Sen. Elgie R. Sims, Jr.
Filed: 5/25/2023
 
 


 




10300HB3817sam002LRB103 30519 JDS 62533 a



1
AMENDMENT TO HOUSE BILL 3817




2 AMENDMENT NO. ______. Amend House Bill 3817, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


5
"ARTICLE 1. 


6 Section 1-1. Short Title. This Act may be cited as the FY 
72024 Budget Implementation Act.

8 Section 1-5. Purpose. It is the purpose of this Act to make 
9changes in State programs that are necessary to implement the 
10State budget for Fiscal Year 2024.

11
ARTICLE 3. 


12 Section 3-5. Short title. This Article may be cited as the 
13Council of State Governments Act. As used in this Article, 
 
 
10300HB3817sam002- 2 -LRB103 30519 JDS 62533 a


1"this Act" refers to this Article.

2 Section 3-10. Participation in Council of State 
3Governments. The majority and minority leadership of the 
4Senate and the House of Representatives, as well as members of 
5appropriate legislative committees and commissions, as 
6determined by such leadership, may annually attend appropriate 
7meetings of the Council of State Governments as 
8representatives of the General Assembly of the State of 
9Illinois and may pay such annual membership fee as may be 
10required to maintain membership in that organization.

11
ARTICLE 5. 


12 Section 5-5. The State Employees Group Insurance Act of 
131971 is amended by changing Sections 6.9 and 6.10 as follows:




14 (5 ILCS 375/6.9)



15 Sec. 6.9. Health benefits for community college benefit 
16recipients and
community college dependent beneficiaries.
17 (a) Purpose. It is the purpose of this amendatory Act of 
181997 to establish
a uniform program of health benefits for 
19community college benefit recipients
and their dependent 
20beneficiaries under the administration of the Department of

21Central Management Services.

22 (b) Creation of program. Beginning July 1, 1999, the 
 
 
10300HB3817sam002- 3 -LRB103 30519 JDS 62533 a


1Department of
Central Management Services shall be responsible 
2for administering a program of
health benefits for community 
3college benefit recipients and community college
dependent 
4beneficiaries under this Section. The State Universities 
5Retirement
System and the boards of trustees of the various 
6community college districts
shall cooperate with the 
7Department in this endeavor.

8 (c) Eligibility. All community college benefit recipients 
9and community
college dependent beneficiaries shall be 
10eligible to participate in the program
established under this 
11Section, without any interruption or delay in coverage
or 
12limitation as to pre-existing medical conditions. Eligibility 
13to
participate shall be determined by the State Universities 
14Retirement System.
Eligibility information shall be 
15communicated to the Department of Central
Management Services 
16in a format acceptable to the Department.

17 Eligible community college benefit recipients may enroll 
18or re-enroll in the program of health benefits established 
19under this Section during any applicable annual open 
20enrollment period and as otherwise permitted by the Department 
21of Central Management Services. A community college benefit 
22recipient shall not be deemed ineligible to participate solely 
23by reason of the community college benefit recipient having 
24made a previous election to disenroll or otherwise not 
25participate in the program of health benefits. 
26 (d) Coverage. The health benefit coverage provided under 
 
 
10300HB3817sam002- 4 -LRB103 30519 JDS 62533 a


1this Section
shall be a program of health, dental, and vision 
2benefits.

3 The program of health benefits under this Section may 
4include any or all of
the benefit limitations, including but 
5not limited to a reduction in benefits
based on eligibility 
6for federal Medicare benefits, that are provided under

7subsection (a) of Section 6 of this Act for other health 
8benefit programs under
this Act.

9 (e) Insurance rates and premiums. The Director shall 
10determine the
insurance rates and premiums for community 
11college benefit recipients and
community college dependent 
12beneficiaries and shall present to the State Universities 
13Retirement System, by April 15 of each calendar year, the 
14rate-setting methodology (including, but not limited to, 
15utilization levels and costs) used to determine the insurance 
16rates and premiums. Rates and premiums may be based
in part on 
17age and eligibility for federal Medicare coverage.
The 
18Director shall also determine premiums that will allow for the

19establishment of an actuarially sound reserve for this 
20program.

21 The cost of health benefits under the program shall be 
22paid as follows:

23  (1) For a community college benefit recipient, up to 
24 75% of the total
insurance rate shall be paid from the 
25 Community College Health Insurance
Security Fund.

26  (2) The balance of the rate of insurance, including 
 
 
10300HB3817sam002- 5 -LRB103 30519 JDS 62533 a


1 the entire premium
for any coverage for community college 
2 dependent beneficiaries that has been
elected, shall be 
3 paid by deductions authorized by the community college

4 benefit recipient to be withheld from his or her monthly 
5 annuity or benefit
payment from the State Universities 
6 Retirement System; except that (i) if the
balance of the 
7 cost of coverage exceeds the amount of the monthly annuity 
8 or
benefit payment, the difference shall be paid directly 
9 to the State
Universities Retirement System by the 
10 community college benefit recipient, and
(ii) all or part 
11 of the balance of the cost of coverage may, at the option 
12 of
the board of trustees of the community college 
13 district, be paid to
the State Universities Retirement 
14 System by the board of the community college
district from 
15 which the community college benefit recipient retired. The 
16 State
Universities Retirement System shall promptly 
17 deposit all moneys withheld by or
paid to it under this 
18 subdivision (e)(2) into the Community College Health

19 Insurance Security Fund. These moneys shall not be 
20 considered assets of the
State Universities Retirement 
21 System.

22 (f) Financing. All revenues arising from the 
23administration of the health
benefit program established under 
24this Section shall be deposited into the
Community College 
25Health Insurance Security Fund, which is hereby created as a

26nonappropriated trust fund to be held outside the State 
 
 
10300HB3817sam002- 6 -LRB103 30519 JDS 62533 a


1Treasury, with the
State Treasurer as custodian. Any interest 
2earned on moneys in the Community
College Health Insurance 
3Security Fund shall be deposited into the Fund.

4 Moneys in the Community College Health Insurance Security 
5Fund shall be used
only to pay the costs of the health benefit 
6program established under this
Section, including associated 
7administrative costs and the establishment of a
program 
8reserve. Beginning January 1, 1999,
the Department of Central 
9Management Services may make expenditures from the
Community 
10College Health Insurance Security Fund for those costs.

11 (g) Contract for benefits. The Director shall by contract, 
12self-insurance,
or otherwise make available the program of 
13health benefits for community
college benefit recipients and 
14their community college dependent beneficiaries
that is 
15provided for in this Section. The contract or other 
16arrangement for
the provision of these health benefits shall 
17be on terms deemed by the Director
to be in the best interest 
18of the State of Illinois and the community college
benefit 
19recipients based on, but not limited to, such criteria as

20administrative cost, service capabilities of the carrier or 
21other contractor,
and the costs of the benefits.

22 (h) Continuation of program. It is the intention of the 
23General Assembly
that the program of health benefits provided 
24under this Section be maintained
on an ongoing, affordable 
25basis. The program of health benefits provided under
this 
26Section may be amended by the State and is not intended to be a 
 
 
10300HB3817sam002- 7 -LRB103 30519 JDS 62533 a


1pension or
retirement benefit subject to protection under 
2Article XIII, Section 5 of the
Illinois Constitution.

3 (i) Other health benefit plans. A health benefit plan 
4provided by a
community college district (other than a 
5community college district subject to
Article VII of the 
6Public Community College Act) under the terms of a
collective 
7bargaining agreement in effect on or prior to the effective 
8date of
this amendatory Act of 1997 shall continue in force 
9according to the terms of
that agreement, unless otherwise 
10mutually agreed by the parties to that
agreement and the 
11affected retiree.
A community college benefit recipient or 
12community college dependent
beneficiary whose coverage under 
13such a plan expires shall be eligible to begin
participating 
14in the program established under this Section without any

15interruption or delay in coverage or limitation as to 
16pre-existing medical
conditions.

17 This Act does not prohibit any community college district 
18from offering
additional health benefits for its retirees or 
19their dependents or survivors.

20 (j) Committee. A Community College Insurance Program 
21Committee shall be established and shall consist of the 
22following 7 members who are appointed by the Governor: 2 
23members who represent organized labor and are each members of 
24different unions; one member who represents community college 
25retirees; one member who represents community college 
26trustees; one member who represents community college 
 
 
10300HB3817sam002- 8 -LRB103 30519 JDS 62533 a


1presidents; one member who represents the Illinois Community 
2College Board; and one ex officio member who represents the 
3State Universities Retirement System. The Department of 
4Central Management Services shall provide administrative 
5support to the Committee. The Committee shall convene at least 
64 times each year and shall review and make recommendations on 
7program contribution rates once the program is forecasted to 
8have satisfied the outstanding program debt existing on June 
930, 2023 and is operating on a no-hold payment cycle. 
10(Source: P.A. 100-1017, eff. 8-21-18.)





11 (5 ILCS 375/6.10)


12 Sec. 6.10. Contributions to the Community College Health 
13Insurance
Security Fund.
14 (a) Beginning January 1, 1999 and through June 30, 2023, 
15every active contributor of the State
Universities Retirement 
16System (established under Article 15 of the Illinois
Pension 
17Code) who (1) is a full-time employee of a community college 
18district
(other than a community college district subject to 
19Article VII of the Public
Community College Act)
or an 
20association of community college boards and (2) is not an 
21employee as
defined in Section 3 of this Act shall make 
22contributions toward the cost of
community college annuitant 
23and survivor health benefits at the rate of 0.50%
of salary. 
24Beginning July 1, 2023 and through June 30, 2024, the 
25contribution rate shall be 0.75% of salary. Beginning July 1, 
 
 
10300HB3817sam002- 9 -LRB103 30519 JDS 62533 a


12024 and through June 30, 2026, the contribution rate shall be 
2a percentage of salary to be determined by the Department of 
3Central Management Services, which in each fiscal year shall 
4not exceed a 0.1 percentage point increase in the amount of 
5salary actually required to be contributed for the previous 
6fiscal year. Beginning July 1, 2026, the contribution rate 
7shall be a percentage of salary to be determined by the 
8Department of Central Management Services, which in each 
9fiscal year shall not exceed 105% of the percentage of salary 
10actually required to be contributed for the previous fiscal 
11year. 

12 These contributions shall be deducted by the employer and 
13paid to the State
Universities Retirement System as service 
14agent for the Department of Central
Management Services. The 
15System may use the same processes for collecting the

16contributions required by this subsection that it uses to 
17collect the
contributions received from those employees under 
18Section 15-157 of the
Illinois Pension Code. An employer may 
19agree to pick up or pay the
contributions required under this 
20subsection on behalf of the employee;
such contributions shall 
21be deemed to have been paid by the employee.

22 The State Universities Retirement System shall promptly 
23deposit all moneys
collected under this subsection (a) into 
24the Community College Health Insurance
Security Fund created 
25in Section 6.9 of this Act. The moneys collected under
this 
26Section shall be used only for the purposes authorized in 
 
 
10300HB3817sam002- 10 -LRB103 30519 JDS 62533 a


1Section 6.9 of
this Act and shall not be considered to be 
2assets of the State Universities
Retirement System. 
3Contributions made under this Section are not transferable
to 
4other pension funds or retirement systems and are not 
5refundable upon
termination of service.

6 (b) Beginning January 1, 1999 and through June 30, 2023, 
7every community college district
(other than a community 
8college district subject to Article VII of the Public

9Community College Act) or association
of community college 
10boards that is an employer under the State Universities

11Retirement System shall contribute toward the cost of the 
12community college
health benefits provided under Section 6.9 
13of this Act an amount equal to 0.50%
of the salary paid to its 
14full-time employees who participate in the State
Universities 
15Retirement System and are not members as defined in Section 3 
16of
this Act. Beginning July 1, 2023 and through June 30, 2024, 
17the contribution rate shall be 0.75% of the salary. Beginning 
18July 1, 2024 and through June 30, 2026, the contribution rate 
19shall be a percentage of salary to be determined by the 
20Department of Central Management Services, which in each 
21fiscal year shall not exceed a 0.1 percentage point increase 
22in the amount of salary actually required to be contributed 
23for the previous fiscal year. Beginning July 1, 2026, the 
24contribution rate shall be a percentage of salary to be 
25determined by the Department of Central Management Services, 
26which in each fiscal year shall not exceed 105% of the 
 
 
10300HB3817sam002- 11 -LRB103 30519 JDS 62533 a


1percentage of salary actually required to be contributed for 
2the previous fiscal year. 

3 These contributions shall be paid by the employer to the 
4State Universities
Retirement System as service agent for the 
5Department of Central Management
Services. The System may use 
6the same processes for collecting the
contributions required 
7by this subsection that it uses to collect the
contributions 
8received from those employers under Section 15-155 of the

9Illinois Pension Code.

10 The State Universities Retirement System shall promptly 
11deposit all moneys
collected under this subsection (b) into 
12the Community College Health Insurance
Security Fund created 
13in Section 6.9 of this Act. The moneys collected under
this 
14Section shall be used only for the purposes authorized in 
15Section 6.9 of
this Act and shall not be considered to be 
16assets of the State Universities
Retirement System. 
17Contributions made under this Section are not transferable
to 
18other pension funds or retirement systems and are not 
19refundable upon
termination of service.

20 The Department of Central Management Services, or any 
21successor agency designated to procure healthcare contracts 
22pursuant to this Act, is authorized to establish funds, 
23separate accounts provided by any bank or banks as defined by 
24the Illinois Banking Act, or separate accounts provided by any 
25savings and loan association or associations as defined by the 
26Illinois Savings and Loan Act of 1985 to be held by the 
 
 
10300HB3817sam002- 12 -LRB103 30519 JDS 62533 a


1Director, outside the State treasury, for the purpose of 
2receiving the transfer of moneys from the Community College 
3Health Insurance Security Fund. The Department may promulgate 
4rules further defining the methodology for the transfers. Any 
5interest earned by moneys in the funds or accounts shall inure 
6to the Community College Health Insurance Security Fund. The 
7transferred moneys, and interest accrued thereon, shall be 
8used exclusively for transfers to administrative service 
9organizations or their financial institutions for payments of 
10claims to claimants and providers under the self-insurance 
11health plan. The transferred moneys, and interest accrued 
12thereon, shall not be used for any other purpose including, 
13but not limited to, reimbursement of administration fees due 
14the administrative service organization pursuant to its 
15contract or contracts with the Department.

16 (c) On or before November 15 of each year, the Board of 
17Trustees of the
State Universities Retirement System shall 
18certify to the Governor, the
Director of Central Management 
19Services, and the State
Comptroller its estimate of the total 
20amount of contributions to be paid under
subsection (a) of 
21this Section for the next fiscal year. Beginning in fiscal 
22year 2008, the amount certified shall be decreased or 
23increased each year by the amount that the actual active 
24employee contributions either fell short of or exceeded the 
25estimate used by the Board in making the certification for the 
26previous fiscal year. The State Universities Retirement System 
 
 
10300HB3817sam002- 13 -LRB103 30519 JDS 62533 a


1shall calculate the amount of actual active employee 
2contributions in fiscal years 1999 through 2005. Based upon 
3this calculation, the fiscal year 2008 certification shall 
4include an amount equal to the cumulative amount that the 
5actual active employee contributions either fell short of or 
6exceeded the estimate used by the Board in making the 
7certification for those fiscal years. The certification
shall 
8include a detailed explanation of the methods and information 
9that the
Board relied upon in preparing its estimate. As soon 
10as possible after the
effective date of this Section, the 
11Board shall submit its estimate for fiscal
year 1999.

12 On or after the effective date of this amendatory Act of 
13the 103rd General Assembly, but no later than June 30, 2023, 
14the Board shall recalculate and recertify to the Governor, the 
15Director of Central Management Services, and the State 
16Comptroller its estimate of the total amount of contributions 
17to be paid under subsection (a) for State fiscal year 2024, 
18taking into account the changes in required employee 
19contributions made by this amendatory Act of the 103rd General 
20Assembly. 
21 (d) Beginning in fiscal year 1999, on the first day of each 
22month, or as
soon thereafter as may be practical, the State 
23Treasurer and the State
Comptroller shall transfer from the 
24General Revenue Fund to the Community
College Health Insurance 
25Security Fund 1/12 of the annual amount appropriated
for that 
26fiscal year to the State Comptroller for deposit into the 
 
 
10300HB3817sam002- 14 -LRB103 30519 JDS 62533 a


1Community
College Health Insurance Security Fund under Section 
21.4 of the State Pension
Funds Continuing Appropriation Act.

3 (e) Except where otherwise specified in this Section, the 
4definitions
that apply to Article 15 of the Illinois Pension 
5Code apply to this Section.

6(Source: P.A. 98-488, eff. 8-16-13.)


7 Section 5-15. The State Treasurer Act is amended by 
8changing Section 16.8 as follows:

9 (15 ILCS 505/16.8)
10 Sec. 16.8. Illinois Higher Education Savings Program.
11 (a) Definitions. As used in this Section:
12 "Beneficiary" means an eligible child named as a recipient 
13of seed funds.
14 "Eligible child" means a child born or adopted after 
15December 31, 2022, to a parent who is a resident of Illinois at 
16the time of the birth or adoption, as evidenced by 
17documentation received by the Treasurer from the Department of 
18Revenue, the Department of Public Health, or another State or 
19local government agency.
20 "Eligible educational institution" means institutions that 
21are described in Section 1001 of the federal Higher Education 
22Act of 1965 that are eligible to participate in Department of 
23Education student aid programs.
24 "Fund" means the Illinois Higher Education Savings Program 
 
 
10300HB3817sam002- 15 -LRB103 30519 JDS 62533 a


1Fund.
2 "Omnibus account" means the pooled collection of seed 
3funds owned and managed by the State Treasurer in the College 
4Savings Pool under this Act.
5 "Program" means the Illinois Higher Education Savings 
6Program.
7 "Qualified higher education expense" means the following: 
8(i) tuition, fees, and the costs of books, supplies, and 
9equipment required for enrollment or attendance at an eligible 
10educational institution; (ii) expenses for special needs 
11services, in the case of a special needs beneficiary, which 
12are incurred in connection with such enrollment or attendance; 
13(iii) certain expenses for the purchase of computer or 
14peripheral equipment, computer software, or Internet access 
15and related services as defined under Section 529 of the 
16Internal Revenue Code; (iv) room and board expenses incurred 
17while attending an eligible educational institution at least 
18half-time; (v) expenses for fees, books, supplies, and 
19equipment required for the participation of a designated 
20beneficiary in an apprenticeship program registered and 
21certified with the Secretary of Labor under the National 
22Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as 
23principal or interest on any qualified education loan of the 
24designated beneficiary or a sibling of the designated 
25beneficiary, as allowed under Section 529 of the Internal 
26Revenue Code.
 
 
10300HB3817sam002- 16 -LRB103 30519 JDS 62533 a


1 "Seed funds" means the deposit made by the State Treasurer 
2into the Omnibus Accounts for Program beneficiaries.
3 (b) Program established. The State Treasurer shall 
4establish the Illinois Higher Education Savings Program as a 
5part of the College Savings Pool under Section 16.5 of this 
6Act, subject to appropriation by the General Assembly. The 
7State Treasurer shall administer the Program for the purposes 
8of expanding access to higher education through savings.
9 (c) Program enrollment. The State Treasurer shall enroll 
10all eligible children in the Program beginning in 2023, after 
11receiving records of recent births, adoptions, or dependents 
12from the Department of Revenue, the Department of Public 
13Health, or another State or local government agency designated 
14by the Treasurer. Notwithstanding any court order which would 
15otherwise prevent the release of information, the Department 
16of Public Health is authorized to release the information 
17specified under this subsection (c) to the State Treasurer for 
18the purposes of the Program established under this Section.
19  (1) Beginning in 2021, the Department of Public Health 
20 shall provide the State Treasurer with information on 
21 recent Illinois births and adoptions including, but not 
22 limited to: the full name, residential address, birth 
23 date, and birth record number of the child and the full 
24 name and residential address of the child's parent or 
25 legal guardian for the purpose of enrolling eligible 
26 children in the Program. This data shall be provided to 
 
 
10300HB3817sam002- 17 -LRB103 30519 JDS 62533 a


1 the State Treasurer by the Department of Public Health on 
2 a quarterly basis, no later than 30 days after the end of 
3 each quarter, or some other date and frequency as mutually 
4 agreed to by the State Treasurer and the Department of 
5 Public Health.
6  (1.5) Beginning in 2021, the Department of Revenue 
7 shall provide the State Treasurer with information on tax 
8 filers claiming dependents or the adoption tax credit 
9 including, but not limited to: the full name, residential 
10 address, email address, phone number, birth date, and 
11 social security number or taxpayer identification number 
12 of the dependent child and of the child's parent or legal 
13 guardian for the purpose of enrolling eligible children in 
14 the Program. This data shall be provided to the State 
15 Treasurer by the Department of Revenue on at least an 
16 annual basis, by July 1 of each year or another date 
17 jointly determined by the State Treasurer and the 
18 Department of Revenue. Notwithstanding anything to the 
19 contrary contained within this paragraph (2), the 
20 Department of Revenue shall not be required to share any 
21 information that would be contrary to federal law, 
22 regulation, or Internal Revenue Service Publication 1075. 
23  (2) The State Treasurer shall ensure the security and 
24 confidentiality of the information provided by the 
25 Department of Revenue, the Department of Public Health, or 
26 another State or local government agency, and it shall not 
 
 
10300HB3817sam002- 18 -LRB103 30519 JDS 62533 a


1 be subject to release under the Freedom of Information 
2 Act.
3  (3) Information provided under this Section shall only 
4 be used by the State Treasurer for the Program and shall 
5 not be used for any other purpose.
6  (4) The State Treasurer and any vendors working on the 
7 Program shall maintain strict confidentiality of any 
8 information provided under this Section, and shall 
9 promptly provide written or electronic notice to the 
10 providing agency of any security breach. The providing 
11 State or local government agency shall remain the sole and 
12 exclusive owner of information provided under this 
13 Section.
14 (d) Seed funds. After receiving information on recent 
15births, adoptions, or dependents from the Department of 
16Revenue, the Department of Public Health, or another State or 
17local government agency, the State Treasurer shall make 
18deposits into an omnibus account on behalf of eligible 
19children. The State Treasurer shall be the owner of the 
20omnibus accounts.
21  (1) Deposit amount. The seed fund deposit for each 
22 eligible child shall be in the amount of $50. This amount 
23 may be increased by the State Treasurer by rule. The State 
24 Treasurer may use or deposit funds appropriated by the 
25 General Assembly together with moneys received as gifts, 
26 grants, or contributions into the Fund. If insufficient 
 
 
10300HB3817sam002- 19 -LRB103 30519 JDS 62533 a


1 funds are available in the Fund, the State Treasurer may 
2 reduce the deposit amount or forego deposits.
3  (2) Use of seed funds. Seed funds, including any 
4 interest, dividends, and other earnings accrued, will be 
5 eligible for use by a beneficiary for qualified higher 
6 education expenses if:
7   (A) the parent or guardian of the eligible child 
8 claimed the seed funds for the beneficiary by the 
9 beneficiary's 10th birthday;
10   (B) the beneficiary has completed secondary 
11 education or has reached the age of 18; and
12   (C) the beneficiary is currently a resident of the 
13 State of Illinois. Non-residents are not eligible to 
14 claim or use seed funds.
15  (3) Notice of seed fund availability. The State 
16 Treasurer shall make a good faith effort to notify 
17 beneficiaries and their parents or legal guardians of the 
18 seed funds' availability and the deadline to claim such 
19 funds.
20  (4) Unclaimed seed funds. Seed funds and any interest 
21 earnings that are unclaimed by the beneficiary's 10th 
22 birthday or unused by the beneficiary's 26th birthday will 
23 be considered forfeited. Unclaimed and unused seed funds 
24 and any interest earnings will remain in the omnibus 
25 account for future beneficiaries.
26 (e) Financial education. The State Treasurer may develop 
 
 
10300HB3817sam002- 20 -LRB103 30519 JDS 62533 a


1educational materials that support the financial literacy of 
2beneficiaries and their legal guardians, and may do so in 
3collaboration with State and federal agencies, including, but 
4not limited to, the Illinois State Board of Education and 
5existing nonprofit agencies with expertise in financial 
6literacy and education.
7 (f) Supplementary deposits and partnerships. The State 
8Treasurer may make supplementary deposits to children in 
9financially insecure households if sufficient funds are 
10available. Furthermore, the State Treasurer may develop 
11partnerships with private, nonprofit, or governmental 
12organizations to provide additional savings incentives, 
13including conditional cash transfers or matching contributions 
14that provide a savings incentive based on specific actions 
15taken or other criteria.
16 (g) Illinois Higher Education Savings Program Fund. The 
17Illinois Higher Education Savings Program Fund is hereby 
18established as a special fund in the State treasury. The Fund 
19shall be the official repository of all contributions, 
20appropriated funds, interest, and dividend payments, gifts, or 
21other financial assets received by the State Treasurer in 
22connection with the operation of the Program or related 
23partnerships. All such moneys shall be deposited into in the 
24Fund and held by the State Treasurer as custodian thereof. The 
25State Treasurer may accept gifts, grants, awards, matching 
26contributions, interest income, and appropriated funds from 
 
 
10300HB3817sam002- 21 -LRB103 30519 JDS 62533 a


1individuals, businesses, governments, and other third-party 
2sources to implement the Program on terms that the Treasurer 
3deems advisable. All interest or other earnings accruing or 
4received on amounts in the Illinois Higher Education Savings 
5Program Fund shall be credited to and retained by the Fund and 
6used for the benefit of the Program. Assets of the Fund must at 
7all times be preserved, invested, and expended only for the 
8purposes of the Program and must be held for the benefit of the 
9beneficiaries. Assets may not be transferred or used by the 
10State or the State Treasurer for any purposes other than the 
11purposes of the Program. In addition, no moneys, interest, or 
12other earnings paid into the Fund shall be used, temporarily 
13or otherwise, for inter-fund borrowing or be otherwise used or 
14appropriated except as expressly authorized by this Act. 
15Notwithstanding the requirements of this subsection (g), 
16amounts in the Fund may be used by the State Treasurer to pay 
17the administrative costs of the Program.
18 (g-5) Fund deposits and payments. On July 15 of each year, 
19beginning July 15, 2023, or as soon thereafter as practical, 
20the State Comptroller shall direct and the State Treasurer 
21shall transfer the sum of $2,500,000, or the amount that is 
22appropriated annually by the General Assembly, whichever is 
23greater, from the General Revenue Fund to the Illinois Higher 
24Education Savings Program Fund to be used for the 
25administration and operation of the Program. 
26 (h) Audits and reports. The State Treasurer shall include 
 
 
10300HB3817sam002- 22 -LRB103 30519 JDS 62533 a


1the Illinois Higher Education Savings Program as part of the 
2audit of the College Savings Pool described in Section 16.5. 
3The State Treasurer shall annually prepare a report that 
4includes a summary of the Program operations for the preceding 
5fiscal year, including the number of children enrolled in the 
6Program, the total amount of seed fund deposits, the rate of 
7seed deposits claimed, and, to the extent data is reported and 
8available, the racial, ethnic, socioeconomic, and geographic 
9data of beneficiaries and of children in financially insecure 
10households who may receive automatic bonus deposits. Such 
11other information that is relevant to make a full disclosure 
12of the operations of the Program and Fund may also be reported. 
13The report shall be made available on the Treasurer's website 
14by January 31 each year, starting in January of 2024. The State 
15Treasurer may include the Program in other reports as 
16warranted.
17 (i) Rules. The State Treasurer may adopt rules necessary 
18to implement this Section.

19(Source: P.A. 101-466, eff. 1-1-20; 102-129, eff. 7-23-21; 
20102-558, eff. 8-20-21; 102-1047, eff. 1-1-23.)

21 Section 5-16. The Community Development Loan Guarantee Act 
22is amended by changing Section 30-35 and by adding Section 
2330-36 as follows:

24 (15 ILCS 516/30-35)

 
 
10300HB3817sam002- 23 -LRB103 30519 JDS 62533 a


1 Sec. 30-35. Limitations on funding. The State Treasurer 
2may allocate use up to $10,000,000 of investment earnings each 
3year for the Loan Guarantee Program, provided that no more 
4than $50,000,000 may be used for guaranteeing loans at any 
5given time. The State Treasurer shall make the allocation to 
6the Loan Guarantee Administrative Trust Fund prior to 
7allocating interest from the gross earnings of the State 
8investment portfolio. 

9(Source: P.A. 101-657, eff. 3-23-21.)

10 (15 ILCS 516/30-36 new)
11 Sec. 30-36. Loan Guarantee Administrative Trust Fund. The 
12Loan Guarantee Administrative Trust Fund is created as a 
13nonappropriated trust fund within the State treasury. Moneys 
14in the Fund may be used by the State Treasurer to guarantee 
15loans and to cover administrative expenses related to the 
16Program. The Fund may receive any grants or other moneys 
17designated for administrative purposes from the State, from 
18any unit of federal, State, or local government, or from any 
19other person, firm, partnership, or corporation.

20 Section 5-17. The Substance Use Disorder Act is amended by 
21changing Section 5-10 as follows:



22 (20 ILCS 301/5-10)


23 Sec. 5-10. Functions of the Department. 

 
 
10300HB3817sam002- 24 -LRB103 30519 JDS 62533 a


1 (a) In addition to the powers, duties and functions vested 
2in the Department
by this Act, or by other laws of this State, 
3the Department shall carry out the
following activities:

4  (1) Design, coordinate and fund comprehensive

5 community-based and culturally and gender-appropriate 
6 services
throughout the State. These services must include

7 prevention, early intervention, treatment, and other

8 recovery support services for substance use disorders that

9 are accessible and address addresses the needs of at-risk

10 individuals and their families.

11  (2) Act as the exclusive State agency to accept, 
12 receive and expend,
pursuant to appropriation, any public 
13 or private monies, grants or services,
including those 
14 received from the federal government or from other State

15 agencies, for the purpose of providing prevention, early

16 intervention, treatment, and other recovery support

17 services for substance use disorders.

18  (2.5) In partnership with the Department of Healthcare 
19 and Family Services, act as one of the principal State 
20 agencies for the sole purpose of calculating the 
21 maintenance of effort requirement under Section 1930 of 
22 Title XIX, Part B, Subpart II of the Public Health Service 
23 Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR 
24 96.134). 
25  (3) Coordinate a statewide strategy for the

26 prevention, early intervention,
treatment, and recovery 
 
 
10300HB3817sam002- 25 -LRB103 30519 JDS 62533 a


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

26 interested citizens.

 
 
10300HB3817sam002- 26 -LRB103 30519 JDS 62533 a


1  The plan
developed under this Section shall include an 
2 explanation of the rationale to
be used in ensuring that 
3 funding shall be based upon local community needs,

4 including, but not limited to, the incidence and 
5 prevalence of, and costs
associated with, substance use

6 disorders, as
well as upon demonstrated program 
7 performance.

8  The plan developed under this Section shall
also 
9 contain a report detailing the activities of and progress 
10 made through services for the
care and treatment of 
11 substance use disorders among
pregnant women and mothers 
12 and their children established
under subsection (j) of 
13 Section 35-5. 

14  As applicable, the plan developed under this Section

15 shall also include information about funding by other 
16 State
agencies for prevention, early intervention, 
17 treatment,
and other recovery support services. 

18  (4) Lead, foster and develop cooperation, coordination 
19 and agreements
among federal and State governmental 
20 agencies and local providers that provide
assistance, 
21 services, funding or other functions, peripheral or 
22 direct, in the
prevention, early intervention, treatment,

23 and recovery support for substance use disorders. This 
24 shall include, but shall not be limited to,
the following:

25   (A) Cooperate with and assist other State

26 agencies, as applicable, in establishing and

 
 
10300HB3817sam002- 27 -LRB103 30519 JDS 62533 a


1 conducting substance use disorder services among the

2 populations they respectively serve.

3   (B) Cooperate with and assist the Illinois 
4 Department of Public Health
in the establishment, 
5 funding and support of programs and services for the

6 promotion of maternal and child health and the 
7 prevention and treatment of
infectious diseases, 
8 including but not limited to HIV infection, especially

9 with respect to those persons who are high risk due to

10 intravenous injection of illegal drugs, or who may 
11 have
been sexual partners of these individuals, or who 
12 may
have impaired immune systems as a result of a

13 substance use disorder.

14   (C) Supply to the Department of Public Health and 
15 prenatal care
providers a list of all providers who 
16 are
licensed to provide substance use disorder 
17 treatment
for pregnant women in this State.

18   (D) Assist in the placement of child abuse or 
19 neglect perpetrators
(identified by the Illinois 
20 Department of Children and Family Services (DCFS)) who

21 have been determined to be in need of substance use

22 disorder treatment
pursuant to Section 8.2 of the 
23 Abused and Neglected Child Reporting Act.

24   (E) Cooperate with and assist DCFS in carrying out 
25 its mandates to:

26    (i) identify substance use disorders among its 
 
 
10300HB3817sam002- 28 -LRB103 30519 JDS 62533 a


1 clients and
their families; and

2    (ii) develop services to deal with such 
3 disorders.

4  These services may include, but shall not be limited 
5 to,
programs to prevent or treat substance
use 
6 disorders with DCFS clients and their families,

7 identifying child care needs within such treatment, 
8 and assistance with other
issues as required.

9   (F) Cooperate with and assist the Illinois 
10 Criminal Justice Information
Authority with respect to 
11 statistical and other information concerning the 
12 incidence and prevalence of substance use
disorders.

13   (G) Cooperate with and assist the State 
14 Superintendent of Education,
boards of education, 
15 schools, police departments, the Illinois State 
16 Police, courts and other public and private agencies 
17 and individuals in
establishing prevention programs 
18 statewide and preparing curriculum materials
for use 
19 at all levels of education.

20   (H) Cooperate with and assist the Illinois 
21 Department of Healthcare and Family Services in
the 
22 development and provision of services offered to 
23 recipients of public
assistance for the treatment and 
24 prevention of substance use disorders.

25   (I) (Blank).

26  (5) From monies appropriated to the Department from 
 
 
10300HB3817sam002- 29 -LRB103 30519 JDS 62533 a


1 the Drunk and Drugged
Driving Prevention Fund, reimburse 
2 DUI evaluation and risk
education programs licensed by the 
3 Department for providing
indigent persons with free or 
4 reduced-cost evaluation and risk education services 
5 relating to a charge of
driving under the influence of 
6 alcohol or other drugs. 

7  (6) Promulgate regulations to identify and disseminate 
8 best practice guidelines that can be utilized by publicly

9 and privately funded programs as well as for levels of 
10 payment to government
funded programs that provide 
11 prevention,
early intervention, treatment, and other 
12 recovery support services for substance use disorders and 
13 those services referenced in Sections 15-10
and 40-5.

14  (7) In consultation with providers and
related trade 
15 associations, specify a uniform
methodology for use by 
16 funded providers and the
Department for billing
and 
17 collection and dissemination of statistical information

18 regarding services related to substance use
disorders.

19  (8) Receive data and assistance from federal, State 
20 and local governmental
agencies, and obtain copies of 
21 identification and arrest data from all federal,
State and 
22 local law enforcement agencies for use in carrying out the 
23 purposes
and functions of the Department.

24  (9) Designate and license providers to conduct 
25 screening, assessment,
referral and tracking of clients 
26 identified by the criminal justice system as
having 
 
 
10300HB3817sam002- 30 -LRB103 30519 JDS 62533 a


1 indications of substance use
disorders and being
eligible 
2 to make an election for treatment under Section 40-5 of 
3 this Act, and
assist in the placement of individuals who 
4 are under court order to participate
in treatment.

5  (10) Identify and disseminate evidence-based best 
6 practice guidelines as maintained in administrative rule 
7 that can be utilized to determine a substance use disorder 
8 diagnosis.

9  (11) (Blank).

10  (12) Make grants with funds appropriated from the Drug 
11 Treatment Fund in
accordance with Section 7 of the 
12 Controlled Substance and Cannabis Nuisance
Act, or in 
13 accordance with Section 80 of the Methamphetamine Control 
14 and Community Protection Act, or in accordance with 
15 subsections (h) and (i) of Section 411.2 of the
Illinois 
16 Controlled Substances Act, or in accordance with Section 
17 6z-107 of the State Finance Act. 

18  (13) Encourage all health and disability insurance 
19 programs to include
substance use disorder
treatment as a 
20 covered service and to use evidence-based best practice 
21 criteria as maintained in administrative rule and as 
22 required in Public Act 99-0480 in determining the 
23 necessity for such services and continued stay.

24  (14) Award grants and enter into fixed-rate and 
25 fee-for-service arrangements
with any other department, 
26 authority or commission of this State, or any other
state 
 
 
10300HB3817sam002- 31 -LRB103 30519 JDS 62533 a


1 or the federal government or with any public or private 
2 agency, including
the disbursement of funds and furnishing 
3 of staff, to effectuate the purposes
of this Act.

4  (15) Conduct a public information campaign to inform 
5 the State's
Hispanic residents regarding the prevention 
6 and treatment of substance use disorders.

7 (b) In addition to the powers, duties and functions vested 
8in it by this
Act, or by other laws of this State, the 
9Department may undertake, but shall
not be limited to, the 
10following activities:

11  (1) Require all organizations licensed or funded by 
12 the Department to include an education
component to inform 
13 participants regarding the causes and means of 
14 transmission
and methods of reducing the risk of acquiring 
15 or transmitting HIV infection and other infectious

16 diseases,
and to include funding for such education 
17 component in its support of the
program.

18  (2) Review all State agency applications for federal 
19 funds that include
provisions relating to the prevention, 
20 early intervention and treatment of
substance use

21 disorders in order to ensure consistency.

22  (3) Prepare, publish, evaluate, disseminate and serve 
23 as a central
repository for educational materials dealing 
24 with the nature and effects of
substance use disorders. 
25 Such materials may deal with
the educational needs of the 
26 citizens of Illinois, and may include at least
pamphlets 
 
 
10300HB3817sam002- 32 -LRB103 30519 JDS 62533 a


1 that describe the causes and effects of fetal alcohol

2 spectrum disorders.

3  (4) Develop and coordinate, with regional and local 
4 agencies, education
and training programs for persons 
5 engaged in providing services
for persons with
substance 
6 use disorders,
which programs may include specific HIV 
7 education and training for program
personnel.

8  (5) Cooperate with and assist in the development of 
9 education, prevention, early intervention,
and treatment 
10 programs for employees of State and local governments and

11 businesses in the State.

12  (6) Utilize the support and assistance of interested 
13 persons in the
community, including recovering persons, to 
14 assist individuals
and communities in understanding the 
15 dynamics of substance use
disorders, and to encourage

16 individuals with substance use disorders to
voluntarily 
17 undergo treatment.

18  (7) Promote, conduct, assist or sponsor basic 
19 clinical, epidemiological
and statistical research into 
20 substance use disorders
and research into the prevention 
21 of those problems either solely or in
conjunction with any 
22 public or private agency.

23  (8) Cooperate with public and private agencies, 
24 organizations and
individuals in the development of 
25 programs, and to provide technical assistance
and 
26 consultation services for this purpose.

 
 
10300HB3817sam002- 33 -LRB103 30519 JDS 62533 a


1  (9) (Blank).

2  (10) (Blank).

3  (11) Fund, promote, or assist entities dealing with

4 substance use disorders.

5  (12) With monies appropriated from the Group Home Loan 
6 Revolving Fund,
make loans, directly or through 
7 subcontract, to assist in underwriting the
costs of 
8 housing in which individuals recovering from substance use

9 disorders may reside, pursuant
to Section 50-40 of this 
10 Act.

11  (13) Promulgate such regulations as may be necessary 
12 to carry out the purposes and enforce the
provisions of 
13 this Act.

14  (14) Provide funding to help parents be effective in 
15 preventing
substance use disorders by building an 
16 awareness of the family's
role in preventing substance use 
17 disorders through adjusting expectations, developing new 
18 skills,
and setting positive family goals. The programs 
19 shall include, but not be
limited to, the following 
20 subjects: healthy family communication; establishing
rules 
21 and limits; how to reduce family conflict; how to build 
22 self-esteem,
competency, and responsibility in children; 
23 how to improve motivation and
achievement; effective 
24 discipline; problem solving techniques; and how to talk

25 about drugs and alcohol. The programs shall be open to all 
26 parents.

 
 
10300HB3817sam002- 34 -LRB103 30519 JDS 62533 a


1  (15) Establish an Opioid Remediation Services Capital

2 Investment Grant Program. The Department may, subject to 
3 appropriation and approval through the Opioid Overdose 
4 Prevention and Recovery Steering Committee, after 
5 recommendation by the Illinois Opioid Remediation Advisory 
6 Board, and certification by the Office of the Attorney 
7 General, make capital improvement grants to units of local 
8 government and substance use prevention, treatment, and 
9 recovery service providers addressing opioid remediation 
10 in the State for approved abatement uses under the 
11 Illinois Opioid Allocation Agreement. The Illinois Opioid 
12 Remediation State Trust Fund shall be the source of 
13 funding for the program. Eligible grant recipients shall 
14 be units of local government and substance use prevention, 
15 treatment, and recovery service providers that offer 
16 facilities and services in a manner that supports and 
17 meets the approved uses of the opioid settlement funds. 
18 Eligible grant recipients have no entitlement to a grant 
19 under this Section. The Department of Human Services may 
20 consult with the Capital Development Board, the Department 
21 of Commerce and Economic Opportunity, and the Illinois 
22 Housing Development Authority to adopt rules to implement 
23 this Section and may create a competitive application 
24 procedure for grants to be awarded. The rules may specify 
25 the manner of applying for grants; grantee eligibility 
26 requirements; project eligibility requirements; 
 
 
10300HB3817sam002- 35 -LRB103 30519 JDS 62533 a


1 restrictions on the use of grant moneys; the manner in 
2 which grantees must account for the use of grant moneys; 
3 and any other provision that the Department of Human 
4 Services determines to be necessary or useful for the 
5 administration of this Section. Rules may include a 
6 requirement for grantees to provide local matching funds 
7 in an amount equal to a specific percentage of the grant. 
8 No portion of an opioid remediation services capital 
9 investment grant awarded under this Section may be used by 
10 a grantee to pay for any ongoing operational costs or 
11 outstanding debt. The Department of Human Services may 
12 consult with the Capital Development Board, the Department 
13 of Commerce and Economic Opportunity, and the Illinois 
14 Housing Development Authority in the management and 
15 disbursement of funds for capital-related projects. The 
16 Capital Development Board, the Department of Commerce and 
17 Economic Opportunity, and the Illinois Housing Development 
18 Authority shall act in a consulting role only for the 
19 evaluation of applicants, scoring of applicants, or 
20 administration of the grant program. 
21 (c) There is created within the Department of Human 
22Services an Office of Opioid Settlement Administration. The 
23Office shall be responsible for implementing and administering 
24approved abatement programs as described in Exhibit B of the 
25Illinois Opioid Allocation Agreement, effective December 30, 
262021. The Office may also implement and administer other 
 
 
10300HB3817sam002- 36 -LRB103 30519 JDS 62533 a


1opioid-related programs, including but not limited to 
2prevention, treatment, and recovery services from other funds 
3made available to the Department of Human Services. The 
4Secretary of Human Services shall appoint or assign staff as 
5necessary to carry out the duties and functions of the Office.
6(Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21; 
7102-699, eff. 4-19-22.)


8 Section 5-20. The Department of Central Management 
9Services Law of the
Civil Administrative Code of Illinois is 
10amended by changing Section 405-293 as follows:

11 (20 ILCS 405/405-293)

12 Sec. 405-293. Professional Services.
13 (a) The Department of Central Management Services (the 
14"Department") is responsible for providing professional 
15services for or on behalf of State agencies for all functions 
16transferred to the Department by Executive Order No. 2003-10 
17(as modified by Section 5.5 of the Executive Reorganization 
18Implementation Act) and may, with the approval of the 
19Governor, provide additional services to or on behalf of State 
20agencies. To the extent not compensated by direct fund 
21transfers, the Department shall be reimbursed from each State 
22agency receiving the benefit of these services. The 
23reimbursement shall be determined by the Director of Central 
24Management Services as the amount required to reimburse the 
 
 
10300HB3817sam002- 37 -LRB103 30519 JDS 62533 a


1Professional Services Fund for the Department's costs of 
2rendering the professional services on behalf of that State 
3agency. For purposes of this Section, funds due the Department 
4for professional services may be made through appropriations 
5to the Department from the General Revenue Fund, as determined 
6by and provided for by the General Assembly. 
7 (a-5) The Department of Central Management Services may 
8provide professional services and other services as authorized 
9by subsection (a) for or on behalf of other State entities with 
10the approval of both the Director of Central Management 
11Services and the appropriate official or governing body of the 
12other State entity.

13 (b) For the purposes of this Section, "State agency" means 
14each State agency, department, board, and commission directly 
15responsible to the Governor. "Professional services" means 
16legal services, internal audit services, and other services as 
17approved by the Governor. "Other State entity" means the 
18Illinois State Board of Education and the Illinois State Toll 
19Highway Authority.


20(Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)

21 Section 5-25. The Children and Family Services Act is 
22amended by changing Section 25 as follows:




23 (20 ILCS 505/25) (from Ch. 23, par. 5025)



24 Sec. 25. Funds Grants, gifts, or legacies; Putative Father 
 
 
10300HB3817sam002- 38 -LRB103 30519 JDS 62533 a


1Registry fees.

2 (a) The DCFS Special Purposes Trust Fund is created as a 
3trust fund in the State treasury. The Department is authorized 
4to accept and deposit into the Fund moneys received from 
5grants, gifts, or any other source, public or private, in 
6support of the activities authorized by this Act or on behalf 
7of any institution or program of the Department. Moneys 
8received from federal sources or pursuant to Section 8.27 of 
9the State Finance Act or Section 5-9-1.8 of the Unified Code of 
10Corrections shall not be deposited into the Fund To accept and 
11hold in behalf of the State, if for the public
interest, a 
12grant, gift or legacy of money or property to the
State of 
13Illinois, to the Department, or to any institution or program 
14of
the Department made in trust for the maintenance or support 
15of a resident
of an institution of the Department, or for any 
16other legitimate purpose
connected with such institution or 
17program. The Department shall cause
each gift, grant or legacy 
18to be kept as a distinct fund, and
shall invest the same in the 
19manner provided by the laws of this State as
the same now 
20exist, or shall hereafter be enacted, relating to securities

21in which the deposit in savings banks may be invested. But the 
22Department
may, in its discretion, deposit in a proper trust 
23company or savings bank,
during the continuance of the trust, 
24any fund so left in trust for the life
of a person, and shall 
25adopt rules and regulations governing the deposit,
transfer, 
26or withdrawal of such fund. The Department shall on the

 
 
10300HB3817sam002- 39 -LRB103 30519 JDS 62533 a


1expiration of any trust as provided in any instrument creating 
2the same,
dispose of the fund thereby created in the manner 
3provided in such
instrument. The Department shall include in 
4its required reports a
statement showing what funds are so 
5held by it and the condition thereof.
Monies found on 
6residents at the time of their
admission, or
accruing to them 
7during their period of institutional care, and monies

8deposited with the superintendents by relatives, guardians
or 
9friends of
residents for the special comfort and pleasure of 
10such resident, shall
remain in the custody of such 
11superintendents who shall
act as trustees for
disbursement to, 
12in behalf of, or for the benefit of such resident. All
types of 
13retirement and pension benefits from private and public 
14sources
may be paid directly to the superintendent of the 
15institution where the
person is a resident, for deposit to the 
16resident's trust fund account.

17 (b) The Department shall deposit hold all Putative Father 
18Registry fees collected under Section 12.1 of the Adoption Act 
19into the DCFS Special Purposes Trust Fund in a distinct fund 
20for the Department's use in maintaining the Putative Father 
21Registry. The Department shall invest the moneys in the fund 
22in the same manner as moneys in the funds described in 
23subsection (a) and shall include in its required reports a 
24statement showing the condition of the fund.

25 (c) The DCFS Federal Projects Fund is created as a federal 
26trust fund in the State treasury. Moneys in the DCFS Federal 
 
 
10300HB3817sam002- 40 -LRB103 30519 JDS 62533 a


1Projects Fund shall be used for the specific purposes 
2established by the terms and conditions of the federal grant 
3or award and for other authorized expenses in accordance with 
4federal requirements. 
5(Source: P.A. 94-1010, eff. 10-1-06.)


6 Section 5-30. The Illinois Promotion Act is amended by 
7changing Section 3, 4a, and 8a as follows:




8 (20 ILCS 665/3) (from Ch. 127, par. 200-23)



9 Sec. 3. Definitions. The following words and terms, 
10whenever used or
referred to
in this Act, shall have the 
11following meanings, except where the context
may otherwise 
12require:

13 (a) "Department" means the Department of Commerce and 
14Economic Opportunity of the State of Illinois.

15 (b) "Local promotion group" means any non-profit 
16corporation,
organization, association, agency or committee 
17thereof formed for the
primary purpose of publicizing, 
18promoting, advertising or otherwise
encouraging the 
19development of tourism in any municipality, county, or
region 
20of Illinois.

21 (c) "Promotional activities" means preparing, planning and

22conducting campaigns of information, advertising and publicity 
23through
such media as newspapers, radio, television, 
24magazines, trade journals,
moving and still photography, 
 
 
10300HB3817sam002- 41 -LRB103 30519 JDS 62533 a


1posters, outdoor signboards and personal
contact within and 
2without the State of Illinois; dissemination of
information, 
3advertising, publicity, photographs and other literature
and 
4material designed to carry out the purpose of this Act; and

5participation in and attendance at meetings and conventions 
6concerned
primarily with tourism, including travel to and from 
7such meetings.

8 (d) "Municipality" means "municipality" as defined in 
9Section 1-1-2
of the Illinois Municipal Code, as heretofore 
10and hereafter amended.

11 (e) "Tourism" means travel 50 miles or more one-way or an 
12overnight trip
outside of a person's normal routine.

13 (f) "Municipal amateur sports facility" means a sports 
14facility that: (1) is owned by a unit of local government; (2) 
15has contiguous indoor sports competition space; (3) is 
16designed to principally accommodate and host amateur 
17competitions for youths, adults, or both; and (4) is not used 
18for professional sporting events where participants are 
19compensated for their participation. 
20 (g) "Municipal convention center" means a convention 
21center or civic center owned by a unit of local government or 
22operated by a convention center authority, or a municipal 
23convention hall as defined in paragraph (1) of Section 11-65-1 
24of the Illinois Municipal Code, with contiguous exhibition 
25space ranging between 30,000 and 125,000 square feet. 
26 (h) "Convention center authority" means an Authority, as 
 
 
10300HB3817sam002- 42 -LRB103 30519 JDS 62533 a


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





 
 
10300HB3817sam002- 43 -LRB103 30519 JDS 62533 a


1 (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)



2 Sec. 4a. Funds. 

3 (1) All moneys deposited into in the Tourism Promotion 
4Fund pursuant to this
subsection are allocated to the 
5Department for utilization, as
appropriated, in the 
6performance of its powers under Section 4; except that during 
7fiscal year 2013, the Department shall reserve $9,800,000 of 
8the total funds available for appropriation in the Tourism 
9Promotion Fund for appropriation to the Historic Preservation 
10Agency for the operation of the Abraham Lincoln Presidential 
11Library and Museum and State historic sites; and except that 
12beginning in fiscal year 2019, moneys in the Tourism Promotion 
13Fund may also be allocated to the Illinois Department of 
14Agriculture, the Illinois Department of Natural Resources, and 
15the Abraham Lincoln Presidential Library and Museum for 
16utilization, as appropriated, to administer their 
17responsibilities as State agencies promoting tourism in 
18Illinois, and for tourism-related purposes.

19 As soon as possible after the first day of each month, 
20beginning July 1,
1997 and ending on the effective date of this 
21amendatory Act of the 100th General Assembly, upon 
22certification of the Department of Revenue, the Comptroller 
23shall
order transferred and the Treasurer shall transfer from 
24the General Revenue
Fund to the Tourism Promotion Fund an 
25amount equal to 13% of the net
revenue realized from the Hotel 
26Operators' Occupation Tax Act plus an amount
equal to 13% of 
 
 
10300HB3817sam002- 44 -LRB103 30519 JDS 62533 a


1the net revenue realized from any tax imposed under
Section

24.05 of the Chicago World's Fair-1992 Authority Act during the 
3preceding month.
"Net revenue realized for a month" means the 
4revenue collected by the State
under that Act during the 
5previous month less the amount paid out during that
same month 
6as refunds to taxpayers for overpayment of liability under 
7that
Act.

8 (1.1) (Blank).

9 (2) (Blank). As soon as possible after the first day of 
10each month,
beginning July 1,
1997 and ending on the effective 
11date of this amendatory Act of the 100th General Assembly, 
12upon certification of the Department of Revenue, the 
13Comptroller shall
order transferred and the Treasurer shall 
14transfer from the General Revenue
Fund to the Tourism

15Promotion Fund an amount equal to 8% of the net revenue 
16realized from the Hotel
Operators' Occupation Tax plus an 
17amount equal to 8% of the net revenue
realized from any tax 
18imposed under Section 4.05 of the Chicago World's
Fair-1992 
19Authority Act during the preceding month. "Net revenue 
20realized for
a
month" means the revenue collected by the State 
21under that Act during the
previous month less the amount paid 
22out during that same month as refunds to
taxpayers for 
23overpayment of liability under that Act.

24 All monies deposited in the Tourism Promotion Fund under 
25this
subsection (2) shall be used solely as provided in this 
26subsection to
advertise and promote tourism throughout 
 
 
10300HB3817sam002- 45 -LRB103 30519 JDS 62533 a


1Illinois. Appropriations of monies
deposited in the Tourism 
2Promotion Fund pursuant to this subsection (2)
shall be used 
3solely for advertising to promote tourism, including but not

4limited to advertising production and direct advertisement 
5costs, but shall
not be used to employ any additional staff, 
6finance any individual event,
or lease, rent or purchase any 
7physical facilities. The Department shall
coordinate its 
8advertising under this subsection (2) with other public and

9private entities in the State engaged in similar promotion 
10activities.
Print or electronic media production made pursuant 
11to this subsection (2)
for advertising promotion shall not 
12contain or include the physical
appearance of or reference to 
13the name or position of any public officer.
"Public officer" 
14means a person who is elected to office pursuant to
statute, or 
15who is appointed to an office which is established, and the

16qualifications and duties of which are prescribed, by statute, 
17to discharge
a public duty for the State or any of its 
18political subdivisions.
19 (3) (Blank). Notwithstanding anything in this Section to 
20the contrary, amounts transferred from the General Revenue 
21Fund to the Tourism Promotion Fund pursuant to this Section 
22shall not exceed $26,300,000 in State fiscal year 2012. 

23 (4) (Blank). As soon as possible after the first day of 
24each month, beginning July 1, 2017 and ending June 30, 2018, if 
25the amount of revenue deposited into the Tourism Promotion 
26Fund under subsection (c) of Section 6 of the Hotel Operators' 
 
 
10300HB3817sam002- 46 -LRB103 30519 JDS 62533 a


1Occupation Tax Act is less than 21% of the net revenue realized 
2from the Hotel Operators' Occupation Tax during the preceding 
3month, then, upon certification of the Department of Revenue, 
4the State Comptroller shall direct and the State Treasurer 
5shall transfer from the General Revenue Fund to the Tourism 
6Promotion Fund an amount equal to the difference between 21% 
7of the net revenue realized from the Hotel Operators' 
8Occupation Tax during the preceding month and the amount of 
9revenue deposited into the Tourism Promotion Fund under 
10subsection (c) of Section 6 of the Hotel Operators' Occupation 
11Tax Act.
12 (5) As soon as possible after the first day of each month, 
13beginning July 1, 2018, if the amount of revenue deposited 
14into the Tourism Promotion Fund under Section 6 of the Hotel 
15Operators' Occupation Tax Act is less than 21% of the net 
16revenue realized from the Hotel Operators' Occupation Tax 
17during the preceding month, then, upon certification of the 
18Department of Revenue, the State Comptroller shall direct and 
19the State Treasurer shall transfer from the General Revenue 
20Fund to the Tourism Promotion Fund an amount equal to the 
21difference between 21% of the net revenue realized from the 
22Hotel Operators' Occupation Tax during the preceding month and 
23the amount of revenue deposited into the Tourism Promotion 
24Fund under Section 6 of the Hotel Operators' Occupation Tax 
25Act.
26 (6) In addition to any other transfers that may be 
 
 
10300HB3817sam002- 47 -LRB103 30519 JDS 62533 a


1provided for by law, on the effective date of this amendatory 
2Act of the 103rd General Assembly, or as soon thereafter as 
3practical, but no later than June 30, 2023, the State 
4Comptroller shall direct and the State Treasurer shall 
5transfer from the Tourism Promotion Fund into the designated 
6funds the following amounts: 
7  International Tourism Fund..............$2,274,267.36 
8  Chicago Travel Industry Promotion Fund..$4,396,916.95 
9  Local Tourism Fund......................$7,367,503.22 
10(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)





11 (20 ILCS 665/8a) (from Ch. 127, par. 200-28a)



12 Sec. 8a. Tourism grants and loans. 

13 (1) The Department is authorized to make grants and loans, 
14subject to
appropriations by the General Assembly for this 
15purpose from the Tourism
Promotion Fund,
to counties, 
16municipalities, other units of local government, local 
17promotion groups, not-for-profit
organizations, or
for-profit 
18businesses for the development or improvement of tourism

19attractions in Illinois. Individual grants and loans shall not

20exceed
$1,000,000
and shall not exceed 50% of the entire 
21amount of the actual expenditures for
the development or 
22improvement of a tourist attraction. Agreements for
loans made 
23by the Department pursuant to this subsection may contain

24provisions regarding term, interest rate, security as may be 
25required by
the Department and any other provisions the 
 
 
10300HB3817sam002- 48 -LRB103 30519 JDS 62533 a


1Department may require to
protect the State's interest.

2 (2) From appropriations to the Department from the State 
3CURE fund for this purpose, the Department shall establish 
4Tourism Attraction grants for purposes outlined in subsection 
5(1). Grants under this subsection shall not exceed $1,000,000 
6but may exceed 50% of the entire amount of the actual 
7expenditure for the development or improvement of a tourist 
8attraction, including, but not limited to, festivals. 
9Expenditures of such funds shall be in accordance with the 
10permitted purposes under Section 9901 of the American Rescue 
11Plan Act of 2021 and all related federal guidance.

12 (3) Subject to appropriation, the Department is authorized 
13to issue competitive grants with initial terms of up to 5 years 
14for the purpose of administering an incentive program that 
15will attract or retain conventions, meetings, sporting events, 
16and trade shows in Illinois with the goal of increasing 
17business or leisure travel. 
18(Source: P.A. 102-16, eff. 6-17-21; 102-287, eff. 8-6-21; 
19102-813, eff. 5-13-22.)


20 Section 5-31. The Department of Human Services Act is 
21amended by adding Section 1-85 as follows:

22 (20 ILCS 1305/1-85 new)
23 Sec. 1-85. Home Illinois Program. Subject to 
24appropriation, the Department of Human Services shall 
 
 
10300HB3817sam002- 49 -LRB103 30519 JDS 62533 a


1establish the Home Illinois Program. The Home Illinois Program 
2shall focus on preventing and ending homelessness in Illinois 
3and may include, but not be limited to, homeless prevention, 
4emergency and transitional housing, rapid rehousing, outreach, 
5capital investment, and related services and supports for 
6individuals at risk or experiencing homelessness. The 
7Department may establish program eligibility criteria and 
8other program requirements by rule. The Department of Human 
9Services may consult with the Capital Development Board, the 
10Department of Commerce and Economic Opportunity, and the 
11Illinois Housing Development Authority in the management and 
12disbursement of funds for capital related projects. The 
13Capital Development Board, the Department of Commerce and 
14Economic Opportunity, and the Illinois Housing Development 
15Authority shall act in a consulting role only for the 
16evaluation of applicants, scoring of applicants, or 
17administration of the grant program.

18 Section 5-32. The Department of Innovation and Technology 
19Act is amended by adding Section 1-16 as follows:

20 (20 ILCS 1370/1-16 new)
21 Sec. 1-16. Personnel. The Governor may, with the advice 
22and consent of the Senate, appoint a person within the 
23Department to serve as the Deputy Secretary. The Deputy 
24Secretary shall receive an annual salary as set by the 
 
 
10300HB3817sam002- 50 -LRB103 30519 JDS 62533 a


1Governor and shall be paid out of appropriations to the 
2Department. The Deputy Secretary shall not be subject to the 
3Personnel Code. The duties of the Deputy Secretary shall 
4include the coordination of the State's digital modernization 
5and other duties as assigned by the Secretary.

6 Section 5-33. The Disabilities Services Act of 2003 is 
7amended by changing Sections 51, 52, and 53 as follows:

8 (20 ILCS 2407/51)
9 Sec. 51. Legislative intent. It is the intent of the 
10General Assembly to promote the civil rights of persons with 
11disabilities by providing community-based service for persons 
12with disabilities when such services are determined 
13appropriate and desired, as required by Title II of the 
14Americans with Disabilities Act under the United States 
15Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581 
16(1999). In accordance with Section 6071 of the Deficit 
17Reduction Act of 2005 (P.L. 109-171), as amended by the 
18federal Consolidated Appropriations Act, 2021 (P.L. 116-260), 
19the purpose of this Act is (i) to identify and reduce barriers 
20or mechanisms, whether in State law, the State Medicaid Plan, 
21the State budget, or otherwise, that prevent or restrict the 
22flexible use of public funds to enable individuals with 
23disabilities to receive support for appropriate and necessary 
24long-term care services in settings of their choice; (ii) to 
 
 
10300HB3817sam002- 51 -LRB103 30519 JDS 62533 a


1increase the use of home and community-based long-term care 
2services, rather than institutions or long-term care 
3facilities; (iii) to increase the ability of the State 
4Medicaid program to assure continued provision of home and 
5community-based long-term care services to eligible 
6individuals who choose to transition from an institution or a 
7long-term care facility to a community setting; and (iv) to 
8ensure that procedures are in place that are at least 
9comparable to those required under the qualified home and 
10community-based program to provide quality assurance for 
11eligible individuals receiving Medicaid home and 
12community-based long-term care services and to provide for 
13continuous quality improvement in such services. Utilizing the 
14framework created by the "Money Follows the Person" 
15demonstration project, approval received by the State on May 
1614, 2007, and any subsequently enacted "Money Follows the 
17Person" demonstration project or initiative terms and 
18conditions, the purpose of this Act is to codify and reinforce 
19the State's commitment to promote individual choice and 
20control and increase utilization of home and community-based 
21services through:
22  (a) Increased ability of the State Medicaid program to 
23 ensure continued provision of home and community-based 
24 long-term care services to eligible individuals who choose 
25 to transition from an institution to a community setting.
26  (b) Assessment and removal of barriers to community 
 
 
10300HB3817sam002- 52 -LRB103 30519 JDS 62533 a


1 reintegration, including development of a comprehensive 
2 housing strategy.
3  (c) Expand availability of consumer self-directed 
4 service options.
5  (d) Increased use of home and community-based 
6 long-term care services, rather than institutions or 
7 long-term care facilities, such that the percentage of the 
8 State long-term care budget expended for community-based 
9 services increases from its current 28.5% to at least 37% 
10 in the next 5 years.
11  (e) Creation and implementation of interagency 
12 agreements or budgetary mechanisms to allow for the 
13 flexible movement of allocated dollars from institutional 
14 budget appropriations to appropriations supporting home 
15 and community-based services or Medicaid State Plan 
16 options.
17  (f) Creation of an equitable, clinically sound and 
18 cost-effective system for identification and review of 
19 community transition candidates across all long-term care 
20 systems; including improvement of prescreening, assessment 
21 for rapid reintegration and targeted review of longer stay 
22 residents, training and outreach education for providers 
23 and consumers on community alternatives across all 
24 long-term care systems.
25  (g) Development and implementation of data and 
26 information systems to track individuals across service 
 
 
10300HB3817sam002- 53 -LRB103 30519 JDS 62533 a


1 systems and funding streams; support responsive 
2 eligibility determination; facilitate placement and care 
3 decisions; identify individuals with potential for 
4 transition; and drive planning for the development of 
5 community-based alternatives.
6  (h) Establishment of procedures that are at least 
7 comparable to those required under the qualified home and 
8 community-based program to provide quality assurance for 
9 eligible individuals receiving Medicaid home and 
10 community-based long-term care services and to provide for 
11 continuous quality improvement in such services.
12  (i) Nothing in this amendatory Act of the 95th General 
13 Assembly shall diminish or restrict the choice of an 
14 individual to reside in an institution or the quality of 
15 care they receive.

16(Source: P.A. 95-438, eff. 1-1-08.)

17 (20 ILCS 2407/52)
18 Sec. 52. Applicability; definitions. In accordance with 
19Section 6071 of the Deficit Reduction Act of 2005 (P.L. 
20109-171), as used in this Article:
21 "Departments". The term "Departments" means for the 
22purposes of this Act, the Department of Human Services, the 
23Department on Aging, Department of Healthcare and Family 
24Services and Department of Public Health, unless otherwise 
25noted.
 
 
10300HB3817sam002- 54 -LRB103 30519 JDS 62533 a


1 "Home and community-based long-term care services". The 
2term "home and community-based long-term care services" means, 
3with respect to the State Medicaid program, a service aid, or 
4benefit, home and community-based services, including, but not 
5limited to, home health and personal care services, that are 
6provided to a person with a disability, and are voluntarily 
7accepted, as part of his or her long-term care that: (i) is 
8provided under the State's qualified home and community-based 
9program or that could be provided under such a program but is 
10otherwise provided under the Medicaid program; (ii) is 
11delivered in a qualified residence; and (iii) is necessary for 
12the person with a disability to live in the community.
13 "ID/DD community care facility". The term "ID/DD community 
14care facility", for the purposes of this Article, means a 
15skilled nursing or intermediate long-term care facility 
16subject to licensure by the Department of Public Health under 
17the ID/DD Community Care Act or the MC/DD Act, an intermediate 
18care facility for persons with developmental disabilities 
19(ICF-DDs), and a State-operated developmental center or mental 
20health center, whether publicly or privately owned.
21 "Money Follows the Person" Demonstration. Enacted by the 
22Deficit Reduction Act of 2005, as amended by the federal 
23Consolidated Appropriations Act, 2021 (P.L. 116-260), the 
24Money Follows the Person (MFP) Rebalancing Demonstration is 
25part of a comprehensive, coordinated strategy to assist 
26states, in collaboration with stakeholders, to make widespread 
 
 
10300HB3817sam002- 55 -LRB103 30519 JDS 62533 a


1changes to their long-term care support systems. This 
2initiative will assist states in their efforts to reduce their 
3reliance on institutional care while developing 
4community-based long-term care opportunities, enabling the 
5elderly and people with disabilities to fully participate in 
6their communities.
7 "Public funds" mean any funds appropriated by the General 
8Assembly to the Departments of Human Services, on Aging, of 
9Healthcare and Family Services and of Public Health for 
10settings and services as defined in this Article.
11 "Qualified residence". The term "qualified residence" 
12means, with respect to an eligible individual: (i) a home 
13owned or leased by the individual or the individual's 
14authorized representative (as defined by P.L. 109-171); (ii) 
15an apartment with an individual lease, with lockable access 
16and egress, and which includes living, sleeping, bathing, and 
17cooking areas over which the individual or the individual's 
18family has domain and control; or (iii) a residence, in a 
19community-based residential setting, in which no more than 4 
20unrelated individuals reside. Where qualified residences are 
21not sufficient to meet the demand of eligible individuals, 
22time-limited exceptions to this definition may be developed 
23through administrative rule.
24 "Self-directed services". The term "self-directed 
25services" means, with respect to home and community-based 
26long-term services for an eligible individual, those services 
 
 
10300HB3817sam002- 56 -LRB103 30519 JDS 62533 a


1for the individual that are planned and purchased under the 
2direction and control of the individual or the individual's 
3authorized representative, including the amount, duration, 
4scope, provider, and location of such services, under the 
5State Medicaid program consistent with the following 
6requirements:
7  (a) Assessment: there is an assessment of the needs, 
8 capabilities, and preference of the individual with 
9 respect to such services.
10  (b) Individual service care or treatment plan: based 
11 on the assessment, there is development jointly with such 
12 individual or individual's authorized representative, a 
13 plan for such services for the individual that (i) 
14 specifies those services, if any, that the individual or 
15 the individual's authorized representative would be 
16 responsible for directing; (ii) identifies the methods by 
17 which the individual or the individual's authorized 
18 representative or an agency designated by an individual or 
19 representative will select, manage, and dismiss providers 
20 of such services.

21(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 
2299-642, eff. 7-28-16.)

23 (20 ILCS 2407/53)
24 Sec. 53. Rebalancing benchmarks.
25 (a) Illinois' long-term care system is in a state of 
 
 
10300HB3817sam002- 57 -LRB103 30519 JDS 62533 a


1transformation, as evidenced by the creation and subsequent 
2work products of the Disability Services Advisory Committee, 
3Older Adult Services Advisory Committee, Housing Task Force 
4and other executive and legislative branch initiatives.
5 (b) Illinois' Money Follows the Person demonstrations or 
6initiatives capitalize demonstration approval capitalizes on 
7this progress and commit commits the State to transition 
8approximately 3,357 older persons and persons with 
9developmental, physical, or psychiatric disabilities from 
10institutional to home and community-based settings, as 
11appropriate resulting in an increased percentage of long-term 
12care community spending over the next 5 years.
13 (c) (Blank). The State will endeavor to increase the 
14percentage of community-based long-term care spending over the 
15next 5 years according to the following timeline:
16  Estimated baseline: 28.5%
17  Year 1: 30%
18  Year 2: 31%
19  Year 3: 32%
20  Year 4: 35%
21  Year 5: 37%
22 (d) The Departments will utilize interagency agreements 
23and will seek legislative authority to implement a Money 
24Follows the Person budgetary mechanism to allocate or 
25reallocate funds for the purpose of expanding the 
26availability, quality or stability of home and community-based 
 
 
10300HB3817sam002- 58 -LRB103 30519 JDS 62533 a


1long-term care services and supports for persons with 
2disabilities.
3 (e) The allocation of public funds for home and 
4community-based long-term care services shall not have the 
5effect of: (i) diminishing or reducing the quality of services 
6available to residents of long-term care facilities; (ii) 
7forcing any residents of long-term care facilities to 
8involuntarily accept home and community-based long-term care 
9services, or causing any residents of long-term care 
10facilities to be involuntarily transferred or discharged; 
11(iii) causing reductions in long-term care facility 
12reimbursement rates in effect as of July 1, 2008; or (iv) 
13diminishing access to a full array of long-term care options.

14(Source: P.A. 95-438, eff. 1-1-08.)

15 Section 5-35. The Illinois State Police Law of the
Civil 
16Administrative Code of Illinois is amended by changing Section 
172605-407 as follows:

18 (20 ILCS 2605/2605-407)
19 Sec. 2605-407. Illinois State Police Federal Projects 
20Fund. 
21 (a) The Illinois State Police Federal Projects Fund is 
22established as a federal trust fund in the State treasury. 
23This federal Trust Fund is established to receive funds 
24awarded to the Illinois State Police from the following: (i) 
 
 
10300HB3817sam002- 59 -LRB103 30519 JDS 62533 a


1all federal departments and agencies for the specific purposes 
2established by the terms and conditions of the federal awards 
3and (ii) federal pass-through grants from State departments 
4and agencies for the specific purposes established by the 
5terms and conditions of the grant agreements. Any interest 
6earnings that are attributable to moneys in the federal trust 
7fund must be deposited into the Fund.

8 (b) In addition to any other transfers that may be 
9provided for by law, on July 1, 2023, or as soon thereafter as 
10practical, the State Comptroller shall direct and the State 
11Treasurer shall transfer the sum of $2,000,000 from the State 
12Police Services Fund to the Illinois State Police Federal 
13Projects Fund. 
14(Source: P.A. 102-538, eff. 8-20-21.)

15 Section 5-40. The State Fire Marshal Act is amended by 
16adding Section 2.8 as follows:

17 (20 ILCS 2905/2.8 new)
18 Sec. 2.8. Fire Station Rehabilitation and Construction 
19Grant Program. The Office shall establish and administer a 
20Fire Station Rehabilitation and Construction Grant Program to 
21award grants to units of local government for the 
22rehabilitation or construction of fire stations. The Office 
23shall adopt any rules necessary for the implementation and 
24administration of this Section.

 
 
10300HB3817sam002- 60 -LRB103 30519 JDS 62533 a


1 Section 5-45. The Governor's Office of Management and 
2Budget Act is amended by adding Section 2.13 as follows:

3 (20 ILCS 3005/2.13 new)
4 Sec. 2.13. Appropriations; Railsplitter Tobacco Settlement 
5Authority Bonds. Subject to appropriation, the Office may make 
6payments from the Tobacco Settlement Recovery Fund to the 
7trustee of those bonds issued by the Railsplitter Tobacco 
8Settlement Authority with which the Authority has executed a 
9bond indenture pursuant to the terms of the Railsplitter 
10Tobacco Settlement Authority Act for the purpose of defeasing 
11outstanding bonds of the Authority.

12 Section 5-47. The Illinois Emergency Management Agency Act 
13is amended by adding Section 17.8 as follows:

14 (20 ILCS 3305/17.8 new)
15 Sec. 17.8. IEMA State Projects Fund. The IEMA State 
16Projects Fund is created as a trust fund in the State treasury. 
17The Fund shall consist of any moneys appropriated to the 
18Agency for purposes of the Illinois' Not-For-Profit Security 
19Grant Program, a grant program authorized by subsection (g-5) 
20of Section 5 of this Act, to provide funding support for target 
21hardening activities and other physical security enhancements 
22for qualifying not-for-profit organizations that are at high 
 
 
10300HB3817sam002- 61 -LRB103 30519 JDS 62533 a


1risk of terrorist attack. The Agency is authorized to use 
2moneys appropriated from the Fund to make grants to 
3not-for-profit organizations for target hardening activities, 
4security personnel, and physical security enhancements and for 
5the payment of administrative expenses associated with the 
6Not-For-Profit Security Grant Program. As used in this 
7Section, "target hardening activities" include, but are not 
8limited to, the purchase and installation of security 
9equipment on real property owned or leased by the 
10not-for-profit organization. Grants, gifts, and moneys from 
11any other source, public or private, may also be deposited 
12into the Fund and used for the purposes authorized by this Act.

13 Section 5-50. The State Finance Act is amended by changing 
14Sections 5.62, 5.366, 5.581, 5.765, 5.857, 6, 6z-27, 6z-32, 
156z-35, 6z-43, 6z-100, 6z-121, 6z-126, 8.3, 8.12, 8g-1, 13.2, 
16and 25 and by adding Sections 5.990, 5e-1, and 5h.6 as follows:




17 (30 ILCS 105/5.62) (from Ch. 127, par. 141.62)



18 Sec. 5.62. The Working Capital Revolving Fund. This 
19Section is repealed on January 1, 2024. 
20(Source: Laws 1919, p. 946.)





21 (30 ILCS 105/5.366)



22 Sec. 5.366. The Live and Learn Fund. This Section is 
23repealed on January 1, 2024. 
 
 
10300HB3817sam002- 62 -LRB103 30519 JDS 62533 a


1(Source: P.A. 88-78; 88-670, eff. 12-2-94.)





2 (30 ILCS 105/5.581)



3 Sec. 5.581. The Professional Sports Teams Education Fund. 
4This Section is repealed on January 1, 2024. 
5(Source: P.A. 95-331, eff. 8-21-07.)




6 (30 ILCS 105/5.765)


7 Sec. 5.765. The Soil and Water Conservation District Fund. 
8This Section is repealed on January 1, 2024. 
9(Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11.)


10 (30 ILCS 105/5.857)
11 (Section scheduled to be repealed on July 1, 2023)
12 Sec. 5.857. The Capital Development Board Revolving Fund. 
13This Section is repealed July 1, 2025 2023.

14(Source: P.A. 101-10, eff. 6-5-19; 101-645, eff. 6-26-20; 
15102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)

16 (30 ILCS 105/5.990 new)
17 Sec. 5.990. The Imagination Library of Illinois Fund.

18 (30 ILCS 105/5e-1 new)
19 Sec. 5e-1. Transfers from Road Fund. In addition to any 
20other transfers that may be provided for by law, on July 1, 
212023, or as soon thereafter as practical, the State 
 
 
10300HB3817sam002- 63 -LRB103 30519 JDS 62533 a


1Comptroller shall direct and the State Treasurer shall 
2transfer the sum of $10,000,000 from the Road Fund to the 
3Federal Mass Transit Trust Fund. This Section is repealed on 
4January 1, 2025.

5 (30 ILCS 105/5h.6 new)
6 Sec. 5h.6. Cash flow borrowing and health insurance funds 
7liquidity.
8 (a) To meet cash flow deficits and to maintain liquidity 
9in the Community College Health Insurance Security Fund, the 
10State Treasurer and the State Comptroller, as directed by the 
11Governor, shall make transfers, on and after July 1, 2023 and 
12through June 30, 2024, to the Community College Health 
13Insurance Security Fund out of the Health Insurance Reserve 
14Fund, to the extent allowed by federal law.
15 The outstanding total transfers made from the Health 
16Insurance Reserve Fund to the Community College Health 
17Insurance Security Fund under this Section shall, at no time, 
18exceed $50,000,000. Once the amount of $50,000,000 has been 
19transferred from the Health Insurance Reserve Fund to the 
20Community College Health Insurance Security Fund, additional 
21transfers may be made from the Health Insurance Reserve Fund 
22to the Community College Health Insurance Security Fund under 
23this Section only to the extent that moneys have first been 
24retransferred from the Community College Health Insurance 
25Security Fund to the Health Insurance Reserve Fund.
 
 
10300HB3817sam002- 64 -LRB103 30519 JDS 62533 a


1 (b) If moneys have been transferred to the Community 
2College Health Insurance Security Fund pursuant to subsection 
3(a) of this Section, this amendatory Act of the 103rd General 
4Assembly shall constitute the continuing authority for and 
5direction to the State Treasurer and State Comptroller to 
6reimburse the Health Insurance Reserve Fund from the Community 
7College Health Insurance Security Fund by transferring to the 
8Health Insurance Reserve Fund, at such times and in such 
9amounts as directed by the Comptroller when necessary to 
10support appropriated expenditures from the Health Insurance 
11Reserve Fund, an amount equal to that transferred from the 
12Health Insurance Reserve Fund, except that any moneys 
13transferred pursuant to subsection (a) of this Section shall 
14be repaid to the fund of origin within 108 months after the 
15date on which they were borrowed. The continuing authority for 
16reimbursement provided for in this subsection (b) shall expire 
1796 months after the date of the last transfer made pursuant to 
18subsection (a) of this Section, or June 30, 2032, whichever is 
19sooner.
20 (c) Beginning July 31, 2024, and every July 31 thereafter 
21until all moneys borrowed pursuant to this Section have been 
22repaid, the Comptroller shall annually report on every 
23transfer made pursuant to this Section. The report shall 
24identify the amount of each transfer, including the date and 
25the end-of-day balance of the Health Insurance Reserve Fund 
26and the Community College Health Insurance Security Fund on 
 
 
10300HB3817sam002- 65 -LRB103 30519 JDS 62533 a


1the date each transfer was made, and the status of all funds 
2transferred under this Section for the previous fiscal year. 
3All reports under this Section shall be provided in an 
4electronic format to the Commission on Government Forecasting 
5and Accountability and to the Governor's Office of Management 
6and Budget.




7 (30 ILCS 105/6) (from Ch. 127, par. 142)



8 Sec. 6. 
The gross or total proceeds, receipts and income 
9of all lands
leased by the Department of Corrections and of all 
10industrial
operations at the several State institutions and 
11divisions under the
direction and supervision of the 
12Department of Corrections shall be covered
into the State 
13treasury into a state trust fund to be known as the "The 
14Working
Capital Revolving Fund". "Industrial operations", as 
15herein used, means and
includes the operation of those State 
16institutions producing, by the use of
materials, supplies and 
17labor, goods, or wares or merchandise to be sold. On July 1, 
182023, or as soon thereafter as practical, the State 
19Comptroller shall direct and the State Treasurer shall 
20transfer the remaining balance from the Working Capital 
21Revolving Fund into the General Revenue Fund. Upon completion 
22of the transfer, the Working Capital Revolving Fund is 
23dissolved, and any future deposits due to that Fund and any 
24outstanding obligations or liabilities of that Fund shall pass 
25to the General Revenue Fund. 

 
 
10300HB3817sam002- 66 -LRB103 30519 JDS 62533 a


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


2 (30 ILCS 105/6z-27)


3 Sec. 6z-27. All moneys in the Audit Expense Fund shall be

4transferred, appropriated and used only for the purposes 
5authorized by, and
subject to the limitations and conditions 
6prescribed by, the Illinois State Auditing
Act.
7 Within 30 days after July 1, 2023 2022, or as soon 
8thereafter as practical,
the State Comptroller shall order 
9transferred and the State Treasurer shall transfer from the

10following funds moneys in the specified amounts for deposit 
11into the Audit Expense Fund: 
12African-American HIV/AIDS Response Fund................$1,421
13Agricultural Premium Fund............................$122,719
14Alzheimer's Awareness Fund.............................$1,499
15Alzheimer's Disease Research, Care, and Support Fund.....$662
16Amusement Ride and Patron Safety Fund..................$6,315
17Assisted Living and Shared Housing Regulatory Fund.....$2,564
18Capital Development Board Revolving Fund..............$15,118
19Care Provider Fund for Persons with a Developmental
20 Disability........................................$15,392
21Carolyn Adams Ticket For The Cure Grant Fund.............$927
22CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial
23 Driver's License Information
24 System/American Association of
25 Motor Vehicle Administrators
 
 
10300HB3817sam002- 67 -LRB103 30519 JDS 62533 a


1 network/National Motor Vehicle
2 Title Information Service Trust Fund)..............$5,236
3Chicago Police Memorial Foundation Fund..................$708
4Chicago State University Education Improvement Fund...$13,666
5Child Labor and Day and Temporary Labor
6 Services Enforcement Fund.........................$11,991
7Child Support Administrative Fund......................$5,287
8Clean Air Act Permit Fund..............................$1,556
9Coal Technology Development Assistance Fund............$6,936
10Common School Fund...................................$343,892
11Community Mental Health Medicaid Trust Fund...........$14,084
12Corporate Franchise Tax Refund Fund....................$1,096
13DCFS Children's Services Fund..........................$8,766
14Death Certificate Surcharge Fund.......................$2,060
15Death Penalty Abolition Fund...........................$2,448
16Department of Business Services Special
17 Operations Fund...................................$13,889
18Department of Human Services Community Services Fund...$7,970
19Downstate Public Transportation Fund..................$11,631
20Dram Shop Fund.......................................$142,500
21Driver Services Administration Fund....................$1,873
22Drug Rebate Fund......................................$42,473
23Drug Treatment Fund....................................$1,767
24Education Assistance Fund..........................$2,031,292
25Emergency Public Health Fund...........................$5,162
26Environmental Protection Permit and Inspection Fund....$1,447
 
 
10300HB3817sam002- 68 -LRB103 30519 JDS 62533 a


1Estate Tax Refund Fund...................................$852
2Facilities Management Revolving Fund..................$50,148
3Facility Licensing Fund................................$5,522
4Fair and Exposition Fund...............................$4,248
5Feed Control Fund......................................$7,709
6Fertilizer Control Fund................................$6,849
7Fire Prevention Fund...................................$3,859
8Fund for the Advancement of Education.................$24,772
9General Assembly Operations Revolving Fund.............$1,146
10General Professions Dedicated Fund.....................$4,039
11General Revenue Fund..............................$17,653,153
12Governor's Administrative Fund.........................$2,832
13Governor's Grant Fund.................................$17,709
14Grade Crossing Protection Fund...........................$930
15Grant Accountability and Transparency Fund...............$805
16Guardianship and Advocacy Fund........................$14,843
17Hazardous Waste Fund.....................................$835
18Health Facility Plan Review Fund.......................$1,776
19Health and Human Services Medicaid Trust Fund..........$6,554
20Healthcare Provider Relief Fund......................$407,107
21Healthy Smiles Fund......................................$738
22Home Care Services Agency Licensure Fund...............$3,101
23Hospital Licensure Fund................................$1,688
24Hospital Provider Fund...............................$138,829
25ICCB Federal Trust Fund................................$9,968 
26ICJIA Violence Prevention Fund...........................$932
 
 
10300HB3817sam002- 69 -LRB103 30519 JDS 62533 a


1Illinois Affordable Housing Trust Fund................$17,236
2Illinois Clean Water Fund..............................$2,152
3Illinois Health Facilities Planning Fund...............$3,094
4IMSA Income Fund......................................$12,417
5Illinois Power Agency Operations Fund.................$62,583
6Illinois School Asbestos Abatement Fund..................$784
7Illinois State Fair Fund..............................$29,752
8Illinois State Police Memorial Park Fund.................$681
9Illinois Telecommunications Access Corporation Fund....$1,668
10Illinois Underground Utility Facilities
11 Damage Prevention Fund.............................$4,276
12Illinois Veterans' Rehabilitation Fund.................$5,943
13Illinois Workers' Compensation Commission
14 Operations Fund..................................$243,187
15Income Tax Refund Fund................................$54,420
16Lead Poisoning Screening, Prevention, and
17 Abatement Fund....................................$16,379
18Live and Learn Fund...................................$25,492
19Lobbyist Registration Administration Fund..............$1,471
20Local Government Distributive Fund....................$44,025
21Long Term Care Monitor/Receiver Fund..................$42,016
22Long-Term Care Provider Fund..........................$13,537
23Low-Level Radioactive Waste Facility Development
24 and Operation Fund...................................$618
25Mandatory Arbitration Fund.............................$2,104
26Medical Special Purposes Trust Fund......................$786
 
 
10300HB3817sam002- 70 -LRB103 30519 JDS 62533 a


1Mental Health Fund.....................................$9,376
2Mental Health Reporting Fund...........................$1,443
3Metabolic Screening and Treatment Fund................$32,049
4Monitoring Device Driving Permit Administration
5 Fee Fund...........................................$1,616
6Motor Fuel Tax Fund...................................$36,238
7Motor Vehicle License Plate Fund......................$17,694
8Multiple Sclerosis Research Fund.........................$758
9Nuclear Safety Emergency Preparedness Fund............$26,117
10Nursing Dedicated and Professional Fund................$2,420
11Open Space Lands Acquisition and Development Fund........$658
12Partners For Conservation Fund........................$89,847
13Pension Stabilization Fund.............................$1,031
14Personal Property Tax Replacement Fund...............$290,755
15Pesticide Control Fund................................$30,513
16Plumbing Licensure and Program Fund....................$6,276
17Police Memorial Committee Fund...........................$813
18Professional Services Fund............................$72,029
19Public Health Laboratory Services Revolving Fund.......$5,816
20Public Transportation Fund............................$46,826
21Public Utility Fund..................................$198,423
22Radiation Protection Fund.............................$11,034
23Renewable Energy Resources Trust Fund..................$7,834
24Road Fund............................................$226,150
25Regional Transportation Authority Occupation
26 and Use Tax Replacement Fund.......................$1,167
 
 
10300HB3817sam002- 71 -LRB103 30519 JDS 62533 a


1School Infrastructure Fund.............................$7,749
2Secretary of State DUI Administration Fund.............$2,694
3Secretary of State Identification Security
4 and Theft Prevention Fund.........................$12,676
5Secretary of State Police Services Fund..................$717
6Secretary of State Special License Plate Fund..........$4,203
7Secretary of State Special Services Fund..............$34,491
8Securities Audit and Enforcement Fund..................$8,198
9Solid Waste Management Fund............................$1,613
10Special Olympics Illinois and Special
11 Children's Charities Fund............................$852
12Special Education Medicaid Matching Fund...............$5,131
13Sports Wagering Fund...................................$4,450
14State and Local Sales Tax Reform Fund..................$2,361
15State Construction Account Fund.......................$37,865
16State Gaming Fund.....................................$94,435
17State Garage Revolving Fund............................$8,977
18State Lottery Fund...................................$340,323
19State Pensions Fund..................................$500,000
20State Treasurer's Bank Services Trust Fund.............$1,295
21Supreme Court Special Purposes Fund....................$1,722
22Tattoo and Body Piercing Establishment
23 Registration Fund....................................$950
24Tax Compliance and Administration Fund.................$1,483
25Technology Management Revolving Fund.................$186,193
26Tobacco Settlement Recovery Fund......................$29,864
 
 
10300HB3817sam002- 72 -LRB103 30519 JDS 62533 a


1Tourism Promotion Fund................................$50,155
2Transportation Regulatory Fund........................$78,256
3Trauma Center Fund.....................................$1,960
4Underground Storage Tank Fund..........................$3,630
5University of Illinois Hospital Services Fund..........$6,712
6Vehicle Hijacking and Motor Vehicle
7 Theft Prevention and Insurance
8 Verification Trust Fund...........................$10,970
9Vehicle Inspection Fund................................$5,069
10Weights and Measures Fund.............................$22,129
11Youth Alcoholism and Substance Abuse Prevention Fund.....$526
12Attorney General Court Ordered and Voluntary Compliance
13 Payment Projects Fund.............................$38,974
14Attorney General Sex Offender Awareness,
15 Training, and Education Fund.........................$539
16Aggregate Operations Regulatory Fund.....................$711
17Agricultural Premium Fund.............................$25,265
18Attorney General's State Projects and Court
19 Ordered Distribution Fund.........................$43,667
20Anna Veterans Home Fund...............................$15,792
21Appraisal Administration Fund..........................$4,017
22Attorney General Whistleblower Reward
23 and Protection Fund...............................$22,896
24Bank and Trust Company Fund...........................$78,017
25Cannabis Expungement Fund..............................$4,501
26Capital Development Board Revolving Fund...............$2,494
 
 
10300HB3817sam002- 73 -LRB103 30519 JDS 62533 a


1Care Provider Fund for Persons with
2 a Developmental Disability.........................$5,707
3CDLIS/AAMVAnet/NMVTIS Trust Fund.......................$1,702
4Cemetery Oversight Licensing and Disciplinary Fund.....$5,002
5Chicago State University Education
6 Improvement Fund..................................$16,218
7Child Support Administrative Fund......................$2,657
8Clean Air Act Permit Fund.............................$10,108
9Coal Technology Development Assistance Fund...........$12,943
10Commitment to Human Services Fund....................$111,465
11Common School Fund...................................$445,997
12Community Mental Health Medicaid Trust Fund............$9,599
13Community Water Supply Laboratory Fund...................$637
14Credit Union Fund.....................................$16,048
15DCFS Children's Services Fund........................$287,247
16Department of Business Services
17 Special Operations Fund............................$4,402
18Department of Corrections Reimbursement
19 and Education Fund................................$60,429
20Design Professionals Administration
21 and Investigation Fund.............................$3,362
22Department of Human Services Community Services Fund...$5,239
23Downstate Public Transportation Fund..................$30,625
24Driver Services Administration Fund......................$639
25Drivers Education Fund.................................$1,202
26Drug Rebate Fund......................................$22,702
 
 
10300HB3817sam002- 74 -LRB103 30519 JDS 62533 a


1Drug Treatment Fund......................................$571
2Drycleaner Environmental Response Trust Fund.............$846
3Education Assistance Fund..........................$1,969,661
4Environmental Protection Permit and
5 Inspection Fund....................................$7,079
6Facilities Management Revolving Fund..................$16,163
7Federal High Speed Rail Trust Fund.....................$1,264
8Federal Workforce Training Fund.......................$91,791
9Feed Control Fund......................................$1,701
10Fertilizer Control Fund................................$1,791
11Fire Prevention Fund...................................$3,507
12Firearm Dealer License Certification Fund................$648
13Fund for the Advancement of Education.................$44,609
14General Professions Dedicated Fund....................$31,353
15General Revenue Fund..............................$17,663,958
16Grade Crossing Protection Fund.........................$1,856
17Hazardous Waste Fund...................................$8,446
18Health and Human Services Medicaid Trust Fund..........$6,134
19Healthcare Provider Relief Fund......................$185,164
20Horse Racing Fund....................................$169,632
21Hospital Provider Fund................................$63,346
22ICCB Federal Trust Fund..............................$10,805 
23Illinois Affordable Housing Trust Fund.................$5,414
24Illinois Charity Bureau Fund...........................$3,298
25Illinois Clean Water Fund.............................$11,951
26Illinois Forestry Development Fund....................$11,004
 
 
10300HB3817sam002- 75 -LRB103 30519 JDS 62533 a


1Illinois Gaming Law Enforcement Fund...................$1,869
2IMSA Income Fund.......................................$2,188
3Illinois Military Family Relief Fund...................$6,986
4Illinois Power Agency Operations Fund.................$41,229
5Illinois State Dental Disciplinary Fund................$6,127
6Illinois State Fair Fund.................................$660
7Illinois State Medical Disciplinary Fund..............$23,384
8Illinois State Pharmacy Disciplinary Fund.............$10,308
9Illinois Veterans Assistance Fund......................$2,016
10Illinois Veterans' Rehabilitation Fund...................$862
11Illinois Wildlife Preservation Fund....................$1,742
12Illinois Workers' Compensation Commission
13 Operations Fund....................................$4,476
14Income Tax Refund Fund...............................$239,691
15Insurance Financial Regulation Fund..................$104,462
16Insurance Premium Tax Refund Fund.....................$23,121
17Insurance Producer Administration Fund...............$104,566
18International Tourism Fund.............................$1,985
19LaSalle Veterans Home Fund............................$46,145
20LEADS Maintenance Fund...................................$681
21Live and Learn Fund....................................$8,120
22Local Government Distributive Fund...................$154,289
23Long-Term Care Provider Fund...........................$6,468
24Manteno Veterans Home Fund............................$93,493
25Mental Health Fund....................................$12,227
26Mental Health Reporting Fund.............................$611
 
 
10300HB3817sam002- 76 -LRB103 30519 JDS 62533 a


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


1Road Fund............................................$399,062
2Regional Transportation Authority Occupation and
3 Use Tax Replacement Fund...........................$5,205
4Salmon Fund..............................................$655
5School Infrastructure Fund............................$14,015
6Secretary of State DUI Administration Fund.............$1,025
7Secretary of State Identification Security
8 and Theft Prevention Fund..........................$4,502
9Secretary of State Special License Plate Fund..........$1,384
10Secretary of State Special Services Fund...............$8,114
11Securities Audit and Enforcement Fund..................$2,824
12State Small Business Credit Initiative Fund............$4,331
13Solid Waste Management Fund...........................$10,397
14Special Education Medicaid Matching Fund...............$2,924
15Sports Wagering Fund...................................$8,572
16State Police Law Enforcement Administration Fund.......$6,822
17State and Local Sales Tax Reform Fund.................$10,355
18State Asset Forfeiture Fund............................$1,740
19State Aviation Program Fund..............................$557
20State Construction Account Fund......................$195,722
21State Crime Laboratory Fund............................$7,743
22State Gaming Fund....................................$204,660
23State Garage Revolving Fund............................$3,731
24State Lottery Fund...................................$129,814
25State Offender DNA Identification System Fund..........$1,405
26State Pensions Fund..................................$500,000
 
 
10300HB3817sam002- 78 -LRB103 30519 JDS 62533 a


1State Police Firearm Services Fund....................$16,122
2State Police Services Fund............................$21,151
3State Police Vehicle Fund..............................$3,013
4State Police Whistleblower Reward
5 and Protection Fund................................$2,452
6Subtitle D Management Fund.............................$1,431
7Supplemental Low-Income Energy Assistance Fund........$68,591
8Tax Compliance and Administration Fund.................$5,259
9Technology Management Revolving Fund.................$244,294
10Tobacco Settlement Recovery Fund.......................$4,653
11Tourism Promotion Fund................................$35,322
12Traffic and Criminal Conviction Surcharge Fund.......$136,332
13Underground Storage Tank Fund.........................$20,429
14University of Illinois Hospital Services Fund..........$3,664
15Vehicle Inspection Fund...............................$11,203
16Violent Crime Victims Assistance Fund.................$14,202
17Weights and Measures Fund..............................$6,127
18Working Capital Revolving Fund........................$18,120

19 Notwithstanding any provision of the law to the contrary, 
20the General
Assembly hereby authorizes the use of such funds 
21for the purposes set forth
in this Section.

22 These provisions do not apply to funds classified by the 
23Comptroller
as federal trust funds or State trust funds. The 
24Audit Expense Fund may
receive transfers from those trust 
25funds only as directed herein, except
where prohibited by the 
26terms of the trust fund agreement. The Auditor
General shall 
 
 
10300HB3817sam002- 79 -LRB103 30519 JDS 62533 a


1notify the trustees of those funds of the estimated cost of
the 
2audit to be incurred under the Illinois State Auditing Act for 
3the
fund. The trustees of those funds shall direct the State 
4Comptroller and
Treasurer to transfer the estimated amount to 
5the Audit Expense Fund.

6 The Auditor General may bill entities that are not subject 
7to the above
transfer provisions, including private entities, 
8related organizations and
entities whose funds are 
9locally-held, for the cost of audits, studies, and

10investigations incurred on their behalf. Any revenues received 
11under this
provision shall be deposited into the Audit Expense 
12Fund.

13 In the event that moneys on deposit in any fund are 
14unavailable, by
reason of deficiency or any other reason 
15preventing their lawful
transfer, the State Comptroller shall 
16order transferred
and the State Treasurer shall transfer the 
17amount deficient or otherwise
unavailable from the General 
18Revenue Fund for deposit into the Audit Expense
Fund.

19 On or before December 1, 1992, and each December 1 
20thereafter, the
Auditor General shall notify the Governor's 
21Office of Management
and Budget (formerly Bureau of the 
22Budget)
of the amount
estimated to be necessary to pay for 
23audits, studies, and investigations in
accordance with the 
24Illinois State Auditing Act during the next succeeding
fiscal 
25year for each State fund for which a transfer or reimbursement 
26is
anticipated.

 
 
10300HB3817sam002- 80 -LRB103 30519 JDS 62533 a


1 Beginning with fiscal year 1994 and during each fiscal 
2year thereafter,
the Auditor General may direct the State 
3Comptroller and Treasurer to
transfer moneys from funds 
4authorized by the General Assembly for that
fund. In the event 
5funds, including federal and State trust funds but
excluding 
6the General Revenue Fund, are transferred, during fiscal year 
71994
and during each fiscal year thereafter, in excess of the 
8amount to pay actual
costs attributable to audits, studies, 
9and investigations as permitted or
required by the Illinois 
10State Auditing Act or specific action of the General
Assembly, 
11the Auditor General shall, on September 30, or as soon 
12thereafter as
is practicable, direct the State Comptroller and 
13Treasurer to transfer the
excess amount back to the fund from 
14which it was originally transferred.

15(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 
16102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)





17 (30 ILCS 105/6z-32)


18 Sec. 6z-32. Partners for Planning and Conservation. 

19 (a) The Partners for Conservation Fund (formerly known as 
20the Conservation 2000 Fund) and the Partners for
Conservation 
21Projects Fund (formerly known as the Conservation 2000 
22Projects Fund) are
created as special funds in the State 
23Treasury. These funds
shall be used to establish a 
24comprehensive program to protect Illinois' natural
resources 
25through cooperative partnerships between State government and 
 
 
10300HB3817sam002- 81 -LRB103 30519 JDS 62533 a


1public
and private landowners. Moneys in these Funds may be

2used, subject to appropriation, by the Department of Natural 
3Resources, Environmental Protection Agency, and the
Department 
4of Agriculture for purposes relating to natural resource 
5protection,
planning, recreation, tourism, climate resilience, 
6and compatible agricultural and economic development

7activities. Without limiting these general purposes, moneys in 
8these Funds may
be used, subject to appropriation, for the 
9following specific purposes:

10  (1) To foster sustainable agriculture practices and 
11 control soil erosion,
sedimentation, and nutrient loss 
12 from farmland, including grants to Soil and Water 
13 Conservation Districts
for conservation practice 
14 cost-share grants and for personnel, educational, and

15 administrative expenses.

16  (2) To establish and protect a system of ecosystems in 
17 public and private
ownership through conservation 
18 easements, incentives to public and private
landowners, 
19 natural resource restoration and preservation, water 
20 quality protection and improvement, land use and watershed 
21 planning, technical assistance and grants, and
land 
22 acquisition provided these mechanisms are all voluntary on 
23 the part of the
landowner and do not involve the use of 
24 eminent domain.

25  (3) To develop a systematic and long-term program to 
26 effectively measure
and monitor natural resources and 
 
 
10300HB3817sam002- 82 -LRB103 30519 JDS 62533 a


1 ecological conditions through investments in
technology 
2 and involvement of scientific experts.

3  (4) To initiate strategies to enhance, use, and 
4 maintain Illinois' inland
lakes through education, 
5 technical assistance, research, and financial
incentives.

6  (5) To partner with private landowners and with units 
7 of State, federal, and local government and with 
8 not-for-profit organizations in order to integrate State 
9 and federal programs with Illinois' natural resource 
10 protection and restoration efforts and to meet 
11 requirements to obtain federal and other funds for 
12 conservation or protection of natural resources.
13  (6) To implement the State's Nutrient Loss Reduction 
14 Strategy, including, but not limited to, funding the 
15 resources needed to support the Strategy's Policy Working 
16 Group, cover water quality monitoring in support of 
17 Strategy implementation, prepare a biennial report on the 
18 progress made on the Strategy every 2 years, and provide 
19 cost share funding for nutrient capture projects.
20  (7) To provide capacity grants to support soil and 
21 water conservation districts, including, but not limited 
22 to, developing soil health plans, conducting soil health 
23 assessments, peer-to-peer training, convening 
24 producer-led dialogues, professional development and 
25 travel stipends for meetings and educational events. 

26 (b) The State Comptroller and State Treasurer shall 


 
 
10300HB3817sam002- 83 -LRB103 30519 JDS 62533 a


1automatically transfer
on the last day of each month, 
2beginning on September 30, 1995 and ending on
June 30, 2024 
32023,
from the General Revenue Fund to the Partners for 
4Conservation
Fund,
an
amount equal to 1/10 of the amount set 
5forth below in fiscal year 1996 and
an amount equal to 1/12 of 
6the amount set forth below in each of the other
specified 
7fiscal years:











































8Fiscal Year Amount
91996$ 3,500,000
101997$ 9,000,000
111998$10,000,000
121999$11,000,000
132000$12,500,000
142001 through 2004$14,000,000
152005
$7,000,000
162006
$11,000,000

172007
$0

182008 through 2011
$14,000,000

192012 $12,200,000 
202013 through 2017 $14,000,000
212018 $1,500,000 
222019 $14,000,000 
232020 $7,500,000 
242021 through 2023 $14,000,000 
252024 $18,000,000 
26 (c) The State Comptroller and State Treasurer shall 
 
 
10300HB3817sam002- 84 -LRB103 30519 JDS 62533 a


1automatically transfer on the last day of each month beginning 
2on July 31, 2021 and ending June 30, 2022, from the 
3Environmental Protection Permit and Inspection Fund to the 
4Partners for Conservation Fund, an amount equal to 1/12 of 
5$4,135,000.

6 (c-1) The State Comptroller and State Treasurer shall 
7automatically transfer on the last day of each month beginning 
8on July 31, 2022 and ending June 30, 2023, from the 
9Environmental Protection Permit and Inspection Fund to the 
10Partners for Conservation Fund, an amount equal to 1/12 of 
11$5,900,000. 
12 (d) There shall be deposited into the Partners for

13Conservation Projects Fund such
bond proceeds and other moneys 
14as may, from time to time, be provided by law.

15(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21; 
16102-699, eff. 4-19-22.)





17 (30 ILCS 105/6z-35)



18 Sec. 6z-35. 
There is hereby created in the State Treasury 
19a special fund
to be known as the Live and Learn Fund. The 
20Comptroller and the Treasurer
shall transfer $1,742,000 from 
21the General Revenue Fund into the Live and Learn
Fund each 
22month. The first transfer shall be made 60 days after the 
23effective
date of this amendatory Act of 1993, with subsequent 
24transfers occurring on the
first of each month. Moneys 
25deposited into the Fund may, subject to
appropriation, be used 
 
 
10300HB3817sam002- 85 -LRB103 30519 JDS 62533 a


1by the Secretary of State for any or all of the
following 
2purposes:


3  (a) An organ donation awareness or education program.


4  (b) To provide additional funds for all types of 
5 library grants as
authorized and administered by the 
6 Secretary of State as State Librarian.

7 On July 1, 2023, any future deposits due to the Live and 
8Learn Fund and any outstanding obligations or liabilities of 
9that Fund shall pass to the General Revenue Fund. On November 
101, 2023, or as soon thereafter as practical, the State 
11Comptroller shall direct and the State Treasurer shall 
12transfer the remaining balance from the Live and Learn Fund 
13into the Secretary of State Special Services Fund. This 
14Section is repealed on January 1, 2024. 
15(Source: P.A. 88-78.)





16 (30 ILCS 105/6z-43)



17 Sec. 6z-43. Tobacco Settlement Recovery Fund. 

18 (a) There is created in the State Treasury a special fund 
19to be known
as the Tobacco Settlement Recovery Fund, which 
20shall contain 3 accounts: (i) the General Account, (ii) the 
21Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco 
22Settlement Residual Account. There shall be deposited into the 
23several accounts of the Tobacco Settlement Recovery Fund
and 
24the Attorney General Tobacco Fund all monies paid to the State 
25pursuant to (1) the Master Settlement Agreement
entered in the 
 
 
10300HB3817sam002- 86 -LRB103 30519 JDS 62533 a


1case of People of the State of Illinois v. Philip Morris, et 
2al.
(Circuit Court of Cook County, No. 96-L13146) and (2) any 
3settlement with or
judgment against any tobacco product 
4manufacturer other than one participating
in the Master 
5Settlement Agreement in satisfaction of any released claim as

6defined in the Master Settlement Agreement, as well as any 
7other monies as
provided by law. Moneys shall be deposited 
8into
the Tobacco Settlement Bond Proceeds Account and the 
9Tobacco Settlement Residual Account as provided by the terms 
10of the Railsplitter Tobacco Settlement Authority Act, provided 
11that an annual amount not less than $2,500,000, subject to 
12appropriation, shall be deposited into the Attorney General 
13Tobacco Fund for use only by the Attorney General's office. 
14The scheduled $2,500,000 deposit into the Tobacco Settlement 
15Residual Account for fiscal year 2011 should be transferred to 
16the Attorney General Tobacco Fund in fiscal year 2012 as soon 
17as this fund has been established. All other moneys available 
18to be deposited into the Tobacco Settlement Recovery Fund 
19shall be deposited into the General Account. An investment 
20made from moneys credited to a specific account constitutes 
21part of that account and such account shall be credited with 
22all income from the investment of such moneys. The Treasurer

23may invest the moneys in the several accounts of the Fund in 
24the same manner, in the same types of
investments, and subject 
25to the same limitations provided in the Illinois
Pension Code 
26for the investment of pension funds other than those 
 
 
10300HB3817sam002- 87 -LRB103 30519 JDS 62533 a


1established
under Article 3 or 4 of the Code. Notwithstanding 
2the foregoing, to the extent necessary to preserve the 
3tax-exempt status of any bonds issued pursuant to the 
4Railsplitter Tobacco Settlement Authority Act, the interest on 
5which is intended to be excludable from the gross income of the 
6owners for federal income tax purposes, moneys on deposit in 
7the Tobacco Settlement Bond Proceeds Account and the Tobacco 
8Settlement Residual Account may be invested in obligations the 
9interest upon which is tax-exempt under the provisions of 
10Section 103 of the Internal Revenue Code of 1986, as now or 
11hereafter amended, or any successor code or provision. 

12 (b) Moneys on deposit in the Tobacco Settlement Bond 
13Proceeds Account and the Tobacco Settlement Residual Account 
14may be expended, subject to appropriation, for the purposes 
15authorized in subsection (g) of Section 3-6 of the 
16Railsplitter Tobacco Settlement Authority Act. 
17 (b-5) Moneys on deposit in the Tobacco Settlement Recovery 
18Fund may be expended, subject to appropriation, for payments 
19pursuant to Section 2.13 of the Governor's Office of 
20Management and Budget Act. 
21 (c) As soon as may be practical after June 30, 2001, upon 
22notification
from and at the direction of the Governor, the 
23State Comptroller shall direct
and the State Treasurer shall 
24transfer the unencumbered balance in the Tobacco
Settlement 
25Recovery Fund as of June 30, 2001, as determined by the 
26Governor,
into the Budget Stabilization Fund. The Treasurer 
 
 
10300HB3817sam002- 88 -LRB103 30519 JDS 62533 a


1may invest the moneys in the
Budget Stabilization Fund in the 
2same manner, in the same types of investments,
and subject to 
3the same limitations provided in the Illinois Pension Code for

4the investment of pension funds other than those established 
5under Article 3 or
4 of the Code.

6 (d) All federal financial participation moneys received

7pursuant to expenditures from the Fund shall be deposited into 
8the General Account.

9(Source: P.A. 99-78, eff. 7-20-15.)


10 (30 ILCS 105/6z-100)
11 (Section scheduled to be repealed on July 1, 2023)
12 Sec. 6z-100. Capital Development Board Revolving Fund; 
13payments into and use. All monies received by the Capital 
14Development Board for publications or copies issued by the 
15Board, and all monies received for contract administration 
16fees, charges, or reimbursements owing to the Board shall be 
17deposited into a special fund known as the Capital Development 
18Board Revolving Fund, which is hereby created in the State 
19treasury. The monies in this Fund shall be used by the Capital 
20Development Board, as appropriated, for expenditures for 
21personal services, retirement, social security, contractual 
22services, legal services, travel, commodities, printing, 
23equipment, electronic data processing, or telecommunications. 
24For fiscal year 2021 and thereafter, the monies in this Fund 
25may also be appropriated to and used by the Executive Ethics 
 
 
10300HB3817sam002- 89 -LRB103 30519 JDS 62533 a


1Commission for oversight and administration of the Chief 
2Procurement Officer appointed under paragraph (1) of 
3subsection (a) of Section 10-20 of the Illinois Procurement 
4Code. Unexpended moneys in the Fund shall not be transferred 
5or allocated by the Comptroller or Treasurer to any other 
6fund, nor shall the Governor authorize the transfer or 
7allocation of those moneys to any other fund. This Section is 
8repealed July 1, 2025 2023.

9(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 
10101-645, eff. 6-26-20; 102-16, eff. 6-17-21; 102-699, eff. 
114-19-22.)

12 (30 ILCS 105/6z-121)
13 Sec. 6z-121. State Coronavirus Urgent Remediation 
14Emergency Fund.
15 (a) The State Coronavirus Urgent Remediation Emergency 
16(State CURE) Fund is created as a federal trust fund within the 
17State treasury. The State CURE Fund shall be held separate and 
18apart from all other funds in the State treasury. The State 
19CURE Fund is established: (1) to receive, directly or 
20indirectly, federal funds from the Coronavirus Relief Fund in 
21accordance with Section 5001 of the federal Coronavirus Aid, 
22Relief, and Economic Security (CARES) Act, the Coronavirus 
23State Fiscal Recovery Fund in accordance with Section 9901 of 
24the American Rescue Plan Act of 2021, or from any other federal 
25fund pursuant to any other provision of the American Rescue 
 
 
10300HB3817sam002- 90 -LRB103 30519 JDS 62533 a


1Plan Act of 2021 or any other federal law; and (2) to provide 
2for the transfer, distribution and expenditure of such federal 
3funds as permitted in the federal Coronavirus Aid, Relief, and 
4Economic Security (CARES) Act, the American Rescue Plan Act of 
52021, and related federal guidance or any other federal law, 
6and as authorized by this Section.
7 (b) Federal funds received by the State from the 
8Coronavirus Relief Fund in accordance with Section 5001 of the 
9federal Coronavirus Aid, Relief, and Economic Security (CARES) 
10Act, the Coronavirus State Fiscal Recovery Fund in accordance 
11with Section 9901 of the American Rescue Plan Act of 2021, or 
12any other federal funds received pursuant to the American 
13Rescue Plan Act of 2021 or any other federal law, may be 
14deposited, directly or indirectly, into the State CURE Fund.
15 (c) Funds in the State CURE Fund may be expended, subject 
16to appropriation, directly for purposes permitted under the 
17federal law and related federal guidance governing the use of 
18such funds, which may include without limitation purposes 
19permitted in Section 5001 of the CARES Act and Sections 3201, 
203206, and 9901 of the American Rescue Plan Act of 2021, or as 
21otherwise provided by law and consistent with appropriations 
22of the General Assembly. All federal funds received into the 
23State CURE Fund from the Coronavirus Relief Fund, the 
24Coronavirus State Fiscal Recovery Fund, or any other source 
25under the American Rescue Plan Act of 2021, may be 
26transferred, expended, or returned by the Illinois Emergency 
 
 
10300HB3817sam002- 91 -LRB103 30519 JDS 62533 a


1Management Agency at the direction of the Governor for the 
2specific purposes permitted by the federal Coronavirus Aid, 
3Relief, and Economic Security (CARES) Act, the American Rescue 
4Plan Act of 2021, any related regulations or federal guidance, 
5and any terms and conditions of the federal awards received by 
6the State thereunder. The State Comptroller shall direct and 
7the State Treasurer shall transfer, as directed by the 
8Governor in writing, a portion of the federal funds received 
9from the Coronavirus Relief Fund or from any other federal 
10fund pursuant to any other provision of federal law to the 
11Local Coronavirus Urgent Remediation Emergency (Local CURE) 
12Fund from time to time for the provision and administration of 
13grants to units of local government as permitted by the 
14federal Coronavirus Aid, Relief, and Economic Security (CARES) 
15Act, any related federal guidance, and any other additional 
16federal law that may provide authorization. The State 
17Comptroller shall direct and the State Treasurer shall 
18transfer amounts, as directed by the Governor in writing, from 
19the State CURE Fund to the Essential Government Services 
20Support Fund to be used for the provision of government 
21services as permitted under Section 602(c)(1)(C) of the Social 
22Security Act as enacted by Section 9901 of the American Rescue 
23Plan Act and related federal guidance. Funds in the State CURE 
24Fund also may be transferred to other funds in the State 
25treasury as reimbursement for expenditures made from such 
26other funds if the expenditures are eligible for federal 
 
 
10300HB3817sam002- 92 -LRB103 30519 JDS 62533 a


1reimbursement under Section 5001 of the federal Coronavirus 
2Aid, Relief, and Economic Security (CARES) Act, the relevant 
3provisions of the American Rescue Plan Act of 2021, or any 
4related federal guidance.
5 (d) Once the General Assembly has enacted appropriations 
6from the State CURE Fund, the expenditure of funds from the 
7State CURE Fund shall be subject to appropriation by the 
8General Assembly, and shall be administered by the Illinois 
9Emergency Management Agency at the direction of the Governor. 
10The Illinois Emergency Management Agency, and other agencies 
11as named in appropriations, shall transfer, distribute or 
12expend the funds. The State Comptroller shall direct and the 
13State Treasurer shall transfer funds in the State CURE Fund to 
14other funds in the State treasury as reimbursement for 
15expenditures made from such other funds if the expenditures 
16are eligible for federal reimbursement under Section 5001 of 
17the federal Coronavirus Aid, Relief, and Economic Security 
18(CARES) Act, the relevant provisions of the American Rescue 
19Plan Act of 2021, or any related federal guidance, as directed 
20in writing by the Governor. Additional funds that may be 
21received from the federal government from legislation enacted 
22in response to the impact of Coronavirus Disease 2019, 
23including fiscal stabilization payments that replace revenues 
24lost due to Coronavirus Disease 2019, The State Comptroller 
25may direct and the State Treasurer shall transfer in the 
26manner authorized or required by any related federal guidance, 
 
 
10300HB3817sam002- 93 -LRB103 30519 JDS 62533 a


1as directed in writing by the Governor.
2 (e) The Illinois Emergency Management Agency, in 
3coordination with the Governor's Office of Management and 
4Budget, shall identify amounts derived from the State's 
5Coronavirus Relief Fund allocation and transferred from the 
6State CURE Fund as directed by the Governor under this Section 
7that remain unobligated and unexpended for the period that 
8ended on December 31, 2021. The Agency shall certify to the 
9State Comptroller and the State Treasurer the amounts 
10identified as unobligated and unexpended. The State 
11Comptroller shall direct and the State Treasurer shall 
12transfer the unobligated and unexpended funds identified by 
13the Agency and held in other funds of the State Treasury under 
14this Section to the State CURE Fund. Unexpended funds in the 
15State CURE Fund shall be paid back to the federal government at 
16the direction of the Governor.

17 (f) In addition to any other transfers that may be 
18provided for by law, at the direction of the Governor, the 
19State Comptroller shall direct and the State Treasurer shall 
20transfer the sum of $24,523,000 from the State CURE Fund to the 
21Chicago Travel Industry Promotion Fund.
22 (g) In addition to any other transfers that may be 
23provided for by law, at the direction of the Governor, the 
24State Comptroller shall direct and the State Treasurer shall 
25transfer the sum of $30,000,000 from the State CURE Fund to the 
26Metropolitan Pier and Exposition Authority Incentive Fund.
 
 
10300HB3817sam002- 94 -LRB103 30519 JDS 62533 a


1 (h) In addition to any other transfers that may be 
2provided for by law, at the direction of the Governor, the 
3State Comptroller shall direct and the State Treasurer shall 
4transfer the sum of $45,180,000 from the State CURE Fund to the 
5Local Tourism Fund. 
6(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 
7102-699, eff. 4-19-22.)



8 (30 ILCS 105/6z-126)



9 Sec. 6z-126. Law Enforcement Training Fund. The Law 
10Enforcement Training Fund is hereby created as a special fund 
11in the State treasury. Moneys in the Fund shall consist of: (i) 
1290% of the revenue from increasing the insurance producer 
13license fees, as provided under subsection (a-5) of Section 
14500-135 of the Illinois Insurance Code; and (ii) 90% of the 
15moneys collected from auto insurance policy fees under Section 
168.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft 
17Prevention and Insurance Verification Act. This Fund shall be 
18used by the Illinois Law Enforcement Training Standards Board 
19for the following purposes: (i) to fund law enforcement 
20certification compliance; (ii) for and the development and 
21provision of basic courses by Board-approved academics, and 
22in-service courses by approved academies; and (iii) for the 
23ordinary and contingent expenses of the Illinois Law 
24Enforcement Training Standards Board.

25(Source: P.A. 102-16, eff. 6-17-21; 102-904, eff. 1-1-23; 
 
 
10300HB3817sam002- 95 -LRB103 30519 JDS 62533 a


1102-1071, eff. 6-10-22; revised 12-13-22.)

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

23 provisions of laws relating thereto, or for any purpose 
24 related or
incident to and connected therewith, including 
25 the separation of grades
of those highways with railroads 
 
 
10300HB3817sam002- 96 -LRB103 30519 JDS 62533 a


1 and with highways and including the
payment of awards made 
2 by the Illinois Workers' Compensation Commission under the 
3 terms of
the Workers' Compensation Act or Workers' 
4 Occupational Diseases Act for
injury or death of an 
5 employee of the Division of Highways in the
Department of 
6 Transportation; or for the acquisition of land and the

7 erection of buildings for highway purposes, including the 
8 acquisition of
highway right-of-way or for investigations 
9 to determine the reasonably
anticipated future highway 
10 needs; or for making of surveys, plans,
specifications and 
11 estimates for and in the construction and maintenance
of 
12 flight strips and of highways necessary to provide access 
13 to military
and naval reservations, to defense industries 
14 and defense-industry
sites, and to the sources of raw 
15 materials and for replacing existing
highways and highway 
16 connections shut off from general public use at
military 
17 and naval reservations and defense-industry sites, or for 
18 the
purchase of right-of-way, except that the State shall 
19 be reimbursed in
full for any expense incurred in building 
20 the flight strips; or for the
operating and maintaining of 
21 highway garages; or for patrolling and
policing the public 
22 highways and conserving the peace; or for the operating 
23 expenses of the Department relating to the administration 
24 of public transportation programs; or, during fiscal year 
25 2022, for the purposes of a grant not to exceed $8,394,800 
26 to the Regional Transportation Authority on behalf of PACE 
 
 
10300HB3817sam002- 97 -LRB103 30519 JDS 62533 a


1 for the purpose of ADA/Para-transit expenses; or, during 
2 fiscal year 2023, for the purposes of a grant not to exceed 
3 $8,394,800 to the Regional Transportation Authority on 
4 behalf of PACE for the purpose of ADA/Para-transit 
5 expenses; or, during fiscal year 2024, for the purposes of 
6 a grant not to exceed $9,108,400 to the Regional 
7 Transportation Authority on behalf of PACE for the purpose 
8 of ADA/Para-transit expenses; or for any of
those purposes 
9 or any other purpose that may be provided by law.
10 Appropriations for any of those purposes are payable from 
11the Road
Fund. Appropriations may also be made from the Road 
12Fund for the
administrative expenses of any State agency that 
13are related to motor
vehicles or arise from the use of motor 
14vehicles.
15 Beginning with fiscal year 1980 and thereafter, no Road 
16Fund monies
shall be appropriated to the following Departments 
17or agencies of State
government for administration, grants, or 
18operations; but this
limitation is not a restriction upon 
19appropriating for those purposes any
Road Fund monies that are 
20eligible for federal reimbursement:
21  1. Department of Public Health;
22  2. Department of Transportation, only with respect to 
23 subsidies for
one-half fare Student Transportation and 
24 Reduced Fare for Elderly, except fiscal year 2022 when no 
25 more than $17,570,000 may be expended and except fiscal 
26 year 2023 when no more than $17,570,000 may be expended 
 
 
10300HB3817sam002- 98 -LRB103 30519 JDS 62533 a


1 and except fiscal year 2024 when no more than $19,063,500 
2 may be expended;
3  3. Department of Central Management
Services, except 
4 for expenditures
incurred for group insurance premiums of 
5 appropriate personnel;
6  4. Judicial Systems and Agencies.
7 Beginning with fiscal year 1981 and thereafter, no Road 
8Fund monies
shall be appropriated to the following Departments 
9or agencies of State
government for administration, grants, or 
10operations; but this
limitation is not a restriction upon 
11appropriating for those purposes any
Road Fund monies that are 
12eligible for federal reimbursement:
13  1. Illinois State Police, except for expenditures with

14 respect to the Division of Patrol Operations and Division 
15 of Criminal Investigation;
16  2. Department of Transportation, only with respect to 
17 Intercity Rail
Subsidies, except fiscal year 2022 when no 
18 more than $50,000,000 may be expended and except fiscal 
19 year 2023 when no more than $55,000,000 may be expended 
20 and except fiscal year 2024 when no more than $60,000,000 
21 may be expended, and Rail Freight Services.
22 Beginning with fiscal year 1982 and thereafter, no Road 
23Fund monies
shall be appropriated to the following Departments 
24or agencies of State
government for administration, grants, or 
25operations; but this
limitation is not a restriction upon 
26appropriating for those purposes any
Road Fund monies that are 
 
 
10300HB3817sam002- 99 -LRB103 30519 JDS 62533 a


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

26accordance with the provisions of this Section.
 
 
10300HB3817sam002- 100 -LRB103 30519 JDS 62533 a


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

26 reconstruction, maintenance, repair, and operation of 
 
 
10300HB3817sam002- 101 -LRB103 30519 JDS 62533 a


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

26this Section in excess of its total fiscal year 1990 Road Fund

 
 
10300HB3817sam002- 102 -LRB103 30519 JDS 62533 a


1appropriations for those purposes unless otherwise provided in 
2Section 5g of
this Act.
For fiscal years 2003,
2004, 2005, 
32006, and 2007 only, no Road Fund monies shall
be appropriated 
4to the
Department of State Police for the purposes of this 
5Section in excess of
$97,310,000.
For fiscal year 2008 only, 
6no Road
Fund monies shall be appropriated to the Department of 
7State Police for the purposes of
this Section in excess of 
8$106,100,000. For fiscal year 2009 only, no Road Fund monies 
9shall be appropriated to the Department of State Police for 
10the purposes of this Section in excess of $114,700,000. 
11Beginning in fiscal year 2010, no road fund moneys shall be 
12appropriated to the Illinois State Police. It shall not be 
13lawful to circumvent this limitation on
appropriations by 
14governmental reorganization or other methods unless
otherwise 
15provided in Section 5g of this Act.
16 In fiscal year 1994, no Road Fund monies shall be 
17appropriated
to the
Secretary of State for the purposes of 
18this Section in excess of the total
fiscal year 1991 Road Fund 
19appropriations to the Secretary of State for
those purposes, 
20plus $9,800,000. It
shall not be
lawful to circumvent
this 
21limitation on appropriations by governmental reorganization or 
22other
method.
23 Beginning with fiscal year 1995 and thereafter, no Road 
24Fund
monies
shall be appropriated to the Secretary of State 
25for the purposes of this
Section in excess of the total fiscal 
26year 1994 Road Fund
appropriations to
the Secretary of State 
 
 
10300HB3817sam002- 103 -LRB103 30519 JDS 62533 a


1for those purposes. It shall not be lawful to
circumvent this 
2limitation on appropriations by governmental reorganization
or 
3other methods.
4 Beginning with fiscal year 2000, total Road Fund 
5appropriations to the
Secretary of State for the purposes of 
6this Section shall not exceed the
amounts specified for the 
7following fiscal years:
8 Fiscal Year 2000$80,500,000;
9 Fiscal Year 2001$80,500,000;
10 Fiscal Year 2002$80,500,000;
11 Fiscal Year 2003$130,500,000;
12 Fiscal Year 2004$130,500,000;
13 Fiscal Year 2005$130,500,000;

14 Fiscal Year 2006
$130,500,000;

15 Fiscal Year 2007
$130,500,000;

16 Fiscal Year 2008$130,500,000; 
17 Fiscal Year 2009 $130,500,000. 
18 For fiscal year 2010, no road fund moneys shall be 
19appropriated to the Secretary of State. 
20 Beginning in fiscal year 2011, moneys in the Road Fund 
21shall be appropriated to the Secretary of State for the 
22exclusive purpose of paying refunds due to overpayment of fees 
23related to Chapter 3 of the Illinois Vehicle Code unless 
24otherwise provided for by law. 
25 It shall not be lawful to circumvent this limitation on 
26appropriations by
governmental reorganization or other 
 
 
10300HB3817sam002- 104 -LRB103 30519 JDS 62533 a


1methods.
2 No new program may be initiated in fiscal year 1991 and

3thereafter that is not consistent with the limitations imposed 
4by this
Section for fiscal year 1984 and thereafter, insofar 
5as appropriation of
Road Fund monies is concerned.
6 Nothing in this Section prohibits transfers from the Road 
7Fund to the
State Construction Account Fund under Section 5e 
8of this Act; nor to the
General Revenue Fund, as authorized by 
9Public Act 93-25.
10 The additional amounts authorized for expenditure in this 
11Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91

12shall be repaid to the Road Fund
from the General Revenue Fund 
13in the next succeeding fiscal year that the
General Revenue 
14Fund has a positive budgetary balance, as determined by

15generally accepted accounting principles applicable to 
16government.
17 The additional amounts authorized for expenditure by the 
18Secretary of State
and
the Department of State Police in this 
19Section by Public Act 94-91 shall be repaid to the Road Fund 
20from the General Revenue Fund in the
next
succeeding fiscal 
21year that the General Revenue Fund has a positive budgetary

22balance,
as determined by generally accepted accounting 
23principles applicable to
government.
24(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 
25102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff. 
264-19-22; 102-813, eff. 5-13-22.)



 
 
10300HB3817sam002- 105 -LRB103 30519 JDS 62533 a


1 (30 ILCS 105/8.12)
 (from Ch. 127, par. 144.12)


2 Sec. 8.12. State Pensions Fund. 

3 (a) The moneys in the State Pensions Fund shall be used 
4exclusively
for the administration of the Revised Uniform 
5Unclaimed Property Act and
for the expenses incurred by the 
6Auditor General for administering the provisions of Section 
72-8.1 of the Illinois State Auditing Act and for operational 
8expenses of the Office of the State Treasurer and for the 
9funding of the unfunded liabilities of the designated 
10retirement systems. For the purposes of this Section, 
11"operational expenses of the Office of the State Treasurer" 
12includes the acquisition of land and buildings in State fiscal 
13years 2019 and 2020 for use by the Office of the State 
14Treasurer, as well as construction, reconstruction, 
15improvement, repair, and maintenance, in accordance with the 
16provisions of laws relating thereto, of such lands and 
17buildings beginning in State fiscal year 2019 and thereafter. 
18Beginning in State fiscal year 2025 2024, payments to the 
19designated retirement systems under this Section shall be in 
20addition to, and not in lieu of, any State contributions 
21required under the Illinois Pension Code.

22 "Designated retirement systems" means:

23  (1) the State Employees' Retirement System of 
24 Illinois;

25  (2) the Teachers' Retirement System of the State of 
 
 
10300HB3817sam002- 106 -LRB103 30519 JDS 62533 a


1 Illinois;

2  (3) the State Universities Retirement System;

3  (4) the Judges Retirement System of Illinois; and

4  (5) the General Assembly Retirement System.

5 (b) Each year the General Assembly may make appropriations 
6from
the State Pensions Fund for the administration of the 
7Revised Uniform
Unclaimed Property Act.

8 (c) (Blank). As soon as possible after July 30, 2004 (the 
9effective date of Public Act 93-839), the General Assembly 
10shall appropriate from the State Pensions Fund (1) to the 
11State Universities Retirement System the amount certified 
12under Section 15-165 during the prior year, (2) to the Judges 
13Retirement System of Illinois the amount certified under 
14Section 18-140 during the prior year, and (3) to the General 
15Assembly Retirement System the amount certified under Section 
162-134 during the prior year as part of the required
State 
17contributions to each of those designated retirement systems. 
18If the amount in the State Pensions Fund does not exceed the 
19sum of the amounts certified in Sections 15-165, 18-140, and 
202-134 by at least $5,000,000, the amount paid to each 
21designated retirement system under this subsection shall be 
22reduced in proportion to the amount certified by each of those 
23designated retirement systems.

24 (c-5) For fiscal years 2006 through 2024 2023, the General 
25Assembly shall appropriate from the State Pensions Fund to the 
26State Universities Retirement System the amount estimated to 
 
 
10300HB3817sam002- 107 -LRB103 30519 JDS 62533 a


1be available during the fiscal year in the State Pensions 
2Fund; provided, however, that the amounts appropriated under 
3this subsection (c-5) shall not reduce the amount in the State 
4Pensions Fund below $5,000,000.

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

26Governor's Office of Management and Budget shall utilize the 
 
 
10300HB3817sam002- 108 -LRB103 30519 JDS 62533 a


1latest available audit and actuarial
reports of each of the 
2retirement systems and the relevant reports and
statistics of 
3the Public Employee Pension Fund Division of the Department of

4Insurance.

5 (d-1) (Blank).

6 (e) The changes to this Section made by Public Act 88-593 
7shall
first apply to distributions from the Fund for State 
8fiscal year 1996.

9(Source: P.A. 101-10, eff. 6-5-19; 101-487, eff. 8-23-19; 
10101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-699, eff. 
114-19-22.)


12 (30 ILCS 105/8g-1)
13 Sec. 8g-1. Fund transfers. 
14 (a) (Blank).

15 (b) (Blank).
16 (c) (Blank).
17 (d) (Blank).
18 (e) (Blank).
19 (f) (Blank).
20 (g) (Blank).
21 (h) (Blank).
22 (i) (Blank).
23 (j) (Blank).
24 (k) (Blank).
25 (l) (Blank).
 
 
10300HB3817sam002- 109 -LRB103 30519 JDS 62533 a


1 (m) (Blank).
2 (n) (Blank).
3 (o) (Blank).
4 (p) (Blank).
5 (q) (Blank).
6 (r) (Blank).
7 (s) (Blank).
8 (t) (Blank).
9 (u) In addition to any other transfers that may be 
10provided for by law, on July 1, 2021, or as soon thereafter as 
11practical, only as directed by the Director of the Governor's 
12Office of Management and Budget, the State Comptroller shall 
13direct and the State Treasurer shall transfer the sum of 
14$5,000,000 from the General Revenue Fund to the DoIT Special 
15Projects Fund, and on June 1, 2022, or as soon thereafter as 
16practical, but no later than June 30, 2022, the State 
17Comptroller shall direct and the State Treasurer shall 
18transfer the sum so transferred from the DoIT Special Projects 
19Fund to the General Revenue Fund.
20 (v) In addition to any other transfers that may be 
21provided for by law, on July 1, 2021, or as soon thereafter as 
22practical, the State Comptroller shall direct and the State 
23Treasurer shall transfer the sum of $500,000 from the General 
24Revenue Fund to the Governor's Administrative Fund.
25 (w) In addition to any other transfers that may be 
26provided for by law, on July 1, 2021, or as soon thereafter as 
 
 
10300HB3817sam002- 110 -LRB103 30519 JDS 62533 a


1practical, the State Comptroller shall direct and the State 
2Treasurer shall transfer the sum of $500,000 from the General 
3Revenue Fund to the Grant Accountability and Transparency 
4Fund.
5 (x) In addition to any other transfers that may be 
6provided for by law, at a time or times during Fiscal Year 2022 
7as directed by the Governor, the State Comptroller shall 
8direct and the State Treasurer shall transfer up to a total of 
9$20,000,000 from the General Revenue Fund to the Illinois 
10Sports Facilities Fund to be credited to the Advance Account 
11within the Fund. 
12 (y) In addition to any other transfers that may be 
13provided for by law, on June 15, 2021, or as soon thereafter as 
14practical, but no later than June 30, 2021, the State 
15Comptroller shall direct and the State Treasurer shall 
16transfer the sum of $100,000,000 from the General Revenue Fund 
17to the Technology Management Revolving Fund. 
18 (z) In addition to any other transfers that may be 
19provided for by law, on April 19, 2022 (the effective date of 
20Public Act 102-699), or as soon thereafter as practical, but 
21no later than June 30, 2022, the State Comptroller shall 
22direct and the State Treasurer shall transfer the sum of 
23$148,000,000 from the General Revenue Fund to the Build 
24Illinois Bond Fund.
25 (aa) In addition to any other transfers that may be 
26provided for by law, on April 19, 2022 (the effective date of 
 
 
10300HB3817sam002- 111 -LRB103 30519 JDS 62533 a


1Public Act 102-699), or as soon thereafter as practical, but 
2no later than June 30, 2022, the State Comptroller shall 
3direct and the State Treasurer shall transfer the sum of 
4$180,000,000 from the General Revenue Fund to the Rebuild 
5Illinois Projects Fund.
6 (bb) In addition to any other transfers that may be 
7provided for by law, on July 1, 2022, or as soon thereafter as 
8practical, the State Comptroller shall direct and the State 
9Treasurer shall transfer the sum of $500,000 from the General 
10Revenue Fund to the Governor's Administrative Fund.
11 (cc) In addition to any other transfers that may be 
12provided for by law, on July 1, 2022, or as soon thereafter as 
13practical, the State Comptroller shall direct and the State 
14Treasurer shall transfer the sum of $500,000 from the General 
15Revenue Fund to the Grant Accountability and Transparency 
16Fund. 
17 (dd) In addition to any other transfers that may be 
18provided by law, on April 19, 2022 (the effective date of 
19Public Act 102-700), or as soon thereafter as practical, but 
20no later than June 30, 2022, the State Comptroller shall 
21direct and the State Treasurer shall transfer the sum of 
22$685,000,000 from the General Revenue Fund to the Income Tax 
23Refund Fund. Moneys from this transfer shall be used for the 
24purpose of making the one-time rebate payments provided under 
25Section 212.1 of the Illinois Income Tax Act. 
26 (ee) In addition to any other transfers that may be 
 
 
10300HB3817sam002- 112 -LRB103 30519 JDS 62533 a


1provided by law, beginning on April 19, 2022 (the effective 
2date of Public Act 102-700) and until December 31, 2023, at the 
3direction of the Department of Revenue, the State Comptroller 
4shall direct and the State Treasurer shall transfer from the 
5General Revenue Fund to the Income Tax Refund Fund any amounts 
6needed beyond the amounts transferred in subsection (dd) to 
7make payments of the one-time rebate payments provided under 
8Section 212.1 of the Illinois Income Tax Act. 
9 (ff) In addition to any other transfers that may be 
10provided for by law, on April 19, 2022 (the effective date of 
11Public Act 102-700), or as soon thereafter as practical, but 
12no later than June 30, 2022, the State Comptroller shall 
13direct and the State Treasurer shall transfer the sum of 
14$720,000,000 from the General Revenue Fund to the Budget 
15Stabilization Fund.
16 (gg) In addition to any other transfers that may be 
17provided for by law, on July 1, 2022, or as soon thereafter as 
18practical, the State Comptroller shall direct and the State 
19Treasurer shall transfer the sum of $280,000,000 from the 
20General Revenue Fund to the Budget Stabilization Fund.
21 (hh) In addition to any other transfers that may be 
22provided for by law, on July 1, 2022, or as soon thereafter as 
23practical, the State Comptroller shall direct and the State 
24Treasurer shall transfer the sum of $200,000,000 from the 
25General Revenue Fund to the Pension Stabilization Fund.
26 (ii) In addition to any other transfers that may be 
 
 
10300HB3817sam002- 113 -LRB103 30519 JDS 62533 a


1provided for by law, on January 1, 2023, or as soon thereafter 
2as practical, the State Comptroller shall direct and the State 
3Treasurer shall transfer the sum of $850,000,000 from the 
4General Revenue Fund to the Budget Stabilization Fund.
5 (jj) In addition to any other transfers that may be 
6provided for by law, at a time or times during Fiscal Year 2023 
7as directed by the Governor, the State Comptroller shall 
8direct and the State Treasurer shall transfer up to a total of 
9$400,000,000 from the General Revenue Fund to the Large 
10Business Attraction Fund.
11 (kk) In addition to any other transfers that may be 
12provided for by law, on January 1, 2023, or as soon thereafter 
13as practical, the State Comptroller shall direct and the State 
14Treasurer shall transfer the sum of $72,000,000 from the 
15General Revenue Fund to the Disaster Response and Recovery 
16Fund. 
17 (ll) In addition to any other transfers that may be 
18provided for by law, on the effective date of this amendatory 
19Act of the 103rd General Assembly, or as soon thereafter as 
20practical, but no later than June 30, 2023, the State 
21Comptroller shall direct and the State Treasurer shall 
22transfer the sum of $200,000,000 from the General Revenue Fund 
23to the Pension Stabilization Fund.
24 (mm) In addition to any other transfers that may be 
25provided for by law, beginning on the effective date of this 
26amendatory Act of the 103rd General Assembly and until June 
 
 
10300HB3817sam002- 114 -LRB103 30519 JDS 62533 a


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



 
 
10300HB3817sam002- 115 -LRB103 30519 JDS 62533 a


1 (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)

2 Sec. 13.2. Transfers among line item appropriations. 
3 (a) Transfers among line item appropriations from the same

4treasury fund for the objects specified in this Section may be 
5made in
the manner provided in this Section when the balance 
6remaining in one or
more such line item appropriations is 
7insufficient for the purpose for
which the appropriation was 
8made.
9 (a-1) No transfers may be made from one
agency to another 
10agency, nor may transfers be made from one institution
of 
11higher education to another institution of higher education 
12except as provided by subsection (a-4).

13 (a-2) Except as otherwise provided in this Section, 
14transfers may be made only among the objects of expenditure 
15enumerated
in this Section, except that no funds may be 
16transferred from any
appropriation for personal services, from 
17any appropriation for State
contributions to the State 
18Employees' Retirement System, from any
separate appropriation 
19for employee retirement contributions paid by the
employer, 
20nor from any appropriation for State contribution for
employee 
21group insurance.

22 (a-2.5) (Blank). 
23 (a-3) Further, if an agency receives a separate

24appropriation for employee retirement contributions paid by 
25the employer,
any transfer by that agency into an 
 
 
10300HB3817sam002- 116 -LRB103 30519 JDS 62533 a


1appropriation for personal services
must be accompanied by a 
2corresponding transfer into the appropriation for
employee 
3retirement contributions paid by the employer, in an amount

4sufficient to meet the employer share of the employee 
5contributions
required to be remitted to the retirement 
6system.
7 (a-4) Long-Term Care Rebalancing. The Governor may 
8designate amounts set aside for institutional services 
9appropriated from the General Revenue Fund or any other State 
10fund that receives monies for long-term care services to be 
11transferred to all State agencies responsible for the 
12administration of community-based long-term care programs, 
13including, but not limited to, community-based long-term care 
14programs administered by the Department of Healthcare and 
15Family Services, the Department of Human Services, and the 
16Department on Aging, provided that the Director of Healthcare 
17and Family Services first certifies that the amounts being 
18transferred are necessary for the purpose of assisting persons 
19in or at risk of being in institutional care to transition to 
20community-based settings, including the financial data needed 
21to prove the need for the transfer of funds. The total amounts 
22transferred shall not exceed 4% in total of the amounts 
23appropriated from the General Revenue Fund or any other State 
24fund that receives monies for long-term care services for each 
25fiscal year. A notice of the fund transfer must be made to the 
26General Assembly and posted at a minimum on the Department of 
 
 
10300HB3817sam002- 117 -LRB103 30519 JDS 62533 a


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

21and Group Homes and Prevention, and Purchase of Adoption and 
22Guardianship
Services.
23 The Department on Aging is authorized to make transfers 
24not
exceeding 10% of the aggregate amount appropriated to it 
25within the same
treasury fund for the following Community Care 
26Program line items among these
same line items: purchase of 
 
 
10300HB3817sam002- 118 -LRB103 30519 JDS 62533 a


1services covered by the Community Care Program and 
2Comprehensive Case Coordination.
3 The State Board of Education is authorized to make 
4transfers from line item appropriations within the same 
5treasury fund for General State Aid, General State Aid - Hold 
6Harmless, and Evidence-Based Funding, provided that no such 
7transfer may be made unless the amount transferred is no 
8longer required for the purpose for which that appropriation 
9was made, to the line item appropriation for Transitional 
10Assistance when the balance remaining in such line item 
11appropriation is insufficient for the purpose for which the 
12appropriation was made.
13 The State Board of Education is authorized to make 
14transfers between the following line item appropriations 
15within the same treasury fund: Disabled Student 
16Services/Materials (Section 14-13.01 of the School Code), 
17Disabled Student Transportation Reimbursement (Section 
1814-13.01 of the School Code), Disabled Student Tuition - 
19Private Tuition (Section 14-7.02 of the School Code), 
20Extraordinary Special Education (Section 14-7.02b of the 
21School Code), Reimbursement for Free Lunch/Breakfast Program, 
22Summer School Payments (Section 18-4.3 of the School Code), 
23and Transportation - Regular/Vocational Reimbursement (Section 
2429-5 of the School Code). Such transfers shall be made only 
25when the balance remaining in one or more such line item 
26appropriations is insufficient for the purpose for which the 
 
 
10300HB3817sam002- 119 -LRB103 30519 JDS 62533 a


1appropriation was made and provided that no such transfer may 
2be made unless the amount transferred is no longer required 
3for the purpose for which that appropriation was made. 
4 The Department of Healthcare and Family Services is 
5authorized to make transfers not exceeding 4% of the aggregate 
6amount appropriated to it, within the same treasury fund, 
7among the various line items appropriated for Medical 
8Assistance. 
9 The Department of Central Management Services is 
10authorized to make transfers not exceeding 2% of the aggregate 
11amount appropriated to it, within the same treasury fund, from 
12the various line items appropriated to the Department, into 
13the following line item appropriations: auto liability claims 
14and related expenses and payment of claims under the State 
15Employee Indemnification Act.
16 (c) The sum of such transfers for an agency in a fiscal 
17year shall not
exceed 2% of the aggregate amount appropriated 
18to it within the same treasury
fund for the following objects: 
19Personal Services; Extra Help; Student and
Inmate 
20Compensation; State Contributions to Retirement Systems; State

21Contributions to Social Security; State Contribution for 
22Employee Group
Insurance; Contractual Services; Travel; 
23Commodities; Printing; Equipment;
Electronic Data Processing; 
24Operation of Automotive Equipment;
Telecommunications 
25Services; Travel and Allowance for Committed, Paroled
and 
26Discharged Prisoners; Library Books; Federal Matching Grants 
 
 
10300HB3817sam002- 120 -LRB103 30519 JDS 62533 a


1for
Student Loans; Refunds; Workers' Compensation, 
2Occupational Disease, and
Tort Claims; Late Interest Penalties 
3under the State Prompt Payment Act and Sections 368a and 370a 
4of the Illinois Insurance Code; and, in appropriations to 
5institutions of higher education,
Awards and Grants. 
6Notwithstanding the above, any amounts appropriated for

7payment of workers' compensation claims to an agency to which 
8the authority
to evaluate, administer and pay such claims has 
9been delegated by the
Department of Central Management 
10Services may be transferred to any other
expenditure object 
11where such amounts exceed the amount necessary for the
payment 
12of such claims.
13 (c-1) (Blank).
14 (c-2) (Blank).

15 (c-3) (Blank). 
16 (c-4) (Blank).
17 (c-5) (Blank). 
18 (c-6) (Blank). 
19 (c-7) (Blank). 
20 (c-8) (Blank). Special provisions for State fiscal year 
212022. Notwithstanding any other provision of this Section, for 
22State fiscal year 2022, transfers among line item 
23appropriations to a State agency from the same State treasury 
24fund may be made for operational or lump sum expenses only, 
25provided that the sum of such transfers for a State agency in 
26State fiscal year 2022 shall not exceed 4% of the aggregate 
 
 
10300HB3817sam002- 121 -LRB103 30519 JDS 62533 a


1amount appropriated to that State agency for operational or 
2lump sum expenses for State fiscal year 2022. For the purpose 
3of this subsection, "operational or lump sum expenses" 
4includes the following objects: personal services; extra help; 
5student and inmate compensation; State contributions to 
6retirement systems; State contributions to social security; 
7State contributions for employee group insurance; contractual 
8services; travel; commodities; printing; equipment; electronic 
9data processing; operation of automotive equipment; 
10telecommunications services; travel and allowance for 
11committed, paroled, and discharged prisoners; library books; 
12federal matching grants for student loans; refunds; workers' 
13compensation, occupational disease, and tort claims; Late 
14Interest Penalties under the State Prompt Payment Act and 
15Sections 368a and 370a of the Illinois Insurance Code; lump 
16sum and other purposes; and lump sum operations. For the 
17purpose of this subsection, "State agency" does not include 
18the Attorney General, the Secretary of State, the Comptroller, 
19the Treasurer, or the judicial or legislative branches. 
20 (c-9) Special provisions for State fiscal year 2023. 
21Notwithstanding any other provision of this Section, for State 
22fiscal year 2023, transfers among line item appropriations to 
23a State agency from the same State treasury fund may be made 
24for operational or lump sum expenses only, provided that the 
25sum of such transfers for a State agency in State fiscal year 
262023 shall not exceed 4% of the aggregate amount appropriated 
 
 
10300HB3817sam002- 122 -LRB103 30519 JDS 62533 a


1to that State agency for operational or lump sum expenses for 
2State fiscal year 2023. For the purpose of this subsection, 
3"operational or lump sum expenses" includes the following 
4objects: personal services; extra help; student and inmate 
5compensation; State contributions to retirement systems; State 
6contributions to social security; State contributions for 
7employee group insurance; contractual services; travel; 
8commodities; printing; equipment; electronic data processing; 
9operation of automotive equipment; telecommunications 
10services; travel and allowance for committed, paroled, and 
11discharged prisoners; library books; federal matching grants 
12for student loans; refunds; workers' compensation, 
13occupational disease, and tort claims; late interest penalties 
14under the State Prompt Payment Act and Sections 368a and 370a 
15of the Illinois Insurance Code; lump sum and other purposes; 
16and lump sum operations. For the purpose of this subsection, 
17"State agency" does not include the Attorney General, the 
18Secretary of State, the Comptroller, the Treasurer, or the 
19judicial or legislative branches. 
20 (c-10) Special provisions for State fiscal year 2024. 
21Notwithstanding any other provision of this Section, for State 
22fiscal year 2024, transfers among line item appropriations to 
23a State agency from the same State treasury fund may be made 
24for operational or lump sum expenses only, provided that the 
25sum of such transfers for a State agency in State fiscal year 
262024 shall not exceed 8% of the aggregate amount appropriated 
 
 
10300HB3817sam002- 123 -LRB103 30519 JDS 62533 a


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

24of this Act to approve and certify vouchers. Transfers among 
25appropriations
made to the University of Illinois, Southern 
26Illinois University, Chicago State
University, Eastern 
 
 
10300HB3817sam002- 124 -LRB103 30519 JDS 62533 a


1Illinois University, Governors State University, Illinois

2State University, Northeastern Illinois University, Northern 
3Illinois
University, Western Illinois University, the Illinois 
4Mathematics and Science
Academy and the Board of Higher 
5Education require the approval of the Board of
Higher 
6Education and the Governor. Transfers among appropriations to 
7all other
agencies require the approval of the Governor.
8 The officer responsible for approval shall certify that 
9the
transfer is necessary to carry out the programs and 
10purposes for which
the appropriations were made by the General 
11Assembly and shall transmit
to the State Comptroller a 
12certified copy of the approval which shall
set forth the 
13specific amounts transferred so that the Comptroller may

14change his records accordingly. The Comptroller shall furnish 
15the
Governor with information copies of all transfers approved 
16for agencies
of the Legislative and Judicial departments and 
17transfers approved by
the constitutionally elected officials 
18of the Executive branch other
than the Governor, showing the 
19amounts transferred and indicating the
dates such changes were 
20entered on the Comptroller's records.
21 (e) The State Board of Education, in consultation with the 
22State Comptroller, may transfer line item appropriations for 
23General State Aid or Evidence-Based Funding among the Common 
24School Fund and the Education Assistance Fund, and, for State 
25fiscal year 2020 and each fiscal year thereafter, the Fund for 
26the Advancement of Education. With the advice and consent of 
 
 
10300HB3817sam002- 125 -LRB103 30519 JDS 62533 a


1the Governor's Office of Management and Budget, the State 
2Board of Education, in consultation with the State 
3Comptroller, may transfer line item appropriations between the 
4General Revenue Fund and the Education Assistance Fund for the 
5following programs:
6  (1) Disabled Student Personnel Reimbursement (Section 
7 14-13.01 of the School Code);
8  (2) Disabled Student Transportation Reimbursement 
9 (subsection (b) of Section 14-13.01 of the School Code);
10  (3) Disabled Student Tuition - Private Tuition 
11 (Section 14-7.02 of the School Code);
12  (4) Extraordinary Special Education (Section 14-7.02b 
13 of the School Code);
14  (5) Reimbursement for Free Lunch/Breakfast Programs;
15  (6) Summer School Payments (Section 18-4.3 of the 
16 School Code);
17  (7) Transportation - Regular/Vocational Reimbursement 
18 (Section 29-5 of the School Code);
19  (8) Regular Education Reimbursement (Section 18-3 of 
20 the School Code); and
21  (9) Special Education Reimbursement (Section 14-7.03 
22 of the School Code). 
23 (f) For State fiscal year 2020 and each fiscal year 
24thereafter, the Department on Aging, in consultation with the 
25State Comptroller, with the advice and consent of the 
26Governor's Office of Management and Budget, may transfer line 
 
 
10300HB3817sam002- 126 -LRB103 30519 JDS 62533 a


1item appropriations for purchase of services covered by the 
2Community Care Program between the General Revenue Fund and 
3the Commitment to Human Services Fund.
4 (g) For State fiscal year 2024 and each fiscal year 
5thereafter, if requested by an agency chief executive officer 
6and authorized and approved by the Comptroller, the 
7Comptroller may direct and the Treasurer shall transfer funds 
8from the General Revenue Fund to fund payroll expenses that 
9meet the payroll transaction exception criteria as defined by 
10the Comptroller in the Statewide Accounting Management System 
11(SAMS) Manual. The agency shall then transfer these funds back 
12to the General Revenue Fund within 7 days. 
13(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 
14101-275, eff. 8-9-19; 101-636, eff. 6-10-20; 102-16, eff. 
156-17-21; 102-699, eff. 4-19-22.)





16 (30 ILCS 105/25) (from Ch. 127, par. 161)



17 Sec. 25. Fiscal year limitations. 

18 (a) All appropriations shall be
available for expenditure 
19for the fiscal year or for a lesser period if the
Act making 
20that appropriation so specifies. A deficiency or emergency

21appropriation shall be available for expenditure only through 
22June 30 of
the year when the Act making that appropriation is 
23enacted unless that Act
otherwise provides.

24 (b) Outstanding liabilities as of June 30, payable from 
25appropriations
which have otherwise expired, may be paid out 
 
 
10300HB3817sam002- 127 -LRB103 30519 JDS 62533 a


1of the expiring
appropriations during the 2-month period 
2ending at the
close of business on August 31. Any service 
3involving
professional or artistic skills or any personal 
4services by an employee whose
compensation is subject to 
5income tax withholding must be performed as of June
30 of the 
6fiscal year in order to be considered an "outstanding 
7liability as of
June 30" that is thereby eligible for payment 
8out of the expiring
appropriation.

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

24 (b-2) (Blank).
25 (b-2.5) (Blank). 
26 (b-2.6) (Blank). 
 
 
10300HB3817sam002- 128 -LRB103 30519 JDS 62533 a


1 (b-2.6a) (Blank). 
2 (b-2.6b) (Blank). 
3 (b-2.6c) (Blank). 
4 (b-2.6d) All outstanding liabilities as of June 30, 2020, 
5payable from appropriations that would otherwise expire at the 
6conclusion of the lapse period for fiscal year 2020, and 
7interest penalties payable on those liabilities under the 
8State Prompt Payment Act, may be paid out of the expiring 
9appropriations until December 31, 2020, without regard to the 
10fiscal year in which the payment is made, as long as vouchers 
11for the liabilities are received by the Comptroller no later 
12than September 30, 2020. 
13 (b-2.6e) All outstanding liabilities as of June 30, 2021, 
14payable from appropriations that would otherwise expire at the 
15conclusion of the lapse period for fiscal year 2021, and 
16interest penalties payable on those liabilities under the 
17State Prompt Payment Act, may be paid out of the expiring 
18appropriations until September 30, 2021, without regard to the 
19fiscal year in which the payment is made. 
20 (b-2.7) For fiscal years 2012, 2013, 2014, 2018, and each 
21fiscal year thereafter 2019, 2020, 2021, 2022, and 2023, 
22interest penalties payable under the State Prompt Payment Act 
23associated with a voucher for which payment is issued after 
24June 30 may be paid out of the next fiscal year's 
25appropriation. The future year appropriation must be for the 
26same purpose and from the same fund as the original payment. An 
 
 
10300HB3817sam002- 129 -LRB103 30519 JDS 62533 a


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

19 (b-4) Medical payments and child care
payments may be made 
20by the Department of
Human Services (as successor to the 
21Department of Public Aid) from
appropriations for those 
22purposes for any fiscal year,
without regard to the fact that 
23the medical or child care services being
compensated for by 
24such payment may have been rendered in a prior fiscal
year; and 
25payments may be made at the direction of the Department of

26Healthcare and Family Services (or successor agency) from the 
 
 
10300HB3817sam002- 130 -LRB103 30519 JDS 62533 a


1Health Insurance Reserve Fund without regard to any fiscal

2year limitations, except as required by subsection (j) of this 
3Section. Beginning on June 30, 2021, medical and child care 
4payments made by the Department of Human Services and payments 
5made at the discretion of the Department of Healthcare and 
6Family Services (or successor agency) from the Health 
7Insurance Reserve Fund and payable from appropriations that 
8have otherwise expired may be paid out of the expiring 
9appropriation during the 4-month period ending at the close of 
10business on October 31.

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

 
 
10300HB3817sam002- 131 -LRB103 30519 JDS 62533 a


1 (b-7) Payments may be made in accordance with a plan 
2authorized by paragraph (11) or (12) of Section 405-105 of the 
3Department of Central Management Services Law from 
4appropriations for those payments without regard to fiscal 
5year limitations. 
6 (b-8) Reimbursements to eligible airport sponsors for the 
7construction or upgrading of Automated Weather Observation 
8Systems may be made by the Department of Transportation from 
9appropriations for those purposes for any fiscal year, without 
10regard to the fact that the qualification or obligation may 
11have occurred in a prior fiscal year, provided that at the time 
12the expenditure was made the project had been approved by the 
13Department of Transportation prior to June 1, 2012 and, as a 
14result of recent changes in federal funding formulas, can no 
15longer receive federal reimbursement. 
16 (b-9) (Blank). 
17 (c) Further, payments may be made by the Department of 
18Public Health and the
Department of Human Services (acting as 
19successor to the Department of Public
Health under the 
20Department of Human Services Act)
from their respective 
21appropriations for grants for medical care to or on
behalf of 
22premature and high-mortality risk infants and their mothers 
23and
for grants for supplemental food supplies provided under 
24the United States
Department of Agriculture Women, Infants and 
25Children Nutrition Program,
for any fiscal year without regard 
26to the fact that the services being
compensated for by such 
 
 
10300HB3817sam002- 132 -LRB103 30519 JDS 62533 a


1payment may have been rendered in a prior fiscal year, except 
2as required by subsection (j) of this Section. Beginning on 
3June 30, 2021, payments made by the Department of Public 
4Health and the Department of Human Services from their 
5respective appropriations for grants for medical care to or on 
6behalf of premature and high-mortality risk infants and their 
7mothers and for grants for supplemental food supplies provided 
8under the United States Department of Agriculture Women, 
9Infants and Children Nutrition Program payable from 
10appropriations that have otherwise expired may be paid out of 
11the expiring appropriations during the 4-month period ending 
12at the close of business on October 31.

13 (d) The Department of Public Health and the Department of 
14Human Services
(acting as successor to the Department of 
15Public Health under the Department of
Human Services Act) 
16shall each annually submit to the State Comptroller, Senate

17President, Senate
Minority Leader, Speaker of the House, House 
18Minority Leader, and the
respective Chairmen and Minority 
19Spokesmen of the
Appropriations Committees of the Senate and 
20the House, on or before
December 31, a report of fiscal year 
21funds used to pay for services
provided in any prior fiscal 
22year. This report shall document by program or
service 
23category those expenditures from the most recently completed 
24fiscal
year used to pay for services provided in prior fiscal 
25years.

26 (e) The Department of Healthcare and Family Services, the 
 
 
10300HB3817sam002- 133 -LRB103 30519 JDS 62533 a


1Department of Human Services
(acting as successor to the 
2Department of Public Aid), and the Department of Human 
3Services making fee-for-service payments relating to substance 
4abuse treatment services provided during a previous fiscal 
5year shall each annually
submit to the State
Comptroller, 
6Senate President, Senate Minority Leader, Speaker of the 
7House,
House Minority Leader, the respective Chairmen and 
8Minority Spokesmen of the
Appropriations Committees of the 
9Senate and the House, on or before November
30, a report that 
10shall document by program or service category those

11expenditures from the most recently completed fiscal year used 
12to pay for (i)
services provided in prior fiscal years and (ii) 
13services for which claims were
received in prior fiscal years.

14 (f) The Department of Human Services (as successor to the 
15Department of
Public Aid) shall annually submit to the State

16Comptroller, Senate President, Senate Minority Leader, Speaker 
17of the House,
House Minority Leader, and the respective 
18Chairmen and Minority Spokesmen of
the Appropriations 
19Committees of the Senate and the House, on or before
December 
2031, a report
of fiscal year funds used to pay for services 
21(other than medical care)
provided in any prior fiscal year. 
22This report shall document by program or
service category 
23those expenditures from the most recently completed fiscal

24year used to pay for services provided in prior fiscal years.

25 (g) In addition, each annual report required to be 
26submitted by the
Department of Healthcare and Family Services 
 
 
10300HB3817sam002- 134 -LRB103 30519 JDS 62533 a


1under subsection (e) shall include the following
information 
2with respect to the State's Medicaid program:

3  (1) Explanations of the exact causes of the variance 
4 between the previous
year's estimated and actual 
5 liabilities.

6  (2) Factors affecting the Department of Healthcare and 
7 Family Services' liabilities,
including, but not limited 
8 to, numbers of aid recipients, levels of medical
service 
9 utilization by aid recipients, and inflation in the cost 
10 of medical
services.

11  (3) The results of the Department's efforts to combat 
12 fraud and abuse.

13 (h) As provided in Section 4 of the General Assembly 
14Compensation Act,
any utility bill for service provided to a 
15General Assembly
member's district office for a period 
16including portions of 2 consecutive
fiscal years may be paid 
17from funds appropriated for such expenditure in
either fiscal 
18year.

19 (i) An agency which administers a fund classified by the 
20Comptroller as an
internal service fund may issue rules for:

21  (1) billing user agencies in advance for payments or 
22 authorized inter-fund transfers
based on estimated charges 
23 for goods or services;

24  (2) issuing credits, refunding through inter-fund 
25 transfers, or reducing future inter-fund transfers
during

26 the subsequent fiscal year for all user agency payments or 
 
 
10300HB3817sam002- 135 -LRB103 30519 JDS 62533 a


1 authorized inter-fund transfers received during the
prior 
2 fiscal year which were in excess of the final amounts owed 
3 by the user
agency for that period; and

4  (3) issuing catch-up billings to user agencies
during 
5 the subsequent fiscal year for amounts remaining due when 
6 payments or authorized inter-fund transfers
received from 
7 the user agency during the prior fiscal year were less 
8 than the
total amount owed for that period.

9User agencies are authorized to reimburse internal service 
10funds for catch-up
billings by vouchers drawn against their 
11respective appropriations for the
fiscal year in which the 
12catch-up billing was issued or by increasing an authorized 
13inter-fund transfer during the current fiscal year. For the 
14purposes of this Act, "inter-fund transfers" means transfers 
15without the use of the voucher-warrant process, as authorized 
16by Section 9.01 of the State Comptroller Act.

17 (i-1) Beginning on July 1, 2021, all outstanding 
18liabilities, not payable during the 4-month lapse period as 
19described in subsections (b-1), (b-3), (b-4), (b-5), and (c) 
20of this Section, that are made from appropriations for that 
21purpose for any fiscal year, without regard to the fact that 
22the services being compensated for by those payments may have 
23been rendered in a prior fiscal year, are limited to only those 
24claims that have been incurred but for which a proper bill or 
25invoice as defined by the State Prompt Payment Act has not been 
26received by September 30th following the end of the fiscal 
 
 
10300HB3817sam002- 136 -LRB103 30519 JDS 62533 a


1year in which the service was rendered. 
2 (j) Notwithstanding any other provision of this Act, the 
3aggregate amount of payments to be made without regard for 
4fiscal year limitations as contained in subsections (b-1), 
5(b-3), (b-4), (b-5), and (c) of this Section, and determined 
6by using Generally Accepted Accounting Principles, shall not 
7exceed the following amounts: 
8  (1) $6,000,000,000 for outstanding liabilities related 
9 to fiscal year 2012; 
10  (2) $5,300,000,000 for outstanding liabilities related 
11 to fiscal year 2013; 
12  (3) $4,600,000,000 for outstanding liabilities related 
13 to fiscal year 2014; 
14  (4) $4,000,000,000 for outstanding liabilities related 
15 to fiscal year 2015; 
16  (5) $3,300,000,000 for outstanding liabilities related 
17 to fiscal year 2016; 
18  (6) $2,600,000,000 for outstanding liabilities related 
19 to fiscal year 2017; 
20  (7) $2,000,000,000 for outstanding liabilities related 
21 to fiscal year 2018; 
22  (8) $1,300,000,000 for outstanding liabilities related 
23 to fiscal year 2019; 
24  (9) $600,000,000 for outstanding liabilities related 
25 to fiscal year 2020; and 
26  (10) $0 for outstanding liabilities related to fiscal 
 
 
10300HB3817sam002- 137 -LRB103 30519 JDS 62533 a


1 year 2021 and fiscal years thereafter. 
2 (k) Department of Healthcare and Family Services Medical 
3Assistance Payments. 
4  (1) Definition of Medical Assistance. 
5   For purposes of this subsection, the term "Medical 
6 Assistance" shall include, but not necessarily be 
7 limited to, medical programs and services authorized 
8 under Titles XIX and XXI of the Social Security Act, 
9 the Illinois Public Aid Code, the Children's Health 
10 Insurance Program Act, the Covering ALL KIDS Health 
11 Insurance Act, the Long Term Acute Care Hospital 
12 Quality Improvement Transfer Program Act, and medical 
13 care to or on behalf of persons suffering from chronic 
14 renal disease, persons suffering from hemophilia, and 
15 victims of sexual assault. 
16  (2) Limitations on Medical Assistance payments that 
17 may be paid from future fiscal year appropriations. 
18   (A) The maximum amounts of annual unpaid Medical 
19 Assistance bills received and recorded by the 
20 Department of Healthcare and Family Services on or 
21 before June 30th of a particular fiscal year 
22 attributable in aggregate to the General Revenue Fund, 
23 Healthcare Provider Relief Fund, Tobacco Settlement 
24 Recovery Fund, Long-Term Care Provider Fund, and the 
25 Drug Rebate Fund that may be paid in total by the 
26 Department from future fiscal year Medical Assistance 
 
 
10300HB3817sam002- 138 -LRB103 30519 JDS 62533 a


1 appropriations to those funds are:
$700,000,000 for 
2 fiscal year 2013 and $100,000,000 for fiscal year 2014 
3 and each fiscal year thereafter. 
4   (B) Bills for Medical Assistance services rendered 
5 in a particular fiscal year, but received and recorded 
6 by the Department of Healthcare and Family Services 
7 after June 30th of that fiscal year, may be paid from 
8 either appropriations for that fiscal year or future 
9 fiscal year appropriations for Medical Assistance. 
10 Such payments shall not be subject to the requirements 
11 of subparagraph (A). 
12   (C) Medical Assistance bills received by the 
13 Department of Healthcare and Family Services in a 
14 particular fiscal year, but subject to payment amount 
15 adjustments in a future fiscal year may be paid from a 
16 future fiscal year's appropriation for Medical 
17 Assistance. Such payments shall not be subject to the 
18 requirements of subparagraph (A). 
19   (D) Medical Assistance payments made by the 
20 Department of Healthcare and Family Services from 
21 funds other than those specifically referenced in 
22 subparagraph (A) may be made from appropriations for 
23 those purposes for any fiscal year without regard to 
24 the fact that the Medical Assistance services being 
25 compensated for by such payment may have been rendered 
26 in a prior fiscal year. Such payments shall not be 
 
 
10300HB3817sam002- 139 -LRB103 30519 JDS 62533 a


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


25 Section 5-55. The State Revenue Sharing Act is amended by 
 
 
10300HB3817sam002- 140 -LRB103 30519 JDS 62533 a


1changing Section 12 as follows:




2 (30 ILCS 115/12) (from Ch. 85, par. 616)



3 Sec. 12. Personal Property Tax Replacement Fund. There is 
4hereby
created the Personal Property Tax Replacement Fund, a 
5special fund in
the State Treasury into which shall be paid all 
6revenue realized:

7  (a) all amounts realized from the additional personal 
8 property tax
replacement income tax imposed by subsections 
9 (c) and (d) of Section 201 of the
Illinois Income Tax Act, 
10 except for those amounts deposited into the Income Tax

11 Refund Fund pursuant to subsection (c) of Section 901 of 
12 the Illinois Income
Tax Act; and

13  (b) all amounts realized from the additional personal 
14 property replacement
invested capital taxes imposed by 
15 Section 2a.1 of the Messages Tax
Act, Section 2a.1 of the 
16 Gas Revenue Tax Act, Section 2a.1 of the Public
Utilities 
17 Revenue Act, and Section 3 of the Water Company Invested 
18 Capital
Tax Act, and amounts payable to the Department of 
19 Revenue under the
Telecommunications Infrastructure 
20 Maintenance Fee Act.

21 As soon as may be after the end of each month, the 
22Department of Revenue
shall certify to the Treasurer and the 
23Comptroller the amount of all refunds
paid out of the General 
24Revenue Fund through the preceding month on account
of 
25overpayment of liability on taxes paid into the Personal 
 
 
10300HB3817sam002- 141 -LRB103 30519 JDS 62533 a


1Property Tax
Replacement Fund. Upon receipt of such 
2certification, the Treasurer and
the Comptroller shall 
3transfer the amount so certified from the Personal
Property 
4Tax Replacement Fund into the General Revenue Fund.

5 The payments of revenue into the Personal Property Tax 
6Replacement Fund
shall be used exclusively for distribution to 
7taxing districts, regional offices and officials, and local 
8officials as provided
in this Section and in the School Code, 
9payment of the ordinary and contingent expenses of the 
10Property Tax Appeal Board, payment of the expenses of the 
11Department of Revenue incurred
in administering the collection 
12and distribution of monies paid into the
Personal Property Tax 
13Replacement Fund and transfers due to refunds to
taxpayers for 
14overpayment of liability for taxes paid into the Personal

15Property Tax Replacement Fund.

16 In addition, moneys in the Personal Property Tax

17Replacement Fund may be used to pay any of the following: (i) 
18salary, stipends, and additional compensation as provided by 
19law for chief election clerks, county clerks, and county 
20recorders; (ii) costs associated with regional offices of 
21education and educational service centers; (iii) 
22reimbursements payable by the State Board of Elections under 
23Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the 
24Election Code; (iv) expenses of the Illinois Educational Labor 
25Relations Board; and (v) salary, personal services, and 
26additional compensation as provided by law for court reporters 
 
 
10300HB3817sam002- 142 -LRB103 30519 JDS 62533 a


1under the Court Reporters Act. 
2 As soon as may be after June 26, 1980 (the effective date 
3of Public Act 81-1255),
the Department of Revenue shall 
4certify to the Treasurer the amount of net
replacement revenue 
5paid into the General Revenue Fund prior to that effective

6date from the additional tax imposed by Section 2a.1 of the 
7Messages Tax
Act; Section 2a.1 of the Gas Revenue Tax Act; 
8Section 2a.1 of the Public
Utilities Revenue Act; Section 3 of 
9the Water Company Invested Capital Tax Act;
amounts collected 
10by the Department of Revenue under the Telecommunications 
11Infrastructure Maintenance Fee Act; and the
additional 
12personal
property tax replacement income tax imposed by
the 
13Illinois Income Tax Act, as amended by Public
Act 81-1st 
14Special Session-1. Net replacement revenue shall be defined as

15the total amount paid into and remaining in the General 
16Revenue Fund as a
result of those Acts minus the amount 
17outstanding and obligated from the
General Revenue Fund in 
18state vouchers or warrants prior to June 26, 1980 (the 
19effective
date of Public Act 81-1255) as refunds to taxpayers 
20for overpayment
of liability under those Acts.

21 All interest earned by monies accumulated in the Personal 
22Property
Tax Replacement Fund shall be deposited in such Fund. 
23All amounts allocated
pursuant to this Section are 
24appropriated on a continuing basis.

25 Prior to December 31, 1980, as soon as may be after the end 
26of each quarter
beginning with the quarter ending December 31, 
 
 
10300HB3817sam002- 143 -LRB103 30519 JDS 62533 a


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

20provided for all taxing districts, during either of such 3 
21years, exceeds the
amount available for distribution the 
22allocation of each taxing district shall
be proportionately 
23reduced. Except as provided in Section 13 of this Act, the

24Department shall then certify, pursuant to appropriation, such 
25allocations to
the State Comptroller who shall pay over to the 
26several taxing districts the
respective amounts allocated to 
 
 
10300HB3817sam002- 144 -LRB103 30519 JDS 62533 a


1them.

2 Any township which receives an allocation based in whole 
3or in part upon
personal property taxes which it levied 
4pursuant to Section 6-507 or 6-512
of the Illinois Highway 
5Code and which was previously
required to be paid
over to a 
6municipality shall immediately pay over to that municipality a

7proportionate share of the personal property replacement funds 
8which such
township receives.

9 Any municipality or township, other than a municipality 
10with a population
in excess of 500,000, which receives an 
11allocation based in whole or in
part on personal property 
12taxes which it levied pursuant to Sections 3-1,
3-4 and 3-6 of 
13the Illinois Local Library Act and which was
previously

14required to be paid over to a public library shall immediately 
15pay over
to that library a proportionate share of the personal 
16property tax replacement
funds which such municipality or 
17township receives; provided that if such
a public library has 
18converted to a library organized under the Illinois
Public 
19Library District Act, regardless of whether such conversion 
20has
occurred on, after or before January 1, 1988, such 
21proportionate share
shall be immediately paid over to the 
22library district which maintains and
operates the library. 
23However, any library that has converted prior to January
1, 
241988, and which hitherto has not received the personal 
25property tax
replacement funds, shall receive such funds 
26commencing on January 1, 1988.

 
 
10300HB3817sam002- 145 -LRB103 30519 JDS 62533 a


1 Any township which receives an allocation based in whole 
2or in part on
personal property taxes which it levied pursuant 
3to Section 1c of the Public
Graveyards Act and which taxes were 
4previously required to be paid
over to or used for such public 
5cemetery or cemeteries shall immediately
pay over to or use 
6for such public cemetery or cemeteries a proportionate
share 
7of the personal property tax replacement funds which the 
8township
receives.

9 Any taxing district which receives an allocation based in 
10whole or in
part upon personal property taxes which it levied 
11for another
governmental body or school district in Cook 
12County in 1976 or for
another governmental body or school 
13district in the remainder of the
State in 1977 shall 
14immediately pay over to that governmental body or
school 
15district the amount of personal property replacement funds 
16which
such governmental body or school district would receive 
17directly under
the provisions of paragraph (2) of this 
18Section, had it levied its own
taxes.

19  (1) The portion of the Personal Property Tax 
20 Replacement Fund required to
be
distributed as of the time 
21 allocation is required to be made shall be the
amount 
22 available in such Fund as of the time allocation is 
23 required to be made.

24  The amount available for distribution shall be the 
25 total amount in the
fund at such time minus the necessary 
26 administrative and other authorized expenses as limited
by 
 
 
10300HB3817sam002- 146 -LRB103 30519 JDS 62533 a


1 the appropriation and the amount determined by: (a) $2.8 
2 million for
fiscal year 1981; (b) for fiscal year 1982, 
3 .54% of the funds distributed
from the fund during the 
4 preceding fiscal year; (c) for fiscal year 1983
through 
5 fiscal year 1988, .54% of the funds distributed from the 
6 fund during
the preceding fiscal year less .02% of such 
7 fund for fiscal year 1983 and
less .02% of such funds for 
8 each fiscal year thereafter; (d) for fiscal
year 1989 
9 through fiscal year 2011 no more than 105% of the actual 
10 administrative expenses
of the prior fiscal year; (e) for 
11 fiscal year 2012 and beyond, a sufficient amount to pay 
12 (i) stipends, additional compensation, salary 
13 reimbursements, and other amounts directed to be paid out 
14 of this Fund for local officials as authorized or required 
15 by statute and (ii) the ordinary and contingent expenses 
16 of the Property Tax Appeal Board and the expenses of the 
17 Department of Revenue incurred in administering the 
18 collection and distribution of moneys paid into the Fund; 
19 (f) for fiscal years 2012 and 2013 only, a sufficient 
20 amount to pay stipends, additional compensation, salary 
21 reimbursements, and other amounts directed to be paid out 
22 of this Fund for regional offices and officials as 
23 authorized or required by statute; or (g) for fiscal years 
24 2018 through 2024 2023 only, a sufficient amount to pay 
25 amounts directed to be paid out of this Fund for public 
26 community college base operating grants and local health 
 
 
10300HB3817sam002- 147 -LRB103 30519 JDS 62533 a


1 protection grants to certified local health departments as 
2 authorized or required by appropriation or statute. Such 
3 portion of the fund shall be determined after
the transfer 
4 into the General Revenue Fund due to refunds, if any, paid

5 from the General Revenue Fund during the preceding 
6 quarter. If at any time,
for any reason, there is 
7 insufficient amount in the Personal Property
Tax 
8 Replacement Fund for payments for regional offices and 
9 officials or local officials or payment of costs of 
10 administration or for transfers
due to refunds at the end 
11 of any particular month, the amount of such
insufficiency 
12 shall be carried over for the purposes of payments for 
13 regional offices and officials, local officials, transfers 
14 into the
General Revenue Fund, and costs of administration 
15 to the
following month or months. Net replacement revenue 
16 held, and defined above,
shall be transferred by the 
17 Treasurer and Comptroller to the Personal Property
Tax 
18 Replacement Fund within 10 days of such certification.

19  (2) Each quarterly allocation shall first be 
20 apportioned in the
following manner: 51.65% for taxing 
21 districts in Cook County and 48.35%
for taxing districts 
22 in the remainder of the State.

23 The Personal Property Replacement Ratio of each taxing 
24district
outside Cook County shall be the ratio which the Tax 
25Base of that taxing
district bears to the Downstate Tax Base. 
26The Tax Base of each taxing
district outside of Cook County is 
 
 
10300HB3817sam002- 148 -LRB103 30519 JDS 62533 a


1the personal property tax collections
for that taxing district 
2for the 1977 tax year. The Downstate Tax Base
is the personal 
3property tax collections for all taxing districts in the
State 
4outside of Cook County for the 1977 tax year. The Department of

5Revenue shall have authority to review for accuracy and 
6completeness the
personal property tax collections for each 
7taxing district outside Cook
County for the 1977 tax year.

8 The Personal Property Replacement Ratio of each Cook 
9County taxing
district shall be the ratio which the Tax Base of 
10that taxing district
bears to the Cook County Tax Base. The Tax 
11Base of each Cook County
taxing district is the personal 
12property tax collections for that taxing
district for the 1976 
13tax year. The Cook County Tax Base is the
personal property tax 
14collections for all taxing districts in Cook
County for the 
151976 tax year. The Department of Revenue shall have
authority 
16to review for accuracy and completeness the personal property 
17tax
collections for each taxing district within Cook County 
18for the 1976 tax year.

19 For all purposes of this Section 12, amounts paid to a 
20taxing district
for such tax years as may be applicable by a 
21foreign corporation under the
provisions of Section 7-202 of 
22the Public Utilities Act, as amended,
shall be deemed to be 
23personal property taxes collected by such taxing district
for 
24such tax years as may be applicable. The Director shall 
25determine from the
Illinois Commerce Commission, for any tax 
26year as may be applicable, the
amounts so paid by any such 
 
 
10300HB3817sam002- 149 -LRB103 30519 JDS 62533 a


1foreign corporation to any and all taxing
districts. The 
2Illinois Commerce Commission shall furnish such information to

3the Director. For all purposes of this Section 12, the 
4Director shall deem such
amounts to be collected personal 
5property taxes of each such taxing district
for the applicable 
6tax year or years.

7 Taxing districts located both in Cook County and in one or 
8more other
counties shall receive both a Cook County 
9allocation and a Downstate
allocation determined in the same 
10way as all other taxing districts.

11 If any taxing district in existence on July 1, 1979 ceases 
12to exist,
or discontinues its operations, its Tax Base shall 
13thereafter be deemed
to be zero. If the powers, duties and 
14obligations of the discontinued
taxing district are assumed by 
15another taxing district, the Tax Base of
the discontinued 
16taxing district shall be added to the Tax Base of the
taxing 
17district assuming such powers, duties and obligations.

18 If two or more taxing districts in existence on July 1, 
191979, or a
successor or successors thereto shall consolidate 
20into one taxing
district, the Tax Base of such consolidated 
21taxing district shall be the
sum of the Tax Bases of each of 
22the taxing districts which have consolidated.

23 If a single taxing district in existence on July 1, 1979, 
24or a
successor or successors thereto shall be divided into two 
25or more
separate taxing districts, the tax base of the taxing 
26district so
divided shall be allocated to each of the 
 
 
10300HB3817sam002- 150 -LRB103 30519 JDS 62533 a


1resulting taxing districts in
proportion to the then current 
2equalized assessed value of each resulting
taxing district.

3 If a portion of the territory of a taxing district is 
4disconnected
and annexed to another taxing district of the 
5same type, the Tax Base of
the taxing district from which 
6disconnection was made shall be reduced
in proportion to the 
7then current equalized assessed value of the disconnected

8territory as compared with the then current equalized assessed 
9value within the
entire territory of the taxing district prior 
10to disconnection, and the
amount of such reduction shall be 
11added to the Tax Base of the taxing
district to which 
12annexation is made.

13 If a community college district is created after July 1, 
141979,
beginning on January 1, 1996 (the effective date of 
15Public Act 89-327), its Tax Base
shall be 3.5% of the sum of 
16the personal property tax collected for the
1977 tax year 
17within the territorial jurisdiction of the district.

18 The amounts allocated and paid to taxing districts 
19pursuant to
the provisions of Public Act 81-1st Special 
20Session-1 shall be deemed to be
substitute revenues for the 
21revenues derived from taxes imposed on
personal property 
22pursuant to the provisions of the "Revenue Act of
1939" or "An 
23Act for the assessment and taxation of private car line

24companies", approved July 22, 1943, as amended, or Section 414 
25of the
Illinois Insurance Code, prior to the abolition of such 
26taxes and shall
be used for the same purposes as the revenues 
 
 
10300HB3817sam002- 151 -LRB103 30519 JDS 62533 a


1derived from ad valorem
taxes on real estate.

2 Monies received by any taxing districts from the Personal 
3Property
Tax Replacement Fund shall be first applied toward 
4payment of the proportionate
amount of debt service which was 
5previously levied and collected from
extensions against 
6personal property on bonds outstanding as of December 31,
1978 
7and next applied toward payment of the proportionate share of 
8the pension
or retirement obligations of the taxing district 
9which were previously levied
and collected from extensions 
10against personal property. For each such
outstanding bond 
11issue, the County Clerk shall determine the percentage of the

12debt service which was collected from extensions against real 
13estate in the
taxing district for 1978 taxes payable in 1979, 
14as related to the total amount
of such levies and collections 
15from extensions against both real and personal
property. For 
161979 and subsequent years' taxes, the County Clerk shall levy

17and extend taxes against the real estate of each taxing 
18district which will
yield the said percentage or percentages 
19of the debt service on such
outstanding bonds. The balance of 
20the amount necessary to fully pay such debt
service shall 
21constitute a first and prior lien upon the monies
received by 
22each such taxing district through the Personal Property Tax

23Replacement Fund and shall be first applied or set aside for 
24such purpose.
In counties having fewer than 3,000,000 
25inhabitants, the amendments to
this paragraph as made by 
26Public Act 81-1255 shall be first
applicable to 1980 taxes to 
 
 
10300HB3817sam002- 152 -LRB103 30519 JDS 62533 a


1be collected in 1981.

2(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 
3102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)


4 Section 5-60. The Railsplitter Tobacco Settlement 
5Authority Act is amended by changing Section 3-5 as follows:

6 (30 ILCS 171/3-5)

7 Sec. 3-5. Certain powers of the Authority. The Authority 
8shall have the power to:
9  (1) sue and be sued;

10  (2) have a seal and alter the same at pleasure;

11  (3) make and alter by-laws for its organization and 
12 internal management and make rules and regulations 
13 governing the use of its property and facilities;

14  (4) appoint by and with the consent of the Attorney 
15 General, assistant attorneys for such Authority; those 
16 assistant attorneys shall be under the control, direction, 
17 and supervision of the Attorney General and shall serve at 
18 his or her pleasure;
19  (5) retain special counsel, subject to the approval of 
20 the Attorney General, as needed from time to time, and fix 
21 their compensation, provided however, such special counsel 
22 shall be subject to the control, direction and supervision 
23 of the Attorney General and shall serve at his or her 
24 pleasure;
 
 
10300HB3817sam002- 153 -LRB103 30519 JDS 62533 a


1  (6) make and execute contracts and all other 
2 instruments necessary or convenient for the exercise of 
3 its powers and functions under this Section and to 
4 commence any action to protect or enforce any right 
5 conferred upon it by any law, contract, or other 
6 agreement, provided that any underwriter, financial 
7 advisor, bond counsel, or other professional providing 
8 services to the Authority may be selected pursuant to 
9 solicitations issued and completed by the Governor's 
10 Office of Management and Budget for those services;

11  (7) appoint officers and agents, prescribe their 
12 duties and qualifications, fix their compensation and 
13 engage the services of private consultants and counsel on 
14 a contract basis for rendering professional and technical 
15 assistance and advice, provided that this shall not be 
16 construed to limit the authority of the Attorney General 
17 provided in Section 4 of the Attorney General Act;

18  (8) pay its operating expenses and its financing 
19 costs, including its reasonable costs of issuance and sale 
20 and those of the Attorney General, if any, in a total 
21 amount not greater than 1% of the principal amount of the 
22 proceeds of the bond sale;

23  (9) borrow money in its name and issue negotiable 
24 bonds and provide for the rights of the holders thereof as 
25 otherwise provided in this Act;

26  (10) procure insurance against any loss in connection 
 
 
10300HB3817sam002- 154 -LRB103 30519 JDS 62533 a


1 with its activities, properties, and assets in such amount 
2 and from such insurers as it deems desirable;

3  (11) invest any funds or other moneys under its 
4 custody and control in investment securities, including in 
5 defeasance collateral, as that term is defined in any bond 
6 indenture to which the Authority is party, or under any 
7 related bond facility;

8  (12) as security for the payment of the principal of 
9 and interest on any bonds issued by it pursuant to this Act 
10 and any agreement made in connection therewith and for its 
11 obligations under any related bond facility, pledge all or 
12 any part of the tobacco settlement revenues;

13  (13) receive payments, transfers of funds, or other

14 moneys from any source in furtherance of a defeasance of 
15 bonds, provide notice to an indenture trustee of the 
16 defeasance of outstanding bonds, and execute and deliver 
17 those instruments necessary to discharge the lien of the 
18 trustee and the security interest of the holders of 
19 outstanding bonds created under an indenture; and 
20  (14) do any and all things necessary or convenient to 
21 carry out its purposes and exercise the powers expressly 
22 given and granted in this Section.


23(Source: P.A. 96-958, eff. 7-1-10.)

24 Section 5-62. The Illinois Procurement Code is amended by 
25changing Sections 1-10, 10-10, and 10-20 as follows:


 
 
10300HB3817sam002- 155 -LRB103 30519 JDS 62533 a


1 (30 ILCS 500/1-10)

 
2 Sec. 1-10. Application. 

3 (a) This Code applies only to procurements for which 
4bidders, offerors, potential contractors, or contractors were 
5first
solicited on or after July 1, 1998. This Code shall not 
6be construed to affect
or impair any contract, or any 
7provision of a contract, entered into based on a
solicitation 
8prior to the implementation date of this Code as described in

9Article 99, including, but not limited to, any covenant 
10entered into with respect
to any revenue bonds or similar 
11instruments.
All procurements for which contracts are 
12solicited between the effective date
of Articles 50 and 99 and 
13July 1, 1998 shall be substantially in accordance
with this 
14Code and its intent.

15 (b) This Code shall apply regardless of the source of the 
16funds with which
the contracts are paid, including federal 
17assistance moneys. This
Code shall
not apply to:

18  (1) Contracts between the State and its political 
19 subdivisions or other
governments, or between State 
20 governmental bodies, except as specifically provided in 
21 this Code.

22  (2) Grants, except for the filing requirements of 
23 Section 20-80.

24  (3) Purchase of care, except as provided in Section 
25 5-30.6 of the Illinois Public Aid
Code and this Section.

 
 
10300HB3817sam002- 156 -LRB103 30519 JDS 62533 a


1  (4) Hiring of an individual as an employee and not as 
2 an independent
contractor, whether pursuant to an 
3 employment code or policy or by contract
directly with 
4 that individual.

5  (5) Collective bargaining contracts.

6  (6) Purchase of real estate, except that notice of 
7 this type of contract with a value of more than $25,000 
8 must be published in the Procurement Bulletin within 10 
9 calendar days after the deed is recorded in the county of 
10 jurisdiction. The notice shall identify the real estate 
11 purchased, the names of all parties to the contract, the 
12 value of the contract, and the effective date of the 
13 contract.

14  (7) Contracts necessary to prepare for anticipated 
15 litigation, enforcement
actions, or investigations, 
16 provided
that the chief legal counsel to the Governor 
17 shall give his or her prior
approval when the procuring 
18 agency is one subject to the jurisdiction of the
Governor, 
19 and provided that the chief legal counsel of any other 
20 procuring
entity
subject to this Code shall give his or 
21 her prior approval when the procuring
entity is not one 
22 subject to the jurisdiction of the Governor.

23  (8) (Blank).

24  (9) Procurement expenditures by the Illinois 
25 Conservation Foundation
when only private funds are used.

26  (10) (Blank). 
 
 
10300HB3817sam002- 157 -LRB103 30519 JDS 62533 a


1  (11) Public-private agreements entered into according 
2 to the procurement requirements of Section 20 of the 
3 Public-Private Partnerships for Transportation Act and 
4 design-build agreements entered into according to the 
5 procurement requirements of Section 25 of the 
6 Public-Private Partnerships for Transportation Act.
7  (12) (A) Contracts for legal, financial, and other 
8 professional and artistic services entered into by the 
9 Illinois Finance Authority in which the State of Illinois 
10 is not obligated. Such contracts shall be awarded through 
11 a competitive process authorized by the members of the 
12 Illinois Finance Authority and are subject to Sections 
13 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, 
14 as well as the final approval by the members of the 
15 Illinois Finance Authority of the terms of the contract.
16  (B) Contracts for legal and financial services entered 
17 into by the Illinois Housing Development Authority in 
18 connection with the issuance of bonds in which the State 
19 of Illinois is not obligated. Such contracts shall be 
20 awarded through a competitive process authorized by the 
21 members of the Illinois Housing Development Authority and 
22 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, 
23 and 50-37 of this Code, as well as the final approval by 
24 the members of the Illinois Housing Development Authority 
25 of the terms of the contract. 
26  (13) Contracts for services, commodities, and 
 
 
10300HB3817sam002- 158 -LRB103 30519 JDS 62533 a


1 equipment to support the delivery of timely forensic 
2 science services in consultation with and subject to the 
3 approval of the Chief Procurement Officer as provided in 
4 subsection (d) of Section 5-4-3a of the Unified Code of 
5 Corrections, except for the requirements of Sections 
6 20-60, 20-65, 20-70, and 20-160 and Article 50 of this 
7 Code; however, the Chief Procurement Officer may, in 
8 writing with justification, waive any certification 
9 required under Article 50 of this Code. For any contracts 
10 for services which are currently provided by members of a 
11 collective bargaining agreement, the applicable terms of 
12 the collective bargaining agreement concerning 
13 subcontracting shall be followed.
14  On and after January 1, 2019, this paragraph (13), 
15 except for this sentence, is inoperative. 
16  (14) Contracts for participation expenditures required 
17 by a domestic or international trade show or exhibition of 
18 an exhibitor, member, or sponsor.
19  (15) Contracts with a railroad or utility that 
20 requires the State to reimburse the railroad or utilities 
21 for the relocation of utilities for construction or other 
22 public purpose. Contracts included within this paragraph 
23 (15) shall include, but not be limited to, those 
24 associated with: relocations, crossings, installations, 
25 and maintenance. For the purposes of this paragraph (15), 
26 "railroad" means any form of non-highway ground 
 
 
10300HB3817sam002- 159 -LRB103 30519 JDS 62533 a


1 transportation that runs on rails or electromagnetic 
2 guideways and "utility" means: (1) public utilities as 
3 defined in Section 3-105 of the Public Utilities Act, (2) 
4 telecommunications carriers as defined in Section 13-202 
5 of the Public Utilities Act, (3) electric cooperatives as 
6 defined in Section 3.4 of the Electric Supplier Act, (4) 
7 telephone or telecommunications cooperatives as defined in 
8 Section 13-212 of the Public Utilities Act, (5) rural 
9 water or waste water systems with 10,000 connections or 
10 less, (6) a holder as defined in Section 21-201 of the 
11 Public Utilities Act, and (7) municipalities owning or 
12 operating utility systems consisting of public utilities 
13 as that term is defined in Section 11-117-2 of the 
14 Illinois Municipal Code. 
15  (16) Procurement expenditures necessary for the 
16 Department of Public Health to provide the delivery of 
17 timely newborn screening services in accordance with the 
18 Newborn Metabolic Screening Act. 
19  (17) Procurement expenditures necessary for the 
20 Department of Agriculture, the Department of Financial and 
21 Professional Regulation, the Department of Human Services, 
22 and the Department of Public Health to implement the 
23 Compassionate Use of Medical Cannabis Program and Opioid 
24 Alternative Pilot Program requirements and ensure access 
25 to medical cannabis for patients with debilitating medical 
26 conditions in accordance with the Compassionate Use of 
 
 
10300HB3817sam002- 160 -LRB103 30519 JDS 62533 a


1 Medical Cannabis Program Act.
2  (18) This Code does not apply to any procurements 
3 necessary for the Department of Agriculture, the 
4 Department of Financial and Professional Regulation, the 
5 Department of Human Services, the Department of Commerce 
6 and Economic Opportunity, and the Department of Public 
7 Health to implement the Cannabis Regulation and Tax Act if 
8 the applicable agency has made a good faith determination 
9 that it is necessary and appropriate for the expenditure 
10 to fall within this exemption and if the process is 
11 conducted in a manner substantially in accordance with the 
12 requirements of Sections 20-160, 25-60, 30-22, 50-5, 
13 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 
14 50-36, 50-37, 50-38, and 50-50 of this Code; however, for 
15 Section 50-35, compliance applies only to contracts or 
16 subcontracts over $100,000. Notice of each contract 
17 entered into under this paragraph (18) that is related to 
18 the procurement of goods and services identified in 
19 paragraph (1) through (9) of this subsection shall be 
20 published in the Procurement Bulletin within 14 calendar 
21 days after contract execution. The Chief Procurement 
22 Officer shall prescribe the form and content of the 
23 notice. Each agency shall provide the Chief Procurement 
24 Officer, on a monthly basis, in the form and content 
25 prescribed by the Chief Procurement Officer, a report of 
26 contracts that are related to the procurement of goods and 
 
 
10300HB3817sam002- 161 -LRB103 30519 JDS 62533 a


1 services identified in this subsection. At a minimum, this 
2 report shall include the name of the contractor, a 
3 description of the supply or service provided, the total 
4 amount of the contract, the term of the contract, and the 
5 exception to this Code utilized. A copy of any or all of 
6 these contracts shall be made available to the Chief 
7 Procurement Officer immediately upon request. The Chief 
8 Procurement Officer shall submit a report to the Governor 
9 and General Assembly no later than November 1 of each year 
10 that includes, at a minimum, an annual summary of the 
11 monthly information reported to the Chief Procurement 
12 Officer. This exemption becomes inoperative 5 years after 
13 June 25, 2019 (the effective date of Public Act 101-27).
14  (19) Acquisition of modifications or adjustments, 
15 limited to assistive technology devices and assistive 
16 technology services, adaptive equipment, repairs, and 
17 replacement parts to provide reasonable accommodations (i) 
18 that enable a qualified applicant with a disability to 
19 complete the job application process and be considered for 
20 the position such qualified applicant desires, (ii) that 
21 modify or adjust the work environment to enable a 
22 qualified current employee with a disability to perform 
23 the essential functions of the position held by that 
24 employee, (iii) to enable a qualified current employee 
25 with a disability to enjoy equal benefits and privileges 
26 of employment as are enjoyed by other similarly situated 
 
 
10300HB3817sam002- 162 -LRB103 30519 JDS 62533 a


1 employees without disabilities, and (iv) that allow a 
2 customer, client, claimant, or member of the public 
3 seeking State services full use and enjoyment of and 
4 access to its programs, services, or benefits. 
5  For purposes of this paragraph (19):
6  "Assistive technology devices" means any item, piece 
7 of equipment, or product system, whether acquired 
8 commercially off the shelf, modified, or customized, that 
9 is used to increase, maintain, or improve functional 
10 capabilities of individuals with disabilities.
11  "Assistive technology services" means any service that 
12 directly assists an individual with a disability in 
13 selection, acquisition, or use of an assistive technology 
14 device.
15  "Qualified" has the same meaning and use as provided 
16 under the federal Americans with Disabilities Act when 
17 describing an individual with a disability. 
18  (20) Procurement expenditures necessary for the

19 Illinois Commerce Commission to hire third-party

20 facilitators pursuant to Sections 16-105.17 and
16-108.18 
21 of the Public Utilities Act or an ombudsman pursuant to 
22 Section 16-107.5 of the Public Utilities Act, a 
23 facilitator pursuant to Section 16-105.17 of the Public 
24 Utilities Act, or a grid auditor pursuant to Section 
25 16-105.10 of the Public Utilities Act. 
26  (21) Procurement expenditures for the purchase, 
 
 
10300HB3817sam002- 163 -LRB103 30519 JDS 62533 a


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

20 system integration services required for the completion of 
21 the State's enterprise resource planning project. This 
22 exemption becomes inoperative 5 years after the effective 
23 date of this amendatory Act of the 103rd General Assembly. 
24 This paragraph (22) applies to contracts entered into on 
25 or after the effective date of this amendatory Act of the 
26 103rd General Assembly and the renewal of contracts that 
 
 
10300HB3817sam002- 164 -LRB103 30519 JDS 62533 a


1 are in effect on the effective date of this amendatory Act 
2 of the 103rd General Assembly. 
3 Notwithstanding any other provision of law, for contracts 
4with an annual value of more than $100,000 entered into on or 
5after October 1, 2017 under an exemption provided in any 
6paragraph of this subsection (b), except paragraph (1), (2), 
7or (5), each State agency shall post to the appropriate 
8procurement bulletin the name of the contractor, a description 
9of the supply or service provided, the total amount of the 
10contract, the term of the contract, and the exception to the 
11Code utilized. The chief procurement officer shall submit a 
12report to the Governor and General Assembly no later than 
13November 1 of each year that shall include, at a minimum, an 
14annual summary of the monthly information reported to the 
15chief procurement officer. 
16 (c) This Code does not apply to the electric power 
17procurement process provided for under Section 1-75 of the 
18Illinois Power Agency Act and Section 16-111.5 of the Public 
19Utilities Act.
20 (d) Except for Section 20-160 and Article 50 of this Code, 
21and as expressly required by Section 9.1 of the Illinois 
22Lottery Law, the provisions of this Code do not apply to the 
23procurement process provided for under Section 9.1 of the 
24Illinois Lottery Law. 
25 (e) This Code does not apply to the process used by the 
26Capital Development Board to retain a person or entity to 
 
 
10300HB3817sam002- 165 -LRB103 30519 JDS 62533 a


1assist the Capital Development Board with its duties related 
2to the determination of costs of a clean coal SNG brownfield 
3facility, as defined by Section 1-10 of the Illinois Power 
4Agency Act, as required in subsection (h-3) of Section 9-220 
5of the Public Utilities Act, including calculating the range 
6of capital costs, the range of operating and maintenance 
7costs, or the sequestration costs or monitoring the 
8construction of clean coal SNG brownfield facility for the 
9full duration of construction.
10 (f) (Blank). 
11 (g) (Blank).
12 (h) This Code does not apply to the process to procure or 
13contracts entered into in accordance with Sections 11-5.2 and 
1411-5.3 of the Illinois Public Aid Code. 
15 (i) Each chief procurement officer may access records 
16necessary to review whether a contract, purchase, or other 
17expenditure is or is not subject to the provisions of this 
18Code, unless such records would be subject to attorney-client 
19privilege. 
20 (j) This Code does not apply to the process used by the 
21Capital Development Board to retain an artist or work or works 
22of art as required in Section 14 of the Capital Development 
23Board Act. 
24 (k) This Code does not apply to the process to procure 
25contracts, or contracts entered into, by the State Board of 
26Elections or the State Electoral Board for hearing officers 
 
 
10300HB3817sam002- 166 -LRB103 30519 JDS 62533 a


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




21 (30 ILCS 500/10-10)


22 Sec. 10-10. Independent State purchasing officers. 
23 (a) The chief procurement officer shall
appoint and 
24determine the salary of a State purchasing officer for each 
25agency that the chief procurement officer is responsible for 
 
 
10300HB3817sam002- 167 -LRB103 30519 JDS 62533 a


1under Section 1-15.15. A State purchasing officer shall be 
2located in the State agency that the officer serves but shall 
3report to his or her respective chief procurement officer. The 
4State purchasing officer shall have direct communication with 
5agency staff assigned to assist with any procurement process. 
6At the direction of his or her respective chief procurement 
7officer, a State purchasing officer shall have the authority 
8to (i) review any contract or contract amendment prior to 
9execution to ensure that applicable procurement and 
10contracting standards were followed and (ii) approve or reject 
11contracts for a purchasing agency. If the State purchasing 
12officer provides written approval of the contract, the head of 
13the applicable State agency shall have the authority to sign 
14and enter into that contract. All actions of a State 
15purchasing officer are subject to review by a chief 
16procurement officer in accordance with procedures and policies 
17established by the chief procurement officer.
18 (a-5) A State purchasing officer may (i) attend any 
19procurement meetings; (ii) access any records or files related 
20to procurement; (iii) submit reports to the chief procurement 
21officer on procurement issues; (iv) ensure the State agency is 
22maintaining appropriate records; and (v) ensure transparency 
23of the procurement process.
24 (a-10) If a State purchasing officer is aware of 
25misconduct, waste, or inefficiency with respect to State 
26procurement, the State purchasing officer shall advise the 
 
 
10300HB3817sam002- 168 -LRB103 30519 JDS 62533 a


1State agency of the issue in writing. If the State agency does 
2not correct the issue, the State purchasing officer shall 
3report the problem, in writing, to the chief procurement 
4officer and appropriate Inspector General. 
5 (b) In addition to any other requirement or qualification 
6required by State law, within 30 months after appointment, a 
7State purchasing officer must be a Certified Professional 
8Public Buyer or a Certified Public Purchasing Officer, 
9pursuant to certification by the Universal Public Purchasing 
10Certification Council or the Institute for Supply Management. 
11A State purchasing officer shall serve a term of 5 years 
12beginning on the date of the officer's appointment. A State 
13purchasing officer shall have an office located in the State 
14agency that the officer serves but shall report to the chief 
15procurement officer. A State purchasing officer may be removed 
16by a chief procurement officer for cause after a hearing by the 
17Executive Ethics Commission. The chief procurement officer or 
18executive officer of the State agency housing the State 
19purchasing officer may institute a complaint against the State 
20purchasing officer by filing such a complaint with the 
21Commission and the Commission shall have a public hearing 
22based on the complaint. The State purchasing officer, chief 
23procurement officer, and executive officer of the State agency 
24shall receive notice of the hearing and shall be permitted to 
25present their respective arguments on the complaint. After the 
26hearing, the Commission shall make a non-binding 
 
 
10300HB3817sam002- 169 -LRB103 30519 JDS 62533 a


1recommendation on whether the State purchasing officer shall 
2be removed. The salary of a State purchasing officer shall be 
3established by the chief procurement officer and may not be 
4diminished during the officer's term. In the absence of an 
5appointed State purchasing
officer, the applicable
chief 
6procurement officer shall exercise the procurement authority 
7created by
this Code and may appoint a temporary acting State 
8purchasing officer.

9 (c) Each State purchasing officer owes a fiduciary duty to 
10the State. 
11(Source: P.A. 100-43, eff. 8-9-17.)


12 (30 ILCS 500/10-20)
13 Sec. 10-20. Independent chief procurement officers.
14 (a) Appointment. Within 60 calendar days after the 
15effective date of this amendatory Act of the 96th General 
16Assembly, the Executive Ethics Commission, with the advice and 
17consent of the Senate shall appoint or approve 4 chief 
18procurement officers, one for each of the following 
19categories:
20  (1) for procurements for construction and 
21 construction-related services committed by law to the 
22 jurisdiction or responsibility of the Capital Development 
23 Board;
24  (2) for procurements for all construction, 
25 construction-related services, operation of any facility, 
 
 
10300HB3817sam002- 170 -LRB103 30519 JDS 62533 a


1 and the provision of any service or activity committed by 
2 law to the jurisdiction or responsibility of the Illinois 
3 Department of Transportation, including the direct or 
4 reimbursable expenditure of all federal funds for which 
5 the Department of Transportation is responsible or 
6 accountable for the use thereof in accordance with federal 
7 law, regulation, or procedure, the chief procurement 
8 officer recommended for approval under this item appointed 
9 by the Secretary of Transportation after consent by the 
10 Executive Ethics Commission;
11  (3) for all procurements made by a public institution 
12 of higher education; and
13  (4) for all other procurement needs of State agencies. 
14 For fiscal year 2024, the Executive Ethics Commission 
15shall set aside from its appropriation those amounts necessary 
16for the use of the 4 chief procurement officers for the 
17ordinary and contingent expenses of their respective 
18procurement offices. From the amounts set aside by the 
19Commission, each chief procurement officer shall control the 
20internal operations of his or her procurement office and shall 
21procure the necessary equipment, materials, and services to 
22perform the duties of that office, including hiring necessary 
23procurement personnel, legal advisors and other employees, and 
24may establish, in the exercise of the chief procurement 
25officer's discretion, the compensation of the office's 
26employees, which includes the State purchasing officers and 
 
 
10300HB3817sam002- 171 -LRB103 30519 JDS 62533 a


1any legal advisors. The Executive Ethics Commission shall have 
2no control over the employees of the chief procurement 
3officers. The Executive Ethics Commission shall provide 
4administrative support services, including payroll, for each 
5procurement office. A chief procurement officer shall be 
6responsible to the Executive Ethics Commission but must be 
7located within the agency that the officer provides with 
8procurement services. The chief procurement officer for higher 
9education shall have an office located within the Board of 
10Higher Education, unless otherwise designated by the Executive 
11Ethics Commission. The chief procurement officer for all other 
12procurement needs of the State shall have an office located 
13within the Department of Central Management Services, unless 
14otherwise designated by the Executive Ethics Commission. 
15 (b) Terms and independence. Each chief procurement officer 
16appointed under this Section shall serve for a term of 5 years 
17beginning on the date of the officer's appointment. The chief 
18procurement officer may be removed for cause after a hearing 
19by the Executive Ethics Commission. The Governor or the 
20director of a State agency directly responsible to the 
21Governor may institute a complaint against the officer by 
22filing such complaint with the Commission. The Commission 
23shall have a hearing based on the complaint. The officer and 
24the complainant shall receive reasonable notice of the hearing 
25and shall be permitted to present their respective arguments 
26on the complaint. After the hearing, the Commission shall make 
 
 
10300HB3817sam002- 172 -LRB103 30519 JDS 62533 a


1a finding on the complaint and may take disciplinary action, 
2including but not limited to removal of the officer.
3 The salary of a chief procurement officer shall be 
4established by the Executive Ethics Commission and may not be 
5diminished during the officer's term. The salary may not 
6exceed the salary of the director of a State agency for which 
7the officer serves as chief procurement officer.
8 (c) Qualifications. In addition to any other requirement 
9or qualification required by State law, each chief procurement 
10officer must within 12 months of employment be a Certified 
11Professional Public Buyer or a Certified Public Purchasing 
12Officer, pursuant to certification by the Universal Public 
13Purchasing Certification Council, and must reside in Illinois.
14 (d) Fiduciary duty. Each chief procurement officer owes a 
15fiduciary duty to the State.
16 (e) Vacancy. In case of a vacancy in one or more of the 
17offices of a chief procurement officer under this Section 
18during the recess of the Senate, the Executive Ethics 
19Commission shall make a temporary appointment until the next 
20meeting of the Senate, when the Executive Ethics Commission 
21shall nominate some person to fill the office, and any person 
22so nominated who is confirmed by the Senate shall hold office 
23during the remainder of the term and until his or her successor 
24is appointed and qualified. If the Senate is not in session at 
25the time this amendatory Act of the 96th General Assembly 
26takes effect, the Executive Ethics Commission shall make a 
 
 
10300HB3817sam002- 173 -LRB103 30519 JDS 62533 a


1temporary appointment as in the case of a vacancy.
2 (f) (Blank).
3 (g) (Blank). 
4(Source: P.A. 98-1076, eff. 1-1-15.)

5 Section 5-65. The Illinois Works Jobs Program Act is 
6amended by changing Section 20-15 as follows:

7 (30 ILCS 559/20-15)

8 Sec. 20-15. Illinois Works Preapprenticeship Program; 
9Illinois Works Bid Credit Program. 
10 (a) The Illinois Works Preapprenticeship Program is 
11established and shall be administered by the Department. The 
12goal of the Illinois Works Preapprenticeship Program is to 
13create a network of community-based organizations throughout 
14the State that will recruit, prescreen, and provide 
15preapprenticeship skills training, for which participants may 
16attend free of charge and receive a stipend, to create a 
17qualified, diverse pipeline of workers who are prepared for 
18careers in the construction and building trades. Upon 
19completion of the Illinois Works Preapprenticeship Program, 
20the candidates will be skilled and work-ready. 
21 (b) There is created the Illinois Works Fund, a special 
22fund in the State treasury. The Illinois Works Fund shall be 
23administered by the Department. The Illinois Works Fund shall 
24be used to provide funding for community-based organizations 
 
 
10300HB3817sam002- 174 -LRB103 30519 JDS 62533 a


1throughout the State. In addition to any other transfers that 
2may be provided for by law, on and after July 1, 2019 at the 
3direction of the Director of the Governor's Office of 
4Management and Budget, the State Comptroller shall direct and 
5the State Treasurer shall transfer amounts not exceeding a 
6total of $50,000,000 $25,000,000 from the Rebuild Illinois 
7Projects Fund to the Illinois Works Fund.
8 (c) Each community-based organization that receives 
9funding from the Illinois Works Fund shall provide an annual 
10report to the Illinois Works Review Panel by April 1 of each 
11calendar year. The annual report shall include the following 
12information: 
13  (1) a description of the community-based 
14 organization's recruitment, screening, and training 
15 efforts; 
16  (2) the number of individuals who apply to, 
17 participate in, and complete the community-based 
18 organization's program, broken down by race, gender, age, 
19 and veteran status; and
20 (3) the number of the individuals referenced in item (2) 
21 of this subsection who are initially accepted and placed 
22 into apprenticeship programs in the construction and 
23 building trades. 
24 (d) The Department shall create and administer the 
25Illinois Works Bid Credit Program that shall provide economic 
26incentives, through bid credits, to encourage contractors and 
 
 
10300HB3817sam002- 175 -LRB103 30519 JDS 62533 a


1subcontractors to provide contracting and employment 
2opportunities to historically underrepresented populations in 
3the construction industry. 
4 The Illinois Works Bid Credit Program shall allow 
5contractors and subcontractors to earn bid credits for use 
6toward future bids for public works projects contracted by the 
7State or an agency of the State in order to increase the 
8chances that the contractor and the subcontractors will be 
9selected.
10 Contractors or subcontractors may be eligible for bid 
11credits for employing apprentices who have completed the 
12Illinois Works Preapprenticeship Program on public works 
13projects contracted by the State or any agency of the State. 
14Contractors or subcontractors shall earn bid credits at a rate 
15established by the Department and based on labor hours worked 
16on State-contracted public works projects by apprentices who 
17have completed the Illinois Works Preapprenticeship Program. 
18The Department shall establish the rate by rule and shall 
19publish it on the Department's website. The rule may include 
20maximum bid credits allowed per contractor, per subcontractor, 
21per apprentice, per bid, or per year. 
22 The Illinois Works Credit Bank is hereby created and shall 
23be administered by the Department. The Illinois Works Credit 
24Bank shall track the bid credits. 
25 A contractor or subcontractor who has been awarded bid 
26credits under any other State program for employing 
 
 
10300HB3817sam002- 176 -LRB103 30519 JDS 62533 a


1apprentices who have completed the Illinois Works 
2Preapprenticeship Program is not eligible to receive bid 
3credits under the Illinois Works Bid Credit Program relating 
4to the same contract.
5 The Department shall report to the Illinois Works Review 
6Panel the following: (i) the number of bid credits awarded by 
7the Department; (ii) the number of bid credits submitted by 
8the contractor or subcontractor to the agency administering 
9the public works contract; and (iii) the number of bid credits 
10accepted by the agency for such contract. Any agency that 
11awards bid credits pursuant to the Illinois Works Credit Bank 
12Program shall report to the Department the number of bid 
13credits it accepted for the public works contract.
14 Upon a finding that a contractor or subcontractor has 
15reported falsified records to the Department in order to 
16fraudulently obtain bid credits, the Department may bar the 
17contractor or subcontractor from participating in the Illinois 
18Works Bid Credit Program and may suspend the contractor or 
19subcontractor from bidding on or participating in any public 
20works project. False or fraudulent claims for payment relating 
21to false bid credits may be subject to damages and penalties 
22under applicable law. 
23 (e) The Department shall adopt any rules deemed necessary 
24to implement this Section. In order to provide for the 
25expeditious and timely implementation of this Act, the 
26Department may adopt emergency rules. The adoption of 
 
 
10300HB3817sam002- 177 -LRB103 30519 JDS 62533 a


1emergency rules authorized by this subsection is deemed to be 
2necessary for the public interest, safety, and welfare.

3(Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.)

4 Section 5-70. The Private Colleges and Universities 
5Capital Distribution Formula Act is amended by changing 
6Section 25-15 as follows:

7 (30 ILCS 769/25-15)
8 Sec. 25-15. Transfer of funds to another independent 
9college. 
10 (a) If an institution received a grant under this Article 
11and subsequently fails to meet the definition of "independent 
12college", the remaining funds shall be re-distributed as 
13provided in Section 25-10 to those institutions that have an 
14active grant under this Article, unless the campus or 
15facilities for which the grant was given are subsequently 
16operated by another institution that qualifies as an 
17independent college under this Article.
18 (b) If the facilities of a former independent college are 
19operated by another entity that qualifies as an independent 
20college as provided in subsection (a) of this Section, then 
21the entire balance of the grant provided under this Article 
22remaining on the date the former independent college ceased 
23operations, including any amount that had been withheld after 
24the former independent college ceased operations, shall be 
 
 
10300HB3817sam002- 178 -LRB103 30519 JDS 62533 a


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

23 (d) Notwithstanding subsection (a) of this Section, on or 
24after the effective date of this amendatory Act of the 103rd 
25General Assembly, remaining funds returned to the State by an 
26institution that failed to meet the definition of "independent 
 
 
10300HB3817sam002- 179 -LRB103 30519 JDS 62533 a


1college" and that received a grant from appropriations enacted 
2prior to June 28, 2019, shall not be re-distributed. Any such 
3funds shall instead be added to the funds made available in the 
4first grant cycle under subsection (d) of Section 25-10 by the 
5Board of Higher Education following the effective date of this 
6amendatory Act of the 103rd General Assembly and shall be 
7distributed pursuant to the formula as provided in subsection 
8(d) of Section 25-10. 
9(Source: P.A. 101-10, eff. 6-5-19.)

10 Section 5-75. The Illinois Income Tax Act is amended by 
11changing Section 901 as follows:



12 (35 ILCS 5/901)


13 Sec. 901. Collection authority. 
14 (a) In general. The Department shall collect the taxes 
15imposed by this Act. The Department
shall collect certified 
16past due child support amounts under Section 2505-650
of the 
17Department of Revenue Law of the
Civil Administrative Code of 
18Illinois. Except as
provided in subsections (b), (c), (e), 
19(f), (g), and (h) of this Section, money collected
pursuant to 
20subsections (a) and (b) of Section 201 of this Act shall be

21paid into the General Revenue Fund in the State treasury; 
22money
collected pursuant to subsections (c) and (d) of Section 
23201 of this Act
shall be paid into the Personal Property Tax 
24Replacement Fund, a special
fund in the State Treasury; and 
 
 
10300HB3817sam002- 180 -LRB103 30519 JDS 62533 a


1money collected under Section 2505-650 of the
Department of 
2Revenue Law of the
Civil Administrative Code of Illinois shall 
3be paid
into the
Child Support Enforcement Trust Fund, a 
4special fund outside the State
Treasury, or
to the State

5Disbursement Unit established under Section 10-26 of the 
6Illinois Public Aid
Code, as directed by the Department of 
7Healthcare and Family Services.
8 (b) Local Government Distributive Fund. Beginning August 
91, 2017 and continuing through July 31, 2022, the Treasurer 
10shall transfer each month from the General Revenue Fund to the 
11Local Government Distributive Fund an amount equal to the sum 
12of: (i) 6.06% (10% of the ratio of the 3% individual income tax 
13rate prior to 2011 to the 4.95% individual income tax rate 
14after July 1, 2017) of the net revenue realized from the tax 
15imposed by subsections (a) and (b) of Section 201 of this Act 
16upon individuals, trusts, and estates during the preceding 
17month; (ii) 6.85% (10% of the ratio of the 4.8% corporate 
18income tax rate prior to 2011 to the 7% corporate income tax 
19rate after July 1, 2017) of the net revenue realized from the 
20tax imposed by subsections (a) and (b) of Section 201 of this 
21Act upon corporations during the preceding month; and (iii) 
22beginning February 1, 2022, 6.06% of the net revenue realized 
23from the tax imposed by subsection (p) of Section 201 of this 
24Act upon electing pass-through entities. Beginning August 1, 
252022 and continuing through July 31, 2023, the Treasurer shall 
26transfer each month from the General Revenue Fund to the Local 
 
 
10300HB3817sam002- 181 -LRB103 30519 JDS 62533 a


1Government Distributive Fund an amount equal to the sum of: 
2(i) 6.16% of the net revenue realized from the tax imposed by 
3subsections (a) and (b) of Section 201 of this Act upon 
4individuals, trusts, and estates during the preceding month; 
5(ii) 6.85% of the net revenue realized from the tax imposed by 
6subsections (a) and (b) of Section 201 of this Act upon 
7corporations during the preceding month; and (iii) 6.16% of 
8the net revenue realized from the tax imposed by subsection 
9(p) of Section 201 of this Act upon electing pass-through 
10entities. Beginning August 1, 2023, the Treasurer shall 
11transfer each month from the General Revenue Fund to the Local 
12Government Distributive Fund an amount equal to the sum of: 
13(i) 6.47% of the net revenue realized from the tax imposed by 
14subsections (a) and (b) of Section 201 of this Act upon 
15individuals, trusts, and estates during the preceding month; 
16(ii) 6.85% of the net revenue realized from the tax imposed by 
17subsections (a) and (b) of Section 201 of this Act upon 
18corporations during the preceding month; and (iii) 6.47% of 
19the net revenue realized from the tax imposed by subsection 
20(p) of Section 201 of this Act upon electing pass-through 
21entities. Net revenue realized for a month shall be defined as 
22the
revenue from the tax imposed by subsections (a) and (b) of 
23Section 201 of this
Act which is deposited into in the General 
24Revenue Fund, the Education Assistance
Fund, the Income Tax 
25Surcharge Local Government Distributive Fund, the Fund for the 
26Advancement of Education, and the Commitment to Human Services 
 
 
10300HB3817sam002- 182 -LRB103 30519 JDS 62533 a


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

19 treasury known as the Income Tax Refund Fund. Beginning 
20 with State fiscal year 1990 and for each fiscal year

21 thereafter, the percentage deposited into the Income Tax 
22 Refund Fund during a
fiscal year shall be the Annual 
23 Percentage. For fiscal year 2011, the Annual Percentage 
24 shall be 8.75%. For fiscal year 2012, the Annual 
25 Percentage shall be 8.75%. For fiscal year 2013, the 
26 Annual Percentage shall be 9.75%. For fiscal year 2014, 
 
 
10300HB3817sam002- 183 -LRB103 30519 JDS 62533 a


1 the Annual Percentage shall be 9.5%. For fiscal year 2015, 
2 the Annual Percentage shall be 10%. For fiscal year 2018, 
3 the Annual Percentage shall be 9.8%. For fiscal year 2019, 
4 the Annual Percentage shall be 9.7%. For fiscal year 2020, 
5 the Annual Percentage shall be 9.5%. For fiscal year 2021, 
6 the Annual Percentage shall be 9%. For fiscal year 2022, 
7 the Annual Percentage shall be 9.25%. For fiscal year 
8 2023, the Annual Percentage shall be 9.25%. For fiscal 
9 year 2024, the Annual Percentage shall be 9.15%. For all 
10 other
fiscal years, the
Annual Percentage shall be 
11 calculated as a fraction, the numerator of which
shall be 
12 the amount of refunds approved for payment by the 
13 Department during
the preceding fiscal year as a result of 
14 overpayment of tax liability under
subsections (a) and 
15 (b)(1), (2), and (3) of Section 201 of this Act plus the

16 amount of such refunds remaining approved but unpaid at 
17 the end of the
preceding fiscal year, minus the amounts 
18 transferred into the Income Tax
Refund Fund from the 
19 Tobacco Settlement Recovery Fund, and
the denominator of 
20 which shall be the amounts which will be collected 
21 pursuant
to subsections (a) and (b)(1), (2), and (3) of 
22 Section 201 of this Act during
the preceding fiscal year; 
23 except that in State fiscal year 2002, the Annual

24 Percentage shall in no event exceed 7.6%. The Director of 
25 Revenue shall
certify the Annual Percentage to the 
26 Comptroller on the last business day of
the fiscal year 
 
 
10300HB3817sam002- 184 -LRB103 30519 JDS 62533 a


1 immediately preceding the fiscal year for which it is to 
2 be
effective.
3  (2) Beginning on January 1, 1989 and thereafter, the 
4 Department shall
deposit a percentage of the amounts 
5 collected pursuant to subsections (a)
and (b)(6), (7), and 
6 (8), (c) and (d) of Section 201
of this Act into a fund in 
7 the State treasury known as the Income Tax
Refund Fund. 
8 Beginning
with State fiscal year 1990 and for each fiscal 
9 year thereafter, the
percentage deposited into the Income 
10 Tax Refund Fund during a fiscal year
shall be the Annual 
11 Percentage. For fiscal year 2011, the Annual Percentage 
12 shall be 17.5%. For fiscal year 2012, the Annual 
13 Percentage shall be 17.5%. For fiscal year 2013, the 
14 Annual Percentage shall be 14%. For fiscal year 2014, the 
15 Annual Percentage shall be 13.4%. For fiscal year 2015, 
16 the Annual Percentage shall be 14%. For fiscal year 2018, 
17 the Annual Percentage shall be 17.5%. For fiscal year 
18 2019, the Annual Percentage shall be 15.5%. For fiscal 
19 year 2020, the Annual Percentage shall be 14.25%. For 
20 fiscal year 2021, the Annual Percentage shall be 14%. For 
21 fiscal year 2022, the Annual Percentage shall be 15%. For 
22 fiscal year 2023, the Annual Percentage shall be 14.5%. 
23 For fiscal year 2024, the Annual Percentage shall be 14%. 
24 For all other fiscal years, the Annual
Percentage shall be 
25 calculated
as a fraction, the numerator of which shall be 
26 the amount of refunds
approved for payment by the 
 
 
10300HB3817sam002- 185 -LRB103 30519 JDS 62533 a


1 Department during the preceding fiscal year as
a result of 
2 overpayment of tax liability under subsections (a) and 
3 (b)(6),
(7), and (8), (c) and (d) of Section 201 of this 
4 Act plus the
amount of such refunds remaining approved but 
5 unpaid at the end of the
preceding fiscal year, and the 
6 denominator of
which shall be the amounts which will be 
7 collected pursuant to subsections (a)
and (b)(6), (7), and 
8 (8), (c) and (d) of Section 201 of this Act during the

9 preceding fiscal year; except that in State fiscal year 
10 2002, the Annual
Percentage shall in no event exceed 23%. 
11 The Director of Revenue shall
certify the Annual 
12 Percentage to the Comptroller on the last business day of

13 the fiscal year immediately preceding the fiscal year for 
14 which it is to be
effective.
15  (3) The Comptroller shall order transferred and the 
16 Treasurer shall
transfer from the Tobacco Settlement 
17 Recovery Fund to the Income Tax Refund
Fund (i) 
18 $35,000,000 in January, 2001, (ii) $35,000,000 in January, 
19 2002, and
(iii) $35,000,000 in January, 2003.
20 (d) Expenditures from Income Tax Refund Fund.
21  (1) Beginning January 1, 1989, money in the Income Tax 
22 Refund Fund
shall be expended exclusively for the purpose 
23 of paying refunds resulting
from overpayment of tax 
24 liability under Section 201 of this Act
and for
making 
25 transfers pursuant to this subsection (d), except that in 
26 State fiscal years 2022 and 2023, moneys in the Income Tax 
 
 
10300HB3817sam002- 186 -LRB103 30519 JDS 62533 a


1 Refund Fund shall also be used to pay one-time rebate 
2 payments as provided under Sections 208.5 and 212.1.
3  (2) The Director shall order payment of refunds 
4 resulting from
overpayment of tax liability under Section 
5 201 of this Act from the
Income Tax Refund Fund only to the 
6 extent that amounts collected pursuant
to Section 201 of 
7 this Act and transfers pursuant to this subsection (d)
and 
8 item (3) of subsection (c) have been deposited and 
9 retained in the
Fund.
10  (3) As soon as possible after the end of each fiscal 
11 year, the Director
shall
order transferred and the State 
12 Treasurer and State Comptroller shall
transfer from the 
13 Income Tax Refund Fund to the Personal Property Tax

14 Replacement Fund an amount, certified by the Director to 
15 the Comptroller,
equal to the excess of the amount 
16 collected pursuant to subsections (c) and
(d) of Section 
17 201 of this Act deposited into the Income Tax Refund Fund

18 during the fiscal year over the amount of refunds 
19 resulting from
overpayment of tax liability under 
20 subsections (c) and (d) of Section 201
of this Act paid 
21 from the Income Tax Refund Fund during the fiscal year.
22  (4) As soon as possible after the end of each fiscal 
23 year, the Director shall
order transferred and the State 
24 Treasurer and State Comptroller shall
transfer from the 
25 Personal Property Tax Replacement Fund to the Income Tax

26 Refund Fund an amount, certified by the Director to the 
 
 
10300HB3817sam002- 187 -LRB103 30519 JDS 62533 a


1 Comptroller, equal
to the excess of the amount of refunds 
2 resulting from overpayment of tax
liability under 
3 subsections (c) and (d) of Section 201 of this Act paid

4 from the Income Tax Refund Fund during the fiscal year 
5 over the amount
collected pursuant to subsections (c) and 
6 (d) of Section 201 of this Act
deposited into the Income 
7 Tax Refund Fund during the fiscal year.
8  (4.5) As soon as possible after the end of fiscal year 
9 1999 and of each
fiscal year
thereafter, the Director 
10 shall order transferred and the State Treasurer and
State 
11 Comptroller shall transfer from the Income Tax Refund Fund 
12 to the General
Revenue Fund any surplus remaining in the 
13 Income Tax Refund Fund as of the end
of such fiscal year; 
14 excluding for fiscal years 2000, 2001, and 2002
amounts 
15 attributable to transfers under item (3) of subsection (c) 
16 less refunds
resulting from the earned income tax credit, 
17 and excluding for fiscal year 2022 amounts attributable to 
18 transfers from the General Revenue Fund authorized by 
19 Public Act 102-700 this amendatory Act of the 102nd 
20 General Assembly.
21  (5) This Act shall constitute an irrevocable and 
22 continuing
appropriation from the Income Tax Refund Fund 
23 for the purposes of (i) paying
refunds upon the order of 
24 the Director in accordance with the provisions of
this 
25 Section and (ii) paying one-time rebate payments under 
26 Sections 208.5 and 212.1.
 
 
10300HB3817sam002- 188 -LRB103 30519 JDS 62533 a


1 (e) Deposits into the Education Assistance Fund and the 
2Income Tax
Surcharge Local Government Distributive Fund. On 
3July 1, 1991, and thereafter, of the amounts collected 
4pursuant to
subsections (a) and (b) of Section 201 of this Act, 
5minus deposits into the
Income Tax Refund Fund, the Department 
6shall deposit 7.3% into the
Education Assistance Fund in the 
7State Treasury. Beginning July 1, 1991,
and continuing through 
8January 31, 1993, of the amounts collected pursuant to

9subsections (a) and (b) of Section 201 of the Illinois Income 
10Tax Act, minus
deposits into the Income Tax Refund Fund, the 
11Department shall deposit 3.0%
into the Income Tax Surcharge 
12Local Government Distributive Fund in the State
Treasury. 
13Beginning February 1, 1993 and continuing through June 30, 
141993, of
the amounts collected pursuant to subsections (a) and 
15(b) of Section 201 of the
Illinois Income Tax Act, minus 
16deposits into the Income Tax Refund Fund, the
Department shall 
17deposit 4.4% into the Income Tax Surcharge Local Government

18Distributive Fund in the State Treasury. Beginning July 1, 
191993, and
continuing through June 30, 1994, of the amounts 
20collected under subsections
(a) and (b) of Section 201 of this 
21Act, minus deposits into the Income Tax
Refund Fund, the 
22Department shall deposit 1.475% into the Income Tax Surcharge

23Local Government Distributive Fund in the State Treasury.
24 (f) Deposits into the Fund for the Advancement of 
25Education. Beginning February 1, 2015, the Department shall 
26deposit the following portions of the revenue realized from 
 
 
10300HB3817sam002- 189 -LRB103 30519 JDS 62533 a


1the tax imposed upon individuals, trusts, and estates by 
2subsections (a) and (b) of Section 201 of this Act, minus 
3deposits into the Income Tax Refund Fund, into the Fund for the 
4Advancement of Education: 
5  (1) beginning February 1, 2015, and prior to February 
6 1, 2025, 1/30; and 
7  (2) beginning February 1, 2025, 1/26. 
8 If the rate of tax imposed by subsection (a) and (b) of 
9Section 201 is reduced pursuant to Section 201.5 of this Act, 
10the Department shall not make the deposits required by this 
11subsection (f) on or after the effective date of the 
12reduction. 
13 (g) Deposits into the Commitment to Human Services Fund. 
14Beginning February 1, 2015, the Department shall deposit the 
15following portions of the revenue realized from the tax 
16imposed upon individuals, trusts, and estates by subsections 
17(a) and (b) of Section 201 of this Act, minus deposits into the 
18Income Tax Refund Fund, into the Commitment to Human Services 
19Fund: 
20  (1) beginning February 1, 2015, and prior to February 
21 1, 2025, 1/30; and 
22  (2) beginning February 1, 2025, 1/26. 
23 If the rate of tax imposed by subsection (a) and (b) of 
24Section 201 is reduced pursuant to Section 201.5 of this Act, 
25the Department shall not make the deposits required by this 
26subsection (g) on or after the effective date of the 
 
 
10300HB3817sam002- 190 -LRB103 30519 JDS 62533 a


1reduction. 
2 (h) Deposits into the Tax Compliance and Administration 
3Fund. Beginning on the first day of the first calendar month to 
4occur on or after August 26, 2014 (the effective date of Public 
5Act 98-1098), each month the Department shall pay into the Tax 
6Compliance and Administration Fund, to be used, subject to 
7appropriation, to fund additional auditors and compliance 
8personnel at the Department, an amount equal to 1/12 of 5% of 
9the cash receipts collected during the preceding fiscal year 
10by the Audit Bureau of the Department from the tax imposed by 
11subsections (a), (b), (c), and (d) of Section 201 of this Act, 
12net of deposits into the Income Tax Refund Fund made from those 
13cash receipts. 
14(Source: P.A. 101-8, see Section 99 for effective date; 
15101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff. 
166-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, 
17eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff. 4-19-22; 
18102-813, eff. 5-13-22; revised 8-2-22.)


19 Section 5-80. The Hotel Operators' Occupation Tax Act is 
20amended by changing Section 6 as follows:




21 (35 ILCS 145/6) (from Ch. 120, par. 481b.36)



22 Sec. 6. Filing of returns and distribution of revenue 
23proceeds. Except as provided hereinafter in this Section, on 
24or before
the last day of each calendar month, every person 
 
 
10300HB3817sam002- 191 -LRB103 30519 JDS 62533 a


1engaged in the
business of renting, leasing or letting rooms 
2in a hotel in this State
during the preceding calendar month 
3shall file a return with the
Department, stating:

4  1. The name of the operator;

5  2. His residence address and the address of his 
6 principal place of
business and the address of the 
7 principal place of business (if that is
a different 
8 address) from which he engages in the business of renting,

9 leasing or letting rooms in a hotel in this State;

10  3. Total amount of rental receipts received by him 
11 during the
preceding calendar month from renting, leasing 
12 or letting rooms during
such preceding calendar month;

13  4. Total amount of rental receipts received by him 
14 during the
preceding calendar month from renting, leasing 
15 or letting rooms to
permanent residents during such 
16 preceding calendar month;

17  5. Total amount of other exclusions from gross rental 
18 receipts
allowed by this Act;

19  6. Gross rental receipts which were received by him 
20 during the
preceding calendar month and upon the basis of 
21 which the tax is imposed;

22  7. The amount of tax due;

23  8. Such other reasonable information as the Department 
24 may require.

25 If the operator's average monthly tax liability to the 
26Department
does not exceed $200, the Department may authorize 
 
 
10300HB3817sam002- 192 -LRB103 30519 JDS 62533 a


1his returns to be
filed on a quarter annual basis, with the 
2return for January, February
and March of a given year being 
3due by April 30 of such year; with the
return for April, May 
4and June of a given year being due by July 31 of
such year; 
5with the return for July, August and September of a given
year 
6being due by October 31 of such year, and with the return for

7October, November and December of a given year being due by 
8January 31
of the following year.

9 If the operator's average monthly tax liability to the 
10Department
does not exceed $50, the Department may authorize 
11his returns to be
filed on an annual basis, with the return for 
12a given year being due by
January 31 of the following year.

13 Such quarter annual and annual returns, as to form and 
14substance,
shall be subject to the same requirements as 
15monthly returns.

16 Notwithstanding any other provision in this Act concerning 
17the time
within which an operator may file his return, in the 
18case of any
operator who ceases to engage in a kind of business 
19which makes him
responsible for filing returns under this Act, 
20such operator shall file
a final return under this Act with the 
21Department not more than 1 month
after discontinuing such 
22business.

23 Where the same person has more than 1 business registered 
24with the
Department under separate registrations under this 
25Act, such person
shall not file each return that is due as a 
26single return covering all
such registered businesses, but 
 
 
10300HB3817sam002- 193 -LRB103 30519 JDS 62533 a


1shall file separate returns for each
such registered business.

2 In his return, the operator shall determine the value of 
3any
consideration other than money received by him in 
4connection with the
renting, leasing or letting of rooms in 
5the course of his business and
he shall include such value in 
6his return. Such determination shall be
subject to review and 
7revision by the Department in the manner
hereinafter provided 
8for the correction of returns.

9 Where the operator is a corporation, the return filed on 
10behalf of
such corporation shall be signed by the president, 
11vice-president,
secretary or treasurer or by the properly 
12accredited agent of such
corporation.

13 The person filing the return herein provided for shall, at 
14the time of
filing such return, pay to the Department the 
15amount of tax herein imposed.
The operator filing the return 
16under this Section shall, at the time of
filing such return, 
17pay to the Department the amount of tax imposed by this
Act 
18less a discount of 2.1% or $25 per calendar year, whichever is 
19greater,
which is allowed to reimburse the operator for the 
20expenses incurred in
keeping records, preparing and filing 
21returns, remitting the tax and
supplying data to the 
22Department on request.

23 If any payment provided for in this Section exceeds the 
24operator's liabilities under this Act, as shown on an original 
25return, the Department may authorize the operator to credit 
26such excess payment against liability subsequently to be 
 
 
10300HB3817sam002- 194 -LRB103 30519 JDS 62533 a


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

25Sports Facilities Fund and credited to the Advance Account 
26each fiscal year
shall be increased from $8,000,000 to the 
 
 
10300HB3817sam002- 195 -LRB103 30519 JDS 62533 a


1then applicable Advance Amount and
the required monthly 
2deposits beginning with July 2001 shall be in the amount
of 1/8 
3of the then applicable Advance Amount plus any cumulative 
4deficiencies
in those deposits for prior months. (The deposits 
5of the additional $8,000,000
or the then applicable Advance 
6Amount, as applicable,
during each fiscal year shall be 
7treated as advances
of funds to the Illinois Sports Facilities 
8Authority for its corporate
purposes to the extent paid to the 
9Authority or its trustee and shall be
repaid into the General 
10Revenue Fund in the State Treasury by the State
Treasurer on 
11behalf of the Authority pursuant to Section 19 of the Illinois

12Sports Facilities Authority Act, as amended. If in any fiscal 
13year the full
amount of the then applicable Advance Amount
is 
14not repaid into the General Revenue Fund, then the deficiency 
15shall be paid
from the amount in the Local Government 
16Distributive Fund that would otherwise
be allocated to the 
17City of Chicago under the State Revenue Sharing Act.)

18 For purposes of the foregoing paragraph, the term "Advance 
19Amount"
means, for fiscal year 2002, $22,179,000, and for 
20subsequent fiscal years
through fiscal year 2033, 105.615% of 
21the Advance Amount for the immediately
preceding fiscal year, 
22rounded up to the nearest $1,000.

23 Of the remaining 60% of the amount of total net proceeds 
24prior to August 1, 2011 from the tax
imposed by subsection (a) 
25of Section 3 after all required deposits in the
Illinois 
26Sports Facilities Fund, the amount equal to 8% of the net 
 
 
10300HB3817sam002- 196 -LRB103 30519 JDS 62533 a


1revenue
realized from this Act plus an amount equal to
8% of 
2the net revenue realized from any tax imposed under Section 
34.05 of the
Chicago World's Fair-1992 Authority Act during the 
4preceding month shall be
deposited in the Local Tourism Fund 
5each month for purposes authorized by
Section 605-705 of the 
6Department of Commerce and Economic Opportunity Law (20 ILCS 
7605/605-705). Of the remaining 60% of the amount of total net 
8revenue proceeds beginning on August 1, 2011 through June 30, 
92023, from the tax imposed by subsection (a) of Section 3 after 
10all required deposits into in the Illinois Sports Facilities 
11Fund, an amount equal to 8% of the net revenue realized from 
12this Act plus an amount equal to 8% of the net revenue realized 
13from any tax imposed under Section 4.05 of the Chicago World's 
14Fair-1992 Authority Act during the preceding month shall be 
15deposited as follows: 18% of such amount shall be deposited 
16into the Chicago Travel Industry Promotion Fund for the 
17purposes described in subsection (n) of Section 5 of the 
18Metropolitan Pier and Exposition Authority Act and the 
19remaining 82% of such amount shall be deposited into the Local 
20Tourism Fund each month for purposes authorized by Section 
21605-705 of the Department of Commerce and Economic Opportunity 
22Law. Beginning on August 1, 1999 and ending on July 31, 2011, 
23an amount equal to 4.5% of the net revenue
realized from the 
24Hotel Operators' Occupation Tax Act during the preceding
month 
25shall be deposited into the International Tourism Fund for the 
26purposes
authorized in Section 605-707 of the Department of 
 
 
10300HB3817sam002- 197 -LRB103 30519 JDS 62533 a


1Commerce
and Economic Opportunity Law. Beginning on August 1, 
22011 and through June 30, 2023, an amount equal to 4.5% of the 
3net revenue realized from this Act during the preceding month 
4shall be deposited as follows: 55% of such amount shall be 
5deposited into the Chicago Travel Industry Promotion Fund for 
6the purposes described in subsection (n) of Section 5 of the 
7Metropolitan Pier and Exposition Authority Act and the 
8remaining 45% of such amount deposited into the International 
9Tourism Fund for the purposes authorized in Section 605-707 of 
10the Department of Commerce and Economic Opportunity Law. "Net

11revenue realized for a month" means the revenue collected by 
12the State under this
that Act during the previous month less 
13the amount paid out during that same
month as refunds to 
14taxpayers for overpayment of liability under this that Act.

15 Beginning on July 1, 2023, of the remaining 60% of the 
16amount of total net revenue realized from the tax imposed 
17under subsection (a) of Section 3, after all required deposits 
18into the Illinois Sports Facilities Fund: 
19  (1) an amount equal to 8% of the net revenue realized

20 under this Act for the preceding month shall be deposited 
21 as follows: 82% to the Local Tourism Fund and 18% to the 
22 Chicago Travel Industry Promotion Fund; and
23  (2) an amount equal to 4.5% of the net revenue

24 realized under this Act for the preceding month shall be 
25 deposited as follows: 55% to the Chicago Travel Industry 
26 Promotion Fund and 45% to the International Tourism Fund. 
 
 
10300HB3817sam002- 198 -LRB103 30519 JDS 62533 a


1 After making all these deposits, any remaining net revenue 
2realized from all other proceeds of the tax imposed under

3subsection (a) of Section 3 shall be deposited into in the 
4Tourism Promotion Fund in
the State Treasury. All moneys 
5received by the Department from the additional
tax imposed 
6under subsection (b) of Section 3 shall be deposited into the 
7Build
Illinois Fund in the State Treasury.

8 The Department may, upon separate written notice to a 
9taxpayer, require
the taxpayer to prepare and file with the 
10Department on a form prescribed
by the Department within not 
11less than 60 days after receipt of the notice
an annual 
12information return for the tax year specified in the notice.

13Such annual return to the Department shall include a statement 
14of gross
receipts as shown by the operator's last State income 
15tax return. If the
total receipts of the business as reported 
16in the State income tax return
do not agree with the gross 
17receipts reported to the Department for the
same period, the 
18operator shall attach to his annual information return a

19schedule showing a reconciliation of the 2 amounts and the 
20reasons for the
difference. The operator's annual information 
21return to the Department
shall also disclose payroll pay roll 
22information of the operator's business during
the year covered 
23by such return and any additional reasonable information
which 
24the Department deems would be helpful in determining the 
25accuracy of
the monthly, quarterly or annual tax returns by 
26such operator as
hereinbefore provided for in this Section.

 
 
10300HB3817sam002- 199 -LRB103 30519 JDS 62533 a


1 If the annual information return required by this Section 
2is not filed
when and as required the taxpayer shall be liable 
3for a penalty in an
amount determined in accordance with 
4Section 3-4 of the Uniform Penalty and
Interest Act until such 
5return is filed as required, the penalty to be
assessed and 
6collected in the same manner as any other penalty provided
for 
7in this Act.

8 The chief executive officer, proprietor, owner or highest 
9ranking manager
shall sign the annual return to certify the 
10accuracy of the information
contained therein. Any person who 
11willfully signs the annual return containing
false or 
12inaccurate information shall be guilty of perjury and punished

13accordingly. The annual return form prescribed by the 
14Department shall
include a warning that the person signing the 
15return may be liable for perjury.

16 The foregoing portion of this Section concerning the 
17filing of an annual
information return shall not apply to an 
18operator who is not required to
file an income tax return with 
19the United States Government.

20(Source: P.A. 102-16, eff. 6-17-21.)


21 Section 5-85. The Motor Fuel Tax Law is amended by 
22changing Section 8 as follows:




23 (35 ILCS 505/8) (from Ch. 120, par. 424)


24 Sec. 8. Distribution of proceeds of tax. Except as 
 
 
10300HB3817sam002- 200 -LRB103 30519 JDS 62533 a


1provided in subsection (a-1) of this Section, Section 8a, 
2subdivision
(h)(1) of Section 12a, Section 13a.6, and items

313, 14, 15, and 16 of Section 15, all money received by the 
4Department under
this Act, including payments made to the 
5Department by
member jurisdictions participating in the 
6International Fuel Tax Agreement,
shall be deposited into in a 
7special fund in the State treasury, to be known as the
"Motor 
8Fuel Tax Fund", and shall be used as follows:

9 (a) 2 1/2 cents per gallon of the tax collected on special 
10fuel under
paragraph (b) of Section 2 and Section 13a of this 
11Act shall be transferred
to the State Construction Account 
12Fund in the State Treasury; the remainder of the tax collected 
13on special fuel under
paragraph (b) of Section 2 and Section 
1413a of this Act shall be deposited into the Road Fund;

15 (a-1) Beginning on July 1, 2019, an amount equal to the 
16amount of tax collected under subsection (a) of Section 2 and 
17Section 13a as a result of the increase in the tax rate under 
18subsection (a) of Section 2 authorized by Public Act 101-32 
19shall be deposited transferred each month into the 
20Transportation Renewal Fund; provided, however, that the 
21amount that represents the part (b) portion of the rate under 
22Section 13a shall be deposited each month into the Motor Fuel 
23Tax Fund and the Transportation Renewal Fund in the same 
24proportion as the amount collected under subsection (a) of 
25Section 2; 
26 (b) $420,000 shall be transferred each month to the State 
 
 
10300HB3817sam002- 201 -LRB103 30519 JDS 62533 a


1Boating Act
Fund to be used by the Department of Natural 
2Resources for the purposes
specified in Article X of the Boat 
3Registration and Safety Act;

4 (c) $3,500,000 shall be transferred each month to the 
5Grade Crossing
Protection Fund to be used as follows: not less 
6than $12,000,000 each fiscal
year shall be used for the 
7construction or reconstruction of rail highway grade

8separation structures; $5,500,000 in fiscal year 2022 and each 
9fiscal
year
thereafter shall be transferred to the 
10Transportation
Regulatory Fund and shall be used to pay the 
11cost of administration
of the Illinois Commerce Commission's 
12railroad safety program in connection
with its duties under 
13subsection (3) of Section 18c-7401 of the Illinois
Vehicle 
14Code, with the remainder to be used by the Department of 
15Transportation
upon order of the Illinois Commerce Commission, 
16to pay that part of the
cost apportioned by such Commission to 
17the State to cover the interest
of the public in the use of 
18highways, roads, streets, or
pedestrian walkways in the
county 
19highway system, township and district road system, or 
20municipal
street system as defined in the Illinois Highway 
21Code, as the same may
from time to time be amended, for 
22separation of grades, for installation,
construction or 
23reconstruction of crossing protection or reconstruction,

24alteration, relocation including construction or improvement 
25of any
existing highway necessary for access to property or 
26improvement of any
grade crossing and grade crossing surface 
 
 
10300HB3817sam002- 202 -LRB103 30519 JDS 62533 a


1including the necessary highway approaches thereto of any

2railroad across the highway or public road, or for the 
3installation,
construction, reconstruction, or maintenance of 
4safety treatments to deter trespassing or a pedestrian walkway 
5over or
under a railroad right-of-way, as provided for in and 
6in
accordance with Section 18c-7401 of the Illinois Vehicle 
7Code.
The Commission may order up to $2,000,000 per year in 
8Grade Crossing Protection Fund moneys for the improvement of 
9grade crossing surfaces and up to $300,000 per year for the 
10maintenance and renewal of 4-quadrant gate vehicle detection 
11systems located at non-high speed rail grade crossings.
In 
12entering orders for projects for which payments from the Grade 
13Crossing
Protection Fund will be made, the Commission shall 
14account for expenditures
authorized by the orders on a cash 
15rather than an accrual basis. For purposes
of this requirement 
16an "accrual basis" assumes that the total cost of the
project 
17is expended in the fiscal year in which the order is entered, 
18while a
"cash basis" allocates the cost of the project among 
19fiscal years as
expenditures are actually made. To meet the 
20requirements of this subsection,
the Illinois Commerce 
21Commission shall develop annual and 5-year project plans
of 
22rail crossing capital improvements that will be paid for with 
23moneys from
the Grade Crossing Protection Fund. The annual 
24project plan shall identify
projects for the succeeding fiscal 
25year and the 5-year project plan shall
identify projects for 
26the 5 directly succeeding fiscal years. The Commission
shall 
 
 
10300HB3817sam002- 203 -LRB103 30519 JDS 62533 a


1submit the annual and 5-year project plans for this Fund to the 
2Governor,
the President of the Senate, the Senate Minority 
3Leader, the Speaker of the
House of Representatives, and the 
4Minority Leader of the House of
Representatives on
the first 
5Wednesday in April of each year;

6 (d) of the amount remaining after allocations provided for 
7in
subsections (a), (a-1), (b), and (c), a sufficient amount 
8shall be reserved to
pay all of the following:

9  (1) the costs of the Department of Revenue in 
10 administering this
Act;

11  (2) the costs of the Department of Transportation in 
12 performing its
duties imposed by the Illinois Highway Code 
13 for supervising the use of motor
fuel tax funds 
14 apportioned to municipalities, counties and road 
15 districts;

16  (3) refunds provided for in Section 13, refunds for 
17 overpayment of decal fees paid under Section 13a.4 of this 
18 Act, and refunds provided for under the terms
of the 
19 International Fuel Tax Agreement referenced in Section 
20 14a;

21  (4) from October 1, 1985 until June 30, 1994, the 
22 administration of the
Vehicle Emissions Inspection Law, 
23 which amount shall be certified monthly by
the 
24 Environmental Protection Agency to the State Comptroller 
25 and shall promptly
be transferred by the State Comptroller 
26 and Treasurer from the Motor Fuel Tax
Fund to the Vehicle 
 
 
10300HB3817sam002- 204 -LRB103 30519 JDS 62533 a


1 Inspection Fund, and for the period July 1, 1994 through

2 June 30, 2000, one-twelfth of $25,000,000 each month, for 
3 the period July 1, 2000 through June 30, 2003,
one-twelfth 
4 of
$30,000,000
each month,
and $15,000,000 on July 1, 
5 2003, and $15,000,000 on January 1, 2004, and $15,000,000

6 on
each
July
1 and October 1, or as soon thereafter as may 
7 be practical, during the period July 1, 2004 through June 
8 30, 2012,
and $30,000,000 on June 1, 2013, or as soon 
9 thereafter as may be practical, and $15,000,000 on July 1 
10 and October 1, or as soon thereafter as may be practical, 
11 during the period of July 1, 2013 through June 30, 2015, 
12 for the administration of the Vehicle Emissions Inspection 
13 Law of
2005, to be transferred by the State Comptroller 
14 and Treasurer from the Motor
Fuel Tax Fund into the 
15 Vehicle Inspection Fund;

16  (4.5) beginning on July 1, 2019, the costs of the 
17 Environmental Protection Agency for the administration of 
18 the Vehicle Emissions Inspection Law of 2005 shall be 
19 paid, subject to appropriation, from the Motor Fuel Tax 
20 Fund into the Vehicle Inspection Fund; beginning in 2019, 
21 no later than December 31 of each year, or as soon 
22 thereafter as practical, the State Comptroller shall 
23 direct and the State Treasurer shall transfer from the 
24 Vehicle Inspection Fund to the Motor Fuel Tax Fund any 
25 balance remaining in the Vehicle Inspection Fund in excess 
26 of $2,000,000;
 
 
10300HB3817sam002- 205 -LRB103 30519 JDS 62533 a


1  (5) amounts ordered paid by the Court of Claims; and

2  (6) payment of motor fuel use taxes due to member 
3 jurisdictions under
the terms of the International Fuel 
4 Tax Agreement. The Department shall
certify these amounts 
5 to the Comptroller by the 15th day of each month; the

6 Comptroller shall cause orders to be drawn for such 
7 amounts, and the Treasurer
shall administer those amounts 
8 on or before the last day of each month;

9 (e) after allocations for the purposes set forth in 
10subsections
(a), (a-1), (b), (c), and (d), the remaining 
11amount shall be apportioned as follows:

12  (1) Until January 1, 2000, 58.4%, and beginning 
13 January 1, 2000, 45.6%
shall be deposited as follows:

14   (A) 37% into the State Construction Account Fund, 
15 and

16   (B) 63% into the Road Fund, $1,250,000 of which 
17 shall be reserved each
month for the Department of 
18 Transportation to be used in accordance with
the 
19 provisions of Sections 6-901 through 6-906 of the 
20 Illinois Highway Code;

21  (2) Until January 1, 2000, 41.6%, and beginning 
22 January 1, 2000, 54.4%
shall be transferred to the 
23 Department of Transportation to be
distributed as follows:

24   (A) 49.10% to the municipalities of the State,

25   (B) 16.74% to the counties of the State having 
26 1,000,000 or more inhabitants,

 
 
10300HB3817sam002- 206 -LRB103 30519 JDS 62533 a


1   (C) 18.27% to the counties of the State having 
2 less than 1,000,000 inhabitants,

3   (D) 15.89% to the road districts of the State.

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

 
 
10300HB3817sam002- 207 -LRB103 30519 JDS 62533 a


1Federal census. If territory is annexed to any municipality 
2subsequent
to the time of the last preceding census the 
3corporate authorities of
such municipality may cause a census 
4to be taken of such annexed
territory and the population so 
5ascertained for such territory shall be
added to the 
6population of the municipality as determined by the last

7preceding census for the purpose of determining the allotment 
8for that
municipality. If the population of any municipality 
9was not determined
by the last Federal census preceding any 
10apportionment, the
apportionment to such municipality shall be 
11in accordance with any
census taken by such municipality. Any 
12municipal census used in
accordance with this Section shall be 
13certified to the Department of
Transportation by the clerk of 
14such municipality, and the accuracy
thereof shall be subject 
15to approval of the Department which may make
such corrections 
16as it ascertains to be necessary.

17 As soon as may be after the first day of each month, the 
18Department of
Transportation shall allot to each county its 
19share of the amount
apportioned to the several counties of the 
20State as herein provided.
Each allotment to the several 
21counties having less than 1,000,000
inhabitants shall be in 
22proportion to the amount of motor vehicle
license fees 
23received from the residents of such counties, respectively,

24during the preceding calendar year. The Secretary of State 
25shall, on or
before April 15 of each year, transmit to the 
26Department of
Transportation a full and complete report 
 
 
10300HB3817sam002- 208 -LRB103 30519 JDS 62533 a


1showing the amount of motor
vehicle license fees received from 
2the residents of each county,
respectively, during the 
3preceding calendar year. The Department of
Transportation 
4shall, each month, use for allotment purposes the last
such 
5report received from the Secretary of State.

6 As soon as may be after the first day of each month, the 
7Department
of Transportation shall allot to the several 
8counties their share of the
amount apportioned for the use of 
9road districts. The allotment shall
be apportioned among the 
10several counties in the State in the proportion
which the 
11total mileage of township or district roads in the respective

12counties bears to the total mileage of all township and 
13district roads
in the State. Funds allotted to the respective 
14counties for the use of
road districts therein shall be 
15allocated to the several road districts
in the county in the 
16proportion which the total mileage of such township
or 
17district roads in the respective road districts bears to the 
18total
mileage of all such township or district roads in the 
19county. After
July 1 of any year prior to 2011, no allocation 
20shall be made for any road district
unless it levied a tax for 
21road and bridge purposes in an amount which
will require the 
22extension of such tax against the taxable property in
any such 
23road district at a rate of not less than either .08% of the 
24value
thereof, based upon the assessment for the year 
25immediately prior to the year
in which such tax was levied and 
26as equalized by the Department of Revenue
or, in DuPage 
 
 
10300HB3817sam002- 209 -LRB103 30519 JDS 62533 a


1County, an amount equal to or greater than $12,000 per mile of

2road under the jurisdiction of the road district, whichever is 
3less. Beginning July 1, 2011 and each July 1 thereafter, an 
4allocation shall be made for any road district
if it levied a 
5tax for road and bridge purposes. In counties other than 
6DuPage County, if the amount of the tax levy requires the 
7extension of the tax against the taxable property in
the road 
8district at a rate that is less than 0.08% of the value

9thereof, based upon the assessment for the year immediately 
10prior to the year
in which the tax was levied and as equalized 
11by the Department of Revenue, then the amount of the 
12allocation for that road district shall be a percentage of the 
13maximum allocation equal to the percentage obtained by 
14dividing the rate extended by the district by 0.08%. In DuPage 
15County, if the amount of the tax levy requires the extension of 
16the tax against the taxable property in
the road district at a 
17rate that is less than the lesser of (i) 0.08% of the value
of 
18the taxable property in the road district, based upon the 
19assessment for the year immediately prior to the year
in which 
20such tax was levied and as equalized by the Department of 
21Revenue,
or (ii) a rate that will yield an amount equal to 
22$12,000 per mile of
road under the jurisdiction of the road 
23district, then the amount of the allocation for the road 
24district shall be a percentage of the maximum allocation equal 
25to the percentage obtained by dividing the rate extended by 
26the district by the lesser of (i) 0.08% or (ii) the rate that 
 
 
10300HB3817sam002- 210 -LRB103 30519 JDS 62533 a


1will yield an amount equal to $12,000 per mile of
road under 
2the jurisdiction of the road district. 
3 Prior to 2011, if any
road district has levied a special 
4tax for road purposes
pursuant to Sections 6-601, 6-602, and 
56-603 of the Illinois Highway Code, and
such tax was levied in 
6an amount which would require extension at a
rate of not less 
7than .08% of the value of the taxable property thereof,
as 
8equalized or assessed by the Department of Revenue,
or, in 
9DuPage County, an amount equal to or greater than $12,000 per 
10mile of
road under the jurisdiction of the road district, 
11whichever is less,
such levy shall, however, be deemed a 
12proper compliance with this
Section and shall qualify such 
13road district for an allotment under this
Section. Beginning 
14in 2011 and thereafter, if any
road district has levied a 
15special tax for road purposes
under Sections 6-601, 6-602, and 
166-603 of the Illinois Highway Code, and
the tax was levied in 
17an amount that would require extension at a
rate of not less 
18than 0.08% of the value of the taxable property of that road 
19district,
as equalized or assessed by the Department of 
20Revenue or, in DuPage County, an amount equal to or greater 
21than $12,000 per mile of road under the jurisdiction of the 
22road district, whichever is less, that levy shall be deemed a 
23proper compliance with this
Section and shall qualify such 
24road district for a full, rather than proportionate, allotment 
25under this
Section. If the levy for the special tax is less 
26than 0.08% of the value of the taxable property, or, in DuPage 
 
 
10300HB3817sam002- 211 -LRB103 30519 JDS 62533 a


1County if the levy for the special tax is less than the lesser 
2of (i) 0.08% or (ii) $12,000 per mile of road under the 
3jurisdiction of the road district, and if the levy for the 
4special tax is more than any other levy for road and bridge 
5purposes, then the levy for the special tax qualifies the road 
6district for a proportionate, rather than full, allotment 
7under this Section. If the levy for the special tax is equal to 
8or less than any other levy for road and bridge purposes, then 
9any allotment under this Section shall be determined by the 
10other levy for road and bridge purposes.
11 Prior to 2011, if a township has transferred to the road 
12and bridge fund
money which, when added to the amount of any 
13tax levy of the road
district would be the equivalent of a tax 
14levy requiring extension at a
rate of at least .08%, or, in 
15DuPage County, an amount equal to or greater
than $12,000 per 
16mile of road under the jurisdiction of the road district,

17whichever is less, such transfer, together with any such tax 
18levy,
shall be deemed a proper compliance with this Section 
19and shall qualify
the road district for an allotment under 
20this Section.

21 In counties in which a property tax extension limitation 
22is imposed
under the Property Tax Extension Limitation Law, 
23road districts may retain
their entitlement to a motor fuel 
24tax allotment or, beginning in 2011, their entitlement to a 
25full allotment if, at the time the property
tax
extension 
26limitation was imposed, the road district was levying a road 
 
 
10300HB3817sam002- 212 -LRB103 30519 JDS 62533 a


1and
bridge tax at a rate sufficient to entitle it to a motor 
2fuel tax allotment
and continues to levy the maximum allowable 
3amount after the imposition of the
property tax extension 
4limitation. Any road district may in all circumstances
retain 
5its entitlement to a motor fuel tax allotment or, beginning in 
62011, its entitlement to a full allotment if it levied a road 
7and
bridge tax in an amount that will require the extension of 
8the tax against the
taxable property in the road district at a 
9rate of not less than 0.08% of the
assessed value of the 
10property, based upon the assessment for the year
immediately 
11preceding the year in which the tax was levied and as equalized 
12by
the Department of Revenue or, in DuPage County, an amount 
13equal to or greater
than $12,000 per mile of road under the 
14jurisdiction of the road district,
whichever is less.

15 As used in this Section, the term "road district" means 
16any road
district, including a county unit road district, 
17provided for by the
Illinois Highway Code; and the term 
18"township or district road"
means any road in the township and 
19district road system as defined in the
Illinois Highway Code. 
20For the purposes of this Section, "township or
district road" 
21also includes such roads as are maintained by park
districts, 
22forest preserve districts and conservation districts. The

23Department of Transportation shall determine the mileage of 
24all township
and district roads for the purposes of making 
25allotments and allocations of
motor fuel tax funds for use in 
26road districts.

 
 
10300HB3817sam002- 213 -LRB103 30519 JDS 62533 a


1 Payment of motor fuel tax moneys to municipalities and 
2counties shall
be made as soon as possible after the allotment 
3is made. The treasurer
of the municipality or county may 
4invest these funds until their use is
required and the 
5interest earned by these investments shall be limited
to the 
6same uses as the principal funds.

7(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19; 
8101-493, eff. 8-23-19; 102-16, eff. 6-17-21; 102-558, eff. 
98-20-21; 102-699, eff. 4-19-22.)


10 Section 5-87. The Illinois Pension Code is amended by 
11changing Sections 1A-112, 2-121.1, and 16-132 and by adding 
12Sections 2-105.3 and 2-105.4 as follows:




13 (40 ILCS 5/1A-112)



14 Sec. 1A-112. Fees. 

15 (a) Every pension fund that is required to file an annual 
16statement under
Section 1A-109 shall pay to the Department an 
17annual compliance fee. In the
case of a pension fund under 
18Article 3 or 4 of this Code, (i) prior to the conclusion of the 
19transition period, the annual compliance
fee shall be 0.02% (2 
20basis points) of the total
assets of the pension
fund, as 
21reported in the most current annual statement of the fund, but 
22not
more than $8,000 and (ii) after the conclusion of the 
23transition period, the annual compliance fee shall be $8,000 
24and shall be paid by the Consolidated Fund. In the case of all 
 
 
10300HB3817sam002- 214 -LRB103 30519 JDS 62533 a


1other pension funds and
retirement
systems, the annual 
2compliance fee shall be $8,000. Effective July 1, 2023, each 
3pension fund established under Article 3 or 4 of this Code 
4shall pay an annual compliance fee of at least 0.02% but not 
5more than 0.05% of the total assets of the pension fund, as 
6reported in the most current annual statement of the fund, to 
7the Department of Insurance unless the appropriate 
8Consolidated Fund agrees to conduct an audit or examination of 
9all pension funds as provided in Section 1A-104. The 
10Department shall have the discretion to set the annual 
11compliance fee to be paid by each pension fund to cover the 
12cost of the compliance audits. The Department shall provide 
13written notice to each Article 3 and Article 4 pension fund of 
14the amount of the annual compliance fee due not less than 60 
15days prior to the fee payment deadline. 

16 (b) The annual compliance fee shall be due on June 30 for 
17the following
State fiscal year, except that the fee payable 
18in 1997 for fiscal year 1998
shall be due no earlier than 30 
19days following the effective date of this
amendatory Act of 
201997.

21 (c) Any information obtained by the Division that is 
22available to the public
under the Freedom of Information Act 
23and is either compiled in published form
or maintained on a 
24computer processible medium shall be furnished upon the

25written request of any applicant and the payment of a 
26reasonable information
services fee established by the 
 
 
10300HB3817sam002- 215 -LRB103 30519 JDS 62533 a


1Director, sufficient to cover the total cost to
the Division 
2of compiling, processing, maintaining, and generating the

3information. The information may be furnished by means of 
4published copy or on
a computer processed or computer 
5processible medium.

6 No fee may be charged to any person for information that 
7the Division is
required by law to furnish to that person.

8 (d) Except as otherwise provided in this Section, all fees 
9and penalties
collected by the Department under this Code 
10shall be deposited into the Public
Pension Regulation Fund.

11 (e) Fees collected under subsection (c) of this Section 
12and money collected
under Section 1A-107 shall be deposited 
13into the Technology Management Revolving Fund and credited to 
14the account of the Department's Public Pension
Division. This 
15income shall be used exclusively for the
purposes set forth in 
16Section 1A-107. Notwithstanding the provisions of
Section 
17408.2 of the Illinois Insurance Code, no surplus funds 
18remaining in
this account shall be deposited in the Insurance 
19Financial Regulation Fund.
All money in this account that the 
20Director certifies is not needed for the
purposes set forth in 
21Section 1A-107 of this Code shall be transferred to the
Public 
22Pension Regulation Fund.

23 (f) Nothing in this Code prohibits the General Assembly 
24from appropriating
funds from the General Revenue Fund to the 
25Department for the purpose of
administering or enforcing this 
26Code.

 
 
10300HB3817sam002- 216 -LRB103 30519 JDS 62533 a


1(Source: P.A. 100-23, eff. 7-6-17; 101-610, eff. 1-1-20.)


2 (40 ILCS 5/2-105.3 new)
3 Sec. 2-105.3. Tier 1 participant; Tier 2 participant.
4 "Tier 1 participant": A participant who first became a 
5participant before January 1, 2011.
6 "Tier 2 participant": A participant who first became a 
7participant on or after January 1, 2011. 

8 (40 ILCS 5/2-105.4 new)
9 Sec. 2-105.4. Tier 1 retiree. "Tier 1 retiree" means a 
10former Tier 1 participant who has made the election to retire 
11and has terminated service.



12 (40 ILCS 5/2-121.1) (from Ch. 108 1/2, par. 2-121.1)



13 Sec. 2-121.1. Survivor's annuity; amount annuity - amount. 

14 (a) A surviving spouse shall be entitled to 66 2/3% of the 
15amount of
retirement annuity to which the participant or 
16annuitant was entitled on
the date of death, without regard to 
17whether the participant had attained
age 55 prior to his or her 
18death, subject to a minimum payment of 10% of
salary. If a 
19surviving spouse, regardless of age, has in his or her care
at 
20the date of death any eligible child or children of the 
21participant, the
survivor's annuity shall be the greater of 
22the following: (1) 66 2/3% of
the amount of retirement annuity 
23to which the participant or annuitant was
entitled on the date 
 
 
10300HB3817sam002- 217 -LRB103 30519 JDS 62533 a


1of death, or (2) 30% of the participant's salary
increased by 
210% of salary on account of each such child, subject to a
total 
3payment for the surviving spouse and children of 50% of 
4salary. If
eligible children survive but there is no surviving 
5spouse, or if the
surviving spouse dies or becomes 
6disqualified by
remarriage while eligible children survive, 
7each
eligible child shall be entitled to an annuity of 20% of 
8salary, subject
to a maximum total payment for all such 
9children of 50% of salary.

10 However, the survivor's annuity payable under this Section 
11shall not be
less than 100% of the amount of retirement annuity 
12to which the participant
or annuitant was entitled on the date 
13of death, if he or she is survived by
a dependent disabled 
14child.

15 The salary to be used for determining these benefits shall 
16be the
salary used for determining the amount of retirement 
17annuity as provided
in Section 2-119.01.

18 (b) Upon the death of a participant after the termination 
19of service or
upon death of an annuitant, the maximum total 
20payment to a surviving spouse
and eligible children, or to 
21eligible children alone if there is no surviving
spouse, shall 
22be 75% of the retirement annuity to which the participant
or 
23annuitant was entitled, unless there is a dependent disabled 
24child
among the survivors.

25 (c) When a child ceases to be an eligible child, the 
26annuity to that
child, or to the surviving spouse on account of 
 
 
10300HB3817sam002- 218 -LRB103 30519 JDS 62533 a


1that child, shall thereupon
cease, and the annuity payable to 
2the surviving spouse or other eligible
children shall be 
3recalculated if necessary.

4 Upon the ineligibility of the last eligible child, the 
5annuity shall
immediately revert to the amount payable upon 
6death of a participant or
annuitant who leaves no eligible 
7children. If the surviving spouse is then
under age 50, the 
8annuity as revised shall be deferred until the attainment
of 
9age 50.

10 (d) Beginning January 1, 1990, every survivor's annuity 
11shall be increased
(1) on each January 1 occurring on or after 
12the commencement of the annuity if
the deceased member died 
13while receiving a retirement annuity, or (2) in
other cases, 
14on each January 1 occurring on or after the first anniversary

15of the commencement of the annuity, by an amount equal to 3% of 
16the current
amount of the annuity, including any previous 
17increases under this Article.
Such increases shall apply 
18without regard to whether the deceased member
was in service 
19on or after the effective date of this amendatory Act of
1991, 
20but shall not accrue for any period prior to January 1, 1990.

21 (d-5) Notwithstanding any other provision of this Article, 
22the initial survivor's annuity of a survivor of a participant 
23who first becomes a participant on or after January 1, 2011 
24(the effective date of Public Act 96-889) shall be in the 
25amount of 66 2/3% of the amount of the retirement annuity to 
26which the participant or annuitant was entitled on the date of 
 
 
10300HB3817sam002- 219 -LRB103 30519 JDS 62533 a


1death and shall be increased (1) on each January 1 occurring on 
2or after the commencement of the annuity if
the deceased 
3member died while receiving a retirement annuity or (2) in

4other cases, on each January 1 occurring on or after the first 
5anniversary
of the commencement of the annuity, by an amount 
6equal to 3% or the annual unadjusted percentage increase in 
7the Consumer Price Index for All Urban Consumers as determined 
8by the Public Pension Division of the Department of Insurance 
9under subsection (a) of Section 2-108.1, whichever is less, of 
10the survivor's annuity then being paid. 
11 The provisions of this subsection (d-5) shall not apply to 
12a survivor's annuity of a survivor of a participant who died in 
13service before January 1, 2023. 
14 (e) Notwithstanding any other provision of this Article, 
15beginning
January 1, 1990, the minimum survivor's annuity 
16payable to any person who
is entitled to receive a survivor's 
17annuity under this Article shall be
$300 per month, without 
18regard to whether or not the deceased participant
was in 
19service on the effective date of this amendatory Act of 1989.

20 (f) In the case of a proportional survivor's annuity 
21arising under
the Retirement Systems Reciprocal Act where the 
22amount payable by the
System on January 1, 1993 is less than 
23$300 per month, the amount payable
by the System shall be 
24increased beginning on that date by a monthly amount
equal to 
25$2 for each full year that has expired since the annuity began.

26 (g) Notwithstanding any other provision of this Code, the 
 
 
10300HB3817sam002- 220 -LRB103 30519 JDS 62533 a


1survivor's annuity payable to an eligible survivor of a Tier 2 
2participant who died in service prior to January 1, 2023 shall 
3be calculated in accordance with the provisions applicable to 
4the survivors of a deceased Tier 1 participant. 
5Notwithstanding Section 1-103.1, the changes to this Section 
6made by this amendatory Act of the 103rd General Assembly 
7apply without regard to whether the participant was in active 
8service before the effective date of this amendatory Act of 
9the 103rd General Assembly. 
10(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)




11 (40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)



12 Sec. 16-132. Retirement annuity eligibility. A member who 
13has at least 20 years of creditable service is entitled to a

14retirement annuity upon or after attainment of age 55.
A 
15member who has at least 10 but less than 20 years of creditable 
16service is
entitled to a retirement annuity upon or after 
17attainment of age 60.
A member who has at least 5 but less than 
1810 years of creditable service is
entitled to a retirement 
19annuity upon or after attainment of age 62.
A member who (i) 
20has earned during the period immediately preceding the last

21day of service at least one year of contributing creditable 
22service as an
employee of a department as defined in Section 
2314-103.04, (ii) has earned at
least 5 years of contributing 
24creditable service as an employee of a department
as defined 
25in Section 14-103.04, and (iii) retires on or after January 1, 
 
 
10300HB3817sam002- 221 -LRB103 30519 JDS 62533 a


12001
is entitled to a retirement annuity upon or after 
2attainment of an age which,
when added to the number of years 
3of his or her total creditable service,
equals at least 85. 
4Portions of years shall be counted as decimal equivalents.

5 A member who is eligible to receive a retirement annuity 
6of at least 74.6% of
final average salary and will attain age 
755 on or before December 31 during the
year which commences on 
8July 1 shall be deemed to attain age 55 on the
preceding June 
91.

10 A member meeting the above eligibility conditions is 
11entitled to a retirement
annuity upon written application to 
12the board setting forth the date the member
wishes the 
13retirement annuity to commence. However, the effective date of 
14the
retirement annuity shall be no earlier than the day 
15following the last day of
creditable service, regardless of 
16the date of official termination of
employment; however, upon

17written application within 6 months after the effective date

18of this amendatory Act of the 103rd General Assembly by a

19member or annuitant, the creditable service and earnings

20received in the last fiscal year of employment may be

21disregarded when determining the retirement effective date and 
22the retirement benefit except that the effective date of a 
23retirement annuity may be after the date of official 
24termination of employment as long as such employment is for 
25(1) less than 10 days in length; and (2) less than $2,500 
26$2,000 in creditable earnings; and (3) the last fiscal year of

 
 
10300HB3817sam002- 222 -LRB103 30519 JDS 62533 a


1employment includes only a fiscal year beginning on or after

2July 1, 2016 and ending before June 30,2023 compensation. The

3retirement effective date may not, as a result of the

4application of this amendatory Act of the 103rd General

5Assembly, be earlier than July 1, 2016. 

6 To be eligible for a retirement annuity, a member shall 
7not be employed
as a teacher in the schools included under this 
8System or under Article 17,
except (i) as provided in Section 
916-118 or 16-150.1, (ii) if
the member is disabled (in which 
10event, eligibility for salary must cease),
or (iii) if the 
11System is required by federal law to commence
payment due to 
12the member's age; the changes to this sentence made by this

13amendatory Act of the 93rd General Assembly apply without

14regard to whether the member terminated employment before or 
15after its
effective date.

16(Source: P.A. 102-871, eff. 5-13-22.)


17 (40 ILCS 5/2-105.1 rep.)
18 (40 ILCS 5/2-105.2 rep.)
19 Section 5-88. The Illinois Pension Code is amended by 
20repealing Sections 2-105.1 and 2-105.2.

21 Section 5-89. The Innovation Development and Economy Act 
22is amended by changing Sections 20, 30, and 50 as follows:

23 (50 ILCS 470/20)

 
 
10300HB3817sam002- 223 -LRB103 30519 JDS 62533 a


1 Sec. 20. Approval of STAR bond projects. The governing 
2body of a political subdivision may establish one or more STAR 
3bond projects in any STAR bond district. A STAR bond project 
4which is partially outside the boundaries of a municipality 
5must also be approved by the governing body of the county by 
6resolution.
7 (a) After the establishment of a STAR bond district, the 
8master developer may propose one or more STAR bond projects to 
9a political subdivision and the master developer shall, in 
10cooperation with the political subdivision, prepare a STAR 
11bond project plan in consultation with the planning commission 
12of the political subdivision, if any. The STAR bond project 
13plan may be implemented in separate development stages.

14 (b) Any political subdivision considering a STAR bond 
15project within a STAR bond district shall notify the 
16Department, which shall cause to be prepared an independent 
17feasibility study by a feasibility consultant with certified 
18copies provided to the political subdivision, the Director, 
19and the Department of Commerce and Economic Opportunity. The 
20feasibility study shall include the following:
21  (1) the estimated amount of pledged STAR revenues 
22 expected to be collected in each year through the maturity 
23 date of the proposed STAR bonds;

24  (2) a statement of how the jobs and taxes obtained 
25 from the STAR bond project will contribute significantly 
26 to the economic development of the State and region;

 
 
10300HB3817sam002- 224 -LRB103 30519 JDS 62533 a


1  (3) visitation expectations;

2  (4) the unique quality of the project;
3  (5) an economic impact study;

4  (6) a market study;

5  (7) integration and collaboration with other resources 
6 or businesses;

7  (8) the quality of service and experience provided, as 
8 measured against national consumer standards for the 
9 specific target market;

10  (9) project accountability, measured according to best 
11 industry practices;

12  (10) the expected return on State and local investment 
13 that the STAR bond project is anticipated to produce; and

14  (11) an anticipated principal and interest payment 
15 schedule on the STAR bonds.

16 The feasibility consultant, along with the independent 
17economist and any other consultants commissioned to perform 
18the studies and other analysis required by the feasibility 
19study, shall be selected by the Director with the approval of 
20the political subdivision. The consultants shall be retained 
21by the
Director and the Department shall be reimbursed by the 
22master
developer for the costs to retain the consultants.
23 The failure to include all information enumerated in this 
24subsection in the feasibility study for a STAR bond project 
25shall not affect the validity of STAR bonds issued pursuant to 
26this Act.

 
 
10300HB3817sam002- 225 -LRB103 30519 JDS 62533 a


1 (c) If the political subdivision determines the STAR bond 
2project is feasible, the STAR bond project plan shall include:
3  (1) a summary of the feasibility study;

4  (2) a reference to the STAR bond district plan that 
5 identifies the STAR bond project area that is set forth in 
6 the STAR bond project plan that is being considered;

7  (3) a legal description and map of the STAR bond 
8 project area to be developed or redeveloped;

9  (4) a description of the buildings and facilities 
10 proposed to be constructed or improved in such STAR bond 
11 project area, including destination users and an 
12 entertainment user, as applicable;
13  (5) a copy of letters of intent to locate within the 
14 STAR bond district signed by both the master developer and 
15 the appropriate corporate officer of at least one 
16 destination user for the first STAR bond project proposed 
17 within the district; and
18  (6) any other information the governing body of the 
19 political subdivision deems reasonable and necessary to 
20 advise the public of the intent of the STAR bond project 
21 plan.
22 (d) Before a political subdivision may hold a public

23hearing to consider a STAR bond project plan, the political 
24subdivision must apply to the Department for approval of the 
25STAR
bond project plan. An application for approval of a STAR 
26bond
project plan must not be approved unless all of the 
 
 
10300HB3817sam002- 226 -LRB103 30519 JDS 62533 a


1components of
the feasibility study set forth in items (1) 
2through (11) of subsection
(b) have been completed and 
3submitted to the Department for
review. In addition to 
4reviewing all of the other elements of the
STAR bond project 
5plan required under subsection (c), which must
be included in 
6the application (which plan must include a letter or
letters 
7of intent as required under subdivision (c)(5) in order to

8receive Director approval), the Director must review the 
9feasibility
study and consider all of the components of the 
10feasibility study set
forth in items (1) through (11) of 
11subsection (b) of Section 20,
including without limitation the 
12economic impact study and the
financial benefit of the 
13proposed STAR bond project to the local,
regional, and State 
14economies, the proposed adverse impacts on
similar businesses 
15and projects as well as municipalities within the
market area, 
16and the net effect of the proposed STAR bond project
on the 
17local, regional, and State economies. In addition to the

18economic impact study, the political subdivision must also 
19submit to
the Department, as part of its application, the 
20financial and other
information that substantiates the basis 
21for the conclusion of the
economic impact study, in the form 
22and manner as required by the
Department, so that the 
23Department can verify the results of the
study. In addition to 
24any other criteria in this subsection, to approve
the STAR 
25bond project plan, the Director must be satisfied that the

26proposed destination user is in fact a true destination user 
 
 
10300HB3817sam002- 227 -LRB103 30519 JDS 62533 a


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

22  (1) give notice that a public hearing will be held to 
23 consider the adoption of the STAR bond project plan and 
24 fix the date, hour, and place of the public hearing;

25  (2) describe the general boundaries of the STAR bond 
26 district within which the STAR bond project will be 
 
 
10300HB3817sam002- 228 -LRB103 30519 JDS 62533 a


1 located and the date of establishment of the STAR bond 
2 district;

3  (3) describe the general boundaries of the area 
4 proposed to be included within the STAR bond project area;

5  (4) provide that the STAR bond project plan and map of 
6 the area to be redeveloped or developed are available for 
7 inspection during regular office hours in the offices of 
8 the political subdivision; and

9  (5) contain a summary of the terms and conditions of 
10 any proposed project development agreement with the 
11 political subdivision.

12 (f) A public hearing shall be conducted to consider the 
13adoption of any STAR bond project plan.
14  (1) The date fixed for the public hearing to consider 
15 the adoption of the STAR bond project plan shall be not 
16 less than 20 nor more than 90 days following the date of 
17 the adoption of the resolution fixing the date of the 
18 hearing.

19  (2) A copy of the political subdivision's resolution 
20 providing for the public hearing shall be sent by 
21 certified mail, return receipt requested, to the governing 
22 body of the county. A copy of the political subdivision's 
23 resolution providing for the public hearing shall be sent 
24 by certified mail, return receipt requested, to each 
25 person or persons in whose name the general taxes for the 
26 last preceding year were paid on each parcel of land lying 
 
 
10300HB3817sam002- 229 -LRB103 30519 JDS 62533 a


1 within the proposed STAR bond project area within 10 days 
2 following the date of the adoption of the resolution. The 
3 resolution shall be published once in a newspaper of 
4 general circulation in the political subdivision not less 
5 than one week nor more than 3 weeks preceding the date 
6 fixed for the public hearing. A map or aerial photo 
7 clearly delineating the area of land proposed to be 
8 included within the STAR bond project area shall be 
9 published with the resolution.

10  (3) The hearing shall be held at a location that is 
11 within 20 miles of the STAR bond district, in a facility 
12 that can accommodate a large crowd, and in a facility that 
13 is accessible to persons with disabilities.
14  (4) At the public hearing, a representative of the 
15 political subdivision or master developer shall present 
16 the STAR bond project plan. Following the presentation of 
17 the STAR bond project plan, all interested persons shall 
18 be given an opportunity to be heard. The governing body 
19 may continue the date and time of the public hearing.

20 (g) Upon conclusion of the public hearing, the governing 
21body of the political subdivision may adopt the STAR bond 
22project plan by a resolution approving the STAR bond project 
23plan.

24 (h) After the adoption by the corporate authorities of the 
25political subdivision of a STAR bond project plan, the 
26political subdivision may enter into a project development 
 
 
10300HB3817sam002- 230 -LRB103 30519 JDS 62533 a


1agreement if the master developer has requested the political 
2subdivision to be a party to the project development agreement 
3pursuant to subsection (b) of Section 25.

4 (i) Within 30 days after the adoption by the political 
5subdivision of a STAR bond project plan, the clerk of the 
6political subdivision shall transmit a copy of the legal 
7description of the land and a list of all new and existing 
8mailing addresses within the STAR bond district, a copy of the 
9resolution adopting the STAR bond project plan, and a map or 
10plat indicating the boundaries of the STAR bond project area 
11to the clerk, treasurer, and governing body of the county and 
12to the Department of Revenue. Within 30 days of creation of any 
13new mailing addresses within a STAR bond district, the clerk 
14of the political subdivision shall provide written notice of 
15such new addresses to the Department of Revenue.
16 If a certified copy of the resolution adopting the STAR 
17bond project plan is filed with the Department on or before the 
18first day of April, the Department, if all other requirements 
19of this subsection are met, shall proceed to collect and 
20allocate any local sales tax increment and any State sales tax 
21increment in accordance with the provisions of this Act as of 
22the first day of July next following the adoption and filing. 
23If a certified copy of the resolution adopting the STAR bond 
24project plan is filed with the Department after April 1 but on 
25or before the first day of October, the Department, if all 
26other requirements of this subsection are met, shall proceed 
 
 
10300HB3817sam002- 231 -LRB103 30519 JDS 62533 a


1to collect and allocate any local sales tax increment and any 
2State sales tax increment in accordance with the provisions of 
3this Act as of the first day of January next following the 
4adoption and filing.
5 Any substantial changes to a STAR bond project plan as 
6adopted shall be subject to a public hearing following 
7publication of notice thereof in a newspaper of general 
8circulation in the political subdivision and approval by 
9resolution of the governing body of the political subdivision.
10 The Department of Revenue shall not collect or allocate 
11any local sales tax increment or State sales tax increment 
12until the political subdivision also provides, in the manner 
13prescribed by the Department, the boundaries of the STAR bond 
14project area and each address in the STAR bond project area in 
15such a way that the Department can determine by its address 
16whether a business is located in the STAR bond project area. 
17The political subdivision must provide this boundary and 
18address information to the Department on or before April 1 for 
19administration and enforcement under this Act by the 
20Department beginning on the following July 1 and on or before 
21October 1 for administration and enforcement under this Act by 
22the Department beginning on the following January 1. The 
23Department of Revenue shall not administer or enforce any 
24change made to the boundaries of a STAR bond project or any 
25address change, addition, or deletion until the political 
26subdivision reports the boundary change or address change, 
 
 
10300HB3817sam002- 232 -LRB103 30519 JDS 62533 a


1addition, or deletion to the Department in the manner 
2prescribed by the Department. The political subdivision must 
3provide this boundary change or address change, addition, or 
4deletion information to the Department on or before April 1 
5for administration and enforcement by the Department of the 
6change, addition, or deletion beginning on the following July 
71 and on or before October 1 for administration and 
8enforcement by the Department of the change, addition, or 
9deletion beginning on the following January 1. If a retailer 
10is incorrectly included or excluded from the list of those 
11located in the STAR bond project, the Department of Revenue 
12shall be held harmless if it reasonably relied on information 
13provided by the political subdivision.
14 (j) Any STAR bond project must be approved by the 
15political subdivision prior to that date which is 23 years 
16from the date of the approval of the STAR bond district, 
17provided however that any amendments to such STAR bond project 
18may occur following such date.

19 (k) Any developer of a STAR bond project shall commence 
20work on the STAR bond project within 3 years from the date of 
21adoption of the STAR bond project plan. If the developer fails 
22to commence work on the STAR bond project within the 3-year 
23period, funding for the project shall cease and the developer 
24of the project or complex shall have one year to appeal to the 
25political subdivision for reapproval of the project and 
26funding. If the project is reapproved, the 3-year period for 
 
 
10300HB3817sam002- 233 -LRB103 30519 JDS 62533 a


1commencement shall begin again on the date of the reapproval.

2 (l) After the adoption by the corporate authorities of the 
3political subdivision of a STAR bond project plan and approval 
4of the Director pursuant to subsection (d) of Section 20, the 
5political subdivision may authorize the issuance of the STAR 
6bonds in one or more series to finance the STAR bond project in 
7accordance with the provisions of this Act.
8 (m) The maximum maturity of STAR bonds issued to finance a 
9STAR bond project shall not exceed 23 years from the first date 
10of distribution of State sales tax revenues from such STAR 
11bond project to the political subdivision unless the political 
12subdivision extends such maturity by resolution up to a 
13maximum of 35 years from such first distribution date. Any 
14such extension shall require the approval of the Director. In 
15no event shall the maximum maturity date for any STAR bonds 
16exceed that date which is 35 years from the first distribution 
17date of the first STAR bonds issued in a STAR bond district.

18(Source: P.A. 96-939, eff. 6-24-10.)

19 (50 ILCS 470/30)

20 Sec. 30. STAR bonds; source of payment. Any political 
21subdivision shall have the power to issue STAR bonds in one or 
22more series to finance the undertaking of any STAR bond 
23project in accordance with the provisions of this Act and the 
24Omnibus Bond Acts. STAR bonds may be issued as revenue bonds, 
25alternate bonds, or general obligation bonds as defined in and 
 
 
10300HB3817sam002- 234 -LRB103 30519 JDS 62533 a


1subject to the procedures provided in the Local Government 
2Debt Reform Act.
3 (a) STAR bonds may be made payable, both as to principal 
4and interest, from the following revenues, which to the extent 
5pledged by each respective political subdivision or other 
6public entity for such purpose shall constitute pledged STAR 
7revenues:

8  (1) revenues of the political subdivision derived from 
9 or held in connection with the undertaking and carrying 
10 out of any STAR bond project or projects under this Act;

11  (2) available private funds and contributions, grants, 
12 tax credits, or other financial assistance from the State 
13 or federal government;

14  (3) STAR bond occupation taxes created pursuant to 
15 Section 31 and designated as pledged STAR revenues by the 
16 political subdivision;
17  (4) all of the local sales tax increment of a 
18 municipality, county, or other unit of local government;

19  (5) any special service area taxes collected within 
20 the STAR bond district under the Special Service Area Tax 
21 Act, may be used for the purposes of funding project costs 
22 or paying debt service on STAR bonds in addition to the 
23 purposes contained in the special service area plan;

24  (6) all of the State sales tax increment;
25  (7) any other revenues appropriated by the political 
26 subdivision; and
 
 
10300HB3817sam002- 235 -LRB103 30519 JDS 62533 a


1  (8) any combination of these methods.

2 (b) The political subdivision may pledge the pledged STAR 
3revenues to the repayment of STAR bonds prior to, 
4simultaneously with, or subsequent to the issuance of the STAR 
5bonds.

6 (c) Bonds issued as revenue bonds shall not be general 
7obligations of the political subdivision, nor in any event 
8shall they give rise to a charge against its general credit or 
9taxing powers, or be payable out of any funds or properties 
10other than those set forth in subsection (a) and the bonds 
11shall so state on their face.

12 (d) For each STAR bond project financed with STAR bonds 
13payable from the pledged STAR revenues, the political 
14subdivision shall prepare and submit to the Department of 
15Revenue by June 1 of each year a report describing the status 
16of the STAR bond project, any expenditures of the proceeds of 
17STAR bonds that have occurred for the preceding calendar year, 
18and any expenditures of the proceeds of the bonds expected to 
19occur in the future, including the amount of pledged STAR 
20revenue, the amount of revenue that has been spent, the 
21projected amount of the revenue, and the anticipated use of 
22the revenue.
Each annual report shall be accompanied by an 
23affidavit of the master developer certifying the contents of 
24the report as true to the best of the master developer's 
25knowledge. The Department of Revenue shall have the right, but 
26not the obligation, to request the Illinois Auditor General to 
 
 
10300HB3817sam002- 236 -LRB103 30519 JDS 62533 a


1review the annual report and the political subdivision's 
2records containing the source information for the report for 
3the purpose of verifying the report's contents. If the 
4Illinois Auditor General declines the request for review, the 
5Department of Revenue shall have the right to select an 
6independent third-party auditor to conduct an audit of the 
7annual report and the political subdivision's records 
8containing the source information for the report. The 
9reasonable cost of the audit shall be paid by the master 
10developer. The master development agreement shall grant the 
11Department of Revenue and the Illinois Auditor General the 
12right to review the records of the political subdivision 
13containing the source information for the report. 
14 (e) There is created in the State treasury a special fund 
15to be known as the STAR Bonds Revenue Fund. As soon as possible 
16after the first day of each month, beginning January 1, 2011, 
17upon certification of the Department of Revenue, the 
18Comptroller shall order transferred, and the Treasurer shall 
19transfer, from the General Revenue Fund to the STAR Bonds 
20Revenue Fund the State sales tax increment for the second 
21preceding month, less 3% of that amount, which shall be 
22transferred into the Tax Compliance and Administration Fund 
23and shall be used by the Department, subject to appropriation, 
24to cover the costs of the Department in administering the 
25Innovation Development and Economy Act. As soon as possible 
26after the first day of each month, beginning January 1, 2011, 
 
 
10300HB3817sam002- 237 -LRB103 30519 JDS 62533 a


1upon certification of the Department of Revenue, the 
2Comptroller shall order transferred, and the Treasurer shall 
3transfer, from the Local Government Tax Fund to the STAR Bonds 
4Revenue Fund the local sales tax increment for the second 
5preceding month, as provided in Section 6z-18 of the State 
6Finance Act and from the County and Mass Transit District Fund 
7to the STAR Bonds Revenue Fund the local sales tax increment 
8for the second preceding month, as provided in Section 6z-20 
9of the State Finance Act.
10 On or before the 25th day of each calendar month, 
11beginning on January 1, 2011, the Department shall prepare and 
12certify to the Comptroller the disbursement of stated sums of 
13money out of the STAR Bonds Revenue Fund to named 
14municipalities and counties, the municipalities and counties 
15to be those entitled to distribution of taxes or penalties 
16paid to the Department during the second preceding calendar 
17month. The amount to be paid to each municipality or county 
18shall be the amount of the State sales tax increment and the 
19local sales tax increment (not including credit memoranda or 
20the amount transferred into the Tax Compliance and 
21Administration Fund) collected during the second preceding 
22calendar month by the Department from retailers and servicemen 
23on transactions at places of business located within a STAR 
24bond district in that municipality or county, plus an amount 
25the Department determines is necessary to offset any amounts 
26which were erroneously paid to a different taxing body, and 
 
 
10300HB3817sam002- 238 -LRB103 30519 JDS 62533 a


1not including an amount equal to the amount of refunds made 
2during the second preceding calendar month by the Department, 
3and not including any amount which the Department determines 
4is necessary to offset any amounts which are payable to a 
5different taxing body but were erroneously paid to the 
6municipality or county. Within 10 days after receipt, by the 
7Comptroller, of the disbursement certification to the 
8municipalities and counties, provided for in this Section to 
9be given to the Comptroller by the Department, the Comptroller 
10shall cause the orders to be drawn for the respective amounts 
11in accordance with the directions contained in such 
12certification.
13 When certifying the amount of monthly disbursement to a 
14municipality or county under this subsection, the Department 
15shall increase or decrease that amount by an amount necessary 
16to offset any misallocation of previous disbursements. The 
17offset amount shall be the amount erroneously disbursed within 
18the 6 months preceding the time a misallocation is discovered.
19 The corporate authorities of the political subdivision 
20shall deposit the proceeds for the STAR Bonds Revenue Fund 
21into a special fund of the political subdivision called the 
22"(Name of political subdivision) STAR Bond District Revenue 
23Fund" for the purpose of paying or reimbursing STAR bond 
24project costs and obligations incurred in the payment of those 
25costs. 
26 If the political subdivision fails to issue STAR bonds 
 
 
10300HB3817sam002- 239 -LRB103 30519 JDS 62533 a


1within 180 days after the first distribution to the political 
2subdivision from the STAR Bonds Revenue Fund, the Department 
3of Revenue shall cease distribution of the State sales tax 
4increment to the political subdivision, shall transfer any 
5State sales tax increment in the STAR Bonds Revenue Fund to the 
6General Revenue Fund, and shall cease deposits of State sales 
7tax increment amounts into the STAR Bonds Revenue Fund. The 
8political subdivision shall repay all of the State sales tax 
9increment distributed to the political subdivision to date, 
10which amounts shall be deposited into the General Revenue 
11Fund. If not repaid within 90 days after notice from the State, 
12the Department of Revenue shall withhold distributions to the 
13political subdivision from the Local Government Tax Fund until 
14the excess amount is repaid, which withheld amounts shall be 
15transferred to the General Revenue Fund. At such time as the 
16political subdivision notifies the Department of Revenue in 
17writing that it has issued STAR Bonds in accordance with this 
18Act and provides the Department with a copy of the political 
19subdivision's official statement, bond purchase agreements, 
20indenture, or other evidence of bond sale, the Department of 
21Revenue shall resume deposits of the State sales tax increment 
22into the STAR Bonds Revenue Fund and distribution of the State 
23sales tax increment to the political subdivision in accordance 
24with this Section. 
25 (f) As of the seventh anniversary of the first date of 
26distribution of State sales tax revenues from the first STAR 
 
 
10300HB3817sam002- 240 -LRB103 30519 JDS 62533 a


1bond project in the STAR bond district, and as of every fifth 
2anniversary thereafter until final maturity of all STAR bonds 
3issued in a STAR bond district, the portion of the aggregate 
4proceeds of STAR bonds issued to date that is derived from the 
5State sales tax increment pledged to pay STAR bonds in any STAR 
6bond district shall not exceed 50% of the total development 
7costs in the STAR bond district to date. The Illinois Auditor 
8General shall make the foregoing determination on said seventh 
9anniversary and every 5 years thereafter until final maturity 
10of all STAR bonds issued in a STAR bond district. If at any 
11time after the seventh anniversary of the first date of 
12distribution of State sales tax revenues from the first STAR 
13bond project in the STAR bond district the Illinois Auditor 
14General determines that the portion of the aggregate proceeds 
15of STAR bonds issued to date that is derived from the State 
16sales tax increment pledged to pay STAR bonds in any STAR bond 
17district has exceeded 50% of the total development costs in 
18the STAR bond district, no additional STAR bonds may be issued 
19in the STAR bond district until the percentage is reduced to 
2050% or below. When the percentage has been reduced to 50% or 
21below, the master developer shall have the right, at its own 
22cost, to obtain a new audit prepared by an independent 
23third-party auditor verifying compliance and shall provide 
24such audit to the Illinois Auditor General for review and 
25approval. Upon the Illinois Auditor General's determination 
26from the audit that the percentage has been reduced to 50% or 
 
 
10300HB3817sam002- 241 -LRB103 30519 JDS 62533 a


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

25(Source: P.A. 96-939, eff. 6-24-10.)

 
 
10300HB3817sam002- 242 -LRB103 30519 JDS 62533 a


1 (50 ILCS 470/50)

2 Sec. 50. Reporting taxes. Notwithstanding any other 
3provisions of law to the contrary, the Department of Revenue 
4shall provide a certified report of the State sales tax 
5increment and local sales tax increment from all taxpayers 
6within a STAR bond district to the bond trustee, escrow agent, 
7or paying agent for such bonds upon the written request of the 
8political subdivision on or before the 25th day of each month. 
9Such report shall provide a detailed allocation of State sales 
10tax increment and local sales tax increment from each local 
11sales tax and State sales tax reported to the Department of 
12Revenue.
13 (a) The bond trustee, escrow agent, or paying agent shall 
14keep such sales and use tax reports and the information 
15contained therein confidential, but may use such information 
16for purposes of allocating and depositing the sales and use 
17tax revenues in connection with the bonds used to finance 
18project costs in such STAR bond district. Except as otherwise 
19provided herein, the sales and use tax reports received by the 
20bond trustee, escrow agent, or paying agent shall be subject 
21to the provisions of Chapter 35 of the Illinois Compiled 
22Statutes, including Section 3 of the Retailers' Occupation Tax 
23Act and Section 9 of the Use Tax Act.
24 (b) The political subdivision shall determine when the 
25amount of sales tax and other revenues that have been 
26collected and distributed to the bond debt service or reserve 
 
 
10300HB3817sam002- 243 -LRB103 30519 JDS 62533 a


1fund is sufficient to satisfy all principal and interest costs 
2to the maturity date or dates of any STAR bond issued by a 
3political subdivision to finance a STAR bond project and shall 
4give the Department of Revenue written notice of such 
5determination. The notice shall include a date certain on 
6which deposits into the STAR Bonds Revenue Fund for that STAR 
7bond project shall terminate and shall be provided to the 
8Department of Revenue at least 60 days prior to that date. 
9Thereafter, all sales tax and other revenues shall be 
10collected and distributed in accordance with applicable law.

11 If the political subdivision fails to give timely notice 
12under this subsection (b), the Department of Revenue, upon 
13discovery of this failure, shall cease distribution of the 
14State sales tax increment to the political subdivision, shall 
15transfer any State sales tax increment in the STAR Bonds 
16Revenue Fund to the General Revenue Fund, and shall cease 
17deposits of State sales tax increment amounts into the STAR 
18Bonds Revenue Fund. Any amount of State sales tax increment 
19distributed to the political subdivision from the STAR Bonds 
20Revenue Fund in excess of the amount sufficient to satisfy all 
21principal and interest costs to the maturity date or dates of 
22any STAR bond issued by the political subdivision to finance a 
23STAR bond project shall be repaid to the Department of Revenue 
24and deposited into the General Revenue Fund. If not repaid 
25within 90 days after notice from the State, the Department of 
26Revenue shall withhold distributions to the political 
 
 
10300HB3817sam002- 244 -LRB103 30519 JDS 62533 a


1subdivision from the Local Government Tax Fund until the 
2excess amount is repaid, which withheld amounts shall be 
3transferred to the General Revenue Fund. 
4(Source: P.A. 96-939, eff. 6-24-10.)

5 Section 5-90. The Illinois Police Training Act is amended 
6by changing Section 6 as follows:



7 (50 ILCS 705/6) (from Ch. 85, par. 506)



8 Sec. 6. Powers and duties of the Board; selection and 
9certification of schools. The Board shall select
and certify 
10schools within the State of
Illinois for the purpose of 
11providing basic training for probationary law enforcement

12officers, probationary county corrections officers, and
court 
13security officers and
of providing advanced or in-service 
14training for permanent law enforcement officers
or permanent

15county corrections officers, which schools may be either 
16publicly or
privately owned and operated. In addition, the 
17Board has the following
power and duties:

18  a. To require law enforcement agencies to furnish such 
19 reports and
information as the Board deems necessary to 
20 fully implement this Act.

21  b. To establish appropriate mandatory minimum 
22 standards
relating to the training of probationary local 
23 law enforcement officers
or probationary county 
24 corrections officers, and in-service training of permanent 
 
 
10300HB3817sam002- 245 -LRB103 30519 JDS 62533 a


1 law enforcement officers.

2  c. To provide appropriate certification to those 
3 probationary
officers who successfully complete the 
4 prescribed minimum standard basic
training course.

5  d. To review and approve annual training curriculum 
6 for county sheriffs.

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

21 turpitude under the laws of this State or any other state 
22 which if
committed in this State would be punishable as a 
23 felony or a crime of
moral turpitude, or any felony or 
24 misdemeanor in violation of federal law or the law of any 
25 state that is the equivalent of any of the offenses 
26 specified therein. The Board may appoint investigators who 
 
 
10300HB3817sam002- 246 -LRB103 30519 JDS 62533 a


1 shall enforce
the duties conferred upon the Board by this 
2 Act.

3  For purposes of this paragraph e, a person is 
4 considered to have been convicted of, found guilty of, or 
5 entered a plea of guilty to, plea of nolo contendere to 
6 regardless of whether the adjudication of guilt or 
7 sentence is withheld or not entered thereon. This includes 
8 sentences of supervision, conditional discharge, or first 
9 offender probation, or any similar disposition provided 
10 for by law. 
11  f. To establish statewide standards for minimum 
12 standards regarding regular mental health screenings for 
13 probationary and permanent police officers, ensuring that 
14 counseling sessions and screenings remain confidential. 
15  g. To review and ensure all law enforcement officers 
16 remain in compliance with this Act, and any administrative 
17 rules adopted under this Act.
18  h. To suspend any certificate for a definite period, 
19 limit or restrict any certificate, or revoke any 
20 certificate.
21  i. The Board and the Panel shall have power to secure 
22 by its subpoena and bring before it any person or entity in 
23 this State and to take testimony either orally or by 
24 deposition or both with the same fees and mileage and in 
25 the same manner as prescribed by law in judicial 
26 proceedings in civil cases in circuit courts of this 
 
 
10300HB3817sam002- 247 -LRB103 30519 JDS 62533 a


1 State. The Board and the Panel shall also have the power to 
2 subpoena the production of documents, papers, files, 
3 books, documents, and records, whether in physical or 
4 electronic form, in support of the charges and for 
5 defense, and in connection with a hearing or 
6 investigation.
7  j. The Executive Director, the administrative law 
8 judge designated by the Executive Director, and each 
9 member of the Board and the Panel shall have the power to 
10 administer oaths to witnesses at any hearing that the 
11 Board is authorized to conduct under this Act and any 
12 other oaths required or authorized to be administered by 
13 the Board under this Act.
14  k. In case of the neglect or refusal of any person to 
15 obey a subpoena issued by the Board and the Panel, any 
16 circuit court, upon application of the Board and the 
17 Panel, through the Illinois Attorney General, may order 
18 such person to appear before the Board and the Panel give 
19 testimony or produce evidence, and any failure to obey 
20 such order is punishable by the court as a contempt 
21 thereof. This order may be served by personal delivery, by 
22 email, or by mail to the address of record or email address 
23 of record. 
24  l. The Board shall have the power to administer state 
25 certification examinations. Any and all records related to 
26 these examinations, including, but not limited to, test 
 
 
10300HB3817sam002- 248 -LRB103 30519 JDS 62533 a


1 questions, test formats, digital files, answer responses, 
2 answer keys, and scoring information shall be exempt from 
3 disclosure. 
4  m. To make grants, subject to appropriation, to units

5 of local government and public institutions of higher 
6 education for the purposes of hiring and retaining law 
7 enforcement officers. 
8  n. To make grants, subject to appropriation, to local

9 law enforcement agencies for costs associated with the 
10 expansion and support of National Integrated Ballistic 
11 Information Network (NIBIN) and other ballistic technology 
12 equipment for ballistic testing. 
13(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, 
14Section 10-143, eff. 7-1-21; 101-652, Article 25, Section 
1525-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff. 
161-7-22; 102-1115, eff. 1-9-23.)

17 Section 5-92. The Metropolitan Pier and Exposition 
18Authority Act is amended by changing Section 5 as follows:

19 (70 ILCS 210/5) (from Ch. 85, par. 1225)
20 Sec. 5. The Metropolitan Pier and Exposition Authority 
21shall also have the
following rights and powers:
22  (a) To accept from Chicago Park Fair, a corporation, 
23 an assignment of
whatever sums of money it may have 
24 received from the Fair and Exposition
Fund, allocated by 
 
 
10300HB3817sam002- 249 -LRB103 30519 JDS 62533 a


1 the Department of Agriculture of the State of Illinois,

2 and Chicago Park Fair is hereby authorized to assign, set 
3 over and transfer
any of those funds to the Metropolitan 
4 Pier and Exposition Authority. The
Authority has the right 
5 and power hereafter to receive sums as may be
distributed 
6 to it by the Department of Agriculture of the State of 
7 Illinois
from the Fair and Exposition Fund pursuant to the 
8 provisions of Sections 5,
6i, and 28 of the State Finance 
9 Act. All sums received by the Authority
shall be held in 
10 the sole custody of the secretary-treasurer of the

11 Metropolitan Pier and Exposition Board.
12  (b) To accept the assignment of, assume and execute 
13 any contracts
heretofore entered into by Chicago Park 
14 Fair.
15  (c) To acquire, own, construct, equip, lease, operate 
16 and maintain
grounds, buildings and facilities to carry 
17 out its corporate purposes and
duties, and to carry out or 
18 otherwise provide for the recreational,
cultural, 
19 commercial or residential development of Navy Pier, and to 
20 fix
and collect just, reasonable and nondiscriminatory 
21 charges for the use
thereof. The charges so collected 
22 shall be made available to defray the
reasonable expenses 
23 of the Authority and to pay the principal of and the

24 interest upon any revenue bonds issued by the Authority. 
25 The Authority
shall be subject to and comply with the Lake 
26 Michigan and Chicago Lakefront
Protection Ordinance, the 
 
 
10300HB3817sam002- 250 -LRB103 30519 JDS 62533 a


1 Chicago Building Code, the Chicago Zoning
Ordinance, and 
2 all ordinances and regulations of the City of Chicago

3 contained in the following Titles of the Municipal Code of 
4 Chicago:
Businesses, Occupations and Consumer Protection; 
5 Health and Safety; Fire
Prevention; Public Peace, Morals 
6 and Welfare; Utilities
and Environmental Protection; 
7 Streets, Public Ways, Parks, Airports and
Harbors; 
8 Electrical Equipment and Installation; Housing and 
9 Economic
Development (only Chapter 5-4 thereof); and 
10 Revenue and Finance (only so far
as such Title pertains to 
11 the Authority's duty to collect taxes on behalf
of the 
12 City of Chicago).
13  (d) To enter into contracts treating in any manner 
14 with the objects and
purposes of this Act.
15  (e) To lease any buildings to the Adjutant General of 
16 the State of
Illinois for the use of the Illinois National 
17 Guard or the Illinois
Naval Militia.
18  (f) To exercise the right of eminent domain by 
19 condemnation proceedings
in the manner provided by the 
20 Eminent Domain Act,
including, with respect to Site B 
21 only, the authority to exercise quick
take condemnation by 
22 immediate vesting of title under Article 20 of the Eminent 
23 Domain Act, to acquire any privately
owned real or 
24 personal property and, with respect to Site B only, public

25 property used for rail transportation purposes (but no 
26 such taking of such
public property shall, in the 
 
 
10300HB3817sam002- 251 -LRB103 30519 JDS 62533 a


1 reasonable judgment of the owner, interfere
with such rail 
2 transportation) for the lawful purposes of the Authority 
3 in
Site A, at Navy Pier, and at Site B. Just compensation 
4 for property taken
or acquired under this paragraph shall 
5 be paid in money or, notwithstanding
any other provision 
6 of this Act and with the agreement of the owner of the

7 property to be taken or acquired, the Authority may convey 
8 substitute
property or interests in property or enter into 
9 agreements with the
property owner, including leases, 
10 licenses, or concessions, with respect to
any property 
11 owned by the Authority, or may provide for other lawful 
12 forms
of just compensation to the owner. Any property 
13 acquired in condemnation
proceedings shall be used only as 
14 provided in this Act. Except as
otherwise provided by law, 
15 the City of Chicago shall have a right of first
refusal 
16 prior to any sale of any such property by the Authority to 
17 a third
party other than substitute property. The 
18 Authority shall develop and
implement a relocation plan 
19 for businesses displaced as a result of the
Authority's 
20 acquisition of property. The relocation plan shall be

21 substantially similar to provisions of the Uniform 
22 Relocation Assistance
and Real Property Acquisition Act 
23 and regulations promulgated under that
Act relating to 
24 assistance to displaced businesses. To implement the

25 relocation plan the Authority may acquire property by 
26 purchase or gift or
may exercise the powers authorized in 
 
 
10300HB3817sam002- 252 -LRB103 30519 JDS 62533 a


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

21 structure, improvement, or specific portion thereof, for 
22 the fixed maximum
price is insured or guaranteed by a 
23 third party capable of completing
the construction.
24  (h) To enter into agreements with any person with 
25 respect to the use
and occupancy of the grounds, 
26 buildings, and facilities of the Authority,
including 
 
 
10300HB3817sam002- 253 -LRB103 30519 JDS 62533 a


1 concession, license, and lease agreements on terms and 
2 conditions as
the Authority determines. Notwithstanding 
3 Section 24, agreements with respect
to the use and 
4 occupancy of the grounds, buildings, and facilities of the

5 Authority for a term of more than one year shall be entered 
6 into in accordance
with the procurement process provided 
7 for in Section 25.1.
8  (i) To enter into agreements with any person with 
9 respect to the
operation and management of the grounds, 
10 buildings, and facilities of the
Authority or the 
11 provision of goods and services on terms and
conditions as 
12 the Authority determines.
13  (j) After conducting the procurement process provided 
14 for in Section 25.1,
to enter into one or more contracts to 
15 provide for the design and
construction of all or part of 
16 the Authority's Expansion Project grounds,
buildings, and 
17 facilities. Any contract for design and construction of 
18 the
Expansion Project shall be in the form authorized by 
19 subsection (g), shall
be for a fixed maximum price not in 
20 excess of the funds that are authorized
to be made 
21 available
for those purposes during the term of the 
22 contract, and shall be entered
into before commencement of 
23 construction.
24  (k) To enter into agreements, including project 
25 agreements with labor
unions, that the Authority deems 
26 necessary to complete the Expansion Project
or any other 
 
 
10300HB3817sam002- 254 -LRB103 30519 JDS 62533 a


1 construction or improvement project in the most timely
and 
2 efficient manner and without strikes, picketing, or other 
3 actions that
might cause disruption or delay and thereby 
4 add to the cost of the project.
5  (l) To provide incentives to organizations and 
6 entities that agree to make use of the grounds, buildings, 
7 and facilities of the Authority for conventions, meetings, 
8 or trade shows. The incentives may take the form of 
9 discounts from regular fees charged by the Authority, 
10 subsidies for or assumption of the costs incurred with 
11 respect to the convention, meeting, or trade show, or 
12 other inducements. The Authority shall award incentives to 
13 attract or retain conventions, meetings, and trade shows 
14 under the terms set forth in this subsection (l) from 
15 amounts appropriated to the Authority from the 
16 Metropolitan Pier and Exposition Authority Incentive Fund 
17 for this purpose. 
18  No later than May 15 of each year, the Chief Executive 
19 Officer of the Metropolitan Pier and Exposition Authority 
20 shall certify to the State Comptroller and the State 
21 Treasurer the amounts of incentive grant funds used, 
22 including incentive grant funds used for future events 
23 under the provisions of this Section, during the current 
24 fiscal year to provide incentives for conventions, 
25 meetings, or trade shows that: 
26   (i) have been approved by the Authority, in 
 
 
10300HB3817sam002- 255 -LRB103 30519 JDS 62533 a


1 consultation with an organization meeting the 
2 qualifications set out in Section 5.6 of this Act, 
3 provided the Authority has entered into a marketing 
4 agreement with such an organization,
5   (ii)(A) for fiscal years prior to 2022 and after 
6 2024, demonstrate registered attendance (or projected 
7 attendance for future events) in excess of 5,000 
8 individuals or in excess of 10,000 individuals, as 
9 appropriate;
10   (B) for fiscal years 2022 through 2024, 
11 demonstrate registered attendance (or projected 
12 attendance for future events) in excess of 3,000 
13 individuals or in excess of 5,000 individuals, as 
14 appropriate; or
15   (C) for fiscal years 2022 and 2023, regardless of 
16 registered attendance, demonstrate incurrence of costs 
17 associated with mitigation of COVID-19, including, but 
18 not limited to, costs for testing and screening, 
19 contact tracing and notification, personal protective 
20 equipment, and other physical and organizational 
21 costs, and 
22   (iii) in the case of subparagraphs (A) and (B) of 
23 paragraph (ii), but for the incentive, would not have 
24 used (or, in the case of a future event, committed to 
25 use) the facilities of the Authority for the 
26 convention, meeting, or trade show. The State 
 
 
10300HB3817sam002- 256 -LRB103 30519 JDS 62533 a


1 Comptroller may request that the Auditor General 
2 conduct an audit of the accuracy of the certification. 
3 If the State Comptroller determines by this process of 
4 certification that incentive funds, in whole or in 
5 part, were disbursed by the Authority by means other 
6 than in accordance with the standards of this 
7 subsection (l), then any amount transferred to the 
8 Metropolitan Pier and Exposition Authority Incentive 
9 Fund shall be reduced during the next subsequent 
10 transfer in direct proportion to that amount 
11 determined to be in violation of the terms set forth in 
12 this subsection (l). 
13  On July 15, 2012, the Comptroller shall order 
14 transferred, and the Treasurer shall transfer, into the 
15 Metropolitan Pier and Exposition Authority Incentive Fund 
16 from the General Revenue Fund the sum of $7,500,000 plus 
17 an amount equal to the incentive grant funds certified by 
18 the Chief Executive Officer as having been lawfully paid 
19 under the provisions of this Section in the previous 2 
20 fiscal years that have not otherwise been transferred into 
21 the Metropolitan Pier and Exposition Authority Incentive 
22 Fund, provided that transfers in excess of $15,000,000 
23 shall not be made in any fiscal year.
24  On July 15, 2013, the Comptroller shall order 
25 transferred, and the Treasurer shall transfer, into the 
26 Metropolitan Pier and Exposition Authority Incentive Fund 
 
 
10300HB3817sam002- 257 -LRB103 30519 JDS 62533 a


1 from the General Revenue Fund the sum of $7,500,000 plus 
2 an amount equal to the incentive grant funds certified by 
3 the Chief Executive Officer as having been lawfully paid 
4 under the provisions of this Section in the previous 
5 fiscal year that have not otherwise been transferred into 
6 the Metropolitan Pier and Exposition Authority Incentive 
7 Fund, provided that transfers in excess of $15,000,000 
8 shall not be made in any fiscal year. 
9  On July 15, 2014, and every year thereafter, the 
10 Comptroller shall order transferred, and the Treasurer 
11 shall transfer, into the Metropolitan Pier and Exposition 
12 Authority Incentive Fund from the General Revenue Fund an 
13 amount equal to the incentive grant funds certified by the 
14 Chief Executive Officer as (i) having been lawfully paid 
15 under the provisions of this Section in the previous 
16 fiscal year or incurred by the Authority for a future 
17 event under the provisions of this Section and (ii) that 
18 have not otherwise having been been transferred into the 
19 Metropolitan Pier and Exposition Authority Incentive Fund, 
20 provided that (1) no transfers with respect to any 
21 previous fiscal year shall be made after the transfer has 
22 been made with respect to the 2017 fiscal year until the 
23 transfer that is made for the 2022 fiscal year and 
24 thereafter, and no transfers with respect to any previous 
25 fiscal year shall be made after the transfer has been made 
26 with respect to the 2026 fiscal year, and (2) transfers in 
 
 
10300HB3817sam002- 258 -LRB103 30519 JDS 62533 a


1 excess of $15,000,000 shall not be made in any fiscal 
2 year. 
3  After a transfer has been made under this subsection 
4 (l), the Chief Executive Officer shall file a request for 
5 payment with the Comptroller evidencing that the incentive 
6 grants have been made and the Comptroller shall thereafter 
7 order paid, and the Treasurer shall pay, the requested 
8 amounts to the Metropolitan Pier and Exposition Authority. 
9  Excluding any amounts related to the payment of costs 
10 associated with the mitigation of COVID-19 in accordance 
11 with this subsection (l), in no case shall more than 
12 $5,000,000 be used in any one year by the Authority for 
13 incentives granted to conventions, meetings, or trade 
14 shows with a registered attendance (or projected 
15 attendance for future events) of (1) more than 5,000 and 
16 less than 10,000 prior to the 2022 fiscal year and after 
17 the 2024 fiscal year and (2) more than 3,000 and less than 
18 5,000 for fiscal years 2022 through 2024. Amounts in the 
19 Metropolitan Pier and Exposition Authority Incentive Fund 
20 shall only be used by the Authority for incentives paid to 
21 attract or retain conventions, meetings, and trade shows 
22 as provided in this subsection (l).
23 "Future event" means a convention, meeting, or
trade show 
24that executed an agreement during the fiscal year to use the 
25facilities of the Authority after fiscal year 2026; provided 
26that the agreement is entered into with the Authority or with 
 
 
10300HB3817sam002- 259 -LRB103 30519 JDS 62533 a


1an organization that meets the qualifications set out in 
2Section 5.6 of this Act and that has entered into a marketing 
3agreement with the Authority. 
4  (l-5) The Village of Rosemont shall provide incentives 
5 from amounts transferred into the Convention Center 
6 Support Fund to retain and attract conventions, meetings, 
7 or trade shows to the Donald E. Stephens Convention Center 
8 under the terms set forth in this subsection (l-5).
9  No later than May 15 of each year, the Mayor of the 
10 Village of Rosemont or his or her designee shall certify 
11 to the State Comptroller and the State Treasurer the 
12 amounts of incentive grant funds used during the previous 
13 fiscal year to provide incentives for conventions, 
14 meetings, or trade shows that (1) have been approved by 
15 the Village, (2) demonstrate registered attendance in 
16 excess of 5,000 individuals, and (3) but for the 
17 incentive, would not have used the Donald E. Stephens 
18 Convention Center facilities for the convention, meeting, 
19 or trade show. The State Comptroller may request that the 
20 Auditor General conduct an audit of the accuracy of the 
21 certification.
22  If the State Comptroller determines by this process of 
23 certification that incentive funds, in whole or in part, 
24 were disbursed by the Village by means other than in 
25 accordance with the standards of this subsection (l-5), 
26 then the amount transferred to the Convention Center 
 
 
10300HB3817sam002- 260 -LRB103 30519 JDS 62533 a


1 Support Fund shall be reduced during the next subsequent 
2 transfer in direct proportion to that amount determined to 
3 be in violation of the terms set forth in this subsection 
4 (l-5). 
5  On July 15, 2012, and each year thereafter, the 
6 Comptroller shall order transferred, and the Treasurer 
7 shall transfer, into the Convention Center Support Fund 
8 from the General Revenue Fund the amount of $5,000,000 for 
9 (i) incentives to attract large conventions, meetings, and 
10 trade shows to the Donald E. Stephens Convention Center, 
11 and (ii) to be used by the Village of Rosemont for the 
12 repair, maintenance, and improvement of the Donald E. 
13 Stephens Convention Center and for debt service on debt 
14 instruments issued for those purposes by the village. No 
15 later than 30 days after the transfer, the Comptroller 
16 shall order paid, and the Treasurer shall pay, to the 
17 Village of Rosemont the amounts transferred. 
18  (m) To enter into contracts with any person conveying 
19 the naming rights or other intellectual property rights 
20 with respect to the grounds, buildings, and facilities of 
21 the Authority.
22  (n) To enter into grant agreements with the Chicago 
23 Convention and Tourism Bureau providing for the marketing 
24 of the convention facilities to large and small 
25 conventions, meetings, and trade shows and the promotion 
26 of the travel industry in the City of Chicago, provided 
 
 
10300HB3817sam002- 261 -LRB103 30519 JDS 62533 a


1 such agreements meet the requirements of Section 5.6 of 
2 this Act. Receipts of the Authority from the increase in 
3 the airport departure tax authorized in subsection (f) of 
4 Section 13 of this Act by Public Act 96-898 and, subject to 
5 appropriation to the Authority, funds deposited in the 
6 Chicago Travel Industry Promotion Fund pursuant to Section 
7 6 of the Hotel Operators' Occupation Tax Act shall be 
8 granted to the Bureau for such purposes. 
9  For Fiscal Year 2023 only, the Department of Commerce

10 and Economic Opportunity shall enter into the grant 
11 agreements described in this subsection in place of the 
12 Authority. The grant agreements entered into by the 
13 Department and the Bureau under this subsection are not 
14 subject to the matching funds requirements or the other 
15 terms and conditions of Section 605-705 of the Department 
16 of Commerce and Economic Opportunity Law of the Civil 
17 Administrative Code of Illinois. Subject to appropriation, 
18 funds transferred into the Chicago Travel Industry 
19 Promotion Fund pursuant to subsection (f) of Section 
20 6z-121 of the State Finance Act shall be granted to the 
21 Bureau for the purposes described in this subsection. The 
22 Department shall have authority to make expenditures from 
23 the Chicago Travel Industry Promotion Fund solely for the 
24 purpose of providing grants to the Bureau. 
25(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)

 
 
10300HB3817sam002- 262 -LRB103 30519 JDS 62533 a


1 Section 5-95. The School Code is amended by adding 
2Sections 2-3.196 and 2-3.197 and by changing Sections 2-3.186, 
310-22.36, 18-8.15, and 27-23.1 as follows:

4 (105 ILCS 5/2-3.186)
5 Sec. 2-3.186. Freedom Schools; grant program.
6 (a) The General Assembly recognizes and values the 
7contributions that Freedom Schools make to enhance the lives 
8of Black students. The General Assembly makes all of the 
9following findings:
10  (1) The fundamental goal of the Freedom Schools of the 
11 1960s was to provide quality education for all students, 
12 to motivate active civic engagement, and to empower 
13 disenfranchised communities. The renowned and progressive 
14 curriculum of Freedom Schools allowed students of all ages 
15 to experience a new and liberating form of education that 
16 directly related to the imperatives of their lives, their 
17 communities, and the Freedom Movement.
18  (2) Freedom Schools continue to demonstrate the proven 
19 benefits of critical civic engagement and 
20 intergenerational effects by providing historically 
21 disadvantaged students, including African American 
22 students and other students of color, with quality 
23 instruction that fosters student confidence, critical 
24 thinking, and social and emotional development.
25  (3) Freedom Schools offer culturally relevant learning 
 
 
10300HB3817sam002- 263 -LRB103 30519 JDS 62533 a


1 opportunities with the academic and social supports that 
2 Black children need by utilizing quality teaching, 
3 challenging and engaging curricula, wrap-around supports, 
4 a positive school climate, and strong ties to family and 
5 community. Freedom Schools have a clear focus on results.
6  (4) Public schools serve a foundational role in the 
7 education of over 2,000,000 students in this State.
8 (b) The State Board of Education shall establish a Freedom 
9School network to supplement the learning taking place in 
10public schools by awarding one or more grants as set forth in 
11subsection (e) to create Freedom Schools creating a 6-week 
12summer program with an organization with a mission to improve 
13the odds for children in poverty by that operates Freedom 
14Schools in multiple states using a research-based and 
15multicultural curriculum for disenfranchised communities most 
16affected by the opportunity gap and learning loss caused by 
17the pandemic, and by expanding the teaching of African 
18American history, developing leadership skills, and providing 
19an understanding of the tenets of the civil rights movement. 
20The teachers in Freedom Schools must be from the local 
21community, with an emphasis on historically disadvantaged 
22youth, including African American students and other students 
23of color, so that (i) these individuals have access to summer 
24jobs and teaching experiences that serve as a long-term 
25pipeline to educational careers and the hiring of minority 
26educators in public schools, (ii) these individuals are 
 
 
10300HB3817sam002- 264 -LRB103 30519 JDS 62533 a


1elevated as content experts and community leaders, and (iii) 
2Freedom School students have access to both mentorship and 
3equitable educational resources.
4 (c) A Freedom School shall intentionally and imaginatively 
5implement strategies that focus on all of the following:
6  (1) Racial justice and equity.
7  (2) Transparency and building trusting relationships.
8  (3) Self-determination and governance.
9  (4) Building on community strengths and community 
10 wisdom.
11  (5) Utilizing current data, best practices, and 
12 evidence.
13  (6) Shared leadership and collaboration.
14  (7) A reflective learning culture.
15  (8) A whole-child approach to education.
16  (9) Literacy.
17 (d) The State Board of Education, in the establishment of 
18Freedom Schools, shall strive for authentic parent and 
19community engagement during the development of Freedom Schools 
20and their curriculum. Authentic parent and community 
21engagement includes all of the following:
22  (1) A shared responsibility that values equal 
23 partnerships between families and professionals.
24  (2) Ensuring that students and families who are 
25 directly impacted by Freedom School policies and practices 
26 are the decision-makers in the creation, design, 
 
 
10300HB3817sam002- 265 -LRB103 30519 JDS 62533 a


1 implementation, and assessment of those policies and 
2 practices.
3  (3) Genuine respect for the culture and diversity of 
4 families.
5  (4) Relationships that center around the goal of 
6 supporting family well-being and children's development 
7 and learning.
8 (e) Subject to appropriation, the State Board of Education 
9shall establish and implement a grant program to provide 
10grants to public schools, public community colleges, and 
11not-for-profit, community-based organizations to facilitate 
12improved educational outcomes for historically disadvantaged 
13students, including African American students and other 
14students of color in grades pre-kindergarten through 12 in 
15alignment with the integrity and practices of the Freedom 
16School model established during the civil rights movement. 
17Grant recipients under the program may include, but are not 
18limited to, entities that work with the Children's Defense 
19Fund or offer established programs with proven results and 
20outcomes. The State Board of Education shall award grants to 
21eligible entities that demonstrate a likelihood of reasonable 
22success in achieving the goals identified in the grant 
23application, including, but not limited to, all of the 
24following:
25  (1) Engaging, culturally relevant, and challenging 
26 curricula.
 
 
10300HB3817sam002- 266 -LRB103 30519 JDS 62533 a


1  (2) High-quality teaching.
2  (3) Wrap-around supports and opportunities.
3  (4) Positive discipline practices, such as restorative 
4 justice.
5  (5) Inclusive leadership.
6 (f) The Freedom Schools Fund is created as a special fund 
7in the State treasury. The Fund shall consist of 
8appropriations from the General Revenue Fund, grant funds from 
9the
federal government, and donations from educational and 
10private foundations. All money in the Fund shall be used, 
11subject to appropriation, by the State Board of Education for 
12the purposes of this Section and to support related 
13activities. 
14 (g) The State Board of Education may adopt any rules 
15necessary to implement this Section.

16(Source: P.A. 101-654, eff. 3-8-21; 102-209, eff. 11-30-21 
17(See Section 5 of P.A. 102-671 for effective date of P.A. 
18102-209).)

19 (105 ILCS 5/2-3.196 new)
20 Sec. 2-3.196. Teacher Vacancy Grant Pilot Program.
21 (a) Subject to appropriation, beginning in Fiscal Year 
222024, the State Board of Education shall administer a 3-year 
23Teacher Vacancy Grant Pilot Program for the allocation of 
24formula grant funds to school districts to support the 
25reduction of unfilled teaching positions throughout the State. 
 
 
10300HB3817sam002- 267 -LRB103 30519 JDS 62533 a


1The State Board shall identify which districts are eligible to 
2apply for a 3-year grant under this Section by reviewing the 
3State Board's Fiscal Year 2023 annual unfilled teaching 
4positions report to determine which districts designated as 
5Tier 1, Tier 2, and Tier 3 under Section 18-8.15 have the 
6greatest need for funds. Based on the National Center for 
7Education Statistics locale classifications, 60% of eligible 
8districts shall be rural districts and 40% of eligible 
9districts shall be urban districts. Continued funding for the 
10grant in Fiscal Year 2025 and Fiscal Year 2026 is subject to 
11appropriation. The State Board shall post, on its website, 
12information about the grant program and the list of identified 
13districts that are eligible to apply for a grant under this 
14subsection.
15 (b) A school district that is determined to be eligible 
16for a grant under subsection (a) and that chooses to 
17participate in the program must submit an application to the 
18State Board that describes the relevant context for the need 
19for teacher vacancy support, suspected causes of teacher 
20vacancies in the district, and the district's plan in 
21utilizing grant funds to reduce unfilled teaching positions 
22throughout the district. If an eligible school district 
23chooses not to participate in the program, the State Board 
24shall identify a potential replacement district by using the 
25same methodology described in subsection (a).
26 (c) Grant funds awarded under this Section may be used for 
 
 
10300HB3817sam002- 268 -LRB103 30519 JDS 62533 a


1financial incentives to support the recruitment and hiring of 
2teachers, programs and incentives to strengthen teacher 
3pipelines, or investments to sustain teachers and reduce 
4attrition among teachers. Grant funds shall be used only for 
5the purposes outlined in the district's application to the 
6State Board to reduce unfilled teaching positions. Grant funds 
7shall not be used for any purposes not approved by the State 
8Board.
9 (d) A school district that receives grant funds under this 
10Section shall submit an annual report to the State Board that 
11includes, but is not limited to, a summary of all grant-funded 
12activities implemented to reduce unfilled teaching positions, 
13progress towards reducing unfilled teaching positions, the 
14number of unfilled teaching positions in the district in the 
15preceding fiscal year, the number of new teachers hired during 
16the program, the teacher attrition rate, the number of 
17individuals participating in any programs designed to reduce 
18attrition, the number of teachers retained using support of 
19the grant funds, participation in any strategic pathway 
20programs created under the program, and the number of and 
21participation in any new pathways into teaching positions 
22created under the program.
23 (e) No later than March 1, 2027, the State Board shall 
24submit a report to the Governor and the General Assembly on the 
25efficacy of the pilot program that includes a summary of the 
26information received under subsection (d) and an overview of 
 
 
10300HB3817sam002- 269 -LRB103 30519 JDS 62533 a


1its activities to support grantees.

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

 
 
10300HB3817sam002- 270 -LRB103 30519 JDS 62533 a


1 created as a special fund in the State Treasury. The State 
2 Board of Education may accept gifts, grants, awards, 
3 donations, matching contributions, appropriations, 
4 interest income, public or private bequests, and cost 
5 sharings from any individuals, businesses, governments, or 
6 other third-party sources, and any federal funds. All 
7 moneys received under this Section shall be deposited into 
8 the Imagination Library of Illinois Fund. Any moneys that 
9 are unobligated or unexpended at the end of a fiscal year 
10 shall remain in the Imagination Library of Illinois Fund, 
11 shall not lapse into the General Revenue Fund, and shall 
12 be available to the Board for expenditure in the next 
13 fiscal year, subject to appropriation. Notwithstanding any 
14 other law to the contrary, this Fund is not subject to 
15 sweeps, administrative chargebacks, or any other fiscal or 
16 budgetary maneuver that in any way would transfer any 
17 amount from this Fund into any other fund of the State.
18  (2) Moneys received under this Section are subject to

19 appropriation by the General Assembly and may only be 
20 expended for purposes consistent with the conditions under 
21 which the moneys were received, including, but not limited 
22 to, the following:
23   (i) Moneys in the Fund shall be used to provide

24 age-appropriate books on a monthly basis, at home, to 
25 each child registered in the Imagination Library of 
26 Illinois Program, from birth through their fifth 
 
 
10300HB3817sam002- 271 -LRB103 30519 JDS 62533 a


1 birthday, at no cost to families, through Dolly 
2 Parton's Imagination Library.
3   (ii) Subject to availability, moneys in the Fund

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

26 Parton's Imagination Library programs.
 
 
10300HB3817sam002- 272 -LRB103 30519 JDS 62533 a


1  (2) Advances and strengthens local Dolly Parton's

2 Imagination Library programs with the goal of increasing 
3 enrollment.
4  (3) Develops community engagement.
5  (4) Develops, promotes, and coordinates a public

6 awareness campaign to make donors aware of the opportunity 
7 to donate to the affiliate programs and make the public 
8 aware of the opportunity to register eligible children to 
9 receive books through the program.
10  (5) Administers the local match requirement and

11 coordinates the collection and remittance of local program 
12 costs for books and mailing.
13  (6) Develops statewide marketing and communication

14 plans.
15  (7) Solicits donations, gifts, and other funding from

16 statewide partners to financially support local Dolly 
17 Parton's Imagination Library programs.
18  (8) Identifies and applies for available grant awards.
19 (d) The State Board of Education shall make publicly 
20available on an annual basis information regarding the number 
21of local programs that exist, where the local programs are 
22located, the number of children that are enrolled in the 
23program, the number of books that have been provided, and 
24those entities or organizations that serve as local partners.
25 (e) The State Board of Education may adopt rules as may be 
26needed for the administration of the Imagination Library of 
 
 
10300HB3817sam002- 273 -LRB103 30519 JDS 62533 a


1Illinois Program.



2 (105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)


3 Sec. 10-22.36. Buildings for school purposes. 
4 (a) To build or purchase a building for school classroom 
5or
instructional purposes upon the approval of a majority of 
6the voters upon the
proposition at a referendum held for such 
7purpose or in accordance with
Section 17-2.11, 19-3.5, or 
819-3.10. The board may initiate such referendum by resolution.

9The board shall certify the resolution and proposition to the 
10proper
election authority for submission in accordance with 
11the general election law.

12 The questions of building one or more new buildings for 
13school
purposes or office facilities, and issuing bonds for 
14the purpose of
borrowing money to purchase one or more 
15buildings or sites for such
buildings or office sites, to 
16build one or more new buildings for school
purposes or office 
17facilities or to make additions and improvements to
existing 
18school buildings, may be combined into one or more 
19propositions
on the ballot.

20 Before erecting, or purchasing or remodeling such a 
21building the
board shall submit the plans and specifications 
22respecting heating,
ventilating, lighting, seating, water 
23supply, toilets and safety against
fire to the regional 
24superintendent of schools having supervision and
control over 
25the district, for approval in accordance with Section 2-3.12.

 
 
10300HB3817sam002- 274 -LRB103 30519 JDS 62533 a


1 Notwithstanding any of the foregoing, no referendum shall 
2be required
if the purchase, construction, or building of any

3such
building (1) occurs while the building is being
leased by 
4the school district or (2) is paid with (A) funds
derived from 
5the sale or disposition of other buildings, land, or

6structures of the school district or (B) funds received (i) as 
7a
grant under the
School Construction Law or (ii) as gifts or 
8donations,
provided that no funds to purchase, construct, or 
9build such building, other than lease
payments, are
derived 
10from the district's bonded indebtedness or the tax levy of
the

11district.
12 Notwithstanding any of the foregoing, no referendum shall 
13be required if the purchase, construction, or building of any 
14such building is paid with funds received from the County 
15School Facility and Resources Occupation Tax Law under Section 
165-1006.7 of the Counties Code or from the proceeds of bonds or 
17other debt obligations secured by revenues obtained from that 
18Law. 
19 Notwithstanding any of the foregoing, for Decatur School 
20District Number 61, no referendum shall be required if at 
21least 50% of the cost of the purchase, construction, or 
22building of any such building is paid, or will be paid, with 
23funds received or expected to be received as part of, or 
24otherwise derived from, any COVID-19 pandemic relief program 
25or funding source, including, but not limited to, Elementary 
26and Secondary School Emergency Relief Fund grant proceeds. 
 
 
10300HB3817sam002- 275 -LRB103 30519 JDS 62533 a


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

22 (c) Notwithstanding the provisions of subsection (a) and 
23(b), for Cahokia Community Unit School District 187, no 
24referendum shall be required for the lease of any building for 
25school or educational purposes if the cost is paid or will be 
26paid with funds available at the time of the lease in the 
 
 
10300HB3817sam002- 276 -LRB103 30519 JDS 62533 a


1district's existing fund balances to fund the lease of a 
2building during the 2023-2024 or 2024-2025 school year. 
3 For the purposes of this subsection (c), the school board 
4must hold at least 2 public hearings, the sole purpose of which 
5shall be to discuss the decision to lease a school building and 
6to receive input from the community. The notice of each public 
7hearing that sets forth the time, date, place, and name or 
8description of the school building that the school board is 
9considering leasing must be provided at least 10 days prior to 
10the hearing by publication on the school district's website. 
11(Source: P.A. 101-455, eff. 8-23-19; 102-16, eff. 6-17-21; 
12102-699, eff. 7-1-22.)


13 (105 ILCS 5/18-8.15)
14 Sec. 18-8.15. Evidence-Based Funding for student success 
15for the 2017-2018 and subsequent school years. 
16 (a) General provisions. 
17  (1) The purpose of this Section is to ensure that, by 
18 June 30, 2027 and beyond, this State has a kindergarten 
19 through grade 12 public education system with the capacity 
20 to ensure the educational development of all persons to 
21 the limits of their capacities in accordance with Section 
22 1 of Article X of the Constitution of the State of 
23 Illinois. To accomplish that objective, this Section 
24 creates a method of funding public education that is 
25 evidence-based; is sufficient to ensure every student 
 
 
10300HB3817sam002- 277 -LRB103 30519 JDS 62533 a


1 receives a meaningful opportunity to learn irrespective of 
2 race, ethnicity, sexual orientation, gender, or 
3 community-income level; and is sustainable and 
4 predictable. When fully funded under this Section, every 
5 school shall have the resources, based on what the 
6 evidence indicates is needed, to: 
7   (A) provide all students with a high quality 
8 education that offers the academic, enrichment, social 
9 and emotional support, technical, and career-focused 
10 programs that will allow them to become competitive 
11 workers, responsible parents, productive citizens of 
12 this State, and active members of our national 
13 democracy;
14   (B) ensure all students receive the education they 
15 need to graduate from high school with the skills 
16 required to pursue post-secondary education and 
17 training for a rewarding career;
18   (C) reduce, with a goal of eliminating, the 
19 achievement gap between at-risk and non-at-risk 
20 students by raising the performance of at-risk 
21 students and not by reducing standards; and
22   (D) ensure this State satisfies its obligation to 
23 assume the primary responsibility to fund public 
24 education and simultaneously relieve the 
25 disproportionate burden placed on local property taxes 
26 to fund schools. 
 
 
10300HB3817sam002- 278 -LRB103 30519 JDS 62533 a


1  (2) The Evidence-Based Funding formula under this 
2 Section shall be applied to all Organizational Units in 
3 this State. The Evidence-Based Funding formula outlined in 
4 this Act is based on the formula outlined in Senate Bill 1 
5 of the 100th General Assembly, as passed by both 
6 legislative chambers. As further defined and described in 
7 this Section, there are 4 major components of the 
8 Evidence-Based Funding model: 
9   (A) First, the model calculates a unique Adequacy 
10 Target for each Organizational Unit in this State that 
11 considers the costs to implement research-based 
12 activities, the unit's student demographics, and 
13 regional wage differences.
14   (B) Second, the model calculates each 
15 Organizational Unit's Local Capacity, or the amount 
16 each Organizational Unit is assumed to contribute 
17 toward its Adequacy Target from local resources.
18   (C) Third, the model calculates how much funding 
19 the State currently contributes to the Organizational 
20 Unit and adds that to the unit's Local Capacity to 
21 determine the unit's overall current adequacy of 
22 funding.
23   (D) Finally, the model's distribution method 
24 allocates new State funding to those Organizational 
25 Units that are least well-funded, considering both 
26 Local Capacity and State funding, in relation to their 
 
 
10300HB3817sam002- 279 -LRB103 30519 JDS 62533 a


1 Adequacy Target. 
2  (3) An Organizational Unit receiving any funding under 
3 this Section may apply those funds to any fund so received 
4 for which that Organizational Unit is authorized to make 
5 expenditures by law.
6  (4) As used in this Section, the following terms shall 
7 have the meanings ascribed in this paragraph (4): 
8  "Adequacy Target" is defined in paragraph (1) of 
9 subsection (b) of this Section.
10  "Adjusted EAV" is defined in paragraph (4) of 
11 subsection (d) of this Section. 
12  "Adjusted Local Capacity Target" is defined in 
13 paragraph (3) of subsection (c) of this Section.
14  "Adjusted Operating Tax Rate" means a tax rate for all 
15 Organizational Units, for which the State Superintendent 
16 shall calculate and subtract for the Operating Tax Rate a 
17 transportation rate based on total expenses for 
18 transportation services under this Code, as reported on 
19 the most recent Annual Financial Report in Pupil 
20 Transportation Services, function 2550 in both the 
21 Education and Transportation funds and functions 4110 and 
22 4120 in the Transportation fund, less any corresponding 
23 fiscal year State of Illinois scheduled payments excluding 
24 net adjustments for prior years for regular, vocational, 
25 or special education transportation reimbursement pursuant 
26 to Section 29-5 or subsection (b) of Section 14-13.01 of 
 
 
10300HB3817sam002- 280 -LRB103 30519 JDS 62533 a


1 this Code divided by the Adjusted EAV. If an 
2 Organizational Unit's corresponding fiscal year State of 
3 Illinois scheduled payments excluding net adjustments for 
4 prior years for regular, vocational, or special education 
5 transportation reimbursement pursuant to Section 29-5 or 
6 subsection (b) of Section 14-13.01 of this Code exceed the 
7 total transportation expenses, as defined in this 
8 paragraph, no transportation rate shall be subtracted from 
9 the Operating Tax Rate. 
10  "Allocation Rate" is defined in paragraph (3) of 
11 subsection (g) of this Section.
12  "Alternative School" means a public school that is 
13 created and operated by a regional superintendent of 
14 schools and approved by the State Board.
15  "Applicable Tax Rate" is defined in paragraph (1) of 
16 subsection (d) of this Section.
17  "Assessment" means any of those benchmark, progress 
18 monitoring, formative, diagnostic, and other assessments, 
19 in addition to the State accountability assessment, that 
20 assist teachers' needs in understanding the skills and 
21 meeting the needs of the students they serve.
22  "Assistant principal" means a school administrator 
23 duly endorsed to be employed as an assistant principal in 
24 this State.
25  "At-risk student" means a student who is at risk of 
26 not meeting the Illinois Learning Standards or not 
 
 
10300HB3817sam002- 281 -LRB103 30519 JDS 62533 a


1 graduating from elementary or high school and who 
2 demonstrates a need for vocational support or social 
3 services beyond that provided by the regular school 
4 program. All students included in an Organizational Unit's 
5 Low-Income Count, as well as all English learner and 
6 disabled students attending the Organizational Unit, shall 
7 be considered at-risk students under this Section.
8  "Average Student Enrollment" or "ASE" for fiscal year 
9 2018 means, for an Organizational Unit, the greater of the 
10 average number of students (grades K through 12) reported 
11 to the State Board as enrolled in the Organizational Unit 
12 on October 1 in the immediately preceding school year, 
13 plus the pre-kindergarten students who receive special 
14 education services of 2 or more hours a day as reported to 
15 the State Board on December 1 in the immediately preceding 
16 school year, or the average number of students (grades K 
17 through 12) reported to the State Board as enrolled in the 
18 Organizational Unit on October 1, plus the 
19 pre-kindergarten students who receive special education 
20 services of 2 or more hours a day as reported to the State 
21 Board on December 1, for each of the immediately preceding 
22 3 school years. For fiscal year 2019 and each subsequent 
23 fiscal year, "Average Student Enrollment" or "ASE" means, 
24 for an Organizational Unit, the greater of the average 
25 number of students (grades K through 12) reported to the 
26 State Board as enrolled in the Organizational Unit on 
 
 
10300HB3817sam002- 282 -LRB103 30519 JDS 62533 a


1 October 1 and March 1 in the immediately preceding school 
2 year, plus the pre-kindergarten students who receive 
3 special education services as reported to the State Board 
4 on October 1 and March 1 in the immediately preceding 
5 school year, or the average number of students (grades K 
6 through 12) reported to the State Board as enrolled in the 
7 Organizational Unit on October 1 and March 1, plus the 
8 pre-kindergarten students who receive special education 
9 services as reported to the State Board on October 1 and 
10 March 1, for each of the immediately preceding 3 school 
11 years. For the purposes of this definition, "enrolled in 
12 the Organizational Unit" means the number of students 
13 reported to the State Board who are enrolled in schools 
14 within the Organizational Unit that the student attends or 
15 would attend if not placed or transferred to another 
16 school or program to receive needed services. For the 
17 purposes of calculating "ASE", all students, grades K 
18 through 12, excluding those attending kindergarten for a 
19 half day and students attending an alternative education 
20 program operated by a regional office of education or 
21 intermediate service center, shall be counted as 1.0. All 
22 students attending kindergarten for a half day shall be 
23 counted as 0.5, unless in 2017 by June 15 or by March 1 in 
24 subsequent years, the school district reports to the State 
25 Board of Education the intent to implement full-day 
26 kindergarten district-wide for all students, then all 
 
 
10300HB3817sam002- 283 -LRB103 30519 JDS 62533 a


1 students attending kindergarten shall be counted as 1.0. 
2 Special education pre-kindergarten students shall be 
3 counted as 0.5 each. If the State Board does not collect or 
4 has not collected both an October 1 and March 1 enrollment 
5 count by grade or a December 1 collection of special 
6 education pre-kindergarten students as of August 31, 2017 
7 (the effective date of Public Act 100-465), it shall 
8 establish such collection for all future years. For any 
9 year in which a count by grade level was collected only 
10 once, that count shall be used as the single count 
11 available for computing a 3-year average ASE. Funding for 
12 programs operated by a regional office of education or an 
13 intermediate service center must be calculated using the 
14 Evidence-Based Funding formula under this Section for the 
15 2019-2020 school year and each subsequent school year 
16 until separate adequacy formulas are developed and adopted 
17 for each type of program. ASE for a program operated by a 
18 regional office of education or an intermediate service 
19 center must be determined by the March 1 enrollment for 
20 the program. For the 2019-2020 school year, the ASE used 
21 in the calculation must be the first-year ASE and, in that 
22 year only, the assignment of students served by a regional 
23 office of education or intermediate service center shall 
24 not result in a reduction of the March enrollment for any 
25 school district. For the 2020-2021 school year, the ASE 
26 must be the greater of the current-year ASE or the 2-year 
 
 
10300HB3817sam002- 284 -LRB103 30519 JDS 62533 a


1 average ASE. Beginning with the 2021-2022 school year, the 
2 ASE must be the greater of the current-year ASE or the 
3 3-year average ASE. School districts shall submit the data 
4 for the ASE calculation to the State Board within 45 days 
5 of the dates required in this Section for submission of 
6 enrollment data in order for it to be included in the ASE 
7 calculation. For fiscal year 2018 only, the ASE 
8 calculation shall include only enrollment taken on October 
9 1. In recognition of the impact of COVID-19, the 
10 definition of "Average Student Enrollment" or "ASE" shall 
11 be adjusted for calculations under this Section for fiscal 
12 years 2022 through 2024. For fiscal years 2022 through 
13 2024, the enrollment used in the calculation of ASE 
14 representing the 2020-2021 school year shall be the 
15 greater of the enrollment for the 2020-2021 school year or 
16 the 2019-2020 school year.
17  "Base Funding Guarantee" is defined in paragraph (10) 
18 of subsection (g) of this Section. 
19  "Base Funding Minimum" is defined in subsection (e) of 
20 this Section.
21  "Base Tax Year" means the property tax levy year used 
22 to calculate the Budget Year allocation of primary State 
23 aid.
24  "Base Tax Year's Extension" means the product of the 
25 equalized assessed valuation utilized by the county clerk 
26 in the Base Tax Year multiplied by the limiting rate as 
 
 
10300HB3817sam002- 285 -LRB103 30519 JDS 62533 a


1 calculated by the county clerk and defined in PTELL.
2  "Bilingual Education Allocation" means the amount of 
3 an Organizational Unit's final Adequacy Target 
4 attributable to bilingual education divided by the 
5 Organizational Unit's final Adequacy Target, the product 
6 of which shall be multiplied by the amount of new funding 
7 received pursuant to this Section. An Organizational 
8 Unit's final Adequacy Target attributable to bilingual 
9 education shall include all additional investments in 
10 English learner students' adequacy elements.
11  "Budget Year" means the school year for which primary 
12 State aid is calculated and awarded under this Section. 
13  "Central office" means individual administrators and 
14 support service personnel charged with managing the 
15 instructional programs, business and operations, and 
16 security of the Organizational Unit.
17  "Comparable Wage Index" or "CWI" means a regional cost 
18 differentiation metric that measures systemic, regional 
19 variations in the salaries of college graduates who are 
20 not educators. The CWI utilized for this Section shall, 
21 for the first 3 years of Evidence-Based Funding 
22 implementation, be the CWI initially developed by the 
23 National Center for Education Statistics, as most recently 
24 updated by Texas A & M University. In the fourth and 
25 subsequent years of Evidence-Based Funding implementation, 
26 the State Superintendent shall re-determine the CWI using 
 
 
10300HB3817sam002- 286 -LRB103 30519 JDS 62533 a


1 a similar methodology to that identified in the Texas A & M 
2 University study, with adjustments made no less frequently 
3 than once every 5 years.
4  "Computer technology and equipment" means computers 
5 servers, notebooks, network equipment, copiers, printers, 
6 instructional software, security software, curriculum 
7 management courseware, and other similar materials and 
8 equipment. 
9  "Computer technology and equipment investment 
10 allocation" means the final Adequacy Target amount of an 
11 Organizational Unit assigned to Tier 1 or Tier 2 in the 
12 prior school year attributable to the additional $285.50 
13 per student computer technology and equipment investment 
14 grant divided by the Organizational Unit's final Adequacy 
15 Target, the result of which shall be multiplied by the 
16 amount of new funding received pursuant to this Section. 
17 An Organizational Unit assigned to a Tier 1 or Tier 2 final 
18 Adequacy Target attributable to the received computer 
19 technology and equipment investment grant shall include 
20 all additional investments in computer technology and 
21 equipment adequacy elements. 
22  "Core subject" means mathematics; science; reading, 
23 English, writing, and language arts; history and social 
24 studies; world languages; and subjects taught as Advanced 
25 Placement in high schools.
26  "Core teacher" means a regular classroom teacher in 
 
 
10300HB3817sam002- 287 -LRB103 30519 JDS 62533 a


1 elementary schools and teachers of a core subject in 
2 middle and high schools.
3  "Core Intervention teacher (tutor)" means a licensed 
4 teacher providing one-on-one or small group tutoring to 
5 students struggling to meet proficiency in core subjects.
6  "CPPRT" means corporate personal property replacement 
7 tax funds paid to an Organizational Unit during the 
8 calendar year one year before the calendar year in which a 
9 school year begins, pursuant to "An Act in relation to the 
10 abolition of ad valorem personal property tax and the 
11 replacement of revenues lost thereby, and amending and 
12 repealing certain Acts and parts of Acts in connection 
13 therewith", certified August 14, 1979, as amended (Public 
14 Act 81-1st S.S.-1).
15  "EAV" means equalized assessed valuation as defined in 
16 paragraph (2) of subsection (d) of this Section and 
17 calculated in accordance with paragraph (3) of subsection 
18 (d) of this Section.
19  "ECI" means the Bureau of Labor Statistics' national 
20 employment cost index for civilian workers in educational 
21 services in elementary and secondary schools on a 
22 cumulative basis for the 12-month calendar year preceding 
23 the fiscal year of the Evidence-Based Funding calculation.
24  "EIS Data" means the employment information system 
25 data maintained by the State Board on educators within 
26 Organizational Units.
 
 
10300HB3817sam002- 288 -LRB103 30519 JDS 62533 a


1  "Employee benefits" means health, dental, and vision 
2 insurance offered to employees of an Organizational Unit, 
3 the costs associated with the statutorily required payment 
4 of the normal cost of the Organizational Unit's teacher 
5 pensions, Social Security employer contributions, and 
6 Illinois Municipal Retirement Fund employer contributions.
7  "English learner" or "EL" means a child included in 
8 the definition of "English learners" under Section 14C-2 
9 of this Code participating in a program of transitional 
10 bilingual education or a transitional program of 
11 instruction meeting the requirements and program 
12 application procedures of Article 14C of this Code. For 
13 the purposes of collecting the number of EL students 
14 enrolled, the same collection and calculation methodology 
15 as defined above for "ASE" shall apply to English 
16 learners, with the exception that EL student enrollment 
17 shall include students in grades pre-kindergarten through 
18 12.
19  "Essential Elements" means those elements, resources, 
20 and educational programs that have been identified through 
21 academic research as necessary to improve student success, 
22 improve academic performance, close achievement gaps, and 
23 provide for other per student costs related to the 
24 delivery and leadership of the Organizational Unit, as 
25 well as the maintenance and operations of the unit, and 
26 which are specified in paragraph (2) of subsection (b) of 
 
 
10300HB3817sam002- 289 -LRB103 30519 JDS 62533 a


1 this Section.
2  "Evidence-Based Funding" means State funding provided 
3 to an Organizational Unit pursuant to this Section.
4  "Extended day" means academic and enrichment programs 
5 provided to students outside the regular school day before 
6 and after school or during non-instructional times during 
7 the school day.
8  "Extension Limitation Ratio" means a numerical ratio 
9 in which the numerator is the Base Tax Year's Extension 
10 and the denominator is the Preceding Tax Year's Extension.
11  "Final Percent of Adequacy" is defined in paragraph 
12 (4) of subsection (f) of this Section.
13  "Final Resources" is defined in paragraph (3) of 
14 subsection (f) of this Section.
15  "Full-time equivalent" or "FTE" means the full-time 
16 equivalency compensation for staffing the relevant 
17 position at an Organizational Unit.
18  "Funding Gap" is defined in paragraph (1) of 
19 subsection (g).
20  "Hybrid District" means a partial elementary unit 
21 district created pursuant to Article 11E of this Code.
22  "Instructional assistant" means a core or special 
23 education, non-licensed employee who assists a teacher in 
24 the classroom and provides academic support to students. 
25  "Instructional facilitator" means a qualified teacher 
26 or licensed teacher leader who facilitates and coaches 
 
 
10300HB3817sam002- 290 -LRB103 30519 JDS 62533 a


1 continuous improvement in classroom instruction; provides 
2 instructional support to teachers in the elements of 
3 research-based instruction or demonstrates the alignment 
4 of instruction with curriculum standards and assessment 
5 tools; develops or coordinates instructional programs or 
6 strategies; develops and implements training; chooses 
7 standards-based instructional materials; provides 
8 teachers with an understanding of current research; serves 
9 as a mentor, site coach, curriculum specialist, or lead 
10 teacher; or otherwise works with fellow teachers, in 
11 collaboration, to use data to improve instructional 
12 practice or develop model lessons.
13  "Instructional materials" means relevant 
14 instructional materials for student instruction, 
15 including, but not limited to, textbooks, consumable 
16 workbooks, laboratory equipment, library books, and other 
17 similar materials.
18  "Laboratory School" means a public school that is 
19 created and operated by a public university and approved 
20 by the State Board.
21  "Librarian" means a teacher with an endorsement as a 
22 library information specialist or another individual whose 
23 primary responsibility is overseeing library resources 
24 within an Organizational Unit.
25  "Limiting rate for Hybrid Districts" means the 
26 combined elementary school and high school limiting rates. 
 
 
10300HB3817sam002- 291 -LRB103 30519 JDS 62533 a


1  "Local Capacity" is defined in paragraph (1) of 
2 subsection (c) of this Section.
3  "Local Capacity Percentage" is defined in subparagraph 
4 (A) of paragraph (2) of subsection (c) of this Section.
5  "Local Capacity Ratio" is defined in subparagraph (B) 
6 of paragraph (2) of subsection (c) of this Section.
7  "Local Capacity Target" is defined in paragraph (2) of 
8 subsection (c) of this Section.
9  "Low-Income Count" means, for an Organizational Unit 
10 in a fiscal year, the higher of the average number of 
11 students for the prior school year or the immediately 
12 preceding 3 school years who, as of July 1 of the 
13 immediately preceding fiscal year (as determined by the 
14 Department of Human Services), are eligible for at least 
15 one of the following low-income programs: Medicaid, the 
16 Children's Health Insurance Program, Temporary Assistance 
17 for Needy Families (TANF), or the Supplemental Nutrition 
18 Assistance Program, excluding pupils who are eligible for 
19 services provided by the Department of Children and Family 
20 Services. Until such time that grade level low-income 
21 populations become available, grade level low-income 
22 populations shall be determined by applying the low-income 
23 percentage to total student enrollments by grade level. 
24 The low-income percentage is determined by dividing the 
25 Low-Income Count by the Average Student Enrollment. The 
26 low-income percentage for programs operated by a regional 
 
 
10300HB3817sam002- 292 -LRB103 30519 JDS 62533 a


1 office of education or an intermediate service center must 
2 be set to the weighted average of the low-income 
3 percentages of all of the school districts in the service 
4 region. The weighted low-income percentage is the result 
5 of multiplying the low-income percentage of each school 
6 district served by the regional office of education or 
7 intermediate service center by each school district's 
8 Average Student Enrollment, summarizing those products and 
9 dividing the total by the total Average Student Enrollment 
10 for the service region.
11  "Maintenance and operations" means custodial services, 
12 facility and ground maintenance, facility operations, 
13 facility security, routine facility repairs, and other 
14 similar services and functions.
15  "Minimum Funding Level" is defined in paragraph (9) of 
16 subsection (g) of this Section.
17  "New Property Tax Relief Pool Funds" means, for any 
18 given fiscal year, all State funds appropriated under 
19 Section 2-3.170 of this Code. 
20  "New State Funds" means, for a given school year, all 
21 State funds appropriated for Evidence-Based Funding in 
22 excess of the amount needed to fund the Base Funding 
23 Minimum for all Organizational Units in that school year.
24  "Nurse" means an individual licensed as a certified 
25 school nurse, in accordance with the rules established for 
26 nursing services by the State Board, who is an employee of 
 
 
10300HB3817sam002- 293 -LRB103 30519 JDS 62533 a


1 and is available to provide health care-related services 
2 for students of an Organizational Unit.
3  "Operating Tax Rate" means the rate utilized in the 
4 previous year to extend property taxes for all purposes, 
5 except Bond and Interest, Summer School, Rent, Capital 
6 Improvement, and Vocational Education Building purposes. 
7 For Hybrid Districts, the Operating Tax Rate shall be the 
8 combined elementary and high school rates utilized in the 
9 previous year to extend property taxes for all purposes, 
10 except Bond and Interest, Summer School, Rent, Capital 
11 Improvement, and Vocational Education Building purposes. 
12  "Organizational Unit" means a Laboratory School or any 
13 public school district that is recognized as such by the 
14 State Board and that contains elementary schools typically 
15 serving kindergarten through 5th grades, middle schools 
16 typically serving 6th through 8th grades, high schools 
17 typically serving 9th through 12th grades, a program 
18 established under Section 2-3.66 or 2-3.41, or a program 
19 operated by a regional office of education or an 
20 intermediate service center under Article 13A or 13B. The 
21 General Assembly acknowledges that the actual grade levels 
22 served by a particular Organizational Unit may vary 
23 slightly from what is typical.
24  "Organizational Unit CWI" is determined by calculating 
25 the CWI in the region and original county in which an 
26 Organizational Unit's primary administrative office is 
 
 
10300HB3817sam002- 294 -LRB103 30519 JDS 62533 a


1 located as set forth in this paragraph, provided that if 
2 the Organizational Unit CWI as calculated in accordance 
3 with this paragraph is less than 0.9, the Organizational 
4 Unit CWI shall be increased to 0.9. Each county's current 
5 CWI value shall be adjusted based on the CWI value of that 
6 county's neighboring Illinois counties, to create a 
7 "weighted adjusted index value". This shall be calculated 
8 by summing the CWI values of all of a county's adjacent 
9 Illinois counties and dividing by the number of adjacent 
10 Illinois counties, then taking the weighted value of the 
11 original county's CWI value and the adjacent Illinois 
12 county average. To calculate this weighted value, if the 
13 number of adjacent Illinois counties is greater than 2, 
14 the original county's CWI value will be weighted at 0.25 
15 and the adjacent Illinois county average will be weighted 
16 at 0.75. If the number of adjacent Illinois counties is 2, 
17 the original county's CWI value will be weighted at 0.33 
18 and the adjacent Illinois county average will be weighted 
19 at 0.66. The greater of the county's current CWI value and 
20 its weighted adjusted index value shall be used as the 
21 Organizational Unit CWI.
22  "Preceding Tax Year" means the property tax levy year 
23 immediately preceding the Base Tax Year.
24  "Preceding Tax Year's Extension" means the product of 
25 the equalized assessed valuation utilized by the county 
26 clerk in the Preceding Tax Year multiplied by the 
 
 
10300HB3817sam002- 295 -LRB103 30519 JDS 62533 a


1 Operating Tax Rate. 
2  "Preliminary Percent of Adequacy" is defined in 
3 paragraph (2) of subsection (f) of this Section.
4  "Preliminary Resources" is defined in paragraph (2) of 
5 subsection (f) of this Section.
6  "Principal" means a school administrator duly endorsed 
7 to be employed as a principal in this State.
8  "Professional development" means training programs for 
9 licensed staff in schools, including, but not limited to, 
10 programs that assist in implementing new curriculum 
11 programs, provide data focused or academic assessment data 
12 training to help staff identify a student's weaknesses and 
13 strengths, target interventions, improve instruction, 
14 encompass instructional strategies for English learner, 
15 gifted, or at-risk students, address inclusivity, cultural 
16 sensitivity, or implicit bias, or otherwise provide 
17 professional support for licensed staff.
18  "Prototypical" means 450 special education 
19 pre-kindergarten and kindergarten through grade 5 students 
20 for an elementary school, 450 grade 6 through 8 students 
21 for a middle school, and 600 grade 9 through 12 students 
22 for a high school.
23  "PTELL" means the Property Tax Extension Limitation 
24 Law.
25  "PTELL EAV" is defined in paragraph (4) of subsection 
26 (d) of this Section.
 
 
10300HB3817sam002- 296 -LRB103 30519 JDS 62533 a


1  "Pupil support staff" means a nurse, psychologist, 
2 social worker, family liaison personnel, or other staff 
3 member who provides support to at-risk or struggling 
4 students.
5  "Real Receipts" is defined in paragraph (1) of 
6 subsection (d) of this Section.
7  "Regionalization Factor" means, for a particular 
8 Organizational Unit, the figure derived by dividing the 
9 Organizational Unit CWI by the Statewide Weighted CWI.
10  "School counselor" means a licensed school counselor 
11 who provides guidance and counseling support for students 
12 within an Organizational Unit.
13  "School site staff" means the primary school secretary 
14 and any additional clerical personnel assigned to a 
15 school.
16  "Special education" means special educational 
17 facilities and services, as defined in Section 14-1.08 of 
18 this Code.
19  "Special Education Allocation" means the amount of an 
20 Organizational Unit's final Adequacy Target attributable 
21 to special education divided by the Organizational Unit's 
22 final Adequacy Target, the product of which shall be 
23 multiplied by the amount of new funding received pursuant 
24 to this Section. An Organizational Unit's final Adequacy 
25 Target attributable to special education shall include all 
26 special education investment adequacy elements. 
 
 
10300HB3817sam002- 297 -LRB103 30519 JDS 62533 a


1  "Specialist teacher" means a teacher who provides 
2 instruction in subject areas not included in core 
3 subjects, including, but not limited to, art, music, 
4 physical education, health, driver education, 
5 career-technical education, and such other subject areas 
6 as may be mandated by State law or provided by an 
7 Organizational Unit.
8  "Specially Funded Unit" means an Alternative School, 
9 safe school, Department of Juvenile Justice school, 
10 special education cooperative or entity recognized by the 
11 State Board as a special education cooperative, 
12 State-approved charter school, or alternative learning 
13 opportunities program that received direct funding from 
14 the State Board during the 2016-2017 school year through 
15 any of the funding sources included within the calculation 
16 of the Base Funding Minimum or Glenwood Academy.
17  "Supplemental Grant Funding" means supplemental 
18 general State aid funding received by an Organizational 
19 Unit during the 2016-2017 school year pursuant to 
20 subsection (H) of Section 18-8.05 of this Code (now 
21 repealed). 
22  "State Adequacy Level" is the sum of the Adequacy 
23 Targets of all Organizational Units.
24  "State Board" means the State Board of Education.
25  "State Superintendent" means the State Superintendent 
26 of Education.
 
 
10300HB3817sam002- 298 -LRB103 30519 JDS 62533 a


1  "Statewide Weighted CWI" means a figure determined by 
2 multiplying each Organizational Unit CWI times the ASE for 
3 that Organizational Unit creating a weighted value, 
4 summing all Organizational Units' weighted values, and 
5 dividing by the total ASE of all Organizational Units, 
6 thereby creating an average weighted index.
7  "Student activities" means non-credit producing 
8 after-school programs, including, but not limited to, 
9 clubs, bands, sports, and other activities authorized by 
10 the school board of the Organizational Unit.
11  "Substitute teacher" means an individual teacher or 
12 teaching assistant who is employed by an Organizational 
13 Unit and is temporarily serving the Organizational Unit on 
14 a per diem or per period-assignment basis to replace 
15 another staff member.
16  "Summer school" means academic and enrichment programs 
17 provided to students during the summer months outside of 
18 the regular school year.
19  "Supervisory aide" means a non-licensed staff member 
20 who helps in supervising students of an Organizational 
21 Unit, but does so outside of the classroom, in situations 
22 such as, but not limited to, monitoring hallways and 
23 playgrounds, supervising lunchrooms, or supervising 
24 students when being transported in buses serving the 
25 Organizational Unit.
26  "Target Ratio" is defined in paragraph (4) of 
 
 
10300HB3817sam002- 299 -LRB103 30519 JDS 62533 a


1 subsection (g).
2  "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined 
3 in paragraph (3) of subsection (g).
4  "Tier 1 Aggregate Funding", "Tier 2 Aggregate 
5 Funding", "Tier 3 Aggregate Funding", and "Tier 4 
6 Aggregate Funding" are defined in paragraph (1) of 
7 subsection (g). 
8 (b) Adequacy Target calculation. 
9  (1) Each Organizational Unit's Adequacy Target is the 
10 sum of the Organizational Unit's cost of providing 
11 Essential Elements, as calculated in accordance with this 
12 subsection (b), with the salary amounts in the Essential 
13 Elements multiplied by a Regionalization Factor calculated 
14 pursuant to paragraph (3) of this subsection (b).
15  (2) The Essential Elements are attributable on a pro 
16 rata basis related to defined subgroups of the ASE of each 
17 Organizational Unit as specified in this paragraph (2), 
18 with investments and FTE positions pro rata funded based 
19 on ASE counts in excess of or less than the thresholds set 
20 forth in this paragraph (2). The method for calculating 
21 attributable pro rata costs and the defined subgroups 
22 thereto are as follows: 
23   (A) Core class size investments. Each 
24 Organizational Unit shall receive the funding required 
25 to support that number of FTE core teacher positions 
26 as is needed to keep the respective class sizes of the 
 
 
10300HB3817sam002- 300 -LRB103 30519 JDS 62533 a


1 Organizational Unit to the following maximum numbers:
2    (i) For grades kindergarten through 3, the 
3 Organizational Unit shall receive funding required 
4 to support one FTE core teacher position for every 
5 15 Low-Income Count students in those grades and 
6 one FTE core teacher position for every 20 
7 non-Low-Income Count students in those grades.
8    (ii) For grades 4 through 12, the 
9 Organizational Unit shall receive funding required 
10 to support one FTE core teacher position for every 
11 20 Low-Income Count students in those grades and 
12 one FTE core teacher position for every 25 
13 non-Low-Income Count students in those grades.
14   The number of non-Low-Income Count students in a 
15 grade shall be determined by subtracting the 
16 Low-Income students in that grade from the ASE of the 
17 Organizational Unit for that grade.
18   (B) Specialist teacher investments. Each 
19 Organizational Unit shall receive the funding needed 
20 to cover that number of FTE specialist teacher 
21 positions that correspond to the following 
22 percentages: 
23    (i) if the Organizational Unit operates an 
24 elementary or middle school, then 20.00% of the 
25 number of the Organizational Unit's core teachers, 
26 as determined under subparagraph (A) of this 
 
 
10300HB3817sam002- 301 -LRB103 30519 JDS 62533 a


1 paragraph (2); and
2    (ii) if such Organizational Unit operates a 
3 high school, then 33.33% of the number of the 
4 Organizational Unit's core teachers. 
5   (C) Instructional facilitator investments. Each 
6 Organizational Unit shall receive the funding needed 
7 to cover one FTE instructional facilitator position 
8 for every 200 combined ASE of pre-kindergarten 
9 children with disabilities and all kindergarten 
10 through grade 12 students of the Organizational Unit.
11   (D) Core intervention teacher (tutor) investments. 
12 Each Organizational Unit shall receive the funding 
13 needed to cover one FTE teacher position for each 
14 prototypical elementary, middle, and high school.
15   (E) Substitute teacher investments. Each 
16 Organizational Unit shall receive the funding needed 
17 to cover substitute teacher costs that is equal to 
18 5.70% of the minimum pupil attendance days required 
19 under Section 10-19 of this Code for all full-time 
20 equivalent core, specialist, and intervention 
21 teachers, school nurses, special education teachers 
22 and instructional assistants, instructional 
23 facilitators, and summer school and extended day 
24 teacher positions, as determined under this paragraph 
25 (2), at a salary rate of 33.33% of the average salary 
26 for grade K through 12 teachers and 33.33% of the 
 
 
10300HB3817sam002- 302 -LRB103 30519 JDS 62533 a


1 average salary of each instructional assistant 
2 position.
3   (F) Core school counselor investments. Each 
4 Organizational Unit shall receive the funding needed 
5 to cover one FTE school counselor for each 450 
6 combined ASE of pre-kindergarten children with 
7 disabilities and all kindergarten through grade 5 
8 students, plus one FTE school counselor for each 250 
9 grades 6 through 8 ASE middle school students, plus 
10 one FTE school counselor for each 250 grades 9 through 
11 12 ASE high school students.
12   (G) Nurse investments. Each Organizational Unit 
13 shall receive the funding needed to cover one FTE 
14 nurse for each 750 combined ASE of pre-kindergarten 
15 children with disabilities and all kindergarten 
16 through grade 12 students across all grade levels it 
17 serves.
18   (H) Supervisory aide investments. Each 
19 Organizational Unit shall receive the funding needed 
20 to cover one FTE for each 225 combined ASE of 
21 pre-kindergarten children with disabilities and all 
22 kindergarten through grade 5 students, plus one FTE 
23 for each 225 ASE middle school students, plus one FTE 
24 for each 200 ASE high school students.
25   (I) Librarian investments. Each Organizational 
26 Unit shall receive the funding needed to cover one FTE 
 
 
10300HB3817sam002- 303 -LRB103 30519 JDS 62533 a


1 librarian for each prototypical elementary school, 
2 middle school, and high school and one FTE aide or 
3 media technician for every 300 combined ASE of 
4 pre-kindergarten children with disabilities and all 
5 kindergarten through grade 12 students.
6   (J) Principal investments. Each Organizational 
7 Unit shall receive the funding needed to cover one FTE 
8 principal position for each prototypical elementary 
9 school, plus one FTE principal position for each 
10 prototypical middle school, plus one FTE principal 
11 position for each prototypical high school.
12   (K) Assistant principal investments. Each 
13 Organizational Unit shall receive the funding needed 
14 to cover one FTE assistant principal position for each 
15 prototypical elementary school, plus one FTE assistant 
16 principal position for each prototypical middle 
17 school, plus one FTE assistant principal position for 
18 each prototypical high school.
19   (L) School site staff investments. Each 
20 Organizational Unit shall receive the funding needed 
21 for one FTE position for each 225 ASE of 
22 pre-kindergarten children with disabilities and all 
23 kindergarten through grade 5 students, plus one FTE 
24 position for each 225 ASE middle school students, plus 
25 one FTE position for each 200 ASE high school 
26 students.
 
 
10300HB3817sam002- 304 -LRB103 30519 JDS 62533 a


1   (M) Gifted investments. Each Organizational Unit 
2 shall receive $40 per kindergarten through grade 12 
3 ASE.
4   (N) Professional development investments. Each 
5 Organizational Unit shall receive $125 per student of 
6 the combined ASE of pre-kindergarten children with 
7 disabilities and all kindergarten through grade 12 
8 students for trainers and other professional 
9 development-related expenses for supplies and 
10 materials.
11   (O) Instructional material investments. Each 
12 Organizational Unit shall receive $190 per student of 
13 the combined ASE of pre-kindergarten children with 
14 disabilities and all kindergarten through grade 12 
15 students to cover instructional material costs.
16   (P) Assessment investments. Each Organizational 
17 Unit shall receive $25 per student of the combined ASE 
18 of pre-kindergarten children with disabilities and all 
19 kindergarten through grade 12 students to cover 
20 assessment costs.
21   (Q) Computer technology and equipment investments. 
22 Each Organizational Unit shall receive $285.50 per 
23 student of the combined ASE of pre-kindergarten 
24 children with disabilities and all kindergarten 
25 through grade 12 students to cover computer technology 
26 and equipment costs. For the 2018-2019 school year and 
 
 
10300HB3817sam002- 305 -LRB103 30519 JDS 62533 a


1 subsequent school years, Organizational Units assigned 
2 to Tier 1 and Tier 2 in the prior school year shall 
3 receive an additional $285.50 per student of the 
4 combined ASE of pre-kindergarten children with 
5 disabilities and all kindergarten through grade 12 
6 students to cover computer technology and equipment 
7 costs in the Organizational Unit's Adequacy Target. 
8 The State Board may establish additional requirements 
9 for Organizational Unit expenditures of funds received 
10 pursuant to this subparagraph (Q), including a 
11 requirement that funds received pursuant to this 
12 subparagraph (Q) may be used only for serving the 
13 technology needs of the district. It is the intent of 
14 Public Act 100-465 that all Tier 1 and Tier 2 districts 
15 receive the addition to their Adequacy Target in the 
16 following year, subject to compliance with the 
17 requirements of the State Board.
18   (R) Student activities investments. Each 
19 Organizational Unit shall receive the following 
20 funding amounts to cover student activities: $100 per 
21 kindergarten through grade 5 ASE student in elementary 
22 school, plus $200 per ASE student in middle school, 
23 plus $675 per ASE student in high school.
24   (S) Maintenance and operations investments. Each 
25 Organizational Unit shall receive $1,038 per student 
26 of the combined ASE of pre-kindergarten children with 
 
 
10300HB3817sam002- 306 -LRB103 30519 JDS 62533 a


1 disabilities and all kindergarten through grade 12 
2 students for day-to-day maintenance and operations 
3 expenditures, including salary, supplies, and 
4 materials, as well as purchased services, but 
5 excluding employee benefits. The proportion of salary 
6 for the application of a Regionalization Factor and 
7 the calculation of benefits is equal to $352.92.
8   (T) Central office investments. Each 
9 Organizational Unit shall receive $742 per student of 
10 the combined ASE of pre-kindergarten children with 
11 disabilities and all kindergarten through grade 12 
12 students to cover central office operations, including 
13 administrators and classified personnel charged with 
14 managing the instructional programs, business and 
15 operations of the school district, and security 
16 personnel. The proportion of salary for the 
17 application of a Regionalization Factor and the 
18 calculation of benefits is equal to $368.48.
19   (U) Employee benefit investments. Each 
20 Organizational Unit shall receive 30% of the total of 
21 all salary-calculated elements of the Adequacy Target, 
22 excluding substitute teachers and student activities 
23 investments, to cover benefit costs. For central 
24 office and maintenance and operations investments, the 
25 benefit calculation shall be based upon the salary 
26 proportion of each investment. If at any time the 
 
 
10300HB3817sam002- 307 -LRB103 30519 JDS 62533 a


1 responsibility for funding the employer normal cost of 
2 teacher pensions is assigned to school districts, then 
3 that amount certified by the Teachers' Retirement 
4 System of the State of Illinois to be paid by the 
5 Organizational Unit for the preceding school year 
6 shall be added to the benefit investment. For any 
7 fiscal year in which a school district organized under 
8 Article 34 of this Code is responsible for paying the 
9 employer normal cost of teacher pensions, then that 
10 amount of its employer normal cost plus the amount for 
11 retiree health insurance as certified by the Public 
12 School Teachers' Pension and Retirement Fund of 
13 Chicago to be paid by the school district for the 
14 preceding school year that is statutorily required to 
15 cover employer normal costs and the amount for retiree 
16 health insurance shall be added to the 30% specified 
17 in this subparagraph (U). The Teachers' Retirement 
18 System of the State of Illinois and the Public School 
19 Teachers' Pension and Retirement Fund of Chicago shall 
20 submit such information as the State Superintendent 
21 may require for the calculations set forth in this 
22 subparagraph (U). 
23   (V) Additional investments in low-income students. 
24 In addition to and not in lieu of all other funding 
25 under this paragraph (2), each Organizational Unit 
26 shall receive funding based on the average teacher 
 
 
10300HB3817sam002- 308 -LRB103 30519 JDS 62533 a


1 salary for grades K through 12 to cover the costs of:
2    (i) one FTE intervention teacher (tutor) 
3 position for every 125 Low-Income Count students;
4    (ii) one FTE pupil support staff position for 
5 every 125 Low-Income Count students;
6    (iii) one FTE extended day teacher position 
7 for every 120 Low-Income Count students; and
8    (iv) one FTE summer school teacher position 
9 for every 120 Low-Income Count students.
10   (W) Additional investments in English learner 
11 students. In addition to and not in lieu of all other 
12 funding under this paragraph (2), each Organizational 
13 Unit shall receive funding based on the average 
14 teacher salary for grades K through 12 to cover the 
15 costs of: 
16    (i) one FTE intervention teacher (tutor) 
17 position for every 125 English learner students;
18    (ii) one FTE pupil support staff position for 
19 every 125 English learner students;
20    (iii) one FTE extended day teacher position 
21 for every 120 English learner students;
22    (iv) one FTE summer school teacher position 
23 for every 120 English learner students; and
24    (v) one FTE core teacher position for every 
25 100 English learner students. 
26   (X) Special education investments. Each 
 
 
10300HB3817sam002- 309 -LRB103 30519 JDS 62533 a


1 Organizational Unit shall receive funding based on the 
2 average teacher salary for grades K through 12 to 
3 cover special education as follows: 
4    (i) one FTE teacher position for every 141 
5 combined ASE of pre-kindergarten children with 
6 disabilities and all kindergarten through grade 12 
7 students;
8    (ii) one FTE instructional assistant for every 
9 141 combined ASE of pre-kindergarten children with 
10 disabilities and all kindergarten through grade 12 
11 students; and
12    (iii) one FTE psychologist position for every 
13 1,000 combined ASE of pre-kindergarten children 
14 with disabilities and all kindergarten through 
15 grade 12 students. 
16  (3) For calculating the salaries included within the 
17 Essential Elements, the State Superintendent shall 
18 annually calculate average salaries to the nearest dollar 
19 using the employment information system data maintained by 
20 the State Board, limited to public schools only and 
21 excluding special education and vocational cooperatives, 
22 schools operated by the Department of Juvenile Justice, 
23 and charter schools, for the following positions: 
24   (A) Teacher for grades K through 8.
25   (B) Teacher for grades 9 through 12.
26   (C) Teacher for grades K through 12.
 
 
10300HB3817sam002- 310 -LRB103 30519 JDS 62533 a


1   (D) School counselor for grades K through 8.
2   (E) School counselor for grades 9 through 12.
3   (F) School counselor for grades K through 12.
4   (G) Social worker.
5   (H) Psychologist.
6   (I) Librarian.
7   (J) Nurse.
8   (K) Principal.
9   (L) Assistant principal. 
10  For the purposes of this paragraph (3), "teacher" 
11 includes core teachers, specialist and elective teachers, 
12 instructional facilitators, tutors, special education 
13 teachers, pupil support staff teachers, English learner 
14 teachers, extended day teachers, and summer school 
15 teachers. Where specific grade data is not required for 
16 the Essential Elements, the average salary for 
17 corresponding positions shall apply. For substitute 
18 teachers, the average teacher salary for grades K through 
19 12 shall apply. 
20  For calculating the salaries included within the 
21 Essential Elements for positions not included within EIS 
22 Data, the following salaries shall be used in the first 
23 year of implementation of Evidence-Based Funding: 
24   (i) school site staff, $30,000; and
25   (ii) non-instructional assistant, instructional 
26 assistant, library aide, library media tech, or 
 
 
10300HB3817sam002- 311 -LRB103 30519 JDS 62533 a


1 supervisory aide: $25,000. 
2  In the second and subsequent years of implementation 
3 of Evidence-Based Funding, the amounts in items (i) and 
4 (ii) of this paragraph (3) shall annually increase by the 
5 ECI. 
6  The salary amounts for the Essential Elements 
7 determined pursuant to subparagraphs (A) through (L), (S) 
8 and (T), and (V) through (X) of paragraph (2) of 
9 subsection (b) of this Section shall be multiplied by a 
10 Regionalization Factor. 
11 (c) Local Capacity calculation. 
12  (1) Each Organizational Unit's Local Capacity 
13 represents an amount of funding it is assumed to 
14 contribute toward its Adequacy Target for purposes of the 
15 Evidence-Based Funding formula calculation. "Local 
16 Capacity" means either (i) the Organizational Unit's Local 
17 Capacity Target as calculated in accordance with paragraph 
18 (2) of this subsection (c) if its Real Receipts are equal 
19 to or less than its Local Capacity Target or (ii) the 
20 Organizational Unit's Adjusted Local Capacity, as 
21 calculated in accordance with paragraph (3) of this 
22 subsection (c) if Real Receipts are more than its Local 
23 Capacity Target.
24  (2) "Local Capacity Target" means, for an 
25 Organizational Unit, that dollar amount that is obtained 
26 by multiplying its Adequacy Target by its Local Capacity 
 
 
10300HB3817sam002- 312 -LRB103 30519 JDS 62533 a


1 Ratio. 
2   (A) An Organizational Unit's Local Capacity 
3 Percentage is the conversion of the Organizational 
4 Unit's Local Capacity Ratio, as such ratio is 
5 determined in accordance with subparagraph (B) of this 
6 paragraph (2), into a cumulative distribution 
7 resulting in a percentile ranking to determine each 
8 Organizational Unit's relative position to all other 
9 Organizational Units in this State. The calculation of 
10 Local Capacity Percentage is described in subparagraph 
11 (C) of this paragraph (2).
12   (B) An Organizational Unit's Local Capacity Ratio 
13 in a given year is the percentage obtained by dividing 
14 its Adjusted EAV or PTELL EAV, whichever is less, by 
15 its Adequacy Target, with the resulting ratio further 
16 adjusted as follows: 
17    (i) for Organizational Units serving grades 
18 kindergarten through 12 and Hybrid Districts, no 
19 further adjustments shall be made;
20    (ii) for Organizational Units serving grades 
21 kindergarten through 8, the ratio shall be 
22 multiplied by 9/13;
23    (iii) for Organizational Units serving grades 
24 9 through 12, the Local Capacity Ratio shall be 
25 multiplied by 4/13; and
26    (iv) for an Organizational Unit with a 
 
 
10300HB3817sam002- 313 -LRB103 30519 JDS 62533 a


1 different grade configuration than those specified 
2 in items (i) through (iii) of this subparagraph 
3 (B), the State Superintendent shall determine a 
4 comparable adjustment based on the grades served. 
5   (C) The Local Capacity Percentage is equal to the 
6 percentile ranking of the district. Local Capacity 
7 Percentage converts each Organizational Unit's Local 
8 Capacity Ratio to a cumulative distribution resulting 
9 in a percentile ranking to determine each 
10 Organizational Unit's relative position to all other 
11 Organizational Units in this State. The Local Capacity 
12 Percentage cumulative distribution resulting in a 
13 percentile ranking for each Organizational Unit shall 
14 be calculated using the standard normal distribution 
15 of the score in relation to the weighted mean and 
16 weighted standard deviation and Local Capacity Ratios 
17 of all Organizational Units. If the value assigned to 
18 any Organizational Unit is in excess of 90%, the value 
19 shall be adjusted to 90%. For Laboratory Schools, the 
20 Local Capacity Percentage shall be set at 10% in

21 recognition of the absence of EAV and resources from 
22 the public university that are allocated to
the 
23 Laboratory School. For programs operated by a regional 
24 office of education or an intermediate service center, 
25 the Local Capacity Percentage must be set at 10% in 
26 recognition of the absence of EAV and resources from 
 
 
10300HB3817sam002- 314 -LRB103 30519 JDS 62533 a


1 school districts that are allocated to the regional 
2 office of education or intermediate service center. 
3 The weighted mean for the Local Capacity Percentage 
4 shall be determined by multiplying each Organizational 
5 Unit's Local Capacity Ratio times the ASE for the unit 
6 creating a weighted value, summing the weighted values 
7 of all Organizational Units, and dividing by the total 
8 ASE of all Organizational Units. The weighted standard 
9 deviation shall be determined by taking the square 
10 root of the weighted variance of all Organizational 
11 Units' Local Capacity Ratio, where the variance is 
12 calculated by squaring the difference between each 
13 unit's Local Capacity Ratio and the weighted mean, 
14 then multiplying the variance for each unit times the 
15 ASE for the unit to create a weighted variance for each 
16 unit, then summing all units' weighted variance and 
17 dividing by the total ASE of all units.
18   (D) For any Organizational Unit, the 
19 Organizational Unit's Adjusted Local Capacity Target 
20 shall be reduced by either (i) the school board's 
21 remaining contribution pursuant to paragraph (ii) of 
22 subsection (b-4) of Section 16-158 of the Illinois 
23 Pension Code in a given year or (ii) the board of 
24 education's remaining contribution pursuant to 
25 paragraph (iv) of subsection (b) of Section 17-129 of 
26 the Illinois Pension Code absent the employer normal 
 
 
10300HB3817sam002- 315 -LRB103 30519 JDS 62533 a


1 cost portion of the required contribution and amount 
2 allowed pursuant to subdivision (3) of Section 
3 17-142.1 of the Illinois Pension Code in a given year. 
4 In the preceding sentence, item (i) shall be certified 
5 to the State Board of Education by the Teachers' 
6 Retirement System of the State of Illinois and item 
7 (ii) shall be certified to the State Board of 
8 Education by the Public School Teachers' Pension and 
9 Retirement Fund of the City of Chicago. 
10  (3) If an Organizational Unit's Real Receipts are more 
11 than its Local Capacity Target, then its Local Capacity 
12 shall equal an Adjusted Local Capacity Target as 
13 calculated in accordance with this paragraph (3). The 
14 Adjusted Local Capacity Target is calculated as the sum of 
15 the Organizational Unit's Local Capacity Target and its 
16 Real Receipts Adjustment. The Real Receipts Adjustment 
17 equals the Organizational Unit's Real Receipts less its 
18 Local Capacity Target, with the resulting figure 
19 multiplied by the Local Capacity Percentage.
20  As used in this paragraph (3), "Real Percent of 
21 Adequacy" means the sum of an Organizational Unit's Real 
22 Receipts, CPPRT, and Base Funding Minimum, with the 
23 resulting figure divided by the Organizational Unit's 
24 Adequacy Target. 
25 (d) Calculation of Real Receipts, EAV, and Adjusted EAV 
26for purposes of the Local Capacity calculation. 
 
 
10300HB3817sam002- 316 -LRB103 30519 JDS 62533 a


1  (1) An Organizational Unit's Real Receipts are the 
2 product of its Applicable Tax Rate and its Adjusted EAV. 
3 An Organizational Unit's Applicable Tax Rate is its 
4 Adjusted Operating Tax Rate for property within the 
5 Organizational Unit.
6  (2) The State Superintendent shall calculate the 
7 equalized assessed valuation, or EAV, of all taxable 
8 property of each Organizational Unit as of September 30 of 
9 the previous year in accordance with paragraph (3) of this 
10 subsection (d). The State Superintendent shall then 
11 determine the Adjusted EAV of each Organizational Unit in 
12 accordance with paragraph (4) of this subsection (d), 
13 which Adjusted EAV figure shall be used for the purposes 
14 of calculating Local Capacity.
15  (3) To calculate Real Receipts and EAV, the Department 
16 of Revenue shall supply to the State Superintendent the 
17 value as equalized or assessed by the Department of 
18 Revenue of all taxable property of every Organizational 
19 Unit, together with (i) the applicable tax rate used in 
20 extending taxes for the funds of the Organizational Unit 
21 as of September 30 of the previous year and (ii) the 
22 limiting rate for all Organizational Units subject to 
23 property tax extension limitations as imposed under PTELL. 
24   (A) The Department of Revenue shall add to the 
25 equalized assessed value of all taxable property of 
26 each Organizational Unit situated entirely or 
 
 
10300HB3817sam002- 317 -LRB103 30519 JDS 62533 a


1 partially within a county that is or was subject to the 
2 provisions of Section 15-176 or 15-177 of the Property 
3 Tax Code (i) an amount equal to the total amount by 
4 which the homestead exemption allowed under Section 
5 15-176 or 15-177 of the Property Tax Code for real 
6 property situated in that Organizational Unit exceeds 
7 the total amount that would have been allowed in that 
8 Organizational Unit if the maximum reduction under 
9 Section 15-176 was (I) $4,500 in Cook County or $3,500 
10 in all other counties in tax year 2003 or (II) $5,000 
11 in all counties in tax year 2004 and thereafter and 
12 (ii) an amount equal to the aggregate amount for the 
13 taxable year of all additional exemptions under 
14 Section 15-175 of the Property Tax Code for owners 
15 with a household income of $30,000 or less. The county 
16 clerk of any county that is or was subject to the 
17 provisions of Section 15-176 or 15-177 of the Property 
18 Tax Code shall annually calculate and certify to the 
19 Department of Revenue for each Organizational Unit all 
20 homestead exemption amounts under Section 15-176 or 
21 15-177 of the Property Tax Code and all amounts of 
22 additional exemptions under Section 15-175 of the 
23 Property Tax Code for owners with a household income 
24 of $30,000 or less. It is the intent of this 
25 subparagraph (A) that if the general homestead 
26 exemption for a parcel of property is determined under 
 
 
10300HB3817sam002- 318 -LRB103 30519 JDS 62533 a


1 Section 15-176 or 15-177 of the Property Tax Code 
2 rather than Section 15-175, then the calculation of 
3 EAV shall not be affected by the difference, if any, 
4 between the amount of the general homestead exemption 
5 allowed for that parcel of property under Section 
6 15-176 or 15-177 of the Property Tax Code and the 
7 amount that would have been allowed had the general 
8 homestead exemption for that parcel of property been 
9 determined under Section 15-175 of the Property Tax 
10 Code. It is further the intent of this subparagraph 
11 (A) that if additional exemptions are allowed under 
12 Section 15-175 of the Property Tax Code for owners 
13 with a household income of less than $30,000, then the 
14 calculation of EAV shall not be affected by the 
15 difference, if any, because of those additional 
16 exemptions.
17   (B) With respect to any part of an Organizational 
18 Unit within a redevelopment project area in respect to 
19 which a municipality has adopted tax increment 
20 allocation financing pursuant to the Tax Increment 
21 Allocation Redevelopment Act, Division 74.4 of Article 
22 11 of the Illinois Municipal Code, or the Industrial 
23 Jobs Recovery Law, Division 74.6 of Article 11 of the 
24 Illinois Municipal Code, no part of the current EAV of 
25 real property located in any such project area that is 
26 attributable to an increase above the total initial 
 
 
10300HB3817sam002- 319 -LRB103 30519 JDS 62533 a


1 EAV of such property shall be used as part of the EAV 
2 of the Organizational Unit, until such time as all 
3 redevelopment project costs have been paid, as 
4 provided in Section 11-74.4-8 of the Tax Increment 
5 Allocation Redevelopment Act or in Section 11-74.6-35 
6 of the Industrial Jobs Recovery Law. For the purpose 
7 of the EAV of the Organizational Unit, the total 
8 initial EAV or the current EAV, whichever is lower, 
9 shall be used until such time as all redevelopment 
10 project costs have been paid.
11   (B-5) The real property equalized assessed 
12 valuation for a school district shall be adjusted by 
13 subtracting from the real property value, as equalized 
14 or assessed by the Department of Revenue, for the 
15 district an amount computed by dividing the amount of 
16 any abatement of taxes under Section 18-170 of the 
17 Property Tax Code by 3.00% for a district maintaining 
18 grades kindergarten through 12, by 2.30% for a 
19 district maintaining grades kindergarten through 8, or 
20 by 1.05% for a district maintaining grades 9 through 
21 12 and adjusted by an amount computed by dividing the 
22 amount of any abatement of taxes under subsection (a) 
23 of Section 18-165 of the Property Tax Code by the same 
24 percentage rates for district type as specified in 
25 this subparagraph (B-5). 
26   (C) For Organizational Units that are Hybrid 
 
 
10300HB3817sam002- 320 -LRB103 30519 JDS 62533 a


1 Districts, the State Superintendent shall use the 
2 lesser of the adjusted equalized assessed valuation 
3 for property within the partial elementary unit 
4 district for elementary purposes, as defined in 
5 Article 11E of this Code, or the adjusted equalized 
6 assessed valuation for property within the partial 
7 elementary unit district for high school purposes, as 
8 defined in Article 11E of this Code. 
9   (D) If a school district's boundaries span 
10 multiple counties, then the Department of Revenue 
11 shall send to the State Board, for the purposes of 
12 calculating Evidence-Based Funding, the limiting rate 
13 and individual rates by purpose for the county that 
14 contains the majority of the school district's 
15 equalized assessed valuation. 
16  (4) An Organizational Unit's Adjusted EAV shall be the 
17 average of its EAV over the immediately preceding 3 years 
18 or the lesser of its EAV in the immediately preceding year 
19 or the average of its EAV over the immediately preceding 3 
20 years if the EAV in the immediately preceding year has 
21 declined by 10% or more when comparing the 2 most recent 
22 years. In the event of Organizational Unit reorganization, 
23 consolidation, or annexation, the Organizational Unit's 
24 Adjusted EAV for the first 3 years after such change shall 
25 be as follows: the most current EAV shall be used in the 
26 first year, the average of a 2-year EAV or its EAV in the 
 
 
10300HB3817sam002- 321 -LRB103 30519 JDS 62533 a


1 immediately preceding year if the EAV declines by 10% or 
2 more when comparing the 2 most recent years for the second 
3 year, and the lesser of a 3-year average EAV or its EAV in 
4 the immediately preceding year if the Adjusted EAV 
5 declines by 10% or more when comparing the 2 most recent 
6 years for the third year. For any school district whose 
7 EAV in the immediately preceding year is used in 
8 calculations, in the following year, the Adjusted EAV 
9 shall be the average of its EAV over the immediately 
10 preceding 2 years or the immediately preceding year if 
11 that year represents a decline of 10% or more when 
12 comparing the 2 most recent years. 
13  "PTELL EAV" means a figure calculated by the State 
14 Board for Organizational Units subject to PTELL as 
15 described in this paragraph (4) for the purposes of 
16 calculating an Organizational Unit's Local Capacity Ratio. 
17 Except as otherwise provided in this paragraph (4), the 
18 PTELL EAV of an Organizational Unit shall be equal to the 
19 product of the equalized assessed valuation last used in 
20 the calculation of general State aid under Section 18-8.05 
21 of this Code (now repealed) or Evidence-Based Funding 
22 under this Section and the Organizational Unit's Extension 
23 Limitation Ratio. If an Organizational Unit has approved 
24 or does approve an increase in its limiting rate, pursuant 
25 to Section 18-190 of the Property Tax Code, affecting the 
26 Base Tax Year, the PTELL EAV shall be equal to the product 
 
 
10300HB3817sam002- 322 -LRB103 30519 JDS 62533 a


1 of the equalized assessed valuation last used in the 
2 calculation of general State aid under Section 18-8.05 of 
3 this Code (now repealed) or Evidence-Based Funding under 
4 this Section multiplied by an amount equal to one plus the 
5 percentage increase, if any, in the Consumer Price Index 
6 for All Urban Consumers for all items published by the 
7 United States Department of Labor for the 12-month 
8 calendar year preceding the Base Tax Year, plus the 
9 equalized assessed valuation of new property, annexed 
10 property, and recovered tax increment value and minus the 
11 equalized assessed valuation of disconnected property.
12  As used in this paragraph (4), "new property" and 
13 "recovered tax increment value" shall have the meanings 
14 set forth in the Property Tax Extension Limitation Law.
15 (e) Base Funding Minimum calculation. 
16  (1) For the 2017-2018 school year, the Base Funding 
17 Minimum of an Organizational Unit or a Specially Funded 
18 Unit shall be the amount of State funds distributed to the 
19 Organizational Unit or Specially Funded Unit during the 
20 2016-2017 school year prior to any adjustments and 
21 specified appropriation amounts described in this 
22 paragraph (1) from the following Sections, as calculated 
23 by the State Superintendent: Section 18-8.05 of this Code 
24 (now repealed); Section 5 of Article 224 of Public Act 
25 99-524 (equity grants); Section 14-7.02b of this Code 
26 (funding for children requiring special education 
 
 
10300HB3817sam002- 323 -LRB103 30519 JDS 62533 a


1 services); Section 14-13.01 of this Code (special 
2 education facilities and staffing), except for 
3 reimbursement of the cost of transportation pursuant to 
4 Section 14-13.01; Section 14C-12 of this Code (English 
5 learners); and Section 18-4.3 of this Code (summer 
6 school), based on an appropriation level of $13,121,600. 
7 For a school district organized under Article 34 of this 
8 Code, the Base Funding Minimum also includes (i) the funds 
9 allocated to the school district pursuant to Section 1D-1 
10 of this Code attributable to funding programs authorized 
11 by the Sections of this Code listed in the preceding 
12 sentence and (ii) the difference between (I) the funds 
13 allocated to the school district pursuant to Section 1D-1 
14 of this Code attributable to the funding programs 
15 authorized by Section 14-7.02 (non-public special 
16 education reimbursement), subsection (b) of Section 
17 14-13.01 (special education transportation), Section 29-5 
18 (transportation), Section 2-3.80 (agricultural 
19 education), Section 2-3.66 (truants' alternative 
20 education), Section 2-3.62 (educational service centers), 
21 and Section 14-7.03 (special education - orphanage) of 
22 this Code and Section 15 of the Childhood Hunger Relief 
23 Act (free breakfast program) and (II) the school 
24 district's actual expenditures for its non-public special 
25 education, special education transportation, 
26 transportation programs, agricultural education, truants' 
 
 
10300HB3817sam002- 324 -LRB103 30519 JDS 62533 a


1 alternative education, services that would otherwise be 
2 performed by a regional office of education, special 
3 education orphanage expenditures, and free breakfast, as 
4 most recently calculated and reported pursuant to 
5 subsection (f) of Section 1D-1 of this Code. The Base 
6 Funding Minimum for Glenwood Academy shall be $952,014 
7 $625,500. For programs operated by a regional office of 
8 education or an intermediate service center, the Base 
9 Funding Minimum must be the total amount of State funds 
10 allocated to those programs in the 2018-2019 school year 
11 and amounts provided pursuant to Article 34 of Public Act 
12 100-586 and Section 3-16 of this Code. All programs 
13 established after June 5, 2019 (the effective date of 
14 Public Act 101-10) and administered by a regional office 
15 of education or an intermediate service center must have 
16 an initial Base Funding Minimum set to an amount equal to 
17 the first-year ASE multiplied by the amount of per pupil 
18 funding received in the previous school year by the lowest 
19 funded similar existing program type. If the enrollment 
20 for a program operated by a regional office of education 
21 or an intermediate service center is zero, then it may not 
22 receive Base Funding Minimum funds for that program in the 
23 next fiscal year, and those funds must be distributed to 
24 Organizational Units under subsection (g).
25  (2) For the 2018-2019 and subsequent school years, the 
26 Base Funding Minimum of Organizational Units and Specially 
 
 
10300HB3817sam002- 325 -LRB103 30519 JDS 62533 a


1 Funded Units shall be the sum of (i) the amount of 
2 Evidence-Based Funding for the prior school year, (ii) the 
3 Base Funding Minimum for the prior school year, and (iii) 
4 any amount received by a school district pursuant to 
5 Section 7 of Article 97 of Public Act 100-21. 
6  For the 2022-2023 school year, the Base Funding 
7 Minimum of Organizational Units shall be the amounts 
8 recalculated by the State Board of Education for Fiscal 
9 Year 2019 through Fiscal Year 2022 that were necessary due 
10 to average student enrollment errors for districts 
11 organized under Article 34 of this Code, plus the Fiscal 
12 Year 2022 property tax relief grants provided under 
13 Section 2-3.170 of this Code, ensuring each Organizational 
14 Unit has the correct amount of resources for Fiscal Year 
15 2023 Evidence-Based Funding calculations and that Fiscal 
16 Year 2023 Evidence-Based Funding Distributions are made in 
17 accordance with this Section. 
18  (3) Subject to approval by the General Assembly as 
19 provided in this paragraph (3), an Organizational Unit 
20 that meets all of the following criteria, as determined by 
21 the State Board, shall have District Intervention Money 
22 added to its Base Funding Minimum at the time the Base 
23 Funding Minimum is calculated by the State Board: 
24   (A) The Organizational Unit is operating under an 
25 Independent Authority under Section 2-3.25f-5 of this 
26 Code for a minimum of 4 school years or is subject to 
 
 
10300HB3817sam002- 326 -LRB103 30519 JDS 62533 a


1 the control of the State Board pursuant to a court 
2 order for a minimum of 4 school years.
3   (B) The Organizational Unit was designated as a 
4 Tier 1 or Tier 2 Organizational Unit in the previous 
5 school year under paragraph (3) of subsection (g) of 
6 this Section.
7   (C) The Organizational Unit demonstrates 
8 sustainability through a 5-year financial and 
9 strategic plan.
10   (D) The Organizational Unit has made sufficient 
11 progress and achieved sufficient stability in the 
12 areas of governance, academic growth, and finances. 
13  As part of its determination under this paragraph (3), 
14 the State Board may consider the Organizational Unit's 
15 summative designation, any accreditations of the 
16 Organizational Unit, or the Organizational Unit's 
17 financial profile, as calculated by the State Board.
18  If the State Board determines that an Organizational 
19 Unit has met the criteria set forth in this paragraph (3), 
20 it must submit a report to the General Assembly, no later 
21 than January 2 of the fiscal year in which the State Board 
22 makes it determination, on the amount of District 
23 Intervention Money to add to the Organizational Unit's 
24 Base Funding Minimum. The General Assembly must review the 
25 State Board's report and may approve or disapprove, by 
26 joint resolution, the addition of District Intervention 
 
 
10300HB3817sam002- 327 -LRB103 30519 JDS 62533 a


1 Money. If the General Assembly fails to act on the report 
2 within 40 calendar days from the receipt of the report, 
3 the addition of District Intervention Money is deemed 
4 approved. If the General Assembly approves the amount of 
5 District Intervention Money to be added to the 
6 Organizational Unit's Base Funding Minimum, the District 
7 Intervention Money must be added to the Base Funding 
8 Minimum annually thereafter.
9  For the first 4 years following the initial year that 
10 the State Board determines that an Organizational Unit has 
11 met the criteria set forth in this paragraph (3) and has 
12 received funding under this Section, the Organizational 
13 Unit must annually submit to the State Board, on or before 
14 November 30, a progress report regarding its financial and 
15 strategic plan under subparagraph (C) of this paragraph 
16 (3). The plan shall include the financial data from the 
17 past 4 annual financial reports or financial audits that 
18 must be presented to the State Board by November 15 of each 
19 year and the approved budget financial data for the 
20 current year. The plan shall be developed according to the 
21 guidelines presented to the Organizational Unit by the 
22 State Board. The plan shall further include financial 
23 projections for the next 3 fiscal years and include a 
24 discussion and financial summary of the Organizational 
25 Unit's facility needs. If the Organizational Unit does not 
26 demonstrate sufficient progress toward its 5-year plan or 
 
 
10300HB3817sam002- 328 -LRB103 30519 JDS 62533 a


1 if it has failed to file an annual financial report, an 
2 annual budget, a financial plan, a deficit reduction plan, 
3 or other financial information as required by law, the 
4 State Board may establish a Financial Oversight Panel 
5 under Article 1H of this Code. However, if the 
6 Organizational Unit already has a Financial Oversight 
7 Panel, the State Board may extend the duration of the 
8 Panel. 
9 (f) Percent of Adequacy and Final Resources calculation. 
10  (1) The Evidence-Based Funding formula establishes a 
11 Percent of Adequacy for each Organizational Unit in order 
12 to place such units into tiers for the purposes of the 
13 funding distribution system described in subsection (g) of 
14 this Section. Initially, an Organizational Unit's 
15 Preliminary Resources and Preliminary Percent of Adequacy 
16 are calculated pursuant to paragraph (2) of this 
17 subsection (f). Then, an Organizational Unit's Final 
18 Resources and Final Percent of Adequacy are calculated to 
19 account for the Organizational Unit's poverty 
20 concentration levels pursuant to paragraphs (3) and (4) of 
21 this subsection (f).
22  (2) An Organizational Unit's Preliminary Resources are 
23 equal to the sum of its Local Capacity Target, CPPRT, and 
24 Base Funding Minimum. An Organizational Unit's Preliminary 
25 Percent of Adequacy is the lesser of (i) its Preliminary 
26 Resources divided by its Adequacy Target or (ii) 100%.
 
 
10300HB3817sam002- 329 -LRB103 30519 JDS 62533 a


1  (3) Except for Specially Funded Units, an 
2 Organizational Unit's Final Resources are equal to the sum 
3 of its Local Capacity, CPPRT, and Adjusted Base Funding 
4 Minimum. The Base Funding Minimum of each Specially Funded 
5 Unit shall serve as its Final Resources, except that the 
6 Base Funding Minimum for State-approved charter schools 
7 shall not include any portion of general State aid 
8 allocated in the prior year based on the per capita 
9 tuition charge times the charter school enrollment.
10  (4) An Organizational Unit's Final Percent of Adequacy 
11 is its Final Resources divided by its Adequacy Target. An 
12 Organizational Unit's Adjusted Base Funding Minimum is 
13 equal to its Base Funding Minimum less its Supplemental 
14 Grant Funding, with the resulting figure added to the 
15 product of its Supplemental Grant Funding and Preliminary 
16 Percent of Adequacy. 
17 (g) Evidence-Based Funding formula distribution system. 
18  (1) In each school year under the Evidence-Based 
19 Funding formula, each Organizational Unit receives funding 
20 equal to the sum of its Base Funding Minimum and the unit's 
21 allocation of New State Funds determined pursuant to this 
22 subsection (g). To allocate New State Funds, the 
23 Evidence-Based Funding formula distribution system first 
24 places all Organizational Units into one of 4 tiers in 
25 accordance with paragraph (3) of this subsection (g), 
26 based on the Organizational Unit's Final Percent of 
 
 
10300HB3817sam002- 330 -LRB103 30519 JDS 62533 a


1 Adequacy. New State Funds are allocated to each of the 4 
2 tiers as follows: Tier 1 Aggregate Funding equals 50% of 
3 all New State Funds, Tier 2 Aggregate Funding equals 49% 
4 of all New State Funds, Tier 3 Aggregate Funding equals 
5 0.9% of all New State Funds, and Tier 4 Aggregate Funding 
6 equals 0.1% of all New State Funds. Each Organizational 
7 Unit within Tier 1 or Tier 2 receives an allocation of New 
8 State Funds equal to its tier Funding Gap, as defined in 
9 the following sentence, multiplied by the tier's 
10 Allocation Rate determined pursuant to paragraph (4) of 
11 this subsection (g). For Tier 1, an Organizational Unit's 
12 Funding Gap equals the tier's Target Ratio, as specified 
13 in paragraph (5) of this subsection (g), multiplied by the 
14 Organizational Unit's Adequacy Target, with the resulting 
15 amount reduced by the Organizational Unit's Final 
16 Resources. For Tier 2, an Organizational Unit's Funding 
17 Gap equals the tier's Target Ratio, as described in 
18 paragraph (5) of this subsection (g), multiplied by the 
19 Organizational Unit's Adequacy Target, with the resulting 
20 amount reduced by the Organizational Unit's Final 
21 Resources and its Tier 1 funding allocation. To determine 
22 the Organizational Unit's Funding Gap, the resulting 
23 amount is then multiplied by a factor equal to one minus 
24 the Organizational Unit's Local Capacity Target 
25 percentage. Each Organizational Unit within Tier 3 or Tier 
26 4 receives an allocation of New State Funds equal to the 
 
 
10300HB3817sam002- 331 -LRB103 30519 JDS 62533 a


1 product of its Adequacy Target and the tier's Allocation 
2 Rate, as specified in paragraph (4) of this subsection 
3 (g).
4  (2) To ensure equitable distribution of dollars for 
5 all Tier 2 Organizational Units, no Tier 2 Organizational 
6 Unit shall receive fewer dollars per ASE than any Tier 3 
7 Organizational Unit. Each Tier 2 and Tier 3 Organizational 
8 Unit shall have its funding allocation divided by its ASE. 
9 Any Tier 2 Organizational Unit with a funding allocation 
10 per ASE below the greatest Tier 3 allocation per ASE shall 
11 get a funding allocation equal to the greatest Tier 3 
12 funding allocation per ASE multiplied by the 
13 Organizational Unit's ASE. Each Tier 2 Organizational 
14 Unit's Tier 2 funding allocation shall be multiplied by 
15 the percentage calculated by dividing the original Tier 2 
16 Aggregate Funding by the sum of all Tier 2 Organizational 
17 Units' Tier 2 funding allocation after adjusting 
18 districts' funding below Tier 3 levels. 
19  (3) Organizational Units are placed into one of 4 
20 tiers as follows: 
21   (A) Tier 1 consists of all Organizational Units, 
22 except for Specially Funded Units, with a Percent of 
23 Adequacy less than the Tier 1 Target Ratio. The Tier 1 
24 Target Ratio is the ratio level that allows for Tier 1 
25 Aggregate Funding to be distributed, with the Tier 1 
26 Allocation Rate determined pursuant to paragraph (4) 
 
 
10300HB3817sam002- 332 -LRB103 30519 JDS 62533 a


1 of this subsection (g).
2   (B) Tier 2 consists of all Tier 1 Units and all 
3 other Organizational Units, except for Specially 
4 Funded Units, with a Percent of Adequacy of less than 
5 0.90.
6   (C) Tier 3 consists of all Organizational Units, 
7 except for Specially Funded Units, with a Percent of 
8 Adequacy of at least 0.90 and less than 1.0.
9   (D) Tier 4 consists of all Organizational Units 
10 with a Percent of Adequacy of at least 1.0. 
11  (4) The Allocation Rates for Tiers 1 through 4 are 
12 determined as follows: 
13   (A) The Tier 1 Allocation Rate is 30%.
14   (B) The Tier 2 Allocation Rate is the result of the 
15 following equation: Tier 2 Aggregate Funding, divided 
16 by the sum of the Funding Gaps for all Tier 2 
17 Organizational Units, unless the result of such 
18 equation is higher than 1.0. If the result of such 
19 equation is higher than 1.0, then the Tier 2 
20 Allocation Rate is 1.0. 
21   (C) The Tier 3 Allocation Rate is the result of the 
22 following equation: Tier 3
Aggregate Funding, divided 
23 by the sum of the Adequacy Targets of all Tier 3 
24 Organizational
Units.
25   (D) The Tier 4 Allocation Rate is the result of the 
26 following equation: Tier 4
Aggregate Funding, divided 
 
 
10300HB3817sam002- 333 -LRB103 30519 JDS 62533 a


1 by the sum of the Adequacy Targets of all Tier 4 
2 Organizational
Units. 
3  (5) A tier's Target Ratio is determined as follows: 
4   (A) The Tier 1 Target Ratio is the ratio level that 
5 allows for Tier 1 Aggregate Funding to be distributed 
6 with the Tier 1 Allocation Rate.
7   (B) The Tier 2 Target Ratio is 0.90.
8   (C) The Tier 3 Target Ratio is 1.0.
9  (6) If, at any point, the Tier 1 Target Ratio is 
10 greater than 90%, then all Tier 1 funding shall be 
11 allocated to Tier 2 and no Tier 1 Organizational Unit's 
12 funding may be identified.
13  (7) In the event that all Tier 2 Organizational Units 
14 receive funding at the Tier 2 Target Ratio level, any 
15 remaining New State Funds shall be allocated to Tier 3 and 
16 Tier 4 Organizational Units. 
17  (8) If any Specially Funded Units, excluding Glenwood 
18 Academy, recognized by the State Board do not qualify for 
19 direct funding following the implementation of Public Act 
20 100-465 from any of the funding sources included within 
21 the definition of Base Funding Minimum, the unqualified 
22 portion of the Base Funding Minimum shall be transferred 
23 to one or more appropriate Organizational Units as 
24 determined by the State Superintendent based on the prior 
25 year ASE of the Organizational Units.
26  (8.5) If a school district withdraws from a special 
 
 
10300HB3817sam002- 334 -LRB103 30519 JDS 62533 a


1 education cooperative, the portion of the Base Funding 
2 Minimum that is attributable to the school district may be 
3 redistributed to the school district upon withdrawal. The 
4 school district and the cooperative must include the 
5 amount of the Base Funding Minimum that is to be 
6 reapportioned in their withdrawal agreement and notify the 
7 State Board of the change with a copy of the agreement upon 
8 withdrawal. 
9  (9) The Minimum Funding Level is intended to establish 
10 a target for State funding that will keep pace with 
11 inflation and continue to advance equity through the 
12 Evidence-Based Funding formula. The target for State 
13 funding of New Property Tax Relief Pool Funds is 
14 $50,000,000 for State fiscal year 2019 and subsequent 
15 State fiscal years. The Minimum Funding Level is equal to 
16 $350,000,000. In addition to any New State Funds, no more 
17 than $50,000,000 New Property Tax Relief Pool Funds may be 
18 counted toward the Minimum Funding Level. If the sum of 
19 New State Funds and applicable New Property Tax Relief 
20 Pool Funds are less than the Minimum Funding Level, than 
21 funding for tiers shall be reduced in the following 
22 manner:
23   (A) First, Tier 4 funding shall be reduced by an 
24 amount equal to the difference between the Minimum 
25 Funding Level and New State Funds until such time as 
26 Tier 4 funding is exhausted.
 
 
10300HB3817sam002- 335 -LRB103 30519 JDS 62533 a


1   (B) Next, Tier 3 funding shall be reduced by an 
2 amount equal to the difference between the Minimum 
3 Funding Level and New State Funds and the reduction in 
4 Tier 4 funding until such time as Tier 3 funding is 
5 exhausted.
6   (C) Next, Tier 2 funding shall be reduced by an 
7 amount equal to the difference between the Minimum 
8 Funding Level and New State Funds and the reduction in 
9 Tier 4 and Tier 3.
10   (D) Finally, Tier 1 funding shall be reduced by an 
11 amount equal to the difference between the Minimum 
12 Funding level and New State Funds and the reduction in 
13 Tier 2, 3, and 4 funding. In addition, the Allocation 
14 Rate for Tier 1 shall be reduced to a percentage equal 
15 to the Tier 1 Allocation Rate set by paragraph (4) of 
16 this subsection (g), multiplied by the result of New 
17 State Funds divided by the Minimum Funding Level.
18  (9.5) For State fiscal year 2019 and subsequent State 
19 fiscal years, if New State Funds exceed $300,000,000, then 
20 any amount in excess of $300,000,000 shall be dedicated 
21 for purposes of Section 2-3.170 of this Code up to a 
22 maximum of $50,000,000. 
23  (10) In the event of a decrease in the amount of the 
24 appropriation for this Section in any fiscal year after 
25 implementation of this Section, the Organizational Units 
26 receiving Tier 1 and Tier 2 funding, as determined under 
 
 
10300HB3817sam002- 336 -LRB103 30519 JDS 62533 a


1 paragraph (3) of this subsection (g), shall be held 
2 harmless by establishing a Base Funding Guarantee equal to 
3 the per pupil kindergarten through grade 12 funding 
4 received in accordance with this Section in the prior 
5 fiscal year. Reductions shall be
made to the Base Funding 
6 Minimum of Organizational Units in Tier 3 and Tier 4 on a

7 per pupil basis equivalent to the total number of the ASE 
8 in Tier 3-funded and Tier 4-funded Organizational Units 
9 divided by the total reduction in State funding. The Base

10 Funding Minimum as reduced shall continue to be applied to 
11 Tier 3 and Tier 4
Organizational Units and adjusted by the 
12 relative formula when increases in
appropriations for this 
13 Section resume. In no event may State funding reductions 
14 to
Organizational Units in Tier 3 or Tier 4 exceed an 
15 amount that would be less than the
Base Funding Minimum 
16 established in the first year of implementation of this

17 Section. If additional reductions are required, all school 
18 districts shall receive a
reduction by a per pupil amount 
19 equal to the aggregate additional appropriation
reduction 
20 divided by the total ASE of all Organizational Units. 
21  (11) The State Superintendent shall make minor 
22 adjustments to the distribution formula set forth in this 
23 subsection (g) to account for the rounding of percentages 
24 to the nearest tenth of a percentage and dollar amounts to 
25 the nearest whole dollar. 
26 (h) State Superintendent administration of funding and 
 
 
10300HB3817sam002- 337 -LRB103 30519 JDS 62533 a


1district submission requirements. 
2  (1) The State Superintendent shall, in accordance with 
3 appropriations made by the General Assembly, meet the 
4 funding obligations created under this Section.
5  (2) The State Superintendent shall calculate the 
6 Adequacy Target for each Organizational Unit under this 
7 Section. No Evidence-Based Funding shall be distributed 
8 within an Organizational Unit without the approval of the 
9 unit's school board.
10  (3) Annually, the State Superintendent shall calculate 
11 and report to each Organizational Unit the unit's 
12 aggregate financial adequacy amount, which shall be the 
13 sum of the Adequacy Target for each Organizational Unit. 
14 The State Superintendent shall calculate and report 
15 separately for each Organizational Unit the unit's total 
16 State funds allocated for its students with disabilities. 
17 The State Superintendent shall calculate and report 
18 separately for each Organizational Unit the amount of 
19 funding and applicable FTE calculated for each Essential 
20 Element of the unit's Adequacy Target.
21  (4) Annually, the State Superintendent shall calculate 
22 and report to each Organizational Unit the amount the unit 
23 must expend on special education and bilingual education 
24 and computer technology and equipment for Organizational 
25 Units assigned to Tier 1 or Tier 2 that received an 
26 additional $285.50 per student computer technology and 
 
 
10300HB3817sam002- 338 -LRB103 30519 JDS 62533 a


1 equipment investment grant to their Adequacy Target 
2 pursuant to the unit's Base Funding Minimum, Special 
3 Education Allocation, Bilingual Education Allocation, and 
4 computer technology and equipment investment allocation.
5  (5) Moneys distributed under this Section shall be 
6 calculated on a school year basis, but paid on a fiscal 
7 year basis, with payments beginning in August and 
8 extending through June. Unless otherwise provided, the 
9 moneys appropriated for each fiscal year shall be 
10 distributed in 22 equal payments at least 2 times monthly 
11 to each Organizational Unit. If moneys appropriated for 
12 any fiscal year are distributed other than monthly, the 
13 distribution shall be on the same basis for each 
14 Organizational Unit.
15  (6) Any school district that fails, for any given 
16 school year, to maintain school as required by law or to 
17 maintain a recognized school is not eligible to receive 
18 Evidence-Based Funding. In case of non-recognition of one 
19 or more attendance centers in a school district otherwise 
20 operating recognized schools, the claim of the district 
21 shall be reduced in the proportion that the enrollment in 
22 the attendance center or centers bears to the enrollment 
23 of the school district. "Recognized school" means any 
24 public school that meets the standards for recognition by 
25 the State Board. A school district or attendance center 
26 not having recognition status at the end of a school term 
 
 
10300HB3817sam002- 339 -LRB103 30519 JDS 62533 a


1 is entitled to receive State aid payments due upon a legal 
2 claim that was filed while it was recognized.
3  (7) School district claims filed under this Section 
4 are subject to Sections 18-9 and 18-12 of this Code, 
5 except as otherwise provided in this Section.
6  (8) Each fiscal year, the State Superintendent shall 
7 calculate for each Organizational Unit an amount of its 
8 Base Funding Minimum and Evidence-Based Funding that shall 
9 be deemed attributable to the provision of special 
10 educational facilities and services, as defined in Section 
11 14-1.08 of this Code, in a manner that ensures compliance 
12 with maintenance of State financial support requirements 
13 under the federal Individuals with Disabilities Education 
14 Act. An Organizational Unit must use such funds only for 
15 the provision of special educational facilities and 
16 services, as defined in Section 14-1.08 of this Code, and 
17 must comply with any expenditure verification procedures 
18 adopted by the State Board.
19  (9) All Organizational Units in this State must submit 
20 annual spending plans by the end of September of each year 
21 to the State Board as part of the annual budget process, 
22 which shall describe how each Organizational Unit will 
23 utilize the Base Funding Minimum and Evidence-Based 
24 Funding it receives from this State under this Section 
25 with specific identification of the intended utilization 
26 of Low-Income, English learner, and special education 
 
 
10300HB3817sam002- 340 -LRB103 30519 JDS 62533 a


1 resources. Additionally, the annual spending plans of each 
2 Organizational Unit shall describe how the Organizational 
3 Unit expects to achieve student growth and how the 
4 Organizational Unit will achieve State education goals, as 
5 defined by the State Board. The State Superintendent may, 
6 from time to time, identify additional requisites for 
7 Organizational Units to satisfy when compiling the annual 
8 spending plans required under this subsection (h). The 
9 format and scope of annual spending plans shall be 
10 developed by the State Superintendent and the State Board 
11 of Education. School districts that serve students under 
12 Article 14C of this Code shall continue to submit 
13 information as required under Section 14C-12 of this Code. 
14  (10) No later than January 1, 2018, the State 
15 Superintendent shall develop a 5-year strategic plan for 
16 all Organizational Units to help in planning for adequacy 
17 funding under this Section. The State Superintendent shall 
18 submit the plan to the Governor and the General Assembly, 
19 as provided in Section 3.1 of the General Assembly 
20 Organization Act. The plan shall include recommendations 
21 for: 
22   (A) a framework for collaborative, professional, 
23 innovative, and 21st century learning environments 
24 using the Evidence-Based Funding model;
25   (B) ways to prepare and support this State's 
26 educators for successful instructional careers;
 
 
10300HB3817sam002- 341 -LRB103 30519 JDS 62533 a


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

22 paragraph (2) of subsection (b).
23   (E) Maintenance and operations under subparagraph

24 (S) of paragraph (2) of subsection (b).
25   (F) Central office under subparagraph (T) of

26 paragraph (2) of subsection (b). 
 
 
10300HB3817sam002- 342 -LRB103 30519 JDS 62533 a


1 (i) Professional Review Panel. 
2  (1) A Professional Review Panel is created to study 
3 and review topics related to the implementation and effect 
4 of Evidence-Based Funding, as assigned by a joint 
5 resolution or Public Act of the General Assembly or a 
6 motion passed by the State Board of Education. The Panel 
7 must provide recommendations to and serve the Governor, 
8 the General Assembly, and the State Board. The State 
9 Superintendent or his or her designee must serve as a 
10 voting member and chairperson of the Panel. The State 
11 Superintendent must appoint a vice chairperson from the 
12 membership of the Panel. The Panel must advance 
13 recommendations based on a three-fifths majority vote of 
14 Panel members present and voting. A minority opinion may 
15 also accompany any recommendation of the Panel. The Panel 
16 shall be appointed by the State Superintendent, except as 
17 otherwise provided in paragraph (2) of this subsection (i) 
18 and include the following members: 
19   (A) Two appointees that represent district 
20 superintendents, recommended by a statewide 
21 organization that represents district superintendents.
22   (B) Two appointees that represent school boards, 
23 recommended by a statewide organization that 
24 represents school boards.
25   (C) Two appointees from districts that represent 
26 school business officials, recommended by a statewide 
 
 
10300HB3817sam002- 343 -LRB103 30519 JDS 62533 a


1 organization that represents school business 
2 officials.
3   (D) Two appointees that represent school 
4 principals, recommended by a statewide organization 
5 that represents school principals.
6   (E) Two appointees that represent teachers, 
7 recommended by a statewide organization that 
8 represents teachers.
9   (F) Two appointees that represent teachers, 
10 recommended by another statewide organization that 
11 represents teachers.
12   (G) Two appointees that represent regional 
13 superintendents of schools, recommended by 
14 organizations that represent regional superintendents.
15   (H) Two independent experts selected solely by the 
16 State Superintendent.
17   (I) Two independent experts recommended by public 
18 universities in this State.
19   (J) One member recommended by a statewide 
20 organization that represents parents.
21   (K) Two representatives recommended by collective 
22 impact organizations that represent major metropolitan 
23 areas or geographic areas in Illinois.
24   (L) One member from a statewide organization 
25 focused on research-based education policy to support 
26 a school system that prepares all students for 
 
 
10300HB3817sam002- 344 -LRB103 30519 JDS 62533 a


1 college, a career, and democratic citizenship. 
2   (M) One representative from a school district 
3 organized under Article 34 of this Code. 
4  The State Superintendent shall ensure that the 
5 membership of the Panel includes representatives from 
6 school districts and communities reflecting the 
7 geographic, socio-economic, racial, and ethnic diversity 
8 of this State. The State Superintendent shall additionally 
9 ensure that the membership of the Panel includes 
10 representatives with expertise in bilingual education and 
11 special education. Staff from the State Board shall staff 
12 the Panel. 
13  (2) In addition to those Panel members appointed by 
14 the State Superintendent, 4 members of the General 
15 Assembly shall be appointed as follows: one member of the 
16 House of Representatives appointed by the Speaker of the 
17 House of Representatives, one member of the Senate 
18 appointed by the President of the Senate, one member of 
19 the House of Representatives appointed by the Minority 
20 Leader of the House of Representatives, and one member of 
21 the Senate appointed by the Minority Leader of the Senate. 
22 There shall be one additional member appointed by the 
23 Governor. All members appointed by legislative leaders or 
24 the Governor shall be non-voting, ex officio members.
25  (3) The Panel must study topics at the direction of 
26 the General Assembly or State Board of Education, as 
 
 
10300HB3817sam002- 345 -LRB103 30519 JDS 62533 a


1 provided under paragraph (1). The Panel may also study the 
2 following topics at the direction of the chairperson: 
3   (A) The format and scope of annual spending plans 
4 referenced in paragraph (9) of subsection (h) of this 
5 Section.
6   (B) The Comparable Wage Index under this Section.
7   (C) Maintenance and operations, including capital 
8 maintenance and construction costs.
9   (D) "At-risk student" definition.
10   (E) Benefits.
11   (F) Technology.
12   (G) Local Capacity Target.
13   (H) Funding for Alternative Schools, Laboratory 
14 Schools, safe schools, and alternative learning 
15 opportunities programs.
16   (I) Funding for college and career acceleration 
17 strategies.
18   (J) Special education investments. 
19   (K) Early childhood investments, in collaboration 
20 with the Illinois Early Learning Council.
21  (4) (Blank). 
22  (5) Within 5 years after the implementation of this 
23 Section, and every 5 years thereafter, the Panel shall 
24 complete an evaluative study of the entire Evidence-Based 
25 Funding model, including an assessment of whether or not 
26 the formula is achieving State goals. The Panel shall 
 
 
10300HB3817sam002- 346 -LRB103 30519 JDS 62533 a


1 report to the State Board, the General Assembly, and the 
2 Governor on the findings of the study.
3  (6) (Blank). 
4  (7) To ensure that (i) the Adequacy Target calculation 
5 under subsection (b) accurately reflects the needs of 
6 students living in poverty or attending schools located in 
7 areas of high poverty, (ii) racial equity within the 
8 Evidence-Based Funding formula is explicitly explored and 
9 advanced, and (iii) the funding goals of the formula 
10 distribution system established under this Section are 
11 sufficient to provide adequate funding for every student 
12 and to fully fund every school in this State, the Panel 
13 shall review the Essential Elements under paragraph (2) of 
14 subsection (b). The Panel shall consider all of the 
15 following in its review:
16   (A) The financial ability of school districts to 
17 provide instruction in a foreign language to every 
18 student and whether an additional Essential Element 
19 should be added to the formula to ensure that every 
20 student has access to instruction in a foreign 
21 language.
22   (B) The adult-to-student ratio for each Essential 
23 Element in which a ratio is identified. The Panel 
24 shall consider whether the ratio accurately reflects 
25 the staffing needed to support students living in 
26 poverty or who have traumatic backgrounds.
 
 
10300HB3817sam002- 347 -LRB103 30519 JDS 62533 a


1   (C) Changes to the Essential Elements that may be 
2 required to better promote racial equity and eliminate 
3 structural racism within schools.
4   (D) The impact of investing $350,000,000 in 
5 additional funds each year under this Section and an 
6 estimate of when the school system will become fully 
7 funded under this level of appropriation.
8   (E) Provide an overview of alternative funding 
9 structures that would enable the State to become fully 
10 funded at an earlier date.
11   (F) The potential to increase efficiency and to 
12 find cost savings within the school system to expedite 
13 the journey to a fully funded system.
14   (G) The appropriate levels for reenrolling and 
15 graduating high-risk high school students who have 
16 been previously out of school. These outcomes shall 
17 include enrollment, attendance, skill gains, credit 
18 gains, graduation or promotion to the next grade 
19 level, and the transition to college, training, or 
20 employment, with an emphasis on progressively 
21 increasing the overall attendance.
22   (H) The evidence-based or research-based practices 
23 that are shown to reduce the gaps and disparities 
24 experienced by African American students in academic 
25 achievement and educational performance, including 
26 practices that have been shown to reduce disparities 
 
 
10300HB3817sam002- 348 -LRB103 30519 JDS 62533 a


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




22 (105 ILCS 5/27-23.1) (from Ch. 122, par. 27-23.1)



23 Sec. 27-23.1. Parenting education.  
24 (a) The State Board of Education must assist each school 
25district that offers an evidence-based parenting education 
 
 
10300HB3817sam002- 349 -LRB103 30519 JDS 62533 a


1model. School districts may provide
instruction in parenting 
2education for grades 6 through 12 and include such
instruction 
3in the courses of study regularly taught therein.
School 
4districts may give regular school credit for satisfactory 
5completion
by the student of such courses.

6 As used in this subsection (a), "parenting education" 
7means and includes
instruction in the following:

8  (1) Child growth and development, including prenatal 
9 development.

10  (2) Childbirth and child care.

11  (3) Family structure, function and management.

12  (4) Prenatal and postnatal care for mothers and 
13 infants.

14  (5) Prevention of child abuse.

15  (6) The physical, mental, emotional, social, economic 
16 and psychological
aspects of interpersonal and family 
17 relationships.

18  (7) Parenting skill development.

19 The State Board of Education shall assist those districts 
20offering
parenting education instruction, upon request, in 
21developing instructional
materials, training teachers, and 
22establishing appropriate time allotments
for each of the areas 
23included in such instruction.

24 School districts may offer parenting education courses 
25during that period
of the day which is not part of the regular 
26school day. Residents of
the school district may enroll in 
 
 
10300HB3817sam002- 350 -LRB103 30519 JDS 62533 a


1such courses. The school board may
establish fees and collect 
2such charges as may be necessary for attendance
at such 
3courses in an amount not to exceed the per capita cost of the

4operation thereof, except that the board may waive all or part 
5of such
charges if it determines that the individual is 
6indigent or that the
educational needs of the individual 
7requires his or her attendance at such courses.

8 (b) Beginning with the 2019-2020 school year, from 
9appropriations made for the purposes of this Section, the 
10State Board of Education shall implement and administer a 
117-year 3-year pilot program supporting the health and wellness 
12student-learning requirement by utilizing a unit of 
13instruction on parenting education in participating school 
14districts that maintain grades 9 through 12, to be determined 
15by the participating school districts. The program is 
16encouraged to include, but is not be limited to, instruction 
17on (i) family structure, function, and management, (ii) the 
18prevention of child abuse, (iii) the physical, mental, 
19emotional, social, economic, and psychological aspects of 
20interpersonal and family relationships, and (iv) parenting 
21education competency development that is aligned to the social 
22and emotional learning standards of the student's grade level. 
23Instruction under this subsection (b) may be included in the 
24Comprehensive Health Education Program set forth under Section 
253 of the Critical Health Problems and Comprehensive Health 
26Education Act. The State Board of Education is authorized to 
 
 
10300HB3817sam002- 351 -LRB103 30519 JDS 62533 a


1make grants to school districts that apply to participate in 
2the pilot program under this subsection (b). The State Board 
3of Education shall by rule provide for the form of the 
4application and criteria to be used and applied in selecting 
5participating urban, suburban, and rural school districts. The 
6provisions of this subsection (b), other than this sentence, 
7are inoperative at the conclusion of the pilot program. 
8(Source: P.A. 100-1043, eff. 8-23-18.)


9 Section 5-100. The School Construction Law is amended by 
10changing Section 5-300 as follows:

11 (105 ILCS 230/5-300)
12 Sec. 5-300. Early childhood construction grants.
13 (a) The Capital Development Board is authorized to make 
14grants to public school districts and not-for-profit entities 
15for early childhood construction projects, except that in 
16fiscal year 2024 those grants may be made only to public school 
17districts. These grants shall be paid out of moneys 
18appropriated for that purpose from the School Construction 
19Fund, the Build Illinois Bond Fund, or the Rebuild Illinois 
20Projects Fund. No grants may be awarded to entities providing 
21services within private residences. A public school district 
22or other eligible entity must provide local matching funds in 
23the following manner:
24  (1) A public school district assigned to Tier 1 under 
 
 
10300HB3817sam002- 352 -LRB103 30519 JDS 62533 a


1 Section 18-8.15 of the School Code or any other eligible 
2 entity in an area encompassed by that district must 
3 provide local matching funds in an amount equal to 3% of 
4 the grant awarded under this Section.
5  (2) A public school district assigned to Tier 2 under 
6 Section 18-8.15 of the School Code or any other eligible 
7 entity in an area encompassed by that district must 
8 provide local matching funds in an amount equal to 7.5% of 
9 the grant awarded under this Section.
10  (3) A public school district assigned to Tier 3 under 
11 Section 18-8.15 of the School Code or any other eligible 
12 entity in an area encompassed by that district must 
13 provide local matching funds in an amount equal to 8.75% 
14 of the grant awarded under this Section.
15  (4) A public school district assigned to Tier 4 under 
16 Section 18-8.15 of the School Code or any other eligible 
17 entity in an area encompassed by that district must 
18 provide local matching funds in an amount equal to 10% of 
19 the grant awarded under this Section. 
20 A public school district or other eligible entity has no 
21entitlement to a grant under this Section.
22 (b) The Capital Development Board shall adopt rules to 
23implement this Section. These rules need not be the same as the 
24rules for school construction project grants or school 
25maintenance project grants.
The rules may specify:
26  (1) the manner of applying for grants;
 
 
10300HB3817sam002- 353 -LRB103 30519 JDS 62533 a


1  (2) project eligibility requirements;
2  (3) restrictions on the use of grant moneys;
3  (4) the manner in which school districts and other 
4 eligible entities must account for the use of grant 
5 moneys;
6  (5) requirements that new or improved facilities be 
7 used for early childhood and other related programs for a 
8 period of at least 10 years; and 
9  (6) any other provision that the Capital Development 
10 Board determines to be necessary or useful for the 
11 administration of this Section.
12 (b-5) When grants are made to non-profit corporations for 
13the acquisition or construction of new facilities, the Capital 
14Development Board or any State agency it so designates shall 
15hold title to or place a lien on the facility for a period of 
1610 years after the date of the grant award, after which title 
17to the facility shall be transferred to the non-profit 
18corporation or the lien shall be removed, provided that the 
19non-profit corporation has complied with the terms of its 
20grant agreement. When grants are made to non-profit 
21corporations for the purpose of renovation or rehabilitation, 
22if the non-profit corporation does not comply with item (5) of 
23subsection (b) of this Section, the Capital Development Board 
24or any State agency it so designates shall recover the grant 
25pursuant to the procedures outlined in the Illinois Grant 
26Funds Recovery Act.
 
 
10300HB3817sam002- 354 -LRB103 30519 JDS 62533 a


1 (c) The Capital Development Board, in consultation with 
2the State Board of Education, shall establish standards for 
3the determination of priority needs concerning early childhood 
4projects based on projects located in communities in the State 
5with the greatest underserved population of young children, 
6utilizing Census data and other reliable local early childhood 
7service data.
8 (d) In each school year in which early childhood 
9construction project grants are awarded, 20% of the total 
10amount awarded shall be awarded to a school district with a 
11population of more than 500,000, provided that the school 
12district complies with the requirements of this Section and 
13the rules adopted under this Section.

14(Source: P.A. 102-16, eff. 6-17-21.)

15 Section 5-104. The Public Community College Act is amended 
16by changing Section 2-16.02 as follows:



17 (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)



18 Sec. 2-16.02. Grants. Any community college district that 
19maintains a
community college recognized by the State Board 
20shall receive, when eligible,
grants enumerated in this 
21Section. Funded semester credit hours or other
measures or 
22both as specified by the State Board shall be used to 
23distribute
grants to community colleges. Funded semester 
24credit hours shall be defined,
for purposes of this Section, 
 
 
10300HB3817sam002- 355 -LRB103 30519 JDS 62533 a


1as the greater of
(1) the number of semester credit hours, or 
2equivalent, in all funded
instructional categories of students 
3who have been certified as being in
attendance at midterm 
4during the respective terms of the base fiscal year or
(2) the 
5average of semester credit hours, or equivalent, in all funded

6instructional categories of students who have been certified 
7as being in
attendance at midterm during the respective terms 
8of the base fiscal year and
the 2 prior fiscal years. For 
9purposes of this Section, "base fiscal year"
means the fiscal 
10year 2 years prior to the fiscal year for which the grants are

11appropriated. Such students shall have been residents of 
12Illinois and shall
have been enrolled in courses that are part 
13of instructional program categories
approved by the State 
14Board and that are applicable toward an associate degree
or 
15certificate.
Courses that are eligible for reimbursement are 
16those courses for which
the district pays 50% or more of the 
17program costs from unrestricted
revenue sources, with the 
18exception of dual credit courses and courses offered by 
19contract with
the Department of Corrections in correctional 
20institutions. For the
purposes of this Section, "unrestricted 
21revenue sources" means those
revenues in which the provider of 
22the revenue imposes no financial
limitations upon the district 
23as it relates to the expenditure of the funds. Except for 
24Fiscal Year 2012, base operating grants shall be paid based on 
25rates per funded
semester credit hour or equivalent calculated 
26by the State Board for funded
instructional categories using 
 
 
10300HB3817sam002- 356 -LRB103 30519 JDS 62533 a


1cost of instruction, enrollment, inflation, and
other relevant 
2factors. For Fiscal Year 2012, the allocations for base 
3operating grants to community college districts shall be the 
4same as they were in Fiscal Year 2011, reduced or increased 
5proportionately according to the appropriation for base 
6operating grants for Fiscal Year 2012.

7 Equalization grants shall be calculated by the State Board 
8by determining a
local revenue factor for each district by: 
9(A) adding (1)
each district's Corporate Personal Property 
10Replacement Fund
allocations from the base
fiscal year or the 
11average of the base fiscal year and prior year, whichever is

12less, divided by the applicable statewide average tax rate to 
13(2) the
district's most recently audited
year's equalized 
14assessed valuation or the average of the most recently audited

15year and prior year, whichever is less, (B) then dividing by 
16the district's
audited full-time equivalent resident students 
17for the base fiscal year or the
average for the base fiscal 
18year and the 2 prior fiscal years, whichever is
greater, and 
19(C) then multiplying by the applicable statewide average tax

20rate. The State Board
shall calculate a statewide weighted 
21average threshold by applying
the same methodology to the 
22totals of all districts' Corporate Personal
Property Tax 
23Replacement Fund allocations, equalized assessed valuations, 
24and
audited full-time equivalent district resident students 
25and multiplying by the
applicable statewide average tax rate. 
26The difference between the statewide
weighted average 
 
 
10300HB3817sam002- 357 -LRB103 30519 JDS 62533 a


1threshold and the local revenue
factor, multiplied by the 
2number of full-time equivalent resident students,
shall 
3determine the amount of equalization funding that each 
4district is
eligible to receive. A percentage factor, as 
5determined by the State Board,
may be applied to the statewide 
6threshold as a method for allocating
equalization funding. A 
7minimum equalization grant of an amount per district
as 
8determined by the State Board shall be established for any 
9community college
district which qualifies for an equalization 
10grant based upon the preceding
criteria, but becomes 
11ineligible for equalization funding, or would have
received a 
12grant of less than the minimum equalization grant, due to 
13threshold
prorations applied to reduce equalization funding.

14As of July 1, 2013, a community college district eligible to 
15receive an equalization grant based upon the preceding 
16criteria must maintain a
minimum required combined in-district 
17tuition and universal fee rate per
semester credit hour equal 
18to 70% of the State-average combined rate, as
determined by 
19the State Board, or the total revenue received by the 
20community college district from combined in-district tuition 
21and universal fees must be at least 30% of the total revenue 
22received by the community college district, as determined by 
23the State Board, for equalization funding. As of July 1,
2004, 
24a community college district must maintain a minimum required

25operating tax rate equal to at least 95% of its maximum 
26authorized tax
rate to qualify for equalization funding. This 
 
 
10300HB3817sam002- 358 -LRB103 30519 JDS 62533 a


195% minimum tax rate
requirement shall be based upon the 
2maximum operating tax rate as
limited by the Property Tax 
3Extension Limitation Law.

4 The State Board shall distribute such other grants as may 
5be
authorized or appropriated by the General Assembly. The 
6State Board may adopt any rules necessary for the purposes of 
7implementing and distributing funds pursuant to an authorized 
8or appropriated grant. 

9 Each community college district entitled to State grants 
10under this
Section must submit a report of its enrollment to 
11the State Board not later
than 30 days following the end of 
12each semester or term in a
format prescribed by the State 
13Board. These semester credit hours, or
equivalent, shall be 
14certified by each district on forms provided by the
State 
15Board. Each district's certified semester credit hours, or 
16equivalent,
are subject to audit pursuant to Section 3-22.1.

17 The State Board shall certify, prepare, and submit monthly 
18vouchers to the State Comptroller
setting
forth an amount 
19equal to one-twelfth of the grants approved by the State Board 
20for base
operating grants and equalization grants. The State 
21Board shall prepare and
submit to the State Comptroller 
22vouchers for payments of other grants as
appropriated by the 
23General Assembly. If the amount appropriated for grants
is 
24different from the amount provided for such grants under this 
25Act, the
grants shall be proportionately reduced or increased 
26accordingly.

 
 
10300HB3817sam002- 359 -LRB103 30519 JDS 62533 a


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

23 For the purposes of this Section, a "full-time equivalent" 
24student is
equal to 30 semester credit hours.

25 The Illinois Community College Board Contracts and Grants 
26Fund is hereby
created in the State Treasury. Items of income 
 
 
10300HB3817sam002- 360 -LRB103 30519 JDS 62533 a


1to this fund shall include
any grants, awards, endowments, or 
2like proceeds, and where appropriate,
other funds made 
3available through contracts with governmental, public, and

4private agencies or persons. The General Assembly shall from 
5time to time
make appropriations payable from such fund for 
6the support, improvement,
and expenses of the State Board and 
7Illinois community college
districts.

8(Source: P.A. 99-845, eff. 1-1-17; 100-884, eff. 1-1-19.)


9 Section 5-105. The Higher Education Student Assistance Act 
10is amended by changing Sections 35 and 65.100 as follows:




11 (110 ILCS 947/35)



12 Sec. 35. Monetary award program. 

13 (a) The Commission shall, each year, receive and consider 
14applications
for grant assistance under this Section. Subject 
15to a separate
appropriation for such purposes, an applicant is 
16eligible for a grant under
this Section when the Commission 
17finds that the applicant:

18  (1) is a resident of this State and a citizen or 
19 permanent resident
of the United States;

20  (2) is enrolled or has been accepted for enrollment in 
21 a qualified institution for the purpose of obtaining a 
22 degree, certificate, or other credential offered by the 
23 institution, as applicable; and 
24  (3) in the absence of grant assistance, will be 
 
 
10300HB3817sam002- 361 -LRB103 30519 JDS 62533 a


1 deterred by
financial considerations from completing an 
2 educational program at the
qualified institution of his or 
3 her choice.

4 (b) The Commission shall award renewals only upon the 
5student's application
and upon the Commission's finding that 
6the applicant:

7  (1) has remained a student in good standing;

8  (2) remains a resident of this State; and

9  (3) is in a financial situation that continues to 
10 warrant assistance.

11 (c) All grants shall be applicable only to tuition and 
12necessary fee costs. The Commission shall determine the grant

13amount for each student, which shall not exceed the smallest 
14of
the following amounts:

15  (1) subject to appropriation, $5,468 for fiscal year 
16 2009, $5,968 for fiscal year 2010, $6,468 for fiscal year 
17 2011 and each fiscal year thereafter through fiscal year 
18 2022, and $8,508 for fiscal year 2023, and $10,896 for 
19 fiscal year 2024 and each fiscal year thereafter, or such 
20 lesser amount as
the Commission finds to be available, 
21 during an academic year;

22  (2) the amount which equals 2 semesters or 3 quarters 
23 tuition
and other necessary fees required generally by the 
24 institution of all
full-time undergraduate students; or

25  (3) such amount as the Commission finds to be 
26 appropriate in view of
the applicant's financial 
 
 
10300HB3817sam002- 362 -LRB103 30519 JDS 62533 a


1 resources.

2 Subject to appropriation, the maximum grant amount for 
3students not subject to subdivision (1) of this subsection (c) 
4must be increased by the same percentage as any increase made 
5by law to the maximum grant amount under subdivision (1) of 
6this subsection (c). 
7 "Tuition and other necessary fees" as used in this Section 
8include the
customary charge for instruction and use of 
9facilities in general, and the
additional fixed fees charged 
10for specified purposes, which are required
generally of 
11nongrant recipients for each academic period for which the 
12grant
applicant actually enrolls, but do not include fees 
13payable only once or
breakage fees and other contingent 
14deposits which are refundable in whole or in
part. The 
15Commission may prescribe, by rule not inconsistent with this

16Section, detailed provisions concerning the computation of 
17tuition and other
necessary fees.

18 (d) No applicant, including those presently receiving 
19scholarship
assistance under this Act, is eligible for 
20monetary award program
consideration under this Act after 
21receiving a baccalaureate degree or
the equivalent of 135 
22semester credit hours of award payments.

23 (d-5) In this subsection (d-5), "renewing applicant" means 
24a student attending an institution of higher learning who 
25received a Monetary Award Program grant during the prior 
26academic year. Beginning with the processing of applications 
 
 
10300HB3817sam002- 363 -LRB103 30519 JDS 62533 a


1for the 2020-2021 academic year, the Commission shall annually 
2publish a priority deadline date for renewing applicants. 
3Subject to appropriation, a renewing applicant who files by 
4the published priority deadline date shall receive a grant if 
5he or she continues to meet the eligibility requirements under 
6this Section. A renewing applicant's failure to apply by the 
7priority deadline date established under this subsection (d-5) 
8shall not disqualify him or her from receiving a grant if 
9sufficient funding is available to provide awards after that 
10date. 
11 (e) The Commission, in determining the number of grants to 
12be offered,
shall take into consideration past experience with 
13the rate of grant funds
unclaimed by recipients. The 
14Commission shall notify applicants that grant
assistance is 
15contingent upon the availability of appropriated funds.

16 (e-5) The General Assembly finds and declares that it is 
17an important purpose of the Monetary Award Program to 
18facilitate access to college both for students who pursue 
19postsecondary education immediately following high school and 
20for those who pursue postsecondary education later in life, 
21particularly Illinoisans who are dislocated workers with 
22financial need and who are seeking to improve their economic 
23position through education. For the 2015-2016 and 2016-2017 
24academic years, the Commission shall give additional and 
25specific consideration to the needs of dislocated workers with 
26the intent of allowing applicants who are dislocated workers 
 
 
10300HB3817sam002- 364 -LRB103 30519 JDS 62533 a


1an opportunity to secure financial assistance even if applying 
2later than the general pool of applicants. The Commission's 
3consideration shall include, in determining the number of 
4grants to be offered, an estimate of the resources needed to 
5serve dislocated workers who apply after the Commission 
6initially suspends award announcements for the upcoming 
7regular academic year, but prior to the beginning of that 
8academic year. For the purposes of this subsection (e-5), a 
9dislocated worker is defined as in the federal Workforce

10Innovation and Opportunity Act. 
11 (f) (Blank).

12 (g) The Commission shall determine the eligibility of and 
13make grants to
applicants enrolled at qualified for-profit 
14institutions in accordance with the
criteria set forth in this 
15Section. The eligibility of applicants enrolled at
such 
16for-profit institutions shall be limited as follows:

17  (1) Beginning with the academic year 1997, only to 
18 eligible first-time
freshmen and
first-time transfer 
19 students who have attained an associate degree.

20  (2) Beginning with the academic year 1998, only to 
21 eligible freshmen
students,
transfer students who have 
22 attained an associate degree, and students who
receive a 
23 grant under paragraph (1) for the academic year 1997 and 
24 whose grants
are being renewed for the academic year 1998.

25  (3) Beginning with the academic year 1999, to all 
26 eligible students.

 
 
10300HB3817sam002- 365 -LRB103 30519 JDS 62533 a


1 (h) The Commission may award a grant to an eligible 
2applicant enrolled at an Illinois public institution of higher 
3learning in a program that will culminate in the award of an 
4occupational or career and technical certificate as that term 
5is defined in 23 Ill. Adm. Code 1501.301. 
6 (i) The Commission may adopt rules to implement this 
7Section. 
8(Source: P.A. 101-81, eff. 7-12-19; 102-699, eff. 4-19-22.)


9 (110 ILCS 947/65.100)
10 (Section scheduled to be repealed on October 1, 2024)
11 Sec. 65.100. AIM HIGH Grant Pilot Program.
12 (a) The General Assembly makes all of the following 
13findings: 
14  (1) Both access and affordability are important 
15 aspects of the Illinois Public Agenda for College and 
16 Career Success report.
17  (2) This State is in the top quartile with respect to 
18 the percentage of family income needed to pay for college.
19  (3) Research suggests that as loan amounts increase, 
20 rather than an increase in grant amounts, the probability 
21 of college attendance decreases.
22  (4) There is further research indicating that 
23 socioeconomic status may affect the willingness of 
24 students to use loans to attend college.
25  (5) Strategic use of tuition discounting can decrease 
 
 
10300HB3817sam002- 366 -LRB103 30519 JDS 62533 a


1 the amount of loans that students must use to pay for 
2 tuition.
3  (6) A modest, individually tailored tuition discount 
4 can make the difference in a student choosing to attend 
5 college and enhance college access for low-income and 
6 middle-income families.
7  (7) Even if the federally calculated financial need 
8 for college attendance is met, the federally determined 
9 Expected Family Contribution can still be a daunting 
10 amount.
11  (8) This State is the second largest exporter of 
12 students in the country.
13  (9) When talented Illinois students attend 
14 universities in this State, the State and those 
15 universities benefit.
16  (10) State universities in other states have adopted 
17 pricing and incentives that allow many Illinois residents 
18 to pay less to attend an out-of-state university than to 
19 remain in this State for college.
20  (11) Supporting Illinois student attendance at 
21 Illinois public universities can assist in State efforts 
22 to maintain and educate a highly trained workforce.
23  (12) Modest tuition discounts that are individually 
24 targeted and tailored can result in enhanced revenue for 
25 public universities.
26  (13) By increasing a public university's capacity to 
 
 
10300HB3817sam002- 367 -LRB103 30519 JDS 62533 a


1 strategically use tuition discounting, the public 
2 university will be capable of creating enhanced tuition 
3 revenue by increasing enrollment yields. 
4 (b) In this Section: 
5 "Eligible applicant" means a student from any high school 
6in this State, whether or not recognized by the State Board of 
7Education, who is engaged in a program of study that in due 
8course will be completed by the end of the school year and who 
9meets all of the qualifications and requirements under this 
10Section. 
11 "Tuition and other necessary fees" includes the customary 
12charge for instruction and use of facilities in general and 
13the additional fixed fees charged for specified purposes that 
14are required generally of non-grant recipients for each 
15academic period for which the grant applicant actually 
16enrolls, but does not include fees payable only once or 
17breakage fees and other contingent deposits that are 
18refundable in whole or in part. The Commission may adopt, by 
19rule not inconsistent with this Section, detailed provisions 
20concerning the computation of tuition and other necessary 
21fees.
22 (c) Beginning with the 2019-2020 academic year, each 
23public university may establish a merit-based scholarship 
24pilot program known as the AIM HIGH Grant Pilot Program. Each 
25year, the Commission shall receive and consider applications 
26from public universities under this Section. Subject to 
 
 
10300HB3817sam002- 368 -LRB103 30519 JDS 62533 a


1appropriation and any tuition waiver limitation established by 
2the Board of Higher Education, a public university campus may 
3award a grant to a student under this Section if it finds that 
4the applicant meets all of the following criteria: 
5  (1) He or she is a resident of this State and a citizen 
6 or eligible noncitizen of the United States.
7  (2) He or she files a Free Application for Federal 
8 Student Aid and demonstrates financial need with a 
9 household income no greater than 8 6 times the poverty 
10 guidelines updated periodically in the Federal Register by 
11 the U.S. Department of Health and Human Services under the 
12 authority of 42 U.S.C. 9902(2). The household income of 
13 the applicant at the time of initial application shall be 
14 deemed to be the household income of the applicant for the 
15 duration of the pilot program.
16  (3) He or she meets the minimum cumulative grade point 
17 average or ACT or SAT college admissions test score, as 
18 determined by the public university campus.
19  (4) He or she is enrolled in a public university as an 
20 undergraduate student on a full-time basis.
21  (5) He or she has not yet received a baccalaureate 
22 degree or the equivalent of 135 semester credit hours.
23  (6) He or she is not incarcerated.
24  (7) He or she is not in default on any student loan or 
25 does not owe a refund or repayment on any State or federal 
26 grant or scholarship.
 
 
10300HB3817sam002- 369 -LRB103 30519 JDS 62533 a


1  (8) Any other reasonable criteria, as determined by 
2 the public university campus. 
3 (d) Each public university campus shall determine grant 
4renewal criteria consistent with the requirements under this 
5Section.
6 (e) Each participating public university campus shall post 
7on its Internet website criteria and eligibility requirements 
8for receiving awards that use funds under this Section that 
9include a range in the sizes of these individual awards. The 
10criteria and amounts must also be reported to the Commission 
11and the Board of Higher Education, who shall post the 
12information on their respective Internet websites. 
13 (f) After enactment of an appropriation for this Program, 
14the Commission shall determine an allocation of funds to each 
15public university in an amount proportionate to the number of 
16undergraduate students who are residents of this State and 
17citizens or eligible noncitizens of the United States and who 
18were enrolled at each public university campus in the previous 
19academic year. All applications must be made to the Commission 
20on or before a date determined by the Commission and on forms 
21that the Commission shall provide to each public university 
22campus. The form of the application and the information 
23required shall be determined by the Commission and shall 
24include, without limitation, the total public university 
25campus funds used to match funds received from the Commission 
26in the previous academic year under this Section, if any, the 
 
 
10300HB3817sam002- 370 -LRB103 30519 JDS 62533 a


1total enrollment of undergraduate students who are residents 
2of this State from the previous academic year, and any 
3supporting documents as the Commission deems necessary. Each 
4public university campus shall match the amount of funds 
5received by the Commission with financial aid for eligible 
6students.
7 A public university in which an average of at least 49% of 
8the students seeking a bachelor's degree or certificate 
9received a Pell Grant over the prior 3 academic years, as 
10reported to the Commission, shall match 20% of the amount of 
11funds awarded in a given academic year with non-loan financial 
12aid for eligible students. A public university in which an 
13average of less than 49% of the students seeking a bachelor's 
14degree or certificate received a Pell Grant over the prior 3 
15academic years, as reported to the Commission, shall match 60% 
16of the amount of funds awarded in a given academic year with 
17non-loan financial aid for eligible students.
18 A public university campus is not required to claim its 
19entire allocation. The Commission shall make available to all 
20public universities, on a date determined by the Commission, 
21any unclaimed funds and the funds must be made available to 
22those public university campuses in the proportion determined 
23under this subsection (f), excluding from the calculation 
24those public university campuses not claiming their full 
25allocations.
26 Each public university campus may determine the award 
 
 
10300HB3817sam002- 371 -LRB103 30519 JDS 62533 a


1amounts for eligible students on an individual or broad basis, 
2but, subject to renewal eligibility, each renewed award may 
3not be less than the amount awarded to the eligible student in 
4his or her first year attending the public university campus. 
5Notwithstanding this limitation, a renewal grant may be 
6reduced due to changes in the student's cost of attendance, 
7including, but not limited to, if a student reduces the number 
8of credit hours in which he or she is enrolled, but remains a 
9full-time student, or switches to a course of study with a 
10lower tuition rate.
11 An eligible applicant awarded grant assistance under this 
12Section is eligible to receive other financial aid. Total 
13grant aid to the student from all sources may not exceed the 
14total cost of attendance at the public university campus.
15 (g) All money allocated to a public university campus 
16under this Section may be used only for financial aid purposes 
17for students attending the public university campus during the 
18academic year, not including summer terms. Notwithstanding any 
19other provision of law to the contrary, any funds received by a 
20public university campus under this Section that are not 
21granted to students in the academic year for which the funds 
22are received may be retained by the public university campus 
23for expenditure on students participating in the Program or 
24students eligible to participate in the Program. 
25 (h) Each public university campus that establishes a 
26Program under this Section must annually report to the 
 
 
10300HB3817sam002- 372 -LRB103 30519 JDS 62533 a


1Commission, on or before a date determined by the Commission, 
2the number of undergraduate students enrolled at that campus 
3who are residents of this State.
4 (i) Each public university campus must report to the 
5Commission the total non-loan financial aid amount given by 
6the public university campus to undergraduate students in the 
72017-2018 academic year, not including the summer term. To be 
8eligible to receive funds under the Program, a public 
9university campus may not decrease the total amount of 
10non-loan financial aid it gives to undergraduate students, not 
11including any funds received from the Commission under this 
12Section or any funds used to match grant awards under this 
13Section, to an amount lower than the reported amount for the 
142017-2018 academic year, not including the summer term.
15 (j) On or before a date determined by the Commission, each 
16public university campus that participates in the Program 
17under this Section shall annually submit a report to the 
18Commission with all of the following information: 
19  (1) The Program's impact on tuition revenue and 
20 enrollment goals and increase in access and affordability 
21 at the public university campus.
22  (2) Total funds received by the public university 
23 campus under the Program.
24  (3) Total non-loan financial aid awarded to 
25 undergraduate students attending the public university 
26 campus.
 
 
10300HB3817sam002- 373 -LRB103 30519 JDS 62533 a


1  (4) Total amount of funds matched by the public 
2 university campus.
3  (5) Total amount of claimed and unexpended funds 
4 retained by the public university campus.
5  (6) The percentage of total financial aid distributed 
6 under the Program by the public university campus.
7  (7) The total number of students receiving grants from 
8 the public university campus under the Program and those 
9 students' grade level, race, gender, income level, family 
10 size, Monetary Award Program eligibility, Pell Grant 
11 eligibility, and zip code of residence and the amount of 
12 each grant award. This information shall include unit 
13 record data on those students regarding variables 
14 associated with the parameters of the public university's 
15 Program, including, but not limited to, a student's ACT or 
16 SAT college admissions test score, high school or 
17 university cumulative grade point average, or program of 
18 study. 
19 On or before October 1, 2020 and annually on or before 
20October 1 thereafter, the Commission shall submit a report 
21with the findings under this subsection (j) and any other 
22information regarding the AIM HIGH Grant Pilot Program to (i) 
23the Governor, (ii) the Speaker of the House of 
24Representatives, (iii) the Minority Leader of the House of 
25Representatives, (iv) the President of the Senate, and (v) the 
26Minority Leader of the Senate. The reports to the General 
 
 
10300HB3817sam002- 374 -LRB103 30519 JDS 62533 a


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

24(Source: P.A. 100-587, eff. 6-4-18; 100-1015, eff. 8-21-18; 
25100-1183, eff. 4-4-19; 101-81, eff. 7-12-19; 101-613, eff. 
266-1-20; 101-643, eff. 6-18-20; 101-654, eff. 3-8-21.)

 
 
10300HB3817sam002- 375 -LRB103 30519 JDS 62533 a


1 Section 5-110. If and only if House Bill 2041 of the 103rd 
2General Assembly becomes law, then the Private College Act is 
3amended by adding Section 14.12 as follows:

4 (110 ILCS 1005/14.12 new)
5 Sec. 14.12. Transfer of Fund Balance. On the effective 
6date of this Section, or as soon thereafter as practical, the 
7State Comptroller shall direct and the State Treasurer shall 
8transfer the remaining balance from the Private College 
9Academic Quality Assurance Fund into the Academic Quality 
10Assurance Fund. Upon completion of the transfer, the Private 
11College Academic Quality Assurance Fund is dissolved, and any 
12future deposits due to that Fund and any outstanding 
13obligations or liabilities of that Fund pass to the Academic 
14Quality Assurance Fund. This Section is repealed on January 1, 
152024.

16 Section 5-120. The Illinois Health Benefits Exchange Law 
17is amended by adding Section 5-30 as follows:

18 (215 ILCS 122/5-30 new)
19 Sec. 5-30. Transfers from Insurance Producer 
20Administration Fund. During fiscal year 2024 only, at the 
21direction of and upon notification from the Director of 
22Insurance, the State Comptroller shall direct and the State 
 
 
10300HB3817sam002- 376 -LRB103 30519 JDS 62533 a


1Treasurer shall transfer up to a total of $10,000,000 from the 
2Insurance Producer Administration Fund to the Illinois Health 
3Benefits Exchange Fund. This Section is repealed on January 1, 
42025.

5 Section 5-121. The Auction License Act is amended by 
6changing Section 10-50 as follows:



7 (225 ILCS 407/10-50)


8 (Section scheduled to be repealed on January 1, 2030)

9 Sec. 10-50. Fees; disposition of funds.
 

10 (a) The Department shall establish by rule a schedule of 
11fees for the administration and maintenance of this Act. Such 
12fees shall be nonrefundable.
13 (b) Prior to July 1, 2023, all fees collected under this 
14Act shall be deposited into the General Professions Dedicated 
15Fund and appropriated to the Department for the ordinary and 
16contingent expenses of the Department in the administration of 
17this Act. Beginning on July 1, 2023, all fees, fines, 
18penalties, or other monies received or collected pursuant to 
19this Act shall be deposited in the Division of Real Estate 
20General Fund. On or after July 1, 2023, at the direction of the 
21Department, the Comptroller shall direct and the Treasurer 
22shall transfer the remaining balance of funds collected under 
23this Act from the General Professions Dedicated Fund to the 
24Division of Real Estate General Fund. 

 
 
10300HB3817sam002- 377 -LRB103 30519 JDS 62533 a


1(Source: P.A. 102-970, eff. 5-27-22.)


2 Section 5-123. The Illinois Horse Racing Act of 1975 is 
3amended by changing Sections 30 and 31 as follows:




4 (230 ILCS 5/30) (from Ch. 8, par. 37-30)



5 Sec. 30. 
(a) The General Assembly declares that it is the 
6policy of
this State to encourage the breeding of thoroughbred 
7horses in this
State and the ownership of such horses by 
8residents of this State in
order to provide for: sufficient 
9numbers of high quality thoroughbred
horses to participate in 
10thoroughbred racing meetings in this State,
and to establish 
11and preserve the agricultural and commercial benefits
of such 
12breeding and racing industries to the State of Illinois. It is

13the intent of the General Assembly to further this policy by 
14the
provisions of this Act.

15 (b) Each organization licensee conducting a thoroughbred

16racing meeting
pursuant to this Act shall provide at least two 
17races each day limited
to Illinois conceived and foaled horses 
18or Illinois foaled horses or
both. A minimum of 6 races shall 
19be conducted each week limited to
Illinois conceived and 
20foaled or Illinois foaled horses or both. No
horses shall be 
21permitted to start in such races unless duly registered
under 
22the rules of the Department of Agriculture.

23 (c) Conditions of races under subsection (b) shall be

24commensurate
with past performance, quality, and class of 
 
 
10300HB3817sam002- 378 -LRB103 30519 JDS 62533 a


1Illinois conceived and foaled
and Illinois foaled horses

2available. If, however, sufficient competition cannot be had 
3among
horses of that class on any day, the races may, with 
4consent of the
Board, be eliminated for that day and 
5substitute races provided.

6 (d) There is hereby created a special fund of the State 
7Treasury to
be known as the Illinois Thoroughbred Breeders 
8Fund. 

9 Beginning on June 28, 2019 (the effective date of Public 
10Act 101-31) this amendatory Act of the 101st General Assembly, 
11the Illinois Thoroughbred Breeders Fund shall become a 
12non-appropriated trust fund held separate from State moneys. 
13Expenditures from this Fund shall no longer be subject to 
14appropriation. 
15 Except as provided in subsection (g) of Section 27 of this 
16Act, 8.5% of all
the monies received by the State as
privilege 
17taxes on Thoroughbred racing meetings shall be paid into the 
18Illinois
Thoroughbred Breeders Fund.

19 Notwithstanding any provision of law to the contrary, 
20amounts deposited into the Illinois Thoroughbred Breeders Fund 
21from revenues generated by gaming pursuant to an organization 
22gaming license issued under the Illinois Gambling Act after 
23June 28, 2019 (the effective date of Public Act 101-31) this 
24amendatory Act of the 101st General Assembly shall be in 
25addition to tax and fee amounts paid under this Section for 
26calendar year 2019 and thereafter. 
 
 
10300HB3817sam002- 379 -LRB103 30519 JDS 62533 a


1 (e) The Illinois Thoroughbred Breeders Fund shall be 
2administered by
the Department of Agriculture
with the advice 
3and assistance of the
Advisory Board created in subsection (f) 
4of this Section.

5 (f) The Illinois Thoroughbred Breeders Fund Advisory Board 
6shall
consist of the Director of the Department of 
7Agriculture, who shall
serve as Chairman; a member of the 
8Illinois Racing Board, designated by
it; 2 representatives of 
9the organization licensees
conducting thoroughbred
racing 
10meetings, recommended by them; 2 representatives of the 
11Illinois
Thoroughbred Breeders and Owners Foundation, 
12recommended by it; one representative of the Horsemen's 
13Benevolent Protective Association; and one representative from 
14the Illinois Thoroughbred Horsemen's Association. Advisory 
15Board members shall serve for 2 years commencing January 1
of

16each odd numbered year. If representatives of the organization 
17licensees
conducting thoroughbred racing meetings, the 
18Illinois Thoroughbred Breeders and
Owners Foundation, the 
19Horsemen's Benevolent Protection Association, and the Illinois 
20Thoroughbred Horsemen's Association have
not been recommended 
21by January 1, of each odd numbered year, the Director of
the 
22Department of Agriculture shall make an appointment for the 
23organization
failing to so recommend a member of the Advisory 
24Board. Advisory Board members
shall receive no compensation 
25for their services as members but shall be
reimbursed for all 
26actual and necessary expenses and disbursements incurred in

 
 
10300HB3817sam002- 380 -LRB103 30519 JDS 62533 a


1the execution of their official duties.

2 (g) Monies expended
from the Illinois Thoroughbred 
3Breeders Fund shall be
expended by the Department of 
4Agriculture,
with the advice and
assistance of the Illinois 
5Thoroughbred Breeders Fund Advisory Board,
for the following 
6purposes only:

7  (1) To provide purse supplements to owners of horses 
8 participating
in races limited to Illinois conceived and 
9 foaled and Illinois foaled
horses. Any such purse 
10 supplements shall not be included in and shall
be paid in 
11 addition to any purses, stakes, or breeders' awards 
12 offered
by each organization licensee as determined by 
13 agreement between such
organization licensee and an 
14 organization representing the horsemen. No
monies from the 
15 Illinois Thoroughbred Breeders Fund shall be used to 
16 provide
purse supplements for claiming races in which the 
17 minimum claiming price is
less than $7,500.

18  (2) To provide stakes and awards to be paid to the 
19 owners of the
winning horses in certain races limited to 
20 Illinois conceived and foaled
and Illinois foaled horses 
21 designated as stakes races. 

22  (2.5) To provide an award to the owner or owners of an 
23 Illinois
conceived and foaled or Illinois foaled horse 
24 that wins a
maiden special weight, an allowance, overnight 
25 handicap race, or
claiming race with claiming price of 
26 $10,000 or more providing the race
is not restricted
to 
 
 
10300HB3817sam002- 381 -LRB103 30519 JDS 62533 a


1 Illinois conceived and foaled or Illinois foaled horses.

2 Awards shall
also be provided to the owner or owners of 
3 Illinois conceived and foaled and
Illinois foaled horses 
4 that place second or third in those races. To the
extent

5 that additional moneys are required to pay the minimum 
6 additional awards of 40%
of the purse the horse earns for 
7 placing first, second or third in those races
for Illinois 
8 foaled horses and of 60% of the purse the horse earns for 
9 placing
first, second or third in those races for Illinois

10 conceived and foaled horses, those moneys shall be 
11 provided from the purse
account at the track where earned.

12  (3) To provide stallion awards to the owner or owners 
13 of any
stallion that is duly registered with the Illinois 
14 Thoroughbred Breeders
Fund Program whose
duly registered 
15 Illinois conceived and foaled offspring wins a race 
16 conducted
at an Illinois
thoroughbred racing meeting other 
17 than a claiming race, provided that the stallion stood 
18 service within Illinois at the time the offspring was 
19 conceived and that the stallion did not stand for service 
20 outside of Illinois at any time during the year in which 
21 the offspring was conceived.

22  (4) To provide $75,000 annually for purses to be

23 distributed to
county fairs that provide for the running 
24 of races during each county
fair exclusively for the 
25 thoroughbreds conceived and foaled in
Illinois. The 
26 conditions of the races shall be developed by the county

 
 
10300HB3817sam002- 382 -LRB103 30519 JDS 62533 a


1 fair association and reviewed by the Department with the 
2 advice and
assistance of
the Illinois Thoroughbred 
3 Breeders Fund Advisory Board. There shall be no
wagering 
4 of any kind on the running
of
Illinois conceived and 
5 foaled races at county fairs.

6  (4.1) To provide purse money for an Illinois stallion 
7 stakes program.

8  (5) No less than 90% of all monies expended from the 
9 Illinois
Thoroughbred Breeders Fund shall be expended for 
10 the purposes in (1), (2),
(2.5), (3), (4), (4.1), and (5) 
11 as shown above.

12  (6) To provide for educational programs regarding the 
13 thoroughbred
breeding industry.

14  (7) To provide for research programs concerning the 
15 health,
development and care of the thoroughbred horse.

16  (8) To provide for a scholarship and training program 
17 for students
of equine veterinary medicine.

18  (9) To provide for dissemination of public information 
19 designed to
promote the breeding of thoroughbred horses in 
20 Illinois.

21  (10) To provide for all expenses incurred in the 
22 administration of
the Illinois Thoroughbred Breeders Fund.

23 (h) The Illinois Thoroughbred Breeders Fund is not subject 
24to administrative charges or chargebacks, including, but not 
25limited to, those authorized under Section 8h of the State 
26Finance Act.

 
 
10300HB3817sam002- 383 -LRB103 30519 JDS 62533 a


1 (i) A sum equal to 13% of the first prize money of every 
2purse won by an Illinois foaled or Illinois conceived and 
3foaled horse in races not limited to Illinois foaled horses or 
4Illinois conceived and foaled horses, or both, shall be paid 
5by the organization licensee conducting the horse race 
6meeting. Such sum shall be paid 50% from the organization 
7licensee's share of the money wagered and 50% from the purse 
8account as follows: 11 1/2% to the breeder of the winning horse 
9and 1 1/2% to the organization representing thoroughbred 
10breeders and owners who representative serves on the Illinois 
11Thoroughbred Breeders Fund Advisory Board for verifying the 
12amounts of breeders' awards earned, ensuring their 
13distribution in accordance with this Act, and servicing and 
14promoting the Illinois thoroughbred horse racing industry. 
15Beginning in the calendar year in which an organization 
16licensee that is eligible to receive payments under paragraph 
17(13) of subsection (g) of Section 26 of this Act begins to 
18receive funds from gaming pursuant to an organization gaming 
19license issued under the Illinois Gambling Act, a sum equal to 
2021 1/2% of the first prize money of every purse won by an 
21Illinois foaled or an Illinois conceived and foaled horse in 
22races not limited to an Illinois conceived and foaled horse, 
23or both, shall be paid 30% from the organization licensee's 
24account and 70% from the purse account as follows: 20% to the 
25breeder of the winning horse and 1 1/2% to the organization 
26representing thoroughbred breeders and owners whose 
 
 
10300HB3817sam002- 384 -LRB103 30519 JDS 62533 a


1representatives serve on the Illinois Thoroughbred Breeders 
2Fund Advisory Board for verifying the amounts of breeders' 
3awards earned, ensuring their distribution in accordance with 
4this Act, and servicing and promoting the Illinois 
5Thoroughbred racing industry. The
organization representing 
6thoroughbred breeders and owners shall cause all
expenditures 
7of monies received under this subsection (i) to be audited
at 
8least annually by a registered public accountant. The 
9organization
shall file copies of each annual audit with the 
10Racing Board, the Clerk of
the House of Representatives and 
11the Secretary of the Senate, and shall
make copies of each 
12annual audit available to the public upon request
and upon 
13payment of the reasonable cost of photocopying the requested

14number of copies. Such payments shall not reduce any award to 
15the owner of the
horse or reduce the taxes payable under this 
16Act. Upon completion of its
racing meet, each organization 
17licensee shall deliver to the organization
representing 
18thoroughbred breeders and owners whose representative serves 
19on
the Illinois Thoroughbred Breeders Fund Advisory Board a 
20listing of all the
Illinois foaled and the Illinois conceived 
21and foaled horses which won
breeders' awards and the amount of 
22such breeders' awards under this subsection
to verify accuracy 
23of payments and assure proper distribution of breeders'
awards 
24in accordance with the provisions of this Act. Such payments 
25shall be
delivered by the organization licensee within 30 days 
26of the end of each race
meeting.

 
 
10300HB3817sam002- 385 -LRB103 30519 JDS 62533 a


1 (j) A sum equal to 13% of the first prize money won in 
2every race limited to Illinois foaled horses or Illinois 
3conceived and foaled horses, or both, shall be paid in the 
4following manner by the organization licensee conducting the 
5horse race meeting, 50% from the organization licensee's share 
6of the money wagered and 50% from the purse account as follows: 
711 1/2% to the breeders of the horses in each such race which 
8are the official first, second, third, and fourth finishers 
9and 1 1/2% to the organization representing thoroughbred 
10breeders and owners whose representatives serve on the 
11Illinois Thoroughbred Breeders Fund Advisory Board for 
12verifying the amounts of breeders' awards earned, ensuring 
13their proper distribution in accordance with this Act, and 
14servicing and promoting the Illinois horse racing industry. 
15Beginning in the calendar year in which an organization 
16licensee that is eligible to receive payments under paragraph 
17(13) of subsection (g) of Section 26 of this Act begins to 
18receive funds from gaming pursuant to an organization gaming 
19license issued under the Illinois Gambling Act, a sum of 21 
201/2% of every purse in a race limited to Illinois foaled horses 
21or Illinois conceived and foaled horses, or both, shall be 
22paid by the organization licensee conducting the horse race 
23meeting. Such sum shall be paid 30% from the organization 
24licensee's account and 70% from the purse account as follows: 
2520% to the breeders of the horses in each such race who are 
26official first, second, third and fourth finishers and 1 1/2% 
 
 
10300HB3817sam002- 386 -LRB103 30519 JDS 62533 a


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

20 The amounts paid to the breeders in accordance with this 
21subsection
shall be distributed as follows:

22  (1) 60% of such sum shall be paid to the breeder of the 
23 horse which
finishes in the official first position;

24  (2) 20% of such sum shall be paid to the breeder of the 
25 horse which
finishes in the official second position;

26  (3) 15% of such sum shall be paid to the breeder of the 
 
 
10300HB3817sam002- 387 -LRB103 30519 JDS 62533 a


1 horse which
finishes in the official third position; and

2  (4) 5% of such sum shall be paid to the breeder of the 
3 horse which
finishes in the official fourth position.

4 Such payments shall not reduce any award to the owners of a 
5horse or
reduce the taxes payable under this Act. Upon 
6completion of its racing meet,
each organization licensee 
7shall deliver to the organization representing
thoroughbred 
8breeders and owners whose representative serves on the 
9Illinois
Thoroughbred Breeders Fund Advisory Board a listing 
10of all the Illinois foaled
and the Illinois conceived and 
11foaled horses which won breeders' awards and the
amount of 
12such breeders' awards in accordance with the provisions of 
13this Act.
Such payments shall be delivered by the organization 
14licensee within 30 days of
the end of each race meeting.

15 (k) The term "breeder", as used herein, means the owner of 
16the mare at
the time the foal is dropped. An "Illinois foaled 
17horse" is a foal
dropped by a mare which enters this State on 
18or before December 1, in the
year in which the horse is bred,

19provided the mare remains continuously in this State until its 
20foal is born. An
"Illinois
foaled
horse" also means a foal born 
21of a mare in the same year
as the
mare enters this State on or 
22before March 1,
and remains in this State at
least 30
days 
23after foaling, is bred back during the season of the foaling to

24an
Illinois Registered Stallion (unless a veterinarian 
25certifies that the mare
should not be bred for health 
26reasons), and is not bred to a stallion
standing in any other 
 
 
10300HB3817sam002- 388 -LRB103 30519 JDS 62533 a


1state during the season of foaling. An "Illinois
foaled horse" 
2also means a foal born in Illinois of a mare purchased at 
3public
auction
subsequent to the mare entering this State on 
4or before March 1 of the foaling
year providing the mare is 
5owned solely by one or more Illinois residents or an
Illinois

6entity that is entirely owned by one or more Illinois 
7residents. 

8 (l) The Department of Agriculture shall, by rule, with the 
9advice
and assistance of the Illinois Thoroughbred Breeders 
10Fund Advisory
Board:

11  (1) Qualify stallions for Illinois breeding; such 
12 stallions to stand for
service within the State of 
13 Illinois at the time of a foal's conception. Such
stallion 
14 must not stand for service at any place outside the State 
15 of Illinois
during the calendar year in which the foal is 
16 conceived.
The Department of Agriculture may assess and 
17 collect an application fee of up to $500 for the

18 registration of Illinois-eligible stallions. All fees 
19 collected are to be held in trust accounts for the 
20 purposes set forth in this Act and in accordance with 
21 Section 205-15 of the Department of Agriculture Law.

22  (2) Provide for the registration of Illinois conceived 
23 and foaled
horses and Illinois foaled horses. No such 
24 horse shall compete in
the races limited to Illinois 
25 conceived and foaled horses or Illinois
foaled horses or 
26 both unless registered with the Department of
Agriculture. 
 
 
10300HB3817sam002- 389 -LRB103 30519 JDS 62533 a


1 The Department of Agriculture may prescribe such forms as

2 are necessary to determine the eligibility of such horses. 
3 The Department of
Agriculture may assess and collect 
4 application fees for the registration of
Illinois-eligible 
5 foals. All fees collected are to be held in trust accounts 
6 for the purposes set forth in this Act and in accordance 
7 with Section 205-15 of the Department of Agriculture Law. 
8 No person
shall knowingly prepare or cause preparation of 
9 an application for
registration of such foals containing 
10 false information.

11 (m) The Department of Agriculture, with the advice and 
12assistance of
the Illinois Thoroughbred Breeders Fund Advisory 
13Board, shall provide that certain races
limited to Illinois 
14conceived and foaled and Illinois foaled horses be
stakes 
15races and determine the total amount of stakes and awards to be 
16paid
to the owners of the winning horses in such races.

17 In determining the stakes races and the amount of awards 
18for such races,
the Department of Agriculture shall consider 
19factors, including but not
limited to, the amount of money 
20transferred into appropriated for the Illinois Thoroughbred

21Breeders Fund program, organization licensees' contributions,

22availability of stakes caliber horses as demonstrated by past 
23performances,
whether the race can be coordinated into the 
24proposed racing dates within
organization licensees' racing 
25dates, opportunity for
colts and fillies
and various age 
26groups to race, public wagering on such races, and the

 
 
10300HB3817sam002- 390 -LRB103 30519 JDS 62533 a


1previous racing schedule.

2 (n) The Board and the organization licensee shall
notify 
3the Department of the conditions and minimum purses for races

4limited to Illinois conceived and foaled and Illinois foaled 
5horses
conducted for each organization licensee conducting a 
6thoroughbred racing
meeting. The Department of Agriculture 
7with the advice and assistance of
the Illinois Thoroughbred 
8Breeders Fund Advisory Board may allocate monies
for purse 
9supplements for such races. In determining whether to allocate

10money and the amount, the Department of Agriculture shall 
11consider factors,
including but not limited to, the amount of 
12money transferred into appropriated for the
Illinois 
13Thoroughbred Breeders Fund program, the number of races that 
14may
occur, and the organization licensee's purse structure.

15 (o) (Blank).

16(Source: P.A. 101-31, eff. 6-28-19.)





17 (230 ILCS 5/31) (from Ch. 8, par. 37-31)



18 Sec. 31. 
(a) The General Assembly declares that it is the 
19policy of
this State to encourage the breeding of standardbred 
20horses in this
State and the ownership of such horses by 
21residents of this State in
order to provide for: sufficient 
22numbers of high quality standardbred
horses to participate in 
23harness racing meetings in this State, and to
establish and 
24preserve the agricultural and commercial benefits of such

25breeding and racing industries to the State of Illinois. It is 
 
 
10300HB3817sam002- 391 -LRB103 30519 JDS 62533 a


1the
intent of the General Assembly to further this policy by 
2the provisions
of this Section of this Act.

3 (b) Each organization licensee conducting a harness
racing 
4meeting pursuant to this Act shall provide for at least two 
5races each
race program limited to
Illinois conceived and 
6foaled horses. A minimum of 6 races shall be
conducted each 
7week limited to Illinois conceived and foaled horses. No

8horses shall be permitted to start in such races unless duly 
9registered
under the rules of the Department of Agriculture.

10 (b-5) Organization licensees, not including the Illinois 
11State Fair or the DuQuoin State Fair, shall provide stake 
12races and early closer races for Illinois conceived and foaled 
13horses so that purses distributed for such races shall be no 
14less than 17% of total purses distributed for harness racing 
15in that calendar year in addition to any stakes payments and 
16starting fees contributed by horse owners. 
17 (b-10) Each organization licensee conducting a harness 
18racing meeting
pursuant to this Act shall provide an owner 
19award to be paid from the purse
account equal to 12% of the 
20amount earned by Illinois conceived and foaled
horses 
21finishing in the first 3 positions in races that are not 
22restricted to Illinois conceived and foaled
horses. The owner 
23awards shall not be paid on races below the $10,000 claiming 
24class. 
25 (c) Conditions of races under subsection (b) shall be 
26commensurate
with past performance, quality and class of 
 
 
10300HB3817sam002- 392 -LRB103 30519 JDS 62533 a


1Illinois conceived and
foaled horses available. If, however, 
2sufficient competition cannot be
had among horses of that 
3class on any day, the races may, with consent
of the Board, be 
4eliminated for that day and substitute races provided.

5 (d) There is hereby created a special fund of the State 
6Treasury to
be known as the Illinois Standardbred Breeders 
7Fund. Beginning on June 28, 2019 (the effective date of Public 
8Act 101-31), the Illinois Standardbred Breeders Fund shall 
9become a non-appropriated trust fund held separate and apart 
10from State moneys. Expenditures from this Fund shall no longer 
11be subject to appropriation. 

12 During the calendar year 1981, and each year thereafter, 
13except as provided
in subsection (g) of Section 27 of this Act, 
14eight and one-half
per cent of all the monies received by the 
15State as privilege taxes on
harness racing meetings shall be 
16paid into the Illinois Standardbred
Breeders Fund.

17 (e) Notwithstanding any provision of law to the contrary, 
18amounts deposited into the Illinois Standardbred Breeders Fund 
19from revenues generated by gaming pursuant to an organization 
20gaming license issued under the Illinois Gambling Act after 
21June 28, 2019 (the effective date of Public Act 101-31) shall 
22be in addition to tax and fee amounts paid under this Section 
23for calendar year 2019 and thereafter. The Illinois 
24Standardbred Breeders Fund shall be administered by
the 
25Department of Agriculture with the assistance and advice of 
26the
Advisory Board created in subsection (f) of this Section.

 
 
10300HB3817sam002- 393 -LRB103 30519 JDS 62533 a


1 (f) The Illinois Standardbred Breeders Fund Advisory Board 
2is hereby
created. The Advisory Board shall consist of the 
3Director of the
Department of Agriculture, who shall serve as 
4Chairman; the
Superintendent of the Illinois State Fair; a 
5member of the Illinois
Racing Board, designated by it; a 
6representative of the largest association of Illinois 
7standardbred owners and breeders, recommended by it; a

8representative of a statewide association representing 
9agricultural fairs in Illinois,
recommended by it, such 
10representative to be from a fair at which
Illinois conceived 
11and foaled racing is conducted; a representative of
the 
12organization licensees conducting harness racing
meetings, 
13recommended by them; a representative of the Breeder's 
14Committee of the association representing the largest number 
15of standardbred owners, breeders, trainers, caretakers, and 
16drivers, recommended by it;
and a representative of the 
17association representing the largest number of standardbred 
18owners, breeders, trainers, caretakers, and drivers,

19recommended by it. Advisory Board members shall serve for 2 
20years
commencing January 1 of each odd numbered year. If 
21representatives of
the largest association of Illinois 
22standardbred owners and breeders, a statewide association of 
23agricultural fairs in Illinois, the association representing 
24the largest number of standardbred owners, breeders, trainers, 
25caretakers, and drivers, a member of the Breeder's Committee 
26of the association representing the largest number of 
 
 
10300HB3817sam002- 394 -LRB103 30519 JDS 62533 a


1standardbred owners, breeders, trainers, caretakers, and 
2drivers, and the organization licensees conducting
harness 
3racing meetings
have not been recommended by January 1 of each 
4odd numbered year, the
Director of the Department of 
5Agriculture shall make an appointment for
the organization 
6failing to so recommend a member of the Advisory Board.

7Advisory Board members shall receive no compensation for their 
8services
as members but shall be reimbursed for all actual and 
9necessary expenses
and disbursements incurred in the execution 
10of their official duties.

11 (g) Monies expended
from the Illinois Standardbred 
12Breeders Fund shall be
expended by the Department of 
13Agriculture, with the assistance and
advice of the Illinois 
14Standardbred Breeders Fund Advisory Board for the
following 
15purposes only:

16  1. To provide purses for races limited to Illinois 
17 conceived and
foaled horses at the State Fair and the 
18 DuQuoin State Fair. 

19  2. To provide purses for races limited to Illinois 
20 conceived and
foaled horses at county fairs. 

21  3. To provide purse supplements for races limited to 
22 Illinois
conceived and foaled horses conducted by 
23 associations conducting harness
racing meetings. 

24  4. No less than 75% of all monies in the Illinois 
25 Standardbred
Breeders Fund shall be expended for purses in 
26 1, 2, and 3 as shown above.

 
 
10300HB3817sam002- 395 -LRB103 30519 JDS 62533 a


1  5. In the discretion of the Department of Agriculture 
2 to provide
awards to harness breeders of Illinois 
3 conceived and foaled horses which
win races conducted by 
4 organization licensees
conducting harness racing meetings.

5 A breeder is the owner of a mare at the time of conception. 
6 No more
than 10% of all moneys transferred into monies 
7 appropriated from the Illinois
Standardbred Breeders Fund 
8 shall
be expended for such harness breeders awards. No 
9 more than 25% of the
amount expended for harness breeders 
10 awards shall be expended for
expenses incurred in the 
11 administration of such harness breeders awards.

12  6. To pay for the improvement of racing facilities 
13 located at the
State Fair and County fairs.

14  7. To pay the expenses incurred in the administration 
15 of the
Illinois Standardbred Breeders Fund.

16  8. To promote the sport of harness racing, including 
17 grants up to a
maximum of $7,500 per fair per year for 
18 conducting pari-mutuel wagering during the advertised 
19 dates of a
county fair.

20  9. To pay up to $50,000 annually for the Department of 
21 Agriculture to conduct drug testing at county fairs racing 
22 standardbred horses.
23 (h) The Illinois Standardbred Breeders Fund is not subject 
24to administrative charges or chargebacks, including, but not 
25limited to, those authorized under Section 8h of the State 
26Finance Act.

 
 
10300HB3817sam002- 396 -LRB103 30519 JDS 62533 a


1 (i) A sum equal to 13% of the first prize money of the 
2gross purse
won by an Illinois conceived and foaled horse 
3shall be paid 50% by the
organization licensee conducting the 
4horse race meeting to the breeder
of such winning horse from 
5the organization licensee's account and 50% from the purse 
6account of the licensee.
Such payment
shall not reduce any 
7award to the owner of
the horse or reduce the taxes payable 
8under this Act. Such payment
shall be delivered by the 
9organization licensee at the end of each quarter.

10 (j) The Department of Agriculture shall, by rule, with the

11assistance and advice of the Illinois Standardbred Breeders 
12Fund
Advisory Board:

13  1. Qualify stallions for Illinois Standardbred 
14 Breeders Fund breeding. Such stallion shall
stand for

15 service at and within the State of Illinois at the time of 
16 a foal's
conception, and such stallion must not stand for 
17 service at any place
outside the State of Illinois during 
18 that calendar year in which the
foal is conceived. 
19 However, on and after January 1, 2018, semen from an 
20 Illinois stallion may be transported outside the State of 
21 Illinois.


22  2. Provide for the registration of Illinois conceived 
23 and foaled
horses and no such horse shall compete in the 
24 races limited to Illinois
conceived and foaled horses 
25 unless registered with the Department of
Agriculture. The 
26 Department of Agriculture may prescribe such forms as
may 
 
 
10300HB3817sam002- 397 -LRB103 30519 JDS 62533 a


1 be necessary to determine the eligibility of such horses. 
2 No person
shall knowingly prepare or cause preparation of 
3 an application for
registration of such foals containing 
4 false information.
A mare (dam) must be in the State at 
5 least 30 days prior to foaling or
remain in the State at 
6 least 30 days at the time of foaling. However, the 
7 requirement that a mare (dam) must be in the State at least 
8 30 days before foaling or remain in the State at least 30 
9 days at the time of foaling shall not be in effect from 
10 January 1, 2018 until January 1, 2022.
Beginning with the 
11 1996 breeding season and for foals of 1997 and thereafter,

12 a foal conceived by transported semen may be eligible for 
13 Illinois
conceived and foaled registration provided all 
14 breeding and foaling
requirements are met. The stallion 
15 must be qualified for Illinois Standardbred
Breeders Fund 
16 breeding at the time of conception. The foal must be 
17 dropped in Illinois
and properly registered with the 
18 Department of Agriculture in accordance with
this Act. 
19 However, from January 1, 2018 until January 1, 2022, the 
20 requirement for a mare to be inseminated within the State 
21 of Illinois and the requirement for a foal to be dropped in 
22 Illinois are inapplicable. 

23  3. Provide that at least a 5-day racing program shall 
24 be conducted
at the State Fair each year, unless an 
25 alternate racing program is requested by the Illinois 
26 Standardbred Breeders Fund Advisory Board, which program 
 
 
10300HB3817sam002- 398 -LRB103 30519 JDS 62533 a


1 shall include at least the
following races limited to 
2 Illinois conceived and foaled horses: (a) a 2-year-old

3 Trot and Pace, and Filly Division of each; (b) a 
4 3-year-old Trot and Pace, and Filly Division of each; (c) 
5 an aged Trot and Pace,
and Mare Division of each.

6  4. Provide for the payment of nominating, sustaining 
7 and starting
fees for races promoting the sport of harness 
8 racing and for the races
to be conducted at the State Fair 
9 as provided in
subsection (j) 3 of this Section provided 
10 that the nominating,
sustaining and starting payment 
11 required from an entrant shall not
exceed 2% of the purse 
12 of such race. All nominating, sustaining and
starting 
13 payments shall be held for the benefit of entrants and 
14 shall be
paid out as part of the respective purses for such 
15 races.
Nominating, sustaining and starting fees shall be 
16 held in trust accounts
for the purposes as set forth in 
17 this Act and in accordance with Section
205-15 of the 
18 Department of Agriculture Law.

19  5. Provide for the registration with the Department of 
20 Agriculture
of Colt Associations or county fairs desiring 
21 to sponsor races at county
fairs.

22  6. Provide for the promotion of producing standardbred 
23 racehorses by providing a bonus award program for owners 
24 of 2-year-old horses that win multiple major stakes races 
25 that are limited to Illinois conceived and foaled horses. 
26 (k) The Department of Agriculture, with the advice and 
 
 
10300HB3817sam002- 399 -LRB103 30519 JDS 62533 a


1assistance of the
Illinois
Standardbred Breeders Fund Advisory 
2Board, may allocate monies for purse
supplements for such 
3races. In determining whether to allocate money and
the 
4amount, the Department
of Agriculture shall consider factors, 
5including, but not limited to, the
amount of money transferred 
6into appropriated for the Illinois Standardbred Breeders Fund

7program, the number of races that may occur, and an 
8organization
licensee's purse structure. The organization 
9licensee shall notify the
Department of Agriculture of the 
10conditions and minimum purses for races
limited to Illinois 
11conceived and foaled horses to be conducted by each 
12organization
licensee conducting a harness racing meeting for 
13which purse
supplements have been negotiated.

14 (l) All races held at county fairs and the State Fair which 
15receive funds
from the Illinois Standardbred Breeders Fund 
16shall be conducted in
accordance with the rules of the United 
17States Trotting Association unless
otherwise modified by the 
18Department of Agriculture.

19 (m) At all standardbred race meetings held or conducted 
20under authority of a
license granted by the Board, and at all 
21standardbred races held at county
fairs which are approved by 
22the Department of Agriculture or at the
Illinois or DuQuoin 
23State Fairs, no one shall jog, train, warm up or drive
a 
24standardbred horse unless he or she is wearing a protective 
25safety helmet,
with the
chin strap fastened and in place, 
26which meets the standards and
requirements as set forth in the 
 
 
10300HB3817sam002- 400 -LRB103 30519 JDS 62533 a


11984 Standard for Protective Headgear for
Use in Harness 
2Racing and Other Equestrian Sports published by the Snell

3Memorial Foundation, or any standards and requirements for 
4headgear the
Illinois Racing Board may approve. Any other 
5standards and requirements so
approved by the Board shall 
6equal or exceed those published by the Snell
Memorial 
7Foundation. Any equestrian helmet bearing the Snell label 
8shall
be deemed to have met those standards and requirements.

9(Source: P.A. 101-31, eff. 6-28-19; 101-157, eff. 7-26-19; 
10102-558, eff. 8-20-21; 102-689, eff. 12-17-21.)


11 Section 5-125. The Illinois Public Aid Code is amended by 
12changing Section 12-10.7a as follows:

13 (305 ILCS 5/12-10.7a)

14 Sec. 12-10.7a. The Money Follows the Person Budget 
15Transfer Fund is hereby created as a special fund in the State 
16treasury.
17 (a) Notwithstanding any State law to the contrary, the 
18following moneys shall be deposited into the Fund:
19  (1) enhanced federal financial participation funds 
20 related to any spending under a Money Follows the Person 
21 demonstration project or initiative, as approved by the 
22 federal Centers for Medicare and Medicaid Services on May 
23 14, 2007, and as codified at 20 ILCS 2407/51 et seq., 
24 regardless of whether such spending occurred from the 
 
 
10300HB3817sam002- 401 -LRB103 30519 JDS 62533 a


1 Money Follows the Person Budget Transfer Fund;
2  (2) federal financial participation funds related to 
3 any spending under a Money Follows the Person 
4 demonstration project or initiative, as approved by the 
5 federal Centers for Medicare and Medicaid Services on May 
6 14, 2007, and as codified at 20 ILCS 2407/51 et seq., that 
7 occurred from the Money Follows the Person Budget Transfer 
8 Fund;
9  (2.5) other federal funds awarded for a Money Follows

10 the Person demonstration project or initiative, as 
11 approved by the federal Centers for Medicare and Medicaid 
12 Services and codified at 20 ILCS 2407/51 et seq.; 
13  (3) deposits made via the voucher-warrant process from 
14 institutional long-term care appropriations to the 
15 Department of Healthcare and Family Services and 
16 institutional developmentally disabled long-term care 
17 appropriations to the Department of Human Services;
18  (4) deposits made via the voucher-warrant process from 
19 appropriation lines used to fund community-based services 
20 for individuals eligible for nursing facility level of 
21 care to the Department of Human Services, the Department 
22 on Aging, or the Department of Healthcare and Family 
23 Services;
24  (5) interest earned on moneys in the Fund; and
25  (6) all other moneys received by the Fund from any 
26 source.
 
 
10300HB3817sam002- 402 -LRB103 30519 JDS 62533 a


1 (b) Subject to appropriation, moneys in the Fund may be 
2used by the Department of Healthcare and Family Services for 
3reimbursement or payment for:
4  (1) expenses related to rebalancing long-term care 
5 services between institutional and community-based 
6 settings as authorized under a Money Follows the Person 
7 demonstration project or initiative, as approved by the 
8 federal Centers for Medicare and Medicaid Services on May 
9 14, 2007, and as codified at 20 ILCS 2407/51 et seq., 
10 including, but not limited to, reimbursement to other 
11 entities of State government for related expenditures;
12  (2) expenses for community-based services for 
13 individuals eligible for nursing facility level of care in 
14 the Department of Human Services, the Department on Aging, 
15 or the Department of Healthcare and Family Services to the 
16 extent the expenses reimbursed or paid are in excess of 
17 the amounts budgeted to those Departments each fiscal year 
18 for persons transitioning out of institutional long-term 
19 care settings under a Money Follows the Person 
20 demonstration project or initiative, as approved by the 
21 federal Centers for Medicare and Medicaid Services on May 
22 14, 2007, and as codified at 20 ILCS 2407/51 et seq.;
23  (3) expenses for institutional long-term care services 
24 at the Department of Healthcare and Family Services to the 
25 extent that the expenses reimbursed or paid are for 
26 services in excess of the amount budgeted to the 
 
 
10300HB3817sam002- 403 -LRB103 30519 JDS 62533 a


1 Department each fiscal year for persons who had or 
2 otherwise were expected to transition out of institutional 
3 long-term care settings under a Money Follows the Person 
4 demonstration project or initiative, as approved by the 
5 federal Centers for Medicare and Medicaid Services on May 
6 14, 2007, and as codified at 20 ILCS 2407/51 et seq.; and
7  (4) expenses, including operational, administrative, 
8 and refund expenses, necessary to implement and operate a 
9 Money Follows the Person demonstration project or 
10 initiative, as approved by the federal Centers for 
11 Medicare and Medicaid Services on May 14, 2007, and as 
12 codified at 20 ILCS 2407/51 et seq.
13 Expenses reimbursed or paid on behalf of other agencies by 
14the Department of Healthcare and Family Services under this 
15subsection shall be pursuant to an interagency agreement and 
16allowable under a Money Follows the Person demonstration 
17project or initiative, as approved by the federal Centers for 
18Medicare and Medicaid Services on May 14, 2007, and as 
19codified at 20 ILCS 2407/51 et seq. 

20(Source: P.A. 95-744, eff. 7-18-08.)

21 Section 5-127. The Early Mental Health and Addictions 
22Treatment Act is amended by adding Section 15 as follows:

23 (305 ILCS 65/15 new)
24 Sec. 15. Availability of naloxone formulations. The 
 
 
10300HB3817sam002- 404 -LRB103 30519 JDS 62533 a


1Department of Human Services shall, as part of the fiscal year 
22024 Drug Overdose Prevention Program, make all FDA-approved 
3formulations of naloxone that are cleared through the 
4Minnesota Multistate Contracting Alliance for Pharmacy, and 
5for which the manufacturer can set up a system for receiving, 
6tracking, and distribution, available to eligible Drug 
7Overdose Prevention Program participants and applicants.

8 Section 5-130. The Cannabis Regulation and Tax Act is 
9amended by changing Section 7-10 as follows:

10 (410 ILCS 705/7-10)

11 Sec. 7-10. Cannabis Business Development Fund. 
12 (a) There is created in the State treasury a special fund, 
13which shall be held separate and apart from all other State 
14moneys, to be known as the Cannabis Business Development Fund. 
15The Cannabis Business Development Fund shall be exclusively 
16used for the following purposes:
17  (1) to provide low-interest rate loans to Qualified 
18 Social Equity Applicants to pay for ordinary and necessary 
19 expenses to start and operate a cannabis business 
20 establishment permitted by this Act;
21  (2) to provide grants to Qualified Social Equity 
22 Applicants to pay for ordinary and necessary expenses to 
23 start and operate a cannabis business establishment 
24 permitted by this Act;
 
 
10300HB3817sam002- 405 -LRB103 30519 JDS 62533 a


1  (3) to compensate the Department of Commerce and 
2 Economic Opportunity for any costs related to the 
3 provision of low-interest loans and grants to Qualified 
4 Social Equity Applicants; 
5  (4) to pay for outreach that may be provided or 
6 targeted to attract and support Social Equity Applicants 
7 and Qualified Social Equity Applicants;
8  (5) (blank); 
9  (6) to conduct any study or research concerning the 
10 participation of minorities, women, veterans, or people 
11 with disabilities in the cannabis industry, including, 
12 without limitation, barriers to such individuals entering 
13 the industry as equity owners of cannabis business 
14 establishments;
15  (7) (blank); and
16  (8) to assist with job training and technical 
17 assistance for residents in Disproportionately Impacted 
18 Areas.
19 (b) All moneys collected under Sections 15-15 and 15-20 
20for Early Approval Adult Use Dispensing Organization Licenses 
21issued before January 1, 2021 and remunerations made as a 
22result of transfers of permits awarded to Qualified Social 
23Equity Applicants shall be deposited into the Cannabis 
24Business Development Fund.
25 (c) (Blank). As soon as practical after July 1, 2019, the 
26Comptroller shall order and the Treasurer shall transfer 
 
 
10300HB3817sam002- 406 -LRB103 30519 JDS 62533 a


1$12,000,000 from the Compassionate Use of Medical Cannabis 
2Fund to the Cannabis Business Development Fund.
3 (c-5) In addition to any other transfers that may be 
4provided for by law, on July 1, 2023, or as soon thereafter as 
5practical, the State Comptroller shall direct and the State 
6Treasurer shall transfer the sum of $40,000,000 from the 
7Compassionate Use of Medical Cannabis Fund to the Cannabis 
8Business Development Fund. 
9 (d) Notwithstanding any other law to the contrary, the 
10Cannabis Business Development Fund is not subject to sweeps, 
11administrative charge-backs, or any other fiscal or budgetary 
12maneuver that would in any way transfer any amounts from the 
13Cannabis Business Development Fund into any other fund of the 
14State.

15(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

16 Section 5-135. The Environmental Protection Act is amended 
17by changing Sections 22.15 and 57.11 as follows:



18 (415 ILCS 5/22.15)


19 Sec. 22.15. Solid Waste Management Fund; fees. 

20 (a) There is hereby created within the State Treasury a

21special fund to be known as the Solid Waste Management Fund, to 
22be
constituted from the fees collected by the State pursuant 
23to this Section,
from repayments of loans made from the Fund 
24for solid waste projects, from registration fees collected 
 
 
10300HB3817sam002- 407 -LRB103 30519 JDS 62533 a


1pursuant to the Consumer Electronics Recycling Act, and from 
2amounts transferred into the Fund pursuant to Public Act 
3100-433.
Moneys received by either the Agency or the 
4Department of Commerce and Economic Opportunity
in repayment 
5of loans made pursuant to the Illinois Solid Waste Management

6Act shall be deposited into the General Revenue Fund.

7 (b) The Agency shall assess and collect a
fee in the amount 
8set forth herein from the owner or operator of each sanitary

9landfill permitted or required to be permitted by the Agency 
10to dispose of
solid waste if the sanitary landfill is located 
11off the site where such waste
was produced and if such sanitary 
12landfill is owned, controlled, and operated
by a person other 
13than the generator of such waste. The Agency shall deposit
all 
14fees collected into the Solid Waste Management Fund. If a site 
15is
contiguous to one or more landfills owned or operated by the 
16same person, the
volumes permanently disposed of by each 
17landfill shall be combined for purposes
of determining the fee 
18under this subsection. Beginning on July 1, 2018, and on the 
19first day of each month thereafter during fiscal years 2019 
20through 2024 2023, the State Comptroller shall direct and 
21State Treasurer shall transfer an amount equal to 1/12 of 
22$5,000,000 per fiscal year from the Solid Waste Management 
23Fund to the General Revenue Fund. 

24  (1) If more than 150,000 cubic yards of non-hazardous 
25 solid waste is
permanently disposed of at a site in a 
26 calendar year, the owner or operator
shall either pay a 
 
 
10300HB3817sam002- 408 -LRB103 30519 JDS 62533 a


1 fee of 95 cents per cubic yard or,
alternatively, the 
2 owner or operator may weigh the quantity of the solid 
3 waste
permanently disposed of with a device for which 
4 certification has been obtained
under the Weights and 
5 Measures Act and pay a fee of $2.00 per
ton of solid waste 
6 permanently disposed of. In no case shall the fee 
7 collected
or paid by the owner or operator under this 
8 paragraph exceed $1.55 per cubic yard or $3.27 per ton.

9  (2) If more than 100,000 cubic yards but not more than 
10 150,000 cubic
yards of non-hazardous waste is permanently 
11 disposed of at a site in a calendar
year, the owner or 
12 operator shall pay a fee of $52,630.

13  (3) If more than 50,000 cubic yards but not more than 
14 100,000 cubic
yards of non-hazardous solid waste is 
15 permanently disposed of at a site
in a calendar year, the 
16 owner or operator shall pay a fee of $23,790.

17  (4) If more than 10,000 cubic yards but not more than 
18 50,000 cubic
yards of non-hazardous solid waste is 
19 permanently disposed of at a site
in a calendar year, the 
20 owner or operator shall pay a fee of $7,260.

21  (5) If not more than 10,000 cubic yards of 
22 non-hazardous solid waste is
permanently disposed of at a 
23 site in a calendar year, the owner or operator
shall pay a 
24 fee of $1050.

25 (c) (Blank).

26 (d) The Agency shall establish rules relating to the 
 
 
10300HB3817sam002- 409 -LRB103 30519 JDS 62533 a


1collection of the
fees authorized by this Section. Such rules 
2shall include, but not be
limited to:

3  (1) necessary records identifying the quantities of 
4 solid waste received
or disposed;

5  (2) the form and submission of reports to accompany 
6 the payment of fees
to the Agency;

7  (3) the time and manner of payment of fees to the 
8 Agency, which payments
shall not be more often than 
9 quarterly; and

10  (4) procedures setting forth criteria establishing 
11 when an owner or
operator may measure by weight or volume 
12 during any given quarter or other
fee payment period.

13 (e) Pursuant to appropriation, all monies in the Solid 
14Waste Management
Fund shall be used by the Agency for the 
15purposes set forth in this Section and in the Illinois
Solid 
16Waste Management Act, including for the costs of fee 
17collection and
administration, and for the administration of 
18the Consumer Electronics Recycling Act and the Drug Take-Back 
19Act.

20 (f) The Agency is authorized to enter into such agreements 
21and to
promulgate such rules as are necessary to carry out its 
22duties under this
Section and the Illinois Solid Waste 
23Management Act.

24 (g) On the first day of January, April, July, and October 
25of each year,
beginning on July 1, 1996, the State Comptroller 
26and Treasurer shall
transfer $500,000 from the Solid Waste 
 
 
10300HB3817sam002- 410 -LRB103 30519 JDS 62533 a


1Management Fund to the Hazardous Waste
Fund. Moneys 
2transferred under this subsection (g) shall be used only for 
3the
purposes set forth in item (1) of subsection (d) of Section 
422.2.

5 (h) The Agency is authorized to provide financial 
6assistance to units of
local government for the performance of 
7inspecting, investigating, and
enforcement activities pursuant 
8to subsection (r) of Section 4 Section 4(r) at nonhazardous 
9solid
waste disposal sites.

10 (i) The Agency is authorized to conduct household waste 
11collection and
disposal programs.

12 (j) A unit of local government, as defined in the Local 
13Solid Waste Disposal
Act, in which a solid waste disposal 
14facility is located may establish a fee,
tax, or surcharge 
15with regard to the permanent disposal of solid waste.
All 
16fees, taxes, and surcharges collected under this subsection 
17shall be
utilized for solid waste management purposes, 
18including long-term monitoring
and maintenance of landfills, 
19planning, implementation, inspection, enforcement
and other 
20activities consistent with the Solid Waste Management Act and 
21the
Local Solid Waste Disposal Act, or for any other 
22environment-related purpose,
including, but not limited to, an 
23environment-related public works project, but
not for the 
24construction of a new pollution control facility other than a

25household hazardous waste facility. However, the total fee, 
26tax or surcharge
imposed by all units of local government 
 
 
10300HB3817sam002- 411 -LRB103 30519 JDS 62533 a


1under this subsection (j) upon the
solid waste disposal 
2facility shall not exceed:

3  (1) 60¢ per cubic yard if more than 150,000 cubic 
4 yards of non-hazardous
solid waste is permanently disposed 
5 of at the site in a calendar year, unless
the owner or 
6 operator weighs the quantity of the solid waste received 
7 with a
device for which certification has been obtained 
8 under the Weights and Measures
Act, in which case the fee 
9 shall not exceed $1.27 per ton of solid waste
permanently 
10 disposed of.

11  (2) $33,350 if more than 100,000
cubic yards, but not 
12 more than 150,000 cubic yards, of non-hazardous waste
is 
13 permanently disposed of at the site in a calendar year.

14  (3) $15,500 if more than 50,000 cubic
yards, but not 
15 more than 100,000 cubic yards, of non-hazardous solid 
16 waste is
permanently disposed of at the site in a calendar 
17 year.

18  (4) $4,650 if more than 10,000 cubic
yards, but not 
19 more than 50,000 cubic yards, of non-hazardous solid waste

20 is permanently disposed of at the site in a calendar year.

21  (5) $650 if not more than 10,000 cubic
yards of 
22 non-hazardous solid waste is permanently disposed of at 
23 the site in
a calendar year.

24 The corporate authorities of the unit of local government

25may use proceeds from the fee, tax, or surcharge to reimburse a 
26highway
commissioner whose road district lies wholly or 
 
 
10300HB3817sam002- 412 -LRB103 30519 JDS 62533 a


1partially within the
corporate limits of the unit of local 
2government for expenses incurred in
the removal of 
3nonhazardous, nonfluid municipal waste that has been dumped
on 
4public property in violation of a State law or local 
5ordinance.

6 For the disposal of solid waste from general construction

7or demolition debris recovery facilities as defined in 
8subsection (a-1) of Section 3.160, the total fee, tax, or 
9surcharge imposed by
all units of local government under this 
10subsection (j) upon
the solid waste disposal facility shall 
11not exceed 50% of the
applicable amount set forth above. A unit 
12of local government,
as defined in the Local Solid Waste 
13Disposal Act, in which a
general construction or demolition 
14debris recovery facility is
located may establish a fee, tax, 
15or surcharge on the general construction or demolition debris 
16recovery facility with
regard to the permanent disposal of 
17solid waste by the
general construction or demolition debris 
18recovery facility at
a solid waste disposal facility, provided 
19that such fee, tax,
or surcharge shall not exceed 50% of the 
20applicable amount set
forth above, based on the total amount 
21of solid waste transported from the general construction or 
22demolition debris recovery facility for disposal at solid 
23waste disposal facilities, and the unit of local government 
24and fee shall be
subject to all other requirements of this 
25subsection (j).
26 A county or Municipal Joint Action Agency that imposes a 
 
 
10300HB3817sam002- 413 -LRB103 30519 JDS 62533 a


1fee, tax, or
surcharge under this subsection may use the 
2proceeds thereof to reimburse a
municipality that lies wholly 
3or partially within its boundaries for expenses
incurred in 
4the removal of nonhazardous, nonfluid municipal waste that has 
5been
dumped on public property in violation of a State law or 
6local ordinance.

7 If the fees are to be used to conduct a local sanitary 
8landfill
inspection or enforcement program, the unit of local 
9government must enter
into a written delegation agreement with 
10the Agency pursuant to subsection
(r) of Section 4. The unit of 
11local government and the Agency shall enter
into such a 
12written delegation agreement within 60 days after the

13establishment of such fees. At least annually,
the Agency 
14shall conduct an audit of the expenditures made by units of 
15local
government from the funds granted by the Agency to the 
16units of local
government for purposes of local sanitary 
17landfill inspection and enforcement
programs, to ensure that 
18the funds have been expended for the prescribed
purposes under 
19the grant.

20 The fees, taxes or surcharges collected under this 
21subsection (j) shall
be placed by the unit of local government 
22in a separate fund, and the
interest received on the moneys in 
23the fund shall be credited to the fund. The
monies in the fund 
24may be accumulated over a period of years to be
expended in 
25accordance with this subsection.

26 A unit of local government, as defined in the Local Solid 
 
 
10300HB3817sam002- 414 -LRB103 30519 JDS 62533 a


1Waste Disposal
Act, shall prepare and post on its website, in 
2April of each year, a
report that details spending plans for 
3monies collected in accordance with
this subsection. The 
4report will at a minimum include the following:

5  (1) The total monies collected pursuant to this 
6 subsection.

7  (2) The most current balance of monies collected 
8 pursuant to this
subsection.

9  (3) An itemized accounting of all monies expended for 
10 the previous year
pursuant to this subsection.

11  (4) An estimation of monies to be collected for the 
12 following 3
years pursuant to this subsection.

13  (5) A narrative detailing the general direction and 
14 scope of future
expenditures for one, 2 and 3 years.

15 The exemptions granted under Sections 22.16 and 22.16a, 
16and under
subsection (k) of this Section, shall be applicable 
17to any fee,
tax or surcharge imposed under this subsection 
18(j); except that the fee,
tax or surcharge authorized to be 
19imposed under this subsection (j) may be
made applicable by a 
20unit of local government to the permanent disposal of
solid 
21waste after December 31, 1986, under any contract lawfully 
22executed
before June 1, 1986 under which more than 150,000 
23cubic yards (or 50,000 tons)
of solid waste is to be 
24permanently disposed of, even though the waste is
exempt from 
25the fee imposed by the State under subsection (b) of this 
26Section
pursuant to an exemption granted under Section 22.16.

 
 
10300HB3817sam002- 415 -LRB103 30519 JDS 62533 a


1 (k) In accordance with the findings and purposes of the 
2Illinois Solid
Waste Management Act, beginning January 1, 1989 
3the fee under subsection
(b) and the fee, tax or surcharge 
4under subsection (j) shall not apply to:

5  (1) waste which is hazardous waste;

6  (2) waste which is pollution control waste;

7  (3) waste from recycling, reclamation or reuse 
8 processes which have been
approved by the Agency as being 
9 designed to remove any contaminant from
wastes so as to 
10 render such wastes reusable, provided that the process

11 renders at least 50% of the waste reusable; the exemption 
12 set forth in this paragraph (3) of this subsection (k) 
13 shall not apply to general construction or demolition 
14 debris recovery
facilities as defined in subsection (a-1) 
15 of Section 3.160;

16  (4) non-hazardous solid waste that is received at a 
17 sanitary landfill
and composted or recycled through a 
18 process permitted by the Agency; or

19  (5) any landfill which is permitted by the Agency to 
20 receive only
demolition or construction debris or 
21 landscape waste.

22(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 
23102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. 
248-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 
25102-1055, eff. 6-10-22; revised 8-25-22.)


 
 
10300HB3817sam002- 416 -LRB103 30519 JDS 62533 a


1 (415 ILCS 5/57.11)
2 Sec. 57.11. Underground Storage Tank Fund; creation. 
3 (a) There is hereby created in the State Treasury a 
4special fund
to be known as the Underground Storage Tank Fund. 
5There shall be deposited
into the Underground Storage Tank 
6Fund all moneys received by the Office of the
State Fire 
7Marshal as fees for underground storage tanks under Sections 4 
8and 5
of the Gasoline Storage Act, fees pursuant to the Motor 
9Fuel Tax Law, and beginning July 1, 2013, payments pursuant to 
10the Use Tax Act, the Service Use Tax Act, the Service 
11Occupation Tax Act, and the Retailers' Occupation Tax Act.
All 
12amounts held in the Underground Storage Tank Fund shall be 
13invested at
interest by the State Treasurer. All income earned 
14from the investments shall
be deposited into the Underground 
15Storage Tank Fund no less frequently than
quarterly. In 
16addition to any other transfers that may be provided for by 
17law, beginning on July 1, 2018 and on the first day of each 
18month thereafter during fiscal years 2019 through 2024 2023 
19only, the State Comptroller shall direct and the State 
20Treasurer shall transfer an amount equal to 1/12 of 
21$10,000,000 from the Underground Storage Tank Fund to the 
22General Revenue Fund. Moneys in the Underground Storage Tank 
23Fund, pursuant to
appropriation, may be used by the Agency and 
24the Office of the State Fire
Marshal for the following 
25purposes:
26  (1) To take action authorized under Section 57.12 to 
 
 
10300HB3817sam002- 417 -LRB103 30519 JDS 62533 a


1 recover costs under
Section 57.12.
2  (2) To assist in the reduction and mitigation of 
3 damage caused by leaks
from underground storage tanks, 
4 including but not limited to, providing
alternative water 
5 supplies to persons whose drinking water has become

6 contaminated as a result of those leaks.
7  (3) To be used as a matching amount towards federal 
8 assistance relative to
the release of petroleum from 
9 underground storage tanks.
10  (4) For the costs of administering activities of the 
11 Agency and the Office
of the State Fire Marshal relative 
12 to the Underground Storage Tank Fund.
13  (5) For payment of costs of corrective action incurred 
14 by and
indemnification to operators of underground storage 
15 tanks as provided in this
Title.
16  (6) For a total of 2 demonstration projects in amounts 
17 in excess of a
$10,000 deductible charge designed to 
18 assess the viability of corrective action
projects at 
19 sites which have experienced contamination from petroleum 
20 releases.
Such demonstration projects shall be conducted 
21 in accordance with the provision
of this Title.
22  (7) Subject to appropriation, moneys in the 
23 Underground Storage Tank Fund
may also be used by the 
24 Department of Revenue for the costs of administering
its 
25 activities relative to the Fund and for refunds provided 
26 for in Section
13a.8 of the Motor Fuel Tax Law.
 
 
10300HB3817sam002- 418 -LRB103 30519 JDS 62533 a


1 (b) Moneys in the Underground Storage Tank Fund may, 
2pursuant to
appropriation, be used by the Office of the State 
3Fire Marshal or the Agency to
take whatever emergency action 
4is necessary or appropriate to assure that the
public health 
5or safety is not threatened whenever there is a release or

6substantial threat of a release of petroleum from an 
7underground storage tank
and for the costs of administering 
8its activities relative to the Underground
Storage Tank Fund.
9 (c) Beginning July 1, 1993, the Governor shall certify to 
10the State
Comptroller and State Treasurer the monthly amount 
11necessary to pay debt
service on State obligations issued 
12pursuant to Section 6 of the General
Obligation Bond Act. On 
13the last day of each month, the Comptroller shall order

14transferred and the Treasurer shall transfer from the 
15Underground Storage Tank
Fund to the General Obligation Bond 
16Retirement and Interest Fund the amount
certified by the 
17Governor, plus any cumulative deficiency in those transfers

18for prior months.
19 (d) Except as provided in subsection (c) of this Section, 
20the Underground Storage Tank Fund is not subject to 
21administrative charges authorized under Section 8h of the 
22State Finance Act that would in any way transfer any funds from 
23the Underground Storage Tank Fund into any other fund of the 
24State. 
25 (e) Each fiscal year, subject to appropriation, the Agency 
26may commit up to $10,000,000 of the moneys in the Underground 
 
 
10300HB3817sam002- 419 -LRB103 30519 JDS 62533 a


1Storage Tank Fund to the payment of corrective action costs 
2for legacy sites that meet one or more of the following 
3criteria as a result of the underground storage tank release: 
4(i) the presence of free product, (ii) contamination within a 
5regulated recharge area, a wellhead protection area, or the 
6setback zone of a potable water supply well, (iii) 
7contamination extending beyond the boundaries of the site 
8where the release occurred, or (iv) such other criteria as may 
9be adopted in Agency rules.
10  (1) Fund moneys committed under this subsection (e) 
11 shall be held in the Fund for payment of the corrective 
12 action costs for which the moneys were committed.
13  (2) The Agency may adopt rules governing the 
14 commitment of Fund moneys under this subsection (e).
15  (3) This subsection (e) does not limit the use of Fund 
16 moneys at legacy sites as otherwise provided under this 
17 Title.
18  (4) For the purposes of this subsection (e), the term 
19 "legacy site" means a site for which (i) an underground 
20 storage tank release was reported prior to January 1, 
21 2005, (ii) the owner or operator has been determined 
22 eligible to receive payment from the Fund for corrective 
23 action costs, and (iii) the Agency did not receive any 
24 applications for payment prior to January 1, 2010. 
25 (f) Beginning July 1, 2013, if the amounts deposited into 
26the Fund from moneys received by the Office of the State Fire 
 
 
10300HB3817sam002- 420 -LRB103 30519 JDS 62533 a


1Marshal as fees for underground storage tanks under Sections 4 
2and 5 of the Gasoline Storage Act and as fees pursuant to the 
3Motor Fuel Tax Law during a State fiscal year are sufficient to 
4pay all claims for payment by the fund received during that 
5State fiscal year, then the amount of any payments into the 
6fund pursuant to the Use Tax Act, the Service Use Tax Act, the 
7Service Occupation Tax Act, and the Retailers' Occupation Tax 
8Act during that State fiscal year shall be deposited as 
9follows: 75% thereof shall be paid into the State treasury and 
1025% shall be reserved in a special account and used only for 
11the transfer to the Common School Fund as part of the monthly 
12transfer from the General Revenue Fund in accordance with 
13Section 8a of the State Finance Act. 
14(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 
15102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)

16 Section 5-140. The Electric Vehicle Rebate Act is amended 
17by changing Section 40 as follows:




18 (415 ILCS 120/40)



19 Sec. 40. Appropriations from the Electric Vehicle Rebate 
20Fund. 


21 (a) User Fees Funds. The Agency shall estimate the amount 
22of user fees
expected to be collected under Section 35 of this 
23Act for each fiscal
year. User fee funds shall be
deposited 
24into and distributed from the Electric Vehicle Rebate 
 
 
10300HB3817sam002- 421 -LRB103 30519 JDS 62533 a


1Alternate Fuels Fund in the following
manner:


2  (1) Through fiscal year 2023, In each of fiscal years 
3 1999, 2000, 2001, 2002, and 2003,
an amount not to exceed 
4 $200,000, and beginning in fiscal year 2004 an
annual 
5 amount not to exceed $225,000, may be appropriated to the 
6 Agency
from the Electric Vehicle Rebate Alternate Fuels 
7 Fund to pay its costs of administering the programs

8 authorized by Section 27 of this Act. Beginning in fiscal 
9 year 2024 and in each fiscal year thereafter, an annual 
10 amount not to exceed $600,000 may be appropriated to the 
11 Agency from the Electric Vehicle Rebate Fund to pay its 
12 costs of administering the programs authorized by Section 
13 27 of this Act. An Up to $200,000 may be appropriated to

14 the Office of the Secretary of State in each of fiscal 
15 years 1999, 2000, 2001, 2002, and 2003 from the Alternate 
16 Fuels Fund to pay the Secretary
of State's costs of 
17 administering the programs authorized under this Act.

18 Beginning in fiscal year 2004 and in each fiscal year 
19 thereafter, an amount
not to exceed $225,000 may be 
20 appropriated to the Secretary of State from the Electric 
21 Vehicle Rebate
Alternate Fuels Fund to pay the Secretary 
22 of State's costs of administering the
programs authorized 
23 under this Act.


24  (2) In fiscal year 2022 and each fiscal year 
25 thereafter, after appropriation of
the amounts authorized 
26 by item (1) of subsection (a) of this Section, the

 
 
10300HB3817sam002- 422 -LRB103 30519 JDS 62533 a


1 remaining moneys estimated to be
collected during each 
2 fiscal year shall be appropriated.


3  (3) (Blank).


4  (4) Moneys appropriated to fund the programs 
5 authorized
in Sections 25 and 30 shall be expended only 
6 after they have been
collected and deposited into the 
7 Electric Vehicle Rebate Alternate Fuels Fund.

8 (b) General Revenue Fund Appropriations. General Revenue 
9Fund amounts
appropriated to and deposited into the Electric 
10Vehicle Rebate Fund shall be
distributed from the Electric 
11Vehicle Rebate Fund to fund the program authorized in Section 
1227.

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


14 Section 5-145. The Fire Investigation Act is amended by 
15changing Section 13.1 as follows:



16 (425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)


17 Sec. 13.1. Fire Prevention Fund.  
18 (a) There shall be a special fund in the State Treasury

19known as the Fire Prevention Fund.

20 (b) The following moneys shall be deposited into the Fund:

21  (1) Moneys received by the Department of Insurance 
22 under Section 12 of this Act.

23  (2) All fees and reimbursements received by the 
24 Office.

 
 
10300HB3817sam002- 423 -LRB103 30519 JDS 62533 a


1  (3) All receipts from boiler and pressure vessel 
2 certification, as
provided in Section 13 of the Boiler and 
3 Pressure Vessel Safety Act.

4  (4) Such other moneys as may be provided by law.

5 (c) The moneys in the Fire Prevention Fund shall be used, 
6subject to
appropriation, for the following purposes:

7  (1) Of the moneys deposited into the fund under 
8 Section 12 of this Act,
12.5% shall be available for the 
9 maintenance of the Illinois Fire Service
Institute and the 
10 expenses, facilities, and structures incident thereto,
and 
11 for making transfers into the General Obligation Bond 
12 Retirement and
Interest Fund for debt service requirements 
13 on bonds issued by the State of
Illinois after January 1, 
14 1986 for the purpose of constructing a training
facility 
15 for use by the Institute. An additional 2.5% of the moneys 
16 deposited into the Fire Prevention Fund shall be available 
17 to the Illinois Fire Service Institute for support of the 
18 Cornerstone Training Program. 

19  (2) Of the moneys deposited into the Fund under 
20 Section 12 of this Act,
10% shall be available for the 
21 maintenance of the Chicago Fire Department
Training 
22 Program and the expenses, facilities, and structures 
23 incident
thereto, in addition to any moneys payable from 
24 the Fund to the City of
Chicago pursuant to the Illinois 
25 Fire Protection Training Act.

26  (3) For making payments to local governmental agencies 
 
 
10300HB3817sam002- 424 -LRB103 30519 JDS 62533 a


1 and individuals
pursuant to Section 10 of the Illinois 
2 Fire Protection Training Act.

3  (4) For the maintenance and operation of the Office of 
4 the State Fire
Marshal, and the expenses incident thereto.

5  (4.5) For the maintenance, operation, and capital 
6 expenses of the Mutual Aid Box Alarm System (MABAS). 
7  (4.6) For grants awarded by the Small Fire-fighting 
8 and Ambulance Service Equipment Grant Program established 
9 by Section 2.7 of the State Fire Marshal Act.
10  (4.7) For grants awarded under the Fire Station

11 Rehabilitation and Construction Grant Program established 
12 by Section 2.8 of the State Fire Marshal Act. 
13  (5) For any other purpose authorized by law.

14 (c-5) As soon as possible after April 8, 2008 (the 
15effective date of Public Act 95-717), the Comptroller shall 
16order the transfer and the Treasurer shall transfer $2,000,000 
17from the Fire Prevention Fund to the Fire Service and Small 
18Equipment Fund, $9,000,000 from the Fire Prevention Fund to 
19the Fire Truck Revolving Loan Fund, and $4,000,000 from the 
20Fire Prevention Fund to the Ambulance Revolving Loan Fund. 
21Beginning on July 1, 2008, each month, or as soon as practical 
22thereafter, an amount equal to $2 from each fine received 
23shall be transferred from the Fire Prevention Fund to the Fire 
24Service and Small Equipment Fund, an amount equal to $1.50 
25from each fine received shall be transferred from the Fire 
26Prevention Fund to the Fire Truck Revolving Loan Fund, and an 
 
 
10300HB3817sam002- 425 -LRB103 30519 JDS 62533 a


1amount equal to $4 from each fine received shall be 
2transferred from the Fire Prevention Fund to the Ambulance 
3Revolving Loan Fund. These moneys shall be transferred from 
4the moneys deposited into the Fire Prevention Fund pursuant to 
5Public Act 95-154, together with not more than 25% of any 
6unspent appropriations from the prior fiscal year. These 
7moneys may be allocated to the Fire Truck Revolving Loan Fund, 
8Ambulance Revolving Loan Fund, and Fire Service and Small 
9Equipment Fund at the discretion of the Office for the purpose 
10of implementation of this Act.

11 (d) Any portion of the Fire Prevention Fund remaining 
12unexpended at the
end of any fiscal year which is not needed 
13for the maintenance and expenses of the
Office or the 
14maintenance and expenses of the
Illinois Fire Service 
15Institute shall remain in the Fire Prevention Fund for the 
16exclusive and restricted uses provided in subsections
(c) and 
17(c-5) of this Section.

18 (e) The Office shall keep on file an itemized
statement of 
19all expenses incurred which are payable from the Fund, other

20than expenses incurred by the Illinois Fire Service Institute, 
21and shall
approve all vouchers issued therefor before they are 
22submitted to the State
Comptroller for payment. Such vouchers 
23shall be allowed and paid in the
same manner as other claims 
24against the State.

25(Source: P.A. 101-82, eff. 1-1-20; 102-558, eff. 8-20-21.)


 
 
10300HB3817sam002- 426 -LRB103 30519 JDS 62533 a


1 Section 5-150. The Open Space Lands Acquisition and 
2Development Act is amended by changing Section 3 as follows:




3 (525 ILCS 35/3) (from Ch. 85, par. 2103)


4 Sec. 3. From appropriations made from the Capital 
5Development Fund,
Build Illinois Bond Fund or other
available 
6or designated funds for such
purposes, the Department shall 
7make grants to local governments as
financial assistance for 
8the capital
development and improvement of park, recreation or 
9conservation
areas, marinas and shorelines, including planning 
10and engineering costs, and for the
acquisition of open space 
11lands, including
acquisition of easements and other property 
12interests less than fee simple
ownership if the Department 
13determines that such property
interests are sufficient to 
14carry out the purposes of this Act, subject to
the conditions 
15and limitations set forth in this Act.

16 No more than 10% of the amount so appropriated for any 
17fiscal year may
be committed or expended on any one project 
18described in an application
under this Act.

19 Except for grants awarded from new appropriations in 
20fiscal year 2023 and fiscal year 2024, any grant under this Act 
21to a local government shall be conditioned upon
the state 
22providing assistance on a 50/50 matching basis for the 
23acquisition
of open space lands and for capital development

24and improvement proposals. However, a local government defined 
25as "distressed" under criteria adopted by the Department 
 
 
10300HB3817sam002- 427 -LRB103 30519 JDS 62533 a


1through administrative rule shall be eligible for assistance 
2up to 90% for the acquisition
of open space lands and for 
3capital development
and improvement proposals, provided that 
4no more than 10% of the amount appropriated under this Act in 
5any fiscal year is made available as grants to distressed 
6local governments. For grants awarded from new appropriations 
7in fiscal year 2023 and fiscal year 2024 only, a local 
8government defined as "distressed" is eligible for assistance 
9up to 100% for the acquisition of open space lands and for 
10capital development and improvement proposals. The Department 
11may make more than 10% of the amount appropriated in fiscal 
12year 2023 and fiscal year 2024 available as grants to 
13distressed local governments.

14 An advance payment of a minimum of 50% of any grant made to 
15a unit of local government under this Act must be paid to the 
16unit of local government at the time the Department awards the 
17grant. A unit of local government may opt out of the advanced 
18payment option at the time of the award of the grant. The 
19remainder of the grant shall be distributed to the local 
20government quarterly on a reimbursement basis. The Department 
21shall consider an applicant's request for an extension to a 
22grant under this Act if (i) the advanced payment is expended or 
23legally obligated within the 2 years required by Section 5 of 
24the Illinois Grant Funds Recovery Act or (ii) no advanced 
25payment was made. 
26(Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22.)


 
 
10300HB3817sam002- 428 -LRB103 30519 JDS 62533 a


1 Section 5-153. The Illinois Highway Code is amended by 
2changing Section 6-901 as follows:




3 (605 ILCS 5/6-901) (from Ch. 121, par. 6-901)



4 Sec. 6-901. 
Annually, the General Assembly shall 
5appropriate to the
Department of Transportation from the road 
6fund, the general revenue
fund, any other State funds or a 
7combination of those funds, $60,000,000 $15,000,000
for 
8apportionment to counties for the use of road districts for 
9the
construction of bridges 20 feet or more in length, as 
10provided in
Sections 6-902 through 6-905.

11 The Department of Transportation shall apportion among the 
12several
counties of this State for the use of road districts 
13the amounts
appropriated under this Section. The amount 
14apportioned to a county
shall be in the proportion which the 
15total mileage of township or
district roads in the county 
16bears to the total mileage of all township
and district roads 
17in the State. Each county shall allocate to the
several road 
18districts in the county the funds so apportioned to the

19county. The allocation to road districts shall be made in the 
20same
manner and be subject to the same conditions and 
21qualifications as are
provided by Section 8 of the "Motor Fuel 
22Tax Law", approved March 25,
1929, as amended, with respect to 
23the allocation to road districts of
the amount allotted from 
24the Motor Fuel Tax Fund for apportionment to
counties for the 
 
 
10300HB3817sam002- 429 -LRB103 30519 JDS 62533 a


1use of road districts, but no allocation shall be made
to any 
2road district that has not levied taxes for road and bridge

3purposes and for bridge construction purposes at the maximum 
4rates
permitted by Sections 6-501, 6-508 and 6-512 of this 
5Act, without
referendum. "Road district" and "township or 
6district road" have the
meanings ascribed to those terms in 
7this Act.

8 Road districts in counties in which a property tax 
9extension limitation is
imposed under the Property Tax 
10Extension Limitation Law that are made
ineligible for receipt 
11of this appropriation due to the imposition of a
property tax 
12extension limitation may become eligible if, at the time the

13property tax extension limitation was imposed, the road 
14district was levying at
the required rate and continues to 
15levy the maximum allowable amount
after the imposition of the 
16property tax extension limitation. The road
district
also 
17becomes
eligible if it levies at or above the rate required for 
18eligibility by Section
8 of the
Motor Fuel Tax Law.

19 The amounts apportioned under this Section for allocation 
20to road
districts may be used only for bridge construction as 
21provided in this
Division. So much of those amounts as are not 
22obligated under Sections
6-902 through 6-904 and for which 
23local funds have not been committed
under Section 6-905 within 
2448 months of the date
when such apportionment is
made lapses 
25and shall not be paid to the county treasurer for
distribution 
26to road districts.

 
 
10300HB3817sam002- 430 -LRB103 30519 JDS 62533 a


1(Source: P.A. 96-366, eff. 1-1-10.)


2 Section 5-155. The Illinois Vehicle Code is amended by 
3changing Sections 3-626, 3-658, 3-667, and 3-692 as follows:



4 (625 ILCS 5/3-626)



5 Sec. 3-626. Korean War Veteran license plates. 

6 (a) In addition to any other special license plate, the 
7Secretary, upon
receipt of all applicable fees and 
8applications made in the form prescribed by
the Secretary of 
9State, may issue special registration plates designated as

10Korean War Veteran license plates to
residents of Illinois who 
11participated in the United States Armed Forces during
the 
12Korean War. The special plate issued under this Section shall 
13be affixed
only to passenger vehicles of the first division, 
14motorcycles,
motor vehicles of the second
division weighing 
15not more than 8,000 pounds, and recreational vehicles as

16defined by Section 1-169 of this Code. Plates issued under 
17this Section shall
expire according to the staggered 
18multi-year procedure established by Section
3-414.1 of this 
19Code.

20 (b) The design, color, and format of the plates shall be 
21wholly
within the discretion of the Secretary of State. The 
22Secretary may, in his or
her discretion, allow the plates to be 
23issued as vanity plates or personalized
in accordance with 
24Section 3-405.1 of this Code. The plates are not required
to 
 
 
10300HB3817sam002- 431 -LRB103 30519 JDS 62533 a


1designate "Land Of Lincoln", as prescribed in subsection (b) 
2of Section
3-412 of this Code. The Secretary shall prescribe 
3the eligibility requirements
and, in his or her discretion, 
4shall approve and prescribe stickers or decals
as provided 
5under Section 3-412.

6 (c) (Blank).

7 (d) The Korean War Memorial Construction Fund is created 
8as a special fund
in the State treasury. All moneys in the 
9Korean War Memorial Construction Fund
shall, subject to 
10appropriation, be used by the Department of Veterans' Affairs

11to provide grants for construction of the Korean War Memorial 
12to be located at
Oak Ridge Cemetery in Springfield, Illinois. 
13Upon the completion of the
Memorial, the Department of 
14Veterans' Affairs shall certify to the State
Treasurer that 
15the construction of the Memorial has been completed. At the 
16direction of and upon notification of the Secretary of State, 
17the State Comptroller shall direct and Upon the
certification 
18by the Department of Veterans' Affairs, the State Treasurer 
19shall
transfer all moneys in the Fund and any future deposits 
20into the Fund into the
Secretary of State Special License 
21Plate
Fund. Upon completion of the transfer, the Korean War 
22Memorial Construction Fund is dissolved. 

23 (e) An individual who has been issued Korean War Veteran 
24license plates
for a vehicle
and who has been approved for 
25benefits under the Senior Citizens and Persons with 
26Disabilities Property Tax Relief Act shall pay
the original 
 
 
10300HB3817sam002- 432 -LRB103 30519 JDS 62533 a


1issuance and the regular annual fee for the registration of 
2the
vehicle as provided in Section 3-806.3 of this Code.

3(Source: P.A. 99-127, eff. 1-1-16; 99-143, eff. 7-27-15; 
499-642, eff. 7-28-16; 100-143, eff. 1-1-18.)




5 (625 ILCS 5/3-658)



6 Sec. 3-658. Professional Sports Teams license plates. 

7 (a) The Secretary, upon receipt of an application made in 
8the form
prescribed by the Secretary, may issue special 
9registration plates designated
as Professional Sports Teams 
10license plates. The special plates issued under
this Section

11shall be affixed only to passenger vehicles of the first 
12division, motorcycles, and motor
vehicles of the second 
13division weighing not more than 8,000 pounds. Plates
issued 
14under this Section shall expire according to the multi-year 
15procedure
established by Section 3-414.1 of this Code.

16 (b) The design and color of the plates is wholly within the 
17discretion of
the Secretary, except that the plates shall, 
18subject to the permission of the
applicable team owner, 
19display the logo of the Chicago Bears, the Chicago
Bulls, the 
20Chicago Blackhawks, the Chicago Cubs, the
Chicago White Sox, 
21the Chicago Sky, the Chicago Red Stars, the Chicago Fire, or 
22the St. Louis Cardinals, at the
applicant's option. The 
23Secretary may allow the plates to be issued as vanity
or 
24personalized plates under Section 3-405.1 of the Code. The 
25Secretary shall
prescribe stickers or decals as provided under 
 
 
10300HB3817sam002- 433 -LRB103 30519 JDS 62533 a


1Section 3-412 of this Code.

2 (c) An applicant for the special plate shall be charged a 
3$40 fee for
original issuance in addition to the appropriate 
4registration fee. Until July 1, 2023, of Of this
fee, $25 shall 
5be deposited into the Professional Sports Teams Education Fund

6and $15 shall be deposited into the Secretary of State Special 
7License Plate
Fund, to be used by the Secretary to help defray 
8the administrative processing
costs. Beginning July 1, 2023, 
9of this fee, $25 shall be deposited into the Common School Fund 
10and $15 shall be deposited into the Secretary of State Special 
11License Plate Fund, to be used by the Secretary to help defray 
12the administrative processing costs. 

13 For each registration renewal period, a $27 fee, in 
14addition to the
appropriate registration fee, shall be 
15charged. Until July 1, 2023, of Of this fee, $25 shall be

16deposited into the Professional Sports Teams Education Fund 
17and $2 shall be
deposited into the Secretary of State Special 
18License Plate Fund. Beginning July 1, 2023, of this fee, $25 
19shall be deposited into the Common School Fund and $2 shall be 
20deposited into the Secretary of State Special License Plate 
21Fund. 

22 (d) The Professional Sports Teams Education Fund is 
23created as a special
fund in the State treasury. Until July 1, 
242023, the The Comptroller shall order transferred and the 
25Treasurer shall transfer all moneys in the Professional Sports 
26Teams Education Fund to the Common School Fund every 6 months.

 
 
10300HB3817sam002- 434 -LRB103 30519 JDS 62533 a


1 (e) On July 1, 2023, or as soon thereafter as practical, 
2the State Comptroller shall direct and the State Treasurer 
3shall transfer the remaining balance from the Professional 
4Sports Teams Education Fund into the Common School Fund. Upon 
5completion of the transfer, the Professional Sports Teams 
6Education Fund is dissolved, and any future deposits due to 
7that Fund and any outstanding obligations or liabilities of 
8that Fund shall pass to the Common School Fund. 
9(Source: P.A. 102-1099, eff. 1-1-23.)


10 (625 ILCS 5/3-667)


11 Sec. 3-667. Korean Service license plates.
12 (a) In addition to any other special license plate, the 
13Secretary, upon
receipt of all applicable fees and 
14applications made in the form prescribed by
the Secretary of 
15State, may issue special registration plates designated as

16Korean Service license plates to
residents of Illinois who, on 
17or after July 27, 1954, participated in the United States 
18Armed Forces in Korea. The special plate issued under this 
19Section shall be affixed
only to passenger vehicles of the 
20first division, motorcycles,
motor vehicles of the second

21division weighing not more than 8,000 pounds, and recreational 
22vehicles as
defined by Section 1-169 of this Code. Plates 
23issued under this Section shall
expire according to the 
24staggered multi-year procedure established by Section
3-414.1 
25of this Code.
 
 
10300HB3817sam002- 435 -LRB103 30519 JDS 62533 a


1 (b) The design, color, and format of the plates shall be 
2wholly
within the discretion of the Secretary of State. The 
3Secretary may, in his or
her discretion, allow the plates to be 
4issued as vanity or personalized
plates in accordance with 
5Section 3-405.1 of this Code. The plates are not required
to 
6designate "Land of
Lincoln", as prescribed in subsection (b) 
7of Section
3-412 of this Code. The Secretary shall prescribe 
8the eligibility requirements
and, in his or her discretion, 
9shall approve and prescribe stickers or decals
as provided 
10under Section 3-412.

11 (c) (Blank). An applicant shall be charged a $2 fee for 
12original issuance
in addition to the applicable registration 
13fee. This additional fee shall be deposited into the Korean 
14War Memorial Construction Fund a special fund in the State 
15treasury.

16 (d) An individual who has been issued Korean Service 
17license plates
for a vehicle
and who has been approved for 
18benefits under the Senior Citizens and Persons with 
19Disabilities Property Tax Relief Act shall pay
the original 
20issuance and the regular annual fee for the registration of 
21the
vehicle as provided in Section 3-806.3 of this Code in 
22addition to the fees
specified in subsection (c) of this 
23Section.


24(Source: P.A. 99-143, eff. 7-27-15.)



25 (625 ILCS 5/3-692)


 
 
10300HB3817sam002- 436 -LRB103 30519 JDS 62533 a


1 Sec. 3-692. Soil and Water Conservation District Plates.
2 (a) In addition to any other special license plate, the 
3Secretary, upon receipt of all applicable fees and 
4applications made in the form prescribed by the Secretary of 
5State, may issue Soil and Water Conservation District license 
6plates. The special Soil and Water Conservation District plate 
7issued under this Section shall be affixed only to passenger 
8vehicles of the first division and motor vehicles of the 
9second division weighing not more than 8,000 pounds. Plates 
10issued under this Section shall expire according to the 
11staggered multi-year procedure established by Section 3-414.1 
12of this Code.
13 (b) The design, color, and format of the plates shall be 
14wholly within the discretion of the Secretary of State. 
15Appropriate documentation, as determined by the Secretary, 
16must accompany each application. The Secretary, in his or her 
17discretion, shall approve and prescribe stickers or decals as 
18provided under Section 3-412.
19 (c) An applicant for the special plate shall be charged a 
20$40 fee for original issuance in addition to the appropriate 
21registration fee. Of this fee, $25 shall be deposited into the 
22Soil and Water Conservation District Fund and $15 shall be 
23deposited into the Secretary of State Special License Plate 
24Fund, to be used by the Secretary to help defray the 
25administrative processing costs.
For each registration renewal 
26period, a $27 fee, in addition to the appropriate registration 
 
 
10300HB3817sam002- 437 -LRB103 30519 JDS 62533 a


1fee, shall be charged. Of this fee, $25 shall be deposited into 
2the Soil and Water Conservation District Fund and $2 shall be 
3deposited into the Secretary of State Special License Plate 
4Fund.
5 (d) The Soil and Water Conservation District Fund is 
6created as a special fund in the State treasury. All money in 
7the Soil and Water Conservation District Fund shall be paid, 
8subject to appropriation by the General Assembly and 
9distribution by the Secretary, as grants to Illinois soil and 
10water conservation districts for projects that conserve and 
11restore soil and water in Illinois. All interest earned on 
12moneys in the Fund shall be deposited into the Fund. The Fund 
13shall not be subject to administrative charges or chargebacks, 
14such as but not limited to those authorized under Section 8h of 
15the State Finance Act.

16 (e) Notwithstanding any other provision of law, on July 1, 
172023, or as soon thereafter as practical, the State 
18Comptroller shall direct and the State Treasurer shall 
19transfer the remaining balance from the Soil and Water 
20Conservation District Fund into the Partners for Conservation 
21Fund. Upon completion of the transfers, the Soil and Water 
22Conservation District Fund is dissolved, and any future 
23deposits due to that Fund and any outstanding obligations or 
24liabilities of that Fund shall pass to the Partners for 
25Conservation Fund.
26 (f) This Section is repealed on January 1, 2024. 
 
 
10300HB3817sam002- 438 -LRB103 30519 JDS 62533 a


1(Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11; 
297-409, eff. 1-1-12.)


3 Section 5-160. The Unified Code of Corrections is amended 
4by changing Sections 3-12-3a, 3-12-6, and 3-12-13 as follows:




5 (730 ILCS 5/3-12-3a) (from Ch. 38, par. 1003-12-3a)



6 Sec. 3-12-3a. Contracts, leases, and business agreements. 
7 (a) The
Department shall promulgate such rules and 
8policies as it deems necessary to establish, manage, and 
9operate its Illinois Correctional Industries division
for the 
10purpose of utilizing committed persons in the
manufacture of 
11food stuffs, finished goods or wares. To the extent not 
12inconsistent with the function and role of the ICI, the 
13Department may enter into a contract, lease, or other type of 
14business agreement, not to exceed 20 years, with any private 
15corporation, partnership, person, or other business entity for 
16the purpose of utilizing committed persons in the provision of 
17services or for any other business or commercial enterprise 
18deemed by the Department to be consistent with proper training 
19and rehabilitation of committed persons.

20 Beginning in In fiscal year years 2021 through 2023, the 
21Department shall oversee the Illinois Correctional Industries 
22accounting processes and budget requests to the General 
23Assembly, other budgetary processes, audits by the Office of 
24the Auditor General, and computer processes. Beginning in For 
 
 
10300HB3817sam002- 439 -LRB103 30519 JDS 62533 a


1fiscal year years 2021 through 2023, the spending authority of 
2Illinois Correctional Industries shall no longer be separate 
3and apart from the Department's budget and appropriations, and 
4the Department shall control its accounting processes, 
5budgets, audits and computer processes in accordance with any 
6Department rules and policies. 
7 (b) The Department shall be permitted to construct 
8buildings on State
property for the purposes identified in 
9subsection (a) and to lease for a
period not to exceed 20 years 
10any building or portion thereof on State
property for the 
11purposes identified in subsection (a).

12 (c) Any contract or other business agreement referenced in

13subsection (a) shall include a provision requiring that all 
14committed
persons assigned receive in connection with their 
15assignment such
vocational training and/or apprenticeship 
16programs as the Department deems appropriate.

17 (d) Committed persons assigned in accordance with this 
18Section shall be
compensated in accordance with the provisions 
19of Section 3-12-5.

20(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 
21102-699, eff. 4-19-22.)





22 (730 ILCS 5/3-12-6) (from Ch. 38, par. 1003-12-6)



23 Sec. 3-12-6. Programs. Through its Illinois Correctional 
24Industries division, the Department may shall establish 
25commercial, business, and manufacturing programs for the 
 
 
10300HB3817sam002- 440 -LRB103 30519 JDS 62533 a


1production sale of finished goods and processed food and 
2beverages to the State, its political units, agencies, and 
3other public institutions. Illinois Correctional Industries 
4may shall establish, operate, and maintain manufacturing and 
5food and beverage production in the Department facilities and 
6provide food for the Department institutions and for the 
7mental health and developmental disabilities institutions of 
8the Department of Human Services and the institutions of the 
9Department of Veterans' Affairs. 
10 Illinois Correctional Industries shall be administered by 
11a chief executive officer. The chief executive officer shall 
12report to the Director of the Department or the Director's 
13designee. The chief executive officer shall administer the 
14commercial and business programs of ICI for inmate workers in 
15the custody of the Department of Corrections. 
16 The chief executive officer shall have such assistants as 
17are required for programming sales staff, manufacturing, 
18budget, fiscal, accounting, computer, human services, and 
19personnel as necessary to run its commercial and business 
20programs. 
21 Illinois Correctional Industries shall have a financial 
22officer who shall report to the chief executive officer. The 
23financial officer shall: (i) assist in the development and 
24presentation of the Department budget submission; (ii) manage 
25and control the spending authority of ICI; and (iii) provide 
26oversight of the financial activities of ICI, both internally 
 
 
10300HB3817sam002- 441 -LRB103 30519 JDS 62533 a


1and through coordination with the Department fiscal operations 
2personnel, including accounting processes, budget submissions, 
3other budgetary processes, audits by the Office of the Auditor 
4General, and computer processes. For fiscal years 2021 through 
52023, the financial officer shall coordinate and cooperate 
6with the Department's chief financial officer to perform the 
7functions listed in this paragraph. 
8 Illinois Correctional Industries shall be located in 
9Springfield. The chief executive officer of Illinois 
10Correctional Industries
shall assign personnel to teach
direct 
11the production of goods and shall employ committed persons

12assigned by the facility chief administrative officer. The 
13Department of Corrections may
direct such other vocational 
14programs as it deems necessary for the rehabilitation of 
15inmates, which shall be separate and apart from, and not in 
16conflict with, programs of Illinois Correctional Industries.

17(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 
18102-699, eff. 4-19-22.)





19 (730 ILCS 5/3-12-13) (from Ch. 38, par. 1003-12-13)



20 Sec. 3-12-13. Sale of Property. Whenever a responsible 
21officer of the
Correctional Industries Division of the 
22Department seeks to dispose of property
pursuant to the "State 
23Property Control Act", proceeds received by the Administrator

24under that Act from the sale of property under the control of 
25the Division
of Correctional Industries of the Department 
 
 
10300HB3817sam002- 442 -LRB103 30519 JDS 62533 a


1shall be deposited into the General Revenue Fund
Working 
2Capital Revolving Fund of the Correction Industries Division 
3if
such property was originally purchased with funds 
4therefrom.

5(Source: P.A. 81-1507.)



6 (730 ILCS 5/3-12-11 rep.)

7 Section 5-165. The Unified Code of Corrections is amended 
8by repealing Section 3-12-11.

9 Section 5-167. The Illinois Crime Reduction Act of 2009 is 
10amended by changing Section 20 as follows:

11 (730 ILCS 190/20)
12 Sec. 20. Adult Redeploy Illinois. 

13 (a) Purpose. When offenders are accurately assessed for 
14risk, assets, and needs, it is possible to identify which 
15people should be sent to prison and which people can be 
16effectively supervised in the locality. By providing financial 
17incentives to counties or judicial circuits to create 
18effective local-level evidence-based services, it is possible 
19to reduce crime and recidivism at a lower cost to taxpayers. 
20Based on this model, this Act hereby creates the Adult 
21Redeploy Illinois program for probation-eligible offenders in 
22order to increase public safety and encourage the successful 
23local supervision of eligible offenders and their 
 
 
10300HB3817sam002- 443 -LRB103 30519 JDS 62533 a


1reintegration into the locality.
2 (b) The Adult Redeploy Illinois program shall reallocate 
3State funds to local jurisdictions that successfully establish 
4a process to assess offenders and provide a continuum of 
5locally based sanctions and treatment alternatives for 
6offenders who would be incarcerated in a State facility if 
7those local services and sanctions did not exist. The 
8allotment of funds shall be based on a formula that rewards 
9local jurisdictions for the establishment or expansion of 
10local supervision programs and requires them to pay the amount 
11determined in subsection (e) if incarceration targets as 
12defined in subsection (e) are not met.
13 (c) Each county or circuit participating in the Adult 
14Redeploy Illinois program shall create a local plan describing 
15how it will protect public safety and reduce the county or 
16circuit's utilization of incarceration in State facilities or 
17local county jails by the creation or expansion of 
18individualized services or programs.
19 (d) Based on the local plan, a county or circuit shall 
20enter into an agreement with the Adult Redeploy Oversight 
21Board described in subsection (e) to reduce the number of 
22commitments of probation-eligible offenders to State 
23correctional facilities from that county or circuit. The 
24agreement shall include a pledge from the county or circuit to 
25reduce their commitments by 25% of the level of commitments 
26from the average number of commitments for the past 3 years of 
 
 
10300HB3817sam002- 444 -LRB103 30519 JDS 62533 a


1eligible offenders. In return, the county or circuit shall 
2receive, based upon a formula described in subsection (e), 
3funds to redeploy for local programming for offenders who 
4would otherwise be incarcerated such as management and 
5supervision, electronic monitoring, and drug testing. The 
6county or circuit shall also be penalized, as described in 
7subsection (e), for failure to reach the goal of reduced 
8commitments stipulated in the agreement.
9 (d-5) Subject to appropriation to the Illinois Criminal 
10Justice Information Authority, the Adult Redeploy Illinois 
11Oversight Board described in subsection (e) may provide grant 
12funds to qualified organizations that can assist local 
13jurisdictions in training, development, and technical 
14assistance. 
15 (e) Adult Redeploy Illinois Oversight Board; members; 
16responsibilities.
17  (1) The Secretary of Human Services and the Director 
18 of Corrections shall within 3 months after January 1, 2010 
19 (the effective date of Public Act 96-761) this Act convene 
20 and act as co-chairs of an oversight board to oversee the 
21 Adult Redeploy Program. The Board shall include, but not 
22 be limited to, designees from the Prisoner Review Board, 
23 Office of the Attorney General, Illinois Criminal Justice 
24 Information Authority, and Sentencing Policy Advisory 
25 Council; the Cook County State's Attorney or a designee; a 
26 State's Attorney selected by the President of the Illinois 
 
 
10300HB3817sam002- 445 -LRB103 30519 JDS 62533 a


1 State's Attorneys Association; the State Appellate 
2 Defender or a designee; the Cook County Public Defender or 
3 a designee; a representative of Cook County Adult 
4 Probation, a representative of DuPage County Adult 
5 Probation; a representative of Sangamon County Adult 
6 Probation; and 4 representatives from non-governmental 
7 organizations, including service providers. Members shall 
8 serve without compensation but shall be reimbursed for 
9 actual expenses incurred in the performance of their 
10 duties. 
11  (2) The Oversight Board shall within one year after 
12 January 1, 2010 (the effective date of Public Act 96-761) 
13 this Act:
14   (A) Develop a process to solicit applications from 
15 and identify jurisdictions to be included in the Adult 
16 Redeploy Illinois program.
17   (B) Define categories of membership for local 
18 entities to participate in the creation and oversight 
19 of the local Adult Redeploy Illinois program.
20   (C) Develop a formula for the allotment of funds 
21 to local jurisdictions for local and community-based 
22 services in lieu of commitment to the Department of 
23 Corrections and a penalty amount for failure to reach 
24 the goal of reduced commitments stipulated in the 
25 plans.
26   (D) Develop a standard format for the local plan 
 
 
10300HB3817sam002- 446 -LRB103 30519 JDS 62533 a


1 to be submitted by the local entity created in each 
2 county or circuit.
3   (E) Identify and secure resources sufficient to 
4 support the administration and evaluation of Adult 
5 Redeploy Illinois.
6   (F) Develop a process to support ongoing 
7 monitoring and evaluation of Adult Redeploy Illinois.
8   (G) Review local plans and proposed agreements and 
9 approve the distribution of resources.
10   (H) Develop a performance measurement system that 
11 includes but is not limited to the following key 
12 performance indicators: recidivism, rate of 
13 revocations, employment rates, education achievement, 
14 successful completion of substance abuse treatment 
15 programs, and payment of victim restitution. Each 
16 county or circuit shall include the performance 
17 measurement system in its local plan and provide data 
18 annually to evaluate its success.

19   (I) Report annually the results of the performance 
20 measurements on a timely basis to the Governor and 
21 General Assembly.

22  (3) The Oversight Board shall:
23   (A) Develop a process to solicit grant

24 applications from eligible training, development, and 
25 technical assistance organizations.
26   (B) Review grant applications and proposed grant

 
 
10300HB3817sam002- 447 -LRB103 30519 JDS 62533 a


1 agreements and approve the distribution of resources.
2   (C) Develop a process to support ongoing

3 monitoring of training, development, and technical 
4 assistance grantees. 
5(Source: P.A. 100-999, eff. 1-1-19.)

6 Section 5-170. The Revised Uniform Unclaimed Property Act 
7is amended by changing Section 15-801 as follows:

8 (765 ILCS 1026/15-801)

9 Sec. 15-801. Deposit of funds by administrator.
10 (a) Except as otherwise provided in this Section, the 
11administrator shall deposit in the Unclaimed Property Trust 
12Fund all funds received under this Act, including proceeds 
13from the sale of property under Article 7. The administrator 
14may deposit any amount in the Unclaimed Property Trust Fund 
15into the State Pensions Fund during the fiscal year at his or 
16her discretion; however, he or she shall, on April 15 and 
17October 15 of each year, deposit any amount in the Unclaimed 
18Property Trust Fund exceeding $2,500,000 into the State 
19Pensions Fund. If on either April 15 or October 15, the 
20administrator determines that a balance of $2,500,000 is 
21insufficient for the prompt payment of unclaimed property 
22claims authorized under this Act, the administrator may retain 
23more than $2,500,000 in the Unclaimed Property Trust Fund in 
24order to ensure the prompt payment of claims. Beginning in 
 
 
10300HB3817sam002- 448 -LRB103 30519 JDS 62533 a


1State fiscal year 2025 2024, all amounts that are deposited 
2into the State Pensions Fund from the Unclaimed Property Trust 
3Fund shall be apportioned to the designated retirement systems 
4as provided in subsection (c-6) of Section 8.12 of the State 
5Finance Act to reduce their actuarial reserve deficiencies.
6 (b) The administrator shall make prompt payment of claims 
7he or she duly allows as provided for in this Act from the 
8Unclaimed Property Trust Fund. This shall constitute an 
9irrevocable and continuing appropriation of all amounts in the 
10Unclaimed Property Trust Fund necessary to make prompt payment 
11of claims duly allowed by the administrator pursuant to this 
12Act.

13(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 
14102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)

15 Section 5-175. The Line of Duty Compensation Act is 
16amended by changing Section 3 as follows:




17 (820 ILCS 315/3)
 (from Ch. 48, par. 283)



18 Sec. 3. Duty death benefit. 
19 (a) If a claim therefor is made within 2 years one
year of 
20the date of death of a law enforcement officer, civil
defense 
21worker, civil air patrol member, paramedic, fireman, chaplain, 
22or
State employee killed in the line of duty,
or if a claim 
23therefor is made within 2 years of the date of death of an 
24Armed Forces member killed in the line of duty, compensation 
 
 
10300HB3817sam002- 449 -LRB103 30519 JDS 62533 a


1shall be paid to the person designated by the law
enforcement 
2officer, civil defense worker, civil air patrol member, 
3paramedic,
fireman, chaplain, State employee, or Armed Forces 
4member. However, if the Armed Forces member was killed in the 
5line of duty before
October 18, 2004, the
claim must be made 
6within one year of October 18, 2004. In addition, if a death 
7occurred after December 31, 2016 and before January 1, 2021, 
8the claim may be made no later than December 31, 2022 
9notwithstanding any other deadline established under this Act 
10with respect to filing a claim for a duty death benefit. 

11 (b)
The amount of compensation, except for an Armed Forces 
12member, shall be $10,000 if the death in the
line of duty 
13occurred prior to January 1, 1974; $20,000 if
such death 
14occurred after December 31, 1973 and before July 1, 1983;

15$50,000 if such death occurred on or after July 1, 1983 and 
16before January 1,
1996; $100,000 if the death occurred on or 
17after January 1, 1996 and
before May 18, 2001; $118,000 if the 
18death occurred on or after May
18, 2001 and before July 1, 
192002; and $259,038 if the death occurred on or after July 1, 
202002 and before January
1, 2003. For an Armed Forces member 
21killed in the line of duty (i) at any time before January 1, 
222005, the compensation is $259,038 plus amounts equal to the 
23increases for 2003 and 2004 determined under subsection (c) 
24and (ii) on or after January 1, 2005, the compensation is the 
25amount determined under item (i) plus the applicable increases 
26for 2005 and thereafter determined under subsection (c).

 
 
10300HB3817sam002- 450 -LRB103 30519 JDS 62533 a


1 (c) Except as provided in subsection (b), for deaths 
2occurring on or after January 1, 2003, the death
compensation 
3rate for death in the line of duty occurring in a particular

4calendar year shall be the death compensation rate for death 
5occurring in the
previous calendar year (or in the case of 
6deaths occurring in 2003, the rate
in effect on December 31, 
72002) increased by a percentage thereof equal to
the 
8percentage increase, if any, in the index known as the 
9Consumer Price
Index for All Urban Consumers: U.S. city 
10average, unadjusted, for all items,
as published by the United 
11States Department of Labor, Bureau of Labor
Statistics, for 
12the 12 months ending with the month of June of that previous

13calendar year.

14 (d) If no beneficiary is designated or if no designated 
15beneficiary survives at the death of the law
enforcement 
16officer, civil defense worker, civil air patrol member,

17paramedic, fireman, chaplain, or State employee
killed in the 
18line of
duty, the compensation shall be paid in accordance 
19with a legally binding will left by the law
enforcement 
20officer, civil defense worker, civil air patrol member,

21paramedic, fireman, chaplain, or State employee. If the law

22enforcement officer, civil defense worker, civil air patrol 
23member,
paramedic, fireman, chaplain, or State employee did 
24not leave a legally binding will, the compensation shall be 
25paid as follows:


26  (1) when there is a surviving spouse, the entire sum 
 
 
10300HB3817sam002- 451 -LRB103 30519 JDS 62533 a


1 shall be paid to
the spouse;


2  (2) when there is no surviving spouse, but a surviving 
3 descendant of the
decedent, the entire sum shall be paid 
4 to the decedent's descendants per
stirpes;


5  (3) when there is neither a surviving spouse nor a 
6 surviving descendant,
the entire sum shall be paid to the 
7 parents of the decedent in equal parts,
allowing to the 
8 surviving parent, if one is dead, the entire sum; and


9  (4) when there is no surviving spouse, descendant or 
10 parent of the
decedent, but there are surviving brothers 
11 or sisters, or descendants of a
brother or sister, who 
12 were receiving their principal support from the
decedent 
13 at his death, the entire sum shall be paid, in equal parts, 
14 to the
dependent brothers or sisters or dependent 
15 descendant of a brother or
sister. Dependency shall be 
16 determined by the Court of Claims based upon
the 
17 investigation and report of the Attorney General.

18The changes made to this subsection (d) by this amendatory Act 
19of the 94th General Assembly apply to any pending case as long 
20as compensation has not been paid to any party before the 
21effective date of this amendatory Act of the 94th General 
22Assembly.

23 (d-1) For purposes of subsection (d), in the case of a 
24person killed in the line of duty who was born out of wedlock 
25and was not an adoptive child at the time of the person's 
26death, a person shall be deemed to be a parent of the person 
 
 
10300HB3817sam002- 452 -LRB103 30519 JDS 62533 a


1killed in the line of duty only if that person would be an 
2eligible parent, as defined in Section 2-2 of the Probate Act 
3of 1975, of the person killed in the line of duty. This 
4subsection (d-1) applies to any pending claim if compensation 
5was not paid to the claimant of the pending claim before the 
6effective date of this amendatory Act of the 94th General 
7Assembly.

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

26 (e) If there is no beneficiary designated or if no 
 
 
10300HB3817sam002- 453 -LRB103 30519 JDS 62533 a


1designated beneficiary survives at the death of the
law 
2enforcement officer, civil defense worker, civil air patrol 
3member,
paramedic, fireman, chaplain, State employee, or Armed 
4Forces member
killed in the line of duty
and there is no other 
5person or entity to whom compensation is payable under this 
6Section, no compensation shall be payable
under this Act.

7 (f) No part of such compensation may be paid to any other 
8person for any
efforts in securing such compensation.

9 (g) This amendatory Act of the 93rd General Assembly 
10applies to claims made on or after October 18, 2004 with 
11respect to an Armed Forces member killed in the line of duty.

12 (h) In any case for which benefits have not been paid 
13within 6 months of the claim being filed in accordance with 
14this Section, which is pending as of the effective date of this 
15amendatory Act of the 96th General Assembly, and in which 
16there are 2 or more beneficiaries, at least one of whom would 
17receive at least a portion of the total benefit regardless of 
18the manner in which the Court of Claims resolves the claim, the 
19Court shall direct the Comptroller to pay the minimum amount 
20of money which the determinate beneficiary would receive 
21together with all interest payment penalties which have 
22accrued on that portion of the award being paid within 30 days 
23of the effective date of this amendatory Act of the 96th 
24General Assembly. For purposes of this subsection (h), 
25"determinate beneficiary" means the beneficiary who would 
26receive any portion of the total benefit claimed regardless of 
 
 
10300HB3817sam002- 454 -LRB103 30519 JDS 62533 a


1the manner in which the Court of Claims adjudicates the claim.
2 (i) The Court of Claims shall ensure that all individuals 
3who have filed an application to claim the duty death benefit 
4for a deceased member of the Armed Forces pursuant to this 
5Section or for a fireman pursuant to this Section, or their 
6designated representative, shall have access, on a timely 
7basis and in an efficient manner, to all information related 
8to the court's consideration, processing, or adjudication of 
9the claim, including, but not limited to, the following:
10  (1) a reliable estimate of when the Court of Claims 
11 will adjudicate the claim, or if the Court cannot estimate 
12 when it will adjudicate the claim, a full written 
13 explanation of the reasons for this inability; and
14  (2) a reliable estimate, based upon consultation with 
15 the Comptroller, of when the benefit will be paid to the 
16 claimant.
17 (j) The Court of Claims shall send written notice to all 
18claimants within 2 weeks of the initiation of a claim 
19indicating whether or not the application is complete. For 
20purposes of this subsection (j), an application is complete if 
21a claimant has submitted to the Court of Claims all documents 
22and information the Court requires for adjudicating and paying 
23the benefit amount. For purposes of this subsection (j), a 
24claim for the duty death benefit is initiated when a claimant 
25submits any of the application materials required for 
26adjudicating the claim to the Court of Claims. In the event a 
 
 
10300HB3817sam002- 455 -LRB103 30519 JDS 62533 a


1claimant's application is incomplete, the Court shall include 
2in its written notice a list of the information or documents 
3which the claimant must submit in order for the application to 
4be complete.
In no case may the Court of Claims deny a claim 
5and subsequently re-adjudicate the same claim for the purpose 
6of evading or reducing the interest penalty payment amount 
7payable to any claimant. 
8(Source: P.A. 102-215, eff. 7-30-21.)


9
ARTICLE 10. 


10 Section 10-2. The Department of Human Services Act is 
11amended by adding Section 80-45 as follows:

12 (20 ILCS 1305/80-45 new)
13 Sec. 80-45. Funding Agent and Administration.
14 (a) The Department shall act as funding agent under the 
15terms of the Illinois Affordable Housing Act and shall 
16administer other appropriations for the use of the Illinois 
17Housing Development Authority.
18 (b) The Department may enter into contracts, 
19intergovernmental agreements, grants, cooperative agreements, 
20memoranda of understanding, or other instruments with any 
21federal, State, or local government agency as necessary to 
22fulfill its role as funding agent in compliance with State and 
23federal law. The Department and the Department of Revenue 
 
 
10300HB3817sam002- 456 -LRB103 30519 JDS 62533 a


1shall coordinate, in consultation with the Illinois Housing 
2Development Authority, the transition of the funding agent 
3role, including the transfer of any and all books, records, or 
4documents, in whatever form stored, necessary to the 
5Department's execution of the duties of the funding agent, and 
6the Department may submit to the Governor's Office of 
7Management and Budget requests for exception pursuant to 
8Section 55 of the Grant Accountability and Transparency Act. 
9Notwithstanding Section 5 of the Grant Funds Recovery Act, for 
10State fiscal years 2023 and 2024 only, in order to accomplish 
11the transition of the funding agent role to the Department, 
12grant funds may be made available for expenditure by a grantee 
13for a period of 3 years from the date the funds were 
14distributed by the State.

15 Section 10-3. The State Finance Act is amended by changing 
16Section 6z-20.1 as follows:

17 (30 ILCS 105/6z-20.1)
18 Sec. 6z-20.1. The State Aviation Program Fund and the 
19Sound-Reducing Windows and Doors Replacement Fund.
20 (a) The State Aviation Program Fund is created in the 
21State Treasury. Moneys in the Fund shall be used by the 
22Department of Transportation for the purposes of administering 
23a State Aviation Program. Subject to appropriation, the moneys 
24shall be used for the purpose of distributing grants to units 
 
 
10300HB3817sam002- 457 -LRB103 30519 JDS 62533 a


1of local government to be used for airport-related purposes. 
2Grants to units of local government from the Fund shall be 
3distributed proportionately based on equal part enplanements, 
4total cargo, and airport operations. With regard to 
5enplanements that occur within a municipality with a 
6population of over 500,000, grants shall be distributed only 
7to the municipality.
8 (b) For grants to a unit of government other than a 
9municipality with a population of more than 500,000, 
10"airport-related purposes" means the capital or operating 
11costs of: (1) an airport; (2) a local airport system; or (3) 
12any other local facility that is owned or operated by the 
13person or entity that owns or operates the airport that is 
14directly and substantially related to the air transportation 
15of passengers or property as provided in 49 U.S.C. 47133, 
16including (i) the replacement of sound-reducing windows and 
17doors installed under the Residential Sound Insulation Program 
18and (ii) in-home air quality monitoring testing in residences 
19in which windows or doors were installed under the Residential 
20Sound Insulation Program.
21 (c) For grants to a municipality with a population of more 
22than 500,000, "airport-related purposes" means the capital 
23costs of: (1) an airport; (2) a local airport system; or (3) 
24any other local facility that (i) is owned or operated by a 
25person or entity that owns or operates an airport and (ii) is 
26directly and substantially related to the air transportation 
 
 
10300HB3817sam002- 458 -LRB103 30519 JDS 62533 a


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

22(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)

23 Section 10-4. The Illinois Grant Funds Recovery Act is 
24amended by changing Section 5 as follows:




 
 
10300HB3817sam002- 459 -LRB103 30519 JDS 62533 a


1 (30 ILCS 705/5) (from Ch. 127, par. 2305)



2 Sec. 5. Time limit on expenditure of grant funds. Subject 
3to the restriction
of Section 35 of the State Finance Act, no 
4grant funds may be made available for expenditure by
a grantee 
5for a period longer than 2 years, except where such grant funds

6are disbursed in reimbursement of costs previously incurred by 
7the grantee and except as otherwise provided in subsection (d) 
8of Section 5-200 of the School Construction Law and in 
9subsection (b) of Section 80-45 of the Department of Human 
10Services Act.
Any grant funds not expended or legally 
11obligated by the end of the grant
agreement, or during the time 
12limitation to grant fund expenditures set
forth in this 
13Section, must be returned to the grantor agency within 45

14days, if the funds are not already on deposit with the grantor 
15agency or
the State Treasurer. Such returned funds shall be 
16deposited into the fund
from which the original
grant 
17disbursement to the grantee was made.

18(Source: P.A. 99-606, eff. 7-22-16.)


19 Section 10-5. The Illinois Public Aid Code is amended by 
20changing Sections 12-4.7 and 12-10.10 as follows:




21 (305 ILCS 5/12-4.7) (from Ch. 23, par. 12-4.7)



22 Sec. 12-4.7. Co-operation with other agencies. Make use 
23of, aid and
co-operate with State and local governmental 
24agencies, and co-operate with and
assist other governmental 
 
 
10300HB3817sam002- 460 -LRB103 30519 JDS 62533 a


1and private agencies and organizations engaged in
welfare 
2functions.

3 This grant of authority includes the powers necessary for 
4the Department of Healthcare and Family Services to administer 
5the Illinois Health and Human Services Innovation Incubator 
6(HHSi2) project. The Department of Healthcare and Family 
7Services shall cochair with the Governor's Office of 
8Management and Budget an Executive Steering Committee of 
9partner State agencies to coordinate the HHSi2 project. The 
10powers and duties of the Executive Steering Committee shall be 
11established by intergovernmental agreement. In addition, the 
12Department of Healthcare and Family Services is authorized, 
13without limitation, to enter into agreements with federal 
14agencies, to create and implement the HHSi2 Shared 
15Interoperability Platform, and to create all Implementation 
16Advance Planning documents for the HHSi2 project. 
17(Source: P.A. 92-111, eff. 1-1-02.)


18 (305 ILCS 5/12-10.10)
19 Sec. 12-10.10. HFS DHS Technology Initiative Fund.
20 (a) The HFS DHS Technology Initiative Fund is hereby 
21created as a trust fund within the State treasury with the 
22State Treasurer as the ex-officio custodian of the Fund.
23 (b) The Department of Healthcare and Family Human Services 
24may accept and receive grants, awards, gifts, and bequests, or 
25other moneys from any source, public or private, in support of 
 
 
10300HB3817sam002- 461 -LRB103 30519 JDS 62533 a


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

26(Source: P.A. 100-611, eff. 7-20-18; 101-275, eff. 8-9-19.)

 
 
10300HB3817sam002- 462 -LRB103 30519 JDS 62533 a


1 Section 10-10. The Illinois Affordable Housing Act is 
2amended by changing Sections 3 and 5 as follows:



3 (310 ILCS 65/3) (from Ch. 67 1/2, par. 1253)



4 Sec. 3. Definitions. As used in this Act:

5 (a) "Program" means the Illinois Affordable Housing 
6Program.

7 (b) "Trust Fund" means the Illinois Affordable Housing 
8Trust Fund.

9 (b-5) "Capital Fund" means the Illinois Affordable Housing 
10Capital Fund.

11 (c) "Low-income household" means a single person, family 
12or unrelated
persons living together whose adjusted income is 
13more than 50%, but less than
80%, of the median income of the 
14area of residence, adjusted for family
size, as such adjusted 
15income and median income for the area are determined
from time 
16to time by the United States Department of Housing and Urban

17Development for purposes of Section 8 of the United States 
18Housing Act of 1937.

19 (d) "Very low-income household" means a single person, 
20family or
unrelated persons living together whose adjusted 
21income is not more than
50% of the median income of the area of 
22residence, adjusted for family
size, as such adjusted income 
23and median income for the area are determined
from time to time 
24by the United States Department of Housing and Urban

 
 
10300HB3817sam002- 463 -LRB103 30519 JDS 62533 a


1Development for purposes of Section 8 of the United States 
2Housing Act of 1937.

3 (e) "Affordable housing" means residential housing that, 
4so long as the
same is occupied by low-income households or 
5very low-income households,
requires payment of monthly 
6housing costs, including utilities other than
telephone, of no 
7more than 30% of the maximum allowable income as stated
for 
8such households as defined in this Section.

9 (f) "Multi-family housing" means a building or buildings 
10providing
housing to 5 or more households.

11 (g) "Single-family housing" means a building containing 
12one to 4
dwelling units, including a mobile home as defined in 
13subsection (b) of
Section 3 of the Mobile Home Landlord and 
14Tenant Rights Act, as
amended.

15 (h) "Community-based organization" means a not-for-profit 
16entity whose
governing body includes a majority of members who 
17reside in the community
served by the organization.

18 (i) "Advocacy organization" means a not-for-profit 
19organization which
conducts, in part or in whole, activities 
20to influence public policy on
behalf of low-income or very 
21low-income households.

22 (j) "Program Administrator" means the Illinois Housing 
23Development
Authority.

24 (k) "Funding Agent" means the Illinois Department of Human 
25Services Revenue.

26 (l) "Commission" means the Affordable Housing Advisory 
 
 
10300HB3817sam002- 464 -LRB103 30519 JDS 62533 a


1Commission.

2 (m) "Congregate housing" means a building or structure in 
3which 2 or
more households, inclusive, share common living 
4areas and may share child
care, cleaning, cooking and other 
5household responsibilities.

6 (n) "Eligible applicant" means a proprietorship, 
7partnership, for-profit
corporation, not-for-profit 
8corporation or unit of local government which
seeks to use 
9fund assets as provided in this Article.

10 (o) "Moderate income household" means a single person, 
11family or
unrelated persons living together whose adjusted 
12income is more than 80%
but less than 120% of the median income 
13of the area of residence, adjusted
for family size, as such 
14adjusted income and median income for the area are
determined 
15from time to time by the United States Department of Housing 
16and
Urban Development for purposes of Section 8 of the United 
17States Housing
Act of 1937.

18 (p) "Affordable Housing Program Trust Fund Bonds or Notes" 
19means the bonds
or notes issued by the Program Administrator 
20under the Illinois Housing
Development Act to further the 
21purposes of this Act.

22 (q) "Trust Fund Moneys" means all moneys, deposits, 
23revenues, income,
interest, dividends, receipts, taxes, 
24proceeds and other amounts or funds
deposited or to be 
25deposited into in the Trust Fund pursuant to Section 5(b) of 
26this
Act and any proceeds, investments or increase thereof.

 
 
10300HB3817sam002- 465 -LRB103 30519 JDS 62533 a


1 (r) "Program Escrow" means accounts, except those accounts 
2relating to any
Affordable Housing Program Trust Fund Bonds or 
3Notes, designated by the Program
Administrator, into which 
4Trust Fund Moneys are deposited.

5 (s) "Common household pet" means a domesticated animal, 
6such as a dog (canis lupus familiaris) or cat (felis catus), 
7which is commonly kept in the home for pleasure rather than for 
8commercial purposes. 
9(Source: P.A. 102-283, eff. 1-1-22.)





10 (310 ILCS 65/5) (from Ch. 67 1/2, par. 1255)



11 Sec. 5. Illinois Affordable Housing Trust Fund. 

12 (a) There is hereby
created the Illinois Affordable 
13Housing Trust Fund, hereafter referred to
in this Act as the 
14"Trust Fund" to be held as a separate fund within the
State 
15Treasury and to be administered by the Program Administrator. 
16The
purpose of the Trust Fund is to finance projects of the 
17Illinois Affordable
Housing Program as authorized and approved 
18by the Program Administrator.
The Funding Agent shall 
19establish, within the Trust Fund, a General Account,
a Bond 
20Account, a Commitment Account and a Development Credits

21Account.
The Funding Agent shall authorize distribution of 
22Trust Fund moneys to the
Program Administrator or a payee 
23designated by the Program Administrator for
purposes 
24authorized by this Act. After
receipt of the Trust Fund moneys 
25by the Program Administrator or designated
payee, the Program 
 
 
10300HB3817sam002- 466 -LRB103 30519 JDS 62533 a


1Administrator shall ensure that all those
moneys are expended 
2for a public purpose and only as authorized by this Act.

3 (b) Except as otherwise provided in Section 8(c) of this 
4Act, there
shall be deposited in the Trust Fund such amounts as 
5may become available
under the provisions of this Act, 
6including,
but not limited to:


7  (1) all receipts, including dividends, principal and 
8 interest
repayments attributable to any loans or 
9 agreements
funded from the Trust Fund;


10  (2) all proceeds of assets of whatever nature received 
11 by the
Program Administrator, and attributable to default 
12 with
respect to loans or
agreements funded from the Trust 
13 Fund;


14  (3) any appropriations, grants or gifts of funds or 
15 property, or financial
or other aid from any federal or 
16 State agency or
body, local government or any other public 
17 organization or private individual
made to the Trust Fund;


18  (4) any income received as a result of the investment 
19 of moneys in
the Trust Fund;


20  (5) all fees or charges collected by the Program 
21 Administrator or
Funding Agent pursuant to this Act;


22  (6) amounts as provided in Section 31-35 of the Real 
23 Estate Transfer Tax Law an amount equal to one half of all 
24 proceeds collected by the
Funding Agent pursuant to 
25 Section 3 of the Real Estate Transfer Tax
Act, as amended;


26  (7) other funds as appropriated by the General 
 
 
10300HB3817sam002- 467 -LRB103 30519 JDS 62533 a


1 Assembly; and


2  (8) any income, less costs and fees associated with 
3 the Program Escrow,
received by the Program Administrator 
4 that is derived from Trust Fund Moneys
held in the Program 
5 Escrow prior to expenditure of such Trust Fund Moneys.
6 (c) Additional Trust Fund Purpose: Receipt and use of 
7federal funding for programs responding to the COVID-19 public 
8health emergency. Notwithstanding any other provision of this 
9Act or any other law limiting or directing the use of the Trust 
10Fund, the Trust Fund may receive, directly or indirectly, 
11federal funds from the Homeowner Assistance Fund authorized 
12under Section 3206 of the federal American Rescue Plan Act of 
132021 (Public Law 117-2). Any such funds shall be deposited 
14into a Homeowner Assistance Account which shall be established 
15within the Trust Fund by the Funding Agent so that such funds 
16can be accounted for separately from other funds in the Trust 
17Fund. Such funds may be used only in the manner and for the 
18purposes authorized in Section 3206 of the American Rescue 
19Plan Act of 2021 and in related federal guidance. Also, the 
20Trust Fund may receive, directly or indirectly, federal funds 
21from the Emergency Rental Assistance Program authorized under 
22Section 3201 of the federal American Rescue Plan Act of 2021 
23and Section 501 of Subtitle A of Title V of Division N of the 
24Consolidated Appropriations Act, 2021 (Public Law 116–260). 
25Any such funds shall be deposited into an Emergency Rental 
26Assistance Account which shall be established within the Trust 
 
 
10300HB3817sam002- 468 -LRB103 30519 JDS 62533 a


1Fund by the Funding Agent so that such funds can be accounted 
2for separately from other funds in the Trust Fund. Such funds 
3may be used only in the manner and for the purposes authorized 
4in Section 3201 of the American Rescue Plan Act of 2021 and in 
5related federal guidance. Expenditures under this subsection 
6(c) are subject to annual appropriation to the Funding Agent. 
7Unless used in this subsection (c), the defined terms set 
8forth in Section 3 shall not apply to funds received pursuant 
9to the American Rescue Plan Act of 2021. Notwithstanding any 
10other provision of this Act or any other law limiting or 
11directing the use of the Trust Fund, funds received under the 
12American Rescue Plan Act of 2021 are not subject to the terms 
13and provisions of this Act except as specifically set forth in 
14this subsection (c). 

15(Source: P.A. 102-16, eff. 6-17-21.)


16
ARTICLE 15. 


17 Section 15-5. The Illinois Administrative Procedure Act is 
18amended by adding Sections 5-45.42 and 5-45.43 as follows:

19 (5 ILCS 100/5-45.42 new)
20 Sec. 5-45.42. Emergency rulemaking; Mental Health and 
21Developmental Disabilities Administrative Act. To provide for 
22the expeditious and timely implementation of the changes made 
23to Section 74 of the Mental Health and Developmental 
 
 
10300HB3817sam002- 469 -LRB103 30519 JDS 62533 a


1Disabilities Administrative Act by this amendatory Act of the 
2103rd General Assembly, emergency rules implementing the 
3changes made to that Section by this amendatory Act of the 
4103rd General Assembly may be adopted in accordance with 
5Section 5-45 by the Department of Human Services or other 
6department essential to the implementation of the changes. The 
7adoption of emergency rules authorized by Section 5-45 and 
8this Section is deemed to be necessary for the public 
9interest, safety, and welfare.
10 This Section is repealed one year after the effective date 
11of this amendatory Act of the 103rd General Assembly. 

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

 
 
10300HB3817sam002- 470 -LRB103 30519 JDS 62533 a


1 Section 15-10. The Mental Health and Developmental 
2Disabilities Administrative Act is amended by changing Section 
374 as follows:


4 (20 ILCS 1705/74)

5 Sec. 74. Rates and reimbursements. 
6 (a) Within 30 days after July 6, 2017 (the effective date 
7of Public Act 100-23), the Department shall increase rates and 
8reimbursements to fund a minimum of a $0.75 per hour wage 
9increase for front-line personnel, including, but not limited 
10to, direct support professionals, aides, front-line 
11supervisors, qualified intellectual disabilities 
12professionals, nurses, and non-administrative support staff 
13working in community-based provider organizations serving 
14individuals with developmental disabilities. The Department 
15shall adopt rules, including emergency rules under subsection 
16(y) of Section 5-45 of the Illinois Administrative Procedure 
17Act, to implement the provisions of this Section.
18 (b) Rates and reimbursements. Within 30 days after June 4, 
192018 (the effective date of Public Act 100-587) this 
20amendatory Act of the 100th General Assembly, the Department 
21shall increase rates and reimbursements to fund a minimum of a 
22$0.50 per hour wage increase for front-line personnel, 
23including, but not limited to, direct support professionals, 
24aides, front-line supervisors, qualified intellectual 
 
 
10300HB3817sam002- 471 -LRB103 30519 JDS 62533 a


1disabilities professionals, nurses, and non-administrative 
2support staff working in community-based provider 
3organizations serving individuals with developmental 
4disabilities. The Department shall adopt rules, including 
5emergency rules under subsection (bb) of Section 5-45 of the 
6Illinois Administrative Procedure Act, to implement the 
7provisions of this Section.
8 (c) Rates and reimbursements. Within 30 days after June 5, 
92019 (the effective date of Public Act 101-10) this amendatory 
10Act of the 101st General Assembly, subject to federal 
11approval, the Department shall increase rates and 
12reimbursements in effect on June 30, 2019 for community-based 
13providers for persons with Developmental Disabilities by 3.5% 
14The Department shall adopt rules, including emergency rules 
15under subsection (jj) of Section 5-45 of the Illinois 
16Administrative Procedure Act, to implement the provisions of 
17this Section, including wage increases for direct care staff.
18 (d) For community-based providers serving persons with 
19intellectual/developmental disabilities, subject to federal 
20approval of any relevant Waiver Amendment, the rates taking 
21effect for services delivered on or after January 1, 2022, 
22shall include an increase in the rate methodology sufficient 
23to provide a $1.50 per hour wage increase for direct support 
24professionals in residential settings and sufficient to 
25provide wages for all residential non-executive direct care 
26staff, excluding direct support professionals, at the federal 
 
 
10300HB3817sam002- 472 -LRB103 30519 JDS 62533 a


1Department of Labor, Bureau of Labor Statistics' average wage 
2as defined in rule by the Department.
3 The establishment of and any changes to the rate 
4methodologies for community-based services provided to persons 
5with intellectual/developmental disabilities are subject to 
6federal approval of any relevant Waiver Amendment and shall be 
7defined in rule by the Department. The Department shall adopt 
8rules, including emergency rules as authorized by Section 5-45 
9of the Illinois Administrative Procedure Act, to implement the 
10provisions of this subsection (d). 
11 (e) For community-based providers serving persons with 
12intellectual/developmental disabilities, subject to federal 
13approval of any relevant Waiver Amendment, the rates taking 
14effect for services delivered on or after January 1, 2023, 
15shall include an increase in the rate methodology sufficient 
16to provide a $1.00 per hour wage increase for all direct 
17support professionals personnel and all other frontline 
18personnel who are not subject to the Bureau of Labor 
19Statistics' average wage increases, who work in residential 
20and community day services settings, with at least $0.50 of 
21those funds to be provided as a direct increase to base wages, 
22with the remaining $0.50 to be used flexibly for base wage 
23increases. In addition, the rates taking effect for services 
24delivered on or after January 1, 2023 shall include an 
25increase sufficient to provide wages for all residential 
26non-executive direct care staff, excluding direct support 
 
 
10300HB3817sam002- 473 -LRB103 30519 JDS 62533 a


1professionals personnel, at the federal Department of Labor, 
2Bureau of Labor Statistics' average wage as defined in rule by 
3the Department.
4 The establishment of and any changes to the rate 
5methodologies for community-based services provided to persons 
6with intellectual/developmental disabilities are subject to 
7federal approval of any relevant Waiver Amendment and shall be 
8defined in rule by the Department. The Department shall adopt 
9rules, including emergency rules as authorized by Section 5-45 
10of the Illinois Administrative Procedure Act, to implement the 
11provisions of this subsection. 
12 (f) For community-based providers serving persons with 
13intellectual/developmental disabilities, subject to federal 
14approval of any relevant Waiver Amendment, the rates taking 
15effect for services delivered on or after January 1, 2024 
16shall include an increase in the rate methodology sufficient 
17to provide a $2.50 per hour wage increase for all direct 
18support professionals and all other frontline personnel who 
19are not subject to the Bureau of Labor Statistics' average 
20wage increases and who work in residential and community day 
21services settings. At least $1.25 of the per hour wage 
22increase shall be provided as a direct increase to base wages, 
23and the remaining $1.25 of the per hour wage increase shall be 
24used flexibly for base wage increases. In addition, the rates 
25taking effect for services delivered on or after January 1, 
262024 shall include an increase sufficient to provide wages for 
 
 
10300HB3817sam002- 474 -LRB103 30519 JDS 62533 a


1all residential non-executive direct care staff, excluding 
2direct support professionals, at the federal Department of 
3Labor, Bureau of Labor Statistics' average wage as defined in 
4rule by the Department. 
5 The establishment of and any changes to the rate 
6methodologies for community-based services provided to persons 
7with intellectual/developmental disabilities are subject to 
8federal approval of any relevant Waiver Amendment and shall be 
9defined in rule by the Department. The Department shall adopt 
10rules, including emergency rules as authorized by Section 5-45 
11of the Illinois Administrative Procedure Act, to implement the 
12provisions of this subsection. 
13(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21; 
14102-699, eff. 4-19-22; 102-830, eff. 1-1-23; revised 
1512-13-22.)

16 Section 15-15. The Illinois Public Aid Code is amended by 
17changing Sections 5-5.4, 5-5.7a, and 12-4.11 and by adding 
18Section 9A-17 as follows:



19 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)


20 Sec. 5-5.4. Standards of Payment - Department of 
21Healthcare and Family Services.
The Department of Healthcare 
22and Family Services shall develop standards of payment of

23nursing facility and ICF/DD services in facilities providing 
24such services
under this Article which:

 
 
10300HB3817sam002- 475 -LRB103 30519 JDS 62533 a


1 (1) Provide for the determination of a facility's payment

2for nursing facility or ICF/DD services on a prospective 
3basis.
The amount of the payment rate for all nursing 
4facilities certified by the
Department of Public Health under 
5the ID/DD Community Care Act or the Nursing Home Care Act as 
6Intermediate
Care for the Developmentally Disabled facilities, 
7Long Term Care for Under Age
22 facilities, Skilled Nursing 
8facilities, or Intermediate Care facilities
under the
medical 
9assistance program shall be prospectively established annually 
10on the
basis of historical, financial, and statistical data 
11reflecting actual costs
from prior years, which shall be 
12applied to the current rate year and updated
for inflation, 
13except that the capital cost element for newly constructed

14facilities shall be based upon projected budgets. The annually 
15established
payment rate shall take effect on July 1 in 1984 
16and subsequent years. No rate
increase and no
update for 
17inflation shall be provided on or after July 1, 1994, unless 
18specifically provided for in this
Section.
The changes made by 
19Public Act 93-841
extending the duration of the prohibition 
20against a rate increase or update for inflation are effective 
21retroactive to July 1, 2004.

22 For facilities licensed by the Department of Public Health 
23under the Nursing
Home Care Act as Intermediate Care for the 
24Developmentally Disabled facilities
or Long Term Care for 
25Under Age 22 facilities, the rates taking effect on July
1, 
261998 shall include an increase of 3%. For facilities licensed 
 
 
10300HB3817sam002- 476 -LRB103 30519 JDS 62533 a


1by the
Department of Public Health under the Nursing Home Care 
2Act as Skilled Nursing
facilities or Intermediate Care 
3facilities, the rates taking effect on July 1,
1998 shall 
4include an increase of 3% plus $1.10 per resident-day, as 
5defined by
the Department. For facilities licensed by the 
6Department of Public Health under the Nursing Home Care Act as 
7Intermediate Care Facilities for the Developmentally Disabled 
8or Long Term Care for Under Age 22 facilities, the rates taking 
9effect on January 1, 2006 shall include an increase of 3%.
For 
10facilities licensed by the Department of Public Health under 
11the Nursing Home Care Act as Intermediate Care Facilities for 
12the Developmentally Disabled or Long Term Care for Under Age 
1322 facilities, the rates taking effect on January 1, 2009 
14shall include an increase sufficient to provide a $0.50 per 
15hour wage increase for non-executive staff. For facilities 
16licensed by the Department of Public Health under the ID/DD 
17Community Care Act as ID/DD Facilities the rates taking effect 
18within 30 days after July 6, 2017 (the effective date of Public 
19Act 100-23) shall include an increase sufficient to provide a 
20$0.75 per hour wage increase for non-executive staff. The 
21Department shall adopt rules, including emergency rules under 
22subsection (y) of Section 5-45 of the Illinois Administrative 
23Procedure Act, to implement the provisions of this paragraph. 
24For facilities licensed by the Department of Public Health 
25under the ID/DD Community Care Act as ID/DD Facilities and 
26under the MC/DD Act as MC/DD Facilities, the rates taking 
 
 
10300HB3817sam002- 477 -LRB103 30519 JDS 62533 a


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

17resident-day, as defined by the Department. For facilities 
18licensed by the
Department of Public Health under the Nursing 
19Home Care Act as Skilled Nursing
facilities or Intermediate 
20Care facilities, the rates taking effect on July 1,
1999 shall 
21include an increase of 1.6% and, for services provided on or 
22after
October 1, 1999, shall be increased by $4.00 per 
23resident-day, as defined by
the Department.

24 For facilities licensed by the Department of Public Health 
25under the
Nursing Home Care Act as Intermediate Care for the 
26Developmentally Disabled
facilities or Long Term Care for 
 
 
10300HB3817sam002- 478 -LRB103 30519 JDS 62533 a


1Under Age 22 facilities, the rates taking
effect on July 1, 
22000 shall include an increase of 2.5% per resident-day,
as 
3defined by the Department. For facilities licensed by the 
4Department of
Public Health under the Nursing Home Care Act as 
5Skilled Nursing facilities or
Intermediate Care facilities, 
6the rates taking effect on July 1, 2000 shall
include an 
7increase of 2.5% per resident-day, as defined by the 
8Department.

9 For facilities licensed by the Department of Public Health 
10under the
Nursing Home Care Act as skilled nursing facilities 
11or intermediate care
facilities, a new payment methodology 
12must be implemented for the nursing
component of the rate 
13effective July 1, 2003. The Department of Public Aid
(now 
14Healthcare and Family Services) shall develop the new payment 
15methodology using the Minimum Data Set
(MDS) as the instrument 
16to collect information concerning nursing home
resident 
17condition necessary to compute the rate. The Department
shall 
18develop the new payment methodology to meet the unique needs 
19of
Illinois nursing home residents while remaining subject to 
20the appropriations
provided by the General Assembly.
A 
21transition period from the payment methodology in effect on 
22June 30, 2003
to the payment methodology in effect on July 1, 
232003 shall be provided for a
period not exceeding 3 years and 
24184 days after implementation of the new payment
methodology 
25as follows:

26  (A) For a facility that would receive a lower
nursing 
 
 
10300HB3817sam002- 479 -LRB103 30519 JDS 62533 a


1 component rate per patient day under the new system than 
2 the facility
received
effective on the date immediately 
3 preceding the date that the Department
implements the new 
4 payment methodology, the nursing component rate per 
5 patient
day for the facility
shall be held at
the level in 
6 effect on the date immediately preceding the date that the

7 Department implements the new payment methodology until a 
8 higher nursing
component rate of
reimbursement is achieved 
9 by that
facility.

10  (B) For a facility that would receive a higher nursing 
11 component rate per
patient day under the payment 
12 methodology in effect on July 1, 2003 than the
facility 
13 received effective on the date immediately preceding the 
14 date that the
Department implements the new payment 
15 methodology, the nursing component rate
per patient day 
16 for the facility shall be adjusted.

17  (C) Notwithstanding paragraphs (A) and (B), the 
18 nursing component rate per
patient day for the facility 
19 shall be adjusted subject to appropriations
provided by 
20 the General Assembly.

21 For facilities licensed by the Department of Public Health 
22under the
Nursing Home Care Act as Intermediate Care for the 
23Developmentally Disabled
facilities or Long Term Care for 
24Under Age 22 facilities, the rates taking
effect on March 1, 
252001 shall include a statewide increase of 7.85%, as
defined 
26by the Department.

 
 
10300HB3817sam002- 480 -LRB103 30519 JDS 62533 a


1 Notwithstanding any other provision of this Section, for 
2facilities licensed by the Department of Public Health under 
3the
Nursing Home Care Act as skilled nursing facilities or 
4intermediate care
facilities, except facilities participating 
5in the Department's demonstration program pursuant to the 
6provisions of Title 77, Part 300, Subpart T of the Illinois 
7Administrative Code, the numerator of the ratio used by the 
8Department of Healthcare and Family Services to compute the 
9rate payable under this Section using the Minimum Data Set 
10(MDS) methodology shall incorporate the following annual 
11amounts as the additional funds appropriated to the Department 
12specifically to pay for rates based on the MDS nursing 
13component methodology in excess of the funding in effect on 
14December 31, 2006:
15  (i) For rates taking effect January 1, 2007, 
16 $60,000,000.
17  (ii) For rates taking effect January 1, 2008, 
18 $110,000,000.
19  (iii) For rates taking effect January 1, 2009, 
20 $194,000,000. 
21  (iv) For rates taking effect April 1, 2011, or the 
22 first day of the month that begins at least 45 days after 
23 February 16, 2011 (the effective date of Public Act 
24 96-1530) this amendatory Act of the 96th General Assembly, 
25 $416,500,000 or an amount as may be necessary to complete 
26 the transition to the MDS methodology for the nursing 
 
 
10300HB3817sam002- 481 -LRB103 30519 JDS 62533 a


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

22beginning July 1, 2002 these rates are reduced to the level of 
23the rates
in effect on March 31, 2002, as defined by the 
24Department.

25 For facilities licensed by the Department of Public Health 
26under the
Nursing Home Care Act as skilled nursing facilities 
 
 
10300HB3817sam002- 482 -LRB103 30519 JDS 62533 a


1or intermediate care
facilities, the rates taking effect on 
2July 1, 2001 shall be computed using the most recent cost 
3reports
on file with the Department of Public Aid no later than 
4April 1, 2000,
updated for inflation to January 1, 2001. For 
5rates effective July 1, 2001
only, rates shall be the greater 
6of the rate computed for July 1, 2001
or the rate effective on 
7June 30, 2001.

8 Notwithstanding any other provision of this Section, for 
9facilities
licensed by the Department of Public Health under 
10the Nursing Home Care Act
as skilled nursing facilities or 
11intermediate care facilities, the Illinois
Department shall 
12determine by rule the rates taking effect on July 1, 2002,

13which shall be 5.9% less than the rates in effect on June 30, 
142002.

15 Notwithstanding any other provision of this Section, for 
16facilities
licensed by the Department of Public Health under 
17the Nursing Home Care Act as
skilled nursing
facilities or 
18intermediate care facilities, if the payment methodologies 
19required under Section 5A-12 and the waiver granted under 42 
20CFR 433.68 are approved by the United States Centers for 
21Medicare and Medicaid Services, the rates taking effect on 
22July 1, 2004 shall be 3.0% greater than the rates in effect on 
23June 30, 2004. These rates shall take
effect only upon 
24approval and
implementation of the payment methodologies 
25required under Section 5A-12.

26 Notwithstanding any other provisions of this Section, for 
 
 
10300HB3817sam002- 483 -LRB103 30519 JDS 62533 a


1facilities licensed by the Department of Public Health under 
2the Nursing Home Care Act as skilled nursing facilities or 
3intermediate care facilities, the rates taking effect on 
4January 1, 2005 shall be 3% more than the rates in effect on 
5December 31, 2004.

6 Notwithstanding any other provision of this Section, for 
7facilities licensed by the Department of Public Health under 
8the Nursing Home Care Act as skilled nursing facilities or 
9intermediate care facilities, effective January 1, 2009, the 
10per diem support component of the rates effective on January 
111, 2008, computed using the most recent cost reports on file 
12with the Department of Healthcare and Family Services no later 
13than April 1, 2005, updated for inflation to January 1, 2006, 
14shall be increased to the amount that would have been derived 
15using standard Department of Healthcare and Family Services 
16methods, procedures, and inflators. 
17 Notwithstanding any other provisions of this Section, for 
18facilities licensed by the Department of Public Health under 
19the Nursing Home Care Act as intermediate care facilities that 
20are federally defined as Institutions for Mental Disease, or 
21facilities licensed by the Department of Public Health under 
22the Specialized Mental Health Rehabilitation Act of 2013, a 
23socio-development component rate equal to 6.6% of the 
24facility's nursing component rate as of January 1, 2006 shall 
25be established and paid effective July 1, 2006. The 
26socio-development component of the rate shall be increased by 
 
 
10300HB3817sam002- 484 -LRB103 30519 JDS 62533 a


1a factor of 2.53 on the first day of the month that begins at 
2least 45 days after January 11, 2008 (the effective date of 
3Public Act 95-707). As of August 1, 2008, the 
4socio-development component rate shall be equal to 6.6% of the 
5facility's nursing component rate as of January 1, 2006, 
6multiplied by a factor of 3.53. For services provided on or 
7after April 1, 2011, or the first day of the month that begins 
8at least 45 days after February 16, 2011 (the effective date of 
9Public Act 96-1530) this amendatory Act of the 96th General 
10Assembly, whichever is later, the Illinois Department may by 
11rule adjust these socio-development component rates, and may 
12use different adjustment methodologies for those facilities 
13participating, and those not participating, in the Illinois 
14Department's demonstration program pursuant to the provisions 
15of Title 77, Part 300, Subpart T of the Illinois 
16Administrative Code, but in no case may such rates be 
17diminished below those in effect on August 1, 2008.

18 For facilities
licensed
by the
Department of Public Health 
19under the Nursing Home Care Act as Intermediate
Care for
the 
20Developmentally Disabled facilities or as long-term care 
21facilities for
residents under 22 years of age, the rates 
22taking effect on July 1,
2003 shall
include a statewide 
23increase of 4%, as defined by the Department.

24 For facilities licensed by the Department of Public Health 
25under the
Nursing Home Care Act as Intermediate Care for the 
26Developmentally Disabled
facilities or Long Term Care for 
 
 
10300HB3817sam002- 485 -LRB103 30519 JDS 62533 a


1Under Age 22 facilities, the rates taking
effect on the first 
2day of the month that begins at least 45 days after January 11, 
32008 (the effective date of Public Act 95-707) this amendatory 
4Act of the 95th General Assembly shall include a statewide 
5increase of 2.5%, as
defined by the Department. 
6 Notwithstanding any other provision of this Section, for 
7facilities licensed by the Department of Public Health under 
8the Nursing Home Care Act as skilled nursing facilities or 
9intermediate care facilities, effective January 1, 2005, 
10facility rates shall be increased by the difference between 
11(i) a facility's per diem property, liability, and malpractice 
12insurance costs as reported in the cost report filed with the 
13Department of Public Aid and used to establish rates effective 
14July 1, 2001 and (ii) those same costs as reported in the 
15facility's 2002 cost report. These costs shall be passed 
16through to the facility without caps or limitations, except 
17for adjustments required under normal auditing procedures.

18 Rates established effective each July 1 shall govern 
19payment
for services rendered throughout that fiscal year, 
20except that rates
established on July 1, 1996 shall be 
21increased by 6.8% for services
provided on or after January 1, 
221997. Such rates will be based
upon the rates calculated for 
23the year beginning July 1, 1990, and for
subsequent years 
24thereafter until June 30, 2001 shall be based on the
facility 
25cost reports
for the facility fiscal year ending at any point 
26in time during the previous
calendar year, updated to the 
 
 
10300HB3817sam002- 486 -LRB103 30519 JDS 62533 a


1midpoint of the rate year. The cost report
shall be on file 
2with the Department no later than April 1 of the current
rate 
3year. Should the cost report not be on file by April 1, the 
4Department
shall base the rate on the latest cost report filed 
5by each skilled care
facility and intermediate care facility, 
6updated to the midpoint of the
current rate year. In 
7determining rates for services rendered on and after
July 1, 
81985, fixed time shall not be computed at less than zero. The

9Department shall not make any alterations of regulations which 
10would reduce
any component of the Medicaid rate to a level 
11below what that component would
have been utilizing in the 
12rate effective on July 1, 1984.

13 (2) Shall take into account the actual costs incurred by 
14facilities
in providing services for recipients of skilled 
15nursing and intermediate
care services under the medical 
16assistance program.

17 (3) Shall take into account the medical and psycho-social

18characteristics and needs of the patients.

19 (4) Shall take into account the actual costs incurred by 
20facilities in
meeting licensing and certification standards 
21imposed and prescribed by the
State of Illinois, any of its 
22political subdivisions or municipalities and by
the U.S. 
23Department of Health and Human Services pursuant to Title XIX 
24of the
Social Security Act.

25 The Department of Healthcare and Family Services
shall 
26develop precise standards for
payments to reimburse nursing 
 
 
10300HB3817sam002- 487 -LRB103 30519 JDS 62533 a


1facilities for any utilization of
appropriate rehabilitative 
2personnel for the provision of rehabilitative
services which 
3is authorized by federal regulations, including
reimbursement 
4for services provided by qualified therapists or qualified

5assistants, and which is in accordance with accepted 
6professional
practices. Reimbursement also may be made for 
7utilization of other
supportive personnel under appropriate 
8supervision.

9 The Department shall develop enhanced payments to offset 
10the additional costs incurred by a
facility serving 
11exceptional need residents and shall allocate at least 
12$4,000,000 of the funds
collected from the assessment 
13established by Section 5B-2 of this Code for such payments. 
14For
the purpose of this Section, "exceptional needs" means, 
15but need not be limited to, ventilator care and traumatic 
16brain injury care. The enhanced payments for exceptional need 
17residents under this paragraph are not due and payable, 
18however, until (i) the methodologies described in this 
19paragraph are approved by the federal government in an 
20appropriate State Plan amendment and (ii) the assessment 
21imposed by Section 5B-2 of this Code is determined to be a 
22permissible tax under Title XIX of the Social Security Act.
23 Beginning January 1, 2014 the methodologies for 
24reimbursement of nursing facility services as provided under 
25this Section 5-5.4 shall no longer be applicable for services 
26provided on or after January 1, 2014. 
 
 
10300HB3817sam002- 488 -LRB103 30519 JDS 62533 a


1 No payment increase under this Section for the MDS 
2methodology, exceptional care residents, or the 
3socio-development component rate established by Public Act 
496-1530 of the 96th General Assembly and funded by the 
5assessment imposed under Section 5B-2 of this Code shall be 
6due and payable until after the Department notifies the 
7long-term care providers, in writing, that the payment 
8methodologies to long-term care providers required under this 
9Section have been approved by the Centers for Medicare and 
10Medicaid Services of the U.S. Department of Health and Human 
11Services and the waivers under 42 CFR 433.68 for the 
12assessment imposed by this Section, if necessary, have been 
13granted by the Centers for Medicare and Medicaid Services of 
14the U.S. Department of Health and Human Services. Upon 
15notification to the Department of approval of the payment 
16methodologies required under this Section and the waivers 
17granted under 42 CFR 433.68, all increased payments otherwise 
18due under this Section prior to the date of notification shall 
19be due and payable within 90 days of the date federal approval 
20is received. 
21 On and after July 1, 2012, the Department shall reduce any 
22rate of reimbursement for services or other payments or alter 
23any methodologies authorized by this Code to reduce any rate 
24of reimbursement for services or other payments in accordance 
25with Section 5-5e. 
26 For facilities licensed by the Department of Public Health 
 
 
10300HB3817sam002- 489 -LRB103 30519 JDS 62533 a


1under the ID/DD Community Care Act as ID/DD Facilities and 
2under the MC/DD Act as MC/DD Facilities, subject to federal 
3approval, the rates taking effect for services delivered on or 
4after August 1, 2019 shall be increased by 3.5% over the rates 
5in effect on June 30, 2019. The Department shall adopt rules, 
6including emergency rules under subsection (ii) of Section 
75-45 of the Illinois Administrative Procedure Act, to 
8implement the provisions of this Section, including wage 
9increases for direct care staff. 
10 For facilities licensed by the Department of Public Health 
11under the ID/DD Community Care Act as ID/DD Facilities and 
12under the MC/DD Act as MC/DD Facilities, subject to federal 
13approval, the rates taking effect on the latter of the 
14approval date of the State Plan Amendment for these facilities 
15or the Waiver Amendment for the home and community-based 
16services settings shall include an increase sufficient to 
17provide a $0.26 per hour wage increase to the base wage for 
18non-executive staff. The Department shall adopt rules, 
19including emergency rules as authorized by Section 5-45 of the 
20Illinois Administrative Procedure Act, to implement the 
21provisions of
this Section, including wage increases for 
22direct care staff. 
23 For facilities licensed by the Department of Public Health 
24under the ID/DD Community Care Act as ID/DD Facilities and 
25under the MC/DD Act as MC/DD Facilities, subject to federal 
26approval of the State Plan Amendment and the Waiver Amendment 
 
 
10300HB3817sam002- 490 -LRB103 30519 JDS 62533 a


1for the home and community-based services settings, the rates 
2taking effect for the services delivered on or after July 1, 
32020 shall include an increase sufficient to provide a $1.00 
4per hour wage increase for non-executive staff. For services 
5delivered on or after January 1, 2021, subject to federal 
6approval of the State Plan Amendment and the Waiver Amendment 
7for the home and community-based services settings, shall 
8include an increase sufficient to provide a $0.50 per hour 
9increase for non-executive staff. The Department shall adopt 
10rules, including emergency rules as authorized by Section 5-45 
11of the Illinois Administrative Procedure Act, to implement the 
12provisions of this Section, including wage increases for 
13direct care staff. 
14 For facilities licensed by the Department of Public Health 
15under the ID/DD Community Care Act as ID/DD Facilities and 
16under the MC/DD Act as MC/DD Facilities, subject to federal 
17approval of the State Plan Amendment, the rates taking effect 
18for the residential services delivered on or after July 1, 
192021, shall include an increase sufficient to provide a $0.50 
20per hour increase for aides in the rate methodology. For 
21facilities licensed by the Department of Public Health under 
22the ID/DD Community Care Act as ID/DD Facilities and under the 
23MC/DD Act as MC/DD Facilities, subject to federal approval of 
24the State Plan Amendment, the rates taking effect for the 
25residential services delivered on or after January 1, 2022 
26shall include an increase sufficient to provide a $1.00 per 
 
 
10300HB3817sam002- 491 -LRB103 30519 JDS 62533 a


1hour increase for aides in the rate methodology. In addition, 
2for residential services delivered on or after January 1, 2022 
3such rates shall include an increase sufficient to provide 
4wages for all residential non-executive direct care staff, 
5excluding aides, at the federal Department of Labor, Bureau of 
6Labor Statistics' average wage as defined in rule by the 
7Department. The Department shall adopt rules, including 
8emergency rules as authorized by Section 5-45 of the Illinois 
9Administrative Procedure Act, to implement the provisions of 
10this Section. 
11 For facilities licensed by the Department of Public Health 
12under the ID/DD Community Care Act as ID/DD facilities and 
13under the MC/DD Act as MC/DD facilities, subject to federal 
14approval of the State Plan Amendment, the rates taking effect 
15for services delivered on or after January 1, 2023, shall 
16include a $1.00 per hour wage increase for all direct support 
17personnel and all other frontline personnel who are not 
18subject to the Bureau of Labor Statistics' average wage 
19increases, who work in residential and community day services 
20settings, with at least $0.50 of those funds to be provided as 
21a direct increase to all aide base wages, with the remaining 
22$0.50 to be used flexibly for base wage increases to the rate 
23methodology for aides. In addition, for residential services 
24delivered on or after January 1, 2023 the rates shall include 
25an increase sufficient to provide wages for all residential 
26non-executive direct care staff, excluding aides, at the 
 
 
10300HB3817sam002- 492 -LRB103 30519 JDS 62533 a


1federal Department of Labor, Bureau of Labor Statistics' 
2average wage as determined by the Department. Also, for 
3services delivered on or after January 1, 2023, the rates will 
4include adjustments to employment-related expenses as defined 
5in rule by the Department. The Department shall adopt rules, 
6including emergency rules as authorized by Section 5-45 of the 
7Illinois Administrative Procedure Act, to implement the 
8provisions of this Section. 
9 For facilities licensed by the Department of Public Health 
10under the ID/DD Community Care Act as ID/DD facilities and 
11under the MC/DD Act as MC/DD facilities, subject to federal 
12approval of the State Plan Amendment, the rates taking effect 
13for services delivered on or after January 1, 2024 shall 
14include a $2.50 per hour wage increase for all direct support 
15personnel and all other frontline personnel who are not 
16subject to the Bureau of Labor Statistics' average wage 
17increases and who work in residential and community day 
18services settings. At least $1.25 of the per hour wage 
19increase shall be provided as a direct increase to all aide 
20base wages, and the remaining $1.25 of the per hour wage 
21increase shall be used flexibly for base wage increases to the 
22rate methodology for aides. In addition, for residential 
23services delivered on or after January 1, 2024, the rates 
24shall include an increase sufficient to provide wages for all 
25residential non-executive direct care staff, excluding aides, 
26at the federal Department of Labor, Bureau of Labor 
 
 
10300HB3817sam002- 493 -LRB103 30519 JDS 62533 a


1Statistics' average wage as determined by the Department. 
2Also, for services delivered on or after January 1, 2024, the 
3rates will include adjustments to employment-related expenses 
4as defined in rule by the Department. The Department shall 
5adopt rules, including emergency rules as authorized by 
6Section 5-45 of the Illinois Administrative Procedure Act, to 
7implement the provisions of this Section. 
8(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 
9102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)

10 (305 ILCS 5/5-5.7a)
11 Sec. 5-5.7a. Pandemic related stability payments for 
12health care providers. Notwithstanding other provisions of 
13law, and in accordance with the Illinois Emergency Management 
14Agency, the Department of Healthcare and Family Services shall 
15develop a process to distribute pandemic related stability 
16payments, from federal sources dedicated for such purposes, to 
17health care providers that are providing care to recipients 
18under the Medical Assistance Program. For provider types 
19serving residents who are recipients of medical assistance 
20under this Code and are funded by other State agencies, the 
21Department will coordinate the distribution process of the 
22pandemic related stability payments. Federal sources dedicated 
23to pandemic related payments include, but are not limited to, 
24funds distributed to the State of Illinois from the 
25Coronavirus Relief Fund pursuant to the Coronavirus Aid, 
 
 
10300HB3817sam002- 494 -LRB103 30519 JDS 62533 a


1Relief, and Economic Security Act ("CARES Act") and from the 
2Coronavirus State Fiscal Recovery Fund pursuant to Section 
39901 of the American Rescue Plan Act of 2021, that are 
4appropriated to the Department during Fiscal Years 2020, 2021, 
5and 2022 for purposes permitted by those federal laws and 
6related federal guidance.
7  (1) Pandemic related stability payments for these 
8 providers shall be separate and apart from any rate 
9 methodology otherwise defined in this Code to the extent 
10 permitted in accordance with Section 5001 of the CARES Act 
11 and Section 9901 of the American Rescue Plan Act of 2021 
12 and any related federal guidance.
13  (2) Payments made from moneys received from the 
14 Coronavirus Relief Fund shall be used exclusively for 
15 expenses incurred by the providers that are eligible for 
16 reimbursement from the Coronavirus Relief Fund in 
17 accordance with Section 5001 of the CARES Act and related 
18 federal guidance. Payments made from moneys received from 
19 the Coronavirus State Fiscal Recovery Fund shall be used 
20 exclusively for purposes permitted by Section 9901 of the 
21 American Rescue Plan Act of 2021 and related federal 
22 guidance.
23  (3) All providers receiving pandemic related stability 
24 payments shall attest in a format to be created by the 
25 Department and be able to demonstrate that their expenses 
26 are pandemic related, were not part of their annual 
 
 
10300HB3817sam002- 495 -LRB103 30519 JDS 62533 a


1 budgets established before March 1, 2020.
2  (4) Pandemic related stability payments will be 
3 distributed based on a schedule and framework to be 
4 established by the Department with recognition of the 
5 pandemic related acuity of the situation for each 
6 provider, taking into account the factors including, but 
7 not limited to, the following:
8   (A) the impact of the pandemic on patients served, 
9 impact on staff, and shortages of the personal 
10 protective equipment necessary for infection control 
11 efforts for all providers;
12   (B) COVID-19 positivity rates among staff, or 
13 patients, or both;
14   (C) pandemic related workforce challenges and 
15 costs associated with temporary wage increases 
16 associated with pandemic related hazard pay programs, 
17 or costs associated with which providers do not have 
18 enough staff to adequately provide care and protection 
19 to the residents and other staff;
20   (D) providers with significant reductions in 
21 utilization that result in corresponding reductions in 
22 revenue as a result of the pandemic, including, but 
23 not limited to, the cancellation or postponement of 
24 elective procedures and visits;
25   (E) pandemic related payments received directly by 
26 the providers through other federal resources;
 
 
10300HB3817sam002- 496 -LRB103 30519 JDS 62533 a


1   (F) current efforts to respond to and provide 
2 services to communities disproportionately impacted by 
3 the COVID-19 public health emergency, including 
4 low-income and socially vulnerable communities that 
5 have seen the most severe health impacts and 
6 exacerbated health inequities along racial, ethnic, 
7 and socioeconomic lines; and
8   (G) provider needs for capital improvements to 
9 existing facilities, including upgrades to HVAC and 
10 ventilation systems and capital improvements for 
11 enhancing infection control or reducing crowding, 
12 which may include bed-buybacks. 
13  (5) Pandemic related stability payments made from 
14 moneys received from the Coronavirus Relief Fund will be 
15 distributed to providers based on a methodology to be 
16 administered by the Department with amounts determined by 
17 a calculation of total federal pandemic related funds 
18 appropriated by the Illinois General Assembly for this 
19 purpose. Providers receiving the pandemic related 
20 stability payments will attest to their increased costs, 
21 declining revenues, and receipt of additional pandemic 
22 related funds directly from the federal government.
23  (6) Of the payments provided for by this Section made 
24 from moneys received from the Coronavirus Relief Fund, a 
25 minimum of 30% shall be allotted for health care providers 
26 that serve the ZIP codes located in the most 
 
 
10300HB3817sam002- 497 -LRB103 30519 JDS 62533 a


1 disproportionately impacted areas of Illinois, based on 
2 positive COVID-19 cases based on data collected by the 
3 Department of Public Health and provided to the Department 
4 of Healthcare and Family Services.
5  (7) From funds appropriated, directly or indirectly, 
6 from moneys received by the State from the Coronavirus 
7 State Fiscal Recovery Fund for Fiscal Years 2021 and 2022, 
8 the Department shall expend such funds only for purposes 
9 permitted by Section 9901 of the American Rescue Plan Act 
10 of 2021 and related federal guidance. Such expenditures 
11 may include, but are not limited to: payments to providers 
12 for costs incurred due to the COVID-19 public health 
13 emergency; unreimbursed costs for testing and treatment of 
14 uninsured Illinois residents; costs of COVID-19 mitigation 
15 and prevention; medical expenses related to aftercare or 
16 extended care for COVID-19 patients with longer term 
17 symptoms and effects; costs of behavioral health care; 
18 costs of public health and safety staff; and expenditures 
19 permitted in order to address (i) disparities in public 
20 health outcomes, (ii) nursing and other essential health 
21 care workforce investments, (iii) exacerbation of 
22 pre-existing disparities, and (iv) promoting healthy 
23 childhood environments.
24  (8) From funds appropriated, directly or indirectly, 
25 from moneys received by the State from the Coronavirus 
26 State Fiscal Recovery Fund for Fiscal Years 2022 and 2023, 
 
 
10300HB3817sam002- 498 -LRB103 30519 JDS 62533 a


1 the Department shall establish a program for making 
2 payments to long term care service providers and 
3 facilities, for purposes related to financial support for 
4 workers in the long term care industry, but only as 
5 permitted by either the CARES Act or Section 9901 of the 
6 American Rescue Plan Act of 2021 and related federal 
7 guidance, including, but not limited to the following: 
8 monthly amounts of $25,000,000 per month for July 2021, 
9 August 2021, and September 2021 where at least 50% of the 
10 funds in July shall be passed directly to front line 
11 workers and an additional 12.5% more in each of the next 2 
12 months; financial support programs for providers enhancing 
13 direct care staff recruitment efforts through the payment 
14 of education expenses; and financial support programs for 
15 providers offering enhanced and expanded training for all 
16 levels of the long term care healthcare workforce to 
17 achieve better patient outcomes, such as training on 
18 infection control, proper personal protective equipment, 
19 best practices in quality of care, and culturally 
20 competent patient communications. The Department shall 
21 have the authority to audit and potentially recoup funds 
22 not utilized as outlined and attested.
23  (8.5) From funds appropriated, directly or indirectly, 
24 from moneys received by the State from the Coronavirus 
25 State Fiscal Recovery Fund, the Department shall establish 
26 a grant program to provide premium pay and retention 
 
 
10300HB3817sam002- 499 -LRB103 30519 JDS 62533 a


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

23 workers that are necessary for the facility to 
24 respond to the impacts of the public health 
25 emergency.
26   (C) Upon receipt of funds, recipients shall 
 
 
10300HB3817sam002- 500 -LRB103 30519 JDS 62533 a


1 distribute funds such that eligible workers receive an 
2 amount up to $13 per hour but no more than $25,000 for 
3 the duration of the program. Recipients shall provide 
4 a written certification to the Department 
5 acknowledging compliance with this paragraph.
6   (D) No portion of these funds shall be spent on 
7 volunteer or temporary staff, and these funds shall 
8 not be used to make retroactive premium payments 
9 before the effective date of this amendatory Act of 
10 the 102nd General Assembly.
11   (E) The Department shall require each recipient 
12 under this paragraph to submit appropriate 
13 documentation acknowledging compliance with State and 
14 federal law.
For purposes of this paragraph, "eligible 
15 worker" means a permanent staff member, regardless of 
16 union affiliation, of a facility licensed by the 
17 Department of Public Health under the Nursing Home 
18 Care Act as a skilled nursing facility or intermediate 
19 care facility engaged in "essential work", as defined 
20 by Section 9901 of the American Rescue Plan Act of 2021 
21 and related federal guidance, and (1) whose total pay 
22 is below 150% of the average annual wage for all 
23 occupations in the worker's county of residence, as 
24 defined by the Bureau of Labor Statistics Occupational 
25 Employment and Wage Statistics, or (2) is not exempt 
26 from the federal Fair Labor Standards Act overtime 
 
 
10300HB3817sam002- 501 -LRB103 30519 JDS 62533 a


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

23   (B) Payments to reimburse facilities licensed by 
24 the Department of Public Health under the Nursing Home 
25 Care Act as skilled nursing facilities or intermediate 
26 care facilities for eligible expenses related to the 
 
 
10300HB3817sam002- 502 -LRB103 30519 JDS 62533 a


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

22 (305 ILCS 5/9A-17 new)
23 Sec. 9A-17. Smart Start Child Care Program. Subject to 
24appropriation, the Department of Human Services shall 
25establish the Smart Start Child Care Program. The Smart Start 
 
 
10300HB3817sam002- 503 -LRB103 30519 JDS 62533 a


1Child Care Program shall focus on creating affordable child 
2care, as well as increasing access to child care, for Illinois 
3residents and may include, but is not limited to, providing 
4funding to increase preschool availability, providing funding 
5for childcare workforce compensation or capital investments, 
6and expanding funding for Early Childhood Access Consortium 
7for Equity Scholarships. The Department shall establish 
8program eligibility criteria, participation conditions, 
9payment levels, and other program requirements by rule. The 
10Department of Human Services may consult with the Capital 
11Development Board, the Department of Commerce and Economic 
12Opportunity, and the Illinois Housing Development Authority in 
13the management and disbursement of funds for capital-related 
14projects. The Capital Development Board, the Department of 
15Commerce and Economic Opportunity, and the Illinois Housing 
16Development Authority shall act in a consulting role only for 
17the evaluation of applicants, scoring of applicants, or 
18administration of the grant program.



19 (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)



20 Sec. 12-4.11. Grant amounts. The Department,
with due 
21regard for and subject to budgetary limitations, shall 
22establish
grant amounts for each of the programs, by 
23regulation. The grant amounts may
vary by program, size of 
24assistance unit and geographic area. Grant amounts under the 
25Temporary Assistance for Needy Families (TANF) program may not 
 
 
10300HB3817sam002- 504 -LRB103 30519 JDS 62533 a


1vary on the basis of a TANF recipient's county of residence. 

2 Aid payments shall not be reduced except: (1) for changes 
3in the cost of
items included in the grant amounts, or (2) for 
4changes in the expenses of the
recipient, or (3) for changes in 
5the income or resources available to the
recipient, or (4) for 
6changes in grants resulting from adoption of a
consolidated 
7grant amount. 

8 The maximum benefit levels provided to TANF recipients 
9shall increase as follows: beginning October 1, 2023 2018, the 
10Department of Human Services shall increase TANF grant amounts 
11in effect on September 30, 2023 2018 to at least 35% 30% of the 
12most recent United States Department of Health and Human 
13Services Federal Poverty Guidelines for each family size. 
14Beginning October 1, 2024 2019, and each October 1 thereafter, 
15the maximum benefit levels shall be annually adjusted to 
16remain equal to at least 35% 30% of the most recent poverty 
17guidelines updated periodically in the Federal Register by the 
18U.S. Department
of Health and Human Services under the 
19authority of 42 U.S.C. 9902(2) for each family size. 
20 TANF grants for child-only assistance units shall be at 
21least 75% of TANF grants for assistance units of the same size 
22that consist of a caretaker relative with children. 
23 In fixing standards to govern payments or reimbursements 
24for funeral
and burial expenses, the Department shall 
25establish a minimum allowable
amount of
not less than
$1,000 
26for Department payment of funeral services and not less than 
 
 
10300HB3817sam002- 505 -LRB103 30519 JDS 62533 a


1$500 for
Department payment of burial or cremation services. 
2On January 1, 2006, July 1, 2006, and July 1, 2007, the 
3Department shall increase the minimum reimbursement amount for 
4funeral and burial expenses under this Section by a percentage 
5equal to the percentage increase in the Consumer Price Index 
6for All Urban Consumers, if any, during the 12 months 
7immediately preceding that January 1 or July 1. In 
8establishing the minimum
allowable
amount, the Department 
9shall take into account the services
essential to a dignified, 
10low-cost (i) funeral and (ii) burial or
cremation, including 
11reasonable
amounts that may be necessary for
burial space and 
12cemetery charges, and any applicable taxes or other
required 
13governmental fees or charges. If no
person has agreed to pay 
14the total cost of the (i) funeral and
(ii) burial or cremation

15charges, the Department shall pay the vendor the actual costs 
16of the (i)
funeral
and
(ii) burial or cremation, or the minimum 
17allowable amount for each service as
established by
the 
18Department, whichever is less, provided that the Department 
19reduces its
payments by
the amount available from the 
20following sources: the decedent's assets
and
available 
21resources and the anticipated amounts of any death benefits 
22available
to the
decedent's estate, and amounts paid and 
23arranged to be paid by the
decedent's legally
responsible 
24relatives. A legally responsible relative is expected to pay

25(i) funeral and (ii) burial
or cremation expenses unless 
26financially unable to do so.

 
 
10300HB3817sam002- 506 -LRB103 30519 JDS 62533 a


1 Nothing contained in this Section or in any other Section 
2of this
Code shall be construed to prohibit the Illinois 
3Department (1) from
consolidating existing standards on the 
4basis of any standards which are
or were in effect on, or 
5subsequent to July 1, 1969, or (2) from
employing any 
6consolidated standards in determining need for public
aid and 
7the amount of money payment or grant for individual recipients

8or recipient families.

9(Source: P.A. 100-587, eff. 6-4-18; 101-103, eff. 7-19-19.)


10
ARTICLE 20. 


11 Section 20-5. The State Finance Act is amended by changing 
12Sections 12 and 12-2 as follows:




13 (30 ILCS 105/12) (from Ch. 127, par. 148)



14 Sec. 12. 
Each voucher for traveling expenses shall 
15indicate the
purpose of the travel as required by applicable 
16travel regulations,
shall be itemized, and shall be 
17accompanied by all receipts specified in
the applicable travel 
18regulations and by a certificate, signed by the
person 
19incurring such expense, certifying that the amount is correct 
20and
just; that the detailed items charged for subsistence were 
21actually
paid; that the expenses were occasioned by official 
22business or
unavoidable delays requiring the stay of such 
23person at hotels for the
time specified; that the journey was 
 
 
10300HB3817sam002- 507 -LRB103 30519 JDS 62533 a


1performed with all practicable
dispatch by the shortest route 
2usually traveled in the customary
reasonable manner; and that 
3such person has not been furnished with
transportation or 
4money in lieu thereof; for any part of the journey
therein 
5charged for.
6 Upon written approval by the Office of the Comptroller, a 
7State agency may maintain the original travel voucher, the 
8receipts, and the proof of the traveler's signature on the 
9traveler's certification statement at the office of the State 
10agency. However, except as otherwise provided in this Section 
11for State public institutions of higher education, nothing in 
12this Section shall be construed to exempt a State agency from 
13submitting a detailed travel voucher as prescribed by the 
14Office of the Comptroller. Each State public institution of 
15higher education is exempt from submitting a detailed travel 
16voucher to the Office of the Comptroller but shall retain all 
17receipts specified in
the applicable travel regulations and 
18shall annually publish a record of those expenditures on its 
19official website using a form that it prescribes. 

20 An information copy of each voucher covering a claim by a 
21person
subject to the official travel regulations promulgated 
22under Section
12-2 for travel reimbursement involving an 
23exception to the general
restrictions of such travel 
24regulations shall be filed with the
applicable travel control 
25board which shall consider these vouchers, or a
report 
26thereof, for approval. Amounts disbursed for travel 
 
 
10300HB3817sam002- 508 -LRB103 30519 JDS 62533 a


1reimbursement
claims which are disapproved by the applicable 
2travel control board shall
be refunded by the traveler and 
3deposited in the fund or account from
which payment was made.

4 As used in this Section, "State public institution of 
5higher education" means the governing boards of the University 
6of Illinois, Southern Illinois University, Illinois State 
7University, Eastern Illinois University, Northern Illinois 
8University, Western Illinois University, Chicago State 
9University, Governors State University, and Northeastern 
10Illinois University. 
11(Source: P.A. 97-932, eff. 8-10-12.)





12 (30 ILCS 105/12-2) (from Ch. 127, par. 148-2)



13 Sec. 12-2. Travel Regulation Council; State travel 
14reimbursement. 
15 (a) The chairmen of the travel control boards established

16by Section 12-1, or their designees, shall together comprise 
17the Travel
Regulation Council. The Travel Regulation Council 
18shall be chaired by the
Director of Central Management 
19Services, who shall be a nonvoting member of
the Council, 
20unless he is otherwise qualified to vote by virtue of being
the 
21designee of a voting member. No later than March 1, 1986, and 
22at least
biennially thereafter, the Council shall adopt State 
23Travel Regulations and
Reimbursement Rates which shall be 
24applicable to all personnel subject to
the jurisdiction of the 
25travel control boards established by Section 12-1.
An 
 
 
10300HB3817sam002- 509 -LRB103 30519 JDS 62533 a


1affirmative vote of a majority of the members of the Council 
2shall be
required to adopt regulations and reimbursement 
3rates. If the Council
fails to adopt regulations by March 1 of 
4any odd-numbered year, the
Director of Central Management 
5Services shall adopt emergency regulations
and reimbursement 
6rates pursuant to the Illinois Administrative Procedure Act. 
7As soon as practicable after the effective date of this 
8amendatory Act of the 102nd General Assembly, the Travel 
9Regulation Council and the Higher Education Travel Control 
10Board shall adopt amendments to their existing rules to ensure 
11that reimbursement rates for public institutions of higher 
12education, as defined in Section 1-13 of the Illinois 
13Procurement Code, are set in accordance with the requirements 
14of subsection (f) of this Section. 

15 (b) (Blank). Mileage for automobile travel shall be 
16reimbursed at the allowance
rate in effect under regulations 
17promulgated pursuant to 5 U.S.C. 5707(b)(2).
In the event the 
18rate set under federal regulations increases or decreases 
19during the
course of the State's fiscal year, the effective 
20date of the new rate shall be
the effective date of the change 
21in the federal rate.

22 (c) (Blank). Rates for reimbursement of expenses other 
23than mileage shall not
exceed the actual cost of travel as 
24determined by the United States
Internal Revenue Service.

25 (d) Reimbursements to travelers shall be made pursuant to 
26the rates and
regulations applicable to the respective State 
 
 
10300HB3817sam002- 510 -LRB103 30519 JDS 62533 a


1agency as of the effective
date of this amendatory Act, until 
2the State Travel Regulations and
Reimbursement Rates 
3established by this Section are adopted and effective.

4 (e) (Blank). Lodging in Cook County, Illinois and the 
5District of Columbia shall be
reimbursed at the maximum 
6lodging rate in effect under regulations promulgated
pursuant 
7to 5 U.S.C. 5701-5709. For purposes of this subsection (e), 
8the
District of
Columbia shall include the cities and counties 
9included in the per diem
locality of the
District of Columbia, 
10as defined by the regulations in effect promulgated
pursuant 
11to 5
U.S.C. 5701-5709. Individual travel control boards may 
12set a lodging
reimbursement rate
more restrictive than the 
13rate set forth in the federal regulations.

14 (f) Notwithstanding any other law, travel reimbursement 
15rates for lodging and mileage for automobile travel, as well 
16as allowances for meals, shall be set for public institutions 
17of higher education at the maximum rates established by the 
18federal government for travel expenses, subsistence expenses, 
19and mileage allowances under 5 U.S.C. Subchapter I and 
20regulations promulgated thereunder. If a rate set under 
21federal regulations increases or decreases in the course of 
22the State's fiscal year, the effective date of the new rate 
23shall be the effective date of the change in the federal rate. 
24(Source: P.A. 102-1119, eff. 1-23-23.)


25
ARTICLE 30. 


 
 
10300HB3817sam002- 511 -LRB103 30519 JDS 62533 a


1 Section 30-5. The General Assembly Operations Act is 
2amended by changing Section 20 as follows:

3 (25 ILCS 10/20)
4 (Section scheduled to be repealed on July 1, 2023)
5 Sec. 20. Legislative Budget Oversight Commission.
6 (a) The General Assembly hereby finds and declares that 
7the State is confronted with an unprecedented fiscal crisis. 
8In light of this crisis, and the challenges it presents for the 
9budgeting process, the General Assembly hereby establishes the 
10Legislative Budget Oversight Commission. The purpose of the 
11Commission is: to monitor budget management actions taken by 
12the Office of the Governor or Governor's Office of Management 
13and Budget; to oversee the distribution and expenditure of 
14federal financial relief for State and local governments 
15related to the COVID-19 pandemic; and to advise and review 
16planned expenditures of State and federal grants for broadband 
17projects.
18 (b) At the request of the Commission, units of local 
19governments and State agency directors or their respective 
20designees shall report to the Commission on the status and 
21distribution of federal CARES money and any other federal 
22financial relief related to the COVID-19 pandemic.
23 (c) In anticipation of constantly changing and 
24unpredictable economic circumstances, the Commission will 
 
 
10300HB3817sam002- 512 -LRB103 30519 JDS 62533 a


1provide a means for the Governor's Office and the General 
2Assembly to maintain open communication about necessary budget 
3management actions during these unprecedented times. Beginning 
4August 15, 2020, the Governor's Office of Management and 
5Budget shall submit a monthly written report to the Commission 
6reporting any budget management actions taken by the Office of 
7the Governor, Governor's Office of Management and Budget, or 
8any State agency. At the call of one of the co-chairs, the 
9Governor or his or her designee shall give a report to the 
10Commission and each member thereof. The report shall be given 
11either in person or by telephonic or videoconferencing means. 
12The report shall include:
13  (1) any budget management actions taken by the Office 
14 of the Governor, Governor's Office of Management and 
15 Budget, or any agency or board under the Office of the 
16 Governor in the prior quarter;
17  (2) year-to-date general funds revenues as compared to 
18 anticipated revenues;
19  (3) year-to-date general funds expenditures as 
20 compared to the Fiscal Year 2021 budget as enacted;
21  (4) a list, by program, of the number of grants 
22 awarded, the aggregate amount of such grant awards, and 
23 the aggregate amount of awards actually paid with respect 
24 to all grants awarded from federal funds from the 
25 Coronavirus Relief Fund in accordance with Section 5001 of 
26 the federal Coronavirus Aid, Relief, and Economic Security 
 
 
10300HB3817sam002- 513 -LRB103 30519 JDS 62533 a


1 (CARES) Act or from the Coronavirus State Fiscal Recovery 
2 Fund in accordance with Section 9901 of the federal 
3 American Rescue Plan Act of 2021, which shall identify the 
4 number of grants awarded, the aggregate amount of such 
5 grant awards, and the aggregate amount of such awards 
6 actually paid to grantees located in or serving a 
7 disproportionately impacted area, as defined in the 
8 program from which the grant is awarded; and
9  (5) any additional items reasonably requested by the 
10 Commission. 
11 (c-5) Any plans, responses to requests, letters of intent, 
12application materials, or other documents prepared on behalf 
13of the State describing the State's intended plan for 
14distributing grants pursuant to Division F of the 
15Infrastructure Investment and Jobs Act must be, to the extent 
16practical, provided to the Legislative Budget Oversight 
17Commission for review at least 30 days prior to submission to 
18the appropriate federal entity. If plans, responses to 
19requests, letters of intent, application materials, or other 
20documents prepared on behalf of the State describing the 
21State's plan or goals for distributing grants pursuant to 
22Division F of the Infrastructure Investment and Jobs Act 
23cannot practically be given the Legislative Budget Oversight 
24Commission 30 days prior to submission to the appropriate 
25federal entity, the materials shall be provided to the 
26Legislative Budget Oversight Commission with as much time for 
 
 
10300HB3817sam002- 514 -LRB103 30519 JDS 62533 a


1review as practical. All documents provided to the Commission 
2shall be made available to the public on the General

3Assembly's website. However, the following information shall 
4be redacted from any documents made available to the public: 
5(i) information specifically prohibited from disclosure by 
6federal or State law or federal or State rules and 
7regulations; (ii) trade secrets; (iii) security sensitive 
8information; and (iv) proprietary, privileged, or confidential 
9commercial or financial information from a privately held 
10person or business which, if disclosed, would cause 
11competitive harm. Members of the public and interested parties 
12may submit written
comments to the Commission for 
13consideration. Prior to the State's submission to the

14appropriate federal entity pursuant to this subsection, the 
15Commission shall conduct at least
one public hearing during 
16which members of the public and other interested parties may 
17file
written comments with and offer testimony before the 
18Commission. After completing its review
and consideration of 
19any such testimony offered and written public comments 
20received, the
Commission shall submit its written comments and 
21suggestions to the Governor or designated
State entity 
22responsible for administering the grant programs under 
23Division F of the
Infrastructure Investment and Jobs Act on 
24behalf of the State.
The Governor, or designated State entity 
25responsible for administering the grant programs pursuant to 
26Division F of the Infrastructure Investment and Jobs Act, must 
 
 
10300HB3817sam002- 515 -LRB103 30519 JDS 62533 a


1consider comments and suggestions provided by the members of 
2the Legislative Budget Oversight Commission and members of the 
3public.
4 (c-10) At the request of the Commission, the Governor or 
5the designated State entity responsible for administering 
6programs under Division F of the Infrastructure Investment and 
7Jobs Act on behalf of the State must report on the grants 
8issued by the State pursuant to the programs under Division F 
9of the Infrastructure Investment and Jobs Act. 
10 (d) The Legislative Budget Oversight Commission shall 
11consist of the following members:
12  (1) 7 members of the House of Representatives 
13 appointed by the Speaker of the House of Representatives;
14  (2) 7 members of the Senate appointed by the Senate 
15 President;
16  (3) 4 members of the House of Representatives 
17 appointed by the Minority Leader of the House of 
18 Representatives; and
19  (4) 4 members of the Senate appointed by the Senate 
20 Minority Leader.
21 (e) The Speaker of the House of Representatives and the 
22Senate President shall each appoint one member of the 
23Commission to serve as a co-chair. The members of the 
24Commission shall serve without compensation.
25 (f) As used in this Section:
26 "Budget management action" means any fund transfer 
 
 
10300HB3817sam002- 516 -LRB103 30519 JDS 62533 a


1directed by the Governor or the Governor's Office of 
2Management and Budget, designation of appropriation lines as 
3reserve, or any other discretionary action taken with regard 
4to the budget as enacted;
5 "State agency" means all officers, boards, commissions, 
6departments, and agencies created by the Constitution, by law, 
7by Executive Order, or by order of the Governor in the 
8Executive Branch, other than the Offices of the Attorney 
9General, Secretary of State, Comptroller, or Treasurer.
10 (g) This Section is repealed July 1, 2024 2023.

11(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 
12102-699, eff. 4-19-22.)

13
ARTICLE 35. 


14 Section 35-5. The Department of Commerce and Economic 
15Opportunity Law of the
Civil Administrative Code of Illinois 
16is amended by changing Section 605-705 as follows:




17 (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)



18 Sec. 605-705. Grants to local tourism and convention 
19bureaus. 

20 (a) To establish a grant program for local tourism and

21convention bureaus. The Department will develop and implement 
22a program
for the use of funds, as authorized under this Act, 
23by local tourism and
convention bureaus. For the purposes of 
 
 
10300HB3817sam002- 517 -LRB103 30519 JDS 62533 a


1this Act,
bureaus eligible to receive funds are those local 
2tourism and
convention bureaus that are (i) either units of 
3local government or
incorporated as not-for-profit 
4organizations; (ii) in legal existence
for a minimum of 2 
5years before July 1, 2001; (iii) operating with a
paid, 
6full-time staff whose sole purpose is to promote tourism in 
7the
designated service area; and (iv) affiliated with one or 
8more
municipalities or counties that support the bureau with 
9local hotel-motel
taxes. After July 1, 2001, bureaus 
10requesting certification in
order to receive funds for the 
11first time must be local tourism and
convention bureaus that 
12are (i) either units of local government or
incorporated as 
13not-for-profit organizations; (ii) in legal existence
for a 
14minimum of 2 years before the request for certification; (iii)

15operating with a paid, full-time staff whose sole purpose is 
16to promote
tourism in the designated service area; and (iv) 
17affiliated with
multiple municipalities or counties that 
18support the bureau with local
hotel-motel taxes. Each bureau 
19receiving funds under this Act will be
certified by the 
20Department as the designated recipient to serve an area of
the 
21State.
Notwithstanding the criteria set forth in this 
22subsection (a), or any rule
adopted under this subsection (a), 
23the Director of the Department may
provide for the award of 
24grant funds to one or more entities if in the
Department's 
25judgment that action is necessary in order to prevent a loss of

26funding critical to promoting tourism in a designated 
 
 
10300HB3817sam002- 518 -LRB103 30519 JDS 62533 a


1geographic area of the
State.

2 (b) To distribute grants to local tourism and convention 
3bureaus from
appropriations made from the Local Tourism Fund 
4for that purpose. Of the
amounts appropriated annually to the 
5Department for expenditure under this
Section prior to July 1, 
62011, one-third of those monies shall be used for grants to 
7convention and
tourism bureaus in cities with a population 
8greater than 500,000. The
remaining two-thirds of the annual 
9appropriation prior to July 1, 2011 shall be used for grants to

10convention and tourism bureaus in the
remainder of the State, 
11in accordance with a formula based upon the
population served. 
12Of the amounts appropriated annually to the Department for 
13expenditure under this Section beginning July 1, 2011, 18% of 
14such moneys shall be used for grants to convention and tourism 
15bureaus in cities with a population greater than 500,000. Of 
16the amounts appropriated annually to the Department for 
17expenditure under this Section beginning July 1, 2011, 82% of 
18such moneys shall be used for grants to convention bureaus in 
19the remainder of the State, in accordance with a formula based 
20upon the population served. The Department may reserve up to 
213% of total
local tourism funds available for costs of 
22administering the program to conduct audits of grants, to 
23provide incentive funds to
those
bureaus that will conduct 
24promotional activities designed to further the
Department's 
25statewide advertising campaign, to fund special statewide

26promotional activities, and to fund promotional activities 
 
 
10300HB3817sam002- 519 -LRB103 30519 JDS 62533 a


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

20(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 
21102-699, eff. 4-19-22.)


22
ARTICLE 40. 


23 Section 40-5. The Department of Commerce and Economic 
24Opportunity Law of the
Civil Administrative Code of Illinois 
 
 
10300HB3817sam002- 520 -LRB103 30519 JDS 62533 a


1is amended by changing Section 605-1105 as follows:

2 (20 ILCS 605/605-1105)
3 Sec. 605-1105. Local chambers of commerce recovery grants 
4and business program.
5 (a) Subject Upon receipt or availability of the State or 
6federal funds described in subsection (b), and subject to 
7appropriation of those funds for the purposes described in 
8this Section, the Department of Commerce and Economic 
9Opportunity shall establish a program to award grants to local 
10chambers of commerce. 
11 (a-5) This subsection applies to grants under this Section 
12that are funded by State or federal funds that are allocated to 
13the State under the authority of legislation passed in 
14response to the COVID-19 pandemic. The Department shall award 
15an aggregate amount of up to $5,000,000 in grants under this 
16subsection Section to eligible chambers of commerce. Each 
17eligible chamber of commerce that applies to the Department 
18for a grant under this subsection Section shall certify to the 
19Department the difference between the chamber of commerce's 
20total annual revenue in calendar year 2019 and the chamber of 
21commerce's total annual revenue in calendar year 2020. The 
22maximum amount that may be awarded to any eligible chamber of 
23commerce during the first round of grants under this 
24subsection is one-sixth of the certified amount. In 
25determining grant amounts awarded under this subsection Act, 
 
 
10300HB3817sam002- 521 -LRB103 30519 JDS 62533 a


1the Department may consider any awards that the chamber of 
2commerce has received from the Back to Business Grant Program 
3or the Business Interruption Grant Program. If the entire 
4amount of moneys appropriated for the purposes of this 
5subsection Section has not been allocated after a first round 
6of grants is made, the Department may award additional funds 
7to eligible chambers of commerce from the remaining funds. 
8 (a-10) This subsection applies to grants awarded under 
9this Section from sources other than State or federal funds 
10that are allocated to the State under the authority or 
11legislation passed in response to the COVID-19 pandemic. 
12Grants under this subsection may be used to market and develop 
13the service area of the chamber of commerce for the purposes of 
14generating local, county, and State business taxes and 
15providing small businesses with professional development, 
16business guidance, and best practices for sustainability. No 
17single chamber of commerce shall receive grant awards under 
18this subsection in excess of $50,000 in any State fiscal year. 
19 (a-15) Grants awarded under subsection (a-5) or (a-10) of 
20this Section shall not be used to make any direct lobbying 
21expenditure, as defined in subsection (c) of Section 4911 of 
22the Internal Revenue Code, or to engage in any political 
23campaign activity described in Section 501(c)(3) of the 
24Internal Revenue Code.
25 (b) For grants awarded under subsection (a-5), the The 
26Department may use State funds and federal funds that are 
 
 
10300HB3817sam002- 522 -LRB103 30519 JDS 62533 a


1allocated to the State under the authority of legislation 
2passed in response to the COVID-19 pandemic to provide grants 
3under this Section. Those federal funds include, but are not 
4limited to, funds allocated to the State under the American 
5Rescue Plan Act of 2021. Any federal moneys used for this 
6purpose shall be used in accordance with the federal 
7legislation authorizing the use of those funds and related 
8federal guidance as well as any other applicable State and 
9federal laws. For grants awarded under subsection (a-10), the 
10Department may use general revenue funds or any other funds 
11that may lawfully be used for the purposes of this Section. 
12 (c) The Department may adopt any rules necessary to 
13implement and administer the grant program created by this 
14Section. The emergency rulemaking process may be used to 
15promulgate the initial rules of the program following the 
16effective date of this amendatory Act of the 102nd General 
17Assembly.
18 (d) As used in this Section, "eligible chamber of 
19commerce" means an a voluntary membership, dues-paying 
20organization of business and professional persons dedicated to 
21improving the economic climate and business development of the 
22community, area, or region in which the organization is 
23located and that: 
24  (1) operates as an approved not-for-profit 
25 corporation; 
26  (2) is tax-exempt under Section 501(c)(3) or Section 
 
 
10300HB3817sam002- 523 -LRB103 30519 JDS 62533 a


1 501(c)(6) of the Internal Revenue Code of 1986;
2  (3) has an annual revenue of $1,000,000 or less; and
3  (4) files a 990 federal tax form with the Internal 
4 Revenue Service; 
5  (5) has or will have each of the following at the time 
6 of award determination: 
7   (A) governance bylaws; 
8   (B) financial policies and procedures; and 
9   (C) a mission and vision statement; and 
10  (6) for grants awarded under subsection (a-5), (4) has 
11 experienced an identifiable negative economic impact 
12 resulting from or exacerbated by the public health 
13 emergency or served a community disproportionately 
14 impacted by a public health emergency. 

15(Source: P.A. 102-1115, eff. 1-9-23.)

16
ARTICLE 55. 


17 Section 55-5. The Department of Healthcare and Family 
18Services Law of the
Civil Administrative Code of Illinois is 
19amended by adding Section 2205-36 as follows:

20 (20 ILCS 2205/2205-36 new)
21 Sec. 2205-36. Breakthrough Therapies for Veteran Suicide 
22Prevention Program Advisory Council.
23 (a) There is created within the Department of Healthcare 
 
 
10300HB3817sam002- 524 -LRB103 30519 JDS 62533 a


1and Family Services the Breakthrough Therapies for Veteran 
2Suicide Prevention Program Advisory Council. The Council shall 
3advise the Department on the rules and clinical infrastructure 
4necessary to support clinical access to and training for 
5medication-assisted United States Food and Drug Administration 
6breakthrough therapies for veteran suicide prevention. In 
7advising the Department under this Section, the Council shall 
8advise the Department on: 
9  (1) the award of grants for breakthrough therapy 
10 treatment through the Veteran Suicide Prevention Program; 
11  (2) the necessary education, training, licensing, and 
12 credentialing of providers; 
13  (3) patient safety and harm reduction; 
14  (4) costs, insurance reimbursement, and strategies to 
15 safely increase affordable access to care, including the 
16 use of group therapy; 
17  (5) standards for treatment facilities; 
18  (6) relevant federal regulations and guidelines that 
19 relevant State agencies may consider adopting; 
20  (7) assisting with the development of public awareness 
21 and education campaigns related to veteran suicides; 
22  (8) additional funding needed for subsidized patient 
23 access and provider and therapist training; 
24  (9) overall Fund budget; 
25  (10) periodic Fund evaluation; 
26  (11) developing criteria and standards for the award 
 
 
10300HB3817sam002- 525 -LRB103 30519 JDS 62533 a


1 of grants and fellowships; 
2  (12) developing and providing oversight regarding 
3 mechanisms for the dissemination of treatment and training 
4 data; and 
5  (13) developing provisions to ensure justice, equity, 
6 diversity, and inclusion are considered in the 
7 administration of grants and recommendations made to the 
8 Department. 
9 (b) The Council shall consist of 9 members: 
10  (1) three members appointed by the Governor; 
11  (2) two members appointed by the President of the 
12 Senate; 
13  (3) two members appointed by the Speaker of the House 
14 of Representatives; 
15  (4) one member appointed by The Minority Leader of the 
16 Senate; and 
17  (5) one member appointed by the Minority Leader of the 
18 House. 
19 (c) The Council shall include at least 3 veterans. The 
20Council shall also include members with expertise in 
21breakthrough therapy research, clinical mental health 
22treatment, public health, access to mental and behavioral 
23healthcare in underserved communities, veteran mental and 
24behavioral healthcare, and harm reduction. The Department of 
25Healthcare and Family Services shall provide administrative 
26support to the Council. 
 
 
10300HB3817sam002- 526 -LRB103 30519 JDS 62533 a


1 (d) The Council shall adopt internal organizational 
2procedures as necessary for its efficient organization. 
3 (e) Members of the Council shall serve without 
4compensation. 

5
ARTICLE 60. 


6 Section 60-5. The Secretary of State Act is amended by 
7changing Section 18 as follows:

8 (15 ILCS 305/18)
9 Sec. 18. Electronic Filing Supplemental Deposits into 
10Department of Business Services Special Operations Fund. When 
11a submission to the Secretary of State is made electronically, 
12but does not include a request for expedited services, 
13pursuant to the provisions of this amendatory Act of the 100th 
14General Assembly up to $25 for each such transaction under the 
15General Not For Profit Corporation Act of 1986 and up to $50 
16from each such transaction under the Business Corporation Act 
17of 1983, the Limited Liability Company Act, or the Uniform 
18Limited Partnership Act (2001) shall be deposited into the 
19Department of Business Services Special Operations Fund, and 
20the remainder of any fee deposited into the General Revenue 
21Fund. However, in no circumstance may the supplemental 
22deposits provided by this Section cause the total deposits 
23into the Special Operations Fund in any fiscal year from 
 
 
10300HB3817sam002- 527 -LRB103 30519 JDS 62533 a


1electronic submissions under the Business Corporation Act of 
21983, the General Not For Profit Corporation Act of 1986, the 
3Limited Liability Company Act, the Uniform Partnership Act 
4(1997), and the Uniform Limited Partnership Act (2001), 
5whether or not for expedited services, to exceed $11,326,225. 
6The Secretary of State has the authority to adopt rules 
7necessary to implement this Section, in accordance with the 
8Illinois Administrative Procedure Act. This Section does not 
9apply on or after July 1, 2023.

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

11 Section 60-10. The State Finance Act is amended by 
12changing Sections 6z-34 and 6z-70 as follows:




13 (30 ILCS 105/6z-34)



14 Sec. 6z-34. Secretary of State Special Services Fund. 
15There
is created in the State Treasury a special fund to be 
16known as the Secretary of
State Special Services Fund. Moneys 
17deposited into the Fund may, subject to
appropriation, be used 
18by the Secretary of State for any or all of the
following 
19purposes:

20  (1) For general automation efforts within operations 
21 of the Office of
Secretary of State.

22  (2) For technology applications in any form that will 
23 enhance the
operational capabilities of the Office of 
24 Secretary of State.

 
 
10300HB3817sam002- 528 -LRB103 30519 JDS 62533 a


1  (3) To provide funds for any type of library grants 
2 authorized and
administered by the Secretary of State as 
3 State Librarian.
4  (4) For the purposes of the Secretary of State's 
5 operating program expenses related to the enforcement of 
6 administrative laws related to vehicles and 
7 transportation. 

8 These funds are in addition to any other funds otherwise 
9authorized to the
Office of Secretary of State for like or 
10similar purposes.

11 On August 15, 1997, all fiscal year 1997 receipts that 
12exceed the
amount of $15,000,000 shall be transferred from 
13this Fund to the Technology Management Revolving Fund 
14(formerly known as the Statistical
Services Revolving Fund); 
15on August 15, 1998 and each year thereafter
through 2000, all

16receipts from the fiscal year ending on the previous June 30th 
17that exceed the
amount of $17,000,000 shall be transferred 
18from this Fund to the Technology Management Revolving Fund 
19(formerly known as the Statistical
Services Revolving Fund); 
20on August 15, 2001 and each year thereafter
through 2002, all

21receipts from the fiscal year ending on the previous June 30th 
22that exceed the
amount of $19,000,000 shall be transferred 
23from this Fund to the Technology Management Revolving Fund 
24(formerly known as the Statistical
Services Revolving Fund); 
25and on August 15, 2003 and each year thereafter through 2022, 
26all
receipts from the fiscal year ending on the previous June 
 
 
10300HB3817sam002- 529 -LRB103 30519 JDS 62533 a


130th that exceed the
amount of $33,000,000 shall be 
2transferred from this Fund to the Technology Management 
3Revolving Fund (formerly known as the Statistical
Services 
4Revolving Fund).

5(Source: P.A. 100-23, eff. 7-6-17; 101-10, eff. 6-5-19.)


6 (30 ILCS 105/6z-70)
7 Sec. 6z-70. The Secretary of State Identification Security 
8and Theft Prevention Fund.
9 (a) The Secretary of State Identification Security and 
10Theft Prevention Fund is created as a special fund in the State 
11treasury. The Fund shall consist of any fund transfers, 
12grants, fees, or moneys from other sources received for the 
13purpose of funding identification security and theft 
14prevention measures. 
15 (b) All moneys in the Secretary of State Identification 
16Security and Theft Prevention Fund shall be used, subject to 
17appropriation, for any costs related to implementing 
18identification security and theft prevention measures. 
19 (c) (Blank). 

20 (d) (Blank).
21 (e) (Blank). 
22 (f) (Blank).
23 (g) (Blank). 
24 (h) (Blank). 
25 (i) (Blank).
 
 
10300HB3817sam002- 530 -LRB103 30519 JDS 62533 a


1 (j) (Blank).
2 (k) (Blank).
3 (l) (Blank). 
4 (m) (Blank). 
5 (n) (Blank). Notwithstanding any other provision of State 
6law to the contrary, on or after July 1, 2021, and until June 
730, 2022, in addition to any other transfers that may be 
8provided for by law, at the direction of and upon notification 
9of the Secretary of State, the State Comptroller shall direct 
10and the State Treasurer shall transfer amounts into the 
11Secretary of State Identification Security and Theft 
12Prevention Fund from the designated funds not exceeding the 
13following totals: 
14 Division of Corporations Registered Limited 
15  Liability Partnership Fund...................$287,000 
16 Securities Investors Education Fund............$1,500,000 
17 Department of Business Services Special 
18  Operations Fund............................$4,500,000 
19 Securities Audit and Enforcement Fund..........$5,000,000 
20 Corporate Franchise Tax Refund Fund............$3,000,000 
21 (o) Notwithstanding any other provision of State law to 
22the contrary, on or after July 1, 2022, and until June 30, 
232023, in addition to any other transfers that may be provided 
24for by law, at the direction of and upon notification of the 
25Secretary of State, the State Comptroller shall direct and the 
26State Treasurer shall transfer amounts into the Secretary of 
 
 
10300HB3817sam002- 531 -LRB103 30519 JDS 62533 a


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

24 Section 60-15. The Business Corporation Act of 1983 is 
25amended by changing Section 15.97 as follows:



 
 
10300HB3817sam002- 532 -LRB103 30519 JDS 62533 a


1 (805 ILCS 5/15.97) (from Ch. 32, par. 15.97)


2 (Section scheduled to be repealed on December 31, 2024)

3 Sec. 15.97. Corporate Franchise Tax Refund Fund. 

4 (a) Beginning July 1, 1993, a percentage of the amounts 
5collected
under Sections 15.35, 15.45, 15.65, and 15.75 of 
6this Act shall be
deposited into the Corporate Franchise Tax 
7Refund Fund, a special Fund
hereby created in the State 
8treasury. From July 1, 1993, until December 31,
1994, there 
9shall be deposited into the Fund 3% of the amounts received

10under those Sections. Beginning January 1, 1995, and for each 
11fiscal year
beginning thereafter, 2% of the amounts collected 
12under those Sections
during the preceding fiscal year shall be 
13deposited into the Fund.

14 (b) Beginning July 1, 1993, moneys in the Fund shall be 
15expended
exclusively for the purpose of paying refunds payable 
16because of overpayment
of franchise taxes, penalties, or 
17interest under Sections 13.70, 15.35,
15.45, 15.65, 15.75, and 
1816.05 of this
Act and making transfers authorized under this 
19Section. Refunds in
accordance with the provisions of 
20subsections (f) and (g) of Section 1.15
and Section 1.17 of 
21this Act may be made from the Fund only to the extent that

22amounts collected under Sections 15.35, 15.45, 15.65, and 
2315.75 of this Act
have been deposited in the Fund and remain 
24available. On or before August 31 of each year, the balance in 
25the Fund in excess of $100,000 shall be transferred to the 
 
 
10300HB3817sam002- 533 -LRB103 30519 JDS 62533 a


1General Revenue Fund. Notwithstanding the provisions of this 
2subsection, for the period commencing on or after July 1, 
32022, amounts in the fund shall not be transferred to the 
4General Revenue Fund and shall be used to pay refunds in 
5accordance with the provisions of this Act. Within a 
6reasonable time after December 31, 2022, the Secretary of 
7State shall direct and the Comptroller shall order transferred 
8to the General Revenue Fund all amounts remaining in the fund. 

9 (c) This Act shall constitute an irrevocable and 
10continuing
appropriation from the Corporate Franchise Tax 
11Refund Fund for the purpose
of paying refunds upon the order of 
12the Secretary of State in accordance
with the provisions of 
13this Section.

14 (d) This Section is repealed on December 31, 2024. 
15(Source: P.A. 101-9, eff. 6-5-19; 102-282, eff. 1-1-22.)


16 Section 60-20. The Limited Liability Company Act is 
17amended by changing Section 50-55 as follows:

18 (805 ILCS 180/50-55)
19 Sec. 50-55. Disposition of fees. Of Until July 1, 2021, of 
20the total money collected for the filing of annual reports 
21under this Act, $10 of the filing fee shall be paid into the 
22Department of Business Services Special Operations Fund. The 
23remaining money collected for the filing of annual reports 
24under this Act shall be deposited into the General Revenue 
 
 
10300HB3817sam002- 534 -LRB103 30519 JDS 62533 a


1Fund in the State Treasury.

2(Source: P.A. 100-561, eff. 7-1-18.)

3
ARTICLE 65. 


4 Section 65-5. The State Budget Law of the Civil 
5Administrative Code of Illinois is amended by changing Section 
650-25 as follows:

7 (15 ILCS 20/50-25)
8 Sec. 50-25. Statewide prioritized goals. 
9 (a) Definitions. As used in this Section:
10 "Commission" means the Budgeting for Results Commission 
11established by this Section.
12 "Result area" means major organizational categories of 
13State government as defined by the Governor.
14 "Outcome area" means subcategories of result areas that 
15further define, and facilitate the measurement of the result 
16area, as established by the Governor. 
17 (b) Statewide prioritized goals. For fiscal year 2025 2012 
18and each fiscal year thereafter, prior to the submission of 
19the State budget, the Governor, in consultation with the 
20Commission appropriation committees of the General Assembly 
21and, beginning with budgets prepared for fiscal year 2013, the 
22commission established under this Section, shall: (i) identify 
23statewide result areas prioritize outcomes that are most 
 
 
10300HB3817sam002- 535 -LRB103 30519 JDS 62533 a


1important for each State agency of the executive branch under 
2the jurisdiction of the Governor to achieve for the next 
3fiscal year and (ii) identify outcome areas, which further 
4define the statewide result areas, into which State programs 
5and associated spending can be categorized set goals to 
6accomplish those outcomes according to the priority of the 
7outcome. There must be a reasonable number of annually defined 
8statewide result and outcome areas goals defining State 
9priorities for the budget. Each result and outcome goal shall 
10be further defined to facilitate success in achieving that 
11result or outcome goal. 
12 (c) Budgeting for Results Commission. On or after July 31, 
132024 No later than July 31 of each fiscal year beginning in 
14fiscal year 2012, the Governor shall establish a commission 
15for the purpose of advising the Governor in the implementation 
16of performance-based budgeting in Illinois State government, 
17setting statewide result and outcome areas, and providing 
18oversight and guidance for comprehensive program assessments 
19and benefit-cost analysis of State agency programs those 
20outcomes and goals, including the timeline for achieving those 
21outcomes and goals. 
22  (1) Membership. The commission shall be composed of 
23 voting and non-voting members appointed by the Governor. 
24 The commission shall be a well-balanced group and shall be 
25 not more than 15 and not less than 8 members. Members 
26 appointed by the Governor shall serve a three-year term, 
 
 
10300HB3817sam002- 536 -LRB103 30519 JDS 62533 a


1 beginning and ending on July 1 of each year. Vacancies in 
2 Commission membership shall be filled in the same manner 
3 as initial appointments. Appointments to fill vacancies 
4 occurring before the expiration of a term shall be for the 
5 remainder of the term. Members shall serve until their 
6 successors are appointed. a manageable size. 
7  (2) Bylaws. The commission may adopt bylaws for the 
8 regulation of its affairs and the conduct of its business.
9  (3) Quorum. Total membership of the Commission 
10 consists of the number of voting members serving on the 
11 Commission, not including any vacant positions. A quorum 
12 consists of a simple majority of total voting membership 
13 and shall be sufficient to conduct the business of the 
14 commission, unless stipulated otherwise in the bylaws of 
15 the commission. A member may submit a proxy in writing to 
16 the Commission Co-Chairs or the Commission Staff Director 
17 no later than 24 hours before a scheduled meeting, and 
18 that proxy shall count toward the quorum for that meeting 
19 only.
20  (4) Chairpersons. Two Co-Chairs of the commission 
21 shall be appointed by the Governor. The Co-Chairs shall be 
22 one member of the General Assembly and one person who is 
23 not a member of the General Assembly. 
24  (5) Meetings. The commission shall hold at least 2 
25 in-person public meetings during each fiscal year. One 
26 meeting shall be held in the City of Chicago and one 
 
 
10300HB3817sam002- 537 -LRB103 30519 JDS 62533 a


1 meeting shall be held in the City of Springfield. The 
2 commission may choose by a majority vote of its members to 
3 hold one virtual meeting, which is open to the public and 
4 over the Internet, in lieu of the 2 in-person public 
5 meetings required under this Section. 
6  (6) Compensation. Members shall not receive 
7 compensation for their services. 
8  (7) Annual report. By November 1 of each year, the 
9 commission shall submit a report to the Governor and the 
10 General Assembly setting forth recommendations with 
11 respect to the Governor's implementation of 
12 performance-based budgeting in Illinois State government 
13 proposed outcomes and goals. The report shall be published 
14 on the Governor's Office of Management and Budget's 
15 website. In its report, the commission shall report on the 
16 status of comprehensive program assessments and benefit 
17 cost analysis of state agency programs conducted during 
18 the prior year propose a percentage of the total budget to 
19 be assigned to each proposed outcome and goal. 
20 The commission shall also review existing statutory 
21mandates mandated expenditures and include in its report 
22recommendations for the repeal or modification of statutory 
23mandates and funds or the State treasury which are out-of-date 
24or unduly burdensome to the operations of State government 
25termination of mandated expenditures. 
26 The General Assembly may object to the commission's report 
 
 
10300HB3817sam002- 538 -LRB103 30519 JDS 62533 a


1by passing a joint resolution detailing the General Assembly's 
2objections. 
3 (d) In addition, each other constitutional officer of the 
4executive branch, in consultation with the appropriation 
5committees of the General Assembly, shall: (i) prioritize 
6outcomes that are most important for his or her office to 
7achieve for the next fiscal year and (ii) set goals to 
8accomplish those outcomes according to the priority of the 
9outcome. The Governor and each constitutional officer shall 
10separately conduct performance analyses to determine which 
11programs, strategies, and activities will best achieve those 
12desired outcomes. The Governor shall recommend that 
13appropriations be made to State agencies and officers for the 
14next fiscal year based on the agreed upon result and outcome 
15areas goals and priorities. Each agency and officer may 
16develop its own strategies for meeting those goals and shall 
17review and analyze those strategies on a regular basis. The 
18Governor shall also implement procedures to measure annual 
19progress toward the State's statewide results and outcomes 
20highest priority outcomes and shall develop a statewide 
21reporting system that collects performance data from all 
22programs under the authority of the Governor compares the 
23actual results with budgeted results. Those performance 
24measures and results shall be posted on the Governor's Office 
25of Management and Budget website State Comptroller's website, 
26and compiled for distribution in the Comptroller's Public 
 
 
10300HB3817sam002- 539 -LRB103 30519 JDS 62533 a


1Accountability Report, as is currently the practice on the 
2effective date of this amendatory Act of the 96th General 
3Assembly.

4(Source: P.A. 102-801, eff. 5-13-22.)

5
ARTICLE 75. 


6 Section 75-5. The Freedom of Information Act is amended by 
7changing Section 7.5 as follows:



8 (5 ILCS 140/7.5)



9 Sec. 7.5. Statutory exemptions. To the extent provided for 
10by the statutes referenced below, the following shall be 
11exempt from inspection and copying:
12  (a) All information determined to be confidential 
13 under Section 4002 of the Technology Advancement and 
14 Development Act.
15  (b) Library circulation and order records identifying 
16 library users with specific materials under the Library 
17 Records Confidentiality Act.
18  (c) Applications, related documents, and medical 
19 records received by the Experimental Organ Transplantation 
20 Procedures Board and any and all documents or other 
21 records prepared by the Experimental Organ Transplantation 
22 Procedures Board or its staff relating to applications it 
23 has received.
 
 
10300HB3817sam002- 540 -LRB103 30519 JDS 62533 a


1  (d) Information and records held by the Department of 
2 Public Health and its authorized representatives relating 
3 to known or suspected cases of sexually transmissible 
4 disease or any information the disclosure of which is 
5 restricted under the Illinois Sexually Transmissible 
6 Disease Control Act.
7  (e) Information the disclosure of which is exempted 
8 under Section 30 of the Radon Industry Licensing Act.
9  (f) Firm performance evaluations under Section 55 of 
10 the Architectural, Engineering, and Land Surveying 
11 Qualifications Based Selection Act.
12  (g) Information the disclosure of which is restricted 
13 and exempted under Section 50 of the Illinois Prepaid 
14 Tuition Act.
15  (h) Information the disclosure of which is exempted 
16 under the State Officials and Employees Ethics Act, and 
17 records of any lawfully created State or local inspector 
18 general's office that would be exempt if created or 
19 obtained by an Executive Inspector General's office under 
20 that Act.
21  (i) Information contained in a local emergency energy 
22 plan submitted to a municipality in accordance with a 
23 local emergency energy plan ordinance that is adopted 
24 under Section 11-21.5-5 of the Illinois Municipal Code.
25  (j) Information and data concerning the distribution 
26 of surcharge moneys collected and remitted by carriers 
 
 
10300HB3817sam002- 541 -LRB103 30519 JDS 62533 a


1 under the Emergency Telephone System Act.
2  (k) Law enforcement officer identification information 
3 or driver identification information compiled by a law 
4 enforcement agency or the Department of Transportation 
5 under Section 11-212 of the Illinois Vehicle Code.
6  (l) Records and information provided to a residential 
7 health care facility resident sexual assault and death 
8 review team or the Executive Council under the Abuse 
9 Prevention Review Team Act.
10  (m) Information provided to the predatory lending 
11 database created pursuant to Article 3 of the Residential 
12 Real Property Disclosure Act, except to the extent 
13 authorized under that Article.
14  (n) Defense budgets and petitions for certification of 
15 compensation and expenses for court appointed trial 
16 counsel as provided under Sections 10 and 15 of the 
17 Capital Crimes Litigation Act. This subsection (n) shall 
18 apply until the conclusion of the trial of the case, even 
19 if the prosecution chooses not to pursue the death penalty 
20 prior to trial or sentencing.
21  (o) Information that is prohibited from being 
22 disclosed under Section 4 of the Illinois Health and 
23 Hazardous Substances Registry Act.
24  (p) Security portions of system safety program plans, 
25 investigation reports, surveys, schedules, lists, data, or 
26 information compiled, collected, or prepared by or for the 
 
 
10300HB3817sam002- 542 -LRB103 30519 JDS 62533 a


1 Department of Transportation under Sections 2705-300 and 
2 2705-616 of the Department of Transportation Law of the 
3 Civil Administrative Code of Illinois, the Regional 
4 Transportation Authority under Section 2.11 of the 
5 Regional Transportation Authority Act, or the St. Clair 
6 County Transit District under the Bi-State Transit Safety 
7 Act. 
8  (q) Information prohibited from being disclosed by the 
9 Personnel Record Review Act. 
10  (r) Information prohibited from being disclosed by the 
11 Illinois School Student Records Act. 
12  (s) Information the disclosure of which is restricted 
13 under Section 5-108 of the Public Utilities Act. 

14  (t) All identified or deidentified health information 
15 in the form of health data or medical records contained 
16 in, stored in, submitted to, transferred by, or released 
17 from the Illinois Health Information Exchange, and 
18 identified or deidentified health information in the form 
19 of health data and medical records of the Illinois Health 
20 Information Exchange in the possession of the Illinois 
21 Health Information Exchange Office due to its 
22 administration of the Illinois Health Information 
23 Exchange. The terms "identified" and "deidentified" shall 
24 be given the same meaning as in the Health Insurance 
25 Portability and Accountability Act of 1996, Public Law 
26 104-191, or any subsequent amendments thereto, and any 
 
 
10300HB3817sam002- 543 -LRB103 30519 JDS 62533 a


1 regulations promulgated thereunder. 
2  (u) Records and information provided to an independent 
3 team of experts under the Developmental Disability and 
4 Mental Health Safety Act (also known as Brian's Law). 
5  (v) Names and information of people who have applied 
6 for or received Firearm Owner's Identification Cards under 
7 the Firearm Owners Identification Card Act or applied for 
8 or received a concealed carry license under the Firearm 
9 Concealed Carry Act, unless otherwise authorized by the 
10 Firearm Concealed Carry Act; and databases under the 
11 Firearm Concealed Carry Act, records of the Concealed 
12 Carry Licensing Review Board under the Firearm Concealed 
13 Carry Act, and law enforcement agency objections under the 
14 Firearm Concealed Carry Act. 
15  (v-5) Records of the Firearm Owner's Identification 
16 Card Review Board that are exempted from disclosure under 
17 Section 10 of the Firearm Owners Identification Card Act.
18  (w) Personally identifiable information which is 
19 exempted from disclosure under subsection (g) of Section 
20 19.1 of the Toll Highway Act.
21  (x) Information which is exempted from disclosure 
22 under Section 5-1014.3 of the Counties Code or Section 
23 8-11-21 of the Illinois Municipal Code. 
24  (y) Confidential information under the Adult 
25 Protective Services Act and its predecessor enabling 
26 statute, the Elder Abuse and Neglect Act, including 
 
 
10300HB3817sam002- 544 -LRB103 30519 JDS 62533 a


1 information about the identity and administrative finding 
2 against any caregiver of a verified and substantiated 
3 decision of abuse, neglect, or financial exploitation of 
4 an eligible adult maintained in the Registry established 
5 under Section 7.5 of the Adult Protective Services Act. 
6  (z) Records and information provided to a fatality 
7 review team or the Illinois Fatality Review Team Advisory 
8 Council under Section 15 of the Adult Protective Services 
9 Act. 
10  (aa) Information which is exempted from disclosure 
11 under Section 2.37 of the Wildlife Code. 
12  (bb) Information which is or was prohibited from 
13 disclosure by the Juvenile Court Act of 1987. 
14  (cc) Recordings made under the Law Enforcement 
15 Officer-Worn Body Camera Act, except to the extent 
16 authorized under that Act.
17  (dd) Information that is prohibited from being 
18 disclosed under Section 45 of the Condominium and Common 
19 Interest Community Ombudsperson Act. 
20  (ee) Information that is exempted from disclosure 
21 under Section 30.1 of the Pharmacy Practice Act. 
22  (ff) Information that is exempted from disclosure 
23 under the Revised Uniform Unclaimed Property Act. 
24  (gg) Information that is prohibited from being 
25 disclosed under Section 7-603.5 of the Illinois Vehicle 
26 Code. 
 
 
10300HB3817sam002- 545 -LRB103 30519 JDS 62533 a


1  (hh) Records that are exempt from disclosure under 
2 Section 1A-16.7 of the Election Code. 
3  (ii) Information which is exempted from disclosure 
4 under Section 2505-800 of the Department of Revenue Law of 
5 the Civil Administrative Code of Illinois. 
6  (jj) Information and reports that are required to be 
7 submitted to the Department of Labor by registering day 
8 and temporary labor service agencies but are exempt from 
9 disclosure under subsection (a-1) of Section 45 of the Day 
10 and Temporary Labor Services Act. 
11  (kk) Information prohibited from disclosure under the 
12 Seizure and Forfeiture Reporting Act. 
13  (ll) Information the disclosure of which is restricted 
14 and exempted under Section 5-30.8 of the Illinois Public 
15 Aid Code. 
16  (mm) Records that are exempt from disclosure under 
17 Section 4.2 of the Crime Victims Compensation Act. 
18  (nn) Information that is exempt from disclosure under 
19 Section 70 of the Higher Education Student Assistance Act. 
20  (oo) Communications, notes, records, and reports 
21 arising out of a peer support counseling session 
22 prohibited from disclosure under the First Responders 
23 Suicide Prevention Act. 
24  (pp) Names and all identifying information relating to 
25 an employee of an emergency services provider or law 
26 enforcement agency under the First Responders Suicide 
 
 
10300HB3817sam002- 546 -LRB103 30519 JDS 62533 a


1 Prevention Act. 
2  (qq) Information and records held by the Department of 
3 Public Health and its authorized representatives collected 
4 under the Reproductive Health Act. 
5  (rr) Information that is exempt from disclosure under 
6 the Cannabis Regulation and Tax Act. 
7  (ss) Data reported by an employer to the Department of 
8 Human Rights pursuant to Section 2-108 of the Illinois 
9 Human Rights Act.
10  (tt) Recordings made under the Children's Advocacy 
11 Center Act, except to the extent authorized under that 
12 Act. 
13  (uu) Information that is exempt from disclosure under 
14 Section 50 of the Sexual Assault Evidence Submission Act. 
15  (vv) Information that is exempt from disclosure under 
16 subsections (f) and (j) of Section 5-36 of the Illinois 
17 Public Aid Code. 
18  (ww) Information that is exempt from disclosure under 
19 Section 16.8 of the State Treasurer Act. 
20  (xx) Information that is exempt from disclosure or 
21 information that shall not be made public under the 
22 Illinois Insurance Code. 
23  (yy) Information prohibited from being disclosed under 
24 the Illinois Educational Labor Relations Act.
25  (zz) Information prohibited from being disclosed under 
26 the Illinois Public Labor Relations Act. 
 
 
10300HB3817sam002- 547 -LRB103 30519 JDS 62533 a


1  (aaa) Information prohibited from being disclosed 
2 under Section 1-167 of the Illinois Pension Code. 
3  (bbb) Information that is prohibited from disclosure 
4 by the Illinois Police Training Act and the Illinois State 
5 Police Act. 
6  (ccc) Records exempt from disclosure under Section

7 2605-304 of the Illinois State Police Law of the Civil

8 Administrative Code of Illinois. 
9  (ddd) Information prohibited from being disclosed 
10 under Section 35 of the Address Confidentiality for 
11 Victims of Domestic Violence, Sexual Assault, Human 
12 Trafficking, or Stalking Act. 
13  (eee) Information prohibited from being disclosed 
14 under subsection (b) of Section 75 of the Domestic 
15 Violence Fatality Review Act. 
16  (fff) Images from cameras under the Expressway Camera 
17 Act. This subsection (fff) is inoperative on and after 
18 July 1, 2023. 
19  (ggg) Information prohibited from disclosure under 
20 paragraph (3) of subsection (a) of Section 14 of the Nurse 
21 Agency Licensing Act. 
22  (hhh) Information submitted to the Illinois Department 
23 of State Police in an affidavit or application for an 
24 assault weapon endorsement, assault weapon attachment 
25 endorsement, .50 caliber rifle endorsement, or .50 caliber 
26 cartridge endorsement under the Firearm Owners 
 
 
10300HB3817sam002- 548 -LRB103 30519 JDS 62533 a


1 Identification Card Act. 
2  (iii) Data exempt from disclosure under Section
50 of 
3 the School Safety Drill Act. 
4(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 
5101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 
61-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 
7eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 
8101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 
91-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 
10eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 
11102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 
127-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised 
132-13-23.)

14 Section 75-10. The School Safety Drill Act is amended by 
15adding Section 50 as follows:

16 (105 ILCS 128/50 new)
17 Sec. 50. Crisis response mapping data grants.
18 (a) Subject to appropriation, a public school district, a 
19charter school, a special education cooperative or district, 
20an education for employment system, a State-approved area 
21career center, a public university laboratory school, the 
22Illinois Mathematics and Science Academy, the Department of 
23Juvenile Justice School District, a regional office of 
24education, the Illinois School for the Deaf, the Illinois 
 
 
10300HB3817sam002- 549 -LRB103 30519 JDS 62533 a


1School for the Visually Impaired, the Philip J. Rock Center 
2and School, an early childhood or preschool program supported 
3by the Early Childhood Block Grant, or any other public school 
4entity designated by the State Board of Education by rule, may 
5apply to the State Board of Education or the State Board of 
6Education or the State Board's designee for a grant to obtain 
7crisis response mapping data and to provide copies of the 
8crisis response mapping data to appropriate local, county, 
9State, and federal first responders for use in response to 
10emergencies. The crisis response mapping data shall be stored 
11and provided in an electronic or digital format to assist 
12first responders in responding to emergencies at the school.
13 (b) Subject to appropriation, including funding for any 
14administrative costs reasonably incurred by the State Board of 
15Education or the State Board's designee in the administration 
16of the grant program described by this Section, the State 
17Board shall provide grants to any entity in subsection (a) 
18upon approval of an application submitted by the entity to 
19cover the costs incurred in obtaining crisis response mapping 
20data under this Section. The grant application must include 
21crisis response mapping data for all schools under the 
22jurisdiction of the entity submitting the application, 
23including, in the case of a public school district, any 
24charter schools authorized by the school board for the school 
25district.
26 (c) To be eligible for a grant under this Section, the 
 
 
10300HB3817sam002- 550 -LRB103 30519 JDS 62533 a


1crisis response mapping data must, at a minimum:
2  (1) be compatible and integrate into security software 
3 platforms in use by the specific school for which the data 
4 is provided without requiring local law enforcement 
5 agencies or the school district to purchase additional 
6 software or requiring the integration of third-party 
7 software to view the data; 
8  (2) be compatible with security software platforms in 
9 use by the specific school for which the data is provided 
10 without requiring local public safety agencies or the 
11 school district to purchase additional software or 
12 requiring the integration of third-party software to view 
13 the data; 
14  (3) be capable of being provided in a printable 
15 format; 
16  (4) be verified for accuracy by an on-site 
17 walk-through of the school building and grounds; 
18  (5) be oriented to true north; 
19  (6) be overlaid on current aerial imagery or plans of 
20 the school building; 
21  (7) contain site-specific labeling that matches the 
22 structure of the school building, including room labels, 
23 hallway names, and external door or stairwell numbers and 
24 the location of hazards, critical utilities, key boxes, 
25 automated external defibrillators, and trauma kits, and 
26 that matches the school grounds, including parking areas, 
 
 
10300HB3817sam002- 551 -LRB103 30519 JDS 62533 a


1 athletic fields, surrounding roads, and neighboring 
2 properties; and 
3  (8) be overlaid with gridded x/y coordinates. 
4 (d) Subject to appropriation, the crisis response mapping 
5data may be reviewed annually to update the data as necessary.
6 (e) Crisis response mapping data obtained pursuant to this 
7Section are confidential and exempt from disclosure under the

8Freedom of Information Act.
9 (f) The State Board may adopt rules to implement the 
10provisions of this Section. 

11
ARTICLE 80. 


12 Section 80-5. The School Code is amended by changing 
13Sections 10-20.21, 34-18, and 34-21.3 as follows:



14 (105 ILCS 5/10-20.21)


15 Sec. 10-20.21. Contracts. 

16 (a)
To award all contracts for
purchase of supplies and 
17materials or work involving an expenditure in excess of 
18$35,000 $25,000 or a lower amount as required by board policy

19to the lowest responsible bidder, considering conformity with

20specifications, terms of delivery, quality and serviceability, 
21after due
advertisement, except the following: 
22  (i) contracts for the services of
individuals 
23 possessing a high degree of professional skill where the

 
 
10300HB3817sam002- 552 -LRB103 30519 JDS 62533 a


1 ability or fitness of the individual plays an important 
2 part; 
3  (ii)
contracts for the printing of finance committee 
4 reports and departmental
reports; 
5  (iii) contracts for the printing or engraving of 
6 bonds, tax
warrants and other evidences of indebtedness; 
7  (iv) contracts for the
purchase of perishable foods 
8 and perishable beverages; 
9  (v) contracts for
materials and work which have been 
10 awarded to the lowest responsible bidder
after due 
11 advertisement, but due to unforeseen revisions, not the 
12 fault of
the contractor for materials and work, must be 
13 revised causing expenditures
not in excess of 10% of the 
14 contract price; 
15  (vi)
contracts for the maintenance or servicing of, or 
16 provision of
repair parts for, equipment which are made 
17 with the manufacturer or
authorized service agent of that 
18 equipment where the provision of parts,
maintenance, or 
19 servicing can best be performed by the manufacturer or

20 authorized service agent; 
21  (vii) purchases and contracts for the use,
purchase, 
22 delivery, movement, or installation of data processing 
23 equipment,
software, or services and telecommunications 
24 and interconnect
equipment, software, and services; 
25  (viii) contracts for duplicating
machines and 
26 supplies; 
 
 
10300HB3817sam002- 553 -LRB103 30519 JDS 62533 a


1  (ix) contracts for the purchase of fuel, including 
2 diesel, gasoline, oil, aviation, natural gas, or propane, 
3 lubricants, or other petroleum products; 
4  (x) purchases of
equipment previously owned by some 
5 entity other than the district
itself; 
6  (xi) contracts for repair, maintenance, remodeling, 
7 renovation, or
construction, or a single project involving 
8 an expenditure not to exceed
$50,000 and not involving a 
9 change or increase in the size, type, or extent
of an 
10 existing facility; 
11  (xii) contracts for goods or services procured
from 
12 another governmental agency; 
13  (xiii) contracts for goods or services
which are 
14 economically procurable from only one source, such as for 
15 the
purchase of magazines, books, periodicals, pamphlets 
16 and reports, and for
utility services such as water, 
17 light, heat, telephone or telegraph;

18  (xiv) where funds are expended in an emergency and 
19 such emergency
expenditure is approved by 3/4 of the 
20 members of the board; 
21  (xv) State master contracts authorized under Article 
22 28A of this Code; 
23  (xvi) contracts providing for the transportation of 
24 pupils, which contracts must be advertised in the same 
25 manner as competitive bids and awarded by first 
26 considering the bidder or bidders most able to provide 
 
 
10300HB3817sam002- 554 -LRB103 30519 JDS 62533 a


1 safety and comfort for the pupils, stability of service, 
2 and any other factors set forth in the request for 
3 proposal regarding quality of service, and then price; and
4  (xvii) contracts for goods, services, or management in 
5 the operation of a school's food service, including a 
6 school that participates in any of the United States 
7 Department of Agriculture's child nutrition programs if a 
8 good faith effort is made on behalf of the school district 
9 to give preference to:
10   (1) contracts that procure food that promotes the 
11 health and well-being of students, in compliance with 
12 United States Department of Agriculture nutrition 
13 standards for school meals. Contracts should also 
14 promote the production of scratch made, minimally 
15 processed foods;
16   (2) contracts that give a preference to State or 
17 regional suppliers that source local food products;
18   (3) contracts that give a preference to food 
19 suppliers that utilize producers that adopt hormone 
20 and pest management practices recommended by the 
21 United States Department of Agriculture;
22   (4) contracts that give a preference to food 
23 suppliers that value animal welfare; and 
24   (5) contracts that increase opportunities for 
25 businesses owned and operated by minorities, women, or 
26 persons with disabilities.
 
 
10300HB3817sam002- 555 -LRB103 30519 JDS 62533 a


1 Food supplier data shall be submitted to the school 
2 district at the time of the bid, to the best of the 
3 bidder's ability, and updated annually thereafter during 
4 the term of the contract. The contractor shall submit the 
5 updated food supplier data. The data required under this 
6 item (xvii) shall include the name and address of each 
7 supplier, distributor, processor, and producer involved in 
8 the provision of the products that the bidder is to 
9 supply. 
10However, at no time shall a cause of action lie against a 
11school board for awarding a pupil transportation contract per 
12the standards set forth in this subsection (a) unless the 
13cause of action is based on fraudulent conduct. 
14 All competitive
bids for contracts involving an 
15expenditure in excess of $35,000 $25,000 or a lower amount as 
16required by board policy must be
sealed by the bidder and must 
17be opened by a member or employee of the
school board at a 
18public bid opening at which the contents of the bids
must be 
19announced. Each bidder must receive at least 3 days' notice of 
20the
time and place of the bid opening. For purposes of this 
21Section due
advertisement includes, but is not limited to, at 
22least one public notice
at least 10 days before the bid date in 
23a newspaper published in the
district, or if no newspaper is 
24published in the district, in a newspaper
of general 
25circulation in the area of the district. State master 
26contracts and certified education purchasing contracts, as 
 
 
10300HB3817sam002- 556 -LRB103 30519 JDS 62533 a


1defined in Article 28A of this Code, are not subject to the 
2requirements of this paragraph.


3 Under this Section, the acceptance of bids sealed by a 
4bidder and the opening of these bids at a public bid opening 
5may be permitted by an electronic process for communicating, 
6accepting, and opening competitive bids. An electronic bidding 
7process must provide for, but is not limited to, the following 
8safeguards:
9  (1) On the date and time certain of a bid opening, the 
10 primary person conducting the competitive, sealed, 
11 electronic bid process shall log onto a specified database 
12 using a unique username and password previously assigned 
13 to the bidder to allow access to the bidder's specific bid 
14 project number.
15  (2) The specified electronic database must be on a 
16 network that (i) is in a secure environment behind a 
17 firewall; (ii) has specific encryption tools; (iii) 
18 maintains specific intrusion detection systems; (iv) has 
19 redundant systems architecture with data storage back-up, 
20 whether by compact disc or tape; and (v) maintains a 
21 disaster recovery plan.

22It is the legislative intent of Public Act 96-841 to maintain 
23the integrity of the sealed bidding process provided for in 
24this Section, to further limit any possibility of bid-rigging, 
25to reduce administrative costs to school districts, and to 
26effect efficiencies in communications with bidders. 
 
 
10300HB3817sam002- 557 -LRB103 30519 JDS 62533 a


1 (b) To require, as a condition of any contract for goods 
2and services,
that persons
bidding for and awarded a contract 
3and all affiliates of the person collect and
remit
Illinois 
4Use Tax on all sales of tangible personal property into the 
5State of
Illinois in
accordance with the provisions of the 
6Illinois Use Tax Act regardless of whether
the
person or 
7affiliate is a "retailer maintaining a place of business 
8within this
State" as
defined in Section 2 of the Use Tax Act. 
9For purposes of this Section, the term
"affiliate"
means any 
10entity that (1) directly, indirectly, or constructively 
11controls
another entity, (2)
is directly, indirectly, or 
12constructively controlled by another entity, or (3)
is subject 
13to
the control of a common entity. For purposes of this 
14subsection (b), an entity
controls
another entity if it owns, 
15directly or individually, more than 10% of the
voting

16securities
of that entity. As used in this subsection (b), the 
17term "voting security"
means a security
that (1) confers upon 
18the holder the right to vote for the election of members
of the 
19board
of directors or similar governing body of the business 
20or (2) is convertible
into, or entitles
the holder to receive 
21upon its exercise, a security that confers such a right
to

22vote. A
general partnership interest is a voting security.

23 To require that bids and contracts include a certification 
24by the bidder
or
contractor that the bidder or contractor is 
25not barred from bidding for or
entering into a
contract under 
26this Section and that the bidder or contractor acknowledges 
 
 
10300HB3817sam002- 558 -LRB103 30519 JDS 62533 a


1that
the school
board may declare the contract void if the 
2certification completed pursuant to
this
subsection (b) is 
3false.

4 (b-5) To require all contracts and agreements that pertain 
5to goods and services and that are intended to generate 
6additional revenue and other remunerations for the school 
7district in excess of $1,000, including without limitation 
8vending machine contracts, sports and other attire, class 
9rings, and photographic services, to be approved by the school 
10board. The school board shall file as an attachment to its 
11annual budget a report, in a form as determined by the State 
12Board of Education, indicating for the prior year the name of 
13the vendor, the product or service provided, and the actual 
14net revenue and non-monetary remuneration from each of the 
15contracts or agreements. In addition, the report shall 
16indicate for what purpose the revenue was used and how and to 
17whom the non-monetary remuneration was distributed.

18 (b-10) To prohibit any contract to purchase food with a 
19bidder or offeror if the bidder's or offeror's contract terms 
20prohibit the school from donating food to food banks, 
21including, but not limited to, homeless shelters, food 
22pantries, and soup kitchens.
23 (c) If the State education purchasing entity creates a 
24master contract as defined in Article 28A of this Code, then 
25the State education purchasing entity shall notify school 
26districts of the existence of the master contract. 
 
 
10300HB3817sam002- 559 -LRB103 30519 JDS 62533 a


1 (d) In purchasing supplies, materials, equipment, or 
2services that are not subject to subsection (c) of this 
3Section, before a school district solicits bids or awards a 
4contract, the district may review and consider as a bid under 
5subsection (a) of this Section certified education purchasing 
6contracts that are already available through the State 
7education purchasing entity.
8(Source: P.A. 101-570, eff. 8-23-19; 101-632, eff. 6-5-20; 
9102-1101, eff. 6-29-22.)





10 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)


11 Sec. 34-18. Powers of the board. The board shall exercise 
12general
supervision and jurisdiction over the public education 
13and the public
school system of the city, and, except as 
14otherwise provided by this
Article, shall have power:

15  1. To make suitable provision for the establishment 
16 and maintenance
throughout the year or for such portion 
17 thereof as it may direct, not
less than 9 months and in 
18 compliance with Section 10-19.05, of schools of all grades 
19 and kinds, including normal
schools, high schools, night 
20 schools, schools for defectives and
delinquents, parental 
21 and truant schools, schools for the blind, the
deaf, and 
22 persons with physical disabilities, schools or classes in 
23 manual training,
constructural and vocational teaching, 
24 domestic arts, and physical
culture, vocation and 
25 extension schools and lecture courses, and all
other 
 
 
10300HB3817sam002- 560 -LRB103 30519 JDS 62533 a


1 educational courses and facilities, including 
2 establishing,
equipping, maintaining and operating 
3 playgrounds and recreational
programs, when such programs 
4 are conducted in, adjacent to, or connected
with any 
5 public school under the general supervision and 
6 jurisdiction
of the board; provided that the calendar for 
7 the school term and any changes must be submitted to and 
8 approved by the State Board of Education before the 
9 calendar or changes may take effect, and provided that in 
10 allocating funds
from year to year for the operation of 
11 all attendance centers within the
district, the board 
12 shall ensure that supplemental general State aid or 
13 supplemental grant funds
are allocated and applied in 
14 accordance with Section 18-8, 18-8.05, or 18-8.15. To

15 admit to such
schools without charge foreign exchange 
16 students who are participants in
an organized exchange 
17 student program which is authorized by the board.
The 
18 board shall permit all students to enroll in 
19 apprenticeship programs
in trade schools operated by the 
20 board, whether those programs are
union-sponsored or not. 
21 No student shall be refused admission into or
be excluded 
22 from any course of instruction offered in the common 
23 schools
by reason of that student's sex. No student shall 
24 be denied equal
access to physical education and 
25 interscholastic athletic programs
supported from school 
26 district funds or denied participation in
comparable 
 
 
10300HB3817sam002- 561 -LRB103 30519 JDS 62533 a


1 physical education and athletic programs solely by reason 
2 of
the student's sex. Equal access to programs supported 
3 from school
district funds and comparable programs will be 
4 defined in rules
promulgated by the State Board of 
5 Education in
consultation with the Illinois High School 
6 Association.
Notwithstanding any other provision of this 
7 Article, neither the board
of education nor any local 
8 school council or other school official shall
recommend 
9 that children with disabilities be placed into regular 
10 education
classrooms unless those children with 
11 disabilities are provided with
supplementary services to 
12 assist them so that they benefit from the regular

13 classroom instruction and are included on the teacher's 
14 regular education
class register;

15  2. To furnish lunches to pupils, to make a reasonable 
16 charge
therefor, and to use school funds for the payment 
17 of such expenses as
the board may determine are necessary 
18 in conducting the school lunch
program;

19  3. To co-operate with the circuit court;

20  4. To make arrangements with the public or 
21 quasi-public libraries
and museums for the use of their 
22 facilities by teachers and pupils of
the public schools;

23  5. To employ dentists and prescribe their duties for 
24 the purpose of
treating the pupils in the schools, but 
25 accepting such treatment shall
be optional with parents or 
26 guardians;

 
 
10300HB3817sam002- 562 -LRB103 30519 JDS 62533 a


1  6. To grant the use of assembly halls and classrooms 
2 when not
otherwise needed, including light, heat, and 
3 attendants, for free public
lectures, concerts, and other 
4 educational and social interests, free of
charge, under 
5 such provisions and control as the principal of the

6 affected attendance center may prescribe;

7  7. To apportion the pupils to the several schools; 
8 provided that no pupil
shall be excluded from or 
9 segregated in any such school on account of his
color, 
10 race, sex, or nationality. The board shall take into 
11 consideration
the prevention of segregation and the 
12 elimination of separation of children
in public schools 
13 because of color, race, sex, or nationality. Except that

14 children may be committed to or attend parental and social 
15 adjustment schools
established and maintained either for 
16 boys or girls only. All records
pertaining to the 
17 creation, alteration or revision of attendance areas shall

18 be open to the public. Nothing herein shall limit the 
19 board's authority to
establish multi-area attendance 
20 centers or other student assignment systems
for 
21 desegregation purposes or otherwise, and to apportion the 
22 pupils to the
several schools. Furthermore, beginning in 
23 school year 1994-95, pursuant
to a board plan adopted by 
24 October 1, 1993, the board shall offer, commencing
on a 
25 phased-in basis, the opportunity for families within the 
26 school
district to apply for enrollment of their children 
 
 
10300HB3817sam002- 563 -LRB103 30519 JDS 62533 a


1 in any attendance center
within the school district which 
2 does not have selective admission
requirements approved by 
3 the board. The appropriate geographical area in
which such 
4 open enrollment may be exercised shall be determined by 
5 the
board of education. Such children may be admitted to 
6 any such attendance
center on a space available basis 
7 after all children residing within such
attendance 
8 center's area have been accommodated. If the number of

9 applicants from outside the attendance area exceed the 
10 space available,
then successful applicants shall be 
11 selected by lottery. The board of
education's open 
12 enrollment plan must include provisions that allow 
13 low-income students to have access to transportation 
14 needed to exercise school
choice. Open enrollment shall be 
15 in compliance with the provisions of the
Consent Decree 
16 and Desegregation Plan cited in Section 34-1.01;

17  8. To approve programs and policies for providing 
18 transportation
services to students. Nothing herein shall 
19 be construed to permit or empower
the State Board of 
20 Education to order, mandate, or require busing or other

21 transportation of pupils for the purpose of achieving 
22 racial balance in any
school;

23  9. Subject to the limitations in this Article, to 
24 establish and
approve system-wide curriculum objectives 
25 and standards, including graduation
standards, which 
26 reflect the
multi-cultural diversity in the city and are 
 
 
10300HB3817sam002- 564 -LRB103 30519 JDS 62533 a


1 consistent with State law,
provided that for all purposes 
2 of this Article courses or
proficiency in American Sign 
3 Language shall be deemed to constitute courses
or 
4 proficiency in a foreign language; and to employ 
5 principals and teachers,
appointed as provided in this

6 Article, and fix their compensation. The board shall 
7 prepare such reports
related to minimal competency testing 
8 as may be requested by the State
Board of Education and, in 
9 addition, shall monitor and approve special
education and 
10 bilingual education programs and policies within the 
11 district to ensure
that appropriate services are provided 
12 in accordance with applicable
State and federal laws to 
13 children requiring services and education in those
areas;

14  10. To employ non-teaching personnel or utilize 
15 volunteer personnel
for: (i) non-teaching duties not 
16 requiring instructional judgment or
evaluation of pupils, 
17 including library duties; and (ii) supervising study

18 halls, long distance teaching reception areas used 
19 incident to instructional
programs transmitted by 
20 electronic media such as computers, video, and audio,

21 detention and discipline areas, and school-sponsored 
22 extracurricular
activities. The board may further utilize 
23 volunteer nonlicensed
personnel or employ nonlicensed 
24 personnel to
assist in the instruction of pupils under the 
25 immediate supervision of a
teacher holding a valid 
26 educator license, directly engaged in teaching
subject 
 
 
10300HB3817sam002- 565 -LRB103 30519 JDS 62533 a


1 matter or conducting activities; provided that the teacher

2 shall be continuously aware of the nonlicensed persons' 
3 activities and
shall be able to control or modify them. 
4 The general superintendent shall
determine qualifications 
5 of such personnel and shall prescribe rules for

6 determining the duties and activities to be assigned to 
7 such personnel;

8  10.5. To utilize volunteer personnel from a regional 
9 School Crisis
Assistance Team (S.C.A.T.), created as part 
10 of the Safe to Learn Program
established pursuant to 
11 Section 25 of the Illinois Violence Prevention Act
of 
12 1995, to provide assistance to schools in times of 
13 violence or other
traumatic incidents within a school 
14 community by providing crisis
intervention services to 
15 lessen the effects of emotional trauma on
individuals and 
16 the community; the School Crisis Assistance Team
Steering 
17 Committee shall determine the qualifications for 
18 volunteers;

19  11. To provide television studio facilities in not to 
20 exceed one
school building and to provide programs for 
21 educational purposes,
provided, however, that the board 
22 shall not construct, acquire, operate,
or maintain a 
23 television transmitter; to grant the use of its studio

24 facilities to a licensed television station located in the 
25 school
district; and to maintain and operate not to exceed 
26 one school radio
transmitting station and provide programs 
 
 
10300HB3817sam002- 566 -LRB103 30519 JDS 62533 a


1 for educational purposes;

2  12. To offer, if deemed appropriate, outdoor education 
3 courses,
including field trips within the State of 
4 Illinois, or adjacent states,
and to use school 
5 educational funds for the expense of the said outdoor

6 educational programs, whether within the school district 
7 or not;

8  13. During that period of the calendar year not 
9 embraced within the
regular school term, to provide and 
10 conduct courses in subject matters
normally embraced in 
11 the program of the schools during the regular
school term 
12 and to give regular school credit for satisfactory

13 completion by the student of such courses as may be 
14 approved for credit
by the State Board of Education;

15  14. To insure against any loss or liability of the 
16 board,
the former School Board Nominating Commission, 
17 Local School Councils, the
Chicago Schools Academic 
18 Accountability Council, or the former Subdistrict
Councils 
19 or of any member, officer, agent, or employee thereof, 
20 resulting
from alleged violations of civil rights arising 
21 from incidents occurring on
or after September 5, 1967 or 
22 from the wrongful or negligent act or
omission of any such 
23 person whether occurring within or without the school

24 premises, provided the officer, agent, or employee was, at 
25 the time of the
alleged violation of civil rights or 
26 wrongful act or omission, acting
within the scope of his 
 
 
10300HB3817sam002- 567 -LRB103 30519 JDS 62533 a


1 or her employment or under direction of the board, the

2 former School
Board Nominating Commission, the Chicago 
3 Schools Academic Accountability
Council, Local School 
4 Councils, or the former Subdistrict Councils;
and to 
5 provide for or participate in insurance plans for its 
6 officers and
employees, including, but not limited to, 
7 retirement annuities, medical,
surgical and 
8 hospitalization benefits in such types and amounts as may 
9 be
determined by the board; provided, however, that the 
10 board shall contract
for such insurance only with an 
11 insurance company authorized to do business
in this State. 
12 Such insurance may include provision for employees who 
13 rely
on treatment by prayer or spiritual means alone for 
14 healing, in accordance
with the tenets and practice of a 
15 recognized religious denomination;

16  15. To contract with the corporate authorities of any 
17 municipality
or the county board of any county, as the 
18 case may be, to provide for
the regulation of traffic in 
19 parking areas of property used for school
purposes, in 
20 such manner as is provided by Section 11-209 of the

21 Illinois Vehicle Code;

22  16. (a) To provide, on an equal basis, access to a high

23 school campus and student directory information to the

24 official recruiting representatives of the armed forces of 
25 Illinois and
the United States for the purposes of 
26 informing students of the educational
and career 
 
 
10300HB3817sam002- 568 -LRB103 30519 JDS 62533 a


1 opportunities available in the military if the board has 
2 provided
such access to persons or groups whose purpose is 
3 to acquaint students with
educational or occupational 
4 opportunities available to them. The board
is not required 
5 to give greater notice regarding the right of access to

6 recruiting representatives than is given to other persons 
7 and groups. In
this paragraph 16, "directory information" 
8 means a high school
student's name, address, and telephone 
9 number.

10  (b) If a student or his or her parent or guardian 
11 submits a signed,
written request to the high school 
12 before the end of the student's sophomore
year (or if the 
13 student is a transfer student, by another time set by
the 
14 high school) that indicates that the student or his or her 
15 parent or
guardian does
not want the student's directory 
16 information to be provided to official
recruiting 
17 representatives under subsection (a) of this Section, the 
18 high
school may not provide access to the student's 
19 directory information to
these recruiting representatives. 
20 The high school shall notify its
students and their 
21 parents or guardians of the provisions of this
subsection 
22 (b).

23  (c) A high school may require official recruiting 
24 representatives of
the armed forces of Illinois and the 
25 United States to pay a fee for copying
and mailing a 
26 student's directory information in an amount that is not

 
 
10300HB3817sam002- 569 -LRB103 30519 JDS 62533 a


1 more than the actual costs incurred by the high school.

2  (d) Information received by an official recruiting 
3 representative
under this Section may be used only to 
4 provide information to students
concerning educational and 
5 career opportunities available in the military
and may not 
6 be released to a person who is not involved in recruiting

7 students for the armed forces of Illinois or the United 
8 States;

9  17. (a) To sell or market any computer program 
10 developed by an employee
of the school district, provided 
11 that such employee developed the computer
program as a 
12 direct result of his or her duties with the school 
13 district
or through the utilization of school district 
14 resources or facilities.
The employee who developed the 
15 computer program shall be entitled to share
in the 
16 proceeds of such sale or marketing of the computer 
17 program. The
distribution of such proceeds between the 
18 employee and the school district
shall be as agreed upon 
19 by the employee and the school district, except
that 
20 neither the employee nor the school district may receive 
21 more than 90%
of such proceeds. The negotiation for an 
22 employee who is represented by an
exclusive bargaining 
23 representative may be conducted by such bargaining

24 representative at the employee's request.

25  (b) For the purpose of this paragraph 17:

26   (1) "Computer" means an internally programmed, 
 
 
10300HB3817sam002- 570 -LRB103 30519 JDS 62533 a


1 general purpose digital
device capable of 
2 automatically accepting data, processing data and 
3 supplying
the results of the operation.

4   (2) "Computer program" means a series of coded 
5 instructions or
statements in a form acceptable to a 
6 computer, which causes the computer to
process data in 
7 order to achieve a certain result.

8   (3) "Proceeds" means profits derived from the 
9 marketing or sale of a product
after deducting the 
10 expenses of developing and marketing such product;

11  18. To delegate to the general superintendent of

12 schools, by resolution, the authority to approve contracts 
13 and expenditures
in amounts of $35,000 $10,000 or less;

14  19. Upon the written request of an employee, to 
15 withhold from
the compensation of that employee any dues, 
16 payments, or contributions
payable by such employee to any 
17 labor organization as defined in the
Illinois Educational 
18 Labor Relations Act. Under such arrangement, an
amount 
19 shall be withheld from each regular payroll period which 
20 is equal to
the pro rata share of the annual dues plus any 
21 payments or contributions,
and the board shall transmit 
22 such withholdings to the specified labor
organization 
23 within 10 working days from the time of the withholding;

24  19a. Upon receipt of notice from the comptroller of a 
25 municipality with
a population of 500,000 or more, a 
26 county with a population of 3,000,000 or
more, the Cook 
 
 
10300HB3817sam002- 571 -LRB103 30519 JDS 62533 a


1 County Forest Preserve District, the Chicago Park 
2 District, the
Metropolitan Water Reclamation District, the 
3 Chicago Transit Authority, or
a housing authority of a 
4 municipality with a population of 500,000 or more
that a 
5 debt is due and owing the municipality, the county, the 
6 Cook County
Forest Preserve District, the Chicago Park 
7 District, the Metropolitan Water
Reclamation District, the 
8 Chicago Transit Authority, or the housing authority
by an 
9 employee of the Chicago Board of Education, to withhold, 
10 from the
compensation of that employee, the amount of the 
11 debt that is due and owing
and pay the amount withheld to 
12 the municipality, the county, the Cook County
Forest 
13 Preserve District, the Chicago Park District, the 
14 Metropolitan Water
Reclamation District, the Chicago 
15 Transit Authority, or the housing authority;
provided, 
16 however, that the amount
deducted from any one salary or 
17 wage payment shall not exceed 25% of the net
amount of the 
18 payment. Before the Board deducts any amount from any 
19 salary or
wage of an employee under this paragraph, the 
20 municipality, the county, the
Cook County Forest Preserve 
21 District, the Chicago Park District, the
Metropolitan 
22 Water Reclamation District, the Chicago Transit Authority, 
23 or the
housing authority shall certify that (i) the 
24 employee has been afforded an
opportunity for a hearing to 
25 dispute the debt that is due and owing the
municipality, 
26 the county, the Cook County Forest Preserve District, the 
 
 
10300HB3817sam002- 572 -LRB103 30519 JDS 62533 a


1 Chicago
Park District, the Metropolitan Water Reclamation 
2 District, the Chicago Transit
Authority, or the housing 
3 authority and (ii) the employee has received notice
of a 
4 wage deduction order and has been afforded an opportunity 
5 for a hearing to
object to the order. For purposes of this 
6 paragraph, "net amount" means that
part of the salary or 
7 wage payment remaining after the deduction of any amounts

8 required by law to be deducted and "debt due and owing" 
9 means (i) a specified
sum of money owed to the 
10 municipality, the county, the Cook County Forest
Preserve 
11 District, the Chicago Park District, the Metropolitan 
12 Water
Reclamation District, the Chicago Transit Authority, 
13 or the housing authority
for services, work, or goods, 
14 after the period granted for payment has expired,
or (ii) 
15 a specified sum of money owed to the municipality, the 
16 county, the Cook
County Forest Preserve District, the 
17 Chicago Park District, the Metropolitan
Water Reclamation 
18 District, the Chicago Transit Authority, or the housing

19 authority pursuant to a court order or order of an 
20 administrative hearing
officer after the exhaustion of, or 
21 the failure to exhaust, judicial review;

22  20. The board is encouraged to employ a sufficient 
23 number of
licensed school counselors to maintain a 
24 student/counselor ratio of 250 to
1. Each counselor shall 
25 spend at least 75% of his work
time in direct contact with 
26 students and shall maintain a record of such time;

 
 
10300HB3817sam002- 573 -LRB103 30519 JDS 62533 a


1  21. To make available to students vocational and 
2 career
counseling and to establish 5 special career 
3 counseling days for students
and parents. On these days 
4 representatives of local businesses and
industries shall 
5 be invited to the school campus and shall inform students

6 of career opportunities available to them in the various 
7 businesses and
industries. Special consideration shall be 
8 given to counseling minority
students as to career 
9 opportunities available to them in various fields.
For the 
10 purposes of this paragraph, minority student means a 
11 person who is any of the following:

12  (a) American Indian or Alaska Native (a person having 
13 origins in any of the original peoples of North and South 
14 America, including Central America, and who maintains 
15 tribal affiliation or community attachment).
16  (b) Asian (a person having origins in any of the 
17 original peoples of the Far East, Southeast Asia, or the 
18 Indian subcontinent, including, but not limited to, 
19 Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, 
20 the Philippine Islands, Thailand, and Vietnam).
21  (c) Black or African American (a person having origins 
22 in any of the black racial groups of Africa).
23  (d) Hispanic or Latino (a person of Cuban, Mexican, 
24 Puerto Rican, South or Central American, or other Spanish 
25 culture or origin, regardless of race).
26  (e) Native Hawaiian or Other Pacific Islander (a 
 
 
10300HB3817sam002- 574 -LRB103 30519 JDS 62533 a


1 person having origins in any of the original peoples of 
2 Hawaii, Guam, Samoa, or other Pacific Islands).

3  Counseling days shall not be in lieu of regular school 
4 days;

5  22. To report to the State Board of Education the 
6 annual
student dropout rate and number of students who 
7 graduate from, transfer
from, or otherwise leave bilingual 
8 programs;

9  23. Except as otherwise provided in the Abused and 
10 Neglected Child
Reporting Act or other applicable State or 
11 federal law, to permit school
officials to withhold, from 
12 any person, information on the whereabouts of
any child 
13 removed from school premises when the child has been taken 
14 into
protective custody as a victim of suspected child 
15 abuse. School officials
shall direct such person to the 
16 Department of Children and Family Services
or to the local 
17 law enforcement agency, if appropriate;

18  24. To develop a policy, based on the current state of 
19 existing school
facilities, projected enrollment, and 
20 efficient utilization of available
resources, for capital 
21 improvement of schools and school buildings within
the 
22 district, addressing in that policy both the relative 
23 priority for
major repairs, renovations, and additions to 
24 school facilities and the
advisability or necessity of 
25 building new school facilities or closing
existing schools 
26 to meet current or projected demographic patterns within

 
 
10300HB3817sam002- 575 -LRB103 30519 JDS 62533 a


1 the district;

2  25. To make available to the students in every high 
3 school attendance
center the ability to take all courses 
4 necessary to comply with the Board
of Higher Education's 
5 college entrance criteria effective in 1993;

6  26. To encourage mid-career changes into the teaching 
7 profession,
whereby qualified professionals become 
8 licensed teachers, by allowing
credit for professional 
9 employment in related fields when determining point
of 
10 entry on the teacher pay scale;

11  27. To provide or contract out training programs for 
12 administrative
personnel and principals with revised or 
13 expanded duties pursuant to this Code
in order to ensure 
14 they have the knowledge and skills to perform
their 
15 duties;

16  28. To establish a fund for the prioritized special 
17 needs programs, and
to allocate such funds and other lump 
18 sum amounts to each attendance center
in a manner 
19 consistent with the provisions of part 4 of Section 
20 34-2.3.
Nothing in this paragraph shall be construed to 
21 require any additional
appropriations of State funds for 
22 this purpose;

23  29. (Blank);

24  30. Notwithstanding any other provision of this Act or 
25 any other law to
the contrary, to contract with third 
26 parties for services otherwise performed
by employees, 
 
 
10300HB3817sam002- 576 -LRB103 30519 JDS 62533 a


1 including those in a bargaining unit, and to layoff those

2 employees upon 14 days written notice to the affected 
3 employees. Those
contracts may be for a period not to 
4 exceed 5 years and may be awarded on a
system-wide basis. 
5 The board may not operate more than 30 contract schools, 
6 provided that the board may operate an additional 5 
7 contract turnaround schools pursuant to item (5.5) of 
8 subsection (d) of Section 34-8.3 of this Code, and the 
9 governing bodies of contract schools are subject to the 
10 Freedom of Information Act and Open Meetings Act;

11  31. To promulgate rules establishing procedures 
12 governing the layoff or
reduction in force of employees 
13 and the recall of such employees, including,
but not 
14 limited to, criteria for such layoffs, reductions in force 
15 or recall
rights of such employees and the weight to be 
16 given to any particular
criterion. Such criteria shall 
17 take into account factors, including, but not
limited to, 
18 qualifications, certifications, experience, performance 
19 ratings or
evaluations, and any other factors relating to 
20 an employee's job performance;

21  32. To develop a policy to prevent nepotism in the 
22 hiring of personnel
or the selection of contractors;

23  33. (Blank); and

24  34. To establish a Labor Management Council to the 
25 board
comprised of representatives of the board, the chief 
26 executive
officer, and those labor organizations that are 
 
 
10300HB3817sam002- 577 -LRB103 30519 JDS 62533 a


1 the exclusive
representatives of employees of the board 
2 and to promulgate
policies and procedures for the 
3 operation of the Council.

4 The specifications of the powers herein granted are not to 
5be
construed as exclusive, but the board shall also exercise 
6all other
powers that may be requisite or proper for the 
7maintenance and the
development of a public school system, not 
8inconsistent with the other
provisions of this Article or 
9provisions of this Code which apply to all
school districts.

10 In addition to the powers herein granted and authorized to 
11be exercised
by the board, it shall be the duty of the board to 
12review or to direct
independent reviews of special education 
13expenditures and services.
The board shall file a report of 
14such review with the General Assembly on
or before May 1, 1990.

15(Source: P.A. 101-12, eff. 7-1-19; 101-88, eff. 1-1-20; 
16102-465, eff. 1-1-22; 102-558, eff. 8-20-21; 102-894, eff. 
175-20-22.)





18 (105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3)



19 Sec. 34-21.3. Contracts. The board shall by record vote 
20let all
contracts (other than those excepted
by Section 
2110-20.21 of this The School Code) for supplies, materials,
or 
22work, and contracts with private carriers for transportation

23of pupils, involving an expenditure in excess of $35,000 
24$25,000 or a lower amount as required by board policy by 
25competitive
bidding as provided in Section 10-20.21 of this 
 
 
10300HB3817sam002- 578 -LRB103 30519 JDS 62533 a


1The School Code.

2 The board may delegate to the general superintendent of 
3schools, by
resolution, the authority to approve contracts in 
4amounts of $35,000 $25,000 or
less.

5 For a period of one year from and after the expiration or 
6other termination
of his or her term of office as a member of 
7the board: (i) the former board
member shall not be eligible 
8for employment nor be employed by the board, a
local school 
9council, an attendance center, or any other
subdivision or 
10agent of the board or the school district governed by the 
11board,
and (ii) neither the board nor the chief purchasing 
12officer shall let or
delegate
authority to let any contract 
13for
services, employment, or other work to the former board 
14member or to any
corporation,
partnership, association, sole 
15proprietorship, or other entity other than
publicly traded 
16companies from which the
former board member receives an 
17annual income, dividends, or other compensation
in excess of 
18$1,500. Any contract that is entered into by or under a

19delegation of authority from the board or the chief purchasing 
20officer shall
contain a
provision stating that
the contract is 
21not legally binding on the board if entered into in violation

22of the provisions of this paragraph.

23 In addition, the State Board of Education, in consultation 
24with the board,
shall (i) review existing conflict of interest 
25and disclosure laws or
regulations that are applicable to the 
26executive officers and governing boards
of school districts 
 
 
10300HB3817sam002- 579 -LRB103 30519 JDS 62533 a


1organized under this Article and school districts
generally, 
2(ii) determine what additional disclosure and conflict of 
3interest
provisions would enhance the reputation and fiscal 
4integrity of the board and
the procedure under which contracts 
5for goods and services are let, and (iii)
develop appropriate 
6reporting forms and procedures applicable to the executive

7officers, governing board, and other officials of the school 
8district.

9(Source: P.A. 95-990, eff. 10-3-08.)


10
ARTICLE 85. 


11 Section 85-5. The Election Code is amended by changing 
12Section 13-10 as follows:



13 (10 ILCS 5/13-10) (from Ch. 46, par. 13-10)



14 Sec. 13-10. The compensation of the judges of all 
15primaries and all
elections, except judges supervising vote by 
16mail ballots as provided in
Section 19-12.2 of this Act, in 
17counties of less than 600,000
inhabitants shall be fixed by 
18the respective county boards or boards of
election 
19commissioners in all counties and municipalities, but in no 
20case
shall such compensation be less than $35 per day. The

21compensation of judges of all primaries and all elections not 
22under the
jurisdiction of the county clerk, except judges 
23supervising vote by mail balloting
as provided in Section 
 
 
10300HB3817sam002- 580 -LRB103 30519 JDS 62533 a


119-12.2 of this Act, in counties having a population of

22,000,000 or more shall be not less than $60 per day. The

3compensation of judges of all primaries and all elections 
4under the
jurisdiction of the county clerk, except judges 
5supervising vote by mail
balloting as provided in Section 
619-12.2 of this Act, in counties having a
population of 
72,000,000 or more shall be not less than $60 per day. The 
8compensation of judges of all primaries and all elections,

9except judges supervising vote by mail ballots as provided in 
10Section 19-12.2 of
this Act, in counties having a population 
11of at least 600,000 but less than
2,000,000 inhabitants shall 
12be not less than $45 per day
as
fixed by the county board of 
13election commissioners of each such county. In
addition to 
14their per day compensation and notwithstanding the limitations

15thereon stated herein, the judges of election, in all counties 
16with a
population of less than 600,000, shall be paid $3 each 
17for each 100 voters or
portion thereof, in excess of 200 voters 
18voting for candidates in the election
district or precinct 
19wherein the judge is serving, whether a primary or an
election 
20is being held. However, no such extra compensation shall be 
21paid to
the judges of election in any precinct in which no 
22paper ballots are counted by
such judges of election. The 2 
23judges of election in counties having a
population of less 
24than 600,000 who deliver the returns to the county clerk
shall 
25each be allowed and paid a sum to be determined by the election 
26authority
for such services and an additional sum per mile to 
 
 
10300HB3817sam002- 581 -LRB103 30519 JDS 62533 a


1be determined by the
election authority for every mile 
2necessarily travelled in going to and
returning from the 
3office or place to which they deliver the returns. The

4compensation for mileage shall be consistent with current 
5rates paid for
mileage to employees of the county.

6 However, all judges who have been certified by the County 
7Clerk or Board of
Election Commissioners as having 
8satisfactorily completed, within the 2 years
preceding the day 
9of election, the training course for judges of election, as

10provided in Sections 13-2.1, 13-2.2 and 14-4.1 of this Act, 
11shall receive
additional compensation of not less than $10 per 
12day in
counties of less than 600,000 inhabitants, the 
13additional compensation of not
less than $10 per day in 
14counties having a population of
at
least 600,000 but less than 
152,000,000 inhabitants as fixed by the county board
of election 
16commissioners of each such county, and additional compensation 
17of
not less than $20 per day in counties having a population
of 
182,000,000 or more for primaries and elections not under the

19jurisdiction of the county clerk, and additional compensation 
20of not less
than $20 per day in counties having a population of

212,000,000 or more for primaries and elections under the 
22jurisdiction of the
county clerk.

23 In precincts in which there are tally judges, the 
24compensation of the
tally judges shall be 2/3 of that of the 
25judges of election and each
holdover judge shall be paid the 
26compensation of a judge of election
plus that of a tally judge.

 
 
10300HB3817sam002- 582 -LRB103 30519 JDS 62533 a


1 Beginning on the effective date of this amendatory Act of 
21998, the portion
of an election judge's daily compensation 
3reimbursed by the State Board of
Elections is increased by

4$15.
The increase provided by this amendatory Act of 1998 must 
5be used
to increase each judge's compensation and may not be 
6used by the county to
reduce its portion of a judge's 
7compensation.

8 Beginning on the effective date of this amendatory Act of 
9the 95th General Assembly, the portion of an election judge's 
10daily compensation reimbursement by the State Board of 
11Elections is increased by an additional $20. The increase 
12provided by this amendatory Act of the 95th General Assembly 
13must be used to increase each judge's compensation and may not 
14be used by the election authority or election jurisdiction to 
15reduce its portion of a judge's compensation.

16 Beginning on the effective date of this amendatory Act of 
17the 103rd General Assembly, the portion of an election judge's 
18daily compensation reimbursement by the State Board of 
19Elections is increased by an additional $20.
The increase 
20provided by this amendatory Act of the 103rd General Assembly 
21must be used to increase each judge's compensation and may not 
22be used by the election authority or election jurisdiction to 
23reduce its portion of a judge's compensation. 
24(Source: P.A. 98-1171, eff. 6-1-15.)


25
ARTICLE 90. 


 
 
10300HB3817sam002- 583 -LRB103 30519 JDS 62533 a


1 Section 90-5. The Reimagine Public Safety Act is amended 
2by changing Sections 35-10, 35-15, 35-25, 35-30, 35-35, 35-40 
3and 35-50 as follows:

4 (430 ILCS 69/35-10)

5 Sec. 35-10. Definitions. As used in this Act:
6 "Approved technical assistance and training provider" 
7means an organization that has experience in improving the 
8outcomes of local community-based organizations by providing 
9supportive services that address the gaps in their resources 
10and knowledge about content-based work or provide support and 
11knowledge about the administration and management of 
12organizations, or both. Approved technical assistance and 
13training providers as defined in this Act are intended to 
14assist community organizations with evaluating the need for 
15evidence-based violence prevention services, promising 
16violence prevention programs, starting up programming, and 
17strengthening the quality of existing programming.
18 "Community" or "communities" means, for municipalities 
19with a 1,000,000 or more population in Illinois, the 77 
20designated neighborhood areas defined by the University of 
21Chicago Social Science Research Committee as amended in 1980. 
22 "Concentrated firearm violence" means the 10 most violent 
23communities in Illinois municipalities with 1,000,000 or more 
24residents and the 10 most violent municipalities with less 
 
 
10300HB3817sam002- 584 -LRB103 30519 JDS 62533 a


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

25 "Evidence-based violence prevention services" means 
26coordinated programming and services that may include, but are 
 
 
10300HB3817sam002- 585 -LRB103 30519 JDS 62533 a


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

26(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21; 
 
 
10300HB3817sam002- 586 -LRB103 30519 JDS 62533 a


1102-687, eff. 12-17-21.)

2 (430 ILCS 69/35-15)

3 Sec. 35-15. Findings. The Illinois General Assembly finds 
4that:
5  (1) Discrete neighborhoods in municipalities across 
6 Illinois are experiencing concentrated and perpetual 
7 firearm violence that is a public health epidemic.
8  (2) Within neighborhoods experiencing this firearm 
9 violence epidemic, violence is concentrated among teens 
10 and young adults that have chronic exposure to the risk of 
11 violence and criminal legal system involvement and related 
12 trauma in small geographic areas where these young people 
13 live or congregate. 
14  (3) Firearm violence victimization and perpetration is 
15 highly concentrated in particular neighborhoods, 
16 particular blocks within these neighborhoods, and among a 
17 small number of individuals living in these areas.
18  (4) People who are chronically exposed to the risk of 
19 firearm violence victimization are substantially more 
20 likely to be violently injured or violently injure another 
21 person. People who have been violently injured are 
22 substantially more likely to be violently reinjured. 
23 Chronic exposure to violence additionally leads 
24 individuals to engage in behavior, as part of a cycle of 
25 community violence, trauma, and retaliation that 
 
 
10300HB3817sam002- 587 -LRB103 30519 JDS 62533 a


1 substantially increases their own risk of violent injury 
2 or reinjury.
3  (5) Evidence-based programs that engage individuals at 
4 the highest risk of firearm violence and provide life 
5 stabilization, case management, and culturally competent 
6 group and individual therapy reduce firearm violence 
7 victimization and perpetration and can end Illinois' 
8 firearm violence epidemic.
9  (6) A public health approach to ending Illinois' 
10 firearm violence epidemic requires targeted, integrated 
11 behavioral health services and economic opportunity that 
12 promotes self-sufficiency for victims of firearm violence 
13 and those with chronic exposure to the risk of firearm 
14 violence victimization, including, but not limited to, 
15 services for criminal and juvenile justice-involved 
16 populations and crisis response services, such as 
17 psychological first aid.
18  (7) A public health approach to ending Illinois' 
19 firearm violence epidemic further requires broader 
20 preventive investments in the census tracts and blocks 
21 that reduce risk factors for youth and families living in 
22 areas at the highest risk of firearm violence 
23 victimization.
24  (8) A public health approach to ending Illinois' 
25 firearm violence epidemic requires empowering residents 
26 and community-based organizations within impacted 
 
 
10300HB3817sam002- 588 -LRB103 30519 JDS 62533 a


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

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

19 (430 ILCS 69/35-25)

20 Sec. 35-25. Integrated violence prevention and other 
21services. 
22 (a) Subject to appropriation, for municipalities with 
231,000,000 or more residents, the Office of Firearm Violence 
24Prevention shall make grants to violence prevention 
25organizations for evidence-based violence prevention services. 
 
 
10300HB3817sam002- 589 -LRB103 30519 JDS 62533 a


1Approved technical assistance and training providers shall 
2create learning communities for the exchange of information 
3between community-based organizations in the same or similar 
4fields. Firearm violence prevention organizations shall 
5prioritize individuals at the highest risk of firearm violence 
6victimization and provide these individuals with 
7evidence-based comprehensive services that reduce their 
8exposure to chronic firearm violence.
9 (a-5) Grants may be awarded under this Act to Reimagine

10Public Safety grantees or their subgrantees to provide any one 
11or more of the following services to Reimagine Public Safety 
12program participants or credible messengers: 
13  (1) Behavioral health services, including clinical

14 interventions, crisis interventions, and group counseling

15 supports, such as peer support groups, social-emotional

16 learning supports, including skill building for anger

17 management, de-escalation, sensory stabilization, coping

18 strategies, and thoughtful decision-making, short-term

19 clinical individual sessions, psycho-social assessments, 
20 and motivational interviewing. 
21   (A) Funds awarded under this paragraph may be used 
22 for behavioral health services until July 1, 2024. 
23   (B) Any community violence prevention service 
24 provider being reimbursed from funds awarded under 
25 this paragraph for behavioral health services must 
26 also file a plan to become Medicaid certified for 
 
 
10300HB3817sam002- 590 -LRB103 30519 JDS 62533 a


1 violence prevention-community support team services 
2 under the Illinois Medicaid program on or before July 
3 1, 2024. 
4  (2) Capacity-building services, including

5 administrative and programmatic support, services, and

6 resources, such as subcontract development, budget

7 development, grant monitoring and reporting, and fiscal

8 sponsorship. Capacity-building services financed with

9 grants awarded under this Act may also include intensive

10 training and technical assistance focused on Community

11 Violence Intervention (CVI) not-for-profit business

12 operations, best practice delivery of firearm violence

13 prevention services, and assistance with administering and

14 meeting fiscal reporting or auditing requirements.

15 Capacity-building services financed with grants awarded

16 under this Act must be directed to a current or potential

17 Reimagine Public Safety firearm violence prevention

18 provider and cannot exceed 20% of potential funds awarded

19 to the relevant provider or future provider. 
20  (3) Legal aid services, including funding for staff

21 attorneys and paralegals to provide education, training,

22 legal services, and advocacy for program recipients. Legal

23 aid services that may be provided with grant funds awarded

24 under this Act include "Know Your Rights" clinics,

25 trainings targeting returning citizens and families

26 impacted by incarceration, and long-term legal efforts 
 
 
10300HB3817sam002- 591 -LRB103 30519 JDS 62533 a


1 addressing expungement, civil rights, family law, housing,

2 employment, and victim rights. Legal aid services provided

3 with grant funds awarded under this Act shall not be

4 directed toward criminal justice issues. 
5  (4) Housing services, including grants for emergency

6 and temporary housing for individuals at immediate risk of

7 firearm violence, except that grant funding provided under

8 this paragraph must be directed only toward Reimagine

9 Public Safety program participants. 
10  (5) Workforce development services, including grants

11 for job coaching, intensive case management, employment

12 training and placement, and retention services, including

13 the provision of transitional job placements and access to

14 basic certificate training for industry-specific jobs.

15 Training also includes the provision of education-related

16 content, such as financial literacy training, GED 
17 preparation, and academic coaching. 
18  (6) Re-entry services for individuals exiting the

19 State or county criminal justice systems, if those

20 individuals are either eligible for services under this

21 Act as participants or are individuals who can make an

22 immediate contribution to mediate neighborhood conflicts

23 if they receive stabilizing services. Re-entry services

24 financed with grants awarded under this Act include all

25 services authorized under this Act, including services

26 listed in this subsection. 
 
 
10300HB3817sam002- 592 -LRB103 30519 JDS 62533 a


1  (7) Victim services, including assessments and

2 screening of victim needs, planning sessions related to 
3 assessments, service planning and goal setting, assessing

4 intervention needs, notifying and navigating participants

5 through public agency processes for victim compensation, 
6 crisis intervention, emergency financial assistance,

7 transportation, medical care, stable housing, and shelter,

8 assessment and linkage to public benefits, and relocation

9 services. 
10 (b) In the geographic areas they serve, violence Violence 
11prevention organizations shall develop the following expertise 
12in the geographic areas that they cover:
13  (1) Analyzing and leveraging data to identify the 
14 individuals who will most benefit from evidence-based 
15 violence prevention services in their geographic areas.
16  (2) Identifying the conflicts that are responsible for 
17 recurring violence.
18  (3) Having relationships with individuals who are most 
19 able to reduce conflicts.
20  (4) Addressing the stabilization and trauma recovery 
21 needs of individuals impacted by violence by providing 
22 direct services for their unmet needs or referring them to 
23 other qualified service providers.

24  (5) Having and building relationships with community 
25 members and community organizations that provide 
26 evidence-based violence prevention services and get 
 
 
10300HB3817sam002- 593 -LRB103 30519 JDS 62533 a


1 referrals of people who will most benefit from 
2 evidence-based violence prevention services in their 
3 geographic areas.

4  (6) Providing training and technical assistance to 
5 local law enforcement agencies to improve their 
6 effectiveness without having any role, requirement, or 
7 mandate to participate in the policing, enforcement, or 
8 prosecution of any crime. 
9 (c) Violence prevention organizations receiving grants 
10under this Act shall coordinate services with other violence 
11prevention organizations in their area.
12 (d) The Office of Firearm Violence Prevention shall 
13identify, for each separate eligible service area under this 
14Act, an experienced violence prevention organization to serve 
15as the Lead Violence Prevention Convener for that area and 
16provide each Lead Violence Prevention Convener with a grant of 
17up to $100,000 to these organizations to coordinate monthly 
18meetings between violence prevention organizations and youth 
19development organizations under this Act. The Lead Violence 
20Prevention Convener may also receive, from the Office of 
21Firearm Violence Prevention, technical assistance or training 
22through approved providers when needs are jointly identified. 
23The Lead Violence Prevention Convener shall:
24  (1) provide the convened organizations with summary 
25 notes recommendations made at the monthly meetings to 
26 improve the effectiveness of evidence-based violence 
 
 
10300HB3817sam002- 594 -LRB103 30519 JDS 62533 a


1 prevention services based on review of timely data on 
2 shootings and homicides in his or her relevant 
3 neighborhood;
4  (2) attend monthly meetings where the cause of 
5 violence and other neighborhood disputes is discussed and 
6 strategize on how to resolve ongoing conflicts and execute 
7 on agreed plans;
8  (3) (blank);
9  (4) on behalf of the convened organizations, make 
10 consensus recommendations to the Office of Firearm 
11 Violence Prevention and local law enforcement on how to 
12 reduce violent conflict in his or her neighborhood;
13  (5) meet on an emergency basis when conflicts that 
14 need immediate attention and resolution arise;
15  (6) share knowledge and strategies of the community 
16 violence dynamic in monthly meetings with local youth 
17 development specialists receiving grants under this Act; 
18  (7) select when and where needed an approved Office of 
19 Violence Prevention-funded technical assistance and 
20 training service provider to receive agreed upon services; 
21 and 
22  (8) after meeting with community residents and other 
23 community organizations that have expertise in housing, 
24 mental health, economic development, education, and social 
25 services, make recommendations to the Office of Firearm 
26 Violence Prevention on how to target community 
 
 
10300HB3817sam002- 595 -LRB103 30519 JDS 62533 a


1 revitalization resources available from federal and State 
2 funding sources. 
3 The Office of Firearm Violence Prevention shall compile 
4recommendations from all Lead Violence Prevention Conveners 
5and report to the General Assembly bi-annually on these 
6funding recommendations. The Lead Violence Prevention Convener 
7may also serve as a violence prevention or youth development 
8provider.
9 (e) The Illinois Office of Firearm Violence Prevention 
10shall select, when possible and appropriate, no fewer than 2 
11and no more than 3 approved technical assistance and training 
12providers to deliver technical assistance and training to the 
13violence prevention organizations that request to receive 
14approved technical assistance and training. Violence 
15prevention organizations shall have the opportunity complete 
16authority to select among the approved technical assistance 
17services providers funded by the Office of Firearm Violence 
18Prevention, as long as the technical assistance provider has 
19the capacity to effectively serve the grantees that have 
20selected them. The Department shall make best efforts to 
21accommodate second choices of violence prevention 
22organizations when the violence prevention organizations' 
23first choice does not have capacity to provide technical 
24assistance. 
25 (f) Approved technical assistance and training providers 
26may:
 
 
10300HB3817sam002- 596 -LRB103 30519 JDS 62533 a


1  (1) provide training and certification to violence 
2 prevention professionals on how to perform violence 
3 prevention services and other professional development to 
4 violence prevention professionals.
5  (2) provide management training on how to manage 
6 violence prevention professionals;

7  (3) provide training and assistance on how to develop 
8 memorandum of understanding for referral services or 
9 create approved provider lists for these referral 
10 services, or both;
11  (4) share lessons learned among violence prevention 
12 professionals and service providers in their network; and
13  (5) provide technical assistance and training on human 
14 resources, grants management, capacity building, and 
15 fiscal management strategies. 
16 (g) Approved technical assistance and training providers 
17shall:
18  (1) provide additional services identified as 
19 necessary by the Office of Firearm Violence Prevention and 
20 service providers in their network; and 
21  (2) receive a base grant of up to $250,000 plus 
22 negotiated service rates to provide group and 
23 individualized services to participating violence 
24 prevention organizations.
25 (h) (Blank). 
26 (i) The Office of Firearm Violence Prevention shall issue 
 
 
10300HB3817sam002- 597 -LRB103 30519 JDS 62533 a


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

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

23 (430 ILCS 69/35-30)

24 Sec. 35-30. Integrated youth services. 
25 (a) Subject to appropriation, for municipalities with 
 
 
10300HB3817sam002- 598 -LRB103 30519 JDS 62533 a


11,000,000 or more residents, the Office of Firearm Violence 
2Prevention shall make grants to youth development 
3organizations for evidence-based youth programming, including, 
4but not limited to, after-school and summer programming. 
5Evidence-based youth development programs shall provide 
6services to teens that increase their school attendance, and 
7school performance and to teens or young adults that , reduce 
8involvement in the criminal and juvenile justice systems, 
9develop employment and life skills, and develop nonacademic 
10interests that build social emotional persistence and 
11intelligence. 
12 (b) The Office of Firearm Violence Prevention shall 
13identify municipal blocks where more than 35% of all fatal and 
14nonfatal firearm-shot incidents take place and focus youth 
15development service grants to residents of these identified 
16blocks in the designated eligible service areas. The 
17Department of Human Services shall prioritize funding to youth 
18development service programs that serve the following teens 
19before expanding services to the broader community:
20  (1) criminal and juvenile justice-involved youth;
21  (2) students who are attending or have attended option 
22 schools;
23  (3) family members of individuals working with 
24 violence prevention organizations; and
25  (4) youth living on the blocks where more than 35% of 
26 the violence takes place in a neighborhood.
 
 
10300HB3817sam002- 599 -LRB103 30519 JDS 62533 a


1 (c) Each program participant enrolled in a youth 
2development program under this Act, when possible and 
3appropriate, shall receive an individualized needs assessment 
4to determine if the participant requires intensive youth 
5services as provided for in Section 35-35 of this Act. The 
6needs assessment should be the best available instrument that 
7considers the physical and mental condition of each youth 
8based on the youth's family ties, financial resources, past 
9substance use, criminal justice involvement, and trauma 
10related to chronic exposure to firearm violence behavioral 
11health assessment to determine the participant's broader 
12support and mental health needs. The Office of Firearm 
13Violence Prevention shall determine best practices for 
14referring program participants who are at the highest risk of 
15violence and justice involvement to be referred to a high-risk 
16youth intervention program established in Section 35-35.
17 (d) Youth development prevention program participants 
18shall receive services designed to empower participants with 
19the social and emotional skills necessary to forge paths of 
20healthy development and disengagement from high-risk 
21behaviors. Within the context of engaging social, physical, 
22and personal development activities, participants should build 
23resilience and the skills associated with healthy social, 
24emotional, and identity development.
25 (e) Youth development providers shall develop the 
26following expertise in the geographic areas they cover:
 
 
10300HB3817sam002- 600 -LRB103 30519 JDS 62533 a


1  (1) Knowledge of the teens and their social 
2 organization in the blocks they are designated to serve. 
3  (2) Youth development organizations receiving grants 
4 under this Act shall be required to coordinate services 
5 with other youth development organizations in their 
6 neighborhood by sharing lessons learned in monthly 
7 meetings.
8  (3) (Blank).
9  (4) Meeting on an emergency basis when conflicts 
10 related to program participants that need immediate 
11 attention and resolution arise.
12  (5) Sharing knowledge and strategies of the 
13 neighborhood violence dynamic in monthly meetings with 
14 local violence prevention organizations receiving grants 
15 under this Act. 
16  (6) Selecting an approved technical assistance and 
17 training service provider to receive agreed upon services. 
18 (f) The Illinois Office of Firearm Violence Prevention 
19shall select, when possible and appropriate, no fewer than 2 
20and no more than 3 approved technical assistance and training 
21providers to deliver technical assistance and training to the 
22youth development organizations that request to receive 
23approved technical assistance and training. Youth development 
24organizations must use an approved technical assistance and 
25training provider and can choose among approved technical 
26assistance providers as long as the technical assistance 
 
 
10300HB3817sam002- 601 -LRB103 30519 JDS 62533 a


1provider has the capacity to effectively serve the youth 
2development organizations that have selected them. The 
3Department shall make best efforts to accommodate second 
4choices of youth development organizations when the youth 
5development organization's violence prevention first choice 
6does not have capacity to provide technical assistance but 
7have complete authority to select among the approved technical 
8assistance services providers funded by the Office of Firearm 
9Violence Prevention. 
10 (g) Approved technical assistance and training providers 
11may:
12  (1) provide training to youth development workers on 
13 how to perform outreach services;
14  (2) provide management training on how to manage youth 
15 development workers;
16  (3) provide training and assistance on how to develop 
17 memorandum of understanding for referral services or 
18 create approved provider lists for these referral 
19 services, or both;
20  (4) share lessons learned among youth development 
21 service providers in their network; and
22  (5) provide technical assistance and training on human 
23 resources, grants management, capacity building, and 
24 fiscal management strategies. 
25 (h) Approved technical assistance and training providers 
26shall:
 
 
10300HB3817sam002- 602 -LRB103 30519 JDS 62533 a


1  (1) provide additional services identified as 
2 necessary by the Office of Firearm Violence Prevention and 
3 youth development service providers in their network; and 
4  (2) receive an annual base grant of up to $250,000 
5 plus negotiated service rates to provide group and 
6 individualized services to participating youth development 
7 service organizations.
8 (i) (Blank). 
9 (j) The Office of Firearm Violence Prevention shall issue 
10youth development services grants, when possible and 
11appropriate, to no fewer than 4 youth services organizations 
12in each of the eligible service areas and no more than 8 
13organizations. When possible, the Office of Firearm Violence 
14Prevention shall work, subject to eligible applications 
15received, to ensure that grant resources are equitably 
16distributed across eligible service areas grants shall be for 
17no less than $300,000 per youth development organization. The 
18Office of Firearm Violence Prevention may establish award 
19ranges to ensure grants will have the potential to reduce 
20violence in each neighborhood.
21 (k) No youth development organization can serve more than 
223 eligible service areas unless the Office of Firearm Violence 
23Prevention is unable to identify youth development 
24organizations to provide adequate coverage.
25 (l) No approved technical assistance and training provider 
26shall provide youth development services in any neighborhood 
 
 
10300HB3817sam002- 603 -LRB103 30519 JDS 62533 a


1under this Act. 

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

3 (430 ILCS 69/35-35)

4 Sec. 35-35. Intensive youth intervention services. 
5 (a) Subject to appropriation, for municipalities with 
61,000,000 or more residents, the Office of Firearm Violence 
7Prevention shall issue grants to high-risk youth intervention 
8organizations for evidence-based intervention services that 
9reduce involvement in the criminal and juvenile justice 
10system, increase school attendance, and refer high-risk teens 
11into therapeutic programs that address trauma recovery and 
12other mental health improvements. Each program participant 
13enrolled in a high-risk youth intervention program under this 
14Act shall receive a nationally recognized comprehensive mental 
15health assessment delivered by a qualified mental health 
16professional certified to provide services to Medicaid 
17recipients.
18 (b) High-risk youth intervention program participants 
19shall receive needed services as determined by the 
20individualized assessment which may include, but is not 
21limited to:
22  (1) receive group-based emotional regulation therapy 
23 that helps them control their emotions and understand how 
24 trauma and stress impacts their thinking and behavior; and 
25  (2) have youth advocates that accompany them to their 
 
 
10300HB3817sam002- 604 -LRB103 30519 JDS 62533 a


1 group therapy sessions, assist them with issues that 
2 prevent them from attending school, and address life 
3 skills development activities through weekly coaching.
4 (b-5) High-risk youth intervention service organizations 
5shall have trained clinical staff managing the youth advocate 
6interface with program participants.
7 (c) Youth development service organizations and providers 
8of evidence-based violence prevention services shall be 
9assigned to the youth intervention service providers for 
10referrals by the Office of Firearm Violence Prevention. 
11 (d) The youth receiving intervention services who are 
12evaluated to need trauma recovery and other behavioral health 
13interventions and who have the greatest risk of firearm 
14violence victimization shall be referred to the family systems 
15intervention services established in Section 35-55.
16 (e) The Office of Firearm Violence Prevention shall issue 
17high-risk youth intervention grants, when possible and 
18appropriate, to no less than 2 youth intervention 
19organizations and no more than 4 organizations in 
20municipalities with 1,000,000 or more residents.
21 (f) No high-risk youth intervention organization can serve 
22more than 13 eligible service areas. 
23 (g) The approved technical assistance and training 
24providers for youth development programs provided in 
25subsection (d) of Section 35-30 shall also provide technical 
26assistance and training to the affiliated high-risk youth 
 
 
10300HB3817sam002- 605 -LRB103 30519 JDS 62533 a


1intervention service providers. 
2 (h) (Blank). 

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

4 (430 ILCS 69/35-40)

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

25  (2) the per capita rate of fatal and nonfatal firearms 
 
 
10300HB3817sam002- 606 -LRB103 30519 JDS 62533 a


1 victims, excluding self-inflicted incidents, in a 
2 potential municipality over the 5-year period considered 
3 for eligibility;
and 
4  (3) the total potential firearms violence reduction 
5 benefit for the entire State of Illinois by serving the 
6 additional municipalities compared to the total benefit of 
7 investing in all other municipalities identified for 
8 grants to municipalities with more than 35,000 residents 
9 and less than 1,000,000 residents.

10 (b) Resources for each of these areas shall be distributed 
11based on a formula to be developed by the Office of Firearm 
12Violence Prevention that will maximize the total potential 
13reduction in firearms victimization for all municipalities 
14receiving grants under this Act.
15 (c) The Office of Firearm Violence Prevention shall create 
16local advisory councils for each of the designated service 
17areas for the purpose of obtaining recommendations on how to 
18distribute funds in these areas to reduce firearm violence 
19incidents. Local advisory councils shall have a minimum of 5 
20members with the following expertise or experience:
21  (1) a representative of a nonelected official in local 
22 government from the designated area;
23  (2) a representative of an elected official at the 
24 local or state level for the area;
25  (3) a representative with public health experience in 
26 firearm violence prevention or youth development;
 
 
10300HB3817sam002- 607 -LRB103 30519 JDS 62533 a


1  (4) two residents of the subsection of each area with 
2 the most concentrated firearm violence incidents; and 
3  (5) additional members as determined by the individual 
4 local advisory council. 
5 (d) The Office of Firearm Violence Prevention shall 
6provide data to each local council on the characteristics of 
7firearm violence in the designated area and other relevant 
8information on the physical and demographic characteristics of 
9the designated area. The Office of Firearm Violence Prevention 
10shall also provide best available evidence on how to address 
11the social determinants of health in the designated area in 
12order to reduce firearm violence.
13 (e) Each local advisory council shall make recommendations 
14on how to allocate distributed resources for its area based on 
15information provided to them by the Office of Firearm Violence 
16Prevention, local law enforcement data, and other locally 
17available data.
18 (f) The Office of Firearm Violence Prevention shall 
19consider the recommendations and determine how to distribute 
20funds through grants to community-based organizations and 
21local governments. To the extent the Office of Firearm 
22Violence Prevention does not follow a local advisory council's 
23recommendation on allocation of funds, the Office of Firearm 
24Violence Prevention shall explain in writing why a different 
25allocation of resources is more likely to reduce firearm 
26violence in the designated area.
 
 
10300HB3817sam002- 608 -LRB103 30519 JDS 62533 a


1 (g) Subject to appropriation, the Department of Human 
2Services and the Office of Firearm Violence Prevention shall 
3issue grants to local governmental agencies or community-based 
4organizations, or both, to maximize firearm violence reduction 
5each year. When possible, initial grants shall be named no 
6later than April 1, 2022 and renewed or competitively bid as 
7appropriate in subsequent fiscal years. 
8 (h) Each local advisory council is terminated upon making 
9the recommendations required of it under this Section.

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

11 (430 ILCS 69/35-50)

12 Sec. 35-50. Medicaid trauma recovery services for adults. 
13 (a) The On or before January 15, 2022, the Department of 
14Healthcare and Family Services shall design, subject to seek 
15approval from the United States Department of Health and Human 
16Services, and subject to federal approval and State 
17appropriations for this purpose, implement a team-based model 
18of care system to address trauma recovery from chronic 
19exposure to firearm violence for Illinois adults. On or before 
20October 1, 2023, the Department of Healthcare and Family 
21Services shall seek approval from the United States Department 
22of Health and Human Services to ensure the model of care system 
23may include providers such as community mental health centers, 
24behavioral health clinics, hospitals, and others deemed 
25appropriate by the Department of Healthcare and Family 
 
 
10300HB3817sam002- 609 -LRB103 30519 JDS 62533 a


1Services. 
2 (b) The team-based model of care system shall include, at 
3reimburse for a minimum, of the following services:
4  (1) Outreach services that recruit trauma-exposed 
5 adults into the system and develop supportive 
6 relationships with them based on lived experience in their 
7 communities. Outreach services include both services to 
8 support impacted individuals and group services that 
9 reduce violence between groups that need conflict 
10 resolution. 
11  (2) Case management and community support services 
12 that provide stabilization to individuals recovering from 
13 chronic exposure to firearm violence, including group 
14 cognitive behavior therapy sessions and other 
15 evidence-based interventions that promote behavioral 
16 change.
17  (3) Group and individual therapy that addresses 
18 underlying mental health conditions associated with 
19 post-traumatic stress disorder, depression, anxiety, 
20 substance use disorders, intermittent explosive disorder, 
21 oppositional defiant disorder, attention deficit 
22 hyperactivity disorder, and other mental conditions as a 
23 result of chronic trauma.
24  (4) Services deemed necessary for the effective 
25 integration of paragraphs (1), (2), and (3). 
26 (c) The Department of Healthcare and Family Services is 
 
 
10300HB3817sam002- 610 -LRB103 30519 JDS 62533 a


1authorized to ensure that different types of providers 
2delivering violence prevention services under the model of 
3care operated in a manner consistent with evidence-based and 
4evidence-informed practices. The Department of Healthcare and 
5Family Services shall develop a reimbursement methodologies 
6that account for differences among provider types methodology.
7 (d) On or before October 1, 2023, the Department of 
8Healthcare and Family Services and Department of Human 
9Services shall create and execute a joint Background Check 
10Waiver Process, limiting the disqualifying offenses, for Peer 
11Support Workers who provide such services. 

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

13
ARTICLE 95. 


14 Section 95-1. Short title. This Article may be cited as 
15the Smart Start Illinois Act. References in this Article to 
16"this Act" mean this Article.

17 Section 95-5. Findings.  The General Assembly makes the 
18following findings:
19  (1) Early childhood education and care is an essential 
20 part of our State's economy and infrastructure, providing 
21 the backbone that allows for parents and guardians to seek 
22 and maintain employment in industries across the State.
23  (2) Further, research shows that participation in 
 
 
10300HB3817sam002- 611 -LRB103 30519 JDS 62533 a


1 quality early childhood education and care supports 
2 children's development, serves as a protective factor from 
3 trauma, increases school readiness, lowers future health 
4 care costs, and increases employment options and earnings.
5  (3) The State of Illinois funds early childhood 
6 education programs through the Illinois State Board of 
7 Education and the Department of Human Services for 
8 families seeking services aimed at improving the early 
9 development of children from the prenatal stage to 5 years 
10 of age. Similar programs are also licensed by the 
11 Department of Children and Family Services.
12  (4) These agencies administer evidence-based 
13 home-visiting programs with doula enhancements, Early 
14 Intervention services, the Prevention Initiative program, 
15 the Preschool for All program, and the Child Care 
16 Assistance Program.
17  (5) The cost to provide child care and early learning 
18 in the private market in Illinois is more than parents can 
19 afford, as it is more expensive in many communities than 
20 the cost of annual tuition and fees at a 4-year 
21 postsecondary institution. 
22  (6) Child care providers' revenues are insufficient, 
23 only allowing child care providers to pay minimum wage. 
24 That is less than 98% of all other jobs in the economy.
25  (7) Workforce compensation in other early childhood 
26 programs is also not adequate to attract and retain 
 
 
10300HB3817sam002- 612 -LRB103 30519 JDS 62533 a


1 qualified staff. This problem is especially acute for 
2 those working with infants and toddlers.
3  (8) Illinois faces an early childhood educator 
4 workforce shortage, which stifles and artificially limits 
5 the supply of early childhood programs necessary for 
6 parents and guardians to go to work and school, thereby 
7 stifling economic growth in the State to an estimated cost 
8 of $2,400,000,000 annually. This is especially true for 
9 mothers, who often decide to stay home due to the 
10 exorbitant cost and inaccessibility of care.
11  (9) Illinois also faces a shortage of high-quality 
12 early childhood education and care options in communities 
13 across the State, limiting access to services for 
14 families. The shortage is particularly acute for 
15 infant-toddler care, as there is only capacity for 17.4% 
16 of the State's infants and toddlers within licensed child 
17 care facilities.
18  (10) In recent years, the State of Illinois has 
19 expanded access to the Child Care Assistance Program by 
20 raising the income eligibility threshold and making 
21 program policies more inclusive and has supported provider 
22 sustainability by significantly raising Child Care 
23 Assistance Program reimbursement rates. In addition, the 
24 State of Illinois has invested over $1,000,000,000 in 
25 federal pandemic relief funding in child care service 
26 providers to ensure that they could remain open and serve 
 
 
10300HB3817sam002- 613 -LRB103 30519 JDS 62533 a


1 families and children in their communities during the 
2 COVID-19 pandemic and beyond, and so that staff could 
3 continue to be paid.
4  (11) However, beyond these federal relief funds, 
5 current public levers are unable to sustainably address 
6 the early childhood educator workforce shortage or the 
7 inadequate early childhood education and care supply to 
8 meet parent and guardian needs. Child care providers need 
9 stable, predictable, and sufficient revenues to pay 
10 attractive wages without increasing costs for families. 
11  (12) Any investment to address the early childhood 
12 educator workforce shortage and to support program quality 
13 must be developed and implemented in close partnership 
14 with the educators and child care providers who would be 
15 directly impacted, as has been done to date via the Child 
16 Care Advisory Council, the Illinois Early Learning 
17 Council, Raising Illinois, We, the Village, Birth to Five 
18 Illinois Action Councils, Illinois Child Care for All, 
19 focus groups, and other stakeholder engagement efforts. 
20  (13) Any investment to address the early childhood 
21 educator workforce shortage and to support program quality 
22 must prioritize fiscal accountability and provider 
23 accessibility.
24  (14) Smart Start Illinois is an effort to expand early 
25 childhood education and care services statewide with a 
26 focus on services aimed at the prenatal stage of 
 
 
10300HB3817sam002- 614 -LRB103 30519 JDS 62533 a


1 development through 5 years of age.
2  (15) Smart Start Illinois aims to eliminate preschool 
3 deserts, make quality child care more affordable and 
4 accessible, and increase access to evidence-based 
5 home-visiting services with doula enhancements and Early 
6 Intervention services.

7 Section 95-10. Smart Start Child Care Workforce 
8Compensation Program. 
9 (a) The Department of Human Services shall create and 
10establish the Smart Start Child Care Workforce Compensation 
11Program. The purpose of the Smart Start Child Care Workforce 
12Compensation Program is to invest in early childhood education 
13and care service providers, including, but not limited to, 
14providers participating in the Child Care Assistance Program; 
15to expand the supply of high-quality early childhood education 
16and care; and to create a strong and stable early childhood 
17education and care system with attractive wages, high-quality 
18services, and affordable cost.
19 (b) The purpose of the Smart Start Child Care Workforce 
20Compensation Program is to stabilize community-based early 
21childhood education and care service providers, raise the 
22wages of early childhood educators, and support quality 
23enhancements that can position service providers to 
24participate in other public funding streams, such as Preschool 
25for All, in order to further enhance and expand quality 
 
 
10300HB3817sam002- 615 -LRB103 30519 JDS 62533 a


1service delivery. 
2 (c) Subject to appropriation, the Department of Human 
3Services shall implement the Smart Start Child Care Workforce 
4Compensation Program for eligible licensed day care centers, 
5licensed day care homes, and licensed group day care homes by 
6October 1, 2024, or as soon as practicable, following 
7completion of a planning and transition year. By October 1, 
82025, or as soon as practicable, and for each year thereafter, 
9subject to appropriation, the Department of Human Services 
10shall continue to operate the Smart Start Child Care Workforce 
11Compensation Program annually with all licensed day care 
12centers and licensed day care homes, and licensed group day 
13care homes that meet eligibility requirements. The Smart Start 
14Child Care Workforce Compensation Program shall operate 
15separately from and shall not supplant the Child Care 
16Assistance Program as provided for in Section 9A-11 of the 
17Illinois Public Aid Code.
18 (d) The Department of Human Services shall adopt 
19administrative rules by October 1, 2024, to facilitate 
20administration of the Smart Start Child Care Workforce 
21Compensation Program, including, but not limited to, 
22provisions for program eligibility, the application and 
23funding calculation process, eligible expenses, required wage 
24floors, and requirements for financial and personnel reporting 
25and monitoring requirements. Eligibility and funding 
26provisions shall be based on appropriation and a current model 
 
 
10300HB3817sam002- 616 -LRB103 30519 JDS 62533 a


1of the cost to provide child care services by a licensed child 
2care center or licensed family child care home.

3 Section 95-15. Stakeholder involvement in program 
4development and implementation. The Child Care Advisory 
5Council, or a committee of the Council, with representation 
6from Raising Illinois, We, the Village, Birth to Five Illinois 
7Action Councils, and Illinois Child Care for All, shall 
8convene prior to July 1, 2023, and at least quarterly 
9thereafter through June 30, 2025, to inform the development 
10and implementation of the Smart Start Child Care Workforce 
11Compensation Program.

12 Section 95-900. The Illinois Public Aid Code is amended by 
13changing Section 9A-11 as follows:




14 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)



15 Sec. 9A-11. Child care. 

16 (a) The General Assembly recognizes that families with 
17children need child
care in order to work. Child care is 
18expensive and families with limited access to economic 
19resources low incomes,
including those who are transitioning 
20from welfare to work, often struggle to
pay the costs of day 
21care. The
General Assembly understands the importance of 
22helping low-income working
families with limited access to 
23economic resources become and remain self-sufficient. The 
 
 
10300HB3817sam002- 617 -LRB103 30519 JDS 62533 a


1General Assembly also believes
that it is the responsibility 
2of families to share in the costs of child care.
It is also the 
3preference of the General Assembly that all working poor

4families with limited access to economic resources should be 
5treated equally, regardless of their welfare status.

6 (b) To the extent resources permit, the Illinois 
7Department shall provide
child care services to parents or 
8other relatives as defined by rule who are
working or 
9participating in employment or Department approved
education 
10or training programs. At a minimum, the Illinois Department 
11shall
cover the following categories of families:

12  (1) recipients of TANF under Article IV participating 
13 in work and training
activities as specified in the 
14 personal plan for employment and
self-sufficiency;

15  (2) families transitioning from TANF to work;

16  (3) families at risk of becoming recipients of TANF;

17  (4) families with special needs as defined by rule;

18  (5) working families with very low incomes as defined 
19 by rule;

20  (6) families that are not recipients of TANF and that 
21 need child care assistance to participate in education and 
22 training activities; 
23  (7) youth in care, as defined in Section 4d of the 
24 Children and Family Services Act, who are parents, 
25 regardless of income or whether they are working or 
26 participating in Department-approved employment or 
 
 
10300HB3817sam002- 618 -LRB103 30519 JDS 62533 a


1 education or training programs. Any family that receives 
2 child care assistance in accordance with this paragraph 
3 shall receive one additional 12-month child care 
4 eligibility period after the parenting youth in care's 
5 case with the Department of Children and Family Services 
6 is closed, regardless of income or whether the parenting 
7 youth in care is working or participating in 
8 Department-approved employment or education or training 
9 programs;
10  (8) families receiving Extended Family Support Program 
11 services from the Department of Children and Family 
12 Services, regardless of income or whether they are working 
13 or participating in Department-approved employment or 
14 education or training programs; and
15  (9) families with children under the age of 5 who have 
16 an open intact family services case with the Department of 
17 Children and Family Services. Any family that receives 
18 child care assistance in accordance with this paragraph 
19 shall remain eligible for child care assistance 6 months 
20 after the child's intact family services case is closed, 
21 regardless of whether the child's parents or other 
22 relatives as defined by rule are working or participating 
23 in Department approved employment or education or training 
24 programs. The Department of Human Services, in 
25 consultation with the Department of Children and Family 
26 Services, shall adopt rules to protect the privacy of 
 
 
10300HB3817sam002- 619 -LRB103 30519 JDS 62533 a


1 families who are the subject of an open intact family 
2 services case when such families enroll in child care 
3 services. Additional rules shall be adopted to offer 
4 children who have an open intact family services case the 
5 opportunity to receive an Early Intervention screening and 
6 other services that their families may be eligible for as 
7 provided by the Department of Human Services. 
8 Beginning October 1, 2023, and every October 1 thereafter, 
9the Department of Children and Family Services shall report to 
10the General Assembly on the number of children who received 
11child care via vouchers paid for by the Department of Children 
12and Family Services during the preceding fiscal year. The 
13report shall include the ages of children who received child 
14care, the type of child care they received, and the number of 
15months they received child care. 
16 The Department shall specify by rule the conditions of 
17eligibility, the
application process, and the types, amounts, 
18and duration of services.
Eligibility for
child care benefits 
19and the amount of child care provided may vary based on
family 
20size, income,
and other factors as specified by rule.

21 The Department shall update the Child Care Assistance 
22Program Eligibility Calculator posted on its website to 
23include a question on whether a family is applying for child 
24care assistance for the first time or is applying for a 
25redetermination of eligibility. 
26 A family's eligibility for child care services shall be 
 
 
10300HB3817sam002- 620 -LRB103 30519 JDS 62533 a


1redetermined no sooner than 12 months following the initial 
2determination or most recent redetermination. During the 
312-month periods, the family shall remain eligible for child 
4care services regardless of (i) a change in family income, 
5unless family income exceeds 85% of State median income, or 
6(ii) a temporary change in the ongoing status of the parents or 
7other relatives, as defined by rule, as working or attending a 
8job training or educational program. 
9 In determining income eligibility for child care benefits, 
10the Department
annually, at the beginning of each fiscal year, 
11shall
establish, by rule, one income threshold for each family 
12size, in relation to
percentage of State median income for a 
13family of that size, that makes
families with incomes below 
14the specified threshold eligible for assistance
and families 
15with incomes above the specified threshold ineligible for

16assistance. Through and including fiscal year 2007, the 
17specified threshold must be no less than 50% of the

18then-current State median income for each family size. 
19Beginning in fiscal year 2008, the specified threshold must be 
20no less than 185% of the then-current federal poverty level 
21for each family size. Notwithstanding any other provision of 
22law or administrative rule to the contrary, beginning in 
23fiscal year 2019, the specified threshold for working families 
24with very low incomes as defined by rule must be no less than 
25185% of the then-current federal poverty level for each family 
26size. Notwithstanding any other provision of law or 
 
 
10300HB3817sam002- 621 -LRB103 30519 JDS 62533 a


1administrative rule to the contrary, beginning in State fiscal 
2year 2022 through State fiscal year 2023, the specified
income 
3threshold shall be no less than 200% of the
then-current 
4federal poverty level for each family size. Beginning in State 
5fiscal year 2024, the specified income threshold shall be no 
6less than 225% of the then-current federal poverty level for 
7each family size. 

8 In determining eligibility for
assistance, the Department 
9shall not give preference to any category of
recipients
or 
10give preference to individuals based on their receipt of 
11benefits under this
Code.

12 Nothing in this Section shall be
construed as conferring 
13entitlement status to eligible families.

14 The Illinois
Department is authorized to lower income 
15eligibility ceilings, raise parent
co-payments, create waiting 
16lists, or take such other actions during a fiscal
year as are 
17necessary to ensure that child care benefits paid under this

18Article do not exceed the amounts appropriated for those child 
19care benefits.
These changes may be accomplished by emergency 
20rule under Section 5-45 of the
Illinois Administrative 
21Procedure Act, except that the limitation on the number
of 
22emergency rules that may be adopted in a 24-month period shall 
23not apply.

24 The Illinois Department may contract with other State 
25agencies or child care
organizations for the administration of 
26child care services.

 
 
10300HB3817sam002- 622 -LRB103 30519 JDS 62533 a


1 (c) Payment shall be made for child care that otherwise 
2meets the
requirements of this Section and applicable 
3standards of State and local
law and regulation, including any 
4requirements the Illinois Department
promulgates by rule in 
5addition to the licensure
requirements
promulgated by the 
6Department of Children and Family Services and Fire
Prevention 
7and Safety requirements promulgated by the Office of the State

8Fire Marshal, and is provided in any of the following:

9  (1) a child care center which is licensed or exempt 
10 from licensure
pursuant to Section 2.09 of the Child Care 
11 Act of 1969;

12  (2) a licensed child care home or home exempt from 
13 licensing;

14  (3) a licensed group child care home;

15  (4) other types of child care, including child care 
16 provided
by relatives or persons living in the same home 
17 as the child, as determined by
the Illinois Department by 
18 rule.

19 (c-5)
Solely for the purposes of coverage under the 
20Illinois Public Labor Relations Act, child and day care home 
21providers, including licensed and license exempt, 
22participating in the Department's child care assistance 
23program shall be considered to be public employees and the 
24State of Illinois shall be considered to be their employer as 
25of January 1, 2006 (the effective date of Public Act 94-320), 
26but not before. The State shall engage in collective 
 
 
10300HB3817sam002- 623 -LRB103 30519 JDS 62533 a


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

21 (d) The Illinois Department shall establish, by rule, a 
22co-payment scale that provides for cost sharing by families 
23that receive
child care services, including parents whose only 
24income is from
assistance under this Code. The co-payment 
25shall be based on family income and family size and may be 
26based on other factors as appropriate. Co-payments may be 
 
 
10300HB3817sam002- 624 -LRB103 30519 JDS 62533 a


1waived for families whose incomes are at or below the federal 
2poverty level.

3 (d-5) The Illinois Department, in consultation with its 
4Child Care and Development Advisory Council, shall develop a 
5plan to revise the child care assistance program's co-payment 
6scale. The plan shall be completed no later than February 1, 
72008, and shall include:
8  (1) findings as to the percentage of income that the 
9 average American family spends on child care and the 
10 relative amounts that low-income families and the average 
11 American family spend on other necessities of life;

12  (2) recommendations for revising the child care 
13 co-payment scale to assure that families receiving child 
14 care services from the Department are paying no more than 
15 they can reasonably afford;
16  (3) recommendations for revising the child care 
17 co-payment scale to provide at-risk children with complete 
18 access to Preschool for All and Head Start; and
19  (4) recommendations for changes in child care program 
20 policies that affect the affordability of child care.

21 (e) (Blank).

22 (f) The Illinois Department shall, by rule, set rates to 
23be paid for the
various types of child care. Child care may be 
24provided through one of the
following methods:

25  (1) arranging the child care through eligible 
26 providers by use of
purchase of service contracts or 
 
 
10300HB3817sam002- 625 -LRB103 30519 JDS 62533 a


1 vouchers;

2  (2) arranging with other agencies and community 
3 volunteer groups for
non-reimbursed child care;

4  (3) (blank); or

5  (4) adopting such other arrangements as the Department 
6 determines
appropriate.

7 (f-1) Within 30 days after June 4, 2018 (the effective 
8date of Public Act 100-587), the Department of Human Services 
9shall establish rates for child care providers that are no 
10less than the rates in effect on January 1, 2018 increased by 
114.26%. 
12 (f-5) (Blank).
13 (g) Families eligible for assistance under this Section 
14shall be given the
following options:

15  (1) receiving a child care certificate issued by the 
16 Department or a
subcontractor of the Department that may 
17 be used by the parents as payment for
child care and 
18 development services only; or

19  (2) if space is available, enrolling the child with a 
20 child care provider
that has a purchase of service 
21 contract with the Department or a subcontractor
of the 
22 Department for the provision of child care and development 
23 services.
The Department may identify particular priority 
24 populations for whom they may
request special 
25 consideration by a provider with purchase of service

26 contracts, provided that the providers shall be permitted 
 
 
10300HB3817sam002- 626 -LRB103 30519 JDS 62533 a


1 to maintain a balance
of clients in terms of household 
2 incomes and families and children with special
needs, as 
3 defined by rule.

4(Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21; 
5102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff. 
65-27-22.)


7
ARTICLE 97. 


8 Section 97-5. The Business Corporation Act of 1983 is 
9amended by changing Section 15.35 as follows:



10 (805 ILCS 5/15.35) (from Ch. 32, par. 15.35)



11 (Text of Section from P.A. 102-16)

12 Sec. 15.35. Franchise taxes payable by domestic 
13corporations. For the privilege of exercising its franchises 
14in this State, each
domestic corporation shall pay to the 
15Secretary of State the following
franchise taxes, computed on 
16the basis, at the rates and for the periods
prescribed in this 
17Act:

18  (a) An initial franchise tax at the time of filing its 
19 first report of
issuance of shares.

20  (b) An additional franchise tax at the time of filing 
21 (1) a report of
the issuance of additional shares, or (2) a 
22 report of an increase in paid-in
capital without the 
23 issuance of shares, or (3) an amendment to the articles
of 
 
 
10300HB3817sam002- 627 -LRB103 30519 JDS 62533 a


1 incorporation or a report of cumulative changes in paid-in 
2 capital,
whenever any amendment or such report discloses 
3 an increase in its paid-in
capital over the amount thereof 
4 last reported in any document, other than
an annual 
5 report, interim annual report or final transition annual 
6 report
required by this Act to be filed in the office of 
7 the Secretary of State.

8  (c) An additional franchise tax at the time of filing 
9 a report of paid-in
capital following a statutory merger 
10 or consolidation, which discloses that
the paid-in capital 
11 of the surviving or new corporation immediately after
the 
12 merger or consolidation is greater than the sum of the 
13 paid-in capital
of all of the merged or consolidated 
14 corporations as last reported
by them in any documents, 
15 other than annual reports, required by this Act
to be 
16 filed in the office of the Secretary of State; and in 
17 addition, the
surviving or new corporation shall be liable 
18 for a further additional franchise
tax on the paid-in 
19 capital of each of the merged or consolidated
corporations 
20 as last reported by them in any document, other than an 
21 annual
report, required by this Act to be filed with the 
22 Secretary of State from
their taxable year end to the next 
23 succeeding anniversary month or, in
the case of a 
24 corporation which has established an extended filing 
25 month,
the extended filing month of the surviving or new 
26 corporation; however if
the taxable year ends within the 
 
 
10300HB3817sam002- 628 -LRB103 30519 JDS 62533 a


1 2-month period immediately preceding the
anniversary month 
2 or, in the case of a corporation which has established an

3 extended filing month, the extended filing month of the 
4 surviving or new
corporation the tax will be computed to 
5 the anniversary month or, in the
case of a corporation 
6 which has established an extended filing month, the

7 extended filing month of the surviving or new corporation 
8 in the next
succeeding calendar year.

9  (d) An annual franchise tax payable each year with the 
10 annual report
which the corporation is required by this 
11 Act to file.

12 On or after January 1, 2020 and prior to January 1, 2021, 
13the first $30 in liability is exempt from the tax imposed under 
14this Section. On or after January 1, 2021, and prior to January 
151, 2024, the first $1,000 in liability is exempt from the tax 
16imposed under this Section. On or after January 1, 2024, the 
17first $5,000 in liability is exempt from the tax imposed under 
18this Section. 
19(Source: P.A. 101-9, eff. 6-5-19; 102-16, eff. 6-17-21.)


20 (Text of Section from P.A. 102-282)

21 Sec. 15.35. Franchise taxes payable by domestic 
22corporations. For the privilege of exercising its franchises 
23in this State, each
domestic corporation shall pay to the 
24Secretary of State the following
franchise taxes, computed on 
25the basis, at the rates and for the periods
prescribed in this 
 
 
10300HB3817sam002- 629 -LRB103 30519 JDS 62533 a


1Act:

2  (a) An initial franchise tax at the time of filing its 
3 first report of
issuance of shares.

4  (b) An additional franchise tax at the time of filing 
5 (1) a report of
the issuance of additional shares, or (2) a 
6 report of an increase in paid-in
capital without the 
7 issuance of shares, or (3) an amendment to the articles
of 
8 incorporation or a report of cumulative changes in paid-in 
9 capital,
whenever any amendment or such report discloses 
10 an increase in its paid-in
capital over the amount thereof 
11 last reported in any document, other than
an annual 
12 report, interim annual report or final transition annual 
13 report
required by this Act to be filed in the office of 
14 the Secretary of State.

15  (c) An additional franchise tax at the time of filing 
16 a report of paid-in
capital following a statutory merger 
17 or consolidation, which discloses that
the paid-in capital 
18 of the surviving or new corporation immediately after
the 
19 merger or consolidation is greater than the sum of the 
20 paid-in capital
of all of the merged or consolidated 
21 corporations as last reported
by them in any documents, 
22 other than annual reports, required by this Act
to be 
23 filed in the office of the Secretary of State; and in 
24 addition, the
surviving or new corporation shall be liable 
25 for a further additional franchise
tax on the paid-in 
26 capital of each of the merged or consolidated
corporations 
 
 
10300HB3817sam002- 630 -LRB103 30519 JDS 62533 a


1 as last reported by them in any document, other than an 
2 annual
report, required by this Act to be filed with the 
3 Secretary of State from
their taxable year end to the next 
4 succeeding anniversary month or, in
the case of a 
5 corporation which has established an extended filing 
6 month,
the extended filing month of the surviving or new 
7 corporation; however if
the taxable year ends within the 
8 2-month period immediately preceding the
anniversary month 
9 or, in the case of a corporation which has established an

10 extended filing month, the extended filing month of the 
11 surviving or new
corporation the tax will be computed to 
12 the anniversary month or, in the
case of a corporation 
13 which has established an extended filing month, the

14 extended filing month of the surviving or new corporation 
15 in the next
succeeding calendar year.

16  (d) An annual franchise tax payable each year with the 
17 annual report
which the corporation is required by this 
18 Act to file.

19 On or after January 1, 2020 and prior to January 1, 2021, 
20the first $30 in liability is exempt from the tax imposed under 
21this Section. On or after January 1, 2021 and prior to January 
221, 2024 2022, the first $1,000 in liability is exempt from the 
23tax imposed under this Section. On or after January 1, 2024, 
24the first $5,000 in liability is exempt from the tax imposed 
25under this Section. On or after January 1, 2022 and prior to 
26January 1, 2023, the first $10,000 in liability is exempt from 
 
 
10300HB3817sam002- 631 -LRB103 30519 JDS 62533 a


1the tax imposed under this Section. On or after January 1, 2023 
2and prior to January 1, 2024, the first $100,000 in liability 
3is exempt from the tax imposed under this Section. The 
4provisions of this Section shall not require the payment of 
5any franchise tax that would otherwise have been due and 
6payable on or after January 1, 2024. There shall be no refunds 
7or proration of franchise tax for any taxes due and payable on 
8or after January 1, 2024 on the basis that a portion of the 
9corporation's taxable year extends beyond January 1, 2024. 
10Public Act 101-9 shall not affect any right accrued or 
11established, or any liability or penalty incurred prior to 
12January 1, 2024. 
13 This Section is repealed on December 31, 2024. 
14(Source: P.A. 101-9, eff. 6-5-19; 102-282, eff. 1-1-22.)


15 (Text of Section from P.A. 102-558)

16 Sec. 15.35. Franchise taxes payable by domestic 
17corporations. For the privilege of exercising its franchises 
18in this State, each
domestic corporation shall pay to the 
19Secretary of State the following
franchise taxes, computed on 
20the basis, at the rates and for the periods
prescribed in this 
21Act:

22  (a) An initial franchise tax at the time of filing its 
23 first report of
issuance of shares.

24  (b) An additional franchise tax at the time of filing 
25 (1) a report of
the issuance of additional shares, or (2) a 
 
 
10300HB3817sam002- 632 -LRB103 30519 JDS 62533 a


1 report of an increase in paid-in
capital without the 
2 issuance of shares, or (3) an amendment to the articles
of 
3 incorporation or a report of cumulative changes in paid-in 
4 capital,
whenever any amendment or such report discloses 
5 an increase in its paid-in
capital over the amount thereof 
6 last reported in any document, other than
an annual 
7 report, interim annual report or final transition annual 
8 report
required by this Act to be filed in the office of 
9 the Secretary of State.

10  (c) An additional franchise tax at the time of filing 
11 a report of paid-in
capital following a statutory merger 
12 or consolidation, which discloses that
the paid-in capital 
13 of the surviving or new corporation immediately after
the 
14 merger or consolidation is greater than the sum of the 
15 paid-in capital
of all of the merged or consolidated 
16 corporations as last reported
by them in any documents, 
17 other than annual reports, required by this Act
to be 
18 filed in the office of the Secretary of State; and in 
19 addition, the
surviving or new corporation shall be liable 
20 for a further additional franchise
tax on the paid-in 
21 capital of each of the merged or consolidated
corporations 
22 as last reported by them in any document, other than an 
23 annual
report, required by this Act to be filed with the 
24 Secretary of State from
their taxable year end to the next 
25 succeeding anniversary month or, in
the case of a 
26 corporation which has established an extended filing 
 
 
10300HB3817sam002- 633 -LRB103 30519 JDS 62533 a


1 month,
the extended filing month of the surviving or new 
2 corporation; however if
the taxable year ends within the 
3 2-month period immediately preceding the
anniversary month 
4 or, in the case of a corporation which has established an

5 extended filing month, the extended filing month of the 
6 surviving or new
corporation the tax will be computed to 
7 the anniversary month or, in the
case of a corporation 
8 which has established an extended filing month, the

9 extended filing month of the surviving or new corporation 
10 in the next
succeeding calendar year.

11  (d) An annual franchise tax payable each year with the 
12 annual report
which the corporation is required by this 
13 Act to file.

14 On or after January 1, 2020 and prior to January 1, 2021, 
15the first $30 in liability is exempt from the tax imposed under 
16this Section. On or after January 1, 2021 and prior to January 
171, 2024 2022, the first $1,000 in liability is exempt from the 
18tax imposed under this Section. On or after January 1, 2024, 
19the first $5,000 in liability is exempt from the tax imposed 
20under this Section. On or after January 1, 2022 and prior to 
21January 1, 2023, the first $10,000 in liability is exempt from 
22the tax imposed under this Section. On or after January 1, 2023 
23and prior to January 1, 2024, the first $100,000 in liability 
24is exempt from the tax imposed under this Section. The 
25provisions of this Section shall not require the payment of 
26any franchise tax that would otherwise have been due and 
 
 
10300HB3817sam002- 634 -LRB103 30519 JDS 62533 a


1payable on or after January 1, 2024. There shall be no refunds 
2or proration of franchise tax for any taxes due and payable on 
3or after January 1, 2024 on the basis that a portion of the 
4corporation's taxable year extends beyond January 1, 2024. 
5Public Act 101-9 shall not affect any right accrued or 
6established, or any liability or penalty incurred prior to 
7January 1, 2024. 
8 This Section is repealed on December 31, 2025. 
9(Source: P.A. 101-9, eff. 6-5-19; 102-558, eff. 8-20-21.)


10
Article 98. 


11 Section 98-5. The Illinois Vehicle Code is amended by 
12changing Sections 2-119, 2-123, 3-821, and 6-118 as follows:




13 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)

14 Sec. 2-119. Disposition of fees and taxes. 

15 (a) All moneys received from Salvage Certificates shall be 
16deposited in
the Common School Fund in the State Treasury.

17 (b) Of the money collected for each certificate of title, 
18duplicate certificate of title, and corrected certificate of 
19title:
20  (1) $2.60 shall be deposited in the Park and 
21 Conservation Fund;
22  (2) $0.65 shall be deposited in the Illinois Fisheries 
23 Management Fund;
 
 
10300HB3817sam002- 635 -LRB103 30519 JDS 62533 a


1  (3) $48 shall be disbursed under subsection (g) of 
2 this Section;
3  (4) $4 shall be deposited into the Motor Vehicle 
4 License Plate Fund; and
5  (5) $30 shall be deposited into the Capital Projects 
6 Fund; and .
7  (6) $10 shall be deposited into the Secretary of State 
8 Special Services Fund pursuant to this amendatory Act of 
9 the 103rd General Assembly. 
10 All remaining moneys collected for certificates of title, 
11and all moneys collected for filing of security interests, 
12shall be deposited in the General Revenue Fund.
13 The $20 collected for each delinquent vehicle registration 
14renewal fee shall be deposited into the General Revenue Fund.
15 The moneys deposited in the Park and Conservation Fund 
16under this Section shall be used for the acquisition and 
17development of bike paths as provided for in Section 805-420 
18of the Department of Natural Resources (Conservation) Law of 
19the Civil Administrative Code of Illinois. The moneys 
20deposited into the Park and Conservation Fund under this 
21subsection shall not be subject to administrative charges or 
22chargebacks, unless otherwise authorized by this Code.
23 If the balance in the Motor Vehicle License Plate Fund 
24exceeds $40,000,000 on the last day of a calendar month, then 
25during the next calendar month, the $4 that otherwise would be 
26deposited in that fund shall instead be deposited into the 
 
 
10300HB3817sam002- 636 -LRB103 30519 JDS 62533 a


1Road Fund. 

2 (c) All moneys collected for that portion of a driver's 
3license fee
designated for driver education under Section 
46-118 shall be placed in
the Drivers Education Fund in the 
5State Treasury.

6 (d) Of the moneys collected as a registration fee for each 
7motorcycle, motor driven cycle, and moped, 27% shall be 
8deposited in the Cycle Rider Safety Training Fund.

9 (e) (Blank).

10 (f) Of the total money collected for a commercial 
11learner's permit (CLP) or
original or renewal issuance of a 
12commercial driver's license (CDL)
pursuant to the Uniform 
13Commercial Driver's License Act (UCDLA): (i) $6 of the
total 
14fee for an original or renewal CDL, and $6 of the total CLP fee 
15when such permit is issued to any person holding a
valid 
16Illinois driver's license, shall be paid into the 
17CDLIS/AAMVAnet/NMVTIS
Trust Fund (Commercial Driver's License 
18Information System/American
Association of Motor Vehicle 
19Administrators network/National Motor Vehicle Title 
20Information Service Trust Fund) and shall
be used for the 
21purposes provided in Section 6z-23 of the State Finance Act

22and (ii) $20 of the total fee for an original or renewal CDL or 
23CLP shall be paid
into the Motor Carrier Safety Inspection 
24Fund, which is hereby created as a
special fund in the State 
25Treasury, to be used by
the Illinois State Police, subject to 
26appropriation, to hire additional officers to
conduct motor 
 
 
10300HB3817sam002- 637 -LRB103 30519 JDS 62533 a


1carrier safety
inspections
pursuant to Chapter 18b of this 
2Code.

3 (g) Of the moneys received by the Secretary of State as 
4registration fees or taxes, certificates of title, duplicate 
5certificates of title, corrected certificates of title, or as 
6payment of any other fee under this Code, when those moneys are 
7not otherwise distributed by this Code, 37% shall be deposited 
8into the State Construction Account Fund, and 63% shall be 
9deposited in the Road Fund. Moneys in the Road Fund shall be 
10used for the purposes provided in Section 8.3 of the State 
11Finance Act.

12 (h) (Blank).

13 (i) (Blank).

14 (j) (Blank).

15 (k) There is created in the State Treasury a special fund 
16to be known as
the Secretary of State Special License Plate 
17Fund. Money deposited into the
Fund shall, subject to 
18appropriation, be used by the Office of the Secretary
of State 
19(i) to help defray plate manufacturing and plate processing 
20costs
for the issuance and, when applicable, renewal of any 
21new or existing
registration plates authorized under this Code 
22and (ii) for grants made by the
Secretary of State to benefit 
23Illinois Veterans Home libraries.

24 (l) The Motor Vehicle Review Board Fund is created as a 
25special fund in
the State Treasury. Moneys deposited into the 
26Fund under paragraph (7) of
subsection (b) of Section 5-101 
 
 
10300HB3817sam002- 638 -LRB103 30519 JDS 62533 a


1and Section 5-109 shall,
subject to appropriation, be used by 
2the Office of the Secretary of State to
administer the Motor 
3Vehicle Review Board, including without
limitation payment of 
4compensation and all necessary expenses incurred in

5administering the Motor Vehicle Review Board under the Motor 
6Vehicle Franchise
Act.

7 (m) Effective July 1, 1996, there is created in the State

8Treasury a special fund to be known as the Family 
9Responsibility Fund. Moneys
deposited into the Fund shall, 
10subject to appropriation, be used by the Office
of the 
11Secretary of State for the purpose of enforcing the Family 
12Financial
Responsibility Law.

13 (n) The Illinois Fire Fighters' Memorial Fund is created 
14as a special
fund in the State Treasury. Moneys deposited into 
15the Fund shall, subject
to appropriation, be used by the 
16Office of the State Fire Marshal for
construction of the 
17Illinois Fire Fighters' Memorial to be located at the
State 
18Capitol grounds in Springfield, Illinois. Upon the completion 
19of the
Memorial, moneys in the Fund shall be used in accordance 
20with Section 3-634.

21 (o) Of the money collected for each certificate of title 
22for all-terrain
vehicles and off-highway motorcycles, $17 
23shall be deposited into the
Off-Highway Vehicle Trails Fund.

24 (p) For audits conducted on or after July 1, 2003 pursuant 
25to Section
2-124(d) of this Code, 50% of the money collected as 
26audit fees shall be
deposited
into the General Revenue Fund.

 
 
10300HB3817sam002- 639 -LRB103 30519 JDS 62533 a


1 (q) Beginning July 1, 2023, the additional fees imposed by 
2the amendatory Act of the 103rd General Assembly in Sections 
32-123, 3-821, and 6-118 shall be deposited into the Secretary 
4of State Special Services Fund. 
5(Source: P.A. 102-538, eff. 8-20-21.)



6 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)

7 (Text of Section before amendment by P.A. 102-982)

8 Sec. 2-123. Sale and distribution of information. 

9 (a) Except as otherwise provided in this Section, the 
10Secretary may make the
driver's license, vehicle and title 
11registration lists, in part or in whole,
and any statistical 
12information derived from these lists available to local

13governments, elected state officials, state educational 
14institutions, and all
other governmental units of the State 
15and Federal
Government
requesting them for governmental 
16purposes. The Secretary shall require any such
applicant for 
17services to pay for the costs of furnishing such services and 
18the
use of the equipment involved, and in addition is 
19empowered to establish prices
and charges for the services so 
20furnished and for the use of the electronic
equipment 
21utilized.

22 (b) The Secretary is further empowered to and he may, in 
23his discretion,
furnish to any applicant, other than listed in 
24subsection (a) of this Section,
vehicle or driver data on a 
25computer tape, disk, other electronic format or
computer 
 
 
10300HB3817sam002- 640 -LRB103 30519 JDS 62533 a


1processable medium, or printout at a fixed fee of $500
$250 for 
2orders received before October 1, 2003 and $500 for orders 
3received
on or after October 1, 2003, in advance, and require 
4in addition a
further sufficient
deposit based upon the 
5Secretary of State's estimate of the total cost of the

6information requested and a charge of $50 $25 for orders 
7received before October
1, 2003 and $50 for orders received on 
8or after October 1, 2003, per 1,000
units or part
thereof 
9identified or the actual cost, whichever is greater. The 
10Secretary is
authorized to refund any difference between the 
11additional deposit and the
actual cost of the request. This 
12service shall not be in lieu of an abstract
of a driver's 
13record nor of a title or registration search. This service may

14be limited to entities purchasing a minimum number of records 
15as required by
administrative rule. The information
sold 
16pursuant to this subsection shall be the entire vehicle or 
17driver data
list, or part thereof. The information sold 
18pursuant to this subsection
shall not contain personally 
19identifying information unless the information is
to be used 
20for one of the purposes identified in subsection (f-5) of this

21Section. Commercial purchasers of driver and vehicle record 
22databases shall
enter into a written agreement with the 
23Secretary of State that includes
disclosure of the commercial 
24use of the information to be purchased.
25 (b-1) The Secretary is further empowered to and may, in 
26his or her discretion, furnish vehicle or driver data on a 
 
 
10300HB3817sam002- 641 -LRB103 30519 JDS 62533 a


1computer tape, disk, or other electronic format or computer 
2processible medium, at no fee, to any State or local 
3governmental agency that uses the information provided by the 
4Secretary to transmit data back to the Secretary that enables 
5the Secretary to maintain accurate driving records, including 
6dispositions of traffic cases. This information may be 
7provided without fee not more often than once every 6 months.


8 (c) Secretary of State may issue registration lists. The 
9Secretary
of State may compile a list of all registered

10vehicles. Each list of registered vehicles shall be arranged 
11serially
according to the registration numbers assigned to 
12registered vehicles and
may contain in addition the names and 
13addresses of registered owners and
a brief description of each 
14vehicle including the serial or other
identifying number 
15thereof. Such compilation may be in such form as in the

16discretion of the Secretary of State may seem best for the 
17purposes intended.

18 (d) The Secretary of State shall furnish no more than 2 
19current available
lists of such registrations to the sheriffs 
20of all counties and to the chiefs
of police of all cities and 
21villages and towns of 2,000 population and over
in this State 
22at no cost. Additional copies may be purchased by the sheriffs

23or chiefs of police at the fee
of $500 each or at the cost of 
24producing the list as determined
by the Secretary of State. 
25Such lists are to be used for governmental
purposes only.

26 (e) (Blank).

 
 
10300HB3817sam002- 642 -LRB103 30519 JDS 62533 a


1 (e-1) (Blank).

2 (f) The Secretary of State shall make a title or 
3registration search of the
records of his office and a written 
4report on the same for any person, upon
written application of 
5such person, accompanied by a fee of $5 for
each registration 
6or title search. The written application shall set forth
the 
7intended use of the requested information. No fee shall be 
8charged for a
title or
registration search, or for the 
9certification thereof requested by a government
agency. The 
10report of the title or registration search shall not contain

11personally identifying information unless the request for a 
12search was made for
one of the purposes identified in 
13subsection (f-5) of this Section. The report of the title or 
14registration search shall not contain highly
restricted 
15personal
information unless specifically authorized by this 
16Code.

17 The Secretary of State shall certify a title or 
18registration record upon
written request. The fee for 
19certification shall be $5 in addition
to the fee required for a 
20title or registration search. Certification shall
be made 
21under the signature of the Secretary of State and shall be

22authenticated by Seal of the Secretary of State.

23 The Secretary of State may notify the vehicle owner or 
24registrant of
the request for purchase of his title or 
25registration information as the
Secretary deems appropriate.

26 No information shall be released to the requester until 
 
 
10300HB3817sam002- 643 -LRB103 30519 JDS 62533 a


1expiration of a 10-day
period. This 10-day period shall not 
2apply to requests for
information made by law enforcement 
3officials, government agencies,
financial institutions, 
4attorneys, insurers, employers, automobile
associated 
5businesses, persons licensed as a private detective or firms

6licensed as a private detective agency under the Private 
7Detective, Private
Alarm, Private Security, Fingerprint 
8Vendor, and Locksmith Act of 2004, who are employed by or are

9acting on
behalf of law enforcement officials, government 
10agencies, financial
institutions, attorneys, insurers, 
11employers, automobile associated businesses,
and other 
12business entities for purposes consistent with the Illinois 
13Vehicle
Code, the vehicle owner or registrant or other 
14entities as the Secretary may
exempt by rule and regulation.

15 Any misrepresentation made by a requester of title or 
16vehicle information
shall be punishable as a petty offense, 
17except in the case of persons
licensed as a private detective 
18or firms licensed as a private detective agency
which shall be 
19subject to disciplinary sanctions under Section 40-10 of the

20Private Detective, Private Alarm, Private Security, 
21Fingerprint Vendor, and Locksmith Act of 2004.

22 (f-5) The Secretary of State shall not disclose or 
23otherwise make
available to
any person or entity any 
24personally identifying information obtained by the
Secretary

25of State in connection with a driver's license, vehicle, or 
26title registration
record
unless the information is disclosed 
 
 
10300HB3817sam002- 644 -LRB103 30519 JDS 62533 a


1for one of the following purposes:

2  (1) For use by any government agency, including any 
3 court or law
enforcement agency, in carrying out its 
4 functions, or any private person or
entity acting on 
5 behalf of a federal, State, or local agency in carrying 
6 out
its
functions.

7  (2) For use in connection with matters of motor 
8 vehicle or driver safety
and theft; motor vehicle 
9 emissions; motor vehicle product alterations, recalls,
or 
10 advisories; performance monitoring of motor vehicles, 
11 motor vehicle parts,
and dealers; and removal of non-owner 
12 records from the original owner
records of motor vehicle 
13 manufacturers.

14  (3) For use in the normal course of business by a 
15 legitimate business or
its agents, employees, or 
16 contractors, but only:

17   (A) to verify the accuracy of personal information 
18 submitted by
an individual to the business or its 
19 agents, employees, or contractors;
and

20   (B) if such information as so submitted is not 
21 correct or is no
longer correct, to obtain the correct 
22 information, but only for the
purposes of preventing 
23 fraud by, pursuing legal remedies against, or

24 recovering on a debt or security interest against, the 
25 individual.

26  (4) For use in research activities and for use in 
 
 
10300HB3817sam002- 645 -LRB103 30519 JDS 62533 a


1 producing statistical
reports, if the personally 
2 identifying information is not published,
redisclosed, or 
3 used to
contact individuals.

4  (5) For use in connection with any civil, criminal, 
5 administrative, or
arbitral proceeding in any federal, 
6 State, or local court or agency or before
any

7 self-regulatory body, including the service of process, 
8 investigation in
anticipation of litigation, and the 
9 execution or enforcement of judgments and
orders, or 
10 pursuant to an order of a federal, State, or local court.

11  (6) For use by any insurer or insurance support 
12 organization or by a
self-insured entity or its agents, 
13 employees, or contractors in connection with
claims 
14 investigation activities, antifraud activities, rating, or 
15 underwriting.

16  (7) For use in providing notice to the owners of towed 
17 or
impounded vehicles.

18  (8) For use by any person licensed as a private 
19 detective or firm licensed as a private
detective agency 
20 under
the Private Detective, Private Alarm, Private 
21 Security, Fingerprint Vendor, and Locksmith Act of
2004, 
22 private investigative agency or security service
licensed 
23 in Illinois for any purpose permitted under this 
24 subsection.

25  (9) For use by an employer or its agent or insurer to 
26 obtain or verify
information relating to a holder of a 
 
 
10300HB3817sam002- 646 -LRB103 30519 JDS 62533 a


1 commercial driver's license that is
required under chapter 
2 313 of title 49 of the United States Code.

3  (10) For use in connection with the operation of 
4 private toll
transportation facilities.

5  (11) For use by any requester, if the requester 
6 demonstrates it has
obtained the written consent of the 
7 individual to whom the information
pertains.

8  (12) For use by members of the news media, as defined 
9 in
Section 1-148.5, for the purpose of newsgathering when 
10 the request relates to
the
operation of a motor vehicle or 
11 public safety.

12  (13) For any other use specifically authorized by law, 
13 if that use is
related to the operation of a motor vehicle 
14 or public safety.
15 (f-6) The Secretary of State shall not disclose or 
16otherwise make
available to any
person or entity any highly 
17restricted personal information obtained by the
Secretary of

18State in connection with a driver's license, vehicle, or
title 
19registration
record unless
specifically authorized by this 
20Code.

21 (g) 1. The Secretary of State may, upon receipt of a 
22written request
and a fee as set forth in Section 6-118, 
23furnish to the person or agency so requesting a
driver's 
24record or data contained therein. Such document may include a 
25record of: current driver's
license issuance information, 
26except that the information on judicial driving
permits shall 
 
 
10300HB3817sam002- 647 -LRB103 30519 JDS 62533 a


1be available only as otherwise provided by this Code;

2convictions; orders entered revoking, suspending or cancelling 
3a
driver's
license or privilege; and notations of accident 
4involvement. All other
information, unless otherwise permitted 
5by
this Code, shall remain confidential. Information released 
6pursuant to a
request for a driver's record shall not contain 
7personally identifying
information, unless the request for the 
8driver's record was made for one of the
purposes set forth in 
9subsection (f-5) of this Section. The Secretary of State may, 
10without fee, allow a parent or guardian of a person under the 
11age of 18 years, who holds an instruction permit or graduated 
12driver's license, to view that person's driving record online, 
13through a computer connection.
The parent or guardian's online 
14access to the driving record will terminate when the 
15instruction permit or graduated driver's license holder 
16reaches the age of 18.


17 2. The Secretary of State shall not disclose or otherwise 
18make available
to any
person or
entity any highly restricted 
19personal information obtained by the Secretary of
State in

20connection with a driver's license, vehicle, or title

21registration record
unless specifically
authorized by this 
22Code. The Secretary of State may certify an abstract of a 
23driver's record
upon written request therefor. Such 
24certification
shall be made under the signature of the 
25Secretary of State and shall be
authenticated by the Seal of 
26his office.

 
 
10300HB3817sam002- 648 -LRB103 30519 JDS 62533 a


1 3. All requests for driving record information shall be 
2made in a manner
prescribed by the Secretary and shall set 
3forth the intended use of the
requested information.

4 The Secretary of State may notify the affected driver of 
5the request
for purchase of his driver's record as the 
6Secretary deems appropriate.

7 No information shall be released to the requester until 
8expiration of a 10-day
period. This 10-day period shall not 
9apply to requests for information
made by law enforcement 
10officials, government agencies, financial institutions,

11attorneys, insurers, employers, automobile associated 
12businesses, persons
licensed as a private detective or firms 
13licensed as a private detective agency
under the Private 
14Detective, Private Alarm, Private Security, Fingerprint 
15Vendor, and Locksmith Act
of 2004,
who are employed by or are 
16acting on behalf of law enforcement officials,
government 
17agencies, financial institutions, attorneys, insurers, 
18employers,
automobile associated businesses, and other 
19business entities for purposes
consistent with the Illinois 
20Vehicle Code, the affected driver or other
entities as the 
21Secretary may exempt by rule and regulation.

22 Any misrepresentation made by a requester of driver 
23information shall
be punishable as a petty offense, except in 
24the case of persons licensed as
a private detective or firms 
25licensed as a private detective agency which shall
be subject 
26to disciplinary sanctions under Section 40-10 of the Private

 
 
10300HB3817sam002- 649 -LRB103 30519 JDS 62533 a


1Detective, Private Alarm, Private Security, Fingerprint 
2Vendor, and Locksmith Act of 2004.

3 4. The Secretary of State may furnish without fee, upon 
4the written
request of a law enforcement agency, any 
5information from a driver's
record on file with the Secretary 
6of State when such information is required
in the enforcement 
7of this Code or any other law relating to the operation
of 
8motor vehicles, including records of dispositions; documented

9information involving the use of a motor vehicle; whether such 
10individual
has, or previously had, a driver's license; and the 
11address and personal
description as reflected on said driver's 
12record.

13 5. Except as otherwise provided in this Section, the 
14Secretary of
State may furnish, without fee, information from 
15an individual driver's
record on file, if a written request 
16therefor is submitted
by any public transit system or 
17authority, public defender, law enforcement
agency, a state or 
18federal agency, or an Illinois local intergovernmental

19association, if the request is for the purpose of a background 
20check of
applicants for employment with the requesting agency, 
21or for the purpose of
an official investigation conducted by 
22the agency, or to determine a
current address for the driver so 
23public funds can be recovered or paid to
the driver, or for any 
24other purpose set forth in subsection (f-5)
of this Section.

25 The Secretary may also furnish the courts a copy of an 
26abstract of a
driver's record, without fee, subsequent to an 
 
 
10300HB3817sam002- 650 -LRB103 30519 JDS 62533 a


1arrest for a violation of
Section 11-501 or a similar 
2provision of a local ordinance. Such abstract
may include 
3records of dispositions; documented information involving
the 
4use of a motor vehicle as contained in the current file; 
5whether such
individual has, or previously had, a driver's 
6license; and the address and
personal description as reflected 
7on said driver's record.

8 6. Any certified abstract issued by the Secretary of State 
9or
transmitted electronically by the Secretary of State 
10pursuant to this
Section,
to a court or on request of a law 
11enforcement agency, for the record of a
named person as to the 
12status of the person's driver's license shall be
prima facie 
13evidence of the facts therein stated and if the name appearing

14in such abstract is the same as that of a person named in an 
15information or
warrant, such abstract shall be prima facie 
16evidence that the person named
in such information or warrant 
17is the same person as the person named in
such abstract and 
18shall be admissible for any prosecution under this Code and
be 
19admitted as proof of any prior conviction or proof of records, 
20notices, or
orders recorded on individual driving records 
21maintained by the Secretary of
State.

22 7. Subject to any restrictions contained in the Juvenile 
23Court Act of
1987, and upon receipt of a proper request and a 
24fee as set forth in Section 6-118, the
Secretary of
State shall 
25provide a driver's record or data contained therein to the 
26affected driver, or the affected
driver's attorney, upon 
 
 
10300HB3817sam002- 651 -LRB103 30519 JDS 62533 a


1verification. Such record shall contain all the
information 
2referred to in paragraph 1 of this subsection (g) plus: any

3recorded accident involvement as a driver; information 
4recorded pursuant to
subsection (e) of Section 6-117 and 
5paragraph (4) of subsection (a) of
Section 6-204 of this Code. 
6All other information, unless otherwise permitted
by this 
7Code, shall remain confidential.

8 (h) The Secretary shall not disclose social security 
9numbers or any associated information obtained from the Social 
10Security Administration except pursuant
to a written request 
11by, or with the prior written consent of, the
individual 
12except: (1) to officers and employees of the Secretary
who

13have a need to know the social security numbers in performance 
14of their
official duties, (2) to law enforcement officials for 
15a civil or
criminal law enforcement investigation, and if an 
16officer of the law enforcement
agency has made a written 
17request to the Secretary specifying the law
enforcement 
18investigation for which the social security numbers are being

19sought, though the Secretary retains the right to require 
20additional verification regarding the validity of the request, 
21(3) to the United States Department of Transportation, or any 
22other
State, pursuant to the administration and enforcement of 
23the Commercial
Motor Vehicle Safety Act of 1986 or 
24participation in State-to-State verification service, (4) 
25pursuant to the order of a court
of competent jurisdiction, 
26(5) to the Department of Healthcare and Family Services 
 
 
10300HB3817sam002- 652 -LRB103 30519 JDS 62533 a


1(formerly Department of Public Aid) for
utilization
in the 
2child support enforcement duties assigned to that Department 
3under
provisions of the Illinois Public Aid Code after the 
4individual has received advanced
meaningful notification of 
5what redisclosure is sought by the Secretary in
accordance 
6with the federal Privacy Act, (5.5) to the Department of 
7Healthcare and Family Services and the Department of Human 
8Services solely for the purpose of verifying Illinois 
9residency where such residency is an eligibility requirement 
10for benefits under the Illinois Public Aid Code or any other 
11health benefit program administered by the Department of 
12Healthcare and Family Services or the Department of Human 
13Services, (6) to the Illinois Department of Revenue solely for 
14use by the Department in the collection of any tax or debt that 
15the Department of Revenue is authorized or required by law to 
16collect, provided that the Department shall not disclose the 
17social security number to any person or entity outside of the 
18Department, (7) to the Illinois Department of Veterans' 
19Affairs for the purpose of confirming veteran status, or (8) 
20the last 4 digits to the Illinois State Board of Elections for 
21purposes of voter registration and as may be required pursuant 
22to an agreement for a multi-state voter registration list 
23maintenance system. If social security information is 
24disclosed by the Secretary in accordance with this Section, no 
25liability shall rest with the Office of the Secretary of State 
26or any of its officers or employees, as the information is 
 
 
10300HB3817sam002- 653 -LRB103 30519 JDS 62533 a


1released for official purposes only. 

2 (i) (Blank).

3 (j) Medical statements or medical reports received in the 
4Secretary of
State's Office shall be confidential. Except as 
5provided in this Section, no confidential information may be

6open to public inspection or the contents disclosed to anyone, 
7except
officers and employees of the Secretary who have a need 
8to know the information
contained in the medical reports and 
9the Driver License Medical Advisory
Board, unless so directed 
10by an order of a court of competent jurisdiction. If the 
11Secretary receives a medical report regarding a driver that 
12does not address a medical condition contained in a previous 
13medical report, the Secretary may disclose the unaddressed 
14medical condition to the driver or his or her physician, or 
15both, solely for the purpose of submission of a medical report 
16that addresses the condition. 

17 (k) Beginning July 1, 2023, disbursement Disbursement of 
18fees collected under this Section shall be as follows: (1) of 
19the $20 $12 fee for a driver's record, $11 $3 shall be paid 
20into the Secretary of State Special Services Fund, and $6 
21shall be paid into the General Revenue Fund; (2) 50% of the 
22amounts collected under subsection (b) shall be paid into the 
23General Revenue Fund; and (3) all remaining fees shall be 
24disbursed under subsection (g) of Section 2-119 of this Code.

25 (l) (Blank).

26 (m) Notations of accident involvement that may be 
 
 
10300HB3817sam002- 654 -LRB103 30519 JDS 62533 a


1disclosed under this
Section shall not include notations 
2relating to damage to a vehicle or other
property being 
3transported by a tow truck. This information shall remain

4confidential, provided that nothing in this subsection (m) 
5shall limit
disclosure of any notification of accident 
6involvement to any law enforcement
agency or official.

7 (n) Requests made by the news media for driver's license, 
8vehicle, or
title registration information may be furnished 
9without charge or at a reduced
charge, as determined by the 
10Secretary, when the specific purpose for
requesting the 
11documents is deemed to be in the public interest. Waiver or

12reduction of the fee is in the public interest if the principal 
13purpose of the
request is to access and disseminate 
14information regarding the health, safety,
and welfare or the 
15legal rights of the general public and is not for the
principal 
16purpose of gaining a personal or commercial benefit.
The 
17information provided pursuant to this subsection shall not 
18contain
personally identifying information unless the 
19information is to be used for one
of the
purposes identified in 
20subsection (f-5) of this Section.

21 (o) The redisclosure of personally identifying information

22obtained
pursuant
to this Section is prohibited, except to the 
23extent necessary to effectuate the
purpose
for which the 
24original disclosure of the information was permitted.

25 (p) The Secretary of State is empowered to adopt rules
to

26effectuate this Section.

 
 
10300HB3817sam002- 655 -LRB103 30519 JDS 62533 a


1(Source: P.A. 100-590, eff. 6-8-18; 101-81, eff. 7-12-19; 
2101-326, eff. 8-9-19.)


3 (Text of Section after amendment by P.A. 102-982)

4 Sec. 2-123. Sale and distribution of information. 

5 (a) Except as otherwise provided in this Section, the 
6Secretary may make the
driver's license, vehicle and title 
7registration lists, in part or in whole,
and any statistical 
8information derived from these lists available to local

9governments, elected state officials, state educational 
10institutions, and all
other governmental units of the State 
11and Federal
Government
requesting them for governmental 
12purposes. The Secretary shall require any such
applicant for 
13services to pay for the costs of furnishing such services and 
14the
use of the equipment involved, and in addition is 
15empowered to establish prices
and charges for the services so 
16furnished and for the use of the electronic
equipment 
17utilized.

18 (b) The Secretary is further empowered to and he may, in 
19his discretion,
furnish to any applicant, other than listed in 
20subsection (a) of this Section,
vehicle or driver data on a 
21computer tape, disk, other electronic format or
computer 
22processable medium, or printout at a fixed fee of $500
$250 for 
23orders received before October 1, 2003 and $500 for orders 
24received
on or after October 1, 2003, in advance, and require 
25in addition a
further sufficient
deposit based upon the 
 
 
10300HB3817sam002- 656 -LRB103 30519 JDS 62533 a


1Secretary of State's estimate of the total cost of the

2information requested and a charge of $50 $25 for orders 
3received before October
1, 2003 and $50 for orders received on 
4or after October 1, 2003, per 1,000
units or part
thereof 
5identified or the actual cost, whichever is greater. The 
6Secretary is
authorized to refund any difference between the 
7additional deposit and the
actual cost of the request. This 
8service shall not be in lieu of an abstract
of a driver's 
9record nor of a title or registration search. This service may

10be limited to entities purchasing a minimum number of records 
11as required by
administrative rule. The information
sold 
12pursuant to this subsection shall be the entire vehicle or 
13driver data
list, or part thereof. The information sold 
14pursuant to this subsection
shall not contain personally 
15identifying information unless the information is
to be used 
16for one of the purposes identified in subsection (f-5) of this

17Section. Commercial purchasers of driver and vehicle record 
18databases shall
enter into a written agreement with the 
19Secretary of State that includes
disclosure of the commercial 
20use of the information to be purchased.
21 (b-1) The Secretary is further empowered to and may, in 
22his or her discretion, furnish vehicle or driver data on a 
23computer tape, disk, or other electronic format or computer 
24processible medium, at no fee, to any State or local 
25governmental agency that uses the information provided by the 
26Secretary to transmit data back to the Secretary that enables 
 
 
10300HB3817sam002- 657 -LRB103 30519 JDS 62533 a


1the Secretary to maintain accurate driving records, including 
2dispositions of traffic cases. This information may be 
3provided without fee not more often than once every 6 months.


4 (c) Secretary of State may issue registration lists. The 
5Secretary
of State may compile a list of all registered

6vehicles. Each list of registered vehicles shall be arranged 
7serially
according to the registration numbers assigned to 
8registered vehicles and
may contain in addition the names and 
9addresses of registered owners and
a brief description of each 
10vehicle including the serial or other
identifying number 
11thereof. Such compilation may be in such form as in the

12discretion of the Secretary of State may seem best for the 
13purposes intended.

14 (d) The Secretary of State shall furnish no more than 2 
15current available
lists of such registrations to the sheriffs 
16of all counties and to the chiefs
of police of all cities and 
17villages and towns of 2,000 population and over
in this State 
18at no cost. Additional copies may be purchased by the sheriffs

19or chiefs of police at the fee
of $500 each or at the cost of 
20producing the list as determined
by the Secretary of State. 
21Such lists are to be used for governmental
purposes only.

22 (e) (Blank).

23 (e-1) (Blank).

24 (f) The Secretary of State shall make a title or 
25registration search of the
records of his office and a written 
26report on the same for any person, upon
written application of 
 
 
10300HB3817sam002- 658 -LRB103 30519 JDS 62533 a


1such person, accompanied by a fee of $5 for
each registration 
2or title search. The written application shall set forth
the 
3intended use of the requested information. No fee shall be 
4charged for a
title or
registration search, or for the 
5certification thereof requested by a government
agency. The 
6report of the title or registration search shall not contain

7personally identifying information unless the request for a 
8search was made for
one of the purposes identified in 
9subsection (f-5) of this Section. The report of the title or 
10registration search shall not contain highly
restricted 
11personal
information unless specifically authorized by this 
12Code.

13 The Secretary of State shall certify a title or 
14registration record upon
written request. The fee for 
15certification shall be $5 in addition
to the fee required for a 
16title or registration search. Certification shall
be made 
17under the signature of the Secretary of State and shall be

18authenticated by Seal of the Secretary of State.

19 The Secretary of State may notify the vehicle owner or 
20registrant of
the request for purchase of his title or 
21registration information as the
Secretary deems appropriate.

22 No information shall be released to the requester until 
23expiration of a 10-day
period. This 10-day period shall not 
24apply to requests for
information made by law enforcement 
25officials, government agencies,
financial institutions, 
26attorneys, insurers, employers, automobile
associated 
 
 
10300HB3817sam002- 659 -LRB103 30519 JDS 62533 a


1businesses, persons licensed as a private detective or firms

2licensed as a private detective agency under the Private 
3Detective, Private
Alarm, Private Security, Fingerprint 
4Vendor, and Locksmith Act of 2004, who are employed by or are

5acting on
behalf of law enforcement officials, government 
6agencies, financial
institutions, attorneys, insurers, 
7employers, automobile associated businesses,
and other 
8business entities for purposes consistent with the Illinois 
9Vehicle
Code, the vehicle owner or registrant or other 
10entities as the Secretary may
exempt by rule and regulation.

11 Any misrepresentation made by a requester of title or 
12vehicle information
shall be punishable as a petty offense, 
13except in the case of persons
licensed as a private detective 
14or firms licensed as a private detective agency
which shall be 
15subject to disciplinary sanctions under Section 40-10 of the

16Private Detective, Private Alarm, Private Security, 
17Fingerprint Vendor, and Locksmith Act of 2004.

18 (f-5) The Secretary of State shall not disclose or 
19otherwise make
available to
any person or entity any 
20personally identifying information obtained by the
Secretary

21of State in connection with a driver's license, vehicle, or 
22title registration
record
unless the information is disclosed 
23for one of the following purposes:

24  (1) For use by any government agency, including any 
25 court or law
enforcement agency, in carrying out its 
26 functions, or any private person or
entity acting on 
 
 
10300HB3817sam002- 660 -LRB103 30519 JDS 62533 a


1 behalf of a federal, State, or local agency in carrying 
2 out
its
functions.

3  (2) For use in connection with matters of motor 
4 vehicle or driver safety
and theft; motor vehicle 
5 emissions; motor vehicle product alterations, recalls,
or 
6 advisories; performance monitoring of motor vehicles, 
7 motor vehicle parts,
and dealers; and removal of non-owner 
8 records from the original owner
records of motor vehicle 
9 manufacturers.

10  (3) For use in the normal course of business by a 
11 legitimate business or
its agents, employees, or 
12 contractors, but only:

13   (A) to verify the accuracy of personal information 
14 submitted by
an individual to the business or its 
15 agents, employees, or contractors;
and

16   (B) if such information as so submitted is not 
17 correct or is no
longer correct, to obtain the correct 
18 information, but only for the
purposes of preventing 
19 fraud by, pursuing legal remedies against, or

20 recovering on a debt or security interest against, the 
21 individual.

22  (4) For use in research activities and for use in 
23 producing statistical
reports, if the personally 
24 identifying information is not published,
redisclosed, or 
25 used to
contact individuals.

26  (5) For use in connection with any civil, criminal, 
 
 
10300HB3817sam002- 661 -LRB103 30519 JDS 62533 a


1 administrative, or
arbitral proceeding in any federal, 
2 State, or local court or agency or before
any

3 self-regulatory body, including the service of process, 
4 investigation in
anticipation of litigation, and the 
5 execution or enforcement of judgments and
orders, or 
6 pursuant to an order of a federal, State, or local court.

7  (6) For use by any insurer or insurance support 
8 organization or by a
self-insured entity or its agents, 
9 employees, or contractors in connection with
claims 
10 investigation activities, antifraud activities, rating, or 
11 underwriting.

12  (7) For use in providing notice to the owners of towed 
13 or
impounded vehicles.

14  (8) For use by any person licensed as a private 
15 detective or firm licensed as a private
detective agency 
16 under
the Private Detective, Private Alarm, Private 
17 Security, Fingerprint Vendor, and Locksmith Act of
2004, 
18 private investigative agency or security service
licensed 
19 in Illinois for any purpose permitted under this 
20 subsection.

21  (9) For use by an employer or its agent or insurer to 
22 obtain or verify
information relating to a holder of a 
23 commercial driver's license that is
required under chapter 
24 313 of title 49 of the United States Code.

25  (10) For use in connection with the operation of 
26 private toll
transportation facilities.

 
 
10300HB3817sam002- 662 -LRB103 30519 JDS 62533 a


1  (11) For use by any requester, if the requester 
2 demonstrates it has
obtained the written consent of the 
3 individual to whom the information
pertains.

4  (12) For use by members of the news media, as defined 
5 in
Section 1-148.5, for the purpose of newsgathering when 
6 the request relates to
the
operation of a motor vehicle or 
7 public safety.

8  (13) For any other use specifically authorized by law, 
9 if that use is
related to the operation of a motor vehicle 
10 or public safety.
11 (f-6) The Secretary of State shall not disclose or 
12otherwise make
available to any
person or entity any highly 
13restricted personal information obtained by the
Secretary of

14State in connection with a driver's license, vehicle, or
title 
15registration
record unless
specifically authorized by this 
16Code.

17 (g) 1. The Secretary of State may, upon receipt of a 
18written request
and a fee as set forth in Section 6-118, 
19furnish to the person or agency so requesting a
driver's 
20record or data contained therein. Such document may include a 
21record of: current driver's
license issuance information, 
22except that the information on judicial driving
permits shall 
23be available only as otherwise provided by this Code;

24convictions; orders entered revoking, suspending or cancelling 
25a
driver's
license or privilege; and notations of crash 
26involvement. All other
information, unless otherwise permitted 
 
 
10300HB3817sam002- 663 -LRB103 30519 JDS 62533 a


1by
this Code, shall remain confidential. Information released 
2pursuant to a
request for a driver's record shall not contain 
3personally identifying
information, unless the request for the 
4driver's record was made for one of the
purposes set forth in 
5subsection (f-5) of this Section. The Secretary of State may, 
6without fee, allow a parent or guardian of a person under the 
7age of 18 years, who holds an instruction permit or graduated 
8driver's license, to view that person's driving record online, 
9through a computer connection.
The parent or guardian's online 
10access to the driving record will terminate when the 
11instruction permit or graduated driver's license holder 
12reaches the age of 18.


13 2. The Secretary of State shall not disclose or otherwise 
14make available
to any
person or
entity any highly restricted 
15personal information obtained by the Secretary of
State in

16connection with a driver's license, vehicle, or title

17registration record
unless specifically
authorized by this 
18Code. The Secretary of State may certify an abstract of a 
19driver's record
upon written request therefor. Such 
20certification
shall be made under the signature of the 
21Secretary of State and shall be
authenticated by the Seal of 
22his office.

23 3. All requests for driving record information shall be 
24made in a manner
prescribed by the Secretary and shall set 
25forth the intended use of the
requested information.

26 The Secretary of State may notify the affected driver of 
 
 
10300HB3817sam002- 664 -LRB103 30519 JDS 62533 a


1the request
for purchase of his driver's record as the 
2Secretary deems appropriate.

3 No information shall be released to the requester until 
4expiration of a 10-day
period. This 10-day period shall not 
5apply to requests for information
made by law enforcement 
6officials, government agencies, financial institutions,

7attorneys, insurers, employers, automobile associated 
8businesses, persons
licensed as a private detective or firms 
9licensed as a private detective agency
under the Private 
10Detective, Private Alarm, Private Security, Fingerprint 
11Vendor, and Locksmith Act
of 2004,
who are employed by or are 
12acting on behalf of law enforcement officials,
government 
13agencies, financial institutions, attorneys, insurers, 
14employers,
automobile associated businesses, and other 
15business entities for purposes
consistent with the Illinois 
16Vehicle Code, the affected driver or other
entities as the 
17Secretary may exempt by rule and regulation.

18 Any misrepresentation made by a requester of driver 
19information shall
be punishable as a petty offense, except in 
20the case of persons licensed as
a private detective or firms 
21licensed as a private detective agency which shall
be subject 
22to disciplinary sanctions under Section 40-10 of the Private

23Detective, Private Alarm, Private Security, Fingerprint 
24Vendor, and Locksmith Act of 2004.

25 4. The Secretary of State may furnish without fee, upon 
26the written
request of a law enforcement agency, any 
 
 
10300HB3817sam002- 665 -LRB103 30519 JDS 62533 a


1information from a driver's
record on file with the Secretary 
2of State when such information is required
in the enforcement 
3of this Code or any other law relating to the operation
of 
4motor vehicles, including records of dispositions; documented

5information involving the use of a motor vehicle; whether such 
6individual
has, or previously had, a driver's license; and the 
7address and personal
description as reflected on said driver's 
8record.

9 5. Except as otherwise provided in this Section, the 
10Secretary of
State may furnish, without fee, information from 
11an individual driver's
record on file, if a written request 
12therefor is submitted
by any public transit system or 
13authority, public defender, law enforcement
agency, a state or 
14federal agency, or an Illinois local intergovernmental

15association, if the request is for the purpose of a background 
16check of
applicants for employment with the requesting agency, 
17or for the purpose of
an official investigation conducted by 
18the agency, or to determine a
current address for the driver so 
19public funds can be recovered or paid to
the driver, or for any 
20other purpose set forth in subsection (f-5)
of this Section.

21 The Secretary may also furnish the courts a copy of an 
22abstract of a
driver's record, without fee, subsequent to an 
23arrest for a violation of
Section 11-501 or a similar 
24provision of a local ordinance. Such abstract
may include 
25records of dispositions; documented information involving
the 
26use of a motor vehicle as contained in the current file; 
 
 
10300HB3817sam002- 666 -LRB103 30519 JDS 62533 a


1whether such
individual has, or previously had, a driver's 
2license; and the address and
personal description as reflected 
3on said driver's record.

4 6. Any certified abstract issued by the Secretary of State 
5or
transmitted electronically by the Secretary of State 
6pursuant to this
Section,
to a court or on request of a law 
7enforcement agency, for the record of a
named person as to the 
8status of the person's driver's license shall be
prima facie 
9evidence of the facts therein stated and if the name appearing

10in such abstract is the same as that of a person named in an 
11information or
warrant, such abstract shall be prima facie 
12evidence that the person named
in such information or warrant 
13is the same person as the person named in
such abstract and 
14shall be admissible for any prosecution under this Code and
be 
15admitted as proof of any prior conviction or proof of records, 
16notices, or
orders recorded on individual driving records 
17maintained by the Secretary of
State.

18 7. Subject to any restrictions contained in the Juvenile 
19Court Act of
1987, and upon receipt of a proper request and a 
20fee as set forth in Section 6-118, the
Secretary of
State shall 
21provide a driver's record or data contained therein to the 
22affected driver, or the affected
driver's attorney, upon 
23verification. Such record shall contain all the
information 
24referred to in paragraph 1 of this subsection (g) plus: any

25recorded crash involvement as a driver; information recorded 
26pursuant to
subsection (e) of Section 6-117 and paragraph (4) 
 
 
10300HB3817sam002- 667 -LRB103 30519 JDS 62533 a


1of subsection (a) of
Section 6-204 of this Code. All other 
2information, unless otherwise permitted
by this Code, shall 
3remain confidential.

4 (h) The Secretary shall not disclose social security 
5numbers or any associated information obtained from the Social 
6Security Administration except pursuant
to a written request 
7by, or with the prior written consent of, the
individual 
8except: (1) to officers and employees of the Secretary
who

9have a need to know the social security numbers in performance 
10of their
official duties, (2) to law enforcement officials for 
11a civil or
criminal law enforcement investigation, and if an 
12officer of the law enforcement
agency has made a written 
13request to the Secretary specifying the law
enforcement 
14investigation for which the social security numbers are being

15sought, though the Secretary retains the right to require 
16additional verification regarding the validity of the request, 
17(3) to the United States Department of Transportation, or any 
18other
State, pursuant to the administration and enforcement of 
19the Commercial
Motor Vehicle Safety Act of 1986 or 
20participation in State-to-State verification service, (4) 
21pursuant to the order of a court
of competent jurisdiction, 
22(5) to the Department of Healthcare and Family Services 
23(formerly Department of Public Aid) for
utilization
in the 
24child support enforcement duties assigned to that Department 
25under
provisions of the Illinois Public Aid Code after the 
26individual has received advanced
meaningful notification of 
 
 
10300HB3817sam002- 668 -LRB103 30519 JDS 62533 a


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

24 (i) (Blank).

25 (j) Medical statements or medical reports received in the 
26Secretary of
State's Office shall be confidential. Except as 
 
 
10300HB3817sam002- 669 -LRB103 30519 JDS 62533 a


1provided in this Section, no confidential information may be

2open to public inspection or the contents disclosed to anyone, 
3except
officers and employees of the Secretary who have a need 
4to know the information
contained in the medical reports and 
5the Driver License Medical Advisory
Board, unless so directed 
6by an order of a court of competent jurisdiction. If the 
7Secretary receives a medical report regarding a driver that 
8does not address a medical condition contained in a previous 
9medical report, the Secretary may disclose the unaddressed 
10medical condition to the driver or his or her physician, or 
11both, solely for the purpose of submission of a medical report 
12that addresses the condition. 

13 (k) Beginning July 1, 2023, disbursement Disbursement of 
14fees collected under this Section shall be as follows: (1) of 
15the $20 $12 fee for a driver's record, $11 $3 shall be paid 
16into the Secretary of State Special Services Fund, and $6 
17shall be paid into the General Revenue Fund; (2) 50% of the 
18amounts collected under subsection (b) shall be paid into the 
19General Revenue Fund; and (3) all remaining fees shall be 
20disbursed under subsection (g) of Section 2-119 of this Code.

21 (l) (Blank).

22 (m) Notations of crash involvement that may be disclosed 
23under this
Section shall not include notations relating to 
24damage to a vehicle or other
property being transported by a 
25tow truck. This information shall remain
confidential, 
26provided that nothing in this subsection (m) shall limit

 
 
10300HB3817sam002- 670 -LRB103 30519 JDS 62533 a


1disclosure of any notification of crash involvement to any law 
2enforcement
agency or official.

3 (n) Requests made by the news media for driver's license, 
4vehicle, or
title registration information may be furnished 
5without charge or at a reduced
charge, as determined by the 
6Secretary, when the specific purpose for
requesting the 
7documents is deemed to be in the public interest. Waiver or

8reduction of the fee is in the public interest if the principal 
9purpose of the
request is to access and disseminate 
10information regarding the health, safety,
and welfare or the 
11legal rights of the general public and is not for the
principal 
12purpose of gaining a personal or commercial benefit.
The 
13information provided pursuant to this subsection shall not 
14contain
personally identifying information unless the 
15information is to be used for one
of the
purposes identified in 
16subsection (f-5) of this Section.

17 (o) The redisclosure of personally identifying information

18obtained
pursuant
to this Section is prohibited, except to the 
19extent necessary to effectuate the
purpose
for which the 
20original disclosure of the information was permitted.

21 (p) The Secretary of State is empowered to adopt rules
to

22effectuate this Section.

23(Source: P.A. 101-81, eff. 7-12-19; 101-326, eff. 8-9-19; 
24102-982, eff. 7-1-23.)




25 (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)


 
 
10300HB3817sam002- 671 -LRB103 30519 JDS 62533 a


1 Sec. 3-821. Miscellaneous registration and title fees. 

2 (a) Except as provided under subsection (h), the fee to be 
3paid to the Secretary of State for the following
certificates, 
4registrations or evidences of proper registration, or for

5corrected or duplicate documents shall be in accordance with 
6the following
schedule:






 
















































7 Certificate of Title, except for an all-terrain 
8vehicle, off-highway motorcycle, or motor home, mini 
9motor home or van camper  $165 $155
10 Certificate of Title for a motor home, mini motor 
11home, or van camper $250
12 Certificate of Title for an all-terrain vehicle
13or off-highway motorcycle$30
14 Certificate of Title for an all-terrain
vehicle
15or off-highway motorcycle used for production
16agriculture, or accepted by a dealer in trade$13
17 Certificate of Title for a low-speed vehicle$30
18 Transfer of Registration or any evidence of
19proper registration
$25
20 Duplicate Registration Card for plates or other
21evidence of proper registration$3
22 Duplicate Registration Sticker or Stickers, each$20
23 
24 Duplicate Certificate of Title $50 
25 Corrected Registration Card or Card for other
26evidence of proper registration$3


 
 
10300HB3817sam002- 672 -LRB103 30519 JDS 62533 a
























1 Corrected Certificate of Title$50
2 
3 Salvage Certificate $20 
4 Fleet Reciprocity Permit$15
5 Prorate Decal$1
6 Prorate Backing Plate$3
7 Special Corrected Certificate of Title$15

8 Expedited Title Service (to be charged in 
9addition to other applicable fees)$30
10 Dealer Lien Release Certificate of Title$20
11 A special corrected certificate of title shall be issued 
12(i) to remove a co-owner's name due to the death of the 
13co-owner, to transfer title to a spouse if the decedent-spouse 
14was the sole owner on the title, or due to a divorce; (ii) to 
15change a co-owner's name due to a marriage; or (iii) due to a 
16name change under Article XXI of the Code of Civil Procedure.

17 There shall be no fee paid for a Junking Certificate.

18 There shall be no fee paid for a certificate of title 
19issued to a county when the vehicle is forfeited to the county 
20under Article 36 of the Criminal Code of 2012. 
21 For purposes of this Section, the fee for a corrected 
22title application that also results in the issuance of a 
23duplicate title shall be the same as the fee for a duplicate 
24title. 
25 (a-5) The Secretary of State may revoke a certificate of 
26title and registration card and issue a corrected certificate 
 
 
10300HB3817sam002- 673 -LRB103 30519 JDS 62533 a


1of title and registration card, at no fee to the vehicle owner 
2or lienholder, if there is proof that the vehicle 
3identification number is erroneously shown on the original 
4certificate of title.

5 (a-10) The Secretary of State may issue, in connection 
6with the sale of a motor vehicle, a corrected title to a motor 
7vehicle dealer upon application and submittal of a lien 
8release letter from the lienholder listed in the files of the 
9Secretary. In the case of a title issued by another state, the 
10dealer must submit proof from the state that issued the last 
11title. The corrected title, which shall be known as a dealer 
12lien release certificate of title, shall be issued in the name 
13of the vehicle owner without the named lienholder. If the 
14motor vehicle is currently titled in a state other than 
15Illinois, the applicant must submit either (i) a letter from 
16the current lienholder releasing the lien and stating that the 
17lienholder has possession of the title; or (ii) a letter from 
18the current lienholder releasing the lien and a copy of the 
19records of the department of motor vehicles for the state in 
20which the vehicle is titled, showing that the vehicle is 
21titled in the name of the applicant and that no liens are 
22recorded other than the lien for which a release has been 
23submitted. The fee for the dealer lien release certificate of 
24title is $20.
25 (b) The Secretary may prescribe the maximum service charge 
26to be
imposed upon an applicant for renewal of a registration 
 
 
10300HB3817sam002- 674 -LRB103 30519 JDS 62533 a


1by any person
authorized by law to receive and remit or 
2transmit to the Secretary such
renewal application and fees 
3therewith.

4 (c) If payment is delivered to the Office of the Secretary 
5of State
as payment of any fee or tax under this Code, and such 
6payment is not
honored for any reason, the registrant
or other 
7person tendering the payment remains liable for the payment of

8such fee or tax. The Secretary of State may assess a service 
9charge of $25
in addition to the fee or tax due and owing for 
10all dishonored payments.

11 If the total amount then due and owing exceeds the sum of 
12$100 and
has not been paid in full within 60 days from the date 
13the dishonored payment was first delivered to the Secretary of 
14State, the Secretary of State shall
assess a penalty of 25% of 
15such amount remaining unpaid.

16 All amounts payable under this Section shall be computed 
17to the
nearest dollar. Out of each fee collected for 
18dishonored payments, $5 shall be deposited in the Secretary of 
19State Special Services Fund. 

20 (d) The minimum fee and tax to be paid by any applicant for

21apportionment of a fleet of vehicles under this Code shall be 
22$15
if the application was filed on or before the date 
23specified by the
Secretary together with fees and taxes due. 
24If an application and the
fees or taxes due are filed after the 
25date specified by the Secretary,
the Secretary may prescribe 
26the payment of interest at the rate of 1/2
of 1% per month or 
 
 
10300HB3817sam002- 675 -LRB103 30519 JDS 62533 a


1fraction thereof after such due date and a minimum of
$8.

2 (e) Trucks, truck tractors, truck tractors with loads, and 
3motor buses,
any one of which having a combined total weight in 
4excess of 12,000 lbs.
shall file an application for a Fleet 
5Reciprocity Permit issued by the
Secretary of State. This 
6permit shall be in the possession of any driver
operating a 
7vehicle on Illinois highways. Any foreign licensed vehicle of 
8the
second division operating at any time in Illinois without 
9a Fleet Reciprocity
Permit or other proper Illinois 
10registration, shall subject the operator to the
penalties 
11provided in Section 3-834 of this Code. For the purposes of 
12this
Code, "Fleet Reciprocity Permit" means any second 
13division motor vehicle with a
foreign license and used only in 
14interstate transportation of goods. The fee
for such permit 
15shall be $15 per fleet which shall include all
vehicles of the 
16fleet being registered.

17 (f) For purposes of this Section, "all-terrain vehicle or 
18off-highway
motorcycle used for production agriculture" means 
19any all-terrain vehicle or
off-highway motorcycle used in the 
20raising
of or the propagation of livestock, crops for sale for 
21human consumption,
crops for livestock consumption, and 
22production seed stock grown for the
propagation of feed grains 
23and the husbandry of animals or for the purpose
of providing a 
24food product, including the husbandry of blood stock as a
main 
25source of providing a food product.
"All-terrain vehicle or 
26off-highway motorcycle used in production agriculture"
also 
 
 
10300HB3817sam002- 676 -LRB103 30519 JDS 62533 a


1means any all-terrain vehicle or off-highway motorcycle used 
2in animal
husbandry, floriculture, aquaculture, horticulture, 
3and viticulture.

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




24 (625 ILCS 5/6-118)



25 Sec. 6-118. Fees. 
 
 
10300HB3817sam002- 677 -LRB103 30519 JDS 62533 a


1 (a) The fees for licenses and permits under this
Article 
2are as follows:
3 Original driver's license.............................$30
4 Original or renewal driver's license
5  issued to 18, 19 and 20 year olds.................. 5
6 All driver's licenses for persons
7  age 69 through age 80.............................. 5
8 All driver's licenses for persons
9  age 81 through age 86.............................. 2
10 All driver's licenses for persons
11  age 87 or older.....................................0
12 Renewal driver's license (except for
13  applicants ages 18, 19 and 20 or
14  age 69 and older)..................................30
15 Original instruction permit issued to
16  persons (except those age 69 and older)
17  who do not hold or have not previously
18  held an Illinois instruction permit or
19  driver's license.................................. 20
20 Instruction permit issued to any person
21  holding an Illinois driver's license
22  who wishes a change in classifications,
23  other than at the time of renewal.................. 5
24 Any instruction permit issued to a person
25  age 69 and older................................... 5
26 Instruction permit issued to any person,
 
 
10300HB3817sam002- 678 -LRB103 30519 JDS 62533 a


1  under age 69, not currently holding a
2  valid Illinois driver's license or
3  instruction permit but who has
4  previously been issued either document
5  in Illinois....................................... 10
6 Restricted driving permit.............................. 8
7 Monitoring device driving permit...................... 8 
8 Duplicate or corrected driver's license
9  or permit.......................................... 5
10 Duplicate or corrected restricted
11  driving permit..................................... 5
12 Duplicate or corrected monitoring
13 device driving permit.................................. 5
14 Duplicate driver's license or permit issued to
15  an active-duty member of the
16  United States Armed Forces,
17  the member's spouse, or
18  the dependent children living
19  with the member................................... 0 
20 Original or renewal M or L endorsement................. 5
21SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
22  The fees for commercial driver licenses and permits 
23 under Article V
shall be as follows:
24 Commercial driver's license:
25  $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
26  (Commercial Driver's License Information
 
 
10300HB3817sam002- 679 -LRB103 30519 JDS 62533 a


1  System/American Association of Motor Vehicle
2  Administrators network/National Motor Vehicle 
3  Title Information Service Trust Fund);
4  $20 for the Motor Carrier Safety Inspection Fund;
5  $10 for the driver's license;
6  and $24 for the CDL:............................. $60
7 Renewal commercial driver's license:
8  $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
9  $20 for the Motor Carrier Safety Inspection Fund;
10  $10 for the driver's license; and
11  $24 for the CDL:................................. $60
12 Commercial learner's permit
13  issued to any person holding a valid
14  Illinois driver's license for the
15  purpose of changing to a
16  CDL classification: $6 for the
17  CDLIS/AAMVAnet/NMVTIS Trust Fund;
18  $20 for the Motor Carrier
19  Safety Inspection Fund; and
20  $24 for the CDL classification................... $50
21 Commercial learner's permit
22  issued to any person holding a valid
23  Illinois CDL for the purpose of
24  making a change in a classification,
25  endorsement or restriction........................ $5
26 CDL duplicate or corrected license.................... $5
 
 
10300HB3817sam002- 680 -LRB103 30519 JDS 62533 a


1 In order to ensure the proper implementation of the 
2Uniform Commercial
Driver License Act, Article V of this 
3Chapter, the Secretary of State is
empowered to prorate the 
4$24 fee for the commercial driver's license
proportionate to 
5the expiration date of the applicant's Illinois driver's

6license.
7 The fee for any duplicate license or permit shall be 
8waived for any
person who presents the Secretary of State's 
9office with a
police report showing that his license or permit 
10was stolen.
11 The fee for any duplicate license or permit shall be 
12waived for any
person age 60 or older whose driver's license or 
13permit has been lost or stolen. 
14 No additional fee shall be charged for a driver's license, 
15or for a
commercial driver's license, when issued
to the 
16holder of an instruction permit for the same classification or

17type of license who becomes eligible for such
license.
18 The fee for a restricted driving permit under this 
19subsection (a) shall be imposed annually until the expiration 
20of the permit.
21 (a-5) The fee for a driver's record or data contained 
22therein is $20 and shall be disbursed as set forth in 
23subsection (k) of Section 2-123 of this Code $12.
24 (b) Any person whose license or privilege to operate a 
25motor vehicle
in this State has been suspended or revoked 
26under Section 3-707, any
provision of
Chapter 6, Chapter 11, 
 
 
10300HB3817sam002- 681 -LRB103 30519 JDS 62533 a


1or Section 7-205, 7-303, or 7-702 of the Family
Financial

2Responsibility Law of this Code, shall in addition to any 
3other
fees required by this Code, pay a reinstatement fee as 
4follows:
5 Suspension under Section 3-707.....................
$100

6 Suspension under Section 11-1431....................$100 
7 Summary suspension under Section 11-501.1...........$250

8 Suspension under Section 11-501.9...................$250 
9 Summary revocation under Section 11-501.1............$500
10 Other suspension......................................$70
11 Revocation...........................................$500
12 However, any person whose license or privilege to operate 
13a motor vehicle
in this State has been suspended or revoked for 
14a second or subsequent time
for a violation of Section 11-501, 
1511-501.1, or 11-501.9
of this Code or a similar provision of a 
16local ordinance
or a similar out-of-state offense
or Section 
179-3 of the Criminal Code of 1961 or the Criminal Code of 2012

18and each suspension or revocation was for a violation of 
19Section 11-501,
11-501.1, or 11-501.9 of this Code or a 
20similar provision of a local ordinance
or a similar 
21out-of-state offense
or Section
9-3 of the Criminal Code of 
221961 or the Criminal Code of 2012
shall pay, in addition to any 
23other
fees required by this Code, a
reinstatement
fee as 
24follows:
25 Summary suspension under Section 11-501.1............$500
26 Suspension under Section 11-501.9...................$500 
 
 
10300HB3817sam002- 682 -LRB103 30519 JDS 62533 a


1 Summary revocation under Section 11-501.1............$500
2 Revocation...........................................$500
3 (c) All fees collected under the provisions of this 
4Chapter 6 shall be disbursed under subsection (g) of Section 
52-119 of this Code,
except as follows:
6  1. The following amounts shall be paid into the 
7 Drivers Education Fund:
8   (A) $16 of the $20
fee for an original driver's 
9 instruction permit;
10   (B) $5 of the $30 fee for an original driver's 
11 license;
12   (C) $5 of the $30 fee for a 4 year renewal driver's 
13 license;

14   (D) $4 of the $8 fee for a restricted driving 
15 permit; and
16   (E) $4 of the $8 fee for a monitoring device 
17 driving permit. 
18  2. $30 of the $250 fee for reinstatement of a
license

19 summarily suspended under Section 11-501.1 or suspended 
20 under Section 11-501.9 shall be deposited into the
Drunk 
21 and Drugged Driving Prevention Fund.
However, for a person 
22 whose license or privilege to operate a motor vehicle
in 
23 this State has been suspended or revoked for a second or 
24 subsequent time for
a violation of Section 11-501, 
25 11-501.1, or 11-501.9 of this Code or Section 9-3 of the

26 Criminal Code of 1961 or the Criminal Code of 2012,
$190 of 
 
 
10300HB3817sam002- 683 -LRB103 30519 JDS 62533 a


1 the $500 fee for reinstatement of a license summarily

2 suspended under
Section 11-501.1 or suspended under 
3 Section 11-501.9,
and $190 of the $500 fee for 
4 reinstatement of a revoked license
shall be deposited into 
5 the Drunk and Drugged Driving Prevention Fund. $190 of the 
6 $500 fee for reinstatement of a license summarily revoked 
7 pursuant to Section 11-501.1 shall be deposited into the 
8 Drunk and Drugged Driving Prevention Fund.
9  3. $6 of the original or renewal fee for a commercial 
10 driver's
license and $6 of the commercial learner's permit 
11 fee when the
permit is issued to any person holding a valid 
12 Illinois driver's license,
shall be paid into the 
13 CDLIS/AAMVAnet/NMVTIS Trust Fund.
14  4. $30 of the $70 fee for reinstatement of a license 
15 suspended
under the
Family
Financial Responsibility Law 
16 shall be paid into the Family Responsibility
Fund.
17  5. The $5 fee for each original or renewal M or L 
18 endorsement shall be
deposited into the Cycle Rider Safety 
19 Training Fund.
20  6. $20 of any original or renewal fee for a commercial 
21 driver's
license or commercial learner's permit shall be 
22 paid into the Motor
Carrier Safety Inspection Fund.
23  7. The following amounts shall be paid into the 
24 General Revenue Fund:
25   (A) $190 of the $250 reinstatement fee for a 
26 summary suspension under
Section 11-501.1 or a 
 
 
10300HB3817sam002- 684 -LRB103 30519 JDS 62533 a


1 suspension under Section 11-501.9;
2   (B) $40 of the $70 reinstatement fee for any other 
3 suspension provided
in subsection (b) of this Section; 
4 and
5   (C) $440 of the $500 reinstatement fee for a first 
6 offense revocation
and $310 of the $500 reinstatement 
7 fee for a second or subsequent revocation.
8  8. Fees collected under paragraph (4) of subsection 
9 (d) and subsection (h) of Section 6-205 of this Code; 
10 subparagraph (C) of paragraph 3 of subsection (c) of 
11 Section 6-206 of this Code; and paragraph (4) of 
12 subsection (a) of Section 6-206.1 of this Code, shall be 
13 paid into the funds set forth in those Sections. 
14 (d) All of the proceeds of the additional fees imposed by 
15this amendatory Act of the 96th General Assembly shall be 
16deposited into the Capital Projects Fund. 
17 (e) The additional fees imposed by this amendatory Act of 
18the 96th General Assembly shall become effective 90 days after 
19becoming law. The additional fees imposed by this amendatory 
20Act of the 103rd General Assembly shall become effective July 
211, 2023 and shall be paid into the Secretary of State Special 
22Services Fund. 
23 (f) As used in this Section, "active-duty member of the 
24United States Armed Forces" means a member of the Armed 
25Services or Reserve Forces of the United States or a member of 
26the Illinois National Guard who is called to active duty 
 
 
10300HB3817sam002- 685 -LRB103 30519 JDS 62533 a


1pursuant to an executive order of the President of the United 
2States, an act of the Congress of the United States, or an 
3order of the Governor. 
4(Source: P.A. 100-590, eff. 6-8-18; 100-803, eff. 1-1-19; 
5101-81, eff. 7-12-19.)

6
ARTICLE 99. 


7 Section 99-5. The State Employees Group Insurance Act of 
81971 is amended by changing Section 6.11 and adding Sections 
96.11B and 6.11C as follows:



10 (5 ILCS 375/6.11)

11 (Text of Section before amendment by P.A. 102-768)
12 Sec. 6.11. Required health benefits; Illinois Insurance 
13Code
requirements.  The program of health
benefits shall 
14provide the post-mastectomy care benefits required to be 
15covered
by a policy of accident and health insurance under 
16Section 356t of the Illinois
Insurance Code. The program of 
17health benefits shall provide the coverage
required under 
18Sections 356g, 356g.5, 356g.5-1, 356m, 356q,
356u, 356w, 356x, 
19356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 
20356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 
21356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 
22356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, 
23356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 of 
 
 
10300HB3817sam002- 686 -LRB103 30519 JDS 62533 a


1the
Illinois Insurance Code.
The program of health benefits 
2must comply with Sections 155.22a, 155.37, 355b, 356z.19, 
3370c, and 370c.1 and Article XXXIIB of the
Illinois Insurance 
4Code. The program of health benefits shall provide the 
5coverage required under Section 356m of the Illinois Insurance 
6Code and, for the employees of the State Employee Group 
7Insurance Program only, the coverage as also provided in 
8Section 6.11B of this Act. The Department of Insurance shall 
9enforce the requirements of this Section with respect to 
10Sections 370c and 370c.1 of the Illinois Insurance Code; all 
11other requirements of this Section shall be enforced by the 
12Department of Central Management Services.

13 Rulemaking authority to implement Public Act 95-1045, if 
14any, is conditioned on the rules being adopted in accordance 
15with all provisions of the Illinois Administrative Procedure 
16Act and all rules and procedures of the Joint Committee on 
17Administrative Rules; any purported rule not so adopted, for 
18whatever reason, is unauthorized. 
19(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20; 
20101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. 
211-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103, 
22eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 
23102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 
241-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, 
25eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 
26revised 12-13-22.)

 
 
10300HB3817sam002- 687 -LRB103 30519 JDS 62533 a


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

 
 
10300HB3817sam002- 688 -LRB103 30519 JDS 62533 a


1 Rulemaking authority to implement Public Act 95-1045, if 
2any, is conditioned on the rules being adopted in accordance 
3with all provisions of the Illinois Administrative Procedure 
4Act and all rules and procedures of the Joint Committee on 
5Administrative Rules; any purported rule not so adopted, for 
6whatever reason, is unauthorized. 
7(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20; 
8101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. 
91-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103, 
10eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 
11102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 
121-1-23; 102-768, eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, 
13eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 
14102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.)

15 (5 ILCS 375/6.11B new)
16 Sec. 6.11B. Infertility coverage.
17 (a) Beginning on January 1, 2024, the State Employees 
18Group Insurance Program shall provide coverage for the 
19diagnosis and treatment of infertility, including, but not 
20limited to, in vitro fertilization, uterine embryo lavage, 
21embryo transfer, artificial insemination, gamete 
22intrafallopian tube transfer, zygote intrafallopian tube 
23transfer, and low tubal ovum transfer. The coverage required 
24shall include procedures necessary to screen or diagnose a 
25fertilized egg before implantation, including, but not limited 
 
 
10300HB3817sam002- 689 -LRB103 30519 JDS 62533 a


1to, preimplantation genetic diagnosis, preimplantation genetic 
2screening, and prenatal genetic diagnosis.
3 (b) Beginning on January 1, 2024, coverage under this 
4Section for procedures for in vitro fertilization, gamete 
5intrafallopian tube transfer, or zygote intrafallopian tube 
6transfer shall be required only if the procedures:
7  (1) are considered medically appropriate based on 
8 clinical guidelines or standards developed by the American 
9 Society for Reproductive Medicine, the American College of 
10 Obstetricians and Gynecologists, or the Society for 
11 Assisted Reproductive Technology; and
12  (2) are performed at medical facilities or clinics 
13 that conform to the American College of Obstetricians and 
14 Gynecologists guidelines for in vitro fertilization or the 
15 American Society for Reproductive Medicine minimum 
16 standards for practices offering assisted reproductive 
17 technologies. 
18 (c) Beginning on January 1, 2024, coverage under this 
19Section for procedures for in vitro fertilization, gamete

20intrafallopian tube transfer, or zygote intrafallopian tube 
21transfer shall
be required only if: 
22  (1) the covered individual has been unable to attain a 
23 viable pregnancy, maintain a viable pregnancy, or sustain 
24 a
successful pregnancy through reasonable, less costly 
25 medically appropriate
infertility treatments for which 
26 coverage is available under the policy,
plan, or contract;
 
 
10300HB3817sam002- 690 -LRB103 30519 JDS 62533 a


1  (2) the covered individual has not undergone 4 
2 completed oocyte
retrievals, except that if a live birth 
3 follows a completed oocyte
retrieval, then 2 more 
4 completed oocyte retrievals shall be covered; and
5  (3) the procedures are performed at medical facilities 
6 that conform to
the American College of Obstetric and 
7 Gynecology guidelines for in vitro
fertilization clinics 
8 or to the American Fertility Society minimal
standards for 
9 programs of in vitro fertilization. 
10 (d) As used in this Section, "infertility" means a 
11disease, condition, or status characterized by: 
12  (1) a failure to establish a pregnancy or to carry a 
13 pregnancy to live birth after 12 months of regular, 
14 unprotected sexual intercourse if the woman is 35 years of 
15 age or younger, or after 6 months of regular, unprotected 
16 sexual intercourse if the woman is over 35 years of age; 
17 conceiving but having a miscarriage does not restart the 
18 12-month or 6-month term for determining infertility;
19  (2) a person's inability to reproduce either as a 
20 single individual or with a partner without medical 
21 intervention; or
22  (3) a licensed physician's findings based on a 
23 patient's medical, sexual, and reproductive history, age, 
24 physical findings, or diagnostic testing. 
25 (e) The State Employees Group Insurance Program may not 
26impose any exclusions, limitations, or other restrictions on 
 
 
10300HB3817sam002- 691 -LRB103 30519 JDS 62533 a


1coverage of fertility medications that are different from 
2those imposed on any other prescription medications, nor may 
3it impose any exclusions, limitations, or other restrictions 
4on coverage of any fertility services based on a covered 
5individual's participation in fertility services provided by 
6or to a third party, nor may it impose deductibles, 
7copayments, coinsurance, benefit maximums, waiting periods, or 
8any other limitations on coverage for the diagnosis of 
9infertility, treatment for infertility, and standard fertility 
10preservation services, except as provided in this Section, 
11that are different from those imposed upon benefits for 
12services not related to infertility. 

13 (5 ILCS 375/6.11C new)
14 Sec. 6.11C. Coverage for injectable medicines to improve 
15glucose or weight loss. Beginning on January 1, 2024, the 
16State Employees Group Insurance Program shall provide coverage 
17for all types of injectable medicines prescribed on-label or 
18off-label to improve glucose or weight loss for use by adults 
19diagnosed or previously diagnosed with prediabetes, 
20gestational diabetes, or obesity. To continue to qualify for 
21coverage under this Section, covered members must participate 
22in a lifestyle management plan administered by their health 
23plan. This Section does not apply to individuals covered by a 
24Medicare Advantage Prescription Drug Plan.

 
 
10300HB3817sam002- 692 -LRB103 30519 JDS 62533 a


1
ARTICLE 100. 


2 Section 100-5. The Counties Code is amended by changing 
3Section 3-4014 as follows:

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

 
 
10300HB3817sam002- 693 -LRB103 30519 JDS 62533 a


1(Source: P.A. 102-1104, eff. 12-6-22.)

2
ARTICLE 105. 


3 Section 105-5. The School Code is amended by changing 
4Section 2-3.192 as follows:

5 (105 ILCS 5/2-3.192)
6 (Section scheduled to be repealed on July 1, 2023)
7 Sec. 2-3.192. Significant loss grant program. Subject to 
8specific State appropriation, the State Board shall make 
9Significant Loss Grants available to school districts that 
10meet all of the following requirements:
11  (1) The district has been affected by a recent 
12 substantial loss of contributions from a single taxpayer 
13 that resulted in either a significant loss of the overall 
14 district Equalized Assessed Value or a significant loss in 
15 property tax revenue from January 1, 2018 through the 
16 effective date of this amendatory Act of the 102nd General 
17 Assembly.
18  (2) The district's total equalized assessed value is 
19 significantly derived from a single taxpayer.
20  (3) The district's administrative office is located in 
21 a county with less than 30,000 inhabitants.
22  (4) The district has a total student enrollment of 
23 less than 500 students as published on the most recent 
 
 
10300HB3817sam002- 694 -LRB103 30519 JDS 62533 a


1 Illinois School Report Card.
2  (5) The district has a low income concentration of at 
3 least 45% as published on the most recent Illinois School 
4 Report Card.
5 The Professional Review Panel shall make recommendations 
6to the State Board regarding grant eligibility and 
7allocations. The State Board shall determine grant eligibility 
8and allocations.
This Section is repealed on July 1, 2024 
92023.

10(Source: P.A. 102-699, eff. 4-19-22.)

11
ARTICLE 110. 


12 Section 110-5. The Illinois Gambling Act is amended by 
13changing Section 13 as follows:




14 (230 ILCS 10/13) (from Ch. 120, par. 2413)


15 Sec. 13. Wagering tax; rate; distribution. 

16 (a) Until January 1, 1998, a tax is imposed on the adjusted 
17gross
receipts received from gambling games authorized under 
18this Act at the rate of
20%.

19 (a-1) From January 1, 1998 until July 1, 2002, a privilege 
20tax is
imposed on persons engaged in the business of 
21conducting riverboat gambling
operations, based on the 
22adjusted gross receipts received by a licensed owner
from 
23gambling games authorized under this Act at the following 
 
 
10300HB3817sam002- 695 -LRB103 30519 JDS 62533 a


1rates:


2  15% of annual adjusted gross receipts up to and 
3 including $25,000,000;


4  20% of annual adjusted gross receipts in excess of 
5 $25,000,000 but not
exceeding $50,000,000;


6  25% of annual adjusted gross receipts in excess of 
7 $50,000,000 but not
exceeding $75,000,000;


8  30% of annual adjusted gross receipts in excess of 
9 $75,000,000 but not
exceeding $100,000,000;


10  35% of annual adjusted gross receipts in excess of 
11 $100,000,000.

12 (a-2) From July 1, 2002 until July 1, 2003, a privilege tax 
13is imposed on
persons engaged in the business of conducting 
14riverboat gambling operations,
other than licensed managers 
15conducting riverboat gambling operations on behalf
of the 
16State, based on the adjusted gross receipts received by a 
17licensed
owner from gambling games authorized under this Act 
18at the following rates:


19  15% of annual adjusted gross receipts up to and 
20 including $25,000,000;


21  22.5% of annual adjusted gross receipts in excess of 
22 $25,000,000 but not
exceeding $50,000,000;


23  27.5% of annual adjusted gross receipts in excess of 
24 $50,000,000 but not
exceeding $75,000,000;


25  32.5% of annual adjusted gross receipts in excess of 
26 $75,000,000 but not
exceeding $100,000,000;


 
 
10300HB3817sam002- 696 -LRB103 30519 JDS 62533 a


1  37.5% of annual adjusted gross receipts in excess of 
2 $100,000,000 but not
exceeding $150,000,000;


3  45% of annual adjusted gross receipts in excess of 
4 $150,000,000 but not
exceeding $200,000,000;


5  50% of annual adjusted gross receipts in excess of 
6 $200,000,000.

7 (a-3) Beginning July 1, 2003, a privilege tax is imposed 
8on persons engaged
in the business of conducting riverboat 
9gambling operations, other than
licensed managers conducting 
10riverboat gambling operations on behalf of the
State, based on 
11the adjusted gross receipts received by a licensed owner from

12gambling games authorized under this Act at the following 
13rates:


14  15% of annual adjusted gross receipts up to and 
15 including $25,000,000;


16  27.5% of annual adjusted gross receipts in excess of 
17 $25,000,000 but not
exceeding $37,500,000;


18  32.5% of annual adjusted gross receipts in excess of 
19 $37,500,000 but not
exceeding $50,000,000;


20  37.5% of annual adjusted gross receipts in excess of 
21 $50,000,000 but not
exceeding $75,000,000;


22  45% of annual adjusted gross receipts in excess of 
23 $75,000,000 but not
exceeding $100,000,000;


24  50% of annual adjusted gross receipts in excess of 
25 $100,000,000 but not
exceeding $250,000,000;


26  70% of annual adjusted gross receipts in excess of 
 
 
10300HB3817sam002- 697 -LRB103 30519 JDS 62533 a


1 $250,000,000.

2 An amount equal to the amount of wagering taxes collected 
3under this
subsection (a-3) that are in addition to the amount 
4of wagering taxes that
would have been collected if the 
5wagering tax rates under subsection (a-2)
were in effect shall 
6be paid into the Common School Fund.

7 The privilege tax imposed under this subsection (a-3) 
8shall no longer be
imposed beginning on the earlier of (i) July 
91, 2005; (ii) the first date
after June 20, 2003 that riverboat 
10gambling operations are conducted
pursuant to a dormant 
11license; or (iii) the first day that riverboat gambling

12operations are conducted under the authority of an owners 
13license that is in
addition to the 10 owners licenses 
14initially authorized under this Act.
For the purposes of this 
15subsection (a-3), the term "dormant license"
means an owners 
16license that is authorized by this Act under which no

17riverboat gambling operations are being conducted on June 20, 
182003.

19 (a-4) Beginning on the first day on which the tax imposed 
20under
subsection (a-3) is no longer imposed and ending upon 
21the imposition of the privilege tax under subsection (a-5) of 
22this Section, a privilege tax is imposed on persons
engaged in 
23the business of conducting gambling operations, other
than 
24licensed managers conducting riverboat gambling operations on 
25behalf of
the State, based on the adjusted gross receipts 
26received by a licensed owner
from gambling games authorized 
 
 
10300HB3817sam002- 698 -LRB103 30519 JDS 62533 a


1under this Act at the following rates:


2  15% of annual adjusted gross receipts up to and 
3 including $25,000,000;


4  22.5% of annual adjusted gross receipts in excess of 
5 $25,000,000 but not
exceeding $50,000,000;


6  27.5% of annual adjusted gross receipts in excess of 
7 $50,000,000 but not
exceeding $75,000,000;


8  32.5% of annual adjusted gross receipts in excess of 
9 $75,000,000 but not
exceeding $100,000,000;


10  37.5% of annual adjusted gross receipts in excess of 
11 $100,000,000 but not
exceeding $150,000,000;


12  45% of annual adjusted gross receipts in excess of 
13 $150,000,000 but not
exceeding $200,000,000;


14  50% of annual adjusted gross receipts in excess of 
15 $200,000,000.

16 For the imposition of the privilege tax in this subsection 
17(a-4), amounts paid pursuant to item (1) of subsection (b) of 
18Section 56 of the Illinois Horse Racing Act of 1975 shall not 
19be included in the determination of adjusted gross receipts. 
20 (a-5)(1) Beginning on July 1, 2020, a privilege tax is 
21imposed on persons engaged in the business of conducting 
22gambling operations, other than the owners licensee under 
23paragraph (1) of subsection (e-5) of Section 7 and licensed 
24managers conducting riverboat gambling operations on behalf of 
25the State, based on the adjusted gross receipts received by 
26such licensee from the gambling games authorized under this 
 
 
10300HB3817sam002- 699 -LRB103 30519 JDS 62533 a


1Act. The privilege tax for all gambling games other than table 
2games, including, but not limited to, slot machines, video 
3game of chance gambling, and electronic gambling games shall 
4be at the following rates:
5  15% of annual adjusted gross receipts up to and 
6 including $25,000,000;
7  22.5% of annual adjusted gross receipts in excess of 
8 $25,000,000 but not exceeding $50,000,000;
9  27.5% of annual adjusted gross receipts in excess of 
10 $50,000,000 but not exceeding $75,000,000;
11  32.5% of annual adjusted gross receipts in excess of 
12 $75,000,000 but not exceeding $100,000,000;
13  37.5% of annual adjusted gross receipts in excess of 
14 $100,000,000 but not exceeding $150,000,000;
15  45% of annual adjusted gross receipts in excess of 
16 $150,000,000 but not exceeding $200,000,000;
17  50% of annual adjusted gross receipts in excess of 
18 $200,000,000.
19 The privilege tax for table games shall be at the 
20following rates:
21  15% of annual adjusted gross receipts up to and 
22 including $25,000,000;
23  20% of annual adjusted gross receipts in excess of 
24 $25,000,000.
25 For the imposition of the privilege tax in this subsection 
26(a-5), amounts paid pursuant to item (1) of subsection (b) of 
 
 
10300HB3817sam002- 700 -LRB103 30519 JDS 62533 a


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

17 including $25,000,000 to the State and 10.5% of annual 
18 adjusted gross receipts up to and including $25,000,000 to 
19 the City of Chicago;
20  16% of annual adjusted gross receipts in excess of

21 $25,000,000 but not exceeding $50,000,000 to the State and 
22 14% of annual adjusted gross receipts in excess of 
23 $25,000,000 but not exceeding $50,000,000 to the City of 
24 Chicago;
25  20.1% of annual adjusted gross receipts in excess of

26 $50,000,000 but not exceeding $75,000,000 to the State and 
 
 
10300HB3817sam002- 701 -LRB103 30519 JDS 62533 a


1 17.4% of annual adjusted gross receipts in excess of 
2 $50,000,000 but not exceeding $75,000,000 to the City of 
3 Chicago;
4  21.4% of annual adjusted gross receipts in excess of

5 $75,000,000 but not exceeding $100,000,000 to the State 
6 and 18.6% of annual adjusted gross receipts in excess of 
7 $75,000,000 but not exceeding $100,000,000 to the City of 
8 Chicago;
9  22.7% of annual adjusted gross receipts in excess of

10 $100,000,000 but not exceeding $150,000,000 to the State 
11 and 19.8% of annual adjusted gross receipts in excess of 
12 $100,000,000 but not exceeding $150,000,000 to the City of 
13 Chicago;
14  24.1% of annual adjusted gross receipts in excess of

15 $150,000,000 but not exceeding $225,000,000 to the State 
16 and 20.9% of annual adjusted gross receipts in excess of 
17 $150,000,000 but not exceeding $225,000,000 to the City of 
18 Chicago;
19  26.8% of annual adjusted gross receipts in excess of

20 $225,000,000 but not exceeding $1,000,000,000 to the State 
21 and 23.2% of annual adjusted gross receipts in excess of 
22 $225,000,000 but not exceeding $1,000,000,000 to the City 
23 of Chicago;
24  40% of annual adjusted gross receipts in excess of 
25 $1,000,000,000 to the State and 34.7% of annual gross 
26 receipts in excess of $1,000,000,000 to the City of 
 
 
10300HB3817sam002- 702 -LRB103 30519 JDS 62533 a


1 Chicago.
2 The privilege tax for table games shall be at the 
3following rates:
4  8.1% of annual adjusted gross receipts up to and 
5 including $25,000,000 to the State and 6.9% of annual 
6 adjusted gross receipts up to and including $25,000,000 to 
7 the City of Chicago;
8  10.7% of annual adjusted gross receipts in excess of 
9 $25,000,000 but not exceeding $75,000,000 to the State and 
10 9.3% of annual adjusted gross receipts in excess of 
11 $25,000,000 but not exceeding $75,000,000 to the City of 
12 Chicago;
13  11.2% of annual adjusted gross receipts in excess of 
14 $75,000,000 but not exceeding $175,000,000 to the State 
15 and 9.8% of annual adjusted gross receipts in excess of 
16 $75,000,000 but not exceeding $175,000,000 to the City of 
17 Chicago;
18  13.5% of annual adjusted gross receipts in excess of 
19 $175,000,000 but not exceeding $225,000,000 to the State 
20 and 11.5% of annual adjusted gross receipts in excess of 
21 $175,000,000 but not exceeding $225,000,000 to the City of 
22 Chicago;
23  15.1% of annual adjusted gross receipts in excess of 
24 $225,000,000 but not exceeding $275,000,000 to the State 
25 and 12.9% of annual adjusted gross receipts in excess of 
26 $225,000,000 but not exceeding $275,000,000 to the City of 
 
 
10300HB3817sam002- 703 -LRB103 30519 JDS 62533 a


1 Chicago;
2  16.2% of annual adjusted gross receipts in excess of 
3 $275,000,000 but not exceeding $375,000,000 to the State 
4 and 13.8% of annual adjusted gross receipts in excess of 
5 $275,000,000 but not exceeding $375,000,000 to the City of 
6 Chicago;
7  18.9% of annual adjusted gross receipts in excess of 
8 $375,000,000 to the State and 16.1% of annual gross 
9 receipts in excess of $375,000,000 to the City of Chicago. 
10 For the imposition of the privilege tax in this subsection 
11(a-5), amounts paid pursuant to item (1) of subsection (b) of 
12Section 56 of the Illinois Horse Racing Act of 1975 shall not 
13be included in the determination of adjusted gross receipts. 
14 (3) Notwithstanding the provisions of this subsection 
15(a-5), for the first 10 years that the privilege tax is imposed 
16under this subsection (a-5) or until the year preceding the 
17calendar year in which paragraph (4) becomes operative, 
18whichever occurs first, the privilege tax shall be imposed on 
19the modified annual adjusted gross receipts of a riverboat or 
20casino conducting gambling operations in the City of East St. 
21Louis, unless:
22  (1) the riverboat or casino fails to employ at least 
23 450 people, except no minimum employment shall be required 
24 during 2020 and 2021 or during periods that the riverboat 
25 or casino is closed on orders of State officials for 
26 public health emergencies or other emergencies not caused 
 
 
10300HB3817sam002- 704 -LRB103 30519 JDS 62533 a


1 by the riverboat or casino;
2  (2) the riverboat or casino fails to maintain 
3 operations in a manner consistent with this Act or is not a 
4 viable riverboat or casino subject to the approval of the 
5 Board; or
6  (3) the owners licensee is not an entity in which 
7 employees participate in an employee stock ownership plan 
8 or in which the owners licensee sponsors a 401(k) 
9 retirement plan and makes a matching employer contribution 
10 equal to at least one-quarter of the first 12% or one-half 
11 of the first 6% of each participating employee's 
12 contribution, not to exceed any limitations under federal 
13 laws and regulations. 
14 (4) Notwithstanding the provisions of this subsection 
15(a-5), for 10 calendar years beginning in the year that 
16gambling operations commence either in a temporary or 
17permanent facility at an organization gaming facility located 
18in the City of Collinsville if the facility commences 
19operations within 3 years of the effective date of this 
20amendatory Act of the 103rd General Assembly, the privilege 
21tax imposed under this subsection (a-5) on a riverboat or 
22casino conducting gambling operations in the City of East St. 
23Louis shall be reduced, if applicable, by an amount equal to 
24the difference in adjusted gross receipts for the 2022 
25calendar year less the current year's adjusted gross receipts, 
26unless:
 
 
10300HB3817sam002- 705 -LRB103 30519 JDS 62533 a


1  (A) the riverboat or casino fails to employ at least 
2 350 people, except that no minimum employment shall be 
3 required during periods that the riverboat or casino is 
4 closed on orders of State officials for public health 
5 emergencies or other emergencies not caused by the 
6 riverboat or casino;
7  (B) the riverboat or casino fails to maintain 
8 operations in a manner consistent with this Act or is not a 
9 viable riverboat or casino subject to the approval of the 
10 Board; or
11  (C) the riverboat or casino fails to submit audited 
12 financial statements to the Board prepared by an 
13 accounting firm that has been preapproved by the Board and 
14 such statements were prepared in accordance with the 
15 provisions of the Financial Accounting Standards Board 
16 Accounting Standards Codification under nongovernmental 
17 accounting principles generally accepted in the United 
18 States. 
19 As used in this subsection (a-5), "modified annual 
20adjusted gross receipts" means:
21  (A) for calendar year 2020, the annual adjusted gross 
22 receipts for the current year minus the difference between 
23 an amount equal to the average annual adjusted gross 
24 receipts from a riverboat or casino conducting gambling 
25 operations in the City of East St. Louis for 2014, 2015, 
26 2016, 2017, and 2018 and the annual adjusted gross 
 
 
10300HB3817sam002- 706 -LRB103 30519 JDS 62533 a


1 receipts for 2018; 
2  (B) for calendar year 2021, the annual adjusted gross 
3 receipts for the current year minus the difference between 
4 an amount equal to the average annual adjusted gross 
5 receipts from a riverboat or casino conducting gambling 
6 operations in the City of East St. Louis for 2014, 2015, 
7 2016, 2017, and 2018 and the annual adjusted gross 
8 receipts for 2019; and 
9  (C) for calendar years 2022 through 2029, the annual 
10 adjusted gross receipts for the current year minus the 
11 difference between an amount equal to the average annual 
12 adjusted gross receipts from a riverboat or casino 
13 conducting gambling operations in the City of East St. 
14 Louis for 3 years preceding the current year and the 
15 annual adjusted gross receipts for the immediately 
16 preceding year. 
17 (a-6) From June 28, 2019 (the effective date of Public Act 
18101-31) until June 30, 2023, an owners licensee that conducted 
19gambling operations prior to January 1, 2011 shall receive a 
20dollar-for-dollar credit against the tax imposed under this 
21Section for any renovation or construction costs paid by the 
22owners licensee, but in no event shall the credit exceed 
23$2,000,000.
24 Additionally, from June 28, 2019 (the effective date of 
25Public Act 101-31) until December 31, 2024, an owners licensee 
26that (i) is located within 15 miles of the Missouri border, and 
 
 
10300HB3817sam002- 707 -LRB103 30519 JDS 62533 a


1(ii) has at least 3 riverboats, casinos, or their equivalent 
2within a 45-mile radius, may be authorized to relocate to a new 
3location with the approval of both the unit of local 
4government designated as the home dock and the Board, so long 
5as the new location is within the same unit of local government 
6and no more than 3 miles away from its original location. Such 
7owners licensee shall receive a credit against the tax imposed 
8under this Section equal to 8% of the total project costs, as 
9approved by the Board, for any renovation or construction 
10costs paid by the owners licensee for the construction of the 
11new facility, provided that the new facility is operational by 
12July 1, 2024. In determining whether or not to approve a 
13relocation, the Board must consider the extent to which the 
14relocation will diminish the gaming revenues received by other 
15Illinois gaming facilities.
16 (a-7) Beginning in the initial adjustment year and through 
17the final adjustment year, if the total obligation imposed 
18pursuant to either subsection (a-5) or (a-6) will result in an 
19owners licensee receiving less after-tax adjusted gross 
20receipts than it received in calendar year 2018, then the 
21total amount of privilege taxes that the owners licensee is 
22required to pay for that calendar year shall be reduced to the 
23extent necessary so that the after-tax adjusted gross receipts 
24in that calendar year equals the after-tax adjusted gross 
25receipts in calendar year 2018, but the privilege tax 
26reduction shall not exceed the annual adjustment cap. If 
 
 
10300HB3817sam002- 708 -LRB103 30519 JDS 62533 a


1pursuant to this subsection (a-7), the total obligation 
2imposed pursuant to either subsection (a-5) or (a-6) shall be 
3reduced, then the owners licensee shall not receive a refund 
4from the State at the end of the subject calendar year but 
5instead shall be able to apply that amount as a credit against 
6any payments it owes to the State in the following calendar 
7year to satisfy its total obligation under either subsection 
8(a-5) or (a-6). The credit for the final adjustment year shall 
9occur in the calendar year following the final adjustment 
10year.
11 If an owners licensee that conducted gambling operations 
12prior to January 1, 2019 expands its riverboat or casino, 
13including, but not limited to, with respect to its gaming 
14floor, additional non-gaming amenities such as restaurants, 
15bars, and hotels and other additional facilities, and incurs 
16construction and other costs related to such expansion from 
17June 28, 2019 (the effective date of Public Act 101-31) until 
18June 28, 2024 (the 5th anniversary of the effective date of 
19Public Act 101-31), then for each $15,000,000 spent for any 
20such construction or other costs related to expansion paid by 
21the owners licensee, the final adjustment year shall be 
22extended by one year and the annual adjustment cap shall 
23increase by 0.2% of adjusted gross receipts during each 
24calendar year until and including the final adjustment year. 
25No further modifications to the final adjustment year or 
26annual adjustment cap shall be made after $75,000,000 is 
 
 
10300HB3817sam002- 709 -LRB103 30519 JDS 62533 a


1incurred in construction or other costs related to expansion 
2so that the final adjustment year shall not extend beyond the 
39th calendar year after the initial adjustment year, not 
4including the initial adjustment year, and the annual 
5adjustment cap shall not exceed 4% of adjusted gross receipts 
6in a particular calendar year. Construction and other costs 
7related to expansion shall include all project related costs, 
8including, but not limited to, all hard and soft costs, 
9financing costs, on or off-site ground, road or utility work, 
10cost of gaming equipment and all other personal property, 
11initial fees assessed for each incremental gaming position, 
12and the cost of incremental land acquired for such expansion. 
13Soft costs shall include, but not be limited to, legal fees, 
14architect, engineering and design costs, other consultant 
15costs, insurance cost, permitting costs, and pre-opening costs 
16related to the expansion, including, but not limited to, any 
17of the following: marketing, real estate taxes, personnel, 
18training, travel and out-of-pocket expenses, supply, 
19inventory, and other costs, and any other project related soft 
20costs. 
21 To be eligible for the tax credits in subsection (a-6), 
22all construction contracts shall include a requirement that 
23the contractor enter into a project labor agreement with the 
24building and construction trades council with geographic 
25jurisdiction of the location of the proposed gaming facility.
26 Notwithstanding any other provision of this subsection 
 
 
10300HB3817sam002- 710 -LRB103 30519 JDS 62533 a


1(a-7), this subsection (a-7) does not apply to an owners 
2licensee unless such owners licensee spends at least 
3$15,000,000 on construction and other costs related to its 
4expansion, excluding the initial fees assessed for each 
5incremental gaming position. 
6 This subsection (a-7) does not apply to owners licensees

7authorized pursuant to subsection (e-5) of Section 7 of this

8Act.
9 For purposes of this subsection (a-7):
10 "Building and construction trades council" means any 
11organization representing multiple construction entities that 
12are monitoring or attentive to compliance with public or 
13workers' safety laws, wage and hour requirements, or other 
14statutory requirements or that are making or maintaining 
15collective bargaining agreements. 
16 "Initial adjustment year" means the year commencing on 
17January 1 of the calendar year immediately following the 
18earlier of the following: 
19  (1) the commencement of gambling operations, either in 
20 a temporary or permanent facility, with respect to the 
21 owners license authorized under paragraph (1) of 
22 subsection (e-5) of Section 7 of this Act; or
23  (2) June 28, 2021 (24 months after the effective date 
24 of Public Act 101-31); 
25provided the initial adjustment year shall not commence 
26earlier than June 28, 2020 (12 months after the effective date 
 
 
10300HB3817sam002- 711 -LRB103 30519 JDS 62533 a


1of Public Act 101-31). 
2 "Final adjustment year" means the 2nd calendar year after 
3the initial adjustment year, not including the initial 
4adjustment year, and as may be extended further as described 
5in this subsection (a-7). 
6 "Annual adjustment cap" means 3% of adjusted gross 
7receipts in a particular calendar year, and as may be 
8increased further as otherwise described in this subsection 
9(a-7). 
10 (a-8) Riverboat gambling operations conducted by a 
11licensed manager on
behalf of the State are not subject to the 
12tax imposed under this Section.

13 (a-9) Beginning on January 1, 2020, the calculation of 
14gross receipts or adjusted gross receipts, for the purposes of 
15this Section, for a riverboat, a casino, or an organization 
16gaming facility shall not include the dollar amount of 
17non-cashable vouchers, coupons, and electronic promotions 
18redeemed by wagerers upon the riverboat, in the casino, or in 
19the organization gaming facility up to and including an amount 
20not to exceed 20% of a riverboat's, a casino's, or an 
21organization gaming facility's adjusted gross receipts.
22 The Illinois Gaming Board shall submit to the General 
23Assembly a comprehensive report no later than March 31, 2023 
24detailing, at a minimum, the effect of removing non-cashable 
25vouchers, coupons, and electronic promotions from this 
26calculation on net gaming revenues to the State in calendar 
 
 
10300HB3817sam002- 712 -LRB103 30519 JDS 62533 a


1years 2020 through 2022, the increase or reduction in wagerers 
2as a result of removing non-cashable vouchers, coupons, and 
3electronic promotions from this calculation, the effect of the 
4tax rates in subsection (a-5) on net gaming revenues to this 
5State, and proposed modifications to the calculation. 
6 (a-10) The taxes imposed by this Section shall be paid by 
7the licensed
owner or the organization gaming licensee to the 
8Board not later than 5:00 o'clock p.m. of the day after the day

9when the wagers were made.

10 (a-15) If the privilege tax imposed under subsection (a-3) 
11is no longer imposed pursuant to item (i) of the last paragraph 
12of subsection (a-3), then by June 15 of each year, each owners 
13licensee, other than an owners licensee that admitted 
141,000,000 persons or
fewer in calendar year 2004, must, in 
15addition to the payment of all amounts otherwise due under 
16this Section, pay to the Board a reconciliation payment in the 
17amount, if any, by which the licensed owner's base amount 
18exceeds the amount of net privilege tax paid by the licensed 
19owner to the Board in the then current State fiscal year. A 
20licensed owner's net privilege tax obligation due for the 
21balance of the State fiscal year shall be reduced up to the 
22total of the amount paid by the licensed owner in its June 15 
23reconciliation payment. The obligation imposed by this 
24subsection (a-15) is binding on any person, firm, corporation, 
25or other entity that acquires an ownership interest in any 
26such owners license. The obligation imposed under this 
 
 
10300HB3817sam002- 713 -LRB103 30519 JDS 62533 a


1subsection (a-15) terminates on the earliest of: (i) July 1, 
22007, (ii) the first day after August 23, 2005 (the effective 
3date of Public Act 94-673) that riverboat gambling operations 
4are conducted pursuant to a dormant license, (iii) the first 
5day that riverboat gambling operations are conducted under the 
6authority of an owners license that is in addition to the 10 
7owners licenses initially authorized under this Act, or (iv) 
8the first day that a licensee under the Illinois Horse Racing 
9Act of 1975 conducts gaming operations with slot machines or 
10other electronic gaming devices. The Board must reduce the 
11obligation imposed under this subsection (a-15) by an amount 
12the Board deems reasonable for any of the following reasons: 
13(A) an act or acts of God, (B) an act of bioterrorism or 
14terrorism or a bioterrorism or terrorism threat that was 
15investigated by a law enforcement agency, or (C) a condition 
16beyond the control of the owners licensee that does not result 
17from any act or omission by the owners licensee or any of its 
18agents and that poses a hazardous threat to the health and 
19safety of patrons. If an owners licensee pays an amount in 
20excess of its liability under this Section, the Board shall 
21apply the overpayment to future payments required under this 
22Section.
23 For purposes of this subsection (a-15):
24 "Act of God" means an incident caused by the operation of 
25an extraordinary force that cannot be foreseen, that cannot be 
26avoided by the exercise of due care, and for which no person 
 
 
10300HB3817sam002- 714 -LRB103 30519 JDS 62533 a


1can be held liable.

2 "Base amount" means the following:
3  For a riverboat in Alton, $31,000,000.

4  For a riverboat in East Peoria, $43,000,000.

5  For the Empress riverboat in Joliet, $86,000,000.

6  For a riverboat in Metropolis, $45,000,000.

7  For the Harrah's riverboat in Joliet, $114,000,000.

8  For a riverboat in Aurora, $86,000,000.

9  For a riverboat in East St. Louis, $48,500,000.

10  For a riverboat in Elgin, $198,000,000.

11 "Dormant license" has the meaning ascribed to it in 
12subsection (a-3).

13 "Net privilege tax" means all privilege taxes paid by a 
14licensed owner to the Board under this Section, less all 
15payments made from the State Gaming Fund pursuant to 
16subsection (b) of this Section.
17 The changes made to this subsection (a-15) by Public Act 
1894-839 are intended to restate and clarify the intent of 
19Public Act 94-673 with respect to the amount of the payments 
20required to be made under this subsection by an owners 
21licensee to the Board.

22 (b) From the tax revenue from riverboat or casino gambling

23deposited in the State Gaming Fund under this Section, an 
24amount equal to 5% of
adjusted gross receipts generated by a 
25riverboat or a casino, other than a riverboat or casino 
26designated in paragraph (1), (3), or (4) of subsection (e-5) 
 
 
10300HB3817sam002- 715 -LRB103 30519 JDS 62533 a


1of Section 7, shall be paid monthly, subject
to appropriation 
2by the General Assembly, to the unit of local government in 
3which the casino is located or that
is designated as the home 
4dock of the riverboat. Notwithstanding anything to the 
5contrary, beginning on the first day that an owners licensee 
6under paragraph (1), (2), (3), (4), (5), or (6) of subsection 
7(e-5) of Section 7 conducts gambling operations, either in a 
8temporary facility or a permanent facility, and for 2 years 
9thereafter, a unit of local government designated as the home 
10dock of a riverboat whose license was issued before January 1, 
112019, other than a riverboat conducting gambling operations in 
12the City of East St. Louis, shall not receive less under this 
13subsection (b) than the amount the unit of local government 
14received under this subsection (b) in calendar year 2018. 
15Notwithstanding anything to the contrary and because the City 
16of East St. Louis is a financially distressed city, beginning 
17on the first day that an owners licensee under paragraph (1), 
18(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7 
19conducts gambling operations, either in a temporary facility 
20or a permanent facility, and for 10 years thereafter, a unit of 
21local government designated as the home dock of a riverboat 
22conducting gambling operations in the City of East St. Louis 
23shall not receive less under this subsection (b) than the 
24amount the unit of local government received under this 
25subsection (b) in calendar year 2018. 
26 From the tax revenue
deposited in the State Gaming Fund 
 
 
10300HB3817sam002- 716 -LRB103 30519 JDS 62533 a


1pursuant to riverboat or casino gambling operations
conducted 
2by a licensed manager on behalf of the State, an amount equal 
3to 5%
of adjusted gross receipts generated pursuant to those 
4riverboat or casino gambling
operations shall be paid monthly,

5subject to appropriation by the General Assembly, to the unit 
6of local
government that is designated as the home dock of the 
7riverboat upon which
those riverboat gambling operations are 
8conducted or in which the casino is located.
9 From the tax revenue from riverboat or casino gambling 
10deposited in the State Gaming Fund under this Section, an 
11amount equal to 5% of the adjusted gross receipts generated by 
12a riverboat designated in paragraph (3) of subsection (e-5) of 
13Section 7 shall be divided and remitted monthly, subject to 
14appropriation, as follows: 70% to Waukegan, 10% to Park City, 
1515% to North Chicago, and 5% to Lake County.
16 From the tax revenue from riverboat or casino gambling 
17deposited in the State Gaming Fund under this Section, an 
18amount equal to 5% of the adjusted gross receipts generated by 
19a riverboat designated in paragraph (4) of subsection (e-5) of 
20Section 7 shall be remitted monthly, subject to appropriation, 
21as follows: 70% to the City of Rockford, 5% to the City of 
22Loves Park, 5% to the Village of Machesney, and 20% to 
23Winnebago County.
24 From the tax revenue from riverboat or casino gambling 
25deposited in the State Gaming Fund under this Section, an 
26amount equal to 5% of the adjusted gross receipts generated by 
 
 
10300HB3817sam002- 717 -LRB103 30519 JDS 62533 a


1a riverboat designated in paragraph (5) of subsection (e-5) of 
2Section 7 shall be remitted monthly, subject to appropriation, 
3as follows: 2% to the unit of local government in which the 
4riverboat or casino is located, and 3% shall be distributed: 
5(A) in accordance with a regional capital development plan 
6entered into by the following communities: Village of Beecher, 
7City of Blue Island, Village of Burnham, City of Calumet City, 
8Village of Calumet Park, City of Chicago Heights, City of 
9Country Club Hills, Village of Crestwood, Village of Crete, 
10Village of Dixmoor, Village of Dolton, Village of East Hazel 
11Crest, Village of Flossmoor, Village of Ford Heights, Village 
12of Glenwood, City of Harvey, Village of Hazel Crest, Village 
13of Homewood, Village of Lansing, Village of Lynwood, City of 
14Markham, Village of Matteson, Village of Midlothian, Village 
15of Monee, City of Oak Forest, Village of Olympia Fields, 
16Village of Orland Hills, Village of Orland Park, City of Palos 
17Heights, Village of Park Forest, Village of Phoenix, Village 
18of Posen, Village of Richton Park, Village of Riverdale, 
19Village of Robbins, Village of Sauk Village, Village of South 
20Chicago Heights, Village of South Holland, Village of Steger, 
21Village of Thornton, Village of Tinley Park, Village of 
22University Park, and Village of Worth; or (B) if no regional 
23capital development plan exists, equally among the communities 
24listed in item (A) to be used for capital expenditures or 
25public pension payments, or both. 
26 Units of local government may refund any portion of the 
 
 
10300HB3817sam002- 718 -LRB103 30519 JDS 62533 a


1payment that they receive pursuant to this subsection (b) to 
2the riverboat or casino.

3 (b-4) Beginning on the first day the licensee under 
4paragraph (5) of subsection (e-5) of Section 7 conducts 
5gambling operations, either in a temporary facility or a 
6permanent facility, and ending on July 31, 2042, from the tax 
7revenue deposited in the State Gaming Fund under this Section, 
8$5,000,000 shall be paid annually, subject
to appropriation, 
9to the host municipality of that owners licensee of a license 
10issued or re-issued pursuant to Section
7.1 of this Act before 
11January 1, 2012. Payments received by the host municipality 
12pursuant to this subsection (b-4) may not be shared with any 
13other unit of local government. 
14 (b-5) Beginning on June 28, 2019 (the effective date of 
15Public Act 101-31), from the tax revenue
deposited in the 
16State Gaming Fund under this Section, an amount equal to 3% of

17adjusted gross receipts generated by each organization gaming 
18facility located outside Madison County shall be paid monthly, 
19subject
to appropriation by the General Assembly, to a 
20municipality other than the Village of Stickney in which each 
21organization gaming facility is located or, if the 
22organization gaming facility is not located within a 
23municipality, to the county in which the organization gaming 
24facility is located, except as otherwise provided in this 
25Section. From the tax revenue deposited in the State Gaming 
26Fund under this Section, an amount equal to 3% of adjusted 
 
 
10300HB3817sam002- 719 -LRB103 30519 JDS 62533 a


1gross receipts generated by an organization gaming facility 
2located in the Village of Stickney shall be paid monthly, 
3subject to appropriation by the General Assembly, as follows: 
425% to the Village of Stickney, 5% to the City of Berwyn, 50% 
5to the Town of Cicero, and 20% to the Stickney Public Health 
6District.
7 From the tax revenue deposited in the State Gaming Fund 
8under this Section, an amount equal to 5% of adjusted gross 
9receipts generated by an organization gaming facility located 
10in the City of Collinsville shall be paid monthly, subject to 
11appropriation by the General Assembly, as follows: 30% to the 
12City of Alton, 30% to the City of East St. Louis, and 40% to 
13the City of Collinsville. 
14 Municipalities and counties may refund any portion of the 
15payment that they receive pursuant to this subsection (b-5) to 
16the organization gaming facility. 
17 (b-6) Beginning on June 28, 2019 (the effective date of 
18Public Act 101-31), from the tax revenue deposited in the 
19State Gaming Fund under this Section, an amount equal to 2% of 
20adjusted gross receipts generated by an organization gaming 
21facility located outside Madison County shall be paid monthly, 
22subject to appropriation by the General Assembly, to the 
23county in which the organization gaming facility is located 
24for the purposes of its criminal justice system or health care 
25system. 
26 Counties may refund any portion of the payment that they 
 
 
10300HB3817sam002- 720 -LRB103 30519 JDS 62533 a


1receive pursuant to this subsection (b-6) to the organization 
2gaming facility. 
3 (b-7) From the tax revenue from the organization gaming 
4licensee located in one of the following townships of Cook 
5County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or 
6Worth, an amount equal to 5% of the adjusted gross receipts 
7generated by that organization gaming licensee shall be 
8remitted monthly, subject to appropriation, as follows: 2% to 
9the unit of local government in which the organization gaming 
10licensee is located, and 3% shall be distributed: (A) in 
11accordance with a regional capital development plan entered 
12into by the following communities: Village of Beecher, City of 
13Blue Island, Village of Burnham, City of Calumet City, Village 
14of Calumet Park, City of Chicago Heights, City of Country Club 
15Hills, Village of Crestwood, Village of Crete, Village of 
16Dixmoor, Village of Dolton, Village of East Hazel Crest, 
17Village of Flossmoor, Village of Ford Heights, Village of 
18Glenwood, City of Harvey, Village of Hazel Crest, Village of 
19Homewood, Village of Lansing, Village of Lynwood, City of 
20Markham, Village of Matteson, Village of Midlothian, Village 
21of Monee, City of Oak Forest, Village of Olympia Fields, 
22Village of Orland Hills, Village of Orland Park, City of Palos 
23Heights, Village of Park Forest, Village of Phoenix, Village 
24of Posen, Village of Richton Park, Village of Riverdale, 
25Village of Robbins, Village of Sauk Village, Village of South 
26Chicago Heights, Village of South Holland, Village of Steger, 
 
 
10300HB3817sam002- 721 -LRB103 30519 JDS 62533 a


1Village of Thornton, Village of Tinley Park, Village of 
2University Park, and Village of Worth; or (B) if no regional 
3capital development plan exists, equally among the communities 
4listed in item (A) to be used for capital expenditures or 
5public pension payments, or both. 
6 (b-8) In lieu of the payments under subsection (b) of this 
7Section, from the tax revenue deposited in the State Gaming

8Fund pursuant to riverboat or casino gambling operations 
9conducted by an owners licensee
under paragraph (1) of 
10subsection (e-5) of Section 7, an amount equal to the tax 
11revenue
generated from the privilege tax imposed by paragraph 
12(2) of subsection (a-5) that is to be
paid to the City of 
13Chicago shall be paid monthly, subject
to appropriation by the 
14General Assembly, as follows: (1) an amount equal to 0.5% of 
15the annual adjusted gross receipts
generated by the owners 
16licensee under paragraph (1) of subsection (e-5) of Section 7 
17to the home rule county in which the owners licensee is located 
18for the purpose of enhancing
the county's criminal justice 
19system; and (2) the balance to the City of Chicago and shall be 
20expended or obligated by the City of Chicago for pension 
21payments in accordance with Public Act 99-506. 
22 (c) Appropriations, as approved by the General Assembly, 
23may be made
from the State Gaming Fund to the Board (i) for the 
24administration and enforcement of this Act and the Video 
25Gaming Act, (ii) for distribution to the Illinois State Police 
26and to the Department of Revenue for the enforcement of this 
 
 
10300HB3817sam002- 722 -LRB103 30519 JDS 62533 a


1Act and the Video Gaming Act, and (iii) to the
Department of 
2Human Services for the administration of programs to treat

3problem gambling, including problem gambling from sports 
4wagering. The Board's annual appropriations request must 
5separately state its funding needs for the regulation of 
6gaming authorized under Section 7.7, riverboat gaming, casino 
7gaming, video gaming, and sports wagering.

8 (c-2) An amount equal to 2% of the adjusted gross receipts 
9generated by an organization gaming facility located within a 
10home rule county with a population of over 3,000,000 
11inhabitants shall be paid, subject to appropriation
from the 
12General Assembly, from the State Gaming Fund to the home rule

13county in which the organization gaming licensee is located 
14for the purpose of
enhancing the county's criminal justice 
15system. 
16 (c-3) Appropriations, as approved by the General Assembly, 
17may be made from the tax revenue deposited into the State 
18Gaming Fund from organization gaming licensees pursuant to 
19this Section for the administration and enforcement of this 
20Act. 

21 (c-4) After payments required under subsections (b), 
22(b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from 
23the tax revenue from organization gaming licensees deposited 
24into the State Gaming Fund under this Section, all remaining 
25amounts from organization gaming licensees shall be 
26transferred into the Capital Projects Fund.
 
 
10300HB3817sam002- 723 -LRB103 30519 JDS 62533 a


1 (c-5) (Blank).

2 (c-10) Each year the General Assembly shall appropriate 
3from the General
Revenue Fund to the Education Assistance Fund 
4an amount equal to the amount
paid into the Horse Racing Equity 
5Fund pursuant to subsection (c-5) in the
prior calendar year.

6 (c-15) After the payments required under subsections (b), 
7(c), and (c-5)
have been made, an amount equal to 2% of the 
8adjusted gross receipts of (1)
an owners licensee that 
9relocates pursuant to Section 11.2, (2) an owners
licensee 
10conducting riverboat gambling operations pursuant to
an
owners 
11license that is initially issued after June 25, 1999,
or (3) 
12the first
riverboat gambling operations conducted by a 
13licensed manager on behalf of the
State under Section 7.3,

14whichever comes first, shall be paid, subject to appropriation

15from the General Assembly, from the State Gaming Fund to each 
16home rule
county with a population of over 3,000,000 
17inhabitants for the purpose of
enhancing the county's criminal 
18justice system.

19 (c-20) Each year the General Assembly shall appropriate 
20from the General
Revenue Fund to the Education Assistance Fund 
21an amount equal to the amount
paid to each home rule county 
22with a population of over 3,000,000 inhabitants
pursuant to 
23subsection (c-15) in the prior calendar year.

24 (c-21) After the payments required under subsections (b), 
25(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have 
26been made, an amount equal to 0.5% of the adjusted gross 
 
 
10300HB3817sam002- 724 -LRB103 30519 JDS 62533 a


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

20 On July 1, 2020 and each July 1 thereafter, $3,000,000 
21shall be transferred from the State Gaming Fund to the Chicago 
22State University Education Improvement Fund. 
23 (c-30) On July 1, 2013 or as soon as possible thereafter, 
24$92,000,000 shall be transferred from the State Gaming Fund to 
25the School Infrastructure Fund and $23,000,000 shall be 
26transferred from the State Gaming Fund to the Horse Racing 
 
 
10300HB3817sam002- 725 -LRB103 30519 JDS 62533 a


1Equity Fund. 
2 (c-35) Beginning on July 1, 2013, in addition to any 
3amount transferred under subsection (c-30) of this Section, 
4$5,530,000 shall be transferred monthly from the State Gaming 
5Fund to the School Infrastructure Fund. 
6 (d) From time to time, through June 30, 2021, the
Board 
7shall transfer the remainder of the funds
generated by this 
8Act into the Education
Assistance Fund.

9 (d-5) Beginning on July 1, 2021, on the last day of each 
10month, or as soon thereafter as possible, after all the 
11required expenditures, distributions, and transfers have been 
12made from the State Gaming Fund for the month pursuant to 
13subsections (b) through (c-35), at the direction of the Board, 
14the Comptroller shall direct and the Treasurer shall transfer 
15$22,500,000, along with any deficiencies in such amounts from 
16prior months in the same fiscal year, from the State Gaming 
17Fund to the Education Assistance Fund; then, at the direction 
18of the Board, the Comptroller shall direct and the Treasurer 
19shall transfer the remainder of the funds generated by this 
20Act, if any, from the State Gaming Fund to the Capital Projects 
21Fund. 
22 (e) Nothing in this Act shall prohibit the unit of local 
23government
designated as the home dock of the riverboat from 
24entering into agreements
with other units of local government 
25in this State or in other states to
share its portion of the 
26tax revenue.

 
 
10300HB3817sam002- 726 -LRB103 30519 JDS 62533 a


1 (f) To the extent practicable, the Board shall administer 
2and collect the
wagering taxes imposed by this Section in a 
3manner consistent with the
provisions of Sections 4, 5, 5a, 
45b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of 
5the Retailers' Occupation Tax Act and Section 3-7 of the

6Uniform Penalty and Interest Act.

7(Source: P.A. 101-31, Article 25, Section 25-910, eff. 
86-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19; 
9101-648, eff. 6-30-20; 102-16, eff. 6-17-21; 102-538, eff. 
108-20-21; 102-689, eff. 12-17-21; 102-699, eff. 4-19-22.)


11
ARTICLE 999. 


12 Section 999-95. No acceleration or delay. Where this Act 
13makes changes in a statute that is represented in this Act by 
14text that is not yet or no longer in effect (for example, a 
15Section represented by multiple versions), the use of that 
16text does not accelerate or delay the taking effect of (i) the 
17changes made by this Act or (ii) provisions derived from any 
18other Public Act.


19 Section 999-99. Effective date. This Act takes effect upon 
20becoming law, except that Articles 10, 85, 98, and 100 take 
21effect on July 1, 2023, Articles 20, 80, and 99 take effect on 
22January 1, 2024, and Section 5-110 takes effect on the 
23effective date of House Bill 2041 of the 103rd General 
 
 
10300HB3817sam002- 727 -LRB103 30519 JDS 62533 a


1Assembly or upon becoming law, whichever is later.".