, |
15 | | benefits, and resources on caregiving, long-term care, and |
16 | | at-home care for Illinois residents who are 50 years of |
17 | | age or older. |
18 | | (2) Information from non-profit organizations |
19 | | providing free-of-charge caregiving support and resources. |
20 | | (3) Tools and guides for developing and implementing |
21 | | caregiving plans. |
22 | | (4) Direct contact information for relevant Illinois |
23 | | agencies, organizations, and other State-licensed |
24 | | long-term care, aging, senior support services, and |
25 | | at-home care providers. |
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1 | | (5) Educational materials, articles, and videos on |
2 | | caregiving best practices. |
3 | | (6) Accommodations for users with different language |
4 | | preferences, ensuring the information is accessible to |
5 | | diverse audiences. |
6 | | (c) By incorporating these resources, the Portal aims to |
7 | | serve as a comprehensive and user-friendly hub for caregivers, |
8 | | providing them with the tools, information, and support they |
9 | | need to navigate the complex landscape of caregiving, nursing |
10 | | home care, and at-home care and other essential resources that |
11 | | are readily accessible. Additional information and resources |
12 | | to be featured may include the following: |
13 | | (1) Caregiving resources: A comprehensive section |
14 | | dedicated to caregiving, including guides, articles, and |
15 | | videos on caregiving techniques, managing caregiver |
16 | | stress, and enhancing the quality of care provided. |
17 | | (2) Home and community-based services: Resources, |
18 | | descriptions, and opportunities on how the State supports |
19 | | family caregivers, to include, but not be limited to, the |
20 | | Senior HelpLine, Illinois Care Connections, the Community |
21 | | Care Program, Adult Protective Services, the Illinois |
22 | | Long-Term Care Ombudsman, Adult Day Services, the Home |
23 | | Delivered Meals program, and all other programming and |
24 | | services offered by the Department on Aging. |
25 | | (3) Nursing home care: State and federal information |
26 | | and online resources on nursing homes, including facility |
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1 | | ratings, reviews, and resources for choosing the right |
2 | | nursing home based on specific needs and preferences. |
3 | | (4) Area Agency on Aging: A dedicated section |
4 | | highlighting the services and programs offered by Area |
5 | | Agencies on Aging, including, but not limited to, |
6 | | assistance with long-term care planning, nutrition, |
7 | | transportation, caregiver support and need assessment, and |
8 | | the address and contact information of statewide Area |
9 | | Agencies on Aging and Aging and Disability Resource |
10 | | Centers. |
11 | | (5) At-home care: Resources and guides for at-home |
12 | | care, including information on hiring caregivers, managing |
13 | | in-home medical and non-medical care, and ensuring a safe |
14 | | and comfortable home environment. |
15 | | (6) Hospital-to-home transition: A specialized section |
16 | | focusing on the transition from hospital care to |
17 | | home-based care, offering tips, checklists, and resources |
18 | | to ensure a smooth transition and continued recovery at |
19 | | home. |
20 | | (7) Contact Information: Direct contact details for |
21 | | relevant agencies, organizations, and State-licensed |
22 | | professionals involved in caregiving, nursing home care, |
23 | | and at-home care, making it easy for users to connect with |
24 | | the right resources. |
25 | | (8) Medicaid coverage and resources: Information on |
26 | | Medicaid coverage for long-term care services, eligibility |
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1 | | criteria, application procedures, and available |
2 | | Medicaid-funded programs and services to support |
3 | | caregivers and care recipients. |
4 | | (9) Financial assistance: Details on financial |
5 | | assistance programs and benefits available at the State |
6 | | and federal levels, including grants, subsidies, and tax |
7 | | incentives that can ease the financial burden of |
8 | | caregiving. |
9 | | (10) Veterans' assistance: Details on veterans' |
10 | | assistance programs and benefits available at the State |
11 | | and federal levels. |
12 | | (11) Legal and planning Tools: Resources for legal |
13 | | matters related to caregiving, such as power of attorney, |
14 | | advance directives, and estate planning, and tools to help |
15 | | users create and manage caregiving plans. Services offered |
16 | | under this paragraph do not include the practice of law. |
17 | | (12) Support groups: A directory of local caregiver |
18 | | support groups and online communities where caregivers can |
19 | | connect, share experiences, and receive emotional support.
|
20 | | Section 25-15. Accessibility and user-friendliness. |
21 | | (a) The Portal shall be designed to be user-friendly and |
22 | | accessible to individuals of all ages and abilities. |
23 | | (b) The Portal shall include features such as search |
24 | | functionality, language accessibility, and compatibility with |
25 | | assistive technologies to ensure that a diverse range of |
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1 | | caregivers can use it.
|
2 | | Section 25-20. Outreach and promotion. |
3 | | (a) The Department on Aging, in consultation with the |
4 | | Department of Healthcare and Family Services, the Department |
5 | | of Public Health, the Department of Human Services, and the |
6 | | Department of Veterans' Affairs, shall undertake an outreach |
7 | | and promotional campaign to raise awareness about the Portal |
8 | | and its resources upon completion. |
9 | | (b) The campaign shall include a digital-first strategy to |
10 | | inform health care providers, social service agencies, and |
11 | | community organizations about the Portal's availability. |
12 | | (c) The campaign shall coordinate with the State-wide |
13 | | 2-1-1 Service system administered under the 2-1-1 Service Act |
14 | | in order to insure persons calling 2-1-1 telephone lines are |
15 | | directed, when appropriate, to the Portal and reciprocally to |
16 | | 2-1-1.
|
17 | | Section 25-25. Reporting and evaluation. The Department on |
18 | | Aging, in consultation with the Department of Healthcare and |
19 | | Family Services, the Department of Public Health, and the |
20 | | Department of Veterans' Affairs, shall provide an annual |
21 | | report to the General Assembly and the Governor outlining the |
22 | | usage statistics, user feedback, and any necessary |
23 | | improvements to the Portal.
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1 | | Section 25-30. Funding. Funding for the creation, |
2 | | maintenance, and promotion of the Portal shall be appropriated |
3 | | from State funding and can be matched with possible federal |
4 | | resources.
|
5 | | Section 25-35. Implementation date. The Portal shall be |
6 | | available by July 1, 2025.
|
7 | | Article 30.
|
8 | | Section 30-5. The Department of Revenue Law of the Civil |
9 | | Administrative Code of Illinois is amended by changing Section |
10 | | 2505-810 as follows:
|
11 | | (20 ILCS 2505/2505-810) |
12 | | Sec. 2505-810. Veterans Property Tax Relief Reimbursement |
13 | | Pilot Program. |
14 | | (a) Subject to appropriation, for State fiscal years that |
15 | | begin on or after July 1, 2023 and before July 1, 2028, the |
16 | | Department shall establish and administer a Veterans Property |
17 | | Tax Relief Reimbursement Pilot Program. For purposes of the |
18 | | Program, the Department shall reimburse eligible taxing |
19 | | districts, in an amount calculated under subsection (c), for |
20 | | revenue loss associated with providing homestead exemptions to |
21 | | veterans with disabilities. A taxing district is eligible for |
22 | | reimbursement under this Section if (i) application of the |
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1 | | homestead exemptions for veterans with disabilities under |
2 | | Sections 15-165 and 15-169 of the Property Tax Code results in |
3 | | a cumulative reduction of more than 2.5% in the total |
4 | | equalized assessed value of all taxable property in the taxing |
5 | | district, when compared with the total equalized assessed |
6 | | value of all taxable property in the taxing district prior to |
7 | | the application of those exemptions, for the taxable year that |
8 | | is 2 years before the start of the State fiscal year in which |
9 | | the application for reimbursement is made and (ii) the taxing |
10 | | district is located in whole or in part in a county that |
11 | | contains a United States military base. Reimbursement payments |
12 | | shall be made to the county that applies to the Department of |
13 | | Revenue on behalf of the taxing district under subsection (b) |
14 | | and shall be distributed by the county to the taxing district |
15 | | as directed by the Department of Revenue. |
16 | | (b) If the county clerk determines that one or more taxing |
17 | | districts located in whole or in part in the county qualify for |
18 | | reimbursement under this Section, then the county clerk shall |
19 | | apply to the Department of Revenue on behalf of the taxing |
20 | | district for reimbursement under this Section in the form and |
21 | | manner required by the Department. The county clerk shall |
22 | | consolidate applications submitted on behalf of more than one |
23 | | taxing district into a single application. The Department of |
24 | | Revenue may audit the information submitted by the county |
25 | | clerk as part of the application under this Section for the |
26 | | purpose of verifying the accuracy of that information. |
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1 | | (c) Subject to the maximum aggregate reimbursement amount |
2 | | set forth in this subsection, the amount of the reimbursement |
3 | | shall be as follows: |
4 | | (1) for reimbursements awarded for the fiscal year |
5 | | that begins on July 1, 2023, 50% of the product generated |
6 | | by multiplying 90% of the total dollar amount of |
7 | | exemptions granted for taxable year 2021 under Section |
8 | | 15-165 or Section 15-169 of the Property Tax Code to |
9 | | property located in the taxing district by the taxing |
10 | | district's property tax rate for taxable year 2021; and |
11 | | (2) for reimbursements awarded for fiscal years that |
12 | | begin on or after July 1, 2024 and begin before July 1, |
13 | | 2028, 100% of the product generated by multiplying 90% of |
14 | | the total dollar amount of exemptions granted for the base |
15 | | year under Section 15-165 or Section 15-169 of the |
16 | | Property Tax Code to property located in the taxing |
17 | | district by the taxing district's property tax rate for |
18 | | the base year. |
19 | | The aggregate amount of reimbursements that may be awarded |
20 | | under this Section for all taxing districts in any calendar |
21 | | year may not exceed the lesser of $30,000,000 $15,000,000 or |
22 | | the amount appropriated for the program for that calendar |
23 | | year. If the total amount of eligible reimbursements under |
24 | | this Section exceeds the lesser of $30,000,000 $15,000,000 or |
25 | | the amount appropriated for the program for that calendar |
26 | | year, then the reimbursement amount awarded to each particular |
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1 | | taxing district shall be reduced on a pro rata basis until the |
2 | | aggregate amount of reimbursements awarded under this Section |
3 | | for the calendar year does not exceed the lesser of |
4 | | $30,000,000 $15,000,000 or the amount appropriated for the |
5 | | program for the calendar year. |
6 | | (d) The Department of Revenue may adopt rules necessary |
7 | | for the implementation of this Section. |
8 | | (e) As used in this Section: |
9 | | "Base year" means the taxable year that is 2 years before |
10 | | the start of the State fiscal year in which the application for |
11 | | reimbursement is made. |
12 | | "Taxable year" means the calendar year during which |
13 | | property taxes payable in the next succeeding year are levied. |
14 | | "Taxing district" has the meaning given to that term in |
15 | | Section 1-150 of the Property Tax Code. |
16 | | (Source: P.A. 103-8, eff. 6-7-23.)
|
17 | | Article 35.
|
18 | | Section 35-5. The Illinois Horse Racing Act of 1975 is |
19 | | amended by changing Section 31 as follows:
|
20 | | (230 ILCS 5/31) (from Ch. 8, par. 37-31) |
21 | | Sec. 31. (a) The General Assembly declares that it is the |
22 | | policy of this State to encourage the breeding of standardbred |
23 | | horses in this State and the ownership of such horses by |
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1 | | residents of this State in order to provide for: sufficient |
2 | | numbers of high quality standardbred horses to participate in |
3 | | harness racing meetings in this State, and to establish and |
4 | | preserve the agricultural and commercial benefits of such |
5 | | breeding and racing industries to the State of Illinois. It is |
6 | | the intent of the General Assembly to further this policy by |
7 | | the provisions of this Section of this Act. |
8 | | (b) Each organization licensee conducting a harness racing |
9 | | meeting pursuant to this Act shall provide for at least two |
10 | | races each race program limited to Illinois conceived and |
11 | | foaled horses. A minimum of 6 races shall be conducted each |
12 | | week limited to Illinois conceived and foaled horses. No |
13 | | horses shall be permitted to start in such races unless duly |
14 | | registered under the rules of the Department of Agriculture. |
15 | | (b-5) Organization licensees, not including the Illinois |
16 | | State Fair or the DuQuoin State Fair, shall provide stake |
17 | | races and early closer races for Illinois conceived and foaled |
18 | | horses so that purses distributed for such races shall be no |
19 | | less than 17% of total purses distributed for harness racing |
20 | | in that calendar year in addition to any stakes payments and |
21 | | starting fees contributed by horse owners. |
22 | | (b-10) Each organization licensee conducting a harness |
23 | | racing meeting pursuant to this Act shall provide an owner |
24 | | award to be paid from the purse account equal to 12% of the |
25 | | amount earned by Illinois conceived and foaled horses |
26 | | finishing in the first 3 positions in races that are not |
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1 | | restricted to Illinois conceived and foaled horses. The owner |
2 | | awards shall not be paid on races below the $10,000 claiming |
3 | | class. |
4 | | (c) Conditions of races under subsection (b) shall be |
5 | | commensurate with past performance, quality , and class of |
6 | | Illinois conceived and foaled horses available. If, however, |
7 | | sufficient competition cannot be had among horses of that |
8 | | class on any day, the races may, with consent of the Board, be |
9 | | eliminated for that day and substitute races provided. |
10 | | (d) There is hereby created a special fund of the State |
11 | | treasury Treasury to be known as the Illinois Standardbred |
12 | | Breeders Fund. Beginning on June 28, 2019 (the effective date |
13 | | of Public Act 101-31), the Illinois Standardbred Breeders Fund |
14 | | shall become a non-appropriated trust fund held separate and |
15 | | apart from State moneys. Expenditures from this Fund shall no |
16 | | longer be subject to appropriation. |
17 | | During the calendar year 1981, and each year thereafter, |
18 | | except as provided in subsection (g) of Section 27 of this Act, |
19 | | eight and one-half per cent of all the monies received by the |
20 | | State as privilege taxes on harness racing meetings shall be |
21 | | paid into the Illinois Standardbred Breeders Fund. |
22 | | (e) Notwithstanding any provision of law to the contrary, |
23 | | amounts deposited into the Illinois Standardbred Breeders Fund |
24 | | from revenues generated by gaming pursuant to an organization |
25 | | gaming license issued under the Illinois Gambling Act after |
26 | | June 28, 2019 (the effective date of Public Act 101-31) shall |
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1 | | be in addition to tax and fee amounts paid under this Section |
2 | | for calendar year 2019 and thereafter. The Illinois |
3 | | Standardbred Breeders Fund shall be administered by the |
4 | | Department of Agriculture with the assistance and advice of |
5 | | the Advisory Board created in subsection (f) of this Section. |
6 | | (f) The Illinois Standardbred Breeders Fund Advisory Board |
7 | | is hereby created. The Advisory Board shall consist of the |
8 | | Director of the Department of Agriculture, who shall serve as |
9 | | Chairman; the Superintendent of the Illinois State Fair; a |
10 | | member of the Illinois Racing Board, designated by it; a |
11 | | representative of the largest association of Illinois |
12 | | standardbred owners and breeders, recommended by it; a |
13 | | representative of a statewide association representing |
14 | | agricultural fairs in Illinois, recommended by it, such |
15 | | representative to be from a fair at which Illinois conceived |
16 | | and foaled racing is conducted; a representative of the |
17 | | organization licensees conducting harness racing meetings, |
18 | | recommended by them; a representative of the Breeder's |
19 | | Committee of the association representing the largest number |
20 | | of standardbred owners, breeders, trainers, caretakers, and |
21 | | drivers, recommended by it; and a representative of the |
22 | | association representing the largest number of standardbred |
23 | | owners, breeders, trainers, caretakers, and drivers, |
24 | | recommended by it. Advisory Board members shall serve for 2 |
25 | | years commencing January 1 of each odd numbered year. If |
26 | | representatives of the largest association of Illinois |
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1 | | standardbred owners and breeders, a statewide association of |
2 | | agricultural fairs in Illinois, the association representing |
3 | | the largest number of standardbred owners, breeders, trainers, |
4 | | caretakers, and drivers, a member of the Breeder's Committee |
5 | | of the association representing the largest number of |
6 | | standardbred owners, breeders, trainers, caretakers, and |
7 | | drivers, and the organization licensees conducting harness |
8 | | racing meetings have not been recommended by January 1 of each |
9 | | odd numbered year, the Director of the Department of |
10 | | Agriculture shall make an appointment for the organization |
11 | | failing to so recommend a member of the Advisory Board. |
12 | | Advisory Board members shall receive no compensation for their |
13 | | services as members but shall be reimbursed for all actual and |
14 | | necessary expenses and disbursements incurred in the execution |
15 | | of their official duties. |
16 | | (g) Monies expended from the Illinois Standardbred |
17 | | Breeders Fund shall be expended by the Department of |
18 | | Agriculture, with the assistance and advice of the Illinois |
19 | | Standardbred Breeders Fund Advisory Board for the following |
20 | | purposes only: |
21 | | 1. To provide purses for races limited to Illinois |
22 | | conceived and foaled horses at the State Fair and the |
23 | | DuQuoin State Fair. |
24 | | 2. To provide purses for races limited to Illinois |
25 | | conceived and foaled horses at county fairs. |
26 | | 3. To provide purse supplements for races limited to |
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1 | | Illinois conceived and foaled horses conducted by |
2 | | associations conducting harness racing meetings. |
3 | | 4. No less than 75% of all monies in the Illinois |
4 | | Standardbred Breeders Fund shall be expended for purses in |
5 | | 1, 2, and 3 as shown above. |
6 | | 5. In the discretion of the Department of Agriculture |
7 | | to provide awards to harness breeders of Illinois |
8 | | conceived and foaled horses which win races conducted by |
9 | | organization licensees conducting harness racing meetings. |
10 | | A breeder is the owner of a mare at the time of conception. |
11 | | No more than 10% of all moneys transferred into the |
12 | | Illinois Standardbred Breeders Fund shall be expended for |
13 | | such harness breeders awards. No more than 25% of the |
14 | | amount expended for harness breeders awards shall be |
15 | | expended for expenses incurred in the administration of |
16 | | such harness breeders awards. |
17 | | 6. To pay for the improvement of racing facilities |
18 | | located at the State Fair and County fairs. |
19 | | 7. To pay the expenses incurred in the administration |
20 | | of the Illinois Standardbred Breeders Fund. |
21 | | 8. To promote the sport of harness racing, including |
22 | | grants up to a maximum of $7,500 per fair per year for |
23 | | conducting pari-mutuel wagering during the advertised |
24 | | dates of a county fair. |
25 | | 9. To pay up to $50,000 annually for the Department of |
26 | | Agriculture to conduct drug testing at county fairs racing |
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1 | | standardbred horses. |
2 | | (h) The Illinois Standardbred Breeders Fund is not subject |
3 | | to administrative charges or chargebacks, including, but not |
4 | | limited to, those authorized under Section 8h of the State |
5 | | Finance Act. |
6 | | (i) A sum equal to 13% of the first prize money of the |
7 | | gross purse won by an Illinois conceived and foaled horse |
8 | | shall be paid 50% by the organization licensee conducting the |
9 | | horse race meeting to the breeder of such winning horse from |
10 | | the organization licensee's account and 50% from the purse |
11 | | account of the licensee. Such payment shall not reduce any |
12 | | award to the owner of the horse or reduce the taxes payable |
13 | | under this Act. Such payment shall be delivered by the |
14 | | organization licensee at the end of each quarter. |
15 | | (j) The Department of Agriculture shall, by rule, with the |
16 | | assistance and advice of the Illinois Standardbred Breeders |
17 | | Fund Advisory Board: |
18 | | 1. Qualify stallions for Illinois Standardbred |
19 | | Breeders Fund breeding. Such stallion shall stand for |
20 | | service at and within the State of Illinois at the time of |
21 | | a foal's conception, and such stallion must not stand for |
22 | | service at any place outside the State of Illinois during |
23 | | that calendar year in which the foal is conceived. |
24 | | However, on and after January 1, 2018, semen from an |
25 | | Illinois stallion may be transported outside the State of |
26 | | Illinois. |
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1 | | 2. Provide for the registration of Illinois conceived |
2 | | and foaled horses and no such horse shall compete in the |
3 | | races limited to Illinois conceived and foaled horses |
4 | | unless registered with the Department of Agriculture. The |
5 | | Department of Agriculture may prescribe such forms as may |
6 | | be necessary to determine the eligibility of such horses. |
7 | | No person shall knowingly prepare or cause preparation of |
8 | | an application for registration of such foals containing |
9 | | false information. A mare (dam) must be in the State at |
10 | | least 30 days prior to foaling or remain in the State at |
11 | | least 30 days at the time of foaling. However, the |
12 | | requirement that a mare (dam) must be in the State at least |
13 | | 30 days before foaling or remain in the State at least 30 |
14 | | days at the time of foaling shall not be in effect from |
15 | | January 1, 2018 until January 1, 2022. Beginning with the |
16 | | 1996 breeding season and for foals of 1997 and thereafter, |
17 | | a foal conceived by transported semen may be eligible for |
18 | | Illinois conceived and foaled registration provided all |
19 | | breeding and foaling requirements are met. The stallion |
20 | | must be qualified for Illinois Standardbred Breeders Fund |
21 | | breeding at the time of conception. The foal must be |
22 | | dropped in Illinois and properly registered with the |
23 | | Department of Agriculture in accordance with this Act. |
24 | | However, from January 1, 2018 until January 1, 2022, the |
25 | | requirement for a mare to be inseminated within the State |
26 | | of Illinois and the requirement for a foal to be dropped in |
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1 | | Illinois are inapplicable. |
2 | | 3. Provide that at least a 5-day racing program shall |
3 | | be conducted at the State Fair each year, unless an |
4 | | alternate racing program is requested by the Illinois |
5 | | Standardbred Breeders Fund Advisory Board, which program |
6 | | shall include at least the following races limited to |
7 | | Illinois conceived and foaled horses: (a) a 2-year-old |
8 | | Trot and Pace, and Filly Division of each; (b) a |
9 | | 3-year-old Trot and Pace, and Filly Division of each; (c) |
10 | | an aged Trot and Pace, and Mare Division of each. |
11 | | 4. Provide for the payment of nominating, sustaining , |
12 | | and starting fees for races promoting the sport of harness |
13 | | racing and for the races to be conducted at the State Fair |
14 | | as provided in paragraph subsection (j) 3 of this |
15 | | subsection Section provided that the nominating, |
16 | | sustaining , and starting payment required from an entrant |
17 | | shall not exceed 2% of the purse of such race. All |
18 | | nominating, sustaining , and starting payments shall be |
19 | | held for the benefit of entrants and shall be paid out as |
20 | | part of the respective purses for such races. Nominating, |
21 | | sustaining , and starting fees shall be held in trust |
22 | | accounts for the purposes as set forth in this Act and in |
23 | | accordance with Section 205-15 of the Department of |
24 | | Agriculture Law. |
25 | | 5. Provide for the registration with the Department of |
26 | | Agriculture of Colt Associations or county fairs desiring |
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1 | | to sponsor races at county fairs. |
2 | | 6. Provide for the promotion of producing standardbred |
3 | | racehorses by providing a bonus award program for owners |
4 | | of 2-year-old horses that win multiple major stakes races |
5 | | that are limited to Illinois conceived and foaled horses. |
6 | | (k) The Department of Agriculture, with the advice and |
7 | | assistance of the Illinois Standardbred Breeders Fund Advisory |
8 | | Board, may allocate monies for purse supplements for such |
9 | | races. In determining whether to allocate money and the |
10 | | amount, the Department of Agriculture shall consider factors, |
11 | | including, but not limited to, the amount of money transferred |
12 | | into the Illinois Standardbred Breeders Fund, the number of |
13 | | races that may occur, and an organization licensee's purse |
14 | | structure. The organization licensee shall notify the |
15 | | Department of Agriculture of the conditions and minimum purses |
16 | | for races limited to Illinois conceived and foaled horses to |
17 | | be conducted by each organization licensee conducting a |
18 | | harness racing meeting for which purse supplements have been |
19 | | negotiated. |
20 | | (l) All races held at county fairs and the State Fair which |
21 | | receive funds from the Illinois Standardbred Breeders Fund |
22 | | shall be conducted in accordance with the rules of the United |
23 | | States Trotting Association unless otherwise modified by the |
24 | | Department of Agriculture. |
25 | | (m) At all standardbred race meetings held or conducted |
26 | | under authority of a license granted by the Board, and at all |
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1 | | standardbred races held at county fairs which are approved by |
2 | | the Department of Agriculture or at the Illinois or DuQuoin |
3 | | State Fairs, no one shall jog, train, warm up , or drive a |
4 | | standardbred horse unless he or she is wearing a protective |
5 | | safety helmet, with the chin strap fastened and in place, |
6 | | which meets the standards and requirements as set forth in the |
7 | | 1984 Standard for Protective Headgear for Use in Harness |
8 | | Racing and Other Equestrian Sports published by the Snell |
9 | | Memorial Foundation, or any standards and requirements for |
10 | | headgear the Illinois Racing Board may approve. Any other |
11 | | standards and requirements so approved by the Board shall |
12 | | equal or exceed those published by the Snell Memorial |
13 | | Foundation. Any equestrian helmet bearing the Snell label |
14 | | shall be deemed to have met those standards and requirements. |
15 | | (n) In addition to any other transfer that may be provided |
16 | | for by law, as soon as practical after the effective date of |
17 | | the changes made to this Section by this amendatory Act of the |
18 | | 103rd General Assembly, but no later than July 3, 2024 the |
19 | | State Comptroller shall direct and the State Treasurer shall |
20 | | transfer the sum of $2,000,000 from the Fair and Exposition |
21 | | Fund to the Illinois Standardbred Breeders Fund. |
22 | | (Source: P.A. 102-558, eff. 8-20-21; 102-689, eff. 12-17-21; |
23 | | 103-8, eff. 6-7-23; revised 9-26-23.)
|
24 | | Article 40.
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1 | | Section 40-5. The University of Illinois Act is amended by |
2 | | adding Section 180 as follows:
|
3 | | (110 ILCS 305/180 new) |
4 | | Sec. 180. Innovation center. The Board of Trustees, |
5 | | directly or in cooperation with the University of Illinois at |
6 | | Springfield Innovation Center partners, which shall consist of |
7 | | other institutions of higher education, not-for-profit |
8 | | organizations, businesses, and local governments, may finance, |
9 | | design, construct, enlarge, improve, equip, complete, operate, |
10 | | control, and manage a University of Illinois at Springfield |
11 | | Innovation Center (UIS Innovation Center), which is a facility |
12 | | or facilities dedicated to fostering and supporting innovation |
13 | | in academics, entrepreneurship, workforce development, policy |
14 | | development, and non-profit or philanthropic activities. |
15 | | Notwithstanding any other provision of law, the UIS Innovation |
16 | | Center (1) may be located on land owned by the Board of |
17 | | Trustees or a University of Illinois at Springfield Innovation |
18 | | Center partner; and (2) shall have costs incurred in |
19 | | connection with the design, construction, enlargement, |
20 | | improvement, equipping, and completion of the business |
21 | | incubation and innovation facilities paid with funds |
22 | | appropriated to the Capital Development Board from the Build |
23 | | Illinois Bond Fund for a grant to the Board of Trustees for the |
24 | | UIS Innovation Center. If the UIS Innovation Center is located |
25 | | on land owned by a University of Illinois at Springfield |
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1 | | Innovation Center partner, the Board of Trustees must have an |
2 | | ownership interest in the facility or facilities or a portion |
3 | | thereof. An ownership interest shall bear a reasonable |
4 | | relationship to the proportional share of the costs paid by |
5 | | such grant funds for a term equal to at least the useful life |
6 | | of the innovation facilities.
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7 | | Article 45.
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8 | | Section 45-5. The Childhood Hunger Relief Act is amended |
9 | | by changing Section 15 and by adding Section 18 as follows:
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10 | | (105 ILCS 126/15) |
11 | | Sec. 15. School breakfast program. |
12 | | (a) The board of education of each school district in this |
13 | | State shall implement and operate a school breakfast program |
14 | | in the next school year, if a breakfast program does not |
15 | | currently exist, in accordance with federal guidelines in each |
16 | | school building within its district in which at least 40% or |
17 | | more of the students are eligible for free or reduced-price |
18 | | lunches based upon the current year's October claim (for those |
19 | | schools that participate in the National School Lunch Program) |
20 | | or in which at least 40% or more of the students are classified |
21 | | as low-income according to the Fall Housing Data from the |
22 | | previous year (for those schools that do not participate in |
23 | | the National School Lunch Program). |
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1 | | (b) School districts may charge students who do not meet |
2 | | federal criteria for free school meals for the breakfasts |
3 | | served to these students within the allowable limits set by |
4 | | federal regulations. |
5 | | (c) School breakfast programs established under this |
6 | | Section shall be supported entirely by federal funds and |
7 | | commodities, charges to students and other participants, and |
8 | | other available State and local resources, including under the |
9 | | School Breakfast and Lunch Program Act. Allowable costs for |
10 | | reimbursement to school districts, in accordance with the |
11 | | United States Department of Agriculture, include compensation |
12 | | of employees for the time devoted and identified specifically |
13 | | to implement the school breakfast program; the cost of |
14 | | materials acquired, consumed, or expended specifically to |
15 | | implement the school breakfast program; equipment and other |
16 | | approved capital expenditures necessary to implement the |
17 | | school breakfast program; and transportation expenses incurred |
18 | | specifically to implement and operate the school breakfast |
19 | | program. |
20 | | (d) A school district shall be allowed to opt out a school |
21 | | or schools from the school breakfast program requirement of |
22 | | this Section if it is determined that, due to circumstances |
23 | | specific to that school district, the expense reimbursement |
24 | | would not fully cover the costs of implementing and operating |
25 | | a school breakfast program. The school district shall petition |
26 | | its regional superintendent of schools by February 15 of each |
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1 | | year to request to be exempt from operating the school |
2 | | breakfast program in the school or schools in the next school |
3 | | year. The petition shall include all legitimate costs |
4 | | associated with implementing and operating a school breakfast |
5 | | program, the estimated reimbursement from State and federal |
6 | | sources, and any unique circumstances the school district can |
7 | | verify that exist that would cause the implementation and |
8 | | operation of such a program to be cost prohibitive. |
9 | | The regional superintendent of schools shall review the |
10 | | petition. In accordance with the Open Meetings Act, he or she |
11 | | shall convene a public hearing to hear testimony from the |
12 | | school district and interested community members. The regional |
13 | | superintendent shall, by March 15 of each year, inform the |
14 | | school district of his or her decision, along with the reasons |
15 | | why the exemption was granted or denied, in writing. The |
16 | | regional superintendent must also send notification to the |
17 | | State Board of Education detailing which schools requested an |
18 | | exemption and the results. If the regional superintendent |
19 | | grants an exemption to the school district, then the school |
20 | | district is relieved from the requirement to establish and |
21 | | implement a school breakfast program in the school or schools |
22 | | granted an exemption for the next school year. |
23 | | If the regional superintendent of schools does not grant |
24 | | an exemption, then the school district shall implement and |
25 | | operate a school breakfast program in accordance with this |
26 | | Section by the first student attendance day of the next school |
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1 | | year. However, the school district or a resident of the school |
2 | | district may by April 15 appeal the decision of the regional |
3 | | superintendent to the State Superintendent of Education. The |
4 | | State Superintendent shall hear appeals on the decisions of |
5 | | regional superintendents of schools no later than May 15 of |
6 | | each year. The State Superintendent shall make a final |
7 | | decision at the conclusion of the hearing on the school |
8 | | district's request for an exemption from the school breakfast |
9 | | program requirement. If the State Superintendent grants an |
10 | | exemption, then the school district is relieved from the |
11 | | requirement to implement and operate a school breakfast |
12 | | program in the school or schools granted an exemption for the |
13 | | next school year. If the State Superintendent does not grant |
14 | | an exemption, then the school district shall implement and |
15 | | operate a school breakfast program in accordance with this |
16 | | Section by the first student attendance day of the next school |
17 | | year. |
18 | | A school district may not attempt to opt out a school or |
19 | | schools from the school breakfast program requirement of this |
20 | | Section by requesting a waiver under Section 2-3.25g of the |
21 | | School Code. |
22 | | (e) For all schools operating a school breakfast program, |
23 | | the State Board of Education shall collect information about |
24 | | whether the school is operating a breakfast after the bell |
25 | | program under Section 16 and, if so, what breakfast after the |
26 | | bell model the school operates, including breakfast in the |
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1 | | classroom, second chance breakfast, and grab and go breakfast. |
2 | | The State Board of Education shall make this data publicly |
3 | | available annually. |
4 | | (Source: P.A. 96-158, eff. 8-7-09.)
|
5 | | (105 ILCS 126/18 new) |
6 | | Sec. 18. Breakfast after the bell grant program. |
7 | | (a) Subject to appropriation, the State Board of Education |
8 | | shall award grants of up to $7,000 per school site on a |
9 | | competitive basis to eligible schools, school districts, or |
10 | | entities approved by the State Board of Education for |
11 | | nonrecurring expenses incurred in initiating a school |
12 | | breakfast program under Section 16. |
13 | | Grants awarded under this Section shall be used for |
14 | | nonrecurring costs of initiating a breakfast after the bell |
15 | | program, including, but not limited to, the acquisition of |
16 | | equipment, training of staff in new capacities, outreach |
17 | | efforts to publicize new or expanded school breakfast |
18 | | programs, minor alterations to accommodate new equipment, |
19 | | computer point-of-service systems for food service, and the |
20 | | purchase of vehicles for transporting food to schools. |
21 | | (b) In making grant awards under this Section, the State |
22 | | Board of Education shall give a preference to grant applicants |
23 | | that do all of the following: |
24 | | (1) Submit to the State Board of Education a plan to |
25 | | start or expand school breakfast programs in the school |
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1 | | district or the educational service region, including a |
2 | | description of the following: |
3 | | (A) a description of each eligible school site's |
4 | | breakfast program under Section 16, including which |
5 | | school and school district stakeholders have been |
6 | | engaged in the development of the program, including |
7 | | but not limited to superintendent, principal, business |
8 | | manager, school food service personnel, school nurse, |
9 | | teachers, and janitorial staff; |
10 | | (B) a budget outlining the nonrecurring expenses |
11 | | needed to initiate a program at each school site; and |
12 | | (C) any public or private resources that have been |
13 | | assembled to carry out expansion of school breakfast |
14 | | programs during the school year. |
15 | | (2) Agree to operate a school breakfast program under |
16 | | Section 16 for a period of not less than 3 school years. |
17 | | (3) Have higher rates of free or reduced-price |
18 | | eligible students.
|
19 | | Article 99.
|
20 | | Section 99-97. Severability. The provisions of this Act |
21 | | are severable under Section 1.31 of the Statute on Statutes.
|
22 | | Section 99-99. Effective date. This Act takes effect upon |
23 | | becoming law, except that Sections 3-15, 3-20, 3-25, 3-27, |