SB1720ham003 102ND GENERAL ASSEMBLY

Rep. Greg Harris

Filed: 1/6/2023

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1 AMENDMENT TO SENATE BILL 1720

2 AMENDMENT NO. ______. Amend Senate Bill 1720, AS AMENDED,

3 by replacing everything after the enacting clause with the

4 following:

5 "ARTICLE 1

6 Section 1-1. Short title. This Act may be cited as the

7 Second FY 2023 Budget Implementation Act.

8 Section 1-5. Purpose. It is the purpose of this Act to make

9 additional changes in State programs that are necessary to

10 implement the State budget for Fiscal Year 2023 and subsequent

11 fiscal years.

12 ARTICLE 3

13 Section 3-1. Short title. This Article may be cited as the

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1 Warehouse Safety Standards Task Force Act. As used in this

2 Article, "this Act" refers to this Article.

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

4 (a) The Warehouse Safety Standards Task Force is created

5 to study warehouse safety standards. The Task Force shall

6 consist of the following members:

7 (1) 2 members of the House of Representatives,

8 appointed by the Speaker of the House of Representatives;

9 (2) 2 members of the House of Representatives,

10 appointed by the Minority Leader of the House of

11 Representatives;

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

13 President of the Senate;

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

15 Leader of the Senate;

16 (5) one representative of an entity representing

17 retail merchants, appointed by the Governor;

18 (6) one representative of an entity representing

19 manufacturers, appointed by the Governor;

20 (7) one representative of an entity representing

21 mayors, appointed by the Governor;

22 (8) one representative of the State Chamber of

23 Commerce, appointed by the Governor;

24 (9) one representative of the American Federation of

25 Labor and Congress of Industrial Organizations, appointed

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1 by the Governor;

2 (10) one representative of a labor union representing

3 warehouse workers, appointed by the Governor;

4 (11) one representative of a worker advocacy

5 organization representing warehouse workers, appointed by

6 the Governor; and

7 (12) the Director of Labor or his or her designee, who

8 shall serve as the ex officio chair.

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

10 compensation.

11 (c) The Department of Labor shall provide administrative

12 support to the Task Force.

13 Section 3-10. Reports. The Task Force must provide

14 quarterly updates of its findings, discussions, and decisions

15 to the Governor and the General Assembly. The Task Force shall

16 submit a final report of its recommendations to the Governor

17 and the General Assembly no later than January 1, 2025.

18 Section 3-90. Repeal. The Task Force is dissolved and this

19 Act is repealed on January 1, 2026.

20 ARTICLE 5

21 Section 5-5. The Illinois Administrative Procedure Act is

22 amended by adding Section 5-45.35 as follows:

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1 (5 ILCS 100/5-45.35 new)

2 Sec. 5-45.35. Emergency rulemaking; Hate Crimes and Bias

3 Incident Prevention and Response Fund and Local Chambers of

4 Commerce Recovery Grants. To provide for the expeditious and

5 timely implementation of this amendatory Act of the 102nd

6 General Assembly, emergency rules implementing Section 6z-138

7 of the State Finance Act may be adopted in accordance with

8 Section 5-45 by the Department of Human Rights and emergency

9 rules implementing Section 605-1105 of the Department of

10 Commerce and Economic Opportunity Law of the Civil

11 Administrative Code of Illinois may be adopted in accordance

12 with Section 5-45 by the Department of Commerce and Economic

13 Opportunity. The adoption of emergency rules authorized by

14 Section 5-45 and this Section is deemed to be necessary for the

15 public interest, safety, and welfare.

16 This Section is repealed one year after the effective date

17 of this amendatory Act of the 102nd General Assembly.

18 Section 5-10. The State Employees Group Insurance Act of

19 1971 is amended by changing Section 11 as follows:

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

21 Sec. 11. The amount of contribution in any fiscal year

22 from funds other than the General Revenue Fund or the Road Fund

23 shall be at the same contribution rate as the General Revenue

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1 Fund or the Road Fund except that, in State Fiscal Year 2009,

2 no contributions shall be required from the FY09 Budget Relief

3 Fund. Contributions and payments for life insurance shall be

4 deposited in the Group Insurance Premium Fund. Contributions

5 and payments for health coverages and other benefits shall be

6 deposited in the Health Insurance Reserve Fund. Federal funds

7 which are available for cooperative extension purposes shall

8 also be charged for the contributions which are made for

9 retired employees formerly employed in the Cooperative

10 Extension Service. In the case of departments or any division

11 thereof receiving a fraction of its requirements for

12 administration from the Federal Government, the contributions

13 hereunder shall be such fraction of the amount determined

14 under the provisions hereof and the remainder shall be

15 contributed by the State.

16 Every department which has members paid from funds other

17 than the General Revenue Fund shall cooperate with the

18 Department of Central Management Services and the Governor's

19 Office of Management and Budget in order to assure that the

20 specified proportion of the State's cost for group life

21 insurance, the program of health benefits and other employee

22 benefits is paid by such funds; except that contributions

23 under this Act need not be paid from any other fund where both

24 the Director of Central Management Services and the Director

25 of the Governor's Office of Management and Budget have

26 designated in writing that the necessary contributions are

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1 included in the General Revenue Fund contribution amount.

2 Universities having employees who are ~~totally~~compensated

3 out of the following funds or sources are not required to

4 submit the contribution described in this Section for such

5 employees:

6 (1) income funds, as described in Sections 6a-1,

7 6a-1a, 6a-1b, 6a-1c, 6a-1d, 6a-1e, 6a-1f, 6a-1g, and 6d of

8 the State Finance Act, including tuition, laboratory, and

9 library fees and any interest earned on those fees ~~Income~~

10 ~~Funds~~;

11 (2) local auxiliary funds, as described in the

12 Legislative Audit Commission's University Guidelines, as

13 published on November 17, 2020, including the following:

14 (i) funds from auxiliary enterprises, which are

15 operations that support the overall objectives of the

16 university but are not directly related to

17 instruction, research, or service organizational

18 units;

19 (ii) funds from auxiliary activities, which are

20 functions that are self-supporting, in whole or in

21 part, and are directly related to instruction,

22 research, or service units; ~~Local auxiliary funds; and~~

23 (3) the Agricultural Premium Fund as established by

24 Section 5.01 of the State Finance Act;

25 (4) appropriations from the General Revenue Fund,

26 Education Assistance Fund, or other State appropriations

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1 that are made for the purposes of instruction, research,

2 public service, or economic development;

3 (5) funds to the University of Illinois Hospital for

4 health care professional services that are performed by

5 University of Illinois faculty or University of Illinois

6 health care programs established under the University of

7 Illinois Hospital Act; or

8 (6) funds designated for the Cooperative Extension

9 Service, as defined in Section 3 of the County Cooperative

10 Extension Law.

11 ~~shall not be required to submit such contribution for such~~

12 ~~employees.~~

13 If an employee of a university is partially compensated

14 from the funds or sources of funds identified in paragraphs

15 (1) through (6) above, universities shall be required to

16 submit a pro rata contribution for the portion of the

17 employee's compensation that is derived out of funds or

18 sources other than those identified in paragraphs (1) through

19 (6) above.

20 The Department of Central Management Services may conduct

21 a post-payment review of university reimbursements to assess

22 or address any discrepancies. Universities shall cooperate

23 with the Department of Central Management Services during any

24 post-payment review, that may require universities to provide

25 documentation to support payment calculations or funding

26 sources used for calculating reimbursements. The Department of

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1 Central Management Services reserves the right to reconcile

2 any discrepancies in reimbursement subtotals or total

3 obligations and to notify universities of all final

4 reconciliations, which shall include the Department of Central

5 Management Services calculations and the amount of any credits

6 or obligations that may be due.

7 For each employee of the Illinois Toll Highway Authority

8 ~~person~~covered under this Act whose eligibility for such

9 coverage is as an annuitant ~~based upon the person's status as~~

10 ~~the recipient of a benefit under the Illinois Pension Code,~~

11 ~~which benefit is based in whole or in part upon service with~~

12 ~~the Toll Highway Authority~~, the Authority shall annually

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

14 Department of Central Management Services, that represents the

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

16 participating employee in the State Employees Group Insurance

17 Program ~~a pro rata share of the State's cost for the benefits~~

18 ~~of that person~~.

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

20 Section 5-12. The Children and Family Services Act is

21 amended by adding Section 45 as follows:

22 (20 ILCS 505/45 new)

23 Sec. 45. Title IV-E funds for legal services to foster

24 youth and families.

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1 (a) Findings and purpose. The General Assembly finds the

2 following:

3 (1) Child welfare court proceedings are serious and

4 life changing. Children and youth are subject to court

5 decisions that may forever change their family

6 composition, as well as their connections to culture and

7 heritage.

8 (2) The gravity of child welfare proceedings and the

9 rights and liabilities at stake necessitate the provision

10 of quality legal representation for children and youth

11 throughout the duration of child welfare proceedings.

12 (3) Legal representation serves to protect and advance

13 the interests of children and youth in court and provides

14 confidential attorney-client privilege to ensure children

15 feel safe sharing with attorneys information that

16 otherwise may go unvoiced.

17 (4) As the agency responsible for administering the

18 State's approved Title IV-E State Plan, the Department of

19 Children and Family Services is the only State agency with

20 the authority to seek federal matching funds under Title

21 IV-E of the Social Security Act for children who are

22 candidates for foster care, children who are in foster

23 care, and parents who are participating in foster care

24 legal proceedings.

25 (5) It is the intent of the General Assembly to ensure

26 the Department leverages and maximizes federal resources

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1 to support the provision of quality legal representation

2 to children and families to improve outcomes in the child

3 welfare system.

4 (b) Definitions. As used in this Section:

5 "Child's lawyer" means a lawyer who is appointed by the

6 court to serve as a child's lawyer in a proceeding pending

7 under Article II of the Juvenile Court Act of 1987 in

8 accordance with the duties prescribed by State statute, court

9 rules, standards of practice, and the Illinois Rules of

10 Professional Conduct, including, but not limited to,

11 diligence, communication, confidentiality, and the

12 responsibilities to zealously assert the client's position

13 under the rules of the adversary system and to abide by the

14 client's decisions concerning the objectives of

15 representation, as provided for in the Illinois Rules of

16 Professional Conduct.

17 "Respondent's lawyer" means a lawyer who provides legal

18 representation to a parent, guardian, legal custodian, or

19 responsible relative who is named as a party-respondent in a

20 proceeding pending under Article II of the Juvenile Court Act

21 of 1987 in accordance with the duties prescribed by State

22 statute, court rules, standards of practice, and the Illinois

23 Rules of Professional Conduct, including, but not limited to,

24 diligence, communication, confidentiality, and the

25 responsibilities to zealously assert the client's position

26 under the rules of the adversary system and to abide by the

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1 client's decisions concerning the objectives of

2 representation, as provided for in the Illinois Rules of

3 Professional Conduct.

4 (c) The Department shall pursue claiming Title IV-E

5 administrative costs for independent legal representation by

6 an attorney for a child who is a candidate for Title IV-E

7 foster care, or who is in foster care, and the child's parent

8 to prepare for and participate in all stages of foster care

9 legal proceedings. Federal reimbursements for these

10 administrative costs must be deposited into the Due Process

11 for Youth and Families Fund created under subsection (d).

12 (d) The Due Process for Youth and Families Fund is created

13 as a special fund in the State treasury. The Fund shall consist

14 of any moneys appropriated to the Department from federal

15 Title IV-E reimbursements for administrative costs as

16 described in subsection (c) and any other moneys deposited

17 into the Fund in accordance with this Section. Subject to

18 appropriation, moneys in the Fund shall be disbursed for fees

19 and costs incurred by organizations or law practitioners that

20 provide services as a child's lawyer or respondent's lawyer as

21 those terms are defined in subsection (b) and for no other

22 purpose. All interest earned on moneys in the Fund shall be

23 deposited into the Fund. The Department and the State

24 Treasurer may accept funds as provided under Title IV-E of the

25 Social Security Act for deposit into the Fund. Annual requests

26 for appropriations for the purpose of providing independent

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1 legal representation under this Section shall be made in

2 separate and distinct line-items.

3 (e) Units of local government and public and private

4 agencies may apply for and receive federal or State funds from

5 the Department in accordance with the purposes of this

6 Section.

7 Section 5-13. The Department of Commerce and Economic

8 Opportunity Law of the Civil Administrative Code of Illinois

9 is amended by adding Section 605-1105 as follows:

10 (20 ILCS 605/605-1105 new)

11 Sec. 605-1105. Local chambers of commerce recovery grants.

12 (a) Upon receipt or availability of the State or federal

13 funds described in subsection (b), and subject to

14 appropriation of those funds for the purposes described in

15 this Section, the Department of Commerce and Economic

16 Opportunity shall establish a program to award grants to local

17 chambers of commerce. The Department shall award an aggregate

18 amount of $5,000,000 in grants under this Section to eligible

19 chambers of commerce. Each eligible chamber of commerce that

20 applies to the Department for a grant under this Section shall

21 certify to the Department the difference between the chamber

22 of commerce's total annual revenue in calendar year 2019 and

23 the chamber of commerce's total annual revenue in calendar

24 year 2020. The maximum amount that may be awarded to any

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1 eligible chamber of commerce during the first round of grants

2 is one-sixth of the certified amount. In determining grant

3 amounts awarded under this Act, the Department may consider

4 any awards that the chamber of commerce has received from the

5 Back to Business Grant Program or the Business Interruption

6 Grant Program. If the entire amount of moneys appropriated for

7 the purposes of this Section has not been allocated after a

8 first round of grants is made, the Department may award

9 additional funds to eligible chambers of commerce from the

10 remaining funds. Grants awarded under this Section shall not

11 be used to make any direct lobbying expenditure, as defined in

12 subsection (c) of Section 4911 of the Internal Revenue Code,

13 or to engage in any political campaign activity described in

14 Section 501(c)(3) of the Internal Revenue Code.

15 (b) The Department may use State funds and federal funds

16 that are allocated to the State under the authority of

17 legislation passed in response to the COVID-19 pandemic to

18 provide grants under this Section. Those federal funds

19 include, but are not limited to, funds allocated to the State

20 under the American Rescue Plan Act of 2021. Any federal moneys

21 used for this purpose shall be used in accordance with the

22 federal legislation authorizing the use of those funds and

23 related federal guidance as well as any other applicable State

24 and federal laws.

25 (c) The Department may adopt any rules necessary to

26 implement and administer the grant program created by this

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1 Section. The emergency rulemaking process may be used to

2 promulgate the initial rules of the program following the

3 effective date of this amendatory Act of the 102nd General

4 Assembly.

5 (d) As used in this Section, "eligible chamber of

6 commerce" means a voluntary membership, dues-paying

7 organization of business and professional persons dedicated to

8 improving the economic climate and business development of the

9 community, area, or region in which the organization is

10 located and that:

11 (1) operates as an approved not-for-profit

12 corporation;

13 (2) is tax-exempt under Section 501(c)(3) or Section

14 501(c)(6) of the Internal Revenue Code of 1986;

15 (3) has an annual revenue of $1,000,000 or less; and

16 (4) has experienced an identifiable negative economic

17 impact resulting from or exacerbated by the public health

18 emergency or served a community disproportionately

19 impacted by a public health emergency.

20 Section 5-15. The Illinois Lottery Law is amended by

21 changing Section 9.1 as follows:

22 (20 ILCS 1605/9.1)

23 Sec. 9.1. Private manager and management agreement.

24 (a) As used in this Section:

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1 "Offeror" means a person or group of persons that responds

2 to a request for qualifications under this Section.

3 "Request for qualifications" means all materials and

4 documents prepared by the Department to solicit the following

5 from offerors:

6 (1) Statements of qualifications.

7 (2) Proposals to enter into a management agreement,

8 including the identity of any prospective vendor or

9 vendors that the offeror intends to initially engage to

10 assist the offeror in performing its obligations under the

11 management agreement.

12 "Final offer" means the last proposal submitted by an

13 offeror in response to the request for qualifications,

14 including the identity of any prospective vendor or vendors

15 that the offeror intends to initially engage to assist the

16 offeror in performing its obligations under the management

17 agreement.

18 "Final offeror" means the offeror ultimately selected by

19 the Governor to be the private manager for the Lottery under

20 subsection (h) of this Section.

21 (b) By September 15, 2010, the Governor shall select a

22 private manager for the total management of the Lottery with

23 integrated functions, such as lottery game design, supply of

24 goods and services, and advertising and as specified in this

25 Section.

26 (c) Pursuant to the terms of this subsection, the

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1 Department shall endeavor to expeditiously terminate the

2 existing contracts in support of the Lottery in effect on July

3 13, 2009 (the effective date of Public Act 96-37) in

4 connection with the selection of the private manager. As part

5 of its obligation to terminate these contracts and select the

6 private manager, the Department shall establish a mutually

7 agreeable timetable to transfer the functions of existing

8 contractors to the private manager so that existing Lottery

9 operations are not materially diminished or impaired during

10 the transition. To that end, the Department shall do the

11 following:

12 (1) where such contracts contain a provision

13 authorizing termination upon notice, the Department shall

14 provide notice of termination to occur upon the mutually

15 agreed timetable for transfer of functions;

16 (2) upon the expiration of any initial term or renewal

17 term of the current Lottery contracts, the Department

18 shall not renew such contract for a term extending beyond

19 the mutually agreed timetable for transfer of functions;

20 or

21 (3) in the event any current contract provides for

22 termination of that contract upon the implementation of a

23 contract with the private manager, the Department shall

24 perform all necessary actions to terminate the contract on

25 the date that coincides with the mutually agreed timetable

26 for transfer of functions.

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1 If the contracts to support the current operation of the

2 Lottery in effect on July 13, 2009 (the effective date of

3 Public Act 96-34) are not subject to termination as provided

4 for in this subsection (c), then the Department may include a

5 provision in the contract with the private manager specifying

6 a mutually agreeable methodology for incorporation.

7 (c-5) The Department shall include provisions in the

8 management agreement whereby the private manager shall, for a

9 fee, and pursuant to a contract negotiated with the Department

10 (the "Employee Use Contract"), utilize the services of current

11 Department employees to assist in the administration and

12 operation of the Lottery. The Department shall be the employer

13 of all such bargaining unit employees assigned to perform such

14 work for the private manager, and such employees shall be

15 State employees, as defined by the Personnel Code. Department

16 employees shall operate under the same employment policies,

17 rules, regulations, and procedures, as other employees of the

18 Department. In addition, neither historical representation

19 rights under the Illinois Public Labor Relations Act, nor

20 existing collective bargaining agreements, shall be disturbed

21 by the management agreement with the private manager for the

22 management of the Lottery.

23 (d) The management agreement with the private manager

24 shall include all of the following:

25 (1) A term not to exceed 10 years, including any

26 renewals.

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1 (2) A provision specifying that the Department:

2 (A) shall exercise actual control over all

3 significant business decisions;

4 (A-5) has the authority to direct or countermand

5 operating decisions by the private manager at any

6 time;

7 (B) has ready access at any time to information

8 regarding Lottery operations;

9 (C) has the right to demand and receive

10 information from the private manager concerning any

11 aspect of the Lottery operations at any time; and

12 (D) retains ownership of all trade names,

13 trademarks, and intellectual property associated with

14 the Lottery.

15 (3) A provision imposing an affirmative duty on the

16 private manager to provide the Department with material

17 information and with any information the private manager

18 reasonably believes the Department would want to know to

19 enable the Department to conduct the Lottery.

20 (4) A provision requiring the private manager to

21 provide the Department with advance notice of any

22 operating decision that bears significantly on the public

23 interest, including, but not limited to, decisions on the

24 kinds of games to be offered to the public and decisions

25 affecting the relative risk and reward of the games being

26 offered, so the Department has a reasonable opportunity to

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1 evaluate and countermand that decision.

2 (5) A provision providing for compensation of the

3 private manager that may consist of, among other things, a

4 fee for services and a performance based bonus as

5 consideration for managing the Lottery, including terms

6 that may provide the private manager with an increase in

7 compensation if Lottery revenues grow by a specified

8 percentage in a given year.

9 (6) (Blank).

10 (7) A provision requiring the deposit of all Lottery

11 proceeds to be deposited into the State Lottery Fund

12 except as otherwise provided in Section 20 of this Act.

13 (8) A provision requiring the private manager to

14 locate its principal office within the State.

15 (8-5) A provision encouraging that at least 20% of the

16 cost of contracts entered into for goods and services by

17 the private manager in connection with its management of

18 the Lottery, other than contracts with sales agents or

19 technical advisors, be awarded to businesses that are a

20 minority-owned business, a women-owned business, or a

21 business owned by a person with disability, as those terms

22 are defined in the Business Enterprise for Minorities,

23 Women, and Persons with Disabilities Act.

24 (9) A requirement that so long as the private manager

25 complies with all the conditions of the agreement under

26 the oversight of the Department, the private manager shall

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1 have the following duties and obligations with respect to

2 the management of the Lottery:

3 (A) The right to use equipment and other assets

4 used in the operation of the Lottery.

5 (B) The rights and obligations under contracts

6 with retailers and vendors.

7 (C) The implementation of a comprehensive security

8 program by the private manager.

9 (D) The implementation of a comprehensive system

10 of internal audits.

11 (E) The implementation of a program by the private

12 manager to curb compulsive gambling by persons playing

13 the Lottery.

14 (F) A system for determining (i) the type of

15 Lottery games, (ii) the method of selecting winning

16 tickets, (iii) the manner of payment of prizes to

17 holders of winning tickets, (iv) the frequency of

18 drawings of winning tickets, (v) the method to be used

19 in selling tickets, (vi) a system for verifying the

20 validity of tickets claimed to be winning tickets,

21 (vii) the basis upon which retailer commissions are

22 established by the manager, and (viii) minimum

23 payouts.

24 (10) A requirement that advertising and promotion must

25 be consistent with Section 7.8a of this Act.

26 (11) A requirement that the private manager market the

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1 Lottery to those residents who are new, infrequent, or

2 lapsed players of the Lottery, especially those who are

3 most likely to make regular purchases on the Internet as

4 permitted by law.

5 (12) A code of ethics for the private manager's

6 officers and employees.

7 (13) A requirement that the Department monitor and

8 oversee the private manager's practices and take action

9 that the Department considers appropriate to ensure that

10 the private manager is in compliance with the terms of the

11 management agreement, while allowing the manager, unless

12 specifically prohibited by law or the management

13 agreement, to negotiate and sign its own contracts with

14 vendors.

15 (14) A provision requiring the private manager to

16 periodically file, at least on an annual basis,

17 appropriate financial statements in a form and manner

18 acceptable to the Department.

19 (15) Cash reserves requirements.

20 (16) Procedural requirements for obtaining the prior

21 approval of the Department when a management agreement or

22 an interest in a management agreement is sold, assigned,

23 transferred, or pledged as collateral to secure financing.

24 (17) Grounds for the termination of the management

25 agreement by the Department or the private manager.

26 (18) Procedures for amendment of the agreement.

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1 (19) A provision requiring the private manager to

2 engage in an open and competitive bidding process for any

3 procurement having a cost in excess of $50,000 that is not

4 a part of the private manager's final offer. The process

5 shall favor the selection of a vendor deemed to have

6 submitted a proposal that provides the Lottery with the

7 best overall value. The process shall not be subject to

8 the provisions of the Illinois Procurement Code, unless

9 specifically required by the management agreement.

10 (20) The transition of rights and obligations,

11 including any associated equipment or other assets used in

12 the operation of the Lottery, from the manager to any

13 successor manager of the lottery, including the

14 Department, following the termination of or foreclosure

15 upon the management agreement.

16 (21) Right of use of copyrights, trademarks, and

17 service marks held by the Department in the name of the

18 State. The agreement must provide that any use of them by

19 the manager shall only be for the purpose of fulfilling

20 its obligations under the management agreement during the

21 term of the agreement.

22 (22) The disclosure of any information requested by

23 the Department to enable it to comply with the reporting

24 requirements and information requests provided for under

25 subsection (p) of this Section.

26 (e) Notwithstanding any other law to the contrary, the

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1 Department shall select a private manager through a

2 competitive request for qualifications process consistent with

3 Section 20-35 of the Illinois Procurement Code, which shall

4 take into account:

5 (1) the offeror's ability to market the Lottery to

6 those residents who are new, infrequent, or lapsed players

7 of the Lottery, especially those who are most likely to

8 make regular purchases on the Internet;

9 (2) the offeror's ability to address the State's

10 concern with the social effects of gambling on those who

11 can least afford to do so;

12 (3) the offeror's ability to provide the most

13 successful management of the Lottery for the benefit of

14 the people of the State based on current and past business

15 practices or plans of the offeror; and

16 (4) the offeror's poor or inadequate past performance

17 in servicing, equipping, operating or managing a lottery

18 on behalf of Illinois, another State or foreign government

19 and attracting persons who are not currently regular

20 players of a lottery.

21 (f) The Department may retain the services of an advisor

22 or advisors with significant experience in financial services

23 or the management, operation, and procurement of goods,

24 services, and equipment for a government-run lottery to assist

25 in the preparation of the terms of the request for

26 qualifications and selection of the private manager. Any

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1 prospective advisor seeking to provide services under this

2 subsection (f) shall disclose any material business or

3 financial relationship during the past 3 years with any

4 potential offeror, or with a contractor or subcontractor

5 presently providing goods, services, or equipment to the

6 Department to support the Lottery. The Department shall

7 evaluate the material business or financial relationship of

8 each prospective advisor. The Department shall not select any

9 prospective advisor with a substantial business or financial

10 relationship that the Department deems to impair the

11 objectivity of the services to be provided by the prospective

12 advisor. During the course of the advisor's engagement by the

13 Department, and for a period of one year thereafter, the

14 advisor shall not enter into any business or financial

15 relationship with any offeror or any vendor identified to

16 assist an offeror in performing its obligations under the

17 management agreement. Any advisor retained by the Department

18 shall be disqualified from being an offeror. The Department

19 shall not include terms in the request for qualifications that

20 provide a material advantage whether directly or indirectly to

21 any potential offeror, or any contractor or subcontractor

22 presently providing goods, services, or equipment to the

23 Department to support the Lottery, including terms contained

24 in previous responses to requests for proposals or

25 qualifications submitted to Illinois, another State or foreign

26 government when those terms are uniquely associated with a

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LRB102 15815 JDS 42540 a

1 particular potential offeror, contractor, or subcontractor.

2 The request for proposals offered by the Department on

3 December 22, 2008 as "LOT08GAMESYS" and reference number

4 "22016176" is declared void.

5 (g) The Department shall select at least 2 offerors as

6 finalists to potentially serve as the private manager no later

7 than August 9, 2010. Upon making preliminary selections, the

8 Department shall schedule a public hearing on the finalists'

9 proposals and provide public notice of the hearing at least 7

10 calendar days before the hearing. The notice must include all

11 of the following:

12 (1) The date, time, and place of the hearing.

13 (2) The subject matter of the hearing.

14 (3) A brief description of the management agreement to

15 be awarded.

16 (4) The identity of the offerors that have been

17 selected as finalists to serve as the private manager.

18 (5) The address and telephone number of the

19 Department.

20 (h) At the public hearing, the Department shall (i)

21 provide sufficient time for each finalist to present and

22 explain its proposal to the Department and the Governor or the

23 Governor's designee, including an opportunity to respond to

24 questions posed by the Department, Governor, or designee and

25 (ii) allow the public and non-selected offerors to comment on

26 the presentations. The Governor or a designee shall attend the

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LRB102 15815 JDS 42540 a

1 public hearing. After the public hearing, the Department shall

2 have 14 calendar days to recommend to the Governor whether a

3 management agreement should be entered into with a particular

4 finalist. After reviewing the Department's recommendation, the

5 Governor may accept or reject the Department's recommendation,

6 and shall select a final offeror as the private manager by

7 publication of a notice in the Illinois Procurement Bulletin

8 on or before September 15, 2010. The Governor shall include in

9 the notice a detailed explanation and the reasons why the

10 final offeror is superior to other offerors and will provide

11 management services in a manner that best achieves the

12 objectives of this Section. The Governor shall also sign the

13 management agreement with the private manager.

14 (i) Any action to contest the private manager selected by

15 the Governor under this Section must be brought within 7

16 calendar days after the publication of the notice of the

17 designation of the private manager as provided in subsection

18 (h) of this Section.

19 (j) The Lottery shall remain, for so long as a private

20 manager manages the Lottery in accordance with provisions of

21 this Act, a Lottery conducted by the State, and the State shall

22 not be authorized to sell or transfer the Lottery to a third

23 party.

24 (k) Any tangible personal property used exclusively in

25 connection with the lottery that is owned by the Department

26 and leased to the private manager shall be owned by the

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LRB102 15815 JDS 42540 a

1 Department in the name of the State and shall be considered to

2 be public property devoted to an essential public and

3 governmental function.

4 (l) The Department may exercise any of its powers under

5 this Section or any other law as necessary or desirable for the

6 execution of the Department's powers under this Section.

7 (m) Neither this Section nor any management agreement

8 entered into under this Section prohibits the General Assembly

9 from authorizing forms of gambling that are not in direct

10 competition with the Lottery. The forms of gambling authorized

11 by Public Act 101-31 constitute authorized forms of gambling

12 that are not in direct competition with the Lottery.

13 (n) The private manager shall be subject to a complete

14 investigation in the third, seventh, and tenth years of the

15 agreement (if the agreement is for a 10-year term) by the

16 Department in cooperation with the Auditor General to

17 determine whether the private manager has complied with this

18 Section and the management agreement. The private manager

19 shall bear the cost of an investigation or reinvestigation of

20 the private manager under this subsection.

21 (o) The powers conferred by this Section are in addition

22 and supplemental to the powers conferred by any other law. If

23 any other law or rule is inconsistent with this Section,

24 including, but not limited to, provisions of the Illinois

25 Procurement Code, then this Section controls as to any

26 management agreement entered into under this Section. This

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LRB102 15815 JDS 42540 a

1 Section and any rules adopted under this Section contain full

2 and complete authority for a management agreement between the

3 Department and a private manager. No law, procedure,

4 proceeding, publication, notice, consent, approval, order, or

5 act by the Department or any other officer, Department,

6 agency, or instrumentality of the State or any political

7 subdivision is required for the Department to enter into a

8 management agreement under this Section. This Section contains

9 full and complete authority for the Department to approve any

10 contracts entered into by a private manager with a vendor

11 providing goods, services, or both goods and services to the

12 private manager under the terms of the management agreement,

13 including subcontractors of such vendors.

14 Upon receipt of a written request from the Chief

15 Procurement Officer, the Department shall provide to the Chief

16 Procurement Officer a complete and un-redacted copy of the

17 management agreement or any contract that is subject to the

18 Department's approval authority under this subsection (o). The

19 Department shall provide a copy of the agreement or contract

20 to the Chief Procurement Officer in the time specified by the

21 Chief Procurement Officer in his or her written request, but

22 no later than 5 business days after the request is received by

23 the Department. The Chief Procurement Officer must retain any

24 portions of the management agreement or of any contract

25 designated by the Department as confidential, proprietary, or

26 trade secret information in complete confidence pursuant to

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1 subsection (g) of Section 7 of the Freedom of Information Act.

2 The Department shall also provide the Chief Procurement

3 Officer with reasonable advance written notice of any contract

4 that is pending Department approval.

5 Notwithstanding any other provision of this Section to the

6 contrary, the Chief Procurement Officer shall adopt

7 administrative rules, including emergency rules, to establish

8 a procurement process to select a successor private manager if

9 a private management agreement has been terminated. The

10 selection process shall at a minimum take into account the

11 criteria set forth in items (1) through (4) of subsection (e)

12 of this Section and may include provisions consistent with

13 subsections (f), (g), (h), and (i) of this Section. The Chief

14 Procurement Officer shall also implement and administer the

15 adopted selection process upon the termination of a private

16 management agreement. The Department, after the Chief

17 Procurement Officer certifies that the procurement process has

18 been followed in accordance with the rules adopted under this

19 subsection (o), shall select a final offeror as the private

20 manager and sign the management agreement with the private

21 manager.

22 Through June 30, 2022, except as provided in Sections

23 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12, and 21.13

24 of this Act and Section 25-70 of the Sports Wagering Act, the

25 Department shall distribute all proceeds of lottery tickets

26 and shares sold in the following priority and manner:

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LRB102 15815 JDS 42540 a

1 (1) The payment of prizes and retailer bonuses.

2 (2) The payment of costs incurred in the operation and

3 administration of the Lottery, including the payment of

4 sums due to the private manager under the management

5 agreement with the Department.

6 (3) On the last day of each month or as soon thereafter

7 as possible, the State Comptroller shall direct and the

8 State Treasurer shall transfer from the State Lottery Fund

9 to the Common School Fund an amount that is equal to the

10 proceeds transferred in the corresponding month of fiscal

11 year 2009, as adjusted for inflation, to the Common School

12 Fund.

13 (4) On or before September 30 of each fiscal year,

14 deposit any estimated remaining proceeds from the prior

15 fiscal year, subject to payments under items (1), (2), and

16 (3), into the Capital Projects Fund. Beginning in fiscal

17 year 2019, the amount deposited shall be increased or

18 decreased each year by the amount the estimated payment

19 differs from the amount determined from each year-end

20 financial audit. Only remaining net deficits from prior

21 fiscal years may reduce the requirement to deposit these

22 funds, as determined by the annual financial audit.

23 Beginning July 1, 2022, the Department shall distribute

24 all proceeds of lottery tickets and shares sold in the manner

25 and priority described in Section 9.3 of this Act, except that

26 the Department shall make the deposit into the Capital

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LRB102 15815 JDS 42540 a

1 Projects Fund that would have occurred under item (4) of this

2 subsection (o) on or before September 30, 2022, but for the

3 changes made to this subsection by Public Act 102-699.

4 (p) The Department shall be subject to the following

5 reporting and information request requirements:

6 (1) the Department shall submit written quarterly

7 reports to the Governor and the General Assembly on the

8 activities and actions of the private manager selected

9 under this Section;

10 (2) upon request of the Chief Procurement Officer, the

11 Department shall promptly produce information related to

12 the procurement activities of the Department and the

13 private manager requested by the Chief Procurement

14 Officer; the Chief Procurement Officer must retain

15 confidential, proprietary, or trade secret information

16 designated by the Department in complete confidence

17 pursuant to subsection (g) of Section 7 of the Freedom of

18 Information Act; and

19 (3) at least 30 days prior to the beginning of the

20 Department's fiscal year, the Department shall prepare an

21 annual written report on the activities of the private

22 manager selected under this Section and deliver that

23 report to the Governor and General Assembly.

24 (Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19;

25 101-561, eff. 8-23-19; 102-558, eff. 8-20-21; 102-699, eff.

26 4-19-22.)

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LRB102 15815 JDS 42540 a

1 Section 5-20. The State Finance Act is amended by changing

2 Section 6z-130, as added by Public Act 102-699, and Sections

3 6z-114, 8g-1, and 8.27 and by adding Sections 5.990, 5.991,

4 and 6z-138 as follows:

5 (30 ILCS 105/5.990 new)

6 Sec. 5.990. The Hate Crimes and Bias Incident Prevention

7 and Response Fund.

8 (30 ILCS 105/5.991 new)

9 Sec. 5.991. The Due Process for Youth and Families Fund.

10 (30 ILCS 105/6z-114)

11 Sec. 6z-114. The Ronald McDonald House Charities Fund;

12 creation. The Ronald McDonald House Charities Fund is created

13 as a special fund in the State treasury. From appropriations

14 to the Department of Human Services from the Fund, the

15 Department shall ~~Subject to appropriation, moneys in the Fund~~

16 ~~shall be used to~~ make grants to Ronald McDonald House

17 Charities for services in Illinois.

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

19 (30 ILCS 105/6z-134)

20 Sec. 6z-134 ~~6z-130~~. Statewide 9-8-8 Trust Fund.

21 (a) The Statewide 9-8-8 Trust Fund is created as a special

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LRB102 15815 JDS 42540 a

1 fund in the State treasury. Moneys in the Fund shall be used by

2 the Department of Human Services for the purposes of

3 establishing and maintaining a statewide 9-8-8 suicide

4 prevention and mental health crisis system pursuant to the

5 National Suicide Hotline Designation Act of 2020, the Federal

6 Communication Commission's rules adopted on July 16, 2020, and

7 national guidelines for crisis care. The Fund shall consist

8 of:

9 (1) appropriations by the General Assembly;

10 (2) grants and gifts intended for deposit in the Fund;

11 (3) interest, premiums, gains, or other earnings on

12 the Fund;

13 (4) moneys received from any other source that are

14 deposited in or transferred into the Fund.

15 (b) Moneys in the Fund:

16 (1) do not revert at the end of any State fiscal year

17 but remain available for the purposes of the Fund in

18 subsequent State fiscal years; and

19 (2) are not subject to transfer to any other Fund or to

20 transfer, assignment, or reassignment for any other use or

21 purpose outside of those specified in this Section.

22 (c) An annual report of Fund deposits and expenditures

23 shall be made to the General Assembly and the Federal

24 Communications Commission.

25 (d) (Blank). ~~In addition to any other transfers that may~~

26 ~~be provided for by law, on July 1, 2022, or as soon thereafter~~

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1 ~~as practical, the State Comptroller shall direct and the State~~

2 ~~Treasurer shall transfer the sum of $5,000,000 from the~~

3 ~~Statewide 9-1-1 Fund to the Statewide 9-8-8 Trust Fund.~~

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

5 (30 ILCS 105/6z-138 new)

6 Sec. 6z-138. Hate Crimes and Bias Incident Prevention and

7 Response Fund.

8 (a) The Hate Crimes and Bias Incident Prevention and

9 Response Fund is created as a special fund in the State

10 treasury. The Fund may accept moneys from any lawful source.

11 Any interest earned on moneys in the Fund shall be deposited

12 into the Fund.

13 (b) Subject to appropriation, moneys in the Hate Crimes

14 and Bias Incident Prevention and Response Fund shall be used

15 by the Department of Human Rights, in its capacity as

16 administrator and fiscal agent for the Commission on

17 Discrimination and Hate Crimes, for operational and

18 administrative expenditures related to, as well as the award

19 of grants that support the eradication of, hate crimes and

20 bias incidents.

21 (c) The Department of Human Rights shall adopt rules

22 establishing requirements for the distribution of grant moneys

23 and the determination of which persons or entities are

24 eligible for grants and may adopt any other rules necessary to

25 implement this Section and administer the Fund.

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

2 Sec. 8.27. All receipts from federal financial

3 participation in the Foster Care and Adoption Services program

4 under Title IV-E of the federal Social Security Act, including

5 receipts for related indirect costs, shall be depositedinto

6 ~~in~~ the DCFS Children's Services Fund or the Due Process for

7 Youth and Families Fund as provided in Section 45 of the

8 Children and Family Services Act.

9 Beginning on July 20, 2010 (the effective date of Public

10 Act 96-1127), any funds paid to the State by the federal

11 government under Title XIX and Title XXI of the Social

12 Security Act for child welfare services delivered by community

13 mental health providers, certified and paid as Medicaid

14 providers by the Department of Children and Family Services,

15 for child welfare services relating to Medicaid-eligible

16 clients and families served consistent with the purposes of

17 the Department of Children and Family Services, including

18 services delivered as a result of the conversion of such

19 providers from a comprehensive rate to a fee-for-service

20 payment methodology, and any subsequent revenue maximization

21 initiatives performed by such providers, and any interest

22 earned thereon, shall be deposited directly into the DCFS

23 Children's Services Fund. Such funds shall be used for the

24 provision of child welfare services provided to eligible

25 individuals identified by the Department of Children and

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1 Family Services. Child welfare services are defined in Section

2 5 of the Children and Family Services Act.

3 All receipts from federal financial participation in the

4 Child Welfare Services program under Title IV-B of the federal

5 Social Security Act, including receipts for related indirect

6 costs, shall be deposited into the DCFS Children's Services

7 Fund for those moneys received as reimbursement for services

8 provided on or after July 1, 1994.

9 For services provided on or after July 1, 2007, all

10 federal funds received pursuant to the John H. Chafee Foster

11 Care Independence Program shall be deposited into the DCFS

12 Children's Services Fund.

13 Except as otherwise provided in this Section, moneys in

14 the Fund may be used by the Department, pursuant to

15 appropriation by the General Assembly, for the ordinary and

16 contingent expenses of the Department.

17 In accordance with subsection (q) of Section 5 of the

18 Children and Family Services Act, disbursements from

19 individual children's accounts shall be deposited into the

20 DCFS Children's Services Fund.

21 Receipts from public and unsolicited private grants, fees

22 for training, and royalties earned from the publication of

23 materials owned by or licensed to the Department of Children

24 and Family Services shall be deposited into the DCFS

25 Children's Services Fund.

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

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1 (30 ILCS 105/8g-1)

2 Sec. 8g-1. Fund transfers.

3 (a) (Blank).

4 (b) (Blank).

5 (c) (Blank).

6 (d) (Blank).

7 (e) (Blank).

8 (f) (Blank).

9 (g) (Blank).

10 (h) (Blank).

11 (i) (Blank).

12 (j) (Blank).

13 (k) (Blank).

14 (l) (Blank).

15 (m) (Blank).

16 (n) (Blank).

17 (o) (Blank).

18 (p) (Blank).

19 (q) (Blank).

20 (r) (Blank).

21 (s) (Blank).

22 (t) (Blank).

23 (u) In addition to any other transfers that may be

24 provided for by law, on July 1, 2021, or as soon thereafter as

25 practical, only as directed by the Director of the Governor's

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LRB102 15815 JDS 42540 a

1 Office of Management and Budget, the State Comptroller shall

2 direct and the State Treasurer shall transfer the sum of

3 $5,000,000 from the General Revenue Fund to the DoIT Special

4 Projects Fund, and on June 1, 2022, or as soon thereafter as

5 practical, but no later than June 30, 2022, the State

6 Comptroller shall direct and the State Treasurer shall

7 transfer the sum so transferred from the DoIT Special Projects

8 Fund to the General Revenue Fund.

9 (v) In addition to any other transfers that may be

10 provided for by law, on July 1, 2021, or as soon thereafter as

11 practical, the State Comptroller shall direct and the State

12 Treasurer shall transfer the sum of $500,000 from the General

13 Revenue Fund to the Governor's Administrative Fund.

14 (w) In addition to any other transfers that may be

15 provided for by law, on July 1, 2021, or as soon thereafter as

16 practical, the State Comptroller shall direct and the State

17 Treasurer shall transfer the sum of $500,000 from the General

18 Revenue Fund to the Grant Accountability and Transparency

19 Fund.

20 (x) In addition to any other transfers that may be

21 provided for by law, at a time or times during Fiscal Year 2022

22 as directed by the Governor, the State Comptroller shall

23 direct and the State Treasurer shall transfer up to a total of

24 $20,000,000 from the General Revenue Fund to the Illinois

25 Sports Facilities Fund to be credited to the Advance Account

26 within the Fund.

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1 (y) In addition to any other transfers that may be

2 provided for by law, on June 15, 2021, or as soon thereafter as

3 practical, but no later than June 30, 2021, the State

4 Comptroller shall direct and the State Treasurer shall

5 transfer the sum of $100,000,000 from the General Revenue Fund

6 to the Technology Management Revolving Fund.

7 (z) In addition to any other transfers that may be

8 provided for by law, on April 19, 2022 (the effective date of

9 Public Act 102-699) ~~this amendatory Act of the 102nd General~~

10 ~~Assembly~~, or as soon thereafter as practical, but no later

11 than June 30, 2022, the State Comptroller shall direct and the

12 State Treasurer shall transfer the sum of $148,000,000 from

13 the General Revenue Fund to the Build Illinois Bond Fund.

14 (aa) In addition to any other transfers that may be

15 provided for by law, on April 19, 2022 (the effective date of

16 Public Act 102-699) ~~this amendatory Act of the 102nd General~~

17 ~~Assembly~~, or as soon thereafter as practical, but no later

18 than June 30, 2022, the State Comptroller shall direct and the

19 State Treasurer shall transfer the sum of $180,000,000 from

20 the General Revenue Fund to the Rebuild Illinois Projects

21 Fund.

22 (bb) In addition to any other transfers that may be

23 provided for by law, on July 1, 2022, or as soon thereafter as

24 practical, the State Comptroller shall direct and the State

25 Treasurer shall transfer the sum of $500,000 from the General

26 Revenue Fund to the Governor's Administrative Fund.

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LRB102 15815 JDS 42540 a

1 (cc) In addition to any other transfers that may be

2 provided for by law, on July 1, 2022, or as soon thereafter as

3 practical, the State Comptroller shall direct and the State

4 Treasurer shall transfer the sum of $500,000 from the General

5 Revenue Fund to the Grant Accountability and Transparency

6 Fund.

7 (dd) ~~(z)~~ In addition to any other transfers that may be

8 provided by law, on April 19, 2022 (the effective date of

9 Public Act 102-700) ~~this amendatory Act of the 102nd General~~

10 ~~Assembly~~, or as soon thereafter as practical, but no later

11 than June 30, 2022, the State Comptroller shall direct and the

12 State Treasurer shall transfer the sum of $685,000,000 from

13 the General Revenue Fund to the Income Tax Refund Fund. Moneys

14 from this transfer shall be used for the purpose of making the

15 one-time rebate payments provided under Section 212.1 of the

16 Illinois Income Tax Act.

17 (ee) ~~(aa)~~ In addition to any other transfers that may be

18 provided by law, beginning on April 19, 2022 (the effective

19 date of Public Act 102-700) ~~this amendatory Act of the 102nd~~

20 ~~General Assembly~~ and until December 31, 2023, at the direction

21 of the Department of Revenue, the State Comptroller shall

22 direct and the State Treasurer shall transfer from the General

23 Revenue Fund to the Income Tax Refund Fund any amounts needed

24 beyond the amounts transferred in subsection (dd) ~~(z)~~ to make

25 payments of the one-time rebate payments provided under

26 Section 212.1 of the Illinois Income Tax Act.

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LRB102 15815 JDS 42540 a

1 (ff) ~~(z)~~ In addition to any other transfers that may be

2 provided for by law, on April 19, 2022 (the effective date of

3 Public Act 102-700) ~~this amendatory Act of the 102nd General~~

4 ~~Assembly~~, or as soon thereafter as practical, but no later

5 than June 30, 2022, the State Comptroller shall direct and the

6 State Treasurer shall transfer the sum of $720,000,000 from

7 the General Revenue Fund to the Budget Stabilization Fund.

8 (gg) ~~(aa)~~ In addition to any other transfers that may be

9 provided for by law, on July 1, 2022, or as soon thereafter as

10 practical, the State Comptroller shall direct and the State

11 Treasurer shall transfer the sum of $280,000,000 from the

12 General Revenue Fund to the Budget Stabilization Fund.

13 (hh) ~~(bb)~~ In addition to any other transfers that may be

14 provided for by law, on July 1, 2022, or as soon thereafter as

15 practical, the State Comptroller shall direct and the State

16 Treasurer shall transfer the sum of $200,000,000 from the

17 General Revenue Fund to the Pension Stabilization Fund.

18 (ii) In addition to any other transfers that may be

19 provided for by law, on January 1, 2023, or as soon thereafter

20 as practical, the State Comptroller shall direct and the State

21 Treasurer shall transfer the sum of $850,000,000 from the

22 General Revenue Fund to the Budget Stabilization Fund.

23 (jj) In addition to any other transfers that may be

24 provided for by law, at a time or times during Fiscal Year 2023

25 as directed by the Governor, the State Comptroller shall

26 direct and the State Treasurer shall transfer up to a total of

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1 $400,000,000 from the General Revenue Fund to the Large

2 Business Attraction Fund.

3 (kk) In addition to any other transfers that may be

4 provided for by law, on January 1, 2023, or as soon thereafter

5 as practical, the State Comptroller shall direct and the State

6 Treasurer shall transfer the sum of $72,000,000 from the

7 General Revenue Fund to the Disaster Response and Recovery

8 Fund.

9 (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;

10 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 102-700, Article

11 40, Section 40-5, eff. 4-19-22; 102-700, Article 80, Section

12 80-5, eff. 4-19-22; revised 6-23-22.)

13 Section 5-25. The Budget Stabilization Act is amended by

14 changing Section 15 as follows:

15 (30 ILCS 122/15)

16 Sec. 15. Transfers to Budget Stabilization Fund.In

17 furtherance of the State's objective for the Budget

18 Stabilization Fund to have resources representing7.5% ~~5%~~ of

19 the State's annual general funds revenues:

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

21 appropriations and transfers or diversions as required by law

22 from general funds do not exceed 99% of the estimated general

23 funds revenues pursuant to subsection (a) of Section 10, the

24 Comptroller shall transfer from the General Revenue Fund as

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LRB102 15815 JDS 42540 a

1 provided by this Section a total amount equal to 0.5% of the

2 estimated general funds revenues to the Budget Stabilization

3 Fund.

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

5 appropriations and transfers or diversions as required by law

6 from general funds do not exceed 98% of the estimated general

7 funds revenues pursuant to subsection (b) of Section 10, the

8 Comptroller shall transfer from the General Revenue Fund as

9 provided by this Section a total amount equal to 1% of the

10 estimated general funds revenues to the Budget Stabilization

11 Fund.

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

13 amount to be transferred each fiscal year under this Section

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

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

16 The balance of the Budget Stabilization Fund shall not exceed

17 7.5%~~5%~~ of the total of general funds revenues estimated for

18 that fiscal year except as provided by subsection (d) of this

19 Section.

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

21 exceeds 7.5% ~~5%~~ of the total general funds revenues estimated

22 for that fiscal year, the additional transfers are not

23 required unless there are outstanding liabilities under

24 Section 25 of the State Finance Act from prior fiscal years. If

25 there are such outstanding Section 25 liabilities, then the

26 Comptroller shall continue to transfer 1/12 of the total

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LRB102 15815 JDS 42540 a

1 amount identified for transfer to the Budget Stabilization

2 Fund on the first day of each month of that fiscal year or as

3 soon thereafter as possible to be reserved for those Section

4 25 liabilities. Nothing in this Act prohibits the General

5 Assembly from appropriating additional moneys into the Budget

6 Stabilization Fund.

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

8 determined to be transferred to the Budget Stabilization Fund

9 shall be reconciled to actual general funds revenues for that

10 fiscal year. The final transfer for each fiscal year shall be

11 adjusted so that the total amount transferred under this

12 Section is equal to the percentage specified in subsection (a)

13 or (b) of this Section, as applicable, based on actual general

14 funds revenues calculated consistently with subsection (c) of

15 Section 10 of this Act for each fiscal year.

16 (f) For the fiscal year beginning July 1, 2006 and for each

17 fiscal year thereafter, the budget proposal to the General

18 Assembly shall identify liabilities incurred in a prior fiscal

19 year under Section 25 of the State Finance Act and the budget

20 proposal shall provide funding as allowable pursuant to

21 subsection (d) of this Section, if applicable.

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

23 Section 5-27. If and only if House Bill 4285 of the 102nd

24 General Assembly becomes law as amended by Senate Amendment

25 No. 2, the Illinois Procurement Code is amended by changing

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LRB102 15815 JDS 42540 a

1 Section 20-20 as follows:

2 (30 ILCS 500/20-20)

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

4 Sec. 20-20. Small purchases.

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

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

7 construction not exceeding $100,000, or any individual

8 procurement of professional or artistic services not exceeding

9 $100,000 may be made without competitive source selection.

10 Procurements shall not be artificially divided so as to

11 constitute a small purchase under this Section. Any

12 procurement of construction not exceeding $100,000 may be made

13 by an alternative competitive source selection. The

14 construction agency shall establish rules for an alternative

15 competitive source selection process. This Section does not

16 apply to construction-related professional services contracts

17 awarded in accordance with the provisions of the

18 Architectural, Engineering, and Land Surveying Qualifications

19 Based Selection Act.

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

21 established in subsection (a) shall be adjusted for inflation

22 as determined by the Consumer Price Index for All Urban

23 Consumers as determined by the United States Department of

24 Labor and rounded to the nearest $100.

25 (c) Based upon rules proposed by the Board and rules

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1 promulgated by the chief procurement officers, the small

2 purchase maximum established in subsection (a) may be

3 modified.

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

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

6 Sec. 20-20. Small purchases.

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

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

9 construction not exceeding $100,000 ~~$250,000~~, or any

10 individual procurement of professional or artistic services

11 not exceeding $100,000 may be made without competitive source

12 selection. Procurements shall not be artificially divided so

13 as to constitute a small purchase under this Section. Any

14 procurement of construction not exceeding $100,000 ~~$250,000~~

15 may be made by an alternative competitive source selection.

16 The construction agency shall establish rules for an

17 alternative competitive source selection process. This Section

18 does not apply to construction-related professional services

19 contracts awarded in accordance with the provisions of the

20 Architectural, Engineering, and Land Surveying Qualifications

21 Based Selection Act.

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

23 established in subsection (a) shall be adjusted for inflation

24 as determined by the Consumer Price Index for All Urban

25 Consumers as determined by the United States Department of

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1 Labor and rounded to the nearest $100.

2 (c) Based upon rules proposed by the Board and rules

3 promulgated by the chief procurement officers, the small

4 purchase maximum established in subsection (a) may be

5 modified.

6 (d) Certification. All small purchases with an annual

7 value that exceeds $50,000 shall be accompanied by Standard

8 Illinois Certifications in a form prescribed by each Chief

9 Procurement Officer.

10 (Source: P.A. 102-721, eff. 1-1-23; 10200HB4285sam002.)

11 Section 5-28. The Build Illinois Act is amended by

12 changing Section 10-6 as follows:

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

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

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

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

17 authorized to make loans from the Fund for the purposes

18 established under this Article. The State Treasurer shall have

19 custody of the Fund and may invest in securities constituting

20 direct obligations of the United States Government, in

21 obligations the principal of and interest on which are

22 guaranteed by the United States Government, or in certificates

23 of deposit of any State or national bank that are fully secured

24 by obligations guaranteed as to principal and interest by the

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1 United States Government. The purpose of the Fund is to offer

2 loans to finance large firms considering the location of a

3 proposed plant in the State and to provide financing to carry

4 out the purposes and provisions of paragraph (h) of Section

5 10-3. Financing shall be in the form of a loan, mortgage, or

6 other debt instrument. All loans shall be conditioned on the

7 project receiving financing from participating lenders or

8 other sources. Loan proceeds shall be available for project

9 costs associated with an expansion of business capacity and

10 employment, except for debt refinancing. Targeted companies

11 for the program shall primarily consist of established

12 industrial and service companies with proven records of

13 earnings that will sell their product to markets beyond

14 Illinois and have proven multistate location options. New

15 ventures shall be considered only if the entity is protected

16 with adequate security with regard to its financing and

17 operation. The limitations and conditions with respect to the

18 use of this Fund shall not apply in carrying out the purposes

19 and provisions of paragraph (h) of Section 10-3.

20 (b) Deposits into the Fund shall include, but are not

21 limited to:

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

23 Fund.

24 (2) Any income received from interest on investments

25 of amounts from the Fund not currently needed to meet the

26 obligations of the Fund.

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1 (c) The State Comptroller and the State Treasurer shall

2 from time to time, upon the written direction of the Governor,

3 transfer from the Fund to the General Revenue Fundor the

4 Budget Stabilization Fund, those amounts that the Governor

5 determines are in excess of the amounts required to meet the

6 obligations of the Fund. Any amounts transferred to the Budget

7 Stabilization Fund may be transferred back to the Large

8 Business Attraction Fund by the State Comptroller and the

9 State Treasurer, upon the written direction of the Governor.

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

11 Section 5-30. The Illinois Police Training Act is amended

12 by changing Section 6 as follows:

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

14 Sec. 6. Powers and duties of the Board; selection and

15 certification of schools. The Board shall select and certify

16 schools within the State of Illinois for the purpose of

17 providing basic training for probationary law enforcement

18 officers, probationary county corrections officers, and court

19 security officers and of providing advanced or in-service

20 training for permanent law enforcement officers or permanent

21 county corrections officers, which schools may be either

22 publicly or privately owned and operated. In addition, the

23 Board has the following power and duties:

24 a. To require law enforcement agencies to furnish such

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1 reports and information as the Board deems necessary to

2 fully implement this Act.

3 b. To establish appropriate mandatory minimum

4 standards relating to the training of probationary local

5 law enforcement officers or probationary county

6 corrections officers, and in-service training of permanent

7 law enforcement officers.

8 c. To provide appropriate certification to those

9 probationary officers who successfully complete the

10 prescribed minimum standard basic training course.

11 d. To review and approve annual training curriculum

12 for county sheriffs.

13 e. To review and approve applicants to ensure that no

14 applicant is admitted to a certified academy unless the

15 applicant is a person of good character and has not been

16 convicted of, found guilty of, entered a plea of guilty

17 to, or entered a plea of nolo contendere to a felony

18 offense, any of the misdemeanors in Sections 11-1.50,

19 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1,

20 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2,

21 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in

22 violation of any Section of Part E of Title III of the

23 Criminal Code of 1961 or the Criminal Code of 2012, or

24 subsection (a) of Section 17-32 of the Criminal Code of

25 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of

26 the Cannabis Control Act, or a crime involving moral

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1 turpitude under the laws of this State or any other state

2 which if committed in this State would be punishable as a

3 felony or a crime of moral turpitude, or any felony or

4 misdemeanor in violation of federal law or the law of any

5 state that is the equivalent of any of the offenses

6 specified therein. The Board may appoint investigators who

7 shall enforce the duties conferred upon the Board by this

8 Act.

9 For purposes of this paragraph e, a person is

10 considered to have been convicted of, found guilty of, or

11 entered a plea of guilty to, plea of nolo contendere to

12 regardless of whether the adjudication of guilt or

13 sentence is withheld or not entered thereon. This includes

14 sentences of supervision, conditional discharge, or first

15 offender probation, or any similar disposition provided

16 for by law.

17 f. To establish statewide standards for minimum

18 standards regarding regular mental health screenings for

19 probationary and permanent police officers, ensuring that

20 counseling sessions and screenings remain confidential.

21 g. To review and ensure all law enforcement officers

22 remain in compliance with this Act, and any administrative

23 rules adopted under this Act.

24 h. To suspend any certificate for a definite period,

25 limit or restrict any certificate, or revoke any

26 certificate.

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1 i. The Board and the Panel shall have power to secure

2 by its subpoena and bring before it any person or entity in

3 this State and to take testimony either orally or by

4 deposition or both with the same fees and mileage and in

5 the same manner as prescribed by law in judicial

6 proceedings in civil cases in circuit courts of this

7 State. The Board and the Panel shall also have the power to

8 subpoena the production of documents, papers, files,

9 books, documents, and records, whether in physical or

10 electronic form, in support of the charges and for

11 defense, and in connection with a hearing or

12 investigation.

13 j. The Executive Director, the administrative law

14 judge designated by the Executive Director, and each

15 member of the Board and the Panel shall have the power to

16 administer oaths to witnesses at any hearing that the

17 Board is authorized to conduct under this Act and any

18 other oaths required or authorized to be administered by

19 the Board under this Act.

20 k. In case of the neglect or refusal of any person to

21 obey a subpoena issued by the Board and the Panel, any

22 circuit court, upon application of the Board and the

23 Panel, through the Illinois Attorney General, may order

24 such person to appear before the Board and the Panel give

25 testimony or produce evidence, and any failure to obey

26 such order is punishable by the court as a contempt

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1 thereof. This order may be served by personal delivery, by

2 email, or by mail to the address of record or email address

3 of record.

4 l. The Board shall have the power to administer state

5 certification examinations. Any and all records related to

6 these examinations, including, but not limited to, test

7 questions, test formats, digital files, answer responses,

8 answer keys, and scoring information shall be exempt from

9 disclosure.

10 m. To make grants, subject to appropriation, to units

11 of local government and public institutions of higher

12 education for the purposes of hiring and retaining law

13 enforcement officers.

14 (Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,

15 Section 10-143, eff. 7-1-21; 101-652, Article 25, Section

16 25-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff.

17 1-7-22.)

18 Section 5-35. The Liquor Control Act of 1934 is amended by

19 adding Section 3-4.1 as follows:

20 (235 ILCS 5/3-4.1 new)

21 Sec. 3-4.1. Obtaining evidence. The State Commission has

22 the power to expend sums that the Executive Director deems

23 necessary for the purchase of evidence and for the employment

24 of persons to obtain evidence. The sums shall be advanced to

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1 employees authorized by the Executive Director to expend

2 funds, on vouchers signed by the Executive Director.

3 In addition, the Executive Director is authorized to

4 maintain one or more commercial checking accounts with any

5 State banking corporation or corporations organized under or

6 subject to the Illinois Banking Act for the deposit and

7 withdrawal of moneys to be used solely for the purchase of

8 evidence and for the employment of persons to obtain evidence.

9 No check may be written on nor any withdrawal made from such an

10 account except on the written signature of 2 persons

11 designated by the Executive Director to write those checks and

12 make those withdrawals. The balance of moneys on deposit in

13 any such account shall not exceed $25,000 at any time, nor

14 shall any one check written on or single withdrawal made from

15 any such account exceed $25,000.

16 Section 5-36. The Illinois Public Aid Code is amended by

17 changing Sections 4-1.6 as follows:

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

19 Sec. 4-1.6. Need. Income available to the family as

20 defined by the Illinois Department by rule, or to the child in

21 the case of a child removed from his or her home, when added to

22 contributions in money, substance or services from other

23 sources, including income available from parents absent from

24 the home or from a stepparent, contributions made for the

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1 benefit of the parent or other persons necessary to provide

2 care and supervision to the child, and contributions from

3 legally responsible relatives, must be equal to or less than

4 the grant amount established by Department regulation for such

5 a person. For purposes of eligibility for aid under this

6 Article, the Department shall (a) disregard all earned income

7 between the grant amount and 50% of the Federal Poverty Level

8 and (b) disregard the value of all assets held by the family.

9 In considering income to be taken into account,

10 consideration shall be given to any expenses reasonably

11 attributable to the earning of such income. Three-fourths of

12 the earned income of a household eligible for aid under this

13 Article shall be disregarded when determining the level of

14 assistance for which a household is eligible. All ~~The first~~

15 ~~$100 of~~ child support, whether it be current support, past

16 support owed, or future support, that is collected on or after

17 January 1, 2023 on behalf of a family ~~in a month for one child~~

18 ~~and the first $200 of child support collected on behalf of a~~

19 ~~family in a month for 2 or more children~~ shall be passed

20 through to the family and disregarded in determining the

21 amount of the assistance grant provided to the family under

22 this Article. Any amount of child support that would be

23 disregarded in determining the amount of the assistance grant

24 shall be disregarded in determining eligibility for cash

25 assistance provided under this Article. The Illinois

26 Department may also permit all or any portion of earned or

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1 other income to be set aside for the future identifiable needs

2 of a child. The Illinois Department may provide by rule and

3 regulation for the exemptions thus permitted or required. The

4 eligibility of any applicant for or recipient of public aid

5 under this Article is not affected by the payment of any grant

6 under the "Senior Citizens and Persons with Disabilities

7 Property Tax Relief Act" or any distributions or items of

8 income described under subparagraph (X) of paragraph (2) of

9 subsection (a) of Section 203 of the Illinois Income Tax Act.

10 The Illinois Department may, by rule, set forth criteria

11 under which an assistance unit is ineligible for cash

12 assistance under this Article for a specified number of months

13 due to the receipt of a lump sum payment.

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

15 99-899, eff. 1-1-17.)

16 Section 5-37. The Illinois Public Aid Code is amended by

17 changing Section 5A-12.7 as follows:

18 (305 ILCS 5/5A-12.7)

19 (Section scheduled to be repealed on December 31, 2026)

20 Sec. 5A-12.7. Continuation of hospital access payments on

21 and after July 1, 2020.

22 (a) To preserve and improve access to hospital services,

23 for hospital services rendered on and after July 1, 2020, the

24 Department shall, except for hospitals described in subsection

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1 (b) of Section 5A-3, make payments to hospitals or require

2 capitated managed care organizations to make payments as set

3 forth in this Section. Payments under this Section are not due

4 and payable, however, until: (i) the methodologies described

5 in this Section are approved by the federal government in an

6 appropriate State Plan amendment or directed payment preprint;

7 and (ii) the assessment imposed under this Article is

8 determined to be a permissible tax under Title XIX of the

9 Social Security Act. In determining the hospital access

10 payments authorized under subsection (g) of this Section, if a

11 hospital ceases to qualify for payments from the pool, the

12 payments for all hospitals continuing to qualify for payments

13 from such pool shall be uniformly adjusted to fully expend the

14 aggregate net amount of the pool, with such adjustment being

15 effective on the first day of the second month following the

16 date the hospital ceases to receive payments from such pool.

17 (b) Amounts moved into claims-based rates and distributed

18 in accordance with Section 14-12 shall remain in those

19 claims-based rates.

20 (c) Graduate medical education.

21 (1) The calculation of graduate medical education

22 payments shall be based on the hospital's Medicare cost

23 report ending in Calendar Year 2018, as reported in the

24 Healthcare Cost Report Information System file, release

25 date September 30, 2019. An Illinois hospital reporting

26 intern and resident cost on its Medicare cost report shall

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1 be eligible for graduate medical education payments.

2 (2) Each hospital's annualized Medicaid Intern

3 Resident Cost is calculated using annualized intern and

4 resident total costs obtained from Worksheet B Part I,

5 Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93,

6 96-98, and 105-112 multiplied by the percentage that the

7 hospital's Medicaid days (Worksheet S3 Part I, Column 7,

8 Lines 2, 3, 4, 14, 16-18, and 32) comprise of the

9 hospital's total days (Worksheet S3 Part I, Column 8,

10 Lines 14, 16-18, and 32).

11 (3) An annualized Medicaid indirect medical education

12 (IME) payment is calculated for each hospital using its

13 IME payments (Worksheet E Part A, Line 29, Column 1)

14 multiplied by the percentage that its Medicaid days

15 (Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18,

16 and 32) comprise of its Medicare days (Worksheet S3 Part

17 I, Column 6, Lines 2, 3, 4, 14, and 16-18).

18 (4) For each hospital, its annualized Medicaid Intern

19 Resident Cost and its annualized Medicaid IME payment are

20 summed, and, except as capped at 120% of the average cost

21 per intern and resident for all qualifying hospitals as

22 calculated under this paragraph, is multiplied by the

23 applicable reimbursement factor as described in this

24 paragraph, to determine the hospital's final graduate

25 medical education payment. Each hospital's average cost

26 per intern and resident shall be calculated by summing its

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1 total annualized Medicaid Intern Resident Cost plus its

2 annualized Medicaid IME payment and dividing that amount

3 by the hospital's total Full Time Equivalent Residents and

4 Interns. If the hospital's average per intern and resident

5 cost is greater than 120% of the same calculation for all

6 qualifying hospitals, the hospital's per intern and

7 resident cost shall be capped at 120% of the average cost

8 for all qualifying hospitals.

9 (A) For the period of July 1, 2020 through

10 December 31, 2022, the applicable reimbursement factor

11 shall be 22.6%.

12 (B) For the period of January 1, 2023 through

13 December 31, 2026, the applicable reimbursement factor

14 shall be 35% for all qualified safety-net hospitals,

15 as defined in Section 5-5e.1 of this Code, and all

16 hospitals with 100 or more Full Time Equivalent

17 Residents and Interns, as reported on the hospital's

18 Medicare cost report ending in Calendar Year 2018, and

19 for all other qualified hospitals the applicable

20 reimbursement factor shall be 30%.

21 (d) Fee-for-service supplemental payments. For the period

22 of July 1, 2020 through December 31, 2022, each Illinois

23 hospital shall receive an annual payment equal to the amounts

24 below, to be paid in 12 equal installments on or before the

25 seventh State business day of each month, except that no

26 payment shall be due within 30 days after the later of the date

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1 of notification of federal approval of the payment

2 methodologies required under this Section or any waiver

3 required under 42 CFR 433.68, at which time the sum of amounts

4 required under this Section prior to the date of notification

5 is due and payable.

6 (1) For critical access hospitals, $385 per covered

7 inpatient day contained in paid fee-for-service claims and

8 $530 per paid fee-for-service outpatient claim for dates

9 of service in Calendar Year 2019 in the Department's

10 Enterprise Data Warehouse as of May 11, 2020.

11 (2) For safety-net hospitals, $960 per covered

12 inpatient day contained in paid fee-for-service claims and

13 $625 per paid fee-for-service outpatient claim for dates

14 of service in Calendar Year 2019 in the Department's

15 Enterprise Data Warehouse as of May 11, 2020.

16 (3) For long term acute care hospitals, $295 per

17 covered inpatient day contained in paid fee-for-service

18 claims for dates of service in Calendar Year 2019 in the

19 Department's Enterprise Data Warehouse as of May 11, 2020.

20 (4) For freestanding psychiatric hospitals, $125 per

21 covered inpatient day contained in paid fee-for-service

22 claims and $130 per paid fee-for-service outpatient claim

23 for dates of service in Calendar Year 2019 in the

24 Department's Enterprise Data Warehouse as of May 11, 2020.

25 (5) For freestanding rehabilitation hospitals, $355

26 per covered inpatient day contained in paid

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1 fee-for-service claims for dates of service in Calendar

2 Year 2019 in the Department's Enterprise Data Warehouse as

3 of May 11, 2020.

4 (6) For all general acute care hospitals and high

5 Medicaid hospitals as defined in subsection (f), $350 per

6 covered inpatient day for dates of service in Calendar

7 Year 2019 contained in paid fee-for-service claims and

8 $620 per paid fee-for-service outpatient claim in the

9 Department's Enterprise Data Warehouse as of May 11, 2020.

10 (7) Alzheimer's treatment access payment. Each

11 Illinois academic medical center or teaching hospital, as

12 defined in Section 5-5e.2 of this Code, that is identified

13 as the primary hospital affiliate of one of the Regional

14 Alzheimer's Disease Assistance Centers, as designated by

15 the Alzheimer's Disease Assistance Act and identified in

16 the Department of Public Health's Alzheimer's Disease

17 State Plan dated December 2016, shall be paid an

18 Alzheimer's treatment access payment equal to the product

19 of the qualifying hospital's State Fiscal Year 2018 total

20 inpatient fee-for-service days multiplied by the

21 applicable Alzheimer's treatment rate of $226.30 for

22 hospitals located in Cook County and $116.21 for hospitals

23 located outside Cook County.

24 (d-2) Fee-for-service supplemental payments. Beginning

25 January 1, 2023, each Illinois hospital shall receive an

26 annual payment equal to the amounts listed below, to be paid in

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1 12 equal installments on or before the seventh State business

2 day of each month, except that no payment shall be due within

3 30 days after the later of the date of notification of federal

4 approval of the payment methodologies required under this

5 Section or any waiver required under 42 CFR 433.68, at which

6 time the sum of amounts required under this Section prior to

7 the date of notification is due and payable. The Department

8 may adjust the rates in paragraphs (1) through (7) to comply

9 with the federal upper payment limits, with such adjustments

10 being determined so that the total estimated spending by

11 hospital class, under such adjusted rates, remains

12 substantially similar to the total estimated spending under

13 the original rates set forth in this subsection.

14 (1) For critical access hospitals, as defined in

15 subsection (f), $750 per covered inpatient day contained

16 in paid fee-for-service claims and $750 per paid

17 fee-for-service outpatient claim for dates of service in

18 Calendar Year 2019 in the Department's Enterprise Data

19 Warehouse as of August 6, 2021.

20 (2) For safety-net hospitals, as described in

21 subsection (f), $1,350 per inpatient day contained in paid

22 fee-for-service claims and $1,350 per paid fee-for-service

23 outpatient claim for dates of service in Calendar Year

24 2019 in the Department's Enterprise Data Warehouse as of

25 August 6, 2021.

26 (3) For long term acute care hospitals, $550 per

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1 covered inpatient day contained in paid fee-for-service

2 claims for dates of service in Calendar Year 2019 in the

3 Department's Enterprise Data Warehouse as of August 6,

4 2021.

5 (4) For freestanding psychiatric hospitals, $200 per

6 covered inpatient day contained in paid fee-for-service

7 claims and $200 per paid fee-for-service outpatient claim

8 for dates of service in Calendar Year 2019 in the

9 Department's Enterprise Data Warehouse as of August 6,

10 2021.

11 (5) For freestanding rehabilitation hospitals, $550

12 per covered inpatient day contained in paid

13 fee-for-service claims and $125 per paid fee-for-service

14 outpatient claim for dates of service in Calendar Year

15 2019 in the Department's Enterprise Data Warehouse as of

16 August 6, 2021.

17 (6) For all general acute care hospitals and high

18 Medicaid hospitals as defined in subsection (f), $500 per

19 covered inpatient day for dates of service in Calendar

20 Year 2019 contained in paid fee-for-service claims and

21 $500 per paid fee-for-service outpatient claim in the

22 Department's Enterprise Data Warehouse as of August 6,

23 2021.

24 (7) For public hospitals, as defined in subsection

25 (f), $275 per covered inpatient day contained in paid

26 fee-for-service claims and $275 per paid fee-for-service

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1 outpatient claim for dates of service in Calendar Year

2 2019 in the Department's Enterprise Data Warehouse as of

3 August 6, 2021.

4 (8) Alzheimer's treatment access payment. Each

5 Illinois academic medical center or teaching hospital, as

6 defined in Section 5-5e.2 of this Code, that is identified

7 as the primary hospital affiliate of one of the Regional

8 Alzheimer's Disease Assistance Centers, as designated by

9 the Alzheimer's Disease Assistance Act and identified in

10 the Department of Public Health's Alzheimer's Disease

11 State Plan dated December 2016, shall be paid an

12 Alzheimer's treatment access payment equal to the product

13 of the qualifying hospital's Calendar Year 2019 total

14 inpatient fee-for-service days, in the Department's

15 Enterprise Data Warehouse as of August 6, 2021, multiplied

16 by the applicable Alzheimer's treatment rate of $244.37

17 for hospitals located in Cook County and $312.03 for

18 hospitals located outside Cook County.

19 (e) The Department shall require managed care

20 organizations (MCOs) to make directed payments and

21 pass-through payments according to this Section. Each calendar

22 year, the Department shall require MCOs to pay the maximum

23 amount out of these funds as allowed as pass-through payments

24 under federal regulations. The Department shall require MCOs

25 to make such pass-through payments as specified in this

26 Section. The Department shall require the MCOs to pay the

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1 remaining amounts as directed Payments as specified in this

2 Section. The Department shall issue payments to the

3 Comptroller by the seventh business day of each month for all

4 MCOs that are sufficient for MCOs to make the directed

5 payments and pass-through payments according to this Section.

6 The Department shall require the MCOs to make pass-through

7 payments and directed payments using electronic funds

8 transfers (EFT), if the hospital provides the information

9 necessary to process such EFTs, in accordance with directions

10 provided monthly by the Department, within 7 business days of

11 the date the funds are paid to the MCOs, as indicated by the

12 "Paid Date" on the website of the Office of the Comptroller if

13 the funds are paid by EFT and the MCOs have received directed

14 payment instructions. If funds are not paid through the

15 Comptroller by EFT, payment must be made within 7 business

16 days of the date actually received by the MCO. The MCO will be

17 considered to have paid the pass-through payments when the

18 payment remittance number is generated or the date the MCO

19 sends the check to the hospital, if EFT information is not

20 supplied. If an MCO is late in paying a pass-through payment or

21 directed payment as required under this Section (including any

22 extensions granted by the Department), it shall pay a penalty,

23 unless waived by the Department for reasonable cause, to the

24 Department equal to 5% of the amount of the pass-through

25 payment or directed payment not paid on or before the due date

26 plus 5% of the portion thereof remaining unpaid on the last day

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1 of each 30-day period thereafter. Payments to MCOs that would

2 be paid consistent with actuarial certification and enrollment

3 in the absence of the increased capitation payments under this

4 Section shall not be reduced as a consequence of payments made

5 under this subsection. The Department shall publish and

6 maintain on its website for a period of no less than 8 calendar

7 quarters, the quarterly calculation of directed payments and

8 pass-through payments owed to each hospital from each MCO. All

9 calculations and reports shall be posted no later than the

10 first day of the quarter for which the payments are to be

11 issued.

12 (f)(1) For purposes of allocating the funds included in

13 capitation payments to MCOs, Illinois hospitals shall be

14 divided into the following classes as defined in

15 administrative rules:

16 (A) Beginning July 1, 2020 through December 31, 2022,

17 critical access hospitals. Beginning January 1, 2023,

18 "critical access hospital" means a hospital designated by

19 the Department of Public Health as a critical access

20 hospital, excluding any hospital meeting the definition of

21 a public hospital in subparagraph (F).

22 (B) Safety-net hospitals, except that stand-alone

23 children's hospitals that are not specialty children's

24 hospitals will not be included. For the calendar year

25 beginning January 1, 2023, and each calendar year

26 thereafter, assignment to the safety-net class shall be

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1 based on the annual safety-net rate year beginning 15

2 months before the beginning of the first Payout Quarter of

3 the calendar year.

4 (C) Long term acute care hospitals.

5 (D) Freestanding psychiatric hospitals.

6 (E) Freestanding rehabilitation hospitals.

7 (F) Beginning January 1, 2023, "public hospital" means

8 a hospital that is owned or operated by an Illinois

9 Government body or municipality, excluding a hospital

10 provider that is a State agency, a State university, or a

11 county with a population of 3,000,000 or more.

12 (G) High Medicaid hospitals.

13 (i) As used in this Section, "high Medicaid

14 hospital" means a general acute care hospital that:

15 (I) For the payout periods July 1, 2020

16 through December 31, 2022, is not a safety-net

17 hospital or critical access hospital and that has

18 a Medicaid Inpatient Utilization Rate above 30% or

19 a hospital that had over 35,000 inpatient Medicaid

20 days during the applicable period. For the period

21 July 1, 2020 through December 31, 2020, the

22 applicable period for the Medicaid Inpatient

23 Utilization Rate (MIUR) is the rate year 2020 MIUR

24 and for the number of inpatient days it is State

25 fiscal year 2018. Beginning in calendar year 2021,

26 the Department shall use the most recently

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1 determined MIUR, as defined in subsection (h) of

2 Section 5-5.02, and for the inpatient day

3 threshold, the State fiscal year ending 18 months

4 prior to the beginning of the calendar year. For

5 purposes of calculating MIUR under this Section,

6 children's hospitals and affiliated general acute

7 care hospitals shall be considered a single

8 hospital.

9 (II) For the calendar year beginning January

10 1, 2023, and each calendar year thereafter, is not

11 a public hospital, safety-net hospital, or

12 critical access hospital and that qualifies as a

13 regional high volume hospital or is a hospital

14 that has a Medicaid Inpatient Utilization Rate

15 (MIUR) above 30%. As used in this item, "regional

16 high volume hospital" means a hospital which ranks

17 in the top 2 quartiles based on total hospital

18 services volume, of all eligible general acute

19 care hospitals, when ranked in descending order

20 based on total hospital services volume, within

21 the same Medicaid managed care region, as

22 designated by the Department, as of January 1,

23 2022. As used in this item, "total hospital

24 services volume" means the total of all Medical

25 Assistance hospital inpatient admissions plus all

26 Medical Assistance hospital outpatient visits. For

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1 purposes of determining regional high volume

2 hospital inpatient admissions and outpatient

3 visits, the Department shall use dates of service

4 provided during State Fiscal Year 2020 for the

5 Payout Quarter beginning January 1, 2023. The

6 Department shall use dates of service from the

7 State fiscal year ending 18 month before the

8 beginning of the first Payout Quarter of the

9 subsequent annual determination period.

10 (ii) For the calendar year beginning January 1,

11 2023, the Department shall use the Rate Year 2022

12 Medicaid inpatient utilization rate (MIUR), as defined

13 in subsection (h) of Section 5-5.02. For each

14 subsequent annual determination, the Department shall

15 use the MIUR applicable to the rate year ending

16 September 30 of the year preceding the beginning of

17 the calendar year.

18 (H) General acute care hospitals. As used under this

19 Section, "general acute care hospitals" means all other

20 Illinois hospitals not identified in subparagraphs (A)

21 through (G).

22 (2) Hospitals' qualification for each class shall be

23 assessed prior to the beginning of each calendar year and the

24 new class designation shall be effective January 1 of the next

25 year. The Department shall publish by rule the process for

26 establishing class determination.

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1 (g) Fixed pool directed payments. Beginning July 1, 2020,

2 the Department shall issue payments to MCOs which shall be

3 used to issue directed payments to qualified Illinois

4 safety-net hospitals and critical access hospitals on a

5 monthly basis in accordance with this subsection. Prior to the

6 beginning of each Payout Quarter beginning July 1, 2020, the

7 Department shall use encounter claims data from the

8 Determination Quarter, accepted by the Department's Medicaid

9 Management Information System for inpatient and outpatient

10 services rendered by safety-net hospitals and critical access

11 hospitals to determine a quarterly uniform per unit add-on for

12 each hospital class.

13 (1) Inpatient per unit add-on. A quarterly uniform per

14 diem add-on shall be derived by dividing the quarterly

15 Inpatient Directed Payments Pool amount allocated to the

16 applicable hospital class by the total inpatient days

17 contained on all encounter claims received during the

18 Determination Quarter, for all hospitals in the class.

19 (A) Each hospital in the class shall have a

20 quarterly inpatient directed payment calculated that

21 is equal to the product of the number of inpatient days

22 attributable to the hospital used in the calculation

23 of the quarterly uniform class per diem add-on,

24 multiplied by the calculated applicable quarterly

25 uniform class per diem add-on of the hospital class.

26 (B) Each hospital shall be paid 1/3 of its

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1 quarterly inpatient directed payment in each of the 3

2 months of the Payout Quarter, in accordance with

3 directions provided to each MCO by the Department.

4 (2) Outpatient per unit add-on. A quarterly uniform

5 per claim add-on shall be derived by dividing the

6 quarterly Outpatient Directed Payments Pool amount

7 allocated to the applicable hospital class by the total

8 outpatient encounter claims received during the

9 Determination Quarter, for all hospitals in the class.

10 (A) Each hospital in the class shall have a

11 quarterly outpatient directed payment calculated that

12 is equal to the product of the number of outpatient

13 encounter claims attributable to the hospital used in

14 the calculation of the quarterly uniform class per

15 claim add-on, multiplied by the calculated applicable

16 quarterly uniform class per claim add-on of the

17 hospital class.

18 (B) Each hospital shall be paid 1/3 of its

19 quarterly outpatient directed payment in each of the 3

20 months of the Payout Quarter, in accordance with

21 directions provided to each MCO by the Department.

22 (3) Each MCO shall pay each hospital the Monthly

23 Directed Payment as identified by the Department on its

24 quarterly determination report.

25 (4) Definitions. As used in this subsection:

26 (A) "Payout Quarter" means each 3 month calendar

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1 quarter, beginning July 1, 2020.

2 (B) "Determination Quarter" means each 3 month

3 calendar quarter, which ends 3 months prior to the

4 first day of each Payout Quarter.

5 (5) For the period July 1, 2020 through December 2020,

6 the following amounts shall be allocated to the following

7 hospital class directed payment pools for the quarterly

8 development of a uniform per unit add-on:

9 (A) $2,894,500 for hospital inpatient services for

10 critical access hospitals.

11 (B) $4,294,374 for hospital outpatient services

12 for critical access hospitals.

13 (C) $29,109,330 for hospital inpatient services

14 for safety-net hospitals.

15 (D) $35,041,218 for hospital outpatient services

16 for safety-net hospitals.

17 (6) For the period January 1, 2023 through December

18 31, 2023, the Department shall establish the amounts that

19 shall be allocated to the hospital class directed payment

20 fixed pools identified in this paragraph for the quarterly

21 development of a uniform per unit add-on. The Department

22 shall establish such amounts so that the total amount of

23 payments to each hospital under this Section in calendar

24 year 2023 is projected to be substantially similar to the

25 total amount of such payments received by the hospital

26 under this Section in calendar year 2021, adjusted for

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1 increased funding provided for fixed pool directed

2 payments under subsection (g) in calendar year 2022,

3 assuming that the volume and acuity of claims are held

4 constant. The Department shall publish the directed

5 payment fixed pool amounts to be established under this

6 paragraph on its website by November 15, 2022.

7 (A) Hospital inpatient services for critical

8 access hospitals.

9 (B) Hospital outpatient services for critical

10 access hospitals.

11 (C) Hospital inpatient services for public

12 hospitals.

13 (D) Hospital outpatient services for public

14 hospitals.

15 (E) Hospital inpatient services for safety-net

16 hospitals.

17 (F) Hospital outpatient services for safety-net

18 hospitals.

19 (7) Semi-annual rate maintenance review. The

20 Department shall ensure that hospitals assigned to the

21 fixed pools in paragraph (6) are paid no less than 95% of

22 the annual initial rate for each 6-month period of each

23 annual payout period. For each calendar year, the

24 Department shall calculate the annual initial rate per day

25 and per visit for each fixed pool hospital class listed in

26 paragraph (6), by dividing the total of all applicable

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1 inpatient or outpatient directed payments issued in the

2 preceding calendar year to the hospitals in each fixed

3 pool class for the calendar year, plus any increase

4 resulting from the annual adjustments described in

5 subsection (i), by the actual applicable total service

6 units for the preceding calendar year which were the basis

7 of the total applicable inpatient or outpatient directed

8 payments issued to the hospitals in each fixed pool class

9 in the calendar year, except that for calendar year 2023,

10 the service units from calendar year 2021 shall be used.

11 (A) The Department shall calculate the effective

12 rate, per day and per visit, for the payout periods of

13 January to June and July to December of each year, for

14 each fixed pool listed in paragraph (6), by dividing

15 50% of the annual pool by the total applicable

16 reported service units for the 2 applicable

17 determination quarters.

18 (B) If the effective rate calculated in

19 subparagraph (A) is less than 95% of the annual

20 initial rate assigned to the class for each pool under

21 paragraph (6), the Department shall adjust the payment

22 for each hospital to a level equal to no less than 95%

23 of the annual initial rate, by issuing a retroactive

24 adjustment payment for the 6-month period under review

25 as identified in subparagraph (A).

26 (h) Fixed rate directed payments. Effective July 1, 2020,

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1 the Department shall issue payments to MCOs which shall be

2 used to issue directed payments to Illinois hospitals not

3 identified in paragraph (g) on a monthly basis. Prior to the

4 beginning of each Payout Quarter beginning July 1, 2020, the

5 Department shall use encounter claims data from the

6 Determination Quarter, accepted by the Department's Medicaid

7 Management Information System for inpatient and outpatient

8 services rendered by hospitals in each hospital class

9 identified in paragraph (f) and not identified in paragraph

10 (g). For the period July 1, 2020 through December 2020, the

11 Department shall direct MCOs to make payments as follows:

12 (1) For general acute care hospitals an amount equal

13 to $1,750 multiplied by the hospital's category of service

14 20 case mix index for the determination quarter multiplied

15 by the hospital's total number of inpatient admissions for

16 category of service 20 for the determination quarter.

17 (2) For general acute care hospitals an amount equal

18 to $160 multiplied by the hospital's category of service

19 21 case mix index for the determination quarter multiplied

20 by the hospital's total number of inpatient admissions for

21 category of service 21 for the determination quarter.

22 (3) For general acute care hospitals an amount equal

23 to $80 multiplied by the hospital's category of service 22

24 case mix index for the determination quarter multiplied by

25 the hospital's total number of inpatient admissions for

26 category of service 22 for the determination quarter.

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1 (4) For general acute care hospitals an amount equal

2 to $375 multiplied by the hospital's category of service

3 24 case mix index for the determination quarter multiplied

4 by the hospital's total number of category of service 24

5 paid EAPG (EAPGs) for the determination quarter.

6 (5) For general acute care hospitals an amount equal

7 to $240 multiplied by the hospital's category of service

8 27 and 28 case mix index for the determination quarter

9 multiplied by the hospital's total number of category of

10 service 27 and 28 paid EAPGs for the determination

11 quarter.

12 (6) For general acute care hospitals an amount equal

13 to $290 multiplied by the hospital's category of service

14 29 case mix index for the determination quarter multiplied

15 by the hospital's total number of category of service 29

16 paid EAPGs for the determination quarter.

17 (7) For high Medicaid hospitals an amount equal to

18 $1,800 multiplied by the hospital's category of service 20

19 case mix index for the determination quarter multiplied by

20 the hospital's total number of inpatient admissions for

21 category of service 20 for the determination quarter.

22 (8) For high Medicaid hospitals an amount equal to

23 $160 multiplied by the hospital's category of service 21

24 case mix index for the determination quarter multiplied by

25 the hospital's total number of inpatient admissions for

26 category of service 21 for the determination quarter.

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1 (9) For high Medicaid hospitals an amount equal to $80

2 multiplied by the hospital's category of service 22 case

3 mix index for the determination quarter multiplied by the

4 hospital's total number of inpatient admissions for

5 category of service 22 for the determination quarter.

6 (10) For high Medicaid hospitals an amount equal to

7 $400 multiplied by the hospital's category of service 24

8 case mix index for the determination quarter multiplied by

9 the hospital's total number of category of service 24 paid

10 EAPG outpatient claims for the determination quarter.

11 (11) For high Medicaid hospitals an amount equal to

12 $240 multiplied by the hospital's category of service 27

13 and 28 case mix index for the determination quarter

14 multiplied by the hospital's total number of category of

15 service 27 and 28 paid EAPGs for the determination

16 quarter.

17 (12) For high Medicaid hospitals an amount equal to

18 $290 multiplied by the hospital's category of service 29

19 case mix index for the determination quarter multiplied by

20 the hospital's total number of category of service 29 paid

21 EAPGs for the determination quarter.

22 (13) For long term acute care hospitals the amount of

23 $495 multiplied by the hospital's total number of

24 inpatient days for the determination quarter.

25 (14) For psychiatric hospitals the amount of $210

26 multiplied by the hospital's total number of inpatient

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1 days for category of service 21 for the determination

2 quarter.

3 (15) For psychiatric hospitals the amount of $250

4 multiplied by the hospital's total number of outpatient

5 claims for category of service 27 and 28 for the

6 determination quarter.

7 (16) For rehabilitation hospitals the amount of $410

8 multiplied by the hospital's total number of inpatient

9 days for category of service 22 for the determination

10 quarter.

11 (17) For rehabilitation hospitals the amount of $100

12 multiplied by the hospital's total number of outpatient

13 claims for category of service 29 for the determination

14 quarter.

15 (18) Effective for the Payout Quarter beginning

16 January 1, 2023, for the directed payments to hospitals

17 required under this subsection, the Department shall

18 establish the amounts that shall be used to calculate such

19 directed payments using the methodologies specified in

20 this paragraph. The Department shall use a single, uniform

21 rate, adjusted for acuity as specified in paragraphs (1)

22 through (12), for all categories of inpatient services

23 provided by each class of hospitals and a single uniform

24 rate, adjusted for acuity as specified in paragraphs (1)

25 through (12), for all categories of outpatient services

26 provided by each class of hospitals. The Department shall

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1 establish such amounts so that the total amount of

2 payments to each hospital under this Section in calendar

3 year 2023 is projected to be substantially similar to the

4 total amount of such payments received by the hospital

5 under this Section in calendar year 2021, adjusted for

6 increased funding provided for fixed pool directed

7 payments under subsection (g) in calendar year 2022,

8 assuming that the volume and acuity of claims are held

9 constant. The Department shall publish the directed

10 payment amounts to be established under this subsection on

11 its website by November 15, 2022.

12 (19) Each hospital shall be paid 1/3 of their

13 quarterly inpatient and outpatient directed payment in

14 each of the 3 months of the Payout Quarter, in accordance

15 with directions provided to each MCO by the Department.

16 20 Each MCO shall pay each hospital the Monthly

17 Directed Payment amount as identified by the Department on

18 its quarterly determination report.

19 Notwithstanding any other provision of this subsection, if

20 the Department determines that the actual total hospital

21 utilization data that is used to calculate the fixed rate

22 directed payments is substantially different than anticipated

23 when the rates in this subsection were initially determined

24 for unforeseeable circumstances (such as the COVID-19 pandemic

25 or some other public health emergency), the Department may

26 adjust the rates specified in this subsection so that the

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1 total directed payments approximate the total spending amount

2 anticipated when the rates were initially established.

3 Definitions. As used in this subsection:

4 (A) "Payout Quarter" means each calendar quarter,

5 beginning July 1, 2020.

6 (B) "Determination Quarter" means each calendar

7 quarter which ends 3 months prior to the first day of

8 each Payout Quarter.

9 (C) "Case mix index" means a hospital specific

10 calculation. For inpatient claims the case mix index

11 is calculated each quarter by summing the relative

12 weight of all inpatient Diagnosis-Related Group (DRG)

13 claims for a category of service in the applicable

14 Determination Quarter and dividing the sum by the

15 number of sum total of all inpatient DRG admissions

16 for the category of service for the associated claims.

17 The case mix index for outpatient claims is calculated

18 each quarter by summing the relative weight of all

19 paid EAPGs in the applicable Determination Quarter and

20 dividing the sum by the sum total of paid EAPGs for the

21 associated claims.

22 (i) Beginning January 1, 2021, the rates for directed

23 payments shall be recalculated in order to spend the

24 additional funds for directed payments that result from

25 reduction in the amount of pass-through payments allowed under

26 federal regulations. The additional funds for directed

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1 payments shall be allocated proportionally to each class of

2 hospitals based on that class' proportion of services.

3 (1) Beginning January 1, 2024, the fixed pool directed

4 payment amounts and the associated annual initial rates

5 referenced in paragraph (6) of subsection (f) for each

6 hospital class shall be uniformly increased by a ratio of

7 not less than, the ratio of the total pass-through

8 reduction amount pursuant to paragraph (4) of subsection

9 (j), for the hospitals comprising the hospital fixed pool

10 directed payment class for the next calendar year, to the

11 total inpatient and outpatient directed payments for the

12 hospitals comprising the hospital fixed pool directed

13 payment class paid during the preceding calendar year.

14 (2) Beginning January 1, 2024, the fixed rates for the

15 directed payments referenced in paragraph (18) of

16 subsection (h) for each hospital class shall be uniformly

17 increased by a ratio of not less than, the ratio of the

18 total pass-through reduction amount pursuant to paragraph

19 (4) of subsection (j), for the hospitals comprising the

20 hospital directed payment class for the next calendar

21 year, to the total inpatient and outpatient directed

22 payments for the hospitals comprising the hospital fixed

23 rate directed payment class paid during the preceding

24 calendar year.

25 (j) Pass-through payments.

26 (1) For the period July 1, 2020 through December 31,

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1 2020, the Department shall assign quarterly pass-through

2 payments to each class of hospitals equal to one-fourth of

3 the following annual allocations:

4 (A) $390,487,095 to safety-net hospitals.

5 (B) $62,553,886 to critical access hospitals.

6 (C) $345,021,438 to high Medicaid hospitals.

7 (D) $551,429,071 to general acute care hospitals.

8 (E) $27,283,870 to long term acute care hospitals.

9 (F) $40,825,444 to freestanding psychiatric

10 hospitals.

11 (G) $9,652,108 to freestanding rehabilitation

12 hospitals.

13 (2) For the period of July 1, 2020 through December

14 31, 2020, the pass-through payments shall at a minimum

15 ensure hospitals receive a total amount of monthly

16 payments under this Section as received in calendar year

17 2019 in accordance with this Article and paragraph (1) of

18 subsection (d-5) of Section 14-12, exclusive of amounts

19 received through payments referenced in subsection (b).

20 (3) For the calendar year beginning January 1, 2023,

21 the Department shall establish the annual pass-through

22 allocation to each class of hospitals and the pass-through

23 payments to each hospital so that the total amount of

24 payments to each hospital under this Section in calendar

25 year 2023 is projected to be substantially similar to the

26 total amount of such payments received by the hospital

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1 under this Section in calendar year 2021, adjusted for

2 increased funding provided for fixed pool directed

3 payments under subsection (g) in calendar year 2022,

4 assuming that the volume and acuity of claims are held

5 constant. The Department shall publish the pass-through

6 allocation to each class and the pass-through payments to

7 each hospital to be established under this subsection on

8 its website by November 15, 2022.

9 (4) For the calendar years beginning January 1, 2021,

10 January 1, 2022, and January 1, 2024, and each calendar

11 year thereafter, each hospital's pass-through payment

12 amount shall be reduced proportionally to the reduction of

13 all pass-through payments required by federal regulations.

14 (k) At least 30 days prior to each calendar year, the

15 Department shall notify each hospital of changes to the

16 payment methodologies in this Section, including, but not

17 limited to, changes in the fixed rate directed payment rates,

18 the aggregate pass-through payment amount for all hospitals,

19 and the hospital's pass-through payment amount for the

20 upcoming calendar year.

21 (l) Notwithstanding any other provisions of this Section,

22 the Department may adopt rules to change the methodology for

23 directed and pass-through payments as set forth in this

24 Section, but only to the extent necessary to obtain federal

25 approval of a necessary State Plan amendment or Directed

26 Payment Preprint or to otherwise conform to federal law or

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1 federal regulation.

2 (m) As used in this subsection, "managed care

3 organization" or "MCO" means an entity which contracts with

4 the Department to provide services where payment for medical

5 services is made on a capitated basis, excluding contracted

6 entities for dual eligible or Department of Children and

7 Family Services youth populations.

8 (n) In order to address the escalating infant mortality

9 rates among minority communities in Illinois, the State shall,

10 subject to appropriation, create a pool of funding of at least

11 $50,000,000 annually to be disbursed among safety-net

12 hospitals that maintain perinatal designation from the

13 Department of Public Health. The funding shall be used to

14 preserve or enhance OB/GYN services or other specialty

15 services at the receiving hospital, with the distribution of

16 funding to be established by rule and with consideration to

17 perinatal hospitals with safe birthing levels and quality

18 metrics for healthy mothers and babies.

19 (o) In order to address the growing challenges of

20 providing stable access to healthcare in rural Illinois,

21 including perinatal services, behavioral healthcare including

22 substance use disorder services (SUDs) and other specialty

23 services, and to expand access to telehealth services among

24 rural communities in Illinois, the Department of Healthcare

25 and Family Services, subject to appropriation, shall

26 administer a program to provide at least $10,000,000 in

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1 financial support annually to critical access hospitals for

2 delivery of perinatal and OB/GYN services, behavioral

3 healthcare including SUDS, other specialty services and

4 telehealth services. The funding shall be used to preserve or

5 enhance perinatal and OB/GYN services, behavioral healthcare

6 including SUDS, other specialty services, as well as the

7 explanation of telehealth services by the receiving hospital,

8 with the distribution of funding to be established by rule.

9 (p) For calendar year 2023, the final amounts, rates, and

10 payments under subsections (c), (d-2), (g), (h), and (j) shall

11 be established by the Department, so that the sum of the total

12 estimated annual payments under subsections (c), (d-2), (g),

13 (h), and (j) for each hospital class for calendar year 2023, is

14 no less than:

15 (1) $858,260,000 to safety-net hospitals.

16 (2) $86,200,000 to critical access hospitals.

17 (3) $1,765,000,000 to high Medicaid hospitals.

18 (4) $673,860,000 to general acute care hospitals.

19 (5) $48,330,000 to long term acute care hospitals.

20 (6) $89,110,000 to freestanding psychiatric hospitals.

21 (7) $24,300,000 to freestanding rehabilitation

22 hospitals.

23 (8) $32,570,000 to public hospitals.

24 (q) Hospital Pandemic Recovery Stabilization Payments.

25 The Department shall disburse a pool of $460,000,000 in

26 stability payments to hospitals prior to April 1, 2023. The

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1 allocation of the pool shall be based on the hospital directed

2 payment classes and directed payments issued, during Calendar

3 Year 2022 with added consideration to safety net hospitals, as

4 defined in subdivision (f)(1)(B) of this Section, and critical

5 access hospitals.

6 (Source: P.A. 101-650, eff. 7-7-20; 102-4, eff. 4-27-21;

7 102-16, eff. 6-17-21; 102-886, eff. 5-17-22.)

8 Section 5-40. The Illinois Human Rights Act is amended by

9 changing Section 7-101 as follows:

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

11 Sec. 7-101. Powers and Duties. In addition to other powers

12 and duties prescribed in this Act, the Department shall have

13 the following powers:

14 (A) Rules and Regulations. To adopt, promulgate, amend,

15 and rescind rules and regulations not inconsistent with the

16 provisions of this Act pursuant to the Illinois Administrative

17 Procedure Act.

18 (B) Charges. To issue, receive, investigate, conciliate,

19 settle, and dismiss charges filed in conformity with this Act.

20 (C) Compulsory Process. To request subpoenas as it deems

21 necessary for its investigations.

22 (D) Complaints. To file complaints with the Commission in

23 conformity with this Act.

24 (E) Judicial Enforcement. To seek temporary relief and to

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1 enforce orders of the Commission in conformity with this Act.

2 (F) Equal Employment Opportunities. To take such action as

3 may be authorized to provide for equal employment

4 opportunities and affirmative action.

5 (G) Recruitment; Research; Public Communication; Advisory

6 Councils. To engage in such recruitment, research and public

7 communication and create such advisory councils as may be

8 authorized to effectuate the purposes of this Act.

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

10 activities with federal, state, and local agencies in

11 conformity with this Act.

12 (I) ~~Public~~ Grants; Private Gifts.

13 (1)To accept public grants and private gifts as may

14 be authorized.

15 (2) To design grant programs and award grants to

16 eligible recipients.

17 (J) Education and Training. To implement a formal and

18 unbiased program of education and training for all employees

19 assigned to investigate and conciliate charges under Articles

20 7A and 7B. The training program shall include the following:

21 (1) substantive and procedural aspects of the

22 investigation and conciliation positions;

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

24 (3) lectures by specialists in substantive areas

25 related to human rights matters;

26 (4) orientation to each operational unit of the

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1 Department and Commission;

2 (5) observation of experienced Department

3 investigators and attorneys conducting conciliation

4 conferences, combined with the opportunity to discuss

5 evidence presented and rulings made;

6 (6) the use of hypothetical cases requiring the

7 Department investigator and conciliation conference

8 attorney to issue judgments as a means to evaluating

9 knowledge and writing ability;

10 (7) writing skills;

11 (8) computer skills, including but not limited to word

12 processing and document management.

13 A formal, unbiased and ongoing professional development

14 program including, but not limited to, the above-noted areas

15 shall be implemented to keep Department investigators and

16 attorneys informed of recent developments and issues and to

17 assist them in maintaining and enhancing their professional

18 competence.

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

20 ARTICLE 10

21 Section 10-5. The State Officials and Employees Ethics Act

22 is amended by changing Section 20-10 as follows:

23 (5 ILCS 430/20-10)

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

2 (a) Five independent Offices of the Executive Inspector

3 General are created, one each for the Governor, the Attorney

4 General, the Secretary of State, the Comptroller, and the

5 Treasurer. Each Office shall be under the direction and

6 supervision of an Executive Inspector General and shall be a

7 fully independent office with separate appropriations.

8 (b) The Governor, Attorney General, Secretary of State,

9 Comptroller, and Treasurer shall each appoint an Executive

10 Inspector General, without regard to political affiliation and

11 solely on the basis of integrity and demonstrated ability.

12 Appointments shall be made by and with the advice and consent

13 of the Senate by three-fifths of the elected members

14 concurring by record vote. Any nomination not acted upon by

15 the Senate within 60 session days of the receipt thereof shall

16 be deemed to have received the advice and consent of the

17 Senate. If, during a recess of the Senate, there is a vacancy

18 in an office of Executive Inspector General, the appointing

19 authority shall make a temporary appointment until the next

20 meeting of the Senate when the appointing authority shall make

21 a nomination to fill that office. No person rejected for an

22 office of Executive Inspector General shall, except by the

23 Senate's request, be nominated again for that office at the

24 same session of the Senate or be appointed to that office

25 during a recess of that Senate.

26 Nothing in this Article precludes the appointment by the

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1 Governor, Attorney General, Secretary of State, Comptroller,

2 or Treasurer of any other inspector general required or

3 permitted by law. The Governor, Attorney General, Secretary of

4 State, Comptroller, and Treasurer each may appoint an existing

5 inspector general as the Executive Inspector General required

6 by this Article, provided that such an inspector general is

7 not prohibited by law, rule, jurisdiction, qualification, or

8 interest from serving as the Executive Inspector General

9 required by this Article. An appointing authority may not

10 appoint a relative as an Executive Inspector General.

11 Each Executive Inspector General shall have the following

12 qualifications:

13 (1) has not been convicted of any felony under the

14 laws of this State, another State, or the United States;

15 (2) has earned a baccalaureate degree from an

16 institution of higher education; and

17 (3) has 5 or more years of cumulative service (A) with

18 a federal, State, or local law enforcement agency, at

19 least 2 years of which have been in a progressive

20 investigatory capacity; (B) as a federal, State, or local

21 prosecutor; (C) as a senior manager or executive of a

22 federal, State, or local agency; (D) as a member, an

23 officer, or a State or federal judge; or (E) representing

24 any combination of items (A) through (D).

25 The term of each initial Executive Inspector General shall

26 commence upon qualification and shall run through June 30,

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1 2008. The initial appointments shall be made within 60 days

2 after the effective date of this Act.

3 After the initial term, each Executive Inspector General

4 shall serve for 5-year terms commencing on July 1 of the year

5 of appointment and running through June 30 of the fifth

6 following year. An Executive Inspector General may be

7 reappointed to one or more subsequent terms.

8 A vacancy occurring other than at the end of a term shall

9 be filled by the appointing authority only for the balance of

10 the term of the Executive Inspector General whose office is

11 vacant.

12 Terms shall run regardless of whether the position is

13 filled.

14 (c) The Executive Inspector General appointed by the

15 Attorney General shall have jurisdiction over the Attorney

16 General and all officers and employees of, and vendors and

17 others doing business with, State agencies within the

18 jurisdiction of the Attorney General. The Executive Inspector

19 General appointed by the Secretary of State shall have

20 jurisdiction over the Secretary of State and all officers and

21 employees of, and vendors and others doing business with,

22 State agencies within the jurisdiction of the Secretary of

23 State. The Executive Inspector General appointed by the

24 Comptroller shall have jurisdiction over the Comptroller and

25 all officers and employees of, and vendors and others doing

26 business with, State agencies within the jurisdiction of the

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1 Comptroller. The Executive Inspector General appointed by the

2 Treasurer shall have jurisdiction over the Treasurer and all

3 officers and employees of, and vendors and others doing

4 business with, State agencies within the jurisdiction of the

5 Treasurer. The Executive Inspector General appointed by the

6 Governor shall have jurisdiction over (i) the Governor, (ii)

7 the Lieutenant Governor, (iii) all officers and employees of,

8 and vendors and others doing business with, executive branch

9 State agencies under the jurisdiction of the Executive Ethics

10 Commission and not within the jurisdiction of the Attorney

11 General, the Secretary of State, the Comptroller, or the

12 Treasurer, and (iv) all board members and employees of the

13 Regional Transit Boards and all vendors and others doing

14 business with the Regional Transit Boards.

15 The jurisdiction of each Executive Inspector General is to

16 investigate allegations of fraud, waste, abuse, mismanagement,

17 misconduct, nonfeasance, misfeasance, malfeasance, or

18 violations of this Act or violations of other related laws and

19 rules.

20 Each Executive Inspector General shall have jurisdiction

21 over complainants in violation of subsection (e) of Section

22 20-63 for disclosing a summary report prepared by the

23 respective Executive Inspector General.

24 (d) The compensation for each Executive Inspector General

25 shall be determined by the Executive Ethics Commission and

26 shall be provided ~~made~~ from appropriations made to the

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1 Comptroller for this purpose. For terms of office beginning on

2 or after July 1, 2023, each Executive Inspector General shall

3 receive, on July 1 of each year, beginning on July 1, 2024, an

4 increase in salary based on a cost of living adjustment as

5 authorized by Senate Joint Resolution 192 of the 86th General

6 Assembly.Subject to Section 20-45 of this Act, each Executive

7 Inspector General has full authority to organize his or her

8 Office of the Executive Inspector General, including the

9 employment and determination of the compensation of staff,

10 such as deputies, assistants, and other employees, as

11 appropriations permit. A separate appropriation shall be made

12 for each Office of Executive Inspector General.

13 (e) No Executive Inspector General or employee of the

14 Office of the Executive Inspector General may, during his or

15 her term of appointment or employment:

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

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

18 except for appointments on governmental advisory boards or

19 study commissions or as otherwise expressly authorized by

20 law;

21 (3) be actively involved in the affairs of any

22 political party or political organization; or

23 (4) advocate for the appointment of another person to

24 an appointed or elected office or position or actively

25 participate in any campaign for any elective office.

26 In this subsection an appointed public office means a

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1 position authorized by law that is filled by an appointing

2 authority as provided by law and does not include employment

3 by hiring in the ordinary course of business.

4 (e-1) No Executive Inspector General or employee of the

5 Office of the Executive Inspector General may, for one year

6 after the termination of his or her appointment or employment:

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

8 (2) hold any elected public office; or

9 (3) hold any appointed State, county, or local

10 judicial office.

11 (e-2) The requirements of item (3) of subsection (e-1) may

12 be waived by the Executive Ethics Commission.

13 (f) An Executive Inspector General may be removed only for

14 cause and may be removed only by the appointing constitutional

15 officer. At the time of the removal, the appointing

16 constitutional officer must report to the Executive Ethics

17 Commission the justification for the removal.

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

19 Section 10-10. The Firearm Owners Identification Card Act

20 is amended by changing Section 10 as follows:

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

22 Sec. 10. Appeals; hearing; relief from firearm

23 prohibitions.

24 (a) Whenever an application for a Firearm Owner's

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1 Identification Card is denied or whenever such a Card is

2 revoked or seized as provided for in Section 8 of this Act, the

3 aggrieved party may (1) file a record challenge with the

4 Director regarding the record upon which the decision to deny

5 or revoke the Firearm Owner's Identification Card was based

6 under subsection (a-5); or (2) appeal to the Director of the

7 Illinois State Police through December 31, 2022, or beginning

8 January 1, 2023, the Firearm Owner's Identification Card

9 Review Board for a hearing seeking relief from such denial or

10 revocation unless the denial or revocation was based upon a

11 forcible felony, stalking, aggravated stalking, domestic

12 battery, any violation of the Illinois Controlled Substances

13 Act, the Methamphetamine Control and Community Protection Act,

14 or the Cannabis Control Act that is classified as a Class 2 or

15 greater felony, any felony violation of Article 24 of the

16 Criminal Code of 1961 or the Criminal Code of 2012, or any

17 adjudication as a delinquent minor for the commission of an

18 offense that if committed by an adult would be a felony, in

19 which case the aggrieved party may petition the circuit court

20 in writing in the county of his or her residence for a hearing

21 seeking relief from such denial or revocation.

22 (a-5) There is created a Firearm Owner's Identification

23 Card Review Board to consider any appeal under subsection (a)

24 beginning January 1, 2023, other than an appeal directed to

25 the circuit court and except when the applicant is challenging

26 the record upon which the decision to deny or revoke was based

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1 as provided in subsection (a-10).

2 (0.05) In furtherance of the policy of this Act that

3 the Board shall exercise its powers and duties in an

4 independent manner, subject to the provisions of this Act

5 but free from the direction, control, or influence of any

6 other agency or department of State government. All

7 expenses and liabilities incurred by the Board in the

8 performance of its responsibilities hereunder shall be

9 paid from funds which shall be appropriated to the Board

10 by the General Assembly for the ordinary and contingent

11 expenses of the Board.

12 (1) The Board shall consist of 7 members appointed by

13 the Governor, with the advice and consent of the Senate,

14 with 3 members residing within the First Judicial District

15 and one member residing within each of the 4 remaining

16 Judicial Districts. No more than 4 members shall be

17 members of the same political party. The Governor shall

18 designate one member as the chairperson. The Board shall

19 consist of:

20 (A) one member with at least 5 years of service as

21 a federal or State judge;

22 (B) one member with at least 5 years of experience

23 serving as an attorney with the United States

24 Department of Justice, or as a State's Attorney or

25 Assistant State's Attorney;

26 (C) one member with at least 5 years of experience

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1 serving as a State or federal public defender or

2 assistant public defender;

3 (D) three members with at least 5 years of

4 experience as a federal, State, or local law

5 enforcement agent or as an employee with investigative

6 experience or duties related to criminal justice under

7 the United States Department of Justice, Drug

8 Enforcement Administration, Department of Homeland

9 Security, Federal Bureau of Investigation, or a State

10 or local law enforcement agency; and

11 (E) one member with at least 5 years of experience

12 as a licensed physician or clinical psychologist with

13 expertise in the diagnosis and treatment of mental

14 illness.

15 (2) The terms of the members initially appointed after

16 January 1, 2022 (the effective date of Public Act 102-237)

17 shall be as follows: one of the initial members shall be

18 appointed for a term of one year, 3 shall be appointed for

19 terms of 2 years, and 3 shall be appointed for terms of 4

20 years. Thereafter, members shall hold office for 4 years,

21 with terms expiring on the second Monday in January

22 immediately following the expiration of their terms and

23 every 4 years thereafter. Members may be reappointed.

24 Vacancies in the office of member shall be filled in the

25 same manner as the original appointment, for the remainder

26 of the unexpired term. The Governor may remove a member

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1 for incompetence, neglect of duty, malfeasance, or

2 inability to serve. Members shall receive compensation in

3 an amount equal to the compensation of members of the

4 Executive Ethics Commission and, beginning July 1, 2023,

5 shall be compensated from appropriations provided to the

6 Comptroller for this purpose. Members may be reimbursed,

7 from funds appropriated for such a purpose, for reasonable

8 expenses actually incurred in the performance of their

9 Board duties. The Illinois State Police shall designate an

10 employee to serve as Executive Director of the Board and

11 provide logistical and administrative assistance to the

12 Board.

13 (3) The Board shall meet at least quarterly each year

14 and at the call of the chairperson as often as necessary to

15 consider appeals of decisions made with respect to

16 applications for a Firearm Owner's Identification Card

17 under this Act. If necessary to ensure the participation

18 of a member, the Board shall allow a member to participate

19 in a Board meeting by electronic communication. Any member

20 participating electronically shall be deemed present for

21 purposes of establishing a quorum and voting.

22 (4) The Board shall adopt rules for the review of

23 appeals and the conduct of hearings. The Board shall

24 maintain a record of its decisions and all materials

25 considered in making its decisions. All Board decisions

26 and voting records shall be kept confidential and all

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1 materials considered by the Board shall be exempt from

2 inspection except upon order of a court.

3 (5) In considering an appeal, the Board shall review

4 the materials received concerning the denial or revocation

5 by the Illinois State Police. By a vote of at least 4

6 members, the Board may request additional information from

7 the Illinois State Police or the applicant or the

8 testimony of the Illinois State Police or the applicant.

9 The Board may require that the applicant submit electronic

10 fingerprints to the Illinois State Police for an updated

11 background check if the Board determines it lacks

12 sufficient information to determine eligibility. The Board

13 may consider information submitted by the Illinois State

14 Police, a law enforcement agency, or the applicant. The

15 Board shall review each denial or revocation and determine

16 by a majority of members whether an applicant should be

17 granted relief under subsection (c).

18 (6) The Board shall by order issue summary decisions.

19 The Board shall issue a decision within 45 days of

20 receiving all completed appeal documents from the Illinois

21 State Police and the applicant. However, the Board need

22 not issue a decision within 45 days if:

23 (A) the Board requests information from the

24 applicant, including, but not limited to, electronic

25 fingerprints to be submitted to the Illinois State

26 Police, in accordance with paragraph (5) of this

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1 subsection, in which case the Board shall make a

2 decision within 30 days of receipt of the required

3 information from the applicant;

4 (B) the applicant agrees, in writing, to allow the

5 Board additional time to consider an appeal; or

6 (C) the Board notifies the applicant and the

7 Illinois State Police that the Board needs an

8 additional 30 days to issue a decision. The Board may

9 only issue 2 extensions under this subparagraph (C).

10 The Board's notification to the applicant and the

11 Illinois State Police shall include an explanation for

12 the extension.

13 (7) If the Board determines that the applicant is

14 eligible for relief under subsection (c), the Board shall

15 notify the applicant and the Illinois State Police that

16 relief has been granted and the Illinois State Police

17 shall issue the Card.

18 (8) Meetings of the Board shall not be subject to the

19 Open Meetings Act and records of the Board shall not be

20 subject to the Freedom of Information Act.

21 (9) The Board shall report monthly to the Governor and

22 the General Assembly on the number of appeals received and

23 provide details of the circumstances in which the Board

24 has determined to deny Firearm Owner's Identification

25 Cards under this subsection (a-5). The report shall not

26 contain any identifying information about the applicants.

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1 (a-10) Whenever an applicant or cardholder is not seeking

2 relief from a firearms prohibition under subsection (c) but

3 rather does not believe the applicant is appropriately denied

4 or revoked and is challenging the record upon which the

5 decision to deny or revoke the Firearm Owner's Identification

6 Card was based, or whenever the Illinois State Police fails to

7 act on an application within 30 days of its receipt, the

8 applicant shall file such challenge with the Director. The

9 Director shall render a decision within 60 business days of

10 receipt of all information supporting the challenge. The

11 Illinois State Police shall adopt rules for the review of a

12 record challenge.

13 (b) At least 30 days before any hearing in the circuit

14 court, the petitioner shall serve the relevant State's

15 Attorney with a copy of the petition. The State's Attorney may

16 object to the petition and present evidence. At the hearing,

17 the court shall determine whether substantial justice has been

18 done. Should the court determine that substantial justice has

19 not been done, the court shall issue an order directing the

20 Illinois State Police to issue a Card. However, the court

21 shall not issue the order if the petitioner is otherwise

22 prohibited from obtaining, possessing, or using a firearm

23 under federal law.

24 (c) Any person prohibited from possessing a firearm under

25 Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or

26 acquiring a Firearm Owner's Identification Card under Section

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1 8 of this Act may apply to the Firearm Owner's Identification

2 Card Review Board or petition the circuit court in the county

3 where the petitioner resides, whichever is applicable in

4 accordance with subsection (a) of this Section, requesting

5 relief from such prohibition and the Board or court may grant

6 such relief if it is established by the applicant to the

7 court's or the Board's satisfaction that:

8 (0.05) when in the circuit court, the State's Attorney

9 has been served with a written copy of the petition at

10 least 30 days before any such hearing in the circuit court

11 and at the hearing the State's Attorney was afforded an

12 opportunity to present evidence and object to the

13 petition;

14 (1) the applicant has not been convicted of a forcible

15 felony under the laws of this State or any other

16 jurisdiction within 20 years of the applicant's

17 application for a Firearm Owner's Identification Card, or

18 at least 20 years have passed since the end of any period

19 of imprisonment imposed in relation to that conviction;

20 (2) the circumstances regarding a criminal conviction,

21 where applicable, the applicant's criminal history and his

22 reputation are such that the applicant will not be likely

23 to act in a manner dangerous to public safety;

24 (3) granting relief would not be contrary to the

25 public interest; and

26 (4) granting relief would not be contrary to federal

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1 law.

2 (c-5) (1) An active law enforcement officer employed by a

3 unit of government or a Department of Corrections employee

4 authorized to possess firearms who is denied, revoked, or has

5 his or her Firearm Owner's Identification Card seized under

6 subsection (e) of Section 8 of this Act may apply to the

7 Firearm Owner's Identification Card Review Board requesting

8 relief if the officer or employee did not act in a manner

9 threatening to the officer or employee, another person, or the

10 public as determined by the treating clinical psychologist or

11 physician, and as a result of his or her work is referred by

12 the employer for or voluntarily seeks mental health evaluation

13 or treatment by a licensed clinical psychologist,

14 psychiatrist, or qualified examiner, and:

15 (A) the officer or employee has not received treatment

16 involuntarily at a mental health facility, regardless of

17 the length of admission; or has not been voluntarily

18 admitted to a mental health facility for more than 30 days

19 and not for more than one incident within the past 5 years;

20 and

21 (B) the officer or employee has not left the mental

22 institution against medical advice.

23 (2) The Firearm Owner's Identification Card Review Board

24 shall grant expedited relief to active law enforcement

25 officers and employees described in paragraph (1) of this

26 subsection (c-5) upon a determination by the Board that the

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1 officer's or employee's possession of a firearm does not

2 present a threat to themselves, others, or public safety. The

3 Board shall act on the request for relief within 30 business

4 days of receipt of:

5 (A) a notarized statement from the officer or employee

6 in the form prescribed by the Board detailing the

7 circumstances that led to the hospitalization;

8 (B) all documentation regarding the admission,

9 evaluation, treatment and discharge from the treating

10 licensed clinical psychologist or psychiatrist of the

11 officer;

12 (C) a psychological fitness for duty evaluation of the

13 person completed after the time of discharge; and

14 (D) written confirmation in the form prescribed by the

15 Board from the treating licensed clinical psychologist or

16 psychiatrist that the provisions set forth in paragraph

17 (1) of this subsection (c-5) have been met, the person

18 successfully completed treatment, and their professional

19 opinion regarding the person's ability to possess

20 firearms.

21 (3) Officers and employees eligible for the expedited

22 relief in paragraph (2) of this subsection (c-5) have the

23 burden of proof on eligibility and must provide all

24 information required. The Board may not consider granting

25 expedited relief until the proof and information is received.

26 (4) "Clinical psychologist", "psychiatrist", and

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1 "qualified examiner" shall have the same meaning as provided

2 in Chapter I of the Mental Health and Developmental

3 Disabilities Code.

4 (c-10) (1) An applicant, who is denied, revoked, or has

5 his or her Firearm Owner's Identification Card seized under

6 subsection (e) of Section 8 of this Act based upon a

7 determination of a developmental disability or an intellectual

8 disability may apply to the Firearm Owner's Identification

9 Card Review Board requesting relief.

10 (2) The Board shall act on the request for relief within 60

11 business days of receipt of written certification, in the form

12 prescribed by the Board, from a physician or clinical

13 psychologist, or qualified examiner, that the aggrieved

14 party's developmental disability or intellectual disability

15 condition is determined by a physician, clinical psychologist,

16 or qualified to be mild. If a fact-finding conference is

17 scheduled to obtain additional information concerning the

18 circumstances of the denial or revocation, the 60 business

19 days the Director has to act shall be tolled until the

20 completion of the fact-finding conference.

21 (3) The Board may grant relief if the aggrieved party's

22 developmental disability or intellectual disability is mild as

23 determined by a physician, clinical psychologist, or qualified

24 examiner and it is established by the applicant to the Board's

25 satisfaction that:

26 (A) granting relief would not be contrary to the

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1 public interest; and

2 (B) granting relief would not be contrary to federal

3 law.

4 (4) The Board may not grant relief if the condition is

5 determined by a physician, clinical psychologist, or qualified

6 examiner to be moderate, severe, or profound.

7 (5) The changes made to this Section by Public Act 99-29

8 apply to requests for relief pending on or before July 10, 2015

9 (the effective date of Public Act 99-29), except that the

10 60-day period for the Director to act on requests pending

11 before the effective date shall begin on July 10, 2015 (the

12 effective date of Public Act 99-29). All appeals as provided

13 in subsection (a-5) pending on January 1, 2023 shall be

14 considered by the Board.

15 (d) When a minor is adjudicated delinquent for an offense

16 which if committed by an adult would be a felony, the court

17 shall notify the Illinois State Police.

18 (e) The court shall review the denial of an application or

19 the revocation of a Firearm Owner's Identification Card of a

20 person who has been adjudicated delinquent for an offense that

21 if committed by an adult would be a felony if an application

22 for relief has been filed at least 10 years after the

23 adjudication of delinquency and the court determines that the

24 applicant should be granted relief from disability to obtain a

25 Firearm Owner's Identification Card. If the court grants

26 relief, the court shall notify the Illinois State Police that

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1 the disability has been removed and that the applicant is

2 eligible to obtain a Firearm Owner's Identification Card.

3 (f) Any person who is subject to the disabilities of 18

4 U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act

5 of 1968 because of an adjudication or commitment that occurred

6 under the laws of this State or who was determined to be

7 subject to the provisions of subsections (e), (f), or (g) of

8 Section 8 of this Act may apply to the Illinois State Police

9 requesting relief from that prohibition. The Board shall grant

10 the relief if it is established by a preponderance of the

11 evidence that the person will not be likely to act in a manner

12 dangerous to public safety and that granting relief would not

13 be contrary to the public interest. In making this

14 determination, the Board shall receive evidence concerning (i)

15 the circumstances regarding the firearms disabilities from

16 which relief is sought; (ii) the petitioner's mental health

17 and criminal history records, if any; (iii) the petitioner's

18 reputation, developed at a minimum through character witness

19 statements, testimony, or other character evidence; and (iv)

20 changes in the petitioner's condition or circumstances since

21 the disqualifying events relevant to the relief sought. If

22 relief is granted under this subsection or by order of a court

23 under this Section, the Director shall as soon as practicable

24 but in no case later than 15 business days, update, correct,

25 modify, or remove the person's record in any database that the

26 Illinois State Police makes available to the National Instant

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1 Criminal Background Check System and notify the United States

2 Attorney General that the basis for the record being made

3 available no longer applies. The Illinois State Police shall

4 adopt rules for the administration of this Section.

5 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

6 102-645, eff. 1-1-22; 102-813, eff. 5-13-22.)

7 ARTICLE 15

8 Section 15-5. The Civil Administrative Code of Illinois is

9 amended by changing Sections 5-120, 5-300, 5-310, 5-315,

10 5-320, 5-325, 5-330, 5-335, 5-340, 5-345, 5-350, 5-355, 5-357,

11 5-360, 5-362, 5-365, 5-375, 5-395, 5-400, 5-405, 5-410, 5-415,

12 and 5-420 as follows:

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

14 Sec. 5-120. In the Department of Commerce and Economic

15 Opportunity. Two Assistant Directors ~~Director~~ of Commerce and

16 Economic Opportunity.

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

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

19 Sec. 5-300. Officers' qualifications and salaries. The

20 executive and administrative officers, whose offices are

21 created by this Act, must have the qualifications prescribed

22 by law and shall receive annual salaries, payable in equal

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1 monthly installments, as designated in the Sections following

2 this Section and preceding Section 5-500.~~If set by the~~

3 ~~Governor, those annual salaries may not exceed 85% of the~~

4 ~~Governor's annual salary.~~ Notwithstanding any other provision

5 of law, for terms beginning after January 18, 2019 (the

6 effective date of Public Act 100-1179) and before January 16,

7 2023 ~~this amendatory Act of the 100th General Assembly~~, the

8 annual salary of the director or secretary and assistant

9 director or assistant secretary of each department created

10 under Section 5-15 shall be an amount equal to 15% more than

11 the annual salary of the respective officer in effect as of

12 December 31, 2018. The calculation of the 2018 salary base for

13 this adjustment shall not include any cost of living

14 adjustments, as authorized by Senate Joint Resolution 192 of

15 the 86th General Assembly, for the period beginning July 1,

16 2009 to June 30, 2019. Beginning July 1, 2019 and each July 1

17 thereafter, the directors, secretaries, assistant directors,

18 and assistant secretaries shall receive an increase in salary

19 based on a cost of living adjustment as authorized by Senate

20 Joint Resolution 192 of the 86th General Assembly.

21 Notwithstanding any other provision of law, for terms

22 beginning on or after January 16, 2023, the directors,

23 secretaries, assistant directors, and assistant secretaries

24 shall receive annual salaries, payable in equal monthly

25 installments, and increases in salary, as designated in the

26 Sections following this Section and preceding Section 5-500.

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

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

3 Sec. 5-310. In the Department on Aging. For terms

4 beginning on or after January 16, 2023, the Director of Aging

5 shall receive an annual salary of $165,000 or as set by the

6 Governor, whichever is higher. On July 1, 2023, and on each

7 July 1 thereafter, the Director shall receive an increase in

8 salary based on a cost of living adjustment as authorized by

9 Senate Joint Resolution 192 of the 86th General Assembly. ~~For~~

10 ~~terms ending before December 31, 2019, the Director of Aging~~

11 ~~shall receive an annual salary as set by the Compensation~~

12 ~~Review Board.~~

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

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

15 Sec. 5-315. In the Department of Agriculture. For terms

16 beginning on or after January 16, 2023, the Director of

17 Agriculture shall receive an annual salary of $180,000 or as

18 set by the Governor, whichever is higher. On July 1, 2023, and

19 on each July 1 thereafter, the Director shall receive an

20 increase in salary based on a cost of living adjustment as

21 authorized by Senate Joint Resolution 192 of the 86th General

22 Assembly. ~~For terms ending before December 31, 2019, the~~

23 ~~Director of Agriculture shall receive an annual salary as set~~

24 ~~by the Compensation Review Board.~~

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1 For terms beginning on or after January 16, 2023, the

2 Assistant Director of Agriculture shall receive an annual

3 salary of $156,600 or as set by the Governor, whichever is

4 higher. On July 1, 2023, and on each July 1 thereafter, the

5 Assistant Director of Agriculture shall receive an increase in

6 salary based on a cost of living adjustment as authorized by

7 Senate Joint Resolution 192 of the 86th General Assembly.

8 ~~For terms ending before December 31, 2019, the Assistant~~

9 ~~Director of Agriculture shall receive an annual salary as set~~

10 ~~by the Compensation Review Board.~~

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

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

13 Sec. 5-320. In the Department of Central Management

14 Services. For terms beginning on or after January 16, 2023,

15 the Director of Central Management Services shall receive an

16 annual salary of $195,000 or as set by the Governor, whichever

17 is higher. On July 1, 2023, and on each July 1 thereafter, the

18 Director of Central Management Services shall receive an

19 increase in salary based on a cost of living adjustment as

20 authorized by Senate Joint Resolution 192 of the 86th General

21 Assembly. ~~For terms ending before December 31, 2019, the~~

22 ~~Director of Central Management Services shall receive an~~

23 ~~annual salary as set by the Compensation Review Board.~~

24 For terms beginning on or after January 16, 2023, each

25 Assistant Director of Central Management Services shall

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1 receive an annual salary of $165,750 or as set by the Governor,

2 whichever is higher. On July 1, 2023, and on each July 1

3 thereafter, the Assistant Directors shall receive an increase

4 in salary based on a cost of living adjustment as authorized by

5 Senate Joint Resolution 192 of the 86th General Assembly. ~~For~~

6 ~~terms ending before December 31, 2019, each Assistant Director~~

7 ~~of Central Management Services shall receive an annual salary~~

8 ~~as set by the Compensation Review Board.~~

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

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

11 Sec. 5-325. In the Department of Children and Family

12 Services. For terms beginning on or after January 16, 2023,

13 the Director of Children and Family Services shall receive an

14 annual salary of $200,000 or as set by the Governor, whichever

15 is higher. On July 1, 2023, and on each July 1 thereafter, the

16 Director shall receive an increase in salary based on a cost of

17 living adjustment as authorized by Senate Joint Resolution 192

18 of the 86th General Assembly. ~~For terms ending before December~~

19 ~~31, 2019, the Director of Children and Family Services shall~~

20 ~~receive an annual salary as set by the Compensation Review~~

21 ~~Board.~~

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

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

24 Sec. 5-330. In the Department of Commerce and Economic

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1 Opportunity. For terms beginning on or after January 16, 2023,

2 the Director of Commerce and Economic Opportunity shall

3 receive an annual salary of $195,000 or as set by the Governor,

4 whichever is higher. On July 1, 2023, and on each July 1

5 thereafter, the Director shall receive an increase in salary

6 based on a cost of living adjustment as authorized by Senate

7 Joint Resolution 192 of the 86th General Assembly. ~~For terms~~

8 ~~ending before December 31, 2019, the Director of Commerce and~~

9 ~~Economic Opportunity shall receive an annual salary as set by~~

10 ~~the Compensation Review Board.~~

11 For terms beginning on or after January 16, 2023, each

12 Assistant Director of Commerce and Economic Opportunity shall

13 receive an annual salary of $165,750 or as set by the Governor,

14 whichever is higher. On July 1, 2023, and on each July 1

15 thereafter, the Assistant Directors shall receive an increase

16 in salary based on a cost of living adjustment as authorized by

17 Senate Joint Resolution 192 of the 86th General Assembly. ~~For~~

18 ~~terms ending before December 31, 2019, the Assistant Director~~

19 ~~of Commerce and Economic Opportunity shall receive an annual~~

20 ~~salary as set by the Compensation Review Board.~~

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

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

23 Sec. 5-335. In the Department of Corrections. For terms

24 beginning on or after January 16, 2023, the Director of

25 Corrections shall receive an annual salary of $200,000 or as

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1 set by the Governor, whichever is higher. On July 1, 2023, and

2 on each July 1 thereafter, the Director shall receive an

3 increase in salary based on a cost of living adjustment as

4 authorized by Senate Joint Resolution 192 of the 86th General

5 Assembly. ~~For terms ending before December 31, 2019, the~~

6 ~~Director of Corrections shall receive an annual salary as set~~

7 ~~by the Compensation Review Board.~~

8 For terms beginning on or after January 16, 2023, the

9 Assistant Director of Corrections shall receive an annual

10 salary of $170,000 or as set by the Governor, whichever is

11 higher. On July 1, 2023, and on each July 1 thereafter, the

12 Assistant Director shall receive an increase in salary based

13 on a cost of living adjustment as authorized by Senate Joint

14 Resolution 192 of the 86th General Assembly. ~~For terms ending~~

15 ~~before December 31, 2019, the Assistant Director of~~

16 ~~Corrections shall receive an annual salary as set by the~~

17 ~~Compensation Review Board for the Assistant Director of~~

18 ~~Corrections-Adult Division.~~

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

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

21 Sec. 5-340. In the Department of Employment Security. For

22 terms beginning on or after January 16, 2023, the Director of

23 Employment Security shall receive an annual salary of $195,000

24 or as set by the Governor, whichever is higher. On July 1,

25 2023, and on each July 1 thereafter, the Director shall

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1 receive an increase in salary based on a cost of living

2 adjustment as authorized by Senate Joint Resolution 192 of the

3 86th General Assembly. ~~For terms ending before December 31,~~

4 ~~2019, the Director of Employment Security shall receive an~~

5 ~~annual salary as set by the Compensation Review Board.~~

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

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

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

9 Sec. 5-345. In the Department of Financial and

10 Professional Regulation. For terms beginning on or after

11 January 16, 2023, the Secretary of Financial and Professional

12 Regulation shall receive an annual salary of $195,000 or as

13 set by the Governor, whichever is higher. On July 1, 2023, and

14 on each July 1 thereafter, the Secretary shall receive an

15 increase in salary based on a cost of living adjustment as

16 authorized by Senate Joint Resolution 192 of the 86th General

17 Assembly. ~~For terms ending before December 31, 2019, the~~

18 ~~Secretary of Financial and Professional Regulation shall~~

19 ~~receive an annual salary as set by the Compensation Review~~

20 ~~Board.~~

21 For terms beginning on or after January 16, 2023, the

22 Director of Financial Institutions, the Director of

23 Professional Regulation, the Director of Banking, and the

24 Director of Real Estate shall each receive an annual salary of

25 $180,000 or as set by the Governor, whichever is higher. On

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1 July 1, 2023, and on each July 1 thereafter, the Directors

2 shall receive an increase in salary based on a cost of living

3 adjustment as authorized by Senate Joint Resolution 192 of the

4 86th General Assembly. ~~For terms ending before December 31,~~

5 ~~2019, the Director of Financial Institutions, the Director of~~

6 ~~Professional Regulation, the Director of Banking, and the~~

7 ~~Director of Real Estate shall receive an annual salary as set~~

8 ~~by the Compensation Review Board.~~

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

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

11 Sec. 5-350. In the Department of Human Rights. For terms

12 beginning on or after January 16, 2023, the Director of Human

13 Rights shall receive an annual salary of $165,000 or as set by

14 the Governor, whichever is higher. On July 1, 2023, and on each

15 July 1 thereafter, the Director shall receive an increase in

16 salary based on a cost of living adjustment as authorized by

17 Senate Joint Resolution 192 of the 86th General Assembly. ~~For~~

18 ~~terms ending before December 31, 2019, the Director of Human~~

19 ~~Rights shall receive an annual salary as set by the~~

20 ~~Compensation Review Board.~~

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

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

23 Sec. 5-355. In the Department of Human Services. For terms

24 beginning on or after January 16, 2023, the Secretary of Human

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1 Services shall receive an annual salary of $200,000 or as set

2 by the Governor, whichever is higher. On July 1, 2023, and on

3 each July 1 thereafter, the Secretary shall receive an

4 increase in salary based on a cost of living adjustment as

5 authorized by Senate Joint Resolution 192 of the 86th General

6 Assembly. ~~For terms ending before December 31, 2019, the~~

7 ~~Secretary of Human Services shall receive an annual salary as~~

8 ~~set by the Compensation Review Board.~~

9 For terms beginning on or after January 16, 2023, the

10 Assistant Secretaries of Human Services shall receive an

11 annual salary of $170,000 or as set by the Governor, whichever

12 is higher. On July 1, 2023, and on each July 1 thereafter, the

13 Assistant Secretaries shall receive an increase in salary

14 based on a cost of living adjustment as authorized by Senate

15 Joint Resolution 192 of the 86th General Assembly. ~~For terms~~

16 ~~ending before December 31, 2019, the Assistant Secretaries of~~

17 ~~Human Services shall each receive an annual salary as set by~~

18 ~~the Compensation Review Board.~~

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

20 (20 ILCS 5/5-357)

21 Sec. 5-357. In the Department of Innovation and

22 Technology. Notwithstanding any other provision of law, for

23 terms beginning on or after January 16, 2023, the Secretary of

24 Innovation and Technology shall receive an annual salary of

25 $200,000 or as set by the Governor, whichever is higher, and

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1 the Assistant Secretary of Innovation and Technology shall

2 receive an annual salary of $170,000 or as set by the Governor,

3 whichever is higher. On July 1, 2023, and on each July 1

4 thereafter, the Secretary and the Assistant Secretary shall

5 each receive an increase in salary based on a cost of living

6 adjustment as authorized by Senate Joint Resolution 192 of the

7 86th General Assembly. ~~The Secretary of Innovation and~~

8 ~~Technology and the Assistant Secretary of Innovation and~~

9 ~~Technology shall each receive an annual salary as set by law.~~

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

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

12 Sec. 5-360. In the Department of Insurance. For terms

13 beginning on or after January 16, 2023, the Director of

14 Insurance shall receive an annual salary of $180,000 or as set

15 by the Governor, whichever is higher. On July 1, 2023, and on

16 each July 1 thereafter, the Director shall receive an increase

17 in salary based on a cost of living adjustment as authorized by

18 Senate Joint Resolution 192 of the 86th General Assembly. ~~For~~

19 ~~terms ending before December 31, 2019, the Director of~~

20 ~~Insurance shall receive an annual salary as set by the~~

21 ~~Compensation Review Board.~~

22 For terms beginning on or after January 16, 2023, the

23 Assistant Director of Insurance shall receive an annual salary

24 of $156,600 or as set by the Governor, whichever is higher. On

25 July 1, 2023, and on each July 1 thereafter, the Director shall

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1 receive an increase in salary based on a cost of living

2 adjustment as authorized by Senate Joint Resolution 192 of the

3 86th General Assembly. ~~For terms ending before December 31,~~

4 ~~2019, the Assistant Director of Insurance shall receive an~~

5 ~~annual salary as set by the Compensation Review Board.~~

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

7 (20 ILCS 5/5-362)

8 Sec. 5-362. In the Department of Juvenile Justice. For

9 terms beginning on or after January 16, 2023, the Director of

10 Juvenile Justice shall receive an annual salary of $165,000 or

11 as set by the Governor, whichever is higher. On July 1, 2023,

12 and on each July 1 thereafter, the Director shall receive an

13 increase in salary based on a cost of living adjustment as

14 authorized by Senate Joint Resolution 192 of the 86th General

15 Assembly. ~~For terms ending before December 31, 2019, the~~

16 ~~Director of Juvenile Justice shall receive an annual salary as~~

17 ~~set by the Compensation Review Board.~~

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

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

20 Sec. 5-365. In the Department of Labor. For terms

21 beginning on or after January 16, 2023, the Director of Labor

22 shall receive an annual salary of $180,000 or as set by the

23 Governor, whichever is higher. On July 1, 2023, and on each

24 July 1 thereafter, the Director shall receive an increase in

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1 salary based on a cost of living adjustment as authorized by

2 Senate Joint Resolution 192 of the 86th General Assembly. ~~For~~

3 ~~terms ending before December 31, 2019, the Director of Labor~~

4 ~~shall receive an annual salary as set by the Compensation~~

5 ~~Review Board.~~

6 For terms beginning on or after January 16, 2023, the

7 Assistant Director of Labor shall receive an annual salary of

8 $156,600 or as set by the Governor, whichever is higher. On

9 July 1, 2023, and on each July 1 thereafter, the Assistant

10 Director shall receive an increase in salary based on a cost of

11 living adjustment as authorized by Senate Joint Resolution 192

12 of the 86th General Assembly. ~~For terms ending before December~~

13 ~~31, 2019, the Assistant Director of Labor shall receive an~~

14 ~~annual salary as set by the Compensation Review Board.~~

15 The Chief Safety Inspector shall receive $24,700 from the

16 third Monday in January, 1979 to the third Monday in January,

17 1980, and $25,000 thereafter, or as set by the Compensation

18 Review Board, whichever is greater.

19 The Superintendent of Occupational Safety and Health shall

20 receive $27,500, or as set by the Compensation Review Board,

21 whichever is greater.

22 The Superintendent of Women's and Children's Employment

23 shall receive $22,000 from the third Monday in January, 1979

24 to the third Monday in January, 1980, and $22,500 thereafter,

25 or as set by the Compensation Review Board, whichever is

26 greater.

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

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

3 Sec. 5-375. In the Department of Natural Resources. For

4 terms beginning on or after January 16, 2023, the Director of

5 Natural Resources shall receive an annual salary of $180,000

6 or as set by the Governor, whichever is higher. On July 1,

7 2023, and on each July 1 thereafter, the Director shall

8 receive an increase in salary based on a cost of living

9 adjustment as authorized by Senate Joint Resolution 192 of the

10 86th General Assembly. ~~For terms ending before December 31,~~

11 ~~2019, the Director of Natural Resources shall receive an~~

12 ~~annual salary as set by the Compensation Review Board.~~

13 For terms beginning on or after January 16, 2023, the

14 Assistant Director of Natural Resources shall receive an

15 annual salary of $156,600 or as set by the Governor, whichever

16 is higher. On July 1, 2023, and on each July 1 thereafter, the

17 Assistant Director shall receive an increase in salary based

18 on a cost of living adjustment as authorized by Senate Joint

19 Resolution 192 of the 86th General Assembly. ~~For terms ending~~

20 ~~before December 31, 2019, the Assistant Director of Natural~~

21 ~~Resources shall receive an annual salary as set by the~~

22 ~~Compensation Review Board.~~

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

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

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1 Sec. 5-395. In the Department of Healthcare and Family

2 Services. For terms beginning on or after January 16, 2023,

3 the Director of Healthcare and Family Services shall receive

4 an annual salary of $195,000 or as set by the Governor,

5 whichever is higher. On July 1, 2023, and on each July 1

6 thereafter, the Director shall receive an increase in salary

7 based on a cost of living adjustment as authorized by Senate

8 Joint Resolution 192 of the 86th General Assembly. ~~For terms~~

9 ~~ending before December 31, 2019, the Director of Healthcare~~

10 ~~and Family Services shall receive an annual salary as set by~~

11 ~~the Compensation Review Board.~~

12 For terms beginning on or after January 16, 2023, the

13 Assistant Director shall receive an annual salary of $165,750

14 or as set by the Governor, whichever is higher. On July 1,

15 2023, and on each July 1 thereafter, the Assistant Director

16 shall receive an increase in salary based on a cost of living

17 adjustment as authorized by Senate Joint Resolution 192 of the

18 86th General Assembly. ~~For terms ending before December 31,~~

19 ~~2019, the Assistant Director of Healthcare and Family Services~~

20 ~~shall receive an annual salary as set by the Compensation~~

21 ~~Review Board.~~

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

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

24 Sec. 5-400. In the Department of Public Health. For terms

25 beginning on or after January 16, 2023, the Director of Public

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1 Health shall receive an annual salary of $200,000 or as set by

2 the Governor, whichever is higher. On July 1, 2023, and on each

3 July 1 thereafter, the Director shall receive an increase in

4 salary based on a cost of living adjustment as authorized by

5 Senate Joint Resolution 192 of the 86th General Assembly. ~~For~~

6 ~~terms ending before December 31, 2019, the Director of Public~~

7 ~~Health shall receive an annual salary as set by the~~

8 ~~Compensation Review Board.~~

9 For terms beginning on or after January 16, 2023, the

10 Assistant Director shall receive an annual salary of $170,000

11 or as set by the Governor, whichever is higher. On July 1,

12 2023, and on each July 1 thereafter, the Assistant Director

13 shall receive an increase in salary based on a cost of living

14 adjustment as authorized by Senate Joint Resolution 192 of the

15 86th General Assembly. ~~For terms ending before December 31,~~

16 ~~2019, the Assistant Director of Public Health shall receive an~~

17 ~~annual salary as set by the Compensation Review Board.~~

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

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

20 Sec. 5-405. In the Department of Revenue. For terms

21 beginning on or after January 16, 2023, the Director of

22 Revenue shall receive an annual salary of $195,000 or as set by

23 the Governor, whichever is higher. On July 1, 2023, and on each

24 July 1 thereafter, the Director shall receive an increase in

25 salary based on a cost of living adjustment as authorized by

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1 Senate Joint Resolution 192 of the 86th General Assembly. ~~For~~

2 ~~terms ending before December 31, 2019, the Director of Revenue~~

3 ~~shall receive an annual salary as set by the Compensation~~

4 ~~Review Board.~~

5 For terms beginning on or after January 16, 2023, the

6 Assistant Director of Revenue shall receive an annual salary

7 of $165,750 or as set by the Governor, whichever is higher. On

8 July 1, 2023, and on each July 1 thereafter, the Assistant

9 Director shall receive an increase in salary based on a cost of

10 living adjustment as authorized by Senate Joint Resolution 192

11 of the 86th General Assembly. ~~For terms ending before December~~

12 ~~31, 2019, the Assistant Director of Revenue shall receive an~~

13 ~~annual salary as set by the Compensation Review Board.~~

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

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

16 Sec. 5-410. In the Illinois State Police. For terms

17 beginning on or after January 16, 2023, the Director of the

18 Illinois State Police shall receive an annual salary of

19 $200,000 or as set by the Governor, whichever is higher. On

20 July 1, 2023, and on each July 1 thereafter, the Director shall

21 receive an increase in salary based on a cost of living

22 adjustment as authorized by Senate Joint Resolution 192 of the

23 86th General Assembly. ~~For terms ending before December 31,~~

24 ~~2019, the Director of the Illinois State Police shall receive~~

25 ~~an annual salary as set by the Compensation Review Board.~~

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1 ~~F~~

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

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

4 Sec. 5-415. In the Department of Transportation. For terms

5 beginning on or after January 16, 2023, the Secretary of

6 Transportation shall receive an annual salary of $200,000 or

7 as set by the Governor, whichever is higher. On July 1, 2023,

8 and on each July 1 thereafter, the Secretary shall receive an

9 increase in salary based on a cost of living adjustment as

10 authorized by Senate Joint Resolution 192 of the 86th General

11 Assembly. ~~For terms ending before December 31, 2019, the~~

12 ~~Secretary of Transportation shall receive an annual salary as~~

13 ~~set by the Compensation Review Board.~~

14 For terms beginning on or after January 16, 2023, the

15 Assistant Secretary of Transportation shall receive an annual

16 salary of $170,000 or as set by the Governor, whichever is

17 higher. On July 1, 2023, and on each July 1 thereafter, the

18 Assistant Secretary shall receive an increase in salary based

19 on a cost of living adjustment as authorized by Senate Joint

20 Resolution 192 of the 86th General Assembly. ~~For terms ending~~

21 ~~before December 31, 2019, the Assistant Secretary of~~

22 ~~Transportation shall receive an annual salary as set by the~~

23 ~~Compensation Review Board.~~

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

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

2 Sec. 5-420. In the Department of Veterans' Affairs. For

3 terms beginning on or after January 16, 2023, the Director of

4 Veterans' Affairs shall receive an annual salary of $200,000

5 or as set by the Governor, whichever is higher. On July 1,

6 2023, and on each July 1 thereafter, the Director shall

7 receive an increase in salary based on a cost of living

8 adjustment as authorized by Senate Joint Resolution 192 of the

9 86th General Assembly. ~~For terms ending before December 31,~~

10 ~~2019, the Director of Veterans' Affairs shall receive an~~

11 ~~annual salary as set by the Compensation Review Board.~~

12 For terms beginning on or after January 16, 2023, the

13 Assistant Director of Veterans' Affairs shall receive an

14 annual salary of $170,000 or as set by the Governor, whichever

15 is higher. On July 1, 2023, and on each July 1 thereafter, the

16 Assistant Director shall receive an increase in salary based

17 on a cost of living adjustment as authorized by Senate Joint

18 Resolution 192 of the 86th General Assembly. ~~For terms ending~~

19 ~~before December 31, 2019, the Assistant Director of Veterans'~~

20 ~~Affairs shall receive an annual salary as set by the~~

21 ~~Compensation Review Board.~~

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

23 Section 15-10. The Electric Vehicle Act is amended by

24 changing Section 15 as follows:

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1 (20 ILCS 627/15)

2 Sec. 15. Electric Vehicle Coordinator. The Governor, with

3 the advice and consent of the Senate, shall appoint a person

4 within the Illinois Environmental Protection Agency to serve

5 as the Electric Vehicle Coordinator for the State of Illinois.

6 This person may be an existing employee with other duties. The

7 Electric Vehicle Coordinator shall receive an annual salary as

8 set by the Governor and beginning July 1, 2022 shall be

9 compensated from appropriations provided ~~made~~ to the

10 Comptroller for this purpose. On July 1, 2023 and each July 1

11 thereafter, the Electric Vehicle Coordinator shall receive an

12 increase in salary based on a cost of living adjustment as

13 authorized by Senate Joint Resolution 192 of the 86th General

14 Assembly. ~~This person may be an existing employee with other~~

15 ~~duties.~~ The Coordinator shall act as a point person for

16 electric vehicle-related and electric vehicle charging-related

17 policies and activities in Illinois, including, but not

18 limited to, the issuance of electric vehicle rebates for

19 consumers and electric vehicle charging rebates for

20 organizations and companies.

21 (Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21;

22 102-699, eff. 4-19-22.)

23 Section 15-15. The Illinois Lottery Law is amended by

24 changing Section 5 as follows:

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

2 Sec. 5. (a) The Department shall be under the supervision

3 and direction of a Director, who shall be a person qualified by

4 training and experience to perform the duties required by this

5 Act. The Director shall be appointed by the Governor, by and

6 with the advice and consent of the Senate. The term of office

7 of the Director shall expire on the third Monday of January in

8 odd numbered years provided that he or she shall hold office

9 until a successor is appointed and qualified. ~~For terms ending~~

10 ~~before December 31, 2019, the annual salary of the Director is~~

11 ~~$142,000.~~ For terms beginning after January 18, 2019 (the

12 effective date of Public Act 100-1179) and before January 16,

13 2023 ~~this amendatory Act of the 100th General Assembly~~, the

14 annual salary of the Director shall be as provided in Section

15 5-300 of the Civil Administrative Code of Illinois.

16 Notwithstanding any other provision of law, for terms

17 beginning on or after January 16, 2023, the Director shall

18 receive an annual salary of $180,000 or as set by the Governor,

19 whichever is higher. On July 1, 2023, and on each July 1

20 thereafter, the Director shall receive an increase in salary

21 based on a cost of living adjustment as authorized by Senate

22 Joint Resolution 192 of the 86th General Assembly.

23 Any vacancy occurring in the office of the Director shall

24 be filled in the same manner as the original appointment. In

25 case of a vacancy during the recess of the Senate, the Governor

26 shall make a temporary appointment until the next meeting of

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1 the Senate, when the Governor shall nominate some person to

2 fill the office, and any person so nominated who is confirmed

3 by the Senate shall hold office during the remainder of the

4 term and until his or her successor is appointed and

5 qualified.

6 During the absence or inability to act of the Director, or

7 in the case of a vacancy in the office of Director until a

8 successor is appointed and qualified, the Governor may

9 designate some person as Acting Director of the Lottery to

10 execute the powers and discharge the duties vested by law in

11 that office. A person who is designated as an Acting Director

12 shall not continue in office for more than 60 calendar days

13 unless the Governor files a message with the Secretary of the

14 Senate nominating that person to fill the office. After 60

15 calendar days, the office is considered vacant and shall be

16 filled only under this Section. No person who has been

17 appointed by the Governor to serve as Acting Director shall,

18 except at the Senate's request, be designated again as an

19 Acting Director at the same session of that Senate, subject to

20 the provisions of this Section. A person appointed as an

21 Acting Director is not required to meet the requirements of

22 paragraph (1) of subsection (b) of this Section. In no case may

23 the Governor designate a person to serve as Acting Director if

24 that person has prior to the effective date of this amendatory

25 Act of the 97th General Assembly exercised any of the duties

26 and functions of the office of Director without having been

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1 nominated by the Governor to serve as Director.

2 (b) The Director shall devote his or her entire time and

3 attention to the duties of the office and shall not be engaged

4 in any other profession or occupation.

5 The Director shall:

6 (1) be qualified by training and experience to direct

7 a lottery, including, at a minimum, 5 years of senior

8 executive-level experience in the successful advertising,

9 marketing, and selling of consumer products, 4 years of

10 successful experience directing a lottery on behalf of a

11 governmental entity, or 5 years of successful senior-level

12 management experience at a lottery on behalf of a

13 governmental entity;

14 (2) have significant and meaningful management and

15 regulatory experience; and

16 (3) have a good reputation, particularly as a person

17 of honesty, independence, and integrity.

18 The Director shall not during his or her term of

19 appointment: become a candidate for any elective office; hold

20 any other elected or appointed public office; be actively

21 involved in the affairs of any political party or political

22 organization; advocate for the appointment of another person

23 to an appointed or elected office or position; or actively

24 participate in any campaign for any elective office. The

25 Director may be appointed to serve on a governmental advisory

26 or board study commission or as otherwise expressly authorized

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1 by law.

2 (c) No person shall perform the duties and functions of

3 the Director, or otherwise exercise the authority of the

4 Director, unless the same shall have been appointed by the

5 Governor pursuant to this Section.

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

7 Section 15-20. The Military Code of Illinois is amended by

8 changing Section 17 as follows:

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

10 Sec. 17. The Adjutant General and the Assistant Adjutants

11 General shall give their entire time to their military duties.

12 ~~For terms ending before December 31, 2019, the Adjutant~~

13 ~~General shall receive an annual salary as set by the~~

14 ~~Compensation Review Board, and each Assistant Adjutant General~~

15 ~~shall receive an annual salary as set by the Compensation~~

16 ~~Review Board.~~For terms beginning afterJanuary 18, 2019 (the

17 effective date of Public Act 100-1179) and before January 16,

18 2023 ~~this amendatory Act of the 100th General Assembly~~, the

19 annual salaries for the Adjutant General and the Assistant

20 Adjutants General shall be an amount equal to 15% more than the

21 respective officer's annual salary as of December 31, 2018.

22 The calculation of the 2018 salary base for this adjustment

23 shall not include any cost of living adjustments, as

24 authorized by Senate Joint Resolution 192 of the 86th General

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1 Assembly, for the period beginning July 1, 2009 to June 30,

2 2019. On ~~Beginning~~ July 1, 2019 and each July 1 thereafter

3 through July 1, 2022, the Adjutant General and the Assistant

4 Adjutants General shall receive an increase in salary based on

5 a cost of living adjustment as authorized by Senate Joint

6 Resolution 192 of the 86th General Assembly.

7 Notwithstanding any other provision of law, for terms

8 beginning on or after January 16, 2023, the Adjutant General

9 shall receive an annual salary of $165,000 or as set by the

10 Governor, whichever is higher. On July 1, 2023, and on each

11 July 1 thereafter, the Adjutant General shall receive an

12 increase in salary based on a cost of living adjustment as

13 authorized by Senate Joint Resolution 192 of the 86th General

14 Assembly.

15 Notwithstanding any other provision of law, for terms

16 beginning on or after January 16, 2023, the Assistant

17 Adjutants General shall receive an annual salary of $140,250

18 or as set by the Governor, whichever is higher. On July 1,

19 2023, and on each July 1 thereafter, the Assistant Adjutants

20 General shall receive an increase in salary based on a cost of

21 living adjustment as authorized by Senate Joint Resolution 192

22 of the 86th General Assembly.

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

24 Section 15-25. The State Fire Marshal Act is amended by

25 changing Section 1 as follows:

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

2 Sec. 1. There is hereby created the Office of the State

3 Fire Marshal, hereinafter referred to as the Office.

4 The Office shall be under an executive director who shall

5 be appointed by the Governor with the advice and consent of the

6 Senate.

7 The executive director of the Office shall be known as the

8 State Fire Marshal.~~For terms ending before December 31, 2019,~~

9 ~~the State Fire Marshal shall receive an annual salary as set by~~

10 ~~the Compensation Review Board.~~For terms beginning after

11 January 18, 2019 (the effective date of Public Act 100-1179)

12 and before January 16, 2023 ~~this amendatory Act of the 100th~~

13 ~~General Assembly~~, the State Fire Marshal's annual salary shall

14 be an amount equal to 15% more than the State Fire Marshal's

15 annual salary as of December 31, 2018. The calculation of the

16 2018 salary base for this adjustment shall not include any

17 cost of living adjustments, as authorized by Senate Joint

18 Resolution 192 of the 86th General Assembly, for the period

19 beginning July 1, 2009 to June 30, 2019. On ~~Beginning~~ July 1,

20 2019 and each July 1 thereafter through July 1, 2022, the State

21 Fire Marshal shall receive an increase in salary based on a

22 cost of living adjustment as authorized by Senate Joint

23 Resolution 192 of the 86th General Assembly.

24 Notwithstanding any other provision of law, for terms

25 beginning on or after January 16, 2023, the State Fire Marshal

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1 shall receive an annual salary of $165,000 or as set by the

2 Governor, whichever is higher. On July 1, 2023, and on each

3 July 1 thereafter, the State Fire Marshal shall receive an

4 increase in salary based on a cost of living adjustment as

5 authorized by Senate Joint Resolution 192 of the 86th General

6 Assembly.

7 The Office of the State Fire Marshal shall have a division

8 that shall assume the duties of the Division of Fire

9 Prevention, Department of Law Enforcement, and a division that

10 shall assume the duties of Illinois Fire Protection Personnel

11 Standards and Education Commission. Each division shall be

12 headed by a division manager who shall be employed by the Fire

13 Marshal, subject to the Personnel Code, and shall be

14 responsible to the Fire Marshal.

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

16 Section 15-30. The Illinois Emergency Management Agency

17 Act is amended by changing Section 5 as follows:

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

19 Sec. 5. Illinois Emergency Management Agency.

20 (a) There is created within the executive branch of the

21 State Government an Illinois Emergency Management Agency and a

22 Director of the Illinois Emergency Management Agency, herein

23 called the "Director" who shall be the head thereof. The

24 Director shall be appointed by the Governor, with the advice

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1 and consent of the Senate, and shall serve for a term of 2

2 years beginning on the third Monday in January of the

3 odd-numbered year, and until a successor is appointed and has

4 qualified; except that the term of the first Director

5 appointed under this Act shall expire on the third Monday in

6 January, 1989. The Director shall not hold any other

7 remunerative public office. ~~For terms ending before December~~

8 ~~31, 2019, the Director shall receive an annual salary as set by~~

9 ~~the Compensation Review Board.~~ For terms beginning after

10 January 18, 2019 (the effective date of Public Act 100-1179)

11 and before January 16, 2023, the annual salary of the Director

12 shall be as provided in Section 5-300 of the Civil

13 Administrative Code of Illinois. Notwithstanding any other

14 provision of law, for terms beginning on or after January 16,

15 2023, the Director shall receive an annual salary of $180,000

16 or as set by the Governor, whichever is higher. On July 1,

17 2023, and on each July 1 thereafter, the Director shall

18 receive an increase in salary based on a cost of living

19 adjustment as authorized by Senate Joint Resolution 192 of the

20 86th General Assembly.

21 For terms beginning on or after January 16, 2023, the

22 Assistant Director of the Illinois Emergency Management Agency

23 shall receive an annual salary of $156,600 or as set by the

24 Governor, whichever is higher. On July 1, 2023, and on each

25 July 1 thereafter, the Assistant Director shall receive an

26 increase in salary based on a cost of living adjustment as

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1 authorized by Senate Joint Resolution 192 of the 86th General

2 Assembly.

3 (b) The Illinois Emergency Management Agency shall obtain,

4 under the provisions of the Personnel Code, technical,

5 clerical, stenographic and other administrative personnel, and

6 may make expenditures within the appropriation therefor as may

7 be necessary to carry out the purpose of this Act. The agency

8 created by this Act is intended to be a successor to the agency

9 created under the Illinois Emergency Services and Disaster

10 Agency Act of 1975 and the personnel, equipment, records, and

11 appropriations of that agency are transferred to the successor

12 agency as of June 30, 1988 (the effective date of this Act).

13 (c) The Director, subject to the direction and control of

14 the Governor, shall be the executive head of the Illinois

15 Emergency Management Agency and the State Emergency Response

16 Commission and shall be responsible under the direction of the

17 Governor, for carrying out the program for emergency

18 management of this State. The Director shall also maintain

19 liaison and cooperate with the emergency management

20 organizations of this State and other states and of the

21 federal government.

22 (d) The Illinois Emergency Management Agency shall take an

23 integral part in the development and revision of political

24 subdivision emergency operations plans prepared under

25 paragraph (f) of Section 10. To this end it shall employ or

26 otherwise secure the services of professional and technical

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1 personnel capable of providing expert assistance to the

2 emergency services and disaster agencies. These personnel

3 shall consult with emergency services and disaster agencies on

4 a regular basis and shall make field examinations of the

5 areas, circumstances, and conditions that particular political

6 subdivision emergency operations plans are intended to apply.

7 (e) The Illinois Emergency Management Agency and political

8 subdivisions shall be encouraged to form an emergency

9 management advisory committee composed of private and public

10 personnel representing the emergency management phases of

11 mitigation, preparedness, response, and recovery. The Local

12 Emergency Planning Committee, as created under the Illinois

13 Emergency Planning and Community Right to Know Act, shall

14 serve as an advisory committee to the emergency services and

15 disaster agency or agencies serving within the boundaries of

16 that Local Emergency Planning Committee planning district for:

17 (1) the development of emergency operations plan

18 provisions for hazardous chemical emergencies; and

19 (2) the assessment of emergency response capabilities

20 related to hazardous chemical emergencies.

21 (f) The Illinois Emergency Management Agency shall:

22 (1) Coordinate the overall emergency management

23 program of the State.

24 (2) Cooperate with local governments, the federal

25 government, and any public or private agency or entity in

26 achieving any purpose of this Act and in implementing

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1 emergency management programs for mitigation,

2 preparedness, response, and recovery.

3 (2.5) Develop a comprehensive emergency preparedness

4 and response plan for any nuclear accident in accordance

5 with Section 65 of the Nuclear Safety Law of 2004 and in

6 development of the Illinois Nuclear Safety Preparedness

7 program in accordance with Section 8 of the Illinois

8 Nuclear Safety Preparedness Act.

9 (2.6) Coordinate with the Department of Public Health

10 with respect to planning for and responding to public

11 health emergencies.

12 (3) Prepare, for issuance by the Governor, executive

13 orders, proclamations, and regulations as necessary or

14 appropriate in coping with disasters.

15 (4) Promulgate rules and requirements for political

16 subdivision emergency operations plans that are not

17 inconsistent with and are at least as stringent as

18 applicable federal laws and regulations.

19 (5) Review and approve, in accordance with Illinois

20 Emergency Management Agency rules, emergency operations

21 plans for those political subdivisions required to have an

22 emergency services and disaster agency pursuant to this

23 Act.

24 (5.5) Promulgate rules and requirements for the

25 political subdivision emergency management exercises,

26 including, but not limited to, exercises of the emergency

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1 operations plans.

2 (5.10) Review, evaluate, and approve, in accordance

3 with Illinois Emergency Management Agency rules, political

4 subdivision emergency management exercises for those

5 political subdivisions required to have an emergency

6 services and disaster agency pursuant to this Act.

7 (6) Determine requirements of the State and its

8 political subdivisions for food, clothing, and other

9 necessities in event of a disaster.

10 (7) Establish a register of persons with types of

11 emergency management training and skills in mitigation,

12 preparedness, response, and recovery.

13 (8) Establish a register of government and private

14 response resources available for use in a disaster.

15 (9) Expand the Earthquake Awareness Program and its

16 efforts to distribute earthquake preparedness materials to

17 schools, political subdivisions, community groups, civic

18 organizations, and the media. Emphasis will be placed on

19 those areas of the State most at risk from an earthquake.

20 Maintain the list of all school districts, hospitals,

21 airports, power plants, including nuclear power plants,

22 lakes, dams, emergency response facilities of all types,

23 and all other major public or private structures which are

24 at the greatest risk of damage from earthquakes under

25 circumstances where the damage would cause subsequent harm

26 to the surrounding communities and residents.

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1 (10) Disseminate all information, completely and

2 without delay, on water levels for rivers and streams and

3 any other data pertaining to potential flooding supplied

4 by the Division of Water Resources within the Department

5 of Natural Resources to all political subdivisions to the

6 maximum extent possible.

7 (11) Develop agreements, if feasible, with medical

8 supply and equipment firms to supply resources as are

9 necessary to respond to an earthquake or any other

10 disaster as defined in this Act. These resources will be

11 made available upon notifying the vendor of the disaster.

12 Payment for the resources will be in accordance with

13 Section 7 of this Act. The Illinois Department of Public

14 Health shall determine which resources will be required

15 and requested.

16 (11.5) In coordination with the Illinois State Police,

17 develop and implement a community outreach program to

18 promote awareness among the State's parents and children

19 of child abduction prevention and response.

20 (12) Out of funds appropriated for these purposes,

21 award capital and non-capital grants to Illinois hospitals

22 or health care facilities located outside of a city with a

23 population in excess of 1,000,000 to be used for purposes

24 that include, but are not limited to, preparing to respond

25 to mass casualties and disasters, maintaining and

26 improving patient safety and quality of care, and

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1 protecting the confidentiality of patient information. No

2 single grant for a capital expenditure shall exceed

3 $300,000. No single grant for a non-capital expenditure

4 shall exceed $100,000. In awarding such grants, preference

5 shall be given to hospitals that serve a significant

6 number of Medicaid recipients, but do not qualify for

7 disproportionate share hospital adjustment payments under

8 the Illinois Public Aid Code. To receive such a grant, a

9 hospital or health care facility must provide funding of

10 at least 50% of the cost of the project for which the grant

11 is being requested. In awarding such grants the Illinois

12 Emergency Management Agency shall consider the

13 recommendations of the Illinois Hospital Association.

14 (13) Do all other things necessary, incidental or

15 appropriate for the implementation of this Act.

16 (g) The Illinois Emergency Management Agency is authorized

17 to make grants to various higher education institutions,

18 public K-12 school districts, area vocational centers as

19 designated by the State Board of Education, inter-district

20 special education cooperatives, regional safe schools, and

21 nonpublic K-12 schools for safety and security improvements.

22 For the purpose of this subsection (g), "higher education

23 institution" means a public university, a public community

24 college, or an independent, not-for-profit or for-profit

25 higher education institution located in this State. Grants

26 made under this subsection (g) shall be paid out of moneys

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1 appropriated for that purpose from the Build Illinois Bond

2 Fund. The Illinois Emergency Management Agency shall adopt

3 rules to implement this subsection (g). These rules may

4 specify: (i) the manner of applying for grants; (ii) project

5 eligibility requirements; (iii) restrictions on the use of

6 grant moneys; (iv) the manner in which the various higher

7 education institutions must account for the use of grant

8 moneys; and (v) any other provision that the Illinois

9 Emergency Management Agency determines to be necessary or

10 useful for the administration of this subsection (g).

11 (g-5) The Illinois Emergency Management Agency is

12 authorized to make grants to not-for-profit organizations

13 which are exempt from federal income taxation under section

14 501(c)(3) of the Federal Internal Revenue Code for eligible

15 security improvements that assist the organization in

16 preventing, preparing for, or responding to acts of terrorism.

17 The Director shall establish procedures and forms by which

18 applicants may apply for a grant and procedures for

19 distributing grants to recipients. The procedures shall

20 require each applicant to do the following:

21 (1) identify and substantiate prior threats or attacks

22 by a terrorist organization, network, or cell against the

23 not-for-profit organization;

24 (2) indicate the symbolic or strategic value of one or

25 more sites that renders the site a possible target of

26 terrorism;

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1 (3) discuss potential consequences to the organization

2 if the site is damaged, destroyed, or disrupted by a

3 terrorist act;

4 (4) describe how the grant will be used to integrate

5 organizational preparedness with broader State and local

6 preparedness efforts;

7 (5) submit a vulnerability assessment conducted by

8 experienced security, law enforcement, or military

9 personnel, and a description of how the grant award will

10 be used to address the vulnerabilities identified in the

11 assessment; and

12 (6) submit any other relevant information as may be

13 required by the Director.

14 The Agency is authorized to use funds appropriated for the

15 grant program described in this subsection (g-5) to administer

16 the program.

17 (h) Except as provided in Section 17.5 of this Act, any

18 moneys received by the Agency from donations or sponsorships

19 unrelated to a disaster shall be deposited in the Emergency

20 Planning and Training Fund and used by the Agency, subject to

21 appropriation, to effectuate planning and training activities.

22 Any moneys received by the Agency from donations during a

23 disaster and intended for disaster response or recovery shall

24 be deposited into the Disaster Response and Recovery Fund and

25 used for disaster response and recovery pursuant to the

26 Disaster Relief Act.

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1 (i) The Illinois Emergency Management Agency may by rule

2 assess and collect reasonable fees for attendance at

3 Agency-sponsored conferences to enable the Agency to carry out

4 the requirements of this Act. Any moneys received under this

5 subsection shall be deposited in the Emergency Planning and

6 Training Fund and used by the Agency, subject to

7 appropriation, for planning and training activities.

8 (j) The Illinois Emergency Management Agency is authorized

9 to make grants to other State agencies, public universities,

10 units of local government, and statewide mutual aid

11 organizations to enhance statewide emergency preparedness and

12 response.

13 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;

14 102-813, eff. 5-13-22.)

15 Section 15-35. The Environmental Protection Act is amended

16 by changing Section 4 as follows:

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

18 Sec. 4. Environmental Protection Agency; establishment;

19 duties.

20 (a) There is established in the Executive Branch of the

21 State Government an agency to be known as the Environmental

22 Protection Agency. This Agency shall be under the supervision

23 and direction of a Director who shall be appointed by the

24 Governor with the advice and consent of the Senate. The term of

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1 office of the Director shall expire on the third Monday of

2 January in odd numbered years, provided that he or she shall

3 hold office until a successor is appointed and has qualified.

4 ~~For terms ending before December 31, 2019, the Director shall~~

5 ~~receive an annual salary as set by the Compensation Review~~

6 ~~Board.~~ For terms beginning after January 18, 2019 (the

7 effective date of Public Act 100-1179) and before January 16,

8 2023, the Director's annual salary shall be an amount equal to

9 15% more than the Director's annual salary as of December 31,

10 2018. The calculation of the 2018 salary base for this

11 adjustment shall not include any cost of living adjustments,

12 as authorized by Senate Joint Resolution 192 of the 86th

13 General Assembly, for the period beginning July 1, 2009 to

14 June 30, 2019. Beginning July 1, 2019 and each July 1

15 thereafter, the Director shall receive an increase in salary

16 based on a cost of living adjustment as authorized by Senate

17 Joint Resolution 192 of the 86th General Assembly.

18 Notwithstanding any other provision of law, for terms

19 beginning on or after January 16, 2023, the Director shall

20 receive an annual salary of $180,000 or as set by the Governor,

21 whichever is higher. On July 1, 2023, and on each July 1

22 thereafter, the Director shall receive an increase in salary

23 based on a cost of living adjustment as authorized by Senate

24 Joint Resolution 192 of the 86th General Assembly. The

25 Director, in accord with the Personnel Code, shall employ and

26 direct such personnel, and shall provide for such laboratory

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1 and other facilities, as may be necessary to carry out the

2 purposes of this Act. In addition, the Director may by

3 agreement secure such services as he or she may deem necessary

4 from any other department, agency, or unit of the State

5 Government, and may employ and compensate such consultants and

6 technical assistants as may be required.

7 (b) The Agency shall have the duty to collect and

8 disseminate such information, acquire such technical data, and

9 conduct such experiments as may be required to carry out the

10 purposes of this Act, including ascertainment of the quantity

11 and nature of discharges from any contaminant source and data

12 on those sources, and to operate and arrange for the operation

13 of devices for the monitoring of environmental quality.

14 (c) The Agency shall have authority to conduct a program

15 of continuing surveillance and of regular or periodic

16 inspection of actual or potential contaminant or noise

17 sources, of public water supplies, and of refuse disposal

18 sites.

19 (d) In accordance with constitutional limitations, the

20 Agency shall have authority to enter at all reasonable times

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

22 (1) Inspecting and investigating to ascertain possible

23 violations of this Act, any rule or regulation adopted

24 under this Act, any permit or term or condition of a

25 permit, or any Board order; or

26 (2) In accordance with the provisions of this Act,

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1 taking whatever preventive or corrective action, including

2 but not limited to removal or remedial action, that is

3 necessary or appropriate whenever there is a release or a

4 substantial threat of a release of (A) a hazardous

5 substance or pesticide or (B) petroleum from an

6 underground storage tank.

7 (e) The Agency shall have the duty to investigate

8 violations of this Act, any rule or regulation adopted under

9 this Act, any permit or term or condition of a permit, or any

10 Board order; to issue administrative citations as provided in

11 Section 31.1 of this Act; and to take such summary enforcement

12 action as is provided for by Section 34 of this Act.

13 (f) The Agency shall appear before the Board in any

14 hearing upon a petition for variance or time-limited water

15 quality standard, the denial of a permit, or the validity or

16 effect of a rule or regulation of the Board, and shall have the

17 authority to appear before the Board in any hearing under the

18 Act.

19 (g) The Agency shall have the duty to administer, in

20 accord with Title X of this Act, such permit and certification

21 systems as may be established by this Act or by regulations

22 adopted thereunder. The Agency may enter into written

23 delegation agreements with any department, agency, or unit of

24 State or local government under which all or portions of this

25 duty may be delegated for public water supply storage and

26 transport systems, sewage collection and transport systems,

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1 air pollution control sources with uncontrolled emissions of

2 100 tons per year or less and application of algicides to

3 waters of the State. Such delegation agreements will require

4 that the work to be performed thereunder will be in accordance

5 with Agency criteria, subject to Agency review, and shall

6 include such financial and program auditing by the Agency as

7 may be required.

8 (h) The Agency shall have authority to require the

9 submission of complete plans and specifications from any

10 applicant for a permit required by this Act or by regulations

11 thereunder, and to require the submission of such reports

12 regarding actual or potential violations of this Act, any rule

13 or regulation adopted under this Act, any permit or term or

14 condition of a permit, or any Board order, as may be necessary

15 for the purposes of this Act.

16 (i) The Agency shall have authority to make

17 recommendations to the Board for the adoption of regulations

18 under Title VII of the Act.

19 (j) The Agency shall have the duty to represent the State

20 of Illinois in any and all matters pertaining to plans,

21 procedures, or negotiations for interstate compacts or other

22 governmental arrangements relating to environmental

23 protection.

24 (k) The Agency shall have the authority to accept,

25 receive, and administer on behalf of the State any grants,

26 gifts, loans, indirect cost reimbursements, or other funds

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1 made available to the State from any source for purposes of

2 this Act or for air or water pollution control, public water

3 supply, solid waste disposal, noise abatement, or other

4 environmental protection activities, surveys, or programs. Any

5 federal funds received by the Agency pursuant to this

6 subsection shall be deposited in a trust fund with the State

7 Treasurer and held and disbursed by him in accordance with

8 Treasurer as Custodian of Funds Act, provided that such monies

9 shall be used only for the purposes for which they are

10 contributed and any balance remaining shall be returned to the

11 contributor.

12 The Agency is authorized to promulgate such regulations

13 and enter into such contracts as it may deem necessary for

14 carrying out the provisions of this subsection.

15 (l) The Agency is hereby designated as water pollution

16 agency for the state for all purposes of the Federal Water

17 Pollution Control Act, as amended; as implementing agency for

18 the State for all purposes of the Safe Drinking Water Act,

19 Public Law 93-523, as now or hereafter amended, except Section

20 1425 of that Act; as air pollution agency for the state for all

21 purposes of the Clean Air Act of 1970, Public Law 91-604,

22 approved December 31, 1970, as amended; and as solid waste

23 agency for the state for all purposes of the Solid Waste

24 Disposal Act, Public Law 89-272, approved October 20, 1965,

25 and amended by the Resource Recovery Act of 1970, Public Law

26 91-512, approved October 26, 1970, as amended, and amended by

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1 the Resource Conservation and Recovery Act of 1976, (P.L.

2 94-580) approved October 21, 1976, as amended; as noise

3 control agency for the state for all purposes of the Noise

4 Control Act of 1972, Public Law 92-574, approved October 27,

5 1972, as amended; and as implementing agency for the State for

6 all purposes of the Comprehensive Environmental Response,

7 Compensation, and Liability Act of 1980 (P.L. 96-510), as

8 amended; and otherwise as pollution control agency for the

9 State pursuant to federal laws integrated with the foregoing

10 laws, for financing purposes or otherwise. The Agency is

11 hereby authorized to take all action necessary or appropriate

12 to secure to the State the benefits of such federal Acts,

13 provided that the Agency shall transmit to the United States

14 without change any standards adopted by the Pollution Control

15 Board pursuant to Section 5(c) of this Act. This subsection

16 (l) of Section 4 shall not be construed to bar or prohibit the

17 Environmental Protection Trust Fund Commission from accepting,

18 receiving, and administering on behalf of the State any

19 grants, gifts, loans or other funds for which the Commission

20 is eligible pursuant to the Environmental Protection Trust

21 Fund Act. The Agency is hereby designated as the State agency

22 for all purposes of administering the requirements of Section

23 313 of the federal Emergency Planning and Community

24 Right-to-Know Act of 1986.

25 Any municipality, sanitary district, or other political

26 subdivision, or any Agency of the State or interstate Agency,

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1 which makes application for loans or grants under such federal

2 Acts shall notify the Agency of such application; the Agency

3 may participate in proceedings under such federal Acts.

4 (m) The Agency shall have authority, consistent with

5 Section 5(c) and other provisions of this Act, and for

6 purposes of Section 303(e) of the Federal Water Pollution

7 Control Act, as now or hereafter amended, to engage in

8 planning processes and activities and to develop plans in

9 cooperation with units of local government, state agencies and

10 officers, and other appropriate persons in connection with the

11 jurisdiction or duties of each such unit, agency, officer or

12 person. Public hearings shall be held on the planning process,

13 at which any person shall be permitted to appear and be heard,

14 pursuant to procedural regulations promulgated by the Agency.

15 (n) In accordance with the powers conferred upon the

16 Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act,

17 the Agency shall have authority to establish and enforce

18 minimum standards for the operation of laboratories relating

19 to analyses and laboratory tests for air pollution, water

20 pollution, noise emissions, contaminant discharges onto land

21 and sanitary, chemical, and mineral quality of water

22 distributed by a public water supply. The Agency may enter

23 into formal working agreements with other departments or

24 agencies of state government under which all or portions of

25 this authority may be delegated to the cooperating department

26 or agency.

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1 (o) The Agency shall have the authority to issue

2 certificates of competency to persons and laboratories meeting

3 the minimum standards established by the Agency in accordance

4 with Section 4(n) of this Act and to promulgate and enforce

5 regulations relevant to the issuance and use of such

6 certificates. The Agency may enter into formal working

7 agreements with other departments or agencies of state

8 government under which all or portions of this authority may

9 be delegated to the cooperating department or agency.

10 (p) Except as provided in Section 17.7, the Agency shall

11 have the duty to analyze samples as required from each public

12 water supply to determine compliance with the contaminant

13 levels specified by the Pollution Control Board. The maximum

14 number of samples which the Agency shall be required to

15 analyze for microbiological quality shall be 6 per month, but

16 the Agency may, at its option, analyze a larger number each

17 month for any supply. Results of sample analyses for

18 additional required bacteriological testing, turbidity,

19 residual chlorine and radionuclides are to be provided to the

20 Agency in accordance with Section 19. Owners of water supplies

21 may enter into agreements with the Agency to provide for

22 reduced Agency participation in sample analyses.

23 (q) The Agency shall have the authority to provide notice

24 to any person who may be liable pursuant to Section 22.2(f) of

25 this Act for a release or a substantial threat of a release of

26 a hazardous substance or pesticide. Such notice shall include

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1 the identified response action and an opportunity for such

2 person to perform the response action.

3 (r) The Agency may enter into written delegation

4 agreements with any unit of local government under which it

5 may delegate all or portions of its inspecting, investigating

6 and enforcement functions. Such delegation agreements shall

7 require that work performed thereunder be in accordance with

8 Agency criteria and subject to Agency review. Notwithstanding

9 any other provision of law to the contrary, no unit of local

10 government shall be liable for any injury resulting from the

11 exercise of its authority pursuant to such a delegation

12 agreement unless the injury is proximately caused by the

13 willful and wanton negligence of an agent or employee of the

14 unit of local government, and any policy of insurance coverage

15 issued to a unit of local government may provide for the denial

16 of liability and the nonpayment of claims based upon injuries

17 for which the unit of local government is not liable pursuant

18 to this subsection (r).

19 (s) The Agency shall have authority to take whatever

20 preventive or corrective action is necessary or appropriate,

21 including but not limited to expenditure of monies

22 appropriated from the Build Illinois Bond Fund for removal or

23 remedial action, whenever any hazardous substance or pesticide

24 is released or there is a substantial threat of such a release

25 into the environment. The State, the Director, and any State

26 employee shall be indemnified for any damages or injury

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1 arising out of or resulting from any action taken under this

2 subsection. The Director of the Agency is authorized to enter

3 into such contracts and agreements as are necessary to carry

4 out the Agency's duties under this subsection.

5 (t) The Agency shall have authority to distribute grants,

6 subject to appropriation by the General Assembly, to units of

7 local government for financing and construction of wastewater

8 facilities in both incorporated and unincorporated areas. With

9 respect to all monies appropriated from the Build Illinois

10 Bond Fund for wastewater facility grants, the Agency shall

11 make distributions in conformity with the rules and

12 regulations established pursuant to the Anti-Pollution Bond

13 Act, as now or hereafter amended.

14 (u) Pursuant to the Illinois Administrative Procedure Act,

15 the Agency shall have the authority to adopt such rules as are

16 necessary or appropriate for the Agency to implement Section

17 31.1 of this Act.

18 (v) (Blank.)

19 (w) Neither the State, nor the Director, nor the Board,

20 nor any State employee shall be liable for any damages or

21 injury arising out of or resulting from any action taken under

22 subsection (s).

23 (x)(1) The Agency shall have authority to distribute

24 grants, subject to appropriation by the General Assembly, to

25 units of local government for financing and construction of

26 public water supply facilities. With respect to all monies

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1 appropriated from the Build Illinois Bond Fund for public

2 water supply grants, such grants shall be made in accordance

3 with rules promulgated by the Agency. Such rules shall include

4 a requirement for a local match of 30% of the total project

5 cost for projects funded through such grants.

6 (2) The Agency shall not terminate a grant to a unit of

7 local government for the financing and construction of public

8 water supply facilities unless and until the Agency adopts

9 rules that set forth precise and complete standards, pursuant

10 to Section 5-20 of the Illinois Administrative Procedure Act,

11 for the termination of such grants. The Agency shall not make

12 determinations on whether specific grant conditions are

13 necessary to ensure the integrity of a project or on whether

14 subagreements shall be awarded, with respect to grants for the

15 financing and construction of public water supply facilities,

16 unless and until the Agency adopts rules that set forth

17 precise and complete standards, pursuant to Section 5-20 of

18 the Illinois Administrative Procedure Act, for making such

19 determinations. The Agency shall not issue a stop-work order

20 in relation to such grants unless and until the Agency adopts

21 precise and complete standards, pursuant to Section 5-20 of

22 the Illinois Administrative Procedure Act, for determining

23 whether to issue a stop-work order.

24 (y) The Agency shall have authority to release any person

25 from further responsibility for preventive or corrective

26 action under this Act following successful completion of

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1 preventive or corrective action undertaken by such person upon

2 written request by the person.

3 (z) To the extent permitted by any applicable federal law

4 or regulation, for all work performed for State construction

5 projects which are funded in whole or in part by a capital

6 infrastructure bill enacted by the 96th General Assembly by

7 sums appropriated to the Environmental Protection Agency, at

8 least 50% of the total labor hours must be performed by actual

9 residents of the State of Illinois. For purposes of this

10 subsection, "actual residents of the State of Illinois" means

11 persons domiciled in the State of Illinois. The Department of

12 Labor shall promulgate rules providing for the enforcement of

13 this subsection.

14 (aa) The Agency may adopt rules requiring the electronic

15 submission of any information required to be submitted to the

16 Agency pursuant to any State or federal law or regulation or

17 any court or Board order. Any rules adopted under this

18 subsection (aa) must include, but are not limited to,

19 identification of the information to be submitted

20 electronically.

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

22 Section 15-40. The Reimagine Public Safety Act is amended

23 by changing Section 35-20 as follows:

24 (430 ILCS 69/35-20)

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1 Sec. 35-20. Office of Firearm Violence Prevention.

2 (a) On or before October 1, 2021, an Office of Firearm

3 Violence Prevention is established within the Illinois

4 Department of Human Services. The Assistant Secretary of

5 Violence Prevention shall report his or her actions to the

6 Secretary of Human Services and the Office of the Governor.

7 The Office shall have the authority to coordinate and

8 integrate all programs and services listed in this Act and

9 other programs and services the Governor establishes by

10 executive order to maximize an integrated approach to reducing

11 Illinois' firearm violence epidemic and ultimately ending this

12 public health crisis.

13 (b) The Department of Human Services and the Office of

14 Firearm Violence Prevention shall have grant making,

15 operational, and procurement authority to distribute funds to

16 violence prevention organizations, youth development

17 organizations, high-risk youth intervention organizations,

18 approved technical assistance and training providers,

19 evaluation and assessment organizations, and other entities

20 necessary to execute the functions established in this Act and

21 other programs and services the Governor establishes by

22 executive order for the Department and the Office.

23 (c) The Assistant Secretary of Firearm Violence Prevention

24 shall be appointed by the Governor with the advice and consent

25 of the Senate. The Assistant Secretary of Firearm Violence

26 Prevention shall receive an annual salary of $170,000 or as

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1 set by the Governor, whichever is higher, and, beginning July

2 1, 2023, shall be compensated from appropriations provided to

3 the Comptroller for this purpose. On July 1, 2023, and on each

4 July 1 thereafter, the Assistant Secretary shall receive an

5 increase in salary based on a cost of living adjustment as

6 authorized by Senate Joint Resolution 192 of the 86th General

7 Assembly. The Assistant Secretary of Firearm Violence

8 Prevention shall report to the Secretary of Human Services and

9 also report his or her actions to the Office of the Governor.

10 (d) For Illinois municipalities with a 1,000,000 or more

11 population, the Office of Firearm Violence Prevention shall

12 determine the 10 most violent neighborhoods. When possible,

13 this shall be determined by measuring the number of per capita

14 fatal and nonfatal firearm-shot victims, excluding

15 self-inflicted incidents, from January 1, 2016 through

16 December 31, 2020. These 10 communities shall qualify for

17 grants under this Act and coordination of other State services

18 from the Office of Firearm Violence Prevention. The Office

19 shall, after identifying the top 10 neighborhoods, identify an

20 additional 7 eligible neighborhoods by considering the number

21 of victims in rank order in addition to the per capita rate. If

22 appropriate, and subject to appropriation, the Office shall

23 have the authority to consider adding up to 5 additional

24 eligible neighborhoods or clusters of contiguous neighborhoods

25 utilizing the same data sets so as to maximize the potential

26 impact for firearm violence reduction. For Illinois

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1 municipalities with less than 1,000,000 residents and more

2 than 35,000 residents, the Office of Firearm Violence

3 Prevention shall identify the 10 municipalities or contiguous

4 geographic areas that have the greatest concentrated firearm

5 violence victims. When possible, this shall be determined by

6 measuring the number of fatal and nonfatal firearm-shot

7 victims, excluding self-inflicted incidents, from January 1,

8 2016 through December 31, 2020 divided by the number of

9 residents for each municipality or area. These 10

10 municipalities or contiguous geographic areas and up to 5

11 additional municipalities or contiguous geographic areas

12 identified by the Office of Firearm Violence Prevention shall

13 qualify for grants under this Act and coordination of other

14 State services from the Office of Firearm Violence Prevention.

15 The Office of Firearm Violence Prevention shall consider

16 factors listed in subsection (a) of Section 35-40 to determine

17 up to 5 additional municipalities or contiguous geographic

18 areas that qualify for grants under this Act. The Office of

19 Firearm Violence Prevention may, subject to appropriation,

20 identify up to 5 additional neighborhoods, municipalities,

21 contiguous geographic areas, or other local

22 government-identified boundary areas to receive funding under

23 this Act after considering additional risk factors that

24 contribute to community firearm violence. The data analysis to

25 identify new eligible neighborhoods and municipalities shall

26 be updated to reflect eligibility based on the most recently

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1 available 5 full years of data no more frequently than once

2 every 3 years.

3 (e) The Office of Firearm Violence Prevention shall issue

4 a report to the General Assembly no later than January 1 of

5 each year that identifies communities within Illinois

6 municipalities of 1,000,000 or more residents and

7 municipalities with less than 1,000,000 residents and more

8 than 35,000 residents that are experiencing concentrated

9 firearm violence, explaining the investments that are being

10 made to reduce concentrated firearm violence, and making

11 further recommendations on how to end Illinois' firearm

12 violence epidemic.

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

14 ARTICLE 20

15 Section 20-5. The Illinois Power Agency Act is amended by

16 changing Section 1-70 as follows:

17 (20 ILCS 3855/1-70)

18 Sec. 1-70. Agency officials.

19 (a) The Agency shall have a Director who meets the

20 qualifications specified in Section 5-222 of the Civil

21 Administrative Code of Illinois.

22 (b) Within the Illinois Power Agency, the Agency shall

23 establish a Planning and Procurement Bureau and may establish

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1 a Resource Development Bureau. Each Bureau shall report to the

2 Director.

3 (c) The Chief of the Planning and Procurement Bureau shall

4 be appointed by the Director, at the Director's sole

5 discretion, and (i) shall have at least 5 years of direct

6 experience in electricity supply planning and procurement and

7 (ii) shall also hold an advanced degree in risk management,

8 law, business, or a related field.

9 (d) The Chief of the Resource Development Bureau may be

10 appointed by the Director and (i) shall have at least 5 years

11 of direct experience in electric generating project

12 development and (ii) shall also hold an advanced degree in

13 economics, engineering, law, business, or a related field.

14 (e) Notwithstanding any other provision of law, for terms

15 beginning on or after January 16, 2023, the Director shall

16 receive an annual salary of $165,000. On July 1, 2023, and on

17 each July 1 thereafter, the Director shall receive an increase

18 in salary based on a cost of living adjustment as authorized by

19 Senate Joint Resolution 192 of the 86th General Assembly. ~~For~~

20 ~~terms ending before December 31, 2019, the Director shall~~

21 ~~receive an annual salary of $100,000 or as set by the Executive~~

22 ~~Ethics Commission based on a review of comparable State agency~~

23 ~~director salaries, whichever is higher.~~ No annual salary for

24 the Director or a Bureau Chief shall exceed the amount of

25 salary set by law for the Governor that is in effect on July 1

26 of that fiscal year.

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1 (f) The Director and each Bureau Chief ~~Bureau Chiefs~~ shall

2 not, for 2 years prior to appointment or for 2 years after he

3 or she leaves his or her position, be employed by an electric

4 utility, independent power producer, power marketer, or

5 alternative retail electric supplier regulated by the

6 Commission or the Federal Energy Regulatory Commission.

7 (g) The Director and Bureau Chiefs are prohibited from:

8 (i) owning, directly or indirectly, 5% or more of the voting

9 capital stock of an electric utility, independent power

10 producer, power marketer, or alternative retail electric

11 supplier; (ii) being in any chain of successive ownership of

12 5% or more of the voting capital stock of any electric utility,

13 independent power producer, power marketer, or alternative

14 retail electric supplier; (iii) receiving any form of

15 compensation, fee, payment, or other consideration from an

16 electric utility, independent power producer, power marketer,

17 or alternative retail electric supplier, including legal fees,

18 consulting fees, bonuses, or other sums. These limitations do

19 not apply to any compensation received pursuant to a defined

20 benefit plan or other form of deferred compensation, provided

21 that the individual has otherwise severed all ties to the

22 utility, power producer, power marketer, or alternative retail

23 electric supplier.

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

25 ARTICLE 25

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1 Section 25-5. The Commission on Equity and Inclusion Act

2 is amended by changing Section 40-5 as follows:

3 (30 ILCS 574/40-5)

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

5 (a) There is hereby created the Commission on Equity and

6 Inclusion, which shall consist of 7 members appointed by the

7 Governor with the advice and consent of the Senate. No more

8 than 4 members shall be of the same political party. The

9 Governor shall designate one member as chairperson~~, who shall~~

10 ~~be the chief administrative and executive officer of the~~

11 ~~Commission, and shall have general supervisory authority over~~

12 ~~all personnel of the Commission~~.

13 (b) Of the members first appointed, 4 shall be appointed

14 for a term to expire on the third Monday of January, 2023, and

15 3 (including the Chairperson) shall be appointed for a term to

16 expire on the third Monday of January, 2025.

17 Thereafter, each member shall serve for a term of 4 years

18 and until his or her successor is appointed and qualified;

19 except that any member chosen to fill a vacancy occurring

20 otherwise than by expiration of a term shall be appointed only

21 for the unexpired term of the member whom he or she shall

22 succeed and until his or her successor is appointed and

23 qualified.

24 (c) In case of a vacancy on the Commission during the

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1 recess of the Senate, the Governor shall make a temporary

2 appointment until the next meeting of the Senate, when he or

3 she shall appoint a person to fill the vacancy. Any person so

4 nominated who is confirmed by the Senate shall hold office

5 during the remainder of the term and until his or her successor

6 is appointed and qualified. Vacancies in the Commission shall

7 not impair the right of the remaining members to exercise all

8 the powers of the Commission.

9 (d) The Chairperson of the Commission shall be compensated

10 at the rate of $128,000 per year, or as otherwise set by this

11 Section, during his or her service as Chairperson, and each

12 other member shall be compensated at the rate of $121,856 per

13 year, or as otherwise set by this Section. In addition, all

14 members of the Commission shall be reimbursed for expenses

15 actually and necessarily incurred by them in the performance

16 of their duties. Members of the Commission are eligible to

17 receive pension under the State Employees' Retirement System

18 of Illinois as provided under Article 14 of the Illinois

19 Pension Code.

20 (e) The Commission shall have an Executive Director who is

21 appointed by the Governor and who shall be the chief

22 administrative and operational officer of the Commission,

23 shall direct and supervise its administrative affairs and

24 general management, and perform such other duties as may be

25 prescribed from time to time by the Commission.

26 Notwithstanding any other provision of law, beginning on the

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1 effective date of this amendatory Act of the 102nd General

2 Assembly, the Executive Director shall receive an annual

3 salary as set by the Governor.

4 The Executive Director or any committee of the Commission

5 may carry out such responsibilities of the Commission as the

6 Commission by resolution may delegate. The Executive Director

7 shall attend all meetings of the Commission; however, no

8 action of the Commission shall be invalid on account of the

9 absence of the Executive Director from a meeting. The

10 Executive Director may employ and determine the compensation

11 of staff, as appropriations permit.

12 (f) The budget established for the Commission for any

13 given fiscal year shall be no less than that established for

14 the Human Rights Commission for that same fiscal year.

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

16 ARTICLE 30

17 Section 30-5. The Salaries Act is amended by changing

18 Section 1 as follows:

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

20 Sec. 1. There shall be allowed and paid an annual salary in

21 lieu of all other salaries, fees, perquisites, benefit of

22 compensation in any form whatsoever, to each of the officers

23 herein named, the following respectively: ~~.~~

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1 (1) For terms beginning before January 9, 2023:

2 To the Governor, a salary set by the Compensation

3 Review Board, together with the use and occupancy of

4 the executive mansion.

5 To the Lieutenant Governor, a salary set by the

6 Compensation Review Board.

7 To the Secretary of State, a salary set by the

8 Compensation Review Board.

9 To the Comptroller, a salary set by the

10 Compensation Review Board.

11 To the Treasurer, a salary set by the Compensation

12 Review Board.

13 To the Attorney General, a salary set by the

14 Compensation Review Board.

15 (2) For terms beginning on or after January 9, 2023:

16 To the Governor, a salary of $205,700 or as set by

17 the Compensation Review Board, whichever is greater,

18 together with the use and occupancy of the executive

19 mansion.

20 To the Lieutenant Governor, a salary of $160,900

21 or as set by the Compensation Review Board, whichever

22 is greater.

23 To the Secretary of State, a salary of $183,300 or

24 as set by the Compensation Review Board, whichever is

25 greater.

26 To the Comptroller, a salary of $160,900 or as set

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1 by the Compensation Review Board, whichever is

2 greater.

3 To the Treasurer, a salary of $160,900 or as set by

4 the Compensation Review Board, whichever is greater.

5 To the Attorney General, a salary of $183,300 or

6 as set by the Compensation Review Board, whichever is

7 greater.

8 (Source: P.A. 89-657, eff. 8-14-96.)

9 ARTICLE 35

10 Section 35-5. The General Assembly Compensation Act is

11 amended by changing Section 1 as follows:

12 (25 ILCS 115/1) (from Ch. 63, par. 14)

13 Sec. 1. Each member of the General Assembly shall receive

14 an annual salary of $28,000 or as set by the Compensation

15 Review Board, whichever is greater.Beginning with the 103rd

16 General Assembly, each member of the General Assembly shall

17 receive an annual salary of $85,000 or as set by the

18 Compensation Review Board, whichever is greater.The following

19 named officers, committee chairmen and committee minority

20 spokesmen shall receive additional amounts per year for their

21 services as such officers, committee chairmen and committee

22 minority spokesmen respectively, as set by the Compensation

23 Review Board or, as follows, whichever is greater: Beginning

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1 the second Wednesday in January 1989, the Speaker and the

2 minority leader of the House of Representatives and the

3 President and the minority leader of the Senate, $16,000 each;

4 the majority leader in the House of Representatives $13,500; 5

5 assistant majority leaders and 5 assistant minority leaders in

6 the Senate, $12,000 each; 6 assistant majority leaders and 6

7 assistant minority leaders in the House of Representatives,

8 $10,500 each; 2 Deputy Majority leaders in the House of

9 Representatives $11,500 each; and 2 Deputy Minority leaders in

10 the House of Representatives, $11,500 each; the majority

11 caucus chairman and minority caucus chairman in the Senate,

12 $12,000 each; and beginning the second Wednesday in January,

13 1989, the majority conference chairman and the minority

14 conference chairman in the House of Representatives, $10,500

15 each; beginning the second Wednesday in January, 1989, the

16 chairman and minority spokesman of each standing committee of

17 the Senate, except the Rules Committee, the Committee on

18 Committees, and the Committee on Assignment of Bills, $6,000

19 each; and beginning the second Wednesday in January, 1989, the

20 chairman and minority spokesman of each standing and select

21 committee of the House of Representatives, $6,000 each; and

22 beginning fiscal year 2020, the majority leader in the Senate,

23 an amount equal to the majority leader in the House. For any

24 General Assembly in which the majority party in the House of

25 Representatives has 71 or more elected Representatives, the

26 majority party shall have one additional majority officer who

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1 shall have the title of speaker pro tempore and who shall

2 receive an amount equal to the majority leader in the House and

3 one majority officer who shall receive an amount equal to an

4 assistant majority leader in the House of Representatives. For

5 any General Assembly in which the majority party in the Senate

6 has 36 or more elected Senators, the majority party shall have

7 one additional majority officer who shall receive an amount

8 equal to the majority leader in the House and one majority

9 officer who shall receive an amount equal to an assistant

10 majority leader in the Senate. A member who serves in more than

11 one position as an officer, committee chairman, or committee

12 minority spokesman shall receive only one additional amount

13 based on the position paying the highest additional amount.

14 Prior to the 103rd General Assembly, the compensation provided

15 for in this Section to be paid per year to members of the

16 General Assembly, including the additional sums payable per

17 year to officers of the General Assembly shall be paid in 12

18 equal monthly installments. The first such installment is

19 payable on January 31, 1977. All subsequent equal monthly

20 installments are payable on the last working day of the month.

21 Prior to the 103rd General Assembly, a member who has held

22 office any part of a month is entitled to compensation for an

23 entire month.

24 Beginning with the 103rd General Assembly, the

25 compensation provided for in this Section to be paid per year

26 to members of the General Assembly, including additional sums

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1 payable per year to officers of the General Assembly, shall be

2 paid bi-monthly. Members who resign before completing the

3 entire term in office shall be compensated on a prorated

4 basis. Members completing the term of a vacancy shall be

5 compensated on a prorated basis.

6 Mileage shall be paid at the rate of 20 cents per mile

7 before January 9, 1985, and at the mileage allowance rate in

8 effect under regulations promulgated pursuant to 5 U.S.C.

9 5707(b)(2) beginning January 9, 1985, for the number of actual

10 highway miles necessarily and conveniently traveled by the

11 most feasible route to be present upon convening of the

12 sessions of the General Assembly by such member in each and

13 every trip during each session in going to and returning from

14 the seat of government, to be computed by the Comptroller. A

15 member traveling by public transportation for such purposes,

16 however, shall be paid his actual cost of that transportation

17 instead of on the mileage rate if his cost of public

18 transportation exceeds the amount to which he would be

19 entitled on a mileage basis. No member may be paid, whether on

20 a mileage basis or for actual costs of public transportation,

21 for more than one such trip for each week the General Assembly

22 is actually in session. Each member shall also receive an

23 allowance of $36 per day for lodging and meals while in

24 attendance at sessions of the General Assembly before January

25 9, 1985; beginning January 9, 1985, such food and lodging

26 allowance shall be equal to the amount per day permitted to be

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1 deducted for such expenses under the Internal Revenue Code;

2 however, beginning May 31, 1995, no allowance for food and

3 lodging while in attendance at sessions is authorized for

4 periods of time after the last day in May of each calendar

5 year, except (i) if the General Assembly is convened in

6 special session by either the Governor or the presiding

7 officers of both houses, as provided by subsection (b) of

8 Section 5 of Article IV of the Illinois Constitution or (ii) if

9 the General Assembly is convened to consider bills vetoed,

10 item vetoed, reduced, or returned with specific

11 recommendations for change by the Governor as provided in

12 Section 9 of Article IV of the Illinois Constitution. For

13 fiscal year 2011 and for session days in fiscal years 2012,

14 2013, 2014, 2015, 2016, 2017, 2018, and 2019 only (i) the

15 allowance for lodging and meals is $111 per day and (ii)

16 mileage for automobile travel shall be reimbursed at a rate of

17 $0.39 per mile.

18 Notwithstanding any other provision of law to the

19 contrary, beginning in fiscal year 2012, travel reimbursement

20 for General Assembly members on non-session days shall be

21 calculated using the guidelines set forth by the Legislative

22 Travel Control Board, except that fiscal year 2012, 2013,

23 2014, 2015, 2016, 2017, 2018, and 2019 mileage reimbursement

24 is set at a rate of $0.39 per mile.

25 If a member dies having received only a portion of the

26 amount payable as compensation, the unpaid balance shall be

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1 paid to the surviving spouse of such member, or, if there be

2 none, to the estate of such member.

3 (Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21;

4 102-664, eff. 1-1-22.)

5 ARTICLE 40

6 Section 40-5. The Legislative Materials Act is amended by

7 changing Section 1 as follows:

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

9 Sec. 1. Fees.

10 (a) The Clerk of the House of Representatives may

11 establish a schedule of reasonable fees to be charged for

12 providing copies of daily and bound journals, committee

13 documents, committee tape recordings, transcripts of committee

14 proceedings, and committee notices, for providing copies of

15 bills on a continuing or individual basis, and for providing

16 tape recordings and transcripts of floor debates and other

17 proceedings of the House.

18 (b) The Secretary of the Senate may establish a schedule

19 of reasonable fees to be charged for providing copies of daily

20 and bound journals, committee notices, for providing copies of

21 bills on a continuing or individual basis, and for providing

22 tape recordings and transcripts of floor debates and other

23 proceedings of the Senate.

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1 (c) The Clerk of the House of Representatives and the

2 Secretary of the Senate may establish a schedule of reasonable

3 fees to be charged for providing live audio of floor debates

4 and other proceedings of the House of Representatives and the

5 Senate. The Clerk and the Secretary shall have complete

6 discretion over the distribution of live audio under this

7 subsection (c), including discretion over the conditions under

8 which live audio shall be distributed, except that live audio

9 shall be distributed to the General Assembly and its staffs.

10 Nothing in this subsection (c) shall be construed to create an

11 obligation on the part of the Clerk or Secretary to provide

12 live audio to any person or entity other than to the General

13 Assembly and its staffs.

14 (c-5) The Clerk of the House of Representatives, to the

15 extent authorized by the House Rules,and the Secretary of the

16 Senate, to the extent authorized by the Rules of the Senate,

17 may establish a schedule of reasonable fees to be charged to

18 members for the preparation, filing, and reproduction of

19 non-substantive resolutions.

20 (c-10) Through December 31, 2010, the Clerk of the House

21 of Representatives may sell to a member of the House of

22 Representatives one or more of the chairs that comprise member

23 seating in the House chamber. The Clerk must charge the

24 original cost of the chairs.

25 (c-15) Through December 31, 2010, the Secretary of the

26 Senate may sell to a member of the Senate one or more of the

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1 chairs that comprise member seating in the Senate chamber. The

2 Secretary must charge the original cost of the chairs.

3 (d) Receipts from all fees and charges established under

4 this Section shall be deposited by the Clerk and the Secretary

5 into the General Assembly Operations Revolving Fund, a special

6 fund in the State treasury. Amounts in the Fund may be

7 appropriated for the operations of the offices of the Clerk of

8 the House of Representatives and the Secretary of the Senate,

9 including the replacement of items sold under subsections

10 (c-10) and (c-15).

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

12 ARTICLE 99

13 Section 99-997. Severability. The provisions of this Act

14 are severable under Section 1.31 of the Statute on Statutes.

15 Section 99-999. Effective date. This Act takes effect upon

16 becoming law, except that Section 5-27 takes effect upon

17 becoming law or on the date House Bill 4285 of the 102nd

18 General Assembly takes effect, whichever is later and Section

19 5-36 takes effect July 1, 2024.".