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1		AN ACT concerning State government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		ARTICLE 1.
5		Section 1-1. Short Title. This Act may be cited as the FY
6		2024 Budget Implementation Act.
7		Section 1-5. Purpose. It is the purpose of this Act to make
8		changes in State programs that are necessary to implement the
9		State budget for Fiscal Year 2024.
10		ARTICLE 3.
11		Section 3-5. Short title. This Article may be cited as the
12		Council of State Governments Act. As used in this Article,
13		"this Act" refers to this Article.
14		Section 3-10. Participation in Council of State
15		Governments. The majority and minority leadership of the
16		Senate and the House of Representatives, as well as members of
17		appropriate legislative committees and commissions, as
18		determined by such leadership, may annually attend appropriate
19		meetings of the Council of State Governments as

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1		representatives of the General Assembly of the State of
2		Illinois and may pay such annual membership fee as may be
3		required to maintain membership in that organization.
4		ARTICLE 5.
5		Section 5-5. The State Employees Group Insurance Act of
6		1971 is amended by changing Sections 6.9 and 6.10 as follows:
7		(5 ILCS 375/6.9)
8		Sec. 6.9. Health benefits for community college benefit
9		recipients and community college dependent beneficiaries.
10		(a) Purpose. It is the purpose of this amendatory Act of
11		1997 to establish a uniform program of health benefits for
12		community college benefit recipients and their dependent
13		beneficiaries under the administration of the Department of
14		Central Management Services.
15		(b) Creation of program. Beginning July 1, 1999, the
16		Department of Central Management Services shall be responsible
17		for administering a program of health benefits for community
18		college benefit recipients and community college dependent
19		beneficiaries under this Section. The State Universities
20		Retirement System and the boards of trustees of the various
21		community college districts shall cooperate with the
22		Department in this endeavor.
23		(c) Eligibility. All community college benefit recipients

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1		and community college dependent beneficiaries shall be
2		eligible to participate in the program established under this
3		Section, without any interruption or delay in coverage or
4		limitation as to pre-existing medical conditions. Eligibility
5		to participate shall be determined by the State Universities
6		Retirement System. Eligibility information shall be
7		communicated to the Department of Central Management Services
8		in a format acceptable to the Department.
9		Eligible community college benefit recipients may enroll
10		or re-enroll in the program of health benefits established
11		under this Section during any applicable annual open
12		enrollment period and as otherwise permitted by the Department
13		of Central Management Services. A community college benefit
14		recipient shall not be deemed ineligible to participate solely
15		by reason of the community college benefit recipient having
16		made a previous election to disenroll or otherwise not
17		participate in the program of health benefits.
18		(d) Coverage. The health benefit coverage provided under
19		this Section shall be a program of health, dental, and vision
20		benefits.
21		The program of health benefits under this Section may
22		include any or all of the benefit limitations, including but
23		not limited to a reduction in benefits based on eligibility
24		for federal Medicare benefits, that are provided under
25		subsection (a) of Section 6 of this Act for other health
26		benefit programs under this Act.

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1		(e) Insurance rates and premiums. The Director shall
2		determine the insurance rates and premiums for community
3		college benefit recipients and community college dependent
4		beneficiaries and shall present to the State Universities
5		Retirement System, by April 15 of each calendar year, the
6		rate-setting methodology (including, but not limited to,
7		utilization levels and costs) used to determine the insurance
8		rates and premiums. Rates and premiums may be based in part on
9		age and eligibility for federal Medicare coverage. The
10		Director shall also determine premiums that will allow for the
11		establishment of an actuarially sound reserve for this
12		program.
13		The cost of health benefits under the program shall be
14		paid as follows:
15		(1) For a community college benefit recipient, up to
16		75% of the total insurance rate shall be paid from the
17		Community College Health Insurance Security Fund.
18		(2) The balance of the rate of insurance, including
19		the entire premium for any coverage for community college
20		dependent beneficiaries that has been elected, shall be
21		paid by deductions authorized by the community college
22		benefit recipient to be withheld from his or her monthly
23		annuity or benefit payment from the State Universities
24		Retirement System; except that (i) if the balance of the
25		cost of coverage exceeds the amount of the monthly annuity
26		or benefit payment, the difference shall be paid directly

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1		to the State Universities Retirement System by the
2		community college benefit recipient, and (ii) all or part
3		of the balance of the cost of coverage may, at the option
4		of the board of trustees of the community college
5		district, be paid to the State Universities Retirement
6		System by the board of the community college district from
7		which the community college benefit recipient retired. The
8		State Universities Retirement System shall promptly
9		deposit all moneys withheld by or paid to it under this
10		subdivision (e)(2) into the Community College Health
11		Insurance Security Fund. These moneys shall not be
12		considered assets of the State Universities Retirement
13		System.
14		(f) Financing. All revenues arising from the
15		administration of the health benefit program established under
16		this Section shall be deposited into the Community College
17		Health Insurance Security Fund, which is hereby created as a
18		nonappropriated trust fund to be held outside the State
19		Treasury, with the State Treasurer as custodian. Any interest
20		earned on moneys in the Community College Health Insurance
21		Security Fund shall be deposited into the Fund.
22		Moneys in the Community College Health Insurance Security
23		Fund shall be used only to pay the costs of the health benefit
24		program established under this Section, including associated
25		administrative costs and the establishment of a program
26		reserve. Beginning January 1, 1999, the Department of Central

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1		Management Services may make expenditures from the Community
2		College Health Insurance Security Fund for those costs.
3		(g) Contract for benefits. The Director shall by contract,
4		self-insurance, or otherwise make available the program of
5		health benefits for community college benefit recipients and
6		their community college dependent beneficiaries that is
7		provided for in this Section. The contract or other
8		arrangement for the provision of these health benefits shall
9		be on terms deemed by the Director to be in the best interest
10		of the State of Illinois and the community college benefit
11		recipients based on, but not limited to, such criteria as
12		administrative cost, service capabilities of the carrier or
13		other contractor, and the costs of the benefits.
14		(h) Continuation of program. It is the intention of the
15		General Assembly that the program of health benefits provided
16		under this Section be maintained on an ongoing, affordable
17		basis. The program of health benefits provided under this
18		Section may be amended by the State and is not intended to be a
19		pension or retirement benefit subject to protection under
20		Article XIII, Section 5 of the Illinois Constitution.
21		(i) Other health benefit plans. A health benefit plan
22		provided by a community college district (other than a
23		community college district subject to Article VII of the
24		Public Community College Act) under the terms of a collective
25		bargaining agreement in effect on or prior to the effective
26		date of this amendatory Act of 1997 shall continue in force

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1		according to the terms of that agreement, unless otherwise
2		mutually agreed by the parties to that agreement and the
3		affected retiree. A community college benefit recipient or
4		community college dependent beneficiary whose coverage under
5		such a plan expires shall be eligible to begin participating
6		in the program established under this Section without any
7		interruption or delay in coverage or limitation as to
8		pre-existing medical conditions.
9		This Act does not prohibit any community college district
10		from offering additional health benefits for its retirees or
11		their dependents or survivors.
12		(j) Committee. A Community College Insurance Program
13		Committee shall be established and shall consist of the
14		following 7 members who are appointed by the Governor: 2
15		members who represent organized labor and are each members of
16		different unions; one member who represents community college
17		retirees; one member who represents community college
18		trustees; one member who represents community college
19		presidents; one member who represents the Illinois Community
20		College Board; and one ex officio member who represents the
21		State Universities Retirement System. The Department of
22		Central Management Services shall provide administrative
23		support to the Committee. The Committee shall convene at least
24		4 times each year and shall review and make recommendations on
25		program contribution rates once the program is forecasted to
26		have satisfied the outstanding program debt existing on June

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1		30, 2023 and is operating on a no-hold payment cycle.
2		(Source: P.A. 100-1017, eff. 8-21-18.)
3		(5 ILCS 375/6.10)
4		Sec. 6.10. Contributions to the Community College Health
5		Insurance Security Fund.
6		(a) Beginning January 1, 1999 and through June 30, 2023,
7		every active contributor of the State Universities Retirement
8		System (established under Article 15 of the Illinois Pension
9		Code) who (1) is a full-time employee of a community college
10		district (other than a community college district subject to
11		Article VII of the Public Community College Act) or an
12		association of community college boards and (2) is not an
13		employee as defined in Section 3 of this Act shall make
14		contributions toward the cost of community college annuitant
15		and survivor health benefits at the rate of 0.50% of salary.
16		Beginning July 1, 2023 and through June 30, 2024, the
17		contribution rate shall be 0.75% of salary. Beginning July 1,
18		2024 and through June 30, 2026, the contribution rate shall be
19		a percentage of salary to be determined by the Department of
20		Central Management Services, which in each fiscal year shall
21		not exceed a 0.1 percentage point increase in the amount of
22		salary actually required to be contributed for the previous
23		fiscal year. Beginning July 1, 2026, the contribution rate
24		shall be a percentage of salary to be determined by the
25		Department of Central Management Services, which in each

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1		fiscal year shall not exceed 105% of the percentage of salary
2		actually required to be contributed for the previous fiscal
3		year.
4		These contributions shall be deducted by the employer and
5		paid to the State Universities Retirement System as service
6		agent for the Department of Central Management Services. The
7		System may use the same processes for collecting the
8		contributions required by this subsection that it uses to
9		collect the contributions received from those employees under
10		Section 15-157 of the Illinois Pension Code. An employer may
11		agree to pick up or pay the contributions required under this
12		subsection on behalf of the employee; such contributions shall
13		be deemed to have been paid by the employee.
14		The State Universities Retirement System shall promptly
15		deposit all moneys collected under this subsection (a) into
16		the Community College Health Insurance Security Fund created
17		in Section 6.9 of this Act. The moneys collected under this
18		Section shall be used only for the purposes authorized in
19		Section 6.9 of this Act and shall not be considered to be
20		assets of the State Universities Retirement System.
21		Contributions made under this Section are not transferable to
22		other pension funds or retirement systems and are not
23		refundable upon termination of service.
24		(b) Beginning January 1, 1999 and through June 30, 2023,
25		every community college district (other than a community
26		college district subject to Article VII of the Public

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1		Community College Act) or association of community college
2		boards that is an employer under the State Universities
3		Retirement System shall contribute toward the cost of the
4		community college health benefits provided under Section 6.9
5		of this Act an amount equal to 0.50% of the salary paid to its
6		full-time employees who participate in the State Universities
7		Retirement System and are not members as defined in Section 3
8		of this Act. Beginning July 1, 2023 and through June 30, 2024,
9		the contribution rate shall be 0.75% of the salary. Beginning
10		July 1, 2024 and through June 30, 2026, the contribution rate
11		shall be a percentage of salary to be determined by the
12		Department of Central Management Services, which in each
13		fiscal year shall not exceed a 0.1 percentage point increase
14		in the amount of salary actually required to be contributed
15		for the previous fiscal year. Beginning July 1, 2026, the
16		contribution rate shall be a percentage of salary to be
17		determined by the Department of Central Management Services,
18		which in each fiscal year shall not exceed 105% of the
19		percentage of salary actually required to be contributed for
20		the previous fiscal year.
21		These contributions shall be paid by the employer to the
22		State Universities Retirement System as service agent for the
23		Department of Central Management Services. The System may use
24		the same processes for collecting the contributions required
25		by this subsection that it uses to collect the contributions
26		received from those employers under Section 15-155 of the

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1		Illinois Pension Code.
2		The State Universities Retirement System shall promptly
3		deposit all moneys collected under this subsection (b) into
4		the Community College Health Insurance Security Fund created
5		in Section 6.9 of this Act. The moneys collected under this
6		Section shall be used only for the purposes authorized in
7		Section 6.9 of this Act and shall not be considered to be
8		assets of the State Universities Retirement System.
9		Contributions made under this Section are not transferable to
10		other pension funds or retirement systems and are not
11		refundable upon termination of service.
12		The Department of Central Management Services, or any
13		successor agency designated to procure healthcare contracts
14		pursuant to this Act, is authorized to establish funds,
15		separate accounts provided by any bank or banks as defined by
16		the Illinois Banking Act, or separate accounts provided by any
17		savings and loan association or associations as defined by the
18		Illinois Savings and Loan Act of 1985 to be held by the
19		Director, outside the State treasury, for the purpose of
20		receiving the transfer of moneys from the Community College
21		Health Insurance Security Fund. The Department may promulgate
22		rules further defining the methodology for the transfers. Any
23		interest earned by moneys in the funds or accounts shall inure
24		to the Community College Health Insurance Security Fund. The
25		transferred moneys, and interest accrued thereon, shall be
26		used exclusively for transfers to administrative service

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1		organizations or their financial institutions for payments of
2		claims to claimants and providers under the self-insurance
3		health plan. The transferred moneys, and interest accrued
4		thereon, shall not be used for any other purpose including,
5		but not limited to, reimbursement of administration fees due
6		the administrative service organization pursuant to its
7		contract or contracts with the Department.
8		(c) On or before November 15 of each year, the Board of
9		Trustees of the State Universities Retirement System shall
10		certify to the Governor, the Director of Central Management
11		Services, and the State Comptroller its estimate of the total
12		amount of contributions to be paid under subsection (a) of
13		this Section for the next fiscal year. Beginning in fiscal
14		year 2008, the amount certified shall be decreased or
15		increased each year by the amount that the actual active
16		employee contributions either fell short of or exceeded the
17		estimate used by the Board in making the certification for the
18		previous fiscal year. The State Universities Retirement System
19		shall calculate the amount of actual active employee
20		contributions in fiscal years 1999 through 2005. Based upon
21		this calculation, the fiscal year 2008 certification shall
22		include an amount equal to the cumulative amount that the
23		actual active employee contributions either fell short of or
24		exceeded the estimate used by the Board in making the
25		certification for those fiscal years. The certification shall
26		include a detailed explanation of the methods and information

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1		that the Board relied upon in preparing its estimate. As soon
2		as possible after the effective date of this Section, the
3		Board shall submit its estimate for fiscal year 1999.
4		On or after the effective date of the changes made to this
5		Section by this amendatory Act of the 103rd General Assembly,
6		but no later than June 30, 2023, the Board shall recalculate
7		and recertify to the Governor, the Director of Central
8		Management Services, and the State Comptroller its estimate of
9		the total amount of contributions to be paid under subsection
10		(a) for State fiscal year 2024, taking into account the
11		changes in required employee contributions made by this
12		amendatory Act of the 103rd General Assembly.
13		(d) Beginning in fiscal year 1999, on the first day of each
14		month, or as soon thereafter as may be practical, the State
15		Treasurer and the State Comptroller shall transfer from the
16		General Revenue Fund to the Community College Health Insurance
17		Security Fund 1/12 of the annual amount appropriated for that
18		fiscal year to the State Comptroller for deposit into the
19		Community College Health Insurance Security Fund under Section
20		1.4 of the State Pension Funds Continuing Appropriation Act.
21		(e) Except where otherwise specified in this Section, the
22		definitions that apply to Article 15 of the Illinois Pension
23		Code apply to this Section.
24		(Source: P.A. 98-488, eff. 8-16-13.)
25		Section 5-15. The State Treasurer Act is amended by

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1		changing Section 16.8 as follows:
2		(15 ILCS 505/16.8)
3		Sec. 16.8. Illinois Higher Education Savings Program.
4		(a) Definitions. As used in this Section:
5		"Beneficiary" means an eligible child named as a recipient
6		of seed funds.
7		"Eligible child" means a child born or adopted after
8		December 31, 2022, to a parent who is a resident of Illinois at
9		the time of the birth or adoption, as evidenced by
10		documentation received by the Treasurer from the Department of
11		Revenue, the Department of Public Health, or another State or
12		local government agency.
13		"Eligible educational institution" means institutions that
14		are described in Section 1001 of the federal Higher Education
15		Act of 1965 that are eligible to participate in Department of
16		Education student aid programs.
17		"Fund" means the Illinois Higher Education Savings Program
18		Fund.
19		"Omnibus account" means the pooled collection of seed
20		funds owned and managed by the State Treasurer in the College
21		Savings Pool under this Act.
22		"Program" means the Illinois Higher Education Savings
23		Program.
24		"Qualified higher education expense" means the following:
25		(i) tuition, fees, and the costs of books, supplies, and

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1		equipment required for enrollment or attendance at an eligible
2		educational institution; (ii) expenses for special needs
3		services, in the case of a special needs beneficiary, which
4		are incurred in connection with such enrollment or attendance;
5		(iii) certain expenses for the purchase of computer or
6		peripheral equipment, computer software, or Internet access
7		and related services as defined under Section 529 of the
8		Internal Revenue Code; (iv) room and board expenses incurred
9		while attending an eligible educational institution at least
10		half-time; (v) expenses for fees, books, supplies, and
11		equipment required for the participation of a designated
12		beneficiary in an apprenticeship program registered and
13		certified with the Secretary of Labor under the National
14		Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as
15		principal or interest on any qualified education loan of the
16		designated beneficiary or a sibling of the designated
17		beneficiary, as allowed under Section 529 of the Internal
18		Revenue Code.
19		"Seed funds" means the deposit made by the State Treasurer
20		into the Omnibus Accounts for Program beneficiaries.
21		(b) Program established. The State Treasurer shall
22		establish the Illinois Higher Education Savings Program as a
23		part of the College Savings Pool under Section 16.5 of this
24		Act, subject to appropriation by the General Assembly. The
25		State Treasurer shall administer the Program for the purposes
26		of expanding access to higher education through savings.

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1		(c) Program enrollment. The State Treasurer shall enroll
2		all eligible children in the Program beginning in 2023, after
3		receiving records of recent births, adoptions, or dependents
4		from the Department of Revenue, the Department of Public
5		Health, or another State or local government agency designated
6		by the Treasurer. Notwithstanding any court order which would
7		otherwise prevent the release of information, the Department
8		of Public Health is authorized to release the information
9		specified under this subsection (c) to the State Treasurer for
10		the purposes of the Program established under this Section.
11		(1) Beginning in 2021, the Department of Public Health
12		shall provide the State Treasurer with information on
13		recent Illinois births and adoptions including, but not
14		limited to: the full name, residential address, birth
15		date, and birth record number of the child and the full
16		name and residential address of the child's parent or
17		legal guardian for the purpose of enrolling eligible
18		children in the Program. This data shall be provided to
19		the State Treasurer by the Department of Public Health on
20		a quarterly basis, no later than 30 days after the end of
21		each quarter, or some other date and frequency as mutually
22		agreed to by the State Treasurer and the Department of
23		Public Health.
24		(1.5) Beginning in 2021, the Department of Revenue
25		shall provide the State Treasurer with information on tax
26		filers claiming dependents or the adoption tax credit

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1		including, but not limited to: the full name, residential
2		address, email address, phone number, birth date, and
3		social security number or taxpayer identification number
4		of the dependent child and of the child's parent or legal
5		guardian for the purpose of enrolling eligible children in
6		the Program. This data shall be provided to the State
7		Treasurer by the Department of Revenue on at least an
8		annual basis, by July 1 of each year or another date
9		jointly determined by the State Treasurer and the
10		Department of Revenue. Notwithstanding anything to the
11		contrary contained within this paragraph (2), the
12		Department of Revenue shall not be required to share any
13		information that would be contrary to federal law,
14		regulation, or Internal Revenue Service Publication 1075.
15		(2) The State Treasurer shall ensure the security and
16		confidentiality of the information provided by the
17		Department of Revenue, the Department of Public Health, or
18		another State or local government agency, and it shall not
19		be subject to release under the Freedom of Information
20		Act.
21		(3) Information provided under this Section shall only
22		be used by the State Treasurer for the Program and shall
23		not be used for any other purpose.
24		(4) The State Treasurer and any vendors working on the
25		Program shall maintain strict confidentiality of any
26		information provided under this Section, and shall

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1		promptly provide written or electronic notice to the
2		providing agency of any security breach. The providing
3		State or local government agency shall remain the sole and
4		exclusive owner of information provided under this
5		Section.
6		(d) Seed funds. After receiving information on recent
7		births, adoptions, or dependents from the Department of
8		Revenue, the Department of Public Health, or another State or
9		local government agency, the State Treasurer shall make
10		deposits into an omnibus account on behalf of eligible
11		children. The State Treasurer shall be the owner of the
12		omnibus accounts.
13		(1) Deposit amount. The seed fund deposit for each
14		eligible child shall be in the amount of $50. This amount
15		may be increased by the State Treasurer by rule. The State
16		Treasurer may use or deposit funds appropriated by the
17		General Assembly together with moneys received as gifts,
18		grants, or contributions into the Fund. If insufficient
19		funds are available in the Fund, the State Treasurer may
20		reduce the deposit amount or forego deposits.
21		(2) Use of seed funds. Seed funds, including any
22		interest, dividends, and other earnings accrued, will be
23		eligible for use by a beneficiary for qualified higher
24		education expenses if:
25		(A) the parent or guardian of the eligible child
26		claimed the seed funds for the beneficiary by the

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1		beneficiary's 10th birthday;
2		(B) the beneficiary has completed secondary
3		education or has reached the age of 18; and
4		(C) the beneficiary is currently a resident of the
5		State of Illinois. Non-residents are not eligible to
6		claim or use seed funds.
7		(3) Notice of seed fund availability. The State
8		Treasurer shall make a good faith effort to notify
9		beneficiaries and their parents or legal guardians of the
10		seed funds' availability and the deadline to claim such
11		funds.
12		(4) Unclaimed seed funds. Seed funds and any interest
13		earnings that are unclaimed by the beneficiary's 10th
14		birthday or unused by the beneficiary's 26th birthday will
15		be considered forfeited. Unclaimed and unused seed funds
16		and any interest earnings will remain in the omnibus
17		account for future beneficiaries.
18		(e) Financial education. The State Treasurer may develop
19		educational materials that support the financial literacy of
20		beneficiaries and their legal guardians, and may do so in
21		collaboration with State and federal agencies, including, but
22		not limited to, the Illinois State Board of Education and
23		existing nonprofit agencies with expertise in financial
24		literacy and education.
25		(f) Supplementary deposits and partnerships. The State
26		Treasurer may make supplementary deposits to children in

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1		financially insecure households if sufficient funds are
2		available. Furthermore, the State Treasurer may develop
3		partnerships with private, nonprofit, or governmental
4		organizations to provide additional savings incentives,
5		including conditional cash transfers or matching contributions
6		that provide a savings incentive based on specific actions
7		taken or other criteria.
8		(g) Illinois Higher Education Savings Program Fund. The
9		Illinois Higher Education Savings Program Fund is hereby
10		established as a special fund in the State treasury. The Fund
11		shall be the official repository of all contributions,
12		appropriated funds, interest, and dividend payments, gifts, or
13		other financial assets received by the State Treasurer in
14		connection with the operation of the Program or related
15		partnerships. All such moneys shall be deposited into in the
16		Fund and held by the State Treasurer as custodian thereof. The
17		State Treasurer may accept gifts, grants, awards, matching
18		contributions, interest income, and appropriated funds from
19		individuals, businesses, governments, and other third-party
20		sources to implement the Program on terms that the Treasurer
21		deems advisable. All interest or other earnings accruing or
22		received on amounts in the Illinois Higher Education Savings
23		Program Fund shall be credited to and retained by the Fund and
24		used for the benefit of the Program. Assets of the Fund must at
25		all times be preserved, invested, and expended only for the
26		purposes of the Program and must be held for the benefit of the

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1		beneficiaries. Assets may not be transferred or used by the
2		State or the State Treasurer for any purposes other than the
3		purposes of the Program. In addition, no moneys, interest, or
4		other earnings paid into the Fund shall be used, temporarily
5		or otherwise, for inter-fund borrowing or be otherwise used or
6		appropriated except as expressly authorized by this Act.
7		Notwithstanding the requirements of this subsection (g),
8		amounts in the Fund may be used by the State Treasurer to pay
9		the administrative costs of the Program.
10		(g-5) Fund deposits and payments. On July 15 of each year,
11		beginning July 15, 2023, or as soon thereafter as practical,
12		the State Comptroller shall direct and the State Treasurer
13		shall transfer the sum of $2,500,000, or the amount that is
14		appropriated annually by the General Assembly, whichever is
15		greater, from the General Revenue Fund to the Illinois Higher
16		Education Savings Program Fund to be used for the
17		administration and operation of the Program.
18		(h) Audits and reports. The State Treasurer shall include
19		the Illinois Higher Education Savings Program as part of the
20		audit of the College Savings Pool described in Section 16.5.
21		The State Treasurer shall annually prepare a report that
22		includes a summary of the Program operations for the preceding
23		fiscal year, including the number of children enrolled in the
24		Program, the total amount of seed fund deposits, the rate of
25		seed deposits claimed, and, to the extent data is reported and
26		available, the racial, ethnic, socioeconomic, and geographic

HB3817 Enrolled - 22 - LRB103 30519 DTM 56952 b
1		data of beneficiaries and of children in financially insecure
2		households who may receive automatic bonus deposits. Such
3		other information that is relevant to make a full disclosure
4		of the operations of the Program and Fund may also be reported.
5		The report shall be made available on the Treasurer's website
6		by January 31 each year, starting in January of 2024. The State
7		Treasurer may include the Program in other reports as
8		warranted.
9		(i) Rules. The State Treasurer may adopt rules necessary
10		to implement this Section.
11		(Source: P.A. 101-466, eff. 1-1-20; 102-129, eff. 7-23-21;
12		102-558, eff. 8-20-21; 102-1047, eff. 1-1-23.)
13		Section 5-16. The Community Development Loan Guarantee Act
14		is amended by changing Section 30-35 and by adding Section
15		30-36 as follows:
16		(15 ILCS 516/30-35)
17		Sec. 30-35. Limitations on funding. The State Treasurer
18		may allocate use up to $10,000,000 of investment earnings each
19		year for the Loan Guarantee Program, provided that no more
20		than $50,000,000 may be used for guaranteeing loans at any
21		given time. The State Treasurer shall make the allocation to
22		the Loan Guarantee Administrative Trust Fund prior to
23		allocating interest from the gross earnings of the State
24		investment portfolio.

HB3817 Enrolled - 23 - LRB103 30519 DTM 56952 b
1		(Source: P.A. 101-657, eff. 3-23-21.)
2		(15 ILCS 516/30-36 new)
3		Sec. 30-36. Loan Guarantee Administrative Trust Fund. The
4		Loan Guarantee Administrative Trust Fund is created as a
5		nonappropriated trust fund within the State treasury. Moneys
6		in the Fund may be used by the State Treasurer to guarantee
7		loans and to cover administrative expenses related to the
8		Program. The Fund may receive any grants or other moneys
9		designated for administrative purposes from the State, from
10		any unit of federal, State, or local government, or from any
11		other person, firm, partnership, or corporation.
12		Section 5-17. The Substance Use Disorder Act is amended by
13		changing Section 5-10 as follows:
14		(20 ILCS 301/5-10)
15		Sec. 5-10. Functions of the Department.
16		(a) In addition to the powers, duties and functions vested
17		in the Department by this Act, or by other laws of this State,
18		the Department shall carry out the following activities:
19		(1) Design, coordinate and fund comprehensive
20		community-based and culturally and gender-appropriate
21		services throughout the State. These services must include
22		prevention, early intervention, treatment, and other
23		recovery support services for substance use disorders that

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1		are accessible and address addresses the needs of at-risk
2		individuals and their families.
3		(2) Act as the exclusive State agency to accept,
4		receive and expend, pursuant to appropriation, any public
5		or private monies, grants or services, including those
6		received from the federal government or from other State
7		agencies, for the purpose of providing prevention, early
8		intervention, treatment, and other recovery support
9		services for substance use disorders.
10		(2.5) In partnership with the Department of Healthcare
11		and Family Services, act as one of the principal State
12		agencies for the sole purpose of calculating the
13		maintenance of effort requirement under Section 1930 of
14		Title XIX, Part B, Subpart II of the Public Health Service
15		Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
16		96.134).
17		(3) Coordinate a statewide strategy for the
18		prevention, early intervention, treatment, and recovery
19		support of substance use disorders. This strategy shall
20		include the development of a comprehensive plan, submitted
21		annually with the application for federal substance use
22		disorder block grant funding, for the provision of an
23		array of such services. The plan shall be based on local
24		community-based needs and upon data including, but not
25		limited to, that which defines the prevalence of and costs
26		associated with substance use disorders. This

HB3817 Enrolled - 25 - LRB103 30519 DTM 56952 b
1		comprehensive plan shall include identification of
2		problems, needs, priorities, services and other pertinent
3		information, including the needs of minorities and other
4		specific priority populations in the State, and shall
5		describe how the identified problems and needs will be
6		addressed. For purposes of this paragraph, the term
7		"minorities and other specific priority populations" may
8		include, but shall not be limited to, groups such as
9		women, children, intravenous drug users, persons with AIDS
10		or who are HIV infected, veterans, African-Americans,
11		Puerto Ricans, Hispanics, Asian Americans, the elderly,
12		persons in the criminal justice system, persons who are
13		clients of services provided by other State agencies,
14		persons with disabilities and such other specific
15		populations as the Department may from time to time
16		identify. In developing the plan, the Department shall
17		seek input from providers, parent groups, associations and
18		interested citizens.
19		The plan developed under this Section shall include an
20		explanation of the rationale to be used in ensuring that
21		funding shall be based upon local community needs,
22		including, but not limited to, the incidence and
23		prevalence of, and costs associated with, substance use
24		disorders, as well as upon demonstrated program
25		performance.
26		The plan developed under this Section shall also

HB3817 Enrolled - 26 - LRB103 30519 DTM 56952 b
1		contain a report detailing the activities of and progress
2		made through services for the care and treatment of
3		substance use disorders among pregnant women and mothers
4		and their children established under subsection (j) of
5		Section 35-5.
6		As applicable, the plan developed under this Section
7		shall also include information about funding by other
8		State agencies for prevention, early intervention,
9		treatment, and other recovery support services.
10		(4) Lead, foster and develop cooperation, coordination
11		and agreements among federal and State governmental
12		agencies and local providers that provide assistance,
13		services, funding or other functions, peripheral or
14		direct, in the prevention, early intervention, treatment,
15		and recovery support for substance use disorders. This
16		shall include, but shall not be limited to, the following:
17		(A) Cooperate with and assist other State
18		agencies, as applicable, in establishing and
19		conducting substance use disorder services among the
20		populations they respectively serve.
21		(B) Cooperate with and assist the Illinois
22		Department of Public Health in the establishment,
23		funding and support of programs and services for the
24		promotion of maternal and child health and the
25		prevention and treatment of infectious diseases,
26		including but not limited to HIV infection, especially

HB3817 Enrolled - 27 - LRB103 30519 DTM 56952 b
1		with respect to those persons who are high risk due to
2		intravenous injection of illegal drugs, or who may
3		have been sexual partners of these individuals, or who
4		may have impaired immune systems as a result of a
5		substance use disorder.
6		(C) Supply to the Department of Public Health and
7		prenatal care providers a list of all providers who
8		are licensed to provide substance use disorder
9		treatment for pregnant women in this State.
10		(D) Assist in the placement of child abuse or
11		neglect perpetrators (identified by the Illinois
12		Department of Children and Family Services (DCFS)) who
13		have been determined to be in need of substance use
14		disorder treatment pursuant to Section 8.2 of the
15		Abused and Neglected Child Reporting Act.
16		(E) Cooperate with and assist DCFS in carrying out
17		its mandates to:
18		(i) identify substance use disorders among its
19		clients and their families; and
20		(ii) develop services to deal with such
21		disorders.
22		These services may include, but shall not be limited
23		to, programs to prevent or treat substance use
24		disorders with DCFS clients and their families,
25		identifying child care needs within such treatment,
26		and assistance with other issues as required.

HB3817 Enrolled - 28 - LRB103 30519 DTM 56952 b
1		(F) Cooperate with and assist the Illinois
2		Criminal Justice Information Authority with respect to
3		statistical and other information concerning the
4		incidence and prevalence of substance use disorders.
5		(G) Cooperate with and assist the State
6		Superintendent of Education, boards of education,
7		schools, police departments, the Illinois State
8		Police, courts and other public and private agencies
9		and individuals in establishing prevention programs
10		statewide and preparing curriculum materials for use
11		at all levels of education.
12		(H) Cooperate with and assist the Illinois
13		Department of Healthcare and Family Services in the
14		development and provision of services offered to
15		recipients of public assistance for the treatment and
16		prevention of substance use disorders.
17		(I) (Blank).
18		(5) From monies appropriated to the Department from
19		the Drunk and Drugged Driving Prevention Fund, reimburse
20		DUI evaluation and risk education programs licensed by the
21		Department for providing indigent persons with free or
22		reduced-cost evaluation and risk education services
23		relating to a charge of driving under the influence of
24		alcohol or other drugs.
25		(6) Promulgate regulations to identify and disseminate
26		best practice guidelines that can be utilized by publicly

HB3817 Enrolled - 29 - LRB103 30519 DTM 56952 b
1		and privately funded programs as well as for levels of
2		payment to government funded programs that provide
3		prevention, early intervention, treatment, and other
4		recovery support services for substance use disorders and
5		those services referenced in Sections 15-10 and 40-5.
6		(7) In consultation with providers and related trade
7		associations, specify a uniform methodology for use by
8		funded providers and the Department for billing and
9		collection and dissemination of statistical information
10		regarding services related to substance use disorders.
11		(8) Receive data and assistance from federal, State
12		and local governmental agencies, and obtain copies of
13		identification and arrest data from all federal, State and
14		local law enforcement agencies for use in carrying out the
15		purposes and functions of the Department.
16		(9) Designate and license providers to conduct
17		screening, assessment, referral and tracking of clients
18		identified by the criminal justice system as having
19		indications of substance use disorders and being eligible
20		to make an election for treatment under Section 40-5 of
21		this Act, and assist in the placement of individuals who
22		are under court order to participate in treatment.
23		(10) Identify and disseminate evidence-based best
24		practice guidelines as maintained in administrative rule
25		that can be utilized to determine a substance use disorder
26		diagnosis.

HB3817 Enrolled - 30 - LRB103 30519 DTM 56952 b
1		(11) (Blank).
2		(12) Make grants with funds appropriated from the Drug
3		Treatment Fund in accordance with Section 7 of the
4		Controlled Substance and Cannabis Nuisance Act, or in
5		accordance with Section 80 of the Methamphetamine Control
6		and Community Protection Act, or in accordance with
7		subsections (h) and (i) of Section 411.2 of the Illinois
8		Controlled Substances Act, or in accordance with Section
9		6z-107 of the State Finance Act.
10		(13) Encourage all health and disability insurance
11		programs to include substance use disorder treatment as a
12		covered service and to use evidence-based best practice
13		criteria as maintained in administrative rule and as
14		required in Public Act 99-0480 in determining the
15		necessity for such services and continued stay.
16		(14) Award grants and enter into fixed-rate and
17		fee-for-service arrangements with any other department,
18		authority or commission of this State, or any other state
19		or the federal government or with any public or private
20		agency, including the disbursement of funds and furnishing
21		of staff, to effectuate the purposes of this Act.
22		(15) Conduct a public information campaign to inform
23		the State's Hispanic residents regarding the prevention
24		and treatment of substance use disorders.
25		(b) In addition to the powers, duties and functions vested
26		in it by this Act, or by other laws of this State, the

HB3817 Enrolled - 31 - LRB103 30519 DTM 56952 b
1		Department may undertake, but shall not be limited to, the
2		following activities:
3		(1) Require all organizations licensed or funded by
4		the Department to include an education component to inform
5		participants regarding the causes and means of
6		transmission and methods of reducing the risk of acquiring
7		or transmitting HIV infection and other infectious
8		diseases, and to include funding for such education
9		component in its support of the program.
10		(2) Review all State agency applications for federal
11		funds that include provisions relating to the prevention,
12		early intervention and treatment of substance use
13		disorders in order to ensure consistency.
14		(3) Prepare, publish, evaluate, disseminate and serve
15		as a central repository for educational materials dealing
16		with the nature and effects of substance use disorders.
17		Such materials may deal with the educational needs of the
18		citizens of Illinois, and may include at least pamphlets
19		that describe the causes and effects of fetal alcohol
20		spectrum disorders.
21		(4) Develop and coordinate, with regional and local
22		agencies, education and training programs for persons
23		engaged in providing services for persons with substance
24		use disorders, which programs may include specific HIV
25		education and training for program personnel.
26		(5) Cooperate with and assist in the development of

HB3817 Enrolled - 32 - LRB103 30519 DTM 56952 b
1		education, prevention, early intervention, and treatment
2		programs for employees of State and local governments and
3		businesses in the State.
4		(6) Utilize the support and assistance of interested
5		persons in the community, including recovering persons, to
6		assist individuals and communities in understanding the
7		dynamics of substance use disorders, and to encourage
8		individuals with substance use disorders to voluntarily
9		undergo treatment.
10		(7) Promote, conduct, assist or sponsor basic
11		clinical, epidemiological and statistical research into
12		substance use disorders and research into the prevention
13		of those problems either solely or in conjunction with any
14		public or private agency.
15		(8) Cooperate with public and private agencies,
16		organizations and individuals in the development of
17		programs, and to provide technical assistance and
18		consultation services for this purpose.
19		(9) (Blank).
20		(10) (Blank).
21		(11) Fund, promote, or assist entities dealing with
22		substance use disorders.
23		(12) With monies appropriated from the Group Home Loan
24		Revolving Fund, make loans, directly or through
25		subcontract, to assist in underwriting the costs of
26		housing in which individuals recovering from substance use

HB3817 Enrolled - 33 - LRB103 30519 DTM 56952 b
1		disorders may reside, pursuant to Section 50-40 of this
2		Act.
3		(13) Promulgate such regulations as may be necessary
4		to carry out the purposes and enforce the provisions of
5		this Act.
6		(14) Provide funding to help parents be effective in
7		preventing substance use disorders by building an
8		awareness of the family's role in preventing substance use
9		disorders through adjusting expectations, developing new
10		skills, and setting positive family goals. The programs
11		shall include, but not be limited to, the following
12		subjects: healthy family communication; establishing rules
13		and limits; how to reduce family conflict; how to build
14		self-esteem, competency, and responsibility in children;
15		how to improve motivation and achievement; effective
16		discipline; problem solving techniques; and how to talk
17		about drugs and alcohol. The programs shall be open to all
18		parents.
19		(15) Establish an Opioid Remediation Services Capital
20		Investment Grant Program. The Department may, subject to
21		appropriation and approval through the Opioid Overdose
22		Prevention and Recovery Steering Committee, after
23		recommendation by the Illinois Opioid Remediation Advisory
24		Board, and certification by the Office of the Attorney
25		General, make capital improvement grants to units of local
26		government and substance use prevention, treatment, and

HB3817 Enrolled - 34 - LRB103 30519 DTM 56952 b
1		recovery service providers addressing opioid remediation
2		in the State for approved abatement uses under the
3		Illinois Opioid Allocation Agreement. The Illinois Opioid
4		Remediation State Trust Fund shall be the source of
5		funding for the program. Eligible grant recipients shall
6		be units of local government and substance use prevention,
7		treatment, and recovery service providers that offer
8		facilities and services in a manner that supports and
9		meets the approved uses of the opioid settlement funds.
10		Eligible grant recipients have no entitlement to a grant
11		under this Section. The Department of Human Services may
12		consult with the Capital Development Board, the Department
13		of Commerce and Economic Opportunity, and the Illinois
14		Housing Development Authority to adopt rules to implement
15		this Section and may create a competitive application
16		procedure for grants to be awarded. The rules may specify
17		the manner of applying for grants; grantee eligibility
18		requirements; project eligibility requirements;
19		restrictions on the use of grant moneys; the manner in
20		which grantees must account for the use of grant moneys;
21		and any other provision that the Department of Human
22		Services determines to be necessary or useful for the
23		administration of this Section. Rules may include a
24		requirement for grantees to provide local matching funds
25		in an amount equal to a specific percentage of the grant.
26		No portion of an opioid remediation services capital

HB3817 Enrolled - 35 - LRB103 30519 DTM 56952 b
1		investment grant awarded under this Section may be used by
2		a grantee to pay for any ongoing operational costs or
3		outstanding debt. The Department of Human Services may
4		consult with the Capital Development Board, the Department
5		of Commerce and Economic Opportunity, and the Illinois
6		Housing Development Authority in the management and
7		disbursement of funds for capital-related projects. The
8		Capital Development Board, the Department of Commerce and
9		Economic Opportunity, and the Illinois Housing Development
10		Authority shall act in a consulting role only for the
11		evaluation of applicants, scoring of applicants, or
12		administration of the grant program.
13		(c) There is created within the Department of Human
14		Services an Office of Opioid Settlement Administration. The
15		Office shall be responsible for implementing and administering
16		approved abatement programs as described in Exhibit B of the
17		Illinois Opioid Allocation Agreement, effective December 30,
18		2021. The Office may also implement and administer other
19		opioid-related programs, including but not limited to
20		prevention, treatment, and recovery services from other funds
21		made available to the Department of Human Services. The
22		Secretary of Human Services shall appoint or assign staff as
23		necessary to carry out the duties and functions of the Office.
24		(Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21;
25		102-699, eff. 4-19-22.)

HB3817 Enrolled - 36 - LRB103 30519 DTM 56952 b
1		Section 5-20. The Department of Central Management
2		Services Law of the Civil Administrative Code of Illinois is
3		amended by changing Section 405-293 as follows:
4		(20 ILCS 405/405-293)
5		Sec. 405-293. Professional Services.
6		(a) The Department of Central Management Services (the
7		"Department") is responsible for providing professional
8		services for or on behalf of State agencies for all functions
9		transferred to the Department by Executive Order No. 2003-10
10		(as modified by Section 5.5 of the Executive Reorganization
11		Implementation Act) and may, with the approval of the
12		Governor, provide additional services to or on behalf of State
13		agencies. To the extent not compensated by direct fund
14		transfers, the Department shall be reimbursed from each State
15		agency receiving the benefit of these services. The
16		reimbursement shall be determined by the Director of Central
17		Management Services as the amount required to reimburse the
18		Professional Services Fund for the Department's costs of
19		rendering the professional services on behalf of that State
20		agency. For purposes of this Section, funds due the Department
21		for professional services may be made through appropriations
22		to the Department from the General Revenue Fund, as determined
23		by and provided for by the General Assembly.
24		(a-5) The Department of Central Management Services may
25		provide professional services and other services as authorized

HB3817 Enrolled - 37 - LRB103 30519 DTM 56952 b
1		by subsection (a) for or on behalf of other State entities with
2		the approval of both the Director of Central Management
3		Services and the appropriate official or governing body of the
4		other State entity.
5		(b) For the purposes of this Section, "State agency" means
6		each State agency, department, board, and commission directly
7		responsible to the Governor. "Professional services" means
8		legal services, internal audit services, and other services as
9		approved by the Governor. "Other State entity" means the
10		Illinois State Board of Education and the Illinois State Toll
11		Highway Authority.
12		(Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)
13		Section 5-25. The Children and Family Services Act is
14		amended by changing Section 25 as follows:
15		(20 ILCS 505/25) (from Ch. 23, par. 5025)
16		Sec. 25. Funds Grants, gifts, or legacies; Putative Father
17		Registry fees.
18		(a) The DCFS Special Purposes Trust Fund is created as a
19		trust fund in the State treasury. The Department is authorized
20		to accept and deposit into the Fund moneys received from
21		grants, gifts, or any other source, public or private, in
22		support of the activities authorized by this Act or on behalf
23		of any institution or program of the Department. Moneys
24		received from federal sources or pursuant to Section 8.27 of

HB3817 Enrolled - 38 - LRB103 30519 DTM 56952 b
1		the State Finance Act or Section 5-9-1.8 of the Unified Code of
2		Corrections shall not be deposited into the Fund To accept and
3		hold in behalf of the State, if for the public interest, a
4		grant, gift or legacy of money or property to the State of
5		Illinois, to the Department, or to any institution or program
6		of the Department made in trust for the maintenance or support
7		of a resident of an institution of the Department, or for any
8		other legitimate purpose connected with such institution or
9		program. The Department shall cause each gift, grant or legacy
10		to be kept as a distinct fund, and shall invest the same in the
11		manner provided by the laws of this State as the same now
12		exist, or shall hereafter be enacted, relating to securities
13		in which the deposit in savings banks may be invested. But the
14		Department may, in its discretion, deposit in a proper trust
15		company or savings bank, during the continuance of the trust,
16		any fund so left in trust for the life of a person, and shall
17		adopt rules and regulations governing the deposit, transfer,
18		or withdrawal of such fund. The Department shall on the
19		expiration of any trust as provided in any instrument creating
20		the same, dispose of the fund thereby created in the manner
21		provided in such instrument. The Department shall include in
22		its required reports a statement showing what funds are so
23		held by it and the condition thereof. Monies found on
24		residents at the time of their admission, or accruing to them
25		during their period of institutional care, and monies
26		deposited with the superintendents by relatives, guardians or

HB3817 Enrolled - 39 - LRB103 30519 DTM 56952 b
1		friends of residents for the special comfort and pleasure of
2		such resident, shall remain in the custody of such
3		superintendents who shall act as trustees for disbursement to,
4		in behalf of, or for the benefit of such resident. All types of
5		retirement and pension benefits from private and public
6		sources may be paid directly to the superintendent of the
7		institution where the person is a resident, for deposit to the
8		resident's trust fund account.
9		(b) The Department shall deposit hold all Putative Father
10		Registry fees collected under Section 12.1 of the Adoption Act
11		into the DCFS Special Purposes Trust Fund in a distinct fund
12		for the Department's use in maintaining the Putative Father
13		Registry. The Department shall invest the moneys in the fund
14		in the same manner as moneys in the funds described in
15		subsection (a) and shall include in its required reports a
16		statement showing the condition of the fund.
17		(c) The DCFS Federal Projects Fund is created as a federal
18		trust fund in the State treasury. Moneys in the DCFS Federal
19		Projects Fund shall be used for the specific purposes
20		established by the terms and conditions of the federal grant
21		or award and for other authorized expenses in accordance with
22		federal requirements.
23		(Source: P.A. 94-1010, eff. 10-1-06.)
24		Section 5-30. The Illinois Promotion Act is amended by
25		changing Section 3, 4a, and 8a as follows:

HB3817 Enrolled - 40 - LRB103 30519 DTM 56952 b
1		(20 ILCS 665/3) (from Ch. 127, par. 200-23)
2		Sec. 3. Definitions. The following words and terms,
3		whenever used or referred to in this Act, shall have the
4		following meanings, except where the context may otherwise
5		require:
6		(a) "Department" means the Department of Commerce and
7		Economic Opportunity of the State of Illinois.
8		(b) "Local promotion group" means any non-profit
9		corporation, organization, association, agency or committee
10		thereof formed for the primary purpose of publicizing,
11		promoting, advertising or otherwise encouraging the
12		development of tourism in any municipality, county, or region
13		of Illinois.
14		(c) "Promotional activities" means preparing, planning and
15		conducting campaigns of information, advertising and publicity
16		through such media as newspapers, radio, television,
17		magazines, trade journals, moving and still photography,
18		posters, outdoor signboards and personal contact within and
19		without the State of Illinois; dissemination of information,
20		advertising, publicity, photographs and other literature and
21		material designed to carry out the purpose of this Act; and
22		participation in and attendance at meetings and conventions
23		concerned primarily with tourism, including travel to and from
24		such meetings.
25		(d) "Municipality" means "municipality" as defined in

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1		Section 1-1-2 of the Illinois Municipal Code, as heretofore
2		and hereafter amended.
3		(e) "Tourism" means travel 50 miles or more one-way or an
4		overnight trip outside of a person's normal routine.
5		(f) "Municipal amateur sports facility" means a sports
6		facility that: (1) is owned by a unit of local government; (2)
7		has contiguous indoor sports competition space; (3) is
8		designed to principally accommodate and host amateur
9		competitions for youths, adults, or both; and (4) is not used
10		for professional sporting events where participants are
11		compensated for their participation.
12		(g) "Municipal convention center" means a convention
13		center or civic center owned by a unit of local government or
14		operated by a convention center authority, or a municipal
15		convention hall as defined in paragraph (1) of Section 11-65-1
16		of the Illinois Municipal Code, with contiguous exhibition
17		space ranging between 30,000 and 125,000 square feet.
18		(h) "Convention center authority" means an Authority, as
19		defined by the Civic Center Code, that operates a municipal
20		convention center with contiguous exhibition space ranging
21		between 30,000 and 125,000 square feet.
22		(i) "Incentive" means: (1) a financial incentive provided
23		by a unit of local government, a local promotion group, a
24		not-for-profit organization, a for-profit organization, or a
25		convention center authority to attract a convention, meeting,
26		or trade show held at a municipal convention center that, but

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1		for the incentive, would not have occurred in the State or been
2		retained in the State; or (2) a financial incentive provided
3		by a unit of local government, a local promotion group, a
4		not-for-profit organization, a for-profit organization, or a
5		convention center authority for attracting a sporting event
6		held at its municipal amateur sports facility that, but for
7		the incentive, would not have occurred in the State or been
8		retained in the State; but (3) only a financial incentive
9		offered or provided to a person or entity in the form of
10		financial benefits or costs which are allowable costs pursuant
11		to the Grant Accountability and Transparency Act.
12		(j) "Unit of local government" has the meaning provided in
13		Section 1 of Article VII of the Illinois Constitution.
14		(k) "Local parks" means any park, recreation area, or
15		other similar facility owned or operated by a unit of local
16		government.
17		(Source: P.A. 101-10, eff. 6-5-19; 102-287, eff. 8-6-21.)
18		(20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
19		Sec. 4a. Funds.
20		(1) All moneys deposited into in the Tourism Promotion
21		Fund pursuant to this subsection are allocated to the
22		Department for utilization, as appropriated, in the
23		performance of its powers under Section 4; except that during
24		fiscal year 2013, the Department shall reserve $9,800,000 of
25		the total funds available for appropriation in the Tourism

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1		Promotion Fund for appropriation to the Historic Preservation
2		Agency for the operation of the Abraham Lincoln Presidential
3		Library and Museum and State historic sites; and except that
4		beginning in fiscal year 2019, moneys in the Tourism Promotion
5		Fund may also be allocated to the Illinois Department of
6		Agriculture, the Illinois Department of Natural Resources, and
7		the Abraham Lincoln Presidential Library and Museum for
8		utilization, as appropriated, to administer their
9		responsibilities as State agencies promoting tourism in
10		Illinois, and for tourism-related purposes.
11		As soon as possible after the first day of each month,
12		beginning July 1, 1997 and ending on the effective date of this
13		amendatory Act of the 100th General Assembly, upon
14		certification of the Department of Revenue, the Comptroller
15		shall order transferred and the Treasurer shall transfer from
16		the General Revenue Fund to the Tourism Promotion Fund an
17		amount equal to 13% of the net revenue realized from the Hotel
18		Operators' Occupation Tax Act plus an amount equal to 13% of
19		the net revenue realized from any tax imposed under Section
20		4.05 of the Chicago World's Fair-1992 Authority Act during the
21		preceding month. "Net revenue realized for a month" means the
22		revenue collected by the State under that Act during the
23		previous month less the amount paid out during that same month
24		as refunds to taxpayers for overpayment of liability under
25		that Act.
26		(1.1) (Blank).

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1		(2) (Blank). As soon as possible after the first day of
2		each month, beginning July 1, 1997 and ending on the effective
3		date of this amendatory Act of the 100th General Assembly,
4		upon certification of the Department of Revenue, the
5		Comptroller shall order transferred and the Treasurer shall
6		transfer from the General Revenue Fund to the Tourism
7		Promotion Fund an amount equal to 8% of the net revenue
8		realized from the Hotel Operators' Occupation Tax plus an
9		amount equal to 8% of the net revenue realized from any tax
10		imposed under Section 4.05 of the Chicago World's Fair-1992
11		Authority Act during the preceding month. "Net revenue
12		realized for a month" means the revenue collected by the State
13		under that Act during the previous month less the amount paid
14		out during that same month as refunds to taxpayers for
15		overpayment of liability under that Act.
16		All monies deposited in the Tourism Promotion Fund under
17		this subsection (2) shall be used solely as provided in this
18		subsection to advertise and promote tourism throughout
19		Illinois. Appropriations of monies deposited in the Tourism
20		Promotion Fund pursuant to this subsection (2) shall be used
21		solely for advertising to promote tourism, including but not
22		limited to advertising production and direct advertisement
23		costs, but shall not be used to employ any additional staff,
24		finance any individual event, or lease, rent or purchase any
25		physical facilities. The Department shall coordinate its
26		advertising under this subsection (2) with other public and

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1		private entities in the State engaged in similar promotion
2		activities. Print or electronic media production made pursuant
3		to this subsection (2) for advertising promotion shall not
4		contain or include the physical appearance of or reference to
5		the name or position of any public officer. "Public officer"
6		means a person who is elected to office pursuant to statute, or
7		who is appointed to an office which is established, and the
8		qualifications and duties of which are prescribed, by statute,
9		to discharge a public duty for the State or any of its
10		political subdivisions.
11		(3) (Blank). Notwithstanding anything in this Section to
12		the contrary, amounts transferred from the General Revenue
13		Fund to the Tourism Promotion Fund pursuant to this Section
14		shall not exceed $26,300,000 in State fiscal year 2012.
15		(4) (Blank). As soon as possible after the first day of
16		each month, beginning July 1, 2017 and ending June 30, 2018, if
17		the amount of revenue deposited into the Tourism Promotion
18		Fund under subsection (c) of Section 6 of the Hotel Operators'
19		Occupation Tax Act is less than 21% of the net revenue realized
20		from the Hotel Operators' Occupation Tax during the preceding
21		month, then, upon certification of the Department of Revenue,
22		the State Comptroller shall direct and the State Treasurer
23		shall transfer from the General Revenue Fund to the Tourism
24		Promotion Fund an amount equal to the difference between 21%
25		of the net revenue realized from the Hotel Operators'
26		Occupation Tax during the preceding month and the amount of

HB3817 Enrolled - 46 - LRB103 30519 DTM 56952 b
1		revenue deposited into the Tourism Promotion Fund under
2		subsection (c) of Section 6 of the Hotel Operators' Occupation
3		Tax Act.
4		(5) As soon as possible after the first day of each month,
5		beginning July 1, 2018, if the amount of revenue deposited
6		into the Tourism Promotion Fund under Section 6 of the Hotel
7		Operators' Occupation Tax Act is less than 21% of the net
8		revenue realized from the Hotel Operators' Occupation Tax
9		during the preceding month, then, upon certification of the
10		Department of Revenue, the State Comptroller shall direct and
11		the State Treasurer shall transfer from the General Revenue
12		Fund to the Tourism Promotion Fund an amount equal to the
13		difference between 21% of the net revenue realized from the
14		Hotel Operators' Occupation Tax during the preceding month and
15		the amount of revenue deposited into the Tourism Promotion
16		Fund under Section 6 of the Hotel Operators' Occupation Tax
17		Act.
18		(6) In addition to any other transfers that may be
19		provided for by law, on the effective date of the changes made
20		to this Section by this amendatory Act of the 103rd General
21		Assembly, or as soon thereafter as practical, but no later
22		than June 30, 2023, the State Comptroller shall direct and the
23		State Treasurer shall transfer from the Tourism Promotion Fund
24		into the designated funds the following amounts:
25		International Tourism Fund..............$2,274,267.36
26		Chicago Travel Industry Promotion Fund..$4,396,916.95

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1		Local Tourism Fund......................$7,367,503.22
2		(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
3		(20 ILCS 665/8a) (from Ch. 127, par. 200-28a)
4		Sec. 8a. Tourism grants and loans.
5		(1) The Department is authorized to make grants and loans,
6		subject to appropriations by the General Assembly for this
7		purpose from the Tourism Promotion Fund, to counties,
8		municipalities, other units of local government, local
9		promotion groups, not-for-profit organizations, or for-profit
10		businesses for the development or improvement of tourism
11		attractions in Illinois. Individual grants and loans shall not
12		exceed $1,000,000 and shall not exceed 50% of the entire
13		amount of the actual expenditures for the development or
14		improvement of a tourist attraction. Agreements for loans made
15		by the Department pursuant to this subsection may contain
16		provisions regarding term, interest rate, security as may be
17		required by the Department and any other provisions the
18		Department may require to protect the State's interest.
19		(2) From appropriations to the Department from the State
20		CURE fund for this purpose, the Department shall establish
21		Tourism Attraction grants for purposes outlined in subsection
22		(1). Grants under this subsection shall not exceed $1,000,000
23		but may exceed 50% of the entire amount of the actual
24		expenditure for the development or improvement of a tourist
25		attraction, including, but not limited to, festivals.

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1		Expenditures of such funds shall be in accordance with the
2		permitted purposes under Section 9901 of the American Rescue
3		Plan Act of 2021 and all related federal guidance.
4		(3) Subject to appropriation, the Department is authorized
5		to issue competitive grants with initial terms of up to 5 years
6		for the purpose of administering an incentive program that
7		will attract or retain conventions, meetings, sporting events,
8		and trade shows in Illinois with the goal of increasing
9		business or leisure travel.
10		(Source: P.A. 102-16, eff. 6-17-21; 102-287, eff. 8-6-21;
11		102-813, eff. 5-13-22.)
12		Section 5-31. The Department of Human Services Act is
13		amended by adding Section 1-85 as follows:
14		(20 ILCS 1305/1-85 new)
15		Sec. 1-85. Home Illinois Program. Subject to
16		appropriation, the Department of Human Services shall
17		establish the Home Illinois Program. The Home Illinois Program
18		shall focus on preventing and ending homelessness in Illinois
19		and may include, but not be limited to, homeless prevention,
20		emergency and transitional housing, rapid rehousing, outreach,
21		capital investment, and related services and supports for
22		individuals at risk or experiencing homelessness. The
23		Department may establish program eligibility criteria and
24		other program requirements by rule. The Department of Human

HB3817 Enrolled - 49 - LRB103 30519 DTM 56952 b
1		Services may consult with the Capital Development Board, the
2		Department of Commerce and Economic Opportunity, and the
3		Illinois Housing Development Authority in the management and
4		disbursement of funds for capital related projects. The
5		Capital Development Board, the Department of Commerce and
6		Economic Opportunity, and the Illinois Housing Development
7		Authority shall act in a consulting role only for the
8		evaluation of applicants, scoring of applicants, or
9		administration of the grant program.
10		Section 5-32. The Department of Innovation and Technology
11		Act is amended by adding Section 1-16 as follows:
12		(20 ILCS 1370/1-16 new)
13		Sec. 1-16. Personnel. The Governor may, with the advice
14		and consent of the Senate, appoint a person within the
15		Department to serve as the Deputy Secretary. The Deputy
16		Secretary shall receive an annual salary as set by the
17		Governor and shall be paid out of appropriations to the
18		Department. The Deputy Secretary shall not be subject to the
19		Personnel Code. The duties of the Deputy Secretary shall
20		include the coordination of the State's digital modernization
21		and other duties as assigned by the Secretary.
22		Section 5-33. The Disabilities Services Act of 2003 is
23		amended by changing Sections 51, 52, and 53 as follows:

HB3817 Enrolled - 50 - LRB103 30519 DTM 56952 b
1		(20 ILCS 2407/51)
2		Sec. 51. Legislative intent. It is the intent of the
3		General Assembly to promote the civil rights of persons with
4		disabilities by providing community-based service for persons
5		with disabilities when such services are determined
6		appropriate and desired, as required by Title II of the
7		Americans with Disabilities Act under the United States
8		Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581
9		(1999). In accordance with Section 6071 of the Deficit
10		Reduction Act of 2005 (P.L. 109-171), as amended by the
11		federal Consolidated Appropriations Act, 2021 (P.L. 116-260),
12		the purpose of this Act is (i) to identify and reduce barriers
13		or mechanisms, whether in State law, the State Medicaid Plan,
14		the State budget, or otherwise, that prevent or restrict the
15		flexible use of public funds to enable individuals with
16		disabilities to receive support for appropriate and necessary
17		long-term care services in settings of their choice; (ii) to
18		increase the use of home and community-based long-term care
19		services, rather than institutions or long-term care
20		facilities; (iii) to increase the ability of the State
21		Medicaid program to assure continued provision of home and
22		community-based long-term care services to eligible
23		individuals who choose to transition from an institution or a
24		long-term care facility to a community setting; and (iv) to
25		ensure that procedures are in place that are at least

HB3817 Enrolled - 51 - LRB103 30519 DTM 56952 b
1		comparable to those required under the qualified home and
2		community-based program to provide quality assurance for
3		eligible individuals receiving Medicaid home and
4		community-based long-term care services and to provide for
5		continuous quality improvement in such services. Utilizing the
6		framework created by the "Money Follows the Person"
7		demonstration project, approval received by the State on May
8		14, 2007, and any subsequently enacted "Money Follows the
9		Person" demonstration project or initiative terms and
10		conditions, the purpose of this Act is to codify and reinforce
11		the State's commitment to promote individual choice and
12		control and increase utilization of home and community-based
13		services through:
14		(a) Increased ability of the State Medicaid program to
15		ensure continued provision of home and community-based
16		long-term care services to eligible individuals who choose
17		to transition from an institution to a community setting.
18		(b) Assessment and removal of barriers to community
19		reintegration, including development of a comprehensive
20		housing strategy.
21		(c) Expand availability of consumer self-directed
22		service options.
23		(d) Increased use of home and community-based
24		long-term care services, rather than institutions or
25		long-term care facilities, such that the percentage of the
26		State long-term care budget expended for community-based

HB3817 Enrolled - 52 - LRB103 30519 DTM 56952 b
1		services increases from its current 28.5% to at least 37%
2		in the next 5 years.
3		(e) Creation and implementation of interagency
4		agreements or budgetary mechanisms to allow for the
5		flexible movement of allocated dollars from institutional
6		budget appropriations to appropriations supporting home
7		and community-based services or Medicaid State Plan
8		options.
9		(f) Creation of an equitable, clinically sound and
10		cost-effective system for identification and review of
11		community transition candidates across all long-term care
12		systems; including improvement of prescreening, assessment
13		for rapid reintegration and targeted review of longer stay
14		residents, training and outreach education for providers
15		and consumers on community alternatives across all
16		long-term care systems.
17		(g) Development and implementation of data and
18		information systems to track individuals across service
19		systems and funding streams; support responsive
20		eligibility determination; facilitate placement and care
21		decisions; identify individuals with potential for
22		transition; and drive planning for the development of
23		community-based alternatives.
24		(h) Establishment of procedures that are at least
25		comparable to those required under the qualified home and
26		community-based program to provide quality assurance for

HB3817 Enrolled - 53 - LRB103 30519 DTM 56952 b
1		eligible individuals receiving Medicaid home and
2		community-based long-term care services and to provide for
3		continuous quality improvement in such services.
4		(i) Nothing in this amendatory Act of the 95th General
5		Assembly shall diminish or restrict the choice of an
6		individual to reside in an institution or the quality of
7		care they receive.
8		(Source: P.A. 95-438, eff. 1-1-08.)
9		(20 ILCS 2407/52)
10		Sec. 52. Applicability; definitions. In accordance with
11		Section 6071 of the Deficit Reduction Act of 2005 (P.L.
12		109-171), as used in this Article:
13		"Departments". The term "Departments" means for the
14		purposes of this Act, the Department of Human Services, the
15		Department on Aging, Department of Healthcare and Family
16		Services and Department of Public Health, unless otherwise
17		noted.
18		"Home and community-based long-term care services". The
19		term "home and community-based long-term care services" means,
20		with respect to the State Medicaid program, a service aid, or
21		benefit, home and community-based services, including, but not
22		limited to, home health and personal care services, that are
23		provided to a person with a disability, and are voluntarily
24		accepted, as part of his or her long-term care that: (i) is
25		provided under the State's qualified home and community-based

HB3817 Enrolled - 54 - LRB103 30519 DTM 56952 b
1		program or that could be provided under such a program but is
2		otherwise provided under the Medicaid program; (ii) is
3		delivered in a qualified residence; and (iii) is necessary for
4		the person with a disability to live in the community.
5		"ID/DD community care facility". The term "ID/DD community
6		care facility", for the purposes of this Article, means a
7		skilled nursing or intermediate long-term care facility
8		subject to licensure by the Department of Public Health under
9		the ID/DD Community Care Act or the MC/DD Act, an intermediate
10		care facility for persons with developmental disabilities
11		(ICF-DDs), and a State-operated developmental center or mental
12		health center, whether publicly or privately owned.
13		"Money Follows the Person" Demonstration. Enacted by the
14		Deficit Reduction Act of 2005, as amended by the federal
15		Consolidated Appropriations Act, 2021 (P.L. 116-260), the
16		Money Follows the Person (MFP) Rebalancing Demonstration is
17		part of a comprehensive, coordinated strategy to assist
18		states, in collaboration with stakeholders, to make widespread
19		changes to their long-term care support systems. This
20		initiative will assist states in their efforts to reduce their
21		reliance on institutional care while developing
22		community-based long-term care opportunities, enabling the
23		elderly and people with disabilities to fully participate in
24		their communities.
25		"Public funds" mean any funds appropriated by the General
26		Assembly to the Departments of Human Services, on Aging, of

HB3817 Enrolled - 55 - LRB103 30519 DTM 56952 b
1		Healthcare and Family Services and of Public Health for
2		settings and services as defined in this Article.
3		"Qualified residence". The term "qualified residence"
4		means, with respect to an eligible individual: (i) a home
5		owned or leased by the individual or the individual's
6		authorized representative (as defined by P.L. 109-171); (ii)
7		an apartment with an individual lease, with lockable access
8		and egress, and which includes living, sleeping, bathing, and
9		cooking areas over which the individual or the individual's
10		family has domain and control; or (iii) a residence, in a
11		community-based residential setting, in which no more than 4
12		unrelated individuals reside. Where qualified residences are
13		not sufficient to meet the demand of eligible individuals,
14		time-limited exceptions to this definition may be developed
15		through administrative rule.
16		"Self-directed services". The term "self-directed
17		services" means, with respect to home and community-based
18		long-term services for an eligible individual, those services
19		for the individual that are planned and purchased under the
20		direction and control of the individual or the individual's
21		authorized representative, including the amount, duration,
22		scope, provider, and location of such services, under the
23		State Medicaid program consistent with the following
24		requirements:
25		(a) Assessment: there is an assessment of the needs,
26		capabilities, and preference of the individual with

HB3817 Enrolled - 56 - LRB103 30519 DTM 56952 b
1		respect to such services.
2		(b) Individual service care or treatment plan: based
3		on the assessment, there is development jointly with such
4		individual or individual's authorized representative, a
5		plan for such services for the individual that (i)
6		specifies those services, if any, that the individual or
7		the individual's authorized representative would be
8		responsible for directing; (ii) identifies the methods by
9		which the individual or the individual's authorized
10		representative or an agency designated by an individual or
11		representative will select, manage, and dismiss providers
12		of such services.
13		(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
14		99-642, eff. 7-28-16.)
15		(20 ILCS 2407/53)
16		Sec. 53. Rebalancing benchmarks.
17		(a) Illinois' long-term care system is in a state of
18		transformation, as evidenced by the creation and subsequent
19		work products of the Disability Services Advisory Committee,
20		Older Adult Services Advisory Committee, Housing Task Force
21		and other executive and legislative branch initiatives.
22		(b) Illinois' Money Follows the Person demonstrations or
23		initiatives capitalize demonstration approval capitalizes on
24		this progress and commit commits the State to transition
25		approximately 3,357 older persons and persons with

HB3817 Enrolled - 57 - LRB103 30519 DTM 56952 b
1		developmental, physical, or psychiatric disabilities from
2		institutional to home and community-based settings, as
3		appropriate resulting in an increased percentage of long-term
4		care community spending over the next 5 years.
5		(c) (Blank). The State will endeavor to increase the
6		percentage of community-based long-term care spending over the
7		next 5 years according to the following timeline:
8		Estimated baseline: 28.5%
9		Year 1: 30%
10		Year 2: 31%
11		Year 3: 32%
12		Year 4: 35%
13		Year 5: 37%
14		(d) The Departments will utilize interagency agreements
15		and will seek legislative authority to implement a Money
16		Follows the Person budgetary mechanism to allocate or
17		reallocate funds for the purpose of expanding the
18		availability, quality or stability of home and community-based
19		long-term care services and supports for persons with
20		disabilities.
21		(e) The allocation of public funds for home and
22		community-based long-term care services shall not have the
23		effect of: (i) diminishing or reducing the quality of services
24		available to residents of long-term care facilities; (ii)
25		forcing any residents of long-term care facilities to
26		involuntarily accept home and community-based long-term care

HB3817 Enrolled - 58 - LRB103 30519 DTM 56952 b
1		services, or causing any residents of long-term care
2		facilities to be involuntarily transferred or discharged;
3		(iii) causing reductions in long-term care facility
4		reimbursement rates in effect as of July 1, 2008; or (iv)
5		diminishing access to a full array of long-term care options.
6		(Source: P.A. 95-438, eff. 1-1-08.)
7		Section 5-35. The Illinois State Police Law of the Civil
8		Administrative Code of Illinois is amended by changing Section
9		2605-407 as follows:
10		(20 ILCS 2605/2605-407)
11		Sec. 2605-407. Illinois State Police Federal Projects
12		Fund.
13		(a) The Illinois State Police Federal Projects Fund is
14		established as a federal trust fund in the State treasury.
15		This federal Trust Fund is established to receive funds
16		awarded to the Illinois State Police from the following: (i)
17		all federal departments and agencies for the specific purposes
18		established by the terms and conditions of the federal awards
19		and (ii) federal pass-through grants from State departments
20		and agencies for the specific purposes established by the
21		terms and conditions of the grant agreements. Any interest
22		earnings that are attributable to moneys in the federal trust
23		fund must be deposited into the Fund.
24		(b) In addition to any other transfers that may be

HB3817 Enrolled - 59 - LRB103 30519 DTM 56952 b
1		provided for by law, on July 1, 2023, or as soon thereafter as
2		practical, the State Comptroller shall direct and the State
3		Treasurer shall transfer the sum of $2,000,000 from the State
4		Police Services Fund to the Illinois State Police Federal
5		Projects Fund.
6		(Source: P.A. 102-538, eff. 8-20-21.)
7		Section 5-40. The State Fire Marshal Act is amended by
8		adding Section 2.8 as follows:
9		(20 ILCS 2905/2.8 new)
10		Sec. 2.8. Fire Station Rehabilitation and Construction
11		Grant Program. The Office shall establish and administer a
12		Fire Station Rehabilitation and Construction Grant Program to
13		award grants to units of local government for the
14		rehabilitation or construction of fire stations. The Office
15		shall adopt any rules necessary for the implementation and
16		administration of this Section.
17		Section 5-45. The Governor's Office of Management and
18		Budget Act is amended by adding Section 2.13 as follows:
19		(20 ILCS 3005/2.13 new)
20		Sec. 2.13. Appropriations; Railsplitter Tobacco Settlement
21		Authority Bonds. Subject to appropriation, the Office may make
22		payments from the Tobacco Settlement Recovery Fund to the

HB3817 Enrolled - 60 - LRB103 30519 DTM 56952 b
1		trustee of those bonds issued by the Railsplitter Tobacco
2		Settlement Authority with which the Authority has executed a
3		bond indenture pursuant to the terms of the Railsplitter
4		Tobacco Settlement Authority Act for the purpose of defeasing
5		outstanding bonds of the Authority.
6		Section 5-47. The Illinois Emergency Management Agency Act
7		is amended by adding Section 17.8 as follows:
8		(20 ILCS 3305/17.8 new)
9		Sec. 17.8. IEMA State Projects Fund. The IEMA State
10		Projects Fund is created as a trust fund in the State treasury.
11		The Fund shall consist of any moneys appropriated to the
12		Agency for purposes of the Illinois' Not-For-Profit Security
13		Grant Program, a grant program authorized by subsection (g-5)
14		of Section 5 of this Act, to provide funding support for target
15		hardening activities and other physical security enhancements
16		for qualifying not-for-profit organizations that are at high
17		risk of terrorist attack. The Agency is authorized to use
18		moneys appropriated from the Fund to make grants to
19		not-for-profit organizations for target hardening activities,
20		security personnel, and physical security enhancements and for
21		the payment of administrative expenses associated with the
22		Not-For-Profit Security Grant Program. As used in this
23		Section, "target hardening activities" include, but are not
24		limited to, the purchase and installation of security

HB3817 Enrolled - 61 - LRB103 30519 DTM 56952 b
1		equipment on real property owned or leased by the
2		not-for-profit organization. Grants, gifts, and moneys from
3		any other source, public or private, may also be deposited
4		into the Fund and used for the purposes authorized by this Act.
5		Section 5-50. The State Finance Act is amended by changing
6		Sections 5.62, 5.366, 5.581, 5.765, 5.857, 6, 6z-27, 6z-32,
7		6z-35, 6z-43, 6z-100, 6z-121, 6z-126, 8.3, 8.12, 8g-1, 13.2,
8		and 25 and by adding Sections 5.990, 5e-1, and 5h.6 as follows:
9		(30 ILCS 105/5.62) (from Ch. 127, par. 141.62)
10		Sec. 5.62. The Working Capital Revolving Fund. This
11		Section is repealed on January 1, 2024.
12		(Source: Laws 1919, p. 946.)
13		(30 ILCS 105/5.366)
14		Sec. 5.366. The Live and Learn Fund. This Section is
15		repealed on January 1, 2024.
16		(Source: P.A. 88-78; 88-670, eff. 12-2-94.)
17		(30 ILCS 105/5.581)
18		Sec. 5.581. The Professional Sports Teams Education Fund.
19		This Section is repealed on January 1, 2024.
20		(Source: P.A. 95-331, eff. 8-21-07.)
21		(30 ILCS 105/5.765)

HB3817 Enrolled - 62 - LRB103 30519 DTM 56952 b
1		Sec. 5.765. The Soil and Water Conservation District Fund.
2		This Section is repealed on January 1, 2024.
3		(Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11.)
4		(30 ILCS 105/5.857)
5		(Section scheduled to be repealed on July 1, 2023)
6		Sec. 5.857. The Capital Development Board Revolving Fund.
7		This Section is repealed July 1, 2025 2023.
8		(Source: P.A. 101-10, eff. 6-5-19; 101-645, eff. 6-26-20;
9		102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
10		(30 ILCS 105/5.990 new)
11		Sec. 5.990. The Imagination Library of Illinois Fund.
12		(30 ILCS 105/5e-1 new)
13		Sec. 5e-1. Transfers from Road Fund. In addition to any
14		other transfers that may be provided for by law, on July 1,
15		2023, or as soon thereafter as practical, the State
16		Comptroller shall direct and the State Treasurer shall
17		transfer the sum of $10,000,000 from the Road Fund to the
18		Federal Mass Transit Trust Fund. This Section is repealed on
19		January 1, 2025.
20		(30 ILCS 105/5h.6 new)
21		Sec. 5h.6. Cash flow borrowing and health insurance funds
22		liquidity.

HB3817 Enrolled - 63 - LRB103 30519 DTM 56952 b
1		(a) To meet cash flow deficits and to maintain liquidity
2		in the Community College Health Insurance Security Fund, the
3		State Treasurer and the State Comptroller, as directed by the
4		Governor, shall make transfers, on and after July 1, 2023 and
5		through June 30, 2024, to the Community College Health
6		Insurance Security Fund out of the Health Insurance Reserve
7		Fund, to the extent allowed by federal law.
8		The outstanding total transfers made from the Health
9		Insurance Reserve Fund to the Community College Health
10		Insurance Security Fund under this Section shall, at no time,
11		exceed $50,000,000. Once the amount of $50,000,000 has been
12		transferred from the Health Insurance Reserve Fund to the
13		Community College Health Insurance Security Fund, additional
14		transfers may be made from the Health Insurance Reserve Fund
15		to the Community College Health Insurance Security Fund under
16		this Section only to the extent that moneys have first been
17		retransferred from the Community College Health Insurance
18		Security Fund to the Health Insurance Reserve Fund.
19		(b) If moneys have been transferred to the Community
20		College Health Insurance Security Fund pursuant to subsection
21		(a) of this Section, this amendatory Act of the 103rd General
22		Assembly shall constitute the continuing authority for and
23		direction to the State Treasurer and State Comptroller to
24		reimburse the Health Insurance Reserve Fund from the Community
25		College Health Insurance Security Fund by transferring to the
26		Health Insurance Reserve Fund, at such times and in such

HB3817 Enrolled - 64 - LRB103 30519 DTM 56952 b
1		amounts as directed by the Comptroller when necessary to
2		support appropriated expenditures from the Health Insurance
3		Reserve Fund, an amount equal to that transferred from the
4		Health Insurance Reserve Fund, except that any moneys
5		transferred pursuant to subsection (a) of this Section shall
6		be repaid to the fund of origin within 108 months after the
7		date on which they were borrowed. The continuing authority for
8		reimbursement provided for in this subsection (b) shall expire
9		96 months after the date of the last transfer made pursuant to
10		subsection (a) of this Section, or June 30, 2032, whichever is
11		sooner.
12		(c) Beginning July 31, 2024, and every July 31 thereafter
13		until all moneys borrowed pursuant to this Section have been
14		repaid, the Comptroller shall annually report on every
15		transfer made pursuant to this Section. The report shall
16		identify the amount of each transfer, including the date and
17		the end-of-day balance of the Health Insurance Reserve Fund
18		and the Community College Health Insurance Security Fund on
19		the date each transfer was made, and the status of all funds
20		transferred under this Section for the previous fiscal year.
21		All reports under this Section shall be provided in an
22		electronic format to the Commission on Government Forecasting
23		and Accountability and to the Governor's Office of Management
24		and Budget.
25		(30 ILCS 105/6) (from Ch. 127, par. 142)

HB3817 Enrolled - 65 - LRB103 30519 DTM 56952 b
1		Sec. 6. The gross or total proceeds, receipts and income
2		of all lands leased by the Department of Corrections and of all
3		industrial operations at the several State institutions and
4		divisions under the direction and supervision of the
5		Department of Corrections shall be covered into the State
6		treasury into a state trust fund to be known as the "The
7		Working Capital Revolving Fund". "Industrial operations", as
8		herein used, means and includes the operation of those State
9		institutions producing, by the use of materials, supplies and
10		labor, goods, or wares or merchandise to be sold. On July 1,
11		2023, or as soon thereafter as practical, the State
12		Comptroller shall direct and the State Treasurer shall
13		transfer the remaining balance from the Working Capital
14		Revolving Fund into the General Revenue Fund. Upon completion
15		of the transfer, the Working Capital Revolving Fund is
16		dissolved, and any future deposits due to that Fund and any
17		outstanding obligations or liabilities of that Fund shall pass
18		to the General Revenue Fund.
19		(Source: P.A. 90-372, eff. 7-1-98.)
20		(30 ILCS 105/6z-27)
21		Sec. 6z-27. All moneys in the Audit Expense Fund shall be
22		transferred, appropriated and used only for the purposes
23		authorized by, and subject to the limitations and conditions
24		prescribed by, the Illinois State Auditing Act.
25		Within 30 days after July 1, 2023 2022, or as soon

HB3817 Enrolled - 66 - LRB103 30519 DTM 56952 b
1		thereafter as practical, the State Comptroller shall order
2		transferred and the State Treasurer shall transfer from the
3		following funds moneys in the specified amounts for deposit
4		into the Audit Expense Fund:
5		African-American HIV/AIDS Response Fund................$1,421
6		Agricultural Premium Fund............................$122,719
7		Alzheimer's Awareness Fund.............................$1,499
8		Alzheimer's Disease Research, Care, and Support Fund.....$662
9		Amusement Ride and Patron Safety Fund..................$6,315
10		Assisted Living and Shared Housing Regulatory Fund.....$2,564
11		Capital Development Board Revolving Fund..............$15,118
12		Care Provider Fund for Persons with a Developmental
13		Disability........................................$15,392
14		Carolyn Adams Ticket For The Cure Grant Fund.............$927
15		CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial
16		Driver's License Information
17		System/American Association of
18		Motor Vehicle Administrators
19		network/National Motor Vehicle
20		Title Information Service Trust Fund)..............$5,236
21		Chicago Police Memorial Foundation Fund..................$708
22		Chicago State University Education Improvement Fund...$13,666
23		Child Labor and Day and Temporary Labor
24		Services Enforcement Fund.........................$11,991
25		Child Support Administrative Fund......................$5,287
26		Clean Air Act Permit Fund..............................$1,556

HB3817 Enrolled - 67 - LRB103 30519 DTM 56952 b
1		Coal Technology Development Assistance Fund............$6,936
2		Common School Fund...................................$343,892
3		Community Mental Health Medicaid Trust Fund...........$14,084
4		Corporate Franchise Tax Refund Fund....................$1,096
5		DCFS Children's Services Fund..........................$8,766
6		Death Certificate Surcharge Fund.......................$2,060
7		Death Penalty Abolition Fund...........................$2,448
8		Department of Business Services Special
9		Operations Fund...................................$13,889
10		Department of Human Services Community Services Fund...$7,970
11		Downstate Public Transportation Fund..................$11,631
12		Dram Shop Fund.......................................$142,500
13		Driver Services Administration Fund....................$1,873
14		Drug Rebate Fund......................................$42,473
15		Drug Treatment Fund....................................$1,767
16		Education Assistance Fund..........................$2,031,292
17		Emergency Public Health Fund...........................$5,162
18		Environmental Protection Permit and Inspection Fund....$1,447
19		Estate Tax Refund Fund...................................$852
20		Facilities Management Revolving Fund..................$50,148
21		Facility Licensing Fund................................$5,522
22		Fair and Exposition Fund...............................$4,248
23		Feed Control Fund......................................$7,709
24		Fertilizer Control Fund................................$6,849
25		Fire Prevention Fund...................................$3,859
26		Fund for the Advancement of Education.................$24,772

HB3817 Enrolled - 68 - LRB103 30519 DTM 56952 b
1		General Assembly Operations Revolving Fund.............$1,146
2		General Professions Dedicated Fund.....................$4,039
3		General Revenue Fund..............................$17,653,153
4		Governor's Administrative Fund.........................$2,832
5		Governor's Grant Fund.................................$17,709
6		Grade Crossing Protection Fund...........................$930
7		Grant Accountability and Transparency Fund...............$805
8		Guardianship and Advocacy Fund........................$14,843
9		Hazardous Waste Fund.....................................$835
10		Health Facility Plan Review Fund.......................$1,776
11		Health and Human Services Medicaid Trust Fund..........$6,554
12		Healthcare Provider Relief Fund......................$407,107
13		Healthy Smiles Fund......................................$738
14		Home Care Services Agency Licensure Fund...............$3,101
15		Hospital Licensure Fund................................$1,688
16		Hospital Provider Fund...............................$138,829
17		ICCB Federal Trust Fund................................$9,968
18		ICJIA Violence Prevention Fund...........................$932
19		Illinois Affordable Housing Trust Fund................$17,236
20		Illinois Clean Water Fund..............................$2,152
21		Illinois Health Facilities Planning Fund...............$3,094
22		IMSA Income Fund......................................$12,417
23		Illinois Power Agency Operations Fund.................$62,583
24		Illinois School Asbestos Abatement Fund..................$784
25		Illinois State Fair Fund..............................$29,752
26		Illinois State Police Memorial Park Fund.................$681

HB3817 Enrolled - 69 - LRB103 30519 DTM 56952 b
1		Illinois Telecommunications Access Corporation Fund....$1,668
2		Illinois Underground Utility Facilities
3		Damage Prevention Fund.............................$4,276
4		Illinois Veterans' Rehabilitation Fund.................$5,943
5		Illinois Workers' Compensation Commission
6		Operations Fund..................................$243,187
7		Income Tax Refund Fund................................$54,420
8		Lead Poisoning Screening, Prevention, and
9		Abatement Fund....................................$16,379
10		Live and Learn Fund...................................$25,492
11		Lobbyist Registration Administration Fund..............$1,471
12		Local Government Distributive Fund....................$44,025
13		Long Term Care Monitor/Receiver Fund..................$42,016
14		Long-Term Care Provider Fund..........................$13,537
15		Low-Level Radioactive Waste Facility Development
16		and Operation Fund...................................$618
17		Mandatory Arbitration Fund.............................$2,104
18		Medical Special Purposes Trust Fund......................$786
19		Mental Health Fund.....................................$9,376
20		Mental Health Reporting Fund...........................$1,443
21		Metabolic Screening and Treatment Fund................$32,049
22		Monitoring Device Driving Permit Administration
23		Fee Fund...........................................$1,616
24		Motor Fuel Tax Fund...................................$36,238
25		Motor Vehicle License Plate Fund......................$17,694
26		Multiple Sclerosis Research Fund.........................$758

HB3817 Enrolled - 70 - LRB103 30519 DTM 56952 b
1		Nuclear Safety Emergency Preparedness Fund............$26,117
2		Nursing Dedicated and Professional Fund................$2,420
3		Open Space Lands Acquisition and Development Fund........$658
4		Partners For Conservation Fund........................$89,847
5		Pension Stabilization Fund.............................$1,031
6		Personal Property Tax Replacement Fund...............$290,755
7		Pesticide Control Fund................................$30,513
8		Plumbing Licensure and Program Fund....................$6,276
9		Police Memorial Committee Fund...........................$813
10		Professional Services Fund............................$72,029
11		Public Health Laboratory Services Revolving Fund.......$5,816
12		Public Transportation Fund............................$46,826
13		Public Utility Fund..................................$198,423
14		Radiation Protection Fund.............................$11,034
15		Renewable Energy Resources Trust Fund..................$7,834
16		Road Fund............................................$226,150
17		Regional Transportation Authority Occupation
18		and Use Tax Replacement Fund.......................$1,167
19		School Infrastructure Fund.............................$7,749
20		Secretary of State DUI Administration Fund.............$2,694
21		Secretary of State Identification Security
22		and Theft Prevention Fund.........................$12,676
23		Secretary of State Police Services Fund..................$717
24		Secretary of State Special License Plate Fund..........$4,203
25		Secretary of State Special Services Fund..............$34,491
26		Securities Audit and Enforcement Fund..................$8,198

HB3817 Enrolled - 71 - LRB103 30519 DTM 56952 b
1		Solid Waste Management Fund............................$1,613
2		Special Olympics Illinois and Special
3		Children's Charities Fund............................$852
4		Special Education Medicaid Matching Fund...............$5,131
5		Sports Wagering Fund...................................$4,450
6		State and Local Sales Tax Reform Fund..................$2,361
7		State Construction Account Fund.......................$37,865
8		State Gaming Fund.....................................$94,435
9		State Garage Revolving Fund............................$8,977
10		State Lottery Fund...................................$340,323
11		State Pensions Fund..................................$500,000
12		State Treasurer's Bank Services Trust Fund.............$1,295
13		Supreme Court Special Purposes Fund....................$1,722
14		Tattoo and Body Piercing Establishment
15		Registration Fund....................................$950
16		Tax Compliance and Administration Fund.................$1,483
17		Technology Management Revolving Fund.................$186,193
18		Tobacco Settlement Recovery Fund......................$29,864
19		Tourism Promotion Fund................................$50,155
20		Transportation Regulatory Fund........................$78,256
21		Trauma Center Fund.....................................$1,960
22		Underground Storage Tank Fund..........................$3,630
23		University of Illinois Hospital Services Fund..........$6,712
24		Vehicle Hijacking and Motor Vehicle
25		Theft Prevention and Insurance
26		Verification Trust Fund...........................$10,970

HB3817 Enrolled - 72 - LRB103 30519 DTM 56952 b
1		Vehicle Inspection Fund................................$5,069
2		Weights and Measures Fund.............................$22,129
3		Youth Alcoholism and Substance Abuse Prevention Fund.....$526
4		Attorney General Court Ordered and Voluntary Compliance
5		Payment Projects Fund.............................$38,974
6		Attorney General Sex Offender Awareness,
7		Training, and Education Fund.........................$539
8		Aggregate Operations Regulatory Fund.....................$711
9		Agricultural Premium Fund.............................$25,265
10		Attorney General's State Projects and Court
11		Ordered Distribution Fund.........................$43,667
12		Anna Veterans Home Fund...............................$15,792
13		Appraisal Administration Fund..........................$4,017
14		Attorney General Whistleblower Reward
15		and Protection Fund...............................$22,896
16		Bank and Trust Company Fund...........................$78,017
17		Cannabis Expungement Fund..............................$4,501
18		Capital Development Board Revolving Fund...............$2,494
19		Care Provider Fund for Persons with
20		a Developmental Disability.........................$5,707
21		CDLIS/AAMVAnet/NMVTIS Trust Fund.......................$1,702
22		Cemetery Oversight Licensing and Disciplinary Fund.....$5,002
23		Chicago State University Education
24		Improvement Fund..................................$16,218
25		Child Support Administrative Fund......................$2,657
26		Clean Air Act Permit Fund.............................$10,108

HB3817 Enrolled - 73 - LRB103 30519 DTM 56952 b
1		Coal Technology Development Assistance Fund...........$12,943
2		Commitment to Human Services Fund....................$111,465
3		Common School Fund...................................$445,997
4		Community Mental Health Medicaid Trust Fund............$9,599
5		Community Water Supply Laboratory Fund...................$637
6		Credit Union Fund.....................................$16,048
7		DCFS Children's Services Fund........................$287,247
8		Department of Business Services
9		Special Operations Fund............................$4,402
10		Department of Corrections Reimbursement
11		and Education Fund................................$60,429
12		Design Professionals Administration
13		and Investigation Fund.............................$3,362
14		Department of Human Services Community Services Fund...$5,239
15		Downstate Public Transportation Fund..................$30,625
16		Driver Services Administration Fund......................$639
17		Drivers Education Fund.................................$1,202
18		Drug Rebate Fund......................................$22,702
19		Drug Treatment Fund......................................$571
20		Drycleaner Environmental Response Trust Fund.............$846
21		Education Assistance Fund..........................$1,969,661
22		Environmental Protection Permit and
23		Inspection Fund....................................$7,079
24		Facilities Management Revolving Fund..................$16,163
25		Federal High Speed Rail Trust Fund.....................$1,264
26		Federal Workforce Training Fund.......................$91,791

HB3817 Enrolled - 74 - LRB103 30519 DTM 56952 b
1		Feed Control Fund......................................$1,701
2		Fertilizer Control Fund................................$1,791
3		Fire Prevention Fund...................................$3,507
4		Firearm Dealer License Certification Fund................$648
5		Fund for the Advancement of Education.................$44,609
6		General Professions Dedicated Fund....................$31,353
7		General Revenue Fund..............................$17,663,958
8		Grade Crossing Protection Fund.........................$1,856
9		Hazardous Waste Fund...................................$8,446
10		Health and Human Services Medicaid Trust Fund..........$6,134
11		Healthcare Provider Relief Fund......................$185,164
12		Horse Racing Fund....................................$169,632
13		Hospital Provider Fund................................$63,346
14		ICCB Federal Trust Fund..............................$10,805
15		Illinois Affordable Housing Trust Fund.................$5,414
16		Illinois Charity Bureau Fund...........................$3,298
17		Illinois Clean Water Fund.............................$11,951
18		Illinois Forestry Development Fund....................$11,004
19		Illinois Gaming Law Enforcement Fund...................$1,869
20		IMSA Income Fund.......................................$2,188
21		Illinois Military Family Relief Fund...................$6,986
22		Illinois Power Agency Operations Fund.................$41,229
23		Illinois State Dental Disciplinary Fund................$6,127
24		Illinois State Fair Fund.................................$660
25		Illinois State Medical Disciplinary Fund..............$23,384
26		Illinois State Pharmacy Disciplinary Fund.............$10,308

HB3817 Enrolled - 75 - LRB103 30519 DTM 56952 b
1		Illinois Veterans Assistance Fund......................$2,016
2		Illinois Veterans' Rehabilitation Fund...................$862
3		Illinois Wildlife Preservation Fund....................$1,742
4		Illinois Workers' Compensation Commission
5		Operations Fund....................................$4,476
6		Income Tax Refund Fund...............................$239,691
7		Insurance Financial Regulation Fund..................$104,462
8		Insurance Premium Tax Refund Fund.....................$23,121
9		Insurance Producer Administration Fund...............$104,566
10		International Tourism Fund.............................$1,985
11		LaSalle Veterans Home Fund............................$46,145
12		LEADS Maintenance Fund...................................$681
13		Live and Learn Fund....................................$8,120
14		Local Government Distributive Fund...................$154,289
15		Long-Term Care Provider Fund...........................$6,468
16		Manteno Veterans Home Fund............................$93,493
17		Mental Health Fund....................................$12,227
18		Mental Health Reporting Fund.............................$611
19		Monitoring Device Driving Permit
20		Administration Fee Fund..............................$617
21		Motor Carrier Safety Inspection Fund...................$1,823
22		Motor Fuel Tax Fund..................................$103,497
23		Motor Vehicle License Plate Fund.......................$5,656
24		Motor Vehicle Theft Prevention and Insurance
25		Verification Trust Fund............................$2,618
26		Nursing Dedicated and Professional Fund...............$11,973

HB3817 Enrolled - 76 - LRB103 30519 DTM 56952 b
1		Off-Highway Vehicle Trails Fund........................$1,994
2		Open Space Lands Acquisition and Development Fund.....$45,493
3		Optometric Licensing and Disciplinary Board Fund.......$1,169
4		Partners For Conservation Fund........................$19,950
5		Pawnbroker Regulation Fund.............................$1,053
6		Personal Property Tax Replacement Fund...............$203,036
7		Pesticide Control Fund.................................$6,845
8		Professional Services Fund.............................$2,778
9		Professions Indirect Cost Fund.......................$172,106
10		Public Pension Regulation Fund.........................$6,919
11		Public Transportation Fund............................$77,303
12		Quincy Veterans Home Fund.............................$91,704
13		Real Estate License Administration Fund...............$33,329
14		Registered Certified Public Accountants'
15		Administration and Disciplinary Fund...............$3,617
16		Renewable Energy Resources Trust Fund..................$1,591
17		Rental Housing Support Program Fund....................$1,539
18		Residential Finance Regulatory Fund...................$20,510
19		Road Fund............................................$399,062
20		Regional Transportation Authority Occupation and
21		Use Tax Replacement Fund...........................$5,205
22		Salmon Fund..............................................$655
23		School Infrastructure Fund............................$14,015
24		Secretary of State DUI Administration Fund.............$1,025
25		Secretary of State Identification Security
26		and Theft Prevention Fund..........................$4,502

HB3817 Enrolled - 77 - LRB103 30519 DTM 56952 b
1		Secretary of State Special License Plate Fund..........$1,384
2		Secretary of State Special Services Fund...............$8,114
3		Securities Audit and Enforcement Fund..................$2,824
4		State Small Business Credit Initiative Fund............$4,331
5		Solid Waste Management Fund...........................$10,397
6		Special Education Medicaid Matching Fund...............$2,924
7		Sports Wagering Fund...................................$8,572
8		State Police Law Enforcement Administration Fund.......$6,822
9		State and Local Sales Tax Reform Fund.................$10,355
10		State Asset Forfeiture Fund............................$1,740
11		State Aviation Program Fund..............................$557
12		State Construction Account Fund......................$195,722
13		State Crime Laboratory Fund............................$7,743
14		State Gaming Fund....................................$204,660
15		State Garage Revolving Fund............................$3,731
16		State Lottery Fund...................................$129,814
17		State Offender DNA Identification System Fund..........$1,405
18		State Pensions Fund..................................$500,000
19		State Police Firearm Services Fund....................$16,122
20		State Police Services Fund............................$21,151
21		State Police Vehicle Fund..............................$3,013
22		State Police Whistleblower Reward
23		and Protection Fund................................$2,452
24		Subtitle D Management Fund.............................$1,431
25		Supplemental Low-Income Energy Assistance Fund........$68,591
26		Tax Compliance and Administration Fund.................$5,259

HB3817 Enrolled - 78 - LRB103 30519 DTM 56952 b
1		Technology Management Revolving Fund.................$244,294
2		Tobacco Settlement Recovery Fund.......................$4,653
3		Tourism Promotion Fund................................$35,322
4		Traffic and Criminal Conviction Surcharge Fund.......$136,332
5		Underground Storage Tank Fund.........................$20,429
6		University of Illinois Hospital Services Fund..........$3,664
7		Vehicle Inspection Fund...............................$11,203
8		Violent Crime Victims Assistance Fund.................$14,202
9		Weights and Measures Fund..............................$6,127
10		Working Capital Revolving Fund........................$18,120
11		Notwithstanding any provision of the law to the contrary,
12		the General Assembly hereby authorizes the use of such funds
13		for the purposes set forth in this Section.
14		These provisions do not apply to funds classified by the
15		Comptroller as federal trust funds or State trust funds. The
16		Audit Expense Fund may receive transfers from those trust
17		funds only as directed herein, except where prohibited by the
18		terms of the trust fund agreement. The Auditor General shall
19		notify the trustees of those funds of the estimated cost of the
20		audit to be incurred under the Illinois State Auditing Act for
21		the fund. The trustees of those funds shall direct the State
22		Comptroller and Treasurer to transfer the estimated amount to
23		the Audit Expense Fund.
24		The Auditor General may bill entities that are not subject
25		to the above transfer provisions, including private entities,
26		related organizations and entities whose funds are

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1		locally-held, for the cost of audits, studies, and
2		investigations incurred on their behalf. Any revenues received
3		under this provision shall be deposited into the Audit Expense
4		Fund.
5		In the event that moneys on deposit in any fund are
6		unavailable, by reason of deficiency or any other reason
7		preventing their lawful transfer, the State Comptroller shall
8		order transferred and the State Treasurer shall transfer the
9		amount deficient or otherwise unavailable from the General
10		Revenue Fund for deposit into the Audit Expense Fund.
11		On or before December 1, 1992, and each December 1
12		thereafter, the Auditor General shall notify the Governor's
13		Office of Management and Budget (formerly Bureau of the
14		Budget) of the amount estimated to be necessary to pay for
15		audits, studies, and investigations in accordance with the
16		Illinois State Auditing Act during the next succeeding fiscal
17		year for each State fund for which a transfer or reimbursement
18		is anticipated.
19		Beginning with fiscal year 1994 and during each fiscal
20		year thereafter, the Auditor General may direct the State
21		Comptroller and Treasurer to transfer moneys from funds
22		authorized by the General Assembly for that fund. In the event
23		funds, including federal and State trust funds but excluding
24		the General Revenue Fund, are transferred, during fiscal year
25		1994 and during each fiscal year thereafter, in excess of the
26		amount to pay actual costs attributable to audits, studies,

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1		and investigations as permitted or required by the Illinois
2		State Auditing Act or specific action of the General Assembly,
3		the Auditor General shall, on September 30, or as soon
4		thereafter as is practicable, direct the State Comptroller and
5		Treasurer to transfer the excess amount back to the fund from
6		which it was originally transferred.
7		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
8		102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
9		(30 ILCS 105/6z-32)
10		Sec. 6z-32. Partners for Planning and Conservation.
11		(a) The Partners for Conservation Fund (formerly known as
12		the Conservation 2000 Fund) and the Partners for Conservation
13		Projects Fund (formerly known as the Conservation 2000
14		Projects Fund) are created as special funds in the State
15		Treasury. These funds shall be used to establish a
16		comprehensive program to protect Illinois' natural resources
17		through cooperative partnerships between State government and
18		public and private landowners. Moneys in these Funds may be
19		used, subject to appropriation, by the Department of Natural
20		Resources, Environmental Protection Agency, and the Department
21		of Agriculture for purposes relating to natural resource
22		protection, planning, recreation, tourism, climate resilience,
23		and compatible agricultural and economic development
24		activities. Without limiting these general purposes, moneys in
25		these Funds may be used, subject to appropriation, for the

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1		following specific purposes:
2		(1) To foster sustainable agriculture practices and
3		control soil erosion, sedimentation, and nutrient loss
4		from farmland, including grants to Soil and Water
5		Conservation Districts for conservation practice
6		cost-share grants and for personnel, educational, and
7		administrative expenses.
8		(2) To establish and protect a system of ecosystems in
9		public and private ownership through conservation
10		easements, incentives to public and private landowners,
11		natural resource restoration and preservation, water
12		quality protection and improvement, land use and watershed
13		planning, technical assistance and grants, and land
14		acquisition provided these mechanisms are all voluntary on
15		the part of the landowner and do not involve the use of
16		eminent domain.
17		(3) To develop a systematic and long-term program to
18		effectively measure and monitor natural resources and
19		ecological conditions through investments in technology
20		and involvement of scientific experts.
21		(4) To initiate strategies to enhance, use, and
22		maintain Illinois' inland lakes through education,
23		technical assistance, research, and financial incentives.
24		(5) To partner with private landowners and with units
25		of State, federal, and local government and with
26		not-for-profit organizations in order to integrate State

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1		and federal programs with Illinois' natural resource
2		protection and restoration efforts and to meet
3		requirements to obtain federal and other funds for
4		conservation or protection of natural resources.
5		(6) To implement the State's Nutrient Loss Reduction
6		Strategy, including, but not limited to, funding the
7		resources needed to support the Strategy's Policy Working
8		Group, cover water quality monitoring in support of
9		Strategy implementation, prepare a biennial report on the
10		progress made on the Strategy every 2 years, and provide
11		cost share funding for nutrient capture projects.
12		(7) To provide capacity grants to support soil and
13		water conservation districts, including, but not limited
14		to, developing soil health plans, conducting soil health
15		assessments, peer-to-peer training, convening
16		producer-led dialogues, professional development and
17		travel stipends for meetings and educational events.
18		(b) The State Comptroller and State Treasurer shall
19		automatically transfer on the last day of each month,
20		beginning on September 30, 1995 and ending on June 30, 2024
21		2023, from the General Revenue Fund to the Partners for
22		Conservation Fund, an amount equal to 1/10 of the amount set
23		forth below in fiscal year 1996 and an amount equal to 1/12 of
24		the amount set forth below in each of the other specified
25		fiscal years:
26 Fiscal Year Amount

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1 1996 $ 3,500,000 2 1997 $ 9,000,000 3 1998 $10,000,000 4 1999 $11,000,000 5 2000 $12,500,000 6 2001 through 2004 $14,000,000 7 2005 $7,000,000 8 2006 $11,000,000 9 2007 $0 10 2008 through 2011 $14,000,000 11 2012 $12,200,000 12 2013 through 2017 $14,000,000 13 2018 $1,500,000 14 2019 $14,000,000 15 2020 $7,500,000 16 2021 through 2023 $14,000,000 17 2024 $18,000,000
18		(c) The State Comptroller and State Treasurer shall
19		automatically transfer on the last day of each month beginning
20		on July 31, 2021 and ending June 30, 2022, from the
21		Environmental Protection Permit and Inspection Fund to the
22		Partners for Conservation Fund, an amount equal to 1/12 of
23		$4,135,000.
24		(c-1) The State Comptroller and State Treasurer shall
25		automatically transfer on the last day of each month beginning
26		on July 31, 2022 and ending June 30, 2023, from the

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1		Environmental Protection Permit and Inspection Fund to the
2		Partners for Conservation Fund, an amount equal to 1/12 of
3		$5,900,000.
4		(d) There shall be deposited into the Partners for
5		Conservation Projects Fund such bond proceeds and other moneys
6		as may, from time to time, be provided by law.
7		(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21;
8		102-699, eff. 4-19-22.)
9		(30 ILCS 105/6z-35)
10		Sec. 6z-35. There is hereby created in the State Treasury
11		a special fund to be known as the Live and Learn Fund. The
12		Comptroller and the Treasurer shall transfer $1,742,000 from
13		the General Revenue Fund into the Live and Learn Fund each
14		month. The first transfer shall be made 60 days after the
15		effective date of this amendatory Act of 1993, with subsequent
16		transfers occurring on the first of each month. Moneys
17		deposited into the Fund may, subject to appropriation, be used
18		by the Secretary of State for any or all of the following
19		purposes:
20		(a) An organ donation awareness or education program.
21		(b) To provide additional funds for all types of
22		library grants as authorized and administered by the
23		Secretary of State as State Librarian.
24		On July 1, 2023, any future deposits due to the Live and
25		Learn Fund and any outstanding obligations or liabilities of

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1		that Fund shall pass to the General Revenue Fund. On November
2		1, 2023, or as soon thereafter as practical, the State
3		Comptroller shall direct and the State Treasurer shall
4		transfer the remaining balance from the Live and Learn Fund
5		into the Secretary of State Special Services Fund. This
6		Section is repealed on January 1, 2024.
7		(Source: P.A. 88-78.)
8		(30 ILCS 105/6z-43)
9		Sec. 6z-43. Tobacco Settlement Recovery Fund.
10		(a) There is created in the State Treasury a special fund
11		to be known as the Tobacco Settlement Recovery Fund, which
12		shall contain 3 accounts: (i) the General Account, (ii) the
13		Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco
14		Settlement Residual Account. There shall be deposited into the
15		several accounts of the Tobacco Settlement Recovery Fund and
16		the Attorney General Tobacco Fund all monies paid to the State
17		pursuant to (1) the Master Settlement Agreement entered in the
18		case of People of the State of Illinois v. Philip Morris, et
19		al. (Circuit Court of Cook County, No. 96-L13146) and (2) any
20		settlement with or judgment against any tobacco product
21		manufacturer other than one participating in the Master
22		Settlement Agreement in satisfaction of any released claim as
23		defined in the Master Settlement Agreement, as well as any
24		other monies as provided by law. Moneys shall be deposited
25		into the Tobacco Settlement Bond Proceeds Account and the

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1		Tobacco Settlement Residual Account as provided by the terms
2		of the Railsplitter Tobacco Settlement Authority Act, provided
3		that an annual amount not less than $2,500,000, subject to
4		appropriation, shall be deposited into the Attorney General
5		Tobacco Fund for use only by the Attorney General's office.
6		The scheduled $2,500,000 deposit into the Tobacco Settlement
7		Residual Account for fiscal year 2011 should be transferred to
8		the Attorney General Tobacco Fund in fiscal year 2012 as soon
9		as this fund has been established. All other moneys available
10		to be deposited into the Tobacco Settlement Recovery Fund
11		shall be deposited into the General Account. An investment
12		made from moneys credited to a specific account constitutes
13		part of that account and such account shall be credited with
14		all income from the investment of such moneys. The Treasurer
15		may invest the moneys in the several accounts of the Fund in
16		the same manner, in the same types of investments, and subject
17		to the same limitations provided in the Illinois Pension Code
18		for the investment of pension funds other than those
19		established under Article 3 or 4 of the Code. Notwithstanding
20		the foregoing, to the extent necessary to preserve the
21		tax-exempt status of any bonds issued pursuant to the
22		Railsplitter Tobacco Settlement Authority Act, the interest on
23		which is intended to be excludable from the gross income of the
24		owners for federal income tax purposes, moneys on deposit in
25		the Tobacco Settlement Bond Proceeds Account and the Tobacco
26		Settlement Residual Account may be invested in obligations the

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1		interest upon which is tax-exempt under the provisions of
2		Section 103 of the Internal Revenue Code of 1986, as now or
3		hereafter amended, or any successor code or provision.
4		(b) Moneys on deposit in the Tobacco Settlement Bond
5		Proceeds Account and the Tobacco Settlement Residual Account
6		may be expended, subject to appropriation, for the purposes
7		authorized in subsection (g) of Section 3-6 of the
8		Railsplitter Tobacco Settlement Authority Act.
9		(b-5) Moneys on deposit in the Tobacco Settlement Recovery
10		Fund may be expended, subject to appropriation, for payments
11		pursuant to Section 2.13 of the Governor's Office of
12		Management and Budget Act.
13		(c) As soon as may be practical after June 30, 2001, upon
14		notification from and at the direction of the Governor, the
15		State Comptroller shall direct and the State Treasurer shall
16		transfer the unencumbered balance in the Tobacco Settlement
17		Recovery Fund as of June 30, 2001, as determined by the
18		Governor, into the Budget Stabilization Fund. The Treasurer
19		may invest the moneys in the Budget Stabilization Fund in the
20		same manner, in the same types of investments, and subject to
21		the same limitations provided in the Illinois Pension Code for
22		the investment of pension funds other than those established
23		under Article 3 or 4 of the Code.
24		(d) All federal financial participation moneys received
25		pursuant to expenditures from the Fund shall be deposited into
26		the General Account.

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1		(Source: P.A. 99-78, eff. 7-20-15.)
2		(30 ILCS 105/6z-100)
3		(Section scheduled to be repealed on July 1, 2023)
4		Sec. 6z-100. Capital Development Board Revolving Fund;
5		payments into and use. All monies received by the Capital
6		Development Board for publications or copies issued by the
7		Board, and all monies received for contract administration
8		fees, charges, or reimbursements owing to the Board shall be
9		deposited into a special fund known as the Capital Development
10		Board Revolving Fund, which is hereby created in the State
11		treasury. The monies in this Fund shall be used by the Capital
12		Development Board, as appropriated, for expenditures for
13		personal services, retirement, social security, contractual
14		services, legal services, travel, commodities, printing,
15		equipment, electronic data processing, or telecommunications.
16		For fiscal year 2021 and thereafter, the monies in this Fund
17		may also be appropriated to and used by the Executive Ethics
18		Commission for oversight and administration of the Chief
19		Procurement Officer appointed under paragraph (1) of
20		subsection (a) of Section 10-20 of the Illinois Procurement
21		Code. Unexpended moneys in the Fund shall not be transferred
22		or allocated by the Comptroller or Treasurer to any other
23		fund, nor shall the Governor authorize the transfer or
24		allocation of those moneys to any other fund. This Section is
25		repealed July 1, 2025 2023.

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1		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
2		101-645, eff. 6-26-20; 102-16, eff. 6-17-21; 102-699, eff.
3		4-19-22.)
4		(30 ILCS 105/6z-121)
5		Sec. 6z-121. State Coronavirus Urgent Remediation
6		Emergency Fund.
7		(a) The State Coronavirus Urgent Remediation Emergency
8		(State CURE) Fund is created as a federal trust fund within the
9		State treasury. The State CURE Fund shall be held separate and
10		apart from all other funds in the State treasury. The State
11		CURE Fund is established: (1) to receive, directly or
12		indirectly, federal funds from the Coronavirus Relief Fund in
13		accordance with Section 5001 of the federal Coronavirus Aid,
14		Relief, and Economic Security (CARES) Act, the Coronavirus
15		State Fiscal Recovery Fund in accordance with Section 9901 of
16		the American Rescue Plan Act of 2021, or from any other federal
17		fund pursuant to any other provision of the American Rescue
18		Plan Act of 2021 or any other federal law; and (2) to provide
19		for the transfer, distribution and expenditure of such federal
20		funds as permitted in the federal Coronavirus Aid, Relief, and
21		Economic Security (CARES) Act, the American Rescue Plan Act of
22		2021, and related federal guidance or any other federal law,
23		and as authorized by this Section.
24		(b) Federal funds received by the State from the
25		Coronavirus Relief Fund in accordance with Section 5001 of the

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1		federal Coronavirus Aid, Relief, and Economic Security (CARES)
2		Act, the Coronavirus State Fiscal Recovery Fund in accordance
3		with Section 9901 of the American Rescue Plan Act of 2021, or
4		any other federal funds received pursuant to the American
5		Rescue Plan Act of 2021 or any other federal law, may be
6		deposited, directly or indirectly, into the State CURE Fund.
7		(c) Funds in the State CURE Fund may be expended, subject
8		to appropriation, directly for purposes permitted under the
9		federal law and related federal guidance governing the use of
10		such funds, which may include without limitation purposes
11		permitted in Section 5001 of the CARES Act and Sections 3201,
12		3206, and 9901 of the American Rescue Plan Act of 2021, or as
13		otherwise provided by law and consistent with appropriations
14		of the General Assembly. All federal funds received into the
15		State CURE Fund from the Coronavirus Relief Fund, the
16		Coronavirus State Fiscal Recovery Fund, or any other source
17		under the American Rescue Plan Act of 2021, may be
18		transferred, expended, or returned by the Illinois Emergency
19		Management Agency at the direction of the Governor for the
20		specific purposes permitted by the federal Coronavirus Aid,
21		Relief, and Economic Security (CARES) Act, the American Rescue
22		Plan Act of 2021, any related regulations or federal guidance,
23		and any terms and conditions of the federal awards received by
24		the State thereunder. The State Comptroller shall direct and
25		the State Treasurer shall transfer, as directed by the
26		Governor in writing, a portion of the federal funds received

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1		from the Coronavirus Relief Fund or from any other federal
2		fund pursuant to any other provision of federal law to the
3		Local Coronavirus Urgent Remediation Emergency (Local CURE)
4		Fund from time to time for the provision and administration of
5		grants to units of local government as permitted by the
6		federal Coronavirus Aid, Relief, and Economic Security (CARES)
7		Act, any related federal guidance, and any other additional
8		federal law that may provide authorization. The State
9		Comptroller shall direct and the State Treasurer shall
10		transfer amounts, as directed by the Governor in writing, from
11		the State CURE Fund to the Essential Government Services
12		Support Fund to be used for the provision of government
13		services as permitted under Section 602(c)(1)(C) of the Social
14		Security Act as enacted by Section 9901 of the American Rescue
15		Plan Act and related federal guidance. Funds in the State CURE
16		Fund also may be transferred to other funds in the State
17		treasury as reimbursement for expenditures made from such
18		other funds if the expenditures are eligible for federal
19		reimbursement under Section 5001 of the federal Coronavirus
20		Aid, Relief, and Economic Security (CARES) Act, the relevant
21		provisions of the American Rescue Plan Act of 2021, or any
22		related federal guidance.
23		(d) Once the General Assembly has enacted appropriations
24		from the State CURE Fund, the expenditure of funds from the
25		State CURE Fund shall be subject to appropriation by the
26		General Assembly, and shall be administered by the Illinois

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1		Emergency Management Agency at the direction of the Governor.
2		The Illinois Emergency Management Agency, and other agencies
3		as named in appropriations, shall transfer, distribute or
4		expend the funds. The State Comptroller shall direct and the
5		State Treasurer shall transfer funds in the State CURE Fund to
6		other funds in the State treasury as reimbursement for
7		expenditures made from such other funds if the expenditures
8		are eligible for federal reimbursement under Section 5001 of
9		the federal Coronavirus Aid, Relief, and Economic Security
10		(CARES) Act, the relevant provisions of the American Rescue
11		Plan Act of 2021, or any related federal guidance, as directed
12		in writing by the Governor. Additional funds that may be
13		received from the federal government from legislation enacted
14		in response to the impact of Coronavirus Disease 2019,
15		including fiscal stabilization payments that replace revenues
16		lost due to Coronavirus Disease 2019, The State Comptroller
17		may direct and the State Treasurer shall transfer in the
18		manner authorized or required by any related federal guidance,
19		as directed in writing by the Governor.
20		(e) The Illinois Emergency Management Agency, in
21		coordination with the Governor's Office of Management and
22		Budget, shall identify amounts derived from the State's
23		Coronavirus Relief Fund allocation and transferred from the
24		State CURE Fund as directed by the Governor under this Section
25		that remain unobligated and unexpended for the period that
26		ended on December 31, 2021. The Agency shall certify to the

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1		State Comptroller and the State Treasurer the amounts
2		identified as unobligated and unexpended. The State
3		Comptroller shall direct and the State Treasurer shall
4		transfer the unobligated and unexpended funds identified by
5		the Agency and held in other funds of the State Treasury under
6		this Section to the State CURE Fund. Unexpended funds in the
7		State CURE Fund shall be paid back to the federal government at
8		the direction of the Governor.
9		(f) In addition to any other transfers that may be
10		provided for by law, at the direction of the Governor, the
11		State Comptroller shall direct and the State Treasurer shall
12		transfer the sum of $24,523,000 from the State CURE Fund to the
13		Chicago Travel Industry Promotion Fund.
14		(g) In addition to any other transfers that may be
15		provided for by law, at the direction of the Governor, the
16		State Comptroller shall direct and the State Treasurer shall
17		transfer the sum of $30,000,000 from the State CURE Fund to the
18		Metropolitan Pier and Exposition Authority Incentive Fund.
19		(h) In addition to any other transfers that may be
20		provided for by law, at the direction of the Governor, the
21		State Comptroller shall direct and the State Treasurer shall
22		transfer the sum of $45,180,000 from the State CURE Fund to the
23		Local Tourism Fund.
24		(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
25		102-699, eff. 4-19-22.)

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1		(30 ILCS 105/6z-126)
2		Sec. 6z-126. Law Enforcement Training Fund. The Law
3		Enforcement Training Fund is hereby created as a special fund
4		in the State treasury. Moneys in the Fund shall consist of: (i)
5		90% of the revenue from increasing the insurance producer
6		license fees, as provided under subsection (a-5) of Section
7		500-135 of the Illinois Insurance Code; and (ii) 90% of the
8		moneys collected from auto insurance policy fees under Section
9		8.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft
10		Prevention and Insurance Verification Act. This Fund shall be
11		used by the Illinois Law Enforcement Training Standards Board
12		for the following purposes: (i) to fund law enforcement
13		certification compliance; (ii) for and the development and
14		provision of basic courses by Board-approved academics, and
15		in-service courses by approved academies; and (iii) for the
16		ordinary and contingent expenses of the Illinois Law
17		Enforcement Training Standards Board.
18		(Source: P.A. 102-16, eff. 6-17-21; 102-904, eff. 1-1-23;
19		102-1071, eff. 6-10-22; revised 12-13-22.)
20		(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
21		Sec. 8.3. Money in the Road Fund shall, if and when the
22		State of Illinois incurs any bonded indebtedness for the
23		construction of permanent highways, be set aside and used for
24		the purpose of paying and discharging annually the principal
25		and interest on that bonded indebtedness then due and payable,

HB3817 Enrolled - 95 - LRB103 30519 DTM 56952 b
1		and for no other purpose. The surplus, if any, in the Road Fund
2		after the payment of principal and interest on that bonded
3		indebtedness then annually due shall be used as follows:
4		first -- to pay the cost of administration of Chapters
5		2 through 10 of the Illinois Vehicle Code, except the cost
6		of administration of Articles I and II of Chapter 3 of that
7		Code, and to pay the costs of the Executive Ethics
8		Commission for oversight and administration of the Chief
9		Procurement Officer appointed under paragraph (2) of
10		subsection (a) of Section 10-20 of the Illinois
11		Procurement Code for transportation; and
12		secondly -- for expenses of the Department of
13		Transportation for construction, reconstruction,
14		improvement, repair, maintenance, operation, and
15		administration of highways in accordance with the
16		provisions of laws relating thereto, or for any purpose
17		related or incident to and connected therewith, including
18		the separation of grades of those highways with railroads
19		and with highways and including the payment of awards made
20		by the Illinois Workers' Compensation Commission under the
21		terms of the Workers' Compensation Act or Workers'
22		Occupational Diseases Act for injury or death of an
23		employee of the Division of Highways in the Department of
24		Transportation; or for the acquisition of land and the
25		erection of buildings for highway purposes, including the
26		acquisition of highway right-of-way or for investigations

HB3817 Enrolled - 96 - LRB103 30519 DTM 56952 b
1		to determine the reasonably anticipated future highway
2		needs; or for making of surveys, plans, specifications and
3		estimates for and in the construction and maintenance of
4		flight strips and of highways necessary to provide access
5		to military and naval reservations, to defense industries
6		and defense-industry sites, and to the sources of raw
7		materials and for replacing existing highways and highway
8		connections shut off from general public use at military
9		and naval reservations and defense-industry sites, or for
10		the purchase of right-of-way, except that the State shall
11		be reimbursed in full for any expense incurred in building
12		the flight strips; or for the operating and maintaining of
13		highway garages; or for patrolling and policing the public
14		highways and conserving the peace; or for the operating
15		expenses of the Department relating to the administration
16		of public transportation programs; or, during fiscal year
17		2022, for the purposes of a grant not to exceed $8,394,800
18		to the Regional Transportation Authority on behalf of PACE
19		for the purpose of ADA/Para-transit expenses; or, during
20		fiscal year 2023, for the purposes of a grant not to exceed
21		$8,394,800 to the Regional Transportation Authority on
22		behalf of PACE for the purpose of ADA/Para-transit
23		expenses; or, during fiscal year 2024, for the purposes of
24		a grant not to exceed $9,108,400 to the Regional
25		Transportation Authority on behalf of PACE for the purpose
26		of ADA/Para-transit expenses; or for any of those purposes

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1		or any other purpose that may be provided by law.
2		Appropriations for any of those purposes are payable from
3		the Road Fund. Appropriations may also be made from the Road
4		Fund for the administrative expenses of any State agency that
5		are related to motor vehicles or arise from the use of motor
6		vehicles.
7		Beginning with fiscal year 1980 and thereafter, no Road
8		Fund monies shall be appropriated to the following Departments
9		or agencies of State government for administration, grants, or
10		operations; but this limitation is not a restriction upon
11		appropriating for those purposes any Road Fund monies that are
12		eligible for federal reimbursement:
13		1. Department of Public Health;
14		2. Department of Transportation, only with respect to
15		subsidies for one-half fare Student Transportation and
16		Reduced Fare for Elderly, except fiscal year 2022 when no
17		more than $17,570,000 may be expended and except fiscal
18		year 2023 when no more than $17,570,000 may be expended
19		and except fiscal year 2024 when no more than $19,063,500
20		may be expended;
21		3. Department of Central Management Services, except
22		for expenditures incurred for group insurance premiums of
23		appropriate personnel;
24		4. Judicial Systems and Agencies.
25		Beginning with fiscal year 1981 and thereafter, no Road
26		Fund monies shall be appropriated to the following Departments

HB3817 Enrolled - 98 - LRB103 30519 DTM 56952 b
1		or agencies of State government for administration, grants, or
2		operations; but this limitation is not a restriction upon
3		appropriating for those purposes any Road Fund monies that are
4		eligible for federal reimbursement:
5		1. Illinois State Police, except for expenditures with
6		respect to the Division of Patrol Operations and Division
7		of Criminal Investigation;
8		2. Department of Transportation, only with respect to
9		Intercity Rail Subsidies, except fiscal year 2022 when no
10		more than $50,000,000 may be expended and except fiscal
11		year 2023 when no more than $55,000,000 may be expended
12		and except fiscal year 2024 when no more than $60,000,000
13		may be expended, and Rail Freight Services.
14		Beginning with fiscal year 1982 and thereafter, no Road
15		Fund monies shall be appropriated to the following Departments
16		or agencies of State government for administration, grants, or
17		operations; but this limitation is not a restriction upon
18		appropriating for those purposes any Road Fund monies that are
19		eligible for federal reimbursement: Department of Central
20		Management Services, except for awards made by the Illinois
21		Workers' Compensation Commission under the terms of the
22		Workers' Compensation Act or Workers' Occupational Diseases
23		Act for injury or death of an employee of the Division of
24		Highways in the Department of Transportation.
25		Beginning with fiscal year 1984 and thereafter, no Road
26		Fund monies shall be appropriated to the following Departments

HB3817 Enrolled - 99 - LRB103 30519 DTM 56952 b
1		or agencies of State government for administration, grants, or
2		operations; but this limitation is not a restriction upon
3		appropriating for those purposes any Road Fund monies that are
4		eligible for federal reimbursement:
5		1. Illinois State Police, except not more than 40% of
6		the funds appropriated for the Division of Patrol
7		Operations and Division of Criminal Investigation;
8		2. State Officers.
9		Beginning with fiscal year 1984 and thereafter, no Road
10		Fund monies shall be appropriated to any Department or agency
11		of State government for administration, grants, or operations
12		except as provided hereafter; but this limitation is not a
13		restriction upon appropriating for those purposes any Road
14		Fund monies that are eligible for federal reimbursement. It
15		shall not be lawful to circumvent the above appropriation
16		limitations by governmental reorganization or other methods.
17		Appropriations shall be made from the Road Fund only in
18		accordance with the provisions of this Section.
19		Money in the Road Fund shall, if and when the State of
20		Illinois incurs any bonded indebtedness for the construction
21		of permanent highways, be set aside and used for the purpose of
22		paying and discharging during each fiscal year the principal
23		and interest on that bonded indebtedness as it becomes due and
24		payable as provided in the Transportation Bond Act, and for no
25		other purpose. The surplus, if any, in the Road Fund after the
26		payment of principal and interest on that bonded indebtedness

HB3817 Enrolled - 100 - LRB103 30519 DTM 56952 b
1		then annually due shall be used as follows:
2		first -- to pay the cost of administration of Chapters
3		2 through 10 of the Illinois Vehicle Code; and
4		secondly -- no Road Fund monies derived from fees,
5		excises, or license taxes relating to registration,
6		operation and use of vehicles on public highways or to
7		fuels used for the propulsion of those vehicles, shall be
8		appropriated or expended other than for costs of
9		administering the laws imposing those fees, excises, and
10		license taxes, statutory refunds and adjustments allowed
11		thereunder, administrative costs of the Department of
12		Transportation, including, but not limited to, the
13		operating expenses of the Department relating to the
14		administration of public transportation programs, payment
15		of debts and liabilities incurred in construction and
16		reconstruction of public highways and bridges, acquisition
17		of rights-of-way for and the cost of construction,
18		reconstruction, maintenance, repair, and operation of
19		public highways and bridges under the direction and
20		supervision of the State, political subdivision, or
21		municipality collecting those monies, or during fiscal
22		year 2022 for the purposes of a grant not to exceed
23		$8,394,800 to the Regional Transportation Authority on
24		behalf of PACE for the purpose of ADA/Para-transit
25		expenses, or during fiscal year 2023 for the purposes of a
26		grant not to exceed $8,394,800 to the Regional

HB3817 Enrolled - 101 - LRB103 30519 DTM 56952 b
1		Transportation Authority on behalf of PACE for the purpose
2		of ADA/Para-transit expenses, or during fiscal year 2024
3		for the purposes of a grant not to exceed $9,108,400 to the
4		Regional Transportation Authority on behalf of PACE for
5		the purpose of ADA/Para-transit expenses, and the costs
6		for patrolling and policing the public highways (by the
7		State, political subdivision, or municipality collecting
8		that money) for enforcement of traffic laws. The
9		separation of grades of such highways with railroads and
10		costs associated with protection of at-grade highway and
11		railroad crossing shall also be permissible.
12		Appropriations for any of such purposes are payable from
13		the Road Fund or the Grade Crossing Protection Fund as
14		provided in Section 8 of the Motor Fuel Tax Law.
15		Except as provided in this paragraph, beginning with
16		fiscal year 1991 and thereafter, no Road Fund monies shall be
17		appropriated to the Illinois State Police for the purposes of
18		this Section in excess of its total fiscal year 1990 Road Fund
19		appropriations for those purposes unless otherwise provided in
20		Section 5g of this Act. For fiscal years 2003, 2004, 2005,
21		2006, and 2007 only, no Road Fund monies shall be appropriated
22		to the Department of State Police for the purposes of this
23		Section in excess of $97,310,000. For fiscal year 2008 only,
24		no Road Fund monies shall be appropriated to the Department of
25		State Police for the purposes of this Section in excess of
26		$106,100,000. For fiscal year 2009 only, no Road Fund monies

HB3817 Enrolled - 102 - LRB103 30519 DTM 56952 b
1		shall be appropriated to the Department of State Police for
2		the purposes of this Section in excess of $114,700,000.
3		Beginning in fiscal year 2010, no road fund moneys shall be
4		appropriated to the Illinois State Police. It shall not be
5		lawful to circumvent this limitation on appropriations by
6		governmental reorganization or other methods unless otherwise
7		provided in Section 5g of this Act.
8		In fiscal year 1994, no Road Fund monies shall be
9		appropriated to the Secretary of State for the purposes of
10		this Section in excess of the total fiscal year 1991 Road Fund
11		appropriations to the Secretary of State for those purposes,
12		plus $9,800,000. It shall not be lawful to circumvent this
13		limitation on appropriations by governmental reorganization or
14		other method.
15		Beginning with fiscal year 1995 and thereafter, no Road
16		Fund monies shall be appropriated to the Secretary of State
17		for the purposes of this Section in excess of the total fiscal
18		year 1994 Road Fund appropriations to the Secretary of State
19		for those purposes. It shall not be lawful to circumvent this
20		limitation on appropriations by governmental reorganization or
21		other methods.
22		Beginning with fiscal year 2000, total Road Fund
23		appropriations to the Secretary of State for the purposes of
24		this Section shall not exceed the amounts specified for the
25		following fiscal years:
26 Fiscal Year 2000 $80,500,000;

HB3817 Enrolled - 103 - LRB103 30519 DTM 56952 b
1 Fiscal Year 2001 $80,500,000; 2 Fiscal Year 2002 $80,500,000; 3 Fiscal Year 2003 $130,500,000; 4 Fiscal Year 2004 $130,500,000; 5 Fiscal Year 2005 $130,500,000; 6 Fiscal Year 2006 $130,500,000; 7 Fiscal Year 2007 $130,500,000; 8 Fiscal Year 2008 $130,500,000; 9 Fiscal Year 2009 $130,500,000.
10		For fiscal year 2010, no road fund moneys shall be
11		appropriated to the Secretary of State.
12		Beginning in fiscal year 2011, moneys in the Road Fund
13		shall be appropriated to the Secretary of State for the
14		exclusive purpose of paying refunds due to overpayment of fees
15		related to Chapter 3 of the Illinois Vehicle Code unless
16		otherwise provided for by law.
17		It shall not be lawful to circumvent this limitation on
18		appropriations by governmental reorganization or other
19		methods.
20		No new program may be initiated in fiscal year 1991 and
21		thereafter that is not consistent with the limitations imposed
22		by this Section for fiscal year 1984 and thereafter, insofar
23		as appropriation of Road Fund monies is concerned.
24		Nothing in this Section prohibits transfers from the Road
25		Fund to the State Construction Account Fund under Section 5e
26		of this Act; nor to the General Revenue Fund, as authorized by

HB3817 Enrolled - 104 - LRB103 30519 DTM 56952 b
1		Public Act 93-25.
2		The additional amounts authorized for expenditure in this
3		Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
4		shall be repaid to the Road Fund from the General Revenue Fund
5		in the next succeeding fiscal year that the General Revenue
6		Fund has a positive budgetary balance, as determined by
7		generally accepted accounting principles applicable to
8		government.
9		The additional amounts authorized for expenditure by the
10		Secretary of State and the Department of State Police in this
11		Section by Public Act 94-91 shall be repaid to the Road Fund
12		from the General Revenue Fund in the next succeeding fiscal
13		year that the General Revenue Fund has a positive budgetary
14		balance, as determined by generally accepted accounting
15		principles applicable to government.
16		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
17		102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff.
18		4-19-22; 102-813, eff. 5-13-22.)
19		(30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
20		Sec. 8.12. State Pensions Fund.
21		(a) The moneys in the State Pensions Fund shall be used
22		exclusively for the administration of the Revised Uniform
23		Unclaimed Property Act and for the expenses incurred by the
24		Auditor General for administering the provisions of Section
25		2-8.1 of the Illinois State Auditing Act and for operational

HB3817 Enrolled - 105 - LRB103 30519 DTM 56952 b
1		expenses of the Office of the State Treasurer and for the
2		funding of the unfunded liabilities of the designated
3		retirement systems. For the purposes of this Section,
4		"operational expenses of the Office of the State Treasurer"
5		includes the acquisition of land and buildings in State fiscal
6		years 2019 and 2020 for use by the Office of the State
7		Treasurer, as well as construction, reconstruction,
8		improvement, repair, and maintenance, in accordance with the
9		provisions of laws relating thereto, of such lands and
10		buildings beginning in State fiscal year 2019 and thereafter.
11		Beginning in State fiscal year 2025 2024, payments to the
12		designated retirement systems under this Section shall be in
13		addition to, and not in lieu of, any State contributions
14		required under the Illinois Pension Code.
15		"Designated retirement systems" means:
16		(1) the State Employees' Retirement System of
17		Illinois;
18		(2) the Teachers' Retirement System of the State of
19		Illinois;
20		(3) the State Universities Retirement System;
21		(4) the Judges Retirement System of Illinois; and
22		(5) the General Assembly Retirement System.
23		(b) Each year the General Assembly may make appropriations
24		from the State Pensions Fund for the administration of the
25		Revised Uniform Unclaimed Property Act.
26		(c) (Blank). As soon as possible after July 30, 2004 (the

HB3817 Enrolled - 106 - LRB103 30519 DTM 56952 b
1		effective date of Public Act 93-839), the General Assembly
2		shall appropriate from the State Pensions Fund (1) to the
3		State Universities Retirement System the amount certified
4		under Section 15-165 during the prior year, (2) to the Judges
5		Retirement System of Illinois the amount certified under
6		Section 18-140 during the prior year, and (3) to the General
7		Assembly Retirement System the amount certified under Section
8		2-134 during the prior year as part of the required State
9		contributions to each of those designated retirement systems.
10		If the amount in the State Pensions Fund does not exceed the
11		sum of the amounts certified in Sections 15-165, 18-140, and
12		2-134 by at least $5,000,000, the amount paid to each
13		designated retirement system under this subsection shall be
14		reduced in proportion to the amount certified by each of those
15		designated retirement systems.
16		(c-5) For fiscal years 2006 through 2024 2023, the General
17		Assembly shall appropriate from the State Pensions Fund to the
18		State Universities Retirement System the amount estimated to
19		be available during the fiscal year in the State Pensions
20		Fund; provided, however, that the amounts appropriated under
21		this subsection (c-5) shall not reduce the amount in the State
22		Pensions Fund below $5,000,000.
23		(c-6) For fiscal year 2025 2024 and each fiscal year
24		thereafter, as soon as may be practical after any money is
25		deposited into the State Pensions Fund from the Unclaimed
26		Property Trust Fund, the State Treasurer shall apportion the

HB3817 Enrolled - 107 - LRB103 30519 DTM 56952 b
1		deposited amount among the designated retirement systems as
2		defined in subsection (a) to reduce their actuarial reserve
3		deficiencies. The State Comptroller and State Treasurer shall
4		pay the apportioned amounts to the designated retirement
5		systems to fund the unfunded liabilities of the designated
6		retirement systems. The amount apportioned to each designated
7		retirement system shall constitute a portion of the amount
8		estimated to be available for appropriation from the State
9		Pensions Fund that is the same as that retirement system's
10		portion of the total actual reserve deficiency of the systems,
11		as determined annually by the Governor's Office of Management
12		and Budget at the request of the State Treasurer. The amounts
13		apportioned under this subsection shall not reduce the amount
14		in the State Pensions Fund below $5,000,000.
15		(d) The Governor's Office of Management and Budget shall
16		determine the individual and total reserve deficiencies of the
17		designated retirement systems. For this purpose, the
18		Governor's Office of Management and Budget shall utilize the
19		latest available audit and actuarial reports of each of the
20		retirement systems and the relevant reports and statistics of
21		the Public Employee Pension Fund Division of the Department of
22		Insurance.
23		(d-1) (Blank).
24		(e) The changes to this Section made by Public Act 88-593
25		shall first apply to distributions from the Fund for State
26		fiscal year 1996.

HB3817 Enrolled - 108 - LRB103 30519 DTM 56952 b
1		(Source: P.A. 101-10, eff. 6-5-19; 101-487, eff. 8-23-19;
2		101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-699, eff.
3		4-19-22.)
4		(30 ILCS 105/8g-1)
5		Sec. 8g-1. Fund transfers.
6		(a) (Blank).
7		(b) (Blank).
8		(c) (Blank).
9		(d) (Blank).
10		(e) (Blank).
11		(f) (Blank).
12		(g) (Blank).
13		(h) (Blank).
14		(i) (Blank).
15		(j) (Blank).
16		(k) (Blank).
17		(l) (Blank).
18		(m) (Blank).
19		(n) (Blank).
20		(o) (Blank).
21		(p) (Blank).
22		(q) (Blank).
23		(r) (Blank).
24		(s) (Blank).
25		(t) (Blank).

HB3817 Enrolled - 109 - LRB103 30519 DTM 56952 b
1		(u) In addition to any other transfers that may be
2		provided for by law, on July 1, 2021, or as soon thereafter as
3		practical, only as directed by the Director of the Governor's
4		Office of Management and Budget, the State Comptroller shall
5		direct and the State Treasurer shall transfer the sum of
6		$5,000,000 from the General Revenue Fund to the DoIT Special
7		Projects Fund, and on June 1, 2022, or as soon thereafter as
8		practical, but no later than June 30, 2022, the State
9		Comptroller shall direct and the State Treasurer shall
10		transfer the sum so transferred from the DoIT Special Projects
11		Fund to the General Revenue Fund.
12		(v) In addition to any other transfers that may be
13		provided for by law, on July 1, 2021, or as soon thereafter as
14		practical, the State Comptroller shall direct and the State
15		Treasurer shall transfer the sum of $500,000 from the General
16		Revenue Fund to the Governor's Administrative Fund.
17		(w) In addition to any other transfers that may be
18		provided for by law, on July 1, 2021, or as soon thereafter as
19		practical, the State Comptroller shall direct and the State
20		Treasurer shall transfer the sum of $500,000 from the General
21		Revenue Fund to the Grant Accountability and Transparency
22		Fund.
23		(x) In addition to any other transfers that may be
24		provided for by law, at a time or times during Fiscal Year 2022
25		as directed by the Governor, the State Comptroller shall
26		direct and the State Treasurer shall transfer up to a total of

HB3817 Enrolled - 110 - LRB103 30519 DTM 56952 b
1		$20,000,000 from the General Revenue Fund to the Illinois
2		Sports Facilities Fund to be credited to the Advance Account
3		within the Fund.
4		(y) In addition to any other transfers that may be
5		provided for by law, on June 15, 2021, or as soon thereafter as
6		practical, but no later than June 30, 2021, the State
7		Comptroller shall direct and the State Treasurer shall
8		transfer the sum of $100,000,000 from the General Revenue Fund
9		to the Technology Management Revolving Fund.
10		(z) In addition to any other transfers that may be
11		provided for by law, on April 19, 2022 (the effective date of
12		Public Act 102-699), or as soon thereafter as practical, but
13		no later than June 30, 2022, the State Comptroller shall
14		direct and the State Treasurer shall transfer the sum of
15		$148,000,000 from the General Revenue Fund to the Build
16		Illinois Bond Fund.
17		(aa) In addition to any other transfers that may be
18		provided for by law, on April 19, 2022 (the effective date of
19		Public Act 102-699), or as soon thereafter as practical, but
20		no later than June 30, 2022, the State Comptroller shall
21		direct and the State Treasurer shall transfer the sum of
22		$180,000,000 from the General Revenue Fund to the Rebuild
23		Illinois Projects Fund.
24		(bb) In addition to any other transfers that may be
25		provided for by law, on July 1, 2022, or as soon thereafter as
26		practical, the State Comptroller shall direct and the State

HB3817 Enrolled - 111 - LRB103 30519 DTM 56952 b
1		Treasurer shall transfer the sum of $500,000 from the General
2		Revenue Fund to the Governor's Administrative Fund.
3		(cc) In addition to any other transfers that may be
4		provided for by law, on July 1, 2022, or as soon thereafter as
5		practical, the State Comptroller shall direct and the State
6		Treasurer shall transfer the sum of $500,000 from the General
7		Revenue Fund to the Grant Accountability and Transparency
8		Fund.
9		(dd) In addition to any other transfers that may be
10		provided by law, on April 19, 2022 (the effective date of
11		Public Act 102-700), or as soon thereafter as practical, but
12		no later than June 30, 2022, the State Comptroller shall
13		direct and the State Treasurer shall transfer the sum of
14		$685,000,000 from the General Revenue Fund to the Income Tax
15		Refund Fund. Moneys from this transfer shall be used for the
16		purpose of making the one-time rebate payments provided under
17		Section 212.1 of the Illinois Income Tax Act.
18		(ee) In addition to any other transfers that may be
19		provided by law, beginning on April 19, 2022 (the effective
20		date of Public Act 102-700) and until December 31, 2023, at the
21		direction of the Department of Revenue, the State Comptroller
22		shall direct and the State Treasurer shall transfer from the
23		General Revenue Fund to the Income Tax Refund Fund any amounts
24		needed beyond the amounts transferred in subsection (dd) to
25		make payments of the one-time rebate payments provided under
26		Section 212.1 of the Illinois Income Tax Act.

HB3817 Enrolled - 112 - LRB103 30519 DTM 56952 b
1		(ff) In addition to any other transfers that may be
2		provided for by law, on April 19, 2022 (the effective date of
3		Public Act 102-700), or as soon thereafter as practical, but
4		no later than June 30, 2022, the State Comptroller shall
5		direct and the State Treasurer shall transfer the sum of
6		$720,000,000 from the General Revenue Fund to the Budget
7		Stabilization Fund.
8		(gg) In addition to any other transfers that may be
9		provided for by law, on July 1, 2022, or as soon thereafter as
10		practical, the State Comptroller shall direct and the State
11		Treasurer shall transfer the sum of $280,000,000 from the
12		General Revenue Fund to the Budget Stabilization Fund.
13		(hh) In addition to any other transfers that may be
14		provided for by law, on July 1, 2022, or as soon thereafter as
15		practical, the State Comptroller shall direct and the State
16		Treasurer shall transfer the sum of $200,000,000 from the
17		General Revenue Fund to the Pension Stabilization Fund.
18		(ii) In addition to any other transfers that may be
19		provided for by law, on January 1, 2023, or as soon thereafter
20		as practical, the State Comptroller shall direct and the State
21		Treasurer shall transfer the sum of $850,000,000 from the
22		General Revenue Fund to the Budget Stabilization Fund.
23		(jj) In addition to any other transfers that may be
24		provided for by law, at a time or times during Fiscal Year 2023
25		as directed by the Governor, the State Comptroller shall
26		direct and the State Treasurer shall transfer up to a total of

HB3817 Enrolled - 113 - LRB103 30519 DTM 56952 b
1		$400,000,000 from the General Revenue Fund to the Large
2		Business Attraction Fund.
3		(kk) In addition to any other transfers that may be
4		provided for by law, on January 1, 2023, or as soon thereafter
5		as practical, the State Comptroller shall direct and the State
6		Treasurer shall transfer the sum of $72,000,000 from the
7		General Revenue Fund to the Disaster Response and Recovery
8		Fund.
9		(ll) In addition to any other transfers that may be
10		provided for by law, on the effective date of the changes made
11		to this Section by this amendatory Act of the 103rd General
12		Assembly, or as soon thereafter as practical, but no later
13		than June 30, 2023, the State Comptroller shall direct and the
14		State Treasurer shall transfer the sum of $200,000,000 from
15		the General Revenue Fund to the Pension Stabilization Fund.
16		(mm) In addition to any other transfers that may be
17		provided for by law, beginning on the effective date of the
18		changes made to this Section by this amendatory Act of the
19		103rd General Assembly and until June 30, 2024, as directed by
20		the Governor, the State Comptroller shall direct and the State
21		Treasurer shall transfer up to a total of $1,500,000,000 from
22		the General Revenue Fund to the State Coronavirus Urgent
23		Remediation Emergency Fund.
24		(nn) In addition to any other transfers that may be
25		provided for by law, beginning on the effective date of the
26		changes made to this Section by this amendatory Act of the

HB3817 Enrolled - 114 - LRB103 30519 DTM 56952 b
1		103rd General Assembly and until June 30, 2024, as directed by
2		the Governor, the State Comptroller shall direct and the State
3		Treasurer shall transfer up to a total of $424,000,000 from
4		the General Revenue Fund to the Build Illinois Bond Fund.
5		(oo) In addition to any other transfers that may be
6		provided for by law, on July 1, 2023, or as soon thereafter as
7		practical, the State Comptroller shall direct and the State
8		Treasurer shall transfer the sum of $500,000 from the General
9		Revenue Fund to the Governor's Administrative Fund.
10		(pp) In addition to any other transfers that may be
11		provided for by law, on July 1, 2023, or as soon thereafter as
12		practical, the State Comptroller shall direct and the State
13		Treasurer shall transfer the sum of $500,000 from the General
14		Revenue Fund to the Grant Accountability and Transparency
15		Fund.
16		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
17		102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 102-700, Article
18		40, Section 40-5, eff. 4-19-22; 102-700, Article 80, Section
19		80-5, eff. 4-19-22; 102-1115, eff. 1-9-23.)
20		(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
21		Sec. 13.2. Transfers among line item appropriations.
22		(a) Transfers among line item appropriations from the same
23		treasury fund for the objects specified in this Section may be
24		made in the manner provided in this Section when the balance
25		remaining in one or more such line item appropriations is

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1		insufficient for the purpose for which the appropriation was
2		made.
3		(a-1) No transfers may be made from one agency to another
4		agency, nor may transfers be made from one institution of
5		higher education to another institution of higher education
6		except as provided by subsection (a-4).
7		(a-2) Except as otherwise provided in this Section,
8		transfers may be made only among the objects of expenditure
9		enumerated in this Section, except that no funds may be
10		transferred from any appropriation for personal services, from
11		any appropriation for State contributions to the State
12		Employees' Retirement System, from any separate appropriation
13		for employee retirement contributions paid by the employer,
14		nor from any appropriation for State contribution for employee
15		group insurance.
16		(a-2.5) (Blank).
17		(a-3) Further, if an agency receives a separate
18		appropriation for employee retirement contributions paid by
19		the employer, any transfer by that agency into an
20		appropriation for personal services must be accompanied by a
21		corresponding transfer into the appropriation for employee
22		retirement contributions paid by the employer, in an amount
23		sufficient to meet the employer share of the employee
24		contributions required to be remitted to the retirement
25		system.
26		(a-4) Long-Term Care Rebalancing. The Governor may

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1		designate amounts set aside for institutional services
2		appropriated from the General Revenue Fund or any other State
3		fund that receives monies for long-term care services to be
4		transferred to all State agencies responsible for the
5		administration of community-based long-term care programs,
6		including, but not limited to, community-based long-term care
7		programs administered by the Department of Healthcare and
8		Family Services, the Department of Human Services, and the
9		Department on Aging, provided that the Director of Healthcare
10		and Family Services first certifies that the amounts being
11		transferred are necessary for the purpose of assisting persons
12		in or at risk of being in institutional care to transition to
13		community-based settings, including the financial data needed
14		to prove the need for the transfer of funds. The total amounts
15		transferred shall not exceed 4% in total of the amounts
16		appropriated from the General Revenue Fund or any other State
17		fund that receives monies for long-term care services for each
18		fiscal year. A notice of the fund transfer must be made to the
19		General Assembly and posted at a minimum on the Department of
20		Healthcare and Family Services website, the Governor's Office
21		of Management and Budget website, and any other website the
22		Governor sees fit. These postings shall serve as notice to the
23		General Assembly of the amounts to be transferred. Notice
24		shall be given at least 30 days prior to transfer.
25		(b) In addition to the general transfer authority provided
26		under subsection (c), the following agencies have the specific

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1		transfer authority granted in this subsection:
2		The Department of Healthcare and Family Services is
3		authorized to make transfers representing savings attributable
4		to not increasing grants due to the births of additional
5		children from line items for payments of cash grants to line
6		items for payments for employment and social services for the
7		purposes outlined in subsection (f) of Section 4-2 of the
8		Illinois Public Aid Code.
9		The Department of Children and Family Services is
10		authorized to make transfers not exceeding 2% of the aggregate
11		amount appropriated to it within the same treasury fund for
12		the following line items among these same line items: Foster
13		Home and Specialized Foster Care and Prevention, Institutions
14		and Group Homes and Prevention, and Purchase of Adoption and
15		Guardianship Services.
16		The Department on Aging is authorized to make transfers
17		not exceeding 10% of the aggregate amount appropriated to it
18		within the same treasury fund for the following Community Care
19		Program line items among these same line items: purchase of
20		services covered by the Community Care Program and
21		Comprehensive Case Coordination.
22		The State Board of Education is authorized to make
23		transfers from line item appropriations within the same
24		treasury fund for General State Aid, General State Aid - Hold
25		Harmless, and Evidence-Based Funding, provided that no such
26		transfer may be made unless the amount transferred is no

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1		longer required for the purpose for which that appropriation
2		was made, to the line item appropriation for Transitional
3		Assistance when the balance remaining in such line item
4		appropriation is insufficient for the purpose for which the
5		appropriation was made.
6		The State Board of Education is authorized to make
7		transfers between the following line item appropriations
8		within the same treasury fund: Disabled Student
9		Services/Materials (Section 14-13.01 of the School Code),
10		Disabled Student Transportation Reimbursement (Section
11		14-13.01 of the School Code), Disabled Student Tuition -
12		Private Tuition (Section 14-7.02 of the School Code),
13		Extraordinary Special Education (Section 14-7.02b of the
14		School Code), Reimbursement for Free Lunch/Breakfast Program,
15		Summer School Payments (Section 18-4.3 of the School Code),
16		and Transportation - Regular/Vocational Reimbursement (Section
17		29-5 of the School Code). Such transfers shall be made only
18		when the balance remaining in one or more such line item
19		appropriations is insufficient for the purpose for which the
20		appropriation was made and provided that no such transfer may
21		be made unless the amount transferred is no longer required
22		for the purpose for which that appropriation was made.
23		The Department of Healthcare and Family Services is
24		authorized to make transfers not exceeding 4% of the aggregate
25		amount appropriated to it, within the same treasury fund,
26		among the various line items appropriated for Medical

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1		Assistance.
2		The Department of Central Management Services is
3		authorized to make transfers not exceeding 2% of the aggregate
4		amount appropriated to it, within the same treasury fund, from
5		the various line items appropriated to the Department, into
6		the following line item appropriations: auto liability claims
7		and related expenses and payment of claims under the State
8		Employee Indemnification Act.
9		(c) The sum of such transfers for an agency in a fiscal
10		year shall not exceed 2% of the aggregate amount appropriated
11		to it within the same treasury fund for the following objects:
12		Personal Services; Extra Help; Student and Inmate
13		Compensation; State Contributions to Retirement Systems; State
14		Contributions to Social Security; State Contribution for
15		Employee Group Insurance; Contractual Services; Travel;
16		Commodities; Printing; Equipment; Electronic Data Processing;
17		Operation of Automotive Equipment; Telecommunications
18		Services; Travel and Allowance for Committed, Paroled and
19		Discharged Prisoners; Library Books; Federal Matching Grants
20		for Student Loans; Refunds; Workers' Compensation,
21		Occupational Disease, and Tort Claims; Late Interest Penalties
22		under the State Prompt Payment Act and Sections 368a and 370a
23		of the Illinois Insurance Code; and, in appropriations to
24		institutions of higher education, Awards and Grants.
25		Notwithstanding the above, any amounts appropriated for
26		payment of workers' compensation claims to an agency to which

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1		the authority to evaluate, administer and pay such claims has
2		been delegated by the Department of Central Management
3		Services may be transferred to any other expenditure object
4		where such amounts exceed the amount necessary for the payment
5		of such claims.
6		(c-1) (Blank).
7		(c-2) (Blank).
8		(c-3) (Blank).
9		(c-4) (Blank).
10		(c-5) (Blank).
11		(c-6) (Blank).
12		(c-7) (Blank).
13		(c-8) (Blank). Special provisions for State fiscal year
14		2022. Notwithstanding any other provision of this Section, for
15		State fiscal year 2022, transfers among line item
16		appropriations to a State agency from the same State treasury
17		fund may be made for operational or lump sum expenses only,
18		provided that the sum of such transfers for a State agency in
19		State fiscal year 2022 shall not exceed 4% of the aggregate
20		amount appropriated to that State agency for operational or
21		lump sum expenses for State fiscal year 2022. For the purpose
22		of this subsection, "operational or lump sum expenses"
23		includes the following objects: personal services; extra help;
24		student and inmate compensation; State contributions to
25		retirement systems; State contributions to social security;
26		State contributions for employee group insurance; contractual

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1		services; travel; commodities; printing; equipment; electronic
2		data processing; operation of automotive equipment;
3		telecommunications services; travel and allowance for
4		committed, paroled, and discharged prisoners; library books;
5		federal matching grants for student loans; refunds; workers'
6		compensation, occupational disease, and tort claims; Late
7		Interest Penalties under the State Prompt Payment Act and
8		Sections 368a and 370a of the Illinois Insurance Code; lump
9		sum and other purposes; and lump sum operations. For the
10		purpose of this subsection, "State agency" does not include
11		the Attorney General, the Secretary of State, the Comptroller,
12		the Treasurer, or the judicial or legislative branches.
13		(c-9) Special provisions for State fiscal year 2023.
14		Notwithstanding any other provision of this Section, for State
15		fiscal year 2023, transfers among line item appropriations to
16		a State agency from the same State treasury fund may be made
17		for operational or lump sum expenses only, provided that the
18		sum of such transfers for a State agency in State fiscal year
19		2023 shall not exceed 4% of the aggregate amount appropriated
20		to that State agency for operational or lump sum expenses for
21		State fiscal year 2023. For the purpose of this subsection,
22		"operational or lump sum expenses" includes the following
23		objects: personal services; extra help; student and inmate
24		compensation; State contributions to retirement systems; State
25		contributions to social security; State contributions for
26		employee group insurance; contractual services; travel;

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1		commodities; printing; equipment; electronic data processing;
2		operation of automotive equipment; telecommunications
3		services; travel and allowance for committed, paroled, and
4		discharged prisoners; library books; federal matching grants
5		for student loans; refunds; workers' compensation,
6		occupational disease, and tort claims; late interest penalties
7		under the State Prompt Payment Act and Sections 368a and 370a
8		of the Illinois Insurance Code; lump sum and other purposes;
9		and lump sum operations. For the purpose of this subsection,
10		"State agency" does not include the Attorney General, the
11		Secretary of State, the Comptroller, the Treasurer, or the
12		judicial or legislative branches.
13		(c-10) Special provisions for State fiscal year 2024.
14		Notwithstanding any other provision of this Section, for State
15		fiscal year 2024, transfers among line item appropriations to
16		a State agency from the same State treasury fund may be made
17		for operational or lump sum expenses only, provided that the
18		sum of such transfers for a State agency in State fiscal year
19		2024 shall not exceed 8% of the aggregate amount appropriated
20		to that State agency for operational or lump sum expenses for
21		State fiscal year 2024. For the purpose of this subsection,
22		"operational or lump sum expenses" includes the following
23		objects: personal services; extra help; student and inmate
24		compensation; State contributions to retirement systems; State
25		contributions to social security; State contributions for
26		employee group insurance; contractual services; travel;

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1		commodities; printing; equipment; electronic data processing;
2		operation of automotive equipment; telecommunications
3		services; travel and allowance for committed, paroled, and
4		discharged prisoners; library books; federal matching grants
5		for student loans; refunds; workers' compensation,
6		occupational disease, and tort claims; late interest penalties
7		under the State Prompt Payment Act and Sections 368a and 370a
8		of the Illinois Insurance Code; lump sum and other purposes;
9		and lump sum operations. For the purpose of this subsection,
10		"State agency" does not include the Attorney General, the
11		Secretary of State, the Comptroller, the Treasurer, or the
12		judicial or legislative branches.
13		(d) Transfers among appropriations made to agencies of the
14		Legislative and Judicial departments and to the
15		constitutionally elected officers in the Executive branch
16		require the approval of the officer authorized in Section 10
17		of this Act to approve and certify vouchers. Transfers among
18		appropriations made to the University of Illinois, Southern
19		Illinois University, Chicago State University, Eastern
20		Illinois University, Governors State University, Illinois
21		State University, Northeastern Illinois University, Northern
22		Illinois University, Western Illinois University, the Illinois
23		Mathematics and Science Academy and the Board of Higher
24		Education require the approval of the Board of Higher
25		Education and the Governor. Transfers among appropriations to
26		all other agencies require the approval of the Governor.

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1		The officer responsible for approval shall certify that
2		the transfer is necessary to carry out the programs and
3		purposes for which the appropriations were made by the General
4		Assembly and shall transmit to the State Comptroller a
5		certified copy of the approval which shall set forth the
6		specific amounts transferred so that the Comptroller may
7		change his records accordingly. The Comptroller shall furnish
8		the Governor with information copies of all transfers approved
9		for agencies of the Legislative and Judicial departments and
10		transfers approved by the constitutionally elected officials
11		of the Executive branch other than the Governor, showing the
12		amounts transferred and indicating the dates such changes were
13		entered on the Comptroller's records.
14		(e) The State Board of Education, in consultation with the
15		State Comptroller, may transfer line item appropriations for
16		General State Aid or Evidence-Based Funding among the Common
17		School Fund and the Education Assistance Fund, and, for State
18		fiscal year 2020 and each fiscal year thereafter, the Fund for
19		the Advancement of Education. With the advice and consent of
20		the Governor's Office of Management and Budget, the State
21		Board of Education, in consultation with the State
22		Comptroller, may transfer line item appropriations between the
23		General Revenue Fund and the Education Assistance Fund for the
24		following programs:
25		(1) Disabled Student Personnel Reimbursement (Section
26		14-13.01 of the School Code);

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1		(2) Disabled Student Transportation Reimbursement
2		(subsection (b) of Section 14-13.01 of the School Code);
3		(3) Disabled Student Tuition - Private Tuition
4		(Section 14-7.02 of the School Code);
5		(4) Extraordinary Special Education (Section 14-7.02b
6		of the School Code);
7		(5) Reimbursement for Free Lunch/Breakfast Programs;
8		(6) Summer School Payments (Section 18-4.3 of the
9		School Code);
10		(7) Transportation - Regular/Vocational Reimbursement
11		(Section 29-5 of the School Code);
12		(8) Regular Education Reimbursement (Section 18-3 of
13		the School Code); and
14		(9) Special Education Reimbursement (Section 14-7.03
15		of the School Code).
16		(f) For State fiscal year 2020 and each fiscal year
17		thereafter, the Department on Aging, in consultation with the
18		State Comptroller, with the advice and consent of the
19		Governor's Office of Management and Budget, may transfer line
20		item appropriations for purchase of services covered by the
21		Community Care Program between the General Revenue Fund and
22		the Commitment to Human Services Fund.
23		(g) For State fiscal year 2024 and each fiscal year
24		thereafter, if requested by an agency chief executive officer
25		and authorized and approved by the Comptroller, the
26		Comptroller may direct and the Treasurer shall transfer funds

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1		from the General Revenue Fund to fund payroll expenses that
2		meet the payroll transaction exception criteria as defined by
3		the Comptroller in the Statewide Accounting Management System
4		(SAMS) Manual. The agency shall then transfer these funds back
5		to the General Revenue Fund within 7 days.
6		(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
7		101-275, eff. 8-9-19; 101-636, eff. 6-10-20; 102-16, eff.
8		6-17-21; 102-699, eff. 4-19-22.)
9		(30 ILCS 105/25) (from Ch. 127, par. 161)
10		Sec. 25. Fiscal year limitations.
11		(a) All appropriations shall be available for expenditure
12		for the fiscal year or for a lesser period if the Act making
13		that appropriation so specifies. A deficiency or emergency
14		appropriation shall be available for expenditure only through
15		June 30 of the year when the Act making that appropriation is
16		enacted unless that Act otherwise provides.
17		(b) Outstanding liabilities as of June 30, payable from
18		appropriations which have otherwise expired, may be paid out
19		of the expiring appropriations during the 2-month period
20		ending at the close of business on August 31. Any service
21		involving professional or artistic skills or any personal
22		services by an employee whose compensation is subject to
23		income tax withholding must be performed as of June 30 of the
24		fiscal year in order to be considered an "outstanding
25		liability as of June 30" that is thereby eligible for payment

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1		out of the expiring appropriation.
2		(b-1) However, payment of tuition reimbursement claims
3		under Section 14-7.03 or 18-3 of the School Code may be made by
4		the State Board of Education from its appropriations for those
5		respective purposes for any fiscal year, even though the
6		claims reimbursed by the payment may be claims attributable to
7		a prior fiscal year, and payments may be made at the direction
8		of the State Superintendent of Education from the fund from
9		which the appropriation is made without regard to any fiscal
10		year limitations, except as required by subsection (j) of this
11		Section. Beginning on June 30, 2021, payment of tuition
12		reimbursement claims under Section 14-7.03 or 18-3 of the
13		School Code as of June 30, payable from appropriations that
14		have otherwise expired, may be paid out of the expiring
15		appropriation during the 4-month period ending at the close of
16		business on October 31.
17		(b-2) (Blank).
18		(b-2.5) (Blank).
19		(b-2.6) (Blank).
20		(b-2.6a) (Blank).
21		(b-2.6b) (Blank).
22		(b-2.6c) (Blank).
23		(b-2.6d) All outstanding liabilities as of June 30, 2020,
24		payable from appropriations that would otherwise expire at the
25		conclusion of the lapse period for fiscal year 2020, and
26		interest penalties payable on those liabilities under the

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1		State Prompt Payment Act, may be paid out of the expiring
2		appropriations until December 31, 2020, without regard to the
3		fiscal year in which the payment is made, as long as vouchers
4		for the liabilities are received by the Comptroller no later
5		than September 30, 2020.
6		(b-2.6e) All outstanding liabilities as of June 30, 2021,
7		payable from appropriations that would otherwise expire at the
8		conclusion of the lapse period for fiscal year 2021, and
9		interest penalties payable on those liabilities under the
10		State Prompt Payment Act, may be paid out of the expiring
11		appropriations until September 30, 2021, without regard to the
12		fiscal year in which the payment is made.
13		(b-2.7) For fiscal years 2012, 2013, 2014, 2018, and each
14		fiscal year thereafter 2019, 2020, 2021, 2022, and 2023,
15		interest penalties payable under the State Prompt Payment Act
16		associated with a voucher for which payment is issued after
17		June 30 may be paid out of the next fiscal year's
18		appropriation. The future year appropriation must be for the
19		same purpose and from the same fund as the original payment. An
20		interest penalty voucher submitted against a future year
21		appropriation must be submitted within 60 days after the
22		issuance of the associated voucher, except that, for fiscal
23		year 2018 only, an interest penalty voucher submitted against
24		a future year appropriation must be submitted within 60 days
25		of June 5, 2019 (the effective date of Public Act 101-10). The
26		Comptroller must issue the interest payment within 60 days

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1		after acceptance of the interest voucher.
2		(b-3) Medical payments may be made by the Department of
3		Veterans' Affairs from its appropriations for those purposes
4		for any fiscal year, without regard to the fact that the
5		medical services being compensated for by such payment may
6		have been rendered in a prior fiscal year, except as required
7		by subsection (j) of this Section. Beginning on June 30, 2021,
8		medical payments payable from appropriations that have
9		otherwise expired may be paid out of the expiring
10		appropriation during the 4-month period ending at the close of
11		business on October 31.
12		(b-4) Medical payments and child care payments may be made
13		by the Department of Human Services (as successor to the
14		Department of Public Aid) from appropriations for those
15		purposes for any fiscal year, without regard to the fact that
16		the medical or child care services being compensated for by
17		such payment may have been rendered in a prior fiscal year; and
18		payments may be made at the direction of the Department of
19		Healthcare and Family Services (or successor agency) from the
20		Health Insurance Reserve Fund without regard to any fiscal
21		year limitations, except as required by subsection (j) of this
22		Section. Beginning on June 30, 2021, medical and child care
23		payments made by the Department of Human Services and payments
24		made at the discretion of the Department of Healthcare and
25		Family Services (or successor agency) from the Health
26		Insurance Reserve Fund and payable from appropriations that

HB3817 Enrolled - 130 - LRB103 30519 DTM 56952 b
1		have otherwise expired may be paid out of the expiring
2		appropriation during the 4-month period ending at the close of
3		business on October 31.
4		(b-5) Medical payments may be made by the Department of
5		Human Services from its appropriations relating to substance
6		abuse treatment services for any fiscal year, without regard
7		to the fact that the medical services being compensated for by
8		such payment may have been rendered in a prior fiscal year,
9		provided the payments are made on a fee-for-service basis
10		consistent with requirements established for Medicaid
11		reimbursement by the Department of Healthcare and Family
12		Services, except as required by subsection (j) of this
13		Section. Beginning on June 30, 2021, medical payments made by
14		the Department of Human Services relating to substance abuse
15		treatment services payable from appropriations that have
16		otherwise expired may be paid out of the expiring
17		appropriation during the 4-month period ending at the close of
18		business on October 31.
19		(b-6) (Blank).
20		(b-7) Payments may be made in accordance with a plan
21		authorized by paragraph (11) or (12) of Section 405-105 of the
22		Department of Central Management Services Law from
23		appropriations for those payments without regard to fiscal
24		year limitations.
25		(b-8) Reimbursements to eligible airport sponsors for the
26		construction or upgrading of Automated Weather Observation

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1		Systems may be made by the Department of Transportation from
2		appropriations for those purposes for any fiscal year, without
3		regard to the fact that the qualification or obligation may
4		have occurred in a prior fiscal year, provided that at the time
5		the expenditure was made the project had been approved by the
6		Department of Transportation prior to June 1, 2012 and, as a
7		result of recent changes in federal funding formulas, can no
8		longer receive federal reimbursement.
9		(b-9) (Blank).
10		(c) Further, payments may be made by the Department of
11		Public Health and the Department of Human Services (acting as
12		successor to the Department of Public Health under the
13		Department of Human Services Act) from their respective
14		appropriations for grants for medical care to or on behalf of
15		premature and high-mortality risk infants and their mothers
16		and for grants for supplemental food supplies provided under
17		the United States Department of Agriculture Women, Infants and
18		Children Nutrition Program, for any fiscal year without regard
19		to the fact that the services being compensated for by such
20		payment may have been rendered in a prior fiscal year, except
21		as required by subsection (j) of this Section. Beginning on
22		June 30, 2021, payments made by the Department of Public
23		Health and the Department of Human Services from their
24		respective appropriations for grants for medical care to or on
25		behalf of premature and high-mortality risk infants and their
26		mothers and for grants for supplemental food supplies provided

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1		under the United States Department of Agriculture Women,
2		Infants and Children Nutrition Program payable from
3		appropriations that have otherwise expired may be paid out of
4		the expiring appropriations during the 4-month period ending
5		at the close of business on October 31.
6		(d) The Department of Public Health and the Department of
7		Human Services (acting as successor to the Department of
8		Public Health under the Department of Human Services Act)
9		shall each annually submit to the State Comptroller, Senate
10		President, Senate Minority Leader, Speaker of the House, House
11		Minority Leader, and the respective Chairmen and Minority
12		Spokesmen of the Appropriations Committees of the Senate and
13		the House, on or before December 31, a report of fiscal year
14		funds used to pay for services provided in any prior fiscal
15		year. This report shall document by program or service
16		category those expenditures from the most recently completed
17		fiscal year used to pay for services provided in prior fiscal
18		years.
19		(e) The Department of Healthcare and Family Services, the
20		Department of Human Services (acting as successor to the
21		Department of Public Aid), and the Department of Human
22		Services making fee-for-service payments relating to substance
23		abuse treatment services provided during a previous fiscal
24		year shall each annually submit to the State Comptroller,
25		Senate President, Senate Minority Leader, Speaker of the
26		House, House Minority Leader, the respective Chairmen and

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1		Minority Spokesmen of the Appropriations Committees of the
2		Senate and the House, on or before November 30, a report that
3		shall document by program or service category those
4		expenditures from the most recently completed fiscal year used
5		to pay for (i) services provided in prior fiscal years and (ii)
6		services for which claims were received in prior fiscal years.
7		(f) The Department of Human Services (as successor to the
8		Department of Public Aid) shall annually submit to the State
9		Comptroller, Senate President, Senate Minority Leader, Speaker
10		of the House, House Minority Leader, and the respective
11		Chairmen and Minority Spokesmen of the Appropriations
12		Committees of the Senate and the House, on or before December
13		31, a report of fiscal year funds used to pay for services
14		(other than medical care) provided in any prior fiscal year.
15		This report shall document by program or service category
16		those expenditures from the most recently completed fiscal
17		year used to pay for services provided in prior fiscal years.
18		(g) In addition, each annual report required to be
19		submitted by the Department of Healthcare and Family Services
20		under subsection (e) shall include the following information
21		with respect to the State's Medicaid program:
22		(1) Explanations of the exact causes of the variance
23		between the previous year's estimated and actual
24		liabilities.
25		(2) Factors affecting the Department of Healthcare and
26		Family Services' liabilities, including, but not limited

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1		to, numbers of aid recipients, levels of medical service
2		utilization by aid recipients, and inflation in the cost
3		of medical services.
4		(3) The results of the Department's efforts to combat
5		fraud and abuse.
6		(h) As provided in Section 4 of the General Assembly
7		Compensation Act, any utility bill for service provided to a
8		General Assembly member's district office for a period
9		including portions of 2 consecutive fiscal years may be paid
10		from funds appropriated for such expenditure in either fiscal
11		year.
12		(i) An agency which administers a fund classified by the
13		Comptroller as an internal service fund may issue rules for:
14		(1) billing user agencies in advance for payments or
15		authorized inter-fund transfers based on estimated charges
16		for goods or services;
17		(2) issuing credits, refunding through inter-fund
18		transfers, or reducing future inter-fund transfers during
19		the subsequent fiscal year for all user agency payments or
20		authorized inter-fund transfers received during the prior
21		fiscal year which were in excess of the final amounts owed
22		by the user agency for that period; and
23		(3) issuing catch-up billings to user agencies during
24		the subsequent fiscal year for amounts remaining due when
25		payments or authorized inter-fund transfers received from
26		the user agency during the prior fiscal year were less

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1		than the total amount owed for that period.
2		User agencies are authorized to reimburse internal service
3		funds for catch-up billings by vouchers drawn against their
4		respective appropriations for the fiscal year in which the
5		catch-up billing was issued or by increasing an authorized
6		inter-fund transfer during the current fiscal year. For the
7		purposes of this Act, "inter-fund transfers" means transfers
8		without the use of the voucher-warrant process, as authorized
9		by Section 9.01 of the State Comptroller Act.
10		(i-1) Beginning on July 1, 2021, all outstanding
11		liabilities, not payable during the 4-month lapse period as
12		described in subsections (b-1), (b-3), (b-4), (b-5), and (c)
13		of this Section, that are made from appropriations for that
14		purpose for any fiscal year, without regard to the fact that
15		the services being compensated for by those payments may have
16		been rendered in a prior fiscal year, are limited to only those
17		claims that have been incurred but for which a proper bill or
18		invoice as defined by the State Prompt Payment Act has not been
19		received by September 30th following the end of the fiscal
20		year in which the service was rendered.
21		(j) Notwithstanding any other provision of this Act, the
22		aggregate amount of payments to be made without regard for
23		fiscal year limitations as contained in subsections (b-1),
24		(b-3), (b-4), (b-5), and (c) of this Section, and determined
25		by using Generally Accepted Accounting Principles, shall not
26		exceed the following amounts:

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1		(1) $6,000,000,000 for outstanding liabilities related
2		to fiscal year 2012;
3		(2) $5,300,000,000 for outstanding liabilities related
4		to fiscal year 2013;
5		(3) $4,600,000,000 for outstanding liabilities related
6		to fiscal year 2014;
7		(4) $4,000,000,000 for outstanding liabilities related
8		to fiscal year 2015;
9		(5) $3,300,000,000 for outstanding liabilities related
10		to fiscal year 2016;
11		(6) $2,600,000,000 for outstanding liabilities related
12		to fiscal year 2017;
13		(7) $2,000,000,000 for outstanding liabilities related
14		to fiscal year 2018;
15		(8) $1,300,000,000 for outstanding liabilities related
16		to fiscal year 2019;
17		(9) $600,000,000 for outstanding liabilities related
18		to fiscal year 2020; and
19		(10) $0 for outstanding liabilities related to fiscal
20		year 2021 and fiscal years thereafter.
21		(k) Department of Healthcare and Family Services Medical
22		Assistance Payments.
23		(1) Definition of Medical Assistance.
24		For purposes of this subsection, the term "Medical
25		Assistance" shall include, but not necessarily be
26		limited to, medical programs and services authorized

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1		under Titles XIX and XXI of the Social Security Act,
2		the Illinois Public Aid Code, the Children's Health
3		Insurance Program Act, the Covering ALL KIDS Health
4		Insurance Act, the Long Term Acute Care Hospital
5		Quality Improvement Transfer Program Act, and medical
6		care to or on behalf of persons suffering from chronic
7		renal disease, persons suffering from hemophilia, and
8		victims of sexual assault.
9		(2) Limitations on Medical Assistance payments that
10		may be paid from future fiscal year appropriations.
11		(A) The maximum amounts of annual unpaid Medical
12		Assistance bills received and recorded by the
13		Department of Healthcare and Family Services on or
14		before June 30th of a particular fiscal year
15		attributable in aggregate to the General Revenue Fund,
16		Healthcare Provider Relief Fund, Tobacco Settlement
17		Recovery Fund, Long-Term Care Provider Fund, and the
18		Drug Rebate Fund that may be paid in total by the
19		Department from future fiscal year Medical Assistance
20		appropriations to those funds are: $700,000,000 for
21		fiscal year 2013 and $100,000,000 for fiscal year 2014
22		and each fiscal year thereafter.
23		(B) Bills for Medical Assistance services rendered
24		in a particular fiscal year, but received and recorded
25		by the Department of Healthcare and Family Services
26		after June 30th of that fiscal year, may be paid from

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1		either appropriations for that fiscal year or future
2		fiscal year appropriations for Medical Assistance.
3		Such payments shall not be subject to the requirements
4		of subparagraph (A).
5		(C) Medical Assistance bills received by the
6		Department of Healthcare and Family Services in a
7		particular fiscal year, but subject to payment amount
8		adjustments in a future fiscal year may be paid from a
9		future fiscal year's appropriation for Medical
10		Assistance. Such payments shall not be subject to the
11		requirements of subparagraph (A).
12		(D) Medical Assistance payments made by the
13		Department of Healthcare and Family Services from
14		funds other than those specifically referenced in
15		subparagraph (A) may be made from appropriations for
16		those purposes for any fiscal year without regard to
17		the fact that the Medical Assistance services being
18		compensated for by such payment may have been rendered
19		in a prior fiscal year. Such payments shall not be
20		subject to the requirements of subparagraph (A).
21		(3) Extended lapse period for Department of Healthcare
22		and Family Services Medical Assistance payments.
23		Notwithstanding any other State law to the contrary,
24		outstanding Department of Healthcare and Family Services
25		Medical Assistance liabilities, as of June 30th, payable
26		from appropriations which have otherwise expired, may be

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1		paid out of the expiring appropriations during the 4-month
2		period ending at the close of business on October 31st.
3		(l) The changes to this Section made by Public Act 97-691
4		shall be effective for payment of Medical Assistance bills
5		incurred in fiscal year 2013 and future fiscal years. The
6		changes to this Section made by Public Act 97-691 shall not be
7		applied to Medical Assistance bills incurred in fiscal year
8		2012 or prior fiscal years.
9		(m) The Comptroller must issue payments against
10		outstanding liabilities that were received prior to the lapse
11		period deadlines set forth in this Section as soon thereafter
12		as practical, but no payment may be issued after the 4 months
13		following the lapse period deadline without the signed
14		authorization of the Comptroller and the Governor.
15		(Source: P.A. 101-10, eff. 6-5-19; 101-275, eff. 8-9-19;
16		101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-291, eff.
17		8-6-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22.)
18		Section 5-55. The State Revenue Sharing Act is amended by
19		changing Section 12 as follows:
20		(30 ILCS 115/12) (from Ch. 85, par. 616)
21		Sec. 12. Personal Property Tax Replacement Fund. There is
22		hereby created the Personal Property Tax Replacement Fund, a
23		special fund in the State Treasury into which shall be paid all
24		revenue realized:

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1		(a) all amounts realized from the additional personal
2		property tax replacement income tax imposed by subsections
3		(c) and (d) of Section 201 of the Illinois Income Tax Act,
4		except for those amounts deposited into the Income Tax
5		Refund Fund pursuant to subsection (c) of Section 901 of
6		the Illinois Income Tax Act; and
7		(b) all amounts realized from the additional personal
8		property replacement invested capital taxes imposed by
9		Section 2a.1 of the Messages Tax Act, Section 2a.1 of the
10		Gas Revenue Tax Act, Section 2a.1 of the Public Utilities
11		Revenue Act, and Section 3 of the Water Company Invested
12		Capital Tax Act, and amounts payable to the Department of
13		Revenue under the Telecommunications Infrastructure
14		Maintenance Fee Act.
15		As soon as may be after the end of each month, the
16		Department of Revenue shall certify to the Treasurer and the
17		Comptroller the amount of all refunds paid out of the General
18		Revenue Fund through the preceding month on account of
19		overpayment of liability on taxes paid into the Personal
20		Property Tax Replacement Fund. Upon receipt of such
21		certification, the Treasurer and the Comptroller shall
22		transfer the amount so certified from the Personal Property
23		Tax Replacement Fund into the General Revenue Fund.
24		The payments of revenue into the Personal Property Tax
25		Replacement Fund shall be used exclusively for distribution to
26		taxing districts, regional offices and officials, and local

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1		officials as provided in this Section and in the School Code,
2		payment of the ordinary and contingent expenses of the
3		Property Tax Appeal Board, payment of the expenses of the
4		Department of Revenue incurred in administering the collection
5		and distribution of monies paid into the Personal Property Tax
6		Replacement Fund and transfers due to refunds to taxpayers for
7		overpayment of liability for taxes paid into the Personal
8		Property Tax Replacement Fund.
9		In addition, moneys in the Personal Property Tax
10		Replacement Fund may be used to pay any of the following: (i)
11		salary, stipends, and additional compensation as provided by
12		law for chief election clerks, county clerks, and county
13		recorders; (ii) costs associated with regional offices of
14		education and educational service centers; (iii)
15		reimbursements payable by the State Board of Elections under
16		Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
17		Election Code; (iv) expenses of the Illinois Educational Labor
18		Relations Board; and (v) salary, personal services, and
19		additional compensation as provided by law for court reporters
20		under the Court Reporters Act.
21		As soon as may be after June 26, 1980 (the effective date
22		of Public Act 81-1255), the Department of Revenue shall
23		certify to the Treasurer the amount of net replacement revenue
24		paid into the General Revenue Fund prior to that effective
25		date from the additional tax imposed by Section 2a.1 of the
26		Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act;

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1		Section 2a.1 of the Public Utilities Revenue Act; Section 3 of
2		the Water Company Invested Capital Tax Act; amounts collected
3		by the Department of Revenue under the Telecommunications
4		Infrastructure Maintenance Fee Act; and the additional
5		personal property tax replacement income tax imposed by the
6		Illinois Income Tax Act, as amended by Public Act 81-1st
7		Special Session-1. Net replacement revenue shall be defined as
8		the total amount paid into and remaining in the General
9		Revenue Fund as a result of those Acts minus the amount
10		outstanding and obligated from the General Revenue Fund in
11		state vouchers or warrants prior to June 26, 1980 (the
12		effective date of Public Act 81-1255) as refunds to taxpayers
13		for overpayment of liability under those Acts.
14		All interest earned by monies accumulated in the Personal
15		Property Tax Replacement Fund shall be deposited in such Fund.
16		All amounts allocated pursuant to this Section are
17		appropriated on a continuing basis.
18		Prior to December 31, 1980, as soon as may be after the end
19		of each quarter beginning with the quarter ending December 31,
20		1979, and on and after December 31, 1980, as soon as may be
21		after January 1, March 1, April 1, May 1, July 1, August 1,
22		October 1 and December 1 of each year, the Department of
23		Revenue shall allocate to each taxing district as defined in
24		Section 1-150 of the Property Tax Code, in accordance with the
25		provisions of paragraph (2) of this Section the portion of the
26		funds held in the Personal Property Tax Replacement Fund which

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1		is required to be distributed, as provided in paragraph (1),
2		for each quarter. Provided, however, under no circumstances
3		shall any taxing district during each of the first two years of
4		distribution of the taxes imposed by Public Act 81-1st Special
5		Session-1 be entitled to an annual allocation which is less
6		than the funds such taxing district collected from the 1978
7		personal property tax. Provided further that under no
8		circumstances shall any taxing district during the third year
9		of distribution of the taxes imposed by Public Act 81-1st
10		Special Session-1 receive less than 60% of the funds such
11		taxing district collected from the 1978 personal property tax.
12		In the event that the total of the allocations made as above
13		provided for all taxing districts, during either of such 3
14		years, exceeds the amount available for distribution the
15		allocation of each taxing district shall be proportionately
16		reduced. Except as provided in Section 13 of this Act, the
17		Department shall then certify, pursuant to appropriation, such
18		allocations to the State Comptroller who shall pay over to the
19		several taxing districts the respective amounts allocated to
20		them.
21		Any township which receives an allocation based in whole
22		or in part upon personal property taxes which it levied
23		pursuant to Section 6-507 or 6-512 of the Illinois Highway
24		Code and which was previously required to be paid over to a
25		municipality shall immediately pay over to that municipality a
26		proportionate share of the personal property replacement funds

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1		which such township receives.
2		Any municipality or township, other than a municipality
3		with a population in excess of 500,000, which receives an
4		allocation based in whole or in part on personal property
5		taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of
6		the Illinois Local Library Act and which was previously
7		required to be paid over to a public library shall immediately
8		pay over to that library a proportionate share of the personal
9		property tax replacement funds which such municipality or
10		township receives; provided that if such a public library has
11		converted to a library organized under the Illinois Public
12		Library District Act, regardless of whether such conversion
13		has occurred on, after or before January 1, 1988, such
14		proportionate share shall be immediately paid over to the
15		library district which maintains and operates the library.
16		However, any library that has converted prior to January 1,
17		1988, and which hitherto has not received the personal
18		property tax replacement funds, shall receive such funds
19		commencing on January 1, 1988.
20		Any township which receives an allocation based in whole
21		or in part on personal property taxes which it levied pursuant
22		to Section 1c of the Public Graveyards Act and which taxes were
23		previously required to be paid over to or used for such public
24		cemetery or cemeteries shall immediately pay over to or use
25		for such public cemetery or cemeteries a proportionate share
26		of the personal property tax replacement funds which the

HB3817 Enrolled - 145 - LRB103 30519 DTM 56952 b
1		township receives.
2		Any taxing district which receives an allocation based in
3		whole or in part upon personal property taxes which it levied
4		for another governmental body or school district in Cook
5		County in 1976 or for another governmental body or school
6		district in the remainder of the State in 1977 shall
7		immediately pay over to that governmental body or school
8		district the amount of personal property replacement funds
9		which such governmental body or school district would receive
10		directly under the provisions of paragraph (2) of this
11		Section, had it levied its own taxes.
12		(1) The portion of the Personal Property Tax
13		Replacement Fund required to be distributed as of the time
14		allocation is required to be made shall be the amount
15		available in such Fund as of the time allocation is
16		required to be made.
17		The amount available for distribution shall be the
18		total amount in the fund at such time minus the necessary
19		administrative and other authorized expenses as limited by
20		the appropriation and the amount determined by: (a) $2.8
21		million for fiscal year 1981; (b) for fiscal year 1982,
22		.54% of the funds distributed from the fund during the
23		preceding fiscal year; (c) for fiscal year 1983 through
24		fiscal year 1988, .54% of the funds distributed from the
25		fund during the preceding fiscal year less .02% of such
26		fund for fiscal year 1983 and less .02% of such funds for

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1		each fiscal year thereafter; (d) for fiscal year 1989
2		through fiscal year 2011 no more than 105% of the actual
3		administrative expenses of the prior fiscal year; (e) for
4		fiscal year 2012 and beyond, a sufficient amount to pay
5		(i) stipends, additional compensation, salary
6		reimbursements, and other amounts directed to be paid out
7		of this Fund for local officials as authorized or required
8		by statute and (ii) the ordinary and contingent expenses
9		of the Property Tax Appeal Board and the expenses of the
10		Department of Revenue incurred in administering the
11		collection and distribution of moneys paid into the Fund;
12		(f) for fiscal years 2012 and 2013 only, a sufficient
13		amount to pay stipends, additional compensation, salary
14		reimbursements, and other amounts directed to be paid out
15		of this Fund for regional offices and officials as
16		authorized or required by statute; or (g) for fiscal years
17		2018 through 2024 2023 only, a sufficient amount to pay
18		amounts directed to be paid out of this Fund for public
19		community college base operating grants and local health
20		protection grants to certified local health departments as
21		authorized or required by appropriation or statute. Such
22		portion of the fund shall be determined after the transfer
23		into the General Revenue Fund due to refunds, if any, paid
24		from the General Revenue Fund during the preceding
25		quarter. If at any time, for any reason, there is
26		insufficient amount in the Personal Property Tax

HB3817 Enrolled - 147 - LRB103 30519 DTM 56952 b
1		Replacement Fund for payments for regional offices and
2		officials or local officials or payment of costs of
3		administration or for transfers due to refunds at the end
4		of any particular month, the amount of such insufficiency
5		shall be carried over for the purposes of payments for
6		regional offices and officials, local officials, transfers
7		into the General Revenue Fund, and costs of administration
8		to the following month or months. Net replacement revenue
9		held, and defined above, shall be transferred by the
10		Treasurer and Comptroller to the Personal Property Tax
11		Replacement Fund within 10 days of such certification.
12		(2) Each quarterly allocation shall first be
13		apportioned in the following manner: 51.65% for taxing
14		districts in Cook County and 48.35% for taxing districts
15		in the remainder of the State.
16		The Personal Property Replacement Ratio of each taxing
17		district outside Cook County shall be the ratio which the Tax
18		Base of that taxing district bears to the Downstate Tax Base.
19		The Tax Base of each taxing district outside of Cook County is
20		the personal property tax collections for that taxing district
21		for the 1977 tax year. The Downstate Tax Base is the personal
22		property tax collections for all taxing districts in the State
23		outside of Cook County for the 1977 tax year. The Department of
24		Revenue shall have authority to review for accuracy and
25		completeness the personal property tax collections for each
26		taxing district outside Cook County for the 1977 tax year.

HB3817 Enrolled - 148 - LRB103 30519 DTM 56952 b
1		The Personal Property Replacement Ratio of each Cook
2		County taxing district shall be the ratio which the Tax Base of
3		that taxing district bears to the Cook County Tax Base. The Tax
4		Base of each Cook County taxing district is the personal
5		property tax collections for that taxing district for the 1976
6		tax year. The Cook County Tax Base is the personal property tax
7		collections for all taxing districts in Cook County for the
8		1976 tax year. The Department of Revenue shall have authority
9		to review for accuracy and completeness the personal property
10		tax collections for each taxing district within Cook County
11		for the 1976 tax year.
12		For all purposes of this Section 12, amounts paid to a
13		taxing district for such tax years as may be applicable by a
14		foreign corporation under the provisions of Section 7-202 of
15		the Public Utilities Act, as amended, shall be deemed to be
16		personal property taxes collected by such taxing district for
17		such tax years as may be applicable. The Director shall
18		determine from the Illinois Commerce Commission, for any tax
19		year as may be applicable, the amounts so paid by any such
20		foreign corporation to any and all taxing districts. The
21		Illinois Commerce Commission shall furnish such information to
22		the Director. For all purposes of this Section 12, the
23		Director shall deem such amounts to be collected personal
24		property taxes of each such taxing district for the applicable
25		tax year or years.
26		Taxing districts located both in Cook County and in one or

HB3817 Enrolled - 149 - LRB103 30519 DTM 56952 b
1		more other counties shall receive both a Cook County
2		allocation and a Downstate allocation determined in the same
3		way as all other taxing districts.
4		If any taxing district in existence on July 1, 1979 ceases
5		to exist, or discontinues its operations, its Tax Base shall
6		thereafter be deemed to be zero. If the powers, duties and
7		obligations of the discontinued taxing district are assumed by
8		another taxing district, the Tax Base of the discontinued
9		taxing district shall be added to the Tax Base of the taxing
10		district assuming such powers, duties and obligations.
11		If two or more taxing districts in existence on July 1,
12		1979, or a successor or successors thereto shall consolidate
13		into one taxing district, the Tax Base of such consolidated
14		taxing district shall be the sum of the Tax Bases of each of
15		the taxing districts which have consolidated.
16		If a single taxing district in existence on July 1, 1979,
17		or a successor or successors thereto shall be divided into two
18		or more separate taxing districts, the tax base of the taxing
19		district so divided shall be allocated to each of the
20		resulting taxing districts in proportion to the then current
21		equalized assessed value of each resulting taxing district.
22		If a portion of the territory of a taxing district is
23		disconnected and annexed to another taxing district of the
24		same type, the Tax Base of the taxing district from which
25		disconnection was made shall be reduced in proportion to the
26		then current equalized assessed value of the disconnected

HB3817 Enrolled - 150 - LRB103 30519 DTM 56952 b
1		territory as compared with the then current equalized assessed
2		value within the entire territory of the taxing district prior
3		to disconnection, and the amount of such reduction shall be
4		added to the Tax Base of the taxing district to which
5		annexation is made.
6		If a community college district is created after July 1,
7		1979, beginning on January 1, 1996 (the effective date of
8		Public Act 89-327), its Tax Base shall be 3.5% of the sum of
9		the personal property tax collected for the 1977 tax year
10		within the territorial jurisdiction of the district.
11		The amounts allocated and paid to taxing districts
12		pursuant to the provisions of Public Act 81-1st Special
13		Session-1 shall be deemed to be substitute revenues for the
14		revenues derived from taxes imposed on personal property
15		pursuant to the provisions of the "Revenue Act of 1939" or "An
16		Act for the assessment and taxation of private car line
17		companies", approved July 22, 1943, as amended, or Section 414
18		of the Illinois Insurance Code, prior to the abolition of such
19		taxes and shall be used for the same purposes as the revenues
20		derived from ad valorem taxes on real estate.
21		Monies received by any taxing districts from the Personal
22		Property Tax Replacement Fund shall be first applied toward
23		payment of the proportionate amount of debt service which was
24		previously levied and collected from extensions against
25		personal property on bonds outstanding as of December 31, 1978
26		and next applied toward payment of the proportionate share of

HB3817 Enrolled - 151 - LRB103 30519 DTM 56952 b
1		the pension or retirement obligations of the taxing district
2		which were previously levied and collected from extensions
3		against personal property. For each such outstanding bond
4		issue, the County Clerk shall determine the percentage of the
5		debt service which was collected from extensions against real
6		estate in the taxing district for 1978 taxes payable in 1979,
7		as related to the total amount of such levies and collections
8		from extensions against both real and personal property. For
9		1979 and subsequent years' taxes, the County Clerk shall levy
10		and extend taxes against the real estate of each taxing
11		district which will yield the said percentage or percentages
12		of the debt service on such outstanding bonds. The balance of
13		the amount necessary to fully pay such debt service shall
14		constitute a first and prior lien upon the monies received by
15		each such taxing district through the Personal Property Tax
16		Replacement Fund and shall be first applied or set aside for
17		such purpose. In counties having fewer than 3,000,000
18		inhabitants, the amendments to this paragraph as made by
19		Public Act 81-1255 shall be first applicable to 1980 taxes to
20		be collected in 1981.
21		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
22		102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
23		Section 5-60. The Railsplitter Tobacco Settlement
24		Authority Act is amended by changing Section 3-5 as follows:

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1		(30 ILCS 171/3-5)
2		Sec. 3-5. Certain powers of the Authority. The Authority
3		shall have the power to:
4		(1) sue and be sued;
5		(2) have a seal and alter the same at pleasure;
6		(3) make and alter by-laws for its organization and
7		internal management and make rules and regulations
8		governing the use of its property and facilities;
9		(4) appoint by and with the consent of the Attorney
10		General, assistant attorneys for such Authority; those
11		assistant attorneys shall be under the control, direction,
12		and supervision of the Attorney General and shall serve at
13		his or her pleasure;
14		(5) retain special counsel, subject to the approval of
15		the Attorney General, as needed from time to time, and fix
16		their compensation, provided however, such special counsel
17		shall be subject to the control, direction and supervision
18		of the Attorney General and shall serve at his or her
19		pleasure;
20		(6) make and execute contracts and all other
21		instruments necessary or convenient for the exercise of
22		its powers and functions under this Section and to
23		commence any action to protect or enforce any right
24		conferred upon it by any law, contract, or other
25		agreement, provided that any underwriter, financial
26		advisor, bond counsel, or other professional providing

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1		services to the Authority may be selected pursuant to
2		solicitations issued and completed by the Governor's
3		Office of Management and Budget for those services;
4		(7) appoint officers and agents, prescribe their
5		duties and qualifications, fix their compensation and
6		engage the services of private consultants and counsel on
7		a contract basis for rendering professional and technical
8		assistance and advice, provided that this shall not be
9		construed to limit the authority of the Attorney General
10		provided in Section 4 of the Attorney General Act;
11		(8) pay its operating expenses and its financing
12		costs, including its reasonable costs of issuance and sale
13		and those of the Attorney General, if any, in a total
14		amount not greater than 1% of the principal amount of the
15		proceeds of the bond sale;
16		(9) borrow money in its name and issue negotiable
17		bonds and provide for the rights of the holders thereof as
18		otherwise provided in this Act;
19		(10) procure insurance against any loss in connection
20		with its activities, properties, and assets in such amount
21		and from such insurers as it deems desirable;
22		(11) invest any funds or other moneys under its
23		custody and control in investment securities, including in
24		defeasance collateral, as that term is defined in any bond
25		indenture to which the Authority is party, or under any
26		related bond facility;

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1		(12) as security for the payment of the principal of
2		and interest on any bonds issued by it pursuant to this Act
3		and any agreement made in connection therewith and for its
4		obligations under any related bond facility, pledge all or
5		any part of the tobacco settlement revenues;
6		(13) receive payments, transfers of funds, or other
7		moneys from any source in furtherance of a defeasance of
8		bonds, provide notice to an indenture trustee of the
9		defeasance of outstanding bonds, and execute and deliver
10		those instruments necessary to discharge the lien of the
11		trustee and the security interest of the holders of
12		outstanding bonds created under an indenture; and
13		(14) do any and all things necessary or convenient to
14		carry out its purposes and exercise the powers expressly
15		given and granted in this Section.
16		(Source: P.A. 96-958, eff. 7-1-10.)
17		Section 5-62. The Illinois Procurement Code is amended by
18		changing Sections 1-10, 10-10, and 10-20 as follows:
19		(30 ILCS 500/1-10)
20		Sec. 1-10. Application.
21		(a) This Code applies only to procurements for which
22		bidders, offerors, potential contractors, or contractors were
23		first solicited on or after July 1, 1998. This Code shall not
24		be construed to affect or impair any contract, or any

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1		provision of a contract, entered into based on a solicitation
2		prior to the implementation date of this Code as described in
3		Article 99, including, but not limited to, any covenant
4		entered into with respect to any revenue bonds or similar
5		instruments. All procurements for which contracts are
6		solicited between the effective date of Articles 50 and 99 and
7		July 1, 1998 shall be substantially in accordance with this
8		Code and its intent.
9		(b) This Code shall apply regardless of the source of the
10		funds with which the contracts are paid, including federal
11		assistance moneys. This Code shall not apply to:
12		(1) Contracts between the State and its political
13		subdivisions or other governments, or between State
14		governmental bodies, except as specifically provided in
15		this Code.
16		(2) Grants, except for the filing requirements of
17		Section 20-80.
18		(3) Purchase of care, except as provided in Section
19		5-30.6 of the Illinois Public Aid Code and this Section.
20		(4) Hiring of an individual as an employee and not as
21		an independent contractor, whether pursuant to an
22		employment code or policy or by contract directly with
23		that individual.
24		(5) Collective bargaining contracts.
25		(6) Purchase of real estate, except that notice of
26		this type of contract with a value of more than $25,000

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1		must be published in the Procurement Bulletin within 10
2		calendar days after the deed is recorded in the county of
3		jurisdiction. The notice shall identify the real estate
4		purchased, the names of all parties to the contract, the
5		value of the contract, and the effective date of the
6		contract.
7		(7) Contracts necessary to prepare for anticipated
8		litigation, enforcement actions, or investigations,
9		provided that the chief legal counsel to the Governor
10		shall give his or her prior approval when the procuring
11		agency is one subject to the jurisdiction of the Governor,
12		and provided that the chief legal counsel of any other
13		procuring entity subject to this Code shall give his or
14		her prior approval when the procuring entity is not one
15		subject to the jurisdiction of the Governor.
16		(8) (Blank).
17		(9) Procurement expenditures by the Illinois
18		Conservation Foundation when only private funds are used.
19		(10) (Blank).
20		(11) Public-private agreements entered into according
21		to the procurement requirements of Section 20 of the
22		Public-Private Partnerships for Transportation Act and
23		design-build agreements entered into according to the
24		procurement requirements of Section 25 of the
25		Public-Private Partnerships for Transportation Act.
26		(12) (A) Contracts for legal, financial, and other

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1		professional and artistic services entered into by the
2		Illinois Finance Authority in which the State of Illinois
3		is not obligated. Such contracts shall be awarded through
4		a competitive process authorized by the members of the
5		Illinois Finance Authority and are subject to Sections
6		5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
7		as well as the final approval by the members of the
8		Illinois Finance Authority of the terms of the contract.
9		(B) Contracts for legal and financial services entered
10		into by the Illinois Housing Development Authority in
11		connection with the issuance of bonds in which the State
12		of Illinois is not obligated. Such contracts shall be
13		awarded through a competitive process authorized by the
14		members of the Illinois Housing Development Authority and
15		are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
16		and 50-37 of this Code, as well as the final approval by
17		the members of the Illinois Housing Development Authority
18		of the terms of the contract.
19		(13) Contracts for services, commodities, and
20		equipment to support the delivery of timely forensic
21		science services in consultation with and subject to the
22		approval of the Chief Procurement Officer as provided in
23		subsection (d) of Section 5-4-3a of the Unified Code of
24		Corrections, except for the requirements of Sections
25		20-60, 20-65, 20-70, and 20-160 and Article 50 of this
26		Code; however, the Chief Procurement Officer may, in

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1		writing with justification, waive any certification
2		required under Article 50 of this Code. For any contracts
3		for services which are currently provided by members of a
4		collective bargaining agreement, the applicable terms of
5		the collective bargaining agreement concerning
6		subcontracting shall be followed.
7		On and after January 1, 2019, this paragraph (13),
8		except for this sentence, is inoperative.
9		(14) Contracts for participation expenditures required
10		by a domestic or international trade show or exhibition of
11		an exhibitor, member, or sponsor.
12		(15) Contracts with a railroad or utility that
13		requires the State to reimburse the railroad or utilities
14		for the relocation of utilities for construction or other
15		public purpose. Contracts included within this paragraph
16		(15) shall include, but not be limited to, those
17		associated with: relocations, crossings, installations,
18		and maintenance. For the purposes of this paragraph (15),
19		"railroad" means any form of non-highway ground
20		transportation that runs on rails or electromagnetic
21		guideways and "utility" means: (1) public utilities as
22		defined in Section 3-105 of the Public Utilities Act, (2)
23		telecommunications carriers as defined in Section 13-202
24		of the Public Utilities Act, (3) electric cooperatives as
25		defined in Section 3.4 of the Electric Supplier Act, (4)
26		telephone or telecommunications cooperatives as defined in

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1		Section 13-212 of the Public Utilities Act, (5) rural
2		water or waste water systems with 10,000 connections or
3		less, (6) a holder as defined in Section 21-201 of the
4		Public Utilities Act, and (7) municipalities owning or
5		operating utility systems consisting of public utilities
6		as that term is defined in Section 11-117-2 of the
7		Illinois Municipal Code.
8		(16) Procurement expenditures necessary for the
9		Department of Public Health to provide the delivery of
10		timely newborn screening services in accordance with the
11		Newborn Metabolic Screening Act.
12		(17) Procurement expenditures necessary for the
13		Department of Agriculture, the Department of Financial and
14		Professional Regulation, the Department of Human Services,
15		and the Department of Public Health to implement the
16		Compassionate Use of Medical Cannabis Program and Opioid
17		Alternative Pilot Program requirements and ensure access
18		to medical cannabis for patients with debilitating medical
19		conditions in accordance with the Compassionate Use of
20		Medical Cannabis Program Act.
21		(18) This Code does not apply to any procurements
22		necessary for the Department of Agriculture, the
23		Department of Financial and Professional Regulation, the
24		Department of Human Services, the Department of Commerce
25		and Economic Opportunity, and the Department of Public
26		Health to implement the Cannabis Regulation and Tax Act if

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1		the applicable agency has made a good faith determination
2		that it is necessary and appropriate for the expenditure
3		to fall within this exemption and if the process is
4		conducted in a manner substantially in accordance with the
5		requirements of Sections 20-160, 25-60, 30-22, 50-5,
6		50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
7		50-36, 50-37, 50-38, and 50-50 of this Code; however, for
8		Section 50-35, compliance applies only to contracts or
9		subcontracts over $100,000. Notice of each contract
10		entered into under this paragraph (18) that is related to
11		the procurement of goods and services identified in
12		paragraph (1) through (9) of this subsection shall be
13		published in the Procurement Bulletin within 14 calendar
14		days after contract execution. The Chief Procurement
15		Officer shall prescribe the form and content of the
16		notice. Each agency shall provide the Chief Procurement
17		Officer, on a monthly basis, in the form and content
18		prescribed by the Chief Procurement Officer, a report of
19		contracts that are related to the procurement of goods and
20		services identified in this subsection. At a minimum, this
21		report shall include the name of the contractor, a
22		description of the supply or service provided, the total
23		amount of the contract, the term of the contract, and the
24		exception to this Code utilized. A copy of any or all of
25		these contracts shall be made available to the Chief
26		Procurement Officer immediately upon request. The Chief

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1		Procurement Officer shall submit a report to the Governor
2		and General Assembly no later than November 1 of each year
3		that includes, at a minimum, an annual summary of the
4		monthly information reported to the Chief Procurement
5		Officer. This exemption becomes inoperative 5 years after
6		June 25, 2019 (the effective date of Public Act 101-27).
7		(19) Acquisition of modifications or adjustments,
8		limited to assistive technology devices and assistive
9		technology services, adaptive equipment, repairs, and
10		replacement parts to provide reasonable accommodations (i)
11		that enable a qualified applicant with a disability to
12		complete the job application process and be considered for
13		the position such qualified applicant desires, (ii) that
14		modify or adjust the work environment to enable a
15		qualified current employee with a disability to perform
16		the essential functions of the position held by that
17		employee, (iii) to enable a qualified current employee
18		with a disability to enjoy equal benefits and privileges
19		of employment as are enjoyed by other similarly situated
20		employees without disabilities, and (iv) that allow a
21		customer, client, claimant, or member of the public
22		seeking State services full use and enjoyment of and
23		access to its programs, services, or benefits.
24		For purposes of this paragraph (19):
25		"Assistive technology devices" means any item, piece
26		of equipment, or product system, whether acquired

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1		commercially off the shelf, modified, or customized, that
2		is used to increase, maintain, or improve functional
3		capabilities of individuals with disabilities.
4		"Assistive technology services" means any service that
5		directly assists an individual with a disability in
6		selection, acquisition, or use of an assistive technology
7		device.
8		"Qualified" has the same meaning and use as provided
9		under the federal Americans with Disabilities Act when
10		describing an individual with a disability.
11		(20) Procurement expenditures necessary for the
12		Illinois Commerce Commission to hire third-party
13		facilitators pursuant to Sections 16-105.17 and 16-108.18
14		of the Public Utilities Act or an ombudsman pursuant to
15		Section 16-107.5 of the Public Utilities Act, a
16		facilitator pursuant to Section 16-105.17 of the Public
17		Utilities Act, or a grid auditor pursuant to Section
18		16-105.10 of the Public Utilities Act.
19		(21) Procurement expenditures for the purchase,
20		renewal, and expansion of software, software licenses, or
21		software maintenance agreements that support the efforts
22		of the Illinois State Police to enforce, regulate, and
23		administer the Firearm Owners Identification Card Act, the
24		Firearm Concealed Carry Act, the Firearms Restraining
25		Order Act, the Firearm Dealer License Certification Act,
26		the Law Enforcement Agencies Data System (LEADS), the

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1		Uniform Crime Reporting Act, the Criminal Identification
2		Act, the Uniform Conviction Information Act, and the Gun
3		Trafficking Information Act, or establish or maintain
4		record management systems necessary to conduct human
5		trafficking investigations or gun trafficking or other
6		stolen firearm investigations. This paragraph (21) applies
7		to contracts entered into on or after the effective date
8		of this amendatory Act of the 102nd General Assembly and
9		the renewal of contracts that are in effect on the
10		effective date of this amendatory Act of the 102nd General
11		Assembly.
12		(22) Contracts for project management services and
13		system integration services required for the completion of
14		the State's enterprise resource planning project. This
15		exemption becomes inoperative 5 years after the effective
16		date of the changes made to this Section by this
17		amendatory Act of the 103rd General Assembly. This
18		paragraph (22) applies to contracts entered into on or
19		after the effective date of the changes made to this
20		Section by this amendatory Act of the 103rd General
21		Assembly and the renewal of contracts that are in effect
22		on the effective date of the changes made to this Section
23		by this amendatory Act of the 103rd General Assembly.
24		Notwithstanding any other provision of law, for contracts
25		with an annual value of more than $100,000 entered into on or
26		after October 1, 2017 under an exemption provided in any

HB3817 Enrolled - 164 - LRB103 30519 DTM 56952 b
1		paragraph of this subsection (b), except paragraph (1), (2),
2		or (5), each State agency shall post to the appropriate
3		procurement bulletin the name of the contractor, a description
4		of the supply or service provided, the total amount of the
5		contract, the term of the contract, and the exception to the
6		Code utilized. The chief procurement officer shall submit a
7		report to the Governor and General Assembly no later than
8		November 1 of each year that shall include, at a minimum, an
9		annual summary of the monthly information reported to the
10		chief procurement officer.
11		(c) This Code does not apply to the electric power
12		procurement process provided for under Section 1-75 of the
13		Illinois Power Agency Act and Section 16-111.5 of the Public
14		Utilities Act.
15		(d) Except for Section 20-160 and Article 50 of this Code,
16		and as expressly required by Section 9.1 of the Illinois
17		Lottery Law, the provisions of this Code do not apply to the
18		procurement process provided for under Section 9.1 of the
19		Illinois Lottery Law.
20		(e) This Code does not apply to the process used by the
21		Capital Development Board to retain a person or entity to
22		assist the Capital Development Board with its duties related
23		to the determination of costs of a clean coal SNG brownfield
24		facility, as defined by Section 1-10 of the Illinois Power
25		Agency Act, as required in subsection (h-3) of Section 9-220
26		of the Public Utilities Act, including calculating the range

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1		of capital costs, the range of operating and maintenance
2		costs, or the sequestration costs or monitoring the
3		construction of clean coal SNG brownfield facility for the
4		full duration of construction.
5		(f) (Blank).
6		(g) (Blank).
7		(h) This Code does not apply to the process to procure or
8		contracts entered into in accordance with Sections 11-5.2 and
9		11-5.3 of the Illinois Public Aid Code.
10		(i) Each chief procurement officer may access records
11		necessary to review whether a contract, purchase, or other
12		expenditure is or is not subject to the provisions of this
13		Code, unless such records would be subject to attorney-client
14		privilege.
15		(j) This Code does not apply to the process used by the
16		Capital Development Board to retain an artist or work or works
17		of art as required in Section 14 of the Capital Development
18		Board Act.
19		(k) This Code does not apply to the process to procure
20		contracts, or contracts entered into, by the State Board of
21		Elections or the State Electoral Board for hearing officers
22		appointed pursuant to the Election Code.
23		(l) This Code does not apply to the processes used by the
24		Illinois Student Assistance Commission to procure supplies and
25		services paid for from the private funds of the Illinois
26		Prepaid Tuition Fund. As used in this subsection (l), "private

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1		funds" means funds derived from deposits paid into the
2		Illinois Prepaid Tuition Trust Fund and the earnings thereon.
3		(m) This Code shall apply regardless of the source of
4		funds with which contracts are paid, including federal
5		assistance moneys. Except as specifically provided in this
6		Code, this Code shall not apply to procurement expenditures
7		necessary for the Department of Public Health to conduct the
8		Healthy Illinois Survey in accordance with Section 2310-431 of
9		the Department of Public Health Powers and Duties Law of the
10		Civil Administrative Code of Illinois.
11		(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
12		101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
13		1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
14		eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
15		102-1116, eff. 1-10-23.)
16		(30 ILCS 500/10-10)
17		Sec. 10-10. Independent State purchasing officers.
18		(a) The chief procurement officer shall appoint and
19		determine the salary of a State purchasing officer for each
20		agency that the chief procurement officer is responsible for
21		under Section 1-15.15. A State purchasing officer shall be
22		located in the State agency that the officer serves but shall
23		report to his or her respective chief procurement officer. The
24		State purchasing officer shall have direct communication with
25		agency staff assigned to assist with any procurement process.

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1		At the direction of his or her respective chief procurement
2		officer, a State purchasing officer shall have the authority
3		to (i) review any contract or contract amendment prior to
4		execution to ensure that applicable procurement and
5		contracting standards were followed and (ii) approve or reject
6		contracts for a purchasing agency. If the State purchasing
7		officer provides written approval of the contract, the head of
8		the applicable State agency shall have the authority to sign
9		and enter into that contract. All actions of a State
10		purchasing officer are subject to review by a chief
11		procurement officer in accordance with procedures and policies
12		established by the chief procurement officer.
13		(a-5) A State purchasing officer may (i) attend any
14		procurement meetings; (ii) access any records or files related
15		to procurement; (iii) submit reports to the chief procurement
16		officer on procurement issues; (iv) ensure the State agency is
17		maintaining appropriate records; and (v) ensure transparency
18		of the procurement process.
19		(a-10) If a State purchasing officer is aware of
20		misconduct, waste, or inefficiency with respect to State
21		procurement, the State purchasing officer shall advise the
22		State agency of the issue in writing. If the State agency does
23		not correct the issue, the State purchasing officer shall
24		report the problem, in writing, to the chief procurement
25		officer and appropriate Inspector General.
26		(b) In addition to any other requirement or qualification

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1		required by State law, within 30 months after appointment, a
2		State purchasing officer must be a Certified Professional
3		Public Buyer or a Certified Public Purchasing Officer,
4		pursuant to certification by the Universal Public Purchasing
5		Certification Council or the Institute for Supply Management.
6		A State purchasing officer shall serve a term of 5 years
7		beginning on the date of the officer's appointment. A State
8		purchasing officer shall have an office located in the State
9		agency that the officer serves but shall report to the chief
10		procurement officer. A State purchasing officer may be removed
11		by a chief procurement officer for cause after a hearing by the
12		Executive Ethics Commission. The chief procurement officer or
13		executive officer of the State agency housing the State
14		purchasing officer may institute a complaint against the State
15		purchasing officer by filing such a complaint with the
16		Commission and the Commission shall have a public hearing
17		based on the complaint. The State purchasing officer, chief
18		procurement officer, and executive officer of the State agency
19		shall receive notice of the hearing and shall be permitted to
20		present their respective arguments on the complaint. After the
21		hearing, the Commission shall make a non-binding
22		recommendation on whether the State purchasing officer shall
23		be removed. The salary of a State purchasing officer shall be
24		established by the chief procurement officer and may not be
25		diminished during the officer's term. In the absence of an
26		appointed State purchasing officer, the applicable chief

HB3817 Enrolled - 169 - LRB103 30519 DTM 56952 b
1		procurement officer shall exercise the procurement authority
2		created by this Code and may appoint a temporary acting State
3		purchasing officer.
4		(c) Each State purchasing officer owes a fiduciary duty to
5		the State.
6		(Source: P.A. 100-43, eff. 8-9-17.)
7		(30 ILCS 500/10-20)
8		Sec. 10-20. Independent chief procurement officers.
9		(a) Appointment. Within 60 calendar days after the
10		effective date of this amendatory Act of the 96th General
11		Assembly, the Executive Ethics Commission, with the advice and
12		consent of the Senate shall appoint or approve 4 chief
13		procurement officers, one for each of the following
14		categories:
15		(1) for procurements for construction and
16		construction-related services committed by law to the
17		jurisdiction or responsibility of the Capital Development
18		Board;
19		(2) for procurements for all construction,
20		construction-related services, operation of any facility,
21		and the provision of any service or activity committed by
22		law to the jurisdiction or responsibility of the Illinois
23		Department of Transportation, including the direct or
24		reimbursable expenditure of all federal funds for which
25		the Department of Transportation is responsible or

HB3817 Enrolled - 170 - LRB103 30519 DTM 56952 b
1		accountable for the use thereof in accordance with federal
2		law, regulation, or procedure, the chief procurement
3		officer recommended for approval under this item appointed
4		by the Secretary of Transportation after consent by the
5		Executive Ethics Commission;
6		(3) for all procurements made by a public institution
7		of higher education; and
8		(4) for all other procurement needs of State agencies.
9		For fiscal year 2024, the Executive Ethics Commission
10		shall set aside from its appropriation those amounts necessary
11		for the use of the 4 chief procurement officers for the
12		ordinary and contingent expenses of their respective
13		procurement offices. From the amounts set aside by the
14		Commission, each chief procurement officer shall control the
15		internal operations of his or her procurement office and shall
16		procure the necessary equipment, materials, and services to
17		perform the duties of that office, including hiring necessary
18		procurement personnel, legal advisors and other employees, and
19		may establish, in the exercise of the chief procurement
20		officer's discretion, the compensation of the office's
21		employees, which includes the State purchasing officers and
22		any legal advisors. The Executive Ethics Commission shall have
23		no control over the employees of the chief procurement
24		officers. The Executive Ethics Commission shall provide
25		administrative support services, including payroll, for each
26		procurement office. A chief procurement officer shall be

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1		responsible to the Executive Ethics Commission but must be
2		located within the agency that the officer provides with
3		procurement services. The chief procurement officer for higher
4		education shall have an office located within the Board of
5		Higher Education, unless otherwise designated by the Executive
6		Ethics Commission. The chief procurement officer for all other
7		procurement needs of the State shall have an office located
8		within the Department of Central Management Services, unless
9		otherwise designated by the Executive Ethics Commission.
10		(b) Terms and independence. Each chief procurement officer
11		appointed under this Section shall serve for a term of 5 years
12		beginning on the date of the officer's appointment. The chief
13		procurement officer may be removed for cause after a hearing
14		by the Executive Ethics Commission. The Governor or the
15		director of a State agency directly responsible to the
16		Governor may institute a complaint against the officer by
17		filing such complaint with the Commission. The Commission
18		shall have a hearing based on the complaint. The officer and
19		the complainant shall receive reasonable notice of the hearing
20		and shall be permitted to present their respective arguments
21		on the complaint. After the hearing, the Commission shall make
22		a finding on the complaint and may take disciplinary action,
23		including but not limited to removal of the officer.
24		The salary of a chief procurement officer shall be
25		established by the Executive Ethics Commission and may not be
26		diminished during the officer's term. The salary may not

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1		exceed the salary of the director of a State agency for which
2		the officer serves as chief procurement officer.
3		(c) Qualifications. In addition to any other requirement
4		or qualification required by State law, each chief procurement
5		officer must within 12 months of employment be a Certified
6		Professional Public Buyer or a Certified Public Purchasing
7		Officer, pursuant to certification by the Universal Public
8		Purchasing Certification Council, and must reside in Illinois.
9		(d) Fiduciary duty. Each chief procurement officer owes a
10		fiduciary duty to the State.
11		(e) Vacancy. In case of a vacancy in one or more of the
12		offices of a chief procurement officer under this Section
13		during the recess of the Senate, the Executive Ethics
14		Commission shall make a temporary appointment until the next
15		meeting of the Senate, when the Executive Ethics Commission
16		shall nominate some person to fill the office, and any person
17		so nominated who is confirmed by the Senate shall hold office
18		during the remainder of the term and until his or her successor
19		is appointed and qualified. If the Senate is not in session at
20		the time this amendatory Act of the 96th General Assembly
21		takes effect, the Executive Ethics Commission shall make a
22		temporary appointment as in the case of a vacancy.
23		(f) (Blank).
24		(g) (Blank).
25		(Source: P.A. 98-1076, eff. 1-1-15.)

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1		Section 5-65. The Illinois Works Jobs Program Act is
2		amended by changing Section 20-15 as follows:
3		(30 ILCS 559/20-15)
4		Sec. 20-15. Illinois Works Preapprenticeship Program;
5		Illinois Works Bid Credit Program.
6		(a) The Illinois Works Preapprenticeship Program is
7		established and shall be administered by the Department. The
8		goal of the Illinois Works Preapprenticeship Program is to
9		create a network of community-based organizations throughout
10		the State that will recruit, prescreen, and provide
11		preapprenticeship skills training, for which participants may
12		attend free of charge and receive a stipend, to create a
13		qualified, diverse pipeline of workers who are prepared for
14		careers in the construction and building trades. Upon
15		completion of the Illinois Works Preapprenticeship Program,
16		the candidates will be skilled and work-ready.
17		(b) There is created the Illinois Works Fund, a special
18		fund in the State treasury. The Illinois Works Fund shall be
19		administered by the Department. The Illinois Works Fund shall
20		be used to provide funding for community-based organizations
21		throughout the State. In addition to any other transfers that
22		may be provided for by law, on and after July 1, 2019 at the
23		direction of the Director of the Governor's Office of
24		Management and Budget, the State Comptroller shall direct and
25		the State Treasurer shall transfer amounts not exceeding a

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1		total of $50,000,000 $25,000,000 from the Rebuild Illinois
2		Projects Fund to the Illinois Works Fund.
3		(c) Each community-based organization that receives
4		funding from the Illinois Works Fund shall provide an annual
5		report to the Illinois Works Review Panel by April 1 of each
6		calendar year. The annual report shall include the following
7		information:
8		(1) a description of the community-based
9		organization's recruitment, screening, and training
10		efforts;
11		(2) the number of individuals who apply to,
12		participate in, and complete the community-based
13		organization's program, broken down by race, gender, age,
14		and veteran status; and
15		(3) the number of the individuals referenced in item (2)
16		of this subsection who are initially accepted and placed
17		into apprenticeship programs in the construction and
18		building trades.
19		(d) The Department shall create and administer the
20		Illinois Works Bid Credit Program that shall provide economic
21		incentives, through bid credits, to encourage contractors and
22		subcontractors to provide contracting and employment
23		opportunities to historically underrepresented populations in
24		the construction industry.
25		The Illinois Works Bid Credit Program shall allow
26		contractors and subcontractors to earn bid credits for use

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1		toward future bids for public works projects contracted by the
2		State or an agency of the State in order to increase the
3		chances that the contractor and the subcontractors will be
4		selected.
5		Contractors or subcontractors may be eligible for bid
6		credits for employing apprentices who have completed the
7		Illinois Works Preapprenticeship Program on public works
8		projects contracted by the State or any agency of the State.
9		Contractors or subcontractors shall earn bid credits at a rate
10		established by the Department and based on labor hours worked
11		on State-contracted public works projects by apprentices who
12		have completed the Illinois Works Preapprenticeship Program.
13		The Department shall establish the rate by rule and shall
14		publish it on the Department's website. The rule may include
15		maximum bid credits allowed per contractor, per subcontractor,
16		per apprentice, per bid, or per year.
17		The Illinois Works Credit Bank is hereby created and shall
18		be administered by the Department. The Illinois Works Credit
19		Bank shall track the bid credits.
20		A contractor or subcontractor who has been awarded bid
21		credits under any other State program for employing
22		apprentices who have completed the Illinois Works
23		Preapprenticeship Program is not eligible to receive bid
24		credits under the Illinois Works Bid Credit Program relating
25		to the same contract.
26		The Department shall report to the Illinois Works Review

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1		Panel the following: (i) the number of bid credits awarded by
2		the Department; (ii) the number of bid credits submitted by
3		the contractor or subcontractor to the agency administering
4		the public works contract; and (iii) the number of bid credits
5		accepted by the agency for such contract. Any agency that
6		awards bid credits pursuant to the Illinois Works Credit Bank
7		Program shall report to the Department the number of bid
8		credits it accepted for the public works contract.
9		Upon a finding that a contractor or subcontractor has
10		reported falsified records to the Department in order to
11		fraudulently obtain bid credits, the Department may bar the
12		contractor or subcontractor from participating in the Illinois
13		Works Bid Credit Program and may suspend the contractor or
14		subcontractor from bidding on or participating in any public
15		works project. False or fraudulent claims for payment relating
16		to false bid credits may be subject to damages and penalties
17		under applicable law.
18		(e) The Department shall adopt any rules deemed necessary
19		to implement this Section. In order to provide for the
20		expeditious and timely implementation of this Act, the
21		Department may adopt emergency rules. The adoption of
22		emergency rules authorized by this subsection is deemed to be
23		necessary for the public interest, safety, and welfare.
24		(Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.)
25		Section 5-70. The Private Colleges and Universities

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1		Capital Distribution Formula Act is amended by changing
2		Section 25-15 as follows:
3		(30 ILCS 769/25-15)
4		Sec. 25-15. Transfer of funds to another independent
5		college.
6		(a) If an institution received a grant under this Article
7		and subsequently fails to meet the definition of "independent
8		college", the remaining funds shall be re-distributed as
9		provided in Section 25-10 to those institutions that have an
10		active grant under this Article, unless the campus or
11		facilities for which the grant was given are subsequently
12		operated by another institution that qualifies as an
13		independent college under this Article.
14		(b) If the facilities of a former independent college are
15		operated by another entity that qualifies as an independent
16		college as provided in subsection (a) of this Section, then
17		the entire balance of the grant provided under this Article
18		remaining on the date the former independent college ceased
19		operations, including any amount that had been withheld after
20		the former independent college ceased operations, shall be
21		transferred to the successor independent college for the
22		purpose of the grant operating those facilities for the
23		duration of the grant.
24		(c) In the event that, on or before July 16, 2014 (the
25		effective date of Public Act 98-715) this amendatory Act of

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1		the 98th General Assembly, the remaining funds have been
2		re-allocated or re-distributed to other independent colleges,
3		or the Illinois Board of Higher Education has planned for the
4		remaining funds to be re-allocated or re-distributed to other
5		independent colleges, before the 5-year period provided under
6		this Act for the utilization of funds has ended, any funds so
7		re-allocated or re-distributed shall be deducted from future
8		allocations to those other independent colleges and
9		re-allocated or re-distributed to the initial institution or
10		the successor entity operating the facilities of the original
11		institution if: (i) the institution that failed to meet the
12		definition of "independent college" once again meets the
13		definition of "independent college" before the 5-year period
14		has expired; or (ii) the facility or facilities of the former
15		independent college are operated by another entity that
16		qualifies as an independent college before the 5-year period
17		has expired.
18		(d) Notwithstanding subsection (a) of this Section, on or
19		after the effective date of the changes made to this Section by
20		this amendatory Act of the 103rd General Assembly, remaining
21		funds returned to the State by an institution that failed to
22		meet the definition of "independent college" and that received
23		a grant from appropriations enacted prior to June 28, 2019,
24		shall not be re-distributed. Any such funds shall instead be
25		added to the funds made available in the first grant cycle
26		under subsection (d) of Section 25-10 by the Board of Higher

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1		Education following the effective date of the changes made to
2		this Section by this amendatory Act of the 103rd General
3		Assembly and shall be distributed pursuant to the formula as
4		provided in subsection (d) of Section 25-10.
5		(Source: P.A. 101-10, eff. 6-5-19.)
6		Section 5-75. The Illinois Income Tax Act is amended by
7		changing Section 901 as follows:
8		(35 ILCS 5/901)
9		Sec. 901. Collection authority.
10		(a) In general. The Department shall collect the taxes
11		imposed by this Act. The Department shall collect certified
12		past due child support amounts under Section 2505-650 of the
13		Department of Revenue Law of the Civil Administrative Code of
14		Illinois. Except as provided in subsections (b), (c), (e),
15		(f), (g), and (h) of this Section, money collected pursuant to
16		subsections (a) and (b) of Section 201 of this Act shall be
17		paid into the General Revenue Fund in the State treasury;
18		money collected pursuant to subsections (c) and (d) of Section
19		201 of this Act shall be paid into the Personal Property Tax
20		Replacement Fund, a special fund in the State Treasury; and
21		money collected under Section 2505-650 of the Department of
22		Revenue Law of the Civil Administrative Code of Illinois shall
23		be paid into the Child Support Enforcement Trust Fund, a
24		special fund outside the State Treasury, or to the State

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1		Disbursement Unit established under Section 10-26 of the
2		Illinois Public Aid Code, as directed by the Department of
3		Healthcare and Family Services.
4		(b) Local Government Distributive Fund. Beginning August
5		1, 2017 and continuing through July 31, 2022, the Treasurer
6		shall transfer each month from the General Revenue Fund to the
7		Local Government Distributive Fund an amount equal to the sum
8		of: (i) 6.06% (10% of the ratio of the 3% individual income tax
9		rate prior to 2011 to the 4.95% individual income tax rate
10		after July 1, 2017) of the net revenue realized from the tax
11		imposed by subsections (a) and (b) of Section 201 of this Act
12		upon individuals, trusts, and estates during the preceding
13		month; (ii) 6.85% (10% of the ratio of the 4.8% corporate
14		income tax rate prior to 2011 to the 7% corporate income tax
15		rate after July 1, 2017) of the net revenue realized from the
16		tax imposed by subsections (a) and (b) of Section 201 of this
17		Act upon corporations during the preceding month; and (iii)
18		beginning February 1, 2022, 6.06% of the net revenue realized
19		from the tax imposed by subsection (p) of Section 201 of this
20		Act upon electing pass-through entities. Beginning August 1,
21		2022 and continuing through July 31, 2023, the Treasurer shall
22		transfer each month from the General Revenue Fund to the Local
23		Government Distributive Fund an amount equal to the sum of:
24		(i) 6.16% of the net revenue realized from the tax imposed by
25		subsections (a) and (b) of Section 201 of this Act upon
26		individuals, trusts, and estates during the preceding month;

HB3817 Enrolled - 181 - LRB103 30519 DTM 56952 b
1		(ii) 6.85% of the net revenue realized from the tax imposed by
2		subsections (a) and (b) of Section 201 of this Act upon
3		corporations during the preceding month; and (iii) 6.16% of
4		the net revenue realized from the tax imposed by subsection
5		(p) of Section 201 of this Act upon electing pass-through
6		entities. Beginning August 1, 2023, the Treasurer shall
7		transfer each month from the General Revenue Fund to the Local
8		Government Distributive Fund an amount equal to the sum of:
9		(i) 6.47% of the net revenue realized from the tax imposed by
10		subsections (a) and (b) of Section 201 of this Act upon
11		individuals, trusts, and estates during the preceding month;
12		(ii) 6.85% of the net revenue realized from the tax imposed by
13		subsections (a) and (b) of Section 201 of this Act upon
14		corporations during the preceding month; and (iii) 6.47% of
15		the net revenue realized from the tax imposed by subsection
16		(p) of Section 201 of this Act upon electing pass-through
17		entities. Net revenue realized for a month shall be defined as
18		the revenue from the tax imposed by subsections (a) and (b) of
19		Section 201 of this Act which is deposited into in the General
20		Revenue Fund, the Education Assistance Fund, the Income Tax
21		Surcharge Local Government Distributive Fund, the Fund for the
22		Advancement of Education, and the Commitment to Human Services
23		Fund during the month minus the amount paid out of the General
24		Revenue Fund in State warrants during that same month as
25		refunds to taxpayers for overpayment of liability under the
26		tax imposed by subsections (a) and (b) of Section 201 of this

HB3817 Enrolled - 182 - LRB103 30519 DTM 56952 b
1		Act.
2		Notwithstanding any provision of law to the contrary,
3		beginning on July 6, 2017 (the effective date of Public Act
4		100-23), those amounts required under this subsection (b) to
5		be transferred by the Treasurer into the Local Government
6		Distributive Fund from the General Revenue Fund shall be
7		directly deposited into the Local Government Distributive Fund
8		as the revenue is realized from the tax imposed by subsections
9		(a) and (b) of Section 201 of this Act.
10		(c) Deposits Into Income Tax Refund Fund.
11		(1) Beginning on January 1, 1989 and thereafter, the
12		Department shall deposit a percentage of the amounts
13		collected pursuant to subsections (a) and (b)(1), (2), and
14		(3) of Section 201 of this Act into a fund in the State
15		treasury known as the Income Tax Refund Fund. Beginning
16		with State fiscal year 1990 and for each fiscal year
17		thereafter, the percentage deposited into the Income Tax
18		Refund Fund during a fiscal year shall be the Annual
19		Percentage. For fiscal year 2011, the Annual Percentage
20		shall be 8.75%. For fiscal year 2012, the Annual
21		Percentage shall be 8.75%. For fiscal year 2013, the
22		Annual Percentage shall be 9.75%. For fiscal year 2014,
23		the Annual Percentage shall be 9.5%. For fiscal year 2015,
24		the Annual Percentage shall be 10%. For fiscal year 2018,
25		the Annual Percentage shall be 9.8%. For fiscal year 2019,
26		the Annual Percentage shall be 9.7%. For fiscal year 2020,

HB3817 Enrolled - 183 - LRB103 30519 DTM 56952 b
1		the Annual Percentage shall be 9.5%. For fiscal year 2021,
2		the Annual Percentage shall be 9%. For fiscal year 2022,
3		the Annual Percentage shall be 9.25%. For fiscal year
4		2023, the Annual Percentage shall be 9.25%. For fiscal
5		year 2024, the Annual Percentage shall be 9.15%. For all
6		other fiscal years, the Annual Percentage shall be
7		calculated as a fraction, the numerator of which shall be
8		the amount of refunds approved for payment by the
9		Department during the preceding fiscal year as a result of
10		overpayment of tax liability under subsections (a) and
11		(b)(1), (2), and (3) of Section 201 of this Act plus the
12		amount of such refunds remaining approved but unpaid at
13		the end of the preceding fiscal year, minus the amounts
14		transferred into the Income Tax Refund Fund from the
15		Tobacco Settlement Recovery Fund, and the denominator of
16		which shall be the amounts which will be collected
17		pursuant to subsections (a) and (b)(1), (2), and (3) of
18		Section 201 of this Act during the preceding fiscal year;
19		except that in State fiscal year 2002, the Annual
20		Percentage shall in no event exceed 7.6%. The Director of
21		Revenue shall certify the Annual Percentage to the
22		Comptroller on the last business day of the fiscal year
23		immediately preceding the fiscal year for which it is to
24		be effective.
25		(2) Beginning on January 1, 1989 and thereafter, the
26		Department shall deposit a percentage of the amounts

HB3817 Enrolled - 184 - LRB103 30519 DTM 56952 b
1		collected pursuant to subsections (a) and (b)(6), (7), and
2		(8), (c) and (d) of Section 201 of this Act into a fund in
3		the State treasury known as the Income Tax Refund Fund.
4		Beginning with State fiscal year 1990 and for each fiscal
5		year thereafter, the percentage deposited into the Income
6		Tax Refund Fund during a fiscal year shall be the Annual
7		Percentage. For fiscal year 2011, the Annual Percentage
8		shall be 17.5%. For fiscal year 2012, the Annual
9		Percentage shall be 17.5%. For fiscal year 2013, the
10		Annual Percentage shall be 14%. For fiscal year 2014, the
11		Annual Percentage shall be 13.4%. For fiscal year 2015,
12		the Annual Percentage shall be 14%. For fiscal year 2018,
13		the Annual Percentage shall be 17.5%. For fiscal year
14		2019, the Annual Percentage shall be 15.5%. For fiscal
15		year 2020, the Annual Percentage shall be 14.25%. For
16		fiscal year 2021, the Annual Percentage shall be 14%. For
17		fiscal year 2022, the Annual Percentage shall be 15%. For
18		fiscal year 2023, the Annual Percentage shall be 14.5%.
19		For fiscal year 2024, the Annual Percentage shall be 14%.
20		For all other fiscal years, the Annual Percentage shall be
21		calculated as a fraction, the numerator of which shall be
22		the amount of refunds approved for payment by the
23		Department during the preceding fiscal year as a result of
24		overpayment of tax liability under subsections (a) and
25		(b)(6), (7), and (8), (c) and (d) of Section 201 of this
26		Act plus the amount of such refunds remaining approved but

HB3817 Enrolled - 185 - LRB103 30519 DTM 56952 b
1		unpaid at the end of the preceding fiscal year, and the
2		denominator of which shall be the amounts which will be
3		collected pursuant to subsections (a) and (b)(6), (7), and
4		(8), (c) and (d) of Section 201 of this Act during the
5		preceding fiscal year; except that in State fiscal year
6		2002, the Annual Percentage shall in no event exceed 23%.
7		The Director of Revenue shall certify the Annual
8		Percentage to the Comptroller on the last business day of
9		the fiscal year immediately preceding the fiscal year for
10		which it is to be effective.
11		(3) The Comptroller shall order transferred and the
12		Treasurer shall transfer from the Tobacco Settlement
13		Recovery Fund to the Income Tax Refund Fund (i)
14		$35,000,000 in January, 2001, (ii) $35,000,000 in January,
15		2002, and (iii) $35,000,000 in January, 2003.
16		(d) Expenditures from Income Tax Refund Fund.
17		(1) Beginning January 1, 1989, money in the Income Tax
18		Refund Fund shall be expended exclusively for the purpose
19		of paying refunds resulting from overpayment of tax
20		liability under Section 201 of this Act and for making
21		transfers pursuant to this subsection (d), except that in
22		State fiscal years 2022 and 2023, moneys in the Income Tax
23		Refund Fund shall also be used to pay one-time rebate
24		payments as provided under Sections 208.5 and 212.1.
25		(2) The Director shall order payment of refunds
26		resulting from overpayment of tax liability under Section

HB3817 Enrolled - 186 - LRB103 30519 DTM 56952 b
1		201 of this Act from the Income Tax Refund Fund only to the
2		extent that amounts collected pursuant to Section 201 of
3		this Act and transfers pursuant to this subsection (d) and
4		item (3) of subsection (c) have been deposited and
5		retained in the Fund.
6		(3) As soon as possible after the end of each fiscal
7		year, the Director shall order transferred and the State
8		Treasurer and State Comptroller shall transfer from the
9		Income Tax Refund Fund to the Personal Property Tax
10		Replacement Fund an amount, certified by the Director to
11		the Comptroller, equal to the excess of the amount
12		collected pursuant to subsections (c) and (d) of Section
13		201 of this Act deposited into the Income Tax Refund Fund
14		during the fiscal year over the amount of refunds
15		resulting from overpayment of tax liability under
16		subsections (c) and (d) of Section 201 of this Act paid
17		from the Income Tax Refund Fund during the fiscal year.
18		(4) As soon as possible after the end of each fiscal
19		year, the Director shall order transferred and the State
20		Treasurer and State Comptroller shall transfer from the
21		Personal Property Tax Replacement Fund to the Income Tax
22		Refund Fund an amount, certified by the Director to the
23		Comptroller, equal to the excess of the amount of refunds
24		resulting from overpayment of tax liability under
25		subsections (c) and (d) of Section 201 of this Act paid
26		from the Income Tax Refund Fund during the fiscal year

HB3817 Enrolled - 187 - LRB103 30519 DTM 56952 b
1		over the amount collected pursuant to subsections (c) and
2		(d) of Section 201 of this Act deposited into the Income
3		Tax Refund Fund during the fiscal year.
4		(4.5) As soon as possible after the end of fiscal year
5		1999 and of each fiscal year thereafter, the Director
6		shall order transferred and the State Treasurer and State
7		Comptroller shall transfer from the Income Tax Refund Fund
8		to the General Revenue Fund any surplus remaining in the
9		Income Tax Refund Fund as of the end of such fiscal year;
10		excluding for fiscal years 2000, 2001, and 2002 amounts
11		attributable to transfers under item (3) of subsection (c)
12		less refunds resulting from the earned income tax credit,
13		and excluding for fiscal year 2022 amounts attributable to
14		transfers from the General Revenue Fund authorized by
15		Public Act 102-700 this amendatory Act of the 102nd
16		General Assembly.
17		(5) This Act shall constitute an irrevocable and
18		continuing appropriation from the Income Tax Refund Fund
19		for the purposes of (i) paying refunds upon the order of
20		the Director in accordance with the provisions of this
21		Section and (ii) paying one-time rebate payments under
22		Sections 208.5 and 212.1.
23		(e) Deposits into the Education Assistance Fund and the
24		Income Tax Surcharge Local Government Distributive Fund. On
25		July 1, 1991, and thereafter, of the amounts collected
26		pursuant to subsections (a) and (b) of Section 201 of this Act,

HB3817 Enrolled - 188 - LRB103 30519 DTM 56952 b
1		minus deposits into the Income Tax Refund Fund, the Department
2		shall deposit 7.3% into the Education Assistance Fund in the
3		State Treasury. Beginning July 1, 1991, and continuing through
4		January 31, 1993, of the amounts collected pursuant to
5		subsections (a) and (b) of Section 201 of the Illinois Income
6		Tax Act, minus deposits into the Income Tax Refund Fund, the
7		Department shall deposit 3.0% into the Income Tax Surcharge
8		Local Government Distributive Fund in the State Treasury.
9		Beginning February 1, 1993 and continuing through June 30,
10		1993, of the amounts collected pursuant to subsections (a) and
11		(b) of Section 201 of the Illinois Income Tax Act, minus
12		deposits into the Income Tax Refund Fund, the Department shall
13		deposit 4.4% into the Income Tax Surcharge Local Government
14		Distributive Fund in the State Treasury. Beginning July 1,
15		1993, and continuing through June 30, 1994, of the amounts
16		collected under subsections (a) and (b) of Section 201 of this
17		Act, minus deposits into the Income Tax Refund Fund, the
18		Department shall deposit 1.475% into the Income Tax Surcharge
19		Local Government Distributive Fund in the State Treasury.
20		(f) Deposits into the Fund for the Advancement of
21		Education. Beginning February 1, 2015, the Department shall
22		deposit the following portions of the revenue realized from
23		the tax imposed upon individuals, trusts, and estates by
24		subsections (a) and (b) of Section 201 of this Act, minus
25		deposits into the Income Tax Refund Fund, into the Fund for the
26		Advancement of Education:

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1		(1) beginning February 1, 2015, and prior to February
2		1, 2025, 1/30; and
3		(2) beginning February 1, 2025, 1/26.
4		If the rate of tax imposed by subsection (a) and (b) of
5		Section 201 is reduced pursuant to Section 201.5 of this Act,
6		the Department shall not make the deposits required by this
7		subsection (f) on or after the effective date of the
8		reduction.
9		(g) Deposits into the Commitment to Human Services Fund.
10		Beginning February 1, 2015, the Department shall deposit the
11		following portions of the revenue realized from the tax
12		imposed upon individuals, trusts, and estates by subsections
13		(a) and (b) of Section 201 of this Act, minus deposits into the
14		Income Tax Refund Fund, into the Commitment to Human Services
15		Fund:
16		(1) beginning February 1, 2015, and prior to February
17		1, 2025, 1/30; and
18		(2) beginning February 1, 2025, 1/26.
19		If the rate of tax imposed by subsection (a) and (b) of
20		Section 201 is reduced pursuant to Section 201.5 of this Act,
21		the Department shall not make the deposits required by this
22		subsection (g) on or after the effective date of the
23		reduction.
24		(h) Deposits into the Tax Compliance and Administration
25		Fund. Beginning on the first day of the first calendar month to
26		occur on or after August 26, 2014 (the effective date of Public

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1		Act 98-1098), each month the Department shall pay into the Tax
2		Compliance and Administration Fund, to be used, subject to
3		appropriation, to fund additional auditors and compliance
4		personnel at the Department, an amount equal to 1/12 of 5% of
5		the cash receipts collected during the preceding fiscal year
6		by the Audit Bureau of the Department from the tax imposed by
7		subsections (a), (b), (c), and (d) of Section 201 of this Act,
8		net of deposits into the Income Tax Refund Fund made from those
9		cash receipts.
10		(Source: P.A. 101-8, see Section 99 for effective date;
11		101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff.
12		6-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658,
13		eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff. 4-19-22;
14		102-813, eff. 5-13-22; revised 8-2-22.)
15		Section 5-80. The Hotel Operators' Occupation Tax Act is
16		amended by changing Section 6 as follows:
17		(35 ILCS 145/6) (from Ch. 120, par. 481b.36)
18		Sec. 6. Filing of returns and distribution of revenue
19		proceeds. Except as provided hereinafter in this Section, on
20		or before the last day of each calendar month, every person
21		engaged in the business of renting, leasing or letting rooms
22		in a hotel in this State during the preceding calendar month
23		shall file a return with the Department, stating:
24		1. The name of the operator;

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1		2. His residence address and the address of his
2		principal place of business and the address of the
3		principal place of business (if that is a different
4		address) from which he engages in the business of renting,
5		leasing or letting rooms in a hotel in this State;
6		3. Total amount of rental receipts received by him
7		during the preceding calendar month from renting, leasing
8		or letting rooms during such preceding calendar month;
9		4. Total amount of rental receipts received by him
10		during the preceding calendar month from renting, leasing
11		or letting rooms to permanent residents during such
12		preceding calendar month;
13		5. Total amount of other exclusions from gross rental
14		receipts allowed by this Act;
15		6. Gross rental receipts which were received by him
16		during the preceding calendar month and upon the basis of
17		which the tax is imposed;
18		7. The amount of tax due;
19		8. Such other reasonable information as the Department
20		may require.
21		If the operator's average monthly tax liability to the
22		Department does not exceed $200, the Department may authorize
23		his returns to be filed on a quarter annual basis, with the
24		return for January, February and March of a given year being
25		due by April 30 of such year; with the return for April, May
26		and June of a given year being due by July 31 of such year;

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1		with the return for July, August and September of a given year
2		being due by October 31 of such year, and with the return for
3		October, November and December of a given year being due by
4		January 31 of the following year.
5		If the operator's average monthly tax liability to the
6		Department does not exceed $50, the Department may authorize
7		his returns to be filed on an annual basis, with the return for
8		a given year being due by January 31 of the following year.
9		Such quarter annual and annual returns, as to form and
10		substance, shall be subject to the same requirements as
11		monthly returns.
12		Notwithstanding any other provision in this Act concerning
13		the time within which an operator may file his return, in the
14		case of any operator who ceases to engage in a kind of business
15		which makes him responsible for filing returns under this Act,
16		such operator shall file a final return under this Act with the
17		Department not more than 1 month after discontinuing such
18		business.
19		Where the same person has more than 1 business registered
20		with the Department under separate registrations under this
21		Act, such person shall not file each return that is due as a
22		single return covering all such registered businesses, but
23		shall file separate returns for each such registered business.
24		In his return, the operator shall determine the value of
25		any consideration other than money received by him in
26		connection with the renting, leasing or letting of rooms in

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1		the course of his business and he shall include such value in
2		his return. Such determination shall be subject to review and
3		revision by the Department in the manner hereinafter provided
4		for the correction of returns.
5		Where the operator is a corporation, the return filed on
6		behalf of such corporation shall be signed by the president,
7		vice-president, secretary or treasurer or by the properly
8		accredited agent of such corporation.
9		The person filing the return herein provided for shall, at
10		the time of filing such return, pay to the Department the
11		amount of tax herein imposed. The operator filing the return
12		under this Section shall, at the time of filing such return,
13		pay to the Department the amount of tax imposed by this Act
14		less a discount of 2.1% or $25 per calendar year, whichever is
15		greater, which is allowed to reimburse the operator for the
16		expenses incurred in keeping records, preparing and filing
17		returns, remitting the tax and supplying data to the
18		Department on request.
19		If any payment provided for in this Section exceeds the
20		operator's liabilities under this Act, as shown on an original
21		return, the Department may authorize the operator to credit
22		such excess payment against liability subsequently to be
23		remitted to the Department under this Act, in accordance with
24		reasonable rules adopted by the Department. If the Department
25		subsequently determines that all or any part of the credit
26		taken was not actually due to the operator, the operator's

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1		discount shall be reduced by an amount equal to the difference
2		between the discount as applied to the credit taken and that
3		actually due, and that operator shall be liable for penalties
4		and interest on such difference.
5		There shall be deposited into in the Build Illinois Fund
6		in the State Treasury for each State fiscal year 40% of the
7		amount of total net revenue proceeds from the tax imposed by
8		subsection (a) of Section 3. Of the remaining 60%: (i) ,
9		$5,000,000 shall be deposited into in the Illinois Sports
10		Facilities Fund and credited to the Subsidy Account each
11		fiscal year by making monthly deposits in the amount of 1/8 of
12		$5,000,000 plus cumulative deficiencies in such deposits for
13		prior months, and (ii) an amount equal to the then applicable
14		Advance Amount additional $8,000,000 shall be deposited into
15		in the Illinois Sports Facilities Fund and credited to the
16		Advance Account each fiscal year by making monthly deposits in
17		the amount of 1/8 of the then applicable Advance Amount
18		$8,000,000 plus any cumulative deficiencies in such deposits
19		for prior months; provided, that for fiscal years ending after
20		June 30, 2001, the amount to be so deposited into the Illinois
21		Sports Facilities Fund and credited to the Advance Account
22		each fiscal year shall be increased from $8,000,000 to the
23		then applicable Advance Amount and the required monthly
24		deposits beginning with July 2001 shall be in the amount of 1/8
25		of the then applicable Advance Amount plus any cumulative
26		deficiencies in those deposits for prior months. (The deposits

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1		of the additional $8,000,000 or the then applicable Advance
2		Amount, as applicable, during each fiscal year shall be
3		treated as advances of funds to the Illinois Sports Facilities
4		Authority for its corporate purposes to the extent paid to the
5		Authority or its trustee and shall be repaid into the General
6		Revenue Fund in the State Treasury by the State Treasurer on
7		behalf of the Authority pursuant to Section 19 of the Illinois
8		Sports Facilities Authority Act, as amended. If in any fiscal
9		year the full amount of the then applicable Advance Amount is
10		not repaid into the General Revenue Fund, then the deficiency
11		shall be paid from the amount in the Local Government
12		Distributive Fund that would otherwise be allocated to the
13		City of Chicago under the State Revenue Sharing Act.)
14		For purposes of the foregoing paragraph, the term "Advance
15		Amount" means, for fiscal year 2002, $22,179,000, and for
16		subsequent fiscal years through fiscal year 2033, 105.615% of
17		the Advance Amount for the immediately preceding fiscal year,
18		rounded up to the nearest $1,000.
19		Of the remaining 60% of the amount of total net proceeds
20		prior to August 1, 2011 from the tax imposed by subsection (a)
21		of Section 3 after all required deposits in the Illinois
22		Sports Facilities Fund, the amount equal to 8% of the net
23		revenue realized from this Act plus an amount equal to 8% of
24		the net revenue realized from any tax imposed under Section
25		4.05 of the Chicago World's Fair-1992 Authority Act during the
26		preceding month shall be deposited in the Local Tourism Fund

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1		each month for purposes authorized by Section 605-705 of the
2		Department of Commerce and Economic Opportunity Law (20 ILCS
3		605/605-705). Of the remaining 60% of the amount of total net
4		revenue proceeds beginning on August 1, 2011 through June 30,
5		2023, from the tax imposed by subsection (a) of Section 3 after
6		all required deposits into in the Illinois Sports Facilities
7		Fund, an amount equal to 8% of the net revenue realized from
8		this Act plus an amount equal to 8% of the net revenue realized
9		from any tax imposed under Section 4.05 of the Chicago World's
10		Fair-1992 Authority Act during the preceding month shall be
11		deposited as follows: 18% of such amount shall be deposited
12		into the Chicago Travel Industry Promotion Fund for the
13		purposes described in subsection (n) of Section 5 of the
14		Metropolitan Pier and Exposition Authority Act and the
15		remaining 82% of such amount shall be deposited into the Local
16		Tourism Fund each month for purposes authorized by Section
17		605-705 of the Department of Commerce and Economic Opportunity
18		Law. Beginning on August 1, 1999 and ending on July 31, 2011,
19		an amount equal to 4.5% of the net revenue realized from the
20		Hotel Operators' Occupation Tax Act during the preceding month
21		shall be deposited into the International Tourism Fund for the
22		purposes authorized in Section 605-707 of the Department of
23		Commerce and Economic Opportunity Law. Beginning on August 1,
24		2011 and through June 30, 2023, an amount equal to 4.5% of the
25		net revenue realized from this Act during the preceding month
26		shall be deposited as follows: 55% of such amount shall be

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1		deposited into the Chicago Travel Industry Promotion Fund for
2		the purposes described in subsection (n) of Section 5 of the
3		Metropolitan Pier and Exposition Authority Act and the
4		remaining 45% of such amount deposited into the International
5		Tourism Fund for the purposes authorized in Section 605-707 of
6		the Department of Commerce and Economic Opportunity Law. "Net
7		revenue realized for a month" means the revenue collected by
8		the State under this that Act during the previous month less
9		the amount paid out during that same month as refunds to
10		taxpayers for overpayment of liability under this that Act.
11		Beginning on July 1, 2023, of the remaining 60% of the
12		amount of total net revenue realized from the tax imposed
13		under subsection (a) of Section 3, after all required deposits
14		into the Illinois Sports Facilities Fund:
15		(1) an amount equal to 8% of the net revenue realized
16		under this Act for the preceding month shall be deposited
17		as follows: 82% to the Local Tourism Fund and 18% to the
18		Chicago Travel Industry Promotion Fund; and
19		(2) an amount equal to 4.5% of the net revenue
20		realized under this Act for the preceding month shall be
21		deposited as follows: 55% to the Chicago Travel Industry
22		Promotion Fund and 45% to the International Tourism Fund.
23		After making all these deposits, any remaining net revenue
24		realized from all other proceeds of the tax imposed under
25		subsection (a) of Section 3 shall be deposited into in the
26		Tourism Promotion Fund in the State Treasury. All moneys

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1		received by the Department from the additional tax imposed
2		under subsection (b) of Section 3 shall be deposited into the
3		Build Illinois Fund in the State Treasury.
4		The Department may, upon separate written notice to a
5		taxpayer, require the taxpayer to prepare and file with the
6		Department on a form prescribed by the Department within not
7		less than 60 days after receipt of the notice an annual
8		information return for the tax year specified in the notice.
9		Such annual return to the Department shall include a statement
10		of gross receipts as shown by the operator's last State income
11		tax return. If the total receipts of the business as reported
12		in the State income tax return do not agree with the gross
13		receipts reported to the Department for the same period, the
14		operator shall attach to his annual information return a
15		schedule showing a reconciliation of the 2 amounts and the
16		reasons for the difference. The operator's annual information
17		return to the Department shall also disclose payroll pay roll
18		information of the operator's business during the year covered
19		by such return and any additional reasonable information which
20		the Department deems would be helpful in determining the
21		accuracy of the monthly, quarterly or annual tax returns by
22		such operator as hereinbefore provided for in this Section.
23		If the annual information return required by this Section
24		is not filed when and as required the taxpayer shall be liable
25		for a penalty in an amount determined in accordance with
26		Section 3-4 of the Uniform Penalty and Interest Act until such

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1		return is filed as required, the penalty to be assessed and
2		collected in the same manner as any other penalty provided for
3		in this Act.
4		The chief executive officer, proprietor, owner or highest
5		ranking manager shall sign the annual return to certify the
6		accuracy of the information contained therein. Any person who
7		willfully signs the annual return containing false or
8		inaccurate information shall be guilty of perjury and punished
9		accordingly. The annual return form prescribed by the
10		Department shall include a warning that the person signing the
11		return may be liable for perjury.
12		The foregoing portion of this Section concerning the
13		filing of an annual information return shall not apply to an
14		operator who is not required to file an income tax return with
15		the United States Government.
16		(Source: P.A. 102-16, eff. 6-17-21.)
17		Section 5-85. The Motor Fuel Tax Law is amended by
18		changing Section 8 as follows:
19		(35 ILCS 505/8) (from Ch. 120, par. 424)
20		Sec. 8. Distribution of proceeds of tax. Except as
21		provided in subsection (a-1) of this Section, Section 8a,
22		subdivision (h)(1) of Section 12a, Section 13a.6, and items
23		13, 14, 15, and 16 of Section 15, all money received by the
24		Department under this Act, including payments made to the

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1		Department by member jurisdictions participating in the
2		International Fuel Tax Agreement, shall be deposited into in a
3		special fund in the State treasury, to be known as the "Motor
4		Fuel Tax Fund", and shall be used as follows:
5		(a) 2 1/2 cents per gallon of the tax collected on special
6		fuel under paragraph (b) of Section 2 and Section 13a of this
7		Act shall be transferred to the State Construction Account
8		Fund in the State Treasury; the remainder of the tax collected
9		on special fuel under paragraph (b) of Section 2 and Section
10		13a of this Act shall be deposited into the Road Fund;
11		(a-1) Beginning on July 1, 2019, an amount equal to the
12		amount of tax collected under subsection (a) of Section 2 and
13		Section 13a as a result of the increase in the tax rate under
14		subsection (a) of Section 2 authorized by Public Act 101-32
15		shall be deposited transferred each month into the
16		Transportation Renewal Fund; provided, however, that the
17		amount that represents the part (b) portion of the rate under
18		Section 13a shall be deposited each month into the Motor Fuel
19		Tax Fund and the Transportation Renewal Fund in the same
20		proportion as the amount collected under subsection (a) of
21		Section 2;
22		(b) $420,000 shall be transferred each month to the State
23		Boating Act Fund to be used by the Department of Natural
24		Resources for the purposes specified in Article X of the Boat
25		Registration and Safety Act;
26		(c) $3,500,000 shall be transferred each month to the

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1		Grade Crossing Protection Fund to be used as follows: not less
2		than $12,000,000 each fiscal year shall be used for the
3		construction or reconstruction of rail highway grade
4		separation structures; $5,500,000 in fiscal year 2022 and each
5		fiscal year thereafter shall be transferred to the
6		Transportation Regulatory Fund and shall be used to pay the
7		cost of administration of the Illinois Commerce Commission's
8		railroad safety program in connection with its duties under
9		subsection (3) of Section 18c-7401 of the Illinois Vehicle
10		Code, with the remainder to be used by the Department of
11		Transportation upon order of the Illinois Commerce Commission,
12		to pay that part of the cost apportioned by such Commission to
13		the State to cover the interest of the public in the use of
14		highways, roads, streets, or pedestrian walkways in the county
15		highway system, township and district road system, or
16		municipal street system as defined in the Illinois Highway
17		Code, as the same may from time to time be amended, for
18		separation of grades, for installation, construction or
19		reconstruction of crossing protection or reconstruction,
20		alteration, relocation including construction or improvement
21		of any existing highway necessary for access to property or
22		improvement of any grade crossing and grade crossing surface
23		including the necessary highway approaches thereto of any
24		railroad across the highway or public road, or for the
25		installation, construction, reconstruction, or maintenance of
26		safety treatments to deter trespassing or a pedestrian walkway

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1		over or under a railroad right-of-way, as provided for in and
2		in accordance with Section 18c-7401 of the Illinois Vehicle
3		Code. The Commission may order up to $2,000,000 per year in
4		Grade Crossing Protection Fund moneys for the improvement of
5		grade crossing surfaces and up to $300,000 per year for the
6		maintenance and renewal of 4-quadrant gate vehicle detection
7		systems located at non-high speed rail grade crossings. In
8		entering orders for projects for which payments from the Grade
9		Crossing Protection Fund will be made, the Commission shall
10		account for expenditures authorized by the orders on a cash
11		rather than an accrual basis. For purposes of this requirement
12		an "accrual basis" assumes that the total cost of the project
13		is expended in the fiscal year in which the order is entered,
14		while a "cash basis" allocates the cost of the project among
15		fiscal years as expenditures are actually made. To meet the
16		requirements of this subsection, the Illinois Commerce
17		Commission shall develop annual and 5-year project plans of
18		rail crossing capital improvements that will be paid for with
19		moneys from the Grade Crossing Protection Fund. The annual
20		project plan shall identify projects for the succeeding fiscal
21		year and the 5-year project plan shall identify projects for
22		the 5 directly succeeding fiscal years. The Commission shall
23		submit the annual and 5-year project plans for this Fund to the
24		Governor, the President of the Senate, the Senate Minority
25		Leader, the Speaker of the House of Representatives, and the
26		Minority Leader of the House of Representatives on the first

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1		Wednesday in April of each year;
2		(d) of the amount remaining after allocations provided for
3		in subsections (a), (a-1), (b), and (c), a sufficient amount
4		shall be reserved to pay all of the following:
5		(1) the costs of the Department of Revenue in
6		administering this Act;
7		(2) the costs of the Department of Transportation in
8		performing its duties imposed by the Illinois Highway Code
9		for supervising the use of motor fuel tax funds
10		apportioned to municipalities, counties and road
11		districts;
12		(3) refunds provided for in Section 13, refunds for
13		overpayment of decal fees paid under Section 13a.4 of this
14		Act, and refunds provided for under the terms of the
15		International Fuel Tax Agreement referenced in Section
16		14a;
17		(4) from October 1, 1985 until June 30, 1994, the
18		administration of the Vehicle Emissions Inspection Law,
19		which amount shall be certified monthly by the
20		Environmental Protection Agency to the State Comptroller
21		and shall promptly be transferred by the State Comptroller
22		and Treasurer from the Motor Fuel Tax Fund to the Vehicle
23		Inspection Fund, and for the period July 1, 1994 through
24		June 30, 2000, one-twelfth of $25,000,000 each month, for
25		the period July 1, 2000 through June 30, 2003, one-twelfth
26		of $30,000,000 each month, and $15,000,000 on July 1,

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1		2003, and $15,000,000 on January 1, 2004, and $15,000,000
2		on each July 1 and October 1, or as soon thereafter as may
3		be practical, during the period July 1, 2004 through June
4		30, 2012, and $30,000,000 on June 1, 2013, or as soon
5		thereafter as may be practical, and $15,000,000 on July 1
6		and October 1, or as soon thereafter as may be practical,
7		during the period of July 1, 2013 through June 30, 2015,
8		for the administration of the Vehicle Emissions Inspection
9		Law of 2005, to be transferred by the State Comptroller
10		and Treasurer from the Motor Fuel Tax Fund into the
11		Vehicle Inspection Fund;
12		(4.5) beginning on July 1, 2019, the costs of the
13		Environmental Protection Agency for the administration of
14		the Vehicle Emissions Inspection Law of 2005 shall be
15		paid, subject to appropriation, from the Motor Fuel Tax
16		Fund into the Vehicle Inspection Fund; beginning in 2019,
17		no later than December 31 of each year, or as soon
18		thereafter as practical, the State Comptroller shall
19		direct and the State Treasurer shall transfer from the
20		Vehicle Inspection Fund to the Motor Fuel Tax Fund any
21		balance remaining in the Vehicle Inspection Fund in excess
22		of $2,000,000;
23		(5) amounts ordered paid by the Court of Claims; and
24		(6) payment of motor fuel use taxes due to member
25		jurisdictions under the terms of the International Fuel
26		Tax Agreement. The Department shall certify these amounts

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1		to the Comptroller by the 15th day of each month; the
2		Comptroller shall cause orders to be drawn for such
3		amounts, and the Treasurer shall administer those amounts
4		on or before the last day of each month;
5		(e) after allocations for the purposes set forth in
6		subsections (a), (a-1), (b), (c), and (d), the remaining
7		amount shall be apportioned as follows:
8		(1) Until January 1, 2000, 58.4%, and beginning
9		January 1, 2000, 45.6% shall be deposited as follows:
10		(A) 37% into the State Construction Account Fund,
11		and
12		(B) 63% into the Road Fund, $1,250,000 of which
13		shall be reserved each month for the Department of
14		Transportation to be used in accordance with the
15		provisions of Sections 6-901 through 6-906 of the
16		Illinois Highway Code;
17		(2) Until January 1, 2000, 41.6%, and beginning
18		January 1, 2000, 54.4% shall be transferred to the
19		Department of Transportation to be distributed as follows:
20		(A) 49.10% to the municipalities of the State,
21		(B) 16.74% to the counties of the State having
22		1,000,000 or more inhabitants,
23		(C) 18.27% to the counties of the State having
24		less than 1,000,000 inhabitants,
25		(D) 15.89% to the road districts of the State.
26		If a township is dissolved under Article 24 of the

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1		Township Code, McHenry County shall receive any moneys
2		that would have been distributed to the township under
3		this subparagraph, except that a municipality that assumes
4		the powers and responsibilities of a road district under
5		paragraph (6) of Section 24-35 of the Township Code shall
6		receive any moneys that would have been distributed to the
7		township in a percent equal to the area of the dissolved
8		road district or portion of the dissolved road district
9		over which the municipality assumed the powers and
10		responsibilities compared to the total area of the
11		dissolved township. The moneys received under this
12		subparagraph shall be used in the geographic area of the
13		dissolved township. If a township is reconstituted as
14		provided under Section 24-45 of the Township Code, McHenry
15		County or a municipality shall no longer be distributed
16		moneys under this subparagraph.
17		As soon as may be after the first day of each month, the
18		Department of Transportation shall allot to each municipality
19		its share of the amount apportioned to the several
20		municipalities which shall be in proportion to the population
21		of such municipalities as determined by the last preceding
22		municipal census if conducted by the Federal Government or
23		Federal census. If territory is annexed to any municipality
24		subsequent to the time of the last preceding census the
25		corporate authorities of such municipality may cause a census
26		to be taken of such annexed territory and the population so

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1		ascertained for such territory shall be added to the
2		population of the municipality as determined by the last
3		preceding census for the purpose of determining the allotment
4		for that municipality. If the population of any municipality
5		was not determined by the last Federal census preceding any
6		apportionment, the apportionment to such municipality shall be
7		in accordance with any census taken by such municipality. Any
8		municipal census used in accordance with this Section shall be
9		certified to the Department of Transportation by the clerk of
10		such municipality, and the accuracy thereof shall be subject
11		to approval of the Department which may make such corrections
12		as it ascertains to be necessary.
13		As soon as may be after the first day of each month, the
14		Department of Transportation shall allot to each county its
15		share of the amount apportioned to the several counties of the
16		State as herein provided. Each allotment to the several
17		counties having less than 1,000,000 inhabitants shall be in
18		proportion to the amount of motor vehicle license fees
19		received from the residents of such counties, respectively,
20		during the preceding calendar year. The Secretary of State
21		shall, on or before April 15 of each year, transmit to the
22		Department of Transportation a full and complete report
23		showing the amount of motor vehicle license fees received from
24		the residents of each county, respectively, during the
25		preceding calendar year. The Department of Transportation
26		shall, each month, use for allotment purposes the last such

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1		report received from the Secretary of State.
2		As soon as may be after the first day of each month, the
3		Department of Transportation shall allot to the several
4		counties their share of the amount apportioned for the use of
5		road districts. The allotment shall be apportioned among the
6		several counties in the State in the proportion which the
7		total mileage of township or district roads in the respective
8		counties bears to the total mileage of all township and
9		district roads in the State. Funds allotted to the respective
10		counties for the use of road districts therein shall be
11		allocated to the several road districts in the county in the
12		proportion which the total mileage of such township or
13		district roads in the respective road districts bears to the
14		total mileage of all such township or district roads in the
15		county. After July 1 of any year prior to 2011, no allocation
16		shall be made for any road district unless it levied a tax for
17		road and bridge purposes in an amount which will require the
18		extension of such tax against the taxable property in any such
19		road district at a rate of not less than either .08% of the
20		value thereof, based upon the assessment for the year
21		immediately prior to the year in which such tax was levied and
22		as equalized by the Department of Revenue or, in DuPage
23		County, an amount equal to or greater than $12,000 per mile of
24		road under the jurisdiction of the road district, whichever is
25		less. Beginning July 1, 2011 and each July 1 thereafter, an
26		allocation shall be made for any road district if it levied a

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1		tax for road and bridge purposes. In counties other than
2		DuPage County, if the amount of the tax levy requires the
3		extension of the tax against the taxable property in the road
4		district at a rate that is less than 0.08% of the value
5		thereof, based upon the assessment for the year immediately
6		prior to the year in which the tax was levied and as equalized
7		by the Department of Revenue, then the amount of the
8		allocation for that road district shall be a percentage of the
9		maximum allocation equal to the percentage obtained by
10		dividing the rate extended by the district by 0.08%. In DuPage
11		County, if the amount of the tax levy requires the extension of
12		the tax against the taxable property in the road district at a
13		rate that is less than the lesser of (i) 0.08% of the value of
14		the taxable property in the road district, based upon the
15		assessment for the year immediately prior to the year in which
16		such tax was levied and as equalized by the Department of
17		Revenue, or (ii) a rate that will yield an amount equal to
18		$12,000 per mile of road under the jurisdiction of the road
19		district, then the amount of the allocation for the road
20		district shall be a percentage of the maximum allocation equal
21		to the percentage obtained by dividing the rate extended by
22		the district by the lesser of (i) 0.08% or (ii) the rate that
23		will yield an amount equal to $12,000 per mile of road under
24		the jurisdiction of the road district.
25		Prior to 2011, if any road district has levied a special
26		tax for road purposes pursuant to Sections 6-601, 6-602, and

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1		6-603 of the Illinois Highway Code, and such tax was levied in
2		an amount which would require extension at a rate of not less
3		than .08% of the value of the taxable property thereof, as
4		equalized or assessed by the Department of Revenue, or, in
5		DuPage County, an amount equal to or greater than $12,000 per
6		mile of road under the jurisdiction of the road district,
7		whichever is less, such levy shall, however, be deemed a
8		proper compliance with this Section and shall qualify such
9		road district for an allotment under this Section. Beginning
10		in 2011 and thereafter, if any road district has levied a
11		special tax for road purposes under Sections 6-601, 6-602, and
12		6-603 of the Illinois Highway Code, and the tax was levied in
13		an amount that would require extension at a rate of not less
14		than 0.08% of the value of the taxable property of that road
15		district, as equalized or assessed by the Department of
16		Revenue or, in DuPage County, an amount equal to or greater
17		than $12,000 per mile of road under the jurisdiction of the
18		road district, whichever is less, that levy shall be deemed a
19		proper compliance with this Section and shall qualify such
20		road district for a full, rather than proportionate, allotment
21		under this Section. If the levy for the special tax is less
22		than 0.08% of the value of the taxable property, or, in DuPage
23		County if the levy for the special tax is less than the lesser
24		of (i) 0.08% or (ii) $12,000 per mile of road under the
25		jurisdiction of the road district, and if the levy for the
26		special tax is more than any other levy for road and bridge

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1		purposes, then the levy for the special tax qualifies the road
2		district for a proportionate, rather than full, allotment
3		under this Section. If the levy for the special tax is equal to
4		or less than any other levy for road and bridge purposes, then
5		any allotment under this Section shall be determined by the
6		other levy for road and bridge purposes.
7		Prior to 2011, if a township has transferred to the road
8		and bridge fund money which, when added to the amount of any
9		tax levy of the road district would be the equivalent of a tax
10		levy requiring extension at a rate of at least .08%, or, in
11		DuPage County, an amount equal to or greater than $12,000 per
12		mile of road under the jurisdiction of the road district,
13		whichever is less, such transfer, together with any such tax
14		levy, shall be deemed a proper compliance with this Section
15		and shall qualify the road district for an allotment under
16		this Section.
17		In counties in which a property tax extension limitation
18		is imposed under the Property Tax Extension Limitation Law,
19		road districts may retain their entitlement to a motor fuel
20		tax allotment or, beginning in 2011, their entitlement to a
21		full allotment if, at the time the property tax extension
22		limitation was imposed, the road district was levying a road
23		and bridge tax at a rate sufficient to entitle it to a motor
24		fuel tax allotment and continues to levy the maximum allowable
25		amount after the imposition of the property tax extension
26		limitation. Any road district may in all circumstances retain

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1		its entitlement to a motor fuel tax allotment or, beginning in
2		2011, its entitlement to a full allotment if it levied a road
3		and bridge tax in an amount that will require the extension of
4		the tax against the taxable property in the road district at a
5		rate of not less than 0.08% of the assessed value of the
6		property, based upon the assessment for the year immediately
7		preceding the year in which the tax was levied and as equalized
8		by the Department of Revenue or, in DuPage County, an amount
9		equal to or greater than $12,000 per mile of road under the
10		jurisdiction of the road district, whichever is less.
11		As used in this Section, the term "road district" means
12		any road district, including a county unit road district,
13		provided for by the Illinois Highway Code; and the term
14		"township or district road" means any road in the township and
15		district road system as defined in the Illinois Highway Code.
16		For the purposes of this Section, "township or district road"
17		also includes such roads as are maintained by park districts,
18		forest preserve districts and conservation districts. The
19		Department of Transportation shall determine the mileage of
20		all township and district roads for the purposes of making
21		allotments and allocations of motor fuel tax funds for use in
22		road districts.
23		Payment of motor fuel tax moneys to municipalities and
24		counties shall be made as soon as possible after the allotment
25		is made. The treasurer of the municipality or county may
26		invest these funds until their use is required and the

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1		interest earned by these investments shall be limited to the
2		same uses as the principal funds.
3		(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19;
4		101-493, eff. 8-23-19; 102-16, eff. 6-17-21; 102-558, eff.
5		8-20-21; 102-699, eff. 4-19-22.)
6		Section 5-87. The Illinois Pension Code is amended by
7		changing Sections 1A-112, 2-121.1, and 16-132 and by adding
8		Sections 2-105.3 and 2-105.4 as follows:
9		(40 ILCS 5/1A-112)
10		Sec. 1A-112. Fees.
11		(a) Every pension fund that is required to file an annual
12		statement under Section 1A-109 shall pay to the Department an
13		annual compliance fee. In the case of a pension fund under
14		Article 3 or 4 of this Code, (i) prior to the conclusion of the
15		transition period, the annual compliance fee shall be 0.02% (2
16		basis points) of the total assets of the pension fund, as
17		reported in the most current annual statement of the fund, but
18		not more than $8,000 and (ii) after the conclusion of the
19		transition period, the annual compliance fee shall be $8,000
20		and shall be paid by the Consolidated Fund. In the case of all
21		other pension funds and retirement systems, the annual
22		compliance fee shall be $8,000. Effective July 1, 2023, each
23		pension fund established under Article 3 or 4 of this Code
24		shall pay an annual compliance fee of at least 0.02% but not

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1		more than 0.05% of the total assets of the pension fund, as
2		reported in the most current annual statement of the fund, to
3		the Department of Insurance unless the appropriate
4		Consolidated Fund agrees to conduct an audit or examination of
5		all pension funds as provided in Section 1A-104. The
6		Department shall have the discretion to set the annual
7		compliance fee to be paid by each pension fund to cover the
8		cost of the compliance audits. The Department shall provide
9		written notice to each Article 3 and Article 4 pension fund of
10		the amount of the annual compliance fee due not less than 60
11		days prior to the fee payment deadline.
12		(b) The annual compliance fee shall be due on June 30 for
13		the following State fiscal year, except that the fee payable
14		in 1997 for fiscal year 1998 shall be due no earlier than 30
15		days following the effective date of this amendatory Act of
16		1997.
17		(c) Any information obtained by the Division that is
18		available to the public under the Freedom of Information Act
19		and is either compiled in published form or maintained on a
20		computer processible medium shall be furnished upon the
21		written request of any applicant and the payment of a
22		reasonable information services fee established by the
23		Director, sufficient to cover the total cost to the Division
24		of compiling, processing, maintaining, and generating the
25		information. The information may be furnished by means of
26		published copy or on a computer processed or computer

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1		processible medium.
2		No fee may be charged to any person for information that
3		the Division is required by law to furnish to that person.
4		(d) Except as otherwise provided in this Section, all fees
5		and penalties collected by the Department under this Code
6		shall be deposited into the Public Pension Regulation Fund.
7		(e) Fees collected under subsection (c) of this Section
8		and money collected under Section 1A-107 shall be deposited
9		into the Technology Management Revolving Fund and credited to
10		the account of the Department's Public Pension Division. This
11		income shall be used exclusively for the purposes set forth in
12		Section 1A-107. Notwithstanding the provisions of Section
13		408.2 of the Illinois Insurance Code, no surplus funds
14		remaining in this account shall be deposited in the Insurance
15		Financial Regulation Fund. All money in this account that the
16		Director certifies is not needed for the purposes set forth in
17		Section 1A-107 of this Code shall be transferred to the Public
18		Pension Regulation Fund.
19		(f) Nothing in this Code prohibits the General Assembly
20		from appropriating funds from the General Revenue Fund to the
21		Department for the purpose of administering or enforcing this
22		Code.
23		(Source: P.A. 100-23, eff. 7-6-17; 101-610, eff. 1-1-20.)
24		(40 ILCS 5/2-105.3 new)
25		Sec. 2-105.3. Tier 1 participant; Tier 2 participant.

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1		"Tier 1 participant": A participant who first became a
2		participant before January 1, 2011.
3		"Tier 2 participant": A participant who first became a
4		participant on or after January 1, 2011.
5		(40 ILCS 5/2-105.4 new)
6		Sec. 2-105.4. Tier 1 retiree. "Tier 1 retiree" means a
7		former Tier 1 participant who has made the election to retire
8		and has terminated service.
9		(40 ILCS 5/2-121.1) (from Ch. 108 1/2, par. 2-121.1)
10		Sec. 2-121.1. Survivor's annuity; amount annuity - amount.
11		(a) A surviving spouse shall be entitled to 66 2/3% of the
12		amount of retirement annuity to which the participant or
13		annuitant was entitled on the date of death, without regard to
14		whether the participant had attained age 55 prior to his or her
15		death, subject to a minimum payment of 10% of salary. If a
16		surviving spouse, regardless of age, has in his or her care at
17		the date of death any eligible child or children of the
18		participant, the survivor's annuity shall be the greater of
19		the following: (1) 66 2/3% of the amount of retirement annuity
20		to which the participant or annuitant was entitled on the date
21		of death, or (2) 30% of the participant's salary increased by
22		10% of salary on account of each such child, subject to a total
23		payment for the surviving spouse and children of 50% of
24		salary. If eligible children survive but there is no surviving

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1		spouse, or if the surviving spouse dies or becomes
2		disqualified by remarriage while eligible children survive,
3		each eligible child shall be entitled to an annuity of 20% of
4		salary, subject to a maximum total payment for all such
5		children of 50% of salary.
6		However, the survivor's annuity payable under this Section
7		shall not be less than 100% of the amount of retirement annuity
8		to which the participant or annuitant was entitled on the date
9		of death, if he or she is survived by a dependent disabled
10		child.
11		The salary to be used for determining these benefits shall
12		be the salary used for determining the amount of retirement
13		annuity as provided in Section 2-119.01.
14		(b) Upon the death of a participant after the termination
15		of service or upon death of an annuitant, the maximum total
16		payment to a surviving spouse and eligible children, or to
17		eligible children alone if there is no surviving spouse, shall
18		be 75% of the retirement annuity to which the participant or
19		annuitant was entitled, unless there is a dependent disabled
20		child among the survivors.
21		(c) When a child ceases to be an eligible child, the
22		annuity to that child, or to the surviving spouse on account of
23		that child, shall thereupon cease, and the annuity payable to
24		the surviving spouse or other eligible children shall be
25		recalculated if necessary.
26		Upon the ineligibility of the last eligible child, the

HB3817 Enrolled - 218 - LRB103 30519 DTM 56952 b
1		annuity shall immediately revert to the amount payable upon
2		death of a participant or annuitant who leaves no eligible
3		children. If the surviving spouse is then under age 50, the
4		annuity as revised shall be deferred until the attainment of
5		age 50.
6		(d) Beginning January 1, 1990, every survivor's annuity
7		shall be increased (1) on each January 1 occurring on or after
8		the commencement of the annuity if the deceased member died
9		while receiving a retirement annuity, or (2) in other cases,
10		on each January 1 occurring on or after the first anniversary
11		of the commencement of the annuity, by an amount equal to 3% of
12		the current amount of the annuity, including any previous
13		increases under this Article. Such increases shall apply
14		without regard to whether the deceased member was in service
15		on or after the effective date of this amendatory Act of 1991,
16		but shall not accrue for any period prior to January 1, 1990.
17		(d-5) Notwithstanding any other provision of this Article,
18		the initial survivor's annuity of a survivor of a participant
19		who first becomes a participant on or after January 1, 2011
20		(the effective date of Public Act 96-889) shall be in the
21		amount of 66 2/3% of the amount of the retirement annuity to
22		which the participant or annuitant was entitled on the date of
23		death and shall be increased (1) on each January 1 occurring on
24		or after the commencement of the annuity if the deceased
25		member died while receiving a retirement annuity or (2) in
26		other cases, on each January 1 occurring on or after the first

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1		anniversary of the commencement of the annuity, by an amount
2		equal to 3% or the annual unadjusted percentage increase in
3		the Consumer Price Index for All Urban Consumers as determined
4		by the Public Pension Division of the Department of Insurance
5		under subsection (a) of Section 2-108.1, whichever is less, of
6		the survivor's annuity then being paid.
7		The provisions of this subsection (d-5) shall not apply to
8		a survivor's annuity of a survivor of a participant who died in
9		service before January 1, 2023.
10		(e) Notwithstanding any other provision of this Article,
11		beginning January 1, 1990, the minimum survivor's annuity
12		payable to any person who is entitled to receive a survivor's
13		annuity under this Article shall be $300 per month, without
14		regard to whether or not the deceased participant was in
15		service on the effective date of this amendatory Act of 1989.
16		(f) In the case of a proportional survivor's annuity
17		arising under the Retirement Systems Reciprocal Act where the
18		amount payable by the System on January 1, 1993 is less than
19		$300 per month, the amount payable by the System shall be
20		increased beginning on that date by a monthly amount equal to
21		$2 for each full year that has expired since the annuity began.
22		(g) Notwithstanding any other provision of this Code, the
23		survivor's annuity payable to an eligible survivor of a Tier 2
24		participant who died in service prior to January 1, 2023 shall
25		be calculated in accordance with the provisions applicable to
26		the survivors of a deceased Tier 1 participant.

HB3817 Enrolled - 220 - LRB103 30519 DTM 56952 b
1		Notwithstanding Section 1-103.1, the changes to this Section
2		made by this amendatory Act of the 103rd General Assembly
3		apply without regard to whether the participant was in active
4		service before the effective date of the changes made to this
5		Section by this amendatory Act of the 103rd General Assembly.
6		(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
7		(40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)
8		Sec. 16-132. Retirement annuity eligibility. A member who
9		has at least 20 years of creditable service is entitled to a
10		retirement annuity upon or after attainment of age 55. A
11		member who has at least 10 but less than 20 years of creditable
12		service is entitled to a retirement annuity upon or after
13		attainment of age 60. A member who has at least 5 but less than
14		10 years of creditable service is entitled to a retirement
15		annuity upon or after attainment of age 62. A member who (i)
16		has earned during the period immediately preceding the last
17		day of service at least one year of contributing creditable
18		service as an employee of a department as defined in Section
19		14-103.04, (ii) has earned at least 5 years of contributing
20		creditable service as an employee of a department as defined
21		in Section 14-103.04, and (iii) retires on or after January 1,
22		2001 is entitled to a retirement annuity upon or after
23		attainment of an age which, when added to the number of years
24		of his or her total creditable service, equals at least 85.
25		Portions of years shall be counted as decimal equivalents.

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1		A member who is eligible to receive a retirement annuity
2		of at least 74.6% of final average salary and will attain age
3		55 on or before December 31 during the year which commences on
4		July 1 shall be deemed to attain age 55 on the preceding June
5		1.
6		A member meeting the above eligibility conditions is
7		entitled to a retirement annuity upon written application to
8		the board setting forth the date the member wishes the
9		retirement annuity to commence. However, the effective date of
10		the retirement annuity shall be no earlier than the day
11		following the last day of creditable service, regardless of
12		the date of official termination of employment; however, upon
13		written application within 6 months after the effective date
14		of the changes made to this Section by this amendatory Act of
15		the 103rd General Assembly by a member or annuitant, the
16		creditable service and earnings received in the last fiscal
17		year of employment may be disregarded when determining the
18		retirement effective date and the retirement benefit except
19		that the effective date of a retirement annuity may be after
20		the date of official termination of employment as long as such
21		employment is for (1) less than 10 days in length; and (2) less
22		than $2,500 $2,000 in creditable earnings; and (3) the last
23		fiscal year of employment includes only a fiscal year
24		beginning on or after July 1, 2016 and ending before June
25		30,2023 compensation. The retirement effective date may not,
26		as a result of the application of this amendatory Act of the

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1		103rd General Assembly, be earlier than July 1, 2016.
2		To be eligible for a retirement annuity, a member shall
3		not be employed as a teacher in the schools included under this
4		System or under Article 17, except (i) as provided in Section
5		16-118 or 16-150.1, (ii) if the member is disabled (in which
6		event, eligibility for salary must cease), or (iii) if the
7		System is required by federal law to commence payment due to
8		the member's age; the changes to this sentence made by this
9		amendatory Act of the 93rd General Assembly apply without
10		regard to whether the member terminated employment before or
11		after its effective date.
12		(Source: P.A. 102-871, eff. 5-13-22.)
13		(40 ILCS 5/2-105.1 rep.)
14		(40 ILCS 5/2-105.2 rep.)
15		Section 5-88. The Illinois Pension Code is amended by
16		repealing Sections 2-105.1 and 2-105.2.
17		Section 5-89. The Innovation Development and Economy Act
18		is amended by changing Sections 20, 30, and 50 as follows:
19		(50 ILCS 470/20)
20		Sec. 20. Approval of STAR bond projects. The governing
21		body of a political subdivision may establish one or more STAR
22		bond projects in any STAR bond district. A STAR bond project
23		which is partially outside the boundaries of a municipality

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1		must also be approved by the governing body of the county by
2		resolution.
3		(a) After the establishment of a STAR bond district, the
4		master developer may propose one or more STAR bond projects to
5		a political subdivision and the master developer shall, in
6		cooperation with the political subdivision, prepare a STAR
7		bond project plan in consultation with the planning commission
8		of the political subdivision, if any. The STAR bond project
9		plan may be implemented in separate development stages.
10		(b) Any political subdivision considering a STAR bond
11		project within a STAR bond district shall notify the
12		Department, which shall cause to be prepared an independent
13		feasibility study by a feasibility consultant with certified
14		copies provided to the political subdivision, the Director,
15		and the Department of Commerce and Economic Opportunity. The
16		feasibility study shall include the following:
17		(1) the estimated amount of pledged STAR revenues
18		expected to be collected in each year through the maturity
19		date of the proposed STAR bonds;
20		(2) a statement of how the jobs and taxes obtained
21		from the STAR bond project will contribute significantly
22		to the economic development of the State and region;
23		(3) visitation expectations;
24		(4) the unique quality of the project;
25		(5) an economic impact study;
26		(6) a market study;

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1		(7) integration and collaboration with other resources
2		or businesses;
3		(8) the quality of service and experience provided, as
4		measured against national consumer standards for the
5		specific target market;
6		(9) project accountability, measured according to best
7		industry practices;
8		(10) the expected return on State and local investment
9		that the STAR bond project is anticipated to produce; and
10		(11) an anticipated principal and interest payment
11		schedule on the STAR bonds.
12		The feasibility consultant, along with the independent
13		economist and any other consultants commissioned to perform
14		the studies and other analysis required by the feasibility
15		study, shall be selected by the Director with the approval of
16		the political subdivision. The consultants shall be retained
17		by the Director and the Department shall be reimbursed by the
18		master developer for the costs to retain the consultants.
19		The failure to include all information enumerated in this
20		subsection in the feasibility study for a STAR bond project
21		shall not affect the validity of STAR bonds issued pursuant to
22		this Act.
23		(c) If the political subdivision determines the STAR bond
24		project is feasible, the STAR bond project plan shall include:
25		(1) a summary of the feasibility study;
26		(2) a reference to the STAR bond district plan that

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1		identifies the STAR bond project area that is set forth in
2		the STAR bond project plan that is being considered;
3		(3) a legal description and map of the STAR bond
4		project area to be developed or redeveloped;
5		(4) a description of the buildings and facilities
6		proposed to be constructed or improved in such STAR bond
7		project area, including destination users and an
8		entertainment user, as applicable;
9		(5) a copy of letters of intent to locate within the
10		STAR bond district signed by both the master developer and
11		the appropriate corporate officer of at least one
12		destination user for the first STAR bond project proposed
13		within the district; and
14		(6) any other information the governing body of the
15		political subdivision deems reasonable and necessary to
16		advise the public of the intent of the STAR bond project
17		plan.
18		(d) Before a political subdivision may hold a public
19		hearing to consider a STAR bond project plan, the political
20		subdivision must apply to the Department for approval of the
21		STAR bond project plan. An application for approval of a STAR
22		bond project plan must not be approved unless all of the
23		components of the feasibility study set forth in items (1)
24		through (11) of subsection (b) have been completed and
25		submitted to the Department for review. In addition to
26		reviewing all of the other elements of the STAR bond project

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1		plan required under subsection (c), which must be included in
2		the application (which plan must include a letter or letters
3		of intent as required under subdivision (c)(5) in order to
4		receive Director approval), the Director must review the
5		feasibility study and consider all of the components of the
6		feasibility study set forth in items (1) through (11) of
7		subsection (b) of Section 20, including without limitation the
8		economic impact study and the financial benefit of the
9		proposed STAR bond project to the local, regional, and State
10		economies, the proposed adverse impacts on similar businesses
11		and projects as well as municipalities within the market area,
12		and the net effect of the proposed STAR bond project on the
13		local, regional, and State economies. In addition to the
14		economic impact study, the political subdivision must also
15		submit to the Department, as part of its application, the
16		financial and other information that substantiates the basis
17		for the conclusion of the economic impact study, in the form
18		and manner as required by the Department, so that the
19		Department can verify the results of the study. In addition to
20		any other criteria in this subsection, to approve the STAR
21		bond project plan, the Director must be satisfied that the
22		proposed destination user is in fact a true destination user
23		and also find that the STAR bond project plan is in accordance
24		with the purpose of this Act and the public interest. The
25		Director shall either approve or deny the STAR bond project
26		plan based on the criteria in this subsection. In granting its

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1		approval, the Department may require the political subdivision
2		to execute a binding agreement or memorandum of understanding
3		with the State. The terms of the agreement or memorandum may
4		include, among other things, the political subdivision's
5		repayment of the State sales tax increment distributed to it
6		should any violation of the agreement or memorandum or this
7		Act occur.
8		(e) Upon a finding by the planning and zoning commission
9		of the political subdivision that the STAR bond project plan
10		is consistent with the intent of the comprehensive plan for
11		the development of the political subdivision and upon issuance
12		of written approval of the STAR bond project plan from the
13		Director pursuant to subsection (d) of Section 20, the
14		governing body of the political subdivision shall adopt a
15		resolution stating that the political subdivision is
16		considering the adoption of the STAR bond project plan. The
17		resolution shall:
18		(1) give notice that a public hearing will be held to
19		consider the adoption of the STAR bond project plan and
20		fix the date, hour, and place of the public hearing;
21		(2) describe the general boundaries of the STAR bond
22		district within which the STAR bond project will be
23		located and the date of establishment of the STAR bond
24		district;
25		(3) describe the general boundaries of the area
26		proposed to be included within the STAR bond project area;

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1		(4) provide that the STAR bond project plan and map of
2		the area to be redeveloped or developed are available for
3		inspection during regular office hours in the offices of
4		the political subdivision; and
5		(5) contain a summary of the terms and conditions of
6		any proposed project development agreement with the
7		political subdivision.
8		(f) A public hearing shall be conducted to consider the
9		adoption of any STAR bond project plan.
10		(1) The date fixed for the public hearing to consider
11		the adoption of the STAR bond project plan shall be not
12		less than 20 nor more than 90 days following the date of
13		the adoption of the resolution fixing the date of the
14		hearing.
15		(2) A copy of the political subdivision's resolution
16		providing for the public hearing shall be sent by
17		certified mail, return receipt requested, to the governing
18		body of the county. A copy of the political subdivision's
19		resolution providing for the public hearing shall be sent
20		by certified mail, return receipt requested, to each
21		person or persons in whose name the general taxes for the
22		last preceding year were paid on each parcel of land lying
23		within the proposed STAR bond project area within 10 days
24		following the date of the adoption of the resolution. The
25		resolution shall be published once in a newspaper of
26		general circulation in the political subdivision not less

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1		than one week nor more than 3 weeks preceding the date
2		fixed for the public hearing. A map or aerial photo
3		clearly delineating the area of land proposed to be
4		included within the STAR bond project area shall be
5		published with the resolution.
6		(3) The hearing shall be held at a location that is
7		within 20 miles of the STAR bond district, in a facility
8		that can accommodate a large crowd, and in a facility that
9		is accessible to persons with disabilities.
10		(4) At the public hearing, a representative of the
11		political subdivision or master developer shall present
12		the STAR bond project plan. Following the presentation of
13		the STAR bond project plan, all interested persons shall
14		be given an opportunity to be heard. The governing body
15		may continue the date and time of the public hearing.
16		(g) Upon conclusion of the public hearing, the governing
17		body of the political subdivision may adopt the STAR bond
18		project plan by a resolution approving the STAR bond project
19		plan.
20		(h) After the adoption by the corporate authorities of the
21		political subdivision of a STAR bond project plan, the
22		political subdivision may enter into a project development
23		agreement if the master developer has requested the political
24		subdivision to be a party to the project development agreement
25		pursuant to subsection (b) of Section 25.
26		(i) Within 30 days after the adoption by the political

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1		subdivision of a STAR bond project plan, the clerk of the
2		political subdivision shall transmit a copy of the legal
3		description of the land and a list of all new and existing
4		mailing addresses within the STAR bond district, a copy of the
5		resolution adopting the STAR bond project plan, and a map or
6		plat indicating the boundaries of the STAR bond project area
7		to the clerk, treasurer, and governing body of the county and
8		to the Department of Revenue. Within 30 days of creation of any
9		new mailing addresses within a STAR bond district, the clerk
10		of the political subdivision shall provide written notice of
11		such new addresses to the Department of Revenue.
12		If a certified copy of the resolution adopting the STAR
13		bond project plan is filed with the Department on or before the
14		first day of April, the Department, if all other requirements
15		of this subsection are met, shall proceed to collect and
16		allocate any local sales tax increment and any State sales tax
17		increment in accordance with the provisions of this Act as of
18		the first day of July next following the adoption and filing.
19		If a certified copy of the resolution adopting the STAR bond
20		project plan is filed with the Department after April 1 but on
21		or before the first day of October, the Department, if all
22		other requirements of this subsection are met, shall proceed
23		to collect and allocate any local sales tax increment and any
24		State sales tax increment in accordance with the provisions of
25		this Act as of the first day of January next following the
26		adoption and filing.

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1		Any substantial changes to a STAR bond project plan as
2		adopted shall be subject to a public hearing following
3		publication of notice thereof in a newspaper of general
4		circulation in the political subdivision and approval by
5		resolution of the governing body of the political subdivision.
6		The Department of Revenue shall not collect or allocate
7		any local sales tax increment or State sales tax increment
8		until the political subdivision also provides, in the manner
9		prescribed by the Department, the boundaries of the STAR bond
10		project area and each address in the STAR bond project area in
11		such a way that the Department can determine by its address
12		whether a business is located in the STAR bond project area.
13		The political subdivision must provide this boundary and
14		address information to the Department on or before April 1 for
15		administration and enforcement under this Act by the
16		Department beginning on the following July 1 and on or before
17		October 1 for administration and enforcement under this Act by
18		the Department beginning on the following January 1. The
19		Department of Revenue shall not administer or enforce any
20		change made to the boundaries of a STAR bond project or any
21		address change, addition, or deletion until the political
22		subdivision reports the boundary change or address change,
23		addition, or deletion to the Department in the manner
24		prescribed by the Department. The political subdivision must
25		provide this boundary change or address change, addition, or
26		deletion information to the Department on or before April 1

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1		for administration and enforcement by the Department of the
2		change, addition, or deletion beginning on the following July
3		1 and on or before October 1 for administration and
4		enforcement by the Department of the change, addition, or
5		deletion beginning on the following January 1. If a retailer
6		is incorrectly included or excluded from the list of those
7		located in the STAR bond project, the Department of Revenue
8		shall be held harmless if it reasonably relied on information
9		provided by the political subdivision.
10		(j) Any STAR bond project must be approved by the
11		political subdivision prior to that date which is 23 years
12		from the date of the approval of the STAR bond district,
13		provided however that any amendments to such STAR bond project
14		may occur following such date.
15		(k) Any developer of a STAR bond project shall commence
16		work on the STAR bond project within 3 years from the date of
17		adoption of the STAR bond project plan. If the developer fails
18		to commence work on the STAR bond project within the 3-year
19		period, funding for the project shall cease and the developer
20		of the project or complex shall have one year to appeal to the
21		political subdivision for reapproval of the project and
22		funding. If the project is reapproved, the 3-year period for
23		commencement shall begin again on the date of the reapproval.
24		(l) After the adoption by the corporate authorities of the
25		political subdivision of a STAR bond project plan and approval
26		of the Director pursuant to subsection (d) of Section 20, the

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1		political subdivision may authorize the issuance of the STAR
2		bonds in one or more series to finance the STAR bond project in
3		accordance with the provisions of this Act.
4		(m) The maximum maturity of STAR bonds issued to finance a
5		STAR bond project shall not exceed 23 years from the first date
6		of distribution of State sales tax revenues from such STAR
7		bond project to the political subdivision unless the political
8		subdivision extends such maturity by resolution up to a
9		maximum of 35 years from such first distribution date. Any
10		such extension shall require the approval of the Director. In
11		no event shall the maximum maturity date for any STAR bonds
12		exceed that date which is 35 years from the first distribution
13		date of the first STAR bonds issued in a STAR bond district.
14		(Source: P.A. 96-939, eff. 6-24-10.)
15		(50 ILCS 470/30)
16		Sec. 30. STAR bonds; source of payment. Any political
17		subdivision shall have the power to issue STAR bonds in one or
18		more series to finance the undertaking of any STAR bond
19		project in accordance with the provisions of this Act and the
20		Omnibus Bond Acts. STAR bonds may be issued as revenue bonds,
21		alternate bonds, or general obligation bonds as defined in and
22		subject to the procedures provided in the Local Government
23		Debt Reform Act.
24		(a) STAR bonds may be made payable, both as to principal
25		and interest, from the following revenues, which to the extent

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1		pledged by each respective political subdivision or other
2		public entity for such purpose shall constitute pledged STAR
3		revenues:
4		(1) revenues of the political subdivision derived from
5		or held in connection with the undertaking and carrying
6		out of any STAR bond project or projects under this Act;
7		(2) available private funds and contributions, grants,
8		tax credits, or other financial assistance from the State
9		or federal government;
10		(3) STAR bond occupation taxes created pursuant to
11		Section 31 and designated as pledged STAR revenues by the
12		political subdivision;
13		(4) all of the local sales tax increment of a
14		municipality, county, or other unit of local government;
15		(5) any special service area taxes collected within
16		the STAR bond district under the Special Service Area Tax
17		Act, may be used for the purposes of funding project costs
18		or paying debt service on STAR bonds in addition to the
19		purposes contained in the special service area plan;
20		(6) all of the State sales tax increment;
21		(7) any other revenues appropriated by the political
22		subdivision; and
23		(8) any combination of these methods.
24		(b) The political subdivision may pledge the pledged STAR
25		revenues to the repayment of STAR bonds prior to,
26		simultaneously with, or subsequent to the issuance of the STAR

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1		bonds.
2		(c) Bonds issued as revenue bonds shall not be general
3		obligations of the political subdivision, nor in any event
4		shall they give rise to a charge against its general credit or
5		taxing powers, or be payable out of any funds or properties
6		other than those set forth in subsection (a) and the bonds
7		shall so state on their face.
8		(d) For each STAR bond project financed with STAR bonds
9		payable from the pledged STAR revenues, the political
10		subdivision shall prepare and submit to the Department of
11		Revenue by June 1 of each year a report describing the status
12		of the STAR bond project, any expenditures of the proceeds of
13		STAR bonds that have occurred for the preceding calendar year,
14		and any expenditures of the proceeds of the bonds expected to
15		occur in the future, including the amount of pledged STAR
16		revenue, the amount of revenue that has been spent, the
17		projected amount of the revenue, and the anticipated use of
18		the revenue. Each annual report shall be accompanied by an
19		affidavit of the master developer certifying the contents of
20		the report as true to the best of the master developer's
21		knowledge. The Department of Revenue shall have the right, but
22		not the obligation, to request the Illinois Auditor General to
23		review the annual report and the political subdivision's
24		records containing the source information for the report for
25		the purpose of verifying the report's contents. If the
26		Illinois Auditor General declines the request for review, the

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1		Department of Revenue shall have the right to select an
2		independent third-party auditor to conduct an audit of the
3		annual report and the political subdivision's records
4		containing the source information for the report. The
5		reasonable cost of the audit shall be paid by the master
6		developer. The master development agreement shall grant the
7		Department of Revenue and the Illinois Auditor General the
8		right to review the records of the political subdivision
9		containing the source information for the report.
10		(e) There is created in the State treasury a special fund
11		to be known as the STAR Bonds Revenue Fund. As soon as possible
12		after the first day of each month, beginning January 1, 2011,
13		upon certification of the Department of Revenue, the
14		Comptroller shall order transferred, and the Treasurer shall
15		transfer, from the General Revenue Fund to the STAR Bonds
16		Revenue Fund the State sales tax increment for the second
17		preceding month, less 3% of that amount, which shall be
18		transferred into the Tax Compliance and Administration Fund
19		and shall be used by the Department, subject to appropriation,
20		to cover the costs of the Department in administering the
21		Innovation Development and Economy Act. As soon as possible
22		after the first day of each month, beginning January 1, 2011,
23		upon certification of the Department of Revenue, the
24		Comptroller shall order transferred, and the Treasurer shall
25		transfer, from the Local Government Tax Fund to the STAR Bonds
26		Revenue Fund the local sales tax increment for the second

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1		preceding month, as provided in Section 6z-18 of the State
2		Finance Act and from the County and Mass Transit District Fund
3		to the STAR Bonds Revenue Fund the local sales tax increment
4		for the second preceding month, as provided in Section 6z-20
5		of the State Finance Act.
6		On or before the 25th day of each calendar month,
7		beginning on January 1, 2011, the Department shall prepare and
8		certify to the Comptroller the disbursement of stated sums of
9		money out of the STAR Bonds Revenue Fund to named
10		municipalities and counties, the municipalities and counties
11		to be those entitled to distribution of taxes or penalties
12		paid to the Department during the second preceding calendar
13		month. The amount to be paid to each municipality or county
14		shall be the amount of the State sales tax increment and the
15		local sales tax increment (not including credit memoranda or
16		the amount transferred into the Tax Compliance and
17		Administration Fund) collected during the second preceding
18		calendar month by the Department from retailers and servicemen
19		on transactions at places of business located within a STAR
20		bond district in that municipality or county, plus an amount
21		the Department determines is necessary to offset any amounts
22		which were erroneously paid to a different taxing body, and
23		not including an amount equal to the amount of refunds made
24		during the second preceding calendar month by the Department,
25		and not including any amount which the Department determines
26		is necessary to offset any amounts which are payable to a

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1		different taxing body but were erroneously paid to the
2		municipality or county. Within 10 days after receipt, by the
3		Comptroller, of the disbursement certification to the
4		municipalities and counties, provided for in this Section to
5		be given to the Comptroller by the Department, the Comptroller
6		shall cause the orders to be drawn for the respective amounts
7		in accordance with the directions contained in such
8		certification.
9		When certifying the amount of monthly disbursement to a
10		municipality or county under this subsection, the Department
11		shall increase or decrease that amount by an amount necessary
12		to offset any misallocation of previous disbursements. The
13		offset amount shall be the amount erroneously disbursed within
14		the 6 months preceding the time a misallocation is discovered.
15		The corporate authorities of the political subdivision
16		shall deposit the proceeds for the STAR Bonds Revenue Fund
17		into a special fund of the political subdivision called the
18		"(Name of political subdivision) STAR Bond District Revenue
19		Fund" for the purpose of paying or reimbursing STAR bond
20		project costs and obligations incurred in the payment of those
21		costs.
22		If the political subdivision fails to issue STAR bonds
23		within 180 days after the first distribution to the political
24		subdivision from the STAR Bonds Revenue Fund, the Department
25		of Revenue shall cease distribution of the State sales tax
26		increment to the political subdivision, shall transfer any

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1		State sales tax increment in the STAR Bonds Revenue Fund to the
2		General Revenue Fund, and shall cease deposits of State sales
3		tax increment amounts into the STAR Bonds Revenue Fund. The
4		political subdivision shall repay all of the State sales tax
5		increment distributed to the political subdivision to date,
6		which amounts shall be deposited into the General Revenue
7		Fund. If not repaid within 90 days after notice from the State,
8		the Department of Revenue shall withhold distributions to the
9		political subdivision from the Local Government Tax Fund until
10		the excess amount is repaid, which withheld amounts shall be
11		transferred to the General Revenue Fund. At such time as the
12		political subdivision notifies the Department of Revenue in
13		writing that it has issued STAR Bonds in accordance with this
14		Act and provides the Department with a copy of the political
15		subdivision's official statement, bond purchase agreements,
16		indenture, or other evidence of bond sale, the Department of
17		Revenue shall resume deposits of the State sales tax increment
18		into the STAR Bonds Revenue Fund and distribution of the State
19		sales tax increment to the political subdivision in accordance
20		with this Section.
21		(f) As of the seventh anniversary of the first date of
22		distribution of State sales tax revenues from the first STAR
23		bond project in the STAR bond district, and as of every fifth
24		anniversary thereafter until final maturity of all STAR bonds
25		issued in a STAR bond district, the portion of the aggregate
26		proceeds of STAR bonds issued to date that is derived from the

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1		State sales tax increment pledged to pay STAR bonds in any STAR
2		bond district shall not exceed 50% of the total development
3		costs in the STAR bond district to date. The Illinois Auditor
4		General shall make the foregoing determination on said seventh
5		anniversary and every 5 years thereafter until final maturity
6		of all STAR bonds issued in a STAR bond district. If at any
7		time after the seventh anniversary of the first date of
8		distribution of State sales tax revenues from the first STAR
9		bond project in the STAR bond district the Illinois Auditor
10		General determines that the portion of the aggregate proceeds
11		of STAR bonds issued to date that is derived from the State
12		sales tax increment pledged to pay STAR bonds in any STAR bond
13		district has exceeded 50% of the total development costs in
14		the STAR bond district, no additional STAR bonds may be issued
15		in the STAR bond district until the percentage is reduced to
16		50% or below. When the percentage has been reduced to 50% or
17		below, the master developer shall have the right, at its own
18		cost, to obtain a new audit prepared by an independent
19		third-party auditor verifying compliance and shall provide
20		such audit to the Illinois Auditor General for review and
21		approval. Upon the Illinois Auditor General's determination
22		from the audit that the percentage has been reduced to 50% or
23		below, STAR bonds may again be issued in the STAR bond
24		district.
25		(g) Notwithstanding the provisions of the Tax Increment
26		Allocation Redevelopment Act, if any portion of property taxes

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1		attributable to the increase in equalized assessed value
2		within a STAR bond district are, at the time of formation of
3		the STAR bond district, already subject to tax increment
4		financing under the Tax Increment Allocation Redevelopment
5		Act, then the tax increment for such portion shall be frozen at
6		the base year established in accordance with this Act, and all
7		future incremental increases over the base year shall not be
8		subject to tax increment financing under the Tax Increment
9		Allocation Redevelopment Act. Any party otherwise entitled to
10		receipt of incremental tax revenues through an existing tax
11		increment financing district shall be entitled to continue to
12		receive such revenues up to the amount frozen in the base year.
13		Nothing in this Act shall affect the prior qualification of
14		existing redevelopment project costs incurred that are
15		eligible for reimbursement under the Tax Increment Allocation
16		Redevelopment Act. In such event, prior to approving a STAR
17		bond district, the political subdivision forming the STAR bond
18		district shall take such action as is necessary, including
19		amending the existing tax increment financing district
20		redevelopment plan, to carry out the provisions of this Act.
21		(Source: P.A. 96-939, eff. 6-24-10.)
22		(50 ILCS 470/50)
23		Sec. 50. Reporting taxes. Notwithstanding any other
24		provisions of law to the contrary, the Department of Revenue
25		shall provide a certified report of the State sales tax

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1		increment and local sales tax increment from all taxpayers
2		within a STAR bond district to the bond trustee, escrow agent,
3		or paying agent for such bonds upon the written request of the
4		political subdivision on or before the 25th day of each month.
5		Such report shall provide a detailed allocation of State sales
6		tax increment and local sales tax increment from each local
7		sales tax and State sales tax reported to the Department of
8		Revenue.
9		(a) The bond trustee, escrow agent, or paying agent shall
10		keep such sales and use tax reports and the information
11		contained therein confidential, but may use such information
12		for purposes of allocating and depositing the sales and use
13		tax revenues in connection with the bonds used to finance
14		project costs in such STAR bond district. Except as otherwise
15		provided herein, the sales and use tax reports received by the
16		bond trustee, escrow agent, or paying agent shall be subject
17		to the provisions of Chapter 35 of the Illinois Compiled
18		Statutes, including Section 3 of the Retailers' Occupation Tax
19		Act and Section 9 of the Use Tax Act.
20		(b) The political subdivision shall determine when the
21		amount of sales tax and other revenues that have been
22		collected and distributed to the bond debt service or reserve
23		fund is sufficient to satisfy all principal and interest costs
24		to the maturity date or dates of any STAR bond issued by a
25		political subdivision to finance a STAR bond project and shall
26		give the Department of Revenue written notice of such

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1		determination. The notice shall include a date certain on
2		which deposits into the STAR Bonds Revenue Fund for that STAR
3		bond project shall terminate and shall be provided to the
4		Department of Revenue at least 60 days prior to that date.
5		Thereafter, all sales tax and other revenues shall be
6		collected and distributed in accordance with applicable law.
7		If the political subdivision fails to give timely notice
8		under this subsection (b), the Department of Revenue, upon
9		discovery of this failure, shall cease distribution of the
10		State sales tax increment to the political subdivision, shall
11		transfer any State sales tax increment in the STAR Bonds
12		Revenue Fund to the General Revenue Fund, and shall cease
13		deposits of State sales tax increment amounts into the STAR
14		Bonds Revenue Fund. Any amount of State sales tax increment
15		distributed to the political subdivision from the STAR Bonds
16		Revenue Fund in excess of the amount sufficient to satisfy all
17		principal and interest costs to the maturity date or dates of
18		any STAR bond issued by the political subdivision to finance a
19		STAR bond project shall be repaid to the Department of Revenue
20		and deposited into the General Revenue Fund. If not repaid
21		within 90 days after notice from the State, the Department of
22		Revenue shall withhold distributions to the political
23		subdivision from the Local Government Tax Fund until the
24		excess amount is repaid, which withheld amounts shall be
25		transferred to the General Revenue Fund.
26		(Source: P.A. 96-939, eff. 6-24-10.)

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1		Section 5-90. The Illinois Police Training Act is amended
2		by changing Section 6 as follows:
3		(50 ILCS 705/6) (from Ch. 85, par. 506)
4		Sec. 6. Powers and duties of the Board; selection and
5		certification of schools. The Board shall select and certify
6		schools within the State of Illinois for the purpose of
7		providing basic training for probationary law enforcement
8		officers, probationary county corrections officers, and court
9		security officers and of providing advanced or in-service
10		training for permanent law enforcement officers or permanent
11		county corrections officers, which schools may be either
12		publicly or privately owned and operated. In addition, the
13		Board has the following power and duties:
14		a. To require law enforcement agencies to furnish such
15		reports and information as the Board deems necessary to
16		fully implement this Act.
17		b. To establish appropriate mandatory minimum
18		standards relating to the training of probationary local
19		law enforcement officers or probationary county
20		corrections officers, and in-service training of permanent
21		law enforcement officers.
22		c. To provide appropriate certification to those
23		probationary officers who successfully complete the
24		prescribed minimum standard basic training course.

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1		d. To review and approve annual training curriculum
2		for county sheriffs.
3		e. To review and approve applicants to ensure that no
4		applicant is admitted to a certified academy unless the
5		applicant is a person of good character and has not been
6		convicted of, found guilty of, entered a plea of guilty
7		to, or entered a plea of nolo contendere to a felony
8		offense, any of the misdemeanors in Sections 11-1.50,
9		11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1,
10		11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2,
11		26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
12		violation of any Section of Part E of Title III of the
13		Criminal Code of 1961 or the Criminal Code of 2012, or
14		subsection (a) of Section 17-32 of the Criminal Code of
15		1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
16		the Cannabis Control Act, or a crime involving moral
17		turpitude under the laws of this State or any other state
18		which if committed in this State would be punishable as a
19		felony or a crime of moral turpitude, or any felony or
20		misdemeanor in violation of federal law or the law of any
21		state that is the equivalent of any of the offenses
22		specified therein. The Board may appoint investigators who
23		shall enforce the duties conferred upon the Board by this
24		Act.
25		For purposes of this paragraph e, a person is
26		considered to have been convicted of, found guilty of, or

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1		entered a plea of guilty to, plea of nolo contendere to
2		regardless of whether the adjudication of guilt or
3		sentence is withheld or not entered thereon. This includes
4		sentences of supervision, conditional discharge, or first
5		offender probation, or any similar disposition provided
6		for by law.
7		f. To establish statewide standards for minimum
8		standards regarding regular mental health screenings for
9		probationary and permanent police officers, ensuring that
10		counseling sessions and screenings remain confidential.
11		g. To review and ensure all law enforcement officers
12		remain in compliance with this Act, and any administrative
13		rules adopted under this Act.
14		h. To suspend any certificate for a definite period,
15		limit or restrict any certificate, or revoke any
16		certificate.
17		i. The Board and the Panel shall have power to secure
18		by its subpoena and bring before it any person or entity in
19		this State and to take testimony either orally or by
20		deposition or both with the same fees and mileage and in
21		the same manner as prescribed by law in judicial
22		proceedings in civil cases in circuit courts of this
23		State. The Board and the Panel shall also have the power to
24		subpoena the production of documents, papers, files,
25		books, documents, and records, whether in physical or
26		electronic form, in support of the charges and for

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1		defense, and in connection with a hearing or
2		investigation.
3		j. The Executive Director, the administrative law
4		judge designated by the Executive Director, and each
5		member of the Board and the Panel shall have the power to
6		administer oaths to witnesses at any hearing that the
7		Board is authorized to conduct under this Act and any
8		other oaths required or authorized to be administered by
9		the Board under this Act.
10		k. In case of the neglect or refusal of any person to
11		obey a subpoena issued by the Board and the Panel, any
12		circuit court, upon application of the Board and the
13		Panel, through the Illinois Attorney General, may order
14		such person to appear before the Board and the Panel give
15		testimony or produce evidence, and any failure to obey
16		such order is punishable by the court as a contempt
17		thereof. This order may be served by personal delivery, by
18		email, or by mail to the address of record or email address
19		of record.
20		l. The Board shall have the power to administer state
21		certification examinations. Any and all records related to
22		these examinations, including, but not limited to, test
23		questions, test formats, digital files, answer responses,
24		answer keys, and scoring information shall be exempt from
25		disclosure.
26		m. To make grants, subject to appropriation, to units

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1		of local government and public institutions of higher
2		education for the purposes of hiring and retaining law
3		enforcement officers.
4		n. To make grants, subject to appropriation, to local
5		law enforcement agencies for costs associated with the
6		expansion and support of National Integrated Ballistic
7		Information Network (NIBIN) and other ballistic technology
8		equipment for ballistic testing.
9		(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
10		Section 10-143, eff. 7-1-21; 101-652, Article 25, Section
11		25-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff.
12		1-7-22; 102-1115, eff. 1-9-23.)
13		Section 5-92. The Metropolitan Pier and Exposition
14		Authority Act is amended by changing Section 5 as follows:
15		(70 ILCS 210/5) (from Ch. 85, par. 1225)
16		Sec. 5. The Metropolitan Pier and Exposition Authority
17		shall also have the following rights and powers:
18		(a) To accept from Chicago Park Fair, a corporation,
19		an assignment of whatever sums of money it may have
20		received from the Fair and Exposition Fund, allocated by
21		the Department of Agriculture of the State of Illinois,
22		and Chicago Park Fair is hereby authorized to assign, set
23		over and transfer any of those funds to the Metropolitan
24		Pier and Exposition Authority. The Authority has the right

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1		and power hereafter to receive sums as may be distributed
2		to it by the Department of Agriculture of the State of
3		Illinois from the Fair and Exposition Fund pursuant to the
4		provisions of Sections 5, 6i, and 28 of the State Finance
5		Act. All sums received by the Authority shall be held in
6		the sole custody of the secretary-treasurer of the
7		Metropolitan Pier and Exposition Board.
8		(b) To accept the assignment of, assume and execute
9		any contracts heretofore entered into by Chicago Park
10		Fair.
11		(c) To acquire, own, construct, equip, lease, operate
12		and maintain grounds, buildings and facilities to carry
13		out its corporate purposes and duties, and to carry out or
14		otherwise provide for the recreational, cultural,
15		commercial or residential development of Navy Pier, and to
16		fix and collect just, reasonable and nondiscriminatory
17		charges for the use thereof. The charges so collected
18		shall be made available to defray the reasonable expenses
19		of the Authority and to pay the principal of and the
20		interest upon any revenue bonds issued by the Authority.
21		The Authority shall be subject to and comply with the Lake
22		Michigan and Chicago Lakefront Protection Ordinance, the
23		Chicago Building Code, the Chicago Zoning Ordinance, and
24		all ordinances and regulations of the City of Chicago
25		contained in the following Titles of the Municipal Code of
26		Chicago: Businesses, Occupations and Consumer Protection;

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1		Health and Safety; Fire Prevention; Public Peace, Morals
2		and Welfare; Utilities and Environmental Protection;
3		Streets, Public Ways, Parks, Airports and Harbors;
4		Electrical Equipment and Installation; Housing and
5		Economic Development (only Chapter 5-4 thereof); and
6		Revenue and Finance (only so far as such Title pertains to
7		the Authority's duty to collect taxes on behalf of the
8		City of Chicago).
9		(d) To enter into contracts treating in any manner
10		with the objects and purposes of this Act.
11		(e) To lease any buildings to the Adjutant General of
12		the State of Illinois for the use of the Illinois National
13		Guard or the Illinois Naval Militia.
14		(f) To exercise the right of eminent domain by
15		condemnation proceedings in the manner provided by the
16		Eminent Domain Act, including, with respect to Site B
17		only, the authority to exercise quick take condemnation by
18		immediate vesting of title under Article 20 of the Eminent
19		Domain Act, to acquire any privately owned real or
20		personal property and, with respect to Site B only, public
21		property used for rail transportation purposes (but no
22		such taking of such public property shall, in the
23		reasonable judgment of the owner, interfere with such rail
24		transportation) for the lawful purposes of the Authority
25		in Site A, at Navy Pier, and at Site B. Just compensation
26		for property taken or acquired under this paragraph shall

HB3817 Enrolled - 251 - LRB103 30519 DTM 56952 b
1		be paid in money or, notwithstanding any other provision
2		of this Act and with the agreement of the owner of the
3		property to be taken or acquired, the Authority may convey
4		substitute property or interests in property or enter into
5		agreements with the property owner, including leases,
6		licenses, or concessions, with respect to any property
7		owned by the Authority, or may provide for other lawful
8		forms of just compensation to the owner. Any property
9		acquired in condemnation proceedings shall be used only as
10		provided in this Act. Except as otherwise provided by law,
11		the City of Chicago shall have a right of first refusal
12		prior to any sale of any such property by the Authority to
13		a third party other than substitute property. The
14		Authority shall develop and implement a relocation plan
15		for businesses displaced as a result of the Authority's
16		acquisition of property. The relocation plan shall be
17		substantially similar to provisions of the Uniform
18		Relocation Assistance and Real Property Acquisition Act
19		and regulations promulgated under that Act relating to
20		assistance to displaced businesses. To implement the
21		relocation plan the Authority may acquire property by
22		purchase or gift or may exercise the powers authorized in
23		this subsection (f), except the immediate vesting of title
24		under Article 20 of the Eminent Domain Act, to acquire
25		substitute private property within one mile of Site B for
26		the benefit of displaced businesses located on property

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1		being acquired by the Authority. However, no such
2		substitute property may be acquired by the Authority
3		unless the mayor of the municipality in which the property
4		is located certifies in writing that the acquisition is
5		consistent with the municipality's land use and economic
6		development policies and goals. The acquisition of
7		substitute property is declared to be for public use. In
8		exercising the powers authorized in this subsection (f),
9		the Authority shall use its best efforts to relocate
10		businesses within the area of McCormick Place or, failing
11		that, within the City of Chicago.
12		(g) To enter into contracts relating to construction
13		projects which provide for the delivery by the contractor
14		of a completed project, structure, improvement, or
15		specific portion thereof, for a fixed maximum price, which
16		contract may provide that the delivery of the project,
17		structure, improvement, or specific portion thereof, for
18		the fixed maximum price is insured or guaranteed by a
19		third party capable of completing the construction.
20		(h) To enter into agreements with any person with
21		respect to the use and occupancy of the grounds,
22		buildings, and facilities of the Authority, including
23		concession, license, and lease agreements on terms and
24		conditions as the Authority determines. Notwithstanding
25		Section 24, agreements with respect to the use and
26		occupancy of the grounds, buildings, and facilities of the

HB3817 Enrolled - 253 - LRB103 30519 DTM 56952 b
1		Authority for a term of more than one year shall be entered
2		into in accordance with the procurement process provided
3		for in Section 25.1.
4		(i) To enter into agreements with any person with
5		respect to the operation and management of the grounds,
6		buildings, and facilities of the Authority or the
7		provision of goods and services on terms and conditions as
8		the Authority determines.
9		(j) After conducting the procurement process provided
10		for in Section 25.1, to enter into one or more contracts to
11		provide for the design and construction of all or part of
12		the Authority's Expansion Project grounds, buildings, and
13		facilities. Any contract for design and construction of
14		the Expansion Project shall be in the form authorized by
15		subsection (g), shall be for a fixed maximum price not in
16		excess of the funds that are authorized to be made
17		available for those purposes during the term of the
18		contract, and shall be entered into before commencement of
19		construction.
20		(k) To enter into agreements, including project
21		agreements with labor unions, that the Authority deems
22		necessary to complete the Expansion Project or any other
23		construction or improvement project in the most timely and
24		efficient manner and without strikes, picketing, or other
25		actions that might cause disruption or delay and thereby
26		add to the cost of the project.

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1		(l) To provide incentives to organizations and
2		entities that agree to make use of the grounds, buildings,
3		and facilities of the Authority for conventions, meetings,
4		or trade shows. The incentives may take the form of
5		discounts from regular fees charged by the Authority,
6		subsidies for or assumption of the costs incurred with
7		respect to the convention, meeting, or trade show, or
8		other inducements. The Authority shall award incentives to
9		attract or retain conventions, meetings, and trade shows
10		under the terms set forth in this subsection (l) from
11		amounts appropriated to the Authority from the
12		Metropolitan Pier and Exposition Authority Incentive Fund
13		for this purpose.
14		No later than May 15 of each year, the Chief Executive
15		Officer of the Metropolitan Pier and Exposition Authority
16		shall certify to the State Comptroller and the State
17		Treasurer the amounts of incentive grant funds used,
18		including incentive grant funds used for future events
19		under the provisions of this Section, during the current
20		fiscal year to provide incentives for conventions,
21		meetings, or trade shows that:
22		(i) have been approved by the Authority, in
23		consultation with an organization meeting the
24		qualifications set out in Section 5.6 of this Act,
25		provided the Authority has entered into a marketing
26		agreement with such an organization,

HB3817 Enrolled - 255 - LRB103 30519 DTM 56952 b
1		(ii)(A) for fiscal years prior to 2022 and after
2		2024, demonstrate registered attendance (or projected
3		attendance for future events) in excess of 5,000
4		individuals or in excess of 10,000 individuals, as
5		appropriate;
6		(B) for fiscal years 2022 through 2024,
7		demonstrate registered attendance (or projected
8		attendance for future events) in excess of 3,000
9		individuals or in excess of 5,000 individuals, as
10		appropriate; or
11		(C) for fiscal years 2022 and 2023, regardless of
12		registered attendance, demonstrate incurrence of costs
13		associated with mitigation of COVID-19, including, but
14		not limited to, costs for testing and screening,
15		contact tracing and notification, personal protective
16		equipment, and other physical and organizational
17		costs, and
18		(iii) in the case of subparagraphs (A) and (B) of
19		paragraph (ii), but for the incentive, would not have
20		used (or, in the case of a future event, committed to
21		use) the facilities of the Authority for the
22		convention, meeting, or trade show. The State
23		Comptroller may request that the Auditor General
24		conduct an audit of the accuracy of the certification.
25		If the State Comptroller determines by this process of
26		certification that incentive funds, in whole or in

HB3817 Enrolled - 256 - LRB103 30519 DTM 56952 b
1		part, were disbursed by the Authority by means other
2		than in accordance with the standards of this
3		subsection (l), then any amount transferred to the
4		Metropolitan Pier and Exposition Authority Incentive
5		Fund shall be reduced during the next subsequent
6		transfer in direct proportion to that amount
7		determined to be in violation of the terms set forth in
8		this subsection (l).
9		On July 15, 2012, the Comptroller shall order
10		transferred, and the Treasurer shall transfer, into the
11		Metropolitan Pier and Exposition Authority Incentive Fund
12		from the General Revenue Fund the sum of $7,500,000 plus
13		an amount equal to the incentive grant funds certified by
14		the Chief Executive Officer as having been lawfully paid
15		under the provisions of this Section in the previous 2
16		fiscal years that have not otherwise been transferred into
17		the Metropolitan Pier and Exposition Authority Incentive
18		Fund, provided that transfers in excess of $15,000,000
19		shall not be made in any fiscal year.
20		On July 15, 2013, the Comptroller shall order
21		transferred, and the Treasurer shall transfer, into the
22		Metropolitan Pier and Exposition Authority Incentive Fund
23		from the General Revenue Fund the sum of $7,500,000 plus
24		an amount equal to the incentive grant funds certified by
25		the Chief Executive Officer as having been lawfully paid
26		under the provisions of this Section in the previous

HB3817 Enrolled - 257 - LRB103 30519 DTM 56952 b
1		fiscal year that have not otherwise been transferred into
2		the Metropolitan Pier and Exposition Authority Incentive
3		Fund, provided that transfers in excess of $15,000,000
4		shall not be made in any fiscal year.
5		On July 15, 2014, and every year thereafter, the
6		Comptroller shall order transferred, and the Treasurer
7		shall transfer, into the Metropolitan Pier and Exposition
8		Authority Incentive Fund from the General Revenue Fund an
9		amount equal to the incentive grant funds certified by the
10		Chief Executive Officer as (i) having been lawfully paid
11		under the provisions of this Section in the previous
12		fiscal year or incurred by the Authority for a future
13		event under the provisions of this Section and (ii) that
14		have not otherwise having been been transferred into the
15		Metropolitan Pier and Exposition Authority Incentive Fund,
16		provided that (1) no transfers with respect to any
17		previous fiscal year shall be made after the transfer has
18		been made with respect to the 2017 fiscal year until the
19		transfer that is made for the 2022 fiscal year and
20		thereafter, and no transfers with respect to any previous
21		fiscal year shall be made after the transfer has been made
22		with respect to the 2026 fiscal year, and (2) transfers in
23		excess of $15,000,000 shall not be made in any fiscal
24		year.
25		After a transfer has been made under this subsection
26		(l), the Chief Executive Officer shall file a request for

HB3817 Enrolled - 258 - LRB103 30519 DTM 56952 b
1		payment with the Comptroller evidencing that the incentive
2		grants have been made and the Comptroller shall thereafter
3		order paid, and the Treasurer shall pay, the requested
4		amounts to the Metropolitan Pier and Exposition Authority.
5		Excluding any amounts related to the payment of costs
6		associated with the mitigation of COVID-19 in accordance
7		with this subsection (l), in no case shall more than
8		$5,000,000 be used in any one year by the Authority for
9		incentives granted to conventions, meetings, or trade
10		shows with a registered attendance (or projected
11		attendance for future events) of (1) more than 5,000 and
12		less than 10,000 prior to the 2022 fiscal year and after
13		the 2024 fiscal year and (2) more than 3,000 and less than
14		5,000 for fiscal years 2022 through 2024. Amounts in the
15		Metropolitan Pier and Exposition Authority Incentive Fund
16		shall only be used by the Authority for incentives paid to
17		attract or retain conventions, meetings, and trade shows
18		as provided in this subsection (l).
19		"Future event" means a convention, meeting, or trade show
20		that executed an agreement during the fiscal year to use the
21		facilities of the Authority after fiscal year 2026; provided
22		that the agreement is entered into with the Authority or with
23		an organization that meets the qualifications set out in
24		Section 5.6 of this Act and that has entered into a marketing
25		agreement with the Authority.
26		(l-5) The Village of Rosemont shall provide incentives

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1		from amounts transferred into the Convention Center
2		Support Fund to retain and attract conventions, meetings,
3		or trade shows to the Donald E. Stephens Convention Center
4		under the terms set forth in this subsection (l-5).
5		No later than May 15 of each year, the Mayor of the
6		Village of Rosemont or his or her designee shall certify
7		to the State Comptroller and the State Treasurer the
8		amounts of incentive grant funds used during the previous
9		fiscal year to provide incentives for conventions,
10		meetings, or trade shows that (1) have been approved by
11		the Village, (2) demonstrate registered attendance in
12		excess of 5,000 individuals, and (3) but for the
13		incentive, would not have used the Donald E. Stephens
14		Convention Center facilities for the convention, meeting,
15		or trade show. The State Comptroller may request that the
16		Auditor General conduct an audit of the accuracy of the
17		certification.
18		If the State Comptroller determines by this process of
19		certification that incentive funds, in whole or in part,
20		were disbursed by the Village by means other than in
21		accordance with the standards of this subsection (l-5),
22		then the amount transferred to the Convention Center
23		Support Fund shall be reduced during the next subsequent
24		transfer in direct proportion to that amount determined to
25		be in violation of the terms set forth in this subsection
26		(l-5).

HB3817 Enrolled - 260 - LRB103 30519 DTM 56952 b
1		On July 15, 2012, and each year thereafter, the
2		Comptroller shall order transferred, and the Treasurer
3		shall transfer, into the Convention Center Support Fund
4		from the General Revenue Fund the amount of $5,000,000 for
5		(i) incentives to attract large conventions, meetings, and
6		trade shows to the Donald E. Stephens Convention Center,
7		and (ii) to be used by the Village of Rosemont for the
8		repair, maintenance, and improvement of the Donald E.
9		Stephens Convention Center and for debt service on debt
10		instruments issued for those purposes by the village. No
11		later than 30 days after the transfer, the Comptroller
12		shall order paid, and the Treasurer shall pay, to the
13		Village of Rosemont the amounts transferred.
14		(m) To enter into contracts with any person conveying
15		the naming rights or other intellectual property rights
16		with respect to the grounds, buildings, and facilities of
17		the Authority.
18		(n) To enter into grant agreements with the Chicago
19		Convention and Tourism Bureau providing for the marketing
20		of the convention facilities to large and small
21		conventions, meetings, and trade shows and the promotion
22		of the travel industry in the City of Chicago, provided
23		such agreements meet the requirements of Section 5.6 of
24		this Act. Receipts of the Authority from the increase in
25		the airport departure tax authorized in subsection (f) of
26		Section 13 of this Act by Public Act 96-898 and, subject to

HB3817 Enrolled - 261 - LRB103 30519 DTM 56952 b
1		appropriation to the Authority, funds deposited in the
2		Chicago Travel Industry Promotion Fund pursuant to Section
3		6 of the Hotel Operators' Occupation Tax Act shall be
4		granted to the Bureau for such purposes.
5		For Fiscal Year 2023 only, the Department of Commerce
6		and Economic Opportunity shall enter into the grant
7		agreements described in this subsection in place of the
8		Authority. The grant agreements entered into by the
9		Department and the Bureau under this subsection are not
10		subject to the matching funds requirements or the other
11		terms and conditions of Section 605-705 of the Department
12		of Commerce and Economic Opportunity Law of the Civil
13		Administrative Code of Illinois. Subject to appropriation,
14		funds transferred into the Chicago Travel Industry
15		Promotion Fund pursuant to subsection (f) of Section
16		6z-121 of the State Finance Act shall be granted to the
17		Bureau for the purposes described in this subsection. The
18		Department shall have authority to make expenditures from
19		the Chicago Travel Industry Promotion Fund solely for the
20		purpose of providing grants to the Bureau.
21		(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
22		Section 5-95. The School Code is amended by adding
23		Sections 2-3.196 and 2-3.197 and by changing Sections 2-3.186,
24		10-22.36, 18-8.15, and 27-23.1 as follows:

HB3817 Enrolled - 262 - LRB103 30519 DTM 56952 b
1		(105 ILCS 5/2-3.186)
2		Sec. 2-3.186. Freedom Schools; grant program.
3		(a) The General Assembly recognizes and values the
4		contributions that Freedom Schools make to enhance the lives
5		of Black students. The General Assembly makes all of the
6		following findings:
7		(1) The fundamental goal of the Freedom Schools of the
8		1960s was to provide quality education for all students,
9		to motivate active civic engagement, and to empower
10		disenfranchised communities. The renowned and progressive
11		curriculum of Freedom Schools allowed students of all ages
12		to experience a new and liberating form of education that
13		directly related to the imperatives of their lives, their
14		communities, and the Freedom Movement.
15		(2) Freedom Schools continue to demonstrate the proven
16		benefits of critical civic engagement and
17		intergenerational effects by providing historically
18		disadvantaged students, including African American
19		students and other students of color, with quality
20		instruction that fosters student confidence, critical
21		thinking, and social and emotional development.
22		(3) Freedom Schools offer culturally relevant learning
23		opportunities with the academic and social supports that
24		Black children need by utilizing quality teaching,
25		challenging and engaging curricula, wrap-around supports,
26		a positive school climate, and strong ties to family and

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1		community. Freedom Schools have a clear focus on results.
2		(4) Public schools serve a foundational role in the
3		education of over 2,000,000 students in this State.
4		(b) The State Board of Education shall establish a Freedom
5		School network to supplement the learning taking place in
6		public schools by awarding one or more grants as set forth in
7		subsection (e) to create Freedom Schools creating a 6-week
8		summer program with an organization with a mission to improve
9		the odds for children in poverty by that operates Freedom
10		Schools in multiple states using a research-based and
11		multicultural curriculum for disenfranchised communities most
12		affected by the opportunity gap and learning loss caused by
13		the pandemic, and by expanding the teaching of African
14		American history, developing leadership skills, and providing
15		an understanding of the tenets of the civil rights movement.
16		The teachers in Freedom Schools must be from the local
17		community, with an emphasis on historically disadvantaged
18		youth, including African American students and other students
19		of color, so that (i) these individuals have access to summer
20		jobs and teaching experiences that serve as a long-term
21		pipeline to educational careers and the hiring of minority
22		educators in public schools, (ii) these individuals are
23		elevated as content experts and community leaders, and (iii)
24		Freedom School students have access to both mentorship and
25		equitable educational resources.
26		(c) A Freedom School shall intentionally and imaginatively

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1		implement strategies that focus on all of the following:
2		(1) Racial justice and equity.
3		(2) Transparency and building trusting relationships.
4		(3) Self-determination and governance.
5		(4) Building on community strengths and community
6		wisdom.
7		(5) Utilizing current data, best practices, and
8		evidence.
9		(6) Shared leadership and collaboration.
10		(7) A reflective learning culture.
11		(8) A whole-child approach to education.
12		(9) Literacy.
13		(d) The State Board of Education, in the establishment of
14		Freedom Schools, shall strive for authentic parent and
15		community engagement during the development of Freedom Schools
16		and their curriculum. Authentic parent and community
17		engagement includes all of the following:
18		(1) A shared responsibility that values equal
19		partnerships between families and professionals.
20		(2) Ensuring that students and families who are
21		directly impacted by Freedom School policies and practices
22		are the decision-makers in the creation, design,
23		implementation, and assessment of those policies and
24		practices.
25		(3) Genuine respect for the culture and diversity of
26		families.

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1		(4) Relationships that center around the goal of
2		supporting family well-being and children's development
3		and learning.
4		(e) Subject to appropriation, the State Board of Education
5		shall establish and implement a grant program to provide
6		grants to public schools, public community colleges, and
7		not-for-profit, community-based organizations to facilitate
8		improved educational outcomes for historically disadvantaged
9		students, including African American students and other
10		students of color in grades pre-kindergarten through 12 in
11		alignment with the integrity and practices of the Freedom
12		School model established during the civil rights movement.
13		Grant recipients under the program may include, but are not
14		limited to, entities that work with the Children's Defense
15		Fund or offer established programs with proven results and
16		outcomes. The State Board of Education shall award grants to
17		eligible entities that demonstrate a likelihood of reasonable
18		success in achieving the goals identified in the grant
19		application, including, but not limited to, all of the
20		following:
21		(1) Engaging, culturally relevant, and challenging
22		curricula.
23		(2) High-quality teaching.
24		(3) Wrap-around supports and opportunities.
25		(4) Positive discipline practices, such as restorative
26		justice.

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1		(5) Inclusive leadership.
2		(f) The Freedom Schools Fund is created as a special fund
3		in the State treasury. The Fund shall consist of
4		appropriations from the General Revenue Fund, grant funds from
5		the federal government, and donations from educational and
6		private foundations. All money in the Fund shall be used,
7		subject to appropriation, by the State Board of Education for
8		the purposes of this Section and to support related
9		activities.
10		(g) The State Board of Education may adopt any rules
11		necessary to implement this Section.
12		(Source: P.A. 101-654, eff. 3-8-21; 102-209, eff. 11-30-21
13		(See Section 5 of P.A. 102-671 for effective date of P.A.
14		102-209).)
15		(105 ILCS 5/2-3.196 new)
16		Sec. 2-3.196. Teacher Vacancy Grant Pilot Program.
17		(a) Subject to appropriation, beginning in Fiscal Year
18		2024, the State Board of Education shall administer a 3-year
19		Teacher Vacancy Grant Pilot Program for the allocation of
20		formula grant funds to school districts to support the
21		reduction of unfilled teaching positions throughout the State.
22		The State Board shall identify which districts are eligible to
23		apply for a 3-year grant under this Section by reviewing the
24		State Board's Fiscal Year 2023 annual unfilled teaching
25		positions report to determine which districts designated as

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1		Tier 1, Tier 2, and Tier 3 under Section 18-8.15 have the
2		greatest need for funds. Based on the National Center for
3		Education Statistics locale classifications, 60% of eligible
4		districts shall be rural districts and 40% of eligible
5		districts shall be urban districts. Continued funding for the
6		grant in Fiscal Year 2025 and Fiscal Year 2026 is subject to
7		appropriation. The State Board shall post, on its website,
8		information about the grant program and the list of identified
9		districts that are eligible to apply for a grant under this
10		subsection.
11		(b) A school district that is determined to be eligible
12		for a grant under subsection (a) and that chooses to
13		participate in the program must submit an application to the
14		State Board that describes the relevant context for the need
15		for teacher vacancy support, suspected causes of teacher
16		vacancies in the district, and the district's plan in
17		utilizing grant funds to reduce unfilled teaching positions
18		throughout the district. If an eligible school district
19		chooses not to participate in the program, the State Board
20		shall identify a potential replacement district by using the
21		same methodology described in subsection (a).
22		(c) Grant funds awarded under this Section may be used for
23		financial incentives to support the recruitment and hiring of
24		teachers, programs and incentives to strengthen teacher
25		pipelines, or investments to sustain teachers and reduce
26		attrition among teachers. Grant funds shall be used only for

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1		the purposes outlined in the district's application to the
2		State Board to reduce unfilled teaching positions. Grant funds
3		shall not be used for any purposes not approved by the State
4		Board.
5		(d) A school district that receives grant funds under this
6		Section shall submit an annual report to the State Board that
7		includes, but is not limited to, a summary of all grant-funded
8		activities implemented to reduce unfilled teaching positions,
9		progress towards reducing unfilled teaching positions, the
10		number of unfilled teaching positions in the district in the
11		preceding fiscal year, the number of new teachers hired during
12		the program, the teacher attrition rate, the number of
13		individuals participating in any programs designed to reduce
14		attrition, the number of teachers retained using support of
15		the grant funds, participation in any strategic pathway
16		programs created under the program, and the number of and
17		participation in any new pathways into teaching positions
18		created under the program.
19		(e) No later than March 1, 2027, the State Board shall
20		submit a report to the Governor and the General Assembly on the
21		efficacy of the pilot program that includes a summary of the
22		information received under subsection (d) and an overview of
23		its activities to support grantees.
24		(105 ILCS 5/2-3.197 new)
25		Sec. 2-3.197. Imagination Library of Illinois; grant

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1		program. To promote the development of a comprehensive
2		statewide initiative for encouraging preschool age children to
3		develop a love of reading and learning, the State Board of
4		Education is authorized to develop, fund, support, promote,
5		and operate the Imagination Library of Illinois Program, which
6		is hereby established. For purposes of this Section, "State
7		program" means the Imagination Library of Illinois Program.
8		(a) State program funds shall be used to provide, through
9		Dolly Parton's Imagination Library, one age-appropriate book,
10		per month, to each registered child from birth to age 5 in
11		participating counties. Books shall be sent monthly to each
12		registered child's home at no cost to families. Subject to an
13		annual appropriation, the State Board of Education shall
14		contribute the State's matching funds per the cost-sharing
15		framework established by Dolly Parton's Imagination Library
16		for the State program. The State program shall contribute the
17		50% match of funds required of local programs participating in
18		Dolly Parton's Imagination Library. Local program partners
19		shall match the State program funds to provide the remaining
20		50% match of funds required by Dolly Parton's Imagination
21		Library.
22		(1) The Imagination Library of Illinois Fund is hereby
23		created as a special fund in the State Treasury. The State
24		Board of Education may accept gifts, grants, awards,
25		donations, matching contributions, appropriations,
26		interest income, public or private bequests, and cost

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1		sharings from any individuals, businesses, governments, or
2		other third-party sources, and any federal funds. All
3		moneys received under this Section shall be deposited into
4		the Imagination Library of Illinois Fund. Any moneys that
5		are unobligated or unexpended at the end of a fiscal year
6		shall remain in the Imagination Library of Illinois Fund,
7		shall not lapse into the General Revenue Fund, and shall
8		be available to the Board for expenditure in the next
9		fiscal year, subject to appropriation. Notwithstanding any
10		other law to the contrary, this Fund is not subject to
11		sweeps, administrative chargebacks, or any other fiscal or
12		budgetary maneuver that in any way would transfer any
13		amount from this Fund into any other fund of the State.
14		(2) Moneys received under this Section are subject to
15		appropriation by the General Assembly and may only be
16		expended for purposes consistent with the conditions under
17		which the moneys were received, including, but not limited
18		to, the following:
19		(i) Moneys in the Fund shall be used to provide
20		age-appropriate books on a monthly basis, at home, to
21		each child registered in the Imagination Library of
22		Illinois Program, from birth through their fifth
23		birthday, at no cost to families, through Dolly
24		Parton's Imagination Library.
25		(ii) Subject to availability, moneys in the Fund
26		shall be allocated to qualified local entities that

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1		provide a dollar-for-dollar match for the program. As
2		used in this Section, "qualified local entity" means
3		any existing or new local Dolly Parton's Imagination
4		Library affiliate.
5		(iii) Moneys in the Fund may be used by the State
6		Board of Education to pay for administrative expenses
7		of the State program, including associated operating
8		expenses of the State Board of Education or any
9		nonprofit entity that coordinates the State program
10		pursuant to subsection (b).
11		(b) The State Board of Education shall coordinate with a
12		nonprofit entity qualified under Section 501(c)(3) of the
13		Internal Revenue Code to operate the State program. That
14		organization must be organized solely to promote and encourage
15		reading by the children of the State, for the purpose of
16		implementing this Section.
17		(c) The State Board of Education shall provide oversight
18		of the nonprofit entity that operates the State program
19		pursuant to subsection (b) to ensure the nonprofit entity does
20		all of the following:
21		(1) Promotes the statewide development of local Dolly
22		Parton's Imagination Library programs.
23		(2) Advances and strengthens local Dolly Parton's
24		Imagination Library programs with the goal of increasing
25		enrollment.
26		(3) Develops community engagement.

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1		(4) Develops, promotes, and coordinates a public
2		awareness campaign to make donors aware of the opportunity
3		to donate to the affiliate programs and make the public
4		aware of the opportunity to register eligible children to
5		receive books through the program.
6		(5) Administers the local match requirement and
7		coordinates the collection and remittance of local program
8		costs for books and mailing.
9		(6) Develops statewide marketing and communication
10		plans.
11		(7) Solicits donations, gifts, and other funding from
12		statewide partners to financially support local Dolly
13		Parton's Imagination Library programs.
14		(8) Identifies and applies for available grant awards.
15		(d) The State Board of Education shall make publicly
16		available on an annual basis information regarding the number
17		of local programs that exist, where the local programs are
18		located, the number of children that are enrolled in the
19		program, the number of books that have been provided, and
20		those entities or organizations that serve as local partners.
21		(e) The State Board of Education may adopt rules as may be
22		needed for the administration of the Imagination Library of
23		Illinois Program.
24		(105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
25		Sec. 10-22.36. Buildings for school purposes.

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1		(a) To build or purchase a building for school classroom
2		or instructional purposes upon the approval of a majority of
3		the voters upon the proposition at a referendum held for such
4		purpose or in accordance with Section 17-2.11, 19-3.5, or
5		19-3.10. The board may initiate such referendum by resolution.
6		The board shall certify the resolution and proposition to the
7		proper election authority for submission in accordance with
8		the general election law.
9		The questions of building one or more new buildings for
10		school purposes or office facilities, and issuing bonds for
11		the purpose of borrowing money to purchase one or more
12		buildings or sites for such buildings or office sites, to
13		build one or more new buildings for school purposes or office
14		facilities or to make additions and improvements to existing
15		school buildings, may be combined into one or more
16		propositions on the ballot.
17		Before erecting, or purchasing or remodeling such a
18		building the board shall submit the plans and specifications
19		respecting heating, ventilating, lighting, seating, water
20		supply, toilets and safety against fire to the regional
21		superintendent of schools having supervision and control over
22		the district, for approval in accordance with Section 2-3.12.
23		Notwithstanding any of the foregoing, no referendum shall
24		be required if the purchase, construction, or building of any
25		such building (1) occurs while the building is being leased by
26		the school district or (2) is paid with (A) funds derived from

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1		the sale or disposition of other buildings, land, or
2		structures of the school district or (B) funds received (i) as
3		a grant under the School Construction Law or (ii) as gifts or
4		donations, provided that no funds to purchase, construct, or
5		build such building, other than lease payments, are derived
6		from the district's bonded indebtedness or the tax levy of the
7		district.
8		Notwithstanding any of the foregoing, no referendum shall
9		be required if the purchase, construction, or building of any
10		such building is paid with funds received from the County
11		School Facility and Resources Occupation Tax Law under Section
12		5-1006.7 of the Counties Code or from the proceeds of bonds or
13		other debt obligations secured by revenues obtained from that
14		Law.
15		Notwithstanding any of the foregoing, for Decatur School
16		District Number 61, no referendum shall be required if at
17		least 50% of the cost of the purchase, construction, or
18		building of any such building is paid, or will be paid, with
19		funds received or expected to be received as part of, or
20		otherwise derived from, any COVID-19 pandemic relief program
21		or funding source, including, but not limited to, Elementary
22		and Secondary School Emergency Relief Fund grant proceeds.
23		(b) Notwithstanding the provisions of subsection (a), for
24		any school district: (i) that is a tier 1 school, (ii) that has
25		a population of less than 50,000 inhabitants, (iii) whose
26		student population is between 5,800 and 6,300, (iv) in which

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1		57% to 62% of students are low-income, and (v) whose average
2		district spending is between $10,000 to $12,000 per pupil,
3		until July 1, 2025, no referendum shall be required if at least
4		50% of the cost of the purchase, construction, or building of
5		any such building is paid, or will be paid, with funds received
6		or expected to be received as part of, or otherwise derived
7		from, the federal Consolidated Appropriations Act and the
8		federal American Rescue Plan Act of 2021.
9		For this subsection (b), the school board must hold at
10		least 2 public hearings, the sole purpose of which shall be to
11		discuss the decision to construct a school building and to
12		receive input from the community. The notice of each public
13		hearing that sets forth the time, date, place, and name or
14		description of the school building that the school board is
15		considering constructing must be provided at least 10 days
16		prior to the hearing by publication on the school board's
17		Internet website.
18		(c) Notwithstanding the provisions of subsection (a) and
19		(b), for Cahokia Community Unit School District 187, no
20		referendum shall be required for the lease of any building for
21		school or educational purposes if the cost is paid or will be
22		paid with funds available at the time of the lease in the
23		district's existing fund balances to fund the lease of a
24		building during the 2023-2024 or 2024-2025 school year.
25		For the purposes of this subsection (c), the school board
26		must hold at least 2 public hearings, the sole purpose of which

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1		shall be to discuss the decision to lease a school building and
2		to receive input from the community. The notice of each public
3		hearing that sets forth the time, date, place, and name or
4		description of the school building that the school board is
5		considering leasing must be provided at least 10 days prior to
6		the hearing by publication on the school district's website.
7		(Source: P.A. 101-455, eff. 8-23-19; 102-16, eff. 6-17-21;
8		102-699, eff. 7-1-22.)
9		(105 ILCS 5/18-8.15)
10		Sec. 18-8.15. Evidence-Based Funding for student success
11		for the 2017-2018 and subsequent school years.
12		(a) General provisions.
13		(1) The purpose of this Section is to ensure that, by
14		June 30, 2027 and beyond, this State has a kindergarten
15		through grade 12 public education system with the capacity
16		to ensure the educational development of all persons to
17		the limits of their capacities in accordance with Section
18		1 of Article X of the Constitution of the State of
19		Illinois. To accomplish that objective, this Section
20		creates a method of funding public education that is
21		evidence-based; is sufficient to ensure every student
22		receives a meaningful opportunity to learn irrespective of
23		race, ethnicity, sexual orientation, gender, or
24		community-income level; and is sustainable and
25		predictable. When fully funded under this Section, every

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1		school shall have the resources, based on what the
2		evidence indicates is needed, to:
3		(A) provide all students with a high quality
4		education that offers the academic, enrichment, social
5		and emotional support, technical, and career-focused
6		programs that will allow them to become competitive
7		workers, responsible parents, productive citizens of
8		this State, and active members of our national
9		democracy;
10		(B) ensure all students receive the education they
11		need to graduate from high school with the skills
12		required to pursue post-secondary education and
13		training for a rewarding career;
14		(C) reduce, with a goal of eliminating, the
15		achievement gap between at-risk and non-at-risk
16		students by raising the performance of at-risk
17		students and not by reducing standards; and
18		(D) ensure this State satisfies its obligation to
19		assume the primary responsibility to fund public
20		education and simultaneously relieve the
21		disproportionate burden placed on local property taxes
22		to fund schools.
23		(2) The Evidence-Based Funding formula under this
24		Section shall be applied to all Organizational Units in
25		this State. The Evidence-Based Funding formula outlined in
26		this Act is based on the formula outlined in Senate Bill 1

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1		of the 100th General Assembly, as passed by both
2		legislative chambers. As further defined and described in
3		this Section, there are 4 major components of the
4		Evidence-Based Funding model:
5		(A) First, the model calculates a unique Adequacy
6		Target for each Organizational Unit in this State that
7		considers the costs to implement research-based
8		activities, the unit's student demographics, and
9		regional wage differences.
10		(B) Second, the model calculates each
11		Organizational Unit's Local Capacity, or the amount
12		each Organizational Unit is assumed to contribute
13		toward its Adequacy Target from local resources.
14		(C) Third, the model calculates how much funding
15		the State currently contributes to the Organizational
16		Unit and adds that to the unit's Local Capacity to
17		determine the unit's overall current adequacy of
18		funding.
19		(D) Finally, the model's distribution method
20		allocates new State funding to those Organizational
21		Units that are least well-funded, considering both
22		Local Capacity and State funding, in relation to their
23		Adequacy Target.
24		(3) An Organizational Unit receiving any funding under
25		this Section may apply those funds to any fund so received
26		for which that Organizational Unit is authorized to make

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1		expenditures by law.
2		(4) As used in this Section, the following terms shall
3		have the meanings ascribed in this paragraph (4):
4		"Adequacy Target" is defined in paragraph (1) of
5		subsection (b) of this Section.
6		"Adjusted EAV" is defined in paragraph (4) of
7		subsection (d) of this Section.
8		"Adjusted Local Capacity Target" is defined in
9		paragraph (3) of subsection (c) of this Section.
10		"Adjusted Operating Tax Rate" means a tax rate for all
11		Organizational Units, for which the State Superintendent
12		shall calculate and subtract for the Operating Tax Rate a
13		transportation rate based on total expenses for
14		transportation services under this Code, as reported on
15		the most recent Annual Financial Report in Pupil
16		Transportation Services, function 2550 in both the
17		Education and Transportation funds and functions 4110 and
18		4120 in the Transportation fund, less any corresponding
19		fiscal year State of Illinois scheduled payments excluding
20		net adjustments for prior years for regular, vocational,
21		or special education transportation reimbursement pursuant
22		to Section 29-5 or subsection (b) of Section 14-13.01 of
23		this Code divided by the Adjusted EAV. If an
24		Organizational Unit's corresponding fiscal year State of
25		Illinois scheduled payments excluding net adjustments for
26		prior years for regular, vocational, or special education

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1		transportation reimbursement pursuant to Section 29-5 or
2		subsection (b) of Section 14-13.01 of this Code exceed the
3		total transportation expenses, as defined in this
4		paragraph, no transportation rate shall be subtracted from
5		the Operating Tax Rate.
6		"Allocation Rate" is defined in paragraph (3) of
7		subsection (g) of this Section.
8		"Alternative School" means a public school that is
9		created and operated by a regional superintendent of
10		schools and approved by the State Board.
11		"Applicable Tax Rate" is defined in paragraph (1) of
12		subsection (d) of this Section.
13		"Assessment" means any of those benchmark, progress
14		monitoring, formative, diagnostic, and other assessments,
15		in addition to the State accountability assessment, that
16		assist teachers' needs in understanding the skills and
17		meeting the needs of the students they serve.
18		"Assistant principal" means a school administrator
19		duly endorsed to be employed as an assistant principal in
20		this State.
21		"At-risk student" means a student who is at risk of
22		not meeting the Illinois Learning Standards or not
23		graduating from elementary or high school and who
24		demonstrates a need for vocational support or social
25		services beyond that provided by the regular school
26		program. All students included in an Organizational Unit's

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1		Low-Income Count, as well as all English learner and
2		disabled students attending the Organizational Unit, shall
3		be considered at-risk students under this Section.
4		"Average Student Enrollment" or "ASE" for fiscal year
5		2018 means, for an Organizational Unit, the greater of the
6		average number of students (grades K through 12) reported
7		to the State Board as enrolled in the Organizational Unit
8		on October 1 in the immediately preceding school year,
9		plus the pre-kindergarten students who receive special
10		education services of 2 or more hours a day as reported to
11		the State Board on December 1 in the immediately preceding
12		school year, or the average number of students (grades K
13		through 12) reported to the State Board as enrolled in the
14		Organizational Unit on October 1, plus the
15		pre-kindergarten students who receive special education
16		services of 2 or more hours a day as reported to the State
17		Board on December 1, for each of the immediately preceding
18		3 school years. For fiscal year 2019 and each subsequent
19		fiscal year, "Average Student Enrollment" or "ASE" means,
20		for an Organizational Unit, the greater of the average
21		number of students (grades K through 12) reported to the
22		State Board as enrolled in the Organizational Unit on
23		October 1 and March 1 in the immediately preceding school
24		year, plus the pre-kindergarten students who receive
25		special education services as reported to the State Board
26		on October 1 and March 1 in the immediately preceding

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1		school year, or the average number of students (grades K
2		through 12) reported to the State Board as enrolled in the
3		Organizational Unit on October 1 and March 1, plus the
4		pre-kindergarten students who receive special education
5		services as reported to the State Board on October 1 and
6		March 1, for each of the immediately preceding 3 school
7		years. For the purposes of this definition, "enrolled in
8		the Organizational Unit" means the number of students
9		reported to the State Board who are enrolled in schools
10		within the Organizational Unit that the student attends or
11		would attend if not placed or transferred to another
12		school or program to receive needed services. For the
13		purposes of calculating "ASE", all students, grades K
14		through 12, excluding those attending kindergarten for a
15		half day and students attending an alternative education
16		program operated by a regional office of education or
17		intermediate service center, shall be counted as 1.0. All
18		students attending kindergarten for a half day shall be
19		counted as 0.5, unless in 2017 by June 15 or by March 1 in
20		subsequent years, the school district reports to the State
21		Board of Education the intent to implement full-day
22		kindergarten district-wide for all students, then all
23		students attending kindergarten shall be counted as 1.0.
24		Special education pre-kindergarten students shall be
25		counted as 0.5 each. If the State Board does not collect or
26		has not collected both an October 1 and March 1 enrollment

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1		count by grade or a December 1 collection of special
2		education pre-kindergarten students as of August 31, 2017
3		(the effective date of Public Act 100-465), it shall
4		establish such collection for all future years. For any
5		year in which a count by grade level was collected only
6		once, that count shall be used as the single count
7		available for computing a 3-year average ASE. Funding for
8		programs operated by a regional office of education or an
9		intermediate service center must be calculated using the
10		Evidence-Based Funding formula under this Section for the
11		2019-2020 school year and each subsequent school year
12		until separate adequacy formulas are developed and adopted
13		for each type of program. ASE for a program operated by a
14		regional office of education or an intermediate service
15		center must be determined by the March 1 enrollment for
16		the program. For the 2019-2020 school year, the ASE used
17		in the calculation must be the first-year ASE and, in that
18		year only, the assignment of students served by a regional
19		office of education or intermediate service center shall
20		not result in a reduction of the March enrollment for any
21		school district. For the 2020-2021 school year, the ASE
22		must be the greater of the current-year ASE or the 2-year
23		average ASE. Beginning with the 2021-2022 school year, the
24		ASE must be the greater of the current-year ASE or the
25		3-year average ASE. School districts shall submit the data
26		for the ASE calculation to the State Board within 45 days

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1		of the dates required in this Section for submission of
2		enrollment data in order for it to be included in the ASE
3		calculation. For fiscal year 2018 only, the ASE
4		calculation shall include only enrollment taken on October
5		1. In recognition of the impact of COVID-19, the
6		definition of "Average Student Enrollment" or "ASE" shall
7		be adjusted for calculations under this Section for fiscal
8		years 2022 through 2024. For fiscal years 2022 through
9		2024, the enrollment used in the calculation of ASE
10		representing the 2020-2021 school year shall be the
11		greater of the enrollment for the 2020-2021 school year or
12		the 2019-2020 school year.
13		"Base Funding Guarantee" is defined in paragraph (10)
14		of subsection (g) of this Section.
15		"Base Funding Minimum" is defined in subsection (e) of
16		this Section.
17		"Base Tax Year" means the property tax levy year used
18		to calculate the Budget Year allocation of primary State
19		aid.
20		"Base Tax Year's Extension" means the product of the
21		equalized assessed valuation utilized by the county clerk
22		in the Base Tax Year multiplied by the limiting rate as
23		calculated by the county clerk and defined in PTELL.
24		"Bilingual Education Allocation" means the amount of
25		an Organizational Unit's final Adequacy Target
26		attributable to bilingual education divided by the

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1		Organizational Unit's final Adequacy Target, the product
2		of which shall be multiplied by the amount of new funding
3		received pursuant to this Section. An Organizational
4		Unit's final Adequacy Target attributable to bilingual
5		education shall include all additional investments in
6		English learner students' adequacy elements.
7		"Budget Year" means the school year for which primary
8		State aid is calculated and awarded under this Section.
9		"Central office" means individual administrators and
10		support service personnel charged with managing the
11		instructional programs, business and operations, and
12		security of the Organizational Unit.
13		"Comparable Wage Index" or "CWI" means a regional cost
14		differentiation metric that measures systemic, regional
15		variations in the salaries of college graduates who are
16		not educators. The CWI utilized for this Section shall,
17		for the first 3 years of Evidence-Based Funding
18		implementation, be the CWI initially developed by the
19		National Center for Education Statistics, as most recently
20		updated by Texas A & M University. In the fourth and
21		subsequent years of Evidence-Based Funding implementation,
22		the State Superintendent shall re-determine the CWI using
23		a similar methodology to that identified in the Texas A & M
24		University study, with adjustments made no less frequently
25		than once every 5 years.
26		"Computer technology and equipment" means computers

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1		servers, notebooks, network equipment, copiers, printers,
2		instructional software, security software, curriculum
3		management courseware, and other similar materials and
4		equipment.
5		"Computer technology and equipment investment
6		allocation" means the final Adequacy Target amount of an
7		Organizational Unit assigned to Tier 1 or Tier 2 in the
8		prior school year attributable to the additional $285.50
9		per student computer technology and equipment investment
10		grant divided by the Organizational Unit's final Adequacy
11		Target, the result of which shall be multiplied by the
12		amount of new funding received pursuant to this Section.
13		An Organizational Unit assigned to a Tier 1 or Tier 2 final
14		Adequacy Target attributable to the received computer
15		technology and equipment investment grant shall include
16		all additional investments in computer technology and
17		equipment adequacy elements.
18		"Core subject" means mathematics; science; reading,
19		English, writing, and language arts; history and social
20		studies; world languages; and subjects taught as Advanced
21		Placement in high schools.
22		"Core teacher" means a regular classroom teacher in
23		elementary schools and teachers of a core subject in
24		middle and high schools.
25		"Core Intervention teacher (tutor)" means a licensed
26		teacher providing one-on-one or small group tutoring to

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1		students struggling to meet proficiency in core subjects.
2		"CPPRT" means corporate personal property replacement
3		tax funds paid to an Organizational Unit during the
4		calendar year one year before the calendar year in which a
5		school year begins, pursuant to "An Act in relation to the
6		abolition of ad valorem personal property tax and the
7		replacement of revenues lost thereby, and amending and
8		repealing certain Acts and parts of Acts in connection
9		therewith", certified August 14, 1979, as amended (Public
10		Act 81-1st S.S.-1).
11		"EAV" means equalized assessed valuation as defined in
12		paragraph (2) of subsection (d) of this Section and
13		calculated in accordance with paragraph (3) of subsection
14		(d) of this Section.
15		"ECI" means the Bureau of Labor Statistics' national
16		employment cost index for civilian workers in educational
17		services in elementary and secondary schools on a
18		cumulative basis for the 12-month calendar year preceding
19		the fiscal year of the Evidence-Based Funding calculation.
20		"EIS Data" means the employment information system
21		data maintained by the State Board on educators within
22		Organizational Units.
23		"Employee benefits" means health, dental, and vision
24		insurance offered to employees of an Organizational Unit,
25		the costs associated with the statutorily required payment
26		of the normal cost of the Organizational Unit's teacher

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1		pensions, Social Security employer contributions, and
2		Illinois Municipal Retirement Fund employer contributions.
3		"English learner" or "EL" means a child included in
4		the definition of "English learners" under Section 14C-2
5		of this Code participating in a program of transitional
6		bilingual education or a transitional program of
7		instruction meeting the requirements and program
8		application procedures of Article 14C of this Code. For
9		the purposes of collecting the number of EL students
10		enrolled, the same collection and calculation methodology
11		as defined above for "ASE" shall apply to English
12		learners, with the exception that EL student enrollment
13		shall include students in grades pre-kindergarten through
14		12.
15		"Essential Elements" means those elements, resources,
16		and educational programs that have been identified through
17		academic research as necessary to improve student success,
18		improve academic performance, close achievement gaps, and
19		provide for other per student costs related to the
20		delivery and leadership of the Organizational Unit, as
21		well as the maintenance and operations of the unit, and
22		which are specified in paragraph (2) of subsection (b) of
23		this Section.
24		"Evidence-Based Funding" means State funding provided
25		to an Organizational Unit pursuant to this Section.
26		"Extended day" means academic and enrichment programs

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1		provided to students outside the regular school day before
2		and after school or during non-instructional times during
3		the school day.
4		"Extension Limitation Ratio" means a numerical ratio
5		in which the numerator is the Base Tax Year's Extension
6		and the denominator is the Preceding Tax Year's Extension.
7		"Final Percent of Adequacy" is defined in paragraph
8		(4) of subsection (f) of this Section.
9		"Final Resources" is defined in paragraph (3) of
10		subsection (f) of this Section.
11		"Full-time equivalent" or "FTE" means the full-time
12		equivalency compensation for staffing the relevant
13		position at an Organizational Unit.
14		"Funding Gap" is defined in paragraph (1) of
15		subsection (g).
16		"Hybrid District" means a partial elementary unit
17		district created pursuant to Article 11E of this Code.
18		"Instructional assistant" means a core or special
19		education, non-licensed employee who assists a teacher in
20		the classroom and provides academic support to students.
21		"Instructional facilitator" means a qualified teacher
22		or licensed teacher leader who facilitates and coaches
23		continuous improvement in classroom instruction; provides
24		instructional support to teachers in the elements of
25		research-based instruction or demonstrates the alignment
26		of instruction with curriculum standards and assessment

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1		tools; develops or coordinates instructional programs or
2		strategies; develops and implements training; chooses
3		standards-based instructional materials; provides
4		teachers with an understanding of current research; serves
5		as a mentor, site coach, curriculum specialist, or lead
6		teacher; or otherwise works with fellow teachers, in
7		collaboration, to use data to improve instructional
8		practice or develop model lessons.
9		"Instructional materials" means relevant
10		instructional materials for student instruction,
11		including, but not limited to, textbooks, consumable
12		workbooks, laboratory equipment, library books, and other
13		similar materials.
14		"Laboratory School" means a public school that is
15		created and operated by a public university and approved
16		by the State Board.
17		"Librarian" means a teacher with an endorsement as a
18		library information specialist or another individual whose
19		primary responsibility is overseeing library resources
20		within an Organizational Unit.
21		"Limiting rate for Hybrid Districts" means the
22		combined elementary school and high school limiting rates.
23		"Local Capacity" is defined in paragraph (1) of
24		subsection (c) of this Section.
25		"Local Capacity Percentage" is defined in subparagraph
26		(A) of paragraph (2) of subsection (c) of this Section.

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1		"Local Capacity Ratio" is defined in subparagraph (B)
2		of paragraph (2) of subsection (c) of this Section.
3		"Local Capacity Target" is defined in paragraph (2) of
4		subsection (c) of this Section.
5		"Low-Income Count" means, for an Organizational Unit
6		in a fiscal year, the higher of the average number of
7		students for the prior school year or the immediately
8		preceding 3 school years who, as of July 1 of the
9		immediately preceding fiscal year (as determined by the
10		Department of Human Services), are eligible for at least
11		one of the following low-income programs: Medicaid, the
12		Children's Health Insurance Program, Temporary Assistance
13		for Needy Families (TANF), or the Supplemental Nutrition
14		Assistance Program, excluding pupils who are eligible for
15		services provided by the Department of Children and Family
16		Services. Until such time that grade level low-income
17		populations become available, grade level low-income
18		populations shall be determined by applying the low-income
19		percentage to total student enrollments by grade level.
20		The low-income percentage is determined by dividing the
21		Low-Income Count by the Average Student Enrollment. The
22		low-income percentage for programs operated by a regional
23		office of education or an intermediate service center must
24		be set to the weighted average of the low-income
25		percentages of all of the school districts in the service
26		region. The weighted low-income percentage is the result

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1		of multiplying the low-income percentage of each school
2		district served by the regional office of education or
3		intermediate service center by each school district's
4		Average Student Enrollment, summarizing those products and
5		dividing the total by the total Average Student Enrollment
6		for the service region.
7		"Maintenance and operations" means custodial services,
8		facility and ground maintenance, facility operations,
9		facility security, routine facility repairs, and other
10		similar services and functions.
11		"Minimum Funding Level" is defined in paragraph (9) of
12		subsection (g) of this Section.
13		"New Property Tax Relief Pool Funds" means, for any
14		given fiscal year, all State funds appropriated under
15		Section 2-3.170 of this Code.
16		"New State Funds" means, for a given school year, all
17		State funds appropriated for Evidence-Based Funding in
18		excess of the amount needed to fund the Base Funding
19		Minimum for all Organizational Units in that school year.
20		"Nurse" means an individual licensed as a certified
21		school nurse, in accordance with the rules established for
22		nursing services by the State Board, who is an employee of
23		and is available to provide health care-related services
24		for students of an Organizational Unit.
25		"Operating Tax Rate" means the rate utilized in the
26		previous year to extend property taxes for all purposes,

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1		except Bond and Interest, Summer School, Rent, Capital
2		Improvement, and Vocational Education Building purposes.
3		For Hybrid Districts, the Operating Tax Rate shall be the
4		combined elementary and high school rates utilized in the
5		previous year to extend property taxes for all purposes,
6		except Bond and Interest, Summer School, Rent, Capital
7		Improvement, and Vocational Education Building purposes.
8		"Organizational Unit" means a Laboratory School or any
9		public school district that is recognized as such by the
10		State Board and that contains elementary schools typically
11		serving kindergarten through 5th grades, middle schools
12		typically serving 6th through 8th grades, high schools
13		typically serving 9th through 12th grades, a program
14		established under Section 2-3.66 or 2-3.41, or a program
15		operated by a regional office of education or an
16		intermediate service center under Article 13A or 13B. The
17		General Assembly acknowledges that the actual grade levels
18		served by a particular Organizational Unit may vary
19		slightly from what is typical.
20		"Organizational Unit CWI" is determined by calculating
21		the CWI in the region and original county in which an
22		Organizational Unit's primary administrative office is
23		located as set forth in this paragraph, provided that if
24		the Organizational Unit CWI as calculated in accordance
25		with this paragraph is less than 0.9, the Organizational
26		Unit CWI shall be increased to 0.9. Each county's current

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1		CWI value shall be adjusted based on the CWI value of that
2		county's neighboring Illinois counties, to create a
3		"weighted adjusted index value". This shall be calculated
4		by summing the CWI values of all of a county's adjacent
5		Illinois counties and dividing by the number of adjacent
6		Illinois counties, then taking the weighted value of the
7		original county's CWI value and the adjacent Illinois
8		county average. To calculate this weighted value, if the
9		number of adjacent Illinois counties is greater than 2,
10		the original county's CWI value will be weighted at 0.25
11		and the adjacent Illinois county average will be weighted
12		at 0.75. If the number of adjacent Illinois counties is 2,
13		the original county's CWI value will be weighted at 0.33
14		and the adjacent Illinois county average will be weighted
15		at 0.66. The greater of the county's current CWI value and
16		its weighted adjusted index value shall be used as the
17		Organizational Unit CWI.
18		"Preceding Tax Year" means the property tax levy year
19		immediately preceding the Base Tax Year.
20		"Preceding Tax Year's Extension" means the product of
21		the equalized assessed valuation utilized by the county
22		clerk in the Preceding Tax Year multiplied by the
23		Operating Tax Rate.
24		"Preliminary Percent of Adequacy" is defined in
25		paragraph (2) of subsection (f) of this Section.
26		"Preliminary Resources" is defined in paragraph (2) of

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1		subsection (f) of this Section.
2		"Principal" means a school administrator duly endorsed
3		to be employed as a principal in this State.
4		"Professional development" means training programs for
5		licensed staff in schools, including, but not limited to,
6		programs that assist in implementing new curriculum
7		programs, provide data focused or academic assessment data
8		training to help staff identify a student's weaknesses and
9		strengths, target interventions, improve instruction,
10		encompass instructional strategies for English learner,
11		gifted, or at-risk students, address inclusivity, cultural
12		sensitivity, or implicit bias, or otherwise provide
13		professional support for licensed staff.
14		"Prototypical" means 450 special education
15		pre-kindergarten and kindergarten through grade 5 students
16		for an elementary school, 450 grade 6 through 8 students
17		for a middle school, and 600 grade 9 through 12 students
18		for a high school.
19		"PTELL" means the Property Tax Extension Limitation
20		Law.
21		"PTELL EAV" is defined in paragraph (4) of subsection
22		(d) of this Section.
23		"Pupil support staff" means a nurse, psychologist,
24		social worker, family liaison personnel, or other staff
25		member who provides support to at-risk or struggling
26		students.

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1		"Real Receipts" is defined in paragraph (1) of
2		subsection (d) of this Section.
3		"Regionalization Factor" means, for a particular
4		Organizational Unit, the figure derived by dividing the
5		Organizational Unit CWI by the Statewide Weighted CWI.
6		"School counselor" means a licensed school counselor
7		who provides guidance and counseling support for students
8		within an Organizational Unit.
9		"School site staff" means the primary school secretary
10		and any additional clerical personnel assigned to a
11		school.
12		"Special education" means special educational
13		facilities and services, as defined in Section 14-1.08 of
14		this Code.
15		"Special Education Allocation" means the amount of an
16		Organizational Unit's final Adequacy Target attributable
17		to special education divided by the Organizational Unit's
18		final Adequacy Target, the product of which shall be
19		multiplied by the amount of new funding received pursuant
20		to this Section. An Organizational Unit's final Adequacy
21		Target attributable to special education shall include all
22		special education investment adequacy elements.
23		"Specialist teacher" means a teacher who provides
24		instruction in subject areas not included in core
25		subjects, including, but not limited to, art, music,
26		physical education, health, driver education,

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1		career-technical education, and such other subject areas
2		as may be mandated by State law or provided by an
3		Organizational Unit.
4		"Specially Funded Unit" means an Alternative School,
5		safe school, Department of Juvenile Justice school,
6		special education cooperative or entity recognized by the
7		State Board as a special education cooperative,
8		State-approved charter school, or alternative learning
9		opportunities program that received direct funding from
10		the State Board during the 2016-2017 school year through
11		any of the funding sources included within the calculation
12		of the Base Funding Minimum or Glenwood Academy.
13		"Supplemental Grant Funding" means supplemental
14		general State aid funding received by an Organizational
15		Unit during the 2016-2017 school year pursuant to
16		subsection (H) of Section 18-8.05 of this Code (now
17		repealed).
18		"State Adequacy Level" is the sum of the Adequacy
19		Targets of all Organizational Units.
20		"State Board" means the State Board of Education.
21		"State Superintendent" means the State Superintendent
22		of Education.
23		"Statewide Weighted CWI" means a figure determined by
24		multiplying each Organizational Unit CWI times the ASE for
25		that Organizational Unit creating a weighted value,
26		summing all Organizational Units' weighted values, and

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1		dividing by the total ASE of all Organizational Units,
2		thereby creating an average weighted index.
3		"Student activities" means non-credit producing
4		after-school programs, including, but not limited to,
5		clubs, bands, sports, and other activities authorized by
6		the school board of the Organizational Unit.
7		"Substitute teacher" means an individual teacher or
8		teaching assistant who is employed by an Organizational
9		Unit and is temporarily serving the Organizational Unit on
10		a per diem or per period-assignment basis to replace
11		another staff member.
12		"Summer school" means academic and enrichment programs
13		provided to students during the summer months outside of
14		the regular school year.
15		"Supervisory aide" means a non-licensed staff member
16		who helps in supervising students of an Organizational
17		Unit, but does so outside of the classroom, in situations
18		such as, but not limited to, monitoring hallways and
19		playgrounds, supervising lunchrooms, or supervising
20		students when being transported in buses serving the
21		Organizational Unit.
22		"Target Ratio" is defined in paragraph (4) of
23		subsection (g).
24		"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
25		in paragraph (3) of subsection (g).
26		"Tier 1 Aggregate Funding", "Tier 2 Aggregate

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1		Funding", "Tier 3 Aggregate Funding", and "Tier 4
2		Aggregate Funding" are defined in paragraph (1) of
3		subsection (g).
4		(b) Adequacy Target calculation.
5		(1) Each Organizational Unit's Adequacy Target is the
6		sum of the Organizational Unit's cost of providing
7		Essential Elements, as calculated in accordance with this
8		subsection (b), with the salary amounts in the Essential
9		Elements multiplied by a Regionalization Factor calculated
10		pursuant to paragraph (3) of this subsection (b).
11		(2) The Essential Elements are attributable on a pro
12		rata basis related to defined subgroups of the ASE of each
13		Organizational Unit as specified in this paragraph (2),
14		with investments and FTE positions pro rata funded based
15		on ASE counts in excess of or less than the thresholds set
16		forth in this paragraph (2). The method for calculating
17		attributable pro rata costs and the defined subgroups
18		thereto are as follows:
19		(A) Core class size investments. Each
20		Organizational Unit shall receive the funding required
21		to support that number of FTE core teacher positions
22		as is needed to keep the respective class sizes of the
23		Organizational Unit to the following maximum numbers:
24		(i) For grades kindergarten through 3, the
25		Organizational Unit shall receive funding required
26		to support one FTE core teacher position for every

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1		15 Low-Income Count students in those grades and
2		one FTE core teacher position for every 20
3		non-Low-Income Count students in those grades.
4		(ii) For grades 4 through 12, the
5		Organizational Unit shall receive funding required
6		to support one FTE core teacher position for every
7		20 Low-Income Count students in those grades and
8		one FTE core teacher position for every 25
9		non-Low-Income Count students in those grades.
10		The number of non-Low-Income Count students in a
11		grade shall be determined by subtracting the
12		Low-Income students in that grade from the ASE of the
13		Organizational Unit for that grade.
14		(B) Specialist teacher investments. Each
15		Organizational Unit shall receive the funding needed
16		to cover that number of FTE specialist teacher
17		positions that correspond to the following
18		percentages:
19		(i) if the Organizational Unit operates an
20		elementary or middle school, then 20.00% of the
21		number of the Organizational Unit's core teachers,
22		as determined under subparagraph (A) of this
23		paragraph (2); and
24		(ii) if such Organizational Unit operates a
25		high school, then 33.33% of the number of the
26		Organizational Unit's core teachers.

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1		(C) Instructional facilitator investments. Each
2		Organizational Unit shall receive the funding needed
3		to cover one FTE instructional facilitator position
4		for every 200 combined ASE of pre-kindergarten
5		children with disabilities and all kindergarten
6		through grade 12 students of the Organizational Unit.
7		(D) Core intervention teacher (tutor) investments.
8		Each Organizational Unit shall receive the funding
9		needed to cover one FTE teacher position for each
10		prototypical elementary, middle, and high school.
11		(E) Substitute teacher investments. Each
12		Organizational Unit shall receive the funding needed
13		to cover substitute teacher costs that is equal to
14		5.70% of the minimum pupil attendance days required
15		under Section 10-19 of this Code for all full-time
16		equivalent core, specialist, and intervention
17		teachers, school nurses, special education teachers
18		and instructional assistants, instructional
19		facilitators, and summer school and extended day
20		teacher positions, as determined under this paragraph
21		(2), at a salary rate of 33.33% of the average salary
22		for grade K through 12 teachers and 33.33% of the
23		average salary of each instructional assistant
24		position.
25		(F) Core school counselor investments. Each
26		Organizational Unit shall receive the funding needed

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1		to cover one FTE school counselor for each 450
2		combined ASE of pre-kindergarten children with
3		disabilities and all kindergarten through grade 5
4		students, plus one FTE school counselor for each 250
5		grades 6 through 8 ASE middle school students, plus
6		one FTE school counselor for each 250 grades 9 through
7		12 ASE high school students.
8		(G) Nurse investments. Each Organizational Unit
9		shall receive the funding needed to cover one FTE
10		nurse for each 750 combined ASE of pre-kindergarten
11		children with disabilities and all kindergarten
12		through grade 12 students across all grade levels it
13		serves.
14		(H) Supervisory aide investments. Each
15		Organizational Unit shall receive the funding needed
16		to cover one FTE for each 225 combined ASE of
17		pre-kindergarten children with disabilities and all
18		kindergarten through grade 5 students, plus one FTE
19		for each 225 ASE middle school students, plus one FTE
20		for each 200 ASE high school students.
21		(I) Librarian investments. Each Organizational
22		Unit shall receive the funding needed to cover one FTE
23		librarian for each prototypical elementary school,
24		middle school, and high school and one FTE aide or
25		media technician for every 300 combined ASE of
26		pre-kindergarten children with disabilities and all

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1		kindergarten through grade 12 students.
2		(J) Principal investments. Each Organizational
3		Unit shall receive the funding needed to cover one FTE
4		principal position for each prototypical elementary
5		school, plus one FTE principal position for each
6		prototypical middle school, plus one FTE principal
7		position for each prototypical high school.
8		(K) Assistant principal investments. Each
9		Organizational Unit shall receive the funding needed
10		to cover one FTE assistant principal position for each
11		prototypical elementary school, plus one FTE assistant
12		principal position for each prototypical middle
13		school, plus one FTE assistant principal position for
14		each prototypical high school.
15		(L) School site staff investments. Each
16		Organizational Unit shall receive the funding needed
17		for one FTE position for each 225 ASE of
18		pre-kindergarten children with disabilities and all
19		kindergarten through grade 5 students, plus one FTE
20		position for each 225 ASE middle school students, plus
21		one FTE position for each 200 ASE high school
22		students.
23		(M) Gifted investments. Each Organizational Unit
24		shall receive $40 per kindergarten through grade 12
25		ASE.
26		(N) Professional development investments. Each

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1		Organizational Unit shall receive $125 per student of
2		the combined ASE of pre-kindergarten children with
3		disabilities and all kindergarten through grade 12
4		students for trainers and other professional
5		development-related expenses for supplies and
6		materials.
7		(O) Instructional material investments. Each
8		Organizational Unit shall receive $190 per student of
9		the combined ASE of pre-kindergarten children with
10		disabilities and all kindergarten through grade 12
11		students to cover instructional material costs.
12		(P) Assessment investments. Each Organizational
13		Unit shall receive $25 per student of the combined ASE
14		of pre-kindergarten children with disabilities and all
15		kindergarten through grade 12 students to cover
16		assessment costs.
17		(Q) Computer technology and equipment investments.
18		Each Organizational Unit shall receive $285.50 per
19		student of the combined ASE of pre-kindergarten
20		children with disabilities and all kindergarten
21		through grade 12 students to cover computer technology
22		and equipment costs. For the 2018-2019 school year and
23		subsequent school years, Organizational Units assigned
24		to Tier 1 and Tier 2 in the prior school year shall
25		receive an additional $285.50 per student of the
26		combined ASE of pre-kindergarten children with

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1		disabilities and all kindergarten through grade 12
2		students to cover computer technology and equipment
3		costs in the Organizational Unit's Adequacy Target.
4		The State Board may establish additional requirements
5		for Organizational Unit expenditures of funds received
6		pursuant to this subparagraph (Q), including a
7		requirement that funds received pursuant to this
8		subparagraph (Q) may be used only for serving the
9		technology needs of the district. It is the intent of
10		Public Act 100-465 that all Tier 1 and Tier 2 districts
11		receive the addition to their Adequacy Target in the
12		following year, subject to compliance with the
13		requirements of the State Board.
14		(R) Student activities investments. Each
15		Organizational Unit shall receive the following
16		funding amounts to cover student activities: $100 per
17		kindergarten through grade 5 ASE student in elementary
18		school, plus $200 per ASE student in middle school,
19		plus $675 per ASE student in high school.
20		(S) Maintenance and operations investments. Each
21		Organizational Unit shall receive $1,038 per student
22		of the combined ASE of pre-kindergarten children with
23		disabilities and all kindergarten through grade 12
24		students for day-to-day maintenance and operations
25		expenditures, including salary, supplies, and
26		materials, as well as purchased services, but

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1		excluding employee benefits. The proportion of salary
2		for the application of a Regionalization Factor and
3		the calculation of benefits is equal to $352.92.
4		(T) Central office investments. Each
5		Organizational Unit shall receive $742 per student of
6		the combined ASE of pre-kindergarten children with
7		disabilities and all kindergarten through grade 12
8		students to cover central office operations, including
9		administrators and classified personnel charged with
10		managing the instructional programs, business and
11		operations of the school district, and security
12		personnel. The proportion of salary for the
13		application of a Regionalization Factor and the
14		calculation of benefits is equal to $368.48.
15		(U) Employee benefit investments. Each
16		Organizational Unit shall receive 30% of the total of
17		all salary-calculated elements of the Adequacy Target,
18		excluding substitute teachers and student activities
19		investments, to cover benefit costs. For central
20		office and maintenance and operations investments, the
21		benefit calculation shall be based upon the salary
22		proportion of each investment. If at any time the
23		responsibility for funding the employer normal cost of
24		teacher pensions is assigned to school districts, then
25		that amount certified by the Teachers' Retirement
26		System of the State of Illinois to be paid by the

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1		Organizational Unit for the preceding school year
2		shall be added to the benefit investment. For any
3		fiscal year in which a school district organized under
4		Article 34 of this Code is responsible for paying the
5		employer normal cost of teacher pensions, then that
6		amount of its employer normal cost plus the amount for
7		retiree health insurance as certified by the Public
8		School Teachers' Pension and Retirement Fund of
9		Chicago to be paid by the school district for the
10		preceding school year that is statutorily required to
11		cover employer normal costs and the amount for retiree
12		health insurance shall be added to the 30% specified
13		in this subparagraph (U). The Teachers' Retirement
14		System of the State of Illinois and the Public School
15		Teachers' Pension and Retirement Fund of Chicago shall
16		submit such information as the State Superintendent
17		may require for the calculations set forth in this
18		subparagraph (U).
19		(V) Additional investments in low-income students.
20		In addition to and not in lieu of all other funding
21		under this paragraph (2), each Organizational Unit
22		shall receive funding based on the average teacher
23		salary for grades K through 12 to cover the costs of:
24		(i) one FTE intervention teacher (tutor)
25		position for every 125 Low-Income Count students;
26		(ii) one FTE pupil support staff position for

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1		every 125 Low-Income Count students;
2		(iii) one FTE extended day teacher position
3		for every 120 Low-Income Count students; and
4		(iv) one FTE summer school teacher position
5		for every 120 Low-Income Count students.
6		(W) Additional investments in English learner
7		students. In addition to and not in lieu of all other
8		funding under this paragraph (2), each Organizational
9		Unit shall receive funding based on the average
10		teacher salary for grades K through 12 to cover the
11		costs of:
12		(i) one FTE intervention teacher (tutor)
13		position for every 125 English learner students;
14		(ii) one FTE pupil support staff position for
15		every 125 English learner students;
16		(iii) one FTE extended day teacher position
17		for every 120 English learner students;
18		(iv) one FTE summer school teacher position
19		for every 120 English learner students; and
20		(v) one FTE core teacher position for every
21		100 English learner students.
22		(X) Special education investments. Each
23		Organizational Unit shall receive funding based on the
24		average teacher salary for grades K through 12 to
25		cover special education as follows:
26		(i) one FTE teacher position for every 141

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1		combined ASE of pre-kindergarten children with
2		disabilities and all kindergarten through grade 12
3		students;
4		(ii) one FTE instructional assistant for every
5		141 combined ASE of pre-kindergarten children with
6		disabilities and all kindergarten through grade 12
7		students; and
8		(iii) one FTE psychologist position for every
9		1,000 combined ASE of pre-kindergarten children
10		with disabilities and all kindergarten through
11		grade 12 students.
12		(3) For calculating the salaries included within the
13		Essential Elements, the State Superintendent shall
14		annually calculate average salaries to the nearest dollar
15		using the employment information system data maintained by
16		the State Board, limited to public schools only and
17		excluding special education and vocational cooperatives,
18		schools operated by the Department of Juvenile Justice,
19		and charter schools, for the following positions:
20		(A) Teacher for grades K through 8.
21		(B) Teacher for grades 9 through 12.
22		(C) Teacher for grades K through 12.
23		(D) School counselor for grades K through 8.
24		(E) School counselor for grades 9 through 12.
25		(F) School counselor for grades K through 12.
26		(G) Social worker.

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1		(H) Psychologist.
2		(I) Librarian.
3		(J) Nurse.
4		(K) Principal.
5		(L) Assistant principal.
6		For the purposes of this paragraph (3), "teacher"
7		includes core teachers, specialist and elective teachers,
8		instructional facilitators, tutors, special education
9		teachers, pupil support staff teachers, English learner
10		teachers, extended day teachers, and summer school
11		teachers. Where specific grade data is not required for
12		the Essential Elements, the average salary for
13		corresponding positions shall apply. For substitute
14		teachers, the average teacher salary for grades K through
15		12 shall apply.
16		For calculating the salaries included within the
17		Essential Elements for positions not included within EIS
18		Data, the following salaries shall be used in the first
19		year of implementation of Evidence-Based Funding:
20		(i) school site staff, $30,000; and
21		(ii) non-instructional assistant, instructional
22		assistant, library aide, library media tech, or
23		supervisory aide: $25,000.
24		In the second and subsequent years of implementation
25		of Evidence-Based Funding, the amounts in items (i) and
26		(ii) of this paragraph (3) shall annually increase by the

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1		ECI.
2		The salary amounts for the Essential Elements
3		determined pursuant to subparagraphs (A) through (L), (S)
4		and (T), and (V) through (X) of paragraph (2) of
5		subsection (b) of this Section shall be multiplied by a
6		Regionalization Factor.
7		(c) Local Capacity calculation.
8		(1) Each Organizational Unit's Local Capacity
9		represents an amount of funding it is assumed to
10		contribute toward its Adequacy Target for purposes of the
11		Evidence-Based Funding formula calculation. "Local
12		Capacity" means either (i) the Organizational Unit's Local
13		Capacity Target as calculated in accordance with paragraph
14		(2) of this subsection (c) if its Real Receipts are equal
15		to or less than its Local Capacity Target or (ii) the
16		Organizational Unit's Adjusted Local Capacity, as
17		calculated in accordance with paragraph (3) of this
18		subsection (c) if Real Receipts are more than its Local
19		Capacity Target.
20		(2) "Local Capacity Target" means, for an
21		Organizational Unit, that dollar amount that is obtained
22		by multiplying its Adequacy Target by its Local Capacity
23		Ratio.
24		(A) An Organizational Unit's Local Capacity
25		Percentage is the conversion of the Organizational
26		Unit's Local Capacity Ratio, as such ratio is

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1		determined in accordance with subparagraph (B) of this
2		paragraph (2), into a cumulative distribution
3		resulting in a percentile ranking to determine each
4		Organizational Unit's relative position to all other
5		Organizational Units in this State. The calculation of
6		Local Capacity Percentage is described in subparagraph
7		(C) of this paragraph (2).
8		(B) An Organizational Unit's Local Capacity Ratio
9		in a given year is the percentage obtained by dividing
10		its Adjusted EAV or PTELL EAV, whichever is less, by
11		its Adequacy Target, with the resulting ratio further
12		adjusted as follows:
13		(i) for Organizational Units serving grades
14		kindergarten through 12 and Hybrid Districts, no
15		further adjustments shall be made;
16		(ii) for Organizational Units serving grades
17		kindergarten through 8, the ratio shall be
18		multiplied by 9/13;
19		(iii) for Organizational Units serving grades
20		9 through 12, the Local Capacity Ratio shall be
21		multiplied by 4/13; and
22		(iv) for an Organizational Unit with a
23		different grade configuration than those specified
24		in items (i) through (iii) of this subparagraph
25		(B), the State Superintendent shall determine a
26		comparable adjustment based on the grades served.

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1		(C) The Local Capacity Percentage is equal to the
2		percentile ranking of the district. Local Capacity
3		Percentage converts each Organizational Unit's Local
4		Capacity Ratio to a cumulative distribution resulting
5		in a percentile ranking to determine each
6		Organizational Unit's relative position to all other
7		Organizational Units in this State. The Local Capacity
8		Percentage cumulative distribution resulting in a
9		percentile ranking for each Organizational Unit shall
10		be calculated using the standard normal distribution
11		of the score in relation to the weighted mean and
12		weighted standard deviation and Local Capacity Ratios
13		of all Organizational Units. If the value assigned to
14		any Organizational Unit is in excess of 90%, the value
15		shall be adjusted to 90%. For Laboratory Schools, the
16		Local Capacity Percentage shall be set at 10% in
17		recognition of the absence of EAV and resources from
18		the public university that are allocated to the
19		Laboratory School. For programs operated by a regional
20		office of education or an intermediate service center,
21		the Local Capacity Percentage must be set at 10% in
22		recognition of the absence of EAV and resources from
23		school districts that are allocated to the regional
24		office of education or intermediate service center.
25		The weighted mean for the Local Capacity Percentage
26		shall be determined by multiplying each Organizational

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1		Unit's Local Capacity Ratio times the ASE for the unit
2		creating a weighted value, summing the weighted values
3		of all Organizational Units, and dividing by the total
4		ASE of all Organizational Units. The weighted standard
5		deviation shall be determined by taking the square
6		root of the weighted variance of all Organizational
7		Units' Local Capacity Ratio, where the variance is
8		calculated by squaring the difference between each
9		unit's Local Capacity Ratio and the weighted mean,
10		then multiplying the variance for each unit times the
11		ASE for the unit to create a weighted variance for each
12		unit, then summing all units' weighted variance and
13		dividing by the total ASE of all units.
14		(D) For any Organizational Unit, the
15		Organizational Unit's Adjusted Local Capacity Target
16		shall be reduced by either (i) the school board's
17		remaining contribution pursuant to paragraph (ii) of
18		subsection (b-4) of Section 16-158 of the Illinois
19		Pension Code in a given year or (ii) the board of
20		education's remaining contribution pursuant to
21		paragraph (iv) of subsection (b) of Section 17-129 of
22		the Illinois Pension Code absent the employer normal
23		cost portion of the required contribution and amount
24		allowed pursuant to subdivision (3) of Section
25		17-142.1 of the Illinois Pension Code in a given year.
26		In the preceding sentence, item (i) shall be certified

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1		to the State Board of Education by the Teachers'
2		Retirement System of the State of Illinois and item
3		(ii) shall be certified to the State Board of
4		Education by the Public School Teachers' Pension and
5		Retirement Fund of the City of Chicago.
6		(3) If an Organizational Unit's Real Receipts are more
7		than its Local Capacity Target, then its Local Capacity
8		shall equal an Adjusted Local Capacity Target as
9		calculated in accordance with this paragraph (3). The
10		Adjusted Local Capacity Target is calculated as the sum of
11		the Organizational Unit's Local Capacity Target and its
12		Real Receipts Adjustment. The Real Receipts Adjustment
13		equals the Organizational Unit's Real Receipts less its
14		Local Capacity Target, with the resulting figure
15		multiplied by the Local Capacity Percentage.
16		As used in this paragraph (3), "Real Percent of
17		Adequacy" means the sum of an Organizational Unit's Real
18		Receipts, CPPRT, and Base Funding Minimum, with the
19		resulting figure divided by the Organizational Unit's
20		Adequacy Target.
21		(d) Calculation of Real Receipts, EAV, and Adjusted EAV
22		for purposes of the Local Capacity calculation.
23		(1) An Organizational Unit's Real Receipts are the
24		product of its Applicable Tax Rate and its Adjusted EAV.
25		An Organizational Unit's Applicable Tax Rate is its
26		Adjusted Operating Tax Rate for property within the

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1		Organizational Unit.
2		(2) The State Superintendent shall calculate the
3		equalized assessed valuation, or EAV, of all taxable
4		property of each Organizational Unit as of September 30 of
5		the previous year in accordance with paragraph (3) of this
6		subsection (d). The State Superintendent shall then
7		determine the Adjusted EAV of each Organizational Unit in
8		accordance with paragraph (4) of this subsection (d),
9		which Adjusted EAV figure shall be used for the purposes
10		of calculating Local Capacity.
11		(3) To calculate Real Receipts and EAV, the Department
12		of Revenue shall supply to the State Superintendent the
13		value as equalized or assessed by the Department of
14		Revenue of all taxable property of every Organizational
15		Unit, together with (i) the applicable tax rate used in
16		extending taxes for the funds of the Organizational Unit
17		as of September 30 of the previous year and (ii) the
18		limiting rate for all Organizational Units subject to
19		property tax extension limitations as imposed under PTELL.
20		(A) The Department of Revenue shall add to the
21		equalized assessed value of all taxable property of
22		each Organizational Unit situated entirely or
23		partially within a county that is or was subject to the
24		provisions of Section 15-176 or 15-177 of the Property
25		Tax Code (i) an amount equal to the total amount by
26		which the homestead exemption allowed under Section

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1		15-176 or 15-177 of the Property Tax Code for real
2		property situated in that Organizational Unit exceeds
3		the total amount that would have been allowed in that
4		Organizational Unit if the maximum reduction under
5		Section 15-176 was (I) $4,500 in Cook County or $3,500
6		in all other counties in tax year 2003 or (II) $5,000
7		in all counties in tax year 2004 and thereafter and
8		(ii) an amount equal to the aggregate amount for the
9		taxable year of all additional exemptions under
10		Section 15-175 of the Property Tax Code for owners
11		with a household income of $30,000 or less. The county
12		clerk of any county that is or was subject to the
13		provisions of Section 15-176 or 15-177 of the Property
14		Tax Code shall annually calculate and certify to the
15		Department of Revenue for each Organizational Unit all
16		homestead exemption amounts under Section 15-176 or
17		15-177 of the Property Tax Code and all amounts of
18		additional exemptions under Section 15-175 of the
19		Property Tax Code for owners with a household income
20		of $30,000 or less. It is the intent of this
21		subparagraph (A) that if the general homestead
22		exemption for a parcel of property is determined under
23		Section 15-176 or 15-177 of the Property Tax Code
24		rather than Section 15-175, then the calculation of
25		EAV shall not be affected by the difference, if any,
26		between the amount of the general homestead exemption

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1		allowed for that parcel of property under Section
2		15-176 or 15-177 of the Property Tax Code and the
3		amount that would have been allowed had the general
4		homestead exemption for that parcel of property been
5		determined under Section 15-175 of the Property Tax
6		Code. It is further the intent of this subparagraph
7		(A) that if additional exemptions are allowed under
8		Section 15-175 of the Property Tax Code for owners
9		with a household income of less than $30,000, then the
10		calculation of EAV shall not be affected by the
11		difference, if any, because of those additional
12		exemptions.
13		(B) With respect to any part of an Organizational
14		Unit within a redevelopment project area in respect to
15		which a municipality has adopted tax increment
16		allocation financing pursuant to the Tax Increment
17		Allocation Redevelopment Act, Division 74.4 of Article
18		11 of the Illinois Municipal Code, or the Industrial
19		Jobs Recovery Law, Division 74.6 of Article 11 of the
20		Illinois Municipal Code, no part of the current EAV of
21		real property located in any such project area that is
22		attributable to an increase above the total initial
23		EAV of such property shall be used as part of the EAV
24		of the Organizational Unit, until such time as all
25		redevelopment project costs have been paid, as
26		provided in Section 11-74.4-8 of the Tax Increment

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1		Allocation Redevelopment Act or in Section 11-74.6-35
2		of the Industrial Jobs Recovery Law. For the purpose
3		of the EAV of the Organizational Unit, the total
4		initial EAV or the current EAV, whichever is lower,
5		shall be used until such time as all redevelopment
6		project costs have been paid.
7		(B-5) The real property equalized assessed
8		valuation for a school district shall be adjusted by
9		subtracting from the real property value, as equalized
10		or assessed by the Department of Revenue, for the
11		district an amount computed by dividing the amount of
12		any abatement of taxes under Section 18-170 of the
13		Property Tax Code by 3.00% for a district maintaining
14		grades kindergarten through 12, by 2.30% for a
15		district maintaining grades kindergarten through 8, or
16		by 1.05% for a district maintaining grades 9 through
17		12 and adjusted by an amount computed by dividing the
18		amount of any abatement of taxes under subsection (a)
19		of Section 18-165 of the Property Tax Code by the same
20		percentage rates for district type as specified in
21		this subparagraph (B-5).
22		(C) For Organizational Units that are Hybrid
23		Districts, the State Superintendent shall use the
24		lesser of the adjusted equalized assessed valuation
25		for property within the partial elementary unit
26		district for elementary purposes, as defined in

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1		Article 11E of this Code, or the adjusted equalized
2		assessed valuation for property within the partial
3		elementary unit district for high school purposes, as
4		defined in Article 11E of this Code.
5		(D) If a school district's boundaries span
6		multiple counties, then the Department of Revenue
7		shall send to the State Board, for the purposes of
8		calculating Evidence-Based Funding, the limiting rate
9		and individual rates by purpose for the county that
10		contains the majority of the school district's
11		equalized assessed valuation.
12		(4) An Organizational Unit's Adjusted EAV shall be the
13		average of its EAV over the immediately preceding 3 years
14		or the lesser of its EAV in the immediately preceding year
15		or the average of its EAV over the immediately preceding 3
16		years if the EAV in the immediately preceding year has
17		declined by 10% or more when comparing the 2 most recent
18		years. In the event of Organizational Unit reorganization,
19		consolidation, or annexation, the Organizational Unit's
20		Adjusted EAV for the first 3 years after such change shall
21		be as follows: the most current EAV shall be used in the
22		first year, the average of a 2-year EAV or its EAV in the
23		immediately preceding year if the EAV declines by 10% or
24		more when comparing the 2 most recent years for the second
25		year, and the lesser of a 3-year average EAV or its EAV in
26		the immediately preceding year if the Adjusted EAV

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1		declines by 10% or more when comparing the 2 most recent
2		years for the third year. For any school district whose
3		EAV in the immediately preceding year is used in
4		calculations, in the following year, the Adjusted EAV
5		shall be the average of its EAV over the immediately
6		preceding 2 years or the immediately preceding year if
7		that year represents a decline of 10% or more when
8		comparing the 2 most recent years.
9		"PTELL EAV" means a figure calculated by the State
10		Board for Organizational Units subject to PTELL as
11		described in this paragraph (4) for the purposes of
12		calculating an Organizational Unit's Local Capacity Ratio.
13		Except as otherwise provided in this paragraph (4), the
14		PTELL EAV of an Organizational Unit shall be equal to the
15		product of the equalized assessed valuation last used in
16		the calculation of general State aid under Section 18-8.05
17		of this Code (now repealed) or Evidence-Based Funding
18		under this Section and the Organizational Unit's Extension
19		Limitation Ratio. If an Organizational Unit has approved
20		or does approve an increase in its limiting rate, pursuant
21		to Section 18-190 of the Property Tax Code, affecting the
22		Base Tax Year, the PTELL EAV shall be equal to the product
23		of the equalized assessed valuation last used in the
24		calculation of general State aid under Section 18-8.05 of
25		this Code (now repealed) or Evidence-Based Funding under
26		this Section multiplied by an amount equal to one plus the

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1		percentage increase, if any, in the Consumer Price Index
2		for All Urban Consumers for all items published by the
3		United States Department of Labor for the 12-month
4		calendar year preceding the Base Tax Year, plus the
5		equalized assessed valuation of new property, annexed
6		property, and recovered tax increment value and minus the
7		equalized assessed valuation of disconnected property.
8		As used in this paragraph (4), "new property" and
9		"recovered tax increment value" shall have the meanings
10		set forth in the Property Tax Extension Limitation Law.
11		(e) Base Funding Minimum calculation.
12		(1) For the 2017-2018 school year, the Base Funding
13		Minimum of an Organizational Unit or a Specially Funded
14		Unit shall be the amount of State funds distributed to the
15		Organizational Unit or Specially Funded Unit during the
16		2016-2017 school year prior to any adjustments and
17		specified appropriation amounts described in this
18		paragraph (1) from the following Sections, as calculated
19		by the State Superintendent: Section 18-8.05 of this Code
20		(now repealed); Section 5 of Article 224 of Public Act
21		99-524 (equity grants); Section 14-7.02b of this Code
22		(funding for children requiring special education
23		services); Section 14-13.01 of this Code (special
24		education facilities and staffing), except for
25		reimbursement of the cost of transportation pursuant to
26		Section 14-13.01; Section 14C-12 of this Code (English

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1		learners); and Section 18-4.3 of this Code (summer
2		school), based on an appropriation level of $13,121,600.
3		For a school district organized under Article 34 of this
4		Code, the Base Funding Minimum also includes (i) the funds
5		allocated to the school district pursuant to Section 1D-1
6		of this Code attributable to funding programs authorized
7		by the Sections of this Code listed in the preceding
8		sentence and (ii) the difference between (I) the funds
9		allocated to the school district pursuant to Section 1D-1
10		of this Code attributable to the funding programs
11		authorized by Section 14-7.02 (non-public special
12		education reimbursement), subsection (b) of Section
13		14-13.01 (special education transportation), Section 29-5
14		(transportation), Section 2-3.80 (agricultural
15		education), Section 2-3.66 (truants' alternative
16		education), Section 2-3.62 (educational service centers),
17		and Section 14-7.03 (special education - orphanage) of
18		this Code and Section 15 of the Childhood Hunger Relief
19		Act (free breakfast program) and (II) the school
20		district's actual expenditures for its non-public special
21		education, special education transportation,
22		transportation programs, agricultural education, truants'
23		alternative education, services that would otherwise be
24		performed by a regional office of education, special
25		education orphanage expenditures, and free breakfast, as
26		most recently calculated and reported pursuant to

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1		subsection (f) of Section 1D-1 of this Code. The Base
2		Funding Minimum for Glenwood Academy shall be $952,014
3		$625,500. For programs operated by a regional office of
4		education or an intermediate service center, the Base
5		Funding Minimum must be the total amount of State funds
6		allocated to those programs in the 2018-2019 school year
7		and amounts provided pursuant to Article 34 of Public Act
8		100-586 and Section 3-16 of this Code. All programs
9		established after June 5, 2019 (the effective date of
10		Public Act 101-10) and administered by a regional office
11		of education or an intermediate service center must have
12		an initial Base Funding Minimum set to an amount equal to
13		the first-year ASE multiplied by the amount of per pupil
14		funding received in the previous school year by the lowest
15		funded similar existing program type. If the enrollment
16		for a program operated by a regional office of education
17		or an intermediate service center is zero, then it may not
18		receive Base Funding Minimum funds for that program in the
19		next fiscal year, and those funds must be distributed to
20		Organizational Units under subsection (g).
21		(2) For the 2018-2019 and subsequent school years, the
22		Base Funding Minimum of Organizational Units and Specially
23		Funded Units shall be the sum of (i) the amount of
24		Evidence-Based Funding for the prior school year, (ii) the
25		Base Funding Minimum for the prior school year, and (iii)
26		any amount received by a school district pursuant to

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1		Section 7 of Article 97 of Public Act 100-21.
2		For the 2022-2023 school year, the Base Funding
3		Minimum of Organizational Units shall be the amounts
4		recalculated by the State Board of Education for Fiscal
5		Year 2019 through Fiscal Year 2022 that were necessary due
6		to average student enrollment errors for districts
7		organized under Article 34 of this Code, plus the Fiscal
8		Year 2022 property tax relief grants provided under
9		Section 2-3.170 of this Code, ensuring each Organizational
10		Unit has the correct amount of resources for Fiscal Year
11		2023 Evidence-Based Funding calculations and that Fiscal
12		Year 2023 Evidence-Based Funding Distributions are made in
13		accordance with this Section.
14		(3) Subject to approval by the General Assembly as
15		provided in this paragraph (3), an Organizational Unit
16		that meets all of the following criteria, as determined by
17		the State Board, shall have District Intervention Money
18		added to its Base Funding Minimum at the time the Base
19		Funding Minimum is calculated by the State Board:
20		(A) The Organizational Unit is operating under an
21		Independent Authority under Section 2-3.25f-5 of this
22		Code for a minimum of 4 school years or is subject to
23		the control of the State Board pursuant to a court
24		order for a minimum of 4 school years.
25		(B) The Organizational Unit was designated as a
26		Tier 1 or Tier 2 Organizational Unit in the previous

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1		school year under paragraph (3) of subsection (g) of
2		this Section.
3		(C) The Organizational Unit demonstrates
4		sustainability through a 5-year financial and
5		strategic plan.
6		(D) The Organizational Unit has made sufficient
7		progress and achieved sufficient stability in the
8		areas of governance, academic growth, and finances.
9		As part of its determination under this paragraph (3),
10		the State Board may consider the Organizational Unit's
11		summative designation, any accreditations of the
12		Organizational Unit, or the Organizational Unit's
13		financial profile, as calculated by the State Board.
14		If the State Board determines that an Organizational
15		Unit has met the criteria set forth in this paragraph (3),
16		it must submit a report to the General Assembly, no later
17		than January 2 of the fiscal year in which the State Board
18		makes it determination, on the amount of District
19		Intervention Money to add to the Organizational Unit's
20		Base Funding Minimum. The General Assembly must review the
21		State Board's report and may approve or disapprove, by
22		joint resolution, the addition of District Intervention
23		Money. If the General Assembly fails to act on the report
24		within 40 calendar days from the receipt of the report,
25		the addition of District Intervention Money is deemed
26		approved. If the General Assembly approves the amount of

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1		District Intervention Money to be added to the
2		Organizational Unit's Base Funding Minimum, the District
3		Intervention Money must be added to the Base Funding
4		Minimum annually thereafter.
5		For the first 4 years following the initial year that
6		the State Board determines that an Organizational Unit has
7		met the criteria set forth in this paragraph (3) and has
8		received funding under this Section, the Organizational
9		Unit must annually submit to the State Board, on or before
10		November 30, a progress report regarding its financial and
11		strategic plan under subparagraph (C) of this paragraph
12		(3). The plan shall include the financial data from the
13		past 4 annual financial reports or financial audits that
14		must be presented to the State Board by November 15 of each
15		year and the approved budget financial data for the
16		current year. The plan shall be developed according to the
17		guidelines presented to the Organizational Unit by the
18		State Board. The plan shall further include financial
19		projections for the next 3 fiscal years and include a
20		discussion and financial summary of the Organizational
21		Unit's facility needs. If the Organizational Unit does not
22		demonstrate sufficient progress toward its 5-year plan or
23		if it has failed to file an annual financial report, an
24		annual budget, a financial plan, a deficit reduction plan,
25		or other financial information as required by law, the
26		State Board may establish a Financial Oversight Panel

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1		under Article 1H of this Code. However, if the
2		Organizational Unit already has a Financial Oversight
3		Panel, the State Board may extend the duration of the
4		Panel.
5		(f) Percent of Adequacy and Final Resources calculation.
6		(1) The Evidence-Based Funding formula establishes a
7		Percent of Adequacy for each Organizational Unit in order
8		to place such units into tiers for the purposes of the
9		funding distribution system described in subsection (g) of
10		this Section. Initially, an Organizational Unit's
11		Preliminary Resources and Preliminary Percent of Adequacy
12		are calculated pursuant to paragraph (2) of this
13		subsection (f). Then, an Organizational Unit's Final
14		Resources and Final Percent of Adequacy are calculated to
15		account for the Organizational Unit's poverty
16		concentration levels pursuant to paragraphs (3) and (4) of
17		this subsection (f).
18		(2) An Organizational Unit's Preliminary Resources are
19		equal to the sum of its Local Capacity Target, CPPRT, and
20		Base Funding Minimum. An Organizational Unit's Preliminary
21		Percent of Adequacy is the lesser of (i) its Preliminary
22		Resources divided by its Adequacy Target or (ii) 100%.
23		(3) Except for Specially Funded Units, an
24		Organizational Unit's Final Resources are equal to the sum
25		of its Local Capacity, CPPRT, and Adjusted Base Funding
26		Minimum. The Base Funding Minimum of each Specially Funded

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1		Unit shall serve as its Final Resources, except that the
2		Base Funding Minimum for State-approved charter schools
3		shall not include any portion of general State aid
4		allocated in the prior year based on the per capita
5		tuition charge times the charter school enrollment.
6		(4) An Organizational Unit's Final Percent of Adequacy
7		is its Final Resources divided by its Adequacy Target. An
8		Organizational Unit's Adjusted Base Funding Minimum is
9		equal to its Base Funding Minimum less its Supplemental
10		Grant Funding, with the resulting figure added to the
11		product of its Supplemental Grant Funding and Preliminary
12		Percent of Adequacy.
13		(g) Evidence-Based Funding formula distribution system.
14		(1) In each school year under the Evidence-Based
15		Funding formula, each Organizational Unit receives funding
16		equal to the sum of its Base Funding Minimum and the unit's
17		allocation of New State Funds determined pursuant to this
18		subsection (g). To allocate New State Funds, the
19		Evidence-Based Funding formula distribution system first
20		places all Organizational Units into one of 4 tiers in
21		accordance with paragraph (3) of this subsection (g),
22		based on the Organizational Unit's Final Percent of
23		Adequacy. New State Funds are allocated to each of the 4
24		tiers as follows: Tier 1 Aggregate Funding equals 50% of
25		all New State Funds, Tier 2 Aggregate Funding equals 49%
26		of all New State Funds, Tier 3 Aggregate Funding equals

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1		0.9% of all New State Funds, and Tier 4 Aggregate Funding
2		equals 0.1% of all New State Funds. Each Organizational
3		Unit within Tier 1 or Tier 2 receives an allocation of New
4		State Funds equal to its tier Funding Gap, as defined in
5		the following sentence, multiplied by the tier's
6		Allocation Rate determined pursuant to paragraph (4) of
7		this subsection (g). For Tier 1, an Organizational Unit's
8		Funding Gap equals the tier's Target Ratio, as specified
9		in paragraph (5) of this subsection (g), multiplied by the
10		Organizational Unit's Adequacy Target, with the resulting
11		amount reduced by the Organizational Unit's Final
12		Resources. For Tier 2, an Organizational Unit's Funding
13		Gap equals the tier's Target Ratio, as described in
14		paragraph (5) of this subsection (g), multiplied by the
15		Organizational Unit's Adequacy Target, with the resulting
16		amount reduced by the Organizational Unit's Final
17		Resources and its Tier 1 funding allocation. To determine
18		the Organizational Unit's Funding Gap, the resulting
19		amount is then multiplied by a factor equal to one minus
20		the Organizational Unit's Local Capacity Target
21		percentage. Each Organizational Unit within Tier 3 or Tier
22		4 receives an allocation of New State Funds equal to the
23		product of its Adequacy Target and the tier's Allocation
24		Rate, as specified in paragraph (4) of this subsection
25		(g).
26		(2) To ensure equitable distribution of dollars for

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1		all Tier 2 Organizational Units, no Tier 2 Organizational
2		Unit shall receive fewer dollars per ASE than any Tier 3
3		Organizational Unit. Each Tier 2 and Tier 3 Organizational
4		Unit shall have its funding allocation divided by its ASE.
5		Any Tier 2 Organizational Unit with a funding allocation
6		per ASE below the greatest Tier 3 allocation per ASE shall
7		get a funding allocation equal to the greatest Tier 3
8		funding allocation per ASE multiplied by the
9		Organizational Unit's ASE. Each Tier 2 Organizational
10		Unit's Tier 2 funding allocation shall be multiplied by
11		the percentage calculated by dividing the original Tier 2
12		Aggregate Funding by the sum of all Tier 2 Organizational
13		Units' Tier 2 funding allocation after adjusting
14		districts' funding below Tier 3 levels.
15		(3) Organizational Units are placed into one of 4
16		tiers as follows:
17		(A) Tier 1 consists of all Organizational Units,
18		except for Specially Funded Units, with a Percent of
19		Adequacy less than the Tier 1 Target Ratio. The Tier 1
20		Target Ratio is the ratio level that allows for Tier 1
21		Aggregate Funding to be distributed, with the Tier 1
22		Allocation Rate determined pursuant to paragraph (4)
23		of this subsection (g).
24		(B) Tier 2 consists of all Tier 1 Units and all
25		other Organizational Units, except for Specially
26		Funded Units, with a Percent of Adequacy of less than

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1		0.90.
2		(C) Tier 3 consists of all Organizational Units,
3		except for Specially Funded Units, with a Percent of
4		Adequacy of at least 0.90 and less than 1.0.
5		(D) Tier 4 consists of all Organizational Units
6		with a Percent of Adequacy of at least 1.0.
7		(4) The Allocation Rates for Tiers 1 through 4 are
8		determined as follows:
9		(A) The Tier 1 Allocation Rate is 30%.
10		(B) The Tier 2 Allocation Rate is the result of the
11		following equation: Tier 2 Aggregate Funding, divided
12		by the sum of the Funding Gaps for all Tier 2
13		Organizational Units, unless the result of such
14		equation is higher than 1.0. If the result of such
15		equation is higher than 1.0, then the Tier 2
16		Allocation Rate is 1.0.
17		(C) The Tier 3 Allocation Rate is the result of the
18		following equation: Tier 3 Aggregate Funding, divided
19		by the sum of the Adequacy Targets of all Tier 3
20		Organizational Units.
21		(D) The Tier 4 Allocation Rate is the result of the
22		following equation: Tier 4 Aggregate Funding, divided
23		by the sum of the Adequacy Targets of all Tier 4
24		Organizational Units.
25		(5) A tier's Target Ratio is determined as follows:
26		(A) The Tier 1 Target Ratio is the ratio level that

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1		allows for Tier 1 Aggregate Funding to be distributed
2		with the Tier 1 Allocation Rate.
3		(B) The Tier 2 Target Ratio is 0.90.
4		(C) The Tier 3 Target Ratio is 1.0.
5		(6) If, at any point, the Tier 1 Target Ratio is
6		greater than 90%, then all Tier 1 funding shall be
7		allocated to Tier 2 and no Tier 1 Organizational Unit's
8		funding may be identified.
9		(7) In the event that all Tier 2 Organizational Units
10		receive funding at the Tier 2 Target Ratio level, any
11		remaining New State Funds shall be allocated to Tier 3 and
12		Tier 4 Organizational Units.
13		(8) If any Specially Funded Units, excluding Glenwood
14		Academy, recognized by the State Board do not qualify for
15		direct funding following the implementation of Public Act
16		100-465 from any of the funding sources included within
17		the definition of Base Funding Minimum, the unqualified
18		portion of the Base Funding Minimum shall be transferred
19		to one or more appropriate Organizational Units as
20		determined by the State Superintendent based on the prior
21		year ASE of the Organizational Units.
22		(8.5) If a school district withdraws from a special
23		education cooperative, the portion of the Base Funding
24		Minimum that is attributable to the school district may be
25		redistributed to the school district upon withdrawal. The
26		school district and the cooperative must include the

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1		amount of the Base Funding Minimum that is to be
2		reapportioned in their withdrawal agreement and notify the
3		State Board of the change with a copy of the agreement upon
4		withdrawal.
5		(9) The Minimum Funding Level is intended to establish
6		a target for State funding that will keep pace with
7		inflation and continue to advance equity through the
8		Evidence-Based Funding formula. The target for State
9		funding of New Property Tax Relief Pool Funds is
10		$50,000,000 for State fiscal year 2019 and subsequent
11		State fiscal years. The Minimum Funding Level is equal to
12		$350,000,000. In addition to any New State Funds, no more
13		than $50,000,000 New Property Tax Relief Pool Funds may be
14		counted toward the Minimum Funding Level. If the sum of
15		New State Funds and applicable New Property Tax Relief
16		Pool Funds are less than the Minimum Funding Level, than
17		funding for tiers shall be reduced in the following
18		manner:
19		(A) First, Tier 4 funding shall be reduced by an
20		amount equal to the difference between the Minimum
21		Funding Level and New State Funds until such time as
22		Tier 4 funding is exhausted.
23		(B) Next, Tier 3 funding shall be reduced by an
24		amount equal to the difference between the Minimum
25		Funding Level and New State Funds and the reduction in
26		Tier 4 funding until such time as Tier 3 funding is

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1		exhausted.
2		(C) Next, Tier 2 funding shall be reduced by an
3		amount equal to the difference between the Minimum
4		Funding Level and New State Funds and the reduction in
5		Tier 4 and Tier 3.
6		(D) Finally, Tier 1 funding shall be reduced by an
7		amount equal to the difference between the Minimum
8		Funding level and New State Funds and the reduction in
9		Tier 2, 3, and 4 funding. In addition, the Allocation
10		Rate for Tier 1 shall be reduced to a percentage equal
11		to the Tier 1 Allocation Rate set by paragraph (4) of
12		this subsection (g), multiplied by the result of New
13		State Funds divided by the Minimum Funding Level.
14		(9.5) For State fiscal year 2019 and subsequent State
15		fiscal years, if New State Funds exceed $300,000,000, then
16		any amount in excess of $300,000,000 shall be dedicated
17		for purposes of Section 2-3.170 of this Code up to a
18		maximum of $50,000,000.
19		(10) In the event of a decrease in the amount of the
20		appropriation for this Section in any fiscal year after
21		implementation of this Section, the Organizational Units
22		receiving Tier 1 and Tier 2 funding, as determined under
23		paragraph (3) of this subsection (g), shall be held
24		harmless by establishing a Base Funding Guarantee equal to
25		the per pupil kindergarten through grade 12 funding
26		received in accordance with this Section in the prior

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1		fiscal year. Reductions shall be made to the Base Funding
2		Minimum of Organizational Units in Tier 3 and Tier 4 on a
3		per pupil basis equivalent to the total number of the ASE
4		in Tier 3-funded and Tier 4-funded Organizational Units
5		divided by the total reduction in State funding. The Base
6		Funding Minimum as reduced shall continue to be applied to
7		Tier 3 and Tier 4 Organizational Units and adjusted by the
8		relative formula when increases in appropriations for this
9		Section resume. In no event may State funding reductions
10		to Organizational Units in Tier 3 or Tier 4 exceed an
11		amount that would be less than the Base Funding Minimum
12		established in the first year of implementation of this
13		Section. If additional reductions are required, all school
14		districts shall receive a reduction by a per pupil amount
15		equal to the aggregate additional appropriation reduction
16		divided by the total ASE of all Organizational Units.
17		(11) The State Superintendent shall make minor
18		adjustments to the distribution formula set forth in this
19		subsection (g) to account for the rounding of percentages
20		to the nearest tenth of a percentage and dollar amounts to
21		the nearest whole dollar.
22		(h) State Superintendent administration of funding and
23		district submission requirements.
24		(1) The State Superintendent shall, in accordance with
25		appropriations made by the General Assembly, meet the
26		funding obligations created under this Section.

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1		(2) The State Superintendent shall calculate the
2		Adequacy Target for each Organizational Unit under this
3		Section. No Evidence-Based Funding shall be distributed
4		within an Organizational Unit without the approval of the
5		unit's school board.
6		(3) Annually, the State Superintendent shall calculate
7		and report to each Organizational Unit the unit's
8		aggregate financial adequacy amount, which shall be the
9		sum of the Adequacy Target for each Organizational Unit.
10		The State Superintendent shall calculate and report
11		separately for each Organizational Unit the unit's total
12		State funds allocated for its students with disabilities.
13		The State Superintendent shall calculate and report
14		separately for each Organizational Unit the amount of
15		funding and applicable FTE calculated for each Essential
16		Element of the unit's Adequacy Target.
17		(4) Annually, the State Superintendent shall calculate
18		and report to each Organizational Unit the amount the unit
19		must expend on special education and bilingual education
20		and computer technology and equipment for Organizational
21		Units assigned to Tier 1 or Tier 2 that received an
22		additional $285.50 per student computer technology and
23		equipment investment grant to their Adequacy Target
24		pursuant to the unit's Base Funding Minimum, Special
25		Education Allocation, Bilingual Education Allocation, and
26		computer technology and equipment investment allocation.

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1		(5) Moneys distributed under this Section shall be
2		calculated on a school year basis, but paid on a fiscal
3		year basis, with payments beginning in August and
4		extending through June. Unless otherwise provided, the
5		moneys appropriated for each fiscal year shall be
6		distributed in 22 equal payments at least 2 times monthly
7		to each Organizational Unit. If moneys appropriated for
8		any fiscal year are distributed other than monthly, the
9		distribution shall be on the same basis for each
10		Organizational Unit.
11		(6) Any school district that fails, for any given
12		school year, to maintain school as required by law or to
13		maintain a recognized school is not eligible to receive
14		Evidence-Based Funding. In case of non-recognition of one
15		or more attendance centers in a school district otherwise
16		operating recognized schools, the claim of the district
17		shall be reduced in the proportion that the enrollment in
18		the attendance center or centers bears to the enrollment
19		of the school district. "Recognized school" means any
20		public school that meets the standards for recognition by
21		the State Board. A school district or attendance center
22		not having recognition status at the end of a school term
23		is entitled to receive State aid payments due upon a legal
24		claim that was filed while it was recognized.
25		(7) School district claims filed under this Section
26		are subject to Sections 18-9 and 18-12 of this Code,

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1		except as otherwise provided in this Section.
2		(8) Each fiscal year, the State Superintendent shall
3		calculate for each Organizational Unit an amount of its
4		Base Funding Minimum and Evidence-Based Funding that shall
5		be deemed attributable to the provision of special
6		educational facilities and services, as defined in Section
7		14-1.08 of this Code, in a manner that ensures compliance
8		with maintenance of State financial support requirements
9		under the federal Individuals with Disabilities Education
10		Act. An Organizational Unit must use such funds only for
11		the provision of special educational facilities and
12		services, as defined in Section 14-1.08 of this Code, and
13		must comply with any expenditure verification procedures
14		adopted by the State Board.
15		(9) All Organizational Units in this State must submit
16		annual spending plans by the end of September of each year
17		to the State Board as part of the annual budget process,
18		which shall describe how each Organizational Unit will
19		utilize the Base Funding Minimum and Evidence-Based
20		Funding it receives from this State under this Section
21		with specific identification of the intended utilization
22		of Low-Income, English learner, and special education
23		resources. Additionally, the annual spending plans of each
24		Organizational Unit shall describe how the Organizational
25		Unit expects to achieve student growth and how the
26		Organizational Unit will achieve State education goals, as

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1		defined by the State Board. The State Superintendent may,
2		from time to time, identify additional requisites for
3		Organizational Units to satisfy when compiling the annual
4		spending plans required under this subsection (h). The
5		format and scope of annual spending plans shall be
6		developed by the State Superintendent and the State Board
7		of Education. School districts that serve students under
8		Article 14C of this Code shall continue to submit
9		information as required under Section 14C-12 of this Code.
10		(10) No later than January 1, 2018, the State
11		Superintendent shall develop a 5-year strategic plan for
12		all Organizational Units to help in planning for adequacy
13		funding under this Section. The State Superintendent shall
14		submit the plan to the Governor and the General Assembly,
15		as provided in Section 3.1 of the General Assembly
16		Organization Act. The plan shall include recommendations
17		for:
18		(A) a framework for collaborative, professional,
19		innovative, and 21st century learning environments
20		using the Evidence-Based Funding model;
21		(B) ways to prepare and support this State's
22		educators for successful instructional careers;
23		(C) application and enhancement of the current
24		financial accountability measures, the approved State
25		plan to comply with the federal Every Student Succeeds
26		Act, and the Illinois Balanced Accountability Measures

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1		in relation to student growth and elements of the
2		Evidence-Based Funding model; and
3		(D) implementation of an effective school adequacy
4		funding system based on projected and recommended
5		funding levels from the General Assembly.
6		(11) On an annual basis, the State Superintendent must
7		recalibrate all of the following per pupil elements of the
8		Adequacy Target and applied to the formulas, based on the
9		study of average expenses and as reported in the most
10		recent annual financial report:
11		(A) Gifted under subparagraph (M) of paragraph (2)
12		of subsection (b).
13		(B) Instructional materials under subparagraph (O)
14		of paragraph (2) of subsection (b).
15		(C) Assessment under subparagraph (P) of paragraph
16		(2) of subsection (b).
17		(D) Student activities under subparagraph (R) of
18		paragraph (2) of subsection (b).
19		(E) Maintenance and operations under subparagraph
20		(S) of paragraph (2) of subsection (b).
21		(F) Central office under subparagraph (T) of
22		paragraph (2) of subsection (b).
23		(i) Professional Review Panel.
24		(1) A Professional Review Panel is created to study
25		and review topics related to the implementation and effect
26		of Evidence-Based Funding, as assigned by a joint

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1		resolution or Public Act of the General Assembly or a
2		motion passed by the State Board of Education. The Panel
3		must provide recommendations to and serve the Governor,
4		the General Assembly, and the State Board. The State
5		Superintendent or his or her designee must serve as a
6		voting member and chairperson of the Panel. The State
7		Superintendent must appoint a vice chairperson from the
8		membership of the Panel. The Panel must advance
9		recommendations based on a three-fifths majority vote of
10		Panel members present and voting. A minority opinion may
11		also accompany any recommendation of the Panel. The Panel
12		shall be appointed by the State Superintendent, except as
13		otherwise provided in paragraph (2) of this subsection (i)
14		and include the following members:
15		(A) Two appointees that represent district
16		superintendents, recommended by a statewide
17		organization that represents district superintendents.
18		(B) Two appointees that represent school boards,
19		recommended by a statewide organization that
20		represents school boards.
21		(C) Two appointees from districts that represent
22		school business officials, recommended by a statewide
23		organization that represents school business
24		officials.
25		(D) Two appointees that represent school
26		principals, recommended by a statewide organization

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1		that represents school principals.
2		(E) Two appointees that represent teachers,
3		recommended by a statewide organization that
4		represents teachers.
5		(F) Two appointees that represent teachers,
6		recommended by another statewide organization that
7		represents teachers.
8		(G) Two appointees that represent regional
9		superintendents of schools, recommended by
10		organizations that represent regional superintendents.
11		(H) Two independent experts selected solely by the
12		State Superintendent.
13		(I) Two independent experts recommended by public
14		universities in this State.
15		(J) One member recommended by a statewide
16		organization that represents parents.
17		(K) Two representatives recommended by collective
18		impact organizations that represent major metropolitan
19		areas or geographic areas in Illinois.
20		(L) One member from a statewide organization
21		focused on research-based education policy to support
22		a school system that prepares all students for
23		college, a career, and democratic citizenship.
24		(M) One representative from a school district
25		organized under Article 34 of this Code.
26		The State Superintendent shall ensure that the

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1		membership of the Panel includes representatives from
2		school districts and communities reflecting the
3		geographic, socio-economic, racial, and ethnic diversity
4		of this State. The State Superintendent shall additionally
5		ensure that the membership of the Panel includes
6		representatives with expertise in bilingual education and
7		special education. Staff from the State Board shall staff
8		the Panel.
9		(2) In addition to those Panel members appointed by
10		the State Superintendent, 4 members of the General
11		Assembly shall be appointed as follows: one member of the
12		House of Representatives appointed by the Speaker of the
13		House of Representatives, one member of the Senate
14		appointed by the President of the Senate, one member of
15		the House of Representatives appointed by the Minority
16		Leader of the House of Representatives, and one member of
17		the Senate appointed by the Minority Leader of the Senate.
18		There shall be one additional member appointed by the
19		Governor. All members appointed by legislative leaders or
20		the Governor shall be non-voting, ex officio members.
21		(3) The Panel must study topics at the direction of
22		the General Assembly or State Board of Education, as
23		provided under paragraph (1). The Panel may also study the
24		following topics at the direction of the chairperson:
25		(A) The format and scope of annual spending plans
26		referenced in paragraph (9) of subsection (h) of this

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1		Section.
2		(B) The Comparable Wage Index under this Section.
3		(C) Maintenance and operations, including capital
4		maintenance and construction costs.
5		(D) "At-risk student" definition.
6		(E) Benefits.
7		(F) Technology.
8		(G) Local Capacity Target.
9		(H) Funding for Alternative Schools, Laboratory
10		Schools, safe schools, and alternative learning
11		opportunities programs.
12		(I) Funding for college and career acceleration
13		strategies.
14		(J) Special education investments.
15		(K) Early childhood investments, in collaboration
16		with the Illinois Early Learning Council.
17		(4) (Blank).
18		(5) Within 5 years after the implementation of this
19		Section, and every 5 years thereafter, the Panel shall
20		complete an evaluative study of the entire Evidence-Based
21		Funding model, including an assessment of whether or not
22		the formula is achieving State goals. The Panel shall
23		report to the State Board, the General Assembly, and the
24		Governor on the findings of the study.
25		(6) (Blank).
26		(7) To ensure that (i) the Adequacy Target calculation

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1		under subsection (b) accurately reflects the needs of
2		students living in poverty or attending schools located in
3		areas of high poverty, (ii) racial equity within the
4		Evidence-Based Funding formula is explicitly explored and
5		advanced, and (iii) the funding goals of the formula
6		distribution system established under this Section are
7		sufficient to provide adequate funding for every student
8		and to fully fund every school in this State, the Panel
9		shall review the Essential Elements under paragraph (2) of
10		subsection (b). The Panel shall consider all of the
11		following in its review:
12		(A) The financial ability of school districts to
13		provide instruction in a foreign language to every
14		student and whether an additional Essential Element
15		should be added to the formula to ensure that every
16		student has access to instruction in a foreign
17		language.
18		(B) The adult-to-student ratio for each Essential
19		Element in which a ratio is identified. The Panel
20		shall consider whether the ratio accurately reflects
21		the staffing needed to support students living in
22		poverty or who have traumatic backgrounds.
23		(C) Changes to the Essential Elements that may be
24		required to better promote racial equity and eliminate
25		structural racism within schools.
26		(D) The impact of investing $350,000,000 in

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1		additional funds each year under this Section and an
2		estimate of when the school system will become fully
3		funded under this level of appropriation.
4		(E) Provide an overview of alternative funding
5		structures that would enable the State to become fully
6		funded at an earlier date.
7		(F) The potential to increase efficiency and to
8		find cost savings within the school system to expedite
9		the journey to a fully funded system.
10		(G) The appropriate levels for reenrolling and
11		graduating high-risk high school students who have
12		been previously out of school. These outcomes shall
13		include enrollment, attendance, skill gains, credit
14		gains, graduation or promotion to the next grade
15		level, and the transition to college, training, or
16		employment, with an emphasis on progressively
17		increasing the overall attendance.
18		(H) The evidence-based or research-based practices
19		that are shown to reduce the gaps and disparities
20		experienced by African American students in academic
21		achievement and educational performance, including
22		practices that have been shown to reduce disparities
23		in disciplinary rates, drop-out rates, graduation
24		rates, college matriculation rates, and college
25		completion rates.
26		On or before December 31, 2021, the Panel shall report

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1		to the State Board, the General Assembly, and the Governor
2		on the findings of its review. This paragraph (7) is
3		inoperative on and after July 1, 2022.
4		(8) On or before April 1, 2024, the Panel must submit a
5		report to the General Assembly on annual adjustments to
6		Glenwood Academy's base-funding minimum in a similar
7		fashion to school districts under this Section.
8		(j) References. Beginning July 1, 2017, references in
9		other laws to general State aid funds or calculations under
10		Section 18-8.05 of this Code (now repealed) shall be deemed to
11		be references to evidence-based model formula funds or
12		calculations under this Section.
13		(Source: P.A. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19;
14		101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 102-33, eff.
15		6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21;
16		102-699, eff. 4-19-22; 102-782, eff. 1-1-23; 102-813, eff.
17		5-13-22; 102-894, eff. 5-20-22; revised 12-13-22.)
18		(105 ILCS 5/27-23.1) (from Ch. 122, par. 27-23.1)
19		Sec. 27-23.1. Parenting education.
20		(a) The State Board of Education must assist each school
21		district that offers an evidence-based parenting education
22		model. School districts may provide instruction in parenting
23		education for grades 6 through 12 and include such instruction
24		in the courses of study regularly taught therein. School
25		districts may give regular school credit for satisfactory

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1		completion by the student of such courses.
2		As used in this subsection (a), "parenting education"
3		means and includes instruction in the following:
4		(1) Child growth and development, including prenatal
5		development.
6		(2) Childbirth and child care.
7		(3) Family structure, function and management.
8		(4) Prenatal and postnatal care for mothers and
9		infants.
10		(5) Prevention of child abuse.
11		(6) The physical, mental, emotional, social, economic
12		and psychological aspects of interpersonal and family
13		relationships.
14		(7) Parenting skill development.
15		The State Board of Education shall assist those districts
16		offering parenting education instruction, upon request, in
17		developing instructional materials, training teachers, and
18		establishing appropriate time allotments for each of the areas
19		included in such instruction.
20		School districts may offer parenting education courses
21		during that period of the day which is not part of the regular
22		school day. Residents of the school district may enroll in
23		such courses. The school board may establish fees and collect
24		such charges as may be necessary for attendance at such
25		courses in an amount not to exceed the per capita cost of the
26		operation thereof, except that the board may waive all or part

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1		of such charges if it determines that the individual is
2		indigent or that the educational needs of the individual
3		requires his or her attendance at such courses.
4		(b) Beginning with the 2019-2020 school year, from
5		appropriations made for the purposes of this Section, the
6		State Board of Education shall implement and administer a
7		7-year 3-year pilot program supporting the health and wellness
8		student-learning requirement by utilizing a unit of
9		instruction on parenting education in participating school
10		districts that maintain grades 9 through 12, to be determined
11		by the participating school districts. The program is
12		encouraged to include, but is not be limited to, instruction
13		on (i) family structure, function, and management, (ii) the
14		prevention of child abuse, (iii) the physical, mental,
15		emotional, social, economic, and psychological aspects of
16		interpersonal and family relationships, and (iv) parenting
17		education competency development that is aligned to the social
18		and emotional learning standards of the student's grade level.
19		Instruction under this subsection (b) may be included in the
20		Comprehensive Health Education Program set forth under Section
21		3 of the Critical Health Problems and Comprehensive Health
22		Education Act. The State Board of Education is authorized to
23		make grants to school districts that apply to participate in
24		the pilot program under this subsection (b). The State Board
25		of Education shall by rule provide for the form of the
26		application and criteria to be used and applied in selecting

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1		participating urban, suburban, and rural school districts. The
2		provisions of this subsection (b), other than this sentence,
3		are inoperative at the conclusion of the pilot program.
4		(Source: P.A. 100-1043, eff. 8-23-18.)
5		Section 5-100. The School Construction Law is amended by
6		changing Section 5-300 as follows:
7		(105 ILCS 230/5-300)
8		Sec. 5-300. Early childhood construction grants.
9		(a) The Capital Development Board is authorized to make
10		grants to public school districts and not-for-profit entities
11		for early childhood construction projects, except that in
12		fiscal year 2024 those grants may be made only to public school
13		districts. These grants shall be paid out of moneys
14		appropriated for that purpose from the School Construction
15		Fund, the Build Illinois Bond Fund, or the Rebuild Illinois
16		Projects Fund. No grants may be awarded to entities providing
17		services within private residences. A public school district
18		or other eligible entity must provide local matching funds in
19		the following manner:
20		(1) A public school district assigned to Tier 1 under
21		Section 18-8.15 of the School Code or any other eligible
22		entity in an area encompassed by that district must
23		provide local matching funds in an amount equal to 3% of
24		the grant awarded under this Section.

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1		(2) A public school district assigned to Tier 2 under
2		Section 18-8.15 of the School Code or any other eligible
3		entity in an area encompassed by that district must
4		provide local matching funds in an amount equal to 7.5% of
5		the grant awarded under this Section.
6		(3) A public school district assigned to Tier 3 under
7		Section 18-8.15 of the School Code or any other eligible
8		entity in an area encompassed by that district must
9		provide local matching funds in an amount equal to 8.75%
10		of the grant awarded under this Section.
11		(4) A public school district assigned to Tier 4 under
12		Section 18-8.15 of the School Code or any other eligible
13		entity in an area encompassed by that district must
14		provide local matching funds in an amount equal to 10% of
15		the grant awarded under this Section.
16		A public school district or other eligible entity has no
17		entitlement to a grant under this Section.
18		(b) The Capital Development Board shall adopt rules to
19		implement this Section. These rules need not be the same as the
20		rules for school construction project grants or school
21		maintenance project grants. The rules may specify:
22		(1) the manner of applying for grants;
23		(2) project eligibility requirements;
24		(3) restrictions on the use of grant moneys;
25		(4) the manner in which school districts and other
26		eligible entities must account for the use of grant

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1		moneys;
2		(5) requirements that new or improved facilities be
3		used for early childhood and other related programs for a
4		period of at least 10 years; and
5		(6) any other provision that the Capital Development
6		Board determines to be necessary or useful for the
7		administration of this Section.
8		(b-5) When grants are made to non-profit corporations for
9		the acquisition or construction of new facilities, the Capital
10		Development Board or any State agency it so designates shall
11		hold title to or place a lien on the facility for a period of
12		10 years after the date of the grant award, after which title
13		to the facility shall be transferred to the non-profit
14		corporation or the lien shall be removed, provided that the
15		non-profit corporation has complied with the terms of its
16		grant agreement. When grants are made to non-profit
17		corporations for the purpose of renovation or rehabilitation,
18		if the non-profit corporation does not comply with item (5) of
19		subsection (b) of this Section, the Capital Development Board
20		or any State agency it so designates shall recover the grant
21		pursuant to the procedures outlined in the Illinois Grant
22		Funds Recovery Act.
23		(c) The Capital Development Board, in consultation with
24		the State Board of Education, shall establish standards for
25		the determination of priority needs concerning early childhood
26		projects based on projects located in communities in the State

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1		with the greatest underserved population of young children,
2		utilizing Census data and other reliable local early childhood
3		service data.
4		(d) In each school year in which early childhood
5		construction project grants are awarded, 20% of the total
6		amount awarded shall be awarded to a school district with a
7		population of more than 500,000, provided that the school
8		district complies with the requirements of this Section and
9		the rules adopted under this Section.
10		(Source: P.A. 102-16, eff. 6-17-21.)
11		Section 5-104. The Public Community College Act is amended
12		by changing Section 2-16.02 as follows:
13		(110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
14		Sec. 2-16.02. Grants. Any community college district that
15		maintains a community college recognized by the State Board
16		shall receive, when eligible, grants enumerated in this
17		Section. Funded semester credit hours or other measures or
18		both as specified by the State Board shall be used to
19		distribute grants to community colleges. Funded semester
20		credit hours shall be defined, for purposes of this Section,
21		as the greater of (1) the number of semester credit hours, or
22		equivalent, in all funded instructional categories of students
23		who have been certified as being in attendance at midterm
24		during the respective terms of the base fiscal year or (2) the

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1		average of semester credit hours, or equivalent, in all funded
2		instructional categories of students who have been certified
3		as being in attendance at midterm during the respective terms
4		of the base fiscal year and the 2 prior fiscal years. For
5		purposes of this Section, "base fiscal year" means the fiscal
6		year 2 years prior to the fiscal year for which the grants are
7		appropriated. Such students shall have been residents of
8		Illinois and shall have been enrolled in courses that are part
9		of instructional program categories approved by the State
10		Board and that are applicable toward an associate degree or
11		certificate. Courses that are eligible for reimbursement are
12		those courses for which the district pays 50% or more of the
13		program costs from unrestricted revenue sources, with the
14		exception of dual credit courses and courses offered by
15		contract with the Department of Corrections in correctional
16		institutions. For the purposes of this Section, "unrestricted
17		revenue sources" means those revenues in which the provider of
18		the revenue imposes no financial limitations upon the district
19		as it relates to the expenditure of the funds. Except for
20		Fiscal Year 2012, base operating grants shall be paid based on
21		rates per funded semester credit hour or equivalent calculated
22		by the State Board for funded instructional categories using
23		cost of instruction, enrollment, inflation, and other relevant
24		factors. For Fiscal Year 2012, the allocations for base
25		operating grants to community college districts shall be the
26		same as they were in Fiscal Year 2011, reduced or increased

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1		proportionately according to the appropriation for base
2		operating grants for Fiscal Year 2012.
3		Equalization grants shall be calculated by the State Board
4		by determining a local revenue factor for each district by:
5		(A) adding (1) each district's Corporate Personal Property
6		Replacement Fund allocations from the base fiscal year or the
7		average of the base fiscal year and prior year, whichever is
8		less, divided by the applicable statewide average tax rate to
9		(2) the district's most recently audited year's equalized
10		assessed valuation or the average of the most recently audited
11		year and prior year, whichever is less, (B) then dividing by
12		the district's audited full-time equivalent resident students
13		for the base fiscal year or the average for the base fiscal
14		year and the 2 prior fiscal years, whichever is greater, and
15		(C) then multiplying by the applicable statewide average tax
16		rate. The State Board shall calculate a statewide weighted
17		average threshold by applying the same methodology to the
18		totals of all districts' Corporate Personal Property Tax
19		Replacement Fund allocations, equalized assessed valuations,
20		and audited full-time equivalent district resident students
21		and multiplying by the applicable statewide average tax rate.
22		The difference between the statewide weighted average
23		threshold and the local revenue factor, multiplied by the
24		number of full-time equivalent resident students, shall
25		determine the amount of equalization funding that each
26		district is eligible to receive. A percentage factor, as

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1		determined by the State Board, may be applied to the statewide
2		threshold as a method for allocating equalization funding. A
3		minimum equalization grant of an amount per district as
4		determined by the State Board shall be established for any
5		community college district which qualifies for an equalization
6		grant based upon the preceding criteria, but becomes
7		ineligible for equalization funding, or would have received a
8		grant of less than the minimum equalization grant, due to
9		threshold prorations applied to reduce equalization funding.
10		As of July 1, 2013, a community college district eligible to
11		receive an equalization grant based upon the preceding
12		criteria must maintain a minimum required combined in-district
13		tuition and universal fee rate per semester credit hour equal
14		to 70% of the State-average combined rate, as determined by
15		the State Board, or the total revenue received by the
16		community college district from combined in-district tuition
17		and universal fees must be at least 30% of the total revenue
18		received by the community college district, as determined by
19		the State Board, for equalization funding. As of July 1, 2004,
20		a community college district must maintain a minimum required
21		operating tax rate equal to at least 95% of its maximum
22		authorized tax rate to qualify for equalization funding. This
23		95% minimum tax rate requirement shall be based upon the
24		maximum operating tax rate as limited by the Property Tax
25		Extension Limitation Law.
26		The State Board shall distribute such other grants as may

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1		be authorized or appropriated by the General Assembly. The
2		State Board may adopt any rules necessary for the purposes of
3		implementing and distributing funds pursuant to an authorized
4		or appropriated grant.
5		Each community college district entitled to State grants
6		under this Section must submit a report of its enrollment to
7		the State Board not later than 30 days following the end of
8		each semester or term in a format prescribed by the State
9		Board. These semester credit hours, or equivalent, shall be
10		certified by each district on forms provided by the State
11		Board. Each district's certified semester credit hours, or
12		equivalent, are subject to audit pursuant to Section 3-22.1.
13		The State Board shall certify, prepare, and submit monthly
14		vouchers to the State Comptroller setting forth an amount
15		equal to one-twelfth of the grants approved by the State Board
16		for base operating grants and equalization grants. The State
17		Board shall prepare and submit to the State Comptroller
18		vouchers for payments of other grants as appropriated by the
19		General Assembly. If the amount appropriated for grants is
20		different from the amount provided for such grants under this
21		Act, the grants shall be proportionately reduced or increased
22		accordingly.
23		For the purposes of this Section, "resident student" means
24		a student in a community college district who maintains
25		residency in that district or meets other residency
26		definitions established by the State Board, and who was

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1		enrolled either in one of the approved instructional program
2		categories in that district, or in another community college
3		district to which the resident's district is paying tuition
4		under Section 6-2 or with which the resident's district has
5		entered into a cooperative agreement in lieu of such tuition.
6		Students shall be classified as residents of the community
7		college district without meeting the 30-day residency
8		requirement of the district if they are currently residing in
9		the district and are youth (i) who are currently under the
10		legal guardianship of the Illinois Department of Children and
11		Family Services or have recently been emancipated from the
12		Department and (ii) who had previously met the 30-day
13		residency requirement of the district but who had a placement
14		change into a new community college district. The student, a
15		caseworker or other personnel of the Department, or the
16		student's attorney or guardian ad litem appointed under the
17		Juvenile Court Act of 1987 shall provide the district with
18		proof of current in-district residency.
19		For the purposes of this Section, a "full-time equivalent"
20		student is equal to 30 semester credit hours.
21		The Illinois Community College Board Contracts and Grants
22		Fund is hereby created in the State Treasury. Items of income
23		to this fund shall include any grants, awards, endowments, or
24		like proceeds, and where appropriate, other funds made
25		available through contracts with governmental, public, and
26		private agencies or persons. The General Assembly shall from

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1		time to time make appropriations payable from such fund for
2		the support, improvement, and expenses of the State Board and
3		Illinois community college districts.
4		(Source: P.A. 99-845, eff. 1-1-17; 100-884, eff. 1-1-19.)
5		Section 5-105. The Higher Education Student Assistance Act
6		is amended by changing Sections 35 and 65.100 as follows:
7		(110 ILCS 947/35)
8		Sec. 35. Monetary award program.
9		(a) The Commission shall, each year, receive and consider
10		applications for grant assistance under this Section. Subject
11		to a separate appropriation for such purposes, an applicant is
12		eligible for a grant under this Section when the Commission
13		finds that the applicant:
14		(1) is a resident of this State and a citizen or
15		permanent resident of the United States;
16		(2) is enrolled or has been accepted for enrollment in
17		a qualified institution for the purpose of obtaining a
18		degree, certificate, or other credential offered by the
19		institution, as applicable; and
20		(3) in the absence of grant assistance, will be
21		deterred by financial considerations from completing an
22		educational program at the qualified institution of his or
23		her choice.
24		(b) The Commission shall award renewals only upon the

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1		student's application and upon the Commission's finding that
2		the applicant:
3		(1) has remained a student in good standing;
4		(2) remains a resident of this State; and
5		(3) is in a financial situation that continues to
6		warrant assistance.
7		(c) All grants shall be applicable only to tuition and
8		necessary fee costs. The Commission shall determine the grant
9		amount for each student, which shall not exceed the smallest
10		of the following amounts:
11		(1) subject to appropriation, $5,468 for fiscal year
12		2009, $5,968 for fiscal year 2010, $6,468 for fiscal year
13		2011 and each fiscal year thereafter through fiscal year
14		2022, and $8,508 for fiscal year 2023, and $10,896 for
15		fiscal year 2024 and each fiscal year thereafter, or such
16		lesser amount as the Commission finds to be available,
17		during an academic year;
18		(2) the amount which equals 2 semesters or 3 quarters
19		tuition and other necessary fees required generally by the
20		institution of all full-time undergraduate students; or
21		(3) such amount as the Commission finds to be
22		appropriate in view of the applicant's financial
23		resources.
24		Subject to appropriation, the maximum grant amount for
25		students not subject to subdivision (1) of this subsection (c)
26		must be increased by the same percentage as any increase made

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1		by law to the maximum grant amount under subdivision (1) of
2		this subsection (c).
3		"Tuition and other necessary fees" as used in this Section
4		include the customary charge for instruction and use of
5		facilities in general, and the additional fixed fees charged
6		for specified purposes, which are required generally of
7		nongrant recipients for each academic period for which the
8		grant applicant actually enrolls, but do not include fees
9		payable only once or breakage fees and other contingent
10		deposits which are refundable in whole or in part. The
11		Commission may prescribe, by rule not inconsistent with this
12		Section, detailed provisions concerning the computation of
13		tuition and other necessary fees.
14		(d) No applicant, including those presently receiving
15		scholarship assistance under this Act, is eligible for
16		monetary award program consideration under this Act after
17		receiving a baccalaureate degree or the equivalent of 135
18		semester credit hours of award payments.
19		(d-5) In this subsection (d-5), "renewing applicant" means
20		a student attending an institution of higher learning who
21		received a Monetary Award Program grant during the prior
22		academic year. Beginning with the processing of applications
23		for the 2020-2021 academic year, the Commission shall annually
24		publish a priority deadline date for renewing applicants.
25		Subject to appropriation, a renewing applicant who files by
26		the published priority deadline date shall receive a grant if

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1		he or she continues to meet the eligibility requirements under
2		this Section. A renewing applicant's failure to apply by the
3		priority deadline date established under this subsection (d-5)
4		shall not disqualify him or her from receiving a grant if
5		sufficient funding is available to provide awards after that
6		date.
7		(e) The Commission, in determining the number of grants to
8		be offered, shall take into consideration past experience with
9		the rate of grant funds unclaimed by recipients. The
10		Commission shall notify applicants that grant assistance is
11		contingent upon the availability of appropriated funds.
12		(e-5) The General Assembly finds and declares that it is
13		an important purpose of the Monetary Award Program to
14		facilitate access to college both for students who pursue
15		postsecondary education immediately following high school and
16		for those who pursue postsecondary education later in life,
17		particularly Illinoisans who are dislocated workers with
18		financial need and who are seeking to improve their economic
19		position through education. For the 2015-2016 and 2016-2017
20		academic years, the Commission shall give additional and
21		specific consideration to the needs of dislocated workers with
22		the intent of allowing applicants who are dislocated workers
23		an opportunity to secure financial assistance even if applying
24		later than the general pool of applicants. The Commission's
25		consideration shall include, in determining the number of
26		grants to be offered, an estimate of the resources needed to

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1		serve dislocated workers who apply after the Commission
2		initially suspends award announcements for the upcoming
3		regular academic year, but prior to the beginning of that
4		academic year. For the purposes of this subsection (e-5), a
5		dislocated worker is defined as in the federal Workforce
6		Innovation and Opportunity Act.
7		(f) (Blank).
8		(g) The Commission shall determine the eligibility of and
9		make grants to applicants enrolled at qualified for-profit
10		institutions in accordance with the criteria set forth in this
11		Section. The eligibility of applicants enrolled at such
12		for-profit institutions shall be limited as follows:
13		(1) Beginning with the academic year 1997, only to
14		eligible first-time freshmen and first-time transfer
15		students who have attained an associate degree.
16		(2) Beginning with the academic year 1998, only to
17		eligible freshmen students, transfer students who have
18		attained an associate degree, and students who receive a
19		grant under paragraph (1) for the academic year 1997 and
20		whose grants are being renewed for the academic year 1998.
21		(3) Beginning with the academic year 1999, to all
22		eligible students.
23		(h) The Commission may award a grant to an eligible
24		applicant enrolled at an Illinois public institution of higher
25		learning in a program that will culminate in the award of an
26		occupational or career and technical certificate as that term

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1		is defined in 23 Ill. Adm. Code 1501.301.
2		(i) The Commission may adopt rules to implement this
3		Section.
4		(Source: P.A. 101-81, eff. 7-12-19; 102-699, eff. 4-19-22.)
5		(110 ILCS 947/65.100)
6		(Section scheduled to be repealed on October 1, 2024)
7		Sec. 65.100. AIM HIGH Grant Pilot Program.
8		(a) The General Assembly makes all of the following
9		findings:
10		(1) Both access and affordability are important
11		aspects of the Illinois Public Agenda for College and
12		Career Success report.
13		(2) This State is in the top quartile with respect to
14		the percentage of family income needed to pay for college.
15		(3) Research suggests that as loan amounts increase,
16		rather than an increase in grant amounts, the probability
17		of college attendance decreases.
18		(4) There is further research indicating that
19		socioeconomic status may affect the willingness of
20		students to use loans to attend college.
21		(5) Strategic use of tuition discounting can decrease
22		the amount of loans that students must use to pay for
23		tuition.
24		(6) A modest, individually tailored tuition discount
25		can make the difference in a student choosing to attend

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1		college and enhance college access for low-income and
2		middle-income families.
3		(7) Even if the federally calculated financial need
4		for college attendance is met, the federally determined
5		Expected Family Contribution can still be a daunting
6		amount.
7		(8) This State is the second largest exporter of
8		students in the country.
9		(9) When talented Illinois students attend
10		universities in this State, the State and those
11		universities benefit.
12		(10) State universities in other states have adopted
13		pricing and incentives that allow many Illinois residents
14		to pay less to attend an out-of-state university than to
15		remain in this State for college.
16		(11) Supporting Illinois student attendance at
17		Illinois public universities can assist in State efforts
18		to maintain and educate a highly trained workforce.
19		(12) Modest tuition discounts that are individually
20		targeted and tailored can result in enhanced revenue for
21		public universities.
22		(13) By increasing a public university's capacity to
23		strategically use tuition discounting, the public
24		university will be capable of creating enhanced tuition
25		revenue by increasing enrollment yields.
26		(b) In this Section:

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1		"Eligible applicant" means a student from any high school
2		in this State, whether or not recognized by the State Board of
3		Education, who is engaged in a program of study that in due
4		course will be completed by the end of the school year and who
5		meets all of the qualifications and requirements under this
6		Section.
7		"Tuition and other necessary fees" includes the customary
8		charge for instruction and use of facilities in general and
9		the additional fixed fees charged for specified purposes that
10		are required generally of non-grant recipients for each
11		academic period for which the grant applicant actually
12		enrolls, but does not include fees payable only once or
13		breakage fees and other contingent deposits that are
14		refundable in whole or in part. The Commission may adopt, by
15		rule not inconsistent with this Section, detailed provisions
16		concerning the computation of tuition and other necessary
17		fees.
18		(c) Beginning with the 2019-2020 academic year, each
19		public university may establish a merit-based scholarship
20		pilot program known as the AIM HIGH Grant Pilot Program. Each
21		year, the Commission shall receive and consider applications
22		from public universities under this Section. Subject to
23		appropriation and any tuition waiver limitation established by
24		the Board of Higher Education, a public university campus may
25		award a grant to a student under this Section if it finds that
26		the applicant meets all of the following criteria:

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1		(1) He or she is a resident of this State and a citizen
2		or eligible noncitizen of the United States.
3		(2) He or she files a Free Application for Federal
4		Student Aid and demonstrates financial need with a
5		household income no greater than 8 6 times the poverty
6		guidelines updated periodically in the Federal Register by
7		the U.S. Department of Health and Human Services under the
8		authority of 42 U.S.C. 9902(2). The household income of
9		the applicant at the time of initial application shall be
10		deemed to be the household income of the applicant for the
11		duration of the pilot program.
12		(3) He or she meets the minimum cumulative grade point
13		average or ACT or SAT college admissions test score, as
14		determined by the public university campus.
15		(4) He or she is enrolled in a public university as an
16		undergraduate student on a full-time basis.
17		(5) He or she has not yet received a baccalaureate
18		degree or the equivalent of 135 semester credit hours.
19		(6) He or she is not incarcerated.
20		(7) He or she is not in default on any student loan or
21		does not owe a refund or repayment on any State or federal
22		grant or scholarship.
23		(8) Any other reasonable criteria, as determined by
24		the public university campus.
25		(d) Each public university campus shall determine grant
26		renewal criteria consistent with the requirements under this

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1		Section.
2		(e) Each participating public university campus shall post
3		on its Internet website criteria and eligibility requirements
4		for receiving awards that use funds under this Section that
5		include a range in the sizes of these individual awards. The
6		criteria and amounts must also be reported to the Commission
7		and the Board of Higher Education, who shall post the
8		information on their respective Internet websites.
9		(f) After enactment of an appropriation for this Program,
10		the Commission shall determine an allocation of funds to each
11		public university in an amount proportionate to the number of
12		undergraduate students who are residents of this State and
13		citizens or eligible noncitizens of the United States and who
14		were enrolled at each public university campus in the previous
15		academic year. All applications must be made to the Commission
16		on or before a date determined by the Commission and on forms
17		that the Commission shall provide to each public university
18		campus. The form of the application and the information
19		required shall be determined by the Commission and shall
20		include, without limitation, the total public university
21		campus funds used to match funds received from the Commission
22		in the previous academic year under this Section, if any, the
23		total enrollment of undergraduate students who are residents
24		of this State from the previous academic year, and any
25		supporting documents as the Commission deems necessary. Each
26		public university campus shall match the amount of funds

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1		received by the Commission with financial aid for eligible
2		students.
3		A public university in which an average of at least 49% of
4		the students seeking a bachelor's degree or certificate
5		received a Pell Grant over the prior 3 academic years, as
6		reported to the Commission, shall match 20% of the amount of
7		funds awarded in a given academic year with non-loan financial
8		aid for eligible students. A public university in which an
9		average of less than 49% of the students seeking a bachelor's
10		degree or certificate received a Pell Grant over the prior 3
11		academic years, as reported to the Commission, shall match 60%
12		of the amount of funds awarded in a given academic year with
13		non-loan financial aid for eligible students.
14		A public university campus is not required to claim its
15		entire allocation. The Commission shall make available to all
16		public universities, on a date determined by the Commission,
17		any unclaimed funds and the funds must be made available to
18		those public university campuses in the proportion determined
19		under this subsection (f), excluding from the calculation
20		those public university campuses not claiming their full
21		allocations.
22		Each public university campus may determine the award
23		amounts for eligible students on an individual or broad basis,
24		but, subject to renewal eligibility, each renewed award may
25		not be less than the amount awarded to the eligible student in
26		his or her first year attending the public university campus.

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1		Notwithstanding this limitation, a renewal grant may be
2		reduced due to changes in the student's cost of attendance,
3		including, but not limited to, if a student reduces the number
4		of credit hours in which he or she is enrolled, but remains a
5		full-time student, or switches to a course of study with a
6		lower tuition rate.
7		An eligible applicant awarded grant assistance under this
8		Section is eligible to receive other financial aid. Total
9		grant aid to the student from all sources may not exceed the
10		total cost of attendance at the public university campus.
11		(g) All money allocated to a public university campus
12		under this Section may be used only for financial aid purposes
13		for students attending the public university campus during the
14		academic year, not including summer terms. Notwithstanding any
15		other provision of law to the contrary, any funds received by a
16		public university campus under this Section that are not
17		granted to students in the academic year for which the funds
18		are received may be retained by the public university campus
19		for expenditure on students participating in the Program or
20		students eligible to participate in the Program.
21		(h) Each public university campus that establishes a
22		Program under this Section must annually report to the
23		Commission, on or before a date determined by the Commission,
24		the number of undergraduate students enrolled at that campus
25		who are residents of this State.
26		(i) Each public university campus must report to the

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1		Commission the total non-loan financial aid amount given by
2		the public university campus to undergraduate students in the
3		2017-2018 academic year, not including the summer term. To be
4		eligible to receive funds under the Program, a public
5		university campus may not decrease the total amount of
6		non-loan financial aid it gives to undergraduate students, not
7		including any funds received from the Commission under this
8		Section or any funds used to match grant awards under this
9		Section, to an amount lower than the reported amount for the
10		2017-2018 academic year, not including the summer term.
11		(j) On or before a date determined by the Commission, each
12		public university campus that participates in the Program
13		under this Section shall annually submit a report to the
14		Commission with all of the following information:
15		(1) The Program's impact on tuition revenue and
16		enrollment goals and increase in access and affordability
17		at the public university campus.
18		(2) Total funds received by the public university
19		campus under the Program.
20		(3) Total non-loan financial aid awarded to
21		undergraduate students attending the public university
22		campus.
23		(4) Total amount of funds matched by the public
24		university campus.
25		(5) Total amount of claimed and unexpended funds
26		retained by the public university campus.

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1		(6) The percentage of total financial aid distributed
2		under the Program by the public university campus.
3		(7) The total number of students receiving grants from
4		the public university campus under the Program and those
5		students' grade level, race, gender, income level, family
6		size, Monetary Award Program eligibility, Pell Grant
7		eligibility, and zip code of residence and the amount of
8		each grant award. This information shall include unit
9		record data on those students regarding variables
10		associated with the parameters of the public university's
11		Program, including, but not limited to, a student's ACT or
12		SAT college admissions test score, high school or
13		university cumulative grade point average, or program of
14		study.
15		On or before October 1, 2020 and annually on or before
16		October 1 thereafter, the Commission shall submit a report
17		with the findings under this subsection (j) and any other
18		information regarding the AIM HIGH Grant Pilot Program to (i)
19		the Governor, (ii) the Speaker of the House of
20		Representatives, (iii) the Minority Leader of the House of
21		Representatives, (iv) the President of the Senate, and (v) the
22		Minority Leader of the Senate. The reports to the General
23		Assembly shall be filed with the Clerk of the House of
24		Representatives and the Secretary of the Senate in electronic
25		form only, in the manner that the Clerk and the Secretary shall
26		direct. The Commission's report may not disaggregate data to a

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1		level that may disclose personally identifying information of
2		individual students.
3		The sharing and reporting of student data under this
4		subsection (j) must be in accordance with the requirements
5		under the federal Family Educational Rights and Privacy Act of
6		1974 and the Illinois School Student Records Act. All parties
7		must preserve the confidentiality of the information as
8		required by law. The names of the grant recipients under this
9		Section are not subject to disclosure under the Freedom of
10		Information Act.
11		Public university campuses that fail to submit a report
12		under this subsection (j) or that fail to adhere to any other
13		requirements under this Section may not be eligible for
14		distribution of funds under the Program for the next academic
15		year, but may be eligible for distribution of funds for each
16		academic year thereafter.
17		(k) The Commission shall adopt rules to implement this
18		Section.
19		(l) This Section is repealed on October 1, 2024.
20		(Source: P.A. 100-587, eff. 6-4-18; 100-1015, eff. 8-21-18;
21		100-1183, eff. 4-4-19; 101-81, eff. 7-12-19; 101-613, eff.
22		6-1-20; 101-643, eff. 6-18-20; 101-654, eff. 3-8-21.)
23		Section 5-110. If and only if House Bill 2041 of the 103rd
24		General Assembly becomes law, then the Private College Act is
25		amended by adding Section 14.12 as follows:

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1		(110 ILCS 1005/14.12 new)
2		Sec. 14.12. Transfer of Fund Balance. On the effective
3		date of this Section, or as soon thereafter as practical, the
4		State Comptroller shall direct and the State Treasurer shall
5		transfer the remaining balance from the Private College
6		Academic Quality Assurance Fund into the Academic Quality
7		Assurance Fund. Upon completion of the transfer, the Private
8		College Academic Quality Assurance Fund is dissolved, and any
9		future deposits due to that Fund and any outstanding
10		obligations or liabilities of that Fund pass to the Academic
11		Quality Assurance Fund. This Section is repealed on January 1,
12		2024.
13		Section 5-120. The Illinois Health Benefits Exchange Law
14		is amended by adding Section 5-30 as follows:
15		(215 ILCS 122/5-30 new)
16		Sec. 5-30. Transfers from Insurance Producer
17		Administration Fund. During fiscal year 2024 only, at the
18		direction of and upon notification from the Director of
19		Insurance, the State Comptroller shall direct and the State
20		Treasurer shall transfer up to a total of $10,000,000 from the
21		Insurance Producer Administration Fund to the Illinois Health
22		Benefits Exchange Fund. This Section is repealed on January 1,
23		2025.

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1		Section 5-121. The Auction License Act is amended by
2		changing Section 10-50 as follows:
3		(225 ILCS 407/10-50)
4		(Section scheduled to be repealed on January 1, 2030)
5		Sec. 10-50. Fees; disposition of funds.
6		(a) The Department shall establish by rule a schedule of
7		fees for the administration and maintenance of this Act. Such
8		fees shall be nonrefundable.
9		(b) Prior to July 1, 2023, all fees collected under this
10		Act shall be deposited into the General Professions Dedicated
11		Fund and appropriated to the Department for the ordinary and
12		contingent expenses of the Department in the administration of
13		this Act. Beginning on July 1, 2023, all fees, fines,
14		penalties, or other monies received or collected pursuant to
15		this Act shall be deposited in the Division of Real Estate
16		General Fund. On or after July 1, 2023, at the direction of the
17		Department, the Comptroller shall direct and the Treasurer
18		shall transfer the remaining balance of funds collected under
19		this Act from the General Professions Dedicated Fund to the
20		Division of Real Estate General Fund.
21		(Source: P.A. 102-970, eff. 5-27-22.)
22		Section 5-123. The Illinois Horse Racing Act of 1975 is
23		amended by changing Sections 30 and 31 as follows:

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1		(230 ILCS 5/30) (from Ch. 8, par. 37-30)
2		Sec. 30. (a) The General Assembly declares that it is the
3		policy of this State to encourage the breeding of thoroughbred
4		horses in this State and the ownership of such horses by
5		residents of this State in order to provide for: sufficient
6		numbers of high quality thoroughbred horses to participate in
7		thoroughbred racing meetings in this State, and to establish
8		and preserve the agricultural and commercial benefits of such
9		breeding and racing industries to the State of Illinois. It is
10		the intent of the General Assembly to further this policy by
11		the provisions of this Act.
12		(b) Each organization licensee conducting a thoroughbred
13		racing meeting pursuant to this Act shall provide at least two
14		races each day limited to Illinois conceived and foaled horses
15		or Illinois foaled horses or both. A minimum of 6 races shall
16		be conducted each week limited to Illinois conceived and
17		foaled or Illinois foaled horses or both. No horses shall be
18		permitted to start in such races unless duly registered under
19		the rules of the Department of Agriculture.
20		(c) Conditions of races under subsection (b) shall be
21		commensurate with past performance, quality, and class of
22		Illinois conceived and foaled and Illinois foaled horses
23		available. If, however, sufficient competition cannot be had
24		among horses of that class on any day, the races may, with
25		consent of the Board, be eliminated for that day and

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1		substitute races provided.
2		(d) There is hereby created a special fund of the State
3		Treasury to be known as the Illinois Thoroughbred Breeders
4		Fund.
5		Beginning on June 28, 2019 (the effective date of Public
6		Act 101-31) this amendatory Act of the 101st General Assembly,
7		the Illinois Thoroughbred Breeders Fund shall become a
8		non-appropriated trust fund held separate from State moneys.
9		Expenditures from this Fund shall no longer be subject to
10		appropriation.
11		Except as provided in subsection (g) of Section 27 of this
12		Act, 8.5% of all the monies received by the State as privilege
13		taxes on Thoroughbred racing meetings shall be paid into the
14		Illinois Thoroughbred Breeders Fund.
15		Notwithstanding any provision of law to the contrary,
16		amounts deposited into the Illinois Thoroughbred Breeders Fund
17		from revenues generated by gaming pursuant to an organization
18		gaming license issued under the Illinois Gambling Act after
19		June 28, 2019 (the effective date of Public Act 101-31) this
20		amendatory Act of the 101st General Assembly shall be in
21		addition to tax and fee amounts paid under this Section for
22		calendar year 2019 and thereafter.
23		(e) The Illinois Thoroughbred Breeders Fund shall be
24		administered by the Department of Agriculture with the advice
25		and assistance of the Advisory Board created in subsection (f)
26		of this Section.

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1		(f) The Illinois Thoroughbred Breeders Fund Advisory Board
2		shall consist of the Director of the Department of
3		Agriculture, who shall serve as Chairman; a member of the
4		Illinois Racing Board, designated by it; 2 representatives of
5		the organization licensees conducting thoroughbred racing
6		meetings, recommended by them; 2 representatives of the
7		Illinois Thoroughbred Breeders and Owners Foundation,
8		recommended by it; one representative of the Horsemen's
9		Benevolent Protective Association; and one representative from
10		the Illinois Thoroughbred Horsemen's Association. Advisory
11		Board members shall serve for 2 years commencing January 1 of
12		each odd numbered year. If representatives of the organization
13		licensees conducting thoroughbred racing meetings, the
14		Illinois Thoroughbred Breeders and Owners Foundation, the
15		Horsemen's Benevolent Protection Association, and the Illinois
16		Thoroughbred Horsemen's Association have not been recommended
17		by January 1, of each odd numbered year, the Director of the
18		Department of Agriculture shall make an appointment for the
19		organization failing to so recommend a member of the Advisory
20		Board. Advisory Board members shall receive no compensation
21		for their services as members but shall be reimbursed for all
22		actual and necessary expenses and disbursements incurred in
23		the execution of their official duties.
24		(g) Monies expended from the Illinois Thoroughbred
25		Breeders Fund shall be expended by the Department of
26		Agriculture, with the advice and assistance of the Illinois

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1		Thoroughbred Breeders Fund Advisory Board, for the following
2		purposes only:
3		(1) To provide purse supplements to owners of horses
4		participating in races limited to Illinois conceived and
5		foaled and Illinois foaled horses. Any such purse
6		supplements shall not be included in and shall be paid in
7		addition to any purses, stakes, or breeders' awards
8		offered by each organization licensee as determined by
9		agreement between such organization licensee and an
10		organization representing the horsemen. No monies from the
11		Illinois Thoroughbred Breeders Fund shall be used to
12		provide purse supplements for claiming races in which the
13		minimum claiming price is less than $7,500.
14		(2) To provide stakes and awards to be paid to the
15		owners of the winning horses in certain races limited to
16		Illinois conceived and foaled and Illinois foaled horses
17		designated as stakes races.
18		(2.5) To provide an award to the owner or owners of an
19		Illinois conceived and foaled or Illinois foaled horse
20		that wins a maiden special weight, an allowance, overnight
21		handicap race, or claiming race with claiming price of
22		$10,000 or more providing the race is not restricted to
23		Illinois conceived and foaled or Illinois foaled horses.
24		Awards shall also be provided to the owner or owners of
25		Illinois conceived and foaled and Illinois foaled horses
26		that place second or third in those races. To the extent

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1		that additional moneys are required to pay the minimum
2		additional awards of 40% of the purse the horse earns for
3		placing first, second or third in those races for Illinois
4		foaled horses and of 60% of the purse the horse earns for
5		placing first, second or third in those races for Illinois
6		conceived and foaled horses, those moneys shall be
7		provided from the purse account at the track where earned.
8		(3) To provide stallion awards to the owner or owners
9		of any stallion that is duly registered with the Illinois
10		Thoroughbred Breeders Fund Program whose duly registered
11		Illinois conceived and foaled offspring wins a race
12		conducted at an Illinois thoroughbred racing meeting other
13		than a claiming race, provided that the stallion stood
14		service within Illinois at the time the offspring was
15		conceived and that the stallion did not stand for service
16		outside of Illinois at any time during the year in which
17		the offspring was conceived.
18		(4) To provide $75,000 annually for purses to be
19		distributed to county fairs that provide for the running
20		of races during each county fair exclusively for the
21		thoroughbreds conceived and foaled in Illinois. The
22		conditions of the races shall be developed by the county
23		fair association and reviewed by the Department with the
24		advice and assistance of the Illinois Thoroughbred
25		Breeders Fund Advisory Board. There shall be no wagering
26		of any kind on the running of Illinois conceived and

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1		foaled races at county fairs.
2		(4.1) To provide purse money for an Illinois stallion
3		stakes program.
4		(5) No less than 90% of all monies expended from the
5		Illinois Thoroughbred Breeders Fund shall be expended for
6		the purposes in (1), (2), (2.5), (3), (4), (4.1), and (5)
7		as shown above.
8		(6) To provide for educational programs regarding the
9		thoroughbred breeding industry.
10		(7) To provide for research programs concerning the
11		health, development and care of the thoroughbred horse.
12		(8) To provide for a scholarship and training program
13		for students of equine veterinary medicine.
14		(9) To provide for dissemination of public information
15		designed to promote the breeding of thoroughbred horses in
16		Illinois.
17		(10) To provide for all expenses incurred in the
18		administration of the Illinois Thoroughbred Breeders Fund.
19		(h) The Illinois Thoroughbred Breeders Fund is not subject
20		to administrative charges or chargebacks, including, but not
21		limited to, those authorized under Section 8h of the State
22		Finance Act.
23		(i) A sum equal to 13% of the first prize money of every
24		purse won by an Illinois foaled or Illinois conceived and
25		foaled horse in races not limited to Illinois foaled horses or
26		Illinois conceived and foaled horses, or both, shall be paid

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1		by the organization licensee conducting the horse race
2		meeting. Such sum shall be paid 50% from the organization
3		licensee's share of the money wagered and 50% from the purse
4		account as follows: 11 1/2% to the breeder of the winning horse
5		and 1 1/2% to the organization representing thoroughbred
6		breeders and owners who representative serves on the Illinois
7		Thoroughbred Breeders Fund Advisory Board for verifying the
8		amounts of breeders' awards earned, ensuring their
9		distribution in accordance with this Act, and servicing and
10		promoting the Illinois thoroughbred horse racing industry.
11		Beginning in the calendar year in which an organization
12		licensee that is eligible to receive payments under paragraph
13		(13) of subsection (g) of Section 26 of this Act begins to
14		receive funds from gaming pursuant to an organization gaming
15		license issued under the Illinois Gambling Act, a sum equal to
16		21 1/2% of the first prize money of every purse won by an
17		Illinois foaled or an Illinois conceived and foaled horse in
18		races not limited to an Illinois conceived and foaled horse,
19		or both, shall be paid 30% from the organization licensee's
20		account and 70% from the purse account as follows: 20% to the
21		breeder of the winning horse and 1 1/2% to the organization
22		representing thoroughbred breeders and owners whose
23		representatives serve on the Illinois Thoroughbred Breeders
24		Fund Advisory Board for verifying the amounts of breeders'
25		awards earned, ensuring their distribution in accordance with
26		this Act, and servicing and promoting the Illinois

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1		Thoroughbred racing industry. The organization representing
2		thoroughbred breeders and owners shall cause all expenditures
3		of monies received under this subsection (i) to be audited at
4		least annually by a registered public accountant. The
5		organization shall file copies of each annual audit with the
6		Racing Board, the Clerk of the House of Representatives and
7		the Secretary of the Senate, and shall make copies of each
8		annual audit available to the public upon request and upon
9		payment of the reasonable cost of photocopying the requested
10		number of copies. Such payments shall not reduce any award to
11		the owner of the horse or reduce the taxes payable under this
12		Act. Upon completion of its racing meet, each organization
13		licensee shall deliver to the organization representing
14		thoroughbred breeders and owners whose representative serves
15		on the Illinois Thoroughbred Breeders Fund Advisory Board a
16		listing of all the Illinois foaled and the Illinois conceived
17		and foaled horses which won breeders' awards and the amount of
18		such breeders' awards under this subsection to verify accuracy
19		of payments and assure proper distribution of breeders' awards
20		in accordance with the provisions of this Act. Such payments
21		shall be delivered by the organization licensee within 30 days
22		of the end of each race meeting.
23		(j) A sum equal to 13% of the first prize money won in
24		every race limited to Illinois foaled horses or Illinois
25		conceived and foaled horses, or both, shall be paid in the
26		following manner by the organization licensee conducting the

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1		horse race meeting, 50% from the organization licensee's share
2		of the money wagered and 50% from the purse account as follows:
3		11 1/2% to the breeders of the horses in each such race which
4		are the official first, second, third, and fourth finishers
5		and 1 1/2% to the organization representing thoroughbred
6		breeders and owners whose representatives serve on the
7		Illinois Thoroughbred Breeders Fund Advisory Board for
8		verifying the amounts of breeders' awards earned, ensuring
9		their proper distribution in accordance with this Act, and
10		servicing and promoting the Illinois horse racing industry.
11		Beginning in the calendar year in which an organization
12		licensee that is eligible to receive payments under paragraph
13		(13) of subsection (g) of Section 26 of this Act begins to
14		receive funds from gaming pursuant to an organization gaming
15		license issued under the Illinois Gambling Act, a sum of 21
16		1/2% of every purse in a race limited to Illinois foaled horses
17		or Illinois conceived and foaled horses, or both, shall be
18		paid by the organization licensee conducting the horse race
19		meeting. Such sum shall be paid 30% from the organization
20		licensee's account and 70% from the purse account as follows:
21		20% to the breeders of the horses in each such race who are
22		official first, second, third and fourth finishers and 1 1/2%
23		to the organization representing thoroughbred breeders and
24		owners whose representatives serve on the Illinois
25		Thoroughbred Breeders Fund Advisory Board for verifying the
26		amounts of breeders' awards earned, ensuring their proper

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1		distribution in accordance with this Act, and servicing and
2		promoting the Illinois thoroughbred horse racing industry. The
3		organization representing thoroughbred breeders and owners
4		shall cause all expenditures of moneys received under this
5		subsection (j) to be audited at least annually by a registered
6		public accountant. The organization shall file copies of each
7		annual audit with the Racing Board, the Clerk of the House of
8		Representatives and the Secretary of the Senate, and shall
9		make copies of each annual audit available to the public upon
10		request and upon payment of the reasonable cost of
11		photocopying the requested number of copies. The copies of the
12		audit to the General Assembly shall be filed with the Clerk of
13		the House of Representatives and the Secretary of the Senate
14		in electronic form only, in the manner that the Clerk and the
15		Secretary shall direct.
16		The amounts paid to the breeders in accordance with this
17		subsection shall be distributed as follows:
18		(1) 60% of such sum shall be paid to the breeder of the
19		horse which finishes in the official first position;
20		(2) 20% of such sum shall be paid to the breeder of the
21		horse which finishes in the official second position;
22		(3) 15% of such sum shall be paid to the breeder of the
23		horse which finishes in the official third position; and
24		(4) 5% of such sum shall be paid to the breeder of the
25		horse which finishes in the official fourth position.
26		Such payments shall not reduce any award to the owners of a

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1		horse or reduce the taxes payable under this Act. Upon
2		completion of its racing meet, each organization licensee
3		shall deliver to the organization representing thoroughbred
4		breeders and owners whose representative serves on the
5		Illinois Thoroughbred Breeders Fund Advisory Board a listing
6		of all the Illinois foaled and the Illinois conceived and
7		foaled horses which won breeders' awards and the amount of
8		such breeders' awards in accordance with the provisions of
9		this Act. Such payments shall be delivered by the organization
10		licensee within 30 days of the end of each race meeting.
11		(k) The term "breeder", as used herein, means the owner of
12		the mare at the time the foal is dropped. An "Illinois foaled
13		horse" is a foal dropped by a mare which enters this State on
14		or before December 1, in the year in which the horse is bred,
15		provided the mare remains continuously in this State until its
16		foal is born. An "Illinois foaled horse" also means a foal born
17		of a mare in the same year as the mare enters this State on or
18		before March 1, and remains in this State at least 30 days
19		after foaling, is bred back during the season of the foaling to
20		an Illinois Registered Stallion (unless a veterinarian
21		certifies that the mare should not be bred for health
22		reasons), and is not bred to a stallion standing in any other
23		state during the season of foaling. An "Illinois foaled horse"
24		also means a foal born in Illinois of a mare purchased at
25		public auction subsequent to the mare entering this State on
26		or before March 1 of the foaling year providing the mare is

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1		owned solely by one or more Illinois residents or an Illinois
2		entity that is entirely owned by one or more Illinois
3		residents.
4		(l) The Department of Agriculture shall, by rule, with the
5		advice and assistance of the Illinois Thoroughbred Breeders
6		Fund Advisory Board:
7		(1) Qualify stallions for Illinois breeding; such
8		stallions to stand for service within the State of
9		Illinois at the time of a foal's conception. Such stallion
10		must not stand for service at any place outside the State
11		of Illinois during the calendar year in which the foal is
12		conceived. The Department of Agriculture may assess and
13		collect an application fee of up to $500 for the
14		registration of Illinois-eligible stallions. All fees
15		collected are to be held in trust accounts for the
16		purposes set forth in this Act and in accordance with
17		Section 205-15 of the Department of Agriculture Law.
18		(2) Provide for the registration of Illinois conceived
19		and foaled horses and Illinois foaled horses. No such
20		horse shall compete in the races limited to Illinois
21		conceived and foaled horses or Illinois foaled horses or
22		both unless registered with the Department of Agriculture.
23		The Department of Agriculture may prescribe such forms as
24		are necessary to determine the eligibility of such horses.
25		The Department of Agriculture may assess and collect
26		application fees for the registration of Illinois-eligible

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1		foals. All fees collected are to be held in trust accounts
2		for the purposes set forth in this Act and in accordance
3		with Section 205-15 of the Department of Agriculture Law.
4		No person shall knowingly prepare or cause preparation of
5		an application for registration of such foals containing
6		false information.
7		(m) The Department of Agriculture, with the advice and
8		assistance of the Illinois Thoroughbred Breeders Fund Advisory
9		Board, shall provide that certain races limited to Illinois
10		conceived and foaled and Illinois foaled horses be stakes
11		races and determine the total amount of stakes and awards to be
12		paid to the owners of the winning horses in such races.
13		In determining the stakes races and the amount of awards
14		for such races, the Department of Agriculture shall consider
15		factors, including but not limited to, the amount of money
16		transferred into appropriated for the Illinois Thoroughbred
17		Breeders Fund program, organization licensees' contributions,
18		availability of stakes caliber horses as demonstrated by past
19		performances, whether the race can be coordinated into the
20		proposed racing dates within organization licensees' racing
21		dates, opportunity for colts and fillies and various age
22		groups to race, public wagering on such races, and the
23		previous racing schedule.
24		(n) The Board and the organization licensee shall notify
25		the Department of the conditions and minimum purses for races
26		limited to Illinois conceived and foaled and Illinois foaled

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1		horses conducted for each organization licensee conducting a
2		thoroughbred racing meeting. The Department of Agriculture
3		with the advice and assistance of the Illinois Thoroughbred
4		Breeders Fund Advisory Board may allocate monies for purse
5		supplements for such races. In determining whether to allocate
6		money and the amount, the Department of Agriculture shall
7		consider factors, including but not limited to, the amount of
8		money transferred into appropriated for the Illinois
9		Thoroughbred Breeders Fund program, the number of races that
10		may occur, and the organization licensee's purse structure.
11		(o) (Blank).
12		(Source: P.A. 101-31, eff. 6-28-19.)
13		(230 ILCS 5/31) (from Ch. 8, par. 37-31)
14		Sec. 31. (a) The General Assembly declares that it is the
15		policy of this State to encourage the breeding of standardbred
16		horses in this State and the ownership of such horses by
17		residents of this State in order to provide for: sufficient
18		numbers of high quality standardbred horses to participate in
19		harness racing meetings in this State, and to establish and
20		preserve the agricultural and commercial benefits of such
21		breeding and racing industries to the State of Illinois. It is
22		the intent of the General Assembly to further this policy by
23		the provisions of this Section of this Act.
24		(b) Each organization licensee conducting a harness racing
25		meeting pursuant to this Act shall provide for at least two

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1		races each race program limited to Illinois conceived and
2		foaled horses. A minimum of 6 races shall be conducted each
3		week limited to Illinois conceived and foaled horses. No
4		horses shall be permitted to start in such races unless duly
5		registered under the rules of the Department of Agriculture.
6		(b-5) Organization licensees, not including the Illinois
7		State Fair or the DuQuoin State Fair, shall provide stake
8		races and early closer races for Illinois conceived and foaled
9		horses so that purses distributed for such races shall be no
10		less than 17% of total purses distributed for harness racing
11		in that calendar year in addition to any stakes payments and
12		starting fees contributed by horse owners.
13		(b-10) Each organization licensee conducting a harness
14		racing meeting pursuant to this Act shall provide an owner
15		award to be paid from the purse account equal to 12% of the
16		amount earned by Illinois conceived and foaled horses
17		finishing in the first 3 positions in races that are not
18		restricted to Illinois conceived and foaled horses. The owner
19		awards shall not be paid on races below the $10,000 claiming
20		class.
21		(c) Conditions of races under subsection (b) shall be
22		commensurate with past performance, quality and class of
23		Illinois conceived and foaled horses available. If, however,
24		sufficient competition cannot be had among horses of that
25		class on any day, the races may, with consent of the Board, be
26		eliminated for that day and substitute races provided.

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1		(d) There is hereby created a special fund of the State
2		Treasury to be known as the Illinois Standardbred Breeders
3		Fund. Beginning on June 28, 2019 (the effective date of Public
4		Act 101-31), the Illinois Standardbred Breeders Fund shall
5		become a non-appropriated trust fund held separate and apart
6		from State moneys. Expenditures from this Fund shall no longer
7		be subject to appropriation.
8		During the calendar year 1981, and each year thereafter,
9		except as provided in subsection (g) of Section 27 of this Act,
10		eight and one-half per cent of all the monies received by the
11		State as privilege taxes on harness racing meetings shall be
12		paid into the Illinois Standardbred Breeders Fund.
13		(e) Notwithstanding any provision of law to the contrary,
14		amounts deposited into the Illinois Standardbred Breeders Fund
15		from revenues generated by gaming pursuant to an organization
16		gaming license issued under the Illinois Gambling Act after
17		June 28, 2019 (the effective date of Public Act 101-31) shall
18		be in addition to tax and fee amounts paid under this Section
19		for calendar year 2019 and thereafter. The Illinois
20		Standardbred Breeders Fund shall be administered by the
21		Department of Agriculture with the assistance and advice of
22		the Advisory Board created in subsection (f) of this Section.
23		(f) The Illinois Standardbred Breeders Fund Advisory Board
24		is hereby created. The Advisory Board shall consist of the
25		Director of the Department of Agriculture, who shall serve as
26		Chairman; the Superintendent of the Illinois State Fair; a

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1		member of the Illinois Racing Board, designated by it; a
2		representative of the largest association of Illinois
3		standardbred owners and breeders, recommended by it; a
4		representative of a statewide association representing
5		agricultural fairs in Illinois, recommended by it, such
6		representative to be from a fair at which Illinois conceived
7		and foaled racing is conducted; a representative of the
8		organization licensees conducting harness racing meetings,
9		recommended by them; a representative of the Breeder's
10		Committee of the association representing the largest number
11		of standardbred owners, breeders, trainers, caretakers, and
12		drivers, recommended by it; and a representative of the
13		association representing the largest number of standardbred
14		owners, breeders, trainers, caretakers, and drivers,
15		recommended by it. Advisory Board members shall serve for 2
16		years commencing January 1 of each odd numbered year. If
17		representatives of the largest association of Illinois
18		standardbred owners and breeders, a statewide association of
19		agricultural fairs in Illinois, the association representing
20		the largest number of standardbred owners, breeders, trainers,
21		caretakers, and drivers, a member of the Breeder's Committee
22		of the association representing the largest number of
23		standardbred owners, breeders, trainers, caretakers, and
24		drivers, and the organization licensees conducting harness
25		racing meetings have not been recommended by January 1 of each
26		odd numbered year, the Director of the Department of

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1		Agriculture shall make an appointment for the organization
2		failing to so recommend a member of the Advisory Board.
3		Advisory Board members shall receive no compensation for their
4		services as members but shall be reimbursed for all actual and
5		necessary expenses and disbursements incurred in the execution
6		of their official duties.
7		(g) Monies expended from the Illinois Standardbred
8		Breeders Fund shall be expended by the Department of
9		Agriculture, with the assistance and advice of the Illinois
10		Standardbred Breeders Fund Advisory Board for the following
11		purposes only:
12		1. To provide purses for races limited to Illinois
13		conceived and foaled horses at the State Fair and the
14		DuQuoin State Fair.
15		2. To provide purses for races limited to Illinois
16		conceived and foaled horses at county fairs.
17		3. To provide purse supplements for races limited to
18		Illinois conceived and foaled horses conducted by
19		associations conducting harness racing meetings.
20		4. No less than 75% of all monies in the Illinois
21		Standardbred Breeders Fund shall be expended for purses in
22		1, 2, and 3 as shown above.
23		5. In the discretion of the Department of Agriculture
24		to provide awards to harness breeders of Illinois
25		conceived and foaled horses which win races conducted by
26		organization licensees conducting harness racing meetings.

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1		A breeder is the owner of a mare at the time of conception.
2		No more than 10% of all moneys transferred into monies
3		appropriated from the Illinois Standardbred Breeders Fund
4		shall be expended for such harness breeders awards. No
5		more than 25% of the amount expended for harness breeders
6		awards shall be expended for expenses incurred in the
7		administration of such harness breeders awards.
8		6. To pay for the improvement of racing facilities
9		located at the State Fair and County fairs.
10		7. To pay the expenses incurred in the administration
11		of the Illinois Standardbred Breeders Fund.
12		8. To promote the sport of harness racing, including
13		grants up to a maximum of $7,500 per fair per year for
14		conducting pari-mutuel wagering during the advertised
15		dates of a county fair.
16		9. To pay up to $50,000 annually for the Department of
17		Agriculture to conduct drug testing at county fairs racing
18		standardbred horses.
19		(h) The Illinois Standardbred Breeders Fund is not subject
20		to administrative charges or chargebacks, including, but not
21		limited to, those authorized under Section 8h of the State
22		Finance Act.
23		(i) A sum equal to 13% of the first prize money of the
24		gross purse won by an Illinois conceived and foaled horse
25		shall be paid 50% by the organization licensee conducting the
26		horse race meeting to the breeder of such winning horse from

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1		the organization licensee's account and 50% from the purse
2		account of the licensee. Such payment shall not reduce any
3		award to the owner of the horse or reduce the taxes payable
4		under this Act. Such payment shall be delivered by the
5		organization licensee at the end of each quarter.
6		(j) The Department of Agriculture shall, by rule, with the
7		assistance and advice of the Illinois Standardbred Breeders
8		Fund Advisory Board:
9		1. Qualify stallions for Illinois Standardbred
10		Breeders Fund breeding. Such stallion shall stand for
11		service at and within the State of Illinois at the time of
12		a foal's conception, and such stallion must not stand for
13		service at any place outside the State of Illinois during
14		that calendar year in which the foal is conceived.
15		However, on and after January 1, 2018, semen from an
16		Illinois stallion may be transported outside the State of
17		Illinois.
18		2. Provide for the registration of Illinois conceived
19		and foaled horses and no such horse shall compete in the
20		races limited to Illinois conceived and foaled horses
21		unless registered with the Department of Agriculture. The
22		Department of Agriculture may prescribe such forms as may
23		be necessary to determine the eligibility of such horses.
24		No person shall knowingly prepare or cause preparation of
25		an application for registration of such foals containing
26		false information. A mare (dam) must be in the State at

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1		least 30 days prior to foaling or remain in the State at
2		least 30 days at the time of foaling. However, the
3		requirement that a mare (dam) must be in the State at least
4		30 days before foaling or remain in the State at least 30
5		days at the time of foaling shall not be in effect from
6		January 1, 2018 until January 1, 2022. Beginning with the
7		1996 breeding season and for foals of 1997 and thereafter,
8		a foal conceived by transported semen may be eligible for
9		Illinois conceived and foaled registration provided all
10		breeding and foaling requirements are met. The stallion
11		must be qualified for Illinois Standardbred Breeders Fund
12		breeding at the time of conception. The foal must be
13		dropped in Illinois and properly registered with the
14		Department of Agriculture in accordance with this Act.
15		However, from January 1, 2018 until January 1, 2022, the
16		requirement for a mare to be inseminated within the State
17		of Illinois and the requirement for a foal to be dropped in
18		Illinois are inapplicable.
19		3. Provide that at least a 5-day racing program shall
20		be conducted at the State Fair each year, unless an
21		alternate racing program is requested by the Illinois
22		Standardbred Breeders Fund Advisory Board, which program
23		shall include at least the following races limited to
24		Illinois conceived and foaled horses: (a) a 2-year-old
25		Trot and Pace, and Filly Division of each; (b) a
26		3-year-old Trot and Pace, and Filly Division of each; (c)

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1		an aged Trot and Pace, and Mare Division of each.
2		4. Provide for the payment of nominating, sustaining
3		and starting fees for races promoting the sport of harness
4		racing and for the races to be conducted at the State Fair
5		as provided in subsection (j) 3 of this Section provided
6		that the nominating, sustaining and starting payment
7		required from an entrant shall not exceed 2% of the purse
8		of such race. All nominating, sustaining and starting
9		payments shall be held for the benefit of entrants and
10		shall be paid out as part of the respective purses for such
11		races. Nominating, sustaining and starting fees shall be
12		held in trust accounts for the purposes as set forth in
13		this Act and in accordance with Section 205-15 of the
14		Department of Agriculture Law.
15		5. Provide for the registration with the Department of
16		Agriculture of Colt Associations or county fairs desiring
17		to sponsor races at county fairs.
18		6. Provide for the promotion of producing standardbred
19		racehorses by providing a bonus award program for owners
20		of 2-year-old horses that win multiple major stakes races
21		that are limited to Illinois conceived and foaled horses.
22		(k) The Department of Agriculture, with the advice and
23		assistance of the Illinois Standardbred Breeders Fund Advisory
24		Board, may allocate monies for purse supplements for such
25		races. In determining whether to allocate money and the
26		amount, the Department of Agriculture shall consider factors,

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1		including, but not limited to, the amount of money transferred
2		into appropriated for the Illinois Standardbred Breeders Fund
3		program, the number of races that may occur, and an
4		organization licensee's purse structure. The organization
5		licensee shall notify the Department of Agriculture of the
6		conditions and minimum purses for races limited to Illinois
7		conceived and foaled horses to be conducted by each
8		organization licensee conducting a harness racing meeting for
9		which purse supplements have been negotiated.
10		(l) All races held at county fairs and the State Fair which
11		receive funds from the Illinois Standardbred Breeders Fund
12		shall be conducted in accordance with the rules of the United
13		States Trotting Association unless otherwise modified by the
14		Department of Agriculture.
15		(m) At all standardbred race meetings held or conducted
16		under authority of a license granted by the Board, and at all
17		standardbred races held at county fairs which are approved by
18		the Department of Agriculture or at the Illinois or DuQuoin
19		State Fairs, no one shall jog, train, warm up or drive a
20		standardbred horse unless he or she is wearing a protective
21		safety helmet, with the chin strap fastened and in place,
22		which meets the standards and requirements as set forth in the
23		1984 Standard for Protective Headgear for Use in Harness
24		Racing and Other Equestrian Sports published by the Snell
25		Memorial Foundation, or any standards and requirements for
26		headgear the Illinois Racing Board may approve. Any other

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1		standards and requirements so approved by the Board shall
2		equal or exceed those published by the Snell Memorial
3		Foundation. Any equestrian helmet bearing the Snell label
4		shall be deemed to have met those standards and requirements.
5		(Source: P.A. 101-31, eff. 6-28-19; 101-157, eff. 7-26-19;
6		102-558, eff. 8-20-21; 102-689, eff. 12-17-21.)
7		Section 5-125. The Illinois Public Aid Code is amended by
8		changing Section 12-10.7a as follows:
9		(305 ILCS 5/12-10.7a)
10		Sec. 12-10.7a. The Money Follows the Person Budget
11		Transfer Fund is hereby created as a special fund in the State
12		treasury.
13		(a) Notwithstanding any State law to the contrary, the
14		following moneys shall be deposited into the Fund:
15		(1) enhanced federal financial participation funds
16		related to any spending under a Money Follows the Person
17		demonstration project or initiative, as approved by the
18		federal Centers for Medicare and Medicaid Services on May
19		14, 2007, and as codified at 20 ILCS 2407/51 et seq.,
20		regardless of whether such spending occurred from the
21		Money Follows the Person Budget Transfer Fund;
22		(2) federal financial participation funds related to
23		any spending under a Money Follows the Person
24		demonstration project or initiative, as approved by the

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1		federal Centers for Medicare and Medicaid Services on May
2		14, 2007, and as codified at 20 ILCS 2407/51 et seq., that
3		occurred from the Money Follows the Person Budget Transfer
4		Fund;
5		(2.5) other federal funds awarded for a Money Follows
6		the Person demonstration project or initiative, as
7		approved by the federal Centers for Medicare and Medicaid
8		Services and codified at 20 ILCS 2407/51 et seq.;
9		(3) deposits made via the voucher-warrant process from
10		institutional long-term care appropriations to the
11		Department of Healthcare and Family Services and
12		institutional developmentally disabled long-term care
13		appropriations to the Department of Human Services;
14		(4) deposits made via the voucher-warrant process from
15		appropriation lines used to fund community-based services
16		for individuals eligible for nursing facility level of
17		care to the Department of Human Services, the Department
18		on Aging, or the Department of Healthcare and Family
19		Services;
20		(5) interest earned on moneys in the Fund; and
21		(6) all other moneys received by the Fund from any
22		source.
23		(b) Subject to appropriation, moneys in the Fund may be
24		used by the Department of Healthcare and Family Services for
25		reimbursement or payment for:
26		(1) expenses related to rebalancing long-term care

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1		services between institutional and community-based
2		settings as authorized under a Money Follows the Person
3		demonstration project or initiative, as approved by the
4		federal Centers for Medicare and Medicaid Services on May
5		14, 2007, and as codified at 20 ILCS 2407/51 et seq.,
6		including, but not limited to, reimbursement to other
7		entities of State government for related expenditures;
8		(2) expenses for community-based services for
9		individuals eligible for nursing facility level of care in
10		the Department of Human Services, the Department on Aging,
11		or the Department of Healthcare and Family Services to the
12		extent the expenses reimbursed or paid are in excess of
13		the amounts budgeted to those Departments each fiscal year
14		for persons transitioning out of institutional long-term
15		care settings under a Money Follows the Person
16		demonstration project or initiative, as approved by the
17		federal Centers for Medicare and Medicaid Services on May
18		14, 2007, and as codified at 20 ILCS 2407/51 et seq.;
19		(3) expenses for institutional long-term care services
20		at the Department of Healthcare and Family Services to the
21		extent that the expenses reimbursed or paid are for
22		services in excess of the amount budgeted to the
23		Department each fiscal year for persons who had or
24		otherwise were expected to transition out of institutional
25		long-term care settings under a Money Follows the Person
26		demonstration project or initiative, as approved by the

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1		federal Centers for Medicare and Medicaid Services on May
2		14, 2007, and as codified at 20 ILCS 2407/51 et seq.; and
3		(4) expenses, including operational, administrative,
4		and refund expenses, necessary to implement and operate a
5		Money Follows the Person demonstration project or
6		initiative, as approved by the federal Centers for
7		Medicare and Medicaid Services on May 14, 2007, and as
8		codified at 20 ILCS 2407/51 et seq.
9		Expenses reimbursed or paid on behalf of other agencies by
10		the Department of Healthcare and Family Services under this
11		subsection shall be pursuant to an interagency agreement and
12		allowable under a Money Follows the Person demonstration
13		project or initiative, as approved by the federal Centers for
14		Medicare and Medicaid Services on May 14, 2007, and as
15		codified at 20 ILCS 2407/51 et seq.
16		(Source: P.A. 95-744, eff. 7-18-08.)
17		Section 5-127. The Early Mental Health and Addictions
18		Treatment Act is amended by adding Section 15 as follows:
19		(305 ILCS 65/15 new)
20		Sec. 15. Availability of naloxone formulations. The
21		Department of Human Services shall, as part of the fiscal year
22		2024 Drug Overdose Prevention Program, make all FDA-approved
23		formulations of naloxone that are cleared through the
24		Minnesota Multistate Contracting Alliance for Pharmacy, and

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1		for which the manufacturer can set up a system for receiving,
2		tracking, and distribution, available to eligible Drug
3		Overdose Prevention Program participants and applicants.
4		Section 5-130. The Cannabis Regulation and Tax Act is
5		amended by changing Section 7-10 as follows:
6		(410 ILCS 705/7-10)
7		Sec. 7-10. Cannabis Business Development Fund.
8		(a) There is created in the State treasury a special fund,
9		which shall be held separate and apart from all other State
10		moneys, to be known as the Cannabis Business Development Fund.
11		The Cannabis Business Development Fund shall be exclusively
12		used for the following purposes:
13		(1) to provide low-interest rate loans to Qualified
14		Social Equity Applicants to pay for ordinary and necessary
15		expenses to start and operate a cannabis business
16		establishment permitted by this Act;
17		(2) to provide grants to Qualified Social Equity
18		Applicants to pay for ordinary and necessary expenses to
19		start and operate a cannabis business establishment
20		permitted by this Act;
21		(3) to compensate the Department of Commerce and
22		Economic Opportunity for any costs related to the
23		provision of low-interest loans and grants to Qualified
24		Social Equity Applicants;

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1		(4) to pay for outreach that may be provided or
2		targeted to attract and support Social Equity Applicants
3		and Qualified Social Equity Applicants;
4		(5) (blank);
5		(6) to conduct any study or research concerning the
6		participation of minorities, women, veterans, or people
7		with disabilities in the cannabis industry, including,
8		without limitation, barriers to such individuals entering
9		the industry as equity owners of cannabis business
10		establishments;
11		(7) (blank); and
12		(8) to assist with job training and technical
13		assistance for residents in Disproportionately Impacted
14		Areas.
15		(b) All moneys collected under Sections 15-15 and 15-20
16		for Early Approval Adult Use Dispensing Organization Licenses
17		issued before January 1, 2021 and remunerations made as a
18		result of transfers of permits awarded to Qualified Social
19		Equity Applicants shall be deposited into the Cannabis
20		Business Development Fund.
21		(c) (Blank). As soon as practical after July 1, 2019, the
22		Comptroller shall order and the Treasurer shall transfer
23		$12,000,000 from the Compassionate Use of Medical Cannabis
24		Fund to the Cannabis Business Development Fund.
25		(c-5) In addition to any other transfers that may be
26		provided for by law, on July 1, 2023, or as soon thereafter as

HB3817 Enrolled - 406 - LRB103 30519 DTM 56952 b
1		practical, the State Comptroller shall direct and the State
2		Treasurer shall transfer the sum of $40,000,000 from the
3		Compassionate Use of Medical Cannabis Fund to the Cannabis
4		Business Development Fund.
5		(d) Notwithstanding any other law to the contrary, the
6		Cannabis Business Development Fund is not subject to sweeps,
7		administrative charge-backs, or any other fiscal or budgetary
8		maneuver that would in any way transfer any amounts from the
9		Cannabis Business Development Fund into any other fund of the
10		State.
11		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
12		Section 5-135. The Environmental Protection Act is amended
13		by changing Sections 22.15 and 57.11 as follows:
14		(415 ILCS 5/22.15)
15		Sec. 22.15. Solid Waste Management Fund; fees.
16		(a) There is hereby created within the State Treasury a
17		special fund to be known as the Solid Waste Management Fund, to
18		be constituted from the fees collected by the State pursuant
19		to this Section, from repayments of loans made from the Fund
20		for solid waste projects, from registration fees collected
21		pursuant to the Consumer Electronics Recycling Act, and from
22		amounts transferred into the Fund pursuant to Public Act
23		100-433. Moneys received by either the Agency or the
24		Department of Commerce and Economic Opportunity in repayment

HB3817 Enrolled - 407 - LRB103 30519 DTM 56952 b
1		of loans made pursuant to the Illinois Solid Waste Management
2		Act shall be deposited into the General Revenue Fund.
3		(b) The Agency shall assess and collect a fee in the amount
4		set forth herein from the owner or operator of each sanitary
5		landfill permitted or required to be permitted by the Agency
6		to dispose of solid waste if the sanitary landfill is located
7		off the site where such waste was produced and if such sanitary
8		landfill is owned, controlled, and operated by a person other
9		than the generator of such waste. The Agency shall deposit all
10		fees collected into the Solid Waste Management Fund. If a site
11		is contiguous to one or more landfills owned or operated by the
12		same person, the volumes permanently disposed of by each
13		landfill shall be combined for purposes of determining the fee
14		under this subsection. Beginning on July 1, 2018, and on the
15		first day of each month thereafter during fiscal years 2019
16		through 2024 2023, the State Comptroller shall direct and
17		State Treasurer shall transfer an amount equal to 1/12 of
18		$5,000,000 per fiscal year from the Solid Waste Management
19		Fund to the General Revenue Fund.
20		(1) If more than 150,000 cubic yards of non-hazardous
21		solid waste is permanently disposed of at a site in a
22		calendar year, the owner or operator shall either pay a
23		fee of 95 cents per cubic yard or, alternatively, the
24		owner or operator may weigh the quantity of the solid
25		waste permanently disposed of with a device for which
26		certification has been obtained under the Weights and

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1		Measures Act and pay a fee of $2.00 per ton of solid waste
2		permanently disposed of. In no case shall the fee
3		collected or paid by the owner or operator under this
4		paragraph exceed $1.55 per cubic yard or $3.27 per ton.
5		(2) If more than 100,000 cubic yards but not more than
6		150,000 cubic yards of non-hazardous waste is permanently
7		disposed of at a site in a calendar year, the owner or
8		operator shall pay a fee of $52,630.
9		(3) If more than 50,000 cubic yards but not more than
10		100,000 cubic yards of non-hazardous solid waste is
11		permanently disposed of at a site in a calendar year, the
12		owner or operator shall pay a fee of $23,790.
13		(4) If more than 10,000 cubic yards but not more than
14		50,000 cubic yards of non-hazardous solid waste is
15		permanently disposed of at a site in a calendar year, the
16		owner or operator shall pay a fee of $7,260.
17		(5) If not more than 10,000 cubic yards of
18		non-hazardous solid waste is permanently disposed of at a
19		site in a calendar year, the owner or operator shall pay a
20		fee of $1050.
21		(c) (Blank).
22		(d) The Agency shall establish rules relating to the
23		collection of the fees authorized by this Section. Such rules
24		shall include, but not be limited to:
25		(1) necessary records identifying the quantities of
26		solid waste received or disposed;

HB3817 Enrolled - 409 - LRB103 30519 DTM 56952 b
1		(2) the form and submission of reports to accompany
2		the payment of fees to the Agency;
3		(3) the time and manner of payment of fees to the
4		Agency, which payments shall not be more often than
5		quarterly; and
6		(4) procedures setting forth criteria establishing
7		when an owner or operator may measure by weight or volume
8		during any given quarter or other fee payment period.
9		(e) Pursuant to appropriation, all monies in the Solid
10		Waste Management Fund shall be used by the Agency for the
11		purposes set forth in this Section and in the Illinois Solid
12		Waste Management Act, including for the costs of fee
13		collection and administration, and for the administration of
14		the Consumer Electronics Recycling Act and the Drug Take-Back
15		Act.
16		(f) The Agency is authorized to enter into such agreements
17		and to promulgate such rules as are necessary to carry out its
18		duties under this Section and the Illinois Solid Waste
19		Management Act.
20		(g) On the first day of January, April, July, and October
21		of each year, beginning on July 1, 1996, the State Comptroller
22		and Treasurer shall transfer $500,000 from the Solid Waste
23		Management Fund to the Hazardous Waste Fund. Moneys
24		transferred under this subsection (g) shall be used only for
25		the purposes set forth in item (1) of subsection (d) of Section
26		22.2.

HB3817 Enrolled - 410 - LRB103 30519 DTM 56952 b
1		(h) The Agency is authorized to provide financial
2		assistance to units of local government for the performance of
3		inspecting, investigating, and enforcement activities pursuant
4		to subsection (r) of Section 4 Section 4(r) at nonhazardous
5		solid waste disposal sites.
6		(i) The Agency is authorized to conduct household waste
7		collection and disposal programs.
8		(j) A unit of local government, as defined in the Local
9		Solid Waste Disposal Act, in which a solid waste disposal
10		facility is located may establish a fee, tax, or surcharge
11		with regard to the permanent disposal of solid waste. All
12		fees, taxes, and surcharges collected under this subsection
13		shall be utilized for solid waste management purposes,
14		including long-term monitoring and maintenance of landfills,
15		planning, implementation, inspection, enforcement and other
16		activities consistent with the Solid Waste Management Act and
17		the Local Solid Waste Disposal Act, or for any other
18		environment-related purpose, including, but not limited to, an
19		environment-related public works project, but not for the
20		construction of a new pollution control facility other than a
21		household hazardous waste facility. However, the total fee,
22		tax or surcharge imposed by all units of local government
23		under this subsection (j) upon the solid waste disposal
24		facility shall not exceed:
25		(1) 60¢ per cubic yard if more than 150,000 cubic
26		yards of non-hazardous solid waste is permanently disposed

HB3817 Enrolled - 411 - LRB103 30519 DTM 56952 b
1		of at the site in a calendar year, unless the owner or
2		operator weighs the quantity of the solid waste received
3		with a device for which certification has been obtained
4		under the Weights and Measures Act, in which case the fee
5		shall not exceed $1.27 per ton of solid waste permanently
6		disposed of.
7		(2) $33,350 if more than 100,000 cubic yards, but not
8		more than 150,000 cubic yards, of non-hazardous waste is
9		permanently disposed of at the site in a calendar year.
10		(3) $15,500 if more than 50,000 cubic yards, but not
11		more than 100,000 cubic yards, of non-hazardous solid
12		waste is permanently disposed of at the site in a calendar
13		year.
14		(4) $4,650 if more than 10,000 cubic yards, but not
15		more than 50,000 cubic yards, of non-hazardous solid waste
16		is permanently disposed of at the site in a calendar year.
17		(5) $650 if not more than 10,000 cubic yards of
18		non-hazardous solid waste is permanently disposed of at
19		the site in a calendar year.
20		The corporate authorities of the unit of local government
21		may use proceeds from the fee, tax, or surcharge to reimburse a
22		highway commissioner whose road district lies wholly or
23		partially within the corporate limits of the unit of local
24		government for expenses incurred in the removal of
25		nonhazardous, nonfluid municipal waste that has been dumped on
26		public property in violation of a State law or local

HB3817 Enrolled - 412 - LRB103 30519 DTM 56952 b
1		ordinance.
2		For the disposal of solid waste from general construction
3		or demolition debris recovery facilities as defined in
4		subsection (a-1) of Section 3.160, the total fee, tax, or
5		surcharge imposed by all units of local government under this
6		subsection (j) upon the solid waste disposal facility shall
7		not exceed 50% of the applicable amount set forth above. A unit
8		of local government, as defined in the Local Solid Waste
9		Disposal Act, in which a general construction or demolition
10		debris recovery facility is located may establish a fee, tax,
11		or surcharge on the general construction or demolition debris
12		recovery facility with regard to the permanent disposal of
13		solid waste by the general construction or demolition debris
14		recovery facility at a solid waste disposal facility, provided
15		that such fee, tax, or surcharge shall not exceed 50% of the
16		applicable amount set forth above, based on the total amount
17		of solid waste transported from the general construction or
18		demolition debris recovery facility for disposal at solid
19		waste disposal facilities, and the unit of local government
20		and fee shall be subject to all other requirements of this
21		subsection (j).
22		A county or Municipal Joint Action Agency that imposes a
23		fee, tax, or surcharge under this subsection may use the
24		proceeds thereof to reimburse a municipality that lies wholly
25		or partially within its boundaries for expenses incurred in
26		the removal of nonhazardous, nonfluid municipal waste that has

HB3817 Enrolled - 413 - LRB103 30519 DTM 56952 b
1		been dumped on public property in violation of a State law or
2		local ordinance.
3		If the fees are to be used to conduct a local sanitary
4		landfill inspection or enforcement program, the unit of local
5		government must enter into a written delegation agreement with
6		the Agency pursuant to subsection (r) of Section 4. The unit of
7		local government and the Agency shall enter into such a
8		written delegation agreement within 60 days after the
9		establishment of such fees. At least annually, the Agency
10		shall conduct an audit of the expenditures made by units of
11		local government from the funds granted by the Agency to the
12		units of local government for purposes of local sanitary
13		landfill inspection and enforcement programs, to ensure that
14		the funds have been expended for the prescribed purposes under
15		the grant.
16		The fees, taxes or surcharges collected under this
17		subsection (j) shall be placed by the unit of local government
18		in a separate fund, and the interest received on the moneys in
19		the fund shall be credited to the fund. The monies in the fund
20		may be accumulated over a period of years to be expended in
21		accordance with this subsection.
22		A unit of local government, as defined in the Local Solid
23		Waste Disposal Act, shall prepare and post on its website, in
24		April of each year, a report that details spending plans for
25		monies collected in accordance with this subsection. The
26		report will at a minimum include the following:

HB3817 Enrolled - 414 - LRB103 30519 DTM 56952 b
1		(1) The total monies collected pursuant to this
2		subsection.
3		(2) The most current balance of monies collected
4		pursuant to this subsection.
5		(3) An itemized accounting of all monies expended for
6		the previous year pursuant to this subsection.
7		(4) An estimation of monies to be collected for the
8		following 3 years pursuant to this subsection.
9		(5) A narrative detailing the general direction and
10		scope of future expenditures for one, 2 and 3 years.
11		The exemptions granted under Sections 22.16 and 22.16a,
12		and under subsection (k) of this Section, shall be applicable
13		to any fee, tax or surcharge imposed under this subsection
14		(j); except that the fee, tax or surcharge authorized to be
15		imposed under this subsection (j) may be made applicable by a
16		unit of local government to the permanent disposal of solid
17		waste after December 31, 1986, under any contract lawfully
18		executed before June 1, 1986 under which more than 150,000
19		cubic yards (or 50,000 tons) of solid waste is to be
20		permanently disposed of, even though the waste is exempt from
21		the fee imposed by the State under subsection (b) of this
22		Section pursuant to an exemption granted under Section 22.16.
23		(k) In accordance with the findings and purposes of the
24		Illinois Solid Waste Management Act, beginning January 1, 1989
25		the fee under subsection (b) and the fee, tax or surcharge
26		under subsection (j) shall not apply to:

HB3817 Enrolled - 415 - LRB103 30519 DTM 56952 b
1		(1) waste which is hazardous waste;
2		(2) waste which is pollution control waste;
3		(3) waste from recycling, reclamation or reuse
4		processes which have been approved by the Agency as being
5		designed to remove any contaminant from wastes so as to
6		render such wastes reusable, provided that the process
7		renders at least 50% of the waste reusable; the exemption
8		set forth in this paragraph (3) of this subsection (k)
9		shall not apply to general construction or demolition
10		debris recovery facilities as defined in subsection (a-1)
11		of Section 3.160;
12		(4) non-hazardous solid waste that is received at a
13		sanitary landfill and composted or recycled through a
14		process permitted by the Agency; or
15		(5) any landfill which is permitted by the Agency to
16		receive only demolition or construction debris or
17		landscape waste.
18		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
19		102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.
20		8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22;
21		102-1055, eff. 6-10-22; revised 8-25-22.)
22		(415 ILCS 5/57.11)
23		Sec. 57.11. Underground Storage Tank Fund; creation.
24		(a) There is hereby created in the State Treasury a
25		special fund to be known as the Underground Storage Tank Fund.

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1		There shall be deposited into the Underground Storage Tank
2		Fund all moneys received by the Office of the State Fire
3		Marshal as fees for underground storage tanks under Sections 4
4		and 5 of the Gasoline Storage Act, fees pursuant to the Motor
5		Fuel Tax Law, and beginning July 1, 2013, payments pursuant to
6		the Use Tax Act, the Service Use Tax Act, the Service
7		Occupation Tax Act, and the Retailers' Occupation Tax Act. All
8		amounts held in the Underground Storage Tank Fund shall be
9		invested at interest by the State Treasurer. All income earned
10		from the investments shall be deposited into the Underground
11		Storage Tank Fund no less frequently than quarterly. In
12		addition to any other transfers that may be provided for by
13		law, beginning on July 1, 2018 and on the first day of each
14		month thereafter during fiscal years 2019 through 2024 2023
15		only, the State Comptroller shall direct and the State
16		Treasurer shall transfer an amount equal to 1/12 of
17		$10,000,000 from the Underground Storage Tank Fund to the
18		General Revenue Fund. Moneys in the Underground Storage Tank
19		Fund, pursuant to appropriation, may be used by the Agency and
20		the Office of the State Fire Marshal for the following
21		purposes:
22		(1) To take action authorized under Section 57.12 to
23		recover costs under Section 57.12.
24		(2) To assist in the reduction and mitigation of
25		damage caused by leaks from underground storage tanks,
26		including but not limited to, providing alternative water

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1		supplies to persons whose drinking water has become
2		contaminated as a result of those leaks.
3		(3) To be used as a matching amount towards federal
4		assistance relative to the release of petroleum from
5		underground storage tanks.
6		(4) For the costs of administering activities of the
7		Agency and the Office of the State Fire Marshal relative
8		to the Underground Storage Tank Fund.
9		(5) For payment of costs of corrective action incurred
10		by and indemnification to operators of underground storage
11		tanks as provided in this Title.
12		(6) For a total of 2 demonstration projects in amounts
13		in excess of a $10,000 deductible charge designed to
14		assess the viability of corrective action projects at
15		sites which have experienced contamination from petroleum
16		releases. Such demonstration projects shall be conducted
17		in accordance with the provision of this Title.
18		(7) Subject to appropriation, moneys in the
19		Underground Storage Tank Fund may also be used by the
20		Department of Revenue for the costs of administering its
21		activities relative to the Fund and for refunds provided
22		for in Section 13a.8 of the Motor Fuel Tax Law.
23		(b) Moneys in the Underground Storage Tank Fund may,
24		pursuant to appropriation, be used by the Office of the State
25		Fire Marshal or the Agency to take whatever emergency action
26		is necessary or appropriate to assure that the public health

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1		or safety is not threatened whenever there is a release or
2		substantial threat of a release of petroleum from an
3		underground storage tank and for the costs of administering
4		its activities relative to the Underground Storage Tank Fund.
5		(c) Beginning July 1, 1993, the Governor shall certify to
6		the State Comptroller and State Treasurer the monthly amount
7		necessary to pay debt service on State obligations issued
8		pursuant to Section 6 of the General Obligation Bond Act. On
9		the last day of each month, the Comptroller shall order
10		transferred and the Treasurer shall transfer from the
11		Underground Storage Tank Fund to the General Obligation Bond
12		Retirement and Interest Fund the amount certified by the
13		Governor, plus any cumulative deficiency in those transfers
14		for prior months.
15		(d) Except as provided in subsection (c) of this Section,
16		the Underground Storage Tank Fund is not subject to
17		administrative charges authorized under Section 8h of the
18		State Finance Act that would in any way transfer any funds from
19		the Underground Storage Tank Fund into any other fund of the
20		State.
21		(e) Each fiscal year, subject to appropriation, the Agency
22		may commit up to $10,000,000 of the moneys in the Underground
23		Storage Tank Fund to the payment of corrective action costs
24		for legacy sites that meet one or more of the following
25		criteria as a result of the underground storage tank release:
26		(i) the presence of free product, (ii) contamination within a

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1		regulated recharge area, a wellhead protection area, or the
2		setback zone of a potable water supply well, (iii)
3		contamination extending beyond the boundaries of the site
4		where the release occurred, or (iv) such other criteria as may
5		be adopted in Agency rules.
6		(1) Fund moneys committed under this subsection (e)
7		shall be held in the Fund for payment of the corrective
8		action costs for which the moneys were committed.
9		(2) The Agency may adopt rules governing the
10		commitment of Fund moneys under this subsection (e).
11		(3) This subsection (e) does not limit the use of Fund
12		moneys at legacy sites as otherwise provided under this
13		Title.
14		(4) For the purposes of this subsection (e), the term
15		"legacy site" means a site for which (i) an underground
16		storage tank release was reported prior to January 1,
17		2005, (ii) the owner or operator has been determined
18		eligible to receive payment from the Fund for corrective
19		action costs, and (iii) the Agency did not receive any
20		applications for payment prior to January 1, 2010.
21		(f) Beginning July 1, 2013, if the amounts deposited into
22		the Fund from moneys received by the Office of the State Fire
23		Marshal as fees for underground storage tanks under Sections 4
24		and 5 of the Gasoline Storage Act and as fees pursuant to the
25		Motor Fuel Tax Law during a State fiscal year are sufficient to
26		pay all claims for payment by the fund received during that

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1		State fiscal year, then the amount of any payments into the
2		fund pursuant to the Use Tax Act, the Service Use Tax Act, the
3		Service Occupation Tax Act, and the Retailers' Occupation Tax
4		Act during that State fiscal year shall be deposited as
5		follows: 75% thereof shall be paid into the State treasury and
6		25% shall be reserved in a special account and used only for
7		the transfer to the Common School Fund as part of the monthly
8		transfer from the General Revenue Fund in accordance with
9		Section 8a of the State Finance Act.
10		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
11		102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
12		Section 5-140. The Electric Vehicle Rebate Act is amended
13		by changing Section 40 as follows:
14		(415 ILCS 120/40)
15		Sec. 40. Appropriations from the Electric Vehicle Rebate
16		Fund.
17		(a) User Fees Funds. The Agency shall estimate the amount
18		of user fees expected to be collected under Section 35 of this
19		Act for each fiscal year. User fee funds shall be deposited
20		into and distributed from the Electric Vehicle Rebate
21		Alternate Fuels Fund in the following manner:
22		(1) Through fiscal year 2023, In each of fiscal years
23		1999, 2000, 2001, 2002, and 2003, an amount not to exceed
24		$200,000, and beginning in fiscal year 2004 an annual

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1		amount not to exceed $225,000, may be appropriated to the
2		Agency from the Electric Vehicle Rebate Alternate Fuels
3		Fund to pay its costs of administering the programs
4		authorized by Section 27 of this Act. Beginning in fiscal
5		year 2024 and in each fiscal year thereafter, an annual
6		amount not to exceed $600,000 may be appropriated to the
7		Agency from the Electric Vehicle Rebate Fund to pay its
8		costs of administering the programs authorized by Section
9		27 of this Act. An Up to $200,000 may be appropriated to
10		the Office of the Secretary of State in each of fiscal
11		years 1999, 2000, 2001, 2002, and 2003 from the Alternate
12		Fuels Fund to pay the Secretary of State's costs of
13		administering the programs authorized under this Act.
14		Beginning in fiscal year 2004 and in each fiscal year
15		thereafter, an amount not to exceed $225,000 may be
16		appropriated to the Secretary of State from the Electric
17		Vehicle Rebate Alternate Fuels Fund to pay the Secretary
18		of State's costs of administering the programs authorized
19		under this Act.
20		(2) In fiscal year 2022 and each fiscal year
21		thereafter, after appropriation of the amounts authorized
22		by item (1) of subsection (a) of this Section, the
23		remaining moneys estimated to be collected during each
24		fiscal year shall be appropriated.
25		(3) (Blank).
26		(4) Moneys appropriated to fund the programs

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1		authorized in Sections 25 and 30 shall be expended only
2		after they have been collected and deposited into the
3		Electric Vehicle Rebate Alternate Fuels Fund.
4		(b) General Revenue Fund Appropriations. General Revenue
5		Fund amounts appropriated to and deposited into the Electric
6		Vehicle Rebate Fund shall be distributed from the Electric
7		Vehicle Rebate Fund to fund the program authorized in Section
8		27.
9		(Source: P.A. 102-662, eff. 9-15-21.)
10		Section 5-145. The Fire Investigation Act is amended by
11		changing Section 13.1 as follows:
12		(425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)
13		Sec. 13.1. Fire Prevention Fund.
14		(a) There shall be a special fund in the State Treasury
15		known as the Fire Prevention Fund.
16		(b) The following moneys shall be deposited into the Fund:
17		(1) Moneys received by the Department of Insurance
18		under Section 12 of this Act.
19		(2) All fees and reimbursements received by the
20		Office.
21		(3) All receipts from boiler and pressure vessel
22		certification, as provided in Section 13 of the Boiler and
23		Pressure Vessel Safety Act.
24		(4) Such other moneys as may be provided by law.

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1		(c) The moneys in the Fire Prevention Fund shall be used,
2		subject to appropriation, for the following purposes:
3		(1) Of the moneys deposited into the fund under
4		Section 12 of this Act, 12.5% shall be available for the
5		maintenance of the Illinois Fire Service Institute and the
6		expenses, facilities, and structures incident thereto, and
7		for making transfers into the General Obligation Bond
8		Retirement and Interest Fund for debt service requirements
9		on bonds issued by the State of Illinois after January 1,
10		1986 for the purpose of constructing a training facility
11		for use by the Institute. An additional 2.5% of the moneys
12		deposited into the Fire Prevention Fund shall be available
13		to the Illinois Fire Service Institute for support of the
14		Cornerstone Training Program.
15		(2) Of the moneys deposited into the Fund under
16		Section 12 of this Act, 10% shall be available for the
17		maintenance of the Chicago Fire Department Training
18		Program and the expenses, facilities, and structures
19		incident thereto, in addition to any moneys payable from
20		the Fund to the City of Chicago pursuant to the Illinois
21		Fire Protection Training Act.
22		(3) For making payments to local governmental agencies
23		and individuals pursuant to Section 10 of the Illinois
24		Fire Protection Training Act.
25		(4) For the maintenance and operation of the Office of
26		the State Fire Marshal, and the expenses incident thereto.

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1		(4.5) For the maintenance, operation, and capital
2		expenses of the Mutual Aid Box Alarm System (MABAS).
3		(4.6) For grants awarded by the Small Fire-fighting
4		and Ambulance Service Equipment Grant Program established
5		by Section 2.7 of the State Fire Marshal Act.
6		(4.7) For grants awarded under the Fire Station
7		Rehabilitation and Construction Grant Program established
8		by Section 2.8 of the State Fire Marshal Act.
9		(5) For any other purpose authorized by law.
10		(c-5) As soon as possible after April 8, 2008 (the
11		effective date of Public Act 95-717), the Comptroller shall
12		order the transfer and the Treasurer shall transfer $2,000,000
13		from the Fire Prevention Fund to the Fire Service and Small
14		Equipment Fund, $9,000,000 from the Fire Prevention Fund to
15		the Fire Truck Revolving Loan Fund, and $4,000,000 from the
16		Fire Prevention Fund to the Ambulance Revolving Loan Fund.
17		Beginning on July 1, 2008, each month, or as soon as practical
18		thereafter, an amount equal to $2 from each fine received
19		shall be transferred from the Fire Prevention Fund to the Fire
20		Service and Small Equipment Fund, an amount equal to $1.50
21		from each fine received shall be transferred from the Fire
22		Prevention Fund to the Fire Truck Revolving Loan Fund, and an
23		amount equal to $4 from each fine received shall be
24		transferred from the Fire Prevention Fund to the Ambulance
25		Revolving Loan Fund. These moneys shall be transferred from
26		the moneys deposited into the Fire Prevention Fund pursuant to

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1		Public Act 95-154, together with not more than 25% of any
2		unspent appropriations from the prior fiscal year. These
3		moneys may be allocated to the Fire Truck Revolving Loan Fund,
4		Ambulance Revolving Loan Fund, and Fire Service and Small
5		Equipment Fund at the discretion of the Office for the purpose
6		of implementation of this Act.
7		(d) Any portion of the Fire Prevention Fund remaining
8		unexpended at the end of any fiscal year which is not needed
9		for the maintenance and expenses of the Office or the
10		maintenance and expenses of the Illinois Fire Service
11		Institute shall remain in the Fire Prevention Fund for the
12		exclusive and restricted uses provided in subsections (c) and
13		(c-5) of this Section.
14		(e) The Office shall keep on file an itemized statement of
15		all expenses incurred which are payable from the Fund, other
16		than expenses incurred by the Illinois Fire Service Institute,
17		and shall approve all vouchers issued therefor before they are
18		submitted to the State Comptroller for payment. Such vouchers
19		shall be allowed and paid in the same manner as other claims
20		against the State.
21		(Source: P.A. 101-82, eff. 1-1-20; 102-558, eff. 8-20-21.)
22		Section 5-150. The Open Space Lands Acquisition and
23		Development Act is amended by changing Section 3 as follows:
24		(525 ILCS 35/3) (from Ch. 85, par. 2103)

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1		Sec. 3. From appropriations made from the Capital
2		Development Fund, Build Illinois Bond Fund or other available
3		or designated funds for such purposes, the Department shall
4		make grants to local governments as financial assistance for
5		the capital development and improvement of park, recreation or
6		conservation areas, marinas and shorelines, including planning
7		and engineering costs, and for the acquisition of open space
8		lands, including acquisition of easements and other property
9		interests less than fee simple ownership if the Department
10		determines that such property interests are sufficient to
11		carry out the purposes of this Act, subject to the conditions
12		and limitations set forth in this Act.
13		No more than 10% of the amount so appropriated for any
14		fiscal year may be committed or expended on any one project
15		described in an application under this Act.
16		Except for grants awarded from new appropriations in
17		fiscal year 2023 and fiscal year 2024, any grant under this Act
18		to a local government shall be conditioned upon the state
19		providing assistance on a 50/50 matching basis for the
20		acquisition of open space lands and for capital development
21		and improvement proposals. However, a local government defined
22		as "distressed" under criteria adopted by the Department
23		through administrative rule shall be eligible for assistance
24		up to 90% for the acquisition of open space lands and for
25		capital development and improvement proposals, provided that
26		no more than 10% of the amount appropriated under this Act in

HB3817 Enrolled - 427 - LRB103 30519 DTM 56952 b
1		any fiscal year is made available as grants to distressed
2		local governments. For grants awarded from new appropriations
3		in fiscal year 2023 and fiscal year 2024 only, a local
4		government defined as "distressed" is eligible for assistance
5		up to 100% for the acquisition of open space lands and for
6		capital development and improvement proposals. The Department
7		may make more than 10% of the amount appropriated in fiscal
8		year 2023 and fiscal year 2024 available as grants to
9		distressed local governments.
10		An advance payment of a minimum of 50% of any grant made to
11		a unit of local government under this Act must be paid to the
12		unit of local government at the time the Department awards the
13		grant. A unit of local government may opt out of the advanced
14		payment option at the time of the award of the grant. The
15		remainder of the grant shall be distributed to the local
16		government quarterly on a reimbursement basis. The Department
17		shall consider an applicant's request for an extension to a
18		grant under this Act if (i) the advanced payment is expended or
19		legally obligated within the 2 years required by Section 5 of
20		the Illinois Grant Funds Recovery Act or (ii) no advanced
21		payment was made.
22		(Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22.)
23		Section 5-153. The Illinois Highway Code is amended by
24		changing Section 6-901 as follows:

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1		(605 ILCS 5/6-901) (from Ch. 121, par. 6-901)
2		Sec. 6-901. Annually, the General Assembly shall
3		appropriate to the Department of Transportation from the road
4		fund, the general revenue fund, any other State funds or a
5		combination of those funds, $60,000,000 $15,000,000 for
6		apportionment to counties for the use of road districts for
7		the construction of bridges 20 feet or more in length, as
8		provided in Sections 6-902 through 6-905.
9		The Department of Transportation shall apportion among the
10		several counties of this State for the use of road districts
11		the amounts appropriated under this Section. The amount
12		apportioned to a county shall be in the proportion which the
13		total mileage of township or district roads in the county
14		bears to the total mileage of all township and district roads
15		in the State. Each county shall allocate to the several road
16		districts in the county the funds so apportioned to the
17		county. The allocation to road districts shall be made in the
18		same manner and be subject to the same conditions and
19		qualifications as are provided by Section 8 of the "Motor Fuel
20		Tax Law", approved March 25, 1929, as amended, with respect to
21		the allocation to road districts of the amount allotted from
22		the Motor Fuel Tax Fund for apportionment to counties for the
23		use of road districts, but no allocation shall be made to any
24		road district that has not levied taxes for road and bridge
25		purposes and for bridge construction purposes at the maximum
26		rates permitted by Sections 6-501, 6-508 and 6-512 of this

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1		Act, without referendum. "Road district" and "township or
2		district road" have the meanings ascribed to those terms in
3		this Act.
4		Road districts in counties in which a property tax
5		extension limitation is imposed under the Property Tax
6		Extension Limitation Law that are made ineligible for receipt
7		of this appropriation due to the imposition of a property tax
8		extension limitation may become eligible if, at the time the
9		property tax extension limitation was imposed, the road
10		district was levying at the required rate and continues to
11		levy the maximum allowable amount after the imposition of the
12		property tax extension limitation. The road district also
13		becomes eligible if it levies at or above the rate required for
14		eligibility by Section 8 of the Motor Fuel Tax Law.
15		The amounts apportioned under this Section for allocation
16		to road districts may be used only for bridge construction as
17		provided in this Division. So much of those amounts as are not
18		obligated under Sections 6-902 through 6-904 and for which
19		local funds have not been committed under Section 6-905 within
20		48 months of the date when such apportionment is made lapses
21		and shall not be paid to the county treasurer for distribution
22		to road districts.
23		(Source: P.A. 96-366, eff. 1-1-10.)
24		Section 5-155. The Illinois Vehicle Code is amended by
25		changing Sections 3-626, 3-658, 3-667, and 3-692 as follows:

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1		(625 ILCS 5/3-626)
2		Sec. 3-626. Korean War Veteran license plates.
3		(a) In addition to any other special license plate, the
4		Secretary, upon receipt of all applicable fees and
5		applications made in the form prescribed by the Secretary of
6		State, may issue special registration plates designated as
7		Korean War Veteran license plates to residents of Illinois who
8		participated in the United States Armed Forces during the
9		Korean War. The special plate issued under this Section shall
10		be affixed only to passenger vehicles of the first division,
11		motorcycles, motor vehicles of the second division weighing
12		not more than 8,000 pounds, and recreational vehicles as
13		defined by Section 1-169 of this Code. Plates issued under
14		this Section shall expire according to the staggered
15		multi-year procedure established by Section 3-414.1 of this
16		Code.
17		(b) The design, color, and format of the plates shall be
18		wholly within the discretion of the Secretary of State. The
19		Secretary may, in his or her discretion, allow the plates to be
20		issued as vanity plates or personalized in accordance with
21		Section 3-405.1 of this Code. The plates are not required to
22		designate "Land Of Lincoln", as prescribed in subsection (b)
23		of Section 3-412 of this Code. The Secretary shall prescribe
24		the eligibility requirements and, in his or her discretion,
25		shall approve and prescribe stickers or decals as provided

HB3817 Enrolled - 431 - LRB103 30519 DTM 56952 b
1		under Section 3-412.
2		(c) (Blank).
3		(d) The Korean War Memorial Construction Fund is created
4		as a special fund in the State treasury. All moneys in the
5		Korean War Memorial Construction Fund shall, subject to
6		appropriation, be used by the Department of Veterans' Affairs
7		to provide grants for construction of the Korean War Memorial
8		to be located at Oak Ridge Cemetery in Springfield, Illinois.
9		Upon the completion of the Memorial, the Department of
10		Veterans' Affairs shall certify to the State Treasurer that
11		the construction of the Memorial has been completed. At the
12		direction of and upon notification of the Secretary of State,
13		the State Comptroller shall direct and Upon the certification
14		by the Department of Veterans' Affairs, the State Treasurer
15		shall transfer all moneys in the Fund and any future deposits
16		into the Fund into the Secretary of State Special License
17		Plate Fund. Upon completion of the transfer, the Korean War
18		Memorial Construction Fund is dissolved.
19		(e) An individual who has been issued Korean War Veteran
20		license plates for a vehicle and who has been approved for
21		benefits under the Senior Citizens and Persons with
22		Disabilities Property Tax Relief Act shall pay the original
23		issuance and the regular annual fee for the registration of
24		the vehicle as provided in Section 3-806.3 of this Code.
25		(Source: P.A. 99-127, eff. 1-1-16; 99-143, eff. 7-27-15;
26		99-642, eff. 7-28-16; 100-143, eff. 1-1-18.)

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1		(625 ILCS 5/3-658)
2		Sec. 3-658. Professional Sports Teams license plates.
3		(a) The Secretary, upon receipt of an application made in
4		the form prescribed by the Secretary, may issue special
5		registration plates designated as Professional Sports Teams
6		license plates. The special plates issued under this Section
7		shall be affixed only to passenger vehicles of the first
8		division, motorcycles, and motor vehicles of the second
9		division weighing not more than 8,000 pounds. Plates issued
10		under this Section shall expire according to the multi-year
11		procedure established by Section 3-414.1 of this Code.
12		(b) The design and color of the plates is wholly within the
13		discretion of the Secretary, except that the plates shall,
14		subject to the permission of the applicable team owner,
15		display the logo of the Chicago Bears, the Chicago Bulls, the
16		Chicago Blackhawks, the Chicago Cubs, the Chicago White Sox,
17		the Chicago Sky, the Chicago Red Stars, the Chicago Fire, or
18		the St. Louis Cardinals, at the applicant's option. The
19		Secretary may allow the plates to be issued as vanity or
20		personalized plates under Section 3-405.1 of the Code. The
21		Secretary shall prescribe stickers or decals as provided under
22		Section 3-412 of this Code.
23		(c) An applicant for the special plate shall be charged a
24		$40 fee for original issuance in addition to the appropriate
25		registration fee. Until July 1, 2023, of Of this fee, $25 shall

HB3817 Enrolled - 433 - LRB103 30519 DTM 56952 b
1		be deposited into the Professional Sports Teams Education Fund
2		and $15 shall be deposited into the Secretary of State Special
3		License Plate Fund, to be used by the Secretary to help defray
4		the administrative processing costs. Beginning July 1, 2023,
5		of this fee, $25 shall be deposited into the Common School Fund
6		and $15 shall be deposited into the Secretary of State Special
7		License Plate Fund, to be used by the Secretary to help defray
8		the administrative processing costs.
9		For each registration renewal period, a $27 fee, in
10		addition to the appropriate registration fee, shall be
11		charged. Until July 1, 2023, of Of this fee, $25 shall be
12		deposited into the Professional Sports Teams Education Fund
13		and $2 shall be deposited into the Secretary of State Special
14		License Plate Fund. Beginning July 1, 2023, of this fee, $25
15		shall be deposited into the Common School Fund and $2 shall be
16		deposited into the Secretary of State Special License Plate
17		Fund.
18		(d) The Professional Sports Teams Education Fund is
19		created as a special fund in the State treasury. Until July 1,
20		2023, the The Comptroller shall order transferred and the
21		Treasurer shall transfer all moneys in the Professional Sports
22		Teams Education Fund to the Common School Fund every 6 months.
23		(e) On July 1, 2023, or as soon thereafter as practical,
24		the State Comptroller shall direct and the State Treasurer
25		shall transfer the remaining balance from the Professional
26		Sports Teams Education Fund into the Common School Fund. Upon

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1		completion of the transfer, the Professional Sports Teams
2		Education Fund is dissolved, and any future deposits due to
3		that Fund and any outstanding obligations or liabilities of
4		that Fund shall pass to the Common School Fund.
5		(Source: P.A. 102-1099, eff. 1-1-23.)
6		(625 ILCS 5/3-667)
7		Sec. 3-667. Korean Service license plates.
8		(a) In addition to any other special license plate, the
9		Secretary, upon receipt of all applicable fees and
10		applications made in the form prescribed by the Secretary of
11		State, may issue special registration plates designated as
12		Korean Service license plates to residents of Illinois who, on
13		or after July 27, 1954, participated in the United States
14		Armed Forces in Korea. The special plate issued under this
15		Section shall be affixed only to passenger vehicles of the
16		first division, motorcycles, motor vehicles of the second
17		division weighing not more than 8,000 pounds, and recreational
18		vehicles as defined by Section 1-169 of this Code. Plates
19		issued under this Section shall expire according to the
20		staggered multi-year procedure established by Section 3-414.1
21		of this Code.
22		(b) The design, color, and format of the plates shall be
23		wholly within the discretion of the Secretary of State. The
24		Secretary may, in his or her discretion, allow the plates to be
25		issued as vanity or personalized plates in accordance with

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1		Section 3-405.1 of this Code. The plates are not required to
2		designate "Land of Lincoln", as prescribed in subsection (b)
3		of Section 3-412 of this Code. The Secretary shall prescribe
4		the eligibility requirements and, in his or her discretion,
5		shall approve and prescribe stickers or decals as provided
6		under Section 3-412.
7		(c) (Blank). An applicant shall be charged a $2 fee for
8		original issuance in addition to the applicable registration
9		fee. This additional fee shall be deposited into the Korean
10		War Memorial Construction Fund a special fund in the State
11		treasury.
12		(d) An individual who has been issued Korean Service
13		license plates for a vehicle and who has been approved for
14		benefits under the Senior Citizens and Persons with
15		Disabilities Property Tax Relief Act shall pay the original
16		issuance and the regular annual fee for the registration of
17		the vehicle as provided in Section 3-806.3 of this Code in
18		addition to the fees specified in subsection (c) of this
19		Section.
20		(Source: P.A. 99-143, eff. 7-27-15.)
21		(625 ILCS 5/3-692)
22		Sec. 3-692. Soil and Water Conservation District Plates.
23		(a) In addition to any other special license plate, the
24		Secretary, upon receipt of all applicable fees and
25		applications made in the form prescribed by the Secretary of

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1		State, may issue Soil and Water Conservation District license
2		plates. The special Soil and Water Conservation District plate
3		issued under this Section shall be affixed only to passenger
4		vehicles of the first division and motor vehicles of the
5		second division weighing not more than 8,000 pounds. Plates
6		issued under this Section shall expire according to the
7		staggered multi-year procedure established by Section 3-414.1
8		of this Code.
9		(b) The design, color, and format of the plates shall be
10		wholly within the discretion of the Secretary of State.
11		Appropriate documentation, as determined by the Secretary,
12		must accompany each application. The Secretary, in his or her
13		discretion, shall approve and prescribe stickers or decals as
14		provided under Section 3-412.
15		(c) An applicant for the special plate shall be charged a
16		$40 fee for original issuance in addition to the appropriate
17		registration fee. Of this fee, $25 shall be deposited into the
18		Soil and Water Conservation District Fund and $15 shall be
19		deposited into the Secretary of State Special License Plate
20		Fund, to be used by the Secretary to help defray the
21		administrative processing costs. For each registration renewal
22		period, a $27 fee, in addition to the appropriate registration
23		fee, shall be charged. Of this fee, $25 shall be deposited into
24		the Soil and Water Conservation District Fund and $2 shall be
25		deposited into the Secretary of State Special License Plate
26		Fund.

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1		(d) The Soil and Water Conservation District Fund is
2		created as a special fund in the State treasury. All money in
3		the Soil and Water Conservation District Fund shall be paid,
4		subject to appropriation by the General Assembly and
5		distribution by the Secretary, as grants to Illinois soil and
6		water conservation districts for projects that conserve and
7		restore soil and water in Illinois. All interest earned on
8		moneys in the Fund shall be deposited into the Fund. The Fund
9		shall not be subject to administrative charges or chargebacks,
10		such as but not limited to those authorized under Section 8h of
11		the State Finance Act.
12		(e) Notwithstanding any other provision of law, on July 1,
13		2023, or as soon thereafter as practical, the State
14		Comptroller shall direct and the State Treasurer shall
15		transfer the remaining balance from the Soil and Water
16		Conservation District Fund into the Partners for Conservation
17		Fund. Upon completion of the transfers, the Soil and Water
18		Conservation District Fund is dissolved, and any future
19		deposits due to that Fund and any outstanding obligations or
20		liabilities of that Fund shall pass to the Partners for
21		Conservation Fund.
22		(f) This Section is repealed on January 1, 2024.
23		(Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11;
24		97-409, eff. 1-1-12.)
25		Section 5-160. The Unified Code of Corrections is amended

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1		by changing Sections 3-12-3a, 3-12-6, and 3-12-13 as follows:
2		(730 ILCS 5/3-12-3a) (from Ch. 38, par. 1003-12-3a)
3		Sec. 3-12-3a. Contracts, leases, and business agreements.
4		(a) The Department shall promulgate such rules and
5		policies as it deems necessary to establish, manage, and
6		operate its Illinois Correctional Industries division for the
7		purpose of utilizing committed persons in the manufacture of
8		food stuffs, finished goods or wares. To the extent not
9		inconsistent with the function and role of the ICI, the
10		Department may enter into a contract, lease, or other type of
11		business agreement, not to exceed 20 years, with any private
12		corporation, partnership, person, or other business entity for
13		the purpose of utilizing committed persons in the provision of
14		services or for any other business or commercial enterprise
15		deemed by the Department to be consistent with proper training
16		and rehabilitation of committed persons.
17		Beginning in In fiscal year years 2021 through 2023, the
18		Department shall oversee the Illinois Correctional Industries
19		accounting processes and budget requests to the General
20		Assembly, other budgetary processes, audits by the Office of
21		the Auditor General, and computer processes. Beginning in For
22		fiscal year years 2021 through 2023, the spending authority of
23		Illinois Correctional Industries shall no longer be separate
24		and apart from the Department's budget and appropriations, and
25		the Department shall control its accounting processes,

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1		budgets, audits and computer processes in accordance with any
2		Department rules and policies.
3		(b) The Department shall be permitted to construct
4		buildings on State property for the purposes identified in
5		subsection (a) and to lease for a period not to exceed 20 years
6		any building or portion thereof on State property for the
7		purposes identified in subsection (a).
8		(c) Any contract or other business agreement referenced in
9		subsection (a) shall include a provision requiring that all
10		committed persons assigned receive in connection with their
11		assignment such vocational training and/or apprenticeship
12		programs as the Department deems appropriate.
13		(d) Committed persons assigned in accordance with this
14		Section shall be compensated in accordance with the provisions
15		of Section 3-12-5.
16		(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
17		102-699, eff. 4-19-22.)
18		(730 ILCS 5/3-12-6) (from Ch. 38, par. 1003-12-6)
19		Sec. 3-12-6. Programs. Through its Illinois Correctional
20		Industries division, the Department may shall establish
21		commercial, business, and manufacturing programs for the
22		production sale of finished goods and processed food and
23		beverages to the State, its political units, agencies, and
24		other public institutions. Illinois Correctional Industries
25		may shall establish, operate, and maintain manufacturing and

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1		food and beverage production in the Department facilities and
2		provide food for the Department institutions and for the
3		mental health and developmental disabilities institutions of
4		the Department of Human Services and the institutions of the
5		Department of Veterans' Affairs.
6		Illinois Correctional Industries shall be administered by
7		a chief executive officer. The chief executive officer shall
8		report to the Director of the Department or the Director's
9		designee. The chief executive officer shall administer the
10		commercial and business programs of ICI for inmate workers in
11		the custody of the Department of Corrections.
12		The chief executive officer shall have such assistants as
13		are required for programming sales staff, manufacturing,
14		budget, fiscal, accounting, computer, human services, and
15		personnel as necessary to run its commercial and business
16		programs.
17		Illinois Correctional Industries shall have a financial
18		officer who shall report to the chief executive officer. The
19		financial officer shall: (i) assist in the development and
20		presentation of the Department budget submission; (ii) manage
21		and control the spending authority of ICI; and (iii) provide
22		oversight of the financial activities of ICI, both internally
23		and through coordination with the Department fiscal operations
24		personnel, including accounting processes, budget submissions,
25		other budgetary processes, audits by the Office of the Auditor
26		General, and computer processes. For fiscal years 2021 through

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1		2023, the financial officer shall coordinate and cooperate
2		with the Department's chief financial officer to perform the
3		functions listed in this paragraph.
4		Illinois Correctional Industries shall be located in
5		Springfield. The chief executive officer of Illinois
6		Correctional Industries shall assign personnel to teach direct
7		the production of goods and shall employ committed persons
8		assigned by the facility chief administrative officer. The
9		Department of Corrections may direct such other vocational
10		programs as it deems necessary for the rehabilitation of
11		inmates, which shall be separate and apart from, and not in
12		conflict with, programs of Illinois Correctional Industries.
13		(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
14		102-699, eff. 4-19-22.)
15		(730 ILCS 5/3-12-13) (from Ch. 38, par. 1003-12-13)
16		Sec. 3-12-13. Sale of Property. Whenever a responsible
17		officer of the Correctional Industries Division of the
18		Department seeks to dispose of property pursuant to the "State
19		Property Control Act", proceeds received by the Administrator
20		under that Act from the sale of property under the control of
21		the Division of Correctional Industries of the Department
22		shall be deposited into the General Revenue Fund Working
23		Capital Revolving Fund of the Correction Industries Division
24		if such property was originally purchased with funds
25		therefrom.

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1		(Source: P.A. 81-1507.)
2		(730 ILCS 5/3-12-11 rep.)
3		Section 5-165. The Unified Code of Corrections is amended
4		by repealing Section 3-12-11.
5		Section 5-167. The Illinois Crime Reduction Act of 2009 is
6		amended by changing Section 20 as follows:
7		(730 ILCS 190/20)
8		Sec. 20. Adult Redeploy Illinois.
9		(a) Purpose. When offenders are accurately assessed for
10		risk, assets, and needs, it is possible to identify which
11		people should be sent to prison and which people can be
12		effectively supervised in the locality. By providing financial
13		incentives to counties or judicial circuits to create
14		effective local-level evidence-based services, it is possible
15		to reduce crime and recidivism at a lower cost to taxpayers.
16		Based on this model, this Act hereby creates the Adult
17		Redeploy Illinois program for probation-eligible offenders in
18		order to increase public safety and encourage the successful
19		local supervision of eligible offenders and their
20		reintegration into the locality.
21		(b) The Adult Redeploy Illinois program shall reallocate
22		State funds to local jurisdictions that successfully establish
23		a process to assess offenders and provide a continuum of

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1		locally based sanctions and treatment alternatives for
2		offenders who would be incarcerated in a State facility if
3		those local services and sanctions did not exist. The
4		allotment of funds shall be based on a formula that rewards
5		local jurisdictions for the establishment or expansion of
6		local supervision programs and requires them to pay the amount
7		determined in subsection (e) if incarceration targets as
8		defined in subsection (e) are not met.
9		(c) Each county or circuit participating in the Adult
10		Redeploy Illinois program shall create a local plan describing
11		how it will protect public safety and reduce the county or
12		circuit's utilization of incarceration in State facilities or
13		local county jails by the creation or expansion of
14		individualized services or programs.
15		(d) Based on the local plan, a county or circuit shall
16		enter into an agreement with the Adult Redeploy Oversight
17		Board described in subsection (e) to reduce the number of
18		commitments of probation-eligible offenders to State
19		correctional facilities from that county or circuit. The
20		agreement shall include a pledge from the county or circuit to
21		reduce their commitments by 25% of the level of commitments
22		from the average number of commitments for the past 3 years of
23		eligible offenders. In return, the county or circuit shall
24		receive, based upon a formula described in subsection (e),
25		funds to redeploy for local programming for offenders who
26		would otherwise be incarcerated such as management and

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1		supervision, electronic monitoring, and drug testing. The
2		county or circuit shall also be penalized, as described in
3		subsection (e), for failure to reach the goal of reduced
4		commitments stipulated in the agreement.
5		(d-5) Subject to appropriation to the Illinois Criminal
6		Justice Information Authority, the Adult Redeploy Illinois
7		Oversight Board described in subsection (e) may provide grant
8		funds to qualified organizations that can assist local
9		jurisdictions in training, development, and technical
10		assistance.
11		(e) Adult Redeploy Illinois Oversight Board; members;
12		responsibilities.
13		(1) The Secretary of Human Services and the Director
14		of Corrections shall within 3 months after January 1, 2010
15		(the effective date of Public Act 96-761) this Act convene
16		and act as co-chairs of an oversight board to oversee the
17		Adult Redeploy Program. The Board shall include, but not
18		be limited to, designees from the Prisoner Review Board,
19		Office of the Attorney General, Illinois Criminal Justice
20		Information Authority, and Sentencing Policy Advisory
21		Council; the Cook County State's Attorney or a designee; a
22		State's Attorney selected by the President of the Illinois
23		State's Attorneys Association; the State Appellate
24		Defender or a designee; the Cook County Public Defender or
25		a designee; a representative of Cook County Adult
26		Probation, a representative of DuPage County Adult

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1		Probation; a representative of Sangamon County Adult
2		Probation; and 4 representatives from non-governmental
3		organizations, including service providers. Members shall
4		serve without compensation but shall be reimbursed for
5		actual expenses incurred in the performance of their
6		duties.
7		(2) The Oversight Board shall within one year after
8		January 1, 2010 (the effective date of Public Act 96-761)
9		this Act:
10		(A) Develop a process to solicit applications from
11		and identify jurisdictions to be included in the Adult
12		Redeploy Illinois program.
13		(B) Define categories of membership for local
14		entities to participate in the creation and oversight
15		of the local Adult Redeploy Illinois program.
16		(C) Develop a formula for the allotment of funds
17		to local jurisdictions for local and community-based
18		services in lieu of commitment to the Department of
19		Corrections and a penalty amount for failure to reach
20		the goal of reduced commitments stipulated in the
21		plans.
22		(D) Develop a standard format for the local plan
23		to be submitted by the local entity created in each
24		county or circuit.
25		(E) Identify and secure resources sufficient to
26		support the administration and evaluation of Adult

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1		Redeploy Illinois.
2		(F) Develop a process to support ongoing
3		monitoring and evaluation of Adult Redeploy Illinois.
4		(G) Review local plans and proposed agreements and
5		approve the distribution of resources.
6		(H) Develop a performance measurement system that
7		includes but is not limited to the following key
8		performance indicators: recidivism, rate of
9		revocations, employment rates, education achievement,
10		successful completion of substance abuse treatment
11		programs, and payment of victim restitution. Each
12		county or circuit shall include the performance
13		measurement system in its local plan and provide data
14		annually to evaluate its success.
15		(I) Report annually the results of the performance
16		measurements on a timely basis to the Governor and
17		General Assembly.
18		(3) The Oversight Board shall:
19		(A) Develop a process to solicit grant
20		applications from eligible training, development, and
21		technical assistance organizations.
22		(B) Review grant applications and proposed grant
23		agreements and approve the distribution of resources.
24		(C) Develop a process to support ongoing
25		monitoring of training, development, and technical
26		assistance grantees.

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1		(Source: P.A. 100-999, eff. 1-1-19.)
2		Section 5-170. The Revised Uniform Unclaimed Property Act
3		is amended by changing Section 15-801 as follows:
4		(765 ILCS 1026/15-801)
5		Sec. 15-801. Deposit of funds by administrator.
6		(a) Except as otherwise provided in this Section, the
7		administrator shall deposit in the Unclaimed Property Trust
8		Fund all funds received under this Act, including proceeds
9		from the sale of property under Article 7. The administrator
10		may deposit any amount in the Unclaimed Property Trust Fund
11		into the State Pensions Fund during the fiscal year at his or
12		her discretion; however, he or she shall, on April 15 and
13		October 15 of each year, deposit any amount in the Unclaimed
14		Property Trust Fund exceeding $2,500,000 into the State
15		Pensions Fund. If on either April 15 or October 15, the
16		administrator determines that a balance of $2,500,000 is
17		insufficient for the prompt payment of unclaimed property
18		claims authorized under this Act, the administrator may retain
19		more than $2,500,000 in the Unclaimed Property Trust Fund in
20		order to ensure the prompt payment of claims. Beginning in
21		State fiscal year 2025 2024, all amounts that are deposited
22		into the State Pensions Fund from the Unclaimed Property Trust
23		Fund shall be apportioned to the designated retirement systems
24		as provided in subsection (c-6) of Section 8.12 of the State

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1		Finance Act to reduce their actuarial reserve deficiencies.
2		(b) The administrator shall make prompt payment of claims
3		he or she duly allows as provided for in this Act from the
4		Unclaimed Property Trust Fund. This shall constitute an
5		irrevocable and continuing appropriation of all amounts in the
6		Unclaimed Property Trust Fund necessary to make prompt payment
7		of claims duly allowed by the administrator pursuant to this
8		Act.
9		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
10		102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
11		Section 5-175. The Line of Duty Compensation Act is
12		amended by changing Section 3 as follows:
13		(820 ILCS 315/3) (from Ch. 48, par. 283)
14		Sec. 3. Duty death benefit.
15		(a) If a claim therefor is made within 2 years one year of
16		the date of death of a law enforcement officer, civil defense
17		worker, civil air patrol member, paramedic, fireman, chaplain,
18		or State employee killed in the line of duty, or if a claim
19		therefor is made within 2 years of the date of death of an
20		Armed Forces member killed in the line of duty, compensation
21		shall be paid to the person designated by the law enforcement
22		officer, civil defense worker, civil air patrol member,
23		paramedic, fireman, chaplain, State employee, or Armed Forces
24		member. However, if the Armed Forces member was killed in the

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1		line of duty before October 18, 2004, the claim must be made
2		within one year of October 18, 2004. In addition, if a death
3		occurred after December 31, 2016 and before January 1, 2021,
4		the claim may be made no later than December 31, 2022
5		notwithstanding any other deadline established under this Act
6		with respect to filing a claim for a duty death benefit.
7		(b) The amount of compensation, except for an Armed Forces
8		member, shall be $10,000 if the death in the line of duty
9		occurred prior to January 1, 1974; $20,000 if such death
10		occurred after December 31, 1973 and before July 1, 1983;
11		$50,000 if such death occurred on or after July 1, 1983 and
12		before January 1, 1996; $100,000 if the death occurred on or
13		after January 1, 1996 and before May 18, 2001; $118,000 if the
14		death occurred on or after May 18, 2001 and before July 1,
15		2002; and $259,038 if the death occurred on or after July 1,
16		2002 and before January 1, 2003. For an Armed Forces member
17		killed in the line of duty (i) at any time before January 1,
18		2005, the compensation is $259,038 plus amounts equal to the
19		increases for 2003 and 2004 determined under subsection (c)
20		and (ii) on or after January 1, 2005, the compensation is the
21		amount determined under item (i) plus the applicable increases
22		for 2005 and thereafter determined under subsection (c).
23		(c) Except as provided in subsection (b), for deaths
24		occurring on or after January 1, 2003, the death compensation
25		rate for death in the line of duty occurring in a particular
26		calendar year shall be the death compensation rate for death

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1		occurring in the previous calendar year (or in the case of
2		deaths occurring in 2003, the rate in effect on December 31,
3		2002) increased by a percentage thereof equal to the
4		percentage increase, if any, in the index known as the
5		Consumer Price Index for All Urban Consumers: U.S. city
6		average, unadjusted, for all items, as published by the United
7		States Department of Labor, Bureau of Labor Statistics, for
8		the 12 months ending with the month of June of that previous
9		calendar year.
10		(d) If no beneficiary is designated or if no designated
11		beneficiary survives at the death of the law enforcement
12		officer, civil defense worker, civil air patrol member,
13		paramedic, fireman, chaplain, or State employee killed in the
14		line of duty, the compensation shall be paid in accordance
15		with a legally binding will left by the law enforcement
16		officer, civil defense worker, civil air patrol member,
17		paramedic, fireman, chaplain, or State employee. If the law
18		enforcement officer, civil defense worker, civil air patrol
19		member, paramedic, fireman, chaplain, or State employee did
20		not leave a legally binding will, the compensation shall be
21		paid as follows:
22		(1) when there is a surviving spouse, the entire sum
23		shall be paid to the spouse;
24		(2) when there is no surviving spouse, but a surviving
25		descendant of the decedent, the entire sum shall be paid
26		to the decedent's descendants per stirpes;

HB3817 Enrolled - 451 - LRB103 30519 DTM 56952 b
1		(3) when there is neither a surviving spouse nor a
2		surviving descendant, the entire sum shall be paid to the
3		parents of the decedent in equal parts, allowing to the
4		surviving parent, if one is dead, the entire sum; and
5		(4) when there is no surviving spouse, descendant or
6		parent of the decedent, but there are surviving brothers
7		or sisters, or descendants of a brother or sister, who
8		were receiving their principal support from the decedent
9		at his death, the entire sum shall be paid, in equal parts,
10		to the dependent brothers or sisters or dependent
11		descendant of a brother or sister. Dependency shall be
12		determined by the Court of Claims based upon the
13		investigation and report of the Attorney General.
14		The changes made to this subsection (d) by this amendatory Act
15		of the 94th General Assembly apply to any pending case as long
16		as compensation has not been paid to any party before the
17		effective date of this amendatory Act of the 94th General
18		Assembly.
19		(d-1) For purposes of subsection (d), in the case of a
20		person killed in the line of duty who was born out of wedlock
21		and was not an adoptive child at the time of the person's
22		death, a person shall be deemed to be a parent of the person
23		killed in the line of duty only if that person would be an
24		eligible parent, as defined in Section 2-2 of the Probate Act
25		of 1975, of the person killed in the line of duty. This
26		subsection (d-1) applies to any pending claim if compensation

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1		was not paid to the claimant of the pending claim before the
2		effective date of this amendatory Act of the 94th General
3		Assembly.
4		(d-2) If no beneficiary is designated or if no designated
5		beneficiary survives at the death of the Armed Forces member
6		killed in the line of duty, the compensation shall be paid in
7		entirety according to the designation made on the most recent
8		version of the Armed Forces member's Servicemembers' Group
9		Life Insurance Election and Certificate ("SGLI").
10		If no SGLI form exists at the time of the Armed Forces
11		member's death, the compensation shall be paid in accordance
12		with a legally binding will left by the Armed Forces member.
13		If no SGLI form exists for the Armed Forces member and the
14		Armed Forces member did not leave a legally binding will, the
15		compensation shall be paid to the persons and in the priority
16		as set forth in paragraphs (1) through (4) of subsection (d) of
17		this Section.
18		This subsection (d-2) applies to any pending case as long
19		as compensation has not been paid to any party before the
20		effective date of this amendatory Act of the 94th General
21		Assembly.
22		(e) If there is no beneficiary designated or if no
23		designated beneficiary survives at the death of the law
24		enforcement officer, civil defense worker, civil air patrol
25		member, paramedic, fireman, chaplain, State employee, or Armed
26		Forces member killed in the line of duty and there is no other

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1		person or entity to whom compensation is payable under this
2		Section, no compensation shall be payable under this Act.
3		(f) No part of such compensation may be paid to any other
4		person for any efforts in securing such compensation.
5		(g) This amendatory Act of the 93rd General Assembly
6		applies to claims made on or after October 18, 2004 with
7		respect to an Armed Forces member killed in the line of duty.
8		(h) In any case for which benefits have not been paid
9		within 6 months of the claim being filed in accordance with
10		this Section, which is pending as of the effective date of this
11		amendatory Act of the 96th General Assembly, and in which
12		there are 2 or more beneficiaries, at least one of whom would
13		receive at least a portion of the total benefit regardless of
14		the manner in which the Court of Claims resolves the claim, the
15		Court shall direct the Comptroller to pay the minimum amount
16		of money which the determinate beneficiary would receive
17		together with all interest payment penalties which have
18		accrued on that portion of the award being paid within 30 days
19		of the effective date of this amendatory Act of the 96th
20		General Assembly. For purposes of this subsection (h),
21		"determinate beneficiary" means the beneficiary who would
22		receive any portion of the total benefit claimed regardless of
23		the manner in which the Court of Claims adjudicates the claim.
24		(i) The Court of Claims shall ensure that all individuals
25		who have filed an application to claim the duty death benefit
26		for a deceased member of the Armed Forces pursuant to this

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1		Section or for a fireman pursuant to this Section, or their
2		designated representative, shall have access, on a timely
3		basis and in an efficient manner, to all information related
4		to the court's consideration, processing, or adjudication of
5		the claim, including, but not limited to, the following:
6		(1) a reliable estimate of when the Court of Claims
7		will adjudicate the claim, or if the Court cannot estimate
8		when it will adjudicate the claim, a full written
9		explanation of the reasons for this inability; and
10		(2) a reliable estimate, based upon consultation with
11		the Comptroller, of when the benefit will be paid to the
12		claimant.
13		(j) The Court of Claims shall send written notice to all
14		claimants within 2 weeks of the initiation of a claim
15		indicating whether or not the application is complete. For
16		purposes of this subsection (j), an application is complete if
17		a claimant has submitted to the Court of Claims all documents
18		and information the Court requires for adjudicating and paying
19		the benefit amount. For purposes of this subsection (j), a
20		claim for the duty death benefit is initiated when a claimant
21		submits any of the application materials required for
22		adjudicating the claim to the Court of Claims. In the event a
23		claimant's application is incomplete, the Court shall include
24		in its written notice a list of the information or documents
25		which the claimant must submit in order for the application to
26		be complete. In no case may the Court of Claims deny a claim

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1		and subsequently re-adjudicate the same claim for the purpose
2		of evading or reducing the interest penalty payment amount
3		payable to any claimant.
4		(Source: P.A. 102-215, eff. 7-30-21.)
5		ARTICLE 10.
6		Section 10-2. The Department of Human Services Act is
7		amended by adding Section 80-45 as follows:
8		(20 ILCS 1305/80-45 new)
9		Sec. 80-45. Funding Agent and Administration.
10		(a) The Department shall act as funding agent under the
11		terms of the Illinois Affordable Housing Act and shall
12		administer other appropriations for the use of the Illinois
13		Housing Development Authority.
14		(b) The Department may enter into contracts,
15		intergovernmental agreements, grants, cooperative agreements,
16		memoranda of understanding, or other instruments with any
17		federal, State, or local government agency as necessary to
18		fulfill its role as funding agent in compliance with State and
19		federal law. The Department and the Department of Revenue
20		shall coordinate, in consultation with the Illinois Housing
21		Development Authority, the transition of the funding agent
22		role, including the transfer of any and all books, records, or
23		documents, in whatever form stored, necessary to the

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1		Department's execution of the duties of the funding agent, and
2		the Department may submit to the Governor's Office of
3		Management and Budget requests for exception pursuant to
4		Section 55 of the Grant Accountability and Transparency Act.
5		Notwithstanding Section 5 of the Grant Funds Recovery Act, for
6		State fiscal years 2023 and 2024 only, in order to accomplish
7		the transition of the funding agent role to the Department,
8		grant funds may be made available for expenditure by a grantee
9		for a period of 3 years from the date the funds were
10		distributed by the State.
11		Section 10-3. The State Finance Act is amended by changing
12		Section 6z-20.1 as follows:
13		(30 ILCS 105/6z-20.1)
14		Sec. 6z-20.1. The State Aviation Program Fund and the
15		Sound-Reducing Windows and Doors Replacement Fund.
16		(a) The State Aviation Program Fund is created in the
17		State Treasury. Moneys in the Fund shall be used by the
18		Department of Transportation for the purposes of administering
19		a State Aviation Program. Subject to appropriation, the moneys
20		shall be used for the purpose of distributing grants to units
21		of local government to be used for airport-related purposes.
22		Grants to units of local government from the Fund shall be
23		distributed proportionately based on equal part enplanements,
24		total cargo, and airport operations. With regard to

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1		enplanements that occur within a municipality with a
2		population of over 500,000, grants shall be distributed only
3		to the municipality.
4		(b) For grants to a unit of government other than a
5		municipality with a population of more than 500,000,
6		"airport-related purposes" means the capital or operating
7		costs of: (1) an airport; (2) a local airport system; or (3)
8		any other local facility that is owned or operated by the
9		person or entity that owns or operates the airport that is
10		directly and substantially related to the air transportation
11		of passengers or property as provided in 49 U.S.C. 47133,
12		including (i) the replacement of sound-reducing windows and
13		doors installed under the Residential Sound Insulation Program
14		and (ii) in-home air quality monitoring testing in residences
15		in which windows or doors were installed under the Residential
16		Sound Insulation Program.
17		(c) For grants to a municipality with a population of more
18		than 500,000, "airport-related purposes" means the capital
19		costs of: (1) an airport; (2) a local airport system; or (3)
20		any other local facility that (i) is owned or operated by a
21		person or entity that owns or operates an airport and (ii) is
22		directly and substantially related to the air transportation
23		of passengers or property, as provided in 49 U.S.C. 47133. For
24		grants to a municipality with a population of more than
25		500,000, "airport-related purposes" also means costs,
26		including administrative costs, associated with the

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1		replacement of sound-reducing windows and doors installed
2		under the Residential Sound Insulation Program.
3		(d) In each State fiscal year, $9,500,000 the first
4		$7,500,000 attributable to a municipality with a population of
5		more than 500,000, as provided in subsection (a) of this
6		Section, shall be transferred to the Sound-Reducing Windows
7		and Doors Replacement Fund, a special fund created in the
8		State Treasury. Subject to appropriation, the moneys in the
9		Fund shall be used solely for costs, including administrative
10		costs, associated with the mechanical repairs and the
11		replacement of sound-reducing windows and doors installed
12		under the Residential Sound Insulation Program. Any amounts
13		attributable to a municipality with a population of more than
14		500,000 in excess of $7,500,000 in each State fiscal year
15		shall be distributed among the airports in that municipality
16		based on the same formula as prescribed in subsection (a) to be
17		used for airport-related purposes.
18		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
19		Section 10-4. The Illinois Grant Funds Recovery Act is
20		amended by changing Section 5 as follows:
21		(30 ILCS 705/5) (from Ch. 127, par. 2305)
22		Sec. 5. Time limit on expenditure of grant funds. Subject
23		to the restriction of Section 35 of the State Finance Act, no
24		grant funds may be made available for expenditure by a grantee

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1		for a period longer than 2 years, except where such grant funds
2		are disbursed in reimbursement of costs previously incurred by
3		the grantee and except as otherwise provided in subsection (d)
4		of Section 5-200 of the School Construction Law and in
5		subsection (b) of Section 80-45 of the Department of Human
6		Services Act. Any grant funds not expended or legally
7		obligated by the end of the grant agreement, or during the time
8		limitation to grant fund expenditures set forth in this
9		Section, must be returned to the grantor agency within 45
10		days, if the funds are not already on deposit with the grantor
11		agency or the State Treasurer. Such returned funds shall be
12		deposited into the fund from which the original grant
13		disbursement to the grantee was made.
14		(Source: P.A. 99-606, eff. 7-22-16.)
15		Section 10-5. The Illinois Public Aid Code is amended by
16		changing Sections 12-4.7 and 12-10.10 as follows:
17		(305 ILCS 5/12-4.7) (from Ch. 23, par. 12-4.7)
18		Sec. 12-4.7. Co-operation with other agencies. Make use
19		of, aid and co-operate with State and local governmental
20		agencies, and co-operate with and assist other governmental
21		and private agencies and organizations engaged in welfare
22		functions.
23		This grant of authority includes the powers necessary for
24		the Department of Healthcare and Family Services to administer

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1		the Illinois Health and Human Services Innovation Incubator
2		(HHSi2) project. The Department of Healthcare and Family
3		Services shall cochair with the Governor's Office of
4		Management and Budget an Executive Steering Committee of
5		partner State agencies to coordinate the HHSi2 project. The
6		powers and duties of the Executive Steering Committee shall be
7		established by intergovernmental agreement. In addition, the
8		Department of Healthcare and Family Services is authorized,
9		without limitation, to enter into agreements with federal
10		agencies, to create and implement the HHSi2 Shared
11		Interoperability Platform, and to create all Implementation
12		Advance Planning documents for the HHSi2 project.
13		(Source: P.A. 92-111, eff. 1-1-02.)
14		(305 ILCS 5/12-10.10)
15		Sec. 12-10.10. HFS DHS Technology Initiative Fund.
16		(a) The HFS DHS Technology Initiative Fund is hereby
17		created as a trust fund within the State treasury with the
18		State Treasurer as the ex-officio custodian of the Fund.
19		(b) The Department of Healthcare and Family Human Services
20		may accept and receive grants, awards, gifts, and bequests, or
21		other moneys from any source, public or private, in support of
22		information technology initiatives. Those moneys Moneys
23		received in support of information technology initiatives, and
24		any interest earned thereon, shall be deposited into the HFS
25		DHS Technology Initiative Fund.

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1		(c) Moneys in the Fund may be used by the Department of
2		Healthcare and Family Human Services for the purpose of making
3		grants associated with the development and implementation of
4		information technology projects or paying for operational
5		expenses of the Department of Healthcare and Family Human
6		Services related to such projects. The Department of
7		Healthcare and Family Services may use moneys in the Fund to
8		pay for administrative, operational, and project expenses of
9		the Illinois Health and Human Services Innovation Incubator
10		(HHSi2) project. Notwithstanding any provision of law to the
11		contrary, the Department of Human Services shall have the
12		authority to satisfy all Fiscal Year 2023 outstanding
13		expenditure obligations or liabilities payable from the Fund
14		pursuant to Section 25 of the State Finance Act.
15		(d) The Department of Healthcare and Family Human
16		Services, in consultation with the Department of Innovation
17		and Technology, shall use the funds deposited into in the HFS
18		DHS Technology Initiative Fund to pay for information
19		technology solutions either provided by Department of
20		Innovation and Technology or arranged or coordinated by the
21		Department of Innovation and Technology.
22		(Source: P.A. 100-611, eff. 7-20-18; 101-275, eff. 8-9-19.)
23		Section 10-10. The Illinois Affordable Housing Act is
24		amended by changing Sections 3 and 5 as follows:

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1		(310 ILCS 65/3) (from Ch. 67 1/2, par. 1253)
2		Sec. 3. Definitions. As used in this Act:
3		(a) "Program" means the Illinois Affordable Housing
4		Program.
5		(b) "Trust Fund" means the Illinois Affordable Housing
6		Trust Fund.
7		(b-5) "Capital Fund" means the Illinois Affordable Housing
8		Capital Fund.
9		(c) "Low-income household" means a single person, family
10		or unrelated persons living together whose adjusted income is
11		more than 50%, but less than 80%, of the median income of the
12		area of residence, adjusted for family size, as such adjusted
13		income and median income for the area are determined from time
14		to time by the United States Department of Housing and Urban
15		Development for purposes of Section 8 of the United States
16		Housing Act of 1937.
17		(d) "Very low-income household" means a single person,
18		family or unrelated persons living together whose adjusted
19		income is not more than 50% of the median income of the area of
20		residence, adjusted for family size, as such adjusted income
21		and median income for the area are determined from time to time
22		by the United States Department of Housing and Urban
23		Development for purposes of Section 8 of the United States
24		Housing Act of 1937.
25		(e) "Affordable housing" means residential housing that,
26		so long as the same is occupied by low-income households or

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

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

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1		(s) "Common household pet" means a domesticated animal,
2		such as a dog (canis lupus familiaris) or cat (felis catus),
3		which is commonly kept in the home for pleasure rather than for
4		commercial purposes.
5		(Source: P.A. 102-283, eff. 1-1-22.)
6		(310 ILCS 65/5) (from Ch. 67 1/2, par. 1255)
7		Sec. 5. Illinois Affordable Housing Trust Fund.
8		(a) There is hereby created the Illinois Affordable
9		Housing Trust Fund, hereafter referred to in this Act as the
10		"Trust Fund" to be held as a separate fund within the State
11		Treasury and to be administered by the Program Administrator.
12		The purpose of the Trust Fund is to finance projects of the
13		Illinois Affordable Housing Program as authorized and approved
14		by the Program Administrator. The Funding Agent shall
15		establish, within the Trust Fund, a General Account, a Bond
16		Account, a Commitment Account and a Development Credits
17		Account. The Funding Agent shall authorize distribution of
18		Trust Fund moneys to the Program Administrator or a payee
19		designated by the Program Administrator for purposes
20		authorized by this Act. After receipt of the Trust Fund moneys
21		by the Program Administrator or designated payee, the Program
22		Administrator shall ensure that all those moneys are expended
23		for a public purpose and only as authorized by this Act.
24		(b) Except as otherwise provided in Section 8(c) of this
25		Act, there shall be deposited in the Trust Fund such amounts as

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1		may become available under the provisions of this Act,
2		including, but not limited to:
3		(1) all receipts, including dividends, principal and
4		interest repayments attributable to any loans or
5		agreements funded from the Trust Fund;
6		(2) all proceeds of assets of whatever nature received
7		by the Program Administrator, and attributable to default
8		with respect to loans or agreements funded from the Trust
9		Fund;
10		(3) any appropriations, grants or gifts of funds or
11		property, or financial or other aid from any federal or
12		State agency or body, local government or any other public
13		organization or private individual made to the Trust Fund;
14		(4) any income received as a result of the investment
15		of moneys in the Trust Fund;
16		(5) all fees or charges collected by the Program
17		Administrator or Funding Agent pursuant to this Act;
18		(6) amounts as provided in Section 31-35 of the Real
19		Estate Transfer Tax Law an amount equal to one half of all
20		proceeds collected by the Funding Agent pursuant to
21		Section 3 of the Real Estate Transfer Tax Act, as amended;
22		(7) other funds as appropriated by the General
23		Assembly; and
24		(8) any income, less costs and fees associated with
25		the Program Escrow, received by the Program Administrator
26		that is derived from Trust Fund Moneys held in the Program

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1		Escrow prior to expenditure of such Trust Fund Moneys.
2		(c) Additional Trust Fund Purpose: Receipt and use of
3		federal funding for programs responding to the COVID-19 public
4		health emergency. Notwithstanding any other provision of this
5		Act or any other law limiting or directing the use of the Trust
6		Fund, the Trust Fund may receive, directly or indirectly,
7		federal funds from the Homeowner Assistance Fund authorized
8		under Section 3206 of the federal American Rescue Plan Act of
9		2021 (Public Law 117-2). Any such funds shall be deposited
10		into a Homeowner Assistance Account which shall be established
11		within the Trust Fund by the Funding Agent so that such funds
12		can be accounted for separately from other funds in the Trust
13		Fund. Such funds may be used only in the manner and for the
14		purposes authorized in Section 3206 of the American Rescue
15		Plan Act of 2021 and in related federal guidance. Also, the
16		Trust Fund may receive, directly or indirectly, federal funds
17		from the Emergency Rental Assistance Program authorized under
18		Section 3201 of the federal American Rescue Plan Act of 2021
19		and Section 501 of Subtitle A of Title V of Division N of the
20		Consolidated Appropriations Act, 2021 (Public Law 116–260).
21		Any such funds shall be deposited into an Emergency Rental
22		Assistance Account which shall be established within the Trust
23		Fund by the Funding Agent so that such funds can be accounted
24		for separately from other funds in the Trust Fund. Such funds
25		may be used only in the manner and for the purposes authorized
26		in Section 3201 of the American Rescue Plan Act of 2021 and in

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1		related federal guidance. Expenditures under this subsection
2		(c) are subject to annual appropriation to the Funding Agent.
3		Unless used in this subsection (c), the defined terms set
4		forth in Section 3 shall not apply to funds received pursuant
5		to the American Rescue Plan Act of 2021. Notwithstanding any
6		other provision of this Act or any other law limiting or
7		directing the use of the Trust Fund, funds received under the
8		American Rescue Plan Act of 2021 are not subject to the terms
9		and provisions of this Act except as specifically set forth in
10		this subsection (c).
11		(Source: P.A. 102-16, eff. 6-17-21.)
12		ARTICLE 15.
13		Section 15-5. The Illinois Administrative Procedure Act is
14		amended by adding Sections 5-45.42 and 5-45.43 as follows:
15		(5 ILCS 100/5-45.42 new)
16		Sec. 5-45.42. Emergency rulemaking; Mental Health and
17		Developmental Disabilities Administrative Act. To provide for
18		the expeditious and timely implementation of the changes made
19		to Section 74 of the Mental Health and Developmental
20		Disabilities Administrative Act by this amendatory Act of the
21		103rd General Assembly, emergency rules implementing the
22		changes made to that Section by this amendatory Act of the
23		103rd General Assembly may be adopted in accordance with

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1		Section 5-45 by the Department of Human Services or other
2		department essential to the implementation of the changes. The
3		adoption of emergency rules authorized by Section 5-45 and
4		this Section is deemed to be necessary for the public
5		interest, safety, and welfare.
6		This Section is repealed one year after the effective date
7		of this Section.
8		(5 ILCS 100/5-45.43 new)
9		Sec. 5-45.43. Emergency rulemaking; Illinois Public Aid
10		Code. To provide for the expeditious and timely implementation
11		of the changes made to the Illinois Public Aid Code by this
12		amendatory Act of the 103rd General Assembly, emergency rules
13		implementing the changes made to that Code by this amendatory
14		Act of the 103rd General Assembly may be adopted in accordance
15		with Section 5-45 by the Department of Healthcare and Family
16		Services or other department essential to the implementation
17		of the changes. The adoption of emergency rules authorized by
18		Section 5-45 and this Section is deemed to be necessary for the
19		public interest, safety, and welfare.
20		This Section is repealed one year after the effective date
21		of this Section.
22		Section 15-10. The Mental Health and Developmental
23		Disabilities Administrative Act is amended by changing Section
24		74 as follows:

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1		(20 ILCS 1705/74)
2		Sec. 74. Rates and reimbursements.
3		(a) Within 30 days after July 6, 2017 (the effective date
4		of Public Act 100-23), the Department shall increase rates and
5		reimbursements to fund a minimum of a $0.75 per hour wage
6		increase for front-line personnel, including, but not limited
7		to, direct support professionals, aides, front-line
8		supervisors, qualified intellectual disabilities
9		professionals, nurses, and non-administrative support staff
10		working in community-based provider organizations serving
11		individuals with developmental disabilities. The Department
12		shall adopt rules, including emergency rules under subsection
13		(y) of Section 5-45 of the Illinois Administrative Procedure
14		Act, to implement the provisions of this Section.
15		(b) Rates and reimbursements. Within 30 days after June 4,
16		2018 (the effective date of Public Act 100-587) this
17		amendatory Act of the 100th General Assembly, the Department
18		shall increase rates and reimbursements to fund a minimum of a
19		$0.50 per hour wage increase for front-line personnel,
20		including, but not limited to, direct support professionals,
21		aides, front-line supervisors, qualified intellectual
22		disabilities professionals, nurses, and non-administrative
23		support staff working in community-based provider
24		organizations serving individuals with developmental
25		disabilities. The Department shall adopt rules, including

HB3817 Enrolled - 471 - LRB103 30519 DTM 56952 b
1		emergency rules under subsection (bb) of Section 5-45 of the
2		Illinois Administrative Procedure Act, to implement the
3		provisions of this Section.
4		(c) Rates and reimbursements. Within 30 days after June 5,
5		2019 (the effective date of Public Act 101-10) this amendatory
6		Act of the 101st General Assembly, subject to federal
7		approval, the Department shall increase rates and
8		reimbursements in effect on June 30, 2019 for community-based
9		providers for persons with Developmental Disabilities by 3.5%
10		The Department shall adopt rules, including emergency rules
11		under subsection (jj) of Section 5-45 of the Illinois
12		Administrative Procedure Act, to implement the provisions of
13		this Section, including wage increases for direct care staff.
14		(d) For community-based providers serving persons with
15		intellectual/developmental disabilities, subject to federal
16		approval of any relevant Waiver Amendment, the rates taking
17		effect for services delivered on or after January 1, 2022,
18		shall include an increase in the rate methodology sufficient
19		to provide a $1.50 per hour wage increase for direct support
20		professionals in residential settings and sufficient to
21		provide wages for all residential non-executive direct care
22		staff, excluding direct support professionals, at the federal
23		Department of Labor, Bureau of Labor Statistics' average wage
24		as defined in rule by the Department.
25		The establishment of and any changes to the rate
26		methodologies for community-based services provided to persons

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1		with intellectual/developmental disabilities are subject to
2		federal approval of any relevant Waiver Amendment and shall be
3		defined in rule by the Department. The Department shall adopt
4		rules, including emergency rules as authorized by Section 5-45
5		of the Illinois Administrative Procedure Act, to implement the
6		provisions of this subsection (d).
7		(e) For community-based providers serving persons with
8		intellectual/developmental disabilities, subject to federal
9		approval of any relevant Waiver Amendment, the rates taking
10		effect for services delivered on or after January 1, 2023,
11		shall include an increase in the rate methodology sufficient
12		to provide a $1.00 per hour wage increase for all direct
13		support professionals personnel and all other frontline
14		personnel who are not subject to the Bureau of Labor
15		Statistics' average wage increases, who work in residential
16		and community day services settings, with at least $0.50 of
17		those funds to be provided as a direct increase to base wages,
18		with the remaining $0.50 to be used flexibly for base wage
19		increases. In addition, the rates taking effect for services
20		delivered on or after January 1, 2023 shall include an
21		increase sufficient to provide wages for all residential
22		non-executive direct care staff, excluding direct support
23		professionals personnel, at the federal Department of Labor,
24		Bureau of Labor Statistics' average wage as defined in rule by
25		the Department.
26		The establishment of and any changes to the rate

HB3817 Enrolled - 473 - LRB103 30519 DTM 56952 b
1		methodologies for community-based services provided to persons
2		with intellectual/developmental disabilities are subject to
3		federal approval of any relevant Waiver Amendment and shall be
4		defined in rule by the Department. The Department shall adopt
5		rules, including emergency rules as authorized by Section 5-45
6		of the Illinois Administrative Procedure Act, to implement the
7		provisions of this subsection.
8		(f) For community-based providers serving persons with
9		intellectual/developmental disabilities, subject to federal
10		approval of any relevant Waiver Amendment, the rates taking
11		effect for services delivered on or after January 1, 2024
12		shall include an increase in the rate methodology sufficient
13		to provide a $2.50 per hour wage increase for all direct
14		support professionals and all other frontline personnel who
15		are not subject to the Bureau of Labor Statistics' average
16		wage increases and who work in residential and community day
17		services settings. At least $1.25 of the per hour wage
18		increase shall be provided as a direct increase to base wages,
19		and the remaining $1.25 of the per hour wage increase shall be
20		used flexibly for base wage increases. In addition, the rates
21		taking effect for services delivered on or after January 1,
22		2024 shall include an increase sufficient to provide wages for
23		all residential non-executive direct care staff, excluding
24		direct support professionals, at the federal Department of
25		Labor, Bureau of Labor Statistics' average wage as defined in
26		rule by the Department.

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1		The establishment of and any changes to the rate
2		methodologies for community-based services provided to persons
3		with intellectual/developmental disabilities are subject to
4		federal approval of any relevant Waiver Amendment and shall be
5		defined in rule by the Department. The Department shall adopt
6		rules, including emergency rules as authorized by Section 5-45
7		of the Illinois Administrative Procedure Act, to implement the
8		provisions of this subsection.
9		(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21;
10		102-699, eff. 4-19-22; 102-830, eff. 1-1-23; revised
11		12-13-22.)
12		Section 15-15. The Illinois Public Aid Code is amended by
13		changing Sections 5-5.4, 5-5.7a, and 12-4.11 and by adding
14		Section 9A-17 as follows:
15		(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
16		Sec. 5-5.4. Standards of Payment - Department of
17		Healthcare and Family Services. The Department of Healthcare
18		and Family Services shall develop standards of payment of
19		nursing facility and ICF/DD services in facilities providing
20		such services under this Article which:
21		(1) Provide for the determination of a facility's payment
22		for nursing facility or ICF/DD services on a prospective
23		basis. The amount of the payment rate for all nursing
24		facilities certified by the Department of Public Health under

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1		the ID/DD Community Care Act or the Nursing Home Care Act as
2		Intermediate Care for the Developmentally Disabled facilities,
3		Long Term Care for Under Age 22 facilities, Skilled Nursing
4		facilities, or Intermediate Care facilities under the medical
5		assistance program shall be prospectively established annually
6		on the basis of historical, financial, and statistical data
7		reflecting actual costs from prior years, which shall be
8		applied to the current rate year and updated for inflation,
9		except that the capital cost element for newly constructed
10		facilities shall be based upon projected budgets. The annually
11		established payment rate shall take effect on July 1 in 1984
12		and subsequent years. No rate increase and no update for
13		inflation shall be provided on or after July 1, 1994, unless
14		specifically provided for in this Section. The changes made by
15		Public Act 93-841 extending the duration of the prohibition
16		against a rate increase or update for inflation are effective
17		retroactive to July 1, 2004.
18		For facilities licensed by the Department of Public Health
19		under the Nursing Home Care Act as Intermediate Care for the
20		Developmentally Disabled facilities or Long Term Care for
21		Under Age 22 facilities, the rates taking effect on July 1,
22		1998 shall include an increase of 3%. For facilities licensed
23		by the Department of Public Health under the Nursing Home Care
24		Act as Skilled Nursing facilities or Intermediate Care
25		facilities, the rates taking effect on July 1, 1998 shall
26		include an increase of 3% plus $1.10 per resident-day, as

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1		defined by the Department. For facilities licensed by the
2		Department of Public Health under the Nursing Home Care Act as
3		Intermediate Care Facilities for the Developmentally Disabled
4		or Long Term Care for Under Age 22 facilities, the rates taking
5		effect on January 1, 2006 shall include an increase of 3%. For
6		facilities licensed by the Department of Public Health under
7		the Nursing Home Care Act as Intermediate Care Facilities for
8		the Developmentally Disabled or Long Term Care for Under Age
9		22 facilities, the rates taking effect on January 1, 2009
10		shall include an increase sufficient to provide a $0.50 per
11		hour wage increase for non-executive staff. For facilities
12		licensed by the Department of Public Health under the ID/DD
13		Community Care Act as ID/DD Facilities the rates taking effect
14		within 30 days after July 6, 2017 (the effective date of Public
15		Act 100-23) shall include an increase sufficient to provide a
16		$0.75 per hour wage increase for non-executive staff. The
17		Department shall adopt rules, including emergency rules under
18		subsection (y) of Section 5-45 of the Illinois Administrative
19		Procedure Act, to implement the provisions of this paragraph.
20		For facilities licensed by the Department of Public Health
21		under the ID/DD Community Care Act as ID/DD Facilities and
22		under the MC/DD Act as MC/DD Facilities, the rates taking
23		effect within 30 days after June 5, 2019 (the effective date of
24		Public Act 101-10) this amendatory Act of the 100th General
25		Assembly shall include an increase sufficient to provide a
26		$0.50 per hour wage increase for non-executive front-line

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1		personnel, including, but not limited to, direct support
2		persons, aides, front-line supervisors, qualified intellectual
3		disabilities professionals, nurses, and non-administrative
4		support staff. The Department shall adopt rules, including
5		emergency rules under subsection (bb) of Section 5-45 of the
6		Illinois Administrative Procedure Act, to implement the
7		provisions of this paragraph.
8		For facilities licensed by the Department of Public Health
9		under the Nursing Home Care Act as Intermediate Care for the
10		Developmentally Disabled facilities or Long Term Care for
11		Under Age 22 facilities, the rates taking effect on July 1,
12		1999 shall include an increase of 1.6% plus $3.00 per
13		resident-day, as defined by the Department. For facilities
14		licensed by the Department of Public Health under the Nursing
15		Home Care Act as Skilled Nursing facilities or Intermediate
16		Care facilities, the rates taking effect on July 1, 1999 shall
17		include an increase of 1.6% and, for services provided on or
18		after October 1, 1999, shall be increased by $4.00 per
19		resident-day, as defined by the Department.
20		For facilities licensed by the Department of Public Health
21		under the Nursing Home Care Act as Intermediate Care for the
22		Developmentally Disabled facilities or Long Term Care for
23		Under Age 22 facilities, the rates taking effect on July 1,
24		2000 shall include an increase of 2.5% per resident-day, as
25		defined by the Department. For facilities licensed by the
26		Department of Public Health under the Nursing Home Care Act as

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1		Skilled Nursing facilities or Intermediate Care facilities,
2		the rates taking effect on July 1, 2000 shall include an
3		increase of 2.5% per resident-day, as defined by the
4		Department.
5		For facilities licensed by the Department of Public Health
6		under the Nursing Home Care Act as skilled nursing facilities
7		or intermediate care facilities, a new payment methodology
8		must be implemented for the nursing component of the rate
9		effective July 1, 2003. The Department of Public Aid (now
10		Healthcare and Family Services) shall develop the new payment
11		methodology using the Minimum Data Set (MDS) as the instrument
12		to collect information concerning nursing home resident
13		condition necessary to compute the rate. The Department shall
14		develop the new payment methodology to meet the unique needs
15		of Illinois nursing home residents while remaining subject to
16		the appropriations provided by the General Assembly. A
17		transition period from the payment methodology in effect on
18		June 30, 2003 to the payment methodology in effect on July 1,
19		2003 shall be provided for a period not exceeding 3 years and
20		184 days after implementation of the new payment methodology
21		as follows:
22		(A) For a facility that would receive a lower nursing
23		component rate per patient day under the new system than
24		the facility received effective on the date immediately
25		preceding the date that the Department implements the new
26		payment methodology, the nursing component rate per

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1		patient day for the facility shall be held at the level in
2		effect on the date immediately preceding the date that the
3		Department implements the new payment methodology until a
4		higher nursing component rate of reimbursement is achieved
5		by that facility.
6		(B) For a facility that would receive a higher nursing
7		component rate per patient day under the payment
8		methodology in effect on July 1, 2003 than the facility
9		received effective on the date immediately preceding the
10		date that the Department implements the new payment
11		methodology, the nursing component rate per patient day
12		for the facility shall be adjusted.
13		(C) Notwithstanding paragraphs (A) and (B), the
14		nursing component rate per patient day for the facility
15		shall be adjusted subject to appropriations provided by
16		the General Assembly.
17		For facilities licensed by the Department of Public Health
18		under the Nursing Home Care Act as Intermediate Care for the
19		Developmentally Disabled facilities or Long Term Care for
20		Under Age 22 facilities, the rates taking effect on March 1,
21		2001 shall include a statewide increase of 7.85%, as defined
22		by the Department.
23		Notwithstanding any other provision of this Section, for
24		facilities licensed by the Department of Public Health under
25		the Nursing Home Care Act as skilled nursing facilities or
26		intermediate care facilities, except facilities participating

HB3817 Enrolled - 480 - LRB103 30519 DTM 56952 b
1		in the Department's demonstration program pursuant to the
2		provisions of Title 77, Part 300, Subpart T of the Illinois
3		Administrative Code, the numerator of the ratio used by the
4		Department of Healthcare and Family Services to compute the
5		rate payable under this Section using the Minimum Data Set
6		(MDS) methodology shall incorporate the following annual
7		amounts as the additional funds appropriated to the Department
8		specifically to pay for rates based on the MDS nursing
9		component methodology in excess of the funding in effect on
10		December 31, 2006:
11		(i) For rates taking effect January 1, 2007,
12		$60,000,000.
13		(ii) For rates taking effect January 1, 2008,
14		$110,000,000.
15		(iii) For rates taking effect January 1, 2009,
16		$194,000,000.
17		(iv) For rates taking effect April 1, 2011, or the
18		first day of the month that begins at least 45 days after
19		February 16, 2011 (the effective date of Public Act
20		96-1530) this amendatory Act of the 96th General Assembly,
21		$416,500,000 or an amount as may be necessary to complete
22		the transition to the MDS methodology for the nursing
23		component of the rate. Increased payments under this item
24		(iv) are not due and payable, however, until (i) the
25		methodologies described in this paragraph are approved by
26		the federal government in an appropriate State Plan

HB3817 Enrolled - 481 - LRB103 30519 DTM 56952 b
1		amendment and (ii) the assessment imposed by Section 5B-2
2		of this Code is determined to be a permissible tax under
3		Title XIX of the Social Security Act.
4		Notwithstanding any other provision of this Section, for
5		facilities licensed by the Department of Public Health under
6		the Nursing Home Care Act as skilled nursing facilities or
7		intermediate care facilities, the support component of the
8		rates taking effect on January 1, 2008 shall be computed using
9		the most recent cost reports on file with the Department of
10		Healthcare and Family Services no later than April 1, 2005,
11		updated for inflation to January 1, 2006.
12		For facilities licensed by the Department of Public Health
13		under the Nursing Home Care Act as Intermediate Care for the
14		Developmentally Disabled facilities or Long Term Care for
15		Under Age 22 facilities, the rates taking effect on April 1,
16		2002 shall include a statewide increase of 2.0%, as defined by
17		the Department. This increase terminates on July 1, 2002;
18		beginning July 1, 2002 these rates are reduced to the level of
19		the rates in effect on March 31, 2002, as defined by the
20		Department.
21		For facilities licensed by the Department of Public Health
22		under the Nursing Home Care Act as skilled nursing facilities
23		or intermediate care facilities, the rates taking effect on
24		July 1, 2001 shall be computed using the most recent cost
25		reports on file with the Department of Public Aid no later than
26		April 1, 2000, updated for inflation to January 1, 2001. For

HB3817 Enrolled - 482 - LRB103 30519 DTM 56952 b
1		rates effective July 1, 2001 only, rates shall be the greater
2		of the rate computed for July 1, 2001 or the rate effective on
3		June 30, 2001.
4		Notwithstanding any other provision of this Section, for
5		facilities licensed by the Department of Public Health under
6		the Nursing Home Care Act as skilled nursing facilities or
7		intermediate care facilities, the Illinois Department shall
8		determine by rule the rates taking effect on July 1, 2002,
9		which shall be 5.9% less than the rates in effect on June 30,
10		2002.
11		Notwithstanding any other provision of this Section, for
12		facilities licensed by the Department of Public Health under
13		the Nursing Home Care Act as skilled nursing facilities or
14		intermediate care facilities, if the payment methodologies
15		required under Section 5A-12 and the waiver granted under 42
16		CFR 433.68 are approved by the United States Centers for
17		Medicare and Medicaid Services, the rates taking effect on
18		July 1, 2004 shall be 3.0% greater than the rates in effect on
19		June 30, 2004. These rates shall take effect only upon
20		approval and implementation of the payment methodologies
21		required under Section 5A-12.
22		Notwithstanding any other provisions of this Section, for
23		facilities licensed by the Department of Public Health under
24		the Nursing Home Care Act as skilled nursing facilities or
25		intermediate care facilities, the rates taking effect on
26		January 1, 2005 shall be 3% more than the rates in effect on

HB3817 Enrolled - 483 - LRB103 30519 DTM 56952 b
1		December 31, 2004.
2		Notwithstanding any other provision of this Section, for
3		facilities licensed by the Department of Public Health under
4		the Nursing Home Care Act as skilled nursing facilities or
5		intermediate care facilities, effective January 1, 2009, the
6		per diem support component of the rates effective on January
7		1, 2008, computed using the most recent cost reports on file
8		with the Department of Healthcare and Family Services no later
9		than April 1, 2005, updated for inflation to January 1, 2006,
10		shall be increased to the amount that would have been derived
11		using standard Department of Healthcare and Family Services
12		methods, procedures, and inflators.
13		Notwithstanding any other provisions of this Section, for
14		facilities licensed by the Department of Public Health under
15		the Nursing Home Care Act as intermediate care facilities that
16		are federally defined as Institutions for Mental Disease, or
17		facilities licensed by the Department of Public Health under
18		the Specialized Mental Health Rehabilitation Act of 2013, a
19		socio-development component rate equal to 6.6% of the
20		facility's nursing component rate as of January 1, 2006 shall
21		be established and paid effective July 1, 2006. The
22		socio-development component of the rate shall be increased by
23		a factor of 2.53 on the first day of the month that begins at
24		least 45 days after January 11, 2008 (the effective date of
25		Public Act 95-707). As of August 1, 2008, the
26		socio-development component rate shall be equal to 6.6% of the

HB3817 Enrolled - 484 - LRB103 30519 DTM 56952 b
1		facility's nursing component rate as of January 1, 2006,
2		multiplied by a factor of 3.53. For services provided on or
3		after April 1, 2011, or the first day of the month that begins
4		at least 45 days after February 16, 2011 (the effective date of
5		Public Act 96-1530) this amendatory Act of the 96th General
6		Assembly, whichever is later, the Illinois Department may by
7		rule adjust these socio-development component rates, and may
8		use different adjustment methodologies for those facilities
9		participating, and those not participating, in the Illinois
10		Department's demonstration program pursuant to the provisions
11		of Title 77, Part 300, Subpart T of the Illinois
12		Administrative Code, but in no case may such rates be
13		diminished below those in effect on August 1, 2008.
14		For facilities licensed by the Department of Public Health
15		under the Nursing Home Care Act as Intermediate Care for the
16		Developmentally Disabled facilities or as long-term care
17		facilities for residents under 22 years of age, the rates
18		taking effect on July 1, 2003 shall include a statewide
19		increase of 4%, as defined by the Department.
20		For facilities licensed by the Department of Public Health
21		under the Nursing Home Care Act as Intermediate Care for the
22		Developmentally Disabled facilities or Long Term Care for
23		Under Age 22 facilities, the rates taking effect on the first
24		day of the month that begins at least 45 days after January 11,
25		2008 (the effective date of Public Act 95-707) this amendatory
26		Act of the 95th General Assembly shall include a statewide

HB3817 Enrolled - 485 - LRB103 30519 DTM 56952 b
1		increase of 2.5%, as defined by the Department.
2		Notwithstanding any other provision of this Section, for
3		facilities licensed by the Department of Public Health under
4		the Nursing Home Care Act as skilled nursing facilities or
5		intermediate care facilities, effective January 1, 2005,
6		facility rates shall be increased by the difference between
7		(i) a facility's per diem property, liability, and malpractice
8		insurance costs as reported in the cost report filed with the
9		Department of Public Aid and used to establish rates effective
10		July 1, 2001 and (ii) those same costs as reported in the
11		facility's 2002 cost report. These costs shall be passed
12		through to the facility without caps or limitations, except
13		for adjustments required under normal auditing procedures.
14		Rates established effective each July 1 shall govern
15		payment for services rendered throughout that fiscal year,
16		except that rates established on July 1, 1996 shall be
17		increased by 6.8% for services provided on or after January 1,
18		1997. Such rates will be based upon the rates calculated for
19		the year beginning July 1, 1990, and for subsequent years
20		thereafter until June 30, 2001 shall be based on the facility
21		cost reports for the facility fiscal year ending at any point
22		in time during the previous calendar year, updated to the
23		midpoint of the rate year. The cost report shall be on file
24		with the Department no later than April 1 of the current rate
25		year. Should the cost report not be on file by April 1, the
26		Department shall base the rate on the latest cost report filed

HB3817 Enrolled - 486 - LRB103 30519 DTM 56952 b
1		by each skilled care facility and intermediate care facility,
2		updated to the midpoint of the current rate year. In
3		determining rates for services rendered on and after July 1,
4		1985, fixed time shall not be computed at less than zero. The
5		Department shall not make any alterations of regulations which
6		would reduce any component of the Medicaid rate to a level
7		below what that component would have been utilizing in the
8		rate effective on July 1, 1984.
9		(2) Shall take into account the actual costs incurred by
10		facilities in providing services for recipients of skilled
11		nursing and intermediate care services under the medical
12		assistance program.
13		(3) Shall take into account the medical and psycho-social
14		characteristics and needs of the patients.
15		(4) Shall take into account the actual costs incurred by
16		facilities in meeting licensing and certification standards
17		imposed and prescribed by the State of Illinois, any of its
18		political subdivisions or municipalities and by the U.S.
19		Department of Health and Human Services pursuant to Title XIX
20		of the Social Security Act.
21		The Department of Healthcare and Family Services shall
22		develop precise standards for payments to reimburse nursing
23		facilities for any utilization of appropriate rehabilitative
24		personnel for the provision of rehabilitative services which
25		is authorized by federal regulations, including reimbursement
26		for services provided by qualified therapists or qualified

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1		assistants, and which is in accordance with accepted
2		professional practices. Reimbursement also may be made for
3		utilization of other supportive personnel under appropriate
4		supervision.
5		The Department shall develop enhanced payments to offset
6		the additional costs incurred by a facility serving
7		exceptional need residents and shall allocate at least
8		$4,000,000 of the funds collected from the assessment
9		established by Section 5B-2 of this Code for such payments.
10		For the purpose of this Section, "exceptional needs" means,
11		but need not be limited to, ventilator care and traumatic
12		brain injury care. The enhanced payments for exceptional need
13		residents under this paragraph are not due and payable,
14		however, until (i) the methodologies described in this
15		paragraph are approved by the federal government in an
16		appropriate State Plan amendment and (ii) the assessment
17		imposed by Section 5B-2 of this Code is determined to be a
18		permissible tax under Title XIX of the Social Security Act.
19		Beginning January 1, 2014 the methodologies for
20		reimbursement of nursing facility services as provided under
21		this Section 5-5.4 shall no longer be applicable for services
22		provided on or after January 1, 2014.
23		No payment increase under this Section for the MDS
24		methodology, exceptional care residents, or the
25		socio-development component rate established by Public Act
26		96-1530 of the 96th General Assembly and funded by the

HB3817 Enrolled - 488 - LRB103 30519 DTM 56952 b
1		assessment imposed under Section 5B-2 of this Code shall be
2		due and payable until after the Department notifies the
3		long-term care providers, in writing, that the payment
4		methodologies to long-term care providers required under this
5		Section have been approved by the Centers for Medicare and
6		Medicaid Services of the U.S. Department of Health and Human
7		Services and the waivers under 42 CFR 433.68 for the
8		assessment imposed by this Section, if necessary, have been
9		granted by the Centers for Medicare and Medicaid Services of
10		the U.S. Department of Health and Human Services. Upon
11		notification to the Department of approval of the payment
12		methodologies required under this Section and the waivers
13		granted under 42 CFR 433.68, all increased payments otherwise
14		due under this Section prior to the date of notification shall
15		be due and payable within 90 days of the date federal approval
16		is received.
17		On and after July 1, 2012, the Department shall reduce any
18		rate of reimbursement for services or other payments or alter
19		any methodologies authorized by this Code to reduce any rate
20		of reimbursement for services or other payments in accordance
21		with Section 5-5e.
22		For facilities licensed by the Department of Public Health
23		under the ID/DD Community Care Act as ID/DD Facilities and
24		under the MC/DD Act as MC/DD Facilities, subject to federal
25		approval, the rates taking effect for services delivered on or
26		after August 1, 2019 shall be increased by 3.5% over the rates

HB3817 Enrolled - 489 - LRB103 30519 DTM 56952 b
1		in effect on June 30, 2019. The Department shall adopt rules,
2		including emergency rules under subsection (ii) of Section
3		5-45 of the Illinois Administrative Procedure Act, to
4		implement the provisions of this Section, including wage
5		increases for direct care staff.
6		For facilities licensed by the Department of Public Health
7		under the ID/DD Community Care Act as ID/DD Facilities and
8		under the MC/DD Act as MC/DD Facilities, subject to federal
9		approval, the rates taking effect on the latter of the
10		approval date of the State Plan Amendment for these facilities
11		or the Waiver Amendment for the home and community-based
12		services settings shall include an increase sufficient to
13		provide a $0.26 per hour wage increase to the base wage for
14		non-executive staff. The Department shall adopt rules,
15		including emergency rules as authorized by Section 5-45 of the
16		Illinois Administrative Procedure Act, to implement the
17		provisions of this Section, including wage increases for
18		direct care staff.
19		For facilities licensed by the Department of Public Health
20		under the ID/DD Community Care Act as ID/DD Facilities and
21		under the MC/DD Act as MC/DD Facilities, subject to federal
22		approval of the State Plan Amendment and the Waiver Amendment
23		for the home and community-based services settings, the rates
24		taking effect for the services delivered on or after July 1,
25		2020 shall include an increase sufficient to provide a $1.00
26		per hour wage increase for non-executive staff. For services

HB3817 Enrolled - 490 - LRB103 30519 DTM 56952 b
1		delivered on or after January 1, 2021, subject to federal
2		approval of the State Plan Amendment and the Waiver Amendment
3		for the home and community-based services settings, shall
4		include an increase sufficient to provide a $0.50 per hour
5		increase for non-executive staff. The Department shall adopt
6		rules, including emergency rules as authorized by Section 5-45
7		of the Illinois Administrative Procedure Act, to implement the
8		provisions of this Section, including wage increases for
9		direct care staff.
10		For facilities licensed by the Department of Public Health
11		under the ID/DD Community Care Act as ID/DD Facilities and
12		under the MC/DD Act as MC/DD Facilities, subject to federal
13		approval of the State Plan Amendment, the rates taking effect
14		for the residential services delivered on or after July 1,
15		2021, shall include an increase sufficient to provide a $0.50
16		per hour increase for aides in the rate methodology. For
17		facilities licensed by the Department of Public Health under
18		the ID/DD Community Care Act as ID/DD Facilities and under the
19		MC/DD Act as MC/DD Facilities, subject to federal approval of
20		the State Plan Amendment, the rates taking effect for the
21		residential services delivered on or after January 1, 2022
22		shall include an increase sufficient to provide a $1.00 per
23		hour increase for aides in the rate methodology. In addition,
24		for residential services delivered on or after January 1, 2022
25		such rates shall include an increase sufficient to provide
26		wages for all residential non-executive direct care staff,

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1		excluding aides, at the federal Department of Labor, Bureau of
2		Labor Statistics' average wage as defined in rule by the
3		Department. The Department shall adopt rules, including
4		emergency rules as authorized by Section 5-45 of the Illinois
5		Administrative Procedure Act, to implement the provisions of
6		this Section.
7		For facilities licensed by the Department of Public Health
8		under the ID/DD Community Care Act as ID/DD facilities and
9		under the MC/DD Act as MC/DD facilities, subject to federal
10		approval of the State Plan Amendment, the rates taking effect
11		for services delivered on or after January 1, 2023, shall
12		include a $1.00 per hour wage increase for all direct support
13		personnel and all other frontline personnel who are not
14		subject to the Bureau of Labor Statistics' average wage
15		increases, who work in residential and community day services
16		settings, with at least $0.50 of those funds to be provided as
17		a direct increase to all aide base wages, with the remaining
18		$0.50 to be used flexibly for base wage increases to the rate
19		methodology for aides. In addition, for residential services
20		delivered on or after January 1, 2023 the rates shall include
21		an increase sufficient to provide wages for all residential
22		non-executive direct care staff, excluding aides, at the
23		federal Department of Labor, Bureau of Labor Statistics'
24		average wage as determined by the Department. Also, for
25		services delivered on or after January 1, 2023, the rates will
26		include adjustments to employment-related expenses as defined

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1		in rule by the Department. The Department shall adopt rules,
2		including emergency rules as authorized by Section 5-45 of the
3		Illinois Administrative Procedure Act, to implement the
4		provisions of this Section.
5		For facilities licensed by the Department of Public Health
6		under the ID/DD Community Care Act as ID/DD facilities and
7		under the MC/DD Act as MC/DD facilities, subject to federal
8		approval of the State Plan Amendment, the rates taking effect
9		for services delivered on or after January 1, 2024 shall
10		include a $2.50 per hour wage increase for all direct support
11		personnel and all other frontline personnel who are not
12		subject to the Bureau of Labor Statistics' average wage
13		increases and who work in residential and community day
14		services settings. At least $1.25 of the per hour wage
15		increase shall be provided as a direct increase to all aide
16		base wages, and the remaining $1.25 of the per hour wage
17		increase shall be used flexibly for base wage increases to the
18		rate methodology for aides. In addition, for residential
19		services delivered on or after January 1, 2024, the rates
20		shall include an increase sufficient to provide wages for all
21		residential non-executive direct care staff, excluding aides,
22		at the federal Department of Labor, Bureau of Labor
23		Statistics' average wage as determined by the Department.
24		Also, for services delivered on or after January 1, 2024, the
25		rates will include adjustments to employment-related expenses
26		as defined in rule by the Department. The Department shall

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1		adopt rules, including emergency rules as authorized by
2		Section 5-45 of the Illinois Administrative Procedure Act, to
3		implement the provisions of this Section.
4		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
5		102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
6		(305 ILCS 5/5-5.7a)
7		Sec. 5-5.7a. Pandemic related stability payments for
8		health care providers. Notwithstanding other provisions of
9		law, and in accordance with the Illinois Emergency Management
10		Agency, the Department of Healthcare and Family Services shall
11		develop a process to distribute pandemic related stability
12		payments, from federal sources dedicated for such purposes, to
13		health care providers that are providing care to recipients
14		under the Medical Assistance Program. For provider types
15		serving residents who are recipients of medical assistance
16		under this Code and are funded by other State agencies, the
17		Department will coordinate the distribution process of the
18		pandemic related stability payments. Federal sources dedicated
19		to pandemic related payments include, but are not limited to,
20		funds distributed to the State of Illinois from the
21		Coronavirus Relief Fund pursuant to the Coronavirus Aid,
22		Relief, and Economic Security Act ("CARES Act") and from the
23		Coronavirus State Fiscal Recovery Fund pursuant to Section
24		9901 of the American Rescue Plan Act of 2021, that are
25		appropriated to the Department during Fiscal Years 2020, 2021,

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1		and 2022 for purposes permitted by those federal laws and
2		related federal guidance.
3		(1) Pandemic related stability payments for these
4		providers shall be separate and apart from any rate
5		methodology otherwise defined in this Code to the extent
6		permitted in accordance with Section 5001 of the CARES Act
7		and Section 9901 of the American Rescue Plan Act of 2021
8		and any related federal guidance.
9		(2) Payments made from moneys received from the
10		Coronavirus Relief Fund shall be used exclusively for
11		expenses incurred by the providers that are eligible for
12		reimbursement from the Coronavirus Relief Fund in
13		accordance with Section 5001 of the CARES Act and related
14		federal guidance. Payments made from moneys received from
15		the Coronavirus State Fiscal Recovery Fund shall be used
16		exclusively for purposes permitted by Section 9901 of the
17		American Rescue Plan Act of 2021 and related federal
18		guidance.
19		(3) All providers receiving pandemic related stability
20		payments shall attest in a format to be created by the
21		Department and be able to demonstrate that their expenses
22		are pandemic related, were not part of their annual
23		budgets established before March 1, 2020.
24		(4) Pandemic related stability payments will be
25		distributed based on a schedule and framework to be
26		established by the Department with recognition of the

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1		pandemic related acuity of the situation for each
2		provider, taking into account the factors including, but
3		not limited to, the following:
4		(A) the impact of the pandemic on patients served,
5		impact on staff, and shortages of the personal
6		protective equipment necessary for infection control
7		efforts for all providers;
8		(B) COVID-19 positivity rates among staff, or
9		patients, or both;
10		(C) pandemic related workforce challenges and
11		costs associated with temporary wage increases
12		associated with pandemic related hazard pay programs,
13		or costs associated with which providers do not have
14		enough staff to adequately provide care and protection
15		to the residents and other staff;
16		(D) providers with significant reductions in
17		utilization that result in corresponding reductions in
18		revenue as a result of the pandemic, including, but
19		not limited to, the cancellation or postponement of
20		elective procedures and visits;
21		(E) pandemic related payments received directly by
22		the providers through other federal resources;
23		(F) current efforts to respond to and provide
24		services to communities disproportionately impacted by
25		the COVID-19 public health emergency, including
26		low-income and socially vulnerable communities that

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1		have seen the most severe health impacts and
2		exacerbated health inequities along racial, ethnic,
3		and socioeconomic lines; and
4		(G) provider needs for capital improvements to
5		existing facilities, including upgrades to HVAC and
6		ventilation systems and capital improvements for
7		enhancing infection control or reducing crowding,
8		which may include bed-buybacks.
9		(5) Pandemic related stability payments made from
10		moneys received from the Coronavirus Relief Fund will be
11		distributed to providers based on a methodology to be
12		administered by the Department with amounts determined by
13		a calculation of total federal pandemic related funds
14		appropriated by the Illinois General Assembly for this
15		purpose. Providers receiving the pandemic related
16		stability payments will attest to their increased costs,
17		declining revenues, and receipt of additional pandemic
18		related funds directly from the federal government.
19		(6) Of the payments provided for by this Section made
20		from moneys received from the Coronavirus Relief Fund, a
21		minimum of 30% shall be allotted for health care providers
22		that serve the ZIP codes located in the most
23		disproportionately impacted areas of Illinois, based on
24		positive COVID-19 cases based on data collected by the
25		Department of Public Health and provided to the Department
26		of Healthcare and Family Services.

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1		(7) From funds appropriated, directly or indirectly,
2		from moneys received by the State from the Coronavirus
3		State Fiscal Recovery Fund for Fiscal Years 2021 and 2022,
4		the Department shall expend such funds only for purposes
5		permitted by Section 9901 of the American Rescue Plan Act
6		of 2021 and related federal guidance. Such expenditures
7		may include, but are not limited to: payments to providers
8		for costs incurred due to the COVID-19 public health
9		emergency; unreimbursed costs for testing and treatment of
10		uninsured Illinois residents; costs of COVID-19 mitigation
11		and prevention; medical expenses related to aftercare or
12		extended care for COVID-19 patients with longer term
13		symptoms and effects; costs of behavioral health care;
14		costs of public health and safety staff; and expenditures
15		permitted in order to address (i) disparities in public
16		health outcomes, (ii) nursing and other essential health
17		care workforce investments, (iii) exacerbation of
18		pre-existing disparities, and (iv) promoting healthy
19		childhood environments.
20		(8) From funds appropriated, directly or indirectly,
21		from moneys received by the State from the Coronavirus
22		State Fiscal Recovery Fund for Fiscal Years 2022 and 2023,
23		the Department shall establish a program for making
24		payments to long term care service providers and
25		facilities, for purposes related to financial support for
26		workers in the long term care industry, but only as

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1		permitted by either the CARES Act or Section 9901 of the
2		American Rescue Plan Act of 2021 and related federal
3		guidance, including, but not limited to the following:
4		monthly amounts of $25,000,000 per month for July 2021,
5		August 2021, and September 2021 where at least 50% of the
6		funds in July shall be passed directly to front line
7		workers and an additional 12.5% more in each of the next 2
8		months; financial support programs for providers enhancing
9		direct care staff recruitment efforts through the payment
10		of education expenses; and financial support programs for
11		providers offering enhanced and expanded training for all
12		levels of the long term care healthcare workforce to
13		achieve better patient outcomes, such as training on
14		infection control, proper personal protective equipment,
15		best practices in quality of care, and culturally
16		competent patient communications. The Department shall
17		have the authority to audit and potentially recoup funds
18		not utilized as outlined and attested.
19		(8.5) From funds appropriated, directly or indirectly,
20		from moneys received by the State from the Coronavirus
21		State Fiscal Recovery Fund, the Department shall establish
22		a grant program to provide premium pay and retention
23		incentives to front line workers at facilities licensed by
24		the Department of Public Health under the Nursing Home
25		Care Act as skilled nursing facilities or intermediate
26		care facilities.

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1		(A) Awards pursuant to this program shall comply
2		with the requirements of Section 9901 of the American
3		Rescue Plan Act of 2021 and all related federal
4		guidance. Awards shall be scaled based on a process
5		determined by the Department. The amount awarded to
6		each recipient shall not exceed $3.17 per nursing
7		hour. Awards shall be for eligible expenditures
8		incurred no earlier than May 1, 2022 and no later than
9		June 30, 2023.
10		(B) Financial assistance under this paragraph
11		(8.5) shall be expended only for:
12		(i) premium pay for eligible workers, which
13		must be in addition to any wages or remuneration
14		the eligible worker has already received and shall
15		be subject to the other requirements and
16		limitations set forth in the American Rescue Plan
17		Act of 2021 and related federal guidance; and
18		(ii) retention incentives paid to eligible
19		workers that are necessary for the facility to
20		respond to the impacts of the public health
21		emergency.
22		(C) Upon receipt of funds, recipients shall
23		distribute funds such that eligible workers receive an
24		amount up to $13 per hour but no more than $25,000 for
25		the duration of the program. Recipients shall provide
26		a written certification to the Department

HB3817 Enrolled - 500 - LRB103 30519 DTM 56952 b
1		acknowledging compliance with this paragraph.
2		(D) No portion of these funds shall be spent on
3		volunteer or temporary staff, and these funds shall
4		not be used to make retroactive premium payments
5		before the effective date of this amendatory Act of
6		the 102nd General Assembly.
7		(E) The Department shall require each recipient
8		under this paragraph to submit appropriate
9		documentation acknowledging compliance with State and
10		federal law. For purposes of this paragraph, "eligible
11		worker" means a permanent staff member, regardless of
12		union affiliation, of a facility licensed by the
13		Department of Public Health under the Nursing Home
14		Care Act as a skilled nursing facility or intermediate
15		care facility engaged in "essential work", as defined
16		by Section 9901 of the American Rescue Plan Act of 2021
17		and related federal guidance, and (1) whose total pay
18		is below 150% of the average annual wage for all
19		occupations in the worker's county of residence, as
20		defined by the Bureau of Labor Statistics Occupational
21		Employment and Wage Statistics, or (2) is not exempt
22		from the federal Fair Labor Standards Act overtime
23		provisions.
24		(9) From funds appropriated, directly or indirectly,
25		from moneys received by the State from the Coronavirus
26		State Fiscal Recovery Fund for Fiscal Years 2022 through

HB3817 Enrolled - 501 - LRB103 30519 DTM 56952 b
1		2024 the Department shall establish programs for making
2		payments to facilities licensed under the Nursing Home
3		Care Act and facilities licensed under the Specialized
4		Mental Health Rehabilitation Act of 2013. To the extent
5		permitted by Section 9901 of the American Rescue Plan Act
6		of 2021 and related federal guidance, the programs shall
7		provide:
8		(A) Payments for making permanent improvements to
9		resident rooms in order to improve resident outcomes
10		and infection control. Funds may be used to reduce bed
11		capacity and room occupancy. To be eligible for
12		funding, a facility must submit an application to the
13		Department as prescribed by the Department and as
14		published on its website. A facility may need to
15		receive approval from the Health Facilities and
16		Services Review Board for the permanent improvements
17		or the removal of the beds before it can receive
18		payment under this paragraph.
19		(B) Payments to reimburse facilities licensed by
20		the Department of Public Health under the Nursing Home
21		Care Act as skilled nursing facilities or intermediate
22		care facilities for eligible expenses related to the
23		public health impacts of the COVID-19 public health
24		emergency, including, but not limited to, costs
25		related to COVID-19 testing for residents, COVID-19
26		prevention and treatment equipment, medical supplies,

HB3817 Enrolled - 502 - LRB103 30519 DTM 56952 b
1		and personal protective equipment.
2		(i) Awards made pursuant to this program shall
3		comply with the requirements of Section 9901 of
4		the American Rescue Plan Act of 2021 and all
5		related federal guidance. The amount awarded to
6		each recipient shall not exceed $1.71 per nursing
7		hour. Permissible expenditures must be made no
8		earlier than May 1, 2022 and no later than June 30,
9		2023.
10		(ii) Financial assistance pursuant to this
11		paragraph shall not be expended for premium pay.
12		(iii) The Department shall require each
13		recipient under this paragraph to submit
14		appropriate documentation acknowledging
15		compliance with State and federal law.
16		(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
17		102-687, eff. 12-17-21; 102-699, eff. 4-19-22.)
18		(305 ILCS 5/9A-17 new)
19		Sec. 9A-17. Smart Start Child Care Program. Subject to
20		appropriation, the Department of Human Services shall
21		establish the Smart Start Child Care Program. The Smart Start
22		Child Care Program shall focus on creating affordable child
23		care, as well as increasing access to child care, for Illinois
24		residents and may include, but is not limited to, providing
25		funding to increase preschool availability, providing funding

HB3817 Enrolled - 503 - LRB103 30519 DTM 56952 b
1		for childcare workforce compensation or capital investments,
2		and expanding funding for Early Childhood Access Consortium
3		for Equity Scholarships. The Department shall establish
4		program eligibility criteria, participation conditions,
5		payment levels, and other program requirements by rule. The
6		Department of Human Services may consult with the Capital
7		Development Board, the Department of Commerce and Economic
8		Opportunity, and the Illinois Housing Development Authority in
9		the management and disbursement of funds for capital-related
10		projects. The Capital Development Board, the Department of
11		Commerce and Economic Opportunity, and the Illinois Housing
12		Development Authority shall act in a consulting role only for
13		the evaluation of applicants, scoring of applicants, or
14		administration of the grant program.
15		(305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
16		Sec. 12-4.11. Grant amounts. The Department, with due
17		regard for and subject to budgetary limitations, shall
18		establish grant amounts for each of the programs, by
19		regulation. The grant amounts may vary by program, size of
20		assistance unit and geographic area. Grant amounts under the
21		Temporary Assistance for Needy Families (TANF) program may not
22		vary on the basis of a TANF recipient's county of residence.
23		Aid payments shall not be reduced except: (1) for changes
24		in the cost of items included in the grant amounts, or (2) for
25		changes in the expenses of the recipient, or (3) for changes in

HB3817 Enrolled - 504 - LRB103 30519 DTM 56952 b
1		the income or resources available to the recipient, or (4) for
2		changes in grants resulting from adoption of a consolidated
3		grant amount.
4		The maximum benefit levels provided to TANF recipients
5		shall increase as follows: beginning October 1, 2023 2018, the
6		Department of Human Services shall increase TANF grant amounts
7		in effect on September 30, 2023 2018 to at least 35% 30% of the
8		most recent United States Department of Health and Human
9		Services Federal Poverty Guidelines for each family size.
10		Beginning October 1, 2024 2019, and each October 1 thereafter,
11		the maximum benefit levels shall be annually adjusted to
12		remain equal to at least 35% 30% of the most recent poverty
13		guidelines updated periodically in the Federal Register by the
14		U.S. Department of Health and Human Services under the
15		authority of 42 U.S.C. 9902(2) for each family size.
16		TANF grants for child-only assistance units shall be at
17		least 75% of TANF grants for assistance units of the same size
18		that consist of a caretaker relative with children.
19		In fixing standards to govern payments or reimbursements
20		for funeral and burial expenses, the Department shall
21		establish a minimum allowable amount of not less than $1,000
22		for Department payment of funeral services and not less than
23		$500 for Department payment of burial or cremation services.
24		On January 1, 2006, July 1, 2006, and July 1, 2007, the
25		Department shall increase the minimum reimbursement amount for
26		funeral and burial expenses under this Section by a percentage

HB3817 Enrolled - 505 - LRB103 30519 DTM 56952 b
1		equal to the percentage increase in the Consumer Price Index
2		for All Urban Consumers, if any, during the 12 months
3		immediately preceding that January 1 or July 1. In
4		establishing the minimum allowable amount, the Department
5		shall take into account the services essential to a dignified,
6		low-cost (i) funeral and (ii) burial or cremation, including
7		reasonable amounts that may be necessary for burial space and
8		cemetery charges, and any applicable taxes or other required
9		governmental fees or charges. If no person has agreed to pay
10		the total cost of the (i) funeral and (ii) burial or cremation
11		charges, the Department shall pay the vendor the actual costs
12		of the (i) funeral and (ii) burial or cremation, or the minimum
13		allowable amount for each service as established by the
14		Department, whichever is less, provided that the Department
15		reduces its payments by the amount available from the
16		following sources: the decedent's assets and available
17		resources and the anticipated amounts of any death benefits
18		available to the decedent's estate, and amounts paid and
19		arranged to be paid by the decedent's legally responsible
20		relatives. A legally responsible relative is expected to pay
21		(i) funeral and (ii) burial or cremation expenses unless
22		financially unable to do so.
23		Nothing contained in this Section or in any other Section
24		of this Code shall be construed to prohibit the Illinois
25		Department (1) from consolidating existing standards on the
26		basis of any standards which are or were in effect on, or

HB3817 Enrolled - 506 - LRB103 30519 DTM 56952 b
1		subsequent to July 1, 1969, or (2) from employing any
2		consolidated standards in determining need for public aid and
3		the amount of money payment or grant for individual recipients
4		or recipient families.
5		(Source: P.A. 100-587, eff. 6-4-18; 101-103, eff. 7-19-19.)
6		ARTICLE 20.
7		Section 20-5. The State Finance Act is amended by changing
8		Sections 12 and 12-2 as follows:
9		(30 ILCS 105/12) (from Ch. 127, par. 148)
10		Sec. 12. Each voucher for traveling expenses shall
11		indicate the purpose of the travel as required by applicable
12		travel regulations, shall be itemized, and shall be
13		accompanied by all receipts specified in the applicable travel
14		regulations and by a certificate, signed by the person
15		incurring such expense, certifying that the amount is correct
16		and just; that the detailed items charged for subsistence were
17		actually paid; that the expenses were occasioned by official
18		business or unavoidable delays requiring the stay of such
19		person at hotels for the time specified; that the journey was
20		performed with all practicable dispatch by the shortest route
21		usually traveled in the customary reasonable manner; and that
22		such person has not been furnished with transportation or
23		money in lieu thereof; for any part of the journey therein

HB3817 Enrolled - 507 - LRB103 30519 DTM 56952 b
1		charged for.
2		Upon written approval by the Office of the Comptroller, a
3		State agency may maintain the original travel voucher, the
4		receipts, and the proof of the traveler's signature on the
5		traveler's certification statement at the office of the State
6		agency. However, except as otherwise provided in this Section
7		for State public institutions of higher education, nothing in
8		this Section shall be construed to exempt a State agency from
9		submitting a detailed travel voucher as prescribed by the
10		Office of the Comptroller. Each State public institution of
11		higher education is exempt from submitting a detailed travel
12		voucher to the Office of the Comptroller but shall retain all
13		receipts specified in the applicable travel regulations and
14		shall annually publish a record of those expenditures on its
15		official website using a form that it prescribes.
16		An information copy of each voucher covering a claim by a
17		person subject to the official travel regulations promulgated
18		under Section 12-2 for travel reimbursement involving an
19		exception to the general restrictions of such travel
20		regulations shall be filed with the applicable travel control
21		board which shall consider these vouchers, or a report
22		thereof, for approval. Amounts disbursed for travel
23		reimbursement claims which are disapproved by the applicable
24		travel control board shall be refunded by the traveler and
25		deposited in the fund or account from which payment was made.
26		As used in this Section, "State public institution of

HB3817 Enrolled - 508 - LRB103 30519 DTM 56952 b
1		higher education" means the governing boards of the University
2		of Illinois, Southern Illinois University, Illinois State
3		University, Eastern Illinois University, Northern Illinois
4		University, Western Illinois University, Chicago State
5		University, Governors State University, and Northeastern
6		Illinois University.
7		(Source: P.A. 97-932, eff. 8-10-12.)
8		(30 ILCS 105/12-2) (from Ch. 127, par. 148-2)
9		Sec. 12-2. Travel Regulation Council; State travel
10		reimbursement.
11		(a) The chairmen of the travel control boards established
12		by Section 12-1, or their designees, shall together comprise
13		the Travel Regulation Council. The Travel Regulation Council
14		shall be chaired by the Director of Central Management
15		Services, who shall be a nonvoting member of the Council,
16		unless he is otherwise qualified to vote by virtue of being the
17		designee of a voting member. No later than March 1, 1986, and
18		at least biennially thereafter, the Council shall adopt State
19		Travel Regulations and Reimbursement Rates which shall be
20		applicable to all personnel subject to the jurisdiction of the
21		travel control boards established by Section 12-1. An
22		affirmative vote of a majority of the members of the Council
23		shall be required to adopt regulations and reimbursement
24		rates. If the Council fails to adopt regulations by March 1 of
25		any odd-numbered year, the Director of Central Management

HB3817 Enrolled - 509 - LRB103 30519 DTM 56952 b
1		Services shall adopt emergency regulations and reimbursement
2		rates pursuant to the Illinois Administrative Procedure Act.
3		As soon as practicable after the effective date of this
4		amendatory Act of the 102nd General Assembly, the Travel
5		Regulation Council and the Higher Education Travel Control
6		Board shall adopt amendments to their existing rules to ensure
7		that reimbursement rates for public institutions of higher
8		education, as defined in Section 1-13 of the Illinois
9		Procurement Code, are set in accordance with the requirements
10		of subsection (f) of this Section.
11		(b) (Blank). Mileage for automobile travel shall be
12		reimbursed at the allowance rate in effect under regulations
13		promulgated pursuant to 5 U.S.C. 5707(b)(2). In the event the
14		rate set under federal regulations increases or decreases
15		during the course of the State's fiscal year, the effective
16		date of the new rate shall be the effective date of the change
17		in the federal rate.
18		(c) (Blank). Rates for reimbursement of expenses other
19		than mileage shall not exceed the actual cost of travel as
20		determined by the United States Internal Revenue Service.
21		(d) Reimbursements to travelers shall be made pursuant to
22		the rates and regulations applicable to the respective State
23		agency as of the effective date of this amendatory Act, until
24		the State Travel Regulations and Reimbursement Rates
25		established by this Section are adopted and effective.
26		(e) (Blank). Lodging in Cook County, Illinois and the

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1		District of Columbia shall be reimbursed at the maximum
2		lodging rate in effect under regulations promulgated pursuant
3		to 5 U.S.C. 5701-5709. For purposes of this subsection (e),
4		the District of Columbia shall include the cities and counties
5		included in the per diem locality of the District of Columbia,
6		as defined by the regulations in effect promulgated pursuant
7		to 5 U.S.C. 5701-5709. Individual travel control boards may
8		set a lodging reimbursement rate more restrictive than the
9		rate set forth in the federal regulations.
10		(f) (f) Notwithstanding any rule or law to the contrary,
11		State travel reimbursement rates for lodging and mileage for
12		automobile travel, as well as allowances for meals, shall be
13		set at the maximum rates established by the federal government
14		for travel expenses, subsistence expenses, and mileage
15		allowances under 5 U.S.C. 5701 through 5711 and any
16		regulations promulgated thereunder. If the rates set under
17		federal regulations increase or decrease during the course of
18		the State's fiscal year, the effective date of the new rate
19		shall be the effective date of the change in the federal rate.
20		Notwithstanding any other law, travel reimbursement rates for
21		lodging and mileage for automobile travel, as well as
22		allowances for meals, shall be set for public institutions of
23		higher education at the maximum rates established by the
24		federal government for travel expenses, subsistence expenses,
25		and mileage allowances under 5 U.S.C. Subchapter I and
26		regulations promulgated thereunder. If a rate set under

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1		federal regulations increases or decreases in the course of
2		the State's fiscal year, the effective date of the new rate
3		shall be the effective date of the change in the federal rate.
4		(Source: P.A. 102-1119, eff. 1-23-23.)
5		ARTICLE 30.
6		Section 30-5. The General Assembly Operations Act is
7		amended by changing Section 20 as follows:
8		(25 ILCS 10/20)
9		(Section scheduled to be repealed on July 1, 2023)
10		Sec. 20. Legislative Budget Oversight Commission.
11		(a) The General Assembly hereby finds and declares that
12		the State is confronted with an unprecedented fiscal crisis.
13		In light of this crisis, and the challenges it presents for the
14		budgeting process, the General Assembly hereby establishes the
15		Legislative Budget Oversight Commission. The purpose of the
16		Commission is: to monitor budget management actions taken by
17		the Office of the Governor or Governor's Office of Management
18		and Budget; to oversee the distribution and expenditure of
19		federal financial relief for State and local governments
20		related to the COVID-19 pandemic; and to advise and review
21		planned expenditures of State and federal grants for broadband
22		projects.
23		(b) At the request of the Commission, units of local

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1		governments and State agency directors or their respective
2		designees shall report to the Commission on the status and
3		distribution of federal CARES money and any other federal
4		financial relief related to the COVID-19 pandemic.
5		(c) In anticipation of constantly changing and
6		unpredictable economic circumstances, the Commission will
7		provide a means for the Governor's Office and the General
8		Assembly to maintain open communication about necessary budget
9		management actions during these unprecedented times. Beginning
10		August 15, 2020, the Governor's Office of Management and
11		Budget shall submit a monthly written report to the Commission
12		reporting any budget management actions taken by the Office of
13		the Governor, Governor's Office of Management and Budget, or
14		any State agency. At the call of one of the co-chairs, the
15		Governor or his or her designee shall give a report to the
16		Commission and each member thereof. The report shall be given
17		either in person or by telephonic or videoconferencing means.
18		The report shall include:
19		(1) any budget management actions taken by the Office
20		of the Governor, Governor's Office of Management and
21		Budget, or any agency or board under the Office of the
22		Governor in the prior quarter;
23		(2) year-to-date general funds revenues as compared to
24		anticipated revenues;
25		(3) year-to-date general funds expenditures as
26		compared to the Fiscal Year 2021 budget as enacted;

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1		(4) a list, by program, of the number of grants
2		awarded, the aggregate amount of such grant awards, and
3		the aggregate amount of awards actually paid with respect
4		to all grants awarded from federal funds from the
5		Coronavirus Relief Fund in accordance with Section 5001 of
6		the federal Coronavirus Aid, Relief, and Economic Security
7		(CARES) Act or from the Coronavirus State Fiscal Recovery
8		Fund in accordance with Section 9901 of the federal
9		American Rescue Plan Act of 2021, which shall identify the
10		number of grants awarded, the aggregate amount of such
11		grant awards, and the aggregate amount of such awards
12		actually paid to grantees located in or serving a
13		disproportionately impacted area, as defined in the
14		program from which the grant is awarded; and
15		(5) any additional items reasonably requested by the
16		Commission.
17		(c-5) Any plans, responses to requests, letters of intent,
18		application materials, or other documents prepared on behalf
19		of the State describing the State's intended plan for
20		distributing grants pursuant to Division F of the
21		Infrastructure Investment and Jobs Act must be, to the extent
22		practical, provided to the Legislative Budget Oversight
23		Commission for review at least 30 days prior to submission to
24		the appropriate federal entity. If plans, responses to
25		requests, letters of intent, application materials, or other
26		documents prepared on behalf of the State describing the

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1		State's plan or goals for distributing grants pursuant to
2		Division F of the Infrastructure Investment and Jobs Act
3		cannot practically be given the Legislative Budget Oversight
4		Commission 30 days prior to submission to the appropriate
5		federal entity, the materials shall be provided to the
6		Legislative Budget Oversight Commission with as much time for
7		review as practical. All documents provided to the Commission
8		shall be made available to the public on the General
9		Assembly's website. However, the following information shall
10		be redacted from any documents made available to the public:
11		(i) information specifically prohibited from disclosure by
12		federal or State law or federal or State rules and
13		regulations; (ii) trade secrets; (iii) security sensitive
14		information; and (iv) proprietary, privileged, or confidential
15		commercial or financial information from a privately held
16		person or business which, if disclosed, would cause
17		competitive harm. Members of the public and interested parties
18		may submit written comments to the Commission for
19		consideration. Prior to the State's submission to the
20		appropriate federal entity pursuant to this subsection, the
21		Commission shall conduct at least one public hearing during
22		which members of the public and other interested parties may
23		file written comments with and offer testimony before the
24		Commission. After completing its review and consideration of
25		any such testimony offered and written public comments
26		received, the Commission shall submit its written comments and

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1		suggestions to the Governor or designated State entity
2		responsible for administering the grant programs under
3		Division F of the Infrastructure Investment and Jobs Act on
4		behalf of the State. The Governor, or designated State entity
5		responsible for administering the grant programs pursuant to
6		Division F of the Infrastructure Investment and Jobs Act, must
7		consider comments and suggestions provided by the members of
8		the Legislative Budget Oversight Commission and members of the
9		public.
10		(c-10) At the request of the Commission, the Governor or
11		the designated State entity responsible for administering
12		programs under Division F of the Infrastructure Investment and
13		Jobs Act on behalf of the State must report on the grants
14		issued by the State pursuant to the programs under Division F
15		of the Infrastructure Investment and Jobs Act.
16		(d) The Legislative Budget Oversight Commission shall
17		consist of the following members:
18		(1) 7 members of the House of Representatives
19		appointed by the Speaker of the House of Representatives;
20		(2) 7 members of the Senate appointed by the Senate
21		President;
22		(3) 4 members of the House of Representatives
23		appointed by the Minority Leader of the House of
24		Representatives; and
25		(4) 4 members of the Senate appointed by the Senate
26		Minority Leader.

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1		(e) The Speaker of the House of Representatives and the
2		Senate President shall each appoint one member of the
3		Commission to serve as a co-chair. The members of the
4		Commission shall serve without compensation.
5		(f) As used in this Section:
6		"Budget management action" means any fund transfer
7		directed by the Governor or the Governor's Office of
8		Management and Budget, designation of appropriation lines as
9		reserve, or any other discretionary action taken with regard
10		to the budget as enacted;
11		"State agency" means all officers, boards, commissions,
12		departments, and agencies created by the Constitution, by law,
13		by Executive Order, or by order of the Governor in the
14		Executive Branch, other than the Offices of the Attorney
15		General, Secretary of State, Comptroller, or Treasurer.
16		(g) This Section is repealed July 1, 2024 2023.
17		(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
18		102-699, eff. 4-19-22.)
19		ARTICLE 35.
20		Section 35-5. The Department of Commerce and Economic
21		Opportunity Law of the Civil Administrative Code of Illinois
22		is amended by changing Section 605-705 as follows:
23		(20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)

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1		Sec. 605-705. Grants to local tourism and convention
2		bureaus.
3		(a) To establish a grant program for local tourism and
4		convention bureaus. The Department will develop and implement
5		a program for the use of funds, as authorized under this Act,
6		by local tourism and convention bureaus. For the purposes of
7		this Act, bureaus eligible to receive funds are those local
8		tourism and convention bureaus that are (i) either units of
9		local government or incorporated as not-for-profit
10		organizations; (ii) in legal existence for a minimum of 2
11		years before July 1, 2001; (iii) operating with a paid,
12		full-time staff whose sole purpose is to promote tourism in
13		the designated service area; and (iv) affiliated with one or
14		more municipalities or counties that support the bureau with
15		local hotel-motel taxes. After July 1, 2001, bureaus
16		requesting certification in order to receive funds for the
17		first time must be local tourism and convention bureaus that
18		are (i) either units of local government or incorporated as
19		not-for-profit organizations; (ii) in legal existence for a
20		minimum of 2 years before the request for certification; (iii)
21		operating with a paid, full-time staff whose sole purpose is
22		to promote tourism in the designated service area; and (iv)
23		affiliated with multiple municipalities or counties that
24		support the bureau with local hotel-motel taxes. Each bureau
25		receiving funds under this Act will be certified by the
26		Department as the designated recipient to serve an area of the

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1		State. Notwithstanding the criteria set forth in this
2		subsection (a), or any rule adopted under this subsection (a),
3		the Director of the Department may provide for the award of
4		grant funds to one or more entities if in the Department's
5		judgment that action is necessary in order to prevent a loss of
6		funding critical to promoting tourism in a designated
7		geographic area of the State.
8		(b) To distribute grants to local tourism and convention
9		bureaus from appropriations made from the Local Tourism Fund
10		for that purpose. Of the amounts appropriated annually to the
11		Department for expenditure under this Section prior to July 1,
12		2011, one-third of those monies shall be used for grants to
13		convention and tourism bureaus in cities with a population
14		greater than 500,000. The remaining two-thirds of the annual
15		appropriation prior to July 1, 2011 shall be used for grants to
16		convention and tourism bureaus in the remainder of the State,
17		in accordance with a formula based upon the population served.
18		Of the amounts appropriated annually to the Department for
19		expenditure under this Section beginning July 1, 2011, 18% of
20		such moneys shall be used for grants to convention and tourism
21		bureaus in cities with a population greater than 500,000. Of
22		the amounts appropriated annually to the Department for
23		expenditure under this Section beginning July 1, 2011, 82% of
24		such moneys shall be used for grants to convention bureaus in
25		the remainder of the State, in accordance with a formula based
26		upon the population served. The Department may reserve up to

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1		3% of total local tourism funds available for costs of
2		administering the program to conduct audits of grants, to
3		provide incentive funds to those bureaus that will conduct
4		promotional activities designed to further the Department's
5		statewide advertising campaign, to fund special statewide
6		promotional activities, and to fund promotional activities
7		that support an increased use of the State's parks or historic
8		sites. The Department shall require that any convention and
9		tourism bureau receiving a grant under this Section that
10		requires matching funds shall provide matching funds equal to
11		no less than 50% of the grant amount except that in Fiscal
12		Years 2021 through 2024 2023 only, the Department shall
13		require that any convention and tourism bureau receiving a
14		grant under this Section that requires matching funds shall
15		provide matching funds equal to no less than 25% of the grant
16		amount. During fiscal year 2013, the Department shall reserve
17		$2,000,000 of the available local tourism funds for
18		appropriation to the Historic Preservation Agency for the
19		operation of the Abraham Lincoln Presidential Library and
20		Museum and State historic sites.
21		To provide for the expeditious and timely implementation
22		of the changes made by Public Act 101-636, emergency rules to
23		implement the changes made by Public Act 101-636 may be
24		adopted by the Department subject to the provisions of Section
25		5-45 of the Illinois Administrative Procedure Act.
26		(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;

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1		102-699, eff. 4-19-22.)
2		ARTICLE 40.
3		Section 40-5. The Department of Commerce and Economic
4		Opportunity Law of the Civil Administrative Code of Illinois
5		is amended by changing Section 605-1105 as follows:
6		(20 ILCS 605/605-1105)
7		Sec. 605-1105. Local chambers of commerce recovery grants
8		and business program.
9		(a) Subject Upon receipt or availability of the State or
10		federal funds described in subsection (b), and subject to
11		appropriation of those funds for the purposes described in
12		this Section, the Department of Commerce and Economic
13		Opportunity shall establish a program to award grants to local
14		chambers of commerce.
15		(a-5) This subsection applies to grants under this Section
16		that are funded by State or federal funds that are allocated to
17		the State under the authority of legislation passed in
18		response to the COVID-19 pandemic. The Department shall award
19		an aggregate amount of up to $5,000,000 in grants under this
20		subsection Section to eligible chambers of commerce. Each
21		eligible chamber of commerce that applies to the Department
22		for a grant under this subsection Section shall certify to the
23		Department the difference between the chamber of commerce's

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1		total annual revenue in calendar year 2019 and the chamber of
2		commerce's total annual revenue in calendar year 2020. The
3		maximum amount that may be awarded to any eligible chamber of
4		commerce during the first round of grants under this
5		subsection is one-sixth of the certified amount. In
6		determining grant amounts awarded under this subsection Act,
7		the Department may consider any awards that the chamber of
8		commerce has received from the Back to Business Grant Program
9		or the Business Interruption Grant Program. If the entire
10		amount of moneys appropriated for the purposes of this
11		subsection Section has not been allocated after a first round
12		of grants is made, the Department may award additional funds
13		to eligible chambers of commerce from the remaining funds.
14		(a-10) This subsection applies to grants awarded under
15		this Section from sources other than State or federal funds
16		that are allocated to the State under the authority or
17		legislation passed in response to the COVID-19 pandemic.
18		Grants under this subsection may be used to market and develop
19		the service area of the chamber of commerce for the purposes of
20		generating local, county, and State business taxes and
21		providing small businesses with professional development,
22		business guidance, and best practices for sustainability. No
23		single chamber of commerce shall receive grant awards under
24		this subsection in excess of $50,000 in any State fiscal year.
25		(a-15) Grants awarded under subsection (a-5) or (a-10) of
26		this Section shall not be used to make any direct lobbying

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1		expenditure, as defined in subsection (c) of Section 4911 of
2		the Internal Revenue Code, or to engage in any political
3		campaign activity described in Section 501(c)(3) of the
4		Internal Revenue Code.
5		(b) For grants awarded under subsection (a-5), the The
6		Department may use State funds and federal funds that are
7		allocated to the State under the authority of legislation
8		passed in response to the COVID-19 pandemic to provide grants
9		under this Section. Those federal funds include, but are not
10		limited to, funds allocated to the State under the American
11		Rescue Plan Act of 2021. Any federal moneys used for this
12		purpose shall be used in accordance with the federal
13		legislation authorizing the use of those funds and related
14		federal guidance as well as any other applicable State and
15		federal laws. For grants awarded under subsection (a-10), the
16		Department may use general revenue funds or any other funds
17		that may lawfully be used for the purposes of this Section.
18		(c) The Department may adopt any rules necessary to
19		implement and administer the grant program created by this
20		Section. The emergency rulemaking process may be used to
21		promulgate the initial rules of the program following the
22		effective date of this amendatory Act of the 102nd General
23		Assembly.
24		(d) As used in this Section, "eligible chamber of
25		commerce" means an a voluntary membership, dues-paying
26		organization of business and professional persons dedicated to

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1		improving the economic climate and business development of the
2		community, area, or region in which the organization is
3		located and that:
4		(1) operates as an approved not-for-profit
5		corporation;
6		(2) is tax-exempt under Section 501(c)(3) or Section
7		501(c)(6) of the Internal Revenue Code of 1986;
8		(3) has an annual revenue of $1,000,000 or less; and
9		(4) files a 990 federal tax form with the Internal
10		Revenue Service;
11		(5) has or will have each of the following at the time
12		of award determination:
13		(A) governance bylaws;
14		(B) financial policies and procedures; and
15		(C) a mission and vision statement; and
16		(6) for grants awarded under subsection (a-5), (4) has
17		experienced an identifiable negative economic impact
18		resulting from or exacerbated by the public health
19		emergency or served a community disproportionately
20		impacted by a public health emergency.
21		(Source: P.A. 102-1115, eff. 1-9-23.)
22		ARTICLE 55.
23		Section 55-5. The Department of Healthcare and Family
24		Services Law of the Civil Administrative Code of Illinois is

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1		amended by adding Section 2205-36 as follows:
2		(20 ILCS 2205/2205-36 new)
3		Sec. 2205-36. Breakthrough Therapies for Veteran Suicide
4		Prevention Program Advisory Council.
5		(a) There is created within the Department of Healthcare
6		and Family Services the Breakthrough Therapies for Veteran
7		Suicide Prevention Program Advisory Council. The Council shall
8		advise the Department on the rules and clinical infrastructure
9		necessary to support clinical access to and training for
10		medication-assisted United States Food and Drug Administration
11		breakthrough therapies for veteran suicide prevention. In
12		advising the Department under this Section, the Council shall
13		advise the Department on:
14		(1) the award of grants for breakthrough therapy
15		treatment through the Veteran Suicide Prevention Program;
16		(2) the necessary education, training, licensing, and
17		credentialing of providers;
18		(3) patient safety and harm reduction;
19		(4) costs, insurance reimbursement, and strategies to
20		safely increase affordable access to care, including the
21		use of group therapy;
22		(5) standards for treatment facilities;
23		(6) relevant federal regulations and guidelines that
24		relevant State agencies may consider adopting;
25		(7) assisting with the development of public awareness

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1		and education campaigns related to veteran suicides;
2		(8) additional funding needed for subsidized patient
3		access and provider and therapist training;
4		(9) overall Fund budget;
5		(10) periodic Fund evaluation;
6		(11) developing criteria and standards for the award
7		of grants and fellowships;
8		(12) developing and providing oversight regarding
9		mechanisms for the dissemination of treatment and training
10		data; and
11		(13) developing provisions to ensure justice, equity,
12		diversity, and inclusion are considered in the
13		administration of grants and recommendations made to the
14		Department.
15		(b) The Council shall consist of 9 members:
16		(1) three members appointed by the Governor;
17		(2) two members appointed by the President of the
18		Senate;
19		(3) two members appointed by the Speaker of the House
20		of Representatives;
21		(4) one member appointed by The Minority Leader of the
22		Senate; and
23		(5) one member appointed by the Minority Leader of the
24		House.
25		(c) The Council shall include at least 3 veterans. The
26		Council shall also include members with expertise in

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1		breakthrough therapy research, clinical mental health
2		treatment, public health, access to mental and behavioral
3		healthcare in underserved communities, veteran mental and
4		behavioral healthcare, and harm reduction. The Department of
5		Healthcare and Family Services shall provide administrative
6		support to the Council.
7		(d) The Council shall adopt internal organizational
8		procedures as necessary for its efficient organization.
9		(e) Members of the Council shall serve without
10		compensation.
11		ARTICLE 60.
12		Section 60-5. The Secretary of State Act is amended by
13		changing Section 18 as follows:
14		(15 ILCS 305/18)
15		Sec. 18. Electronic Filing Supplemental Deposits into
16		Department of Business Services Special Operations Fund. When
17		a submission to the Secretary of State is made electronically,
18		but does not include a request for expedited services,
19		pursuant to the provisions of this amendatory Act of the 100th
20		General Assembly up to $25 for each such transaction under the
21		General Not For Profit Corporation Act of 1986 and up to $50
22		from each such transaction under the Business Corporation Act
23		of 1983, the Limited Liability Company Act, or the Uniform

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1		Limited Partnership Act (2001) shall be deposited into the
2		Department of Business Services Special Operations Fund, and
3		the remainder of any fee deposited into the General Revenue
4		Fund. However, in no circumstance may the supplemental
5		deposits provided by this Section cause the total deposits
6		into the Special Operations Fund in any fiscal year from
7		electronic submissions under the Business Corporation Act of
8		1983, the General Not For Profit Corporation Act of 1986, the
9		Limited Liability Company Act, the Uniform Partnership Act
10		(1997), and the Uniform Limited Partnership Act (2001),
11		whether or not for expedited services, to exceed $11,326,225.
12		The Secretary of State has the authority to adopt rules
13		necessary to implement this Section, in accordance with the
14		Illinois Administrative Procedure Act. This Section does not
15		apply on or after July 1, 2023.
16		(Source: P.A. 102-16, eff. 6-17-21.)
17		Section 60-10. The State Finance Act is amended by
18		changing Sections 6z-34 and 6z-70 as follows:
19		(30 ILCS 105/6z-34)
20		Sec. 6z-34. Secretary of State Special Services Fund.
21		There is created in the State Treasury a special fund to be
22		known as the Secretary of State Special Services Fund. Moneys
23		deposited into the Fund may, subject to appropriation, be used
24		by the Secretary of State for any or all of the following

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1		purposes:
2		(1) For general automation efforts within operations
3		of the Office of Secretary of State.
4		(2) For technology applications in any form that will
5		enhance the operational capabilities of the Office of
6		Secretary of State.
7		(3) To provide funds for any type of library grants
8		authorized and administered by the Secretary of State as
9		State Librarian.
10		(4) For the purposes of the Secretary of State's
11		operating program expenses related to the enforcement of
12		administrative laws related to vehicles and
13		transportation.
14		These funds are in addition to any other funds otherwise
15		authorized to the Office of Secretary of State for like or
16		similar purposes.
17		On August 15, 1997, all fiscal year 1997 receipts that
18		exceed the amount of $15,000,000 shall be transferred from
19		this Fund to the Technology Management Revolving Fund
20		(formerly known as the Statistical Services Revolving Fund);
21		on August 15, 1998 and each year thereafter through 2000, all
22		receipts from the fiscal year ending on the previous June 30th
23		that exceed the amount of $17,000,000 shall be transferred
24		from this Fund to the Technology Management Revolving Fund
25		(formerly known as the Statistical Services Revolving Fund);
26		on August 15, 2001 and each year thereafter through 2002, all

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1		receipts from the fiscal year ending on the previous June 30th
2		that exceed the amount of $19,000,000 shall be transferred
3		from this Fund to the Technology Management Revolving Fund
4		(formerly known as the Statistical Services Revolving Fund);
5		and on August 15, 2003 and each year thereafter through 2022,
6		all receipts from the fiscal year ending on the previous June
7		30th that exceed the amount of $33,000,000 shall be
8		transferred from this Fund to the Technology Management
9		Revolving Fund (formerly known as the Statistical Services
10		Revolving Fund).
11		(Source: P.A. 100-23, eff. 7-6-17; 101-10, eff. 6-5-19.)
12		(30 ILCS 105/6z-70)
13		Sec. 6z-70. The Secretary of State Identification Security
14		and Theft Prevention Fund.
15		(a) The Secretary of State Identification Security and
16		Theft Prevention Fund is created as a special fund in the State
17		treasury. The Fund shall consist of any fund transfers,
18		grants, fees, or moneys from other sources received for the
19		purpose of funding identification security and theft
20		prevention measures.
21		(b) All moneys in the Secretary of State Identification
22		Security and Theft Prevention Fund shall be used, subject to
23		appropriation, for any costs related to implementing
24		identification security and theft prevention measures.
25		(c) (Blank).

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1		(d) (Blank).
2		(e) (Blank).
3		(f) (Blank).
4		(g) (Blank).
5		(h) (Blank).
6		(i) (Blank).
7		(j) (Blank).
8		(k) (Blank).
9		(l) (Blank).
10		(m) (Blank).
11		(n) (Blank). Notwithstanding any other provision of State
12		law to the contrary, on or after July 1, 2021, and until June
13		30, 2022, in addition to any other transfers that may be
14		provided for by law, at the direction of and upon notification
15		of the Secretary of State, the State Comptroller shall direct
16		and the State Treasurer shall transfer amounts into the
17		Secretary of State Identification Security and Theft
18		Prevention Fund from the designated funds not exceeding the
19		following totals:
20		Division of Corporations Registered Limited
21		Liability Partnership Fund...................$287,000
22		Securities Investors Education Fund............$1,500,000
23		Department of Business Services Special
24		Operations Fund............................$4,500,000
25		Securities Audit and Enforcement Fund..........$5,000,000
26		Corporate Franchise Tax Refund Fund............$3,000,000

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1		(o) Notwithstanding any other provision of State law to
2		the contrary, on or after July 1, 2022, and until June 30,
3		2023, in addition to any other transfers that may be provided
4		for by law, at the direction of and upon notification of the
5		Secretary of State, the State Comptroller shall direct and the
6		State Treasurer shall transfer amounts into the Secretary of
7		State Identification Security and Theft Prevention Fund from
8		the designated funds not exceeding the following totals:
9		Division of Corporations Registered Limited
10		Liability Partnership Fund..................$400,000
11		Department of Business Services Special
12		Operations Fund...........................$5,500,000
13		Securities Audit and Enforcement Fund.........$4,000,000
14		Corporate Franchise Tax Refund Fund...........$4,000,000
15		(p) Notwithstanding any other provision of State law to
16		the contrary, on or after July 1, 2023, and until June 30,
17		2024, in addition to any other transfers that may be provided
18		for by law, at the direction of and upon notification of the
19		Secretary of State, the State Comptroller shall direct and the
20		State Treasurer shall transfer amounts into the Secretary of
21		State Identification Security and Theft Prevention Fund from
22		the designated funds not exceeding the following totals:
23		Division of Corporations Registered Limited
24		Liability Partnership Fund...................$400,000
25		Department of Business Services Special
26		Operations Fund............................$5,500,000

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1		Securities Audit and Enforcement Fund..........$4,000,000
2		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
3		102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
4		Section 60-15. The Business Corporation Act of 1983 is
5		amended by changing Section 15.97 as follows:
6		(805 ILCS 5/15.97) (from Ch. 32, par. 15.97)
7		(Section scheduled to be repealed on December 31, 2024)
8		Sec. 15.97. Corporate Franchise Tax Refund Fund.
9		(a) Beginning July 1, 1993, a percentage of the amounts
10		collected under Sections 15.35, 15.45, 15.65, and 15.75 of
11		this Act shall be deposited into the Corporate Franchise Tax
12		Refund Fund, a special Fund hereby created in the State
13		treasury. From July 1, 1993, until December 31, 1994, there
14		shall be deposited into the Fund 3% of the amounts received
15		under those Sections. Beginning January 1, 1995, and for each
16		fiscal year beginning thereafter, 2% of the amounts collected
17		under those Sections during the preceding fiscal year shall be
18		deposited into the Fund.
19		(b) Beginning July 1, 1993, moneys in the Fund shall be
20		expended exclusively for the purpose of paying refunds payable
21		because of overpayment of franchise taxes, penalties, or
22		interest under Sections 13.70, 15.35, 15.45, 15.65, 15.75, and
23		16.05 of this Act and making transfers authorized under this
24		Section. Refunds in accordance with the provisions of

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1		subsections (f) and (g) of Section 1.15 and Section 1.17 of
2		this Act may be made from the Fund only to the extent that
3		amounts collected under Sections 15.35, 15.45, 15.65, and
4		15.75 of this Act have been deposited in the Fund and remain
5		available. On or before August 31 of each year, the balance in
6		the Fund in excess of $100,000 shall be transferred to the
7		General Revenue Fund. Notwithstanding the provisions of this
8		subsection, for the period commencing on or after July 1,
9		2022, amounts in the fund shall not be transferred to the
10		General Revenue Fund and shall be used to pay refunds in
11		accordance with the provisions of this Act. Within a
12		reasonable time after December 31, 2022, the Secretary of
13		State shall direct and the Comptroller shall order transferred
14		to the General Revenue Fund all amounts remaining in the fund.
15		(c) This Act shall constitute an irrevocable and
16		continuing appropriation from the Corporate Franchise Tax
17		Refund Fund for the purpose of paying refunds upon the order of
18		the Secretary of State in accordance with the provisions of
19		this Section.
20		(d) This Section is repealed on December 31, 2024.
21		(Source: P.A. 101-9, eff. 6-5-19; 102-282, eff. 1-1-22.)
22		Section 60-20. The Limited Liability Company Act is
23		amended by changing Section 50-55 as follows:
24		(805 ILCS 180/50-55)

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1		Sec. 50-55. Disposition of fees. Of Until July 1, 2021, of
2		the total money collected for the filing of annual reports
3		under this Act, $10 of the filing fee shall be paid into the
4		Department of Business Services Special Operations Fund. The
5		remaining money collected for the filing of annual reports
6		under this Act shall be deposited into the General Revenue
7		Fund in the State Treasury.
8		(Source: P.A. 100-561, eff. 7-1-18.)
9		ARTICLE 65.
10		Section 65-5. The State Budget Law of the Civil
11		Administrative Code of Illinois is amended by changing Section
12		50-25 as follows:
13		(15 ILCS 20/50-25)
14		Sec. 50-25. Statewide prioritized goals.
15		(a) Definitions. As used in this Section:
16		"Commission" means the Budgeting for Results Commission
17		established by this Section.
18		"Result area" means major organizational categories of
19		State government as defined by the Governor.
20		"Outcome area" means subcategories of result areas that
21		further define, and facilitate the measurement of the result
22		area, as established by the Governor.
23		(b) Statewide prioritized goals. For fiscal year 2025 2012

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1		and each fiscal year thereafter, prior to the submission of
2		the State budget, the Governor, in consultation with the
3		Commission appropriation committees of the General Assembly
4		and, beginning with budgets prepared for fiscal year 2013, the
5		commission established under this Section, shall: (i) identify
6		statewide result areas prioritize outcomes that are most
7		important for each State agency of the executive branch under
8		the jurisdiction of the Governor to achieve for the next
9		fiscal year and (ii) identify outcome areas, which further
10		define the statewide result areas, into which State programs
11		and associated spending can be categorized set goals to
12		accomplish those outcomes according to the priority of the
13		outcome. There must be a reasonable number of annually defined
14		statewide result and outcome areas goals defining State
15		priorities for the budget. Each result and outcome goal shall
16		be further defined to facilitate success in achieving that
17		result or outcome goal.
18		(c) Budgeting for Results Commission. On or after July 31,
19		2024 No later than July 31 of each fiscal year beginning in
20		fiscal year 2012, the Governor shall establish a commission
21		for the purpose of advising the Governor in the implementation
22		of performance-based budgeting in Illinois State government,
23		setting statewide result and outcome areas, and providing
24		oversight and guidance for comprehensive program assessments
25		and benefit-cost analysis of State agency programs those
26		outcomes and goals, including the timeline for achieving those

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1		outcomes and goals.
2		(1) Membership. The commission shall be composed of
3		voting and non-voting members appointed by the Governor.
4		The commission shall be a well-balanced group and shall be
5		not more than 15 and not less than 8 members. Members
6		appointed by the Governor shall serve a three-year term,
7		beginning and ending on July 1 of each year. Vacancies in
8		Commission membership shall be filled in the same manner
9		as initial appointments. Appointments to fill vacancies
10		occurring before the expiration of a term shall be for the
11		remainder of the term. Members shall serve until their
12		successors are appointed. a manageable size.
13		(2) Bylaws. The commission may adopt bylaws for the
14		regulation of its affairs and the conduct of its business.
15		(3) Quorum. Total membership of the Commission
16		consists of the number of voting members serving on the
17		Commission, not including any vacant positions. A quorum
18		consists of a simple majority of total voting membership
19		and shall be sufficient to conduct the business of the
20		commission, unless stipulated otherwise in the bylaws of
21		the commission. A member may submit a proxy in writing to
22		the Commission Co-Chairs or the Commission Staff Director
23		no later than 24 hours before a scheduled meeting, and
24		that proxy shall count toward the quorum for that meeting
25		only.
26		(4) Chairpersons. Two Co-Chairs of the commission

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1		shall be appointed by the Governor. The Co-Chairs shall be
2		one member of the General Assembly and one person who is
3		not a member of the General Assembly.
4		(5) Meetings. The commission shall hold at least 2
5		in-person public meetings during each fiscal year. One
6		meeting shall be held in the City of Chicago and one
7		meeting shall be held in the City of Springfield. The
8		commission may choose by a majority vote of its members to
9		hold one virtual meeting, which is open to the public and
10		over the Internet, in lieu of the 2 in-person public
11		meetings required under this Section.
12		(6) Compensation. Members shall not receive
13		compensation for their services.
14		(7) Annual report. By November 1 of each year, the
15		commission shall submit a report to the Governor and the
16		General Assembly setting forth recommendations with
17		respect to the Governor's implementation of
18		performance-based budgeting in Illinois State government
19		proposed outcomes and goals. The report shall be published
20		on the Governor's Office of Management and Budget's
21		website. In its report, the commission shall report on the
22		status of comprehensive program assessments and benefit
23		cost analysis of state agency programs conducted during
24		the prior year propose a percentage of the total budget to
25		be assigned to each proposed outcome and goal.
26		The commission shall also review existing statutory

HB3817 Enrolled - 538 - LRB103 30519 DTM 56952 b
1		mandates mandated expenditures and include in its report
2		recommendations for the repeal or modification of statutory
3		mandates and funds or the State treasury which are out-of-date
4		or unduly burdensome to the operations of State government
5		termination of mandated expenditures.
6		The General Assembly may object to the commission's report
7		by passing a joint resolution detailing the General Assembly's
8		objections.
9		(d) In addition, each other constitutional officer of the
10		executive branch, in consultation with the appropriation
11		committees of the General Assembly, shall: (i) prioritize
12		outcomes that are most important for his or her office to
13		achieve for the next fiscal year and (ii) set goals to
14		accomplish those outcomes according to the priority of the
15		outcome. The Governor and each constitutional officer shall
16		separately conduct performance analyses to determine which
17		programs, strategies, and activities will best achieve those
18		desired outcomes. The Governor shall recommend that
19		appropriations be made to State agencies and officers for the
20		next fiscal year based on the agreed upon result and outcome
21		areas goals and priorities. Each agency and officer may
22		develop its own strategies for meeting those goals and shall
23		review and analyze those strategies on a regular basis. The
24		Governor shall also implement procedures to measure annual
25		progress toward the State's statewide results and outcomes
26		highest priority outcomes and shall develop a statewide

HB3817 Enrolled - 539 - LRB103 30519 DTM 56952 b
1		reporting system that collects performance data from all
2		programs under the authority of the Governor compares the
3		actual results with budgeted results. Those performance
4		measures and results shall be posted on the Governor's Office
5		of Management and Budget website State Comptroller's website,
6		and compiled for distribution in the Comptroller's Public
7		Accountability Report, as is currently the practice on the
8		effective date of this amendatory Act of the 96th General
9		Assembly.
10		(Source: P.A. 102-801, eff. 5-13-22.)
11		ARTICLE 75.
12		Section 75-5. The Freedom of Information Act is amended by
13		changing Section 7.5 as follows:
14		(5 ILCS 140/7.5)
15		Sec. 7.5. Statutory exemptions. To the extent provided for
16		by the statutes referenced below, the following shall be
17		exempt from inspection and copying:
18		(a) All information determined to be confidential
19		under Section 4002 of the Technology Advancement and
20		Development Act.
21		(b) Library circulation and order records identifying
22		library users with specific materials under the Library
23		Records Confidentiality Act.

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1		(c) Applications, related documents, and medical
2		records received by the Experimental Organ Transplantation
3		Procedures Board and any and all documents or other
4		records prepared by the Experimental Organ Transplantation
5		Procedures Board or its staff relating to applications it
6		has received.
7		(d) Information and records held by the Department of
8		Public Health and its authorized representatives relating
9		to known or suspected cases of sexually transmissible
10		disease or any information the disclosure of which is
11		restricted under the Illinois Sexually Transmissible
12		Disease Control Act.
13		(e) Information the disclosure of which is exempted
14		under Section 30 of the Radon Industry Licensing Act.
15		(f) Firm performance evaluations under Section 55 of
16		the Architectural, Engineering, and Land Surveying
17		Qualifications Based Selection Act.
18		(g) Information the disclosure of which is restricted
19		and exempted under Section 50 of the Illinois Prepaid
20		Tuition Act.
21		(h) Information the disclosure of which is exempted
22		under the State Officials and Employees Ethics Act, and
23		records of any lawfully created State or local inspector
24		general's office that would be exempt if created or
25		obtained by an Executive Inspector General's office under
26		that Act.

HB3817 Enrolled - 541 - LRB103 30519 DTM 56952 b
1		(i) Information contained in a local emergency energy
2		plan submitted to a municipality in accordance with a
3		local emergency energy plan ordinance that is adopted
4		under Section 11-21.5-5 of the Illinois Municipal Code.
5		(j) Information and data concerning the distribution
6		of surcharge moneys collected and remitted by carriers
7		under the Emergency Telephone System Act.
8		(k) Law enforcement officer identification information
9		or driver identification information compiled by a law
10		enforcement agency or the Department of Transportation
11		under Section 11-212 of the Illinois Vehicle Code.
12		(l) Records and information provided to a residential
13		health care facility resident sexual assault and death
14		review team or the Executive Council under the Abuse
15		Prevention Review Team Act.
16		(m) Information provided to the predatory lending
17		database created pursuant to Article 3 of the Residential
18		Real Property Disclosure Act, except to the extent
19		authorized under that Article.
20		(n) Defense budgets and petitions for certification of
21		compensation and expenses for court appointed trial
22		counsel as provided under Sections 10 and 15 of the
23		Capital Crimes Litigation Act. This subsection (n) shall
24		apply until the conclusion of the trial of the case, even
25		if the prosecution chooses not to pursue the death penalty
26		prior to trial or sentencing.

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1		(o) Information that is prohibited from being
2		disclosed under Section 4 of the Illinois Health and
3		Hazardous Substances Registry Act.
4		(p) Security portions of system safety program plans,
5		investigation reports, surveys, schedules, lists, data, or
6		information compiled, collected, or prepared by or for the
7		Department of Transportation under Sections 2705-300 and
8		2705-616 of the Department of Transportation Law of the
9		Civil Administrative Code of Illinois, the Regional
10		Transportation Authority under Section 2.11 of the
11		Regional Transportation Authority Act, or the St. Clair
12		County Transit District under the Bi-State Transit Safety
13		Act.
14		(q) Information prohibited from being disclosed by the
15		Personnel Record Review Act.
16		(r) Information prohibited from being disclosed by the
17		Illinois School Student Records Act.
18		(s) Information the disclosure of which is restricted
19		under Section 5-108 of the Public Utilities Act.
20		(t) All identified or deidentified health information
21		in the form of health data or medical records contained
22		in, stored in, submitted to, transferred by, or released
23		from the Illinois Health Information Exchange, and
24		identified or deidentified health information in the form
25		of health data and medical records of the Illinois Health
26		Information Exchange in the possession of the Illinois

HB3817 Enrolled - 543 - LRB103 30519 DTM 56952 b
1		Health Information Exchange Office due to its
2		administration of the Illinois Health Information
3		Exchange. The terms "identified" and "deidentified" shall
4		be given the same meaning as in the Health Insurance
5		Portability and Accountability Act of 1996, Public Law
6		104-191, or any subsequent amendments thereto, and any
7		regulations promulgated thereunder.
8		(u) Records and information provided to an independent
9		team of experts under the Developmental Disability and
10		Mental Health Safety Act (also known as Brian's Law).
11		(v) Names and information of people who have applied
12		for or received Firearm Owner's Identification Cards under
13		the Firearm Owners Identification Card Act or applied for
14		or received a concealed carry license under the Firearm
15		Concealed Carry Act, unless otherwise authorized by the
16		Firearm Concealed Carry Act; and databases under the
17		Firearm Concealed Carry Act, records of the Concealed
18		Carry Licensing Review Board under the Firearm Concealed
19		Carry Act, and law enforcement agency objections under the
20		Firearm Concealed Carry Act.
21		(v-5) Records of the Firearm Owner's Identification
22		Card Review Board that are exempted from disclosure under
23		Section 10 of the Firearm Owners Identification Card Act.
24		(w) Personally identifiable information which is
25		exempted from disclosure under subsection (g) of Section
26		19.1 of the Toll Highway Act.

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1		(x) Information which is exempted from disclosure
2		under Section 5-1014.3 of the Counties Code or Section
3		8-11-21 of the Illinois Municipal Code.
4		(y) Confidential information under the Adult
5		Protective Services Act and its predecessor enabling
6		statute, the Elder Abuse and Neglect Act, including
7		information about the identity and administrative finding
8		against any caregiver of a verified and substantiated
9		decision of abuse, neglect, or financial exploitation of
10		an eligible adult maintained in the Registry established
11		under Section 7.5 of the Adult Protective Services Act.
12		(z) Records and information provided to a fatality
13		review team or the Illinois Fatality Review Team Advisory
14		Council under Section 15 of the Adult Protective Services
15		Act.
16		(aa) Information which is exempted from disclosure
17		under Section 2.37 of the Wildlife Code.
18		(bb) Information which is or was prohibited from
19		disclosure by the Juvenile Court Act of 1987.
20		(cc) Recordings made under the Law Enforcement
21		Officer-Worn Body Camera Act, except to the extent
22		authorized under that Act.
23		(dd) Information that is prohibited from being
24		disclosed under Section 45 of the Condominium and Common
25		Interest Community Ombudsperson Act.
26		(ee) Information that is exempted from disclosure

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1		under Section 30.1 of the Pharmacy Practice Act.
2		(ff) Information that is exempted from disclosure
3		under the Revised Uniform Unclaimed Property Act.
4		(gg) Information that is prohibited from being
5		disclosed under Section 7-603.5 of the Illinois Vehicle
6		Code.
7		(hh) Records that are exempt from disclosure under
8		Section 1A-16.7 of the Election Code.
9		(ii) Information which is exempted from disclosure
10		under Section 2505-800 of the Department of Revenue Law of
11		the Civil Administrative Code of Illinois.
12		(jj) Information and reports that are required to be
13		submitted to the Department of Labor by registering day
14		and temporary labor service agencies but are exempt from
15		disclosure under subsection (a-1) of Section 45 of the Day
16		and Temporary Labor Services Act.
17		(kk) Information prohibited from disclosure under the
18		Seizure and Forfeiture Reporting Act.
19		(ll) Information the disclosure of which is restricted
20		and exempted under Section 5-30.8 of the Illinois Public
21		Aid Code.
22		(mm) Records that are exempt from disclosure under
23		Section 4.2 of the Crime Victims Compensation Act.
24		(nn) Information that is exempt from disclosure under
25		Section 70 of the Higher Education Student Assistance Act.
26		(oo) Communications, notes, records, and reports

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1		arising out of a peer support counseling session
2		prohibited from disclosure under the First Responders
3		Suicide Prevention Act.
4		(pp) Names and all identifying information relating to
5		an employee of an emergency services provider or law
6		enforcement agency under the First Responders Suicide
7		Prevention Act.
8		(qq) Information and records held by the Department of
9		Public Health and its authorized representatives collected
10		under the Reproductive Health Act.
11		(rr) Information that is exempt from disclosure under
12		the Cannabis Regulation and Tax Act.
13		(ss) Data reported by an employer to the Department of
14		Human Rights pursuant to Section 2-108 of the Illinois
15		Human Rights Act.
16		(tt) Recordings made under the Children's Advocacy
17		Center Act, except to the extent authorized under that
18		Act.
19		(uu) Information that is exempt from disclosure under
20		Section 50 of the Sexual Assault Evidence Submission Act.
21		(vv) Information that is exempt from disclosure under
22		subsections (f) and (j) of Section 5-36 of the Illinois
23		Public Aid Code.
24		(ww) Information that is exempt from disclosure under
25		Section 16.8 of the State Treasurer Act.
26		(xx) Information that is exempt from disclosure or

HB3817 Enrolled - 547 - LRB103 30519 DTM 56952 b
1		information that shall not be made public under the
2		Illinois Insurance Code.
3		(yy) Information prohibited from being disclosed under
4		the Illinois Educational Labor Relations Act.
5		(zz) Information prohibited from being disclosed under
6		the Illinois Public Labor Relations Act.
7		(aaa) Information prohibited from being disclosed
8		under Section 1-167 of the Illinois Pension Code.
9		(bbb) Information that is prohibited from disclosure
10		by the Illinois Police Training Act and the Illinois State
11		Police Act.
12		(ccc) Records exempt from disclosure under Section
13		2605-304 of the Illinois State Police Law of the Civil
14		Administrative Code of Illinois.
15		(ddd) Information prohibited from being disclosed
16		under Section 35 of the Address Confidentiality for
17		Victims of Domestic Violence, Sexual Assault, Human
18		Trafficking, or Stalking Act.
19		(eee) Information prohibited from being disclosed
20		under subsection (b) of Section 75 of the Domestic
21		Violence Fatality Review Act.
22		(fff) Images from cameras under the Expressway Camera
23		Act. This subsection (fff) is inoperative on and after
24		July 1, 2023.
25		(ggg) Information prohibited from disclosure under
26		paragraph (3) of subsection (a) of Section 14 of the Nurse

HB3817 Enrolled - 548 - LRB103 30519 DTM 56952 b
1		Agency Licensing Act.
2		(hhh) Information submitted to the Illinois Department
3		of State Police in an affidavit or application for an
4		assault weapon endorsement, assault weapon attachment
5		endorsement, .50 caliber rifle endorsement, or .50 caliber
6		cartridge endorsement under the Firearm Owners
7		Identification Card Act.
8		(iii) Data exempt from disclosure under Section 50 of
9		the School Safety Drill Act.
10		(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
11		101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
12		1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
13		eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
14		101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
15		1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
16		eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
17		102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
18		7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
19		2-13-23.)
20		Section 75-10. The School Safety Drill Act is amended by
21		adding Section 50 as follows:
22		(105 ILCS 128/50 new)
23		Sec. 50. Crisis response mapping data grants.
24		(a) Subject to appropriation, a public school district, a

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1		charter school, a special education cooperative or district,
2		an education for employment system, a State-approved area
3		career center, a public university laboratory school, the
4		Illinois Mathematics and Science Academy, the Department of
5		Juvenile Justice School District, a regional office of
6		education, the Illinois School for the Deaf, the Illinois
7		School for the Visually Impaired, the Philip J. Rock Center
8		and School, an early childhood or preschool program supported
9		by the Early Childhood Block Grant, or any other public school
10		entity designated by the State Board of Education by rule, may
11		apply to the State Board of Education or the State Board of
12		Education or the State Board's designee for a grant to obtain
13		crisis response mapping data and to provide copies of the
14		crisis response mapping data to appropriate local, county,
15		State, and federal first responders for use in response to
16		emergencies. The crisis response mapping data shall be stored
17		and provided in an electronic or digital format to assist
18		first responders in responding to emergencies at the school.
19		(b) Subject to appropriation, including funding for any
20		administrative costs reasonably incurred by the State Board of
21		Education or the State Board's designee in the administration
22		of the grant program described by this Section, the State
23		Board shall provide grants to any entity in subsection (a)
24		upon approval of an application submitted by the entity to
25		cover the costs incurred in obtaining crisis response mapping
26		data under this Section. The grant application must include

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1		crisis response mapping data for all schools under the
2		jurisdiction of the entity submitting the application,
3		including, in the case of a public school district, any
4		charter schools authorized by the school board for the school
5		district.
6		(c) To be eligible for a grant under this Section, the
7		crisis response mapping data must, at a minimum:
8		(1) be compatible and integrate into security software
9		platforms in use by the specific school for which the data
10		is provided without requiring local law enforcement
11		agencies or the school district to purchase additional
12		software or requiring the integration of third-party
13		software to view the data;
14		(2) be compatible with security software platforms in
15		use by the specific school for which the data is provided
16		without requiring local public safety agencies or the
17		school district to purchase additional software or
18		requiring the integration of third-party software to view
19		the data;
20		(3) be capable of being provided in a printable
21		format;
22		(4) be verified for accuracy by an on-site
23		walk-through of the school building and grounds;
24		(5) be oriented to true north;
25		(6) be overlaid on current aerial imagery or plans of
26		the school building;

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1		(7) contain site-specific labeling that matches the
2		structure of the school building, including room labels,
3		hallway names, and external door or stairwell numbers and
4		the location of hazards, critical utilities, key boxes,
5		automated external defibrillators, and trauma kits, and
6		that matches the school grounds, including parking areas,
7		athletic fields, surrounding roads, and neighboring
8		properties; and
9		(8) be overlaid with gridded x/y coordinates.
10		(d) Subject to appropriation, the crisis response mapping
11		data may be reviewed annually to update the data as necessary.
12		(e) Crisis response mapping data obtained pursuant to this
13		Section are confidential and exempt from disclosure under the
14		Freedom of Information Act.
15		(f) The State Board may adopt rules to implement the
16		provisions of this Section.
17		ARTICLE 80.
18		Section 80-5. The School Code is amended by changing
19		Sections 10-20.21, 34-18, and 34-21.3 as follows:
20		(105 ILCS 5/10-20.21)
21		Sec. 10-20.21. Contracts.
22		(a) To award all contracts for purchase of supplies and
23		materials or work involving an expenditure in excess of

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1		$35,000 $25,000 or a lower amount as required by board policy
2		to the lowest responsible bidder, considering conformity with
3		specifications, terms of delivery, quality and serviceability,
4		after due advertisement, except the following:
5		(i) contracts for the services of individuals
6		possessing a high degree of professional skill where the
7		ability or fitness of the individual plays an important
8		part;
9		(ii) contracts for the printing of finance committee
10		reports and departmental reports;
11		(iii) contracts for the printing or engraving of
12		bonds, tax warrants and other evidences of indebtedness;
13		(iv) contracts for the purchase of perishable foods
14		and perishable beverages;
15		(v) contracts for materials and work which have been
16		awarded to the lowest responsible bidder after due
17		advertisement, but due to unforeseen revisions, not the
18		fault of the contractor for materials and work, must be
19		revised causing expenditures not in excess of 10% of the
20		contract price;
21		(vi) contracts for the maintenance or servicing of, or
22		provision of repair parts for, equipment which are made
23		with the manufacturer or authorized service agent of that
24		equipment where the provision of parts, maintenance, or
25		servicing can best be performed by the manufacturer or
26		authorized service agent;

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1		(vii) purchases and contracts for the use, purchase,
2		delivery, movement, or installation of data processing
3		equipment, software, or services and telecommunications
4		and interconnect equipment, software, and services;
5		(viii) contracts for duplicating machines and
6		supplies;
7		(ix) contracts for the purchase of fuel, including
8		diesel, gasoline, oil, aviation, natural gas, or propane,
9		lubricants, or other petroleum products;
10		(x) purchases of equipment previously owned by some
11		entity other than the district itself;
12		(xi) contracts for repair, maintenance, remodeling,
13		renovation, or construction, or a single project involving
14		an expenditure not to exceed $50,000 and not involving a
15		change or increase in the size, type, or extent of an
16		existing facility;
17		(xii) contracts for goods or services procured from
18		another governmental agency;
19		(xiii) contracts for goods or services which are
20		economically procurable from only one source, such as for
21		the purchase of magazines, books, periodicals, pamphlets
22		and reports, and for utility services such as water,
23		light, heat, telephone or telegraph;
24		(xiv) where funds are expended in an emergency and
25		such emergency expenditure is approved by 3/4 of the
26		members of the board;

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1		(xv) State master contracts authorized under Article
2		28A of this Code;
3		(xvi) contracts providing for the transportation of
4		pupils, which contracts must be advertised in the same
5		manner as competitive bids and awarded by first
6		considering the bidder or bidders most able to provide
7		safety and comfort for the pupils, stability of service,
8		and any other factors set forth in the request for
9		proposal regarding quality of service, and then price; and
10		(xvii) contracts for goods, services, or management in
11		the operation of a school's food service, including a
12		school that participates in any of the United States
13		Department of Agriculture's child nutrition programs if a
14		good faith effort is made on behalf of the school district
15		to give preference to:
16		(1) contracts that procure food that promotes the
17		health and well-being of students, in compliance with
18		United States Department of Agriculture nutrition
19		standards for school meals. Contracts should also
20		promote the production of scratch made, minimally
21		processed foods;
22		(2) contracts that give a preference to State or
23		regional suppliers that source local food products;
24		(3) contracts that give a preference to food
25		suppliers that utilize producers that adopt hormone
26		and pest management practices recommended by the

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1		United States Department of Agriculture;
2		(4) contracts that give a preference to food
3		suppliers that value animal welfare; and
4		(5) contracts that increase opportunities for
5		businesses owned and operated by minorities, women, or
6		persons with disabilities.
7		Food supplier data shall be submitted to the school
8		district at the time of the bid, to the best of the
9		bidder's ability, and updated annually thereafter during
10		the term of the contract. The contractor shall submit the
11		updated food supplier data. The data required under this
12		item (xvii) shall include the name and address of each
13		supplier, distributor, processor, and producer involved in
14		the provision of the products that the bidder is to
15		supply.
16		However, at no time shall a cause of action lie against a
17		school board for awarding a pupil transportation contract per
18		the standards set forth in this subsection (a) unless the
19		cause of action is based on fraudulent conduct.
20		All competitive bids for contracts involving an
21		expenditure in excess of $35,000 $25,000 or a lower amount as
22		required by board policy must be sealed by the bidder and must
23		be opened by a member or employee of the school board at a
24		public bid opening at which the contents of the bids must be
25		announced. Each bidder must receive at least 3 days' notice of
26		the time and place of the bid opening. For purposes of this

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1		Section due advertisement includes, but is not limited to, at
2		least one public notice at least 10 days before the bid date in
3		a newspaper published in the district, or if no newspaper is
4		published in the district, in a newspaper of general
5		circulation in the area of the district. State master
6		contracts and certified education purchasing contracts, as
7		defined in Article 28A of this Code, are not subject to the
8		requirements of this paragraph.
9		Under this Section, the acceptance of bids sealed by a
10		bidder and the opening of these bids at a public bid opening
11		may be permitted by an electronic process for communicating,
12		accepting, and opening competitive bids. An electronic bidding
13		process must provide for, but is not limited to, the following
14		safeguards:
15		(1) On the date and time certain of a bid opening, the
16		primary person conducting the competitive, sealed,
17		electronic bid process shall log onto a specified database
18		using a unique username and password previously assigned
19		to the bidder to allow access to the bidder's specific bid
20		project number.
21		(2) The specified electronic database must be on a
22		network that (i) is in a secure environment behind a
23		firewall; (ii) has specific encryption tools; (iii)
24		maintains specific intrusion detection systems; (iv) has
25		redundant systems architecture with data storage back-up,
26		whether by compact disc or tape; and (v) maintains a

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1		disaster recovery plan.
2		It is the legislative intent of Public Act 96-841 to maintain
3		the integrity of the sealed bidding process provided for in
4		this Section, to further limit any possibility of bid-rigging,
5		to reduce administrative costs to school districts, and to
6		effect efficiencies in communications with bidders.
7		(b) To require, as a condition of any contract for goods
8		and services, that persons bidding for and awarded a contract
9		and all affiliates of the person collect and remit Illinois
10		Use Tax on all sales of tangible personal property into the
11		State of Illinois in accordance with the provisions of the
12		Illinois Use Tax Act regardless of whether the person or
13		affiliate is a "retailer maintaining a place of business
14		within this State" as defined in Section 2 of the Use Tax Act.
15		For purposes of this Section, the term "affiliate" means any
16		entity that (1) directly, indirectly, or constructively
17		controls another entity, (2) is directly, indirectly, or
18		constructively controlled by another entity, or (3) is subject
19		to the control of a common entity. For purposes of this
20		subsection (b), an entity controls another entity if it owns,
21		directly or individually, more than 10% of the voting
22		securities of that entity. As used in this subsection (b), the
23		term "voting security" means a security that (1) confers upon
24		the holder the right to vote for the election of members of the
25		board of directors or similar governing body of the business
26		or (2) is convertible into, or entitles the holder to receive

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1		upon its exercise, a security that confers such a right to
2		vote. A general partnership interest is a voting security.
3		To require that bids and contracts include a certification
4		by the bidder or contractor that the bidder or contractor is
5		not barred from bidding for or entering into a contract under
6		this Section and that the bidder or contractor acknowledges
7		that the school board may declare the contract void if the
8		certification completed pursuant to this subsection (b) is
9		false.
10		(b-5) To require all contracts and agreements that pertain
11		to goods and services and that are intended to generate
12		additional revenue and other remunerations for the school
13		district in excess of $1,000, including without limitation
14		vending machine contracts, sports and other attire, class
15		rings, and photographic services, to be approved by the school
16		board. The school board shall file as an attachment to its
17		annual budget a report, in a form as determined by the State
18		Board of Education, indicating for the prior year the name of
19		the vendor, the product or service provided, and the actual
20		net revenue and non-monetary remuneration from each of the
21		contracts or agreements. In addition, the report shall
22		indicate for what purpose the revenue was used and how and to
23		whom the non-monetary remuneration was distributed.
24		(b-10) To prohibit any contract to purchase food with a
25		bidder or offeror if the bidder's or offeror's contract terms
26		prohibit the school from donating food to food banks,

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1		including, but not limited to, homeless shelters, food
2		pantries, and soup kitchens.
3		(c) If the State education purchasing entity creates a
4		master contract as defined in Article 28A of this Code, then
5		the State education purchasing entity shall notify school
6		districts of the existence of the master contract.
7		(d) In purchasing supplies, materials, equipment, or
8		services that are not subject to subsection (c) of this
9		Section, before a school district solicits bids or awards a
10		contract, the district may review and consider as a bid under
11		subsection (a) of this Section certified education purchasing
12		contracts that are already available through the State
13		education purchasing entity.
14		(Source: P.A. 101-570, eff. 8-23-19; 101-632, eff. 6-5-20;
15		102-1101, eff. 6-29-22.)
16		(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
17		Sec. 34-18. Powers of the board. The board shall exercise
18		general supervision and jurisdiction over the public education
19		and the public school system of the city, and, except as
20		otherwise provided by this Article, shall have power:
21		1. To make suitable provision for the establishment
22		and maintenance throughout the year or for such portion
23		thereof as it may direct, not less than 9 months and in
24		compliance with Section 10-19.05, of schools of all grades
25		and kinds, including normal schools, high schools, night

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1		schools, schools for defectives and delinquents, parental
2		and truant schools, schools for the blind, the deaf, and
3		persons with physical disabilities, schools or classes in
4		manual training, constructural and vocational teaching,
5		domestic arts, and physical culture, vocation and
6		extension schools and lecture courses, and all other
7		educational courses and facilities, including
8		establishing, equipping, maintaining and operating
9		playgrounds and recreational programs, when such programs
10		are conducted in, adjacent to, or connected with any
11		public school under the general supervision and
12		jurisdiction of the board; provided that the calendar for
13		the school term and any changes must be submitted to and
14		approved by the State Board of Education before the
15		calendar or changes may take effect, and provided that in
16		allocating funds from year to year for the operation of
17		all attendance centers within the district, the board
18		shall ensure that supplemental general State aid or
19		supplemental grant funds are allocated and applied in
20		accordance with Section 18-8, 18-8.05, or 18-8.15. To
21		admit to such schools without charge foreign exchange
22		students who are participants in an organized exchange
23		student program which is authorized by the board. The
24		board shall permit all students to enroll in
25		apprenticeship programs in trade schools operated by the
26		board, whether those programs are union-sponsored or not.

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1		No student shall be refused admission into or be excluded
2		from any course of instruction offered in the common
3		schools by reason of that student's sex. No student shall
4		be denied equal access to physical education and
5		interscholastic athletic programs supported from school
6		district funds or denied participation in comparable
7		physical education and athletic programs solely by reason
8		of the student's sex. Equal access to programs supported
9		from school district funds and comparable programs will be
10		defined in rules promulgated by the State Board of
11		Education in consultation with the Illinois High School
12		Association. Notwithstanding any other provision of this
13		Article, neither the board of education nor any local
14		school council or other school official shall recommend
15		that children with disabilities be placed into regular
16		education classrooms unless those children with
17		disabilities are provided with supplementary services to
18		assist them so that they benefit from the regular
19		classroom instruction and are included on the teacher's
20		regular education class register;
21		2. To furnish lunches to pupils, to make a reasonable
22		charge therefor, and to use school funds for the payment
23		of such expenses as the board may determine are necessary
24		in conducting the school lunch program;
25		3. To co-operate with the circuit court;
26		4. To make arrangements with the public or

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1		quasi-public libraries and museums for the use of their
2		facilities by teachers and pupils of the public schools;
3		5. To employ dentists and prescribe their duties for
4		the purpose of treating the pupils in the schools, but
5		accepting such treatment shall be optional with parents or
6		guardians;
7		6. To grant the use of assembly halls and classrooms
8		when not otherwise needed, including light, heat, and
9		attendants, for free public lectures, concerts, and other
10		educational and social interests, free of charge, under
11		such provisions and control as the principal of the
12		affected attendance center may prescribe;
13		7. To apportion the pupils to the several schools;
14		provided that no pupil shall be excluded from or
15		segregated in any such school on account of his color,
16		race, sex, or nationality. The board shall take into
17		consideration the prevention of segregation and the
18		elimination of separation of children in public schools
19		because of color, race, sex, or nationality. Except that
20		children may be committed to or attend parental and social
21		adjustment schools established and maintained either for
22		boys or girls only. All records pertaining to the
23		creation, alteration or revision of attendance areas shall
24		be open to the public. Nothing herein shall limit the
25		board's authority to establish multi-area attendance
26		centers or other student assignment systems for

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1		desegregation purposes or otherwise, and to apportion the
2		pupils to the several schools. Furthermore, beginning in
3		school year 1994-95, pursuant to a board plan adopted by
4		October 1, 1993, the board shall offer, commencing on a
5		phased-in basis, the opportunity for families within the
6		school district to apply for enrollment of their children
7		in any attendance center within the school district which
8		does not have selective admission requirements approved by
9		the board. The appropriate geographical area in which such
10		open enrollment may be exercised shall be determined by
11		the board of education. Such children may be admitted to
12		any such attendance center on a space available basis
13		after all children residing within such attendance
14		center's area have been accommodated. If the number of
15		applicants from outside the attendance area exceed the
16		space available, then successful applicants shall be
17		selected by lottery. The board of education's open
18		enrollment plan must include provisions that allow
19		low-income students to have access to transportation
20		needed to exercise school choice. Open enrollment shall be
21		in compliance with the provisions of the Consent Decree
22		and Desegregation Plan cited in Section 34-1.01;
23		8. To approve programs and policies for providing
24		transportation services to students. Nothing herein shall
25		be construed to permit or empower the State Board of
26		Education to order, mandate, or require busing or other

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1		transportation of pupils for the purpose of achieving
2		racial balance in any school;
3		9. Subject to the limitations in this Article, to
4		establish and approve system-wide curriculum objectives
5		and standards, including graduation standards, which
6		reflect the multi-cultural diversity in the city and are
7		consistent with State law, provided that for all purposes
8		of this Article courses or proficiency in American Sign
9		Language shall be deemed to constitute courses or
10		proficiency in a foreign language; and to employ
11		principals and teachers, appointed as provided in this
12		Article, and fix their compensation. The board shall
13		prepare such reports related to minimal competency testing
14		as may be requested by the State Board of Education and, in
15		addition, shall monitor and approve special education and
16		bilingual education programs and policies within the
17		district to ensure that appropriate services are provided
18		in accordance with applicable State and federal laws to
19		children requiring services and education in those areas;
20		10. To employ non-teaching personnel or utilize
21		volunteer personnel for: (i) non-teaching duties not
22		requiring instructional judgment or evaluation of pupils,
23		including library duties; and (ii) supervising study
24		halls, long distance teaching reception areas used
25		incident to instructional programs transmitted by
26		electronic media such as computers, video, and audio,

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1		detention and discipline areas, and school-sponsored
2		extracurricular activities. The board may further utilize
3		volunteer nonlicensed personnel or employ nonlicensed
4		personnel to assist in the instruction of pupils under the
5		immediate supervision of a teacher holding a valid
6		educator license, directly engaged in teaching subject
7		matter or conducting activities; provided that the teacher
8		shall be continuously aware of the nonlicensed persons'
9		activities and shall be able to control or modify them.
10		The general superintendent shall determine qualifications
11		of such personnel and shall prescribe rules for
12		determining the duties and activities to be assigned to
13		such personnel;
14		10.5. To utilize volunteer personnel from a regional
15		School Crisis Assistance Team (S.C.A.T.), created as part
16		of the Safe to Learn Program established pursuant to
17		Section 25 of the Illinois Violence Prevention Act of
18		1995, to provide assistance to schools in times of
19		violence or other traumatic incidents within a school
20		community by providing crisis intervention services to
21		lessen the effects of emotional trauma on individuals and
22		the community; the School Crisis Assistance Team Steering
23		Committee shall determine the qualifications for
24		volunteers;
25		11. To provide television studio facilities in not to
26		exceed one school building and to provide programs for

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1		educational purposes, provided, however, that the board
2		shall not construct, acquire, operate, or maintain a
3		television transmitter; to grant the use of its studio
4		facilities to a licensed television station located in the
5		school district; and to maintain and operate not to exceed
6		one school radio transmitting station and provide programs
7		for educational purposes;
8		12. To offer, if deemed appropriate, outdoor education
9		courses, including field trips within the State of
10		Illinois, or adjacent states, and to use school
11		educational funds for the expense of the said outdoor
12		educational programs, whether within the school district
13		or not;
14		13. During that period of the calendar year not
15		embraced within the regular school term, to provide and
16		conduct courses in subject matters normally embraced in
17		the program of the schools during the regular school term
18		and to give regular school credit for satisfactory
19		completion by the student of such courses as may be
20		approved for credit by the State Board of Education;
21		14. To insure against any loss or liability of the
22		board, the former School Board Nominating Commission,
23		Local School Councils, the Chicago Schools Academic
24		Accountability Council, or the former Subdistrict Councils
25		or of any member, officer, agent, or employee thereof,
26		resulting from alleged violations of civil rights arising

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1		from incidents occurring on or after September 5, 1967 or
2		from the wrongful or negligent act or omission of any such
3		person whether occurring within or without the school
4		premises, provided the officer, agent, or employee was, at
5		the time of the alleged violation of civil rights or
6		wrongful act or omission, acting within the scope of his
7		or her employment or under direction of the board, the
8		former School Board Nominating Commission, the Chicago
9		Schools Academic Accountability Council, Local School
10		Councils, or the former Subdistrict Councils; and to
11		provide for or participate in insurance plans for its
12		officers and employees, including, but not limited to,
13		retirement annuities, medical, surgical and
14		hospitalization benefits in such types and amounts as may
15		be determined by the board; provided, however, that the
16		board shall contract for such insurance only with an
17		insurance company authorized to do business in this State.
18		Such insurance may include provision for employees who
19		rely on treatment by prayer or spiritual means alone for
20		healing, in accordance with the tenets and practice of a
21		recognized religious denomination;
22		15. To contract with the corporate authorities of any
23		municipality or the county board of any county, as the
24		case may be, to provide for the regulation of traffic in
25		parking areas of property used for school purposes, in
26		such manner as is provided by Section 11-209 of the

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1		Illinois Vehicle Code;
2		16. (a) To provide, on an equal basis, access to a high
3		school campus and student directory information to the
4		official recruiting representatives of the armed forces of
5		Illinois and the United States for the purposes of
6		informing students of the educational and career
7		opportunities available in the military if the board has
8		provided such access to persons or groups whose purpose is
9		to acquaint students with educational or occupational
10		opportunities available to them. The board is not required
11		to give greater notice regarding the right of access to
12		recruiting representatives than is given to other persons
13		and groups. In this paragraph 16, "directory information"
14		means a high school student's name, address, and telephone
15		number.
16		(b) If a student or his or her parent or guardian
17		submits a signed, written request to the high school
18		before the end of the student's sophomore year (or if the
19		student is a transfer student, by another time set by the
20		high school) that indicates that the student or his or her
21		parent or guardian does not want the student's directory
22		information to be provided to official recruiting
23		representatives under subsection (a) of this Section, the
24		high school may not provide access to the student's
25		directory information to these recruiting representatives.
26		The high school shall notify its students and their

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1		parents or guardians of the provisions of this subsection
2		(b).
3		(c) A high school may require official recruiting
4		representatives of the armed forces of Illinois and the
5		United States to pay a fee for copying and mailing a
6		student's directory information in an amount that is not
7		more than the actual costs incurred by the high school.
8		(d) Information received by an official recruiting
9		representative under this Section may be used only to
10		provide information to students concerning educational and
11		career opportunities available in the military and may not
12		be released to a person who is not involved in recruiting
13		students for the armed forces of Illinois or the United
14		States;
15		17. (a) To sell or market any computer program
16		developed by an employee of the school district, provided
17		that such employee developed the computer program as a
18		direct result of his or her duties with the school
19		district or through the utilization of school district
20		resources or facilities. The employee who developed the
21		computer program shall be entitled to share in the
22		proceeds of such sale or marketing of the computer
23		program. The distribution of such proceeds between the
24		employee and the school district shall be as agreed upon
25		by the employee and the school district, except that
26		neither the employee nor the school district may receive

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1		more than 90% of such proceeds. The negotiation for an
2		employee who is represented by an exclusive bargaining
3		representative may be conducted by such bargaining
4		representative at the employee's request.
5		(b) For the purpose of this paragraph 17:
6		(1) "Computer" means an internally programmed,
7		general purpose digital device capable of
8		automatically accepting data, processing data and
9		supplying the results of the operation.
10		(2) "Computer program" means a series of coded
11		instructions or statements in a form acceptable to a
12		computer, which causes the computer to process data in
13		order to achieve a certain result.
14		(3) "Proceeds" means profits derived from the
15		marketing or sale of a product after deducting the
16		expenses of developing and marketing such product;
17		18. To delegate to the general superintendent of
18		schools, by resolution, the authority to approve contracts
19		and expenditures in amounts of $35,000 $10,000 or less;
20		19. Upon the written request of an employee, to
21		withhold from the compensation of that employee any dues,
22		payments, or contributions payable by such employee to any
23		labor organization as defined in the Illinois Educational
24		Labor Relations Act. Under such arrangement, an amount
25		shall be withheld from each regular payroll period which
26		is equal to the pro rata share of the annual dues plus any

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1		payments or contributions, and the board shall transmit
2		such withholdings to the specified labor organization
3		within 10 working days from the time of the withholding;
4		19a. Upon receipt of notice from the comptroller of a
5		municipality with a population of 500,000 or more, a
6		county with a population of 3,000,000 or more, the Cook
7		County Forest Preserve District, the Chicago Park
8		District, the Metropolitan Water Reclamation District, the
9		Chicago Transit Authority, or a housing authority of a
10		municipality with a population of 500,000 or more that a
11		debt is due and owing the municipality, the county, the
12		Cook County Forest Preserve District, the Chicago Park
13		District, the Metropolitan Water Reclamation District, the
14		Chicago Transit Authority, or the housing authority by an
15		employee of the Chicago Board of Education, to withhold,
16		from the compensation of that employee, the amount of the
17		debt that is due and owing and pay the amount withheld to
18		the municipality, the county, the Cook County Forest
19		Preserve District, the Chicago Park District, the
20		Metropolitan Water Reclamation District, the Chicago
21		Transit Authority, or the housing authority; provided,
22		however, that the amount deducted from any one salary or
23		wage payment shall not exceed 25% of the net amount of the
24		payment. Before the Board deducts any amount from any
25		salary or wage of an employee under this paragraph, the
26		municipality, the county, the Cook County Forest Preserve

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1		District, the Chicago Park District, the Metropolitan
2		Water Reclamation District, the Chicago Transit Authority,
3		or the housing authority shall certify that (i) the
4		employee has been afforded an opportunity for a hearing to
5		dispute the debt that is due and owing the municipality,
6		the county, the Cook County Forest Preserve District, the
7		Chicago Park District, the Metropolitan Water Reclamation
8		District, the Chicago Transit Authority, or the housing
9		authority and (ii) the employee has received notice of a
10		wage deduction order and has been afforded an opportunity
11		for a hearing to object to the order. For purposes of this
12		paragraph, "net amount" means that part of the salary or
13		wage payment remaining after the deduction of any amounts
14		required by law to be deducted and "debt due and owing"
15		means (i) a specified sum of money owed to the
16		municipality, the county, the Cook County Forest Preserve
17		District, the Chicago Park District, the Metropolitan
18		Water Reclamation District, the Chicago Transit Authority,
19		or the housing authority for services, work, or goods,
20		after the period granted for payment has expired, or (ii)
21		a specified sum of money owed to the municipality, the
22		county, the Cook County Forest Preserve District, the
23		Chicago Park District, the Metropolitan Water Reclamation
24		District, the Chicago Transit Authority, or the housing
25		authority pursuant to a court order or order of an
26		administrative hearing officer after the exhaustion of, or

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1		the failure to exhaust, judicial review;
2		20. The board is encouraged to employ a sufficient
3		number of licensed school counselors to maintain a
4		student/counselor ratio of 250 to 1. Each counselor shall
5		spend at least 75% of his work time in direct contact with
6		students and shall maintain a record of such time;
7		21. To make available to students vocational and
8		career counseling and to establish 5 special career
9		counseling days for students and parents. On these days
10		representatives of local businesses and industries shall
11		be invited to the school campus and shall inform students
12		of career opportunities available to them in the various
13		businesses and industries. Special consideration shall be
14		given to counseling minority students as to career
15		opportunities available to them in various fields. For the
16		purposes of this paragraph, minority student means a
17		person who is any of the following:
18		(a) American Indian or Alaska Native (a person having
19		origins in any of the original peoples of North and South
20		America, including Central America, and who maintains
21		tribal affiliation or community attachment).
22		(b) Asian (a person having origins in any of the
23		original peoples of the Far East, Southeast Asia, or the
24		Indian subcontinent, including, but not limited to,
25		Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
26		the Philippine Islands, Thailand, and Vietnam).

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1		(c) Black or African American (a person having origins
2		in any of the black racial groups of Africa).
3		(d) Hispanic or Latino (a person of Cuban, Mexican,
4		Puerto Rican, South or Central American, or other Spanish
5		culture or origin, regardless of race).
6		(e) Native Hawaiian or Other Pacific Islander (a
7		person having origins in any of the original peoples of
8		Hawaii, Guam, Samoa, or other Pacific Islands).
9		Counseling days shall not be in lieu of regular school
10		days;
11		22. To report to the State Board of Education the
12		annual student dropout rate and number of students who
13		graduate from, transfer from, or otherwise leave bilingual
14		programs;
15		23. Except as otherwise provided in the Abused and
16		Neglected Child Reporting Act or other applicable State or
17		federal law, to permit school officials to withhold, from
18		any person, information on the whereabouts of any child
19		removed from school premises when the child has been taken
20		into protective custody as a victim of suspected child
21		abuse. School officials shall direct such person to the
22		Department of Children and Family Services or to the local
23		law enforcement agency, if appropriate;
24		24. To develop a policy, based on the current state of
25		existing school facilities, projected enrollment, and
26		efficient utilization of available resources, for capital

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1		improvement of schools and school buildings within the
2		district, addressing in that policy both the relative
3		priority for major repairs, renovations, and additions to
4		school facilities and the advisability or necessity of
5		building new school facilities or closing existing schools
6		to meet current or projected demographic patterns within
7		the district;
8		25. To make available to the students in every high
9		school attendance center the ability to take all courses
10		necessary to comply with the Board of Higher Education's
11		college entrance criteria effective in 1993;
12		26. To encourage mid-career changes into the teaching
13		profession, whereby qualified professionals become
14		licensed teachers, by allowing credit for professional
15		employment in related fields when determining point of
16		entry on the teacher pay scale;
17		27. To provide or contract out training programs for
18		administrative personnel and principals with revised or
19		expanded duties pursuant to this Code in order to ensure
20		they have the knowledge and skills to perform their
21		duties;
22		28. To establish a fund for the prioritized special
23		needs programs, and to allocate such funds and other lump
24		sum amounts to each attendance center in a manner
25		consistent with the provisions of part 4 of Section
26		34-2.3. Nothing in this paragraph shall be construed to

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1		require any additional appropriations of State funds for
2		this purpose;
3		29. (Blank);
4		30. Notwithstanding any other provision of this Act or
5		any other law to the contrary, to contract with third
6		parties for services otherwise performed by employees,
7		including those in a bargaining unit, and to layoff those
8		employees upon 14 days written notice to the affected
9		employees. Those contracts may be for a period not to
10		exceed 5 years and may be awarded on a system-wide basis.
11		The board may not operate more than 30 contract schools,
12		provided that the board may operate an additional 5
13		contract turnaround schools pursuant to item (5.5) of
14		subsection (d) of Section 34-8.3 of this Code, and the
15		governing bodies of contract schools are subject to the
16		Freedom of Information Act and Open Meetings Act;
17		31. To promulgate rules establishing procedures
18		governing the layoff or reduction in force of employees
19		and the recall of such employees, including, but not
20		limited to, criteria for such layoffs, reductions in force
21		or recall rights of such employees and the weight to be
22		given to any particular criterion. Such criteria shall
23		take into account factors, including, but not limited to,
24		qualifications, certifications, experience, performance
25		ratings or evaluations, and any other factors relating to
26		an employee's job performance;

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1		32. To develop a policy to prevent nepotism in the
2		hiring of personnel or the selection of contractors;
3		33. (Blank); and
4		34. To establish a Labor Management Council to the
5		board comprised of representatives of the board, the chief
6		executive officer, and those labor organizations that are
7		the exclusive representatives of employees of the board
8		and to promulgate policies and procedures for the
9		operation of the Council.
10		The specifications of the powers herein granted are not to
11		be construed as exclusive, but the board shall also exercise
12		all other powers that may be requisite or proper for the
13		maintenance and the development of a public school system, not
14		inconsistent with the other provisions of this Article or
15		provisions of this Code which apply to all school districts.
16		In addition to the powers herein granted and authorized to
17		be exercised by the board, it shall be the duty of the board to
18		review or to direct independent reviews of special education
19		expenditures and services. The board shall file a report of
20		such review with the General Assembly on or before May 1, 1990.
21		(Source: P.A. 101-12, eff. 7-1-19; 101-88, eff. 1-1-20;
22		102-465, eff. 1-1-22; 102-558, eff. 8-20-21; 102-894, eff.
23		5-20-22.)
24		(105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3)
25		Sec. 34-21.3. Contracts. The board shall by record vote

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1		let all contracts (other than those excepted by Section
2		10-20.21 of this The School Code) for supplies, materials, or
3		work, and contracts with private carriers for transportation
4		of pupils, involving an expenditure in excess of $35,000
5		$25,000 or a lower amount as required by board policy by
6		competitive bidding as provided in Section 10-20.21 of this
7		The School Code.
8		The board may delegate to the general superintendent of
9		schools, by resolution, the authority to approve contracts in
10		amounts of $35,000 $25,000 or less.
11		For a period of one year from and after the expiration or
12		other termination of his or her term of office as a member of
13		the board: (i) the former board member shall not be eligible
14		for employment nor be employed by the board, a local school
15		council, an attendance center, or any other subdivision or
16		agent of the board or the school district governed by the
17		board, and (ii) neither the board nor the chief purchasing
18		officer shall let or delegate authority to let any contract
19		for services, employment, or other work to the former board
20		member or to any corporation, partnership, association, sole
21		proprietorship, or other entity other than publicly traded
22		companies from which the former board member receives an
23		annual income, dividends, or other compensation in excess of
24		$1,500. Any contract that is entered into by or under a
25		delegation of authority from the board or the chief purchasing
26		officer shall contain a provision stating that the contract is

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1		not legally binding on the board if entered into in violation
2		of the provisions of this paragraph.
3		In addition, the State Board of Education, in consultation
4		with the board, shall (i) review existing conflict of interest
5		and disclosure laws or regulations that are applicable to the
6		executive officers and governing boards of school districts
7		organized under this Article and school districts generally,
8		(ii) determine what additional disclosure and conflict of
9		interest provisions would enhance the reputation and fiscal
10		integrity of the board and the procedure under which contracts
11		for goods and services are let, and (iii) develop appropriate
12		reporting forms and procedures applicable to the executive
13		officers, governing board, and other officials of the school
14		district.
15		(Source: P.A. 95-990, eff. 10-3-08.)
16		ARTICLE 85.
17		Section 85-5. The Election Code is amended by changing
18		Section 13-10 as follows:
19		(10 ILCS 5/13-10) (from Ch. 46, par. 13-10)
20		Sec. 13-10. The compensation of the judges of all
21		primaries and all elections, except judges supervising vote by
22		mail ballots as provided in Section 19-12.2 of this Act, in
23		counties of less than 600,000 inhabitants shall be fixed by

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1		the respective county boards or boards of election
2		commissioners in all counties and municipalities, but in no
3		case shall such compensation be less than $35 per day. The
4		compensation of judges of all primaries and all elections not
5		under the jurisdiction of the county clerk, except judges
6		supervising vote by mail balloting as provided in Section
7		19-12.2 of this Act, in counties having a population of
8		2,000,000 or more shall be not less than $60 per day. The
9		compensation of judges of all primaries and all elections
10		under the jurisdiction of the county clerk, except judges
11		supervising vote by mail balloting as provided in Section
12		19-12.2 of this Act, in counties having a population of
13		2,000,000 or more shall be not less than $60 per day. The
14		compensation of judges of all primaries and all elections,
15		except judges supervising vote by mail ballots as provided in
16		Section 19-12.2 of this Act, in counties having a population
17		of at least 600,000 but less than 2,000,000 inhabitants shall
18		be not less than $45 per day as fixed by the county board of
19		election commissioners of each such county. In addition to
20		their per day compensation and notwithstanding the limitations
21		thereon stated herein, the judges of election, in all counties
22		with a population of less than 600,000, shall be paid $3 each
23		for each 100 voters or portion thereof, in excess of 200 voters
24		voting for candidates in the election district or precinct
25		wherein the judge is serving, whether a primary or an election
26		is being held. However, no such extra compensation shall be

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1		paid to the judges of election in any precinct in which no
2		paper ballots are counted by such judges of election. The 2
3		judges of election in counties having a population of less
4		than 600,000 who deliver the returns to the county clerk shall
5		each be allowed and paid a sum to be determined by the election
6		authority for such services and an additional sum per mile to
7		be determined by the election authority for every mile
8		necessarily travelled in going to and returning from the
9		office or place to which they deliver the returns. The
10		compensation for mileage shall be consistent with current
11		rates paid for mileage to employees of the county.
12		However, all judges who have been certified by the County
13		Clerk or Board of Election Commissioners as having
14		satisfactorily completed, within the 2 years preceding the day
15		of election, the training course for judges of election, as
16		provided in Sections 13-2.1, 13-2.2 and 14-4.1 of this Act,
17		shall receive additional compensation of not less than $10 per
18		day in counties of less than 600,000 inhabitants, the
19		additional compensation of not less than $10 per day in
20		counties having a population of at least 600,000 but less than
21		2,000,000 inhabitants as fixed by the county board of election
22		commissioners of each such county, and additional compensation
23		of not less than $20 per day in counties having a population of
24		2,000,000 or more for primaries and elections not under the
25		jurisdiction of the county clerk, and additional compensation
26		of not less than $20 per day in counties having a population of

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1		2,000,000 or more for primaries and elections under the
2		jurisdiction of the county clerk.
3		In precincts in which there are tally judges, the
4		compensation of the tally judges shall be 2/3 of that of the
5		judges of election and each holdover judge shall be paid the
6		compensation of a judge of election plus that of a tally judge.
7		Beginning on the effective date of this amendatory Act of
8		1998, the portion of an election judge's daily compensation
9		reimbursed by the State Board of Elections is increased by
10		$15. The increase provided by this amendatory Act of 1998 must
11		be used to increase each judge's compensation and may not be
12		used by the county to reduce its portion of a judge's
13		compensation.
14		Beginning on the effective date of this amendatory Act of
15		the 95th General Assembly, the portion of an election judge's
16		daily compensation reimbursement by the State Board of
17		Elections is increased by an additional $20. The increase
18		provided by this amendatory Act of the 95th General Assembly
19		must be used to increase each judge's compensation and may not
20		be used by the election authority or election jurisdiction to
21		reduce its portion of a judge's compensation.
22		Beginning on the effective date of the changes made to
23		this Section by this amendatory Act of the 103rd General
24		Assembly, the portion of an election judge's daily
25		compensation reimbursement by the State Board of Elections is
26		increased by an additional $20. The increase provided by this

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1		amendatory Act of the 103rd General Assembly must be used to
2		increase each judge's compensation and may not be used by the
3		election authority or election jurisdiction to reduce its
4		portion of a judge's compensation.
5		(Source: P.A. 98-1171, eff. 6-1-15.)
6		ARTICLE 90.
7		Section 90-5. The Reimagine Public Safety Act is amended
8		by changing Sections 35-10, 35-15, 35-25, 35-30, 35-35, 35-40
9		and 35-50 as follows:
10		(430 ILCS 69/35-10)
11		Sec. 35-10. Definitions. As used in this Act:
12		"Approved technical assistance and training provider"
13		means an organization that has experience in improving the
14		outcomes of local community-based organizations by providing
15		supportive services that address the gaps in their resources
16		and knowledge about content-based work or provide support and
17		knowledge about the administration and management of
18		organizations, or both. Approved technical assistance and
19		training providers as defined in this Act are intended to
20		assist community organizations with evaluating the need for
21		evidence-based violence prevention services, promising
22		violence prevention programs, starting up programming, and
23		strengthening the quality of existing programming.

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1		"Community" or "communities" means, for municipalities
2		with a 1,000,000 or more population in Illinois, the 77
3		designated neighborhood areas defined by the University of
4		Chicago Social Science Research Committee as amended in 1980.
5		"Concentrated firearm violence" means the 10 most violent
6		communities in Illinois municipalities with 1,000,000 or more
7		residents and the 10 most violent municipalities with less
8		than 1,000,000 residents and greater than 35,000 residents
9		with the most per capita fatal and nonfatal firearm-shot
10		victims, excluding self-inflicted incidents, from January 1,
11		2016 through December 31, 2020.
12		"Credible messenger" means an individual who has been
13		arrested, indicted, convicted, adjudicated delinquent, or
14		otherwise detained by criminal or juvenile justice authorities
15		for violation of State criminal law and has successfully
16		reached the end of the individual's sentence or the final
17		termination of the individual's term of commitment and has
18		relationships in a specific community that can promote
19		conflict resolution and healing.
20		"Criminal and juvenile justice-involved" means an
21		individual who has been arrested, indicted, convicted,
22		adjudicated delinquent, or otherwise detained by criminal or
23		juvenile justice authorities for violation of Illinois
24		criminal laws.
25		"Evidence-based high-risk youth intervention services"
26		means programs that have been proven to reduce involvement in

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1		the criminal or juvenile justice system, increase school
2		attendance, and includes referrals of high-risk teens into
3		therapeutic programs that address trauma recovery and other
4		mental health improvements based on best practices in the
5		youth intervention services field.
6		"Evidence-based violence prevention services" means
7		coordinated programming and services that may include, but are
8		not limited to, effective emotional or trauma related
9		therapies, housing, employment training, job placement, family
10		engagement, or wrap-around support services that have been
11		proven effective or are considered to be best practice for
12		reducing violence within the field of violence intervention
13		research and practice.
14		"Evidence-based youth development programs" means
15		after-school and summer programming that provides services to
16		teens to increase their school attendance, school performance,
17		reduce involvement in the criminal justice system, and develop
18		nonacademic interests that build social emotional persistence
19		and intelligence based on best practices in the field of youth
20		development services for high-risk youth.
21		"Options school" means a secondary school where 75% or
22		more of attending students have either stopped attending or
23		failed their secondary school courses since first attending
24		ninth grade.
25		"Violence prevention organization" means an organization
26		that manages and employs qualified violence prevention

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1		professionals.
2		"Violence prevention professional" means a community
3		health worker who renders violence preventive services.
4		"Social organization" means an organization of individuals
5		who form the organization for the purposes of enjoyment, work,
6		and other mutual interests.
7		(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21;
8		102-687, eff. 12-17-21.)
9		(430 ILCS 69/35-15)
10		Sec. 35-15. Findings. The Illinois General Assembly finds
11		that:
12		(1) Discrete neighborhoods in municipalities across
13		Illinois are experiencing concentrated and perpetual
14		firearm violence that is a public health epidemic.
15		(2) Within neighborhoods experiencing this firearm
16		violence epidemic, violence is concentrated among teens
17		and young adults that have chronic exposure to the risk of
18		violence and criminal legal system involvement and related
19		trauma in small geographic areas where these young people
20		live or congregate.
21		(3) Firearm violence victimization and perpetration is
22		highly concentrated in particular neighborhoods,
23		particular blocks within these neighborhoods, and among a
24		small number of individuals living in these areas.
25		(4) People who are chronically exposed to the risk of

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1		firearm violence victimization are substantially more
2		likely to be violently injured or violently injure another
3		person. People who have been violently injured are
4		substantially more likely to be violently reinjured.
5		Chronic exposure to violence additionally leads
6		individuals to engage in behavior, as part of a cycle of
7		community violence, trauma, and retaliation that
8		substantially increases their own risk of violent injury
9		or reinjury.
10		(5) Evidence-based programs that engage individuals at
11		the highest risk of firearm violence and provide life
12		stabilization, case management, and culturally competent
13		group and individual therapy reduce firearm violence
14		victimization and perpetration and can end Illinois'
15		firearm violence epidemic.
16		(6) A public health approach to ending Illinois'
17		firearm violence epidemic requires targeted, integrated
18		behavioral health services and economic opportunity that
19		promotes self-sufficiency for victims of firearm violence
20		and those with chronic exposure to the risk of firearm
21		violence victimization, including, but not limited to,
22		services for criminal and juvenile justice-involved
23		populations and crisis response services, such as
24		psychological first aid.
25		(7) A public health approach to ending Illinois'
26		firearm violence epidemic further requires broader

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1		preventive investments in the census tracts and blocks
2		that reduce risk factors for youth and families living in
3		areas at the highest risk of firearm violence
4		victimization.
5		(8) A public health approach to ending Illinois'
6		firearm violence epidemic requires empowering residents
7		and community-based organizations within impacted
8		neighborhoods to provide culturally competent care based
9		on lived experience in these areas and long-term
10		relationships of mutual interest that promote safety and
11		stability.
12		(9) A public health approach to ending Illinois'
13		firearm violence epidemic further requires that preventive
14		youth development services for youth in these
15		neighborhoods be fully integrated with a team-based model
16		of mental health care to address trauma recovery for those
17		young people at the highest risk of firearm violence
18		victimization.
19		(10) Community revitalization can be an effective
20		violence prevention strategy, provided that revitalization
21		is targeted to the highest risk geographies within
22		communities and revitalization efforts are designed and
23		led by individuals living and working in the impacted
24		communities.
25		(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.)

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1		(430 ILCS 69/35-25)
2		Sec. 35-25. Integrated violence prevention and other
3		services.
4		(a) Subject to appropriation, for municipalities with
5		1,000,000 or more residents, the Office of Firearm Violence
6		Prevention shall make grants to violence prevention
7		organizations for evidence-based violence prevention services.
8		Approved technical assistance and training providers shall
9		create learning communities for the exchange of information
10		between community-based organizations in the same or similar
11		fields. Firearm violence prevention organizations shall
12		prioritize individuals at the highest risk of firearm violence
13		victimization and provide these individuals with
14		evidence-based comprehensive services that reduce their
15		exposure to chronic firearm violence.
16		(a-5) Grants may be awarded under this Act to Reimagine
17		Public Safety grantees or their subgrantees to provide any one
18		or more of the following services to Reimagine Public Safety
19		program participants or credible messengers:
20		(1) Behavioral health services, including clinical
21		interventions, crisis interventions, and group counseling
22		supports, such as peer support groups, social-emotional
23		learning supports, including skill building for anger
24		management, de-escalation, sensory stabilization, coping
25		strategies, and thoughtful decision-making, short-term
26		clinical individual sessions, psycho-social assessments,

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1		and motivational interviewing.
2		(A) Funds awarded under this paragraph may be used
3		for behavioral health services until July 1, 2024.
4		(B) Any community violence prevention service
5		provider being reimbursed from funds awarded under
6		this paragraph for behavioral health services must
7		also file a plan to become Medicaid certified for
8		violence prevention-community support team services
9		under the Illinois Medicaid program on or before July
10		1, 2024.
11		(2) Capacity-building services, including
12		administrative and programmatic support, services, and
13		resources, such as subcontract development, budget
14		development, grant monitoring and reporting, and fiscal
15		sponsorship. Capacity-building services financed with
16		grants awarded under this Act may also include intensive
17		training and technical assistance focused on Community
18		Violence Intervention (CVI) not-for-profit business
19		operations, best practice delivery of firearm violence
20		prevention services, and assistance with administering and
21		meeting fiscal reporting or auditing requirements.
22		Capacity-building services financed with grants awarded
23		under this Act must be directed to a current or potential
24		Reimagine Public Safety firearm violence prevention
25		provider and cannot exceed 20% of potential funds awarded
26		to the relevant provider or future provider.

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1		(3) Legal aid services, including funding for staff
2		attorneys and paralegals to provide education, training,
3		legal services, and advocacy for program recipients. Legal
4		aid services that may be provided with grant funds awarded
5		under this Act include "Know Your Rights" clinics,
6		trainings targeting returning citizens and families
7		impacted by incarceration, and long-term legal efforts
8		addressing expungement, civil rights, family law, housing,
9		employment, and victim rights. Legal aid services provided
10		with grant funds awarded under this Act shall not be
11		directed toward criminal justice issues.
12		(4) Housing services, including grants for emergency
13		and temporary housing for individuals at immediate risk of
14		firearm violence, except that grant funding provided under
15		this paragraph must be directed only toward Reimagine
16		Public Safety program participants.
17		(5) Workforce development services, including grants
18		for job coaching, intensive case management, employment
19		training and placement, and retention services, including
20		the provision of transitional job placements and access to
21		basic certificate training for industry-specific jobs.
22		Training also includes the provision of education-related
23		content, such as financial literacy training, GED
24		preparation, and academic coaching.
25		(6) Re-entry services for individuals exiting the
26		State or county criminal justice systems, if those

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1		individuals are either eligible for services under this
2		Act as participants or are individuals who can make an
3		immediate contribution to mediate neighborhood conflicts
4		if they receive stabilizing services. Re-entry services
5		financed with grants awarded under this Act include all
6		services authorized under this Act, including services
7		listed in this subsection.
8		(7) Victim services, including assessments and
9		screening of victim needs, planning sessions related to
10		assessments, service planning and goal setting, assessing
11		intervention needs, notifying and navigating participants
12		through public agency processes for victim compensation,
13		crisis intervention, emergency financial assistance,
14		transportation, medical care, stable housing, and shelter,
15		assessment and linkage to public benefits, and relocation
16		services.
17		(b) In the geographic areas they serve, violence Violence
18		prevention organizations shall develop the following expertise
19		in the geographic areas that they cover:
20		(1) Analyzing and leveraging data to identify the
21		individuals who will most benefit from evidence-based
22		violence prevention services in their geographic areas.
23		(2) Identifying the conflicts that are responsible for
24		recurring violence.
25		(3) Having relationships with individuals who are most
26		able to reduce conflicts.

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1		(4) Addressing the stabilization and trauma recovery
2		needs of individuals impacted by violence by providing
3		direct services for their unmet needs or referring them to
4		other qualified service providers.
5		(5) Having and building relationships with community
6		members and community organizations that provide
7		evidence-based violence prevention services and get
8		referrals of people who will most benefit from
9		evidence-based violence prevention services in their
10		geographic areas.
11		(6) Providing training and technical assistance to
12		local law enforcement agencies to improve their
13		effectiveness without having any role, requirement, or
14		mandate to participate in the policing, enforcement, or
15		prosecution of any crime.
16		(c) Violence prevention organizations receiving grants
17		under this Act shall coordinate services with other violence
18		prevention organizations in their area.
19		(d) The Office of Firearm Violence Prevention shall
20		identify, for each separate eligible service area under this
21		Act, an experienced violence prevention organization to serve
22		as the Lead Violence Prevention Convener for that area and
23		provide each Lead Violence Prevention Convener with a grant of
24		up to $100,000 to these organizations to coordinate monthly
25		meetings between violence prevention organizations and youth
26		development organizations under this Act. The Lead Violence

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1		Prevention Convener may also receive, from the Office of
2		Firearm Violence Prevention, technical assistance or training
3		through approved providers when needs are jointly identified.
4		The Lead Violence Prevention Convener shall:
5		(1) provide the convened organizations with summary
6		notes recommendations made at the monthly meetings to
7		improve the effectiveness of evidence-based violence
8		prevention services based on review of timely data on
9		shootings and homicides in his or her relevant
10		neighborhood;
11		(2) attend monthly meetings where the cause of
12		violence and other neighborhood disputes is discussed and
13		strategize on how to resolve ongoing conflicts and execute
14		on agreed plans;
15		(3) (blank);
16		(4) on behalf of the convened organizations, make
17		consensus recommendations to the Office of Firearm
18		Violence Prevention and local law enforcement on how to
19		reduce violent conflict in his or her neighborhood;
20		(5) meet on an emergency basis when conflicts that
21		need immediate attention and resolution arise;
22		(6) share knowledge and strategies of the community
23		violence dynamic in monthly meetings with local youth
24		development specialists receiving grants under this Act;
25		(7) select when and where needed an approved Office of
26		Violence Prevention-funded technical assistance and

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1		training service provider to receive agreed upon services;
2		and
3		(8) after meeting with community residents and other
4		community organizations that have expertise in housing,
5		mental health, economic development, education, and social
6		services, make recommendations to the Office of Firearm
7		Violence Prevention on how to target community
8		revitalization resources available from federal and State
9		funding sources.
10		The Office of Firearm Violence Prevention shall compile
11		recommendations from all Lead Violence Prevention Conveners
12		and report to the General Assembly bi-annually on these
13		funding recommendations. The Lead Violence Prevention Convener
14		may also serve as a violence prevention or youth development
15		provider.
16		(e) The Illinois Office of Firearm Violence Prevention
17		shall select, when possible and appropriate, no fewer than 2
18		and no more than 3 approved technical assistance and training
19		providers to deliver technical assistance and training to the
20		violence prevention organizations that request to receive
21		approved technical assistance and training. Violence
22		prevention organizations shall have the opportunity complete
23		authority to select among the approved technical assistance
24		services providers funded by the Office of Firearm Violence
25		Prevention, as long as the technical assistance provider has
26		the capacity to effectively serve the grantees that have

HB3817 Enrolled - 596 - LRB103 30519 DTM 56952 b
1		selected them. The Department shall make best efforts to
2		accommodate second choices of violence prevention
3		organizations when the violence prevention organizations'
4		first choice does not have capacity to provide technical
5		assistance.
6		(f) Approved technical assistance and training providers
7		may:
8		(1) provide training and certification to violence
9		prevention professionals on how to perform violence
10		prevention services and other professional development to
11		violence prevention professionals.
12		(2) provide management training on how to manage
13		violence prevention professionals;
14		(3) provide training and assistance on how to develop
15		memorandum of understanding for referral services or
16		create approved provider lists for these referral
17		services, or both;
18		(4) share lessons learned among violence prevention
19		professionals and service providers in their network; and
20		(5) provide technical assistance and training on human
21		resources, grants management, capacity building, and
22		fiscal management strategies.
23		(g) Approved technical assistance and training providers
24		shall:
25		(1) provide additional services identified as
26		necessary by the Office of Firearm Violence Prevention and

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1		service providers in their network; and
2		(2) receive a base grant of up to $250,000 plus
3		negotiated service rates to provide group and
4		individualized services to participating violence
5		prevention organizations.
6		(h) (Blank).
7		(i) The Office of Firearm Violence Prevention shall issue
8		grants, when possible and appropriate, to no fewer than 2
9		violence prevention organizations in each of the eligible
10		service areas and no more than 6 organizations. When possible,
11		the Office of Firearm Violence Prevention shall work, subject
12		to eligible applications received, to ensure that grant
13		resources are equitably distributed across eligible service
14		areas grants shall be for no less than $300,000 per violence
15		prevention organization. The Office of Firearm Violence
16		Prevention may establish grant award ranges to ensure grants
17		will have the potential to reduce violence in each
18		neighborhood.
19		(j) No violence prevention organization can serve more
20		than 3 eligible service areas unless the Office of Firearm
21		Violence Prevention is unable to identify violence prevention
22		organizations to provide adequate coverage.
23		(k) No approved technical assistance and training provider
24		shall provide evidence-based violence prevention services in
25		an eligible service area under this Act unless the Office of
26		Firearm Violence Prevention is unable to identify qualified

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1		violence prevention organizations to provide adequate
2		coverage.
3		(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.)
4		(430 ILCS 69/35-30)
5		Sec. 35-30. Integrated youth services.
6		(a) Subject to appropriation, for municipalities with
7		1,000,000 or more residents, the Office of Firearm Violence
8		Prevention shall make grants to youth development
9		organizations for evidence-based youth programming, including,
10		but not limited to, after-school and summer programming.
11		Evidence-based youth development programs shall provide
12		services to teens that increase their school attendance, and
13		school performance and to teens or young adults that , reduce
14		involvement in the criminal and juvenile justice systems,
15		develop employment and life skills, and develop nonacademic
16		interests that build social emotional persistence and
17		intelligence.
18		(b) The Office of Firearm Violence Prevention shall
19		identify municipal blocks where more than 35% of all fatal and
20		nonfatal firearm-shot incidents take place and focus youth
21		development service grants to residents of these identified
22		blocks in the designated eligible service areas. The
23		Department of Human Services shall prioritize funding to youth
24		development service programs that serve the following teens
25		before expanding services to the broader community:

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1		(1) criminal and juvenile justice-involved youth;
2		(2) students who are attending or have attended option
3		schools;
4		(3) family members of individuals working with
5		violence prevention organizations; and
6		(4) youth living on the blocks where more than 35% of
7		the violence takes place in a neighborhood.
8		(c) Each program participant enrolled in a youth
9		development program under this Act, when possible and
10		appropriate, shall receive an individualized needs assessment
11		to determine if the participant requires intensive youth
12		services as provided for in Section 35-35 of this Act. The
13		needs assessment should be the best available instrument that
14		considers the physical and mental condition of each youth
15		based on the youth's family ties, financial resources, past
16		substance use, criminal justice involvement, and trauma
17		related to chronic exposure to firearm violence behavioral
18		health assessment to determine the participant's broader
19		support and mental health needs. The Office of Firearm
20		Violence Prevention shall determine best practices for
21		referring program participants who are at the highest risk of
22		violence and justice involvement to be referred to a high-risk
23		youth intervention program established in Section 35-35.
24		(d) Youth development prevention program participants
25		shall receive services designed to empower participants with
26		the social and emotional skills necessary to forge paths of

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1		healthy development and disengagement from high-risk
2		behaviors. Within the context of engaging social, physical,
3		and personal development activities, participants should build
4		resilience and the skills associated with healthy social,
5		emotional, and identity development.
6		(e) Youth development providers shall develop the
7		following expertise in the geographic areas they cover:
8		(1) Knowledge of the teens and their social
9		organization in the blocks they are designated to serve.
10		(2) Youth development organizations receiving grants
11		under this Act shall be required to coordinate services
12		with other youth development organizations in their
13		neighborhood by sharing lessons learned in monthly
14		meetings.
15		(3) (Blank).
16		(4) Meeting on an emergency basis when conflicts
17		related to program participants that need immediate
18		attention and resolution arise.
19		(5) Sharing knowledge and strategies of the
20		neighborhood violence dynamic in monthly meetings with
21		local violence prevention organizations receiving grants
22		under this Act.
23		(6) Selecting an approved technical assistance and
24		training service provider to receive agreed upon services.
25		(f) The Illinois Office of Firearm Violence Prevention
26		shall select, when possible and appropriate, no fewer than 2

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1		and no more than 3 approved technical assistance and training
2		providers to deliver technical assistance and training to the
3		youth development organizations that request to receive
4		approved technical assistance and training. Youth development
5		organizations must use an approved technical assistance and
6		training provider and can choose among approved technical
7		assistance providers as long as the technical assistance
8		provider has the capacity to effectively serve the youth
9		development organizations that have selected them. The
10		Department shall make best efforts to accommodate second
11		choices of youth development organizations when the youth
12		development organization's violence prevention first choice
13		does not have capacity to provide technical assistance but
14		have complete authority to select among the approved technical
15		assistance services providers funded by the Office of Firearm
16		Violence Prevention.
17		(g) Approved technical assistance and training providers
18		may:
19		(1) provide training to youth development workers on
20		how to perform outreach services;
21		(2) provide management training on how to manage youth
22		development workers;
23		(3) provide training and assistance on how to develop
24		memorandum of understanding for referral services or
25		create approved provider lists for these referral
26		services, or both;

HB3817 Enrolled - 602 - LRB103 30519 DTM 56952 b
1		(4) share lessons learned among youth development
2		service providers in their network; and
3		(5) provide technical assistance and training on human
4		resources, grants management, capacity building, and
5		fiscal management strategies.
6		(h) Approved technical assistance and training providers
7		shall:
8		(1) provide additional services identified as
9		necessary by the Office of Firearm Violence Prevention and
10		youth development service providers in their network; and
11		(2) receive an annual base grant of up to $250,000
12		plus negotiated service rates to provide group and
13		individualized services to participating youth development
14		service organizations.
15		(i) (Blank).
16		(j) The Office of Firearm Violence Prevention shall issue
17		youth development services grants, when possible and
18		appropriate, to no fewer than 4 youth services organizations
19		in each of the eligible service areas and no more than 8
20		organizations. When possible, the Office of Firearm Violence
21		Prevention shall work, subject to eligible applications
22		received, to ensure that grant resources are equitably
23		distributed across eligible service areas grants shall be for
24		no less than $300,000 per youth development organization. The
25		Office of Firearm Violence Prevention may establish award
26		ranges to ensure grants will have the potential to reduce

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1		violence in each neighborhood.
2		(k) No youth development organization can serve more than
3		3 eligible service areas unless the Office of Firearm Violence
4		Prevention is unable to identify youth development
5		organizations to provide adequate coverage.
6		(l) No approved technical assistance and training provider
7		shall provide youth development services in any neighborhood
8		under this Act.
9		(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.)
10		(430 ILCS 69/35-35)
11		Sec. 35-35. Intensive youth intervention services.
12		(a) Subject to appropriation, for municipalities with
13		1,000,000 or more residents, the Office of Firearm Violence
14		Prevention shall issue grants to high-risk youth intervention
15		organizations for evidence-based intervention services that
16		reduce involvement in the criminal and juvenile justice
17		system, increase school attendance, and refer high-risk teens
18		into therapeutic programs that address trauma recovery and
19		other mental health improvements. Each program participant
20		enrolled in a high-risk youth intervention program under this
21		Act shall receive a nationally recognized comprehensive mental
22		health assessment delivered by a qualified mental health
23		professional certified to provide services to Medicaid
24		recipients.
25		(b) High-risk youth intervention program participants

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1		shall receive needed services as determined by the
2		individualized assessment which may include, but is not
3		limited to:
4		(1) receive group-based emotional regulation therapy
5		that helps them control their emotions and understand how
6		trauma and stress impacts their thinking and behavior; and
7		(2) have youth advocates that accompany them to their
8		group therapy sessions, assist them with issues that
9		prevent them from attending school, and address life
10		skills development activities through weekly coaching.
11		(b-5) High-risk youth intervention service organizations
12		shall have trained clinical staff managing the youth advocate
13		interface with program participants.
14		(c) Youth development service organizations and providers
15		of evidence-based violence prevention services shall be
16		assigned to the youth intervention service providers for
17		referrals by the Office of Firearm Violence Prevention.
18		(d) The youth receiving intervention services who are
19		evaluated to need trauma recovery and other behavioral health
20		interventions and who have the greatest risk of firearm
21		violence victimization shall be referred to the family systems
22		intervention services established in Section 35-55.
23		(e) The Office of Firearm Violence Prevention shall issue
24		high-risk youth intervention grants, when possible and
25		appropriate, to no less than 2 youth intervention
26		organizations and no more than 4 organizations in

HB3817 Enrolled - 605 - LRB103 30519 DTM 56952 b
1		municipalities with 1,000,000 or more residents.
2		(f) No high-risk youth intervention organization can serve
3		more than 13 eligible service areas.
4		(g) The approved technical assistance and training
5		providers for youth development programs provided in
6		subsection (d) of Section 35-30 shall also provide technical
7		assistance and training to the affiliated high-risk youth
8		intervention service providers.
9		(h) (Blank).
10		(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.)
11		(430 ILCS 69/35-40)
12		Sec. 35-40. Services for municipalities with less than
13		1,000,000 residents.
14		(a) The Office of Firearm Violence Prevention shall
15		identify the 10 municipalities or geographically contiguous
16		areas in Illinois with less than 1,000,000 residents and more
17		than 35,000 residents that have the largest concentration of
18		fatal and nonfatal firearm-shot victims over the 5-year period
19		considered for eligibility. These areas shall qualify for
20		grants under this Act. The Office of Firearm Violence
21		Prevention may identify up to 5 additional municipalities or
22		geographically contiguous areas with less than 1,000,000
23		residents that would benefit from evidence-based violence
24		prevention services. In identifying the additional
25		municipalities that qualify for funding under Section 35-40,

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1		the Office of Firearm Violence Prevention shall consider the
2		following factors when possible:
3		(1) the total number of fatal and nonfatal firearms
4		victims, excluding self-inflicted incidents, in a
5		potential municipality over the 5-year period considered
6		for eligibility;
7		(2) the per capita rate of fatal and nonfatal firearms
8		victims, excluding self-inflicted incidents, in a
9		potential municipality over the 5-year period considered
10		for eligibility; and
11		(3) the total potential firearms violence reduction
12		benefit for the entire State of Illinois by serving the
13		additional municipalities compared to the total benefit of
14		investing in all other municipalities identified for
15		grants to municipalities with more than 35,000 residents
16		and less than 1,000,000 residents.
17		(b) Resources for each of these areas shall be distributed
18		based on a formula to be developed by the Office of Firearm
19		Violence Prevention that will maximize the total potential
20		reduction in firearms victimization for all municipalities
21		receiving grants under this Act.
22		(c) The Office of Firearm Violence Prevention shall create
23		local advisory councils for each of the designated service
24		areas for the purpose of obtaining recommendations on how to
25		distribute funds in these areas to reduce firearm violence
26		incidents. Local advisory councils shall have a minimum of 5

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1		members with the following expertise or experience:
2		(1) a representative of a nonelected official in local
3		government from the designated area;
4		(2) a representative of an elected official at the
5		local or state level for the area;
6		(3) a representative with public health experience in
7		firearm violence prevention or youth development;
8		(4) two residents of the subsection of each area with
9		the most concentrated firearm violence incidents; and
10		(5) additional members as determined by the individual
11		local advisory council.
12		(d) The Office of Firearm Violence Prevention shall
13		provide data to each local council on the characteristics of
14		firearm violence in the designated area and other relevant
15		information on the physical and demographic characteristics of
16		the designated area. The Office of Firearm Violence Prevention
17		shall also provide best available evidence on how to address
18		the social determinants of health in the designated area in
19		order to reduce firearm violence.
20		(e) Each local advisory council shall make recommendations
21		on how to allocate distributed resources for its area based on
22		information provided to them by the Office of Firearm Violence
23		Prevention, local law enforcement data, and other locally
24		available data.
25		(f) The Office of Firearm Violence Prevention shall
26		consider the recommendations and determine how to distribute

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1		funds through grants to community-based organizations and
2		local governments. To the extent the Office of Firearm
3		Violence Prevention does not follow a local advisory council's
4		recommendation on allocation of funds, the Office of Firearm
5		Violence Prevention shall explain in writing why a different
6		allocation of resources is more likely to reduce firearm
7		violence in the designated area.
8		(g) Subject to appropriation, the Department of Human
9		Services and the Office of Firearm Violence Prevention shall
10		issue grants to local governmental agencies or community-based
11		organizations, or both, to maximize firearm violence reduction
12		each year. When possible, initial grants shall be named no
13		later than April 1, 2022 and renewed or competitively bid as
14		appropriate in subsequent fiscal years.
15		(h) Each local advisory council is terminated upon making
16		the recommendations required of it under this Section.
17		(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.)
18		(430 ILCS 69/35-50)
19		Sec. 35-50. Medicaid trauma recovery services for adults.
20		(a) The On or before January 15, 2022, the Department of
21		Healthcare and Family Services shall design, subject to seek
22		approval from the United States Department of Health and Human
23		Services, and subject to federal approval and State
24		appropriations for this purpose, implement a team-based model
25		of care system to address trauma recovery from chronic

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1		exposure to firearm violence for Illinois adults. On or before
2		October 1, 2023, the Department of Healthcare and Family
3		Services shall seek approval from the United States Department
4		of Health and Human Services to ensure the model of care system
5		may include providers such as community mental health centers,
6		behavioral health clinics, hospitals, and others deemed
7		appropriate by the Department of Healthcare and Family
8		Services.
9		(b) The team-based model of care system shall include, at
10		reimburse for a minimum, of the following services:
11		(1) Outreach services that recruit trauma-exposed
12		adults into the system and develop supportive
13		relationships with them based on lived experience in their
14		communities. Outreach services include both services to
15		support impacted individuals and group services that
16		reduce violence between groups that need conflict
17		resolution.
18		(2) Case management and community support services
19		that provide stabilization to individuals recovering from
20		chronic exposure to firearm violence, including group
21		cognitive behavior therapy sessions and other
22		evidence-based interventions that promote behavioral
23		change.
24		(3) Group and individual therapy that addresses
25		underlying mental health conditions associated with
26		post-traumatic stress disorder, depression, anxiety,

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1		substance use disorders, intermittent explosive disorder,
2		oppositional defiant disorder, attention deficit
3		hyperactivity disorder, and other mental conditions as a
4		result of chronic trauma.
5		(4) Services deemed necessary for the effective
6		integration of paragraphs (1), (2), and (3).
7		(c) The Department of Healthcare and Family Services is
8		authorized to ensure that different types of providers
9		delivering violence prevention services under the model of
10		care operated in a manner consistent with evidence-based and
11		evidence-informed practices. The Department of Healthcare and
12		Family Services shall develop a reimbursement methodologies
13		that account for differences among provider types methodology.
14		(d) On or before October 1, 2023, the Department of
15		Healthcare and Family Services and Department of Human
16		Services shall create and execute a joint Background Check
17		Waiver Process, limiting the disqualifying offenses, for Peer
18		Support Workers who provide such services.
19		(Source: P.A. 102-16, eff. 6-17-21.)
20		ARTICLE 95.
21		Section 95-1. Short title. This Article may be cited as
22		the Smart Start Illinois Act. References in this Article to
23		"this Act" mean this Article.

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1		Section 95-5. Findings. The General Assembly makes the
2		following findings:
3		(1) Early childhood education and care is an essential
4		part of our State's economy and infrastructure, providing
5		the backbone that allows for parents and guardians to seek
6		and maintain employment in industries across the State.
7		(2) Further, research shows that participation in
8		quality early childhood education and care supports
9		children's development, serves as a protective factor from
10		trauma, increases school readiness, lowers future health
11		care costs, and increases employment options and earnings.
12		(3) The State of Illinois funds early childhood
13		education programs through the Illinois State Board of
14		Education and the Department of Human Services for
15		families seeking services aimed at improving the early
16		development of children from the prenatal stage to 5 years
17		of age. Similar programs are also licensed by the
18		Department of Children and Family Services.
19		(4) These agencies administer evidence-based
20		home-visiting programs with doula enhancements, Early
21		Intervention services, the Prevention Initiative program,
22		the Preschool for All program, and the Child Care
23		Assistance Program.
24		(5) The cost to provide child care and early learning
25		in the private market in Illinois is more than parents can
26		afford, as it is more expensive in many communities than

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1		the cost of annual tuition and fees at a 4-year
2		postsecondary institution.
3		(6) Child care providers' revenues are insufficient,
4		only allowing child care providers to pay minimum wage.
5		That is less than 98% of all other jobs in the economy.
6		(7) Workforce compensation in other early childhood
7		programs is also not adequate to attract and retain
8		qualified staff. This problem is especially acute for
9		those working with infants and toddlers.
10		(8) Illinois faces an early childhood educator
11		workforce shortage, which stifles and artificially limits
12		the supply of early childhood programs necessary for
13		parents and guardians to go to work and school, thereby
14		stifling economic growth in the State to an estimated cost
15		of $2,400,000,000 annually. This is especially true for
16		mothers, who often decide to stay home due to the
17		exorbitant cost and inaccessibility of care.
18		(9) Illinois also faces a shortage of high-quality
19		early childhood education and care options in communities
20		across the State, limiting access to services for
21		families. The shortage is particularly acute for
22		infant-toddler care, as there is only capacity for 17.4%
23		of the State's infants and toddlers within licensed child
24		care facilities.
25		(10) In recent years, the State of Illinois has
26		expanded access to the Child Care Assistance Program by

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1		raising the income eligibility threshold and making
2		program policies more inclusive and has supported provider
3		sustainability by significantly raising Child Care
4		Assistance Program reimbursement rates. In addition, the
5		State of Illinois has invested over $1,000,000,000 in
6		federal pandemic relief funding in child care service
7		providers to ensure that they could remain open and serve
8		families and children in their communities during the
9		COVID-19 pandemic and beyond, and so that staff could
10		continue to be paid.
11		(11) However, beyond these federal relief funds,
12		current public levers are unable to sustainably address
13		the early childhood educator workforce shortage or the
14		inadequate early childhood education and care supply to
15		meet parent and guardian needs. Child care providers need
16		stable, predictable, and sufficient revenues to pay
17		attractive wages without increasing costs for families.
18		(12) Any investment to address the early childhood
19		educator workforce shortage and to support program quality
20		must be developed and implemented in close partnership
21		with the educators and child care providers who would be
22		directly impacted, as has been done to date via the Child
23		Care Advisory Council, the Illinois Early Learning
24		Council, Raising Illinois, We, the Village, Birth to Five
25		Illinois Action Councils, Illinois Child Care for All,
26		focus groups, and other stakeholder engagement efforts.

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1		(13) Any investment to address the early childhood
2		educator workforce shortage and to support program quality
3		must prioritize fiscal accountability and provider
4		accessibility.
5		(14) Smart Start Illinois is an effort to expand early
6		childhood education and care services statewide with a
7		focus on services aimed at the prenatal stage of
8		development through 5 years of age.
9		(15) Smart Start Illinois aims to eliminate preschool
10		deserts, make quality child care more affordable and
11		accessible, and increase access to evidence-based
12		home-visiting services with doula enhancements and Early
13		Intervention services.
14		Section 95-10. Smart Start Child Care Workforce
15		Compensation Program.
16		(a) The Department of Human Services shall create and
17		establish the Smart Start Child Care Workforce Compensation
18		Program. The purpose of the Smart Start Child Care Workforce
19		Compensation Program is to invest in early childhood education
20		and care service providers, including, but not limited to,
21		providers participating in the Child Care Assistance Program;
22		to expand the supply of high-quality early childhood education
23		and care; and to create a strong and stable early childhood
24		education and care system with attractive wages, high-quality
25		services, and affordable cost.

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1		(b) The purpose of the Smart Start Child Care Workforce
2		Compensation Program is to stabilize community-based early
3		childhood education and care service providers, raise the
4		wages of early childhood educators, and support quality
5		enhancements that can position service providers to
6		participate in other public funding streams, such as Preschool
7		for All, in order to further enhance and expand quality
8		service delivery.
9		(c) Subject to appropriation, the Department of Human
10		Services shall implement the Smart Start Child Care Workforce
11		Compensation Program for eligible licensed day care centers,
12		licensed day care homes, and licensed group day care homes by
13		October 1, 2024, or as soon as practicable, following
14		completion of a planning and transition year. By October 1,
15		2025, or as soon as practicable, and for each year thereafter,
16		subject to appropriation, the Department of Human Services
17		shall continue to operate the Smart Start Child Care Workforce
18		Compensation Program annually with all licensed day care
19		centers and licensed day care homes, and licensed group day
20		care homes that meet eligibility requirements. The Smart Start
21		Child Care Workforce Compensation Program shall operate
22		separately from and shall not supplant the Child Care
23		Assistance Program as provided for in Section 9A-11 of the
24		Illinois Public Aid Code.
25		(d) The Department of Human Services shall adopt
26		administrative rules by October 1, 2024, to facilitate

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1		administration of the Smart Start Child Care Workforce
2		Compensation Program, including, but not limited to,
3		provisions for program eligibility, the application and
4		funding calculation process, eligible expenses, required wage
5		floors, and requirements for financial and personnel reporting
6		and monitoring requirements. Eligibility and funding
7		provisions shall be based on appropriation and a current model
8		of the cost to provide child care services by a licensed child
9		care center or licensed family child care home.
10		Section 95-15. Stakeholder involvement in program
11		development and implementation. The Child Care Advisory
12		Council, or a committee of the Council, with representation
13		from Raising Illinois, We, the Village, Birth to Five Illinois
14		Action Councils, and Illinois Child Care for All, shall
15		convene prior to July 1, 2023, and at least quarterly
16		thereafter through June 30, 2025, to inform the development
17		and implementation of the Smart Start Child Care Workforce
18		Compensation Program.
19		Section 95-900. The Illinois Public Aid Code is amended by
20		changing Section 9A-11 as follows:
21		(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
22		Sec. 9A-11. Child care.
23		(a) The General Assembly recognizes that families with

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1		children need child care in order to work. Child care is
2		expensive and families with limited access to economic
3		resources low incomes, including those who are transitioning
4		from welfare to work, often struggle to pay the costs of day
5		care. The General Assembly understands the importance of
6		helping low-income working families with limited access to
7		economic resources become and remain self-sufficient. The
8		General Assembly also believes that it is the responsibility
9		of families to share in the costs of child care. It is also the
10		preference of the General Assembly that all working poor
11		families with limited access to economic resources should be
12		treated equally, regardless of their welfare status.
13		(b) To the extent resources permit, the Illinois
14		Department shall provide child care services to parents or
15		other relatives as defined by rule who are working or
16		participating in employment or Department approved education
17		or training programs. At a minimum, the Illinois Department
18		shall cover the following categories of families:
19		(1) recipients of TANF under Article IV participating
20		in work and training activities as specified in the
21		personal plan for employment and self-sufficiency;
22		(2) families transitioning from TANF to work;
23		(3) families at risk of becoming recipients of TANF;
24		(4) families with special needs as defined by rule;
25		(5) working families with very low incomes as defined
26		by rule;

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1		(6) families that are not recipients of TANF and that
2		need child care assistance to participate in education and
3		training activities;
4		(7) youth in care, as defined in Section 4d of the
5		Children and Family Services Act, who are parents,
6		regardless of income or whether they are working or
7		participating in Department-approved employment or
8		education or training programs. Any family that receives
9		child care assistance in accordance with this paragraph
10		shall receive one additional 12-month child care
11		eligibility period after the parenting youth in care's
12		case with the Department of Children and Family Services
13		is closed, regardless of income or whether the parenting
14		youth in care is working or participating in
15		Department-approved employment or education or training
16		programs;
17		(8) families receiving Extended Family Support Program
18		services from the Department of Children and Family
19		Services, regardless of income or whether they are working
20		or participating in Department-approved employment or
21		education or training programs; and
22		(9) families with children under the age of 5 who have
23		an open intact family services case with the Department of
24		Children and Family Services. Any family that receives
25		child care assistance in accordance with this paragraph
26		shall remain eligible for child care assistance 6 months

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1		after the child's intact family services case is closed,
2		regardless of whether the child's parents or other
3		relatives as defined by rule are working or participating
4		in Department approved employment or education or training
5		programs. The Department of Human Services, in
6		consultation with the Department of Children and Family
7		Services, shall adopt rules to protect the privacy of
8		families who are the subject of an open intact family
9		services case when such families enroll in child care
10		services. Additional rules shall be adopted to offer
11		children who have an open intact family services case the
12		opportunity to receive an Early Intervention screening and
13		other services that their families may be eligible for as
14		provided by the Department of Human Services.
15		Beginning October 1, 2023, and every October 1 thereafter,
16		the Department of Children and Family Services shall report to
17		the General Assembly on the number of children who received
18		child care via vouchers paid for by the Department of Children
19		and Family Services during the preceding fiscal year. The
20		report shall include the ages of children who received child
21		care, the type of child care they received, and the number of
22		months they received child care.
23		The Department shall specify by rule the conditions of
24		eligibility, the application process, and the types, amounts,
25		and duration of services. Eligibility for child care benefits
26		and the amount of child care provided may vary based on family

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1		size, income, and other factors as specified by rule.
2		The Department shall update the Child Care Assistance
3		Program Eligibility Calculator posted on its website to
4		include a question on whether a family is applying for child
5		care assistance for the first time or is applying for a
6		redetermination of eligibility.
7		A family's eligibility for child care services shall be
8		redetermined no sooner than 12 months following the initial
9		determination or most recent redetermination. During the
10		12-month periods, the family shall remain eligible for child
11		care services regardless of (i) a change in family income,
12		unless family income exceeds 85% of State median income, or
13		(ii) a temporary change in the ongoing status of the parents or
14		other relatives, as defined by rule, as working or attending a
15		job training or educational program.
16		In determining income eligibility for child care benefits,
17		the Department annually, at the beginning of each fiscal year,
18		shall establish, by rule, one income threshold for each family
19		size, in relation to percentage of State median income for a
20		family of that size, that makes families with incomes below
21		the specified threshold eligible for assistance and families
22		with incomes above the specified threshold ineligible for
23		assistance. Through and including fiscal year 2007, the
24		specified threshold must be no less than 50% of the
25		then-current State median income for each family size.
26		Beginning in fiscal year 2008, the specified threshold must be

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1		no less than 185% of the then-current federal poverty level
2		for each family size. Notwithstanding any other provision of
3		law or administrative rule to the contrary, beginning in
4		fiscal year 2019, the specified threshold for working families
5		with very low incomes as defined by rule must be no less than
6		185% of the then-current federal poverty level for each family
7		size. Notwithstanding any other provision of law or
8		administrative rule to the contrary, beginning in State fiscal
9		year 2022 through State fiscal year 2023, the specified income
10		threshold shall be no less than 200% of the then-current
11		federal poverty level for each family size. Beginning in State
12		fiscal year 2024, the specified income threshold shall be no
13		less than 225% of the then-current federal poverty level for
14		each family size.
15		In determining eligibility for assistance, the Department
16		shall not give preference to any category of recipients or
17		give preference to individuals based on their receipt of
18		benefits under this Code.
19		Nothing in this Section shall be construed as conferring
20		entitlement status to eligible families.
21		The Illinois Department is authorized to lower income
22		eligibility ceilings, raise parent co-payments, create waiting
23		lists, or take such other actions during a fiscal year as are
24		necessary to ensure that child care benefits paid under this
25		Article do not exceed the amounts appropriated for those child
26		care benefits. These changes may be accomplished by emergency

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1		rule under Section 5-45 of the Illinois Administrative
2		Procedure Act, except that the limitation on the number of
3		emergency rules that may be adopted in a 24-month period shall
4		not apply.
5		The Illinois Department may contract with other State
6		agencies or child care organizations for the administration of
7		child care services.
8		(c) Payment shall be made for child care that otherwise
9		meets the requirements of this Section and applicable
10		standards of State and local law and regulation, including any
11		requirements the Illinois Department promulgates by rule in
12		addition to the licensure requirements promulgated by the
13		Department of Children and Family Services and Fire Prevention
14		and Safety requirements promulgated by the Office of the State
15		Fire Marshal, and is provided in any of the following:
16		(1) a child care center which is licensed or exempt
17		from licensure pursuant to Section 2.09 of the Child Care
18		Act of 1969;
19		(2) a licensed child care home or home exempt from
20		licensing;
21		(3) a licensed group child care home;
22		(4) other types of child care, including child care
23		provided by relatives or persons living in the same home
24		as the child, as determined by the Illinois Department by
25		rule.
26		(c-5) Solely for the purposes of coverage under the

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1		Illinois Public Labor Relations Act, child and day care home
2		providers, including licensed and license exempt,
3		participating in the Department's child care assistance
4		program shall be considered to be public employees and the
5		State of Illinois shall be considered to be their employer as
6		of January 1, 2006 (the effective date of Public Act 94-320),
7		but not before. The State shall engage in collective
8		bargaining with an exclusive representative of child and day
9		care home providers participating in the child care assistance
10		program concerning their terms and conditions of employment
11		that are within the State's control. Nothing in this
12		subsection shall be understood to limit the right of families
13		receiving services defined in this Section to select child and
14		day care home providers or supervise them within the limits of
15		this Section. The State shall not be considered to be the
16		employer of child and day care home providers for any purposes
17		not specifically provided in Public Act 94-320, including, but
18		not limited to, purposes of vicarious liability in tort and
19		purposes of statutory retirement or health insurance benefits.
20		Child and day care home providers shall not be covered by the
21		State Employees Group Insurance Act of 1971.
22		In according child and day care home providers and their
23		selected representative rights under the Illinois Public Labor
24		Relations Act, the State intends that the State action
25		exemption to application of federal and State antitrust laws
26		be fully available to the extent that their activities are

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1		authorized by Public Act 94-320.
2		(d) The Illinois Department shall establish, by rule, a
3		co-payment scale that provides for cost sharing by families
4		that receive child care services, including parents whose only
5		income is from assistance under this Code. The co-payment
6		shall be based on family income and family size and may be
7		based on other factors as appropriate. Co-payments may be
8		waived for families whose incomes are at or below the federal
9		poverty level.
10		(d-5) The Illinois Department, in consultation with its
11		Child Care and Development Advisory Council, shall develop a
12		plan to revise the child care assistance program's co-payment
13		scale. The plan shall be completed no later than February 1,
14		2008, and shall include:
15		(1) findings as to the percentage of income that the
16		average American family spends on child care and the
17		relative amounts that low-income families and the average
18		American family spend on other necessities of life;
19		(2) recommendations for revising the child care
20		co-payment scale to assure that families receiving child
21		care services from the Department are paying no more than
22		they can reasonably afford;
23		(3) recommendations for revising the child care
24		co-payment scale to provide at-risk children with complete
25		access to Preschool for All and Head Start; and
26		(4) recommendations for changes in child care program

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1		policies that affect the affordability of child care.
2		(e) (Blank).
3		(f) The Illinois Department shall, by rule, set rates to
4		be paid for the various types of child care. Child care may be
5		provided through one of the following methods:
6		(1) arranging the child care through eligible
7		providers by use of purchase of service contracts or
8		vouchers;
9		(2) arranging with other agencies and community
10		volunteer groups for non-reimbursed child care;
11		(3) (blank); or
12		(4) adopting such other arrangements as the Department
13		determines appropriate.
14		(f-1) Within 30 days after June 4, 2018 (the effective
15		date of Public Act 100-587), the Department of Human Services
16		shall establish rates for child care providers that are no
17		less than the rates in effect on January 1, 2018 increased by
18		4.26%.
19		(f-5) (Blank).
20		(g) Families eligible for assistance under this Section
21		shall be given the following options:
22		(1) receiving a child care certificate issued by the
23		Department or a subcontractor of the Department that may
24		be used by the parents as payment for child care and
25		development services only; or
26		(2) if space is available, enrolling the child with a

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1		child care provider that has a purchase of service
2		contract with the Department or a subcontractor of the
3		Department for the provision of child care and development
4		services. The Department may identify particular priority
5		populations for whom they may request special
6		consideration by a provider with purchase of service
7		contracts, provided that the providers shall be permitted
8		to maintain a balance of clients in terms of household
9		incomes and families and children with special needs, as
10		defined by rule.
11		(Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21;
12		102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff.
13		5-27-22.)
14		ARTICLE 97.
15		Section 97-5. The Business Corporation Act of 1983 is
16		amended by changing Section 15.35 as follows:
17		(805 ILCS 5/15.35) (from Ch. 32, par. 15.35)
18		(Text of Section from P.A. 102-16)
19		Sec. 15.35. Franchise taxes payable by domestic
20		corporations. For the privilege of exercising its franchises
21		in this State, each domestic corporation shall pay to the
22		Secretary of State the following franchise taxes, computed on
23		the basis, at the rates and for the periods prescribed in this

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1		Act:
2		(a) An initial franchise tax at the time of filing its
3		first report of issuance of shares.
4		(b) An additional franchise tax at the time of filing
5		(1) a report of the issuance of additional shares, or (2) a
6		report of an increase in paid-in capital without the
7		issuance of shares, or (3) an amendment to the articles of
8		incorporation or a report of cumulative changes in paid-in
9		capital, whenever any amendment or such report discloses
10		an increase in its paid-in capital over the amount thereof
11		last reported in any document, other than an annual
12		report, interim annual report or final transition annual
13		report required by this Act to be filed in the office of
14		the Secretary of State.
15		(c) An additional franchise tax at the time of filing
16		a report of paid-in capital following a statutory merger
17		or consolidation, which discloses that the paid-in capital
18		of the surviving or new corporation immediately after the
19		merger or consolidation is greater than the sum of the
20		paid-in capital of all of the merged or consolidated
21		corporations as last reported by them in any documents,
22		other than annual reports, required by this Act to be
23		filed in the office of the Secretary of State; and in
24		addition, the surviving or new corporation shall be liable
25		for a further additional franchise tax on the paid-in
26		capital of each of the merged or consolidated corporations

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1		as last reported by them in any document, other than an
2		annual report, required by this Act to be filed with the
3		Secretary of State from their taxable year end to the next
4		succeeding anniversary month or, in the case of a
5		corporation which has established an extended filing
6		month, the extended filing month of the surviving or new
7		corporation; however if the taxable year ends within the
8		2-month period immediately preceding the anniversary month
9		or, in the case of a corporation which has established an
10		extended filing month, the extended filing month of the
11		surviving or new corporation the tax will be computed to
12		the anniversary month or, in the case of a corporation
13		which has established an extended filing month, the
14		extended filing month of the surviving or new corporation
15		in the next succeeding calendar year.
16		(d) An annual franchise tax payable each year with the
17		annual report which the corporation is required by this
18		Act to file.
19		On or after January 1, 2020 and prior to January 1, 2021,
20		the first $30 in liability is exempt from the tax imposed under
21		this Section. On or after January 1, 2021, and prior to January
22		1, 2024, the first $1,000 in liability is exempt from the tax
23		imposed under this Section. On or after January 1, 2024, the
24		first $5,000 in liability is exempt from the tax imposed under
25		this Section.
26		(Source: P.A. 101-9, eff. 6-5-19; 102-16, eff. 6-17-21.)

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1		(Text of Section from P.A. 102-282)
2		Sec. 15.35. Franchise taxes payable by domestic
3		corporations. For the privilege of exercising its franchises
4		in this State, each domestic corporation shall pay to the
5		Secretary of State the following franchise taxes, computed on
6		the basis, at the rates and for the periods prescribed in this
7		Act:
8		(a) An initial franchise tax at the time of filing its
9		first report of issuance of shares.
10		(b) An additional franchise tax at the time of filing
11		(1) a report of the issuance of additional shares, or (2) a
12		report of an increase in paid-in capital without the
13		issuance of shares, or (3) an amendment to the articles of
14		incorporation or a report of cumulative changes in paid-in
15		capital, whenever any amendment or such report discloses
16		an increase in its paid-in capital over the amount thereof
17		last reported in any document, other than an annual
18		report, interim annual report or final transition annual
19		report required by this Act to be filed in the office of
20		the Secretary of State.
21		(c) An additional franchise tax at the time of filing
22		a report of paid-in capital following a statutory merger
23		or consolidation, which discloses that the paid-in capital
24		of the surviving or new corporation immediately after the
25		merger or consolidation is greater than the sum of the

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1		paid-in capital of all of the merged or consolidated
2		corporations as last reported by them in any documents,
3		other than annual reports, required by this Act to be
4		filed in the office of the Secretary of State; and in
5		addition, the surviving or new corporation shall be liable
6		for a further additional franchise tax on the paid-in
7		capital of each of the merged or consolidated corporations
8		as last reported by them in any document, other than an
9		annual report, required by this Act to be filed with the
10		Secretary of State from their taxable year end to the next
11		succeeding anniversary month or, in the case of a
12		corporation which has established an extended filing
13		month, the extended filing month of the surviving or new
14		corporation; however if the taxable year ends within the
15		2-month period immediately preceding the anniversary month
16		or, in the case of a corporation which has established an
17		extended filing month, the extended filing month of the
18		surviving or new corporation the tax will be computed to
19		the anniversary month or, in the case of a corporation
20		which has established an extended filing month, the
21		extended filing month of the surviving or new corporation
22		in the next succeeding calendar year.
23		(d) An annual franchise tax payable each year with the
24		annual report which the corporation is required by this
25		Act to file.
26		On or after January 1, 2020 and prior to January 1, 2021,

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1		the first $30 in liability is exempt from the tax imposed under
2		this Section. On or after January 1, 2021 and prior to January
3		1, 2024 2022, the first $1,000 in liability is exempt from the
4		tax imposed under this Section. On or after January 1, 2024,
5		the first $5,000 in liability is exempt from the tax imposed
6		under this Section. On or after January 1, 2022 and prior to
7		January 1, 2023, the first $10,000 in liability is exempt from
8		the tax imposed under this Section. On or after January 1, 2023
9		and prior to January 1, 2024, the first $100,000 in liability
10		is exempt from the tax imposed under this Section. The
11		provisions of this Section shall not require the payment of
12		any franchise tax that would otherwise have been due and
13		payable on or after January 1, 2024. There shall be no refunds
14		or proration of franchise tax for any taxes due and payable on
15		or after January 1, 2024 on the basis that a portion of the
16		corporation's taxable year extends beyond January 1, 2024.
17		Public Act 101-9 shall not affect any right accrued or
18		established, or any liability or penalty incurred prior to
19		January 1, 2024.
20		This Section is repealed on December 31, 2024.
21		(Source: P.A. 101-9, eff. 6-5-19; 102-282, eff. 1-1-22.)
22		(Text of Section from P.A. 102-558)
23		Sec. 15.35. Franchise taxes payable by domestic
24		corporations. For the privilege of exercising its franchises
25		in this State, each domestic corporation shall pay to the

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1		Secretary of State the following franchise taxes, computed on
2		the basis, at the rates and for the periods prescribed in this
3		Act:
4		(a) An initial franchise tax at the time of filing its
5		first report of issuance of shares.
6		(b) An additional franchise tax at the time of filing
7		(1) a report of the issuance of additional shares, or (2) a
8		report of an increase in paid-in capital without the
9		issuance of shares, or (3) an amendment to the articles of
10		incorporation or a report of cumulative changes in paid-in
11		capital, whenever any amendment or such report discloses
12		an increase in its paid-in capital over the amount thereof
13		last reported in any document, other than an annual
14		report, interim annual report or final transition annual
15		report required by this Act to be filed in the office of
16		the Secretary of State.
17		(c) An additional franchise tax at the time of filing
18		a report of paid-in capital following a statutory merger
19		or consolidation, which discloses that the paid-in capital
20		of the surviving or new corporation immediately after the
21		merger or consolidation is greater than the sum of the
22		paid-in capital of all of the merged or consolidated
23		corporations as last reported by them in any documents,
24		other than annual reports, required by this Act to be
25		filed in the office of the Secretary of State; and in
26		addition, the surviving or new corporation shall be liable

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1		for a further additional franchise tax on the paid-in
2		capital of each of the merged or consolidated corporations
3		as last reported by them in any document, other than an
4		annual report, required by this Act to be filed with the
5		Secretary of State from their taxable year end to the next
6		succeeding anniversary month or, in the case of a
7		corporation which has established an extended filing
8		month, the extended filing month of the surviving or new
9		corporation; however if the taxable year ends within the
10		2-month period immediately preceding the anniversary month
11		or, in the case of a corporation which has established an
12		extended filing month, the extended filing month of the
13		surviving or new corporation the tax will be computed to
14		the anniversary month or, in the case of a corporation
15		which has established an extended filing month, the
16		extended filing month of the surviving or new corporation
17		in the next succeeding calendar year.
18		(d) An annual franchise tax payable each year with the
19		annual report which the corporation is required by this
20		Act to file.
21		On or after January 1, 2020 and prior to January 1, 2021,
22		the first $30 in liability is exempt from the tax imposed under
23		this Section. On or after January 1, 2021 and prior to January
24		1, 2024 2022, the first $1,000 in liability is exempt from the
25		tax imposed under this Section. On or after January 1, 2024,
26		the first $5,000 in liability is exempt from the tax imposed

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1		under this Section. On or after January 1, 2022 and prior to
2		January 1, 2023, the first $10,000 in liability is exempt from
3		the tax imposed under this Section. On or after January 1, 2023
4		and prior to January 1, 2024, the first $100,000 in liability
5		is exempt from the tax imposed under this Section. The
6		provisions of this Section shall not require the payment of
7		any franchise tax that would otherwise have been due and
8		payable on or after January 1, 2024. There shall be no refunds
9		or proration of franchise tax for any taxes due and payable on
10		or after January 1, 2024 on the basis that a portion of the
11		corporation's taxable year extends beyond January 1, 2024.
12		Public Act 101-9 shall not affect any right accrued or
13		established, or any liability or penalty incurred prior to
14		January 1, 2024.
15		This Section is repealed on December 31, 2025.
16		(Source: P.A. 101-9, eff. 6-5-19; 102-558, eff. 8-20-21.)
17		Article 98.
18		Section 98-5. The Illinois Vehicle Code is amended by
19		changing Sections 2-119, 2-123, 3-821, and 6-118 as follows:
20		(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
21		Sec. 2-119. Disposition of fees and taxes.
22		(a) All moneys received from Salvage Certificates shall be
23		deposited in the Common School Fund in the State Treasury.

HB3817 Enrolled - 635 - LRB103 30519 DTM 56952 b
1		(b) Of the money collected for each certificate of title,
2		duplicate certificate of title, and corrected certificate of
3		title:
4		(1) $2.60 shall be deposited in the Park and
5		Conservation Fund;
6		(2) $0.65 shall be deposited in the Illinois Fisheries
7		Management Fund;
8		(3) $48 shall be disbursed under subsection (g) of
9		this Section;
10		(4) $4 shall be deposited into the Motor Vehicle
11		License Plate Fund; and
12		(5) $30 shall be deposited into the Capital Projects
13		Fund; and .
14		(6) $10 shall be deposited into the Secretary of State
15		Special Services Fund.
16		All remaining moneys collected for certificates of title,
17		and all moneys collected for filing of security interests,
18		shall be deposited in the General Revenue Fund.
19		The $20 collected for each delinquent vehicle registration
20		renewal fee shall be deposited into the General Revenue Fund.
21		The moneys deposited in the Park and Conservation Fund
22		under this Section shall be used for the acquisition and
23		development of bike paths as provided for in Section 805-420
24		of the Department of Natural Resources (Conservation) Law of
25		the Civil Administrative Code of Illinois. The moneys
26		deposited into the Park and Conservation Fund under this

HB3817 Enrolled - 636 - LRB103 30519 DTM 56952 b
1		subsection shall not be subject to administrative charges or
2		chargebacks, unless otherwise authorized by this Code.
3		If the balance in the Motor Vehicle License Plate Fund
4		exceeds $40,000,000 on the last day of a calendar month, then
5		during the next calendar month, the $4 that otherwise would be
6		deposited in that fund shall instead be deposited into the
7		Road Fund.
8		(c) All moneys collected for that portion of a driver's
9		license fee designated for driver education under Section
10		6-118 shall be placed in the Drivers Education Fund in the
11		State Treasury.
12		(d) Of the moneys collected as a registration fee for each
13		motorcycle, motor driven cycle, and moped, 27% shall be
14		deposited in the Cycle Rider Safety Training Fund.
15		(e) (Blank).
16		(f) Of the total money collected for a commercial
17		learner's permit (CLP) or original or renewal issuance of a
18		commercial driver's license (CDL) pursuant to the Uniform
19		Commercial Driver's License Act (UCDLA): (i) $6 of the total
20		fee for an original or renewal CDL, and $6 of the total CLP fee
21		when such permit is issued to any person holding a valid
22		Illinois driver's license, shall be paid into the
23		CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License
24		Information System/American Association of Motor Vehicle
25		Administrators network/National Motor Vehicle Title
26		Information Service Trust Fund) and shall be used for the

HB3817 Enrolled - 637 - LRB103 30519 DTM 56952 b
1		purposes provided in Section 6z-23 of the State Finance Act
2		and (ii) $20 of the total fee for an original or renewal CDL or
3		CLP shall be paid into the Motor Carrier Safety Inspection
4		Fund, which is hereby created as a special fund in the State
5		Treasury, to be used by the Illinois State Police, subject to
6		appropriation, to hire additional officers to conduct motor
7		carrier safety inspections pursuant to Chapter 18b of this
8		Code.
9		(g) Of the moneys received by the Secretary of State as
10		registration fees or taxes, certificates of title, duplicate
11		certificates of title, corrected certificates of title, or as
12		payment of any other fee under this Code, when those moneys are
13		not otherwise distributed by this Code, 37% shall be deposited
14		into the State Construction Account Fund, and 63% shall be
15		deposited in the Road Fund. Moneys in the Road Fund shall be
16		used for the purposes provided in Section 8.3 of the State
17		Finance Act.
18		(h) (Blank).
19		(i) (Blank).
20		(j) (Blank).
21		(k) There is created in the State Treasury a special fund
22		to be known as the Secretary of State Special License Plate
23		Fund. Money deposited into the Fund shall, subject to
24		appropriation, be used by the Office of the Secretary of State
25		(i) to help defray plate manufacturing and plate processing
26		costs for the issuance and, when applicable, renewal of any

HB3817 Enrolled - 638 - LRB103 30519 DTM 56952 b
1		new or existing registration plates authorized under this Code
2		and (ii) for grants made by the Secretary of State to benefit
3		Illinois Veterans Home libraries.
4		(l) The Motor Vehicle Review Board Fund is created as a
5		special fund in the State Treasury. Moneys deposited into the
6		Fund under paragraph (7) of subsection (b) of Section 5-101
7		and Section 5-109 shall, subject to appropriation, be used by
8		the Office of the Secretary of State to administer the Motor
9		Vehicle Review Board, including without limitation payment of
10		compensation and all necessary expenses incurred in
11		administering the Motor Vehicle Review Board under the Motor
12		Vehicle Franchise Act.
13		(m) Effective July 1, 1996, there is created in the State
14		Treasury a special fund to be known as the Family
15		Responsibility Fund. Moneys deposited into the Fund shall,
16		subject to appropriation, be used by the Office of the
17		Secretary of State for the purpose of enforcing the Family
18		Financial Responsibility Law.
19		(n) The Illinois Fire Fighters' Memorial Fund is created
20		as a special fund in the State Treasury. Moneys deposited into
21		the Fund shall, subject to appropriation, be used by the
22		Office of the State Fire Marshal for construction of the
23		Illinois Fire Fighters' Memorial to be located at the State
24		Capitol grounds in Springfield, Illinois. Upon the completion
25		of the Memorial, moneys in the Fund shall be used in accordance
26		with Section 3-634.

HB3817 Enrolled - 639 - LRB103 30519 DTM 56952 b
1		(o) Of the money collected for each certificate of title
2		for all-terrain vehicles and off-highway motorcycles, $17
3		shall be deposited into the Off-Highway Vehicle Trails Fund.
4		(p) For audits conducted on or after July 1, 2003 pursuant
5		to Section 2-124(d) of this Code, 50% of the money collected as
6		audit fees shall be deposited into the General Revenue Fund.
7		(q) Beginning July 1, 2023, the additional fees imposed by
8		this amendatory Act of the 103rd General Assembly in Sections
9		2-123, 3-821, and 6-118 shall be deposited into the Secretary
10		of State Special Services Fund.
11		(Source: P.A. 102-538, eff. 8-20-21.)
12		(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
13		(Text of Section before amendment by P.A. 102-982)
14		Sec. 2-123. Sale and distribution of information.
15		(a) Except as otherwise provided in this Section, the
16		Secretary may make the driver's license, vehicle and title
17		registration lists, in part or in whole, and any statistical
18		information derived from these lists available to local
19		governments, elected state officials, state educational
20		institutions, and all other governmental units of the State
21		and Federal Government requesting them for governmental
22		purposes. The Secretary shall require any such applicant for
23		services to pay for the costs of furnishing such services and
24		the use of the equipment involved, and in addition is
25		empowered to establish prices and charges for the services so

HB3817 Enrolled - 640 - LRB103 30519 DTM 56952 b
1		furnished and for the use of the electronic equipment
2		utilized.
3		(b) The Secretary is further empowered to and he may, in
4		his discretion, furnish to any applicant, other than listed in
5		subsection (a) of this Section, vehicle or driver data on a
6		computer tape, disk, other electronic format or computer
7		processable medium, or printout at a fixed fee of $500 $250 for
8		orders received before October 1, 2003 and $500 for orders
9		received on or after October 1, 2003, in advance, and require
10		in addition a further sufficient deposit based upon the
11		Secretary of State's estimate of the total cost of the
12		information requested and a charge of $50 $25 for orders
13		received before October 1, 2003 and $50 for orders received on
14		or after October 1, 2003, per 1,000 units or part thereof
15		identified or the actual cost, whichever is greater. The
16		Secretary is authorized to refund any difference between the
17		additional deposit and the actual cost of the request. This
18		service shall not be in lieu of an abstract of a driver's
19		record nor of a title or registration search. This service may
20		be limited to entities purchasing a minimum number of records
21		as required by administrative rule. The information sold
22		pursuant to this subsection shall be the entire vehicle or
23		driver data list, or part thereof. The information sold
24		pursuant to this subsection shall not contain personally
25		identifying information unless the information is to be used
26		for one of the purposes identified in subsection (f-5) of this

HB3817 Enrolled - 641 - LRB103 30519 DTM 56952 b
1		Section. Commercial purchasers of driver and vehicle record
2		databases shall enter into a written agreement with the
3		Secretary of State that includes disclosure of the commercial
4		use of the information to be purchased.
5		(b-1) The Secretary is further empowered to and may, in
6		his or her discretion, furnish vehicle or driver data on a
7		computer tape, disk, or other electronic format or computer
8		processible medium, at no fee, to any State or local
9		governmental agency that uses the information provided by the
10		Secretary to transmit data back to the Secretary that enables
11		the Secretary to maintain accurate driving records, including
12		dispositions of traffic cases. This information may be
13		provided without fee not more often than once every 6 months.
14		(c) Secretary of State may issue registration lists. The
15		Secretary of State may compile a list of all registered
16		vehicles. Each list of registered vehicles shall be arranged
17		serially according to the registration numbers assigned to
18		registered vehicles and may contain in addition the names and
19		addresses of registered owners and a brief description of each
20		vehicle including the serial or other identifying number
21		thereof. Such compilation may be in such form as in the
22		discretion of the Secretary of State may seem best for the
23		purposes intended.
24		(d) The Secretary of State shall furnish no more than 2
25		current available lists of such registrations to the sheriffs
26		of all counties and to the chiefs of police of all cities and

HB3817 Enrolled - 642 - LRB103 30519 DTM 56952 b
1		villages and towns of 2,000 population and over in this State
2		at no cost. Additional copies may be purchased by the sheriffs
3		or chiefs of police at the fee of $500 each or at the cost of
4		producing the list as determined by the Secretary of State.
5		Such lists are to be used for governmental purposes only.
6		(e) (Blank).
7		(e-1) (Blank).
8		(f) The Secretary of State shall make a title or
9		registration search of the records of his office and a written
10		report on the same for any person, upon written application of
11		such person, accompanied by a fee of $5 for each registration
12		or title search. The written application shall set forth the
13		intended use of the requested information. No fee shall be
14		charged for a title or registration search, or for the
15		certification thereof requested by a government agency. The
16		report of the title or registration search shall not contain
17		personally identifying information unless the request for a
18		search was made for one of the purposes identified in
19		subsection (f-5) of this Section. The report of the title or
20		registration search shall not contain highly restricted
21		personal information unless specifically authorized by this
22		Code.
23		The Secretary of State shall certify a title or
24		registration record upon written request. The fee for
25		certification shall be $5 in addition to the fee required for a
26		title or registration search. Certification shall be made

HB3817 Enrolled - 643 - LRB103 30519 DTM 56952 b
1		under the signature of the Secretary of State and shall be
2		authenticated by Seal of the Secretary of State.
3		The Secretary of State may notify the vehicle owner or
4		registrant of the request for purchase of his title or
5		registration information as the Secretary deems appropriate.
6		No information shall be released to the requester until
7		expiration of a 10-day period. This 10-day period shall not
8		apply to requests for information made by law enforcement
9		officials, government agencies, financial institutions,
10		attorneys, insurers, employers, automobile associated
11		businesses, persons licensed as a private detective or firms
12		licensed as a private detective agency under the Private
13		Detective, Private Alarm, Private Security, Fingerprint
14		Vendor, and Locksmith Act of 2004, who are employed by or are
15		acting on behalf of law enforcement officials, government
16		agencies, financial institutions, attorneys, insurers,
17		employers, automobile associated businesses, and other
18		business entities for purposes consistent with the Illinois
19		Vehicle Code, the vehicle owner or registrant or other
20		entities as the Secretary may exempt by rule and regulation.
21		Any misrepresentation made by a requester of title or
22		vehicle information shall be punishable as a petty offense,
23		except in the case of persons licensed as a private detective
24		or firms licensed as a private detective agency which shall be
25		subject to disciplinary sanctions under Section 40-10 of the
26		Private Detective, Private Alarm, Private Security,

HB3817 Enrolled - 644 - LRB103 30519 DTM 56952 b
1		Fingerprint Vendor, and Locksmith Act of 2004.
2		(f-5) The Secretary of State shall not disclose or
3		otherwise make available to any person or entity any
4		personally identifying information obtained by the Secretary
5		of State in connection with a driver's license, vehicle, or
6		title registration record unless the information is disclosed
7		for one of the following purposes:
8		(1) For use by any government agency, including any
9		court or law enforcement agency, in carrying out its
10		functions, or any private person or entity acting on
11		behalf of a federal, State, or local agency in carrying
12		out its functions.
13		(2) For use in connection with matters of motor
14		vehicle or driver safety and theft; motor vehicle
15		emissions; motor vehicle product alterations, recalls, or
16		advisories; performance monitoring of motor vehicles,
17		motor vehicle parts, and dealers; and removal of non-owner
18		records from the original owner records of motor vehicle
19		manufacturers.
20		(3) For use in the normal course of business by a
21		legitimate business or its agents, employees, or
22		contractors, but only:
23		(A) to verify the accuracy of personal information
24		submitted by an individual to the business or its
25		agents, employees, or contractors; and
26		(B) if such information as so submitted is not

HB3817 Enrolled - 645 - LRB103 30519 DTM 56952 b
1		correct or is no longer correct, to obtain the correct
2		information, but only for the purposes of preventing
3		fraud by, pursuing legal remedies against, or
4		recovering on a debt or security interest against, the
5		individual.
6		(4) For use in research activities and for use in
7		producing statistical reports, if the personally
8		identifying information is not published, redisclosed, or
9		used to contact individuals.
10		(5) For use in connection with any civil, criminal,
11		administrative, or arbitral proceeding in any federal,
12		State, or local court or agency or before any
13		self-regulatory body, including the service of process,
14		investigation in anticipation of litigation, and the
15		execution or enforcement of judgments and orders, or
16		pursuant to an order of a federal, State, or local court.
17		(6) For use by any insurer or insurance support
18		organization or by a self-insured entity or its agents,
19		employees, or contractors in connection with claims
20		investigation activities, antifraud activities, rating, or
21		underwriting.
22		(7) For use in providing notice to the owners of towed
23		or impounded vehicles.
24		(8) For use by any person licensed as a private
25		detective or firm licensed as a private detective agency
26		under the Private Detective, Private Alarm, Private

HB3817 Enrolled - 646 - LRB103 30519 DTM 56952 b
1		Security, Fingerprint Vendor, and Locksmith Act of 2004,
2		private investigative agency or security service licensed
3		in Illinois for any purpose permitted under this
4		subsection.
5		(9) For use by an employer or its agent or insurer to
6		obtain or verify information relating to a holder of a
7		commercial driver's license that is required under chapter
8		313 of title 49 of the United States Code.
9		(10) For use in connection with the operation of
10		private toll transportation facilities.
11		(11) For use by any requester, if the requester
12		demonstrates it has obtained the written consent of the
13		individual to whom the information pertains.
14		(12) For use by members of the news media, as defined
15		in Section 1-148.5, for the purpose of newsgathering when
16		the request relates to the operation of a motor vehicle or
17		public safety.
18		(13) For any other use specifically authorized by law,
19		if that use is related to the operation of a motor vehicle
20		or public safety.
21		(f-6) The Secretary of State shall not disclose or
22		otherwise make available to any person or entity any highly
23		restricted personal information obtained by the Secretary of
24		State in connection with a driver's license, vehicle, or title
25		registration record unless specifically authorized by this
26		Code.

HB3817 Enrolled - 647 - LRB103 30519 DTM 56952 b
1		(g) 1. The Secretary of State may, upon receipt of a
2		written request and a fee as set forth in Section 6-118,
3		furnish to the person or agency so requesting a driver's
4		record or data contained therein. Such document may include a
5		record of: current driver's license issuance information,
6		except that the information on judicial driving permits shall
7		be available only as otherwise provided by this Code;
8		convictions; orders entered revoking, suspending or cancelling
9		a driver's license or privilege; and notations of accident
10		involvement. All other information, unless otherwise permitted
11		by this Code, shall remain confidential. Information released
12		pursuant to a request for a driver's record shall not contain
13		personally identifying information, unless the request for the
14		driver's record was made for one of the purposes set forth in
15		subsection (f-5) of this Section. The Secretary of State may,
16		without fee, allow a parent or guardian of a person under the
17		age of 18 years, who holds an instruction permit or graduated
18		driver's license, to view that person's driving record online,
19		through a computer connection. The parent or guardian's online
20		access to the driving record will terminate when the
21		instruction permit or graduated driver's license holder
22		reaches the age of 18.
23		2. The Secretary of State shall not disclose or otherwise
24		make available to any person or entity any highly restricted
25		personal information obtained by the Secretary of State in
26		connection with a driver's license, vehicle, or title

HB3817 Enrolled - 648 - LRB103 30519 DTM 56952 b
1		registration record unless specifically authorized by this
2		Code. The Secretary of State may certify an abstract of a
3		driver's record upon written request therefor. Such
4		certification shall be made under the signature of the
5		Secretary of State and shall be authenticated by the Seal of
6		his office.
7		3. All requests for driving record information shall be
8		made in a manner prescribed by the Secretary and shall set
9		forth the intended use of the requested information.
10		The Secretary of State may notify the affected driver of
11		the request for purchase of his driver's record as the
12		Secretary deems appropriate.
13		No information shall be released to the requester until
14		expiration of a 10-day period. This 10-day period shall not
15		apply to requests for information made by law enforcement
16		officials, government agencies, financial institutions,
17		attorneys, insurers, employers, automobile associated
18		businesses, persons licensed as a private detective or firms
19		licensed as a private detective agency under the Private
20		Detective, Private Alarm, Private Security, Fingerprint
21		Vendor, and Locksmith Act of 2004, who are employed by or are
22		acting on behalf of law enforcement officials, government
23		agencies, financial institutions, attorneys, insurers,
24		employers, automobile associated businesses, and other
25		business entities for purposes consistent with the Illinois
26		Vehicle Code, the affected driver or other entities as the

HB3817 Enrolled - 649 - LRB103 30519 DTM 56952 b
1		Secretary may exempt by rule and regulation.
2		Any misrepresentation made by a requester of driver
3		information shall be punishable as a petty offense, except in
4		the case of persons licensed as a private detective or firms
5		licensed as a private detective agency which shall be subject
6		to disciplinary sanctions under Section 40-10 of the Private
7		Detective, Private Alarm, Private Security, Fingerprint
8		Vendor, and Locksmith Act of 2004.
9		4. The Secretary of State may furnish without fee, upon
10		the written request of a law enforcement agency, any
11		information from a driver's record on file with the Secretary
12		of State when such information is required in the enforcement
13		of this Code or any other law relating to the operation of
14		motor vehicles, including records of dispositions; documented
15		information involving the use of a motor vehicle; whether such
16		individual has, or previously had, a driver's license; and the
17		address and personal description as reflected on said driver's
18		record.
19		5. Except as otherwise provided in this Section, the
20		Secretary of State may furnish, without fee, information from
21		an individual driver's record on file, if a written request
22		therefor is submitted by any public transit system or
23		authority, public defender, law enforcement agency, a state or
24		federal agency, or an Illinois local intergovernmental
25		association, if the request is for the purpose of a background
26		check of applicants for employment with the requesting agency,

HB3817 Enrolled - 650 - LRB103 30519 DTM 56952 b
1		or for the purpose of an official investigation conducted by
2		the agency, or to determine a current address for the driver so
3		public funds can be recovered or paid to the driver, or for any
4		other purpose set forth in subsection (f-5) of this Section.
5		The Secretary may also furnish the courts a copy of an
6		abstract of a driver's record, without fee, subsequent to an
7		arrest for a violation of Section 11-501 or a similar
8		provision of a local ordinance. Such abstract may include
9		records of dispositions; documented information involving the
10		use of a motor vehicle as contained in the current file;
11		whether such individual has, or previously had, a driver's
12		license; and the address and personal description as reflected
13		on said driver's record.
14		6. Any certified abstract issued by the Secretary of State
15		or transmitted electronically by the Secretary of State
16		pursuant to this Section, to a court or on request of a law
17		enforcement agency, for the record of a named person as to the
18		status of the person's driver's license shall be prima facie
19		evidence of the facts therein stated and if the name appearing
20		in such abstract is the same as that of a person named in an
21		information or warrant, such abstract shall be prima facie
22		evidence that the person named in such information or warrant
23		is the same person as the person named in such abstract and
24		shall be admissible for any prosecution under this Code and be
25		admitted as proof of any prior conviction or proof of records,
26		notices, or orders recorded on individual driving records

HB3817 Enrolled - 651 - LRB103 30519 DTM 56952 b
1		maintained by the Secretary of State.
2		7. Subject to any restrictions contained in the Juvenile
3		Court Act of 1987, and upon receipt of a proper request and a
4		fee as set forth in Section 6-118, the Secretary of State shall
5		provide a driver's record or data contained therein to the
6		affected driver, or the affected driver's attorney, upon
7		verification. Such record shall contain all the information
8		referred to in paragraph 1 of this subsection (g) plus: any
9		recorded accident involvement as a driver; information
10		recorded pursuant to subsection (e) of Section 6-117 and
11		paragraph (4) of subsection (a) of Section 6-204 of this Code.
12		All other information, unless otherwise permitted by this
13		Code, shall remain confidential.
14		(h) The Secretary shall not disclose social security
15		numbers or any associated information obtained from the Social
16		Security Administration except pursuant to a written request
17		by, or with the prior written consent of, the individual
18		except: (1) to officers and employees of the Secretary who
19		have a need to know the social security numbers in performance
20		of their official duties, (2) to law enforcement officials for
21		a civil or criminal law enforcement investigation, and if an
22		officer of the law enforcement agency has made a written
23		request to the Secretary specifying the law enforcement
24		investigation for which the social security numbers are being
25		sought, though the Secretary retains the right to require
26		additional verification regarding the validity of the request,

HB3817 Enrolled - 652 - LRB103 30519 DTM 56952 b
1		(3) to the United States Department of Transportation, or any
2		other State, pursuant to the administration and enforcement of
3		the Commercial Motor Vehicle Safety Act of 1986 or
4		participation in State-to-State verification service, (4)
5		pursuant to the order of a court of competent jurisdiction,
6		(5) to the Department of Healthcare and Family Services
7		(formerly Department of Public Aid) for utilization in the
8		child support enforcement duties assigned to that Department
9		under provisions of the Illinois Public Aid Code after the
10		individual has received advanced meaningful notification of
11		what redisclosure is sought by the Secretary in accordance
12		with the federal Privacy Act, (5.5) to the Department of
13		Healthcare and Family Services and the Department of Human
14		Services solely for the purpose of verifying Illinois
15		residency where such residency is an eligibility requirement
16		for benefits under the Illinois Public Aid Code or any other
17		health benefit program administered by the Department of
18		Healthcare and Family Services or the Department of Human
19		Services, (6) to the Illinois Department of Revenue solely for
20		use by the Department in the collection of any tax or debt that
21		the Department of Revenue is authorized or required by law to
22		collect, provided that the Department shall not disclose the
23		social security number to any person or entity outside of the
24		Department, (7) to the Illinois Department of Veterans'
25		Affairs for the purpose of confirming veteran status, or (8)
26		the last 4 digits to the Illinois State Board of Elections for

HB3817 Enrolled - 653 - LRB103 30519 DTM 56952 b
1		purposes of voter registration and as may be required pursuant
2		to an agreement for a multi-state voter registration list
3		maintenance system. If social security information is
4		disclosed by the Secretary in accordance with this Section, no
5		liability shall rest with the Office of the Secretary of State
6		or any of its officers or employees, as the information is
7		released for official purposes only.
8		(i) (Blank).
9		(j) Medical statements or medical reports received in the
10		Secretary of State's Office shall be confidential. Except as
11		provided in this Section, no confidential information may be
12		open to public inspection or the contents disclosed to anyone,
13		except officers and employees of the Secretary who have a need
14		to know the information contained in the medical reports and
15		the Driver License Medical Advisory Board, unless so directed
16		by an order of a court of competent jurisdiction. If the
17		Secretary receives a medical report regarding a driver that
18		does not address a medical condition contained in a previous
19		medical report, the Secretary may disclose the unaddressed
20		medical condition to the driver or his or her physician, or
21		both, solely for the purpose of submission of a medical report
22		that addresses the condition.
23		(k) Beginning July 1, 2023, disbursement Disbursement of
24		fees collected under this Section shall be as follows: (1) of
25		the $20 $12 fee for a driver's record, $11 $3 shall be paid
26		into the Secretary of State Special Services Fund, and $6

HB3817 Enrolled - 654 - LRB103 30519 DTM 56952 b
1		shall be paid into the General Revenue Fund; (2) 50% of the
2		amounts collected under subsection (b) shall be paid into the
3		General Revenue Fund; and (3) all remaining fees shall be
4		disbursed under subsection (g) of Section 2-119 of this Code.
5		(l) (Blank).
6		(m) Notations of accident involvement that may be
7		disclosed under this Section shall not include notations
8		relating to damage to a vehicle or other property being
9		transported by a tow truck. This information shall remain
10		confidential, provided that nothing in this subsection (m)
11		shall limit disclosure of any notification of accident
12		involvement to any law enforcement agency or official.
13		(n) Requests made by the news media for driver's license,
14		vehicle, or title registration information may be furnished
15		without charge or at a reduced charge, as determined by the
16		Secretary, when the specific purpose for requesting the
17		documents is deemed to be in the public interest. Waiver or
18		reduction of the fee is in the public interest if the principal
19		purpose of the request is to access and disseminate
20		information regarding the health, safety, and welfare or the
21		legal rights of the general public and is not for the principal
22		purpose of gaining a personal or commercial benefit. The
23		information provided pursuant to this subsection shall not
24		contain personally identifying information unless the
25		information is to be used for one of the purposes identified in
26		subsection (f-5) of this Section.

HB3817 Enrolled - 655 - LRB103 30519 DTM 56952 b
1		(o) The redisclosure of personally identifying information
2		obtained pursuant to this Section is prohibited, except to the
3		extent necessary to effectuate the purpose for which the
4		original disclosure of the information was permitted.
5		(p) The Secretary of State is empowered to adopt rules to
6		effectuate this Section.
7		(Source: P.A. 100-590, eff. 6-8-18; 101-81, eff. 7-12-19;
8		101-326, eff. 8-9-19.)
9		(Text of Section after amendment by P.A. 102-982)
10		Sec. 2-123. Sale and distribution of information.
11		(a) Except as otherwise provided in this Section, the
12		Secretary may make the driver's license, vehicle and title
13		registration lists, in part or in whole, and any statistical
14		information derived from these lists available to local
15		governments, elected state officials, state educational
16		institutions, and all other governmental units of the State
17		and Federal Government requesting them for governmental
18		purposes. The Secretary shall require any such applicant for
19		services to pay for the costs of furnishing such services and
20		the use of the equipment involved, and in addition is
21		empowered to establish prices and charges for the services so
22		furnished and for the use of the electronic equipment
23		utilized.
24		(b) The Secretary is further empowered to and he may, in
25		his discretion, furnish to any applicant, other than listed in

HB3817 Enrolled - 656 - LRB103 30519 DTM 56952 b
1		subsection (a) of this Section, vehicle or driver data on a
2		computer tape, disk, other electronic format or computer
3		processable medium, or printout at a fixed fee of $500 $250 for
4		orders received before October 1, 2003 and $500 for orders
5		received on or after October 1, 2003, in advance, and require
6		in addition a further sufficient deposit based upon the
7		Secretary of State's estimate of the total cost of the
8		information requested and a charge of $50 $25 for orders
9		received before October 1, 2003 and $50 for orders received on
10		or after October 1, 2003, per 1,000 units or part thereof
11		identified or the actual cost, whichever is greater. The
12		Secretary is authorized to refund any difference between the
13		additional deposit and the actual cost of the request. This
14		service shall not be in lieu of an abstract of a driver's
15		record nor of a title or registration search. This service may
16		be limited to entities purchasing a minimum number of records
17		as required by administrative rule. The information sold
18		pursuant to this subsection shall be the entire vehicle or
19		driver data list, or part thereof. The information sold
20		pursuant to this subsection shall not contain personally
21		identifying information unless the information is to be used
22		for one of the purposes identified in subsection (f-5) of this
23		Section. Commercial purchasers of driver and vehicle record
24		databases shall enter into a written agreement with the
25		Secretary of State that includes disclosure of the commercial
26		use of the information to be purchased.

HB3817 Enrolled - 657 - LRB103 30519 DTM 56952 b
1		(b-1) The Secretary is further empowered to and may, in
2		his or her discretion, furnish vehicle or driver data on a
3		computer tape, disk, or other electronic format or computer
4		processible medium, at no fee, to any State or local
5		governmental agency that uses the information provided by the
6		Secretary to transmit data back to the Secretary that enables
7		the Secretary to maintain accurate driving records, including
8		dispositions of traffic cases. This information may be
9		provided without fee not more often than once every 6 months.
10		(c) Secretary of State may issue registration lists. The
11		Secretary of State may compile a list of all registered
12		vehicles. Each list of registered vehicles shall be arranged
13		serially according to the registration numbers assigned to
14		registered vehicles and may contain in addition the names and
15		addresses of registered owners and a brief description of each
16		vehicle including the serial or other identifying number
17		thereof. Such compilation may be in such form as in the
18		discretion of the Secretary of State may seem best for the
19		purposes intended.
20		(d) The Secretary of State shall furnish no more than 2
21		current available lists of such registrations to the sheriffs
22		of all counties and to the chiefs of police of all cities and
23		villages and towns of 2,000 population and over in this State
24		at no cost. Additional copies may be purchased by the sheriffs
25		or chiefs of police at the fee of $500 each or at the cost of
26		producing the list as determined by the Secretary of State.

HB3817 Enrolled - 658 - LRB103 30519 DTM 56952 b
1		Such lists are to be used for governmental purposes only.
2		(e) (Blank).
3		(e-1) (Blank).
4		(f) The Secretary of State shall make a title or
5		registration search of the records of his office and a written
6		report on the same for any person, upon written application of
7		such person, accompanied by a fee of $5 for each registration
8		or title search. The written application shall set forth the
9		intended use of the requested information. No fee shall be
10		charged for a title or registration search, or for the
11		certification thereof requested by a government agency. The
12		report of the title or registration search shall not contain
13		personally identifying information unless the request for a
14		search was made for one of the purposes identified in
15		subsection (f-5) of this Section. The report of the title or
16		registration search shall not contain highly restricted
17		personal information unless specifically authorized by this
18		Code.
19		The Secretary of State shall certify a title or
20		registration record upon written request. The fee for
21		certification shall be $5 in addition to the fee required for a
22		title or registration search. Certification shall be made
23		under the signature of the Secretary of State and shall be
24		authenticated by Seal of the Secretary of State.
25		The Secretary of State may notify the vehicle owner or
26		registrant of the request for purchase of his title or

HB3817 Enrolled - 659 - LRB103 30519 DTM 56952 b
1		registration information as the Secretary deems appropriate.
2		No information shall be released to the requester until
3		expiration of a 10-day period. This 10-day period shall not
4		apply to requests for information made by law enforcement
5		officials, government agencies, financial institutions,
6		attorneys, insurers, employers, automobile associated
7		businesses, persons licensed as a private detective or firms
8		licensed as a private detective agency under the Private
9		Detective, Private Alarm, Private Security, Fingerprint
10		Vendor, and Locksmith Act of 2004, who are employed by or are
11		acting on behalf of law enforcement officials, government
12		agencies, financial institutions, attorneys, insurers,
13		employers, automobile associated businesses, and other
14		business entities for purposes consistent with the Illinois
15		Vehicle Code, the vehicle owner or registrant or other
16		entities as the Secretary may exempt by rule and regulation.
17		Any misrepresentation made by a requester of title or
18		vehicle information shall be punishable as a petty offense,
19		except in the case of persons licensed as a private detective
20		or firms licensed as a private detective agency which shall be
21		subject to disciplinary sanctions under Section 40-10 of the
22		Private Detective, Private Alarm, Private Security,
23		Fingerprint Vendor, and Locksmith Act of 2004.
24		(f-5) The Secretary of State shall not disclose or
25		otherwise make available to any person or entity any
26		personally identifying information obtained by the Secretary

HB3817 Enrolled - 660 - LRB103 30519 DTM 56952 b
1		of State in connection with a driver's license, vehicle, or
2		title registration record unless the information is disclosed
3		for one of the following purposes:
4		(1) For use by any government agency, including any
5		court or law enforcement agency, in carrying out its
6		functions, or any private person or entity acting on
7		behalf of a federal, State, or local agency in carrying
8		out its functions.
9		(2) For use in connection with matters of motor
10		vehicle or driver safety and theft; motor vehicle
11		emissions; motor vehicle product alterations, recalls, or
12		advisories; performance monitoring of motor vehicles,
13		motor vehicle parts, and dealers; and removal of non-owner
14		records from the original owner records of motor vehicle
15		manufacturers.
16		(3) For use in the normal course of business by a
17		legitimate business or its agents, employees, or
18		contractors, but only:
19		(A) to verify the accuracy of personal information
20		submitted by an individual to the business or its
21		agents, employees, or contractors; and
22		(B) if such information as so submitted is not
23		correct or is no longer correct, to obtain the correct
24		information, but only for the purposes of preventing
25		fraud by, pursuing legal remedies against, or
26		recovering on a debt or security interest against, the

HB3817 Enrolled - 661 - LRB103 30519 DTM 56952 b
1		individual.
2		(4) For use in research activities and for use in
3		producing statistical reports, if the personally
4		identifying information is not published, redisclosed, or
5		used to contact individuals.
6		(5) For use in connection with any civil, criminal,
7		administrative, or arbitral proceeding in any federal,
8		State, or local court or agency or before any
9		self-regulatory body, including the service of process,
10		investigation in anticipation of litigation, and the
11		execution or enforcement of judgments and orders, or
12		pursuant to an order of a federal, State, or local court.
13		(6) For use by any insurer or insurance support
14		organization or by a self-insured entity or its agents,
15		employees, or contractors in connection with claims
16		investigation activities, antifraud activities, rating, or
17		underwriting.
18		(7) For use in providing notice to the owners of towed
19		or impounded vehicles.
20		(8) For use by any person licensed as a private
21		detective or firm licensed as a private detective agency
22		under the Private Detective, Private Alarm, Private
23		Security, Fingerprint Vendor, and Locksmith Act of 2004,
24		private investigative agency or security service licensed
25		in Illinois for any purpose permitted under this
26		subsection.

HB3817 Enrolled - 662 - LRB103 30519 DTM 56952 b
1		(9) For use by an employer or its agent or insurer to
2		obtain or verify information relating to a holder of a
3		commercial driver's license that is required under chapter
4		313 of title 49 of the United States Code.
5		(10) For use in connection with the operation of
6		private toll transportation facilities.
7		(11) For use by any requester, if the requester
8		demonstrates it has obtained the written consent of the
9		individual to whom the information pertains.
10		(12) For use by members of the news media, as defined
11		in Section 1-148.5, for the purpose of newsgathering when
12		the request relates to the operation of a motor vehicle or
13		public safety.
14		(13) For any other use specifically authorized by law,
15		if that use is related to the operation of a motor vehicle
16		or public safety.
17		(f-6) The Secretary of State shall not disclose or
18		otherwise make available to any person or entity any highly
19		restricted personal information obtained by the Secretary of
20		State in connection with a driver's license, vehicle, or title
21		registration record unless specifically authorized by this
22		Code.
23		(g) 1. The Secretary of State may, upon receipt of a
24		written request and a fee as set forth in Section 6-118,
25		furnish to the person or agency so requesting a driver's
26		record or data contained therein. Such document may include a

HB3817 Enrolled - 663 - LRB103 30519 DTM 56952 b
1		record of: current driver's license issuance information,
2		except that the information on judicial driving permits shall
3		be available only as otherwise provided by this Code;
4		convictions; orders entered revoking, suspending or cancelling
5		a driver's license or privilege; and notations of crash
6		involvement. All other information, unless otherwise permitted
7		by this Code, shall remain confidential. Information released
8		pursuant to a request for a driver's record shall not contain
9		personally identifying information, unless the request for the
10		driver's record was made for one of the purposes set forth in
11		subsection (f-5) of this Section. The Secretary of State may,
12		without fee, allow a parent or guardian of a person under the
13		age of 18 years, who holds an instruction permit or graduated
14		driver's license, to view that person's driving record online,
15		through a computer connection. The parent or guardian's online
16		access to the driving record will terminate when the
17		instruction permit or graduated driver's license holder
18		reaches the age of 18.
19		2. The Secretary of State shall not disclose or otherwise
20		make available to any person or entity any highly restricted
21		personal information obtained by the Secretary of State in
22		connection with a driver's license, vehicle, or title
23		registration record unless specifically authorized by this
24		Code. The Secretary of State may certify an abstract of a
25		driver's record upon written request therefor. Such
26		certification shall be made under the signature of the

HB3817 Enrolled - 664 - LRB103 30519 DTM 56952 b
1		Secretary of State and shall be authenticated by the Seal of
2		his office.
3		3. All requests for driving record information shall be
4		made in a manner prescribed by the Secretary and shall set
5		forth the intended use of the requested information.
6		The Secretary of State may notify the affected driver of
7		the request for purchase of his driver's record as the
8		Secretary deems appropriate.
9		No information shall be released to the requester until
10		expiration of a 10-day period. This 10-day period shall not
11		apply to requests for information made by law enforcement
12		officials, government agencies, financial institutions,
13		attorneys, insurers, employers, automobile associated
14		businesses, persons licensed as a private detective or firms
15		licensed as a private detective agency under the Private
16		Detective, Private Alarm, Private Security, Fingerprint
17		Vendor, and Locksmith Act of 2004, who are employed by or are
18		acting on behalf of law enforcement officials, government
19		agencies, financial institutions, attorneys, insurers,
20		employers, automobile associated businesses, and other
21		business entities for purposes consistent with the Illinois
22		Vehicle Code, the affected driver or other entities as the
23		Secretary may exempt by rule and regulation.
24		Any misrepresentation made by a requester of driver
25		information shall be punishable as a petty offense, except in
26		the case of persons licensed as a private detective or firms

HB3817 Enrolled - 665 - LRB103 30519 DTM 56952 b
1		licensed as a private detective agency which shall be subject
2		to disciplinary sanctions under Section 40-10 of the Private
3		Detective, Private Alarm, Private Security, Fingerprint
4		Vendor, and Locksmith Act of 2004.
5		4. The Secretary of State may furnish without fee, upon
6		the written request of a law enforcement agency, any
7		information from a driver's record on file with the Secretary
8		of State when such information is required in the enforcement
9		of this Code or any other law relating to the operation of
10		motor vehicles, including records of dispositions; documented
11		information involving the use of a motor vehicle; whether such
12		individual has, or previously had, a driver's license; and the
13		address and personal description as reflected on said driver's
14		record.
15		5. Except as otherwise provided in this Section, the
16		Secretary of State may furnish, without fee, information from
17		an individual driver's record on file, if a written request
18		therefor is submitted by any public transit system or
19		authority, public defender, law enforcement agency, a state or
20		federal agency, or an Illinois local intergovernmental
21		association, if the request is for the purpose of a background
22		check of applicants for employment with the requesting agency,
23		or for the purpose of an official investigation conducted by
24		the agency, or to determine a current address for the driver so
25		public funds can be recovered or paid to the driver, or for any
26		other purpose set forth in subsection (f-5) of this Section.

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1		The Secretary may also furnish the courts a copy of an
2		abstract of a driver's record, without fee, subsequent to an
3		arrest for a violation of Section 11-501 or a similar
4		provision of a local ordinance. Such abstract may include
5		records of dispositions; documented information involving the
6		use of a motor vehicle as contained in the current file;
7		whether such individual has, or previously had, a driver's
8		license; and the address and personal description as reflected
9		on said driver's record.
10		6. Any certified abstract issued by the Secretary of State
11		or transmitted electronically by the Secretary of State
12		pursuant to this Section, to a court or on request of a law
13		enforcement agency, for the record of a named person as to the
14		status of the person's driver's license shall be prima facie
15		evidence of the facts therein stated and if the name appearing
16		in such abstract is the same as that of a person named in an
17		information or warrant, such abstract shall be prima facie
18		evidence that the person named in such information or warrant
19		is the same person as the person named in such abstract and
20		shall be admissible for any prosecution under this Code and be
21		admitted as proof of any prior conviction or proof of records,
22		notices, or orders recorded on individual driving records
23		maintained by the Secretary of State.
24		7. Subject to any restrictions contained in the Juvenile
25		Court Act of 1987, and upon receipt of a proper request and a
26		fee as set forth in Section 6-118, the Secretary of State shall

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1		provide a driver's record or data contained therein to the
2		affected driver, or the affected driver's attorney, upon
3		verification. Such record shall contain all the information
4		referred to in paragraph 1 of this subsection (g) plus: any
5		recorded crash involvement as a driver; information recorded
6		pursuant to subsection (e) of Section 6-117 and paragraph (4)
7		of subsection (a) of Section 6-204 of this Code. All other
8		information, unless otherwise permitted by this Code, shall
9		remain confidential.
10		(h) The Secretary shall not disclose social security
11		numbers or any associated information obtained from the Social
12		Security Administration except pursuant to a written request
13		by, or with the prior written consent of, the individual
14		except: (1) to officers and employees of the Secretary who
15		have a need to know the social security numbers in performance
16		of their official duties, (2) to law enforcement officials for
17		a civil or criminal law enforcement investigation, and if an
18		officer of the law enforcement agency has made a written
19		request to the Secretary specifying the law enforcement
20		investigation for which the social security numbers are being
21		sought, though the Secretary retains the right to require
22		additional verification regarding the validity of the request,
23		(3) to the United States Department of Transportation, or any
24		other State, pursuant to the administration and enforcement of
25		the Commercial Motor Vehicle Safety Act of 1986 or
26		participation in State-to-State verification service, (4)

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1		pursuant to the order of a court of competent jurisdiction,
2		(5) to the Department of Healthcare and Family Services
3		(formerly Department of Public Aid) for utilization in the
4		child support enforcement duties assigned to that Department
5		under provisions of the Illinois Public Aid Code after the
6		individual has received advanced meaningful notification of
7		what redisclosure is sought by the Secretary in accordance
8		with the federal Privacy Act, (5.5) to the Department of
9		Healthcare and Family Services and the Department of Human
10		Services solely for the purpose of verifying Illinois
11		residency where such residency is an eligibility requirement
12		for benefits under the Illinois Public Aid Code or any other
13		health benefit program administered by the Department of
14		Healthcare and Family Services or the Department of Human
15		Services, (6) to the Illinois Department of Revenue solely for
16		use by the Department in the collection of any tax or debt that
17		the Department of Revenue is authorized or required by law to
18		collect, provided that the Department shall not disclose the
19		social security number to any person or entity outside of the
20		Department, (7) to the Illinois Department of Veterans'
21		Affairs for the purpose of confirming veteran status, or (8)
22		the last 4 digits to the Illinois State Board of Elections for
23		purposes of voter registration and as may be required pursuant
24		to an agreement for a multi-state voter registration list
25		maintenance system. If social security information is
26		disclosed by the Secretary in accordance with this Section, no

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1		liability shall rest with the Office of the Secretary of State
2		or any of its officers or employees, as the information is
3		released for official purposes only.
4		(i) (Blank).
5		(j) Medical statements or medical reports received in the
6		Secretary of State's Office shall be confidential. Except as
7		provided in this Section, no confidential information may be
8		open to public inspection or the contents disclosed to anyone,
9		except officers and employees of the Secretary who have a need
10		to know the information contained in the medical reports and
11		the Driver License Medical Advisory Board, unless so directed
12		by an order of a court of competent jurisdiction. If the
13		Secretary receives a medical report regarding a driver that
14		does not address a medical condition contained in a previous
15		medical report, the Secretary may disclose the unaddressed
16		medical condition to the driver or his or her physician, or
17		both, solely for the purpose of submission of a medical report
18		that addresses the condition.
19		(k) Beginning July 1, 2023, disbursement Disbursement of
20		fees collected under this Section shall be as follows: (1) of
21		the $20 $12 fee for a driver's record, $11 $3 shall be paid
22		into the Secretary of State Special Services Fund, and $6
23		shall be paid into the General Revenue Fund; (2) 50% of the
24		amounts collected under subsection (b) shall be paid into the
25		General Revenue Fund; and (3) all remaining fees shall be
26		disbursed under subsection (g) of Section 2-119 of this Code.

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1		(l) (Blank).
2		(m) Notations of crash involvement that may be disclosed
3		under this Section shall not include notations relating to
4		damage to a vehicle or other property being transported by a
5		tow truck. This information shall remain confidential,
6		provided that nothing in this subsection (m) shall limit
7		disclosure of any notification of crash involvement to any law
8		enforcement agency or official.
9		(n) Requests made by the news media for driver's license,
10		vehicle, or title registration information may be furnished
11		without charge or at a reduced charge, as determined by the
12		Secretary, when the specific purpose for requesting the
13		documents is deemed to be in the public interest. Waiver or
14		reduction of the fee is in the public interest if the principal
15		purpose of the request is to access and disseminate
16		information regarding the health, safety, and welfare or the
17		legal rights of the general public and is not for the principal
18		purpose of gaining a personal or commercial benefit. The
19		information provided pursuant to this subsection shall not
20		contain personally identifying information unless the
21		information is to be used for one of the purposes identified in
22		subsection (f-5) of this Section.
23		(o) The redisclosure of personally identifying information
24		obtained pursuant to this Section is prohibited, except to the
25		extent necessary to effectuate the purpose for which the
26		original disclosure of the information was permitted.

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1		(p) The Secretary of State is empowered to adopt rules to
2		effectuate this Section.
3		(Source: P.A. 101-81, eff. 7-12-19; 101-326, eff. 8-9-19;
4		102-982, eff. 7-1-23.)
5		(625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
6		Sec. 3-821. Miscellaneous registration and title fees.
7		(a) Except as provided under subsection (h), the fee to be
8		paid to the Secretary of State for the following certificates,
9		registrations or evidences of proper registration, or for
10		corrected or duplicate documents shall be in accordance with
11		the following schedule:
12 Certificate of Title, except for an all-terrain 13 vehicle, off-highway motorcycle, or motor home, mini 14 motor home or van camper $165 $155 15 Certificate of Title for a motor home, mini motor 16 home, or van camper $250 17 Certificate of Title for an all-terrain vehicle 18 or off-highway motorcycle $30 19 Certificate of Title for an all-terrain vehicle 20 or off-highway motorcycle used for production 21 agriculture, or accepted by a dealer in trade $13 22 Certificate of Title for a low-speed vehicle $30 23 Transfer of Registration or any evidence of 24 proper registration $25 25 Duplicate Registration Card for plates or other

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1 evidence of proper registration $3 2 Duplicate Registration Sticker or Stickers, each $20 3 4 Duplicate Certificate of Title $50 5 Corrected Registration Card or Card for other 6 evidence of proper registration $3 7 Corrected Certificate of Title $50 8 9 Salvage Certificate $20 10 Fleet Reciprocity Permit $15 11 Prorate Decal $1 12 Prorate Backing Plate $3 13 Special Corrected Certificate of Title $15 14 Expedited Title Service (to be charged in 15 addition to other applicable fees) $30 16 Dealer Lien Release Certificate of Title $20
17		A special corrected certificate of title shall be issued
18		(i) to remove a co-owner's name due to the death of the
19		co-owner, to transfer title to a spouse if the decedent-spouse
20		was the sole owner on the title, or due to a divorce; (ii) to
21		change a co-owner's name due to a marriage; or (iii) due to a
22		name change under Article XXI of the Code of Civil Procedure.
23		There shall be no fee paid for a Junking Certificate.
24		There shall be no fee paid for a certificate of title
25		issued to a county when the vehicle is forfeited to the county
26		under Article 36 of the Criminal Code of 2012.

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1		For purposes of this Section, the fee for a corrected
2		title application that also results in the issuance of a
3		duplicate title shall be the same as the fee for a duplicate
4		title.
5		(a-5) The Secretary of State may revoke a certificate of
6		title and registration card and issue a corrected certificate
7		of title and registration card, at no fee to the vehicle owner
8		or lienholder, if there is proof that the vehicle
9		identification number is erroneously shown on the original
10		certificate of title.
11		(a-10) The Secretary of State may issue, in connection
12		with the sale of a motor vehicle, a corrected title to a motor
13		vehicle dealer upon application and submittal of a lien
14		release letter from the lienholder listed in the files of the
15		Secretary. In the case of a title issued by another state, the
16		dealer must submit proof from the state that issued the last
17		title. The corrected title, which shall be known as a dealer
18		lien release certificate of title, shall be issued in the name
19		of the vehicle owner without the named lienholder. If the
20		motor vehicle is currently titled in a state other than
21		Illinois, the applicant must submit either (i) a letter from
22		the current lienholder releasing the lien and stating that the
23		lienholder has possession of the title; or (ii) a letter from
24		the current lienholder releasing the lien and a copy of the
25		records of the department of motor vehicles for the state in
26		which the vehicle is titled, showing that the vehicle is

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1		titled in the name of the applicant and that no liens are
2		recorded other than the lien for which a release has been
3		submitted. The fee for the dealer lien release certificate of
4		title is $20.
5		(b) The Secretary may prescribe the maximum service charge
6		to be imposed upon an applicant for renewal of a registration
7		by any person authorized by law to receive and remit or
8		transmit to the Secretary such renewal application and fees
9		therewith.
10		(c) If payment is delivered to the Office of the Secretary
11		of State as payment of any fee or tax under this Code, and such
12		payment is not honored for any reason, the registrant or other
13		person tendering the payment remains liable for the payment of
14		such fee or tax. The Secretary of State may assess a service
15		charge of $25 in addition to the fee or tax due and owing for
16		all dishonored payments.
17		If the total amount then due and owing exceeds the sum of
18		$100 and has not been paid in full within 60 days from the date
19		the dishonored payment was first delivered to the Secretary of
20		State, the Secretary of State shall assess a penalty of 25% of
21		such amount remaining unpaid.
22		All amounts payable under this Section shall be computed
23		to the nearest dollar. Out of each fee collected for
24		dishonored payments, $5 shall be deposited in the Secretary of
25		State Special Services Fund.
26		(d) The minimum fee and tax to be paid by any applicant for

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1		apportionment of a fleet of vehicles under this Code shall be
2		$15 if the application was filed on or before the date
3		specified by the Secretary together with fees and taxes due.
4		If an application and the fees or taxes due are filed after the
5		date specified by the Secretary, the Secretary may prescribe
6		the payment of interest at the rate of 1/2 of 1% per month or
7		fraction thereof after such due date and a minimum of $8.
8		(e) Trucks, truck tractors, truck tractors with loads, and
9		motor buses, any one of which having a combined total weight in
10		excess of 12,000 lbs. shall file an application for a Fleet
11		Reciprocity Permit issued by the Secretary of State. This
12		permit shall be in the possession of any driver operating a
13		vehicle on Illinois highways. Any foreign licensed vehicle of
14		the second division operating at any time in Illinois without
15		a Fleet Reciprocity Permit or other proper Illinois
16		registration, shall subject the operator to the penalties
17		provided in Section 3-834 of this Code. For the purposes of
18		this Code, "Fleet Reciprocity Permit" means any second
19		division motor vehicle with a foreign license and used only in
20		interstate transportation of goods. The fee for such permit
21		shall be $15 per fleet which shall include all vehicles of the
22		fleet being registered.
23		(f) For purposes of this Section, "all-terrain vehicle or
24		off-highway motorcycle used for production agriculture" means
25		any all-terrain vehicle or off-highway motorcycle used in the
26		raising of or the propagation of livestock, crops for sale for

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1		human consumption, crops for livestock consumption, and
2		production seed stock grown for the propagation of feed grains
3		and the husbandry of animals or for the purpose of providing a
4		food product, including the husbandry of blood stock as a main
5		source of providing a food product. "All-terrain vehicle or
6		off-highway motorcycle used in production agriculture" also
7		means any all-terrain vehicle or off-highway motorcycle used
8		in animal husbandry, floriculture, aquaculture, horticulture,
9		and viticulture.
10		(g) All of the proceeds of the additional fees imposed by
11		Public Act 96-34 shall be deposited into the Capital Projects
12		Fund.
13		(h) The fee for a duplicate registration sticker or
14		stickers shall be the amount required under subsection (a) or
15		the vehicle's annual registration fee amount, whichever is
16		less.
17		(i) All of the proceeds of (1) the additional fees imposed
18		by Public Act 101-32, and (2) the $5 additional fee imposed by
19		this amendatory Act of the 102nd General Assembly for a
20		certificate of title for a motor vehicle other than an
21		all-terrain vehicle, off-highway motorcycle, or motor home,
22		mini motor home, or van camper shall be deposited into the Road
23		Fund.
24		(j) Beginning July 1, 2023, the $10 additional fee imposed
25		by this amendatory Act of the 103rd General Assembly for a
26		Certificate of Title shall be deposited into the Secretary of

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1		State Special Services Fund.
2		(Source: P.A. 101-32, eff. 6-28-19; 101-604, eff. 12-13-19;
3		101-636, eff. 6-10-20; 102-353, eff. 1-1-22.)
4		(625 ILCS 5/6-118)
5		Sec. 6-118. Fees.
6		(a) The fees for licenses and permits under this Article
7		are as follows:
8		Original driver's license.............................$30
9		Original or renewal driver's license
10		issued to 18, 19 and 20 year olds.................. 5
11		All driver's licenses for persons
12		age 69 through age 80.............................. 5
13		All driver's licenses for persons
14		age 81 through age 86.............................. 2
15		All driver's licenses for persons
16		age 87 or older.....................................0
17		Renewal driver's license (except for
18		applicants ages 18, 19 and 20 or
19		age 69 and older)..................................30
20		Original instruction permit issued to
21		persons (except those age 69 and older)
22		who do not hold or have not previously
23		held an Illinois instruction permit or
24		driver's license.................................. 20
25		Instruction permit issued to any person

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1		holding an Illinois driver's license
2		who wishes a change in classifications,
3		other than at the time of renewal.................. 5
4		Any instruction permit issued to a person
5		age 69 and older................................... 5
6		Instruction permit issued to any person,
7		under age 69, not currently holding a
8		valid Illinois driver's license or
9		instruction permit but who has
10		previously been issued either document
11		in Illinois....................................... 10
12		Restricted driving permit.............................. 8
13		Monitoring device driving permit...................... 8
14		Duplicate or corrected driver's license
15		or permit.......................................... 5
16		Duplicate or corrected restricted
17		driving permit..................................... 5
18		Duplicate or corrected monitoring
19		device driving permit.................................. 5
20		Duplicate driver's license or permit issued to
21		an active-duty member of the
22		United States Armed Forces,
23		the member's spouse, or
24		the dependent children living
25		with the member................................... 0
26		Original or renewal M or L endorsement................. 5

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1		SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
2		The fees for commercial driver licenses and permits
3		under Article V shall be as follows:
4		Commercial driver's license:
5		$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
6		(Commercial Driver's License Information
7		System/American Association of Motor Vehicle
8		Administrators network/National Motor Vehicle
9		Title Information Service Trust Fund);
10		$20 for the Motor Carrier Safety Inspection Fund;
11		$10 for the driver's license;
12		and $24 for the CDL:............................. $60
13		Renewal commercial driver's license:
14		$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
15		$20 for the Motor Carrier Safety Inspection Fund;
16		$10 for the driver's license; and
17		$24 for the CDL:................................. $60
18		Commercial learner's permit
19		issued to any person holding a valid
20		Illinois driver's license for the
21		purpose of changing to a
22		CDL classification: $6 for the
23		CDLIS/AAMVAnet/NMVTIS Trust Fund;
24		$20 for the Motor Carrier
25		Safety Inspection Fund; and
26		$24 for the CDL classification................... $50

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1		Commercial learner's permit
2		issued to any person holding a valid
3		Illinois CDL for the purpose of
4		making a change in a classification,
5		endorsement or restriction........................ $5
6		CDL duplicate or corrected license.................... $5
7		In order to ensure the proper implementation of the
8		Uniform Commercial Driver License Act, Article V of this
9		Chapter, the Secretary of State is empowered to prorate the
10		$24 fee for the commercial driver's license proportionate to
11		the expiration date of the applicant's Illinois driver's
12		license.
13		The fee for any duplicate license or permit shall be
14		waived for any person who presents the Secretary of State's
15		office with a police report showing that his license or permit
16		was stolen.
17		The fee for any duplicate license or permit shall be
18		waived for any person age 60 or older whose driver's license or
19		permit has been lost or stolen.
20		No additional fee shall be charged for a driver's license,
21		or for a commercial driver's license, when issued to the
22		holder of an instruction permit for the same classification or
23		type of license who becomes eligible for such license.
24		The fee for a restricted driving permit under this
25		subsection (a) shall be imposed annually until the expiration
26		of the permit.

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1		(a-5) The fee for a driver's record or data contained
2		therein is $20 and shall be disbursed as set forth in
3		subsection (k) of Section 2-123 of this Code $12.
4		(b) Any person whose license or privilege to operate a
5		motor vehicle in this State has been suspended or revoked
6		under Section 3-707, any provision of Chapter 6, Chapter 11,
7		or Section 7-205, 7-303, or 7-702 of the Family Financial
8		Responsibility Law of this Code, shall in addition to any
9		other fees required by this Code, pay a reinstatement fee as
10		follows:
11		Suspension under Section 3-707..................... $100
12		Suspension under Section 11-1431....................$100
13		Summary suspension under Section 11-501.1...........$250
14		Suspension under Section 11-501.9...................$250
15		Summary revocation under Section 11-501.1............$500
16		Other suspension......................................$70
17		Revocation...........................................$500
18		However, any person whose license or privilege to operate
19		a motor vehicle in this State has been suspended or revoked for
20		a second or subsequent time for a violation of Section 11-501,
21		11-501.1, or 11-501.9 of this Code or a similar provision of a
22		local ordinance or a similar out-of-state offense or Section
23		9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
24		and each suspension or revocation was for a violation of
25		Section 11-501, 11-501.1, or 11-501.9 of this Code or a
26		similar provision of a local ordinance or a similar

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1		out-of-state offense or Section 9-3 of the Criminal Code of
2		1961 or the Criminal Code of 2012 shall pay, in addition to any
3		other fees required by this Code, a reinstatement fee as
4		follows:
5		Summary suspension under Section 11-501.1............$500
6		Suspension under Section 11-501.9...................$500
7		Summary revocation under Section 11-501.1............$500
8		Revocation...........................................$500
9		(c) All fees collected under the provisions of this
10		Chapter 6 shall be disbursed under subsection (g) of Section
11		2-119 of this Code, except as follows:
12		1. The following amounts shall be paid into the
13		Drivers Education Fund:
14		(A) $16 of the $20 fee for an original driver's
15		instruction permit;
16		(B) $5 of the $30 fee for an original driver's
17		license;
18		(C) $5 of the $30 fee for a 4 year renewal driver's
19		license;
20		(D) $4 of the $8 fee for a restricted driving
21		permit; and
22		(E) $4 of the $8 fee for a monitoring device
23		driving permit.
24		2. $30 of the $250 fee for reinstatement of a license
25		summarily suspended under Section 11-501.1 or suspended
26		under Section 11-501.9 shall be deposited into the Drunk

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1		and Drugged Driving Prevention Fund. However, for a person
2		whose license or privilege to operate a motor vehicle in
3		this State has been suspended or revoked for a second or
4		subsequent time for a violation of Section 11-501,
5		11-501.1, or 11-501.9 of this Code or Section 9-3 of the
6		Criminal Code of 1961 or the Criminal Code of 2012, $190 of
7		the $500 fee for reinstatement of a license summarily
8		suspended under Section 11-501.1 or suspended under
9		Section 11-501.9, and $190 of the $500 fee for
10		reinstatement of a revoked license shall be deposited into
11		the Drunk and Drugged Driving Prevention Fund. $190 of the
12		$500 fee for reinstatement of a license summarily revoked
13		pursuant to Section 11-501.1 shall be deposited into the
14		Drunk and Drugged Driving Prevention Fund.
15		3. $6 of the original or renewal fee for a commercial
16		driver's license and $6 of the commercial learner's permit
17		fee when the permit is issued to any person holding a valid
18		Illinois driver's license, shall be paid into the
19		CDLIS/AAMVAnet/NMVTIS Trust Fund.
20		4. $30 of the $70 fee for reinstatement of a license
21		suspended under the Family Financial Responsibility Law
22		shall be paid into the Family Responsibility Fund.
23		5. The $5 fee for each original or renewal M or L
24		endorsement shall be deposited into the Cycle Rider Safety
25		Training Fund.
26		6. $20 of any original or renewal fee for a commercial

HB3817 Enrolled - 684 - LRB103 30519 DTM 56952 b
1		driver's license or commercial learner's permit shall be
2		paid into the Motor Carrier Safety Inspection Fund.
3		7. The following amounts shall be paid into the
4		General Revenue Fund:
5		(A) $190 of the $250 reinstatement fee for a
6		summary suspension under Section 11-501.1 or a
7		suspension under Section 11-501.9;
8		(B) $40 of the $70 reinstatement fee for any other
9		suspension provided in subsection (b) of this Section;
10		and
11		(C) $440 of the $500 reinstatement fee for a first
12		offense revocation and $310 of the $500 reinstatement
13		fee for a second or subsequent revocation.
14		8. Fees collected under paragraph (4) of subsection
15		(d) and subsection (h) of Section 6-205 of this Code;
16		subparagraph (C) of paragraph 3 of subsection (c) of
17		Section 6-206 of this Code; and paragraph (4) of
18		subsection (a) of Section 6-206.1 of this Code, shall be
19		paid into the funds set forth in those Sections.
20		(d) All of the proceeds of the additional fees imposed by
21		this amendatory Act of the 96th General Assembly shall be
22		deposited into the Capital Projects Fund.
23		(e) The additional fees imposed by this amendatory Act of
24		the 96th General Assembly shall become effective 90 days after
25		becoming law. The additional fees imposed by this amendatory
26		Act of the 103rd General Assembly shall become effective July

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1		1, 2023 and shall be paid into the Secretary of State Special
2		Services Fund.
3		(f) As used in this Section, "active-duty member of the
4		United States Armed Forces" means a member of the Armed
5		Services or Reserve Forces of the United States or a member of
6		the Illinois National Guard who is called to active duty
7		pursuant to an executive order of the President of the United
8		States, an act of the Congress of the United States, or an
9		order of the Governor.
10		(Source: P.A. 100-590, eff. 6-8-18; 100-803, eff. 1-1-19;
11		101-81, eff. 7-12-19.)
12		ARTICLE 99.
13		Section 99-5. The State Employees Group Insurance Act of
14		1971 is amended by changing Section 6.11 and adding Sections
15		6.11B and 6.11C as follows:
16		(5 ILCS 375/6.11)
17		(Text of Section before amendment by P.A. 102-768)
18		Sec. 6.11. Required health benefits; Illinois Insurance
19		Code requirements. The program of health benefits shall
20		provide the post-mastectomy care benefits required to be
21		covered by a policy of accident and health insurance under
22		Section 356t of the Illinois Insurance Code. The program of
23		health benefits shall provide the coverage required under

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1		Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
2		356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
3		356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
4		356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
5		356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
6		356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 of
7		the Illinois Insurance Code. The program of health benefits
8		must comply with Sections 155.22a, 155.37, 355b, 356z.19,
9		370c, and 370c.1 and Article XXXIIB of the Illinois Insurance
10		Code. The program of health benefits shall provide the
11		coverage required under Section 356m of the Illinois Insurance
12		Code and, for the employees of the State Employee Group
13		Insurance Program only, the coverage as also provided in
14		Section 6.11B of this Act. The Department of Insurance shall
15		enforce the requirements of this Section with respect to
16		Sections 370c and 370c.1 of the Illinois Insurance Code; all
17		other requirements of this Section shall be enforced by the
18		Department of Central Management Services.
19		Rulemaking authority to implement Public Act 95-1045, if
20		any, is conditioned on the rules being adopted in accordance
21		with all provisions of the Illinois Administrative Procedure
22		Act and all rules and procedures of the Joint Committee on
23		Administrative Rules; any purported rule not so adopted, for
24		whatever reason, is unauthorized.
25		(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;
26		101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.

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1		1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103,
2		eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
3		102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
4		1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,
5		eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
6		revised 12-13-22.)
7		(Text of Section after amendment by P.A. 102-768)
8		Sec. 6.11. Required health benefits; Illinois Insurance
9		Code requirements. The program of health benefits shall
10		provide the post-mastectomy care benefits required to be
11		covered by a policy of accident and health insurance under
12		Section 356t of the Illinois Insurance Code. The program of
13		health benefits shall provide the coverage required under
14		Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
15		356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
16		356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
17		356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
18		356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
19		356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, and
20		356z.60 of the Illinois Insurance Code. The program of health
21		benefits must comply with Sections 155.22a, 155.37, 355b,
22		356z.19, 370c, and 370c.1 and Article XXXIIB of the Illinois
23		Insurance Code. The program of health benefits shall provide
24		the coverage required under Section 356m of the Illinois
25		Insurance Code and, for the employees of the State Employee

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1		Group Insurance Program only, the coverage as also provided in
2		Section 6.11B of this Act. The Department of Insurance shall
3		enforce the requirements of this Section with respect to
4		Sections 370c and 370c.1 of the Illinois Insurance Code; all
5		other requirements of this Section shall be enforced by the
6		Department of Central Management Services.
7		Rulemaking authority to implement Public Act 95-1045, if
8		any, is conditioned on the rules being adopted in accordance
9		with all provisions of the Illinois Administrative Procedure
10		Act and all rules and procedures of the Joint Committee on
11		Administrative Rules; any purported rule not so adopted, for
12		whatever reason, is unauthorized.
13		(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;
14		101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
15		1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103,
16		eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
17		102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
18		1-1-23; 102-768, eff. 1-1-24; 102-804, eff. 1-1-23; 102-813,
19		eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23;
20		102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.)
21		(5 ILCS 375/6.11B new)
22		Sec. 6.11B. Infertility coverage.
23		(a) Beginning on January 1, 2024, the State Employees
24		Group Insurance Program shall provide coverage for the
25		diagnosis and treatment of infertility, including, but not

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1		limited to, in vitro fertilization, uterine embryo lavage,
2		embryo transfer, artificial insemination, gamete
3		intrafallopian tube transfer, zygote intrafallopian tube
4		transfer, and low tubal ovum transfer. The coverage required
5		shall include procedures necessary to screen or diagnose a
6		fertilized egg before implantation, including, but not limited
7		to, preimplantation genetic diagnosis, preimplantation genetic
8		screening, and prenatal genetic diagnosis.
9		(b) Beginning on January 1, 2024, coverage under this
10		Section for procedures for in vitro fertilization, gamete
11		intrafallopian tube transfer, or zygote intrafallopian tube
12		transfer shall be required only if the procedures:
13		(1) are considered medically appropriate based on
14		clinical guidelines or standards developed by the American
15		Society for Reproductive Medicine, the American College of
16		Obstetricians and Gynecologists, or the Society for
17		Assisted Reproductive Technology; and
18		(2) are performed at medical facilities or clinics
19		that conform to the American College of Obstetricians and
20		Gynecologists guidelines for in vitro fertilization or the
21		American Society for Reproductive Medicine minimum
22		standards for practices offering assisted reproductive
23		technologies.
24		(c) As used in this Section, "infertility" means a
25		disease, condition, or status characterized by:
26		(1) a failure to establish a pregnancy or to carry a

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1		pregnancy to live birth after 12 months of regular,
2		unprotected sexual intercourse if the woman is 35 years of
3		age or younger, or after 6 months of regular, unprotected
4		sexual intercourse if the woman is over 35 years of age;
5		conceiving but having a miscarriage does not restart the
6		12-month or 6-month term for determining infertility;
7		(2) a person's inability to reproduce either as a
8		single individual or with a partner without medical
9		intervention; or
10		(3) a licensed physician's findings based on a
11		patient's medical, sexual, and reproductive history, age,
12		physical findings, or diagnostic testing.
13		(d) The State Employees Group Insurance Program may not
14		impose any exclusions, limitations, or other restrictions on
15		coverage of fertility medications that are different from
16		those imposed on any other prescription medications, nor may
17		it impose any exclusions, limitations, or other restrictions
18		on coverage of any fertility services based on a covered
19		individual's participation in fertility services provided by
20		or to a third party, nor may it impose deductibles,
21		copayments, coinsurance, benefit maximums, waiting periods, or
22		any other limitations on coverage for the diagnosis of
23		infertility, treatment for infertility, and standard fertility
24		preservation services, except as provided in this Section,
25		that are different from those imposed upon benefits for
26		services not related to infertility.

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1		(5 ILCS 375/6.11C new)
2		Sec. 6.11C. Coverage for injectable medicines to improve
3		glucose or weight loss. Beginning on January 1, 2024, the
4		State Employees Group Insurance Program shall provide coverage
5		for all types of injectable medicines prescribed on-label or
6		off-label to improve glucose or weight loss for use by adults
7		diagnosed or previously diagnosed with prediabetes,
8		gestational diabetes, or obesity. To continue to qualify for
9		coverage under this Section, covered members must participate
10		in a lifestyle management plan administered by their health
11		plan. This Section does not apply to individuals covered by a
12		Medicare Advantage Prescription Drug Plan.
13		ARTICLE 100.
14		Section 100-5. The Counties Code is amended by changing
15		Section 3-4014 as follows:
16		(55 ILCS 5/3-4014)
17		Sec. 3-4014. Public Defender Fund defender grant program.
18		(a) (Blank). Subject to appropriation, the Administrative
19		Office of the Illinois Courts shall establish a grant program
20		for counties with a population of 3,000,000 or less for the
21		purpose of training and hiring attorneys on contract to assist
22		the county public defender in pretrial detention hearings. The

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1		Administrative Office of the Illinois Courts may establish, by
2		rule, administrative procedures for the grant program,
3		including application procedures and requirements concerning
4		grant agreements, certifications, payment methodologies, and
5		other accountability measures that may be imposed upon
6		participants in the program. Emergency rules may be adopted to
7		implement the program in accordance with Section 5-45 of the
8		Illinois Administrative Procedure Act.
9		(b) The Public Defender Fund is created as a special fund
10		in the State treasury. All money in the Public Defender Fund
11		shall be used, subject to appropriation, by the Illinois
12		Supreme Court to provide funding to counties with a population
13		of 3,000,000 or less for public defenders and public defender
14		services pursuant to this Section 3-4014.
15		(Source: P.A. 102-1104, eff. 12-6-22.)
16		ARTICLE 105.
17		Section 105-5. The School Code is amended by changing
18		Section 2-3.192 as follows:
19		(105 ILCS 5/2-3.192)
20		(Section scheduled to be repealed on July 1, 2023)
21		Sec. 2-3.192. Significant loss grant program. Subject to
22		specific State appropriation, the State Board shall make
23		Significant Loss Grants available to school districts that

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1		meet all of the following requirements:
2		(1) The district has been affected by a recent
3		substantial loss of contributions from a single taxpayer
4		that resulted in either a significant loss of the overall
5		district Equalized Assessed Value or a significant loss in
6		property tax revenue from January 1, 2018 through the
7		effective date of this amendatory Act of the 103rd 102nd
8		General Assembly.
9		(2) The district's total equalized assessed value is
10		significantly derived from a single taxpayer.
11		(3) The district's administrative office is located in
12		a county with less than 30,000 inhabitants.
13		(4) The district has a total student enrollment of
14		less than 500 students as published on the most recent
15		Illinois School Report Card.
16		(5) The district has a low income concentration of at
17		least 45% as published on the most recent Illinois School
18		Report Card.
19		The Professional Review Panel shall make recommendations
20		to the State Board regarding grant eligibility and
21		allocations. The State Board shall determine grant eligibility
22		and allocations. This Section is repealed on July 1, 2024
23		2023.
24		(Source: P.A. 102-699, eff. 4-19-22.)
25		ARTICLE 110.

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1		Section 110-5. The Illinois Gambling Act is amended by
2		changing Section 13 as follows:
3		(230 ILCS 10/13) (from Ch. 120, par. 2413)
4		Sec. 13. Wagering tax; rate; distribution.
5		(a) Until January 1, 1998, a tax is imposed on the adjusted
6		gross receipts received from gambling games authorized under
7		this Act at the rate of 20%.
8		(a-1) From January 1, 1998 until July 1, 2002, a privilege
9		tax is imposed on persons engaged in the business of
10		conducting riverboat gambling operations, based on the
11		adjusted gross receipts received by a licensed owner from
12		gambling games authorized under this Act at the following
13		rates:
14		15% of annual adjusted gross receipts up to and
15		including $25,000,000;
16		20% of annual adjusted gross receipts in excess of
17		$25,000,000 but not exceeding $50,000,000;
18		25% of annual adjusted gross receipts in excess of
19		$50,000,000 but not exceeding $75,000,000;
20		30% of annual adjusted gross receipts in excess of
21		$75,000,000 but not exceeding $100,000,000;
22		35% of annual adjusted gross receipts in excess of
23		$100,000,000.
24		(a-2) From July 1, 2002 until July 1, 2003, a privilege tax

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1		is imposed on persons engaged in the business of conducting
2		riverboat gambling operations, other than licensed managers
3		conducting riverboat gambling operations on behalf of the
4		State, based on the adjusted gross receipts received by a
5		licensed owner from gambling games authorized under this Act
6		at the following rates:
7		15% of annual adjusted gross receipts up to and
8		including $25,000,000;
9		22.5% of annual adjusted gross receipts in excess of
10		$25,000,000 but not exceeding $50,000,000;
11		27.5% of annual adjusted gross receipts in excess of
12		$50,000,000 but not exceeding $75,000,000;
13		32.5% of annual adjusted gross receipts in excess of
14		$75,000,000 but not exceeding $100,000,000;
15		37.5% of annual adjusted gross receipts in excess of
16		$100,000,000 but not exceeding $150,000,000;
17		45% of annual adjusted gross receipts in excess of
18		$150,000,000 but not exceeding $200,000,000;
19		50% of annual adjusted gross receipts in excess of
20		$200,000,000.
21		(a-3) Beginning July 1, 2003, a privilege tax is imposed
22		on persons engaged in the business of conducting riverboat
23		gambling operations, other than licensed managers conducting
24		riverboat gambling operations on behalf of the State, based on
25		the adjusted gross receipts received by a licensed owner from
26		gambling games authorized under this Act at the following

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1		rates:
2		15% of annual adjusted gross receipts up to and
3		including $25,000,000;
4		27.5% of annual adjusted gross receipts in excess of
5		$25,000,000 but not exceeding $37,500,000;
6		32.5% of annual adjusted gross receipts in excess of
7		$37,500,000 but not exceeding $50,000,000;
8		37.5% of annual adjusted gross receipts in excess of
9		$50,000,000 but not exceeding $75,000,000;
10		45% of annual adjusted gross receipts in excess of
11		$75,000,000 but not exceeding $100,000,000;
12		50% of annual adjusted gross receipts in excess of
13		$100,000,000 but not exceeding $250,000,000;
14		70% of annual adjusted gross receipts in excess of
15		$250,000,000.
16		An amount equal to the amount of wagering taxes collected
17		under this subsection (a-3) that are in addition to the amount
18		of wagering taxes that would have been collected if the
19		wagering tax rates under subsection (a-2) were in effect shall
20		be paid into the Common School Fund.
21		The privilege tax imposed under this subsection (a-3)
22		shall no longer be imposed beginning on the earlier of (i) July
23		1, 2005; (ii) the first date after June 20, 2003 that riverboat
24		gambling operations are conducted pursuant to a dormant
25		license; or (iii) the first day that riverboat gambling
26		operations are conducted under the authority of an owners

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1		license that is in addition to the 10 owners licenses
2		initially authorized under this Act. For the purposes of this
3		subsection (a-3), the term "dormant license" means an owners
4		license that is authorized by this Act under which no
5		riverboat gambling operations are being conducted on June 20,
6		2003.
7		(a-4) Beginning on the first day on which the tax imposed
8		under subsection (a-3) is no longer imposed and ending upon
9		the imposition of the privilege tax under subsection (a-5) of
10		this Section, a privilege tax is imposed on persons engaged in
11		the business of conducting gambling operations, other than
12		licensed managers conducting riverboat gambling operations on
13		behalf of the State, based on the adjusted gross receipts
14		received by a licensed owner from gambling games authorized
15		under this Act at the following rates:
16		15% of annual adjusted gross receipts up to and
17		including $25,000,000;
18		22.5% of annual adjusted gross receipts in excess of
19		$25,000,000 but not exceeding $50,000,000;
20		27.5% of annual adjusted gross receipts in excess of
21		$50,000,000 but not exceeding $75,000,000;
22		32.5% of annual adjusted gross receipts in excess of
23		$75,000,000 but not exceeding $100,000,000;
24		37.5% of annual adjusted gross receipts in excess of
25		$100,000,000 but not exceeding $150,000,000;
26		45% of annual adjusted gross receipts in excess of

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1		$150,000,000 but not exceeding $200,000,000;
2		50% of annual adjusted gross receipts in excess of
3		$200,000,000.
4		For the imposition of the privilege tax in this subsection
5		(a-4), amounts paid pursuant to item (1) of subsection (b) of
6		Section 56 of the Illinois Horse Racing Act of 1975 shall not
7		be included in the determination of adjusted gross receipts.
8		(a-5)(1) Beginning on July 1, 2020, a privilege tax is
9		imposed on persons engaged in the business of conducting
10		gambling operations, other than the owners licensee under
11		paragraph (1) of subsection (e-5) of Section 7 and licensed
12		managers conducting riverboat gambling operations on behalf of
13		the State, based on the adjusted gross receipts received by
14		such licensee from the gambling games authorized under this
15		Act. The privilege tax for all gambling games other than table
16		games, including, but not limited to, slot machines, video
17		game of chance gambling, and electronic gambling games shall
18		be at the following rates:
19		15% of annual adjusted gross receipts up to and
20		including $25,000,000;
21		22.5% of annual adjusted gross receipts in excess of
22		$25,000,000 but not exceeding $50,000,000;
23		27.5% of annual adjusted gross receipts in excess of
24		$50,000,000 but not exceeding $75,000,000;
25		32.5% of annual adjusted gross receipts in excess of
26		$75,000,000 but not exceeding $100,000,000;

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1		37.5% of annual adjusted gross receipts in excess of
2		$100,000,000 but not exceeding $150,000,000;
3		45% of annual adjusted gross receipts in excess of
4		$150,000,000 but not exceeding $200,000,000;
5		50% of annual adjusted gross receipts in excess of
6		$200,000,000.
7		The privilege tax for table games shall be at the
8		following rates:
9		15% of annual adjusted gross receipts up to and
10		including $25,000,000;
11		20% of annual adjusted gross receipts in excess of
12		$25,000,000.
13		For the imposition of the privilege tax in this subsection
14		(a-5), amounts paid pursuant to item (1) of subsection (b) of
15		Section 56 of the Illinois Horse Racing Act of 1975 shall not
16		be included in the determination of adjusted gross receipts.
17		(2) Beginning on the first day that an owners licensee
18		under paragraph (1) of subsection (e-5) of Section 7 conducts
19		gambling operations, either in a temporary facility or a
20		permanent facility, a privilege tax is imposed on persons
21		engaged in the business of conducting gambling operations
22		under paragraph (1) of subsection (e-5) of Section 7, other
23		than licensed managers conducting riverboat gambling
24		operations on behalf of the State, based on the adjusted gross
25		receipts received by such licensee from the gambling games
26		authorized under this Act. The privilege tax for all gambling

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1		games other than table games, including, but not limited to,
2		slot machines, video game of chance gambling, and electronic
3		gambling games shall be at the following rates:
4		12% of annual adjusted gross receipts up to and
5		including $25,000,000 to the State and 10.5% of annual
6		adjusted gross receipts up to and including $25,000,000 to
7		the City of Chicago;
8		16% of annual adjusted gross receipts in excess of
9		$25,000,000 but not exceeding $50,000,000 to the State and
10		14% of annual adjusted gross receipts in excess of
11		$25,000,000 but not exceeding $50,000,000 to the City of
12		Chicago;
13		20.1% of annual adjusted gross receipts in excess of
14		$50,000,000 but not exceeding $75,000,000 to the State and
15		17.4% of annual adjusted gross receipts in excess of
16		$50,000,000 but not exceeding $75,000,000 to the City of
17		Chicago;
18		21.4% of annual adjusted gross receipts in excess of
19		$75,000,000 but not exceeding $100,000,000 to the State
20		and 18.6% of annual adjusted gross receipts in excess of
21		$75,000,000 but not exceeding $100,000,000 to the City of
22		Chicago;
23		22.7% of annual adjusted gross receipts in excess of
24		$100,000,000 but not exceeding $150,000,000 to the State
25		and 19.8% of annual adjusted gross receipts in excess of
26		$100,000,000 but not exceeding $150,000,000 to the City of

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1		Chicago;
2		24.1% of annual adjusted gross receipts in excess of
3		$150,000,000 but not exceeding $225,000,000 to the State
4		and 20.9% of annual adjusted gross receipts in excess of
5		$150,000,000 but not exceeding $225,000,000 to the City of
6		Chicago;
7		26.8% of annual adjusted gross receipts in excess of
8		$225,000,000 but not exceeding $1,000,000,000 to the State
9		and 23.2% of annual adjusted gross receipts in excess of
10		$225,000,000 but not exceeding $1,000,000,000 to the City
11		of Chicago;
12		40% of annual adjusted gross receipts in excess of
13		$1,000,000,000 to the State and 34.7% of annual gross
14		receipts in excess of $1,000,000,000 to the City of
15		Chicago.
16		The privilege tax for table games shall be at the
17		following rates:
18		8.1% of annual adjusted gross receipts up to and
19		including $25,000,000 to the State and 6.9% of annual
20		adjusted gross receipts up to and including $25,000,000 to
21		the City of Chicago;
22		10.7% of annual adjusted gross receipts in excess of
23		$25,000,000 but not exceeding $75,000,000 to the State and
24		9.3% of annual adjusted gross receipts in excess of
25		$25,000,000 but not exceeding $75,000,000 to the City of
26		Chicago;

HB3817 Enrolled - 702 - LRB103 30519 DTM 56952 b
1		11.2% of annual adjusted gross receipts in excess of
2		$75,000,000 but not exceeding $175,000,000 to the State
3		and 9.8% of annual adjusted gross receipts in excess of
4		$75,000,000 but not exceeding $175,000,000 to the City of
5		Chicago;
6		13.5% of annual adjusted gross receipts in excess of
7		$175,000,000 but not exceeding $225,000,000 to the State
8		and 11.5% of annual adjusted gross receipts in excess of
9		$175,000,000 but not exceeding $225,000,000 to the City of
10		Chicago;
11		15.1% of annual adjusted gross receipts in excess of
12		$225,000,000 but not exceeding $275,000,000 to the State
13		and 12.9% of annual adjusted gross receipts in excess of
14		$225,000,000 but not exceeding $275,000,000 to the City of
15		Chicago;
16		16.2% of annual adjusted gross receipts in excess of
17		$275,000,000 but not exceeding $375,000,000 to the State
18		and 13.8% of annual adjusted gross receipts in excess of
19		$275,000,000 but not exceeding $375,000,000 to the City of
20		Chicago;
21		18.9% of annual adjusted gross receipts in excess of
22		$375,000,000 to the State and 16.1% of annual gross
23		receipts in excess of $375,000,000 to the City of Chicago.
24		For the imposition of the privilege tax in this subsection
25		(a-5), amounts paid pursuant to item (1) of subsection (b) of
26		Section 56 of the Illinois Horse Racing Act of 1975 shall not

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1		be included in the determination of adjusted gross receipts.
2		(3) Notwithstanding the provisions of this subsection
3		(a-5), for the first 10 years that the privilege tax is imposed
4		under this subsection (a-5) or until the year preceding the
5		calendar year in which paragraph (4) becomes operative,
6		whichever occurs first, the privilege tax shall be imposed on
7		the modified annual adjusted gross receipts of a riverboat or
8		casino conducting gambling operations in the City of East St.
9		Louis, unless:
10		(1) the riverboat or casino fails to employ at least
11		450 people, except no minimum employment shall be required
12		during 2020 and 2021 or during periods that the riverboat
13		or casino is closed on orders of State officials for
14		public health emergencies or other emergencies not caused
15		by the riverboat or casino;
16		(2) the riverboat or casino fails to maintain
17		operations in a manner consistent with this Act or is not a
18		viable riverboat or casino subject to the approval of the
19		Board; or
20		(3) the owners licensee is not an entity in which
21		employees participate in an employee stock ownership plan
22		or in which the owners licensee sponsors a 401(k)
23		retirement plan and makes a matching employer contribution
24		equal to at least one-quarter of the first 12% or one-half
25		of the first 6% of each participating employee's
26		contribution, not to exceed any limitations under federal

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1		laws and regulations.
2		(4) Notwithstanding the provisions of this subsection
3		(a-5), for 10 calendar years beginning in the year that
4		gambling operations commence either in a temporary or
5		permanent facility at an organization gaming facility located
6		in the City of Collinsville if the facility commences
7		operations within 3 years of the effective date of the changes
8		made to this Section by this amendatory Act of the 103rd
9		General Assembly, the privilege tax imposed under this
10		subsection (a-5) on a riverboat or casino conducting gambling
11		operations in the City of East St. Louis shall be reduced, if
12		applicable, by an amount equal to the difference in adjusted
13		gross receipts for the 2022 calendar year less the current
14		year's adjusted gross receipts, unless:
15		(A) the riverboat or casino fails to employ at least
16		350 people, except that no minimum employment shall be
17		required during periods that the riverboat or casino is
18		closed on orders of State officials for public health
19		emergencies or other emergencies not caused by the
20		riverboat or casino;
21		(B) the riverboat or casino fails to maintain
22		operations in a manner consistent with this Act or is not a
23		viable riverboat or casino subject to the approval of the
24		Board; or
25		(C) the riverboat or casino fails to submit audited
26		financial statements to the Board prepared by an

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1		accounting firm that has been preapproved by the Board and
2		such statements were prepared in accordance with the
3		provisions of the Financial Accounting Standards Board
4		Accounting Standards Codification under nongovernmental
5		accounting principles generally accepted in the United
6		States.
7		As used in this subsection (a-5), "modified annual
8		adjusted gross receipts" means:
9		(A) for calendar year 2020, the annual adjusted gross
10		receipts for the current year minus the difference between
11		an amount equal to the average annual adjusted gross
12		receipts from a riverboat or casino conducting gambling
13		operations in the City of East St. Louis for 2014, 2015,
14		2016, 2017, and 2018 and the annual adjusted gross
15		receipts for 2018;
16		(B) for calendar year 2021, the annual adjusted gross
17		receipts for the current year minus the difference between
18		an amount equal to the average annual adjusted gross
19		receipts from a riverboat or casino conducting gambling
20		operations in the City of East St. Louis for 2014, 2015,
21		2016, 2017, and 2018 and the annual adjusted gross
22		receipts for 2019; and
23		(C) for calendar years 2022 through 2029, the annual
24		adjusted gross receipts for the current year minus the
25		difference between an amount equal to the average annual
26		adjusted gross receipts from a riverboat or casino

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1		conducting gambling operations in the City of East St.
2		Louis for 3 years preceding the current year and the
3		annual adjusted gross receipts for the immediately
4		preceding year.
5		(a-6) From June 28, 2019 (the effective date of Public Act
6		101-31) until June 30, 2023, an owners licensee that conducted
7		gambling operations prior to January 1, 2011 shall receive a
8		dollar-for-dollar credit against the tax imposed under this
9		Section for any renovation or construction costs paid by the
10		owners licensee, but in no event shall the credit exceed
11		$2,000,000.
12		Additionally, from June 28, 2019 (the effective date of
13		Public Act 101-31) until December 31, 2024, an owners licensee
14		that (i) is located within 15 miles of the Missouri border, and
15		(ii) has at least 3 riverboats, casinos, or their equivalent
16		within a 45-mile radius, may be authorized to relocate to a new
17		location with the approval of both the unit of local
18		government designated as the home dock and the Board, so long
19		as the new location is within the same unit of local government
20		and no more than 3 miles away from its original location. Such
21		owners licensee shall receive a credit against the tax imposed
22		under this Section equal to 8% of the total project costs, as
23		approved by the Board, for any renovation or construction
24		costs paid by the owners licensee for the construction of the
25		new facility, provided that the new facility is operational by
26		July 1, 2024. In determining whether or not to approve a

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1		relocation, the Board must consider the extent to which the
2		relocation will diminish the gaming revenues received by other
3		Illinois gaming facilities.
4		(a-7) Beginning in the initial adjustment year and through
5		the final adjustment year, if the total obligation imposed
6		pursuant to either subsection (a-5) or (a-6) will result in an
7		owners licensee receiving less after-tax adjusted gross
8		receipts than it received in calendar year 2018, then the
9		total amount of privilege taxes that the owners licensee is
10		required to pay for that calendar year shall be reduced to the
11		extent necessary so that the after-tax adjusted gross receipts
12		in that calendar year equals the after-tax adjusted gross
13		receipts in calendar year 2018, but the privilege tax
14		reduction shall not exceed the annual adjustment cap. If
15		pursuant to this subsection (a-7), the total obligation
16		imposed pursuant to either subsection (a-5) or (a-6) shall be
17		reduced, then the owners licensee shall not receive a refund
18		from the State at the end of the subject calendar year but
19		instead shall be able to apply that amount as a credit against
20		any payments it owes to the State in the following calendar
21		year to satisfy its total obligation under either subsection
22		(a-5) or (a-6). The credit for the final adjustment year shall
23		occur in the calendar year following the final adjustment
24		year.
25		If an owners licensee that conducted gambling operations
26		prior to January 1, 2019 expands its riverboat or casino,

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1		including, but not limited to, with respect to its gaming
2		floor, additional non-gaming amenities such as restaurants,
3		bars, and hotels and other additional facilities, and incurs
4		construction and other costs related to such expansion from
5		June 28, 2019 (the effective date of Public Act 101-31) until
6		June 28, 2024 (the 5th anniversary of the effective date of
7		Public Act 101-31), then for each $15,000,000 spent for any
8		such construction or other costs related to expansion paid by
9		the owners licensee, the final adjustment year shall be
10		extended by one year and the annual adjustment cap shall
11		increase by 0.2% of adjusted gross receipts during each
12		calendar year until and including the final adjustment year.
13		No further modifications to the final adjustment year or
14		annual adjustment cap shall be made after $75,000,000 is
15		incurred in construction or other costs related to expansion
16		so that the final adjustment year shall not extend beyond the
17		9th calendar year after the initial adjustment year, not
18		including the initial adjustment year, and the annual
19		adjustment cap shall not exceed 4% of adjusted gross receipts
20		in a particular calendar year. Construction and other costs
21		related to expansion shall include all project related costs,
22		including, but not limited to, all hard and soft costs,
23		financing costs, on or off-site ground, road or utility work,
24		cost of gaming equipment and all other personal property,
25		initial fees assessed for each incremental gaming position,
26		and the cost of incremental land acquired for such expansion.

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1		Soft costs shall include, but not be limited to, legal fees,
2		architect, engineering and design costs, other consultant
3		costs, insurance cost, permitting costs, and pre-opening costs
4		related to the expansion, including, but not limited to, any
5		of the following: marketing, real estate taxes, personnel,
6		training, travel and out-of-pocket expenses, supply,
7		inventory, and other costs, and any other project related soft
8		costs.
9		To be eligible for the tax credits in subsection (a-6),
10		all construction contracts shall include a requirement that
11		the contractor enter into a project labor agreement with the
12		building and construction trades council with geographic
13		jurisdiction of the location of the proposed gaming facility.
14		Notwithstanding any other provision of this subsection
15		(a-7), this subsection (a-7) does not apply to an owners
16		licensee unless such owners licensee spends at least
17		$15,000,000 on construction and other costs related to its
18		expansion, excluding the initial fees assessed for each
19		incremental gaming position.
20		This subsection (a-7) does not apply to owners licensees
21		authorized pursuant to subsection (e-5) of Section 7 of this
22		Act.
23		For purposes of this subsection (a-7):
24		"Building and construction trades council" means any
25		organization representing multiple construction entities that
26		are monitoring or attentive to compliance with public or

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1		workers' safety laws, wage and hour requirements, or other
2		statutory requirements or that are making or maintaining
3		collective bargaining agreements.
4		"Initial adjustment year" means the year commencing on
5		January 1 of the calendar year immediately following the
6		earlier of the following:
7		(1) the commencement of gambling operations, either in
8		a temporary or permanent facility, with respect to the
9		owners license authorized under paragraph (1) of
10		subsection (e-5) of Section 7 of this Act; or
11		(2) June 28, 2021 (24 months after the effective date
12		of Public Act 101-31);
13		provided the initial adjustment year shall not commence
14		earlier than June 28, 2020 (12 months after the effective date
15		of Public Act 101-31).
16		"Final adjustment year" means the 2nd calendar year after
17		the initial adjustment year, not including the initial
18		adjustment year, and as may be extended further as described
19		in this subsection (a-7).
20		"Annual adjustment cap" means 3% of adjusted gross
21		receipts in a particular calendar year, and as may be
22		increased further as otherwise described in this subsection
23		(a-7).
24		(a-8) Riverboat gambling operations conducted by a
25		licensed manager on behalf of the State are not subject to the
26		tax imposed under this Section.

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1		(a-9) Beginning on January 1, 2020, the calculation of
2		gross receipts or adjusted gross receipts, for the purposes of
3		this Section, for a riverboat, a casino, or an organization
4		gaming facility shall not include the dollar amount of
5		non-cashable vouchers, coupons, and electronic promotions
6		redeemed by wagerers upon the riverboat, in the casino, or in
7		the organization gaming facility up to and including an amount
8		not to exceed 20% of a riverboat's, a casino's, or an
9		organization gaming facility's adjusted gross receipts.
10		The Illinois Gaming Board shall submit to the General
11		Assembly a comprehensive report no later than March 31, 2023
12		detailing, at a minimum, the effect of removing non-cashable
13		vouchers, coupons, and electronic promotions from this
14		calculation on net gaming revenues to the State in calendar
15		years 2020 through 2022, the increase or reduction in wagerers
16		as a result of removing non-cashable vouchers, coupons, and
17		electronic promotions from this calculation, the effect of the
18		tax rates in subsection (a-5) on net gaming revenues to this
19		State, and proposed modifications to the calculation.
20		(a-10) The taxes imposed by this Section shall be paid by
21		the licensed owner or the organization gaming licensee to the
22		Board not later than 5:00 o'clock p.m. of the day after the day
23		when the wagers were made.
24		(a-15) If the privilege tax imposed under subsection (a-3)
25		is no longer imposed pursuant to item (i) of the last paragraph
26		of subsection (a-3), then by June 15 of each year, each owners

HB3817 Enrolled - 712 - LRB103 30519 DTM 56952 b
1		licensee, other than an owners licensee that admitted
2		1,000,000 persons or fewer in calendar year 2004, must, in
3		addition to the payment of all amounts otherwise due under
4		this Section, pay to the Board a reconciliation payment in the
5		amount, if any, by which the licensed owner's base amount
6		exceeds the amount of net privilege tax paid by the licensed
7		owner to the Board in the then current State fiscal year. A
8		licensed owner's net privilege tax obligation due for the
9		balance of the State fiscal year shall be reduced up to the
10		total of the amount paid by the licensed owner in its June 15
11		reconciliation payment. The obligation imposed by this
12		subsection (a-15) is binding on any person, firm, corporation,
13		or other entity that acquires an ownership interest in any
14		such owners license. The obligation imposed under this
15		subsection (a-15) terminates on the earliest of: (i) July 1,
16		2007, (ii) the first day after August 23, 2005 (the effective
17		date of Public Act 94-673) that riverboat gambling operations
18		are conducted pursuant to a dormant license, (iii) the first
19		day that riverboat gambling operations are conducted under the
20		authority of an owners license that is in addition to the 10
21		owners licenses initially authorized under this Act, or (iv)
22		the first day that a licensee under the Illinois Horse Racing
23		Act of 1975 conducts gaming operations with slot machines or
24		other electronic gaming devices. The Board must reduce the
25		obligation imposed under this subsection (a-15) by an amount
26		the Board deems reasonable for any of the following reasons:

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1		(A) an act or acts of God, (B) an act of bioterrorism or
2		terrorism or a bioterrorism or terrorism threat that was
3		investigated by a law enforcement agency, or (C) a condition
4		beyond the control of the owners licensee that does not result
5		from any act or omission by the owners licensee or any of its
6		agents and that poses a hazardous threat to the health and
7		safety of patrons. If an owners licensee pays an amount in
8		excess of its liability under this Section, the Board shall
9		apply the overpayment to future payments required under this
10		Section.
11		For purposes of this subsection (a-15):
12		"Act of God" means an incident caused by the operation of
13		an extraordinary force that cannot be foreseen, that cannot be
14		avoided by the exercise of due care, and for which no person
15		can be held liable.
16		"Base amount" means the following:
17		For a riverboat in Alton, $31,000,000.
18		For a riverboat in East Peoria, $43,000,000.
19		For the Empress riverboat in Joliet, $86,000,000.
20		For a riverboat in Metropolis, $45,000,000.
21		For the Harrah's riverboat in Joliet, $114,000,000.
22		For a riverboat in Aurora, $86,000,000.
23		For a riverboat in East St. Louis, $48,500,000.
24		For a riverboat in Elgin, $198,000,000.
25		"Dormant license" has the meaning ascribed to it in
26		subsection (a-3).

HB3817 Enrolled - 714 - LRB103 30519 DTM 56952 b
1		"Net privilege tax" means all privilege taxes paid by a
2		licensed owner to the Board under this Section, less all
3		payments made from the State Gaming Fund pursuant to
4		subsection (b) of this Section.
5		The changes made to this subsection (a-15) by Public Act
6		94-839 are intended to restate and clarify the intent of
7		Public Act 94-673 with respect to the amount of the payments
8		required to be made under this subsection by an owners
9		licensee to the Board.
10		(b) From the tax revenue from riverboat or casino gambling
11		deposited in the State Gaming Fund under this Section, an
12		amount equal to 5% of adjusted gross receipts generated by a
13		riverboat or a casino, other than a riverboat or casino
14		designated in paragraph (1), (3), or (4) of subsection (e-5)
15		of Section 7, shall be paid monthly, subject to appropriation
16		by the General Assembly, to the unit of local government in
17		which the casino is located or that is designated as the home
18		dock of the riverboat. Notwithstanding anything to the
19		contrary, beginning on the first day that an owners licensee
20		under paragraph (1), (2), (3), (4), (5), or (6) of subsection
21		(e-5) of Section 7 conducts gambling operations, either in a
22		temporary facility or a permanent facility, and for 2 years
23		thereafter, a unit of local government designated as the home
24		dock of a riverboat whose license was issued before January 1,
25		2019, other than a riverboat conducting gambling operations in
26		the City of East St. Louis, shall not receive less under this

HB3817 Enrolled - 715 - LRB103 30519 DTM 56952 b
1		subsection (b) than the amount the unit of local government
2		received under this subsection (b) in calendar year 2018.
3		Notwithstanding anything to the contrary and because the City
4		of East St. Louis is a financially distressed city, beginning
5		on the first day that an owners licensee under paragraph (1),
6		(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7
7		conducts gambling operations, either in a temporary facility
8		or a permanent facility, and for 10 years thereafter, a unit of
9		local government designated as the home dock of a riverboat
10		conducting gambling operations in the City of East St. Louis
11		shall not receive less under this subsection (b) than the
12		amount the unit of local government received under this
13		subsection (b) in calendar year 2018.
14		From the tax revenue deposited in the State Gaming Fund
15		pursuant to riverboat or casino gambling operations conducted
16		by a licensed manager on behalf of the State, an amount equal
17		to 5% of adjusted gross receipts generated pursuant to those
18		riverboat or casino gambling operations shall be paid monthly,
19		subject to appropriation by the General Assembly, to the unit
20		of local government that is designated as the home dock of the
21		riverboat upon which those riverboat gambling operations are
22		conducted or in which the casino is located.
23		From the tax revenue from riverboat or casino gambling
24		deposited in the State Gaming Fund under this Section, an
25		amount equal to 5% of the adjusted gross receipts generated by
26		a riverboat designated in paragraph (3) of subsection (e-5) of

HB3817 Enrolled - 716 - LRB103 30519 DTM 56952 b
1		Section 7 shall be divided and remitted monthly, subject to
2		appropriation, as follows: 70% to Waukegan, 10% to Park City,
3		15% to North Chicago, and 5% to Lake County.
4		From the tax revenue from riverboat or casino gambling
5		deposited in the State Gaming Fund under this Section, an
6		amount equal to 5% of the adjusted gross receipts generated by
7		a riverboat designated in paragraph (4) of subsection (e-5) of
8		Section 7 shall be remitted monthly, subject to appropriation,
9		as follows: 70% to the City of Rockford, 5% to the City of
10		Loves Park, 5% to the Village of Machesney, and 20% to
11		Winnebago County.
12		From the tax revenue from riverboat or casino gambling
13		deposited in the State Gaming Fund under this Section, an
14		amount equal to 5% of the adjusted gross receipts generated by
15		a riverboat designated in paragraph (5) of subsection (e-5) of
16		Section 7 shall be remitted monthly, subject to appropriation,
17		as follows: 2% to the unit of local government in which the
18		riverboat or casino is located, and 3% shall be distributed:
19		(A) in accordance with a regional capital development plan
20		entered into by the following communities: Village of Beecher,
21		City of Blue Island, Village of Burnham, City of Calumet City,
22		Village of Calumet Park, City of Chicago Heights, City of
23		Country Club Hills, Village of Crestwood, Village of Crete,
24		Village of Dixmoor, Village of Dolton, Village of East Hazel
25		Crest, Village of Flossmoor, Village of Ford Heights, Village
26		of Glenwood, City of Harvey, Village of Hazel Crest, Village

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1		of Homewood, Village of Lansing, Village of Lynwood, City of
2		Markham, Village of Matteson, Village of Midlothian, Village
3		of Monee, City of Oak Forest, Village of Olympia Fields,
4		Village of Orland Hills, Village of Orland Park, City of Palos
5		Heights, Village of Park Forest, Village of Phoenix, Village
6		of Posen, Village of Richton Park, Village of Riverdale,
7		Village of Robbins, Village of Sauk Village, Village of South
8		Chicago Heights, Village of South Holland, Village of Steger,
9		Village of Thornton, Village of Tinley Park, Village of
10		University Park, and Village of Worth; or (B) if no regional
11		capital development plan exists, equally among the communities
12		listed in item (A) to be used for capital expenditures or
13		public pension payments, or both.
14		Units of local government may refund any portion of the
15		payment that they receive pursuant to this subsection (b) to
16		the riverboat or casino.
17		(b-4) Beginning on the first day the licensee under
18		paragraph (5) of subsection (e-5) of Section 7 conducts
19		gambling operations, either in a temporary facility or a
20		permanent facility, and ending on July 31, 2042, from the tax
21		revenue deposited in the State Gaming Fund under this Section,
22		$5,000,000 shall be paid annually, subject to appropriation,
23		to the host municipality of that owners licensee of a license
24		issued or re-issued pursuant to Section 7.1 of this Act before
25		January 1, 2012. Payments received by the host municipality
26		pursuant to this subsection (b-4) may not be shared with any

HB3817 Enrolled - 718 - LRB103 30519 DTM 56952 b
1		other unit of local government.
2		(b-5) Beginning on June 28, 2019 (the effective date of
3		Public Act 101-31), from the tax revenue deposited in the
4		State Gaming Fund under this Section, an amount equal to 3% of
5		adjusted gross receipts generated by each organization gaming
6		facility located outside Madison County shall be paid monthly,
7		subject to appropriation by the General Assembly, to a
8		municipality other than the Village of Stickney in which each
9		organization gaming facility is located or, if the
10		organization gaming facility is not located within a
11		municipality, to the county in which the organization gaming
12		facility is located, except as otherwise provided in this
13		Section. From the tax revenue deposited in the State Gaming
14		Fund under this Section, an amount equal to 3% of adjusted
15		gross receipts generated by an organization gaming facility
16		located in the Village of Stickney shall be paid monthly,
17		subject to appropriation by the General Assembly, as follows:
18		25% to the Village of Stickney, 5% to the City of Berwyn, 50%
19		to the Town of Cicero, and 20% to the Stickney Public Health
20		District.
21		From the tax revenue deposited in the State Gaming Fund
22		under this Section, an amount equal to 5% of adjusted gross
23		receipts generated by an organization gaming facility located
24		in the City of Collinsville shall be paid monthly, subject to
25		appropriation by the General Assembly, as follows: 30% to the
26		City of Alton, 30% to the City of East St. Louis, and 40% to

HB3817 Enrolled - 719 - LRB103 30519 DTM 56952 b
1		the City of Collinsville.
2		Municipalities and counties may refund any portion of the
3		payment that they receive pursuant to this subsection (b-5) to
4		the organization gaming facility.
5		(b-6) Beginning on June 28, 2019 (the effective date of
6		Public Act 101-31), from the tax revenue deposited in the
7		State Gaming Fund under this Section, an amount equal to 2% of
8		adjusted gross receipts generated by an organization gaming
9		facility located outside Madison County shall be paid monthly,
10		subject to appropriation by the General Assembly, to the
11		county in which the organization gaming facility is located
12		for the purposes of its criminal justice system or health care
13		system.
14		Counties may refund any portion of the payment that they
15		receive pursuant to this subsection (b-6) to the organization
16		gaming facility.
17		(b-7) From the tax revenue from the organization gaming
18		licensee located in one of the following townships of Cook
19		County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or
20		Worth, an amount equal to 5% of the adjusted gross receipts
21		generated by that organization gaming licensee shall be
22		remitted monthly, subject to appropriation, as follows: 2% to
23		the unit of local government in which the organization gaming
24		licensee is located, and 3% shall be distributed: (A) in
25		accordance with a regional capital development plan entered
26		into by the following communities: Village of Beecher, City of

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1		Blue Island, Village of Burnham, City of Calumet City, Village
2		of Calumet Park, City of Chicago Heights, City of Country Club
3		Hills, Village of Crestwood, Village of Crete, Village of
4		Dixmoor, Village of Dolton, Village of East Hazel Crest,
5		Village of Flossmoor, Village of Ford Heights, Village of
6		Glenwood, City of Harvey, Village of Hazel Crest, Village of
7		Homewood, Village of Lansing, Village of Lynwood, City of
8		Markham, Village of Matteson, Village of Midlothian, Village
9		of Monee, City of Oak Forest, Village of Olympia Fields,
10		Village of Orland Hills, Village of Orland Park, City of Palos
11		Heights, Village of Park Forest, Village of Phoenix, Village
12		of Posen, Village of Richton Park, Village of Riverdale,
13		Village of Robbins, Village of Sauk Village, Village of South
14		Chicago Heights, Village of South Holland, Village of Steger,
15		Village of Thornton, Village of Tinley Park, Village of
16		University Park, and Village of Worth; or (B) if no regional
17		capital development plan exists, equally among the communities
18		listed in item (A) to be used for capital expenditures or
19		public pension payments, or both.
20		(b-8) In lieu of the payments under subsection (b) of this
21		Section, from the tax revenue deposited in the State Gaming
22		Fund pursuant to riverboat or casino gambling operations
23		conducted by an owners licensee under paragraph (1) of
24		subsection (e-5) of Section 7, an amount equal to the tax
25		revenue generated from the privilege tax imposed by paragraph
26		(2) of subsection (a-5) that is to be paid to the City of

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1		Chicago shall be paid monthly, subject to appropriation by the
2		General Assembly, as follows: (1) an amount equal to 0.5% of
3		the annual adjusted gross receipts generated by the owners
4		licensee under paragraph (1) of subsection (e-5) of Section 7
5		to the home rule county in which the owners licensee is located
6		for the purpose of enhancing the county's criminal justice
7		system; and (2) the balance to the City of Chicago and shall be
8		expended or obligated by the City of Chicago for pension
9		payments in accordance with Public Act 99-506.
10		(c) Appropriations, as approved by the General Assembly,
11		may be made from the State Gaming Fund to the Board (i) for the
12		administration and enforcement of this Act and the Video
13		Gaming Act, (ii) for distribution to the Illinois State Police
14		and to the Department of Revenue for the enforcement of this
15		Act and the Video Gaming Act, and (iii) to the Department of
16		Human Services for the administration of programs to treat
17		problem gambling, including problem gambling from sports
18		wagering. The Board's annual appropriations request must
19		separately state its funding needs for the regulation of
20		gaming authorized under Section 7.7, riverboat gaming, casino
21		gaming, video gaming, and sports wagering.
22		(c-2) An amount equal to 2% of the adjusted gross receipts
23		generated by an organization gaming facility located within a
24		home rule county with a population of over 3,000,000
25		inhabitants shall be paid, subject to appropriation from the
26		General Assembly, from the State Gaming Fund to the home rule

HB3817 Enrolled - 722 - LRB103 30519 DTM 56952 b
1		county in which the organization gaming licensee is located
2		for the purpose of enhancing the county's criminal justice
3		system.
4		(c-3) Appropriations, as approved by the General Assembly,
5		may be made from the tax revenue deposited into the State
6		Gaming Fund from organization gaming licensees pursuant to
7		this Section for the administration and enforcement of this
8		Act.
9		(c-4) After payments required under subsections (b),
10		(b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from
11		the tax revenue from organization gaming licensees deposited
12		into the State Gaming Fund under this Section, all remaining
13		amounts from organization gaming licensees shall be
14		transferred into the Capital Projects Fund.
15		(c-5) (Blank).
16		(c-10) Each year the General Assembly shall appropriate
17		from the General Revenue Fund to the Education Assistance Fund
18		an amount equal to the amount paid into the Horse Racing Equity
19		Fund pursuant to subsection (c-5) in the prior calendar year.
20		(c-15) After the payments required under subsections (b),
21		(c), and (c-5) have been made, an amount equal to 2% of the
22		adjusted gross receipts of (1) an owners licensee that
23		relocates pursuant to Section 11.2, (2) an owners licensee
24		conducting riverboat gambling operations pursuant to an owners
25		license that is initially issued after June 25, 1999, or (3)
26		the first riverboat gambling operations conducted by a

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1		licensed manager on behalf of the State under Section 7.3,
2		whichever comes first, shall be paid, subject to appropriation
3		from the General Assembly, from the State Gaming Fund to each
4		home rule county with a population of over 3,000,000
5		inhabitants for the purpose of enhancing the county's criminal
6		justice system.
7		(c-20) Each year the General Assembly shall appropriate
8		from the General Revenue Fund to the Education Assistance Fund
9		an amount equal to the amount paid to each home rule county
10		with a population of over 3,000,000 inhabitants pursuant to
11		subsection (c-15) in the prior calendar year.
12		(c-21) After the payments required under subsections (b),
13		(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have
14		been made, an amount equal to 0.5% of the adjusted gross
15		receipts generated by the owners licensee under paragraph (1)
16		of subsection (e-5) of Section 7 shall be paid monthly,
17		subject to appropriation from the General Assembly, from the
18		State Gaming Fund to the home rule county in which the owners
19		licensee is located for the purpose of enhancing the county's
20		criminal justice system.
21		(c-22) After the payments required under subsections (b),
22		(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and
23		(c-21) have been made, an amount equal to 2% of the adjusted
24		gross receipts generated by the owners licensee under
25		paragraph (5) of subsection (e-5) of Section 7 shall be paid,
26		subject to appropriation from the General Assembly, from the

HB3817 Enrolled - 724 - LRB103 30519 DTM 56952 b
1		State Gaming Fund to the home rule county in which the owners
2		licensee is located for the purpose of enhancing the county's
3		criminal justice system.
4		(c-25) From July 1, 2013 and each July 1 thereafter
5		through July 1, 2019, $1,600,000 shall be transferred from the
6		State Gaming Fund to the Chicago State University Education
7		Improvement Fund.
8		On July 1, 2020 and each July 1 thereafter, $3,000,000
9		shall be transferred from the State Gaming Fund to the Chicago
10		State University Education Improvement Fund.
11		(c-30) On July 1, 2013 or as soon as possible thereafter,
12		$92,000,000 shall be transferred from the State Gaming Fund to
13		the School Infrastructure Fund and $23,000,000 shall be
14		transferred from the State Gaming Fund to the Horse Racing
15		Equity Fund.
16		(c-35) Beginning on July 1, 2013, in addition to any
17		amount transferred under subsection (c-30) of this Section,
18		$5,530,000 shall be transferred monthly from the State Gaming
19		Fund to the School Infrastructure Fund.
20		(d) From time to time, through June 30, 2021, the Board
21		shall transfer the remainder of the funds generated by this
22		Act into the Education Assistance Fund.
23		(d-5) Beginning on July 1, 2021, on the last day of each
24		month, or as soon thereafter as possible, after all the
25		required expenditures, distributions, and transfers have been
26		made from the State Gaming Fund for the month pursuant to

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1		subsections (b) through (c-35), at the direction of the Board,
2		the Comptroller shall direct and the Treasurer shall transfer
3		$22,500,000, along with any deficiencies in such amounts from
4		prior months in the same fiscal year, from the State Gaming
5		Fund to the Education Assistance Fund; then, at the direction
6		of the Board, the Comptroller shall direct and the Treasurer
7		shall transfer the remainder of the funds generated by this
8		Act, if any, from the State Gaming Fund to the Capital Projects
9		Fund.
10		(e) Nothing in this Act shall prohibit the unit of local
11		government designated as the home dock of the riverboat from
12		entering into agreements with other units of local government
13		in this State or in other states to share its portion of the
14		tax revenue.
15		(f) To the extent practicable, the Board shall administer
16		and collect the wagering taxes imposed by this Section in a
17		manner consistent with the provisions of Sections 4, 5, 5a,
18		5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of
19		the Retailers' Occupation Tax Act and Section 3-7 of the
20		Uniform Penalty and Interest Act.
21		(Source: P.A. 101-31, Article 25, Section 25-910, eff.
22		6-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19;
23		101-648, eff. 6-30-20; 102-16, eff. 6-17-21; 102-538, eff.
24		8-20-21; 102-689, eff. 12-17-21; 102-699, eff. 4-19-22.)
25		Article 115.

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1		Section 115-5. The Cannabis Regulation and Tax Act is
2		amended by changing Sections 15-25, 15-35, and 15-35.10 as
3		follows:
4		(410 ILCS 705/15-25)
5		Sec. 15-25. Awarding of Conditional Adult Use Dispensing
6		Organization Licenses prior to January 1, 2021.
7		(a) The Department shall issue up to 75 Conditional Adult
8		Use Dispensing Organization Licenses before May 1, 2020.
9		(b) The Department shall make the application for a
10		Conditional Adult Use Dispensing Organization License
11		available no later than October 1, 2019 and shall accept
12		applications no later than January 1, 2020.
13		(c) To ensure the geographic dispersion of Conditional
14		Adult Use Dispensing Organization License holders, the
15		following number of licenses shall be awarded in each BLS
16		Region as determined by each region's percentage of the
17		State's population:
18		(1) Bloomington: 1
19		(2) Cape Girardeau: 1
20		(3) Carbondale-Marion: 1
21		(4) Champaign-Urbana: 1
22		(5) Chicago-Naperville-Elgin: 47
23		(6) Danville: 1
24		(7) Davenport-Moline-Rock Island: 1

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1		(8) Decatur: 1
2		(9) Kankakee: 1
3		(10) Peoria: 3
4		(11) Rockford: 2
5		(12) St. Louis: 4
6		(13) Springfield: 1
7		(14) Northwest Illinois nonmetropolitan: 3
8		(15) West Central Illinois nonmetropolitan: 3
9		(16) East Central Illinois nonmetropolitan: 2
10		(17) South Illinois nonmetropolitan: 2
11		(d) An applicant seeking issuance of a Conditional Adult
12		Use Dispensing Organization License shall submit an
13		application on forms provided by the Department. An applicant
14		must meet the following requirements:
15		(1) Payment of a nonrefundable application fee of
16		$5,000 for each license for which the applicant is
17		applying, which shall be deposited into the Cannabis
18		Regulation Fund;
19		(2) Certification that the applicant will comply with
20		the requirements contained in this Act;
21		(3) The legal name of the proposed dispensing
22		organization;
23		(4) A statement that the dispensing organization
24		agrees to respond to the Department's supplemental
25		requests for information;
26		(5) From each principal officer, a statement

HB3817 Enrolled - 728 - LRB103 30519 DTM 56952 b
1		indicating whether that person:
2		(A) has previously held or currently holds an
3		ownership interest in a cannabis business
4		establishment in Illinois; or
5		(B) has held an ownership interest in a dispensing
6		organization or its equivalent in another state or
7		territory of the United States that had the dispensing
8		organization registration or license suspended,
9		revoked, placed on probationary status, or subjected
10		to other disciplinary action;
11		(6) Disclosure of whether any principal officer has
12		ever filed for bankruptcy or defaulted on spousal support
13		or child support obligation;
14		(7) A resume for each principal officer, including
15		whether that person has an academic degree, certification,
16		or relevant experience with a cannabis business
17		establishment or in a related industry;
18		(8) A description of the training and education that
19		will be provided to dispensing organization agents;
20		(9) A copy of the proposed operating bylaws;
21		(10) A copy of the proposed business plan that
22		complies with the requirements in this Act, including, at
23		a minimum, the following:
24		(A) A description of services to be offered; and
25		(B) A description of the process of dispensing
26		cannabis;

HB3817 Enrolled - 729 - LRB103 30519 DTM 56952 b
1		(11) A copy of the proposed security plan that
2		complies with the requirements in this Article, including:
3		(A) The process or controls that will be
4		implemented to monitor the dispensary, secure the
5		premises, agents, and currency, and prevent the
6		diversion, theft, or loss of cannabis; and
7		(B) The process to ensure that access to the
8		restricted access areas is restricted to, registered
9		agents, service professionals, transporting
10		organization agents, Department inspectors, and
11		security personnel;
12		(12) A proposed inventory control plan that complies
13		with this Section;
14		(13) A proposed floor plan, a square footage estimate,
15		and a description of proposed security devices, including,
16		without limitation, cameras, motion detectors, servers,
17		video storage capabilities, and alarm service providers;
18		(14) The name, address, social security number, and
19		date of birth of each principal officer and board member
20		of the dispensing organization; each of those individuals
21		shall be at least 21 years of age;
22		(15) Evidence of the applicant's status as a Social
23		Equity Applicant, if applicable, and whether a Social
24		Equity Applicant plans to apply for a loan or grant issued
25		by the Department of Commerce and Economic Opportunity;
26		(16) The address, telephone number, and email address

HB3817 Enrolled - 730 - LRB103 30519 DTM 56952 b
1		of the applicant's principal place of business, if
2		applicable. A post office box is not permitted;
3		(17) Written summaries of any information regarding
4		instances in which a business or not-for-profit that a
5		prospective board member previously managed or served on
6		were fined or censured, or any instances in which a
7		business or not-for-profit that a prospective board member
8		previously managed or served on had its registration
9		suspended or revoked in any administrative or judicial
10		proceeding;
11		(18) A plan for community engagement;
12		(19) Procedures to ensure accurate recordkeeping and
13		security measures that are in accordance with this Article
14		and Department rules;
15		(20) The estimated volume of cannabis it plans to
16		store at the dispensary;
17		(21) A description of the features that will provide
18		accessibility to purchasers as required by the Americans
19		with Disabilities Act;
20		(22) A detailed description of air treatment systems
21		that will be installed to reduce odors;
22		(23) A reasonable assurance that the issuance of a
23		license will not have a detrimental impact on the
24		community in which the applicant wishes to locate;
25		(24) The dated signature of each principal officer;
26		(25) A description of the enclosed, locked facility

HB3817 Enrolled - 731 - LRB103 30519 DTM 56952 b
1		where cannabis will be stored by the dispensing
2		organization;
3		(26) Signed statements from each dispensing
4		organization agent stating that he or she will not divert
5		cannabis;
6		(27) The number of licenses it is applying for in each
7		BLS Region;
8		(28) A diversity plan that includes a narrative of at
9		least 2,500 words that establishes a goal of diversity in
10		ownership, management, employment, and contracting to
11		ensure that diverse participants and groups are afforded
12		equality of opportunity;
13		(29) A contract with a private security contractor
14		agency that is licensed under Section 10-5 of the Private
15		Detective, Private Alarm, Private Security, Fingerprint
16		Vendor, and Locksmith Act of 2004 in order for the
17		dispensary to have adequate security at its facility; and
18		(30) Other information deemed necessary by the
19		Illinois Cannabis Regulation Oversight Officer to conduct
20		the disparity and availability study referenced in
21		subsection (e) of Section 5-45.
22		(e) An applicant who receives a Conditional Adult Use
23		Dispensing Organization License under this Section has 180
24		days from the date of award to identify a physical location for
25		the dispensing organization retail storefront. The applicant
26		shall provide evidence that the location is not within 1,500

HB3817 Enrolled - 732 - LRB103 30519 DTM 56952 b
1		feet of an existing dispensing organization, unless the
2		applicant is a Social Equity Applicant or Social Equity
3		Justice Involved Applicant located or seeking to locate within
4		1,500 feet of a dispensing organization licensed under Section
5		15-15 or Section 15-20. If an applicant is unable to find a
6		suitable physical address in the opinion of the Department
7		within 180 days of the issuance of the Conditional Adult Use
8		Dispensing Organization License, the Department may extend the
9		period for finding a physical address an additional 540
10		another 180 days if the Conditional Adult Use Dispensing
11		Organization License holder demonstrates concrete attempts to
12		secure a location and a hardship. If the Department denies the
13		extension or the Conditional Adult Use Dispensing Organization
14		License holder is unable to find a location or become
15		operational within 720 360 days of being awarded a conditional
16		license, the Department shall rescind the conditional license
17		and award it to the next highest scoring applicant in the BLS
18		Region for which the license was assigned, provided the
19		applicant receiving the license: (i) confirms a continued
20		interest in operating a dispensing organization; (ii) can
21		provide evidence that the applicant continues to meet all
22		requirements for holding a Conditional Adult Use Dispensing
23		Organization License set forth in this Act; and (iii) has not
24		otherwise become ineligible to be awarded a dispensing
25		organization license. If the new awardee is unable to accept
26		the Conditional Adult Use Dispensing Organization License, the

HB3817 Enrolled - 733 - LRB103 30519 DTM 56952 b
1		Department shall award the Conditional Adult Use Dispensing
2		Organization License to the next highest scoring applicant in
3		the same manner. The new awardee shall be subject to the same
4		required deadlines as provided in this subsection.
5		(e-5) If, within 720 180 days of being awarded a
6		Conditional Adult Use Dispensing Organization License, a
7		dispensing organization is unable to find a location within
8		the BLS Region in which it was awarded a Conditional Adult Use
9		Dispensing Organization License because no jurisdiction within
10		the BLS Region allows for the operation of an Adult Use
11		Dispensing Organization, the Department of Financial and
12		Professional Regulation may authorize the Conditional Adult
13		Use Dispensing Organization License holder to transfer its
14		license to a BLS Region specified by the Department.
15		(f) A dispensing organization that is awarded a
16		Conditional Adult Use Dispensing Organization License pursuant
17		to the criteria in Section 15-30 shall not purchase, possess,
18		sell, or dispense cannabis or cannabis-infused products until
19		the person has received an Adult Use Dispensing Organization
20		License issued by the Department pursuant to Section 15-36 of
21		this Act.
22		(g) The Department shall conduct a background check of the
23		prospective organization agents in order to carry out this
24		Article. The Illinois State Police shall charge the applicant
25		a fee for conducting the criminal history record check, which
26		shall be deposited into the State Police Services Fund and

HB3817 Enrolled - 734 - LRB103 30519 DTM 56952 b
1		shall not exceed the actual cost of the record check. Each
2		person applying as a dispensing organization agent shall
3		submit a full set of fingerprints to the Illinois State Police
4		for the purpose of obtaining a State and federal criminal
5		records check. These fingerprints shall be checked against the
6		fingerprint records now and hereafter, to the extent allowed
7		by law, filed in the Illinois State Police and Federal Bureau
8		of Identification criminal history records databases. The
9		Illinois State Police shall furnish, following positive
10		identification, all Illinois conviction information to the
11		Department.
12		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
13		102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
14		5-13-22.)
15		(410 ILCS 705/15-35)
16		Sec. 15-35. Qualifying Applicant Lottery for Conditional
17		Adult Use Dispensing Organization Licenses.
18		(a) In addition to any of the licenses issued under
19		Section 15-15, Section 15-20, Section 15-25, Section 15-30.20,
20		or Section 15-35.10 of this Act, within 10 business days after
21		the resulting final scores for all scored applications
22		pursuant to Sections 15-25 and 15-30 are released, the
23		Department shall issue up to 55 Conditional Adult Use
24		Dispensing Organization Licenses by lot, pursuant to the
25		application process adopted under this Section. In order to be

HB3817 Enrolled - 735 - LRB103 30519 DTM 56952 b
1		eligible to be awarded a Conditional Adult Use Dispensing
2		Organization License by lot under this Section, a Dispensary
3		Applicant must be a Qualifying Applicant.
4		The licenses issued under this Section shall be awarded in
5		each BLS Region in the following amounts:
6		(1) Bloomington: 1.
7		(2) Cape Girardeau: 1.
8		(3) Carbondale-Marion: 1.
9		(4) Champaign-Urbana: 1.
10		(5) Chicago-Naperville-Elgin: 36.
11		(6) Danville: 1.
12		(7) Davenport-Moline-Rock Island: 1.
13		(8) Decatur: 1.
14		(9) Kankakee: 1.
15		(10) Peoria: 2.
16		(11) Rockford: 1.
17		(12) St. Louis: 3.
18		(13) Springfield: 1.
19		(14) Northwest Illinois nonmetropolitan: 1.
20		(15) West Central Illinois nonmetropolitan: 1.
21		(16) East Central Illinois nonmetropolitan: 1.
22		(17) South Illinois nonmetropolitan: 1.
23		(a-5) Prior to issuing licenses under subsection (a), the
24		Department may adopt rules through emergency rulemaking in
25		accordance with subsection (kk) of Section 5-45 of the
26		Illinois Administrative Procedure Act. The General Assembly

HB3817 Enrolled - 736 - LRB103 30519 DTM 56952 b
1		finds that the adoption of rules to regulate cannabis use is
2		deemed an emergency and necessary for the public interest,
3		safety, and welfare.
4		(b) The Department shall distribute the available licenses
5		established under this Section subject to the following:
6		(1) The drawing by lot for all available licenses
7		issued under this Section shall occur on the same day when
8		practicable.
9		(2) Within each BLS Region, the first Qualifying
10		Applicant drawn will have the first right to an available
11		license. The second Qualifying Applicant drawn will have
12		the second right to an available license. The same pattern
13		will continue for each subsequent Qualifying Applicant
14		drawn.
15		(3) The process for distributing available licenses
16		under this Section shall be recorded by the Department in
17		a format selected by the Department.
18		(4) A Dispensary Applicant is prohibited from becoming
19		a Qualifying Applicant if a principal officer resigns
20		after the resulting final scores for all scored
21		applications pursuant to Sections 15-25 and 15-30 are
22		released.
23		(5) No Qualifying Applicant may be awarded more than 2
24		Conditional Adult Use Dispensing Organization Licenses at
25		the conclusion of a lottery conducted under this Section.
26		(6) No individual may be listed as a principal officer

HB3817 Enrolled - 737 - LRB103 30519 DTM 56952 b
1		of more than 2 Conditional Adult Use Dispensing
2		Organization Licenses awarded under this Section.
3		(7) If, upon being selected for an available license
4		established under this Section, a Qualifying Applicant
5		exceeds the limits under paragraph (5) or (6), the
6		Qualifying Applicant must choose which license to abandon
7		and notify the Department in writing within 5 business
8		days. If the Qualifying Applicant does not notify the
9		Department as required, the Department shall refuse to
10		issue the Qualifying Applicant all available licenses
11		established under this Section obtained by lot in all BLS
12		Regions.
13		(8) If, upon being selected for an available license
14		established under this Section, a Qualifying Applicant has
15		a principal officer who is a principal officer in more
16		than 10 Early Approval Adult Use Dispensing Organization
17		Licenses, Conditional Adult Use Dispensing Organization
18		Licenses, Adult Use Dispensing Organization Licenses, or
19		any combination thereof, the licensees and the Qualifying
20		Applicant listing that principal officer must choose which
21		license to abandon pursuant to subsection (d) of Section
22		15-36 and notify the Department in writing within 5
23		business days. If the Qualifying Applicant or licensees do
24		not notify the Department as required, the Department
25		shall refuse to issue the Qualifying Applicant all
26		available licenses established under this Section obtained

HB3817 Enrolled - 738 - LRB103 30519 DTM 56952 b
1		by lot in all BLS Regions.
2		(9) All available licenses that have been abandoned
3		under paragraph (7) or (8) shall be distributed to the
4		next Qualifying Applicant drawn by lot.
5		Any and all rights conferred or obtained under this
6		Section shall be limited to the provisions of this Section.
7		(c) An applicant who receives a Conditional Adult Use
8		Dispensing Organization License under this Section has 180
9		days from the date it is awarded to identify a physical
10		location for the dispensing organization's retail storefront.
11		The applicant shall provide evidence that the location is not
12		within 1,500 feet of an existing dispensing organization,
13		unless the applicant is a Social Equity Applicant or Social
14		Equity Justice Involved Applicant located or seeking to locate
15		within 1,500 feet of a dispensing organization licensed under
16		Section 15-15 or Section 15-20. If an applicant is unable to
17		find a suitable physical address in the opinion of the
18		Department within 180 days from the issuance of the
19		Conditional Adult Use Dispensing Organization License, the
20		Department may extend the period for finding a physical
21		address an additional 540 another 180 days if the Conditional
22		Adult Use Dispensing Organization License holder demonstrates
23		a concrete attempt to secure a location and a hardship. If the
24		Department denies the extension or the Conditional Adult Use
25		Dispensing Organization License holder is unable to find a
26		location or become operational within 720 360 days of being

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1		awarded a Conditional Adult Use Dispensing Organization
2		License under this Section, the Department shall rescind the
3		Conditional Adult Use Dispensing Organization License and
4		award it pursuant to subsection (b), provided the applicant
5		receiving the Conditional Adult Use Dispensing Organization
6		License: (i) confirms a continued interest in operating a
7		dispensing organization; (ii) can provide evidence that the
8		applicant continues to meet all requirements for holding a
9		Conditional Adult Use Dispensing Organization License set
10		forth in this Act; and (iii) has not otherwise become
11		ineligible to be awarded a Conditional Adult Use Dispensing
12		Organization License. If the new awardee is unable to accept
13		the Conditional Adult Use Dispensing Organization License, the
14		Department shall award the Conditional Adult Use Dispensing
15		Organization License pursuant to subsection (b). The new
16		awardee shall be subject to the same required deadlines as
17		provided in this subsection.
18		(d) If, within 720 180 days of being awarded a Conditional
19		Adult Use Dispensing Organization License, a dispensing
20		organization is unable to find a location within the BLS
21		Region in which it was awarded a Conditional Adult Use
22		Dispensing Organization License because no jurisdiction within
23		the BLS Region allows for the operation of an Adult Use
24		Dispensing Organization, the Department may authorize the
25		Conditional Adult Use Dispensing Organization License holder
26		to transfer its Conditional Adult Use Dispensing Organization

HB3817 Enrolled - 740 - LRB103 30519 DTM 56952 b
1		License to a BLS Region specified by the Department.
2		(e) A dispensing organization that is awarded a
3		Conditional Adult Use Dispensing Organization License under
4		this Section shall not purchase, possess, sell, or dispense
5		cannabis or cannabis-infused products until the dispensing
6		organization has received an Adult Use Dispensing Organization
7		License issued by the Department pursuant to Section 15-36.
8		(f) The Department shall conduct a background check of the
9		prospective dispensing organization agents in order to carry
10		out this Article. The Illinois State Police shall charge the
11		applicant a fee for conducting the criminal history record
12		check, which shall be deposited into the State Police Services
13		Fund and shall not exceed the actual cost of the record check.
14		Each person applying as a dispensing organization agent shall
15		submit a full set of fingerprints to the Illinois State Police
16		for the purpose of obtaining a State and federal criminal
17		records check. These fingerprints shall be checked against the
18		fingerprint records now and hereafter, to the extent allowed
19		by law, filed with the Illinois State Police and the Federal
20		Bureau of Investigation criminal history records databases.
21		The Illinois State Police shall furnish, following positive
22		identification, all Illinois conviction information to the
23		Department.
24		(g) The Department may verify information contained in
25		each application and accompanying documentation to assess the
26		applicant's veracity and fitness to operate a dispensing

HB3817 Enrolled - 741 - LRB103 30519 DTM 56952 b
1		organization.
2		(h) The Department may, in its discretion, refuse to issue
3		authorization to an applicant who meets any of the following
4		criteria:
5		(1) An applicant who is unqualified to perform the
6		duties required of the applicant.
7		(2) An applicant who fails to disclose or states
8		falsely any information called for in the application.
9		(3) An applicant who has been found guilty of a
10		violation of this Act, who has had any disciplinary order
11		entered against the applicant by the Department, who has
12		entered into a disciplinary or nondisciplinary agreement
13		with the Department, whose medical cannabis dispensing
14		organization, medical cannabis cultivation organization,
15		Early Approval Adult Use Dispensing Organization License,
16		Early Approval Adult Use Dispensing Organization License
17		at a secondary site, Early Approval Cultivation Center
18		License, Conditional Adult Use Dispensing Organization
19		License, or Adult Use Dispensing Organization License was
20		suspended, restricted, revoked, or denied for just cause,
21		or whose cannabis business establishment license was
22		suspended, restricted, revoked, or denied in any other
23		state.
24		(4) An applicant who has engaged in a pattern or
25		practice of unfair or illegal practices, methods, or
26		activities in the conduct of owning a cannabis business

HB3817 Enrolled - 742 - LRB103 30519 DTM 56952 b
1		establishment or other business.
2		(i) The Department shall deny issuance of a license under
3		this Section if any principal officer, board member, or person
4		having a financial or voting interest of 5% or greater in the
5		licensee is delinquent in filing any required tax return or
6		paying any amount owed to the State of Illinois.
7		(j) The Department shall verify an applicant's compliance
8		with the requirements of this Article and rules adopted under
9		this Article before issuing a Conditional Adult Use Dispensing
10		Organization License under this Section.
11		(k) If an applicant is awarded a Conditional Adult Use
12		Dispensing Organization License under this Section, the
13		information and plans provided in the application, including
14		any plans submitted for bonus points, shall become a condition
15		of the Conditional Adult Use Dispensing Organization License
16		and any Adult Use Dispensing Organization License issued to
17		the holder of the Conditional Adult Use Dispensing
18		Organization License, except as otherwise provided by this Act
19		or by rule. A dispensing organization has a duty to disclose
20		any material changes to the application. The Department shall
21		review all material changes disclosed by the dispensing
22		organization and may reevaluate its prior decision regarding
23		the awarding of a Conditional Adult Use Dispensing
24		Organization License, including, but not limited to,
25		suspending or permanently revoking a Conditional Adult Use
26		Dispensing Organization License. Failure to comply with the

HB3817 Enrolled - 743 - LRB103 30519 DTM 56952 b
1		conditions or requirements in the application may subject the
2		dispensing organization to discipline up to and including
3		suspension or permanent revocation of its authorization or
4		Conditional Adult Use Dispensing Organization License by the
5		Department.
6		(l) If an applicant has not begun operating as a
7		dispensing organization within one year after the issuance of
8		the Conditional Adult Use Dispensing Organization License
9		under this Section, the Department may permanently revoke the
10		Conditional Adult Use Dispensing Organization License and
11		award it to the next highest scoring applicant in the BLS
12		Region if a suitable applicant indicates a continued interest
13		in the Conditional Adult Use Dispensing Organization License
14		or may begin a new selection process to award a Conditional
15		Adult Use Dispensing Organization License.
16		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
17		102-98, eff. 7-15-21.)
18		(410 ILCS 705/15-35.10)
19		Sec. 15-35.10. Social Equity Justice Involved Lottery for
20		Conditional Adult Use Dispensing Organization Licenses.
21		(a) In addition to any of the licenses issued under
22		Section 15-15, Section 15-20, Section 15-25, Section 15-30.20,
23		or Section 15-35, within 10 business days after the resulting
24		final scores for all scored applications pursuant to Sections
25		15-25 and 15-30 are released, the Department shall issue up to

HB3817 Enrolled - 744 - LRB103 30519 DTM 56952 b
1		55 Conditional Adult Use Dispensing Organization Licenses by
2		lot, pursuant to the application process adopted under this
3		Section. In order to be eligible to be awarded a Conditional
4		Adult Use Dispensing Organization License by lot, a Dispensary
5		Applicant must be a Qualifying Social Equity Justice Involved
6		Applicant.
7		The licenses issued under this Section shall be awarded in
8		each BLS Region in the following amounts:
9		(1) Bloomington: 1.
10		(2) Cape Girardeau: 1.
11		(3) Carbondale-Marion: 1.
12		(4) Champaign-Urbana: 1.
13		(5) Chicago-Naperville-Elgin: 36.
14		(6) Danville: 1.
15		(7) Davenport-Moline-Rock Island: 1.
16		(8) Decatur: 1.
17		(9) Kankakee: 1.
18		(10) Peoria: 2.
19		(11) Rockford: 1.
20		(12) St. Louis: 3.
21		(13) Springfield: 1.
22		(14) Northwest Illinois nonmetropolitan: 1.
23		(15) West Central Illinois nonmetropolitan: 1.
24		(16) East Central Illinois nonmetropolitan: 1.
25		(17) South Illinois nonmetropolitan: 1.
26		(a-5) Prior to issuing licenses under subsection (a), the

HB3817 Enrolled - 745 - LRB103 30519 DTM 56952 b
1		Department may adopt rules through emergency rulemaking in
2		accordance with subsection (kk) of Section 5-45 of the
3		Illinois Administrative Procedure Act. The General Assembly
4		finds that the adoption of rules to regulate cannabis use is
5		deemed an emergency and necessary for the public interest,
6		safety, and welfare.
7		(b) The Department shall distribute the available licenses
8		established under this Section subject to the following:
9		(1) The drawing by lot for all available licenses
10		established under this Section shall occur on the same day
11		when practicable.
12		(2) Within each BLS Region, the first Qualifying
13		Social Equity Justice Involved Applicant drawn will have
14		the first right to an available license. The second
15		Qualifying Social Equity Justice Involved Applicant drawn
16		will have the second right to an available license. The
17		same pattern will continue for each subsequent applicant
18		drawn.
19		(3) The process for distributing available licenses
20		under this Section shall be recorded by the Department in
21		a format selected by the Department.
22		(4) A Dispensary Applicant is prohibited from becoming
23		a Qualifying Social Equity Justice Involved Applicant if a
24		principal officer resigns after the resulting final scores
25		for all scored applications pursuant to Sections 15-25 and
26		15-30 are released.

HB3817 Enrolled - 746 - LRB103 30519 DTM 56952 b
1		(5) No Qualifying Social Equity Justice Involved
2		Applicant may be awarded more than 2 Conditional Adult Use
3		Dispensing Organization Licenses at the conclusion of a
4		lottery conducted under this Section.
5		(6) No individual may be listed as a principal officer
6		of more than 2 Conditional Adult Use Dispensing
7		Organization Licenses awarded under this Section.
8		(7) If, upon being selected for an available license
9		established under this Section, a Qualifying Social Equity
10		Justice Involved Applicant exceeds the limits under
11		paragraph (5) or (6), the Qualifying Social Equity Justice
12		Involved Applicant must choose which license to abandon
13		and notify the Department in writing within 5 business
14		days on forms prescribed by the Department. If the
15		Qualifying Social Equity Justice Involved Applicant does
16		not notify the Department as required, the Department
17		shall refuse to issue the Qualifying Social Equity Justice
18		Involved Applicant all available licenses established
19		under this Section obtained by lot in all BLS Regions.
20		(8) If, upon being selected for an available license
21		established under this Section, a Qualifying Social Equity
22		Justice Involved Applicant has a principal officer who is
23		a principal officer in more than 10 Early Approval Adult
24		Use Dispensing Organization Licenses, Conditional Adult
25		Use Dispensing Organization Licenses, Adult Use Dispensing
26		Organization Licenses, or any combination thereof, the

HB3817 Enrolled - 747 - LRB103 30519 DTM 56952 b
1		licensees and the Qualifying Social Equity Justice
2		Involved Applicant listing that principal officer must
3		choose which license to abandon pursuant to subsection (d)
4		of Section 15-36 and notify the Department in writing
5		within 5 business days on forms prescribed by the
6		Department. If the Dispensary Applicant or licensees do
7		not notify the Department as required, the Department
8		shall refuse to issue the Qualifying Social Equity Justice
9		Involved Applicant all available licenses established
10		under this Section obtained by lot in all BLS Regions.
11		(9) All available licenses that have been abandoned
12		under paragraph (7) or (8) shall be distributed to the
13		next Qualifying Social Equity Justice Involved Applicant
14		drawn by lot.
15		Any and all rights conferred or obtained under this
16		subsection shall be limited to the provisions of this
17		subsection.
18		(c) An applicant who receives a Conditional Adult Use
19		Dispensing Organization License under this Section has 180
20		days from the date of the award to identify a physical location
21		for the dispensing organization's retail storefront. The
22		applicant shall provide evidence that the location is not
23		within 1,500 feet of an existing dispensing organization,
24		unless the applicant is a Social Equity Applicant or Social
25		Equity Justice Involved Applicant located or seeking to locate
26		within 1,500 feet of a dispensing organization licensed under

HB3817 Enrolled - 748 - LRB103 30519 DTM 56952 b
1		Section 15-15 or Section 15-20. If an applicant is unable to
2		find a suitable physical address in the opinion of the
3		Department within 180 days from the issuance of the
4		Conditional Adult Use Dispensing Organization License, the
5		Department may extend the period for finding a physical
6		address an additional 540 another 180 days if the Conditional
7		Adult Use Dispensing Organization License holder demonstrates
8		a concrete attempt to secure a location and a hardship. If the
9		Department denies the extension or the Conditional Adult Use
10		Dispensing Organization License holder is unable to find a
11		location or become operational within 720 360 days of being
12		awarded a Conditional Adult Use Dispensing Organization
13		License under this Section, the Department shall rescind the
14		Conditional Adult Use Dispensing Organization License and
15		award it pursuant to subsection (b) and notify the new awardee
16		at the email address provided in the awardee's application,
17		provided the applicant receiving the Conditional Adult Use
18		Dispensing Organization License: (i) confirms a continued
19		interest in operating a dispensing organization; (ii) can
20		provide evidence that the applicant continues to meet all
21		requirements for holding a Conditional Adult Use Dispensing
22		Organization License set forth in this Act; and (iii) has not
23		otherwise become ineligible to be awarded a Conditional Adult
24		Use Dispensing Organization License. If the new awardee is
25		unable to accept the Conditional Adult Use Dispensing
26		Organization License, the Department shall award the

HB3817 Enrolled - 749 - LRB103 30519 DTM 56952 b
1		Conditional Adult Use Dispensing Organization License pursuant
2		to subsection (b). The new awardee shall be subject to the same
3		required deadlines as provided in this subsection.
4		(d) If, within 180 days of being awarded a Conditional
5		Adult Use Dispensing Organization License, a dispensing
6		organization is unable to find a location within the BLS
7		Region in which it was awarded a Conditional Adult Use
8		Dispensing Organization License under this Section because no
9		jurisdiction within the BLS Region allows for the operation of
10		an Adult Use Dispensing Organization, the Department may
11		authorize the Conditional Adult Use Dispensing Organization
12		License holder to transfer its Conditional Adult Use
13		Dispensing Organization License to a BLS Region specified by
14		the Department.
15		(e) A dispensing organization that is awarded a
16		Conditional Adult Use Dispensing Organization License under
17		this Section shall not purchase, possess, sell, or dispense
18		cannabis or cannabis-infused products until the dispensing
19		organization has received an Adult Use Dispensing Organization
20		License issued by the Department pursuant to Section 15-36.
21		(f) The Department shall conduct a background check of the
22		prospective dispensing organization agents in order to carry
23		out this Article. The Illinois State Police shall charge the
24		applicant a fee for conducting the criminal history record
25		check, which shall be deposited into the State Police Services
26		Fund and shall not exceed the actual cost of the record check.

HB3817 Enrolled - 750 - LRB103 30519 DTM 56952 b
1		Each person applying as a dispensing organization agent shall
2		submit a full set of fingerprints to the Illinois State Police
3		for the purpose of obtaining a State and federal criminal
4		records check. These fingerprints shall be checked against the
5		fingerprint records now and hereafter, to the extent allowed
6		by law, filed with the Illinois State Police and the Federal
7		Bureau of Investigation criminal history records databases.
8		The Illinois State Police shall furnish, following positive
9		identification, all Illinois conviction information to the
10		Department.
11		(g) The Department may verify information contained in
12		each application and accompanying documentation to assess the
13		applicant's veracity and fitness to operate a dispensing
14		organization.
15		(h) The Department may, in its discretion, refuse to issue
16		an authorization to an applicant who meets any of the
17		following criteria:
18		(1) An applicant who is unqualified to perform the
19		duties required of the applicant.
20		(2) An applicant who fails to disclose or states
21		falsely any information called for in the application.
22		(3) An applicant who has been found guilty of a
23		violation of this Act, who has had any disciplinary order
24		entered against the applicant by the Department, who has
25		entered into a disciplinary or nondisciplinary agreement
26		with the Department, whose medical cannabis dispensing

HB3817 Enrolled - 751 - LRB103 30519 DTM 56952 b
1		organization, medical cannabis cultivation organization,
2		Early Approval Adult Use Dispensing Organization License,
3		Early Approval Adult Use Dispensing Organization License
4		at a secondary site, Early Approval Cultivation Center
5		License, Conditional Adult Use Dispensing Organization
6		License, or Adult Use Dispensing Organization License was
7		suspended, restricted, revoked, or denied for just cause,
8		or whose cannabis business establishment license was
9		suspended, restricted, revoked, or denied in any other
10		state.
11		(4) An applicant who has engaged in a pattern or
12		practice of unfair or illegal practices, methods, or
13		activities in the conduct of owning a cannabis business
14		establishment or other business.
15		(i) The Department shall deny the license if any principal
16		officer, board member, or person having a financial or voting
17		interest of 5% or greater in the licensee is delinquent in
18		filing any required tax return or paying any amount owed to the
19		State of Illinois.
20		(j) The Department shall verify an applicant's compliance
21		with the requirements of this Article and rules adopted under
22		this Article before issuing a Conditional Adult Use Dispensing
23		Organization License.
24		(k) If an applicant is awarded a Conditional Adult Use
25		Dispensing Organization License under this Section, the
26		information and plans provided in the application, including

HB3817 Enrolled - 752 - LRB103 30519 DTM 56952 b
1		any plans submitted for bonus points, shall become a condition
2		of the Conditional Adult Use Dispensing Organization License
3		and any Adult Use Dispensing Organization License issued to
4		the holder of the Conditional Adult Use Dispensing
5		Organization License, except as otherwise provided by this Act
6		or by rule. Dispensing organizations have a duty to disclose
7		any material changes to the application. The Department shall
8		review all material changes disclosed by the dispensing
9		organization and may reevaluate its prior decision regarding
10		the awarding of a Conditional Adult Use Dispensing
11		Organization License, including, but not limited to,
12		suspending or permanently revoking a Conditional Adult Use
13		Dispensing Organization License. Failure to comply with the
14		conditions or requirements in the application may subject the
15		dispensing organization to discipline up to and including
16		suspension or permanent revocation of its authorization or
17		Conditional Adult Use Dispensing Organization License by the
18		Department.
19		(l) If an applicant has not begun operating as a
20		dispensing organization within one year after the issuance of
21		the Conditional Adult Use Dispensing Organization License
22		under this Section, the Department may permanently revoke the
23		Conditional Adult Use Dispensing Organization License and
24		award it to the next highest scoring applicant in the BLS
25		Region if a suitable applicant indicates a continued interest
26		in the Conditional Adult Use Dispensing Organization License

HB3817 Enrolled - 753 - LRB103 30519 DTM 56952 b
1		or may begin a new selection process to award a Conditional
2		Adult Use Dispensing Organization License.
3		(Source: P.A. 102-98, eff. 7-15-21.)
4		ARTICLE 120.
5		Section 120-5. The Department of Revenue Law of the Civil
6		Administrative Code of Illinois is amended by adding Section
7		2505-810 as follows:
8		(20 ILCS 2505/2505-810 new)
9		Sec. 2505-810. Veterans Property Tax Relief Reimbursement
10		Pilot Program.
11		(a) Subject to appropriation, for State fiscal years that
12		begin on or after July 1, 2023 and before July 1, 2028, the
13		Department shall establish and administer a Veterans Property
14		Tax Relief Reimbursement Pilot Program. For purposes of the
15		Program, the Department shall reimburse eligible taxing
16		districts, in an amount calculated under subsection (c), for
17		revenue loss associated with providing homestead exemptions to
18		veterans with disabilities. A taxing district is eligible for
19		reimbursement under this Section if (i) application of the
20		homestead exemptions for veterans with disabilities under
21		Sections 15-165 and 15-169 of the Property Tax Code results in
22		a cumulative reduction of more than 2.5% in the total
23		equalized assessed value of all taxable property in the taxing

HB3817 Enrolled - 754 - LRB103 30519 DTM 56952 b
1		district, when compared with the total equalized assessed
2		value of all taxable property in the taxing district prior to
3		the application of those exemptions, for the taxable year that
4		is 2 years before the start of the State fiscal year in which
5		the application for reimbursement is made and (ii) the taxing
6		district is located in whole or in part in a county that
7		contains a United States military base. Reimbursement payments
8		shall be made to the county that applies to the Department of
9		Revenue on behalf of the taxing district under subsection (b)
10		and shall be distributed by the county to the taxing district
11		as directed by the Department of Revenue.
12		(b) If the county clerk determines that one or more taxing
13		districts located in whole or in part in the county qualify for
14		reimbursement under this Section, then the county clerk shall
15		apply to the Department of Revenue on behalf of the taxing
16		district for reimbursement under this Section in the form and
17		manner required by the Department. The county clerk shall
18		consolidate applications submitted on behalf of more than one
19		taxing district into a single application. The Department of
20		Revenue may audit the information submitted by the county
21		clerk as part of the application under this Section for the
22		purpose of verifying the accuracy of that information.
23		(c) Subject to the maximum aggregate reimbursement amount
24		set forth in this subsection, the amount of the reimbursement
25		shall be as follows:
26		(1) for reimbursements awarded for the fiscal year

HB3817 Enrolled - 755 - LRB103 30519 DTM 56952 b
1		that begins on July 1, 2023, 50% of the product generated
2		by multiplying 90% of the total dollar amount of
3		exemptions granted for taxable year 2021 under Section
4		15-165 or Section 15-169 of the Property Tax Code to
5		property located in the taxing district by the taxing
6		district's property tax rate for taxable year 2021; and
7		(2) for reimbursements awarded for fiscal years that
8		begin on or after July 1, 2024 and begin before July 1,
9		2028, 100% of the product generated by multiplying 90% of
10		the total dollar amount of exemptions granted for the base
11		year under Section 15-165 or Section 15-169 of the
12		Property Tax Code to property located in the taxing
13		district by the taxing district's property tax rate for
14		the base year.
15		The aggregate amount of reimbursements that may be awarded
16		under this Section for all taxing districts in any calendar
17		year may not exceed the lesser of $15,000,000 or the amount
18		appropriated for the program for that calendar year. If the
19		total amount of eligible reimbursements under this Section
20		exceeds the lesser of $15,000,000 or the amount appropriated
21		for the program for that calendar year, then the reimbursement
22		amount awarded to each particular taxing district shall be
23		reduced on a pro rata basis until the aggregate amount of
24		reimbursements awarded under this Section for the calendar
25		year does not exceed the lesser of $15,000,000 or the amount
26		appropriated for the program for the calendar year.

HB3817 Enrolled - 756 - LRB103 30519 DTM 56952 b
1		(d) The Department of Revenue may adopt rules necessary
2		for the implementation of this Section.
3		(e) As used in this Section:
4		"Base year" means the taxable year that is 2 years before
5		the start of the State fiscal year in which the application for
6		reimbursement is made.
7		"Taxable year" means the calendar year during which
8		property taxes payable in the next succeeding year are levied.
9		"Taxing district" has the meaning given to that term in
10		Section 1-150 of the Property Tax Code.
11		ARTICLE 125.
12		Section 125-5. The State Finance Act is amended by
13		changing Section 6z-129 as follows:
14		(30 ILCS 105/6z-129)
15		Sec. 6z-129. Horse Racing Purse Equity Fund. The Horse
16		Racing Purse Equity Fund is a nonappropriated trust fund held
17		outside of the State treasury. Within 30 60 calendar days
18		after of funds are being deposited in the Horse Racing Purse
19		Equity Fund and the applicable grant agreement is executed,
20		whichever is later, the Department of Agriculture shall
21		transfer the entire balance in the Fund to the organization
22		licensees that hold purse moneys that support each of the make
23		grants, the division of which shall be divided based upon the

HB3817 Enrolled - 757 - LRB103 30519 DTM 56952 b
1		annual agreement of all legally recognized horsemen's
2		associations that have contracted with an organization
3		licensee over the immediately preceding 3 calendar years under
4		subsection (d) of Section 29 of the Illinois Horse Racing Act
5		of 1975. The 2023 division of such fund balance among the
6		qualifying purse accounts shall be pursuant to the 2021
7		agreement of the involved horsemen associations with 45% being
8		allocated to the thoroughbred purse account at a racetrack
9		located in Stickney Township in Cook County, 30% being
10		allocated to the harness purse account at a racetrack located
11		in Stickney Township in Cook County, and 25% being allocated
12		to the thoroughbred purse account at a racetrack located in
13		Madison County. Transfers may be made to an organization
14		licensee that has one or more executed grant agreements while
15		the other organization licensee awaits finalization and
16		execution of its grant agreement or agreements. All funds
17		transferred to purse accounts pursuant to this Section shall
18		be for the sole purpose of augmenting future purses during
19		State fiscal year 2024. For purposes of this Section, a
20		legally recognized horsemen association is that horsemen
21		association representing the largest number of owners,
22		trainers, jockeys or Standardbred drivers who race horses at
23		an Illinois organization organizational licensee and that
24		enter into agreements with Illinois organization licenses to
25		govern the racing meet and that also provide required consents
26		pursuant to the Illinois Horse Racing Act of 1975.

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1		(Source: P.A. 102-16, eff. 6-17-21.)
2		Section 125-10. The Illinois Horse Racing Act of 1975 is
3		amended by changing Section 28.1 as follows:
4		(230 ILCS 5/28.1)
5		Sec. 28.1. Payments.
6		(a) Beginning on January 1, 2000, moneys collected by the
7		Department of Revenue and the Racing Board pursuant to Section
8		26 or Section 27 of this Act shall be deposited into the Horse
9		Racing Fund, which is hereby created as a special fund in the
10		State Treasury.
11		(b) Appropriations, as approved by the General Assembly,
12		may be made from the Horse Racing Fund to the Board to pay the
13		salaries of the Board members, secretary, stewards, directors
14		of mutuels, veterinarians, representatives, accountants,
15		clerks, stenographers, inspectors and other employees of the
16		Board, and all expenses of the Board incident to the
17		administration of this Act, including, but not limited to, all
18		expenses and salaries incident to the taking of saliva and
19		urine samples in accordance with the rules and regulations of
20		the Board.
21		(c) (Blank).
22		(d) Beginning January 1, 2000, payments to all programs in
23		existence on the effective date of this amendatory Act of 1999
24		that are identified in Sections 26(c), 26(f), 26(h)(11)(C),

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1		and 28, subsections (a), (b), (c), (d), (e), (f), (g), and (h)
2		of Section 30, and subsections (a), (b), (c), (d), (e), (f),
3		(g), and (h) of Section 31 shall be made from the General
4		Revenue Fund at the funding levels determined by amounts paid
5		under this Act in calendar year 1998. Beginning on the
6		effective date of this amendatory Act of the 93rd General
7		Assembly, payments to the Peoria Park District shall be made
8		from the General Revenue Fund at the funding level determined
9		by amounts paid to that park district for museum purposes
10		under this Act in calendar year 1994.
11		If an inter-track wagering location licensee's facility
12		changes its location, then the payments associated with that
13		facility under this subsection (d) for museum purposes shall
14		be paid to the park district in the area where the facility
15		relocates, and the payments shall be used for museum purposes.
16		If the facility does not relocate to a park district, then the
17		payments shall be paid to the taxing district that is
18		responsible for park or museum expenditures.
19		(e) Beginning July 1, 2006, the payment authorized under
20		subsection (d) to museums and aquariums located in park
21		districts of over 500,000 population shall be paid to museums,
22		aquariums, and zoos in amounts determined by Museums in the
23		Park, an association of museums, aquariums, and zoos located
24		on Chicago Park District property.
25		(f) Beginning July 1, 2007, the Children's Discovery
26		Museum in Normal, Illinois shall receive payments from the

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1		General Revenue Fund at the funding level determined by the
2		amounts paid to the Miller Park Zoo in Bloomington, Illinois
3		under this Section in calendar year 2006.
4		(g) On July 3, 2023, the Comptroller shall order
5		transferred and the Treasurer shall transfer $5,100,000 from
6		the Horse Racing Fund to the Horse Racing Purse Equity Fund. On
7		August 31, 2021, after subtracting all lapse period spending
8		from the June 30 balance of the prior fiscal year, the
9		Comptroller shall transfer to the Horse Racing Purse Equity
10		Fund 50% of the balance within the Horse Racing Fund.
11		(Source: P.A. 102-16, eff. 6-17-21.)
12		ARTICLE 130.
13		Section 130-5. The Department of Transportation Law of the
14		Civil Administrative Code of Illinois is amended by adding
15		Section 2705-617 as follows:
16		(20 ILCS 2705/2705-617 new)
17		Sec. 2705-617. Student loan repayment assistance for
18		engineers pilot program. The Department shall provide higher
19		education student loan repayment assistance in the form of an
20		annual after-tax bonus of $15,000 per year, for not more than 4
21		years, for up to 50 engineers employed by the Department,
22		subject to the following:
23		(1) the engineer is a graduate of a college or

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1		university located in this State;
2		(2) the engineer provides documentation to the
3		Department of the repayment of higher education student
4		loans taken to attend a college or university located in
5		this State;
6		(3) the engineer has been employed by the Department
7		for at least 4 years; and
8		(4) the engineer was hired by the Department on or
9		after July 1, 2024.
10		ARTICLE 135.
11		Section 135-1. Short title. This Article may be cited as
12		the Mechanical Insulation Energy and Safety Assessment Act.
13		References in this Article to "this Act" mean this Article.
14		Section 135-5. Legislative findings. The General Assembly
15		finds that:
16		(1) the State has a vested interest in decreasing the
17		carbon footprint of publicly owned buildings;
18		(2) it is in the public interest of the State to ensure
19		that all Illinois residents can use publicly owned
20		buildings for employment, educational purposes, and social
21		services free from harmful mold and bacteria; and
22		(3) mechanical insulation plays an important part in
23		lowering operating expenses, reducing energy loss, and

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1		decreasing emissions.
2		Section 135-10. Definitions. As used in this Act:
3		"Agency" means the Capital Development Board.
4		"Mechanical insulation" means insulation materials,
5		facings, and accessory products that are applied to mechanical
6		systems.
7		"Mechanical insulation energy and safety assessment" means
8		an assessment that analyzes potential energy savings and any
9		potential public health risks according to the specifications
10		applicable to the building's mechanical equipment.
11		"Qualified mechanical insulation contractor" means a
12		mechanical insulation contractor who is an active participant
13		in an apprenticeship program approved by the United States
14		Department of Labor.
15		Section 135-15. Mechanical insulation assessment and
16		remediation. To further Illinois along the path of 100% clean
17		energy, there is hereby created a Mechanical Insulation
18		Assessment Pilot Program. In furtherance of the goals of the
19		pilot program, the Agency shall contract with a qualified
20		mechanical insulation contractor to execute a mechanical
21		insulation energy and safety assessment for 50 State-owned
22		buildings. The Agency shall contract with other entities as
23		deemed necessary to aid in determining the cost and scope of
24		each remediation project including any and all necessary

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1		ancillary work. To determine the 50 buildings that will
2		participate in the Pilot Program, the Agency shall take into
3		consideration whether remediation work has been completed on
4		the mechanical system recently as well as any immediate plans
5		to update the mechanical systems and whether there are plans
6		for the building's continued future use.
7		The Mechanical Insulation Energy and Safety Assessment
8		Pilot Program findings shall include: (1) any and all
9		remediation measures necessary to bring the subject mechanical
10		insulation system up to Code in accordance with the Energy
11		Efficient Building Act and to ensure the system functions at a
12		specific operating temperature to minimize energy loss; (2)
13		any and all projected energy savings to the State as a result
14		of the completion of any and all recommendation remediation;
15		(3) any public health or safety concerns identified during the
16		assessment; and (4) the projected cost to complete any and all
17		recommended remediations.
18		Further, the Agency shall report to the General Assembly
19		the findings of the completed Mechanical Insulation Energy and
20		Safety Assessment Pilot Program no later than July 1, 2025.
21		The findings of each subject building's mechanical
22		insulation energy and safety assessment shall be a matter of
23		public record and posted on the Agency's website no later than
24		July 1, 2025.
25		This Act is subject to appropriation.
26		All work under this Act shall be performed in accordance

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1		with the Prevailing Wage Act.
2		Section 135-900. The Prevailing Wage Act is amended by
3		changing Section 2 as follows:
4		(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
5		Sec. 2. This Act applies to the wages of laborers,
6		mechanics and other workers employed in any public works, as
7		hereinafter defined, by any public body and to anyone under
8		contracts for public works. This includes any maintenance,
9		repair, assembly, or disassembly work performed on equipment
10		whether owned, leased, or rented.
11		As used in this Act, unless the context indicates
12		otherwise:
13		"Public works" means all fixed works constructed or
14		demolished by any public body, or paid for wholly or in part
15		out of public funds. "Public works" as defined herein includes
16		all projects financed in whole or in part with bonds, grants,
17		loans, or other funds made available by or through the State or
18		any of its political subdivisions, including but not limited
19		to: bonds issued under the Industrial Project Revenue Bond Act
20		(Article 11, Division 74 of the Illinois Municipal Code), the
21		Industrial Building Revenue Bond Act, the Illinois Finance
22		Authority Act, the Illinois Sports Facilities Authority Act,
23		or the Build Illinois Bond Act; loans or other funds made
24		available pursuant to the Build Illinois Act; loans or other

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1		funds made available pursuant to the Riverfront Development
2		Fund under Section 10-15 of the River Edge Redevelopment Zone
3		Act; or funds from the Fund for Illinois' Future under Section
4		6z-47 of the State Finance Act, funds for school construction
5		under Section 5 of the General Obligation Bond Act, funds
6		authorized under Section 3 of the School Construction Bond
7		Act, funds for school infrastructure under Section 6z-45 of
8		the State Finance Act, and funds for transportation purposes
9		under Section 4 of the General Obligation Bond Act. "Public
10		works" also includes (i) all projects financed in whole or in
11		part with funds from the Environmental Protection Agency under
12		the Illinois Renewable Fuels Development Program Act for which
13		there is no project labor agreement; (ii) all work performed
14		pursuant to a public private agreement under the Public
15		Private Agreements for the Illiana Expressway Act or the
16		Public-Private Agreements for the South Suburban Airport Act;
17		(iii) all projects undertaken under a public-private agreement
18		under the Public-Private Partnerships for Transportation Act;
19		and (iv) all transportation facilities undertaken under a
20		design-build contract or a Construction Manager/General
21		Contractor contract under the Innovations for Transportation
22		Infrastructure Act. "Public works" also includes all projects
23		at leased facility property used for airport purposes under
24		Section 35 of the Local Government Facility Lease Act. "Public
25		works" also includes the construction of a new wind power
26		facility by a business designated as a High Impact Business

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1		under Section 5.5(a)(3)(E) and the construction of a new
2		utility-scale solar power facility by a business designated as
3		a High Impact Business under Section 5.5(a)(3)(E-5) of the
4		Illinois Enterprise Zone Act. "Public works" also includes
5		electric vehicle charging station projects financed pursuant
6		to the Electric Vehicle Act and renewable energy projects
7		required to pay the prevailing wage pursuant to the Illinois
8		Power Agency Act. "Public works" does not include work done
9		directly by any public utility company, whether or not done
10		under public supervision or direction, or paid for wholly or
11		in part out of public funds. "Public works" also includes
12		construction projects performed by a third party contracted by
13		any public utility, as described in subsection (a) of Section
14		2.1, in public rights-of-way, as defined in Section 21-201 of
15		the Public Utilities Act, whether or not done under public
16		supervision or direction, or paid for wholly or in part out of
17		public funds. "Public works" also includes construction
18		projects that exceed 15 aggregate miles of new fiber optic
19		cable, performed by a third party contracted by any public
20		utility, as described in subsection (b) of Section 2.1, in
21		public rights-of-way, as defined in Section 21-201 of the
22		Public Utilities Act, whether or not done under public
23		supervision or direction, or paid for wholly or in part out of
24		public funds. "Public works" also includes any corrective
25		action performed pursuant to Title XVI of the Environmental
26		Protection Act for which payment from the Underground Storage

HB3817 Enrolled - 767 - LRB103 30519 DTM 56952 b
1		Tank Fund is requested. "Public works" also includes work
2		performed subject to Mechanical Insulation Energy and Safety
3		Assessment Act "Public works" does not include projects
4		undertaken by the owner at an owner-occupied single-family
5		residence or at an owner-occupied unit of a multi-family
6		residence. "Public works" does not include work performed for
7		soil and water conservation purposes on agricultural lands,
8		whether or not done under public supervision or paid for
9		wholly or in part out of public funds, done directly by an
10		owner or person who has legal control of those lands.
11		"Construction" means all work on public works involving
12		laborers, workers or mechanics. This includes any maintenance,
13		repair, assembly, or disassembly work performed on equipment
14		whether owned, leased, or rented.
15		"Locality" means the county where the physical work upon
16		public works is performed, except (1) that if there is not
17		available in the county a sufficient number of competent
18		skilled laborers, workers and mechanics to construct the
19		public works efficiently and properly, "locality" includes any
20		other county nearest the one in which the work or construction
21		is to be performed and from which such persons may be obtained
22		in sufficient numbers to perform the work and (2) that, with
23		respect to contracts for highway work with the Department of
24		Transportation of this State, "locality" may at the discretion
25		of the Secretary of the Department of Transportation be
26		construed to include two or more adjacent counties from which

HB3817 Enrolled - 768 - LRB103 30519 DTM 56952 b
1		workers may be accessible for work on such construction.
2		"Public body" means the State or any officer, board or
3		commission of the State or any political subdivision or
4		department thereof, or any institution supported in whole or
5		in part by public funds, and includes every county, city,
6		town, village, township, school district, irrigation, utility,
7		reclamation improvement or other district and every other
8		political subdivision, district or municipality of the state
9		whether such political subdivision, municipality or district
10		operates under a special charter or not.
11		"Labor organization" means an organization that is the
12		exclusive representative of an employer's employees recognized
13		or certified pursuant to the National Labor Relations Act.
14		The terms "general prevailing rate of hourly wages",
15		"general prevailing rate of wages" or "prevailing rate of
16		wages" when used in this Act mean the hourly cash wages plus
17		annualized fringe benefits for training and apprenticeship
18		programs approved by the U.S. Department of Labor, Bureau of
19		Apprenticeship and Training, health and welfare, insurance,
20		vacations and pensions paid generally, in the locality in
21		which the work is being performed, to employees engaged in
22		work of a similar character on public works.
23		(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
24		102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
25		6-15-22.)

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1		ARTICLE 140.
2		Section 140-5. The Illinois Income Tax Act is amended by
3		changing Section 203 as follows:
4		(35 ILCS 5/203) (from Ch. 120, par. 2-203)
5		Sec. 203. Base income defined.
6		(a) Individuals.
7		(1) In general. In the case of an individual, base
8		income means an amount equal to the taxpayer's adjusted
9		gross income for the taxable year as modified by paragraph
10		(2).
11		(2) Modifications. The adjusted gross income referred
12		to in paragraph (1) shall be modified by adding thereto
13		the sum of the following amounts:
14		(A) An amount equal to all amounts paid or accrued
15		to the taxpayer as interest or dividends during the
16		taxable year to the extent excluded from gross income
17		in the computation of adjusted gross income, except
18		stock dividends of qualified public utilities
19		described in Section 305(e) of the Internal Revenue
20		Code;
21		(B) An amount equal to the amount of tax imposed by
22		this Act to the extent deducted from gross income in
23		the computation of adjusted gross income for the
24		taxable year;

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1		(C) An amount equal to the amount received during
2		the taxable year as a recovery or refund of real
3		property taxes paid with respect to the taxpayer's
4		principal residence under the Revenue Act of 1939 and
5		for which a deduction was previously taken under
6		subparagraph (L) of this paragraph (2) prior to July
7		1, 1991, the retrospective application date of Article
8		4 of Public Act 87-17. In the case of multi-unit or
9		multi-use structures and farm dwellings, the taxes on
10		the taxpayer's principal residence shall be that
11		portion of the total taxes for the entire property
12		which is attributable to such principal residence;
13		(D) An amount equal to the amount of the capital
14		gain deduction allowable under the Internal Revenue
15		Code, to the extent deducted from gross income in the
16		computation of adjusted gross income;
17		(D-5) An amount, to the extent not included in
18		adjusted gross income, equal to the amount of money
19		withdrawn by the taxpayer in the taxable year from a
20		medical care savings account and the interest earned
21		on the account in the taxable year of a withdrawal
22		pursuant to subsection (b) of Section 20 of the
23		Medical Care Savings Account Act or subsection (b) of
24		Section 20 of the Medical Care Savings Account Act of
25		2000;
26		(D-10) For taxable years ending after December 31,

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1		1997, an amount equal to any eligible remediation
2		costs that the individual deducted in computing
3		adjusted gross income and for which the individual
4		claims a credit under subsection (l) of Section 201;
5		(D-15) For taxable years 2001 and thereafter, an
6		amount equal to the bonus depreciation deduction taken
7		on the taxpayer's federal income tax return for the
8		taxable year under subsection (k) of Section 168 of
9		the Internal Revenue Code;
10		(D-16) If the taxpayer sells, transfers, abandons,
11		or otherwise disposes of property for which the
12		taxpayer was required in any taxable year to make an
13		addition modification under subparagraph (D-15), then
14		an amount equal to the aggregate amount of the
15		deductions taken in all taxable years under
16		subparagraph (Z) with respect to that property.
17		If the taxpayer continues to own property through
18		the last day of the last tax year for which a
19		subtraction is allowed with respect to that property
20		under subparagraph (Z) and for which the taxpayer was
21		allowed in any taxable year to make a subtraction
22		modification under subparagraph (Z), then an amount
23		equal to that subtraction modification.
24		The taxpayer is required to make the addition
25		modification under this subparagraph only once with
26		respect to any one piece of property;

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1		(D-17) An amount equal to the amount otherwise
2		allowed as a deduction in computing base income for
3		interest paid, accrued, or incurred, directly or
4		indirectly, (i) for taxable years ending on or after
5		December 31, 2004, to a foreign person who would be a
6		member of the same unitary business group but for the
7		fact that foreign person's business activity outside
8		the United States is 80% or more of the foreign
9		person's total business activity and (ii) for taxable
10		years ending on or after December 31, 2008, to a person
11		who would be a member of the same unitary business
12		group but for the fact that the person is prohibited
13		under Section 1501(a)(27) from being included in the
14		unitary business group because he or she is ordinarily
15		required to apportion business income under different
16		subsections of Section 304. The addition modification
17		required by this subparagraph shall be reduced to the
18		extent that dividends were included in base income of
19		the unitary group for the same taxable year and
20		received by the taxpayer or by a member of the
21		taxpayer's unitary business group (including amounts
22		included in gross income under Sections 951 through
23		964 of the Internal Revenue Code and amounts included
24		in gross income under Section 78 of the Internal
25		Revenue Code) with respect to the stock of the same
26		person to whom the interest was paid, accrued, or

HB3817 Enrolled - 773 - LRB103 30519 DTM 56952 b
1		incurred.
2		This paragraph shall not apply to the following:
3		(i) an item of interest paid, accrued, or
4		incurred, directly or indirectly, to a person who
5		is subject in a foreign country or state, other
6		than a state which requires mandatory unitary
7		reporting, to a tax on or measured by net income
8		with respect to such interest; or
9		(ii) an item of interest paid, accrued, or
10		incurred, directly or indirectly, to a person if
11		the taxpayer can establish, based on a
12		preponderance of the evidence, both of the
13		following:
14		(a) the person, during the same taxable
15		year, paid, accrued, or incurred, the interest
16		to a person that is not a related member, and
17		(b) the transaction giving rise to the
18		interest expense between the taxpayer and the
19		person did not have as a principal purpose the
20		avoidance of Illinois income tax, and is paid
21		pursuant to a contract or agreement that
22		reflects an arm's-length interest rate and
23		terms; or
24		(iii) the taxpayer can establish, based on
25		clear and convincing evidence, that the interest
26		paid, accrued, or incurred relates to a contract

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1		or agreement entered into at arm's-length rates
2		and terms and the principal purpose for the
3		payment is not federal or Illinois tax avoidance;
4		or
5		(iv) an item of interest paid, accrued, or
6		incurred, directly or indirectly, to a person if
7		the taxpayer establishes by clear and convincing
8		evidence that the adjustments are unreasonable; or
9		if the taxpayer and the Director agree in writing
10		to the application or use of an alternative method
11		of apportionment under Section 304(f).
12		Nothing in this subsection shall preclude the
13		Director from making any other adjustment
14		otherwise allowed under Section 404 of this Act
15		for any tax year beginning after the effective
16		date of this amendment provided such adjustment is
17		made pursuant to regulation adopted by the
18		Department and such regulations provide methods
19		and standards by which the Department will utilize
20		its authority under Section 404 of this Act;
21		(D-18) An amount equal to the amount of intangible
22		expenses and costs otherwise allowed as a deduction in
23		computing base income, and that were paid, accrued, or
24		incurred, directly or indirectly, (i) for taxable
25		years ending on or after December 31, 2004, to a
26		foreign person who would be a member of the same

HB3817 Enrolled - 775 - LRB103 30519 DTM 56952 b
1		unitary business group but for the fact that the
2		foreign person's business activity outside the United
3		States is 80% or more of that person's total business
4		activity and (ii) for taxable years ending on or after
5		December 31, 2008, to a person who would be a member of
6		the same unitary business group but for the fact that
7		the person is prohibited under Section 1501(a)(27)
8		from being included in the unitary business group
9		because he or she is ordinarily required to apportion
10		business income under different subsections of Section
11		304. The addition modification required by this
12		subparagraph shall be reduced to the extent that
13		dividends were included in base income of the unitary
14		group for the same taxable year and received by the
15		taxpayer or by a member of the taxpayer's unitary
16		business group (including amounts included in gross
17		income under Sections 951 through 964 of the Internal
18		Revenue Code and amounts included in gross income
19		under Section 78 of the Internal Revenue Code) with
20		respect to the stock of the same person to whom the
21		intangible expenses and costs were directly or
22		indirectly paid, incurred, or accrued. The preceding
23		sentence does not apply to the extent that the same
24		dividends caused a reduction to the addition
25		modification required under Section 203(a)(2)(D-17) of
26		this Act. As used in this subparagraph, the term

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1		"intangible expenses and costs" includes (1) expenses,
2		losses, and costs for, or related to, the direct or
3		indirect acquisition, use, maintenance or management,
4		ownership, sale, exchange, or any other disposition of
5		intangible property; (2) losses incurred, directly or
6		indirectly, from factoring transactions or discounting
7		transactions; (3) royalty, patent, technical, and
8		copyright fees; (4) licensing fees; and (5) other
9		similar expenses and costs. For purposes of this
10		subparagraph, "intangible property" includes patents,
11		patent applications, trade names, trademarks, service
12		marks, copyrights, mask works, trade secrets, and
13		similar types of intangible assets.
14		This paragraph shall not apply to the following:
15		(i) any item of intangible expenses or costs
16		paid, accrued, or incurred, directly or
17		indirectly, from a transaction with a person who
18		is subject in a foreign country or state, other
19		than a state which requires mandatory unitary
20		reporting, to a tax on or measured by net income
21		with respect to such item; or
22		(ii) any item of intangible expense or cost
23		paid, accrued, or incurred, directly or
24		indirectly, if the taxpayer can establish, based
25		on a preponderance of the evidence, both of the
26		following:

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1		(a) the person during the same taxable
2		year paid, accrued, or incurred, the
3		intangible expense or cost to a person that is
4		not a related member, and
5		(b) the transaction giving rise to the
6		intangible expense or cost between the
7		taxpayer and the person did not have as a
8		principal purpose the avoidance of Illinois
9		income tax, and is paid pursuant to a contract
10		or agreement that reflects arm's-length terms;
11		or
12		(iii) any item of intangible expense or cost
13		paid, accrued, or incurred, directly or
14		indirectly, from a transaction with a person if
15		the taxpayer establishes by clear and convincing
16		evidence, that the adjustments are unreasonable;
17		or if the taxpayer and the Director agree in
18		writing to the application or use of an
19		alternative method of apportionment under Section
20		304(f);
21		Nothing in this subsection shall preclude the
22		Director from making any other adjustment
23		otherwise allowed under Section 404 of this Act
24		for any tax year beginning after the effective
25		date of this amendment provided such adjustment is
26		made pursuant to regulation adopted by the

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1		Department and such regulations provide methods
2		and standards by which the Department will utilize
3		its authority under Section 404 of this Act;
4		(D-19) For taxable years ending on or after
5		December 31, 2008, an amount equal to the amount of
6		insurance premium expenses and costs otherwise allowed
7		as a deduction in computing base income, and that were
8		paid, accrued, or incurred, directly or indirectly, to
9		a person who would be a member of the same unitary
10		business group but for the fact that the person is
11		prohibited under Section 1501(a)(27) from being
12		included in the unitary business group because he or
13		she is ordinarily required to apportion business
14		income under different subsections of Section 304. The
15		addition modification required by this subparagraph
16		shall be reduced to the extent that dividends were
17		included in base income of the unitary group for the
18		same taxable year and received by the taxpayer or by a
19		member of the taxpayer's unitary business group
20		(including amounts included in gross income under
21		Sections 951 through 964 of the Internal Revenue Code
22		and amounts included in gross income under Section 78
23		of the Internal Revenue Code) with respect to the
24		stock of the same person to whom the premiums and costs
25		were directly or indirectly paid, incurred, or
26		accrued. The preceding sentence does not apply to the

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1		extent that the same dividends caused a reduction to
2		the addition modification required under Section
3		203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this
4		Act;
5		(D-20) For taxable years beginning on or after
6		January 1, 2002 and ending on or before December 31,
7		2006, in the case of a distribution from a qualified
8		tuition program under Section 529 of the Internal
9		Revenue Code, other than (i) a distribution from a
10		College Savings Pool created under Section 16.5 of the
11		State Treasurer Act or (ii) a distribution from the
12		Illinois Prepaid Tuition Trust Fund, an amount equal
13		to the amount excluded from gross income under Section
14		529(c)(3)(B). For taxable years beginning on or after
15		January 1, 2007, in the case of a distribution from a
16		qualified tuition program under Section 529 of the
17		Internal Revenue Code, other than (i) a distribution
18		from a College Savings Pool created under Section 16.5
19		of the State Treasurer Act, (ii) a distribution from
20		the Illinois Prepaid Tuition Trust Fund, or (iii) a
21		distribution from a qualified tuition program under
22		Section 529 of the Internal Revenue Code that (I)
23		adopts and determines that its offering materials
24		comply with the College Savings Plans Network's
25		disclosure principles and (II) has made reasonable
26		efforts to inform in-state residents of the existence

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1		of in-state qualified tuition programs by informing
2		Illinois residents directly and, where applicable, to
3		inform financial intermediaries distributing the
4		program to inform in-state residents of the existence
5		of in-state qualified tuition programs at least
6		annually, an amount equal to the amount excluded from
7		gross income under Section 529(c)(3)(B).
8		For the purposes of this subparagraph (D-20), a
9		qualified tuition program has made reasonable efforts
10		if it makes disclosures (which may use the term
11		"in-state program" or "in-state plan" and need not
12		specifically refer to Illinois or its qualified
13		programs by name) (i) directly to prospective
14		participants in its offering materials or makes a
15		public disclosure, such as a website posting; and (ii)
16		where applicable, to intermediaries selling the
17		out-of-state program in the same manner that the
18		out-of-state program distributes its offering
19		materials;
20		(D-20.5) For taxable years beginning on or after
21		January 1, 2018, in the case of a distribution from a
22		qualified ABLE program under Section 529A of the
23		Internal Revenue Code, other than a distribution from
24		a qualified ABLE program created under Section 16.6 of
25		the State Treasurer Act, an amount equal to the amount
26		excluded from gross income under Section 529A(c)(1)(B)

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1		of the Internal Revenue Code;
2		(D-21) For taxable years beginning on or after
3		January 1, 2007, in the case of transfer of moneys from
4		a qualified tuition program under Section 529 of the
5		Internal Revenue Code that is administered by the
6		State to an out-of-state program, an amount equal to
7		the amount of moneys previously deducted from base
8		income under subsection (a)(2)(Y) of this Section;
9		(D-21.5) For taxable years beginning on or after
10		January 1, 2018, in the case of the transfer of moneys
11		from a qualified tuition program under Section 529 or
12		a qualified ABLE program under Section 529A of the
13		Internal Revenue Code that is administered by this
14		State to an ABLE account established under an
15		out-of-state ABLE account program, an amount equal to
16		the contribution component of the transferred amount
17		that was previously deducted from base income under
18		subsection (a)(2)(Y) or subsection (a)(2)(HH) of this
19		Section;
20		(D-22) For taxable years beginning on or after
21		January 1, 2009, and prior to January 1, 2018, in the
22		case of a nonqualified withdrawal or refund of moneys
23		from a qualified tuition program under Section 529 of
24		the Internal Revenue Code administered by the State
25		that is not used for qualified expenses at an eligible
26		education institution, an amount equal to the

HB3817 Enrolled - 782 - LRB103 30519 DTM 56952 b
1		contribution component of the nonqualified withdrawal
2		or refund that was previously deducted from base
3		income under subsection (a)(2)(y) of this Section,
4		provided that the withdrawal or refund did not result
5		from the beneficiary's death or disability. For
6		taxable years beginning on or after January 1, 2018:
7		(1) in the case of a nonqualified withdrawal or
8		refund, as defined under Section 16.5 of the State
9		Treasurer Act, of moneys from a qualified tuition
10		program under Section 529 of the Internal Revenue Code
11		administered by the State, an amount equal to the
12		contribution component of the nonqualified withdrawal
13		or refund that was previously deducted from base
14		income under subsection (a)(2)(Y) of this Section, and
15		(2) in the case of a nonqualified withdrawal or refund
16		from a qualified ABLE program under Section 529A of
17		the Internal Revenue Code administered by the State
18		that is not used for qualified disability expenses, an
19		amount equal to the contribution component of the
20		nonqualified withdrawal or refund that was previously
21		deducted from base income under subsection (a)(2)(HH)
22		of this Section;
23		(D-23) An amount equal to the credit allowable to
24		the taxpayer under Section 218(a) of this Act,
25		determined without regard to Section 218(c) of this
26		Act;

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1		(D-24) For taxable years ending on or after
2		December 31, 2017, an amount equal to the deduction
3		allowed under Section 199 of the Internal Revenue Code
4		for the taxable year;
5		(D-25) In the case of a resident, an amount equal
6		to the amount of tax for which a credit is allowed
7		pursuant to Section 201(p)(7) of this Act;
8		and by deducting from the total so obtained the sum of the
9		following amounts:
10		(E) For taxable years ending before December 31,
11		2001, any amount included in such total in respect of
12		any compensation (including but not limited to any
13		compensation paid or accrued to a serviceman while a
14		prisoner of war or missing in action) paid to a
15		resident by reason of being on active duty in the Armed
16		Forces of the United States and in respect of any
17		compensation paid or accrued to a resident who as a
18		governmental employee was a prisoner of war or missing
19		in action, and in respect of any compensation paid to a
20		resident in 1971 or thereafter for annual training
21		performed pursuant to Sections 502 and 503, Title 32,
22		United States Code as a member of the Illinois
23		National Guard or, beginning with taxable years ending
24		on or after December 31, 2007, the National Guard of
25		any other state. For taxable years ending on or after
26		December 31, 2001, any amount included in such total

HB3817 Enrolled - 784 - LRB103 30519 DTM 56952 b
1		in respect of any compensation (including but not
2		limited to any compensation paid or accrued to a
3		serviceman while a prisoner of war or missing in
4		action) paid to a resident by reason of being a member
5		of any component of the Armed Forces of the United
6		States and in respect of any compensation paid or
7		accrued to a resident who as a governmental employee
8		was a prisoner of war or missing in action, and in
9		respect of any compensation paid to a resident in 2001
10		or thereafter by reason of being a member of the
11		Illinois National Guard or, beginning with taxable
12		years ending on or after December 31, 2007, the
13		National Guard of any other state. The provisions of
14		this subparagraph (E) are exempt from the provisions
15		of Section 250;
16		(F) An amount equal to all amounts included in
17		such total pursuant to the provisions of Sections
18		402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and
19		408 of the Internal Revenue Code, or included in such
20		total as distributions under the provisions of any
21		retirement or disability plan for employees of any
22		governmental agency or unit, or retirement payments to
23		retired partners, which payments are excluded in
24		computing net earnings from self employment by Section
25		1402 of the Internal Revenue Code and regulations
26		adopted pursuant thereto;

HB3817 Enrolled - 785 - LRB103 30519 DTM 56952 b
1		(G) The valuation limitation amount;
2		(H) An amount equal to the amount of any tax
3		imposed by this Act which was refunded to the taxpayer
4		and included in such total for the taxable year;
5		(I) An amount equal to all amounts included in
6		such total pursuant to the provisions of Section 111
7		of the Internal Revenue Code as a recovery of items
8		previously deducted from adjusted gross income in the
9		computation of taxable income;
10		(J) An amount equal to those dividends included in
11		such total which were paid by a corporation which
12		conducts business operations in a River Edge
13		Redevelopment Zone or zones created under the River
14		Edge Redevelopment Zone Act, and conducts
15		substantially all of its operations in a River Edge
16		Redevelopment Zone or zones. This subparagraph (J) is
17		exempt from the provisions of Section 250;
18		(K) An amount equal to those dividends included in
19		such total that were paid by a corporation that
20		conducts business operations in a federally designated
21		Foreign Trade Zone or Sub-Zone and that is designated
22		a High Impact Business located in Illinois; provided
23		that dividends eligible for the deduction provided in
24		subparagraph (J) of paragraph (2) of this subsection
25		shall not be eligible for the deduction provided under
26		this subparagraph (K);

HB3817 Enrolled - 786 - LRB103 30519 DTM 56952 b
1		(L) For taxable years ending after December 31,
2		1983, an amount equal to all social security benefits
3		and railroad retirement benefits included in such
4		total pursuant to Sections 72(r) and 86 of the
5		Internal Revenue Code;
6		(M) With the exception of any amounts subtracted
7		under subparagraph (N), an amount equal to the sum of
8		all amounts disallowed as deductions by (i) Sections
9		171(a)(2) and 265(a)(2) of the Internal Revenue Code,
10		and all amounts of expenses allocable to interest and
11		disallowed as deductions by Section 265(a)(1) of the
12		Internal Revenue Code; and (ii) for taxable years
13		ending on or after August 13, 1999, Sections
14		171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
15		Internal Revenue Code, plus, for taxable years ending
16		on or after December 31, 2011, Section 45G(e)(3) of
17		the Internal Revenue Code and, for taxable years
18		ending on or after December 31, 2008, any amount
19		included in gross income under Section 87 of the
20		Internal Revenue Code; the provisions of this
21		subparagraph are exempt from the provisions of Section
22		250;
23		(N) An amount equal to all amounts included in
24		such total which are exempt from taxation by this
25		State either by reason of its statutes or Constitution
26		or by reason of the Constitution, treaties or statutes

HB3817 Enrolled - 787 - LRB103 30519 DTM 56952 b
1		of the United States; provided that, in the case of any
2		statute of this State that exempts income derived from
3		bonds or other obligations from the tax imposed under
4		this Act, the amount exempted shall be the interest
5		net of bond premium amortization;
6		(O) An amount equal to any contribution made to a
7		job training project established pursuant to the Tax
8		Increment Allocation Redevelopment Act;
9		(P) An amount equal to the amount of the deduction
10		used to compute the federal income tax credit for
11		restoration of substantial amounts held under claim of
12		right for the taxable year pursuant to Section 1341 of
13		the Internal Revenue Code or of any itemized deduction
14		taken from adjusted gross income in the computation of
15		taxable income for restoration of substantial amounts
16		held under claim of right for the taxable year;
17		(Q) An amount equal to any amounts included in
18		such total, received by the taxpayer as an
19		acceleration in the payment of life, endowment or
20		annuity benefits in advance of the time they would
21		otherwise be payable as an indemnity for a terminal
22		illness;
23		(R) An amount equal to the amount of any federal or
24		State bonus paid to veterans of the Persian Gulf War;
25		(S) An amount, to the extent included in adjusted
26		gross income, equal to the amount of a contribution

HB3817 Enrolled - 788 - LRB103 30519 DTM 56952 b
1		made in the taxable year on behalf of the taxpayer to a
2		medical care savings account established under the
3		Medical Care Savings Account Act or the Medical Care
4		Savings Account Act of 2000 to the extent the
5		contribution is accepted by the account administrator
6		as provided in that Act;
7		(T) An amount, to the extent included in adjusted
8		gross income, equal to the amount of interest earned
9		in the taxable year on a medical care savings account
10		established under the Medical Care Savings Account Act
11		or the Medical Care Savings Account Act of 2000 on
12		behalf of the taxpayer, other than interest added
13		pursuant to item (D-5) of this paragraph (2);
14		(U) For one taxable year beginning on or after
15		January 1, 1994, an amount equal to the total amount of
16		tax imposed and paid under subsections (a) and (b) of
17		Section 201 of this Act on grant amounts received by
18		the taxpayer under the Nursing Home Grant Assistance
19		Act during the taxpayer's taxable years 1992 and 1993;
20		(V) Beginning with tax years ending on or after
21		December 31, 1995 and ending with tax years ending on
22		or before December 31, 2004, an amount equal to the
23		amount paid by a taxpayer who is a self-employed
24		taxpayer, a partner of a partnership, or a shareholder
25		in a Subchapter S corporation for health insurance or
26		long-term care insurance for that taxpayer or that

HB3817 Enrolled - 789 - LRB103 30519 DTM 56952 b
1		taxpayer's spouse or dependents, to the extent that
2		the amount paid for that health insurance or long-term
3		care insurance may be deducted under Section 213 of
4		the Internal Revenue Code, has not been deducted on
5		the federal income tax return of the taxpayer, and
6		does not exceed the taxable income attributable to
7		that taxpayer's income, self-employment income, or
8		Subchapter S corporation income; except that no
9		deduction shall be allowed under this item (V) if the
10		taxpayer is eligible to participate in any health
11		insurance or long-term care insurance plan of an
12		employer of the taxpayer or the taxpayer's spouse. The
13		amount of the health insurance and long-term care
14		insurance subtracted under this item (V) shall be
15		determined by multiplying total health insurance and
16		long-term care insurance premiums paid by the taxpayer
17		times a number that represents the fractional
18		percentage of eligible medical expenses under Section
19		213 of the Internal Revenue Code of 1986 not actually
20		deducted on the taxpayer's federal income tax return;
21		(W) For taxable years beginning on or after
22		January 1, 1998, all amounts included in the
23		taxpayer's federal gross income in the taxable year
24		from amounts converted from a regular IRA to a Roth
25		IRA. This paragraph is exempt from the provisions of
26		Section 250;

HB3817 Enrolled - 790 - LRB103 30519 DTM 56952 b
1		(X) For taxable year 1999 and thereafter, an
2		amount equal to the amount of any (i) distributions,
3		to the extent includible in gross income for federal
4		income tax purposes, made to the taxpayer because of
5		his or her status as a victim of persecution for racial
6		or religious reasons by Nazi Germany or any other Axis
7		regime or as an heir of the victim and (ii) items of
8		income, to the extent includible in gross income for
9		federal income tax purposes, attributable to, derived
10		from or in any way related to assets stolen from,
11		hidden from, or otherwise lost to a victim of
12		persecution for racial or religious reasons by Nazi
13		Germany or any other Axis regime immediately prior to,
14		during, and immediately after World War II, including,
15		but not limited to, interest on the proceeds
16		receivable as insurance under policies issued to a
17		victim of persecution for racial or religious reasons
18		by Nazi Germany or any other Axis regime by European
19		insurance companies immediately prior to and during
20		World War II; provided, however, this subtraction from
21		federal adjusted gross income does not apply to assets
22		acquired with such assets or with the proceeds from
23		the sale of such assets; provided, further, this
24		paragraph shall only apply to a taxpayer who was the
25		first recipient of such assets after their recovery
26		and who is a victim of persecution for racial or

HB3817 Enrolled - 791 - LRB103 30519 DTM 56952 b
1		religious reasons by Nazi Germany or any other Axis
2		regime or as an heir of the victim. The amount of and
3		the eligibility for any public assistance, benefit, or
4		similar entitlement is not affected by the inclusion
5		of items (i) and (ii) of this paragraph in gross income
6		for federal income tax purposes. This paragraph is
7		exempt from the provisions of Section 250;
8		(Y) For taxable years beginning on or after
9		January 1, 2002 and ending on or before December 31,
10		2004, moneys contributed in the taxable year to a
11		College Savings Pool account under Section 16.5 of the
12		State Treasurer Act, except that amounts excluded from
13		gross income under Section 529(c)(3)(C)(i) of the
14		Internal Revenue Code shall not be considered moneys
15		contributed under this subparagraph (Y). For taxable
16		years beginning on or after January 1, 2005, a maximum
17		of $10,000 contributed in the taxable year to (i) a
18		College Savings Pool account under Section 16.5 of the
19		State Treasurer Act or (ii) the Illinois Prepaid
20		Tuition Trust Fund, except that amounts excluded from
21		gross income under Section 529(c)(3)(C)(i) of the
22		Internal Revenue Code shall not be considered moneys
23		contributed under this subparagraph (Y). For purposes
24		of this subparagraph, contributions made by an
25		employer on behalf of an employee, or matching
26		contributions made by an employee, shall be treated as

HB3817 Enrolled - 792 - LRB103 30519 DTM 56952 b
1		made by the employee. This subparagraph (Y) is exempt
2		from the provisions of Section 250;
3		(Z) For taxable years 2001 and thereafter, for the
4		taxable year in which the bonus depreciation deduction
5		is taken on the taxpayer's federal income tax return
6		under subsection (k) of Section 168 of the Internal
7		Revenue Code and for each applicable taxable year
8		thereafter, an amount equal to "x", where:
9		(1) "y" equals the amount of the depreciation
10		deduction taken for the taxable year on the
11		taxpayer's federal income tax return on property
12		for which the bonus depreciation deduction was
13		taken in any year under subsection (k) of Section
14		168 of the Internal Revenue Code, but not
15		including the bonus depreciation deduction;
16		(2) for taxable years ending on or before
17		December 31, 2005, "x" equals "y" multiplied by 30
18		and then divided by 70 (or "y" multiplied by
19		0.429); and
20		(3) for taxable years ending after December
21		31, 2005:
22		(i) for property on which a bonus
23		depreciation deduction of 30% of the adjusted
24		basis was taken, "x" equals "y" multiplied by
25		30 and then divided by 70 (or "y" multiplied
26		by 0.429);

HB3817 Enrolled - 793 - LRB103 30519 DTM 56952 b
1		(ii) for property on which a bonus
2		depreciation deduction of 50% of the adjusted
3		basis was taken, "x" equals "y" multiplied by
4		1.0;
5		(iii) for property on which a bonus
6		depreciation deduction of 100% of the adjusted
7		basis was taken in a taxable year ending on or
8		after December 31, 2021, "x" equals the
9		depreciation deduction that would be allowed
10		on that property if the taxpayer had made the
11		election under Section 168(k)(7) of the
12		Internal Revenue Code to not claim bonus
13		depreciation on that property; and
14		(iv) for property on which a bonus
15		depreciation deduction of a percentage other
16		than 30%, 50% or 100% of the adjusted basis
17		was taken in a taxable year ending on or after
18		December 31, 2021, "x" equals "y" multiplied
19		by 100 times the percentage bonus depreciation
20		on the property (that is, 100(bonus%)) and
21		then divided by 100 times 1 minus the
22		percentage bonus depreciation on the property
23		(that is, 100(1–bonus%)).
24		The aggregate amount deducted under this
25		subparagraph in all taxable years for any one piece of
26		property may not exceed the amount of the bonus

HB3817 Enrolled - 794 - LRB103 30519 DTM 56952 b
1		depreciation deduction taken on that property on the
2		taxpayer's federal income tax return under subsection
3		(k) of Section 168 of the Internal Revenue Code. This
4		subparagraph (Z) is exempt from the provisions of
5		Section 250;
6		(AA) If the taxpayer sells, transfers, abandons,
7		or otherwise disposes of property for which the
8		taxpayer was required in any taxable year to make an
9		addition modification under subparagraph (D-15), then
10		an amount equal to that addition modification.
11		If the taxpayer continues to own property through
12		the last day of the last tax year for which a
13		subtraction is allowed with respect to that property
14		under subparagraph (Z) and for which the taxpayer was
15		required in any taxable year to make an addition
16		modification under subparagraph (D-15), then an amount
17		equal to that addition modification.
18		The taxpayer is allowed to take the deduction
19		under this subparagraph only once with respect to any
20		one piece of property.
21		This subparagraph (AA) is exempt from the
22		provisions of Section 250;
23		(BB) Any amount included in adjusted gross income,
24		other than salary, received by a driver in a
25		ridesharing arrangement using a motor vehicle;
26		(CC) The amount of (i) any interest income (net of

HB3817 Enrolled - 795 - LRB103 30519 DTM 56952 b
1		the deductions allocable thereto) taken into account
2		for the taxable year with respect to a transaction
3		with a taxpayer that is required to make an addition
4		modification with respect to such transaction under
5		Section 203(a)(2)(D-17), 203(b)(2)(E-12),
6		203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
7		the amount of that addition modification, and (ii) any
8		income from intangible property (net of the deductions
9		allocable thereto) taken into account for the taxable
10		year with respect to a transaction with a taxpayer
11		that is required to make an addition modification with
12		respect to such transaction under Section
13		203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
14		203(d)(2)(D-8), but not to exceed the amount of that
15		addition modification. This subparagraph (CC) is
16		exempt from the provisions of Section 250;
17		(DD) An amount equal to the interest income taken
18		into account for the taxable year (net of the
19		deductions allocable thereto) with respect to
20		transactions with (i) a foreign person who would be a
21		member of the taxpayer's unitary business group but
22		for the fact that the foreign person's business
23		activity outside the United States is 80% or more of
24		that person's total business activity and (ii) for
25		taxable years ending on or after December 31, 2008, to
26		a person who would be a member of the same unitary

HB3817 Enrolled - 796 - LRB103 30519 DTM 56952 b
1		business group but for the fact that the person is
2		prohibited under Section 1501(a)(27) from being
3		included in the unitary business group because he or
4		she is ordinarily required to apportion business
5		income under different subsections of Section 304, but
6		not to exceed the addition modification required to be
7		made for the same taxable year under Section
8		203(a)(2)(D-17) for interest paid, accrued, or
9		incurred, directly or indirectly, to the same person.
10		This subparagraph (DD) is exempt from the provisions
11		of Section 250;
12		(EE) An amount equal to the income from intangible
13		property taken into account for the taxable year (net
14		of the deductions allocable thereto) with respect to
15		transactions with (i) a foreign person who would be a
16		member of the taxpayer's unitary business group but
17		for the fact that the foreign person's business
18		activity outside the United States is 80% or more of
19		that person's total business activity and (ii) for
20		taxable years ending on or after December 31, 2008, to
21		a person who would be a member of the same unitary
22		business group but for the fact that the person is
23		prohibited under Section 1501(a)(27) from being
24		included in the unitary business group because he or
25		she is ordinarily required to apportion business
26		income under different subsections of Section 304, but

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1		not to exceed the addition modification required to be
2		made for the same taxable year under Section
3		203(a)(2)(D-18) for intangible expenses and costs
4		paid, accrued, or incurred, directly or indirectly, to
5		the same foreign person. This subparagraph (EE) is
6		exempt from the provisions of Section 250;
7		(FF) An amount equal to any amount awarded to the
8		taxpayer during the taxable year by the Court of
9		Claims under subsection (c) of Section 8 of the Court
10		of Claims Act for time unjustly served in a State
11		prison. This subparagraph (FF) is exempt from the
12		provisions of Section 250;
13		(GG) For taxable years ending on or after December
14		31, 2011, in the case of a taxpayer who was required to
15		add back any insurance premiums under Section
16		203(a)(2)(D-19), such taxpayer may elect to subtract
17		that part of a reimbursement received from the
18		insurance company equal to the amount of the expense
19		or loss (including expenses incurred by the insurance
20		company) that would have been taken into account as a
21		deduction for federal income tax purposes if the
22		expense or loss had been uninsured. If a taxpayer
23		makes the election provided for by this subparagraph
24		(GG), the insurer to which the premiums were paid must
25		add back to income the amount subtracted by the
26		taxpayer pursuant to this subparagraph (GG). This

HB3817 Enrolled - 798 - LRB103 30519 DTM 56952 b
1		subparagraph (GG) is exempt from the provisions of
2		Section 250;
3		(HH) For taxable years beginning on or after
4		January 1, 2018 and prior to January 1, 2028, a maximum
5		of $10,000 contributed in the taxable year to a
6		qualified ABLE account under Section 16.6 of the State
7		Treasurer Act, except that amounts excluded from gross
8		income under Section 529(c)(3)(C)(i) or Section
9		529A(c)(1)(C) of the Internal Revenue Code shall not
10		be considered moneys contributed under this
11		subparagraph (HH). For purposes of this subparagraph
12		(HH), contributions made by an employer on behalf of
13		an employee, or matching contributions made by an
14		employee, shall be treated as made by the employee;
15		and
16		(II) For taxable years that begin on or after
17		January 1, 2021 and begin before January 1, 2026, the
18		amount that is included in the taxpayer's federal
19		adjusted gross income pursuant to Section 61 of the
20		Internal Revenue Code as discharge of indebtedness
21		attributable to student loan forgiveness and that is
22		not excluded from the taxpayer's federal adjusted
23		gross income pursuant to paragraph (5) of subsection
24		(f) of Section 108 of the Internal Revenue Code; and .
25		(JJ) For taxable years beginning on or after
26		January 1, 2023, for any cannabis establishment

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1		operating in this State and licensed under the
2		Cannabis Regulation and Tax Act or any cannabis
3		cultivation center or medical cannabis dispensing
4		organization operating in this State and licensed
5		under the Compassionate Use of Medical Cannabis
6		Program Act, an amount equal to the deductions that
7		were disallowed under Section 280E of the Internal
8		Revenue Code for the taxable year and that would not be
9		added back under this subsection. The provisions of
10		this subparagraph (JJ) are exempt from the provisions
11		of Section 250.
12		(b) Corporations.
13		(1) In general. In the case of a corporation, base
14		income means an amount equal to the taxpayer's taxable
15		income for the taxable year as modified by paragraph (2).
16		(2) Modifications. The taxable income referred to in
17		paragraph (1) shall be modified by adding thereto the sum
18		of the following amounts:
19		(A) An amount equal to all amounts paid or accrued
20		to the taxpayer as interest and all distributions
21		received from regulated investment companies during
22		the taxable year to the extent excluded from gross
23		income in the computation of taxable income;
24		(B) An amount equal to the amount of tax imposed by
25		this Act to the extent deducted from gross income in

HB3817 Enrolled - 800 - LRB103 30519 DTM 56952 b
1		the computation of taxable income for the taxable
2		year;
3		(C) In the case of a regulated investment company,
4		an amount equal to the excess of (i) the net long-term
5		capital gain for the taxable year, over (ii) the
6		amount of the capital gain dividends designated as
7		such in accordance with Section 852(b)(3)(C) of the
8		Internal Revenue Code and any amount designated under
9		Section 852(b)(3)(D) of the Internal Revenue Code,
10		attributable to the taxable year (this amendatory Act
11		of 1995 (Public Act 89-89) is declarative of existing
12		law and is not a new enactment);
13		(D) The amount of any net operating loss deduction
14		taken in arriving at taxable income, other than a net
15		operating loss carried forward from a taxable year
16		ending prior to December 31, 1986;
17		(E) For taxable years in which a net operating
18		loss carryback or carryforward from a taxable year
19		ending prior to December 31, 1986 is an element of
20		taxable income under paragraph (1) of subsection (e)
21		or subparagraph (E) of paragraph (2) of subsection
22		(e), the amount by which addition modifications other
23		than those provided by this subparagraph (E) exceeded
24		subtraction modifications in such earlier taxable
25		year, with the following limitations applied in the
26		order that they are listed:

HB3817 Enrolled - 801 - LRB103 30519 DTM 56952 b
1		(i) the addition modification relating to the
2		net operating loss carried back or forward to the
3		taxable year from any taxable year ending prior to
4		December 31, 1986 shall be reduced by the amount
5		of addition modification under this subparagraph
6		(E) which related to that net operating loss and
7		which was taken into account in calculating the
8		base income of an earlier taxable year, and
9		(ii) the addition modification relating to the
10		net operating loss carried back or forward to the
11		taxable year from any taxable year ending prior to
12		December 31, 1986 shall not exceed the amount of
13		such carryback or carryforward;
14		For taxable years in which there is a net
15		operating loss carryback or carryforward from more
16		than one other taxable year ending prior to December
17		31, 1986, the addition modification provided in this
18		subparagraph (E) shall be the sum of the amounts
19		computed independently under the preceding provisions
20		of this subparagraph (E) for each such taxable year;
21		(E-5) For taxable years ending after December 31,
22		1997, an amount equal to any eligible remediation
23		costs that the corporation deducted in computing
24		adjusted gross income and for which the corporation
25		claims a credit under subsection (l) of Section 201;
26		(E-10) For taxable years 2001 and thereafter, an

HB3817 Enrolled - 802 - LRB103 30519 DTM 56952 b
1		amount equal to the bonus depreciation deduction taken
2		on the taxpayer's federal income tax return for the
3		taxable year under subsection (k) of Section 168 of
4		the Internal Revenue Code;
5		(E-11) If the taxpayer sells, transfers, abandons,
6		or otherwise disposes of property for which the
7		taxpayer was required in any taxable year to make an
8		addition modification under subparagraph (E-10), then
9		an amount equal to the aggregate amount of the
10		deductions taken in all taxable years under
11		subparagraph (T) with respect to that property.
12		If the taxpayer continues to own property through
13		the last day of the last tax year for which a
14		subtraction is allowed with respect to that property
15		under subparagraph (T) and for which the taxpayer was
16		allowed in any taxable year to make a subtraction
17		modification under subparagraph (T), then an amount
18		equal to that subtraction modification.
19		The taxpayer is required to make the addition
20		modification under this subparagraph only once with
21		respect to any one piece of property;
22		(E-12) An amount equal to the amount otherwise
23		allowed as a deduction in computing base income for
24		interest paid, accrued, or incurred, directly or
25		indirectly, (i) for taxable years ending on or after
26		December 31, 2004, to a foreign person who would be a

HB3817 Enrolled - 803 - LRB103 30519 DTM 56952 b
1		member of the same unitary business group but for the
2		fact the foreign person's business activity outside
3		the United States is 80% or more of the foreign
4		person's total business activity and (ii) for taxable
5		years ending on or after December 31, 2008, to a person
6		who would be a member of the same unitary business
7		group but for the fact that the person is prohibited
8		under Section 1501(a)(27) from being included in the
9		unitary business group because he or she is ordinarily
10		required to apportion business income under different
11		subsections of Section 304. The addition modification
12		required by this subparagraph shall be reduced to the
13		extent that dividends were included in base income of
14		the unitary group for the same taxable year and
15		received by the taxpayer or by a member of the
16		taxpayer's unitary business group (including amounts
17		included in gross income pursuant to Sections 951
18		through 964 of the Internal Revenue Code and amounts
19		included in gross income under Section 78 of the
20		Internal Revenue Code) with respect to the stock of
21		the same person to whom the interest was paid,
22		accrued, or incurred.
23		This paragraph shall not apply to the following:
24		(i) an item of interest paid, accrued, or
25		incurred, directly or indirectly, to a person who
26		is subject in a foreign country or state, other

HB3817 Enrolled - 804 - LRB103 30519 DTM 56952 b
1		than a state which requires mandatory unitary
2		reporting, to a tax on or measured by net income
3		with respect to such interest; or
4		(ii) an item of interest paid, accrued, or
5		incurred, directly or indirectly, to a person if
6		the taxpayer can establish, based on a
7		preponderance of the evidence, both of the
8		following:
9		(a) the person, during the same taxable
10		year, paid, accrued, or incurred, the interest
11		to a person that is not a related member, and
12		(b) the transaction giving rise to the
13		interest expense between the taxpayer and the
14		person did not have as a principal purpose the
15		avoidance of Illinois income tax, and is paid
16		pursuant to a contract or agreement that
17		reflects an arm's-length interest rate and
18		terms; or
19		(iii) the taxpayer can establish, based on
20		clear and convincing evidence, that the interest
21		paid, accrued, or incurred relates to a contract
22		or agreement entered into at arm's-length rates
23		and terms and the principal purpose for the
24		payment is not federal or Illinois tax avoidance;
25		or
26		(iv) an item of interest paid, accrued, or

HB3817 Enrolled - 805 - LRB103 30519 DTM 56952 b
1		incurred, directly or indirectly, to a person if
2		the taxpayer establishes by clear and convincing
3		evidence that the adjustments are unreasonable; or
4		if the taxpayer and the Director agree in writing
5		to the application or use of an alternative method
6		of apportionment under Section 304(f).
7		Nothing in this subsection shall preclude the
8		Director from making any other adjustment
9		otherwise allowed under Section 404 of this Act
10		for any tax year beginning after the effective
11		date of this amendment provided such adjustment is
12		made pursuant to regulation adopted by the
13		Department and such regulations provide methods
14		and standards by which the Department will utilize
15		its authority under Section 404 of this Act;
16		(E-13) An amount equal to the amount of intangible
17		expenses and costs otherwise allowed as a deduction in
18		computing base income, and that were paid, accrued, or
19		incurred, directly or indirectly, (i) for taxable
20		years ending on or after December 31, 2004, to a
21		foreign person who would be a member of the same
22		unitary business group but for the fact that the
23		foreign person's business activity outside the United
24		States is 80% or more of that person's total business
25		activity and (ii) for taxable years ending on or after
26		December 31, 2008, to a person who would be a member of

HB3817 Enrolled - 806 - LRB103 30519 DTM 56952 b
1		the same unitary business group but for the fact that
2		the person is prohibited under Section 1501(a)(27)
3		from being included in the unitary business group
4		because he or she is ordinarily required to apportion
5		business income under different subsections of Section
6		304. The addition modification required by this
7		subparagraph shall be reduced to the extent that
8		dividends were included in base income of the unitary
9		group for the same taxable year and received by the
10		taxpayer or by a member of the taxpayer's unitary
11		business group (including amounts included in gross
12		income pursuant to Sections 951 through 964 of the
13		Internal Revenue Code and amounts included in gross
14		income under Section 78 of the Internal Revenue Code)
15		with respect to the stock of the same person to whom
16		the intangible expenses and costs were directly or
17		indirectly paid, incurred, or accrued. The preceding
18		sentence shall not apply to the extent that the same
19		dividends caused a reduction to the addition
20		modification required under Section 203(b)(2)(E-12) of
21		this Act. As used in this subparagraph, the term
22		"intangible expenses and costs" includes (1) expenses,
23		losses, and costs for, or related to, the direct or
24		indirect acquisition, use, maintenance or management,
25		ownership, sale, exchange, or any other disposition of
26		intangible property; (2) losses incurred, directly or

HB3817 Enrolled - 807 - LRB103 30519 DTM 56952 b
1		indirectly, from factoring transactions or discounting
2		transactions; (3) royalty, patent, technical, and
3		copyright fees; (4) licensing fees; and (5) other
4		similar expenses and costs. For purposes of this
5		subparagraph, "intangible property" includes patents,
6		patent applications, trade names, trademarks, service
7		marks, copyrights, mask works, trade secrets, and
8		similar types of intangible assets.
9		This paragraph shall not apply to the following:
10		(i) any item of intangible expenses or costs
11		paid, accrued, or incurred, directly or
12		indirectly, from a transaction with a person who
13		is subject in a foreign country or state, other
14		than a state which requires mandatory unitary
15		reporting, to a tax on or measured by net income
16		with respect to such item; or
17		(ii) any item of intangible expense or cost
18		paid, accrued, or incurred, directly or
19		indirectly, if the taxpayer can establish, based
20		on a preponderance of the evidence, both of the
21		following:
22		(a) the person during the same taxable
23		year paid, accrued, or incurred, the
24		intangible expense or cost to a person that is
25		not a related member, and
26		(b) the transaction giving rise to the

HB3817 Enrolled - 808 - LRB103 30519 DTM 56952 b
1		intangible expense or cost between the
2		taxpayer and the person did not have as a
3		principal purpose the avoidance of Illinois
4		income tax, and is paid pursuant to a contract
5		or agreement that reflects arm's-length terms;
6		or
7		(iii) any item of intangible expense or cost
8		paid, accrued, or incurred, directly or
9		indirectly, from a transaction with a person if
10		the taxpayer establishes by clear and convincing
11		evidence, that the adjustments are unreasonable;
12		or if the taxpayer and the Director agree in
13		writing to the application or use of an
14		alternative method of apportionment under Section
15		304(f);
16		Nothing in this subsection shall preclude the
17		Director from making any other adjustment
18		otherwise allowed under Section 404 of this Act
19		for any tax year beginning after the effective
20		date of this amendment provided such adjustment is
21		made pursuant to regulation adopted by the
22		Department and such regulations provide methods
23		and standards by which the Department will utilize
24		its authority under Section 404 of this Act;
25		(E-14) For taxable years ending on or after
26		December 31, 2008, an amount equal to the amount of

HB3817 Enrolled - 809 - LRB103 30519 DTM 56952 b
1		insurance premium expenses and costs otherwise allowed
2		as a deduction in computing base income, and that were
3		paid, accrued, or incurred, directly or indirectly, to
4		a person who would be a member of the same unitary
5		business group but for the fact that the person is
6		prohibited under Section 1501(a)(27) from being
7		included in the unitary business group because he or
8		she is ordinarily required to apportion business
9		income under different subsections of Section 304. The
10		addition modification required by this subparagraph
11		shall be reduced to the extent that dividends were
12		included in base income of the unitary group for the
13		same taxable year and received by the taxpayer or by a
14		member of the taxpayer's unitary business group
15		(including amounts included in gross income under
16		Sections 951 through 964 of the Internal Revenue Code
17		and amounts included in gross income under Section 78
18		of the Internal Revenue Code) with respect to the
19		stock of the same person to whom the premiums and costs
20		were directly or indirectly paid, incurred, or
21		accrued. The preceding sentence does not apply to the
22		extent that the same dividends caused a reduction to
23		the addition modification required under Section
24		203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this
25		Act;
26		(E-15) For taxable years beginning after December

HB3817 Enrolled - 810 - LRB103 30519 DTM 56952 b
1		31, 2008, any deduction for dividends paid by a
2		captive real estate investment trust that is allowed
3		to a real estate investment trust under Section
4		857(b)(2)(B) of the Internal Revenue Code for
5		dividends paid;
6		(E-16) An amount equal to the credit allowable to
7		the taxpayer under Section 218(a) of this Act,
8		determined without regard to Section 218(c) of this
9		Act;
10		(E-17) For taxable years ending on or after
11		December 31, 2017, an amount equal to the deduction
12		allowed under Section 199 of the Internal Revenue Code
13		for the taxable year;
14		(E-18) for taxable years beginning after December
15		31, 2018, an amount equal to the deduction allowed
16		under Section 250(a)(1)(A) of the Internal Revenue
17		Code for the taxable year;
18		(E-19) for taxable years ending on or after June
19		30, 2021, an amount equal to the deduction allowed
20		under Section 250(a)(1)(B)(i) of the Internal Revenue
21		Code for the taxable year;
22		(E-20) for taxable years ending on or after June
23		30, 2021, an amount equal to the deduction allowed
24		under Sections 243(e) and 245A(a) of the Internal
25		Revenue Code for the taxable year.
26		and by deducting from the total so obtained the sum of the

HB3817 Enrolled - 811 - LRB103 30519 DTM 56952 b
1		following amounts:
2		(F) An amount equal to the amount of any tax
3		imposed by this Act which was refunded to the taxpayer
4		and included in such total for the taxable year;
5		(G) An amount equal to any amount included in such
6		total under Section 78 of the Internal Revenue Code;
7		(H) In the case of a regulated investment company,
8		an amount equal to the amount of exempt interest
9		dividends as defined in subsection (b)(5) of Section
10		852 of the Internal Revenue Code, paid to shareholders
11		for the taxable year;
12		(I) With the exception of any amounts subtracted
13		under subparagraph (J), an amount equal to the sum of
14		all amounts disallowed as deductions by (i) Sections
15		171(a)(2) and 265(a)(2) and amounts disallowed as
16		interest expense by Section 291(a)(3) of the Internal
17		Revenue Code, and all amounts of expenses allocable to
18		interest and disallowed as deductions by Section
19		265(a)(1) of the Internal Revenue Code; and (ii) for
20		taxable years ending on or after August 13, 1999,
21		Sections 171(a)(2), 265, 280C, 291(a)(3), and
22		832(b)(5)(B)(i) of the Internal Revenue Code, plus,
23		for tax years ending on or after December 31, 2011,
24		amounts disallowed as deductions by Section 45G(e)(3)
25		of the Internal Revenue Code and, for taxable years
26		ending on or after December 31, 2008, any amount

HB3817 Enrolled - 812 - LRB103 30519 DTM 56952 b
1		included in gross income under Section 87 of the
2		Internal Revenue Code and the policyholders' share of
3		tax-exempt interest of a life insurance company under
4		Section 807(a)(2)(B) of the Internal Revenue Code (in
5		the case of a life insurance company with gross income
6		from a decrease in reserves for the tax year) or
7		Section 807(b)(1)(B) of the Internal Revenue Code (in
8		the case of a life insurance company allowed a
9		deduction for an increase in reserves for the tax
10		year); the provisions of this subparagraph are exempt
11		from the provisions of Section 250;
12		(J) An amount equal to all amounts included in
13		such total which are exempt from taxation by this
14		State either by reason of its statutes or Constitution
15		or by reason of the Constitution, treaties or statutes
16		of the United States; provided that, in the case of any
17		statute of this State that exempts income derived from
18		bonds or other obligations from the tax imposed under
19		this Act, the amount exempted shall be the interest
20		net of bond premium amortization;
21		(K) An amount equal to those dividends included in
22		such total which were paid by a corporation which
23		conducts business operations in a River Edge
24		Redevelopment Zone or zones created under the River
25		Edge Redevelopment Zone Act and conducts substantially
26		all of its operations in a River Edge Redevelopment

HB3817 Enrolled - 813 - LRB103 30519 DTM 56952 b
1		Zone or zones. This subparagraph (K) is exempt from
2		the provisions of Section 250;
3		(L) An amount equal to those dividends included in
4		such total that were paid by a corporation that
5		conducts business operations in a federally designated
6		Foreign Trade Zone or Sub-Zone and that is designated
7		a High Impact Business located in Illinois; provided
8		that dividends eligible for the deduction provided in
9		subparagraph (K) of paragraph 2 of this subsection
10		shall not be eligible for the deduction provided under
11		this subparagraph (L);
12		(M) For any taxpayer that is a financial
13		organization within the meaning of Section 304(c) of
14		this Act, an amount included in such total as interest
15		income from a loan or loans made by such taxpayer to a
16		borrower, to the extent that such a loan is secured by
17		property which is eligible for the River Edge
18		Redevelopment Zone Investment Credit. To determine the
19		portion of a loan or loans that is secured by property
20		eligible for a Section 201(f) investment credit to the
21		borrower, the entire principal amount of the loan or
22		loans between the taxpayer and the borrower should be
23		divided into the basis of the Section 201(f)
24		investment credit property which secures the loan or
25		loans, using for this purpose the original basis of
26		such property on the date that it was placed in service

HB3817 Enrolled - 814 - LRB103 30519 DTM 56952 b
1		in the River Edge Redevelopment Zone. The subtraction
2		modification available to the taxpayer in any year
3		under this subsection shall be that portion of the
4		total interest paid by the borrower with respect to
5		such loan attributable to the eligible property as
6		calculated under the previous sentence. This
7		subparagraph (M) is exempt from the provisions of
8		Section 250;
9		(M-1) For any taxpayer that is a financial
10		organization within the meaning of Section 304(c) of
11		this Act, an amount included in such total as interest
12		income from a loan or loans made by such taxpayer to a
13		borrower, to the extent that such a loan is secured by
14		property which is eligible for the High Impact
15		Business Investment Credit. To determine the portion
16		of a loan or loans that is secured by property eligible
17		for a Section 201(h) investment credit to the
18		borrower, the entire principal amount of the loan or
19		loans between the taxpayer and the borrower should be
20		divided into the basis of the Section 201(h)
21		investment credit property which secures the loan or
22		loans, using for this purpose the original basis of
23		such property on the date that it was placed in service
24		in a federally designated Foreign Trade Zone or
25		Sub-Zone located in Illinois. No taxpayer that is
26		eligible for the deduction provided in subparagraph

HB3817 Enrolled - 815 - LRB103 30519 DTM 56952 b
1		(M) of paragraph (2) of this subsection shall be
2		eligible for the deduction provided under this
3		subparagraph (M-1). The subtraction modification
4		available to taxpayers in any year under this
5		subsection shall be that portion of the total interest
6		paid by the borrower with respect to such loan
7		attributable to the eligible property as calculated
8		under the previous sentence;
9		(N) Two times any contribution made during the
10		taxable year to a designated zone organization to the
11		extent that the contribution (i) qualifies as a
12		charitable contribution under subsection (c) of
13		Section 170 of the Internal Revenue Code and (ii)
14		must, by its terms, be used for a project approved by
15		the Department of Commerce and Economic Opportunity
16		under Section 11 of the Illinois Enterprise Zone Act
17		or under Section 10-10 of the River Edge Redevelopment
18		Zone Act. This subparagraph (N) is exempt from the
19		provisions of Section 250;
20		(O) An amount equal to: (i) 85% for taxable years
21		ending on or before December 31, 1992, or, a
22		percentage equal to the percentage allowable under
23		Section 243(a)(1) of the Internal Revenue Code of 1986
24		for taxable years ending after December 31, 1992, of
25		the amount by which dividends included in taxable
26		income and received from a corporation that is not

HB3817 Enrolled - 816 - LRB103 30519 DTM 56952 b
1		created or organized under the laws of the United
2		States or any state or political subdivision thereof,
3		including, for taxable years ending on or after
4		December 31, 1988, dividends received or deemed
5		received or paid or deemed paid under Sections 951
6		through 965 of the Internal Revenue Code, exceed the
7		amount of the modification provided under subparagraph
8		(G) of paragraph (2) of this subsection (b) which is
9		related to such dividends, and including, for taxable
10		years ending on or after December 31, 2008, dividends
11		received from a captive real estate investment trust;
12		plus (ii) 100% of the amount by which dividends,
13		included in taxable income and received, including,
14		for taxable years ending on or after December 31,
15		1988, dividends received or deemed received or paid or
16		deemed paid under Sections 951 through 964 of the
17		Internal Revenue Code and including, for taxable years
18		ending on or after December 31, 2008, dividends
19		received from a captive real estate investment trust,
20		from any such corporation specified in clause (i) that
21		would but for the provisions of Section 1504(b)(3) of
22		the Internal Revenue Code be treated as a member of the
23		affiliated group which includes the dividend
24		recipient, exceed the amount of the modification
25		provided under subparagraph (G) of paragraph (2) of
26		this subsection (b) which is related to such

HB3817 Enrolled - 817 - LRB103 30519 DTM 56952 b
1		dividends. For taxable years ending on or after June
2		30, 2021, (i) for purposes of this subparagraph, the
3		term "dividend" does not include any amount treated as
4		a dividend under Section 1248 of the Internal Revenue
5		Code, and (ii) this subparagraph shall not apply to
6		dividends for which a deduction is allowed under
7		Section 245(a) of the Internal Revenue Code. This
8		subparagraph (O) is exempt from the provisions of
9		Section 250 of this Act;
10		(P) An amount equal to any contribution made to a
11		job training project established pursuant to the Tax
12		Increment Allocation Redevelopment Act;
13		(Q) An amount equal to the amount of the deduction
14		used to compute the federal income tax credit for
15		restoration of substantial amounts held under claim of
16		right for the taxable year pursuant to Section 1341 of
17		the Internal Revenue Code;
18		(R) On and after July 20, 1999, in the case of an
19		attorney-in-fact with respect to whom an interinsurer
20		or a reciprocal insurer has made the election under
21		Section 835 of the Internal Revenue Code, 26 U.S.C.
22		835, an amount equal to the excess, if any, of the
23		amounts paid or incurred by that interinsurer or
24		reciprocal insurer in the taxable year to the
25		attorney-in-fact over the deduction allowed to that
26		interinsurer or reciprocal insurer with respect to the

HB3817 Enrolled - 818 - LRB103 30519 DTM 56952 b
1		attorney-in-fact under Section 835(b) of the Internal
2		Revenue Code for the taxable year; the provisions of
3		this subparagraph are exempt from the provisions of
4		Section 250;
5		(S) For taxable years ending on or after December
6		31, 1997, in the case of a Subchapter S corporation, an
7		amount equal to all amounts of income allocable to a
8		shareholder subject to the Personal Property Tax
9		Replacement Income Tax imposed by subsections (c) and
10		(d) of Section 201 of this Act, including amounts
11		allocable to organizations exempt from federal income
12		tax by reason of Section 501(a) of the Internal
13		Revenue Code. This subparagraph (S) is exempt from the
14		provisions of Section 250;
15		(T) For taxable years 2001 and thereafter, for the
16		taxable year in which the bonus depreciation deduction
17		is taken on the taxpayer's federal income tax return
18		under subsection (k) of Section 168 of the Internal
19		Revenue Code and for each applicable taxable year
20		thereafter, an amount equal to "x", where:
21		(1) "y" equals the amount of the depreciation
22		deduction taken for the taxable year on the
23		taxpayer's federal income tax return on property
24		for which the bonus depreciation deduction was
25		taken in any year under subsection (k) of Section
26		168 of the Internal Revenue Code, but not

HB3817 Enrolled - 819 - LRB103 30519 DTM 56952 b
1		including the bonus depreciation deduction;
2		(2) for taxable years ending on or before
3		December 31, 2005, "x" equals "y" multiplied by 30
4		and then divided by 70 (or "y" multiplied by
5		0.429); and
6		(3) for taxable years ending after December
7		31, 2005:
8		(i) for property on which a bonus
9		depreciation deduction of 30% of the adjusted
10		basis was taken, "x" equals "y" multiplied by
11		30 and then divided by 70 (or "y" multiplied
12		by 0.429);
13		(ii) for property on which a bonus
14		depreciation deduction of 50% of the adjusted
15		basis was taken, "x" equals "y" multiplied by
16		1.0;
17		(iii) for property on which a bonus
18		depreciation deduction of 100% of the adjusted
19		basis was taken in a taxable year ending on or
20		after December 31, 2021, "x" equals the
21		depreciation deduction that would be allowed
22		on that property if the taxpayer had made the
23		election under Section 168(k)(7) of the
24		Internal Revenue Code to not claim bonus
25		depreciation on that property; and
26		(iv) for property on which a bonus

HB3817 Enrolled - 820 - LRB103 30519 DTM 56952 b
1		depreciation deduction of a percentage other
2		than 30%, 50% or 100% of the adjusted basis
3		was taken in a taxable year ending on or after
4		December 31, 2021, "x" equals "y" multiplied
5		by 100 times the percentage bonus depreciation
6		on the property (that is, 100(bonus%)) and
7		then divided by 100 times 1 minus the
8		percentage bonus depreciation on the property
9		(that is, 100(1–bonus%)).
10		The aggregate amount deducted under this
11		subparagraph in all taxable years for any one piece of
12		property may not exceed the amount of the bonus
13		depreciation deduction taken on that property on the
14		taxpayer's federal income tax return under subsection
15		(k) of Section 168 of the Internal Revenue Code. This
16		subparagraph (T) is exempt from the provisions of
17		Section 250;
18		(U) If the taxpayer sells, transfers, abandons, or
19		otherwise disposes of property for which the taxpayer
20		was required in any taxable year to make an addition
21		modification under subparagraph (E-10), then an amount
22		equal to that addition modification.
23		If the taxpayer continues to own property through
24		the last day of the last tax year for which a
25		subtraction is allowed with respect to that property
26		under subparagraph (T) and for which the taxpayer was

HB3817 Enrolled - 821 - LRB103 30519 DTM 56952 b
1		required in any taxable year to make an addition
2		modification under subparagraph (E-10), then an amount
3		equal to that addition modification.
4		The taxpayer is allowed to take the deduction
5		under this subparagraph only once with respect to any
6		one piece of property.
7		This subparagraph (U) is exempt from the
8		provisions of Section 250;
9		(V) The amount of: (i) any interest income (net of
10		the deductions allocable thereto) taken into account
11		for the taxable year with respect to a transaction
12		with a taxpayer that is required to make an addition
13		modification with respect to such transaction under
14		Section 203(a)(2)(D-17), 203(b)(2)(E-12),
15		203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
16		the amount of such addition modification, (ii) any
17		income from intangible property (net of the deductions
18		allocable thereto) taken into account for the taxable
19		year with respect to a transaction with a taxpayer
20		that is required to make an addition modification with
21		respect to such transaction under Section
22		203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
23		203(d)(2)(D-8), but not to exceed the amount of such
24		addition modification, and (iii) any insurance premium
25		income (net of deductions allocable thereto) taken
26		into account for the taxable year with respect to a

HB3817 Enrolled - 822 - LRB103 30519 DTM 56952 b
1		transaction with a taxpayer that is required to make
2		an addition modification with respect to such
3		transaction under Section 203(a)(2)(D-19), Section
4		203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section
5		203(d)(2)(D-9), but not to exceed the amount of that
6		addition modification. This subparagraph (V) is exempt
7		from the provisions of Section 250;
8		(W) An amount equal to the interest income taken
9		into account for the taxable year (net of the
10		deductions allocable thereto) with respect to
11		transactions with (i) a foreign person who would be a
12		member of the taxpayer's unitary business group but
13		for the fact that the foreign person's business
14		activity outside the United States is 80% or more of
15		that person's total business activity and (ii) for
16		taxable years ending on or after December 31, 2008, to
17		a person who would be a member of the same unitary
18		business group but for the fact that the person is
19		prohibited under Section 1501(a)(27) from being
20		included in the unitary business group because he or
21		she is ordinarily required to apportion business
22		income under different subsections of Section 304, but
23		not to exceed the addition modification required to be
24		made for the same taxable year under Section
25		203(b)(2)(E-12) for interest paid, accrued, or
26		incurred, directly or indirectly, to the same person.

HB3817 Enrolled - 823 - LRB103 30519 DTM 56952 b
1		This subparagraph (W) is exempt from the provisions of
2		Section 250;
3		(X) An amount equal to the income from intangible
4		property taken into account for the taxable year (net
5		of the deductions allocable thereto) with respect to
6		transactions with (i) a foreign person who would be a
7		member of the taxpayer's unitary business group but
8		for the fact that the foreign person's business
9		activity outside the United States is 80% or more of
10		that person's total business activity and (ii) for
11		taxable years ending on or after December 31, 2008, to
12		a person who would be a member of the same unitary
13		business group but for the fact that the person is
14		prohibited under Section 1501(a)(27) from being
15		included in the unitary business group because he or
16		she is ordinarily required to apportion business
17		income under different subsections of Section 304, but
18		not to exceed the addition modification required to be
19		made for the same taxable year under Section
20		203(b)(2)(E-13) for intangible expenses and costs
21		paid, accrued, or incurred, directly or indirectly, to
22		the same foreign person. This subparagraph (X) is
23		exempt from the provisions of Section 250;
24		(Y) For taxable years ending on or after December
25		31, 2011, in the case of a taxpayer who was required to
26		add back any insurance premiums under Section

HB3817 Enrolled - 824 - LRB103 30519 DTM 56952 b
1		203(b)(2)(E-14), such taxpayer may elect to subtract
2		that part of a reimbursement received from the
3		insurance company equal to the amount of the expense
4		or loss (including expenses incurred by the insurance
5		company) that would have been taken into account as a
6		deduction for federal income tax purposes if the
7		expense or loss had been uninsured. If a taxpayer
8		makes the election provided for by this subparagraph
9		(Y), the insurer to which the premiums were paid must
10		add back to income the amount subtracted by the
11		taxpayer pursuant to this subparagraph (Y). This
12		subparagraph (Y) is exempt from the provisions of
13		Section 250; and
14		(Z) The difference between the nondeductible
15		controlled foreign corporation dividends under Section
16		965(e)(3) of the Internal Revenue Code over the
17		taxable income of the taxpayer, computed without
18		regard to Section 965(e)(2)(A) of the Internal Revenue
19		Code, and without regard to any net operating loss
20		deduction. This subparagraph (Z) is exempt from the
21		provisions of Section 250; and .
22		(AA) For taxable years beginning on or after
23		January 1, 2023, for any cannabis establishment
24		operating in this State and licensed under the
25		Cannabis Regulation and Tax Act or any cannabis
26		cultivation center or medical cannabis dispensing

HB3817 Enrolled - 825 - LRB103 30519 DTM 56952 b
1		organization operating in this State and licensed
2		under the Compassionate Use of Medical Cannabis
3		Program Act, an amount equal to the deductions that
4		were disallowed under Section 280E of the Internal
5		Revenue Code for the taxable year and that would not be
6		added back under this subsection. The provisions of
7		this subparagraph (AA) are exempt from the provisions
8		of Section 250.
9		(3) Special rule. For purposes of paragraph (2)(A),
10		"gross income" in the case of a life insurance company,
11		for tax years ending on and after December 31, 1994, and
12		prior to December 31, 2011, shall mean the gross
13		investment income for the taxable year and, for tax years
14		ending on or after December 31, 2011, shall mean all
15		amounts included in life insurance gross income under
16		Section 803(a)(3) of the Internal Revenue Code.
17		(c) Trusts and estates.
18		(1) In general. In the case of a trust or estate, base
19		income means an amount equal to the taxpayer's taxable
20		income for the taxable year as modified by paragraph (2).
21		(2) Modifications. Subject to the provisions of
22		paragraph (3), the taxable income referred to in paragraph
23		(1) shall be modified by adding thereto the sum of the
24		following amounts:
25		(A) An amount equal to all amounts paid or accrued

HB3817 Enrolled - 826 - LRB103 30519 DTM 56952 b
1		to the taxpayer as interest or dividends during the
2		taxable year to the extent excluded from gross income
3		in the computation of taxable income;
4		(B) In the case of (i) an estate, $600; (ii) a
5		trust which, under its governing instrument, is
6		required to distribute all of its income currently,
7		$300; and (iii) any other trust, $100, but in each such
8		case, only to the extent such amount was deducted in
9		the computation of taxable income;
10		(C) An amount equal to the amount of tax imposed by
11		this Act to the extent deducted from gross income in
12		the computation of taxable income for the taxable
13		year;
14		(D) The amount of any net operating loss deduction
15		taken in arriving at taxable income, other than a net
16		operating loss carried forward from a taxable year
17		ending prior to December 31, 1986;
18		(E) For taxable years in which a net operating
19		loss carryback or carryforward from a taxable year
20		ending prior to December 31, 1986 is an element of
21		taxable income under paragraph (1) of subsection (e)
22		or subparagraph (E) of paragraph (2) of subsection
23		(e), the amount by which addition modifications other
24		than those provided by this subparagraph (E) exceeded
25		subtraction modifications in such taxable year, with
26		the following limitations applied in the order that

HB3817 Enrolled - 827 - LRB103 30519 DTM 56952 b
1		they are listed:
2		(i) the addition modification relating to the
3		net operating loss carried back or forward to the
4		taxable year from any taxable year ending prior to
5		December 31, 1986 shall be reduced by the amount
6		of addition modification under this subparagraph
7		(E) which related to that net operating loss and
8		which was taken into account in calculating the
9		base income of an earlier taxable year, and
10		(ii) the addition modification relating to the
11		net operating loss carried back or forward to the
12		taxable year from any taxable year ending prior to
13		December 31, 1986 shall not exceed the amount of
14		such carryback or carryforward;
15		For taxable years in which there is a net
16		operating loss carryback or carryforward from more
17		than one other taxable year ending prior to December
18		31, 1986, the addition modification provided in this
19		subparagraph (E) shall be the sum of the amounts
20		computed independently under the preceding provisions
21		of this subparagraph (E) for each such taxable year;
22		(F) For taxable years ending on or after January
23		1, 1989, an amount equal to the tax deducted pursuant
24		to Section 164 of the Internal Revenue Code if the
25		trust or estate is claiming the same tax for purposes
26		of the Illinois foreign tax credit under Section 601

HB3817 Enrolled - 828 - LRB103 30519 DTM 56952 b
1		of this Act;
2		(G) An amount equal to the amount of the capital
3		gain deduction allowable under the Internal Revenue
4		Code, to the extent deducted from gross income in the
5		computation of taxable income;
6		(G-5) For taxable years ending after December 31,
7		1997, an amount equal to any eligible remediation
8		costs that the trust or estate deducted in computing
9		adjusted gross income and for which the trust or
10		estate claims a credit under subsection (l) of Section
11		201;
12		(G-10) For taxable years 2001 and thereafter, an
13		amount equal to the bonus depreciation deduction taken
14		on the taxpayer's federal income tax return for the
15		taxable year under subsection (k) of Section 168 of
16		the Internal Revenue Code; and
17		(G-11) If the taxpayer sells, transfers, abandons,
18		or otherwise disposes of property for which the
19		taxpayer was required in any taxable year to make an
20		addition modification under subparagraph (G-10), then
21		an amount equal to the aggregate amount of the
22		deductions taken in all taxable years under
23		subparagraph (R) with respect to that property.
24		If the taxpayer continues to own property through
25		the last day of the last tax year for which a
26		subtraction is allowed with respect to that property

HB3817 Enrolled - 829 - LRB103 30519 DTM 56952 b
1		under subparagraph (R) and for which the taxpayer was
2		allowed in any taxable year to make a subtraction
3		modification under subparagraph (R), then an amount
4		equal to that subtraction modification.
5		The taxpayer is required to make the addition
6		modification under this subparagraph only once with
7		respect to any one piece of property;
8		(G-12) An amount equal to the amount otherwise
9		allowed as a deduction in computing base income for
10		interest paid, accrued, or incurred, directly or
11		indirectly, (i) for taxable years ending on or after
12		December 31, 2004, to a foreign person who would be a
13		member of the same unitary business group but for the
14		fact that the foreign person's business activity
15		outside the United States is 80% or more of the foreign
16		person's total business activity and (ii) for taxable
17		years ending on or after December 31, 2008, to a person
18		who would be a member of the same unitary business
19		group but for the fact that the person is prohibited
20		under Section 1501(a)(27) from being included in the
21		unitary business group because he or she is ordinarily
22		required to apportion business income under different
23		subsections of Section 304. The addition modification
24		required by this subparagraph shall be reduced to the
25		extent that dividends were included in base income of
26		the unitary group for the same taxable year and

HB3817 Enrolled - 830 - LRB103 30519 DTM 56952 b
1		received by the taxpayer or by a member of the
2		taxpayer's unitary business group (including amounts
3		included in gross income pursuant to Sections 951
4		through 964 of the Internal Revenue Code and amounts
5		included in gross income under Section 78 of the
6		Internal Revenue Code) with respect to the stock of
7		the same person to whom the interest was paid,
8		accrued, or incurred.
9		This paragraph shall not apply to the following:
10		(i) an item of interest paid, accrued, or
11		incurred, directly or indirectly, to a person who
12		is subject in a foreign country or state, other
13		than a state which requires mandatory unitary
14		reporting, to a tax on or measured by net income
15		with respect to such interest; or
16		(ii) an item of interest paid, accrued, or
17		incurred, directly or indirectly, to a person if
18		the taxpayer can establish, based on a
19		preponderance of the evidence, both of the
20		following:
21		(a) the person, during the same taxable
22		year, paid, accrued, or incurred, the interest
23		to a person that is not a related member, and
24		(b) the transaction giving rise to the
25		interest expense between the taxpayer and the
26		person did not have as a principal purpose the

HB3817 Enrolled - 831 - LRB103 30519 DTM 56952 b
1		avoidance of Illinois income tax, and is paid
2		pursuant to a contract or agreement that
3		reflects an arm's-length interest rate and
4		terms; or
5		(iii) the taxpayer can establish, based on
6		clear and convincing evidence, that the interest
7		paid, accrued, or incurred relates to a contract
8		or agreement entered into at arm's-length rates
9		and terms and the principal purpose for the
10		payment is not federal or Illinois tax avoidance;
11		or
12		(iv) an item of interest paid, accrued, or
13		incurred, directly or indirectly, to a person if
14		the taxpayer establishes by clear and convincing
15		evidence that the adjustments are unreasonable; or
16		if the taxpayer and the Director agree in writing
17		to the application or use of an alternative method
18		of apportionment under Section 304(f).
19		Nothing in this subsection shall preclude the
20		Director from making any other adjustment
21		otherwise allowed under Section 404 of this Act
22		for any tax year beginning after the effective
23		date of this amendment provided such adjustment is
24		made pursuant to regulation adopted by the
25		Department and such regulations provide methods
26		and standards by which the Department will utilize

HB3817 Enrolled - 832 - LRB103 30519 DTM 56952 b
1		its authority under Section 404 of this Act;
2		(G-13) An amount equal to the amount of intangible
3		expenses and costs otherwise allowed as a deduction in
4		computing base income, and that were paid, accrued, or
5		incurred, directly or indirectly, (i) for taxable
6		years ending on or after December 31, 2004, to a
7		foreign person who would be a member of the same
8		unitary business group but for the fact that the
9		foreign person's business activity outside the United
10		States is 80% or more of that person's total business
11		activity and (ii) for taxable years ending on or after
12		December 31, 2008, to a person who would be a member of
13		the same unitary business group but for the fact that
14		the person is prohibited under Section 1501(a)(27)
15		from being included in the unitary business group
16		because he or she is ordinarily required to apportion
17		business income under different subsections of Section
18		304. The addition modification required by this
19		subparagraph shall be reduced to the extent that
20		dividends were included in base income of the unitary
21		group for the same taxable year and received by the
22		taxpayer or by a member of the taxpayer's unitary
23		business group (including amounts included in gross
24		income pursuant to Sections 951 through 964 of the
25		Internal Revenue Code and amounts included in gross
26		income under Section 78 of the Internal Revenue Code)

HB3817 Enrolled - 833 - LRB103 30519 DTM 56952 b
1		with respect to the stock of the same person to whom
2		the intangible expenses and costs were directly or
3		indirectly paid, incurred, or accrued. The preceding
4		sentence shall not apply to the extent that the same
5		dividends caused a reduction to the addition
6		modification required under Section 203(c)(2)(G-12) of
7		this Act. As used in this subparagraph, the term
8		"intangible expenses and costs" includes: (1)
9		expenses, losses, and costs for or related to the
10		direct or indirect acquisition, use, maintenance or
11		management, ownership, sale, exchange, or any other
12		disposition of intangible property; (2) losses
13		incurred, directly or indirectly, from factoring
14		transactions or discounting transactions; (3) royalty,
15		patent, technical, and copyright fees; (4) licensing
16		fees; and (5) other similar expenses and costs. For
17		purposes of this subparagraph, "intangible property"
18		includes patents, patent applications, trade names,
19		trademarks, service marks, copyrights, mask works,
20		trade secrets, and similar types of intangible assets.
21		This paragraph shall not apply to the following:
22		(i) any item of intangible expenses or costs
23		paid, accrued, or incurred, directly or
24		indirectly, from a transaction with a person who
25		is subject in a foreign country or state, other
26		than a state which requires mandatory unitary

HB3817 Enrolled - 834 - LRB103 30519 DTM 56952 b
1		reporting, to a tax on or measured by net income
2		with respect to such item; or
3		(ii) any item of intangible expense or cost
4		paid, accrued, or incurred, directly or
5		indirectly, if the taxpayer can establish, based
6		on a preponderance of the evidence, both of the
7		following:
8		(a) the person during the same taxable
9		year paid, accrued, or incurred, the
10		intangible expense or cost to a person that is
11		not a related member, and
12		(b) the transaction giving rise to the
13		intangible expense or cost between the
14		taxpayer and the person did not have as a
15		principal purpose the avoidance of Illinois
16		income tax, and is paid pursuant to a contract
17		or agreement that reflects arm's-length terms;
18		or
19		(iii) any item of intangible expense or cost
20		paid, accrued, or incurred, directly or
21		indirectly, from a transaction with a person if
22		the taxpayer establishes by clear and convincing
23		evidence, that the adjustments are unreasonable;
24		or if the taxpayer and the Director agree in
25		writing to the application or use of an
26		alternative method of apportionment under Section

HB3817 Enrolled - 835 - LRB103 30519 DTM 56952 b
1		304(f);
2		Nothing in this subsection shall preclude the
3		Director from making any other adjustment
4		otherwise allowed under Section 404 of this Act
5		for any tax year beginning after the effective
6		date of this amendment provided such adjustment is
7		made pursuant to regulation adopted by the
8		Department and such regulations provide methods
9		and standards by which the Department will utilize
10		its authority under Section 404 of this Act;
11		(G-14) For taxable years ending on or after
12		December 31, 2008, an amount equal to the amount of
13		insurance premium expenses and costs otherwise allowed
14		as a deduction in computing base income, and that were
15		paid, accrued, or incurred, directly or indirectly, to
16		a person who would be a member of the same unitary
17		business group but for the fact that the person is
18		prohibited under Section 1501(a)(27) from being
19		included in the unitary business group because he or
20		she is ordinarily required to apportion business
21		income under different subsections of Section 304. The
22		addition modification required by this subparagraph
23		shall be reduced to the extent that dividends were
24		included in base income of the unitary group for the
25		same taxable year and received by the taxpayer or by a
26		member of the taxpayer's unitary business group

HB3817 Enrolled - 836 - LRB103 30519 DTM 56952 b
1		(including amounts included in gross income under
2		Sections 951 through 964 of the Internal Revenue Code
3		and amounts included in gross income under Section 78
4		of the Internal Revenue Code) with respect to the
5		stock of the same person to whom the premiums and costs
6		were directly or indirectly paid, incurred, or
7		accrued. The preceding sentence does not apply to the
8		extent that the same dividends caused a reduction to
9		the addition modification required under Section
10		203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this
11		Act;
12		(G-15) An amount equal to the credit allowable to
13		the taxpayer under Section 218(a) of this Act,
14		determined without regard to Section 218(c) of this
15		Act;
16		(G-16) For taxable years ending on or after
17		December 31, 2017, an amount equal to the deduction
18		allowed under Section 199 of the Internal Revenue Code
19		for the taxable year;
20		and by deducting from the total so obtained the sum of the
21		following amounts:
22		(H) An amount equal to all amounts included in
23		such total pursuant to the provisions of Sections
24		402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408
25		of the Internal Revenue Code or included in such total
26		as distributions under the provisions of any

HB3817 Enrolled - 837 - LRB103 30519 DTM 56952 b
1		retirement or disability plan for employees of any
2		governmental agency or unit, or retirement payments to
3		retired partners, which payments are excluded in
4		computing net earnings from self employment by Section
5		1402 of the Internal Revenue Code and regulations
6		adopted pursuant thereto;
7		(I) The valuation limitation amount;
8		(J) An amount equal to the amount of any tax
9		imposed by this Act which was refunded to the taxpayer
10		and included in such total for the taxable year;
11		(K) An amount equal to all amounts included in
12		taxable income as modified by subparagraphs (A), (B),
13		(C), (D), (E), (F) and (G) which are exempt from
14		taxation by this State either by reason of its
15		statutes or Constitution or by reason of the
16		Constitution, treaties or statutes of the United
17		States; provided that, in the case of any statute of
18		this State that exempts income derived from bonds or
19		other obligations from the tax imposed under this Act,
20		the amount exempted shall be the interest net of bond
21		premium amortization;
22		(L) With the exception of any amounts subtracted
23		under subparagraph (K), an amount equal to the sum of
24		all amounts disallowed as deductions by (i) Sections
25		171(a)(2) and 265(a)(2) of the Internal Revenue Code,
26		and all amounts of expenses allocable to interest and

HB3817 Enrolled - 838 - LRB103 30519 DTM 56952 b
1		disallowed as deductions by Section 265(a)(1) of the
2		Internal Revenue Code; and (ii) for taxable years
3		ending on or after August 13, 1999, Sections
4		171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
5		Internal Revenue Code, plus, (iii) for taxable years
6		ending on or after December 31, 2011, Section
7		45G(e)(3) of the Internal Revenue Code and, for
8		taxable years ending on or after December 31, 2008,
9		any amount included in gross income under Section 87
10		of the Internal Revenue Code; the provisions of this
11		subparagraph are exempt from the provisions of Section
12		250;
13		(M) An amount equal to those dividends included in
14		such total which were paid by a corporation which
15		conducts business operations in a River Edge
16		Redevelopment Zone or zones created under the River
17		Edge Redevelopment Zone Act and conducts substantially
18		all of its operations in a River Edge Redevelopment
19		Zone or zones. This subparagraph (M) is exempt from
20		the provisions of Section 250;
21		(N) An amount equal to any contribution made to a
22		job training project established pursuant to the Tax
23		Increment Allocation Redevelopment Act;
24		(O) An amount equal to those dividends included in
25		such total that were paid by a corporation that
26		conducts business operations in a federally designated

HB3817 Enrolled - 839 - LRB103 30519 DTM 56952 b
1		Foreign Trade Zone or Sub-Zone and that is designated
2		a High Impact Business located in Illinois; provided
3		that dividends eligible for the deduction provided in
4		subparagraph (M) of paragraph (2) of this subsection
5		shall not be eligible for the deduction provided under
6		this subparagraph (O);
7		(P) An amount equal to the amount of the deduction
8		used to compute the federal income tax credit for
9		restoration of substantial amounts held under claim of
10		right for the taxable year pursuant to Section 1341 of
11		the Internal Revenue Code;
12		(Q) For taxable year 1999 and thereafter, an
13		amount equal to the amount of any (i) distributions,
14		to the extent includible in gross income for federal
15		income tax purposes, made to the taxpayer because of
16		his or her status as a victim of persecution for racial
17		or religious reasons by Nazi Germany or any other Axis
18		regime or as an heir of the victim and (ii) items of
19		income, to the extent includible in gross income for
20		federal income tax purposes, attributable to, derived
21		from or in any way related to assets stolen from,
22		hidden from, or otherwise lost to a victim of
23		persecution for racial or religious reasons by Nazi
24		Germany or any other Axis regime immediately prior to,
25		during, and immediately after World War II, including,
26		but not limited to, interest on the proceeds

HB3817 Enrolled - 840 - LRB103 30519 DTM 56952 b
1		receivable as insurance under policies issued to a
2		victim of persecution for racial or religious reasons
3		by Nazi Germany or any other Axis regime by European
4		insurance companies immediately prior to and during
5		World War II; provided, however, this subtraction from
6		federal adjusted gross income does not apply to assets
7		acquired with such assets or with the proceeds from
8		the sale of such assets; provided, further, this
9		paragraph shall only apply to a taxpayer who was the
10		first recipient of such assets after their recovery
11		and who is a victim of persecution for racial or
12		religious reasons by Nazi Germany or any other Axis
13		regime or as an heir of the victim. The amount of and
14		the eligibility for any public assistance, benefit, or
15		similar entitlement is not affected by the inclusion
16		of items (i) and (ii) of this paragraph in gross income
17		for federal income tax purposes. This paragraph is
18		exempt from the provisions of Section 250;
19		(R) For taxable years 2001 and thereafter, for the
20		taxable year in which the bonus depreciation deduction
21		is taken on the taxpayer's federal income tax return
22		under subsection (k) of Section 168 of the Internal
23		Revenue Code and for each applicable taxable year
24		thereafter, an amount equal to "x", where:
25		(1) "y" equals the amount of the depreciation
26		deduction taken for the taxable year on the

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1		taxpayer's federal income tax return on property
2		for which the bonus depreciation deduction was
3		taken in any year under subsection (k) of Section
4		168 of the Internal Revenue Code, but not
5		including the bonus depreciation deduction;
6		(2) for taxable years ending on or before
7		December 31, 2005, "x" equals "y" multiplied by 30
8		and then divided by 70 (or "y" multiplied by
9		0.429); and
10		(3) for taxable years ending after December
11		31, 2005:
12		(i) for property on which a bonus
13		depreciation deduction of 30% of the adjusted
14		basis was taken, "x" equals "y" multiplied by
15		30 and then divided by 70 (or "y" multiplied
16		by 0.429);
17		(ii) for property on which a bonus
18		depreciation deduction of 50% of the adjusted
19		basis was taken, "x" equals "y" multiplied by
20		1.0;
21		(iii) for property on which a bonus
22		depreciation deduction of 100% of the adjusted
23		basis was taken in a taxable year ending on or
24		after December 31, 2021, "x" equals the
25		depreciation deduction that would be allowed
26		on that property if the taxpayer had made the

HB3817 Enrolled - 842 - LRB103 30519 DTM 56952 b
1		election under Section 168(k)(7) of the
2		Internal Revenue Code to not claim bonus
3		depreciation on that property; and
4		(iv) for property on which a bonus
5		depreciation deduction of a percentage other
6		than 30%, 50% or 100% of the adjusted basis
7		was taken in a taxable year ending on or after
8		December 31, 2021, "x" equals "y" multiplied
9		by 100 times the percentage bonus depreciation
10		on the property (that is, 100(bonus%)) and
11		then divided by 100 times 1 minus the
12		percentage bonus depreciation on the property
13		(that is, 100(1–bonus%)).
14		The aggregate amount deducted under this
15		subparagraph in all taxable years for any one piece of
16		property may not exceed the amount of the bonus
17		depreciation deduction taken on that property on the
18		taxpayer's federal income tax return under subsection
19		(k) of Section 168 of the Internal Revenue Code. This
20		subparagraph (R) is exempt from the provisions of
21		Section 250;
22		(S) If the taxpayer sells, transfers, abandons, or
23		otherwise disposes of property for which the taxpayer
24		was required in any taxable year to make an addition
25		modification under subparagraph (G-10), then an amount
26		equal to that addition modification.

HB3817 Enrolled - 843 - LRB103 30519 DTM 56952 b
1		If the taxpayer continues to own property through
2		the last day of the last tax year for which a
3		subtraction is allowed with respect to that property
4		under subparagraph (R) and for which the taxpayer was
5		required in any taxable year to make an addition
6		modification under subparagraph (G-10), then an amount
7		equal to that addition modification.
8		The taxpayer is allowed to take the deduction
9		under this subparagraph only once with respect to any
10		one piece of property.
11		This subparagraph (S) is exempt from the
12		provisions of Section 250;
13		(T) The amount of (i) any interest income (net of
14		the deductions allocable thereto) taken into account
15		for the taxable year with respect to a transaction
16		with a taxpayer that is required to make an addition
17		modification with respect to such transaction under
18		Section 203(a)(2)(D-17), 203(b)(2)(E-12),
19		203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
20		the amount of such addition modification and (ii) any
21		income from intangible property (net of the deductions
22		allocable thereto) taken into account for the taxable
23		year with respect to a transaction with a taxpayer
24		that is required to make an addition modification with
25		respect to such transaction under Section
26		203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or

HB3817 Enrolled - 844 - LRB103 30519 DTM 56952 b
1		203(d)(2)(D-8), but not to exceed the amount of such
2		addition modification. This subparagraph (T) is exempt
3		from the provisions of Section 250;
4		(U) An amount equal to the interest income taken
5		into account for the taxable year (net of the
6		deductions allocable thereto) with respect to
7		transactions with (i) a foreign person who would be a
8		member of the taxpayer's unitary business group but
9		for the fact the foreign person's business activity
10		outside the United States is 80% or more of that
11		person's total business activity and (ii) for taxable
12		years ending on or after December 31, 2008, to a person
13		who would be a member of the same unitary business
14		group but for the fact that the person is prohibited
15		under Section 1501(a)(27) from being included in the
16		unitary business group because he or she is ordinarily
17		required to apportion business income under different
18		subsections of Section 304, but not to exceed the
19		addition modification required to be made for the same
20		taxable year under Section 203(c)(2)(G-12) for
21		interest paid, accrued, or incurred, directly or
22		indirectly, to the same person. This subparagraph (U)
23		is exempt from the provisions of Section 250;
24		(V) An amount equal to the income from intangible
25		property taken into account for the taxable year (net
26		of the deductions allocable thereto) with respect to

HB3817 Enrolled - 845 - LRB103 30519 DTM 56952 b
1		transactions with (i) a foreign person who would be a
2		member of the taxpayer's unitary business group but
3		for the fact that the foreign person's business
4		activity outside the United States is 80% or more of
5		that person's total business activity and (ii) for
6		taxable years ending on or after December 31, 2008, to
7		a person who would be a member of the same unitary
8		business group but for the fact that the person is
9		prohibited under Section 1501(a)(27) from being
10		included in the unitary business group because he or
11		she is ordinarily required to apportion business
12		income under different subsections of Section 304, but
13		not to exceed the addition modification required to be
14		made for the same taxable year under Section
15		203(c)(2)(G-13) for intangible expenses and costs
16		paid, accrued, or incurred, directly or indirectly, to
17		the same foreign person. This subparagraph (V) is
18		exempt from the provisions of Section 250;
19		(W) in the case of an estate, an amount equal to
20		all amounts included in such total pursuant to the
21		provisions of Section 111 of the Internal Revenue Code
22		as a recovery of items previously deducted by the
23		decedent from adjusted gross income in the computation
24		of taxable income. This subparagraph (W) is exempt
25		from Section 250;
26		(X) an amount equal to the refund included in such

HB3817 Enrolled - 846 - LRB103 30519 DTM 56952 b
1		total of any tax deducted for federal income tax
2		purposes, to the extent that deduction was added back
3		under subparagraph (F). This subparagraph (X) is
4		exempt from the provisions of Section 250;
5		(Y) For taxable years ending on or after December
6		31, 2011, in the case of a taxpayer who was required to
7		add back any insurance premiums under Section
8		203(c)(2)(G-14), such taxpayer may elect to subtract
9		that part of a reimbursement received from the
10		insurance company equal to the amount of the expense
11		or loss (including expenses incurred by the insurance
12		company) that would have been taken into account as a
13		deduction for federal income tax purposes if the
14		expense or loss had been uninsured. If a taxpayer
15		makes the election provided for by this subparagraph
16		(Y), the insurer to which the premiums were paid must
17		add back to income the amount subtracted by the
18		taxpayer pursuant to this subparagraph (Y). This
19		subparagraph (Y) is exempt from the provisions of
20		Section 250; and
21		(Z) For taxable years beginning after December 31,
22		2018 and before January 1, 2026, the amount of excess
23		business loss of the taxpayer disallowed as a
24		deduction by Section 461(l)(1)(B) of the Internal
25		Revenue Code; and .
26		(AA) For taxable years beginning on or after

HB3817 Enrolled - 847 - LRB103 30519 DTM 56952 b
1		January 1, 2023, for any cannabis establishment
2		operating in this State and licensed under the
3		Cannabis Regulation and Tax Act or any cannabis
4		cultivation center or medical cannabis dispensing
5		organization operating in this State and licensed
6		under the Compassionate Use of Medical Cannabis
7		Program Act, an amount equal to the deductions that
8		were disallowed under Section 280E of the Internal
9		Revenue Code for the taxable year and that would not be
10		added back under this subsection. The provisions of
11		this subparagraph (AA) are exempt from the provisions
12		of Section 250.
13		(3) Limitation. The amount of any modification
14		otherwise required under this subsection shall, under
15		regulations prescribed by the Department, be adjusted by
16		any amounts included therein which were properly paid,
17		credited, or required to be distributed, or permanently
18		set aside for charitable purposes pursuant to Internal
19		Revenue Code Section 642(c) during the taxable year.
20		(d) Partnerships.
21		(1) In general. In the case of a partnership, base
22		income means an amount equal to the taxpayer's taxable
23		income for the taxable year as modified by paragraph (2).
24		(2) Modifications. The taxable income referred to in
25		paragraph (1) shall be modified by adding thereto the sum

HB3817 Enrolled - 848 - LRB103 30519 DTM 56952 b
1		of the following amounts:
2		(A) An amount equal to all amounts paid or accrued
3		to the taxpayer as interest or dividends during the
4		taxable year to the extent excluded from gross income
5		in the computation of taxable income;
6		(B) An amount equal to the amount of tax imposed by
7		this Act to the extent deducted from gross income for
8		the taxable year;
9		(C) The amount of deductions allowed to the
10		partnership pursuant to Section 707 (c) of the
11		Internal Revenue Code in calculating its taxable
12		income;
13		(D) An amount equal to the amount of the capital
14		gain deduction allowable under the Internal Revenue
15		Code, to the extent deducted from gross income in the
16		computation of taxable income;
17		(D-5) For taxable years 2001 and thereafter, an
18		amount equal to the bonus depreciation deduction taken
19		on the taxpayer's federal income tax return for the
20		taxable year under subsection (k) of Section 168 of
21		the Internal Revenue Code;
22		(D-6) If the taxpayer sells, transfers, abandons,
23		or otherwise disposes of property for which the
24		taxpayer was required in any taxable year to make an
25		addition modification under subparagraph (D-5), then
26		an amount equal to the aggregate amount of the

HB3817 Enrolled - 849 - LRB103 30519 DTM 56952 b
1		deductions taken in all taxable years under
2		subparagraph (O) with respect to that property.
3		If the taxpayer continues to own property through
4		the last day of the last tax year for which a
5		subtraction is allowed with respect to that property
6		under subparagraph (O) and for which the taxpayer was
7		allowed in any taxable year to make a subtraction
8		modification under subparagraph (O), then an amount
9		equal to that subtraction modification.
10		The taxpayer is required to make the addition
11		modification under this subparagraph only once with
12		respect to any one piece of property;
13		(D-7) An amount equal to the amount otherwise
14		allowed as a deduction in computing base income for
15		interest paid, accrued, or incurred, directly or
16		indirectly, (i) for taxable years ending on or after
17		December 31, 2004, to a foreign person who would be a
18		member of the same unitary business group but for the
19		fact the foreign person's business activity outside
20		the United States is 80% or more of the foreign
21		person's total business activity and (ii) for taxable
22		years ending on or after December 31, 2008, to a person
23		who would be a member of the same unitary business
24		group but for the fact that the person is prohibited
25		under Section 1501(a)(27) from being included in the
26		unitary business group because he or she is ordinarily

HB3817 Enrolled - 850 - LRB103 30519 DTM 56952 b
1		required to apportion business income under different
2		subsections of Section 304. The addition modification
3		required by this subparagraph shall be reduced to the
4		extent that dividends were included in base income of
5		the unitary group for the same taxable year and
6		received by the taxpayer or by a member of the
7		taxpayer's unitary business group (including amounts
8		included in gross income pursuant to Sections 951
9		through 964 of the Internal Revenue Code and amounts
10		included in gross income under Section 78 of the
11		Internal Revenue Code) with respect to the stock of
12		the same person to whom the interest was paid,
13		accrued, or incurred.
14		This paragraph shall not apply to the following:
15		(i) an item of interest paid, accrued, or
16		incurred, directly or indirectly, to a person who
17		is subject in a foreign country or state, other
18		than a state which requires mandatory unitary
19		reporting, to a tax on or measured by net income
20		with respect to such interest; or
21		(ii) an item of interest paid, accrued, or
22		incurred, directly or indirectly, to a person if
23		the taxpayer can establish, based on a
24		preponderance of the evidence, both of the
25		following:
26		(a) the person, during the same taxable

HB3817 Enrolled - 851 - LRB103 30519 DTM 56952 b
1		year, paid, accrued, or incurred, the interest
2		to a person that is not a related member, and
3		(b) the transaction giving rise to the
4		interest expense between the taxpayer and the
5		person did not have as a principal purpose the
6		avoidance of Illinois income tax, and is paid
7		pursuant to a contract or agreement that
8		reflects an arm's-length interest rate and
9		terms; or
10		(iii) the taxpayer can establish, based on
11		clear and convincing evidence, that the interest
12		paid, accrued, or incurred relates to a contract
13		or agreement entered into at arm's-length rates
14		and terms and the principal purpose for the
15		payment is not federal or Illinois tax avoidance;
16		or
17		(iv) an item of interest paid, accrued, or
18		incurred, directly or indirectly, to a person if
19		the taxpayer establishes by clear and convincing
20		evidence that the adjustments are unreasonable; or
21		if the taxpayer and the Director agree in writing
22		to the application or use of an alternative method
23		of apportionment under Section 304(f).
24		Nothing in this subsection shall preclude the
25		Director from making any other adjustment
26		otherwise allowed under Section 404 of this Act

HB3817 Enrolled - 852 - LRB103 30519 DTM 56952 b
1		for any tax year beginning after the effective
2		date of this amendment provided such adjustment is
3		made pursuant to regulation adopted by the
4		Department and such regulations provide methods
5		and standards by which the Department will utilize
6		its authority under Section 404 of this Act; and
7		(D-8) An amount equal to the amount of intangible
8		expenses and costs otherwise allowed as a deduction in
9		computing base income, and that were paid, accrued, or
10		incurred, directly or indirectly, (i) for taxable
11		years ending on or after December 31, 2004, to a
12		foreign person who would be a member of the same
13		unitary business group but for the fact that the
14		foreign person's business activity outside the United
15		States is 80% or more of that person's total business
16		activity and (ii) for taxable years ending on or after
17		December 31, 2008, to a person who would be a member of
18		the same unitary business group but for the fact that
19		the person is prohibited under Section 1501(a)(27)
20		from being included in the unitary business group
21		because he or she is ordinarily required to apportion
22		business income under different subsections of Section
23		304. The addition modification required by this
24		subparagraph shall be reduced to the extent that
25		dividends were included in base income of the unitary
26		group for the same taxable year and received by the

HB3817 Enrolled - 853 - LRB103 30519 DTM 56952 b
1		taxpayer or by a member of the taxpayer's unitary
2		business group (including amounts included in gross
3		income pursuant to Sections 951 through 964 of the
4		Internal Revenue Code and amounts included in gross
5		income under Section 78 of the Internal Revenue Code)
6		with respect to the stock of the same person to whom
7		the intangible expenses and costs were directly or
8		indirectly paid, incurred or accrued. The preceding
9		sentence shall not apply to the extent that the same
10		dividends caused a reduction to the addition
11		modification required under Section 203(d)(2)(D-7) of
12		this Act. As used in this subparagraph, the term
13		"intangible expenses and costs" includes (1) expenses,
14		losses, and costs for, or related to, the direct or
15		indirect acquisition, use, maintenance or management,
16		ownership, sale, exchange, or any other disposition of
17		intangible property; (2) losses incurred, directly or
18		indirectly, from factoring transactions or discounting
19		transactions; (3) royalty, patent, technical, and
20		copyright fees; (4) licensing fees; and (5) other
21		similar expenses and costs. For purposes of this
22		subparagraph, "intangible property" includes patents,
23		patent applications, trade names, trademarks, service
24		marks, copyrights, mask works, trade secrets, and
25		similar types of intangible assets;
26		This paragraph shall not apply to the following:

HB3817 Enrolled - 854 - LRB103 30519 DTM 56952 b
1		(i) any item of intangible expenses or costs
2		paid, accrued, or incurred, directly or
3		indirectly, from a transaction with a person who
4		is subject in a foreign country or state, other
5		than a state which requires mandatory unitary
6		reporting, to a tax on or measured by net income
7		with respect to such item; or
8		(ii) any item of intangible expense or cost
9		paid, accrued, or incurred, directly or
10		indirectly, if the taxpayer can establish, based
11		on a preponderance of the evidence, both of the
12		following:
13		(a) the person during the same taxable
14		year paid, accrued, or incurred, the
15		intangible expense or cost to a person that is
16		not a related member, and
17		(b) the transaction giving rise to the
18		intangible expense or cost between the
19		taxpayer and the person did not have as a
20		principal purpose the avoidance of Illinois
21		income tax, and is paid pursuant to a contract
22		or agreement that reflects arm's-length terms;
23		or
24		(iii) any item of intangible expense or cost
25		paid, accrued, or incurred, directly or
26		indirectly, from a transaction with a person if

HB3817 Enrolled - 855 - LRB103 30519 DTM 56952 b
1		the taxpayer establishes by clear and convincing
2		evidence, that the adjustments are unreasonable;
3		or if the taxpayer and the Director agree in
4		writing to the application or use of an
5		alternative method of apportionment under Section
6		304(f);
7		Nothing in this subsection shall preclude the
8		Director from making any other adjustment
9		otherwise allowed under Section 404 of this Act
10		for any tax year beginning after the effective
11		date of this amendment provided such adjustment is
12		made pursuant to regulation adopted by the
13		Department and such regulations provide methods
14		and standards by which the Department will utilize
15		its authority under Section 404 of this Act;
16		(D-9) For taxable years ending on or after
17		December 31, 2008, an amount equal to the amount of
18		insurance premium expenses and costs otherwise allowed
19		as a deduction in computing base income, and that were
20		paid, accrued, or incurred, directly or indirectly, to
21		a person who would be a member of the same unitary
22		business group but for the fact that the person is
23		prohibited under Section 1501(a)(27) from being
24		included in the unitary business group because he or
25		she is ordinarily required to apportion business
26		income under different subsections of Section 304. The

HB3817 Enrolled - 856 - LRB103 30519 DTM 56952 b
1		addition modification required by this subparagraph
2		shall be reduced to the extent that dividends were
3		included in base income of the unitary group for the
4		same taxable year and received by the taxpayer or by a
5		member of the taxpayer's unitary business group
6		(including amounts included in gross income under
7		Sections 951 through 964 of the Internal Revenue Code
8		and amounts included in gross income under Section 78
9		of the Internal Revenue Code) with respect to the
10		stock of the same person to whom the premiums and costs
11		were directly or indirectly paid, incurred, or
12		accrued. The preceding sentence does not apply to the
13		extent that the same dividends caused a reduction to
14		the addition modification required under Section
15		203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act;
16		(D-10) An amount equal to the credit allowable to
17		the taxpayer under Section 218(a) of this Act,
18		determined without regard to Section 218(c) of this
19		Act;
20		(D-11) For taxable years ending on or after
21		December 31, 2017, an amount equal to the deduction
22		allowed under Section 199 of the Internal Revenue Code
23		for the taxable year;
24		and by deducting from the total so obtained the following
25		amounts:
26		(E) The valuation limitation amount;

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1		(F) An amount equal to the amount of any tax
2		imposed by this Act which was refunded to the taxpayer
3		and included in such total for the taxable year;
4		(G) An amount equal to all amounts included in
5		taxable income as modified by subparagraphs (A), (B),
6		(C) and (D) which are exempt from taxation by this
7		State either by reason of its statutes or Constitution
8		or by reason of the Constitution, treaties or statutes
9		of the United States; provided that, in the case of any
10		statute of this State that exempts income derived from
11		bonds or other obligations from the tax imposed under
12		this Act, the amount exempted shall be the interest
13		net of bond premium amortization;
14		(H) Any income of the partnership which
15		constitutes personal service income as defined in
16		Section 1348(b)(1) of the Internal Revenue Code (as in
17		effect December 31, 1981) or a reasonable allowance
18		for compensation paid or accrued for services rendered
19		by partners to the partnership, whichever is greater;
20		this subparagraph (H) is exempt from the provisions of
21		Section 250;
22		(I) An amount equal to all amounts of income
23		distributable to an entity subject to the Personal
24		Property Tax Replacement Income Tax imposed by
25		subsections (c) and (d) of Section 201 of this Act
26		including amounts distributable to organizations

HB3817 Enrolled - 858 - LRB103 30519 DTM 56952 b
1		exempt from federal income tax by reason of Section
2		501(a) of the Internal Revenue Code; this subparagraph
3		(I) is exempt from the provisions of Section 250;
4		(J) With the exception of any amounts subtracted
5		under subparagraph (G), an amount equal to the sum of
6		all amounts disallowed as deductions by (i) Sections
7		171(a)(2) and 265(a)(2) of the Internal Revenue Code,
8		and all amounts of expenses allocable to interest and
9		disallowed as deductions by Section 265(a)(1) of the
10		Internal Revenue Code; and (ii) for taxable years
11		ending on or after August 13, 1999, Sections
12		171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
13		Internal Revenue Code, plus, (iii) for taxable years
14		ending on or after December 31, 2011, Section
15		45G(e)(3) of the Internal Revenue Code and, for
16		taxable years ending on or after December 31, 2008,
17		any amount included in gross income under Section 87
18		of the Internal Revenue Code; the provisions of this
19		subparagraph are exempt from the provisions of Section
20		250;
21		(K) An amount equal to those dividends included in
22		such total which were paid by a corporation which
23		conducts business operations in a River Edge
24		Redevelopment Zone or zones created under the River
25		Edge Redevelopment Zone Act and conducts substantially
26		all of its operations from a River Edge Redevelopment

HB3817 Enrolled - 859 - LRB103 30519 DTM 56952 b
1		Zone or zones. This subparagraph (K) is exempt from
2		the provisions of Section 250;
3		(L) An amount equal to any contribution made to a
4		job training project established pursuant to the Real
5		Property Tax Increment Allocation Redevelopment Act;
6		(M) An amount equal to those dividends included in
7		such total that were paid by a corporation that
8		conducts business operations in a federally designated
9		Foreign Trade Zone or Sub-Zone and that is designated
10		a High Impact Business located in Illinois; provided
11		that dividends eligible for the deduction provided in
12		subparagraph (K) of paragraph (2) of this subsection
13		shall not be eligible for the deduction provided under
14		this subparagraph (M);
15		(N) An amount equal to the amount of the deduction
16		used to compute the federal income tax credit for
17		restoration of substantial amounts held under claim of
18		right for the taxable year pursuant to Section 1341 of
19		the Internal Revenue Code;
20		(O) For taxable years 2001 and thereafter, for the
21		taxable year in which the bonus depreciation deduction
22		is taken on the taxpayer's federal income tax return
23		under subsection (k) of Section 168 of the Internal
24		Revenue Code and for each applicable taxable year
25		thereafter, an amount equal to "x", where:
26		(1) "y" equals the amount of the depreciation

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1		deduction taken for the taxable year on the
2		taxpayer's federal income tax return on property
3		for which the bonus depreciation deduction was
4		taken in any year under subsection (k) of Section
5		168 of the Internal Revenue Code, but not
6		including the bonus depreciation deduction;
7		(2) for taxable years ending on or before
8		December 31, 2005, "x" equals "y" multiplied by 30
9		and then divided by 70 (or "y" multiplied by
10		0.429); and
11		(3) for taxable years ending after December
12		31, 2005:
13		(i) for property on which a bonus
14		depreciation deduction of 30% of the adjusted
15		basis was taken, "x" equals "y" multiplied by
16		30 and then divided by 70 (or "y" multiplied
17		by 0.429);
18		(ii) for property on which a bonus
19		depreciation deduction of 50% of the adjusted
20		basis was taken, "x" equals "y" multiplied by
21		1.0;
22		(iii) for property on which a bonus
23		depreciation deduction of 100% of the adjusted
24		basis was taken in a taxable year ending on or
25		after December 31, 2021, "x" equals the
26		depreciation deduction that would be allowed

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1		on that property if the taxpayer had made the
2		election under Section 168(k)(7) of the
3		Internal Revenue Code to not claim bonus
4		depreciation on that property; and
5		(iv) for property on which a bonus
6		depreciation deduction of a percentage other
7		than 30%, 50% or 100% of the adjusted basis
8		was taken in a taxable year ending on or after
9		December 31, 2021, "x" equals "y" multiplied
10		by 100 times the percentage bonus depreciation
11		on the property (that is, 100(bonus%)) and
12		then divided by 100 times 1 minus the
13		percentage bonus depreciation on the property
14		(that is, 100(1–bonus%)).
15		The aggregate amount deducted under this
16		subparagraph in all taxable years for any one piece of
17		property may not exceed the amount of the bonus
18		depreciation deduction taken on that property on the
19		taxpayer's federal income tax return under subsection
20		(k) of Section 168 of the Internal Revenue Code. This
21		subparagraph (O) is exempt from the provisions of
22		Section 250;
23		(P) If the taxpayer sells, transfers, abandons, or
24		otherwise disposes of property for which the taxpayer
25		was required in any taxable year to make an addition
26		modification under subparagraph (D-5), then an amount

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1		equal to that addition modification.
2		If the taxpayer continues to own property through
3		the last day of the last tax year for which a
4		subtraction is allowed with respect to that property
5		under subparagraph (O) and for which the taxpayer was
6		required in any taxable year to make an addition
7		modification under subparagraph (D-5), then an amount
8		equal to that addition modification.
9		The taxpayer is allowed to take the deduction
10		under this subparagraph only once with respect to any
11		one piece of property.
12		This subparagraph (P) is exempt from the
13		provisions of Section 250;
14		(Q) The amount of (i) any interest income (net of
15		the deductions allocable thereto) taken into account
16		for the taxable year with respect to a transaction
17		with a taxpayer that is required to make an addition
18		modification with respect to such transaction under
19		Section 203(a)(2)(D-17), 203(b)(2)(E-12),
20		203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
21		the amount of such addition modification and (ii) any
22		income from intangible property (net of the deductions
23		allocable thereto) taken into account for the taxable
24		year with respect to a transaction with a taxpayer
25		that is required to make an addition modification with
26		respect to such transaction under Section

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1		203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
2		203(d)(2)(D-8), but not to exceed the amount of such
3		addition modification. This subparagraph (Q) is exempt
4		from Section 250;
5		(R) An amount equal to the interest income taken
6		into account for the taxable year (net of the
7		deductions allocable thereto) with respect to
8		transactions with (i) a foreign person who would be a
9		member of the taxpayer's unitary business group but
10		for the fact that the foreign person's business
11		activity outside the United States is 80% or more of
12		that person's total business activity and (ii) for
13		taxable years ending on or after December 31, 2008, to
14		a person who would be a member of the same unitary
15		business group but for the fact that the person is
16		prohibited under Section 1501(a)(27) from being
17		included in the unitary business group because he or
18		she is ordinarily required to apportion business
19		income under different subsections of Section 304, but
20		not to exceed the addition modification required to be
21		made for the same taxable year under Section
22		203(d)(2)(D-7) for interest paid, accrued, or
23		incurred, directly or indirectly, to the same person.
24		This subparagraph (R) is exempt from Section 250;
25		(S) An amount equal to the income from intangible
26		property taken into account for the taxable year (net

HB3817 Enrolled - 864 - LRB103 30519 DTM 56952 b
1		of the deductions allocable thereto) with respect to
2		transactions with (i) a foreign person who would be a
3		member of the taxpayer's unitary business group but
4		for the fact that the foreign person's business
5		activity outside the United States is 80% or more of
6		that person's total business activity and (ii) for
7		taxable years ending on or after December 31, 2008, to
8		a person who would be a member of the same unitary
9		business group but for the fact that the person is
10		prohibited under Section 1501(a)(27) from being
11		included in the unitary business group because he or
12		she is ordinarily required to apportion business
13		income under different subsections of Section 304, but
14		not to exceed the addition modification required to be
15		made for the same taxable year under Section
16		203(d)(2)(D-8) for intangible expenses and costs paid,
17		accrued, or incurred, directly or indirectly, to the
18		same person. This subparagraph (S) is exempt from
19		Section 250; and
20		(T) For taxable years ending on or after December
21		31, 2011, in the case of a taxpayer who was required to
22		add back any insurance premiums under Section
23		203(d)(2)(D-9), such taxpayer may elect to subtract
24		that part of a reimbursement received from the
25		insurance company equal to the amount of the expense
26		or loss (including expenses incurred by the insurance

HB3817 Enrolled - 865 - LRB103 30519 DTM 56952 b
1		company) that would have been taken into account as a
2		deduction for federal income tax purposes if the
3		expense or loss had been uninsured. If a taxpayer
4		makes the election provided for by this subparagraph
5		(T), the insurer to which the premiums were paid must
6		add back to income the amount subtracted by the
7		taxpayer pursuant to this subparagraph (T). This
8		subparagraph (T) is exempt from the provisions of
9		Section 250; and .
10		(U) For taxable years beginning on or after
11		January 1, 2023, for any cannabis establishment
12		operating in this State and licensed under the
13		Cannabis Regulation and Tax Act or any cannabis
14		cultivation center or medical cannabis dispensing
15		organization operating in this State and licensed
16		under the Compassionate Use of Medical Cannabis
17		Program Act, an amount equal to the deductions that
18		were disallowed under Section 280E of the Internal
19		Revenue Code for the taxable year and that would not be
20		added back under this subsection. The provisions of
21		this subparagraph (U) are exempt from the provisions
22		of Section 250.
23		(e) Gross income; adjusted gross income; taxable income.
24		(1) In general. Subject to the provisions of paragraph
25		(2) and subsection (b)(3), for purposes of this Section

HB3817 Enrolled - 866 - LRB103 30519 DTM 56952 b
1		and Section 803(e), a taxpayer's gross income, adjusted
2		gross income, or taxable income for the taxable year shall
3		mean the amount of gross income, adjusted gross income or
4		taxable income properly reportable for federal income tax
5		purposes for the taxable year under the provisions of the
6		Internal Revenue Code. Taxable income may be less than
7		zero. However, for taxable years ending on or after
8		December 31, 1986, net operating loss carryforwards from
9		taxable years ending prior to December 31, 1986, may not
10		exceed the sum of federal taxable income for the taxable
11		year before net operating loss deduction, plus the excess
12		of addition modifications over subtraction modifications
13		for the taxable year. For taxable years ending prior to
14		December 31, 1986, taxable income may never be an amount
15		in excess of the net operating loss for the taxable year as
16		defined in subsections (c) and (d) of Section 172 of the
17		Internal Revenue Code, provided that when taxable income
18		of a corporation (other than a Subchapter S corporation),
19		trust, or estate is less than zero and addition
20		modifications, other than those provided by subparagraph
21		(E) of paragraph (2) of subsection (b) for corporations or
22		subparagraph (E) of paragraph (2) of subsection (c) for
23		trusts and estates, exceed subtraction modifications, an
24		addition modification must be made under those
25		subparagraphs for any other taxable year to which the
26		taxable income less than zero (net operating loss) is

HB3817 Enrolled - 867 - LRB103 30519 DTM 56952 b
1		applied under Section 172 of the Internal Revenue Code or
2		under subparagraph (E) of paragraph (2) of this subsection
3		(e) applied in conjunction with Section 172 of the
4		Internal Revenue Code.
5		(2) Special rule. For purposes of paragraph (1) of
6		this subsection, the taxable income properly reportable
7		for federal income tax purposes shall mean:
8		(A) Certain life insurance companies. In the case
9		of a life insurance company subject to the tax imposed
10		by Section 801 of the Internal Revenue Code, life
11		insurance company taxable income, plus the amount of
12		distribution from pre-1984 policyholder surplus
13		accounts as calculated under Section 815a of the
14		Internal Revenue Code;
15		(B) Certain other insurance companies. In the case
16		of mutual insurance companies subject to the tax
17		imposed by Section 831 of the Internal Revenue Code,
18		insurance company taxable income;
19		(C) Regulated investment companies. In the case of
20		a regulated investment company subject to the tax
21		imposed by Section 852 of the Internal Revenue Code,
22		investment company taxable income;
23		(D) Real estate investment trusts. In the case of
24		a real estate investment trust subject to the tax
25		imposed by Section 857 of the Internal Revenue Code,
26		real estate investment trust taxable income;

HB3817 Enrolled - 868 - LRB103 30519 DTM 56952 b
1		(E) Consolidated corporations. In the case of a
2		corporation which is a member of an affiliated group
3		of corporations filing a consolidated income tax
4		return for the taxable year for federal income tax
5		purposes, taxable income determined as if such
6		corporation had filed a separate return for federal
7		income tax purposes for the taxable year and each
8		preceding taxable year for which it was a member of an
9		affiliated group. For purposes of this subparagraph,
10		the taxpayer's separate taxable income shall be
11		determined as if the election provided by Section
12		243(b)(2) of the Internal Revenue Code had been in
13		effect for all such years;
14		(F) Cooperatives. In the case of a cooperative
15		corporation or association, the taxable income of such
16		organization determined in accordance with the
17		provisions of Section 1381 through 1388 of the
18		Internal Revenue Code, but without regard to the
19		prohibition against offsetting losses from patronage
20		activities against income from nonpatronage
21		activities; except that a cooperative corporation or
22		association may make an election to follow its federal
23		income tax treatment of patronage losses and
24		nonpatronage losses. In the event such election is
25		made, such losses shall be computed and carried over
26		in a manner consistent with subsection (a) of Section

HB3817 Enrolled - 869 - LRB103 30519 DTM 56952 b
1		207 of this Act and apportioned by the apportionment
2		factor reported by the cooperative on its Illinois
3		income tax return filed for the taxable year in which
4		the losses are incurred. The election shall be
5		effective for all taxable years with original returns
6		due on or after the date of the election. In addition,
7		the cooperative may file an amended return or returns,
8		as allowed under this Act, to provide that the
9		election shall be effective for losses incurred or
10		carried forward for taxable years occurring prior to
11		the date of the election. Once made, the election may
12		only be revoked upon approval of the Director. The
13		Department shall adopt rules setting forth
14		requirements for documenting the elections and any
15		resulting Illinois net loss and the standards to be
16		used by the Director in evaluating requests to revoke
17		elections. Public Act 96-932 is declaratory of
18		existing law;
19		(G) Subchapter S corporations. In the case of: (i)
20		a Subchapter S corporation for which there is in
21		effect an election for the taxable year under Section
22		1362 of the Internal Revenue Code, the taxable income
23		of such corporation determined in accordance with
24		Section 1363(b) of the Internal Revenue Code, except
25		that taxable income shall take into account those
26		items which are required by Section 1363(b)(1) of the

HB3817 Enrolled - 870 - LRB103 30519 DTM 56952 b
1		Internal Revenue Code to be separately stated; and
2		(ii) a Subchapter S corporation for which there is in
3		effect a federal election to opt out of the provisions
4		of the Subchapter S Revision Act of 1982 and have
5		applied instead the prior federal Subchapter S rules
6		as in effect on July 1, 1982, the taxable income of
7		such corporation determined in accordance with the
8		federal Subchapter S rules as in effect on July 1,
9		1982; and
10		(H) Partnerships. In the case of a partnership,
11		taxable income determined in accordance with Section
12		703 of the Internal Revenue Code, except that taxable
13		income shall take into account those items which are
14		required by Section 703(a)(1) to be separately stated
15		but which would be taken into account by an individual
16		in calculating his taxable income.
17		(3) Recapture of business expenses on disposition of
18		asset or business. Notwithstanding any other law to the
19		contrary, if in prior years income from an asset or
20		business has been classified as business income and in a
21		later year is demonstrated to be non-business income, then
22		all expenses, without limitation, deducted in such later
23		year and in the 2 immediately preceding taxable years
24		related to that asset or business that generated the
25		non-business income shall be added back and recaptured as
26		business income in the year of the disposition of the

HB3817 Enrolled - 871 - LRB103 30519 DTM 56952 b
1		asset or business. Such amount shall be apportioned to
2		Illinois using the greater of the apportionment fraction
3		computed for the business under Section 304 of this Act
4		for the taxable year or the average of the apportionment
5		fractions computed for the business under Section 304 of
6		this Act for the taxable year and for the 2 immediately
7		preceding taxable years.
8		(f) Valuation limitation amount.
9		(1) In general. The valuation limitation amount
10		referred to in subsections (a)(2)(G), (c)(2)(I) and
11		(d)(2)(E) is an amount equal to:
12		(A) The sum of the pre-August 1, 1969 appreciation
13		amounts (to the extent consisting of gain reportable
14		under the provisions of Section 1245 or 1250 of the
15		Internal Revenue Code) for all property in respect of
16		which such gain was reported for the taxable year;
17		plus
18		(B) The lesser of (i) the sum of the pre-August 1,
19		1969 appreciation amounts (to the extent consisting of
20		capital gain) for all property in respect of which
21		such gain was reported for federal income tax purposes
22		for the taxable year, or (ii) the net capital gain for
23		the taxable year, reduced in either case by any amount
24		of such gain included in the amount determined under
25		subsection (a)(2)(F) or (c)(2)(H).

HB3817 Enrolled - 872 - LRB103 30519 DTM 56952 b
1		(2) Pre-August 1, 1969 appreciation amount.
2		(A) If the fair market value of property referred
3		to in paragraph (1) was readily ascertainable on
4		August 1, 1969, the pre-August 1, 1969 appreciation
5		amount for such property is the lesser of (i) the
6		excess of such fair market value over the taxpayer's
7		basis (for determining gain) for such property on that
8		date (determined under the Internal Revenue Code as in
9		effect on that date), or (ii) the total gain realized
10		and reportable for federal income tax purposes in
11		respect of the sale, exchange or other disposition of
12		such property.
13		(B) If the fair market value of property referred
14		to in paragraph (1) was not readily ascertainable on
15		August 1, 1969, the pre-August 1, 1969 appreciation
16		amount for such property is that amount which bears
17		the same ratio to the total gain reported in respect of
18		the property for federal income tax purposes for the
19		taxable year, as the number of full calendar months in
20		that part of the taxpayer's holding period for the
21		property ending July 31, 1969 bears to the number of
22		full calendar months in the taxpayer's entire holding
23		period for the property.
24		(C) The Department shall prescribe such
25		regulations as may be necessary to carry out the
26		purposes of this paragraph.

HB3817 Enrolled - 873 - LRB103 30519 DTM 56952 b
1		(g) Double deductions. Unless specifically provided
2		otherwise, nothing in this Section shall permit the same item
3		to be deducted more than once.
4		(h) Legislative intention. Except as expressly provided by
5		this Section there shall be no modifications or limitations on
6		the amounts of income, gain, loss or deduction taken into
7		account in determining gross income, adjusted gross income or
8		taxable income for federal income tax purposes for the taxable
9		year, or in the amount of such items entering into the
10		computation of base income and net income under this Act for
11		such taxable year, whether in respect of property values as of
12		August 1, 1969 or otherwise.
13		(Source: P.A. 101-9, eff. 6-5-19; 101-81, eff. 7-12-19;
14		102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, eff.
15		8-27-21; 102-813, eff. 5-13-22; 102-1112, eff. 12-21-22.)
16		ARTICLE 145.
17		Section 145-5. The Illinois Act on the Aging is amended by
18		changing Section 4.02 as follows:
19		(20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
20		Sec. 4.02. Community Care Program. The Department shall
21		establish a program of services to prevent unnecessary

HB3817 Enrolled - 874 - LRB103 30519 DTM 56952 b
1		institutionalization of persons age 60 and older in need of
2		long term care or who are established as persons who suffer
3		from Alzheimer's disease or a related disorder under the
4		Alzheimer's Disease Assistance Act, thereby enabling them to
5		remain in their own homes or in other living arrangements.
6		Such preventive services, which may be coordinated with other
7		programs for the aged and monitored by area agencies on aging
8		in cooperation with the Department, may include, but are not
9		limited to, any or all of the following:
10		(a) (blank);
11		(b) (blank);
12		(c) home care aide services;
13		(d) personal assistant services;
14		(e) adult day services;
15		(f) home-delivered meals;
16		(g) education in self-care;
17		(h) personal care services;
18		(i) adult day health services;
19		(j) habilitation services;
20		(k) respite care;
21		(k-5) community reintegration services;
22		(k-6) flexible senior services;
23		(k-7) medication management;
24		(k-8) emergency home response;
25		(l) other nonmedical social services that may enable
26		the person to become self-supporting; or

HB3817 Enrolled - 875 - LRB103 30519 DTM 56952 b
1		(m) clearinghouse for information provided by senior
2		citizen home owners who want to rent rooms to or share
3		living space with other senior citizens.
4		The Department shall establish eligibility standards for
5		such services. In determining the amount and nature of
6		services for which a person may qualify, consideration shall
7		not be given to the value of cash, property or other assets
8		held in the name of the person's spouse pursuant to a written
9		agreement dividing marital property into equal but separate
10		shares or pursuant to a transfer of the person's interest in a
11		home to his spouse, provided that the spouse's share of the
12		marital property is not made available to the person seeking
13		such services.
14		Beginning January 1, 2008, the Department shall require as
15		a condition of eligibility that all new financially eligible
16		applicants apply for and enroll in medical assistance under
17		Article V of the Illinois Public Aid Code in accordance with
18		rules promulgated by the Department.
19		The Department shall, in conjunction with the Department
20		of Public Aid (now Department of Healthcare and Family
21		Services), seek appropriate amendments under Sections 1915 and
22		1924 of the Social Security Act. The purpose of the amendments
23		shall be to extend eligibility for home and community based
24		services under Sections 1915 and 1924 of the Social Security
25		Act to persons who transfer to or for the benefit of a spouse
26		those amounts of income and resources allowed under Section

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1		1924 of the Social Security Act. Subject to the approval of
2		such amendments, the Department shall extend the provisions of
3		Section 5-4 of the Illinois Public Aid Code to persons who, but
4		for the provision of home or community-based services, would
5		require the level of care provided in an institution, as is
6		provided for in federal law. Those persons no longer found to
7		be eligible for receiving noninstitutional services due to
8		changes in the eligibility criteria shall be given 45 days
9		notice prior to actual termination. Those persons receiving
10		notice of termination may contact the Department and request
11		the determination be appealed at any time during the 45 day
12		notice period. The target population identified for the
13		purposes of this Section are persons age 60 and older with an
14		identified service need. Priority shall be given to those who
15		are at imminent risk of institutionalization. The services
16		shall be provided to eligible persons age 60 and older to the
17		extent that the cost of the services together with the other
18		personal maintenance expenses of the persons are reasonably
19		related to the standards established for care in a group
20		facility appropriate to the person's condition. These
21		non-institutional services, pilot projects or experimental
22		facilities may be provided as part of or in addition to those
23		authorized by federal law or those funded and administered by
24		the Department of Human Services. The Departments of Human
25		Services, Healthcare and Family Services, Public Health,
26		Veterans' Affairs, and Commerce and Economic Opportunity and

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1		other appropriate agencies of State, federal and local
2		governments shall cooperate with the Department on Aging in
3		the establishment and development of the non-institutional
4		services. The Department shall require an annual audit from
5		all personal assistant and home care aide vendors contracting
6		with the Department under this Section. The annual audit shall
7		assure that each audited vendor's procedures are in compliance
8		with Department's financial reporting guidelines requiring an
9		administrative and employee wage and benefits cost split as
10		defined in administrative rules. The audit is a public record
11		under the Freedom of Information Act. The Department shall
12		execute, relative to the nursing home prescreening project,
13		written inter-agency agreements with the Department of Human
14		Services and the Department of Healthcare and Family Services,
15		to effect the following: (1) intake procedures and common
16		eligibility criteria for those persons who are receiving
17		non-institutional services; and (2) the establishment and
18		development of non-institutional services in areas of the
19		State where they are not currently available or are
20		undeveloped. On and after July 1, 1996, all nursing home
21		prescreenings for individuals 60 years of age or older shall
22		be conducted by the Department.
23		As part of the Department on Aging's routine training of
24		case managers and case manager supervisors, the Department may
25		include information on family futures planning for persons who
26		are age 60 or older and who are caregivers of their adult

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1		children with developmental disabilities. The content of the
2		training shall be at the Department's discretion.
3		The Department is authorized to establish a system of
4		recipient copayment for services provided under this Section,
5		such copayment to be based upon the recipient's ability to pay
6		but in no case to exceed the actual cost of the services
7		provided. Additionally, any portion of a person's income which
8		is equal to or less than the federal poverty standard shall not
9		be considered by the Department in determining the copayment.
10		The level of such copayment shall be adjusted whenever
11		necessary to reflect any change in the officially designated
12		federal poverty standard.
13		The Department, or the Department's authorized
14		representative, may recover the amount of moneys expended for
15		services provided to or in behalf of a person under this
16		Section by a claim against the person's estate or against the
17		estate of the person's surviving spouse, but no recovery may
18		be had until after the death of the surviving spouse, if any,
19		and then only at such time when there is no surviving child who
20		is under age 21 or blind or who has a permanent and total
21		disability. This paragraph, however, shall not bar recovery,
22		at the death of the person, of moneys for services provided to
23		the person or in behalf of the person under this Section to
24		which the person was not entitled; provided that such recovery
25		shall not be enforced against any real estate while it is
26		occupied as a homestead by the surviving spouse or other

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1		dependent, if no claims by other creditors have been filed
2		against the estate, or, if such claims have been filed, they
3		remain dormant for failure of prosecution or failure of the
4		claimant to compel administration of the estate for the
5		purpose of payment. This paragraph shall not bar recovery from
6		the estate of a spouse, under Sections 1915 and 1924 of the
7		Social Security Act and Section 5-4 of the Illinois Public Aid
8		Code, who precedes a person receiving services under this
9		Section in death. All moneys for services paid to or in behalf
10		of the person under this Section shall be claimed for recovery
11		from the deceased spouse's estate. "Homestead", as used in
12		this paragraph, means the dwelling house and contiguous real
13		estate occupied by a surviving spouse or relative, as defined
14		by the rules and regulations of the Department of Healthcare
15		and Family Services, regardless of the value of the property.
16		The Department shall increase the effectiveness of the
17		existing Community Care Program by:
18		(1) ensuring that in-home services included in the
19		care plan are available on evenings and weekends;
20		(2) ensuring that care plans contain the services that
21		eligible participants need based on the number of days in
22		a month, not limited to specific blocks of time, as
23		identified by the comprehensive assessment tool selected
24		by the Department for use statewide, not to exceed the
25		total monthly service cost maximum allowed for each
26		service; the Department shall develop administrative rules

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1		to implement this item (2);
2		(3) ensuring that the participants have the right to
3		choose the services contained in their care plan and to
4		direct how those services are provided, based on
5		administrative rules established by the Department;
6		(4) ensuring that the determination of need tool is
7		accurate in determining the participants' level of need;
8		to achieve this, the Department, in conjunction with the
9		Older Adult Services Advisory Committee, shall institute a
10		study of the relationship between the Determination of
11		Need scores, level of need, service cost maximums, and the
12		development and utilization of service plans no later than
13		May 1, 2008; findings and recommendations shall be
14		presented to the Governor and the General Assembly no
15		later than January 1, 2009; recommendations shall include
16		all needed changes to the service cost maximums schedule
17		and additional covered services;
18		(5) ensuring that homemakers can provide personal care
19		services that may or may not involve contact with clients,
20		including but not limited to:
21		(A) bathing;
22		(B) grooming;
23		(C) toileting;
24		(D) nail care;
25		(E) transferring;
26		(F) respiratory services;

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1		(G) exercise; or
2		(H) positioning;
3		(6) ensuring that homemaker program vendors are not
4		restricted from hiring homemakers who are family members
5		of clients or recommended by clients; the Department may
6		not, by rule or policy, require homemakers who are family
7		members of clients or recommended by clients to accept
8		assignments in homes other than the client;
9		(7) ensuring that the State may access maximum federal
10		matching funds by seeking approval for the Centers for
11		Medicare and Medicaid Services for modifications to the
12		State's home and community based services waiver and
13		additional waiver opportunities, including applying for
14		enrollment in the Balance Incentive Payment Program by May
15		1, 2013, in order to maximize federal matching funds; this
16		shall include, but not be limited to, modification that
17		reflects all changes in the Community Care Program
18		services and all increases in the services cost maximum;
19		(8) ensuring that the determination of need tool
20		accurately reflects the service needs of individuals with
21		Alzheimer's disease and related dementia disorders;
22		(9) ensuring that services are authorized accurately
23		and consistently for the Community Care Program (CCP); the
24		Department shall implement a Service Authorization policy
25		directive; the purpose shall be to ensure that eligibility
26		and services are authorized accurately and consistently in

HB3817 Enrolled - 882 - LRB103 30519 DTM 56952 b
1		the CCP program; the policy directive shall clarify
2		service authorization guidelines to Care Coordination
3		Units and Community Care Program providers no later than
4		May 1, 2013;
5		(10) working in conjunction with Care Coordination
6		Units, the Department of Healthcare and Family Services,
7		the Department of Human Services, Community Care Program
8		providers, and other stakeholders to make improvements to
9		the Medicaid claiming processes and the Medicaid
10		enrollment procedures or requirements as needed,
11		including, but not limited to, specific policy changes or
12		rules to improve the up-front enrollment of participants
13		in the Medicaid program and specific policy changes or
14		rules to insure more prompt submission of bills to the
15		federal government to secure maximum federal matching
16		dollars as promptly as possible; the Department on Aging
17		shall have at least 3 meetings with stakeholders by
18		January 1, 2014 in order to address these improvements;
19		(11) requiring home care service providers to comply
20		with the rounding of hours worked provisions under the
21		federal Fair Labor Standards Act (FLSA) and as set forth
22		in 29 CFR 785.48(b) by May 1, 2013;
23		(12) implementing any necessary policy changes or
24		promulgating any rules, no later than January 1, 2014, to
25		assist the Department of Healthcare and Family Services in
26		moving as many participants as possible, consistent with

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1		federal regulations, into coordinated care plans if a care
2		coordination plan that covers long term care is available
3		in the recipient's area; and
4		(13) maintaining fiscal year 2014 rates at the same
5		level established on January 1, 2013.
6		By January 1, 2009 or as soon after the end of the Cash and
7		Counseling Demonstration Project as is practicable, the
8		Department may, based on its evaluation of the demonstration
9		project, promulgate rules concerning personal assistant
10		services, to include, but need not be limited to,
11		qualifications, employment screening, rights under fair labor
12		standards, training, fiduciary agent, and supervision
13		requirements. All applicants shall be subject to the
14		provisions of the Health Care Worker Background Check Act.
15		The Department shall develop procedures to enhance
16		availability of services on evenings, weekends, and on an
17		emergency basis to meet the respite needs of caregivers.
18		Procedures shall be developed to permit the utilization of
19		services in successive blocks of 24 hours up to the monthly
20		maximum established by the Department. Workers providing these
21		services shall be appropriately trained.
22		Beginning on the effective date of this amendatory Act of
23		1991, no person may perform chore/housekeeping and home care
24		aide services under a program authorized by this Section
25		unless that person has been issued a certificate of
26		pre-service to do so by his or her employing agency.

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1		Information gathered to effect such certification shall
2		include (i) the person's name, (ii) the date the person was
3		hired by his or her current employer, and (iii) the training,
4		including dates and levels. Persons engaged in the program
5		authorized by this Section before the effective date of this
6		amendatory Act of 1991 shall be issued a certificate of all
7		pre- and in-service training from his or her employer upon
8		submitting the necessary information. The employing agency
9		shall be required to retain records of all staff pre- and
10		in-service training, and shall provide such records to the
11		Department upon request and upon termination of the employer's
12		contract with the Department. In addition, the employing
13		agency is responsible for the issuance of certifications of
14		in-service training completed to their employees.
15		The Department is required to develop a system to ensure
16		that persons working as home care aides and personal
17		assistants receive increases in their wages when the federal
18		minimum wage is increased by requiring vendors to certify that
19		they are meeting the federal minimum wage statute for home
20		care aides and personal assistants. An employer that cannot
21		ensure that the minimum wage increase is being given to home
22		care aides and personal assistants shall be denied any
23		increase in reimbursement costs.
24		The Community Care Program Advisory Committee is created
25		in the Department on Aging. The Director shall appoint
26		individuals to serve in the Committee, who shall serve at

HB3817 Enrolled - 885 - LRB103 30519 DTM 56952 b
1		their own expense. Members of the Committee must abide by all
2		applicable ethics laws. The Committee shall advise the
3		Department on issues related to the Department's program of
4		services to prevent unnecessary institutionalization. The
5		Committee shall meet on a bi-monthly basis and shall serve to
6		identify and advise the Department on present and potential
7		issues affecting the service delivery network, the program's
8		clients, and the Department and to recommend solution
9		strategies. Persons appointed to the Committee shall be
10		appointed on, but not limited to, their own and their agency's
11		experience with the program, geographic representation, and
12		willingness to serve. The Director shall appoint members to
13		the Committee to represent provider, advocacy, policy
14		research, and other constituencies committed to the delivery
15		of high quality home and community-based services to older
16		adults. Representatives shall be appointed to ensure
17		representation from community care providers including, but
18		not limited to, adult day service providers, homemaker
19		providers, case coordination and case management units,
20		emergency home response providers, statewide trade or labor
21		unions that represent home care aides and direct care staff,
22		area agencies on aging, adults over age 60, membership
23		organizations representing older adults, and other
24		organizational entities, providers of care, or individuals
25		with demonstrated interest and expertise in the field of home
26		and community care as determined by the Director.

HB3817 Enrolled - 886 - LRB103 30519 DTM 56952 b
1		Nominations may be presented from any agency or State
2		association with interest in the program. The Director, or his
3		or her designee, shall serve as the permanent co-chair of the
4		advisory committee. One other co-chair shall be nominated and
5		approved by the members of the committee on an annual basis.
6		Committee members' terms of appointment shall be for 4 years
7		with one-quarter of the appointees' terms expiring each year.
8		A member shall continue to serve until his or her replacement
9		is named. The Department shall fill vacancies that have a
10		remaining term of over one year, and this replacement shall
11		occur through the annual replacement of expiring terms. The
12		Director shall designate Department staff to provide technical
13		assistance and staff support to the committee. Department
14		representation shall not constitute membership of the
15		committee. All Committee papers, issues, recommendations,
16		reports, and meeting memoranda are advisory only. The
17		Director, or his or her designee, shall make a written report,
18		as requested by the Committee, regarding issues before the
19		Committee.
20		The Department on Aging and the Department of Human
21		Services shall cooperate in the development and submission of
22		an annual report on programs and services provided under this
23		Section. Such joint report shall be filed with the Governor
24		and the General Assembly on or before September 30 each year.
25		The requirement for reporting to the General Assembly
26		shall be satisfied by filing copies of the report as required

HB3817 Enrolled - 887 - LRB103 30519 DTM 56952 b
1		by Section 3.1 of the General Assembly Organization Act and
2		filing such additional copies with the State Government Report
3		Distribution Center for the General Assembly as is required
4		under paragraph (t) of Section 7 of the State Library Act.
5		Those persons previously found eligible for receiving
6		non-institutional services whose services were discontinued
7		under the Emergency Budget Act of Fiscal Year 1992, and who do
8		not meet the eligibility standards in effect on or after July
9		1, 1992, shall remain ineligible on and after July 1, 1992.
10		Those persons previously not required to cost-share and who
11		were required to cost-share effective March 1, 1992, shall
12		continue to meet cost-share requirements on and after July 1,
13		1992. Beginning July 1, 1992, all clients will be required to
14		meet eligibility, cost-share, and other requirements and will
15		have services discontinued or altered when they fail to meet
16		these requirements.
17		For the purposes of this Section, "flexible senior
18		services" refers to services that require one-time or periodic
19		expenditures including, but not limited to, respite care, home
20		modification, assistive technology, housing assistance, and
21		transportation.
22		The Department shall implement an electronic service
23		verification based on global positioning systems or other
24		cost-effective technology for the Community Care Program no
25		later than January 1, 2014.
26		The Department shall require, as a condition of

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1		eligibility, enrollment in the medical assistance program
2		under Article V of the Illinois Public Aid Code (i) beginning
3		August 1, 2013, if the Auditor General has reported that the
4		Department has failed to comply with the reporting
5		requirements of Section 2-27 of the Illinois State Auditing
6		Act; or (ii) beginning June 1, 2014, if the Auditor General has
7		reported that the Department has not undertaken the required
8		actions listed in the report required by subsection (a) of
9		Section 2-27 of the Illinois State Auditing Act.
10		The Department shall delay Community Care Program services
11		until an applicant is determined eligible for medical
12		assistance under Article V of the Illinois Public Aid Code (i)
13		beginning August 1, 2013, if the Auditor General has reported
14		that the Department has failed to comply with the reporting
15		requirements of Section 2-27 of the Illinois State Auditing
16		Act; or (ii) beginning June 1, 2014, if the Auditor General has
17		reported that the Department has not undertaken the required
18		actions listed in the report required by subsection (a) of
19		Section 2-27 of the Illinois State Auditing Act.
20		The Department shall implement co-payments for the
21		Community Care Program at the federally allowable maximum
22		level (i) beginning August 1, 2013, if the Auditor General has
23		reported that the Department has failed to comply with the
24		reporting requirements of Section 2-27 of the Illinois State
25		Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
26		General has reported that the Department has not undertaken

HB3817 Enrolled - 889 - LRB103 30519 DTM 56952 b
1		the required actions listed in the report required by
2		subsection (a) of Section 2-27 of the Illinois State Auditing
3		Act.
4		The Department shall continue to provide other Community
5		Care Program reports as required by statute.
6		The Department shall conduct a quarterly review of Care
7		Coordination Unit performance and adherence to service
8		guidelines. The quarterly review shall be reported to the
9		Speaker of the House of Representatives, the Minority Leader
10		of the House of Representatives, the President of the Senate,
11		and the Minority Leader of the Senate. The Department shall
12		collect and report longitudinal data on the performance of
13		each care coordination unit. Nothing in this paragraph shall
14		be construed to require the Department to identify specific
15		care coordination units.
16		In regard to community care providers, failure to comply
17		with Department on Aging policies shall be cause for
18		disciplinary action, including, but not limited to,
19		disqualification from serving Community Care Program clients.
20		Each provider, upon submission of any bill or invoice to the
21		Department for payment for services rendered, shall include a
22		notarized statement, under penalty of perjury pursuant to
23		Section 1-109 of the Code of Civil Procedure, that the
24		provider has complied with all Department policies.
25		The Director of the Department on Aging shall make
26		information available to the State Board of Elections as may

HB3817 Enrolled - 890 - LRB103 30519 DTM 56952 b
1		be required by an agreement the State Board of Elections has
2		entered into with a multi-state voter registration list
3		maintenance system.
4		Within 30 days after July 6, 2017 (the effective date of
5		Public Act 100-23), rates shall be increased to $18.29 per
6		hour, for the purpose of increasing, by at least $.72 per hour,
7		the wages paid by those vendors to their employees who provide
8		homemaker services. The Department shall pay an enhanced rate
9		under the Community Care Program to those in-home service
10		provider agencies that offer health insurance coverage as a
11		benefit to their direct service worker employees consistent
12		with the mandates of Public Act 95-713. For State fiscal years
13		2018 and 2019, the enhanced rate shall be $1.77 per hour. The
14		rate shall be adjusted using actuarial analysis based on the
15		cost of care, but shall not be set below $1.77 per hour. The
16		Department shall adopt rules, including emergency rules under
17		subsections (y) and (bb) of Section 5-45 of the Illinois
18		Administrative Procedure Act, to implement the provisions of
19		this paragraph.
20		The General Assembly finds it necessary to authorize an
21		aggressive Medicaid enrollment initiative designed to maximize
22		federal Medicaid funding for the Community Care Program which
23		produces significant savings for the State of Illinois. The
24		Department on Aging shall establish and implement a Community
25		Care Program Medicaid Initiative. Under the Initiative, the
26		Department on Aging shall, at a minimum: (i) provide an

HB3817 Enrolled - 891 - LRB103 30519 DTM 56952 b
1		enhanced rate to adequately compensate care coordination units
2		to enroll eligible Community Care Program clients into
3		Medicaid; (ii) use recommendations from a stakeholder
4		committee on how best to implement the Initiative; and (iii)
5		establish requirements for State agencies to make enrollment
6		in the State's Medical Assistance program easier for seniors.
7		The Community Care Program Medicaid Enrollment Oversight
8		Subcommittee is created as a subcommittee of the Older Adult
9		Services Advisory Committee established in Section 35 of the
10		Older Adult Services Act to make recommendations on how best
11		to increase the number of medical assistance recipients who
12		are enrolled in the Community Care Program. The Subcommittee
13		shall consist of all of the following persons who must be
14		appointed within 30 days after the effective date of this
15		amendatory Act of the 100th General Assembly:
16		(1) The Director of Aging, or his or her designee, who
17		shall serve as the chairperson of the Subcommittee.
18		(2) One representative of the Department of Healthcare
19		and Family Services, appointed by the Director of
20		Healthcare and Family Services.
21		(3) One representative of the Department of Human
22		Services, appointed by the Secretary of Human Services.
23		(4) One individual representing a care coordination
24		unit, appointed by the Director of Aging.
25		(5) One individual from a non-governmental statewide
26		organization that advocates for seniors, appointed by the

HB3817 Enrolled - 892 - LRB103 30519 DTM 56952 b
1		Director of Aging.
2		(6) One individual representing Area Agencies on
3		Aging, appointed by the Director of Aging.
4		(7) One individual from a statewide association
5		dedicated to Alzheimer's care, support, and research,
6		appointed by the Director of Aging.
7		(8) One individual from an organization that employs
8		persons who provide services under the Community Care
9		Program, appointed by the Director of Aging.
10		(9) One member of a trade or labor union representing
11		persons who provide services under the Community Care
12		Program, appointed by the Director of Aging.
13		(10) One member of the Senate, who shall serve as
14		co-chairperson, appointed by the President of the Senate.
15		(11) One member of the Senate, who shall serve as
16		co-chairperson, appointed by the Minority Leader of the
17		Senate.
18		(12) One member of the House of Representatives, who
19		shall serve as co-chairperson, appointed by the Speaker of
20		the House of Representatives.
21		(13) One member of the House of Representatives, who
22		shall serve as co-chairperson, appointed by the Minority
23		Leader of the House of Representatives.
24		(14) One individual appointed by a labor organization
25		representing frontline employees at the Department of
26		Human Services.

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1		The Subcommittee shall provide oversight to the Community
2		Care Program Medicaid Initiative and shall meet quarterly. At
3		each Subcommittee meeting the Department on Aging shall
4		provide the following data sets to the Subcommittee: (A) the
5		number of Illinois residents, categorized by planning and
6		service area, who are receiving services under the Community
7		Care Program and are enrolled in the State's Medical
8		Assistance Program; (B) the number of Illinois residents,
9		categorized by planning and service area, who are receiving
10		services under the Community Care Program, but are not
11		enrolled in the State's Medical Assistance Program; and (C)
12		the number of Illinois residents, categorized by planning and
13		service area, who are receiving services under the Community
14		Care Program and are eligible for benefits under the State's
15		Medical Assistance Program, but are not enrolled in the
16		State's Medical Assistance Program. In addition to this data,
17		the Department on Aging shall provide the Subcommittee with
18		plans on how the Department on Aging will reduce the number of
19		Illinois residents who are not enrolled in the State's Medical
20		Assistance Program but who are eligible for medical assistance
21		benefits. The Department on Aging shall enroll in the State's
22		Medical Assistance Program those Illinois residents who
23		receive services under the Community Care Program and are
24		eligible for medical assistance benefits but are not enrolled
25		in the State's Medicaid Assistance Program. The data provided
26		to the Subcommittee shall be made available to the public via

HB3817 Enrolled - 894 - LRB103 30519 DTM 56952 b
1		the Department on Aging's website.
2		The Department on Aging, with the involvement of the
3		Subcommittee, shall collaborate with the Department of Human
4		Services and the Department of Healthcare and Family Services
5		on how best to achieve the responsibilities of the Community
6		Care Program Medicaid Initiative.
7		The Department on Aging, the Department of Human Services,
8		and the Department of Healthcare and Family Services shall
9		coordinate and implement a streamlined process for seniors to
10		access benefits under the State's Medical Assistance Program.
11		The Subcommittee shall collaborate with the Department of
12		Human Services on the adoption of a uniform application
13		submission process. The Department of Human Services and any
14		other State agency involved with processing the medical
15		assistance application of any person enrolled in the Community
16		Care Program shall include the appropriate care coordination
17		unit in all communications related to the determination or
18		status of the application.
19		The Community Care Program Medicaid Initiative shall
20		provide targeted funding to care coordination units to help
21		seniors complete their applications for medical assistance
22		benefits. On and after July 1, 2019, care coordination units
23		shall receive no less than $200 per completed application,
24		which rate may be included in a bundled rate for initial intake
25		services when Medicaid application assistance is provided in
26		conjunction with the initial intake process for new program

HB3817 Enrolled - 895 - LRB103 30519 DTM 56952 b
1		participants.
2		The Community Care Program Medicaid Initiative shall cease
3		operation 5 years after the effective date of this amendatory
4		Act of the 100th General Assembly, after which the
5		Subcommittee shall dissolve.
6		Effective July 1, 2023, subject to federal approval, the
7		Department on Aging shall reimburse Care Coordination Units at
8		the following rates for case management services: $252.40 for
9		each initial assessment; $366.40 for each initial assessment
10		with translation; $229.68 for each redetermination assessment;
11		$313.68 for each redetermination assessment with translation;
12		$200.00 for each completed application for medical assistance
13		benefits; $132.26 for each face-to-face, choices-for-care
14		screening; $168.26 for each face-to-face, choices-for-care
15		screening with translation; $124.56 for each 6-month,
16		face-to-face visit; $132.00 for each MCO participant
17		eligibility determination; and $157.00 for each MCO
18		participant eligibility determination with translation.
19		(Source: P.A. 101-10, eff. 6-5-19; 102-1071, eff. 6-10-22.)
20		ARTICLE 150.
21		Section 150-5. The Illinois Affordable Housing Act is
22		amended by changing Section 17 as follows:
23		(310 ILCS 65/17) (from Ch. 67 1/2, par. 1267)

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1		Sec. 17. Annual Budget and Report. (a) Within 9 months
2		after the effective date of this Act, the Commission shall
3		prepare a plan listing available resources, priorities for
4		expenditures, and procedures for making application for grants
5		and loans. The plan shall be published in the Illinois
6		Register. Such a plan shall be prepared annually and published
7		for each succeeding year.
8		(b) Within 60 days of the end of each fiscal year, the
9		Commission shall prepare a report to the General Assembly
10		describing the activities of the Affordable Housing Program
11		for the preceding year.
12		(c) 1% of permitted funds within the annual proposed
13		budget stemming from the plan shall be allocated to support
14		limited-equity cooperative housing through programs and
15		subsidies for cooperative homebuyer assistance, building
16		acquisition and renovation, assistance with monthly housing
17		charges, predevelopment funding, and technical assistance.
18		(Source: P.A. 86-925.)
19		ARTICLE 155.
20		Section 155-5. The Higher Education Student Assistance Act
21		is amended by adding Section 27 as follows:
22		(110 ILCS 947/27 new)
23		Sec. 27. Prepare for Illinois' Future Program.

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1		(a) Subject to appropriation, the Illinois Student
2		Assistance Commission shall as soon as is practicable, develop
3		and implement a Prepare for Illinois' Future Program to offer
4		comprehensive test preparation and professional licensure
5		preparation, free of charge and at no cost to students, with a
6		goal of serving all students at institutions of higher
7		education. If funding for the program is insufficient to
8		support universal access, then the Commission may prioritize
9		offering the services to recipients of the Monetary Award
10		Program grant assistance under Section 35 of this Act.
11		(b) The Program shall offer students, at a minimum, test
12		preparation services for the Medical College Admission Test,
13		the Law School Admission Test, the Graduate Record
14		Examination, the Graduate Management Admission Test, and other
15		preparation programs for professional exams that may include,
16		but are not limited to, exams for nursing, teaching, real
17		estate, securities, and law. The program may also provide
18		preparation for credentials such as, but not limited to, the
19		Securities Industry Essentials Exam, a Financial Paraplanner
20		Qualified Professional exam, and a Wealth Management
21		Specialist exam. In establishing the Program, the Commission
22		shall consider, among other factors, whether the test and
23		licensure exam preparation and credentialing programs can be
24		provided by a single vendor.
25		(c) The Commission shall report to the General Assembly
26		and Governor on the Program's usage as soon as is practicable

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1		after the Program has been in place for at least one academic
2		year. To the extent that appropriate data is available, the
3		Commission shall also report information on the program's
4		effectiveness, with a goal of providing multi-stage research
5		to gauge the impact of this investment on in-state university
6		recruitment and retention, the State's talent pipeline, and
7		the longitudinal value provided to State students.
8		Institutions of higher education shall provide information to
9		the Commission as needed to facilitate completion of this
10		report.
11		ARTICLE 999.
12		Section 999-95. No acceleration or delay. Where this Act
13		makes changes in a statute that is represented in this Act by
14		text that is not yet or no longer in effect (for example, a
15		Section represented by multiple versions), the use of that
16		text does not accelerate or delay the taking effect of (i) the
17		changes made by this Act or (ii) provisions derived from any
18		other Public Act.
19		Section 999-99. Effective date. This Act takes effect upon
20		becoming law, except that Articles 10, 85, 98, 100, and 125
21		take effect on July 1, 2023, Articles 20, 80, and 99 take
22		effect on January 1, 2024, and Section 5-110 takes effect on
23		the effective date of House Bill 2041 of the 103rd General
24		Assembly or upon becoming law, whichever is later.