Rep. Greg Harris
Filed: 1/6/2023
 
 


 




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1
AMENDMENT TO SENATE BILL 1720




2 AMENDMENT NO. ______. Amend Senate Bill 1720, 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 
7Second FY 2023 Budget Implementation Act.

8 Section 1-5. Purpose. It is the purpose of this Act to make 
9additional changes in State programs that are necessary to 
10implement the State budget for Fiscal Year 2023 and subsequent 
11fiscal years.

12
ARTICLE 3


13 Section 3-1. Short title. This Article may be cited as the 
 
 
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1Warehouse Safety Standards Task Force Act. As used in this 
2Article, "this Act" refers to this Article.

3 Section 3-5. The Warehouse Safety Standards Task Force.

4 (a) The Warehouse Safety Standards Task Force is created 
5to study warehouse safety standards. The Task Force shall 
6consist of the following members:

7  (1) 2 members of the House of Representatives, 
8 appointed by the Speaker of the House of Representatives;

9  (2) 2 members of the House of Representatives, 
10 appointed by the Minority Leader of the House of 
11 Representatives;

12  (3) 2 members of the Senate, appointed by the 
13 President of the Senate;

14  (4) 2 members of the Senate, appointed by the Minority 
15 Leader of the Senate;

16  (5) one representative of an entity representing 
17 retail merchants, appointed by the Governor;

18  (6) one representative of an entity representing 
19 manufacturers, appointed by the Governor;

20  (7) one representative of an entity representing 
21 mayors, appointed by the Governor;

22  (8) one representative of the State Chamber of 
23 Commerce, appointed by the Governor;

24  (9) one representative of the American Federation of 
25 Labor and Congress of Industrial Organizations, appointed 
 
 
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1 by the Governor;

2  (10) one representative of a labor union representing 
3 warehouse workers, appointed by the Governor;
4  (11) one representative of a worker advocacy 
5 organization representing warehouse workers, appointed by 
6 the Governor; and

7  (12) the Director of Labor or his or her designee, who 
8 shall serve as the ex officio chair.

9 (b) The members of the Task Force shall serve without 
10compensation.

11 (c) The Department of Labor shall provide administrative 
12support to the Task Force.


13 Section 3-10. Reports. The Task Force must provide 
14quarterly updates of its findings, discussions, and decisions 
15to the Governor and the General Assembly. The Task Force shall 
16submit a final report of its recommendations to the Governor 
17and the General Assembly no later than January 1, 2025.

18 Section 3-90. Repeal. The Task Force is dissolved and this 
19Act is repealed on January 1, 2026.

20
ARTICLE 5


21 Section 5-5. The Illinois Administrative Procedure Act is 
22amended by adding Section 5-45.35 as follows:

 
 
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1 (5 ILCS 100/5-45.35 new)
2 Sec. 5-45.35. Emergency rulemaking; Hate Crimes and Bias 
3Incident Prevention and Response Fund and Local Chambers of 
4Commerce Recovery Grants. To provide for the expeditious and 
5timely implementation of this amendatory Act of the 102nd 
6General Assembly, emergency rules implementing Section 6z-138 
7of the State Finance Act may be adopted in accordance with 
8Section 5-45 by the Department of Human Rights and emergency 
9rules implementing Section 605-1105 of the Department of 
10Commerce and Economic Opportunity Law of the Civil 
11Administrative Code of Illinois may be adopted in accordance 
12with Section 5-45 by the Department of Commerce and Economic 
13Opportunity. The adoption of emergency rules authorized by 
14Section 5-45 and this Section is deemed to be necessary for the 
15public interest, safety, and welfare.
16 This Section is repealed one year after the effective date 
17of this amendatory Act of the 102nd General Assembly.

18 Section 5-10. The State Employees Group Insurance Act of 
191971 is amended by changing Section 11 as follows:




20 (5 ILCS 375/11) (from Ch. 127, par. 531)


21 Sec. 11. The amount of contribution in any fiscal year 
22from funds other than
the General Revenue Fund or the Road Fund 
23shall be at the same contribution
rate as the General Revenue 
 
 
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1Fund or the Road Fund except that, in State Fiscal Year 2009, 
2no contributions shall be required from the FY09 Budget Relief 
3Fund. Contributions and payments
for life insurance shall be 
4deposited in the Group Insurance Premium Fund.
Contributions 
5and payments for health coverages and other benefits shall be

6deposited in the Health Insurance Reserve Fund. Federal funds 
7which are
available for cooperative extension purposes shall 
8also be charged for the
contributions which are made for 
9retired employees formerly employed in the
Cooperative 
10Extension Service. In the case of departments or any division

11thereof receiving a fraction of its requirements for 
12administration from the
Federal Government, the contributions 
13hereunder shall be such fraction of the
amount determined 
14under the provisions hereof and the
remainder shall be 
15contributed by the State.

16 Every department which has members paid from funds other 
17than the General
Revenue Fund shall cooperate with the 
18Department of Central Management Services
and the
Governor's 
19Office of Management and Budget in order to assure that the 
20specified
proportion of the State's cost for group life 
21insurance, the program of health
benefits and other employee 
22benefits is paid by such funds; except that
contributions 
23under this Act need not be paid from any other
fund where both 
24the Director of Central Management Services and the Director 
25of
the
Governor's Office of Management and Budget have 
26designated in writing that the necessary
contributions are 
 
 
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1included in the General Revenue Fund contribution amount.

2 Universities having employees who are totally
compensated 
3out of the following funds or sources are not required to 
4submit the contribution described in this Section for such 
5employees:

6  (1) income funds, as described in Sections 6a-1, 
7 6a-1a, 6a-1b, 6a-1c, 6a-1d, 6a-1e, 6a-1f, 6a-1g, and 6d of 
8 the State Finance Act, including tuition, laboratory, and 
9 library fees and any interest earned on those fees Income 
10 Funds;

11  (2) local auxiliary funds, as described in the 
12 Legislative Audit Commission's University Guidelines, as 
13 published on November 17, 2020, including the following:
14   (i) funds from auxiliary enterprises, which are 
15 operations that support the overall objectives of the 
16 university but are not directly related to 
17 instruction, research, or service organizational 
18 units;
19   (ii) funds from auxiliary activities, which are 
20 functions that are self-supporting, in whole or in 
21 part, and are directly related to instruction, 
22 research, or service units; Local auxiliary funds; and

23  (3) the Agricultural Premium Fund as established by 
24 Section 5.01 of the State Finance Act; 

25  (4) appropriations from the General Revenue Fund, 
26 Education Assistance Fund, or other State appropriations 
 
 
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1 that are made for the purposes of instruction, research, 
2 public service, or economic development;
3  (5) funds to the University of Illinois Hospital for 
4 health care professional services that are performed by 
5 University of Illinois faculty or University of Illinois 
6 health care programs established under the University of 
7 Illinois Hospital Act; or
8  (6) funds designated for the Cooperative Extension 
9 Service, as defined in Section 3 of the County Cooperative 
10 Extension Law. 
11shall not be required to submit such contribution for such 
12employees.

13 If an employee of a university is partially compensated 
14from the funds or sources of funds identified in paragraphs 
15(1) through (6) above, universities shall be required to 
16submit a pro rata contribution for the portion of the 
17employee's compensation that is derived out of funds or 
18sources other than those identified in paragraphs (1) through 
19(6) above. 
20 The Department of Central Management Services may conduct 
21a post-payment review of university reimbursements to assess 
22or address any discrepancies. Universities shall cooperate 
23with the Department of Central Management Services during any 
24post-payment review, that may require universities to provide 
25documentation to support payment calculations or funding 
26sources used for calculating reimbursements. The Department of 
 
 
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1Central Management Services reserves the right to reconcile 
2any discrepancies in reimbursement subtotals or total 
3obligations and to notify universities of all final 
4reconciliations, which shall include the Department of Central 
5Management Services calculations and the amount of any credits 
6or obligations that may be due. 
7 For each employee of the Illinois Toll Highway Authority 
8person covered under this Act whose eligibility for such

9coverage is as an annuitant based upon the person's status as 
10the recipient of a benefit
under the Illinois Pension Code, 
11which benefit is based in whole or in part
upon service with 
12the Toll Highway Authority, the Authority shall annually

13contribute an amount, as determined by the Director of the

14Department of Central Management Services, that represents the

15average employer's share of the cost of retiree coverage per

16participating employee in the State Employees Group Insurance

17Program a pro rata share of the State's cost for the benefits 
18of that
person.

19(Source: P.A. 102-1071, eff. 6-10-22.)


20 Section 5-12. The Children and Family Services Act is 
21amended by adding Section 45 as follows:

22 (20 ILCS 505/45 new)
23 Sec. 45. Title IV-E funds for legal services to foster 
24youth and families. 
 
 
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1 (a) Findings and purpose. The General Assembly finds the 
2following:
3  (1) Child welfare court proceedings are serious and 
4 life changing. Children and youth are subject to court 
5 decisions that may forever change their family 
6 composition, as well as their connections to culture and 
7 heritage.
8  (2) The gravity of child welfare proceedings and the 
9 rights and liabilities at stake necessitate the provision 
10 of quality legal representation for children and youth 
11 throughout the duration of child welfare proceedings.
12  (3) Legal representation serves to protect and advance 
13 the interests of children and youth in court and provides 
14 confidential attorney-client privilege to ensure children 
15 feel safe sharing with attorneys information that 
16 otherwise may go unvoiced.
17  (4) As the agency responsible for administering the 
18 State's approved Title IV-E State Plan, the Department of 
19 Children and Family Services is the only State agency with 
20 the authority to seek federal matching funds under Title 
21 IV-E of the Social Security Act for children who are 
22 candidates for foster care, children who are in foster 
23 care, and parents who are participating in foster care 
24 legal proceedings.
25  (5) It is the intent of the General Assembly to ensure 
26 the Department leverages and maximizes federal resources 
 
 
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1 to support the provision of quality legal representation 
2 to children and families to improve outcomes in the child 
3 welfare system.
4 (b) Definitions. As used in this Section:
5 "Child's lawyer" means a lawyer who is appointed by the 
6court to serve as a child's lawyer in a proceeding pending 
7under Article II of the Juvenile Court Act of 1987 in 
8accordance with the duties prescribed by State statute, court 
9rules, standards of practice, and the Illinois Rules of 
10Professional Conduct, including, but not limited to, 
11diligence, communication, confidentiality, and the 
12responsibilities to zealously assert the client's position 
13under the rules of the adversary system and to abide by the 
14client's decisions concerning the objectives of 
15representation, as provided for in the Illinois Rules of 
16Professional Conduct.
17 "Respondent's lawyer" means a lawyer who provides legal 
18representation to a parent, guardian, legal custodian, or 
19responsible relative who is named as a party-respondent in a 
20proceeding pending under Article II of the Juvenile Court Act 
21of 1987 in accordance with the duties prescribed by State 
22statute, court rules, standards of practice, and the Illinois 
23Rules of Professional Conduct, including, but not limited to, 
24diligence, communication, confidentiality, and the 
25responsibilities to zealously assert the client's position 
26under the rules of the adversary system and to abide by the 
 
 
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1client's decisions concerning the objectives of 
2representation, as provided for in the Illinois Rules of 
3Professional Conduct.
4 (c) The Department shall pursue claiming Title IV-E 
5administrative costs for independent legal representation by 
6an attorney for a child who is a candidate for Title IV-E 
7foster care, or who is in foster care, and the child's parent 
8to prepare for and participate in all stages of foster care 
9legal proceedings. Federal reimbursements for these 
10administrative costs must be deposited into the Due Process 
11for Youth and Families Fund created under subsection (d).
12 (d) The Due Process for Youth and Families Fund is created 
13as a special fund in the State treasury. The Fund shall consist 
14of any moneys appropriated to the Department from federal 
15Title IV-E reimbursements for administrative costs as 
16described in subsection (c) and any other moneys deposited 
17into the Fund in accordance with this Section. Subject to 
18appropriation, moneys in the Fund shall be disbursed for fees 
19and costs incurred by organizations or law practitioners that 
20provide services as a child's lawyer or respondent's lawyer as 
21those terms are defined in subsection (b) and for no other 
22purpose. All interest earned on moneys in the Fund shall be 
23deposited into the Fund. The Department and the State 
24Treasurer may accept funds as provided under Title IV-E of the 
25Social Security Act for deposit into the Fund. Annual requests 
26for appropriations for the purpose of providing independent 
 
 
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1legal representation under this Section shall be made in 
2separate and distinct line-items.
3 (e) Units of local government and public and private 
4agencies may apply for and receive federal or State funds from 
5the Department in accordance with the purposes of this 
6Section.

7 Section 5-13. The Department of Commerce and Economic 
8Opportunity Law of the
Civil Administrative Code of Illinois 
9is amended by adding Section 605-1105 as follows:

10 (20 ILCS 605/605-1105 new)
11 Sec. 605-1105. Local chambers of commerce recovery grants.
12 (a) Upon receipt or availability of the State or federal 
13funds described in subsection (b), and subject to 
14appropriation of those funds for the purposes described in 
15this Section, the Department of Commerce and Economic 
16Opportunity shall establish a program to award grants to local 
17chambers of commerce. The Department shall award an aggregate 
18amount of $5,000,000 in grants under this Section to eligible 
19chambers of commerce. Each eligible chamber of commerce that 
20applies to the Department for a grant under this Section shall 
21certify to the Department the difference between the chamber 
22of commerce's total annual revenue in calendar year 2019 and 
23the chamber of commerce's total annual revenue in calendar 
24year 2020. The maximum amount that may be awarded to any 
 
 
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1eligible chamber of commerce during the first round of grants 
2is one-sixth of the certified amount. In determining grant 
3amounts awarded under this Act, the Department may consider 
4any awards that the chamber of commerce has received from the 
5Back to Business Grant Program or the Business Interruption 
6Grant Program. If the entire amount of moneys appropriated for 
7the purposes of this Section has not been allocated after a 
8first round of grants is made, the Department may award 
9additional funds to eligible chambers of commerce from the 
10remaining funds. Grants awarded under this Section shall not 
11be used to make any direct lobbying expenditure, as defined in 
12subsection (c) of Section 4911 of the Internal Revenue Code, 
13or to engage in any political campaign activity described in 
14Section 501(c)(3) of the Internal Revenue Code.
15 (b) The Department may use State funds and federal funds 
16that are allocated to the State under the authority of 
17legislation passed in response to the COVID-19 pandemic to 
18provide grants under this Section. Those federal funds 
19include, but are not limited to, funds allocated to the State 
20under the American Rescue Plan Act of 2021. Any federal moneys 
21used for this purpose shall be used in accordance with the 
22federal legislation authorizing the use of those funds and 
23related federal guidance as well as any other applicable State 
24and federal laws.
25 (c) The Department may adopt any rules necessary to 
26implement and administer the grant program created by this 
 
 
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1Section. The emergency rulemaking process may be used to 
2promulgate the initial rules of the program following the 
3effective date of this amendatory Act of the 102nd General 
4Assembly.
5 (d) As used in this Section, "eligible chamber of 
6commerce" means a voluntary membership, dues-paying 
7organization of business and professional persons dedicated to 
8improving the economic climate and business development of the 
9community, area, or region in which the organization is 
10located and that: 
11  (1) operates as an approved not-for-profit 
12 corporation; 
13  (2) is tax-exempt under Section 501(c)(3) or Section 
14 501(c)(6) of the Internal Revenue Code of 1986;
15  (3) has an annual revenue of $1,000,000 or less; and
16  (4) has experienced an identifiable negative economic 
17 impact resulting from or exacerbated by the public health 
18 emergency or served a community disproportionately 
19 impacted by a public health emergency. 

20 Section 5-15. The Illinois Lottery Law is amended by 
21changing Section 9.1 as follows:

22 (20 ILCS 1605/9.1)
23 Sec. 9.1. Private manager and management agreement.
24 (a) As used in this Section:
 
 
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1 "Offeror" means a person or group of persons that responds 
2to a request for qualifications under this Section.
3 "Request for qualifications" means all materials and 
4documents prepared by the Department to solicit the following 
5from offerors:
6  (1) Statements of qualifications.
7  (2) Proposals to enter into a management agreement, 
8 including the identity of any prospective vendor or 
9 vendors that the offeror intends to initially engage to 
10 assist the offeror in performing its obligations under the 
11 management agreement.
12 "Final offer" means the last proposal submitted by an 
13offeror in response to the request for qualifications, 
14including the identity of any prospective vendor or vendors 
15that the offeror intends to initially engage to assist the 
16offeror in performing its obligations under the management 
17agreement. 
18 "Final offeror" means the offeror ultimately selected by 
19the Governor to be the private manager for the Lottery under 
20subsection (h) of this Section.
21 (b) By September 15, 2010, the Governor shall select a 
22private manager for the total management of the Lottery with 
23integrated functions, such as lottery game design, supply of 
24goods and services, and advertising and as specified in this 
25Section.
26 (c) Pursuant to the terms of this subsection, the 
 
 
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1Department shall endeavor to expeditiously terminate the 
2existing contracts in support of the Lottery in effect on July 
313, 2009 (the effective date of Public Act 96-37) in 
4connection with the selection of the private manager. As part 
5of its obligation to terminate these contracts and select the 
6private manager, the Department shall establish a mutually 
7agreeable timetable to transfer the functions of existing 
8contractors to the private manager so that existing Lottery 
9operations are not materially diminished or impaired during 
10the transition. To that end, the Department shall do the 
11following:
12  (1) where such contracts contain a provision 
13 authorizing termination upon notice, the Department shall 
14 provide notice of termination to occur upon the mutually 
15 agreed timetable for transfer of functions;
16  (2) upon the expiration of any initial term or renewal 
17 term of the current Lottery contracts, the Department 
18 shall not renew such contract for a term extending beyond 
19 the mutually agreed timetable for transfer of functions; 
20 or
21  (3) in the event any current contract provides for 
22 termination of that contract upon the implementation of a 
23 contract with the private manager, the Department shall 
24 perform all necessary actions to terminate the contract on 
25 the date that coincides with the mutually agreed timetable 
26 for transfer of functions.
 
 
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1 If the contracts to support the current operation of the 
2Lottery in effect on July 13, 2009 (the effective date of 
3Public Act 96-34) are not subject to termination as provided 
4for in this subsection (c), then the Department may include a 
5provision in the contract with the private manager specifying 
6a mutually agreeable methodology for incorporation.
7 (c-5) The Department shall include provisions in the 
8management agreement whereby the private manager shall, for a 
9fee, and pursuant to a contract negotiated with the Department 
10(the "Employee Use Contract"), utilize the services of current 
11Department employees to assist in the administration and 
12operation of the Lottery. The Department shall be the employer 
13of all such bargaining unit employees assigned to perform such 
14work for the private manager, and such employees shall be 
15State employees, as defined by the Personnel Code. Department 
16employees shall operate under the same employment policies, 
17rules, regulations, and procedures, as other employees of the 
18Department. In addition, neither historical representation 
19rights under the Illinois Public Labor Relations Act, nor 
20existing collective bargaining agreements, shall be disturbed 
21by the management agreement with the private manager for the 
22management of the Lottery. 
23 (d) The management agreement with the private manager 
24shall include all of the following:
25  (1) A term not to exceed 10 years, including any 
26 renewals.
 
 
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1  (2) A provision specifying that the Department:
2   (A) shall exercise actual control over all 
3 significant business decisions; 
4   (A-5) has the authority to direct or countermand 
5 operating decisions by the private manager at any 
6 time;
7   (B) has ready access at any time to information 
8 regarding Lottery operations;
9   (C) has the right to demand and receive 
10 information from the private manager concerning any 
11 aspect of the Lottery operations at any time; and
12   (D) retains ownership of all trade names, 
13 trademarks, and intellectual property associated with 
14 the Lottery.
15  (3) A provision imposing an affirmative duty on the 
16 private manager to provide the Department with material 
17 information and with any information the private manager 
18 reasonably believes the Department would want to know to 
19 enable the Department to conduct the Lottery.
20  (4) A provision requiring the private manager to 
21 provide the Department with advance notice of any 
22 operating decision that bears significantly on the public 
23 interest, including, but not limited to, decisions on the 
24 kinds of games to be offered to the public and decisions 
25 affecting the relative risk and reward of the games being 
26 offered, so the Department has a reasonable opportunity to 
 
 
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1 evaluate and countermand that decision.
2  (5) A provision providing for compensation of the 
3 private manager that may consist of, among other things, a 
4 fee for services and a performance based bonus as 
5 consideration for managing the Lottery, including terms 
6 that may provide the private manager with an increase in 
7 compensation if Lottery revenues grow by a specified 
8 percentage in a given year.
9  (6) (Blank).
10  (7) A provision requiring the deposit of all Lottery 
11 proceeds to be deposited into the State Lottery Fund 
12 except as otherwise provided in Section 20 of this Act.
13  (8) A provision requiring the private manager to 
14 locate its principal office within the State.
15  (8-5) A provision encouraging that at least 20% of the 
16 cost of contracts entered into for goods and services by 
17 the private manager in connection with its management of 
18 the Lottery, other than contracts with sales agents or 
19 technical advisors, be awarded to businesses that are a 
20 minority-owned business, a women-owned business, or a 
21 business owned by a person with disability, as those terms 
22 are defined in the Business Enterprise for Minorities, 
23 Women, and Persons with Disabilities Act. 
24  (9) A requirement that so long as the private manager 
25 complies with all the conditions of the agreement under 
26 the oversight of the Department, the private manager shall 
 
 
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1 have the following duties and obligations with respect to 
2 the management of the Lottery:
3   (A) The right to use equipment and other assets 
4 used in the operation of the Lottery.
5   (B) The rights and obligations under contracts 
6 with retailers and vendors.
7   (C) The implementation of a comprehensive security 
8 program by the private manager.
9   (D) The implementation of a comprehensive system 
10 of internal audits.
11   (E) The implementation of a program by the private 
12 manager to curb compulsive gambling by persons playing 
13 the Lottery.
14   (F) A system for determining (i) the type of 
15 Lottery games, (ii) the method of selecting winning 
16 tickets, (iii) the manner of payment of prizes to 
17 holders of winning tickets, (iv) the frequency of 
18 drawings of winning tickets, (v) the method to be used 
19 in selling tickets, (vi) a system for verifying the 
20 validity of tickets claimed to be winning tickets, 
21 (vii) the basis upon which retailer commissions are 
22 established by the manager, and (viii) minimum 
23 payouts.
24  (10) A requirement that advertising and promotion must 
25 be consistent with Section 7.8a of this Act.
26  (11) A requirement that the private manager market the 
 
 
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1 Lottery to those residents who are new, infrequent, or 
2 lapsed players of the Lottery, especially those who are 
3 most likely to make regular purchases on the Internet as 
4 permitted by law.
5  (12) A code of ethics for the private manager's 
6 officers and employees.
7  (13) A requirement that the Department monitor and 
8 oversee the private manager's practices and take action 
9 that the Department considers appropriate to ensure that 
10 the private manager is in compliance with the terms of the 
11 management agreement, while allowing the manager, unless 
12 specifically prohibited by law or the management 
13 agreement, to negotiate and sign its own contracts with 
14 vendors.
15  (14) A provision requiring the private manager to 
16 periodically file, at least on an annual basis, 
17 appropriate financial statements in a form and manner 
18 acceptable to the Department.
19  (15) Cash reserves requirements.
20  (16) Procedural requirements for obtaining the prior 
21 approval of the Department when a management agreement or 
22 an interest in a management agreement is sold, assigned, 
23 transferred, or pledged as collateral to secure financing.
24  (17) Grounds for the termination of the management 
25 agreement by the Department or the private manager.
26  (18) Procedures for amendment of the agreement.
 
 
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1  (19) A provision requiring the private manager to 
2 engage in an open and competitive bidding process for any 
3 procurement having a cost in excess of $50,000 that is not 
4 a part of the private manager's final offer. The process 
5 shall favor the selection of a vendor deemed to have 
6 submitted a proposal that provides the Lottery with the 
7 best overall value. The process shall not be subject to 
8 the provisions of the Illinois Procurement Code, unless 
9 specifically required by the management agreement.
10  (20) The transition of rights and obligations, 
11 including any associated equipment or other assets used in 
12 the operation of the Lottery, from the manager to any 
13 successor manager of the lottery, including the 
14 Department, following the termination of or foreclosure 
15 upon the management agreement.
16  (21) Right of use of copyrights, trademarks, and 
17 service marks held by the Department in the name of the 
18 State. The agreement must provide that any use of them by 
19 the manager shall only be for the purpose of fulfilling 
20 its obligations under the management agreement during the 
21 term of the agreement.
22  (22) The disclosure of any information requested by 
23 the Department to enable it to comply with the reporting 
24 requirements and information requests provided for under 
25 subsection (p) of this Section. 
26 (e) Notwithstanding any other law to the contrary, the 
 
 
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1Department shall select a private manager through a 
2competitive request for qualifications process consistent with 
3Section 20-35 of the Illinois Procurement Code, which shall 
4take into account:
5  (1) the offeror's ability to market the Lottery to 
6 those residents who are new, infrequent, or lapsed players 
7 of the Lottery, especially those who are most likely to 
8 make regular purchases on the Internet;
9  (2) the offeror's ability to address the State's 
10 concern with the social effects of gambling on those who 
11 can least afford to do so;
12  (3) the offeror's ability to provide the most 
13 successful management of the Lottery for the benefit of 
14 the people of the State based on current and past business 
15 practices or plans of the offeror; and
16  (4) the offeror's poor or inadequate past performance 
17 in servicing, equipping, operating or managing a lottery 
18 on behalf of Illinois, another State or foreign government 
19 and attracting persons who are not currently regular 
20 players of a lottery.
21 (f) The Department may retain the services of an advisor 
22or advisors with significant experience in financial services 
23or the management, operation, and procurement of goods, 
24services, and equipment for a government-run lottery to assist 
25in the preparation of the terms of the request for 
26qualifications and selection of the private manager. Any 
 
 
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1prospective advisor seeking to provide services under this 
2subsection (f) shall disclose any material business or 
3financial relationship during the past 3 years with any 
4potential offeror, or with a contractor or subcontractor 
5presently providing goods, services, or equipment to the 
6Department to support the Lottery. The Department shall 
7evaluate the material business or financial relationship of 
8each prospective advisor. The Department shall not select any 
9prospective advisor with a substantial business or financial 
10relationship that the Department deems to impair the 
11objectivity of the services to be provided by the prospective 
12advisor. During the course of the advisor's engagement by the 
13Department, and for a period of one year thereafter, the 
14advisor shall not enter into any business or financial 
15relationship with any offeror or any vendor identified to 
16assist an offeror in performing its obligations under the 
17management agreement. Any advisor retained by the Department 
18shall be disqualified from being an offeror.
The Department 
19shall not include terms in the request for qualifications that 
20provide a material advantage whether directly or indirectly to 
21any potential offeror, or any contractor or subcontractor 
22presently providing goods, services, or equipment to the 
23Department to support the Lottery, including terms contained 
24in previous responses to requests for proposals or 
25qualifications submitted to Illinois, another State or foreign 
26government when those terms are uniquely associated with a 
 
 
10200SB1720ham003- 25 -LRB102 15815 JDS 42540 a


1particular potential offeror, contractor, or subcontractor. 
2The request for proposals offered by the Department on 
3December 22, 2008 as "LOT08GAMESYS" and reference number 
4"22016176" is declared void.
5 (g) The Department shall select at least 2 offerors as 
6finalists to potentially serve as the private manager no later 
7than August 9, 2010. Upon making preliminary selections, the 
8Department shall schedule a public hearing on the finalists' 
9proposals and provide public notice of the hearing at least 7 
10calendar days before the hearing. The notice must include all 
11of the following:
12  (1) The date, time, and place of the hearing.
13  (2) The subject matter of the hearing.
14  (3) A brief description of the management agreement to 
15 be awarded.
16  (4) The identity of the offerors that have been 
17 selected as finalists to serve as the private manager.
18  (5) The address and telephone number of the 
19 Department.
20 (h) At the public hearing, the Department shall (i) 
21provide sufficient time for each finalist to present and 
22explain its proposal to the Department and the Governor or the 
23Governor's designee, including an opportunity to respond to 
24questions posed by the Department, Governor, or designee and 
25(ii) allow the public and non-selected offerors to comment on 
26the presentations. The Governor or a designee shall attend the 
 
 
10200SB1720ham003- 26 -LRB102 15815 JDS 42540 a


1public hearing. After the public hearing, the Department shall 
2have 14 calendar days to recommend to the Governor whether a 
3management agreement should be entered into with a particular 
4finalist. After reviewing the Department's recommendation, the 
5Governor may accept or reject the Department's recommendation, 
6and shall select a final offeror as the private manager by 
7publication of a notice in the Illinois Procurement Bulletin 
8on or before September 15, 2010. The Governor shall include in 
9the notice a detailed explanation and the reasons why the 
10final offeror is superior to other offerors and will provide 
11management services in a manner that best achieves the 
12objectives of this Section. The Governor shall also sign the 
13management agreement with the private manager.
14 (i) Any action to contest the private manager selected by 
15the Governor under this Section must be brought within 7 
16calendar days after the publication of the notice of the 
17designation of the private manager as provided in subsection 
18(h) of this Section.
19 (j) The Lottery shall remain, for so long as a private 
20manager manages the Lottery in accordance with provisions of 
21this Act, a Lottery conducted by the State, and the State shall 
22not be authorized to sell or transfer the Lottery to a third 
23party.
24 (k) Any tangible personal property used exclusively in 
25connection with the lottery that is owned by the Department 
26and leased to the private manager shall be owned by the 
 
 
10200SB1720ham003- 27 -LRB102 15815 JDS 42540 a


1Department in the name of the State and shall be considered to 
2be public property devoted to an essential public and 
3governmental function.
4 (l) The Department may exercise any of its powers under 
5this Section or any other law as necessary or desirable for the 
6execution of the Department's powers under this Section.
7 (m) Neither this Section nor any management agreement 
8entered into under this Section prohibits the General Assembly 
9from authorizing forms of gambling that are not in direct 
10competition with the Lottery. The forms of gambling authorized 
11by Public Act 101-31 constitute authorized forms of gambling 
12that are not in direct competition with the Lottery.
13 (n) The private manager shall be subject to a complete 
14investigation in the third, seventh, and tenth years of the 
15agreement (if the agreement is for a 10-year term) by the 
16Department in cooperation with the Auditor General to 
17determine whether the private manager has complied with this 
18Section and the management agreement. The private manager 
19shall bear the cost of an investigation or reinvestigation of 
20the private manager under this subsection.
21 (o) The powers conferred by this Section are in addition 
22and supplemental to the powers conferred by any other law. If 
23any other law or rule is inconsistent with this Section, 
24including, but not limited to, provisions of the Illinois 
25Procurement Code, then this Section controls as to any 
26management agreement entered into under this Section. This 
 
 
10200SB1720ham003- 28 -LRB102 15815 JDS 42540 a


1Section and any rules adopted under this Section contain full 
2and complete authority for a management agreement between the 
3Department and a private manager. No law, procedure, 
4proceeding, publication, notice, consent, approval, order, or 
5act by the Department or any other officer, Department, 
6agency, or instrumentality of the State or any political 
7subdivision is required for the Department to enter into a 
8management agreement under this Section. This Section contains 
9full and complete authority for the Department to approve any 
10contracts entered into by a private manager with a vendor 
11providing goods, services, or both goods and services to the 
12private manager under the terms of the management agreement, 
13including subcontractors of such vendors.
14 Upon receipt of a written request from the Chief 
15Procurement Officer, the Department shall provide to the Chief 
16Procurement Officer a complete and un-redacted copy of the 
17management agreement or any contract that is subject to the 
18Department's approval authority under this subsection (o). The 
19Department shall provide a copy of the agreement or contract 
20to the Chief Procurement Officer in the time specified by the 
21Chief Procurement Officer in his or her written request, but 
22no later than 5 business days after the request is received by 
23the Department. The Chief Procurement Officer must retain any 
24portions of the management agreement or of any contract 
25designated by the Department as confidential, proprietary, or 
26trade secret information in complete confidence pursuant to 
 
 
10200SB1720ham003- 29 -LRB102 15815 JDS 42540 a


1subsection (g) of Section 7 of the Freedom of Information Act. 
2The Department shall also provide the Chief Procurement 
3Officer with reasonable advance written notice of any contract 
4that is pending Department approval. 
5 Notwithstanding any other provision of this Section to the 
6contrary, the Chief Procurement Officer shall adopt 
7administrative rules, including emergency rules, to establish 
8a procurement process to select a successor private manager if 
9a private management agreement has been terminated. The 
10selection process shall at a minimum take into account the 
11criteria set forth in items (1) through (4) of subsection (e) 
12of this Section and may include provisions consistent with 
13subsections (f), (g), (h), and (i) of this Section. The Chief 
14Procurement Officer shall also implement and administer the 
15adopted selection process upon the termination of a private 
16management agreement. The Department, after the Chief 
17Procurement Officer certifies that the procurement process has 
18been followed in accordance with the rules adopted under this 
19subsection (o), shall select a final offeror as the private 
20manager and sign the management agreement with the private 
21manager. 
22 Through June 30, 2022, except as provided in Sections 
2321.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12, and 21.13 
24of this Act and Section 25-70 of the Sports Wagering Act, the 
25Department shall distribute all proceeds of lottery tickets 
26and shares sold in the following priority and manner:
 
 
10200SB1720ham003- 30 -LRB102 15815 JDS 42540 a


1  (1) The payment of prizes and retailer bonuses.
2  (2) The payment of costs incurred in the operation and 
3 administration of the Lottery, including the payment of 
4 sums due to the private manager under the management 
5 agreement with the Department.
6  (3) On the last day of each month or as soon thereafter 
7 as possible, the State Comptroller shall direct and the 
8 State Treasurer shall transfer from the State Lottery Fund 
9 to the Common School Fund an amount that is equal to the 
10 proceeds transferred in the corresponding month of fiscal 
11 year 2009, as adjusted for inflation, to the Common School 
12 Fund.
13  (4) On or before September 30 of each fiscal year, 
14 deposit any estimated remaining proceeds from the prior 
15 fiscal year, subject to payments under items (1), (2), and 
16 (3), into the Capital Projects Fund. Beginning in fiscal 
17 year 2019, the amount deposited shall be increased or 
18 decreased each year by the amount the estimated payment 
19 differs from the amount determined from each year-end 
20 financial audit. Only remaining net deficits from prior 
21 fiscal years may reduce the requirement to deposit these 
22 funds, as determined by the annual financial audit.
23 Beginning July 1, 2022, the Department shall distribute 
24all proceeds of lottery tickets and shares sold in the manner 
25and priority described in Section 9.3 of this Act, except that 
26the Department shall make the deposit into the Capital 
 
 
10200SB1720ham003- 31 -LRB102 15815 JDS 42540 a


1Projects Fund that would have occurred under item (4) of this 
2subsection (o) on or before September 30, 2022, but for the 
3changes made to this subsection by Public Act 102-699. 
4 (p) The Department shall be subject to the following 
5reporting and information request requirements:
6  (1) the Department shall submit written quarterly 
7 reports to the Governor and the General Assembly on the 
8 activities and actions of the private manager selected 
9 under this Section;
10  (2) upon request of the Chief Procurement Officer, the 
11 Department shall promptly produce information related to 
12 the procurement activities of the Department and the 
13 private manager requested by the Chief Procurement 
14 Officer; the Chief Procurement Officer must retain 
15 confidential, proprietary, or trade secret information 
16 designated by the Department in complete confidence 
17 pursuant to subsection (g) of Section 7 of the Freedom of 
18 Information Act; and
19  (3) at least 30 days prior to the beginning of the 
20 Department's fiscal year, the Department shall prepare an 
21 annual written report on the activities of the private 
22 manager selected under this Section and deliver that 
23 report to the Governor and General Assembly.
24(Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19; 
25101-561, eff. 8-23-19; 102-558, eff. 8-20-21; 102-699, eff. 
264-19-22.)

 
 
10200SB1720ham003- 32 -LRB102 15815 JDS 42540 a


1 Section 5-20. The State Finance Act is amended by changing 
2Section 6z-130, as added by Public Act 102-699, and Sections 
36z-114, 8g-1, and 8.27 and by adding Sections 5.990, 5.991, 
4and 6z-138 as follows:

5 (30 ILCS 105/5.990 new)
6 Sec. 5.990. The Hate Crimes and Bias Incident Prevention 
7and Response Fund.

8 (30 ILCS 105/5.991 new)
9 Sec. 5.991. The Due Process for Youth and Families Fund.

10 (30 ILCS 105/6z-114)
11 Sec. 6z-114. The Ronald McDonald House Charities Fund; 
12creation. The Ronald McDonald House Charities Fund is created 
13as a special fund in the State treasury. From appropriations 
14to the Department of Human Services from the Fund, the 
15Department shall Subject to appropriation, moneys in the Fund 
16shall be used to make grants to Ronald McDonald House 
17Charities for services in Illinois.

18(Source: P.A. 102-73, eff. 7-9-21.)

19 (30 ILCS 105/6z-134)
20 Sec. 6z-134 6z-130. Statewide 9-8-8 Trust Fund.
21 (a) The Statewide 9-8-8 Trust Fund is created as a special 
 
 
10200SB1720ham003- 33 -LRB102 15815 JDS 42540 a


1fund in the State treasury. Moneys in the Fund shall be used by 
2the Department of Human Services for the purposes of 
3establishing and maintaining a statewide 9-8-8 suicide 
4prevention and mental health crisis system pursuant to the 
5National Suicide Hotline Designation Act of 2020, the Federal 
6Communication Commission's rules adopted on July 16, 2020, and 
7national guidelines for crisis care. The Fund shall consist 
8of:
9  (1) appropriations by the General Assembly;
10  (2) grants and gifts intended for deposit in the Fund;
11  (3) interest, premiums, gains, or other earnings on

12 the Fund;
13  (4) moneys received from any other source that are

14 deposited in or transferred into the Fund.
15 (b) Moneys in the Fund:
16  (1) do not revert at the end of any State fiscal year

17 but remain available for the purposes of the Fund in 
18 subsequent State fiscal years; and
19  (2) are not subject to transfer to any other Fund or
to 
20 transfer, assignment, or reassignment for any other use or 
21 purpose outside of those specified in this Section.
22 (c) An annual report of Fund deposits and expenditures 
23shall be made to the General Assembly and the Federal 
24Communications Commission.
25 (d) (Blank). In addition to any other transfers that may 
26be provided for by law, on July 1, 2022, or as soon thereafter 
 
 
10200SB1720ham003- 34 -LRB102 15815 JDS 42540 a


1as practical, the State Comptroller shall direct and the State 
2Treasurer shall transfer the sum of $5,000,000 from the 
3Statewide 9-1-1 Fund to the Statewide 9-8-8 Trust Fund. 

4(Source: P.A. 102-699, eff. 4-19-22; revised 8-1-22.)

5 (30 ILCS 105/6z-138 new)
6 Sec. 6z-138. Hate Crimes and Bias Incident Prevention and 
7Response Fund.
8 (a) The Hate Crimes and Bias Incident Prevention and 
9Response Fund is created as a special fund in the State 
10treasury. The Fund may accept moneys from any lawful source. 
11Any interest earned on moneys in the Fund shall be deposited 
12into the Fund.
13 (b) Subject to appropriation, moneys in the Hate Crimes 
14and Bias Incident Prevention and Response Fund shall be used 
15by the Department of Human Rights, in its capacity as 
16administrator and fiscal agent for the Commission on 
17Discrimination and Hate Crimes, for operational and 
18administrative expenditures related to, as well as the award 
19of grants that support the eradication of, hate crimes and 
20bias incidents.
21 (c) The Department of Human Rights shall adopt rules 
22establishing requirements for the distribution of grant moneys 
23and the determination of which persons or entities are 
24eligible for grants and may adopt any other rules necessary to 
25implement this Section and administer the Fund.




 
 
10200SB1720ham003- 35 -LRB102 15815 JDS 42540 a


1 (30 ILCS 105/8.27) (from Ch. 127, par. 144.27)


2 Sec. 8.27. All receipts from federal financial 
3participation in the
Foster Care and Adoption Services program 
4under Title IV-E of the federal
Social Security Act, including 
5receipts
for related indirect costs,
shall be deposited into 
6in the DCFS Children's Services Fund or the Due Process for 
7Youth and Families Fund as provided in Section 45 of the 
8Children and Family Services Act.

9 Beginning on July 20, 2010 (the effective date of Public 
10Act 96-1127), any funds paid to the State by the federal 
11government under Title XIX and Title XXI of the Social 
12Security Act for child welfare services delivered by community 
13mental health providers, certified and paid as Medicaid 
14providers by the Department of Children and Family Services, 
15for child welfare services relating to Medicaid-eligible 
16clients and families served consistent with the purposes of 
17the Department of
Children and Family Services, including 
18services delivered as a result of the conversion of such 
19providers from a comprehensive rate to a fee-for-service 
20payment methodology, and any subsequent revenue maximization 
21initiatives performed by such providers, and any interest 
22earned thereon, shall be deposited directly into the DCFS 
23Children's Services Fund. Such funds shall be used for the 
24provision of child welfare services provided to eligible 
25individuals identified by the Department of Children and 
 
 
10200SB1720ham003- 36 -LRB102 15815 JDS 42540 a


1Family Services. Child welfare services are defined in Section 
25 of the Children and Family Services Act. 

3 All receipts from federal financial participation in the 
4Child Welfare
Services program under Title IV-B of the federal 
5Social Security Act,
including receipts for related indirect 
6costs, shall be deposited into the
DCFS Children's Services 
7Fund for those moneys received as reimbursement for
services 
8provided on or after July 1, 1994.

9 For services provided on or after July 1, 2007, all 
10federal funds received pursuant to the John H. Chafee Foster 
11Care Independence Program shall be deposited into the DCFS 
12Children's Services Fund. 
13 Except as otherwise provided in this Section, moneys in 
14the Fund may be used by the Department, pursuant to

15appropriation by the General Assembly, for the ordinary and 
16contingent
expenses of the Department.

17 In accordance with subsection (q) of Section 5 of the 
18Children and Family
Services Act, disbursements from 
19individual children's accounts shall be
deposited into the 
20DCFS Children's Services Fund.

21 Receipts from public and unsolicited private grants, fees 
22for training, and royalties earned from the publication of 
23materials owned by or licensed to the Department of Children 
24and Family Services shall be deposited into the DCFS 
25Children's Services Fund.
26(Source: P.A. 102-1071, eff. 6-10-22.)


 
 
10200SB1720ham003- 37 -LRB102 15815 JDS 42540 a


1 (30 ILCS 105/8g-1)
2 Sec. 8g-1. Fund transfers. 
3 (a) (Blank).

4 (b) (Blank).
5 (c) (Blank).
6 (d) (Blank).
7 (e) (Blank).
8 (f) (Blank).
9 (g) (Blank).
10 (h) (Blank).
11 (i) (Blank).
12 (j) (Blank).
13 (k) (Blank).
14 (l) (Blank).
15 (m) (Blank).
16 (n) (Blank).
17 (o) (Blank).
18 (p) (Blank).
19 (q) (Blank).
20 (r) (Blank).
21 (s) (Blank).
22 (t) (Blank).
23 (u) In addition to any other transfers that may be 
24provided for by law, on July 1, 2021, or as soon thereafter as 
25practical, only as directed by the Director of the Governor's 
 
 
10200SB1720ham003- 38 -LRB102 15815 JDS 42540 a


1Office of Management and Budget, the State Comptroller shall 
2direct and the State Treasurer shall transfer the sum of 
3$5,000,000 from the General Revenue Fund to the DoIT Special 
4Projects Fund, and on June 1, 2022, or as soon thereafter as 
5practical, but no later than June 30, 2022, the State 
6Comptroller shall direct and the State Treasurer shall 
7transfer the sum so transferred from the DoIT Special Projects 
8Fund to the General Revenue Fund.
9 (v) In addition to any other transfers that may be 
10provided for by law, on July 1, 2021, or as soon thereafter as 
11practical, the State Comptroller shall direct and the State 
12Treasurer shall transfer the sum of $500,000 from the General 
13Revenue Fund to the Governor's Administrative Fund.
14 (w) In addition to any other transfers that may be 
15provided for by law, on July 1, 2021, or as soon thereafter as 
16practical, the State Comptroller shall direct and the State 
17Treasurer shall transfer the sum of $500,000 from the General 
18Revenue Fund to the Grant Accountability and Transparency 
19Fund.
20 (x) In addition to any other transfers that may be 
21provided for by law, at a time or times during Fiscal Year 2022 
22as directed by the Governor, the State Comptroller shall 
23direct and the State Treasurer shall transfer up to a total of 
24$20,000,000 from the General Revenue Fund to the Illinois 
25Sports Facilities Fund to be credited to the Advance Account 
26within the Fund. 
 
 
10200SB1720ham003- 39 -LRB102 15815 JDS 42540 a


1 (y) In addition to any other transfers that may be 
2provided for by law, on June 15, 2021, or as soon thereafter as 
3practical, but no later than June 30, 2021, the State 
4Comptroller shall direct and the State Treasurer shall 
5transfer the sum of $100,000,000 from the General Revenue Fund 
6to the Technology Management Revolving Fund. 
7 (z) In addition to any other transfers that may be 
8provided for by law, on April 19, 2022 (the effective date of 
9Public Act 102-699) this amendatory Act of the 102nd General 
10Assembly, or as soon thereafter as practical, but no later 
11than June 30, 2022, the State Comptroller shall direct and the 
12State Treasurer shall transfer the sum of $148,000,000 from 
13the General Revenue Fund to the Build Illinois Bond Fund.
14 (aa) In addition to any other transfers that may be 
15provided for by law, on April 19, 2022 (the effective date of 
16Public Act 102-699) this amendatory Act of the 102nd General 
17Assembly, or as soon thereafter as practical, but no later 
18than June 30, 2022, the State Comptroller shall direct and the 
19State Treasurer shall transfer the sum of $180,000,000 from 
20the General Revenue Fund to the Rebuild Illinois Projects 
21Fund.
22 (bb) In addition to any other transfers that may be 
23provided for by law, on July 1, 2022, or as soon thereafter as 
24practical, the State Comptroller shall direct and the State 
25Treasurer shall transfer the sum of $500,000 from the General 
26Revenue Fund to the Governor's Administrative Fund.
 
 
10200SB1720ham003- 40 -LRB102 15815 JDS 42540 a


1 (cc) In addition to any other transfers that may be 
2provided for by law, on July 1, 2022, or as soon thereafter as 
3practical, the State Comptroller shall direct and the State 
4Treasurer shall transfer the sum of $500,000 from the General 
5Revenue Fund to the Grant Accountability and Transparency 
6Fund. 
7 (dd) (z) In addition to any other transfers that may be 
8provided by law, on April 19, 2022 (the effective date of 
9Public Act 102-700) this amendatory Act of the 102nd General 
10Assembly, or as soon thereafter as practical, but no later 
11than June 30, 2022, the State Comptroller shall direct and the 
12State Treasurer shall transfer the sum of $685,000,000 from 
13the General Revenue Fund to the Income Tax Refund Fund. Moneys 
14from this transfer shall be used for the purpose of making the 
15one-time rebate payments provided under Section 212.1 of the 
16Illinois Income Tax Act. 
17 (ee) (aa) In addition to any other transfers that may be 
18provided by law, beginning on April 19, 2022 (the effective 
19date of Public Act 102-700) this amendatory Act of the 102nd 
20General Assembly and until December 31, 2023, at the direction 
21of the Department of Revenue, the State Comptroller shall 
22direct and the State Treasurer shall transfer from the General 
23Revenue Fund to the Income Tax Refund Fund any amounts needed 
24beyond the amounts transferred in subsection (dd) (z) to make 
25payments of the one-time rebate payments provided under 
26Section 212.1 of the Illinois Income Tax Act. 
 
 
10200SB1720ham003- 41 -LRB102 15815 JDS 42540 a


1 (ff) (z) In addition to any other transfers that may be 
2provided for by law, on April 19, 2022 (the effective date of 
3Public Act 102-700) this amendatory Act of the 102nd General 
4Assembly, or as soon thereafter as practical, but no later 
5than June 30, 2022, the State Comptroller shall direct and the 
6State Treasurer shall transfer the sum of $720,000,000 from 
7the General Revenue Fund to the Budget Stabilization Fund.
8 (gg) (aa) In addition to any other transfers that may be 
9provided for by law, on July 1, 2022, or as soon thereafter as 
10practical, the State Comptroller shall direct and the State 
11Treasurer shall transfer the sum of $280,000,000 from the 
12General Revenue Fund to the Budget Stabilization Fund.
13 (hh) (bb) In addition to any other transfers that may be 
14provided for by law, on July 1, 2022, or as soon thereafter as 
15practical, the State Comptroller shall direct and the State 
16Treasurer shall transfer the sum of $200,000,000 from the 
17General Revenue Fund to the Pension Stabilization Fund.
18 (ii) In addition to any other transfers that may be 
19provided for by law, on January 1, 2023, or as soon thereafter 
20as practical, the State Comptroller shall direct and the State 
21Treasurer shall transfer the sum of $850,000,000 from the 
22General Revenue Fund to the Budget Stabilization Fund.
23 (jj) In addition to any other transfers that may be 
24provided for by law, at a time or times during Fiscal Year 2023 
25as directed by the Governor, the State Comptroller shall 
26direct and the State Treasurer shall transfer up to a total of 
 
 
10200SB1720ham003- 42 -LRB102 15815 JDS 42540 a


1$400,000,000 from the General Revenue Fund to the Large 
2Business Attraction Fund.
3 (kk) In addition to any other transfers that may be 
4provided for by law, on January 1, 2023, or as soon thereafter 
5as practical, the State Comptroller shall direct and the State 
6Treasurer shall transfer the sum of $72,000,000 from the 
7General Revenue Fund to the Disaster Response and Recovery 
8Fund. 
9(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 
10102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 102-700, Article 
1140, Section 40-5, eff. 4-19-22; 102-700, Article 80, Section 
1280-5, eff. 4-19-22; revised 6-23-22.)

13 Section 5-25. The Budget Stabilization Act is amended by 
14changing Section 15 as follows:

15 (30 ILCS 122/15)

16 Sec. 15. Transfers to Budget Stabilization Fund.
In 
17furtherance of the State's objective for the Budget 
18Stabilization
Fund to have resources representing 7.5% 5% of 
19the State's annual general
funds revenues:


20 (a) For each fiscal year when the General Assembly's

21appropriations and transfers or diversions as required by law

22from general funds do not exceed 99% of the
estimated general 
23funds revenues pursuant to subsection (a)
of Section 10, the 
24Comptroller shall transfer from the
General Revenue Fund as 
 
 
10200SB1720ham003- 43 -LRB102 15815 JDS 42540 a


1provided by this Section a total
amount equal to 0.5% of the 
2estimated general funds revenues
to the Budget Stabilization 
3Fund.


4 (b) For each fiscal year when the General Assembly's

5appropriations and transfers or diversions as required by law

6from general funds do not exceed 98% of the
estimated general 
7funds revenues pursuant to subsection (b)
of Section 10, the 
8Comptroller shall transfer from the
General Revenue Fund as 
9provided by this Section a total
amount equal to 1% of the 
10estimated general funds revenues to
the Budget Stabilization 
11Fund.


12 (c) The Comptroller shall transfer 1/12 of the total

13amount to be transferred each fiscal year under this Section

14into the Budget Stabilization Fund on the first day of each

15month of that fiscal year or as soon thereafter as possible.

16The balance of the Budget Stabilization Fund shall not exceed 
177.5%
5% of the total of general funds revenues estimated for 
18that
fiscal year except as provided by subsection (d) of this 
19Section.


20 (d) If the balance of the Budget Stabilization Fund

21exceeds 7.5% 5% of the total general funds revenues estimated 
22for that
fiscal year, the additional transfers are not 
23required unless there are
outstanding liabilities under 
24Section 25 of the State Finance Act from prior
fiscal years. If 
25there are such outstanding Section 25 liabilities, then the

26Comptroller shall continue to transfer 1/12 of the total 
 
 
10200SB1720ham003- 44 -LRB102 15815 JDS 42540 a


1amount identified
for transfer to the Budget Stabilization 
2Fund on the first day of each month
of that fiscal year or as 
3soon thereafter as possible to be reserved for
those Section 
425 liabilities. Nothing in this Act prohibits the General

5Assembly from appropriating additional moneys into the Budget 
6Stabilization
Fund.


7 (e) On or before August 31 of each fiscal year, the amount

8determined to be transferred to the Budget Stabilization Fund 
9shall be
reconciled to actual general funds revenues for that 
10fiscal year. The
final transfer for each fiscal year shall be 
11adjusted so that the
total amount transferred under this 
12Section is equal to the percentage specified in subsection
(a) 
13or (b) of this Section, as applicable, based on actual
general 
14funds revenues calculated consistently with subsection (c) of

15Section 10 of this Act for each fiscal year.


16 (f) For the fiscal year beginning July 1, 2006 and for each 
17fiscal
year thereafter, the budget proposal to the General 
18Assembly shall identify
liabilities incurred in a
prior fiscal 
19year under Section 25 of the State Finance Act and the budget

20proposal shall provide
funding as allowable pursuant to 
21subsection (d) of this Section, if
applicable.


22(Source: P.A. 93-660, eff. 7-1-04; 94-839, eff. 6-6-06.)

23 Section 5-27. If and only if House Bill 4285 of the 102nd 
24General Assembly becomes law as amended by Senate Amendment 
25No. 2, the Illinois Procurement Code is amended by changing 
 
 
10200SB1720ham003- 45 -LRB102 15815 JDS 42540 a


1Section 20-20 as follows:



2 (30 ILCS 500/20-20)



3 (Text of Section before amendment by P.A. 102-721)

4 Sec. 20-20. Small purchases. 

5 (a) Amount. Any individual procurement of supplies or

6services not exceeding $100,000 and any procurement of

7construction not exceeding
$100,000, or any individual 
8procurement of professional or artistic services not exceeding 
9$100,000 may be made without competitive source selection.

10Procurements shall not be artificially
divided so as to 
11constitute a small purchase under this Section. Any 
12procurement of construction not exceeding $100,000 may be made 
13by an alternative competitive source selection. The 
14construction agency shall establish rules for an alternative 
15competitive source selection process. This Section does not 
16apply to construction-related professional services contracts 
17awarded in accordance with the provisions of the 
18Architectural, Engineering, and Land Surveying Qualifications 
19Based Selection Act. 

20 (b) Adjustment. Each July 1, the small purchase maximum

21established in subsection (a)
shall be adjusted for inflation 
22as determined by the Consumer
Price Index for All Urban 
23Consumers as determined by the United States
Department of 
24Labor and rounded to the nearest $100.

25 (c) Based upon rules proposed by the Board and rules 
 
 
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1promulgated by the
chief procurement officers, the small 
2purchase maximum established in
subsection
(a) may be 
3modified.

4(Source: P.A. 100-43, eff. 8-9-17.)


5 (Text of Section after amendment by P.A. 102-721)

6 Sec. 20-20. Small purchases. 

7 (a) Amount. Any individual procurement of supplies or

8services not exceeding $100,000 and any procurement of

9construction not exceeding $100,000 $250,000, or any 
10individual procurement of professional or artistic services 
11not exceeding $100,000 may be made without competitive source 
12selection.
Procurements shall not be artificially
divided so 
13as to constitute a small purchase under this Section. Any 
14procurement of construction not exceeding $100,000 $250,000 
15may be made by an alternative competitive source selection. 
16The construction agency shall establish rules for an 
17alternative competitive source selection process. This Section 
18does not apply to construction-related professional services 
19contracts awarded in accordance with the provisions of the 
20Architectural, Engineering, and Land Surveying Qualifications 
21Based Selection Act. 

22 (b) Adjustment. Each July 1, the small purchase maximum

23established in subsection (a)
shall be adjusted for inflation 
24as determined by the Consumer
Price Index for All Urban 
25Consumers as determined by the United States
Department of 
 
 
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1Labor and rounded to the nearest $100.

2 (c) Based upon rules proposed by the Board and rules 
3promulgated by the
chief procurement officers, the small 
4purchase maximum established in
subsection
(a) may be 
5modified.

6 (d) Certification. All small purchases with an annual 
7value that exceeds $50,000 shall be accompanied by Standard 
8Illinois Certifications in a form prescribed by each Chief 
9Procurement Officer. 
10(Source: P.A. 102-721, eff. 1-1-23; 10200HB4285sam002.)


11 Section 5-28. The Build Illinois Act is amended by 
12changing Section 10-6 as follows:




13 (30 ILCS 750/10-6) (from Ch. 127, par. 2710-6)



14 Sec. 10-6. Large Business Attraction Fund. 

15 (a) There is created the Large Business Attraction Fund to

16be held as part of the State Treasury. The Department is

17authorized to make loans from the Fund for the purposes

18established under this Article. The State Treasurer shall have

19custody of the Fund and may invest in securities constituting

20direct obligations of the United States Government, in

21obligations the principal of and interest on which are

22guaranteed by the United States Government, or in certificates

23of deposit of any State or national bank that are fully
secured 
24by obligations guaranteed as to principal and interest
by the 
 
 
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1United States Government. The purpose of the Fund is
to offer 
2loans to finance large firms considering the location
of a 
3proposed plant in the State and to provide financing to
carry 
4out the purposes and provisions of paragraph (h) of
Section 
510-3. Financing shall be in the
form of a loan, mortgage, or 
6other debt instrument. All loans
shall be conditioned on the 
7project receiving financing from
participating lenders or 
8other sources. Loan proceeds shall
be available for project 
9costs associated with an expansion
of business capacity and 
10employment, except for debt refinancing.
Targeted companies 
11for the program shall primarily
consist of established 
12industrial and service companies with
proven records of 
13earnings that will sell their product to
markets beyond 
14Illinois and have proven multistate
location options. New 
15ventures shall be considered only if
the entity is protected 
16with adequate security with regard to
its financing and 
17operation. The limitations and conditions
with respect to the 
18use of this Fund shall not apply in
carrying out the purposes 
19and provisions of paragraph (h) of Section 10-3.

20 (b) Deposits into the Fund shall include, but are
not 
21limited to:


22  (1) Any appropriations, grants, or gifts made to
the 
23 Fund.


24  (2) Any income received from interest on investments

25 of amounts from the Fund not currently needed to meet
the 
26 obligations of the Fund.

 
 
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1 (c) The State Comptroller and the State Treasurer shall 
2from time to
time, upon the written direction of the Governor, 
3transfer from the Fund to
the General Revenue Fund or the 
4Budget Stabilization Fund, those amounts that the Governor 
5determines are in
excess of the amounts required to meet the 
6obligations of the Fund. Any amounts transferred to the Budget 
7Stabilization Fund may be transferred back to the Large 
8Business Attraction Fund by the State Comptroller and the 
9State Treasurer, upon the written direction of the Governor. 

10(Source: P.A. 90-372, eff. 7-1-98.)


11 Section 5-30. The Illinois Police Training Act is amended 
12by changing Section 6 as follows:



13 (50 ILCS 705/6) (from Ch. 85, par. 506)



14 Sec. 6. Powers and duties of the Board; selection and 
15certification of schools. The Board shall select
and certify 
16schools within the State of
Illinois for the purpose of 
17providing basic training for probationary law enforcement

18officers, probationary county corrections officers, and
court 
19security officers and
of providing advanced or in-service 
20training for permanent law enforcement officers
or permanent

21county corrections officers, which schools may be either 
22publicly or
privately owned and operated. In addition, the 
23Board has the following
power and duties:

24  a. To require law enforcement agencies to furnish such 
 
 
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1 reports and
information as the Board deems necessary to 
2 fully implement this Act.

3  b. To establish appropriate mandatory minimum 
4 standards
relating to the training of probationary local 
5 law enforcement officers
or probationary county 
6 corrections officers, and in-service training of permanent 
7 law enforcement officers.

8  c. To provide appropriate certification to those 
9 probationary
officers who successfully complete the 
10 prescribed minimum standard basic
training course.

11  d. To review and approve annual training curriculum 
12 for county sheriffs.

13  e. To review and approve applicants to ensure that no 
14 applicant is admitted
to a certified academy unless the 
15 applicant is a person of good character
and has not been 
16 convicted of, found guilty of, entered a plea of guilty 
17 to, or entered a plea of nolo contendere to a felony 
18 offense, any of the
misdemeanors in Sections 11-1.50, 
19 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, 
20 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1,
17-1, 17-2, 
21 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in 
22 violation of any Section of Part E of Title III of the 
23 Criminal Code of 1961 or the Criminal Code of 2012, or 
24 subsection (a) of Section 17-32 of the Criminal Code of 
25 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of 
26 the Cannabis Control Act, or a crime involving
moral

 
 
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1 turpitude under the laws of this State or any other state 
2 which if
committed in this State would be punishable as a 
3 felony or a crime of
moral turpitude, or any felony or 
4 misdemeanor in violation of federal law or the law of any 
5 state that is the equivalent of any of the offenses 
6 specified therein. The Board may appoint investigators who 
7 shall enforce
the duties conferred upon the Board by this 
8 Act.

9  For purposes of this paragraph e, a person is 
10 considered to have been convicted of, found guilty of, or 
11 entered a plea of guilty to, plea of nolo contendere to 
12 regardless of whether the adjudication of guilt or 
13 sentence is withheld or not entered thereon. This includes 
14 sentences of supervision, conditional discharge, or first 
15 offender probation, or any similar disposition provided 
16 for by law. 
17  f. To establish statewide standards for minimum 
18 standards regarding regular mental health screenings for 
19 probationary and permanent police officers, ensuring that 
20 counseling sessions and screenings remain confidential. 
21  g. To review and ensure all law enforcement officers 
22 remain in compliance with this Act, and any administrative 
23 rules adopted under this Act.
24  h. To suspend any certificate for a definite period, 
25 limit or restrict any certificate, or revoke any 
26 certificate.
 
 
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1  i. The Board and the Panel shall have power to secure 
2 by its subpoena and bring before it any person or entity in 
3 this State and to take testimony either orally or by 
4 deposition or both with the same fees and mileage and in 
5 the same manner as prescribed by law in judicial 
6 proceedings in civil cases in circuit courts of this 
7 State. The Board and the Panel shall also have the power to 
8 subpoena the production of documents, papers, files, 
9 books, documents, and records, whether in physical or 
10 electronic form, in support of the charges and for 
11 defense, and in connection with a hearing or 
12 investigation.
13  j. The Executive Director, the administrative law 
14 judge designated by the Executive Director, and each 
15 member of the Board and the Panel shall have the power to 
16 administer oaths to witnesses at any hearing that the 
17 Board is authorized to conduct under this Act and any 
18 other oaths required or authorized to be administered by 
19 the Board under this Act.
20  k. In case of the neglect or refusal of any person to 
21 obey a subpoena issued by the Board and the Panel, any 
22 circuit court, upon application of the Board and the 
23 Panel, through the Illinois Attorney General, may order 
24 such person to appear before the Board and the Panel give 
25 testimony or produce evidence, and any failure to obey 
26 such order is punishable by the court as a contempt 
 
 
10200SB1720ham003- 53 -LRB102 15815 JDS 42540 a


1 thereof. This order may be served by personal delivery, by 
2 email, or by mail to the address of record or email address 
3 of record. 
4  l. The Board shall have the power to administer state 
5 certification examinations. Any and all records related to 
6 these examinations, including, but not limited to, test 
7 questions, test formats, digital files, answer responses, 
8 answer keys, and scoring information shall be exempt from 
9 disclosure. 
10  m. To make grants, subject to appropriation, to units

11 of local government and public institutions of higher 
12 education for the purposes of hiring and retaining law 
13 enforcement officers. 
14(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, 
15Section 10-143, eff. 7-1-21; 101-652, Article 25, Section 
1625-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff. 
171-7-22.)

18 Section 5-35. The Liquor Control Act of 1934 is amended by 
19adding Section 3-4.1 as follows:

20 (235 ILCS 5/3-4.1 new)
21 Sec. 3-4.1. Obtaining evidence. The State Commission has 
22the power to expend sums that the Executive Director deems 
23necessary for the purchase of evidence and for the employment 
24of persons to obtain evidence. The sums shall be advanced to 
 
 
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1employees authorized by the Executive Director to expend 
2funds, on vouchers signed by the Executive Director.
3 In addition, the Executive Director is authorized to 
4maintain one or more commercial checking accounts with any 
5State banking corporation or corporations organized under or 
6subject to the Illinois Banking Act for the deposit and 
7withdrawal of moneys to be used solely for the purchase of 
8evidence and for the employment of persons to obtain evidence. 
9No check may be written on nor any withdrawal made from such an 
10account except on the written signature of 2 persons 
11designated by the Executive Director to write those checks and 
12make those withdrawals. The balance of moneys on deposit in 
13any such account shall not exceed $25,000 at any time, nor 
14shall any one check written on or single withdrawal made from 
15any such account exceed $25,000. 

16 Section 5-36. The Illinois Public Aid Code is amended by 
17changing Sections 4-1.6 as follows:



18 (305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)



19 Sec. 4-1.6. Need. Income available to the family as 
20defined by the
Illinois Department by rule, or to the child
in 
21the case of a child removed from his or her home, when added to

22contributions in money, substance or services from other 
23sources,
including income available from parents absent from 
24the home or from a
stepparent, contributions made for the 
 
 
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1benefit of the parent or other
persons necessary to provide 
2care and supervision to the child, and
contributions from 
3legally responsible relatives, must be equal to or less than 
4the grant amount established by Department regulation for such

5a person. For purposes of eligibility for aid under this 
6Article, the Department shall (a) disregard all earned income 
7between the grant amount and 50% of the Federal Poverty Level 
8and (b) disregard the value of all assets held by the family. 

9 In considering income to be taken into account, 
10consideration shall
be given to any expenses reasonably 
11attributable to the earning of such
income. Three-fourths of 
12the earned income of a household eligible for aid under this 
13Article shall be disregarded when determining the level of 
14assistance for which a household is eligible. All The first 
15$100 of child support, whether it be current support, past 
16support owed, or future support, that is collected on or after 
17January 1, 2023 on behalf of a family in a month for one child 
18and the first $200 of child support collected on behalf of a 
19family in a month for 2 or more children shall be passed 
20through to the family and disregarded in determining the 
21amount of the assistance grant provided to the family under 
22this Article. Any amount of child support that would be 
23disregarded in determining the amount of the assistance grant 
24shall be disregarded in determining eligibility for cash 
25assistance provided under this Article. The Illinois 
26Department may also permit all or any
portion of earned or 
 
 
10200SB1720ham003- 56 -LRB102 15815 JDS 42540 a


1other income to be set aside for the future
identifiable needs 
2of a child. The Illinois Department
may provide by rule and 
3regulation for the exemptions thus permitted or
required. The 
4eligibility of any applicant for or recipient of public
aid 
5under this Article is not affected by the payment of any grant 
6under
the "Senior Citizens and Persons with Disabilities 
7Property Tax Relief Act" or any distributions or items of 
8income
described under subparagraph (X) of
paragraph (2) of 
9subsection (a) of Section 203 of the Illinois Income Tax
Act.

10 The Illinois Department may, by rule, set forth criteria 
11under which an
assistance unit is ineligible for cash 
12assistance under this Article for a
specified number of months 
13due to the receipt of a lump sum payment.

14(Source: P.A. 98-114, eff. 7-29-13; 99-143, eff. 7-27-15; 
1599-899, eff. 1-1-17.)


16 Section 5-37. The Illinois Public Aid Code is amended by 
17changing Section 5A-12.7 as follows:

18 (305 ILCS 5/5A-12.7)
19 (Section scheduled to be repealed on December 31, 2026)
20 Sec. 5A-12.7. Continuation of hospital access payments on 
21and after July 1, 2020.
22 (a) To preserve and improve access to hospital services, 
23for hospital services rendered on and after July 1, 2020, the 
24Department shall, except for hospitals described in subsection 
 
 
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1(b) of Section 5A-3, make payments to hospitals or require 
2capitated managed care organizations to make payments as set 
3forth in this Section. Payments under this Section are not due 
4and payable, however, until: (i) the methodologies described 
5in this Section are approved by the federal government in an 
6appropriate State Plan amendment or directed payment preprint; 
7and (ii) the assessment imposed under this Article is 
8determined to be a permissible tax under Title XIX of the 
9Social Security Act. In determining the hospital access 
10payments authorized under subsection (g) of this Section, if a 
11hospital ceases to qualify for payments from the pool, the 
12payments for all hospitals continuing to qualify for payments 
13from such pool shall be uniformly adjusted to fully expend the 
14aggregate net amount of the pool, with such adjustment being 
15effective on the first day of the second month following the 
16date the hospital ceases to receive payments from such pool.
17 (b) Amounts moved into claims-based rates and distributed 
18in accordance with Section 14-12 shall remain in those 
19claims-based rates.
20 (c) Graduate medical education.
21  (1) The calculation of graduate medical education 
22 payments shall be based on the hospital's Medicare cost 
23 report ending in Calendar Year 2018, as reported in the 
24 Healthcare Cost Report Information System file, release 
25 date September 30, 2019. An Illinois hospital reporting 
26 intern and resident cost on its Medicare cost report shall 
 
 
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1 be eligible for graduate medical education payments.
2  (2) Each hospital's annualized Medicaid Intern 
3 Resident Cost is calculated using annualized intern and 
4 resident total costs obtained from Worksheet B Part I, 
5 Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93, 
6 96-98, and 105-112 multiplied by the percentage that the 
7 hospital's Medicaid days (Worksheet S3 Part I, Column 7, 
8 Lines 2, 3, 4, 14, 16-18, and 32) comprise of the 
9 hospital's total days (Worksheet S3 Part I, Column 8, 
10 Lines 14, 16-18, and 32).
11  (3) An annualized Medicaid indirect medical education 
12 (IME) payment is calculated for each hospital using its 
13 IME payments (Worksheet E Part A, Line 29, Column 1) 
14 multiplied by the percentage that its Medicaid days 
15 (Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18, 
16 and 32) comprise of its Medicare days (Worksheet S3 Part 
17 I, Column 6, Lines 2, 3, 4, 14, and 16-18).
18  (4) For each hospital, its annualized Medicaid Intern 
19 Resident Cost and its annualized Medicaid IME payment are 
20 summed, and, except as capped at 120% of the average cost 
21 per intern and resident for all qualifying hospitals as 
22 calculated under this paragraph, is multiplied by the 
23 applicable reimbursement factor as described in this 
24 paragraph, to determine the hospital's final graduate 
25 medical education payment. Each hospital's average cost 
26 per intern and resident shall be calculated by summing its 
 
 
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1 total annualized Medicaid Intern Resident Cost plus its 
2 annualized Medicaid IME payment and dividing that amount 
3 by the hospital's total Full Time Equivalent Residents and 
4 Interns. If the hospital's average per intern and resident 
5 cost is greater than 120% of the same calculation for all 
6 qualifying hospitals, the hospital's per intern and 
7 resident cost shall be capped at 120% of the average cost 
8 for all qualifying hospitals.
9   (A) For the period of July 1, 2020 through 
10 December 31, 2022, the applicable reimbursement factor 
11 shall be 22.6%. 
12   (B) For the period of January 1, 2023 through 
13 December 31, 2026, the applicable reimbursement factor 
14 shall be 35% for all qualified safety-net hospitals, 
15 as defined in Section 5-5e.1 of this Code, and all 
16 hospitals with 100 or more Full Time Equivalent 
17 Residents and Interns, as reported on the hospital's 
18 Medicare cost report ending in Calendar Year 2018, and 
19 for all other qualified hospitals the applicable 
20 reimbursement factor shall be 30%. 
21 (d) Fee-for-service supplemental payments. For the period 
22of July 1, 2020 through December 31, 2022, each Illinois 
23hospital shall receive an annual payment equal to the amounts 
24below, to be paid in 12 equal installments on or before the 
25seventh State business day of each month, except that no 
26payment shall be due within 30 days after the later of the date 
 
 
10200SB1720ham003- 60 -LRB102 15815 JDS 42540 a


1of notification of federal approval of the payment 
2methodologies required under this Section or any waiver 
3required under 42 CFR 433.68, at which time the sum of amounts 
4required under this Section prior to the date of notification 
5is due and payable.
6  (1) For critical access hospitals, $385 per covered 
7 inpatient day contained in paid fee-for-service claims and 
8 $530 per paid fee-for-service outpatient claim for dates 
9 of service in Calendar Year 2019 in the Department's 
10 Enterprise Data Warehouse as of May 11, 2020.
11  (2) For safety-net hospitals, $960 per covered 
12 inpatient day contained in paid fee-for-service claims and 
13 $625 per paid fee-for-service outpatient claim for dates 
14 of service in Calendar Year 2019 in the Department's 
15 Enterprise Data Warehouse as of May 11, 2020.
16  (3) For long term acute care hospitals, $295 per 
17 covered inpatient day contained in paid fee-for-service 
18 claims for dates of service in Calendar Year 2019 in the 
19 Department's Enterprise Data Warehouse as of May 11, 2020.
20  (4) For freestanding psychiatric hospitals, $125 per 
21 covered inpatient day contained in paid fee-for-service 
22 claims and $130 per paid fee-for-service outpatient claim 
23 for dates of service in Calendar Year 2019 in the 
24 Department's Enterprise Data Warehouse as of May 11, 2020.
25  (5) For freestanding rehabilitation hospitals, $355 
26 per covered inpatient day contained in paid 
 
 
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1 fee-for-service claims for dates of service in Calendar 
2 Year 2019 in the Department's Enterprise Data Warehouse as 
3 of May 11, 2020.
4  (6) For all general acute care hospitals and high 
5 Medicaid hospitals as defined in subsection (f), $350 per 
6 covered inpatient day for dates of service in Calendar 
7 Year 2019 contained in paid fee-for-service claims and 
8 $620 per paid fee-for-service outpatient claim in the 
9 Department's Enterprise Data Warehouse as of May 11, 2020.
10  (7) Alzheimer's treatment access payment. Each 
11 Illinois academic medical center or teaching hospital, as 
12 defined in Section 5-5e.2 of this Code, that is identified 
13 as the primary hospital affiliate of one of the Regional 
14 Alzheimer's Disease Assistance Centers, as designated by 
15 the Alzheimer's Disease Assistance Act and identified in 
16 the Department of Public Health's Alzheimer's Disease 
17 State Plan dated December 2016, shall be paid an 
18 Alzheimer's treatment access payment equal to the product 
19 of the qualifying hospital's State Fiscal Year 2018 total 
20 inpatient fee-for-service days multiplied by the 
21 applicable Alzheimer's treatment rate of $226.30 for 
22 hospitals located in Cook County and $116.21 for hospitals 
23 located outside Cook County.
24 (d-2) Fee-for-service supplemental payments. Beginning 
25January 1, 2023, each Illinois hospital shall receive an 
26annual payment equal to the amounts listed below, to be paid in 
 
 
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112 equal installments on or before the seventh State business 
2day of each month, except that no payment shall be due within 
330 days after the later of the date of notification of federal 
4approval of the payment methodologies required under this 
5Section or any waiver required under 42 CFR 433.68, at which 
6time the sum of amounts required under this Section prior to 
7the date of notification is due and payable. The Department 
8may adjust the rates in paragraphs (1) through (7) to comply 
9with the federal upper payment limits, with such adjustments 
10being determined so that the total estimated spending by 
11hospital class, under such adjusted rates, remains 
12substantially similar to the total estimated spending under 
13the original rates set forth in this subsection. 
14  (1) For critical access hospitals, as defined in 
15 subsection (f), $750 per covered inpatient day contained 
16 in paid fee-for-service claims and $750 per paid 
17 fee-for-service outpatient claim for dates of service in 
18 Calendar Year 2019 in the Department's Enterprise Data 
19 Warehouse as of August 6, 2021.
20  (2) For safety-net hospitals, as described in 
21 subsection (f), $1,350 per inpatient day contained in paid 
22 fee-for-service claims and $1,350 per paid fee-for-service 
23 outpatient claim for dates of service in Calendar Year 
24 2019 in the Department's Enterprise Data Warehouse as of 
25 August 6, 2021.
26  (3) For long term acute care hospitals, $550 per 
 
 
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1 covered inpatient day contained in paid fee-for-service 
2 claims for dates of service in Calendar Year 2019 in the 
3 Department's Enterprise Data Warehouse as of August 6, 
4 2021.
5  (4) For freestanding psychiatric hospitals, $200 per 
6 covered inpatient day contained in paid fee-for-service 
7 claims and $200 per paid fee-for-service outpatient claim 
8 for dates of service in Calendar Year 2019 in the 
9 Department's Enterprise Data Warehouse as of August 6, 
10 2021.
11  (5) For freestanding rehabilitation hospitals, $550 
12 per covered inpatient day contained in paid 
13 fee-for-service claims and $125 per paid fee-for-service 
14 outpatient claim for dates of service in Calendar Year 
15 2019 in the Department's Enterprise Data Warehouse as of 
16 August 6, 2021.
17  (6) For all general acute care hospitals and high 
18 Medicaid hospitals as defined in subsection (f), $500 per 
19 covered inpatient day for dates of service in Calendar 
20 Year 2019 contained in paid fee-for-service claims and 
21 $500 per paid fee-for-service outpatient claim in the 
22 Department's Enterprise Data Warehouse as of August 6, 
23 2021.
24  (7) For public hospitals, as defined in subsection 
25 (f), $275 per covered inpatient day contained in paid 
26 fee-for-service claims and $275 per paid fee-for-service 
 
 
10200SB1720ham003- 64 -LRB102 15815 JDS 42540 a


1 outpatient claim for dates of service in Calendar Year 
2 2019 in the Department's Enterprise Data Warehouse as of 
3 August 6, 2021.
4  (8) Alzheimer's treatment access payment. Each 
5 Illinois academic medical center or teaching hospital, as 
6 defined in Section 5-5e.2 of this Code, that is identified 
7 as the primary hospital affiliate of one of the Regional 
8 Alzheimer's Disease Assistance Centers, as designated by 
9 the Alzheimer's Disease Assistance Act and identified in 
10 the Department of Public Health's Alzheimer's Disease 
11 State Plan dated December 2016, shall be paid an 
12 Alzheimer's treatment access payment equal to the product 
13 of the qualifying hospital's Calendar Year 2019 total 
14 inpatient fee-for-service days, in the Department's 
15 Enterprise Data Warehouse as of August 6, 2021, multiplied 
16 by the applicable Alzheimer's treatment rate of $244.37 
17 for hospitals located in Cook County and $312.03 for 
18 hospitals located outside Cook County.
19 (e) The Department shall require managed care 
20organizations (MCOs) to make directed payments and 
21pass-through payments according to this Section. Each calendar 
22year, the Department shall require MCOs to pay the maximum 
23amount out of these funds as allowed as pass-through payments 
24under federal regulations. The Department shall require MCOs 
25to make such pass-through payments as specified in this 
26Section. The Department shall require the MCOs to pay the 
 
 
10200SB1720ham003- 65 -LRB102 15815 JDS 42540 a


1remaining amounts as directed Payments as specified in this 
2Section. The Department shall issue payments to the 
3Comptroller by the seventh business day of each month for all 
4MCOs that are sufficient for MCOs to make the directed 
5payments and pass-through payments according to this Section. 
6The Department shall require the MCOs to make pass-through 
7payments and directed payments using electronic funds 
8transfers (EFT), if the hospital provides the information 
9necessary to process such EFTs, in accordance with directions 
10provided monthly by the Department, within 7 business days of 
11the date the funds are paid to the MCOs, as indicated by the 
12"Paid Date" on the website of the Office of the Comptroller if 
13the funds are paid by EFT and the MCOs have received directed 
14payment instructions. If funds are not paid through the 
15Comptroller by EFT, payment must be made within 7 business 
16days of the date actually received by the MCO. The MCO will be 
17considered to have paid the pass-through payments when the 
18payment remittance number is generated or the date the MCO 
19sends the check to the hospital, if EFT information is not 
20supplied. If an MCO is late in paying a pass-through payment or 
21directed payment as required under this Section (including any 
22extensions granted by the Department), it shall pay a penalty, 
23unless waived by the Department for reasonable cause, to the 
24Department equal to 5% of the amount of the pass-through 
25payment or directed payment not paid on or before the due date 
26plus 5% of the portion thereof remaining unpaid on the last day 
 
 
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1of each 30-day period thereafter. Payments to MCOs that would 
2be paid consistent with actuarial certification and enrollment 
3in the absence of the increased capitation payments under this 
4Section shall not be reduced as a consequence of payments made 
5under this subsection. The Department shall publish and 
6maintain on its website for a period of no less than 8 calendar 
7quarters, the quarterly calculation of directed payments and 
8pass-through payments owed to each hospital from each MCO. All 
9calculations and reports shall be posted no later than the 
10first day of the quarter for which the payments are to be 
11issued.
12 (f)(1) For purposes of allocating the funds included in 
13capitation payments to MCOs, Illinois hospitals shall be 
14divided into the following classes as defined in 
15administrative rules:
16  (A) Beginning July 1, 2020 through December 31, 2022, 
17 critical access hospitals. Beginning January 1, 2023, 
18 "critical access hospital" means a hospital designated by 
19 the Department of Public Health as a critical access 
20 hospital, excluding any hospital meeting the definition of 
21 a public hospital in subparagraph (F). 
22  (B) Safety-net hospitals, except that stand-alone 
23 children's hospitals that are not specialty children's 
24 hospitals will not be included. For the calendar year 
25 beginning January 1, 2023, and each calendar year 
26 thereafter, assignment to the safety-net class shall be 
 
 
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1 based on the annual safety-net rate year beginning 15 
2 months before the beginning of the first Payout Quarter of 
3 the calendar year. 
4  (C) Long term acute care hospitals.
5  (D) Freestanding psychiatric hospitals.
6  (E) Freestanding rehabilitation hospitals.
7  (F) Beginning January 1, 2023, "public hospital" means 
8 a hospital that is owned or operated by an Illinois 
9 Government body or municipality, excluding a hospital 
10 provider that is a State agency, a State university, or a 
11 county with a population of 3,000,000 or more. 
12  (G) High Medicaid hospitals. 
13   (i) As used in this Section, "high Medicaid 
14 hospital" means a general acute care hospital that:
15    (I) For the payout periods July 1, 2020 
16 through December 31, 2022, is not a safety-net 
17 hospital or critical access hospital and that has 
18 a Medicaid Inpatient Utilization Rate above 30% or 
19 a hospital that had over 35,000 inpatient Medicaid 
20 days during the applicable period. For the period 
21 July 1, 2020 through December 31, 2020, the 
22 applicable period for the Medicaid Inpatient 
23 Utilization Rate (MIUR) is the rate year 2020 MIUR 
24 and for the number of inpatient days it is State 
25 fiscal year 2018. Beginning in calendar year 2021, 
26 the Department shall use the most recently 
 
 
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1 determined MIUR, as defined in subsection (h) of 
2 Section 5-5.02, and for the inpatient day 
3 threshold, the State fiscal year ending 18 months 
4 prior to the beginning of the calendar year. For 
5 purposes of calculating MIUR under this Section, 
6 children's hospitals and affiliated general acute 
7 care hospitals shall be considered a single 
8 hospital.
9    (II) For the calendar year beginning January 
10 1, 2023, and each calendar year thereafter, is not 
11 a public hospital, safety-net hospital, or 
12 critical access hospital and that qualifies as a 
13 regional high volume hospital or is a hospital 
14 that has a Medicaid Inpatient Utilization Rate 
15 (MIUR) above 30%. As used in this item, "regional 
16 high volume hospital" means a hospital which ranks 
17 in the top 2 quartiles based on total hospital 
18 services volume, of all eligible general acute 
19 care hospitals, when ranked in descending order 
20 based on total hospital services volume, within 
21 the same Medicaid managed care region, as 
22 designated by the Department, as of January 1, 
23 2022. As used in this item, "total hospital 
24 services volume" means the total of all Medical 
25 Assistance hospital inpatient admissions plus all 
26 Medical Assistance hospital outpatient visits. For 
 
 
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1 purposes of determining regional high volume 
2 hospital inpatient admissions and outpatient 
3 visits, the Department shall use dates of service 
4 provided during State Fiscal Year 2020 for the 
5 Payout Quarter beginning January 1, 2023. The 
6 Department shall use dates of service from the 
7 State fiscal year ending 18 month before the 
8 beginning of the first Payout Quarter of the 
9 subsequent annual determination period. 
10   (ii) For the calendar year beginning January 1, 
11 2023, the Department shall use the Rate Year 2022 
12 Medicaid inpatient utilization rate (MIUR), as defined 
13 in subsection (h) of Section 5-5.02. For each 
14 subsequent annual determination, the Department shall 
15 use the MIUR applicable to the rate year ending 
16 September 30 of the year preceding the beginning of 
17 the calendar year. 
18  (H) General acute care hospitals. As used under this 
19 Section, "general acute care hospitals" means all other 
20 Illinois hospitals not identified in subparagraphs (A) 
21 through (G).
22 (2) Hospitals' qualification for each class shall be 
23assessed prior to the beginning of each calendar year and the 
24new class designation shall be effective January 1 of the next 
25year. The Department shall publish by rule the process for 
26establishing class determination.
 
 
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1 (g) Fixed pool directed payments. Beginning July 1, 2020, 
2the Department shall issue payments to MCOs which shall be 
3used to issue directed payments to qualified Illinois 
4safety-net hospitals and critical access hospitals on a 
5monthly basis in accordance with this subsection. Prior to the 
6beginning of each Payout Quarter beginning July 1, 2020, the 
7Department shall use encounter claims data from the 
8Determination Quarter, accepted by the Department's Medicaid 
9Management Information System for inpatient and outpatient 
10services rendered by safety-net hospitals and critical access 
11hospitals to determine a quarterly uniform per unit add-on for 
12each hospital class.
13  (1) Inpatient per unit add-on. A quarterly uniform per 
14 diem add-on shall be derived by dividing the quarterly 
15 Inpatient Directed Payments Pool amount allocated to the 
16 applicable hospital class by the total inpatient days 
17 contained on all encounter claims received during the 
18 Determination Quarter, for all hospitals in the class.
19   (A) Each hospital in the class shall have a 
20 quarterly inpatient directed payment calculated that 
21 is equal to the product of the number of inpatient days 
22 attributable to the hospital used in the calculation 
23 of the quarterly uniform class per diem add-on, 
24 multiplied by the calculated applicable quarterly 
25 uniform class per diem add-on of the hospital class.
26   (B) Each hospital shall be paid 1/3 of its 
 
 
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1 quarterly inpatient directed payment in each of the 3 
2 months of the Payout Quarter, in accordance with 
3 directions provided to each MCO by the Department.
4  (2) Outpatient per unit add-on. A quarterly uniform 
5 per claim add-on shall be derived by dividing the 
6 quarterly Outpatient Directed Payments Pool amount 
7 allocated to the applicable hospital class by the total 
8 outpatient encounter claims received during the 
9 Determination Quarter, for all hospitals in the class.
10   (A) Each hospital in the class shall have a 
11 quarterly outpatient directed payment calculated that 
12 is equal to the product of the number of outpatient 
13 encounter claims attributable to the hospital used in 
14 the calculation of the quarterly uniform class per 
15 claim add-on, multiplied by the calculated applicable 
16 quarterly uniform class per claim add-on of the 
17 hospital class.
18   (B) Each hospital shall be paid 1/3 of its 
19 quarterly outpatient directed payment in each of the 3 
20 months of the Payout Quarter, in accordance with 
21 directions provided to each MCO by the Department.
22  (3) Each MCO shall pay each hospital the Monthly 
23 Directed Payment as identified by the Department on its 
24 quarterly determination report.
25  (4) Definitions. As used in this subsection:
26   (A) "Payout Quarter" means each 3 month calendar 
 
 
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1 quarter, beginning July 1, 2020.
2   (B) "Determination Quarter" means each 3 month 
3 calendar quarter, which ends 3 months prior to the 
4 first day of each Payout Quarter.
5  (5) For the period July 1, 2020 through December 2020, 
6 the following amounts shall be allocated to the following 
7 hospital class directed payment pools for the quarterly 
8 development of a uniform per unit add-on:
9   (A) $2,894,500 for hospital inpatient services for 
10 critical access hospitals.
11   (B) $4,294,374 for hospital outpatient services 
12 for critical access hospitals.
13   (C) $29,109,330 for hospital inpatient services 
14 for safety-net hospitals.
15   (D) $35,041,218 for hospital outpatient services 
16 for safety-net hospitals.
17  (6) For the period January 1, 2023 through December 
18 31, 2023, the Department shall establish the amounts that 
19 shall be allocated to the hospital class directed payment 
20 fixed pools identified in this paragraph for the quarterly 
21 development of a uniform per unit add-on. The Department 
22 shall establish such amounts so that the total amount of 
23 payments to each hospital under this Section in calendar 
24 year 2023 is projected to be substantially similar to the 
25 total amount of such payments received by the hospital 
26 under this Section in calendar year 2021, adjusted for 
 
 
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1 increased funding provided for fixed pool directed 
2 payments under subsection (g) in calendar year 2022, 
3 assuming that the volume and acuity of claims are held 
4 constant. The Department shall publish the directed 
5 payment fixed pool amounts to be established under this 
6 paragraph on its website by November 15, 2022. 
7   (A) Hospital inpatient services for critical 
8 access hospitals.
9   (B) Hospital outpatient services for critical 
10 access hospitals.
11   (C) Hospital inpatient services for public 
12 hospitals.
13   (D) Hospital outpatient services for public 
14 hospitals.
15   (E) Hospital inpatient services for safety-net 
16 hospitals.
17   (F) Hospital outpatient services for safety-net 
18 hospitals.
19  (7) Semi-annual rate maintenance review. The 
20 Department shall ensure that hospitals assigned to the 
21 fixed pools in paragraph (6) are paid no less than 95% of 
22 the annual initial rate for each 6-month period of each 
23 annual payout period. For each calendar year, the 
24 Department shall calculate the annual initial rate per day 
25 and per visit for each fixed pool hospital class listed in 
26 paragraph (6), by dividing the total of all applicable 
 
 
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1 inpatient or outpatient directed payments issued in the 
2 preceding calendar year to the hospitals in each fixed 
3 pool class for the calendar year, plus any increase 
4 resulting from the annual adjustments described in 
5 subsection (i), by the actual applicable total service 
6 units for the preceding calendar year which were the basis 
7 of the total applicable inpatient or outpatient directed 
8 payments issued to the hospitals in each fixed pool class 
9 in the calendar year, except that for calendar year 2023, 
10 the service units from calendar year 2021 shall be used. 
11   (A) The Department shall calculate the effective 
12 rate, per day and per visit, for the payout periods of 
13 January to June and July to December of each year, for 
14 each fixed pool listed in paragraph (6), by dividing 
15 50% of the annual pool by the total applicable 
16 reported service units for the 2 applicable 
17 determination quarters.
18   (B) If the effective rate calculated in 
19 subparagraph (A) is less than 95% of the annual 
20 initial rate assigned to the class for each pool under 
21 paragraph (6), the Department shall adjust the payment 
22 for each hospital to a level equal to no less than 95% 
23 of the annual initial rate, by issuing a retroactive 
24 adjustment payment for the 6-month period under review 
25 as identified in subparagraph (A). 
26 (h) Fixed rate directed payments. Effective July 1, 2020, 
 
 
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1the Department shall issue payments to MCOs which shall be 
2used to issue directed payments to Illinois hospitals not 
3identified in paragraph (g) on a monthly basis. Prior to the 
4beginning of each Payout Quarter beginning July 1, 2020, the 
5Department shall use encounter claims data from the 
6Determination Quarter, accepted by the Department's Medicaid 
7Management Information System for inpatient and outpatient 
8services rendered by hospitals in each hospital class 
9identified in paragraph (f) and not identified in paragraph 
10(g). For the period July 1, 2020 through December 2020, the 
11Department shall direct MCOs to make payments as follows:
12  (1) For general acute care hospitals an amount equal 
13 to $1,750 multiplied by the hospital's category of service 
14 20 case mix index for the determination quarter multiplied 
15 by the hospital's total number of inpatient admissions for 
16 category of service 20 for the determination quarter.
17  (2) For general acute care hospitals an amount equal 
18 to $160 multiplied by the hospital's category of service 
19 21 case mix index for the determination quarter multiplied 
20 by the hospital's total number of inpatient admissions for 
21 category of service 21 for the determination quarter.
22  (3) For general acute care hospitals an amount equal 
23 to $80 multiplied by the hospital's category of service 22 
24 case mix index for the determination quarter multiplied by 
25 the hospital's total number of inpatient admissions for 
26 category of service 22 for the determination quarter.
 
 
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1  (4) For general acute care hospitals an amount equal 
2 to $375 multiplied by the hospital's category of service 
3 24 case mix index for the determination quarter multiplied 
4 by the hospital's total number of category of service 24 
5 paid EAPG (EAPGs) for the determination quarter.
6  (5) For general acute care hospitals an amount equal 
7 to $240 multiplied by the hospital's category of service 
8 27 and 28 case mix index for the determination quarter 
9 multiplied by the hospital's total number of category of 
10 service 27 and 28 paid EAPGs for the determination 
11 quarter.
12  (6) For general acute care hospitals an amount equal 
13 to $290 multiplied by the hospital's category of service 
14 29 case mix index for the determination quarter multiplied 
15 by the hospital's total number of category of service 29 
16 paid EAPGs for the determination quarter.
17  (7) For high Medicaid hospitals an amount equal to 
18 $1,800 multiplied by the hospital's category of service 20 
19 case mix index for the determination quarter multiplied by 
20 the hospital's total number of inpatient admissions for 
21 category of service 20 for the determination quarter.
22  (8) For high Medicaid hospitals an amount equal to 
23 $160 multiplied by the hospital's category of service 21 
24 case mix index for the determination quarter multiplied by 
25 the hospital's total number of inpatient admissions for 
26 category of service 21 for the determination quarter.
 
 
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1  (9) For high Medicaid hospitals an amount equal to $80 
2 multiplied by the hospital's category of service 22 case 
3 mix index for the determination quarter multiplied by the 
4 hospital's total number of inpatient admissions for 
5 category of service 22 for the determination quarter.
6  (10) For high Medicaid hospitals an amount equal to 
7 $400 multiplied by the hospital's category of service 24 
8 case mix index for the determination quarter multiplied by 
9 the hospital's total number of category of service 24 paid 
10 EAPG outpatient claims for the determination quarter.
11  (11) For high Medicaid hospitals an amount equal to 
12 $240 multiplied by the hospital's category of service 27 
13 and 28 case mix index for the determination quarter 
14 multiplied by the hospital's total number of category of 
15 service 27 and 28 paid EAPGs for the determination 
16 quarter.
17  (12) For high Medicaid hospitals an amount equal to 
18 $290 multiplied by the hospital's category of service 29 
19 case mix index for the determination quarter multiplied by 
20 the hospital's total number of category of service 29 paid 
21 EAPGs for the determination quarter.
22  (13) For long term acute care hospitals the amount of 
23 $495 multiplied by the hospital's total number of 
24 inpatient days for the determination quarter.
25  (14) For psychiatric hospitals the amount of $210 
26 multiplied by the hospital's total number of inpatient 
 
 
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1 days for category of service 21 for the determination 
2 quarter.
3  (15) For psychiatric hospitals the amount of $250 
4 multiplied by the hospital's total number of outpatient 
5 claims for category of service 27 and 28 for the 
6 determination quarter.
7  (16) For rehabilitation hospitals the amount of $410 
8 multiplied by the hospital's total number of inpatient 
9 days for category of service 22 for the determination 
10 quarter.
11  (17) For rehabilitation hospitals the amount of $100 
12 multiplied by the hospital's total number of outpatient 
13 claims for category of service 29 for the determination 
14 quarter.
15  (18) Effective for the Payout Quarter beginning 
16 January 1, 2023, for the directed payments to hospitals 
17 required under this subsection, the Department shall 
18 establish the amounts that shall be used to calculate such 
19 directed payments using the methodologies specified in 
20 this paragraph. The Department shall use a single, uniform 
21 rate, adjusted for acuity as specified in paragraphs (1) 
22 through (12), for all categories of inpatient services 
23 provided by each class of hospitals and a single uniform 
24 rate, adjusted for acuity as specified in paragraphs (1) 
25 through (12), for all categories of outpatient services 
26 provided by each class of hospitals. The Department shall 
 
 
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1 establish such amounts so that the total amount of 
2 payments to each hospital under this Section in calendar 
3 year 2023 is projected to be substantially similar to the 
4 total amount of such payments received by the hospital 
5 under this Section in calendar year 2021, adjusted for 
6 increased funding provided for fixed pool directed 
7 payments under subsection (g) in calendar year 2022, 
8 assuming that the volume and acuity of claims are held 
9 constant. The Department shall publish the directed 
10 payment amounts to be established under this subsection on 
11 its website by November 15, 2022. 
12  (19) Each hospital shall be paid 1/3 of their 
13 quarterly inpatient and outpatient directed payment in 
14 each of the 3 months of the Payout Quarter, in accordance 
15 with directions provided to each MCO by the Department.
16  20 Each MCO shall pay each hospital the Monthly 
17 Directed Payment amount as identified by the Department on 
18 its quarterly determination report.
19 Notwithstanding any other provision of this subsection, if 
20the Department determines that the actual total hospital 
21utilization data that is used to calculate the fixed rate 
22directed payments is substantially different than anticipated 
23when the rates in this subsection were initially determined 
24for unforeseeable circumstances (such as the COVID-19 pandemic 
25or some other public health emergency), the Department may 
26adjust the rates specified in this subsection so that the 
 
 
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1total directed payments approximate the total spending amount 
2anticipated when the rates were initially established. 
3 Definitions. As used in this subsection:
4   (A) "Payout Quarter" means each calendar quarter, 
5 beginning July 1, 2020.
6   (B) "Determination Quarter" means each calendar 
7 quarter which ends 3 months prior to the first day of 
8 each Payout Quarter.
9   (C) "Case mix index" means a hospital specific 
10 calculation. For inpatient claims the case mix index 
11 is calculated each quarter by summing the relative 
12 weight of all inpatient Diagnosis-Related Group (DRG) 
13 claims for a category of service in the applicable 
14 Determination Quarter and dividing the sum by the 
15 number of sum total of all inpatient DRG admissions 
16 for the category of service for the associated claims. 
17 The case mix index for outpatient claims is calculated 
18 each quarter by summing the relative weight of all 
19 paid EAPGs in the applicable Determination Quarter and 
20 dividing the sum by the sum total of paid EAPGs for the 
21 associated claims.
22 (i) Beginning January 1, 2021, the rates for directed 
23payments shall be recalculated in order to spend the 
24additional funds for directed payments that result from 
25reduction in the amount of pass-through payments allowed under 
26federal regulations. The additional funds for directed 
 
 
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1payments shall be allocated proportionally to each class of 
2hospitals based on that class' proportion of services.
3  (1) Beginning January 1, 2024, the fixed pool directed 
4 payment amounts and the associated annual initial rates 
5 referenced in paragraph (6) of subsection (f) for each 
6 hospital class shall be uniformly increased by a ratio of 
7 not less than, the ratio of the total pass-through 
8 reduction amount pursuant to paragraph (4) of subsection 
9 (j), for the hospitals comprising the hospital fixed pool 
10 directed payment class for the next calendar year, to the 
11 total inpatient and outpatient directed payments for the 
12 hospitals comprising the hospital fixed pool directed 
13 payment class paid during the preceding calendar year. 
14  (2) Beginning January 1, 2024, the fixed rates for the 
15 directed payments referenced in paragraph (18) of 
16 subsection (h) for each hospital class shall be uniformly 
17 increased by a ratio of not less than, the ratio of the 
18 total pass-through reduction amount pursuant to paragraph 
19 (4) of subsection (j), for the hospitals comprising the 
20 hospital directed payment class for the next calendar 
21 year, to the total inpatient and outpatient directed 
22 payments for the hospitals comprising the hospital fixed 
23 rate directed payment class paid during the preceding 
24 calendar year. 
25 (j) Pass-through payments.
26  (1) For the period July 1, 2020 through December 31, 
 
 
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1 2020, the Department shall assign quarterly pass-through 
2 payments to each class of hospitals equal to one-fourth of 
3 the following annual allocations:
4   (A) $390,487,095 to safety-net hospitals.
5   (B) $62,553,886 to critical access hospitals.
6   (C) $345,021,438 to high Medicaid hospitals.
7   (D) $551,429,071 to general acute care hospitals.
8   (E) $27,283,870 to long term acute care hospitals.
9   (F) $40,825,444 to freestanding psychiatric 
10 hospitals.
11   (G) $9,652,108 to freestanding rehabilitation 
12 hospitals.
13  (2) For the period of July 1, 2020 through December 
14 31, 2020, the pass-through payments shall at a minimum 
15 ensure hospitals receive a total amount of monthly 
16 payments under this Section as received in calendar year 
17 2019 in accordance with this Article and paragraph (1) of 
18 subsection (d-5) of Section 14-12, exclusive of amounts 
19 received through payments referenced in subsection (b).
20  (3) For the calendar year beginning January 1, 2023, 
21 the Department shall establish the annual pass-through 
22 allocation to each class of hospitals and the pass-through 
23 payments to each hospital so that the total amount of 
24 payments to each hospital under this Section in calendar 
25 year 2023 is projected to be substantially similar to the 
26 total amount of such payments received by the hospital 
 
 
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1 under this Section in calendar year 2021, adjusted for 
2 increased funding provided for fixed pool directed 
3 payments under subsection (g) in calendar year 2022, 
4 assuming that the volume and acuity of claims are held 
5 constant. The Department shall publish the pass-through 
6 allocation to each class and the pass-through payments to 
7 each hospital to be established under this subsection on 
8 its website by November 15, 2022. 
9  (4) For the calendar years beginning January 1, 2021, 
10 January 1, 2022, and January 1, 2024, and each calendar 
11 year thereafter, each hospital's pass-through payment 
12 amount shall be reduced proportionally to the reduction of 
13 all pass-through payments required by federal regulations.
14 (k) At least 30 days prior to each calendar year, the 
15Department shall notify each hospital of changes to the 
16payment methodologies in this Section, including, but not 
17limited to, changes in the fixed rate directed payment rates, 
18the aggregate pass-through payment amount for all hospitals, 
19and the hospital's pass-through payment amount for the 
20upcoming calendar year.
21 (l) Notwithstanding any other provisions of this Section, 
22the Department may adopt rules to change the methodology for 
23directed and pass-through payments as set forth in this 
24Section, but only to the extent necessary to obtain federal 
25approval of a necessary State Plan amendment or Directed 
26Payment Preprint or to otherwise conform to federal law or 
 
 
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1federal regulation.
2 (m) As used in this subsection, "managed care 
3organization" or "MCO" means an entity which contracts with 
4the Department to provide services where payment for medical 
5services is made on a capitated basis, excluding contracted 
6entities for dual eligible or Department of Children and 
7Family Services youth populations.

8 (n) In order to address the escalating infant mortality 
9rates among minority communities in Illinois, the State shall, 
10subject to appropriation, create a pool of funding of at least 
11$50,000,000 annually to be disbursed among safety-net 
12hospitals that maintain perinatal designation from the 
13Department of Public Health. The funding shall be used to 
14preserve or enhance OB/GYN services or other specialty 
15services at the receiving hospital, with the distribution of 
16funding to be established by rule and with consideration to 
17perinatal hospitals with safe birthing levels and quality 
18metrics for healthy mothers and babies.
19 (o) In order to address the growing challenges of 
20providing stable access to healthcare in rural Illinois, 
21including perinatal services, behavioral healthcare including 
22substance use disorder services (SUDs) and other specialty 
23services, and to expand access to telehealth services among 
24rural communities in Illinois, the Department of Healthcare 
25and Family Services, subject to appropriation, shall 
26administer a program to provide at least $10,000,000 in 
 
 
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1financial support annually to critical access hospitals for 
2delivery of perinatal and OB/GYN services, behavioral 
3healthcare including SUDS, other specialty services and 
4telehealth services. The funding shall be used to preserve or 
5enhance perinatal and OB/GYN services, behavioral healthcare 
6including SUDS, other specialty services, as well as the 
7explanation of telehealth services by the receiving hospital, 
8with the distribution of funding to be established by rule. 
9 (p) For calendar year 2023, the final amounts, rates, and 
10payments under subsections (c), (d-2), (g), (h), and (j) shall 
11be established by the Department, so that the sum of the total 
12estimated annual payments under subsections (c), (d-2), (g), 
13(h), and (j) for each hospital class for calendar year 2023, is 
14no less than: 
15  (1) $858,260,000 to safety-net hospitals.
16  (2) $86,200,000 to critical access hospitals.
17  (3) $1,765,000,000 to high Medicaid hospitals.
18  (4) $673,860,000 to general acute care hospitals.
19  (5) $48,330,000 to long term acute care hospitals.
20  (6) $89,110,000 to freestanding psychiatric hospitals.
21  (7) $24,300,000 to freestanding rehabilitation 
22 hospitals.
23  (8) $32,570,000 to public hospitals.
24  (q) Hospital Pandemic Recovery Stabilization Payments. 
25The Department shall disburse a pool of $460,000,000 in 
26stability payments to hospitals prior to April 1, 2023. The 
 
 
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1allocation of the pool shall be based on the hospital directed 
2payment classes and directed payments issued, during Calendar 
3Year 2022 with added consideration to safety net hospitals, as 
4defined in subdivision (f)(1)(B) of this Section, and critical 
5access hospitals. 
6(Source: P.A. 101-650, eff. 7-7-20; 102-4, eff. 4-27-21; 
7102-16, eff. 6-17-21; 102-886, eff. 5-17-22.)

8 Section 5-40. The Illinois Human Rights Act is amended by 
9changing Section 7-101 as follows:




10 (775 ILCS 5/7-101) (from Ch. 68, par. 7-101)



11 Sec. 7-101. Powers and Duties. In addition to other powers 
12and duties
prescribed in this Act, the Department shall have 
13the following powers:

14 (A) Rules and Regulations. To adopt, promulgate, amend, 
15and rescind rules
and regulations not inconsistent with the 
16provisions of this Act pursuant
to the Illinois Administrative 
17Procedure Act.

18 (B) Charges. To issue, receive, investigate, conciliate, 
19settle, and dismiss
charges filed in conformity with this Act.

20 (C) Compulsory Process. To request subpoenas as it deems 
21necessary for
its investigations.

22 (D) Complaints. To file complaints with the Commission in 
23conformity
with this Act.

24 (E) Judicial Enforcement. To seek temporary relief and to 
 
 
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1enforce orders
of the Commission in conformity with this Act.

2 (F) Equal Employment Opportunities. To take such action as 
3may be authorized
to provide for equal employment 
4opportunities and affirmative action.

5 (G) Recruitment; Research; Public Communication; Advisory 
6Councils. To
engage in such recruitment, research and public 
7communication and create
such advisory councils as may be 
8authorized to effectuate the purposes of
this Act.

9 (H) Coordination with other Agencies. To coordinate its

10activities with federal, state, and local agencies in 
11conformity with this Act.

12 (I) Public Grants; Private Gifts.
13  (1) To accept public grants and private
gifts as may 
14 be authorized.
15  (2) To design grant programs and award grants to 
16 eligible recipients. 

17 (J) Education and Training. To implement a formal and 
18unbiased program
of education and training for all employees 
19assigned to investigate and
conciliate charges under Articles 
207A and 7B. The training program shall
include the following:


21  (1) substantive and procedural aspects of the 
22 investigation and
conciliation positions;


23  (2) current issues in human rights law and practice;


24  (3) lectures by specialists in substantive areas 
25 related to human
rights matters;


26  (4) orientation to each operational unit of the 
 
 
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1 Department and Commission;


2  (5) observation of experienced Department 
3 investigators and attorneys
conducting conciliation 
4 conferences, combined with the opportunity to
discuss 
5 evidence presented and rulings made;


6  (6) the use of hypothetical cases requiring the 
7 Department investigator
and conciliation conference 
8 attorney to issue judgments as a means to
evaluating 
9 knowledge and writing ability;


10  (7) writing skills;


11  (8) computer skills, including but not limited to word 
12 processing and
document management.

13 A formal, unbiased and ongoing professional development 
14program
including, but not limited to, the above-noted areas 
15shall be implemented
to keep Department investigators and 
16attorneys informed of recent
developments and issues and to 
17assist them in maintaining and enhancing
their professional 
18competence.

19(Source: P.A. 99-74, eff. 7-20-15.)


20
ARTICLE 10


21 Section 10-5. The State Officials and Employees Ethics Act 
22is amended by changing Section 20-10 as follows:

23 (5 ILCS 430/20-10)

 
 
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1 Sec. 20-10. Offices of Executive Inspectors General.


2 (a) Five independent Offices of the Executive Inspector 
3General are
created,
one each for the Governor, the Attorney 
4General, the Secretary of State, the
Comptroller, and the 
5Treasurer. Each Office shall be under the direction and

6supervision
of an Executive Inspector General and shall be a 
7fully independent office with
separate
appropriations.

8 (b) The Governor, Attorney General, Secretary of State, 
9Comptroller, and
Treasurer shall each appoint an Executive 
10Inspector General, without regard to
political affiliation and 
11solely on the basis of integrity and
demonstrated ability.

12Appointments shall be made by and with the advice and consent 
13of the
Senate by three-fifths of the elected members 
14concurring by record vote.
Any nomination not acted upon by 
15the Senate within 60 session days of the
receipt thereof shall 
16be deemed to have received the advice and consent of
the 
17Senate. If, during a recess of the Senate, there is a vacancy 
18in an office
of Executive Inspector General, the appointing 
19authority shall make a
temporary appointment until the next 
20meeting of the Senate when the
appointing authority shall make 
21a nomination to fill that office. No person
rejected for an 
22office of Executive Inspector General shall, except by the

23Senate's request, be nominated again for that office at the 
24same session of
the Senate or be appointed to that office 
25during a recess of that Senate.

26 Nothing in this Article precludes the appointment by the 
 
 
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1Governor, Attorney
General,
Secretary of State, Comptroller, 
2or Treasurer of any other inspector general
required or

3permitted by law. The Governor, Attorney General, Secretary of 
4State,
Comptroller, and
Treasurer
each may appoint an existing 
5inspector general as the Executive Inspector
General
required 
6by this
Article, provided that such an inspector general is 
7not prohibited by law,
rule,
jurisdiction, qualification, or 
8interest from serving as the Executive
Inspector General

9required by
this Article.
An appointing authority may not 
10appoint a relative as an Executive Inspector
General.


11 Each Executive Inspector General shall have the following 
12qualifications:


13  (1) has not been convicted of any felony under the 
14 laws of this State,
another State, or the United States;

15  (2) has earned a baccalaureate degree from an 
16 institution of higher
education; and


17  (3) has 5 or more years of cumulative service (A) with 
18 a federal,
State, or
local law enforcement agency, at 
19 least 2 years of which have been in a
progressive 
20 investigatory capacity; (B)
as a
federal, State, or local 
21 prosecutor; (C)
as a
senior manager or executive of a 
22 federal, State, or local
agency; (D) as a member, an 
23 officer,
or a State
or federal judge; or (E) representing 
24 any combination of items (A) through (D).


25 The term of each initial Executive Inspector General shall

26commence upon qualification and shall run through June 30, 
 
 
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12008. The
initial appointments shall be made within 60 days 
2after the effective
date of this Act.

3 After the initial term, each Executive Inspector General 
4shall serve
for 5-year terms commencing on July 1 of the year 
5of appointment
and running through June 30 of the fifth 
6following year. An
Executive Inspector General may be 
7reappointed to one or more
subsequent terms.

8 A vacancy occurring other than at the end of a term shall 
9be filled
by the appointing authority only for the balance of 
10the term of the Executive
Inspector General whose office is 
11vacant.

12 Terms shall run regardless of whether the position is 
13filled.

14 (c) The Executive Inspector General appointed by the 
15Attorney General shall
have jurisdiction over the Attorney 
16General and all officers and employees of,
and vendors and 
17others doing business with,
State agencies within the 
18jurisdiction of the Attorney General. The Executive
Inspector 
19General appointed by the Secretary of State shall have 
20jurisdiction
over the Secretary of State and all officers and 
21employees of, and vendors and
others doing business with, 
22State agencies within the
jurisdiction of the Secretary of 
23State. The Executive Inspector General
appointed by the 
24Comptroller shall have jurisdiction over the Comptroller and

25all officers and employees of, and vendors and others doing 
26business with,
State agencies within the jurisdiction of the 
 
 
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1Comptroller. The
Executive Inspector General appointed by the 
2Treasurer shall have jurisdiction
over the Treasurer and all 
3officers and employees of, and vendors and others
doing 
4business with, State agencies within the jurisdiction
of the 
5Treasurer. The Executive Inspector General appointed by the 
6Governor
shall have jurisdiction over (i) the Governor, (ii) 
7the Lieutenant Governor, (iii) all
officers and employees of, 
8and vendors and others doing business with,
executive branch 
9State agencies under the jurisdiction of the
Executive Ethics 
10Commission and not within the jurisdiction of the
Attorney

11General, the Secretary of State, the Comptroller, or the 
12Treasurer, and (iv) all board members and employees of the 
13Regional Transit Boards and all vendors and others doing 
14business with the Regional Transit Boards.


15 The jurisdiction of each Executive Inspector General is to 
16investigate
allegations of fraud, waste, abuse, mismanagement, 
17misconduct, nonfeasance,
misfeasance,
malfeasance, or 
18violations of this Act or violations of other related
laws and 
19rules.


20 Each Executive Inspector General shall have jurisdiction 
21over complainants in violation of subsection (e) of Section 
2220-63 for disclosing a summary report prepared by the 
23respective Executive Inspector General. 
24 (d) The compensation for each Executive Inspector General 
25shall be
determined by the Executive Ethics Commission and 
26shall be provided made from appropriations made to the 
 
 
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1Comptroller for this purpose. For terms of office beginning on 
2or after July 1, 2023, each Executive Inspector General shall 
3receive, on July 1 of each year, beginning on July 1, 2024, an 
4increase in salary based on a cost of living adjustment as 
5authorized by Senate Joint Resolution 192 of the 86th General 
6Assembly. Subject to Section 20-45 of this Act, each
Executive 
7Inspector General has full
authority
to organize his or her 
8Office of the Executive Inspector General, including the

9employment and determination of the compensation of staff, 
10such as deputies,
assistants, and other employees, as 
11appropriations permit. A separate
appropriation
shall be made 
12for each Office of Executive Inspector General.


13 (e) No Executive Inspector General or employee of the 
14Office of
the Executive Inspector General may, during his or 
15her term of appointment or
employment:


16  (1) become a candidate for any elective office;


17  (2) hold any other elected or appointed public office

18 except for appointments on governmental advisory boards
or 
19 study commissions or as otherwise expressly authorized by 
20 law;


21  (3) be actively involved in the affairs of any 
22 political party or
political organization; or

23  (4) advocate for the appointment of another person to 
24 an appointed or elected office or position or actively 
25 participate in any campaign for any
elective office.


26 In this subsection an appointed public office means a 
 
 
10200SB1720ham003- 94 -LRB102 15815 JDS 42540 a


1position authorized by
law that is filled by an appointing 
2authority as provided by law and does not
include employment 
3by hiring in the ordinary course of business.


4 (e-1) No Executive Inspector General or employee of the 
5Office of the
Executive Inspector General may, for one year 
6after the termination of his or
her appointment or employment:


7  (1) become a candidate for any elective office;


8  (2) hold any elected public office; or


9  (3) hold any appointed State, county, or local 
10 judicial office.


11 (e-2) The requirements of item (3) of subsection (e-1) may 
12be waived by the
Executive Ethics Commission.

13 (f) An Executive Inspector General may be removed only for 
14cause and may
be removed only by the appointing constitutional 
15officer. At the time of the
removal,
the appointing 
16constitutional officer must report to the Executive Ethics

17Commission the
justification for the
removal.

18(Source: P.A. 101-221, eff. 8-9-19; 102-558, eff. 8-20-21.)

19 Section 10-10. The Firearm Owners Identification Card Act 
20is amended by changing Section 10 as follows:



21 (430 ILCS 65/10) (from Ch. 38, par. 83-10)



22 Sec. 10. Appeals; hearing; relief from firearm 
23prohibitions.  
24 (a) Whenever an application for a Firearm Owner's 
 
 
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1Identification
Card is denied or whenever such a Card is 
2revoked or seized
as provided for in Section 8 of this Act, the 
3aggrieved party may
(1) file a record challenge with the 
4Director regarding the record upon which the decision to deny 
5or revoke the Firearm Owner's Identification Card was based 
6under subsection (a-5); or (2) appeal
to the Director of the 
7Illinois State Police through December 31, 2022, or beginning 
8January 1, 2023, the Firearm Owner's Identification Card 
9Review Board for a hearing seeking relief from
such denial or 
10revocation unless the denial or revocation
was based upon a 
11forcible felony, stalking, aggravated stalking, domestic

12battery, any violation of the Illinois Controlled Substances 
13Act, the Methamphetamine Control and Community Protection Act, 
14or the
Cannabis Control Act that is classified as a Class 2 or 
15greater felony,
any
felony violation of Article 24 of the 
16Criminal Code of 1961 or the Criminal Code of 2012, or any

17adjudication as a delinquent minor for the commission of an

18offense that if committed by an adult would be a felony, in 
19which case the
aggrieved party may petition the circuit court 
20in writing in the county of
his or her residence for a hearing 
21seeking relief from such denial or revocation.

22 (a-5) There is created a Firearm Owner's Identification 
23Card Review Board to consider any appeal under subsection (a) 
24beginning January 1, 2023, other than an appeal directed to 
25the circuit court and except when the applicant is challenging 
26the record upon which the decision to deny or revoke was based 
 
 
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1as provided in subsection (a-10).
2  (0.05) In furtherance of the policy of this Act that 
3 the Board shall exercise its powers and duties in an 
4 independent manner, subject to the provisions of this Act 
5 but free from the direction, control, or influence of any 
6 other agency or department of State government. All 
7 expenses and liabilities incurred by the Board in the 
8 performance of its responsibilities hereunder shall be 
9 paid from funds which shall be appropriated to the Board 
10 by the General Assembly for the ordinary and contingent 
11 expenses of the Board. 
12  (1) The Board shall consist of 7 members appointed by 
13 the Governor, with the advice and consent of the Senate, 
14 with 3 members residing within the First Judicial District 
15 and one member residing within each of the 4 remaining 
16 Judicial Districts. No more than 4 members shall be 
17 members of the same political party. The Governor shall 
18 designate one member as the chairperson. The Board shall 
19 consist of: 
20   (A) one member with at least 5 years of service as 
21 a federal or State judge;
22   (B) one member with at least 5 years of experience 
23 serving as an attorney with the United States 
24 Department of Justice, or as a State's Attorney or 
25 Assistant State's Attorney;
26   (C) one member with at least 5 years of experience 
 
 
10200SB1720ham003- 97 -LRB102 15815 JDS 42540 a


1 serving as a State or federal public defender or 
2 assistant public defender;
3   (D) three members with at least 5 years of 
4 experience as a federal, State, or local law 
5 enforcement agent or as an employee with investigative 
6 experience or duties related to criminal justice under 
7 the United States Department of Justice, Drug 
8 Enforcement Administration, Department of Homeland 
9 Security, Federal Bureau of Investigation, or a State 
10 or local law enforcement agency; and
11   (E) one member with at least 5 years of experience 
12 as a licensed physician or clinical psychologist with 
13 expertise in the diagnosis and treatment of mental 
14 illness.
15  (2) The terms of the members initially appointed after 
16 January 1, 2022 (the effective date of Public Act 102-237) 
17 shall be as follows: one of
the initial members shall be 
18 appointed for a term of one year, 3 shall be
appointed for 
19 terms of 2 years, and 3 shall be appointed for terms of 4 
20 years. Thereafter, members shall hold office for 4 years, 
21 with terms expiring on the second Monday in January 
22 immediately following the expiration of their terms and 
23 every 4 years thereafter. Members may be reappointed. 
24 Vacancies in the office of member shall be filled in the 
25 same manner as the original appointment, for the remainder 
26 of the unexpired term. The Governor may remove a member 
 
 
10200SB1720ham003- 98 -LRB102 15815 JDS 42540 a


1 for incompetence, neglect of duty, malfeasance, or 
2 inability to serve. Members shall receive compensation in 
3 an amount equal to the compensation of members of the 
4 Executive Ethics Commission and, beginning July 1, 2023, 
5 shall be compensated from appropriations provided to the 
6 Comptroller for this purpose. Members may be reimbursed, 
7 from funds appropriated for such a purpose, for reasonable 
8 expenses actually incurred in the performance of their 
9 Board duties. The Illinois State Police shall designate an 
10 employee to serve as Executive Director of the Board and 
11 provide logistical and administrative assistance to the 
12 Board. 
13  (3) The Board shall meet at least quarterly each year 
14 and at the call of the chairperson as often as necessary to 
15 consider appeals of decisions made with respect to 
16 applications for a Firearm Owner's Identification Card 
17 under this Act. If necessary to ensure the participation 
18 of a member, the Board shall allow a member to participate 
19 in a Board meeting by electronic communication. Any member 
20 participating electronically shall be deemed present for 
21 purposes of establishing a quorum and voting.
22  (4) The Board shall adopt rules for the review of 
23 appeals and the conduct of hearings. The Board shall 
24 maintain a record of its decisions and all materials 
25 considered in making its decisions. All Board decisions 
26 and voting records shall be kept confidential and all 
 
 
10200SB1720ham003- 99 -LRB102 15815 JDS 42540 a


1 materials considered by the Board shall be exempt from 
2 inspection except upon order of a court.
3  (5) In considering an appeal, the Board shall review 
4 the materials received concerning the denial or revocation 
5 by the Illinois State Police. By a vote of at least 4 
6 members, the Board may request additional information from 
7 the Illinois State Police or the applicant or the 
8 testimony of the Illinois State Police or the applicant. 
9 The Board may require that the applicant submit electronic 
10 fingerprints to the Illinois State Police for an updated 
11 background check if the Board determines it lacks 
12 sufficient information to determine eligibility. The Board 
13 may consider information submitted by the Illinois State 
14 Police, a law enforcement agency, or the applicant. The 
15 Board shall review each denial or revocation and determine 
16 by a majority of members whether an applicant should be 
17 granted relief under subsection (c).
18  (6) The Board shall by order issue summary decisions. 
19 The Board shall issue a decision within 45 days of 
20 receiving all completed appeal documents from the Illinois 
21 State Police and the applicant. However, the Board need 
22 not issue a decision within 45 days if:
23   (A) the Board requests information from the 
24 applicant, including, but not limited to, electronic 
25 fingerprints to be submitted to the Illinois State 
26 Police, in accordance with paragraph (5) of this 
 
 
10200SB1720ham003- 100 -LRB102 15815 JDS 42540 a


1 subsection, in which case the Board shall make a 
2 decision within 30 days of receipt of the required 
3 information from the applicant;
4   (B) the applicant agrees, in writing, to allow the 
5 Board additional time to consider an appeal; or
6   (C) the Board notifies the applicant and the 
7 Illinois State Police that the Board needs an 
8 additional 30 days to issue a decision. The Board may 
9 only issue 2 extensions under this subparagraph (C). 
10 The Board's notification to the applicant and the 
11 Illinois State Police shall include an explanation for 
12 the extension.
13  (7) If the Board determines that the applicant is 
14 eligible for relief under subsection (c), the Board shall 
15 notify the applicant and the Illinois State Police that 
16 relief has been granted and the Illinois State Police 
17 shall issue the Card.
18  (8) Meetings of the Board shall not be subject to the 
19 Open Meetings Act and records of the Board shall not be 
20 subject to the Freedom of Information Act.
21  (9) The Board shall report monthly to the Governor and 
22 the General Assembly on the number of appeals received and 
23 provide details of the circumstances in which the Board 
24 has determined to deny Firearm Owner's Identification 
25 Cards under this subsection (a-5). The report shall not 
26 contain any identifying information about the applicants. 
 
 
10200SB1720ham003- 101 -LRB102 15815 JDS 42540 a


1 (a-10) Whenever an applicant or cardholder is not seeking 
2relief from a firearms prohibition under subsection (c) but 
3rather does not believe the applicant is appropriately denied 
4or revoked and is challenging the record upon which the 
5decision to deny or revoke the Firearm Owner's Identification 
6Card was based, or whenever the Illinois State Police fails to 
7act on an application within 30 days of its receipt, the 
8applicant shall file such challenge with the Director. The 
9Director shall render a decision within 60 business days of 
10receipt of all information supporting the challenge. The 
11Illinois State Police shall adopt rules for the review of a 
12record challenge. 
13 (b) At least 30 days before any hearing in the circuit 
14court, the
petitioner shall serve the
relevant State's 
15Attorney with a copy of the petition. The State's Attorney
may 
16object to the petition and present evidence. At the hearing, 
17the court
shall
determine whether substantial justice has been 
18done. Should the court
determine that substantial justice has 
19not been done, the court shall issue an
order directing the 
20Illinois State Police to issue a Card. However, the court 
21shall not issue the order if the petitioner is otherwise 
22prohibited from obtaining, possessing, or using a firearm 
23under
federal law. 

24 (c) Any person prohibited from possessing a firearm under 
25Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or 
26acquiring a Firearm Owner's
Identification Card under Section 
 
 
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18 of this Act may apply to
the Firearm Owner's Identification 
2Card Review Board
or petition the circuit court in the county 
3where the petitioner resides,
whichever is applicable in 
4accordance with subsection (a) of this Section,
requesting 
5relief
from such prohibition and the Board or court may grant 
6such relief if it
is
established by the applicant to the 
7court's or the Board's satisfaction
that:

8  (0.05) when in the circuit court, the State's Attorney 
9 has been served
with a written
copy of the
petition at 
10 least 30 days before any such hearing in the circuit court 
11 and at
the hearing the
State's Attorney was afforded an 
12 opportunity to present evidence and object to
the 
13 petition;

14  (1) the applicant has not been convicted of a forcible 
15 felony under the
laws of this State or any other 
16 jurisdiction within 20 years of the
applicant's 
17 application for a Firearm Owner's Identification Card, or 
18 at
least 20 years have passed since the end of any period 
19 of imprisonment
imposed in relation to that conviction;

20  (2) the circumstances regarding a criminal conviction, 
21 where applicable,
the applicant's criminal history and his 
22 reputation are such that the applicant
will not be likely 
23 to act in a manner dangerous to public safety;

24  (3) granting relief would not be contrary to the 
25 public interest; and
26  (4) granting relief would not be contrary to federal 
 
 
10200SB1720ham003- 103 -LRB102 15815 JDS 42540 a


1 law.

2 (c-5) (1) An active law enforcement officer employed by a 
3unit of government or a Department of Corrections employee 
4authorized to possess firearms who is denied, revoked, or has 
5his or her Firearm Owner's Identification Card seized under 
6subsection (e) of Section 8 of this Act may apply to the 
7Firearm Owner's Identification Card Review Board requesting 
8relief if the officer or employee did not act in a manner 
9threatening to the officer or employee, another person, or the 
10public as determined by the treating clinical psychologist or 
11physician, and as a result of his or her work is referred by 
12the employer for or voluntarily seeks mental health evaluation 
13or treatment by a licensed clinical psychologist, 
14psychiatrist, or qualified examiner, and:
15  (A) the officer or employee has not received treatment 
16 involuntarily at a mental health facility, regardless of 
17 the length of admission; or has not been voluntarily 
18 admitted to a mental health facility for more than 30 days 
19 and not for more than one incident within the past 5 years; 
20 and
21  (B) the officer or employee has not left the mental 
22 institution against medical advice.
23 (2) The Firearm Owner's Identification Card Review Board 
24shall grant expedited relief to active law enforcement 
25officers and employees described in paragraph (1) of this 
26subsection (c-5) upon a determination by the Board that the 
 
 
10200SB1720ham003- 104 -LRB102 15815 JDS 42540 a


1officer's or employee's possession of a firearm does not 
2present a threat to themselves, others, or public safety. The 
3Board shall act on the request for relief within 30 business 
4days of receipt of:
5  (A) a notarized statement from the officer or employee 
6 in the form prescribed by the Board detailing the 
7 circumstances that led to the hospitalization;
8  (B) all documentation regarding the admission, 
9 evaluation, treatment and discharge from the treating 
10 licensed clinical psychologist or psychiatrist of the 
11 officer;
12  (C) a psychological fitness for duty evaluation of the 
13 person completed after the time of discharge; and
14  (D) written confirmation in the form prescribed by the 
15 Board from the treating licensed clinical psychologist or 
16 psychiatrist that the provisions set forth in paragraph 
17 (1) of this subsection (c-5) have been met, the person 
18 successfully completed treatment, and their professional 
19 opinion regarding the person's ability to possess 
20 firearms.
21 (3) Officers and employees eligible for the expedited 
22relief in paragraph (2) of this subsection (c-5) have the 
23burden of proof on eligibility and must provide all 
24information required. The Board may not consider granting 
25expedited relief until the proof and information is received.
26 (4) "Clinical psychologist", "psychiatrist", and 
 
 
10200SB1720ham003- 105 -LRB102 15815 JDS 42540 a


1"qualified examiner" shall have the same meaning as provided 
2in Chapter I of the Mental Health and Developmental 
3Disabilities Code. 
4 (c-10) (1) An applicant, who is denied, revoked, or has 
5his or her Firearm Owner's Identification Card seized under 
6subsection (e) of Section 8 of this Act based upon a 
7determination of a developmental disability or an intellectual 
8disability may apply to the Firearm Owner's Identification 
9Card Review Board requesting relief.
10 (2) The Board shall act on the request for relief within 60 
11business days of receipt of written certification, in the form 
12prescribed by the Board, from a physician or clinical 
13psychologist, or qualified examiner, that the aggrieved 
14party's developmental disability or intellectual disability 
15condition is determined by a physician, clinical psychologist, 
16or qualified to be mild. If a fact-finding conference is 
17scheduled to obtain additional information concerning the 
18circumstances of the denial or revocation, the 60 business 
19days the Director has to act shall be tolled until the 
20completion of the fact-finding conference.
21 (3) The Board may grant relief if the aggrieved party's 
22developmental disability or intellectual disability is mild as 
23determined by a physician, clinical psychologist, or qualified 
24examiner and it is established by the applicant to the Board's 
25satisfaction that:
26  (A) granting relief would not be contrary to the 
 
 
10200SB1720ham003- 106 -LRB102 15815 JDS 42540 a


1 public interest; and
2  (B) granting relief would not be contrary to federal 
3 law.
4 (4) The Board may not grant relief if the condition is 
5determined by a physician, clinical psychologist, or qualified 
6examiner to be moderate, severe, or profound.
7 (5) The changes made to this Section by Public Act 99-29 
8apply to requests for
relief pending on or before July 10, 2015 
9(the effective date of Public Act 99-29), except that the 
1060-day period for the Director to act on requests pending 
11before the effective date shall begin
on July 10, 2015 (the 
12effective date of Public Act 99-29). All appeals as provided 
13in subsection (a-5) pending on January 1, 2023 shall be 
14considered by the Board. 
15 (d) When a minor is adjudicated delinquent for an offense 
16which if
committed by an adult would be a felony, the court 
17shall notify the Illinois State Police.

18 (e) The court shall review the denial of an application or 
19the revocation of
a Firearm Owner's Identification Card of a 
20person who has been adjudicated
delinquent for an offense that 
21if
committed by an adult would be a felony if an
application 
22for relief has been filed at least 10 years after the 
23adjudication
of delinquency and the court determines that the 
24applicant should be
granted relief from disability to obtain a 
25Firearm Owner's Identification Card.
If the court grants 
26relief, the court shall notify the Illinois State
Police that 
 
 
10200SB1720ham003- 107 -LRB102 15815 JDS 42540 a


1the disability has
been removed and that the applicant is 
2eligible to obtain a Firearm Owner's
Identification Card.

3 (f) Any person who is subject to the disabilities of 18 
4U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act 
5of 1968 because of an adjudication or commitment that occurred 
6under the laws of this State or who was determined to be 
7subject to the provisions of subsections (e), (f), or (g) of 
8Section 8 of this Act may apply to the Illinois State Police 
9requesting relief from that prohibition. The Board shall grant 
10the relief if it is established by a preponderance of the 
11evidence that the person will not be likely to act in a manner 
12dangerous to public safety and that granting relief would not 
13be contrary to the public interest. In making this 
14determination, the Board shall receive evidence concerning (i) 
15the circumstances regarding the firearms disabilities from 
16which relief is sought; (ii) the petitioner's mental health 
17and criminal history records, if any; (iii) the petitioner's 
18reputation, developed at a minimum through character witness 
19statements, testimony, or other character evidence; and (iv) 
20changes in the petitioner's condition or circumstances since 
21the disqualifying events relevant to the relief sought. If 
22relief is granted under this subsection or by order of a court 
23under this Section, the Director shall as soon as practicable 
24but in no case later than 15 business days, update, correct, 
25modify, or remove the person's record in any database that the 
26Illinois State Police makes available to the National Instant 
 
 
10200SB1720ham003- 108 -LRB102 15815 JDS 42540 a


1Criminal Background Check System and notify the United States 
2Attorney General that the basis for the record being made 
3available no longer applies. The Illinois State Police shall 
4adopt rules for the administration of this Section.
5(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
6102-645, eff. 1-1-22; 102-813, eff. 5-13-22.)


7
ARTICLE 15


8 Section 15-5. The Civil Administrative Code of Illinois is 
9amended by changing Sections 5-120, 5-300, 5-310, 5-315, 
105-320, 5-325, 5-330, 5-335, 5-340, 5-345, 5-350, 5-355, 5-357, 
115-360, 5-362, 5-365, 5-375, 5-395, 5-400, 5-405, 5-410, 5-415, 
12and 5-420 as follows:




13 (20 ILCS 5/5-120) (was 20 ILCS 5/5.13g)



14 Sec. 5-120. In the Department of Commerce and Economic 
15Opportunity. Two Assistant Directors Director of Commerce and 
16Economic Opportunity.

17(Source: P.A. 93-25, eff. 6-20-03.)





18 (20 ILCS 5/5-300) (was 20 ILCS 5/9)



19 Sec. 5-300. Officers' qualifications and salaries. The 
20executive
and administrative officers, whose offices are 
21created by this Act,
must have the qualifications prescribed 
22by law and shall receive annual
salaries, payable in equal 
 
 
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1monthly installments, as designated in the
Sections following 
2this Section and preceding Section 5-500.
If set by the 
3Governor, those annual salaries may not exceed 85% of the

4Governor's annual salary. Notwithstanding any other provision 
5of law, for terms beginning after January 18, 2019 (the 
6effective date of Public Act 100-1179) and before January 16, 
72023 this amendatory Act of the 100th General Assembly, the 
8annual salary of the director or secretary and assistant 
9director or assistant secretary of each department created 
10under Section 5-15 shall be an amount equal to 15% more than 
11the annual salary of the respective officer in effect as of 
12December 31, 2018. The calculation of the 2018 salary base for 
13this adjustment shall not include any cost of living 
14adjustments, as authorized by Senate Joint Resolution 192 of 
15the 86th General Assembly, for the period beginning July 1, 
162009 to June 30, 2019. Beginning July 1, 2019 and each July 1 
17thereafter, the directors, secretaries, assistant directors, 
18and assistant secretaries shall receive an increase in salary 
19based on a cost of living adjustment as authorized by Senate 
20Joint Resolution 192 of the 86th General Assembly. 
21Notwithstanding any other provision of law, for terms 
22beginning on or after January 16, 2023, the directors, 
23secretaries, assistant directors, and assistant secretaries 
24shall receive annual salaries, payable in equal monthly 
25installments, and increases in salary, as designated in the 
26Sections following this Section and preceding Section 5-500. 

 
 
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1(Source: P.A. 100-1179, eff. 1-18-19.)





2 (20 ILCS 5/5-310) (was 20 ILCS 5/9.21)



3 Sec. 5-310. In the Department on Aging. For terms 
4beginning on or after January 16, 2023, the Director of Aging 
5shall receive an annual salary of $165,000 or as set by the 
6Governor, whichever is higher. On July 1, 2023, and on each 
7July 1 thereafter, the Director shall receive an increase in 
8salary based on a cost of living adjustment as authorized by 
9Senate Joint Resolution 192 of the 86th General Assembly. For 
10terms ending before December 31, 2019, the Director of Aging 
11shall receive
an annual salary as set by the
Compensation 
12Review Board.

13(Source: P.A. 100-1179, eff. 1-18-19.)





14 (20 ILCS 5/5-315) (was 20 ILCS 5/9.02)



15 Sec. 5-315. In the Department of Agriculture. For terms 
16beginning on or after January 16, 2023, the Director of 
17Agriculture shall receive an annual salary of $180,000 or as 
18set by the Governor, whichever is higher. On July 1, 2023, and 
19on each July 1 thereafter, the Director shall receive an 
20increase in salary based on a cost of living adjustment as 
21authorized by Senate Joint Resolution 192 of the 86th General 
22Assembly. For terms ending before December 31, 2019, the 
23Director of Agriculture
shall receive an annual salary as set 
24by the Compensation Review Board.

 
 
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1 For terms beginning on or after January 16, 2023, the 
2Assistant Director of Agriculture shall receive an annual 
3salary of $156,600 or as set by the Governor, whichever is 
4higher. On July 1, 2023, and on each July 1 thereafter, the 
5Assistant Director of Agriculture shall receive an increase in 
6salary based on a cost of living adjustment as authorized by 
7Senate Joint Resolution 192 of the 86th General Assembly. 
8  For terms ending before December 31, 2019, the Assistant 
9Director of Agriculture shall receive
an annual salary as set 
10by the Compensation Review Board. 

11(Source: P.A. 100-1179, eff. 1-18-19.)





12 (20 ILCS 5/5-320) (was 20 ILCS 5/9.19)



13 Sec. 5-320. In the Department of Central Management 
14Services. For terms beginning on or after January 16, 2023, 
15the Director of Central Management Services shall receive an 
16annual salary of $195,000 or as set by the Governor, whichever 
17is higher. On July 1, 2023, and on each July 1 thereafter, the 
18Director of Central Management Services shall receive an 
19increase in salary based on a cost of living adjustment as 
20authorized by Senate Joint Resolution 192 of the 86th General 
21Assembly. For terms ending before December 31, 2019, the 
22Director of Central Management Services shall receive an 
23annual salary as
set by the Compensation
Review Board. 

24 For terms beginning on or after January 16, 2023, each 
25Assistant Director of Central Management Services shall 
 
 
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1receive an annual salary of $165,750 or as set by the Governor, 
2whichever is higher. On July 1, 2023, and on each July 1 
3thereafter, the Assistant Directors shall receive an increase 
4in salary based on a cost of living adjustment as authorized by 
5Senate Joint Resolution 192 of the 86th General Assembly. For 
6terms ending before December 31, 2019, each Assistant Director 
7of Central Management Services shall receive an
annual salary 
8as set by
the Compensation Review Board.

9(Source: P.A. 100-1179, eff. 1-18-19.)





10 (20 ILCS 5/5-325) (was 20 ILCS 5/9.16)



11 Sec. 5-325. In the Department of Children and Family 
12Services. For terms beginning on or after January 16, 2023, 
13the Director of Children and Family Services shall receive an 
14annual salary of $200,000 or as set by the Governor, whichever 
15is higher. On July 1, 2023, and on each July 1 thereafter, the 
16Director shall receive an increase in salary based on a cost of 
17living adjustment as authorized by Senate Joint Resolution 192 
18of the 86th General Assembly. For terms ending before December 
1931, 2019, the Director of Children and Family Services shall 
20receive an annual salary
as set by the Compensation Review

21Board. 

22(Source: P.A. 100-1179, eff. 1-18-19.)





23 (20 ILCS 5/5-330) (was 20 ILCS 5/9.18)



24 Sec. 5-330. In the Department of Commerce and Economic 
 
 
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1Opportunity. For terms beginning on or after January 16, 2023, 
2the Director of Commerce and Economic Opportunity shall 
3receive an annual salary of $195,000 or as set by the Governor, 
4whichever is higher. On July 1, 2023, and on each July 1 
5thereafter, the Director shall receive an increase in salary 
6based on a cost of living adjustment as authorized by Senate 
7Joint Resolution 192 of the 86th General Assembly. For terms 
8ending before December 31, 2019, the
Director of Commerce and 
9Economic Opportunity shall receive an annual salary as set by 
10the Compensation Review
Board. 

11 For terms beginning on or after January 16, 2023, each 
12Assistant Director of Commerce and Economic Opportunity shall 
13receive an annual salary of $165,750 or as set by the Governor, 
14whichever is higher. On July 1, 2023, and on each July 1 
15thereafter, the Assistant Directors shall receive an increase 
16in salary based on a cost of living adjustment as authorized by 
17Senate Joint Resolution 192 of the 86th General Assembly. For 
18terms ending before December 31, 2019, the Assistant Director 
19of Commerce and Economic Opportunity shall receive
an annual 
20salary as set by the
Compensation Review Board. 

21(Source: P.A. 100-1179, eff. 1-18-19.)




22 (20 ILCS 5/5-335) (was 20 ILCS 5/9.11a)


23 Sec. 5-335. In the Department of Corrections. For terms 
24beginning on or after January 16, 2023, the Director of 
25Corrections shall receive an annual salary of $200,000 or as 
 
 
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1set by the Governor, whichever is higher. On July 1, 2023, and 
2on each July 1 thereafter, the Director shall receive an 
3increase in salary based on a cost of living adjustment as 
4authorized by Senate Joint Resolution 192 of the 86th General 
5Assembly. For terms ending before December 31, 2019, the 
6Director of Corrections
shall receive an annual salary as set 
7by the Compensation Review Board. 

8 For terms beginning on or after January 16, 2023, the 
9Assistant Director of Corrections shall receive an annual 
10salary of $170,000 or as set by the Governor, whichever is 
11higher. On July 1, 2023, and on each July 1 thereafter, the 
12Assistant Director shall receive an increase in salary based 
13on a cost of living adjustment as authorized by Senate Joint 
14Resolution 192 of the 86th General Assembly. For terms ending 
15before December 31, 2019, the Assistant Director of 
16Corrections shall receive
an annual salary as set by the

17Compensation Review Board for the Assistant Director of 
18Corrections-Adult Division. 

19(Source: P.A. 100-1179, eff. 1-18-19.)





20 (20 ILCS 5/5-340) (was 20 ILCS 5/9.30)



21 Sec. 5-340. In the Department of Employment Security. For 
22terms beginning on or after January 16, 2023, the Director of

23Employment Security shall receive an annual salary of $195,000 
24or as set by the Governor, whichever is higher. On July 1, 
252023, and on each July 1 thereafter, the Director shall 
 
 
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1receive an increase in salary based on a cost of living 
2adjustment as authorized by Senate Joint Resolution 192 of the 
386th General Assembly. For terms ending before December 31, 
42019, the Director of
Employment Security shall receive an 
5annual salary as set by the Compensation Review Board. 

6 Each member of the Board of Review shall receive $15,000.

7(Source: P.A. 100-1179, eff. 1-18-19.)





8 (20 ILCS 5/5-345) (was 20 ILCS 5/9.15)



9 Sec. 5-345. In the Department of Financial and 
10Professional Regulation. For terms beginning on or after 
11January 16, 2023, the Secretary of Financial and Professional 
12Regulation shall receive an annual salary of $195,000 or as 
13set by the Governor, whichever is higher. On July 1, 2023, and 
14on each July 1 thereafter, the Secretary shall receive an 
15increase in salary based on a cost of living adjustment as 
16authorized by Senate Joint Resolution 192 of the 86th General 
17Assembly. For terms ending before December 31, 2019, the 
18Secretary of Financial and Professional Regulation shall 
19receive an annual salary as set by the Compensation Review 
20Board. 

21 For terms beginning on or after January 16, 2023, the 
22Director of Financial Institutions, the Director of 
23Professional Regulation, the Director of Banking, and the 
24Director of Real Estate shall each receive an annual salary of 
25$180,000 or as set by the Governor, whichever is higher. On 
 
 
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1July 1, 2023, and on each July 1 thereafter, the Directors 
2shall receive an increase in salary based on a cost of living 
3adjustment as authorized by Senate Joint Resolution 192 of the 
486th General Assembly. For terms ending before December 31, 
52019, the Director of Financial Institutions, the Director of 
6Professional Regulation, the Director of Banking, and the 
7Director of Real Estate shall receive
an annual salary as set 
8by the Compensation Review Board.

9(Source: P.A. 100-1179, eff. 1-18-19.)





10 (20 ILCS 5/5-350) (was 20 ILCS 5/9.24)



11 Sec. 5-350. In the Department of Human Rights. For terms 
12beginning on or after January 16, 2023, the Director of Human 
13Rights shall receive an annual salary of $165,000 or as set by 
14the Governor, whichever is higher. On July 1, 2023, and on each 
15July 1 thereafter, the Director shall receive an increase in 
16salary based on a cost of living adjustment as authorized by 
17Senate Joint Resolution 192 of the 86th General Assembly. For 
18terms ending before December 31, 2019, the Director of Human 
19Rights
shall receive an annual salary as
set by the 
20Compensation Review Board. 

21(Source: P.A. 100-1179, eff. 1-18-19.)





22 (20 ILCS 5/5-355) (was 20 ILCS 5/9.05a)



23 Sec. 5-355. In the Department of Human Services. For terms 
24beginning on or after January 16, 2023, the Secretary of Human

 
 
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1Services shall receive an annual salary of $200,000 or as set 
2by the Governor, whichever is higher. On July 1, 2023, and on 
3each July 1 thereafter, the Secretary shall receive an 
4increase in salary based on a cost of living adjustment as 
5authorized by Senate Joint Resolution 192 of the 86th General 
6Assembly. For terms ending before December 31, 2019, the 
7Secretary of Human
Services shall receive an annual salary as 
8set by the Compensation
Review Board. 

9 For terms beginning on or after January 16, 2023, the 
10Assistant Secretaries of Human Services shall receive an 
11annual salary of $170,000 or as set by the Governor, whichever 
12is higher. On July 1, 2023, and on each July 1 thereafter, the 
13Assistant Secretaries shall receive an increase in salary 
14based on a cost of living adjustment as authorized by Senate 
15Joint Resolution 192 of the 86th General Assembly. For terms 
16ending before December 31, 2019, the Assistant Secretaries of 
17Human Services shall each receive an annual
salary as set by 
18the Compensation Review Board. 

19(Source: P.A. 100-1179, eff. 1-18-19.)


20 (20 ILCS 5/5-357)
21 Sec. 5-357. In the Department of Innovation and 
22Technology. Notwithstanding any other provision of law, for 
23terms beginning on or after January 16, 2023, the Secretary of 
24Innovation and Technology shall receive an annual salary of 
25$200,000 or as set by the Governor, whichever is higher, and 
 
 
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1the Assistant Secretary of Innovation and Technology shall 
2receive an annual salary of $170,000 or as set by the Governor, 
3whichever is higher. On July 1, 2023, and on each July 1 
4thereafter, the Secretary and the Assistant Secretary shall 
5each receive an increase in salary based on a cost of living 
6adjustment as authorized by Senate Joint Resolution 192 of the 
786th General Assembly. The Secretary of Innovation and 
8Technology and the Assistant Secretary of Innovation and 
9Technology shall each receive an annual salary as set by law. 

10(Source: P.A. 100-611, eff. 7-20-18.)




11 (20 ILCS 5/5-360) (was 20 ILCS 5/9.10)



12 Sec. 5-360. In the Department of Insurance. For terms 
13beginning on or after January 16, 2023, the Director of 
14Insurance shall receive an annual salary of $180,000 or as set 
15by the Governor, whichever is higher. On July 1, 2023, and on 
16each July 1 thereafter, the Director shall receive an increase 
17in salary based on a cost of living adjustment as authorized by 
18Senate Joint Resolution 192 of the 86th General Assembly. For 
19terms ending before December 31, 2019, the Director of 
20Insurance
shall receive an annual salary as set by the 
21Compensation Review Board.

22 For terms beginning on or after January 16, 2023, the 
23Assistant Director of Insurance shall receive an annual salary 
24of $156,600 or as set by the Governor, whichever is higher. On 
25July 1, 2023, and on each July 1 thereafter, the Director shall 
 
 
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1receive an increase in salary based on a cost of living 
2adjustment as authorized by Senate Joint Resolution 192 of the 
386th General Assembly. For terms ending before December 31, 
42019, the Assistant Director of Insurance shall receive
an 
5annual salary as set by the Compensation Review Board. 

6(Source: P.A. 100-1179, eff. 1-18-19.)


7 (20 ILCS 5/5-362)

8 Sec. 5-362. In the Department of Juvenile Justice. For 
9terms beginning on or after January 16, 2023, the Director of 
10Juvenile Justice shall receive an annual salary of $165,000 or 
11as set by the Governor, whichever is higher. On July 1, 2023, 
12and on each July 1 thereafter, the Director shall receive an 
13increase in salary based on a cost of living adjustment as 
14authorized by Senate Joint Resolution 192 of the 86th General 
15Assembly. For terms ending before December 31, 2019, the 
16Director of Juvenile Justice shall receive an annual salary as 
17set by the Compensation Review Board.

18(Source: P.A. 100-1179, eff. 1-18-19.)



19 (20 ILCS 5/5-365) (was 20 ILCS 5/9.03)



20 Sec. 5-365. In the Department of Labor. For terms 
21beginning on or after January 16, 2023, the Director of Labor 
22shall receive an annual salary of $180,000 or as set by the 
23Governor, whichever is higher. On July 1, 2023, and on each 
24July 1 thereafter, the Director shall receive an increase in 
 
 
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1salary based on a cost of living adjustment as authorized by 
2Senate Joint Resolution 192 of the 86th General Assembly. For 
3terms ending before December 31, 2019, the Director of Labor 
4shall
receive an annual salary as set by the Compensation 
5Review Board. 

6 For terms beginning on or after January 16, 2023, the 
7Assistant Director of Labor shall receive an annual salary of 
8$156,600 or as set by the Governor, whichever is higher. On 
9July 1, 2023, and on each July 1 thereafter, the Assistant 
10Director shall receive an increase in salary based on a cost of 
11living adjustment as authorized by Senate Joint Resolution 192 
12of the 86th General Assembly. For terms ending before December 
1331, 2019, the Assistant Director of Labor shall receive
an 
14annual salary as set by the Compensation Review Board. 

15 The Chief Safety Inspector shall receive $24,700 from the 
16third Monday
in January, 1979 to the third Monday in January, 
171980, and $25,000
thereafter, or as set by the Compensation 
18Review Board, whichever is greater.

19 The Superintendent of Occupational Safety and Health shall 
20receive
$27,500, or as set by the Compensation Review Board, 
21whichever is greater.

22 The Superintendent of Women's and Children's Employment 
23shall receive
$22,000 from the third Monday in January, 1979 
24to the third Monday in January,
1980, and $22,500 thereafter, 
25or as set by the
Compensation Review Board, whichever is 
26greater.

 
 
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1(Source: P.A. 100-1179, eff. 1-18-19.)





2 (20 ILCS 5/5-375) (was 20 ILCS 5/9.09)



3 Sec. 5-375. In the Department of Natural Resources. For 
4terms beginning on or after January 16, 2023, the Director of 
5Natural Resources shall receive an annual salary of $180,000 
6or as set by the Governor, whichever is higher. On July 1, 
72023, and on each July 1 thereafter, the Director shall 
8receive an increase in salary based on a cost of living 
9adjustment as authorized by Senate Joint Resolution 192 of the 
1086th General Assembly. For terms ending before December 31, 
112019, the Director of Natural Resources shall receive an

12annual salary as set by
the Compensation Review Board. 

13 For terms beginning on or after January 16, 2023, the 
14Assistant Director of Natural
Resources shall receive an 
15annual salary of $156,600 or as set by the Governor, whichever 
16is higher. On July 1, 2023, and on each July 1 thereafter, the 
17Assistant Director shall receive an increase in salary based 
18on a cost of living adjustment as authorized by Senate Joint 
19Resolution 192 of the 86th General Assembly. For terms ending 
20before December 31, 2019, the Assistant Director of Natural

21Resources shall receive an annual salary as set by the 
22Compensation Review Board. 

23(Source: P.A. 100-1179, eff. 1-18-19.)





24 (20 ILCS 5/5-395) (was 20 ILCS 5/9.17)



 
 
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1 Sec. 5-395. In the Department of Healthcare and Family 
2Services. For terms beginning on or after January 16, 2023, 
3the Director of Healthcare and Family Services shall receive 
4an annual salary of $195,000 or as set by the Governor, 
5whichever is higher. On July 1, 2023, and on each July 1 
6thereafter, the Director shall receive an increase in salary 
7based on a cost of living adjustment as authorized by Senate 
8Joint Resolution 192 of the 86th General Assembly. For terms 
9ending before December 31, 2019, the Director of Healthcare 
10and Family Services
shall receive an annual salary as set by 
11the Compensation Review Board. 

12 For terms beginning on or after January 16, 2023, the 
13Assistant Director shall receive an annual salary of $165,750 
14or as set by the Governor, whichever is higher. On July 1, 
152023, and on each July 1 thereafter, the Assistant Director 
16shall receive an increase in salary based on a cost of living 
17adjustment as authorized by Senate Joint Resolution 192 of the 
1886th General Assembly. For terms ending before December 31, 
192019, the Assistant Director of Healthcare and Family Services 
20shall receive
an annual salary as set by the Compensation 
21Review Board. 

22(Source: P.A. 100-1179, eff. 1-18-19.)





23 (20 ILCS 5/5-400) (was 20 ILCS 5/9.07)



24 Sec. 5-400. In the Department of Public Health. For terms 
25beginning on or after January 16, 2023, the Director of Public 
 
 
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1Health shall receive an annual salary of $200,000 or as set by 
2the Governor, whichever is higher. On July 1, 2023, and on each 
3July 1 thereafter, the Director shall receive an increase in 
4salary based on a cost of living adjustment as authorized by 
5Senate Joint Resolution 192 of the 86th General Assembly. For 
6terms ending before December 31, 2019, the Director of Public 
7Health shall receive
an annual salary as set by the 
8Compensation Review Board. 

9 For terms beginning on or after January 16, 2023, the 
10Assistant Director shall receive an annual salary of $170,000 
11or as set by the Governor, whichever is higher. On July 1, 
122023, and on each July 1 thereafter, the Assistant Director 
13shall receive an increase in salary based on a cost of living 
14adjustment as authorized by Senate Joint Resolution 192 of the 
1586th General Assembly. For terms ending before December 31, 
162019, the Assistant Director of Public Health shall receive
an 
17annual salary as set by the Compensation Review Board. 

18(Source: P.A. 100-1179, eff. 1-18-19.)





19 (20 ILCS 5/5-405) (was 20 ILCS 5/9.12)



20 Sec. 5-405. In the Department of Revenue. For terms 
21beginning on or after January 16, 2023, the Director of 
22Revenue shall receive an annual salary of $195,000 or as set by 
23the Governor, whichever is higher. On July 1, 2023, and on each 
24July 1 thereafter, the Director shall receive an increase in 
25salary based on a cost of living adjustment as authorized by 
 
 
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1Senate Joint Resolution 192 of the 86th General Assembly. For 
2terms ending before December 31, 2019, the Director of Revenue

3shall receive an annual salary as set by the Compensation 
4Review Board. 

5 For terms beginning on or after January 16, 2023, the 
6Assistant Director of Revenue shall receive an annual salary 
7of $165,750 or as set by the Governor, whichever is higher. On 
8July 1, 2023, and on each July 1 thereafter, the Assistant 
9Director shall receive an increase in salary based on a cost of 
10living adjustment as authorized by Senate Joint Resolution 192 
11of the 86th General Assembly. For terms ending before December 
1231, 2019, the Assistant Director of Revenue shall receive an 
13annual salary as set by the Compensation Review Board. 

14(Source: P.A. 100-1179, eff. 1-18-19.)





15 (20 ILCS 5/5-410) (was 20 ILCS 5/9.11)



16 Sec. 5-410. In the Illinois State Police. For terms 
17beginning on or after January 16, 2023, the Director of the 
18Illinois State
Police shall receive an annual salary of 
19$200,000 or as set by the Governor, whichever is higher. On 
20July 1, 2023, and on each July 1 thereafter, the Director shall 
21receive an increase in salary based on a cost of living 
22adjustment as authorized by Senate Joint Resolution 192 of the 
2386th General Assembly. For terms ending before December 31, 
242019, the Director of the Illinois State
Police shall receive 
25an annual salary as set by the Compensation Review Board. 

 
 
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1 F

2(Source: P.A. 102-538, eff. 8-20-21; revised 12-16-22.)





3 (20 ILCS 5/5-415) (was 20 ILCS 5/9.05)



4 Sec. 5-415. In the Department of Transportation. For terms 
5beginning on or after January 16, 2023, the Secretary of

6Transportation shall receive an annual salary of $200,000 or 
7as set by the Governor, whichever is higher. On July 1, 2023, 
8and on each July 1 thereafter, the Secretary shall receive an 
9increase in salary based on a cost of living adjustment as 
10authorized by Senate Joint Resolution 192 of the 86th General 
11Assembly. For terms ending before December 31, 2019, the 
12Secretary of
Transportation shall receive an annual salary as 
13set by the Compensation Review Board. 

14 For terms beginning on or after January 16, 2023, the 
15Assistant Secretary of Transportation shall receive an annual 
16salary of $170,000 or as set by the Governor, whichever is 
17higher. On July 1, 2023, and on each July 1 thereafter, the 
18Assistant Secretary shall receive an increase in salary based 
19on a cost of living adjustment as authorized by Senate Joint 
20Resolution 192 of the 86th General Assembly. For terms ending 
21before December 31, 2019, the Assistant Secretary of 
22Transportation shall receive
an annual salary as set by the 
23Compensation Review Board. 

24(Source: P.A. 100-1179, eff. 1-18-19.)





 
 
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1 (20 ILCS 5/5-420) (was 20 ILCS 5/9.22)



2 Sec. 5-420. In the Department of Veterans' Affairs. For 
3terms beginning on or after January 16, 2023, the Director of

4Veterans' Affairs shall receive an annual salary of $200,000 
5or as set by the Governor, whichever is higher. On July 1, 
62023, and on each July 1 thereafter, the Director shall 
7receive an increase in salary based on a cost of living 
8adjustment as authorized by Senate Joint Resolution 192 of the 
986th General Assembly. For terms ending before December 31, 
102019, the Director of
Veterans' Affairs shall receive an 
11annual salary as set by the Compensation Review Board. 

12 For terms beginning on or after January 16, 2023, the 
13Assistant Director of
Veterans' Affairs shall receive an 
14annual salary of $170,000 or as set by the Governor, whichever 
15is higher. On July 1, 2023, and on each July 1 thereafter, the 
16Assistant Director shall receive an increase in salary based 
17on a cost of living adjustment as authorized by Senate Joint 
18Resolution 192 of the 86th General Assembly. For terms ending 
19before December 31, 2019, the Assistant Director of Veterans' 
20Affairs shall receive
an annual salary as set by the 
21Compensation Review Board. 

22(Source: P.A. 100-1179, eff. 1-18-19.)


23 Section 15-10. The Electric Vehicle Act is amended by 
24changing Section 15 as follows:

 
 
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1 (20 ILCS 627/15)
2 Sec. 15. Electric Vehicle Coordinator. The Governor, with 
3the advice and consent of the Senate, shall appoint a person 
4within the Illinois Environmental Protection Agency to serve 
5as the Electric Vehicle Coordinator for the State of Illinois. 
6This person may be an existing employee with other duties. The 
7Electric Vehicle Coordinator shall receive an annual salary as 
8set by the Governor and beginning July 1, 2022 shall be 
9compensated from appropriations provided made to the 
10Comptroller for this purpose. On July 1, 2023 and each July 1 
11thereafter, the Electric Vehicle Coordinator shall receive an 
12increase in salary based on a cost of living adjustment as 
13authorized by Senate Joint Resolution 192 of the 86th General 
14Assembly. This person may be an existing employee with other 
15duties. The Coordinator shall act as a point person for 
16electric vehicle-related and electric vehicle charging-related 
17policies and activities in Illinois, including, but not 
18limited to, the issuance of electric vehicle rebates for 
19consumers and electric vehicle charging rebates for 
20organizations and companies.

21(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21; 
22102-699, eff. 4-19-22.)

23 Section 15-15. The Illinois Lottery Law is amended by 
24changing Section 5 as follows:




 
 
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1 (20 ILCS 1605/5) (from Ch. 120, par. 1155)



2 Sec. 5. (a) The Department shall be under
the supervision 
3and direction
of a Director, who
shall be a person qualified by

4training and experience to perform the duties required by this 
5Act. The
Director shall be appointed by the Governor, by and 
6with the advice
and consent of the Senate. The term of office 
7of the Director shall
expire on the third Monday of January in 
8odd numbered years provided that
he or she shall hold office 
9until a successor is appointed and qualified. For terms ending 
10before December 31, 2019, the annual salary of the Director is 
11$142,000. For terms beginning after January 18, 2019 (the 
12effective date of Public Act 100-1179) and before January 16, 
132023 this amendatory Act of the 100th General Assembly, the 
14annual salary of the Director shall be as provided in Section 
155-300 of the Civil Administrative Code of Illinois. 
16Notwithstanding any other provision of law, for terms 
17beginning on or after January 16, 2023, the Director shall 
18receive an annual salary of $180,000 or as set by the Governor, 
19whichever is higher. On July 1, 2023, and on each July 1 
20thereafter, the Director shall receive an increase in salary 
21based on a cost of living adjustment as authorized by Senate 
22Joint Resolution 192 of the 86th General Assembly. 

23 Any vacancy occurring in the office of the Director shall 
24be
filled in the same manner as the original appointment. In 
25case of a vacancy during the recess of the Senate, the Governor 
26shall make a temporary appointment until the next meeting of 
 
 
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1the Senate, when the Governor shall nominate some person to 
2fill the office, and any person so nominated who is confirmed 
3by the Senate shall hold office during the remainder of the 
4term and until his or her successor is appointed and 
5qualified. 

6 During the absence or inability to act of the Director, or 
7in the case of a vacancy in the office of Director until a 
8successor is appointed and qualified, the Governor may 
9designate some person as Acting Director of the Lottery to 
10execute the powers and discharge the duties vested by law in 
11that office. A person who is designated as an Acting Director 
12shall not continue in office for more than 60 calendar days 
13unless the Governor files a message with the Secretary of the 
14Senate nominating that person to fill the office. After 60 
15calendar days, the office is considered vacant and shall be 
16filled only under this Section. No person who has been 
17appointed by the Governor to serve as Acting Director shall, 
18except at the Senate's request, be designated again as an 
19Acting Director at the same session of that Senate, subject to 
20the provisions of this Section. A person appointed as an 
21Acting Director is not required to meet the requirements of 
22paragraph (1) of subsection (b) of this Section. In no case may 
23the Governor designate a person to serve as Acting Director if 
24that person has prior to the effective date of this amendatory 
25Act of the 97th General Assembly exercised any of the duties 
26and functions of the office of Director without having been 
 
 
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1nominated by the Governor to serve as Director. 
2 (b) The Director shall devote his or her entire time and 
3attention to the
duties of the office and shall not be engaged 
4in any other profession or
occupation.

5 The Director shall: 
6  (1) be qualified by training and experience to direct 
7 a lottery, including, at a minimum, 5 years of senior 
8 executive-level experience in the successful advertising, 
9 marketing, and selling of consumer products, 4 years of 
10 successful experience directing a lottery on behalf of a 
11 governmental entity, or 5 years of successful senior-level 
12 management experience at a lottery on behalf of a 
13 governmental entity;
14  (2) have significant and meaningful management and 
15 regulatory experience; and
16  (3) have a good reputation, particularly as a person 
17 of honesty, independence, and integrity.
18 The Director shall not during his or her term of 
19appointment: become a candidate for any elective office; hold 
20any other elected or appointed public office; be actively 
21involved in the affairs of any political party or political 
22organization; advocate for the appointment of another person 
23to an appointed or elected office or position; or actively 
24participate in any campaign for any elective office. The 
25Director may be appointed to serve on a governmental advisory 
26or board study commission or as otherwise expressly authorized 
 
 
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1by law. 
2 (c) No person shall perform the duties and functions of 
3the Director, or otherwise exercise the authority of the 
4Director, unless the same shall have been appointed by the 
5Governor pursuant to this Section. 
6(Source: P.A. 100-1179, eff. 1-18-19.)


7 Section 15-20. The Military Code of Illinois is amended by 
8changing Section 17 as follows:




9 (20 ILCS 1805/17) (from Ch. 129, par. 220.17)



10 Sec. 17. 
The Adjutant General and the Assistant Adjutants 
11General
shall give their entire time to their military duties. 
12For terms ending before December 31, 2019, the Adjutant 
13General
shall receive an annual salary as
set by the 
14Compensation Review Board, and each Assistant
Adjutant General 
15shall receive an annual salary as set by the Compensation 
16Review Board.
For terms beginning after January 18, 2019 (the 
17effective date of Public Act 100-1179) and before January 16, 
182023 this amendatory Act of the 100th General Assembly, the 
19annual salaries for the Adjutant General and the Assistant 
20Adjutants General shall be an amount equal to 15% more than the 
21respective officer's annual salary as of December 31, 2018. 
22The calculation of the 2018 salary base for this adjustment 
23shall not include any cost of living adjustments, as 
24authorized by Senate Joint Resolution 192 of the 86th General 
 
 
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1Assembly, for the period beginning July 1, 2009 to June 30, 
22019. On Beginning July 1, 2019 and each July 1 thereafter 
3through July 1, 2022, the Adjutant General and the Assistant 
4Adjutants General shall receive an increase in salary based on 
5a cost of living adjustment as authorized by Senate Joint 
6Resolution 192 of the 86th General Assembly. 

7 Notwithstanding any other provision of law, for terms 
8beginning on or after January 16, 2023, the Adjutant General 
9shall receive an annual salary of $165,000 or as set by the 
10Governor, whichever is higher. On July 1, 2023, and on each 
11July 1 thereafter, the Adjutant General shall receive an 
12increase in salary based on a cost of living adjustment as 
13authorized by Senate Joint Resolution 192 of the 86th General 
14Assembly. 
15 Notwithstanding any other provision of law, for terms 
16beginning on or after January 16, 2023, the Assistant 
17Adjutants General shall receive an annual salary of $140,250 
18or as set by the Governor, whichever is higher. On July 1, 
192023, and on each July 1 thereafter, the Assistant Adjutants 
20General shall receive an increase in salary based on a cost of 
21living adjustment as authorized by Senate Joint Resolution 192 
22of the 86th General Assembly. 
23(Source: P.A. 100-1179, eff. 1-18-19.)


24 Section 15-25. The State Fire Marshal Act is amended by 
25changing Section 1 as follows:




 
 
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1 (20 ILCS 2905/1) (from Ch. 127 1/2, par. 1)



2 Sec. 1. There is hereby created the Office of the State 
3Fire
Marshal, hereinafter referred to as the Office.

4 The Office shall be under an executive director who shall 
5be
appointed by the Governor with the advice and consent of the 
6Senate.

7 The executive director of the Office shall be known as the 
8State Fire
Marshal. For terms ending before December 31, 2019, 
9the State Fire Marshal shall receive an annual salary as set by

10the
Compensation Review Board.
For terms beginning after 
11January 18, 2019 (the effective date of Public Act 100-1179) 
12and before January 16, 2023 this amendatory Act of the 100th 
13General Assembly, the State Fire Marshal's annual salary shall 
14be an amount equal to 15% more than the State Fire Marshal's 
15annual salary as of December 31, 2018. The calculation of the 
162018 salary base for this adjustment shall not include any 
17cost of living adjustments, as authorized by Senate Joint 
18Resolution 192 of the 86th General Assembly, for the period 
19beginning July 1, 2009 to June 30, 2019. On Beginning July 1, 
202019 and each July 1 thereafter through July 1, 2022, the State 
21Fire Marshal shall receive an increase in salary based on a 
22cost of living adjustment as authorized by Senate Joint 
23Resolution 192 of the 86th General Assembly. 

24 Notwithstanding any other provision of law, for terms 
25beginning on or after January 16, 2023, the State Fire Marshal 
 
 
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1shall receive an annual salary of $165,000 or as set by the 
2Governor, whichever is higher. On July 1, 2023, and on each 
3July 1 thereafter, the State Fire Marshal shall receive an 
4increase in salary based on a cost of living adjustment as 
5authorized by Senate Joint Resolution 192 of the 86th General 
6Assembly. 
7 The Office of the State Fire Marshal shall have a division 
8that shall assume the duties of the Division of Fire

9Prevention, Department of Law Enforcement, and a division that 
10shall assume the duties of Illinois Fire
Protection Personnel 
11Standards and Education Commission. Each division
shall be 
12headed by a division manager who shall be employed by the Fire 
13Marshal, subject to the Personnel
Code, and shall be 
14responsible to the Fire Marshal.

15(Source: P.A. 100-1179, eff. 1-18-19.)


16 Section 15-30. The Illinois Emergency Management Agency 
17Act is amended by changing Section 5 as follows:




18 (20 ILCS 3305/5) (from Ch. 127, par. 1055)


19 Sec. 5. Illinois Emergency Management Agency. 

20 (a) There is created within the executive branch of the 
21State Government an
Illinois Emergency Management Agency and a 
22Director of the Illinois Emergency
Management Agency, herein 
23called the "Director" who shall be the head thereof.
The 
24Director shall be appointed by the Governor, with the advice 
 
 
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1and consent of
the Senate, and shall serve for a term of 2 
2years beginning on the third Monday
in January of the 
3odd-numbered year, and until a successor is appointed and
has 
4qualified; except that the term of the first Director 
5appointed under this
Act shall expire on the third Monday in 
6January, 1989. The Director shall not
hold any other 
7remunerative public office. For terms ending before December 
831, 2019, the Director shall receive an annual
salary as set by 
9the
Compensation Review Board. For terms beginning after 
10January 18, 2019 (the effective date of Public Act 100-1179) 
11and before January 16, 2023, the annual salary of the Director 
12shall be as provided in Section 5-300 of the Civil 
13Administrative Code of Illinois. Notwithstanding any other 
14provision of law, for terms beginning on or after January 16, 
152023, the Director shall receive an annual salary of $180,000 
16or as set by the Governor, whichever is higher. On July 1, 
172023, and on each July 1 thereafter, the Director shall 
18receive an increase in salary based on a cost of living 
19adjustment as authorized by Senate Joint Resolution 192 of the 
2086th General Assembly. 

21 For terms beginning on or after January 16, 2023, the 
22Assistant Director of the Illinois Emergency Management Agency 
23shall receive an annual salary of $156,600 or as set by the 
24Governor, whichever is higher. On July 1, 2023, and on each 
25July 1 thereafter, the Assistant Director shall receive an 
26increase in salary based on a cost of living adjustment as 
 
 
10200SB1720ham003- 136 -LRB102 15815 JDS 42540 a


1authorized by Senate Joint Resolution 192 of the 86th General 
2Assembly. 
3 (b) The Illinois Emergency Management Agency shall obtain, 
4under the
provisions of the Personnel Code, technical, 
5clerical, stenographic and other
administrative personnel, and 
6may make expenditures within the appropriation
therefor as may 
7be necessary to carry out the purpose of this Act. The agency

8created by this Act is intended to be a successor to the agency 
9created under
the Illinois Emergency Services and Disaster 
10Agency Act of 1975 and the
personnel, equipment, records, and 
11appropriations of that agency are
transferred to the successor 
12agency as of June 30, 1988 (the effective date of this Act).

13 (c) The Director, subject to the direction and control of 
14the Governor,
shall be the executive head of the Illinois 
15Emergency Management Agency and
the State Emergency Response 
16Commission and shall be responsible under the
direction of the 
17Governor, for carrying out the program for emergency

18management of this State. The Director shall also maintain 
19liaison
and cooperate with
the emergency management 
20organizations of this State and other states and of
the 
21federal government.

22 (d) The Illinois Emergency Management Agency shall take an 
23integral part in
the development and revision of political 
24subdivision emergency operations
plans prepared under 
25paragraph (f) of Section 10. To this end it shall employ
or 
26otherwise secure the services of professional and technical 
 
 
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1personnel
capable of providing expert assistance to the 
2emergency services and disaster
agencies. These personnel 
3shall consult with emergency services and disaster
agencies on 
4a regular basis and shall make field examinations of the 
5areas,
circumstances, and conditions that particular political 
6subdivision emergency
operations plans are intended to apply.

7 (e) The Illinois Emergency Management Agency and political 
8subdivisions
shall be encouraged to form an emergency 
9management advisory committee composed
of private and public 
10personnel representing the emergency management phases of

11mitigation, preparedness, response, and recovery.
The Local 
12Emergency Planning Committee, as created under the Illinois

13Emergency
Planning and Community Right to Know Act, shall 
14serve as
an advisory
committee to the emergency services and 
15disaster agency or agencies serving
within the boundaries
of 
16that Local Emergency Planning Committee planning district for:

17  (1) the development of emergency operations plan 
18 provisions for hazardous
chemical
emergencies; and

19  (2) the assessment of emergency response capabilities 
20 related to hazardous
chemical
emergencies.

21 (f) The Illinois Emergency Management Agency shall:

22  (1) Coordinate the overall emergency management 
23 program of the State.

24  (2) Cooperate with local governments, the federal 
25 government, and any
public or private agency or entity in 
26 achieving any purpose of this Act and
in implementing 
 
 
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1 emergency management programs for mitigation, 
2 preparedness,
response, and recovery.

3  (2.5) Develop a comprehensive emergency preparedness 
4 and response plan for any nuclear
accident in accordance 
5 with Section 65 of the Nuclear Safety
Law of 2004 and in 
6 development of the
Illinois
Nuclear Safety Preparedness 
7 program in accordance with Section 8 of the
Illinois 
8 Nuclear Safety Preparedness Act.

9  (2.6) Coordinate with the Department of Public Health

10 with respect to planning for and responding to public 
11 health emergencies.

12  (3) Prepare, for issuance by the Governor, executive 
13 orders,
proclamations, and regulations as necessary or 
14 appropriate in coping with
disasters.

15  (4) Promulgate rules and requirements for political 
16 subdivision
emergency operations plans that are not 
17 inconsistent with and are at least
as stringent as 
18 applicable federal laws and regulations.

19  (5) Review and approve, in accordance with Illinois 
20 Emergency Management
Agency rules, emergency operations

21 plans for those political subdivisions required to have an 
22 emergency services
and disaster agency pursuant to this 
23 Act.

24  (5.5) Promulgate rules and requirements for the 
25 political subdivision
emergency management
exercises, 
26 including, but not limited to, exercises of the emergency 
 
 
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1 operations
plans.

2  (5.10) Review, evaluate, and approve, in accordance 
3 with Illinois
Emergency
Management
Agency rules, political 
4 subdivision emergency management exercises for those

5 political subdivisions
required to have an emergency 
6 services and disaster agency pursuant to this
Act.

7  (6) Determine requirements of the State and its 
8 political
subdivisions
for food, clothing, and other 
9 necessities in event of a disaster.

10  (7) Establish a register of persons with types of 
11 emergency
management
training and skills in mitigation, 
12 preparedness, response, and recovery. 

13  (8) Establish a register of government and private 
14 response
resources
available for use in a disaster.

15  (9) Expand the Earthquake Awareness Program and its 
16 efforts to
distribute earthquake preparedness materials to 
17 schools, political
subdivisions, community groups, civic 
18 organizations, and the media.
Emphasis will be placed on 
19 those areas of the State most at risk from an
earthquake. 
20 Maintain the list of all school districts, hospitals,

21 airports, power plants, including nuclear power plants, 
22 lakes, dams,
emergency response facilities of all types, 
23 and all other major public or
private structures which are 
24 at the greatest risk of damage from
earthquakes under 
25 circumstances where the damage would cause subsequent
harm 
26 to the surrounding communities and residents.

 
 
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1  (10) Disseminate all information, completely and 
2 without
delay, on water
levels for rivers and streams and 
3 any other data pertaining to potential
flooding supplied 
4 by the Division of Water Resources within the Department 
5 of
Natural Resources to all political subdivisions to the 
6 maximum extent possible.

7  (11) Develop agreements, if feasible, with medical 
8 supply and
equipment
firms to
supply resources as are 
9 necessary to respond to an earthquake or any other

10 disaster as defined in this Act. These resources will be 
11 made available
upon notifying the vendor of the disaster. 
12 Payment for the resources will
be in accordance with 
13 Section 7 of this Act. The Illinois Department of
Public 
14 Health shall determine which resources will be required 
15 and requested.

16  (11.5) In coordination with the Illinois State Police, 
17 develop and
implement a community outreach program to 
18 promote awareness among the State's
parents and children 
19 of child abduction prevention and response.

20  (12) Out of funds appropriated for these purposes, 
21 award capital and
non-capital grants to Illinois hospitals 
22 or health care facilities located
outside of a city with a 
23 population in excess of 1,000,000 to be used for
purposes 
24 that include, but are not limited to, preparing to respond 
25 to mass
casualties and disasters, maintaining and 
26 improving patient safety and
quality of care, and 
 
 
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1 protecting the confidentiality of patient information.
No 
2 single grant for a capital expenditure shall exceed 
3 $300,000.
No single grant for a non-capital expenditure 
4 shall exceed $100,000.
In awarding such grants, preference 
5 shall be given to hospitals that serve
a significant 
6 number of Medicaid recipients, but do not qualify for

7 disproportionate share hospital adjustment payments under 
8 the Illinois Public
Aid Code. To receive such a grant, a 
9 hospital or health care facility must
provide funding of 
10 at least 50% of the cost of the project for which the grant

11 is being requested.
In awarding such grants the Illinois 
12 Emergency Management Agency shall consider
the 
13 recommendations of the Illinois Hospital Association.

14  (13) Do all other things necessary, incidental or 
15 appropriate
for the implementation of this Act.

16 (g) The Illinois Emergency Management Agency is authorized 
17to make grants to various higher education institutions, 
18public K-12 school districts, area vocational centers as 
19designated by the State Board of Education, inter-district 
20special education cooperatives, regional safe schools, and 
21nonpublic K-12 schools for safety and security improvements. 
22For the purpose of this subsection (g), "higher education 
23institution" means a public university, a public community 
24college, or an independent, not-for-profit or for-profit 
25higher education institution located in this State. Grants 
26made under this subsection (g) shall be paid out of moneys 
 
 
10200SB1720ham003- 142 -LRB102 15815 JDS 42540 a


1appropriated for that purpose from the Build Illinois Bond 
2Fund. The Illinois Emergency Management Agency shall adopt 
3rules to implement this subsection (g). These rules may 
4specify: (i) the manner of applying for grants; (ii) project 
5eligibility requirements; (iii) restrictions on the use of 
6grant moneys; (iv) the manner in which the various higher 
7education institutions must account for the use of grant 
8moneys; and (v) any other provision that the Illinois 
9Emergency Management Agency determines to be necessary or 
10useful for the administration of this subsection (g).
11 (g-5) The Illinois Emergency Management Agency is 
12authorized to make grants to not-for-profit organizations 
13which are exempt from federal income taxation under section 
14501(c)(3) of the Federal Internal Revenue Code for eligible 
15security improvements that assist the organization in 
16preventing, preparing for, or responding to acts of terrorism. 
17The Director shall establish procedures and forms by which 
18applicants may apply for a grant and procedures for 
19distributing grants to recipients. The procedures shall 
20require each applicant to do the following:
21  (1) identify and substantiate prior threats or attacks 
22 by a terrorist organization, network, or cell against the 
23 not-for-profit organization;
24  (2) indicate the symbolic or strategic value of one or 
25 more sites that renders the site a possible target of 
26 terrorism;
 
 
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1  (3) discuss potential consequences to the organization 
2 if the site is damaged, destroyed, or disrupted by a 
3 terrorist act;
4  (4) describe how the grant will be used to integrate 
5 organizational preparedness with broader State and local 
6 preparedness efforts;
7  (5) submit a vulnerability assessment conducted by 
8 experienced security, law enforcement, or military 
9 personnel, and a description of how the grant award will 
10 be used to address the vulnerabilities identified in the 
11 assessment; and
12  (6) submit any other relevant information as may be 
13 required by the Director.
14 The Agency is authorized to use funds appropriated for the 
15grant program described in this subsection (g-5) to administer 
16the program. 
17 (h) Except as provided in Section 17.5 of this Act, any 
18moneys received by the Agency from donations or sponsorships 
19unrelated to a disaster shall be deposited in the Emergency 
20Planning and Training Fund and used by the Agency, subject to 
21appropriation, to effectuate planning and training activities. 
22Any moneys received by the Agency from donations during a 
23disaster and intended for disaster response or recovery shall 
24be deposited into the Disaster Response and Recovery Fund and 
25used for disaster response and recovery pursuant to the 
26Disaster Relief Act. 
 
 
10200SB1720ham003- 144 -LRB102 15815 JDS 42540 a


1 (i) The Illinois Emergency Management Agency may by rule 
2assess and collect reasonable fees for attendance at 
3Agency-sponsored conferences to enable the Agency to carry out 
4the requirements of this Act. Any moneys received under this 
5subsection shall be deposited in the Emergency Planning and 
6Training Fund and used by the Agency, subject to 
7appropriation, for planning and training activities.
8 (j) The Illinois Emergency Management Agency is authorized 
9to make grants to other State agencies, public universities, 
10units of local government, and statewide mutual aid 
11organizations to enhance statewide emergency preparedness and 
12response. 
13(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 
14102-813, eff. 5-13-22.)


15 Section 15-35. The Environmental Protection Act is amended 
16by changing Section 4 as follows:




17 (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)



18 Sec. 4. Environmental Protection Agency; establishment; 
19duties. 

20 (a) There is established in the Executive Branch of the 
21State Government an
agency to be known as the Environmental 
22Protection Agency. This Agency shall
be under the supervision 
23and direction of a Director who shall be appointed by
the 
24Governor with the advice and consent of the Senate. The term of 
 
 
10200SB1720ham003- 145 -LRB102 15815 JDS 42540 a


1office
of the Director shall expire on the third Monday of 
2January in odd numbered
years, provided that he or she shall 
3hold office until a successor is appointed
and has qualified. 
4For terms ending before December 31, 2019, the Director shall

5receive an annual salary as set by
the Compensation Review 
6Board. For terms beginning after January 18, 2019 (the 
7effective date of Public Act 100-1179) and before January 16, 
82023, the Director's annual salary shall be an amount equal to 
915% more than the Director's annual salary as of December 31, 
102018. The calculation of the 2018 salary base for this 
11adjustment shall not include any cost of living adjustments, 
12as authorized by Senate Joint Resolution 192 of the 86th 
13General Assembly, for the period beginning July 1, 2009 to 
14June 30, 2019. Beginning July 1, 2019 and each July 1 
15thereafter, the Director shall receive an increase in salary 
16based on a cost of living adjustment as authorized by Senate 
17Joint Resolution 192 of the 86th General Assembly. 
18Notwithstanding any other provision of law, for terms 
19beginning on or after January 16, 2023, the Director shall 
20receive an annual salary of $180,000 or as set by the Governor, 
21whichever is higher. On July 1, 2023, and on each July 1 
22thereafter, the Director shall receive an increase in salary 
23based on a cost of living adjustment as authorized by Senate 
24Joint Resolution 192 of the 86th General Assembly. The 
25Director, in accord with the Personnel Code, shall employ and

26direct such personnel, and shall provide for such laboratory 
 
 
10200SB1720ham003- 146 -LRB102 15815 JDS 42540 a


1and other
facilities, as may be necessary to carry out the 
2purposes of this Act. In
addition, the Director may by 
3agreement secure such services as he or she
may deem necessary 
4from any other department, agency, or unit of the State

5Government, and may employ and compensate such consultants and 
6technical
assistants as may be required.

7 (b) The Agency shall have the duty to collect and 
8disseminate such
information, acquire such technical data, and 
9conduct such experiments
as may be required to carry out the 
10purposes of this Act, including
ascertainment of the quantity 
11and nature of discharges from any
contaminant source and data 
12on those sources, and to operate and arrange
for the operation 
13of devices for the monitoring of environmental quality.

14 (c) The Agency shall have authority to conduct a program 
15of
continuing surveillance and of regular or periodic 
16inspection of actual
or potential contaminant or noise 
17sources, of public water supplies, and
of refuse disposal 
18sites.

19 (d) In accordance with constitutional limitations,
the 
20Agency shall have authority to enter at all reasonable times

21upon any private or public property for the purpose of:

22  (1) Inspecting and investigating to ascertain possible 
23 violations of
this Act, any rule or regulation adopted 
24 under this Act, any permit or
term or condition of a 
25 permit, or any Board order; or

26  (2) In accordance with the provisions of this Act, 
 
 
10200SB1720ham003- 147 -LRB102 15815 JDS 42540 a


1 taking whatever
preventive or corrective action, including 
2 but not limited to removal or
remedial action, that is 
3 necessary or appropriate whenever there is a
release or a 
4 substantial threat of a release of (A) a hazardous

5 substance or pesticide or (B) petroleum from an 
6 underground storage tank.

7 (e) The Agency shall have the duty to investigate 
8violations of this
Act, any rule or regulation adopted under 
9this Act, any permit or
term or condition of a permit, or any 
10Board order;
to issue administrative citations as provided in 
11Section 31.1 of this
Act; and to take such summary enforcement 
12action as is provided
for by Section 34 of this Act.

13 (f) The Agency shall appear before the Board in any 
14hearing upon a
petition for variance or time-limited water 
15quality standard, the denial of a permit, or the validity or 
16effect
of a rule or regulation of the Board, and shall have the 
17authority to
appear before the Board in any hearing under the 
18Act.

19 (g) The Agency shall have the duty to administer, in 
20accord with
Title X of this Act, such permit and certification 
21systems as may be
established by this Act or by regulations 
22adopted thereunder.
The Agency may enter into written 
23delegation agreements with any department,
agency, or unit of 
24State or local government under which all or portions
of this 
25duty may be delegated for public water supply storage and 
26transport
systems, sewage collection and transport systems, 
 
 
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1air pollution control
sources with uncontrolled emissions of 
2100 tons per year or less and
application of algicides to 
3waters of the State. Such delegation
agreements will require 
4that the work to be performed thereunder will be
in accordance 
5with Agency criteria, subject to Agency review, and shall

6include such financial and program auditing by the Agency as 
7may be required.

8 (h) The Agency shall have authority to require the 
9submission of
complete plans and specifications from any 
10applicant for a permit
required by this Act or by regulations 
11thereunder, and to require the
submission of such reports 
12regarding actual or potential violations of
this Act, any rule 
13or regulation adopted under this Act, any permit or
term or 
14condition of a permit, or any Board order, as may be necessary 
15for the purposes of
this Act.

16 (i) The Agency shall have authority to make 
17recommendations to the
Board for the adoption of regulations 
18under Title VII of the Act.

19 (j) The Agency shall have the duty to represent the State 
20of
Illinois in any and all matters pertaining to plans, 
21procedures, or
negotiations for interstate compacts or other 
22governmental arrangements
relating to environmental 
23protection.

24 (k) The Agency shall have the authority to accept, 
25receive, and
administer on behalf of the State any grants, 
26gifts, loans, indirect cost
reimbursements, or other funds 
 
 
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1made available to the State from any source
for purposes of 
2this Act or for air or water pollution control, public water

3supply, solid waste disposal, noise abatement, or other 
4environmental
protection activities, surveys, or programs. Any 
5federal funds received by the
Agency pursuant to this 
6subsection shall be deposited in a trust fund with the
State 
7Treasurer and held and disbursed by him in accordance with 
8Treasurer as
Custodian of Funds Act, provided that such monies 
9shall be used only for the
purposes for which they are 
10contributed and any balance remaining shall be
returned to the 
11contributor.

12 The Agency is authorized to promulgate such regulations 
13and enter
into such contracts as it may deem necessary for 
14carrying out the
provisions of this subsection.

15 (l) The Agency is hereby designated as water pollution 
16agency for
the state for all purposes of the Federal Water 
17Pollution Control Act, as
amended; as implementing agency for 
18the State for all purposes of the Safe
Drinking Water Act, 
19Public Law 93-523, as now or hereafter amended, except
Section 
201425 of that Act; as air pollution agency for the state for all

21purposes of the Clean Air Act of 1970, Public Law 91-604, 
22approved December 31,
1970, as amended; and as solid waste 
23agency for the state for all purposes of
the Solid Waste 
24Disposal Act, Public Law 89-272, approved October 20, 1965,

25and amended by the Resource Recovery Act of 1970, Public Law 
2691-512, approved
October 26, 1970, as amended, and amended by 
 
 
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1the Resource Conservation and
Recovery Act of 1976, (P.L. 
294-580) approved October 21, 1976, as amended; as
noise 
3control agency for the state for all purposes of the Noise 
4Control Act of
1972, Public Law 92-574, approved October 27, 
51972, as amended; and as
implementing agency for the State for 
6all purposes of the Comprehensive
Environmental Response, 
7Compensation, and Liability Act of 1980 (P.L. 96-510),
as 
8amended; and otherwise as pollution control agency for the 
9State pursuant
to federal laws integrated with the foregoing 
10laws, for financing purposes or
otherwise. The Agency is 
11hereby authorized to take all action necessary or
appropriate 
12to secure to the State the benefits of such federal Acts, 
13provided
that the Agency shall transmit to the United States 
14without change any
standards adopted by the Pollution Control 
15Board pursuant to Section 5(c) of
this Act. This subsection 
16(l) of Section 4 shall not be construed to bar or
prohibit the 
17Environmental Protection Trust Fund Commission from accepting,

18receiving, and administering on behalf of the State any 
19grants, gifts,
loans or other funds for which the Commission 
20is eligible pursuant to the
Environmental Protection Trust 
21Fund Act. The Agency is hereby designated as
the State agency 
22for all purposes of administering the requirements of Section

23313 of the federal Emergency Planning and Community 
24Right-to-Know Act of 1986.

25 Any municipality, sanitary district, or other political 
26subdivision,
or any Agency of the State or interstate Agency, 
 
 
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1which makes application
for loans or grants under such federal 
2Acts shall notify the Agency of
such application; the Agency 
3may participate in proceedings under such
federal Acts.

4 (m) The Agency shall have authority, consistent with 
5Section 5(c)
and other provisions of this Act, and for 
6purposes of Section 303(e) of
the Federal Water Pollution 
7Control Act, as now or hereafter amended,
to engage in 
8planning processes and activities and to develop
plans in 
9cooperation with units of local government, state agencies and

10officers, and other appropriate persons in connection with the

11jurisdiction or duties of each such unit, agency, officer or 
12person.
Public hearings shall be held on the planning process, 
13at which any
person shall be permitted to appear and be heard, 
14pursuant to procedural
regulations promulgated by the Agency.

15 (n) In accordance with the powers conferred upon the 
16Agency by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, 
17the Agency shall
have authority to establish and enforce 
18minimum standards for the
operation of laboratories relating 
19to analyses and laboratory tests for
air pollution, water 
20pollution, noise emissions, contaminant discharges
onto land 
21and sanitary, chemical, and mineral quality of water

22distributed by a public water supply. The Agency may enter 
23into formal
working agreements with other departments or 
24agencies of state
government under which all or portions of 
25this authority may be
delegated to the cooperating department 
26or agency.

 
 
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1 (o) The Agency shall have the authority to issue 
2certificates of
competency to persons and laboratories meeting 
3the minimum standards
established by the Agency in accordance 
4with Section 4(n) of this Act
and to promulgate and enforce 
5regulations relevant to the issuance and
use of such 
6certificates. The Agency may enter into formal working

7agreements with other departments or agencies of state 
8government under
which all or portions of this authority may 
9be delegated to the
cooperating department or agency.

10 (p) Except as provided in Section 17.7, the Agency shall 
11have the
duty to analyze samples as required
from each public 
12water supply to determine compliance with the
contaminant 
13levels specified by the Pollution Control Board. The maximum

14number of samples which the Agency shall be required to 
15analyze for
microbiological quality shall be 6 per month, but 
16the Agency may, at its
option, analyze a larger number each 
17month for any supply. Results of
sample analyses for 
18additional required bacteriological testing,
turbidity, 
19residual chlorine and radionuclides are to be provided to the

20Agency in accordance with Section 19. Owners of water supplies 
21may enter
into agreements with the Agency to provide for 
22reduced Agency
participation in sample analyses.

23 (q) The Agency shall have the authority to provide notice 
24to any
person who may be liable pursuant to Section 22.2(f) of 
25this Act for a
release or a substantial threat of a release of 
26a hazardous substance or
pesticide. Such notice shall include 
 
 
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1the identified response action and an
opportunity for such 
2person to perform the response action.

3 (r) The Agency may enter into written delegation 
4agreements with any
unit of local government under which it 
5may delegate all or portions of its
inspecting, investigating 
6and enforcement functions. Such delegation
agreements shall 
7require that work performed thereunder be in accordance
with 
8Agency criteria and subject to Agency review.
Notwithstanding 
9any other provision of law to the contrary, no unit of
local 
10government shall be liable for any injury resulting from the 
11exercise
of its authority pursuant to such a delegation 
12agreement unless the injury
is proximately caused by the 
13willful and wanton negligence of an agent or
employee of the 
14unit of local government, and any policy of insurance
coverage 
15issued to a unit of local government may provide for the denial 
16of
liability and the nonpayment of claims based upon injuries 
17for which the unit
of local government is not liable pursuant 
18to this subsection (r).

19 (s) The Agency shall have authority to take whatever 
20preventive or
corrective action is necessary or appropriate, 
21including but not limited to
expenditure of monies 
22appropriated from the Build Illinois Bond Fund for removal or 
23remedial action, whenever
any hazardous substance or pesticide 
24is released or
there is a substantial threat of such a release 
25into the environment. The
State, the Director, and any State 
26employee shall be indemnified for any
damages or injury 
 
 
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1arising out of or resulting from any action taken under
this 
2subsection. The Director of the Agency is authorized to enter 
3into
such contracts and agreements as are necessary
to carry 
4out the Agency's duties under this subsection.

5 (t) The Agency shall have authority to distribute grants, 
6subject to
appropriation by the General Assembly, to units of 
7local government for financing and construction of
wastewater 
8facilities in both incorporated and unincorporated areas. With 
9respect to all monies appropriated
from the Build Illinois 
10Bond Fund for wastewater facility grants, the Agency shall 
11make
distributions in conformity with the rules and 
12regulations established
pursuant to the Anti-Pollution Bond 
13Act, as now or hereafter amended.

14 (u) Pursuant to the Illinois Administrative Procedure Act, 
15the
Agency shall have the authority to adopt such rules as are 
16necessary or
appropriate for the Agency to implement Section 
1731.1 of this Act.

18 (v) (Blank.)

19 (w) Neither the State, nor the Director, nor the Board, 
20nor any State
employee shall be liable for any damages or 
21injury arising out of or
resulting from any action taken under 
22subsection (s).


23 (x)(1) The Agency shall have authority to distribute 
24grants, subject to
appropriation by the General Assembly, to 
25units of local government for
financing and construction of 
26public water supply facilities. With respect
to all monies 
 
 
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1appropriated from the Build Illinois Bond Fund for public 
2water supply grants, such grants shall be
made in accordance 
3with rules promulgated by the Agency.
Such rules shall include 
4a requirement for a local match of 30% of the
total project 
5cost for projects funded through such grants.


6 (2) The Agency shall not terminate a grant to a unit of 
7local government
for the financing and construction of public 
8water supply facilities unless
and until the Agency adopts 
9rules that set forth precise and complete
standards, pursuant 
10to Section 5-20 of the Illinois Administrative
Procedure Act, 
11for the termination of such grants. The Agency shall not
make 
12determinations on whether specific grant conditions are 
13necessary to
ensure the integrity of a project or on whether 
14subagreements shall be
awarded, with respect to grants for the 
15financing and construction of
public water supply facilities, 
16unless and until the Agency adopts rules
that set forth 
17precise and complete standards, pursuant to Section 5-20
of 
18the Illinois Administrative Procedure Act, for making such

19determinations. The Agency shall not issue a stop-work order 
20in relation to
such grants unless and until the Agency adopts 
21precise and complete standards,
pursuant to Section 5-20 of 
22the Illinois Administrative Procedure Act, for
determining 
23whether to issue a stop-work order.

24 (y) The Agency shall have authority to release any person 
25from further
responsibility for preventive or corrective 
26action under this Act following
successful completion of 
 
 
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1preventive or corrective action undertaken by such
person upon 
2written request by the person.

3 (z) To the extent permitted by any applicable federal law 
4or regulation, for all work performed for State construction 
5projects which are funded in whole or in part by a capital 
6infrastructure bill enacted by the 96th General Assembly by 
7sums appropriated to the Environmental Protection Agency, at 
8least 50% of the total labor hours must be performed by actual 
9residents of the State of Illinois. For purposes of this 
10subsection, "actual residents of the State of Illinois" means 
11persons domiciled in the State of Illinois. The Department of 
12Labor shall promulgate rules providing for the enforcement of 
13this subsection.
14 (aa) The Agency may adopt rules requiring the electronic 
15submission of any information required to be submitted to the 
16Agency pursuant to any State or federal law or regulation or 
17any court or Board order. Any rules adopted under this 
18subsection (aa) must include, but are not limited to, 
19identification of the information to be submitted 
20electronically. 
21(Source: P.A. 102-1071, eff. 6-10-22.)


22 Section 15-40. The Reimagine Public Safety Act is amended 
23by changing Section 35-20 as follows:

24 (430 ILCS 69/35-20)

 
 
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1 Sec. 35-20. Office of Firearm Violence Prevention. 
2 (a) On or before October 1, 2021, an Office of Firearm 
3Violence Prevention is established within the Illinois 
4Department of Human Services. The Assistant Secretary of 
5Violence Prevention shall report his or her actions to the 
6Secretary of Human Services and the Office of the Governor. 
7The Office shall have the authority to coordinate and 
8integrate all programs and services listed in this Act and 
9other programs and services the Governor establishes by 
10executive order to maximize an integrated approach to reducing 
11Illinois' firearm violence epidemic and ultimately ending this 
12public health crisis. 
13 (b) The Department of Human Services and the Office of 
14Firearm Violence Prevention shall have grant making, 
15operational, and procurement authority to distribute funds to 
16violence prevention organizations, youth development 
17organizations, high-risk youth intervention organizations, 
18approved technical assistance and training providers, 
19evaluation and assessment organizations, and other entities 
20necessary to execute the functions established in this Act and 
21other programs and services the Governor establishes by 
22executive order for the Department and the Office. 
23 (c) The Assistant Secretary of Firearm Violence Prevention 
24shall be appointed by the Governor with the advice and consent 
25of the Senate. The Assistant Secretary of Firearm Violence 
26Prevention shall receive an annual salary of $170,000 or as 
 
 
10200SB1720ham003- 158 -LRB102 15815 JDS 42540 a


1set by the Governor, whichever is higher, and, beginning July 
21, 2023, shall be compensated from appropriations provided to 
3the Comptroller for this purpose. On July 1, 2023, and on each 
4July 1 thereafter, the Assistant Secretary shall receive an 
5increase in salary based on a cost of living adjustment as 
6authorized by Senate Joint Resolution 192 of the 86th General 
7Assembly. The Assistant Secretary of Firearm Violence 
8Prevention shall report to the Secretary of Human Services and 
9also report his or her actions to the Office of the Governor. 
10 (d) For Illinois municipalities with a 1,000,000 or more 
11population, the Office of Firearm Violence Prevention shall 
12determine the 10 most violent neighborhoods. When possible, 
13this shall be determined by measuring the number of per capita 
14fatal and nonfatal firearm-shot victims, excluding 
15self-inflicted incidents, from January 1, 2016 through 
16December 31, 2020. These 10 communities shall qualify for 
17grants under this Act and coordination of other State services 
18from the Office of Firearm Violence Prevention. The Office 
19shall, after identifying the top 10 neighborhoods, identify an 
20additional 7 eligible neighborhoods by considering the number 
21of victims in rank order in addition to the per capita rate. If 
22appropriate, and subject to appropriation, the Office shall 
23have the authority to consider adding up to 5 additional 
24eligible neighborhoods or clusters of contiguous neighborhoods 
25utilizing the same data sets so as to maximize the potential 
26impact for firearm violence reduction. For Illinois 
 
 
10200SB1720ham003- 159 -LRB102 15815 JDS 42540 a


1municipalities with less than 1,000,000 residents and more 
2than 35,000 residents, the Office of Firearm Violence 
3Prevention shall identify the 10 municipalities or contiguous 
4geographic areas that have the greatest concentrated firearm 
5violence victims. When possible, this shall be determined by 
6measuring the number of fatal and nonfatal firearm-shot 
7victims, excluding self-inflicted incidents, from January 1, 
82016 through December 31, 2020 divided by the number of 
9residents for each municipality or area. These 10 
10municipalities or contiguous geographic areas and up to 5 
11additional municipalities or contiguous geographic areas 
12identified by the Office of Firearm Violence Prevention shall 
13qualify for grants under this Act and coordination of other 
14State services from the Office of Firearm Violence Prevention. 
15The Office of Firearm Violence Prevention shall consider 
16factors listed in subsection (a) of Section 35-40 to determine 
17up to 5 additional municipalities or contiguous geographic 
18areas that qualify for grants under this Act. The Office of 
19Firearm Violence Prevention may, subject to appropriation, 
20identify up to 5 additional neighborhoods, municipalities, 
21contiguous geographic areas, or other local 
22government-identified boundary areas to receive funding under 
23this Act after considering additional risk factors that 
24contribute to community firearm violence. The data analysis to 
25identify new eligible neighborhoods and municipalities shall 
26be updated to reflect eligibility based on the most recently 
 
 
10200SB1720ham003- 160 -LRB102 15815 JDS 42540 a


1available 5 full years of data no more frequently than once 
2every 3 years. 
3 (e) The Office of Firearm Violence Prevention shall issue 
4a report to the General Assembly no later than January 1 of 
5each year that identifies communities within Illinois 
6municipalities of 1,000,000 or more residents and 
7municipalities with less than 1,000,000 residents and more 
8than 35,000 residents that are experiencing concentrated 
9firearm violence, explaining the investments that are being 
10made to reduce concentrated firearm violence, and making 
11further recommendations on how to end Illinois' firearm 
12violence epidemic.

13(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.)


14
ARTICLE 20


15 Section 20-5. The Illinois Power Agency Act is amended by 
16changing Section 1-70 as follows:

17 (20 ILCS 3855/1-70)

18 Sec. 1-70. Agency officials. 
19 (a) The Agency shall have a Director who meets the 
20qualifications specified in Section 5-222 of the Civil 
21Administrative Code of Illinois.
22 (b) Within the Illinois Power Agency, the Agency shall 
23establish a Planning and Procurement Bureau and may establish 
 
 
10200SB1720ham003- 161 -LRB102 15815 JDS 42540 a


1a Resource Development Bureau. Each Bureau shall report to the 
2Director.
3 (c) The Chief of the Planning and Procurement Bureau shall 
4be appointed by the Director, at the Director's sole 
5discretion, and (i) shall have at least 5 years of direct 
6experience in electricity supply planning and procurement and 
7(ii) shall also hold an advanced degree in risk management, 
8law, business, or a related field. 
9 (d) The Chief of the Resource Development Bureau may be 
10appointed by the Director and (i) shall have at least 5 years 
11of direct experience in electric generating project 
12development and (ii) shall also hold an advanced degree in 
13economics, engineering, law, business, or a related field.
14 (e) Notwithstanding any other provision of law, for terms 
15beginning on or after January 16, 2023, the Director shall 
16receive an annual salary of $165,000. On July 1, 2023, and on 
17each July 1 thereafter, the Director shall receive an increase 
18in salary based on a cost of living adjustment as authorized by 
19Senate Joint Resolution 192 of the 86th General Assembly. For 
20terms ending before December 31, 2019, the Director shall 
21receive an annual salary of $100,000 or as set by the Executive 
22Ethics Commission based on a review of comparable State agency 
23director salaries, whichever is higher. No annual salary for 
24the Director or a Bureau Chief shall exceed the amount of 
25salary set by law for the Governor that is in effect on July 1 
26of that fiscal year.
 
 
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1 (f) The Director and each Bureau Chief Bureau Chiefs shall 
2not, for 2 years prior to appointment or for 2 years after he 
3or she leaves his or her position, be employed by an electric 
4utility, independent power producer, power marketer, or 
5alternative retail electric supplier regulated by the 
6Commission or the Federal Energy Regulatory Commission.
7 (g) The Director and Bureau Chiefs are prohibited from: 
8(i) owning, directly or indirectly, 5% or more of the voting 
9capital stock of an electric utility, independent power 
10producer, power marketer, or alternative retail electric 
11supplier; (ii) being in any chain of successive ownership of 
125% or more of the voting capital stock of any electric utility, 
13independent power producer, power marketer, or alternative 
14retail electric supplier; (iii) receiving any form of 
15compensation, fee, payment, or other consideration from an 
16electric utility, independent power producer, power marketer, 
17or alternative retail electric supplier, including legal fees, 
18consulting fees, bonuses, or other sums. These limitations do 
19not apply to any compensation received pursuant to a defined 
20benefit plan or other form of deferred compensation, provided 
21that the individual has otherwise severed all ties to the 
22utility, power producer, power marketer, or alternative retail 
23electric supplier.

24(Source: P.A. 102-662, eff. 9-15-21.)

25
ARTICLE 25


 
 
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1 Section 25-5. The Commission on Equity and Inclusion Act 
2is amended by changing Section 40-5 as follows:

3 (30 ILCS 574/40-5)

4 Sec. 40-5. Commission on Equity and Inclusion.

5 (a) There is hereby created the Commission on Equity and 
6Inclusion, which shall consist of 7 members appointed by the 
7Governor with the advice and consent of the Senate. No more 
8than 4 members shall be of the same political party. The 
9Governor shall designate one member as chairperson, who shall 
10be the chief administrative and executive officer of the 
11Commission, and shall have general supervisory authority over 
12all personnel of the Commission.

13 (b) Of the members first appointed, 4 shall be appointed 
14for a term to expire on the third Monday of January, 2023, and 
153 (including the Chairperson) shall be appointed for a term to 
16expire on the third Monday of January, 2025.

17 Thereafter, each member shall serve for a term of 4 years 
18and until his or her successor is appointed and qualified; 
19except that any member chosen to fill a vacancy occurring 
20otherwise than by expiration of a term shall be appointed only 
21for the unexpired term of the member whom he or she shall 
22succeed and until his or her successor is appointed and 
23qualified.

24 (c) In case of a vacancy on the Commission during the 
 
 
10200SB1720ham003- 164 -LRB102 15815 JDS 42540 a


1recess of the Senate, the Governor shall make a temporary 
2appointment until the next meeting of the Senate, when he or 
3she shall appoint a person to fill the vacancy. Any person so 
4nominated who is confirmed by the Senate shall hold office 
5during the remainder of the term and until his or her successor 
6is appointed and qualified. Vacancies in the Commission shall 
7not impair the right of the remaining members to exercise all 
8the powers of the Commission.

9 (d) The Chairperson of the Commission shall be compensated 
10at the rate of $128,000 per year, or as otherwise set by this 
11Section, during his or her service as Chairperson, and each 
12other member shall be compensated at the rate of $121,856 per 
13year, or as otherwise set by this Section. In addition, all 
14members of the Commission shall be reimbursed for expenses 
15actually and necessarily incurred by them in the performance 
16of their duties.
Members of the Commission are eligible to 
17receive pension under the State Employees' Retirement System 
18of Illinois as provided under Article 14 of the Illinois 
19Pension Code.
20 (e) The Commission shall have an Executive Director who is 
21appointed by the Governor and who shall be the chief 
22administrative and operational officer of the Commission, 
23shall direct and supervise its administrative affairs and 
24general management, and perform such other duties as may be 
25prescribed from time to time by the Commission. 
26Notwithstanding any other provision of law, beginning on the 
 
 
10200SB1720ham003- 165 -LRB102 15815 JDS 42540 a


1effective date of this amendatory Act of the 102nd General 
2Assembly, the Executive Director shall receive an annual 
3salary as set by the Governor. 
4 The Executive Director or any committee of the Commission 
5may carry out such responsibilities of the Commission as the 
6Commission by resolution may delegate. The Executive Director 
7shall attend all meetings of the Commission; however, no 
8action of the Commission shall be invalid on account of the 
9absence of the Executive Director from a meeting. The 
10Executive Director may employ and determine the compensation 
11of staff, as appropriations permit. 
12 (f) The budget established for the Commission for any 
13given fiscal year shall be no less than that established for 
14the Human Rights Commission for that same fiscal year.


15(Source: P.A. 101-657, eff. 1-1-22.)

16
ARTICLE 30


17 Section 30-5. The Salaries Act is amended by changing 
18Section 1 as follows:




19 (5 ILCS 290/1) (from Ch. 53, par. 1)



20 Sec. 1. 
There shall be allowed and paid an annual
salary in 
21lieu of all other salaries, fees, perquisites, benefit of

22compensation in any form whatsoever, to each of the officers 
23herein named, the
following respectively: .

 
 
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1 (1) For terms beginning before January 9, 2023: 
2   To the Governor,
a salary set by the Compensation 
3 Review Board, together with the use and occupancy of 
4 the executive mansion.

5   To the Lieutenant Governor,
a salary set by the 
6 Compensation Review Board.

7   To the Secretary of State,
a salary set by the 
8 Compensation Review Board.

9   To the Comptroller,
a salary set by the 
10 Compensation Review Board.

11   To the Treasurer,
a salary set by the Compensation 
12 Review Board.

13   To the Attorney General,
a salary set by the 
14 Compensation Review Board.

15 (2) For terms beginning on or after January 9, 2023: 
16   To the Governor, a salary of $205,700 or as set by 
17 the Compensation Review Board, whichever is greater, 
18 together with the use and occupancy of the executive 
19 mansion.
20   To the Lieutenant Governor, a salary of $160,900 
21 or as set by the Compensation Review Board, whichever 
22 is greater.
23   To the Secretary of State, a salary of $183,300 or 
24 as set by the Compensation Review Board, whichever is 
25 greater.
26   To the Comptroller, a salary of $160,900 or as set 
 
 
10200SB1720ham003- 167 -LRB102 15815 JDS 42540 a


1 by the Compensation Review Board, whichever is 
2 greater.
3   To the Treasurer, a salary of $160,900 or as set by 
4 the Compensation Review Board, whichever is greater.
5   To the Attorney General, a salary of $183,300 or 
6 as set by the Compensation Review Board, whichever is 
7 greater. 
8(Source: P.A. 89-657, eff. 8-14-96.)


9
ARTICLE 35


10 Section 35-5. The General Assembly Compensation Act is 
11amended by changing Section 1 as follows:

12 (25 ILCS 115/1) (from Ch. 63, par. 14)
13 Sec. 1. Each member of the General Assembly shall receive 
14an annual salary
of $28,000 or as set by the Compensation 
15Review Board, whichever is
greater. Beginning with the 103rd 
16General Assembly, each member of the General Assembly shall 
17receive an annual salary of $85,000 or as set by the 
18Compensation Review Board, whichever is greater. The
following 
19named officers, committee chairmen and committee minority 
20spokesmen
shall receive additional amounts per year for
their 
21services as such officers, committee chairmen and committee

22minority spokesmen respectively, as set by the Compensation

23Review Board or, as follows, whichever is greater: Beginning 
 
 
10200SB1720ham003- 168 -LRB102 15815 JDS 42540 a


1the second
Wednesday in January 1989, the Speaker and the 
2minority leader of the
House of Representatives and the

3President and the minority leader of the Senate, $16,000 each; 
4the
majority leader in the House of Representatives $13,500;
5 
5assistant
majority leaders and 5 assistant minority leaders in 
6the Senate,
$12,000
each; 6 assistant majority leaders and 6 
7assistant minority leaders in
the House of Representatives, 
8$10,500 each; 2 Deputy
Majority leaders in the House of 
9Representatives $11,500 each; and 2 Deputy
Minority leaders in 
10the House of Representatives, $11,500 each; the majority

11caucus chairman and minority caucus chairman in the Senate, 
12$12,000 each;
and beginning the second Wednesday in January, 
131989, the majority
conference chairman and the minority 
14conference chairman
in the House of Representatives, $10,500 
15each; beginning
the second Wednesday in January, 1989, the 
16chairman and minority spokesman
of each standing committee of 
17the Senate, except the Rules Committee, the
Committee on 
18Committees, and the Committee on Assignment of Bills, $6,000

19each; and beginning the second Wednesday in January, 1989, the 
20chairman and
minority spokesman of each standing and select 
21committee of the House of
Representatives, $6,000 each; and 
22beginning fiscal year 2020, the majority leader in the Senate, 
23an amount equal to the majority leader in the House. For any 
24General Assembly in which the majority party in the House of 
25Representatives has 71 or more elected Representatives, the 
26majority party shall have one additional majority officer who 
 
 
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1shall have the title of speaker pro tempore and who shall 
2receive an amount equal to the majority leader in the House and 
3one majority officer who shall receive an amount equal to an 
4assistant majority leader in the House of Representatives. For 
5any General Assembly in which the majority party in the Senate 
6has 36 or more elected Senators, the majority party shall have 
7one additional majority officer who shall receive an amount 
8equal to the majority leader in the House and one majority 
9officer who shall receive an amount equal to an assistant 
10majority leader in the Senate. A member who serves in more than 
11one
position as an officer, committee chairman, or committee 
12minority spokesman
shall receive only one additional amount 
13based on the position paying the
highest additional amount. 
14Prior to the 103rd General Assembly, the
compensation provided 
15for in this Section to be paid per year to members
of the 
16General Assembly, including the additional sums payable per 
17year
to officers of the General Assembly shall be paid in 12 
18equal monthly
installments. The first such installment is 
19payable on January 31,
1977. All subsequent equal monthly 
20installments are payable on the last
working day of the month. 
21Prior to the 103rd General Assembly, a member who has held 
22office any part of a
month is entitled to compensation for an 
23entire month.
24 Beginning with the 103rd General Assembly, the 
25compensation provided for in this Section to be paid per year 
26to members of the General Assembly, including additional sums 
 
 
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1payable per year to officers of the General Assembly, shall be 
2paid bi-monthly. Members who resign before completing the 
3entire term in office shall be compensated on a prorated 
4basis. Members completing the term of a vacancy shall be 
5compensated on a prorated basis. 
6 Mileage shall be paid at the rate of 20 cents per mile 
7before January
9, 1985, and at the mileage allowance rate in 
8effect under regulations
promulgated pursuant to 5 U.S.C. 
95707(b)(2) beginning January 9, 1985, for the number
of actual 
10highway miles necessarily and conveniently traveled by the

11most feasible route to be present upon convening of the 
12sessions of the
General Assembly by such member in each and 
13every trip during each
session in going to and returning from 
14the seat of government, to be
computed by the Comptroller. A 
15member traveling by public
transportation for such purposes, 
16however, shall be paid his actual cost
of that transportation 
17instead of on the mileage rate if his cost of
public 
18transportation exceeds the amount to which he would be 
19entitled
on a mileage basis. No member may be paid, whether on 
20a mileage basis
or for actual costs of public transportation, 
21for more than one such
trip for each week the General Assembly 
22is actually in session. Each
member shall also receive an 
23allowance of $36 per day for lodging and
meals while in 
24attendance at sessions
of the General Assembly before January 
259, 1985; beginning January 9,
1985, such food and lodging 
26allowance shall be equal to the amount per day
permitted to be 
 
 
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1deducted for such expenses under the Internal Revenue Code;

2however, beginning May 31, 1995, no allowance for food and 
3lodging while in
attendance at sessions is authorized for 
4periods of time after the last day in
May of each calendar 
5year, except (i) if the General Assembly is convened in

6special session by either the Governor or the presiding 
7officers of both
houses, as provided by subsection (b) of 
8Section 5 of Article IV of the
Illinois Constitution or (ii) if 
9the
General Assembly is convened to consider bills vetoed, 
10item vetoed, reduced, or
returned with specific 
11recommendations for change by the Governor as provided
in 
12Section 9 of Article IV of the Illinois Constitution. For 
13fiscal year 2011 and for session days in fiscal years 2012, 
142013, 2014, 2015, 2016, 2017, 2018, and 2019 only (i) the 
15allowance for lodging and meals is $111 per day and (ii) 
16mileage for automobile travel shall be reimbursed at a rate of 
17$0.39 per mile. 
18 Notwithstanding any other provision of law to the 
19contrary, beginning in fiscal year 2012, travel reimbursement 
20for
General Assembly members on non-session days shall be

21calculated using the guidelines set forth by the Legislative

22Travel Control Board, except that fiscal year 2012, 2013, 
232014, 2015, 2016, 2017, 2018, and 2019 mileage reimbursement 
24is set at a rate of $0.39 per mile. 
25 If a member dies having received only a portion of the 
26amount payable
as compensation, the unpaid balance shall be 
 
 
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1paid to the surviving
spouse of such member, or, if there be 
2none, to the estate of such member.
3(Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21; 
4102-664, eff. 1-1-22.)

5
ARTICLE 40


6 Section 40-5. The Legislative Materials Act is amended by 
7changing Section 1 as follows:




8 (25 ILCS 105/1) (from Ch. 63, par. 801)



9 Sec. 1. Fees. 

10 (a) The Clerk of the House of Representatives may 
11establish a
schedule of reasonable fees to be charged for 
12providing
copies of daily and bound journals, committee 
13documents, committee tape
recordings, transcripts of committee 
14proceedings, and committee notices, for
providing copies of 
15bills on a continuing or individual basis, and for
providing 
16tape recordings and transcripts of floor debates and other

17proceedings of the House.

18 (b) The Secretary of the Senate may establish a schedule 
19of reasonable
fees to be charged for providing copies of daily 
20and bound
journals, committee notices, for providing copies of 
21bills on a continuing or
individual basis, and for providing 
22tape recordings and transcripts of floor
debates and other 
23proceedings of the Senate.

 
 
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1 (c) The Clerk of the House of Representatives and the 
2Secretary of the
Senate may establish a schedule of reasonable 
3fees to be charged for providing
live audio of floor debates 
4and other proceedings of the House of
Representatives and the 
5Senate. The Clerk and the Secretary shall have
complete 
6discretion over the distribution of live audio under this 
7subsection
(c), including discretion over the conditions under 
8which live audio shall be
distributed, except that live audio 
9shall be distributed to the General
Assembly and its staffs. 
10Nothing in this subsection (c) shall be construed to
create an 
11obligation on the part of the Clerk or Secretary to provide 
12live
audio to any person or entity other than to the General 
13Assembly and its
staffs.

14 (c-5) The Clerk of the House of Representatives, to the 
15extent authorized
by the House Rules, and the Secretary of the 
16Senate, to the extent authorized by the Rules of the Senate, 
17may establish a schedule of reasonable fees to be charged
to 
18members for the preparation, filing, and reproduction of 
19non-substantive
resolutions.

20 (c-10) Through December 31, 2010, the Clerk of the House 
21of
Representatives may sell to a member of the House of 
22Representatives one or
more of the chairs that comprise member 
23seating in the House chamber. The
Clerk must charge the 
24original cost of the chairs.

25 (c-15) Through December 31, 2010, the Secretary of the 
26Senate may sell to
a member of the Senate one or more of the 
 
 
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1chairs that comprise member seating
in the Senate chamber. The 
2Secretary must charge the original cost of the
chairs.

3 (d) Receipts from all fees and charges established under 
4this
Section shall be deposited by the
Clerk and the Secretary 
5into the General Assembly
Operations Revolving Fund, a special 
6fund in the State treasury. Amounts in
the Fund may be 
7appropriated for the operations of the offices of the Clerk
of 
8the House of Representatives and the Secretary of the Senate, 
9including
the replacement of items sold under subsections 
10(c-10) and (c-15).

11(Source: P.A. 95-21, eff. 8-3-07.)


12
ARTICLE 99


13 Section 99-997. Severability. The provisions of this Act 
14are severable under Section 1.31 of the Statute on Statutes.


15 Section 99-999. Effective date. This Act takes effect upon 
16becoming law, except that Section 5-27 takes effect upon 
17becoming law or on the date House Bill 4285 of the 102nd 
18General Assembly takes effect, whichever is later and Section 
195-36 takes effect July 1, 2024.".