Bill Text: IL HB4090 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Unbalanced Budget Response Act. Provides authority and procedures for the Governor to establish contingency reserves of previously appropriated funds, and to transfer balances between special funds in the State treasury and the General Revenue Fund. Describes the agencies and programs subject to this authority. Provides that designated agencies may adopt emergency rules to carry out the purposes of the Act. Defines terms. Provides that the Act is repealed on July 1, 2022. Amends the Illinois Administrative Procedure Act to make conforming changes. Amends the Illinois Public Aid Code. Adds actions taken under the Unbalanced Budget Response Act to a Section relating to applicability. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-16 - Referred to Rules Committee [HB4090 Detail]

Download: Illinois-2019-HB4090-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4090 Introduced , by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 100/5-45 from Ch. 127, par. 1005-45
305 ILCS 5/5A-10 from Ch. 23, par. 5A-10
30 ILCS 805/8.44 new
Creates the Unbalanced Budget Response Act. Provides authority and procedures for the Governor to establish contingency reserves of previously appropriated funds, and to transfer balances between special funds in the State treasury and the General Revenue Fund. Describes the agencies and programs subject to this authority. Provides that designated agencies may adopt emergency rules to carry out the purposes of the Act. Defines terms. Provides that the Act is repealed on July 1, 2022. Amends the Illinois Administrative Procedure Act to make conforming changes. Amends the Illinois Public Aid Code. Adds actions taken under the Unbalanced Budget Response Act to a Section relating to applicability. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.
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A BILL FOR
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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Unbalanced Budget Response Act.
Section 5. Legislative intent. The State is currently
confronted with an unprecedented fiscal crisis. Although the
Constitution of the State of Illinois requires that spending
not exceed available revenues, the State is currently spending
in excess of estimated revenues, which is significantly
increasing the backlog of unpaid bills. Without substantial
corrective action taken by the General Assembly, the budget
will also be unbalanced. This Act is to be liberally construed
and interpreted in a manner that allows the State to address
the fiscal crisis.
Section 10. Definitions. As used in this Act, "agency"
includes all officers, boards, commissions, departments, and
agencies of the executive branch of the State government
created by the Constitution, statute, or Executive Order,
including, but not limited to, public institutions of higher
education (as defined in the Board of Higher Education Act).

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Section 15. Designation of contingency reserves. For the
purposes of balancing the State's budget, the Governor may
designate, by written notice to the Comptroller, a contingency
reserve from the amounts appropriated from funds held by the
Treasurer for the State's fiscal years 2021 and 2022 to any
agency, including without limitation amounts appropriated
pursuant to a statutory continuing appropriation; provided,
however, that the Governor may not designate amounts to be set
aside as a contingency reserve from amounts that have been
appropriated for (i) payment of debt service, (ii) to the State
Board of Education for evidence-based model formula funds to
the common schools pursuant to Section 18-8.15 of the School
Code, or (iii) to the State Board of Education for grants or
aid for early childhood education.
Section 20. Fund transfers. Notwithstanding any other
provision of law, for the State's fiscal years 2021 and 2022:
(a) at the direction of and upon notification from the
Governor, the Comptroller shall direct and the Treasurer shall
transfer an amount specified by the Governor from any fund held
by the Treasurer to any general fund held by the Treasurer;
provided, however, that no transfer may be made out of: (i) any
federal trust fund; (ii) any amount set aside for payment of
debt service; (iii) amounts held in investments or cash by the
State retirement systems governed by Articles 2, 14, 15, 16, or
18 of the Illinois Pension Code; or (iv) the Road Fund; and

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(b) the Governor, by written notice to the Comptroller, may
modify statutory transfers out of any fund held by the
Treasurer, and the Comptroller and the Treasurer shall give
effect to any such modification; provided, however, that no
modification may be made to statutory transfers out of a
general fund (i) for payment of debt service, or (ii) to the
Road Fund.
No transfer made pursuant to this Section may reduce the
cumulative balance of all of the funds held by the Treasurer to
an amount less than the total debt service payable during the
12 months immediately following the date of the transfer on any
bonded indebtedness of the State and any certificates issued
under the Short Term Borrowing Act. If the Director of the
Governor's Office of Management and Budget determines that any
transfer to the general funds from any of the funds from which
moneys have been transferred under this Section either (i)
jeopardizes federal funding based on a written communication
from a federal official or (ii) violates an order of a court of
competent jurisdiction, then the Director may order the
Treasurer and Comptroller, in writing, to transfer from the
General Revenue Fund to that fund all or part of the amounts
transferred from that fund under this Section.
Section 25. Payment rate modifications. Notwithstanding
any other provision of law, for the State's fiscal years 2021
and 2022, the Governor may modify any rate for payments made by

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an agency to providers of services.
Section 30. Limitations; notice.
(a) The sum of contingency reserves designated pursuant to
Section 15, transfers made pursuant to subsection (a) of
Section 20, modifications to transfers pursuant to subsection
(b) of Section 20, savings to be realized by the State due to
payment rate modifications pursuant to Section 25, and the
value of payments delayed pursuant to Section 35 shall not
exceed for each fiscal year the amount by which total State
spending for that fiscal year is estimated to exceed available
revenues for that fiscal year, as determined by the Governor's
Office of Management and Budget.
(b) The Governor shall provide notice of each contingency
reserve designated pursuant to Section 15, transfer made
pursuant to subsection (a) of Section 20, modification to
transfers pursuant to subsection (b) of Section 20, payment
rate modification pursuant to Section 25, and direction to
delay payments pursuant to Section 35 within 10 business days
after the action is taken to the Clerk of the House of
Representatives, the Secretary of the Senate, the Commission on
Government Forecasting and Accountability, the Comptroller,
and the Treasurer. A copy of such notices, or a cumulative
summary of the actions taken, shall be posted on a public
website maintained by the Governor's Office of Management and
Budget.

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Section 35. Delay in payments under continuing
appropriations. Notwithstanding any other law, payments under
any statutory continuing appropriation for the State's fiscal
years 2021 and 2022 may be delayed upon written direction of
the Governor to the Comptroller, provided however that the
Governor may not direct any delay in the payment of debt
service. Notwithstanding any provision of the State Finance Act
or other law to the contrary, any payment delayed under this
Section may be paid out of the next fiscal year's
appropriation.
Section 40. Emergency rules. Notwithstanding any other
provision of law, the Department on Aging, the Department of
Children and Family Services, the Department of Healthcare and
Family Services, the Department of Human Services, and the
Department of Public Health may each adopt emergency rules
pursuant to subsection (rr) of Section 5-45 of the Illinois
Administrative Procedure Act to limit, reduce, or adjust
services, payment rates, expenditures, transfers of funds, and
eligibility criteria, to the extent permitted by federal law,
as necessary to implement (i) the State's fiscal years 2021 and
2022 budgets, (ii) any contingency reserves designated by the
Governor pursuant to Section 15, (iii) any transfer of balances
or modification of statutory transfers pursuant to Section 20
affecting State funds designated for use by the agency, or (iv)

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modifications made by the Governor pursuant to Section 25. The
effectiveness of any such emergency rule, and any such
adjustment, reduction, or limitation made pursuant thereto,
shall expire on July 1, 2022. Nothing in this Section shall
require rulemaking if the limitation, reduction, or adjustment
would otherwise be within the authority of the agency without
rulemaking.
Section 45. Repeal. This Act is repealed on July 1, 2022.
Section 105. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other

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court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule
becomes effective immediately upon filing under Section 5-65 or
at a stated date less than 10 days thereafter. The agency's
finding and a statement of the specific reasons for the finding
shall be filed with the rule. The agency shall take reasonable
and appropriate measures to make emergency rules known to the
persons who may be affected by them.
(c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24-month
period, except that this limitation on the number of emergency
rules that may be adopted in a 24-month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management
Facilities Act, (iii) emergency rules adopted by the Illinois
Department of Public Health under subsections (a) through (i)
of Section 2 of the Department of Public Health Act when
necessary to protect the public's health, (iv) emergency rules
adopted pursuant to subsection (n) of this Section, (v)

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emergency rules adopted pursuant to subsection (o) of this
Section, or (vi) emergency rules adopted pursuant to subsection
(c-5) of this Section, or (vii) emergency rules adopted
pursuant to subsection (rr) of this Section. Two or more
emergency rules having substantially the same purpose and
effect shall be deemed to be a single rule for purposes of this
Section.
(c-5) To facilitate the maintenance of the program of group
health benefits provided to annuitants, survivors, and retired
employees under the State Employees Group Insurance Act of
1971, rules to alter the contributions to be paid by the State,
annuitants, survivors, retired employees, or any combination
of those entities, for that program of group health benefits,
shall be adopted as emergency rules. The adoption of those
rules shall be considered an emergency and necessary for the
public interest, safety, and welfare.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act 90-587
or 90-588 or any other budget initiative for fiscal year 1999
may be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (d). The
adoption of emergency rules authorized by this subsection (d)

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shall be deemed to be necessary for the public interest,
safety, and welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of Public Act 91-24
or any other budget initiative for fiscal year 2000 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (e). The adoption of
emergency rules authorized by this subsection (e) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of Public Act 91-712
or any other budget initiative for fiscal year 2001 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (f). The adoption of
emergency rules authorized by this subsection (f) shall be
deemed to be necessary for the public interest, safety, and
welfare.

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(g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of Public Act 92-10
or any other budget initiative for fiscal year 2002 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (g). The adoption of
emergency rules authorized by this subsection (g) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of Public Act 92-597
or any other budget initiative for fiscal year 2003 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (h). The adoption of
emergency rules authorized by this subsection (h) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,

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emergency rules to implement any provision of Public Act 93-20
or any other budget initiative for fiscal year 2004 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (i). The adoption of
emergency rules authorized by this subsection (i) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public Aid
may also adopt rules under this subsection (j) necessary to
administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.

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(k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of
Public Act 94-48 or any other budget initiative for fiscal year
2006 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative, except that the 24-month limitation on the adoption
of emergency rules and the provisions of Sections 5-115 and
5-125 do not apply to rules adopted under this subsection (k).
The Department of Healthcare and Family Services may also adopt
rules under this subsection (k) necessary to administer the
Illinois Public Aid Code, the Senior Citizens and Persons with
Disabilities Property Tax Relief Act, the Senior Citizens and
Disabled Persons Prescription Drug Discount Program Act (now
the Illinois Prescription Drug Discount Program Act), and the
Children's Health Insurance Program Act. The adoption of
emergency rules authorized by this subsection (k) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(l) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including
rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to

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the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
(m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
(n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2010 budget, emergency rules to implement any provision of
Public Act 96-45 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2010 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of

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emergency rules authorized by this subsection (n) shall be
deemed to be necessary for the public interest, safety, and
welfare. The rulemaking authority granted in this subsection
(n) shall apply only to rules promulgated during Fiscal Year
2010.
(o) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of
Public Act 96-958 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2011 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (o) is deemed to
be necessary for the public interest, safety, and welfare. The
rulemaking authority granted in this subsection (o) applies
only to rules promulgated on or after July 1, 2010 (the
effective date of Public Act 96-958) through June 30, 2011.
(p) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 97-689,
emergency rules to implement any provision of Public Act 97-689
may be adopted in accordance with this subsection (p) by the
agency charged with administering that provision or
initiative. The 150-day limitation of the effective period of
emergency rules does not apply to rules adopted under this
subsection (p), and the effective period may continue through
June 30, 2013. The 24-month limitation on the adoption of

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emergency rules does not apply to rules adopted under this
subsection (p). The adoption of emergency rules authorized by
this subsection (p) is deemed to be necessary for the public
interest, safety, and welfare.
(q) In order to provide for the expeditious and timely
implementation of the provisions of Articles 7, 8, 9, 11, and
12 of Public Act 98-104, emergency rules to implement any
provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
may be adopted in accordance with this subsection (q) by the
agency charged with administering that provision or
initiative. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (q). The adoption of emergency rules authorized by
this subsection (q) is deemed to be necessary for the public
interest, safety, and welfare.
(r) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 98-651,
emergency rules to implement Public Act 98-651 may be adopted
in accordance with this subsection (r) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (r). The adoption of emergency rules
authorized by this subsection (r) is deemed to be necessary for
the public interest, safety, and welfare.
(s) In order to provide for the expeditious and timely
implementation of the provisions of Sections 5-5b.1 and 5A-2 of

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the Illinois Public Aid Code, emergency rules to implement any
provision of Section 5-5b.1 or Section 5A-2 of the Illinois
Public Aid Code may be adopted in accordance with this
subsection (s) by the Department of Healthcare and Family
Services. The rulemaking authority granted in this subsection
(s) shall apply only to those rules adopted prior to July 1,
2015. Notwithstanding any other provision of this Section, any
emergency rule adopted under this subsection (s) shall only
apply to payments made for State fiscal year 2015. The adoption
of emergency rules authorized by this subsection (s) is deemed
to be necessary for the public interest, safety, and welfare.
(t) In order to provide for the expeditious and timely
implementation of the provisions of Article II of Public Act
99-6, emergency rules to implement the changes made by Article
II of Public Act 99-6 to the Emergency Telephone System Act may
be adopted in accordance with this subsection (t) by the
Department of State Police. The rulemaking authority granted in
this subsection (t) shall apply only to those rules adopted
prior to July 1, 2016. The 24-month limitation on the adoption
of emergency rules does not apply to rules adopted under this
subsection (t). The adoption of emergency rules authorized by
this subsection (t) is deemed to be necessary for the public
interest, safety, and welfare.
(u) In order to provide for the expeditious and timely
implementation of the provisions of the Burn Victims Relief
Act, emergency rules to implement any provision of the Act may

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be adopted in accordance with this subsection (u) by the
Department of Insurance. The rulemaking authority granted in
this subsection (u) shall apply only to those rules adopted
prior to December 31, 2015. The adoption of emergency rules
authorized by this subsection (u) is deemed to be necessary for
the public interest, safety, and welfare.
(v) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-516,
emergency rules to implement Public Act 99-516 may be adopted
in accordance with this subsection (v) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (v). The adoption of emergency rules
authorized by this subsection (v) is deemed to be necessary for
the public interest, safety, and welfare.
(w) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-796,
emergency rules to implement the changes made by Public Act
99-796 may be adopted in accordance with this subsection (w) by
the Adjutant General. The adoption of emergency rules
authorized by this subsection (w) is deemed to be necessary for
the public interest, safety, and welfare.
(x) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-906,
emergency rules to implement subsection (i) of Section 16-115D,
subsection (g) of Section 16-128A, and subsection (a) of

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Section 16-128B of the Public Utilities Act may be adopted in
accordance with this subsection (x) by the Illinois Commerce
Commission. The rulemaking authority granted in this
subsection (x) shall apply only to those rules adopted within
180 days after June 1, 2017 (the effective date of Public Act
99-906). The adoption of emergency rules authorized by this
subsection (x) is deemed to be necessary for the public
interest, safety, and welfare.
(y) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-23,
emergency rules to implement the changes made by Public Act
100-23 to Section 4.02 of the Illinois Act on the Aging,
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
Section 55-30 of the Alcoholism and Other Drug Abuse and
Dependency Act, and Sections 74 and 75 of the Mental Health and
Developmental Disabilities Administrative Act may be adopted
in accordance with this subsection (y) by the respective
Department. The adoption of emergency rules authorized by this
subsection (y) is deemed to be necessary for the public
interest, safety, and welfare.
(z) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-554,
emergency rules to implement the changes made by Public Act
100-554 to Section 4.7 of the Lobbyist Registration Act may be
adopted in accordance with this subsection (z) by the Secretary
of State. The adoption of emergency rules authorized by this

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subsection (z) is deemed to be necessary for the public
interest, safety, and welfare.
(aa) In order to provide for the expeditious and timely
initial implementation of the changes made to Articles 5, 5A,
12, and 14 of the Illinois Public Aid Code under the provisions
of Public Act 100-581, the Department of Healthcare and Family
Services may adopt emergency rules in accordance with this
subsection (aa). The 24-month limitation on the adoption of
emergency rules does not apply to rules to initially implement
the changes made to Articles 5, 5A, 12, and 14 of the Illinois
Public Aid Code adopted under this subsection (aa). The
adoption of emergency rules authorized by this subsection (aa)
is deemed to be necessary for the public interest, safety, and
welfare.
(bb) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-587,
emergency rules to implement the changes made by Public Act
100-587 to Section 4.02 of the Illinois Act on the Aging,
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
subsection (b) of Section 55-30 of the Alcoholism and Other
Drug Abuse and Dependency Act, Section 5-104 of the Specialized
Mental Health Rehabilitation Act of 2013, and Section 75 and
subsection (b) of Section 74 of the Mental Health and
Developmental Disabilities Administrative Act may be adopted
in accordance with this subsection (bb) by the respective
Department. The adoption of emergency rules authorized by this

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subsection (bb) is deemed to be necessary for the public
interest, safety, and welfare.
(cc) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-587,
emergency rules may be adopted in accordance with this
subsection (cc) to implement the changes made by Public Act
100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
Pension Code by the Board created under Article 14 of the Code;
Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
the Board created under Article 15 of the Code; and Sections
16-190.5 and 16-190.6 of the Illinois Pension Code by the Board
created under Article 16 of the Code. The adoption of emergency
rules authorized by this subsection (cc) is deemed to be
necessary for the public interest, safety, and welfare.
(dd) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-864,
emergency rules to implement the changes made by Public Act
100-864 to Section 3.35 of the Newborn Metabolic Screening Act
may be adopted in accordance with this subsection (dd) by the
Secretary of State. The adoption of emergency rules authorized
by this subsection (dd) is deemed to be necessary for the
public interest, safety, and welfare.
(ee) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-1172,
emergency rules implementing the Illinois Underground Natural
Gas Storage Safety Act may be adopted in accordance with this

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subsection by the Department of Natural Resources. The adoption
of emergency rules authorized by this subsection is deemed to
be necessary for the public interest, safety, and welfare.
(ff) In order to provide for the expeditious and timely
initial implementation of the changes made to Articles 5A and
14 of the Illinois Public Aid Code under the provisions of
Public Act 100-1181, the Department of Healthcare and Family
Services may on a one-time-only basis adopt emergency rules in
accordance with this subsection (ff). The 24-month limitation
on the adoption of emergency rules does not apply to rules to
initially implement the changes made to Articles 5A and 14 of
the Illinois Public Aid Code adopted under this subsection
(ff). The adoption of emergency rules authorized by this
subsection (ff) is deemed to be necessary for the public
interest, safety, and welfare.
(gg) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-1, emergency
rules may be adopted by the Department of Labor in accordance
with this subsection (gg) to implement the changes made by
Public Act 101-1 to the Minimum Wage Law. The adoption of
emergency rules authorized by this subsection (gg) is deemed to
be necessary for the public interest, safety, and welfare.
(hh) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-10,
emergency rules may be adopted in accordance with this
subsection (hh) to implement the changes made by Public Act

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101-10 to subsection (j) of Section 5-5.2 of the Illinois
Public Aid Code. The adoption of emergency rules authorized by
this subsection (hh) is deemed to be necessary for the public
interest, safety, and welfare.
(ii) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-10,
emergency rules to implement the changes made by Public Act
101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid
Code may be adopted in accordance with this subsection (ii) by
the Department of Public Health. The adoption of emergency
rules authorized by this subsection (ii) is deemed to be
necessary for the public interest, safety, and welfare.
(jj) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-10,
emergency rules to implement the changes made by Public Act
101-10 to Section 74 of the Mental Health and Developmental
Disabilities Administrative Act may be adopted in accordance
with this subsection (jj) by the Department of Human Services.
The adoption of emergency rules authorized by this subsection
(jj) is deemed to be necessary for the public interest, safety,
and welfare.
(kk) In order to provide for the expeditious and timely
implementation of the Cannabis Regulation and Tax Act and
Public Act 101-27, the Department of Revenue, the Department of
Public Health, the Department of Agriculture, the Department of
State Police, and the Department of Financial and Professional

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Regulation may adopt emergency rules in accordance with this
subsection (kk). The rulemaking authority granted in this
subsection (kk) shall apply only to rules adopted before
December 31, 2021. Notwithstanding the provisions of
subsection (c), emergency rules adopted under this subsection
(kk) shall be effective for 180 days. The adoption of emergency
rules authorized by this subsection (kk) is deemed to be
necessary for the public interest, safety, and welfare.
(ll) In order to provide for the expeditious and timely
implementation of the provisions of the Leveling the Playing
Field for Illinois Retail Act, emergency rules may be adopted
in accordance with this subsection (ll) to implement the
changes made by the Leveling the Playing Field for Illinois
Retail Act. The adoption of emergency rules authorized by this
subsection (ll) is deemed to be necessary for the public
interest, safety, and welfare.
(mm) In order to provide for the expeditious and timely
implementation of the provisions of Section 25-70 of the Sports
Wagering Act, emergency rules to implement Section 25-70 of the
Sports Wagering Act may be adopted in accordance with this
subsection (mm) by the Department of the Lottery as provided in
the Sports Wagering Act. The adoption of emergency rules
authorized by this subsection (mm) is deemed to be necessary
for the public interest, safety, and welfare.
(nn) In order to provide for the expeditious and timely
implementation of the Sports Wagering Act, emergency rules to

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implement the Sports Wagering Act may be adopted in accordance
with this subsection (nn) by the Illinois Gaming Board. The
adoption of emergency rules authorized by this subsection (nn)
is deemed to be necessary for the public interest, safety, and
welfare.
(oo) In order to provide for the expeditious and timely
implementation of the provisions of subsection (c) of Section
20 of the Video Gaming Act, emergency rules to implement the
provisions of subsection (c) of Section 20 of the Video Gaming
Act may be adopted in accordance with this subsection (oo) by
the Illinois Gaming Board. The adoption of emergency rules
authorized by this subsection (oo) is deemed to be necessary
for the public interest, safety, and welfare.
(pp) In order to provide for the expeditious and timely
implementation of the provisions of Section 50 of the Sexual
Assault Evidence Submission Act, emergency rules to implement
Section 50 of the Sexual Assault Evidence Submission Act may be
adopted in accordance with this subsection (pp) by the
Department of State Police. The adoption of emergency rules
authorized by this subsection (pp) is deemed to be necessary
for the public interest, safety, and welfare.
(qq) In order to provide for the expeditious and timely
implementation of the provisions of the Illinois Works Jobs
Program Act, emergency rules may be adopted in accordance with
this subsection (qq) to implement the Illinois Works Jobs
Program Act. The adoption of emergency rules authorized by this

HB4090 - 25 - LRB101 16448 RJF 65827 b
subsection (qq) is deemed to be necessary for the public
interest, safety, and welfare.
(rr) In order to provide for the expeditious and timely
implementation of the provisions of the State's budget for
fiscal years 2021 and 2022, emergency rules to implement any
provision of this amendatory Act of the 101st General Assembly
may be adopted in accordance with this Section by each agency
identified in Section 40 of the Unbalanced Budget Response Act.
The adoption of emergency rules authorized by this subsection
(rr) shall be deemed to be necessary for the public interest,
safety, and welfare. The rulemaking authority granted in this
subsection (rr) shall apply only to rules adopted prior to July
1, 2022. Notwithstanding any other provision of this Section,
any emergency rule adopted pursuant to this subsection (rr)
shall expire on July 1, 2022.
(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17;
100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff.
6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18;
100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff.
3-8-19; 101-1, eff. 2-19-19; 101-10, Article 20, Section 20-5,
eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. 6-5-19;
101-27, eff. 6-25-19; 101-31, Article 15, Section 15-5, eff.
6-28-19; 101-31, Article 25, Section 25-900, eff. 6-28-19;
101-31, Article 35, Section 35-3, eff. 6-28-19; 101-377, eff.
8-16-19; 101-601, eff. 12-10-19.)

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Section 110. The Illinois Public Aid Code is amended by
changing Section 5A-10 as follows:
(305 ILCS 5/5A-10) (from Ch. 23, par. 5A-10)
Sec. 5A-10. Applicability.
(a) The assessment imposed by subsection (a) of Section
5A-2 shall cease to be imposed and the Department's obligation
to make payments shall immediately cease, and any moneys
remaining in the Fund shall be refunded to hospital providers
in proportion to the amounts paid by them, if:
(1) The payments to hospitals required under this
Article are not eligible for federal matching funds under
Title XIX or XXI of the Social Security Act;
(2) For State fiscal years 2009 through 2018, and as
provided in Section 5A-16, the Department of Healthcare and
Family Services adopts any administrative rule change to
reduce payment rates or alters any payment methodology that
reduces any payment rates made to operating hospitals under
the approved Title XIX or Title XXI State plan in effect
January 1, 2008 except for:
(A) any changes for hospitals described in
subsection (b) of Section 5A-3;
(B) any rates for payments made under this Article
V-A;
(C) any changes proposed in State plan amendment
transmittal numbers 08-01, 08-02, 08-04, 08-06, and

HB4090 - 27 - LRB101 16448 RJF 65827 b
08-07;
(D) in relation to any admissions on or after
January 1, 2011, a modification in the methodology for
calculating outlier payments to hospitals for
exceptionally costly stays, for hospitals reimbursed
under the diagnosis-related grouping methodology in
effect on July 1, 2011; provided that the Department
shall be limited to one such modification during the
36-month period after the effective date of this
amendatory Act of the 96th General Assembly;
(E) any changes affecting hospitals authorized by
Public Act 97-689;
(F) any changes authorized by Section 14-12 of this
Code, or for any changes authorized under Section 5A-15
of this Code; or
(G) any changes authorized under Section 5-5b.1;
or .
(H) any changes authorized under the Unbalanced
Budget Response Act.
(b) The assessment imposed by Section 5A-2 shall not take
effect or shall cease to be imposed, and the Department's
obligation to make payments shall immediately cease, if the
assessment is determined to be an impermissible tax under Title
XIX of the Social Security Act. Moneys in the Hospital Provider
Fund derived from assessments imposed prior thereto shall be
disbursed in accordance with Section 5A-8 to the extent federal

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financial participation is not reduced due to the
impermissibility of the assessments, and any remaining moneys
shall be refunded to hospital providers in proportion to the
amounts paid by them.
(c) The assessments imposed by subsection (b-5) of Section
5A-2 shall not take effect or shall cease to be imposed, the
Department's obligation to make payments shall immediately
cease, and any moneys remaining in the Fund shall be refunded
to hospital providers in proportion to the amounts paid by
them, if the payments to hospitals required under Section
5A-12.4 or Section 5A-12.6 are not eligible for federal
matching funds under Title XIX of the Social Security Act.
(d) The assessments imposed by Section 5A-2 shall not take
effect or shall cease to be imposed, the Department's
obligation to make payments shall immediately cease, and any
moneys remaining in the Fund shall be refunded to hospital
providers in proportion to the amounts paid by them, if:
(1) for State fiscal years 2013 through 2018, and as
provided in Section 5A-16, the Department reduces any
payment rates to hospitals as in effect on May 1, 2012, or
alters any payment methodology as in effect on May 1, 2012,
that has the effect of reducing payment rates to hospitals,
except for any changes affecting hospitals authorized in
Public Act 97-689 and any changes authorized by Section
14-12 of this Code, and except for any changes authorized
under Section 5A-15, and except for any changes authorized

HB4090 - 29 - LRB101 16448 RJF 65827 b
under Section 5-5b.1, and except for any changes authorized
under the Unbalanced Budget Response Act;
(2) for State fiscal years 2013 through 2018, and as
provided in Section 5A-16, the Department reduces any
supplemental payments made to hospitals below the amounts
paid for services provided in State fiscal year 2011 as
implemented by administrative rules adopted and in effect
on or prior to June 30, 2011, except for any changes
affecting hospitals authorized in Public Act 97-689 and any
changes authorized by Section 14-12 of this Code, and
except for any changes authorized under Section 5A-15, and
except for any changes authorized under Section 5-5b.1, and
except for any changes authorized under the Unbalanced
Budget Response Act; or
(3) for State fiscal years 2015 through 2018, and as
provided in Section 5A-16, the Department reduces the
overall effective rate of reimbursement to hospitals below
the level authorized under Section 14-12 of this Code,
except for any changes under Section 14-12 or Section 5A-15
of this Code, and except for any changes authorized under
Section 5-5b.1, and except for any changes authorized under
the Unbalanced Budget Response Act.
(e) Beginning in State fiscal year 2019, the assessments
imposed under Section 5A-2 shall not take effect or shall cease
to be imposed, the Department's obligation to make payments
shall immediately cease, and any moneys remaining in the Fund

HB4090 - 30 - LRB101 16448 RJF 65827 b
shall be refunded to hospital providers in proportion to the
amounts paid by them, if:
(1) the payments to hospitals required under Section
5A–12.6 are not eligible for federal matching funds under
Title XIX of the Social Security Act; or
(2) the Department reduces the overall effective rate
of reimbursement to hospitals below the level authorized
under Section 14-12 of this Code, as in effect on December
31, 2017, except for any changes authorized under Sections
14-12 or Section 5A-15 of this Code, and except for any
changes authorized under changes to Sections 5A-12.2,
5A-12.4, 5A-12.5, 5A-12.6, and 14-12 made by this
amendatory Act of the 100th General Assembly.
(Source: P.A. 99-2, eff. 3-26-15; 100-581, eff. 3-12-18.)
Section 115. The State Mandates Act is amended by adding
Section 8.44 as follows:
(30 ILCS 805/8.44 new)
Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 101st General Assembly.
Section 999. Effective date. This Act takes effect upon
becoming law.