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

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5601

Introduced , by Rep. William "Will" Davis

SYNOPSIS AS INTRODUCED:
See Index

Amends various Acts concerning various State programs, State funds, and State fund transfers. Deletes obsolete language and makes technical changes. Effective immediately.
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A BILL FOR

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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4
Article 5.
5 Section 5-5. The State Employees Group Insurance Act of
61971 is amended by changing Section 11 as follows:
7 (5 ILCS 375/11) (from Ch. 127, par. 531)
8 Sec. 11. The amount of contribution in any fiscal year
9from funds other than the General Revenue Fund or the Road Fund
10shall be at the same contribution rate as the General Revenue
11Fund or the Road Fund except that, in State Fiscal Year 2009,
12no contributions shall be required from the FY09 Budget Relief
13Fund. Contributions and payments for life insurance shall be
14deposited in the Group Insurance Premium Fund. Contributions
15and payments for health coverages and other benefits shall be
16deposited in the Health Insurance Reserve Fund. Federal funds
17which are available for cooperative extension purposes shall
18also be charged for the contributions which are made for
19retired employees formerly employed in the Cooperative
20Extension Service. In the case of departments or any division
21thereof receiving a fraction of its requirements for
22administration from the Federal Government, the contributions

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1hereunder shall be such fraction of the amount determined
2under the provisions hereof and the remainder shall be
3contributed by the State.
4 Every department which has members paid from funds other
5than the General Revenue Fund shall cooperate with the
6Department of Central Management Services and the Governor's
7Office of Management and Budget in order to assure that the
8specified proportion of the State's cost for group life
9insurance, the program of health benefits and other employee
10benefits is paid by such funds; except that contributions
11under this Act need not be paid from any other fund where both
12the Director of Central Management Services and the Director
13of the Governor's Office of Management and Budget have
14designated in writing that the necessary contributions are
15included in the General Revenue Fund contribution amount.
16 Universities having employees who are compensated out of
17the following funds or sources are not required to submit the
18contribution 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
24from the funds or sources of funds identified in paragraphs
25(1) through (6) above, universities shall be required to
26submit a pro rata contribution for the portion of the

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1employee's compensation that is derived out of funds or
2sources other than those identified in paragraphs (1) through
3(6) above.
4 The Department of Central Management Services may conduct
5a post-payment review of university reimbursements to assess
6or address any discrepancies. Universities shall cooperate
7with the Department of Central Management Services during any
8post-payment review, that may require universities to provide
9documentation to support payment calculations or funding
10sources used for calculating reimbursements. The Department of
11Central Management Services reserves the right to reconcile
12any discrepancies in reimbursement subtotals or total
13obligations and to notify universities of all final
14reconciliations, which shall include the Department of Central
15Management Services calculations and the amount of any credits
16or obligations that may be due.
17 For each employee of the Illinois Toll Highway Authority
18covered under this Act whose eligibility for such coverage is
19as an annuitant, the Authority shall annually contribute an
20amount, as determined by the Director of the Department of
21Central Management Services, that represents the average
22employer's share of the cost of retiree coverage per
23participating employee in the State Employees Group Insurance
24Program.
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
2changing Section 4.01 as follows:
3 (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
4 Sec. 4.01. Additional powers and duties of the Department.
5In addition to powers and duties otherwise provided by law,
6the Department shall have the following powers and duties:
7 (1) To evaluate all programs, services, and facilities for
8the aged and for minority senior citizens within the State and
9determine the extent to which present public or private
10programs, services and facilities meet the needs of the aged.
11 (2) To coordinate and evaluate all programs, services, and
12facilities for the Aging and for minority senior citizens
13presently furnished by State agencies and make appropriate
14recommendations regarding such services, programs and
15facilities to the Governor and/or the General Assembly.
16 (2-a) To request, receive, and share information
17electronically through the use of data-sharing agreements for
18the purpose of (i) establishing and verifying the initial and
19continuing eligibility of older adults to participate in
20programs administered by the Department; (ii) maximizing
21federal financial participation in State assistance
22expenditures; and (iii) investigating allegations of fraud or
23other abuse of publicly funded benefits. Notwithstanding any
24other law to the contrary, but only for the limited purposes
25identified in the preceding sentence, this paragraph (2-a)

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1expressly authorizes the exchanges of income, identification,
2and other pertinent eligibility information by and among the
3Department and the Social Security Administration, the
4Department of Employment Security, the Department of
5Healthcare and Family Services, the Department of Human
6Services, the Department of Revenue, the Secretary of State,
7the U.S. Department of Veterans Affairs, and any other
8governmental entity. The confidentiality of information
9otherwise shall be maintained as required by law. In addition,
10the Department on Aging shall verify employment information at
11the request of a community care provider for the purpose of
12ensuring program integrity under the Community Care Program.
13 (3) To function as the sole State agency to develop a
14comprehensive plan to meet the needs of the State's senior
15citizens and the State's minority senior citizens.
16 (4) To receive and disburse State and federal funds made
17available directly to the Department including those funds
18made available under the Older Americans Act and the Senior
19Community Service Employment Program for providing services
20for senior citizens and minority senior citizens or for
21purposes related thereto, and shall develop and administer any
22State Plan for the Aging required by federal law.
23 (5) To solicit, accept, hold, and administer in behalf of
24the State any grants or legacies of money, securities, or
25property to the State of Illinois for services to senior
26citizens and minority senior citizens or purposes related

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1thereto.
2 (6) To provide consultation and assistance to communities,
3area agencies on aging, and groups developing local services
4for senior citizens and minority senior citizens.
5 (7) To promote community education regarding the problems
6of senior citizens and minority senior citizens through
7institutes, publications, radio, television and the local
8press.
9 (8) To cooperate with agencies of the federal government
10in studies and conferences designed to examine the needs of
11senior citizens and minority senior citizens and to prepare
12programs and facilities to meet those needs.
13 (9) To establish and maintain information and referral
14sources throughout the State when not provided by other
15agencies.
16 (10) To provide the staff support that may reasonably be
17required by the Council.
18 (11) To make and enforce rules and regulations necessary
19and proper to the performance of its duties.
20 (12) To establish and fund programs or projects or
21experimental facilities that are specially designed as
22alternatives to institutional care.
23 (13) To develop a training program to train the counselors
24presently employed by the Department's aging network to
25provide Medicare beneficiaries with counseling and advocacy in
26Medicare, private health insurance, and related health care

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1coverage plans. The Department shall report to the General
2Assembly on the implementation of the training program on or
3before December 1, 1986.
4 (14) To make a grant to an institution of higher learning
5to study the feasibility of establishing and implementing an
6affirmative action employment plan for the recruitment,
7hiring, training and retraining of persons 60 or more years
8old for jobs for which their employment would not be precluded
9by law.
10 (15) To present one award annually in each of the
11categories of community service, education, the performance
12and graphic arts, and the labor force to outstanding Illinois
13senior citizens and minority senior citizens in recognition of
14their individual contributions to either community service,
15education, the performance and graphic arts, or the labor
16force. The awards shall be presented to 4 senior citizens and
17minority senior citizens selected from a list of 44 nominees
18compiled annually by the Department. Nominations shall be
19solicited from senior citizens' service providers, area
20agencies on aging, senior citizens' centers, and senior
21citizens' organizations. The Department shall establish a
22central location within the State to be designated as the
23Senior Illinoisans Hall of Fame for the public display of all
24the annual awards, or replicas thereof.
25 (16) To establish multipurpose senior centers through area
26agencies on aging and to fund those new and existing

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1multipurpose senior centers through area agencies on aging,
2the establishment and funding to begin in such areas of the
3State as the Department shall designate by rule and as
4specifically appropriated funds become available.
5 (17) (Blank).
6 (18) To develop a pamphlet in English and Spanish which
7may be used by physicians licensed to practice medicine in all
8of its branches pursuant to the Medical Practice Act of 1987,
9pharmacists licensed pursuant to the Pharmacy Practice Act,
10and Illinois residents 65 years of age or older for the purpose
11of assisting physicians, pharmacists, and patients in
12monitoring prescriptions provided by various physicians and to
13aid persons 65 years of age or older in complying with
14directions for proper use of pharmaceutical prescriptions. The
15pamphlet may provide space for recording information including
16but 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
25with the Illinois State Medical Society, the Center for
26Minority Health Services, the Illinois Pharmacists Association

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1and senior citizens organizations. The Department shall
2distribute the pamphlets to physicians, pharmacists and
3persons 65 years of age or older or various senior citizen
4organizations throughout the State.
5 (19) To conduct a study of the feasibility of implementing
6the Senior Companion Program throughout the State.
7 (20) The reimbursement rates paid through the community
8care program for chore housekeeping services and home care
9aides shall be the same.
10 (21) (Blank). From funds appropriated to the Department
11from the Meals on Wheels Fund, a special fund in the State
12treasury that is hereby created, and in accordance with State
13and federal guidelines and the intrastate funding formula, to
14make grants to area agencies on aging, designated by the
15Department, for the sole purpose of delivering meals to
16homebound persons 60 years of age and older.
17 (22) To distribute, through its area agencies on aging,
18information alerting seniors on safety issues regarding
19emergency weather conditions, including extreme heat and cold,
20flooding, tornadoes, electrical storms, and other severe storm
21weather. The information shall include all necessary
22instructions for safety and all emergency telephone numbers of
23organizations that will provide additional information and
24assistance.
25 (23) To develop guidelines for the organization and
26implementation of Volunteer Services Credit Programs to be

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1administered by Area Agencies on Aging or community based
2senior service organizations. The Department shall hold public
3hearings on the proposed guidelines for public comment,
4suggestion, and determination of public interest. The
5guidelines shall be based on the findings of other states and
6of community organizations in Illinois that are currently
7operating volunteer services credit programs or demonstration
8volunteer services credit programs. The Department shall offer
9guidelines for all aspects of the programs including, but not
10limited 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.
2The Department shall submit a written copy of the guidelines
3to the General Assembly by July 1, 1998.
4 (24) To function as the sole State agency to receive and
5disburse State and federal funds for providing adult
6protective services in a domestic living situation in
7accordance with the Adult Protective Services Act.
8 (25) To hold conferences, trainings, and other programs
9for which the Department shall determine by rule a reasonable
10fee to cover related administrative costs. Rules to implement
11the fee authority granted by this paragraph (25) must be
12adopted in accordance with all provisions of the Illinois
13Administrative Procedure Act and all rules and procedures of
14the Joint Committee on Administrative Rules; any purported
15rule 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,
17eff. 8-16-13; 98-756, eff. 7-16-14; 99-331, eff. 1-1-16.)
18 Section 5-15. The Renewable Energy, Energy Efficiency, and
19Coal Resources Development Law of 1997 is amended by changing
20Section 6-3 as follows:
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
2Renewable Energy Resources Program to provide grants, loans,
3and other incentives to foster investment in and the
4development and use of renewable energy resources.
5 (b) The Agency may, by administrative rule, establish and
6adjust eligibility criteria for grants, loans, and other
7incentives to foster investment in and the development and use
8of renewable energy resources. The criteria should promote the
9goal of fostering investment in and the development and use,
10in Illinois, of renewable energy resources.
11 (c) The Agency may accept applications for grants, loans,
12and other incentives to foster investment in and the
13development and use of renewable energy resources.
14 (d) To the extent that funds are available and
15appropriated, the Agency shall provide grants, loans, and
16other incentives to applicants that meet the criteria
17specified by the Agency.
18 (e) (Blank).
19 (f) As used in this Law, "renewable energy resources"
20includes energy from wind, solar thermal energy, photovoltaic
21cells and panels, dedicated crops grown for energy production
22and organic waste biomass, hydropower that does not involve
23new construction or significant expansion of hydropower dams,
24and other such alternative sources of environmentally
25preferable energy. "Renewable energy resources" does not
26include, however, energy from the incineration or burning of

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1waste wood, tires, garbage, general household, institutional
2and commercial waste, industrial lunchroom or office waste,
3landscape waste, or construction or demolition debris.
4 (g) (Blank). There is created the Energy Efficiency
5Investment Fund as a special fund in the State Treasury, to be
6administered by the Agency to support the development of
7technologies for wind, biomass, and solar power in Illinois.
8The Agency may accept private and public funds, including
9federal funds, for deposit into the Fund.
10(Source: P.A. 102-444, eff. 8-20-21.)
11 (20 ILCS 1135/Act rep.)
12 Section 5-20. The Superconducting Super Collider Act is
13repealed.
14 Section 5-25. The Illinois Commission on Volunteerism and
15Community Service Act is amended by changing Section 4.5 as
16follows:
17 (20 ILCS 1345/4.5)
18 Sec. 4.5. Serve Illinois Commission Fund; creation. The
19Serve Illinois Commission Fund is created as a special fund in
20the State treasury. All federal grant moneys awarded in
21support of the activities authorized under this Act to the
22Department of Human Services or the Commission may be
23deposited into the Serve Illinois Commission Fund. In addition

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1to federal grant moneys, the Department and the Commission may
2accept and deposit into the Serve Illinois Commission Fund any
3other funds, grants, gifts, and bequests from any source,
4public or private, in support of the activities authorized
5under this Act. Appropriations from the Serve Illinois
6Commission Fund shall be used for operations, grants, and
7other purposes as authorized by this Act. Upon written
8notification by the Secretary of Human Services, the State
9Comptroller shall direct and the State Treasurer shall
10transfer any remaining balance in the Federal National
11Community Services Grant Fund to the Serve Illinois Commission
12Fund.
13(Source: P.A. 102-699, eff. 4-19-22.)
14 Section 5-30. The Mental Health and Developmental
15Disabilities Administrative Act is amended by changing
16Sections 18.4 and 18.5 as follows:
17 (20 ILCS 1705/18.4)
18 Sec. 18.4. Community Mental Health Medicaid Trust Fund;
19reimbursement.
20 (a) The Community Mental Health Medicaid Trust Fund is
21hereby created in the State Treasury.
22 (b) Amounts paid to the State during each State fiscal
23year by the federal government under Title XIX or Title XXI of
24the Social Security Act for services delivered by community

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1mental health providers, and any interest earned thereon,
2shall be deposited 100% into the Community Mental Health
3Medicaid Trust Fund. Not more than $4,500,000 of the Community
4Mental Health Medicaid Trust Fund may be used by the
5Department of Human Services' Division of Mental Health for
6oversight and administration of community mental health
7services, and of that amount no more than $1,000,000 may be
8used for the support of community mental health service
9initiatives. The remainder shall be used for the purchase of
10community mental health services.
11 (b-5) Whenever a State mental health facility operated by
12the Department is closed and the real estate on which the
13facility is located is sold by the State, the net proceeds of
14the sale of the real estate shall be deposited into the
15Community Mental Health Medicaid Trust Fund and used for the
16purposes enumerated in subsections (c) and (c-1) of Section
174.6 of the Community Services Act; however, under subsection
18(e) of Section 4.6 of the Community Services Act, the
19Department may set aside a portion of the net proceeds of the
20sale of the real estate for deposit into the Human Services
21Priority Capital Program Fund. The portion set aside shall be
22used for the purposes enumerated in Section 6z-71 of the State
23Finance Act.
24 (c) The Department shall reimburse community mental health
25providers for services provided to eligible individuals.
26Moneys 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
2not subject to administrative charge-backs.
3 (c-10) The Department of Human Services shall annually
4report to the Governor and the General Assembly, by September
51, on both the total revenue deposited into the Trust Fund and
6the total expenditures made from the Trust Fund for the
7previous fiscal year. This report shall include detailed
8descriptions of both revenues and expenditures regarding the
9Trust Fund from the previous fiscal year. This report shall be
10presented by the Secretary of Human Services to the
11appropriate Appropriations Committee in the House of
12Representatives, as determined by the Speaker of the House,
13and in the Senate, as determined by the President of the
14Senate. This report shall be made available to the public and
15shall be published on the Department of Human Services'
16website in an appropriate location, a minimum of one week
17prior 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
20Trust Fund.
21 "Community mental health provider" means a community
22agency that is funded by the Department to provide a service.
23 "Service" means a mental health service provided pursuant
24to the provisions of administrative rules adopted by the
25Department and funded by or claimed through the Department of
26Human Services' Division of Mental Health.

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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
4Medicaid Trust Fund; reimbursement.
5 (a) The Community Developmental Disability Services
6Medicaid Trust Fund is hereby created in the State treasury.
7 (b) Beginning in State fiscal year 2019, funds in any
8fiscal year in amounts not exceeding a total of $60,000,000
9paid to the State by the federal government under Title XIX or
10Title XXI of the Social Security Act for services delivered by
11community developmental disability services providers shall be
12deposited into the Community Developmental Disability Services
13Medicaid Trust Fund to pay for Medicaid-reimbursed community
14developmental disability services provided to eligible
15individuals.
16 (b-5) (Blank).
17 (b-7) The Community Developmental Disability Services
18Medicaid Trust Fund is not subject to administrative
19charge-backs.
20 (b-9) (Blank).
21 (b-10) Whenever a State developmental disabilities
22facility operated by the Department is closed and the real
23estate on which the facility is located is sold by the State,
24the net proceeds of the sale of the real estate shall be
25deposited into the Community Developmental Disability Services

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1Medicaid Trust Fund and used for the purposes enumerated in
2subsections (c) and (d) of Section 4.6 of the Community
3Services Act; however, under subsection (e) of Section 4.6 of
4the Community Services Act, the Department may set aside a
5portion of the net proceeds of the sale of the real estate for
6deposit into the Human Services Priority Capital Program Fund.
7The portion set aside shall be used for the purposes
8enumerated in Section 6z-71 of the State Finance Act.
9 (c) For purposes of this Section:
10 "Trust Fund" means the Community Developmental Disability
11Services Medicaid Trust Fund.
12 "Medicaid-reimbursed developmental disability services"
13means services provided by a community developmental
14disability provider under an agreement with the Department
15that is eligible for reimbursement under the federal Title XIX
16program or Title XXI program.
17 "Provider" means a qualified entity as defined in the
18State's Home and Community-Based Services Waiver for Persons
19with Developmental Disabilities that is funded by the
20Department 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
23changing Section 2.7 as follows:
24 (20 ILCS 2905/2.7)

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1 Sec. 2.7. Small Fire-fighting and Ambulance Service
2Equipment Grant Program.
3 (a) The Office shall establish and administer a Small
4Fire-fighting and Ambulance Service Equipment Grant Program to
5award grants to fire departments, fire protection districts,
6and volunteer, non-profit, stand alone ambulance services for
7the purchase of small fire-fighting and ambulance equipment.
8 (b) (Blank).
9 (b-1) (Blank). The Fire Service and Small Equipment Fund
10is dissolved. Any moneys remaining in the Fund on the
11effective date of this amendatory Act of the 97th General
12Assembly shall be transferred to the Fire Prevention Fund.
13 (c) As used in this Section, "small fire-fighting and
14ambulance equipment" includes, without limitation, turnout
15gear, air packs, thermal imaging cameras, jaws of life,
16defibrillators, communications equipment, including but not
17limited to pagers and radios, and other fire-fighting or life
18saving equipment, as determined by the State Fire Marshal.
19 (d) The Office shall adopt any rules necessary for the
20implementation 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
23changing Section 16 as follows:
24 (20 ILCS 3405/16) (from Ch. 127, par. 2716)

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1 Sec. 16. The Department shall have the following
2additional 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

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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.

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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

HB5601- 24 -LRB103 38592 MXP 68728 b
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

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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.

HB5601- 26 -LRB103 38592 MXP 68728 b
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

HB5601- 27 -LRB103 38592 MXP 68728 b
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

HB5601- 28 -LRB103 38592 MXP 68728 b
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
17Resources Protection Act is amended by changing Section 5 as
18follows:
19 (20 ILCS 3435/5) (from Ch. 127, par. 133c5)
20 Sec. 5. Penalties. Any violation of Section 3 not
21involving the disturbance of human remains is a Class A
22misdemeanor and the violator shall also be subject to a fine
23not in excess of $5,000; any subsequent violation is a Class 4
24felony. Any violation of Section 3 involving disturbance of

HB5601- 29 -LRB103 38592 MXP 68728 b
1human remains is a Class 4 felony. Each disturbance of an
2archaeological site or a paleontological site shall constitute
3a single offense. Persons convicted of a violation of Section
43 shall also be ordered to pay restitution. Such restitution
5is to be assessed by the circuit court. Restitution may
6include, 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
21by the Attorney General, all restitution shall be deposited
22into the Illinois Historic Sites Fund; when restitution is
23ordered in a case that is prosecuted by the State's Attorney,
24the proceeds shall be deposited into the county fund
25designated by the county board.
26(Source: P.A. 103-446, eff. 8-4-23.)

HB5601- 30 -LRB103 38592 MXP 68728 b
1 Section 5-50. The State Finance Act is amended by changing
2Sections 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
6designated as specified in the Sections which succeed this
7Section 5 and precede Section 5d 6.
8 (b) Except as provided in the Illinois Vehicle Hijacking
9and Motor Vehicle Theft Prevention and Insurance Verification
10Act, when any special fund in the State Treasury is
11discontinued by an Act of the General Assembly, any balance
12remaining therein on the effective date of such Act shall be
13transferred to the General Revenue Fund, or to such other fund
14as such Act shall provide. Warrants outstanding against such
15discontinued fund at the time of the transfer of any such
16balance therein shall be paid out of the fund to which the
17transfer was made.
18 (c) When any special fund in the State Treasury has been
19inactive for 18 months or longer, the Comptroller may
20terminate the fund, and the balance remaining in such fund
21shall be transferred by the Comptroller to the General Revenue
22Fund. When a special fund has been terminated by the
23Comptroller as provided in this Section, the General Assembly
24shall repeal or amend all Sections of the statutes creating or

HB5601- 31 -LRB103 38592 MXP 68728 b
1otherwise referring to that fund.
2 The Comptroller shall be allowed the discretion to
3maintain or dissolve any federal trust fund which has been
4inactive 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
11known as the State Police Operations Assistance Fund. The Fund
12shall receive revenue under the Criminal and Traffic
13Assessment Act. The Fund may also receive revenue from grants,
14donations, appropriations, and any other legal source.
15 (a-5) (Blank). This Fund may charge, collect, and receive
16fees or moneys as described in Section 15-312 of the Illinois
17Vehicle Code, and receive all fees received by the Illinois
18State Police under that Section. The moneys shall be used by
19the Illinois State Police for its expenses in providing police
20escorts and commercial vehicle enforcement activities.
21 (b) The Illinois State Police may use moneys in the Fund to
22finance any of its lawful purposes or functions.
23 (c) Expenditures may be made from the Fund only as
24appropriated by the General Assembly by law.
25 (d) Investment income that is attributable to the

HB5601- 32 -LRB103 38592 MXP 68728 b
1investment of moneys in the Fund shall be retained in the Fund
2for the uses specified in this Section.
3 (e) The State Police Operations Assistance Fund shall not
4be subject to administrative chargebacks.
5 (f) (Blank).
6 (g) (Blank).
7 (h) (Blank). Notwithstanding any other provision of law,
8in addition to any other transfers that may be provided by law,
9on the effective date of this amendatory Act of the 103rd
10General Assembly, or as soon thereafter as practical, the
11State Comptroller shall direct and the State Treasurer shall
12transfer the remaining balance from the State Police
13Streetgang-Related Crime Fund to the State Police Operations
14Assistance Fund. Upon completion of the transfers, the State
15Police Streetgang-Related Crime Fund is dissolved, and any
16future deposits into the State Police Streetgang-Related Crime
17Fund and any outstanding obligations or liabilities of the
18State Police Streetgang-Related Crime Fund pass to the State
19Police Operations Assistance Fund.
20(Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;
21102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-34, eff.
226-9-23; 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
25surplus or transferable property by the Department of Central

HB5601- 33 -LRB103 38592 MXP 68728 b
1Management Services, and for all other expenses incident to
2the handling, transportation, maintenance and storage of such
3surplus property, including personal services and contractual
4services connected therewith and for expenses incident to the
5establishment and operation of wastepaper recycling programs
6by the Department, are payable from the State Surplus Property
7Revolving Fund through the end of State fiscal year 2020, and
8shall be payable from the General Revenue Fund beginning in
9State 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
17repealing 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
22is repealed.

HB5601- 34 -LRB103 38592 MXP 68728 b
1 (30 ILCS 190/Act rep.)
2 Section 5-70. The Cash Management and Medicaid
3Maximization Act of 2011 is repealed.
4 Section 5-75. The Federal Commodity Disbursement Act is
5amended 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
8who or which shall be designated by the Governor as the State
9Agency for Surplus Property Utilization is authorized to
10promulgate regulations for the carrying out of its
11distribution of surplus funds and commodities. All fees and
12moneys collected or received by the employees or agents of the
13State officer or agency who or which is designated as the
14receiving agency shall be deposited into the General Revenue
15Fund paid or turned over to and held by the State Treasurer as
16ex officio custodian thereof separate and apart from all
17public funds or moneys of this State and shall be known as the
18Federal account of the State Surplus Property Revolving Fund,
19to be administered by the designated State officer or agency.
20All disbursements from this fund shall be made only upon
21warrants of the State Comptroller drawn upon the Treasurer as
22custodian of this fund upon vouchers signed by the designated
23State officer or agency, and the Comptroller is hereby
24authorized to draw such warrants upon vouchers so signed. The

HB5601- 35 -LRB103 38592 MXP 68728 b
1Treasurer shall accept all warrants so signed and shall be
2released 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
6repealing Article 2.
7 Section 5-85. The School Code is amended by changing
8Section 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
12shall be taught and be required to study courses which include
13instruction in the area of consumer education, including but
14not necessarily limited to (i) understanding the basic
15concepts of financial literacy, including consumer debt and
16installment purchasing (including credit scoring, managing
17credit debt, and completing a loan application), budgeting,
18savings and investing, banking (including balancing a
19checkbook, opening a deposit account, and the use of interest
20rates), understanding simple contracts, State and federal
21income taxes, personal insurance policies, the comparison of
22prices, higher education student loans, identity-theft
23security, and homeownership (including the basic process of

HB5601- 36 -LRB103 38592 MXP 68728 b
1obtaining a mortgage and the concepts of fixed and adjustable
2rate mortgages, subprime loans, and predatory lending), and
3(ii) understanding the roles of consumers interacting with
4agriculture, business, labor unions and government in
5formulating and achieving the goals of the mixed free
6enterprise system. The State Board of Education shall devise
7or approve the consumer education curriculum for grades 9
8through 12 and specify the minimum amount of instruction to be
9devoted thereto.
10 (b) (Blank).
11 (c) (Blank). The Financial Literacy Fund is created as a
12special fund in the State treasury. State funds and private
13contributions for the promotion of financial literacy shall be
14deposited into the Financial Literacy Fund. All money in the
15Financial Literacy Fund shall be used, subject to
16appropriation, by the State Board of Education to award grants
17to 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

HB5601- 37 -LRB103 38592 MXP 68728 b
1 trips, computers, and other activities, related to
2 financial literacy education.
3 In awarding grants, every effort must be made to ensure
4that all geographic areas of the State are represented.
5 (d) A school board may establish a special fund in which to
6receive public funds and private contributions for the
7promotion of financial literacy. Money in the fund shall be
8used 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
21comprehensive review of the Illinois Learning Standards, is
22urged to include the basic principles of personal insurance
23policies and understanding simple contracts.
24(Source: P.A. 99-284, eff. 8-5-15.)
25 Section 5-90. The Community Association Manager Licensing

HB5601- 38 -LRB103 38592 MXP 68728 b
1and Disciplinary Act is amended by changing Section 65 as
2follows:
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
7this Act, including, but not limited to, initial licensure,
8renewal, and restoration, shall be set by rule of the
9Department. The fees shall be nonrefundable.
10 (b) In addition to the application fee, applicants for the
11examination are required to pay, either to the Department or
12the designated testing service, a fee covering the cost of
13determining an applicant's eligibility and providing the
14examination. Failure to appear for the examination on the
15scheduled date, at the time and place specified, after the
16applicant's application and fee for examination have been
17received and acknowledged by the Department or the designated
18testing service, shall result in the forfeiture of the fee.
19 (c) All Prior to July 1, 2023, all fees, fines, penalties,
20or other monies received or collected pursuant to this Act
21shall be deposited in the Community Association Manager
22Licensing and Disciplinary Fund. Beginning on July 1, 2023,
23all fees, fines, penalties, or other monies received or
24collected pursuant to this Act shall be deposited in the
25Division of Real Estate General Fund.

HB5601- 39 -LRB103 38592 MXP 68728 b
1 (d) Moneys in the Community Association Manager Licensing
2and Disciplinary Fund and the Division of Real Estate General
3Fund may be transferred to the Professions Indirect Cost Fund,
4as authorized under Section 2105-300 of the Department of
5Professional Regulation Law of the Civil Administrative Code
6of Illinois.
7 (e) (Blank). Notwithstanding any other provision of law,
8in addition to any other transfers that may be provided by law,
9on July 1, 2023, or as soon thereafter as practical, the State
10Comptroller shall direct and the State Treasurer shall
11transfer the remaining balance from the Community Association
12Manager Licensing and Disciplinary Fund into the Division of
13Real Estate General Fund. Upon completion of the transfer, the
14Community Association Manager Licensing and Disciplinary Fund
15is dissolved, and any future deposits due to that Fund and any
16outstanding obligations or liabilities of that Fund pass to
17the 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
20changing 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

HB5601- 40 -LRB103 38592 MXP 68728 b
1to practice, or holds oneself out to practice home inspection
2or as a home inspector without being licensed under this Act
3shall, in addition to any other penalty provided by law, pay a
4civil penalty to the Department in an amount not to exceed
5$25,000 for each violation of this Act as determined by the
6Department. The civil penalty shall be assessed by the
7Department after a hearing is held in accordance with the
8provisions of this Act.
9 (b) The Department has the authority and power to
10investigate any unlicensed activity.
11 (c) A civil penalty shall be paid within 60 days after the
12effective date of the order imposing the civil penalty. The
13Department may petition the circuit court for a judgment to
14enforce the collection of the penalty. Any Prior to July 1,
152023, any civil penalties collected under this Act shall be
16made payable to the Department and deposited into the Home
17Inspector Administration Fund. Beginning on July 1, 2023, any
18civil penalties collected under this Act shall be made payable
19to the Department and deposited into the Division of Real
20Estate 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;
25surcharge.

HB5601- 41 -LRB103 38592 MXP 68728 b
1 (a) (Blank). The Home Inspector Administration Fund is
2created as a special fund in the State Treasury. Prior to July
31, 2023, all fees, fines, and penalties received by the
4Department under this Act shall be deposited into the Home
5Inspector Administration Fund. All earnings attributable to
6investment of funds in the Home Inspector Administration Fund
7shall be credited to the Home Inspector Administration Fund.
8Subject to appropriation, the moneys in the Home Inspector
9Administration Fund shall be appropriated to the Department
10for the expenses incurred by the Department in the
11administration of this Act.
12 (a-5) The Division of Real Estate General Fund is created
13as a special fund in the State Treasury. All Beginning on July
141, 2023, all fees, fines, and penalties received by the
15Department under this Act shall be deposited into the Division
16of Real Estate General Fund. All earnings attributable to
17investment of funds in the Division of Real Estate General
18Fund shall be credited to the Division of Real Estate General
19Fund. Subject to appropriation, the moneys in the Division of
20Real Estate General Fund shall be appropriated to the
21Department for the expenses incurred by the Department in the
22administration of this Act.
23 (b) (Blank).
24 (c) (Blank).
25 (c-5) Moneys in the Home Inspection Administration Fund
26and the Division of Real Estate General Fund may be

HB5601- 42 -LRB103 38592 MXP 68728 b
1transferred to the Professions Indirect Cost Fund, as
2authorized under Section 2105-300 of the Department of
3Professional Regulation Law of the Civil Administrative Code
4of Illinois.
5 (d) Upon the completion of any audit of the Department, as
6prescribed by the Illinois State Auditing Act, that includes
7an audit of the Home Inspector Administration Fund or the
8Division of Real Estate General Fund, the Department shall
9make the audit report open to inspection by any interested
10person.
11 (e) (Blank). Notwithstanding any other provision of law,
12in addition to any other transfers that may be provided by law,
13on July 1, 2023, or as soon thereafter as practical, the State
14Comptroller shall direct and the State Treasurer shall
15transfer the remaining balance from the Home Inspector
16Administration Fund into the Division of Real Estate General
17Fund. Upon completion of the transfer, the Home Inspector
18Administration Fund is dissolved, and any future deposits due
19to that Fund and any outstanding obligations or liabilities of
20that 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
23amended by changing Sections 3 and 7 as follows:
24 (310 ILCS 65/3) (from Ch. 67 1/2, par. 1253)

HB5601- 43 -LRB103 38592 MXP 68728 b
1 Sec. 3. Definitions. As used in this Act:
2 (a) "Program" means the Illinois Affordable Housing
3Program.
4 (b) "Trust Fund" means the Illinois Affordable Housing
5Trust Fund.
6 (b-5) (Blank). "Capital Fund" means the Illinois
7Affordable Housing Capital Fund.
8 (c) "Low-income household" means a single person, family
9or unrelated persons living together whose adjusted income is
10more than 50%, but less than 80%, of the median income of the
11area of residence, adjusted for family size, as such adjusted
12income and median income for the area are determined from time
13to time by the United States Department of Housing and Urban
14Development for purposes of Section 8 of the United States
15Housing Act of 1937.
16 (d) "Very low-income household" means a single person,
17family or unrelated persons living together whose adjusted
18income is not more than 50% of the median income of the area of
19residence, adjusted for family size, as such adjusted income
20and median income for the area are determined from time to time
21by the United States Department of Housing and Urban
22Development for purposes of Section 8 of the United States
23Housing Act of 1937.
24 (e) "Affordable housing" means residential housing that,
25so long as the same is occupied by low-income households or
26very low-income households, requires payment of monthly

HB5601- 44 -LRB103 38592 MXP 68728 b
1housing costs, including utilities other than telephone, of no
2more than 30% of the maximum allowable income as stated for
3such households as defined in this Section.
4 (f) "Multi-family housing" means a building or buildings
5providing housing to 5 or more households.
6 (g) "Single-family housing" means a building containing
7one to 4 dwelling units, including a mobile home as defined in
8subsection (b) of Section 3 of the Mobile Home Landlord and
9Tenant Rights Act, as amended.
10 (h) "Community-based organization" means a not-for-profit
11entity whose governing body includes a majority of members who
12reside in the community served by the organization.
13 (i) "Advocacy organization" means a not-for-profit
14organization which conducts, in part or in whole, activities
15to influence public policy on behalf of low-income or very
16low-income households.
17 (j) "Program Administrator" means the Illinois Housing
18Development Authority.
19 (k) "Funding Agent" means the Illinois Department of Human
20Services.
21 (l) "Commission" means the Affordable Housing Advisory
22Commission.
23 (m) "Congregate housing" means a building or structure in
24which 2 or more households, inclusive, share common living
25areas and may share child care, cleaning, cooking and other
26household responsibilities.

HB5601- 45 -LRB103 38592 MXP 68728 b
1 (n) "Eligible applicant" means a proprietorship,
2partnership, for-profit corporation, not-for-profit
3corporation or unit of local government which seeks to use
4fund assets as provided in this Article.
5 (o) "Moderate income household" means a single person,
6family or unrelated persons living together whose adjusted
7income is more than 80% but less than 120% of the median income
8of the area of residence, adjusted for family size, as such
9adjusted income and median income for the area are determined
10from time to time by the United States Department of Housing
11and Urban Development for purposes of Section 8 of the United
12States Housing Act of 1937.
13 (p) "Affordable Housing Program Trust Fund Bonds or Notes"
14means the bonds or notes issued by the Program Administrator
15under the Illinois Housing Development Act to further the
16purposes of this Act.
17 (q) "Trust Fund Moneys" means all moneys, deposits,
18revenues, income, interest, dividends, receipts, taxes,
19proceeds and other amounts or funds deposited or to be
20deposited into the Trust Fund pursuant to subsection (b) of
21Section 5(b) of this Act and any proceeds, investments or
22increase thereof.
23 (r) "Program Escrow" means accounts, except those accounts
24relating to any Affordable Housing Program Trust Fund Bonds or
25Notes, designated by the Program Administrator, into which
26Trust Fund Moneys are deposited.

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1 (s) "Common household pet" means a domesticated animal,
2such as a dog (canis lupus familiaris) or cat (felis catus),
3which is commonly kept in the home for pleasure rather than for
4commercial 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
8Administrator, in addition to the powers set forth in the
9Illinois Housing Development Act and the powers identified in
10Sections 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

HB5601- 47 -LRB103 38592 MXP 68728 b
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

HB5601- 48 -LRB103 38592 MXP 68728 b
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

HB5601- 49 -LRB103 38592 MXP 68728 b
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.)

HB5601- 50 -LRB103 38592 MXP 68728 b
1 Section 5-105. The Illinois Affordable Housing Act is
2amended by repealing Sections 5.5 and 8.5.
3 (410 ILCS 315/2b rep.)
4 Section 5-110. The Communicable Disease Prevention Act is
5amended by repealing Section 2b.
6 Section 5-115. The Environmental Protection Act is amended
7by 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
12loan program to be known as the "Brownfields Redevelopment
13Loan Program" for the purpose of providing loans to be used for
14site investigation, site remediation, or both, at brownfields
15sites. All principal, interest, and penalty payments from
16loans made under this subsection (A) shall be deposited into
17the Brownfields Redevelopment Fund and reused in accordance
18with 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).

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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

HB5601- 52 -LRB103 38592 MXP 68728 b
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
7contracts or agreements that may be necessary to carry out its
8duties or responsibilities under this subsection (A). The
9Agency shall have the authority to promulgate regulations
10setting forth procedures and criteria for administering the
11Brownfields Redevelopment Loan Program. The regulations
12promulgated by the Agency for loans under this subsection (A)
13shall include, but need not be limited to, the following
14elements:
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,

HB5601- 53 -LRB103 38592 MXP 68728 b
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
25used as a source of revenue or security for the principal and
26interest on revenue or general obligation bonds issued by the

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1State or any political subdivision or instrumentality thereof,
2if 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
5program for the payment of remediation costs to be known as the
6Brownfields Site Restoration Program. The Agency, through the
7Program, shall provide Remediation Applicants with financial
8assistance for the investigation and remediation of abandoned
9or underutilized properties. The investigation and remediation
10shall be performed in accordance with this Title XVII of this
11Act.
12 (2) For each State fiscal year in which funds are made
13available to the Agency for payment under this subsection (B),
14the Agency must, subject to the availability of funds,
15allocate 20% of the funds to be available to Remediation
16Applicants within counties with populations over 2,000,000.
17The remaining funds must be made available to all other
18Remediation 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
21incurred at a remediation site. Eligibility must be determined
22based on a minimum capital investment in the redevelopment of
23the site, and payment amounts must not exceed the net economic
24benefit to the State of the remediation project. In addition
25to these limitations, the total payment to be made to an

HB5601- 55 -LRB103 38592 MXP 68728 b
1applicant must not exceed an amount equal to 20% of the capital
2investment at the site.
3 (4) Only those remediation projects for which a No
4Further Remediation Letter is issued by the Agency after
5December 31, 2001 are eligible to participate in the
6Brownfields Site Restoration Program. The program does not
7apply to any sites that have received a No Further Remediation
8Letter prior to December 31, 2001 or for costs incurred prior
9to the Agency approving a site eligible for the Brownfields
10Site Restoration Program.
11 (5) Brownfields Site Restoration Program funds shall
12be subject to availability of funding and distributed based on
13the order of receipt of applications satisfying all
14requirements as set forth in this Section.
15 (b) Prior to applying to the Agency for payment, a
16Remediation Applicant shall first submit to the Agency its
17proposed remediation costs. The Agency shall make a
18pre-application assessment, which is not to be binding upon
19future review of the project, relating only to whether the
20Agency has adequate funding to reimburse the applicant for the
21remediation costs if the applicant is found to be eligible for
22reimbursement of remediation costs. If the Agency determines
23that it is likely to have adequate funding to reimburse the
24applicant for remediation costs, the Remediation Applicant may
25then submit to the Agency an application for review of
26eligibility. The Agency must review the eligibility

HB5601- 56 -LRB103 38592 MXP 68728 b
1application to determine whether the Remediation Applicant is
2eligible for the payment. The application must be on forms
3prescribed and provided by the Agency. At a minimum, the
4application 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

HB5601- 57 -LRB103 38592 MXP 68728 b
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
17Agency under this subsection (B) is $1,000 for each site
18reviewed. The application fee must be made payable to the
19Agency for deposit into the Brownfields Redevelopment Fund.
20These application fees shall be used by the Agency for
21administrative expenses incurred under this subsection (B).
22 (d) Within 60 days after receipt by the Agency of an
23application meeting the requirements of subdivision (B)(b),
24the Agency must issue a letter to the applicant approving the
25application, approving the application with modifications, or
26disapproving the application. If the application is approved

HB5601- 58 -LRB103 38592 MXP 68728 b
1or approved with modifications, the Agency's letter must also
2include its determination of the "net economic benefit" of the
3remediation project and the maximum amount of the payment to
4be made available to the applicant for remediation costs. The
5payment by the Agency under this subsection (B) must not
6exceed the "net economic benefit" of the remediation project.
7 (e) An application for a review of remediation costs must
8not be submitted to the Agency unless the Agency has
9determined the Remediation Applicant is eligible under
10subdivision (B)(d). If the Agency has determined that a
11Remediation Applicant is eligible under subdivision (B)(d),
12the Remediation Applicant may submit an application for
13payment to the Agency under this subsection (B). Except as
14provided in subdivision (B)(f), an application for review of
15remediation costs must not be submitted until a No Further
16Remediation Letter has been issued by the Agency and recorded
17in the chain of title for the site in accordance with Section
1858.10. The Agency must review the application to determine
19whether the costs submitted are remediation costs and whether
20the costs incurred are reasonable. The application must be on
21forms prescribed and provided by the Agency. At a minimum, the
22application 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.

HB5601- 59 -LRB103 38592 MXP 68728 b
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

HB5601- 60 -LRB103 38592 MXP 68728 b
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
6submitted to the Agency prior to the issuance of a No Further
7Remediation Letter if the Remediation Applicant has a Remedial
8Action Plan approved by the Agency under the terms of which the
9Remediation Applicant will remediate groundwater for more than
10one year. The Agency must review the application to determine
11whether the costs submitted are remediation costs and whether
12the costs incurred are reasonable. The application must be on
13forms prescribed and provided by the Agency. At a minimum, the
14application 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

HB5601- 61 -LRB103 38592 MXP 68728 b
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
20subdivision (B)(f), until the Agency issues a No Further
21Remediation Letter for the site, no more than 75% of the
22allowed payment may be claimed by the Remediation Applicant.
23The remaining 25% may be claimed following the issuance by the
24Agency of a No Further Remediation Letter for the site. For a
25Remediation Applicant seeking a payment under subdivision
26(B)(e), until the Agency issues a No Further Remediation

HB5601- 62 -LRB103 38592 MXP 68728 b
1Letter for the site, no payment may be claimed by the
2Remediation Applicant.
3 (h)(1) Within 60 days after receipt by the Agency of
4an application meeting the requirements of subdivision (B)(e)
5or (B)(f), the Agency must issue a letter to the applicant
6approving, disapproving, or modifying the remediation costs
7submitted in the application. If an application is disapproved
8or approved with modification of remediation costs, then the
9Agency's letter must set forth the reasons for the disapproval
10or modification.
11 (2) If a preliminary review of a budget plan has been
12obtained under subdivision (B)(i), the Remediation Applicant
13may submit, with the application and supporting documentation
14under subdivision (B)(e) or (B)(f), a copy of the Agency's
15final determination accompanied by a certification that the
16actual remediation costs incurred for the development and
17implementation of the Remedial Action Plan are equal to or
18less than the costs approved in the Agency's final
19determination on the budget plan. The certification must be
20signed by the Remediation Applicant and notarized. Based on
21that submission, the Agency is not required to conduct further
22review of the costs incurred for development and
23implementation of the Remedial Action Plan and may approve
24costs as submitted.
25 (3) Within 35 days after receipt of an Agency letter
26disapproving or modifying an application for approval of

HB5601- 63 -LRB103 38592 MXP 68728 b
1remediation costs, the Remediation Applicant may appeal the
2Agency's decision to the Board in the manner provided for the
3review of permits in Section 40 of this Act.
4 (i)(1) A Remediation Applicant may obtain a
5preliminary review of estimated remediation costs for the
6development and implementation of the Remedial Action Plan by
7submitting a budget plan along with the Remedial Action Plan.
8The budget plan must be set forth on forms prescribed and
9provided by the Agency and must include, but is not limited to,
10line item estimates of the costs associated with each line
11item (such as personnel, equipment, and materials) that the
12Remediation Applicant anticipates will be incurred for the
13development and implementation of the Remedial Action Plan.
14The Agency must review the budget plan along with the Remedial
15Action Plan to determine whether the estimated costs submitted
16are remediation costs and whether the costs estimated for the
17activities are reasonable.
18 (2) If the Remedial Action Plan is amended by the
19Remediation Applicant or as a result of Agency action, the
20corresponding budget plan must be revised accordingly and
21resubmitted for Agency review.
22 (3) The budget plan must be accompanied by the
23applicable fee as set forth in subdivision (B)(j).
24 (4) Submittal of a budget plan must be deemed an
25automatic 60-day waiver of the Remedial Action Plan review
26deadlines set forth in this subsection (B) and rules adopted

HB5601- 64 -LRB103 38592 MXP 68728 b
1under this subsection (B).
2 (5) Within the applicable period of review, the Agency
3must issue a letter to the Remediation Applicant approving,
4disapproving, or modifying the estimated remediation costs
5submitted in the budget plan. If a budget plan is disapproved
6or approved with modification of estimated remediation costs,
7the Agency's letter must set forth the reasons for the
8disapproval or modification.
9 (6) Within 35 days after receipt of an Agency letter
10disapproving or modifying a budget plan, the Remediation
11Applicant may appeal the Agency's decision to the Board in the
12manner provided for the review of permits in Section 40 of this
13Act.
14 (j) The fees for reviews conducted by the Agency under
15this subsection (B) are in addition to any other fees or
16payments for Agency services rendered pursuant to the Site
17Remediation 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
24budget plan must be made payable to the State of Illinois, for
25deposit into the Brownfields Redevelopment Fund.
26 (k) Moneys in the Brownfields Redevelopment Fund may be

HB5601- 65 -LRB103 38592 MXP 68728 b
1used for the purposes of this Section, including payment for
2the costs of administering this subsection (B). Any moneys
3remaining in the Brownfields Site Restoration Program Fund on
4the effective date of this amendatory Act of the 92nd General
5Assembly shall be transferred to the Brownfields Redevelopment
6Fund. Total payments made to all Remediation Applicants by the
7Agency 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
10or agreements that may be necessary to carry out the Agency's
11duties and responsibilities under this subsection (B).
12 (m) Within 6 months after July 23, 2002 (the effective
13date of Public Act 92-715) this amendatory Act of 2002, the
14Department of Commerce and Community Affairs (now Department
15of Commerce and Economic Opportunity) and the Agency must
16propose rules prescribing procedures and standards for the
17administration of this subsection (B). Within 9 months after
18receipt of the proposed rules, the Board shall adopt on second
19notice, pursuant to Sections 27 and 28 of this Act and the
20Illinois Administrative Procedure Act, rules that are
21consistent with this subsection (B). Prior to the effective
22date of rules adopted under this subsection (B), the
23Department of Commerce and Community Affairs (now Department
24of Commerce and Economic Opportunity) and the Agency may
25conduct reviews of applications under this subsection (B) and
26the Agency is further authorized to distribute guidance

HB5601- 66 -LRB103 38592 MXP 68728 b
1documents on costs that are eligible or ineligible as
2remediation costs.
3(Source: P.A. 102-444, eff. 8-20-21.)
4 Section 5-120. The Radiation Protection Act of 1990 is
5amended 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
10be deposited in the State treasury and shall be set apart in a
11special fund to be known as the "Radiation Protection Fund".
12All monies within the Radiation Protection Fund shall be
13invested by the State Treasurer in accordance with established
14investment practices. Interest earned by such investment shall
15be returned to the Radiation Protection Fund. Monies deposited
16in this Fund shall be expended by the Agency pursuant to
17appropriation to support the activities of the Agency under
18this Act and as provided in the Laser System Act of 1997 and
19the Radon Industry Licensing Act, or to fund any other
20administrative or operational costs of the Agency.
21 (b) (Blank). On August 15, 1997, all moneys remaining in
22the Federal Facilities Compliance Fund shall be transferred to
23the Radiation Protection Fund.
24(Source: P.A. 97-732, eff. 6-30-12.)

HB5601- 67 -LRB103 38592 MXP 68728 b
1 Section 5-125. The Fire Investigation Act is amended by
2changing 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
6known 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,
17subject 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,

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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.

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1 (5) For any other purpose authorized by law.
2 (c-5) As soon as possible after April 8, 2008 (the
3effective date of Public Act 95-717), the Comptroller shall
4order the transfer and the Treasurer shall transfer $2,000,000
5from the Fire Prevention Fund to the Fire Service and Small
6Equipment Fund, $9,000,000 from the Fire Prevention Fund to
7the Fire Truck Revolving Loan Fund, and $4,000,000 from the
8Fire Prevention Fund to the Ambulance Revolving Loan Fund.
9Beginning on July 1, 2008, each month, or as soon as practical
10thereafter, an amount equal to $2 from each fine received
11shall be transferred from the Fire Prevention Fund to the Fire
12Service and Small Equipment Fund, an amount equal to $1.50
13from each fine received shall be transferred from the Fire
14Prevention Fund to the Fire Truck Revolving Loan Fund, and an
15amount equal to $4 from each fine received shall be
16transferred from the Fire Prevention Fund to the Ambulance
17Revolving Loan Fund. These moneys shall be transferred from
18the moneys deposited into the Fire Prevention Fund pursuant to
19Public Act 95-154, together with not more than 25% of any
20unspent appropriations from the prior fiscal year. These
21moneys may be allocated to the Fire Truck Revolving Loan Fund
22and , Ambulance Revolving Loan Fund, and Fire Service and Small
23Equipment Fund at the discretion of the Office for the purpose
24of implementation of this Act.
25 (d) Any portion of the Fire Prevention Fund remaining
26unexpended at the end of any fiscal year which is not needed

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1for the maintenance and expenses of the Office or the
2maintenance and expenses of the Illinois Fire Service
3Institute shall remain in the Fire Prevention Fund for the
4exclusive 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
7all expenses incurred which are payable from the Fund, other
8than expenses incurred by the Illinois Fire Service Institute,
9and shall approve all vouchers issued therefor before they are
10submitted to the State Comptroller for payment. Such vouchers
11shall be allowed and paid in the same manner as other claims
12against 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
15changing 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
19Secretary, upon receipt of all applicable fees and
20applications made in the form prescribed by the Secretary of
21State, may issue special registration plates designated as
22Korean War Veteran license plates to residents of Illinois who
23participated in the United States Armed Forces during the
24Korean War. The special plate issued under this Section shall

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1be affixed only to passenger vehicles of the first division,
2motorcycles, motor vehicles of the second division weighing
3not more than 8,000 pounds, and recreational vehicles as
4defined by Section 1-169 of this Code. Plates issued under
5this Section shall expire according to the staggered
6multi-year procedure established by Section 3-414.1 of this
7Code.
8 (b) The design, color, and format of the plates shall be
9wholly within the discretion of the Secretary of State. The
10Secretary may, in his or her discretion, allow the plates to be
11issued as vanity plates or personalized in accordance with
12Section 3-405.1 of this Code. The plates are not required to
13designate "Land Of Lincoln", as prescribed in subsection (b)
14of Section 3-412 of this Code. The Secretary shall prescribe
15the eligibility requirements and, in his or her discretion,
16shall approve and prescribe stickers or decals as provided
17under Section 3-412.
18 (c) (Blank).
19 (d) (Blank). The Korean War Memorial Construction Fund is
20created as a special fund in the State treasury. All moneys in
21the Korean War Memorial Construction Fund shall, subject to
22appropriation, be used by the Department of Veterans' Affairs
23to provide grants for construction of the Korean War Memorial
24to be located at Oak Ridge Cemetery in Springfield, Illinois.
25Upon the completion of the Memorial, the Department of
26Veterans' Affairs shall certify to the State Treasurer that

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1the construction of the Memorial has been completed. At the
2direction of and upon notification of the Secretary of State,
3the State Comptroller shall direct and the State Treasurer
4shall transfer all moneys in the Fund and any future deposits
5into the Fund into the Secretary of State Special License
6Plate Fund. Upon completion of the transfer, the Korean War
7Memorial Construction Fund is dissolved.
8 (e) An individual who has been issued Korean War Veteran
9license plates for a vehicle and who has been approved for
10benefits under the Senior Citizens and Persons with
11Disabilities Property Tax Relief Act shall pay the original
12issuance and the regular annual fee for the registration of
13the 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
17Resolution Act is amended by repealing Section 10.
18 Section 5-140. The Unified Code of Corrections is amended
19by 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;
22Department of Corrections Reimbursement and Education Fund.
23 (a) The Department may accept, receive and use, for and in

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1behalf of the State, any moneys, goods or services given for
2general purposes of this Code by the federal government or
3from any other source, public or private, including
4collections from inmates, reimbursement of payments under the
5Workers' Compensation Act, and commissions from inmate collect
6call telephone systems under an agreement with the Department
7of Central Management Services. For these purposes the
8Department may comply with such conditions and enter into such
9agreements upon such covenants, terms, and conditions as the
10Department may deem necessary or desirable, if the agreement
11is not in conflict with State law.
12 (a-5) Beginning January 1, 2018, the Department of Central
13Management Services shall contract with the qualified vendor
14who proposes the lowest per minute rate not exceeding 7 cents
15per minute for debit, prepaid, collect calls and who does not
16bill to any party any tax, service charge, or additional fee
17exceeding the per minute rate, including, but not limited to,
18any per call surcharge, account set up fee, bill statement
19fee, monthly account maintenance charge, or refund fee as
20established by the Federal Communications Commission Order for
21state prisons in the Matter of Rates for Interstate Inmate
22Calling Services, Second Report and Order, WC Docket 12-375,
23FCC 15-136 (adopted Oct. 22, 2015). Telephone services made
24available through a prepaid or collect call system shall
25include international calls; those calls shall be made
26available at reasonable rates subject to Federal

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1Communications Commission rules and regulations, but not to
2exceed 23 cents per minute. Public Act 99-878 applies to any
3new or renewal contract for inmate calling services.
4 (b) The On July 1, 1998, the Department of Corrections
5Reimbursement Fund and the Department of Corrections Education
6Fund shall be combined into a single fund to be known as the
7Department of Corrections Reimbursement and Education Fund,
8which is hereby created as a special fund in the State
9Treasury. The moneys deposited into the Department of
10Corrections Reimbursement and Education Fund shall be
11appropriated to the Department of Corrections for the expenses
12of the Department.
13 The following shall be deposited into the Department of
14Corrections 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.

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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
11Education Fund is created as a special fund in the State
12Treasury. The moneys deposited into the Department of Juvenile
13Justice Reimbursement Fund and Education shall be appropriated
14to the Department of Juvenile Justice for the expenses of the
15Department. The following moneys shall be deposited into the
16Department of Juvenile Justice Reimbursement Fund and
17Education 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

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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
11by repealing Section 3-2-2.1.
12 Section 5-150. The Sex Offender Registration Act is
13amended by changing Section 11 as follows:
14 (730 ILCS 150/11)
15 Sec. 11. Offender Registration Fund. There is created the
16Offender Registration Fund (formerly known as the Sex Offender
17Registration Fund). Moneys in the Fund shall be used to cover
18costs incurred by the criminal justice system to administer
19this Article and the Murderer and Violent Offender Against
20Youth Registration Act, and for purposes as authorized under
21this Section. The Illinois State Police shall establish and
22promulgate rules and procedures regarding the administration
23of this Fund. Fifty percent of the moneys in the Fund shall be

HB5601- 77 -LRB103 38592 MXP 68728 b
1allocated by the Department for sheriffs' offices and police
2departments. The remaining moneys in the Fund received under
3Public Act 101-571 this amendatory Act of the 101st General
4Assembly shall be allocated to the Illinois State Police for
5education and administration of the Act.
6 Notwithstanding any other provision of law, in addition to
7any other transfers that may be provided by law, on the
8effective date of this amendatory Act of the 103rd General
9Assembly, or as soon thereafter as practical, the State
10Comptroller shall direct and the State Treasurer shall
11transfer the remaining balance from the Sex Offender
12Investigation Fund to the Offender Registration Fund. Upon
13completion of the transfers, the Sex Offender Investigation
14Fund is dissolved, and any future deposits into the Sex
15Offender Investigation Fund and any outstanding obligations or
16liabilities of the Sex Offender Investigation Fund pass to the
17Offender 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
21Administrative Code of Illinois is amended by changing Section
2250-25 as follows:
23 (15 ILCS 20/50-25)

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1 Sec. 50-25. Statewide prioritized goals.
2 (a) Definitions. As used in this Section:
3 "Commission" means the Budgeting for Results Commission
4established by this Section.
5 "Result area" means major organizational categories of
6State government as defined by the Governor.
7 "Outcome area" means subcategories of result areas that
8further define, and facilitate the measurement of the result
9area, as established by the Governor.
10 (b) Statewide prioritized goals. For fiscal year 2025 and
11each fiscal year thereafter, prior to the submission of the
12State budget, the Governor, in consultation with the
13Commission established under this Section, shall: (i) identify
14statewide result areas that are most important for each State
15agency of the executive branch under the jurisdiction of the
16Governor to achieve for the next fiscal year and (ii) identify
17outcome areas, which further define the statewide result
18areas, into which State programs and associated spending can
19be categorized. There must be a reasonable number of annually
20defined statewide result and outcome areas defining State
21priorities for the budget. Each result and outcome shall be
22further defined to facilitate success in achieving that result
23or outcome.
24 (c) Budgeting for Results Commission. On or after July 31,
252024, the Governor shall establish an advisory a commission
26for the purpose of advising the Governor in the implementation

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1of performance-based budgeting in Illinois State government,
2setting statewide result and outcome areas, and providing
3oversight and guidance for comprehensive program assessments
4and 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

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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.

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1 The commission shall also review existing statutory
2mandates and include in its report recommendations for the
3repeal or modification of statutory mandates and funds or the
4State treasury which are out-of-date or unduly burdensome to
5the operations of State government.
6 The General Assembly may object to the commission's report
7by passing a joint resolution detailing the General Assembly's
8objections.
9 (d) In addition, each other constitutional officer of the
10executive branch, in consultation with the appropriation
11committees of the General Assembly, shall: (i) prioritize
12outcomes that are most important for his or her office to
13achieve for the next fiscal year and (ii) set goals to
14accomplish those outcomes according to the priority of the
15outcome. The Governor and each constitutional officer shall
16separately conduct performance analyses to determine which
17programs, strategies, and activities will best achieve those
18desired outcomes. The Governor shall recommend that
19appropriations be made to State agencies and officers for the
20next fiscal year based on the agreed upon result and outcome
21areas. Each agency and officer may develop its own strategies
22for meeting those goals and shall review and analyze those
23strategies on a regular basis. The Governor shall also
24implement procedures to measure annual progress toward the
25State's statewide results and outcomes and shall develop a
26statewide reporting system that collects performance data from

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1all programs under the authority of the Governor. Those
2performance measures and results shall be posted on the
3Governor'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
6amended by changing Sections 20 and 40 as follows:
7 (20 ILCS 701/20)
8 Sec. 20. Coordination with economic development
9activities. The Department may must coordinate the
10administration of the High Technology School-to-Work Program,
11including the targeting of projects, with the Department's
12technology related planning and economic development
13initiatives.
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
17duties:
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

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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
11amended by repealing Section 10-63.
12 (20 ILCS 2335/Act rep.)
13 Section 10-25. The Community Health Worker Advisory Board
14Act is repealed.
15 Section 10-30. The Department of Veterans' Affairs Act is
16amended 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
19sufficient and qualified staff at the veterans' homes (i) to
20fill all beds, subject to appropriation, and (ii) to fulfill
21the requirements of this Act. The Department shall report to
22the General Assembly, by February January 1, for the reporting

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1period of July 1 through December 31, and August July 1, for
2the reporting period of January 1 through June 30, of each
3year, the number of staff employed in providing direct patient
4care at their veterans' homes, the compliance or noncompliance
5with staffing standards established by the United States
6Department of Veterans Affairs for such care, and in the event
7of noncompliance with such standards, the number of staff
8required for compliance. For purposes of this Section, a nurse
9who has a license application pending with the State shall not
10be deemed unqualified by the Department if the nurse is in
11compliance with Section 50-15 of the Nurse Practice Act.
12 A veterans home is subject to the Health Care Violence
13Prevention 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
17disease reports.
18 (a) As used in this Section:
19 "Case" means a person that lived as a resident in a
20Veterans Home and had an illness due to a communicable
21disease.
22 "Communicable disease" means an illness due to a specific
23infectious agent or its toxic products that arises through
24transmission of that agent or its products from an infected
25person, animal, or inanimate source to a susceptible host,

HB5601- 85 -LRB103 38592 MXP 68728 b
1either directly or indirectly, through an intermediate plant
2or animal host, a vector, or the inanimate environment.
3 (b) The Department shall submit a bi-annual report to the
4General Assembly by February January 1, for the reporting
5period of July 1 through December 31, and August July 1, for
6the reporting period of January 1 through June 30, of each year
7about the health and welfare of residents at Veterans Homes.
8The report shall be filed electronically with the General
9Assembly, as provided under Section 3.1 of the General
10Assembly Organization Act, and shall be provided
11electronically to any member of the General Assembly upon
12request. Each report shall include, but not be limited to, the
13following:
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.)

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1 Section 10-35. The Governor's Office of Management and
2Budget 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
5prescribe, every State agency, other than State colleges and
6universities, agencies of legislative and judicial branches of
7State government, and elected State executive officers not
8including the Governor, shall file with the Commission on
9Government Forecasting and Accountability all applications for
10federal grants, contracts and agreements. The Commission on
11Government Forecasting and Accountability shall immediately
12forward all such materials to the Office for the Office's
13approval. Any application for federal funds which has not
14received Office approval shall be considered void and any
15funds received as a result of such application shall be
16returned to the federal government before they are spent. Each
17State agency subject to this Section shall, at least 45 days
18before submitting its application to the federal agency,
19report in detail to the Commission on Government Forecasting
20and Accountability what the grant is intended to accomplish
21and the specific plans for spending the federal dollars
22received pursuant to the grant. The Commission on Government
23Forecasting and Accountability shall immediately review such
24forward such materials to the Office. The Office may approve

HB5601- 87 -LRB103 38592 MXP 68728 b
1the submission of an application to the federal agency in less
2than 45 days after its receipt by the Office when the Office
3determines that the circumstances require an expedited
4application. Such reports of applications and plans of
5expenditure, 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
22immediately file with the Commission on Government Forecasting
23and Accountability any awards of federal funds and any and all
24changes in the programs, in awards, in program duration, in
25schedule of fund receipts, and in estimated costs to the State
26of maintaining the program if and when federal assistance is

HB5601- 88 -LRB103 38592 MXP 68728 b
1terminated, or in direct and indirect costs, of any grant
2under which they are or expect to be receiving federal funds.
3The Commission on Government Forecasting and Accountability
4shall immediately forward such materials to the Office.
5 The Office in cooperation with the Commission on
6Government Forecasting and Accountability shall develop
7standard forms and a system of identifying numbers for the
8applications and reports required by this Section. Upon
9receipt from the State agencies of each application and
10report, the Commission on Government Forecasting and
11Accountability shall promptly designate the appropriate
12identifying number therefor and communicate such number to the
13respective State agency, the Comptroller and the Office.
14 Each State agency subject to this Section shall include in
15each report to the Comptroller of the receipt of federal funds
16the identifying number applicable to the grant under which
17such funds are received.
18(Source: P.A. 100-1148, eff. 12-10-18.)
19 Section 10-40. The Legislative Commission Reorganization
20Act 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
23Government Forecasting and Accountability is established as
24the information center for the General Assembly in the field

HB5601- 89 -LRB103 38592 MXP 68728 b
1of federal-state relations and as State Central Information
2Reception Agency for the purpose of receiving information from
3federal agencies under the United States Office of Management
4and Budget circular A-98 and the United States Department of
5the Treasury Circular TC-1082 or any successor circulars
6promulgated under authority of the United States
7Inter-governmental Cooperation Act of 1968. Its powers and
8duties 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

HB5601- 90 -LRB103 38592 MXP 68728 b
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

HB5601- 91 -LRB103 38592 MXP 68728 b
1legislative and judicial branches of State government, and the
2elected State executive officers, not including the Governor,
3shall submit to the Commission on Government Forecasting and
4Accountability, in a manner prescribed by the Commission on
5Government Forecasting and Accountability, summaries of
6applications for federal funds filed and grants of federal
7funds awarded.
8(Source: P.A. 100-1148, eff. 12-10-18.)
9 Section 10-45. The Grant Accountability and Transparency
10Act 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

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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
13or federal awards that must be audited.
14 "Auditor" means an auditor who is a public accountant or a
15federal, State, or local government audit organization that
16meets the general standards specified in generally-accepted
17government auditing standards. "Auditor" does not include
18internal auditors of nonprofit organizations.
19 "Auditor General" means the Auditor General of the State
20of Illinois.
21 "Award" means financial assistance that provides support
22or stimulation to accomplish a public purpose. "Awards"
23include grants and other agreements in the form of money, or
24property in lieu of money, by the State or federal government
25to an eligible recipient. "Award" does not include: technical
26assistance that provides services instead of money; other

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1assistance in the form of loans, loan guarantees, interest
2subsidies, or insurance; direct payments of any kind to
3individuals; or contracts that must be entered into and
4administered under State or federal procurement laws and
5regulations.
6 "Budget" means the financial plan for the project or
7program that the awarding agency or pass-through entity
8approves during the award process or in subsequent amendments
9to the award. It may include the State or federal and
10non-federal share or only the State or federal share, as
11determined by the awarding agency or pass-through entity.
12 "Catalog of Federal Domestic Assistance" or "CFDA" means a
13database that helps the federal government track all programs
14it has domestically funded.
15 "Catalog of Federal Domestic Assistance number" or "CFDA
16number" means the number assigned to a federal program in the
17CFDA.
18 "Catalog of State Financial Assistance" means the single,
19authoritative, statewide, comprehensive source document of
20State financial assistance program information maintained by
21the Governor's Office of Management and Budget.
22 "Catalog of State Financial Assistance Number" means the
23number assigned to a State program in the Catalog of State
24Financial Assistance. The first 3 digits represent the State
25agency number and the last 4 digits represent the program.
26 "Cluster of programs" means a grouping of closely related

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1programs that share common compliance requirements. The types
2of clusters of programs are research and development, student
3financial aid, and other clusters. A "cluster of programs"
4shall be considered as one program for determining major
5programs and, with the exception of research and development,
6whether a program-specific audit may be elected.
7 "Cognizant agency for audit" means the federal agency
8designated to carry out the responsibilities described in 2
9CFR 200.513(a).
10 "Contract" means a legal instrument by which a non-federal
11entity purchases property or services needed to carry out the
12project or program under an award. "Contract" does not include
13a legal instrument, even if the non-federal entity considers
14it a contract, when the substance of the transaction meets the
15definition of an award or subaward.
16 "Contractor" means an entity that receives a contract.
17 "Cooperative agreement" means a legal instrument of
18financial assistance between an awarding agency or
19pass-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

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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
6research and development agreement, nor an agreement that
7provides only direct cash assistance to an individual, a
8subsidy, a loan, a loan guarantee, or insurance.
9 "Corrective action" means action taken by the auditee that
10(i) corrects identified deficiencies, (ii) produces
11recommended improvements, or (iii) demonstrates that audit
12findings are either invalid or do not warrant auditee action.
13 "Cost objective" means a program, function, activity,
14award, organizational subdivision, contract, or work unit for
15which cost data is desired and for which provision is made to
16accumulate and measure the cost of processes, products, jobs,
17and capital projects. A "cost objective" may be a major
18function of the non-federal entity, a particular service or
19project, an award, or an indirect cost activity.
20 "Cost sharing" means the portion of project costs not paid
21by State or federal funds, unless otherwise authorized by
22statute.
23 "Development" is the systematic use of knowledge and
24understanding gained from research directed toward the
25production of useful materials, devices, systems, or methods,
26including design and development of prototypes and processes.

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1 "Data Universal Numbering System number" means the 9-digit
2number established and assigned by Dun and Bradstreet, Inc. to
3uniquely identify entities and, under federal law, is required
4for non-federal entities to apply for, receive, and report on
5a federal award.
6 "Direct costs" means costs that can be identified
7specifically with a particular final cost objective, such as a
8State or federal or federal pass-through award or a particular
9sponsored project, an instructional activity, or any other
10institutional activity, or that can be directly assigned to
11such activities relatively easily with a high degree of
12accuracy.
13 "Equipment" means tangible personal property (including
14information technology systems) having a useful life of more
15than one year and a per-unit acquisition cost that equals or
16exceeds the lesser of the capitalization level established by
17the non-federal entity for financial statement purposes, or
18$5,000.
19 "Executive branch" means that branch of State government
20that is under the jurisdiction of the Governor.
21 "Federal agency" has the meaning provided for "agency"
22under 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

HB5601- 97 -LRB103 38592 MXP 68728 b
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
14federal agency uses to buy goods or services from a contractor
15or a contract to operate federal government owned,
16contractor-operated facilities.
17 "Federal awarding agency" means the federal agency that
18provides a federal award directly to a non-federal entity.
19 "Federal interest" means, for purposes of 2 CFR 200,
20Subpart D, Post Federal Award Requirements (Performance and
21Financial Monitoring and Reporting) 2 CFR 200.329 or when used
22in connection with the acquisition or improvement of real
23property, equipment, or supplies under a federal award, the
24dollar amount that is the product of the federal share of total
25project costs and current fair market value of the property,
26improvements, or both, to the extent the costs of acquiring or

HB5601- 98 -LRB103 38592 MXP 68728 b
1improving 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
17costs that are paid by federal funds.
18 "Final cost objective" means a cost objective which has
19allocated to it both direct and indirect costs and, in the
20non-federal entity's accumulation system, is one of the final
21accumulation points, such as a particular award, internal
22project, 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:

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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
16under which the awarding agency or pass-through entity
17provides a specific level of support without regard to actual
18costs incurred under the award. "Fixed amount awards" reduce
19some of the administrative burden and record-keeping
20requirements for both the non-federal entity and awarding
21agency or pass-through entity. Accountability is based
22primarily 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

HB5601- 100 -LRB103 38592 MXP 68728 b
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

HB5601- 101 -LRB103 38592 MXP 68728 b
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
5provided in accounting standards issued by the Government
6Accounting Standards Board and the Financial Accounting
7Standards Board.
8 "Generally Accepted Government Auditing Standards" means
9generally accepted government auditing standards issued by the
10Comptroller General of the United States that are applicable
11to financial audits.
12 "Grant agreement" means a legal instrument of financial
13assistance between an awarding agency or pass-through entity
14and 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.

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1 "Grant agreement" does not include an agreement that
2provides only direct cash assistance to an individual, a
3subsidy, a loan, a loan guarantee, or insurance.
4 "Grant application" means a specified form that is
5completed by a non-federal entity in connection with a request
6for a specific funding opportunity or a request for financial
7support of a project or activity.
8 "Hospital" means a facility licensed as a hospital under
9the law of any state or a facility operated as a hospital by
10the United States, a state, or a subdivision of a state.
11 "Illinois Debarred and Suspended List" means the list
12maintained by the Governor's Office of Management and Budget
13that contains the names of those individuals and entities that
14are ineligible, either temporarily or permanently, from
15receiving an award of grant funds from the State.
16 "Indirect cost" means those costs incurred for a common or
17joint purpose benefitting more than one cost objective and not
18readily assignable to the cost objectives specifically
19benefitted without effort disproportionate to the results
20achieved.
21 "Inspector General" means the Office of the Executive
22Inspector General for Executive branch agencies.
23 "Loan" means a State or federal loan or loan guarantee
24received or administered by a non-federal entity. "Loan" does
25not include a "program income" as defined in 2 CFR 200, Subpart
26A, Acronyms and Definitions 2 CFR 200.80.

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1 "Loan guarantee" means any State or federal government
2guarantee, insurance, or other pledge with respect to the
3payment of all or a part of the principal or interest on any
4debt obligation of a non-federal borrower to a non-federal
5lender, but does not include the insurance of deposits,
6shares, or other withdrawable accounts in financial
7institutions.
8 "Local government" has the meaning provided for the term
9"units of local government" under Section 1 of Article VII of
10the Illinois Constitution and includes school districts.
11 "Major program" means a federal program determined by the
12auditor to be a major program in accordance with 2 CFR 200.518
13or a program identified as a major program by a federal
14awarding agency or pass-through entity in accordance with 2
15CFR 200.503(e).
16 "Non-federal entity" means a state, local government,
17Indian tribe, institution of higher education, or
18organization, whether nonprofit or for-profit, that carries
19out a State or federal award as a recipient or subrecipient.
20 "Nonprofit organization" means any corporation, trust,
21association, cooperative, or other organization, not including
22institutions 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

HB5601- 104 -LRB103 38592 MXP 68728 b
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
4entity's utilization of funds under an award, means orders
5placed for property and services, contracts and subawards
6made, and similar transactions during a given period that
7require payment by the non-federal entity during the same or a
8future period.
9 "Office of Management and Budget" means the Office of
10Management and Budget of the Executive Office of the
11President.
12 "Other clusters" has the meaning provided by the federal
13Office of Management and Budget in the compliance supplement
14or has the meaning as it is designated by a state for federal
15awards the state provides to its subrecipients that meet the
16definition of a cluster of programs. When designating an
17"other cluster", a state must identify the federal awards
18included in the cluster and advise the subrecipients of
19compliance requirements applicable to the cluster.
20 "Oversight agency for audit" means the federal awarding
21agency that provides the predominant amount of funding
22directly to a non-federal entity not assigned a cognizant
23agency for audit. When there is no direct funding, the
24awarding agency that is the predominant source of pass-through
25funding must assume the oversight responsibilities. The duties
26of the oversight agency for audit and the process for any

HB5601- 105 -LRB103 38592 MXP 68728 b
1reassignments are described in 2 CFR 200.513(b).
2 "Pass-through entity" means a non-federal entity that
3provides a subaward to a subrecipient to carry out part of a
4program.
5 "Private award" means an award from a person or entity
6other than a State or federal entity. Private awards are not
7subject to the provisions of this Act.
8 "Property" means real property or personal property.
9 "Project cost" means total allowable costs incurred under
10an award and all required cost sharing and voluntary committed
11cost sharing, including third-party contributions.
12 "Public institutions of higher education" has the meaning
13provided in Section 1 of the Board of Higher Education Act.
14 "Recipient" means a non-federal entity that receives an
15award directly from an awarding agency to carry out an
16activity under a program. "Recipient" does not include
17subrecipients.
18 "Research and Development" means all research activities,
19both basic and applied, and all development activities that
20are performed by non-federal entities.
21 "Single Audit Act" means the federal Single Audit Act
22Amendments of 1996 (31 U.S.C. 7501-7507).
23 "State agency" means an Executive branch agency. For
24purposes of this Act, "State agency" does not include public
25institutions of higher education.
26 "State award" means the financial assistance that a

HB5601- 106 -LRB103 38592 MXP 68728 b
1non-federal entity receives from the State and that is funded
2with either State funds or federal funds; in the latter case,
3the State is acting as a pass-through entity.
4 "State awarding agency" means a State agency that provides
5an award to a non-federal entity.
6 "State grant-making agency" has the same meaning as "State
7awarding agency".
8 "State interest" means the acquisition or improvement of
9real property, equipment, or supplies under a State award, the
10dollar amount that is the product of the State share of the
11total project costs and current fair market value of the
12property, improvements, or both, to the extent the costs of
13acquiring or improving the property were included as project
14costs.
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
24that are paid by State funds.
25 "Stop payment order" means a communication from a State
26grant-making agency to the Office of the Comptroller,

HB5601- 107 -LRB103 38592 MXP 68728 b
1following procedures set out by the Office of the Comptroller,
2causing the cessation of payments to a recipient or
3subrecipient as a result of the recipient's or subrecipient's
4failure to comply with one or more terms of the grant or
5subaward.
6 "Stop payment procedure" means the procedure created by
7the Office of the Comptroller which effects a stop payment
8order and the lifting of a stop payment order upon the request
9of the State grant-making agency.
10 "Student Financial Aid" means federal awards under those
11programs of general student assistance, such as those
12authorized by Title IV of the Higher Education Act of 1965, as
13amended (20 U.S.C. 1070-1099d), that are administered by the
14United States Department of Education and similar programs
15provided by other federal agencies. "Student Financial Aid"
16does not include federal awards under programs that provide
17fellowships or similar federal awards to students on a
18competitive basis or for specified studies or research.
19 "Subaward" means a State or federal award provided by a
20pass-through entity to a subrecipient for the subrecipient to
21carry out part of a federal award received by the pass-through
22entity. "Subaward" does not include payments to a contractor
23or payments to an individual that is a beneficiary of a federal
24program. A "subaward" may be provided through any form of
25legal agreement, including an agreement that the pass-through
26entity considers a contract.

HB5601- 108 -LRB103 38592 MXP 68728 b
1 "Subrecipient" means a non-federal entity that receives a
2State or federal subaward from a pass-through entity to carry
3out part of a federal program. "Subrecipient" does not include
4an individual that is a beneficiary of such program. A
5"subrecipient" may also be a recipient of other State or
6federal awards directly from a State or federal awarding
7agency.
8 "Suspension" means a post-award action by the State or
9federal agency or pass-through entity that temporarily
10withdraws the State or federal agency's or pass-through
11entity's financial assistance sponsorship under an award,
12pending corrective action by the recipient or subrecipient or
13pending a decision to terminate the award.
14 "Uniform Administrative Requirements, Costs Principles,
15and Audit Requirements for Federal Awards" means those rules
16applicable to grants contained in 2 CFR 200.
17 "Voluntary committed cost sharing" means cost sharing
18specifically pledged on a voluntary basis in the proposal's
19budget or the award on the part of the non-federal entity and
20that 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
25requirements established under this Act apply to State

HB5601- 109 -LRB103 38592 MXP 68728 b
1grant-making agencies that make State and federal pass-through
2awards to non-federal entities. These requirements apply to
3all costs related to State and federal pass-through awards.
4The requirements established under this Act do not apply to
5private awards, to allocations of State revenues paid over by
6the Comptroller to units of local government and other taxing
7districts pursuant to the State Revenue Sharing Act from the
8Local Government Distributive Fund or the Personal Property
9Tax Replacement Fund, to allotments of State motor fuel tax
10revenues distributed by the Department of Transportation to
11units of local government pursuant to the Motor Fuel Tax Law
12from the Motor Fuel Tax Fund or the Transportation Renewal
13Fund, or to awards, including capital appropriated funds, made
14by the Department of Transportation to units of local
15government for the purposes of transportation projects
16utilizing State funds, federal funds, or both State and
17federal funds. This Act shall recognize that federal and
18federal pass-through awards from the Department of
19Transportation to units of local government are governed by
20and must comply with federal guidelines under 2 CFR Part 200.
21 The changes made by this amendatory Act of the 102nd
22General Assembly apply to pending actions as well as actions
23commenced on or after the effective date of this amendatory
24Act of the 102nd General Assembly.
25 (a-5) Nothing in this Act shall prohibit the use of State
26funds for purposes of federal match or maintenance of effort.

HB5601- 110 -LRB103 38592 MXP 68728 b
1 (b) The terms and conditions of State, federal, and
2pass-through awards apply to subawards and subrecipients
3unless a particular Section of this Act or the terms and
4conditions of the State or federal award specifically indicate
5otherwise. Non-federal entities shall comply with requirements
6of this Act regardless of whether the non-federal entity is a
7recipient or subrecipient of a State or federal pass-through
8award. Pass-through entities shall comply with the
9requirements set forth under the rules adopted under
10subsection (a) of Section 20 of this Act, but not to any
11requirements in this Act directed towards State or federal
12awarding agencies, unless the requirements of the State or
13federal awards indicate otherwise.
14 When a non-federal entity is awarded a cost-reimbursement
15contract, only 2 CFR 200, Subpart D, Post Federal Award
16Requirements (Subrecipient Monitoring and Management) 2 CFR
17200.330 through 200.332 are incorporated by reference into the
18contract. However, when the Cost Accounting Standards are
19applicable to the contract, they take precedence over the
20requirements of this Act unless they are in conflict with
21Subpart F of 2 CFR 200. In addition, costs that are made
22unallowable under 10 U.S.C. 2324(e) and 41 U.S.C. 4304(a), as
23described in the Federal Acquisition Regulations, subpart 31.2
24and subpart 31.603, are always unallowable. For requirements
25other than those covered in Subpart D of 2 CFR 200, Subpart D,
26Post Federal Award Requirements(Subrecipient Monitoring and

HB5601- 111 -LRB103 38592 MXP 68728 b
1Management) 2 CFR 200.330 through 200.332, the terms of the
2contract and the Federal Acquisition Regulations apply.
3 With the exception of Subpart F of 2 CFR 200, which is
4required by the Single Audit Act, in any circumstances where
5the provisions of federal statutes or regulations differ from
6the provisions of this Act, the provision of the federal
7statutes or regulations govern. This includes, for agreements
8with Indian tribes, the provisions of the Indian
9Self-Determination and Education and Assistance Act, as
10amended, 25 U.S.C. 450-458ddd-2.
11 (c) State grant-making agencies may apply subparts A
12through E of 2 CFR 200 to for-profit entities, foreign public
13entities, or foreign organizations, except where the awarding
14agency determines that the application of these subparts would
15be inconsistent with the international obligations of the
16United States or the statute or regulations of a foreign
17government.
18 (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
19different types of awards. The same applicability applies to
20this Act.
21 (e) (Blank).
22 (f) For public institutions of higher education, the
23provisions of this Act apply only to awards funded by federal
24pass-through awards from a State agency to public institutions
25of higher education. This Act shall recognize provisions in 2
26CFR 200 as applicable to public institutions of higher

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1education, including Appendix III of Part 200 and the cost
2principles under Subpart E.
3 (g) Each grant-making agency shall enhance its processes
4to monitor and address noncompliance with reporting
5requirements and with program performance standards. Where
6applicable, the process may include a corrective action plan.
7The monitoring process shall include a plan for tracking and
8documenting performance-based contracting decisions.
9 (h) Notwithstanding any provision of law to the contrary,
10grants awarded from federal funds received from the federal
11Coronavirus State Fiscal Recovery Fund in accordance with
12Section 9901 of the American Rescue Plan Act of 2021 are
13subject to the provisions of this Act, but only to the extent
14required by Section 9901 of the American Rescue Plan Act of
152021 and other applicable federal law or regulation.
16(Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21;
17102-626, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1092, eff.
186-10-22.)
19 Section 10-50. The Illinois State University Law is
20amended by changing Section 20-170 as follows:
21 (110 ILCS 675/20-170)
22 Sec. 20-170. Administrator and faculty salary and
23benefits; report. The Board of Trustees shall report to the
24Board of Higher Education, on or before August July 1 of each

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1year, the base salary and benefits of the president of the
2university and all administrators, faculty members, and
3instructors employed by the university from the prior fiscal
4year. For the purposes of this Section, "benefits" includes
5without limitation vacation days, sick days, bonuses,
6annuities, and retirement enhancements.
7(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
8
Article 99.
9 Section 99-99. Effective date. This Act takes effect upon
10becoming law.

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1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 375/11from Ch. 127, par. 531
4 20 ILCS 105/4.01from Ch. 23, par. 6104.01
5 20 ILCS 687/6-3
6 20 ILCS 1135/Act rep.
7 20 ILCS 1345/4.5
8 20 ILCS 1705/18.4
9 20 ILCS 1705/18.5
10 20 ILCS 2905/2.7
11 20 ILCS 3405/16from Ch. 127, par. 2716
12 20 ILCS 3435/5from Ch. 127, par. 133c5
13 30 ILCS 105/5from Ch. 127, par. 141
14 30 ILCS 105/6z-82
15 30 ILCS 105/8.8afrom Ch. 127, par. 144.8a
16 30 ILCS 105/5.544 rep.
17 30 ILCS 105/5.668 rep.
18 30 ILCS 105/5.709 rep.
19 30 ILCS 105/5.795 rep.
20 30 ILCS 105/6p-3 rep.
21 30 ILCS 145/Act rep.
22 30 ILCS 175/Act rep.
23 30 ILCS 190/Act rep.
24 30 ILCS 255/2from Ch. 127, par. 176c
25 30 ILCS 750/Art. 2 rep.

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1 105 ILCS 5/27-12.1from Ch. 122, par. 27-12.1
2 225 ILCS 427/65
3 225 ILCS 441/15-5
4 225 ILCS 441/25-5
5 310 ILCS 65/3from Ch. 67 1/2, par. 1253
6 310 ILCS 65/7from Ch. 67 1/2, par. 1257
7 310 ILCS 65/5.5 rep.
8 310 ILCS 65/8.5 rep.
9 410 ILCS 315/2b rep.
10 415 ILCS 5/58.15
11 420 ILCS 40/35from Ch. 111 1/2, par. 210-35
12 425 ILCS 25/13.1from Ch. 127 1/2, par. 17.1
13 625 ILCS 5/3-626
14 710 ILCS 40/10 rep.
15 730 ILCS 5/3-4-1from Ch. 38, par. 1003-4-1
16 730 ILCS 5/3-2-2.1 rep.
17 730 ILCS 150/11
18 15 ILCS 20/50-25
19 20 ILCS 701/20
20 20 ILCS 701/40
21 20 ILCS 1305/10-63 rep.
22 20 ILCS 2335/Act rep.
23 20 ILCS 2805/2.07from Ch. 126 1/2, par. 67.07
24 20 ILCS 2805/2.13
25 20 ILCS 3005/5.1from Ch. 127, par. 415
26 25 ILCS 130/4-2.1

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