Bill Text: IL HB5601 | 2023-2024 | 103rd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends various Acts concerning various State programs, State funds, and State fund transfers. Deletes obsolete language and makes technical changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2024-07-01 - Effective Date July 1, 2024 [HB5601 Detail]
Download: Illinois-2023-HB5601-Introduced.html
Bill Title: Amends various Acts concerning various State programs, State funds, and State fund transfers. Deletes obsolete language and makes technical changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2024-07-01 - Effective Date July 1, 2024 [HB5601 Detail]
Download: Illinois-2023-HB5601-Introduced.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Article 5. | |||||||||||||||||||
5 | Section 5-5. The State Employees Group Insurance Act of | |||||||||||||||||||
6 | 1971 is amended by changing Section 11 as follows:
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7 | (5 ILCS 375/11) (from Ch. 127, par. 531) | |||||||||||||||||||
8 | Sec. 11. The amount of contribution in any fiscal year | |||||||||||||||||||
9 | from funds other than the General Revenue Fund or the Road Fund | |||||||||||||||||||
10 | shall be at the same contribution rate as the General Revenue | |||||||||||||||||||
11 | Fund or the Road Fund except that, in State Fiscal Year 2009, | |||||||||||||||||||
12 | no contributions shall be required from the FY09 Budget Relief | |||||||||||||||||||
13 | Fund . Contributions and payments for life insurance shall be | |||||||||||||||||||
14 | deposited in the Group Insurance Premium Fund. Contributions | |||||||||||||||||||
15 | and payments for health coverages and other benefits shall be | |||||||||||||||||||
16 | deposited in the Health Insurance Reserve Fund. Federal funds | |||||||||||||||||||
17 | which are available for cooperative extension purposes shall | |||||||||||||||||||
18 | also be charged for the contributions which are made for | |||||||||||||||||||
19 | retired employees formerly employed in the Cooperative | |||||||||||||||||||
20 | Extension Service. In the case of departments or any division | |||||||||||||||||||
21 | thereof receiving a fraction of its requirements for | |||||||||||||||||||
22 | administration from the Federal Government, the contributions |
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1 | hereunder shall be such fraction of the amount determined | ||||||
2 | under the provisions hereof and the remainder shall be | ||||||
3 | contributed by the State. | ||||||
4 | Every department which has members paid from funds other | ||||||
5 | than the General Revenue Fund shall cooperate with the | ||||||
6 | Department of Central Management Services and the Governor's | ||||||
7 | Office of Management and Budget in order to assure that the | ||||||
8 | specified proportion of the State's cost for group life | ||||||
9 | insurance, the program of health benefits and other employee | ||||||
10 | benefits is paid by such funds; except that contributions | ||||||
11 | under this Act need not be paid from any other fund where both | ||||||
12 | the Director of Central Management Services and the Director | ||||||
13 | of the Governor's Office of Management and Budget have | ||||||
14 | designated in writing that the necessary contributions are | ||||||
15 | included in the General Revenue Fund contribution amount. | ||||||
16 | Universities having employees who are compensated out of | ||||||
17 | the following funds or sources are not required to submit the | ||||||
18 | contribution described in this Section for such employees: | ||||||
19 | (1) income funds, as described in Sections 6a-1, | ||||||
20 | 6a-1a, 6a-1b, 6a-1c, 6a-1d, 6a-1e, 6a-1f, 6a-1g, and 6d of | ||||||
21 | the State Finance Act, including tuition, laboratory, and | ||||||
22 | library fees and any interest earned on those fees; | ||||||
23 | (2) local auxiliary funds, as described in the | ||||||
24 | Legislative Audit Commission's University Guidelines, as | ||||||
25 | published on November 17, 2020, including the following: | ||||||
26 | (i) funds from auxiliary enterprises, which are |
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1 | operations that support the overall objectives of the | ||||||
2 | university but are not directly related to | ||||||
3 | instruction, research, or service organizational | ||||||
4 | units; | ||||||
5 | (ii) funds from auxiliary activities, which are | ||||||
6 | functions that are self-supporting, in whole or in | ||||||
7 | part, and are directly related to instruction, | ||||||
8 | research, or service units; | ||||||
9 | (3) the Agricultural Premium Fund as established by | ||||||
10 | Section 5.01 of the State Finance Act; | ||||||
11 | (4) appropriations from the General Revenue Fund, | ||||||
12 | Education Assistance Fund, or other State appropriations | ||||||
13 | that are made for the purposes of instruction, research, | ||||||
14 | public service, or economic development; | ||||||
15 | (5) funds to the University of Illinois Hospital for | ||||||
16 | health care professional services that are performed by | ||||||
17 | University of Illinois faculty or University of Illinois | ||||||
18 | health care programs established under the University of | ||||||
19 | Illinois Hospital Act; or | ||||||
20 | (6) funds designated for the Cooperative Extension | ||||||
21 | Service, as defined in Section 3 of the County Cooperative | ||||||
22 | Extension Law. | ||||||
23 | If an employee of a university is partially compensated | ||||||
24 | from the funds or sources of funds identified in paragraphs | ||||||
25 | (1) through (6) above, universities shall be required to | ||||||
26 | submit a pro rata contribution for the portion of the |
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1 | employee's compensation that is derived out of funds or | ||||||
2 | sources other than those identified in paragraphs (1) through | ||||||
3 | (6) above. | ||||||
4 | The Department of Central Management Services may conduct | ||||||
5 | a post-payment review of university reimbursements to assess | ||||||
6 | or address any discrepancies. Universities shall cooperate | ||||||
7 | with the Department of Central Management Services during any | ||||||
8 | post-payment review, that may require universities to provide | ||||||
9 | documentation to support payment calculations or funding | ||||||
10 | sources used for calculating reimbursements. The Department of | ||||||
11 | Central Management Services reserves the right to reconcile | ||||||
12 | any discrepancies in reimbursement subtotals or total | ||||||
13 | obligations and to notify universities of all final | ||||||
14 | reconciliations, which shall include the Department of Central | ||||||
15 | Management Services calculations and the amount of any credits | ||||||
16 | or obligations that may be due. | ||||||
17 | For each employee of the Illinois Toll Highway Authority | ||||||
18 | covered under this Act whose eligibility for such coverage is | ||||||
19 | as an annuitant, the Authority shall annually contribute an | ||||||
20 | amount, as determined by the Director of the Department of | ||||||
21 | Central Management Services, that represents the average | ||||||
22 | employer's share of the cost of retiree coverage per | ||||||
23 | participating employee in the State Employees Group Insurance | ||||||
24 | Program. | ||||||
25 | (Source: P.A. 102-1071, eff. 6-10-22; 102-1115, eff. 1-9-23.)
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1 | Section 5-10. The Illinois Act on the Aging is amended by | ||||||
2 | changing Section 4.01 as follows:
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3 | (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01) | ||||||
4 | Sec. 4.01. Additional powers and duties of the Department. | ||||||
5 | In addition to powers and duties otherwise provided by law, | ||||||
6 | the Department shall have the following powers and duties: | ||||||
7 | (1) To evaluate all programs, services, and facilities for | ||||||
8 | the aged and for minority senior citizens within the State and | ||||||
9 | determine the extent to which present public or private | ||||||
10 | programs, services and facilities meet the needs of the aged. | ||||||
11 | (2) To coordinate and evaluate all programs, services, and | ||||||
12 | facilities for the Aging and for minority senior citizens | ||||||
13 | presently furnished by State agencies and make appropriate | ||||||
14 | recommendations regarding such services, programs and | ||||||
15 | facilities to the Governor and/or the General Assembly. | ||||||
16 | (2-a) To request, receive, and share information | ||||||
17 | electronically through the use of data-sharing agreements for | ||||||
18 | the purpose of (i) establishing and verifying the initial and | ||||||
19 | continuing eligibility of older adults to participate in | ||||||
20 | programs administered by the Department; (ii) maximizing | ||||||
21 | federal financial participation in State assistance | ||||||
22 | expenditures; and (iii) investigating allegations of fraud or | ||||||
23 | other abuse of publicly funded benefits. Notwithstanding any | ||||||
24 | other law to the contrary, but only for the limited purposes | ||||||
25 | identified in the preceding sentence, this paragraph (2-a) |
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1 | expressly authorizes the exchanges of income, identification, | ||||||
2 | and other pertinent eligibility information by and among the | ||||||
3 | Department and the Social Security Administration, the | ||||||
4 | Department of Employment Security, the Department of | ||||||
5 | Healthcare and Family Services, the Department of Human | ||||||
6 | Services, the Department of Revenue, the Secretary of State, | ||||||
7 | the U.S. Department of Veterans Affairs, and any other | ||||||
8 | governmental entity. The confidentiality of information | ||||||
9 | otherwise shall be maintained as required by law. In addition, | ||||||
10 | the Department on Aging shall verify employment information at | ||||||
11 | the request of a community care provider for the purpose of | ||||||
12 | ensuring program integrity under the Community Care Program. | ||||||
13 | (3) To function as the sole State agency to develop a | ||||||
14 | comprehensive plan to meet the needs of the State's senior | ||||||
15 | citizens and the State's minority senior citizens. | ||||||
16 | (4) To receive and disburse State and federal funds made | ||||||
17 | available directly to the Department including those funds | ||||||
18 | made available under the Older Americans Act and the Senior | ||||||
19 | Community Service Employment Program for providing services | ||||||
20 | for senior citizens and minority senior citizens or for | ||||||
21 | purposes related thereto, and shall develop and administer any | ||||||
22 | State Plan for the Aging required by federal law. | ||||||
23 | (5) To solicit, accept, hold, and administer in behalf of | ||||||
24 | the State any grants or legacies of money, securities, or | ||||||
25 | property to the State of Illinois for services to senior | ||||||
26 | citizens and minority senior citizens or purposes related |
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1 | thereto. | ||||||
2 | (6) To provide consultation and assistance to communities, | ||||||
3 | area agencies on aging, and groups developing local services | ||||||
4 | for senior citizens and minority senior citizens. | ||||||
5 | (7) To promote community education regarding the problems | ||||||
6 | of senior citizens and minority senior citizens through | ||||||
7 | institutes, publications, radio, television and the local | ||||||
8 | press. | ||||||
9 | (8) To cooperate with agencies of the federal government | ||||||
10 | in studies and conferences designed to examine the needs of | ||||||
11 | senior citizens and minority senior citizens and to prepare | ||||||
12 | programs and facilities to meet those needs. | ||||||
13 | (9) To establish and maintain information and referral | ||||||
14 | sources throughout the State when not provided by other | ||||||
15 | agencies. | ||||||
16 | (10) To provide the staff support that may reasonably be | ||||||
17 | required by the Council. | ||||||
18 | (11) To make and enforce rules and regulations necessary | ||||||
19 | and proper to the performance of its duties. | ||||||
20 | (12) To establish and fund programs or projects or | ||||||
21 | experimental facilities that are specially designed as | ||||||
22 | alternatives to institutional care. | ||||||
23 | (13) To develop a training program to train the counselors | ||||||
24 | presently employed by the Department's aging network to | ||||||
25 | provide Medicare beneficiaries with counseling and advocacy in | ||||||
26 | Medicare, private health insurance, and related health care |
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1 | coverage plans. The Department shall report to the General | ||||||
2 | Assembly on the implementation of the training program on or | ||||||
3 | before December 1, 1986. | ||||||
4 | (14) To make a grant to an institution of higher learning | ||||||
5 | to study the feasibility of establishing and implementing an | ||||||
6 | affirmative action employment plan for the recruitment, | ||||||
7 | hiring, training and retraining of persons 60 or more years | ||||||
8 | old for jobs for which their employment would not be precluded | ||||||
9 | by law. | ||||||
10 | (15) To present one award annually in each of the | ||||||
11 | categories of community service, education, the performance | ||||||
12 | and graphic arts, and the labor force to outstanding Illinois | ||||||
13 | senior citizens and minority senior citizens in recognition of | ||||||
14 | their individual contributions to either community service, | ||||||
15 | education, the performance and graphic arts, or the labor | ||||||
16 | force. The awards shall be presented to 4 senior citizens and | ||||||
17 | minority senior citizens selected from a list of 44 nominees | ||||||
18 | compiled annually by the Department. Nominations shall be | ||||||
19 | solicited from senior citizens' service providers, area | ||||||
20 | agencies on aging, senior citizens' centers, and senior | ||||||
21 | citizens' organizations. The Department shall establish a | ||||||
22 | central location within the State to be designated as the | ||||||
23 | Senior Illinoisans Hall of Fame for the public display of all | ||||||
24 | the annual awards, or replicas thereof. | ||||||
25 | (16) To establish multipurpose senior centers through area | ||||||
26 | agencies on aging and to fund those new and existing |
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1 | multipurpose senior centers through area agencies on aging, | ||||||
2 | the establishment and funding to begin in such areas of the | ||||||
3 | State as the Department shall designate by rule and as | ||||||
4 | specifically appropriated funds become available. | ||||||
5 | (17) (Blank). | ||||||
6 | (18) To develop a pamphlet in English and Spanish which | ||||||
7 | may be used by physicians licensed to practice medicine in all | ||||||
8 | of its branches pursuant to the Medical Practice Act of 1987, | ||||||
9 | pharmacists licensed pursuant to the Pharmacy Practice Act, | ||||||
10 | and Illinois residents 65 years of age or older for the purpose | ||||||
11 | of assisting physicians, pharmacists, and patients in | ||||||
12 | monitoring prescriptions provided by various physicians and to | ||||||
13 | aid persons 65 years of age or older in complying with | ||||||
14 | directions for proper use of pharmaceutical prescriptions. The | ||||||
15 | pamphlet may provide space for recording information including | ||||||
16 | but not limited to the following: | ||||||
17 | (a) name and telephone number of the patient; | ||||||
18 | (b) name and telephone number of the prescribing | ||||||
19 | physician; | ||||||
20 | (c) date of prescription; | ||||||
21 | (d) name of drug prescribed; | ||||||
22 | (e) directions for patient compliance; and | ||||||
23 | (f) name and telephone number of dispensing pharmacy. | ||||||
24 | In developing the pamphlet, the Department shall consult | ||||||
25 | with the Illinois State Medical Society, the Center for | ||||||
26 | Minority Health Services, the Illinois Pharmacists Association |
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1 | and senior citizens organizations. The Department shall | ||||||
2 | distribute the pamphlets to physicians, pharmacists and | ||||||
3 | persons 65 years of age or older or various senior citizen | ||||||
4 | organizations throughout the State. | ||||||
5 | (19) To conduct a study of the feasibility of implementing | ||||||
6 | the Senior Companion Program throughout the State. | ||||||
7 | (20) The reimbursement rates paid through the community | ||||||
8 | care program for chore housekeeping services and home care | ||||||
9 | aides shall be the same. | ||||||
10 | (21) (Blank). From funds appropriated to the Department | ||||||
11 | from the Meals on Wheels Fund, a special fund in the State | ||||||
12 | treasury that is hereby created, and in accordance with State | ||||||
13 | and federal guidelines and the intrastate funding formula, to | ||||||
14 | make grants to area agencies on aging, designated by the | ||||||
15 | Department, for the sole purpose of delivering meals to | ||||||
16 | homebound persons 60 years of age and older. | ||||||
17 | (22) To distribute, through its area agencies on aging, | ||||||
18 | information alerting seniors on safety issues regarding | ||||||
19 | emergency weather conditions, including extreme heat and cold, | ||||||
20 | flooding, tornadoes, electrical storms, and other severe storm | ||||||
21 | weather. The information shall include all necessary | ||||||
22 | instructions for safety and all emergency telephone numbers of | ||||||
23 | organizations that will provide additional information and | ||||||
24 | assistance. | ||||||
25 | (23) To develop guidelines for the organization and | ||||||
26 | implementation of Volunteer Services Credit Programs to be |
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1 | administered by Area Agencies on Aging or community based | ||||||
2 | senior service organizations. The Department shall hold public | ||||||
3 | hearings on the proposed guidelines for public comment, | ||||||
4 | suggestion, and determination of public interest. The | ||||||
5 | guidelines shall be based on the findings of other states and | ||||||
6 | of community organizations in Illinois that are currently | ||||||
7 | operating volunteer services credit programs or demonstration | ||||||
8 | volunteer services credit programs. The Department shall offer | ||||||
9 | guidelines for all aspects of the programs including, but not | ||||||
10 | limited to, the following: | ||||||
11 | (a) types of services to be offered by volunteers; | ||||||
12 | (b) types of services to be received upon the | ||||||
13 | redemption of service credits; | ||||||
14 | (c) issues of liability for the volunteers and the | ||||||
15 | administering organizations; | ||||||
16 | (d) methods of tracking service credits earned and | ||||||
17 | service credits redeemed; | ||||||
18 | (e) issues of time limits for redemption of service | ||||||
19 | credits; | ||||||
20 | (f) methods of recruitment of volunteers; | ||||||
21 | (g) utilization of community volunteers, community | ||||||
22 | service groups, and other resources for delivering | ||||||
23 | services to be received by service credit program clients; | ||||||
24 | (h) accountability and assurance that services will be | ||||||
25 | available to individuals who have earned service credits; | ||||||
26 | and |
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1 | (i) volunteer screening and qualifications. | ||||||
2 | The Department shall submit a written copy of the guidelines | ||||||
3 | to the General Assembly by July 1, 1998. | ||||||
4 | (24) To function as the sole State agency to receive and | ||||||
5 | disburse State and federal funds for providing adult | ||||||
6 | protective services in a domestic living situation in | ||||||
7 | accordance with the Adult Protective Services Act. | ||||||
8 | (25) To hold conferences, trainings, and other programs | ||||||
9 | for which the Department shall determine by rule a reasonable | ||||||
10 | fee to cover related administrative costs. Rules to implement | ||||||
11 | the fee authority granted by this paragraph (25) must be | ||||||
12 | adopted in accordance with all provisions of the Illinois | ||||||
13 | Administrative Procedure Act and all rules and procedures of | ||||||
14 | the Joint Committee on Administrative Rules; any purported | ||||||
15 | rule not so adopted, for whatever reason, is unauthorized. | ||||||
16 | (Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380, | ||||||
17 | eff. 8-16-13; 98-756, eff. 7-16-14; 99-331, eff. 1-1-16 .)
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18 | Section 5-15. The Renewable Energy, Energy Efficiency, and | ||||||
19 | Coal Resources Development Law of 1997 is amended by changing | ||||||
20 | Section 6-3 as follows:
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21 | (20 ILCS 687/6-3) | ||||||
22 | (Section scheduled to be repealed on December 31, 2025) | ||||||
23 | Sec. 6-3. Renewable energy resources program. | ||||||
24 | (a) The Environmental Protection Agency, to be called the |
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1 | "Agency" hereinafter in this Law, shall administer the | ||||||
2 | Renewable Energy Resources Program to provide grants, loans, | ||||||
3 | and other incentives to foster investment in and the | ||||||
4 | development and use of renewable energy resources. | ||||||
5 | (b) The Agency may, by administrative rule, establish and | ||||||
6 | adjust eligibility criteria for grants, loans, and other | ||||||
7 | incentives to foster investment in and the development and use | ||||||
8 | of renewable energy resources. The criteria should promote the | ||||||
9 | goal of fostering investment in and the development and use, | ||||||
10 | in Illinois, of renewable energy resources. | ||||||
11 | (c) The Agency may accept applications for grants, loans, | ||||||
12 | and other incentives to foster investment in and the | ||||||
13 | development and use of renewable energy resources. | ||||||
14 | (d) To the extent that funds are available and | ||||||
15 | appropriated, the Agency shall provide grants, loans, and | ||||||
16 | other incentives to applicants that meet the criteria | ||||||
17 | specified by the Agency. | ||||||
18 | (e) (Blank). | ||||||
19 | (f) As used in this Law, "renewable energy resources" | ||||||
20 | includes energy from wind, solar thermal energy, photovoltaic | ||||||
21 | cells and panels, dedicated crops grown for energy production | ||||||
22 | and organic waste biomass, hydropower that does not involve | ||||||
23 | new construction or significant expansion of hydropower dams, | ||||||
24 | and other such alternative sources of environmentally | ||||||
25 | preferable energy. "Renewable energy resources" does not | ||||||
26 | include, however, energy from the incineration or burning of |
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1 | waste wood, tires, garbage, general household, institutional | ||||||
2 | and commercial waste, industrial lunchroom or office waste, | ||||||
3 | landscape waste, or construction or demolition debris. | ||||||
4 | (g) (Blank). There is created the Energy Efficiency | ||||||
5 | Investment Fund as a special fund in the State Treasury, to be | ||||||
6 | administered by the Agency to support the development of | ||||||
7 | technologies for wind, biomass, and solar power in Illinois. | ||||||
8 | The Agency may accept private and public funds, including | ||||||
9 | federal funds, for deposit into the Fund. | ||||||
10 | (Source: P.A. 102-444, eff. 8-20-21.)
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11 | (20 ILCS 1135/Act rep.) | ||||||
12 | Section 5-20. The Superconducting Super Collider Act is | ||||||
13 | repealed.
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14 | Section 5-25. The Illinois Commission on Volunteerism and | ||||||
15 | Community Service Act is amended by changing Section 4.5 as | ||||||
16 | follows:
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17 | (20 ILCS 1345/4.5) | ||||||
18 | Sec. 4.5. Serve Illinois Commission Fund; creation. The | ||||||
19 | Serve Illinois Commission Fund is created as a special fund in | ||||||
20 | the State treasury. All federal grant moneys awarded in | ||||||
21 | support of the activities authorized under this Act to the | ||||||
22 | Department of Human Services or the Commission may be | ||||||
23 | deposited into the Serve Illinois Commission Fund. In addition |
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1 | to federal grant moneys, the Department and the Commission may | ||||||
2 | accept and deposit into the Serve Illinois Commission Fund any | ||||||
3 | other funds, grants, gifts, and bequests from any source, | ||||||
4 | public or private, in support of the activities authorized | ||||||
5 | under this Act. Appropriations from the Serve Illinois | ||||||
6 | Commission Fund shall be used for operations, grants, and | ||||||
7 | other purposes as authorized by this Act. Upon written | ||||||
8 | notification by the Secretary of Human Services, the State | ||||||
9 | Comptroller shall direct and the State Treasurer shall | ||||||
10 | transfer any remaining balance in the Federal National | ||||||
11 | Community Services Grant Fund to the Serve Illinois Commission | ||||||
12 | Fund. | ||||||
13 | (Source: P.A. 102-699, eff. 4-19-22.)
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14 | Section 5-30. The Mental Health and Developmental | ||||||
15 | Disabilities Administrative Act is amended by changing | ||||||
16 | Sections 18.4 and 18.5 as follows:
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17 | (20 ILCS 1705/18.4) | ||||||
18 | Sec. 18.4. Community Mental Health Medicaid Trust Fund; | ||||||
19 | reimbursement. | ||||||
20 | (a) The Community Mental Health Medicaid Trust Fund is | ||||||
21 | hereby created in the State Treasury. | ||||||
22 | (b) Amounts paid to the State during each State fiscal | ||||||
23 | year by the federal government under Title XIX or Title XXI of | ||||||
24 | the Social Security Act for services delivered by community |
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1 | mental health providers, and any interest earned thereon, | ||||||
2 | shall be deposited 100% into the Community Mental Health | ||||||
3 | Medicaid Trust Fund. Not more than $4,500,000 of the Community | ||||||
4 | Mental Health Medicaid Trust Fund may be used by the | ||||||
5 | Department of Human Services' Division of Mental Health for | ||||||
6 | oversight and administration of community mental health | ||||||
7 | services, and of that amount no more than $1,000,000 may be | ||||||
8 | used for the support of community mental health service | ||||||
9 | initiatives. The remainder shall be used for the purchase of | ||||||
10 | community mental health services. | ||||||
11 | (b-5) Whenever a State mental health facility operated by | ||||||
12 | the Department is closed and the real estate on which the | ||||||
13 | facility is located is sold by the State, the net proceeds of | ||||||
14 | the sale of the real estate shall be deposited into the | ||||||
15 | Community Mental Health Medicaid Trust Fund and used for the | ||||||
16 | purposes enumerated in subsections (c) and (c-1) of Section | ||||||
17 | 4.6 of the Community Services Act ; however, under subsection | ||||||
18 | (e) of Section 4.6 of the Community Services Act, the | ||||||
19 | Department may set aside a portion of the net proceeds of the | ||||||
20 | sale of the real estate for deposit into the Human Services | ||||||
21 | Priority Capital Program Fund. The portion set aside shall be | ||||||
22 | used for the purposes enumerated in Section 6z-71 of the State | ||||||
23 | Finance Act . | ||||||
24 | (c) The Department shall reimburse community mental health | ||||||
25 | providers for services provided to eligible individuals. | ||||||
26 | Moneys in the Trust Fund may be used for that purpose. |
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1 | (c-5) The Community Mental Health Medicaid Trust Fund is | ||||||
2 | not subject to administrative charge-backs. | ||||||
3 | (c-10) The Department of Human Services shall annually | ||||||
4 | report to the Governor and the General Assembly, by September | ||||||
5 | 1, on both the total revenue deposited into the Trust Fund and | ||||||
6 | the total expenditures made from the Trust Fund for the | ||||||
7 | previous fiscal year. This report shall include detailed | ||||||
8 | descriptions of both revenues and expenditures regarding the | ||||||
9 | Trust Fund from the previous fiscal year. This report shall be | ||||||
10 | presented by the Secretary of Human Services to the | ||||||
11 | appropriate Appropriations Committee in the House of | ||||||
12 | Representatives, as determined by the Speaker of the House, | ||||||
13 | and in the Senate, as determined by the President of the | ||||||
14 | Senate. This report shall be made available to the public and | ||||||
15 | shall be published on the Department of Human Services' | ||||||
16 | website in an appropriate location, a minimum of one week | ||||||
17 | prior to presentation of the report to the General Assembly. | ||||||
18 | (d) As used in this Section: | ||||||
19 | "Trust Fund" means the Community Mental Health Medicaid | ||||||
20 | Trust Fund. | ||||||
21 | "Community mental health provider" means a community | ||||||
22 | agency that is funded by the Department to provide a service. | ||||||
23 | "Service" means a mental health service provided pursuant | ||||||
24 | to the provisions of administrative rules adopted by the | ||||||
25 | Department and funded by or claimed through the Department of | ||||||
26 | Human Services' Division of Mental Health. |
| |||||||
| |||||||
1 | (Source: P.A. 97-333, eff. 8-12-11; 98-815, eff. 8-1-14.)
| ||||||
2 | (20 ILCS 1705/18.5) | ||||||
3 | Sec. 18.5. Community Developmental Disability Services | ||||||
4 | Medicaid Trust Fund; reimbursement. | ||||||
5 | (a) The Community Developmental Disability Services | ||||||
6 | Medicaid Trust Fund is hereby created in the State treasury. | ||||||
7 | (b) Beginning in State fiscal year 2019, funds in any | ||||||
8 | fiscal year in amounts not exceeding a total of $60,000,000 | ||||||
9 | paid to the State by the federal government under Title XIX or | ||||||
10 | Title XXI of the Social Security Act for services delivered by | ||||||
11 | community developmental disability services providers shall be | ||||||
12 | deposited into the Community Developmental Disability Services | ||||||
13 | Medicaid Trust Fund to pay for Medicaid-reimbursed community | ||||||
14 | developmental disability services provided to eligible | ||||||
15 | individuals. | ||||||
16 | (b-5) (Blank). | ||||||
17 | (b-7) The Community Developmental Disability Services | ||||||
18 | Medicaid Trust Fund is not subject to administrative | ||||||
19 | charge-backs. | ||||||
20 | (b-9) (Blank). | ||||||
21 | (b-10) Whenever a State developmental disabilities | ||||||
22 | facility operated by the Department is closed and the real | ||||||
23 | estate on which the facility is located is sold by the State, | ||||||
24 | the net proceeds of the sale of the real estate shall be | ||||||
25 | deposited into the Community Developmental Disability Services |
| |||||||
| |||||||
1 | Medicaid Trust Fund and used for the purposes enumerated in | ||||||
2 | subsections (c) and (d) of Section 4.6 of the Community | ||||||
3 | Services Act ; however, under subsection (e) of Section 4.6 of | ||||||
4 | the Community Services Act, the Department may set aside a | ||||||
5 | portion of the net proceeds of the sale of the real estate for | ||||||
6 | deposit into the Human Services Priority Capital Program Fund. | ||||||
7 | The portion set aside shall be used for the purposes | ||||||
8 | enumerated in Section 6z-71 of the State Finance Act . | ||||||
9 | (c) For purposes of this Section: | ||||||
10 | "Trust Fund" means the Community Developmental Disability | ||||||
11 | Services Medicaid Trust Fund. | ||||||
12 | "Medicaid-reimbursed developmental disability services" | ||||||
13 | means services provided by a community developmental | ||||||
14 | disability provider under an agreement with the Department | ||||||
15 | that is eligible for reimbursement under the federal Title XIX | ||||||
16 | program or Title XXI program. | ||||||
17 | "Provider" means a qualified entity as defined in the | ||||||
18 | State's Home and Community-Based Services Waiver for Persons | ||||||
19 | with Developmental Disabilities that is funded by the | ||||||
20 | Department to provide a Medicaid-reimbursed service. | ||||||
21 | (Source: P.A. 100-587, eff. 6-4-18.)
| ||||||
22 | Section 5-35. The State Fire Marshal Act is amended by | ||||||
23 | changing Section 2.7 as follows:
| ||||||
24 | (20 ILCS 2905/2.7) |
| |||||||
| |||||||
1 | Sec. 2.7. Small Fire-fighting and Ambulance Service | ||||||
2 | Equipment Grant Program. | ||||||
3 | (a) The Office shall establish and administer a Small | ||||||
4 | Fire-fighting and Ambulance Service Equipment Grant Program to | ||||||
5 | award grants to fire departments, fire protection districts, | ||||||
6 | and volunteer, non-profit, stand alone ambulance services for | ||||||
7 | the purchase of small fire-fighting and ambulance equipment. | ||||||
8 | (b) (Blank). | ||||||
9 | (b-1) (Blank). The Fire Service and Small Equipment Fund | ||||||
10 | is dissolved. Any moneys remaining in the Fund on the | ||||||
11 | effective date of this amendatory Act of the 97th General | ||||||
12 | Assembly shall be transferred to the Fire Prevention Fund. | ||||||
13 | (c) As used in this Section, "small fire-fighting and | ||||||
14 | ambulance equipment" includes, without limitation, turnout | ||||||
15 | gear, air packs, thermal imaging cameras, jaws of life, | ||||||
16 | defibrillators, communications equipment, including but not | ||||||
17 | limited to pagers and radios, and other fire-fighting or life | ||||||
18 | saving equipment, as determined by the State Fire Marshal. | ||||||
19 | (d) The Office shall adopt any rules necessary for the | ||||||
20 | implementation and administration of this Section. | ||||||
21 | (Source: P.A. 96-386, eff. 8-13-09; 97-901, eff. 1-1-13.)
| ||||||
22 | Section 5-40. The Historic Preservation Act is amended by | ||||||
23 | changing Section 16 as follows:
| ||||||
24 | (20 ILCS 3405/16) (from Ch. 127, par. 2716) |
| |||||||
| |||||||
1 | Sec. 16. The Department shall have the following | ||||||
2 | additional powers: | ||||||
3 | (a) To hire agents and employees necessary to carry | ||||||
4 | out the duties and purposes of this Act. | ||||||
5 | (b) To take all measures necessary to erect, maintain, | ||||||
6 | preserve, restore, and conserve all State Historic Sites | ||||||
7 | and State Memorials, except when supervision and | ||||||
8 | maintenance is otherwise provided by law. This | ||||||
9 | authorization includes the power to enter into contracts, | ||||||
10 | acquire and dispose of real and personal property, and | ||||||
11 | enter into leases of real and personal property. The | ||||||
12 | Department has the power to acquire, for purposes | ||||||
13 | authorized by law, any real property in fee simple subject | ||||||
14 | to a life estate in the seller in not more than 3 acres of | ||||||
15 | the real property acquired, subject to the restrictions | ||||||
16 | that the life estate shall be used for residential | ||||||
17 | purposes only and that it shall be non-transferable. | ||||||
18 | (c) To provide recreational facilities, including | ||||||
19 | campsites, lodges and cabins, trails, picnic areas, and | ||||||
20 | related recreational facilities, at all sites under the | ||||||
21 | jurisdiction of the Department. | ||||||
22 | (d) To lay out, construct, and maintain all needful | ||||||
23 | roads, parking areas, paths or trails, bridges, camp or | ||||||
24 | lodge sites, picnic areas, lodges and cabins, and any | ||||||
25 | other structures and improvements necessary and | ||||||
26 | appropriate in any State historic site or easement |
| |||||||
| |||||||
1 | thereto; and to provide water supplies, heat and light, | ||||||
2 | and sanitary facilities for the public and living quarters | ||||||
3 | for the custodians and keepers of State historic sites. | ||||||
4 | (e) To grant licenses and rights-of-way within the | ||||||
5 | areas controlled by the Department for the construction, | ||||||
6 | operation, and maintenance upon, under or across the | ||||||
7 | property, of facilities for water, sewage, telephone, | ||||||
8 | telegraph, electric, gas, or other public service, subject | ||||||
9 | to the terms and conditions as may be determined by the | ||||||
10 | Department. | ||||||
11 | (f) To authorize the officers, employees, and agents | ||||||
12 | of the Department, for the purposes of investigation and | ||||||
13 | to exercise the rights, powers, and duties vested and that | ||||||
14 | may be vested in it, to enter and cross all lands and | ||||||
15 | waters in this State, doing no damage to private property. | ||||||
16 | (g) To transfer jurisdiction of or exchange any realty | ||||||
17 | under the control of the Department to any other | ||||||
18 | Department of the State Government, or to any agency of | ||||||
19 | the Federal Government, or to acquire or accept Federal | ||||||
20 | lands, when any transfer, exchange, acquisition, or | ||||||
21 | acceptance is advantageous to the State and is approved in | ||||||
22 | writing by the Governor. | ||||||
23 | (h) To erect, supervise, and maintain all public | ||||||
24 | monuments and memorials erected by the State, except when | ||||||
25 | the supervision and maintenance of public monuments and | ||||||
26 | memorials is otherwise provided by law. |
| |||||||
| |||||||
1 | (i) To accept, hold, maintain, and administer, as | ||||||
2 | trustee, property given in trust for educational or | ||||||
3 | historic purposes for the benefit of the People of the | ||||||
4 | State of Illinois and to dispose of any property under the | ||||||
5 | terms of the instrument creating the trust. | ||||||
6 | (j) To lease concessions on any property under the | ||||||
7 | jurisdiction of the Department for a period not exceeding | ||||||
8 | 25 years and to lease a concession complex at Lincoln's | ||||||
9 | New Salem State Historic Site for which a cash incentive | ||||||
10 | has been authorized under Section 5.1 of this Act for a | ||||||
11 | period not to exceed 40 years. All leases, for whatever | ||||||
12 | period, shall be made subject to the written approval of | ||||||
13 | the Governor. All concession leases extending for a period | ||||||
14 | in excess of 10 years, will contain provisions for the | ||||||
15 | Department to participate, on a percentage basis, in the | ||||||
16 | revenues generated by any concession operation. | ||||||
17 | The Department is authorized to allow for provisions | ||||||
18 | for a reserve account and a leasehold account within | ||||||
19 | Department concession lease agreements for the purpose of | ||||||
20 | setting aside revenues for the maintenance, | ||||||
21 | rehabilitation, repair, improvement, and replacement of | ||||||
22 | the concession facility, structure, and equipment of the | ||||||
23 | Department that are part of the leased premises. | ||||||
24 | The lessee shall be required to pay into the reserve | ||||||
25 | account a percentage of gross receipts, as set forth in | ||||||
26 | the lease, to be set aside and expended in a manner |
| |||||||
| |||||||
1 | acceptable to the Department by the concession lessee for | ||||||
2 | the purpose of ensuring that an appropriate amount of the | ||||||
3 | lessee's moneys are provided by the lessee to satisfy the | ||||||
4 | lessee's incurred responsibilities for the operation of | ||||||
5 | the concession facility under the terms and conditions of | ||||||
6 | the concession lease. | ||||||
7 | The lessee account shall allow for the amortization of | ||||||
8 | certain authorized expenses that are incurred by the | ||||||
9 | concession lessee but that are not an obligation of the | ||||||
10 | lessee under the terms and conditions of the lease | ||||||
11 | agreement. The Department may allow a reduction of up to | ||||||
12 | 50% of the monthly rent due for the purpose of enabling the | ||||||
13 | recoupment of the lessee's authorized expenditures during | ||||||
14 | the term of the lease. | ||||||
15 | (k) To sell surplus agricultural products grown on | ||||||
16 | land owned by or under the jurisdiction of the Department, | ||||||
17 | when the products cannot be used by the Department. | ||||||
18 | (l) To enforce the laws of the State and the rules and | ||||||
19 | regulations of the Department in or on any lands owned, | ||||||
20 | leased, or managed by the Department. | ||||||
21 | (m) To cooperate with private organizations and | ||||||
22 | agencies of the State of Illinois by providing areas and | ||||||
23 | the use of staff personnel where feasible for the sale of | ||||||
24 | publications on the historic and cultural heritage of the | ||||||
25 | State and craft items made by Illinois craftsmen. These | ||||||
26 | sales shall not conflict with existing concession |
| |||||||
| |||||||
1 | agreements. The Department is authorized to negotiate with | ||||||
2 | the organizations and agencies for a portion of the monies | ||||||
3 | received from sales to be returned to the Illinois | ||||||
4 | Department's Historic Sites Fund for the furtherance of | ||||||
5 | interpretive and restoration programs. | ||||||
6 | (n) To establish local bank or savings and loan | ||||||
7 | association accounts, upon the written authorization of | ||||||
8 | the Director, to temporarily hold income received at any | ||||||
9 | of its properties. The local accounts established under | ||||||
10 | this Section shall be in the name of the Department and | ||||||
11 | shall be subject to regular audits. The balance in a local | ||||||
12 | bank or savings and loan association account shall be | ||||||
13 | forwarded to the Department for deposit with the State | ||||||
14 | Treasurer on Monday of each week if the amount to be | ||||||
15 | deposited in a fund exceeds $500. | ||||||
16 | No bank or savings and loan association shall receive | ||||||
17 | public funds as permitted by this Section, unless it has | ||||||
18 | complied with the requirements established under Section 6 | ||||||
19 | of the Public Funds Investment Act. | ||||||
20 | (o) To accept offers of gifts, gratuities, or grants | ||||||
21 | from the federal government, its agencies, or offices, or | ||||||
22 | from any person, firm, or corporation. | ||||||
23 | (p) To make reasonable rules and regulations as may be | ||||||
24 | necessary to discharge the duties of the Department. | ||||||
25 | (q) With appropriate cultural organizations, to | ||||||
26 | further and advance the goals of the Department. |
| |||||||
| |||||||
1 | (r) To make grants for the purposes of planning, | ||||||
2 | survey, rehabilitation, restoration, reconstruction, | ||||||
3 | landscaping, and acquisition of Illinois properties (i) | ||||||
4 | designated individually in the National Register of | ||||||
5 | Historic Places, (ii) designated as a landmark under a | ||||||
6 | county or municipal landmark ordinance, or (iii) located | ||||||
7 | within a National Register of Historic Places historic | ||||||
8 | district or a locally designated historic district when | ||||||
9 | the Director determines that the property is of historic | ||||||
10 | significance whenever an appropriation is made therefor by | ||||||
11 | the General Assembly or whenever gifts or grants are | ||||||
12 | received for that purpose and to promulgate regulations as | ||||||
13 | may be necessary or desirable to carry out the purposes of | ||||||
14 | the grants. | ||||||
15 | Grantees may, as prescribed by rule, be required to | ||||||
16 | provide matching funds for each grant. Grants made under | ||||||
17 | this subsection shall be known as Illinois Heritage | ||||||
18 | Grants. | ||||||
19 | Every owner of a historic property, or the owner's | ||||||
20 | agent, is eligible to apply for a grant under this | ||||||
21 | subsection. | ||||||
22 | (s) To establish and implement a pilot program for | ||||||
23 | charging admission to State historic sites. Fees may be | ||||||
24 | charged for special events, admissions, and parking or any | ||||||
25 | combination; fees may be charged at all sites or selected | ||||||
26 | sites. All fees shall be deposited into the Illinois |
| |||||||
| |||||||
1 | Historic Sites Fund. The Department shall have the | ||||||
2 | discretion to set and adjust reasonable fees at the | ||||||
3 | various sites, taking into consideration various factors, | ||||||
4 | including, but not limited to: cost of services furnished | ||||||
5 | to each visitor, impact of fees on attendance and tourism, | ||||||
6 | and the costs expended collecting the fees. The Department | ||||||
7 | shall keep careful records of the income and expenses | ||||||
8 | resulting from the imposition of fees, shall keep records | ||||||
9 | as to the attendance at each historic site, and shall | ||||||
10 | report to the Governor and General Assembly by January 31 | ||||||
11 | after the close of each year. The report shall include | ||||||
12 | information on costs, expenses, attendance, comments by | ||||||
13 | visitors, and any other information the Department may | ||||||
14 | believe pertinent, including: | ||||||
15 | (1) Recommendations as to whether fees should be | ||||||
16 | continued at each State historic site. | ||||||
17 | (2) How the fees should be structured and imposed. | ||||||
18 | (3) Estimates of revenues and expenses associated | ||||||
19 | with each site. | ||||||
20 | (t) To provide for overnight tent and trailer | ||||||
21 | campsites and to provide suitable housing facilities for | ||||||
22 | student and juvenile overnight camping groups. The | ||||||
23 | Department shall charge rates similar to those charged by | ||||||
24 | the Department for the same or similar facilities and | ||||||
25 | services. | ||||||
26 | (u) To engage in marketing activities designed to |
| |||||||
| |||||||
1 | promote the sites and programs administered by the | ||||||
2 | Department. In undertaking these activities, the | ||||||
3 | Department may take all necessary steps with respect to | ||||||
4 | products and services, including, but not limited to, | ||||||
5 | retail sales, wholesale sales, direct marketing, mail | ||||||
6 | order sales, telephone sales, advertising and promotion, | ||||||
7 | purchase of product and materials inventory, design, | ||||||
8 | printing and manufacturing of new products, reproductions, | ||||||
9 | and adaptations, copyright and trademark licensing and | ||||||
10 | royalty agreements, and payment of applicable taxes. In | ||||||
11 | addition, the Department shall have the authority to sell | ||||||
12 | advertising in its publications and printed materials. All | ||||||
13 | income from marketing activities shall be deposited into | ||||||
14 | the Illinois Historic Sites Fund. | ||||||
15 | (Source: P.A. 102-1005, eff. 5-27-22.)
| ||||||
16 | Section 5-45. The Archaeological and Paleontological | ||||||
17 | Resources Protection Act is amended by changing Section 5 as | ||||||
18 | follows:
| ||||||
19 | (20 ILCS 3435/5) (from Ch. 127, par. 133c5) | ||||||
20 | Sec. 5. Penalties. Any violation of Section 3 not | ||||||
21 | involving the disturbance of human remains is a Class A | ||||||
22 | misdemeanor and the violator shall also be subject to a fine | ||||||
23 | not in excess of $5,000; any subsequent violation is a Class 4 | ||||||
24 | felony. Any violation of Section 3 involving disturbance of |
| |||||||
| |||||||
1 | human remains is a Class 4 felony. Each disturbance of an | ||||||
2 | archaeological site or a paleontological site shall constitute | ||||||
3 | a single offense. Persons convicted of a violation of Section | ||||||
4 | 3 shall also be ordered to pay restitution. Such restitution | ||||||
5 | is to be assessed by the circuit court. Restitution may | ||||||
6 | include, but is not limited to: | ||||||
7 | (a) (blank); | ||||||
8 | (b) any and all costs incurred in cleaning, restoring, | ||||||
9 | analyzing, accessioning and curating the recovered | ||||||
10 | materials; | ||||||
11 | (c) any and all costs associated with restoring the | ||||||
12 | land to its original contour; | ||||||
13 | (d) any and all costs associated with recovery of data | ||||||
14 | and analyzing, publishing, accessioning and curating | ||||||
15 | materials when the prohibited activity is so extensive as | ||||||
16 | to preclude the restoration of the archaeological or | ||||||
17 | paleontological site; | ||||||
18 | (e) any and all costs associated with the | ||||||
19 | determination and collection of restitution. | ||||||
20 | When restitution is ordered in a case that is prosecuted | ||||||
21 | by the Attorney General, all restitution shall be deposited | ||||||
22 | into the Illinois Historic Sites Fund; when restitution is | ||||||
23 | ordered in a case that is prosecuted by the State's Attorney, | ||||||
24 | the proceeds shall be deposited into the county fund | ||||||
25 | designated by the county board. | ||||||
26 | (Source: P.A. 103-446, eff. 8-4-23.)
|
| |||||||
| |||||||
1 | Section 5-50. The State Finance Act is amended by changing | ||||||
2 | Sections 5, 6z-82, and 8.8a as follows:
| ||||||
3 | (30 ILCS 105/5) (from Ch. 127, par. 141) | ||||||
4 | Sec. 5. Special funds. | ||||||
5 | (a) There are special funds in the State Treasury | ||||||
6 | designated as specified in the Sections which succeed this | ||||||
7 | Section 5 and precede Section 5d 6 . | ||||||
8 | (b) Except as provided in the Illinois Vehicle Hijacking | ||||||
9 | and Motor Vehicle Theft Prevention and Insurance Verification | ||||||
10 | Act, when any special fund in the State Treasury is | ||||||
11 | discontinued by an Act of the General Assembly, any balance | ||||||
12 | remaining therein on the effective date of such Act shall be | ||||||
13 | transferred to the General Revenue Fund, or to such other fund | ||||||
14 | as such Act shall provide. Warrants outstanding against such | ||||||
15 | discontinued fund at the time of the transfer of any such | ||||||
16 | balance therein shall be paid out of the fund to which the | ||||||
17 | transfer was made. | ||||||
18 | (c) When any special fund in the State Treasury has been | ||||||
19 | inactive for 18 months or longer, the Comptroller may | ||||||
20 | terminate the fund, and the balance remaining in such fund | ||||||
21 | shall be transferred by the Comptroller to the General Revenue | ||||||
22 | Fund. When a special fund has been terminated by the | ||||||
23 | Comptroller as provided in this Section, the General Assembly | ||||||
24 | shall repeal or amend all Sections of the statutes creating or |
| |||||||
| |||||||
1 | otherwise referring to that fund. | ||||||
2 | The Comptroller shall be allowed the discretion to | ||||||
3 | maintain or dissolve any federal trust fund which has been | ||||||
4 | inactive for 18 months or longer. | ||||||
5 | (d) (Blank). | ||||||
6 | (e) (Blank). | ||||||
7 | (Source: P.A. 102-904, eff. 1-1-23; 103-266, eff. 1-1-24 .)
| ||||||
8 | (30 ILCS 105/6z-82) | ||||||
9 | Sec. 6z-82. State Police Operations Assistance Fund. | ||||||
10 | (a) There is created in the State treasury a special fund | ||||||
11 | known as the State Police Operations Assistance Fund. The Fund | ||||||
12 | shall receive revenue under the Criminal and Traffic | ||||||
13 | Assessment Act. The Fund may also receive revenue from grants, | ||||||
14 | donations, appropriations, and any other legal source. | ||||||
15 | (a-5) (Blank). This Fund may charge, collect, and receive | ||||||
16 | fees or moneys as described in Section 15-312 of the Illinois | ||||||
17 | Vehicle Code , and receive all fees received by the Illinois | ||||||
18 | State Police under that Section. The moneys shall be used by | ||||||
19 | the Illinois State Police for its expenses in providing police | ||||||
20 | escorts and commercial vehicle enforcement activities. | ||||||
21 | (b) The Illinois State Police may use moneys in the Fund to | ||||||
22 | finance any of its lawful purposes or functions. | ||||||
23 | (c) Expenditures may be made from the Fund only as | ||||||
24 | appropriated by the General Assembly by law. | ||||||
25 | (d) Investment income that is attributable to the |
| |||||||
| |||||||
1 | investment of moneys in the Fund shall be retained in the Fund | ||||||
2 | for the uses specified in this Section. | ||||||
3 | (e) The State Police Operations Assistance Fund shall not | ||||||
4 | be subject to administrative chargebacks. | ||||||
5 | (f) (Blank). | ||||||
6 | (g) (Blank). | ||||||
7 | (h) (Blank). Notwithstanding any other provision of law, | ||||||
8 | in addition to any other transfers that may be provided by law, | ||||||
9 | on the effective date of this amendatory Act of the 103rd | ||||||
10 | General Assembly, or as soon thereafter as practical, the | ||||||
11 | State Comptroller shall direct and the State Treasurer shall | ||||||
12 | transfer the remaining balance from the State Police | ||||||
13 | Streetgang-Related Crime Fund to the State Police Operations | ||||||
14 | Assistance Fund. Upon completion of the transfers, the State | ||||||
15 | Police Streetgang-Related Crime Fund is dissolved, and any | ||||||
16 | future deposits into the State Police Streetgang-Related Crime | ||||||
17 | Fund and any outstanding obligations or liabilities of the | ||||||
18 | State Police Streetgang-Related Crime Fund pass to the State | ||||||
19 | Police Operations Assistance Fund. | ||||||
20 | (Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21; | ||||||
21 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-34, eff. | ||||||
22 | 6-9-23; 103-363, eff. 7-28-23; revised 9-7-23.)
| ||||||
23 | (30 ILCS 105/8.8a) (from Ch. 127, par. 144.8a) | ||||||
24 | Sec. 8.8a. Appropriations for the sale or transfer of | ||||||
25 | surplus or transferable property by the Department of Central |
| |||||||
| |||||||
1 | Management Services, and for all other expenses incident to | ||||||
2 | the handling, transportation, maintenance and storage of such | ||||||
3 | surplus property, including personal services and contractual | ||||||
4 | services connected therewith and for expenses incident to the | ||||||
5 | establishment and operation of wastepaper recycling programs | ||||||
6 | by the Department, are payable from the State Surplus Property | ||||||
7 | Revolving Fund through the end of State fiscal year 2020, and | ||||||
8 | shall be payable from the General Revenue Fund beginning in | ||||||
9 | State fiscal year 2021 . | ||||||
10 | (Source: P.A. 101-636, eff. 6-10-20.)
| ||||||
11 | (30 ILCS 105/5.544 rep.) | ||||||
12 | (30 ILCS 105/5.668 rep.) | ||||||
13 | (30 ILCS 105/5.709 rep.) | ||||||
14 | (30 ILCS 105/5.795 rep.) | ||||||
15 | (30 ILCS 105/6p-3 rep.) | ||||||
16 | Section 5-55. The State Finance Act is amended by | ||||||
17 | repealing Sections 5.544, 5.668, 5.709, 5.795, and 6p-3.
| ||||||
18 | (30 ILCS 145/Act rep.) | ||||||
19 | Section 5-60. The Heritage Preservation Act is repealed.
| ||||||
20 | (30 ILCS 175/Act rep.) | ||||||
21 | Section 5-65. The United States Olympians Assistance Act | ||||||
22 | is repealed.
|
| |||||||
| |||||||
1 | (30 ILCS 190/Act rep.) | ||||||
2 | Section 5-70. The Cash Management and Medicaid | ||||||
3 | Maximization Act of 2011 is repealed.
| ||||||
4 | Section 5-75. The Federal Commodity Disbursement Act is | ||||||
5 | amended by changing Section 2 as follows:
| ||||||
6 | (30 ILCS 255/2) (from Ch. 127, par. 176c) | ||||||
7 | Sec. 2. Any officer, department or agency of this State | ||||||
8 | who or which shall be designated by the Governor as the State | ||||||
9 | Agency for Surplus Property Utilization is authorized to | ||||||
10 | promulgate regulations for the carrying out of its | ||||||
11 | distribution of surplus funds and commodities. All fees and | ||||||
12 | moneys collected or received by the employees or agents of the | ||||||
13 | State officer or agency who or which is designated as the | ||||||
14 | receiving agency shall be deposited into the General Revenue | ||||||
15 | Fund paid or turned over to and held by the State Treasurer as | ||||||
16 | ex officio custodian thereof separate and apart from all | ||||||
17 | public funds or moneys of this State and shall be known as the | ||||||
18 | Federal account of the State Surplus Property Revolving Fund, | ||||||
19 | to be administered by the designated State officer or agency. | ||||||
20 | All disbursements from this fund shall be made only upon | ||||||
21 | warrants of the State Comptroller drawn upon the Treasurer as | ||||||
22 | custodian of this fund upon vouchers signed by the designated | ||||||
23 | State officer or agency, and the Comptroller is hereby | ||||||
24 | authorized to draw such warrants upon vouchers so signed. The |
| |||||||
| |||||||
1 | Treasurer shall accept all warrants so signed and shall be | ||||||
2 | released from liability for all payments made thereon . | ||||||
3 | (Source: P.A. 83-9.)
| ||||||
4 | (30 ILCS 750/Art. 2 rep.) | ||||||
5 | Section 5-80. The Build Illinois Act is amended by | ||||||
6 | repealing Article 2.
| ||||||
7 | Section 5-85. The School Code is amended by changing | ||||||
8 | Section 27-12.1 as follows:
| ||||||
9 | (105 ILCS 5/27-12.1) (from Ch. 122, par. 27-12.1) | ||||||
10 | Sec. 27-12.1. Consumer education. | ||||||
11 | (a) Pupils in the public schools in grades 9 through 12 | ||||||
12 | shall be taught and be required to study courses which include | ||||||
13 | instruction in the area of consumer education, including but | ||||||
14 | not necessarily limited to (i) understanding the basic | ||||||
15 | concepts of financial literacy, including consumer debt and | ||||||
16 | installment purchasing (including credit scoring, managing | ||||||
17 | credit debt, and completing a loan application), budgeting, | ||||||
18 | savings and investing, banking (including balancing a | ||||||
19 | checkbook, opening a deposit account, and the use of interest | ||||||
20 | rates), understanding simple contracts, State and federal | ||||||
21 | income taxes, personal insurance policies, the comparison of | ||||||
22 | prices, higher education student loans, identity-theft | ||||||
23 | security, and homeownership (including the basic process of |
| |||||||
| |||||||
1 | obtaining a mortgage and the concepts of fixed and adjustable | ||||||
2 | rate mortgages, subprime loans, and predatory lending), and | ||||||
3 | (ii) understanding the roles of consumers interacting with | ||||||
4 | agriculture, business, labor unions and government in | ||||||
5 | formulating and achieving the goals of the mixed free | ||||||
6 | enterprise system. The State Board of Education shall devise | ||||||
7 | or approve the consumer education curriculum for grades 9 | ||||||
8 | through 12 and specify the minimum amount of instruction to be | ||||||
9 | devoted thereto. | ||||||
10 | (b) (Blank). | ||||||
11 | (c) (Blank). The Financial Literacy Fund is created as a | ||||||
12 | special fund in the State treasury. State funds and private | ||||||
13 | contributions for the promotion of financial literacy shall be | ||||||
14 | deposited into the Financial Literacy Fund. All money in the | ||||||
15 | Financial Literacy Fund shall be used, subject to | ||||||
16 | appropriation, by the State Board of Education to award grants | ||||||
17 | to school districts for the following: | ||||||
18 | (1) Defraying the costs of financial literacy training | ||||||
19 | for teachers . | ||||||
20 | (2) Rewarding a school or teacher who wins or achieves | ||||||
21 | results at a certain level of success in a financial | ||||||
22 | literacy competition . | ||||||
23 | (3) Rewarding a student who wins or achieves results | ||||||
24 | at a certain level of success in a financial literacy | ||||||
25 | competition. | ||||||
26 | (4) Funding activities, including books, games, field |
| |||||||
| |||||||
1 | trips, computers, and other activities, related to | ||||||
2 | financial literacy education. | ||||||
3 | In awarding grants, every effort must be made to ensure | ||||||
4 | that all geographic areas of the State are represented. | ||||||
5 | (d) A school board may establish a special fund in which to | ||||||
6 | receive public funds and private contributions for the | ||||||
7 | promotion of financial literacy. Money in the fund shall be | ||||||
8 | used for the following: | ||||||
9 | (1) Defraying the costs of financial literacy training | ||||||
10 | for teachers. | ||||||
11 | (2) Rewarding a school or teacher who wins or achieves | ||||||
12 | results at a certain level of success in a financial | ||||||
13 | literacy competition. | ||||||
14 | (3) Rewarding a student who wins or achieves results | ||||||
15 | at a certain level of success in a financial literacy | ||||||
16 | competition. | ||||||
17 | (4) Funding activities, including books, games, field | ||||||
18 | trips, computers, and other activities, related to | ||||||
19 | financial literacy education. | ||||||
20 | (e) The State Board of Education, upon the next | ||||||
21 | comprehensive review of the Illinois Learning Standards, is | ||||||
22 | urged to include the basic principles of personal insurance | ||||||
23 | policies and understanding simple contracts. | ||||||
24 | (Source: P.A. 99-284, eff. 8-5-15.)
| ||||||
25 | Section 5-90. The Community Association Manager Licensing |
| |||||||
| |||||||
1 | and Disciplinary Act is amended by changing Section 65 as | ||||||
2 | follows:
| ||||||
3 | (225 ILCS 427/65) | ||||||
4 | (Section scheduled to be repealed on January 1, 2027) | ||||||
5 | Sec. 65. Fees; Division of Real Estate General Fund. | ||||||
6 | (a) The fees for the administration and enforcement of | ||||||
7 | this Act, including, but not limited to, initial licensure, | ||||||
8 | renewal, and restoration, shall be set by rule of the | ||||||
9 | Department. The fees shall be nonrefundable. | ||||||
10 | (b) In addition to the application fee, applicants for the | ||||||
11 | examination are required to pay, either to the Department or | ||||||
12 | the designated testing service, a fee covering the cost of | ||||||
13 | determining an applicant's eligibility and providing the | ||||||
14 | examination. Failure to appear for the examination on the | ||||||
15 | scheduled date, at the time and place specified, after the | ||||||
16 | applicant's application and fee for examination have been | ||||||
17 | received and acknowledged by the Department or the designated | ||||||
18 | testing service, shall result in the forfeiture of the fee. | ||||||
19 | (c) All Prior to July 1, 2023, all fees, fines, penalties, | ||||||
20 | or other monies received or collected pursuant to this Act | ||||||
21 | shall be deposited in the Community Association Manager | ||||||
22 | Licensing and Disciplinary Fund. Beginning on July 1, 2023, | ||||||
23 | all fees, fines, penalties, or other monies received or | ||||||
24 | collected pursuant to this Act shall be deposited in the | ||||||
25 | Division of Real Estate General Fund. |
| |||||||
| |||||||
1 | (d) Moneys in the Community Association Manager Licensing | ||||||
2 | and Disciplinary Fund and the Division of Real Estate General | ||||||
3 | Fund may be transferred to the Professions Indirect Cost Fund, | ||||||
4 | as authorized under Section 2105-300 of the Department of | ||||||
5 | Professional Regulation Law of the Civil Administrative Code | ||||||
6 | of Illinois. | ||||||
7 | (e) (Blank). Notwithstanding any other provision of law, | ||||||
8 | in addition to any other transfers that may be provided by law, | ||||||
9 | on July 1, 2023, or as soon thereafter as practical, the State | ||||||
10 | Comptroller shall direct and the State Treasurer shall | ||||||
11 | transfer the remaining balance from the Community Association | ||||||
12 | Manager Licensing and Disciplinary Fund into the Division of | ||||||
13 | Real Estate General Fund. Upon completion of the transfer, the | ||||||
14 | Community Association Manager Licensing and Disciplinary Fund | ||||||
15 | is dissolved, and any future deposits due to that Fund and any | ||||||
16 | outstanding obligations or liabilities of that Fund pass to | ||||||
17 | the Division of Real Estate General Fund. | ||||||
18 | (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
| ||||||
19 | Section 5-95. The Home Inspector License Act is amended by | ||||||
20 | changing Sections 15-5 and 25-5 as follows:
| ||||||
21 | (225 ILCS 441/15-5) | ||||||
22 | (Section scheduled to be repealed on January 1, 2027) | ||||||
23 | Sec. 15-5. Unlicensed practice; civil penalty. | ||||||
24 | (a) Any person who practices, offers to practice, attempts |
| |||||||
| |||||||
1 | to practice, or holds oneself out to practice home inspection | ||||||
2 | or as a home inspector without being licensed under this Act | ||||||
3 | shall, in addition to any other penalty provided by law, pay a | ||||||
4 | civil penalty to the Department in an amount not to exceed | ||||||
5 | $25,000 for each violation of this Act as determined by the | ||||||
6 | Department. The civil penalty shall be assessed by the | ||||||
7 | Department after a hearing is held in accordance with the | ||||||
8 | provisions of this Act. | ||||||
9 | (b) The Department has the authority and power to | ||||||
10 | investigate any unlicensed activity. | ||||||
11 | (c) A civil penalty shall be paid within 60 days after the | ||||||
12 | effective date of the order imposing the civil penalty. The | ||||||
13 | Department may petition the circuit court for a judgment to | ||||||
14 | enforce the collection of the penalty. Any Prior to July 1, | ||||||
15 | 2023, any civil penalties collected under this Act shall be | ||||||
16 | made payable to the Department and deposited into the Home | ||||||
17 | Inspector Administration Fund. Beginning on July 1, 2023, any | ||||||
18 | civil penalties collected under this Act shall be made payable | ||||||
19 | to the Department and deposited into the Division of Real | ||||||
20 | Estate General Fund. | ||||||
21 | (Source: P.A. 102-970, eff. 5-27-22.)
| ||||||
22 | (225 ILCS 441/25-5) | ||||||
23 | (Section scheduled to be repealed on January 1, 2027) | ||||||
24 | Sec. 25-5. Division of Real Estate General Fund; | ||||||
25 | surcharge. |
| |||||||
| |||||||
1 | (a) (Blank). The Home Inspector Administration Fund is | ||||||
2 | created as a special fund in the State Treasury. Prior to July | ||||||
3 | 1, 2023, all fees, fines, and penalties received by the | ||||||
4 | Department under this Act shall be deposited into the Home | ||||||
5 | Inspector Administration Fund. All earnings attributable to | ||||||
6 | investment of funds in the Home Inspector Administration Fund | ||||||
7 | shall be credited to the Home Inspector Administration Fund. | ||||||
8 | Subject to appropriation, the moneys in the Home Inspector | ||||||
9 | Administration Fund shall be appropriated to the Department | ||||||
10 | for the expenses incurred by the Department in the | ||||||
11 | administration of this Act. | ||||||
12 | (a-5) The Division of Real Estate General Fund is created | ||||||
13 | as a special fund in the State Treasury. All Beginning on July | ||||||
14 | 1, 2023, all fees, fines, and penalties received by the | ||||||
15 | Department under this Act shall be deposited into the Division | ||||||
16 | of Real Estate General Fund. All earnings attributable to | ||||||
17 | investment of funds in the Division of Real Estate General | ||||||
18 | Fund shall be credited to the Division of Real Estate General | ||||||
19 | Fund. Subject to appropriation, the moneys in the Division of | ||||||
20 | Real Estate General Fund shall be appropriated to the | ||||||
21 | Department for the expenses incurred by the Department in the | ||||||
22 | administration of this Act. | ||||||
23 | (b) (Blank). | ||||||
24 | (c) (Blank). | ||||||
25 | (c-5) Moneys in the Home Inspection Administration Fund | ||||||
26 | and the Division of Real Estate General Fund may be |
| |||||||
| |||||||
1 | transferred to the Professions Indirect Cost Fund, as | ||||||
2 | authorized under Section 2105-300 of the Department of | ||||||
3 | Professional Regulation Law of the Civil Administrative Code | ||||||
4 | of Illinois. | ||||||
5 | (d) Upon the completion of any audit of the Department, as | ||||||
6 | prescribed by the Illinois State Auditing Act, that includes | ||||||
7 | an audit of the Home Inspector Administration Fund or the | ||||||
8 | Division of Real Estate General Fund, the Department shall | ||||||
9 | make the audit report open to inspection by any interested | ||||||
10 | person. | ||||||
11 | (e) (Blank). Notwithstanding any other provision of law, | ||||||
12 | in addition to any other transfers that may be provided by law, | ||||||
13 | on July 1, 2023, or as soon thereafter as practical, the State | ||||||
14 | Comptroller shall direct and the State Treasurer shall | ||||||
15 | transfer the remaining balance from the Home Inspector | ||||||
16 | Administration Fund into the Division of Real Estate General | ||||||
17 | Fund. Upon completion of the transfer, the Home Inspector | ||||||
18 | Administration Fund is dissolved, and any future deposits due | ||||||
19 | to that Fund and any outstanding obligations or liabilities of | ||||||
20 | that Fund pass to the Division of Real Estate General Fund. | ||||||
21 | (Source: P.A. 102-970, eff. 5-27-22.)
| ||||||
22 | Section 5-100. The Illinois Affordable Housing Act is | ||||||
23 | amended by changing Sections 3 and 7 as follows:
| ||||||
24 | (310 ILCS 65/3) (from Ch. 67 1/2, par. 1253) |
| |||||||
| |||||||
1 | Sec. 3. Definitions. As used in this Act: | ||||||
2 | (a) "Program" means the Illinois Affordable Housing | ||||||
3 | Program. | ||||||
4 | (b) "Trust Fund" means the Illinois Affordable Housing | ||||||
5 | Trust Fund. | ||||||
6 | (b-5) (Blank). "Capital Fund" means the Illinois | ||||||
7 | Affordable Housing Capital Fund. | ||||||
8 | (c) "Low-income household" means a single person, family | ||||||
9 | or unrelated persons living together whose adjusted income is | ||||||
10 | more than 50%, but less than 80%, of the median income of the | ||||||
11 | area of residence, adjusted for family size, as such adjusted | ||||||
12 | income and median income for the area are determined from time | ||||||
13 | to time by the United States Department of Housing and Urban | ||||||
14 | Development for purposes of Section 8 of the United States | ||||||
15 | Housing Act of 1937. | ||||||
16 | (d) "Very low-income household" means a single person, | ||||||
17 | family or unrelated persons living together whose adjusted | ||||||
18 | income is not more than 50% of the median income of the area of | ||||||
19 | residence, adjusted for family size, as such adjusted income | ||||||
20 | and median income for the area are determined from time to time | ||||||
21 | by the United States Department of Housing and Urban | ||||||
22 | Development for purposes of Section 8 of the United States | ||||||
23 | Housing Act of 1937. | ||||||
24 | (e) "Affordable housing" means residential housing that, | ||||||
25 | so long as the same is occupied by low-income households or | ||||||
26 | very low-income households, requires payment of monthly |
| |||||||
| |||||||
1 | housing costs, including utilities other than telephone, of no | ||||||
2 | more than 30% of the maximum allowable income as stated for | ||||||
3 | such households as defined in this Section. | ||||||
4 | (f) "Multi-family housing" means a building or buildings | ||||||
5 | providing housing to 5 or more households. | ||||||
6 | (g) "Single-family housing" means a building containing | ||||||
7 | one to 4 dwelling units, including a mobile home as defined in | ||||||
8 | subsection (b) of Section 3 of the Mobile Home Landlord and | ||||||
9 | Tenant Rights Act, as amended. | ||||||
10 | (h) "Community-based organization" means a not-for-profit | ||||||
11 | entity whose governing body includes a majority of members who | ||||||
12 | reside in the community served by the organization. | ||||||
13 | (i) "Advocacy organization" means a not-for-profit | ||||||
14 | organization which conducts, in part or in whole, activities | ||||||
15 | to influence public policy on behalf of low-income or very | ||||||
16 | low-income households. | ||||||
17 | (j) "Program Administrator" means the Illinois Housing | ||||||
18 | Development Authority. | ||||||
19 | (k) "Funding Agent" means the Illinois Department of Human | ||||||
20 | Services. | ||||||
21 | (l) "Commission" means the Affordable Housing Advisory | ||||||
22 | Commission. | ||||||
23 | (m) "Congregate housing" means a building or structure in | ||||||
24 | which 2 or more households, inclusive, share common living | ||||||
25 | areas and may share child care, cleaning, cooking and other | ||||||
26 | household responsibilities. |
| |||||||
| |||||||
1 | (n) "Eligible applicant" means a proprietorship, | ||||||
2 | partnership, for-profit corporation, not-for-profit | ||||||
3 | corporation or unit of local government which seeks to use | ||||||
4 | fund assets as provided in this Article. | ||||||
5 | (o) "Moderate income household" means a single person, | ||||||
6 | family or unrelated persons living together whose adjusted | ||||||
7 | income is more than 80% but less than 120% of the median income | ||||||
8 | of the area of residence, adjusted for family size, as such | ||||||
9 | adjusted income and median income for the area are determined | ||||||
10 | from time to time by the United States Department of Housing | ||||||
11 | and Urban Development for purposes of Section 8 of the United | ||||||
12 | States Housing Act of 1937. | ||||||
13 | (p) "Affordable Housing Program Trust Fund Bonds or Notes" | ||||||
14 | means the bonds or notes issued by the Program Administrator | ||||||
15 | under the Illinois Housing Development Act to further the | ||||||
16 | purposes of this Act. | ||||||
17 | (q) "Trust Fund Moneys" means all moneys, deposits, | ||||||
18 | revenues, income, interest, dividends, receipts, taxes, | ||||||
19 | proceeds and other amounts or funds deposited or to be | ||||||
20 | deposited into the Trust Fund pursuant to subsection (b) of | ||||||
21 | Section 5 (b) of this Act and any proceeds, investments or | ||||||
22 | increase thereof. | ||||||
23 | (r) "Program Escrow" means accounts, except those accounts | ||||||
24 | relating to any Affordable Housing Program Trust Fund Bonds or | ||||||
25 | Notes, designated by the Program Administrator, into which | ||||||
26 | Trust Fund Moneys are deposited. |
| |||||||
| |||||||
1 | (s) "Common household pet" means a domesticated animal, | ||||||
2 | such as a dog (canis lupus familiaris) or cat (felis catus), | ||||||
3 | which is commonly kept in the home for pleasure rather than for | ||||||
4 | commercial purposes. | ||||||
5 | (Source: P.A. 102-283, eff. 1-1-22; 103-8, eff. 7-1-23.)
| ||||||
6 | (310 ILCS 65/7) (from Ch. 67 1/2, par. 1257) | ||||||
7 | Sec. 7. Powers of the Program Administrator. The Program | ||||||
8 | Administrator, in addition to the powers set forth in the | ||||||
9 | Illinois Housing Development Act and the powers identified in | ||||||
10 | Sections 8 and 9 of this Act, has the power to: | ||||||
11 | (a) identify, select and make financing available to | ||||||
12 | eligible applicants from monies in the Trust Fund or the | ||||||
13 | Capital Fund or from monies secured by the Trust Fund or | ||||||
14 | the Capital Fund for affordable housing for low and very | ||||||
15 | low-income families; | ||||||
16 | (b) purchase first and second mortgages, to make | ||||||
17 | secured, unsecured or deferred repayment loans, to make no | ||||||
18 | interest or low interest loans or to issue grants, | ||||||
19 | payments or subsidies for the predevelopment expenses, | ||||||
20 | acquisition, construction, rehabilitation development, | ||||||
21 | operation, insurance, or retention of projects in support | ||||||
22 | of affordable single family and multi-family housing for | ||||||
23 | low and very low-income households; | ||||||
24 | (c) expend monies for mortgage participation | ||||||
25 | certificates representing an undivided interest in |
| |||||||
| |||||||
1 | specified, first-lien conventional residential Illinois | ||||||
2 | mortgages which are underwritten, insured, guaranteed or | ||||||
3 | purchased by the Federal Home Loan Mortgage Corporation; | ||||||
4 | (d) fix, determine, charge and collect any fees, costs | ||||||
5 | and expenses, including without limitation, any | ||||||
6 | application fees, commitment or servicing fees, program | ||||||
7 | fees, financing charges, or publication fees in connection | ||||||
8 | with activities under this Act; | ||||||
9 | (e) establish applications, notification procedures, | ||||||
10 | and other forms, and to prepare and issue rules deemed | ||||||
11 | necessary and appropriate to implement this Act with | ||||||
12 | consultation from the Commission; and to issue emergency | ||||||
13 | rules, as necessary, for program implementation needed | ||||||
14 | prior to publication of the first annual plan required by | ||||||
15 | Section 12 of this Act; | ||||||
16 | (f) make and enter into and enforce all loans, loan | ||||||
17 | commitments, contracts and agreements necessary, | ||||||
18 | convenient or desirable to the performance of its duties | ||||||
19 | and the execution of its powers under this Act; | ||||||
20 | (g) consent, subject to the provisions of any contract | ||||||
21 | or agreement with another person, whenever it deems it is | ||||||
22 | necessary or desirable in the fulfillment of the purposes | ||||||
23 | of this Act, to the modification or restructuring of any | ||||||
24 | loan commitment, loan, contract or agreement to which the | ||||||
25 | Program Administrator is a party; | ||||||
26 | (h) acquire by purchase, gift, or foreclosure, but not |
| |||||||
| |||||||
1 | by condemnation, any real or personal property, or any | ||||||
2 | interest therein, to procure insurance against loss, to | ||||||
3 | enter into any lease of property and to hold, sell, | ||||||
4 | assign, lease, mortgage or otherwise dispose of any real | ||||||
5 | or personal property, or any interest therein, or | ||||||
6 | relinquish any right, title, claim, lien, interest, | ||||||
7 | easement or demand however acquired, and to do any of the | ||||||
8 | foregoing by public or private sale; | ||||||
9 | (i) subject to the provisions of any contract or | ||||||
10 | agreement with another party to collect, enforce the | ||||||
11 | collection of, and foreclose on any property or collateral | ||||||
12 | securing its loan or loans, mortgage or mortgages, and | ||||||
13 | acquire or take possession of such property or collateral | ||||||
14 | and release or relinquish any right, title, claim, lien, | ||||||
15 | interest, easement, or demand in property foreclosed by it | ||||||
16 | or to sell the same at public or private sale, with or | ||||||
17 | without bidding, and otherwise deal with such collateral | ||||||
18 | as may be necessary to protect the interest of the Program | ||||||
19 | Administrator; | ||||||
20 | (j) sell any eligible loan made by the Program | ||||||
21 | Administrator or mortgage interest owned by it, at public | ||||||
22 | or private sale, with or without bidding, either singly or | ||||||
23 | in groups, or in shares of loans or shares of groups of | ||||||
24 | loans, and to deposit and invest the funds derived from | ||||||
25 | such sales in any manner authorized by this Act; | ||||||
26 | (k) provide, contract or arrange, or participate with |
| |||||||
| |||||||
1 | or enter into agreements with any department, agency or | ||||||
2 | authority of the United States or of this State, or any | ||||||
3 | local unit of government, or any banking institution, | ||||||
4 | insurance company, trust or fiduciary or any foundation or | ||||||
5 | not-for-profit agency for the review, application, | ||||||
6 | servicing, processing or administration of any proposed | ||||||
7 | loan, grant, application, servicing, processing or | ||||||
8 | administration of any proposed loan, grant, agreement, or | ||||||
9 | contract of the Department when such arrangement is in | ||||||
10 | furtherance of this Act; | ||||||
11 | (l) receive and accept any gifts, grants, donations or | ||||||
12 | contributions from any source, of money, property, labor | ||||||
13 | or other things of value, to be held, used and applied to | ||||||
14 | carry out the purposes of this Act subject to including, | ||||||
15 | but not limited to, gifts or grants from any Department or | ||||||
16 | agency of the United States or the State or from any local | ||||||
17 | unit of government, not-for-profit organization or private | ||||||
18 | firm or individual for any purpose consistent with this | ||||||
19 | Act; and | ||||||
20 | (m) exercise such other powers as are necessary or | ||||||
21 | incidental to the administration of this Act or | ||||||
22 | performance of duties under this Act. | ||||||
23 | (Source: P.A. 95-710, eff. 6-1-08 .)
| ||||||
24 | (310 ILCS 65/5.5 rep.) | ||||||
25 | (310 ILCS 65/8.5 rep.) |
| |||||||
| |||||||
1 | Section 5-105. The Illinois Affordable Housing Act is | ||||||
2 | amended by repealing Sections 5.5 and 8.5.
| ||||||
3 | (410 ILCS 315/2b rep.) | ||||||
4 | Section 5-110. The Communicable Disease Prevention Act is | ||||||
5 | amended by repealing Section 2b.
| ||||||
6 | Section 5-115. The Environmental Protection Act is amended | ||||||
7 | by changing Section 58.15 as follows:
| ||||||
8 | (415 ILCS 5/58.15) | ||||||
9 | Sec. 58.15. Brownfields Programs. | ||||||
10 | (A) Brownfields Redevelopment Loan Program. | ||||||
11 | (a) The Agency shall establish and administer a revolving | ||||||
12 | loan program to be known as the "Brownfields Redevelopment | ||||||
13 | Loan Program" for the purpose of providing loans to be used for | ||||||
14 | site investigation, site remediation, or both, at brownfields | ||||||
15 | sites. All principal, interest, and penalty payments from | ||||||
16 | loans made under this subsection (A) shall be deposited into | ||||||
17 | the Brownfields Redevelopment Fund and reused in accordance | ||||||
18 | with this Section. | ||||||
19 | (b) General requirements for loans: | ||||||
20 | (1) Loans shall be at or below market interest rates | ||||||
21 | in accordance with a formula set forth in regulations | ||||||
22 | promulgated under subdivision (A)(c) of this subsection | ||||||
23 | (A). |
| |||||||
| |||||||
1 | (2) Loans shall be awarded subject to availability of | ||||||
2 | funding based on the order of receipt of applications | ||||||
3 | satisfying all requirements as set forth in the | ||||||
4 | regulations promulgated under subdivision (A)(c) of this | ||||||
5 | subsection (A). | ||||||
6 | (3) The maximum loan amount under this subsection (A) | ||||||
7 | for any one project is $1,000,000. | ||||||
8 | (4) In addition to any requirements or conditions | ||||||
9 | placed on loans by regulation, loan agreements under the | ||||||
10 | Brownfields Redevelopment Loan Program shall include the | ||||||
11 | following requirements: | ||||||
12 | (A) the loan recipient shall secure the loan | ||||||
13 | repayment obligation; | ||||||
14 | (B) completion of the loan repayment shall not | ||||||
15 | exceed 15 years or as otherwise prescribed by Agency | ||||||
16 | rule; and | ||||||
17 | (C) loan agreements shall provide for a confession | ||||||
18 | of judgment by the loan recipient upon default. | ||||||
19 | (5) Loans shall not be used to cover expenses incurred | ||||||
20 | prior to the approval of the loan application. | ||||||
21 | (6) If the loan recipient fails to make timely | ||||||
22 | payments or otherwise fails to meet its obligations as | ||||||
23 | provided in this subsection (A) or implementing | ||||||
24 | regulations, the Agency is authorized to pursue the | ||||||
25 | collection of the amounts past due, the outstanding loan | ||||||
26 | balance, and the costs thereby incurred, either pursuant |
| |||||||
| |||||||
1 | to the Illinois State Collection Act of 1986 or by any | ||||||
2 | other means provided by law, including the taking of | ||||||
3 | title, by foreclosure or otherwise, to any project or | ||||||
4 | other property pledged, mortgaged, encumbered, or | ||||||
5 | otherwise available as security or collateral. | ||||||
6 | (c) The Agency shall have the authority to enter into any | ||||||
7 | contracts or agreements that may be necessary to carry out its | ||||||
8 | duties or responsibilities under this subsection (A). The | ||||||
9 | Agency shall have the authority to promulgate regulations | ||||||
10 | setting forth procedures and criteria for administering the | ||||||
11 | Brownfields Redevelopment Loan Program. The regulations | ||||||
12 | promulgated by the Agency for loans under this subsection (A) | ||||||
13 | shall include, but need not be limited to, the following | ||||||
14 | elements: | ||||||
15 | (1) loan application requirements; | ||||||
16 | (2) determination of credit worthiness of the loan | ||||||
17 | applicant; | ||||||
18 | (3) types of security required for the loan; | ||||||
19 | (4) types of collateral, as necessary, that can be | ||||||
20 | pledged for the loan; | ||||||
21 | (5) special loan terms, as necessary, for securing the | ||||||
22 | repayment of the loan; | ||||||
23 | (6) maximum loan amounts; | ||||||
24 | (7) purposes for which loans are available; | ||||||
25 | (8) application periods and content of applications; | ||||||
26 | (9) procedures for Agency review of loan applications, |
| |||||||
| |||||||
1 | loan approvals or denials, and loan acceptance by the loan | ||||||
2 | recipient; | ||||||
3 | (10) procedures for establishing interest rates; | ||||||
4 | (11) requirements applicable to disbursement of loans | ||||||
5 | to loan recipients; | ||||||
6 | (12) requirements for securing loan repayment | ||||||
7 | obligations; | ||||||
8 | (13) conditions or circumstances constituting default; | ||||||
9 | (14) procedures for repayment of loans and delinquent | ||||||
10 | loans including, but not limited to, the initiation of | ||||||
11 | principal and interest payments following loan acceptance; | ||||||
12 | (15) loan recipient responsibilities for work | ||||||
13 | schedules, work plans, reports, and record keeping; | ||||||
14 | (16) evaluation of loan recipient performance, | ||||||
15 | including auditing and access to sites and records; | ||||||
16 | (17) requirements applicable to contracting and | ||||||
17 | subcontracting by the loan recipient, including | ||||||
18 | procurement requirements; | ||||||
19 | (18) penalties for noncompliance with loan | ||||||
20 | requirements and conditions, including stop-work orders, | ||||||
21 | termination, and recovery of loan funds; and | ||||||
22 | (19) indemnification of the State of Illinois and the | ||||||
23 | Agency by the loan recipient. | ||||||
24 | (d) Moneys in the Brownfields Redevelopment Fund may be | ||||||
25 | used as a source of revenue or security for the principal and | ||||||
26 | interest on revenue or general obligation bonds issued by the |
| |||||||
| |||||||
1 | State or any political subdivision or instrumentality thereof, | ||||||
2 | if the proceeds of those bonds will be deposited into the Fund.
| ||||||
3 | (B) Brownfields Site Restoration Program. | ||||||
4 | (a)(1) The Agency must establish and administer a | ||||||
5 | program for the payment of remediation costs to be known as the | ||||||
6 | Brownfields Site Restoration Program. The Agency, through the | ||||||
7 | Program, shall provide Remediation Applicants with financial | ||||||
8 | assistance for the investigation and remediation of abandoned | ||||||
9 | or underutilized properties. The investigation and remediation | ||||||
10 | shall be performed in accordance with this Title XVII of this | ||||||
11 | Act. | ||||||
12 | (2) For each State fiscal year in which funds are made | ||||||
13 | available to the Agency for payment under this subsection (B), | ||||||
14 | the Agency must, subject to the availability of funds, | ||||||
15 | allocate 20% of the funds to be available to Remediation | ||||||
16 | Applicants within counties with populations over 2,000,000. | ||||||
17 | The remaining funds must be made available to all other | ||||||
18 | Remediation Applicants in the State. | ||||||
19 | (3) The Agency must not approve payment in excess of | ||||||
20 | $750,000 to a Remediation Applicant for remediation costs | ||||||
21 | incurred at a remediation site. Eligibility must be determined | ||||||
22 | based on a minimum capital investment in the redevelopment of | ||||||
23 | the site, and payment amounts must not exceed the net economic | ||||||
24 | benefit to the State of the remediation project. In addition | ||||||
25 | to these limitations, the total payment to be made to an |
| |||||||
| |||||||
1 | applicant must not exceed an amount equal to 20% of the capital | ||||||
2 | investment at the site. | ||||||
3 | (4) Only those remediation projects for which a No | ||||||
4 | Further Remediation Letter is issued by the Agency after | ||||||
5 | December 31, 2001 are eligible to participate in the | ||||||
6 | Brownfields Site Restoration Program. The program does not | ||||||
7 | apply to any sites that have received a No Further Remediation | ||||||
8 | Letter prior to December 31, 2001 or for costs incurred prior | ||||||
9 | to the Agency approving a site eligible for the Brownfields | ||||||
10 | Site Restoration Program. | ||||||
11 | (5) Brownfields Site Restoration Program funds shall | ||||||
12 | be subject to availability of funding and distributed based on | ||||||
13 | the order of receipt of applications satisfying all | ||||||
14 | requirements as set forth in this Section. | ||||||
15 | (b) Prior to applying to the Agency for payment, a | ||||||
16 | Remediation Applicant shall first submit to the Agency its | ||||||
17 | proposed remediation costs. The Agency shall make a | ||||||
18 | pre-application assessment, which is not to be binding upon | ||||||
19 | future review of the project, relating only to whether the | ||||||
20 | Agency has adequate funding to reimburse the applicant for the | ||||||
21 | remediation costs if the applicant is found to be eligible for | ||||||
22 | reimbursement of remediation costs. If the Agency determines | ||||||
23 | that it is likely to have adequate funding to reimburse the | ||||||
24 | applicant for remediation costs, the Remediation Applicant may | ||||||
25 | then submit to the Agency an application for review of | ||||||
26 | eligibility. The Agency must review the eligibility |
| |||||||
| |||||||
1 | application to determine whether the Remediation Applicant is | ||||||
2 | eligible for the payment. The application must be on forms | ||||||
3 | prescribed and provided by the Agency. At a minimum, the | ||||||
4 | application must include the following: | ||||||
5 | (1) Information identifying the Remediation Applicant | ||||||
6 | and the site for which the payment is being sought and the | ||||||
7 | date of acceptance into the Site Remediation Program. | ||||||
8 | (2) Information demonstrating that the site for which | ||||||
9 | the payment is being sought is abandoned or underutilized | ||||||
10 | property. "Abandoned property" means real property | ||||||
11 | previously used for, or that has the potential to be used | ||||||
12 | for, commercial or industrial purposes that reverted to | ||||||
13 | the ownership of the State, a county or municipal | ||||||
14 | government, or an agency thereof, through donation, | ||||||
15 | purchase, tax delinquency, foreclosure, default, or | ||||||
16 | settlement, including conveyance by deed in lieu of | ||||||
17 | foreclosure; or privately owned property that has been | ||||||
18 | vacant for a period of not less than 3 years from the time | ||||||
19 | an application is made to the Agency. "Underutilized | ||||||
20 | property" means real property of which less than 35% of | ||||||
21 | the commercially usable space of the property and | ||||||
22 | improvements thereon are used for their most commercially | ||||||
23 | profitable and economically productive uses. | ||||||
24 | (3) Information demonstrating that remediation of the | ||||||
25 | site for which the payment is being sought will result in a | ||||||
26 | net economic benefit to the State of Illinois. The "net |
| |||||||
| |||||||
1 | economic benefit" must be determined based on factors | ||||||
2 | including, but not limited to, the capital investment, the | ||||||
3 | number of jobs created, the number of jobs retained if it | ||||||
4 | is demonstrated the jobs would otherwise be lost, capital | ||||||
5 | improvements, the number of construction-related jobs, | ||||||
6 | increased sales, material purchases, other increases in | ||||||
7 | service and operational expenditures, and other factors | ||||||
8 | established by the Agency. Priority must be given to sites | ||||||
9 | located in areas with high levels of poverty, where the | ||||||
10 | unemployment rate exceeds the State average, where an | ||||||
11 | enterprise zone exists, or where the area is otherwise | ||||||
12 | economically depressed as determined by the Agency. | ||||||
13 | (4) An application fee in the amount set forth in | ||||||
14 | subdivision (B)(c) for each site for which review of an | ||||||
15 | application is being sought. | ||||||
16 | (c) The fee for eligibility reviews conducted by the | ||||||
17 | Agency under this subsection (B) is $1,000 for each site | ||||||
18 | reviewed. The application fee must be made payable to the | ||||||
19 | Agency for deposit into the Brownfields Redevelopment Fund. | ||||||
20 | These application fees shall be used by the Agency for | ||||||
21 | administrative expenses incurred under this subsection (B). | ||||||
22 | (d) Within 60 days after receipt by the Agency of an | ||||||
23 | application meeting the requirements of subdivision (B)(b), | ||||||
24 | the Agency must issue a letter to the applicant approving the | ||||||
25 | application, approving the application with modifications, or | ||||||
26 | disapproving the application. If the application is approved |
| |||||||
| |||||||
1 | or approved with modifications, the Agency's letter must also | ||||||
2 | include its determination of the "net economic benefit" of the | ||||||
3 | remediation project and the maximum amount of the payment to | ||||||
4 | be made available to the applicant for remediation costs. The | ||||||
5 | payment by the Agency under this subsection (B) must not | ||||||
6 | exceed the "net economic benefit" of the remediation project. | ||||||
7 | (e) An application for a review of remediation costs must | ||||||
8 | not be submitted to the Agency unless the Agency has | ||||||
9 | determined the Remediation Applicant is eligible under | ||||||
10 | subdivision (B)(d). If the Agency has determined that a | ||||||
11 | Remediation Applicant is eligible under subdivision (B)(d), | ||||||
12 | the Remediation Applicant may submit an application for | ||||||
13 | payment to the Agency under this subsection (B). Except as | ||||||
14 | provided in subdivision (B)(f), an application for review of | ||||||
15 | remediation costs must not be submitted until a No Further | ||||||
16 | Remediation Letter has been issued by the Agency and recorded | ||||||
17 | in the chain of title for the site in accordance with Section | ||||||
18 | 58.10. The Agency must review the application to determine | ||||||
19 | whether the costs submitted are remediation costs and whether | ||||||
20 | the costs incurred are reasonable. The application must be on | ||||||
21 | forms prescribed and provided by the Agency. At a minimum, the | ||||||
22 | application must include the following: | ||||||
23 | (1) Information identifying the Remediation Applicant | ||||||
24 | and the site for which the payment is being sought and the | ||||||
25 | date of acceptance of the site into the Site Remediation | ||||||
26 | Program. |
| |||||||
| |||||||
1 | (2) A copy of the No Further Remediation Letter with | ||||||
2 | official verification that the letter has been recorded in | ||||||
3 | the chain of title for the site and a demonstration that | ||||||
4 | the site for which the application is submitted is the | ||||||
5 | same site as the one for which the No Further Remediation | ||||||
6 | Letter is issued. | ||||||
7 | (3) A demonstration that the release of the regulated | ||||||
8 | substances of concern for which the No Further Remediation | ||||||
9 | Letter was issued was not caused or contributed to in any | ||||||
10 | material respect by the Remediation Applicant. The Agency | ||||||
11 | must make determinations as to reimbursement availability | ||||||
12 | consistent with rules adopted by the Pollution Control | ||||||
13 | Board for the administration and enforcement of Section | ||||||
14 | 58.9 of this Act. | ||||||
15 | (4) A copy of the Agency's letter approving | ||||||
16 | eligibility, including the net economic benefit of the | ||||||
17 | remediation project. | ||||||
18 | (5) An itemization and documentation, including | ||||||
19 | receipts, of the remediation costs incurred. | ||||||
20 | (6) A demonstration that the costs incurred are | ||||||
21 | remediation costs as defined in this Act and rules adopted | ||||||
22 | under this Act. | ||||||
23 | (7) A demonstration that the costs submitted for | ||||||
24 | review were incurred by the Remediation Applicant who | ||||||
25 | received the No Further Remediation Letter. | ||||||
26 | (8) An application fee in the amount set forth in |
| |||||||
| |||||||
1 | subdivision (B)(j) for each site for which review of | ||||||
2 | remediation costs is requested. | ||||||
3 | (9) Any other information deemed appropriate by the | ||||||
4 | Agency. | ||||||
5 | (f) An application for review of remediation costs may be | ||||||
6 | submitted to the Agency prior to the issuance of a No Further | ||||||
7 | Remediation Letter if the Remediation Applicant has a Remedial | ||||||
8 | Action Plan approved by the Agency under the terms of which the | ||||||
9 | Remediation Applicant will remediate groundwater for more than | ||||||
10 | one year. The Agency must review the application to determine | ||||||
11 | whether the costs submitted are remediation costs and whether | ||||||
12 | the costs incurred are reasonable. The application must be on | ||||||
13 | forms prescribed and provided by the Agency. At a minimum, the | ||||||
14 | application must include the following: | ||||||
15 | (1) Information identifying the Remediation Applicant | ||||||
16 | and the site for which the payment is being sought and the | ||||||
17 | date of acceptance of the site into the Site Remediation | ||||||
18 | Program. | ||||||
19 | (2) A copy of the Agency letter approving the Remedial | ||||||
20 | Action Plan. | ||||||
21 | (3) A demonstration that the release of the regulated | ||||||
22 | substances of concern for which the Remedial Action Plan | ||||||
23 | was approved was not caused or contributed to in any | ||||||
24 | material respect by the Remediation Applicant. The Agency | ||||||
25 | must make determinations as to reimbursement availability | ||||||
26 | consistent with rules adopted by the Pollution Control |
| |||||||
| |||||||
1 | Board for the administration and enforcement of Section | ||||||
2 | 58.9 of this Act. | ||||||
3 | (4) A copy of the Agency's letter approving | ||||||
4 | eligibility, including the net economic benefit of the | ||||||
5 | remediation project. | ||||||
6 | (5) An itemization and documentation, including | ||||||
7 | receipts, of the remediation costs incurred. | ||||||
8 | (6) A demonstration that the costs incurred are | ||||||
9 | remediation costs as defined in this Act and rules adopted | ||||||
10 | under this Act. | ||||||
11 | (7) A demonstration that the costs submitted for | ||||||
12 | review were incurred by the Remediation Applicant who | ||||||
13 | received approval of the Remediation Action Plan. | ||||||
14 | (8) An application fee in the amount set forth in | ||||||
15 | subdivision (B)(j) for each site for which review of | ||||||
16 | remediation costs is requested. | ||||||
17 | (9) Any other information deemed appropriate by the | ||||||
18 | Agency. | ||||||
19 | (g) For a Remediation Applicant seeking a payment under | ||||||
20 | subdivision (B)(f), until the Agency issues a No Further | ||||||
21 | Remediation Letter for the site, no more than 75% of the | ||||||
22 | allowed payment may be claimed by the Remediation Applicant. | ||||||
23 | The remaining 25% may be claimed following the issuance by the | ||||||
24 | Agency of a No Further Remediation Letter for the site. For a | ||||||
25 | Remediation Applicant seeking a payment under subdivision | ||||||
26 | (B)(e), until the Agency issues a No Further Remediation |
| |||||||
| |||||||
1 | Letter for the site, no payment may be claimed by the | ||||||
2 | Remediation Applicant. | ||||||
3 | (h)(1) Within 60 days after receipt by the Agency of | ||||||
4 | an application meeting the requirements of subdivision (B)(e) | ||||||
5 | or (B)(f), the Agency must issue a letter to the applicant | ||||||
6 | approving, disapproving, or modifying the remediation costs | ||||||
7 | submitted in the application. If an application is disapproved | ||||||
8 | or approved with modification of remediation costs, then the | ||||||
9 | Agency's letter must set forth the reasons for the disapproval | ||||||
10 | or modification. | ||||||
11 | (2) If a preliminary review of a budget plan has been | ||||||
12 | obtained under subdivision (B)(i), the Remediation Applicant | ||||||
13 | may submit, with the application and supporting documentation | ||||||
14 | under subdivision (B)(e) or (B)(f), a copy of the Agency's | ||||||
15 | final determination accompanied by a certification that the | ||||||
16 | actual remediation costs incurred for the development and | ||||||
17 | implementation of the Remedial Action Plan are equal to or | ||||||
18 | less than the costs approved in the Agency's final | ||||||
19 | determination on the budget plan. The certification must be | ||||||
20 | signed by the Remediation Applicant and notarized. Based on | ||||||
21 | that submission, the Agency is not required to conduct further | ||||||
22 | review of the costs incurred for development and | ||||||
23 | implementation of the Remedial Action Plan and may approve | ||||||
24 | costs as submitted. | ||||||
25 | (3) Within 35 days after receipt of an Agency letter | ||||||
26 | disapproving or modifying an application for approval of |
| |||||||
| |||||||
1 | remediation costs, the Remediation Applicant may appeal the | ||||||
2 | Agency's decision to the Board in the manner provided for the | ||||||
3 | review of permits in Section 40 of this Act. | ||||||
4 | (i)(1) A Remediation Applicant may obtain a | ||||||
5 | preliminary review of estimated remediation costs for the | ||||||
6 | development and implementation of the Remedial Action Plan by | ||||||
7 | submitting a budget plan along with the Remedial Action Plan. | ||||||
8 | The budget plan must be set forth on forms prescribed and | ||||||
9 | provided by the Agency and must include, but is not limited to, | ||||||
10 | line item estimates of the costs associated with each line | ||||||
11 | item (such as personnel, equipment, and materials) that the | ||||||
12 | Remediation Applicant anticipates will be incurred for the | ||||||
13 | development and implementation of the Remedial Action Plan. | ||||||
14 | The Agency must review the budget plan along with the Remedial | ||||||
15 | Action Plan to determine whether the estimated costs submitted | ||||||
16 | are remediation costs and whether the costs estimated for the | ||||||
17 | activities are reasonable. | ||||||
18 | (2) If the Remedial Action Plan is amended by the | ||||||
19 | Remediation Applicant or as a result of Agency action, the | ||||||
20 | corresponding budget plan must be revised accordingly and | ||||||
21 | resubmitted for Agency review. | ||||||
22 | (3) The budget plan must be accompanied by the | ||||||
23 | applicable fee as set forth in subdivision (B)(j). | ||||||
24 | (4) Submittal of a budget plan must be deemed an | ||||||
25 | automatic 60-day waiver of the Remedial Action Plan review | ||||||
26 | deadlines set forth in this subsection (B) and rules adopted |
| |||||||
| |||||||
1 | under this subsection (B). | ||||||
2 | (5) Within the applicable period of review, the Agency | ||||||
3 | must issue a letter to the Remediation Applicant approving, | ||||||
4 | disapproving, or modifying the estimated remediation costs | ||||||
5 | submitted in the budget plan. If a budget plan is disapproved | ||||||
6 | or approved with modification of estimated remediation costs, | ||||||
7 | the Agency's letter must set forth the reasons for the | ||||||
8 | disapproval or modification. | ||||||
9 | (6) Within 35 days after receipt of an Agency letter | ||||||
10 | disapproving or modifying a budget plan, the Remediation | ||||||
11 | Applicant may appeal the Agency's decision to the Board in the | ||||||
12 | manner provided for the review of permits in Section 40 of this | ||||||
13 | Act. | ||||||
14 | (j) The fees for reviews conducted by the Agency under | ||||||
15 | this subsection (B) are in addition to any other fees or | ||||||
16 | payments for Agency services rendered pursuant to the Site | ||||||
17 | Remediation Program and are as follows: | ||||||
18 | (1) The fee for an application for review of | ||||||
19 | remediation costs is $1,000 for each site reviewed. | ||||||
20 | (2) The fee for the review of the budget plan | ||||||
21 | submitted under subdivision (B)(i) is $500 for each site | ||||||
22 | reviewed. | ||||||
23 | The application fee and the fee for the review of the | ||||||
24 | budget plan must be made payable to the State of Illinois, for | ||||||
25 | deposit into the Brownfields Redevelopment Fund. | ||||||
26 | (k) Moneys in the Brownfields Redevelopment Fund may be |
| |||||||
| |||||||
1 | used for the purposes of this Section, including payment for | ||||||
2 | the costs of administering this subsection (B). Any moneys | ||||||
3 | remaining in the Brownfields Site Restoration Program Fund on | ||||||
4 | the effective date of this amendatory Act of the 92nd General | ||||||
5 | Assembly shall be transferred to the Brownfields Redevelopment | ||||||
6 | Fund. Total payments made to all Remediation Applicants by the | ||||||
7 | Agency for purposes of this subsection (B) must not exceed | ||||||
8 | $1,000,000 in State fiscal year 2002. | ||||||
9 | (l) The Agency is authorized to enter into any contracts | ||||||
10 | or agreements that may be necessary to carry out the Agency's | ||||||
11 | duties and responsibilities under this subsection (B). | ||||||
12 | (m) Within 6 months after July 23, 2002 ( the effective | ||||||
13 | date of Public Act 92-715) this amendatory Act of 2002 , the | ||||||
14 | Department of Commerce and Community Affairs (now Department | ||||||
15 | of Commerce and Economic Opportunity) and the Agency must | ||||||
16 | propose rules prescribing procedures and standards for the | ||||||
17 | administration of this subsection (B). Within 9 months after | ||||||
18 | receipt of the proposed rules, the Board shall adopt on second | ||||||
19 | notice, pursuant to Sections 27 and 28 of this Act and the | ||||||
20 | Illinois Administrative Procedure Act, rules that are | ||||||
21 | consistent with this subsection (B). Prior to the effective | ||||||
22 | date of rules adopted under this subsection (B), the | ||||||
23 | Department of Commerce and Community Affairs (now Department | ||||||
24 | of Commerce and Economic Opportunity) and the Agency may | ||||||
25 | conduct reviews of applications under this subsection (B) and | ||||||
26 | the Agency is further authorized to distribute guidance |
| |||||||
| |||||||
1 | documents on costs that are eligible or ineligible as | ||||||
2 | remediation costs. | ||||||
3 | (Source: P.A. 102-444, eff. 8-20-21.)
| ||||||
4 | Section 5-120. The Radiation Protection Act of 1990 is | ||||||
5 | amended by changing Section 35 as follows:
| ||||||
6 | (420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35) | ||||||
7 | (Section scheduled to be repealed on January 1, 2027) | ||||||
8 | Sec. 35. Radiation Protection Fund. | ||||||
9 | (a) All moneys received by the Agency under this Act shall | ||||||
10 | be deposited in the State treasury and shall be set apart in a | ||||||
11 | special fund to be known as the " Radiation Protection Fund " . | ||||||
12 | All monies within the Radiation Protection Fund shall be | ||||||
13 | invested by the State Treasurer in accordance with established | ||||||
14 | investment practices. Interest earned by such investment shall | ||||||
15 | be returned to the Radiation Protection Fund. Monies deposited | ||||||
16 | in this Fund shall be expended by the Agency pursuant to | ||||||
17 | appropriation to support the activities of the Agency under | ||||||
18 | this Act and as provided in the Laser System Act of 1997 and | ||||||
19 | the Radon Industry Licensing Act, or to fund any other | ||||||
20 | administrative or operational costs of the Agency. | ||||||
21 | (b) (Blank). On August 15, 1997, all moneys remaining in | ||||||
22 | the Federal Facilities Compliance Fund shall be transferred to | ||||||
23 | the Radiation Protection Fund. | ||||||
24 | (Source: P.A. 97-732, eff. 6-30-12 .)
|
| |||||||
| |||||||
1 | Section 5-125. The Fire Investigation Act is amended by | ||||||
2 | changing Section 13.1 as follows:
| ||||||
3 | (425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1) | ||||||
4 | Sec. 13.1. Fire Prevention Fund. | ||||||
5 | (a) There shall be a special fund in the State Treasury | ||||||
6 | known as the Fire Prevention Fund. | ||||||
7 | (b) The following moneys shall be deposited into the Fund: | ||||||
8 | (1) Moneys received by the Department of Insurance | ||||||
9 | under Section 12 of this Act. | ||||||
10 | (2) All fees and reimbursements received by the | ||||||
11 | Office. | ||||||
12 | (3) All receipts from boiler and pressure vessel | ||||||
13 | certification, as provided in Section 13 of the Boiler and | ||||||
14 | Pressure Vessel Safety Act. | ||||||
15 | (4) Such other moneys as may be provided by law. | ||||||
16 | (c) The moneys in the Fire Prevention Fund shall be used, | ||||||
17 | subject to appropriation, for the following purposes: | ||||||
18 | (1) Of the moneys deposited into the fund under | ||||||
19 | Section 12 of this Act, 12.5% shall be available for the | ||||||
20 | maintenance of the Illinois Fire Service Institute and the | ||||||
21 | expenses, facilities, and structures incident thereto, and | ||||||
22 | for making transfers into the General Obligation Bond | ||||||
23 | Retirement and Interest Fund for debt service requirements | ||||||
24 | on bonds issued by the State of Illinois after January 1, |
| |||||||
| |||||||
1 | 1986 for the purpose of constructing a training facility | ||||||
2 | for use by the Institute. An additional 2.5% of the moneys | ||||||
3 | deposited into the Fire Prevention Fund shall be available | ||||||
4 | to the Illinois Fire Service Institute for support of the | ||||||
5 | Cornerstone Training Program. | ||||||
6 | (2) Of the moneys deposited into the Fund under | ||||||
7 | Section 12 of this Act, 10% shall be available for the | ||||||
8 | maintenance of the Chicago Fire Department Training | ||||||
9 | Program and the expenses, facilities, and structures | ||||||
10 | incident thereto, in addition to any moneys payable from | ||||||
11 | the Fund to the City of Chicago pursuant to the Illinois | ||||||
12 | Fire Protection Training Act. | ||||||
13 | (3) For making payments to local governmental agencies | ||||||
14 | and individuals pursuant to Section 10 of the Illinois | ||||||
15 | Fire Protection Training Act. | ||||||
16 | (4) For the maintenance and operation of the Office of | ||||||
17 | the State Fire Marshal, and the expenses incident thereto. | ||||||
18 | (4.5) For the maintenance, operation, and capital | ||||||
19 | expenses of the Mutual Aid Box Alarm System (MABAS). | ||||||
20 | (4.6) For grants awarded under by the Small | ||||||
21 | Fire-fighting and Ambulance Service Equipment Grant | ||||||
22 | Program established by Section 2.7 of the State Fire | ||||||
23 | Marshal Act. | ||||||
24 | (4.7) For grants awarded under the Fire Station | ||||||
25 | Rehabilitation and Construction Grant Program established | ||||||
26 | by Section 2.8 of the State Fire Marshal Act. |
| |||||||
| |||||||
1 | (5) For any other purpose authorized by law. | ||||||
2 | (c-5) As soon as possible after April 8, 2008 (the | ||||||
3 | effective date of Public Act 95-717), the Comptroller shall | ||||||
4 | order the transfer and the Treasurer shall transfer $2,000,000 | ||||||
5 | from the Fire Prevention Fund to the Fire Service and Small | ||||||
6 | Equipment Fund, $9,000,000 from the Fire Prevention Fund to | ||||||
7 | the Fire Truck Revolving Loan Fund, and $4,000,000 from the | ||||||
8 | Fire Prevention Fund to the Ambulance Revolving Loan Fund. | ||||||
9 | Beginning on July 1, 2008, each month, or as soon as practical | ||||||
10 | thereafter, an amount equal to $2 from each fine received | ||||||
11 | shall be transferred from the Fire Prevention Fund to the Fire | ||||||
12 | Service and Small Equipment Fund, an amount equal to $1.50 | ||||||
13 | from each fine received shall be transferred from the Fire | ||||||
14 | Prevention Fund to the Fire Truck Revolving Loan Fund, and an | ||||||
15 | amount equal to $4 from each fine received shall be | ||||||
16 | transferred from the Fire Prevention Fund to the Ambulance | ||||||
17 | Revolving Loan Fund. These moneys shall be transferred from | ||||||
18 | the moneys deposited into the Fire Prevention Fund pursuant to | ||||||
19 | Public Act 95-154, together with not more than 25% of any | ||||||
20 | unspent appropriations from the prior fiscal year. These | ||||||
21 | moneys may be allocated to the Fire Truck Revolving Loan Fund | ||||||
22 | and , Ambulance Revolving Loan Fund , and Fire Service and Small | ||||||
23 | Equipment Fund at the discretion of the Office for the purpose | ||||||
24 | of implementation of this Act. | ||||||
25 | (d) Any portion of the Fire Prevention Fund remaining | ||||||
26 | unexpended at the end of any fiscal year which is not needed |
| |||||||
| |||||||
1 | for the maintenance and expenses of the Office or the | ||||||
2 | maintenance and expenses of the Illinois Fire Service | ||||||
3 | Institute shall remain in the Fire Prevention Fund for the | ||||||
4 | exclusive and restricted uses provided in subsections (c) and | ||||||
5 | (c-5) of this Section. | ||||||
6 | (e) The Office shall keep on file an itemized statement of | ||||||
7 | all expenses incurred which are payable from the Fund, other | ||||||
8 | than expenses incurred by the Illinois Fire Service Institute, | ||||||
9 | and shall approve all vouchers issued therefor before they are | ||||||
10 | submitted to the State Comptroller for payment. Such vouchers | ||||||
11 | shall be allowed and paid in the same manner as other claims | ||||||
12 | against the State. | ||||||
13 | (Source: P.A. 102-558, eff. 8-20-21; 103-8, eff. 6-7-23.)
| ||||||
14 | Section 5-130. The Illinois Vehicle Code is amended by | ||||||
15 | changing Section 3-626 as follows:
| ||||||
16 | (625 ILCS 5/3-626) | ||||||
17 | Sec. 3-626. Korean War Veteran license plates. | ||||||
18 | (a) In addition to any other special license plate, the | ||||||
19 | Secretary, upon receipt of all applicable fees and | ||||||
20 | applications made in the form prescribed by the Secretary of | ||||||
21 | State, may issue special registration plates designated as | ||||||
22 | Korean War Veteran license plates to residents of Illinois who | ||||||
23 | participated in the United States Armed Forces during the | ||||||
24 | Korean War. The special plate issued under this Section shall |
| |||||||
| |||||||
1 | be affixed only to passenger vehicles of the first division, | ||||||
2 | motorcycles, motor vehicles of the second division weighing | ||||||
3 | not more than 8,000 pounds, and recreational vehicles as | ||||||
4 | defined by Section 1-169 of this Code. Plates issued under | ||||||
5 | this Section shall expire according to the staggered | ||||||
6 | multi-year procedure established by Section 3-414.1 of this | ||||||
7 | Code. | ||||||
8 | (b) The design, color, and format of the plates shall be | ||||||
9 | wholly within the discretion of the Secretary of State. The | ||||||
10 | Secretary may, in his or her discretion, allow the plates to be | ||||||
11 | issued as vanity plates or personalized in accordance with | ||||||
12 | Section 3-405.1 of this Code. The plates are not required to | ||||||
13 | designate "Land Of Lincoln", as prescribed in subsection (b) | ||||||
14 | of Section 3-412 of this Code. The Secretary shall prescribe | ||||||
15 | the eligibility requirements and, in his or her discretion, | ||||||
16 | shall approve and prescribe stickers or decals as provided | ||||||
17 | under Section 3-412. | ||||||
18 | (c) (Blank). | ||||||
19 | (d) (Blank). The Korean War Memorial Construction Fund is | ||||||
20 | created as a special fund in the State treasury. All moneys in | ||||||
21 | the Korean War Memorial Construction Fund shall, subject to | ||||||
22 | appropriation, be used by the Department of Veterans' Affairs | ||||||
23 | to provide grants for construction of the Korean War Memorial | ||||||
24 | to be located at Oak Ridge Cemetery in Springfield, Illinois. | ||||||
25 | Upon the completion of the Memorial, the Department of | ||||||
26 | Veterans' Affairs shall certify to the State Treasurer that |
| |||||||
| |||||||
1 | the construction of the Memorial has been completed. At the | ||||||
2 | direction of and upon notification of the Secretary of State, | ||||||
3 | the State Comptroller shall direct and the State Treasurer | ||||||
4 | shall transfer all moneys in the Fund and any future deposits | ||||||
5 | into the Fund into the Secretary of State Special License | ||||||
6 | Plate Fund. Upon completion of the transfer, the Korean War | ||||||
7 | Memorial Construction Fund is dissolved. | ||||||
8 | (e) An individual who has been issued Korean War Veteran | ||||||
9 | license plates for a vehicle and who has been approved for | ||||||
10 | benefits under the Senior Citizens and Persons with | ||||||
11 | Disabilities Property Tax Relief Act shall pay the original | ||||||
12 | issuance and the regular annual fee for the registration of | ||||||
13 | the vehicle as provided in Section 3-806.3 of this Code. | ||||||
14 | (Source: P.A. 103-8, eff. 6-7-23.)
| ||||||
15 | (710 ILCS 40/10 rep.) | ||||||
16 | Section 5-135. The Reviewing Court Alternative Dispute | ||||||
17 | Resolution Act is amended by repealing Section 10.
| ||||||
18 | Section 5-140. The Unified Code of Corrections is amended | ||||||
19 | by changing Section 3-4-1 as follows:
| ||||||
20 | (730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1) | ||||||
21 | Sec. 3-4-1. Gifts and Grants; Special Trusts Funds; | ||||||
22 | Department of Corrections Reimbursement and Education Fund. | ||||||
23 | (a) The Department may accept, receive and use, for and in |
| |||||||
| |||||||
1 | behalf of the State, any moneys, goods or services given for | ||||||
2 | general purposes of this Code by the federal government or | ||||||
3 | from any other source, public or private, including | ||||||
4 | collections from inmates, reimbursement of payments under the | ||||||
5 | Workers' Compensation Act, and commissions from inmate collect | ||||||
6 | call telephone systems under an agreement with the Department | ||||||
7 | of Central Management Services. For these purposes the | ||||||
8 | Department may comply with such conditions and enter into such | ||||||
9 | agreements upon such covenants, terms, and conditions as the | ||||||
10 | Department may deem necessary or desirable, if the agreement | ||||||
11 | is not in conflict with State law. | ||||||
12 | (a-5) Beginning January 1, 2018, the Department of Central | ||||||
13 | Management Services shall contract with the qualified vendor | ||||||
14 | who proposes the lowest per minute rate not exceeding 7 cents | ||||||
15 | per minute for debit, prepaid, collect calls and who does not | ||||||
16 | bill to any party any tax, service charge, or additional fee | ||||||
17 | exceeding the per minute rate, including, but not limited to, | ||||||
18 | any per call surcharge, account set up fee, bill statement | ||||||
19 | fee, monthly account maintenance charge, or refund fee as | ||||||
20 | established by the Federal Communications Commission Order for | ||||||
21 | state prisons in the Matter of Rates for Interstate Inmate | ||||||
22 | Calling Services, Second Report and Order, WC Docket 12-375, | ||||||
23 | FCC 15-136 (adopted Oct. 22, 2015). Telephone services made | ||||||
24 | available through a prepaid or collect call system shall | ||||||
25 | include international calls; those calls shall be made | ||||||
26 | available at reasonable rates subject to Federal |
| |||||||
| |||||||
1 | Communications Commission rules and regulations, but not to | ||||||
2 | exceed 23 cents per minute. Public Act 99-878 applies to any | ||||||
3 | new or renewal contract for inmate calling services. | ||||||
4 | (b) The On July 1, 1998, the Department of Corrections | ||||||
5 | Reimbursement Fund and the Department of Corrections Education | ||||||
6 | Fund shall be combined into a single fund to be known as the | ||||||
7 | Department of Corrections Reimbursement and Education Fund , | ||||||
8 | which is hereby created as a special fund in the State | ||||||
9 | Treasury. The moneys deposited into the Department of | ||||||
10 | Corrections Reimbursement and Education Fund shall be | ||||||
11 | appropriated to the Department of Corrections for the expenses | ||||||
12 | of the Department. | ||||||
13 | The following shall be deposited into the Department of | ||||||
14 | Corrections Reimbursement and Education Fund: | ||||||
15 | (i) Moneys received or recovered by the Department of | ||||||
16 | Corrections as reimbursement for expenses incurred for the | ||||||
17 | incarceration of committed persons. | ||||||
18 | (ii) Moneys received or recovered by the Department as | ||||||
19 | reimbursement of payments made under the Workers' | ||||||
20 | Compensation Act. | ||||||
21 | (iii) Moneys received by the Department as commissions | ||||||
22 | from inmate collect call telephone systems. | ||||||
23 | (iv) Moneys received or recovered by the Department as | ||||||
24 | reimbursement for expenses incurred by the employment of | ||||||
25 | persons referred to the Department as participants in the | ||||||
26 | federal Job Training Partnership Act programs. |
| |||||||
| |||||||
1 | (v) Federal moneys, including reimbursement and | ||||||
2 | advances for services rendered or to be rendered and | ||||||
3 | moneys for other than educational purposes, under grant or | ||||||
4 | contract. | ||||||
5 | (vi) Moneys identified for deposit into the Fund under | ||||||
6 | Section 13-44.4 of the School Code. | ||||||
7 | (vii) (Blank). Moneys in the Department of Corrections | ||||||
8 | Reimbursement Fund and the Department of Corrections | ||||||
9 | Education Fund at the close of business on June 30, 1998. | ||||||
10 | (c) The Department of Juvenile Justice Reimbursement and | ||||||
11 | Education Fund is created as a special fund in the State | ||||||
12 | Treasury. The moneys deposited into the Department of Juvenile | ||||||
13 | Justice Reimbursement Fund and Education shall be appropriated | ||||||
14 | to the Department of Juvenile Justice for the expenses of the | ||||||
15 | Department. The following moneys shall be deposited into the | ||||||
16 | Department of Juvenile Justice Reimbursement Fund and | ||||||
17 | Education Fund: | ||||||
18 | (i) received or recovered by the Department of | ||||||
19 | Juvenile Justice as reimbursement for expenses incurred | ||||||
20 | for the incarceration of committed youth; | ||||||
21 | (ii) received or recovered by the Department as | ||||||
22 | reimbursement of payments made under the Workers' | ||||||
23 | Compensation Act; | ||||||
24 | (iii) received or recovered by the Department as | ||||||
25 | reimbursement for expenses incurred by the employment of | ||||||
26 | persons referred to the Department as participants in the |
| |||||||
| |||||||
1 | federal Job Training Partnership Act programs; | ||||||
2 | (iv) federal moneys, including reimbursement and | ||||||
3 | advances for services rendered or to be rendered and | ||||||
4 | moneys for other than educational purposes, under grant or | ||||||
5 | contract; and | ||||||
6 | (v) moneys identified for deposit into the Fund under | ||||||
7 | Section 13-44.6 of the School Code. | ||||||
8 | (Source: P.A. 102-350, eff. 8-13-21; 102-699, eff. 7-1-22.)
| ||||||
9 | (730 ILCS 5/3-2-2.1 rep.) | ||||||
10 | Section 5-145. The Unified Code of Corrections is amended | ||||||
11 | by repealing Section 3-2-2.1.
| ||||||
12 | Section 5-150. The Sex Offender Registration Act is | ||||||
13 | amended by changing Section 11 as follows:
| ||||||
14 | (730 ILCS 150/11) | ||||||
15 | Sec. 11. Offender Registration Fund. There is created the | ||||||
16 | Offender Registration Fund (formerly known as the Sex Offender | ||||||
17 | Registration Fund). Moneys in the Fund shall be used to cover | ||||||
18 | costs incurred by the criminal justice system to administer | ||||||
19 | this Article and the Murderer and Violent Offender Against | ||||||
20 | Youth Registration Act, and for purposes as authorized under | ||||||
21 | this Section. The Illinois State Police shall establish and | ||||||
22 | promulgate rules and procedures regarding the administration | ||||||
23 | of this Fund. Fifty percent of the moneys in the Fund shall be |
| |||||||
| |||||||
1 | allocated by the Department for sheriffs' offices and police | ||||||
2 | departments. The remaining moneys in the Fund received under | ||||||
3 | Public Act 101-571 this amendatory Act of the 101st General | ||||||
4 | Assembly shall be allocated to the Illinois State Police for | ||||||
5 | education and administration of the Act. | ||||||
6 | Notwithstanding any other provision of law, in addition to | ||||||
7 | any other transfers that may be provided by law, on the | ||||||
8 | effective date of this amendatory Act of the 103rd General | ||||||
9 | Assembly, or as soon thereafter as practical, the State | ||||||
10 | Comptroller shall direct and the State Treasurer shall | ||||||
11 | transfer the remaining balance from the Sex Offender | ||||||
12 | Investigation Fund to the Offender Registration Fund. Upon | ||||||
13 | completion of the transfers, the Sex Offender Investigation | ||||||
14 | Fund is dissolved, and any future deposits into the Sex | ||||||
15 | Offender Investigation Fund and any outstanding obligations or | ||||||
16 | liabilities of the Sex Offender Investigation Fund pass to the | ||||||
17 | Offender Registration Fund. | ||||||
18 | (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 6-9-23.)
| ||||||
19 | Article 10. | ||||||
20 | Section 10-5. The State Budget Law of the Civil | ||||||
21 | Administrative Code of Illinois is amended by changing Section | ||||||
22 | 50-25 as follows:
| ||||||
23 | (15 ILCS 20/50-25) |
| |||||||
| |||||||
1 | Sec. 50-25. Statewide prioritized goals. | ||||||
2 | (a) Definitions. As used in this Section: | ||||||
3 | "Commission" means the Budgeting for Results Commission | ||||||
4 | established by this Section. | ||||||
5 | "Result area" means major organizational categories of | ||||||
6 | State government as defined by the Governor. | ||||||
7 | "Outcome area" means subcategories of result areas that | ||||||
8 | further define, and facilitate the measurement of the result | ||||||
9 | area, as established by the Governor. | ||||||
10 | (b) Statewide prioritized goals. For fiscal year 2025 and | ||||||
11 | each fiscal year thereafter, prior to the submission of the | ||||||
12 | State budget, the Governor, in consultation with the | ||||||
13 | Commission established under this Section, shall: (i) identify | ||||||
14 | statewide result areas that are most important for each State | ||||||
15 | agency of the executive branch under the jurisdiction of the | ||||||
16 | Governor to achieve for the next fiscal year and (ii) identify | ||||||
17 | outcome areas, which further define the statewide result | ||||||
18 | areas, into which State programs and associated spending can | ||||||
19 | be categorized. There must be a reasonable number of annually | ||||||
20 | defined statewide result and outcome areas defining State | ||||||
21 | priorities for the budget. Each result and outcome shall be | ||||||
22 | further defined to facilitate success in achieving that result | ||||||
23 | or outcome. | ||||||
24 | (c) Budgeting for Results Commission. On or after July 31, | ||||||
25 | 2024, the Governor shall establish an advisory a commission | ||||||
26 | for the purpose of advising the Governor in the implementation |
| |||||||
| |||||||
1 | of performance-based budgeting in Illinois State government, | ||||||
2 | setting statewide result and outcome areas, and providing | ||||||
3 | oversight and guidance for comprehensive program assessments | ||||||
4 | and benefit-cost analysis of State agency programs. | ||||||
5 | (1) Membership. The commission shall be composed of | ||||||
6 | voting and non-voting members appointed by the Governor. | ||||||
7 | The commission shall be a well-balanced group and shall be | ||||||
8 | not more than 15 and not less than 8 members. Members | ||||||
9 | appointed by the Governor shall serve a three-year term, | ||||||
10 | beginning and ending on July 1 of each year. Vacancies in | ||||||
11 | Commission membership shall be filled in the same manner | ||||||
12 | as initial appointments. Appointments to fill vacancies | ||||||
13 | occurring before the expiration of a term shall be for the | ||||||
14 | remainder of the term. Members shall serve until their | ||||||
15 | successors are appointed. | ||||||
16 | (2) Bylaws. The commission may adopt bylaws for the | ||||||
17 | regulation of its affairs and the conduct of its business. | ||||||
18 | (3) Quorum. Total membership of the Commission | ||||||
19 | consists of the number of voting members serving on the | ||||||
20 | Commission, not including any vacant positions. A quorum | ||||||
21 | consists of a simple majority of total voting membership | ||||||
22 | and shall be sufficient to conduct the business of the | ||||||
23 | commission, unless stipulated otherwise in the bylaws of | ||||||
24 | the commission. A member may submit a proxy in writing to | ||||||
25 | the Commission Co-Chairs or the Commission Staff Director | ||||||
26 | no later than 24 hours before a scheduled meeting, and |
| |||||||
| |||||||
1 | that proxy shall count toward the quorum for that meeting | ||||||
2 | only. | ||||||
3 | (4) Chairpersons. Two Co-Chairs of the commission | ||||||
4 | shall be appointed by the Governor. The Co-Chairs shall be | ||||||
5 | one member of the General Assembly and one person who is | ||||||
6 | not a member of the General Assembly. | ||||||
7 | (5) Meetings. The commission shall hold at least 2 | ||||||
8 | in-person public meetings during each fiscal year. One | ||||||
9 | meeting shall be held in the City of Chicago and one | ||||||
10 | meeting shall be held in the City of Springfield. The | ||||||
11 | commission may choose by a majority vote of its members to | ||||||
12 | hold one virtual meeting, which is open to the public and | ||||||
13 | over the Internet, in lieu of the 2 in-person public | ||||||
14 | meetings required under this Section. | ||||||
15 | (6) Compensation. Members shall not receive | ||||||
16 | compensation for their services. | ||||||
17 | (7) Annual report. By November 1 of each year, the | ||||||
18 | commission shall submit a report to the Governor and the | ||||||
19 | General Assembly setting forth recommendations with | ||||||
20 | respect to the Governor's implementation of | ||||||
21 | performance-based budgeting in Illinois State government. | ||||||
22 | The report shall be published on the Governor's Office of | ||||||
23 | Management and Budget's website. In its report, the | ||||||
24 | commission shall report on the status of comprehensive | ||||||
25 | program assessments and benefit cost analysis of state | ||||||
26 | agency programs conducted during the prior year. |
| |||||||
| |||||||
1 | The commission shall also review existing statutory | ||||||
2 | mandates and include in its report recommendations for the | ||||||
3 | repeal or modification of statutory mandates and funds or the | ||||||
4 | State treasury which are out-of-date or unduly burdensome to | ||||||
5 | the operations of State government. | ||||||
6 | The General Assembly may object to the commission's report | ||||||
7 | by passing a joint resolution detailing the General Assembly's | ||||||
8 | objections. | ||||||
9 | (d) In addition, each other constitutional officer of the | ||||||
10 | executive branch, in consultation with the appropriation | ||||||
11 | committees of the General Assembly, shall: (i) prioritize | ||||||
12 | outcomes that are most important for his or her office to | ||||||
13 | achieve for the next fiscal year and (ii) set goals to | ||||||
14 | accomplish those outcomes according to the priority of the | ||||||
15 | outcome. The Governor and each constitutional officer shall | ||||||
16 | separately conduct performance analyses to determine which | ||||||
17 | programs, strategies, and activities will best achieve those | ||||||
18 | desired outcomes. The Governor shall recommend that | ||||||
19 | appropriations be made to State agencies and officers for the | ||||||
20 | next fiscal year based on the agreed upon result and outcome | ||||||
21 | areas. Each agency and officer may develop its own strategies | ||||||
22 | for meeting those goals and shall review and analyze those | ||||||
23 | strategies on a regular basis. The Governor shall also | ||||||
24 | implement procedures to measure annual progress toward the | ||||||
25 | State's statewide results and outcomes and shall develop a | ||||||
26 | statewide reporting system that collects performance data from |
| |||||||
| |||||||
1 | all programs under the authority of the Governor. Those | ||||||
2 | performance measures and results shall be posted on the | ||||||
3 | Governor's Office of Management and Budget website. | ||||||
4 | (Source: P.A. 102-801, eff. 5-13-22; 103-8, eff. 6-7-23.)
| ||||||
5 | Section 10-15. The High Technology School-to-Work Act is | ||||||
6 | amended by changing Sections 20 and 40 as follows:
| ||||||
7 | (20 ILCS 701/20) | ||||||
8 | Sec. 20. Coordination with economic development | ||||||
9 | activities. The Department may must coordinate the | ||||||
10 | administration of the High Technology School-to-Work Program, | ||||||
11 | including the targeting of projects, with the Department's | ||||||
12 | technology related planning and economic development | ||||||
13 | initiatives. | ||||||
14 | (Source: P.A. 92-250, eff. 8-3-01.)
| ||||||
15 | (20 ILCS 701/40) | ||||||
16 | Sec. 40. Duties. The Department may has the following | ||||||
17 | duties : | ||||||
18 | (1) Establish To establish and coordinate the High | ||||||
19 | Technology School-to-Work Program. | ||||||
20 | (2) Subject to appropriations, to make grants to local | ||||||
21 | partnerships to administer high technology school-to-work | ||||||
22 | projects. | ||||||
23 | (3) Periodically To periodically identify high |
| |||||||
| |||||||
1 | technology industries and occupations for which training | ||||||
2 | programs may be developed pursuant to the requirements of | ||||||
3 | this Act. | ||||||
4 | (4) Issue To issue guidelines for submitting grant | ||||||
5 | applications. | ||||||
6 | (5) Adopt To adopt , amend, or repeal any rules that | ||||||
7 | may be necessary to administer this Act. | ||||||
8 | (Source: P.A. 92-250, eff. 8-3-01.)
| ||||||
9 | (20 ILCS 1305/10-63 rep.) | ||||||
10 | Section 10-20. The Department of Human Services Act is | ||||||
11 | amended by repealing Section 10-63.
| ||||||
12 | (20 ILCS 2335/Act rep.) | ||||||
13 | Section 10-25. The Community Health Worker Advisory Board | ||||||
14 | Act is repealed.
| ||||||
15 | Section 10-30. The Department of Veterans' Affairs Act is | ||||||
16 | amended by changing Sections 2.07 and 2.13 as follows:
| ||||||
17 | (20 ILCS 2805/2.07) (from Ch. 126 1/2, par. 67.07) | ||||||
18 | Sec. 2.07. The Department shall employ and maintain | ||||||
19 | sufficient and qualified staff at the veterans' homes (i) to | ||||||
20 | fill all beds, subject to appropriation, and (ii) to fulfill | ||||||
21 | the requirements of this Act. The Department shall report to | ||||||
22 | the General Assembly, by February January 1 , for the reporting |
| |||||||
| |||||||
1 | period of July 1 through December 31, and August July 1 , for | ||||||
2 | the reporting period of January 1 through June 30, of each | ||||||
3 | year, the number of staff employed in providing direct patient | ||||||
4 | care at their veterans' homes, the compliance or noncompliance | ||||||
5 | with staffing standards established by the United States | ||||||
6 | Department of Veterans Affairs for such care, and in the event | ||||||
7 | of noncompliance with such standards, the number of staff | ||||||
8 | required for compliance. For purposes of this Section, a nurse | ||||||
9 | who has a license application pending with the State shall not | ||||||
10 | be deemed unqualified by the Department if the nurse is in | ||||||
11 | compliance with Section 50-15 of the Nurse Practice Act. | ||||||
12 | A veterans home is subject to the Health Care Violence | ||||||
13 | Prevention Act. | ||||||
14 | (Source: P.A. 100-1051, eff. 1-1-19 .)
| ||||||
15 | (20 ILCS 2805/2.13) | ||||||
16 | Sec. 2.13. Veterans Homes; complaints; communicable | ||||||
17 | disease reports. | ||||||
18 | (a) As used in this Section: | ||||||
19 | "Case" means a person that lived as a resident in a | ||||||
20 | Veterans Home and had an illness due to a communicable | ||||||
21 | disease. | ||||||
22 | "Communicable disease" means an illness due to a specific | ||||||
23 | infectious agent or its toxic products that arises through | ||||||
24 | transmission of that agent or its products from an infected | ||||||
25 | person, animal, or inanimate source to a susceptible host, |
| |||||||
| |||||||
1 | either directly or indirectly, through an intermediate plant | ||||||
2 | or animal host, a vector, or the inanimate environment. | ||||||
3 | (b) The Department shall submit a bi-annual report to the | ||||||
4 | General Assembly by February January 1 , for the reporting | ||||||
5 | period of July 1 through December 31, and August July 1 , for | ||||||
6 | the reporting period of January 1 through June 30, of each year | ||||||
7 | about the health and welfare of residents at Veterans Homes. | ||||||
8 | The report shall be filed electronically with the General | ||||||
9 | Assembly, as provided under Section 3.1 of the General | ||||||
10 | Assembly Organization Act, and shall be provided | ||||||
11 | electronically to any member of the General Assembly upon | ||||||
12 | request. Each report shall include, but not be limited to, the | ||||||
13 | following: | ||||||
14 | (1) the number and nature of complaints made by | ||||||
15 | residents, a resident's emergency contacts or next of kin, | ||||||
16 | or a resident's power of attorney during the quarter; | ||||||
17 | (2) information on any epidemic reported at a Veterans | ||||||
18 | Home during the quarter; and | ||||||
19 | (3) the number of cases and information on the cases, | ||||||
20 | including, but not limited to, any dates a resident showed | ||||||
21 | signs and symptoms of having a communicable disease, any | ||||||
22 | dates of a confirmed diagnosis of any resident with a | ||||||
23 | communicable disease, and the action taken by the Veterans | ||||||
24 | Home to eradicate the spread of communicable disease, | ||||||
25 | during the quarter. | ||||||
26 | (Source: P.A. 100-1103, eff. 8-27-18.)
|
| |||||||
| |||||||
1 | Section 10-35. The Governor's Office of Management and | ||||||
2 | Budget Act is amended by changing Section 5.1 as follows:
| ||||||
3 | (20 ILCS 3005/5.1) (from Ch. 127, par. 415) | ||||||
4 | Sec. 5.1. Under such regulations as the Governor may | ||||||
5 | prescribe, every State agency, other than State colleges and | ||||||
6 | universities, agencies of legislative and judicial branches of | ||||||
7 | State government, and elected State executive officers not | ||||||
8 | including the Governor, shall file with the Commission on | ||||||
9 | Government Forecasting and Accountability all applications for | ||||||
10 | federal grants, contracts and agreements. The Commission on | ||||||
11 | Government Forecasting and Accountability shall immediately | ||||||
12 | forward all such materials to the Office for the Office's | ||||||
13 | approval. Any application for federal funds which has not | ||||||
14 | received Office approval shall be considered void and any | ||||||
15 | funds received as a result of such application shall be | ||||||
16 | returned to the federal government before they are spent. Each | ||||||
17 | State agency subject to this Section shall, at least 45 days | ||||||
18 | before submitting its application to the federal agency, | ||||||
19 | report in detail to the Commission on Government Forecasting | ||||||
20 | and Accountability what the grant is intended to accomplish | ||||||
21 | and the specific plans for spending the federal dollars | ||||||
22 | received pursuant to the grant. The Commission on Government | ||||||
23 | Forecasting and Accountability shall immediately review such | ||||||
24 | forward such materials to the Office. The Office may approve |
| |||||||
| |||||||
1 | the submission of an application to the federal agency in less | ||||||
2 | than 45 days after its receipt by the Office when the Office | ||||||
3 | determines that the circumstances require an expedited | ||||||
4 | application. Such reports of applications and plans of | ||||||
5 | expenditure , which shall include but shall not be limited to: | ||||||
6 | (1) an estimate of both the direct and indirect costs | ||||||
7 | in non-federal revenues of participation in the federal | ||||||
8 | program; | ||||||
9 | (2) the probable length of duration of the program, a | ||||||
10 | schedule of fund receipts and an estimate of the cost to | ||||||
11 | the State of maintaining the program if and when the | ||||||
12 | federal financial assistance or grant is terminated; | ||||||
13 | (3) a list of State or local agencies utilizing the | ||||||
14 | financial assistance as direct recipients or subgrantees; | ||||||
15 | (4) a description of each program proposed to be | ||||||
16 | funded by the financial assistance or grant; and | ||||||
17 | (5) a description of any financial, program or | ||||||
18 | planning commitment on the part of the State required by | ||||||
19 | the federal government as a requirement for receipt of the | ||||||
20 | financial assistance or grant. | ||||||
21 | All State agencies subject to this Section shall | ||||||
22 | immediately file with the Commission on Government Forecasting | ||||||
23 | and Accountability any awards of federal funds and any and all | ||||||
24 | changes in the programs, in awards, in program duration, in | ||||||
25 | schedule of fund receipts, and in estimated costs to the State | ||||||
26 | of maintaining the program if and when federal assistance is |
| |||||||
| |||||||
1 | terminated, or in direct and indirect costs, of any grant | ||||||
2 | under which they are or expect to be receiving federal funds. | ||||||
3 | The Commission on Government Forecasting and Accountability | ||||||
4 | shall immediately forward such materials to the Office. | ||||||
5 | The Office in cooperation with the Commission on | ||||||
6 | Government Forecasting and Accountability shall develop | ||||||
7 | standard forms and a system of identifying numbers for the | ||||||
8 | applications and reports required by this Section. Upon | ||||||
9 | receipt from the State agencies of each application and | ||||||
10 | report, the Commission on Government Forecasting and | ||||||
11 | Accountability shall promptly designate the appropriate | ||||||
12 | identifying number therefor and communicate such number to the | ||||||
13 | respective State agency, the Comptroller and the Office. | ||||||
14 | Each State agency subject to this Section shall include in | ||||||
15 | each report to the Comptroller of the receipt of federal funds | ||||||
16 | the identifying number applicable to the grant under which | ||||||
17 | such funds are received. | ||||||
18 | (Source: P.A. 100-1148, eff. 12-10-18.)
| ||||||
19 | Section 10-40. The Legislative Commission Reorganization | ||||||
20 | Act of 1984 is amended by changing Section 4-2.1 as follows:
| ||||||
21 | (25 ILCS 130/4-2.1) | ||||||
22 | Sec. 4-2.1. Federal program functions. The Commission on | ||||||
23 | Government Forecasting and Accountability is established as | ||||||
24 | the information center for the General Assembly in the field |
| |||||||
| |||||||
1 | of federal-state relations and as State Central Information | ||||||
2 | Reception Agency for the purpose of receiving information from | ||||||
3 | federal agencies under the United States Office of Management | ||||||
4 | and Budget circular A-98 and the United States Department of | ||||||
5 | the Treasury Circular TC-1082 or any successor circulars | ||||||
6 | promulgated under authority of the United States | ||||||
7 | Inter-governmental Cooperation Act of 1968. Its powers and | ||||||
8 | duties in this capacity include, but are not limited to: | ||||||
9 | (a) Compiling and maintaining current information on | ||||||
10 | available and pending federal aid programs for the use of | ||||||
11 | the General Assembly and legislative agencies; | ||||||
12 | (b) Analyzing the relationship of federal aid programs | ||||||
13 | with state and locally financed programs, and assessing | ||||||
14 | the impact of federal aid programs on the State generally; | ||||||
15 | (c) Reporting annually to the General Assembly on the | ||||||
16 | adequacy of programs financed by federal aid in the State, | ||||||
17 | the types and nature of federal aid programs in which | ||||||
18 | State agencies or local governments did not participate, | ||||||
19 | and to make recommendations on such matters; | ||||||
20 | (d) Cooperating with the Governor's Office of | ||||||
21 | Management and Budget and with any State of Illinois | ||||||
22 | offices located in Washington, D.C., in obtaining | ||||||
23 | information concerning federal grant-in-aid legislation | ||||||
24 | and proposals having an impact on the State of Illinois; | ||||||
25 | (e) (Blank); Cooperating with the Governor's Office of | ||||||
26 | Management and Budget in developing forms and identifying |
| |||||||
| |||||||
1 | number systems for the documentation of applications, | ||||||
2 | awards, receipts and expenditures of federal funds by | ||||||
3 | State agencies; | ||||||
4 | (f) Receiving from every State agency, other than | ||||||
5 | State colleges and universities, agencies of legislative | ||||||
6 | and judicial branches of State government, and elected | ||||||
7 | State executive officers not including the Governor, all | ||||||
8 | applications for federal grants, contracts and agreements | ||||||
9 | and notification of any awards of federal funds and any | ||||||
10 | and all changes in the programs, in awards, in program | ||||||
11 | duration, in schedule of fund receipts, and in estimated | ||||||
12 | costs to the State of maintaining the program if and when | ||||||
13 | federal assistance is terminated, or in direct and | ||||||
14 | indirect costs, of any grant under which they are or | ||||||
15 | expect to be receiving federal funds; | ||||||
16 | (g) (Blank); and Forwarding to the Governor's Office | ||||||
17 | of Management and Budget all documents received under | ||||||
18 | paragraph (f) after assigning an appropriate, State | ||||||
19 | application identifier number to all applications; and | ||||||
20 | (h) Reporting such information as is received under | ||||||
21 | subparagraph (f) to the President and Minority Leader of | ||||||
22 | the Senate and the Speaker and Minority Leader of the | ||||||
23 | House of Representatives and their respective | ||||||
24 | appropriation staffs and to any member of the General | ||||||
25 | Assembly on a monthly basis at the request of the member. | ||||||
26 | The State colleges and universities, the agencies of the |
| |||||||
| |||||||
1 | legislative and judicial branches of State government, and the | ||||||
2 | elected State executive officers, not including the Governor, | ||||||
3 | shall submit to the Commission on Government Forecasting and | ||||||
4 | Accountability, in a manner prescribed by the Commission on | ||||||
5 | Government Forecasting and Accountability, summaries of | ||||||
6 | applications for federal funds filed and grants of federal | ||||||
7 | funds awarded. | ||||||
8 | (Source: P.A. 100-1148, eff. 12-10-18.)
| ||||||
9 | Section 10-45. The Grant Accountability and Transparency | ||||||
10 | Act is amended by changing Sections 15 and 45 as follows:
| ||||||
11 | (30 ILCS 708/15) | ||||||
12 | Sec. 15. Definitions. As used in this Act: | ||||||
13 | "Allowable cost" means a cost allowable to a project if: | ||||||
14 | (1) the costs are reasonable and necessary for the | ||||||
15 | performance of the award; | ||||||
16 | (2) the costs are allocable to the specific project; | ||||||
17 | (3) the costs are treated consistently in like | ||||||
18 | circumstances to both federally-financed and other | ||||||
19 | activities of the non-federal entity; | ||||||
20 | (4) the costs conform to any limitations of the cost | ||||||
21 | principles or the sponsored agreement; | ||||||
22 | (5) the costs are accorded consistent treatment; a | ||||||
23 | cost may not be assigned to a State or federal award as a | ||||||
24 | direct cost if any other cost incurred for the same |
| |||||||
| |||||||
1 | purpose in like circumstances has been allocated to the | ||||||
2 | award as an indirect cost; | ||||||
3 | (6) the costs are determined to be in accordance with | ||||||
4 | generally accepted accounting principles; | ||||||
5 | (7) the costs are not included as a cost or used to | ||||||
6 | meet federal cost-sharing or matching requirements of any | ||||||
7 | other program in either the current or prior period; | ||||||
8 | (8) the costs of one State or federal grant are not | ||||||
9 | used to meet the match requirements of another State or | ||||||
10 | federal grant; and | ||||||
11 | (9) the costs are adequately documented. | ||||||
12 | "Auditee" means any non-federal entity that expends State | ||||||
13 | or federal awards that must be audited. | ||||||
14 | "Auditor" means an auditor who is a public accountant or a | ||||||
15 | federal, State, or local government audit organization that | ||||||
16 | meets the general standards specified in generally-accepted | ||||||
17 | government auditing standards. "Auditor" does not include | ||||||
18 | internal auditors of nonprofit organizations. | ||||||
19 | "Auditor General" means the Auditor General of the State | ||||||
20 | of Illinois. | ||||||
21 | "Award" means financial assistance that provides support | ||||||
22 | or stimulation to accomplish a public purpose. "Awards" | ||||||
23 | include grants and other agreements in the form of money, or | ||||||
24 | property in lieu of money, by the State or federal government | ||||||
25 | to an eligible recipient. "Award" does not include: technical | ||||||
26 | assistance that provides services instead of money; other |
| |||||||
| |||||||
1 | assistance in the form of loans, loan guarantees, interest | ||||||
2 | subsidies, or insurance; direct payments of any kind to | ||||||
3 | individuals; or contracts that must be entered into and | ||||||
4 | administered under State or federal procurement laws and | ||||||
5 | regulations. | ||||||
6 | "Budget" means the financial plan for the project or | ||||||
7 | program that the awarding agency or pass-through entity | ||||||
8 | approves during the award process or in subsequent amendments | ||||||
9 | to the award. It may include the State or federal and | ||||||
10 | non-federal share or only the State or federal share, as | ||||||
11 | determined by the awarding agency or pass-through entity. | ||||||
12 | "Catalog of Federal Domestic Assistance" or "CFDA" means a | ||||||
13 | database that helps the federal government track all programs | ||||||
14 | it has domestically funded. | ||||||
15 | "Catalog of Federal Domestic Assistance number" or "CFDA | ||||||
16 | number" means the number assigned to a federal program in the | ||||||
17 | CFDA. | ||||||
18 | "Catalog of State Financial Assistance" means the single, | ||||||
19 | authoritative, statewide, comprehensive source document of | ||||||
20 | State financial assistance program information maintained by | ||||||
21 | the Governor's Office of Management and Budget. | ||||||
22 | "Catalog of State Financial Assistance Number" means the | ||||||
23 | number assigned to a State program in the Catalog of State | ||||||
24 | Financial Assistance. The first 3 digits represent the State | ||||||
25 | agency number and the last 4 digits represent the program. | ||||||
26 | "Cluster of programs" means a grouping of closely related |
| |||||||
| |||||||
1 | programs that share common compliance requirements. The types | ||||||
2 | of clusters of programs are research and development, student | ||||||
3 | financial aid, and other clusters. A "cluster of programs" | ||||||
4 | shall be considered as one program for determining major | ||||||
5 | programs and, with the exception of research and development, | ||||||
6 | whether a program-specific audit may be elected. | ||||||
7 | "Cognizant agency for audit" means the federal agency | ||||||
8 | designated to carry out the responsibilities described in 2 | ||||||
9 | CFR 200.513(a). | ||||||
10 | "Contract" means a legal instrument by which a non-federal | ||||||
11 | entity purchases property or services needed to carry out the | ||||||
12 | project or program under an award. "Contract" does not include | ||||||
13 | a legal instrument, even if the non-federal entity considers | ||||||
14 | it a contract, when the substance of the transaction meets the | ||||||
15 | definition of an award or subaward. | ||||||
16 | "Contractor" means an entity that receives a contract. | ||||||
17 | "Cooperative agreement" means a legal instrument of | ||||||
18 | financial assistance between an awarding agency or | ||||||
19 | pass-through entity and a non-federal entity that: | ||||||
20 | (1) is used to enter into a relationship with the | ||||||
21 | principal purpose of transferring anything of value from | ||||||
22 | the awarding agency or pass-through entity to the | ||||||
23 | non-federal entity to carry out a public purpose | ||||||
24 | authorized by law, but is not used to acquire property or | ||||||
25 | services for the awarding agency's or pass-through | ||||||
26 | entity's direct benefit or use; and |
| |||||||
| |||||||
1 | (2) is distinguished from a grant in that it provides | ||||||
2 | for substantial involvement between the awarding agency or | ||||||
3 | pass-through entity and the non-federal entity in carrying | ||||||
4 | out the activity contemplated by the award. | ||||||
5 | "Cooperative agreement" does not include a cooperative | ||||||
6 | research and development agreement, nor an agreement that | ||||||
7 | provides only direct cash assistance to an individual, a | ||||||
8 | subsidy, a loan, a loan guarantee, or insurance. | ||||||
9 | "Corrective action" means action taken by the auditee that | ||||||
10 | (i) corrects identified deficiencies, (ii) produces | ||||||
11 | recommended improvements, or (iii) demonstrates that audit | ||||||
12 | findings are either invalid or do not warrant auditee action. | ||||||
13 | "Cost objective" means a program, function, activity, | ||||||
14 | award, organizational subdivision, contract, or work unit for | ||||||
15 | which cost data is desired and for which provision is made to | ||||||
16 | accumulate and measure the cost of processes, products, jobs, | ||||||
17 | and capital projects. A "cost objective" may be a major | ||||||
18 | function of the non-federal entity, a particular service or | ||||||
19 | project, an award, or an indirect cost activity. | ||||||
20 | "Cost sharing" means the portion of project costs not paid | ||||||
21 | by State or federal funds, unless otherwise authorized by | ||||||
22 | statute. | ||||||
23 | "Development" is the systematic use of knowledge and | ||||||
24 | understanding gained from research directed toward the | ||||||
25 | production of useful materials, devices, systems, or methods, | ||||||
26 | including design and development of prototypes and processes. |
| |||||||
| |||||||
1 | "Data Universal Numbering System number" means the 9-digit | ||||||
2 | number established and assigned by Dun and Bradstreet, Inc. to | ||||||
3 | uniquely identify entities and, under federal law, is required | ||||||
4 | for non-federal entities to apply for, receive, and report on | ||||||
5 | a federal award. | ||||||
6 | "Direct costs" means costs that can be identified | ||||||
7 | specifically with a particular final cost objective, such as a | ||||||
8 | State or federal or federal pass-through award or a particular | ||||||
9 | sponsored project, an instructional activity, or any other | ||||||
10 | institutional activity, or that can be directly assigned to | ||||||
11 | such activities relatively easily with a high degree of | ||||||
12 | accuracy. | ||||||
13 | "Equipment" means tangible personal property (including | ||||||
14 | information technology systems) having a useful life of more | ||||||
15 | than one year and a per-unit acquisition cost that equals or | ||||||
16 | exceeds the lesser of the capitalization level established by | ||||||
17 | the non-federal entity for financial statement purposes, or | ||||||
18 | $5,000. | ||||||
19 | "Executive branch" means that branch of State government | ||||||
20 | that is under the jurisdiction of the Governor. | ||||||
21 | "Federal agency" has the meaning provided for "agency" | ||||||
22 | under 5 U.S.C. 551(1) together with the meaning provided for | ||||||
23 | "agency" by 5 U.S.C. 552(f). | ||||||
24 | "Federal award" means: | ||||||
25 | (1) the federal financial assistance that a | ||||||
26 | non-federal entity receives directly from a federal |
| |||||||
| |||||||
1 | awarding agency or indirectly from a pass-through entity; | ||||||
2 | (2) the cost-reimbursement contract under the Federal | ||||||
3 | Acquisition Regulations that a non-federal entity receives | ||||||
4 | directly from a federal awarding agency or indirectly from | ||||||
5 | a pass-through entity; or | ||||||
6 | (3) the instrument setting forth the terms and | ||||||
7 | conditions when the instrument is the grant agreement, | ||||||
8 | cooperative agreement, other agreement for assistance | ||||||
9 | covered in 2 CFR 200, Subpart A, Acronyms and Definitions | ||||||
10 | paragraph (b) of 20 CFR 200.40 , or the cost-reimbursement | ||||||
11 | contract awarded under the Federal Acquisition | ||||||
12 | Regulations. | ||||||
13 | "Federal award" does not include other contracts that a | ||||||
14 | federal agency uses to buy goods or services from a contractor | ||||||
15 | or a contract to operate federal government owned, | ||||||
16 | contractor-operated facilities. | ||||||
17 | "Federal awarding agency" means the federal agency that | ||||||
18 | provides a federal award directly to a non-federal entity. | ||||||
19 | "Federal interest" means, for purposes of 2 CFR 200, | ||||||
20 | Subpart D, Post Federal Award Requirements (Performance and | ||||||
21 | Financial Monitoring and Reporting) 2 CFR 200.329 or when used | ||||||
22 | in connection with the acquisition or improvement of real | ||||||
23 | property, equipment, or supplies under a federal award, the | ||||||
24 | dollar amount that is the product of the federal share of total | ||||||
25 | project costs and current fair market value of the property, | ||||||
26 | improvements, or both, to the extent the costs of acquiring or |
| |||||||
| |||||||
1 | improving the property were included as project costs. | ||||||
2 | "Federal program" means any of the following: | ||||||
3 | (1) All federal awards which are assigned a single | ||||||
4 | number in the CFDA. | ||||||
5 | (2) When no CFDA number is assigned, all federal | ||||||
6 | awards to non-federal entities from the same agency made | ||||||
7 | for the same purpose should be combined and considered one | ||||||
8 | program. | ||||||
9 | (3) Notwithstanding paragraphs (1) and (2) of this | ||||||
10 | definition, a cluster of programs. The types of clusters | ||||||
11 | of programs are: | ||||||
12 | (A) research and development; | ||||||
13 | (B) student financial aid; and | ||||||
14 | (C) "other clusters", as described in the | ||||||
15 | definition of "cluster of programs". | ||||||
16 | "Federal share" means the portion of the total project | ||||||
17 | costs that are paid by federal funds. | ||||||
18 | "Final cost objective" means a cost objective which has | ||||||
19 | allocated to it both direct and indirect costs and, in the | ||||||
20 | non-federal entity's accumulation system, is one of the final | ||||||
21 | accumulation points, such as a particular award, internal | ||||||
22 | project, or other direct activity of a non-federal entity. | ||||||
23 | "Financial assistance" means the following: | ||||||
24 | (1) For grants and cooperative agreements, "financial | ||||||
25 | assistance" means assistance that non-federal entities | ||||||
26 | receive or administer in the form of: |
| |||||||
| |||||||
1 | (A) grants; | ||||||
2 | (B) cooperative agreements; | ||||||
3 | (C) non-cash contributions or donations of | ||||||
4 | property, including donated surplus property; | ||||||
5 | (D) direct appropriations; | ||||||
6 | (E) food commodities; and | ||||||
7 | (F) other financial assistance, except assistance | ||||||
8 | listed in paragraph (2) of this definition. | ||||||
9 | (2) "Financial assistance" includes assistance that | ||||||
10 | non-federal entities receive or administer in the form of | ||||||
11 | loans, loan guarantees, interest subsidies, and insurance. | ||||||
12 | (3) "Financial assistance" does not include amounts | ||||||
13 | received as reimbursement for services rendered to | ||||||
14 | individuals. | ||||||
15 | "Fixed amount awards" means a type of grant agreement | ||||||
16 | under which the awarding agency or pass-through entity | ||||||
17 | provides a specific level of support without regard to actual | ||||||
18 | costs incurred under the award. "Fixed amount awards" reduce | ||||||
19 | some of the administrative burden and record-keeping | ||||||
20 | requirements for both the non-federal entity and awarding | ||||||
21 | agency or pass-through entity. Accountability is based | ||||||
22 | primarily on performance and results. | ||||||
23 | "Foreign public entity" means: | ||||||
24 | (1) a foreign government or foreign governmental | ||||||
25 | entity; | ||||||
26 | (2) a public international organization that is |
| |||||||
| |||||||
1 | entitled to enjoy privileges, exemptions, and immunities | ||||||
2 | as an international organization under the International | ||||||
3 | Organizations Immunities Act (22 U.S.C. 288-288f); | ||||||
4 | (3) an entity owned, in whole or in part, or | ||||||
5 | controlled by a foreign government; or | ||||||
6 | (4) any other entity consisting wholly or partially of | ||||||
7 | one or more foreign governments or foreign governmental | ||||||
8 | entities. | ||||||
9 | "Foreign organization" means an entity that is: | ||||||
10 | (1) a public or private organization located in a | ||||||
11 | country other than the United States and its territories | ||||||
12 | that are subject to the laws of the country in which it is | ||||||
13 | located, irrespective of the citizenship of project staff | ||||||
14 | or place of performance; | ||||||
15 | (2) a private nongovernmental organization located in | ||||||
16 | a country other than the United States that solicits and | ||||||
17 | receives cash contributions from the general public; | ||||||
18 | (3) a charitable organization located in a country | ||||||
19 | other than the United States that is nonprofit and tax | ||||||
20 | exempt under the laws of its country of domicile and | ||||||
21 | operation, but is not a university, college, accredited | ||||||
22 | degree-granting institution of education, private | ||||||
23 | foundation, hospital, organization engaged exclusively in | ||||||
24 | research or scientific activities, church, synagogue, | ||||||
25 | mosque, or other similar entity organized primarily for | ||||||
26 | religious purposes; or |
| |||||||
| |||||||
1 | (4) an organization located in a country other than | ||||||
2 | the United States not recognized as a Foreign Public | ||||||
3 | Entity. | ||||||
4 | "Generally Accepted Accounting Principles" has the meaning | ||||||
5 | provided in accounting standards issued by the Government | ||||||
6 | Accounting Standards Board and the Financial Accounting | ||||||
7 | Standards Board. | ||||||
8 | "Generally Accepted Government Auditing Standards" means | ||||||
9 | generally accepted government auditing standards issued by the | ||||||
10 | Comptroller General of the United States that are applicable | ||||||
11 | to financial audits. | ||||||
12 | "Grant agreement" means a legal instrument of financial | ||||||
13 | assistance between an awarding agency or pass-through entity | ||||||
14 | and a non-federal entity that: | ||||||
15 | (1) is used to enter into a relationship, the | ||||||
16 | principal purpose of which is to transfer anything of | ||||||
17 | value from the awarding agency or pass-through entity to | ||||||
18 | the non-federal entity to carry out a public purpose | ||||||
19 | authorized by law and not to acquire property or services | ||||||
20 | for the awarding agency or pass-through entity's direct | ||||||
21 | benefit or use; and | ||||||
22 | (2) is distinguished from a cooperative agreement in | ||||||
23 | that it does not provide for substantial involvement | ||||||
24 | between the awarding agency or pass-through entity and the | ||||||
25 | non-federal entity in carrying out the activity | ||||||
26 | contemplated by the award. |
| |||||||
| |||||||
1 | "Grant agreement" does not include an agreement that | ||||||
2 | provides only direct cash assistance to an individual, a | ||||||
3 | subsidy, a loan, a loan guarantee, or insurance. | ||||||
4 | "Grant application" means a specified form that is | ||||||
5 | completed by a non-federal entity in connection with a request | ||||||
6 | for a specific funding opportunity or a request for financial | ||||||
7 | support of a project or activity. | ||||||
8 | "Hospital" means a facility licensed as a hospital under | ||||||
9 | the law of any state or a facility operated as a hospital by | ||||||
10 | the United States, a state, or a subdivision of a state. | ||||||
11 | "Illinois Debarred and Suspended List" means the list | ||||||
12 | maintained by the Governor's Office of Management and Budget | ||||||
13 | that contains the names of those individuals and entities that | ||||||
14 | are ineligible, either temporarily or permanently, from | ||||||
15 | receiving an award of grant funds from the State. | ||||||
16 | "Indirect cost" means those costs incurred for a common or | ||||||
17 | joint purpose benefitting more than one cost objective and not | ||||||
18 | readily assignable to the cost objectives specifically | ||||||
19 | benefitted without effort disproportionate to the results | ||||||
20 | achieved. | ||||||
21 | "Inspector General" means the Office of the Executive | ||||||
22 | Inspector General for Executive branch agencies. | ||||||
23 | "Loan" means a State or federal loan or loan guarantee | ||||||
24 | received or administered by a non-federal entity. "Loan" does | ||||||
25 | not include a "program income" as defined in 2 CFR 200, Subpart | ||||||
26 | A, Acronyms and Definitions 2 CFR 200.80 . |
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| |||||||
1 | "Loan guarantee" means any State or federal government | ||||||
2 | guarantee, insurance, or other pledge with respect to the | ||||||
3 | payment of all or a part of the principal or interest on any | ||||||
4 | debt obligation of a non-federal borrower to a non-federal | ||||||
5 | lender, but does not include the insurance of deposits, | ||||||
6 | shares, or other withdrawable accounts in financial | ||||||
7 | institutions. | ||||||
8 | "Local government" has the meaning provided for the term | ||||||
9 | "units of local government" under Section 1 of Article VII of | ||||||
10 | the Illinois Constitution and includes school districts. | ||||||
11 | "Major program" means a federal program determined by the | ||||||
12 | auditor to be a major program in accordance with 2 CFR 200.518 | ||||||
13 | or a program identified as a major program by a federal | ||||||
14 | awarding agency or pass-through entity in accordance with 2 | ||||||
15 | CFR 200.503(e). | ||||||
16 | "Non-federal entity" means a state, local government, | ||||||
17 | Indian tribe, institution of higher education, or | ||||||
18 | organization, whether nonprofit or for-profit, that carries | ||||||
19 | out a State or federal award as a recipient or subrecipient. | ||||||
20 | "Nonprofit organization" means any corporation, trust, | ||||||
21 | association, cooperative, or other organization, not including | ||||||
22 | institutions of higher education, that: | ||||||
23 | (1) is operated primarily for scientific, educational, | ||||||
24 | service, charitable, or similar purposes in the public | ||||||
25 | interest; | ||||||
26 | (2) is not organized primarily for profit; and |
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1 | (3) uses net proceeds to maintain, improve, or expand | ||||||
2 | the operations of the organization. | ||||||
3 | "Obligations", when used in connection with a non-federal | ||||||
4 | entity's utilization of funds under an award, means orders | ||||||
5 | placed for property and services, contracts and subawards | ||||||
6 | made, and similar transactions during a given period that | ||||||
7 | require payment by the non-federal entity during the same or a | ||||||
8 | future period. | ||||||
9 | "Office of Management and Budget" means the Office of | ||||||
10 | Management and Budget of the Executive Office of the | ||||||
11 | President. | ||||||
12 | "Other clusters" has the meaning provided by the federal | ||||||
13 | Office of Management and Budget in the compliance supplement | ||||||
14 | or has the meaning as it is designated by a state for federal | ||||||
15 | awards the state provides to its subrecipients that meet the | ||||||
16 | definition of a cluster of programs. When designating an | ||||||
17 | "other cluster", a state must identify the federal awards | ||||||
18 | included in the cluster and advise the subrecipients of | ||||||
19 | compliance requirements applicable to the cluster. | ||||||
20 | "Oversight agency for audit" means the federal awarding | ||||||
21 | agency that provides the predominant amount of funding | ||||||
22 | directly to a non-federal entity not assigned a cognizant | ||||||
23 | agency for audit. When there is no direct funding, the | ||||||
24 | awarding agency that is the predominant source of pass-through | ||||||
25 | funding must assume the oversight responsibilities. The duties | ||||||
26 | of the oversight agency for audit and the process for any |
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| |||||||
1 | reassignments are described in 2 CFR 200.513(b). | ||||||
2 | "Pass-through entity" means a non-federal entity that | ||||||
3 | provides a subaward to a subrecipient to carry out part of a | ||||||
4 | program. | ||||||
5 | "Private award" means an award from a person or entity | ||||||
6 | other than a State or federal entity. Private awards are not | ||||||
7 | subject to the provisions of this Act. | ||||||
8 | "Property" means real property or personal property. | ||||||
9 | "Project cost" means total allowable costs incurred under | ||||||
10 | an award and all required cost sharing and voluntary committed | ||||||
11 | cost sharing, including third-party contributions. | ||||||
12 | "Public institutions of higher education" has the meaning | ||||||
13 | provided in Section 1 of the Board of Higher Education Act. | ||||||
14 | "Recipient" means a non-federal entity that receives an | ||||||
15 | award directly from an awarding agency to carry out an | ||||||
16 | activity under a program. "Recipient" does not include | ||||||
17 | subrecipients. | ||||||
18 | "Research and Development" means all research activities, | ||||||
19 | both basic and applied, and all development activities that | ||||||
20 | are performed by non-federal entities. | ||||||
21 | "Single Audit Act" means the federal Single Audit Act | ||||||
22 | Amendments of 1996 (31 U.S.C. 7501-7507). | ||||||
23 | "State agency" means an Executive branch agency. For | ||||||
24 | purposes of this Act, "State agency" does not include public | ||||||
25 | institutions of higher education. | ||||||
26 | "State award" means the financial assistance that a |
| |||||||
| |||||||
1 | non-federal entity receives from the State and that is funded | ||||||
2 | with either State funds or federal funds; in the latter case, | ||||||
3 | the State is acting as a pass-through entity. | ||||||
4 | "State awarding agency" means a State agency that provides | ||||||
5 | an award to a non-federal entity. | ||||||
6 | "State grant-making agency" has the same meaning as "State | ||||||
7 | awarding agency". | ||||||
8 | "State interest" means the acquisition or improvement of | ||||||
9 | real property, equipment, or supplies under a State award, the | ||||||
10 | dollar amount that is the product of the State share of the | ||||||
11 | total project costs and current fair market value of the | ||||||
12 | property, improvements, or both, to the extent the costs of | ||||||
13 | acquiring or improving the property were included as project | ||||||
14 | costs. | ||||||
15 | "State program" means any of the following: | ||||||
16 | (1) All State awards which are assigned a single | ||||||
17 | number in the Catalog of State Financial Assistance. | ||||||
18 | (2) When no Catalog of State Financial Assistance | ||||||
19 | number is assigned, all State awards to non-federal | ||||||
20 | entities from the same agency made for the same purpose | ||||||
21 | are considered one program. | ||||||
22 | (3) A cluster of programs as defined in this Section. | ||||||
23 | "State share" means the portion of the total project costs | ||||||
24 | that are paid by State funds. | ||||||
25 | "Stop payment order" means a communication from a State | ||||||
26 | grant-making agency to the Office of the Comptroller, |
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| |||||||
1 | following procedures set out by the Office of the Comptroller, | ||||||
2 | causing the cessation of payments to a recipient or | ||||||
3 | subrecipient as a result of the recipient's or subrecipient's | ||||||
4 | failure to comply with one or more terms of the grant or | ||||||
5 | subaward. | ||||||
6 | "Stop payment procedure" means the procedure created by | ||||||
7 | the Office of the Comptroller which effects a stop payment | ||||||
8 | order and the lifting of a stop payment order upon the request | ||||||
9 | of the State grant-making agency. | ||||||
10 | "Student Financial Aid" means federal awards under those | ||||||
11 | programs of general student assistance, such as those | ||||||
12 | authorized by Title IV of the Higher Education Act of 1965, as | ||||||
13 | amended (20 U.S.C. 1070-1099d), that are administered by the | ||||||
14 | United States Department of Education and similar programs | ||||||
15 | provided by other federal agencies. "Student Financial Aid" | ||||||
16 | does not include federal awards under programs that provide | ||||||
17 | fellowships or similar federal awards to students on a | ||||||
18 | competitive basis or for specified studies or research. | ||||||
19 | "Subaward" means a State or federal award provided by a | ||||||
20 | pass-through entity to a subrecipient for the subrecipient to | ||||||
21 | carry out part of a federal award received by the pass-through | ||||||
22 | entity. "Subaward" does not include payments to a contractor | ||||||
23 | or payments to an individual that is a beneficiary of a federal | ||||||
24 | program. A "subaward" may be provided through any form of | ||||||
25 | legal agreement, including an agreement that the pass-through | ||||||
26 | entity considers a contract. |
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| |||||||
1 | "Subrecipient" means a non-federal entity that receives a | ||||||
2 | State or federal subaward from a pass-through entity to carry | ||||||
3 | out part of a federal program. "Subrecipient" does not include | ||||||
4 | an individual that is a beneficiary of such program. A | ||||||
5 | "subrecipient" may also be a recipient of other State or | ||||||
6 | federal awards directly from a State or federal awarding | ||||||
7 | agency. | ||||||
8 | "Suspension" means a post-award action by the State or | ||||||
9 | federal agency or pass-through entity that temporarily | ||||||
10 | withdraws the State or federal agency's or pass-through | ||||||
11 | entity's financial assistance sponsorship under an award, | ||||||
12 | pending corrective action by the recipient or subrecipient or | ||||||
13 | pending a decision to terminate the award. | ||||||
14 | "Uniform Administrative Requirements, Costs Principles, | ||||||
15 | and Audit Requirements for Federal Awards" means those rules | ||||||
16 | applicable to grants contained in 2 CFR 200. | ||||||
17 | "Voluntary committed cost sharing" means cost sharing | ||||||
18 | specifically pledged on a voluntary basis in the proposal's | ||||||
19 | budget or the award on the part of the non-federal entity and | ||||||
20 | that becomes a binding requirement of the award. | ||||||
21 | (Source: P.A. 100-997, eff. 8-20-18.)
| ||||||
22 | (30 ILCS 708/45) | ||||||
23 | Sec. 45. Applicability. | ||||||
24 | (a) Except as otherwise provided in this Section, the | ||||||
25 | requirements established under this Act apply to State |
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1 | grant-making agencies that make State and federal pass-through | ||||||
2 | awards to non-federal entities. These requirements apply to | ||||||
3 | all costs related to State and federal pass-through awards. | ||||||
4 | The requirements established under this Act do not apply to | ||||||
5 | private awards, to allocations of State revenues paid over by | ||||||
6 | the Comptroller to units of local government and other taxing | ||||||
7 | districts pursuant to the State Revenue Sharing Act from the | ||||||
8 | Local Government Distributive Fund or the Personal Property | ||||||
9 | Tax Replacement Fund, to allotments of State motor fuel tax | ||||||
10 | revenues distributed by the Department of Transportation to | ||||||
11 | units of local government pursuant to the Motor Fuel Tax Law | ||||||
12 | from the Motor Fuel Tax Fund or the Transportation Renewal | ||||||
13 | Fund, or to awards, including capital appropriated funds, made | ||||||
14 | by the Department of Transportation to units of local | ||||||
15 | government for the purposes of transportation projects | ||||||
16 | utilizing State funds, federal funds, or both State and | ||||||
17 | federal funds. This Act shall recognize that federal and | ||||||
18 | federal pass-through awards from the Department of | ||||||
19 | Transportation to units of local government are governed by | ||||||
20 | and must comply with federal guidelines under 2 CFR Part 200. | ||||||
21 | The changes made by this amendatory Act of the 102nd | ||||||
22 | General Assembly apply to pending actions as well as actions | ||||||
23 | commenced on or after the effective date of this amendatory | ||||||
24 | Act of the 102nd General Assembly. | ||||||
25 | (a-5) Nothing in this Act shall prohibit the use of State | ||||||
26 | funds for purposes of federal match or maintenance of effort. |
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| |||||||
1 | (b) The terms and conditions of State, federal, and | ||||||
2 | pass-through awards apply to subawards and subrecipients | ||||||
3 | unless a particular Section of this Act or the terms and | ||||||
4 | conditions of the State or federal award specifically indicate | ||||||
5 | otherwise. Non-federal entities shall comply with requirements | ||||||
6 | of this Act regardless of whether the non-federal entity is a | ||||||
7 | recipient or subrecipient of a State or federal pass-through | ||||||
8 | award. Pass-through entities shall comply with the | ||||||
9 | requirements set forth under the rules adopted under | ||||||
10 | subsection (a) of Section 20 of this Act, but not to any | ||||||
11 | requirements in this Act directed towards State or federal | ||||||
12 | awarding agencies, unless the requirements of the State or | ||||||
13 | federal awards indicate otherwise. | ||||||
14 | When a non-federal entity is awarded a cost-reimbursement | ||||||
15 | contract, only 2 CFR 200, Subpart D, Post Federal Award | ||||||
16 | Requirements (Subrecipient Monitoring and Management) 2 CFR | ||||||
17 | 200.330 through 200.332 are incorporated by reference into the | ||||||
18 | contract. However, when the Cost Accounting Standards are | ||||||
19 | applicable to the contract, they take precedence over the | ||||||
20 | requirements of this Act unless they are in conflict with | ||||||
21 | Subpart F of 2 CFR 200. In addition, costs that are made | ||||||
22 | unallowable under 10 U.S.C. 2324(e) and 41 U.S.C. 4304(a), as | ||||||
23 | described in the Federal Acquisition Regulations, subpart 31.2 | ||||||
24 | and subpart 31.603, are always unallowable. For requirements | ||||||
25 | other than those covered in Subpart D of 2 CFR 200, Subpart D, | ||||||
26 | Post Federal Award Requirements(Subrecipient Monitoring and |
| |||||||
| |||||||
1 | Management) 2 CFR 200.330 through 200.332 , the terms of the | ||||||
2 | contract and the Federal Acquisition Regulations apply. | ||||||
3 | With the exception of Subpart F of 2 CFR 200, which is | ||||||
4 | required by the Single Audit Act, in any circumstances where | ||||||
5 | the provisions of federal statutes or regulations differ from | ||||||
6 | the provisions of this Act, the provision of the federal | ||||||
7 | statutes or regulations govern. This includes, for agreements | ||||||
8 | with Indian tribes, the provisions of the Indian | ||||||
9 | Self-Determination and Education and Assistance Act, as | ||||||
10 | amended, 25 U.S.C. 450-458ddd-2. | ||||||
11 | (c) State grant-making agencies may apply subparts A | ||||||
12 | through E of 2 CFR 200 to for-profit entities, foreign public | ||||||
13 | entities, or foreign organizations, except where the awarding | ||||||
14 | agency determines that the application of these subparts would | ||||||
15 | be inconsistent with the international obligations of the | ||||||
16 | United States or the statute or regulations of a foreign | ||||||
17 | government. | ||||||
18 | (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to | ||||||
19 | different types of awards. The same applicability applies to | ||||||
20 | this Act. | ||||||
21 | (e) (Blank). | ||||||
22 | (f) For public institutions of higher education, the | ||||||
23 | provisions of this Act apply only to awards funded by federal | ||||||
24 | pass-through awards from a State agency to public institutions | ||||||
25 | of higher education. This Act shall recognize provisions in 2 | ||||||
26 | CFR 200 as applicable to public institutions of higher |
| |||||||
| |||||||
1 | education, including Appendix III of Part 200 and the cost | ||||||
2 | principles under Subpart E. | ||||||
3 | (g) Each grant-making agency shall enhance its processes | ||||||
4 | to monitor and address noncompliance with reporting | ||||||
5 | requirements and with program performance standards. Where | ||||||
6 | applicable, the process may include a corrective action plan. | ||||||
7 | The monitoring process shall include a plan for tracking and | ||||||
8 | documenting performance-based contracting decisions. | ||||||
9 | (h) Notwithstanding any provision of law to the contrary, | ||||||
10 | grants awarded from federal funds received from the federal | ||||||
11 | Coronavirus State Fiscal Recovery Fund in accordance with | ||||||
12 | Section 9901 of the American Rescue Plan Act of 2021 are | ||||||
13 | subject to the provisions of this Act, but only to the extent | ||||||
14 | required by Section 9901 of the American Rescue Plan Act of | ||||||
15 | 2021 and other applicable federal law or regulation. | ||||||
16 | (Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21; | ||||||
17 | 102-626, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1092, eff. | ||||||
18 | 6-10-22.)
| ||||||
19 | Section 10-50. The Illinois State University Law is | ||||||
20 | amended by changing Section 20-170 as follows:
| ||||||
21 | (110 ILCS 675/20-170) | ||||||
22 | Sec. 20-170. Administrator and faculty salary and | ||||||
23 | benefits; report. The Board of Trustees shall report to the | ||||||
24 | Board of Higher Education, on or before August July 1 of each |
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1 | year, the base salary and benefits of the president of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | university and all administrators, faculty members, and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | instructors employed by the university from the prior fiscal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | year . For the purposes of this Section, "benefits" includes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | without limitation vacation days, sick days, bonuses, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | annuities, and retirement enhancements. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
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8 | Article 99. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Section 99-99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | becoming law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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