Sen. Elgie R. Sims, Jr.

Filed: 5/25/2023

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1
AMENDMENT TO HOUSE BILL 3817
2 AMENDMENT NO. ______. Amend House Bill 3817, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
5
"ARTICLE 1.
6 Section 1-1. Short Title. This Act may be cited as the FY
72024 Budget Implementation Act.
8 Section 1-5. Purpose. It is the purpose of this Act to make
9changes in State programs that are necessary to implement the
10State budget for Fiscal Year 2024.
11
ARTICLE 3.
12 Section 3-5. Short title. This Article may be cited as the
13Council of State Governments Act. As used in this Article,

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1"this Act" refers to this Article.
2 Section 3-10. Participation in Council of State
3Governments. The majority and minority leadership of the
4Senate and the House of Representatives, as well as members of
5appropriate legislative committees and commissions, as
6determined by such leadership, may annually attend appropriate
7meetings of the Council of State Governments as
8representatives of the General Assembly of the State of
9Illinois and may pay such annual membership fee as may be
10required to maintain membership in that organization.
11
ARTICLE 5.
12 Section 5-5. The State Employees Group Insurance Act of
131971 is amended by changing Sections 6.9 and 6.10 as follows:
14 (5 ILCS 375/6.9)
15 Sec. 6.9. Health benefits for community college benefit
16recipients and community college dependent beneficiaries.
17 (a) Purpose. It is the purpose of this amendatory Act of
181997 to establish a uniform program of health benefits for
19community college benefit recipients and their dependent
20beneficiaries under the administration of the Department of
21Central Management Services.
22 (b) Creation of program. Beginning July 1, 1999, the

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1Department of Central Management Services shall be responsible
2for administering a program of health benefits for community
3college benefit recipients and community college dependent
4beneficiaries under this Section. The State Universities
5Retirement System and the boards of trustees of the various
6community college districts shall cooperate with the
7Department in this endeavor.
8 (c) Eligibility. All community college benefit recipients
9and community college dependent beneficiaries shall be
10eligible to participate in the program established under this
11Section, without any interruption or delay in coverage or
12limitation as to pre-existing medical conditions. Eligibility
13to participate shall be determined by the State Universities
14Retirement System. Eligibility information shall be
15communicated to the Department of Central Management Services
16in a format acceptable to the Department.
17 Eligible community college benefit recipients may enroll
18or re-enroll in the program of health benefits established
19under this Section during any applicable annual open
20enrollment period and as otherwise permitted by the Department
21of Central Management Services. A community college benefit
22recipient shall not be deemed ineligible to participate solely
23by reason of the community college benefit recipient having
24made a previous election to disenroll or otherwise not
25participate in the program of health benefits.
26 (d) Coverage. The health benefit coverage provided under

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1this Section shall be a program of health, dental, and vision
2benefits.
3 The program of health benefits under this Section may
4include any or all of the benefit limitations, including but
5not limited to a reduction in benefits based on eligibility
6for federal Medicare benefits, that are provided under
7subsection (a) of Section 6 of this Act for other health
8benefit programs under this Act.
9 (e) Insurance rates and premiums. The Director shall
10determine the insurance rates and premiums for community
11college benefit recipients and community college dependent
12beneficiaries and shall present to the State Universities
13Retirement System, by April 15 of each calendar year, the
14rate-setting methodology (including, but not limited to,
15utilization levels and costs) used to determine the insurance
16rates and premiums. Rates and premiums may be based in part on
17age and eligibility for federal Medicare coverage. The
18Director shall also determine premiums that will allow for the
19establishment of an actuarially sound reserve for this
20program.
21 The cost of health benefits under the program shall be
22paid as follows:
23 (1) For a community college benefit recipient, up to
24 75% of the total insurance rate shall be paid from the
25 Community College Health Insurance Security Fund.
26 (2) The balance of the rate of insurance, including

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1 the entire premium for any coverage for community college
2 dependent beneficiaries that has been elected, shall be
3 paid by deductions authorized by the community college
4 benefit recipient to be withheld from his or her monthly
5 annuity or benefit payment from the State Universities
6 Retirement System; except that (i) if the balance of the
7 cost of coverage exceeds the amount of the monthly annuity
8 or benefit payment, the difference shall be paid directly
9 to the State Universities Retirement System by the
10 community college benefit recipient, and (ii) all or part
11 of the balance of the cost of coverage may, at the option
12 of the board of trustees of the community college
13 district, be paid to the State Universities Retirement
14 System by the board of the community college district from
15 which the community college benefit recipient retired. The
16 State Universities Retirement System shall promptly
17 deposit all moneys withheld by or paid to it under this
18 subdivision (e)(2) into the Community College Health
19 Insurance Security Fund. These moneys shall not be
20 considered assets of the State Universities Retirement
21 System.
22 (f) Financing. All revenues arising from the
23administration of the health benefit program established under
24this Section shall be deposited into the Community College
25Health Insurance Security Fund, which is hereby created as a
26nonappropriated trust fund to be held outside the State

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1Treasury, with the State Treasurer as custodian. Any interest
2earned on moneys in the Community College Health Insurance
3Security Fund shall be deposited into the Fund.
4 Moneys in the Community College Health Insurance Security
5Fund shall be used only to pay the costs of the health benefit
6program established under this Section, including associated
7administrative costs and the establishment of a program
8reserve. Beginning January 1, 1999, the Department of Central
9Management Services may make expenditures from the Community
10College Health Insurance Security Fund for those costs.
11 (g) Contract for benefits. The Director shall by contract,
12self-insurance, or otherwise make available the program of
13health benefits for community college benefit recipients and
14their community college dependent beneficiaries that is
15provided for in this Section. The contract or other
16arrangement for the provision of these health benefits shall
17be on terms deemed by the Director to be in the best interest
18of the State of Illinois and the community college benefit
19recipients based on, but not limited to, such criteria as
20administrative cost, service capabilities of the carrier or
21other contractor, and the costs of the benefits.
22 (h) Continuation of program. It is the intention of the
23General Assembly that the program of health benefits provided
24under this Section be maintained on an ongoing, affordable
25basis. The program of health benefits provided under this
26Section may be amended by the State and is not intended to be a

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1pension or retirement benefit subject to protection under
2Article XIII, Section 5 of the Illinois Constitution.
3 (i) Other health benefit plans. A health benefit plan
4provided by a community college district (other than a
5community college district subject to Article VII of the
6Public Community College Act) under the terms of a collective
7bargaining agreement in effect on or prior to the effective
8date of this amendatory Act of 1997 shall continue in force
9according to the terms of that agreement, unless otherwise
10mutually agreed by the parties to that agreement and the
11affected retiree. A community college benefit recipient or
12community college dependent beneficiary whose coverage under
13such a plan expires shall be eligible to begin participating
14in the program established under this Section without any
15interruption or delay in coverage or limitation as to
16pre-existing medical conditions.
17 This Act does not prohibit any community college district
18from offering additional health benefits for its retirees or
19their dependents or survivors.
20 (j) Committee. A Community College Insurance Program
21Committee shall be established and shall consist of the
22following 7 members who are appointed by the Governor: 2
23members who represent organized labor and are each members of
24different unions; one member who represents community college
25retirees; one member who represents community college
26trustees; one member who represents community college

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1presidents; one member who represents the Illinois Community
2College Board; and one ex officio member who represents the
3State Universities Retirement System. The Department of
4Central Management Services shall provide administrative
5support to the Committee. The Committee shall convene at least
64 times each year and shall review and make recommendations on
7program contribution rates once the program is forecasted to
8have satisfied the outstanding program debt existing on June
930, 2023 and is operating on a no-hold payment cycle.
10(Source: P.A. 100-1017, eff. 8-21-18.)
11 (5 ILCS 375/6.10)
12 Sec. 6.10. Contributions to the Community College Health
13Insurance Security Fund.
14 (a) Beginning January 1, 1999 and through June 30, 2023,
15every active contributor of the State Universities Retirement
16System (established under Article 15 of the Illinois Pension
17Code) who (1) is a full-time employee of a community college
18district (other than a community college district subject to
19Article VII of the Public Community College Act) or an
20association of community college boards and (2) is not an
21employee as defined in Section 3 of this Act shall make
22contributions toward the cost of community college annuitant
23and survivor health benefits at the rate of 0.50% of salary.
24Beginning July 1, 2023 and through June 30, 2024, the
25contribution rate shall be 0.75% of salary. Beginning July 1,

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12024 and through June 30, 2026, the contribution rate shall be
2a percentage of salary to be determined by the Department of
3Central Management Services, which in each fiscal year shall
4not exceed a 0.1 percentage point increase in the amount of
5salary actually required to be contributed for the previous
6fiscal year. Beginning July 1, 2026, the contribution rate
7shall be a percentage of salary to be determined by the
8Department of Central Management Services, which in each
9fiscal year shall not exceed 105% of the percentage of salary
10actually required to be contributed for the previous fiscal
11year.
12 These contributions shall be deducted by the employer and
13paid to the State Universities Retirement System as service
14agent for the Department of Central Management Services. The
15System may use the same processes for collecting the
16contributions required by this subsection that it uses to
17collect the contributions received from those employees under
18Section 15-157 of the Illinois Pension Code. An employer may
19agree to pick up or pay the contributions required under this
20subsection on behalf of the employee; such contributions shall
21be deemed to have been paid by the employee.
22 The State Universities Retirement System shall promptly
23deposit all moneys collected under this subsection (a) into
24the Community College Health Insurance Security Fund created
25in Section 6.9 of this Act. The moneys collected under this
26Section shall be used only for the purposes authorized in

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1Section 6.9 of this Act and shall not be considered to be
2assets of the State Universities Retirement System.
3Contributions made under this Section are not transferable to
4other pension funds or retirement systems and are not
5refundable upon termination of service.
6 (b) Beginning January 1, 1999 and through June 30, 2023,
7every community college district (other than a community
8college district subject to Article VII of the Public
9Community College Act) or association of community college
10boards that is an employer under the State Universities
11Retirement System shall contribute toward the cost of the
12community college health benefits provided under Section 6.9
13of this Act an amount equal to 0.50% of the salary paid to its
14full-time employees who participate in the State Universities
15Retirement System and are not members as defined in Section 3
16of this Act. Beginning July 1, 2023 and through June 30, 2024,
17the contribution rate shall be 0.75% of the salary. Beginning
18July 1, 2024 and through June 30, 2026, the contribution rate
19shall be a percentage of salary to be determined by the
20Department of Central Management Services, which in each
21fiscal year shall not exceed a 0.1 percentage point increase
22in the amount of salary actually required to be contributed
23for the previous fiscal year. Beginning July 1, 2026, the
24contribution rate shall be a percentage of salary to be
25determined by the Department of Central Management Services,
26which in each fiscal year shall not exceed 105% of the

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1percentage of salary actually required to be contributed for
2the previous fiscal year.
3 These contributions shall be paid by the employer to the
4State Universities Retirement System as service agent for the
5Department of Central Management Services. The System may use
6the same processes for collecting the contributions required
7by this subsection that it uses to collect the contributions
8received from those employers under Section 15-155 of the
9Illinois Pension Code.
10 The State Universities Retirement System shall promptly
11deposit all moneys collected under this subsection (b) into
12the Community College Health Insurance Security Fund created
13in Section 6.9 of this Act. The moneys collected under this
14Section shall be used only for the purposes authorized in
15Section 6.9 of this Act and shall not be considered to be
16assets of the State Universities Retirement System.
17Contributions made under this Section are not transferable to
18other pension funds or retirement systems and are not
19refundable upon termination of service.
20 The Department of Central Management Services, or any
21successor agency designated to procure healthcare contracts
22pursuant to this Act, is authorized to establish funds,
23separate accounts provided by any bank or banks as defined by
24the Illinois Banking Act, or separate accounts provided by any
25savings and loan association or associations as defined by the
26Illinois Savings and Loan Act of 1985 to be held by the

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1Director, outside the State treasury, for the purpose of
2receiving the transfer of moneys from the Community College
3Health Insurance Security Fund. The Department may promulgate
4rules further defining the methodology for the transfers. Any
5interest earned by moneys in the funds or accounts shall inure
6to the Community College Health Insurance Security Fund. The
7transferred moneys, and interest accrued thereon, shall be
8used exclusively for transfers to administrative service
9organizations or their financial institutions for payments of
10claims to claimants and providers under the self-insurance
11health plan. The transferred moneys, and interest accrued
12thereon, shall not be used for any other purpose including,
13but not limited to, reimbursement of administration fees due
14the administrative service organization pursuant to its
15contract or contracts with the Department.
16 (c) On or before November 15 of each year, the Board of
17Trustees of the State Universities Retirement System shall
18certify to the Governor, the Director of Central Management
19Services, and the State Comptroller its estimate of the total
20amount of contributions to be paid under subsection (a) of
21this Section for the next fiscal year. Beginning in fiscal
22year 2008, the amount certified shall be decreased or
23increased each year by the amount that the actual active
24employee contributions either fell short of or exceeded the
25estimate used by the Board in making the certification for the
26previous fiscal year. The State Universities Retirement System

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1shall calculate the amount of actual active employee
2contributions in fiscal years 1999 through 2005. Based upon
3this calculation, the fiscal year 2008 certification shall
4include an amount equal to the cumulative amount that the
5actual active employee contributions either fell short of or
6exceeded the estimate used by the Board in making the
7certification for those fiscal years. The certification shall
8include a detailed explanation of the methods and information
9that the Board relied upon in preparing its estimate. As soon
10as possible after the effective date of this Section, the
11Board shall submit its estimate for fiscal year 1999.
12 On or after the effective date of this amendatory Act of
13the 103rd General Assembly, but no later than June 30, 2023,
14the Board shall recalculate and recertify to the Governor, the
15Director of Central Management Services, and the State
16Comptroller its estimate of the total amount of contributions
17to be paid under subsection (a) for State fiscal year 2024,
18taking into account the changes in required employee
19contributions made by this amendatory Act of the 103rd General
20Assembly.
21 (d) Beginning in fiscal year 1999, on the first day of each
22month, or as soon thereafter as may be practical, the State
23Treasurer and the State Comptroller shall transfer from the
24General Revenue Fund to the Community College Health Insurance
25Security Fund 1/12 of the annual amount appropriated for that
26fiscal year to the State Comptroller for deposit into the

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1Community College Health Insurance Security Fund under Section
21.4 of the State Pension Funds Continuing Appropriation Act.
3 (e) Except where otherwise specified in this Section, the
4definitions that apply to Article 15 of the Illinois Pension
5Code apply to this Section.
6(Source: P.A. 98-488, eff. 8-16-13.)
7 Section 5-15. The State Treasurer Act is amended by
8changing Section 16.8 as follows:
9 (15 ILCS 505/16.8)
10 Sec. 16.8. Illinois Higher Education Savings Program.
11 (a) Definitions. As used in this Section:
12 "Beneficiary" means an eligible child named as a recipient
13of seed funds.
14 "Eligible child" means a child born or adopted after
15December 31, 2022, to a parent who is a resident of Illinois at
16the time of the birth or adoption, as evidenced by
17documentation received by the Treasurer from the Department of
18Revenue, the Department of Public Health, or another State or
19local government agency.
20 "Eligible educational institution" means institutions that
21are described in Section 1001 of the federal Higher Education
22Act of 1965 that are eligible to participate in Department of
23Education student aid programs.
24 "Fund" means the Illinois Higher Education Savings Program

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1Fund.
2 "Omnibus account" means the pooled collection of seed
3funds owned and managed by the State Treasurer in the College
4Savings Pool under this Act.
5 "Program" means the Illinois Higher Education Savings
6Program.
7 "Qualified higher education expense" means the following:
8(i) tuition, fees, and the costs of books, supplies, and
9equipment required for enrollment or attendance at an eligible
10educational institution; (ii) expenses for special needs
11services, in the case of a special needs beneficiary, which
12are incurred in connection with such enrollment or attendance;
13(iii) certain expenses for the purchase of computer or
14peripheral equipment, computer software, or Internet access
15and related services as defined under Section 529 of the
16Internal Revenue Code; (iv) room and board expenses incurred
17while attending an eligible educational institution at least
18half-time; (v) expenses for fees, books, supplies, and
19equipment required for the participation of a designated
20beneficiary in an apprenticeship program registered and
21certified with the Secretary of Labor under the National
22Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as
23principal or interest on any qualified education loan of the
24designated beneficiary or a sibling of the designated
25beneficiary, as allowed under Section 529 of the Internal
26Revenue Code.

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1 "Seed funds" means the deposit made by the State Treasurer
2into the Omnibus Accounts for Program beneficiaries.
3 (b) Program established. The State Treasurer shall
4establish the Illinois Higher Education Savings Program as a
5part of the College Savings Pool under Section 16.5 of this
6Act, subject to appropriation by the General Assembly. The
7State Treasurer shall administer the Program for the purposes
8of expanding access to higher education through savings.
9 (c) Program enrollment. The State Treasurer shall enroll
10all eligible children in the Program beginning in 2023, after
11receiving records of recent births, adoptions, or dependents
12from the Department of Revenue, the Department of Public
13Health, or another State or local government agency designated
14by the Treasurer. Notwithstanding any court order which would
15otherwise prevent the release of information, the Department
16of Public Health is authorized to release the information
17specified under this subsection (c) to the State Treasurer for
18the purposes of the Program established under this Section.
19 (1) Beginning in 2021, the Department of Public Health
20 shall provide the State Treasurer with information on
21 recent Illinois births and adoptions including, but not
22 limited to: the full name, residential address, birth
23 date, and birth record number of the child and the full
24 name and residential address of the child's parent or
25 legal guardian for the purpose of enrolling eligible
26 children in the Program. This data shall be provided to

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1 the State Treasurer by the Department of Public Health on
2 a quarterly basis, no later than 30 days after the end of
3 each quarter, or some other date and frequency as mutually
4 agreed to by the State Treasurer and the Department of
5 Public Health.
6 (1.5) Beginning in 2021, the Department of Revenue
7 shall provide the State Treasurer with information on tax
8 filers claiming dependents or the adoption tax credit
9 including, but not limited to: the full name, residential
10 address, email address, phone number, birth date, and
11 social security number or taxpayer identification number
12 of the dependent child and of the child's parent or legal
13 guardian for the purpose of enrolling eligible children in
14 the Program. This data shall be provided to the State
15 Treasurer by the Department of Revenue on at least an
16 annual basis, by July 1 of each year or another date
17 jointly determined by the State Treasurer and the
18 Department of Revenue. Notwithstanding anything to the
19 contrary contained within this paragraph (2), the
20 Department of Revenue shall not be required to share any
21 information that would be contrary to federal law,
22 regulation, or Internal Revenue Service Publication 1075.
23 (2) The State Treasurer shall ensure the security and
24 confidentiality of the information provided by the
25 Department of Revenue, the Department of Public Health, or
26 another State or local government agency, and it shall not

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1 be subject to release under the Freedom of Information
2 Act.
3 (3) Information provided under this Section shall only
4 be used by the State Treasurer for the Program and shall
5 not be used for any other purpose.
6 (4) The State Treasurer and any vendors working on the
7 Program shall maintain strict confidentiality of any
8 information provided under this Section, and shall
9 promptly provide written or electronic notice to the
10 providing agency of any security breach. The providing
11 State or local government agency shall remain the sole and
12 exclusive owner of information provided under this
13 Section.
14 (d) Seed funds. After receiving information on recent
15births, adoptions, or dependents from the Department of
16Revenue, the Department of Public Health, or another State or
17local government agency, the State Treasurer shall make
18deposits into an omnibus account on behalf of eligible
19children. The State Treasurer shall be the owner of the
20omnibus accounts.
21 (1) Deposit amount. The seed fund deposit for each
22 eligible child shall be in the amount of $50. This amount
23 may be increased by the State Treasurer by rule. The State
24 Treasurer may use or deposit funds appropriated by the
25 General Assembly together with moneys received as gifts,
26 grants, or contributions into the Fund. If insufficient

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1 funds are available in the Fund, the State Treasurer may
2 reduce the deposit amount or forego deposits.
3 (2) Use of seed funds. Seed funds, including any
4 interest, dividends, and other earnings accrued, will be
5 eligible for use by a beneficiary for qualified higher
6 education expenses if:
7 (A) the parent or guardian of the eligible child
8 claimed the seed funds for the beneficiary by the
9 beneficiary's 10th birthday;
10 (B) the beneficiary has completed secondary
11 education or has reached the age of 18; and
12 (C) the beneficiary is currently a resident of the
13 State of Illinois. Non-residents are not eligible to
14 claim or use seed funds.
15 (3) Notice of seed fund availability. The State
16 Treasurer shall make a good faith effort to notify
17 beneficiaries and their parents or legal guardians of the
18 seed funds' availability and the deadline to claim such
19 funds.
20 (4) Unclaimed seed funds. Seed funds and any interest
21 earnings that are unclaimed by the beneficiary's 10th
22 birthday or unused by the beneficiary's 26th birthday will
23 be considered forfeited. Unclaimed and unused seed funds
24 and any interest earnings will remain in the omnibus
25 account for future beneficiaries.
26 (e) Financial education. The State Treasurer may develop

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1educational materials that support the financial literacy of
2beneficiaries and their legal guardians, and may do so in
3collaboration with State and federal agencies, including, but
4not limited to, the Illinois State Board of Education and
5existing nonprofit agencies with expertise in financial
6literacy and education.
7 (f) Supplementary deposits and partnerships. The State
8Treasurer may make supplementary deposits to children in
9financially insecure households if sufficient funds are
10available. Furthermore, the State Treasurer may develop
11partnerships with private, nonprofit, or governmental
12organizations to provide additional savings incentives,
13including conditional cash transfers or matching contributions
14that provide a savings incentive based on specific actions
15taken or other criteria.
16 (g) Illinois Higher Education Savings Program Fund. The
17Illinois Higher Education Savings Program Fund is hereby
18established as a special fund in the State treasury. The Fund
19shall be the official repository of all contributions,
20appropriated funds, interest, and dividend payments, gifts, or
21other financial assets received by the State Treasurer in
22connection with the operation of the Program or related
23partnerships. All such moneys shall be deposited into in the
24Fund and held by the State Treasurer as custodian thereof. The
25State Treasurer may accept gifts, grants, awards, matching
26contributions, interest income, and appropriated funds from

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1individuals, businesses, governments, and other third-party
2sources to implement the Program on terms that the Treasurer
3deems advisable. All interest or other earnings accruing or
4received on amounts in the Illinois Higher Education Savings
5Program Fund shall be credited to and retained by the Fund and
6used for the benefit of the Program. Assets of the Fund must at
7all times be preserved, invested, and expended only for the
8purposes of the Program and must be held for the benefit of the
9beneficiaries. Assets may not be transferred or used by the
10State or the State Treasurer for any purposes other than the
11purposes of the Program. In addition, no moneys, interest, or
12other earnings paid into the Fund shall be used, temporarily
13or otherwise, for inter-fund borrowing or be otherwise used or
14appropriated except as expressly authorized by this Act.
15Notwithstanding the requirements of this subsection (g),
16amounts in the Fund may be used by the State Treasurer to pay
17the administrative costs of the Program.
18 (g-5) Fund deposits and payments. On July 15 of each year,
19beginning July 15, 2023, or as soon thereafter as practical,
20the State Comptroller shall direct and the State Treasurer
21shall transfer the sum of $2,500,000, or the amount that is
22appropriated annually by the General Assembly, whichever is
23greater, from the General Revenue Fund to the Illinois Higher
24Education Savings Program Fund to be used for the
25administration and operation of the Program.
26 (h) Audits and reports. The State Treasurer shall include

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1the Illinois Higher Education Savings Program as part of the
2audit of the College Savings Pool described in Section 16.5.
3The State Treasurer shall annually prepare a report that
4includes a summary of the Program operations for the preceding
5fiscal year, including the number of children enrolled in the
6Program, the total amount of seed fund deposits, the rate of
7seed deposits claimed, and, to the extent data is reported and
8available, the racial, ethnic, socioeconomic, and geographic
9data of beneficiaries and of children in financially insecure
10households who may receive automatic bonus deposits. Such
11other information that is relevant to make a full disclosure
12of the operations of the Program and Fund may also be reported.
13The report shall be made available on the Treasurer's website
14by January 31 each year, starting in January of 2024. The State
15Treasurer may include the Program in other reports as
16warranted.
17 (i) Rules. The State Treasurer may adopt rules necessary
18to implement this Section.
19(Source: P.A. 101-466, eff. 1-1-20; 102-129, eff. 7-23-21;
20102-558, eff. 8-20-21; 102-1047, eff. 1-1-23.)
21 Section 5-16. The Community Development Loan Guarantee Act
22is amended by changing Section 30-35 and by adding Section
2330-36 as follows:
24 (15 ILCS 516/30-35)

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1 Sec. 30-35. Limitations on funding. The State Treasurer
2may allocate use up to $10,000,000 of investment earnings each
3year for the Loan Guarantee Program, provided that no more
4than $50,000,000 may be used for guaranteeing loans at any
5given time. The State Treasurer shall make the allocation to
6the Loan Guarantee Administrative Trust Fund prior to
7allocating interest from the gross earnings of the State
8investment portfolio.
9(Source: P.A. 101-657, eff. 3-23-21.)
10 (15 ILCS 516/30-36 new)
11 Sec. 30-36. Loan Guarantee Administrative Trust Fund. The
12Loan Guarantee Administrative Trust Fund is created as a
13nonappropriated trust fund within the State treasury. Moneys
14in the Fund may be used by the State Treasurer to guarantee
15loans and to cover administrative expenses related to the
16Program. The Fund may receive any grants or other moneys
17designated for administrative purposes from the State, from
18any unit of federal, State, or local government, or from any
19other person, firm, partnership, or corporation.
20 Section 5-17. The Substance Use Disorder Act is amended by
21changing Section 5-10 as follows:
22 (20 ILCS 301/5-10)
23 Sec. 5-10. Functions of the Department.

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1 (a) In addition to the powers, duties and functions vested
2in the Department by this Act, or by other laws of this State,
3the Department shall carry out the following activities:
4 (1) Design, coordinate and fund comprehensive
5 community-based and culturally and gender-appropriate
6 services throughout the State. These services must include
7 prevention, early intervention, treatment, and other
8 recovery support services for substance use disorders that
9 are accessible and address addresses the needs of at-risk
10 individuals and their families.
11 (2) Act as the exclusive State agency to accept,
12 receive and expend, pursuant to appropriation, any public
13 or private monies, grants or services, including those
14 received from the federal government or from other State
15 agencies, for the purpose of providing prevention, early
16 intervention, treatment, and other recovery support
17 services for substance use disorders.
18 (2.5) In partnership with the Department of Healthcare
19 and Family Services, act as one of the principal State
20 agencies for the sole purpose of calculating the
21 maintenance of effort requirement under Section 1930 of
22 Title XIX, Part B, Subpart II of the Public Health Service
23 Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
24 96.134).
25 (3) Coordinate a statewide strategy for the
26 prevention, early intervention, treatment, and recovery

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1 support of substance use disorders. This strategy shall
2 include the development of a comprehensive plan, submitted
3 annually with the application for federal substance use
4 disorder block grant funding, for the provision of an
5 array of such services. The plan shall be based on local
6 community-based needs and upon data including, but not
7 limited to, that which defines the prevalence of and costs
8 associated with substance use disorders. This
9 comprehensive plan shall include identification of
10 problems, needs, priorities, services and other pertinent
11 information, including the needs of minorities and other
12 specific priority populations in the State, and shall
13 describe how the identified problems and needs will be
14 addressed. For purposes of this paragraph, the term
15 "minorities and other specific priority populations" may
16 include, but shall not be limited to, groups such as
17 women, children, intravenous drug users, persons with AIDS
18 or who are HIV infected, veterans, African-Americans,
19 Puerto Ricans, Hispanics, Asian Americans, the elderly,
20 persons in the criminal justice system, persons who are
21 clients of services provided by other State agencies,
22 persons with disabilities and such other specific
23 populations as the Department may from time to time
24 identify. In developing the plan, the Department shall
25 seek input from providers, parent groups, associations and
26 interested citizens.

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1 The plan developed under this Section shall include an
2 explanation of the rationale to be used in ensuring that
3 funding shall be based upon local community needs,
4 including, but not limited to, the incidence and
5 prevalence of, and costs associated with, substance use
6 disorders, as well as upon demonstrated program
7 performance.
8 The plan developed under this Section shall also
9 contain a report detailing the activities of and progress
10 made through services for the care and treatment of
11 substance use disorders among pregnant women and mothers
12 and their children established under subsection (j) of
13 Section 35-5.
14 As applicable, the plan developed under this Section
15 shall also include information about funding by other
16 State agencies for prevention, early intervention,
17 treatment, and other recovery support services.
18 (4) Lead, foster and develop cooperation, coordination
19 and agreements among federal and State governmental
20 agencies and local providers that provide assistance,
21 services, funding or other functions, peripheral or
22 direct, in the prevention, early intervention, treatment,
23 and recovery support for substance use disorders. This
24 shall include, but shall not be limited to, the following:
25 (A) Cooperate with and assist other State
26 agencies, as applicable, in establishing and

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1 conducting substance use disorder services among the
2 populations they respectively serve.
3 (B) Cooperate with and assist the Illinois
4 Department of Public Health in the establishment,
5 funding and support of programs and services for the
6 promotion of maternal and child health and the
7 prevention and treatment of infectious diseases,
8 including but not limited to HIV infection, especially
9 with respect to those persons who are high risk due to
10 intravenous injection of illegal drugs, or who may
11 have been sexual partners of these individuals, or who
12 may have impaired immune systems as a result of a
13 substance use disorder.
14 (C) Supply to the Department of Public Health and
15 prenatal care providers a list of all providers who
16 are licensed to provide substance use disorder
17 treatment for pregnant women in this State.
18 (D) Assist in the placement of child abuse or
19 neglect perpetrators (identified by the Illinois
20 Department of Children and Family Services (DCFS)) who
21 have been determined to be in need of substance use
22 disorder treatment pursuant to Section 8.2 of the
23 Abused and Neglected Child Reporting Act.
24 (E) Cooperate with and assist DCFS in carrying out
25 its mandates to:
26 (i) identify substance use disorders among its

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1 clients and their families; and
2 (ii) develop services to deal with such
3 disorders.
4 These services may include, but shall not be limited
5 to, programs to prevent or treat substance use
6 disorders with DCFS clients and their families,
7 identifying child care needs within such treatment,
8 and assistance with other issues as required.
9 (F) Cooperate with and assist the Illinois
10 Criminal Justice Information Authority with respect to
11 statistical and other information concerning the
12 incidence and prevalence of substance use disorders.
13 (G) Cooperate with and assist the State
14 Superintendent of Education, boards of education,
15 schools, police departments, the Illinois State
16 Police, courts and other public and private agencies
17 and individuals in establishing prevention programs
18 statewide and preparing curriculum materials for use
19 at all levels of education.
20 (H) Cooperate with and assist the Illinois
21 Department of Healthcare and Family Services in the
22 development and provision of services offered to
23 recipients of public assistance for the treatment and
24 prevention of substance use disorders.
25 (I) (Blank).
26 (5) From monies appropriated to the Department from

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1 the Drunk and Drugged Driving Prevention Fund, reimburse
2 DUI evaluation and risk education programs licensed by the
3 Department for providing indigent persons with free or
4 reduced-cost evaluation and risk education services
5 relating to a charge of driving under the influence of
6 alcohol or other drugs.
7 (6) Promulgate regulations to identify and disseminate
8 best practice guidelines that can be utilized by publicly
9 and privately funded programs as well as for levels of
10 payment to government funded programs that provide
11 prevention, early intervention, treatment, and other
12 recovery support services for substance use disorders and
13 those services referenced in Sections 15-10 and 40-5.
14 (7) In consultation with providers and related trade
15 associations, specify a uniform methodology for use by
16 funded providers and the Department for billing and
17 collection and dissemination of statistical information
18 regarding services related to substance use disorders.
19 (8) Receive data and assistance from federal, State
20 and local governmental agencies, and obtain copies of
21 identification and arrest data from all federal, State and
22 local law enforcement agencies for use in carrying out the
23 purposes and functions of the Department.
24 (9) Designate and license providers to conduct
25 screening, assessment, referral and tracking of clients
26 identified by the criminal justice system as having

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1 indications of substance use disorders and being eligible
2 to make an election for treatment under Section 40-5 of
3 this Act, and assist in the placement of individuals who
4 are under court order to participate in treatment.
5 (10) Identify and disseminate evidence-based best
6 practice guidelines as maintained in administrative rule
7 that can be utilized to determine a substance use disorder
8 diagnosis.
9 (11) (Blank).
10 (12) Make grants with funds appropriated from the Drug
11 Treatment Fund in accordance with Section 7 of the
12 Controlled Substance and Cannabis Nuisance Act, or in
13 accordance with Section 80 of the Methamphetamine Control
14 and Community Protection Act, or in accordance with
15 subsections (h) and (i) of Section 411.2 of the Illinois
16 Controlled Substances Act, or in accordance with Section
17 6z-107 of the State Finance Act.
18 (13) Encourage all health and disability insurance
19 programs to include substance use disorder treatment as a
20 covered service and to use evidence-based best practice
21 criteria as maintained in administrative rule and as
22 required in Public Act 99-0480 in determining the
23 necessity for such services and continued stay.
24 (14) Award grants and enter into fixed-rate and
25 fee-for-service arrangements with any other department,
26 authority or commission of this State, or any other state

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1 or the federal government or with any public or private
2 agency, including the disbursement of funds and furnishing
3 of staff, to effectuate the purposes of this Act.
4 (15) Conduct a public information campaign to inform
5 the State's Hispanic residents regarding the prevention
6 and treatment of substance use disorders.
7 (b) In addition to the powers, duties and functions vested
8in it by this Act, or by other laws of this State, the
9Department may undertake, but shall not be limited to, the
10following activities:
11 (1) Require all organizations licensed or funded by
12 the Department to include an education component to inform
13 participants regarding the causes and means of
14 transmission and methods of reducing the risk of acquiring
15 or transmitting HIV infection and other infectious
16 diseases, and to include funding for such education
17 component in its support of the program.
18 (2) Review all State agency applications for federal
19 funds that include provisions relating to the prevention,
20 early intervention and treatment of substance use
21 disorders in order to ensure consistency.
22 (3) Prepare, publish, evaluate, disseminate and serve
23 as a central repository for educational materials dealing
24 with the nature and effects of substance use disorders.
25 Such materials may deal with the educational needs of the
26 citizens of Illinois, and may include at least pamphlets

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1 that describe the causes and effects of fetal alcohol
2 spectrum disorders.
3 (4) Develop and coordinate, with regional and local
4 agencies, education and training programs for persons
5 engaged in providing services for persons with substance
6 use disorders, which programs may include specific HIV
7 education and training for program personnel.
8 (5) Cooperate with and assist in the development of
9 education, prevention, early intervention, and treatment
10 programs for employees of State and local governments and
11 businesses in the State.
12 (6) Utilize the support and assistance of interested
13 persons in the community, including recovering persons, to
14 assist individuals and communities in understanding the
15 dynamics of substance use disorders, and to encourage
16 individuals with substance use disorders to voluntarily
17 undergo treatment.
18 (7) Promote, conduct, assist or sponsor basic
19 clinical, epidemiological and statistical research into
20 substance use disorders and research into the prevention
21 of those problems either solely or in conjunction with any
22 public or private agency.
23 (8) Cooperate with public and private agencies,
24 organizations and individuals in the development of
25 programs, and to provide technical assistance and
26 consultation services for this purpose.

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1 (9) (Blank).
2 (10) (Blank).
3 (11) Fund, promote, or assist entities dealing with
4 substance use disorders.
5 (12) With monies appropriated from the Group Home Loan
6 Revolving Fund, make loans, directly or through
7 subcontract, to assist in underwriting the costs of
8 housing in which individuals recovering from substance use
9 disorders may reside, pursuant to Section 50-40 of this
10 Act.
11 (13) Promulgate such regulations as may be necessary
12 to carry out the purposes and enforce the provisions of
13 this Act.
14 (14) Provide funding to help parents be effective in
15 preventing substance use disorders by building an
16 awareness of the family's role in preventing substance use
17 disorders through adjusting expectations, developing new
18 skills, and setting positive family goals. The programs
19 shall include, but not be limited to, the following
20 subjects: healthy family communication; establishing rules
21 and limits; how to reduce family conflict; how to build
22 self-esteem, competency, and responsibility in children;
23 how to improve motivation and achievement; effective
24 discipline; problem solving techniques; and how to talk
25 about drugs and alcohol. The programs shall be open to all
26 parents.

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1 (15) Establish an Opioid Remediation Services Capital
2 Investment Grant Program. The Department may, subject to
3 appropriation and approval through the Opioid Overdose
4 Prevention and Recovery Steering Committee, after
5 recommendation by the Illinois Opioid Remediation Advisory
6 Board, and certification by the Office of the Attorney
7 General, make capital improvement grants to units of local
8 government and substance use prevention, treatment, and
9 recovery service providers addressing opioid remediation
10 in the State for approved abatement uses under the
11 Illinois Opioid Allocation Agreement. The Illinois Opioid
12 Remediation State Trust Fund shall be the source of
13 funding for the program. Eligible grant recipients shall
14 be units of local government and substance use prevention,
15 treatment, and recovery service providers that offer
16 facilities and services in a manner that supports and
17 meets the approved uses of the opioid settlement funds.
18 Eligible grant recipients have no entitlement to a grant
19 under this Section. The Department of Human Services may
20 consult with the Capital Development Board, the Department
21 of Commerce and Economic Opportunity, and the Illinois
22 Housing Development Authority to adopt rules to implement
23 this Section and may create a competitive application
24 procedure for grants to be awarded. The rules may specify
25 the manner of applying for grants; grantee eligibility
26 requirements; project eligibility requirements;

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1 restrictions on the use of grant moneys; the manner in
2 which grantees must account for the use of grant moneys;
3 and any other provision that the Department of Human
4 Services determines to be necessary or useful for the
5 administration of this Section. Rules may include a
6 requirement for grantees to provide local matching funds
7 in an amount equal to a specific percentage of the grant.
8 No portion of an opioid remediation services capital
9 investment grant awarded under this Section may be used by
10 a grantee to pay for any ongoing operational costs or
11 outstanding debt. 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 in the management and
15 disbursement of funds for capital-related projects. The
16 Capital Development Board, the Department of Commerce and
17 Economic Opportunity, and the Illinois Housing Development
18 Authority shall act in a consulting role only for the
19 evaluation of applicants, scoring of applicants, or
20 administration of the grant program.
21 (c) There is created within the Department of Human
22Services an Office of Opioid Settlement Administration. The
23Office shall be responsible for implementing and administering
24approved abatement programs as described in Exhibit B of the
25Illinois Opioid Allocation Agreement, effective December 30,
262021. The Office may also implement and administer other

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1opioid-related programs, including but not limited to
2prevention, treatment, and recovery services from other funds
3made available to the Department of Human Services. The
4Secretary of Human Services shall appoint or assign staff as
5necessary to carry out the duties and functions of the Office.
6(Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21;
7102-699, eff. 4-19-22.)
8 Section 5-20. The Department of Central Management
9Services Law of the Civil Administrative Code of Illinois is
10amended by changing Section 405-293 as follows:
11 (20 ILCS 405/405-293)
12 Sec. 405-293. Professional Services.
13 (a) The Department of Central Management Services (the
14"Department") is responsible for providing professional
15services for or on behalf of State agencies for all functions
16transferred to the Department by Executive Order No. 2003-10
17(as modified by Section 5.5 of the Executive Reorganization
18Implementation Act) and may, with the approval of the
19Governor, provide additional services to or on behalf of State
20agencies. To the extent not compensated by direct fund
21transfers, the Department shall be reimbursed from each State
22agency receiving the benefit of these services. The
23reimbursement shall be determined by the Director of Central
24Management Services as the amount required to reimburse the

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1Professional Services Fund for the Department's costs of
2rendering the professional services on behalf of that State
3agency. For purposes of this Section, funds due the Department
4for professional services may be made through appropriations
5to the Department from the General Revenue Fund, as determined
6by and provided for by the General Assembly.
7 (a-5) The Department of Central Management Services may
8provide professional services and other services as authorized
9by subsection (a) for or on behalf of other State entities with
10the approval of both the Director of Central Management
11Services and the appropriate official or governing body of the
12other State entity.
13 (b) For the purposes of this Section, "State agency" means
14each State agency, department, board, and commission directly
15responsible to the Governor. "Professional services" means
16legal services, internal audit services, and other services as
17approved by the Governor. "Other State entity" means the
18Illinois State Board of Education and the Illinois State Toll
19Highway Authority.
20(Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)
21 Section 5-25. The Children and Family Services Act is
22amended by changing Section 25 as follows:
23 (20 ILCS 505/25) (from Ch. 23, par. 5025)
24 Sec. 25. Funds Grants, gifts, or legacies; Putative Father

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1Registry fees.
2 (a) The DCFS Special Purposes Trust Fund is created as a
3trust fund in the State treasury. The Department is authorized
4to accept and deposit into the Fund moneys received from
5grants, gifts, or any other source, public or private, in
6support of the activities authorized by this Act or on behalf
7of any institution or program of the Department. Moneys
8received from federal sources or pursuant to Section 8.27 of
9the State Finance Act or Section 5-9-1.8 of the Unified Code of
10Corrections shall not be deposited into the Fund To accept and
11hold in behalf of the State, if for the public interest, a
12grant, gift or legacy of money or property to the State of
13Illinois, to the Department, or to any institution or program
14of the Department made in trust for the maintenance or support
15of a resident of an institution of the Department, or for any
16other legitimate purpose connected with such institution or
17program. The Department shall cause each gift, grant or legacy
18to be kept as a distinct fund, and shall invest the same in the
19manner provided by the laws of this State as the same now
20exist, or shall hereafter be enacted, relating to securities
21in which the deposit in savings banks may be invested. But the
22Department may, in its discretion, deposit in a proper trust
23company or savings bank, during the continuance of the trust,
24any fund so left in trust for the life of a person, and shall
25adopt rules and regulations governing the deposit, transfer,
26or withdrawal of such fund. The Department shall on the

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1expiration of any trust as provided in any instrument creating
2the same, dispose of the fund thereby created in the manner
3provided in such instrument. The Department shall include in
4its required reports a statement showing what funds are so
5held by it and the condition thereof. Monies found on
6residents at the time of their admission, or accruing to them
7during their period of institutional care, and monies
8deposited with the superintendents by relatives, guardians or
9friends of residents for the special comfort and pleasure of
10such resident, shall remain in the custody of such
11superintendents who shall act as trustees for disbursement to,
12in behalf of, or for the benefit of such resident. All types of
13retirement and pension benefits from private and public
14sources may be paid directly to the superintendent of the
15institution where the person is a resident, for deposit to the
16resident's trust fund account.
17 (b) The Department shall deposit hold all Putative Father
18Registry fees collected under Section 12.1 of the Adoption Act
19into the DCFS Special Purposes Trust Fund in a distinct fund
20for the Department's use in maintaining the Putative Father
21Registry. The Department shall invest the moneys in the fund
22in the same manner as moneys in the funds described in
23subsection (a) and shall include in its required reports a
24statement showing the condition of the fund.
25 (c) The DCFS Federal Projects Fund is created as a federal
26trust fund in the State treasury. Moneys in the DCFS Federal

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1Projects Fund shall be used for the specific purposes
2established by the terms and conditions of the federal grant
3or award and for other authorized expenses in accordance with
4federal requirements.
5(Source: P.A. 94-1010, eff. 10-1-06.)
6 Section 5-30. The Illinois Promotion Act is amended by
7changing Section 3, 4a, and 8a as follows:
8 (20 ILCS 665/3) (from Ch. 127, par. 200-23)
9 Sec. 3. Definitions. The following words and terms,
10whenever used or referred to in this Act, shall have the
11following meanings, except where the context may otherwise
12require:
13 (a) "Department" means the Department of Commerce and
14Economic Opportunity of the State of Illinois.
15 (b) "Local promotion group" means any non-profit
16corporation, organization, association, agency or committee
17thereof formed for the primary purpose of publicizing,
18promoting, advertising or otherwise encouraging the
19development of tourism in any municipality, county, or region
20of Illinois.
21 (c) "Promotional activities" means preparing, planning and
22conducting campaigns of information, advertising and publicity
23through such media as newspapers, radio, television,
24magazines, trade journals, moving and still photography,

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1posters, outdoor signboards and personal contact within and
2without the State of Illinois; dissemination of information,
3advertising, publicity, photographs and other literature and
4material designed to carry out the purpose of this Act; and
5participation in and attendance at meetings and conventions
6concerned primarily with tourism, including travel to and from
7such meetings.
8 (d) "Municipality" means "municipality" as defined in
9Section 1-1-2 of the Illinois Municipal Code, as heretofore
10and hereafter amended.
11 (e) "Tourism" means travel 50 miles or more one-way or an
12overnight trip outside of a person's normal routine.
13 (f) "Municipal amateur sports facility" means a sports
14facility that: (1) is owned by a unit of local government; (2)
15has contiguous indoor sports competition space; (3) is
16designed to principally accommodate and host amateur
17competitions for youths, adults, or both; and (4) is not used
18for professional sporting events where participants are
19compensated for their participation.
20 (g) "Municipal convention center" means a convention
21center or civic center owned by a unit of local government or
22operated by a convention center authority, or a municipal
23convention hall as defined in paragraph (1) of Section 11-65-1
24of the Illinois Municipal Code, with contiguous exhibition
25space ranging between 30,000 and 125,000 square feet.
26 (h) "Convention center authority" means an Authority, as

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1defined by the Civic Center Code, that operates a municipal
2convention center with contiguous exhibition space ranging
3between 30,000 and 125,000 square feet.
4 (i) "Incentive" means: (1) a financial incentive provided
5by a unit of local government, a local promotion group, a
6not-for-profit organization, a for-profit organization, or a
7convention center authority to attract a convention, meeting,
8or trade show held at a municipal convention center that, but
9for the incentive, would not have occurred in the State or been
10retained in the State; or (2) a financial incentive provided
11by a unit of local government, a local promotion group, a
12not-for-profit organization, a for-profit organization, or a
13convention center authority for attracting a sporting event
14held at its municipal amateur sports facility that, but for
15the incentive, would not have occurred in the State or been
16retained in the State; but (3) only a financial incentive
17offered or provided to a person or entity in the form of
18financial benefits or costs which are allowable costs pursuant
19to the Grant Accountability and Transparency Act.
20 (j) "Unit of local government" has the meaning provided in
21Section 1 of Article VII of the Illinois Constitution.
22 (k) "Local parks" means any park, recreation area, or
23other similar facility owned or operated by a unit of local
24government.
25(Source: P.A. 101-10, eff. 6-5-19; 102-287, eff. 8-6-21.)

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1 (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
2 Sec. 4a. Funds.
3 (1) All moneys deposited into in the Tourism Promotion
4Fund pursuant to this subsection are allocated to the
5Department for utilization, as appropriated, in the
6performance of its powers under Section 4; except that during
7fiscal year 2013, the Department shall reserve $9,800,000 of
8the total funds available for appropriation in the Tourism
9Promotion Fund for appropriation to the Historic Preservation
10Agency for the operation of the Abraham Lincoln Presidential
11Library and Museum and State historic sites; and except that
12beginning in fiscal year 2019, moneys in the Tourism Promotion
13Fund may also be allocated to the Illinois Department of
14Agriculture, the Illinois Department of Natural Resources, and
15the Abraham Lincoln Presidential Library and Museum for
16utilization, as appropriated, to administer their
17responsibilities as State agencies promoting tourism in
18Illinois, and for tourism-related purposes.
19 As soon as possible after the first day of each month,
20beginning July 1, 1997 and ending on the effective date of this
21amendatory Act of the 100th General Assembly, upon
22certification of the Department of Revenue, the Comptroller
23shall order transferred and the Treasurer shall transfer from
24the General Revenue Fund to the Tourism Promotion Fund an
25amount equal to 13% of the net revenue realized from the Hotel
26Operators' Occupation Tax Act plus an amount equal to 13% of

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1the net revenue realized from any tax imposed under Section
24.05 of the Chicago World's Fair-1992 Authority Act during the
3preceding month. "Net revenue realized for a month" means the
4revenue collected by the State under that Act during the
5previous month less the amount paid out during that same month
6as refunds to taxpayers for overpayment of liability under
7that Act.
8 (1.1) (Blank).
9 (2) (Blank). As soon as possible after the first day of
10each month, beginning July 1, 1997 and ending on the effective
11date of this amendatory Act of the 100th General Assembly,
12upon certification of the Department of Revenue, the
13Comptroller shall order transferred and the Treasurer shall
14transfer from the General Revenue Fund to the Tourism
15Promotion Fund an amount equal to 8% of the net revenue
16realized from the Hotel Operators' Occupation Tax plus an
17amount equal to 8% of the net revenue realized from any tax
18imposed under Section 4.05 of the Chicago World's Fair-1992
19Authority Act during the preceding month. "Net revenue
20realized for a month" means the revenue collected by the State
21under that Act during the previous month less the amount paid
22out during that same month as refunds to taxpayers for
23overpayment of liability under that Act.
24 All monies deposited in the Tourism Promotion Fund under
25this subsection (2) shall be used solely as provided in this
26subsection to advertise and promote tourism throughout

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1Illinois. Appropriations of monies deposited in the Tourism
2Promotion Fund pursuant to this subsection (2) shall be used
3solely for advertising to promote tourism, including but not
4limited to advertising production and direct advertisement
5costs, but shall not be used to employ any additional staff,
6finance any individual event, or lease, rent or purchase any
7physical facilities. The Department shall coordinate its
8advertising under this subsection (2) with other public and
9private entities in the State engaged in similar promotion
10activities. Print or electronic media production made pursuant
11to this subsection (2) for advertising promotion shall not
12contain or include the physical appearance of or reference to
13the name or position of any public officer. "Public officer"
14means a person who is elected to office pursuant to statute, or
15who is appointed to an office which is established, and the
16qualifications and duties of which are prescribed, by statute,
17to discharge a public duty for the State or any of its
18political subdivisions.
19 (3) (Blank). Notwithstanding anything in this Section to
20the contrary, amounts transferred from the General Revenue
21Fund to the Tourism Promotion Fund pursuant to this Section
22shall not exceed $26,300,000 in State fiscal year 2012.
23 (4) (Blank). As soon as possible after the first day of
24each month, beginning July 1, 2017 and ending June 30, 2018, if
25the amount of revenue deposited into the Tourism Promotion
26Fund under subsection (c) of Section 6 of the Hotel Operators'

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1Occupation Tax Act is less than 21% of the net revenue realized
2from the Hotel Operators' Occupation Tax during the preceding
3month, then, upon certification of the Department of Revenue,
4the State Comptroller shall direct and the State Treasurer
5shall transfer from the General Revenue Fund to the Tourism
6Promotion Fund an amount equal to the difference between 21%
7of the net revenue realized from the Hotel Operators'
8Occupation Tax during the preceding month and the amount of
9revenue deposited into the Tourism Promotion Fund under
10subsection (c) of Section 6 of the Hotel Operators' Occupation
11Tax Act.
12 (5) As soon as possible after the first day of each month,
13beginning July 1, 2018, if the amount of revenue deposited
14into the Tourism Promotion Fund under Section 6 of the Hotel
15Operators' Occupation Tax Act is less than 21% of the net
16revenue realized from the Hotel Operators' Occupation Tax
17during the preceding month, then, upon certification of the
18Department of Revenue, the State Comptroller shall direct and
19the State Treasurer shall transfer from the General Revenue
20Fund to the Tourism Promotion Fund an amount equal to the
21difference between 21% of the net revenue realized from the
22Hotel Operators' Occupation Tax during the preceding month and
23the amount of revenue deposited into the Tourism Promotion
24Fund under Section 6 of the Hotel Operators' Occupation Tax
25Act.
26 (6) In addition to any other transfers that may be

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1provided for by law, on the effective date of this amendatory
2Act of the 103rd General Assembly, or as soon thereafter as
3practical, but no later than June 30, 2023, the State
4Comptroller shall direct and the State Treasurer shall
5transfer from the Tourism Promotion Fund into the designated
6funds the following amounts:
7 International Tourism Fund..............$2,274,267.36
8 Chicago Travel Industry Promotion Fund..$4,396,916.95
9 Local Tourism Fund......................$7,367,503.22
10(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
11 (20 ILCS 665/8a) (from Ch. 127, par. 200-28a)
12 Sec. 8a. Tourism grants and loans.
13 (1) The Department is authorized to make grants and loans,
14subject to appropriations by the General Assembly for this
15purpose from the Tourism Promotion Fund, to counties,
16municipalities, other units of local government, local
17promotion groups, not-for-profit organizations, or for-profit
18businesses for the development or improvement of tourism
19attractions in Illinois. Individual grants and loans shall not
20exceed $1,000,000 and shall not exceed 50% of the entire
21amount of the actual expenditures for the development or
22improvement of a tourist attraction. Agreements for loans made
23by the Department pursuant to this subsection may contain
24provisions regarding term, interest rate, security as may be
25required by the Department and any other provisions the

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1Department may require to protect the State's interest.
2 (2) From appropriations to the Department from the State
3CURE fund for this purpose, the Department shall establish
4Tourism Attraction grants for purposes outlined in subsection
5(1). Grants under this subsection shall not exceed $1,000,000
6but may exceed 50% of the entire amount of the actual
7expenditure for the development or improvement of a tourist
8attraction, including, but not limited to, festivals.
9Expenditures of such funds shall be in accordance with the
10permitted purposes under Section 9901 of the American Rescue
11Plan Act of 2021 and all related federal guidance.
12 (3) Subject to appropriation, the Department is authorized
13to issue competitive grants with initial terms of up to 5 years
14for the purpose of administering an incentive program that
15will attract or retain conventions, meetings, sporting events,
16and trade shows in Illinois with the goal of increasing
17business or leisure travel.
18(Source: P.A. 102-16, eff. 6-17-21; 102-287, eff. 8-6-21;
19102-813, eff. 5-13-22.)
20 Section 5-31. The Department of Human Services Act is
21amended by adding Section 1-85 as follows:
22 (20 ILCS 1305/1-85 new)
23 Sec. 1-85. Home Illinois Program. Subject to
24appropriation, the Department of Human Services shall

10300HB3817sam002- 49 -LRB103 30519 JDS 62533 a
1establish the Home Illinois Program. The Home Illinois Program
2shall focus on preventing and ending homelessness in Illinois
3and may include, but not be limited to, homeless prevention,
4emergency and transitional housing, rapid rehousing, outreach,
5capital investment, and related services and supports for
6individuals at risk or experiencing homelessness. The
7Department may establish program eligibility criteria and
8other program requirements by rule. The Department of Human
9Services may consult with the Capital Development Board, the
10Department of Commerce and Economic Opportunity, and the
11Illinois Housing Development Authority in the management and
12disbursement of funds for capital related projects. The
13Capital Development Board, the Department of Commerce and
14Economic Opportunity, and the Illinois Housing Development
15Authority shall act in a consulting role only for the
16evaluation of applicants, scoring of applicants, or
17administration of the grant program.
18 Section 5-32. The Department of Innovation and Technology
19Act is amended by adding Section 1-16 as follows:
20 (20 ILCS 1370/1-16 new)
21 Sec. 1-16. Personnel. The Governor may, with the advice
22and consent of the Senate, appoint a person within the
23Department to serve as the Deputy Secretary. The Deputy
24Secretary shall receive an annual salary as set by the

10300HB3817sam002- 50 -LRB103 30519 JDS 62533 a
1Governor and shall be paid out of appropriations to the
2Department. The Deputy Secretary shall not be subject to the
3Personnel Code. The duties of the Deputy Secretary shall
4include the coordination of the State's digital modernization
5and other duties as assigned by the Secretary.
6 Section 5-33. The Disabilities Services Act of 2003 is
7amended by changing Sections 51, 52, and 53 as follows:
8 (20 ILCS 2407/51)
9 Sec. 51. Legislative intent. It is the intent of the
10General Assembly to promote the civil rights of persons with
11disabilities by providing community-based service for persons
12with disabilities when such services are determined
13appropriate and desired, as required by Title II of the
14Americans with Disabilities Act under the United States
15Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581
16(1999). In accordance with Section 6071 of the Deficit
17Reduction Act of 2005 (P.L. 109-171), as amended by the
18federal Consolidated Appropriations Act, 2021 (P.L. 116-260),
19the purpose of this Act is (i) to identify and reduce barriers
20or mechanisms, whether in State law, the State Medicaid Plan,
21the State budget, or otherwise, that prevent or restrict the
22flexible use of public funds to enable individuals with
23disabilities to receive support for appropriate and necessary
24long-term care services in settings of their choice; (ii) to

10300HB3817sam002- 51 -LRB103 30519 JDS 62533 a
1increase the use of home and community-based long-term care
2services, rather than institutions or long-term care
3facilities; (iii) to increase the ability of the State
4Medicaid program to assure continued provision of home and
5community-based long-term care services to eligible
6individuals who choose to transition from an institution or a
7long-term care facility to a community setting; and (iv) to
8ensure that procedures are in place that are at least
9comparable to those required under the qualified home and
10community-based program to provide quality assurance for
11eligible individuals receiving Medicaid home and
12community-based long-term care services and to provide for
13continuous quality improvement in such services. Utilizing the
14framework created by the "Money Follows the Person"
15demonstration project, approval received by the State on May
1614, 2007, and any subsequently enacted "Money Follows the
17Person" demonstration project or initiative terms and
18conditions, the purpose of this Act is to codify and reinforce
19the State's commitment to promote individual choice and
20control and increase utilization of home and community-based
21services through:
22 (a) Increased ability of the State Medicaid program to
23 ensure continued provision of home and community-based
24 long-term care services to eligible individuals who choose
25 to transition from an institution to a community setting.
26 (b) Assessment and removal of barriers to community

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1 reintegration, including development of a comprehensive
2 housing strategy.
3 (c) Expand availability of consumer self-directed
4 service options.
5 (d) Increased use of home and community-based
6 long-term care services, rather than institutions or
7 long-term care facilities, such that the percentage of the
8 State long-term care budget expended for community-based
9 services increases from its current 28.5% to at least 37%
10 in the next 5 years.
11 (e) Creation and implementation of interagency
12 agreements or budgetary mechanisms to allow for the
13 flexible movement of allocated dollars from institutional
14 budget appropriations to appropriations supporting home
15 and community-based services or Medicaid State Plan
16 options.
17 (f) Creation of an equitable, clinically sound and
18 cost-effective system for identification and review of
19 community transition candidates across all long-term care
20 systems; including improvement of prescreening, assessment
21 for rapid reintegration and targeted review of longer stay
22 residents, training and outreach education for providers
23 and consumers on community alternatives across all
24 long-term care systems.
25 (g) Development and implementation of data and
26 information systems to track individuals across service

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1 systems and funding streams; support responsive
2 eligibility determination; facilitate placement and care
3 decisions; identify individuals with potential for
4 transition; and drive planning for the development of
5 community-based alternatives.
6 (h) Establishment of procedures that are at least
7 comparable to those required under the qualified home and
8 community-based program to provide quality assurance for
9 eligible individuals receiving Medicaid home and
10 community-based long-term care services and to provide for
11 continuous quality improvement in such services.
12 (i) Nothing in this amendatory Act of the 95th General
13 Assembly shall diminish or restrict the choice of an
14 individual to reside in an institution or the quality of
15 care they receive.
16(Source: P.A. 95-438, eff. 1-1-08.)
17 (20 ILCS 2407/52)
18 Sec. 52. Applicability; definitions. In accordance with
19Section 6071 of the Deficit Reduction Act of 2005 (P.L.
20109-171), as used in this Article:
21 "Departments". The term "Departments" means for the
22purposes of this Act, the Department of Human Services, the
23Department on Aging, Department of Healthcare and Family
24Services and Department of Public Health, unless otherwise
25noted.

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1 "Home and community-based long-term care services". The
2term "home and community-based long-term care services" means,
3with respect to the State Medicaid program, a service aid, or
4benefit, home and community-based services, including, but not
5limited to, home health and personal care services, that are
6provided to a person with a disability, and are voluntarily
7accepted, as part of his or her long-term care that: (i) is
8provided under the State's qualified home and community-based
9program or that could be provided under such a program but is
10otherwise provided under the Medicaid program; (ii) is
11delivered in a qualified residence; and (iii) is necessary for
12the person with a disability to live in the community.
13 "ID/DD community care facility". The term "ID/DD community
14care facility", for the purposes of this Article, means a
15skilled nursing or intermediate long-term care facility
16subject to licensure by the Department of Public Health under
17the ID/DD Community Care Act or the MC/DD Act, an intermediate
18care facility for persons with developmental disabilities
19(ICF-DDs), and a State-operated developmental center or mental
20health center, whether publicly or privately owned.
21 "Money Follows the Person" Demonstration. Enacted by the
22Deficit Reduction Act of 2005, as amended by the federal
23Consolidated Appropriations Act, 2021 (P.L. 116-260), the
24Money Follows the Person (MFP) Rebalancing Demonstration is
25part of a comprehensive, coordinated strategy to assist
26states, in collaboration with stakeholders, to make widespread

10300HB3817sam002- 55 -LRB103 30519 JDS 62533 a
1changes to their long-term care support systems. This
2initiative will assist states in their efforts to reduce their
3reliance on institutional care while developing
4community-based long-term care opportunities, enabling the
5elderly and people with disabilities to fully participate in
6their communities.
7 "Public funds" mean any funds appropriated by the General
8Assembly to the Departments of Human Services, on Aging, of
9Healthcare and Family Services and of Public Health for
10settings and services as defined in this Article.
11 "Qualified residence". The term "qualified residence"
12means, with respect to an eligible individual: (i) a home
13owned or leased by the individual or the individual's
14authorized representative (as defined by P.L. 109-171); (ii)
15an apartment with an individual lease, with lockable access
16and egress, and which includes living, sleeping, bathing, and
17cooking areas over which the individual or the individual's
18family has domain and control; or (iii) a residence, in a
19community-based residential setting, in which no more than 4
20unrelated individuals reside. Where qualified residences are
21not sufficient to meet the demand of eligible individuals,
22time-limited exceptions to this definition may be developed
23through administrative rule.
24 "Self-directed services". The term "self-directed
25services" means, with respect to home and community-based
26long-term services for an eligible individual, those services

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1for the individual that are planned and purchased under the
2direction and control of the individual or the individual's
3authorized representative, including the amount, duration,
4scope, provider, and location of such services, under the
5State Medicaid program consistent with the following
6requirements:
7 (a) Assessment: there is an assessment of the needs,
8 capabilities, and preference of the individual with
9 respect to such services.
10 (b) Individual service care or treatment plan: based
11 on the assessment, there is development jointly with such
12 individual or individual's authorized representative, a
13 plan for such services for the individual that (i)
14 specifies those services, if any, that the individual or
15 the individual's authorized representative would be
16 responsible for directing; (ii) identifies the methods by
17 which the individual or the individual's authorized
18 representative or an agency designated by an individual or
19 representative will select, manage, and dismiss providers
20 of such services.
21(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
2299-642, eff. 7-28-16.)
23 (20 ILCS 2407/53)
24 Sec. 53. Rebalancing benchmarks.
25 (a) Illinois' long-term care system is in a state of

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1transformation, as evidenced by the creation and subsequent
2work products of the Disability Services Advisory Committee,
3Older Adult Services Advisory Committee, Housing Task Force
4and other executive and legislative branch initiatives.
5 (b) Illinois' Money Follows the Person demonstrations or
6initiatives capitalize demonstration approval capitalizes on
7this progress and commit commits the State to transition
8approximately 3,357 older persons and persons with
9developmental, physical, or psychiatric disabilities from
10institutional to home and community-based settings, as
11appropriate resulting in an increased percentage of long-term
12care community spending over the next 5 years.
13 (c) (Blank). The State will endeavor to increase the
14percentage of community-based long-term care spending over the
15next 5 years according to the following timeline:
16 Estimated baseline: 28.5%
17 Year 1: 30%
18 Year 2: 31%
19 Year 3: 32%
20 Year 4: 35%
21 Year 5: 37%
22 (d) The Departments will utilize interagency agreements
23and will seek legislative authority to implement a Money
24Follows the Person budgetary mechanism to allocate or
25reallocate funds for the purpose of expanding the
26availability, quality or stability of home and community-based

10300HB3817sam002- 58 -LRB103 30519 JDS 62533 a
1long-term care services and supports for persons with
2disabilities.
3 (e) The allocation of public funds for home and
4community-based long-term care services shall not have the
5effect of: (i) diminishing or reducing the quality of services
6available to residents of long-term care facilities; (ii)
7forcing any residents of long-term care facilities to
8involuntarily accept home and community-based long-term care
9services, or causing any residents of long-term care
10facilities to be involuntarily transferred or discharged;
11(iii) causing reductions in long-term care facility
12reimbursement rates in effect as of July 1, 2008; or (iv)
13diminishing access to a full array of long-term care options.
14(Source: P.A. 95-438, eff. 1-1-08.)
15 Section 5-35. The Illinois State Police Law of the Civil
16Administrative Code of Illinois is amended by changing Section
172605-407 as follows:
18 (20 ILCS 2605/2605-407)
19 Sec. 2605-407. Illinois State Police Federal Projects
20Fund.
21 (a) The Illinois State Police Federal Projects Fund is
22established as a federal trust fund in the State treasury.
23This federal Trust Fund is established to receive funds
24awarded to the Illinois State Police from the following: (i)

10300HB3817sam002- 59 -LRB103 30519 JDS 62533 a
1all federal departments and agencies for the specific purposes
2established by the terms and conditions of the federal awards
3and (ii) federal pass-through grants from State departments
4and agencies for the specific purposes established by the
5terms and conditions of the grant agreements. Any interest
6earnings that are attributable to moneys in the federal trust
7fund must be deposited into the Fund.
8 (b) In addition to any other transfers that may be
9provided for by law, on July 1, 2023, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $2,000,000 from the State
12Police Services Fund to the Illinois State Police Federal
13Projects Fund.
14(Source: P.A. 102-538, eff. 8-20-21.)
15 Section 5-40. The State Fire Marshal Act is amended by
16adding Section 2.8 as follows:
17 (20 ILCS 2905/2.8 new)
18 Sec. 2.8. Fire Station Rehabilitation and Construction
19Grant Program. The Office shall establish and administer a
20Fire Station Rehabilitation and Construction Grant Program to
21award grants to units of local government for the
22rehabilitation or construction of fire stations. The Office
23shall adopt any rules necessary for the implementation and
24administration of this Section.

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1 Section 5-45. The Governor's Office of Management and
2Budget Act is amended by adding Section 2.13 as follows:
3 (20 ILCS 3005/2.13 new)
4 Sec. 2.13. Appropriations; Railsplitter Tobacco Settlement
5Authority Bonds. Subject to appropriation, the Office may make
6payments from the Tobacco Settlement Recovery Fund to the
7trustee of those bonds issued by the Railsplitter Tobacco
8Settlement Authority with which the Authority has executed a
9bond indenture pursuant to the terms of the Railsplitter
10Tobacco Settlement Authority Act for the purpose of defeasing
11outstanding bonds of the Authority.
12 Section 5-47. The Illinois Emergency Management Agency Act
13is amended by adding Section 17.8 as follows:
14 (20 ILCS 3305/17.8 new)
15 Sec. 17.8. IEMA State Projects Fund. The IEMA State
16Projects Fund is created as a trust fund in the State treasury.
17The Fund shall consist of any moneys appropriated to the
18Agency for purposes of the Illinois' Not-For-Profit Security
19Grant Program, a grant program authorized by subsection (g-5)
20of Section 5 of this Act, to provide funding support for target
21hardening activities and other physical security enhancements
22for qualifying not-for-profit organizations that are at high

10300HB3817sam002- 61 -LRB103 30519 JDS 62533 a
1risk of terrorist attack. The Agency is authorized to use
2moneys appropriated from the Fund to make grants to
3not-for-profit organizations for target hardening activities,
4security personnel, and physical security enhancements and for
5the payment of administrative expenses associated with the
6Not-For-Profit Security Grant Program. As used in this
7Section, "target hardening activities" include, but are not
8limited to, the purchase and installation of security
9equipment on real property owned or leased by the
10not-for-profit organization. Grants, gifts, and moneys from
11any other source, public or private, may also be deposited
12into the Fund and used for the purposes authorized by this Act.
13 Section 5-50. The State Finance Act is amended by changing
14Sections 5.62, 5.366, 5.581, 5.765, 5.857, 6, 6z-27, 6z-32,
156z-35, 6z-43, 6z-100, 6z-121, 6z-126, 8.3, 8.12, 8g-1, 13.2,
16and 25 and by adding Sections 5.990, 5e-1, and 5h.6 as follows:
17 (30 ILCS 105/5.62) (from Ch. 127, par. 141.62)
18 Sec. 5.62. The Working Capital Revolving Fund. This
19Section is repealed on January 1, 2024.
20(Source: Laws 1919, p. 946.)
21 (30 ILCS 105/5.366)
22 Sec. 5.366. The Live and Learn Fund. This Section is
23repealed on January 1, 2024.

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1(Source: P.A. 88-78; 88-670, eff. 12-2-94.)
2 (30 ILCS 105/5.581)
3 Sec. 5.581. The Professional Sports Teams Education Fund.
4This Section is repealed on January 1, 2024.
5(Source: P.A. 95-331, eff. 8-21-07.)
6 (30 ILCS 105/5.765)
7 Sec. 5.765. The Soil and Water Conservation District Fund.
8This Section is repealed on January 1, 2024.
9(Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11.)
10 (30 ILCS 105/5.857)
11 (Section scheduled to be repealed on July 1, 2023)
12 Sec. 5.857. The Capital Development Board Revolving Fund.
13This Section is repealed July 1, 2025 2023.
14(Source: P.A. 101-10, eff. 6-5-19; 101-645, eff. 6-26-20;
15102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
16 (30 ILCS 105/5.990 new)
17 Sec. 5.990. The Imagination Library of Illinois Fund.
18 (30 ILCS 105/5e-1 new)
19 Sec. 5e-1. Transfers from Road Fund. In addition to any
20other transfers that may be provided for by law, on July 1,
212023, or as soon thereafter as practical, the State

10300HB3817sam002- 63 -LRB103 30519 JDS 62533 a
1Comptroller shall direct and the State Treasurer shall
2transfer the sum of $10,000,000 from the Road Fund to the
3Federal Mass Transit Trust Fund. This Section is repealed on
4January 1, 2025.
5 (30 ILCS 105/5h.6 new)
6 Sec. 5h.6. Cash flow borrowing and health insurance funds
7liquidity.
8 (a) To meet cash flow deficits and to maintain liquidity
9in the Community College Health Insurance Security Fund, the
10State Treasurer and the State Comptroller, as directed by the
11Governor, shall make transfers, on and after July 1, 2023 and
12through June 30, 2024, to the Community College Health
13Insurance Security Fund out of the Health Insurance Reserve
14Fund, to the extent allowed by federal law.
15 The outstanding total transfers made from the Health
16Insurance Reserve Fund to the Community College Health
17Insurance Security Fund under this Section shall, at no time,
18exceed $50,000,000. Once the amount of $50,000,000 has been
19transferred from the Health Insurance Reserve Fund to the
20Community College Health Insurance Security Fund, additional
21transfers may be made from the Health Insurance Reserve Fund
22to the Community College Health Insurance Security Fund under
23this Section only to the extent that moneys have first been
24retransferred from the Community College Health Insurance
25Security Fund to the Health Insurance Reserve Fund.

10300HB3817sam002- 64 -LRB103 30519 JDS 62533 a
1 (b) If moneys have been transferred to the Community
2College Health Insurance Security Fund pursuant to subsection
3(a) of this Section, this amendatory Act of the 103rd General
4Assembly shall constitute the continuing authority for and
5direction to the State Treasurer and State Comptroller to
6reimburse the Health Insurance Reserve Fund from the Community
7College Health Insurance Security Fund by transferring to the
8Health Insurance Reserve Fund, at such times and in such
9amounts as directed by the Comptroller when necessary to
10support appropriated expenditures from the Health Insurance
11Reserve Fund, an amount equal to that transferred from the
12Health Insurance Reserve Fund, except that any moneys
13transferred pursuant to subsection (a) of this Section shall
14be repaid to the fund of origin within 108 months after the
15date on which they were borrowed. The continuing authority for
16reimbursement provided for in this subsection (b) shall expire
1796 months after the date of the last transfer made pursuant to
18subsection (a) of this Section, or June 30, 2032, whichever is
19sooner.
20 (c) Beginning July 31, 2024, and every July 31 thereafter
21until all moneys borrowed pursuant to this Section have been
22repaid, the Comptroller shall annually report on every
23transfer made pursuant to this Section. The report shall
24identify the amount of each transfer, including the date and
25the end-of-day balance of the Health Insurance Reserve Fund
26and the Community College Health Insurance Security Fund on

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1the date each transfer was made, and the status of all funds
2transferred under this Section for the previous fiscal year.
3All reports under this Section shall be provided in an
4electronic format to the Commission on Government Forecasting
5and Accountability and to the Governor's Office of Management
6and Budget.
7 (30 ILCS 105/6) (from Ch. 127, par. 142)
8 Sec. 6. The gross or total proceeds, receipts and income
9of all lands leased by the Department of Corrections and of all
10industrial operations at the several State institutions and
11divisions under the direction and supervision of the
12Department of Corrections shall be covered into the State
13treasury into a state trust fund to be known as the "The
14Working Capital Revolving Fund". "Industrial operations", as
15herein used, means and includes the operation of those State
16institutions producing, by the use of materials, supplies and
17labor, goods, or wares or merchandise to be sold. On July 1,
182023, or as soon thereafter as practical, the State
19Comptroller shall direct and the State Treasurer shall
20transfer the remaining balance from the Working Capital
21Revolving Fund into the General Revenue Fund. Upon completion
22of the transfer, the Working Capital Revolving Fund is
23dissolved, and any future deposits due to that Fund and any
24outstanding obligations or liabilities of that Fund shall pass
25to the General Revenue Fund.

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1(Source: P.A. 90-372, eff. 7-1-98.)
2 (30 ILCS 105/6z-27)
3 Sec. 6z-27. All moneys in the Audit Expense Fund shall be
4transferred, appropriated and used only for the purposes
5authorized by, and subject to the limitations and conditions
6prescribed by, the Illinois State Auditing Act.
7 Within 30 days after July 1, 2023 2022, or as soon
8thereafter as practical, the State Comptroller shall order
9transferred and the State Treasurer shall transfer from the
10following funds moneys in the specified amounts for deposit
11into the Audit Expense Fund:
12African-American HIV/AIDS Response Fund................$1,421
13Agricultural Premium Fund............................$122,719
14Alzheimer's Awareness Fund.............................$1,499
15Alzheimer's Disease Research, Care, and Support Fund.....$662
16Amusement Ride and Patron Safety Fund..................$6,315
17Assisted Living and Shared Housing Regulatory Fund.....$2,564
18Capital Development Board Revolving Fund..............$15,118
19Care Provider Fund for Persons with a Developmental
20 Disability........................................$15,392
21Carolyn Adams Ticket For The Cure Grant Fund.............$927
22CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial
23 Driver's License Information
24 System/American Association of
25 Motor Vehicle Administrators

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1 network/National Motor Vehicle
2 Title Information Service Trust Fund)..............$5,236
3Chicago Police Memorial Foundation Fund..................$708
4Chicago State University Education Improvement Fund...$13,666
5Child Labor and Day and Temporary Labor
6 Services Enforcement Fund.........................$11,991
7Child Support Administrative Fund......................$5,287
8Clean Air Act Permit Fund..............................$1,556
9Coal Technology Development Assistance Fund............$6,936
10Common School Fund...................................$343,892
11Community Mental Health Medicaid Trust Fund...........$14,084
12Corporate Franchise Tax Refund Fund....................$1,096
13DCFS Children's Services Fund..........................$8,766
14Death Certificate Surcharge Fund.......................$2,060
15Death Penalty Abolition Fund...........................$2,448
16Department of Business Services Special
17 Operations Fund...................................$13,889
18Department of Human Services Community Services Fund...$7,970
19Downstate Public Transportation Fund..................$11,631
20Dram Shop Fund.......................................$142,500
21Driver Services Administration Fund....................$1,873
22Drug Rebate Fund......................................$42,473
23Drug Treatment Fund....................................$1,767
24Education Assistance Fund..........................$2,031,292
25Emergency Public Health Fund...........................$5,162
26Environmental Protection Permit and Inspection Fund....$1,447

10300HB3817sam002- 68 -LRB103 30519 JDS 62533 a
1Estate Tax Refund Fund...................................$852
2Facilities Management Revolving Fund..................$50,148
3Facility Licensing Fund................................$5,522
4Fair and Exposition Fund...............................$4,248
5Feed Control Fund......................................$7,709
6Fertilizer Control Fund................................$6,849
7Fire Prevention Fund...................................$3,859
8Fund for the Advancement of Education.................$24,772
9General Assembly Operations Revolving Fund.............$1,146
10General Professions Dedicated Fund.....................$4,039
11General Revenue Fund..............................$17,653,153
12Governor's Administrative Fund.........................$2,832
13Governor's Grant Fund.................................$17,709
14Grade Crossing Protection Fund...........................$930
15Grant Accountability and Transparency Fund...............$805
16Guardianship and Advocacy Fund........................$14,843
17Hazardous Waste Fund.....................................$835
18Health Facility Plan Review Fund.......................$1,776
19Health and Human Services Medicaid Trust Fund..........$6,554
20Healthcare Provider Relief Fund......................$407,107
21Healthy Smiles Fund......................................$738
22Home Care Services Agency Licensure Fund...............$3,101
23Hospital Licensure Fund................................$1,688
24Hospital Provider Fund...............................$138,829
25ICCB Federal Trust Fund................................$9,968
26ICJIA Violence Prevention Fund...........................$932

10300HB3817sam002- 69 -LRB103 30519 JDS 62533 a
1Illinois Affordable Housing Trust Fund................$17,236
2Illinois Clean Water Fund..............................$2,152
3Illinois Health Facilities Planning Fund...............$3,094
4IMSA Income Fund......................................$12,417
5Illinois Power Agency Operations Fund.................$62,583
6Illinois School Asbestos Abatement Fund..................$784
7Illinois State Fair Fund..............................$29,752
8Illinois State Police Memorial Park Fund.................$681
9Illinois Telecommunications Access Corporation Fund....$1,668
10Illinois Underground Utility Facilities
11 Damage Prevention Fund.............................$4,276
12Illinois Veterans' Rehabilitation Fund.................$5,943
13Illinois Workers' Compensation Commission
14 Operations Fund..................................$243,187
15Income Tax Refund Fund................................$54,420
16Lead Poisoning Screening, Prevention, and
17 Abatement Fund....................................$16,379
18Live and Learn Fund...................................$25,492
19Lobbyist Registration Administration Fund..............$1,471
20Local Government Distributive Fund....................$44,025
21Long Term Care Monitor/Receiver Fund..................$42,016
22Long-Term Care Provider Fund..........................$13,537
23Low-Level Radioactive Waste Facility Development
24 and Operation Fund...................................$618
25Mandatory Arbitration Fund.............................$2,104
26Medical Special Purposes Trust Fund......................$786

10300HB3817sam002- 70 -LRB103 30519 JDS 62533 a
1Mental Health Fund.....................................$9,376
2Mental Health Reporting Fund...........................$1,443
3Metabolic Screening and Treatment Fund................$32,049
4Monitoring Device Driving Permit Administration
5 Fee Fund...........................................$1,616
6Motor Fuel Tax Fund...................................$36,238
7Motor Vehicle License Plate Fund......................$17,694
8Multiple Sclerosis Research Fund.........................$758
9Nuclear Safety Emergency Preparedness Fund............$26,117
10Nursing Dedicated and Professional Fund................$2,420
11Open Space Lands Acquisition and Development Fund........$658
12Partners For Conservation Fund........................$89,847
13Pension Stabilization Fund.............................$1,031
14Personal Property Tax Replacement Fund...............$290,755
15Pesticide Control Fund................................$30,513
16Plumbing Licensure and Program Fund....................$6,276
17Police Memorial Committee Fund...........................$813
18Professional Services Fund............................$72,029
19Public Health Laboratory Services Revolving Fund.......$5,816
20Public Transportation Fund............................$46,826
21Public Utility Fund..................................$198,423
22Radiation Protection Fund.............................$11,034
23Renewable Energy Resources Trust Fund..................$7,834
24Road Fund............................................$226,150
25Regional Transportation Authority Occupation
26 and Use Tax Replacement Fund.......................$1,167

10300HB3817sam002- 71 -LRB103 30519 JDS 62533 a
1School Infrastructure Fund.............................$7,749
2Secretary of State DUI Administration Fund.............$2,694
3Secretary of State Identification Security
4 and Theft Prevention Fund.........................$12,676
5Secretary of State Police Services Fund..................$717
6Secretary of State Special License Plate Fund..........$4,203
7Secretary of State Special Services Fund..............$34,491
8Securities Audit and Enforcement Fund..................$8,198
9Solid Waste Management Fund............................$1,613
10Special Olympics Illinois and Special
11 Children's Charities Fund............................$852
12Special Education Medicaid Matching Fund...............$5,131
13Sports Wagering Fund...................................$4,450
14State and Local Sales Tax Reform Fund..................$2,361
15State Construction Account Fund.......................$37,865
16State Gaming Fund.....................................$94,435
17State Garage Revolving Fund............................$8,977
18State Lottery Fund...................................$340,323
19State Pensions Fund..................................$500,000
20State Treasurer's Bank Services Trust Fund.............$1,295
21Supreme Court Special Purposes Fund....................$1,722
22Tattoo and Body Piercing Establishment
23 Registration Fund....................................$950
24Tax Compliance and Administration Fund.................$1,483
25Technology Management Revolving Fund.................$186,193
26Tobacco Settlement Recovery Fund......................$29,864

10300HB3817sam002- 72 -LRB103 30519 JDS 62533 a
1Tourism Promotion Fund................................$50,155
2Transportation Regulatory Fund........................$78,256
3Trauma Center Fund.....................................$1,960
4Underground Storage Tank Fund..........................$3,630
5University of Illinois Hospital Services Fund..........$6,712
6Vehicle Hijacking and Motor Vehicle
7 Theft Prevention and Insurance
8 Verification Trust Fund...........................$10,970
9Vehicle Inspection Fund................................$5,069
10Weights and Measures Fund.............................$22,129
11Youth Alcoholism and Substance Abuse Prevention Fund.....$526
12Attorney General Court Ordered and Voluntary Compliance
13 Payment Projects Fund.............................$38,974
14Attorney General Sex Offender Awareness,
15 Training, and Education Fund.........................$539
16Aggregate Operations Regulatory Fund.....................$711
17Agricultural Premium Fund.............................$25,265
18Attorney General's State Projects and Court
19 Ordered Distribution Fund.........................$43,667
20Anna Veterans Home Fund...............................$15,792
21Appraisal Administration Fund..........................$4,017
22Attorney General Whistleblower Reward
23 and Protection Fund...............................$22,896
24Bank and Trust Company Fund...........................$78,017
25Cannabis Expungement Fund..............................$4,501
26Capital Development Board Revolving Fund...............$2,494

10300HB3817sam002- 73 -LRB103 30519 JDS 62533 a
1Care Provider Fund for Persons with
2 a Developmental Disability.........................$5,707
3CDLIS/AAMVAnet/NMVTIS Trust Fund.......................$1,702
4Cemetery Oversight Licensing and Disciplinary Fund.....$5,002
5Chicago State University Education
6 Improvement Fund..................................$16,218
7Child Support Administrative Fund......................$2,657
8Clean Air Act Permit Fund.............................$10,108
9Coal Technology Development Assistance Fund...........$12,943
10Commitment to Human Services Fund....................$111,465
11Common School Fund...................................$445,997
12Community Mental Health Medicaid Trust Fund............$9,599
13Community Water Supply Laboratory Fund...................$637
14Credit Union Fund.....................................$16,048
15DCFS Children's Services Fund........................$287,247
16Department of Business Services
17 Special Operations Fund............................$4,402
18Department of Corrections Reimbursement
19 and Education Fund................................$60,429
20Design Professionals Administration
21 and Investigation Fund.............................$3,362
22Department of Human Services Community Services Fund...$5,239
23Downstate Public Transportation Fund..................$30,625
24Driver Services Administration Fund......................$639
25Drivers Education Fund.................................$1,202
26Drug Rebate Fund......................................$22,702

10300HB3817sam002- 74 -LRB103 30519 JDS 62533 a
1Drug Treatment Fund......................................$571
2Drycleaner Environmental Response Trust Fund.............$846
3Education Assistance Fund..........................$1,969,661
4Environmental Protection Permit and
5 Inspection Fund....................................$7,079
6Facilities Management Revolving Fund..................$16,163
7Federal High Speed Rail Trust Fund.....................$1,264
8Federal Workforce Training Fund.......................$91,791
9Feed Control Fund......................................$1,701
10Fertilizer Control Fund................................$1,791
11Fire Prevention Fund...................................$3,507
12Firearm Dealer License Certification Fund................$648
13Fund for the Advancement of Education.................$44,609
14General Professions Dedicated Fund....................$31,353
15General Revenue Fund..............................$17,663,958
16Grade Crossing Protection Fund.........................$1,856
17Hazardous Waste Fund...................................$8,446
18Health and Human Services Medicaid Trust Fund..........$6,134
19Healthcare Provider Relief Fund......................$185,164
20Horse Racing Fund....................................$169,632
21Hospital Provider Fund................................$63,346
22ICCB Federal Trust Fund..............................$10,805
23Illinois Affordable Housing Trust Fund.................$5,414
24Illinois Charity Bureau Fund...........................$3,298
25Illinois Clean Water Fund.............................$11,951
26Illinois Forestry Development Fund....................$11,004

10300HB3817sam002- 75 -LRB103 30519 JDS 62533 a
1Illinois Gaming Law Enforcement Fund...................$1,869
2IMSA Income Fund.......................................$2,188
3Illinois Military Family Relief Fund...................$6,986
4Illinois Power Agency Operations Fund.................$41,229
5Illinois State Dental Disciplinary Fund................$6,127
6Illinois State Fair Fund.................................$660
7Illinois State Medical Disciplinary Fund..............$23,384
8Illinois State Pharmacy Disciplinary Fund.............$10,308
9Illinois Veterans Assistance Fund......................$2,016
10Illinois Veterans' Rehabilitation Fund...................$862
11Illinois Wildlife Preservation Fund....................$1,742
12Illinois Workers' Compensation Commission
13 Operations Fund....................................$4,476
14Income Tax Refund Fund...............................$239,691
15Insurance Financial Regulation Fund..................$104,462
16Insurance Premium Tax Refund Fund.....................$23,121
17Insurance Producer Administration Fund...............$104,566
18International Tourism Fund.............................$1,985
19LaSalle Veterans Home Fund............................$46,145
20LEADS Maintenance Fund...................................$681
21Live and Learn Fund....................................$8,120
22Local Government Distributive Fund...................$154,289
23Long-Term Care Provider Fund...........................$6,468
24Manteno Veterans Home Fund............................$93,493
25Mental Health Fund....................................$12,227
26Mental Health Reporting Fund.............................$611

10300HB3817sam002- 76 -LRB103 30519 JDS 62533 a
1Monitoring Device Driving Permit
2 Administration Fee Fund..............................$617
3Motor Carrier Safety Inspection Fund...................$1,823
4Motor Fuel Tax Fund..................................$103,497
5Motor Vehicle License Plate Fund.......................$5,656
6Motor Vehicle Theft Prevention and Insurance
7 Verification Trust Fund............................$2,618
8Nursing Dedicated and Professional Fund...............$11,973
9Off-Highway Vehicle Trails Fund........................$1,994
10Open Space Lands Acquisition and Development Fund.....$45,493
11Optometric Licensing and Disciplinary Board Fund.......$1,169
12Partners For Conservation Fund........................$19,950
13Pawnbroker Regulation Fund.............................$1,053
14Personal Property Tax Replacement Fund...............$203,036
15Pesticide Control Fund.................................$6,845
16Professional Services Fund.............................$2,778
17Professions Indirect Cost Fund.......................$172,106
18Public Pension Regulation Fund.........................$6,919
19Public Transportation Fund............................$77,303
20Quincy Veterans Home Fund.............................$91,704
21Real Estate License Administration Fund...............$33,329
22Registered Certified Public Accountants'
23 Administration and Disciplinary Fund...............$3,617
24Renewable Energy Resources Trust Fund..................$1,591
25Rental Housing Support Program Fund....................$1,539
26Residential Finance Regulatory Fund...................$20,510

10300HB3817sam002- 77 -LRB103 30519 JDS 62533 a
1Road Fund............................................$399,062
2Regional Transportation Authority Occupation and
3 Use Tax Replacement Fund...........................$5,205
4Salmon Fund..............................................$655
5School Infrastructure Fund............................$14,015
6Secretary of State DUI Administration Fund.............$1,025
7Secretary of State Identification Security
8 and Theft Prevention Fund..........................$4,502
9Secretary of State Special License Plate Fund..........$1,384
10Secretary of State Special Services Fund...............$8,114
11Securities Audit and Enforcement Fund..................$2,824
12State Small Business Credit Initiative Fund............$4,331
13Solid Waste Management Fund...........................$10,397
14Special Education Medicaid Matching Fund...............$2,924
15Sports Wagering Fund...................................$8,572
16State Police Law Enforcement Administration Fund.......$6,822
17State and Local Sales Tax Reform Fund.................$10,355
18State Asset Forfeiture Fund............................$1,740
19State Aviation Program Fund..............................$557
20State Construction Account Fund......................$195,722
21State Crime Laboratory Fund............................$7,743
22State Gaming Fund....................................$204,660
23State Garage Revolving Fund............................$3,731
24State Lottery Fund...................................$129,814
25State Offender DNA Identification System Fund..........$1,405
26State Pensions Fund..................................$500,000

10300HB3817sam002- 78 -LRB103 30519 JDS 62533 a
1State Police Firearm Services Fund....................$16,122
2State Police Services Fund............................$21,151
3State Police Vehicle Fund..............................$3,013
4State Police Whistleblower Reward
5 and Protection Fund................................$2,452
6Subtitle D Management Fund.............................$1,431
7Supplemental Low-Income Energy Assistance Fund........$68,591
8Tax Compliance and Administration Fund.................$5,259
9Technology Management Revolving Fund.................$244,294
10Tobacco Settlement Recovery Fund.......................$4,653
11Tourism Promotion Fund................................$35,322
12Traffic and Criminal Conviction Surcharge Fund.......$136,332
13Underground Storage Tank Fund.........................$20,429
14University of Illinois Hospital Services Fund..........$3,664
15Vehicle Inspection Fund...............................$11,203
16Violent Crime Victims Assistance Fund.................$14,202
17Weights and Measures Fund..............................$6,127
18Working Capital Revolving Fund........................$18,120
19 Notwithstanding any provision of the law to the contrary,
20the General Assembly hereby authorizes the use of such funds
21for the purposes set forth in this Section.
22 These provisions do not apply to funds classified by the
23Comptroller as federal trust funds or State trust funds. The
24Audit Expense Fund may receive transfers from those trust
25funds only as directed herein, except where prohibited by the
26terms of the trust fund agreement. The Auditor General shall

10300HB3817sam002- 79 -LRB103 30519 JDS 62533 a
1notify the trustees of those funds of the estimated cost of the
2audit to be incurred under the Illinois State Auditing Act for
3the fund. The trustees of those funds shall direct the State
4Comptroller and Treasurer to transfer the estimated amount to
5the Audit Expense Fund.
6 The Auditor General may bill entities that are not subject
7to the above transfer provisions, including private entities,
8related organizations and entities whose funds are
9locally-held, for the cost of audits, studies, and
10investigations incurred on their behalf. Any revenues received
11under this provision shall be deposited into the Audit Expense
12Fund.
13 In the event that moneys on deposit in any fund are
14unavailable, by reason of deficiency or any other reason
15preventing their lawful transfer, the State Comptroller shall
16order transferred and the State Treasurer shall transfer the
17amount deficient or otherwise unavailable from the General
18Revenue Fund for deposit into the Audit Expense Fund.
19 On or before December 1, 1992, and each December 1
20thereafter, the Auditor General shall notify the Governor's
21Office of Management and Budget (formerly Bureau of the
22Budget) of the amount estimated to be necessary to pay for
23audits, studies, and investigations in accordance with the
24Illinois State Auditing Act during the next succeeding fiscal
25year for each State fund for which a transfer or reimbursement
26is anticipated.

10300HB3817sam002- 80 -LRB103 30519 JDS 62533 a
1 Beginning with fiscal year 1994 and during each fiscal
2year thereafter, the Auditor General may direct the State
3Comptroller and Treasurer to transfer moneys from funds
4authorized by the General Assembly for that fund. In the event
5funds, including federal and State trust funds but excluding
6the General Revenue Fund, are transferred, during fiscal year
71994 and during each fiscal year thereafter, in excess of the
8amount to pay actual costs attributable to audits, studies,
9and investigations as permitted or required by the Illinois
10State Auditing Act or specific action of the General Assembly,
11the Auditor General shall, on September 30, or as soon
12thereafter as is practicable, direct the State Comptroller and
13Treasurer to transfer the excess amount back to the fund from
14which it was originally transferred.
15(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
16102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
17 (30 ILCS 105/6z-32)
18 Sec. 6z-32. Partners for Planning and Conservation.
19 (a) The Partners for Conservation Fund (formerly known as
20the Conservation 2000 Fund) and the Partners for Conservation
21Projects Fund (formerly known as the Conservation 2000
22Projects Fund) are created as special funds in the State
23Treasury. These funds shall be used to establish a
24comprehensive program to protect Illinois' natural resources
25through cooperative partnerships between State government and

10300HB3817sam002- 81 -LRB103 30519 JDS 62533 a
1public and private landowners. Moneys in these Funds may be
2used, subject to appropriation, by the Department of Natural
3Resources, Environmental Protection Agency, and the Department
4of Agriculture for purposes relating to natural resource
5protection, planning, recreation, tourism, climate resilience,
6and compatible agricultural and economic development
7activities. Without limiting these general purposes, moneys in
8these Funds may be used, subject to appropriation, for the
9following specific purposes:
10 (1) To foster sustainable agriculture practices and
11 control soil erosion, sedimentation, and nutrient loss
12 from farmland, including grants to Soil and Water
13 Conservation Districts for conservation practice
14 cost-share grants and for personnel, educational, and
15 administrative expenses.
16 (2) To establish and protect a system of ecosystems in
17 public and private ownership through conservation
18 easements, incentives to public and private landowners,
19 natural resource restoration and preservation, water
20 quality protection and improvement, land use and watershed
21 planning, technical assistance and grants, and land
22 acquisition provided these mechanisms are all voluntary on
23 the part of the landowner and do not involve the use of
24 eminent domain.
25 (3) To develop a systematic and long-term program to
26 effectively measure and monitor natural resources and

10300HB3817sam002- 82 -LRB103 30519 JDS 62533 a
1 ecological conditions through investments in technology
2 and involvement of scientific experts.
3 (4) To initiate strategies to enhance, use, and
4 maintain Illinois' inland lakes through education,
5 technical assistance, research, and financial incentives.
6 (5) To partner with private landowners and with units
7 of State, federal, and local government and with
8 not-for-profit organizations in order to integrate State
9 and federal programs with Illinois' natural resource
10 protection and restoration efforts and to meet
11 requirements to obtain federal and other funds for
12 conservation or protection of natural resources.
13 (6) To implement the State's Nutrient Loss Reduction
14 Strategy, including, but not limited to, funding the
15 resources needed to support the Strategy's Policy Working
16 Group, cover water quality monitoring in support of
17 Strategy implementation, prepare a biennial report on the
18 progress made on the Strategy every 2 years, and provide
19 cost share funding for nutrient capture projects.
20 (7) To provide capacity grants to support soil and
21 water conservation districts, including, but not limited
22 to, developing soil health plans, conducting soil health
23 assessments, peer-to-peer training, convening
24 producer-led dialogues, professional development and
25 travel stipends for meetings and educational events.
26 (b) The State Comptroller and State Treasurer shall

10300HB3817sam002- 83 -LRB103 30519 JDS 62533 a
1automatically transfer on the last day of each month,
2beginning on September 30, 1995 and ending on June 30, 2024
32023, from the General Revenue Fund to the Partners for
4Conservation Fund, an amount equal to 1/10 of the amount set
5forth below in fiscal year 1996 and an amount equal to 1/12 of
6the amount set forth below in each of the other specified
7fiscal years:
8Fiscal Year Amount
91996$ 3,500,000
101997$ 9,000,000
111998$10,000,000
121999$11,000,000
132000$12,500,000
142001 through 2004$14,000,000
152005 $7,000,000
162006 $11,000,000
172007 $0
182008 through 2011 $14,000,000
192012 $12,200,000
202013 through 2017 $14,000,000
212018 $1,500,000
222019 $14,000,000
232020 $7,500,000
242021 through 2023 $14,000,000
252024 $18,000,000
26 (c) The State Comptroller and State Treasurer shall

10300HB3817sam002- 84 -LRB103 30519 JDS 62533 a
1automatically transfer on the last day of each month beginning
2on July 31, 2021 and ending June 30, 2022, from the
3Environmental Protection Permit and Inspection Fund to the
4Partners for Conservation Fund, an amount equal to 1/12 of
5$4,135,000.
6 (c-1) The State Comptroller and State Treasurer shall
7automatically transfer on the last day of each month beginning
8on July 31, 2022 and ending June 30, 2023, from the
9Environmental Protection Permit and Inspection Fund to the
10Partners for Conservation Fund, an amount equal to 1/12 of
11$5,900,000.
12 (d) There shall be deposited into the Partners for
13Conservation Projects Fund such bond proceeds and other moneys
14as may, from time to time, be provided by law.
15(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21;
16102-699, eff. 4-19-22.)
17 (30 ILCS 105/6z-35)
18 Sec. 6z-35. There is hereby created in the State Treasury
19a special fund to be known as the Live and Learn Fund. The
20Comptroller and the Treasurer shall transfer $1,742,000 from
21the General Revenue Fund into the Live and Learn Fund each
22month. The first transfer shall be made 60 days after the
23effective date of this amendatory Act of 1993, with subsequent
24transfers occurring on the first of each month. Moneys
25deposited into the Fund may, subject to appropriation, be used

10300HB3817sam002- 85 -LRB103 30519 JDS 62533 a
1by the Secretary of State for any or all of the following
2purposes:
3 (a) An organ donation awareness or education program.
4 (b) To provide additional funds for all types of
5 library grants as authorized and administered by the
6 Secretary of State as State Librarian.
7 On July 1, 2023, any future deposits due to the Live and
8Learn Fund and any outstanding obligations or liabilities of
9that Fund shall pass to the General Revenue Fund. On November
101, 2023, or as soon thereafter as practical, the State
11Comptroller shall direct and the State Treasurer shall
12transfer the remaining balance from the Live and Learn Fund
13into the Secretary of State Special Services Fund. This
14Section is repealed on January 1, 2024.
15(Source: P.A. 88-78.)
16 (30 ILCS 105/6z-43)
17 Sec. 6z-43. Tobacco Settlement Recovery Fund.
18 (a) There is created in the State Treasury a special fund
19to be known as the Tobacco Settlement Recovery Fund, which
20shall contain 3 accounts: (i) the General Account, (ii) the
21Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco
22Settlement Residual Account. There shall be deposited into the
23several accounts of the Tobacco Settlement Recovery Fund and
24the Attorney General Tobacco Fund all monies paid to the State
25pursuant to (1) the Master Settlement Agreement entered in the

10300HB3817sam002- 86 -LRB103 30519 JDS 62533 a
1case of People of the State of Illinois v. Philip Morris, et
2al. (Circuit Court of Cook County, No. 96-L13146) and (2) any
3settlement with or judgment against any tobacco product
4manufacturer other than one participating in the Master
5Settlement Agreement in satisfaction of any released claim as
6defined in the Master Settlement Agreement, as well as any
7other monies as provided by law. Moneys shall be deposited
8into the Tobacco Settlement Bond Proceeds Account and the
9Tobacco Settlement Residual Account as provided by the terms
10of the Railsplitter Tobacco Settlement Authority Act, provided
11that an annual amount not less than $2,500,000, subject to
12appropriation, shall be deposited into the Attorney General
13Tobacco Fund for use only by the Attorney General's office.
14The scheduled $2,500,000 deposit into the Tobacco Settlement
15Residual Account for fiscal year 2011 should be transferred to
16the Attorney General Tobacco Fund in fiscal year 2012 as soon
17as this fund has been established. All other moneys available
18to be deposited into the Tobacco Settlement Recovery Fund
19shall be deposited into the General Account. An investment
20made from moneys credited to a specific account constitutes
21part of that account and such account shall be credited with
22all income from the investment of such moneys. The Treasurer
23may invest the moneys in the several accounts of the Fund in
24the same manner, in the same types of investments, and subject
25to the same limitations provided in the Illinois Pension Code
26for the investment of pension funds other than those

10300HB3817sam002- 87 -LRB103 30519 JDS 62533 a
1established under Article 3 or 4 of the Code. Notwithstanding
2the foregoing, to the extent necessary to preserve the
3tax-exempt status of any bonds issued pursuant to the
4Railsplitter Tobacco Settlement Authority Act, the interest on
5which is intended to be excludable from the gross income of the
6owners for federal income tax purposes, moneys on deposit in
7the Tobacco Settlement Bond Proceeds Account and the Tobacco
8Settlement Residual Account may be invested in obligations the
9interest upon which is tax-exempt under the provisions of
10Section 103 of the Internal Revenue Code of 1986, as now or
11hereafter amended, or any successor code or provision.
12 (b) Moneys on deposit in the Tobacco Settlement Bond
13Proceeds Account and the Tobacco Settlement Residual Account
14may be expended, subject to appropriation, for the purposes
15authorized in subsection (g) of Section 3-6 of the
16Railsplitter Tobacco Settlement Authority Act.
17 (b-5) Moneys on deposit in the Tobacco Settlement Recovery
18Fund may be expended, subject to appropriation, for payments
19pursuant to Section 2.13 of the Governor's Office of
20Management and Budget Act.
21 (c) As soon as may be practical after June 30, 2001, upon
22notification from and at the direction of the Governor, the
23State Comptroller shall direct and the State Treasurer shall
24transfer the unencumbered balance in the Tobacco Settlement
25Recovery Fund as of June 30, 2001, as determined by the
26Governor, into the Budget Stabilization Fund. The Treasurer

10300HB3817sam002- 88 -LRB103 30519 JDS 62533 a
1may invest the moneys in the Budget Stabilization Fund in the
2same manner, in the same types of investments, and subject to
3the same limitations provided in the Illinois Pension Code for
4the investment of pension funds other than those established
5under Article 3 or 4 of the Code.
6 (d) All federal financial participation moneys received
7pursuant to expenditures from the Fund shall be deposited into
8the General Account.
9(Source: P.A. 99-78, eff. 7-20-15.)
10 (30 ILCS 105/6z-100)
11 (Section scheduled to be repealed on July 1, 2023)
12 Sec. 6z-100. Capital Development Board Revolving Fund;
13payments into and use. All monies received by the Capital
14Development Board for publications or copies issued by the
15Board, and all monies received for contract administration
16fees, charges, or reimbursements owing to the Board shall be
17deposited into a special fund known as the Capital Development
18Board Revolving Fund, which is hereby created in the State
19treasury. The monies in this Fund shall be used by the Capital
20Development Board, as appropriated, for expenditures for
21personal services, retirement, social security, contractual
22services, legal services, travel, commodities, printing,
23equipment, electronic data processing, or telecommunications.
24For fiscal year 2021 and thereafter, the monies in this Fund
25may also be appropriated to and used by the Executive Ethics

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1Commission for oversight and administration of the Chief
2Procurement Officer appointed under paragraph (1) of
3subsection (a) of Section 10-20 of the Illinois Procurement
4Code. Unexpended moneys in the Fund shall not be transferred
5or allocated by the Comptroller or Treasurer to any other
6fund, nor shall the Governor authorize the transfer or
7allocation of those moneys to any other fund. This Section is
8repealed July 1, 2025 2023.
9(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
10101-645, eff. 6-26-20; 102-16, eff. 6-17-21; 102-699, eff.
114-19-22.)
12 (30 ILCS 105/6z-121)
13 Sec. 6z-121. State Coronavirus Urgent Remediation
14Emergency Fund.
15 (a) The State Coronavirus Urgent Remediation Emergency
16(State CURE) Fund is created as a federal trust fund within the
17State treasury. The State CURE Fund shall be held separate and
18apart from all other funds in the State treasury. The State
19CURE Fund is established: (1) to receive, directly or
20indirectly, federal funds from the Coronavirus Relief Fund in
21accordance with Section 5001 of the federal Coronavirus Aid,
22Relief, and Economic Security (CARES) Act, the Coronavirus
23State Fiscal Recovery Fund in accordance with Section 9901 of
24the American Rescue Plan Act of 2021, or from any other federal
25fund pursuant to any other provision of the American Rescue

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1Plan Act of 2021 or any other federal law; and (2) to provide
2for the transfer, distribution and expenditure of such federal
3funds as permitted in the federal Coronavirus Aid, Relief, and
4Economic Security (CARES) Act, the American Rescue Plan Act of
52021, and related federal guidance or any other federal law,
6and as authorized by this Section.
7 (b) Federal funds received by the State from the
8Coronavirus Relief Fund in accordance with Section 5001 of the
9federal Coronavirus Aid, Relief, and Economic Security (CARES)
10Act, the Coronavirus State Fiscal Recovery Fund in accordance
11with Section 9901 of the American Rescue Plan Act of 2021, or
12any other federal funds received pursuant to the American
13Rescue Plan Act of 2021 or any other federal law, may be
14deposited, directly or indirectly, into the State CURE Fund.
15 (c) Funds in the State CURE Fund may be expended, subject
16to appropriation, directly for purposes permitted under the
17federal law and related federal guidance governing the use of
18such funds, which may include without limitation purposes
19permitted in Section 5001 of the CARES Act and Sections 3201,
203206, and 9901 of the American Rescue Plan Act of 2021, or as
21otherwise provided by law and consistent with appropriations
22of the General Assembly. All federal funds received into the
23State CURE Fund from the Coronavirus Relief Fund, the
24Coronavirus State Fiscal Recovery Fund, or any other source
25under the American Rescue Plan Act of 2021, may be
26transferred, expended, or returned by the Illinois Emergency

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

10300HB3817sam002- 92 -LRB103 30519 JDS 62533 a
1reimbursement under Section 5001 of the federal Coronavirus
2Aid, Relief, and Economic Security (CARES) Act, the relevant
3provisions of the American Rescue Plan Act of 2021, or any
4related federal guidance.
5 (d) Once the General Assembly has enacted appropriations
6from the State CURE Fund, the expenditure of funds from the
7State CURE Fund shall be subject to appropriation by the
8General Assembly, and shall be administered by the Illinois
9Emergency Management Agency at the direction of the Governor.
10The Illinois Emergency Management Agency, and other agencies
11as named in appropriations, shall transfer, distribute or
12expend the funds. The State Comptroller shall direct and the
13State Treasurer shall transfer funds in the State CURE Fund to
14other funds in the State treasury as reimbursement for
15expenditures made from such other funds if the expenditures
16are eligible for federal reimbursement under Section 5001 of
17the federal Coronavirus Aid, Relief, and Economic Security
18(CARES) Act, the relevant provisions of the American Rescue
19Plan Act of 2021, or any related federal guidance, as directed
20in writing by the Governor. Additional funds that may be
21received from the federal government from legislation enacted
22in response to the impact of Coronavirus Disease 2019,
23including fiscal stabilization payments that replace revenues
24lost due to Coronavirus Disease 2019, The State Comptroller
25may direct and the State Treasurer shall transfer in the
26manner authorized or required by any related federal guidance,

10300HB3817sam002- 93 -LRB103 30519 JDS 62533 a
1as directed in writing by the Governor.
2 (e) The Illinois Emergency Management Agency, in
3coordination with the Governor's Office of Management and
4Budget, shall identify amounts derived from the State's
5Coronavirus Relief Fund allocation and transferred from the
6State CURE Fund as directed by the Governor under this Section
7that remain unobligated and unexpended for the period that
8ended on December 31, 2021. The Agency shall certify to the
9State Comptroller and the State Treasurer the amounts
10identified as unobligated and unexpended. The State
11Comptroller shall direct and the State Treasurer shall
12transfer the unobligated and unexpended funds identified by
13the Agency and held in other funds of the State Treasury under
14this Section to the State CURE Fund. Unexpended funds in the
15State CURE Fund shall be paid back to the federal government at
16the direction of the Governor.
17 (f) In addition to any other transfers that may be
18provided for by law, at the direction of the Governor, the
19State Comptroller shall direct and the State Treasurer shall
20transfer the sum of $24,523,000 from the State CURE Fund to the
21Chicago Travel Industry Promotion Fund.
22 (g) In addition to any other transfers that may be
23provided for by law, at the direction of the Governor, the
24State Comptroller shall direct and the State Treasurer shall
25transfer the sum of $30,000,000 from the State CURE Fund to the
26Metropolitan Pier and Exposition Authority Incentive Fund.

10300HB3817sam002- 94 -LRB103 30519 JDS 62533 a
1 (h) In addition to any other transfers that may be
2provided for by law, at the direction of the Governor, the
3State Comptroller shall direct and the State Treasurer shall
4transfer the sum of $45,180,000 from the State CURE Fund to the
5Local Tourism Fund.
6(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
7102-699, eff. 4-19-22.)
8 (30 ILCS 105/6z-126)
9 Sec. 6z-126. Law Enforcement Training Fund. The Law
10Enforcement Training Fund is hereby created as a special fund
11in the State treasury. Moneys in the Fund shall consist of: (i)
1290% of the revenue from increasing the insurance producer
13license fees, as provided under subsection (a-5) of Section
14500-135 of the Illinois Insurance Code; and (ii) 90% of the
15moneys collected from auto insurance policy fees under Section
168.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft
17Prevention and Insurance Verification Act. This Fund shall be
18used by the Illinois Law Enforcement Training Standards Board
19for the following purposes: (i) to fund law enforcement
20certification compliance; (ii) for and the development and
21provision of basic courses by Board-approved academics, and
22in-service courses by approved academies; and (iii) for the
23ordinary and contingent expenses of the Illinois Law
24Enforcement Training Standards Board.
25(Source: P.A. 102-16, eff. 6-17-21; 102-904, eff. 1-1-23;

10300HB3817sam002- 95 -LRB103 30519 JDS 62533 a
1102-1071, eff. 6-10-22; revised 12-13-22.)
2 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
3 Sec. 8.3. Money in the Road Fund shall, if and when the
4State of Illinois incurs any bonded indebtedness for the
5construction of permanent highways, be set aside and used for
6the purpose of paying and discharging annually the principal
7and interest on that bonded indebtedness then due and payable,
8and for no other purpose. The surplus, if any, in the Road Fund
9after the payment of principal and interest on that bonded
10indebtedness then annually due shall be used as follows:
11 first -- to pay the cost of administration of Chapters
12 2 through 10 of the Illinois Vehicle Code, except the cost
13 of administration of Articles I and II of Chapter 3 of that
14 Code, and to pay the costs of the Executive Ethics
15 Commission for oversight and administration of the Chief
16 Procurement Officer appointed under paragraph (2) of
17 subsection (a) of Section 10-20 of the Illinois
18 Procurement Code for transportation; and
19 secondly -- for expenses of the Department of
20 Transportation for construction, reconstruction,
21 improvement, repair, maintenance, operation, and
22 administration of highways in accordance with the
23 provisions of laws relating thereto, or for any purpose
24 related or incident to and connected therewith, including
25 the separation of grades of those highways with railroads

10300HB3817sam002- 96 -LRB103 30519 JDS 62533 a
1 and with highways and including the payment of awards made
2 by the Illinois Workers' Compensation Commission under the
3 terms of the Workers' Compensation Act or Workers'
4 Occupational Diseases Act for injury or death of an
5 employee of the Division of Highways in the Department of
6 Transportation; or for the acquisition of land and the
7 erection of buildings for highway purposes, including the
8 acquisition of highway right-of-way or for investigations
9 to determine the reasonably anticipated future highway
10 needs; or for making of surveys, plans, specifications and
11 estimates for and in the construction and maintenance of
12 flight strips and of highways necessary to provide access
13 to military and naval reservations, to defense industries
14 and defense-industry sites, and to the sources of raw
15 materials and for replacing existing highways and highway
16 connections shut off from general public use at military
17 and naval reservations and defense-industry sites, or for
18 the purchase of right-of-way, except that the State shall
19 be reimbursed in full for any expense incurred in building
20 the flight strips; or for the operating and maintaining of
21 highway garages; or for patrolling and policing the public
22 highways and conserving the peace; or for the operating
23 expenses of the Department relating to the administration
24 of public transportation programs; or, during fiscal year
25 2022, for the purposes of a grant not to exceed $8,394,800
26 to the Regional Transportation Authority on behalf of PACE

10300HB3817sam002- 97 -LRB103 30519 JDS 62533 a
1 for the purpose of ADA/Para-transit expenses; or, during
2 fiscal year 2023, for the purposes of a grant not to exceed
3 $8,394,800 to the Regional Transportation Authority on
4 behalf of PACE for the purpose of ADA/Para-transit
5 expenses; or, during fiscal year 2024, for the purposes of
6 a grant not to exceed $9,108,400 to the Regional
7 Transportation Authority on behalf of PACE for the purpose
8 of ADA/Para-transit expenses; or for any of those purposes
9 or any other purpose that may be provided by law.
10 Appropriations for any of those purposes are payable from
11the Road Fund. Appropriations may also be made from the Road
12Fund for the administrative expenses of any State agency that
13are related to motor vehicles or arise from the use of motor
14vehicles.
15 Beginning with fiscal year 1980 and thereafter, no Road
16Fund monies shall be appropriated to the following Departments
17or agencies of State government for administration, grants, or
18operations; but this limitation is not a restriction upon
19appropriating for those purposes any Road Fund monies that are
20eligible for federal reimbursement:
21 1. Department of Public Health;
22 2. Department of Transportation, only with respect to
23 subsidies for one-half fare Student Transportation and
24 Reduced Fare for Elderly, except fiscal year 2022 when no
25 more than $17,570,000 may be expended and except fiscal
26 year 2023 when no more than $17,570,000 may be expended

10300HB3817sam002- 98 -LRB103 30519 JDS 62533 a
1 and except fiscal year 2024 when no more than $19,063,500
2 may be expended;
3 3. Department of Central Management Services, except
4 for expenditures incurred for group insurance premiums of
5 appropriate personnel;
6 4. Judicial Systems and Agencies.
7 Beginning with fiscal year 1981 and thereafter, no Road
8Fund monies shall be appropriated to the following Departments
9or agencies of State government for administration, grants, or
10operations; but this limitation is not a restriction upon
11appropriating for those purposes any Road Fund monies that are
12eligible for federal reimbursement:
13 1. Illinois State Police, except for expenditures with
14 respect to the Division of Patrol Operations and Division
15 of Criminal Investigation;
16 2. Department of Transportation, only with respect to
17 Intercity Rail Subsidies, except fiscal year 2022 when no
18 more than $50,000,000 may be expended and except fiscal
19 year 2023 when no more than $55,000,000 may be expended
20 and except fiscal year 2024 when no more than $60,000,000
21 may be expended, and Rail Freight Services.
22 Beginning with fiscal year 1982 and thereafter, no Road
23Fund monies shall be appropriated to the following Departments
24or agencies of State government for administration, grants, or
25operations; but this limitation is not a restriction upon
26appropriating for those purposes any Road Fund monies that are

10300HB3817sam002- 99 -LRB103 30519 JDS 62533 a
1eligible for federal reimbursement: Department of Central
2Management Services, except for awards made by the Illinois
3Workers' Compensation Commission under the terms of the
4Workers' Compensation Act or Workers' Occupational Diseases
5Act for injury or death of an employee of the Division of
6Highways in the Department of Transportation.
7 Beginning with fiscal year 1984 and thereafter, no Road
8Fund monies shall be appropriated to the following Departments
9or agencies of State government for administration, grants, or
10operations; but this limitation is not a restriction upon
11appropriating for those purposes any Road Fund monies that are
12eligible for federal reimbursement:
13 1. Illinois State Police, except not more than 40% of
14 the funds appropriated for the Division of Patrol
15 Operations and Division of Criminal Investigation;
16 2. State Officers.
17 Beginning with fiscal year 1984 and thereafter, no Road
18Fund monies shall be appropriated to any Department or agency
19of State government for administration, grants, or operations
20except as provided hereafter; but this limitation is not a
21restriction upon appropriating for those purposes any Road
22Fund monies that are eligible for federal reimbursement. It
23shall not be lawful to circumvent the above appropriation
24limitations by governmental reorganization or other methods.
25Appropriations shall be made from the Road Fund only in
26accordance with the provisions of this Section.

10300HB3817sam002- 100 -LRB103 30519 JDS 62533 a
1 Money in the Road Fund shall, if and when the State of
2Illinois incurs any bonded indebtedness for the construction
3of permanent highways, be set aside and used for the purpose of
4paying and discharging during each fiscal year the principal
5and interest on that bonded indebtedness as it becomes due and
6payable as provided in the Transportation Bond Act, and for no
7other purpose. The surplus, if any, in the Road Fund after the
8payment of principal and interest on that bonded indebtedness
9then annually due shall be used as follows:
10 first -- to pay the cost of administration of Chapters
11 2 through 10 of the Illinois Vehicle Code; and
12 secondly -- no Road Fund monies derived from fees,
13 excises, or license taxes relating to registration,
14 operation and use of vehicles on public highways or to
15 fuels used for the propulsion of those vehicles, shall be
16 appropriated or expended other than for costs of
17 administering the laws imposing those fees, excises, and
18 license taxes, statutory refunds and adjustments allowed
19 thereunder, administrative costs of the Department of
20 Transportation, including, but not limited to, the
21 operating expenses of the Department relating to the
22 administration of public transportation programs, payment
23 of debts and liabilities incurred in construction and
24 reconstruction of public highways and bridges, acquisition
25 of rights-of-way for and the cost of construction,
26 reconstruction, maintenance, repair, and operation of

10300HB3817sam002- 101 -LRB103 30519 JDS 62533 a
1 public highways and bridges under the direction and
2 supervision of the State, political subdivision, or
3 municipality collecting those monies, or during fiscal
4 year 2022 for the purposes of a grant not to exceed
5 $8,394,800 to the Regional Transportation Authority on
6 behalf of PACE for the purpose of ADA/Para-transit
7 expenses, or during fiscal year 2023 for the purposes of a
8 grant not to exceed $8,394,800 to the Regional
9 Transportation Authority on behalf of PACE for the purpose
10 of ADA/Para-transit expenses, or during fiscal year 2024
11 for the purposes of a grant not to exceed $9,108,400 to the
12 Regional Transportation Authority on behalf of PACE for
13 the purpose of ADA/Para-transit expenses, and the costs
14 for patrolling and policing the public highways (by the
15 State, political subdivision, or municipality collecting
16 that money) for enforcement of traffic laws. The
17 separation of grades of such highways with railroads and
18 costs associated with protection of at-grade highway and
19 railroad crossing shall also be permissible.
20 Appropriations for any of such purposes are payable from
21the Road Fund or the Grade Crossing Protection Fund as
22provided in Section 8 of the Motor Fuel Tax Law.
23 Except as provided in this paragraph, beginning with
24fiscal year 1991 and thereafter, no Road Fund monies shall be
25appropriated to the Illinois State Police for the purposes of
26this Section in excess of its total fiscal year 1990 Road Fund

10300HB3817sam002- 102 -LRB103 30519 JDS 62533 a
1appropriations for those purposes unless otherwise provided in
2Section 5g of this Act. For fiscal years 2003, 2004, 2005,
32006, and 2007 only, no Road Fund monies shall be appropriated
4to the Department of State Police for the purposes of this
5Section in excess of $97,310,000. For fiscal year 2008 only,
6no Road Fund monies shall be appropriated to the Department of
7State Police for the purposes of this Section in excess of
8$106,100,000. For fiscal year 2009 only, no Road Fund monies
9shall be appropriated to the Department of State Police for
10the purposes of this Section in excess of $114,700,000.
11Beginning in fiscal year 2010, no road fund moneys shall be
12appropriated to the Illinois State Police. It shall not be
13lawful to circumvent this limitation on appropriations by
14governmental reorganization or other methods unless otherwise
15provided in Section 5g of this Act.
16 In fiscal year 1994, no Road Fund monies shall be
17appropriated to the Secretary of State for the purposes of
18this Section in excess of the total fiscal year 1991 Road Fund
19appropriations to the Secretary of State for those purposes,
20plus $9,800,000. It shall not be lawful to circumvent this
21limitation on appropriations by governmental reorganization or
22other method.
23 Beginning with fiscal year 1995 and thereafter, no Road
24Fund monies shall be appropriated to the Secretary of State
25for the purposes of this Section in excess of the total fiscal
26year 1994 Road Fund appropriations to the Secretary of State

10300HB3817sam002- 103 -LRB103 30519 JDS 62533 a
1for those purposes. It shall not be lawful to circumvent this
2limitation on appropriations by governmental reorganization or
3other methods.
4 Beginning with fiscal year 2000, total Road Fund
5appropriations to the Secretary of State for the purposes of
6this Section shall not exceed the amounts specified for the
7following fiscal years:
8 Fiscal Year 2000$80,500,000;
9 Fiscal Year 2001$80,500,000;
10 Fiscal Year 2002$80,500,000;
11 Fiscal Year 2003$130,500,000;
12 Fiscal Year 2004$130,500,000;
13 Fiscal Year 2005$130,500,000;
14 Fiscal Year 2006 $130,500,000;
15 Fiscal Year 2007 $130,500,000;
16 Fiscal Year 2008$130,500,000;
17 Fiscal Year 2009 $130,500,000.
18 For fiscal year 2010, no road fund moneys shall be
19appropriated to the Secretary of State.
20 Beginning in fiscal year 2011, moneys in the Road Fund
21shall be appropriated to the Secretary of State for the
22exclusive purpose of paying refunds due to overpayment of fees
23related to Chapter 3 of the Illinois Vehicle Code unless
24otherwise provided for by law.
25 It shall not be lawful to circumvent this limitation on
26appropriations by governmental reorganization or other

10300HB3817sam002- 104 -LRB103 30519 JDS 62533 a
1methods.
2 No new program may be initiated in fiscal year 1991 and
3thereafter that is not consistent with the limitations imposed
4by this Section for fiscal year 1984 and thereafter, insofar
5as appropriation of Road Fund monies is concerned.
6 Nothing in this Section prohibits transfers from the Road
7Fund to the State Construction Account Fund under Section 5e
8of this Act; nor to the General Revenue Fund, as authorized by
9Public Act 93-25.
10 The additional amounts authorized for expenditure in this
11Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
12shall be repaid to the Road Fund from the General Revenue Fund
13in the next succeeding fiscal year that the General Revenue
14Fund has a positive budgetary balance, as determined by
15generally accepted accounting principles applicable to
16government.
17 The additional amounts authorized for expenditure by the
18Secretary of State and the Department of State Police in this
19Section by Public Act 94-91 shall be repaid to the Road Fund
20from the General Revenue Fund in the next succeeding fiscal
21year that the General Revenue Fund has a positive budgetary
22balance, as determined by generally accepted accounting
23principles applicable to government.
24(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
25102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff.
264-19-22; 102-813, eff. 5-13-22.)

10300HB3817sam002- 105 -LRB103 30519 JDS 62533 a
1 (30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
2 Sec. 8.12. State Pensions Fund.
3 (a) The moneys in the State Pensions Fund shall be used
4exclusively for the administration of the Revised Uniform
5Unclaimed Property Act and for the expenses incurred by the
6Auditor General for administering the provisions of Section
72-8.1 of the Illinois State Auditing Act and for operational
8expenses of the Office of the State Treasurer and for the
9funding of the unfunded liabilities of the designated
10retirement systems. For the purposes of this Section,
11"operational expenses of the Office of the State Treasurer"
12includes the acquisition of land and buildings in State fiscal
13years 2019 and 2020 for use by the Office of the State
14Treasurer, as well as construction, reconstruction,
15improvement, repair, and maintenance, in accordance with the
16provisions of laws relating thereto, of such lands and
17buildings beginning in State fiscal year 2019 and thereafter.
18Beginning in State fiscal year 2025 2024, payments to the
19designated retirement systems under this Section shall be in
20addition to, and not in lieu of, any State contributions
21required under the Illinois Pension Code.
22 "Designated retirement systems" means:
23 (1) the State Employees' Retirement System of
24 Illinois;
25 (2) the Teachers' Retirement System of the State of

10300HB3817sam002- 106 -LRB103 30519 JDS 62533 a
1 Illinois;
2 (3) the State Universities Retirement System;
3 (4) the Judges Retirement System of Illinois; and
4 (5) the General Assembly Retirement System.
5 (b) Each year the General Assembly may make appropriations
6from the State Pensions Fund for the administration of the
7Revised Uniform Unclaimed Property Act.
8 (c) (Blank). As soon as possible after July 30, 2004 (the
9effective date of Public Act 93-839), the General Assembly
10shall appropriate from the State Pensions Fund (1) to the
11State Universities Retirement System the amount certified
12under Section 15-165 during the prior year, (2) to the Judges
13Retirement System of Illinois the amount certified under
14Section 18-140 during the prior year, and (3) to the General
15Assembly Retirement System the amount certified under Section
162-134 during the prior year as part of the required State
17contributions to each of those designated retirement systems.
18If the amount in the State Pensions Fund does not exceed the
19sum of the amounts certified in Sections 15-165, 18-140, and
202-134 by at least $5,000,000, the amount paid to each
21designated retirement system under this subsection shall be
22reduced in proportion to the amount certified by each of those
23designated retirement systems.
24 (c-5) For fiscal years 2006 through 2024 2023, the General
25Assembly shall appropriate from the State Pensions Fund to the
26State Universities Retirement System the amount estimated to

10300HB3817sam002- 107 -LRB103 30519 JDS 62533 a
1be available during the fiscal year in the State Pensions
2Fund; provided, however, that the amounts appropriated under
3this subsection (c-5) shall not reduce the amount in the State
4Pensions Fund below $5,000,000.
5 (c-6) For fiscal year 2025 2024 and each fiscal year
6thereafter, as soon as may be practical after any money is
7deposited into the State Pensions Fund from the Unclaimed
8Property Trust Fund, the State Treasurer shall apportion the
9deposited amount among the designated retirement systems as
10defined in subsection (a) to reduce their actuarial reserve
11deficiencies. The State Comptroller and State Treasurer shall
12pay the apportioned amounts to the designated retirement
13systems to fund the unfunded liabilities of the designated
14retirement systems. The amount apportioned to each designated
15retirement system shall constitute a portion of the amount
16estimated to be available for appropriation from the State
17Pensions Fund that is the same as that retirement system's
18portion of the total actual reserve deficiency of the systems,
19as determined annually by the Governor's Office of Management
20and Budget at the request of the State Treasurer. The amounts
21apportioned under this subsection shall not reduce the amount
22in the State Pensions Fund below $5,000,000.
23 (d) The Governor's Office of Management and Budget shall
24determine the individual and total reserve deficiencies of the
25designated retirement systems. For this purpose, the
26Governor's Office of Management and Budget shall utilize the

10300HB3817sam002- 108 -LRB103 30519 JDS 62533 a
1latest available audit and actuarial reports of each of the
2retirement systems and the relevant reports and statistics of
3the Public Employee Pension Fund Division of the Department of
4Insurance.
5 (d-1) (Blank).
6 (e) The changes to this Section made by Public Act 88-593
7shall first apply to distributions from the Fund for State
8fiscal year 1996.
9(Source: P.A. 101-10, eff. 6-5-19; 101-487, eff. 8-23-19;
10101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-699, eff.
114-19-22.)
12 (30 ILCS 105/8g-1)
13 Sec. 8g-1. Fund transfers.
14 (a) (Blank).
15 (b) (Blank).
16 (c) (Blank).
17 (d) (Blank).
18 (e) (Blank).
19 (f) (Blank).
20 (g) (Blank).
21 (h) (Blank).
22 (i) (Blank).
23 (j) (Blank).
24 (k) (Blank).
25 (l) (Blank).

10300HB3817sam002- 109 -LRB103 30519 JDS 62533 a
1 (m) (Blank).
2 (n) (Blank).
3 (o) (Blank).
4 (p) (Blank).
5 (q) (Blank).
6 (r) (Blank).
7 (s) (Blank).
8 (t) (Blank).
9 (u) In addition to any other transfers that may be
10provided for by law, on July 1, 2021, or as soon thereafter as
11practical, only as directed by the Director of the Governor's
12Office of Management and Budget, the State Comptroller shall
13direct and the State Treasurer shall transfer the sum of
14$5,000,000 from the General Revenue Fund to the DoIT Special
15Projects Fund, and on June 1, 2022, or as soon thereafter as
16practical, but no later than June 30, 2022, the State
17Comptroller shall direct and the State Treasurer shall
18transfer the sum so transferred from the DoIT Special Projects
19Fund to the General Revenue Fund.
20 (v) In addition to any other transfers that may be
21provided for by law, on July 1, 2021, or as soon thereafter as
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $500,000 from the General
24Revenue Fund to the Governor's Administrative Fund.
25 (w) In addition to any other transfers that may be
26provided for by law, on July 1, 2021, or as soon thereafter as

10300HB3817sam002- 110 -LRB103 30519 JDS 62533 a
1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $500,000 from the General
3Revenue Fund to the Grant Accountability and Transparency
4Fund.
5 (x) In addition to any other transfers that may be
6provided for by law, at a time or times during Fiscal Year 2022
7as directed by the Governor, the State Comptroller shall
8direct and the State Treasurer shall transfer up to a total of
9$20,000,000 from the General Revenue Fund to the Illinois
10Sports Facilities Fund to be credited to the Advance Account
11within the Fund.
12 (y) In addition to any other transfers that may be
13provided for by law, on June 15, 2021, or as soon thereafter as
14practical, but no later than June 30, 2021, the State
15Comptroller shall direct and the State Treasurer shall
16transfer the sum of $100,000,000 from the General Revenue Fund
17to the Technology Management Revolving Fund.
18 (z) In addition to any other transfers that may be
19provided for by law, on April 19, 2022 (the effective date of
20Public Act 102-699), or as soon thereafter as practical, but
21no later than June 30, 2022, the State Comptroller shall
22direct and the State Treasurer shall transfer the sum of
23$148,000,000 from the General Revenue Fund to the Build
24Illinois Bond Fund.
25 (aa) In addition to any other transfers that may be
26provided for by law, on April 19, 2022 (the effective date of

10300HB3817sam002- 111 -LRB103 30519 JDS 62533 a
1Public Act 102-699), or as soon thereafter as practical, but
2no later than June 30, 2022, the State Comptroller shall
3direct and the State Treasurer shall transfer the sum of
4$180,000,000 from the General Revenue Fund to the Rebuild
5Illinois Projects Fund.
6 (bb) In addition to any other transfers that may be
7provided for by law, on July 1, 2022, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $500,000 from the General
10Revenue Fund to the Governor's Administrative Fund.
11 (cc) In addition to any other transfers that may be
12provided for by law, on July 1, 2022, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $500,000 from the General
15Revenue Fund to the Grant Accountability and Transparency
16Fund.
17 (dd) In addition to any other transfers that may be
18provided by law, on April 19, 2022 (the effective date of
19Public Act 102-700), or as soon thereafter as practical, but
20no later than June 30, 2022, the State Comptroller shall
21direct and the State Treasurer shall transfer the sum of
22$685,000,000 from the General Revenue Fund to the Income Tax
23Refund Fund. Moneys from this transfer shall be used for the
24purpose of making the one-time rebate payments provided under
25Section 212.1 of the Illinois Income Tax Act.
26 (ee) In addition to any other transfers that may be

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1provided by law, beginning on April 19, 2022 (the effective
2date of Public Act 102-700) and until December 31, 2023, at the
3direction of the Department of Revenue, the State Comptroller
4shall direct and the State Treasurer shall transfer from the
5General Revenue Fund to the Income Tax Refund Fund any amounts
6needed beyond the amounts transferred in subsection (dd) to
7make payments of the one-time rebate payments provided under
8Section 212.1 of the Illinois Income Tax Act.
9 (ff) In addition to any other transfers that may be
10provided for by law, on April 19, 2022 (the effective date of
11Public Act 102-700), or as soon thereafter as practical, but
12no later than June 30, 2022, the State Comptroller shall
13direct and the State Treasurer shall transfer the sum of
14$720,000,000 from the General Revenue Fund to the Budget
15Stabilization Fund.
16 (gg) In addition to any other transfers that may be
17provided for by law, on July 1, 2022, or as soon thereafter as
18practical, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $280,000,000 from the
20General Revenue Fund to the Budget Stabilization Fund.
21 (hh) In addition to any other transfers that may be
22provided for by law, on July 1, 2022, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $200,000,000 from the
25General Revenue Fund to the Pension Stabilization Fund.
26 (ii) In addition to any other transfers that may be

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1provided for by law, on January 1, 2023, or as soon thereafter
2as practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $850,000,000 from the
4General Revenue Fund to the Budget Stabilization Fund.
5 (jj) In addition to any other transfers that may be
6provided for by law, at a time or times during Fiscal Year 2023
7as directed by the Governor, the State Comptroller shall
8direct and the State Treasurer shall transfer up to a total of
9$400,000,000 from the General Revenue Fund to the Large
10Business Attraction Fund.
11 (kk) In addition to any other transfers that may be
12provided for by law, on January 1, 2023, or as soon thereafter
13as practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $72,000,000 from the
15General Revenue Fund to the Disaster Response and Recovery
16Fund.
17 (ll) In addition to any other transfers that may be
18provided for by law, on the effective date of this amendatory
19Act of the 103rd General Assembly, or as soon thereafter as
20practical, but no later than June 30, 2023, the State
21Comptroller shall direct and the State Treasurer shall
22transfer the sum of $200,000,000 from the General Revenue Fund
23to the Pension Stabilization Fund.
24 (mm) In addition to any other transfers that may be
25provided for by law, beginning on the effective date of this
26amendatory Act of the 103rd General Assembly and until June

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130, 2024, as directed by the Governor, the State Comptroller
2shall direct and the State Treasurer shall transfer up to a
3total of $1,500,000,000 from the General Revenue Fund to the
4State Coronavirus Urgent Remediation Emergency Fund.
5 (nn) In addition to any other transfers that may be
6provided for by law, beginning on the effective date of this
7amendatory Act of the 103rd General Assembly and until June
830, 2024, as directed by the Governor, the State Comptroller
9shall direct and the State Treasurer shall transfer up to a
10total of $424,000,000 from the General Revenue Fund to the
11Build Illinois Bond Fund.
12 (oo) In addition to any other transfers that may be
13provided for by law, on July 1, 2023, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $500,000 from the General
16Revenue Fund to the Governor's Administrative Fund.
17 (pp) In addition to any other transfers that may be
18provided for by law, on July 1, 2023, or as soon thereafter as
19practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $500,000 from the General
21Revenue Fund to the Grant Accountability and Transparency
22Fund.
23(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
24102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 102-700, Article
2540, Section 40-5, eff. 4-19-22; 102-700, Article 80, Section
2680-5, eff. 4-19-22; 102-1115, eff. 1-9-23.)

10300HB3817sam002- 115 -LRB103 30519 JDS 62533 a
1 (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
2 Sec. 13.2. Transfers among line item appropriations.
3 (a) Transfers among line item appropriations from the same
4treasury fund for the objects specified in this Section may be
5made in the manner provided in this Section when the balance
6remaining in one or more such line item appropriations is
7insufficient for the purpose for which the appropriation was
8made.
9 (a-1) No transfers may be made from one agency to another
10agency, nor may transfers be made from one institution of
11higher education to another institution of higher education
12except as provided by subsection (a-4).
13 (a-2) Except as otherwise provided in this Section,
14transfers may be made only among the objects of expenditure
15enumerated in this Section, except that no funds may be
16transferred from any appropriation for personal services, from
17any appropriation for State contributions to the State
18Employees' Retirement System, from any separate appropriation
19for employee retirement contributions paid by the employer,
20nor from any appropriation for State contribution for employee
21group insurance.
22 (a-2.5) (Blank).
23 (a-3) Further, if an agency receives a separate
24appropriation for employee retirement contributions paid by
25the employer, any transfer by that agency into an

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1appropriation for personal services must be accompanied by a
2corresponding transfer into the appropriation for employee
3retirement contributions paid by the employer, in an amount
4sufficient to meet the employer share of the employee
5contributions required to be remitted to the retirement
6system.
7 (a-4) Long-Term Care Rebalancing. The Governor may
8designate amounts set aside for institutional services
9appropriated from the General Revenue Fund or any other State
10fund that receives monies for long-term care services to be
11transferred to all State agencies responsible for the
12administration of community-based long-term care programs,
13including, but not limited to, community-based long-term care
14programs administered by the Department of Healthcare and
15Family Services, the Department of Human Services, and the
16Department on Aging, provided that the Director of Healthcare
17and Family Services first certifies that the amounts being
18transferred are necessary for the purpose of assisting persons
19in or at risk of being in institutional care to transition to
20community-based settings, including the financial data needed
21to prove the need for the transfer of funds. The total amounts
22transferred shall not exceed 4% in total of the amounts
23appropriated from the General Revenue Fund or any other State
24fund that receives monies for long-term care services for each
25fiscal year. A notice of the fund transfer must be made to the
26General Assembly and posted at a minimum on the Department of

10300HB3817sam002- 117 -LRB103 30519 JDS 62533 a
1Healthcare and Family Services website, the Governor's Office
2of Management and Budget website, and any other website the
3Governor sees fit. These postings shall serve as notice to the
4General Assembly of the amounts to be transferred. Notice
5shall be given at least 30 days prior to transfer.
6 (b) In addition to the general transfer authority provided
7under subsection (c), the following agencies have the specific
8transfer authority granted in this subsection:
9 The Department of Healthcare and Family Services is
10authorized to make transfers representing savings attributable
11to not increasing grants due to the births of additional
12children from line items for payments of cash grants to line
13items for payments for employment and social services for the
14purposes outlined in subsection (f) of Section 4-2 of the
15Illinois Public Aid Code.
16 The Department of Children and Family Services is
17authorized to make transfers not exceeding 2% of the aggregate
18amount appropriated to it within the same treasury fund for
19the following line items among these same line items: Foster
20Home and Specialized Foster Care and Prevention, Institutions
21and Group Homes and Prevention, and Purchase of Adoption and
22Guardianship Services.
23 The Department on Aging is authorized to make transfers
24not exceeding 10% of the aggregate amount appropriated to it
25within the same treasury fund for the following Community Care
26Program line items among these same line items: purchase of

10300HB3817sam002- 118 -LRB103 30519 JDS 62533 a
1services covered by the Community Care Program and
2Comprehensive Case Coordination.
3 The State Board of Education is authorized to make
4transfers from line item appropriations within the same
5treasury fund for General State Aid, General State Aid - Hold
6Harmless, and Evidence-Based Funding, provided that no such
7transfer may be made unless the amount transferred is no
8longer required for the purpose for which that appropriation
9was made, to the line item appropriation for Transitional
10Assistance when the balance remaining in such line item
11appropriation is insufficient for the purpose for which the
12appropriation was made.
13 The State Board of Education is authorized to make
14transfers between the following line item appropriations
15within the same treasury fund: Disabled Student
16Services/Materials (Section 14-13.01 of the School Code),
17Disabled Student Transportation Reimbursement (Section
1814-13.01 of the School Code), Disabled Student Tuition -
19Private Tuition (Section 14-7.02 of the School Code),
20Extraordinary Special Education (Section 14-7.02b of the
21School Code), Reimbursement for Free Lunch/Breakfast Program,
22Summer School Payments (Section 18-4.3 of the School Code),
23and Transportation - Regular/Vocational Reimbursement (Section
2429-5 of the School Code). Such transfers shall be made only
25when the balance remaining in one or more such line item
26appropriations is insufficient for the purpose for which the

10300HB3817sam002- 119 -LRB103 30519 JDS 62533 a
1appropriation was made and provided that no such transfer may
2be made unless the amount transferred is no longer required
3for the purpose for which that appropriation was made.
4 The Department of Healthcare and Family Services is
5authorized to make transfers not exceeding 4% of the aggregate
6amount appropriated to it, within the same treasury fund,
7among the various line items appropriated for Medical
8Assistance.
9 The Department of Central Management Services is
10authorized to make transfers not exceeding 2% of the aggregate
11amount appropriated to it, within the same treasury fund, from
12the various line items appropriated to the Department, into
13the following line item appropriations: auto liability claims
14and related expenses and payment of claims under the State
15Employee Indemnification Act.
16 (c) The sum of such transfers for an agency in a fiscal
17year shall not exceed 2% of the aggregate amount appropriated
18to it within the same treasury fund for the following objects:
19Personal Services; Extra Help; Student and Inmate
20Compensation; State Contributions to Retirement Systems; State
21Contributions to Social Security; State Contribution for
22Employee Group Insurance; Contractual Services; Travel;
23Commodities; Printing; Equipment; Electronic Data Processing;
24Operation of Automotive Equipment; Telecommunications
25Services; Travel and Allowance for Committed, Paroled and
26Discharged Prisoners; Library Books; Federal Matching Grants

10300HB3817sam002- 120 -LRB103 30519 JDS 62533 a
1for Student Loans; Refunds; Workers' Compensation,
2Occupational Disease, and Tort Claims; Late Interest Penalties
3under the State Prompt Payment Act and Sections 368a and 370a
4of the Illinois Insurance Code; and, in appropriations to
5institutions of higher education, Awards and Grants.
6Notwithstanding the above, any amounts appropriated for
7payment of workers' compensation claims to an agency to which
8the authority to evaluate, administer and pay such claims has
9been delegated by the Department of Central Management
10Services may be transferred to any other expenditure object
11where such amounts exceed the amount necessary for the payment
12of such claims.
13 (c-1) (Blank).
14 (c-2) (Blank).
15 (c-3) (Blank).
16 (c-4) (Blank).
17 (c-5) (Blank).
18 (c-6) (Blank).
19 (c-7) (Blank).
20 (c-8) (Blank). Special provisions for State fiscal year
212022. Notwithstanding any other provision of this Section, for
22State fiscal year 2022, transfers among line item
23appropriations to a State agency from the same State treasury
24fund may be made for operational or lump sum expenses only,
25provided that the sum of such transfers for a State agency in
26State fiscal year 2022 shall not exceed 4% of the aggregate

10300HB3817sam002- 121 -LRB103 30519 JDS 62533 a
1amount appropriated to that State agency for operational or
2lump sum expenses for State fiscal year 2022. For the purpose
3of this subsection, "operational or lump sum expenses"
4includes the following objects: personal services; extra help;
5student and inmate compensation; State contributions to
6retirement systems; State contributions to social security;
7State contributions for employee group insurance; contractual
8services; travel; commodities; printing; equipment; electronic
9data processing; operation of automotive equipment;
10telecommunications services; travel and allowance for
11committed, paroled, and discharged prisoners; library books;
12federal matching grants for student loans; refunds; workers'
13compensation, occupational disease, and tort claims; Late
14Interest Penalties under the State Prompt Payment Act and
15Sections 368a and 370a of the Illinois Insurance Code; lump
16sum and other purposes; and lump sum operations. For the
17purpose of this subsection, "State agency" does not include
18the Attorney General, the Secretary of State, the Comptroller,
19the Treasurer, or the judicial or legislative branches.
20 (c-9) Special provisions for State fiscal year 2023.
21Notwithstanding any other provision of this Section, for State
22fiscal year 2023, transfers among line item appropriations to
23a State agency from the same State treasury fund may be made
24for operational or lump sum expenses only, provided that the
25sum of such transfers for a State agency in State fiscal year
262023 shall not exceed 4% of the aggregate amount appropriated

10300HB3817sam002- 122 -LRB103 30519 JDS 62533 a
1to that State agency for operational or lump sum expenses for
2State fiscal year 2023. For the purpose of this subsection,
3"operational or lump sum expenses" includes the following
4objects: personal services; extra help; student and inmate
5compensation; State contributions to retirement systems; State
6contributions to social security; State contributions for
7employee group insurance; contractual services; travel;
8commodities; printing; equipment; electronic data processing;
9operation of automotive equipment; telecommunications
10services; travel and allowance for committed, paroled, and
11discharged prisoners; library books; federal matching grants
12for student loans; refunds; workers' compensation,
13occupational disease, and tort claims; late interest penalties
14under the State Prompt Payment Act and Sections 368a and 370a
15of the Illinois Insurance Code; lump sum and other purposes;
16and lump sum operations. For the purpose of this subsection,
17"State agency" does not include the Attorney General, the
18Secretary of State, the Comptroller, the Treasurer, or the
19judicial or legislative branches.
20 (c-10) Special provisions for State fiscal year 2024.
21Notwithstanding any other provision of this Section, for State
22fiscal year 2024, transfers among line item appropriations to
23a State agency from the same State treasury fund may be made
24for operational or lump sum expenses only, provided that the
25sum of such transfers for a State agency in State fiscal year
262024 shall not exceed 8% of the aggregate amount appropriated

10300HB3817sam002- 123 -LRB103 30519 JDS 62533 a
1to that State agency for operational or lump sum expenses for
2State fiscal year 2024. For the purpose of this subsection,
3"operational or lump sum expenses" includes the following
4objects: personal services; extra help; student and inmate
5compensation; State contributions to retirement systems; State
6contributions to social security; State contributions for
7employee group insurance; contractual services; travel;
8commodities; printing; equipment; electronic data processing;
9operation of automotive equipment; telecommunications
10services; travel and allowance for committed, paroled, and
11discharged prisoners; library books; federal matching grants
12for student loans; refunds; workers' compensation,
13occupational disease, and tort claims; late interest penalties
14under the State Prompt Payment Act and Sections 368a and 370a
15of the Illinois Insurance Code; lump sum and other purposes;
16and lump sum operations. For the purpose of this subsection,
17"State agency" does not include the Attorney General, the
18Secretary of State, the Comptroller, the Treasurer, or the
19judicial or legislative branches.
20 (d) Transfers among appropriations made to agencies of the
21Legislative and Judicial departments and to the
22constitutionally elected officers in the Executive branch
23require the approval of the officer authorized in Section 10
24of this Act to approve and certify vouchers. Transfers among
25appropriations made to the University of Illinois, Southern
26Illinois University, Chicago State University, Eastern

10300HB3817sam002- 124 -LRB103 30519 JDS 62533 a
1Illinois University, Governors State University, Illinois
2State University, Northeastern Illinois University, Northern
3Illinois University, Western Illinois University, the Illinois
4Mathematics and Science Academy and the Board of Higher
5Education require the approval of the Board of Higher
6Education and the Governor. Transfers among appropriations to
7all other agencies require the approval of the Governor.
8 The officer responsible for approval shall certify that
9the transfer is necessary to carry out the programs and
10purposes for which the appropriations were made by the General
11Assembly and shall transmit to the State Comptroller a
12certified copy of the approval which shall set forth the
13specific amounts transferred so that the Comptroller may
14change his records accordingly. The Comptroller shall furnish
15the Governor with information copies of all transfers approved
16for agencies of the Legislative and Judicial departments and
17transfers approved by the constitutionally elected officials
18of the Executive branch other than the Governor, showing the
19amounts transferred and indicating the dates such changes were
20entered on the Comptroller's records.
21 (e) The State Board of Education, in consultation with the
22State Comptroller, may transfer line item appropriations for
23General State Aid or Evidence-Based Funding among the Common
24School Fund and the Education Assistance Fund, and, for State
25fiscal year 2020 and each fiscal year thereafter, the Fund for
26the Advancement of Education. With the advice and consent of

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1the Governor's Office of Management and Budget, the State
2Board of Education, in consultation with the State
3Comptroller, may transfer line item appropriations between the
4General Revenue Fund and the Education Assistance Fund for the
5following programs:
6 (1) Disabled Student Personnel Reimbursement (Section
7 14-13.01 of the School Code);
8 (2) Disabled Student Transportation Reimbursement
9 (subsection (b) of Section 14-13.01 of the School Code);
10 (3) Disabled Student Tuition - Private Tuition
11 (Section 14-7.02 of the School Code);
12 (4) Extraordinary Special Education (Section 14-7.02b
13 of the School Code);
14 (5) Reimbursement for Free Lunch/Breakfast Programs;
15 (6) Summer School Payments (Section 18-4.3 of the
16 School Code);
17 (7) Transportation - Regular/Vocational Reimbursement
18 (Section 29-5 of the School Code);
19 (8) Regular Education Reimbursement (Section 18-3 of
20 the School Code); and
21 (9) Special Education Reimbursement (Section 14-7.03
22 of the School Code).
23 (f) For State fiscal year 2020 and each fiscal year
24thereafter, the Department on Aging, in consultation with the
25State Comptroller, with the advice and consent of the
26Governor's Office of Management and Budget, may transfer line

10300HB3817sam002- 126 -LRB103 30519 JDS 62533 a
1item appropriations for purchase of services covered by the
2Community Care Program between the General Revenue Fund and
3the Commitment to Human Services Fund.
4 (g) For State fiscal year 2024 and each fiscal year
5thereafter, if requested by an agency chief executive officer
6and authorized and approved by the Comptroller, the
7Comptroller may direct and the Treasurer shall transfer funds
8from the General Revenue Fund to fund payroll expenses that
9meet the payroll transaction exception criteria as defined by
10the Comptroller in the Statewide Accounting Management System
11(SAMS) Manual. The agency shall then transfer these funds back
12to the General Revenue Fund within 7 days.
13(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
14101-275, eff. 8-9-19; 101-636, eff. 6-10-20; 102-16, eff.
156-17-21; 102-699, eff. 4-19-22.)
16 (30 ILCS 105/25) (from Ch. 127, par. 161)
17 Sec. 25. Fiscal year limitations.
18 (a) All appropriations shall be available for expenditure
19for the fiscal year or for a lesser period if the Act making
20that appropriation so specifies. A deficiency or emergency
21appropriation shall be available for expenditure only through
22June 30 of the year when the Act making that appropriation is
23enacted unless that Act otherwise provides.
24 (b) Outstanding liabilities as of June 30, payable from
25appropriations which have otherwise expired, may be paid out

10300HB3817sam002- 127 -LRB103 30519 JDS 62533 a
1of the expiring appropriations during the 2-month period
2ending at the close of business on August 31. Any service
3involving professional or artistic skills or any personal
4services by an employee whose compensation is subject to
5income tax withholding must be performed as of June 30 of the
6fiscal year in order to be considered an "outstanding
7liability as of June 30" that is thereby eligible for payment
8out of the expiring appropriation.
9 (b-1) However, payment of tuition reimbursement claims
10under Section 14-7.03 or 18-3 of the School Code may be made by
11the State Board of Education from its appropriations for those
12respective purposes for any fiscal year, even though the
13claims reimbursed by the payment may be claims attributable to
14a prior fiscal year, and payments may be made at the direction
15of the State Superintendent of Education from the fund from
16which the appropriation is made without regard to any fiscal
17year limitations, except as required by subsection (j) of this
18Section. Beginning on June 30, 2021, payment of tuition
19reimbursement claims under Section 14-7.03 or 18-3 of the
20School Code as of June 30, payable from appropriations that
21have otherwise expired, may be paid out of the expiring
22appropriation during the 4-month period ending at the close of
23business on October 31.
24 (b-2) (Blank).
25 (b-2.5) (Blank).
26 (b-2.6) (Blank).

10300HB3817sam002- 128 -LRB103 30519 JDS 62533 a
1 (b-2.6a) (Blank).
2 (b-2.6b) (Blank).
3 (b-2.6c) (Blank).
4 (b-2.6d) All outstanding liabilities as of June 30, 2020,
5payable from appropriations that would otherwise expire at the
6conclusion of the lapse period for fiscal year 2020, and
7interest penalties payable on those liabilities under the
8State Prompt Payment Act, may be paid out of the expiring
9appropriations until December 31, 2020, without regard to the
10fiscal year in which the payment is made, as long as vouchers
11for the liabilities are received by the Comptroller no later
12than September 30, 2020.
13 (b-2.6e) All outstanding liabilities as of June 30, 2021,
14payable from appropriations that would otherwise expire at the
15conclusion of the lapse period for fiscal year 2021, and
16interest penalties payable on those liabilities under the
17State Prompt Payment Act, may be paid out of the expiring
18appropriations until September 30, 2021, without regard to the
19fiscal year in which the payment is made.
20 (b-2.7) For fiscal years 2012, 2013, 2014, 2018, and each
21fiscal year thereafter 2019, 2020, 2021, 2022, and 2023,
22interest penalties payable under the State Prompt Payment Act
23associated with a voucher for which payment is issued after
24June 30 may be paid out of the next fiscal year's
25appropriation. The future year appropriation must be for the
26same purpose and from the same fund as the original payment. An

10300HB3817sam002- 129 -LRB103 30519 JDS 62533 a
1interest penalty voucher submitted against a future year
2appropriation must be submitted within 60 days after the
3issuance of the associated voucher, except that, for fiscal
4year 2018 only, an interest penalty voucher submitted against
5a future year appropriation must be submitted within 60 days
6of June 5, 2019 (the effective date of Public Act 101-10). The
7Comptroller must issue the interest payment within 60 days
8after acceptance of the interest voucher.
9 (b-3) Medical payments may be made by the Department of
10Veterans' Affairs from its appropriations for those purposes
11for any fiscal year, without regard to the fact that the
12medical services being compensated for by such payment may
13have been rendered in a prior fiscal year, except as required
14by subsection (j) of this Section. Beginning on June 30, 2021,
15medical payments payable from appropriations that have
16otherwise expired may be paid out of the expiring
17appropriation during the 4-month period ending at the close of
18business on October 31.
19 (b-4) Medical payments and child care payments may be made
20by the Department of Human Services (as successor to the
21Department of Public Aid) from appropriations for those
22purposes for any fiscal year, without regard to the fact that
23the medical or child care services being compensated for by
24such payment may have been rendered in a prior fiscal year; and
25payments may be made at the direction of the Department of
26Healthcare and Family Services (or successor agency) from the

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1Health Insurance Reserve Fund without regard to any fiscal
2year limitations, except as required by subsection (j) of this
3Section. Beginning on June 30, 2021, medical and child care
4payments made by the Department of Human Services and payments
5made at the discretion of the Department of Healthcare and
6Family Services (or successor agency) from the Health
7Insurance Reserve Fund and payable from appropriations that
8have otherwise expired may be paid out of the expiring
9appropriation during the 4-month period ending at the close of
10business on October 31.
11 (b-5) Medical payments may be made by the Department of
12Human Services from its appropriations relating to substance
13abuse treatment services for any fiscal year, without regard
14to the fact that the medical services being compensated for by
15such payment may have been rendered in a prior fiscal year,
16provided the payments are made on a fee-for-service basis
17consistent with requirements established for Medicaid
18reimbursement by the Department of Healthcare and Family
19Services, except as required by subsection (j) of this
20Section. Beginning on June 30, 2021, medical payments made by
21the Department of Human Services relating to substance abuse
22treatment services payable from appropriations that have
23otherwise expired may be paid out of the expiring
24appropriation during the 4-month period ending at the close of
25business on October 31.
26 (b-6) (Blank).

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1 (b-7) Payments may be made in accordance with a plan
2authorized by paragraph (11) or (12) of Section 405-105 of the
3Department of Central Management Services Law from
4appropriations for those payments without regard to fiscal
5year limitations.
6 (b-8) Reimbursements to eligible airport sponsors for the
7construction or upgrading of Automated Weather Observation
8Systems may be made by the Department of Transportation from
9appropriations for those purposes for any fiscal year, without
10regard to the fact that the qualification or obligation may
11have occurred in a prior fiscal year, provided that at the time
12the expenditure was made the project had been approved by the
13Department of Transportation prior to June 1, 2012 and, as a
14result of recent changes in federal funding formulas, can no
15longer receive federal reimbursement.
16 (b-9) (Blank).
17 (c) Further, payments may be made by the Department of
18Public Health and the Department of Human Services (acting as
19successor to the Department of Public Health under the
20Department of Human Services Act) from their respective
21appropriations for grants for medical care to or on behalf of
22premature and high-mortality risk infants and their mothers
23and for grants for supplemental food supplies provided under
24the United States Department of Agriculture Women, Infants and
25Children Nutrition Program, for any fiscal year without regard
26to the fact that the services being compensated for by such

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1payment may have been rendered in a prior fiscal year, except
2as required by subsection (j) of this Section. Beginning on
3June 30, 2021, payments made by the Department of Public
4Health and the Department of Human Services from their
5respective appropriations for grants for medical care to or on
6behalf of premature and high-mortality risk infants and their
7mothers and for grants for supplemental food supplies provided
8under the United States Department of Agriculture Women,
9Infants and Children Nutrition Program payable from
10appropriations that have otherwise expired may be paid out of
11the expiring appropriations during the 4-month period ending
12at the close of business on October 31.
13 (d) The Department of Public Health and the Department of
14Human Services (acting as successor to the Department of
15Public Health under the Department of Human Services Act)
16shall each annually submit to the State Comptroller, Senate
17President, Senate Minority Leader, Speaker of the House, House
18Minority Leader, and the respective Chairmen and Minority
19Spokesmen of the Appropriations Committees of the Senate and
20the House, on or before December 31, a report of fiscal year
21funds used to pay for services provided in any prior fiscal
22year. This report shall document by program or service
23category those expenditures from the most recently completed
24fiscal year used to pay for services provided in prior fiscal
25years.
26 (e) The Department of Healthcare and Family Services, the

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1Department of Human Services (acting as successor to the
2Department of Public Aid), and the Department of Human
3Services making fee-for-service payments relating to substance
4abuse treatment services provided during a previous fiscal
5year shall each annually submit to the State Comptroller,
6Senate President, Senate Minority Leader, Speaker of the
7House, House Minority Leader, the respective Chairmen and
8Minority Spokesmen of the Appropriations Committees of the
9Senate and the House, on or before November 30, a report that
10shall document by program or service category those
11expenditures from the most recently completed fiscal year used
12to pay for (i) services provided in prior fiscal years and (ii)
13services for which claims were received in prior fiscal years.
14 (f) The Department of Human Services (as successor to the
15Department of Public Aid) shall annually submit to the State
16Comptroller, Senate President, Senate Minority Leader, Speaker
17of the House, House Minority Leader, and the respective
18Chairmen and Minority Spokesmen of the Appropriations
19Committees of the Senate and the House, on or before December
2031, a report of fiscal year funds used to pay for services
21(other than medical care) provided in any prior fiscal year.
22This report shall document by program or service category
23those expenditures from the most recently completed fiscal
24year used to pay for services provided in prior fiscal years.
25 (g) In addition, each annual report required to be
26submitted by the Department of Healthcare and Family Services

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1under subsection (e) shall include the following information
2with respect to the State's Medicaid program:
3 (1) Explanations of the exact causes of the variance
4 between the previous year's estimated and actual
5 liabilities.
6 (2) Factors affecting the Department of Healthcare and
7 Family Services' liabilities, including, but not limited
8 to, numbers of aid recipients, levels of medical service
9 utilization by aid recipients, and inflation in the cost
10 of medical services.
11 (3) The results of the Department's efforts to combat
12 fraud and abuse.
13 (h) As provided in Section 4 of the General Assembly
14Compensation Act, any utility bill for service provided to a
15General Assembly member's district office for a period
16including portions of 2 consecutive fiscal years may be paid
17from funds appropriated for such expenditure in either fiscal
18year.
19 (i) An agency which administers a fund classified by the
20Comptroller as an internal service fund may issue rules for:
21 (1) billing user agencies in advance for payments or
22 authorized inter-fund transfers based on estimated charges
23 for goods or services;
24 (2) issuing credits, refunding through inter-fund
25 transfers, or reducing future inter-fund transfers during
26 the subsequent fiscal year for all user agency payments or

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

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1year in which the service was rendered.
2 (j) Notwithstanding any other provision of this Act, the
3aggregate amount of payments to be made without regard for
4fiscal year limitations as contained in subsections (b-1),
5(b-3), (b-4), (b-5), and (c) of this Section, and determined
6by using Generally Accepted Accounting Principles, shall not
7exceed the following amounts:
8 (1) $6,000,000,000 for outstanding liabilities related
9 to fiscal year 2012;
10 (2) $5,300,000,000 for outstanding liabilities related
11 to fiscal year 2013;
12 (3) $4,600,000,000 for outstanding liabilities related
13 to fiscal year 2014;
14 (4) $4,000,000,000 for outstanding liabilities related
15 to fiscal year 2015;
16 (5) $3,300,000,000 for outstanding liabilities related
17 to fiscal year 2016;
18 (6) $2,600,000,000 for outstanding liabilities related
19 to fiscal year 2017;
20 (7) $2,000,000,000 for outstanding liabilities related
21 to fiscal year 2018;
22 (8) $1,300,000,000 for outstanding liabilities related
23 to fiscal year 2019;
24 (9) $600,000,000 for outstanding liabilities related
25 to fiscal year 2020; and
26 (10) $0 for outstanding liabilities related to fiscal

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1 year 2021 and fiscal years thereafter.
2 (k) Department of Healthcare and Family Services Medical
3Assistance Payments.
4 (1) Definition of Medical Assistance.
5 For purposes of this subsection, the term "Medical
6 Assistance" shall include, but not necessarily be
7 limited to, medical programs and services authorized
8 under Titles XIX and XXI of the Social Security Act,
9 the Illinois Public Aid Code, the Children's Health
10 Insurance Program Act, the Covering ALL KIDS Health
11 Insurance Act, the Long Term Acute Care Hospital
12 Quality Improvement Transfer Program Act, and medical
13 care to or on behalf of persons suffering from chronic
14 renal disease, persons suffering from hemophilia, and
15 victims of sexual assault.
16 (2) Limitations on Medical Assistance payments that
17 may be paid from future fiscal year appropriations.
18 (A) The maximum amounts of annual unpaid Medical
19 Assistance bills received and recorded by the
20 Department of Healthcare and Family Services on or
21 before June 30th of a particular fiscal year
22 attributable in aggregate to the General Revenue Fund,
23 Healthcare Provider Relief Fund, Tobacco Settlement
24 Recovery Fund, Long-Term Care Provider Fund, and the
25 Drug Rebate Fund that may be paid in total by the
26 Department from future fiscal year Medical Assistance

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1 appropriations to those funds are: $700,000,000 for
2 fiscal year 2013 and $100,000,000 for fiscal year 2014
3 and each fiscal year thereafter.
4 (B) Bills for Medical Assistance services rendered
5 in a particular fiscal year, but received and recorded
6 by the Department of Healthcare and Family Services
7 after June 30th of that fiscal year, may be paid from
8 either appropriations for that fiscal year or future
9 fiscal year appropriations for Medical Assistance.
10 Such payments shall not be subject to the requirements
11 of subparagraph (A).
12 (C) Medical Assistance bills received by the
13 Department of Healthcare and Family Services in a
14 particular fiscal year, but subject to payment amount
15 adjustments in a future fiscal year may be paid from a
16 future fiscal year's appropriation for Medical
17 Assistance. Such payments shall not be subject to the
18 requirements of subparagraph (A).
19 (D) Medical Assistance payments made by the
20 Department of Healthcare and Family Services from
21 funds other than those specifically referenced in
22 subparagraph (A) may be made from appropriations for
23 those purposes for any fiscal year without regard to
24 the fact that the Medical Assistance services being
25 compensated for by such payment may have been rendered
26 in a prior fiscal year. Such payments shall not be

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1 subject to the requirements of subparagraph (A).
2 (3) Extended lapse period for Department of Healthcare
3 and Family Services Medical Assistance payments.
4 Notwithstanding any other State law to the contrary,
5 outstanding Department of Healthcare and Family Services
6 Medical Assistance liabilities, as of June 30th, payable
7 from appropriations which have otherwise expired, may be
8 paid out of the expiring appropriations during the 4-month
9 period ending at the close of business on October 31st.
10 (l) The changes to this Section made by Public Act 97-691
11shall be effective for payment of Medical Assistance bills
12incurred in fiscal year 2013 and future fiscal years. The
13changes to this Section made by Public Act 97-691 shall not be
14applied to Medical Assistance bills incurred in fiscal year
152012 or prior fiscal years.
16 (m) The Comptroller must issue payments against
17outstanding liabilities that were received prior to the lapse
18period deadlines set forth in this Section as soon thereafter
19as practical, but no payment may be issued after the 4 months
20following the lapse period deadline without the signed
21authorization of the Comptroller and the Governor.
22(Source: P.A. 101-10, eff. 6-5-19; 101-275, eff. 8-9-19;
23101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-291, eff.
248-6-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22.)
25 Section 5-55. The State Revenue Sharing Act is amended by

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1changing Section 12 as follows:
2 (30 ILCS 115/12) (from Ch. 85, par. 616)
3 Sec. 12. Personal Property Tax Replacement Fund. There is
4hereby created the Personal Property Tax Replacement Fund, a
5special fund in the State Treasury into which shall be paid all
6revenue realized:
7 (a) all amounts realized from the additional personal
8 property tax replacement income tax imposed by subsections
9 (c) and (d) of Section 201 of the Illinois Income Tax Act,
10 except for those amounts deposited into the Income Tax
11 Refund Fund pursuant to subsection (c) of Section 901 of
12 the Illinois Income Tax Act; and
13 (b) all amounts realized from the additional personal
14 property replacement invested capital taxes imposed by
15 Section 2a.1 of the Messages Tax Act, Section 2a.1 of the
16 Gas Revenue Tax Act, Section 2a.1 of the Public Utilities
17 Revenue Act, and Section 3 of the Water Company Invested
18 Capital Tax Act, and amounts payable to the Department of
19 Revenue under the Telecommunications Infrastructure
20 Maintenance Fee Act.
21 As soon as may be after the end of each month, the
22Department of Revenue shall certify to the Treasurer and the
23Comptroller the amount of all refunds paid out of the General
24Revenue Fund through the preceding month on account of
25overpayment of liability on taxes paid into the Personal

10300HB3817sam002- 141 -LRB103 30519 JDS 62533 a
1Property Tax Replacement Fund. Upon receipt of such
2certification, the Treasurer and the Comptroller shall
3transfer the amount so certified from the Personal Property
4Tax Replacement Fund into the General Revenue Fund.
5 The payments of revenue into the Personal Property Tax
6Replacement Fund shall be used exclusively for distribution to
7taxing districts, regional offices and officials, and local
8officials as provided in this Section and in the School Code,
9payment of the ordinary and contingent expenses of the
10Property Tax Appeal Board, payment of the expenses of the
11Department of Revenue incurred in administering the collection
12and distribution of monies paid into the Personal Property Tax
13Replacement Fund and transfers due to refunds to taxpayers for
14overpayment of liability for taxes paid into the Personal
15Property Tax Replacement Fund.
16 In addition, moneys in the Personal Property Tax
17Replacement Fund may be used to pay any of the following: (i)
18salary, stipends, and additional compensation as provided by
19law for chief election clerks, county clerks, and county
20recorders; (ii) costs associated with regional offices of
21education and educational service centers; (iii)
22reimbursements payable by the State Board of Elections under
23Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
24Election Code; (iv) expenses of the Illinois Educational Labor
25Relations Board; and (v) salary, personal services, and
26additional compensation as provided by law for court reporters

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

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11979, and on and after December 31, 1980, as soon as may be
2after January 1, March 1, April 1, May 1, July 1, August 1,
3October 1 and December 1 of each year, the Department of
4Revenue shall allocate to each taxing district as defined in
5Section 1-150 of the Property Tax Code, in accordance with the
6provisions of paragraph (2) of this Section the portion of the
7funds held in the Personal Property Tax Replacement Fund which
8is required to be distributed, as provided in paragraph (1),
9for each quarter. Provided, however, under no circumstances
10shall any taxing district during each of the first two years of
11distribution of the taxes imposed by Public Act 81-1st Special
12Session-1 be entitled to an annual allocation which is less
13than the funds such taxing district collected from the 1978
14personal property tax. Provided further that under no
15circumstances shall any taxing district during the third year
16of distribution of the taxes imposed by Public Act 81-1st
17Special Session-1 receive less than 60% of the funds such
18taxing district collected from the 1978 personal property tax.
19In the event that the total of the allocations made as above
20provided for all taxing districts, during either of such 3
21years, exceeds the amount available for distribution the
22allocation of each taxing district shall be proportionately
23reduced. Except as provided in Section 13 of this Act, the
24Department shall then certify, pursuant to appropriation, such
25allocations to the State Comptroller who shall pay over to the
26several taxing districts the respective amounts allocated to

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1them.
2 Any township which receives an allocation based in whole
3or in part upon personal property taxes which it levied
4pursuant to Section 6-507 or 6-512 of the Illinois Highway
5Code and which was previously required to be paid over to a
6municipality shall immediately pay over to that municipality a
7proportionate share of the personal property replacement funds
8which such township receives.
9 Any municipality or township, other than a municipality
10with a population in excess of 500,000, which receives an
11allocation based in whole or in part on personal property
12taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of
13the Illinois Local Library Act and which was previously
14required to be paid over to a public library shall immediately
15pay over to that library a proportionate share of the personal
16property tax replacement funds which such municipality or
17township receives; provided that if such a public library has
18converted to a library organized under the Illinois Public
19Library District Act, regardless of whether such conversion
20has occurred on, after or before January 1, 1988, such
21proportionate share shall be immediately paid over to the
22library district which maintains and operates the library.
23However, any library that has converted prior to January 1,
241988, and which hitherto has not received the personal
25property tax replacement funds, shall receive such funds
26commencing on January 1, 1988.

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1 Any township which receives an allocation based in whole
2or in part on personal property taxes which it levied pursuant
3to Section 1c of the Public Graveyards Act and which taxes were
4previously required to be paid over to or used for such public
5cemetery or cemeteries shall immediately pay over to or use
6for such public cemetery or cemeteries a proportionate share
7of the personal property tax replacement funds which the
8township receives.
9 Any taxing district which receives an allocation based in
10whole or in part upon personal property taxes which it levied
11for another governmental body or school district in Cook
12County in 1976 or for another governmental body or school
13district in the remainder of the State in 1977 shall
14immediately pay over to that governmental body or school
15district the amount of personal property replacement funds
16which such governmental body or school district would receive
17directly under the provisions of paragraph (2) of this
18Section, had it levied its own taxes.
19 (1) The portion of the Personal Property Tax
20 Replacement Fund required to be distributed as of the time
21 allocation is required to be made shall be the amount
22 available in such Fund as of the time allocation is
23 required to be made.
24 The amount available for distribution shall be the
25 total amount in the fund at such time minus the necessary
26 administrative and other authorized expenses as limited by

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1 the appropriation and the amount determined by: (a) $2.8
2 million for fiscal year 1981; (b) for fiscal year 1982,
3 .54% of the funds distributed from the fund during the
4 preceding fiscal year; (c) for fiscal year 1983 through
5 fiscal year 1988, .54% of the funds distributed from the
6 fund during the preceding fiscal year less .02% of such
7 fund for fiscal year 1983 and less .02% of such funds for
8 each fiscal year thereafter; (d) for fiscal year 1989
9 through fiscal year 2011 no more than 105% of the actual
10 administrative expenses of the prior fiscal year; (e) for
11 fiscal year 2012 and beyond, a sufficient amount to pay
12 (i) stipends, additional compensation, salary
13 reimbursements, and other amounts directed to be paid out
14 of this Fund for local officials as authorized or required
15 by statute and (ii) the ordinary and contingent expenses
16 of the Property Tax Appeal Board and the expenses of the
17 Department of Revenue incurred in administering the
18 collection and distribution of moneys paid into the Fund;
19 (f) for fiscal years 2012 and 2013 only, a sufficient
20 amount to pay stipends, additional compensation, salary
21 reimbursements, and other amounts directed to be paid out
22 of this Fund for regional offices and officials as
23 authorized or required by statute; or (g) for fiscal years
24 2018 through 2024 2023 only, a sufficient amount to pay
25 amounts directed to be paid out of this Fund for public
26 community college base operating grants and local health

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1 protection grants to certified local health departments as
2 authorized or required by appropriation or statute. Such
3 portion of the fund shall be determined after the transfer
4 into the General Revenue Fund due to refunds, if any, paid
5 from the General Revenue Fund during the preceding
6 quarter. If at any time, for any reason, there is
7 insufficient amount in the Personal Property Tax
8 Replacement Fund for payments for regional offices and
9 officials or local officials or payment of costs of
10 administration or for transfers due to refunds at the end
11 of any particular month, the amount of such insufficiency
12 shall be carried over for the purposes of payments for
13 regional offices and officials, local officials, transfers
14 into the General Revenue Fund, and costs of administration
15 to the following month or months. Net replacement revenue
16 held, and defined above, shall be transferred by the
17 Treasurer and Comptroller to the Personal Property Tax
18 Replacement Fund within 10 days of such certification.
19 (2) Each quarterly allocation shall first be
20 apportioned in the following manner: 51.65% for taxing
21 districts in Cook County and 48.35% for taxing districts
22 in the remainder of the State.
23 The Personal Property Replacement Ratio of each taxing
24district outside Cook County shall be the ratio which the Tax
25Base of that taxing district bears to the Downstate Tax Base.
26The Tax Base of each taxing district outside of Cook County is

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1the personal property tax collections for that taxing district
2for the 1977 tax year. The Downstate Tax Base is the personal
3property tax collections for all taxing districts in the State
4outside of Cook County for the 1977 tax year. The Department of
5Revenue shall have authority to review for accuracy and
6completeness the personal property tax collections for each
7taxing district outside Cook County for the 1977 tax year.
8 The Personal Property Replacement Ratio of each Cook
9County taxing district shall be the ratio which the Tax Base of
10that taxing district bears to the Cook County Tax Base. The Tax
11Base of each Cook County taxing district is the personal
12property tax collections for that taxing district for the 1976
13tax year. The Cook County Tax Base is the personal property tax
14collections for all taxing districts in Cook County for the
151976 tax year. The Department of Revenue shall have authority
16to review for accuracy and completeness the personal property
17tax collections for each taxing district within Cook County
18for the 1976 tax year.
19 For all purposes of this Section 12, amounts paid to a
20taxing district for such tax years as may be applicable by a
21foreign corporation under the provisions of Section 7-202 of
22the Public Utilities Act, as amended, shall be deemed to be
23personal property taxes collected by such taxing district for
24such tax years as may be applicable. The Director shall
25determine from the Illinois Commerce Commission, for any tax
26year as may be applicable, the amounts so paid by any such

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1foreign corporation to any and all taxing districts. The
2Illinois Commerce Commission shall furnish such information to
3the Director. For all purposes of this Section 12, the
4Director shall deem such amounts to be collected personal
5property taxes of each such taxing district for the applicable
6tax year or years.
7 Taxing districts located both in Cook County and in one or
8more other counties shall receive both a Cook County
9allocation and a Downstate allocation determined in the same
10way as all other taxing districts.
11 If any taxing district in existence on July 1, 1979 ceases
12to exist, or discontinues its operations, its Tax Base shall
13thereafter be deemed to be zero. If the powers, duties and
14obligations of the discontinued taxing district are assumed by
15another taxing district, the Tax Base of the discontinued
16taxing district shall be added to the Tax Base of the taxing
17district assuming such powers, duties and obligations.
18 If two or more taxing districts in existence on July 1,
191979, or a successor or successors thereto shall consolidate
20into one taxing district, the Tax Base of such consolidated
21taxing district shall be the sum of the Tax Bases of each of
22the taxing districts which have consolidated.
23 If a single taxing district in existence on July 1, 1979,
24or a successor or successors thereto shall be divided into two
25or more separate taxing districts, the tax base of the taxing
26district so divided shall be allocated to each of the

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1resulting taxing districts in proportion to the then current
2equalized assessed value of each resulting taxing district.
3 If a portion of the territory of a taxing district is
4disconnected and annexed to another taxing district of the
5same type, the Tax Base of the taxing district from which
6disconnection was made shall be reduced in proportion to the
7then current equalized assessed value of the disconnected
8territory as compared with the then current equalized assessed
9value within the entire territory of the taxing district prior
10to disconnection, and the amount of such reduction shall be
11added to the Tax Base of the taxing district to which
12annexation is made.
13 If a community college district is created after July 1,
141979, beginning on January 1, 1996 (the effective date of
15Public Act 89-327), its Tax Base shall be 3.5% of the sum of
16the personal property tax collected for the 1977 tax year
17within the territorial jurisdiction of the district.
18 The amounts allocated and paid to taxing districts
19pursuant to the provisions of Public Act 81-1st Special
20Session-1 shall be deemed to be substitute revenues for the
21revenues derived from taxes imposed on personal property
22pursuant to the provisions of the "Revenue Act of 1939" or "An
23Act for the assessment and taxation of private car line
24companies", approved July 22, 1943, as amended, or Section 414
25of the Illinois Insurance Code, prior to the abolition of such
26taxes and shall be used for the same purposes as the revenues

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1derived from ad valorem taxes on real estate.
2 Monies received by any taxing districts from the Personal
3Property Tax Replacement Fund shall be first applied toward
4payment of the proportionate amount of debt service which was
5previously levied and collected from extensions against
6personal property on bonds outstanding as of December 31, 1978
7and next applied toward payment of the proportionate share of
8the pension or retirement obligations of the taxing district
9which were previously levied and collected from extensions
10against personal property. For each such outstanding bond
11issue, the County Clerk shall determine the percentage of the
12debt service which was collected from extensions against real
13estate in the taxing district for 1978 taxes payable in 1979,
14as related to the total amount of such levies and collections
15from extensions against both real and personal property. For
161979 and subsequent years' taxes, the County Clerk shall levy
17and extend taxes against the real estate of each taxing
18district which will yield the said percentage or percentages
19of the debt service on such outstanding bonds. The balance of
20the amount necessary to fully pay such debt service shall
21constitute a first and prior lien upon the monies received by
22each such taxing district through the Personal Property Tax
23Replacement Fund and shall be first applied or set aside for
24such purpose. In counties having fewer than 3,000,000
25inhabitants, the amendments to this paragraph as made by
26Public Act 81-1255 shall be first applicable to 1980 taxes to

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1be collected in 1981.
2(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
3102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
4 Section 5-60. The Railsplitter Tobacco Settlement
5Authority Act is amended by changing Section 3-5 as follows:
6 (30 ILCS 171/3-5)
7 Sec. 3-5. Certain powers of the Authority. The Authority
8shall have the power to:
9 (1) sue and be sued;
10 (2) have a seal and alter the same at pleasure;
11 (3) make and alter by-laws for its organization and
12 internal management and make rules and regulations
13 governing the use of its property and facilities;
14 (4) appoint by and with the consent of the Attorney
15 General, assistant attorneys for such Authority; those
16 assistant attorneys shall be under the control, direction,
17 and supervision of the Attorney General and shall serve at
18 his or her pleasure;
19 (5) retain special counsel, subject to the approval of
20 the Attorney General, as needed from time to time, and fix
21 their compensation, provided however, such special counsel
22 shall be subject to the control, direction and supervision
23 of the Attorney General and shall serve at his or her
24 pleasure;

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1 (6) make and execute contracts and all other
2 instruments necessary or convenient for the exercise of
3 its powers and functions under this Section and to
4 commence any action to protect or enforce any right
5 conferred upon it by any law, contract, or other
6 agreement, provided that any underwriter, financial
7 advisor, bond counsel, or other professional providing
8 services to the Authority may be selected pursuant to
9 solicitations issued and completed by the Governor's
10 Office of Management and Budget for those services;
11 (7) appoint officers and agents, prescribe their
12 duties and qualifications, fix their compensation and
13 engage the services of private consultants and counsel on
14 a contract basis for rendering professional and technical
15 assistance and advice, provided that this shall not be
16 construed to limit the authority of the Attorney General
17 provided in Section 4 of the Attorney General Act;
18 (8) pay its operating expenses and its financing
19 costs, including its reasonable costs of issuance and sale
20 and those of the Attorney General, if any, in a total
21 amount not greater than 1% of the principal amount of the
22 proceeds of the bond sale;
23 (9) borrow money in its name and issue negotiable
24 bonds and provide for the rights of the holders thereof as
25 otherwise provided in this Act;
26 (10) procure insurance against any loss in connection

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1 with its activities, properties, and assets in such amount
2 and from such insurers as it deems desirable;
3 (11) invest any funds or other moneys under its
4 custody and control in investment securities, including in
5 defeasance collateral, as that term is defined in any bond
6 indenture to which the Authority is party, or under any
7 related bond facility;
8 (12) as security for the payment of the principal of
9 and interest on any bonds issued by it pursuant to this Act
10 and any agreement made in connection therewith and for its
11 obligations under any related bond facility, pledge all or
12 any part of the tobacco settlement revenues;
13 (13) receive payments, transfers of funds, or other
14 moneys from any source in furtherance of a defeasance of
15 bonds, provide notice to an indenture trustee of the
16 defeasance of outstanding bonds, and execute and deliver
17 those instruments necessary to discharge the lien of the
18 trustee and the security interest of the holders of
19 outstanding bonds created under an indenture; and
20 (14) do any and all things necessary or convenient to
21 carry out its purposes and exercise the powers expressly
22 given and granted in this Section.
23(Source: P.A. 96-958, eff. 7-1-10.)
24 Section 5-62. The Illinois Procurement Code is amended by
25changing Sections 1-10, 10-10, and 10-20 as follows:

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1 (30 ILCS 500/1-10)
2 Sec. 1-10. Application.
3 (a) This Code applies only to procurements for which
4bidders, offerors, potential contractors, or contractors were
5first solicited on or after July 1, 1998. This Code shall not
6be construed to affect or impair any contract, or any
7provision of a contract, entered into based on a solicitation
8prior to the implementation date of this Code as described in
9Article 99, including, but not limited to, any covenant
10entered into with respect to any revenue bonds or similar
11instruments. All procurements for which contracts are
12solicited between the effective date of Articles 50 and 99 and
13July 1, 1998 shall be substantially in accordance with this
14Code and its intent.
15 (b) This Code shall apply regardless of the source of the
16funds with which the contracts are paid, including federal
17assistance moneys. This Code shall not apply to:
18 (1) Contracts between the State and its political
19 subdivisions or other governments, or between State
20 governmental bodies, except as specifically provided in
21 this Code.
22 (2) Grants, except for the filing requirements of
23 Section 20-80.
24 (3) Purchase of care, except as provided in Section
25 5-30.6 of the Illinois Public Aid Code and this Section.

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1 (4) Hiring of an individual as an employee and not as
2 an independent contractor, whether pursuant to an
3 employment code or policy or by contract directly with
4 that individual.
5 (5) Collective bargaining contracts.
6 (6) Purchase of real estate, except that notice of
7 this type of contract with a value of more than $25,000
8 must be published in the Procurement Bulletin within 10
9 calendar days after the deed is recorded in the county of
10 jurisdiction. The notice shall identify the real estate
11 purchased, the names of all parties to the contract, the
12 value of the contract, and the effective date of the
13 contract.
14 (7) Contracts necessary to prepare for anticipated
15 litigation, enforcement actions, or investigations,
16 provided that the chief legal counsel to the Governor
17 shall give his or her prior approval when the procuring
18 agency is one subject to the jurisdiction of the Governor,
19 and provided that the chief legal counsel of any other
20 procuring entity subject to this Code shall give his or
21 her prior approval when the procuring entity is not one
22 subject to the jurisdiction of the Governor.
23 (8) (Blank).
24 (9) Procurement expenditures by the Illinois
25 Conservation Foundation when only private funds are used.
26 (10) (Blank).

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1 (11) Public-private agreements entered into according
2 to the procurement requirements of Section 20 of the
3 Public-Private Partnerships for Transportation Act and
4 design-build agreements entered into according to the
5 procurement requirements of Section 25 of the
6 Public-Private Partnerships for Transportation Act.
7 (12) (A) Contracts for legal, financial, and other
8 professional and artistic services entered into by the
9 Illinois Finance Authority in which the State of Illinois
10 is not obligated. Such contracts shall be awarded through
11 a competitive process authorized by the members of the
12 Illinois Finance Authority and are subject to Sections
13 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
14 as well as the final approval by the members of the
15 Illinois Finance Authority of the terms of the contract.
16 (B) Contracts for legal and financial services entered
17 into by the Illinois Housing Development Authority in
18 connection with the issuance of bonds in which the State
19 of Illinois is not obligated. Such contracts shall be
20 awarded through a competitive process authorized by the
21 members of the Illinois Housing Development Authority and
22 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
23 and 50-37 of this Code, as well as the final approval by
24 the members of the Illinois Housing Development Authority
25 of the terms of the contract.
26 (13) Contracts for services, commodities, and

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1 equipment to support the delivery of timely forensic
2 science services in consultation with and subject to the
3 approval of the Chief Procurement Officer as provided in
4 subsection (d) of Section 5-4-3a of the Unified Code of
5 Corrections, except for the requirements of Sections
6 20-60, 20-65, 20-70, and 20-160 and Article 50 of this
7 Code; however, the Chief Procurement Officer may, in
8 writing with justification, waive any certification
9 required under Article 50 of this Code. For any contracts
10 for services which are currently provided by members of a
11 collective bargaining agreement, the applicable terms of
12 the collective bargaining agreement concerning
13 subcontracting shall be followed.
14 On and after January 1, 2019, this paragraph (13),
15 except for this sentence, is inoperative.
16 (14) Contracts for participation expenditures required
17 by a domestic or international trade show or exhibition of
18 an exhibitor, member, or sponsor.
19 (15) Contracts with a railroad or utility that
20 requires the State to reimburse the railroad or utilities
21 for the relocation of utilities for construction or other
22 public purpose. Contracts included within this paragraph
23 (15) shall include, but not be limited to, those
24 associated with: relocations, crossings, installations,
25 and maintenance. For the purposes of this paragraph (15),
26 "railroad" means any form of non-highway ground

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1 transportation that runs on rails or electromagnetic
2 guideways and "utility" means: (1) public utilities as
3 defined in Section 3-105 of the Public Utilities Act, (2)
4 telecommunications carriers as defined in Section 13-202
5 of the Public Utilities Act, (3) electric cooperatives as
6 defined in Section 3.4 of the Electric Supplier Act, (4)
7 telephone or telecommunications cooperatives as defined in
8 Section 13-212 of the Public Utilities Act, (5) rural
9 water or waste water systems with 10,000 connections or
10 less, (6) a holder as defined in Section 21-201 of the
11 Public Utilities Act, and (7) municipalities owning or
12 operating utility systems consisting of public utilities
13 as that term is defined in Section 11-117-2 of the
14 Illinois Municipal Code.
15 (16) Procurement expenditures necessary for the
16 Department of Public Health to provide the delivery of
17 timely newborn screening services in accordance with the
18 Newborn Metabolic Screening Act.
19 (17) Procurement expenditures necessary for the
20 Department of Agriculture, the Department of Financial and
21 Professional Regulation, the Department of Human Services,
22 and the Department of Public Health to implement the
23 Compassionate Use of Medical Cannabis Program and Opioid
24 Alternative Pilot Program requirements and ensure access
25 to medical cannabis for patients with debilitating medical
26 conditions in accordance with the Compassionate Use of

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1 Medical Cannabis Program Act.
2 (18) This Code does not apply to any procurements
3 necessary for the Department of Agriculture, the
4 Department of Financial and Professional Regulation, the
5 Department of Human Services, the Department of Commerce
6 and Economic Opportunity, and the Department of Public
7 Health to implement the Cannabis Regulation and Tax Act if
8 the applicable agency has made a good faith determination
9 that it is necessary and appropriate for the expenditure
10 to fall within this exemption and if the process is
11 conducted in a manner substantially in accordance with the
12 requirements of Sections 20-160, 25-60, 30-22, 50-5,
13 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
14 50-36, 50-37, 50-38, and 50-50 of this Code; however, for
15 Section 50-35, compliance applies only to contracts or
16 subcontracts over $100,000. Notice of each contract
17 entered into under this paragraph (18) that is related to
18 the procurement of goods and services identified in
19 paragraph (1) through (9) of this subsection shall be
20 published in the Procurement Bulletin within 14 calendar
21 days after contract execution. The Chief Procurement
22 Officer shall prescribe the form and content of the
23 notice. Each agency shall provide the Chief Procurement
24 Officer, on a monthly basis, in the form and content
25 prescribed by the Chief Procurement Officer, a report of
26 contracts that are related to the procurement of goods and

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1 services identified in this subsection. At a minimum, this
2 report shall include the name of the contractor, a
3 description of the supply or service provided, the total
4 amount of the contract, the term of the contract, and the
5 exception to this Code utilized. A copy of any or all of
6 these contracts shall be made available to the Chief
7 Procurement Officer immediately upon request. The Chief
8 Procurement Officer shall submit a report to the Governor
9 and General Assembly no later than November 1 of each year
10 that includes, at a minimum, an annual summary of the
11 monthly information reported to the Chief Procurement
12 Officer. This exemption becomes inoperative 5 years after
13 June 25, 2019 (the effective date of Public Act 101-27).
14 (19) Acquisition of modifications or adjustments,
15 limited to assistive technology devices and assistive
16 technology services, adaptive equipment, repairs, and
17 replacement parts to provide reasonable accommodations (i)
18 that enable a qualified applicant with a disability to
19 complete the job application process and be considered for
20 the position such qualified applicant desires, (ii) that
21 modify or adjust the work environment to enable a
22 qualified current employee with a disability to perform
23 the essential functions of the position held by that
24 employee, (iii) to enable a qualified current employee
25 with a disability to enjoy equal benefits and privileges
26 of employment as are enjoyed by other similarly situated

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1 employees without disabilities, and (iv) that allow a
2 customer, client, claimant, or member of the public
3 seeking State services full use and enjoyment of and
4 access to its programs, services, or benefits.
5 For purposes of this paragraph (19):
6 "Assistive technology devices" means any item, piece
7 of equipment, or product system, whether acquired
8 commercially off the shelf, modified, or customized, that
9 is used to increase, maintain, or improve functional
10 capabilities of individuals with disabilities.
11 "Assistive technology services" means any service that
12 directly assists an individual with a disability in
13 selection, acquisition, or use of an assistive technology
14 device.
15 "Qualified" has the same meaning and use as provided
16 under the federal Americans with Disabilities Act when
17 describing an individual with a disability.
18 (20) Procurement expenditures necessary for the
19 Illinois Commerce Commission to hire third-party
20 facilitators pursuant to Sections 16-105.17 and 16-108.18
21 of the Public Utilities Act or an ombudsman pursuant to
22 Section 16-107.5 of the Public Utilities Act, a
23 facilitator pursuant to Section 16-105.17 of the Public
24 Utilities Act, or a grid auditor pursuant to Section
25 16-105.10 of the Public Utilities Act.
26 (21) Procurement expenditures for the purchase,

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1 renewal, and expansion of software, software licenses, or
2 software maintenance agreements that support the efforts
3 of the Illinois State Police to enforce, regulate, and
4 administer the Firearm Owners Identification Card Act, the
5 Firearm Concealed Carry Act, the Firearms Restraining
6 Order Act, the Firearm Dealer License Certification Act,
7 the Law Enforcement Agencies Data System (LEADS), the
8 Uniform Crime Reporting Act, the Criminal Identification
9 Act, the Uniform Conviction Information Act, and the Gun
10 Trafficking Information Act, or establish or maintain
11 record management systems necessary to conduct human
12 trafficking investigations or gun trafficking or other
13 stolen firearm investigations. This paragraph (21) applies
14 to contracts entered into on or after the effective date
15 of this amendatory Act of the 102nd General Assembly and
16 the renewal of contracts that are in effect on the
17 effective date of this amendatory Act of the 102nd General
18 Assembly.
19 (22) Contracts for project management services and
20 system integration services required for the completion of
21 the State's enterprise resource planning project. This
22 exemption becomes inoperative 5 years after the effective
23 date of this amendatory Act of the 103rd General Assembly.
24 This paragraph (22) applies to contracts entered into on
25 or after the effective date of this amendatory Act of the
26 103rd General Assembly and the renewal of contracts that

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1 are in effect on the effective date of this amendatory Act
2 of the 103rd General Assembly.
3 Notwithstanding any other provision of law, for contracts
4with an annual value of more than $100,000 entered into on or
5after October 1, 2017 under an exemption provided in any
6paragraph of this subsection (b), except paragraph (1), (2),
7or (5), each State agency shall post to the appropriate
8procurement bulletin the name of the contractor, a description
9of the supply or service provided, the total amount of the
10contract, the term of the contract, and the exception to the
11Code utilized. The chief procurement officer shall submit a
12report to the Governor and General Assembly no later than
13November 1 of each year that shall include, at a minimum, an
14annual summary of the monthly information reported to the
15chief procurement officer.
16 (c) This Code does not apply to the electric power
17procurement process provided for under Section 1-75 of the
18Illinois Power Agency Act and Section 16-111.5 of the Public
19Utilities Act.
20 (d) Except for Section 20-160 and Article 50 of this Code,
21and as expressly required by Section 9.1 of the Illinois
22Lottery Law, the provisions of this Code do not apply to the
23procurement process provided for under Section 9.1 of the
24Illinois Lottery Law.
25 (e) This Code does not apply to the process used by the
26Capital Development Board to retain a person or entity to

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1assist the Capital Development Board with its duties related
2to the determination of costs of a clean coal SNG brownfield
3facility, as defined by Section 1-10 of the Illinois Power
4Agency Act, as required in subsection (h-3) of Section 9-220
5of the Public Utilities Act, including calculating the range
6of capital costs, the range of operating and maintenance
7costs, or the sequestration costs or monitoring the
8construction of clean coal SNG brownfield facility for the
9full duration of construction.
10 (f) (Blank).
11 (g) (Blank).
12 (h) This Code does not apply to the process to procure or
13contracts entered into in accordance with Sections 11-5.2 and
1411-5.3 of the Illinois Public Aid Code.
15 (i) Each chief procurement officer may access records
16necessary to review whether a contract, purchase, or other
17expenditure is or is not subject to the provisions of this
18Code, unless such records would be subject to attorney-client
19privilege.
20 (j) This Code does not apply to the process used by the
21Capital Development Board to retain an artist or work or works
22of art as required in Section 14 of the Capital Development
23Board Act.
24 (k) This Code does not apply to the process to procure
25contracts, or contracts entered into, by the State Board of
26Elections or the State Electoral Board for hearing officers

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1appointed pursuant to the Election Code.
2 (l) This Code does not apply to the processes used by the
3Illinois Student Assistance Commission to procure supplies and
4services paid for from the private funds of the Illinois
5Prepaid Tuition Fund. As used in this subsection (l), "private
6funds" means funds derived from deposits paid into the
7Illinois Prepaid Tuition Trust Fund and the earnings thereon.
8 (m) This Code shall apply regardless of the source of
9funds with which contracts are paid, including federal
10assistance moneys. Except as specifically provided in this
11Code, this Code shall not apply to procurement expenditures
12necessary for the Department of Public Health to conduct the
13Healthy Illinois Survey in accordance with Section 2310-431 of
14the Department of Public Health Powers and Duties Law of the
15Civil Administrative Code of Illinois.
16(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
17101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
181-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
19eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
20102-1116, eff. 1-10-23.)
21 (30 ILCS 500/10-10)
22 Sec. 10-10. Independent State purchasing officers.
23 (a) The chief procurement officer shall appoint and
24determine the salary of a State purchasing officer for each
25agency that the chief procurement officer is responsible for

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1under Section 1-15.15. A State purchasing officer shall be
2located in the State agency that the officer serves but shall
3report to his or her respective chief procurement officer. The
4State purchasing officer shall have direct communication with
5agency staff assigned to assist with any procurement process.
6At the direction of his or her respective chief procurement
7officer, a State purchasing officer shall have the authority
8to (i) review any contract or contract amendment prior to
9execution to ensure that applicable procurement and
10contracting standards were followed and (ii) approve or reject
11contracts for a purchasing agency. If the State purchasing
12officer provides written approval of the contract, the head of
13the applicable State agency shall have the authority to sign
14and enter into that contract. All actions of a State
15purchasing officer are subject to review by a chief
16procurement officer in accordance with procedures and policies
17established by the chief procurement officer.
18 (a-5) A State purchasing officer may (i) attend any
19procurement meetings; (ii) access any records or files related
20to procurement; (iii) submit reports to the chief procurement
21officer on procurement issues; (iv) ensure the State agency is
22maintaining appropriate records; and (v) ensure transparency
23of the procurement process.
24 (a-10) If a State purchasing officer is aware of
25misconduct, waste, or inefficiency with respect to State
26procurement, the State purchasing officer shall advise the

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

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1recommendation on whether the State purchasing officer shall
2be removed. The salary of a State purchasing officer shall be
3established by the chief procurement officer and may not be
4diminished during the officer's term. In the absence of an
5appointed State purchasing officer, the applicable chief
6procurement officer shall exercise the procurement authority
7created by this Code and may appoint a temporary acting State
8purchasing officer.
9 (c) Each State purchasing officer owes a fiduciary duty to
10the State.
11(Source: P.A. 100-43, eff. 8-9-17.)
12 (30 ILCS 500/10-20)
13 Sec. 10-20. Independent chief procurement officers.
14 (a) Appointment. Within 60 calendar days after the
15effective date of this amendatory Act of the 96th General
16Assembly, the Executive Ethics Commission, with the advice and
17consent of the Senate shall appoint or approve 4 chief
18procurement officers, one for each of the following
19categories:
20 (1) for procurements for construction and
21 construction-related services committed by law to the
22 jurisdiction or responsibility of the Capital Development
23 Board;
24 (2) for procurements for all construction,
25 construction-related services, operation of any facility,

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1 and the provision of any service or activity committed by
2 law to the jurisdiction or responsibility of the Illinois
3 Department of Transportation, including the direct or
4 reimbursable expenditure of all federal funds for which
5 the Department of Transportation is responsible or
6 accountable for the use thereof in accordance with federal
7 law, regulation, or procedure, the chief procurement
8 officer recommended for approval under this item appointed
9 by the Secretary of Transportation after consent by the
10 Executive Ethics Commission;
11 (3) for all procurements made by a public institution
12 of higher education; and
13 (4) for all other procurement needs of State agencies.
14 For fiscal year 2024, the Executive Ethics Commission
15shall set aside from its appropriation those amounts necessary
16for the use of the 4 chief procurement officers for the
17ordinary and contingent expenses of their respective
18procurement offices. From the amounts set aside by the
19Commission, each chief procurement officer shall control the
20internal operations of his or her procurement office and shall
21procure the necessary equipment, materials, and services to
22perform the duties of that office, including hiring necessary
23procurement personnel, legal advisors and other employees, and
24may establish, in the exercise of the chief procurement
25officer's discretion, the compensation of the office's
26employees, which includes the State purchasing officers and

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1any legal advisors. The Executive Ethics Commission shall have
2no control over the employees of the chief procurement
3officers. The Executive Ethics Commission shall provide
4administrative support services, including payroll, for each
5procurement office. A chief procurement officer shall be
6responsible to the Executive Ethics Commission but must be
7located within the agency that the officer provides with
8procurement services. The chief procurement officer for higher
9education shall have an office located within the Board of
10Higher Education, unless otherwise designated by the Executive
11Ethics Commission. The chief procurement officer for all other
12procurement needs of the State shall have an office located
13within the Department of Central Management Services, unless
14otherwise designated by the Executive Ethics Commission.
15 (b) Terms and independence. Each chief procurement officer
16appointed under this Section shall serve for a term of 5 years
17beginning on the date of the officer's appointment. The chief
18procurement officer may be removed for cause after a hearing
19by the Executive Ethics Commission. The Governor or the
20director of a State agency directly responsible to the
21Governor may institute a complaint against the officer by
22filing such complaint with the Commission. The Commission
23shall have a hearing based on the complaint. The officer and
24the complainant shall receive reasonable notice of the hearing
25and shall be permitted to present their respective arguments
26on the complaint. After the hearing, the Commission shall make

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1a finding on the complaint and may take disciplinary action,
2including but not limited to removal of the officer.
3 The salary of a chief procurement officer shall be
4established by the Executive Ethics Commission and may not be
5diminished during the officer's term. The salary may not
6exceed the salary of the director of a State agency for which
7the officer serves as chief procurement officer.
8 (c) Qualifications. In addition to any other requirement
9or qualification required by State law, each chief procurement
10officer must within 12 months of employment be a Certified
11Professional Public Buyer or a Certified Public Purchasing
12Officer, pursuant to certification by the Universal Public
13Purchasing Certification Council, and must reside in Illinois.
14 (d) Fiduciary duty. Each chief procurement officer owes a
15fiduciary duty to the State.
16 (e) Vacancy. In case of a vacancy in one or more of the
17offices of a chief procurement officer under this Section
18during the recess of the Senate, the Executive Ethics
19Commission shall make a temporary appointment until the next
20meeting of the Senate, when the Executive Ethics Commission
21shall nominate some person to fill the office, and any person
22so nominated who is confirmed by the Senate shall hold office
23during the remainder of the term and until his or her successor
24is appointed and qualified. If the Senate is not in session at
25the time this amendatory Act of the 96th General Assembly
26takes effect, the Executive Ethics Commission shall make a

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1temporary appointment as in the case of a vacancy.
2 (f) (Blank).
3 (g) (Blank).
4(Source: P.A. 98-1076, eff. 1-1-15.)
5 Section 5-65. The Illinois Works Jobs Program Act is
6amended by changing Section 20-15 as follows:
7 (30 ILCS 559/20-15)
8 Sec. 20-15. Illinois Works Preapprenticeship Program;
9Illinois Works Bid Credit Program.
10 (a) The Illinois Works Preapprenticeship Program is
11established and shall be administered by the Department. The
12goal of the Illinois Works Preapprenticeship Program is to
13create a network of community-based organizations throughout
14the State that will recruit, prescreen, and provide
15preapprenticeship skills training, for which participants may
16attend free of charge and receive a stipend, to create a
17qualified, diverse pipeline of workers who are prepared for
18careers in the construction and building trades. Upon
19completion of the Illinois Works Preapprenticeship Program,
20the candidates will be skilled and work-ready.
21 (b) There is created the Illinois Works Fund, a special
22fund in the State treasury. The Illinois Works Fund shall be
23administered by the Department. The Illinois Works Fund shall
24be used to provide funding for community-based organizations

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1throughout the State. In addition to any other transfers that
2may be provided for by law, on and after July 1, 2019 at the
3direction of the Director of the Governor's Office of
4Management and Budget, the State Comptroller shall direct and
5the State Treasurer shall transfer amounts not exceeding a
6total of $50,000,000 $25,000,000 from the Rebuild Illinois
7Projects Fund to the Illinois Works Fund.
8 (c) Each community-based organization that receives
9funding from the Illinois Works Fund shall provide an annual
10report to the Illinois Works Review Panel by April 1 of each
11calendar year. The annual report shall include the following
12information:
13 (1) a description of the community-based
14 organization's recruitment, screening, and training
15 efforts;
16 (2) the number of individuals who apply to,
17 participate in, and complete the community-based
18 organization's program, broken down by race, gender, age,
19 and veteran status; and
20 (3) the number of the individuals referenced in item (2)
21 of this subsection who are initially accepted and placed
22 into apprenticeship programs in the construction and
23 building trades.
24 (d) The Department shall create and administer the
25Illinois Works Bid Credit Program that shall provide economic
26incentives, through bid credits, to encourage contractors and

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1subcontractors to provide contracting and employment
2opportunities to historically underrepresented populations in
3the construction industry.
4 The Illinois Works Bid Credit Program shall allow
5contractors and subcontractors to earn bid credits for use
6toward future bids for public works projects contracted by the
7State or an agency of the State in order to increase the
8chances that the contractor and the subcontractors will be
9selected.
10 Contractors or subcontractors may be eligible for bid
11credits for employing apprentices who have completed the
12Illinois Works Preapprenticeship Program on public works
13projects contracted by the State or any agency of the State.
14Contractors or subcontractors shall earn bid credits at a rate
15established by the Department and based on labor hours worked
16on State-contracted public works projects by apprentices who
17have completed the Illinois Works Preapprenticeship Program.
18The Department shall establish the rate by rule and shall
19publish it on the Department's website. The rule may include
20maximum bid credits allowed per contractor, per subcontractor,
21per apprentice, per bid, or per year.
22 The Illinois Works Credit Bank is hereby created and shall
23be administered by the Department. The Illinois Works Credit
24Bank shall track the bid credits.
25 A contractor or subcontractor who has been awarded bid
26credits under any other State program for employing

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1apprentices who have completed the Illinois Works
2Preapprenticeship Program is not eligible to receive bid
3credits under the Illinois Works Bid Credit Program relating
4to the same contract.
5 The Department shall report to the Illinois Works Review
6Panel the following: (i) the number of bid credits awarded by
7the Department; (ii) the number of bid credits submitted by
8the contractor or subcontractor to the agency administering
9the public works contract; and (iii) the number of bid credits
10accepted by the agency for such contract. Any agency that
11awards bid credits pursuant to the Illinois Works Credit Bank
12Program shall report to the Department the number of bid
13credits it accepted for the public works contract.
14 Upon a finding that a contractor or subcontractor has
15reported falsified records to the Department in order to
16fraudulently obtain bid credits, the Department may bar the
17contractor or subcontractor from participating in the Illinois
18Works Bid Credit Program and may suspend the contractor or
19subcontractor from bidding on or participating in any public
20works project. False or fraudulent claims for payment relating
21to false bid credits may be subject to damages and penalties
22under applicable law.
23 (e) The Department shall adopt any rules deemed necessary
24to implement this Section. In order to provide for the
25expeditious and timely implementation of this Act, the
26Department may adopt emergency rules. The adoption of

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1emergency rules authorized by this subsection is deemed to be
2necessary for the public interest, safety, and welfare.
3(Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.)
4 Section 5-70. The Private Colleges and Universities
5Capital Distribution Formula Act is amended by changing
6Section 25-15 as follows:
7 (30 ILCS 769/25-15)
8 Sec. 25-15. Transfer of funds to another independent
9college.
10 (a) If an institution received a grant under this Article
11and subsequently fails to meet the definition of "independent
12college", the remaining funds shall be re-distributed as
13provided in Section 25-10 to those institutions that have an
14active grant under this Article, unless the campus or
15facilities for which the grant was given are subsequently
16operated by another institution that qualifies as an
17independent college under this Article.
18 (b) If the facilities of a former independent college are
19operated by another entity that qualifies as an independent
20college as provided in subsection (a) of this Section, then
21the entire balance of the grant provided under this Article
22remaining on the date the former independent college ceased
23operations, including any amount that had been withheld after
24the former independent college ceased operations, shall be

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1transferred to the successor independent college for the
2purpose of the grant operating those facilities for the
3duration of the grant.
4 (c) In the event that, on or before July 16, 2014 (the
5effective date of Public Act 98-715) this amendatory Act of
6the 98th General Assembly, the remaining funds have been
7re-allocated or re-distributed to other independent colleges,
8or the Illinois Board of Higher Education has planned for the
9remaining funds to be re-allocated or re-distributed to other
10independent colleges, before the 5-year period provided under
11this Act for the utilization of funds has ended, any funds so
12re-allocated or re-distributed shall be deducted from future
13allocations to those other independent colleges and
14re-allocated or re-distributed to the initial institution or
15the successor entity operating the facilities of the original
16institution if: (i) the institution that failed to meet the
17definition of "independent college" once again meets the
18definition of "independent college" before the 5-year period
19has expired; or (ii) the facility or facilities of the former
20independent college are operated by another entity that
21qualifies as an independent college before the 5-year period
22has expired.
23 (d) Notwithstanding subsection (a) of this Section, on or
24after the effective date of this amendatory Act of the 103rd
25General Assembly, remaining funds returned to the State by an
26institution that failed to meet the definition of "independent

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1college" and that received a grant from appropriations enacted
2prior to June 28, 2019, shall not be re-distributed. Any such
3funds shall instead be added to the funds made available in the
4first grant cycle under subsection (d) of Section 25-10 by the
5Board of Higher Education following the effective date of this
6amendatory Act of the 103rd General Assembly and shall be
7distributed pursuant to the formula as provided in subsection
8(d) of Section 25-10.
9(Source: P.A. 101-10, eff. 6-5-19.)
10 Section 5-75. The Illinois Income Tax Act is amended by
11changing Section 901 as follows:
12 (35 ILCS 5/901)
13 Sec. 901. Collection authority.
14 (a) In general. The Department shall collect the taxes
15imposed by this Act. The Department shall collect certified
16past due child support amounts under Section 2505-650 of the
17Department of Revenue Law of the Civil Administrative Code of
18Illinois. Except as provided in subsections (b), (c), (e),
19(f), (g), and (h) of this Section, money collected pursuant to
20subsections (a) and (b) of Section 201 of this Act shall be
21paid into the General Revenue Fund in the State treasury;
22money collected pursuant to subsections (c) and (d) of Section
23201 of this Act shall be paid into the Personal Property Tax
24Replacement Fund, a special fund in the State Treasury; and

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1money collected under Section 2505-650 of the Department of
2Revenue Law of the Civil Administrative Code of Illinois shall
3be paid into the Child Support Enforcement Trust Fund, a
4special fund outside the State Treasury, or to the State
5Disbursement Unit established under Section 10-26 of the
6Illinois Public Aid Code, as directed by the Department of
7Healthcare and Family Services.
8 (b) Local Government Distributive Fund. Beginning August
91, 2017 and continuing through July 31, 2022, the Treasurer
10shall transfer each month from the General Revenue Fund to the
11Local Government Distributive Fund an amount equal to the sum
12of: (i) 6.06% (10% of the ratio of the 3% individual income tax
13rate prior to 2011 to the 4.95% individual income tax rate
14after July 1, 2017) of the net revenue realized from the tax
15imposed by subsections (a) and (b) of Section 201 of this Act
16upon individuals, trusts, and estates during the preceding
17month; (ii) 6.85% (10% of the ratio of the 4.8% corporate
18income tax rate prior to 2011 to the 7% corporate income tax
19rate after July 1, 2017) of the net revenue realized from the
20tax imposed by subsections (a) and (b) of Section 201 of this
21Act upon corporations during the preceding month; and (iii)
22beginning February 1, 2022, 6.06% of the net revenue realized
23from the tax imposed by subsection (p) of Section 201 of this
24Act upon electing pass-through entities. Beginning August 1,
252022 and continuing through July 31, 2023, the Treasurer shall
26transfer each month from the General Revenue Fund to the Local

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

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1Fund during the month minus the amount paid out of the General
2Revenue Fund in State warrants during that same month as
3refunds to taxpayers for overpayment of liability under the
4tax imposed by subsections (a) and (b) of Section 201 of this
5Act.
6 Notwithstanding any provision of law to the contrary,
7beginning on July 6, 2017 (the effective date of Public Act
8100-23), those amounts required under this subsection (b) to
9be transferred by the Treasurer into the Local Government
10Distributive Fund from the General Revenue Fund shall be
11directly deposited into the Local Government Distributive Fund
12as the revenue is realized from the tax imposed by subsections
13(a) and (b) of Section 201 of this Act.
14 (c) Deposits Into Income Tax Refund Fund.
15 (1) Beginning on January 1, 1989 and thereafter, the
16 Department shall deposit a percentage of the amounts
17 collected pursuant to subsections (a) and (b)(1), (2), and
18 (3) of Section 201 of this Act into a fund in the State
19 treasury known as the Income Tax Refund Fund. Beginning
20 with State fiscal year 1990 and for each fiscal year
21 thereafter, the percentage deposited into the Income Tax
22 Refund Fund during a fiscal year shall be the Annual
23 Percentage. For fiscal year 2011, the Annual Percentage
24 shall be 8.75%. For fiscal year 2012, the Annual
25 Percentage shall be 8.75%. For fiscal year 2013, the
26 Annual Percentage shall be 9.75%. For fiscal year 2014,

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1 the Annual Percentage shall be 9.5%. For fiscal year 2015,
2 the Annual Percentage shall be 10%. For fiscal year 2018,
3 the Annual Percentage shall be 9.8%. For fiscal year 2019,
4 the Annual Percentage shall be 9.7%. For fiscal year 2020,
5 the Annual Percentage shall be 9.5%. For fiscal year 2021,
6 the Annual Percentage shall be 9%. For fiscal year 2022,
7 the Annual Percentage shall be 9.25%. For fiscal year
8 2023, the Annual Percentage shall be 9.25%. For fiscal
9 year 2024, the Annual Percentage shall be 9.15%. For all
10 other fiscal years, the Annual Percentage shall be
11 calculated as a fraction, the numerator of which shall be
12 the amount of refunds approved for payment by the
13 Department during the preceding fiscal year as a result of
14 overpayment of tax liability under subsections (a) and
15 (b)(1), (2), and (3) of Section 201 of this Act plus the
16 amount of such refunds remaining approved but unpaid at
17 the end of the preceding fiscal year, minus the amounts
18 transferred into the Income Tax Refund Fund from the
19 Tobacco Settlement Recovery Fund, and the denominator of
20 which shall be the amounts which will be collected
21 pursuant to subsections (a) and (b)(1), (2), and (3) of
22 Section 201 of this Act during the preceding fiscal year;
23 except that in State fiscal year 2002, the Annual
24 Percentage shall in no event exceed 7.6%. The Director of
25 Revenue shall certify the Annual Percentage to the
26 Comptroller on the last business day of the fiscal year

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1 immediately preceding the fiscal year for which it is to
2 be effective.
3 (2) Beginning on January 1, 1989 and thereafter, the
4 Department shall deposit a percentage of the amounts
5 collected pursuant to subsections (a) and (b)(6), (7), and
6 (8), (c) and (d) of Section 201 of this Act into a fund in
7 the State treasury known as the Income Tax Refund Fund.
8 Beginning with State fiscal year 1990 and for each fiscal
9 year thereafter, the percentage deposited into the Income
10 Tax Refund Fund during a fiscal year shall be the Annual
11 Percentage. For fiscal year 2011, the Annual Percentage
12 shall be 17.5%. For fiscal year 2012, the Annual
13 Percentage shall be 17.5%. For fiscal year 2013, the
14 Annual Percentage shall be 14%. For fiscal year 2014, the
15 Annual Percentage shall be 13.4%. For fiscal year 2015,
16 the Annual Percentage shall be 14%. For fiscal year 2018,
17 the Annual Percentage shall be 17.5%. For fiscal year
18 2019, the Annual Percentage shall be 15.5%. For fiscal
19 year 2020, the Annual Percentage shall be 14.25%. For
20 fiscal year 2021, the Annual Percentage shall be 14%. For
21 fiscal year 2022, the Annual Percentage shall be 15%. For
22 fiscal year 2023, the Annual Percentage shall be 14.5%.
23 For fiscal year 2024, the Annual Percentage shall be 14%.
24 For all other fiscal years, the Annual Percentage shall be
25 calculated as a fraction, the numerator of which shall be
26 the amount of refunds approved for payment by the

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

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1 Refund Fund shall also be used to pay one-time rebate
2 payments as provided under Sections 208.5 and 212.1.
3 (2) The Director shall order payment of refunds
4 resulting from overpayment of tax liability under Section
5 201 of this Act from the Income Tax Refund Fund only to the
6 extent that amounts collected pursuant to Section 201 of
7 this Act and transfers pursuant to this subsection (d) and
8 item (3) of subsection (c) have been deposited and
9 retained in the Fund.
10 (3) As soon as possible after the end of each fiscal
11 year, the Director shall order transferred and the State
12 Treasurer and State Comptroller shall transfer from the
13 Income Tax Refund Fund to the Personal Property Tax
14 Replacement Fund an amount, certified by the Director to
15 the Comptroller, equal to the excess of the amount
16 collected pursuant to subsections (c) and (d) of Section
17 201 of this Act deposited into the Income Tax Refund Fund
18 during the fiscal year over the amount of refunds
19 resulting from overpayment of tax liability under
20 subsections (c) and (d) of Section 201 of this Act paid
21 from the Income Tax Refund Fund during the fiscal year.
22 (4) As soon as possible after the end of each fiscal
23 year, the Director shall order transferred and the State
24 Treasurer and State Comptroller shall transfer from the
25 Personal Property Tax Replacement Fund to the Income Tax
26 Refund Fund an amount, certified by the Director to the

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

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1 (e) Deposits into the Education Assistance Fund and the
2Income Tax Surcharge Local Government Distributive Fund. On
3July 1, 1991, and thereafter, of the amounts collected
4pursuant to subsections (a) and (b) of Section 201 of this Act,
5minus deposits into the Income Tax Refund Fund, the Department
6shall deposit 7.3% into the Education Assistance Fund in the
7State Treasury. Beginning July 1, 1991, and continuing through
8January 31, 1993, of the amounts collected pursuant to
9subsections (a) and (b) of Section 201 of the Illinois Income
10Tax Act, minus deposits into the Income Tax Refund Fund, the
11Department shall deposit 3.0% into the Income Tax Surcharge
12Local Government Distributive Fund in the State Treasury.
13Beginning February 1, 1993 and continuing through June 30,
141993, of the amounts collected pursuant to subsections (a) and
15(b) of Section 201 of the Illinois Income Tax Act, minus
16deposits into the Income Tax Refund Fund, the Department shall
17deposit 4.4% into the Income Tax Surcharge Local Government
18Distributive Fund in the State Treasury. Beginning July 1,
191993, and continuing through June 30, 1994, of the amounts
20collected under subsections (a) and (b) of Section 201 of this
21Act, minus deposits into the Income Tax Refund Fund, the
22Department shall deposit 1.475% into the Income Tax Surcharge
23Local Government Distributive Fund in the State Treasury.
24 (f) Deposits into the Fund for the Advancement of
25Education. Beginning February 1, 2015, the Department shall
26deposit the following portions of the revenue realized from

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

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1reduction.
2 (h) Deposits into the Tax Compliance and Administration
3Fund. Beginning on the first day of the first calendar month to
4occur on or after August 26, 2014 (the effective date of Public
5Act 98-1098), each month the Department shall pay into the Tax
6Compliance and Administration Fund, to be used, subject to
7appropriation, to fund additional auditors and compliance
8personnel at the Department, an amount equal to 1/12 of 5% of
9the cash receipts collected during the preceding fiscal year
10by the Audit Bureau of the Department from the tax imposed by
11subsections (a), (b), (c), and (d) of Section 201 of this Act,
12net of deposits into the Income Tax Refund Fund made from those
13cash receipts.
14(Source: P.A. 101-8, see Section 99 for effective date;
15101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff.
166-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658,
17eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff. 4-19-22;
18102-813, eff. 5-13-22; revised 8-2-22.)
19 Section 5-80. The Hotel Operators' Occupation Tax Act is
20amended by changing Section 6 as follows:
21 (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
22 Sec. 6. Filing of returns and distribution of revenue
23proceeds. Except as provided hereinafter in this Section, on
24or before the last day of each calendar month, every person

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

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1his returns to be filed on a quarter annual basis, with the
2return for January, February and March of a given year being
3due by April 30 of such year; with the return for April, May
4and June of a given year being due by July 31 of such year;
5with the return for July, August and September of a given year
6being due by October 31 of such year, and with the return for
7October, November and December of a given year being due by
8January 31 of the following year.
9 If the operator's average monthly tax liability to the
10Department does not exceed $50, the Department may authorize
11his returns to be filed on an annual basis, with the return for
12a given year being due by January 31 of the following year.
13 Such quarter annual and annual returns, as to form and
14substance, shall be subject to the same requirements as
15monthly returns.
16 Notwithstanding any other provision in this Act concerning
17the time within which an operator may file his return, in the
18case of any operator who ceases to engage in a kind of business
19which makes him responsible for filing returns under this Act,
20such operator shall file a final return under this Act with the
21Department not more than 1 month after discontinuing such
22business.
23 Where the same person has more than 1 business registered
24with the Department under separate registrations under this
25Act, such person shall not file each return that is due as a
26single return covering all such registered businesses, but

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1shall file separate returns for each such registered business.
2 In his return, the operator shall determine the value of
3any consideration other than money received by him in
4connection with the renting, leasing or letting of rooms in
5the course of his business and he shall include such value in
6his return. Such determination shall be subject to review and
7revision by the Department in the manner hereinafter provided
8for the correction of returns.
9 Where the operator is a corporation, the return filed on
10behalf of such corporation shall be signed by the president,
11vice-president, secretary or treasurer or by the properly
12accredited agent of such corporation.
13 The person filing the return herein provided for shall, at
14the time of filing such return, pay to the Department the
15amount of tax herein imposed. The operator filing the return
16under this Section shall, at the time of filing such return,
17pay to the Department the amount of tax imposed by this Act
18less a discount of 2.1% or $25 per calendar year, whichever is
19greater, which is allowed to reimburse the operator for the
20expenses incurred in keeping records, preparing and filing
21returns, remitting the tax and supplying data to the
22Department on request.
23 If any payment provided for in this Section exceeds the
24operator's liabilities under this Act, as shown on an original
25return, the Department may authorize the operator to credit
26such excess payment against liability subsequently to be

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1remitted to the Department under this Act, in accordance with
2reasonable rules adopted by the Department. If the Department
3subsequently determines that all or any part of the credit
4taken was not actually due to the operator, the operator's
5discount shall be reduced by an amount equal to the difference
6between the discount as applied to the credit taken and that
7actually due, and that operator shall be liable for penalties
8and interest on such difference.
9 There shall be deposited into in the Build Illinois Fund
10in the State Treasury for each State fiscal year 40% of the
11amount of total net revenue proceeds from the tax imposed by
12subsection (a) of Section 3. Of the remaining 60%: (i) ,
13$5,000,000 shall be deposited into in the Illinois Sports
14Facilities Fund and credited to the Subsidy Account each
15fiscal year by making monthly deposits in the amount of 1/8 of
16$5,000,000 plus cumulative deficiencies in such deposits for
17prior months, and (ii) an amount equal to the then applicable
18Advance Amount additional $8,000,000 shall be deposited into
19in the Illinois Sports Facilities Fund and credited to the
20Advance Account each fiscal year by making monthly deposits in
21the amount of 1/8 of the then applicable Advance Amount
22$8,000,000 plus any cumulative deficiencies in such deposits
23for prior months; provided, that for fiscal years ending after
24June 30, 2001, the amount to be so deposited into the Illinois
25Sports Facilities Fund and credited to the Advance Account
26each fiscal year shall be increased from $8,000,000 to the

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1then applicable Advance Amount and the required monthly
2deposits beginning with July 2001 shall be in the amount of 1/8
3of the then applicable Advance Amount plus any cumulative
4deficiencies in those deposits for prior months. (The deposits
5of the additional $8,000,000 or the then applicable Advance
6Amount, as applicable, during each fiscal year shall be
7treated as advances of funds to the Illinois Sports Facilities
8Authority for its corporate purposes to the extent paid to the
9Authority or its trustee and shall be repaid into the General
10Revenue Fund in the State Treasury by the State Treasurer on
11behalf of the Authority pursuant to Section 19 of the Illinois
12Sports Facilities Authority Act, as amended. If in any fiscal
13year the full amount of the then applicable Advance Amount is
14not repaid into the General Revenue Fund, then the deficiency
15shall be paid from the amount in the Local Government
16Distributive Fund that would otherwise be allocated to the
17City of Chicago under the State Revenue Sharing Act.)
18 For purposes of the foregoing paragraph, the term "Advance
19Amount" means, for fiscal year 2002, $22,179,000, and for
20subsequent fiscal years through fiscal year 2033, 105.615% of
21the Advance Amount for the immediately preceding fiscal year,
22rounded up to the nearest $1,000.
23 Of the remaining 60% of the amount of total net proceeds
24prior to August 1, 2011 from the tax imposed by subsection (a)
25of Section 3 after all required deposits in the Illinois
26Sports Facilities Fund, the amount equal to 8% of the net

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1revenue realized from this Act plus an amount equal to 8% of
2the net revenue realized from any tax imposed under Section
34.05 of the Chicago World's Fair-1992 Authority Act during the
4preceding month shall be deposited in the Local Tourism Fund
5each month for purposes authorized by Section 605-705 of the
6Department of Commerce and Economic Opportunity Law (20 ILCS
7605/605-705). Of the remaining 60% of the amount of total net
8revenue proceeds beginning on August 1, 2011 through June 30,
92023, from the tax imposed by subsection (a) of Section 3 after
10all required deposits into in the Illinois Sports Facilities
11Fund, an amount equal to 8% of the net revenue realized from
12this Act plus an amount equal to 8% of the net revenue realized
13from any tax imposed under Section 4.05 of the Chicago World's
14Fair-1992 Authority Act during the preceding month shall be
15deposited as follows: 18% of such amount shall be deposited
16into the Chicago Travel Industry Promotion Fund for the
17purposes described in subsection (n) of Section 5 of the
18Metropolitan Pier and Exposition Authority Act and the
19remaining 82% of such amount shall be deposited into the Local
20Tourism Fund each month for purposes authorized by Section
21605-705 of the Department of Commerce and Economic Opportunity
22Law. Beginning on August 1, 1999 and ending on July 31, 2011,
23an amount equal to 4.5% of the net revenue realized from the
24Hotel Operators' Occupation Tax Act during the preceding month
25shall be deposited into the International Tourism Fund for the
26purposes authorized in Section 605-707 of the Department of

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1Commerce and Economic Opportunity Law. Beginning on August 1,
22011 and through June 30, 2023, an amount equal to 4.5% of the
3net revenue realized from this Act during the preceding month
4shall be deposited as follows: 55% of such amount shall be
5deposited into the Chicago Travel Industry Promotion Fund for
6the purposes described in subsection (n) of Section 5 of the
7Metropolitan Pier and Exposition Authority Act and the
8remaining 45% of such amount deposited into the International
9Tourism Fund for the purposes authorized in Section 605-707 of
10the Department of Commerce and Economic Opportunity Law. "Net
11revenue realized for a month" means the revenue collected by
12the State under this that Act during the previous month less
13the amount paid out during that same month as refunds to
14taxpayers for overpayment of liability under this that Act.
15 Beginning on July 1, 2023, of the remaining 60% of the
16amount of total net revenue realized from the tax imposed
17under subsection (a) of Section 3, after all required deposits
18into the Illinois Sports Facilities Fund:
19 (1) an amount equal to 8% of the net revenue realized
20 under this Act for the preceding month shall be deposited
21 as follows: 82% to the Local Tourism Fund and 18% to the
22 Chicago Travel Industry Promotion Fund; and
23 (2) an amount equal to 4.5% of the net revenue
24 realized under this Act for the preceding month shall be
25 deposited as follows: 55% to the Chicago Travel Industry
26 Promotion Fund and 45% to the International Tourism Fund.

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

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

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1provided in subsection (a-1) of this Section, Section 8a,
2subdivision (h)(1) of Section 12a, Section 13a.6, and items
313, 14, 15, and 16 of Section 15, all money received by the
4Department under this Act, including payments made to the
5Department by member jurisdictions participating in the
6International Fuel Tax Agreement, shall be deposited into in a
7special fund in the State treasury, to be known as the "Motor
8Fuel Tax Fund", and shall be used as follows:
9 (a) 2 1/2 cents per gallon of the tax collected on special
10fuel under paragraph (b) of Section 2 and Section 13a of this
11Act shall be transferred to the State Construction Account
12Fund in the State Treasury; the remainder of the tax collected
13on special fuel under paragraph (b) of Section 2 and Section
1413a of this Act shall be deposited into the Road Fund;
15 (a-1) Beginning on July 1, 2019, an amount equal to the
16amount of tax collected under subsection (a) of Section 2 and
17Section 13a as a result of the increase in the tax rate under
18subsection (a) of Section 2 authorized by Public Act 101-32
19shall be deposited transferred each month into the
20Transportation Renewal Fund; provided, however, that the
21amount that represents the part (b) portion of the rate under
22Section 13a shall be deposited each month into the Motor Fuel
23Tax Fund and the Transportation Renewal Fund in the same
24proportion as the amount collected under subsection (a) of
25Section 2;
26 (b) $420,000 shall be transferred each month to the State

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

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

10300HB3817sam002- 203 -LRB103 30519 JDS 62533 a
1submit the annual and 5-year project plans for this Fund to the
2Governor, the President of the Senate, the Senate Minority
3Leader, the Speaker of the House of Representatives, and the
4Minority Leader of the House of Representatives on the first
5Wednesday in April of each year;
6 (d) of the amount remaining after allocations provided for
7in subsections (a), (a-1), (b), and (c), a sufficient amount
8shall be reserved to pay all of the following:
9 (1) the costs of the Department of Revenue in
10 administering this Act;
11 (2) the costs of the Department of Transportation in
12 performing its duties imposed by the Illinois Highway Code
13 for supervising the use of motor fuel tax funds
14 apportioned to municipalities, counties and road
15 districts;
16 (3) refunds provided for in Section 13, refunds for
17 overpayment of decal fees paid under Section 13a.4 of this
18 Act, and refunds provided for under the terms of the
19 International Fuel Tax Agreement referenced in Section
20 14a;
21 (4) from October 1, 1985 until June 30, 1994, the
22 administration of the Vehicle Emissions Inspection Law,
23 which amount shall be certified monthly by the
24 Environmental Protection Agency to the State Comptroller
25 and shall promptly be transferred by the State Comptroller
26 and Treasurer from the Motor Fuel Tax Fund to the Vehicle

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1 Inspection Fund, and for the period July 1, 1994 through
2 June 30, 2000, one-twelfth of $25,000,000 each month, for
3 the period July 1, 2000 through June 30, 2003, one-twelfth
4 of $30,000,000 each month, and $15,000,000 on July 1,
5 2003, and $15,000,000 on January 1, 2004, and $15,000,000
6 on each July 1 and October 1, or as soon thereafter as may
7 be practical, during the period July 1, 2004 through June
8 30, 2012, and $30,000,000 on June 1, 2013, or as soon
9 thereafter as may be practical, and $15,000,000 on July 1
10 and October 1, or as soon thereafter as may be practical,
11 during the period of July 1, 2013 through June 30, 2015,
12 for the administration of the Vehicle Emissions Inspection
13 Law of 2005, to be transferred by the State Comptroller
14 and Treasurer from the Motor Fuel Tax Fund into the
15 Vehicle Inspection Fund;
16 (4.5) beginning on July 1, 2019, the costs of the
17 Environmental Protection Agency for the administration of
18 the Vehicle Emissions Inspection Law of 2005 shall be
19 paid, subject to appropriation, from the Motor Fuel Tax
20 Fund into the Vehicle Inspection Fund; beginning in 2019,
21 no later than December 31 of each year, or as soon
22 thereafter as practical, the State Comptroller shall
23 direct and the State Treasurer shall transfer from the
24 Vehicle Inspection Fund to the Motor Fuel Tax Fund any
25 balance remaining in the Vehicle Inspection Fund in excess
26 of $2,000,000;

10300HB3817sam002- 205 -LRB103 30519 JDS 62533 a
1 (5) amounts ordered paid by the Court of Claims; and
2 (6) payment of motor fuel use taxes due to member
3 jurisdictions under the terms of the International Fuel
4 Tax Agreement. The Department shall certify these amounts
5 to the Comptroller by the 15th day of each month; the
6 Comptroller shall cause orders to be drawn for such
7 amounts, and the Treasurer shall administer those amounts
8 on or before the last day of each month;
9 (e) after allocations for the purposes set forth in
10subsections (a), (a-1), (b), (c), and (d), the remaining
11amount shall be apportioned as follows:
12 (1) Until January 1, 2000, 58.4%, and beginning
13 January 1, 2000, 45.6% shall be deposited as follows:
14 (A) 37% into the State Construction Account Fund,
15 and
16 (B) 63% into the Road Fund, $1,250,000 of which
17 shall be reserved each month for the Department of
18 Transportation to be used in accordance with the
19 provisions of Sections 6-901 through 6-906 of the
20 Illinois Highway Code;
21 (2) Until January 1, 2000, 41.6%, and beginning
22 January 1, 2000, 54.4% shall be transferred to the
23 Department of Transportation to be distributed as follows:
24 (A) 49.10% to the municipalities of the State,
25 (B) 16.74% to the counties of the State having
26 1,000,000 or more inhabitants,

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1 (C) 18.27% to the counties of the State having
2 less than 1,000,000 inhabitants,
3 (D) 15.89% to the road districts of the State.
4 If a township is dissolved under Article 24 of the
5 Township Code, McHenry County shall receive any moneys
6 that would have been distributed to the township under
7 this subparagraph, except that a municipality that assumes
8 the powers and responsibilities of a road district under
9 paragraph (6) of Section 24-35 of the Township Code shall
10 receive any moneys that would have been distributed to the
11 township in a percent equal to the area of the dissolved
12 road district or portion of the dissolved road district
13 over which the municipality assumed the powers and
14 responsibilities compared to the total area of the
15 dissolved township. The moneys received under this
16 subparagraph shall be used in the geographic area of the
17 dissolved township. If a township is reconstituted as
18 provided under Section 24-45 of the Township Code, McHenry
19 County or a municipality shall no longer be distributed
20 moneys under this subparagraph.
21 As soon as may be after the first day of each month, the
22Department of Transportation shall allot to each municipality
23its share of the amount apportioned to the several
24municipalities which shall be in proportion to the population
25of such municipalities as determined by the last preceding
26municipal census if conducted by the Federal Government or

10300HB3817sam002- 207 -LRB103 30519 JDS 62533 a
1Federal census. If territory is annexed to any municipality
2subsequent to the time of the last preceding census the
3corporate authorities of such municipality may cause a census
4to be taken of such annexed territory and the population so
5ascertained for such territory shall be added to the
6population of the municipality as determined by the last
7preceding census for the purpose of determining the allotment
8for that municipality. If the population of any municipality
9was not determined by the last Federal census preceding any
10apportionment, the apportionment to such municipality shall be
11in accordance with any census taken by such municipality. Any
12municipal census used in accordance with this Section shall be
13certified to the Department of Transportation by the clerk of
14such municipality, and the accuracy thereof shall be subject
15to approval of the Department which may make such corrections
16as it ascertains to be necessary.
17 As soon as may be after the first day of each month, the
18Department of Transportation shall allot to each county its
19share of the amount apportioned to the several counties of the
20State as herein provided. Each allotment to the several
21counties having less than 1,000,000 inhabitants shall be in
22proportion to the amount of motor vehicle license fees
23received from the residents of such counties, respectively,
24during the preceding calendar year. The Secretary of State
25shall, on or before April 15 of each year, transmit to the
26Department of Transportation a full and complete report

10300HB3817sam002- 208 -LRB103 30519 JDS 62533 a
1showing the amount of motor vehicle license fees received from
2the residents of each county, respectively, during the
3preceding calendar year. The Department of Transportation
4shall, each month, use for allotment purposes the last such
5report received from the Secretary of State.
6 As soon as may be after the first day of each month, the
7Department of Transportation shall allot to the several
8counties their share of the amount apportioned for the use of
9road districts. The allotment shall be apportioned among the
10several counties in the State in the proportion which the
11total mileage of township or district roads in the respective
12counties bears to the total mileage of all township and
13district roads in the State. Funds allotted to the respective
14counties for the use of road districts therein shall be
15allocated to the several road districts in the county in the
16proportion which the total mileage of such township or
17district roads in the respective road districts bears to the
18total mileage of all such township or district roads in the
19county. After July 1 of any year prior to 2011, no allocation
20shall be made for any road district unless it levied a tax for
21road and bridge purposes in an amount which will require the
22extension of such tax against the taxable property in any such
23road district at a rate of not less than either .08% of the
24value thereof, based upon the assessment for the year
25immediately prior to the year in which such tax was levied and
26as equalized by the Department of Revenue or, in DuPage

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

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1will yield an amount equal to $12,000 per mile of road under
2the jurisdiction of the road district.
3 Prior to 2011, if any road district has levied a special
4tax for road purposes pursuant to Sections 6-601, 6-602, and
56-603 of the Illinois Highway Code, and such tax was levied in
6an amount which would require extension at a rate of not less
7than .08% of the value of the taxable property thereof, as
8equalized or assessed by the Department of Revenue, or, in
9DuPage County, an amount equal to or greater than $12,000 per
10mile of road under the jurisdiction of the road district,
11whichever is less, such levy shall, however, be deemed a
12proper compliance with this Section and shall qualify such
13road district for an allotment under this Section. Beginning
14in 2011 and thereafter, if any road district has levied a
15special tax for road purposes under Sections 6-601, 6-602, and
166-603 of the Illinois Highway Code, and the tax was levied in
17an amount that would require extension at a rate of not less
18than 0.08% of the value of the taxable property of that road
19district, as equalized or assessed by the Department of
20Revenue or, in DuPage County, an amount equal to or greater
21than $12,000 per mile of road under the jurisdiction of the
22road district, whichever is less, that levy shall be deemed a
23proper compliance with this Section and shall qualify such
24road district for a full, rather than proportionate, allotment
25under this Section. If the levy for the special tax is less
26than 0.08% of the value of the taxable property, or, in DuPage

10300HB3817sam002- 211 -LRB103 30519 JDS 62533 a
1County if the levy for the special tax is less than the lesser
2of (i) 0.08% or (ii) $12,000 per mile of road under the
3jurisdiction of the road district, and if the levy for the
4special tax is more than any other levy for road and bridge
5purposes, then the levy for the special tax qualifies the road
6district for a proportionate, rather than full, allotment
7under this Section. If the levy for the special tax is equal to
8or less than any other levy for road and bridge purposes, then
9any allotment under this Section shall be determined by the
10other levy for road and bridge purposes.
11 Prior to 2011, if a township has transferred to the road
12and bridge fund money which, when added to the amount of any
13tax levy of the road district would be the equivalent of a tax
14levy requiring extension at a rate of at least .08%, or, in
15DuPage County, an amount equal to or greater than $12,000 per
16mile of road under the jurisdiction of the road district,
17whichever is less, such transfer, together with any such tax
18levy, shall be deemed a proper compliance with this Section
19and shall qualify the road district for an allotment under
20this Section.
21 In counties in which a property tax extension limitation
22is imposed under the Property Tax Extension Limitation Law,
23road districts may retain their entitlement to a motor fuel
24tax allotment or, beginning in 2011, their entitlement to a
25full allotment if, at the time the property tax extension
26limitation was imposed, the road district was levying a road

10300HB3817sam002- 212 -LRB103 30519 JDS 62533 a
1and bridge tax at a rate sufficient to entitle it to a motor
2fuel tax allotment and continues to levy the maximum allowable
3amount after the imposition of the property tax extension
4limitation. Any road district may in all circumstances retain
5its entitlement to a motor fuel tax allotment or, beginning in
62011, its entitlement to a full allotment if it levied a road
7and bridge tax in an amount that will require the extension of
8the tax against the taxable property in the road district at a
9rate of not less than 0.08% of the assessed value of the
10property, based upon the assessment for the year immediately
11preceding the year in which the tax was levied and as equalized
12by the Department of Revenue or, in DuPage County, an amount
13equal to or greater than $12,000 per mile of road under the
14jurisdiction of the road district, whichever is less.
15 As used in this Section, the term "road district" means
16any road district, including a county unit road district,
17provided for by the Illinois Highway Code; and the term
18"township or district road" means any road in the township and
19district road system as defined in the Illinois Highway Code.
20For the purposes of this Section, "township or district road"
21also includes such roads as are maintained by park districts,
22forest preserve districts and conservation districts. The
23Department of Transportation shall determine the mileage of
24all township and district roads for the purposes of making
25allotments and allocations of motor fuel tax funds for use in
26road districts.

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1 Payment of motor fuel tax moneys to municipalities and
2counties shall be made as soon as possible after the allotment
3is made. The treasurer of the municipality or county may
4invest these funds until their use is required and the
5interest earned by these investments shall be limited to the
6same uses as the principal funds.
7(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19;
8101-493, eff. 8-23-19; 102-16, eff. 6-17-21; 102-558, eff.
98-20-21; 102-699, eff. 4-19-22.)
10 Section 5-87. The Illinois Pension Code is amended by
11changing Sections 1A-112, 2-121.1, and 16-132 and by adding
12Sections 2-105.3 and 2-105.4 as follows:
13 (40 ILCS 5/1A-112)
14 Sec. 1A-112. Fees.
15 (a) Every pension fund that is required to file an annual
16statement under Section 1A-109 shall pay to the Department an
17annual compliance fee. In the case of a pension fund under
18Article 3 or 4 of this Code, (i) prior to the conclusion of the
19transition period, the annual compliance fee shall be 0.02% (2
20basis points) of the total assets of the pension fund, as
21reported in the most current annual statement of the fund, but
22not more than $8,000 and (ii) after the conclusion of the
23transition period, the annual compliance fee shall be $8,000
24and shall be paid by the Consolidated Fund. In the case of all

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1other pension funds and retirement systems, the annual
2compliance fee shall be $8,000. Effective July 1, 2023, each
3pension fund established under Article 3 or 4 of this Code
4shall pay an annual compliance fee of at least 0.02% but not
5more than 0.05% of the total assets of the pension fund, as
6reported in the most current annual statement of the fund, to
7the Department of Insurance unless the appropriate
8Consolidated Fund agrees to conduct an audit or examination of
9all pension funds as provided in Section 1A-104. The
10Department shall have the discretion to set the annual
11compliance fee to be paid by each pension fund to cover the
12cost of the compliance audits. The Department shall provide
13written notice to each Article 3 and Article 4 pension fund of
14the amount of the annual compliance fee due not less than 60
15days prior to the fee payment deadline.
16 (b) The annual compliance fee shall be due on June 30 for
17the following State fiscal year, except that the fee payable
18in 1997 for fiscal year 1998 shall be due no earlier than 30
19days following the effective date of this amendatory Act of
201997.
21 (c) Any information obtained by the Division that is
22available to the public under the Freedom of Information Act
23and is either compiled in published form or maintained on a
24computer processible medium shall be furnished upon the
25written request of any applicant and the payment of a
26reasonable information services fee established by the

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1Director, sufficient to cover the total cost to the Division
2of compiling, processing, maintaining, and generating the
3information. The information may be furnished by means of
4published copy or on a computer processed or computer
5processible medium.
6 No fee may be charged to any person for information that
7the Division is required by law to furnish to that person.
8 (d) Except as otherwise provided in this Section, all fees
9and penalties collected by the Department under this Code
10shall be deposited into the Public Pension Regulation Fund.
11 (e) Fees collected under subsection (c) of this Section
12and money collected under Section 1A-107 shall be deposited
13into the Technology Management Revolving Fund and credited to
14the account of the Department's Public Pension Division. This
15income shall be used exclusively for the purposes set forth in
16Section 1A-107. Notwithstanding the provisions of Section
17408.2 of the Illinois Insurance Code, no surplus funds
18remaining in this account shall be deposited in the Insurance
19Financial Regulation Fund. All money in this account that the
20Director certifies is not needed for the purposes set forth in
21Section 1A-107 of this Code shall be transferred to the Public
22Pension Regulation Fund.
23 (f) Nothing in this Code prohibits the General Assembly
24from appropriating funds from the General Revenue Fund to the
25Department for the purpose of administering or enforcing this
26Code.

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1(Source: P.A. 100-23, eff. 7-6-17; 101-610, eff. 1-1-20.)
2 (40 ILCS 5/2-105.3 new)
3 Sec. 2-105.3. Tier 1 participant; Tier 2 participant.
4 "Tier 1 participant": A participant who first became a
5participant before January 1, 2011.
6 "Tier 2 participant": A participant who first became a
7participant on or after January 1, 2011.
8 (40 ILCS 5/2-105.4 new)
9 Sec. 2-105.4. Tier 1 retiree. "Tier 1 retiree" means a
10former Tier 1 participant who has made the election to retire
11and has terminated service.
12 (40 ILCS 5/2-121.1) (from Ch. 108 1/2, par. 2-121.1)
13 Sec. 2-121.1. Survivor's annuity; amount annuity - amount.
14 (a) A surviving spouse shall be entitled to 66 2/3% of the
15amount of retirement annuity to which the participant or
16annuitant was entitled on the date of death, without regard to
17whether the participant had attained age 55 prior to his or her
18death, subject to a minimum payment of 10% of salary. If a
19surviving spouse, regardless of age, has in his or her care at
20the date of death any eligible child or children of the
21participant, the survivor's annuity shall be the greater of
22the following: (1) 66 2/3% of the amount of retirement annuity
23to which the participant or annuitant was entitled on the date

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1of death, or (2) 30% of the participant's salary increased by
210% of salary on account of each such child, subject to a total
3payment for the surviving spouse and children of 50% of
4salary. If eligible children survive but there is no surviving
5spouse, or if the surviving spouse dies or becomes
6disqualified by remarriage while eligible children survive,
7each eligible child shall be entitled to an annuity of 20% of
8salary, subject to a maximum total payment for all such
9children of 50% of salary.
10 However, the survivor's annuity payable under this Section
11shall not be less than 100% of the amount of retirement annuity
12to which the participant or annuitant was entitled on the date
13of death, if he or she is survived by a dependent disabled
14child.
15 The salary to be used for determining these benefits shall
16be the salary used for determining the amount of retirement
17annuity as provided in Section 2-119.01.
18 (b) Upon the death of a participant after the termination
19of service or upon death of an annuitant, the maximum total
20payment to a surviving spouse and eligible children, or to
21eligible children alone if there is no surviving spouse, shall
22be 75% of the retirement annuity to which the participant or
23annuitant was entitled, unless there is a dependent disabled
24child among the survivors.
25 (c) When a child ceases to be an eligible child, the
26annuity to that child, or to the surviving spouse on account of

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

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

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1survivor's annuity payable to an eligible survivor of a Tier 2
2participant who died in service prior to January 1, 2023 shall
3be calculated in accordance with the provisions applicable to
4the survivors of a deceased Tier 1 participant.
5Notwithstanding Section 1-103.1, the changes to this Section
6made by this amendatory Act of the 103rd General Assembly
7apply without regard to whether the participant was in active
8service before the effective date of this amendatory Act of
9the 103rd General Assembly.
10(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
11 (40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)
12 Sec. 16-132. Retirement annuity eligibility. A member who
13has at least 20 years of creditable service is entitled to a
14retirement annuity upon or after attainment of age 55. A
15member who has at least 10 but less than 20 years of creditable
16service is entitled to a retirement annuity upon or after
17attainment of age 60. A member who has at least 5 but less than
1810 years of creditable service is entitled to a retirement
19annuity upon or after attainment of age 62. A member who (i)
20has earned during the period immediately preceding the last
21day of service at least one year of contributing creditable
22service as an employee of a department as defined in Section
2314-103.04, (ii) has earned at least 5 years of contributing
24creditable service as an employee of a department as defined
25in Section 14-103.04, and (iii) retires on or after January 1,

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12001 is entitled to a retirement annuity upon or after
2attainment of an age which, when added to the number of years
3of his or her total creditable service, equals at least 85.
4Portions of years shall be counted as decimal equivalents.
5 A member who is eligible to receive a retirement annuity
6of at least 74.6% of final average salary and will attain age
755 on or before December 31 during the year which commences on
8July 1 shall be deemed to attain age 55 on the preceding June
91.
10 A member meeting the above eligibility conditions is
11entitled to a retirement annuity upon written application to
12the board setting forth the date the member wishes the
13retirement annuity to commence. However, the effective date of
14the retirement annuity shall be no earlier than the day
15following the last day of creditable service, regardless of
16the date of official termination of employment; however, upon
17written application within 6 months after the effective date
18of this amendatory Act of the 103rd General Assembly by a
19member or annuitant, the creditable service and earnings
20received in the last fiscal year of employment may be
21disregarded when determining the retirement effective date and
22the retirement benefit except that the effective date of a
23retirement annuity may be after the date of official
24termination of employment as long as such employment is for
25(1) less than 10 days in length; and (2) less than $2,500
26$2,000 in creditable earnings; and (3) the last fiscal year of

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1employment includes only a fiscal year beginning on or after
2July 1, 2016 and ending before June 30,2023 compensation. The
3retirement effective date may not, as a result of the
4application of this amendatory Act of the 103rd General
5Assembly, be earlier than July 1, 2016.
6 To be eligible for a retirement annuity, a member shall
7not be employed as a teacher in the schools included under this
8System or under Article 17, except (i) as provided in Section
916-118 or 16-150.1, (ii) if the member is disabled (in which
10event, eligibility for salary must cease), or (iii) if the
11System is required by federal law to commence payment due to
12the member's age; the changes to this sentence made by this
13amendatory Act of the 93rd General Assembly apply without
14regard to whether the member terminated employment before or
15after its effective date.
16(Source: P.A. 102-871, eff. 5-13-22.)
17 (40 ILCS 5/2-105.1 rep.)
18 (40 ILCS 5/2-105.2 rep.)
19 Section 5-88. The Illinois Pension Code is amended by
20repealing Sections 2-105.1 and 2-105.2.
21 Section 5-89. The Innovation Development and Economy Act
22is amended by changing Sections 20, 30, and 50 as follows:
23 (50 ILCS 470/20)

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

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

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

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

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

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

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1 within the proposed STAR bond project area within 10 days
2 following the date of the adoption of the resolution. The
3 resolution shall be published once in a newspaper of
4 general circulation in the political subdivision not less
5 than one week nor more than 3 weeks preceding the date
6 fixed for the public hearing. A map or aerial photo
7 clearly delineating the area of land proposed to be
8 included within the STAR bond project area shall be
9 published with the resolution.
10 (3) The hearing shall be held at a location that is
11 within 20 miles of the STAR bond district, in a facility
12 that can accommodate a large crowd, and in a facility that
13 is accessible to persons with disabilities.
14 (4) At the public hearing, a representative of the
15 political subdivision or master developer shall present
16 the STAR bond project plan. Following the presentation of
17 the STAR bond project plan, all interested persons shall
18 be given an opportunity to be heard. The governing body
19 may continue the date and time of the public hearing.
20 (g) Upon conclusion of the public hearing, the governing
21body of the political subdivision may adopt the STAR bond
22project plan by a resolution approving the STAR bond project
23plan.
24 (h) After the adoption by the corporate authorities of the
25political subdivision of a STAR bond project plan, the
26political subdivision may enter into a project development

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

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

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

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

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

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

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

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

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1not including an amount equal to the amount of refunds made
2during the second preceding calendar month by the Department,
3and not including any amount which the Department determines
4is necessary to offset any amounts which are payable to a
5different taxing body but were erroneously paid to the
6municipality or county. Within 10 days after receipt, by the
7Comptroller, of the disbursement certification to the
8municipalities and counties, provided for in this Section to
9be given to the Comptroller by the Department, the Comptroller
10shall cause the orders to be drawn for the respective amounts
11in accordance with the directions contained in such
12certification.
13 When certifying the amount of monthly disbursement to a
14municipality or county under this subsection, the Department
15shall increase or decrease that amount by an amount necessary
16to offset any misallocation of previous disbursements. The
17offset amount shall be the amount erroneously disbursed within
18the 6 months preceding the time a misallocation is discovered.
19 The corporate authorities of the political subdivision
20shall deposit the proceeds for the STAR Bonds Revenue Fund
21into a special fund of the political subdivision called the
22"(Name of political subdivision) STAR Bond District Revenue
23Fund" for the purpose of paying or reimbursing STAR bond
24project costs and obligations incurred in the payment of those
25costs.
26 If the political subdivision fails to issue STAR bonds

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1within 180 days after the first distribution to the political
2subdivision from the STAR Bonds Revenue Fund, the Department
3of Revenue shall cease distribution of the State sales tax
4increment to the political subdivision, shall transfer any
5State sales tax increment in the STAR Bonds Revenue Fund to the
6General Revenue Fund, and shall cease deposits of State sales
7tax increment amounts into the STAR Bonds Revenue Fund. The
8political subdivision shall repay all of the State sales tax
9increment distributed to the political subdivision to date,
10which amounts shall be deposited into the General Revenue
11Fund. If not repaid within 90 days after notice from the State,
12the Department of Revenue shall withhold distributions to the
13political subdivision from the Local Government Tax Fund until
14the excess amount is repaid, which withheld amounts shall be
15transferred to the General Revenue Fund. At such time as the
16political subdivision notifies the Department of Revenue in
17writing that it has issued STAR Bonds in accordance with this
18Act and provides the Department with a copy of the political
19subdivision's official statement, bond purchase agreements,
20indenture, or other evidence of bond sale, the Department of
21Revenue shall resume deposits of the State sales tax increment
22into the STAR Bonds Revenue Fund and distribution of the State
23sales tax increment to the political subdivision in accordance
24with this Section.
25 (f) As of the seventh anniversary of the first date of
26distribution of State sales tax revenues from the first STAR

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1bond project in the STAR bond district, and as of every fifth
2anniversary thereafter until final maturity of all STAR bonds
3issued in a STAR bond district, the portion of the aggregate
4proceeds of STAR bonds issued to date that is derived from the
5State sales tax increment pledged to pay STAR bonds in any STAR
6bond district shall not exceed 50% of the total development
7costs in the STAR bond district to date. The Illinois Auditor
8General shall make the foregoing determination on said seventh
9anniversary and every 5 years thereafter until final maturity
10of all STAR bonds issued in a STAR bond district. If at any
11time after the seventh anniversary of the first date of
12distribution of State sales tax revenues from the first STAR
13bond project in the STAR bond district the Illinois Auditor
14General determines that the portion of the aggregate proceeds
15of STAR bonds issued to date that is derived from the State
16sales tax increment pledged to pay STAR bonds in any STAR bond
17district has exceeded 50% of the total development costs in
18the STAR bond district, no additional STAR bonds may be issued
19in the STAR bond district until the percentage is reduced to
2050% or below. When the percentage has been reduced to 50% or
21below, the master developer shall have the right, at its own
22cost, to obtain a new audit prepared by an independent
23third-party auditor verifying compliance and shall provide
24such audit to the Illinois Auditor General for review and
25approval. Upon the Illinois Auditor General's determination
26from the audit that the percentage has been reduced to 50% or

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

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1 (50 ILCS 470/50)
2 Sec. 50. Reporting taxes. Notwithstanding any other
3provisions of law to the contrary, the Department of Revenue
4shall provide a certified report of the State sales tax
5increment and local sales tax increment from all taxpayers
6within a STAR bond district to the bond trustee, escrow agent,
7or paying agent for such bonds upon the written request of the
8political subdivision on or before the 25th day of each month.
9Such report shall provide a detailed allocation of State sales
10tax increment and local sales tax increment from each local
11sales tax and State sales tax reported to the Department of
12Revenue.
13 (a) The bond trustee, escrow agent, or paying agent shall
14keep such sales and use tax reports and the information
15contained therein confidential, but may use such information
16for purposes of allocating and depositing the sales and use
17tax revenues in connection with the bonds used to finance
18project costs in such STAR bond district. Except as otherwise
19provided herein, the sales and use tax reports received by the
20bond trustee, escrow agent, or paying agent shall be subject
21to the provisions of Chapter 35 of the Illinois Compiled
22Statutes, including Section 3 of the Retailers' Occupation Tax
23Act and Section 9 of the Use Tax Act.
24 (b) The political subdivision shall determine when the
25amount of sales tax and other revenues that have been
26collected and distributed to the bond debt service or reserve

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

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1subdivision from the Local Government Tax Fund until the
2excess amount is repaid, which withheld amounts shall be
3transferred to the General Revenue Fund.
4(Source: P.A. 96-939, eff. 6-24-10.)
5 Section 5-90. The Illinois Police Training Act is amended
6by changing Section 6 as follows:
7 (50 ILCS 705/6) (from Ch. 85, par. 506)
8 Sec. 6. Powers and duties of the Board; selection and
9certification of schools. The Board shall select and certify
10schools within the State of Illinois for the purpose of
11providing basic training for probationary law enforcement
12officers, probationary county corrections officers, and court
13security officers and of providing advanced or in-service
14training for permanent law enforcement officers or permanent
15county corrections officers, which schools may be either
16publicly or privately owned and operated. In addition, the
17Board has the following power and duties:
18 a. To require law enforcement agencies to furnish such
19 reports and information as the Board deems necessary to
20 fully implement this Act.
21 b. To establish appropriate mandatory minimum
22 standards relating to the training of probationary local
23 law enforcement officers or probationary county
24 corrections officers, and in-service training of permanent

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

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

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

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1 questions, test formats, digital files, answer responses,
2 answer keys, and scoring information shall be exempt from
3 disclosure.
4 m. To make grants, subject to appropriation, to units
5 of local government and public institutions of higher
6 education for the purposes of hiring and retaining law
7 enforcement officers.
8 n. To make grants, subject to appropriation, to local
9 law enforcement agencies for costs associated with the
10 expansion and support of National Integrated Ballistic
11 Information Network (NIBIN) and other ballistic technology
12 equipment for ballistic testing.
13(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
14Section 10-143, eff. 7-1-21; 101-652, Article 25, Section
1525-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff.
161-7-22; 102-1115, eff. 1-9-23.)
17 Section 5-92. The Metropolitan Pier and Exposition
18Authority Act is amended by changing Section 5 as follows:
19 (70 ILCS 210/5) (from Ch. 85, par. 1225)
20 Sec. 5. The Metropolitan Pier and Exposition Authority
21shall also have the following rights and powers:
22 (a) To accept from Chicago Park Fair, a corporation,
23 an assignment of whatever sums of money it may have
24 received from the Fair and Exposition Fund, allocated by

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

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

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1 reasonable judgment of the owner, interfere with such rail
2 transportation) for the lawful purposes of the Authority
3 in Site A, at Navy Pier, and at Site B. Just compensation
4 for property taken or acquired under this paragraph shall
5 be paid in money or, notwithstanding any other provision
6 of this Act and with the agreement of the owner of the
7 property to be taken or acquired, the Authority may convey
8 substitute property or interests in property or enter into
9 agreements with the property owner, including leases,
10 licenses, or concessions, with respect to any property
11 owned by the Authority, or may provide for other lawful
12 forms of just compensation to the owner. Any property
13 acquired in condemnation proceedings shall be used only as
14 provided in this Act. Except as otherwise provided by law,
15 the City of Chicago shall have a right of first refusal
16 prior to any sale of any such property by the Authority to
17 a third party other than substitute property. The
18 Authority shall develop and implement a relocation plan
19 for businesses displaced as a result of the Authority's
20 acquisition of property. The relocation plan shall be
21 substantially similar to provisions of the Uniform
22 Relocation Assistance and Real Property Acquisition Act
23 and regulations promulgated under that Act relating to
24 assistance to displaced businesses. To implement the
25 relocation plan the Authority may acquire property by
26 purchase or gift or may exercise the powers authorized in

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

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1 concession, license, and lease agreements on terms and
2 conditions as the Authority determines. Notwithstanding
3 Section 24, agreements with respect to the use and
4 occupancy of the grounds, buildings, and facilities of the
5 Authority for a term of more than one year shall be entered
6 into in accordance with the procurement process provided
7 for in Section 25.1.
8 (i) To enter into agreements with any person with
9 respect to the operation and management of the grounds,
10 buildings, and facilities of the Authority or the
11 provision of goods and services on terms and conditions as
12 the Authority determines.
13 (j) After conducting the procurement process provided
14 for in Section 25.1, to enter into one or more contracts to
15 provide for the design and construction of all or part of
16 the Authority's Expansion Project grounds, buildings, and
17 facilities. Any contract for design and construction of
18 the Expansion Project shall be in the form authorized by
19 subsection (g), shall be for a fixed maximum price not in
20 excess of the funds that are authorized to be made
21 available for those purposes during the term of the
22 contract, and shall be entered into before commencement of
23 construction.
24 (k) To enter into agreements, including project
25 agreements with labor unions, that the Authority deems
26 necessary to complete the Expansion Project or any other

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1 construction or improvement project in the most timely and
2 efficient manner and without strikes, picketing, or other
3 actions that might cause disruption or delay and thereby
4 add to the cost of the project.
5 (l) To provide incentives to organizations and
6 entities that agree to make use of the grounds, buildings,
7 and facilities of the Authority for conventions, meetings,
8 or trade shows. The incentives may take the form of
9 discounts from regular fees charged by the Authority,
10 subsidies for or assumption of the costs incurred with
11 respect to the convention, meeting, or trade show, or
12 other inducements. The Authority shall award incentives to
13 attract or retain conventions, meetings, and trade shows
14 under the terms set forth in this subsection (l) from
15 amounts appropriated to the Authority from the
16 Metropolitan Pier and Exposition Authority Incentive Fund
17 for this purpose.
18 No later than May 15 of each year, the Chief Executive
19 Officer of the Metropolitan Pier and Exposition Authority
20 shall certify to the State Comptroller and the State
21 Treasurer the amounts of incentive grant funds used,
22 including incentive grant funds used for future events
23 under the provisions of this Section, during the current
24 fiscal year to provide incentives for conventions,
25 meetings, or trade shows that:
26 (i) have been approved by the Authority, in

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1 consultation with an organization meeting the
2 qualifications set out in Section 5.6 of this Act,
3 provided the Authority has entered into a marketing
4 agreement with such an organization,
5 (ii)(A) for fiscal years prior to 2022 and after
6 2024, demonstrate registered attendance (or projected
7 attendance for future events) in excess of 5,000
8 individuals or in excess of 10,000 individuals, as
9 appropriate;
10 (B) for fiscal years 2022 through 2024,
11 demonstrate registered attendance (or projected
12 attendance for future events) in excess of 3,000
13 individuals or in excess of 5,000 individuals, as
14 appropriate; or
15 (C) for fiscal years 2022 and 2023, regardless of
16 registered attendance, demonstrate incurrence of costs
17 associated with mitigation of COVID-19, including, but
18 not limited to, costs for testing and screening,
19 contact tracing and notification, personal protective
20 equipment, and other physical and organizational
21 costs, and
22 (iii) in the case of subparagraphs (A) and (B) of
23 paragraph (ii), but for the incentive, would not have
24 used (or, in the case of a future event, committed to
25 use) the facilities of the Authority for the
26 convention, meeting, or trade show. The State

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

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1 from the General Revenue Fund the sum of $7,500,000 plus
2 an amount equal to the incentive grant funds certified by
3 the Chief Executive Officer as having been lawfully paid
4 under the provisions of this Section in the previous
5 fiscal year that have not otherwise been transferred into
6 the Metropolitan Pier and Exposition Authority Incentive
7 Fund, provided that transfers in excess of $15,000,000
8 shall not be made in any fiscal year.
9 On July 15, 2014, and every year thereafter, the
10 Comptroller shall order transferred, and the Treasurer
11 shall transfer, into the Metropolitan Pier and Exposition
12 Authority Incentive Fund from the General Revenue Fund an
13 amount equal to the incentive grant funds certified by the
14 Chief Executive Officer as (i) having been lawfully paid
15 under the provisions of this Section in the previous
16 fiscal year or incurred by the Authority for a future
17 event under the provisions of this Section and (ii) that
18 have not otherwise having been been transferred into the
19 Metropolitan Pier and Exposition Authority Incentive Fund,
20 provided that (1) no transfers with respect to any
21 previous fiscal year shall be made after the transfer has
22 been made with respect to the 2017 fiscal year until the
23 transfer that is made for the 2022 fiscal year and
24 thereafter, and no transfers with respect to any previous
25 fiscal year shall be made after the transfer has been made
26 with respect to the 2026 fiscal year, and (2) transfers in

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1 excess of $15,000,000 shall not be made in any fiscal
2 year.
3 After a transfer has been made under this subsection
4 (l), the Chief Executive Officer shall file a request for
5 payment with the Comptroller evidencing that the incentive
6 grants have been made and the Comptroller shall thereafter
7 order paid, and the Treasurer shall pay, the requested
8 amounts to the Metropolitan Pier and Exposition Authority.
9 Excluding any amounts related to the payment of costs
10 associated with the mitigation of COVID-19 in accordance
11 with this subsection (l), in no case shall more than
12 $5,000,000 be used in any one year by the Authority for
13 incentives granted to conventions, meetings, or trade
14 shows with a registered attendance (or projected
15 attendance for future events) of (1) more than 5,000 and
16 less than 10,000 prior to the 2022 fiscal year and after
17 the 2024 fiscal year and (2) more than 3,000 and less than
18 5,000 for fiscal years 2022 through 2024. Amounts in the
19 Metropolitan Pier and Exposition Authority Incentive Fund
20 shall only be used by the Authority for incentives paid to
21 attract or retain conventions, meetings, and trade shows
22 as provided in this subsection (l).
23 "Future event" means a convention, meeting, or trade show
24that executed an agreement during the fiscal year to use the
25facilities of the Authority after fiscal year 2026; provided
26that the agreement is entered into with the Authority or with

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1an organization that meets the qualifications set out in
2Section 5.6 of this Act and that has entered into a marketing
3agreement with the Authority.
4 (l-5) The Village of Rosemont shall provide incentives
5 from amounts transferred into the Convention Center
6 Support Fund to retain and attract conventions, meetings,
7 or trade shows to the Donald E. Stephens Convention Center
8 under the terms set forth in this subsection (l-5).
9 No later than May 15 of each year, the Mayor of the
10 Village of Rosemont or his or her designee shall certify
11 to the State Comptroller and the State Treasurer the
12 amounts of incentive grant funds used during the previous
13 fiscal year to provide incentives for conventions,
14 meetings, or trade shows that (1) have been approved by
15 the Village, (2) demonstrate registered attendance in
16 excess of 5,000 individuals, and (3) but for the
17 incentive, would not have used the Donald E. Stephens
18 Convention Center facilities for the convention, meeting,
19 or trade show. The State Comptroller may request that the
20 Auditor General conduct an audit of the accuracy of the
21 certification.
22 If the State Comptroller determines by this process of
23 certification that incentive funds, in whole or in part,
24 were disbursed by the Village by means other than in
25 accordance with the standards of this subsection (l-5),
26 then the amount transferred to the Convention Center

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1 Support Fund shall be reduced during the next subsequent
2 transfer in direct proportion to that amount determined to
3 be in violation of the terms set forth in this subsection
4 (l-5).
5 On July 15, 2012, and each year thereafter, the
6 Comptroller shall order transferred, and the Treasurer
7 shall transfer, into the Convention Center Support Fund
8 from the General Revenue Fund the amount of $5,000,000 for
9 (i) incentives to attract large conventions, meetings, and
10 trade shows to the Donald E. Stephens Convention Center,
11 and (ii) to be used by the Village of Rosemont for the
12 repair, maintenance, and improvement of the Donald E.
13 Stephens Convention Center and for debt service on debt
14 instruments issued for those purposes by the village. No
15 later than 30 days after the transfer, the Comptroller
16 shall order paid, and the Treasurer shall pay, to the
17 Village of Rosemont the amounts transferred.
18 (m) To enter into contracts with any person conveying
19 the naming rights or other intellectual property rights
20 with respect to the grounds, buildings, and facilities of
21 the Authority.
22 (n) To enter into grant agreements with the Chicago
23 Convention and Tourism Bureau providing for the marketing
24 of the convention facilities to large and small
25 conventions, meetings, and trade shows and the promotion
26 of the travel industry in the City of Chicago, provided

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1 such agreements meet the requirements of Section 5.6 of
2 this Act. Receipts of the Authority from the increase in
3 the airport departure tax authorized in subsection (f) of
4 Section 13 of this Act by Public Act 96-898 and, subject to
5 appropriation to the Authority, funds deposited in the
6 Chicago Travel Industry Promotion Fund pursuant to Section
7 6 of the Hotel Operators' Occupation Tax Act shall be
8 granted to the Bureau for such purposes.
9 For Fiscal Year 2023 only, the Department of Commerce
10 and Economic Opportunity shall enter into the grant
11 agreements described in this subsection in place of the
12 Authority. The grant agreements entered into by the
13 Department and the Bureau under this subsection are not
14 subject to the matching funds requirements or the other
15 terms and conditions of Section 605-705 of the Department
16 of Commerce and Economic Opportunity Law of the Civil
17 Administrative Code of Illinois. Subject to appropriation,
18 funds transferred into the Chicago Travel Industry
19 Promotion Fund pursuant to subsection (f) of Section
20 6z-121 of the State Finance Act shall be granted to the
21 Bureau for the purposes described in this subsection. The
22 Department shall have authority to make expenditures from
23 the Chicago Travel Industry Promotion Fund solely for the
24 purpose of providing grants to the Bureau.
25(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)

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1 Section 5-95. The School Code is amended by adding
2Sections 2-3.196 and 2-3.197 and by changing Sections 2-3.186,
310-22.36, 18-8.15, and 27-23.1 as follows:
4 (105 ILCS 5/2-3.186)
5 Sec. 2-3.186. Freedom Schools; grant program.
6 (a) The General Assembly recognizes and values the
7contributions that Freedom Schools make to enhance the lives
8of Black students. The General Assembly makes all of the
9following findings:
10 (1) The fundamental goal of the Freedom Schools of the
11 1960s was to provide quality education for all students,
12 to motivate active civic engagement, and to empower
13 disenfranchised communities. The renowned and progressive
14 curriculum of Freedom Schools allowed students of all ages
15 to experience a new and liberating form of education that
16 directly related to the imperatives of their lives, their
17 communities, and the Freedom Movement.
18 (2) Freedom Schools continue to demonstrate the proven
19 benefits of critical civic engagement and
20 intergenerational effects by providing historically
21 disadvantaged students, including African American
22 students and other students of color, with quality
23 instruction that fosters student confidence, critical
24 thinking, and social and emotional development.
25 (3) Freedom Schools offer culturally relevant learning

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

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

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

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1 (2) High-quality teaching.
2 (3) Wrap-around supports and opportunities.
3 (4) Positive discipline practices, such as restorative
4 justice.
5 (5) Inclusive leadership.
6 (f) The Freedom Schools Fund is created as a special fund
7in the State treasury. The Fund shall consist of
8appropriations from the General Revenue Fund, grant funds from
9the federal government, and donations from educational and
10private foundations. All money in the Fund shall be used,
11subject to appropriation, by the State Board of Education for
12the purposes of this Section and to support related
13activities.
14 (g) The State Board of Education may adopt any rules
15necessary to implement this Section.
16(Source: P.A. 101-654, eff. 3-8-21; 102-209, eff. 11-30-21
17(See Section 5 of P.A. 102-671 for effective date of P.A.
18102-209).)
19 (105 ILCS 5/2-3.196 new)
20 Sec. 2-3.196. Teacher Vacancy Grant Pilot Program.
21 (a) Subject to appropriation, beginning in Fiscal Year
222024, the State Board of Education shall administer a 3-year
23Teacher Vacancy Grant Pilot Program for the allocation of
24formula grant funds to school districts to support the
25reduction of unfilled teaching positions throughout the State.

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1The State Board shall identify which districts are eligible to
2apply for a 3-year grant under this Section by reviewing the
3State Board's Fiscal Year 2023 annual unfilled teaching
4positions report to determine which districts designated as
5Tier 1, Tier 2, and Tier 3 under Section 18-8.15 have the
6greatest need for funds. Based on the National Center for
7Education Statistics locale classifications, 60% of eligible
8districts shall be rural districts and 40% of eligible
9districts shall be urban districts. Continued funding for the
10grant in Fiscal Year 2025 and Fiscal Year 2026 is subject to
11appropriation. The State Board shall post, on its website,
12information about the grant program and the list of identified
13districts that are eligible to apply for a grant under this
14subsection.
15 (b) A school district that is determined to be eligible
16for a grant under subsection (a) and that chooses to
17participate in the program must submit an application to the
18State Board that describes the relevant context for the need
19for teacher vacancy support, suspected causes of teacher
20vacancies in the district, and the district's plan in
21utilizing grant funds to reduce unfilled teaching positions
22throughout the district. If an eligible school district
23chooses not to participate in the program, the State Board
24shall identify a potential replacement district by using the
25same methodology described in subsection (a).
26 (c) Grant funds awarded under this Section may be used for

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1financial incentives to support the recruitment and hiring of
2teachers, programs and incentives to strengthen teacher
3pipelines, or investments to sustain teachers and reduce
4attrition among teachers. Grant funds shall be used only for
5the purposes outlined in the district's application to the
6State Board to reduce unfilled teaching positions. Grant funds
7shall not be used for any purposes not approved by the State
8Board.
9 (d) A school district that receives grant funds under this
10Section shall submit an annual report to the State Board that
11includes, but is not limited to, a summary of all grant-funded
12activities implemented to reduce unfilled teaching positions,
13progress towards reducing unfilled teaching positions, the
14number of unfilled teaching positions in the district in the
15preceding fiscal year, the number of new teachers hired during
16the program, the teacher attrition rate, the number of
17individuals participating in any programs designed to reduce
18attrition, the number of teachers retained using support of
19the grant funds, participation in any strategic pathway
20programs created under the program, and the number of and
21participation in any new pathways into teaching positions
22created under the program.
23 (e) No later than March 1, 2027, the State Board shall
24submit a report to the Governor and the General Assembly on the
25efficacy of the pilot program that includes a summary of the
26information received under subsection (d) and an overview of

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1its activities to support grantees.
2 (105 ILCS 5/2-3.197 new)
3 Sec. 2-3.197. Imagination Library of Illinois; grant
4program. To promote the development of a comprehensive
5statewide initiative for encouraging preschool age children to
6develop a love of reading and learning, the State Board of
7Education is authorized to develop, fund, support, promote,
8and operate the Imagination Library of Illinois Program, which
9is hereby established. For purposes of this Section, "State
10program" means the Imagination Library of Illinois Program.
11 (a) State program funds shall be used to provide, through
12Dolly Parton's Imagination Library, one age-appropriate book,
13per month, to each registered child from birth to age 5 in
14participating counties. Books shall be sent monthly to each
15registered child's home at no cost to families. Subject to an
16annual appropriation, the State Board of Education shall
17contribute the State's matching funds per the cost-sharing
18framework established by Dolly Parton's Imagination Library
19for the State program. The State program shall contribute the
2050% match of funds required of local programs participating in
21Dolly Parton's Imagination Library. Local program partners
22shall match the State program funds to provide the remaining
2350% match of funds required by Dolly Parton's Imagination
24Library.
25 (1) The Imagination Library of Illinois Fund is hereby

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1 created as a special fund in the State Treasury. The State
2 Board of Education may accept gifts, grants, awards,
3 donations, matching contributions, appropriations,
4 interest income, public or private bequests, and cost
5 sharings from any individuals, businesses, governments, or
6 other third-party sources, and any federal funds. All
7 moneys received under this Section shall be deposited into
8 the Imagination Library of Illinois Fund. Any moneys that
9 are unobligated or unexpended at the end of a fiscal year
10 shall remain in the Imagination Library of Illinois Fund,
11 shall not lapse into the General Revenue Fund, and shall
12 be available to the Board for expenditure in the next
13 fiscal year, subject to appropriation. Notwithstanding any
14 other law to the contrary, this Fund is not subject to
15 sweeps, administrative chargebacks, or any other fiscal or
16 budgetary maneuver that in any way would transfer any
17 amount from this Fund into any other fund of the State.
18 (2) Moneys received under this Section are subject to
19 appropriation by the General Assembly and may only be
20 expended for purposes consistent with the conditions under
21 which the moneys were received, including, but not limited
22 to, the following:
23 (i) Moneys in the Fund shall be used to provide
24 age-appropriate books on a monthly basis, at home, to
25 each child registered in the Imagination Library of
26 Illinois Program, from birth through their fifth

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1 birthday, at no cost to families, through Dolly
2 Parton's Imagination Library.
3 (ii) Subject to availability, moneys in the Fund
4 shall be allocated to qualified local entities that
5 provide a dollar-for-dollar match for the program. As
6 used in this Section, "qualified local entity" means
7 any existing or new local Dolly Parton's Imagination
8 Library affiliate.
9 (iii) Moneys in the Fund may be used by the State
10 Board of Education to pay for administrative expenses
11 of the State program, including associated operating
12 expenses of the State Board of Education or any
13 nonprofit entity that coordinates the State program
14 pursuant to subsection (b).
15 (b) The State Board of Education shall coordinate with a
16nonprofit entity qualified under Section 501(c)(3) of the
17Internal Revenue Code to operate the State program. That
18organization must be organized solely to promote and encourage
19reading by the children of the State, for the purpose of
20implementing this Section.
21 (c) The State Board of Education shall provide oversight
22of the nonprofit entity that operates the State program
23pursuant to subsection (b) to ensure the nonprofit entity does
24all of the following:
25 (1) Promotes the statewide development of local Dolly
26 Parton's Imagination Library programs.

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1 (2) Advances and strengthens local Dolly Parton's
2 Imagination Library programs with the goal of increasing
3 enrollment.
4 (3) Develops community engagement.
5 (4) Develops, promotes, and coordinates a public
6 awareness campaign to make donors aware of the opportunity
7 to donate to the affiliate programs and make the public
8 aware of the opportunity to register eligible children to
9 receive books through the program.
10 (5) Administers the local match requirement and
11 coordinates the collection and remittance of local program
12 costs for books and mailing.
13 (6) Develops statewide marketing and communication
14 plans.
15 (7) Solicits donations, gifts, and other funding from
16 statewide partners to financially support local Dolly
17 Parton's Imagination Library programs.
18 (8) Identifies and applies for available grant awards.
19 (d) The State Board of Education shall make publicly
20available on an annual basis information regarding the number
21of local programs that exist, where the local programs are
22located, the number of children that are enrolled in the
23program, the number of books that have been provided, and
24those entities or organizations that serve as local partners.
25 (e) The State Board of Education may adopt rules as may be
26needed for the administration of the Imagination Library of

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1Illinois Program.
2 (105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
3 Sec. 10-22.36. Buildings for school purposes.
4 (a) To build or purchase a building for school classroom
5or instructional purposes upon the approval of a majority of
6the voters upon the proposition at a referendum held for such
7purpose or in accordance with Section 17-2.11, 19-3.5, or
819-3.10. The board may initiate such referendum by resolution.
9The board shall certify the resolution and proposition to the
10proper election authority for submission in accordance with
11the general election law.
12 The questions of building one or more new buildings for
13school purposes or office facilities, and issuing bonds for
14the purpose of borrowing money to purchase one or more
15buildings or sites for such buildings or office sites, to
16build one or more new buildings for school purposes or office
17facilities or to make additions and improvements to existing
18school buildings, may be combined into one or more
19propositions on the ballot.
20 Before erecting, or purchasing or remodeling such a
21building the board shall submit the plans and specifications
22respecting heating, ventilating, lighting, seating, water
23supply, toilets and safety against fire to the regional
24superintendent of schools having supervision and control over
25the district, for approval in accordance with Section 2-3.12.

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1 Notwithstanding any of the foregoing, no referendum shall
2be required if the purchase, construction, or building of any
3such building (1) occurs while the building is being leased by
4the school district or (2) is paid with (A) funds derived from
5the sale or disposition of other buildings, land, or
6structures of the school district or (B) funds received (i) as
7a grant under the School Construction Law or (ii) as gifts or
8donations, provided that no funds to purchase, construct, or
9build such building, other than lease payments, are derived
10from the district's bonded indebtedness or the tax levy of the
11district.
12 Notwithstanding any of the foregoing, no referendum shall
13be required if the purchase, construction, or building of any
14such building is paid with funds received from the County
15School Facility and Resources Occupation Tax Law under Section
165-1006.7 of the Counties Code or from the proceeds of bonds or
17other debt obligations secured by revenues obtained from that
18Law.
19 Notwithstanding any of the foregoing, for Decatur School
20District Number 61, no referendum shall be required if at
21least 50% of the cost of the purchase, construction, or
22building of any such building is paid, or will be paid, with
23funds received or expected to be received as part of, or
24otherwise derived from, any COVID-19 pandemic relief program
25or funding source, including, but not limited to, Elementary
26and Secondary School Emergency Relief Fund grant proceeds.

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1 (b) Notwithstanding the provisions of subsection (a), for
2any school district: (i) that is a tier 1 school, (ii) that has
3a population of less than 50,000 inhabitants, (iii) whose
4student population is between 5,800 and 6,300, (iv) in which
557% to 62% of students are low-income, and (v) whose average
6district spending is between $10,000 to $12,000 per pupil,
7until July 1, 2025, no referendum shall be required if at least
850% of the cost of the purchase, construction, or building of
9any such building is paid, or will be paid, with funds received
10or expected to be received as part of, or otherwise derived
11from, the federal Consolidated Appropriations Act and the
12federal American Rescue Plan Act of 2021.
13 For this subsection (b), the school board must hold at
14least 2 public hearings, the sole purpose of which shall be to
15discuss the decision to construct a school building and to
16receive input from the community. The notice of each public
17hearing that sets forth the time, date, place, and name or
18description of the school building that the school board is
19considering constructing must be provided at least 10 days
20prior to the hearing by publication on the school board's
21Internet website.
22 (c) Notwithstanding the provisions of subsection (a) and
23(b), for Cahokia Community Unit School District 187, no
24referendum shall be required for the lease of any building for
25school or educational purposes if the cost is paid or will be
26paid with funds available at the time of the lease in the

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1district's existing fund balances to fund the lease of a
2building during the 2023-2024 or 2024-2025 school year.
3 For the purposes of this subsection (c), the school board
4must hold at least 2 public hearings, the sole purpose of which
5shall be to discuss the decision to lease a school building and
6to receive input from the community. The notice of each public
7hearing that sets forth the time, date, place, and name or
8description of the school building that the school board is
9considering leasing must be provided at least 10 days prior to
10the hearing by publication on the school district's website.
11(Source: P.A. 101-455, eff. 8-23-19; 102-16, eff. 6-17-21;
12102-699, eff. 7-1-22.)
13 (105 ILCS 5/18-8.15)
14 Sec. 18-8.15. Evidence-Based Funding for student success
15for the 2017-2018 and subsequent school years.
16 (a) General provisions.
17 (1) The purpose of this Section is to ensure that, by
18 June 30, 2027 and beyond, this State has a kindergarten
19 through grade 12 public education system with the capacity
20 to ensure the educational development of all persons to
21 the limits of their capacities in accordance with Section
22 1 of Article X of the Constitution of the State of
23 Illinois. To accomplish that objective, this Section
24 creates a method of funding public education that is
25 evidence-based; is sufficient to ensure every student

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

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

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

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

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

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

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1 students attending kindergarten shall be counted as 1.0.
2 Special education pre-kindergarten students shall be
3 counted as 0.5 each. If the State Board does not collect or
4 has not collected both an October 1 and March 1 enrollment
5 count by grade or a December 1 collection of special
6 education pre-kindergarten students as of August 31, 2017
7 (the effective date of Public Act 100-465), it shall
8 establish such collection for all future years. For any
9 year in which a count by grade level was collected only
10 once, that count shall be used as the single count
11 available for computing a 3-year average ASE. Funding for
12 programs operated by a regional office of education or an
13 intermediate service center must be calculated using the
14 Evidence-Based Funding formula under this Section for the
15 2019-2020 school year and each subsequent school year
16 until separate adequacy formulas are developed and adopted
17 for each type of program. ASE for a program operated by a
18 regional office of education or an intermediate service
19 center must be determined by the March 1 enrollment for
20 the program. For the 2019-2020 school year, the ASE used
21 in the calculation must be the first-year ASE and, in that
22 year only, the assignment of students served by a regional
23 office of education or intermediate service center shall
24 not result in a reduction of the March enrollment for any
25 school district. For the 2020-2021 school year, the ASE
26 must be the greater of the current-year ASE or the 2-year

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1 average ASE. Beginning with the 2021-2022 school year, the
2 ASE must be the greater of the current-year ASE or the
3 3-year average ASE. School districts shall submit the data
4 for the ASE calculation to the State Board within 45 days
5 of the dates required in this Section for submission of
6 enrollment data in order for it to be included in the ASE
7 calculation. For fiscal year 2018 only, the ASE
8 calculation shall include only enrollment taken on October
9 1. In recognition of the impact of COVID-19, the
10 definition of "Average Student Enrollment" or "ASE" shall
11 be adjusted for calculations under this Section for fiscal
12 years 2022 through 2024. For fiscal years 2022 through
13 2024, the enrollment used in the calculation of ASE
14 representing the 2020-2021 school year shall be the
15 greater of the enrollment for the 2020-2021 school year or
16 the 2019-2020 school year.
17 "Base Funding Guarantee" is defined in paragraph (10)
18 of subsection (g) of this Section.
19 "Base Funding Minimum" is defined in subsection (e) of
20 this Section.
21 "Base Tax Year" means the property tax levy year used
22 to calculate the Budget Year allocation of primary State
23 aid.
24 "Base Tax Year's Extension" means the product of the
25 equalized assessed valuation utilized by the county clerk
26 in the Base Tax Year multiplied by the limiting rate as

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1 calculated by the county clerk and defined in PTELL.
2 "Bilingual Education Allocation" means the amount of
3 an Organizational Unit's final Adequacy Target
4 attributable to bilingual education divided by the
5 Organizational Unit's final Adequacy Target, the product
6 of which shall be multiplied by the amount of new funding
7 received pursuant to this Section. An Organizational
8 Unit's final Adequacy Target attributable to bilingual
9 education shall include all additional investments in
10 English learner students' adequacy elements.
11 "Budget Year" means the school year for which primary
12 State aid is calculated and awarded under this Section.
13 "Central office" means individual administrators and
14 support service personnel charged with managing the
15 instructional programs, business and operations, and
16 security of the Organizational Unit.
17 "Comparable Wage Index" or "CWI" means a regional cost
18 differentiation metric that measures systemic, regional
19 variations in the salaries of college graduates who are
20 not educators. The CWI utilized for this Section shall,
21 for the first 3 years of Evidence-Based Funding
22 implementation, be the CWI initially developed by the
23 National Center for Education Statistics, as most recently
24 updated by Texas A & M University. In the fourth and
25 subsequent years of Evidence-Based Funding implementation,
26 the State Superintendent shall re-determine the CWI using

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1 a similar methodology to that identified in the Texas A & M
2 University study, with adjustments made no less frequently
3 than once every 5 years.
4 "Computer technology and equipment" means computers
5 servers, notebooks, network equipment, copiers, printers,
6 instructional software, security software, curriculum
7 management courseware, and other similar materials and
8 equipment.
9 "Computer technology and equipment investment
10 allocation" means the final Adequacy Target amount of an
11 Organizational Unit assigned to Tier 1 or Tier 2 in the
12 prior school year attributable to the additional $285.50
13 per student computer technology and equipment investment
14 grant divided by the Organizational Unit's final Adequacy
15 Target, the result of which shall be multiplied by the
16 amount of new funding received pursuant to this Section.
17 An Organizational Unit assigned to a Tier 1 or Tier 2 final
18 Adequacy Target attributable to the received computer
19 technology and equipment investment grant shall include
20 all additional investments in computer technology and
21 equipment adequacy elements.
22 "Core subject" means mathematics; science; reading,
23 English, writing, and language arts; history and social
24 studies; world languages; and subjects taught as Advanced
25 Placement in high schools.
26 "Core teacher" means a regular classroom teacher in

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

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

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

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

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

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

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

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1 located as set forth in this paragraph, provided that if
2 the Organizational Unit CWI as calculated in accordance
3 with this paragraph is less than 0.9, the Organizational
4 Unit CWI shall be increased to 0.9. Each county's current
5 CWI value shall be adjusted based on the CWI value of that
6 county's neighboring Illinois counties, to create a
7 "weighted adjusted index value". This shall be calculated
8 by summing the CWI values of all of a county's adjacent
9 Illinois counties and dividing by the number of adjacent
10 Illinois counties, then taking the weighted value of the
11 original county's CWI value and the adjacent Illinois
12 county average. To calculate this weighted value, if the
13 number of adjacent Illinois counties is greater than 2,
14 the original county's CWI value will be weighted at 0.25
15 and the adjacent Illinois county average will be weighted
16 at 0.75. If the number of adjacent Illinois counties is 2,
17 the original county's CWI value will be weighted at 0.33
18 and the adjacent Illinois county average will be weighted
19 at 0.66. The greater of the county's current CWI value and
20 its weighted adjusted index value shall be used as the
21 Organizational Unit CWI.
22 "Preceding Tax Year" means the property tax levy year
23 immediately preceding the Base Tax Year.
24 "Preceding Tax Year's Extension" means the product of
25 the equalized assessed valuation utilized by the county
26 clerk in the Preceding Tax Year multiplied by the

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

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1 "Pupil support staff" means a nurse, psychologist,
2 social worker, family liaison personnel, or other staff
3 member who provides support to at-risk or struggling
4 students.
5 "Real Receipts" is defined in paragraph (1) of
6 subsection (d) of this Section.
7 "Regionalization Factor" means, for a particular
8 Organizational Unit, the figure derived by dividing the
9 Organizational Unit CWI by the Statewide Weighted CWI.
10 "School counselor" means a licensed school counselor
11 who provides guidance and counseling support for students
12 within an Organizational Unit.
13 "School site staff" means the primary school secretary
14 and any additional clerical personnel assigned to a
15 school.
16 "Special education" means special educational
17 facilities and services, as defined in Section 14-1.08 of
18 this Code.
19 "Special Education Allocation" means the amount of an
20 Organizational Unit's final Adequacy Target attributable
21 to special education divided by the Organizational Unit's
22 final Adequacy Target, the product of which shall be
23 multiplied by the amount of new funding received pursuant
24 to this Section. An Organizational Unit's final Adequacy
25 Target attributable to special education shall include all
26 special education investment adequacy elements.

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1 "Specialist teacher" means a teacher who provides
2 instruction in subject areas not included in core
3 subjects, including, but not limited to, art, music,
4 physical education, health, driver education,
5 career-technical education, and such other subject areas
6 as may be mandated by State law or provided by an
7 Organizational Unit.
8 "Specially Funded Unit" means an Alternative School,
9 safe school, Department of Juvenile Justice school,
10 special education cooperative or entity recognized by the
11 State Board as a special education cooperative,
12 State-approved charter school, or alternative learning
13 opportunities program that received direct funding from
14 the State Board during the 2016-2017 school year through
15 any of the funding sources included within the calculation
16 of the Base Funding Minimum or Glenwood Academy.
17 "Supplemental Grant Funding" means supplemental
18 general State aid funding received by an Organizational
19 Unit during the 2016-2017 school year pursuant to
20 subsection (H) of Section 18-8.05 of this Code (now
21 repealed).
22 "State Adequacy Level" is the sum of the Adequacy
23 Targets of all Organizational Units.
24 "State Board" means the State Board of Education.
25 "State Superintendent" means the State Superintendent
26 of Education.

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

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

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

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

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

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1 librarian for each prototypical elementary school,
2 middle school, and high school and one FTE aide or
3 media technician for every 300 combined ASE of
4 pre-kindergarten children with disabilities and all
5 kindergarten through grade 12 students.
6 (J) Principal investments. Each Organizational
7 Unit shall receive the funding needed to cover one FTE
8 principal position for each prototypical elementary
9 school, plus one FTE principal position for each
10 prototypical middle school, plus one FTE principal
11 position for each prototypical high school.
12 (K) Assistant principal investments. Each
13 Organizational Unit shall receive the funding needed
14 to cover one FTE assistant principal position for each
15 prototypical elementary school, plus one FTE assistant
16 principal position for each prototypical middle
17 school, plus one FTE assistant principal position for
18 each prototypical high school.
19 (L) School site staff investments. Each
20 Organizational Unit shall receive the funding needed
21 for one FTE position for each 225 ASE of
22 pre-kindergarten children with disabilities and all
23 kindergarten through grade 5 students, plus one FTE
24 position for each 225 ASE middle school students, plus
25 one FTE position for each 200 ASE high school
26 students.

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1 (M) Gifted investments. Each Organizational Unit
2 shall receive $40 per kindergarten through grade 12
3 ASE.
4 (N) Professional development investments. Each
5 Organizational Unit shall receive $125 per student of
6 the combined ASE of pre-kindergarten children with
7 disabilities and all kindergarten through grade 12
8 students for trainers and other professional
9 development-related expenses for supplies and
10 materials.
11 (O) Instructional material investments. Each
12 Organizational Unit shall receive $190 per student of
13 the combined ASE of pre-kindergarten children with
14 disabilities and all kindergarten through grade 12
15 students to cover instructional material costs.
16 (P) Assessment investments. Each Organizational
17 Unit shall receive $25 per student of the combined ASE
18 of pre-kindergarten children with disabilities and all
19 kindergarten through grade 12 students to cover
20 assessment costs.
21 (Q) Computer technology and equipment investments.
22 Each Organizational Unit shall receive $285.50 per
23 student of the combined ASE of pre-kindergarten
24 children with disabilities and all kindergarten
25 through grade 12 students to cover computer technology
26 and equipment costs. For the 2018-2019 school year and

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1 subsequent school years, Organizational Units assigned
2 to Tier 1 and Tier 2 in the prior school year shall
3 receive an additional $285.50 per student of the
4 combined ASE of pre-kindergarten children with
5 disabilities and all kindergarten through grade 12
6 students to cover computer technology and equipment
7 costs in the Organizational Unit's Adequacy Target.
8 The State Board may establish additional requirements
9 for Organizational Unit expenditures of funds received
10 pursuant to this subparagraph (Q), including a
11 requirement that funds received pursuant to this
12 subparagraph (Q) may be used only for serving the
13 technology needs of the district. It is the intent of
14 Public Act 100-465 that all Tier 1 and Tier 2 districts
15 receive the addition to their Adequacy Target in the
16 following year, subject to compliance with the
17 requirements of the State Board.
18 (R) Student activities investments. Each
19 Organizational Unit shall receive the following
20 funding amounts to cover student activities: $100 per
21 kindergarten through grade 5 ASE student in elementary
22 school, plus $200 per ASE student in middle school,
23 plus $675 per ASE student in high school.
24 (S) Maintenance and operations investments. Each
25 Organizational Unit shall receive $1,038 per student
26 of the combined ASE of pre-kindergarten children with

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1 disabilities and all kindergarten through grade 12
2 students for day-to-day maintenance and operations
3 expenditures, including salary, supplies, and
4 materials, as well as purchased services, but
5 excluding employee benefits. The proportion of salary
6 for the application of a Regionalization Factor and
7 the calculation of benefits is equal to $352.92.
8 (T) Central office investments. Each
9 Organizational Unit shall receive $742 per student of
10 the combined ASE of pre-kindergarten children with
11 disabilities and all kindergarten through grade 12
12 students to cover central office operations, including
13 administrators and classified personnel charged with
14 managing the instructional programs, business and
15 operations of the school district, and security
16 personnel. The proportion of salary for the
17 application of a Regionalization Factor and the
18 calculation of benefits is equal to $368.48.
19 (U) Employee benefit investments. Each
20 Organizational Unit shall receive 30% of the total of
21 all salary-calculated elements of the Adequacy Target,
22 excluding substitute teachers and student activities
23 investments, to cover benefit costs. For central
24 office and maintenance and operations investments, the
25 benefit calculation shall be based upon the salary
26 proportion of each investment. If at any time the

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

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

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

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

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1 supervisory aide: $25,000.
2 In the second and subsequent years of implementation
3 of Evidence-Based Funding, the amounts in items (i) and
4 (ii) of this paragraph (3) shall annually increase by the
5 ECI.
6 The salary amounts for the Essential Elements
7 determined pursuant to subparagraphs (A) through (L), (S)
8 and (T), and (V) through (X) of paragraph (2) of
9 subsection (b) of this Section shall be multiplied by a
10 Regionalization Factor.
11 (c) Local Capacity calculation.
12 (1) Each Organizational Unit's Local Capacity
13 represents an amount of funding it is assumed to
14 contribute toward its Adequacy Target for purposes of the
15 Evidence-Based Funding formula calculation. "Local
16 Capacity" means either (i) the Organizational Unit's Local
17 Capacity Target as calculated in accordance with paragraph
18 (2) of this subsection (c) if its Real Receipts are equal
19 to or less than its Local Capacity Target or (ii) the
20 Organizational Unit's Adjusted Local Capacity, as
21 calculated in accordance with paragraph (3) of this
22 subsection (c) if Real Receipts are more than its Local
23 Capacity Target.
24 (2) "Local Capacity Target" means, for an
25 Organizational Unit, that dollar amount that is obtained
26 by multiplying its Adequacy Target by its Local Capacity

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

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

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

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1 cost portion of the required contribution and amount
2 allowed pursuant to subdivision (3) of Section
3 17-142.1 of the Illinois Pension Code in a given year.
4 In the preceding sentence, item (i) shall be certified
5 to the State Board of Education by the Teachers'
6 Retirement System of the State of Illinois and item
7 (ii) shall be certified to the State Board of
8 Education by the Public School Teachers' Pension and
9 Retirement Fund of the City of Chicago.
10 (3) If an Organizational Unit's Real Receipts are more
11 than its Local Capacity Target, then its Local Capacity
12 shall equal an Adjusted Local Capacity Target as
13 calculated in accordance with this paragraph (3). The
14 Adjusted Local Capacity Target is calculated as the sum of
15 the Organizational Unit's Local Capacity Target and its
16 Real Receipts Adjustment. The Real Receipts Adjustment
17 equals the Organizational Unit's Real Receipts less its
18 Local Capacity Target, with the resulting figure
19 multiplied by the Local Capacity Percentage.
20 As used in this paragraph (3), "Real Percent of
21 Adequacy" means the sum of an Organizational Unit's Real
22 Receipts, CPPRT, and Base Funding Minimum, with the
23 resulting figure divided by the Organizational Unit's
24 Adequacy Target.
25 (d) Calculation of Real Receipts, EAV, and Adjusted EAV
26for purposes of the Local Capacity calculation.

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1 (1) An Organizational Unit's Real Receipts are the
2 product of its Applicable Tax Rate and its Adjusted EAV.
3 An Organizational Unit's Applicable Tax Rate is its
4 Adjusted Operating Tax Rate for property within the
5 Organizational Unit.
6 (2) The State Superintendent shall calculate the
7 equalized assessed valuation, or EAV, of all taxable
8 property of each Organizational Unit as of September 30 of
9 the previous year in accordance with paragraph (3) of this
10 subsection (d). The State Superintendent shall then
11 determine the Adjusted EAV of each Organizational Unit in
12 accordance with paragraph (4) of this subsection (d),
13 which Adjusted EAV figure shall be used for the purposes
14 of calculating Local Capacity.
15 (3) To calculate Real Receipts and EAV, the Department
16 of Revenue shall supply to the State Superintendent the
17 value as equalized or assessed by the Department of
18 Revenue of all taxable property of every Organizational
19 Unit, together with (i) the applicable tax rate used in
20 extending taxes for the funds of the Organizational Unit
21 as of September 30 of the previous year and (ii) the
22 limiting rate for all Organizational Units subject to
23 property tax extension limitations as imposed under PTELL.
24 (A) The Department of Revenue shall add to the
25 equalized assessed value of all taxable property of
26 each Organizational Unit situated entirely or

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1 partially within a county that is or was subject to the
2 provisions of Section 15-176 or 15-177 of the Property
3 Tax Code (i) an amount equal to the total amount by
4 which the homestead exemption allowed under Section
5 15-176 or 15-177 of the Property Tax Code for real
6 property situated in that Organizational Unit exceeds
7 the total amount that would have been allowed in that
8 Organizational Unit if the maximum reduction under
9 Section 15-176 was (I) $4,500 in Cook County or $3,500
10 in all other counties in tax year 2003 or (II) $5,000
11 in all counties in tax year 2004 and thereafter and
12 (ii) an amount equal to the aggregate amount for the
13 taxable year of all additional exemptions under
14 Section 15-175 of the Property Tax Code for owners
15 with a household income of $30,000 or less. The county
16 clerk of any county that is or was subject to the
17 provisions of Section 15-176 or 15-177 of the Property
18 Tax Code shall annually calculate and certify to the
19 Department of Revenue for each Organizational Unit all
20 homestead exemption amounts under Section 15-176 or
21 15-177 of the Property Tax Code and all amounts of
22 additional exemptions under Section 15-175 of the
23 Property Tax Code for owners with a household income
24 of $30,000 or less. It is the intent of this
25 subparagraph (A) that if the general homestead
26 exemption for a parcel of property is determined under

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

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1 EAV of such property shall be used as part of the EAV
2 of the Organizational Unit, until such time as all
3 redevelopment project costs have been paid, as
4 provided in Section 11-74.4-8 of the Tax Increment
5 Allocation Redevelopment Act or in Section 11-74.6-35
6 of the Industrial Jobs Recovery Law. For the purpose
7 of the EAV of the Organizational Unit, the total
8 initial EAV or the current EAV, whichever is lower,
9 shall be used until such time as all redevelopment
10 project costs have been paid.
11 (B-5) The real property equalized assessed
12 valuation for a school district shall be adjusted by
13 subtracting from the real property value, as equalized
14 or assessed by the Department of Revenue, for the
15 district an amount computed by dividing the amount of
16 any abatement of taxes under Section 18-170 of the
17 Property Tax Code by 3.00% for a district maintaining
18 grades kindergarten through 12, by 2.30% for a
19 district maintaining grades kindergarten through 8, or
20 by 1.05% for a district maintaining grades 9 through
21 12 and adjusted by an amount computed by dividing the
22 amount of any abatement of taxes under subsection (a)
23 of Section 18-165 of the Property Tax Code by the same
24 percentage rates for district type as specified in
25 this subparagraph (B-5).
26 (C) For Organizational Units that are Hybrid

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

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

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

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

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

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

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

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1 Money. If the General Assembly fails to act on the report
2 within 40 calendar days from the receipt of the report,
3 the addition of District Intervention Money is deemed
4 approved. If the General Assembly approves the amount of
5 District Intervention Money to be added to the
6 Organizational Unit's Base Funding Minimum, the District
7 Intervention Money must be added to the Base Funding
8 Minimum annually thereafter.
9 For the first 4 years following the initial year that
10 the State Board determines that an Organizational Unit has
11 met the criteria set forth in this paragraph (3) and has
12 received funding under this Section, the Organizational
13 Unit must annually submit to the State Board, on or before
14 November 30, a progress report regarding its financial and
15 strategic plan under subparagraph (C) of this paragraph
16 (3). The plan shall include the financial data from the
17 past 4 annual financial reports or financial audits that
18 must be presented to the State Board by November 15 of each
19 year and the approved budget financial data for the
20 current year. The plan shall be developed according to the
21 guidelines presented to the Organizational Unit by the
22 State Board. The plan shall further include financial
23 projections for the next 3 fiscal years and include a
24 discussion and financial summary of the Organizational
25 Unit's facility needs. If the Organizational Unit does not
26 demonstrate sufficient progress toward its 5-year plan or

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

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

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1 Adequacy. New State Funds are allocated to each of the 4
2 tiers as follows: Tier 1 Aggregate Funding equals 50% of
3 all New State Funds, Tier 2 Aggregate Funding equals 49%
4 of all New State Funds, Tier 3 Aggregate Funding equals
5 0.9% of all New State Funds, and Tier 4 Aggregate Funding
6 equals 0.1% of all New State Funds. Each Organizational
7 Unit within Tier 1 or Tier 2 receives an allocation of New
8 State Funds equal to its tier Funding Gap, as defined in
9 the following sentence, multiplied by the tier's
10 Allocation Rate determined pursuant to paragraph (4) of
11 this subsection (g). For Tier 1, an Organizational Unit's
12 Funding Gap equals the tier's Target Ratio, as specified
13 in paragraph (5) of this subsection (g), multiplied by the
14 Organizational Unit's Adequacy Target, with the resulting
15 amount reduced by the Organizational Unit's Final
16 Resources. For Tier 2, an Organizational Unit's Funding
17 Gap equals the tier's Target Ratio, as described in
18 paragraph (5) of this subsection (g), multiplied by the
19 Organizational Unit's Adequacy Target, with the resulting
20 amount reduced by the Organizational Unit's Final
21 Resources and its Tier 1 funding allocation. To determine
22 the Organizational Unit's Funding Gap, the resulting
23 amount is then multiplied by a factor equal to one minus
24 the Organizational Unit's Local Capacity Target
25 percentage. Each Organizational Unit within Tier 3 or Tier
26 4 receives an allocation of New State Funds equal to the

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

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

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

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

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

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

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

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1 equipment investment grant to their Adequacy Target
2 pursuant to the unit's Base Funding Minimum, Special
3 Education Allocation, Bilingual Education Allocation, and
4 computer technology and equipment investment allocation.
5 (5) Moneys distributed under this Section shall be
6 calculated on a school year basis, but paid on a fiscal
7 year basis, with payments beginning in August and
8 extending through June. Unless otherwise provided, the
9 moneys appropriated for each fiscal year shall be
10 distributed in 22 equal payments at least 2 times monthly
11 to each Organizational Unit. If moneys appropriated for
12 any fiscal year are distributed other than monthly, the
13 distribution shall be on the same basis for each
14 Organizational Unit.
15 (6) Any school district that fails, for any given
16 school year, to maintain school as required by law or to
17 maintain a recognized school is not eligible to receive
18 Evidence-Based Funding. In case of non-recognition of one
19 or more attendance centers in a school district otherwise
20 operating recognized schools, the claim of the district
21 shall be reduced in the proportion that the enrollment in
22 the attendance center or centers bears to the enrollment
23 of the school district. "Recognized school" means any
24 public school that meets the standards for recognition by
25 the State Board. A school district or attendance center
26 not having recognition status at the end of a school term

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

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

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1 (C) application and enhancement of the current
2 financial accountability measures, the approved State
3 plan to comply with the federal Every Student Succeeds
4 Act, and the Illinois Balanced Accountability Measures
5 in relation to student growth and elements of the
6 Evidence-Based Funding model; and
7 (D) implementation of an effective school adequacy
8 funding system based on projected and recommended
9 funding levels from the General Assembly.
10 (11) On an annual basis, the State Superintendent must
11 recalibrate all of the following per pupil elements of the
12 Adequacy Target and applied to the formulas, based on the
13 study of average expenses and as reported in the most
14 recent annual financial report:
15 (A) Gifted under subparagraph (M) of paragraph (2)
16 of subsection (b).
17 (B) Instructional materials under subparagraph (O)
18 of paragraph (2) of subsection (b).
19 (C) Assessment under subparagraph (P) of paragraph
20 (2) of subsection (b).
21 (D) Student activities under subparagraph (R) of
22 paragraph (2) of subsection (b).
23 (E) Maintenance and operations under subparagraph
24 (S) of paragraph (2) of subsection (b).
25 (F) Central office under subparagraph (T) of
26 paragraph (2) of subsection (b).

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

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

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1 college, a career, and democratic citizenship.
2 (M) One representative from a school district
3 organized under Article 34 of this Code.
4 The State Superintendent shall ensure that the
5 membership of the Panel includes representatives from
6 school districts and communities reflecting the
7 geographic, socio-economic, racial, and ethnic diversity
8 of this State. The State Superintendent shall additionally
9 ensure that the membership of the Panel includes
10 representatives with expertise in bilingual education and
11 special education. Staff from the State Board shall staff
12 the Panel.
13 (2) In addition to those Panel members appointed by
14 the State Superintendent, 4 members of the General
15 Assembly shall be appointed as follows: one member of the
16 House of Representatives appointed by the Speaker of the
17 House of Representatives, one member of the Senate
18 appointed by the President of the Senate, one member of
19 the House of Representatives appointed by the Minority
20 Leader of the House of Representatives, and one member of
21 the Senate appointed by the Minority Leader of the Senate.
22 There shall be one additional member appointed by the
23 Governor. All members appointed by legislative leaders or
24 the Governor shall be non-voting, ex officio members.
25 (3) The Panel must study topics at the direction of
26 the General Assembly or State Board of Education, as

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1 provided under paragraph (1). The Panel may also study the
2 following topics at the direction of the chairperson:
3 (A) The format and scope of annual spending plans
4 referenced in paragraph (9) of subsection (h) of this
5 Section.
6 (B) The Comparable Wage Index under this Section.
7 (C) Maintenance and operations, including capital
8 maintenance and construction costs.
9 (D) "At-risk student" definition.
10 (E) Benefits.
11 (F) Technology.
12 (G) Local Capacity Target.
13 (H) Funding for Alternative Schools, Laboratory
14 Schools, safe schools, and alternative learning
15 opportunities programs.
16 (I) Funding for college and career acceleration
17 strategies.
18 (J) Special education investments.
19 (K) Early childhood investments, in collaboration
20 with the Illinois Early Learning Council.
21 (4) (Blank).
22 (5) Within 5 years after the implementation of this
23 Section, and every 5 years thereafter, the Panel shall
24 complete an evaluative study of the entire Evidence-Based
25 Funding model, including an assessment of whether or not
26 the formula is achieving State goals. The Panel shall

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

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1 (C) Changes to the Essential Elements that may be
2 required to better promote racial equity and eliminate
3 structural racism within schools.
4 (D) The impact of investing $350,000,000 in
5 additional funds each year under this Section and an
6 estimate of when the school system will become fully
7 funded under this level of appropriation.
8 (E) Provide an overview of alternative funding
9 structures that would enable the State to become fully
10 funded at an earlier date.
11 (F) The potential to increase efficiency and to
12 find cost savings within the school system to expedite
13 the journey to a fully funded system.
14 (G) The appropriate levels for reenrolling and
15 graduating high-risk high school students who have
16 been previously out of school. These outcomes shall
17 include enrollment, attendance, skill gains, credit
18 gains, graduation or promotion to the next grade
19 level, and the transition to college, training, or
20 employment, with an emphasis on progressively
21 increasing the overall attendance.
22 (H) The evidence-based or research-based practices
23 that are shown to reduce the gaps and disparities
24 experienced by African American students in academic
25 achievement and educational performance, including
26 practices that have been shown to reduce disparities

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1 in disciplinary rates, drop-out rates, graduation
2 rates, college matriculation rates, and college
3 completion rates.
4 On or before December 31, 2021, the Panel shall report
5 to the State Board, the General Assembly, and the Governor
6 on the findings of its review. This paragraph (7) is
7 inoperative on and after July 1, 2022.
8 (8) On or before April 1, 2024, the Panel must submit a
9 report to the General Assembly on annual adjustments to
10 Glenwood Academy's base-funding minimum in a similar
11 fashion to school districts under this Section.
12 (j) References. Beginning July 1, 2017, references in
13other laws to general State aid funds or calculations under
14Section 18-8.05 of this Code (now repealed) shall be deemed to
15be references to evidence-based model formula funds or
16calculations under this Section.
17(Source: P.A. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19;
18101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 102-33, eff.
196-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21;
20102-699, eff. 4-19-22; 102-782, eff. 1-1-23; 102-813, eff.
215-13-22; 102-894, eff. 5-20-22; revised 12-13-22.)
22 (105 ILCS 5/27-23.1) (from Ch. 122, par. 27-23.1)
23 Sec. 27-23.1. Parenting education.
24 (a) The State Board of Education must assist each school
25district that offers an evidence-based parenting education

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1model. School districts may provide instruction in parenting
2education for grades 6 through 12 and include such instruction
3in the courses of study regularly taught therein. School
4districts may give regular school credit for satisfactory
5completion by the student of such courses.
6 As used in this subsection (a), "parenting education"
7means and includes instruction in the following:
8 (1) Child growth and development, including prenatal
9 development.
10 (2) Childbirth and child care.
11 (3) Family structure, function and management.
12 (4) Prenatal and postnatal care for mothers and
13 infants.
14 (5) Prevention of child abuse.
15 (6) The physical, mental, emotional, social, economic
16 and psychological aspects of interpersonal and family
17 relationships.
18 (7) Parenting skill development.
19 The State Board of Education shall assist those districts
20offering parenting education instruction, upon request, in
21developing instructional materials, training teachers, and
22establishing appropriate time allotments for each of the areas
23included in such instruction.
24 School districts may offer parenting education courses
25during that period of the day which is not part of the regular
26school day. Residents of the school district may enroll in

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

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

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

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1 (2) project eligibility requirements;
2 (3) restrictions on the use of grant moneys;
3 (4) the manner in which school districts and other
4 eligible entities must account for the use of grant
5 moneys;
6 (5) requirements that new or improved facilities be
7 used for early childhood and other related programs for a
8 period of at least 10 years; and
9 (6) any other provision that the Capital Development
10 Board determines to be necessary or useful for the
11 administration of this Section.
12 (b-5) When grants are made to non-profit corporations for
13the acquisition or construction of new facilities, the Capital
14Development Board or any State agency it so designates shall
15hold title to or place a lien on the facility for a period of
1610 years after the date of the grant award, after which title
17to the facility shall be transferred to the non-profit
18corporation or the lien shall be removed, provided that the
19non-profit corporation has complied with the terms of its
20grant agreement. When grants are made to non-profit
21corporations for the purpose of renovation or rehabilitation,
22if the non-profit corporation does not comply with item (5) of
23subsection (b) of this Section, the Capital Development Board
24or any State agency it so designates shall recover the grant
25pursuant to the procedures outlined in the Illinois Grant
26Funds Recovery Act.

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1 (c) The Capital Development Board, in consultation with
2the State Board of Education, shall establish standards for
3the determination of priority needs concerning early childhood
4projects based on projects located in communities in the State
5with the greatest underserved population of young children,
6utilizing Census data and other reliable local early childhood
7service data.
8 (d) In each school year in which early childhood
9construction project grants are awarded, 20% of the total
10amount awarded shall be awarded to a school district with a
11population of more than 500,000, provided that the school
12district complies with the requirements of this Section and
13the rules adopted under this Section.
14(Source: P.A. 102-16, eff. 6-17-21.)
15 Section 5-104. The Public Community College Act is amended
16by changing Section 2-16.02 as follows:
17 (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
18 Sec. 2-16.02. Grants. Any community college district that
19maintains a community college recognized by the State Board
20shall receive, when eligible, grants enumerated in this
21Section. Funded semester credit hours or other measures or
22both as specified by the State Board shall be used to
23distribute grants to community colleges. Funded semester
24credit hours shall be defined, for purposes of this Section,

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

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1cost of instruction, enrollment, inflation, and other relevant
2factors. For Fiscal Year 2012, the allocations for base
3operating grants to community college districts shall be the
4same as they were in Fiscal Year 2011, reduced or increased
5proportionately according to the appropriation for base
6operating grants for Fiscal Year 2012.
7 Equalization grants shall be calculated by the State Board
8by determining a local revenue factor for each district by:
9(A) adding (1) each district's Corporate Personal Property
10Replacement Fund allocations from the base fiscal year or the
11average of the base fiscal year and prior year, whichever is
12less, divided by the applicable statewide average tax rate to
13(2) the district's most recently audited year's equalized
14assessed valuation or the average of the most recently audited
15year and prior year, whichever is less, (B) then dividing by
16the district's audited full-time equivalent resident students
17for the base fiscal year or the average for the base fiscal
18year and the 2 prior fiscal years, whichever is greater, and
19(C) then multiplying by the applicable statewide average tax
20rate. The State Board shall calculate a statewide weighted
21average threshold by applying the same methodology to the
22totals of all districts' Corporate Personal Property Tax
23Replacement Fund allocations, equalized assessed valuations,
24and audited full-time equivalent district resident students
25and multiplying by the applicable statewide average tax rate.
26The difference between the statewide weighted average

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

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195% minimum tax rate requirement shall be based upon the
2maximum operating tax rate as limited by the Property Tax
3Extension Limitation Law.
4 The State Board shall distribute such other grants as may
5be authorized or appropriated by the General Assembly. The
6State Board may adopt any rules necessary for the purposes of
7implementing and distributing funds pursuant to an authorized
8or appropriated grant.
9 Each community college district entitled to State grants
10under this Section must submit a report of its enrollment to
11the State Board not later than 30 days following the end of
12each semester or term in a format prescribed by the State
13Board. These semester credit hours, or equivalent, shall be
14certified by each district on forms provided by the State
15Board. Each district's certified semester credit hours, or
16equivalent, are subject to audit pursuant to Section 3-22.1.
17 The State Board shall certify, prepare, and submit monthly
18vouchers to the State Comptroller setting forth an amount
19equal to one-twelfth of the grants approved by the State Board
20for base operating grants and equalization grants. The State
21Board shall prepare and submit to the State Comptroller
22vouchers for payments of other grants as appropriated by the
23General Assembly. If the amount appropriated for grants is
24different from the amount provided for such grants under this
25Act, the grants shall be proportionately reduced or increased
26accordingly.

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

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1to this fund shall include any grants, awards, endowments, or
2like proceeds, and where appropriate, other funds made
3available through contracts with governmental, public, and
4private agencies or persons. The General Assembly shall from
5time to time make appropriations payable from such fund for
6the support, improvement, and expenses of the State Board and
7Illinois community college districts.
8(Source: P.A. 99-845, eff. 1-1-17; 100-884, eff. 1-1-19.)
9 Section 5-105. The Higher Education Student Assistance Act
10is amended by changing Sections 35 and 65.100 as follows:
11 (110 ILCS 947/35)
12 Sec. 35. Monetary award program.
13 (a) The Commission shall, each year, receive and consider
14applications for grant assistance under this Section. Subject
15to a separate appropriation for such purposes, an applicant is
16eligible for a grant under this Section when the Commission
17finds that the applicant:
18 (1) is a resident of this State and a citizen or
19 permanent resident of the United States;
20 (2) is enrolled or has been accepted for enrollment in
21 a qualified institution for the purpose of obtaining a
22 degree, certificate, or other credential offered by the
23 institution, as applicable; and
24 (3) in the absence of grant assistance, will be

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

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

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1for the 2020-2021 academic year, the Commission shall annually
2publish a priority deadline date for renewing applicants.
3Subject to appropriation, a renewing applicant who files by
4the published priority deadline date shall receive a grant if
5he or she continues to meet the eligibility requirements under
6this Section. A renewing applicant's failure to apply by the
7priority deadline date established under this subsection (d-5)
8shall not disqualify him or her from receiving a grant if
9sufficient funding is available to provide awards after that
10date.
11 (e) The Commission, in determining the number of grants to
12be offered, shall take into consideration past experience with
13the rate of grant funds unclaimed by recipients. The
14Commission shall notify applicants that grant assistance is
15contingent upon the availability of appropriated funds.
16 (e-5) The General Assembly finds and declares that it is
17an important purpose of the Monetary Award Program to
18facilitate access to college both for students who pursue
19postsecondary education immediately following high school and
20for those who pursue postsecondary education later in life,
21particularly Illinoisans who are dislocated workers with
22financial need and who are seeking to improve their economic
23position through education. For the 2015-2016 and 2016-2017
24academic years, the Commission shall give additional and
25specific consideration to the needs of dislocated workers with
26the intent of allowing applicants who are dislocated workers

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1an opportunity to secure financial assistance even if applying
2later than the general pool of applicants. The Commission's
3consideration shall include, in determining the number of
4grants to be offered, an estimate of the resources needed to
5serve dislocated workers who apply after the Commission
6initially suspends award announcements for the upcoming
7regular academic year, but prior to the beginning of that
8academic year. For the purposes of this subsection (e-5), a
9dislocated worker is defined as in the federal Workforce
10Innovation and Opportunity Act.
11 (f) (Blank).
12 (g) The Commission shall determine the eligibility of and
13make grants to applicants enrolled at qualified for-profit
14institutions in accordance with the criteria set forth in this
15Section. The eligibility of applicants enrolled at such
16for-profit institutions shall be limited as follows:
17 (1) Beginning with the academic year 1997, only to
18 eligible first-time freshmen and first-time transfer
19 students who have attained an associate degree.
20 (2) Beginning with the academic year 1998, only to
21 eligible freshmen students, transfer students who have
22 attained an associate degree, and students who receive a
23 grant under paragraph (1) for the academic year 1997 and
24 whose grants are being renewed for the academic year 1998.
25 (3) Beginning with the academic year 1999, to all
26 eligible students.

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

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

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

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

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

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

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

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1Commission, on or before a date determined by the Commission,
2the number of undergraduate students enrolled at that campus
3who are residents of this State.
4 (i) Each public university campus must report to the
5Commission the total non-loan financial aid amount given by
6the public university campus to undergraduate students in the
72017-2018 academic year, not including the summer term. To be
8eligible to receive funds under the Program, a public
9university campus may not decrease the total amount of
10non-loan financial aid it gives to undergraduate students, not
11including any funds received from the Commission under this
12Section or any funds used to match grant awards under this
13Section, to an amount lower than the reported amount for the
142017-2018 academic year, not including the summer term.
15 (j) On or before a date determined by the Commission, each
16public university campus that participates in the Program
17under this Section shall annually submit a report to the
18Commission with all of the following information:
19 (1) The Program's impact on tuition revenue and
20 enrollment goals and increase in access and affordability
21 at the public university campus.
22 (2) Total funds received by the public university
23 campus under the Program.
24 (3) Total non-loan financial aid awarded to
25 undergraduate students attending the public university
26 campus.

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

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1Assembly shall be filed with the Clerk of the House of
2Representatives and the Secretary of the Senate in electronic
3form only, in the manner that the Clerk and the Secretary shall
4direct. The Commission's report may not disaggregate data to a
5level that may disclose personally identifying information of
6individual students.
7 The sharing and reporting of student data under this
8subsection (j) must be in accordance with the requirements
9under the federal Family Educational Rights and Privacy Act of
101974 and the Illinois School Student Records Act. All parties
11must preserve the confidentiality of the information as
12required by law. The names of the grant recipients under this
13Section are not subject to disclosure under the Freedom of
14Information Act.
15 Public university campuses that fail to submit a report
16under this subsection (j) or that fail to adhere to any other
17requirements under this Section may not be eligible for
18distribution of funds under the Program for the next academic
19year, but may be eligible for distribution of funds for each
20academic year thereafter.
21 (k) The Commission shall adopt rules to implement this
22Section.
23 (l) This Section is repealed on October 1, 2024.
24(Source: P.A. 100-587, eff. 6-4-18; 100-1015, eff. 8-21-18;
25100-1183, eff. 4-4-19; 101-81, eff. 7-12-19; 101-613, eff.
266-1-20; 101-643, eff. 6-18-20; 101-654, eff. 3-8-21.)

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1 Section 5-110. If and only if House Bill 2041 of the 103rd
2General Assembly becomes law, then the Private College Act is
3amended by adding Section 14.12 as follows:
4 (110 ILCS 1005/14.12 new)
5 Sec. 14.12. Transfer of Fund Balance. On the effective
6date of this Section, or as soon thereafter as practical, the
7State Comptroller shall direct and the State Treasurer shall
8transfer the remaining balance from the Private College
9Academic Quality Assurance Fund into the Academic Quality
10Assurance Fund. Upon completion of the transfer, the Private
11College Academic Quality Assurance Fund is dissolved, and any
12future deposits due to that Fund and any outstanding
13obligations or liabilities of that Fund pass to the Academic
14Quality Assurance Fund. This Section is repealed on January 1,
152024.
16 Section 5-120. The Illinois Health Benefits Exchange Law
17is amended by adding Section 5-30 as follows:
18 (215 ILCS 122/5-30 new)
19 Sec. 5-30. Transfers from Insurance Producer
20Administration Fund. During fiscal year 2024 only, at the
21direction of and upon notification from the Director of
22Insurance, the State Comptroller shall direct and the State

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1Treasurer shall transfer up to a total of $10,000,000 from the
2Insurance Producer Administration Fund to the Illinois Health
3Benefits Exchange Fund. This Section is repealed on January 1,
42025.
5 Section 5-121. The Auction License Act is amended by
6changing Section 10-50 as follows:
7 (225 ILCS 407/10-50)
8 (Section scheduled to be repealed on January 1, 2030)
9 Sec. 10-50. Fees; disposition of funds.
10 (a) The Department shall establish by rule a schedule of
11fees for the administration and maintenance of this Act. Such
12fees shall be nonrefundable.
13 (b) Prior to July 1, 2023, all fees collected under this
14Act shall be deposited into the General Professions Dedicated
15Fund and appropriated to the Department for the ordinary and
16contingent expenses of the Department in the administration of
17this Act. Beginning on July 1, 2023, all fees, fines,
18penalties, or other monies received or collected pursuant to
19this Act shall be deposited in the Division of Real Estate
20General Fund. On or after July 1, 2023, at the direction of the
21Department, the Comptroller shall direct and the Treasurer
22shall transfer the remaining balance of funds collected under
23this Act from the General Professions Dedicated Fund to the
24Division of Real Estate General Fund.

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1(Source: P.A. 102-970, eff. 5-27-22.)
2 Section 5-123. The Illinois Horse Racing Act of 1975 is
3amended by changing Sections 30 and 31 as follows:
4 (230 ILCS 5/30) (from Ch. 8, par. 37-30)
5 Sec. 30. (a) The General Assembly declares that it is the
6policy of this State to encourage the breeding of thoroughbred
7horses in this State and the ownership of such horses by
8residents of this State in order to provide for: sufficient
9numbers of high quality thoroughbred horses to participate in
10thoroughbred racing meetings in this State, and to establish
11and preserve the agricultural and commercial benefits of such
12breeding and racing industries to the State of Illinois. It is
13the intent of the General Assembly to further this policy by
14the provisions of this Act.
15 (b) Each organization licensee conducting a thoroughbred
16racing meeting pursuant to this Act shall provide at least two
17races each day limited to Illinois conceived and foaled horses
18or Illinois foaled horses or both. A minimum of 6 races shall
19be conducted each week limited to Illinois conceived and
20foaled or Illinois foaled horses or both. No horses shall be
21permitted to start in such races unless duly registered under
22the rules of the Department of Agriculture.
23 (c) Conditions of races under subsection (b) shall be
24commensurate with past performance, quality, and class of

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1Illinois conceived and foaled and Illinois foaled horses
2available. If, however, sufficient competition cannot be had
3among horses of that class on any day, the races may, with
4consent of the Board, be eliminated for that day and
5substitute races provided.
6 (d) There is hereby created a special fund of the State
7Treasury to be known as the Illinois Thoroughbred Breeders
8Fund.
9 Beginning on June 28, 2019 (the effective date of Public
10Act 101-31) this amendatory Act of the 101st General Assembly,
11the Illinois Thoroughbred Breeders Fund shall become a
12non-appropriated trust fund held separate from State moneys.
13Expenditures from this Fund shall no longer be subject to
14appropriation.
15 Except as provided in subsection (g) of Section 27 of this
16Act, 8.5% of all the monies received by the State as privilege
17taxes on Thoroughbred racing meetings shall be paid into the
18Illinois Thoroughbred Breeders Fund.
19 Notwithstanding any provision of law to the contrary,
20amounts deposited into the Illinois Thoroughbred Breeders Fund
21from revenues generated by gaming pursuant to an organization
22gaming license issued under the Illinois Gambling Act after
23June 28, 2019 (the effective date of Public Act 101-31) this
24amendatory Act of the 101st General Assembly shall be in
25addition to tax and fee amounts paid under this Section for
26calendar year 2019 and thereafter.

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

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

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1 Illinois conceived and foaled or Illinois foaled horses.
2 Awards shall also be provided to the owner or owners of
3 Illinois conceived and foaled and Illinois foaled horses
4 that place second or third in those races. To the extent
5 that additional moneys are required to pay the minimum
6 additional awards of 40% of the purse the horse earns for
7 placing first, second or third in those races for Illinois
8 foaled horses and of 60% of the purse the horse earns for
9 placing first, second or third in those races for Illinois
10 conceived and foaled horses, those moneys shall be
11 provided from the purse account at the track where earned.
12 (3) To provide stallion awards to the owner or owners
13 of any stallion that is duly registered with the Illinois
14 Thoroughbred Breeders Fund Program whose duly registered
15 Illinois conceived and foaled offspring wins a race
16 conducted at an Illinois thoroughbred racing meeting other
17 than a claiming race, provided that the stallion stood
18 service within Illinois at the time the offspring was
19 conceived and that the stallion did not stand for service
20 outside of Illinois at any time during the year in which
21 the offspring was conceived.
22 (4) To provide $75,000 annually for purses to be
23 distributed to county fairs that provide for the running
24 of races during each county fair exclusively for the
25 thoroughbreds conceived and foaled in Illinois. The
26 conditions of the races shall be developed by the county

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

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1 (i) A sum equal to 13% of the first prize money of every
2purse won by an Illinois foaled or Illinois conceived and
3foaled horse in races not limited to Illinois foaled horses or
4Illinois conceived and foaled horses, or both, shall be paid
5by the organization licensee conducting the horse race
6meeting. Such sum shall be paid 50% from the organization
7licensee's share of the money wagered and 50% from the purse
8account as follows: 11 1/2% to the breeder of the winning horse
9and 1 1/2% to the organization representing thoroughbred
10breeders and owners who representative serves on the Illinois
11Thoroughbred Breeders Fund Advisory Board for verifying the
12amounts of breeders' awards earned, ensuring their
13distribution in accordance with this Act, and servicing and
14promoting the Illinois thoroughbred horse racing industry.
15Beginning in the calendar year in which an organization
16licensee that is eligible to receive payments under paragraph
17(13) of subsection (g) of Section 26 of this Act begins to
18receive funds from gaming pursuant to an organization gaming
19license issued under the Illinois Gambling Act, a sum equal to
2021 1/2% of the first prize money of every purse won by an
21Illinois foaled or an Illinois conceived and foaled horse in
22races not limited to an Illinois conceived and foaled horse,
23or both, shall be paid 30% from the organization licensee's
24account and 70% from the purse account as follows: 20% to the
25breeder of the winning horse and 1 1/2% to the organization
26representing thoroughbred breeders and owners whose

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

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1 (j) A sum equal to 13% of the first prize money won in
2every race limited to Illinois foaled horses or Illinois
3conceived and foaled horses, or both, shall be paid in the
4following manner by the organization licensee conducting the
5horse race meeting, 50% from the organization licensee's share
6of the money wagered and 50% from the purse account as follows:
711 1/2% to the breeders of the horses in each such race which
8are the official first, second, third, and fourth finishers
9and 1 1/2% to the organization representing thoroughbred
10breeders and owners whose representatives serve on the
11Illinois Thoroughbred Breeders Fund Advisory Board for
12verifying the amounts of breeders' awards earned, ensuring
13their proper distribution in accordance with this Act, and
14servicing and promoting the Illinois horse racing industry.
15Beginning in the calendar year in which an organization
16licensee that is eligible to receive payments under paragraph
17(13) of subsection (g) of Section 26 of this Act begins to
18receive funds from gaming pursuant to an organization gaming
19license issued under the Illinois Gambling Act, a sum of 21
201/2% of every purse in a race limited to Illinois foaled horses
21or Illinois conceived and foaled horses, or both, shall be
22paid by the organization licensee conducting the horse race
23meeting. Such sum shall be paid 30% from the organization
24licensee's account and 70% from the purse account as follows:
2520% to the breeders of the horses in each such race who are
26official first, second, third and fourth finishers and 1 1/2%

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1to the organization representing thoroughbred breeders and
2owners whose representatives serve on the Illinois
3Thoroughbred Breeders Fund Advisory Board for verifying the
4amounts of breeders' awards earned, ensuring their proper
5distribution in accordance with this Act, and servicing and
6promoting the Illinois thoroughbred horse racing industry. The
7organization representing thoroughbred breeders and owners
8shall cause all expenditures of moneys received under this
9subsection (j) to be audited at least annually by a registered
10public accountant. The organization shall file copies of each
11annual audit with the Racing Board, the Clerk of the House of
12Representatives and the Secretary of the Senate, and shall
13make copies of each annual audit available to the public upon
14request and upon payment of the reasonable cost of
15photocopying the requested number of copies. The copies of the
16audit to the General Assembly shall be filed with the Clerk of
17the House of Representatives and the Secretary of the Senate
18in electronic form only, in the manner that the Clerk and the
19Secretary shall direct.
20 The amounts paid to the breeders in accordance with this
21subsection shall be distributed as follows:
22 (1) 60% of such sum shall be paid to the breeder of the
23 horse which finishes in the official first position;
24 (2) 20% of such sum shall be paid to the breeder of the
25 horse which finishes in the official second position;
26 (3) 15% of such sum shall be paid to the breeder of the

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

10300HB3817sam002- 388 -LRB103 30519 JDS 62533 a
1state during the season of foaling. An "Illinois foaled horse"
2also means a foal born in Illinois of a mare purchased at
3public auction subsequent to the mare entering this State on
4or before March 1 of the foaling year providing the mare is
5owned solely by one or more Illinois residents or an Illinois
6entity that is entirely owned by one or more Illinois
7residents.
8 (l) The Department of Agriculture shall, by rule, with the
9advice and assistance of the Illinois Thoroughbred Breeders
10Fund Advisory Board:
11 (1) Qualify stallions for Illinois breeding; such
12 stallions to stand for service within the State of
13 Illinois at the time of a foal's conception. Such stallion
14 must not stand for service at any place outside the State
15 of Illinois during the calendar year in which the foal is
16 conceived. The Department of Agriculture may assess and
17 collect an application fee of up to $500 for the
18 registration of Illinois-eligible stallions. All fees
19 collected are to be held in trust accounts for the
20 purposes set forth in this Act and in accordance with
21 Section 205-15 of the Department of Agriculture Law.
22 (2) Provide for the registration of Illinois conceived
23 and foaled horses and Illinois foaled horses. No such
24 horse shall compete in the races limited to Illinois
25 conceived and foaled horses or Illinois foaled horses or
26 both unless registered with the Department of Agriculture.

10300HB3817sam002- 389 -LRB103 30519 JDS 62533 a
1 The Department of Agriculture may prescribe such forms as
2 are necessary to determine the eligibility of such horses.
3 The Department of Agriculture may assess and collect
4 application fees for the registration of Illinois-eligible
5 foals. All fees collected are to be held in trust accounts
6 for the purposes set forth in this Act and in accordance
7 with Section 205-15 of the Department of Agriculture Law.
8 No person shall knowingly prepare or cause preparation of
9 an application for registration of such foals containing
10 false information.
11 (m) The Department of Agriculture, with the advice and
12assistance of the Illinois Thoroughbred Breeders Fund Advisory
13Board, shall provide that certain races limited to Illinois
14conceived and foaled and Illinois foaled horses be stakes
15races and determine the total amount of stakes and awards to be
16paid to the owners of the winning horses in such races.
17 In determining the stakes races and the amount of awards
18for such races, the Department of Agriculture shall consider
19factors, including but not limited to, the amount of money
20transferred into appropriated for the Illinois Thoroughbred
21Breeders Fund program, organization licensees' contributions,
22availability of stakes caliber horses as demonstrated by past
23performances, whether the race can be coordinated into the
24proposed racing dates within organization licensees' racing
25dates, opportunity for colts and fillies and various age
26groups to race, public wagering on such races, and the

10300HB3817sam002- 390 -LRB103 30519 JDS 62533 a
1previous racing schedule.
2 (n) The Board and the organization licensee shall notify
3the Department of the conditions and minimum purses for races
4limited to Illinois conceived and foaled and Illinois foaled
5horses conducted for each organization licensee conducting a
6thoroughbred racing meeting. The Department of Agriculture
7with the advice and assistance of the Illinois Thoroughbred
8Breeders Fund Advisory Board may allocate monies for purse
9supplements for such races. In determining whether to allocate
10money and the amount, the Department of Agriculture shall
11consider factors, including but not limited to, the amount of
12money transferred into appropriated for the Illinois
13Thoroughbred Breeders Fund program, the number of races that
14may occur, and the organization licensee's purse structure.
15 (o) (Blank).
16(Source: P.A. 101-31, eff. 6-28-19.)
17 (230 ILCS 5/31) (from Ch. 8, par. 37-31)
18 Sec. 31. (a) The General Assembly declares that it is the
19policy of this State to encourage the breeding of standardbred
20horses in this State and the ownership of such horses by
21residents of this State in order to provide for: sufficient
22numbers of high quality standardbred horses to participate in
23harness racing meetings in this State, and to establish and
24preserve the agricultural and commercial benefits of such
25breeding and racing industries to the State of Illinois. It is

10300HB3817sam002- 391 -LRB103 30519 JDS 62533 a
1the intent of the General Assembly to further this policy by
2the provisions of this Section of this Act.
3 (b) Each organization licensee conducting a harness racing
4meeting pursuant to this Act shall provide for at least two
5races each race program limited to Illinois conceived and
6foaled horses. A minimum of 6 races shall be conducted each
7week limited to Illinois conceived and foaled horses. No
8horses shall be permitted to start in such races unless duly
9registered under the rules of the Department of Agriculture.
10 (b-5) Organization licensees, not including the Illinois
11State Fair or the DuQuoin State Fair, shall provide stake
12races and early closer races for Illinois conceived and foaled
13horses so that purses distributed for such races shall be no
14less than 17% of total purses distributed for harness racing
15in that calendar year in addition to any stakes payments and
16starting fees contributed by horse owners.
17 (b-10) Each organization licensee conducting a harness
18racing meeting pursuant to this Act shall provide an owner
19award to be paid from the purse account equal to 12% of the
20amount earned by Illinois conceived and foaled horses
21finishing in the first 3 positions in races that are not
22restricted to Illinois conceived and foaled horses. The owner
23awards shall not be paid on races below the $10,000 claiming
24class.
25 (c) Conditions of races under subsection (b) shall be
26commensurate with past performance, quality and class of

10300HB3817sam002- 392 -LRB103 30519 JDS 62533 a
1Illinois conceived and foaled horses available. If, however,
2sufficient competition cannot be had among horses of that
3class on any day, the races may, with consent of the Board, be
4eliminated for that day and substitute races provided.
5 (d) There is hereby created a special fund of the State
6Treasury to be known as the Illinois Standardbred Breeders
7Fund. Beginning on June 28, 2019 (the effective date of Public
8Act 101-31), the Illinois Standardbred Breeders Fund shall
9become a non-appropriated trust fund held separate and apart
10from State moneys. Expenditures from this Fund shall no longer
11be subject to appropriation.
12 During the calendar year 1981, and each year thereafter,
13except as provided in subsection (g) of Section 27 of this Act,
14eight and one-half per cent of all the monies received by the
15State as privilege taxes on harness racing meetings shall be
16paid into the Illinois Standardbred Breeders Fund.
17 (e) Notwithstanding any provision of law to the contrary,
18amounts deposited into the Illinois Standardbred Breeders Fund
19from revenues generated by gaming pursuant to an organization
20gaming license issued under the Illinois Gambling Act after
21June 28, 2019 (the effective date of Public Act 101-31) shall
22be in addition to tax and fee amounts paid under this Section
23for calendar year 2019 and thereafter. The Illinois
24Standardbred Breeders Fund shall be administered by the
25Department of Agriculture with the assistance and advice of
26the Advisory Board created in subsection (f) of this Section.

10300HB3817sam002- 393 -LRB103 30519 JDS 62533 a
1 (f) The Illinois Standardbred Breeders Fund Advisory Board
2is hereby created. The Advisory Board shall consist of the
3Director of the Department of Agriculture, who shall serve as
4Chairman; the Superintendent of the Illinois State Fair; a
5member of the Illinois Racing Board, designated by it; a
6representative of the largest association of Illinois
7standardbred owners and breeders, recommended by it; a
8representative of a statewide association representing
9agricultural fairs in Illinois, recommended by it, such
10representative to be from a fair at which Illinois conceived
11and foaled racing is conducted; a representative of the
12organization licensees conducting harness racing meetings,
13recommended by them; a representative of the Breeder's
14Committee of the association representing the largest number
15of standardbred owners, breeders, trainers, caretakers, and
16drivers, recommended by it; and a representative of the
17association representing the largest number of standardbred
18owners, breeders, trainers, caretakers, and drivers,
19recommended by it. Advisory Board members shall serve for 2
20years commencing January 1 of each odd numbered year. If
21representatives of the largest association of Illinois
22standardbred owners and breeders, a statewide association of
23agricultural fairs in Illinois, the association representing
24the largest number of standardbred owners, breeders, trainers,
25caretakers, and drivers, a member of the Breeder's Committee
26of the association representing the largest number of

10300HB3817sam002- 394 -LRB103 30519 JDS 62533 a
1standardbred owners, breeders, trainers, caretakers, and
2drivers, and the organization licensees conducting harness
3racing meetings have not been recommended by January 1 of each
4odd numbered year, the Director of the Department of
5Agriculture shall make an appointment for the organization
6failing to so recommend a member of the Advisory Board.
7Advisory Board members shall receive no compensation for their
8services as members but shall be reimbursed for all actual and
9necessary expenses and disbursements incurred in the execution
10of their official duties.
11 (g) Monies expended from the Illinois Standardbred
12Breeders Fund shall be expended by the Department of
13Agriculture, with the assistance and advice of the Illinois
14Standardbred Breeders Fund Advisory Board for the following
15purposes only:
16 1. To provide purses for races limited to Illinois
17 conceived and foaled horses at the State Fair and the
18 DuQuoin State Fair.
19 2. To provide purses for races limited to Illinois
20 conceived and foaled horses at county fairs.
21 3. To provide purse supplements for races limited to
22 Illinois conceived and foaled horses conducted by
23 associations conducting harness racing meetings.
24 4. No less than 75% of all monies in the Illinois
25 Standardbred Breeders Fund shall be expended for purses in
26 1, 2, and 3 as shown above.

10300HB3817sam002- 395 -LRB103 30519 JDS 62533 a
1 5. In the discretion of the Department of Agriculture
2 to provide awards to harness breeders of Illinois
3 conceived and foaled horses which win races conducted by
4 organization licensees conducting harness racing meetings.
5 A breeder is the owner of a mare at the time of conception.
6 No more than 10% of all moneys transferred into monies
7 appropriated from the Illinois Standardbred Breeders Fund
8 shall be expended for such harness breeders awards. No
9 more than 25% of the amount expended for harness breeders
10 awards shall be expended for expenses incurred in the
11 administration of such harness breeders awards.
12 6. To pay for the improvement of racing facilities
13 located at the State Fair and County fairs.
14 7. To pay the expenses incurred in the administration
15 of the Illinois Standardbred Breeders Fund.
16 8. To promote the sport of harness racing, including
17 grants up to a maximum of $7,500 per fair per year for
18 conducting pari-mutuel wagering during the advertised
19 dates of a county fair.
20 9. To pay up to $50,000 annually for the Department of
21 Agriculture to conduct drug testing at county fairs racing
22 standardbred horses.
23 (h) The Illinois Standardbred Breeders Fund is not subject
24to administrative charges or chargebacks, including, but not
25limited to, those authorized under Section 8h of the State
26Finance Act.

10300HB3817sam002- 396 -LRB103 30519 JDS 62533 a
1 (i) A sum equal to 13% of the first prize money of the
2gross purse won by an Illinois conceived and foaled horse
3shall be paid 50% by the organization licensee conducting the
4horse race meeting to the breeder of such winning horse from
5the organization licensee's account and 50% from the purse
6account of the licensee. Such payment shall not reduce any
7award to the owner of the horse or reduce the taxes payable
8under this Act. Such payment shall be delivered by the
9organization licensee at the end of each quarter.
10 (j) The Department of Agriculture shall, by rule, with the
11assistance and advice of the Illinois Standardbred Breeders
12Fund Advisory Board:
13 1. Qualify stallions for Illinois Standardbred
14 Breeders Fund breeding. Such stallion shall stand for
15 service at and within the State of Illinois at the time of
16 a foal's conception, and such stallion must not stand for
17 service at any place outside the State of Illinois during
18 that calendar year in which the foal is conceived.
19 However, on and after January 1, 2018, semen from an
20 Illinois stallion may be transported outside the State of
21 Illinois.
22 2. Provide for the registration of Illinois conceived
23 and foaled horses and no such horse shall compete in the
24 races limited to Illinois conceived and foaled horses
25 unless registered with the Department of Agriculture. The
26 Department of Agriculture may prescribe such forms as may

10300HB3817sam002- 397 -LRB103 30519 JDS 62533 a
1 be necessary to determine the eligibility of such horses.
2 No person shall knowingly prepare or cause preparation of
3 an application for registration of such foals containing
4 false information. A mare (dam) must be in the State at
5 least 30 days prior to foaling or remain in the State at
6 least 30 days at the time of foaling. However, the
7 requirement that a mare (dam) must be in the State at least
8 30 days before foaling or remain in the State at least 30
9 days at the time of foaling shall not be in effect from
10 January 1, 2018 until January 1, 2022. Beginning with the
11 1996 breeding season and for foals of 1997 and thereafter,
12 a foal conceived by transported semen may be eligible for
13 Illinois conceived and foaled registration provided all
14 breeding and foaling requirements are met. The stallion
15 must be qualified for Illinois Standardbred Breeders Fund
16 breeding at the time of conception. The foal must be
17 dropped in Illinois and properly registered with the
18 Department of Agriculture in accordance with this Act.
19 However, from January 1, 2018 until January 1, 2022, the
20 requirement for a mare to be inseminated within the State
21 of Illinois and the requirement for a foal to be dropped in
22 Illinois are inapplicable.
23 3. Provide that at least a 5-day racing program shall
24 be conducted at the State Fair each year, unless an
25 alternate racing program is requested by the Illinois
26 Standardbred Breeders Fund Advisory Board, which program

10300HB3817sam002- 398 -LRB103 30519 JDS 62533 a
1 shall include at least the following races limited to
2 Illinois conceived and foaled horses: (a) a 2-year-old
3 Trot and Pace, and Filly Division of each; (b) a
4 3-year-old Trot and Pace, and Filly Division of each; (c)
5 an aged Trot and Pace, and Mare Division of each.
6 4. Provide for the payment of nominating, sustaining
7 and starting fees for races promoting the sport of harness
8 racing and for the races to be conducted at the State Fair
9 as provided in subsection (j) 3 of this Section provided
10 that the nominating, sustaining and starting payment
11 required from an entrant shall not exceed 2% of the purse
12 of such race. All nominating, sustaining and starting
13 payments shall be held for the benefit of entrants and
14 shall be paid out as part of the respective purses for such
15 races. Nominating, sustaining and starting fees shall be
16 held in trust accounts for the purposes as set forth in
17 this Act and in accordance with Section 205-15 of the
18 Department of Agriculture Law.
19 5. Provide for the registration with the Department of
20 Agriculture of Colt Associations or county fairs desiring
21 to sponsor races at county fairs.
22 6. Provide for the promotion of producing standardbred
23 racehorses by providing a bonus award program for owners
24 of 2-year-old horses that win multiple major stakes races
25 that are limited to Illinois conceived and foaled horses.
26 (k) The Department of Agriculture, with the advice and

10300HB3817sam002- 399 -LRB103 30519 JDS 62533 a
1assistance of the Illinois Standardbred Breeders Fund Advisory
2Board, may allocate monies for purse supplements for such
3races. In determining whether to allocate money and the
4amount, the Department of Agriculture shall consider factors,
5including, but not limited to, the amount of money transferred
6into appropriated for the Illinois Standardbred Breeders Fund
7program, the number of races that may occur, and an
8organization licensee's purse structure. The organization
9licensee shall notify the Department of Agriculture of the
10conditions and minimum purses for races limited to Illinois
11conceived and foaled horses to be conducted by each
12organization licensee conducting a harness racing meeting for
13which purse supplements have been negotiated.
14 (l) All races held at county fairs and the State Fair which
15receive funds from the Illinois Standardbred Breeders Fund
16shall be conducted in accordance with the rules of the United
17States Trotting Association unless otherwise modified by the
18Department of Agriculture.
19 (m) At all standardbred race meetings held or conducted
20under authority of a license granted by the Board, and at all
21standardbred races held at county fairs which are approved by
22the Department of Agriculture or at the Illinois or DuQuoin
23State Fairs, no one shall jog, train, warm up or drive a
24standardbred horse unless he or she is wearing a protective
25safety helmet, with the chin strap fastened and in place,
26which meets the standards and requirements as set forth in the

10300HB3817sam002- 400 -LRB103 30519 JDS 62533 a
11984 Standard for Protective Headgear for Use in Harness
2Racing and Other Equestrian Sports published by the Snell
3Memorial Foundation, or any standards and requirements for
4headgear the Illinois Racing Board may approve. Any other
5standards and requirements so approved by the Board shall
6equal or exceed those published by the Snell Memorial
7Foundation. Any equestrian helmet bearing the Snell label
8shall be deemed to have met those standards and requirements.
9(Source: P.A. 101-31, eff. 6-28-19; 101-157, eff. 7-26-19;
10102-558, eff. 8-20-21; 102-689, eff. 12-17-21.)
11 Section 5-125. The Illinois Public Aid Code is amended by
12changing Section 12-10.7a as follows:
13 (305 ILCS 5/12-10.7a)
14 Sec. 12-10.7a. The Money Follows the Person Budget
15Transfer Fund is hereby created as a special fund in the State
16treasury.
17 (a) Notwithstanding any State law to the contrary, the
18following moneys shall be deposited into the Fund:
19 (1) enhanced federal financial participation funds
20 related to any spending under a Money Follows the Person
21 demonstration project or initiative, as approved by the
22 federal Centers for Medicare and Medicaid Services on May
23 14, 2007, and as codified at 20 ILCS 2407/51 et seq.,
24 regardless of whether such spending occurred from the

10300HB3817sam002- 401 -LRB103 30519 JDS 62533 a
1 Money Follows the Person Budget Transfer Fund;
2 (2) federal financial participation funds related to
3 any spending under a Money Follows the Person
4 demonstration project or initiative, as approved by the
5 federal Centers for Medicare and Medicaid Services on May
6 14, 2007, and as codified at 20 ILCS 2407/51 et seq., that
7 occurred from the Money Follows the Person Budget Transfer
8 Fund;
9 (2.5) other federal funds awarded for a Money Follows
10 the Person demonstration project or initiative, as
11 approved by the federal Centers for Medicare and Medicaid
12 Services and codified at 20 ILCS 2407/51 et seq.;
13 (3) deposits made via the voucher-warrant process from
14 institutional long-term care appropriations to the
15 Department of Healthcare and Family Services and
16 institutional developmentally disabled long-term care
17 appropriations to the Department of Human Services;
18 (4) deposits made via the voucher-warrant process from
19 appropriation lines used to fund community-based services
20 for individuals eligible for nursing facility level of
21 care to the Department of Human Services, the Department
22 on Aging, or the Department of Healthcare and Family
23 Services;
24 (5) interest earned on moneys in the Fund; and
25 (6) all other moneys received by the Fund from any
26 source.

10300HB3817sam002- 402 -LRB103 30519 JDS 62533 a
1 (b) Subject to appropriation, moneys in the Fund may be
2used by the Department of Healthcare and Family Services for
3reimbursement or payment for:
4 (1) expenses related to rebalancing long-term care
5 services between institutional and community-based
6 settings as authorized under a Money Follows the Person
7 demonstration project or initiative, as approved by the
8 federal Centers for Medicare and Medicaid Services on May
9 14, 2007, and as codified at 20 ILCS 2407/51 et seq.,
10 including, but not limited to, reimbursement to other
11 entities of State government for related expenditures;
12 (2) expenses for community-based services for
13 individuals eligible for nursing facility level of care in
14 the Department of Human Services, the Department on Aging,
15 or the Department of Healthcare and Family Services to the
16 extent the expenses reimbursed or paid are in excess of
17 the amounts budgeted to those Departments each fiscal year
18 for persons transitioning out of institutional long-term
19 care settings under a Money Follows the Person
20 demonstration project or initiative, as approved by the
21 federal Centers for Medicare and Medicaid Services on May
22 14, 2007, and as codified at 20 ILCS 2407/51 et seq.;
23 (3) expenses for institutional long-term care services
24 at the Department of Healthcare and Family Services to the
25 extent that the expenses reimbursed or paid are for
26 services in excess of the amount budgeted to the

10300HB3817sam002- 403 -LRB103 30519 JDS 62533 a
1 Department each fiscal year for persons who had or
2 otherwise were expected to transition out of institutional
3 long-term care settings under a Money Follows the Person
4 demonstration project or initiative, as approved by the
5 federal Centers for Medicare and Medicaid Services on May
6 14, 2007, and as codified at 20 ILCS 2407/51 et seq.; and
7 (4) expenses, including operational, administrative,
8 and refund expenses, necessary to implement and operate a
9 Money Follows the Person demonstration project or
10 initiative, as approved by the federal Centers for
11 Medicare and Medicaid Services on May 14, 2007, and as
12 codified at 20 ILCS 2407/51 et seq.
13 Expenses reimbursed or paid on behalf of other agencies by
14the Department of Healthcare and Family Services under this
15subsection shall be pursuant to an interagency agreement and
16allowable under a Money Follows the Person demonstration
17project or initiative, as approved by the federal Centers for
18Medicare and Medicaid Services on May 14, 2007, and as
19codified at 20 ILCS 2407/51 et seq.
20(Source: P.A. 95-744, eff. 7-18-08.)
21 Section 5-127. The Early Mental Health and Addictions
22Treatment Act is amended by adding Section 15 as follows:
23 (305 ILCS 65/15 new)
24 Sec. 15. Availability of naloxone formulations. The

10300HB3817sam002- 404 -LRB103 30519 JDS 62533 a
1Department of Human Services shall, as part of the fiscal year
22024 Drug Overdose Prevention Program, make all FDA-approved
3formulations of naloxone that are cleared through the
4Minnesota Multistate Contracting Alliance for Pharmacy, and
5for which the manufacturer can set up a system for receiving,
6tracking, and distribution, available to eligible Drug
7Overdose Prevention Program participants and applicants.
8 Section 5-130. The Cannabis Regulation and Tax Act is
9amended by changing Section 7-10 as follows:
10 (410 ILCS 705/7-10)
11 Sec. 7-10. Cannabis Business Development Fund.
12 (a) There is created in the State treasury a special fund,
13which shall be held separate and apart from all other State
14moneys, to be known as the Cannabis Business Development Fund.
15The Cannabis Business Development Fund shall be exclusively
16used for the following purposes:
17 (1) to provide low-interest rate loans to Qualified
18 Social Equity Applicants to pay for ordinary and necessary
19 expenses to start and operate a cannabis business
20 establishment permitted by this Act;
21 (2) to provide grants to Qualified Social Equity
22 Applicants to pay for ordinary and necessary expenses to
23 start and operate a cannabis business establishment
24 permitted by this Act;

10300HB3817sam002- 405 -LRB103 30519 JDS 62533 a
1 (3) to compensate the Department of Commerce and
2 Economic Opportunity for any costs related to the
3 provision of low-interest loans and grants to Qualified
4 Social Equity Applicants;
5 (4) to pay for outreach that may be provided or
6 targeted to attract and support Social Equity Applicants
7 and Qualified Social Equity Applicants;
8 (5) (blank);
9 (6) to conduct any study or research concerning the
10 participation of minorities, women, veterans, or people
11 with disabilities in the cannabis industry, including,
12 without limitation, barriers to such individuals entering
13 the industry as equity owners of cannabis business
14 establishments;
15 (7) (blank); and
16 (8) to assist with job training and technical
17 assistance for residents in Disproportionately Impacted
18 Areas.
19 (b) All moneys collected under Sections 15-15 and 15-20
20for Early Approval Adult Use Dispensing Organization Licenses
21issued before January 1, 2021 and remunerations made as a
22result of transfers of permits awarded to Qualified Social
23Equity Applicants shall be deposited into the Cannabis
24Business Development Fund.
25 (c) (Blank). As soon as practical after July 1, 2019, the
26Comptroller shall order and the Treasurer shall transfer

10300HB3817sam002- 406 -LRB103 30519 JDS 62533 a
1$12,000,000 from the Compassionate Use of Medical Cannabis
2Fund to the Cannabis Business Development Fund.
3 (c-5) In addition to any other transfers that may be
4provided for by law, on July 1, 2023, or as soon thereafter as
5practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $40,000,000 from the
7Compassionate Use of Medical Cannabis Fund to the Cannabis
8Business Development Fund.
9 (d) Notwithstanding any other law to the contrary, the
10Cannabis Business Development Fund is not subject to sweeps,
11administrative charge-backs, or any other fiscal or budgetary
12maneuver that would in any way transfer any amounts from the
13Cannabis Business Development Fund into any other fund of the
14State.
15(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
16 Section 5-135. The Environmental Protection Act is amended
17by changing Sections 22.15 and 57.11 as follows:
18 (415 ILCS 5/22.15)
19 Sec. 22.15. Solid Waste Management Fund; fees.
20 (a) There is hereby created within the State Treasury a
21special fund to be known as the Solid Waste Management Fund, to
22be constituted from the fees collected by the State pursuant
23to this Section, from repayments of loans made from the Fund
24for solid waste projects, from registration fees collected

10300HB3817sam002- 407 -LRB103 30519 JDS 62533 a
1pursuant to the Consumer Electronics Recycling Act, and from
2amounts transferred into the Fund pursuant to Public Act
3100-433. Moneys received by either the Agency or the
4Department of Commerce and Economic Opportunity in repayment
5of loans made pursuant to the Illinois Solid Waste Management
6Act shall be deposited into the General Revenue Fund.
7 (b) The Agency shall assess and collect a fee in the amount
8set forth herein from the owner or operator of each sanitary
9landfill permitted or required to be permitted by the Agency
10to dispose of solid waste if the sanitary landfill is located
11off the site where such waste was produced and if such sanitary
12landfill is owned, controlled, and operated by a person other
13than the generator of such waste. The Agency shall deposit all
14fees collected into the Solid Waste Management Fund. If a site
15is contiguous to one or more landfills owned or operated by the
16same person, the volumes permanently disposed of by each
17landfill shall be combined for purposes of determining the fee
18under this subsection. Beginning on July 1, 2018, and on the
19first day of each month thereafter during fiscal years 2019
20through 2024 2023, the State Comptroller shall direct and
21State Treasurer shall transfer an amount equal to 1/12 of
22$5,000,000 per fiscal year from the Solid Waste Management
23Fund to the General Revenue Fund.
24 (1) If more than 150,000 cubic yards of non-hazardous
25 solid waste is permanently disposed of at a site in a
26 calendar year, the owner or operator shall either pay a

10300HB3817sam002- 408 -LRB103 30519 JDS 62533 a
1 fee of 95 cents per cubic yard or, alternatively, the
2 owner or operator may weigh the quantity of the solid
3 waste permanently disposed of with a device for which
4 certification has been obtained under the Weights and
5 Measures Act and pay a fee of $2.00 per ton of solid waste
6 permanently disposed of. In no case shall the fee
7 collected or paid by the owner or operator under this
8 paragraph exceed $1.55 per cubic yard or $3.27 per ton.
9 (2) If more than 100,000 cubic yards but not more than
10 150,000 cubic yards of non-hazardous waste is permanently
11 disposed of at a site in a calendar year, the owner or
12 operator shall pay a fee of $52,630.
13 (3) If more than 50,000 cubic yards but not more than
14 100,000 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 $23,790.
17 (4) If more than 10,000 cubic yards but not more than
18 50,000 cubic yards of non-hazardous solid waste is
19 permanently disposed of at a site in a calendar year, the
20 owner or operator shall pay a fee of $7,260.
21 (5) If not more than 10,000 cubic yards of
22 non-hazardous solid waste is permanently disposed of at a
23 site in a calendar year, the owner or operator shall pay a
24 fee of $1050.
25 (c) (Blank).
26 (d) The Agency shall establish rules relating to the

10300HB3817sam002- 409 -LRB103 30519 JDS 62533 a
1collection of the fees authorized by this Section. Such rules
2shall include, but not be limited to:
3 (1) necessary records identifying the quantities of
4 solid waste received or disposed;
5 (2) the form and submission of reports to accompany
6 the payment of fees to the Agency;
7 (3) the time and manner of payment of fees to the
8 Agency, which payments shall not be more often than
9 quarterly; and
10 (4) procedures setting forth criteria establishing
11 when an owner or operator may measure by weight or volume
12 during any given quarter or other fee payment period.
13 (e) Pursuant to appropriation, all monies in the Solid
14Waste Management Fund shall be used by the Agency for the
15purposes set forth in this Section and in the Illinois Solid
16Waste Management Act, including for the costs of fee
17collection and administration, and for the administration of
18the Consumer Electronics Recycling Act and the Drug Take-Back
19Act.
20 (f) The Agency is authorized to enter into such agreements
21and to promulgate such rules as are necessary to carry out its
22duties under this Section and the Illinois Solid Waste
23Management Act.
24 (g) On the first day of January, April, July, and October
25of each year, beginning on July 1, 1996, the State Comptroller
26and Treasurer shall transfer $500,000 from the Solid Waste

10300HB3817sam002- 410 -LRB103 30519 JDS 62533 a
1Management Fund to the Hazardous Waste Fund. Moneys
2transferred under this subsection (g) shall be used only for
3the purposes set forth in item (1) of subsection (d) of Section
422.2.
5 (h) The Agency is authorized to provide financial
6assistance to units of local government for the performance of
7inspecting, investigating, and enforcement activities pursuant
8to subsection (r) of Section 4 Section 4(r) at nonhazardous
9solid waste disposal sites.
10 (i) The Agency is authorized to conduct household waste
11collection and disposal programs.
12 (j) A unit of local government, as defined in the Local
13Solid Waste Disposal Act, in which a solid waste disposal
14facility is located may establish a fee, tax, or surcharge
15with regard to the permanent disposal of solid waste. All
16fees, taxes, and surcharges collected under this subsection
17shall be utilized for solid waste management purposes,
18including long-term monitoring and maintenance of landfills,
19planning, implementation, inspection, enforcement and other
20activities consistent with the Solid Waste Management Act and
21the Local Solid Waste Disposal Act, or for any other
22environment-related purpose, including, but not limited to, an
23environment-related public works project, but not for the
24construction of a new pollution control facility other than a
25household hazardous waste facility. However, the total fee,
26tax or surcharge imposed by all units of local government

10300HB3817sam002- 411 -LRB103 30519 JDS 62533 a
1under this subsection (j) upon the solid waste disposal
2facility shall not exceed:
3 (1) 60¢ per cubic yard if more than 150,000 cubic
4 yards of non-hazardous solid waste is permanently disposed
5 of at the site in a calendar year, unless the owner or
6 operator weighs the quantity of the solid waste received
7 with a device for which certification has been obtained
8 under the Weights and Measures Act, in which case the fee
9 shall not exceed $1.27 per ton of solid waste permanently
10 disposed of.
11 (2) $33,350 if more than 100,000 cubic yards, but not
12 more than 150,000 cubic yards, of non-hazardous waste is
13 permanently disposed of at the site in a calendar year.
14 (3) $15,500 if more than 50,000 cubic yards, but not
15 more than 100,000 cubic yards, of non-hazardous solid
16 waste is permanently disposed of at the site in a calendar
17 year.
18 (4) $4,650 if more than 10,000 cubic yards, but not
19 more than 50,000 cubic yards, of non-hazardous solid waste
20 is permanently disposed of at the site in a calendar year.
21 (5) $650 if not more than 10,000 cubic yards of
22 non-hazardous solid waste is permanently disposed of at
23 the site in a calendar year.
24 The corporate authorities of the unit of local government
25may use proceeds from the fee, tax, or surcharge to reimburse a
26highway commissioner whose road district lies wholly or

10300HB3817sam002- 412 -LRB103 30519 JDS 62533 a
1partially within the corporate limits of the unit of local
2government for expenses incurred in the removal of
3nonhazardous, nonfluid municipal waste that has been dumped on
4public property in violation of a State law or local
5ordinance.
6 For the disposal of solid waste from general construction
7or demolition debris recovery facilities as defined in
8subsection (a-1) of Section 3.160, the total fee, tax, or
9surcharge imposed by all units of local government under this
10subsection (j) upon the solid waste disposal facility shall
11not exceed 50% of the applicable amount set forth above. A unit
12of local government, as defined in the Local Solid Waste
13Disposal Act, in which a general construction or demolition
14debris recovery facility is located may establish a fee, tax,
15or surcharge on the general construction or demolition debris
16recovery facility with regard to the permanent disposal of
17solid waste by the general construction or demolition debris
18recovery facility at a solid waste disposal facility, provided
19that such fee, tax, or surcharge shall not exceed 50% of the
20applicable amount set forth above, based on the total amount
21of solid waste transported from the general construction or
22demolition debris recovery facility for disposal at solid
23waste disposal facilities, and the unit of local government
24and fee shall be subject to all other requirements of this
25subsection (j).
26 A county or Municipal Joint Action Agency that imposes a

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1fee, tax, or surcharge under this subsection may use the
2proceeds thereof to reimburse a municipality that lies wholly
3or partially within its boundaries for expenses incurred in
4the removal of nonhazardous, nonfluid municipal waste that has
5been dumped on public property in violation of a State law or
6local ordinance.
7 If the fees are to be used to conduct a local sanitary
8landfill inspection or enforcement program, the unit of local
9government must enter into a written delegation agreement with
10the Agency pursuant to subsection (r) of Section 4. The unit of
11local government and the Agency shall enter into such a
12written delegation agreement within 60 days after the
13establishment of such fees. At least annually, the Agency
14shall conduct an audit of the expenditures made by units of
15local government from the funds granted by the Agency to the
16units of local government for purposes of local sanitary
17landfill inspection and enforcement programs, to ensure that
18the funds have been expended for the prescribed purposes under
19the grant.
20 The fees, taxes or surcharges collected under this
21subsection (j) shall be placed by the unit of local government
22in a separate fund, and the interest received on the moneys in
23the fund shall be credited to the fund. The monies in the fund
24may be accumulated over a period of years to be expended in
25accordance with this subsection.
26 A unit of local government, as defined in the Local Solid

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1Waste Disposal Act, shall prepare and post on its website, in
2April of each year, a report that details spending plans for
3monies collected in accordance with this subsection. The
4report will at a minimum include the following:
5 (1) The total monies collected pursuant to this
6 subsection.
7 (2) The most current balance of monies collected
8 pursuant to this subsection.
9 (3) An itemized accounting of all monies expended for
10 the previous year pursuant to this subsection.
11 (4) An estimation of monies to be collected for the
12 following 3 years pursuant to this subsection.
13 (5) A narrative detailing the general direction and
14 scope of future expenditures for one, 2 and 3 years.
15 The exemptions granted under Sections 22.16 and 22.16a,
16and under subsection (k) of this Section, shall be applicable
17to any fee, tax or surcharge imposed under this subsection
18(j); except that the fee, tax or surcharge authorized to be
19imposed under this subsection (j) may be made applicable by a
20unit of local government to the permanent disposal of solid
21waste after December 31, 1986, under any contract lawfully
22executed before June 1, 1986 under which more than 150,000
23cubic yards (or 50,000 tons) of solid waste is to be
24permanently disposed of, even though the waste is exempt from
25the fee imposed by the State under subsection (b) of this
26Section pursuant to an exemption granted under Section 22.16.

10300HB3817sam002- 415 -LRB103 30519 JDS 62533 a
1 (k) In accordance with the findings and purposes of the
2Illinois Solid Waste Management Act, beginning January 1, 1989
3the fee under subsection (b) and the fee, tax or surcharge
4under subsection (j) shall not apply to:
5 (1) waste which is hazardous waste;
6 (2) waste which is pollution control waste;
7 (3) waste from recycling, reclamation or reuse
8 processes which have been approved by the Agency as being
9 designed to remove any contaminant from wastes so as to
10 render such wastes reusable, provided that the process
11 renders at least 50% of the waste reusable; the exemption
12 set forth in this paragraph (3) of this subsection (k)
13 shall not apply to general construction or demolition
14 debris recovery facilities as defined in subsection (a-1)
15 of Section 3.160;
16 (4) non-hazardous solid waste that is received at a
17 sanitary landfill and composted or recycled through a
18 process permitted by the Agency; or
19 (5) any landfill which is permitted by the Agency to
20 receive only demolition or construction debris or
21 landscape waste.
22(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
23102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.
248-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22;
25102-1055, eff. 6-10-22; revised 8-25-22.)

10300HB3817sam002- 416 -LRB103 30519 JDS 62533 a
1 (415 ILCS 5/57.11)
2 Sec. 57.11. Underground Storage Tank Fund; creation.
3 (a) There is hereby created in the State Treasury a
4special fund to be known as the Underground Storage Tank Fund.
5There shall be deposited into the Underground Storage Tank
6Fund all moneys received by the Office of the State Fire
7Marshal as fees for underground storage tanks under Sections 4
8and 5 of the Gasoline Storage Act, fees pursuant to the Motor
9Fuel Tax Law, and beginning July 1, 2013, payments pursuant to
10the Use Tax Act, the Service Use Tax Act, the Service
11Occupation Tax Act, and the Retailers' Occupation Tax Act. All
12amounts held in the Underground Storage Tank Fund shall be
13invested at interest by the State Treasurer. All income earned
14from the investments shall be deposited into the Underground
15Storage Tank Fund no less frequently than quarterly. In
16addition to any other transfers that may be provided for by
17law, beginning on July 1, 2018 and on the first day of each
18month thereafter during fiscal years 2019 through 2024 2023
19only, the State Comptroller shall direct and the State
20Treasurer shall transfer an amount equal to 1/12 of
21$10,000,000 from the Underground Storage Tank Fund to the
22General Revenue Fund. Moneys in the Underground Storage Tank
23Fund, pursuant to appropriation, may be used by the Agency and
24the Office of the State Fire Marshal for the following
25purposes:
26 (1) To take action authorized under Section 57.12 to

10300HB3817sam002- 417 -LRB103 30519 JDS 62533 a
1 recover costs under Section 57.12.
2 (2) To assist in the reduction and mitigation of
3 damage caused by leaks from underground storage tanks,
4 including but not limited to, providing alternative water
5 supplies to persons whose drinking water has become
6 contaminated as a result of those leaks.
7 (3) To be used as a matching amount towards federal
8 assistance relative to the release of petroleum from
9 underground storage tanks.
10 (4) For the costs of administering activities of the
11 Agency and the Office of the State Fire Marshal relative
12 to the Underground Storage Tank Fund.
13 (5) For payment of costs of corrective action incurred
14 by and indemnification to operators of underground storage
15 tanks as provided in this Title.
16 (6) For a total of 2 demonstration projects in amounts
17 in excess of a $10,000 deductible charge designed to
18 assess the viability of corrective action projects at
19 sites which have experienced contamination from petroleum
20 releases. Such demonstration projects shall be conducted
21 in accordance with the provision of this Title.
22 (7) Subject to appropriation, moneys in the
23 Underground Storage Tank Fund may also be used by the
24 Department of Revenue for the costs of administering its
25 activities relative to the Fund and for refunds provided
26 for in Section 13a.8 of the Motor Fuel Tax Law.

10300HB3817sam002- 418 -LRB103 30519 JDS 62533 a
1 (b) Moneys in the Underground Storage Tank Fund may,
2pursuant to appropriation, be used by the Office of the State
3Fire Marshal or the Agency to take whatever emergency action
4is necessary or appropriate to assure that the public health
5or safety is not threatened whenever there is a release or
6substantial threat of a release of petroleum from an
7underground storage tank and for the costs of administering
8its activities relative to the Underground Storage Tank Fund.
9 (c) Beginning July 1, 1993, the Governor shall certify to
10the State Comptroller and State Treasurer the monthly amount
11necessary to pay debt service on State obligations issued
12pursuant to Section 6 of the General Obligation Bond Act. On
13the last day of each month, the Comptroller shall order
14transferred and the Treasurer shall transfer from the
15Underground Storage Tank Fund to the General Obligation Bond
16Retirement and Interest Fund the amount certified by the
17Governor, plus any cumulative deficiency in those transfers
18for prior months.
19 (d) Except as provided in subsection (c) of this Section,
20the Underground Storage Tank Fund is not subject to
21administrative charges authorized under Section 8h of the
22State Finance Act that would in any way transfer any funds from
23the Underground Storage Tank Fund into any other fund of the
24State.
25 (e) Each fiscal year, subject to appropriation, the Agency
26may commit up to $10,000,000 of the moneys in the Underground

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

10300HB3817sam002- 420 -LRB103 30519 JDS 62533 a
1Marshal as fees for underground storage tanks under Sections 4
2and 5 of the Gasoline Storage Act and as fees pursuant to the
3Motor Fuel Tax Law during a State fiscal year are sufficient to
4pay all claims for payment by the fund received during that
5State fiscal year, then the amount of any payments into the
6fund pursuant to the Use Tax Act, the Service Use Tax Act, the
7Service Occupation Tax Act, and the Retailers' Occupation Tax
8Act during that State fiscal year shall be deposited as
9follows: 75% thereof shall be paid into the State treasury and
1025% shall be reserved in a special account and used only for
11the transfer to the Common School Fund as part of the monthly
12transfer from the General Revenue Fund in accordance with
13Section 8a of the State Finance Act.
14(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
15102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
16 Section 5-140. The Electric Vehicle Rebate Act is amended
17by changing Section 40 as follows:
18 (415 ILCS 120/40)
19 Sec. 40. Appropriations from the Electric Vehicle Rebate
20Fund.
21 (a) User Fees Funds. The Agency shall estimate the amount
22of user fees expected to be collected under Section 35 of this
23Act for each fiscal year. User fee funds shall be deposited
24into and distributed from the Electric Vehicle Rebate

10300HB3817sam002- 421 -LRB103 30519 JDS 62533 a
1Alternate Fuels Fund in the following manner:
2 (1) Through fiscal year 2023, In each of fiscal years
3 1999, 2000, 2001, 2002, and 2003, an amount not to exceed
4 $200,000, and beginning in fiscal year 2004 an annual
5 amount not to exceed $225,000, may be appropriated to the
6 Agency from the Electric Vehicle Rebate Alternate Fuels
7 Fund to pay its costs of administering the programs
8 authorized by Section 27 of this Act. Beginning in fiscal
9 year 2024 and in each fiscal year thereafter, an annual
10 amount not to exceed $600,000 may be appropriated to the
11 Agency from the Electric Vehicle Rebate Fund to pay its
12 costs of administering the programs authorized by Section
13 27 of this Act. An Up to $200,000 may be appropriated to
14 the Office of the Secretary of State in each of fiscal
15 years 1999, 2000, 2001, 2002, and 2003 from the Alternate
16 Fuels Fund to pay the Secretary of State's costs of
17 administering the programs authorized under this Act.
18 Beginning in fiscal year 2004 and in each fiscal year
19 thereafter, an amount not to exceed $225,000 may be
20 appropriated to the Secretary of State from the Electric
21 Vehicle Rebate Alternate Fuels Fund to pay the Secretary
22 of State's costs of administering the programs authorized
23 under this Act.
24 (2) In fiscal year 2022 and each fiscal year
25 thereafter, after appropriation of the amounts authorized
26 by item (1) of subsection (a) of this Section, the

10300HB3817sam002- 422 -LRB103 30519 JDS 62533 a
1 remaining moneys estimated to be collected during each
2 fiscal year shall be appropriated.
3 (3) (Blank).
4 (4) Moneys appropriated to fund the programs
5 authorized in Sections 25 and 30 shall be expended only
6 after they have been collected and deposited into the
7 Electric Vehicle Rebate Alternate Fuels Fund.
8 (b) General Revenue Fund Appropriations. General Revenue
9Fund amounts appropriated to and deposited into the Electric
10Vehicle Rebate Fund shall be distributed from the Electric
11Vehicle Rebate Fund to fund the program authorized in Section
1227.
13(Source: P.A. 102-662, eff. 9-15-21.)
14 Section 5-145. The Fire Investigation Act is amended by
15changing Section 13.1 as follows:
16 (425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)
17 Sec. 13.1. Fire Prevention Fund.
18 (a) There shall be a special fund in the State Treasury
19known as the Fire Prevention Fund.
20 (b) The following moneys shall be deposited into the Fund:
21 (1) Moneys received by the Department of Insurance
22 under Section 12 of this Act.
23 (2) All fees and reimbursements received by the
24 Office.

10300HB3817sam002- 423 -LRB103 30519 JDS 62533 a
1 (3) All receipts from boiler and pressure vessel
2 certification, as provided in Section 13 of the Boiler and
3 Pressure Vessel Safety Act.
4 (4) Such other moneys as may be provided by law.
5 (c) The moneys in the Fire Prevention Fund shall be used,
6subject to appropriation, for the following purposes:
7 (1) Of the moneys deposited into the fund under
8 Section 12 of this Act, 12.5% shall be available for the
9 maintenance of the Illinois Fire Service Institute and the
10 expenses, facilities, and structures incident thereto, and
11 for making transfers into the General Obligation Bond
12 Retirement and Interest Fund for debt service requirements
13 on bonds issued by the State of Illinois after January 1,
14 1986 for the purpose of constructing a training facility
15 for use by the Institute. An additional 2.5% of the moneys
16 deposited into the Fire Prevention Fund shall be available
17 to the Illinois Fire Service Institute for support of the
18 Cornerstone Training Program.
19 (2) Of the moneys deposited into the Fund under
20 Section 12 of this Act, 10% shall be available for the
21 maintenance of the Chicago Fire Department Training
22 Program and the expenses, facilities, and structures
23 incident thereto, in addition to any moneys payable from
24 the Fund to the City of Chicago pursuant to the Illinois
25 Fire Protection Training Act.
26 (3) For making payments to local governmental agencies

10300HB3817sam002- 424 -LRB103 30519 JDS 62533 a
1 and individuals pursuant to Section 10 of the Illinois
2 Fire Protection Training Act.
3 (4) For the maintenance and operation of the Office of
4 the State Fire Marshal, and the expenses incident thereto.
5 (4.5) For the maintenance, operation, and capital
6 expenses of the Mutual Aid Box Alarm System (MABAS).
7 (4.6) For grants awarded by the Small Fire-fighting
8 and Ambulance Service Equipment Grant Program established
9 by Section 2.7 of the State Fire Marshal Act.
10 (4.7) For grants awarded under the Fire Station
11 Rehabilitation and Construction Grant Program established
12 by Section 2.8 of the State Fire Marshal Act.
13 (5) For any other purpose authorized by law.
14 (c-5) As soon as possible after April 8, 2008 (the
15effective date of Public Act 95-717), the Comptroller shall
16order the transfer and the Treasurer shall transfer $2,000,000
17from the Fire Prevention Fund to the Fire Service and Small
18Equipment Fund, $9,000,000 from the Fire Prevention Fund to
19the Fire Truck Revolving Loan Fund, and $4,000,000 from the
20Fire Prevention Fund to the Ambulance Revolving Loan Fund.
21Beginning on July 1, 2008, each month, or as soon as practical
22thereafter, an amount equal to $2 from each fine received
23shall be transferred from the Fire Prevention Fund to the Fire
24Service and Small Equipment Fund, an amount equal to $1.50
25from each fine received shall be transferred from the Fire
26Prevention Fund to the Fire Truck Revolving Loan Fund, and an

10300HB3817sam002- 425 -LRB103 30519 JDS 62533 a
1amount equal to $4 from each fine received shall be
2transferred from the Fire Prevention Fund to the Ambulance
3Revolving Loan Fund. These moneys shall be transferred from
4the moneys deposited into the Fire Prevention Fund pursuant to
5Public Act 95-154, together with not more than 25% of any
6unspent appropriations from the prior fiscal year. These
7moneys may be allocated to the Fire Truck Revolving Loan Fund,
8Ambulance Revolving Loan Fund, and Fire Service and Small
9Equipment Fund at the discretion of the Office for the purpose
10of implementation of this Act.
11 (d) Any portion of the Fire Prevention Fund remaining
12unexpended at the end of any fiscal year which is not needed
13for the maintenance and expenses of the Office or the
14maintenance and expenses of the Illinois Fire Service
15Institute shall remain in the Fire Prevention Fund for the
16exclusive and restricted uses provided in subsections (c) and
17(c-5) of this Section.
18 (e) The Office shall keep on file an itemized statement of
19all expenses incurred which are payable from the Fund, other
20than expenses incurred by the Illinois Fire Service Institute,
21and shall approve all vouchers issued therefor before they are
22submitted to the State Comptroller for payment. Such vouchers
23shall be allowed and paid in the same manner as other claims
24against the State.
25(Source: P.A. 101-82, eff. 1-1-20; 102-558, eff. 8-20-21.)

10300HB3817sam002- 426 -LRB103 30519 JDS 62533 a
1 Section 5-150. The Open Space Lands Acquisition and
2Development Act is amended by changing Section 3 as follows:
3 (525 ILCS 35/3) (from Ch. 85, par. 2103)
4 Sec. 3. From appropriations made from the Capital
5Development Fund, Build Illinois Bond Fund or other available
6or designated funds for such purposes, the Department shall
7make grants to local governments as financial assistance for
8the capital development and improvement of park, recreation or
9conservation areas, marinas and shorelines, including planning
10and engineering costs, and for the acquisition of open space
11lands, including acquisition of easements and other property
12interests less than fee simple ownership if the Department
13determines that such property interests are sufficient to
14carry out the purposes of this Act, subject to the conditions
15and limitations set forth in this Act.
16 No more than 10% of the amount so appropriated for any
17fiscal year may be committed or expended on any one project
18described in an application under this Act.
19 Except for grants awarded from new appropriations in
20fiscal year 2023 and fiscal year 2024, any grant under this Act
21to a local government shall be conditioned upon the state
22providing assistance on a 50/50 matching basis for the
23acquisition of open space lands and for capital development
24and improvement proposals. However, a local government defined
25as "distressed" under criteria adopted by the Department

10300HB3817sam002- 427 -LRB103 30519 JDS 62533 a
1through administrative rule shall be eligible for assistance
2up to 90% for the acquisition of open space lands and for
3capital development and improvement proposals, provided that
4no more than 10% of the amount appropriated under this Act in
5any fiscal year is made available as grants to distressed
6local governments. For grants awarded from new appropriations
7in fiscal year 2023 and fiscal year 2024 only, a local
8government defined as "distressed" is eligible for assistance
9up to 100% for the acquisition of open space lands and for
10capital development and improvement proposals. The Department
11may make more than 10% of the amount appropriated in fiscal
12year 2023 and fiscal year 2024 available as grants to
13distressed local governments.
14 An advance payment of a minimum of 50% of any grant made to
15a unit of local government under this Act must be paid to the
16unit of local government at the time the Department awards the
17grant. A unit of local government may opt out of the advanced
18payment option at the time of the award of the grant. The
19remainder of the grant shall be distributed to the local
20government quarterly on a reimbursement basis. The Department
21shall consider an applicant's request for an extension to a
22grant under this Act if (i) the advanced payment is expended or
23legally obligated within the 2 years required by Section 5 of
24the Illinois Grant Funds Recovery Act or (ii) no advanced
25payment was made.
26(Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22.)

10300HB3817sam002- 428 -LRB103 30519 JDS 62533 a
1 Section 5-153. The Illinois Highway Code is amended by
2changing Section 6-901 as follows:
3 (605 ILCS 5/6-901) (from Ch. 121, par. 6-901)
4 Sec. 6-901. Annually, the General Assembly shall
5appropriate to the Department of Transportation from the road
6fund, the general revenue fund, any other State funds or a
7combination of those funds, $60,000,000 $15,000,000 for
8apportionment to counties for the use of road districts for
9the construction of bridges 20 feet or more in length, as
10provided in Sections 6-902 through 6-905.
11 The Department of Transportation shall apportion among the
12several counties of this State for the use of road districts
13the amounts appropriated under this Section. The amount
14apportioned to a county shall be in the proportion which the
15total mileage of township or district roads in the county
16bears to the total mileage of all township and district roads
17in the State. Each county shall allocate to the several road
18districts in the county the funds so apportioned to the
19county. The allocation to road districts shall be made in the
20same manner and be subject to the same conditions and
21qualifications as are provided by Section 8 of the "Motor Fuel
22Tax Law", approved March 25, 1929, as amended, with respect to
23the allocation to road districts of the amount allotted from
24the Motor Fuel Tax Fund for apportionment to counties for the

10300HB3817sam002- 429 -LRB103 30519 JDS 62533 a
1use of road districts, but no allocation shall be made to any
2road district that has not levied taxes for road and bridge
3purposes and for bridge construction purposes at the maximum
4rates permitted by Sections 6-501, 6-508 and 6-512 of this
5Act, without referendum. "Road district" and "township or
6district road" have the meanings ascribed to those terms in
7this Act.
8 Road districts in counties in which a property tax
9extension limitation is imposed under the Property Tax
10Extension Limitation Law that are made ineligible for receipt
11of this appropriation due to the imposition of a property tax
12extension limitation may become eligible if, at the time the
13property tax extension limitation was imposed, the road
14district was levying at the required rate and continues to
15levy the maximum allowable amount after the imposition of the
16property tax extension limitation. The road district also
17becomes eligible if it levies at or above the rate required for
18eligibility by Section 8 of the Motor Fuel Tax Law.
19 The amounts apportioned under this Section for allocation
20to road districts may be used only for bridge construction as
21provided in this Division. So much of those amounts as are not
22obligated under Sections 6-902 through 6-904 and for which
23local funds have not been committed under Section 6-905 within
2448 months of the date when such apportionment is made lapses
25and shall not be paid to the county treasurer for distribution
26to road districts.

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1(Source: P.A. 96-366, eff. 1-1-10.)
2 Section 5-155. The Illinois Vehicle Code is amended by
3changing Sections 3-626, 3-658, 3-667, and 3-692 as follows:
4 (625 ILCS 5/3-626)
5 Sec. 3-626. Korean War Veteran license plates.
6 (a) In addition to any other special license plate, the
7Secretary, upon receipt of all applicable fees and
8applications made in the form prescribed by the Secretary of
9State, may issue special registration plates designated as
10Korean War Veteran license plates to residents of Illinois who
11participated in the United States Armed Forces during the
12Korean War. The special plate issued under this Section shall
13be affixed only to passenger vehicles of the first division,
14motorcycles, motor vehicles of the second division weighing
15not more than 8,000 pounds, and recreational vehicles as
16defined by Section 1-169 of this Code. Plates issued under
17this Section shall expire according to the staggered
18multi-year procedure established by Section 3-414.1 of this
19Code.
20 (b) The design, color, and format of the plates shall be
21wholly within the discretion of the Secretary of State. The
22Secretary may, in his or her discretion, allow the plates to be
23issued as vanity plates or personalized in accordance with
24Section 3-405.1 of this Code. The plates are not required to

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1designate "Land Of Lincoln", as prescribed in subsection (b)
2of Section 3-412 of this Code. The Secretary shall prescribe
3the eligibility requirements and, in his or her discretion,
4shall approve and prescribe stickers or decals as provided
5under Section 3-412.
6 (c) (Blank).
7 (d) The Korean War Memorial Construction Fund is created
8as a special fund in the State treasury. All moneys in the
9Korean War Memorial Construction Fund shall, subject to
10appropriation, be used by the Department of Veterans' Affairs
11to provide grants for construction of the Korean War Memorial
12to be located at Oak Ridge Cemetery in Springfield, Illinois.
13Upon the completion of the Memorial, the Department of
14Veterans' Affairs shall certify to the State Treasurer that
15the construction of the Memorial has been completed. At the
16direction of and upon notification of the Secretary of State,
17the State Comptroller shall direct and Upon the certification
18by the Department of Veterans' Affairs, the State Treasurer
19shall transfer all moneys in the Fund and any future deposits
20into the Fund into the Secretary of State Special License
21Plate Fund. Upon completion of the transfer, the Korean War
22Memorial Construction Fund is dissolved.
23 (e) An individual who has been issued Korean War Veteran
24license plates for a vehicle and who has been approved for
25benefits under the Senior Citizens and Persons with
26Disabilities Property Tax Relief Act shall pay the original

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1issuance and the regular annual fee for the registration of
2the vehicle as provided in Section 3-806.3 of this Code.
3(Source: P.A. 99-127, eff. 1-1-16; 99-143, eff. 7-27-15;
499-642, eff. 7-28-16; 100-143, eff. 1-1-18.)
5 (625 ILCS 5/3-658)
6 Sec. 3-658. Professional Sports Teams license plates.
7 (a) The Secretary, upon receipt of an application made in
8the form prescribed by the Secretary, may issue special
9registration plates designated as Professional Sports Teams
10license plates. The special plates issued under this Section
11shall be affixed only to passenger vehicles of the first
12division, motorcycles, and motor vehicles of the second
13division weighing not more than 8,000 pounds. Plates issued
14under this Section shall expire according to the multi-year
15procedure established by Section 3-414.1 of this Code.
16 (b) The design and color of the plates is wholly within the
17discretion of the Secretary, except that the plates shall,
18subject to the permission of the applicable team owner,
19display the logo of the Chicago Bears, the Chicago Bulls, the
20Chicago Blackhawks, the Chicago Cubs, the Chicago White Sox,
21the Chicago Sky, the Chicago Red Stars, the Chicago Fire, or
22the St. Louis Cardinals, at the applicant's option. The
23Secretary may allow the plates to be issued as vanity or
24personalized plates under Section 3-405.1 of the Code. The
25Secretary shall prescribe stickers or decals as provided under

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1Section 3-412 of this Code.
2 (c) An applicant for the special plate shall be charged a
3$40 fee for original issuance in addition to the appropriate
4registration fee. Until July 1, 2023, of Of this fee, $25 shall
5be deposited into the Professional Sports Teams Education Fund
6and $15 shall be deposited into the Secretary of State Special
7License Plate Fund, to be used by the Secretary to help defray
8the administrative processing costs. Beginning July 1, 2023,
9of this fee, $25 shall be deposited into the Common School Fund
10and $15 shall be deposited into the Secretary of State Special
11License Plate Fund, to be used by the Secretary to help defray
12the administrative processing costs.
13 For each registration renewal period, a $27 fee, in
14addition to the appropriate registration fee, shall be
15charged. Until July 1, 2023, of Of this fee, $25 shall be
16deposited into the Professional Sports Teams Education Fund
17and $2 shall be deposited into the Secretary of State Special
18License Plate Fund. Beginning July 1, 2023, of this fee, $25
19shall be deposited into the Common School Fund and $2 shall be
20deposited into the Secretary of State Special License Plate
21Fund.
22 (d) The Professional Sports Teams Education Fund is
23created as a special fund in the State treasury. Until July 1,
242023, the The Comptroller shall order transferred and the
25Treasurer shall transfer all moneys in the Professional Sports
26Teams Education Fund to the Common School Fund every 6 months.

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1 (e) On July 1, 2023, or as soon thereafter as practical,
2the State Comptroller shall direct and the State Treasurer
3shall transfer the remaining balance from the Professional
4Sports Teams Education Fund into the Common School Fund. Upon
5completion of the transfer, the Professional Sports Teams
6Education Fund is dissolved, and any future deposits due to
7that Fund and any outstanding obligations or liabilities of
8that Fund shall pass to the Common School Fund.
9(Source: P.A. 102-1099, eff. 1-1-23.)
10 (625 ILCS 5/3-667)
11 Sec. 3-667. Korean Service license plates.
12 (a) In addition to any other special license plate, the
13Secretary, upon receipt of all applicable fees and
14applications made in the form prescribed by the Secretary of
15State, may issue special registration plates designated as
16Korean Service license plates to residents of Illinois who, on
17or after July 27, 1954, participated in the United States
18Armed Forces in Korea. The special plate issued under this
19Section shall be affixed only to passenger vehicles of the
20first division, motorcycles, motor vehicles of the second
21division weighing not more than 8,000 pounds, and recreational
22vehicles as defined by Section 1-169 of this Code. Plates
23issued under this Section shall expire according to the
24staggered multi-year procedure established by Section 3-414.1
25of this Code.

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

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1 Sec. 3-692. Soil and Water Conservation District Plates.
2 (a) In addition to any other special license plate, the
3Secretary, upon receipt of all applicable fees and
4applications made in the form prescribed by the Secretary of
5State, may issue Soil and Water Conservation District license
6plates. The special Soil and Water Conservation District plate
7issued under this Section shall be affixed only to passenger
8vehicles of the first division and motor vehicles of the
9second division weighing not more than 8,000 pounds. Plates
10issued under this Section shall expire according to the
11staggered multi-year procedure established by Section 3-414.1
12of this Code.
13 (b) The design, color, and format of the plates shall be
14wholly within the discretion of the Secretary of State.
15Appropriate documentation, as determined by the Secretary,
16must accompany each application. The Secretary, in his or her
17discretion, shall approve and prescribe stickers or decals as
18provided under Section 3-412.
19 (c) An applicant for the special plate shall be charged a
20$40 fee for original issuance in addition to the appropriate
21registration fee. Of this fee, $25 shall be deposited into the
22Soil and Water Conservation District Fund and $15 shall be
23deposited into the Secretary of State Special License Plate
24Fund, to be used by the Secretary to help defray the
25administrative processing costs. For each registration renewal
26period, a $27 fee, in addition to the appropriate registration

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1fee, shall be charged. Of this fee, $25 shall be deposited into
2the Soil and Water Conservation District Fund and $2 shall be
3deposited into the Secretary of State Special License Plate
4Fund.
5 (d) The Soil and Water Conservation District Fund is
6created as a special fund in the State treasury. All money in
7the Soil and Water Conservation District Fund shall be paid,
8subject to appropriation by the General Assembly and
9distribution by the Secretary, as grants to Illinois soil and
10water conservation districts for projects that conserve and
11restore soil and water in Illinois. All interest earned on
12moneys in the Fund shall be deposited into the Fund. The Fund
13shall not be subject to administrative charges or chargebacks,
14such as but not limited to those authorized under Section 8h of
15the State Finance Act.
16 (e) Notwithstanding any other provision of law, on July 1,
172023, or as soon thereafter as practical, the State
18Comptroller shall direct and the State Treasurer shall
19transfer the remaining balance from the Soil and Water
20Conservation District Fund into the Partners for Conservation
21Fund. Upon completion of the transfers, the Soil and Water
22Conservation District Fund is dissolved, and any future
23deposits due to that Fund and any outstanding obligations or
24liabilities of that Fund shall pass to the Partners for
25Conservation Fund.
26 (f) This Section is repealed on January 1, 2024.

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1(Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11;
297-409, eff. 1-1-12.)
3 Section 5-160. The Unified Code of Corrections is amended
4by changing Sections 3-12-3a, 3-12-6, and 3-12-13 as follows:
5 (730 ILCS 5/3-12-3a) (from Ch. 38, par. 1003-12-3a)
6 Sec. 3-12-3a. Contracts, leases, and business agreements.
7 (a) The Department shall promulgate such rules and
8policies as it deems necessary to establish, manage, and
9operate its Illinois Correctional Industries division for the
10purpose of utilizing committed persons in the manufacture of
11food stuffs, finished goods or wares. To the extent not
12inconsistent with the function and role of the ICI, the
13Department may enter into a contract, lease, or other type of
14business agreement, not to exceed 20 years, with any private
15corporation, partnership, person, or other business entity for
16the purpose of utilizing committed persons in the provision of
17services or for any other business or commercial enterprise
18deemed by the Department to be consistent with proper training
19and rehabilitation of committed persons.
20 Beginning in In fiscal year years 2021 through 2023, the
21Department shall oversee the Illinois Correctional Industries
22accounting processes and budget requests to the General
23Assembly, other budgetary processes, audits by the Office of
24the Auditor General, and computer processes. Beginning in For

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1fiscal year years 2021 through 2023, the spending authority of
2Illinois Correctional Industries shall no longer be separate
3and apart from the Department's budget and appropriations, and
4the Department shall control its accounting processes,
5budgets, audits and computer processes in accordance with any
6Department rules and policies.
7 (b) The Department shall be permitted to construct
8buildings on State property for the purposes identified in
9subsection (a) and to lease for a period not to exceed 20 years
10any building or portion thereof on State property for the
11purposes identified in subsection (a).
12 (c) Any contract or other business agreement referenced in
13subsection (a) shall include a provision requiring that all
14committed persons assigned receive in connection with their
15assignment such vocational training and/or apprenticeship
16programs as the Department deems appropriate.
17 (d) Committed persons assigned in accordance with this
18Section shall be compensated in accordance with the provisions
19of Section 3-12-5.
20(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
21102-699, eff. 4-19-22.)
22 (730 ILCS 5/3-12-6) (from Ch. 38, par. 1003-12-6)
23 Sec. 3-12-6. Programs. Through its Illinois Correctional
24Industries division, the Department may shall establish
25commercial, business, and manufacturing programs for the

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

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1and through coordination with the Department fiscal operations
2personnel, including accounting processes, budget submissions,
3other budgetary processes, audits by the Office of the Auditor
4General, and computer processes. For fiscal years 2021 through
52023, the financial officer shall coordinate and cooperate
6with the Department's chief financial officer to perform the
7functions listed in this paragraph.
8 Illinois Correctional Industries shall be located in
9Springfield. The chief executive officer of Illinois
10Correctional Industries shall assign personnel to teach direct
11the production of goods and shall employ committed persons
12assigned by the facility chief administrative officer. The
13Department of Corrections may direct such other vocational
14programs as it deems necessary for the rehabilitation of
15inmates, which shall be separate and apart from, and not in
16conflict with, programs of Illinois Correctional Industries.
17(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
18102-699, eff. 4-19-22.)
19 (730 ILCS 5/3-12-13) (from Ch. 38, par. 1003-12-13)
20 Sec. 3-12-13. Sale of Property. Whenever a responsible
21officer of the Correctional Industries Division of the
22Department seeks to dispose of property pursuant to the "State
23Property Control Act", proceeds received by the Administrator
24under that Act from the sale of property under the control of
25the Division of Correctional Industries of the Department

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

10300HB3817sam002- 443 -LRB103 30519 JDS 62533 a
1reintegration into the locality.
2 (b) The Adult Redeploy Illinois program shall reallocate
3State funds to local jurisdictions that successfully establish
4a process to assess offenders and provide a continuum of
5locally based sanctions and treatment alternatives for
6offenders who would be incarcerated in a State facility if
7those local services and sanctions did not exist. The
8allotment of funds shall be based on a formula that rewards
9local jurisdictions for the establishment or expansion of
10local supervision programs and requires them to pay the amount
11determined in subsection (e) if incarceration targets as
12defined in subsection (e) are not met.
13 (c) Each county or circuit participating in the Adult
14Redeploy Illinois program shall create a local plan describing
15how it will protect public safety and reduce the county or
16circuit's utilization of incarceration in State facilities or
17local county jails by the creation or expansion of
18individualized services or programs.
19 (d) Based on the local plan, a county or circuit shall
20enter into an agreement with the Adult Redeploy Oversight
21Board described in subsection (e) to reduce the number of
22commitments of probation-eligible offenders to State
23correctional facilities from that county or circuit. The
24agreement shall include a pledge from the county or circuit to
25reduce their commitments by 25% of the level of commitments
26from the average number of commitments for the past 3 years of

10300HB3817sam002- 444 -LRB103 30519 JDS 62533 a
1eligible offenders. In return, the county or circuit shall
2receive, based upon a formula described in subsection (e),
3funds to redeploy for local programming for offenders who
4would otherwise be incarcerated such as management and
5supervision, electronic monitoring, and drug testing. The
6county or circuit shall also be penalized, as described in
7subsection (e), for failure to reach the goal of reduced
8commitments stipulated in the agreement.
9 (d-5) Subject to appropriation to the Illinois Criminal
10Justice Information Authority, the Adult Redeploy Illinois
11Oversight Board described in subsection (e) may provide grant
12funds to qualified organizations that can assist local
13jurisdictions in training, development, and technical
14assistance.
15 (e) Adult Redeploy Illinois Oversight Board; members;
16responsibilities.
17 (1) The Secretary of Human Services and the Director
18 of Corrections shall within 3 months after January 1, 2010
19 (the effective date of Public Act 96-761) this Act convene
20 and act as co-chairs of an oversight board to oversee the
21 Adult Redeploy Program. The Board shall include, but not
22 be limited to, designees from the Prisoner Review Board,
23 Office of the Attorney General, Illinois Criminal Justice
24 Information Authority, and Sentencing Policy Advisory
25 Council; the Cook County State's Attorney or a designee; a
26 State's Attorney selected by the President of the Illinois

10300HB3817sam002- 445 -LRB103 30519 JDS 62533 a
1 State's Attorneys Association; the State Appellate
2 Defender or a designee; the Cook County Public Defender or
3 a designee; a representative of Cook County Adult
4 Probation, a representative of DuPage County Adult
5 Probation; a representative of Sangamon County Adult
6 Probation; and 4 representatives from non-governmental
7 organizations, including service providers. Members shall
8 serve without compensation but shall be reimbursed for
9 actual expenses incurred in the performance of their
10 duties.
11 (2) The Oversight Board shall within one year after
12 January 1, 2010 (the effective date of Public Act 96-761)
13 this Act:
14 (A) Develop a process to solicit applications from
15 and identify jurisdictions to be included in the Adult
16 Redeploy Illinois program.
17 (B) Define categories of membership for local
18 entities to participate in the creation and oversight
19 of the local Adult Redeploy Illinois program.
20 (C) Develop a formula for the allotment of funds
21 to local jurisdictions for local and community-based
22 services in lieu of commitment to the Department of
23 Corrections and a penalty amount for failure to reach
24 the goal of reduced commitments stipulated in the
25 plans.
26 (D) Develop a standard format for the local plan

10300HB3817sam002- 446 -LRB103 30519 JDS 62533 a
1 to be submitted by the local entity created in each
2 county or circuit.
3 (E) Identify and secure resources sufficient to
4 support the administration and evaluation of Adult
5 Redeploy Illinois.
6 (F) Develop a process to support ongoing
7 monitoring and evaluation of Adult Redeploy Illinois.
8 (G) Review local plans and proposed agreements and
9 approve the distribution of resources.
10 (H) Develop a performance measurement system that
11 includes but is not limited to the following key
12 performance indicators: recidivism, rate of
13 revocations, employment rates, education achievement,
14 successful completion of substance abuse treatment
15 programs, and payment of victim restitution. Each
16 county or circuit shall include the performance
17 measurement system in its local plan and provide data
18 annually to evaluate its success.
19 (I) Report annually the results of the performance
20 measurements on a timely basis to the Governor and
21 General Assembly.
22 (3) The Oversight Board shall:
23 (A) Develop a process to solicit grant
24 applications from eligible training, development, and
25 technical assistance organizations.
26 (B) Review grant applications and proposed grant

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

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1State fiscal year 2025 2024, all amounts that are deposited
2into the State Pensions Fund from the Unclaimed Property Trust
3Fund shall be apportioned to the designated retirement systems
4as provided in subsection (c-6) of Section 8.12 of the State
5Finance Act to reduce their actuarial reserve deficiencies.
6 (b) The administrator shall make prompt payment of claims
7he or she duly allows as provided for in this Act from the
8Unclaimed Property Trust Fund. This shall constitute an
9irrevocable and continuing appropriation of all amounts in the
10Unclaimed Property Trust Fund necessary to make prompt payment
11of claims duly allowed by the administrator pursuant to this
12Act.
13(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
14102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
15 Section 5-175. The Line of Duty Compensation Act is
16amended by changing Section 3 as follows:
17 (820 ILCS 315/3) (from Ch. 48, par. 283)
18 Sec. 3. Duty death benefit.
19 (a) If a claim therefor is made within 2 years one year of
20the date of death of a law enforcement officer, civil defense
21worker, civil air patrol member, paramedic, fireman, chaplain,
22or State employee killed in the line of duty, or if a claim
23therefor is made within 2 years of the date of death of an
24Armed Forces member killed in the line of duty, compensation

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1shall be paid to the person designated by the law enforcement
2officer, civil defense worker, civil air patrol member,
3paramedic, fireman, chaplain, State employee, or Armed Forces
4member. However, if the Armed Forces member was killed in the
5line of duty before October 18, 2004, the claim must be made
6within one year of October 18, 2004. In addition, if a death
7occurred after December 31, 2016 and before January 1, 2021,
8the claim may be made no later than December 31, 2022
9notwithstanding any other deadline established under this Act
10with respect to filing a claim for a duty death benefit.
11 (b) The amount of compensation, except for an Armed Forces
12member, shall be $10,000 if the death in the line of duty
13occurred prior to January 1, 1974; $20,000 if such death
14occurred after December 31, 1973 and before July 1, 1983;
15$50,000 if such death occurred on or after July 1, 1983 and
16before January 1, 1996; $100,000 if the death occurred on or
17after January 1, 1996 and before May 18, 2001; $118,000 if the
18death occurred on or after May 18, 2001 and before July 1,
192002; and $259,038 if the death occurred on or after July 1,
202002 and before January 1, 2003. For an Armed Forces member
21killed in the line of duty (i) at any time before January 1,
222005, the compensation is $259,038 plus amounts equal to the
23increases for 2003 and 2004 determined under subsection (c)
24and (ii) on or after January 1, 2005, the compensation is the
25amount determined under item (i) plus the applicable increases
26for 2005 and thereafter determined under subsection (c).

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1 (c) Except as provided in subsection (b), for deaths
2occurring on or after January 1, 2003, the death compensation
3rate for death in the line of duty occurring in a particular
4calendar year shall be the death compensation rate for death
5occurring in the previous calendar year (or in the case of
6deaths occurring in 2003, the rate in effect on December 31,
72002) increased by a percentage thereof equal to the
8percentage increase, if any, in the index known as the
9Consumer Price Index for All Urban Consumers: U.S. city
10average, unadjusted, for all items, as published by the United
11States Department of Labor, Bureau of Labor Statistics, for
12the 12 months ending with the month of June of that previous
13calendar year.
14 (d) If no beneficiary is designated or if no designated
15beneficiary survives at the death of the law enforcement
16officer, civil defense worker, civil air patrol member,
17paramedic, fireman, chaplain, or State employee killed in the
18line of duty, the compensation shall be paid in accordance
19with a legally binding will left by the law enforcement
20officer, civil defense worker, civil air patrol member,
21paramedic, fireman, chaplain, or State employee. If the law
22enforcement officer, civil defense worker, civil air patrol
23member, paramedic, fireman, chaplain, or State employee did
24not leave a legally binding will, the compensation shall be
25paid as follows:
26 (1) when there is a surviving spouse, the entire sum

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

10300HB3817sam002- 452 -LRB103 30519 JDS 62533 a
1killed in the line of duty only if that person would be an
2eligible parent, as defined in Section 2-2 of the Probate Act
3of 1975, of the person killed in the line of duty. This
4subsection (d-1) applies to any pending claim if compensation
5was not paid to the claimant of the pending claim before the
6effective date of this amendatory Act of the 94th General
7Assembly.
8 (d-2) If no beneficiary is designated or if no designated
9beneficiary survives at the death of the Armed Forces member
10killed in the line of duty, the compensation shall be paid in
11entirety according to the designation made on the most recent
12version of the Armed Forces member's Servicemembers' Group
13Life Insurance Election and Certificate ("SGLI").
14 If no SGLI form exists at the time of the Armed Forces
15member's death, the compensation shall be paid in accordance
16with a legally binding will left by the Armed Forces member.
17 If no SGLI form exists for the Armed Forces member and the
18Armed Forces member did not leave a legally binding will, the
19compensation shall be paid to the persons and in the priority
20as set forth in paragraphs (1) through (4) of subsection (d) of
21this Section.
22 This subsection (d-2) applies to any pending case as long
23as compensation has not been paid to any party before the
24effective date of this amendatory Act of the 94th General
25Assembly.
26 (e) If there is no beneficiary designated or if no

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

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1the manner in which the Court of Claims adjudicates the claim.
2 (i) The Court of Claims shall ensure that all individuals
3who have filed an application to claim the duty death benefit
4for a deceased member of the Armed Forces pursuant to this
5Section or for a fireman pursuant to this Section, or their
6designated representative, shall have access, on a timely
7basis and in an efficient manner, to all information related
8to the court's consideration, processing, or adjudication of
9the claim, including, but not limited to, the following:
10 (1) a reliable estimate of when the Court of Claims
11 will adjudicate the claim, or if the Court cannot estimate
12 when it will adjudicate the claim, a full written
13 explanation of the reasons for this inability; and
14 (2) a reliable estimate, based upon consultation with
15 the Comptroller, of when the benefit will be paid to the
16 claimant.
17 (j) The Court of Claims shall send written notice to all
18claimants within 2 weeks of the initiation of a claim
19indicating whether or not the application is complete. For
20purposes of this subsection (j), an application is complete if
21a claimant has submitted to the Court of Claims all documents
22and information the Court requires for adjudicating and paying
23the benefit amount. For purposes of this subsection (j), a
24claim for the duty death benefit is initiated when a claimant
25submits any of the application materials required for
26adjudicating the claim to the Court of Claims. In the event a

10300HB3817sam002- 455 -LRB103 30519 JDS 62533 a
1claimant's application is incomplete, the Court shall include
2in its written notice a list of the information or documents
3which the claimant must submit in order for the application to
4be complete. In no case may the Court of Claims deny a claim
5and subsequently re-adjudicate the same claim for the purpose
6of evading or reducing the interest penalty payment amount
7payable to any claimant.
8(Source: P.A. 102-215, eff. 7-30-21.)
9
ARTICLE 10.
10 Section 10-2. The Department of Human Services Act is
11amended by adding Section 80-45 as follows:
12 (20 ILCS 1305/80-45 new)
13 Sec. 80-45. Funding Agent and Administration.
14 (a) The Department shall act as funding agent under the
15terms of the Illinois Affordable Housing Act and shall
16administer other appropriations for the use of the Illinois
17Housing Development Authority.
18 (b) The Department may enter into contracts,
19intergovernmental agreements, grants, cooperative agreements,
20memoranda of understanding, or other instruments with any
21federal, State, or local government agency as necessary to
22fulfill its role as funding agent in compliance with State and
23federal law. The Department and the Department of Revenue

10300HB3817sam002- 456 -LRB103 30519 JDS 62533 a
1shall coordinate, in consultation with the Illinois Housing
2Development Authority, the transition of the funding agent
3role, including the transfer of any and all books, records, or
4documents, in whatever form stored, necessary to the
5Department's execution of the duties of the funding agent, and
6the Department may submit to the Governor's Office of
7Management and Budget requests for exception pursuant to
8Section 55 of the Grant Accountability and Transparency Act.
9Notwithstanding Section 5 of the Grant Funds Recovery Act, for
10State fiscal years 2023 and 2024 only, in order to accomplish
11the transition of the funding agent role to the Department,
12grant funds may be made available for expenditure by a grantee
13for a period of 3 years from the date the funds were
14distributed by the State.
15 Section 10-3. The State Finance Act is amended by changing
16Section 6z-20.1 as follows:
17 (30 ILCS 105/6z-20.1)
18 Sec. 6z-20.1. The State Aviation Program Fund and the
19Sound-Reducing Windows and Doors Replacement Fund.
20 (a) The State Aviation Program Fund is created in the
21State Treasury. Moneys in the Fund shall be used by the
22Department of Transportation for the purposes of administering
23a State Aviation Program. Subject to appropriation, the moneys
24shall be used for the purpose of distributing grants to units

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

10300HB3817sam002- 458 -LRB103 30519 JDS 62533 a
1of passengers or property, as provided in 49 U.S.C. 47133. For
2grants to a municipality with a population of more than
3500,000, "airport-related purposes" also means costs,
4including administrative costs, associated with the
5replacement of sound-reducing windows and doors installed
6under the Residential Sound Insulation Program.
7 (d) In each State fiscal year, $9,500,000 the first
8$7,500,000 attributable to a municipality with a population of
9more than 500,000, as provided in subsection (a) of this
10Section, shall be transferred to the Sound-Reducing Windows
11and Doors Replacement Fund, a special fund created in the
12State Treasury. Subject to appropriation, the moneys in the
13Fund shall be used solely for costs, including administrative
14costs, associated with the mechanical repairs and the
15replacement of sound-reducing windows and doors installed
16under the Residential Sound Insulation Program. Any amounts
17attributable to a municipality with a population of more than
18500,000 in excess of $7,500,000 in each State fiscal year
19shall be distributed among the airports in that municipality
20based on the same formula as prescribed in subsection (a) to be
21used for airport-related purposes.
22(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
23 Section 10-4. The Illinois Grant Funds Recovery Act is
24amended by changing Section 5 as follows:

10300HB3817sam002- 459 -LRB103 30519 JDS 62533 a
1 (30 ILCS 705/5) (from Ch. 127, par. 2305)
2 Sec. 5. Time limit on expenditure of grant funds. Subject
3to the restriction of Section 35 of the State Finance Act, no
4grant funds may be made available for expenditure by a grantee
5for a period longer than 2 years, except where such grant funds
6are disbursed in reimbursement of costs previously incurred by
7the grantee and except as otherwise provided in subsection (d)
8of Section 5-200 of the School Construction Law and in
9subsection (b) of Section 80-45 of the Department of Human
10Services Act. Any grant funds not expended or legally
11obligated by the end of the grant agreement, or during the time
12limitation to grant fund expenditures set forth in this
13Section, must be returned to the grantor agency within 45
14days, if the funds are not already on deposit with the grantor
15agency or the State Treasurer. Such returned funds shall be
16deposited into the fund from which the original grant
17disbursement to the grantee was made.
18(Source: P.A. 99-606, eff. 7-22-16.)
19 Section 10-5. The Illinois Public Aid Code is amended by
20changing Sections 12-4.7 and 12-10.10 as follows:
21 (305 ILCS 5/12-4.7) (from Ch. 23, par. 12-4.7)
22 Sec. 12-4.7. Co-operation with other agencies. Make use
23of, aid and co-operate with State and local governmental
24agencies, and co-operate with and assist other governmental

10300HB3817sam002- 460 -LRB103 30519 JDS 62533 a
1and private agencies and organizations engaged in welfare
2functions.
3 This grant of authority includes the powers necessary for
4the Department of Healthcare and Family Services to administer
5the Illinois Health and Human Services Innovation Incubator
6(HHSi2) project. The Department of Healthcare and Family
7Services shall cochair with the Governor's Office of
8Management and Budget an Executive Steering Committee of
9partner State agencies to coordinate the HHSi2 project. The
10powers and duties of the Executive Steering Committee shall be
11established by intergovernmental agreement. In addition, the
12Department of Healthcare and Family Services is authorized,
13without limitation, to enter into agreements with federal
14agencies, to create and implement the HHSi2 Shared
15Interoperability Platform, and to create all Implementation
16Advance Planning documents for the HHSi2 project.
17(Source: P.A. 92-111, eff. 1-1-02.)
18 (305 ILCS 5/12-10.10)
19 Sec. 12-10.10. HFS DHS Technology Initiative Fund.
20 (a) The HFS DHS Technology Initiative Fund is hereby
21created as a trust fund within the State treasury with the
22State Treasurer as the ex-officio custodian of the Fund.
23 (b) The Department of Healthcare and Family Human Services
24may accept and receive grants, awards, gifts, and bequests, or
25other moneys from any source, public or private, in support of

10300HB3817sam002- 461 -LRB103 30519 JDS 62533 a
1information technology initiatives. Those moneys Moneys
2received in support of information technology initiatives, and
3any interest earned thereon, shall be deposited into the HFS
4DHS Technology Initiative Fund.
5 (c) Moneys in the Fund may be used by the Department of
6Healthcare and Family Human Services for the purpose of making
7grants associated with the development and implementation of
8information technology projects or paying for operational
9expenses of the Department of Healthcare and Family Human
10Services related to such projects. The Department of
11Healthcare and Family Services may use moneys in the Fund to
12pay for administrative, operational, and project expenses of
13the Illinois Health and Human Services Innovation Incubator
14(HHSi2) project. Notwithstanding any provision of law to the
15contrary, the Department of Human Services shall have the
16authority to satisfy all Fiscal Year 2023 outstanding
17expenditure obligations or liabilities payable from the Fund
18pursuant to Section 25 of the State Finance Act.
19 (d) The Department of Healthcare and Family Human
20Services, in consultation with the Department of Innovation
21and Technology, shall use the funds deposited into in the HFS
22DHS Technology Initiative Fund to pay for information
23technology solutions either provided by Department of
24Innovation and Technology or arranged or coordinated by the
25Department of Innovation and Technology.
26(Source: P.A. 100-611, eff. 7-20-18; 101-275, eff. 8-9-19.)

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

10300HB3817sam002- 463 -LRB103 30519 JDS 62533 a
1Development for purposes of Section 8 of the United States
2Housing Act of 1937.
3 (e) "Affordable housing" means residential housing that,
4so long as the same is occupied by low-income households or
5very low-income households, requires payment of monthly
6housing costs, including utilities other than telephone, of no
7more than 30% of the maximum allowable income as stated for
8such households as defined in this Section.
9 (f) "Multi-family housing" means a building or buildings
10providing housing to 5 or more households.
11 (g) "Single-family housing" means a building containing
12one to 4 dwelling units, including a mobile home as defined in
13subsection (b) of Section 3 of the Mobile Home Landlord and
14Tenant Rights Act, as amended.
15 (h) "Community-based organization" means a not-for-profit
16entity whose governing body includes a majority of members who
17reside in the community served by the organization.
18 (i) "Advocacy organization" means a not-for-profit
19organization which conducts, in part or in whole, activities
20to influence public policy on behalf of low-income or very
21low-income households.
22 (j) "Program Administrator" means the Illinois Housing
23Development Authority.
24 (k) "Funding Agent" means the Illinois Department of Human
25Services Revenue.
26 (l) "Commission" means the Affordable Housing Advisory

10300HB3817sam002- 464 -LRB103 30519 JDS 62533 a
1Commission.
2 (m) "Congregate housing" means a building or structure in
3which 2 or more households, inclusive, share common living
4areas and may share child care, cleaning, cooking and other
5household responsibilities.
6 (n) "Eligible applicant" means a proprietorship,
7partnership, for-profit corporation, not-for-profit
8corporation or unit of local government which seeks to use
9fund assets as provided in this Article.
10 (o) "Moderate income household" means a single person,
11family or unrelated persons living together whose adjusted
12income is more than 80% but less than 120% of the median income
13of the area of residence, adjusted for family size, as such
14adjusted income and median income for the area are determined
15from time to time by the United States Department of Housing
16and Urban Development for purposes of Section 8 of the United
17States Housing Act of 1937.
18 (p) "Affordable Housing Program Trust Fund Bonds or Notes"
19means the bonds or notes issued by the Program Administrator
20under the Illinois Housing Development Act to further the
21purposes of this Act.
22 (q) "Trust Fund Moneys" means all moneys, deposits,
23revenues, income, interest, dividends, receipts, taxes,
24proceeds and other amounts or funds deposited or to be
25deposited into in the Trust Fund pursuant to Section 5(b) of
26this Act and any proceeds, investments or increase thereof.

10300HB3817sam002- 465 -LRB103 30519 JDS 62533 a
1 (r) "Program Escrow" means accounts, except those accounts
2relating to any Affordable Housing Program Trust Fund Bonds or
3Notes, designated by the Program Administrator, into which
4Trust Fund Moneys are deposited.
5 (s) "Common household pet" means a domesticated animal,
6such as a dog (canis lupus familiaris) or cat (felis catus),
7which is commonly kept in the home for pleasure rather than for
8commercial purposes.
9(Source: P.A. 102-283, eff. 1-1-22.)
10 (310 ILCS 65/5) (from Ch. 67 1/2, par. 1255)
11 Sec. 5. Illinois Affordable Housing Trust Fund.
12 (a) There is hereby created the Illinois Affordable
13Housing Trust Fund, hereafter referred to in this Act as the
14"Trust Fund" to be held as a separate fund within the State
15Treasury and to be administered by the Program Administrator.
16The purpose of the Trust Fund is to finance projects of the
17Illinois Affordable Housing Program as authorized and approved
18by the Program Administrator. The Funding Agent shall
19establish, within the Trust Fund, a General Account, a Bond
20Account, a Commitment Account and a Development Credits
21Account. The Funding Agent shall authorize distribution of
22Trust Fund moneys to the Program Administrator or a payee
23designated by the Program Administrator for purposes
24authorized by this Act. After receipt of the Trust Fund moneys
25by the Program Administrator or designated payee, the Program

10300HB3817sam002- 466 -LRB103 30519 JDS 62533 a
1Administrator shall ensure that all those moneys are expended
2for a public purpose and only as authorized by this Act.
3 (b) Except as otherwise provided in Section 8(c) of this
4Act, there shall be deposited in the Trust Fund such amounts as
5may become available under the provisions of this Act,
6including, but not limited to:
7 (1) all receipts, including dividends, principal and
8 interest repayments attributable to any loans or
9 agreements funded from the Trust Fund;
10 (2) all proceeds of assets of whatever nature received
11 by the Program Administrator, and attributable to default
12 with respect to loans or agreements funded from the Trust
13 Fund;
14 (3) any appropriations, grants or gifts of funds or
15 property, or financial or other aid from any federal or
16 State agency or body, local government or any other public
17 organization or private individual made to the Trust Fund;
18 (4) any income received as a result of the investment
19 of moneys in the Trust Fund;
20 (5) all fees or charges collected by the Program
21 Administrator or Funding Agent pursuant to this Act;
22 (6) amounts as provided in Section 31-35 of the Real
23 Estate Transfer Tax Law an amount equal to one half of all
24 proceeds collected by the Funding Agent pursuant to
25 Section 3 of the Real Estate Transfer Tax Act, as amended;
26 (7) other funds as appropriated by the General

10300HB3817sam002- 467 -LRB103 30519 JDS 62533 a
1 Assembly; and
2 (8) any income, less costs and fees associated with
3 the Program Escrow, received by the Program Administrator
4 that is derived from Trust Fund Moneys held in the Program
5 Escrow prior to expenditure of such Trust Fund Moneys.
6 (c) Additional Trust Fund Purpose: Receipt and use of
7federal funding for programs responding to the COVID-19 public
8health emergency. Notwithstanding any other provision of this
9Act or any other law limiting or directing the use of the Trust
10Fund, the Trust Fund may receive, directly or indirectly,
11federal funds from the Homeowner Assistance Fund authorized
12under Section 3206 of the federal American Rescue Plan Act of
132021 (Public Law 117-2). Any such funds shall be deposited
14into a Homeowner Assistance Account which shall be established
15within the Trust Fund by the Funding Agent so that such funds
16can be accounted for separately from other funds in the Trust
17Fund. Such funds may be used only in the manner and for the
18purposes authorized in Section 3206 of the American Rescue
19Plan Act of 2021 and in related federal guidance. Also, the
20Trust Fund may receive, directly or indirectly, federal funds
21from the Emergency Rental Assistance Program authorized under
22Section 3201 of the federal American Rescue Plan Act of 2021
23and Section 501 of Subtitle A of Title V of Division N of the
24Consolidated Appropriations Act, 2021 (Public Law 116–260).
25Any such funds shall be deposited into an Emergency Rental
26Assistance Account which shall be established within the Trust

10300HB3817sam002- 468 -LRB103 30519 JDS 62533 a
1Fund by the Funding Agent so that such funds can be accounted
2for separately from other funds in the Trust Fund. Such funds
3may be used only in the manner and for the purposes authorized
4in Section 3201 of the American Rescue Plan Act of 2021 and in
5related federal guidance. Expenditures under this subsection
6(c) are subject to annual appropriation to the Funding Agent.
7Unless used in this subsection (c), the defined terms set
8forth in Section 3 shall not apply to funds received pursuant
9to the American Rescue Plan Act of 2021. Notwithstanding any
10other provision of this Act or any other law limiting or
11directing the use of the Trust Fund, funds received under the
12American Rescue Plan Act of 2021 are not subject to the terms
13and provisions of this Act except as specifically set forth in
14this subsection (c).
15(Source: P.A. 102-16, eff. 6-17-21.)
16
ARTICLE 15.
17 Section 15-5. The Illinois Administrative Procedure Act is
18amended by adding Sections 5-45.42 and 5-45.43 as follows:
19 (5 ILCS 100/5-45.42 new)
20 Sec. 5-45.42. Emergency rulemaking; Mental Health and
21Developmental Disabilities Administrative Act. To provide for
22the expeditious and timely implementation of the changes made
23to Section 74 of the Mental Health and Developmental

10300HB3817sam002- 469 -LRB103 30519 JDS 62533 a
1Disabilities Administrative Act by this amendatory Act of the
2103rd General Assembly, emergency rules implementing the
3changes made to that Section by this amendatory Act of the
4103rd General Assembly may be adopted in accordance with
5Section 5-45 by the Department of Human Services or other
6department essential to the implementation of the changes. The
7adoption of emergency rules authorized by Section 5-45 and
8this Section is deemed to be necessary for the public
9interest, safety, and welfare.
10 This Section is repealed one year after the effective date
11of this amendatory Act of the 103rd General Assembly.
12 (5 ILCS 100/5-45.43 new)
13 Sec. 5-45.43. Emergency rulemaking; Illinois Public Aid
14Code. To provide for the expeditious and timely implementation
15of the changes made to the Illinois Public Aid Code by this
16amendatory Act of the 103rd General Assembly, emergency rules
17implementing the changes made to that Code by this amendatory
18Act of the 103rd General Assembly may be adopted in accordance
19with Section 5-45 by the Department of Healthcare and Family
20Services or other department essential to the implementation
21of the changes. The adoption of emergency rules authorized by
22Section 5-45 and this Section is deemed to be necessary for the
23public interest, safety, and welfare.
24 This Section is repealed one year after the effective date
25of this amendatory Act of the 103rd General Assembly.

10300HB3817sam002- 470 -LRB103 30519 JDS 62533 a
1 Section 15-10. The Mental Health and Developmental
2Disabilities Administrative Act is amended by changing Section
374 as follows:
4 (20 ILCS 1705/74)
5 Sec. 74. Rates and reimbursements.
6 (a) Within 30 days after July 6, 2017 (the effective date
7of Public Act 100-23), the Department shall increase rates and
8reimbursements to fund a minimum of a $0.75 per hour wage
9increase for front-line personnel, including, but not limited
10to, direct support professionals, aides, front-line
11supervisors, qualified intellectual disabilities
12professionals, nurses, and non-administrative support staff
13working in community-based provider organizations serving
14individuals with developmental disabilities. The Department
15shall adopt rules, including emergency rules under subsection
16(y) of Section 5-45 of the Illinois Administrative Procedure
17Act, to implement the provisions of this Section.
18 (b) Rates and reimbursements. Within 30 days after June 4,
192018 (the effective date of Public Act 100-587) this
20amendatory Act of the 100th General Assembly, the Department
21shall increase rates and reimbursements to fund a minimum of a
22$0.50 per hour wage increase for front-line personnel,
23including, but not limited to, direct support professionals,
24aides, front-line supervisors, qualified intellectual

10300HB3817sam002- 471 -LRB103 30519 JDS 62533 a
1disabilities professionals, nurses, and non-administrative
2support staff working in community-based provider
3organizations serving individuals with developmental
4disabilities. The Department shall adopt rules, including
5emergency rules under subsection (bb) of Section 5-45 of the
6Illinois Administrative Procedure Act, to implement the
7provisions of this Section.
8 (c) Rates and reimbursements. Within 30 days after June 5,
92019 (the effective date of Public Act 101-10) this amendatory
10Act of the 101st General Assembly, subject to federal
11approval, the Department shall increase rates and
12reimbursements in effect on June 30, 2019 for community-based
13providers for persons with Developmental Disabilities by 3.5%
14The Department shall adopt rules, including emergency rules
15under subsection (jj) of Section 5-45 of the Illinois
16Administrative Procedure Act, to implement the provisions of
17this Section, including wage increases for direct care staff.
18 (d) For community-based providers serving persons with
19intellectual/developmental disabilities, subject to federal
20approval of any relevant Waiver Amendment, the rates taking
21effect for services delivered on or after January 1, 2022,
22shall include an increase in the rate methodology sufficient
23to provide a $1.50 per hour wage increase for direct support
24professionals in residential settings and sufficient to
25provide wages for all residential non-executive direct care
26staff, excluding direct support professionals, at the federal

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

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1professionals personnel, at the federal Department of Labor,
2Bureau of Labor Statistics' average wage as defined in rule by
3the Department.
4 The establishment of and any changes to the rate
5methodologies for community-based services provided to persons
6with intellectual/developmental disabilities are subject to
7federal approval of any relevant Waiver Amendment and shall be
8defined in rule by the Department. The Department shall adopt
9rules, including emergency rules as authorized by Section 5-45
10of the Illinois Administrative Procedure Act, to implement the
11provisions of this subsection.
12 (f) For community-based providers serving persons with
13intellectual/developmental disabilities, subject to federal
14approval of any relevant Waiver Amendment, the rates taking
15effect for services delivered on or after January 1, 2024
16shall include an increase in the rate methodology sufficient
17to provide a $2.50 per hour wage increase for all direct
18support professionals and all other frontline personnel who
19are not subject to the Bureau of Labor Statistics' average
20wage increases and who work in residential and community day
21services settings. At least $1.25 of the per hour wage
22increase shall be provided as a direct increase to base wages,
23and the remaining $1.25 of the per hour wage increase shall be
24used flexibly for base wage increases. In addition, the rates
25taking effect for services delivered on or after January 1,
262024 shall include an increase sufficient to provide wages for

10300HB3817sam002- 474 -LRB103 30519 JDS 62533 a
1all residential non-executive direct care staff, excluding
2direct support professionals, at the federal Department of
3Labor, Bureau of Labor Statistics' average wage as defined in
4rule by the Department.
5 The establishment of and any changes to the rate
6methodologies for community-based services provided to persons
7with intellectual/developmental disabilities are subject to
8federal approval of any relevant Waiver Amendment and shall be
9defined in rule by the Department. The Department shall adopt
10rules, including emergency rules as authorized by Section 5-45
11of the Illinois Administrative Procedure Act, to implement the
12provisions of this subsection.
13(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21;
14102-699, eff. 4-19-22; 102-830, eff. 1-1-23; revised
1512-13-22.)
16 Section 15-15. The Illinois Public Aid Code is amended by
17changing Sections 5-5.4, 5-5.7a, and 12-4.11 and by adding
18Section 9A-17 as follows:
19 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
20 Sec. 5-5.4. Standards of Payment - Department of
21Healthcare and Family Services. The Department of Healthcare
22and Family Services shall develop standards of payment of
23nursing facility and ICF/DD services in facilities providing
24such services under this Article which:

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1 (1) Provide for the determination of a facility's payment
2for nursing facility or ICF/DD services on a prospective
3basis. The amount of the payment rate for all nursing
4facilities certified by the Department of Public Health under
5the ID/DD Community Care Act or the Nursing Home Care Act as
6Intermediate Care for the Developmentally Disabled facilities,
7Long Term Care for Under Age 22 facilities, Skilled Nursing
8facilities, or Intermediate Care facilities under the medical
9assistance program shall be prospectively established annually
10on the basis of historical, financial, and statistical data
11reflecting actual costs from prior years, which shall be
12applied to the current rate year and updated for inflation,
13except that the capital cost element for newly constructed
14facilities shall be based upon projected budgets. The annually
15established payment rate shall take effect on July 1 in 1984
16and subsequent years. No rate increase and no update for
17inflation shall be provided on or after July 1, 1994, unless
18specifically provided for in this Section. The changes made by
19Public Act 93-841 extending the duration of the prohibition
20against a rate increase or update for inflation are effective
21retroactive to July 1, 2004.
22 For facilities licensed by the Department of Public Health
23under the Nursing Home Care Act as Intermediate Care for the
24Developmentally Disabled facilities or Long Term Care for
25Under Age 22 facilities, the rates taking effect on July 1,
261998 shall include an increase of 3%. For facilities licensed

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1by the Department of Public Health under the Nursing Home Care
2Act as Skilled Nursing facilities or Intermediate Care
3facilities, the rates taking effect on July 1, 1998 shall
4include an increase of 3% plus $1.10 per resident-day, as
5defined by the Department. For facilities licensed by the
6Department of Public Health under the Nursing Home Care Act as
7Intermediate Care Facilities for the Developmentally Disabled
8or Long Term Care for Under Age 22 facilities, the rates taking
9effect on January 1, 2006 shall include an increase of 3%. For
10facilities licensed by the Department of Public Health under
11the Nursing Home Care Act as Intermediate Care Facilities for
12the Developmentally Disabled or Long Term Care for Under Age
1322 facilities, the rates taking effect on January 1, 2009
14shall include an increase sufficient to provide a $0.50 per
15hour wage increase for non-executive staff. For facilities
16licensed by the Department of Public Health under the ID/DD
17Community Care Act as ID/DD Facilities the rates taking effect
18within 30 days after July 6, 2017 (the effective date of Public
19Act 100-23) shall include an increase sufficient to provide a
20$0.75 per hour wage increase for non-executive staff. The
21Department shall adopt rules, including emergency rules under
22subsection (y) of Section 5-45 of the Illinois Administrative
23Procedure Act, to implement the provisions of this paragraph.
24For facilities licensed by the Department of Public Health
25under the ID/DD Community Care Act as ID/DD Facilities and
26under the MC/DD Act as MC/DD Facilities, the rates taking

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1effect within 30 days after June 5, 2019 (the effective date of
2Public Act 101-10) this amendatory Act of the 100th General
3Assembly shall include an increase sufficient to provide a
4$0.50 per hour wage increase for non-executive front-line
5personnel, including, but not limited to, direct support
6persons, aides, front-line supervisors, qualified intellectual
7disabilities professionals, nurses, and non-administrative
8support staff. The Department shall adopt rules, including
9emergency rules under subsection (bb) of Section 5-45 of the
10Illinois Administrative Procedure Act, to implement the
11provisions of this paragraph.
12 For facilities licensed by the Department of Public Health
13under the Nursing Home Care Act as Intermediate Care for the
14Developmentally Disabled facilities or Long Term Care for
15Under Age 22 facilities, the rates taking effect on July 1,
161999 shall include an increase of 1.6% plus $3.00 per
17resident-day, as defined by the Department. For facilities
18licensed by the Department of Public Health under the Nursing
19Home Care Act as Skilled Nursing facilities or Intermediate
20Care facilities, the rates taking effect on July 1, 1999 shall
21include an increase of 1.6% and, for services provided on or
22after October 1, 1999, shall be increased by $4.00 per
23resident-day, as defined by the Department.
24 For facilities licensed by the Department of Public Health
25under the Nursing Home Care Act as Intermediate Care for the
26Developmentally Disabled facilities or Long Term Care for

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1Under Age 22 facilities, the rates taking effect on July 1,
22000 shall include an increase of 2.5% per resident-day, as
3defined by the Department. For facilities licensed by the
4Department of Public Health under the Nursing Home Care Act as
5Skilled Nursing facilities or Intermediate Care facilities,
6the rates taking effect on July 1, 2000 shall include an
7increase of 2.5% per resident-day, as defined by the
8Department.
9 For facilities licensed by the Department of Public Health
10under the Nursing Home Care Act as skilled nursing facilities
11or intermediate care facilities, a new payment methodology
12must be implemented for the nursing component of the rate
13effective July 1, 2003. The Department of Public Aid (now
14Healthcare and Family Services) shall develop the new payment
15methodology using the Minimum Data Set (MDS) as the instrument
16to collect information concerning nursing home resident
17condition necessary to compute the rate. The Department shall
18develop the new payment methodology to meet the unique needs
19of Illinois nursing home residents while remaining subject to
20the appropriations provided by the General Assembly. A
21transition period from the payment methodology in effect on
22June 30, 2003 to the payment methodology in effect on July 1,
232003 shall be provided for a period not exceeding 3 years and
24184 days after implementation of the new payment methodology
25as follows:
26 (A) For a facility that would receive a lower nursing

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1 component rate per patient day under the new system than
2 the facility received effective on the date immediately
3 preceding the date that the Department implements the new
4 payment methodology, the nursing component rate per
5 patient day for the facility shall be held at the level in
6 effect on the date immediately preceding the date that the
7 Department implements the new payment methodology until a
8 higher nursing component rate of reimbursement is achieved
9 by that facility.
10 (B) For a facility that would receive a higher nursing
11 component rate per patient day under the payment
12 methodology in effect on July 1, 2003 than the facility
13 received effective on the date immediately preceding the
14 date that the Department implements the new payment
15 methodology, the nursing component rate per patient day
16 for the facility shall be adjusted.
17 (C) Notwithstanding paragraphs (A) and (B), the
18 nursing component rate per patient day for the facility
19 shall be adjusted subject to appropriations provided by
20 the General Assembly.
21 For facilities licensed by the Department of Public Health
22under the Nursing Home Care Act as Intermediate Care for the
23Developmentally Disabled facilities or Long Term Care for
24Under Age 22 facilities, the rates taking effect on March 1,
252001 shall include a statewide increase of 7.85%, as defined
26by the Department.

10300HB3817sam002- 480 -LRB103 30519 JDS 62533 a
1 Notwithstanding any other provision of this Section, for
2facilities licensed by the Department of Public Health under
3the Nursing Home Care Act as skilled nursing facilities or
4intermediate care facilities, except facilities participating
5in the Department's demonstration program pursuant to the
6provisions of Title 77, Part 300, Subpart T of the Illinois
7Administrative Code, the numerator of the ratio used by the
8Department of Healthcare and Family Services to compute the
9rate payable under this Section using the Minimum Data Set
10(MDS) methodology shall incorporate the following annual
11amounts as the additional funds appropriated to the Department
12specifically to pay for rates based on the MDS nursing
13component methodology in excess of the funding in effect on
14December 31, 2006:
15 (i) For rates taking effect January 1, 2007,
16 $60,000,000.
17 (ii) For rates taking effect January 1, 2008,
18 $110,000,000.
19 (iii) For rates taking effect January 1, 2009,
20 $194,000,000.
21 (iv) For rates taking effect April 1, 2011, or the
22 first day of the month that begins at least 45 days after
23 February 16, 2011 (the effective date of Public Act
24 96-1530) this amendatory Act of the 96th General Assembly,
25 $416,500,000 or an amount as may be necessary to complete
26 the transition to the MDS methodology for the nursing

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1 component of the rate. Increased payments under this item
2 (iv) are not due and payable, however, until (i) the
3 methodologies described in this paragraph are approved by
4 the federal government in an appropriate State Plan
5 amendment and (ii) the assessment imposed by Section 5B-2
6 of this Code is determined to be a permissible tax under
7 Title XIX of the Social Security Act.
8 Notwithstanding any other provision of this Section, for
9facilities licensed by the Department of Public Health under
10the Nursing Home Care Act as skilled nursing facilities or
11intermediate care facilities, the support component of the
12rates taking effect on January 1, 2008 shall be computed using
13the most recent cost reports on file with the Department of
14Healthcare and Family Services no later than April 1, 2005,
15updated for inflation to January 1, 2006.
16 For facilities licensed by the Department of Public Health
17under the Nursing Home Care Act as Intermediate Care for the
18Developmentally Disabled facilities or Long Term Care for
19Under Age 22 facilities, the rates taking effect on April 1,
202002 shall include a statewide increase of 2.0%, as defined by
21the Department. This increase terminates on July 1, 2002;
22beginning July 1, 2002 these rates are reduced to the level of
23the rates in effect on March 31, 2002, as defined by the
24Department.
25 For facilities licensed by the Department of Public Health
26under the Nursing Home Care Act as skilled nursing facilities

10300HB3817sam002- 482 -LRB103 30519 JDS 62533 a
1or intermediate care facilities, the rates taking effect on
2July 1, 2001 shall be computed using the most recent cost
3reports on file with the Department of Public Aid no later than
4April 1, 2000, updated for inflation to January 1, 2001. For
5rates effective July 1, 2001 only, rates shall be the greater
6of the rate computed for July 1, 2001 or the rate effective on
7June 30, 2001.
8 Notwithstanding any other provision of this Section, for
9facilities licensed by the Department of Public Health under
10the Nursing Home Care Act as skilled nursing facilities or
11intermediate care facilities, the Illinois Department shall
12determine by rule the rates taking effect on July 1, 2002,
13which shall be 5.9% less than the rates in effect on June 30,
142002.
15 Notwithstanding any other provision of this Section, for
16facilities licensed by the Department of Public Health under
17the Nursing Home Care Act as skilled nursing facilities or
18intermediate care facilities, if the payment methodologies
19required under Section 5A-12 and the waiver granted under 42
20CFR 433.68 are approved by the United States Centers for
21Medicare and Medicaid Services, the rates taking effect on
22July 1, 2004 shall be 3.0% greater than the rates in effect on
23June 30, 2004. These rates shall take effect only upon
24approval and implementation of the payment methodologies
25required under Section 5A-12.
26 Notwithstanding any other provisions of this Section, for

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1facilities licensed by the Department of Public Health under
2the Nursing Home Care Act as skilled nursing facilities or
3intermediate care facilities, the rates taking effect on
4January 1, 2005 shall be 3% more than the rates in effect on
5December 31, 2004.
6 Notwithstanding any other provision of this Section, for
7facilities licensed by the Department of Public Health under
8the Nursing Home Care Act as skilled nursing facilities or
9intermediate care facilities, effective January 1, 2009, the
10per diem support component of the rates effective on January
111, 2008, computed using the most recent cost reports on file
12with the Department of Healthcare and Family Services no later
13than April 1, 2005, updated for inflation to January 1, 2006,
14shall be increased to the amount that would have been derived
15using standard Department of Healthcare and Family Services
16methods, procedures, and inflators.
17 Notwithstanding any other provisions of this Section, for
18facilities licensed by the Department of Public Health under
19the Nursing Home Care Act as intermediate care facilities that
20are federally defined as Institutions for Mental Disease, or
21facilities licensed by the Department of Public Health under
22the Specialized Mental Health Rehabilitation Act of 2013, a
23socio-development component rate equal to 6.6% of the
24facility's nursing component rate as of January 1, 2006 shall
25be established and paid effective July 1, 2006. The
26socio-development component of the rate shall be increased by

10300HB3817sam002- 484 -LRB103 30519 JDS 62533 a
1a factor of 2.53 on the first day of the month that begins at
2least 45 days after January 11, 2008 (the effective date of
3Public Act 95-707). As of August 1, 2008, the
4socio-development component rate shall be equal to 6.6% of the
5facility's nursing component rate as of January 1, 2006,
6multiplied by a factor of 3.53. For services provided on or
7after April 1, 2011, or the first day of the month that begins
8at least 45 days after February 16, 2011 (the effective date of
9Public Act 96-1530) this amendatory Act of the 96th General
10Assembly, whichever is later, the Illinois Department may by
11rule adjust these socio-development component rates, and may
12use different adjustment methodologies for those facilities
13participating, and those not participating, in the Illinois
14Department's demonstration program pursuant to the provisions
15of Title 77, Part 300, Subpart T of the Illinois
16Administrative Code, but in no case may such rates be
17diminished below those in effect on August 1, 2008.
18 For facilities licensed by the Department of Public Health
19under the Nursing Home Care Act as Intermediate Care for the
20Developmentally Disabled facilities or as long-term care
21facilities for residents under 22 years of age, the rates
22taking effect on July 1, 2003 shall include a statewide
23increase of 4%, as defined by the Department.
24 For facilities licensed by the Department of Public Health
25under the Nursing Home Care Act as Intermediate Care for the
26Developmentally Disabled facilities or Long Term Care for

10300HB3817sam002- 485 -LRB103 30519 JDS 62533 a
1Under Age 22 facilities, the rates taking effect on the first
2day of the month that begins at least 45 days after January 11,
32008 (the effective date of Public Act 95-707) this amendatory
4Act of the 95th General Assembly shall include a statewide
5increase of 2.5%, as defined by the Department.
6 Notwithstanding any other provision of this Section, for
7facilities licensed by the Department of Public Health under
8the Nursing Home Care Act as skilled nursing facilities or
9intermediate care facilities, effective January 1, 2005,
10facility rates shall be increased by the difference between
11(i) a facility's per diem property, liability, and malpractice
12insurance costs as reported in the cost report filed with the
13Department of Public Aid and used to establish rates effective
14July 1, 2001 and (ii) those same costs as reported in the
15facility's 2002 cost report. These costs shall be passed
16through to the facility without caps or limitations, except
17for adjustments required under normal auditing procedures.
18 Rates established effective each July 1 shall govern
19payment for services rendered throughout that fiscal year,
20except that rates established on July 1, 1996 shall be
21increased by 6.8% for services provided on or after January 1,
221997. Such rates will be based upon the rates calculated for
23the year beginning July 1, 1990, and for subsequent years
24thereafter until June 30, 2001 shall be based on the facility
25cost reports for the facility fiscal year ending at any point
26in time during the previous calendar year, updated to the

10300HB3817sam002- 486 -LRB103 30519 JDS 62533 a
1midpoint of the rate year. The cost report shall be on file
2with the Department no later than April 1 of the current rate
3year. Should the cost report not be on file by April 1, the
4Department shall base the rate on the latest cost report filed
5by each skilled care facility and intermediate care facility,
6updated to the midpoint of the current rate year. In
7determining rates for services rendered on and after July 1,
81985, fixed time shall not be computed at less than zero. The
9Department shall not make any alterations of regulations which
10would reduce any component of the Medicaid rate to a level
11below what that component would have been utilizing in the
12rate effective on July 1, 1984.
13 (2) Shall take into account the actual costs incurred by
14facilities in providing services for recipients of skilled
15nursing and intermediate care services under the medical
16assistance program.
17 (3) Shall take into account the medical and psycho-social
18characteristics and needs of the patients.
19 (4) Shall take into account the actual costs incurred by
20facilities in meeting licensing and certification standards
21imposed and prescribed by the State of Illinois, any of its
22political subdivisions or municipalities and by the U.S.
23Department of Health and Human Services pursuant to Title XIX
24of the Social Security Act.
25 The Department of Healthcare and Family Services shall
26develop precise standards for payments to reimburse nursing

10300HB3817sam002- 487 -LRB103 30519 JDS 62533 a
1facilities for any utilization of appropriate rehabilitative
2personnel for the provision of rehabilitative services which
3is authorized by federal regulations, including reimbursement
4for services provided by qualified therapists or qualified
5assistants, and which is in accordance with accepted
6professional practices. Reimbursement also may be made for
7utilization of other supportive personnel under appropriate
8supervision.
9 The Department shall develop enhanced payments to offset
10the additional costs incurred by a facility serving
11exceptional need residents and shall allocate at least
12$4,000,000 of the funds collected from the assessment
13established by Section 5B-2 of this Code for such payments.
14For the purpose of this Section, "exceptional needs" means,
15but need not be limited to, ventilator care and traumatic
16brain injury care. The enhanced payments for exceptional need
17residents under this paragraph are not due and payable,
18however, until (i) the methodologies described in this
19paragraph are approved by the federal government in an
20appropriate State Plan amendment and (ii) the assessment
21imposed by Section 5B-2 of this Code is determined to be a
22permissible tax under Title XIX of the Social Security Act.
23 Beginning January 1, 2014 the methodologies for
24reimbursement of nursing facility services as provided under
25this Section 5-5.4 shall no longer be applicable for services
26provided on or after January 1, 2014.

10300HB3817sam002- 488 -LRB103 30519 JDS 62533 a
1 No payment increase under this Section for the MDS
2methodology, exceptional care residents, or the
3socio-development component rate established by Public Act
496-1530 of the 96th General Assembly and funded by the
5assessment imposed under Section 5B-2 of this Code shall be
6due and payable until after the Department notifies the
7long-term care providers, in writing, that the payment
8methodologies to long-term care providers required under this
9Section have been approved by the Centers for Medicare and
10Medicaid Services of the U.S. Department of Health and Human
11Services and the waivers under 42 CFR 433.68 for the
12assessment imposed by this Section, if necessary, have been
13granted by the Centers for Medicare and Medicaid Services of
14the U.S. Department of Health and Human Services. Upon
15notification to the Department of approval of the payment
16methodologies required under this Section and the waivers
17granted under 42 CFR 433.68, all increased payments otherwise
18due under this Section prior to the date of notification shall
19be due and payable within 90 days of the date federal approval
20is received.
21 On and after July 1, 2012, the Department shall reduce any
22rate of reimbursement for services or other payments or alter
23any methodologies authorized by this Code to reduce any rate
24of reimbursement for services or other payments in accordance
25with Section 5-5e.
26 For facilities licensed by the Department of Public Health

10300HB3817sam002- 489 -LRB103 30519 JDS 62533 a
1under the ID/DD Community Care Act as ID/DD Facilities and
2under the MC/DD Act as MC/DD Facilities, subject to federal
3approval, the rates taking effect for services delivered on or
4after August 1, 2019 shall be increased by 3.5% over the rates
5in effect on June 30, 2019. The Department shall adopt rules,
6including emergency rules under subsection (ii) of Section
75-45 of the Illinois Administrative Procedure Act, to
8implement the provisions of this Section, including wage
9increases for direct care staff.
10 For facilities licensed by the Department of Public Health
11under the ID/DD Community Care Act as ID/DD Facilities and
12under the MC/DD Act as MC/DD Facilities, subject to federal
13approval, the rates taking effect on the latter of the
14approval date of the State Plan Amendment for these facilities
15or the Waiver Amendment for the home and community-based
16services settings shall include an increase sufficient to
17provide a $0.26 per hour wage increase to the base wage for
18non-executive staff. The Department shall adopt rules,
19including emergency rules as authorized by Section 5-45 of the
20Illinois Administrative Procedure Act, to implement the
21provisions of this Section, including wage increases for
22direct care staff.
23 For facilities licensed by the Department of Public Health
24under the ID/DD Community Care Act as ID/DD Facilities and
25under the MC/DD Act as MC/DD Facilities, subject to federal
26approval of the State Plan Amendment and the Waiver Amendment

10300HB3817sam002- 490 -LRB103 30519 JDS 62533 a
1for the home and community-based services settings, the rates
2taking effect for the services delivered on or after July 1,
32020 shall include an increase sufficient to provide a $1.00
4per hour wage increase for non-executive staff. For services
5delivered on or after January 1, 2021, subject to federal
6approval of the State Plan Amendment and the Waiver Amendment
7for the home and community-based services settings, shall
8include an increase sufficient to provide a $0.50 per hour
9increase for non-executive staff. The Department shall adopt
10rules, including emergency rules as authorized by Section 5-45
11of the Illinois Administrative Procedure Act, to implement the
12provisions of this Section, including wage increases for
13direct care staff.
14 For facilities licensed by the Department of Public Health
15under the ID/DD Community Care Act as ID/DD Facilities and
16under the MC/DD Act as MC/DD Facilities, subject to federal
17approval of the State Plan Amendment, the rates taking effect
18for the residential services delivered on or after July 1,
192021, shall include an increase sufficient to provide a $0.50
20per hour increase for aides in the rate methodology. For
21facilities licensed by the Department of Public Health under
22the ID/DD Community Care Act as ID/DD Facilities and under the
23MC/DD Act as MC/DD Facilities, subject to federal approval of
24the State Plan Amendment, the rates taking effect for the
25residential services delivered on or after January 1, 2022
26shall include an increase sufficient to provide a $1.00 per

10300HB3817sam002- 491 -LRB103 30519 JDS 62533 a
1hour increase for aides in the rate methodology. In addition,
2for residential services delivered on or after January 1, 2022
3such rates shall include an increase sufficient to provide
4wages for all residential non-executive direct care staff,
5excluding aides, at the federal Department of Labor, Bureau of
6Labor Statistics' average wage as defined in rule by the
7Department. The Department shall adopt rules, including
8emergency rules as authorized by Section 5-45 of the Illinois
9Administrative Procedure Act, to implement the provisions of
10this Section.
11 For facilities licensed by the Department of Public Health
12under the ID/DD Community Care Act as ID/DD facilities and
13under the MC/DD Act as MC/DD facilities, subject to federal
14approval of the State Plan Amendment, the rates taking effect
15for services delivered on or after January 1, 2023, shall
16include a $1.00 per hour wage increase for all direct support
17personnel and all other frontline personnel who are not
18subject to the Bureau of Labor Statistics' average wage
19increases, who work in residential and community day services
20settings, with at least $0.50 of those funds to be provided as
21a direct increase to all aide base wages, with the remaining
22$0.50 to be used flexibly for base wage increases to the rate
23methodology for aides. In addition, for residential services
24delivered on or after January 1, 2023 the rates shall include
25an increase sufficient to provide wages for all residential
26non-executive direct care staff, excluding aides, at the

10300HB3817sam002- 492 -LRB103 30519 JDS 62533 a
1federal Department of Labor, Bureau of Labor Statistics'
2average wage as determined by the Department. Also, for
3services delivered on or after January 1, 2023, the rates will
4include adjustments to employment-related expenses as defined
5in rule by the Department. The Department shall adopt rules,
6including emergency rules as authorized by Section 5-45 of the
7Illinois Administrative Procedure Act, to implement the
8provisions of this Section.
9 For facilities licensed by the Department of Public Health
10under the ID/DD Community Care Act as ID/DD facilities and
11under the MC/DD Act as MC/DD facilities, subject to federal
12approval of the State Plan Amendment, the rates taking effect
13for services delivered on or after January 1, 2024 shall
14include a $2.50 per hour wage increase for all direct support
15personnel and all other frontline personnel who are not
16subject to the Bureau of Labor Statistics' average wage
17increases and who work in residential and community day
18services settings. At least $1.25 of the per hour wage
19increase shall be provided as a direct increase to all aide
20base wages, and the remaining $1.25 of the per hour wage
21increase shall be used flexibly for base wage increases to the
22rate methodology for aides. In addition, for residential
23services delivered on or after January 1, 2024, the rates
24shall include an increase sufficient to provide wages for all
25residential non-executive direct care staff, excluding aides,
26at the federal Department of Labor, Bureau of Labor

10300HB3817sam002- 493 -LRB103 30519 JDS 62533 a
1Statistics' average wage as determined by the Department.
2Also, for services delivered on or after January 1, 2024, the
3rates will include adjustments to employment-related expenses
4as defined in rule by the Department. The Department shall
5adopt rules, including emergency rules as authorized by
6Section 5-45 of the Illinois Administrative Procedure Act, to
7implement the provisions of this Section.
8(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
9102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
10 (305 ILCS 5/5-5.7a)
11 Sec. 5-5.7a. Pandemic related stability payments for
12health care providers. Notwithstanding other provisions of
13law, and in accordance with the Illinois Emergency Management
14Agency, the Department of Healthcare and Family Services shall
15develop a process to distribute pandemic related stability
16payments, from federal sources dedicated for such purposes, to
17health care providers that are providing care to recipients
18under the Medical Assistance Program. For provider types
19serving residents who are recipients of medical assistance
20under this Code and are funded by other State agencies, the
21Department will coordinate the distribution process of the
22pandemic related stability payments. Federal sources dedicated
23to pandemic related payments include, but are not limited to,
24funds distributed to the State of Illinois from the
25Coronavirus Relief Fund pursuant to the Coronavirus Aid,

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1Relief, and Economic Security Act ("CARES Act") and from the
2Coronavirus State Fiscal Recovery Fund pursuant to Section
39901 of the American Rescue Plan Act of 2021, that are
4appropriated to the Department during Fiscal Years 2020, 2021,
5and 2022 for purposes permitted by those federal laws and
6related federal guidance.
7 (1) Pandemic related stability payments for these
8 providers shall be separate and apart from any rate
9 methodology otherwise defined in this Code to the extent
10 permitted in accordance with Section 5001 of the CARES Act
11 and Section 9901 of the American Rescue Plan Act of 2021
12 and any related federal guidance.
13 (2) Payments made from moneys received from the
14 Coronavirus Relief Fund shall be used exclusively for
15 expenses incurred by the providers that are eligible for
16 reimbursement from the Coronavirus Relief Fund in
17 accordance with Section 5001 of the CARES Act and related
18 federal guidance. Payments made from moneys received from
19 the Coronavirus State Fiscal Recovery Fund shall be used
20 exclusively for purposes permitted by Section 9901 of the
21 American Rescue Plan Act of 2021 and related federal
22 guidance.
23 (3) All providers receiving pandemic related stability
24 payments shall attest in a format to be created by the
25 Department and be able to demonstrate that their expenses
26 are pandemic related, were not part of their annual

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1 budgets established before March 1, 2020.
2 (4) Pandemic related stability payments will be
3 distributed based on a schedule and framework to be
4 established by the Department with recognition of the
5 pandemic related acuity of the situation for each
6 provider, taking into account the factors including, but
7 not limited to, the following:
8 (A) the impact of the pandemic on patients served,
9 impact on staff, and shortages of the personal
10 protective equipment necessary for infection control
11 efforts for all providers;
12 (B) COVID-19 positivity rates among staff, or
13 patients, or both;
14 (C) pandemic related workforce challenges and
15 costs associated with temporary wage increases
16 associated with pandemic related hazard pay programs,
17 or costs associated with which providers do not have
18 enough staff to adequately provide care and protection
19 to the residents and other staff;
20 (D) providers with significant reductions in
21 utilization that result in corresponding reductions in
22 revenue as a result of the pandemic, including, but
23 not limited to, the cancellation or postponement of
24 elective procedures and visits;
25 (E) pandemic related payments received directly by
26 the providers through other federal resources;

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

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

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

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

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1 distribute funds such that eligible workers receive an
2 amount up to $13 per hour but no more than $25,000 for
3 the duration of the program. Recipients shall provide
4 a written certification to the Department
5 acknowledging compliance with this paragraph.
6 (D) No portion of these funds shall be spent on
7 volunteer or temporary staff, and these funds shall
8 not be used to make retroactive premium payments
9 before the effective date of this amendatory Act of
10 the 102nd General Assembly.
11 (E) The Department shall require each recipient
12 under this paragraph to submit appropriate
13 documentation acknowledging compliance with State and
14 federal law. For purposes of this paragraph, "eligible
15 worker" means a permanent staff member, regardless of
16 union affiliation, of a facility licensed by the
17 Department of Public Health under the Nursing Home
18 Care Act as a skilled nursing facility or intermediate
19 care facility engaged in "essential work", as defined
20 by Section 9901 of the American Rescue Plan Act of 2021
21 and related federal guidance, and (1) whose total pay
22 is below 150% of the average annual wage for all
23 occupations in the worker's county of residence, as
24 defined by the Bureau of Labor Statistics Occupational
25 Employment and Wage Statistics, or (2) is not exempt
26 from the federal Fair Labor Standards Act overtime

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1 provisions.
2 (9) From funds appropriated, directly or indirectly,
3 from moneys received by the State from the Coronavirus
4 State Fiscal Recovery Fund for Fiscal Years 2022 through
5 2024 the Department shall establish programs for making
6 payments to facilities licensed under the Nursing Home
7 Care Act and facilities licensed under the Specialized
8 Mental Health Rehabilitation Act of 2013. To the extent
9 permitted by Section 9901 of the American Rescue Plan Act
10 of 2021 and related federal guidance, the programs shall
11 provide:
12 (A) Payments for making permanent improvements to
13 resident rooms in order to improve resident outcomes
14 and infection control. Funds may be used to reduce bed
15 capacity and room occupancy. To be eligible for
16 funding, a facility must submit an application to the
17 Department as prescribed by the Department and as
18 published on its website. A facility may need to
19 receive approval from the Health Facilities and
20 Services Review Board for the permanent improvements
21 or the removal of the beds before it can receive
22 payment under this paragraph.
23 (B) Payments to reimburse 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 for eligible expenses related to the

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1 public health impacts of the COVID-19 public health
2 emergency, including, but not limited to, costs
3 related to COVID-19 testing for residents, COVID-19
4 prevention and treatment equipment, medical supplies,
5 and personal protective equipment.
6 (i) Awards made pursuant to this program shall
7 comply with the requirements of Section 9901 of
8 the American Rescue Plan Act of 2021 and all
9 related federal guidance. The amount awarded to
10 each recipient shall not exceed $1.71 per nursing
11 hour. Permissible expenditures must be made no
12 earlier than May 1, 2022 and no later than June 30,
13 2023.
14 (ii) Financial assistance pursuant to this
15 paragraph shall not be expended for premium pay.
16 (iii) The Department shall require each
17 recipient under this paragraph to submit
18 appropriate documentation acknowledging
19 compliance with State and federal law.
20(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
21102-687, eff. 12-17-21; 102-699, eff. 4-19-22.)
22 (305 ILCS 5/9A-17 new)
23 Sec. 9A-17. Smart Start Child Care Program. Subject to
24appropriation, the Department of Human Services shall
25establish the Smart Start Child Care Program. The Smart Start

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1Child Care Program shall focus on creating affordable child
2care, as well as increasing access to child care, for Illinois
3residents and may include, but is not limited to, providing
4funding to increase preschool availability, providing funding
5for childcare workforce compensation or capital investments,
6and expanding funding for Early Childhood Access Consortium
7for Equity Scholarships. The Department shall establish
8program eligibility criteria, participation conditions,
9payment levels, and other program requirements by rule. The
10Department of Human Services may consult with the Capital
11Development Board, the Department of Commerce and Economic
12Opportunity, and the Illinois Housing Development Authority in
13the management and disbursement of funds for capital-related
14projects. The Capital Development Board, the Department of
15Commerce and Economic Opportunity, and the Illinois Housing
16Development Authority shall act in a consulting role only for
17the evaluation of applicants, scoring of applicants, or
18administration of the grant program.
19 (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
20 Sec. 12-4.11. Grant amounts. The Department, with due
21regard for and subject to budgetary limitations, shall
22establish grant amounts for each of the programs, by
23regulation. The grant amounts may vary by program, size of
24assistance unit and geographic area. Grant amounts under the
25Temporary Assistance for Needy Families (TANF) program may not

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

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1$500 for Department payment of burial or cremation services.
2On January 1, 2006, July 1, 2006, and July 1, 2007, the
3Department shall increase the minimum reimbursement amount for
4funeral and burial expenses under this Section by a percentage
5equal to the percentage increase in the Consumer Price Index
6for All Urban Consumers, if any, during the 12 months
7immediately preceding that January 1 or July 1. In
8establishing the minimum allowable amount, the Department
9shall take into account the services essential to a dignified,
10low-cost (i) funeral and (ii) burial or cremation, including
11reasonable amounts that may be necessary for burial space and
12cemetery charges, and any applicable taxes or other required
13governmental fees or charges. If no person has agreed to pay
14the total cost of the (i) funeral and (ii) burial or cremation
15charges, the Department shall pay the vendor the actual costs
16of the (i) funeral and (ii) burial or cremation, or the minimum
17allowable amount for each service as established by the
18Department, whichever is less, provided that the Department
19reduces its payments by the amount available from the
20following sources: the decedent's assets and available
21resources and the anticipated amounts of any death benefits
22available to the decedent's estate, and amounts paid and
23arranged to be paid by the decedent's legally responsible
24relatives. A legally responsible relative is expected to pay
25(i) funeral and (ii) burial or cremation expenses unless
26financially unable to do so.

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1 Nothing contained in this Section or in any other Section
2of this Code shall be construed to prohibit the Illinois
3Department (1) from consolidating existing standards on the
4basis of any standards which are or were in effect on, or
5subsequent to July 1, 1969, or (2) from employing any
6consolidated standards in determining need for public aid and
7the amount of money payment or grant for individual recipients
8or recipient families.
9(Source: P.A. 100-587, eff. 6-4-18; 101-103, eff. 7-19-19.)
10
ARTICLE 20.
11 Section 20-5. The State Finance Act is amended by changing
12Sections 12 and 12-2 as follows:
13 (30 ILCS 105/12) (from Ch. 127, par. 148)
14 Sec. 12. Each voucher for traveling expenses shall
15indicate the purpose of the travel as required by applicable
16travel regulations, shall be itemized, and shall be
17accompanied by all receipts specified in the applicable travel
18regulations and by a certificate, signed by the person
19incurring such expense, certifying that the amount is correct
20and just; that the detailed items charged for subsistence were
21actually paid; that the expenses were occasioned by official
22business or unavoidable delays requiring the stay of such
23person at hotels for the time specified; that the journey was

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1performed with all practicable dispatch by the shortest route
2usually traveled in the customary reasonable manner; and that
3such person has not been furnished with transportation or
4money in lieu thereof; for any part of the journey therein
5charged for.
6 Upon written approval by the Office of the Comptroller, a
7State agency may maintain the original travel voucher, the
8receipts, and the proof of the traveler's signature on the
9traveler's certification statement at the office of the State
10agency. However, except as otherwise provided in this Section
11for State public institutions of higher education, nothing in
12this Section shall be construed to exempt a State agency from
13submitting a detailed travel voucher as prescribed by the
14Office of the Comptroller. Each State public institution of
15higher education is exempt from submitting a detailed travel
16voucher to the Office of the Comptroller but shall retain all
17receipts specified in the applicable travel regulations and
18shall annually publish a record of those expenditures on its
19official website using a form that it prescribes.
20 An information copy of each voucher covering a claim by a
21person subject to the official travel regulations promulgated
22under Section 12-2 for travel reimbursement involving an
23exception to the general restrictions of such travel
24regulations shall be filed with the applicable travel control
25board which shall consider these vouchers, or a report
26thereof, for approval. Amounts disbursed for travel

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1reimbursement claims which are disapproved by the applicable
2travel control board shall be refunded by the traveler and
3deposited in the fund or account from which payment was made.
4 As used in this Section, "State public institution of
5higher education" means the governing boards of the University
6of Illinois, Southern Illinois University, Illinois State
7University, Eastern Illinois University, Northern Illinois
8University, Western Illinois University, Chicago State
9University, Governors State University, and Northeastern
10Illinois University.
11(Source: P.A. 97-932, eff. 8-10-12.)
12 (30 ILCS 105/12-2) (from Ch. 127, par. 148-2)
13 Sec. 12-2. Travel Regulation Council; State travel
14reimbursement.
15 (a) The chairmen of the travel control boards established
16by Section 12-1, or their designees, shall together comprise
17the Travel Regulation Council. The Travel Regulation Council
18shall be chaired by the Director of Central Management
19Services, who shall be a nonvoting member of the Council,
20unless he is otherwise qualified to vote by virtue of being the
21designee of a voting member. No later than March 1, 1986, and
22at least biennially thereafter, the Council shall adopt State
23Travel Regulations and Reimbursement Rates which shall be
24applicable to all personnel subject to the jurisdiction of the
25travel control boards established by Section 12-1. An

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

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1agency as of the effective date of this amendatory Act, until
2the State Travel Regulations and Reimbursement Rates
3established by this Section are adopted and effective.
4 (e) (Blank). Lodging in Cook County, Illinois and the
5District of Columbia shall be reimbursed at the maximum
6lodging rate in effect under regulations promulgated pursuant
7to 5 U.S.C. 5701-5709. For purposes of this subsection (e),
8the District of Columbia shall include the cities and counties
9included in the per diem locality of the District of Columbia,
10as defined by the regulations in effect promulgated pursuant
11to 5 U.S.C. 5701-5709. Individual travel control boards may
12set a lodging reimbursement rate more restrictive than the
13rate set forth in the federal regulations.
14 (f) Notwithstanding any other law, travel reimbursement
15rates for lodging and mileage for automobile travel, as well
16as allowances for meals, shall be set for public institutions
17of higher education at the maximum rates established by the
18federal government for travel expenses, subsistence expenses,
19and mileage allowances under 5 U.S.C. Subchapter I and
20regulations promulgated thereunder. If a rate set under
21federal regulations increases or decreases in the course of
22the State's fiscal year, the effective date of the new rate
23shall be the effective date of the change in the federal rate.
24(Source: P.A. 102-1119, eff. 1-23-23.)
25
ARTICLE 30.

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1 Section 30-5. The General Assembly Operations Act is
2amended by changing Section 20 as follows:
3 (25 ILCS 10/20)
4 (Section scheduled to be repealed on July 1, 2023)
5 Sec. 20. Legislative Budget Oversight Commission.
6 (a) The General Assembly hereby finds and declares that
7the State is confronted with an unprecedented fiscal crisis.
8In light of this crisis, and the challenges it presents for the
9budgeting process, the General Assembly hereby establishes the
10Legislative Budget Oversight Commission. The purpose of the
11Commission is: to monitor budget management actions taken by
12the Office of the Governor or Governor's Office of Management
13and Budget; to oversee the distribution and expenditure of
14federal financial relief for State and local governments
15related to the COVID-19 pandemic; and to advise and review
16planned expenditures of State and federal grants for broadband
17projects.
18 (b) At the request of the Commission, units of local
19governments and State agency directors or their respective
20designees shall report to the Commission on the status and
21distribution of federal CARES money and any other federal
22financial relief related to the COVID-19 pandemic.
23 (c) In anticipation of constantly changing and
24unpredictable economic circumstances, the Commission will

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1provide a means for the Governor's Office and the General
2Assembly to maintain open communication about necessary budget
3management actions during these unprecedented times. Beginning
4August 15, 2020, the Governor's Office of Management and
5Budget shall submit a monthly written report to the Commission
6reporting any budget management actions taken by the Office of
7the Governor, Governor's Office of Management and Budget, or
8any State agency. At the call of one of the co-chairs, the
9Governor or his or her designee shall give a report to the
10Commission and each member thereof. The report shall be given
11either in person or by telephonic or videoconferencing means.
12The report shall include:
13 (1) any budget management actions taken by the Office
14 of the Governor, Governor's Office of Management and
15 Budget, or any agency or board under the Office of the
16 Governor in the prior quarter;
17 (2) year-to-date general funds revenues as compared to
18 anticipated revenues;
19 (3) year-to-date general funds expenditures as
20 compared to the Fiscal Year 2021 budget as enacted;
21 (4) a list, by program, of the number of grants
22 awarded, the aggregate amount of such grant awards, and
23 the aggregate amount of awards actually paid with respect
24 to all grants awarded from federal funds from the
25 Coronavirus Relief Fund in accordance with Section 5001 of
26 the federal Coronavirus Aid, Relief, and Economic Security

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1 (CARES) Act or from the Coronavirus State Fiscal Recovery
2 Fund in accordance with Section 9901 of the federal
3 American Rescue Plan Act of 2021, which shall identify the
4 number of grants awarded, the aggregate amount of such
5 grant awards, and the aggregate amount of such awards
6 actually paid to grantees located in or serving a
7 disproportionately impacted area, as defined in the
8 program from which the grant is awarded; and
9 (5) any additional items reasonably requested by the
10 Commission.
11 (c-5) Any plans, responses to requests, letters of intent,
12application materials, or other documents prepared on behalf
13of the State describing the State's intended plan for
14distributing grants pursuant to Division F of the
15Infrastructure Investment and Jobs Act must be, to the extent
16practical, provided to the Legislative Budget Oversight
17Commission for review at least 30 days prior to submission to
18the appropriate federal entity. If plans, responses to
19requests, letters of intent, application materials, or other
20documents prepared on behalf of the State describing the
21State's plan or goals for distributing grants pursuant to
22Division F of the Infrastructure Investment and Jobs Act
23cannot practically be given the Legislative Budget Oversight
24Commission 30 days prior to submission to the appropriate
25federal entity, the materials shall be provided to the
26Legislative Budget Oversight Commission with as much time for

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1review as practical. All documents provided to the Commission
2shall be made available to the public on the General
3Assembly's website. However, the following information shall
4be redacted from any documents made available to the public:
5(i) information specifically prohibited from disclosure by
6federal or State law or federal or State rules and
7regulations; (ii) trade secrets; (iii) security sensitive
8information; and (iv) proprietary, privileged, or confidential
9commercial or financial information from a privately held
10person or business which, if disclosed, would cause
11competitive harm. Members of the public and interested parties
12may submit written comments to the Commission for
13consideration. Prior to the State's submission to the
14appropriate federal entity pursuant to this subsection, the
15Commission shall conduct at least one public hearing during
16which members of the public and other interested parties may
17file written comments with and offer testimony before the
18Commission. After completing its review and consideration of
19any such testimony offered and written public comments
20received, the Commission shall submit its written comments and
21suggestions to the Governor or designated State entity
22responsible for administering the grant programs under
23Division F of the Infrastructure Investment and Jobs Act on
24behalf of the State. The Governor, or designated State entity
25responsible for administering the grant programs pursuant to
26Division F of the Infrastructure Investment and Jobs Act, must

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1consider comments and suggestions provided by the members of
2the Legislative Budget Oversight Commission and members of the
3public.
4 (c-10) At the request of the Commission, the Governor or
5the designated State entity responsible for administering
6programs under Division F of the Infrastructure Investment and
7Jobs Act on behalf of the State must report on the grants
8issued by the State pursuant to the programs under Division F
9of the Infrastructure Investment and Jobs Act.
10 (d) The Legislative Budget Oversight Commission shall
11consist of the following members:
12 (1) 7 members of the House of Representatives
13 appointed by the Speaker of the House of Representatives;
14 (2) 7 members of the Senate appointed by the Senate
15 President;
16 (3) 4 members of the House of Representatives
17 appointed by the Minority Leader of the House of
18 Representatives; and
19 (4) 4 members of the Senate appointed by the Senate
20 Minority Leader.
21 (e) The Speaker of the House of Representatives and the
22Senate President shall each appoint one member of the
23Commission to serve as a co-chair. The members of the
24Commission shall serve without compensation.
25 (f) As used in this Section:
26 "Budget management action" means any fund transfer

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1directed by the Governor or the Governor's Office of
2Management and Budget, designation of appropriation lines as
3reserve, or any other discretionary action taken with regard
4to the budget as enacted;
5 "State agency" means all officers, boards, commissions,
6departments, and agencies created by the Constitution, by law,
7by Executive Order, or by order of the Governor in the
8Executive Branch, other than the Offices of the Attorney
9General, Secretary of State, Comptroller, or Treasurer.
10 (g) This Section is repealed July 1, 2024 2023.
11(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
12102-699, eff. 4-19-22.)
13
ARTICLE 35.
14 Section 35-5. The Department of Commerce and Economic
15Opportunity Law of the Civil Administrative Code of Illinois
16is amended by changing Section 605-705 as follows:
17 (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
18 Sec. 605-705. Grants to local tourism and convention
19bureaus.
20 (a) To establish a grant program for local tourism and
21convention bureaus. The Department will develop and implement
22a program for the use of funds, as authorized under this Act,
23by local tourism and convention bureaus. For the purposes of

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1this Act, bureaus eligible to receive funds are those local
2tourism and convention bureaus that are (i) either units of
3local government or incorporated as not-for-profit
4organizations; (ii) in legal existence for a minimum of 2
5years before July 1, 2001; (iii) operating with a paid,
6full-time staff whose sole purpose is to promote tourism in
7the designated service area; and (iv) affiliated with one or
8more municipalities or counties that support the bureau with
9local hotel-motel taxes. After July 1, 2001, bureaus
10requesting certification in order to receive funds for the
11first time must be local tourism and convention bureaus that
12are (i) either units of local government or incorporated as
13not-for-profit organizations; (ii) in legal existence for a
14minimum of 2 years before the request for certification; (iii)
15operating with a paid, full-time staff whose sole purpose is
16to promote tourism in the designated service area; and (iv)
17affiliated with multiple municipalities or counties that
18support the bureau with local hotel-motel taxes. Each bureau
19receiving funds under this Act will be certified by the
20Department as the designated recipient to serve an area of the
21State. Notwithstanding the criteria set forth in this
22subsection (a), or any rule adopted under this subsection (a),
23the Director of the Department may provide for the award of
24grant funds to one or more entities if in the Department's
25judgment that action is necessary in order to prevent a loss of
26funding critical to promoting tourism in a designated

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1geographic area of the State.
2 (b) To distribute grants to local tourism and convention
3bureaus from appropriations made from the Local Tourism Fund
4for that purpose. Of the amounts appropriated annually to the
5Department for expenditure under this Section prior to July 1,
62011, one-third of those monies shall be used for grants to
7convention and tourism bureaus in cities with a population
8greater than 500,000. The remaining two-thirds of the annual
9appropriation prior to July 1, 2011 shall be used for grants to
10convention and tourism bureaus in the remainder of the State,
11in accordance with a formula based upon the population served.
12Of the amounts appropriated annually to the Department for
13expenditure under this Section beginning July 1, 2011, 18% of
14such moneys shall be used for grants to convention and tourism
15bureaus in cities with a population greater than 500,000. Of
16the amounts appropriated annually to the Department for
17expenditure under this Section beginning July 1, 2011, 82% of
18such moneys shall be used for grants to convention bureaus in
19the remainder of the State, in accordance with a formula based
20upon the population served. The Department may reserve up to
213% of total local tourism funds available for costs of
22administering the program to conduct audits of grants, to
23provide incentive funds to those bureaus that will conduct
24promotional activities designed to further the Department's
25statewide advertising campaign, to fund special statewide
26promotional activities, and to fund promotional activities

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1that support an increased use of the State's parks or historic
2sites. The Department shall require that any convention and
3tourism bureau receiving a grant under this Section that
4requires matching funds shall provide matching funds equal to
5no less than 50% of the grant amount except that in Fiscal
6Years 2021 through 2024 2023 only, the Department shall
7require that any convention and tourism bureau receiving a
8grant under this Section that requires matching funds shall
9provide matching funds equal to no less than 25% of the grant
10amount. During fiscal year 2013, the Department shall reserve
11$2,000,000 of the available local tourism funds for
12appropriation to the Historic Preservation Agency for the
13operation of the Abraham Lincoln Presidential Library and
14Museum and State historic sites.
15 To provide for the expeditious and timely implementation
16of the changes made by Public Act 101-636, emergency rules to
17implement the changes made by Public Act 101-636 may be
18adopted by the Department subject to the provisions of Section
195-45 of the Illinois Administrative Procedure Act.
20(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
21102-699, eff. 4-19-22.)
22
ARTICLE 40.
23 Section 40-5. The Department of Commerce and Economic
24Opportunity Law of the Civil Administrative Code of Illinois

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1is amended by changing Section 605-1105 as follows:
2 (20 ILCS 605/605-1105)
3 Sec. 605-1105. Local chambers of commerce recovery grants
4and business program.
5 (a) Subject Upon receipt or availability of the State or
6federal funds described in subsection (b), and subject to
7appropriation of those funds for the purposes described in
8this Section, the Department of Commerce and Economic
9Opportunity shall establish a program to award grants to local
10chambers of commerce.
11 (a-5) This subsection applies to grants under this Section
12that are funded by State or federal funds that are allocated to
13the State under the authority of legislation passed in
14response to the COVID-19 pandemic. The Department shall award
15an aggregate amount of up to $5,000,000 in grants under this
16subsection Section to eligible chambers of commerce. Each
17eligible chamber of commerce that applies to the Department
18for a grant under this subsection Section shall certify to the
19Department the difference between the chamber of commerce's
20total annual revenue in calendar year 2019 and the chamber of
21commerce's total annual revenue in calendar year 2020. The
22maximum amount that may be awarded to any eligible chamber of
23commerce during the first round of grants under this
24subsection is one-sixth of the certified amount. In
25determining grant amounts awarded under this subsection Act,

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1the Department may consider any awards that the chamber of
2commerce has received from the Back to Business Grant Program
3or the Business Interruption Grant Program. If the entire
4amount of moneys appropriated for the purposes of this
5subsection Section has not been allocated after a first round
6of grants is made, the Department may award additional funds
7to eligible chambers of commerce from the remaining funds.
8 (a-10) This subsection applies to grants awarded under
9this Section from sources other than State or federal funds
10that are allocated to the State under the authority or
11legislation passed in response to the COVID-19 pandemic.
12Grants under this subsection may be used to market and develop
13the service area of the chamber of commerce for the purposes of
14generating local, county, and State business taxes and
15providing small businesses with professional development,
16business guidance, and best practices for sustainability. No
17single chamber of commerce shall receive grant awards under
18this subsection in excess of $50,000 in any State fiscal year.
19 (a-15) Grants awarded under subsection (a-5) or (a-10) of
20this Section shall not be used to make any direct lobbying
21expenditure, as defined in subsection (c) of Section 4911 of
22the Internal Revenue Code, or to engage in any political
23campaign activity described in Section 501(c)(3) of the
24Internal Revenue Code.
25 (b) For grants awarded under subsection (a-5), the The
26Department may use State funds and federal funds that are

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

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1 501(c)(6) of the Internal Revenue Code of 1986;
2 (3) has an annual revenue of $1,000,000 or less; and
3 (4) files a 990 federal tax form with the Internal
4 Revenue Service;
5 (5) has or will have each of the following at the time
6 of award determination:
7 (A) governance bylaws;
8 (B) financial policies and procedures; and
9 (C) a mission and vision statement; and
10 (6) for grants awarded under subsection (a-5), (4) has
11 experienced an identifiable negative economic impact
12 resulting from or exacerbated by the public health
13 emergency or served a community disproportionately
14 impacted by a public health emergency.
15(Source: P.A. 102-1115, eff. 1-9-23.)
16
ARTICLE 55.
17 Section 55-5. The Department of Healthcare and Family
18Services Law of the Civil Administrative Code of Illinois is
19amended by adding Section 2205-36 as follows:
20 (20 ILCS 2205/2205-36 new)
21 Sec. 2205-36. Breakthrough Therapies for Veteran Suicide
22Prevention Program Advisory Council.
23 (a) There is created within the Department of Healthcare

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1and Family Services the Breakthrough Therapies for Veteran
2Suicide Prevention Program Advisory Council. The Council shall
3advise the Department on the rules and clinical infrastructure
4necessary to support clinical access to and training for
5medication-assisted United States Food and Drug Administration
6breakthrough therapies for veteran suicide prevention. In
7advising the Department under this Section, the Council shall
8advise the Department on:
9 (1) the award of grants for breakthrough therapy
10 treatment through the Veteran Suicide Prevention Program;
11 (2) the necessary education, training, licensing, and
12 credentialing of providers;
13 (3) patient safety and harm reduction;
14 (4) costs, insurance reimbursement, and strategies to
15 safely increase affordable access to care, including the
16 use of group therapy;
17 (5) standards for treatment facilities;
18 (6) relevant federal regulations and guidelines that
19 relevant State agencies may consider adopting;
20 (7) assisting with the development of public awareness
21 and education campaigns related to veteran suicides;
22 (8) additional funding needed for subsidized patient
23 access and provider and therapist training;
24 (9) overall Fund budget;
25 (10) periodic Fund evaluation;
26 (11) developing criteria and standards for the award

10300HB3817sam002- 525 -LRB103 30519 JDS 62533 a
1 of grants and fellowships;
2 (12) developing and providing oversight regarding
3 mechanisms for the dissemination of treatment and training
4 data; and
5 (13) developing provisions to ensure justice, equity,
6 diversity, and inclusion are considered in the
7 administration of grants and recommendations made to the
8 Department.
9 (b) The Council shall consist of 9 members:
10 (1) three members appointed by the Governor;
11 (2) two members appointed by the President of the
12 Senate;
13 (3) two members appointed by the Speaker of the House
14 of Representatives;
15 (4) one member appointed by The Minority Leader of the
16 Senate; and
17 (5) one member appointed by the Minority Leader of the
18 House.
19 (c) The Council shall include at least 3 veterans. The
20Council shall also include members with expertise in
21breakthrough therapy research, clinical mental health
22treatment, public health, access to mental and behavioral
23healthcare in underserved communities, veteran mental and
24behavioral healthcare, and harm reduction. The Department of
25Healthcare and Family Services shall provide administrative
26support to the Council.

10300HB3817sam002- 526 -LRB103 30519 JDS 62533 a
1 (d) The Council shall adopt internal organizational
2procedures as necessary for its efficient organization.
3 (e) Members of the Council shall serve without
4compensation.
5
ARTICLE 60.
6 Section 60-5. The Secretary of State Act is amended by
7changing Section 18 as follows:
8 (15 ILCS 305/18)
9 Sec. 18. Electronic Filing Supplemental Deposits into
10Department of Business Services Special Operations Fund. When
11a submission to the Secretary of State is made electronically,
12but does not include a request for expedited services,
13pursuant to the provisions of this amendatory Act of the 100th
14General Assembly up to $25 for each such transaction under the
15General Not For Profit Corporation Act of 1986 and up to $50
16from each such transaction under the Business Corporation Act
17of 1983, the Limited Liability Company Act, or the Uniform
18Limited Partnership Act (2001) shall be deposited into the
19Department of Business Services Special Operations Fund, and
20the remainder of any fee deposited into the General Revenue
21Fund. However, in no circumstance may the supplemental
22deposits provided by this Section cause the total deposits
23into the Special Operations Fund in any fiscal year from

10300HB3817sam002- 527 -LRB103 30519 JDS 62533 a
1electronic submissions under the Business Corporation Act of
21983, the General Not For Profit Corporation Act of 1986, the
3Limited Liability Company Act, the Uniform Partnership Act
4(1997), and the Uniform Limited Partnership Act (2001),
5whether or not for expedited services, to exceed $11,326,225.
6The Secretary of State has the authority to adopt rules
7necessary to implement this Section, in accordance with the
8Illinois Administrative Procedure Act. This Section does not
9apply on or after July 1, 2023.
10(Source: P.A. 102-16, eff. 6-17-21.)
11 Section 60-10. The State Finance Act is amended by
12changing Sections 6z-34 and 6z-70 as follows:
13 (30 ILCS 105/6z-34)
14 Sec. 6z-34. Secretary of State Special Services Fund.
15There is created in the State Treasury a special fund to be
16known as the Secretary of State Special Services Fund. Moneys
17deposited into the Fund may, subject to appropriation, be used
18by the Secretary of State for any or all of the following
19purposes:
20 (1) For general automation efforts within operations
21 of the Office of Secretary of State.
22 (2) For technology applications in any form that will
23 enhance the operational capabilities of the Office of
24 Secretary of State.

10300HB3817sam002- 528 -LRB103 30519 JDS 62533 a
1 (3) To provide funds for any type of library grants
2 authorized and administered by the Secretary of State as
3 State Librarian.
4 (4) For the purposes of the Secretary of State's
5 operating program expenses related to the enforcement of
6 administrative laws related to vehicles and
7 transportation.
8 These funds are in addition to any other funds otherwise
9authorized to the Office of Secretary of State for like or
10similar purposes.
11 On August 15, 1997, all fiscal year 1997 receipts that
12exceed the amount of $15,000,000 shall be transferred from
13this Fund to the Technology Management Revolving Fund
14(formerly known as the Statistical Services Revolving Fund);
15on August 15, 1998 and each year thereafter through 2000, all
16receipts from the fiscal year ending on the previous June 30th
17that exceed the amount of $17,000,000 shall be transferred
18from this Fund to the Technology Management Revolving Fund
19(formerly known as the Statistical Services Revolving Fund);
20on August 15, 2001 and each year thereafter through 2002, all
21receipts from the fiscal year ending on the previous June 30th
22that exceed the amount of $19,000,000 shall be transferred
23from this Fund to the Technology Management Revolving Fund
24(formerly known as the Statistical Services Revolving Fund);
25and on August 15, 2003 and each year thereafter through 2022,
26all receipts from the fiscal year ending on the previous June

10300HB3817sam002- 529 -LRB103 30519 JDS 62533 a
130th that exceed the amount of $33,000,000 shall be
2transferred from this Fund to the Technology Management
3Revolving Fund (formerly known as the Statistical Services
4Revolving Fund).
5(Source: P.A. 100-23, eff. 7-6-17; 101-10, eff. 6-5-19.)
6 (30 ILCS 105/6z-70)
7 Sec. 6z-70. The Secretary of State Identification Security
8and Theft Prevention Fund.
9 (a) The Secretary of State Identification Security and
10Theft Prevention Fund is created as a special fund in the State
11treasury. The Fund shall consist of any fund transfers,
12grants, fees, or moneys from other sources received for the
13purpose of funding identification security and theft
14prevention measures.
15 (b) All moneys in the Secretary of State Identification
16Security and Theft Prevention Fund shall be used, subject to
17appropriation, for any costs related to implementing
18identification security and theft prevention measures.
19 (c) (Blank).
20 (d) (Blank).
21 (e) (Blank).
22 (f) (Blank).
23 (g) (Blank).
24 (h) (Blank).
25 (i) (Blank).

10300HB3817sam002- 530 -LRB103 30519 JDS 62533 a
1 (j) (Blank).
2 (k) (Blank).
3 (l) (Blank).
4 (m) (Blank).
5 (n) (Blank). Notwithstanding any other provision of State
6law to the contrary, on or after July 1, 2021, and until June
730, 2022, in addition to any other transfers that may be
8provided for by law, at the direction of and upon notification
9of the Secretary of State, the State Comptroller shall direct
10and the State Treasurer shall transfer amounts into the
11Secretary of State Identification Security and Theft
12Prevention Fund from the designated funds not exceeding the
13following totals:
14 Division of Corporations Registered Limited
15 Liability Partnership Fund...................$287,000
16 Securities Investors Education Fund............$1,500,000
17 Department of Business Services Special
18 Operations Fund............................$4,500,000
19 Securities Audit and Enforcement Fund..........$5,000,000
20 Corporate Franchise Tax Refund Fund............$3,000,000
21 (o) Notwithstanding any other provision of State law to
22the contrary, on or after July 1, 2022, and until June 30,
232023, in addition to any other transfers that may be provided
24for by law, at the direction of and upon notification of the
25Secretary of State, the State Comptroller shall direct and the
26State Treasurer shall transfer amounts into the Secretary of

10300HB3817sam002- 531 -LRB103 30519 JDS 62533 a
1State Identification Security and Theft Prevention Fund from
2the designated funds not exceeding the following totals:
3 Division of Corporations Registered Limited
4 Liability Partnership Fund..................$400,000
5 Department of Business Services Special
6 Operations Fund...........................$5,500,000
7 Securities Audit and Enforcement Fund.........$4,000,000
8 Corporate Franchise Tax Refund Fund...........$4,000,000
9 (p) Notwithstanding any other provision of State law to
10the contrary, on or after July 1, 2023, and until June 30,
112024, in addition to any other transfers that may be provided
12for by law, at the direction of and upon notification of the
13Secretary of State, the State Comptroller shall direct and the
14State Treasurer shall transfer amounts into the Secretary of
15State Identification Security and Theft Prevention Fund from
16the designated funds not exceeding the following totals:
17 Division of Corporations Registered Limited
18 Liability Partnership Fund...................$400,000
19 Department of Business Services Special
20 Operations Fund............................$5,500,000
21 Securities Audit and Enforcement Fund..........$4,000,000
22(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
23102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
24 Section 60-15. The Business Corporation Act of 1983 is
25amended by changing Section 15.97 as follows:

10300HB3817sam002- 532 -LRB103 30519 JDS 62533 a
1 (805 ILCS 5/15.97) (from Ch. 32, par. 15.97)
2 (Section scheduled to be repealed on December 31, 2024)
3 Sec. 15.97. Corporate Franchise Tax Refund Fund.
4 (a) Beginning July 1, 1993, a percentage of the amounts
5collected under Sections 15.35, 15.45, 15.65, and 15.75 of
6this Act shall be deposited into the Corporate Franchise Tax
7Refund Fund, a special Fund hereby created in the State
8treasury. From July 1, 1993, until December 31, 1994, there
9shall be deposited into the Fund 3% of the amounts received
10under those Sections. Beginning January 1, 1995, and for each
11fiscal year beginning thereafter, 2% of the amounts collected
12under those Sections during the preceding fiscal year shall be
13deposited into the Fund.
14 (b) Beginning July 1, 1993, moneys in the Fund shall be
15expended exclusively for the purpose of paying refunds payable
16because of overpayment of franchise taxes, penalties, or
17interest under Sections 13.70, 15.35, 15.45, 15.65, 15.75, and
1816.05 of this Act and making transfers authorized under this
19Section. Refunds in accordance with the provisions of
20subsections (f) and (g) of Section 1.15 and Section 1.17 of
21this Act may be made from the Fund only to the extent that
22amounts collected under Sections 15.35, 15.45, 15.65, and
2315.75 of this Act have been deposited in the Fund and remain
24available. On or before August 31 of each year, the balance in
25the Fund in excess of $100,000 shall be transferred to the

10300HB3817sam002- 533 -LRB103 30519 JDS 62533 a
1General Revenue Fund. Notwithstanding the provisions of this
2subsection, for the period commencing on or after July 1,
32022, amounts in the fund shall not be transferred to the
4General Revenue Fund and shall be used to pay refunds in
5accordance with the provisions of this Act. Within a
6reasonable time after December 31, 2022, the Secretary of
7State shall direct and the Comptroller shall order transferred
8to the General Revenue Fund all amounts remaining in the fund.
9 (c) This Act shall constitute an irrevocable and
10continuing appropriation from the Corporate Franchise Tax
11Refund Fund for the purpose of paying refunds upon the order of
12the Secretary of State in accordance with the provisions of
13this Section.
14 (d) This Section is repealed on December 31, 2024.
15(Source: P.A. 101-9, eff. 6-5-19; 102-282, eff. 1-1-22.)
16 Section 60-20. The Limited Liability Company Act is
17amended by changing Section 50-55 as follows:
18 (805 ILCS 180/50-55)
19 Sec. 50-55. Disposition of fees. Of Until July 1, 2021, of
20the total money collected for the filing of annual reports
21under this Act, $10 of the filing fee shall be paid into the
22Department of Business Services Special Operations Fund. The
23remaining money collected for the filing of annual reports
24under this Act shall be deposited into the General Revenue

10300HB3817sam002- 534 -LRB103 30519 JDS 62533 a
1Fund in the State Treasury.
2(Source: P.A. 100-561, eff. 7-1-18.)
3
ARTICLE 65.
4 Section 65-5. The State Budget Law of the Civil
5Administrative Code of Illinois is amended by changing Section
650-25 as follows:
7 (15 ILCS 20/50-25)
8 Sec. 50-25. Statewide prioritized goals.
9 (a) Definitions. As used in this Section:
10 "Commission" means the Budgeting for Results Commission
11established by this Section.
12 "Result area" means major organizational categories of
13State government as defined by the Governor.
14 "Outcome area" means subcategories of result areas that
15further define, and facilitate the measurement of the result
16area, as established by the Governor.
17 (b) Statewide prioritized goals. For fiscal year 2025 2012
18and each fiscal year thereafter, prior to the submission of
19the State budget, the Governor, in consultation with the
20Commission appropriation committees of the General Assembly
21and, beginning with budgets prepared for fiscal year 2013, the
22commission established under this Section, shall: (i) identify
23statewide result areas prioritize outcomes that are most

10300HB3817sam002- 535 -LRB103 30519 JDS 62533 a
1important for each State agency of the executive branch under
2the jurisdiction of the Governor to achieve for the next
3fiscal year and (ii) identify outcome areas, which further
4define the statewide result areas, into which State programs
5and associated spending can be categorized set goals to
6accomplish those outcomes according to the priority of the
7outcome. There must be a reasonable number of annually defined
8statewide result and outcome areas goals defining State
9priorities for the budget. Each result and outcome goal shall
10be further defined to facilitate success in achieving that
11result or outcome goal.
12 (c) Budgeting for Results Commission. On or after July 31,
132024 No later than July 31 of each fiscal year beginning in
14fiscal year 2012, the Governor shall establish a commission
15for the purpose of advising the Governor in the implementation
16of performance-based budgeting in Illinois State government,
17setting statewide result and outcome areas, and providing
18oversight and guidance for comprehensive program assessments
19and benefit-cost analysis of State agency programs those
20outcomes and goals, including the timeline for achieving those
21outcomes and goals.
22 (1) Membership. The commission shall be composed of
23 voting and non-voting members appointed by the Governor.
24 The commission shall be a well-balanced group and shall be
25 not more than 15 and not less than 8 members. Members
26 appointed by the Governor shall serve a three-year term,

10300HB3817sam002- 536 -LRB103 30519 JDS 62533 a
1 beginning and ending on July 1 of each year. Vacancies in
2 Commission membership shall be filled in the same manner
3 as initial appointments. Appointments to fill vacancies
4 occurring before the expiration of a term shall be for the
5 remainder of the term. Members shall serve until their
6 successors are appointed. a manageable size.
7 (2) Bylaws. The commission may adopt bylaws for the
8 regulation of its affairs and the conduct of its business.
9 (3) Quorum. Total membership of the Commission
10 consists of the number of voting members serving on the
11 Commission, not including any vacant positions. A quorum
12 consists of a simple majority of total voting membership
13 and shall be sufficient to conduct the business of the
14 commission, unless stipulated otherwise in the bylaws of
15 the commission. A member may submit a proxy in writing to
16 the Commission Co-Chairs or the Commission Staff Director
17 no later than 24 hours before a scheduled meeting, and
18 that proxy shall count toward the quorum for that meeting
19 only.
20 (4) Chairpersons. Two Co-Chairs of the commission
21 shall be appointed by the Governor. The Co-Chairs shall be
22 one member of the General Assembly and one person who is
23 not a member of the General Assembly.
24 (5) Meetings. The commission shall hold at least 2
25 in-person public meetings during each fiscal year. One
26 meeting shall be held in the City of Chicago and one

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

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1by passing a joint resolution detailing the General Assembly's
2objections.
3 (d) In addition, each other constitutional officer of the
4executive branch, in consultation with the appropriation
5committees of the General Assembly, shall: (i) prioritize
6outcomes that are most important for his or her office to
7achieve for the next fiscal year and (ii) set goals to
8accomplish those outcomes according to the priority of the
9outcome. The Governor and each constitutional officer shall
10separately conduct performance analyses to determine which
11programs, strategies, and activities will best achieve those
12desired outcomes. The Governor shall recommend that
13appropriations be made to State agencies and officers for the
14next fiscal year based on the agreed upon result and outcome
15areas goals and priorities. Each agency and officer may
16develop its own strategies for meeting those goals and shall
17review and analyze those strategies on a regular basis. The
18Governor shall also implement procedures to measure annual
19progress toward the State's statewide results and outcomes
20highest priority outcomes and shall develop a statewide
21reporting system that collects performance data from all
22programs under the authority of the Governor compares the
23actual results with budgeted results. Those performance
24measures and results shall be posted on the Governor's Office
25of Management and Budget website State Comptroller's website,
26and compiled for distribution in the Comptroller's Public

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1Accountability Report, as is currently the practice on the
2effective date of this amendatory Act of the 96th General
3Assembly.
4(Source: P.A. 102-801, eff. 5-13-22.)
5
ARTICLE 75.
6 Section 75-5. The Freedom of Information Act is amended by
7changing Section 7.5 as follows:
8 (5 ILCS 140/7.5)
9 Sec. 7.5. Statutory exemptions. To the extent provided for
10by the statutes referenced below, the following shall be
11exempt from inspection and copying:
12 (a) All information determined to be confidential
13 under Section 4002 of the Technology Advancement and
14 Development Act.
15 (b) Library circulation and order records identifying
16 library users with specific materials under the Library
17 Records Confidentiality Act.
18 (c) Applications, related documents, and medical
19 records received by the Experimental Organ Transplantation
20 Procedures Board and any and all documents or other
21 records prepared by the Experimental Organ Transplantation
22 Procedures Board or its staff relating to applications it
23 has received.

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1 (d) Information and records held by the Department of
2 Public Health and its authorized representatives relating
3 to known or suspected cases of sexually transmissible
4 disease or any information the disclosure of which is
5 restricted under the Illinois Sexually Transmissible
6 Disease Control Act.
7 (e) Information the disclosure of which is exempted
8 under Section 30 of the Radon Industry Licensing Act.
9 (f) Firm performance evaluations under Section 55 of
10 the Architectural, Engineering, and Land Surveying
11 Qualifications Based Selection Act.
12 (g) Information the disclosure of which is restricted
13 and exempted under Section 50 of the Illinois Prepaid
14 Tuition Act.
15 (h) Information the disclosure of which is exempted
16 under the State Officials and Employees Ethics Act, and
17 records of any lawfully created State or local inspector
18 general's office that would be exempt if created or
19 obtained by an Executive Inspector General's office under
20 that Act.
21 (i) Information contained in a local emergency energy
22 plan submitted to a municipality in accordance with a
23 local emergency energy plan ordinance that is adopted
24 under Section 11-21.5-5 of the Illinois Municipal Code.
25 (j) Information and data concerning the distribution
26 of surcharge moneys collected and remitted by carriers

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1 under the Emergency Telephone System Act.
2 (k) Law enforcement officer identification information
3 or driver identification information compiled by a law
4 enforcement agency or the Department of Transportation
5 under Section 11-212 of the Illinois Vehicle Code.
6 (l) Records and information provided to a residential
7 health care facility resident sexual assault and death
8 review team or the Executive Council under the Abuse
9 Prevention Review Team Act.
10 (m) Information provided to the predatory lending
11 database created pursuant to Article 3 of the Residential
12 Real Property Disclosure Act, except to the extent
13 authorized under that Article.
14 (n) Defense budgets and petitions for certification of
15 compensation and expenses for court appointed trial
16 counsel as provided under Sections 10 and 15 of the
17 Capital Crimes Litigation Act. This subsection (n) shall
18 apply until the conclusion of the trial of the case, even
19 if the prosecution chooses not to pursue the death penalty
20 prior to trial or sentencing.
21 (o) Information that is prohibited from being
22 disclosed under Section 4 of the Illinois Health and
23 Hazardous Substances Registry Act.
24 (p) Security portions of system safety program plans,
25 investigation reports, surveys, schedules, lists, data, or
26 information compiled, collected, or prepared by or for the

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1 Department of Transportation under Sections 2705-300 and
2 2705-616 of the Department of Transportation Law of the
3 Civil Administrative Code of Illinois, the Regional
4 Transportation Authority under Section 2.11 of the
5 Regional Transportation Authority Act, or the St. Clair
6 County Transit District under the Bi-State Transit Safety
7 Act.
8 (q) Information prohibited from being disclosed by the
9 Personnel Record Review Act.
10 (r) Information prohibited from being disclosed by the
11 Illinois School Student Records Act.
12 (s) Information the disclosure of which is restricted
13 under Section 5-108 of the Public Utilities Act.
14 (t) All identified or deidentified health information
15 in the form of health data or medical records contained
16 in, stored in, submitted to, transferred by, or released
17 from the Illinois Health Information Exchange, and
18 identified or deidentified health information in the form
19 of health data and medical records of the Illinois Health
20 Information Exchange in the possession of the Illinois
21 Health Information Exchange Office due to its
22 administration of the Illinois Health Information
23 Exchange. The terms "identified" and "deidentified" shall
24 be given the same meaning as in the Health Insurance
25 Portability and Accountability Act of 1996, Public Law
26 104-191, or any subsequent amendments thereto, and any

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1 regulations promulgated thereunder.
2 (u) Records and information provided to an independent
3 team of experts under the Developmental Disability and
4 Mental Health Safety Act (also known as Brian's Law).
5 (v) Names and information of people who have applied
6 for or received Firearm Owner's Identification Cards under
7 the Firearm Owners Identification Card Act or applied for
8 or received a concealed carry license under the Firearm
9 Concealed Carry Act, unless otherwise authorized by the
10 Firearm Concealed Carry Act; and databases under the
11 Firearm Concealed Carry Act, records of the Concealed
12 Carry Licensing Review Board under the Firearm Concealed
13 Carry Act, and law enforcement agency objections under the
14 Firearm Concealed Carry Act.
15 (v-5) Records of the Firearm Owner's Identification
16 Card Review Board that are exempted from disclosure under
17 Section 10 of the Firearm Owners Identification Card Act.
18 (w) Personally identifiable information which is
19 exempted from disclosure under subsection (g) of Section
20 19.1 of the Toll Highway Act.
21 (x) Information which is exempted from disclosure
22 under Section 5-1014.3 of the Counties Code or Section
23 8-11-21 of the Illinois Municipal Code.
24 (y) Confidential information under the Adult
25 Protective Services Act and its predecessor enabling
26 statute, the Elder Abuse and Neglect Act, including

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1 information about the identity and administrative finding
2 against any caregiver of a verified and substantiated
3 decision of abuse, neglect, or financial exploitation of
4 an eligible adult maintained in the Registry established
5 under Section 7.5 of the Adult Protective Services Act.
6 (z) Records and information provided to a fatality
7 review team or the Illinois Fatality Review Team Advisory
8 Council under Section 15 of the Adult Protective Services
9 Act.
10 (aa) Information which is exempted from disclosure
11 under Section 2.37 of the Wildlife Code.
12 (bb) Information which is or was prohibited from
13 disclosure by the Juvenile Court Act of 1987.
14 (cc) Recordings made under the Law Enforcement
15 Officer-Worn Body Camera Act, except to the extent
16 authorized under that Act.
17 (dd) Information that is prohibited from being
18 disclosed under Section 45 of the Condominium and Common
19 Interest Community Ombudsperson Act.
20 (ee) Information that is exempted from disclosure
21 under Section 30.1 of the Pharmacy Practice Act.
22 (ff) Information that is exempted from disclosure
23 under the Revised Uniform Unclaimed Property Act.
24 (gg) Information that is prohibited from being
25 disclosed under Section 7-603.5 of the Illinois Vehicle
26 Code.

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1 (hh) Records that are exempt from disclosure under
2 Section 1A-16.7 of the Election Code.
3 (ii) Information which is exempted from disclosure
4 under Section 2505-800 of the Department of Revenue Law of
5 the Civil Administrative Code of Illinois.
6 (jj) Information and reports that are required to be
7 submitted to the Department of Labor by registering day
8 and temporary labor service agencies but are exempt from
9 disclosure under subsection (a-1) of Section 45 of the Day
10 and Temporary Labor Services Act.
11 (kk) Information prohibited from disclosure under the
12 Seizure and Forfeiture Reporting Act.
13 (ll) Information the disclosure of which is restricted
14 and exempted under Section 5-30.8 of the Illinois Public
15 Aid Code.
16 (mm) Records that are exempt from disclosure under
17 Section 4.2 of the Crime Victims Compensation Act.
18 (nn) Information that is exempt from disclosure under
19 Section 70 of the Higher Education Student Assistance Act.
20 (oo) Communications, notes, records, and reports
21 arising out of a peer support counseling session
22 prohibited from disclosure under the First Responders
23 Suicide Prevention Act.
24 (pp) Names and all identifying information relating to
25 an employee of an emergency services provider or law
26 enforcement agency under the First Responders Suicide

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1 Prevention Act.
2 (qq) Information and records held by the Department of
3 Public Health and its authorized representatives collected
4 under the Reproductive Health Act.
5 (rr) Information that is exempt from disclosure under
6 the Cannabis Regulation and Tax Act.
7 (ss) Data reported by an employer to the Department of
8 Human Rights pursuant to Section 2-108 of the Illinois
9 Human Rights Act.
10 (tt) Recordings made under the Children's Advocacy
11 Center Act, except to the extent authorized under that
12 Act.
13 (uu) Information that is exempt from disclosure under
14 Section 50 of the Sexual Assault Evidence Submission Act.
15 (vv) Information that is exempt from disclosure under
16 subsections (f) and (j) of Section 5-36 of the Illinois
17 Public Aid Code.
18 (ww) Information that is exempt from disclosure under
19 Section 16.8 of the State Treasurer Act.
20 (xx) Information that is exempt from disclosure or
21 information that shall not be made public under the
22 Illinois Insurance Code.
23 (yy) Information prohibited from being disclosed under
24 the Illinois Educational Labor Relations Act.
25 (zz) Information prohibited from being disclosed under
26 the Illinois Public Labor Relations Act.

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1 (aaa) Information prohibited from being disclosed
2 under Section 1-167 of the Illinois Pension Code.
3 (bbb) Information that is prohibited from disclosure
4 by the Illinois Police Training Act and the Illinois State
5 Police Act.
6 (ccc) Records exempt from disclosure under Section
7 2605-304 of the Illinois State Police Law of the Civil
8 Administrative Code of Illinois.
9 (ddd) Information prohibited from being disclosed
10 under Section 35 of the Address Confidentiality for
11 Victims of Domestic Violence, Sexual Assault, Human
12 Trafficking, or Stalking Act.
13 (eee) Information prohibited from being disclosed
14 under subsection (b) of Section 75 of the Domestic
15 Violence Fatality Review Act.
16 (fff) Images from cameras under the Expressway Camera
17 Act. This subsection (fff) is inoperative on and after
18 July 1, 2023.
19 (ggg) Information prohibited from disclosure under
20 paragraph (3) of subsection (a) of Section 14 of the Nurse
21 Agency Licensing Act.
22 (hhh) Information submitted to the Illinois Department
23 of State Police in an affidavit or application for an
24 assault weapon endorsement, assault weapon attachment
25 endorsement, .50 caliber rifle endorsement, or .50 caliber
26 cartridge endorsement under the Firearm Owners

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1 Identification Card Act.
2 (iii) Data exempt from disclosure under Section 50 of
3 the School Safety Drill Act.
4(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
5101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
61-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
7eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
8101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
91-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
10eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
11102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
127-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
132-13-23.)
14 Section 75-10. The School Safety Drill Act is amended by
15adding Section 50 as follows:
16 (105 ILCS 128/50 new)
17 Sec. 50. Crisis response mapping data grants.
18 (a) Subject to appropriation, a public school district, a
19charter school, a special education cooperative or district,
20an education for employment system, a State-approved area
21career center, a public university laboratory school, the
22Illinois Mathematics and Science Academy, the Department of
23Juvenile Justice School District, a regional office of
24education, the Illinois School for the Deaf, the Illinois

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1School for the Visually Impaired, the Philip J. Rock Center
2and School, an early childhood or preschool program supported
3by the Early Childhood Block Grant, or any other public school
4entity designated by the State Board of Education by rule, may
5apply to the State Board of Education or the State Board of
6Education or the State Board's designee for a grant to obtain
7crisis response mapping data and to provide copies of the
8crisis response mapping data to appropriate local, county,
9State, and federal first responders for use in response to
10emergencies. The crisis response mapping data shall be stored
11and provided in an electronic or digital format to assist
12first responders in responding to emergencies at the school.
13 (b) Subject to appropriation, including funding for any
14administrative costs reasonably incurred by the State Board of
15Education or the State Board's designee in the administration
16of the grant program described by this Section, the State
17Board shall provide grants to any entity in subsection (a)
18upon approval of an application submitted by the entity to
19cover the costs incurred in obtaining crisis response mapping
20data under this Section. The grant application must include
21crisis response mapping data for all schools under the
22jurisdiction of the entity submitting the application,
23including, in the case of a public school district, any
24charter schools authorized by the school board for the school
25district.
26 (c) To be eligible for a grant under this Section, the

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1crisis response mapping data must, at a minimum:
2 (1) be compatible and integrate into security software
3 platforms in use by the specific school for which the data
4 is provided without requiring local law enforcement
5 agencies or the school district to purchase additional
6 software or requiring the integration of third-party
7 software to view the data;
8 (2) be compatible with security software platforms in
9 use by the specific school for which the data is provided
10 without requiring local public safety agencies or the
11 school district to purchase additional software or
12 requiring the integration of third-party software to view
13 the data;
14 (3) be capable of being provided in a printable
15 format;
16 (4) be verified for accuracy by an on-site
17 walk-through of the school building and grounds;
18 (5) be oriented to true north;
19 (6) be overlaid on current aerial imagery or plans of
20 the school building;
21 (7) contain site-specific labeling that matches the
22 structure of the school building, including room labels,
23 hallway names, and external door or stairwell numbers and
24 the location of hazards, critical utilities, key boxes,
25 automated external defibrillators, and trauma kits, and
26 that matches the school grounds, including parking areas,

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1 athletic fields, surrounding roads, and neighboring
2 properties; and
3 (8) be overlaid with gridded x/y coordinates.
4 (d) Subject to appropriation, the crisis response mapping
5data may be reviewed annually to update the data as necessary.
6 (e) Crisis response mapping data obtained pursuant to this
7Section are confidential and exempt from disclosure under the
8Freedom of Information Act.
9 (f) The State Board may adopt rules to implement the
10provisions of this Section.
11
ARTICLE 80.
12 Section 80-5. The School Code is amended by changing
13Sections 10-20.21, 34-18, and 34-21.3 as follows:
14 (105 ILCS 5/10-20.21)
15 Sec. 10-20.21. Contracts.
16 (a) To award all contracts for purchase of supplies and
17materials or work involving an expenditure in excess of
18$35,000 $25,000 or a lower amount as required by board policy
19to the lowest responsible bidder, considering conformity with
20specifications, terms of delivery, quality and serviceability,
21after due advertisement, except the following:
22 (i) contracts for the services of individuals
23 possessing a high degree of professional skill where the

10300HB3817sam002- 552 -LRB103 30519 JDS 62533 a
1 ability or fitness of the individual plays an important
2 part;
3 (ii) contracts for the printing of finance committee
4 reports and departmental reports;
5 (iii) contracts for the printing or engraving of
6 bonds, tax warrants and other evidences of indebtedness;
7 (iv) contracts for the purchase of perishable foods
8 and perishable beverages;
9 (v) contracts for materials and work which have been
10 awarded to the lowest responsible bidder after due
11 advertisement, but due to unforeseen revisions, not the
12 fault of the contractor for materials and work, must be
13 revised causing expenditures not in excess of 10% of the
14 contract price;
15 (vi) contracts for the maintenance or servicing of, or
16 provision of repair parts for, equipment which are made
17 with the manufacturer or authorized service agent of that
18 equipment where the provision of parts, maintenance, or
19 servicing can best be performed by the manufacturer or
20 authorized service agent;
21 (vii) purchases and contracts for the use, purchase,
22 delivery, movement, or installation of data processing
23 equipment, software, or services and telecommunications
24 and interconnect equipment, software, and services;
25 (viii) contracts for duplicating machines and
26 supplies;

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1 (ix) contracts for the purchase of fuel, including
2 diesel, gasoline, oil, aviation, natural gas, or propane,
3 lubricants, or other petroleum products;
4 (x) purchases of equipment previously owned by some
5 entity other than the district itself;
6 (xi) contracts for repair, maintenance, remodeling,
7 renovation, or construction, or a single project involving
8 an expenditure not to exceed $50,000 and not involving a
9 change or increase in the size, type, or extent of an
10 existing facility;
11 (xii) contracts for goods or services procured from
12 another governmental agency;
13 (xiii) contracts for goods or services which are
14 economically procurable from only one source, such as for
15 the purchase of magazines, books, periodicals, pamphlets
16 and reports, and for utility services such as water,
17 light, heat, telephone or telegraph;
18 (xiv) where funds are expended in an emergency and
19 such emergency expenditure is approved by 3/4 of the
20 members of the board;
21 (xv) State master contracts authorized under Article
22 28A of this Code;
23 (xvi) contracts providing for the transportation of
24 pupils, which contracts must be advertised in the same
25 manner as competitive bids and awarded by first
26 considering the bidder or bidders most able to provide

10300HB3817sam002- 554 -LRB103 30519 JDS 62533 a
1 safety and comfort for the pupils, stability of service,
2 and any other factors set forth in the request for
3 proposal regarding quality of service, and then price; and
4 (xvii) contracts for goods, services, or management in
5 the operation of a school's food service, including a
6 school that participates in any of the United States
7 Department of Agriculture's child nutrition programs if a
8 good faith effort is made on behalf of the school district
9 to give preference to:
10 (1) contracts that procure food that promotes the
11 health and well-being of students, in compliance with
12 United States Department of Agriculture nutrition
13 standards for school meals. Contracts should also
14 promote the production of scratch made, minimally
15 processed foods;
16 (2) contracts that give a preference to State or
17 regional suppliers that source local food products;
18 (3) contracts that give a preference to food
19 suppliers that utilize producers that adopt hormone
20 and pest management practices recommended by the
21 United States Department of Agriculture;
22 (4) contracts that give a preference to food
23 suppliers that value animal welfare; and
24 (5) contracts that increase opportunities for
25 businesses owned and operated by minorities, women, or
26 persons with disabilities.

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1 Food supplier data shall be submitted to the school
2 district at the time of the bid, to the best of the
3 bidder's ability, and updated annually thereafter during
4 the term of the contract. The contractor shall submit the
5 updated food supplier data. The data required under this
6 item (xvii) shall include the name and address of each
7 supplier, distributor, processor, and producer involved in
8 the provision of the products that the bidder is to
9 supply.
10However, at no time shall a cause of action lie against a
11school board for awarding a pupil transportation contract per
12the standards set forth in this subsection (a) unless the
13cause of action is based on fraudulent conduct.
14 All competitive bids for contracts involving an
15expenditure in excess of $35,000 $25,000 or a lower amount as
16required by board policy must be sealed by the bidder and must
17be opened by a member or employee of the school board at a
18public bid opening at which the contents of the bids must be
19announced. Each bidder must receive at least 3 days' notice of
20the time and place of the bid opening. For purposes of this
21Section due advertisement includes, but is not limited to, at
22least one public notice at least 10 days before the bid date in
23a newspaper published in the district, or if no newspaper is
24published in the district, in a newspaper of general
25circulation in the area of the district. State master
26contracts and certified education purchasing contracts, as

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1defined in Article 28A of this Code, are not subject to the
2requirements of this paragraph.
3 Under this Section, the acceptance of bids sealed by a
4bidder and the opening of these bids at a public bid opening
5may be permitted by an electronic process for communicating,
6accepting, and opening competitive bids. An electronic bidding
7process must provide for, but is not limited to, the following
8safeguards:
9 (1) On the date and time certain of a bid opening, the
10 primary person conducting the competitive, sealed,
11 electronic bid process shall log onto a specified database
12 using a unique username and password previously assigned
13 to the bidder to allow access to the bidder's specific bid
14 project number.
15 (2) The specified electronic database must be on a
16 network that (i) is in a secure environment behind a
17 firewall; (ii) has specific encryption tools; (iii)
18 maintains specific intrusion detection systems; (iv) has
19 redundant systems architecture with data storage back-up,
20 whether by compact disc or tape; and (v) maintains a
21 disaster recovery plan.
22It is the legislative intent of Public Act 96-841 to maintain
23the integrity of the sealed bidding process provided for in
24this Section, to further limit any possibility of bid-rigging,
25to reduce administrative costs to school districts, and to
26effect efficiencies in communications with bidders.

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1 (b) To require, as a condition of any contract for goods
2and services, that persons bidding for and awarded a contract
3and all affiliates of the person collect and remit Illinois
4Use Tax on all sales of tangible personal property into the
5State of Illinois in accordance with the provisions of the
6Illinois Use Tax Act regardless of whether the person or
7affiliate is a "retailer maintaining a place of business
8within this State" as defined in Section 2 of the Use Tax Act.
9For purposes of this Section, the term "affiliate" means any
10entity that (1) directly, indirectly, or constructively
11controls another entity, (2) is directly, indirectly, or
12constructively controlled by another entity, or (3) is subject
13to the control of a common entity. For purposes of this
14subsection (b), an entity controls another entity if it owns,
15directly or individually, more than 10% of the voting
16securities of that entity. As used in this subsection (b), the
17term "voting security" means a security that (1) confers upon
18the holder the right to vote for the election of members of the
19board of directors or similar governing body of the business
20or (2) is convertible into, or entitles the holder to receive
21upon its exercise, a security that confers such a right to
22vote. A general partnership interest is a voting security.
23 To require that bids and contracts include a certification
24by the bidder or contractor that the bidder or contractor is
25not barred from bidding for or entering into a contract under
26this Section and that the bidder or contractor acknowledges

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1that the school board may declare the contract void if the
2certification completed pursuant to this subsection (b) is
3false.
4 (b-5) To require all contracts and agreements that pertain
5to goods and services and that are intended to generate
6additional revenue and other remunerations for the school
7district in excess of $1,000, including without limitation
8vending machine contracts, sports and other attire, class
9rings, and photographic services, to be approved by the school
10board. The school board shall file as an attachment to its
11annual budget a report, in a form as determined by the State
12Board of Education, indicating for the prior year the name of
13the vendor, the product or service provided, and the actual
14net revenue and non-monetary remuneration from each of the
15contracts or agreements. In addition, the report shall
16indicate for what purpose the revenue was used and how and to
17whom the non-monetary remuneration was distributed.
18 (b-10) To prohibit any contract to purchase food with a
19bidder or offeror if the bidder's or offeror's contract terms
20prohibit the school from donating food to food banks,
21including, but not limited to, homeless shelters, food
22pantries, and soup kitchens.
23 (c) If the State education purchasing entity creates a
24master contract as defined in Article 28A of this Code, then
25the State education purchasing entity shall notify school
26districts of the existence of the master contract.

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1 (d) In purchasing supplies, materials, equipment, or
2services that are not subject to subsection (c) of this
3Section, before a school district solicits bids or awards a
4contract, the district may review and consider as a bid under
5subsection (a) of this Section certified education purchasing
6contracts that are already available through the State
7education purchasing entity.
8(Source: P.A. 101-570, eff. 8-23-19; 101-632, eff. 6-5-20;
9102-1101, eff. 6-29-22.)
10 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
11 Sec. 34-18. Powers of the board. The board shall exercise
12general supervision and jurisdiction over the public education
13and the public school system of the city, and, except as
14otherwise provided by this Article, shall have power:
15 1. To make suitable provision for the establishment
16 and maintenance throughout the year or for such portion
17 thereof as it may direct, not less than 9 months and in
18 compliance with Section 10-19.05, of schools of all grades
19 and kinds, including normal schools, high schools, night
20 schools, schools for defectives and delinquents, parental
21 and truant schools, schools for the blind, the deaf, and
22 persons with physical disabilities, schools or classes in
23 manual training, constructural and vocational teaching,
24 domestic arts, and physical culture, vocation and
25 extension schools and lecture courses, and all other

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1 educational courses and facilities, including
2 establishing, equipping, maintaining and operating
3 playgrounds and recreational programs, when such programs
4 are conducted in, adjacent to, or connected with any
5 public school under the general supervision and
6 jurisdiction of the board; provided that the calendar for
7 the school term and any changes must be submitted to and
8 approved by the State Board of Education before the
9 calendar or changes may take effect, and provided that in
10 allocating funds from year to year for the operation of
11 all attendance centers within the district, the board
12 shall ensure that supplemental general State aid or
13 supplemental grant funds are allocated and applied in
14 accordance with Section 18-8, 18-8.05, or 18-8.15. To
15 admit to such schools without charge foreign exchange
16 students who are participants in an organized exchange
17 student program which is authorized by the board. The
18 board shall permit all students to enroll in
19 apprenticeship programs in trade schools operated by the
20 board, whether those programs are union-sponsored or not.
21 No student shall be refused admission into or be excluded
22 from any course of instruction offered in the common
23 schools by reason of that student's sex. No student shall
24 be denied equal access to physical education and
25 interscholastic athletic programs supported from school
26 district funds or denied participation in comparable

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1 physical education and athletic programs solely by reason
2 of the student's sex. Equal access to programs supported
3 from school district funds and comparable programs will be
4 defined in rules promulgated by the State Board of
5 Education in consultation with the Illinois High School
6 Association. Notwithstanding any other provision of this
7 Article, neither the board of education nor any local
8 school council or other school official shall recommend
9 that children with disabilities be placed into regular
10 education classrooms unless those children with
11 disabilities are provided with supplementary services to
12 assist them so that they benefit from the regular
13 classroom instruction and are included on the teacher's
14 regular education class register;
15 2. To furnish lunches to pupils, to make a reasonable
16 charge therefor, and to use school funds for the payment
17 of such expenses as the board may determine are necessary
18 in conducting the school lunch program;
19 3. To co-operate with the circuit court;
20 4. To make arrangements with the public or
21 quasi-public libraries and museums for the use of their
22 facilities by teachers and pupils of the public schools;
23 5. To employ dentists and prescribe their duties for
24 the purpose of treating the pupils in the schools, but
25 accepting such treatment shall be optional with parents or
26 guardians;

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1 6. To grant the use of assembly halls and classrooms
2 when not otherwise needed, including light, heat, and
3 attendants, for free public lectures, concerts, and other
4 educational and social interests, free of charge, under
5 such provisions and control as the principal of the
6 affected attendance center may prescribe;
7 7. To apportion the pupils to the several schools;
8 provided that no pupil shall be excluded from or
9 segregated in any such school on account of his color,
10 race, sex, or nationality. The board shall take into
11 consideration the prevention of segregation and the
12 elimination of separation of children in public schools
13 because of color, race, sex, or nationality. Except that
14 children may be committed to or attend parental and social
15 adjustment schools established and maintained either for
16 boys or girls only. All records pertaining to the
17 creation, alteration or revision of attendance areas shall
18 be open to the public. Nothing herein shall limit the
19 board's authority to establish multi-area attendance
20 centers or other student assignment systems for
21 desegregation purposes or otherwise, and to apportion the
22 pupils to the several schools. Furthermore, beginning in
23 school year 1994-95, pursuant to a board plan adopted by
24 October 1, 1993, the board shall offer, commencing on a
25 phased-in basis, the opportunity for families within the
26 school district to apply for enrollment of their children

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1 in any attendance center within the school district which
2 does not have selective admission requirements approved by
3 the board. The appropriate geographical area in which such
4 open enrollment may be exercised shall be determined by
5 the board of education. Such children may be admitted to
6 any such attendance center on a space available basis
7 after all children residing within such attendance
8 center's area have been accommodated. If the number of
9 applicants from outside the attendance area exceed the
10 space available, then successful applicants shall be
11 selected by lottery. The board of education's open
12 enrollment plan must include provisions that allow
13 low-income students to have access to transportation
14 needed to exercise school choice. Open enrollment shall be
15 in compliance with the provisions of the Consent Decree
16 and Desegregation Plan cited in Section 34-1.01;
17 8. To approve programs and policies for providing
18 transportation services to students. Nothing herein shall
19 be construed to permit or empower the State Board of
20 Education to order, mandate, or require busing or other
21 transportation of pupils for the purpose of achieving
22 racial balance in any school;
23 9. Subject to the limitations in this Article, to
24 establish and approve system-wide curriculum objectives
25 and standards, including graduation standards, which
26 reflect the multi-cultural diversity in the city and are

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1 consistent with State law, provided that for all purposes
2 of this Article courses or proficiency in American Sign
3 Language shall be deemed to constitute courses or
4 proficiency in a foreign language; and to employ
5 principals and teachers, appointed as provided in this
6 Article, and fix their compensation. The board shall
7 prepare such reports related to minimal competency testing
8 as may be requested by the State Board of Education and, in
9 addition, shall monitor and approve special education and
10 bilingual education programs and policies within the
11 district to ensure that appropriate services are provided
12 in accordance with applicable State and federal laws to
13 children requiring services and education in those areas;
14 10. To employ non-teaching personnel or utilize
15 volunteer personnel for: (i) non-teaching duties not
16 requiring instructional judgment or evaluation of pupils,
17 including library duties; and (ii) supervising study
18 halls, long distance teaching reception areas used
19 incident to instructional programs transmitted by
20 electronic media such as computers, video, and audio,
21 detention and discipline areas, and school-sponsored
22 extracurricular activities. The board may further utilize
23 volunteer nonlicensed personnel or employ nonlicensed
24 personnel to assist in the instruction of pupils under the
25 immediate supervision of a teacher holding a valid
26 educator license, directly engaged in teaching subject

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1 matter or conducting activities; provided that the teacher
2 shall be continuously aware of the nonlicensed persons'
3 activities and shall be able to control or modify them.
4 The general superintendent shall determine qualifications
5 of such personnel and shall prescribe rules for
6 determining the duties and activities to be assigned to
7 such personnel;
8 10.5. To utilize volunteer personnel from a regional
9 School Crisis Assistance Team (S.C.A.T.), created as part
10 of the Safe to Learn Program established pursuant to
11 Section 25 of the Illinois Violence Prevention Act of
12 1995, to provide assistance to schools in times of
13 violence or other traumatic incidents within a school
14 community by providing crisis intervention services to
15 lessen the effects of emotional trauma on individuals and
16 the community; the School Crisis Assistance Team Steering
17 Committee shall determine the qualifications for
18 volunteers;
19 11. To provide television studio facilities in not to
20 exceed one school building and to provide programs for
21 educational purposes, provided, however, that the board
22 shall not construct, acquire, operate, or maintain a
23 television transmitter; to grant the use of its studio
24 facilities to a licensed television station located in the
25 school district; and to maintain and operate not to exceed
26 one school radio transmitting station and provide programs

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1 for educational purposes;
2 12. To offer, if deemed appropriate, outdoor education
3 courses, including field trips within the State of
4 Illinois, or adjacent states, and to use school
5 educational funds for the expense of the said outdoor
6 educational programs, whether within the school district
7 or not;
8 13. During that period of the calendar year not
9 embraced within the regular school term, to provide and
10 conduct courses in subject matters normally embraced in
11 the program of the schools during the regular school term
12 and to give regular school credit for satisfactory
13 completion by the student of such courses as may be
14 approved for credit by the State Board of Education;
15 14. To insure against any loss or liability of the
16 board, the former School Board Nominating Commission,
17 Local School Councils, the Chicago Schools Academic
18 Accountability Council, or the former Subdistrict Councils
19 or of any member, officer, agent, or employee thereof,
20 resulting from alleged violations of civil rights arising
21 from incidents occurring on or after September 5, 1967 or
22 from the wrongful or negligent act or omission of any such
23 person whether occurring within or without the school
24 premises, provided the officer, agent, or employee was, at
25 the time of the alleged violation of civil rights or
26 wrongful act or omission, acting within the scope of his

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1 or her employment or under direction of the board, the
2 former School Board Nominating Commission, the Chicago
3 Schools Academic Accountability Council, Local School
4 Councils, or the former Subdistrict Councils; and to
5 provide for or participate in insurance plans for its
6 officers and employees, including, but not limited to,
7 retirement annuities, medical, surgical and
8 hospitalization benefits in such types and amounts as may
9 be determined by the board; provided, however, that the
10 board shall contract for such insurance only with an
11 insurance company authorized to do business in this State.
12 Such insurance may include provision for employees who
13 rely on treatment by prayer or spiritual means alone for
14 healing, in accordance with the tenets and practice of a
15 recognized religious denomination;
16 15. To contract with the corporate authorities of any
17 municipality or the county board of any county, as the
18 case may be, to provide for the regulation of traffic in
19 parking areas of property used for school purposes, in
20 such manner as is provided by Section 11-209 of the
21 Illinois Vehicle Code;
22 16. (a) To provide, on an equal basis, access to a high
23 school campus and student directory information to the
24 official recruiting representatives of the armed forces of
25 Illinois and the United States for the purposes of
26 informing students of the educational and career

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

10300HB3817sam002- 569 -LRB103 30519 JDS 62533 a
1 more than the actual costs incurred by the high school.
2 (d) Information received by an official recruiting
3 representative under this Section may be used only to
4 provide information to students concerning educational and
5 career opportunities available in the military and may not
6 be released to a person who is not involved in recruiting
7 students for the armed forces of Illinois or the United
8 States;
9 17. (a) To sell or market any computer program
10 developed by an employee of the school district, provided
11 that such employee developed the computer program as a
12 direct result of his or her duties with the school
13 district or through the utilization of school district
14 resources or facilities. The employee who developed the
15 computer program shall be entitled to share in the
16 proceeds of such sale or marketing of the computer
17 program. The distribution of such proceeds between the
18 employee and the school district shall be as agreed upon
19 by the employee and the school district, except that
20 neither the employee nor the school district may receive
21 more than 90% of such proceeds. The negotiation for an
22 employee who is represented by an exclusive bargaining
23 representative may be conducted by such bargaining
24 representative at the employee's request.
25 (b) For the purpose of this paragraph 17:
26 (1) "Computer" means an internally programmed,

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1 general purpose digital device capable of
2 automatically accepting data, processing data and
3 supplying the results of the operation.
4 (2) "Computer program" means a series of coded
5 instructions or statements in a form acceptable to a
6 computer, which causes the computer to process data in
7 order to achieve a certain result.
8 (3) "Proceeds" means profits derived from the
9 marketing or sale of a product after deducting the
10 expenses of developing and marketing such product;
11 18. To delegate to the general superintendent of
12 schools, by resolution, the authority to approve contracts
13 and expenditures in amounts of $35,000 $10,000 or less;
14 19. Upon the written request of an employee, to
15 withhold from the compensation of that employee any dues,
16 payments, or contributions payable by such employee to any
17 labor organization as defined in the Illinois Educational
18 Labor Relations Act. Under such arrangement, an amount
19 shall be withheld from each regular payroll period which
20 is equal to the pro rata share of the annual dues plus any
21 payments or contributions, and the board shall transmit
22 such withholdings to the specified labor organization
23 within 10 working days from the time of the withholding;
24 19a. Upon receipt of notice from the comptroller of a
25 municipality with a population of 500,000 or more, a
26 county with a population of 3,000,000 or more, the Cook

10300HB3817sam002- 571 -LRB103 30519 JDS 62533 a
1 County Forest Preserve District, the Chicago Park
2 District, the Metropolitan Water Reclamation District, the
3 Chicago Transit Authority, or a housing authority of a
4 municipality with a population of 500,000 or more that a
5 debt is due and owing the municipality, the county, the
6 Cook County Forest Preserve District, the Chicago Park
7 District, the Metropolitan Water Reclamation District, the
8 Chicago Transit Authority, or the housing authority by an
9 employee of the Chicago Board of Education, to withhold,
10 from the compensation of that employee, the amount of the
11 debt that is due and owing and pay the amount withheld to
12 the municipality, the county, the Cook County Forest
13 Preserve District, the Chicago Park District, the
14 Metropolitan Water Reclamation District, the Chicago
15 Transit Authority, or the housing authority; provided,
16 however, that the amount deducted from any one salary or
17 wage payment shall not exceed 25% of the net amount of the
18 payment. Before the Board deducts any amount from any
19 salary or wage of an employee under this paragraph, the
20 municipality, the county, the Cook County Forest Preserve
21 District, the Chicago Park District, the Metropolitan
22 Water Reclamation District, the Chicago Transit Authority,
23 or the housing authority shall certify that (i) the
24 employee has been afforded an opportunity for a hearing to
25 dispute the debt that is due and owing the municipality,
26 the county, the Cook County Forest Preserve District, the

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1 Chicago Park District, the Metropolitan Water Reclamation
2 District, the Chicago Transit Authority, or the housing
3 authority and (ii) the employee has received notice of a
4 wage deduction order and has been afforded an opportunity
5 for a hearing to object to the order. For purposes of this
6 paragraph, "net amount" means that part of the salary or
7 wage payment remaining after the deduction of any amounts
8 required by law to be deducted and "debt due and owing"
9 means (i) a specified sum of money owed to the
10 municipality, the county, the Cook County Forest Preserve
11 District, the Chicago Park District, the Metropolitan
12 Water Reclamation District, the Chicago Transit Authority,
13 or the housing authority for services, work, or goods,
14 after the period granted for payment has expired, or (ii)
15 a specified sum of money owed to the municipality, the
16 county, the Cook County Forest Preserve District, the
17 Chicago Park District, the Metropolitan Water Reclamation
18 District, the Chicago Transit Authority, or the housing
19 authority pursuant to a court order or order of an
20 administrative hearing officer after the exhaustion of, or
21 the failure to exhaust, judicial review;
22 20. The board is encouraged to employ a sufficient
23 number of licensed school counselors to maintain a
24 student/counselor ratio of 250 to 1. Each counselor shall
25 spend at least 75% of his work time in direct contact with
26 students and shall maintain a record of such time;

10300HB3817sam002- 573 -LRB103 30519 JDS 62533 a
1 21. To make available to students vocational and
2 career counseling and to establish 5 special career
3 counseling days for students and parents. On these days
4 representatives of local businesses and industries shall
5 be invited to the school campus and shall inform students
6 of career opportunities available to them in the various
7 businesses and industries. Special consideration shall be
8 given to counseling minority students as to career
9 opportunities available to them in various fields. For the
10 purposes of this paragraph, minority student means a
11 person who is any of the following:
12 (a) American Indian or Alaska Native (a person having
13 origins in any of the original peoples of North and South
14 America, including Central America, and who maintains
15 tribal affiliation or community attachment).
16 (b) Asian (a person having origins in any of the
17 original peoples of the Far East, Southeast Asia, or the
18 Indian subcontinent, including, but not limited to,
19 Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
20 the Philippine Islands, Thailand, and Vietnam).
21 (c) Black or African American (a person having origins
22 in any of the black racial groups of Africa).
23 (d) Hispanic or Latino (a person of Cuban, Mexican,
24 Puerto Rican, South or Central American, or other Spanish
25 culture or origin, regardless of race).
26 (e) Native Hawaiian or Other Pacific Islander (a

10300HB3817sam002- 574 -LRB103 30519 JDS 62533 a
1 person having origins in any of the original peoples of
2 Hawaii, Guam, Samoa, or other Pacific Islands).
3 Counseling days shall not be in lieu of regular school
4 days;
5 22. To report to the State Board of Education the
6 annual student dropout rate and number of students who
7 graduate from, transfer from, or otherwise leave bilingual
8 programs;
9 23. Except as otherwise provided in the Abused and
10 Neglected Child Reporting Act or other applicable State or
11 federal law, to permit school officials to withhold, from
12 any person, information on the whereabouts of any child
13 removed from school premises when the child has been taken
14 into protective custody as a victim of suspected child
15 abuse. School officials shall direct such person to the
16 Department of Children and Family Services or to the local
17 law enforcement agency, if appropriate;
18 24. To develop a policy, based on the current state of
19 existing school facilities, projected enrollment, and
20 efficient utilization of available resources, for capital
21 improvement of schools and school buildings within the
22 district, addressing in that policy both the relative
23 priority for major repairs, renovations, and additions to
24 school facilities and the advisability or necessity of
25 building new school facilities or closing existing schools
26 to meet current or projected demographic patterns within

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1 the district;
2 25. To make available to the students in every high
3 school attendance center the ability to take all courses
4 necessary to comply with the Board of Higher Education's
5 college entrance criteria effective in 1993;
6 26. To encourage mid-career changes into the teaching
7 profession, whereby qualified professionals become
8 licensed teachers, by allowing credit for professional
9 employment in related fields when determining point of
10 entry on the teacher pay scale;
11 27. To provide or contract out training programs for
12 administrative personnel and principals with revised or
13 expanded duties pursuant to this Code in order to ensure
14 they have the knowledge and skills to perform their
15 duties;
16 28. To establish a fund for the prioritized special
17 needs programs, and to allocate such funds and other lump
18 sum amounts to each attendance center in a manner
19 consistent with the provisions of part 4 of Section
20 34-2.3. Nothing in this paragraph shall be construed to
21 require any additional appropriations of State funds for
22 this purpose;
23 29. (Blank);
24 30. Notwithstanding any other provision of this Act or
25 any other law to the contrary, to contract with third
26 parties for services otherwise performed by employees,

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1 including those in a bargaining unit, and to layoff those
2 employees upon 14 days written notice to the affected
3 employees. Those contracts may be for a period not to
4 exceed 5 years and may be awarded on a system-wide basis.
5 The board may not operate more than 30 contract schools,
6 provided that the board may operate an additional 5
7 contract turnaround schools pursuant to item (5.5) of
8 subsection (d) of Section 34-8.3 of this Code, and the
9 governing bodies of contract schools are subject to the
10 Freedom of Information Act and Open Meetings Act;
11 31. To promulgate rules establishing procedures
12 governing the layoff or reduction in force of employees
13 and the recall of such employees, including, but not
14 limited to, criteria for such layoffs, reductions in force
15 or recall rights of such employees and the weight to be
16 given to any particular criterion. Such criteria shall
17 take into account factors, including, but not limited to,
18 qualifications, certifications, experience, performance
19 ratings or evaluations, and any other factors relating to
20 an employee's job performance;
21 32. To develop a policy to prevent nepotism in the
22 hiring of personnel or the selection of contractors;
23 33. (Blank); and
24 34. To establish a Labor Management Council to the
25 board comprised of representatives of the board, the chief
26 executive officer, and those labor organizations that are

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1 the exclusive representatives of employees of the board
2 and to promulgate policies and procedures for the
3 operation of the Council.
4 The specifications of the powers herein granted are not to
5be construed as exclusive, but the board shall also exercise
6all other powers that may be requisite or proper for the
7maintenance and the development of a public school system, not
8inconsistent with the other provisions of this Article or
9provisions of this Code which apply to all school districts.
10 In addition to the powers herein granted and authorized to
11be exercised by the board, it shall be the duty of the board to
12review or to direct independent reviews of special education
13expenditures and services. The board shall file a report of
14such review with the General Assembly on or before May 1, 1990.
15(Source: P.A. 101-12, eff. 7-1-19; 101-88, eff. 1-1-20;
16102-465, eff. 1-1-22; 102-558, eff. 8-20-21; 102-894, eff.
175-20-22.)
18 (105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3)
19 Sec. 34-21.3. Contracts. The board shall by record vote
20let all contracts (other than those excepted by Section
2110-20.21 of this The School Code) for supplies, materials, or
22work, and contracts with private carriers for transportation
23of pupils, involving an expenditure in excess of $35,000
24$25,000 or a lower amount as required by board policy by
25competitive bidding as provided in Section 10-20.21 of this

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1The School Code.
2 The board may delegate to the general superintendent of
3schools, by resolution, the authority to approve contracts in
4amounts of $35,000 $25,000 or less.
5 For a period of one year from and after the expiration or
6other termination of his or her term of office as a member of
7the board: (i) the former board member shall not be eligible
8for employment nor be employed by the board, a local school
9council, an attendance center, or any other subdivision or
10agent of the board or the school district governed by the
11board, and (ii) neither the board nor the chief purchasing
12officer shall let or delegate authority to let any contract
13for services, employment, or other work to the former board
14member or to any corporation, partnership, association, sole
15proprietorship, or other entity other than publicly traded
16companies from which the former board member receives an
17annual income, dividends, or other compensation in excess of
18$1,500. Any contract that is entered into by or under a
19delegation of authority from the board or the chief purchasing
20officer shall contain a provision stating that the contract is
21not legally binding on the board if entered into in violation
22of the provisions of this paragraph.
23 In addition, the State Board of Education, in consultation
24with the board, shall (i) review existing conflict of interest
25and disclosure laws or regulations that are applicable to the
26executive officers and governing boards of school districts

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1organized under this Article and school districts generally,
2(ii) determine what additional disclosure and conflict of
3interest provisions would enhance the reputation and fiscal
4integrity of the board and the procedure under which contracts
5for goods and services are let, and (iii) develop appropriate
6reporting forms and procedures applicable to the executive
7officers, governing board, and other officials of the school
8district.
9(Source: P.A. 95-990, eff. 10-3-08.)
10
ARTICLE 85.
11 Section 85-5. The Election Code is amended by changing
12Section 13-10 as follows:
13 (10 ILCS 5/13-10) (from Ch. 46, par. 13-10)
14 Sec. 13-10. The compensation of the judges of all
15primaries and all elections, except judges supervising vote by
16mail ballots as provided in Section 19-12.2 of this Act, in
17counties of less than 600,000 inhabitants shall be fixed by
18the respective county boards or boards of election
19commissioners in all counties and municipalities, but in no
20case shall such compensation be less than $35 per day. The
21compensation of judges of all primaries and all elections not
22under the jurisdiction of the county clerk, except judges
23supervising vote by mail balloting as provided in Section

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119-12.2 of this Act, in counties having a population of
22,000,000 or more shall be not less than $60 per day. The
3compensation of judges of all primaries and all elections
4under the jurisdiction of the county clerk, except judges
5supervising vote by mail balloting as provided in Section
619-12.2 of this Act, in counties having a population of
72,000,000 or more shall be not less than $60 per day. The
8compensation of judges of all primaries and all elections,
9except judges supervising vote by mail ballots as provided in
10Section 19-12.2 of this Act, in counties having a population
11of at least 600,000 but less than 2,000,000 inhabitants shall
12be not less than $45 per day as fixed by the county board of
13election commissioners of each such county. In addition to
14their per day compensation and notwithstanding the limitations
15thereon stated herein, the judges of election, in all counties
16with a population of less than 600,000, shall be paid $3 each
17for each 100 voters or portion thereof, in excess of 200 voters
18voting for candidates in the election district or precinct
19wherein the judge is serving, whether a primary or an election
20is being held. However, no such extra compensation shall be
21paid to the judges of election in any precinct in which no
22paper ballots are counted by such judges of election. The 2
23judges of election in counties having a population of less
24than 600,000 who deliver the returns to the county clerk shall
25each be allowed and paid a sum to be determined by the election
26authority for such services and an additional sum per mile to

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1be determined by the election authority for every mile
2necessarily travelled in going to and returning from the
3office or place to which they deliver the returns. The
4compensation for mileage shall be consistent with current
5rates paid for mileage to employees of the county.
6 However, all judges who have been certified by the County
7Clerk or Board of Election Commissioners as having
8satisfactorily completed, within the 2 years preceding the day
9of election, the training course for judges of election, as
10provided in Sections 13-2.1, 13-2.2 and 14-4.1 of this Act,
11shall receive additional compensation of not less than $10 per
12day in counties of less than 600,000 inhabitants, the
13additional compensation of not less than $10 per day in
14counties having a population of at least 600,000 but less than
152,000,000 inhabitants as fixed by the county board of election
16commissioners of each such county, and additional compensation
17of not less than $20 per day in counties having a population of
182,000,000 or more for primaries and elections not under the
19jurisdiction of the county clerk, and additional compensation
20of not less than $20 per day in counties having a population of
212,000,000 or more for primaries and elections under the
22jurisdiction of the county clerk.
23 In precincts in which there are tally judges, the
24compensation of the tally judges shall be 2/3 of that of the
25judges of election and each holdover judge shall be paid the
26compensation of a judge of election plus that of a tally judge.

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1 Beginning on the effective date of this amendatory Act of
21998, the portion of an election judge's daily compensation
3reimbursed by the State Board of Elections is increased by
4$15. The increase provided by this amendatory Act of 1998 must
5be used to increase each judge's compensation and may not be
6used by the county to reduce its portion of a judge's
7compensation.
8 Beginning on the effective date of this amendatory Act of
9the 95th General Assembly, the portion of an election judge's
10daily compensation reimbursement by the State Board of
11Elections is increased by an additional $20. The increase
12provided by this amendatory Act of the 95th General Assembly
13must be used to increase each judge's compensation and may not
14be used by the election authority or election jurisdiction to
15reduce its portion of a judge's compensation.
16 Beginning on the effective date of this amendatory Act of
17the 103rd General Assembly, the portion of an election judge's
18daily compensation reimbursement by the State Board of
19Elections is increased by an additional $20. The increase
20provided by this amendatory Act of the 103rd General Assembly
21must be used to increase each judge's compensation and may not
22be used by the election authority or election jurisdiction to
23reduce its portion of a judge's compensation.
24(Source: P.A. 98-1171, eff. 6-1-15.)
25
ARTICLE 90.

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1 Section 90-5. The Reimagine Public Safety Act is amended
2by changing Sections 35-10, 35-15, 35-25, 35-30, 35-35, 35-40
3and 35-50 as follows:
4 (430 ILCS 69/35-10)
5 Sec. 35-10. Definitions. As used in this Act:
6 "Approved technical assistance and training provider"
7means an organization that has experience in improving the
8outcomes of local community-based organizations by providing
9supportive services that address the gaps in their resources
10and knowledge about content-based work or provide support and
11knowledge about the administration and management of
12organizations, or both. Approved technical assistance and
13training providers as defined in this Act are intended to
14assist community organizations with evaluating the need for
15evidence-based violence prevention services, promising
16violence prevention programs, starting up programming, and
17strengthening the quality of existing programming.
18 "Community" or "communities" means, for municipalities
19with a 1,000,000 or more population in Illinois, the 77
20designated neighborhood areas defined by the University of
21Chicago Social Science Research Committee as amended in 1980.
22 "Concentrated firearm violence" means the 10 most violent
23communities in Illinois municipalities with 1,000,000 or more
24residents and the 10 most violent municipalities with less

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1than 1,000,000 residents and greater than 35,000 residents
2with the most per capita fatal and nonfatal firearm-shot
3victims, excluding self-inflicted incidents, from January 1,
42016 through December 31, 2020.
5 "Credible messenger" means an individual who has been
6arrested, indicted, convicted, adjudicated delinquent, or
7otherwise detained by criminal or juvenile justice authorities
8for violation of State criminal law and has successfully
9reached the end of the individual's sentence or the final
10termination of the individual's term of commitment and has
11relationships in a specific community that can promote
12conflict resolution and healing.
13 "Criminal and juvenile justice-involved" means an
14individual who has been arrested, indicted, convicted,
15adjudicated delinquent, or otherwise detained by criminal or
16juvenile justice authorities for violation of Illinois
17criminal laws.
18 "Evidence-based high-risk youth intervention services"
19means programs that have been proven to reduce involvement in
20the criminal or juvenile justice system, increase school
21attendance, and includes referrals of high-risk teens into
22therapeutic programs that address trauma recovery and other
23mental health improvements based on best practices in the
24youth intervention services field.
25 "Evidence-based violence prevention services" means
26coordinated programming and services that may include, but are

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1not limited to, effective emotional or trauma related
2therapies, housing, employment training, job placement, family
3engagement, or wrap-around support services that have been
4proven effective or are considered to be best practice for
5reducing violence within the field of violence intervention
6research and practice.
7 "Evidence-based youth development programs" means
8after-school and summer programming that provides services to
9teens to increase their school attendance, school performance,
10reduce involvement in the criminal justice system, and develop
11nonacademic interests that build social emotional persistence
12and intelligence based on best practices in the field of youth
13development services for high-risk youth.
14 "Options school" means a secondary school where 75% or
15more of attending students have either stopped attending or
16failed their secondary school courses since first attending
17ninth grade.
18 "Violence prevention organization" means an organization
19that manages and employs qualified violence prevention
20professionals.
21 "Violence prevention professional" means a community
22health worker who renders violence preventive services.
23 "Social organization" means an organization of individuals
24who form the organization for the purposes of enjoyment, work,
25and other mutual interests.
26(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21;

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1102-687, eff. 12-17-21.)
2 (430 ILCS 69/35-15)
3 Sec. 35-15. Findings. The Illinois General Assembly finds
4that:
5 (1) Discrete neighborhoods in municipalities across
6 Illinois are experiencing concentrated and perpetual
7 firearm violence that is a public health epidemic.
8 (2) Within neighborhoods experiencing this firearm
9 violence epidemic, violence is concentrated among teens
10 and young adults that have chronic exposure to the risk of
11 violence and criminal legal system involvement and related
12 trauma in small geographic areas where these young people
13 live or congregate.
14 (3) Firearm violence victimization and perpetration is
15 highly concentrated in particular neighborhoods,
16 particular blocks within these neighborhoods, and among a
17 small number of individuals living in these areas.
18 (4) People who are chronically exposed to the risk of
19 firearm violence victimization are substantially more
20 likely to be violently injured or violently injure another
21 person. People who have been violently injured are
22 substantially more likely to be violently reinjured.
23 Chronic exposure to violence additionally leads
24 individuals to engage in behavior, as part of a cycle of
25 community violence, trauma, and retaliation that

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1 substantially increases their own risk of violent injury
2 or reinjury.
3 (5) Evidence-based programs that engage individuals at
4 the highest risk of firearm violence and provide life
5 stabilization, case management, and culturally competent
6 group and individual therapy reduce firearm violence
7 victimization and perpetration and can end Illinois'
8 firearm violence epidemic.
9 (6) A public health approach to ending Illinois'
10 firearm violence epidemic requires targeted, integrated
11 behavioral health services and economic opportunity that
12 promotes self-sufficiency for victims of firearm violence
13 and those with chronic exposure to the risk of firearm
14 violence victimization, including, but not limited to,
15 services for criminal and juvenile justice-involved
16 populations and crisis response services, such as
17 psychological first aid.
18 (7) A public health approach to ending Illinois'
19 firearm violence epidemic further requires broader
20 preventive investments in the census tracts and blocks
21 that reduce risk factors for youth and families living in
22 areas at the highest risk of firearm violence
23 victimization.
24 (8) A public health approach to ending Illinois'
25 firearm violence epidemic requires empowering residents
26 and community-based organizations within impacted

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1 neighborhoods to provide culturally competent care based
2 on lived experience in these areas and long-term
3 relationships of mutual interest that promote safety and
4 stability.
5 (9) A public health approach to ending Illinois'
6 firearm violence epidemic further requires that preventive
7 youth development services for youth in these
8 neighborhoods be fully integrated with a team-based model
9 of mental health care to address trauma recovery for those
10 young people at the highest risk of firearm violence
11 victimization.
12 (10) Community revitalization can be an effective
13 violence prevention strategy, provided that revitalization
14 is targeted to the highest risk geographies within
15 communities and revitalization efforts are designed and
16 led by individuals living and working in the impacted
17 communities.
18(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.)
19 (430 ILCS 69/35-25)
20 Sec. 35-25. Integrated violence prevention and other
21services.
22 (a) Subject to appropriation, for municipalities with
231,000,000 or more residents, the Office of Firearm Violence
24Prevention shall make grants to violence prevention
25organizations for evidence-based violence prevention services.

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1Approved technical assistance and training providers shall
2create learning communities for the exchange of information
3between community-based organizations in the same or similar
4fields. Firearm violence prevention organizations shall
5prioritize individuals at the highest risk of firearm violence
6victimization and provide these individuals with
7evidence-based comprehensive services that reduce their
8exposure to chronic firearm violence.
9 (a-5) Grants may be awarded under this Act to Reimagine
10Public Safety grantees or their subgrantees to provide any one
11or more of the following services to Reimagine Public Safety
12program participants or credible messengers:
13 (1) Behavioral health services, including clinical
14 interventions, crisis interventions, and group counseling
15 supports, such as peer support groups, social-emotional
16 learning supports, including skill building for anger
17 management, de-escalation, sensory stabilization, coping
18 strategies, and thoughtful decision-making, short-term
19 clinical individual sessions, psycho-social assessments,
20 and motivational interviewing.
21 (A) Funds awarded under this paragraph may be used
22 for behavioral health services until July 1, 2024.
23 (B) Any community violence prevention service
24 provider being reimbursed from funds awarded under
25 this paragraph for behavioral health services must
26 also file a plan to become Medicaid certified for

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1 violence prevention-community support team services
2 under the Illinois Medicaid program on or before July
3 1, 2024.
4 (2) Capacity-building services, including
5 administrative and programmatic support, services, and
6 resources, such as subcontract development, budget
7 development, grant monitoring and reporting, and fiscal
8 sponsorship. Capacity-building services financed with
9 grants awarded under this Act may also include intensive
10 training and technical assistance focused on Community
11 Violence Intervention (CVI) not-for-profit business
12 operations, best practice delivery of firearm violence
13 prevention services, and assistance with administering and
14 meeting fiscal reporting or auditing requirements.
15 Capacity-building services financed with grants awarded
16 under this Act must be directed to a current or potential
17 Reimagine Public Safety firearm violence prevention
18 provider and cannot exceed 20% of potential funds awarded
19 to the relevant provider or future provider.
20 (3) Legal aid services, including funding for staff
21 attorneys and paralegals to provide education, training,
22 legal services, and advocacy for program recipients. Legal
23 aid services that may be provided with grant funds awarded
24 under this Act include "Know Your Rights" clinics,
25 trainings targeting returning citizens and families
26 impacted by incarceration, and long-term legal efforts

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1 addressing expungement, civil rights, family law, housing,
2 employment, and victim rights. Legal aid services provided
3 with grant funds awarded under this Act shall not be
4 directed toward criminal justice issues.
5 (4) Housing services, including grants for emergency
6 and temporary housing for individuals at immediate risk of
7 firearm violence, except that grant funding provided under
8 this paragraph must be directed only toward Reimagine
9 Public Safety program participants.
10 (5) Workforce development services, including grants
11 for job coaching, intensive case management, employment
12 training and placement, and retention services, including
13 the provision of transitional job placements and access to
14 basic certificate training for industry-specific jobs.
15 Training also includes the provision of education-related
16 content, such as financial literacy training, GED
17 preparation, and academic coaching.
18 (6) Re-entry services for individuals exiting the
19 State or county criminal justice systems, if those
20 individuals are either eligible for services under this
21 Act as participants or are individuals who can make an
22 immediate contribution to mediate neighborhood conflicts
23 if they receive stabilizing services. Re-entry services
24 financed with grants awarded under this Act include all
25 services authorized under this Act, including services
26 listed in this subsection.

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1 (7) Victim services, including assessments and
2 screening of victim needs, planning sessions related to
3 assessments, service planning and goal setting, assessing
4 intervention needs, notifying and navigating participants
5 through public agency processes for victim compensation,
6 crisis intervention, emergency financial assistance,
7 transportation, medical care, stable housing, and shelter,
8 assessment and linkage to public benefits, and relocation
9 services.
10 (b) In the geographic areas they serve, violence Violence
11prevention organizations shall develop the following expertise
12in the geographic areas that they cover:
13 (1) Analyzing and leveraging data to identify the
14 individuals who will most benefit from evidence-based
15 violence prevention services in their geographic areas.
16 (2) Identifying the conflicts that are responsible for
17 recurring violence.
18 (3) Having relationships with individuals who are most
19 able to reduce conflicts.
20 (4) Addressing the stabilization and trauma recovery
21 needs of individuals impacted by violence by providing
22 direct services for their unmet needs or referring them to
23 other qualified service providers.
24 (5) Having and building relationships with community
25 members and community organizations that provide
26 evidence-based violence prevention services and get

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1 referrals of people who will most benefit from
2 evidence-based violence prevention services in their
3 geographic areas.
4 (6) Providing training and technical assistance to
5 local law enforcement agencies to improve their
6 effectiveness without having any role, requirement, or
7 mandate to participate in the policing, enforcement, or
8 prosecution of any crime.
9 (c) Violence prevention organizations receiving grants
10under this Act shall coordinate services with other violence
11prevention organizations in their area.
12 (d) The Office of Firearm Violence Prevention shall
13identify, for each separate eligible service area under this
14Act, an experienced violence prevention organization to serve
15as the Lead Violence Prevention Convener for that area and
16provide each Lead Violence Prevention Convener with a grant of
17up to $100,000 to these organizations to coordinate monthly
18meetings between violence prevention organizations and youth
19development organizations under this Act. The Lead Violence
20Prevention Convener may also receive, from the Office of
21Firearm Violence Prevention, technical assistance or training
22through approved providers when needs are jointly identified.
23The Lead Violence Prevention Convener shall:
24 (1) provide the convened organizations with summary
25 notes recommendations made at the monthly meetings to
26 improve the effectiveness of evidence-based violence

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1 prevention services based on review of timely data on
2 shootings and homicides in his or her relevant
3 neighborhood;
4 (2) attend monthly meetings where the cause of
5 violence and other neighborhood disputes is discussed and
6 strategize on how to resolve ongoing conflicts and execute
7 on agreed plans;
8 (3) (blank);
9 (4) on behalf of the convened organizations, make
10 consensus recommendations to the Office of Firearm
11 Violence Prevention and local law enforcement on how to
12 reduce violent conflict in his or her neighborhood;
13 (5) meet on an emergency basis when conflicts that
14 need immediate attention and resolution arise;
15 (6) share knowledge and strategies of the community
16 violence dynamic in monthly meetings with local youth
17 development specialists receiving grants under this Act;
18 (7) select when and where needed an approved Office of
19 Violence Prevention-funded technical assistance and
20 training service provider to receive agreed upon services;
21 and
22 (8) after meeting with community residents and other
23 community organizations that have expertise in housing,
24 mental health, economic development, education, and social
25 services, make recommendations to the Office of Firearm
26 Violence Prevention on how to target community

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1 revitalization resources available from federal and State
2 funding sources.
3 The Office of Firearm Violence Prevention shall compile
4recommendations from all Lead Violence Prevention Conveners
5and report to the General Assembly bi-annually on these
6funding recommendations. The Lead Violence Prevention Convener
7may also serve as a violence prevention or youth development
8provider.
9 (e) The Illinois Office of Firearm Violence Prevention
10shall select, when possible and appropriate, no fewer than 2
11and no more than 3 approved technical assistance and training
12providers to deliver technical assistance and training to the
13violence prevention organizations that request to receive
14approved technical assistance and training. Violence
15prevention organizations shall have the opportunity complete
16authority to select among the approved technical assistance
17services providers funded by the Office of Firearm Violence
18Prevention, as long as the technical assistance provider has
19the capacity to effectively serve the grantees that have
20selected them. The Department shall make best efforts to
21accommodate second choices of violence prevention
22organizations when the violence prevention organizations'
23first choice does not have capacity to provide technical
24assistance.
25 (f) Approved technical assistance and training providers
26may:

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1 (1) provide training and certification to violence
2 prevention professionals on how to perform violence
3 prevention services and other professional development to
4 violence prevention professionals.
5 (2) provide management training on how to manage
6 violence prevention professionals;
7 (3) provide training and assistance on how to develop
8 memorandum of understanding for referral services or
9 create approved provider lists for these referral
10 services, or both;
11 (4) share lessons learned among violence prevention
12 professionals and service providers in their network; and
13 (5) provide technical assistance and training on human
14 resources, grants management, capacity building, and
15 fiscal management strategies.
16 (g) Approved technical assistance and training providers
17shall:
18 (1) provide additional services identified as
19 necessary by the Office of Firearm Violence Prevention and
20 service providers in their network; and
21 (2) receive a base grant of up to $250,000 plus
22 negotiated service rates to provide group and
23 individualized services to participating violence
24 prevention organizations.
25 (h) (Blank).
26 (i) The Office of Firearm Violence Prevention shall issue

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1grants, when possible and appropriate, to no fewer than 2
2violence prevention organizations in each of the eligible
3service areas and no more than 6 organizations. When possible,
4the Office of Firearm Violence Prevention shall work, subject
5to eligible applications received, to ensure that grant
6resources are equitably distributed across eligible service
7areas grants shall be for no less than $300,000 per violence
8prevention organization. The Office of Firearm Violence
9Prevention may establish grant award ranges to ensure grants
10will have the potential to reduce violence in each
11neighborhood.
12 (j) No violence prevention organization can serve more
13than 3 eligible service areas unless the Office of Firearm
14Violence Prevention is unable to identify violence prevention
15organizations to provide adequate coverage.
16 (k) No approved technical assistance and training provider
17shall provide evidence-based violence prevention services in
18an eligible service area under this Act unless the Office of
19Firearm Violence Prevention is unable to identify qualified
20violence prevention organizations to provide adequate
21coverage.
22(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.)
23 (430 ILCS 69/35-30)
24 Sec. 35-30. Integrated youth services.
25 (a) Subject to appropriation, for municipalities with

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11,000,000 or more residents, the Office of Firearm Violence
2Prevention shall make grants to youth development
3organizations for evidence-based youth programming, including,
4but not limited to, after-school and summer programming.
5Evidence-based youth development programs shall provide
6services to teens that increase their school attendance, and
7school performance and to teens or young adults that , reduce
8involvement in the criminal and juvenile justice systems,
9develop employment and life skills, and develop nonacademic
10interests that build social emotional persistence and
11intelligence.
12 (b) The Office of Firearm Violence Prevention shall
13identify municipal blocks where more than 35% of all fatal and
14nonfatal firearm-shot incidents take place and focus youth
15development service grants to residents of these identified
16blocks in the designated eligible service areas. The
17Department of Human Services shall prioritize funding to youth
18development service programs that serve the following teens
19before expanding services to the broader community:
20 (1) criminal and juvenile justice-involved youth;
21 (2) students who are attending or have attended option
22 schools;
23 (3) family members of individuals working with
24 violence prevention organizations; and
25 (4) youth living on the blocks where more than 35% of
26 the violence takes place in a neighborhood.

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1 (c) Each program participant enrolled in a youth
2development program under this Act, when possible and
3appropriate, shall receive an individualized needs assessment
4to determine if the participant requires intensive youth
5services as provided for in Section 35-35 of this Act. The
6needs assessment should be the best available instrument that
7considers the physical and mental condition of each youth
8based on the youth's family ties, financial resources, past
9substance use, criminal justice involvement, and trauma
10related to chronic exposure to firearm violence behavioral
11health assessment to determine the participant's broader
12support and mental health needs. The Office of Firearm
13Violence Prevention shall determine best practices for
14referring program participants who are at the highest risk of
15violence and justice involvement to be referred to a high-risk
16youth intervention program established in Section 35-35.
17 (d) Youth development prevention program participants
18shall receive services designed to empower participants with
19the social and emotional skills necessary to forge paths of
20healthy development and disengagement from high-risk
21behaviors. Within the context of engaging social, physical,
22and personal development activities, participants should build
23resilience and the skills associated with healthy social,
24emotional, and identity development.
25 (e) Youth development providers shall develop the
26following expertise in the geographic areas they cover:

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1 (1) Knowledge of the teens and their social
2 organization in the blocks they are designated to serve.
3 (2) Youth development organizations receiving grants
4 under this Act shall be required to coordinate services
5 with other youth development organizations in their
6 neighborhood by sharing lessons learned in monthly
7 meetings.
8 (3) (Blank).
9 (4) Meeting on an emergency basis when conflicts
10 related to program participants that need immediate
11 attention and resolution arise.
12 (5) Sharing knowledge and strategies of the
13 neighborhood violence dynamic in monthly meetings with
14 local violence prevention organizations receiving grants
15 under this Act.
16 (6) Selecting an approved technical assistance and
17 training service provider to receive agreed upon services.
18 (f) The Illinois Office of Firearm Violence Prevention
19shall select, when possible and appropriate, no fewer than 2
20and no more than 3 approved technical assistance and training
21providers to deliver technical assistance and training to the
22youth development organizations that request to receive
23approved technical assistance and training. Youth development
24organizations must use an approved technical assistance and
25training provider and can choose among approved technical
26assistance providers as long as the technical assistance

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1provider has the capacity to effectively serve the youth
2development organizations that have selected them. The
3Department shall make best efforts to accommodate second
4choices of youth development organizations when the youth
5development organization's violence prevention first choice
6does not have capacity to provide technical assistance but
7have complete authority to select among the approved technical
8assistance services providers funded by the Office of Firearm
9Violence Prevention.
10 (g) Approved technical assistance and training providers
11may:
12 (1) provide training to youth development workers on
13 how to perform outreach services;
14 (2) provide management training on how to manage youth
15 development workers;
16 (3) provide training and assistance on how to develop
17 memorandum of understanding for referral services or
18 create approved provider lists for these referral
19 services, or both;
20 (4) share lessons learned among youth development
21 service providers in their network; and
22 (5) provide technical assistance and training on human
23 resources, grants management, capacity building, and
24 fiscal management strategies.
25 (h) Approved technical assistance and training providers
26shall:

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

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1under this Act.
2(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.)
3 (430 ILCS 69/35-35)
4 Sec. 35-35. Intensive youth intervention services.
5 (a) Subject to appropriation, for municipalities with
61,000,000 or more residents, the Office of Firearm Violence
7Prevention shall issue grants to high-risk youth intervention
8organizations for evidence-based intervention services that
9reduce involvement in the criminal and juvenile justice
10system, increase school attendance, and refer high-risk teens
11into therapeutic programs that address trauma recovery and
12other mental health improvements. Each program participant
13enrolled in a high-risk youth intervention program under this
14Act shall receive a nationally recognized comprehensive mental
15health assessment delivered by a qualified mental health
16professional certified to provide services to Medicaid
17recipients.
18 (b) High-risk youth intervention program participants
19shall receive needed services as determined by the
20individualized assessment which may include, but is not
21limited to:
22 (1) receive group-based emotional regulation therapy
23 that helps them control their emotions and understand how
24 trauma and stress impacts their thinking and behavior; and
25 (2) have youth advocates that accompany them to their

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1 group therapy sessions, assist them with issues that
2 prevent them from attending school, and address life
3 skills development activities through weekly coaching.
4 (b-5) High-risk youth intervention service organizations
5shall have trained clinical staff managing the youth advocate
6interface with program participants.
7 (c) Youth development service organizations and providers
8of evidence-based violence prevention services shall be
9assigned to the youth intervention service providers for
10referrals by the Office of Firearm Violence Prevention.
11 (d) The youth receiving intervention services who are
12evaluated to need trauma recovery and other behavioral health
13interventions and who have the greatest risk of firearm
14violence victimization shall be referred to the family systems
15intervention services established in Section 35-55.
16 (e) The Office of Firearm Violence Prevention shall issue
17high-risk youth intervention grants, when possible and
18appropriate, to no less than 2 youth intervention
19organizations and no more than 4 organizations in
20municipalities with 1,000,000 or more residents.
21 (f) No high-risk youth intervention organization can serve
22more than 13 eligible service areas.
23 (g) The approved technical assistance and training
24providers for youth development programs provided in
25subsection (d) of Section 35-30 shall also provide technical
26assistance and training to the affiliated high-risk youth

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1intervention service providers.
2 (h) (Blank).
3(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.)
4 (430 ILCS 69/35-40)
5 Sec. 35-40. Services for municipalities with less than
61,000,000 residents.
7 (a) The Office of Firearm Violence Prevention shall
8identify the 10 municipalities or geographically contiguous
9areas in Illinois with less than 1,000,000 residents and more
10than 35,000 residents that have the largest concentration of
11fatal and nonfatal firearm-shot victims over the 5-year period
12considered for eligibility. These areas shall qualify for
13grants under this Act. The Office of Firearm Violence
14Prevention may identify up to 5 additional municipalities or
15geographically contiguous areas with less than 1,000,000
16residents that would benefit from evidence-based violence
17prevention services. In identifying the additional
18municipalities that qualify for funding under Section 35-40,
19the Office of Firearm Violence Prevention shall consider the
20following factors when possible:
21 (1) the total number of fatal and nonfatal firearms
22 victims, excluding self-inflicted incidents, in a
23 potential municipality over the 5-year period considered
24 for eligibility;
25 (2) the per capita rate of fatal and nonfatal firearms

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

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1 (4) two residents of the subsection of each area with
2 the most concentrated firearm violence incidents; and
3 (5) additional members as determined by the individual
4 local advisory council.
5 (d) The Office of Firearm Violence Prevention shall
6provide data to each local council on the characteristics of
7firearm violence in the designated area and other relevant
8information on the physical and demographic characteristics of
9the designated area. The Office of Firearm Violence Prevention
10shall also provide best available evidence on how to address
11the social determinants of health in the designated area in
12order to reduce firearm violence.
13 (e) Each local advisory council shall make recommendations
14on how to allocate distributed resources for its area based on
15information provided to them by the Office of Firearm Violence
16Prevention, local law enforcement data, and other locally
17available data.
18 (f) The Office of Firearm Violence Prevention shall
19consider the recommendations and determine how to distribute
20funds through grants to community-based organizations and
21local governments. To the extent the Office of Firearm
22Violence Prevention does not follow a local advisory council's
23recommendation on allocation of funds, the Office of Firearm
24Violence Prevention shall explain in writing why a different
25allocation of resources is more likely to reduce firearm
26violence in the designated area.

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1 (g) Subject to appropriation, the Department of Human
2Services and the Office of Firearm Violence Prevention shall
3issue grants to local governmental agencies or community-based
4organizations, or both, to maximize firearm violence reduction
5each year. When possible, initial grants shall be named no
6later than April 1, 2022 and renewed or competitively bid as
7appropriate in subsequent fiscal years.
8 (h) Each local advisory council is terminated upon making
9the recommendations required of it under this Section.
10(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.)
11 (430 ILCS 69/35-50)
12 Sec. 35-50. Medicaid trauma recovery services for adults.
13 (a) The On or before January 15, 2022, the Department of
14Healthcare and Family Services shall design, subject to seek
15approval from the United States Department of Health and Human
16Services, and subject to federal approval and State
17appropriations for this purpose, implement a team-based model
18of care system to address trauma recovery from chronic
19exposure to firearm violence for Illinois adults. On or before
20October 1, 2023, the Department of Healthcare and Family
21Services shall seek approval from the United States Department
22of Health and Human Services to ensure the model of care system
23may include providers such as community mental health centers,
24behavioral health clinics, hospitals, and others deemed
25appropriate by the Department of Healthcare and Family

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1Services.
2 (b) The team-based model of care system shall include, at
3reimburse for a minimum, of the following services:
4 (1) Outreach services that recruit trauma-exposed
5 adults into the system and develop supportive
6 relationships with them based on lived experience in their
7 communities. Outreach services include both services to
8 support impacted individuals and group services that
9 reduce violence between groups that need conflict
10 resolution.
11 (2) Case management and community support services
12 that provide stabilization to individuals recovering from
13 chronic exposure to firearm violence, including group
14 cognitive behavior therapy sessions and other
15 evidence-based interventions that promote behavioral
16 change.
17 (3) Group and individual therapy that addresses
18 underlying mental health conditions associated with
19 post-traumatic stress disorder, depression, anxiety,
20 substance use disorders, intermittent explosive disorder,
21 oppositional defiant disorder, attention deficit
22 hyperactivity disorder, and other mental conditions as a
23 result of chronic trauma.
24 (4) Services deemed necessary for the effective
25 integration of paragraphs (1), (2), and (3).
26 (c) The Department of Healthcare and Family Services is

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1authorized to ensure that different types of providers
2delivering violence prevention services under the model of
3care operated in a manner consistent with evidence-based and
4evidence-informed practices. The Department of Healthcare and
5Family Services shall develop a reimbursement methodologies
6that account for differences among provider types methodology.
7 (d) On or before October 1, 2023, the Department of
8Healthcare and Family Services and Department of Human
9Services shall create and execute a joint Background Check
10Waiver Process, limiting the disqualifying offenses, for Peer
11Support Workers who provide such services.
12(Source: P.A. 102-16, eff. 6-17-21.)
13
ARTICLE 95.
14 Section 95-1. Short title. This Article may be cited as
15the Smart Start Illinois Act. References in this Article to
16"this Act" mean this Article.
17 Section 95-5. Findings. The General Assembly makes the
18following findings:
19 (1) Early childhood education and care is an essential
20 part of our State's economy and infrastructure, providing
21 the backbone that allows for parents and guardians to seek
22 and maintain employment in industries across the State.
23 (2) Further, research shows that participation in

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1 quality early childhood education and care supports
2 children's development, serves as a protective factor from
3 trauma, increases school readiness, lowers future health
4 care costs, and increases employment options and earnings.
5 (3) The State of Illinois funds early childhood
6 education programs through the Illinois State Board of
7 Education and the Department of Human Services for
8 families seeking services aimed at improving the early
9 development of children from the prenatal stage to 5 years
10 of age. Similar programs are also licensed by the
11 Department of Children and Family Services.
12 (4) These agencies administer evidence-based
13 home-visiting programs with doula enhancements, Early
14 Intervention services, the Prevention Initiative program,
15 the Preschool for All program, and the Child Care
16 Assistance Program.
17 (5) The cost to provide child care and early learning
18 in the private market in Illinois is more than parents can
19 afford, as it is more expensive in many communities than
20 the cost of annual tuition and fees at a 4-year
21 postsecondary institution.
22 (6) Child care providers' revenues are insufficient,
23 only allowing child care providers to pay minimum wage.
24 That is less than 98% of all other jobs in the economy.
25 (7) Workforce compensation in other early childhood
26 programs is also not adequate to attract and retain

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1 qualified staff. This problem is especially acute for
2 those working with infants and toddlers.
3 (8) Illinois faces an early childhood educator
4 workforce shortage, which stifles and artificially limits
5 the supply of early childhood programs necessary for
6 parents and guardians to go to work and school, thereby
7 stifling economic growth in the State to an estimated cost
8 of $2,400,000,000 annually. This is especially true for
9 mothers, who often decide to stay home due to the
10 exorbitant cost and inaccessibility of care.
11 (9) Illinois also faces a shortage of high-quality
12 early childhood education and care options in communities
13 across the State, limiting access to services for
14 families. The shortage is particularly acute for
15 infant-toddler care, as there is only capacity for 17.4%
16 of the State's infants and toddlers within licensed child
17 care facilities.
18 (10) In recent years, the State of Illinois has
19 expanded access to the Child Care Assistance Program by
20 raising the income eligibility threshold and making
21 program policies more inclusive and has supported provider
22 sustainability by significantly raising Child Care
23 Assistance Program reimbursement rates. In addition, the
24 State of Illinois has invested over $1,000,000,000 in
25 federal pandemic relief funding in child care service
26 providers to ensure that they could remain open and serve

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1 families and children in their communities during the
2 COVID-19 pandemic and beyond, and so that staff could
3 continue to be paid.
4 (11) However, beyond these federal relief funds,
5 current public levers are unable to sustainably address
6 the early childhood educator workforce shortage or the
7 inadequate early childhood education and care supply to
8 meet parent and guardian needs. Child care providers need
9 stable, predictable, and sufficient revenues to pay
10 attractive wages without increasing costs for families.
11 (12) Any investment to address the early childhood
12 educator workforce shortage and to support program quality
13 must be developed and implemented in close partnership
14 with the educators and child care providers who would be
15 directly impacted, as has been done to date via the Child
16 Care Advisory Council, the Illinois Early Learning
17 Council, Raising Illinois, We, the Village, Birth to Five
18 Illinois Action Councils, Illinois Child Care for All,
19 focus groups, and other stakeholder engagement efforts.
20 (13) Any investment to address the early childhood
21 educator workforce shortage and to support program quality
22 must prioritize fiscal accountability and provider
23 accessibility.
24 (14) Smart Start Illinois is an effort to expand early
25 childhood education and care services statewide with a
26 focus on services aimed at the prenatal stage of

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1 development through 5 years of age.
2 (15) Smart Start Illinois aims to eliminate preschool
3 deserts, make quality child care more affordable and
4 accessible, and increase access to evidence-based
5 home-visiting services with doula enhancements and Early
6 Intervention services.
7 Section 95-10. Smart Start Child Care Workforce
8Compensation Program.
9 (a) The Department of Human Services shall create and
10establish the Smart Start Child Care Workforce Compensation
11Program. The purpose of the Smart Start Child Care Workforce
12Compensation Program is to invest in early childhood education
13and care service providers, including, but not limited to,
14providers participating in the Child Care Assistance Program;
15to expand the supply of high-quality early childhood education
16and care; and to create a strong and stable early childhood
17education and care system with attractive wages, high-quality
18services, and affordable cost.
19 (b) The purpose of the Smart Start Child Care Workforce
20Compensation Program is to stabilize community-based early
21childhood education and care service providers, raise the
22wages of early childhood educators, and support quality
23enhancements that can position service providers to
24participate in other public funding streams, such as Preschool
25for All, in order to further enhance and expand quality

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1service delivery.
2 (c) Subject to appropriation, the Department of Human
3Services shall implement the Smart Start Child Care Workforce
4Compensation Program for eligible licensed day care centers,
5licensed day care homes, and licensed group day care homes by
6October 1, 2024, or as soon as practicable, following
7completion of a planning and transition year. By October 1,
82025, or as soon as practicable, and for each year thereafter,
9subject to appropriation, the Department of Human Services
10shall continue to operate the Smart Start Child Care Workforce
11Compensation Program annually with all licensed day care
12centers and licensed day care homes, and licensed group day
13care homes that meet eligibility requirements. The Smart Start
14Child Care Workforce Compensation Program shall operate
15separately from and shall not supplant the Child Care
16Assistance Program as provided for in Section 9A-11 of the
17Illinois Public Aid Code.
18 (d) The Department of Human Services shall adopt
19administrative rules by October 1, 2024, to facilitate
20administration of the Smart Start Child Care Workforce
21Compensation Program, including, but not limited to,
22provisions for program eligibility, the application and
23funding calculation process, eligible expenses, required wage
24floors, and requirements for financial and personnel reporting
25and monitoring requirements. Eligibility and funding
26provisions shall be based on appropriation and a current model

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1of the cost to provide child care services by a licensed child
2care center or licensed family child care home.
3 Section 95-15. Stakeholder involvement in program
4development and implementation. The Child Care Advisory
5Council, or a committee of the Council, with representation
6from Raising Illinois, We, the Village, Birth to Five Illinois
7Action Councils, and Illinois Child Care for All, shall
8convene prior to July 1, 2023, and at least quarterly
9thereafter through June 30, 2025, to inform the development
10and implementation of the Smart Start Child Care Workforce
11Compensation Program.
12 Section 95-900. The Illinois Public Aid Code is amended by
13changing Section 9A-11 as follows:
14 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
15 Sec. 9A-11. Child care.
16 (a) The General Assembly recognizes that families with
17children need child care in order to work. Child care is
18expensive and families with limited access to economic
19resources low incomes, including those who are transitioning
20from welfare to work, often struggle to pay the costs of day
21care. The General Assembly understands the importance of
22helping low-income working families with limited access to
23economic resources become and remain self-sufficient. The

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1General Assembly also believes that it is the responsibility
2of families to share in the costs of child care. It is also the
3preference of the General Assembly that all working poor
4families with limited access to economic resources should be
5treated equally, regardless of their welfare status.
6 (b) To the extent resources permit, the Illinois
7Department shall provide child care services to parents or
8other relatives as defined by rule who are working or
9participating in employment or Department approved education
10or training programs. At a minimum, the Illinois Department
11shall cover the following categories of families:
12 (1) recipients of TANF under Article IV participating
13 in work and training activities as specified in the
14 personal plan for employment and self-sufficiency;
15 (2) families transitioning from TANF to work;
16 (3) families at risk of becoming recipients of TANF;
17 (4) families with special needs as defined by rule;
18 (5) working families with very low incomes as defined
19 by rule;
20 (6) families that are not recipients of TANF and that
21 need child care assistance to participate in education and
22 training activities;
23 (7) youth in care, as defined in Section 4d of the
24 Children and Family Services Act, who are parents,
25 regardless of income or whether they are working or
26 participating in Department-approved employment or

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1 education or training programs. Any family that receives
2 child care assistance in accordance with this paragraph
3 shall receive one additional 12-month child care
4 eligibility period after the parenting youth in care's
5 case with the Department of Children and Family Services
6 is closed, regardless of income or whether the parenting
7 youth in care is working or participating in
8 Department-approved employment or education or training
9 programs;
10 (8) families receiving Extended Family Support Program
11 services from the Department of Children and Family
12 Services, regardless of income or whether they are working
13 or participating in Department-approved employment or
14 education or training programs; and
15 (9) families with children under the age of 5 who have
16 an open intact family services case with the Department of
17 Children and Family Services. Any family that receives
18 child care assistance in accordance with this paragraph
19 shall remain eligible for child care assistance 6 months
20 after the child's intact family services case is closed,
21 regardless of whether the child's parents or other
22 relatives as defined by rule are working or participating
23 in Department approved employment or education or training
24 programs. The Department of Human Services, in
25 consultation with the Department of Children and Family
26 Services, shall adopt rules to protect the privacy of

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1 families who are the subject of an open intact family
2 services case when such families enroll in child care
3 services. Additional rules shall be adopted to offer
4 children who have an open intact family services case the
5 opportunity to receive an Early Intervention screening and
6 other services that their families may be eligible for as
7 provided by the Department of Human Services.
8 Beginning October 1, 2023, and every October 1 thereafter,
9the Department of Children and Family Services shall report to
10the General Assembly on the number of children who received
11child care via vouchers paid for by the Department of Children
12and Family Services during the preceding fiscal year. The
13report shall include the ages of children who received child
14care, the type of child care they received, and the number of
15months they received child care.
16 The Department shall specify by rule the conditions of
17eligibility, the application process, and the types, amounts,
18and duration of services. Eligibility for child care benefits
19and the amount of child care provided may vary based on family
20size, income, and other factors as specified by rule.
21 The Department shall update the Child Care Assistance
22Program Eligibility Calculator posted on its website to
23include a question on whether a family is applying for child
24care assistance for the first time or is applying for a
25redetermination of eligibility.
26 A family's eligibility for child care services shall be

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1redetermined no sooner than 12 months following the initial
2determination or most recent redetermination. During the
312-month periods, the family shall remain eligible for child
4care services regardless of (i) a change in family income,
5unless family income exceeds 85% of State median income, or
6(ii) a temporary change in the ongoing status of the parents or
7other relatives, as defined by rule, as working or attending a
8job training or educational program.
9 In determining income eligibility for child care benefits,
10the Department annually, at the beginning of each fiscal year,
11shall establish, by rule, one income threshold for each family
12size, in relation to percentage of State median income for a
13family of that size, that makes families with incomes below
14the specified threshold eligible for assistance and families
15with incomes above the specified threshold ineligible for
16assistance. Through and including fiscal year 2007, the
17specified threshold must be no less than 50% of the
18then-current State median income for each family size.
19Beginning in fiscal year 2008, the specified threshold must be
20no less than 185% of the then-current federal poverty level
21for each family size. Notwithstanding any other provision of
22law or administrative rule to the contrary, beginning in
23fiscal year 2019, the specified threshold for working families
24with very low incomes as defined by rule must be no less than
25185% of the then-current federal poverty level for each family
26size. Notwithstanding any other provision of law or

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1administrative rule to the contrary, beginning in State fiscal
2year 2022 through State fiscal year 2023, the specified income
3threshold shall be no less than 200% of the then-current
4federal poverty level for each family size. Beginning in State
5fiscal year 2024, the specified income threshold shall be no
6less than 225% of the then-current federal poverty level for
7each family size.
8 In determining eligibility for assistance, the Department
9shall not give preference to any category of recipients or
10give preference to individuals based on their receipt of
11benefits under this Code.
12 Nothing in this Section shall be construed as conferring
13entitlement status to eligible families.
14 The Illinois Department is authorized to lower income
15eligibility ceilings, raise parent co-payments, create waiting
16lists, or take such other actions during a fiscal year as are
17necessary to ensure that child care benefits paid under this
18Article do not exceed the amounts appropriated for those child
19care benefits. These changes may be accomplished by emergency
20rule under Section 5-45 of the Illinois Administrative
21Procedure Act, except that the limitation on the number of
22emergency rules that may be adopted in a 24-month period shall
23not apply.
24 The Illinois Department may contract with other State
25agencies or child care organizations for the administration of
26child care services.

10300HB3817sam002- 622 -LRB103 30519 JDS 62533 a
1 (c) Payment shall be made for child care that otherwise
2meets the requirements of this Section and applicable
3standards of State and local law and regulation, including any
4requirements the Illinois Department promulgates by rule in
5addition to the licensure requirements promulgated by the
6Department of Children and Family Services and Fire Prevention
7and Safety requirements promulgated by the Office of the State
8Fire Marshal, and is provided in any of the following:
9 (1) a child care center which is licensed or exempt
10 from licensure pursuant to Section 2.09 of the Child Care
11 Act of 1969;
12 (2) a licensed child care home or home exempt from
13 licensing;
14 (3) a licensed group child care home;
15 (4) other types of child care, including child care
16 provided by relatives or persons living in the same home
17 as the child, as determined by the Illinois Department by
18 rule.
19 (c-5) Solely for the purposes of coverage under the
20Illinois Public Labor Relations Act, child and day care home
21providers, including licensed and license exempt,
22participating in the Department's child care assistance
23program shall be considered to be public employees and the
24State of Illinois shall be considered to be their employer as
25of January 1, 2006 (the effective date of Public Act 94-320),
26but not before. The State shall engage in collective

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1bargaining with an exclusive representative of child and day
2care home providers participating in the child care assistance
3program concerning their terms and conditions of employment
4that are within the State's control. Nothing in this
5subsection shall be understood to limit the right of families
6receiving services defined in this Section to select child and
7day care home providers or supervise them within the limits of
8this Section. The State shall not be considered to be the
9employer of child and day care home providers for any purposes
10not specifically provided in Public Act 94-320, including, but
11not limited to, purposes of vicarious liability in tort and
12purposes of statutory retirement or health insurance benefits.
13Child and day care home providers shall not be covered by the
14State Employees Group Insurance Act of 1971.
15 In according child and day care home providers and their
16selected representative rights under the Illinois Public Labor
17Relations Act, the State intends that the State action
18exemption to application of federal and State antitrust laws
19be fully available to the extent that their activities are
20authorized by Public Act 94-320.
21 (d) The Illinois Department shall establish, by rule, a
22co-payment scale that provides for cost sharing by families
23that receive child care services, including parents whose only
24income is from assistance under this Code. The co-payment
25shall be based on family income and family size and may be
26based on other factors as appropriate. Co-payments may be

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1waived for families whose incomes are at or below the federal
2poverty level.
3 (d-5) The Illinois Department, in consultation with its
4Child Care and Development Advisory Council, shall develop a
5plan to revise the child care assistance program's co-payment
6scale. The plan shall be completed no later than February 1,
72008, and shall include:
8 (1) findings as to the percentage of income that the
9 average American family spends on child care and the
10 relative amounts that low-income families and the average
11 American family spend on other necessities of life;
12 (2) recommendations for revising the child care
13 co-payment scale to assure that families receiving child
14 care services from the Department are paying no more than
15 they can reasonably afford;
16 (3) recommendations for revising the child care
17 co-payment scale to provide at-risk children with complete
18 access to Preschool for All and Head Start; and
19 (4) recommendations for changes in child care program
20 policies that affect the affordability of child care.
21 (e) (Blank).
22 (f) The Illinois Department shall, by rule, set rates to
23be paid for the various types of child care. Child care may be
24provided through one of the following methods:
25 (1) arranging the child care through eligible
26 providers by use of purchase of service contracts or

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1 vouchers;
2 (2) arranging with other agencies and community
3 volunteer groups for non-reimbursed child care;
4 (3) (blank); or
5 (4) adopting such other arrangements as the Department
6 determines appropriate.
7 (f-1) Within 30 days after June 4, 2018 (the effective
8date of Public Act 100-587), the Department of Human Services
9shall establish rates for child care providers that are no
10less than the rates in effect on January 1, 2018 increased by
114.26%.
12 (f-5) (Blank).
13 (g) Families eligible for assistance under this Section
14shall be given the following options:
15 (1) receiving a child care certificate issued by the
16 Department or a subcontractor of the Department that may
17 be used by the parents as payment for child care and
18 development services only; or
19 (2) if space is available, enrolling the child with a
20 child care provider that has a purchase of service
21 contract with the Department or a subcontractor of the
22 Department for the provision of child care and development
23 services. The Department may identify particular priority
24 populations for whom they may request special
25 consideration by a provider with purchase of service
26 contracts, provided that the providers shall be permitted

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1 to maintain a balance of clients in terms of household
2 incomes and families and children with special needs, as
3 defined by rule.
4(Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21;
5102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff.
65-27-22.)
7
ARTICLE 97.
8 Section 97-5. The Business Corporation Act of 1983 is
9amended by changing Section 15.35 as follows:
10 (805 ILCS 5/15.35) (from Ch. 32, par. 15.35)
11 (Text of Section from P.A. 102-16)
12 Sec. 15.35. Franchise taxes payable by domestic
13corporations. For the privilege of exercising its franchises
14in this State, each domestic corporation shall pay to the
15Secretary of State the following franchise taxes, computed on
16the basis, at the rates and for the periods prescribed in this
17Act:
18 (a) An initial franchise tax at the time of filing its
19 first report of issuance of shares.
20 (b) An additional franchise tax at the time of filing
21 (1) a report of the issuance of additional shares, or (2) a
22 report of an increase in paid-in capital without the
23 issuance of shares, or (3) an amendment to the articles of

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1 incorporation or a report of cumulative changes in paid-in
2 capital, whenever any amendment or such report discloses
3 an increase in its paid-in capital over the amount thereof
4 last reported in any document, other than an annual
5 report, interim annual report or final transition annual
6 report required by this Act to be filed in the office of
7 the Secretary of State.
8 (c) An additional franchise tax at the time of filing
9 a report of paid-in capital following a statutory merger
10 or consolidation, which discloses that the paid-in capital
11 of the surviving or new corporation immediately after the
12 merger or consolidation is greater than the sum of the
13 paid-in capital of all of the merged or consolidated
14 corporations as last reported by them in any documents,
15 other than annual reports, required by this Act to be
16 filed in the office of the Secretary of State; and in
17 addition, the surviving or new corporation shall be liable
18 for a further additional franchise tax on the paid-in
19 capital of each of the merged or consolidated corporations
20 as last reported by them in any document, other than an
21 annual report, required by this Act to be filed with the
22 Secretary of State from their taxable year end to the next
23 succeeding anniversary month or, in the case of a
24 corporation which has established an extended filing
25 month, the extended filing month of the surviving or new
26 corporation; however if the taxable year ends within the

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1 2-month period immediately preceding the anniversary month
2 or, in the case of a corporation which has established an
3 extended filing month, the extended filing month of the
4 surviving or new corporation the tax will be computed to
5 the anniversary month or, in the case of a corporation
6 which has established an extended filing month, the
7 extended filing month of the surviving or new corporation
8 in the next succeeding calendar year.
9 (d) An annual franchise tax payable each year with the
10 annual report which the corporation is required by this
11 Act to file.
12 On or after January 1, 2020 and prior to January 1, 2021,
13the first $30 in liability is exempt from the tax imposed under
14this Section. On or after January 1, 2021, and prior to January
151, 2024, the first $1,000 in liability is exempt from the tax
16imposed under this Section. On or after January 1, 2024, the
17first $5,000 in liability is exempt from the tax imposed under
18this Section.
19(Source: P.A. 101-9, eff. 6-5-19; 102-16, eff. 6-17-21.)
20 (Text of Section from P.A. 102-282)
21 Sec. 15.35. Franchise taxes payable by domestic
22corporations. For the privilege of exercising its franchises
23in this State, each domestic corporation shall pay to the
24Secretary of State the following franchise taxes, computed on
25the basis, at the rates and for the periods prescribed in this

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1Act:
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,
20the first $30 in liability is exempt from the tax imposed under
21this Section. On or after January 1, 2021 and prior to January
221, 2024 2022, the first $1,000 in liability is exempt from the
23tax imposed under this Section. On or after January 1, 2024,
24the first $5,000 in liability is exempt from the tax imposed
25under this Section. On or after January 1, 2022 and prior to
26January 1, 2023, the first $10,000 in liability is exempt from

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

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

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1 month, the extended filing month of the surviving or new
2 corporation; however if the taxable year ends within the
3 2-month period immediately preceding the anniversary month
4 or, in the case of a corporation which has established an
5 extended filing month, the extended filing month of the
6 surviving or new corporation the tax will be computed to
7 the anniversary month or, in the case of a corporation
8 which has established an extended filing month, the
9 extended filing month of the surviving or new corporation
10 in the next succeeding calendar year.
11 (d) An annual franchise tax payable each year with the
12 annual report which the corporation is required by this
13 Act to file.
14 On or after January 1, 2020 and prior to January 1, 2021,
15the first $30 in liability is exempt from the tax imposed under
16this Section. On or after January 1, 2021 and prior to January
171, 2024 2022, the first $1,000 in liability is exempt from the
18tax imposed under this Section. On or after January 1, 2024,
19the first $5,000 in liability is exempt from the tax imposed
20under this Section. On or after January 1, 2022 and prior to
21January 1, 2023, the first $10,000 in liability is exempt from
22the tax imposed under this Section. On or after January 1, 2023
23and prior to January 1, 2024, the first $100,000 in liability
24is exempt from the tax imposed under this Section. The
25provisions of this Section shall not require the payment of
26any franchise tax that would otherwise have been due and

10300HB3817sam002- 634 -LRB103 30519 JDS 62533 a
1payable on or after January 1, 2024. There shall be no refunds
2or proration of franchise tax for any taxes due and payable on
3or after January 1, 2024 on the basis that a portion of the
4corporation's taxable year extends beyond January 1, 2024.
5Public Act 101-9 shall not affect any right accrued or
6established, or any liability or penalty incurred prior to
7January 1, 2024.
8 This Section is repealed on December 31, 2025.
9(Source: P.A. 101-9, eff. 6-5-19; 102-558, eff. 8-20-21.)
10
Article 98.
11 Section 98-5. The Illinois Vehicle Code is amended by
12changing Sections 2-119, 2-123, 3-821, and 6-118 as follows:
13 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
14 Sec. 2-119. Disposition of fees and taxes.
15 (a) All moneys received from Salvage Certificates shall be
16deposited in the Common School Fund in the State Treasury.
17 (b) Of the money collected for each certificate of title,
18duplicate certificate of title, and corrected certificate of
19title:
20 (1) $2.60 shall be deposited in the Park and
21 Conservation Fund;
22 (2) $0.65 shall be deposited in the Illinois Fisheries
23 Management Fund;

10300HB3817sam002- 635 -LRB103 30519 JDS 62533 a
1 (3) $48 shall be disbursed under subsection (g) of
2 this Section;
3 (4) $4 shall be deposited into the Motor Vehicle
4 License Plate Fund; and
5 (5) $30 shall be deposited into the Capital Projects
6 Fund; and .
7 (6) $10 shall be deposited into the Secretary of State
8 Special Services Fund pursuant to this amendatory Act of
9 the 103rd General Assembly.
10 All remaining moneys collected for certificates of title,
11and all moneys collected for filing of security interests,
12shall be deposited in the General Revenue Fund.
13 The $20 collected for each delinquent vehicle registration
14renewal fee shall be deposited into the General Revenue Fund.
15 The moneys deposited in the Park and Conservation Fund
16under this Section shall be used for the acquisition and
17development of bike paths as provided for in Section 805-420
18of the Department of Natural Resources (Conservation) Law of
19the Civil Administrative Code of Illinois. The moneys
20deposited into the Park and Conservation Fund under this
21subsection shall not be subject to administrative charges or
22chargebacks, unless otherwise authorized by this Code.
23 If the balance in the Motor Vehicle License Plate Fund
24exceeds $40,000,000 on the last day of a calendar month, then
25during the next calendar month, the $4 that otherwise would be
26deposited in that fund shall instead be deposited into the

10300HB3817sam002- 636 -LRB103 30519 JDS 62533 a
1Road Fund.
2 (c) All moneys collected for that portion of a driver's
3license fee designated for driver education under Section
46-118 shall be placed in the Drivers Education Fund in the
5State Treasury.
6 (d) Of the moneys collected as a registration fee for each
7motorcycle, motor driven cycle, and moped, 27% shall be
8deposited in the Cycle Rider Safety Training Fund.
9 (e) (Blank).
10 (f) Of the total money collected for a commercial
11learner's permit (CLP) or original or renewal issuance of a
12commercial driver's license (CDL) pursuant to the Uniform
13Commercial Driver's License Act (UCDLA): (i) $6 of the total
14fee for an original or renewal CDL, and $6 of the total CLP fee
15when such permit is issued to any person holding a valid
16Illinois driver's license, shall be paid into the
17CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License
18Information System/American Association of Motor Vehicle
19Administrators network/National Motor Vehicle Title
20Information Service Trust Fund) and shall be used for the
21purposes provided in Section 6z-23 of the State Finance Act
22and (ii) $20 of the total fee for an original or renewal CDL or
23CLP shall be paid into the Motor Carrier Safety Inspection
24Fund, which is hereby created as a special fund in the State
25Treasury, to be used by the Illinois State Police, subject to
26appropriation, to hire additional officers to conduct motor

10300HB3817sam002- 637 -LRB103 30519 JDS 62533 a
1carrier safety inspections pursuant to Chapter 18b of this
2Code.
3 (g) Of the moneys received by the Secretary of State as
4registration fees or taxes, certificates of title, duplicate
5certificates of title, corrected certificates of title, or as
6payment of any other fee under this Code, when those moneys are
7not otherwise distributed by this Code, 37% shall be deposited
8into the State Construction Account Fund, and 63% shall be
9deposited in the Road Fund. Moneys in the Road Fund shall be
10used for the purposes provided in Section 8.3 of the State
11Finance Act.
12 (h) (Blank).
13 (i) (Blank).
14 (j) (Blank).
15 (k) There is created in the State Treasury a special fund
16to be known as the Secretary of State Special License Plate
17Fund. Money deposited into the Fund shall, subject to
18appropriation, be used by the Office of the Secretary of State
19(i) to help defray plate manufacturing and plate processing
20costs for the issuance and, when applicable, renewal of any
21new or existing registration plates authorized under this Code
22and (ii) for grants made by the Secretary of State to benefit
23Illinois Veterans Home libraries.
24 (l) The Motor Vehicle Review Board Fund is created as a
25special fund in the State Treasury. Moneys deposited into the
26Fund under paragraph (7) of subsection (b) of Section 5-101

10300HB3817sam002- 638 -LRB103 30519 JDS 62533 a
1and Section 5-109 shall, subject to appropriation, be used by
2the Office of the Secretary of State to administer the Motor
3Vehicle Review Board, including without limitation payment of
4compensation and all necessary expenses incurred in
5administering the Motor Vehicle Review Board under the Motor
6Vehicle Franchise Act.
7 (m) Effective July 1, 1996, there is created in the State
8Treasury a special fund to be known as the Family
9Responsibility Fund. Moneys deposited into the Fund shall,
10subject to appropriation, be used by the Office of the
11Secretary of State for the purpose of enforcing the Family
12Financial Responsibility Law.
13 (n) The Illinois Fire Fighters' Memorial Fund is created
14as a special fund in the State Treasury. Moneys deposited into
15the Fund shall, subject to appropriation, be used by the
16Office of the State Fire Marshal for construction of the
17Illinois Fire Fighters' Memorial to be located at the State
18Capitol grounds in Springfield, Illinois. Upon the completion
19of the Memorial, moneys in the Fund shall be used in accordance
20with Section 3-634.
21 (o) Of the money collected for each certificate of title
22for all-terrain vehicles and off-highway motorcycles, $17
23shall be deposited into the Off-Highway Vehicle Trails Fund.
24 (p) For audits conducted on or after July 1, 2003 pursuant
25to Section 2-124(d) of this Code, 50% of the money collected as
26audit fees shall be deposited into the General Revenue Fund.

10300HB3817sam002- 639 -LRB103 30519 JDS 62533 a
1 (q) Beginning July 1, 2023, the additional fees imposed by
2the amendatory Act of the 103rd General Assembly in Sections
32-123, 3-821, and 6-118 shall be deposited into the Secretary
4of State Special Services Fund.
5(Source: P.A. 102-538, eff. 8-20-21.)
6 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
7 (Text of Section before amendment by P.A. 102-982)
8 Sec. 2-123. Sale and distribution of information.
9 (a) Except as otherwise provided in this Section, the
10Secretary may make the driver's license, vehicle and title
11registration lists, in part or in whole, and any statistical
12information derived from these lists available to local
13governments, elected state officials, state educational
14institutions, and all other governmental units of the State
15and Federal Government requesting them for governmental
16purposes. The Secretary shall require any such applicant for
17services to pay for the costs of furnishing such services and
18the use of the equipment involved, and in addition is
19empowered to establish prices and charges for the services so
20furnished and for the use of the electronic equipment
21utilized.
22 (b) The Secretary is further empowered to and he may, in
23his discretion, furnish to any applicant, other than listed in
24subsection (a) of this Section, vehicle or driver data on a
25computer tape, disk, other electronic format or computer

10300HB3817sam002- 640 -LRB103 30519 JDS 62533 a
1processable medium, or printout at a fixed fee of $500 $250 for
2orders received before October 1, 2003 and $500 for orders
3received on or after October 1, 2003, in advance, and require
4in addition a further sufficient deposit based upon the
5Secretary of State's estimate of the total cost of the
6information requested and a charge of $50 $25 for orders
7received before October 1, 2003 and $50 for orders received on
8or after October 1, 2003, per 1,000 units or part thereof
9identified or the actual cost, whichever is greater. The
10Secretary is authorized to refund any difference between the
11additional deposit and the actual cost of the request. This
12service shall not be in lieu of an abstract of a driver's
13record nor of a title or registration search. This service may
14be limited to entities purchasing a minimum number of records
15as required by administrative rule. The information sold
16pursuant to this subsection shall be the entire vehicle or
17driver data list, or part thereof. The information sold
18pursuant to this subsection shall not contain personally
19identifying information unless the information is to be used
20for one of the purposes identified in subsection (f-5) of this
21Section. Commercial purchasers of driver and vehicle record
22databases shall enter into a written agreement with the
23Secretary of State that includes disclosure of the commercial
24use of the information to be purchased.
25 (b-1) The Secretary is further empowered to and may, in
26his or her discretion, furnish vehicle or driver data on a

10300HB3817sam002- 641 -LRB103 30519 JDS 62533 a
1computer tape, disk, or other electronic format or computer
2processible medium, at no fee, to any State or local
3governmental agency that uses the information provided by the
4Secretary to transmit data back to the Secretary that enables
5the Secretary to maintain accurate driving records, including
6dispositions of traffic cases. This information may be
7provided without fee not more often than once every 6 months.
8 (c) Secretary of State may issue registration lists. The
9Secretary of State may compile a list of all registered
10vehicles. Each list of registered vehicles shall be arranged
11serially according to the registration numbers assigned to
12registered vehicles and may contain in addition the names and
13addresses of registered owners and a brief description of each
14vehicle including the serial or other identifying number
15thereof. Such compilation may be in such form as in the
16discretion of the Secretary of State may seem best for the
17purposes intended.
18 (d) The Secretary of State shall furnish no more than 2
19current available lists of such registrations to the sheriffs
20of all counties and to the chiefs of police of all cities and
21villages and towns of 2,000 population and over in this State
22at no cost. Additional copies may be purchased by the sheriffs
23or chiefs of police at the fee of $500 each or at the cost of
24producing the list as determined by the Secretary of State.
25Such lists are to be used for governmental purposes only.
26 (e) (Blank).

10300HB3817sam002- 642 -LRB103 30519 JDS 62533 a
1 (e-1) (Blank).
2 (f) The Secretary of State shall make a title or
3registration search of the records of his office and a written
4report on the same for any person, upon written application of
5such person, accompanied by a fee of $5 for each registration
6or title search. The written application shall set forth the
7intended use of the requested information. No fee shall be
8charged for a title or registration search, or for the
9certification thereof requested by a government agency. The
10report of the title or registration search shall not contain
11personally identifying information unless the request for a
12search was made for one of the purposes identified in
13subsection (f-5) of this Section. The report of the title or
14registration search shall not contain highly restricted
15personal information unless specifically authorized by this
16Code.
17 The Secretary of State shall certify a title or
18registration record upon written request. The fee for
19certification shall be $5 in addition to the fee required for a
20title or registration search. Certification shall be made
21under the signature of the Secretary of State and shall be
22authenticated by Seal of the Secretary of State.
23 The Secretary of State may notify the vehicle owner or
24registrant of the request for purchase of his title or
25registration information as the Secretary deems appropriate.
26 No information shall be released to the requester until

10300HB3817sam002- 643 -LRB103 30519 JDS 62533 a
1expiration of a 10-day period. This 10-day period shall not
2apply to requests for information made by law enforcement
3officials, government agencies, financial institutions,
4attorneys, insurers, employers, automobile associated
5businesses, persons licensed as a private detective or firms
6licensed as a private detective agency under the Private
7Detective, Private Alarm, Private Security, Fingerprint
8Vendor, and Locksmith Act of 2004, who are employed by or are
9acting on behalf of law enforcement officials, government
10agencies, financial institutions, attorneys, insurers,
11employers, automobile associated businesses, and other
12business entities for purposes consistent with the Illinois
13Vehicle Code, the vehicle owner or registrant or other
14entities as the Secretary may exempt by rule and regulation.
15 Any misrepresentation made by a requester of title or
16vehicle information shall be punishable as a petty offense,
17except in the case of persons licensed as a private detective
18or firms licensed as a private detective agency which shall be
19subject to disciplinary sanctions under Section 40-10 of the
20Private Detective, Private Alarm, Private Security,
21Fingerprint Vendor, and Locksmith Act of 2004.
22 (f-5) The Secretary of State shall not disclose or
23otherwise make available to any person or entity any
24personally identifying information obtained by the Secretary
25of State in connection with a driver's license, vehicle, or
26title registration record unless the information is disclosed

10300HB3817sam002- 644 -LRB103 30519 JDS 62533 a
1for one of the following purposes:
2 (1) For use by any government agency, including any
3 court or law enforcement agency, in carrying out its
4 functions, or any private person or entity acting on
5 behalf of a federal, State, or local agency in carrying
6 out its functions.
7 (2) For use in connection with matters of motor
8 vehicle or driver safety and theft; motor vehicle
9 emissions; motor vehicle product alterations, recalls, or
10 advisories; performance monitoring of motor vehicles,
11 motor vehicle parts, and dealers; and removal of non-owner
12 records from the original owner records of motor vehicle
13 manufacturers.
14 (3) For use in the normal course of business by a
15 legitimate business or its agents, employees, or
16 contractors, but only:
17 (A) to verify the accuracy of personal information
18 submitted by an individual to the business or its
19 agents, employees, or contractors; and
20 (B) if such information as so submitted is not
21 correct or is no longer correct, to obtain the correct
22 information, but only for the purposes of preventing
23 fraud by, pursuing legal remedies against, or
24 recovering on a debt or security interest against, the
25 individual.
26 (4) For use in research activities and for use in

10300HB3817sam002- 645 -LRB103 30519 JDS 62533 a
1 producing statistical reports, if the personally
2 identifying information is not published, redisclosed, or
3 used to contact individuals.
4 (5) For use in connection with any civil, criminal,
5 administrative, or arbitral proceeding in any federal,
6 State, or local court or agency or before any
7 self-regulatory body, including the service of process,
8 investigation in anticipation of litigation, and the
9 execution or enforcement of judgments and orders, or
10 pursuant to an order of a federal, State, or local court.
11 (6) For use by any insurer or insurance support
12 organization or by a self-insured entity or its agents,
13 employees, or contractors in connection with claims
14 investigation activities, antifraud activities, rating, or
15 underwriting.
16 (7) For use in providing notice to the owners of towed
17 or impounded vehicles.
18 (8) For use by any person licensed as a private
19 detective or firm licensed as a private detective agency
20 under the Private Detective, Private Alarm, Private
21 Security, Fingerprint Vendor, and Locksmith Act of 2004,
22 private investigative agency or security service licensed
23 in Illinois for any purpose permitted under this
24 subsection.
25 (9) For use by an employer or its agent or insurer to
26 obtain or verify information relating to a holder of a

10300HB3817sam002- 646 -LRB103 30519 JDS 62533 a
1 commercial driver's license that is required under chapter
2 313 of title 49 of the United States Code.
3 (10) For use in connection with the operation of
4 private toll transportation facilities.
5 (11) For use by any requester, if the requester
6 demonstrates it has obtained the written consent of the
7 individual to whom the information pertains.
8 (12) For use by members of the news media, as defined
9 in Section 1-148.5, for the purpose of newsgathering when
10 the request relates to the operation of a motor vehicle or
11 public safety.
12 (13) For any other use specifically authorized by law,
13 if that use is related to the operation of a motor vehicle
14 or public safety.
15 (f-6) The Secretary of State shall not disclose or
16otherwise make available to any person or entity any highly
17restricted personal information obtained by the Secretary of
18State in connection with a driver's license, vehicle, or title
19registration record unless specifically authorized by this
20Code.
21 (g) 1. The Secretary of State may, upon receipt of a
22written request and a fee as set forth in Section 6-118,
23furnish to the person or agency so requesting a driver's
24record or data contained therein. Such document may include a
25record of: current driver's license issuance information,
26except that the information on judicial driving permits shall

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

10300HB3817sam002- 648 -LRB103 30519 JDS 62533 a
1 3. All requests for driving record information shall be
2made in a manner prescribed by the Secretary and shall set
3forth the intended use of the requested information.
4 The Secretary of State may notify the affected driver of
5the request for purchase of his driver's record as the
6Secretary deems appropriate.
7 No information shall be released to the requester until
8expiration of a 10-day period. This 10-day period shall not
9apply to requests for information made by law enforcement
10officials, government agencies, financial institutions,
11attorneys, insurers, employers, automobile associated
12businesses, persons licensed as a private detective or firms
13licensed as a private detective agency under the Private
14Detective, Private Alarm, Private Security, Fingerprint
15Vendor, and Locksmith Act of 2004, who are employed by or are
16acting on behalf of law enforcement officials, government
17agencies, financial institutions, attorneys, insurers,
18employers, automobile associated businesses, and other
19business entities for purposes consistent with the Illinois
20Vehicle Code, the affected driver or other entities as the
21Secretary may exempt by rule and regulation.
22 Any misrepresentation made by a requester of driver
23information shall be punishable as a petty offense, except in
24the case of persons licensed as a private detective or firms
25licensed as a private detective agency which shall be subject
26to disciplinary sanctions under Section 40-10 of the Private

10300HB3817sam002- 649 -LRB103 30519 JDS 62533 a
1Detective, Private Alarm, Private Security, Fingerprint
2Vendor, and Locksmith Act of 2004.
3 4. The Secretary of State may furnish without fee, upon
4the written request of a law enforcement agency, any
5information from a driver's record on file with the Secretary
6of State when such information is required in the enforcement
7of this Code or any other law relating to the operation of
8motor vehicles, including records of dispositions; documented
9information involving the use of a motor vehicle; whether such
10individual has, or previously had, a driver's license; and the
11address and personal description as reflected on said driver's
12record.
13 5. Except as otherwise provided in this Section, the
14Secretary of State may furnish, without fee, information from
15an individual driver's record on file, if a written request
16therefor is submitted by any public transit system or
17authority, public defender, law enforcement agency, a state or
18federal agency, or an Illinois local intergovernmental
19association, if the request is for the purpose of a background
20check of applicants for employment with the requesting agency,
21or for the purpose of an official investigation conducted by
22the agency, or to determine a current address for the driver so
23public funds can be recovered or paid to the driver, or for any
24other purpose set forth in subsection (f-5) of this Section.
25 The Secretary may also furnish the courts a copy of an
26abstract of a driver's record, without fee, subsequent to an

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1arrest for a violation of Section 11-501 or a similar
2provision of a local ordinance. Such abstract may include
3records of dispositions; documented information involving the
4use of a motor vehicle as contained in the current file;
5whether such individual has, or previously had, a driver's
6license; and the address and personal description as reflected
7on said driver's record.
8 6. Any certified abstract issued by the Secretary of State
9or transmitted electronically by the Secretary of State
10pursuant to this Section, to a court or on request of a law
11enforcement agency, for the record of a named person as to the
12status of the person's driver's license shall be prima facie
13evidence of the facts therein stated and if the name appearing
14in such abstract is the same as that of a person named in an
15information or warrant, such abstract shall be prima facie
16evidence that the person named in such information or warrant
17is the same person as the person named in such abstract and
18shall be admissible for any prosecution under this Code and be
19admitted as proof of any prior conviction or proof of records,
20notices, or orders recorded on individual driving records
21maintained by the Secretary of State.
22 7. Subject to any restrictions contained in the Juvenile
23Court Act of 1987, and upon receipt of a proper request and a
24fee as set forth in Section 6-118, the Secretary of State shall
25provide a driver's record or data contained therein to the
26affected driver, or the affected driver's attorney, upon

10300HB3817sam002- 651 -LRB103 30519 JDS 62533 a
1verification. Such record shall contain all the information
2referred to in paragraph 1 of this subsection (g) plus: any
3recorded accident involvement as a driver; information
4recorded pursuant to subsection (e) of Section 6-117 and
5paragraph (4) of subsection (a) of Section 6-204 of this Code.
6All other information, unless otherwise permitted by this
7Code, shall remain confidential.
8 (h) The Secretary shall not disclose social security
9numbers or any associated information obtained from the Social
10Security Administration except pursuant to a written request
11by, or with the prior written consent of, the individual
12except: (1) to officers and employees of the Secretary who
13have a need to know the social security numbers in performance
14of their official duties, (2) to law enforcement officials for
15a civil or criminal law enforcement investigation, and if an
16officer of the law enforcement agency has made a written
17request to the Secretary specifying the law enforcement
18investigation for which the social security numbers are being
19sought, though the Secretary retains the right to require
20additional verification regarding the validity of the request,
21(3) to the United States Department of Transportation, or any
22other State, pursuant to the administration and enforcement of
23the Commercial Motor Vehicle Safety Act of 1986 or
24participation in State-to-State verification service, (4)
25pursuant to the order of a court of competent jurisdiction,
26(5) to the Department of Healthcare and Family Services

10300HB3817sam002- 652 -LRB103 30519 JDS 62533 a
1(formerly Department of Public Aid) for utilization in the
2child support enforcement duties assigned to that Department
3under provisions of the Illinois Public Aid Code after the
4individual has received advanced meaningful notification of
5what redisclosure is sought by the Secretary in accordance
6with the federal Privacy Act, (5.5) to the Department of
7Healthcare and Family Services and the Department of Human
8Services solely for the purpose of verifying Illinois
9residency where such residency is an eligibility requirement
10for benefits under the Illinois Public Aid Code or any other
11health benefit program administered by the Department of
12Healthcare and Family Services or the Department of Human
13Services, (6) to the Illinois Department of Revenue solely for
14use by the Department in the collection of any tax or debt that
15the Department of Revenue is authorized or required by law to
16collect, provided that the Department shall not disclose the
17social security number to any person or entity outside of the
18Department, (7) to the Illinois Department of Veterans'
19Affairs for the purpose of confirming veteran status, or (8)
20the last 4 digits to the Illinois State Board of Elections for
21purposes of voter registration and as may be required pursuant
22to an agreement for a multi-state voter registration list
23maintenance system. If social security information is
24disclosed by the Secretary in accordance with this Section, no
25liability shall rest with the Office of the Secretary of State
26or any of its officers or employees, as the information is

10300HB3817sam002- 653 -LRB103 30519 JDS 62533 a
1released for official purposes only.
2 (i) (Blank).
3 (j) Medical statements or medical reports received in the
4Secretary of State's Office shall be confidential. Except as
5provided in this Section, no confidential information may be
6open to public inspection or the contents disclosed to anyone,
7except officers and employees of the Secretary who have a need
8to know the information contained in the medical reports and
9the Driver License Medical Advisory Board, unless so directed
10by an order of a court of competent jurisdiction. If the
11Secretary receives a medical report regarding a driver that
12does not address a medical condition contained in a previous
13medical report, the Secretary may disclose the unaddressed
14medical condition to the driver or his or her physician, or
15both, solely for the purpose of submission of a medical report
16that addresses the condition.
17 (k) Beginning July 1, 2023, disbursement Disbursement of
18fees collected under this Section shall be as follows: (1) of
19the $20 $12 fee for a driver's record, $11 $3 shall be paid
20into the Secretary of State Special Services Fund, and $6
21shall be paid into the General Revenue Fund; (2) 50% of the
22amounts collected under subsection (b) shall be paid into the
23General Revenue Fund; and (3) all remaining fees shall be
24disbursed under subsection (g) of Section 2-119 of this Code.
25 (l) (Blank).
26 (m) Notations of accident involvement that may be

10300HB3817sam002- 654 -LRB103 30519 JDS 62533 a
1disclosed under this Section shall not include notations
2relating to damage to a vehicle or other property being
3transported by a tow truck. This information shall remain
4confidential, provided that nothing in this subsection (m)
5shall limit disclosure of any notification of accident
6involvement to any law enforcement agency or official.
7 (n) Requests made by the news media for driver's license,
8vehicle, or title registration information may be furnished
9without charge or at a reduced charge, as determined by the
10Secretary, when the specific purpose for requesting the
11documents is deemed to be in the public interest. Waiver or
12reduction of the fee is in the public interest if the principal
13purpose of the request is to access and disseminate
14information regarding the health, safety, and welfare or the
15legal rights of the general public and is not for the principal
16purpose of gaining a personal or commercial benefit. The
17information provided pursuant to this subsection shall not
18contain personally identifying information unless the
19information is to be used for one of the purposes identified in
20subsection (f-5) of this Section.
21 (o) The redisclosure of personally identifying information
22obtained pursuant to this Section is prohibited, except to the
23extent necessary to effectuate the purpose for which the
24original disclosure of the information was permitted.
25 (p) The Secretary of State is empowered to adopt rules to
26effectuate this Section.

10300HB3817sam002- 655 -LRB103 30519 JDS 62533 a
1(Source: P.A. 100-590, eff. 6-8-18; 101-81, eff. 7-12-19;
2101-326, eff. 8-9-19.)
3 (Text of Section after amendment by P.A. 102-982)
4 Sec. 2-123. Sale and distribution of information.
5 (a) Except as otherwise provided in this Section, the
6Secretary may make the driver's license, vehicle and title
7registration lists, in part or in whole, and any statistical
8information derived from these lists available to local
9governments, elected state officials, state educational
10institutions, and all other governmental units of the State
11and Federal Government requesting them for governmental
12purposes. The Secretary shall require any such applicant for
13services to pay for the costs of furnishing such services and
14the use of the equipment involved, and in addition is
15empowered to establish prices and charges for the services so
16furnished and for the use of the electronic equipment
17utilized.
18 (b) The Secretary is further empowered to and he may, in
19his discretion, furnish to any applicant, other than listed in
20subsection (a) of this Section, vehicle or driver data on a
21computer tape, disk, other electronic format or computer
22processable medium, or printout at a fixed fee of $500 $250 for
23orders received before October 1, 2003 and $500 for orders
24received on or after October 1, 2003, in advance, and require
25in addition a further sufficient deposit based upon the

10300HB3817sam002- 656 -LRB103 30519 JDS 62533 a
1Secretary of State's estimate of the total cost of the
2information requested and a charge of $50 $25 for orders
3received before October 1, 2003 and $50 for orders received on
4or after October 1, 2003, per 1,000 units or part thereof
5identified or the actual cost, whichever is greater. The
6Secretary is authorized to refund any difference between the
7additional deposit and the actual cost of the request. This
8service shall not be in lieu of an abstract of a driver's
9record nor of a title or registration search. This service may
10be limited to entities purchasing a minimum number of records
11as required by administrative rule. The information sold
12pursuant to this subsection shall be the entire vehicle or
13driver data list, or part thereof. The information sold
14pursuant to this subsection shall not contain personally
15identifying information unless the information is to be used
16for one of the purposes identified in subsection (f-5) of this
17Section. Commercial purchasers of driver and vehicle record
18databases shall enter into a written agreement with the
19Secretary of State that includes disclosure of the commercial
20use of the information to be purchased.
21 (b-1) The Secretary is further empowered to and may, in
22his or her discretion, furnish vehicle or driver data on a
23computer tape, disk, or other electronic format or computer
24processible medium, at no fee, to any State or local
25governmental agency that uses the information provided by the
26Secretary to transmit data back to the Secretary that enables

10300HB3817sam002- 657 -LRB103 30519 JDS 62533 a
1the Secretary to maintain accurate driving records, including
2dispositions of traffic cases. This information may be
3provided without fee not more often than once every 6 months.
4 (c) Secretary of State may issue registration lists. The
5Secretary of State may compile a list of all registered
6vehicles. Each list of registered vehicles shall be arranged
7serially according to the registration numbers assigned to
8registered vehicles and may contain in addition the names and
9addresses of registered owners and a brief description of each
10vehicle including the serial or other identifying number
11thereof. Such compilation may be in such form as in the
12discretion of the Secretary of State may seem best for the
13purposes intended.
14 (d) The Secretary of State shall furnish no more than 2
15current available lists of such registrations to the sheriffs
16of all counties and to the chiefs of police of all cities and
17villages and towns of 2,000 population and over in this State
18at no cost. Additional copies may be purchased by the sheriffs
19or chiefs of police at the fee of $500 each or at the cost of
20producing the list as determined by the Secretary of State.
21Such lists are to be used for governmental purposes only.
22 (e) (Blank).
23 (e-1) (Blank).
24 (f) The Secretary of State shall make a title or
25registration search of the records of his office and a written
26report on the same for any person, upon written application of

10300HB3817sam002- 658 -LRB103 30519 JDS 62533 a
1such person, accompanied by a fee of $5 for each registration
2or title search. The written application shall set forth the
3intended use of the requested information. No fee shall be
4charged for a title or registration search, or for the
5certification thereof requested by a government agency. The
6report of the title or registration search shall not contain
7personally identifying information unless the request for a
8search was made for one of the purposes identified in
9subsection (f-5) of this Section. The report of the title or
10registration search shall not contain highly restricted
11personal information unless specifically authorized by this
12Code.
13 The Secretary of State shall certify a title or
14registration record upon written request. The fee for
15certification shall be $5 in addition to the fee required for a
16title or registration search. Certification shall be made
17under the signature of the Secretary of State and shall be
18authenticated by Seal of the Secretary of State.
19 The Secretary of State may notify the vehicle owner or
20registrant of the request for purchase of his title or
21registration information as the Secretary deems appropriate.
22 No information shall be released to the requester until
23expiration of a 10-day period. This 10-day period shall not
24apply to requests for information made by law enforcement
25officials, government agencies, financial institutions,
26attorneys, insurers, employers, automobile associated

10300HB3817sam002- 659 -LRB103 30519 JDS 62533 a
1businesses, persons licensed as a private detective or firms
2licensed as a private detective agency under the Private
3Detective, Private Alarm, Private Security, Fingerprint
4Vendor, and Locksmith Act of 2004, who are employed by or are
5acting on behalf of law enforcement officials, government
6agencies, financial institutions, attorneys, insurers,
7employers, automobile associated businesses, and other
8business entities for purposes consistent with the Illinois
9Vehicle Code, the vehicle owner or registrant or other
10entities as the Secretary may exempt by rule and regulation.
11 Any misrepresentation made by a requester of title or
12vehicle information shall be punishable as a petty offense,
13except in the case of persons licensed as a private detective
14or firms licensed as a private detective agency which shall be
15subject to disciplinary sanctions under Section 40-10 of the
16Private Detective, Private Alarm, Private Security,
17Fingerprint Vendor, and Locksmith Act of 2004.
18 (f-5) The Secretary of State shall not disclose or
19otherwise make available to any person or entity any
20personally identifying information obtained by the Secretary
21of State in connection with a driver's license, vehicle, or
22title registration record unless the information is disclosed
23for one of the following purposes:
24 (1) For use by any government agency, including any
25 court or law enforcement agency, in carrying out its
26 functions, or any private person or entity acting on

10300HB3817sam002- 660 -LRB103 30519 JDS 62533 a
1 behalf of a federal, State, or local agency in carrying
2 out its functions.
3 (2) For use in connection with matters of motor
4 vehicle or driver safety and theft; motor vehicle
5 emissions; motor vehicle product alterations, recalls, or
6 advisories; performance monitoring of motor vehicles,
7 motor vehicle parts, and dealers; and removal of non-owner
8 records from the original owner records of motor vehicle
9 manufacturers.
10 (3) For use in the normal course of business by a
11 legitimate business or its agents, employees, or
12 contractors, but only:
13 (A) to verify the accuracy of personal information
14 submitted by an individual to the business or its
15 agents, employees, or contractors; and
16 (B) if such information as so submitted is not
17 correct or is no longer correct, to obtain the correct
18 information, but only for the purposes of preventing
19 fraud by, pursuing legal remedies against, or
20 recovering on a debt or security interest against, the
21 individual.
22 (4) For use in research activities and for use in
23 producing statistical reports, if the personally
24 identifying information is not published, redisclosed, or
25 used to contact individuals.
26 (5) For use in connection with any civil, criminal,

10300HB3817sam002- 661 -LRB103 30519 JDS 62533 a
1 administrative, or arbitral proceeding in any federal,
2 State, or local court or agency or before any
3 self-regulatory body, including the service of process,
4 investigation in anticipation of litigation, and the
5 execution or enforcement of judgments and orders, or
6 pursuant to an order of a federal, State, or local court.
7 (6) For use by any insurer or insurance support
8 organization or by a self-insured entity or its agents,
9 employees, or contractors in connection with claims
10 investigation activities, antifraud activities, rating, or
11 underwriting.
12 (7) For use in providing notice to the owners of towed
13 or impounded vehicles.
14 (8) For use by any person licensed as a private
15 detective or firm licensed as a private detective agency
16 under the Private Detective, Private Alarm, Private
17 Security, Fingerprint Vendor, and Locksmith Act of 2004,
18 private investigative agency or security service licensed
19 in Illinois for any purpose permitted under this
20 subsection.
21 (9) For use by an employer or its agent or insurer to
22 obtain or verify information relating to a holder of a
23 commercial driver's license that is required under chapter
24 313 of title 49 of the United States Code.
25 (10) For use in connection with the operation of
26 private toll transportation facilities.

10300HB3817sam002- 662 -LRB103 30519 JDS 62533 a
1 (11) For use by any requester, if the requester
2 demonstrates it has obtained the written consent of the
3 individual to whom the information pertains.
4 (12) For use by members of the news media, as defined
5 in Section 1-148.5, for the purpose of newsgathering when
6 the request relates to the operation of a motor vehicle or
7 public safety.
8 (13) For any other use specifically authorized by law,
9 if that use is related to the operation of a motor vehicle
10 or public safety.
11 (f-6) The Secretary of State shall not disclose or
12otherwise make available to any person or entity any highly
13restricted personal information obtained by the Secretary of
14State in connection with a driver's license, vehicle, or title
15registration record unless specifically authorized by this
16Code.
17 (g) 1. The Secretary of State may, upon receipt of a
18written request and a fee as set forth in Section 6-118,
19furnish to the person or agency so requesting a driver's
20record or data contained therein. Such document may include a
21record of: current driver's license issuance information,
22except that the information on judicial driving permits shall
23be available only as otherwise provided by this Code;
24convictions; orders entered revoking, suspending or cancelling
25a driver's license or privilege; and notations of crash
26involvement. All other information, unless otherwise permitted

10300HB3817sam002- 663 -LRB103 30519 JDS 62533 a
1by this Code, shall remain confidential. Information released
2pursuant to a request for a driver's record shall not contain
3personally identifying information, unless the request for the
4driver's record was made for one of the purposes set forth in
5subsection (f-5) of this Section. The Secretary of State may,
6without fee, allow a parent or guardian of a person under the
7age of 18 years, who holds an instruction permit or graduated
8driver's license, to view that person's driving record online,
9through a computer connection. The parent or guardian's online
10access to the driving record will terminate when the
11instruction permit or graduated driver's license holder
12reaches the age of 18.
13 2. The Secretary of State shall not disclose or otherwise
14make available to any person or entity any highly restricted
15personal information obtained by the Secretary of State in
16connection with a driver's license, vehicle, or title
17registration record unless specifically authorized by this
18Code. The Secretary of State may certify an abstract of a
19driver's record upon written request therefor. Such
20certification shall be made under the signature of the
21Secretary of State and shall be authenticated by the Seal of
22his office.
23 3. All requests for driving record information shall be
24made in a manner prescribed by the Secretary and shall set
25forth the intended use of the requested information.
26 The Secretary of State may notify the affected driver of

10300HB3817sam002- 664 -LRB103 30519 JDS 62533 a
1the request for purchase of his driver's record as the
2Secretary deems appropriate.
3 No information shall be released to the requester until
4expiration of a 10-day period. This 10-day period shall not
5apply to requests for information made by law enforcement
6officials, government agencies, financial institutions,
7attorneys, insurers, employers, automobile associated
8businesses, persons licensed as a private detective or firms
9licensed as a private detective agency under the Private
10Detective, Private Alarm, Private Security, Fingerprint
11Vendor, and Locksmith Act of 2004, who are employed by or are
12acting on behalf of law enforcement officials, government
13agencies, financial institutions, attorneys, insurers,
14employers, automobile associated businesses, and other
15business entities for purposes consistent with the Illinois
16Vehicle Code, the affected driver or other entities as the
17Secretary may exempt by rule and regulation.
18 Any misrepresentation made by a requester of driver
19information shall be punishable as a petty offense, except in
20the case of persons licensed as a private detective or firms
21licensed as a private detective agency which shall be subject
22to disciplinary sanctions under Section 40-10 of the Private
23Detective, Private Alarm, Private Security, Fingerprint
24Vendor, and Locksmith Act of 2004.
25 4. The Secretary of State may furnish without fee, upon
26the written request of a law enforcement agency, any

10300HB3817sam002- 665 -LRB103 30519 JDS 62533 a
1information from a driver's record on file with the Secretary
2of State when such information is required in the enforcement
3of this Code or any other law relating to the operation of
4motor vehicles, including records of dispositions; documented
5information involving the use of a motor vehicle; whether such
6individual has, or previously had, a driver's license; and the
7address and personal description as reflected on said driver's
8record.
9 5. Except as otherwise provided in this Section, the
10Secretary of State may furnish, without fee, information from
11an individual driver's record on file, if a written request
12therefor is submitted by any public transit system or
13authority, public defender, law enforcement agency, a state or
14federal agency, or an Illinois local intergovernmental
15association, if the request is for the purpose of a background
16check of applicants for employment with the requesting agency,
17or for the purpose of an official investigation conducted by
18the agency, or to determine a current address for the driver so
19public funds can be recovered or paid to the driver, or for any
20other purpose set forth in subsection (f-5) of this Section.
21 The Secretary may also furnish the courts a copy of an
22abstract of a driver's record, without fee, subsequent to an
23arrest for a violation of Section 11-501 or a similar
24provision of a local ordinance. Such abstract may include
25records of dispositions; documented information involving the
26use of a motor vehicle as contained in the current file;

10300HB3817sam002- 666 -LRB103 30519 JDS 62533 a
1whether such individual has, or previously had, a driver's
2license; and the address and personal description as reflected
3on said driver's record.
4 6. Any certified abstract issued by the Secretary of State
5or transmitted electronically by the Secretary of State
6pursuant to this Section, to a court or on request of a law
7enforcement agency, for the record of a named person as to the
8status of the person's driver's license shall be prima facie
9evidence of the facts therein stated and if the name appearing
10in such abstract is the same as that of a person named in an
11information or warrant, such abstract shall be prima facie
12evidence that the person named in such information or warrant
13is the same person as the person named in such abstract and
14shall be admissible for any prosecution under this Code and be
15admitted as proof of any prior conviction or proof of records,
16notices, or orders recorded on individual driving records
17maintained by the Secretary of State.
18 7. Subject to any restrictions contained in the Juvenile
19Court Act of 1987, and upon receipt of a proper request and a
20fee as set forth in Section 6-118, the Secretary of State shall
21provide a driver's record or data contained therein to the
22affected driver, or the affected driver's attorney, upon
23verification. Such record shall contain all the information
24referred to in paragraph 1 of this subsection (g) plus: any
25recorded crash involvement as a driver; information recorded
26pursuant to subsection (e) of Section 6-117 and paragraph (4)

10300HB3817sam002- 667 -LRB103 30519 JDS 62533 a
1of subsection (a) of Section 6-204 of this Code. All other
2information, unless otherwise permitted by this Code, shall
3remain confidential.
4 (h) The Secretary shall not disclose social security
5numbers or any associated information obtained from the Social
6Security Administration except pursuant to a written request
7by, or with the prior written consent of, the individual
8except: (1) to officers and employees of the Secretary who
9have a need to know the social security numbers in performance
10of their official duties, (2) to law enforcement officials for
11a civil or criminal law enforcement investigation, and if an
12officer of the law enforcement agency has made a written
13request to the Secretary specifying the law enforcement
14investigation for which the social security numbers are being
15sought, though the Secretary retains the right to require
16additional verification regarding the validity of the request,
17(3) to the United States Department of Transportation, or any
18other State, pursuant to the administration and enforcement of
19the Commercial Motor Vehicle Safety Act of 1986 or
20participation in State-to-State verification service, (4)
21pursuant to the order of a court of competent jurisdiction,
22(5) to the Department of Healthcare and Family Services
23(formerly Department of Public Aid) for utilization in the
24child support enforcement duties assigned to that Department
25under provisions of the Illinois Public Aid Code after the
26individual has received advanced meaningful notification of

10300HB3817sam002- 668 -LRB103 30519 JDS 62533 a
1what redisclosure is sought by the Secretary in accordance
2with the federal Privacy Act, (5.5) to the Department of
3Healthcare and Family Services and the Department of Human
4Services solely for the purpose of verifying Illinois
5residency where such residency is an eligibility requirement
6for benefits under the Illinois Public Aid Code or any other
7health benefit program administered by the Department of
8Healthcare and Family Services or the Department of Human
9Services, (6) to the Illinois Department of Revenue solely for
10use by the Department in the collection of any tax or debt that
11the Department of Revenue is authorized or required by law to
12collect, provided that the Department shall not disclose the
13social security number to any person or entity outside of the
14Department, (7) to the Illinois Department of Veterans'
15Affairs for the purpose of confirming veteran status, or (8)
16the last 4 digits to the Illinois State Board of Elections for
17purposes of voter registration and as may be required pursuant
18to an agreement for a multi-state voter registration list
19maintenance system. If social security information is
20disclosed by the Secretary in accordance with this Section, no
21liability shall rest with the Office of the Secretary of State
22or any of its officers or employees, as the information is
23released for official purposes only.
24 (i) (Blank).
25 (j) Medical statements or medical reports received in the
26Secretary of State's Office shall be confidential. Except as

10300HB3817sam002- 669 -LRB103 30519 JDS 62533 a
1provided in this Section, no confidential information may be
2open to public inspection or the contents disclosed to anyone,
3except officers and employees of the Secretary who have a need
4to know the information contained in the medical reports and
5the Driver License Medical Advisory Board, unless so directed
6by an order of a court of competent jurisdiction. If the
7Secretary receives a medical report regarding a driver that
8does not address a medical condition contained in a previous
9medical report, the Secretary may disclose the unaddressed
10medical condition to the driver or his or her physician, or
11both, solely for the purpose of submission of a medical report
12that addresses the condition.
13 (k) Beginning July 1, 2023, disbursement Disbursement of
14fees collected under this Section shall be as follows: (1) of
15the $20 $12 fee for a driver's record, $11 $3 shall be paid
16into the Secretary of State Special Services Fund, and $6
17shall be paid into the General Revenue Fund; (2) 50% of the
18amounts collected under subsection (b) shall be paid into the
19General Revenue Fund; and (3) all remaining fees shall be
20disbursed under subsection (g) of Section 2-119 of this Code.
21 (l) (Blank).
22 (m) Notations of crash involvement that may be disclosed
23under this Section shall not include notations relating to
24damage to a vehicle or other property being transported by a
25tow truck. This information shall remain confidential,
26provided that nothing in this subsection (m) shall limit

10300HB3817sam002- 670 -LRB103 30519 JDS 62533 a
1disclosure of any notification of crash involvement to any law
2enforcement agency or official.
3 (n) Requests made by the news media for driver's license,
4vehicle, or title registration information may be furnished
5without charge or at a reduced charge, as determined by the
6Secretary, when the specific purpose for requesting the
7documents is deemed to be in the public interest. Waiver or
8reduction of the fee is in the public interest if the principal
9purpose of the request is to access and disseminate
10information regarding the health, safety, and welfare or the
11legal rights of the general public and is not for the principal
12purpose of gaining a personal or commercial benefit. The
13information provided pursuant to this subsection shall not
14contain personally identifying information unless the
15information is to be used for one of the purposes identified in
16subsection (f-5) of this Section.
17 (o) The redisclosure of personally identifying information
18obtained pursuant to this Section is prohibited, except to the
19extent necessary to effectuate the purpose for which the
20original disclosure of the information was permitted.
21 (p) The Secretary of State is empowered to adopt rules to
22effectuate this Section.
23(Source: P.A. 101-81, eff. 7-12-19; 101-326, eff. 8-9-19;
24102-982, eff. 7-1-23.)
25 (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)

10300HB3817sam002- 671 -LRB103 30519 JDS 62533 a
1 Sec. 3-821. Miscellaneous registration and title fees.
2 (a) Except as provided under subsection (h), the fee to be
3paid to the Secretary of State for the following certificates,
4registrations or evidences of proper registration, or for
5corrected or duplicate documents shall be in accordance with
6the following schedule:
7 Certificate of Title, except for an all-terrain
8vehicle, off-highway motorcycle, or motor home, mini
9motor home or van camper $165 $155
10 Certificate of Title for a motor home, mini motor
11home, or van camper $250
12 Certificate of Title for an all-terrain vehicle
13or off-highway motorcycle$30
14 Certificate of Title for an all-terrain vehicle
15or off-highway motorcycle used for production
16agriculture, or accepted by a dealer in trade$13
17 Certificate of Title for a low-speed vehicle$30
18 Transfer of Registration or any evidence of
19proper registration $25
20 Duplicate Registration Card for plates or other
21evidence of proper registration$3
22 Duplicate Registration Sticker or Stickers, each$20
23
24 Duplicate Certificate of Title $50
25 Corrected Registration Card or Card for other
26evidence of proper registration$3

10300HB3817sam002- 672 -LRB103 30519 JDS 62533 a
1 Corrected Certificate of Title$50
2
3 Salvage Certificate $20
4 Fleet Reciprocity Permit$15
5 Prorate Decal$1
6 Prorate Backing Plate$3
7 Special Corrected Certificate of Title$15
8 Expedited Title Service (to be charged in
9addition to other applicable fees)$30
10 Dealer Lien Release Certificate of Title$20
11 A special corrected certificate of title shall be issued
12(i) to remove a co-owner's name due to the death of the
13co-owner, to transfer title to a spouse if the decedent-spouse
14was the sole owner on the title, or due to a divorce; (ii) to
15change a co-owner's name due to a marriage; or (iii) due to a
16name change under Article XXI of the Code of Civil Procedure.
17 There shall be no fee paid for a Junking Certificate.
18 There shall be no fee paid for a certificate of title
19issued to a county when the vehicle is forfeited to the county
20under Article 36 of the Criminal Code of 2012.
21 For purposes of this Section, the fee for a corrected
22title application that also results in the issuance of a
23duplicate title shall be the same as the fee for a duplicate
24title.
25 (a-5) The Secretary of State may revoke a certificate of
26title and registration card and issue a corrected certificate

10300HB3817sam002- 673 -LRB103 30519 JDS 62533 a
1of title and registration card, at no fee to the vehicle owner
2or lienholder, if there is proof that the vehicle
3identification number is erroneously shown on the original
4certificate of title.
5 (a-10) The Secretary of State may issue, in connection
6with the sale of a motor vehicle, a corrected title to a motor
7vehicle dealer upon application and submittal of a lien
8release letter from the lienholder listed in the files of the
9Secretary. In the case of a title issued by another state, the
10dealer must submit proof from the state that issued the last
11title. The corrected title, which shall be known as a dealer
12lien release certificate of title, shall be issued in the name
13of the vehicle owner without the named lienholder. If the
14motor vehicle is currently titled in a state other than
15Illinois, the applicant must submit either (i) a letter from
16the current lienholder releasing the lien and stating that the
17lienholder has possession of the title; or (ii) a letter from
18the current lienholder releasing the lien and a copy of the
19records of the department of motor vehicles for the state in
20which the vehicle is titled, showing that the vehicle is
21titled in the name of the applicant and that no liens are
22recorded other than the lien for which a release has been
23submitted. The fee for the dealer lien release certificate of
24title is $20.
25 (b) The Secretary may prescribe the maximum service charge
26to be imposed upon an applicant for renewal of a registration

10300HB3817sam002- 674 -LRB103 30519 JDS 62533 a
1by any person authorized by law to receive and remit or
2transmit to the Secretary such renewal application and fees
3therewith.
4 (c) If payment is delivered to the Office of the Secretary
5of State as payment of any fee or tax under this Code, and such
6payment is not honored for any reason, the registrant or other
7person tendering the payment remains liable for the payment of
8such fee or tax. The Secretary of State may assess a service
9charge of $25 in addition to the fee or tax due and owing for
10all dishonored payments.
11 If the total amount then due and owing exceeds the sum of
12$100 and has not been paid in full within 60 days from the date
13the dishonored payment was first delivered to the Secretary of
14State, the Secretary of State shall assess a penalty of 25% of
15such amount remaining unpaid.
16 All amounts payable under this Section shall be computed
17to the nearest dollar. Out of each fee collected for
18dishonored payments, $5 shall be deposited in the Secretary of
19State Special Services Fund.
20 (d) The minimum fee and tax to be paid by any applicant for
21apportionment of a fleet of vehicles under this Code shall be
22$15 if the application was filed on or before the date
23specified by the Secretary together with fees and taxes due.
24If an application and the fees or taxes due are filed after the
25date specified by the Secretary, the Secretary may prescribe
26the payment of interest at the rate of 1/2 of 1% per month or

10300HB3817sam002- 675 -LRB103 30519 JDS 62533 a
1fraction thereof after such due date and a minimum of $8.
2 (e) Trucks, truck tractors, truck tractors with loads, and
3motor buses, any one of which having a combined total weight in
4excess of 12,000 lbs. shall file an application for a Fleet
5Reciprocity Permit issued by the Secretary of State. This
6permit shall be in the possession of any driver operating a
7vehicle on Illinois highways. Any foreign licensed vehicle of
8the second division operating at any time in Illinois without
9a Fleet Reciprocity Permit or other proper Illinois
10registration, shall subject the operator to the penalties
11provided in Section 3-834 of this Code. For the purposes of
12this Code, "Fleet Reciprocity Permit" means any second
13division motor vehicle with a foreign license and used only in
14interstate transportation of goods. The fee for such permit
15shall be $15 per fleet which shall include all vehicles of the
16fleet being registered.
17 (f) For purposes of this Section, "all-terrain vehicle or
18off-highway motorcycle used for production agriculture" means
19any all-terrain vehicle or off-highway motorcycle used in the
20raising of or the propagation of livestock, crops for sale for
21human consumption, crops for livestock consumption, and
22production seed stock grown for the propagation of feed grains
23and the husbandry of animals or for the purpose of providing a
24food product, including the husbandry of blood stock as a main
25source of providing a food product. "All-terrain vehicle or
26off-highway motorcycle used in production agriculture" also

10300HB3817sam002- 676 -LRB103 30519 JDS 62533 a
1means any all-terrain vehicle or off-highway motorcycle used
2in animal husbandry, floriculture, aquaculture, horticulture,
3and viticulture.
4 (g) All of the proceeds of the additional fees imposed by
5Public Act 96-34 shall be deposited into the Capital Projects
6Fund.
7 (h) The fee for a duplicate registration sticker or
8stickers shall be the amount required under subsection (a) or
9the vehicle's annual registration fee amount, whichever is
10less.
11 (i) All of the proceeds of (1) the additional fees imposed
12by Public Act 101-32, and (2) the $5 additional fee imposed by
13this amendatory Act of the 102nd General Assembly for a
14certificate of title for a motor vehicle other than an
15all-terrain vehicle, off-highway motorcycle, or motor home,
16mini motor home, or van camper shall be deposited into the Road
17Fund.
18 (j) Beginning July 1, 2023, the $10 additional fee imposed
19by this amendatory Act of the 103rd General Assembly for a
20Certificate of Title shall be deposited into the Secretary of
21State Special Services Fund.
22(Source: P.A. 101-32, eff. 6-28-19; 101-604, eff. 12-13-19;
23101-636, eff. 6-10-20; 102-353, eff. 1-1-22.)
24 (625 ILCS 5/6-118)
25 Sec. 6-118. Fees.

10300HB3817sam002- 677 -LRB103 30519 JDS 62533 a
1 (a) The fees for licenses and permits under this Article
2are as follows:
3 Original driver's license.............................$30
4 Original or renewal driver's license
5 issued to 18, 19 and 20 year olds.................. 5
6 All driver's licenses for persons
7 age 69 through age 80.............................. 5
8 All driver's licenses for persons
9 age 81 through age 86.............................. 2
10 All driver's licenses for persons
11 age 87 or older.....................................0
12 Renewal driver's license (except for
13 applicants ages 18, 19 and 20 or
14 age 69 and older)..................................30
15 Original instruction permit issued to
16 persons (except those age 69 and older)
17 who do not hold or have not previously
18 held an Illinois instruction permit or
19 driver's license.................................. 20
20 Instruction permit issued to any person
21 holding an Illinois driver's license
22 who wishes a change in classifications,
23 other than at the time of renewal.................. 5
24 Any instruction permit issued to a person
25 age 69 and older................................... 5
26 Instruction permit issued to any person,

10300HB3817sam002- 678 -LRB103 30519 JDS 62533 a
1 under age 69, not currently holding a
2 valid Illinois driver's license or
3 instruction permit but who has
4 previously been issued either document
5 in Illinois....................................... 10
6 Restricted driving permit.............................. 8
7 Monitoring device driving permit...................... 8
8 Duplicate or corrected driver's license
9 or permit.......................................... 5
10 Duplicate or corrected restricted
11 driving permit..................................... 5
12 Duplicate or corrected monitoring
13 device driving permit.................................. 5
14 Duplicate driver's license or permit issued to
15 an active-duty member of the
16 United States Armed Forces,
17 the member's spouse, or
18 the dependent children living
19 with the member................................... 0
20 Original or renewal M or L endorsement................. 5
21SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
22 The fees for commercial driver licenses and permits
23 under Article V shall be as follows:
24 Commercial driver's license:
25 $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
26 (Commercial Driver's License Information

10300HB3817sam002- 679 -LRB103 30519 JDS 62533 a
1 System/American Association of Motor Vehicle
2 Administrators network/National Motor Vehicle
3 Title Information Service Trust Fund);
4 $20 for the Motor Carrier Safety Inspection Fund;
5 $10 for the driver's license;
6 and $24 for the CDL:............................. $60
7 Renewal commercial driver's license:
8 $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
9 $20 for the Motor Carrier Safety Inspection Fund;
10 $10 for the driver's license; and
11 $24 for the CDL:................................. $60
12 Commercial learner's permit
13 issued to any person holding a valid
14 Illinois driver's license for the
15 purpose of changing to a
16 CDL classification: $6 for the
17 CDLIS/AAMVAnet/NMVTIS Trust Fund;
18 $20 for the Motor Carrier
19 Safety Inspection Fund; and
20 $24 for the CDL classification................... $50
21 Commercial learner's permit
22 issued to any person holding a valid
23 Illinois CDL for the purpose of
24 making a change in a classification,
25 endorsement or restriction........................ $5
26 CDL duplicate or corrected license.................... $5

10300HB3817sam002- 680 -LRB103 30519 JDS 62533 a
1 In order to ensure the proper implementation of the
2Uniform Commercial Driver License Act, Article V of this
3Chapter, the Secretary of State is empowered to prorate the
4$24 fee for the commercial driver's license proportionate to
5the expiration date of the applicant's Illinois driver's
6license.
7 The fee for any duplicate license or permit shall be
8waived for any person who presents the Secretary of State's
9office with a police report showing that his license or permit
10was stolen.
11 The fee for any duplicate license or permit shall be
12waived for any person age 60 or older whose driver's license or
13permit has been lost or stolen.
14 No additional fee shall be charged for a driver's license,
15or for a commercial driver's license, when issued to the
16holder of an instruction permit for the same classification or
17type of license who becomes eligible for such license.
18 The fee for a restricted driving permit under this
19subsection (a) shall be imposed annually until the expiration
20of the permit.
21 (a-5) The fee for a driver's record or data contained
22therein is $20 and shall be disbursed as set forth in
23subsection (k) of Section 2-123 of this Code $12.
24 (b) Any person whose license or privilege to operate a
25motor vehicle in this State has been suspended or revoked
26under Section 3-707, any provision of Chapter 6, Chapter 11,

10300HB3817sam002- 681 -LRB103 30519 JDS 62533 a
1or Section 7-205, 7-303, or 7-702 of the Family Financial
2Responsibility Law of this Code, shall in addition to any
3other fees required by this Code, pay a reinstatement fee as
4follows:
5 Suspension under Section 3-707..................... $100
6 Suspension under Section 11-1431....................$100
7 Summary suspension under Section 11-501.1...........$250
8 Suspension under Section 11-501.9...................$250
9 Summary revocation under Section 11-501.1............$500
10 Other suspension......................................$70
11 Revocation...........................................$500
12 However, any person whose license or privilege to operate
13a motor vehicle in this State has been suspended or revoked for
14a second or subsequent time for a violation of Section 11-501,
1511-501.1, or 11-501.9 of this Code or a similar provision of a
16local ordinance or a similar out-of-state offense or Section
179-3 of the Criminal Code of 1961 or the Criminal Code of 2012
18and each suspension or revocation was for a violation of
19Section 11-501, 11-501.1, or 11-501.9 of this Code or a
20similar provision of a local ordinance or a similar
21out-of-state offense or Section 9-3 of the Criminal Code of
221961 or the Criminal Code of 2012 shall pay, in addition to any
23other fees required by this Code, a reinstatement fee as
24follows:
25 Summary suspension under Section 11-501.1............$500
26 Suspension under Section 11-501.9...................$500

10300HB3817sam002- 682 -LRB103 30519 JDS 62533 a
1 Summary revocation under Section 11-501.1............$500
2 Revocation...........................................$500
3 (c) All fees collected under the provisions of this
4Chapter 6 shall be disbursed under subsection (g) of Section
52-119 of this Code, except as follows:
6 1. The following amounts shall be paid into the
7 Drivers Education Fund:
8 (A) $16 of the $20 fee for an original driver's
9 instruction permit;
10 (B) $5 of the $30 fee for an original driver's
11 license;
12 (C) $5 of the $30 fee for a 4 year renewal driver's
13 license;
14 (D) $4 of the $8 fee for a restricted driving
15 permit; and
16 (E) $4 of the $8 fee for a monitoring device
17 driving permit.
18 2. $30 of the $250 fee for reinstatement of a license
19 summarily suspended under Section 11-501.1 or suspended
20 under Section 11-501.9 shall be deposited into the Drunk
21 and Drugged Driving Prevention Fund. However, for a person
22 whose license or privilege to operate a motor vehicle in
23 this State has been suspended or revoked for a second or
24 subsequent time for a violation of Section 11-501,
25 11-501.1, or 11-501.9 of this Code or Section 9-3 of the
26 Criminal Code of 1961 or the Criminal Code of 2012, $190 of

10300HB3817sam002- 683 -LRB103 30519 JDS 62533 a
1 the $500 fee for reinstatement of a license summarily
2 suspended under Section 11-501.1 or suspended under
3 Section 11-501.9, and $190 of the $500 fee for
4 reinstatement of a revoked license shall be deposited into
5 the Drunk and Drugged Driving Prevention Fund. $190 of the
6 $500 fee for reinstatement of a license summarily revoked
7 pursuant to Section 11-501.1 shall be deposited into the
8 Drunk and Drugged Driving Prevention Fund.
9 3. $6 of the original or renewal fee for a commercial
10 driver's license and $6 of the commercial learner's permit
11 fee when the permit is issued to any person holding a valid
12 Illinois driver's license, shall be paid into the
13 CDLIS/AAMVAnet/NMVTIS Trust Fund.
14 4. $30 of the $70 fee for reinstatement of a license
15 suspended under the Family Financial Responsibility Law
16 shall be paid into the Family Responsibility Fund.
17 5. The $5 fee for each original or renewal M or L
18 endorsement shall be deposited into the Cycle Rider Safety
19 Training Fund.
20 6. $20 of any original or renewal fee for a commercial
21 driver's license or commercial learner's permit shall be
22 paid into the Motor Carrier Safety Inspection Fund.
23 7. The following amounts shall be paid into the
24 General Revenue Fund:
25 (A) $190 of the $250 reinstatement fee for a
26 summary suspension under Section 11-501.1 or a

10300HB3817sam002- 684 -LRB103 30519 JDS 62533 a
1 suspension under Section 11-501.9;
2 (B) $40 of the $70 reinstatement fee for any other
3 suspension provided in subsection (b) of this Section;
4 and
5 (C) $440 of the $500 reinstatement fee for a first
6 offense revocation and $310 of the $500 reinstatement
7 fee for a second or subsequent revocation.
8 8. Fees collected under paragraph (4) of subsection
9 (d) and subsection (h) of Section 6-205 of this Code;
10 subparagraph (C) of paragraph 3 of subsection (c) of
11 Section 6-206 of this Code; and paragraph (4) of
12 subsection (a) of Section 6-206.1 of this Code, shall be
13 paid into the funds set forth in those Sections.
14 (d) All of the proceeds of the additional fees imposed by
15this amendatory Act of the 96th General Assembly shall be
16deposited into the Capital Projects Fund.
17 (e) The additional fees imposed by this amendatory Act of
18the 96th General Assembly shall become effective 90 days after
19becoming law. The additional fees imposed by this amendatory
20Act of the 103rd General Assembly shall become effective July
211, 2023 and shall be paid into the Secretary of State Special
22Services Fund.
23 (f) As used in this Section, "active-duty member of the
24United States Armed Forces" means a member of the Armed
25Services or Reserve Forces of the United States or a member of
26the Illinois National Guard who is called to active duty

10300HB3817sam002- 685 -LRB103 30519 JDS 62533 a
1pursuant to an executive order of the President of the United
2States, an act of the Congress of the United States, or an
3order of the Governor.
4(Source: P.A. 100-590, eff. 6-8-18; 100-803, eff. 1-1-19;
5101-81, eff. 7-12-19.)
6
ARTICLE 99.
7 Section 99-5. The State Employees Group Insurance Act of
81971 is amended by changing Section 6.11 and adding Sections
96.11B and 6.11C as follows:
10 (5 ILCS 375/6.11)
11 (Text of Section before amendment by P.A. 102-768)
12 Sec. 6.11. Required health benefits; Illinois Insurance
13Code requirements. The program of health benefits shall
14provide the post-mastectomy care benefits required to be
15covered by a policy of accident and health insurance under
16Section 356t of the Illinois Insurance Code. The program of
17health benefits shall provide the coverage required under
18Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
19356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
20356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
21356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
22356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
23356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 of

10300HB3817sam002- 686 -LRB103 30519 JDS 62533 a
1the Illinois Insurance Code. The program of health benefits
2must comply with Sections 155.22a, 155.37, 355b, 356z.19,
3370c, and 370c.1 and Article XXXIIB of the Illinois Insurance
4Code. The program of health benefits shall provide the
5coverage required under Section 356m of the Illinois Insurance
6Code and, for the employees of the State Employee Group
7Insurance Program only, the coverage as also provided in
8Section 6.11B of this Act. The Department of Insurance shall
9enforce the requirements of this Section with respect to
10Sections 370c and 370c.1 of the Illinois Insurance Code; all
11other requirements of this Section shall be enforced by the
12Department of Central Management Services.
13 Rulemaking authority to implement Public Act 95-1045, if
14any, is conditioned on the rules being adopted in accordance
15with all provisions of the Illinois Administrative Procedure
16Act and all rules and procedures of the Joint Committee on
17Administrative Rules; any purported rule not so adopted, for
18whatever reason, is unauthorized.
19(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;
20101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
211-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103,
22eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
23102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
241-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,
25eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
26revised 12-13-22.)

10300HB3817sam002- 687 -LRB103 30519 JDS 62533 a
1 (Text of Section after amendment by P.A. 102-768)
2 Sec. 6.11. Required health benefits; Illinois Insurance
3Code requirements. The program of health benefits shall
4provide the post-mastectomy care benefits required to be
5covered by a policy of accident and health insurance under
6Section 356t of the Illinois Insurance Code. The program of
7health benefits shall provide the coverage required under
8Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
9356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
10356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
11356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
12356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
13356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, and
14356z.60 of the Illinois Insurance Code. The program of health
15benefits must comply with Sections 155.22a, 155.37, 355b,
16356z.19, 370c, and 370c.1 and Article XXXIIB of the Illinois
17Insurance Code. The program of health benefits shall provide
18the coverage required under Section 356m of the Illinois
19Insurance Code and, for the employees of the State Employee
20Group Insurance Program only, the coverage as also provided in
21Section 6.11B of this Act. The Department of Insurance shall
22enforce the requirements of this Section with respect to
23Sections 370c and 370c.1 of the Illinois Insurance Code; all
24other requirements of this Section shall be enforced by the
25Department of Central Management Services.

10300HB3817sam002- 688 -LRB103 30519 JDS 62533 a
1 Rulemaking authority to implement Public Act 95-1045, if
2any, is conditioned on the rules being adopted in accordance
3with all provisions of the Illinois Administrative Procedure
4Act and all rules and procedures of the Joint Committee on
5Administrative Rules; any purported rule not so adopted, for
6whatever reason, is unauthorized.
7(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;
8101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
91-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103,
10eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
11102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
121-1-23; 102-768, eff. 1-1-24; 102-804, eff. 1-1-23; 102-813,
13eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23;
14102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.)
15 (5 ILCS 375/6.11B new)
16 Sec. 6.11B. Infertility coverage.
17 (a) Beginning on January 1, 2024, the State Employees
18Group Insurance Program shall provide coverage for the
19diagnosis and treatment of infertility, including, but not
20limited to, in vitro fertilization, uterine embryo lavage,
21embryo transfer, artificial insemination, gamete
22intrafallopian tube transfer, zygote intrafallopian tube
23transfer, and low tubal ovum transfer. The coverage required
24shall include procedures necessary to screen or diagnose a
25fertilized egg before implantation, including, but not limited

10300HB3817sam002- 689 -LRB103 30519 JDS 62533 a
1to, preimplantation genetic diagnosis, preimplantation genetic
2screening, and prenatal genetic diagnosis.
3 (b) Beginning on January 1, 2024, coverage under this
4Section for procedures for in vitro fertilization, gamete
5intrafallopian tube transfer, or zygote intrafallopian tube
6transfer shall be required only if the procedures:
7 (1) are considered medically appropriate based on
8 clinical guidelines or standards developed by the American
9 Society for Reproductive Medicine, the American College of
10 Obstetricians and Gynecologists, or the Society for
11 Assisted Reproductive Technology; and
12 (2) are performed at medical facilities or clinics
13 that conform to the American College of Obstetricians and
14 Gynecologists guidelines for in vitro fertilization or the
15 American Society for Reproductive Medicine minimum
16 standards for practices offering assisted reproductive
17 technologies.
18 (c) Beginning on January 1, 2024, coverage under this
19Section for procedures for in vitro fertilization, gamete
20intrafallopian tube transfer, or zygote intrafallopian tube
21transfer shall be required only if:
22 (1) the covered individual has been unable to attain a
23 viable pregnancy, maintain a viable pregnancy, or sustain
24 a successful pregnancy through reasonable, less costly
25 medically appropriate infertility treatments for which
26 coverage is available under the policy, plan, or contract;

10300HB3817sam002- 690 -LRB103 30519 JDS 62533 a
1 (2) the covered individual has not undergone 4
2 completed oocyte retrievals, except that if a live birth
3 follows a completed oocyte retrieval, then 2 more
4 completed oocyte retrievals shall be covered; and
5 (3) the procedures are performed at medical facilities
6 that conform to the American College of Obstetric and
7 Gynecology guidelines for in vitro fertilization clinics
8 or to the American Fertility Society minimal standards for
9 programs of in vitro fertilization.
10 (d) As used in this Section, "infertility" means a
11disease, condition, or status characterized by:
12 (1) a failure to establish a pregnancy or to carry a
13 pregnancy to live birth after 12 months of regular,
14 unprotected sexual intercourse if the woman is 35 years of
15 age or younger, or after 6 months of regular, unprotected
16 sexual intercourse if the woman is over 35 years of age;
17 conceiving but having a miscarriage does not restart the
18 12-month or 6-month term for determining infertility;
19 (2) a person's inability to reproduce either as a
20 single individual or with a partner without medical
21 intervention; or
22 (3) a licensed physician's findings based on a
23 patient's medical, sexual, and reproductive history, age,
24 physical findings, or diagnostic testing.
25 (e) The State Employees Group Insurance Program may not
26impose any exclusions, limitations, or other restrictions on

10300HB3817sam002- 691 -LRB103 30519 JDS 62533 a
1coverage of fertility medications that are different from
2those imposed on any other prescription medications, nor may
3it impose any exclusions, limitations, or other restrictions
4on coverage of any fertility services based on a covered
5individual's participation in fertility services provided by
6or to a third party, nor may it impose deductibles,
7copayments, coinsurance, benefit maximums, waiting periods, or
8any other limitations on coverage for the diagnosis of
9infertility, treatment for infertility, and standard fertility
10preservation services, except as provided in this Section,
11that are different from those imposed upon benefits for
12services not related to infertility.
13 (5 ILCS 375/6.11C new)
14 Sec. 6.11C. Coverage for injectable medicines to improve
15glucose or weight loss. Beginning on January 1, 2024, the
16State Employees Group Insurance Program shall provide coverage
17for all types of injectable medicines prescribed on-label or
18off-label to improve glucose or weight loss for use by adults
19diagnosed or previously diagnosed with prediabetes,
20gestational diabetes, or obesity. To continue to qualify for
21coverage under this Section, covered members must participate
22in a lifestyle management plan administered by their health
23plan. This Section does not apply to individuals covered by a
24Medicare Advantage Prescription Drug Plan.

10300HB3817sam002- 692 -LRB103 30519 JDS 62533 a
1
ARTICLE 100.
2 Section 100-5. The Counties Code is amended by changing
3Section 3-4014 as follows:
4 (55 ILCS 5/3-4014)
5 Sec. 3-4014. Public Defender Fund defender grant program.
6 (a) (Blank). Subject to appropriation, the Administrative
7Office of the Illinois Courts shall establish a grant program
8for counties with a population of 3,000,000 or less for the
9purpose of training and hiring attorneys on contract to assist
10the county public defender in pretrial detention hearings. The
11Administrative Office of the Illinois Courts may establish, by
12rule, administrative procedures for the grant program,
13including application procedures and requirements concerning
14grant agreements, certifications, payment methodologies, and
15other accountability measures that may be imposed upon
16participants in the program. Emergency rules may be adopted to
17implement the program in accordance with Section 5-45 of the
18Illinois Administrative Procedure Act.
19 (b) The Public Defender Fund is created as a special fund
20in the State treasury. All money in the Public Defender Fund
21shall be used, subject to appropriation, by the Illinois
22Supreme Court to provide funding to counties with a population
23of 3,000,000 or less for public defenders and public defender
24services pursuant to this Section 3-4014.

10300HB3817sam002- 693 -LRB103 30519 JDS 62533 a
1(Source: P.A. 102-1104, eff. 12-6-22.)
2
ARTICLE 105.
3 Section 105-5. The School Code is amended by changing
4Section 2-3.192 as follows:
5 (105 ILCS 5/2-3.192)
6 (Section scheduled to be repealed on July 1, 2023)
7 Sec. 2-3.192. Significant loss grant program. Subject to
8specific State appropriation, the State Board shall make
9Significant Loss Grants available to school districts that
10meet all of the following requirements:
11 (1) The district has been affected by a recent
12 substantial loss of contributions from a single taxpayer
13 that resulted in either a significant loss of the overall
14 district Equalized Assessed Value or a significant loss in
15 property tax revenue from January 1, 2018 through the
16 effective date of this amendatory Act of the 102nd General
17 Assembly.
18 (2) The district's total equalized assessed value is
19 significantly derived from a single taxpayer.
20 (3) The district's administrative office is located in
21 a county with less than 30,000 inhabitants.
22 (4) The district has a total student enrollment of
23 less than 500 students as published on the most recent

10300HB3817sam002- 694 -LRB103 30519 JDS 62533 a
1 Illinois School Report Card.
2 (5) The district has a low income concentration of at
3 least 45% as published on the most recent Illinois School
4 Report Card.
5 The Professional Review Panel shall make recommendations
6to the State Board regarding grant eligibility and
7allocations. The State Board shall determine grant eligibility
8and allocations. This Section is repealed on July 1, 2024
92023.
10(Source: P.A. 102-699, eff. 4-19-22.)
11
ARTICLE 110.
12 Section 110-5. The Illinois Gambling Act is amended by
13changing Section 13 as follows:
14 (230 ILCS 10/13) (from Ch. 120, par. 2413)
15 Sec. 13. Wagering tax; rate; distribution.
16 (a) Until January 1, 1998, a tax is imposed on the adjusted
17gross receipts received from gambling games authorized under
18this Act at the rate of 20%.
19 (a-1) From January 1, 1998 until July 1, 2002, a privilege
20tax is imposed on persons engaged in the business of
21conducting riverboat gambling operations, based on the
22adjusted gross receipts received by a licensed owner from
23gambling games authorized under this Act at the following

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1rates:
2 15% of annual adjusted gross receipts up to and
3 including $25,000,000;
4 20% of annual adjusted gross receipts in excess of
5 $25,000,000 but not exceeding $50,000,000;
6 25% of annual adjusted gross receipts in excess of
7 $50,000,000 but not exceeding $75,000,000;
8 30% of annual adjusted gross receipts in excess of
9 $75,000,000 but not exceeding $100,000,000;
10 35% of annual adjusted gross receipts in excess of
11 $100,000,000.
12 (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
13is imposed on persons engaged in the business of conducting
14riverboat gambling operations, other than licensed managers
15conducting riverboat gambling operations on behalf of the
16State, based on the adjusted gross receipts received by a
17licensed owner from gambling games authorized under this Act
18at 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;

10300HB3817sam002- 696 -LRB103 30519 JDS 62533 a
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 (a-3) Beginning July 1, 2003, a privilege tax is imposed
8on persons engaged in the business of conducting riverboat
9gambling operations, other than licensed managers conducting
10riverboat gambling operations on behalf of the State, based on
11the adjusted gross receipts received by a licensed owner from
12gambling games authorized under this Act at the following
13rates:
14 15% of annual adjusted gross receipts up to and
15 including $25,000,000;
16 27.5% of annual adjusted gross receipts in excess of
17 $25,000,000 but not exceeding $37,500,000;
18 32.5% of annual adjusted gross receipts in excess of
19 $37,500,000 but not exceeding $50,000,000;
20 37.5% of annual adjusted gross receipts in excess of
21 $50,000,000 but not exceeding $75,000,000;
22 45% of annual adjusted gross receipts in excess of
23 $75,000,000 but not exceeding $100,000,000;
24 50% of annual adjusted gross receipts in excess of
25 $100,000,000 but not exceeding $250,000,000;
26 70% of annual adjusted gross receipts in excess of

10300HB3817sam002- 697 -LRB103 30519 JDS 62533 a
1 $250,000,000.
2 An amount equal to the amount of wagering taxes collected
3under this subsection (a-3) that are in addition to the amount
4of wagering taxes that would have been collected if the
5wagering tax rates under subsection (a-2) were in effect shall
6be paid into the Common School Fund.
7 The privilege tax imposed under this subsection (a-3)
8shall no longer be imposed beginning on the earlier of (i) July
91, 2005; (ii) the first date after June 20, 2003 that riverboat
10gambling operations are conducted pursuant to a dormant
11license; or (iii) the first day that riverboat gambling
12operations are conducted under the authority of an owners
13license that is in addition to the 10 owners licenses
14initially authorized under this Act. For the purposes of this
15subsection (a-3), the term "dormant license" means an owners
16license that is authorized by this Act under which no
17riverboat gambling operations are being conducted on June 20,
182003.
19 (a-4) Beginning on the first day on which the tax imposed
20under subsection (a-3) is no longer imposed and ending upon
21the imposition of the privilege tax under subsection (a-5) of
22this Section, a privilege tax is imposed on persons engaged in
23the business of conducting gambling operations, other than
24licensed managers conducting riverboat gambling operations on
25behalf of the State, based on the adjusted gross receipts
26received by a licensed owner from gambling games authorized

10300HB3817sam002- 698 -LRB103 30519 JDS 62533 a
1under this Act at the following rates:
2 15% of annual adjusted gross receipts up to and
3 including $25,000,000;
4 22.5% of annual adjusted gross receipts in excess of
5 $25,000,000 but not exceeding $50,000,000;
6 27.5% of annual adjusted gross receipts in excess of
7 $50,000,000 but not exceeding $75,000,000;
8 32.5% of annual adjusted gross receipts in excess of
9 $75,000,000 but not exceeding $100,000,000;
10 37.5% of annual adjusted gross receipts in excess of
11 $100,000,000 but not exceeding $150,000,000;
12 45% of annual adjusted gross receipts in excess of
13 $150,000,000 but not exceeding $200,000,000;
14 50% of annual adjusted gross receipts in excess of
15 $200,000,000.
16 For the imposition of the privilege tax in this subsection
17(a-4), amounts paid pursuant to item (1) of subsection (b) of
18Section 56 of the Illinois Horse Racing Act of 1975 shall not
19be included in the determination of adjusted gross receipts.
20 (a-5)(1) Beginning on July 1, 2020, a privilege tax is
21imposed on persons engaged in the business of conducting
22gambling operations, other than the owners licensee under
23paragraph (1) of subsection (e-5) of Section 7 and licensed
24managers conducting riverboat gambling operations on behalf of
25the State, based on the adjusted gross receipts received by
26such licensee from the gambling games authorized under this

10300HB3817sam002- 699 -LRB103 30519 JDS 62533 a
1Act. The privilege tax for all gambling games other than table
2games, including, but not limited to, slot machines, video
3game of chance gambling, and electronic gambling games shall
4be at the following rates:
5 15% of annual adjusted gross receipts up to and
6 including $25,000,000;
7 22.5% of annual adjusted gross receipts in excess of
8 $25,000,000 but not exceeding $50,000,000;
9 27.5% of annual adjusted gross receipts in excess of
10 $50,000,000 but not exceeding $75,000,000;
11 32.5% of annual adjusted gross receipts in excess of
12 $75,000,000 but not exceeding $100,000,000;
13 37.5% of annual adjusted gross receipts in excess of
14 $100,000,000 but not exceeding $150,000,000;
15 45% of annual adjusted gross receipts in excess of
16 $150,000,000 but not exceeding $200,000,000;
17 50% of annual adjusted gross receipts in excess of
18 $200,000,000.
19 The privilege tax for table games shall be at the
20following rates:
21 15% of annual adjusted gross receipts up to and
22 including $25,000,000;
23 20% of annual adjusted gross receipts in excess of
24 $25,000,000.
25 For the imposition of the privilege tax in this subsection
26(a-5), amounts paid pursuant to item (1) of subsection (b) of

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1Section 56 of the Illinois Horse Racing Act of 1975 shall not
2be included in the determination of adjusted gross receipts.
3 (2) Beginning on the first day that an owners licensee
4under paragraph (1) of subsection (e-5) of Section 7 conducts
5gambling operations, either in a temporary facility or a
6permanent facility, a privilege tax is imposed on persons
7engaged in the business of conducting gambling operations
8under paragraph (1) of subsection (e-5) of Section 7, other
9than licensed managers conducting riverboat gambling
10operations on behalf of the State, based on the adjusted gross
11receipts received by such licensee from the gambling games
12authorized under this Act. The privilege tax for all gambling
13games other than table games, including, but not limited to,
14slot machines, video game of chance gambling, and electronic
15gambling games shall be at the following rates:
16 12% of annual adjusted gross receipts up to and
17 including $25,000,000 to the State and 10.5% of annual
18 adjusted gross receipts up to and including $25,000,000 to
19 the City of Chicago;
20 16% of annual adjusted gross receipts in excess of
21 $25,000,000 but not exceeding $50,000,000 to the State and
22 14% of annual adjusted gross receipts in excess of
23 $25,000,000 but not exceeding $50,000,000 to the City of
24 Chicago;
25 20.1% of annual adjusted gross receipts in excess of
26 $50,000,000 but not exceeding $75,000,000 to the State and

10300HB3817sam002- 701 -LRB103 30519 JDS 62533 a
1 17.4% of annual adjusted gross receipts in excess of
2 $50,000,000 but not exceeding $75,000,000 to the City of
3 Chicago;
4 21.4% of annual adjusted gross receipts in excess of
5 $75,000,000 but not exceeding $100,000,000 to the State
6 and 18.6% of annual adjusted gross receipts in excess of
7 $75,000,000 but not exceeding $100,000,000 to the City of
8 Chicago;
9 22.7% of annual adjusted gross receipts in excess of
10 $100,000,000 but not exceeding $150,000,000 to the State
11 and 19.8% of annual adjusted gross receipts in excess of
12 $100,000,000 but not exceeding $150,000,000 to the City of
13 Chicago;
14 24.1% of annual adjusted gross receipts in excess of
15 $150,000,000 but not exceeding $225,000,000 to the State
16 and 20.9% of annual adjusted gross receipts in excess of
17 $150,000,000 but not exceeding $225,000,000 to the City of
18 Chicago;
19 26.8% of annual adjusted gross receipts in excess of
20 $225,000,000 but not exceeding $1,000,000,000 to the State
21 and 23.2% of annual adjusted gross receipts in excess of
22 $225,000,000 but not exceeding $1,000,000,000 to the City
23 of Chicago;
24 40% of annual adjusted gross receipts in excess of
25 $1,000,000,000 to the State and 34.7% of annual gross
26 receipts in excess of $1,000,000,000 to the City of

10300HB3817sam002- 702 -LRB103 30519 JDS 62533 a
1 Chicago.
2 The privilege tax for table games shall be at the
3following rates:
4 8.1% of annual adjusted gross receipts up to and
5 including $25,000,000 to the State and 6.9% of annual
6 adjusted gross receipts up to and including $25,000,000 to
7 the City of Chicago;
8 10.7% of annual adjusted gross receipts in excess of
9 $25,000,000 but not exceeding $75,000,000 to the State and
10 9.3% of annual adjusted gross receipts in excess of
11 $25,000,000 but not exceeding $75,000,000 to the City of
12 Chicago;
13 11.2% of annual adjusted gross receipts in excess of
14 $75,000,000 but not exceeding $175,000,000 to the State
15 and 9.8% of annual adjusted gross receipts in excess of
16 $75,000,000 but not exceeding $175,000,000 to the City of
17 Chicago;
18 13.5% of annual adjusted gross receipts in excess of
19 $175,000,000 but not exceeding $225,000,000 to the State
20 and 11.5% of annual adjusted gross receipts in excess of
21 $175,000,000 but not exceeding $225,000,000 to the City of
22 Chicago;
23 15.1% of annual adjusted gross receipts in excess of
24 $225,000,000 but not exceeding $275,000,000 to the State
25 and 12.9% of annual adjusted gross receipts in excess of
26 $225,000,000 but not exceeding $275,000,000 to the City of

10300HB3817sam002- 703 -LRB103 30519 JDS 62533 a
1 Chicago;
2 16.2% of annual adjusted gross receipts in excess of
3 $275,000,000 but not exceeding $375,000,000 to the State
4 and 13.8% of annual adjusted gross receipts in excess of
5 $275,000,000 but not exceeding $375,000,000 to the City of
6 Chicago;
7 18.9% of annual adjusted gross receipts in excess of
8 $375,000,000 to the State and 16.1% of annual gross
9 receipts in excess of $375,000,000 to the City of Chicago.
10 For the imposition of the privilege tax in this subsection
11(a-5), amounts paid pursuant to item (1) of subsection (b) of
12Section 56 of the Illinois Horse Racing Act of 1975 shall not
13be included in the determination of adjusted gross receipts.
14 (3) Notwithstanding the provisions of this subsection
15(a-5), for the first 10 years that the privilege tax is imposed
16under this subsection (a-5) or until the year preceding the
17calendar year in which paragraph (4) becomes operative,
18whichever occurs first, the privilege tax shall be imposed on
19the modified annual adjusted gross receipts of a riverboat or
20casino conducting gambling operations in the City of East St.
21Louis, unless:
22 (1) the riverboat or casino fails to employ at least
23 450 people, except no minimum employment shall be required
24 during 2020 and 2021 or during periods that the riverboat
25 or casino is closed on orders of State officials for
26 public health emergencies or other emergencies not caused

10300HB3817sam002- 704 -LRB103 30519 JDS 62533 a
1 by the riverboat or casino;
2 (2) the riverboat or casino fails to maintain
3 operations in a manner consistent with this Act or is not a
4 viable riverboat or casino subject to the approval of the
5 Board; or
6 (3) the owners licensee is not an entity in which
7 employees participate in an employee stock ownership plan
8 or in which the owners licensee sponsors a 401(k)
9 retirement plan and makes a matching employer contribution
10 equal to at least one-quarter of the first 12% or one-half
11 of the first 6% of each participating employee's
12 contribution, not to exceed any limitations under federal
13 laws and regulations.
14 (4) Notwithstanding the provisions of this subsection
15(a-5), for 10 calendar years beginning in the year that
16gambling operations commence either in a temporary or
17permanent facility at an organization gaming facility located
18in the City of Collinsville if the facility commences
19operations within 3 years of the effective date of this
20amendatory Act of the 103rd General Assembly, the privilege
21tax imposed under this subsection (a-5) on a riverboat or
22casino conducting gambling operations in the City of East St.
23Louis shall be reduced, if applicable, by an amount equal to
24the difference in adjusted gross receipts for the 2022
25calendar year less the current year's adjusted gross receipts,
26unless:

10300HB3817sam002- 705 -LRB103 30519 JDS 62533 a
1 (A) the riverboat or casino fails to employ at least
2 350 people, except that no minimum employment shall be
3 required during periods that the riverboat or casino is
4 closed on orders of State officials for public health
5 emergencies or other emergencies not caused by the
6 riverboat or casino;
7 (B) the riverboat or casino fails to maintain
8 operations in a manner consistent with this Act or is not a
9 viable riverboat or casino subject to the approval of the
10 Board; or
11 (C) the riverboat or casino fails to submit audited
12 financial statements to the Board prepared by an
13 accounting firm that has been preapproved by the Board and
14 such statements were prepared in accordance with the
15 provisions of the Financial Accounting Standards Board
16 Accounting Standards Codification under nongovernmental
17 accounting principles generally accepted in the United
18 States.
19 As used in this subsection (a-5), "modified annual
20adjusted gross receipts" means:
21 (A) for calendar year 2020, the annual adjusted gross
22 receipts for the current year minus the difference between
23 an amount equal to the average annual adjusted gross
24 receipts from a riverboat or casino conducting gambling
25 operations in the City of East St. Louis for 2014, 2015,
26 2016, 2017, and 2018 and the annual adjusted gross

10300HB3817sam002- 706 -LRB103 30519 JDS 62533 a
1 receipts for 2018;
2 (B) for calendar year 2021, the annual adjusted gross
3 receipts for the current year minus the difference between
4 an amount equal to the average annual adjusted gross
5 receipts from a riverboat or casino conducting gambling
6 operations in the City of East St. Louis for 2014, 2015,
7 2016, 2017, and 2018 and the annual adjusted gross
8 receipts for 2019; and
9 (C) for calendar years 2022 through 2029, the annual
10 adjusted gross receipts for the current year minus the
11 difference between an amount equal to the average annual
12 adjusted gross receipts from a riverboat or casino
13 conducting gambling operations in the City of East St.
14 Louis for 3 years preceding the current year and the
15 annual adjusted gross receipts for the immediately
16 preceding year.
17 (a-6) From June 28, 2019 (the effective date of Public Act
18101-31) until June 30, 2023, an owners licensee that conducted
19gambling operations prior to January 1, 2011 shall receive a
20dollar-for-dollar credit against the tax imposed under this
21Section for any renovation or construction costs paid by the
22owners licensee, but in no event shall the credit exceed
23$2,000,000.
24 Additionally, from June 28, 2019 (the effective date of
25Public Act 101-31) until December 31, 2024, an owners licensee
26that (i) is located within 15 miles of the Missouri border, and

10300HB3817sam002- 707 -LRB103 30519 JDS 62533 a
1(ii) has at least 3 riverboats, casinos, or their equivalent
2within a 45-mile radius, may be authorized to relocate to a new
3location with the approval of both the unit of local
4government designated as the home dock and the Board, so long
5as the new location is within the same unit of local government
6and no more than 3 miles away from its original location. Such
7owners licensee shall receive a credit against the tax imposed
8under this Section equal to 8% of the total project costs, as
9approved by the Board, for any renovation or construction
10costs paid by the owners licensee for the construction of the
11new facility, provided that the new facility is operational by
12July 1, 2024. In determining whether or not to approve a
13relocation, the Board must consider the extent to which the
14relocation will diminish the gaming revenues received by other
15Illinois gaming facilities.
16 (a-7) Beginning in the initial adjustment year and through
17the final adjustment year, if the total obligation imposed
18pursuant to either subsection (a-5) or (a-6) will result in an
19owners licensee receiving less after-tax adjusted gross
20receipts than it received in calendar year 2018, then the
21total amount of privilege taxes that the owners licensee is
22required to pay for that calendar year shall be reduced to the
23extent necessary so that the after-tax adjusted gross receipts
24in that calendar year equals the after-tax adjusted gross
25receipts in calendar year 2018, but the privilege tax
26reduction shall not exceed the annual adjustment cap. If

10300HB3817sam002- 708 -LRB103 30519 JDS 62533 a
1pursuant to this subsection (a-7), the total obligation
2imposed pursuant to either subsection (a-5) or (a-6) shall be
3reduced, then the owners licensee shall not receive a refund
4from the State at the end of the subject calendar year but
5instead shall be able to apply that amount as a credit against
6any payments it owes to the State in the following calendar
7year to satisfy its total obligation under either subsection
8(a-5) or (a-6). The credit for the final adjustment year shall
9occur in the calendar year following the final adjustment
10year.
11 If an owners licensee that conducted gambling operations
12prior to January 1, 2019 expands its riverboat or casino,
13including, but not limited to, with respect to its gaming
14floor, additional non-gaming amenities such as restaurants,
15bars, and hotels and other additional facilities, and incurs
16construction and other costs related to such expansion from
17June 28, 2019 (the effective date of Public Act 101-31) until
18June 28, 2024 (the 5th anniversary of the effective date of
19Public Act 101-31), then for each $15,000,000 spent for any
20such construction or other costs related to expansion paid by
21the owners licensee, the final adjustment year shall be
22extended by one year and the annual adjustment cap shall
23increase by 0.2% of adjusted gross receipts during each
24calendar year until and including the final adjustment year.
25No further modifications to the final adjustment year or
26annual adjustment cap shall be made after $75,000,000 is

10300HB3817sam002- 709 -LRB103 30519 JDS 62533 a
1incurred in construction or other costs related to expansion
2so that the final adjustment year shall not extend beyond the
39th calendar year after the initial adjustment year, not
4including the initial adjustment year, and the annual
5adjustment cap shall not exceed 4% of adjusted gross receipts
6in a particular calendar year. Construction and other costs
7related to expansion shall include all project related costs,
8including, but not limited to, all hard and soft costs,
9financing costs, on or off-site ground, road or utility work,
10cost of gaming equipment and all other personal property,
11initial fees assessed for each incremental gaming position,
12and the cost of incremental land acquired for such expansion.
13Soft costs shall include, but not be limited to, legal fees,
14architect, engineering and design costs, other consultant
15costs, insurance cost, permitting costs, and pre-opening costs
16related to the expansion, including, but not limited to, any
17of the following: marketing, real estate taxes, personnel,
18training, travel and out-of-pocket expenses, supply,
19inventory, and other costs, and any other project related soft
20costs.
21 To be eligible for the tax credits in subsection (a-6),
22all construction contracts shall include a requirement that
23the contractor enter into a project labor agreement with the
24building and construction trades council with geographic
25jurisdiction of the location of the proposed gaming facility.
26 Notwithstanding any other provision of this subsection

10300HB3817sam002- 710 -LRB103 30519 JDS 62533 a
1(a-7), this subsection (a-7) does not apply to an owners
2licensee unless such owners licensee spends at least
3$15,000,000 on construction and other costs related to its
4expansion, excluding the initial fees assessed for each
5incremental gaming position.
6 This subsection (a-7) does not apply to owners licensees
7authorized pursuant to subsection (e-5) of Section 7 of this
8Act.
9 For purposes of this subsection (a-7):
10 "Building and construction trades council" means any
11organization representing multiple construction entities that
12are monitoring or attentive to compliance with public or
13workers' safety laws, wage and hour requirements, or other
14statutory requirements or that are making or maintaining
15collective bargaining agreements.
16 "Initial adjustment year" means the year commencing on
17January 1 of the calendar year immediately following the
18earlier of the following:
19 (1) the commencement of gambling operations, either in
20 a temporary or permanent facility, with respect to the
21 owners license authorized under paragraph (1) of
22 subsection (e-5) of Section 7 of this Act; or
23 (2) June 28, 2021 (24 months after the effective date
24 of Public Act 101-31);
25provided the initial adjustment year shall not commence
26earlier than June 28, 2020 (12 months after the effective date

10300HB3817sam002- 711 -LRB103 30519 JDS 62533 a
1of Public Act 101-31).
2 "Final adjustment year" means the 2nd calendar year after
3the initial adjustment year, not including the initial
4adjustment year, and as may be extended further as described
5in this subsection (a-7).
6 "Annual adjustment cap" means 3% of adjusted gross
7receipts in a particular calendar year, and as may be
8increased further as otherwise described in this subsection
9(a-7).
10 (a-8) Riverboat gambling operations conducted by a
11licensed manager on behalf of the State are not subject to the
12tax imposed under this Section.
13 (a-9) Beginning on January 1, 2020, the calculation of
14gross receipts or adjusted gross receipts, for the purposes of
15this Section, for a riverboat, a casino, or an organization
16gaming facility shall not include the dollar amount of
17non-cashable vouchers, coupons, and electronic promotions
18redeemed by wagerers upon the riverboat, in the casino, or in
19the organization gaming facility up to and including an amount
20not to exceed 20% of a riverboat's, a casino's, or an
21organization gaming facility's adjusted gross receipts.
22 The Illinois Gaming Board shall submit to the General
23Assembly a comprehensive report no later than March 31, 2023
24detailing, at a minimum, the effect of removing non-cashable
25vouchers, coupons, and electronic promotions from this
26calculation on net gaming revenues to the State in calendar

10300HB3817sam002- 712 -LRB103 30519 JDS 62533 a
1years 2020 through 2022, the increase or reduction in wagerers
2as a result of removing non-cashable vouchers, coupons, and
3electronic promotions from this calculation, the effect of the
4tax rates in subsection (a-5) on net gaming revenues to this
5State, and proposed modifications to the calculation.
6 (a-10) The taxes imposed by this Section shall be paid by
7the licensed owner or the organization gaming licensee to the
8Board not later than 5:00 o'clock p.m. of the day after the day
9when the wagers were made.
10 (a-15) If the privilege tax imposed under subsection (a-3)
11is no longer imposed pursuant to item (i) of the last paragraph
12of subsection (a-3), then by June 15 of each year, each owners
13licensee, other than an owners licensee that admitted
141,000,000 persons or fewer in calendar year 2004, must, in
15addition to the payment of all amounts otherwise due under
16this Section, pay to the Board a reconciliation payment in the
17amount, if any, by which the licensed owner's base amount
18exceeds the amount of net privilege tax paid by the licensed
19owner to the Board in the then current State fiscal year. A
20licensed owner's net privilege tax obligation due for the
21balance of the State fiscal year shall be reduced up to the
22total of the amount paid by the licensed owner in its June 15
23reconciliation payment. The obligation imposed by this
24subsection (a-15) is binding on any person, firm, corporation,
25or other entity that acquires an ownership interest in any
26such owners license. The obligation imposed under this

10300HB3817sam002- 713 -LRB103 30519 JDS 62533 a
1subsection (a-15) terminates on the earliest of: (i) July 1,
22007, (ii) the first day after August 23, 2005 (the effective
3date of Public Act 94-673) that riverboat gambling operations
4are conducted pursuant to a dormant license, (iii) the first
5day that riverboat gambling operations are conducted under the
6authority of an owners license that is in addition to the 10
7owners licenses initially authorized under this Act, or (iv)
8the first day that a licensee under the Illinois Horse Racing
9Act of 1975 conducts gaming operations with slot machines or
10other electronic gaming devices. The Board must reduce the
11obligation imposed under this subsection (a-15) by an amount
12the Board deems reasonable for any of the following reasons:
13(A) an act or acts of God, (B) an act of bioterrorism or
14terrorism or a bioterrorism or terrorism threat that was
15investigated by a law enforcement agency, or (C) a condition
16beyond the control of the owners licensee that does not result
17from any act or omission by the owners licensee or any of its
18agents and that poses a hazardous threat to the health and
19safety of patrons. If an owners licensee pays an amount in
20excess of its liability under this Section, the Board shall
21apply the overpayment to future payments required under this
22Section.
23 For purposes of this subsection (a-15):
24 "Act of God" means an incident caused by the operation of
25an extraordinary force that cannot be foreseen, that cannot be
26avoided by the exercise of due care, and for which no person

10300HB3817sam002- 714 -LRB103 30519 JDS 62533 a
1can be held liable.
2 "Base amount" means the following:
3 For a riverboat in Alton, $31,000,000.
4 For a riverboat in East Peoria, $43,000,000.
5 For the Empress riverboat in Joliet, $86,000,000.
6 For a riverboat in Metropolis, $45,000,000.
7 For the Harrah's riverboat in Joliet, $114,000,000.
8 For a riverboat in Aurora, $86,000,000.
9 For a riverboat in East St. Louis, $48,500,000.
10 For a riverboat in Elgin, $198,000,000.
11 "Dormant license" has the meaning ascribed to it in
12subsection (a-3).
13 "Net privilege tax" means all privilege taxes paid by a
14licensed owner to the Board under this Section, less all
15payments made from the State Gaming Fund pursuant to
16subsection (b) of this Section.
17 The changes made to this subsection (a-15) by Public Act
1894-839 are intended to restate and clarify the intent of
19Public Act 94-673 with respect to the amount of the payments
20required to be made under this subsection by an owners
21licensee to the Board.
22 (b) From the tax revenue from riverboat or casino gambling
23deposited in the State Gaming Fund under this Section, an
24amount equal to 5% of adjusted gross receipts generated by a
25riverboat or a casino, other than a riverboat or casino
26designated in paragraph (1), (3), or (4) of subsection (e-5)

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1of Section 7, shall be paid monthly, subject to appropriation
2by the General Assembly, to the unit of local government in
3which the casino is located or that is designated as the home
4dock of the riverboat. Notwithstanding anything to the
5contrary, beginning on the first day that an owners licensee
6under paragraph (1), (2), (3), (4), (5), or (6) of subsection
7(e-5) of Section 7 conducts gambling operations, either in a
8temporary facility or a permanent facility, and for 2 years
9thereafter, a unit of local government designated as the home
10dock of a riverboat whose license was issued before January 1,
112019, other than a riverboat conducting gambling operations in
12the City of East St. Louis, shall not receive less under this
13subsection (b) than the amount the unit of local government
14received under this subsection (b) in calendar year 2018.
15Notwithstanding anything to the contrary and because the City
16of East St. Louis is a financially distressed city, beginning
17on the first day that an owners licensee under paragraph (1),
18(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7
19conducts gambling operations, either in a temporary facility
20or a permanent facility, and for 10 years thereafter, a unit of
21local government designated as the home dock of a riverboat
22conducting gambling operations in the City of East St. Louis
23shall not receive less under this subsection (b) than the
24amount the unit of local government received under this
25subsection (b) in calendar year 2018.
26 From the tax revenue deposited in the State Gaming Fund

10300HB3817sam002- 716 -LRB103 30519 JDS 62533 a
1pursuant to riverboat or casino gambling operations conducted
2by a licensed manager on behalf of the State, an amount equal
3to 5% of adjusted gross receipts generated pursuant to those
4riverboat or casino gambling operations shall be paid monthly,
5subject to appropriation by the General Assembly, to the unit
6of local government that is designated as the home dock of the
7riverboat upon which those riverboat gambling operations are
8conducted or in which the casino is located.
9 From the tax revenue from riverboat or casino gambling
10deposited in the State Gaming Fund under this Section, an
11amount equal to 5% of the adjusted gross receipts generated by
12a riverboat designated in paragraph (3) of subsection (e-5) of
13Section 7 shall be divided and remitted monthly, subject to
14appropriation, as follows: 70% to Waukegan, 10% to Park City,
1515% to North Chicago, and 5% to Lake County.
16 From the tax revenue from riverboat or casino gambling
17deposited in the State Gaming Fund under this Section, an
18amount equal to 5% of the adjusted gross receipts generated by
19a riverboat designated in paragraph (4) of subsection (e-5) of
20Section 7 shall be remitted monthly, subject to appropriation,
21as follows: 70% to the City of Rockford, 5% to the City of
22Loves Park, 5% to the Village of Machesney, and 20% to
23Winnebago County.
24 From the tax revenue from riverboat or casino gambling
25deposited in the State Gaming Fund under this Section, an
26amount equal to 5% of the adjusted gross receipts generated by

10300HB3817sam002- 717 -LRB103 30519 JDS 62533 a
1a riverboat designated in paragraph (5) of subsection (e-5) of
2Section 7 shall be remitted monthly, subject to appropriation,
3as follows: 2% to the unit of local government in which the
4riverboat or casino is located, and 3% shall be distributed:
5(A) in accordance with a regional capital development plan
6entered into by the following communities: Village of Beecher,
7City of Blue Island, Village of Burnham, City of Calumet City,
8Village of Calumet Park, City of Chicago Heights, City of
9Country Club Hills, Village of Crestwood, Village of Crete,
10Village of Dixmoor, Village of Dolton, Village of East Hazel
11Crest, Village of Flossmoor, Village of Ford Heights, Village
12of Glenwood, City of Harvey, Village of Hazel Crest, Village
13of Homewood, Village of Lansing, Village of Lynwood, City of
14Markham, Village of Matteson, Village of Midlothian, Village
15of Monee, City of Oak Forest, Village of Olympia Fields,
16Village of Orland Hills, Village of Orland Park, City of Palos
17Heights, Village of Park Forest, Village of Phoenix, Village
18of Posen, Village of Richton Park, Village of Riverdale,
19Village of Robbins, Village of Sauk Village, Village of South
20Chicago Heights, Village of South Holland, Village of Steger,
21Village of Thornton, Village of Tinley Park, Village of
22University Park, and Village of Worth; or (B) if no regional
23capital development plan exists, equally among the communities
24listed in item (A) to be used for capital expenditures or
25public pension payments, or both.
26 Units of local government may refund any portion of the

10300HB3817sam002- 718 -LRB103 30519 JDS 62533 a
1payment that they receive pursuant to this subsection (b) to
2the riverboat or casino.
3 (b-4) Beginning on the first day the licensee under
4paragraph (5) of subsection (e-5) of Section 7 conducts
5gambling operations, either in a temporary facility or a
6permanent facility, and ending on July 31, 2042, from the tax
7revenue deposited in the State Gaming Fund under this Section,
8$5,000,000 shall be paid annually, subject to appropriation,
9to the host municipality of that owners licensee of a license
10issued or re-issued pursuant to Section 7.1 of this Act before
11January 1, 2012. Payments received by the host municipality
12pursuant to this subsection (b-4) may not be shared with any
13other unit of local government.
14 (b-5) Beginning on June 28, 2019 (the effective date of
15Public Act 101-31), from the tax revenue deposited in the
16State Gaming Fund under this Section, an amount equal to 3% of
17adjusted gross receipts generated by each organization gaming
18facility located outside Madison County shall be paid monthly,
19subject to appropriation by the General Assembly, to a
20municipality other than the Village of Stickney in which each
21organization gaming facility is located or, if the
22organization gaming facility is not located within a
23municipality, to the county in which the organization gaming
24facility is located, except as otherwise provided in this
25Section. From the tax revenue deposited in the State Gaming
26Fund under this Section, an amount equal to 3% of adjusted

10300HB3817sam002- 719 -LRB103 30519 JDS 62533 a
1gross receipts generated by an organization gaming facility
2located in the Village of Stickney shall be paid monthly,
3subject to appropriation by the General Assembly, as follows:
425% to the Village of Stickney, 5% to the City of Berwyn, 50%
5to the Town of Cicero, and 20% to the Stickney Public Health
6District.
7 From the tax revenue deposited in the State Gaming Fund
8under this Section, an amount equal to 5% of adjusted gross
9receipts generated by an organization gaming facility located
10in the City of Collinsville shall be paid monthly, subject to
11appropriation by the General Assembly, as follows: 30% to the
12City of Alton, 30% to the City of East St. Louis, and 40% to
13the City of Collinsville.
14 Municipalities and counties may refund any portion of the
15payment that they receive pursuant to this subsection (b-5) to
16the organization gaming facility.
17 (b-6) Beginning on June 28, 2019 (the effective date of
18Public Act 101-31), from the tax revenue deposited in the
19State Gaming Fund under this Section, an amount equal to 2% of
20adjusted gross receipts generated by an organization gaming
21facility located outside Madison County shall be paid monthly,
22subject to appropriation by the General Assembly, to the
23county in which the organization gaming facility is located
24for the purposes of its criminal justice system or health care
25system.
26 Counties may refund any portion of the payment that they

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1receive pursuant to this subsection (b-6) to the organization
2gaming facility.
3 (b-7) From the tax revenue from the organization gaming
4licensee located in one of the following townships of Cook
5County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or
6Worth, an amount equal to 5% of the adjusted gross receipts
7generated by that organization gaming licensee shall be
8remitted monthly, subject to appropriation, as follows: 2% to
9the unit of local government in which the organization gaming
10licensee is located, and 3% shall be distributed: (A) in
11accordance with a regional capital development plan entered
12into by the following communities: Village of Beecher, City of
13Blue Island, Village of Burnham, City of Calumet City, Village
14of Calumet Park, City of Chicago Heights, City of Country Club
15Hills, Village of Crestwood, Village of Crete, Village of
16Dixmoor, Village of Dolton, Village of East Hazel Crest,
17Village of Flossmoor, Village of Ford Heights, Village of
18Glenwood, City of Harvey, Village of Hazel Crest, Village of
19Homewood, Village of Lansing, Village of Lynwood, City of
20Markham, Village of Matteson, Village of Midlothian, Village
21of Monee, City of Oak Forest, Village of Olympia Fields,
22Village of Orland Hills, Village of Orland Park, City of Palos
23Heights, Village of Park Forest, Village of Phoenix, Village
24of Posen, Village of Richton Park, Village of Riverdale,
25Village of Robbins, Village of Sauk Village, Village of South
26Chicago Heights, Village of South Holland, Village of Steger,

10300HB3817sam002- 721 -LRB103 30519 JDS 62533 a
1Village of Thornton, Village of Tinley Park, Village of
2University Park, and Village of Worth; or (B) if no regional
3capital development plan exists, equally among the communities
4listed in item (A) to be used for capital expenditures or
5public pension payments, or both.
6 (b-8) In lieu of the payments under subsection (b) of this
7Section, from the tax revenue deposited in the State Gaming
8Fund pursuant to riverboat or casino gambling operations
9conducted by an owners licensee under paragraph (1) of
10subsection (e-5) of Section 7, an amount equal to the tax
11revenue generated from the privilege tax imposed by paragraph
12(2) of subsection (a-5) that is to be paid to the City of
13Chicago shall be paid monthly, subject to appropriation by the
14General Assembly, as follows: (1) an amount equal to 0.5% of
15the annual adjusted gross receipts generated by the owners
16licensee under paragraph (1) of subsection (e-5) of Section 7
17to the home rule county in which the owners licensee is located
18for the purpose of enhancing the county's criminal justice
19system; and (2) the balance to the City of Chicago and shall be
20expended or obligated by the City of Chicago for pension
21payments in accordance with Public Act 99-506.
22 (c) Appropriations, as approved by the General Assembly,
23may be made from the State Gaming Fund to the Board (i) for the
24administration and enforcement of this Act and the Video
25Gaming Act, (ii) for distribution to the Illinois State Police
26and to the Department of Revenue for the enforcement of this

10300HB3817sam002- 722 -LRB103 30519 JDS 62533 a
1Act and the Video Gaming Act, and (iii) to the Department of
2Human Services for the administration of programs to treat
3problem gambling, including problem gambling from sports
4wagering. The Board's annual appropriations request must
5separately state its funding needs for the regulation of
6gaming authorized under Section 7.7, riverboat gaming, casino
7gaming, video gaming, and sports wagering.
8 (c-2) An amount equal to 2% of the adjusted gross receipts
9generated by an organization gaming facility located within a
10home rule county with a population of over 3,000,000
11inhabitants shall be paid, subject to appropriation from the
12General Assembly, from the State Gaming Fund to the home rule
13county in which the organization gaming licensee is located
14for the purpose of enhancing the county's criminal justice
15system.
16 (c-3) Appropriations, as approved by the General Assembly,
17may be made from the tax revenue deposited into the State
18Gaming Fund from organization gaming licensees pursuant to
19this Section for the administration and enforcement of this
20Act.
21 (c-4) After payments required under subsections (b),
22(b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from
23the tax revenue from organization gaming licensees deposited
24into the State Gaming Fund under this Section, all remaining
25amounts from organization gaming licensees shall be
26transferred into the Capital Projects Fund.

10300HB3817sam002- 723 -LRB103 30519 JDS 62533 a
1 (c-5) (Blank).
2 (c-10) Each year the General Assembly shall appropriate
3from the General Revenue Fund to the Education Assistance Fund
4an amount equal to the amount paid into the Horse Racing Equity
5Fund pursuant to subsection (c-5) in the prior calendar year.
6 (c-15) After the payments required under subsections (b),
7(c), and (c-5) have been made, an amount equal to 2% of the
8adjusted gross receipts of (1) an owners licensee that
9relocates pursuant to Section 11.2, (2) an owners licensee
10conducting riverboat gambling operations pursuant to an owners
11license that is initially issued after June 25, 1999, or (3)
12the first riverboat gambling operations conducted by a
13licensed manager on behalf of the State under Section 7.3,
14whichever comes first, shall be paid, subject to appropriation
15from the General Assembly, from the State Gaming Fund to each
16home rule county with a population of over 3,000,000
17inhabitants for the purpose of enhancing the county's criminal
18justice system.
19 (c-20) Each year the General Assembly shall appropriate
20from the General Revenue Fund to the Education Assistance Fund
21an amount equal to the amount paid to each home rule county
22with a population of over 3,000,000 inhabitants pursuant to
23subsection (c-15) in the prior calendar year.
24 (c-21) After the payments required under subsections (b),
25(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have
26been made, an amount equal to 0.5% of the adjusted gross

10300HB3817sam002- 724 -LRB103 30519 JDS 62533 a
1receipts generated by the owners licensee under paragraph (1)
2of subsection (e-5) of Section 7 shall be paid monthly,
3subject to appropriation from the General Assembly, from the
4State Gaming Fund to the home rule county in which the owners
5licensee is located for the purpose of enhancing the county's
6criminal justice system.
7 (c-22) After the payments required under subsections (b),
8(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and
9(c-21) have been made, an amount equal to 2% of the adjusted
10gross receipts generated by the owners licensee under
11paragraph (5) of subsection (e-5) of Section 7 shall be paid,
12subject to appropriation from the General Assembly, from the
13State Gaming Fund to the home rule county in which the owners
14licensee is located for the purpose of enhancing the county's
15criminal justice system.
16 (c-25) From July 1, 2013 and each July 1 thereafter
17through July 1, 2019, $1,600,000 shall be transferred from the
18State Gaming Fund to the Chicago State University Education
19Improvement Fund.
20 On July 1, 2020 and each July 1 thereafter, $3,000,000
21shall be transferred from the State Gaming Fund to the Chicago
22State University Education Improvement Fund.
23 (c-30) On July 1, 2013 or as soon as possible thereafter,
24$92,000,000 shall be transferred from the State Gaming Fund to
25the School Infrastructure Fund and $23,000,000 shall be
26transferred from the State Gaming Fund to the Horse Racing

10300HB3817sam002- 725 -LRB103 30519 JDS 62533 a
1Equity Fund.
2 (c-35) Beginning on July 1, 2013, in addition to any
3amount transferred under subsection (c-30) of this Section,
4$5,530,000 shall be transferred monthly from the State Gaming
5Fund to the School Infrastructure Fund.
6 (d) From time to time, through June 30, 2021, the Board
7shall transfer the remainder of the funds generated by this
8Act into the Education Assistance Fund.
9 (d-5) Beginning on July 1, 2021, on the last day of each
10month, or as soon thereafter as possible, after all the
11required expenditures, distributions, and transfers have been
12made from the State Gaming Fund for the month pursuant to
13subsections (b) through (c-35), at the direction of the Board,
14the Comptroller shall direct and the Treasurer shall transfer
15$22,500,000, along with any deficiencies in such amounts from
16prior months in the same fiscal year, from the State Gaming
17Fund to the Education Assistance Fund; then, at the direction
18of the Board, the Comptroller shall direct and the Treasurer
19shall transfer the remainder of the funds generated by this
20Act, if any, from the State Gaming Fund to the Capital Projects
21Fund.
22 (e) Nothing in this Act shall prohibit the unit of local
23government designated as the home dock of the riverboat from
24entering into agreements with other units of local government
25in this State or in other states to share its portion of the
26tax revenue.

10300HB3817sam002- 726 -LRB103 30519 JDS 62533 a
1 (f) To the extent practicable, the Board shall administer
2and collect the wagering taxes imposed by this Section in a
3manner consistent with the provisions of Sections 4, 5, 5a,
45b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of
5the Retailers' Occupation Tax Act and Section 3-7 of the
6Uniform Penalty and Interest Act.
7(Source: P.A. 101-31, Article 25, Section 25-910, eff.
86-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19;
9101-648, eff. 6-30-20; 102-16, eff. 6-17-21; 102-538, eff.
108-20-21; 102-689, eff. 12-17-21; 102-699, eff. 4-19-22.)
11
ARTICLE 999.
12 Section 999-95. No acceleration or delay. Where this Act
13makes changes in a statute that is represented in this Act by
14text that is not yet or no longer in effect (for example, a
15Section represented by multiple versions), the use of that
16text does not accelerate or delay the taking effect of (i) the
17changes made by this Act or (ii) provisions derived from any
18other Public Act.
19 Section 999-99. Effective date. This Act takes effect upon
20becoming law, except that Articles 10, 85, 98, and 100 take
21effect on July 1, 2023, Articles 20, 80, and 99 take effect on
22January 1, 2024, and Section 5-110 takes effect on the
23effective date of House Bill 2041 of the 103rd General

10300HB3817sam002- 727 -LRB103 30519 JDS 62533 a
1Assembly or upon becoming law, whichever is later.".