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Public Act 103-0616
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HB5601 Enrolled | LRB103 38592 MXP 68728 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Article 5.
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Section 5-5. The State Employees Group Insurance Act of |
1971 is amended by changing Section 11 as follows:
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(5 ILCS 375/11) (from Ch. 127, par. 531) |
Sec. 11. The amount of contribution in any fiscal year |
from funds other than the General Revenue Fund or the Road Fund |
shall be at the same contribution rate as the General Revenue |
Fund or the Road Fund except that, in State Fiscal Year 2009, |
no contributions shall be required from the FY09 Budget Relief |
Fund . Contributions and payments for life insurance shall be |
deposited in the Group Insurance Premium Fund. Contributions |
and payments for health coverages and other benefits shall be |
deposited in the Health Insurance Reserve Fund. Federal funds |
which are available for cooperative extension purposes shall |
also be charged for the contributions which are made for |
retired employees formerly employed in the Cooperative |
Extension Service. In the case of departments or any division |
thereof receiving a fraction of its requirements for |
administration from the Federal Government, the contributions |
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hereunder shall be such fraction of the amount determined |
under the provisions hereof and the remainder shall be |
contributed by the State. |
Every department which has members paid from funds other |
than the General Revenue Fund shall cooperate with the |
Department of Central Management Services and the Governor's |
Office of Management and Budget in order to assure that the |
specified proportion of the State's cost for group life |
insurance, the program of health benefits and other employee |
benefits is paid by such funds; except that contributions |
under this Act need not be paid from any other fund where both |
the Director of Central Management Services and the Director |
of the Governor's Office of Management and Budget have |
designated in writing that the necessary contributions are |
included in the General Revenue Fund contribution amount. |
Universities having employees who are compensated out of |
the following funds or sources are not required to submit the |
contribution described in this Section for such employees: |
(1) income funds, as described in Sections 6a-1, |
6a-1a, 6a-1b, 6a-1c, 6a-1d, 6a-1e, 6a-1f, 6a-1g, and 6d of |
the State Finance Act, including tuition, laboratory, and |
library fees and any interest earned on those fees; |
(2) local auxiliary funds, as described in the |
Legislative Audit Commission's University Guidelines, as |
published on November 17, 2020, including the following: |
(i) funds from auxiliary enterprises, which are |
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operations that support the overall objectives of the |
university but are not directly related to |
instruction, research, or service organizational |
units; |
(ii) funds from auxiliary activities, which are |
functions that are self-supporting, in whole or in |
part, and are directly related to instruction, |
research, or service units; |
(3) the Agricultural Premium Fund as established by |
Section 5.01 of the State Finance Act; |
(4) appropriations from the General Revenue Fund, |
Education Assistance Fund, or other State appropriations |
that are made for the purposes of instruction, research, |
public service, or economic development; |
(5) funds to the University of Illinois Hospital for |
health care professional services that are performed by |
University of Illinois faculty or University of Illinois |
health care programs established under the University of |
Illinois Hospital Act; or |
(6) funds designated for the Cooperative Extension |
Service, as defined in Section 3 of the County Cooperative |
Extension Law. |
If an employee of a university is partially compensated |
from the funds or sources of funds identified in paragraphs |
(1) through (6) above, universities shall be required to |
submit a pro rata contribution for the portion of the |
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employee's compensation that is derived out of funds or |
sources other than those identified in paragraphs (1) through |
(6) above. |
The Department of Central Management Services may conduct |
a post-payment review of university reimbursements to assess |
or address any discrepancies. Universities shall cooperate |
with the Department of Central Management Services during any |
post-payment review, that may require universities to provide |
documentation to support payment calculations or funding |
sources used for calculating reimbursements. The Department of |
Central Management Services reserves the right to reconcile |
any discrepancies in reimbursement subtotals or total |
obligations and to notify universities of all final |
reconciliations, which shall include the Department of Central |
Management Services calculations and the amount of any credits |
or obligations that may be due. |
For each employee of the Illinois Toll Highway Authority |
covered under this Act whose eligibility for such coverage is |
as an annuitant, the Authority shall annually contribute an |
amount, as determined by the Director of the Department of |
Central Management Services, that represents the average |
employer's share of the cost of retiree coverage per |
participating employee in the State Employees Group Insurance |
Program. |
(Source: P.A. 102-1071, eff. 6-10-22; 102-1115, eff. 1-9-23.)
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Section 5-10. The Illinois Act on the Aging is amended by |
changing Section 4.01 as follows:
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(20 ILCS 105/4.01) (from Ch. 23, par. 6104.01) |
Sec. 4.01. Additional powers and duties of the Department. |
In addition to powers and duties otherwise provided by law, |
the Department shall have the following powers and duties: |
(1) To evaluate all programs, services, and facilities for |
the aged and for minority senior citizens within the State and |
determine the extent to which present public or private |
programs, services and facilities meet the needs of the aged. |
(2) To coordinate and evaluate all programs, services, and |
facilities for the Aging and for minority senior citizens |
presently furnished by State agencies and make appropriate |
recommendations regarding such services, programs and |
facilities to the Governor and/or the General Assembly. |
(2-a) To request, receive, and share information |
electronically through the use of data-sharing agreements for |
the purpose of (i) establishing and verifying the initial and |
continuing eligibility of older adults to participate in |
programs administered by the Department; (ii) maximizing |
federal financial participation in State assistance |
expenditures; and (iii) investigating allegations of fraud or |
other abuse of publicly funded benefits. Notwithstanding any |
other law to the contrary, but only for the limited purposes |
identified in the preceding sentence, this paragraph (2-a) |
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expressly authorizes the exchanges of income, identification, |
and other pertinent eligibility information by and among the |
Department and the Social Security Administration, the |
Department of Employment Security, the Department of |
Healthcare and Family Services, the Department of Human |
Services, the Department of Revenue, the Secretary of State, |
the U.S. Department of Veterans Affairs, and any other |
governmental entity. The confidentiality of information |
otherwise shall be maintained as required by law. In addition, |
the Department on Aging shall verify employment information at |
the request of a community care provider for the purpose of |
ensuring program integrity under the Community Care Program. |
(3) To function as the sole State agency to develop a |
comprehensive plan to meet the needs of the State's senior |
citizens and the State's minority senior citizens. |
(4) To receive and disburse State and federal funds made |
available directly to the Department including those funds |
made available under the Older Americans Act and the Senior |
Community Service Employment Program for providing services |
for senior citizens and minority senior citizens or for |
purposes related thereto, and shall develop and administer any |
State Plan for the Aging required by federal law. |
(5) To solicit, accept, hold, and administer in behalf of |
the State any grants or legacies of money, securities, or |
property to the State of Illinois for services to senior |
citizens and minority senior citizens or purposes related |
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thereto. |
(6) To provide consultation and assistance to communities, |
area agencies on aging, and groups developing local services |
for senior citizens and minority senior citizens. |
(7) To promote community education regarding the problems |
of senior citizens and minority senior citizens through |
institutes, publications, radio, television and the local |
press. |
(8) To cooperate with agencies of the federal government |
in studies and conferences designed to examine the needs of |
senior citizens and minority senior citizens and to prepare |
programs and facilities to meet those needs. |
(9) To establish and maintain information and referral |
sources throughout the State when not provided by other |
agencies. |
(10) To provide the staff support that may reasonably be |
required by the Council. |
(11) To make and enforce rules and regulations necessary |
and proper to the performance of its duties. |
(12) To establish and fund programs or projects or |
experimental facilities that are specially designed as |
alternatives to institutional care. |
(13) To develop a training program to train the counselors |
presently employed by the Department's aging network to |
provide Medicare beneficiaries with counseling and advocacy in |
Medicare, private health insurance, and related health care |
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coverage plans. The Department shall report to the General |
Assembly on the implementation of the training program on or |
before December 1, 1986. |
(14) To make a grant to an institution of higher learning |
to study the feasibility of establishing and implementing an |
affirmative action employment plan for the recruitment, |
hiring, training and retraining of persons 60 or more years |
old for jobs for which their employment would not be precluded |
by law. |
(15) To present one award annually in each of the |
categories of community service, education, the performance |
and graphic arts, and the labor force to outstanding Illinois |
senior citizens and minority senior citizens in recognition of |
their individual contributions to either community service, |
education, the performance and graphic arts, or the labor |
force. The awards shall be presented to 4 senior citizens and |
minority senior citizens selected from a list of 44 nominees |
compiled annually by the Department. Nominations shall be |
solicited from senior citizens' service providers, area |
agencies on aging, senior citizens' centers, and senior |
citizens' organizations. The Department shall establish a |
central location within the State to be designated as the |
Senior Illinoisans Hall of Fame for the public display of all |
the annual awards, or replicas thereof. |
(16) To establish multipurpose senior centers through area |
agencies on aging and to fund those new and existing |
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multipurpose senior centers through area agencies on aging, |
the establishment and funding to begin in such areas of the |
State as the Department shall designate by rule and as |
specifically appropriated funds become available. |
(17) (Blank). |
(18) To develop a pamphlet in English and Spanish which |
may be used by physicians licensed to practice medicine in all |
of its branches pursuant to the Medical Practice Act of 1987, |
pharmacists licensed pursuant to the Pharmacy Practice Act, |
and Illinois residents 65 years of age or older for the purpose |
of assisting physicians, pharmacists, and patients in |
monitoring prescriptions provided by various physicians and to |
aid persons 65 years of age or older in complying with |
directions for proper use of pharmaceutical prescriptions. The |
pamphlet may provide space for recording information including |
but not limited to the following: |
(a) name and telephone number of the patient; |
(b) name and telephone number of the prescribing |
physician; |
(c) date of prescription; |
(d) name of drug prescribed; |
(e) directions for patient compliance; and |
(f) name and telephone number of dispensing pharmacy. |
In developing the pamphlet, the Department shall consult |
with the Illinois State Medical Society, the Center for |
Minority Health Services, the Illinois Pharmacists Association |
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and senior citizens organizations. The Department shall |
distribute the pamphlets to physicians, pharmacists and |
persons 65 years of age or older or various senior citizen |
organizations throughout the State. |
(19) To conduct a study of the feasibility of implementing |
the Senior Companion Program throughout the State. |
(20) The reimbursement rates paid through the community |
care program for chore housekeeping services and home care |
aides shall be the same. |
(21) (Blank). From funds appropriated to the Department |
from the Meals on Wheels Fund, a special fund in the State |
treasury that is hereby created, and in accordance with State |
and federal guidelines and the intrastate funding formula, to |
make grants to area agencies on aging, designated by the |
Department, for the sole purpose of delivering meals to |
homebound persons 60 years of age and older. |
(22) To distribute, through its area agencies on aging, |
information alerting seniors on safety issues regarding |
emergency weather conditions, including extreme heat and cold, |
flooding, tornadoes, electrical storms, and other severe storm |
weather. The information shall include all necessary |
instructions for safety and all emergency telephone numbers of |
organizations that will provide additional information and |
assistance. |
(23) To develop guidelines for the organization and |
implementation of Volunteer Services Credit Programs to be |
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administered by Area Agencies on Aging or community based |
senior service organizations. The Department shall hold public |
hearings on the proposed guidelines for public comment, |
suggestion, and determination of public interest. The |
guidelines shall be based on the findings of other states and |
of community organizations in Illinois that are currently |
operating volunteer services credit programs or demonstration |
volunteer services credit programs. The Department shall offer |
guidelines for all aspects of the programs including, but not |
limited to, the following: |
(a) types of services to be offered by volunteers; |
(b) types of services to be received upon the |
redemption of service credits; |
(c) issues of liability for the volunteers and the |
administering organizations; |
(d) methods of tracking service credits earned and |
service credits redeemed; |
(e) issues of time limits for redemption of service |
credits; |
(f) methods of recruitment of volunteers; |
(g) utilization of community volunteers, community |
service groups, and other resources for delivering |
services to be received by service credit program clients; |
(h) accountability and assurance that services will be |
available to individuals who have earned service credits; |
and |
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(i) volunteer screening and qualifications. |
The Department shall submit a written copy of the guidelines |
to the General Assembly by July 1, 1998. |
(24) To function as the sole State agency to receive and |
disburse State and federal funds for providing adult |
protective services in a domestic living situation in |
accordance with the Adult Protective Services Act. |
(25) To hold conferences, trainings, and other programs |
for which the Department shall determine by rule a reasonable |
fee to cover related administrative costs. Rules to implement |
the fee authority granted by this paragraph (25) must be |
adopted in accordance with all provisions of the Illinois |
Administrative Procedure Act and all rules and procedures of |
the Joint Committee on Administrative Rules; any purported |
rule not so adopted, for whatever reason, is unauthorized. |
(Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380, |
eff. 8-16-13; 98-756, eff. 7-16-14; 99-331, eff. 1-1-16 .)
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Section 5-15. The Renewable Energy, Energy Efficiency, and |
Coal Resources Development Law of 1997 is amended by changing |
Section 6-3 as follows:
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(20 ILCS 687/6-3) |
(Section scheduled to be repealed on December 31, 2025) |
Sec. 6-3. Renewable energy resources program. |
(a) The Environmental Protection Agency, to be called the |
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"Agency" hereinafter in this Law, shall administer the |
Renewable Energy Resources Program to provide grants, loans, |
and other incentives to foster investment in and the |
development and use of renewable energy resources. |
(b) The Agency may, by administrative rule, establish and |
adjust eligibility criteria for grants, loans, and other |
incentives to foster investment in and the development and use |
of renewable energy resources. The criteria should promote the |
goal of fostering investment in and the development and use, |
in Illinois, of renewable energy resources. |
(c) The Agency may accept applications for grants, loans, |
and other incentives to foster investment in and the |
development and use of renewable energy resources. |
(d) To the extent that funds are available and |
appropriated, the Agency shall provide grants, loans, and |
other incentives to applicants that meet the criteria |
specified by the Agency. |
(e) (Blank). |
(f) As used in this Law, "renewable energy resources" |
includes energy from wind, solar thermal energy, photovoltaic |
cells and panels, dedicated crops grown for energy production |
and organic waste biomass, hydropower that does not involve |
new construction or significant expansion of hydropower dams, |
and other such alternative sources of environmentally |
preferable energy. "Renewable energy resources" does not |
include, however, energy from the incineration or burning of |
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waste wood, tires, garbage, general household, institutional |
and commercial waste, industrial lunchroom or office waste, |
landscape waste, or construction or demolition debris. |
(g) (Blank). There is created the Energy Efficiency |
Investment Fund as a special fund in the State Treasury, to be |
administered by the Agency to support the development of |
technologies for wind, biomass, and solar power in Illinois. |
The Agency may accept private and public funds, including |
federal funds, for deposit into the Fund. |
(Source: P.A. 102-444, eff. 8-20-21.)
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(20 ILCS 1135/Act rep.) |
Section 5-20. The Superconducting Super Collider Act is |
repealed.
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Section 5-25. The Illinois Commission on Volunteerism and |
Community Service Act is amended by changing Section 4.5 as |
follows:
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(20 ILCS 1345/4.5) |
Sec. 4.5. Serve Illinois Commission Fund; creation. The |
Serve Illinois Commission Fund is created as a special fund in |
the State treasury. All federal grant moneys awarded in |
support of the activities authorized under this Act to the |
Department of Human Services or the Commission may be |
deposited into the Serve Illinois Commission Fund. In addition |
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to federal grant moneys, the Department and the Commission may |
accept and deposit into the Serve Illinois Commission Fund any |
other funds, grants, gifts, and bequests from any source, |
public or private, in support of the activities authorized |
under this Act. Appropriations from the Serve Illinois |
Commission Fund shall be used for operations, grants, and |
other purposes as authorized by this Act. Upon written |
notification by the Secretary of Human Services, the State |
Comptroller shall direct and the State Treasurer shall |
transfer any remaining balance in the Federal National |
Community Services Grant Fund to the Serve Illinois Commission |
Fund. |
(Source: P.A. 102-699, eff. 4-19-22.)
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Section 5-30. The Mental Health and Developmental |
Disabilities Administrative Act is amended by changing |
Sections 18.4 and 18.5 as follows:
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(20 ILCS 1705/18.4) |
Sec. 18.4. Community Mental Health Medicaid Trust Fund; |
reimbursement. |
(a) The Community Mental Health Medicaid Trust Fund is |
hereby created in the State Treasury. |
(b) Amounts paid to the State during each State fiscal |
year by the federal government under Title XIX or Title XXI of |
the Social Security Act for services delivered by community |
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mental health providers, and any interest earned thereon, |
shall be deposited 100% into the Community Mental Health |
Medicaid Trust Fund. Not more than $4,500,000 of the Community |
Mental Health Medicaid Trust Fund may be used by the |
Department of Human Services' Division of Mental Health for |
oversight and administration of community mental health |
services, and of that amount no more than $1,000,000 may be |
used for the support of community mental health service |
initiatives. The remainder shall be used for the purchase of |
community mental health services. |
(b-5) Whenever a State mental health facility operated by |
the Department is closed and the real estate on which the |
facility is located is sold by the State, the net proceeds of |
the sale of the real estate shall be deposited into the |
Community Mental Health Medicaid Trust Fund and used for the |
purposes enumerated in subsections (c) and (c-1) of Section |
4.6 of the Community Services Act ; however, under subsection |
(e) of Section 4.6 of the Community Services Act, the |
Department may set aside a portion of the net proceeds of the |
sale of the real estate for deposit into the Human Services |
Priority Capital Program Fund. The portion set aside shall be |
used for the purposes enumerated in Section 6z-71 of the State |
Finance Act . |
(c) The Department shall reimburse community mental health |
providers for services provided to eligible individuals. |
Moneys in the Trust Fund may be used for that purpose. |
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(c-5) The Community Mental Health Medicaid Trust Fund is |
not subject to administrative charge-backs. |
(c-10) The Department of Human Services shall annually |
report to the Governor and the General Assembly, by September |
1, on both the total revenue deposited into the Trust Fund and |
the total expenditures made from the Trust Fund for the |
previous fiscal year. This report shall include detailed |
descriptions of both revenues and expenditures regarding the |
Trust Fund from the previous fiscal year. This report shall be |
presented by the Secretary of Human Services to the |
appropriate Appropriations Committee in the House of |
Representatives, as determined by the Speaker of the House, |
and in the Senate, as determined by the President of the |
Senate. This report shall be made available to the public and |
shall be published on the Department of Human Services' |
website in an appropriate location, a minimum of one week |
prior to presentation of the report to the General Assembly. |
(d) As used in this Section: |
"Trust Fund" means the Community Mental Health Medicaid |
Trust Fund. |
"Community mental health provider" means a community |
agency that is funded by the Department to provide a service. |
"Service" means a mental health service provided pursuant |
to the provisions of administrative rules adopted by the |
Department and funded by or claimed through the Department of |
Human Services' Division of Mental Health. |
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(Source: P.A. 97-333, eff. 8-12-11; 98-815, eff. 8-1-14.)
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(20 ILCS 1705/18.5) |
Sec. 18.5. Community Developmental Disability Services |
Medicaid Trust Fund; reimbursement. |
(a) The Community Developmental Disability Services |
Medicaid Trust Fund is hereby created in the State treasury. |
(b) Beginning in State fiscal year 2019, funds in any |
fiscal year in amounts not exceeding a total of $60,000,000 |
paid to the State by the federal government under Title XIX or |
Title XXI of the Social Security Act for services delivered by |
community developmental disability services providers shall be |
deposited into the Community Developmental Disability Services |
Medicaid Trust Fund to pay for Medicaid-reimbursed community |
developmental disability services provided to eligible |
individuals. |
(b-5) (Blank). |
(b-7) The Community Developmental Disability Services |
Medicaid Trust Fund is not subject to administrative |
charge-backs. |
(b-9) (Blank). |
(b-10) Whenever a State developmental disabilities |
facility operated by the Department is closed and the real |
estate on which the facility is located is sold by the State, |
the net proceeds of the sale of the real estate shall be |
deposited into the Community Developmental Disability Services |
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Medicaid Trust Fund and used for the purposes enumerated in |
subsections (c) and (d) of Section 4.6 of the Community |
Services Act ; however, under subsection (e) of Section 4.6 of |
the Community Services Act, the Department may set aside a |
portion of the net proceeds of the sale of the real estate for |
deposit into the Human Services Priority Capital Program Fund. |
The portion set aside shall be used for the purposes |
enumerated in Section 6z-71 of the State Finance Act . |
(c) For purposes of this Section: |
"Trust Fund" means the Community Developmental Disability |
Services Medicaid Trust Fund. |
"Medicaid-reimbursed developmental disability services" |
means services provided by a community developmental |
disability provider under an agreement with the Department |
that is eligible for reimbursement under the federal Title XIX |
program or Title XXI program. |
"Provider" means a qualified entity as defined in the |
State's Home and Community-Based Services Waiver for Persons |
with Developmental Disabilities that is funded by the |
Department to provide a Medicaid-reimbursed service. |
(Source: P.A. 100-587, eff. 6-4-18.)
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Section 5-35. The State Fire Marshal Act is amended by |
changing Section 2.7 as follows:
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(20 ILCS 2905/2.7) |
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Sec. 2.7. Small Fire-fighting and Ambulance Service |
Equipment Grant Program. |
(a) The Office shall establish and administer a Small |
Fire-fighting and Ambulance Service Equipment Grant Program to |
award grants to fire departments, fire protection districts, |
and volunteer, non-profit, stand alone ambulance services for |
the purchase of small fire-fighting and ambulance equipment. |
(b) (Blank). |
(b-1) (Blank). The Fire Service and Small Equipment Fund |
is dissolved. Any moneys remaining in the Fund on the |
effective date of this amendatory Act of the 97th General |
Assembly shall be transferred to the Fire Prevention Fund. |
(c) As used in this Section, "small fire-fighting and |
ambulance equipment" includes, without limitation, turnout |
gear, air packs, thermal imaging cameras, jaws of life, |
defibrillators, communications equipment, including but not |
limited to pagers and radios, and other fire-fighting or life |
saving equipment, as determined by the State Fire Marshal. |
(d) The Office shall adopt any rules necessary for the |
implementation and administration of this Section. |
(Source: P.A. 96-386, eff. 8-13-09; 97-901, eff. 1-1-13.)
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Section 5-40. The Historic Preservation Act is amended by |
changing Section 16 as follows:
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(20 ILCS 3405/16) (from Ch. 127, par. 2716) |
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Sec. 16. The Department shall have the following |
additional powers: |
(a) To hire agents and employees necessary to carry |
out the duties and purposes of this Act. |
(b) To take all measures necessary to erect, maintain, |
preserve, restore, and conserve all State Historic Sites |
and State Memorials, except when supervision and |
maintenance is otherwise provided by law. This |
authorization includes the power to enter into contracts, |
acquire and dispose of real and personal property, and |
enter into leases of real and personal property. The |
Department has the power to acquire, for purposes |
authorized by law, any real property in fee simple subject |
to a life estate in the seller in not more than 3 acres of |
the real property acquired, subject to the restrictions |
that the life estate shall be used for residential |
purposes only and that it shall be non-transferable. |
(c) To provide recreational facilities, including |
campsites, lodges and cabins, trails, picnic areas, and |
related recreational facilities, at all sites under the |
jurisdiction of the Department. |
(d) To lay out, construct, and maintain all needful |
roads, parking areas, paths or trails, bridges, camp or |
lodge sites, picnic areas, lodges and cabins, and any |
other structures and improvements necessary and |
appropriate in any State historic site or easement |
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thereto; and to provide water supplies, heat and light, |
and sanitary facilities for the public and living quarters |
for the custodians and keepers of State historic sites. |
(e) To grant licenses and rights-of-way within the |
areas controlled by the Department for the construction, |
operation, and maintenance upon, under or across the |
property, of facilities for water, sewage, telephone, |
telegraph, electric, gas, or other public service, subject |
to the terms and conditions as may be determined by the |
Department. |
(f) To authorize the officers, employees, and agents |
of the Department, for the purposes of investigation and |
to exercise the rights, powers, and duties vested and that |
may be vested in it, to enter and cross all lands and |
waters in this State, doing no damage to private property. |
(g) To transfer jurisdiction of or exchange any realty |
under the control of the Department to any other |
Department of the State Government, or to any agency of |
the Federal Government, or to acquire or accept Federal |
lands, when any transfer, exchange, acquisition, or |
acceptance is advantageous to the State and is approved in |
writing by the Governor. |
(h) To erect, supervise, and maintain all public |
monuments and memorials erected by the State, except when |
the supervision and maintenance of public monuments and |
memorials is otherwise provided by law. |
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(i) To accept, hold, maintain, and administer, as |
trustee, property given in trust for educational or |
historic purposes for the benefit of the People of the |
State of Illinois and to dispose of any property under the |
terms of the instrument creating the trust. |
(j) To lease concessions on any property under the |
jurisdiction of the Department for a period not exceeding |
25 years and to lease a concession complex at Lincoln's |
New Salem State Historic Site for which a cash incentive |
has been authorized under Section 5.1 of this Act for a |
period not to exceed 40 years. All leases, for whatever |
period, shall be made subject to the written approval of |
the Governor. All concession leases extending for a period |
in excess of 10 years, will contain provisions for the |
Department to participate, on a percentage basis, in the |
revenues generated by any concession operation. |
The Department is authorized to allow for provisions |
for a reserve account and a leasehold account within |
Department concession lease agreements for the purpose of |
setting aside revenues for the maintenance, |
rehabilitation, repair, improvement, and replacement of |
the concession facility, structure, and equipment of the |
Department that are part of the leased premises. |
The lessee shall be required to pay into the reserve |
account a percentage of gross receipts, as set forth in |
the lease, to be set aside and expended in a manner |
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acceptable to the Department by the concession lessee for |
the purpose of ensuring that an appropriate amount of the |
lessee's moneys are provided by the lessee to satisfy the |
lessee's incurred responsibilities for the operation of |
the concession facility under the terms and conditions of |
the concession lease. |
The lessee account shall allow for the amortization of |
certain authorized expenses that are incurred by the |
concession lessee but that are not an obligation of the |
lessee under the terms and conditions of the lease |
agreement. The Department may allow a reduction of up to |
50% of the monthly rent due for the purpose of enabling the |
recoupment of the lessee's authorized expenditures during |
the term of the lease. |
(k) To sell surplus agricultural products grown on |
land owned by or under the jurisdiction of the Department, |
when the products cannot be used by the Department. |
(l) To enforce the laws of the State and the rules and |
regulations of the Department in or on any lands owned, |
leased, or managed by the Department. |
(m) To cooperate with private organizations and |
agencies of the State of Illinois by providing areas and |
the use of staff personnel where feasible for the sale of |
publications on the historic and cultural heritage of the |
State and craft items made by Illinois craftsmen. These |
sales shall not conflict with existing concession |
|
agreements. The Department is authorized to negotiate with |
the organizations and agencies for a portion of the monies |
received from sales to be returned to the Illinois |
Department's Historic Sites Fund for the furtherance of |
interpretive and restoration programs. |
(n) To establish local bank or savings and loan |
association accounts, upon the written authorization of |
the Director, to temporarily hold income received at any |
of its properties. The local accounts established under |
this Section shall be in the name of the Department and |
shall be subject to regular audits. The balance in a local |
bank or savings and loan association account shall be |
forwarded to the Department for deposit with the State |
Treasurer on Monday of each week if the amount to be |
deposited in a fund exceeds $500. |
No bank or savings and loan association shall receive |
public funds as permitted by this Section, unless it has |
complied with the requirements established under Section 6 |
of the Public Funds Investment Act. |
(o) To accept offers of gifts, gratuities, or grants |
from the federal government, its agencies, or offices, or |
from any person, firm, or corporation. |
(p) To make reasonable rules and regulations as may be |
necessary to discharge the duties of the Department. |
(q) With appropriate cultural organizations, to |
further and advance the goals of the Department. |
|
(r) To make grants for the purposes of planning, |
survey, rehabilitation, restoration, reconstruction, |
landscaping, and acquisition of Illinois properties (i) |
designated individually in the National Register of |
Historic Places, (ii) designated as a landmark under a |
county or municipal landmark ordinance, or (iii) located |
within a National Register of Historic Places historic |
district or a locally designated historic district when |
the Director determines that the property is of historic |
significance whenever an appropriation is made therefor by |
the General Assembly or whenever gifts or grants are |
received for that purpose and to promulgate regulations as |
may be necessary or desirable to carry out the purposes of |
the grants. |
Grantees may, as prescribed by rule, be required to |
provide matching funds for each grant. Grants made under |
this subsection shall be known as Illinois Heritage |
Grants. |
Every owner of a historic property, or the owner's |
agent, is eligible to apply for a grant under this |
subsection. |
(s) To establish and implement a pilot program for |
charging admission to State historic sites. Fees may be |
charged for special events, admissions, and parking or any |
combination; fees may be charged at all sites or selected |
sites. All fees shall be deposited into the Illinois |
|
Historic Sites Fund. The Department shall have the |
discretion to set and adjust reasonable fees at the |
various sites, taking into consideration various factors, |
including, but not limited to: cost of services furnished |
to each visitor, impact of fees on attendance and tourism, |
and the costs expended collecting the fees. The Department |
shall keep careful records of the income and expenses |
resulting from the imposition of fees, shall keep records |
as to the attendance at each historic site, and shall |
report to the Governor and General Assembly by January 31 |
after the close of each year. The report shall include |
information on costs, expenses, attendance, comments by |
visitors, and any other information the Department may |
believe pertinent, including: |
(1) Recommendations as to whether fees should be |
continued at each State historic site. |
(2) How the fees should be structured and imposed. |
(3) Estimates of revenues and expenses associated |
with each site. |
(t) To provide for overnight tent and trailer |
campsites and to provide suitable housing facilities for |
student and juvenile overnight camping groups. The |
Department shall charge rates similar to those charged by |
the Department for the same or similar facilities and |
services. |
(u) To engage in marketing activities designed to |
|
promote the sites and programs administered by the |
Department. In undertaking these activities, the |
Department may take all necessary steps with respect to |
products and services, including, but not limited to, |
retail sales, wholesale sales, direct marketing, mail |
order sales, telephone sales, advertising and promotion, |
purchase of product and materials inventory, design, |
printing and manufacturing of new products, reproductions, |
and adaptations, copyright and trademark licensing and |
royalty agreements, and payment of applicable taxes. In |
addition, the Department shall have the authority to sell |
advertising in its publications and printed materials. All |
income from marketing activities shall be deposited into |
the Illinois Historic Sites Fund. |
(Source: P.A. 102-1005, eff. 5-27-22.)
|
Section 5-45. The Archaeological and Paleontological |
Resources Protection Act is amended by changing Section 5 as |
follows:
|
(20 ILCS 3435/5) (from Ch. 127, par. 133c5) |
Sec. 5. Penalties. Any violation of Section 3 not |
involving the disturbance of human remains is a Class A |
misdemeanor and the violator shall also be subject to a fine |
not in excess of $5,000; any subsequent violation is a Class 4 |
felony. Any violation of Section 3 involving disturbance of |
|
human remains is a Class 4 felony. Each disturbance of an |
archaeological site or a paleontological site shall constitute |
a single offense. Persons convicted of a violation of Section |
3 shall also be ordered to pay restitution. Such restitution |
is to be assessed by the circuit court. Restitution may |
include, but is not limited to: |
(a) (blank); |
(b) any and all costs incurred in cleaning, restoring, |
analyzing, accessioning and curating the recovered |
materials; |
(c) any and all costs associated with restoring the |
land to its original contour; |
(d) any and all costs associated with recovery of data |
and analyzing, publishing, accessioning and curating |
materials when the prohibited activity is so extensive as |
to preclude the restoration of the archaeological or |
paleontological site; |
(e) any and all costs associated with the |
determination and collection of restitution. |
When restitution is ordered in a case that is prosecuted |
by the Attorney General, all restitution shall be deposited |
into the Illinois Historic Sites Fund; when restitution is |
ordered in a case that is prosecuted by the State's Attorney, |
the proceeds shall be deposited into the county fund |
designated by the county board. |
(Source: P.A. 103-446, eff. 8-4-23.)
|
|
Section 5-50. The State Finance Act is amended by changing |
Sections 5, 6z-82, and 8.8a as follows:
|
(30 ILCS 105/5) (from Ch. 127, par. 141) |
Sec. 5. Special funds. |
(a) There are special funds in the State Treasury |
designated as specified in the Sections which succeed this |
Section 5 and precede Section 5d 6 . |
(b) Except as provided in the Illinois Vehicle Hijacking |
and Motor Vehicle Theft Prevention and Insurance Verification |
Act, when any special fund in the State Treasury is |
discontinued by an Act of the General Assembly, any balance |
remaining therein on the effective date of such Act shall be |
transferred to the General Revenue Fund, or to such other fund |
as such Act shall provide. Warrants outstanding against such |
discontinued fund at the time of the transfer of any such |
balance therein shall be paid out of the fund to which the |
transfer was made. |
(c) When any special fund in the State Treasury has been |
inactive for 18 months or longer, the Comptroller may |
terminate the fund, and the balance remaining in such fund |
shall be transferred by the Comptroller to the General Revenue |
Fund. When a special fund has been terminated by the |
Comptroller as provided in this Section, the General Assembly |
shall repeal or amend all Sections of the statutes creating or |
|
otherwise referring to that fund. |
The Comptroller shall be allowed the discretion to |
maintain or dissolve any federal trust fund which has been |
inactive for 18 months or longer. |
(d) (Blank). |
(e) (Blank). |
(Source: P.A. 102-904, eff. 1-1-23; 103-266, eff. 1-1-24 .)
|
(30 ILCS 105/6z-82) |
Sec. 6z-82. State Police Operations Assistance Fund. |
(a) There is created in the State treasury a special fund |
known as the State Police Operations Assistance Fund. The Fund |
shall receive revenue under the Criminal and Traffic |
Assessment Act. The Fund may also receive revenue from grants, |
donations, appropriations, and any other legal source. |
(a-5) (Blank). This Fund may charge, collect, and receive |
fees or moneys as described in Section 15-312 of the Illinois |
Vehicle Code , and receive all fees received by the Illinois |
State Police under that Section. The moneys shall be used by |
the Illinois State Police for its expenses in providing police |
escorts and commercial vehicle enforcement activities. |
(b) The Illinois State Police may use moneys in the Fund to |
finance any of its lawful purposes or functions. |
(c) Expenditures may be made from the Fund only as |
appropriated by the General Assembly by law. |
(d) Investment income that is attributable to the |
|
investment of moneys in the Fund shall be retained in the Fund |
for the uses specified in this Section. |
(e) The State Police Operations Assistance Fund shall not |
be subject to administrative chargebacks. |
(f) (Blank). |
(g) (Blank). |
(h) (Blank). Notwithstanding any other provision of law, |
in addition to any other transfers that may be provided by law, |
on the effective date of this amendatory Act of the 103rd |
General Assembly, or as soon thereafter as practical, the |
State Comptroller shall direct and the State Treasurer shall |
transfer the remaining balance from the State Police |
Streetgang-Related Crime Fund to the State Police Operations |
Assistance Fund. Upon completion of the transfers, the State |
Police Streetgang-Related Crime Fund is dissolved, and any |
future deposits into the State Police Streetgang-Related Crime |
Fund and any outstanding obligations or liabilities of the |
State Police Streetgang-Related Crime Fund pass to the State |
Police Operations Assistance Fund. |
(Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21; |
102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-34, eff. |
6-9-23; 103-363, eff. 7-28-23; revised 9-7-23.)
|
(30 ILCS 105/8.8a) (from Ch. 127, par. 144.8a) |
Sec. 8.8a. Appropriations for the sale or transfer of |
surplus or transferable property by the Department of Central |
|
Management Services, and for all other expenses incident to |
the handling, transportation, maintenance and storage of such |
surplus property, including personal services and contractual |
services connected therewith and for expenses incident to the |
establishment and operation of wastepaper recycling programs |
by the Department, are payable from the State Surplus Property |
Revolving Fund through the end of State fiscal year 2020, and |
shall be payable from the General Revenue Fund beginning in |
State fiscal year 2021 . |
(Source: P.A. 101-636, eff. 6-10-20.)
|
(30 ILCS 105/5.544 rep.) |
(30 ILCS 105/5.668 rep.) |
(30 ILCS 105/5.709 rep.) |
(30 ILCS 105/5.795 rep.) |
(30 ILCS 105/6p-3 rep.) |
Section 5-55. The State Finance Act is amended by |
repealing Sections 5.544, 5.668, 5.709, 5.795, and 6p-3.
|
(30 ILCS 145/Act rep.) |
Section 5-60. The Heritage Preservation Act is repealed.
|
(30 ILCS 175/Act rep.) |
Section 5-65. The United States Olympians Assistance Act |
is repealed.
|
|
(30 ILCS 190/Act rep.) |
Section 5-70. The Cash Management and Medicaid |
Maximization Act of 2011 is repealed.
|
Section 5-75. The Federal Commodity Disbursement Act is |
amended by changing Section 2 as follows:
|
(30 ILCS 255/2) (from Ch. 127, par. 176c) |
Sec. 2. Any officer, department or agency of this State |
who or which shall be designated by the Governor as the State |
Agency for Surplus Property Utilization is authorized to |
promulgate regulations for the carrying out of its |
distribution of surplus funds and commodities. All fees and |
moneys collected or received by the employees or agents of the |
State officer or agency who or which is designated as the |
receiving agency shall be deposited into the General Revenue |
Fund paid or turned over to and held by the State Treasurer as |
ex officio custodian thereof separate and apart from all |
public funds or moneys of this State and shall be known as the |
Federal account of the State Surplus Property Revolving Fund, |
to be administered by the designated State officer or agency. |
All disbursements from this fund shall be made only upon |
warrants of the State Comptroller drawn upon the Treasurer as |
custodian of this fund upon vouchers signed by the designated |
State officer or agency, and the Comptroller is hereby |
authorized to draw such warrants upon vouchers so signed. The |
|
Treasurer shall accept all warrants so signed and shall be |
released from liability for all payments made thereon . |
(Source: P.A. 83-9.)
|
(30 ILCS 750/Art. 2 rep.) |
Section 5-80. The Build Illinois Act is amended by |
repealing Article 2.
|
Section 5-85. The School Code is amended by changing |
Section 27-12.1 as follows:
|
(105 ILCS 5/27-12.1) (from Ch. 122, par. 27-12.1) |
Sec. 27-12.1. Consumer education. |
(a) Pupils in the public schools in grades 9 through 12 |
shall be taught and be required to study courses which include |
instruction in the area of consumer education, including but |
not necessarily limited to (i) understanding the basic |
concepts of financial literacy, including consumer debt and |
installment purchasing (including credit scoring, managing |
credit debt, and completing a loan application), budgeting, |
savings and investing, banking (including balancing a |
checkbook, opening a deposit account, and the use of interest |
rates), understanding simple contracts, State and federal |
income taxes, personal insurance policies, the comparison of |
prices, higher education student loans, identity-theft |
security, and homeownership (including the basic process of |
|
obtaining a mortgage and the concepts of fixed and adjustable |
rate mortgages, subprime loans, and predatory lending), and |
(ii) understanding the roles of consumers interacting with |
agriculture, business, labor unions and government in |
formulating and achieving the goals of the mixed free |
enterprise system. The State Board of Education shall devise |
or approve the consumer education curriculum for grades 9 |
through 12 and specify the minimum amount of instruction to be |
devoted thereto. |
(b) (Blank). |
(c) (Blank). The Financial Literacy Fund is created as a |
special fund in the State treasury. State funds and private |
contributions for the promotion of financial literacy shall be |
deposited into the Financial Literacy Fund. All money in the |
Financial Literacy Fund shall be used, subject to |
appropriation, by the State Board of Education to award grants |
to school districts for the following: |
(1) Defraying the costs of financial literacy training |
for teachers . |
(2) Rewarding a school or teacher who wins or achieves |
results at a certain level of success in a financial |
literacy competition . |
(3) Rewarding a student who wins or achieves results |
at a certain level of success in a financial literacy |
competition. |
(4) Funding activities, including books, games, field |
|
trips, computers, and other activities, related to |
financial literacy education. |
In awarding grants, every effort must be made to ensure |
that all geographic areas of the State are represented. |
(d) A school board may establish a special fund in which to |
receive public funds and private contributions for the |
promotion of financial literacy. Money in the fund shall be |
used for the following: |
(1) Defraying the costs of financial literacy training |
for teachers. |
(2) Rewarding a school or teacher who wins or achieves |
results at a certain level of success in a financial |
literacy competition. |
(3) Rewarding a student who wins or achieves results |
at a certain level of success in a financial literacy |
competition. |
(4) Funding activities, including books, games, field |
trips, computers, and other activities, related to |
financial literacy education. |
(e) The State Board of Education, upon the next |
comprehensive review of the Illinois Learning Standards, is |
urged to include the basic principles of personal insurance |
policies and understanding simple contracts. |
(Source: P.A. 99-284, eff. 8-5-15.)
|
Section 5-90. The Community Association Manager Licensing |
|
and Disciplinary Act is amended by changing Section 65 as |
follows:
|
(225 ILCS 427/65) |
(Section scheduled to be repealed on January 1, 2027) |
Sec. 65. Fees; Division of Real Estate General Fund. |
(a) The fees for the administration and enforcement of |
this Act, including, but not limited to, initial licensure, |
renewal, and restoration, shall be set by rule of the |
Department. The fees shall be nonrefundable. |
(b) In addition to the application fee, applicants for the |
examination are required to pay, either to the Department or |
the designated testing service, a fee covering the cost of |
determining an applicant's eligibility and providing the |
examination. Failure to appear for the examination on the |
scheduled date, at the time and place specified, after the |
applicant's application and fee for examination have been |
received and acknowledged by the Department or the designated |
testing service, shall result in the forfeiture of the fee. |
(c) All Prior to July 1, 2023, all fees, fines, penalties, |
or other monies received or collected pursuant to this Act |
shall be deposited in the Community Association Manager |
Licensing and Disciplinary Fund. Beginning on July 1, 2023, |
all fees, fines, penalties, or other monies received or |
collected pursuant to this Act shall be deposited in the |
Division of Real Estate General Fund. |
|
(d) Moneys in the Community Association Manager Licensing |
and Disciplinary Fund and the Division of Real Estate General |
Fund may be transferred to the Professions Indirect Cost Fund, |
as authorized under Section 2105-300 of the Department of |
Professional Regulation Law of the Civil Administrative Code |
of Illinois. |
(e) (Blank). Notwithstanding any other provision of law, |
in addition to any other transfers that may be provided by law, |
on July 1, 2023, or as soon thereafter as practical, the State |
Comptroller shall direct and the State Treasurer shall |
transfer the remaining balance from the Community Association |
Manager Licensing and Disciplinary Fund into the Division of |
Real Estate General Fund. Upon completion of the transfer, the |
Community Association Manager Licensing and Disciplinary Fund |
is dissolved, and any future deposits due to that Fund and any |
outstanding obligations or liabilities of that Fund pass to |
the Division of Real Estate General Fund. |
(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
|
Section 5-95. The Home Inspector License Act is amended by |
changing Sections 15-5 and 25-5 as follows:
|
(225 ILCS 441/15-5) |
(Section scheduled to be repealed on January 1, 2027) |
Sec. 15-5. Unlicensed practice; civil penalty. |
(a) Any person who practices, offers to practice, attempts |
|
to practice, or holds oneself out to practice home inspection |
or as a home inspector without being licensed under this Act |
shall, in addition to any other penalty provided by law, pay a |
civil penalty to the Department in an amount not to exceed |
$25,000 for each violation of this Act as determined by the |
Department. The civil penalty shall be assessed by the |
Department after a hearing is held in accordance with the |
provisions of this Act. |
(b) The Department has the authority and power to |
investigate any unlicensed activity. |
(c) A civil penalty shall be paid within 60 days after the |
effective date of the order imposing the civil penalty. The |
Department may petition the circuit court for a judgment to |
enforce the collection of the penalty. Any Prior to July 1, |
2023, any civil penalties collected under this Act shall be |
made payable to the Department and deposited into the Home |
Inspector Administration Fund. Beginning on July 1, 2023, any |
civil penalties collected under this Act shall be made payable |
to the Department and deposited into the Division of Real |
Estate General Fund. |
(Source: P.A. 102-970, eff. 5-27-22.)
|
(225 ILCS 441/25-5) |
(Section scheduled to be repealed on January 1, 2027) |
Sec. 25-5. Division of Real Estate General Fund; |
surcharge. |
|
(a) (Blank). The Home Inspector Administration Fund is |
created as a special fund in the State Treasury. Prior to July |
1, 2023, all fees, fines, and penalties received by the |
Department under this Act shall be deposited into the Home |
Inspector Administration Fund. All earnings attributable to |
investment of funds in the Home Inspector Administration Fund |
shall be credited to the Home Inspector Administration Fund. |
Subject to appropriation, the moneys in the Home Inspector |
Administration Fund shall be appropriated to the Department |
for the expenses incurred by the Department in the |
administration of this Act. |
(a-5) The Division of Real Estate General Fund is created |
as a special fund in the State Treasury. All Beginning on July |
1, 2023, all fees, fines, and penalties received by the |
Department under this Act shall be deposited into the Division |
of Real Estate General Fund. All earnings attributable to |
investment of funds in the Division of Real Estate General |
Fund shall be credited to the Division of Real Estate General |
Fund. Subject to appropriation, the moneys in the Division of |
Real Estate General Fund shall be appropriated to the |
Department for the expenses incurred by the Department in the |
administration of this Act. |
(b) (Blank). |
(c) (Blank). |
(c-5) Moneys in the Home Inspection Administration Fund |
and the Division of Real Estate General Fund may be |
|
transferred to the Professions Indirect Cost Fund, as |
authorized under Section 2105-300 of the Department of |
Professional Regulation Law of the Civil Administrative Code |
of Illinois. |
(d) Upon the completion of any audit of the Department, as |
prescribed by the Illinois State Auditing Act, that includes |
an audit of the Home Inspector Administration Fund or the |
Division of Real Estate General Fund, the Department shall |
make the audit report open to inspection by any interested |
person. |
(e) (Blank). Notwithstanding any other provision of law, |
in addition to any other transfers that may be provided by law, |
on July 1, 2023, or as soon thereafter as practical, the State |
Comptroller shall direct and the State Treasurer shall |
transfer the remaining balance from the Home Inspector |
Administration Fund into the Division of Real Estate General |
Fund. Upon completion of the transfer, the Home Inspector |
Administration Fund is dissolved, and any future deposits due |
to that Fund and any outstanding obligations or liabilities of |
that Fund pass to the Division of Real Estate General Fund. |
(Source: P.A. 102-970, eff. 5-27-22.)
|
Section 5-100. The Illinois Affordable Housing Act is |
amended by changing Sections 3 and 7 as follows:
|
(310 ILCS 65/3) (from Ch. 67 1/2, par. 1253) |
|
Sec. 3. Definitions. As used in this Act: |
(a) "Program" means the Illinois Affordable Housing |
Program. |
(b) "Trust Fund" means the Illinois Affordable Housing |
Trust Fund. |
(b-5) (Blank). "Capital Fund" means the Illinois |
Affordable Housing Capital Fund. |
(c) "Low-income household" means a single person, family |
or unrelated persons living together whose adjusted income is |
more than 50%, but less than 80%, of the median income of the |
area of residence, adjusted for family size, as such adjusted |
income and median income for the area are determined from time |
to time by the United States Department of Housing and Urban |
Development for purposes of Section 8 of the United States |
Housing Act of 1937. |
(d) "Very low-income household" means a single person, |
family or unrelated persons living together whose adjusted |
income is not more than 50% of the median income of the area of |
residence, adjusted for family size, as such adjusted income |
and median income for the area are determined from time to time |
by the United States Department of Housing and Urban |
Development for purposes of Section 8 of the United States |
Housing Act of 1937. |
(e) "Affordable housing" means residential housing that, |
so long as the same is occupied by low-income households or |
very low-income households, requires payment of monthly |
|
housing costs, including utilities other than telephone, of no |
more than 30% of the maximum allowable income as stated for |
such households as defined in this Section. |
(f) "Multi-family housing" means a building or buildings |
providing housing to 5 or more households. |
(g) "Single-family housing" means a building containing |
one to 4 dwelling units, including a mobile home as defined in |
subsection (b) of Section 3 of the Mobile Home Landlord and |
Tenant Rights Act, as amended. |
(h) "Community-based organization" means a not-for-profit |
entity whose governing body includes a majority of members who |
reside in the community served by the organization. |
(i) "Advocacy organization" means a not-for-profit |
organization which conducts, in part or in whole, activities |
to influence public policy on behalf of low-income or very |
low-income households. |
(j) "Program Administrator" means the Illinois Housing |
Development Authority. |
(k) "Funding Agent" means the Illinois Department of Human |
Services. |
(l) "Commission" means the Affordable Housing Advisory |
Commission. |
(m) "Congregate housing" means a building or structure in |
which 2 or more households, inclusive, share common living |
areas and may share child care, cleaning, cooking and other |
household responsibilities. |
|
(n) "Eligible applicant" means a proprietorship, |
partnership, for-profit corporation, not-for-profit |
corporation or unit of local government which seeks to use |
fund assets as provided in this Article. |
(o) "Moderate income household" means a single person, |
family or unrelated persons living together whose adjusted |
income is more than 80% but less than 120% of the median income |
of the area of residence, adjusted for family size, as such |
adjusted income and median income for the area are determined |
from time to time by the United States Department of Housing |
and Urban Development for purposes of Section 8 of the United |
States Housing Act of 1937. |
(p) "Affordable Housing Program Trust Fund Bonds or Notes" |
means the bonds or notes issued by the Program Administrator |
under the Illinois Housing Development Act to further the |
purposes of this Act. |
(q) "Trust Fund Moneys" means all moneys, deposits, |
revenues, income, interest, dividends, receipts, taxes, |
proceeds and other amounts or funds deposited or to be |
deposited into the Trust Fund pursuant to subsection (b) of |
Section 5 (b) of this Act and any proceeds, investments or |
increase thereof. |
(r) "Program Escrow" means accounts, except those accounts |
relating to any Affordable Housing Program Trust Fund Bonds or |
Notes, designated by the Program Administrator, into which |
Trust Fund Moneys are deposited. |
|
(s) "Common household pet" means a domesticated animal, |
such as a dog (canis lupus familiaris) or cat (felis catus), |
which is commonly kept in the home for pleasure rather than for |
commercial purposes. |
(Source: P.A. 102-283, eff. 1-1-22; 103-8, eff. 7-1-23.)
|
(310 ILCS 65/7) (from Ch. 67 1/2, par. 1257) |
Sec. 7. Powers of the Program Administrator. The Program |
Administrator, in addition to the powers set forth in the |
Illinois Housing Development Act and the powers identified in |
Sections 8 and 9 of this Act, has the power to: |
(a) identify, select and make financing available to |
eligible applicants from monies in the Trust Fund or the |
Capital Fund or from monies secured by the Trust Fund or |
the Capital Fund for affordable housing for low and very |
low-income families; |
(b) purchase first and second mortgages, to make |
secured, unsecured or deferred repayment loans, to make no |
interest or low interest loans or to issue grants, |
payments or subsidies for the predevelopment expenses, |
acquisition, construction, rehabilitation development, |
operation, insurance, or retention of projects in support |
of affordable single family and multi-family housing for |
low and very low-income households; |
(c) expend monies for mortgage participation |
certificates representing an undivided interest in |
|
specified, first-lien conventional residential Illinois |
mortgages which are underwritten, insured, guaranteed or |
purchased by the Federal Home Loan Mortgage Corporation; |
(d) fix, determine, charge and collect any fees, costs |
and expenses, including without limitation, any |
application fees, commitment or servicing fees, program |
fees, financing charges, or publication fees in connection |
with activities under this Act; |
(e) establish applications, notification procedures, |
and other forms, and to prepare and issue rules deemed |
necessary and appropriate to implement this Act with |
consultation from the Commission; and to issue emergency |
rules, as necessary, for program implementation needed |
prior to publication of the first annual plan required by |
Section 12 of this Act; |
(f) make and enter into and enforce all loans, loan |
commitments, contracts and agreements necessary, |
convenient or desirable to the performance of its duties |
and the execution of its powers under this Act; |
(g) consent, subject to the provisions of any contract |
or agreement with another person, whenever it deems it is |
necessary or desirable in the fulfillment of the purposes |
of this Act, to the modification or restructuring of any |
loan commitment, loan, contract or agreement to which the |
Program Administrator is a party; |
(h) acquire by purchase, gift, or foreclosure, but not |
|
by condemnation, any real or personal property, or any |
interest therein, to procure insurance against loss, to |
enter into any lease of property and to hold, sell, |
assign, lease, mortgage or otherwise dispose of any real |
or personal property, or any interest therein, or |
relinquish any right, title, claim, lien, interest, |
easement or demand however acquired, and to do any of the |
foregoing by public or private sale; |
(i) subject to the provisions of any contract or |
agreement with another party to collect, enforce the |
collection of, and foreclose on any property or collateral |
securing its loan or loans, mortgage or mortgages, and |
acquire or take possession of such property or collateral |
and release or relinquish any right, title, claim, lien, |
interest, easement, or demand in property foreclosed by it |
or to sell the same at public or private sale, with or |
without bidding, and otherwise deal with such collateral |
as may be necessary to protect the interest of the Program |
Administrator; |
(j) sell any eligible loan made by the Program |
Administrator or mortgage interest owned by it, at public |
or private sale, with or without bidding, either singly or |
in groups, or in shares of loans or shares of groups of |
loans, and to deposit and invest the funds derived from |
such sales in any manner authorized by this Act; |
(k) provide, contract or arrange, or participate with |
|
or enter into agreements with any department, agency or |
authority of the United States or of this State, or any |
local unit of government, or any banking institution, |
insurance company, trust or fiduciary or any foundation or |
not-for-profit agency for the review, application, |
servicing, processing or administration of any proposed |
loan, grant, application, servicing, processing or |
administration of any proposed loan, grant, agreement, or |
contract of the Department when such arrangement is in |
furtherance of this Act; |
(l) receive and accept any gifts, grants, donations or |
contributions from any source, of money, property, labor |
or other things of value, to be held, used and applied to |
carry out the purposes of this Act subject to including, |
but not limited to, gifts or grants from any Department or |
agency of the United States or the State or from any local |
unit of government, not-for-profit organization or private |
firm or individual for any purpose consistent with this |
Act; and |
(m) exercise such other powers as are necessary or |
incidental to the administration of this Act or |
performance of duties under this Act. |
(Source: P.A. 95-710, eff. 6-1-08 .)
|
(310 ILCS 65/5.5 rep.) |
(310 ILCS 65/8.5 rep.) |
|
Section 5-105. The Illinois Affordable Housing Act is |
amended by repealing Sections 5.5 and 8.5.
|
(410 ILCS 315/2b rep.) |
Section 5-110. The Communicable Disease Prevention Act is |
amended by repealing Section 2b.
|
Section 5-115. The Environmental Protection Act is amended |
by changing Section 58.15 as follows:
|
(415 ILCS 5/58.15) |
Sec. 58.15. Brownfields Programs. |
(A) Brownfields Redevelopment Loan Program. |
(a) The Agency shall establish and administer a revolving |
loan program to be known as the "Brownfields Redevelopment |
Loan Program" for the purpose of providing loans to be used for |
site investigation, site remediation, or both, at brownfields |
sites. All principal, interest, and penalty payments from |
loans made under this subsection (A) shall be deposited into |
the Brownfields Redevelopment Fund and reused in accordance |
with this Section. |
(b) General requirements for loans: |
(1) Loans shall be at or below market interest rates |
in accordance with a formula set forth in regulations |
promulgated under subdivision (A)(c) of this subsection |
(A). |
|
(2) Loans shall be awarded subject to availability of |
funding based on the order of receipt of applications |
satisfying all requirements as set forth in the |
regulations promulgated under subdivision (A)(c) of this |
subsection (A). |
(3) The maximum loan amount under this subsection (A) |
for any one project is $1,000,000. |
(4) In addition to any requirements or conditions |
placed on loans by regulation, loan agreements under the |
Brownfields Redevelopment Loan Program shall include the |
following requirements: |
(A) the loan recipient shall secure the loan |
repayment obligation; |
(B) completion of the loan repayment shall not |
exceed 15 years or as otherwise prescribed by Agency |
rule; and |
(C) loan agreements shall provide for a confession |
of judgment by the loan recipient upon default. |
(5) Loans shall not be used to cover expenses incurred |
prior to the approval of the loan application. |
(6) If the loan recipient fails to make timely |
payments or otherwise fails to meet its obligations as |
provided in this subsection (A) or implementing |
regulations, the Agency is authorized to pursue the |
collection of the amounts past due, the outstanding loan |
balance, and the costs thereby incurred, either pursuant |
|
to the Illinois State Collection Act of 1986 or by any |
other means provided by law, including the taking of |
title, by foreclosure or otherwise, to any project or |
other property pledged, mortgaged, encumbered, or |
otherwise available as security or collateral. |
(c) The Agency shall have the authority to enter into any |
contracts or agreements that may be necessary to carry out its |
duties or responsibilities under this subsection (A). The |
Agency shall have the authority to promulgate regulations |
setting forth procedures and criteria for administering the |
Brownfields Redevelopment Loan Program. The regulations |
promulgated by the Agency for loans under this subsection (A) |
shall include, but need not be limited to, the following |
elements: |
(1) loan application requirements; |
(2) determination of credit worthiness of the loan |
applicant; |
(3) types of security required for the loan; |
(4) types of collateral, as necessary, that can be |
pledged for the loan; |
(5) special loan terms, as necessary, for securing the |
repayment of the loan; |
(6) maximum loan amounts; |
(7) purposes for which loans are available; |
(8) application periods and content of applications; |
(9) procedures for Agency review of loan applications, |
|
loan approvals or denials, and loan acceptance by the loan |
recipient; |
(10) procedures for establishing interest rates; |
(11) requirements applicable to disbursement of loans |
to loan recipients; |
(12) requirements for securing loan repayment |
obligations; |
(13) conditions or circumstances constituting default; |
(14) procedures for repayment of loans and delinquent |
loans including, but not limited to, the initiation of |
principal and interest payments following loan acceptance; |
(15) loan recipient responsibilities for work |
schedules, work plans, reports, and record keeping; |
(16) evaluation of loan recipient performance, |
including auditing and access to sites and records; |
(17) requirements applicable to contracting and |
subcontracting by the loan recipient, including |
procurement requirements; |
(18) penalties for noncompliance with loan |
requirements and conditions, including stop-work orders, |
termination, and recovery of loan funds; and |
(19) indemnification of the State of Illinois and the |
Agency by the loan recipient. |
(d) Moneys in the Brownfields Redevelopment Fund may be |
used as a source of revenue or security for the principal and |
interest on revenue or general obligation bonds issued by the |
|
State or any political subdivision or instrumentality thereof, |
if the proceeds of those bonds will be deposited into the Fund.
|
(B) Brownfields Site Restoration Program. |
(a)(1) The Agency must establish and administer a |
program for the payment of remediation costs to be known as the |
Brownfields Site Restoration Program. The Agency, through the |
Program, shall provide Remediation Applicants with financial |
assistance for the investigation and remediation of abandoned |
or underutilized properties. The investigation and remediation |
shall be performed in accordance with this Title XVII of this |
Act. |
(2) For each State fiscal year in which funds are made |
available to the Agency for payment under this subsection (B), |
the Agency must, subject to the availability of funds, |
allocate 20% of the funds to be available to Remediation |
Applicants within counties with populations over 2,000,000. |
The remaining funds must be made available to all other |
Remediation Applicants in the State. |
(3) The Agency must not approve payment in excess of |
$750,000 to a Remediation Applicant for remediation costs |
incurred at a remediation site. Eligibility must be determined |
based on a minimum capital investment in the redevelopment of |
the site, and payment amounts must not exceed the net economic |
benefit to the State of the remediation project. In addition |
to these limitations, the total payment to be made to an |
|
applicant must not exceed an amount equal to 20% of the capital |
investment at the site. |
(4) Only those remediation projects for which a No |
Further Remediation Letter is issued by the Agency after |
December 31, 2001 are eligible to participate in the |
Brownfields Site Restoration Program. The program does not |
apply to any sites that have received a No Further Remediation |
Letter prior to December 31, 2001 or for costs incurred prior |
to the Agency approving a site eligible for the Brownfields |
Site Restoration Program. |
(5) Brownfields Site Restoration Program funds shall |
be subject to availability of funding and distributed based on |
the order of receipt of applications satisfying all |
requirements as set forth in this Section. |
(b) Prior to applying to the Agency for payment, a |
Remediation Applicant shall first submit to the Agency its |
proposed remediation costs. The Agency shall make a |
pre-application assessment, which is not to be binding upon |
future review of the project, relating only to whether the |
Agency has adequate funding to reimburse the applicant for the |
remediation costs if the applicant is found to be eligible for |
reimbursement of remediation costs. If the Agency determines |
that it is likely to have adequate funding to reimburse the |
applicant for remediation costs, the Remediation Applicant may |
then submit to the Agency an application for review of |
eligibility. The Agency must review the eligibility |
|
application to determine whether the Remediation Applicant is |
eligible for the payment. The application must be on forms |
prescribed and provided by the Agency. At a minimum, the |
application must include the following: |
(1) Information identifying the Remediation Applicant |
and the site for which the payment is being sought and the |
date of acceptance into the Site Remediation Program. |
(2) Information demonstrating that the site for which |
the payment is being sought is abandoned or underutilized |
property. "Abandoned property" means real property |
previously used for, or that has the potential to be used |
for, commercial or industrial purposes that reverted to |
the ownership of the State, a county or municipal |
government, or an agency thereof, through donation, |
purchase, tax delinquency, foreclosure, default, or |
settlement, including conveyance by deed in lieu of |
foreclosure; or privately owned property that has been |
vacant for a period of not less than 3 years from the time |
an application is made to the Agency. "Underutilized |
property" means real property of which less than 35% of |
the commercially usable space of the property and |
improvements thereon are used for their most commercially |
profitable and economically productive uses. |
(3) Information demonstrating that remediation of the |
site for which the payment is being sought will result in a |
net economic benefit to the State of Illinois. The "net |
|
economic benefit" must be determined based on factors |
including, but not limited to, the capital investment, the |
number of jobs created, the number of jobs retained if it |
is demonstrated the jobs would otherwise be lost, capital |
improvements, the number of construction-related jobs, |
increased sales, material purchases, other increases in |
service and operational expenditures, and other factors |
established by the Agency. Priority must be given to sites |
located in areas with high levels of poverty, where the |
unemployment rate exceeds the State average, where an |
enterprise zone exists, or where the area is otherwise |
economically depressed as determined by the Agency. |
(4) An application fee in the amount set forth in |
subdivision (B)(c) for each site for which review of an |
application is being sought. |
(c) The fee for eligibility reviews conducted by the |
Agency under this subsection (B) is $1,000 for each site |
reviewed. The application fee must be made payable to the |
Agency for deposit into the Brownfields Redevelopment Fund. |
These application fees shall be used by the Agency for |
administrative expenses incurred under this subsection (B). |
(d) Within 60 days after receipt by the Agency of an |
application meeting the requirements of subdivision (B)(b), |
the Agency must issue a letter to the applicant approving the |
application, approving the application with modifications, or |
disapproving the application. If the application is approved |
|
or approved with modifications, the Agency's letter must also |
include its determination of the "net economic benefit" of the |
remediation project and the maximum amount of the payment to |
be made available to the applicant for remediation costs. The |
payment by the Agency under this subsection (B) must not |
exceed the "net economic benefit" of the remediation project. |
(e) An application for a review of remediation costs must |
not be submitted to the Agency unless the Agency has |
determined the Remediation Applicant is eligible under |
subdivision (B)(d). If the Agency has determined that a |
Remediation Applicant is eligible under subdivision (B)(d), |
the Remediation Applicant may submit an application for |
payment to the Agency under this subsection (B). Except as |
provided in subdivision (B)(f), an application for review of |
remediation costs must not be submitted until a No Further |
Remediation Letter has been issued by the Agency and recorded |
in the chain of title for the site in accordance with Section |
58.10. The Agency must review the application to determine |
whether the costs submitted are remediation costs and whether |
the costs incurred are reasonable. The application must be on |
forms prescribed and provided by the Agency. At a minimum, the |
application must include the following: |
(1) Information identifying the Remediation Applicant |
and the site for which the payment is being sought and the |
date of acceptance of the site into the Site Remediation |
Program. |
|
(2) A copy of the No Further Remediation Letter with |
official verification that the letter has been recorded in |
the chain of title for the site and a demonstration that |
the site for which the application is submitted is the |
same site as the one for which the No Further Remediation |
Letter is issued. |
(3) A demonstration that the release of the regulated |
substances of concern for which the No Further Remediation |
Letter was issued was not caused or contributed to in any |
material respect by the Remediation Applicant. The Agency |
must make determinations as to reimbursement availability |
consistent with rules adopted by the Pollution Control |
Board for the administration and enforcement of Section |
58.9 of this Act. |
(4) A copy of the Agency's letter approving |
eligibility, including the net economic benefit of the |
remediation project. |
(5) An itemization and documentation, including |
receipts, of the remediation costs incurred. |
(6) A demonstration that the costs incurred are |
remediation costs as defined in this Act and rules adopted |
under this Act. |
(7) A demonstration that the costs submitted for |
review were incurred by the Remediation Applicant who |
received the No Further Remediation Letter. |
(8) An application fee in the amount set forth in |
|
subdivision (B)(j) for each site for which review of |
remediation costs is requested. |
(9) Any other information deemed appropriate by the |
Agency. |
(f) An application for review of remediation costs may be |
submitted to the Agency prior to the issuance of a No Further |
Remediation Letter if the Remediation Applicant has a Remedial |
Action Plan approved by the Agency under the terms of which the |
Remediation Applicant will remediate groundwater for more than |
one year. The Agency must review the application to determine |
whether the costs submitted are remediation costs and whether |
the costs incurred are reasonable. The application must be on |
forms prescribed and provided by the Agency. At a minimum, the |
application must include the following: |
(1) Information identifying the Remediation Applicant |
and the site for which the payment is being sought and the |
date of acceptance of the site into the Site Remediation |
Program. |
(2) A copy of the Agency letter approving the Remedial |
Action Plan. |
(3) A demonstration that the release of the regulated |
substances of concern for which the Remedial Action Plan |
was approved was not caused or contributed to in any |
material respect by the Remediation Applicant. The Agency |
must make determinations as to reimbursement availability |
consistent with rules adopted by the Pollution Control |
|
Board for the administration and enforcement of Section |
58.9 of this Act. |
(4) A copy of the Agency's letter approving |
eligibility, including the net economic benefit of the |
remediation project. |
(5) An itemization and documentation, including |
receipts, of the remediation costs incurred. |
(6) A demonstration that the costs incurred are |
remediation costs as defined in this Act and rules adopted |
under this Act. |
(7) A demonstration that the costs submitted for |
review were incurred by the Remediation Applicant who |
received approval of the Remediation Action Plan. |
(8) An application fee in the amount set forth in |
subdivision (B)(j) for each site for which review of |
remediation costs is requested. |
(9) Any other information deemed appropriate by the |
Agency. |
(g) For a Remediation Applicant seeking a payment under |
subdivision (B)(f), until the Agency issues a No Further |
Remediation Letter for the site, no more than 75% of the |
allowed payment may be claimed by the Remediation Applicant. |
The remaining 25% may be claimed following the issuance by the |
Agency of a No Further Remediation Letter for the site. For a |
Remediation Applicant seeking a payment under subdivision |
(B)(e), until the Agency issues a No Further Remediation |
|
Letter for the site, no payment may be claimed by the |
Remediation Applicant. |
(h)(1) Within 60 days after receipt by the Agency of |
an application meeting the requirements of subdivision (B)(e) |
or (B)(f), the Agency must issue a letter to the applicant |
approving, disapproving, or modifying the remediation costs |
submitted in the application. If an application is disapproved |
or approved with modification of remediation costs, then the |
Agency's letter must set forth the reasons for the disapproval |
or modification. |
(2) If a preliminary review of a budget plan has been |
obtained under subdivision (B)(i), the Remediation Applicant |
may submit, with the application and supporting documentation |
under subdivision (B)(e) or (B)(f), a copy of the Agency's |
final determination accompanied by a certification that the |
actual remediation costs incurred for the development and |
implementation of the Remedial Action Plan are equal to or |
less than the costs approved in the Agency's final |
determination on the budget plan. The certification must be |
signed by the Remediation Applicant and notarized. Based on |
that submission, the Agency is not required to conduct further |
review of the costs incurred for development and |
implementation of the Remedial Action Plan and may approve |
costs as submitted. |
(3) Within 35 days after receipt of an Agency letter |
disapproving or modifying an application for approval of |
|
remediation costs, the Remediation Applicant may appeal the |
Agency's decision to the Board in the manner provided for the |
review of permits in Section 40 of this Act. |
(i)(1) A Remediation Applicant may obtain a |
preliminary review of estimated remediation costs for the |
development and implementation of the Remedial Action Plan by |
submitting a budget plan along with the Remedial Action Plan. |
The budget plan must be set forth on forms prescribed and |
provided by the Agency and must include, but is not limited to, |
line item estimates of the costs associated with each line |
item (such as personnel, equipment, and materials) that the |
Remediation Applicant anticipates will be incurred for the |
development and implementation of the Remedial Action Plan. |
The Agency must review the budget plan along with the Remedial |
Action Plan to determine whether the estimated costs submitted |
are remediation costs and whether the costs estimated for the |
activities are reasonable. |
(2) If the Remedial Action Plan is amended by the |
Remediation Applicant or as a result of Agency action, the |
corresponding budget plan must be revised accordingly and |
resubmitted for Agency review. |
(3) The budget plan must be accompanied by the |
applicable fee as set forth in subdivision (B)(j). |
(4) Submittal of a budget plan must be deemed an |
automatic 60-day waiver of the Remedial Action Plan review |
deadlines set forth in this subsection (B) and rules adopted |
|
under this subsection (B). |
(5) Within the applicable period of review, the Agency |
must issue a letter to the Remediation Applicant approving, |
disapproving, or modifying the estimated remediation costs |
submitted in the budget plan. If a budget plan is disapproved |
or approved with modification of estimated remediation costs, |
the Agency's letter must set forth the reasons for the |
disapproval or modification. |
(6) Within 35 days after receipt of an Agency letter |
disapproving or modifying a budget plan, the Remediation |
Applicant may appeal the Agency's decision to the Board in the |
manner provided for the review of permits in Section 40 of this |
Act. |
(j) The fees for reviews conducted by the Agency under |
this subsection (B) are in addition to any other fees or |
payments for Agency services rendered pursuant to the Site |
Remediation Program and are as follows: |
(1) The fee for an application for review of |
remediation costs is $1,000 for each site reviewed. |
(2) The fee for the review of the budget plan |
submitted under subdivision (B)(i) is $500 for each site |
reviewed. |
The application fee and the fee for the review of the |
budget plan must be made payable to the State of Illinois, for |
deposit into the Brownfields Redevelopment Fund. |
(k) Moneys in the Brownfields Redevelopment Fund may be |
|
used for the purposes of this Section, including payment for |
the costs of administering this subsection (B). Any moneys |
remaining in the Brownfields Site Restoration Program Fund on |
the effective date of this amendatory Act of the 92nd General |
Assembly shall be transferred to the Brownfields Redevelopment |
Fund. Total payments made to all Remediation Applicants by the |
Agency for purposes of this subsection (B) must not exceed |
$1,000,000 in State fiscal year 2002. |
(l) The Agency is authorized to enter into any contracts |
or agreements that may be necessary to carry out the Agency's |
duties and responsibilities under this subsection (B). |
(m) Within 6 months after July 23, 2002 ( the effective |
date of Public Act 92-715) this amendatory Act of 2002 , the |
Department of Commerce and Community Affairs (now Department |
of Commerce and Economic Opportunity) and the Agency must |
propose rules prescribing procedures and standards for the |
administration of this subsection (B). Within 9 months after |
receipt of the proposed rules, the Board shall adopt on second |
notice, pursuant to Sections 27 and 28 of this Act and the |
Illinois Administrative Procedure Act, rules that are |
consistent with this subsection (B). Prior to the effective |
date of rules adopted under this subsection (B), the |
Department of Commerce and Community Affairs (now Department |
of Commerce and Economic Opportunity) and the Agency may |
conduct reviews of applications under this subsection (B) and |
the Agency is further authorized to distribute guidance |
|
documents on costs that are eligible or ineligible as |
remediation costs. |
(Source: P.A. 102-444, eff. 8-20-21.)
|
Section 5-120. The Radiation Protection Act of 1990 is |
amended by changing Section 35 as follows:
|
(420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35) |
(Section scheduled to be repealed on January 1, 2027) |
Sec. 35. Radiation Protection Fund. |
(a) All moneys received by the Agency under this Act shall |
be deposited in the State treasury and shall be set apart in a |
special fund to be known as the " Radiation Protection Fund " . |
All monies within the Radiation Protection Fund shall be |
invested by the State Treasurer in accordance with established |
investment practices. Interest earned by such investment shall |
be returned to the Radiation Protection Fund. Monies deposited |
in this Fund shall be expended by the Agency pursuant to |
appropriation to support the activities of the Agency under |
this Act and as provided in the Laser System Act of 1997 and |
the Radon Industry Licensing Act, or to fund any other |
administrative or operational costs of the Agency. |
(b) (Blank). On August 15, 1997, all moneys remaining in |
the Federal Facilities Compliance Fund shall be transferred to |
the Radiation Protection Fund. |
(Source: P.A. 97-732, eff. 6-30-12 .)
|
|
Section 5-125. The Fire Investigation Act is amended by |
changing Section 13.1 as follows:
|
(425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1) |
Sec. 13.1. Fire Prevention Fund. |
(a) There shall be a special fund in the State Treasury |
known as the Fire Prevention Fund. |
(b) The following moneys shall be deposited into the Fund: |
(1) Moneys received by the Department of Insurance |
under Section 12 of this Act. |
(2) All fees and reimbursements received by the |
Office. |
(3) All receipts from boiler and pressure vessel |
certification, as provided in Section 13 of the Boiler and |
Pressure Vessel Safety Act. |
(4) Such other moneys as may be provided by law. |
(c) The moneys in the Fire Prevention Fund shall be used, |
subject to appropriation, for the following purposes: |
(1) Of the moneys deposited into the fund under |
Section 12 of this Act, 12.5% shall be available for the |
maintenance of the Illinois Fire Service Institute and the |
expenses, facilities, and structures incident thereto, and |
for making transfers into the General Obligation Bond |
Retirement and Interest Fund for debt service requirements |
on bonds issued by the State of Illinois after January 1, |
|
1986 for the purpose of constructing a training facility |
for use by the Institute. An additional 2.5% of the moneys |
deposited into the Fire Prevention Fund shall be available |
to the Illinois Fire Service Institute for support of the |
Cornerstone Training Program. |
(2) Of the moneys deposited into the Fund under |
Section 12 of this Act, 10% shall be available for the |
maintenance of the Chicago Fire Department Training |
Program and the expenses, facilities, and structures |
incident thereto, in addition to any moneys payable from |
the Fund to the City of Chicago pursuant to the Illinois |
Fire Protection Training Act. |
(3) For making payments to local governmental agencies |
and individuals pursuant to Section 10 of the Illinois |
Fire Protection Training Act. |
(4) For the maintenance and operation of the Office of |
the State Fire Marshal, and the expenses incident thereto. |
(4.5) For the maintenance, operation, and capital |
expenses of the Mutual Aid Box Alarm System (MABAS). |
(4.6) For grants awarded under by the Small |
Fire-fighting and Ambulance Service Equipment Grant |
Program established by Section 2.7 of the State Fire |
Marshal Act. |
(4.7) For grants awarded under the Fire Station |
Rehabilitation and Construction Grant Program established |
by Section 2.8 of the State Fire Marshal Act. |
|
(5) For any other purpose authorized by law. |
(c-5) As soon as possible after April 8, 2008 (the |
effective date of Public Act 95-717), the Comptroller shall |
order the transfer and the Treasurer shall transfer $2,000,000 |
from the Fire Prevention Fund to the Fire Service and Small |
Equipment Fund, $9,000,000 from the Fire Prevention Fund to |
the Fire Truck Revolving Loan Fund, and $4,000,000 from the |
Fire Prevention Fund to the Ambulance Revolving Loan Fund. |
Beginning on July 1, 2008, each month, or as soon as practical |
thereafter, an amount equal to $2 from each fine received |
shall be transferred from the Fire Prevention Fund to the Fire |
Service and Small Equipment Fund, an amount equal to $1.50 |
from each fine received shall be transferred from the Fire |
Prevention Fund to the Fire Truck Revolving Loan Fund, and an |
amount equal to $4 from each fine received shall be |
transferred from the Fire Prevention Fund to the Ambulance |
Revolving Loan Fund. These moneys shall be transferred from |
the moneys deposited into the Fire Prevention Fund pursuant to |
Public Act 95-154, together with not more than 25% of any |
unspent appropriations from the prior fiscal year. These |
moneys may be allocated to the Fire Truck Revolving Loan Fund |
and , Ambulance Revolving Loan Fund , and Fire Service and Small |
Equipment Fund at the discretion of the Office for the purpose |
of implementation of this Act. |
(d) Any portion of the Fire Prevention Fund remaining |
unexpended at the end of any fiscal year which is not needed |
|
for the maintenance and expenses of the Office or the |
maintenance and expenses of the Illinois Fire Service |
Institute shall remain in the Fire Prevention Fund for the |
exclusive and restricted uses provided in subsections (c) and |
(c-5) of this Section. |
(e) The Office shall keep on file an itemized statement of |
all expenses incurred which are payable from the Fund, other |
than expenses incurred by the Illinois Fire Service Institute, |
and shall approve all vouchers issued therefor before they are |
submitted to the State Comptroller for payment. Such vouchers |
shall be allowed and paid in the same manner as other claims |
against the State. |
(Source: P.A. 102-558, eff. 8-20-21; 103-8, eff. 6-7-23.)
|
Section 5-130. The Illinois Vehicle Code is amended by |
changing Section 3-626 as follows:
|
(625 ILCS 5/3-626) |
Sec. 3-626. Korean War Veteran license plates. |
(a) In addition to any other special license plate, the |
Secretary, upon receipt of all applicable fees and |
applications made in the form prescribed by the Secretary of |
State, may issue special registration plates designated as |
Korean War Veteran license plates to residents of Illinois who |
participated in the United States Armed Forces during the |
Korean War. The special plate issued under this Section shall |
|
be affixed only to passenger vehicles of the first division, |
motorcycles, motor vehicles of the second division weighing |
not more than 8,000 pounds, and recreational vehicles as |
defined by Section 1-169 of this Code. Plates issued under |
this Section shall expire according to the staggered |
multi-year procedure established by Section 3-414.1 of this |
Code. |
(b) The design, color, and format of the plates shall be |
wholly within the discretion of the Secretary of State. The |
Secretary may, in his or her discretion, allow the plates to be |
issued as vanity plates or personalized in accordance with |
Section 3-405.1 of this Code. The plates are not required to |
designate "Land Of Lincoln", as prescribed in subsection (b) |
of Section 3-412 of this Code. The Secretary shall prescribe |
the eligibility requirements and, in his or her discretion, |
shall approve and prescribe stickers or decals as provided |
under Section 3-412. |
(c) (Blank). |
(d) (Blank). The Korean War Memorial Construction Fund is |
created as a special fund in the State treasury. All moneys in |
the Korean War Memorial Construction Fund shall, subject to |
appropriation, be used by the Department of Veterans' Affairs |
to provide grants for construction of the Korean War Memorial |
to be located at Oak Ridge Cemetery in Springfield, Illinois. |
Upon the completion of the Memorial, the Department of |
Veterans' Affairs shall certify to the State Treasurer that |
|
the construction of the Memorial has been completed. At the |
direction of and upon notification of the Secretary of State, |
the State Comptroller shall direct and the State Treasurer |
shall transfer all moneys in the Fund and any future deposits |
into the Fund into the Secretary of State Special License |
Plate Fund. Upon completion of the transfer, the Korean War |
Memorial Construction Fund is dissolved. |
(e) An individual who has been issued Korean War Veteran |
license plates for a vehicle and who has been approved for |
benefits under the Senior Citizens and Persons with |
Disabilities Property Tax Relief Act shall pay the original |
issuance and the regular annual fee for the registration of |
the vehicle as provided in Section 3-806.3 of this Code. |
(Source: P.A. 103-8, eff. 6-7-23.)
|
(710 ILCS 40/10 rep.) |
Section 5-135. The Reviewing Court Alternative Dispute |
Resolution Act is amended by repealing Section 10.
|
Section 5-140. The Unified Code of Corrections is amended |
by changing Section 3-4-1 as follows:
|
(730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1) |
Sec. 3-4-1. Gifts and Grants; Special Trusts Funds; |
Department of Corrections Reimbursement and Education Fund. |
(a) The Department may accept, receive and use, for and in |
|
behalf of the State, any moneys, goods or services given for |
general purposes of this Code by the federal government or |
from any other source, public or private, including |
collections from inmates, reimbursement of payments under the |
Workers' Compensation Act, and commissions from inmate collect |
call telephone systems under an agreement with the Department |
of Central Management Services. For these purposes the |
Department may comply with such conditions and enter into such |
agreements upon such covenants, terms, and conditions as the |
Department may deem necessary or desirable, if the agreement |
is not in conflict with State law. |
(a-5) Beginning January 1, 2018, the Department of Central |
Management Services shall contract with the qualified vendor |
who proposes the lowest per minute rate not exceeding 7 cents |
per minute for debit, prepaid, collect calls and who does not |
bill to any party any tax, service charge, or additional fee |
exceeding the per minute rate, including, but not limited to, |
any per call surcharge, account set up fee, bill statement |
fee, monthly account maintenance charge, or refund fee as |
established by the Federal Communications Commission Order for |
state prisons in the Matter of Rates for Interstate Inmate |
Calling Services, Second Report and Order, WC Docket 12-375, |
FCC 15-136 (adopted Oct. 22, 2015). Telephone services made |
available through a prepaid or collect call system shall |
include international calls; those calls shall be made |
available at reasonable rates subject to Federal |
|
Communications Commission rules and regulations, but not to |
exceed 23 cents per minute. Public Act 99-878 applies to any |
new or renewal contract for inmate calling services. |
(b) The On July 1, 1998, the Department of Corrections |
Reimbursement Fund and the Department of Corrections Education |
Fund shall be combined into a single fund to be known as the |
Department of Corrections Reimbursement and Education Fund , |
which is hereby created as a special fund in the State |
Treasury. The moneys deposited into the Department of |
Corrections Reimbursement and Education Fund shall be |
appropriated to the Department of Corrections for the expenses |
of the Department. |
The following shall be deposited into the Department of |
Corrections Reimbursement and Education Fund: |
(i) Moneys received or recovered by the Department of |
Corrections as reimbursement for expenses incurred for the |
incarceration of committed persons. |
(ii) Moneys received or recovered by the Department as |
reimbursement of payments made under the Workers' |
Compensation Act. |
(iii) Moneys received by the Department as commissions |
from inmate collect call telephone systems. |
(iv) Moneys received or recovered by the Department as |
reimbursement for expenses incurred by the employment of |
persons referred to the Department as participants in the |
federal Job Training Partnership Act programs. |
|
(v) Federal moneys, including reimbursement and |
advances for services rendered or to be rendered and |
moneys for other than educational purposes, under grant or |
contract. |
(vi) Moneys identified for deposit into the Fund under |
Section 13-44.4 of the School Code. |
(vii) (Blank). Moneys in the Department of Corrections |
Reimbursement Fund and the Department of Corrections |
Education Fund at the close of business on June 30, 1998. |
(c) The Department of Juvenile Justice Reimbursement and |
Education Fund is created as a special fund in the State |
Treasury. The moneys deposited into the Department of Juvenile |
Justice Reimbursement Fund and Education shall be appropriated |
to the Department of Juvenile Justice for the expenses of the |
Department. The following moneys shall be deposited into the |
Department of Juvenile Justice Reimbursement Fund and |
Education Fund: |
(i) received or recovered by the Department of |
Juvenile Justice as reimbursement for expenses incurred |
for the incarceration of committed youth; |
(ii) received or recovered by the Department as |
reimbursement of payments made under the Workers' |
Compensation Act; |
(iii) received or recovered by the Department as |
reimbursement for expenses incurred by the employment of |
persons referred to the Department as participants in the |
|
federal Job Training Partnership Act programs; |
(iv) federal moneys, including reimbursement and |
advances for services rendered or to be rendered and |
moneys for other than educational purposes, under grant or |
contract; and |
(v) moneys identified for deposit into the Fund under |
Section 13-44.6 of the School Code. |
(Source: P.A. 102-350, eff. 8-13-21; 102-699, eff. 7-1-22.)
|
(730 ILCS 5/3-2-2.1 rep.) |
Section 5-145. The Unified Code of Corrections is amended |
by repealing Section 3-2-2.1.
|
Section 5-150. The Sex Offender Registration Act is |
amended by changing Section 11 as follows:
|
(730 ILCS 150/11) |
Sec. 11. Offender Registration Fund. There is created the |
Offender Registration Fund (formerly known as the Sex Offender |
Registration Fund). Moneys in the Fund shall be used to cover |
costs incurred by the criminal justice system to administer |
this Article and the Murderer and Violent Offender Against |
Youth Registration Act, and for purposes as authorized under |
this Section. The Illinois State Police shall establish and |
promulgate rules and procedures regarding the administration |
of this Fund. Fifty percent of the moneys in the Fund shall be |
|
allocated by the Department for sheriffs' offices and police |
departments. The remaining moneys in the Fund received under |
Public Act 101-571 this amendatory Act of the 101st General |
Assembly shall be allocated to the Illinois State Police for |
education and administration of the Act. |
Notwithstanding any other provision of law, in addition to |
any other transfers that may be provided by law, on the |
effective date of this amendatory Act of the 103rd General |
Assembly, or as soon thereafter as practical, the State |
Comptroller shall direct and the State Treasurer shall |
transfer the remaining balance from the Sex Offender |
Investigation Fund to the Offender Registration Fund. Upon |
completion of the transfers, the Sex Offender Investigation |
Fund is dissolved, and any future deposits into the Sex |
Offender Investigation Fund and any outstanding obligations or |
liabilities of the Sex Offender Investigation Fund pass to the |
Offender Registration Fund. |
(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 6-9-23.)
|
Article 10.
|
Section 10-5. The State Budget Law of the Civil |
Administrative Code of Illinois is amended by changing Section |
50-25 as follows:
|
(15 ILCS 20/50-25) |
|
Sec. 50-25. Statewide prioritized goals. |
(a) Definitions. As used in this Section: |
"Commission" means the Budgeting for Results Commission |
established by this Section. |
"Result area" means major organizational categories of |
State government as defined by the Governor. |
"Outcome area" means subcategories of result areas that |
further define, and facilitate the measurement of the result |
area, as established by the Governor. |
(b) Statewide prioritized goals. For fiscal year 2025 and |
each fiscal year thereafter, prior to the submission of the |
State budget, the Governor, in consultation with the |
Commission established under this Section, shall: (i) identify |
statewide result areas that are most important for each State |
agency of the executive branch under the jurisdiction of the |
Governor to achieve for the next fiscal year and (ii) identify |
outcome areas, which further define the statewide result |
areas, into which State programs and associated spending can |
be categorized. There must be a reasonable number of annually |
defined statewide result and outcome areas defining State |
priorities for the budget. Each result and outcome shall be |
further defined to facilitate success in achieving that result |
or outcome. |
(c) Budgeting for Results Commission. On or after July 31, |
2024, the Governor shall establish an advisory a commission |
for the purpose of advising the Governor in the implementation |
|
of performance-based budgeting in Illinois State government, |
setting statewide result and outcome areas, and providing |
oversight and guidance for comprehensive program assessments |
and benefit-cost analysis of State agency programs. |
(1) Membership. The commission shall be composed of |
voting and non-voting members appointed by the Governor. |
The commission shall be a well-balanced group and shall be |
not more than 15 and not less than 8 members. Members |
appointed by the Governor shall serve a three-year term, |
beginning and ending on July 1 of each year. Vacancies in |
Commission membership shall be filled in the same manner |
as initial appointments. Appointments to fill vacancies |
occurring before the expiration of a term shall be for the |
remainder of the term. Members shall serve until their |
successors are appointed. |
(2) Bylaws. The commission may adopt bylaws for the |
regulation of its affairs and the conduct of its business. |
(3) Quorum. Total membership of the Commission |
consists of the number of voting members serving on the |
Commission, not including any vacant positions. A quorum |
consists of a simple majority of total voting membership |
and shall be sufficient to conduct the business of the |
commission, unless stipulated otherwise in the bylaws of |
the commission. A member may submit a proxy in writing to |
the Commission Co-Chairs or the Commission Staff Director |
no later than 24 hours before a scheduled meeting, and |
|
that proxy shall count toward the quorum for that meeting |
only. |
(4) Chairpersons. Two Co-Chairs of the commission |
shall be appointed by the Governor. The Co-Chairs shall be |
one member of the General Assembly and one person who is |
not a member of the General Assembly. |
(5) Meetings. The commission shall hold at least 2 |
in-person public meetings during each fiscal year. One |
meeting shall be held in the City of Chicago and one |
meeting shall be held in the City of Springfield. The |
commission may choose by a majority vote of its members to |
hold one virtual meeting, which is open to the public and |
over the Internet, in lieu of the 2 in-person public |
meetings required under this Section. |
(6) Compensation. Members shall not receive |
compensation for their services. |
(7) Annual report. By November 1 of each year, the |
commission shall submit a report to the Governor and the |
General Assembly setting forth recommendations with |
respect to the Governor's implementation of |
performance-based budgeting in Illinois State government. |
The report shall be published on the Governor's Office of |
Management and Budget's website. In its report, the |
commission shall report on the status of comprehensive |
program assessments and benefit cost analysis of state |
agency programs conducted during the prior year. |
|
The commission shall also review existing statutory |
mandates and include in its report recommendations for the |
repeal or modification of statutory mandates and funds or the |
State treasury which are out-of-date or unduly burdensome to |
the operations of State government. |
The General Assembly may object to the commission's report |
by passing a joint resolution detailing the General Assembly's |
objections. |
(d) In addition, each other constitutional officer of the |
executive branch, in consultation with the appropriation |
committees of the General Assembly, shall: (i) prioritize |
outcomes that are most important for his or her office to |
achieve for the next fiscal year and (ii) set goals to |
accomplish those outcomes according to the priority of the |
outcome. The Governor and each constitutional officer shall |
separately conduct performance analyses to determine which |
programs, strategies, and activities will best achieve those |
desired outcomes. The Governor shall recommend that |
appropriations be made to State agencies and officers for the |
next fiscal year based on the agreed upon result and outcome |
areas. Each agency and officer may develop its own strategies |
for meeting those goals and shall review and analyze those |
strategies on a regular basis. The Governor shall also |
implement procedures to measure annual progress toward the |
State's statewide results and outcomes and shall develop a |
statewide reporting system that collects performance data from |
|
all programs under the authority of the Governor. Those |
performance measures and results shall be posted on the |
Governor's Office of Management and Budget website. |
(Source: P.A. 102-801, eff. 5-13-22; 103-8, eff. 6-7-23.)
|
Section 10-15. The High Technology School-to-Work Act is |
amended by changing Sections 20 and 40 as follows:
|
(20 ILCS 701/20) |
Sec. 20. Coordination with economic development |
activities. The Department may must coordinate the |
administration of the High Technology School-to-Work Program, |
including the targeting of projects, with the Department's |
technology related planning and economic development |
initiatives. |
(Source: P.A. 92-250, eff. 8-3-01.)
|
(20 ILCS 701/40) |
Sec. 40. Duties. The Department may has the following |
duties : |
(1) Establish To establish and coordinate the High |
Technology School-to-Work Program. |
(2) Subject to appropriations, to make grants to local |
partnerships to administer high technology school-to-work |
projects. |
(3) Periodically To periodically identify high |
|
technology industries and occupations for which training |
programs may be developed pursuant to the requirements of |
this Act. |
(4) Issue To issue guidelines for submitting grant |
applications. |
(5) Adopt To adopt , amend, or repeal any rules that |
may be necessary to administer this Act. |
(Source: P.A. 92-250, eff. 8-3-01.)
|
(20 ILCS 605/605-360 rep.) |
Section 10-17. The Department of Commerce and Economic |
Opportunity Law of the Civil Administrative Code of Illinois |
is amended by repealing Section 605-360.
|
(20 ILCS 1305/10-63 rep.) |
Section 10-20. The Department of Human Services Act is |
amended by repealing Section 10-63.
|
(20 ILCS 2335/Act rep.) |
Section 10-25. The Community Health Worker Advisory Board |
Act is repealed.
|
Section 10-30. The Department of Veterans' Affairs Act is |
amended by changing Sections 2.07 and 2.13 as follows:
|
(20 ILCS 2805/2.07) (from Ch. 126 1/2, par. 67.07) |
|
Sec. 2.07. The Department shall employ and maintain |
sufficient and qualified staff at the veterans' homes (i) to |
fill all beds, subject to appropriation, and (ii) to fulfill |
the requirements of this Act. The Department shall report to |
the General Assembly, by February January 1 , for the reporting |
period of July 1 through December 31, and August July 1 , for |
the reporting period of January 1 through June 30, of each |
year, the number of staff employed in providing direct patient |
care at their veterans' homes, the compliance or noncompliance |
with staffing standards established by the United States |
Department of Veterans Affairs for such care, and in the event |
of noncompliance with such standards, the number of staff |
required for compliance. For purposes of this Section, a nurse |
who has a license application pending with the State shall not |
be deemed unqualified by the Department if the nurse is in |
compliance with Section 50-15 of the Nurse Practice Act. |
A veterans home is subject to the Health Care Violence |
Prevention Act. |
(Source: P.A. 100-1051, eff. 1-1-19 .)
|
(20 ILCS 2805/2.13) |
Sec. 2.13. Veterans Homes; complaints; communicable |
disease reports. |
(a) As used in this Section: |
"Case" means a person that lived as a resident in a |
Veterans Home and had an illness due to a communicable |
|
disease. |
"Communicable disease" means an illness due to a specific |
infectious agent or its toxic products that arises through |
transmission of that agent or its products from an infected |
person, animal, or inanimate source to a susceptible host, |
either directly or indirectly, through an intermediate plant |
or animal host, a vector, or the inanimate environment. |
(b) The Department shall submit a bi-annual report to the |
General Assembly by February January 1 , for the reporting |
period of July 1 through December 31, and August July 1 , for |
the reporting period of January 1 through June 30, of each year |
about the health and welfare of residents at Veterans Homes. |
The report shall be filed electronically with the General |
Assembly, as provided under Section 3.1 of the General |
Assembly Organization Act, and shall be provided |
electronically to any member of the General Assembly upon |
request. Each report shall include, but not be limited to, the |
following: |
(1) the number and nature of complaints made by |
residents, a resident's emergency contacts or next of kin, |
or a resident's power of attorney during the quarter; |
(2) information on any epidemic reported at a Veterans |
Home during the quarter; and |
(3) the number of cases and information on the cases, |
including, but not limited to, any dates a resident showed |
signs and symptoms of having a communicable disease, any |
|
dates of a confirmed diagnosis of any resident with a |
communicable disease, and the action taken by the Veterans |
Home to eradicate the spread of communicable disease, |
during the quarter. |
(Source: P.A. 100-1103, eff. 8-27-18.)
|
Section 10-35. The Governor's Office of Management and |
Budget Act is amended by changing Section 5.1 as follows:
|
(20 ILCS 3005/5.1) (from Ch. 127, par. 415) |
Sec. 5.1. Under such regulations as the Governor may |
prescribe, every State agency, other than State colleges and |
universities, agencies of legislative and judicial branches of |
State government, and elected State executive officers not |
including the Governor, shall file with the Commission on |
Government Forecasting and Accountability all applications for |
federal grants, contracts and agreements. The Commission on |
Government Forecasting and Accountability shall immediately |
forward all such materials to the Office for the Office's |
approval. Any application for federal funds which has not |
received Office approval shall be considered void and any |
funds received as a result of such application shall be |
returned to the federal government before they are spent. Each |
State agency subject to this Section shall, at least 45 days |
before submitting its application to the federal agency, |
report in detail to the Commission on Government Forecasting |
|
and Accountability what the grant is intended to accomplish |
and the specific plans for spending the federal dollars |
received pursuant to the grant. The Commission on Government |
Forecasting and Accountability shall immediately review such |
forward such materials to the Office. The Office may approve |
the submission of an application to the federal agency in less |
than 45 days after its receipt by the Office when the Office |
determines that the circumstances require an expedited |
application. Such reports of applications and plans of |
expenditure , which shall include but shall not be limited to: |
(1) an estimate of both the direct and indirect costs |
in non-federal revenues of participation in the federal |
program; |
(2) the probable length of duration of the program, a |
schedule of fund receipts and an estimate of the cost to |
the State of maintaining the program if and when the |
federal financial assistance or grant is terminated; |
(3) a list of State or local agencies utilizing the |
financial assistance as direct recipients or subgrantees; |
(4) a description of each program proposed to be |
funded by the financial assistance or grant; and |
(5) a description of any financial, program or |
planning commitment on the part of the State required by |
the federal government as a requirement for receipt of the |
financial assistance or grant. |
All State agencies subject to this Section shall |
|
immediately file with the Commission on Government Forecasting |
and Accountability any awards of federal funds and any and all |
changes in the programs, in awards, in program duration, in |
schedule of fund receipts, and in estimated costs to the State |
of maintaining the program if and when federal assistance is |
terminated, or in direct and indirect costs, of any grant |
under which they are or expect to be receiving federal funds. |
The Commission on Government Forecasting and Accountability |
shall immediately forward such materials to the Office. |
The Office in cooperation with the Commission on |
Government Forecasting and Accountability shall develop |
standard forms and a system of identifying numbers for the |
applications and reports required by this Section. Upon |
receipt from the State agencies of each application and |
report, the Commission on Government Forecasting and |
Accountability shall promptly designate the appropriate |
identifying number therefor and communicate such number to the |
respective State agency, the Comptroller and the Office. |
Each State agency subject to this Section shall include in |
each report to the Comptroller of the receipt of federal funds |
the identifying number applicable to the grant under which |
such funds are received. |
(Source: P.A. 100-1148, eff. 12-10-18.)
|
Section 10-40. The Legislative Commission Reorganization |
Act of 1984 is amended by changing Section 4-2.1 as follows:
|
|
(25 ILCS 130/4-2.1) |
Sec. 4-2.1. Federal program functions. The Commission on |
Government Forecasting and Accountability is established as |
the information center for the General Assembly in the field |
of federal-state relations and as State Central Information |
Reception Agency for the purpose of receiving information from |
federal agencies under the United States Office of Management |
and Budget circular A-98 and the United States Department of |
the Treasury Circular TC-1082 or any successor circulars |
promulgated under authority of the United States |
Inter-governmental Cooperation Act of 1968. Its powers and |
duties in this capacity include, but are not limited to: |
(a) Compiling and maintaining current information on |
available and pending federal aid programs for the use of |
the General Assembly and legislative agencies; |
(b) Analyzing the relationship of federal aid programs |
with state and locally financed programs, and assessing |
the impact of federal aid programs on the State generally; |
(c) Reporting annually to the General Assembly on the |
adequacy of programs financed by federal aid in the State, |
the types and nature of federal aid programs in which |
State agencies or local governments did not participate, |
and to make recommendations on such matters; |
(d) Cooperating with the Governor's Office of |
Management and Budget and with any State of Illinois |
|
offices located in Washington, D.C., in obtaining |
information concerning federal grant-in-aid legislation |
and proposals having an impact on the State of Illinois; |
(e) (Blank); Cooperating with the Governor's Office of |
Management and Budget in developing forms and identifying |
number systems for the documentation of applications, |
awards, receipts and expenditures of federal funds by |
State agencies; |
(f) Receiving from every State agency, other than |
State colleges and universities, agencies of legislative |
and judicial branches of State government, and elected |
State executive officers not including the Governor, all |
applications for federal grants, contracts and agreements |
and notification of any awards of federal funds and any |
and all changes in the programs, in awards, in program |
duration, in schedule of fund receipts, and in estimated |
costs to the State of maintaining the program if and when |
federal assistance is terminated, or in direct and |
indirect costs, of any grant under which they are or |
expect to be receiving federal funds; |
(g) (Blank); and Forwarding to the Governor's Office |
of Management and Budget all documents received under |
paragraph (f) after assigning an appropriate, State |
application identifier number to all applications; and |
(h) Reporting such information as is received under |
subparagraph (f) to the President and Minority Leader of |
|
the Senate and the Speaker and Minority Leader of the |
House of Representatives and their respective |
appropriation staffs and to any member of the General |
Assembly on a monthly basis at the request of the member. |
The State colleges and universities, the agencies of the |
legislative and judicial branches of State government, and the |
elected State executive officers, not including the Governor, |
shall submit to the Commission on Government Forecasting and |
Accountability, in a manner prescribed by the Commission on |
Government Forecasting and Accountability, summaries of |
applications for federal funds filed and grants of federal |
funds awarded. |
(Source: P.A. 100-1148, eff. 12-10-18.)
|
Section 10-45. The Grant Accountability and Transparency |
Act is amended by changing Sections 15 and 45 as follows:
|
(30 ILCS 708/15) |
Sec. 15. Definitions. As used in this Act: |
"Allowable cost" means a cost allowable to a project if: |
(1) the costs are reasonable and necessary for the |
performance of the award; |
(2) the costs are allocable to the specific project; |
(3) the costs are treated consistently in like |
circumstances to both federally-financed and other |
activities of the non-federal entity; |
|
(4) the costs conform to any limitations of the cost |
principles or the sponsored agreement; |
(5) the costs are accorded consistent treatment; a |
cost may not be assigned to a State or federal award as a |
direct cost if any other cost incurred for the same |
purpose in like circumstances has been allocated to the |
award as an indirect cost; |
(6) the costs are determined to be in accordance with |
generally accepted accounting principles; |
(7) the costs are not included as a cost or used to |
meet federal cost-sharing or matching requirements of any |
other program in either the current or prior period; |
(8) the costs of one State or federal grant are not |
used to meet the match requirements of another State or |
federal grant; and |
(9) the costs are adequately documented. |
"Auditee" means any non-federal entity that expends State |
or federal awards that must be audited. |
"Auditor" means an auditor who is a public accountant or a |
federal, State, or local government audit organization that |
meets the general standards specified in generally-accepted |
government auditing standards. "Auditor" does not include |
internal auditors of nonprofit organizations. |
"Auditor General" means the Auditor General of the State |
of Illinois. |
"Award" means financial assistance that provides support |
|
or stimulation to accomplish a public purpose. "Awards" |
include grants and other agreements in the form of money, or |
property in lieu of money, by the State or federal government |
to an eligible recipient. "Award" does not include: technical |
assistance that provides services instead of money; other |
assistance in the form of loans, loan guarantees, interest |
subsidies, or insurance; direct payments of any kind to |
individuals; or contracts that must be entered into and |
administered under State or federal procurement laws and |
regulations. |
"Budget" means the financial plan for the project or |
program that the awarding agency or pass-through entity |
approves during the award process or in subsequent amendments |
to the award. It may include the State or federal and |
non-federal share or only the State or federal share, as |
determined by the awarding agency or pass-through entity. |
"Catalog of Federal Domestic Assistance" or "CFDA" means a |
database that helps the federal government track all programs |
it has domestically funded. |
"Catalog of Federal Domestic Assistance number" or "CFDA |
number" means the number assigned to a federal program in the |
CFDA. |
"Catalog of State Financial Assistance" means the single, |
authoritative, statewide, comprehensive source document of |
State financial assistance program information maintained by |
the Governor's Office of Management and Budget. |
|
"Catalog of State Financial Assistance Number" means the |
number assigned to a State program in the Catalog of State |
Financial Assistance. The first 3 digits represent the State |
agency number and the last 4 digits represent the program. |
"Cluster of programs" means a grouping of closely related |
programs that share common compliance requirements. The types |
of clusters of programs are research and development, student |
financial aid, and other clusters. A "cluster of programs" |
shall be considered as one program for determining major |
programs and, with the exception of research and development, |
whether a program-specific audit may be elected. |
"Cognizant agency for audit" means the federal agency |
designated to carry out the responsibilities described in 2 |
CFR 200.513(a). |
"Contract" means a legal instrument by which a non-federal |
entity purchases property or services needed to carry out the |
project or program under an award. "Contract" does not include |
a legal instrument, even if the non-federal entity considers |
it a contract, when the substance of the transaction meets the |
definition of an award or subaward. |
"Contractor" means an entity that receives a contract. |
"Cooperative agreement" means a legal instrument of |
financial assistance between an awarding agency or |
pass-through entity and a non-federal entity that: |
(1) is used to enter into a relationship with the |
principal purpose of transferring anything of value from |
|
the awarding agency or pass-through entity to the |
non-federal entity to carry out a public purpose |
authorized by law, but is not used to acquire property or |
services for the awarding agency's or pass-through |
entity's direct benefit or use; and |
(2) is distinguished from a grant in that it provides |
for substantial involvement between the awarding agency or |
pass-through entity and the non-federal entity in carrying |
out the activity contemplated by the award. |
"Cooperative agreement" does not include a cooperative |
research and development agreement, nor an agreement that |
provides only direct cash assistance to an individual, a |
subsidy, a loan, a loan guarantee, or insurance. |
"Corrective action" means action taken by the auditee that |
(i) corrects identified deficiencies, (ii) produces |
recommended improvements, or (iii) demonstrates that audit |
findings are either invalid or do not warrant auditee action. |
"Cost objective" means a program, function, activity, |
award, organizational subdivision, contract, or work unit for |
which cost data is desired and for which provision is made to |
accumulate and measure the cost of processes, products, jobs, |
and capital projects. A "cost objective" may be a major |
function of the non-federal entity, a particular service or |
project, an award, or an indirect cost activity. |
"Cost sharing" means the portion of project costs not paid |
by State or federal funds, unless otherwise authorized by |
|
statute. |
"Development" is the systematic use of knowledge and |
understanding gained from research directed toward the |
production of useful materials, devices, systems, or methods, |
including design and development of prototypes and processes. |
"Data Universal Numbering System number" means the 9-digit |
number established and assigned by Dun and Bradstreet, Inc. to |
uniquely identify entities and, under federal law, is required |
for non-federal entities to apply for, receive, and report on |
a federal award. |
"Direct costs" means costs that can be identified |
specifically with a particular final cost objective, such as a |
State or federal or federal pass-through award or a particular |
sponsored project, an instructional activity, or any other |
institutional activity, or that can be directly assigned to |
such activities relatively easily with a high degree of |
accuracy. |
"Equipment" means tangible personal property (including |
information technology systems) having a useful life of more |
than one year and a per-unit acquisition cost that equals or |
exceeds the lesser of the capitalization level established by |
the non-federal entity for financial statement purposes, or |
$5,000. |
"Executive branch" means that branch of State government |
that is under the jurisdiction of the Governor. |
"Federal agency" has the meaning provided for "agency" |
|
under 5 U.S.C. 551(1) together with the meaning provided for |
"agency" by 5 U.S.C. 552(f). |
"Federal award" means: |
(1) the federal financial assistance that a |
non-federal entity receives directly from a federal |
awarding agency or indirectly from a pass-through entity; |
(2) the cost-reimbursement contract under the Federal |
Acquisition Regulations that a non-federal entity receives |
directly from a federal awarding agency or indirectly from |
a pass-through entity; or |
(3) the instrument setting forth the terms and |
conditions when the instrument is the grant agreement, |
cooperative agreement, other agreement for assistance |
covered in 2 CFR 200, Subpart A, Acronyms and Definitions |
paragraph (b) of 20 CFR 200.40 , or the cost-reimbursement |
contract awarded under the Federal Acquisition |
Regulations. |
"Federal award" does not include other contracts that a |
federal agency uses to buy goods or services from a contractor |
or a contract to operate federal government owned, |
contractor-operated facilities. |
"Federal awarding agency" means the federal agency that |
provides a federal award directly to a non-federal entity. |
"Federal interest" means, for purposes of 2 CFR 200, |
Subpart D, Post Federal Award Requirements (Performance and |
Financial Monitoring and Reporting) 2 CFR 200.329 or when used |
|
in connection with the acquisition or improvement of real |
property, equipment, or supplies under a federal award, the |
dollar amount that is the product of the federal share of total |
project costs and current fair market value of the property, |
improvements, or both, to the extent the costs of acquiring or |
improving the property were included as project costs. |
"Federal program" means any of the following: |
(1) All federal awards which are assigned a single |
number in the CFDA. |
(2) When no CFDA number is assigned, all federal |
awards to non-federal entities from the same agency made |
for the same purpose should be combined and considered one |
program. |
(3) Notwithstanding paragraphs (1) and (2) of this |
definition, a cluster of programs. The types of clusters |
of programs are: |
(A) research and development; |
(B) student financial aid; and |
(C) "other clusters", as described in the |
definition of "cluster of programs". |
"Federal share" means the portion of the total project |
costs that are paid by federal funds. |
"Final cost objective" means a cost objective which has |
allocated to it both direct and indirect costs and, in the |
non-federal entity's accumulation system, is one of the final |
accumulation points, such as a particular award, internal |
|
project, or other direct activity of a non-federal entity. |
"Financial assistance" means the following: |
(1) For grants and cooperative agreements, "financial |
assistance" means assistance that non-federal entities |
receive or administer in the form of: |
(A) grants; |
(B) cooperative agreements; |
(C) non-cash contributions or donations of |
property, including donated surplus property; |
(D) direct appropriations; |
(E) food commodities; and |
(F) other financial assistance, except assistance |
listed in paragraph (2) of this definition. |
(2) "Financial assistance" includes assistance that |
non-federal entities receive or administer in the form of |
loans, loan guarantees, interest subsidies, and insurance. |
(3) "Financial assistance" does not include amounts |
received as reimbursement for services rendered to |
individuals. |
"Fixed amount awards" means a type of grant agreement |
under which the awarding agency or pass-through entity |
provides a specific level of support without regard to actual |
costs incurred under the award. "Fixed amount awards" reduce |
some of the administrative burden and record-keeping |
requirements for both the non-federal entity and awarding |
agency or pass-through entity. Accountability is based |
|
primarily on performance and results. |
"Foreign public entity" means: |
(1) a foreign government or foreign governmental |
entity; |
(2) a public international organization that is |
entitled to enjoy privileges, exemptions, and immunities |
as an international organization under the International |
Organizations Immunities Act (22 U.S.C. 288-288f); |
(3) an entity owned, in whole or in part, or |
controlled by a foreign government; or |
(4) any other entity consisting wholly or partially of |
one or more foreign governments or foreign governmental |
entities. |
"Foreign organization" means an entity that is: |
(1) a public or private organization located in a |
country other than the United States and its territories |
that are subject to the laws of the country in which it is |
located, irrespective of the citizenship of project staff |
or place of performance; |
(2) a private nongovernmental organization located in |
a country other than the United States that solicits and |
receives cash contributions from the general public; |
(3) a charitable organization located in a country |
other than the United States that is nonprofit and tax |
exempt under the laws of its country of domicile and |
operation, but is not a university, college, accredited |
|
degree-granting institution of education, private |
foundation, hospital, organization engaged exclusively in |
research or scientific activities, church, synagogue, |
mosque, or other similar entity organized primarily for |
religious purposes; or |
(4) an organization located in a country other than |
the United States not recognized as a Foreign Public |
Entity. |
"Generally Accepted Accounting Principles" has the meaning |
provided in accounting standards issued by the Government |
Accounting Standards Board and the Financial Accounting |
Standards Board. |
"Generally Accepted Government Auditing Standards" means |
generally accepted government auditing standards issued by the |
Comptroller General of the United States that are applicable |
to financial audits. |
"Grant agreement" means a legal instrument of financial |
assistance between an awarding agency or pass-through entity |
and a non-federal entity that: |
(1) is used to enter into a relationship, the |
principal purpose of which is to transfer anything of |
value from the awarding agency or pass-through entity to |
the non-federal entity to carry out a public purpose |
authorized by law and not to acquire property or services |
for the awarding agency or pass-through entity's direct |
benefit or use; and |
|
(2) is distinguished from a cooperative agreement in |
that it does not provide for substantial involvement |
between the awarding agency or pass-through entity and the |
non-federal entity in carrying out the activity |
contemplated by the award. |
"Grant agreement" does not include an agreement that |
provides only direct cash assistance to an individual, a |
subsidy, a loan, a loan guarantee, or insurance. |
"Grant application" means a specified form that is |
completed by a non-federal entity in connection with a request |
for a specific funding opportunity or a request for financial |
support of a project or activity. |
"Hospital" means a facility licensed as a hospital under |
the law of any state or a facility operated as a hospital by |
the United States, a state, or a subdivision of a state. |
"Illinois Debarred and Suspended List" means the list |
maintained by the Governor's Office of Management and Budget |
that contains the names of those individuals and entities that |
are ineligible, either temporarily or permanently, from |
receiving an award of grant funds from the State. |
"Indirect cost" means those costs incurred for a common or |
joint purpose benefitting more than one cost objective and not |
readily assignable to the cost objectives specifically |
benefitted without effort disproportionate to the results |
achieved. |
"Inspector General" means the Office of the Executive |
|
Inspector General for Executive branch agencies. |
"Loan" means a State or federal loan or loan guarantee |
received or administered by a non-federal entity. "Loan" does |
not include a "program income" as defined in 2 CFR 200, Subpart |
A, Acronyms and Definitions 2 CFR 200.80 . |
"Loan guarantee" means any State or federal government |
guarantee, insurance, or other pledge with respect to the |
payment of all or a part of the principal or interest on any |
debt obligation of a non-federal borrower to a non-federal |
lender, but does not include the insurance of deposits, |
shares, or other withdrawable accounts in financial |
institutions. |
"Local government" has the meaning provided for the term |
"units of local government" under Section 1 of Article VII of |
the Illinois Constitution and includes school districts. |
"Major program" means a federal program determined by the |
auditor to be a major program in accordance with 2 CFR 200.518 |
or a program identified as a major program by a federal |
awarding agency or pass-through entity in accordance with 2 |
CFR 200.503(e). |
"Non-federal entity" means a state, local government, |
Indian tribe, institution of higher education, or |
organization, whether nonprofit or for-profit, that carries |
out a State or federal award as a recipient or subrecipient. |
"Nonprofit organization" means any corporation, trust, |
association, cooperative, or other organization, not including |
|
institutions of higher education, that: |
(1) is operated primarily for scientific, educational, |
service, charitable, or similar purposes in the public |
interest; |
(2) is not organized primarily for profit; and |
(3) uses net proceeds to maintain, improve, or expand |
the operations of the organization. |
"Obligations", when used in connection with a non-federal |
entity's utilization of funds under an award, means orders |
placed for property and services, contracts and subawards |
made, and similar transactions during a given period that |
require payment by the non-federal entity during the same or a |
future period. |
"Office of Management and Budget" means the Office of |
Management and Budget of the Executive Office of the |
President. |
"Other clusters" has the meaning provided by the federal |
Office of Management and Budget in the compliance supplement |
or has the meaning as it is designated by a state for federal |
awards the state provides to its subrecipients that meet the |
definition of a cluster of programs. When designating an |
"other cluster", a state must identify the federal awards |
included in the cluster and advise the subrecipients of |
compliance requirements applicable to the cluster. |
"Oversight agency for audit" means the federal awarding |
agency that provides the predominant amount of funding |
|
directly to a non-federal entity not assigned a cognizant |
agency for audit. When there is no direct funding, the |
awarding agency that is the predominant source of pass-through |
funding must assume the oversight responsibilities. The duties |
of the oversight agency for audit and the process for any |
reassignments are described in 2 CFR 200.513(b). |
"Pass-through entity" means a non-federal entity that |
provides a subaward to a subrecipient to carry out part of a |
program. |
"Private award" means an award from a person or entity |
other than a State or federal entity. Private awards are not |
subject to the provisions of this Act. |
"Property" means real property or personal property. |
"Project cost" means total allowable costs incurred under |
an award and all required cost sharing and voluntary committed |
cost sharing, including third-party contributions. |
"Public institutions of higher education" has the meaning |
provided in Section 1 of the Board of Higher Education Act. |
"Recipient" means a non-federal entity that receives an |
award directly from an awarding agency to carry out an |
activity under a program. "Recipient" does not include |
subrecipients. |
"Research and Development" means all research activities, |
both basic and applied, and all development activities that |
are performed by non-federal entities. |
"Single Audit Act" means the federal Single Audit Act |
|
Amendments of 1996 (31 U.S.C. 7501-7507). |
"State agency" means an Executive branch agency. For |
purposes of this Act, "State agency" does not include public |
institutions of higher education. |
"State award" means the financial assistance that a |
non-federal entity receives from the State and that is funded |
with either State funds or federal funds; in the latter case, |
the State is acting as a pass-through entity. |
"State awarding agency" means a State agency that provides |
an award to a non-federal entity. |
"State grant-making agency" has the same meaning as "State |
awarding agency". |
"State interest" means the acquisition or improvement of |
real property, equipment, or supplies under a State award, the |
dollar amount that is the product of the State share of the |
total project costs and current fair market value of the |
property, improvements, or both, to the extent the costs of |
acquiring or improving the property were included as project |
costs. |
"State program" means any of the following: |
(1) All State awards which are assigned a single |
number in the Catalog of State Financial Assistance. |
(2) When no Catalog of State Financial Assistance |
number is assigned, all State awards to non-federal |
entities from the same agency made for the same purpose |
are considered one program. |
|
(3) A cluster of programs as defined in this Section. |
"State share" means the portion of the total project costs |
that are paid by State funds. |
"Stop payment order" means a communication from a State |
grant-making agency to the Office of the Comptroller, |
following procedures set out by the Office of the Comptroller, |
causing the cessation of payments to a recipient or |
subrecipient as a result of the recipient's or subrecipient's |
failure to comply with one or more terms of the grant or |
subaward. |
"Stop payment procedure" means the procedure created by |
the Office of the Comptroller which effects a stop payment |
order and the lifting of a stop payment order upon the request |
of the State grant-making agency. |
"Student Financial Aid" means federal awards under those |
programs of general student assistance, such as those |
authorized by Title IV of the Higher Education Act of 1965, as |
amended (20 U.S.C. 1070-1099d), that are administered by the |
United States Department of Education and similar programs |
provided by other federal agencies. "Student Financial Aid" |
does not include federal awards under programs that provide |
fellowships or similar federal awards to students on a |
competitive basis or for specified studies or research. |
"Subaward" means a State or federal award provided by a |
pass-through entity to a subrecipient for the subrecipient to |
carry out part of a federal award received by the pass-through |
|
entity. "Subaward" does not include payments to a contractor |
or payments to an individual that is a beneficiary of a federal |
program. A "subaward" may be provided through any form of |
legal agreement, including an agreement that the pass-through |
entity considers a contract. |
"Subrecipient" means a non-federal entity that receives a |
State or federal subaward from a pass-through entity to carry |
out part of a federal program. "Subrecipient" does not include |
an individual that is a beneficiary of such program. A |
"subrecipient" may also be a recipient of other State or |
federal awards directly from a State or federal awarding |
agency. |
"Suspension" means a post-award action by the State or |
federal agency or pass-through entity that temporarily |
withdraws the State or federal agency's or pass-through |
entity's financial assistance sponsorship under an award, |
pending corrective action by the recipient or subrecipient or |
pending a decision to terminate the award. |
"Uniform Administrative Requirements, Costs Principles, |
and Audit Requirements for Federal Awards" means those rules |
applicable to grants contained in 2 CFR 200. |
"Voluntary committed cost sharing" means cost sharing |
specifically pledged on a voluntary basis in the proposal's |
budget or the award on the part of the non-federal entity and |
that becomes a binding requirement of the award. |
(Source: P.A. 100-997, eff. 8-20-18.)
|
|
(30 ILCS 708/45) |
Sec. 45. Applicability. |
(a) Except as otherwise provided in this Section, the |
requirements established under this Act apply to State |
grant-making agencies that make State and federal pass-through |
awards to non-federal entities. These requirements apply to |
all costs related to State and federal pass-through awards. |
The requirements established under this Act do not apply to |
private awards, to allocations of State revenues paid over by |
the Comptroller to units of local government and other taxing |
districts pursuant to the State Revenue Sharing Act from the |
Local Government Distributive Fund or the Personal Property |
Tax Replacement Fund, to allotments of State motor fuel tax |
revenues distributed by the Department of Transportation to |
units of local government pursuant to the Motor Fuel Tax Law |
from the Motor Fuel Tax Fund or the Transportation Renewal |
Fund, or to awards, including capital appropriated funds, made |
by the Department of Transportation to units of local |
government for the purposes of transportation projects |
utilizing State funds, federal funds, or both State and |
federal funds. This Act shall recognize that federal and |
federal pass-through awards from the Department of |
Transportation to units of local government are governed by |
and must comply with federal guidelines under 2 CFR Part 200. |
The changes made by this amendatory Act of the 102nd |
|
General Assembly apply to pending actions as well as actions |
commenced on or after the effective date of this amendatory |
Act of the 102nd General Assembly. |
(a-5) Nothing in this Act shall prohibit the use of State |
funds for purposes of federal match or maintenance of effort. |
(b) The terms and conditions of State, federal, and |
pass-through awards apply to subawards and subrecipients |
unless a particular Section of this Act or the terms and |
conditions of the State or federal award specifically indicate |
otherwise. Non-federal entities shall comply with requirements |
of this Act regardless of whether the non-federal entity is a |
recipient or subrecipient of a State or federal pass-through |
award. Pass-through entities shall comply with the |
requirements set forth under the rules adopted under |
subsection (a) of Section 20 of this Act, but not to any |
requirements in this Act directed towards State or federal |
awarding agencies, unless the requirements of the State or |
federal awards indicate otherwise. |
When a non-federal entity is awarded a cost-reimbursement |
contract, only 2 CFR 200, Subpart D, Post Federal Award |
Requirements (Subrecipient Monitoring and Management) 2 CFR |
200.330 through 200.332 are incorporated by reference into the |
contract. However, when the Cost Accounting Standards are |
applicable to the contract, they take precedence over the |
requirements of this Act unless they are in conflict with |
Subpart F of 2 CFR 200. In addition, costs that are made |
|
unallowable under 10 U.S.C. 2324(e) and 41 U.S.C. 4304(a), as |
described in the Federal Acquisition Regulations, subpart 31.2 |
and subpart 31.603, are always unallowable. For requirements |
other than those covered in Subpart D of 2 CFR 200, Subpart D, |
Post Federal Award Requirements(Subrecipient Monitoring and |
Management) 2 CFR 200.330 through 200.332 , the terms of the |
contract and the Federal Acquisition Regulations apply. |
With the exception of Subpart F of 2 CFR 200, which is |
required by the Single Audit Act, in any circumstances where |
the provisions of federal statutes or regulations differ from |
the provisions of this Act, the provision of the federal |
statutes or regulations govern. This includes, for agreements |
with Indian tribes, the provisions of the Indian |
Self-Determination and Education and Assistance Act, as |
amended, 25 U.S.C. 450-458ddd-2. |
(c) State grant-making agencies may apply subparts A |
through E of 2 CFR 200 to for-profit entities, foreign public |
entities, or foreign organizations, except where the awarding |
agency determines that the application of these subparts would |
be inconsistent with the international obligations of the |
United States or the statute or regulations of a foreign |
government. |
(d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to |
different types of awards. The same applicability applies to |
this Act. |
(e) (Blank). |
|
(f) For public institutions of higher education, the |
provisions of this Act apply only to awards funded by federal |
pass-through awards from a State agency to public institutions |
of higher education. This Act shall recognize provisions in 2 |
CFR 200 as applicable to public institutions of higher |
education, including Appendix III of Part 200 and the cost |
principles under Subpart E. |
(g) Each grant-making agency shall enhance its processes |
to monitor and address noncompliance with reporting |
requirements and with program performance standards. Where |
applicable, the process may include a corrective action plan. |
The monitoring process shall include a plan for tracking and |
documenting performance-based contracting decisions. |
(h) Notwithstanding any provision of law to the contrary, |
grants awarded from federal funds received from the federal |
Coronavirus State Fiscal Recovery Fund in accordance with |
Section 9901 of the American Rescue Plan Act of 2021 are |
subject to the provisions of this Act, but only to the extent |
required by Section 9901 of the American Rescue Plan Act of |
2021 and other applicable federal law or regulation. |
(Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21; |
102-626, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1092, eff. |
6-10-22.)
|
Section 10-50. The Illinois State University Law is |
amended by changing Section 20-170 as follows:
|
|
(110 ILCS 675/20-170) |
Sec. 20-170. Administrator and faculty salary and |
benefits; report. The Board of Trustees shall report to the |
Board of Higher Education, on or before August July 1 of each |
year, the base salary and benefits of the president of the |
university and all administrators, faculty members, and |
instructors employed by the university from the prior fiscal |
year . For the purposes of this Section, "benefits" includes |
without limitation vacation days, sick days, bonuses, |
annuities, and retirement enhancements. |
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
|
Section 10-55. The University of Illinois Act is amended |
by changing Section 70 as follows:
|
(110 ILCS 305/70) |
Sec. 70. Administrator and faculty salary and benefits; |
report. The Board of Trustees shall report to the Board of |
Higher Education, on or before August July 1 of each year, the |
base salary and benefits of the president of the university |
and all administrators, faculty members, and instructors |
employed by the university from the prior fiscal year . For the |
purposes of this Section, "benefits" includes without |
limitation vacation days, sick days, bonuses, annuities, and |
retirement enhancements. |
|
|
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
|
Section 10-60. The Southern Illinois University Management |
Act is amended by changing Section 55 as follows:
|
(110 ILCS 520/55) |
Sec. 55. Administrator and faculty salary and benefits; |
report. The Board of Trustees shall report to the Board of |
Higher Education, on or before August July 1 of each year, the |
base salary and benefits of the president of the university |
and all administrators, faculty members, and instructors |
employed by the university from the prior fiscal year . For the |
purposes of this Section, "benefits" includes without |
limitation vacation days, sick days, bonuses, annuities, and |
retirement enhancements. |
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
|
Section 10-65. The Chicago State University Law is amended |
by changing Section 5-165 as follows:
|
(110 ILCS 660/5-165) |
Sec. 5-165. Administrator and faculty salary and benefits; |
report. The Board of Trustees shall report to the Board of |
Higher Education, on or before August July 1 of each year, the |
base salary and benefits of the president of the university |
and all administrators, faculty members, and instructors |
|
employed by the university from the prior fiscal year . For the |
purposes of this Section, "benefits" includes without |
limitation vacation days, sick days, bonuses, annuities, and |
retirement enhancements. |
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
|
Section 10-70. The Eastern Illinois University Law is |
amended by changing Section 10-165 as follows:
|
(110 ILCS 665/10-165) |
Sec. 10-165. Administrator and faculty salary and |
benefits; report. The Board of Trustees shall report to the |
Board of Higher Education, on or before August July 1 of each |
year, the base salary and benefits of the president of the |
university and all administrators, faculty members, and |
instructors employed by the university from the prior fiscal |
year . For the purposes of this Section, "benefits" includes |
without limitation vacation days, sick days, bonuses, |
annuities, and retirement enhancements. |
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
|
Section 10-75. The Governors State University Law is |
amended by changing Section 15-165 as follows:
|
(110 ILCS 670/15-165) |
Sec. 15-165. Administrator and faculty salary and |
|
benefits; report. The Board of Trustees shall report to the |
Board of Higher Education, on or before August July 1 of each |
year, the base salary and benefits of the president of the |
university and all administrators, faculty members, and |
instructors employed by the university from the prior fiscal |
year . For the purposes of this Section, "benefits" includes |
without limitation vacation days, sick days, bonuses, |
annuities, and retirement enhancements. |
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
|
Section 10-80. The Northeastern Illinois University Law is |
amended by changing Section 25-165 as follows:
|
(110 ILCS 680/25-165) |
Sec. 25-165. Administrator and faculty salary and |
benefits; report. The Board of Trustees shall report to the |
Board of Higher Education, on or before August July 1 of each |
year, the base salary and benefits of the president of the |
university and all administrators, faculty members, and |
instructors employed by the university from the prior fiscal |
year . For the purposes of this Section, "benefits" includes |
without limitation vacation days, sick days, bonuses, |
annuities, and retirement enhancements. |
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
|
Section 10-85. The Northern Illinois University Law is |
|
amended by changing Section 30-175 as follows:
|
(110 ILCS 685/30-175) |
Sec. 30-175. Administrator and faculty salary and |
benefits; report. The Board of Trustees shall report to the |
Board of Higher Education, on or before August July 1 of each |
year, the base salary and benefits of the president of the |
university and all administrators, faculty members, and |
instructors employed by the university from the prior fiscal |
year . For the purposes of this Section, "benefits" includes |
without limitation vacation days, sick days, bonuses, |
annuities, and retirement enhancements. |
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
|
Section 10-90. The Western Illinois University Law is |
amended by changing Section 35-170 as follows:
|
(110 ILCS 690/35-170) |
Sec. 35-170. Administrator and faculty salary and |
benefits; report. The Board of Trustees shall report to the |
Board of Higher Education, on or before August July 1 of each |
year, the base salary and benefits of the president of the |
university and all administrators, faculty members, and |
instructors employed by the university from the prior fiscal |
year . For the purposes of this Section, "benefits" includes |
without limitation vacation days, sick days, bonuses, |
|
annuities, and retirement enhancements. |
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
|
Article 15.
|
Section 15-5. The Statute on Statutes is amended by |
changing Section 1.33 as follows:
|
(5 ILCS 70/1.33) (from Ch. 1, par. 1034) |
Sec. 1.33. Whenever there is a reference in any Act to the |
Capital Development Bond Act of 1972, Transportation Bond Act, |
School Construction Bond Act, Anti-Pollution Bond Act or the |
Illinois Coal and Energy Development Bond Act, such reference |
shall be interpreted to include the General Obligation Bond |
Act. |
(Source: P.A. 83-1490.)
|
Section 15-10. The State Finance Act is amended by |
changing Sections 8.3 and 8.25 as follows:
|
(30 ILCS 105/8.3) |
Sec. 8.3. Money in the Road Fund shall, if and when the |
State of Illinois incurs any bonded indebtedness for the |
construction of permanent highways, be set aside and used for |
the purpose of paying and discharging annually the principal |
and interest on that bonded indebtedness then due and payable, |
|
and for no other purpose. The surplus, if any, in the Road Fund |
after the payment of principal and interest on that bonded |
indebtedness then annually due shall be used as follows: |
first -- to pay the cost of administration of Chapters |
2 through 10 of the Illinois Vehicle Code, except the cost |
of administration of Articles I and II of Chapter 3 of that |
Code, and to pay the costs of the Executive Ethics |
Commission for oversight and administration of the Chief |
Procurement Officer appointed under paragraph (2) of |
subsection (a) of Section 10-20 of the Illinois |
Procurement Code for transportation; and |
secondly -- for expenses of the Department of |
Transportation for construction, reconstruction, |
improvement, repair, maintenance, operation, and |
administration of highways in accordance with the |
provisions of laws relating thereto, or for any purpose |
related or incident to and connected therewith, including |
the separation of grades of those highways with railroads |
and with highways and including the payment of awards made |
by the Illinois Workers' Compensation Commission under the |
terms of the Workers' Compensation Act or Workers' |
Occupational Diseases Act for injury or death of an |
employee of the Division of Highways in the Department of |
Transportation; or for the acquisition of land and the |
erection of buildings for highway purposes, including the |
acquisition of highway right-of-way or for investigations |
|
to determine the reasonably anticipated future highway |
needs; or for making of surveys, plans, specifications and |
estimates for and in the construction and maintenance of |
flight strips and of highways necessary to provide access |
to military and naval reservations, to defense industries |
and defense-industry sites, and to the sources of raw |
materials and for replacing existing highways and highway |
connections shut off from general public use at military |
and naval reservations and defense-industry sites, or for |
the purchase of right-of-way, except that the State shall |
be reimbursed in full for any expense incurred in building |
the flight strips; or for the operating and maintaining of |
highway garages; or for patrolling and policing the public |
highways and conserving the peace; or for the operating |
expenses of the Department relating to the administration |
of public transportation programs; or, during fiscal year |
2023, for the purposes of a grant not to exceed $8,394,800 |
to the Regional Transportation Authority on behalf of PACE |
for the purpose of ADA/Para-transit expenses; or, during |
fiscal year 2024, for the purposes of a grant not to exceed |
$9,108,400 to the Regional Transportation Authority on |
behalf of PACE for the purpose of ADA/Para-transit |
expenses; or for any of those purposes or any other |
purpose that may be provided by law. |
Appropriations for any of those purposes are payable from |
the Road Fund. Appropriations may also be made from the Road |
|
Fund for the administrative expenses of any State agency that |
are related to motor vehicles or arise from the use of motor |
vehicles. |
Beginning with fiscal year 1980 and thereafter, no Road |
Fund monies shall be appropriated to the following Departments |
or agencies of State government for administration, grants, or |
operations; but this limitation is not a restriction upon |
appropriating for those purposes any Road Fund monies that are |
eligible for federal reimbursement: |
1. Department of Public Health; |
2. Department of Transportation, only with respect to |
subsidies for one-half fare Student Transportation and |
Reduced Fare for Elderly, except fiscal year 2023 when no |
more than $17,570,000 may be expended and except fiscal |
year 2024 when no more than $19,063,500 may be expended; |
3. Department of Central Management Services, except |
for expenditures incurred for group insurance premiums of |
appropriate personnel; |
4. Judicial Systems and Agencies. |
Beginning with fiscal year 1981 and thereafter, no Road |
Fund monies shall be appropriated to the following Departments |
or agencies of State government for administration, grants, or |
operations; but this limitation is not a restriction upon |
appropriating for those purposes any Road Fund monies that are |
eligible for federal reimbursement: |
1. Illinois State Police, except for expenditures with |
|
respect to the Division of Patrol and Division of Criminal |
Investigation; |
2. Department of Transportation, only with respect to |
Intercity Rail Subsidies, except fiscal year 2023 when no |
more than $55,000,000 may be expended and except fiscal |
year 2024 when no more than $60,000,000 may be expended, |
and Rail Freight Services. |
Beginning with fiscal year 1982 and thereafter, no Road |
Fund monies shall be appropriated to the following Departments |
or agencies of State government for administration, grants, or |
operations; but this limitation is not a restriction upon |
appropriating for those purposes any Road Fund monies that are |
eligible for federal reimbursement: Department of Central |
Management Services, except for awards made by the Illinois |
Workers' Compensation Commission under the terms of the |
Workers' Compensation Act or Workers' Occupational Diseases |
Act for injury or death of an employee of the Division of |
Highways in the Department of Transportation. |
Beginning with fiscal year 1984 and thereafter, no Road |
Fund monies shall be appropriated to the following Departments |
or agencies of State government for administration, grants, or |
operations; but this limitation is not a restriction upon |
appropriating for those purposes any Road Fund monies that are |
eligible for federal reimbursement: |
1. Illinois State Police, except not more than 40% of |
the funds appropriated for the Division of Patrol and |
|
Division of Criminal Investigation; |
2. State Officers. |
Beginning with fiscal year 1984 and thereafter, no Road |
Fund monies shall be appropriated to any Department or agency |
of State government for administration, grants, or operations |
except as provided hereafter; but this limitation is not a |
restriction upon appropriating for those purposes any Road |
Fund monies that are eligible for federal reimbursement. It |
shall not be lawful to circumvent the above appropriation |
limitations by governmental reorganization or other methods. |
Appropriations shall be made from the Road Fund only in |
accordance with the provisions of this Section. |
Money in the Road Fund shall, if and when the State of |
Illinois incurs any bonded indebtedness for the construction |
of permanent highways, be set aside and used for the purpose of |
paying and discharging during each fiscal year the principal |
and interest on that bonded indebtedness as it becomes due and |
payable as provided in the General Obligation Bond Act |
Transportation Bond Act , and for no other purpose. The |
surplus, if any, in the Road Fund after the payment of |
principal and interest on that bonded indebtedness then |
annually due shall be used as follows: |
first -- to pay the cost of administration of Chapters |
2 through 10 of the Illinois Vehicle Code; and |
secondly -- no Road Fund monies derived from fees, |
excises, or license taxes relating to registration, |
|
operation and use of vehicles on public highways or to |
fuels used for the propulsion of those vehicles, shall be |
appropriated or expended other than for costs of |
administering the laws imposing those fees, excises, and |
license taxes, statutory refunds and adjustments allowed |
thereunder, administrative costs of the Department of |
Transportation, including, but not limited to, the |
operating expenses of the Department relating to the |
administration of public transportation programs, payment |
of debts and liabilities incurred in construction and |
reconstruction of public highways and bridges, acquisition |
of rights-of-way for and the cost of construction, |
reconstruction, maintenance, repair, and operation of |
public highways and bridges under the direction and |
supervision of the State, political subdivision, or |
municipality collecting those monies, or during fiscal |
year 2023 for the purposes of a grant not to exceed |
$8,394,800 to the Regional Transportation Authority on |
behalf of PACE for the purpose of ADA/Para-transit |
expenses, or during fiscal year 2024 for the purposes of a |
grant not to exceed $9,108,400 to the Regional |
Transportation Authority on behalf of PACE for the purpose |
of ADA/Para-transit expenses, and the costs for patrolling |
and policing the public highways (by the State, political |
subdivision, or municipality collecting that money) for |
enforcement of traffic laws. The separation of grades of |
|
such highways with railroads and costs associated with |
protection of at-grade highway and railroad crossing shall |
also be permissible. |
Appropriations for any of such purposes are payable from |
the Road Fund or the Grade Crossing Protection Fund as |
provided in Section 8 of the Motor Fuel Tax Law. |
Except as provided in this paragraph, beginning with |
fiscal year 1991 and thereafter, no Road Fund monies shall be |
appropriated to the Illinois State Police for the purposes of |
this Section in excess of its total fiscal year 1990 Road Fund |
appropriations for those purposes unless otherwise provided in |
Section 5g of this Act. For fiscal years 2003, 2004, 2005, |
2006, and 2007 only, no Road Fund monies shall be appropriated |
to the Department of State Police for the purposes of this |
Section in excess of $97,310,000. For fiscal year 2008 only, |
no Road Fund monies shall be appropriated to the Department of |
State Police for the purposes of this Section in excess of |
$106,100,000. For fiscal year 2009 only, no Road Fund monies |
shall be appropriated to the Department of State Police for |
the purposes of this Section in excess of $114,700,000. |
Beginning in fiscal year 2010, no Road Fund road fund moneys |
shall be appropriated to the Illinois State Police. It shall |
not be lawful to circumvent this limitation on appropriations |
by governmental reorganization or other methods unless |
otherwise provided in Section 5g of this Act. |
In fiscal year 1994, no Road Fund monies shall be |
|
appropriated to the Secretary of State for the purposes of |
this Section in excess of the total fiscal year 1991 Road Fund |
appropriations to the Secretary of State for those purposes, |
plus $9,800,000. It shall not be lawful to circumvent this |
limitation on appropriations by governmental reorganization or |
other method. |
Beginning with fiscal year 1995 and thereafter, no Road |
Fund monies shall be appropriated to the Secretary of State |
for the purposes of this Section in excess of the total fiscal |
year 1994 Road Fund appropriations to the Secretary of State |
for those purposes. It shall not be lawful to circumvent this |
limitation on appropriations by governmental reorganization or |
other methods. |
Beginning with fiscal year 2000, total Road Fund |
appropriations to the Secretary of State for the purposes of |
this Section shall not exceed the amounts specified for the |
following fiscal years: |
|
Fiscal Year 2000 | $80,500,000; | |
Fiscal Year 2001 | $80,500,000; | |
Fiscal Year 2002 | $80,500,000; | |
Fiscal Year 2003 | $130,500,000; | |
Fiscal Year 2004 | $130,500,000; | |
Fiscal Year 2005 | $130,500,000; | |
Fiscal Year 2006 | $130,500,000; | |
Fiscal Year 2007 | $130,500,000; | |
Fiscal Year 2008 | $130,500,000; | |
|
|
Fiscal Year 2009 | $130,500,000. |
|
For fiscal year 2010, no road fund moneys shall be |
appropriated to the Secretary of State. |
Beginning in fiscal year 2011, moneys in the Road Fund |
shall be appropriated to the Secretary of State for the |
exclusive purpose of paying refunds due to overpayment of fees |
related to Chapter 3 of the Illinois Vehicle Code unless |
otherwise provided for by law. |
It shall not be lawful to circumvent this limitation on |
appropriations by governmental reorganization or other |
methods. |
No new program may be initiated in fiscal year 1991 and |
thereafter that is not consistent with the limitations imposed |
by this Section for fiscal year 1984 and thereafter, insofar |
as appropriation of Road Fund monies is concerned. |
Nothing in this Section prohibits transfers from the Road |
Fund to the State Construction Account Fund under Section 5e |
of this Act; nor to the General Revenue Fund, as authorized by |
Public Act 93-25. |
The additional amounts authorized for expenditure in this |
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91 |
shall be repaid to the Road Fund from the General Revenue Fund |
in the next succeeding fiscal year that the General Revenue |
Fund has a positive budgetary balance, as determined by |
generally accepted accounting principles applicable to |
government. |
|
The additional amounts authorized for expenditure by the |
Secretary of State and the Department of State Police in this |
Section by Public Act 94-91 shall be repaid to the Road Fund |
from the General Revenue Fund in the next succeeding fiscal |
year that the General Revenue Fund has a positive budgetary |
balance, as determined by generally accepted accounting |
principles applicable to government. |
(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; |
102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. |
6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.)
|
(30 ILCS 105/8.25) (from Ch. 127, par. 144.25) |
Sec. 8.25. Build Illinois Fund; uses. |
(A) All moneys in the Build Illinois Fund shall be |
transferred, appropriated, and used only for the purposes |
authorized by and subject to the limitations and conditions |
prescribed by this Section. There are established the |
following accounts in the Build Illinois Fund: the McCormick |
Place Account, the Build Illinois Bond Account, the Build |
Illinois Purposes Account, the Park and Conservation Fund |
Account, and the Tourism Advertising and Promotion Account. |
Amounts deposited into the Build Illinois Fund consisting of |
1.55% before July 1, 1986, and 1.75% on and after July 1, 1986, |
of moneys received by the Department of Revenue under Section |
9 of the Use Tax Act, Section 9 of the Service Use Tax Act, |
Section 9 of the Service Occupation Tax Act, and Section 3 of |
|
the Retailers' Occupation Tax Act, and all amounts deposited |
therein under Section 28 of the Illinois Horse Racing Act of |
1975, Section 4.05 of the Chicago World's Fair - 1992 |
Authority Act, and Sections 3 and 6 of the Hotel Operators' |
Occupation Tax Act, shall be credited initially to the |
McCormick Place Account and all other amounts deposited into |
the Build Illinois Fund shall be credited initially to the |
Build Illinois Bond Account. Of the amounts initially so |
credited to the McCormick Place Account in each month, the |
amount that is to be transferred in that month to the |
Metropolitan Fair and Exposition Authority Improvement Bond |
Fund, as provided below, shall remain credited to the |
McCormick Place Account, and all amounts initially so credited |
in that month in excess thereof shall next be credited to the |
Build Illinois Bond Account. Of the amounts credited to the |
Build Illinois Bond Account in each month, the amount that is |
to be transferred in that month to the Build Illinois Bond |
Retirement and Interest Fund, as provided below, shall remain |
credited to the Build Illinois Bond Account, and all amounts |
so credited in each month in excess thereof shall next be |
credited monthly to the other accounts in the following order |
of priority: first, to the Build Illinois Purposes Account, |
plus any cumulative deficiency in those transfers for prior |
months; second, 1/12 of $10,000,000, plus any cumulative |
deficiency in those transfers for prior months, to the Park |
and Conservation Fund Account; and third, to the General |
|
Revenue Fund in the State Treasury all amounts that remain in |
the Build Illinois Fund on the last day of each month and are |
not credited to any account in that Fund. |
Transfers from the McCormick Place Account in the Build |
Illinois Fund shall be made as follows: |
Beginning with fiscal year 1985 and continuing for each |
fiscal year thereafter, the Metropolitan Pier and Exposition |
Authority shall annually certify to the State Comptroller and |
State Treasurer the amount necessary and required during the |
fiscal year with respect to which the certification is made to |
pay the debt service requirements (including amounts to be |
paid with respect to arrangements to provide additional |
security or liquidity) on all outstanding bonds and notes, |
including refunding bonds (herein collectively referred to as |
bonds) of issues in the aggregate amount (excluding the amount |
of any refunding bonds issued by that Authority after January |
1, 1986) of not more than $312,500,000 issued after July 1, |
1984, by that Authority for the purposes specified in Sections |
10.1 and 13.1 of the Metropolitan Pier and Exposition |
Authority Act. In each month of the fiscal year in which there |
are bonds outstanding with respect to which the annual |
certification is made, the Comptroller shall order transferred |
and the Treasurer shall transfer from the McCormick Place |
Account in the Build Illinois Fund to the Metropolitan Fair |
and Exposition Authority Improvement Bond Fund an amount equal |
to 150% of the certified amount for that fiscal year divided by |
|
the number of months during that fiscal year in which bonds of |
the Authority are outstanding, plus any cumulative deficiency |
in those transfers for prior months; provided, that the |
maximum amount that may be so transferred in fiscal year 1985 |
shall not exceed $15,000,000 or a lesser sum as is actually |
necessary and required to pay the debt service requirements |
for that fiscal year after giving effect to net operating |
revenues of that Authority available for that purpose as |
certified by that Authority, and provided further that the |
maximum amount that may be so transferred in fiscal year 1986 |
shall not exceed $30,000,000 and in each fiscal year |
thereafter shall not exceed $33,500,000 in any fiscal year or |
a lesser sum as is actually necessary and required to pay the |
debt service requirements for that fiscal year after giving |
effect to net operating revenues of that Authority available |
for that purpose as certified by that Authority. |
When an amount equal to 100% of the aggregate amount of |
principal and interest in each fiscal year with respect to |
bonds issued after July 1, 1984, that by their terms are |
payable from the Metropolitan Fair and Exposition Authority |
Improvement Bond Fund, including under sinking fund |
requirements, has been so paid and deficiencies in reserves |
established from bond proceeds shall have been remedied, and |
at the time that those amounts have been transferred to the |
Authority as provided in Section 13.1 of the Metropolitan Pier |
and Exposition Authority Act, the remaining moneys, if any, |
|
deposited and to be deposited during each fiscal year to the |
Metropolitan Fair and Exposition Authority Improvement Bond |
Fund shall be transferred to the Metropolitan Fair and |
Exposition Authority Completion Note Subordinate Fund. |
Transfers from the Build Illinois Bond Account in the |
Build Illinois Fund shall be made as follows: |
Beginning with fiscal year 1986 and continuing for each |
fiscal year thereafter so long as limited obligation bonds of |
the State issued under the Build Illinois Bond Act remain |
outstanding, the Comptroller shall order transferred and the |
Treasurer shall transfer in each month, commencing in October, |
1985, on the last day of that month, from the Build Illinois |
Bond Account to the Build Illinois Bond Retirement and |
Interest Fund in the State Treasury the amount required to be |
so transferred in that month under Section 13 of the Build |
Illinois Bond Act. |
As soon as may be practicable after the first day of each |
month beginning after July 1, 1984, the Comptroller shall |
order transferred and the Treasurer shall transfer from the |
Park and Conservation Fund Account in the Build Illinois Fund |
to the Park and Conservation Fund 1/12 of $10,000,000, plus |
any cumulative deficiency in those transfers for prior months, |
for conservation and park purposes as enumerated in Section |
805-420 of the Department of Natural Resources (Conservation) |
Law (20 ILCS 805/805-420) , and to pay the debt service |
requirements on all outstanding bonds of an issue in the |
|
aggregate amount of not more than $40,000,000 issued after |
January 1, 1985, by the State of Illinois for the purposes |
specified in Section 3(c) of the Capital Development Bond Act |
of 1972, or for the same purposes as specified in any other |
State general obligation bond Act enacted after November 1, |
1984. Transfers from the Park and Conservation Fund to the |
Capital Development Bond Retirement and Interest Fund to pay |
those debt service requirements shall be made in accordance |
with Section 8.25b of this Act. |
All funds remaining in the Build Illinois Fund on the last |
day of any month and not credited to any account in that Fund |
shall be transferred by the State Treasurer to the General |
Revenue Fund. |
(B) For the purpose of this Section, "cumulative |
deficiency" shall include all deficiencies in those transfers |
that have occurred since July 1, 1984, as specified in |
subsection (A) of this Section. |
(C) (Blank). In addition to any other permitted use of |
moneys in the Fund, and notwithstanding any restriction on the |
use of the Fund, moneys in the Park and Conservation Fund may |
be transferred to the General Revenue Fund as authorized by |
Public Act 87-14. The General Assembly finds that an excess of |
moneys existed in the Fund on July 30, 1991, and the Governor's |
order of July 30, 1991, requesting the Comptroller and |
Treasurer to transfer an amount from the Fund to the General |
Revenue Fund is hereby validated. |
|
(D) (Blank). |
(Source: P.A. 102-1071, eff. 6-10-22.)
|
(30 ILCS 325/Act rep.) |
Section 15-20. The Fiscal Agent Designation Act is |
repealed.
|
Section 15-25. The General Obligation Bond Act is amended |
by changing Sections 12 and 15 as follows:
|
(30 ILCS 330/12) (from Ch. 127, par. 662) |
Sec. 12. Allocation of proceeds from sale of Bonds. |
(a) Proceeds from the sale of Bonds, authorized by Section |
3 of this Act, shall be deposited in the separate fund known as |
the Capital Development Fund , a special fund that was created |
under Section 6 of the Capital Development Bond Act of 1972 |
(repealed) and is continued under this amendatory Act of the |
103rd General Assembly, which may be expended as provided by |
law . |
(b) Proceeds from the sale of Bonds, authorized by |
paragraph (a) of Section 4 of this Act, shall be deposited in |
the separate fund known as the Transportation Bond, Series A |
Fund , a special fund that was created under Section 4 of the |
Transportation Bond Act (repealed) and is continued under this |
amendatory Act of the 103rd General Assembly, which may be |
expended as provided by law . |
|
(c) Proceeds from the sale of Bonds, authorized by |
paragraphs (b) and (c) of Section 4 of this Act, shall be |
deposited in the separate fund known as the Transportation |
Bond, Series B Fund , a special fund that was created under |
Section 4 of the Transportation Bond Act (repealed) and is |
continued under this amendatory Act of the 103rd General |
Assembly, which may be expended as provided by law . |
(c-1) Proceeds from the sale of Bonds, authorized by |
paragraph (d) of Section 4 of this Act, shall be deposited into |
the Transportation Bond Series D Fund, which is hereby |
created. |
(c-2) Proceeds from the sale of Bonds, authorized by |
paragraph (e) of Section 4 of this Act, shall be deposited into |
the Multi-modal Transportation Bond Fund, which is hereby |
created. |
(d) Proceeds from the sale of Bonds, authorized by Section |
5 of this Act, shall be deposited in the separate fund known as |
the School Construction Fund. |
(e) Proceeds from the sale of Bonds, authorized by Section |
6 of this Act, shall be deposited in the separate fund known as |
the Anti-Pollution Fund , a special fund that was created under |
Section 3 of the Anti-Pollution Bond Act (repealed) and is |
continued under this amendatory Act of the 103rd General |
Assembly, which may be expended as provided by law . |
(f) Proceeds from the sale of Bonds, authorized by Section |
7 of this Act, shall be deposited in the separate fund known as |
|
the Coal Development Fund , a special fund that was created |
under Section 10 of the Illinois Coal and Energy Development |
Bond Act (repealed) and is continued under this amendatory Act |
of the 103rd General Assembly, which may be expended as |
provided by law . |
(f-2) Proceeds from the sale of Bonds, authorized by |
Section 7.2 of this Act, shall be deposited as set forth in |
Section 7.2. |
(f-5) Proceeds from the sale of Bonds, authorized by |
Section 7.5 of this Act, shall be deposited as set forth in |
Section 7.5. |
(f-7) Proceeds from the sale of Bonds, authorized by |
Section 7.6 of this Act, shall be deposited as set forth in |
Section 7.6. |
(f-8) Proceeds from the sale of Bonds, authorized by |
Section 7.7 of this Act, shall be deposited as set forth in |
Section 7.7. |
(g) Proceeds from the sale of Bonds, authorized by Section |
8 of this Act, shall be deposited in the Capital Development |
Fund. |
(h) Subsequent to the issuance of any Bonds for the |
purposes described in Sections 2 through 8 of this Act, the |
Governor and the Director of the Governor's Office of |
Management and Budget may provide for the reallocation of |
unspent proceeds of such Bonds to any other purposes |
authorized under said Sections of this Act, subject to the |
|
limitations on aggregate principal amounts contained therein. |
Upon any such reallocation, such unspent proceeds shall be |
transferred to the appropriate funds as determined by |
reference to paragraphs (a) through (g) of this Section. |
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
101-30, eff. 6-28-19.)
|
(30 ILCS 330/15) (from Ch. 127, par. 665) |
Sec. 15. Computation of principal and interest; transfers. |
(a) Upon each delivery of Bonds authorized to be issued |
under this Act, the Comptroller shall compute and certify to |
the Treasurer the total amount of principal of, interest on, |
and premium, if any, on Bonds issued that will be payable in |
order to retire such Bonds, the amount of principal of, |
interest on and premium, if any, on such Bonds that will be |
payable on each payment date according to the tenor of such |
Bonds during the then current and each succeeding fiscal year, |
and the amount of sinking fund payments needed to be deposited |
in connection with Qualified School Construction Bonds |
authorized by subsection (e) of Section 9. With respect to the |
interest payable on variable rate bonds, such certifications |
shall be calculated at the maximum rate of interest that may be |
payable during the fiscal year, after taking into account any |
credits permitted in the related indenture or other instrument |
against the amount of such interest required to be |
appropriated for such period pursuant to subsection (c) of |
|
Section 14 of this Act. With respect to the interest payable, |
such certifications shall include the amounts certified by the |
Director of the Governor's Office of Management and Budget |
under subsection (b) of Section 9 of this Act. |
On or before the last day of each month the State Treasurer |
and Comptroller shall transfer from (1) the Road Fund with |
respect to Bonds issued under paragraphs (a) and (e) of |
Section 4 of this Act, or Bonds issued under authorization in |
Public Act 98-781, or Bonds issued for the purpose of |
refunding such bonds, and from (2) the General Revenue Fund, |
with respect to all other Bonds issued under this Act, to the |
General Obligation Bond Retirement and Interest Fund an amount |
sufficient to pay the aggregate of the principal of, interest |
on, and premium, if any, on Bonds payable, by their terms on |
the next payment date divided by the number of full calendar |
months between the date of such Bonds and the first such |
payment date, and thereafter, divided by the number of months |
between each succeeding payment date after the first. Such |
computations and transfers shall be made for each series of |
Bonds issued and delivered. Interest payable on variable rate |
bonds shall be calculated at the maximum rate of interest that |
may be payable for the relevant period, after taking into |
account any credits permitted in the related indenture or |
other instrument against the amount of such interest required |
to be appropriated for such period pursuant to subsection (c) |
of Section 14 of this Act. Computations of interest shall |
|
include the amounts certified by the Director of the |
Governor's Office of Management and Budget under subsection |
(b) of Section 9 of this Act. Interest for which moneys have |
already been deposited into the capitalized interest account |
within the General Obligation Bond Retirement and Interest |
Fund shall not be included in the calculation of the amounts to |
be transferred under this subsection. Notwithstanding any |
other provision in this Section, the transfer provisions |
provided in this paragraph shall not apply to transfers made |
in fiscal year 2010 or fiscal year 2011 with respect to Bonds |
issued in fiscal year 2010 or fiscal year 2011 pursuant to |
Section 7.2 of this Act. In the case of transfers made in |
fiscal year 2010 or fiscal year 2011 with respect to the Bonds |
issued in fiscal year 2010 or fiscal year 2011 pursuant to |
Section 7.2 of this Act, on or before the 15th day of the month |
prior to the required debt service payment, the State |
Treasurer and Comptroller shall transfer from the General |
Revenue Fund to the General Obligation Bond Retirement and |
Interest Fund an amount sufficient to pay the aggregate of the |
principal of, interest on, and premium, if any, on the Bonds |
payable in that next month. |
The transfer of monies herein and above directed is not |
required if monies in the General Obligation Bond Retirement |
and Interest Fund are more than the amount otherwise to be |
transferred as herein above provided, and if the Governor or |
his authorized representative notifies the State Treasurer and |
|
Comptroller of such fact in writing. |
(b) The After the effective date of this Act, the balance |
of, and monies directed to be included in the Capital |
Development Bond Retirement and Interest Fund, Anti-Pollution |
Bond Retirement and Interest Fund, Transportation Bond, Series |
A Retirement and Interest Fund, Transportation Bond, Series B |
Retirement and Interest Fund, and Coal Development Bond |
Retirement and Interest Fund shall be transferred to and |
deposited in the General Obligation Bond Retirement and |
Interest Fund . This Fund shall be used to make debt service |
payments on the State's general obligation Bonds heretofore |
issued which are now outstanding and payable from the Funds |
herein listed as well as on Bonds issued under this Act. |
(c) The unused portion of federal funds received for or as |
reimbursement for a capital facilities project, as authorized |
by Section 3 of this Act, for which monies from the Capital |
Development Fund have been expended shall remain in the |
Capital Development Board Contributory Trust Fund and shall be |
used for capital projects and for no other purpose, subject to |
appropriation and as directed by the Capital Development |
Board. Any federal funds received as reimbursement for the |
completed construction of a capital facilities project, as |
authorized by Section 3 of this Act, for which monies from the |
Capital Development Fund have been expended may be used for |
any expense or project necessary for implementation of the |
Quincy Veterans' Home Rehabilitation and Rebuilding Act for a |
|
period of 5 years from July 17, 2018 (the effective date of |
Public Act 100-610). |
(Source: P.A. 101-30, eff. 6-28-19; 102-699, eff. 4-19-22.)
|
(30 ILCS 395/Act rep.) |
Section 15-30. The Educational Institution Bond |
Authorization Act is repealed.
|
(30 ILCS 400/Act rep.) |
Section 15-35. The Mental Health Institution Bond Act is |
repealed.
|
(30 ILCS 405/Act rep.) |
Section 15-40. The Anti-Pollution Bond Act is repealed.
|
(30 ILCS 410/Act rep.) |
Section 15-45. The Anti-Pollution Bond Fund Transfer Act |
is repealed.
|
(30 ILCS 415/Act rep.) |
Section 15-50. The Transportation Bond Act is repealed.
|
(30 ILCS 420/Act rep.) |
Section 15-55. The Capital Development Bond Act of 1972 is |
repealed.
|
|
Section 15-60. The Public Community College Act is amended |
by changing Sections 5-1, 5-9, and 5-12 as follows:
|
(110 ILCS 805/5-1) (from Ch. 122, par. 105-1) |
Sec. 5-1. Application; State funds. |
(a) This Article does not apply to community college |
energy conservation measures and guaranteed energy saving |
contracts undertaken, implemented, or entered into under |
Article V-A. |
(b) Upon compliance with the provisions of this Article, |
any community college may receive and expend funds for |
building purposes under the direction of the State Board |
pursuant to the provisions of the General Obligation Bond Act, |
the Capital Development Bond Act of 1972 (now repealed), and |
the Capital Development Board Act. |
(Source: P.A. 88-173.)
|
(110 ILCS 805/5-9) (from Ch. 122, par. 105-9) |
Sec. 5-9. The community college district may finance 25% |
or more of the project by issuing bonds in the manner provided |
in Article IIIA. The community college board is authorized to |
transfer to the Capital Development Board to supplement the |
financing by the Capital Development Board responsive to the |
General Obligation Bond Act, " Capital Development Bond Act of |
1972 (now repealed) ", as now or hereafter amended , and the |
" Capital Development Board Act ", as now or hereafter amended, |
|
such monies as are necessary to finance at least 25% of the |
project. In addition any community college district may |
designate for building purposes any property it may own, |
either real or personal, situated within the geographical |
boundaries of such community college district, as part of its |
contribution necessary to finance at least 25% of the project. |
The obligation of property and money may be made for any |
project authorized by law to be undertaken by the Capital |
Development Board responsive to a declaration of such project |
being in the public interest by the General Assembly for any of |
the purposes approved by the State Board. |
(Source: P.A. 81-1509.)
|
(110 ILCS 805/5-12) (from Ch. 122, par. 105-12) |
Sec. 5-12. In the event the Capital Development Board |
determines that a facility previously provided for a community |
college under this Article was defectively designed or |
constructed, the cost of any necessary corrective work shall |
be fully funded by monies appropriated pursuant to the General |
Obligation Bond Act Capital Development Bond Act of 1972, as |
now or hereafter amended . In such an instance, the community |
college shall not be required to provide any portion of the |
cost of the corrective work. |
Should a community college district recover damages |
against any party responsible for the defective design or |
construction of a community college facility, the community |
|
college district shall reimburse the State of Illinois for any |
funds provided by the State to correct building defects. |
No provision of this Section shall preclude or delay |
litigation by a community college district to recover damages |
for such defective design or construction from the party or |
parties responsible for same. |
(Source: P.A. 81-994.)
|
Section 15-65. The Environmental Protection Act is amended |
by changing Section 4 as follows:
|
(415 ILCS 5/4) (from Ch. 111 1/2, par. 1004) |
Sec. 4. Environmental Protection Agency; establishment; |
duties. |
(a) There is established in the Executive Branch of the |
State Government an agency to be known as the Environmental |
Protection Agency. This Agency shall be under the supervision |
and direction of a Director who shall be appointed by the |
Governor with the advice and consent of the Senate. The term of |
office of the Director shall expire on the third Monday of |
January in odd numbered years, provided that he or she shall |
hold office until a successor is appointed and has qualified. |
For terms beginning after January 18, 2019 (the effective date |
of Public Act 100-1179) and before January 16, 2023, the |
Director's annual salary shall be an amount equal to 15% more |
than the Director's annual salary as of December 31, 2018. The |
|
calculation of the 2018 salary base for this adjustment shall |
not include any cost of living adjustments, as authorized by |
Senate Joint Resolution 192 of the 86th General Assembly, for |
the period beginning July 1, 2009 to June 30, 2019. Beginning |
July 1, 2019 and each July 1 thereafter, the Director shall |
receive an increase in salary based on a cost of living |
adjustment as authorized by Senate Joint Resolution 192 of the |
86th General Assembly. Notwithstanding any other provision of |
law, for terms beginning on or after January 16, 2023, the |
Director shall receive an annual salary of $180,000 or as set |
by the Governor, whichever is higher. On July 1, 2023, and on |
each July 1 thereafter, the Director shall receive an increase |
in salary based on a cost of living adjustment as authorized by |
Senate Joint Resolution 192 of the 86th General Assembly. The |
Director, in accord with the Personnel Code, shall employ and |
direct such personnel, and shall provide for such laboratory |
and other facilities, as may be necessary to carry out the |
purposes of this Act. In addition, the Director may by |
agreement secure such services as he or she may deem necessary |
from any other department, agency, or unit of the State |
Government, and may employ and compensate such consultants and |
technical assistants as may be required. |
(b) The Agency shall have the duty to collect and |
disseminate such information, acquire such technical data, and |
conduct such experiments as may be required to carry out the |
purposes of this Act, including ascertainment of the quantity |
|
and nature of discharges from any contaminant source and data |
on those sources, and to operate and arrange for the operation |
of devices for the monitoring of environmental quality. |
(c) The Agency shall have authority to conduct a program |
of continuing surveillance and of regular or periodic |
inspection of actual or potential contaminant or noise |
sources, of public water supplies, and of refuse disposal |
sites. |
(d) In accordance with constitutional limitations, the |
Agency shall have authority to enter at all reasonable times |
upon any private or public property for the purpose of: |
(1) Inspecting and investigating to ascertain possible |
violations of this Act, any rule or regulation adopted |
under this Act, any permit or term or condition of a |
permit, or any Board order; or |
(2) In accordance with the provisions of this Act, |
taking whatever preventive or corrective action, including |
but not limited to removal or remedial action, that is |
necessary or appropriate whenever there is a release or a |
substantial threat of a release of (A) a hazardous |
substance or pesticide or (B) petroleum from an |
underground storage tank. |
(e) The Agency shall have the duty to investigate |
violations of this Act, any rule or regulation adopted under |
this Act, any permit or term or condition of a permit, or any |
Board order; to issue administrative citations as provided in |
|
Section 31.1 of this Act; and to take such summary enforcement |
action as is provided for by Section 34 of this Act. |
(f) The Agency shall appear before the Board in any |
hearing upon a petition for variance or time-limited water |
quality standard, the denial of a permit, or the validity or |
effect of a rule or regulation of the Board, and shall have the |
authority to appear before the Board in any hearing under the |
Act. |
(g) The Agency shall have the duty to administer, in |
accord with Title X of this Act, such permit and certification |
systems as may be established by this Act or by regulations |
adopted thereunder. The Agency may enter into written |
delegation agreements with any department, agency, or unit of |
State or local government under which all or portions of this |
duty may be delegated for public water supply storage and |
transport systems, sewage collection and transport systems, |
air pollution control sources with uncontrolled emissions of |
100 tons per year or less and application of algicides to |
waters of the State. Such delegation agreements will require |
that the work to be performed thereunder will be in accordance |
with Agency criteria, subject to Agency review, and shall |
include such financial and program auditing by the Agency as |
may be required. |
(h) The Agency shall have authority to require the |
submission of complete plans and specifications from any |
applicant for a permit required by this Act or by regulations |
|
thereunder, and to require the submission of such reports |
regarding actual or potential violations of this Act, any rule |
or regulation adopted under this Act, any permit or term or |
condition of a permit, or any Board order, as may be necessary |
for the purposes of this Act. |
(i) The Agency shall have authority to make |
recommendations to the Board for the adoption of regulations |
under Title VII of the Act. |
(j) The Agency shall have the duty to represent the State |
of Illinois in any and all matters pertaining to plans, |
procedures, or negotiations for interstate compacts or other |
governmental arrangements relating to environmental |
protection. |
(k) The Agency shall have the authority to accept, |
receive, and administer on behalf of the State any grants, |
gifts, loans, indirect cost reimbursements, or other funds |
made available to the State from any source for purposes of |
this Act or for air or water pollution control, public water |
supply, solid waste disposal, noise abatement, or other |
environmental protection activities, surveys, or programs. Any |
federal funds received by the Agency pursuant to this |
subsection shall be deposited in a trust fund with the State |
Treasurer and held and disbursed by him in accordance with |
Treasurer as Custodian of Funds Act, provided that such monies |
shall be used only for the purposes for which they are |
contributed and any balance remaining shall be returned to the |
|
contributor. |
The Agency is authorized to promulgate such regulations |
and enter into such contracts as it may deem necessary for |
carrying out the provisions of this subsection. |
(l) The Agency is hereby designated as water pollution |
agency for the state for all purposes of the Federal Water |
Pollution Control Act, as amended; as implementing agency for |
the State for all purposes of the Safe Drinking Water Act, |
Public Law 93-523, as now or hereafter amended, except Section |
1425 of that Act; as air pollution agency for the state for all |
purposes of the Clean Air Act of 1970, Public Law 91-604, |
approved December 31, 1970, as amended; and as solid waste |
agency for the state for all purposes of the Solid Waste |
Disposal Act, Public Law 89-272, approved October 20, 1965, |
and amended by the Resource Recovery Act of 1970, Public Law |
91-512, approved October 26, 1970, as amended, and amended by |
the Resource Conservation and Recovery Act of 1976, (P.L. |
94-580) approved October 21, 1976, as amended; as noise |
control agency for the state for all purposes of the Noise |
Control Act of 1972, Public Law 92-574, approved October 27, |
1972, as amended; and as implementing agency for the State for |
all purposes of the Comprehensive Environmental Response, |
Compensation, and Liability Act of 1980 (P.L. 96-510), as |
amended; and otherwise as pollution control agency for the |
State pursuant to federal laws integrated with the foregoing |
laws, for financing purposes or otherwise. The Agency is |
|
hereby authorized to take all action necessary or appropriate |
to secure to the State the benefits of such federal Acts, |
provided that the Agency shall transmit to the United States |
without change any standards adopted by the Pollution Control |
Board pursuant to Section 5(c) of this Act. This subsection |
(l) of Section 4 shall not be construed to bar or prohibit the |
Environmental Protection Trust Fund Commission from accepting, |
receiving, and administering on behalf of the State any |
grants, gifts, loans or other funds for which the Commission |
is eligible pursuant to the Environmental Protection Trust |
Fund Act. The Agency is hereby designated as the State agency |
for all purposes of administering the requirements of Section |
313 of the federal Emergency Planning and Community |
Right-to-Know Act of 1986. |
Any municipality, sanitary district, or other political |
subdivision, or any Agency of the State or interstate Agency, |
which makes application for loans or grants under such federal |
Acts shall notify the Agency of such application; the Agency |
may participate in proceedings under such federal Acts. |
(m) The Agency shall have authority, consistent with |
Section 5(c) and other provisions of this Act, and for |
purposes of Section 303(e) of the Federal Water Pollution |
Control Act, as now or hereafter amended, to engage in |
planning processes and activities and to develop plans in |
cooperation with units of local government, state agencies and |
officers, and other appropriate persons in connection with the |
|
jurisdiction or duties of each such unit, agency, officer or |
person. Public hearings shall be held on the planning process, |
at which any person shall be permitted to appear and be heard, |
pursuant to procedural regulations promulgated by the Agency. |
(n) In accordance with the powers conferred upon the |
Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, |
the Agency shall have authority to establish and enforce |
minimum standards for the operation of laboratories relating |
to analyses and laboratory tests for air pollution, water |
pollution, noise emissions, contaminant discharges onto land |
and sanitary, chemical, and mineral quality of water |
distributed by a public water supply. The Agency may enter |
into formal working agreements with other departments or |
agencies of state government under which all or portions of |
this authority may be delegated to the cooperating department |
or agency. |
(o) The Agency shall have the authority to issue |
certificates of competency to persons and laboratories meeting |
the minimum standards established by the Agency in accordance |
with Section 4(n) of this Act and to promulgate and enforce |
regulations relevant to the issuance and use of such |
certificates. The Agency may enter into formal working |
agreements with other departments or agencies of state |
government under which all or portions of this authority may |
be delegated to the cooperating department or agency. |
(p) Except as provided in Section 17.7, the Agency shall |
|
have the duty to analyze samples as required from each public |
water supply to determine compliance with the contaminant |
levels specified by the Pollution Control Board. The maximum |
number of samples which the Agency shall be required to |
analyze for microbiological quality shall be 6 per month, but |
the Agency may, at its option, analyze a larger number each |
month for any supply. Results of sample analyses for |
additional required bacteriological testing, turbidity, |
residual chlorine and radionuclides are to be provided to the |
Agency in accordance with Section 19. Owners of water supplies |
may enter into agreements with the Agency to provide for |
reduced Agency participation in sample analyses. |
(q) The Agency shall have the authority to provide notice |
to any person who may be liable pursuant to Section 22.2(f) of |
this Act for a release or a substantial threat of a release of |
a hazardous substance or pesticide. Such notice shall include |
the identified response action and an opportunity for such |
person to perform the response action. |
(r) The Agency may enter into written delegation |
agreements with any unit of local government under which it |
may delegate all or portions of its inspecting, investigating |
and enforcement functions. Such delegation agreements shall |
require that work performed thereunder be in accordance with |
Agency criteria and subject to Agency review. Notwithstanding |
any other provision of law to the contrary, no unit of local |
government shall be liable for any injury resulting from the |
|
exercise of its authority pursuant to such a delegation |
agreement unless the injury is proximately caused by the |
willful and wanton negligence of an agent or employee of the |
unit of local government, and any policy of insurance coverage |
issued to a unit of local government may provide for the denial |
of liability and the nonpayment of claims based upon injuries |
for which the unit of local government is not liable pursuant |
to this subsection (r). |
(s) The Agency shall have authority to take whatever |
preventive or corrective action is necessary or appropriate, |
including but not limited to expenditure of monies |
appropriated from the Build Illinois Bond Fund for removal or |
remedial action, whenever any hazardous substance or pesticide |
is released or there is a substantial threat of such a release |
into the environment. The State, the Director, and any State |
employee shall be indemnified for any damages or injury |
arising out of or resulting from any action taken under this |
subsection. The Director of the Agency is authorized to enter |
into such contracts and agreements as are necessary to carry |
out the Agency's duties under this subsection. |
(t) The Agency shall have authority to distribute grants, |
subject to appropriation by the General Assembly, to units of |
local government for financing and construction of wastewater |
facilities in both incorporated and unincorporated areas. With |
respect to all monies appropriated from the Build Illinois |
Bond Fund for wastewater facility grants, the Agency shall |
|
make distributions in conformity with the rules and |
regulations established pursuant to the Anti-Pollution Bond |
Act (now repealed) or the General Obligation Bond Act , as now |
or hereafter amended . |
(u) Pursuant to the Illinois Administrative Procedure Act, |
the Agency shall have the authority to adopt such rules as are |
necessary or appropriate for the Agency to implement Section |
31.1 of this Act. |
(v) (Blank.) |
(w) Neither the State, nor the Director, nor the Board, |
nor any State employee shall be liable for any damages or |
injury arising out of or resulting from any action taken under |
subsection (s). |
(x)(1) The Agency shall have authority to distribute |
grants, subject to appropriation by the General Assembly, to |
units of local government for financing and construction of |
public water supply facilities. With respect to all monies |
appropriated from the Build Illinois Bond Fund for public |
water supply grants, such grants shall be made in accordance |
with rules promulgated by the Agency. Such rules shall include |
a requirement for a local match of 30% of the total project |
cost for projects funded through such grants. |
(2) The Agency shall not terminate a grant to a unit of |
local government for the financing and construction of public |
water supply facilities unless and until the Agency adopts |
rules that set forth precise and complete standards, pursuant |
|
to Section 5-20 of the Illinois Administrative Procedure Act, |
for the termination of such grants. The Agency shall not make |
determinations on whether specific grant conditions are |
necessary to ensure the integrity of a project or on whether |
subagreements shall be awarded, with respect to grants for the |
financing and construction of public water supply facilities, |
unless and until the Agency adopts rules that set forth |
precise and complete standards, pursuant to Section 5-20 of |
the Illinois Administrative Procedure Act, for making such |
determinations. The Agency shall not issue a stop-work order |
in relation to such grants unless and until the Agency adopts |
precise and complete standards, pursuant to Section 5-20 of |
the Illinois Administrative Procedure Act, for determining |
whether to issue a stop-work order. |
(y) The Agency shall have authority to release any person |
from further responsibility for preventive or corrective |
action under this Act following successful completion of |
preventive or corrective action undertaken by such person upon |
written request by the person. |
(z) To the extent permitted by any applicable federal law |
or regulation, for all work performed for State construction |
projects which are funded in whole or in part by a capital |
infrastructure bill enacted by the 96th General Assembly by |
sums appropriated to the Environmental Protection Agency, at |
least 50% of the total labor hours must be performed by actual |
residents of the State of Illinois. For purposes of this |
|
subsection, "actual residents of the State of Illinois" means |
persons domiciled in the State of Illinois. The Department of |
Labor shall promulgate rules providing for the enforcement of |
this subsection. |
(aa) The Agency may adopt rules requiring the electronic |
submission of any information required to be submitted to the |
Agency pursuant to any State or federal law or regulation or |
any court or Board order. Any rules adopted under this |
subsection (aa) must include, but are not limited to, |
identification of the information to be submitted |
electronically. |
(Source: P.A. 102-1071, eff. 6-10-22; 102-1115, eff. 1-9-23.)
|
Section 15-70. The Illinois Highway Code is amended by |
changing Section 3-107 as follows:
|
(605 ILCS 5/3-107) (from Ch. 121, par. 3-107) |
Sec. 3-107. Whenever in the judgment of the Department it |
is necessary as an incident to the construction of a project on |
the National System of Interstate and Defense Highways, |
including extensions thereof within urban areas, or any State |
highway constructed under the provisions of Section 2 of the |
" Transportation Bond Act (now repealed) or Section 4 of the |
General Obligation Bond Act ", approved July 2, 1971, as now or |
hereafter amended , to relocate utility facilities, wherever |
located and whenever constructed, the cost of such relocation |
|
may be deemed to be one of the costs of constructing such |
project and the Department may, on behalf of the State, pay |
such costs. For the purposes of this Section, the term |
"utility" includes publicly, municipally, privately, and |
cooperatively owned utilities; the term "cost of such |
relocation" includes the entire amount paid by such utility |
properly attributable to such relocation after deducting |
therefrom any increase in the value of the new facility and any |
salvage value derived from the old facility; and the term |
"National System of Interstate and Defense Highways" includes |
any highway which now is or shall hereafter be a part of the |
National System of Interstate and Defense Highways, as |
provided in the Federal Aid Highway Act of 1956, and any acts |
supplemental thereto or amendatory thereof. |
(Source: P.A. 77-2752 .)
|
Article 99.
|
Section 99-99. Effective date. This Act takes effect upon |
becoming law. |
|
INDEX
|
Statutes amended in order of appearance
|
|