HB3342 EnrolledLRB100 08528 SMS 18653 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4
ARTICLE 1. GENERAL PROVISIONS
5 Section 1-1. Short title. This Act may be cited as the
6FY2019 Budget Implementation Act.
7 Section 1-5. Purpose. It is the purpose of this Act to make
8changes in State programs that are necessary to implement the
9State budget.
10
ARTICLE 5. AMENDATORY PROVISIONS
11 Section 5-5. The Election Code is amended by adding Section
121A-55 as follows:
13 (10 ILCS 5/1A-55 new)
14 Sec. 1A-55. Cyber security efforts. The State Board of
15Elections shall provide by rule, after at least 2 public
16hearings of the Board and in consultation with the election
17authorities, a Cyber Navigator Program to support the efforts
18of election authorities to defend against cyber breaches and
19detect and recover from cyber attacks. The rules shall include

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1the Board's plan to allocate any resources received in
2accordance with the Help America Vote Act and provide that no
3less than half of any such funds received shall be allocated to
4the Cyber Navigator Program. The Cyber Navigator Program should
5be designed to provide equal support to all election
6authorities, with allowable modifications based on need. The
7remaining half of the Help America Vote Act funds shall be
8distributed as the State Board of Elections may determine, but
9no grants may be made to election authorities that do not
10participate in the Cyber Navigator Program.
11 Section 5-10. The Balanced Budget Note Act is amended by
12changing Section 5 as follows:
13 (25 ILCS 80/5) (from Ch. 63, par. 42.93-5)
14 Sec. 5. Supplemental Appropriation Bill Defined. For
15purposes of this Act, "supplemental appropriation bill" means
16any appropriation bill that is (a) introduced or amended
17(including any changes to legislation by means of the
18submission of a conference committee report) on or after July 1
19of a fiscal year and (b) proposes (as introduced or as amended
20as the case may be) to authorize, increase, decrease, or
21reallocate any general funds appropriation for that same fiscal
22year. The general funds consist of the General Revenue Fund,
23the Common School Fund, the General Revenue Common School
24Special Account Fund, and the Education Assistance Fund, the

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1Fund for the Advancement of Education, the Commitment to Human
2Services Fund, and the Budget Stabilization Fund.
3(Source: P.A. 87-688.)
4 Section 5-15. The State Finance Act is amended by changing
5Sections 5.857 and 6z-100 as follows:
6 (30 ILCS 105/5.857)
7 (Section scheduled to be repealed on July 1, 2018)
8 Sec. 5.857. The Capital Development Board Revolving Fund.
9This Section is repealed July 1, 2019 2018.
10(Source: P.A. 99-78, eff. 7-20-15; 99-523, eff. 6-30-16;
11100-23, eff. 7-6-17.)
12 (30 ILCS 105/6z-100)
13 (Section scheduled to be repealed on July 1, 2018)
14 Sec. 6z-100. Capital Development Board Revolving Fund;
15payments into and use. All monies received by the Capital
16Development Board for publications or copies issued by the
17Board, and all monies received for contract administration
18fees, charges, or reimbursements owing to the Board shall be
19deposited into a special fund known as the Capital Development
20Board Revolving Fund, which is hereby created in the State
21treasury. The monies in this Fund shall be used by the Capital
22Development Board, as appropriated, for expenditures for
23personal services, retirement, social security, contractual

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1services, legal services, travel, commodities, printing,
2equipment, electronic data processing, or telecommunications.
3Unexpended moneys in the Fund shall not be transferred or
4allocated by the Comptroller or Treasurer to any other fund,
5nor shall the Governor authorize the transfer or allocation of
6those moneys to any other fund. This Section is repealed July
71, 2019 2018.
8(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
9 Section 5-20. The State Finance Act is amended by changing
10Sections 6z-27, 8g-1, and 13.2 as follows:
11 (30 ILCS 105/6z-27)
12 Sec. 6z-27. All moneys in the Audit Expense Fund shall be
13transferred, appropriated and used only for the purposes
14authorized by, and subject to the limitations and conditions
15prescribed by, the State Auditing Act.
16 Within 30 days after the effective date of this amendatory
17Act of the 100th General Assembly, the State Comptroller shall
18order transferred and the State Treasurer shall transfer from
19the following funds moneys in the specified amounts for deposit
20into the Audit Expense Fund:
21Agricultural Premium Fund..............................18,792
22Anna Veterans Home Fund.................................8,050
23Appraisal Administration Fund...........................4,373
24Attorney General Court Ordered and Voluntary Compliance

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1 Payment Projects Fund..............................14,421
2Attorney General Whistleblower Reward and
3 Protection Fund.....................................9,220
4Bank and Trust Company Fund............................93,160
5Budget Stabilization Fund.............................131,491
6Care Provider Fund for Persons with a
7 Developmental Disability............................6,003
8CDLIS/AAMVAnet/NMVTIS Trust Fund........................2,495
9Cemetery Oversight Licensing and Disciplinary Fund......5,583
10Chicago State University Education Improvement Fund.....4,233
11Child Support Administrative Fund.......................2,299
12Commitment to Human Services Fund.....................122,475
13Common School Fund....................................433,663
14Community Association Manager Licensing and
15 Disciplinary Fund.....................................877
16Community Mental Health Medicaid Trust Fund.............9,897
17Credit Union Fund......................................22,441
18Cycle Rider Safety Training Fund........................1,084
19DCFS Children's Services Fund.........................241,473
20Department of Business Services Special
21 Operations Fund.....................................5,493
22Department of Corrections Reimbursement
23 and Education Fund.................................18,389
24Department of Human Services Community Services Fund....5,399
25Design Professionals Administration and
26 Investigation Fund..................................5,378

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1The Downstate Public Transportation Fund...............32,074
2Downstate Transit Improvement Fund......................1,251
3Dram Shop Fund............................................514
4Driver Services Administration Fund.......................897
5Drivers Education Fund..................................1,417
6Drug Rebate Fund.......................................21,941
7Drug Treatment Fund.......................................527
8The Education Assistance Fund.......................1,230,281
9Electronic Health Record Incentive Fund...................657
10Energy Efficiency Portfolio Standards Fund............126,046
11Facilities Management Revolving Fund...................15,360
12Fair and Exposition Fund..................................911
13Federal High Speed Rail Trust Fund.....................59,579
14Federal Workforce Training Fund.......................152,617
15Feed Control Fund.......................................1,584
16Fertilizer Control Fund.................................1,369
17The Fire Prevention Fund................................3,183
18Fund for the Advancement of Education.................130,528
19General Professions Dedicated Fund.....................19,678
20The General Revenue Fund...........................17,653,153
21Grade Crossing Protection Fund..........................2,379
22Health and Human Services Medicaid Trust Fund...........3,852
23Healthcare Provider Relief Fund........................71,263
24Horse Racing Fund.....................................215,160
25Hospital Provider Fund.................................44,230
26Illinois Affordable Housing Trust Fund..................5,478

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1Illinois Capital Revolving Loan Fund....................1,067
2Illinois Charity Bureau Fund............................2,236
3Illinois Gaming Law Enforcement Fund....................1,395
4Illinois State Dental Disciplinary Fund.................5,128
5Illinois State Fair Fund................................7,297
6Illinois State Medical Disciplinary Fund...............21,473
7Illinois State Pharmacy Disciplinary Fund...............8,839
8Illinois Veterans Assistance Fund.......................3,863
9Illinois Veterans' Rehabilitation Fund....................634
10Illinois Workers' Compensation Commission
11 Operations Fund.....................................4,758
12IMSA Income Fund........................................6,823
13Income Tax Refund Fund................................176,034
14Insurance Financial Regulation Fund...................110,878
15Insurance Premium Tax Refund Fund......................16,534
16Insurance Producer Administration Fund................107,833
17Intermodal Facilities Promotion Fund....................1,011
18International Tourism Fund..............................6,566
19LaSalle Veterans Home Fund.............................36,259
20LEADS Maintenance Fund..................................1,050
21Live and Learn Fund....................................10,805
22Lobbyist Registration Administration Fund.................521
23The Local Government Distributive Fund................113,119
24Local Tourism Fund.....................................19,098
25Long-Term Care Provider Fund............................6,761
26Manteno Veterans Home Fund.............................68,288

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1Medical Interagency Program Fund..........................602
2Mental Health Fund......................................3,358
3Money Laundering Asset Recovery Fund....................1,115
4Monitoring Device Driving Permit
5 Administration Fee Fund...............................797
6Motor Carrier Safety Inspection Fund....................1,289
7The Motor Fuel Tax Fund...............................101,821
8Motor Vehicle License Plate Fund........................5,094
9Nursing Dedicated and Professional Fund................10,673
10Optometric Licensing and Disciplinary Board Fund........1,608
11Partners for Conservation Fund..........................8,973
12The Personal Property Tax Replacement Fund............119,343
13Pesticide Control Fund..................................5,826
14Professional Services Fund..............................1,569
15Professions Indirect Cost Fund........................176,535
16Public Pension Regulation Fund..........................9,236
17The Public Transportation Fund.........................91,397
18Quincy Veterans Home Fund..............................64,594
19Real Estate License Administration Fund................34,822
20Regional Transportation Authority Occupation and
21 Use Tax Replacement Fund............................3,486
22Registered Certified Public Accountants' Administration
23 and Disciplinary Fund..............................3,423
24Rental Housing Support Program Fund.....................2,388
25Residential Finance Regulatory Fund....................17,742
26The Road Fund.........................................662,332

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1Roadside Memorial Fund..................................1,170
2Savings Bank Regulatory Fund............................2,270
3School Infrastructure Fund.............................14,441
4Secretary of State DUI Administration Fund..............1,107
5Secretary of State Identification Security and Theft
6 Prevention Fund.....................................6,154
7Secretary of State Special License Plate Fund...........2,210
8Secretary of State Special Services Fund...............10,306
9Securities Audit and Enforcement Fund...................3,972
10Special Education Medicaid Matching Fund................2,346
11State and Local Sales Tax Reform Fund...................6,592
12State Asset Forfeiture Fund.............................1,239
13State Construction Account Fund.......................106,236
14State Crime Laboratory Fund.............................4,020
15State Gaming Fund.....................................200,367
16The State Garage Revolving Fund.........................5,521
17The State Lottery Fund................................215,561
18State Offender DNA Identification System Fund...........1,270
19State Pensions Fund...................................500,000
20State Police DUI Fund...................................1,050
21State Police Firearm Services Fund......................4,116
22State Police Services Fund.............................11,485
23State Police Vehicle Fund...............................6,004
24State Police Whistleblower Reward
25 and Protection Fund.................................3,519
26Supplemental Low-Income Energy Assistance Fund.........74,279

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1Tax Compliance and Administration Fund..................1,479
2Technology Management Revolving Fund..................204,090
3Tobacco Settlement Recovery Fund........................1,855
4Tourism Promotion Fund.................................40,541
5University of Illinois Hospital Services Fund...........1,924
6The Vehicle Inspection Fund.............................1,469
7Violent Crime Victims Assistance Fund..................13,911
8Weights and Measures Fund...............................5,660
9The Working Capital Revolving Fund.....................18,184
10Agricultural Premium Fund.............................182,124
11Assisted Living and Shared Housing Regulatory Fund......1,631
12Capital Development Board Revolving Fund................8,023
13Care Provider Fund for Persons with a
14 Developmental Disability...........................17,737
15Carolyn Adams Ticket for the Cure Grant Fund............1,080
16CDLIS/AAMVAnet/NMVTIS Trust Fund........................2,234
17Chicago State University Education Improvement Fund.....5,437
18Child Support Administrative Fund.......................5,110
19Common School Fund....................................312,638
20Communications Revolving Fund..........................40,492
21Community Mental Health Medicaid Trust Fund............30,952
22Death Certificate Surcharge Fund........................2,243
23Death Penalty Abolition Fund............................8,367
24Department of Business Services Special Operations Fund.11,982
25Department of Human Services Community Services Fund....4,340
26Downstate Public Transportation Fund....................6,600

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1Driver Services Administration Fund.....................2,644
2Drivers Education Fund....................................517
3Drug Rebate Fund.......................................17,541
4Drug Treatment Fund.....................................2,133
5Drunk & Drugged Driving Prevention Fund...................874
6Education Assistance Fund.............................894,514
7Electronic Health Record Incentive Fund.................1,155
8Emergency Public Health Fund............................9,025
9EMS Assistance Fund.....................................3,705
10Estate Tax Refund Fund..................................2,088
11Facilities Management Revolving Fund...................92,392
12Facility Licensing Fund.................................3,189
13Fair & Exposition Fund.................................13,059
14Federal High Speed Rail Trust Fund......................9,168
15Feed Control Fund......................................14,955
16Fertilizer Control Fund.................................9,404
17Fire Prevention Fund....................................4,146
18Food and Drug Safety Fund...............................1,101
19Fund for the Advancement of Education..................12,463
20General Revenue Fund...............................17,653,153
21Grade Crossing Protection Fund............................965
22Hazardous Waste Research Fund.............................543
23Health Facility Plan Review Fund........................3,704
24Health and Human Services Medicaid Trust Fund..........16,996
25Healthcare Provider Relief Fund.......................147,619
26Home Care Services Agency Licensure Fund................3,285

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1Hospital Provider Fund.................................76,973
2ICJIA Violence Prevention Fund..........................8,062
3Illinois Affordable Housing Trust Fund..................6,878
4Illinois Department of Agriculture Laboratory
5 Services Revolving Fund.............7,887
6Illinois Health Facilities Planning Fund................4,816
7IMSA Income Fund........................................6,876
8Illinois School Asbestos Abatement Fund.................2,058
9Illinois Standardbred Breeders Fund.....................1,381
10Illinois State Fair Fund...............................94,229
11Illinois Thoroughbred Breeders Fund.....................3,974
12Illinois Veterans' Rehabilitation Fund..................1,308
13Illinois Workers Compensation
14 Commission Operations Fund........................183,518
15Income Tax Refund Fund.................................36,095
16Lead Poisoning Screening, Prevention,
17 and Abatement Fund..................................3,311
18Live and Learn Fund....................................22,956
19Livestock Management Facilities Fund......................683
20Lobbyist Registration Administration Fund...............1,057
21Local Government Distributive Fund.....................26,025
22Long Term Care
23 Monitor/Receiver Fund..............................63,014
24Long Term Care Provider Fund...........................15,082
25Mandatory Arbitration Fund..............................2,484
26Medical Interagency Program Fund........................1,343

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1Mental Health Fund......................................9,176
2Metabolic Screening and Treatment Fund.................41,241
3Monitoring Device Driving Permit
4 Administration Fee Fund.............................1,403
5Motor Fuel Tax Fund....................................23,607
6Motor Vehicle License Plate Fund.......................15,200
7Motor Vehicle Theft
8 Prevention Trust Fund...............................4,803
9Multiple Sclerosis Research Fund........................5,380
10Nursing Dedicated and Professional Fund.................1,613
11Partners for Conservation Fund..........................8,620
12Personal Property Tax Replacement Fund.................23,828
13Pesticide Control Fund.................................83,517
14Pet Population Control Fund...............................526
15Plumbing Licensure and Program Fund.....................5,148
16Professional Services Fund..............................6,487
17Public Health Laboratory
18 Services Revolving Fund............................11,242
19Public Transportation Fund.............................16,112
20Road Fund.............................................746,799
21Regional Transportation Authority Occupation
22 and Use Tax Replacement Fund...............563
23School Infrastructure Fund.............................17,532
24Secretary of State DUI Administration Fund..............2,336
25Secretary of State Identification Security
26 and Theft Prevention Fund..........................11,609

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1Secretary of State Special License Plate Fund ..........4,561
2Secretary of State Special Services Fund...............24,693
3Securities Audit and Enforcement Fund...................9,137
4Special Education Medicaid Matching Fund................5,019
5State and Local Sales Tax Reform Fund...................1,380
6State Construction Account Fund........................27,323
7State Gaming Fund......................................79,018
8State Garage Revolving Fund............................15,516
9State Lottery Fund....................................348,448
10State Pensions Fund...................................500,000
11State Surplus Property Revolving Fund...................2,025
12State Treasurer's Bank Services Trust Fund................551
13Statistical Services Revolving Fund....................63,131
14Supreme Court Historic Preservation Fund...............33,226
15Tattoo and Body Piercing
16 Establishment Registration Fund.......................812
17Tobacco Settlement Recovery Fund.......................23,084
18Trauma Center Fund.....................................12,572
19University of Illinois Hospital Services Fund...........4,260
20Vehicle Inspection Fund.................................3,266
21Weights and Measures Fund..............................72,488
22 Notwithstanding any provision of the law to the contrary,
23the General Assembly hereby authorizes the use of such funds
24for the purposes set forth in this Section.
25 These provisions do not apply to funds classified by the
26Comptroller as federal trust funds or State trust funds. The

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

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1State Auditing Act during the next succeeding fiscal year for
2each State fund for which a transfer or reimbursement is
3anticipated.
4 Beginning with fiscal year 1994 and during each fiscal year
5thereafter, the Auditor General may direct the State
6Comptroller and Treasurer to transfer moneys from funds
7authorized by the General Assembly for that fund. In the event
8funds, including federal and State trust funds but excluding
9the General Revenue Fund, are transferred, during fiscal year
101994 and during each fiscal year thereafter, in excess of the
11amount to pay actual costs attributable to audits, studies, and
12investigations as permitted or required by the Illinois State
13Auditing Act or specific action of the General Assembly, the
14Auditor General shall, on September 30, or as soon thereafter
15as is practicable, direct the State Comptroller and Treasurer
16to transfer the excess amount back to the fund from which it
17was originally transferred.
18(Source: P.A. 99-38, eff. 7-14-15; 99-523, eff. 6-30-16;
19100-23, eff. 7-6-17.)
20 (30 ILCS 105/8g-1)
21 Sec. 8g-1. Fund transfers.
22 (a) (Blank). In addition to any other transfers that may be
23provided for by law, on and after July 1, 2012 and until May 1,
242013, at the direction of and upon notification from the
25Governor, the State Comptroller shall direct and the State

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1Treasurer shall transfer amounts not exceeding a total of
2$80,000,000 from the General Revenue Fund to the Tobacco
3Settlement Recovery Fund. Any amounts so transferred shall be
4retransferred by the State Comptroller and the State Treasurer
5from the Tobacco Settlement Recovery Fund to the General
6Revenue Fund at the direction of and upon notification from the
7Governor, but in any event on or before June 30, 2013.
8 (b) (Blank). In addition to any other transfers that may be
9provided for by law, on and after July 1, 2013 and until May 1,
102014, at the direction of and upon notification from the
11Governor, the State Comptroller shall direct and the State
12Treasurer shall transfer amounts not exceeding a total of
13$80,000,000 from the General Revenue Fund to the Tobacco
14Settlement Recovery Fund. Any amounts so transferred shall be
15retransferred by the State Comptroller and the State Treasurer
16from the Tobacco Settlement Recovery Fund to the General
17Revenue Fund at the direction of and upon notification from the
18Governor, but in any event on or before June 30, 2014.
19 (c) (Blank). In addition to any other transfers that may be
20provided for by law, on July 1, 2013, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $1,400,000 from the General
23Revenue Fund to the ICJIA Violence Prevention Fund.
24 (d) (Blank). In addition to any other transfers that may be
25provided for by law, on July 1, 2013, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

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1Treasurer shall transfer the sum of $1,500,000 from the General
2Revenue Fund to the Illinois Veterans Assistance Fund.
3 (e) (Blank). In addition to any other transfers that may be
4provided for by law, on July 1, 2013, or as soon thereafter as
5practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $500,000 from the General
7Revenue Fund to the Senior Citizens Real Estate Deferred Tax
8Revolving Fund.
9 (f) (Blank). In addition to any other transfers that may be
10provided for by law, on July 1, 2013, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $4,000,000 from the General
13Revenue Fund to the Digital Divide Elimination Fund.
14 (g) (Blank). In addition to any other transfers that may be
15provided for by law, on July 1, 2013, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $5,000,000 from the General
18Revenue Fund to the Communications Revolving Fund.
19 (h) (Blank). In addition to any other transfers that may be
20provided for by law, on July 1, 2013, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $9,800,000 from the General
23Revenue Fund to the Presidential Library and Museum Operating
24Fund.
25 (i) (Blank). In addition to any other transfers that may be
26provided for by law, on and after July 1, 2014 and until May 1,

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12015, at the direction of and upon notification from the
2Governor, the State Comptroller shall direct and the State
3Treasurer shall transfer amounts not exceeding a total of
4$80,000,000 from the General Revenue Fund to the Tobacco
5Settlement Recovery Fund. Any amounts so transferred shall be
6retransferred by the State Comptroller and the State Treasurer
7from the Tobacco Settlement Recovery Fund to the General
8Revenue Fund at the direction of and upon notification from the
9Governor, but in any event on or before June 30, 2015.
10 (j) (Blank). In addition to any other transfers that may be
11provided for by law, on July 1, 2014, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $10,000,000 from the
14General Revenue Fund to the Presidential Library and Museum
15Operating Fund.
16 (k) In addition to any other transfers that may be provided
17for by law, on July 1, 2017, or as soon thereafter as
18practical, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $500,000 from the General
20Revenue Fund to the Grant Accountability and Transparency Fund.
21 (l) In addition to any other transfers that may be provided
22for by law, on July 1, 2018, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $800,000 from the General
25Revenue Fund to the Grant Accountability and Transparency Fund.
26 (m) In addition to any other transfers that may be provided

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1for by law, on July 1, 2018, or as soon thereafter as
2practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $650,000 from the Capital
4Development Board Contributory Trust Fund to the Facility
5Management Revolving Fund.
6 (m) In addition to any other transfers that may be provided
7for by law, on July 1, 2018, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $2,750,000 from the Capital
10Development Board Contributory Trust Fund to the U.S.
11Environmental Protection Fund.
12(Source: P.A. 100-23, eff. 7-6-17.)
13 (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
14 Sec. 13.2. Transfers among line item appropriations.
15 (a) Transfers among line item appropriations from the same
16treasury fund for the objects specified in this Section may be
17made in the manner provided in this Section when the balance
18remaining in one or more such line item appropriations is
19insufficient for the purpose for which the appropriation was
20made.
21 (a-1) No transfers may be made from one agency to another
22agency, nor may transfers be made from one institution of
23higher education to another institution of higher education
24except as provided by subsection (a-4).
25 (a-2) Except as otherwise provided in this Section,

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1transfers may be made only among the objects of expenditure
2enumerated in this Section, except that no funds may be
3transferred from any appropriation for personal services, from
4any appropriation for State contributions to the State
5Employees' Retirement System, from any separate appropriation
6for employee retirement contributions paid by the employer, nor
7from any appropriation for State contribution for employee
8group insurance. During State fiscal year 2005, an agency may
9transfer amounts among its appropriations within the same
10treasury fund for personal services, employee retirement
11contributions paid by employer, and State Contributions to
12retirement systems; notwithstanding and in addition to the
13transfers authorized in subsection (c) of this Section, the
14fiscal year 2005 transfers authorized in this sentence may be
15made in an amount not to exceed 2% of the aggregate amount
16appropriated to an agency within the same treasury fund. During
17State fiscal year 2007, the Departments of Children and Family
18Services, Corrections, Human Services, and Juvenile Justice
19may transfer amounts among their respective appropriations
20within the same treasury fund for personal services, employee
21retirement contributions paid by employer, and State
22contributions to retirement systems. During State fiscal year
232010, the Department of Transportation may transfer amounts
24among their respective appropriations within the same treasury
25fund for personal services, employee retirement contributions
26paid by employer, and State contributions to retirement

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1systems. During State fiscal years 2010 and 2014 only, an
2agency may transfer amounts among its respective
3appropriations within the same treasury fund for personal
4services, employee retirement contributions paid by employer,
5and State contributions to retirement systems.
6Notwithstanding, and in addition to, the transfers authorized
7in subsection (c) of this Section, these transfers may be made
8in an amount not to exceed 2% of the aggregate amount
9appropriated to an agency within the same treasury fund.
10 (a-2.5) During State fiscal year 2015 only, the State's
11Attorneys Appellate Prosecutor may transfer amounts among its
12respective appropriations contained in operational line items
13within the same treasury fund. Notwithstanding, and in addition
14to, the transfers authorized in subsection (c) of this Section,
15these transfers may be made in an amount not to exceed 4% of
16the aggregate amount appropriated to the State's Attorneys
17Appellate Prosecutor within the same treasury fund.
18 (a-3) Further, if an agency receives a separate
19appropriation for employee retirement contributions paid by
20the employer, any transfer by that agency into an appropriation
21for personal services must be accompanied by a corresponding
22transfer into the appropriation for employee retirement
23contributions paid by the employer, in an amount sufficient to
24meet the employer share of the employee contributions required
25to be remitted to the retirement system.
26 (a-4) Long-Term Care Rebalancing. The Governor may

HB3342 Enrolled- 23 -LRB100 08528 SMS 18653 b
1designate amounts set aside for institutional services
2appropriated from the General Revenue Fund or any other State
3fund that receives monies for long-term care services to be
4transferred to all State agencies responsible for the
5administration of community-based long-term care programs,
6including, but not limited to, community-based long-term care
7programs administered by the Department of Healthcare and
8Family Services, the Department of Human Services, and the
9Department on Aging, provided that the Director of Healthcare
10and Family Services first certifies that the amounts being
11transferred are necessary for the purpose of assisting persons
12in or at risk of being in institutional care to transition to
13community-based settings, including the financial data needed
14to prove the need for the transfer of funds. The total amounts
15transferred shall not exceed 4% in total of the amounts
16appropriated from the General Revenue Fund or any other State
17fund that receives monies for long-term care services for each
18fiscal year. A notice of the fund transfer must be made to the
19General Assembly and posted at a minimum on the Department of
20Healthcare and Family Services website, the Governor's Office
21of Management and Budget website, and any other website the
22Governor sees fit. These postings shall serve as notice to the
23General Assembly of the amounts to be transferred. Notice shall
24be given at least 30 days prior to transfer.
25 (b) In addition to the general transfer authority provided
26under subsection (c), the following agencies have the specific

HB3342 Enrolled- 24 -LRB100 08528 SMS 18653 b
1transfer authority granted in this subsection:
2 The Department of Healthcare and Family Services is
3authorized to make transfers representing savings attributable
4to not increasing grants due to the births of additional
5children from line items for payments of cash grants to line
6items for payments for employment and social services for the
7purposes outlined in subsection (f) of Section 4-2 of the
8Illinois Public Aid Code.
9 The Department of Children and Family Services is
10authorized to make transfers not exceeding 2% of the aggregate
11amount appropriated to it within the same treasury fund for the
12following line items among these same line items: Foster Home
13and Specialized Foster Care and Prevention, Institutions and
14Group Homes and Prevention, and Purchase of Adoption and
15Guardianship Services.
16 The Department on Aging is authorized to make transfers not
17exceeding 2% of the aggregate amount appropriated to it within
18the same treasury fund for the following Community Care Program
19line items among these same line items: purchase of services
20covered by the Community Care Program and Comprehensive Case
21Coordination.
22 The State Treasurer is authorized to make transfers among
23line item appropriations from the Capital Litigation Trust
24Fund, with respect to costs incurred in fiscal years 2002 and
252003 only, when the balance remaining in one or more such line
26item appropriations is insufficient for the purpose for which

HB3342 Enrolled- 25 -LRB100 08528 SMS 18653 b
1the appropriation was made, provided that no such transfer may
2be made unless the amount transferred is no longer required for
3the purpose for which that appropriation was made.
4 The State Board of Education is authorized to make
5transfers from line item appropriations within the same
6treasury fund for General State Aid, General State Aid - Hold
7Harmless, and Evidence-Based Funding, provided that no such
8transfer may be made unless the amount transferred is no longer
9required for the purpose for which that appropriation was made,
10to the line item appropriation for Transitional Assistance when
11the balance remaining in such line item appropriation is
12insufficient for the purpose for which the appropriation was
13made.
14 The State Board of Education is authorized to make
15transfers between the following line item appropriations
16within the same treasury fund: Disabled Student
17Services/Materials (Section 14-13.01 of the School Code),
18Disabled Student Transportation Reimbursement (Section
1914-13.01 of the School Code), Disabled Student Tuition -
20Private Tuition (Section 14-7.02 of the School Code),
21Extraordinary Special Education (Section 14-7.02b of the
22School Code), Reimbursement for Free Lunch/Breakfast Program,
23Summer School Payments (Section 18-4.3 of the School Code), and
24Transportation - Regular/Vocational Reimbursement (Section
2529-5 of the School Code). Such transfers shall be made only
26when the balance remaining in one or more such line item

HB3342 Enrolled- 26 -LRB100 08528 SMS 18653 b
1appropriations is insufficient for the purpose for which the
2appropriation was made and provided that no such transfer may
3be made unless the amount transferred is no longer required for
4the purpose for which that appropriation was made.
5 The Department of Healthcare and Family Services is
6authorized to make transfers not exceeding 4% of the aggregate
7amount appropriated to it, within the same treasury fund, among
8the various line items appropriated for Medical Assistance.
9 (c) The sum of such transfers for an agency in a fiscal
10year shall not exceed 2% of the aggregate amount appropriated
11to it within the same treasury fund for the following objects:
12Personal Services; Extra Help; Student and Inmate
13Compensation; State Contributions to Retirement Systems; State
14Contributions to Social Security; State Contribution for
15Employee Group Insurance; Contractual Services; Travel;
16Commodities; Printing; Equipment; Electronic Data Processing;
17Operation of Automotive Equipment; Telecommunications
18Services; Travel and Allowance for Committed, Paroled and
19Discharged Prisoners; Library Books; Federal Matching Grants
20for Student Loans; Refunds; Workers' Compensation,
21Occupational Disease, and Tort Claims; and, in appropriations
22to institutions of higher education, Awards and Grants.
23Notwithstanding the above, any amounts appropriated for
24payment of workers' compensation claims to an agency to which
25the authority to evaluate, administer and pay such claims has
26been delegated by the Department of Central Management Services

HB3342 Enrolled- 27 -LRB100 08528 SMS 18653 b
1may be transferred to any other expenditure object where such
2amounts exceed the amount necessary for the payment of such
3claims.
4 (c-1) Special provisions for State fiscal year 2003.
5Notwithstanding any other provision of this Section to the
6contrary, for State fiscal year 2003 only, transfers among line
7item appropriations to an agency from the same treasury fund
8may be made provided that the sum of such transfers for an
9agency in State fiscal year 2003 shall not exceed 3% of the
10aggregate amount appropriated to that State agency for State
11fiscal year 2003 for the following objects: personal services,
12except that no transfer may be approved which reduces the
13aggregate appropriations for personal services within an
14agency; extra help; student and inmate compensation; State
15contributions to retirement systems; State contributions to
16social security; State contributions for employee group
17insurance; contractual services; travel; commodities;
18printing; equipment; electronic data processing; operation of
19automotive equipment; telecommunications services; travel and
20allowance for committed, paroled, and discharged prisoners;
21library books; federal matching grants for student loans;
22refunds; workers' compensation, occupational disease, and tort
23claims; and, in appropriations to institutions of higher
24education, awards and grants.
25 (c-2) Special provisions for State fiscal year 2005.
26Notwithstanding subsections (a), (a-2), and (c), for State

HB3342 Enrolled- 28 -LRB100 08528 SMS 18653 b
1fiscal year 2005 only, transfers may be made among any line
2item appropriations from the same or any other treasury fund
3for any objects or purposes, without limitation, when the
4balance remaining in one or more such line item appropriations
5is insufficient for the purpose for which the appropriation was
6made, provided that the sum of those transfers by a State
7agency shall not exceed 4% of the aggregate amount appropriated
8to that State agency for fiscal year 2005.
9 (c-3) Special provisions for State fiscal year 2015.
10Notwithstanding any other provision of this Section, for State
11fiscal year 2015, transfers among line item appropriations to a
12State agency from the same State treasury fund may be made for
13operational or lump sum expenses only, provided that the sum of
14such transfers for a State agency in State fiscal year 2015
15shall not exceed 4% of the aggregate amount appropriated to
16that State agency for operational or lump sum expenses for
17State fiscal year 2015. For the purpose of this subsection,
18"operational or lump sum expenses" includes the following
19objects: personal services; extra help; student and inmate
20compensation; State contributions to retirement systems; State
21contributions to social security; State contributions for
22employee group insurance; contractual services; travel;
23commodities; printing; equipment; electronic data processing;
24operation of automotive equipment; telecommunications
25services; travel and allowance for committed, paroled, and
26discharged prisoners; library books; federal matching grants

HB3342 Enrolled- 29 -LRB100 08528 SMS 18653 b
1for student loans; refunds; workers' compensation,
2occupational disease, and tort claims; lump sum and other
3purposes; and lump sum operations. For the purpose of this
4subsection (c-3), "State agency" does not include the Attorney
5General, the Secretary of State, the Comptroller, the
6Treasurer, or the legislative or judicial branches.
7 (c-4) Special provisions for State fiscal year 2018.
8Notwithstanding any other provision of this Section, for State
9fiscal year 2018, transfers among line item appropriations to a
10State agency from the same State treasury fund may be made for
11operational or lump sum expenses only, provided that the sum of
12such transfers for a State agency in State fiscal year 2018
13shall not exceed 4% of the aggregate amount appropriated to
14that State agency for operational or lump sum expenses for
15State fiscal year 2018. For the purpose of this subsection
16(c-4), "operational or lump sum expenses" includes the
17following objects: personal services; extra help; student and
18inmate compensation; State contributions to retirement
19systems; State contributions to social security; State
20contributions for employee group insurance; contractual
21services; travel; commodities; printing; equipment; electronic
22data processing; operation of automotive equipment;
23telecommunications services; travel and allowance for
24committed, paroled, and discharged prisoners; library books;
25federal matching grants for student loans; refunds; workers'
26compensation, occupational disease, and tort claims; lump sum

HB3342 Enrolled- 30 -LRB100 08528 SMS 18653 b
1and other purposes; and lump sum operations. For the purpose of
2this subsection (c-4), "State agency" does not include the
3Attorney General, the Secretary of State, the Comptroller, the
4Treasurer, or the legislative or judicial branches.
5 (c-5) Special provisions for State fiscal year 2019.
6Notwithstanding any other provision of this Section, for State
7fiscal year 2019, transfers among line item appropriations to a
8State agency from the same State treasury fund may be made for
9operational or lump sum expenses only, provided that the sum of
10such transfers for a State agency in State fiscal year 2019
11shall not exceed 4% of the aggregate amount appropriated to
12that State agency for operational or lump sum expenses for
13State fiscal year 2019. For the purpose of this subsection
14(c-5), "operational or lump sum expenses" includes the
15following objects: personal services; extra help; student and
16inmate compensation; State contributions to retirement
17systems; State contributions to social security; State
18contributions for employee group insurance; contractual
19services; travel; commodities; printing; equipment; electronic
20data processing; operation of automotive equipment;
21telecommunications services; travel and allowance for
22committed, paroled, and discharged prisoners; library books;
23federal matching grants for student loans; refunds; workers'
24compensation, occupational disease, and tort claims; lump sum
25and other purposes; and lump sum operations. For the purpose of
26this subsection (c-5), "State agency" does not include the

HB3342 Enrolled- 31 -LRB100 08528 SMS 18653 b
1Attorney General, the Secretary of State, the Comptroller, the
2Treasurer, or the legislative or judicial branches.
3 (d) Transfers among appropriations made to agencies of the
4Legislative and Judicial departments and to the
5constitutionally elected officers in the Executive branch
6require the approval of the officer authorized in Section 10 of
7this Act to approve and certify vouchers. Transfers among
8appropriations made to the University of Illinois, Southern
9Illinois University, Chicago State University, Eastern
10Illinois University, Governors State University, Illinois
11State University, Northeastern Illinois University, Northern
12Illinois University, Western Illinois University, the Illinois
13Mathematics and Science Academy and the Board of Higher
14Education require the approval of the Board of Higher Education
15and the Governor. Transfers among appropriations to all other
16agencies require the approval of the Governor.
17 The officer responsible for approval shall certify that the
18transfer is necessary to carry out the programs and purposes
19for which the appropriations were made by the General Assembly
20and shall transmit to the State Comptroller a certified copy of
21the approval which shall set forth the specific amounts
22transferred so that the Comptroller may change his records
23accordingly. The Comptroller shall furnish the Governor with
24information copies of all transfers approved for agencies of
25the Legislative and Judicial departments and transfers
26approved by the constitutionally elected officials of the

HB3342 Enrolled- 32 -LRB100 08528 SMS 18653 b
1Executive branch other than the Governor, showing the amounts
2transferred and indicating the dates such changes were entered
3on the Comptroller's records.
4 (e) The State Board of Education, in consultation with the
5State Comptroller, may transfer line item appropriations for
6General State Aid or Evidence-Based Funding between the Common
7School Fund and the Education Assistance Fund. With the advice
8and consent of the Governor's Office of Management and Budget,
9the State Board of Education, in consultation with the State
10Comptroller, may transfer line item appropriations between the
11General Revenue Fund and the Education Assistance Fund for the
12following programs:
13 (1) Disabled Student Personnel Reimbursement (Section
14 14-13.01 of the School Code);
15 (2) Disabled Student Transportation Reimbursement
16 (subsection (b) of Section 14-13.01 of the School Code);
17 (3) Disabled Student Tuition - Private Tuition
18 (Section 14-7.02 of the School Code);
19 (4) Extraordinary Special Education (Section 14-7.02b
20 of the School Code);
21 (5) Reimbursement for Free Lunch/Breakfast Programs;
22 (6) Summer School Payments (Section 18-4.3 of the
23 School Code);
24 (7) Transportation - Regular/Vocational Reimbursement
25 (Section 29-5 of the School Code);
26 (8) Regular Education Reimbursement (Section 18-3 of

HB3342 Enrolled- 33 -LRB100 08528 SMS 18653 b
1 the School Code); and
2 (9) Special Education Reimbursement (Section 14-7.03
3 of the School Code).
4(Source: P.A. 99-2, eff. 3-26-15; 100-23, eff. 7-6-17; 100-465,
5eff. 8-31-17; revised 10-4-17.)
6 Section 5-25. The State Revenue Sharing Act is amended by
7changing Section 12 and by adding Section 11.2 as follows:
8 (30 ILCS 115/11.2 new)
9 Sec. 11.2. Funding of certain school districts; fiscal year
102019.
11 (a) On July 1, 2018, or as soon as practical thereafter,
12the State Board of Education shall identify to the Department
13of Revenue school districts having Personal Property Tax
14Replacement Fund receipts totaling 13% or more of their total
15revenues in fiscal year 2017.
16 (b) In fiscal year 2019, any school district identified
17under subsection (a) shall receive, in addition to its annual
18distributions from the Personal Property Tax Replacement Fund,
1916% of the total amount distributed to the school district from
20the Personal Property Tax Replacement Fund during fiscal year
212017, provided that the total amount of additional
22distributions under this Section shall not exceed $4,300,000.
23 If the total additional distributions exceed $4,300,000,
24such distributions shall be calculated on a pro rata basis,

HB3342 Enrolled- 34 -LRB100 08528 SMS 18653 b
1based on the percentage of each district's total fiscal year
22017 revenues to the total fiscal year 2017 revenues of all
3districts qualifying for an additional distribution under this
4Section.
5 (30 ILCS 115/12) (from Ch. 85, par. 616)
6 Sec. 12. Personal Property Tax Replacement Fund. There is
7hereby created the Personal Property Tax Replacement Fund, a
8special fund in the State Treasury into which shall be paid all
9revenue realized:
10 (a) all amounts realized from the additional personal
11property tax replacement income tax imposed by subsections (c)
12and (d) of Section 201 of the Illinois Income Tax Act, except
13for those amounts deposited into the Income Tax Refund Fund
14pursuant to subsection (c) of Section 901 of the Illinois
15Income Tax Act; and
16 (b) all amounts realized from the additional personal
17property replacement invested capital taxes imposed by Section
182a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue
19Tax Act, Section 2a.1 of the Public Utilities Revenue Act, and
20Section 3 of the Water Company Invested Capital Tax Act, and
21amounts payable to the Department of Revenue under the
22Telecommunications Infrastructure Maintenance Fee Act.
23 As soon as may be after the end of each month, the
24Department of Revenue shall certify to the Treasurer and the
25Comptroller the amount of all refunds paid out of the General

HB3342 Enrolled- 35 -LRB100 08528 SMS 18653 b
1Revenue Fund through the preceding month on account of
2overpayment of liability on taxes paid into the Personal
3Property Tax Replacement Fund. Upon receipt of such
4certification, the Treasurer and the Comptroller shall
5transfer the amount so certified from the Personal Property Tax
6Replacement Fund into the General Revenue Fund.
7 The payments of revenue into the Personal Property Tax
8Replacement Fund shall be used exclusively for distribution to
9taxing districts, regional offices and officials, and local
10officials as provided in this Section and in the School Code,
11payment of the ordinary and contingent expenses of the Property
12Tax Appeal Board, payment of the expenses of the Department of
13Revenue incurred in administering the collection and
14distribution of monies paid into the Personal Property Tax
15Replacement Fund and transfers due to refunds to taxpayers for
16overpayment of liability for taxes paid into the Personal
17Property Tax Replacement Fund.
18 In addition, moneys in the Personal Property Tax
19Replacement Fund may be used to pay any of the following: (i)
20salary, stipends, and additional compensation as provided by
21law for chief election clerks, county clerks, and county
22recorders; (ii) costs associated with regional offices of
23education and educational service centers; (iii)
24reimbursements payable by the State Board of Elections under
25Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
26Election Code; (iv) expenses of the Illinois Educational Labor

HB3342 Enrolled- 36 -LRB100 08528 SMS 18653 b
1Relations Board; and (v) salary, personal services, and
2additional compensation as provided by law for court reporters
3under the Court Reporters Act.
4 As soon as may be after the effective date of this
5amendatory Act of 1980, the Department of Revenue shall certify
6to the Treasurer the amount of net replacement revenue paid
7into the General Revenue Fund prior to that effective date from
8the additional tax imposed by Section 2a.1 of the Messages Tax
9Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of
10the Public Utilities Revenue Act; Section 3 of the Water
11Company Invested Capital Tax Act; amounts collected by the
12Department of Revenue under the Telecommunications
13Infrastructure Maintenance Fee Act; and the additional
14personal property tax replacement income tax imposed by the
15Illinois Income Tax Act, as amended by Public Act 81-1st
16Special Session-1. Net replacement revenue shall be defined as
17the total amount paid into and remaining in the General Revenue
18Fund as a result of those Acts minus the amount outstanding and
19obligated from the General Revenue Fund in state vouchers or
20warrants prior to the effective date of this amendatory Act of
211980 as refunds to taxpayers for overpayment of liability under
22those Acts.
23 All interest earned by monies accumulated in the Personal
24Property Tax Replacement Fund shall be deposited in such Fund.
25All amounts allocated pursuant to this Section are appropriated
26on a continuing basis.

HB3342 Enrolled- 37 -LRB100 08528 SMS 18653 b
1 Prior to December 31, 1980, as soon as may be after the end
2of each quarter beginning with the quarter ending December 31,
31979, and on and after December 31, 1980, as soon as may be
4after January 1, March 1, April 1, May 1, July 1, August 1,
5October 1 and December 1 of each year, the Department of
6Revenue shall allocate to each taxing district as defined in
7Section 1-150 of the Property Tax Code, in accordance with the
8provisions of paragraph (2) of this Section the portion of the
9funds held in the Personal Property Tax Replacement Fund which
10is required to be distributed, as provided in paragraph (1),
11for each quarter. Provided, however, under no circumstances
12shall any taxing district during each of the first two years of
13distribution of the taxes imposed by this amendatory Act of
141979 be entitled to an annual allocation which is less than the
15funds such taxing district collected from the 1978 personal
16property tax. Provided further that under no circumstances
17shall any taxing district during the third year of distribution
18of the taxes imposed by this amendatory Act of 1979 receive
19less than 60% of the funds such taxing district collected from
20the 1978 personal property tax. In the event that the total of
21the allocations made as above provided for all taxing
22districts, during either of such 3 years, exceeds the amount
23available for distribution the allocation of each taxing
24district shall be proportionately reduced. Except as provided
25in Section 13 of this Act, the Department shall then certify,
26pursuant to appropriation, such allocations to the State

HB3342 Enrolled- 38 -LRB100 08528 SMS 18653 b
1Comptroller who shall pay over to the several taxing districts
2the respective amounts allocated to them.
3 Any township which receives an allocation based in whole or
4in part upon personal property taxes which it levied pursuant
5to Section 6-507 or 6-512 of the Illinois Highway Code and
6which was previously required to be paid over to a municipality
7shall immediately pay over to that municipality a proportionate
8share of the personal property replacement funds which such
9township receives.
10 Any municipality or township, other than a municipality
11with a population in excess of 500,000, which receives an
12allocation based in whole or in part on personal property taxes
13which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the
14Illinois Local Library Act and which was previously required to
15be paid over to a public library shall immediately pay over to
16that library a proportionate share of the personal property tax
17replacement funds which such municipality or township
18receives; provided that if such a public library has converted
19to a library organized under The Illinois Public Library
20District Act, regardless of whether such conversion has
21occurred on, after or before January 1, 1988, such
22proportionate share shall be immediately paid over to the
23library district which maintains and operates the library.
24However, any library that has converted prior to January 1,
251988, and which hitherto has not received the personal property
26tax replacement funds, shall receive such funds commencing on

HB3342 Enrolled- 39 -LRB100 08528 SMS 18653 b
1January 1, 1988.
2 Any township which receives an allocation based in whole or
3in part on personal property taxes which it levied pursuant to
4Section 1c of the Public Graveyards Act and which taxes were
5previously required to be paid over to or used for such public
6cemetery or cemeteries shall immediately pay over to or use for
7such public cemetery or cemeteries a proportionate share of the
8personal property tax replacement funds which the township
9receives.
10 Any taxing district which receives an allocation based in
11whole or in part upon personal property taxes which it levied
12for another governmental body or school district in Cook County
13in 1976 or for another governmental body or school district in
14the remainder of the State in 1977 shall immediately pay over
15to that governmental body or school district the amount of
16personal property replacement funds which such governmental
17body or school district would receive directly under the
18provisions of paragraph (2) of this Section, had it levied its
19own taxes.
20 (1) The portion of the Personal Property Tax
21 Replacement Fund required to be distributed as of the time
22 allocation is required to be made shall be the amount
23 available in such Fund as of the time allocation is
24 required to be made.
25 The amount available for distribution shall be the
26 total amount in the fund at such time minus the necessary

HB3342 Enrolled- 40 -LRB100 08528 SMS 18653 b
1 administrative and other authorized expenses as limited by
2 the appropriation and the amount determined by: (a) $2.8
3 million for fiscal year 1981; (b) for fiscal year 1982,
4 .54% of the funds distributed from the fund during the
5 preceding fiscal year; (c) for fiscal year 1983 through
6 fiscal year 1988, .54% of the funds distributed from the
7 fund during the preceding fiscal year less .02% of such
8 fund for fiscal year 1983 and less .02% of such funds for
9 each fiscal year thereafter; (d) for fiscal year 1989
10 through fiscal year 2011 no more than 105% of the actual
11 administrative expenses of the prior fiscal year; (e) for
12 fiscal year 2012 and beyond, a sufficient amount to pay (i)
13 stipends, additional compensation, salary reimbursements,
14 and other amounts directed to be paid out of this Fund for
15 local officials as authorized or required by statute and
16 (ii) no more than 105% of the actual administrative
17 expenses of the prior fiscal year, including payment of the
18 ordinary and contingent expenses of the Property Tax Appeal
19 Board and payment of the expenses of the Department of
20 Revenue incurred in administering the collection and
21 distribution of moneys paid into the Fund; (f) for fiscal
22 years 2012 and 2013 only, a sufficient amount to pay
23 stipends, additional compensation, salary reimbursements,
24 and other amounts directed to be paid out of this Fund for
25 regional offices and officials as authorized or required by
26 statute; or (g) for fiscal years year 2018 and 2019 only, a

HB3342 Enrolled- 41 -LRB100 08528 SMS 18653 b
1 sufficient amount to pay amounts directed to be paid out of
2 this Fund for public community college base operating
3 grants and local health protection grants to certified
4 local health departments as authorized or required by
5 appropriation or statute. Such portion of the fund shall be
6 determined after the transfer into the General Revenue Fund
7 due to refunds, if any, paid from the General Revenue Fund
8 during the preceding quarter. If at any time, for any
9 reason, there is insufficient amount in the Personal
10 Property Tax Replacement Fund for payments for regional
11 offices and officials or local officials or payment of
12 costs of administration or for transfers due to refunds at
13 the end of any particular month, the amount of such
14 insufficiency shall be carried over for the purposes of
15 payments for regional offices and officials, local
16 officials, transfers into the General Revenue Fund, and
17 costs of administration to the following month or months.
18 Net replacement revenue held, and defined above, shall be
19 transferred by the Treasurer and Comptroller to the
20 Personal Property Tax Replacement Fund within 10 days of
21 such certification.
22 (2) Each quarterly allocation shall first be
23 apportioned in the following manner: 51.65% for taxing
24 districts in Cook County and 48.35% for taxing districts in
25 the remainder of the State.
26 The Personal Property Replacement Ratio of each taxing

HB3342 Enrolled- 42 -LRB100 08528 SMS 18653 b
1district outside Cook County shall be the ratio which the Tax
2Base of that taxing district bears to the Downstate Tax Base.
3The Tax Base of each taxing district outside of Cook County is
4the personal property tax collections for that taxing district
5for the 1977 tax year. The Downstate Tax Base is the personal
6property tax collections for all taxing districts in the State
7outside of Cook County for the 1977 tax year. The Department of
8Revenue shall have authority to review for accuracy and
9completeness the personal property tax collections for each
10taxing district outside Cook County for the 1977 tax year.
11 The Personal Property Replacement Ratio of each Cook County
12taxing district shall be the ratio which the Tax Base of that
13taxing district bears to the Cook County Tax Base. The Tax Base
14of each Cook County taxing district is the personal property
15tax collections for that taxing district for the 1976 tax year.
16The Cook County Tax Base is the personal property tax
17collections for all taxing districts in Cook County for the
181976 tax year. The Department of Revenue shall have authority
19to review for accuracy and completeness the personal property
20tax collections for each taxing district within Cook County for
21the 1976 tax year.
22 For all purposes of this Section 12, amounts paid to a
23taxing district for such tax years as may be applicable by a
24foreign corporation under the provisions of Section 7-202 of
25the Public Utilities Act, as amended, shall be deemed to be
26personal property taxes collected by such taxing district for

HB3342 Enrolled- 43 -LRB100 08528 SMS 18653 b
1such tax years as may be applicable. The Director shall
2determine from the Illinois Commerce Commission, for any tax
3year as may be applicable, the amounts so paid by any such
4foreign corporation to any and all taxing districts. The
5Illinois Commerce Commission shall furnish such information to
6the Director. For all purposes of this Section 12, the Director
7shall deem such amounts to be collected personal property taxes
8of each such taxing district for the applicable tax year or
9years.
10 Taxing districts located both in Cook County and in one or
11more other counties shall receive both a Cook County allocation
12and a Downstate allocation determined in the same way as all
13other taxing districts.
14 If any taxing district in existence on July 1, 1979 ceases
15to exist, or discontinues its operations, its Tax Base shall
16thereafter be deemed to be zero. If the powers, duties and
17obligations of the discontinued taxing district are assumed by
18another taxing district, the Tax Base of the discontinued
19taxing district shall be added to the Tax Base of the taxing
20district assuming such powers, duties and obligations.
21 If two or more taxing districts in existence on July 1,
221979, or a successor or successors thereto shall consolidate
23into one taxing district, the Tax Base of such consolidated
24taxing district shall be the sum of the Tax Bases of each of
25the taxing districts which have consolidated.
26 If a single taxing district in existence on July 1, 1979,

HB3342 Enrolled- 44 -LRB100 08528 SMS 18653 b
1or a successor or successors thereto shall be divided into two
2or more separate taxing districts, the tax base of the taxing
3district so divided shall be allocated to each of the resulting
4taxing districts in proportion to the then current equalized
5assessed value of each resulting taxing district.
6 If a portion of the territory of a taxing district is
7disconnected and annexed to another taxing district of the same
8type, the Tax Base of the taxing district from which
9disconnection was made shall be reduced in proportion to the
10then current equalized assessed value of the disconnected
11territory as compared with the then current equalized assessed
12value within the entire territory of the taxing district prior
13to disconnection, and the amount of such reduction shall be
14added to the Tax Base of the taxing district to which
15annexation is made.
16 If a community college district is created after July 1,
171979, beginning on the effective date of this amendatory Act of
181995, its Tax Base shall be 3.5% of the sum of the personal
19property tax collected for the 1977 tax year within the
20territorial jurisdiction of the district.
21 The amounts allocated and paid to taxing districts pursuant
22to the provisions of this amendatory Act of 1979 shall be
23deemed to be substitute revenues for the revenues derived from
24taxes imposed on personal property pursuant to the provisions
25of the "Revenue Act of 1939" or "An Act for the assessment and
26taxation of private car line companies", approved July 22,

HB3342 Enrolled- 45 -LRB100 08528 SMS 18653 b
11943, as amended, or Section 414 of the Illinois Insurance
2Code, prior to the abolition of such taxes and shall be used
3for the same purposes as the revenues derived from ad valorem
4taxes on real estate.
5 Monies received by any taxing districts from the Personal
6Property Tax Replacement Fund shall be first applied toward
7payment of the proportionate amount of debt service which was
8previously levied and collected from extensions against
9personal property on bonds outstanding as of December 31, 1978
10and next applied toward payment of the proportionate share of
11the pension or retirement obligations of the taxing district
12which were previously levied and collected from extensions
13against personal property. For each such outstanding bond
14issue, the County Clerk shall determine the percentage of the
15debt service which was collected from extensions against real
16estate in the taxing district for 1978 taxes payable in 1979,
17as related to the total amount of such levies and collections
18from extensions against both real and personal property. For
191979 and subsequent years' taxes, the County Clerk shall levy
20and extend taxes against the real estate of each taxing
21district which will yield the said percentage or percentages of
22the debt service on such outstanding bonds. The balance of the
23amount necessary to fully pay such debt service shall
24constitute a first and prior lien upon the monies received by
25each such taxing district through the Personal Property Tax
26Replacement Fund and shall be first applied or set aside for

HB3342 Enrolled- 46 -LRB100 08528 SMS 18653 b
1such purpose. In counties having fewer than 3,000,000
2inhabitants, the amendments to this paragraph as made by this
3amendatory Act of 1980 shall be first applicable to 1980 taxes
4to be collected in 1981.
5(Source: P.A. 100-23, eff. 7-6-17.)
6 Section 5-30. The Downstate Public Transportation Act is
7amended by changing Section 2-3 as follows:
8 (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
9 (Text of Section before amendment by P.A. 100-363)
10 Sec. 2-3. (a) As soon as possible after the first day of
11each month, beginning July 1, 1984, upon certification of the
12Department of Revenue, the Comptroller shall order
13transferred, and the Treasurer shall transfer, from the General
14Revenue Fund to a special fund in the State Treasury which is
15hereby created, to be known as the "Downstate Public
16Transportation Fund", an amount equal to 2/32 (beginning July
171, 2005, 3/32) of the net revenue realized from the "Retailers'
18Occupation Tax Act", as now or hereafter amended, the "Service
19Occupation Tax Act", as now or hereafter amended, the "Use Tax
20Act", as now or hereafter amended, and the "Service Use Tax
21Act", as now or hereafter amended, from persons incurring
22municipal or county retailers' or service occupation tax
23liability for the benefit of any municipality or county located
24wholly within the boundaries of each participant, other than

HB3342 Enrolled- 47 -LRB100 08528 SMS 18653 b
1any Metro-East Transit District participant certified pursuant
2to subsection (c) of this Section during the preceding month,
3except that the Department shall pay into the Downstate Public
4Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80%
5of the net revenue realized under the State tax Acts named
6above within any municipality or county located wholly within
7the boundaries of each participant, other than any Metro-East
8participant, for tax periods beginning on or after January 1,
91990. Net revenue realized for a month shall be the revenue
10collected by the State pursuant to such Acts during the
11previous month from persons incurring municipal or county
12retailers' or service occupation tax liability for the benefit
13of any municipality or county located wholly within the
14boundaries of a participant, less the amount paid out during
15that same month as refunds or credit memoranda to taxpayers for
16overpayment of liability under such Acts for the benefit of any
17municipality or county located wholly within the boundaries of
18a participant.
19 Notwithstanding any provision of law to the contrary,
20beginning on July 6, 2017 (the effective date of Public Act
21100-23) this amendatory Act of the 100th General Assembly,
22those amounts required under this subsection (a) to be
23transferred by the Treasurer into the Downstate Public
24Transportation Fund from the General Revenue Fund shall be
25directly deposited into the Downstate Public Transportation
26Fund as the revenues are realized from the taxes indicated.

HB3342 Enrolled- 48 -LRB100 08528 SMS 18653 b
1 (b) As soon as possible after the first day of each month,
2beginning July 1, 1989, upon certification of the Department of
3Revenue, the Comptroller shall order transferred, and the
4Treasurer shall transfer, from the General Revenue Fund to a
5special fund in the State Treasury which is hereby created, to
6be known as the "Metro-East Public Transportation Fund", an
7amount equal to 2/32 of the net revenue realized, as above,
8from within the boundaries of Madison, Monroe, and St. Clair
9Counties, except that the Department shall pay into the
10Metro-East Public Transportation Fund 2/32 of 80% of the net
11revenue realized under the State tax Acts specified in
12subsection (a) of this Section within the boundaries of
13Madison, Monroe and St. Clair Counties for tax periods
14beginning on or after January 1, 1990. A local match equivalent
15to an amount which could be raised by a tax levy at the rate of
16.05% on the assessed value of property within the boundaries of
17Madison County is required annually to cause a total of 2/32 of
18the net revenue to be deposited in the Metro-East Public
19Transportation Fund. Failure to raise the required local match
20annually shall result in only 1/32 being deposited into the
21Metro-East Public Transportation Fund after July 1, 1989, or
221/32 of 80% of the net revenue realized for tax periods
23beginning on or after January 1, 1990.
24 (b-5) As soon as possible after the first day of each
25month, beginning July 1, 2005, upon certification of the
26Department of Revenue, the Comptroller shall order

HB3342 Enrolled- 49 -LRB100 08528 SMS 18653 b
1transferred, and the Treasurer shall transfer, from the General
2Revenue Fund to the Downstate Public Transportation Fund, an
3amount equal to 3/32 of 80% of the net revenue realized from
4within the boundaries of Monroe and St. Clair Counties under
5the State Tax Acts specified in subsection (a) of this Section
6and provided further that, beginning July 1, 2005, the
7provisions of subsection (b) shall no longer apply with respect
8to such tax receipts from Monroe and St. Clair Counties.
9 Notwithstanding any provision of law to the contrary,
10beginning on July 6, 2017 (the effective date of Public Act
11100-23) this amendatory Act of the 100th General Assembly,
12those amounts required under this subsection (b-5) to be
13transferred by the Treasurer into the Downstate Public
14Transportation Fund from the General Revenue Fund shall be
15directly deposited into the Downstate Public Transportation
16Fund as the revenues are realized from the taxes indicated.
17 (b-6) As soon as possible after the first day of each
18month, beginning July 1, 2008, upon certification by the
19Department of Revenue, the Comptroller shall order transferred
20and the Treasurer shall transfer, from the General Revenue Fund
21to the Downstate Public Transportation Fund, an amount equal to
223/32 of 80% of the net revenue realized from within the
23boundaries of Madison County under the State Tax Acts specified
24in subsection (a) of this Section and provided further that,
25beginning July 1, 2008, the provisions of subsection (b) shall
26no longer apply with respect to such tax receipts from Madison

HB3342 Enrolled- 50 -LRB100 08528 SMS 18653 b
1County.
2 Notwithstanding any provision of law to the contrary,
3beginning on July 6, 2017 (the effective date of Public Act
4100-23) this amendatory Act of the 100th General Assembly,
5those amounts required under this subsection (b-6) to be
6transferred by the Treasurer into the Downstate Public
7Transportation Fund from the General Revenue Fund shall be
8directly deposited into the Downstate Public Transportation
9Fund as the revenues are realized from the taxes indicated.
10 (c) The Department shall certify to the Department of
11Revenue the eligible participants under this Article and the
12territorial boundaries of such participants for the purposes of
13the Department of Revenue in subsections (a) and (b) of this
14Section.
15 (d) For the purposes of this Article, beginning in fiscal
16year 2009 the General Assembly shall appropriate an amount from
17the Downstate Public Transportation Fund equal to the sum total
18funds projected to be paid to the participants pursuant to
19Section 2-7. If the General Assembly fails to make
20appropriations sufficient to cover the amounts projected to be
21paid pursuant to Section 2-7, this Act shall constitute an
22irrevocable and continuing appropriation from the Downstate
23Public Transportation Fund of all amounts necessary for those
24purposes.
25 (e) Notwithstanding anything in this Section to the
26contrary, amounts transferred from the General Revenue Fund to

HB3342 Enrolled- 51 -LRB100 08528 SMS 18653 b
1the Downstate Public Transportation Fund pursuant to this
2Section shall not exceed $169,000,000 in State fiscal year
32012.
4 (f) For State fiscal year 2018 only, notwithstanding any
5provision of law to the contrary, the total amount of revenue
6and deposits under this Section attributable to revenues
7realized during State fiscal year 2018 shall be reduced by 10%.
8 (g) For State fiscal year 2019 only, notwithstanding any
9provision of law to the contrary, the total amount of revenue
10and deposits under this Section attributable to revenues
11realized during State fiscal year 2019 shall be reduced by 5%.
12(Source: P.A. 100-23, eff. 7-6-17; revised 10-20-17.)
13 (Text of Section after amendment by P.A. 100-363)
14 Sec. 2-3. (a) As soon as possible after the first day of
15each month, beginning July 1, 1984, upon certification of the
16Department of Revenue, the Comptroller shall order
17transferred, and the Treasurer shall transfer, from the General
18Revenue Fund to a special fund in the State Treasury which is
19hereby created, to be known as the "Downstate Public
20Transportation Fund", an amount equal to 2/32 (beginning July
211, 2005, 3/32) of the net revenue realized from the "Retailers'
22Occupation Tax Act", as now or hereafter amended, the "Service
23Occupation Tax Act", as now or hereafter amended, the "Use Tax
24Act", as now or hereafter amended, and the "Service Use Tax
25Act", as now or hereafter amended, from persons incurring

HB3342 Enrolled- 52 -LRB100 08528 SMS 18653 b
1municipal or county retailers' or service occupation tax
2liability for the benefit of any municipality or county located
3wholly within the boundaries of each participant, other than
4any Metro-East Transit District participant certified pursuant
5to subsection (c) of this Section during the preceding month,
6except that the Department shall pay into the Downstate Public
7Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80%
8of the net revenue realized under the State tax Acts named
9above within any municipality or county located wholly within
10the boundaries of each participant, other than any Metro-East
11participant, for tax periods beginning on or after January 1,
121990. Net revenue realized for a month shall be the revenue
13collected by the State pursuant to such Acts during the
14previous month from persons incurring municipal or county
15retailers' or service occupation tax liability for the benefit
16of any municipality or county located wholly within the
17boundaries of a participant, less the amount paid out during
18that same month as refunds or credit memoranda to taxpayers for
19overpayment of liability under such Acts for the benefit of any
20municipality or county located wholly within the boundaries of
21a participant.
22 Notwithstanding any provision of law to the contrary,
23beginning on July 6, 2017 (the effective date of Public Act
24100-23) this amendatory Act of the 100th General Assembly,
25those amounts required under this subsection (a) to be
26transferred by the Treasurer into the Downstate Public

HB3342 Enrolled- 53 -LRB100 08528 SMS 18653 b
1Transportation Fund from the General Revenue Fund shall be
2directly deposited into the Downstate Public Transportation
3Fund as the revenues are realized from the taxes indicated.
4 (b) As soon as possible after the first day of each month,
5beginning July 1, 1989, upon certification of the Department of
6Revenue, the Comptroller shall order transferred, and the
7Treasurer shall transfer, from the General Revenue Fund to a
8special fund in the State Treasury which is hereby created, to
9be known as the "Metro-East Public Transportation Fund", an
10amount equal to 2/32 of the net revenue realized, as above,
11from within the boundaries of Madison, Monroe, and St. Clair
12Counties, except that the Department shall pay into the
13Metro-East Public Transportation Fund 2/32 of 80% of the net
14revenue realized under the State tax Acts specified in
15subsection (a) of this Section within the boundaries of
16Madison, Monroe and St. Clair Counties for tax periods
17beginning on or after January 1, 1990. A local match equivalent
18to an amount which could be raised by a tax levy at the rate of
19.05% on the assessed value of property within the boundaries of
20Madison County is required annually to cause a total of 2/32 of
21the net revenue to be deposited in the Metro-East Public
22Transportation Fund. Failure to raise the required local match
23annually shall result in only 1/32 being deposited into the
24Metro-East Public Transportation Fund after July 1, 1989, or
251/32 of 80% of the net revenue realized for tax periods
26beginning on or after January 1, 1990.

HB3342 Enrolled- 54 -LRB100 08528 SMS 18653 b
1 (b-5) As soon as possible after the first day of each
2month, beginning July 1, 2005, upon certification of the
3Department of Revenue, the Comptroller shall order
4transferred, and the Treasurer shall transfer, from the General
5Revenue Fund to the Downstate Public Transportation Fund, an
6amount equal to 3/32 of 80% of the net revenue realized from
7within the boundaries of Monroe and St. Clair Counties under
8the State Tax Acts specified in subsection (a) of this Section
9and provided further that, beginning July 1, 2005, the
10provisions of subsection (b) shall no longer apply with respect
11to such tax receipts from Monroe and St. Clair Counties.
12 Notwithstanding any provision of law to the contrary,
13beginning on July 6, 2017 (the effective date of Public Act
14100-23) this amendatory Act of the 100th General Assembly,
15those amounts required under this subsection (b-5) to be
16transferred by the Treasurer into the Downstate Public
17Transportation Fund from the General Revenue Fund shall be
18directly deposited into the Downstate Public Transportation
19Fund as the revenues are realized from the taxes indicated.
20 (b-6) As soon as possible after the first day of each
21month, beginning July 1, 2008, upon certification by the
22Department of Revenue, the Comptroller shall order transferred
23and the Treasurer shall transfer, from the General Revenue Fund
24to the Downstate Public Transportation Fund, an amount equal to
253/32 of 80% of the net revenue realized from within the
26boundaries of Madison County under the State Tax Acts specified

HB3342 Enrolled- 55 -LRB100 08528 SMS 18653 b
1in subsection (a) of this Section and provided further that,
2beginning July 1, 2008, the provisions of subsection (b) shall
3no longer apply with respect to such tax receipts from Madison
4County.
5 Notwithstanding any provision of law to the contrary,
6beginning on July 6, 2017 (the effective date of Public Act
7100-23) this amendatory Act of the 100th General Assembly,
8those amounts required under this subsection (b-6) to be
9transferred by the Treasurer into the Downstate Public
10Transportation Fund from the General Revenue Fund shall be
11directly deposited into the Downstate Public Transportation
12Fund as the revenues are realized from the taxes indicated.
13 (b-7) Beginning July 1, 2018, notwithstanding the other
14provisions of this Section, instead of the Comptroller making
15monthly transfers from the General Revenue Fund to the
16Downstate Public Transportation Fund, the Department of
17Revenue shall deposit the designated fraction of the net
18revenue realized from collections under the Retailers'
19Occupation Tax Act, the Service Occupation Tax Act, the Use Tax
20Act, and the Service Use Tax Act directly into the Downstate
21Public Transportation Fund.
22 (c) The Department shall certify to the Department of
23Revenue the eligible participants under this Article and the
24territorial boundaries of such participants for the purposes of
25the Department of Revenue in subsections (a) and (b) of this
26Section.

HB3342 Enrolled- 56 -LRB100 08528 SMS 18653 b
1 (d) For the purposes of this Article, beginning in fiscal
2year 2009 the General Assembly shall appropriate an amount from
3the Downstate Public Transportation Fund equal to the sum total
4funds projected to be paid to the participants pursuant to
5Section 2-7. If the General Assembly fails to make
6appropriations sufficient to cover the amounts projected to be
7paid pursuant to Section 2-7, this Act shall constitute an
8irrevocable and continuing appropriation from the Downstate
9Public Transportation Fund of all amounts necessary for those
10purposes.
11 (e) Notwithstanding anything in this Section to the
12contrary, amounts transferred from the General Revenue Fund to
13the Downstate Public Transportation Fund pursuant to this
14Section shall not exceed $169,000,000 in State fiscal year
152012.
16 (f) For State fiscal year 2018 only, notwithstanding any
17provision of law to the contrary, the total amount of revenue
18and deposits under this Section attributable to revenues
19realized during State fiscal year 2018 shall be reduced by 10%.
20 (g) For State fiscal year 2019 only, notwithstanding any
21provision of law to the contrary, the total amount of revenue
22and deposits under this Section attributable to revenues
23realized during State fiscal year 2019 shall be reduced by 5%.
24(Source: P.A. 100-23, eff. 7-6-17; 100-363, eff. 7-1-18;
25revised 10-20-17.)

HB3342 Enrolled- 57 -LRB100 08528 SMS 18653 b
1 Section 5-35. The Illinois Income Tax Act is amended by
2changing Section 901 as follows:
3 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
4 Sec. 901. Collection authority.
5 (a) In general. The Department shall collect the taxes
6imposed by this Act. The Department shall collect certified
7past due child support amounts under Section 2505-650 of the
8Department of Revenue Law of the Civil Administrative Code of
9Illinois. Except as provided in subsections (b), (c), (e), (f),
10(g), and (h) of this Section, money collected pursuant to
11subsections (a) and (b) of Section 201 of this Act shall be
12paid into the General Revenue Fund in the State treasury; money
13collected pursuant to subsections (c) and (d) of Section 201 of
14this Act shall be paid into the Personal Property Tax
15Replacement Fund, a special fund in the State Treasury; and
16money collected under Section 2505-650 of the Department of
17Revenue Law of the Civil Administrative Code of Illinois (20
18ILCS 2505/2505-650) shall be paid into the Child Support
19Enforcement Trust Fund, a special fund outside the State
20Treasury, or to the State Disbursement Unit established under
21Section 10-26 of the Illinois Public Aid Code, as directed by
22the Department of Healthcare and Family Services.
23 (b) Local Government Distributive Fund. Beginning August
241, 1969, and continuing through June 30, 1994, the Treasurer
25shall transfer each month from the General Revenue Fund to a

HB3342 Enrolled- 58 -LRB100 08528 SMS 18653 b
1special fund in the State treasury, to be known as the "Local
2Government Distributive Fund", an amount equal to 1/12 of the
3net revenue realized from the tax imposed by subsections (a)
4and (b) of Section 201 of this Act during the preceding month.
5Beginning July 1, 1994, and continuing through June 30, 1995,
6the Treasurer shall transfer each month from the General
7Revenue Fund to the Local Government Distributive Fund an
8amount equal to 1/11 of the net revenue realized from the tax
9imposed by subsections (a) and (b) of Section 201 of this Act
10during the preceding month. Beginning July 1, 1995 and
11continuing through January 31, 2011, the Treasurer shall
12transfer each month from the General Revenue Fund to the Local
13Government Distributive Fund an amount equal to the net of (i)
141/10 of the net revenue realized from the tax imposed by
15subsections (a) and (b) of Section 201 of the Illinois Income
16Tax Act during the preceding month (ii) minus, beginning July
171, 2003 and ending June 30, 2004, $6,666,666, and beginning
18July 1, 2004, zero. Beginning February 1, 2011, and continuing
19through January 31, 2015, the Treasurer shall transfer each
20month from the General Revenue Fund to the Local Government
21Distributive Fund an amount equal to the sum of (i) 6% (10% of
22the ratio of the 3% individual income tax rate prior to 2011 to
23the 5% individual income tax rate after 2010) of the net
24revenue realized from the tax imposed by subsections (a) and
25(b) of Section 201 of this Act upon individuals, trusts, and
26estates during the preceding month and (ii) 6.86% (10% of the

HB3342 Enrolled- 59 -LRB100 08528 SMS 18653 b
1ratio of the 4.8% corporate income tax rate prior to 2011 to
2the 7% corporate income tax rate after 2010) of the net revenue
3realized from the tax imposed by subsections (a) and (b) of
4Section 201 of this Act upon corporations during the preceding
5month. Beginning February 1, 2015 and continuing through July
631, 2017, the Treasurer shall transfer each month from the
7General Revenue Fund to the Local Government Distributive Fund
8an amount equal to the sum of (i) 8% (10% of the ratio of the 3%
9individual income tax rate prior to 2011 to the 3.75%
10individual income tax rate after 2014) of the net revenue
11realized from the tax imposed by subsections (a) and (b) of
12Section 201 of this Act upon individuals, trusts, and estates
13during the preceding month and (ii) 9.14% (10% of the ratio of
14the 4.8% corporate income tax rate prior to 2011 to the 5.25%
15corporate income tax rate after 2014) of the net revenue
16realized from the tax imposed by subsections (a) and (b) of
17Section 201 of this Act upon corporations during the preceding
18month. Beginning August 1, 2017, the Treasurer shall transfer
19each month from the General Revenue Fund to the Local
20Government Distributive Fund an amount equal to the sum of (i)
216.06% (10% of the ratio of the 3% individual income tax rate
22prior to 2011 to the 4.95% individual income tax rate after
23July 1, 2017) of the net revenue realized from the tax imposed
24by subsections (a) and (b) of Section 201 of this Act upon
25individuals, trusts, and estates during the preceding month and
26(ii) 6.85% (10% of the ratio of the 4.8% corporate income tax

HB3342 Enrolled- 60 -LRB100 08528 SMS 18653 b
1rate prior to 2011 to the 7% corporate income tax rate after
2July 1, 2017) of the net revenue realized from the tax imposed
3by subsections (a) and (b) of Section 201 of this Act upon
4corporations during the preceding month. Net revenue realized
5for a month shall be defined as the revenue from the tax
6imposed by subsections (a) and (b) of Section 201 of this Act
7which is deposited in the General Revenue Fund, the Education
8Assistance Fund, the Income Tax Surcharge Local Government
9Distributive Fund, the Fund for the Advancement of Education,
10and the Commitment to Human Services Fund during the month
11minus the amount paid out of the General Revenue Fund in State
12warrants during that same month as refunds to taxpayers for
13overpayment of liability under the tax imposed by subsections
14(a) and (b) of Section 201 of this Act.
15 Notwithstanding any provision of law to the contrary,
16beginning on July 6, 2017 (the effective date of Public Act
17100-23) this amendatory Act of the 100th General Assembly,
18those amounts required under this subsection (b) to be
19transferred by the Treasurer into the Local Government
20Distributive Fund from the General Revenue Fund shall be
21directly deposited into the Local Government Distributive Fund
22as the revenue is realized from the tax imposed by subsections
23(a) and (b) of Section 201 of this Act.
24 For State fiscal year 2018 only, notwithstanding any
25provision of law to the contrary, the total amount of revenue
26and deposits under this Section attributable to revenues

HB3342 Enrolled- 61 -LRB100 08528 SMS 18653 b
1realized during State fiscal year 2018 shall be reduced by 10%.
2 For State fiscal year 2019 only, notwithstanding any
3provision of law to the contrary, the total amount of revenue
4and deposits under this Section attributable to revenues
5realized during State fiscal year 2019 shall be reduced by 5%.
6 (c) Deposits Into Income Tax Refund Fund.
7 (1) Beginning on January 1, 1989 and thereafter, the
8 Department shall deposit a percentage of the amounts
9 collected pursuant to subsections (a) and (b)(1), (2), and
10 (3), of Section 201 of this Act into a fund in the State
11 treasury known as the Income Tax Refund Fund. The
12 Department shall deposit 6% of such amounts during the
13 period beginning January 1, 1989 and ending on June 30,
14 1989. Beginning with State fiscal year 1990 and for each
15 fiscal year thereafter, the percentage deposited into the
16 Income Tax Refund Fund during a fiscal year shall be the
17 Annual Percentage. For fiscal years 1999 through 2001, the
18 Annual Percentage shall be 7.1%. For fiscal year 2003, the
19 Annual Percentage shall be 8%. For fiscal year 2004, the
20 Annual Percentage shall be 11.7%. Upon the effective date
21 of Public Act 93-839 (July 30, 2004) this amendatory Act of
22 the 93rd General Assembly, the Annual Percentage shall be
23 10% for fiscal year 2005. For fiscal year 2006, the Annual
24 Percentage shall be 9.75%. For fiscal year 2007, the Annual
25 Percentage shall be 9.75%. For fiscal year 2008, the Annual
26 Percentage shall be 7.75%. For fiscal year 2009, the Annual

HB3342 Enrolled- 62 -LRB100 08528 SMS 18653 b
1 Percentage shall be 9.75%. For fiscal year 2010, the Annual
2 Percentage shall be 9.75%. For fiscal year 2011, the Annual
3 Percentage shall be 8.75%. For fiscal year 2012, the Annual
4 Percentage shall be 8.75%. For fiscal year 2013, the Annual
5 Percentage shall be 9.75%. For fiscal year 2014, the Annual
6 Percentage shall be 9.5%. For fiscal year 2015, the Annual
7 Percentage shall be 10%. For fiscal year 2018, the Annual
8 Percentage shall be 9.8%. For fiscal year 2019, the Annual
9 Percentage shall be 9.7%. For all other fiscal years, the
10 Annual Percentage shall be calculated as a fraction, the
11 numerator of which shall be the amount of refunds approved
12 for payment by the Department during the preceding fiscal
13 year as a result of overpayment of tax liability under
14 subsections (a) and (b)(1), (2), and (3) of Section 201 of
15 this Act plus the amount of such refunds remaining approved
16 but unpaid at the end of the preceding fiscal year, minus
17 the amounts transferred into the Income Tax Refund Fund
18 from the Tobacco Settlement Recovery Fund, and the
19 denominator of which shall be the amounts which will be
20 collected pursuant to subsections (a) and (b)(1), (2), and
21 (3) of Section 201 of this Act during the preceding fiscal
22 year; except that in State fiscal year 2002, the Annual
23 Percentage shall in no event exceed 7.6%. The Director of
24 Revenue shall certify the Annual Percentage to the
25 Comptroller on the last business day of the fiscal year
26 immediately preceding the fiscal year for which it is to be

HB3342 Enrolled- 63 -LRB100 08528 SMS 18653 b
1 effective.
2 (2) Beginning on January 1, 1989 and thereafter, the
3 Department shall deposit a percentage of the amounts
4 collected pursuant to subsections (a) and (b)(6), (7), and
5 (8), (c) and (d) of Section 201 of this Act into a fund in
6 the State treasury known as the Income Tax Refund Fund. The
7 Department shall deposit 18% of such amounts during the
8 period beginning January 1, 1989 and ending on June 30,
9 1989. Beginning with State fiscal year 1990 and for each
10 fiscal year thereafter, the percentage deposited into the
11 Income Tax Refund Fund during a fiscal year shall be the
12 Annual Percentage. For fiscal years 1999, 2000, and 2001,
13 the Annual Percentage shall be 19%. For fiscal year 2003,
14 the Annual Percentage shall be 27%. For fiscal year 2004,
15 the Annual Percentage shall be 32%. Upon the effective date
16 of Public Act 93-839 (July 30, 2004) this amendatory Act of
17 the 93rd General Assembly, the Annual Percentage shall be
18 24% for fiscal year 2005. For fiscal year 2006, the Annual
19 Percentage shall be 20%. For fiscal year 2007, the Annual
20 Percentage shall be 17.5%. For fiscal year 2008, the Annual
21 Percentage shall be 15.5%. For fiscal year 2009, the Annual
22 Percentage shall be 17.5%. For fiscal year 2010, the Annual
23 Percentage shall be 17.5%. For fiscal year 2011, the Annual
24 Percentage shall be 17.5%. For fiscal year 2012, the Annual
25 Percentage shall be 17.5%. For fiscal year 2013, the Annual
26 Percentage shall be 14%. For fiscal year 2014, the Annual

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1 Percentage shall be 13.4%. For fiscal year 2015, the Annual
2 Percentage shall be 14%. For fiscal year 2018, the Annual
3 Percentage shall be 17.5%. For fiscal year 2019, the Annual
4 Percentage shall be 15.5%. For all other fiscal years, the
5 Annual Percentage shall be calculated as a fraction, the
6 numerator of which shall be the amount of refunds approved
7 for payment by the Department during the preceding fiscal
8 year as a result of overpayment of tax liability under
9 subsections (a) and (b)(6), (7), and (8), (c) and (d) of
10 Section 201 of this Act plus the amount of such refunds
11 remaining approved but unpaid at the end of the preceding
12 fiscal year, and the denominator of which shall be the
13 amounts which will be collected pursuant to subsections (a)
14 and (b)(6), (7), and (8), (c) and (d) of Section 201 of
15 this Act during the preceding fiscal year; except that in
16 State fiscal year 2002, the Annual Percentage shall in no
17 event exceed 23%. The Director of Revenue shall certify the
18 Annual Percentage to the Comptroller on the last business
19 day of the fiscal year immediately preceding the fiscal
20 year for which it is to be effective.
21 (3) The Comptroller shall order transferred and the
22 Treasurer shall transfer from the Tobacco Settlement
23 Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
24 in January, 2001, (ii) $35,000,000 in January, 2002, and
25 (iii) $35,000,000 in January, 2003.
26 (d) Expenditures from Income Tax Refund Fund.

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1 (1) Beginning January 1, 1989, money in the Income Tax
2 Refund Fund shall be expended exclusively for the purpose
3 of paying refunds resulting from overpayment of tax
4 liability under Section 201 of this Act, for paying rebates
5 under Section 208.1 in the event that the amounts in the
6 Homeowners' Tax Relief Fund are insufficient for that
7 purpose, and for making transfers pursuant to this
8 subsection (d).
9 (2) The Director shall order payment of refunds
10 resulting from overpayment of tax liability under Section
11 201 of this Act from the Income Tax Refund Fund only to the
12 extent that amounts collected pursuant to Section 201 of
13 this Act and transfers pursuant to this subsection (d) and
14 item (3) of subsection (c) have been deposited and retained
15 in the Fund.
16 (3) As soon as possible after the end of each fiscal
17 year, the Director shall order transferred and the State
18 Treasurer and State Comptroller shall transfer from the
19 Income Tax Refund Fund to the Personal Property Tax
20 Replacement Fund an amount, certified by the Director to
21 the Comptroller, equal to the excess of the amount
22 collected pursuant to subsections (c) and (d) of Section
23 201 of this Act deposited into the Income Tax Refund Fund
24 during the fiscal year over the amount of refunds resulting
25 from overpayment of tax liability under subsections (c) and
26 (d) of Section 201 of this Act paid from the Income Tax

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

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

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

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1Fund. Beginning on the first day of the first calendar month to
2occur on or after August 26, 2014 (the effective date of Public
3Act 98-1098), each month the Department shall pay into the Tax
4Compliance and Administration Fund, to be used, subject to
5appropriation, to fund additional auditors and compliance
6personnel at the Department, an amount equal to 1/12 of 5% of
7the cash receipts collected during the preceding fiscal year by
8the Audit Bureau of the Department from the tax imposed by
9subsections (a), (b), (c), and (d) of Section 201 of this Act,
10net of deposits into the Income Tax Refund Fund made from those
11cash receipts.
12(Source: P.A. 99-78, eff. 7-20-15; 100-22, eff. 7-6-17; 100-23,
13eff. 7-6-17; revised 8-3-17.)
14 Section 5-40. The Regional Transportation Authority Act is
15amended by changing Section 4.09 as follows:
16 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
17 Sec. 4.09. Public Transportation Fund and the Regional
18Transportation Authority Occupation and Use Tax Replacement
19Fund.
20 (a)(1) Except as otherwise provided in paragraph (4), as
21soon as possible after the first day of each month, beginning
22July 1, 1984, upon certification of the Department of Revenue,
23the Comptroller shall order transferred and the Treasurer shall
24transfer from the General Revenue Fund to a special fund in the

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1State Treasury to be known as the Public Transportation Fund an
2amount equal to 25% of the net revenue, before the deduction of
3the serviceman and retailer discounts pursuant to Section 9 of
4the Service Occupation Tax Act and Section 3 of the Retailers'
5Occupation Tax Act, realized from any tax imposed by the
6Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the
7amounts deposited into the Regional Transportation Authority
8tax fund created by Section 4.03 of this Act, from the County
9and Mass Transit District Fund as provided in Section 6z-20 of
10the State Finance Act and 25% of the amounts deposited into the
11Regional Transportation Authority Occupation and Use Tax
12Replacement Fund from the State and Local Sales Tax Reform Fund
13as provided in Section 6z-17 of the State Finance Act. On the
14first day of the month following the date that the Department
15receives revenues from increased taxes under Section 4.03(m) as
16authorized by this amendatory Act of the 95th General Assembly,
17in lieu of the transfers authorized in the preceding sentence,
18upon certification of the Department of Revenue, the
19Comptroller shall order transferred and the Treasurer shall
20transfer from the General Revenue Fund to the Public
21Transportation Fund an amount equal to 25% of the net revenue,
22before the deduction of the serviceman and retailer discounts
23pursuant to Section 9 of the Service Occupation Tax Act and
24Section 3 of the Retailers' Occupation Tax Act, realized from
25(i) 80% of the proceeds of any tax imposed by the Authority at
26a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any

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1tax imposed by the Authority at the rate of 1% in Cook County,
2and (iii) one-third of the proceeds of any tax imposed by the
3Authority at the rate of 0.75% in the Counties of DuPage, Kane,
4Lake, McHenry, and Will, all pursuant to Section 4.03, and 25%
5of the net revenue realized from any tax imposed by the
6Authority pursuant to Section 4.03.1, and 25% of the amounts
7deposited into the Regional Transportation Authority tax fund
8created by Section 4.03 of this Act from the County and Mass
9Transit District Fund as provided in Section 6z-20 of the State
10Finance Act, and 25% of the amounts deposited into the Regional
11Transportation Authority Occupation and Use Tax Replacement
12Fund from the State and Local Sales Tax Reform Fund as provided
13in Section 6z-17 of the State Finance Act. As used in this
14Section, net revenue realized for a month shall be the revenue
15collected by the State pursuant to Sections 4.03 and 4.03.1
16during the previous month from within the metropolitan region,
17less the amount paid out during that same month as refunds to
18taxpayers for overpayment of liability in the metropolitan
19region under Sections 4.03 and 4.03.1.
20 Notwithstanding any provision of law to the contrary,
21beginning on the effective date of this amendatory Act of the
22100th General Assembly, those amounts required under this
23paragraph (1) of subsection (a) to be transferred by the
24Treasurer into the Public Transportation Fund from the General
25Revenue Fund shall be directly deposited into the Public
26Transportation Fund as the revenues are realized from the taxes

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1indicated.
2 (2) Except as otherwise provided in paragraph (4), on the
3first day of the month following the effective date of this
4amendatory Act of the 95th General Assembly and each month
5thereafter, upon certification by the Department of Revenue,
6the Comptroller shall order transferred and the Treasurer shall
7transfer from the General Revenue Fund to the Public
8Transportation Fund an amount equal to 5% of the net revenue,
9before the deduction of the serviceman and retailer discounts
10pursuant to Section 9 of the Service Occupation Tax Act and
11Section 3 of the Retailers' Occupation Tax Act, realized from
12any tax imposed by the Authority pursuant to Sections 4.03 and
134.03.1 and certified by the Department of Revenue under Section
144.03(n) of this Act to be paid to the Authority and 5% of the
15amounts deposited into the Regional Transportation Authority
16tax fund created by Section 4.03 of this Act from the County
17and Mass Transit District Fund as provided in Section 6z-20 of
18the State Finance Act, and 5% of the amounts deposited into the
19Regional Transportation Authority Occupation and Use Tax
20Replacement Fund from the State and Local Sales Tax Reform Fund
21as provided in Section 6z-17 of the State Finance Act, and 5%
22of the revenue realized by the Chicago Transit Authority as
23financial assistance from the City of Chicago from the proceeds
24of any tax imposed by the City of Chicago under Section 8-3-19
25of the Illinois Municipal Code.
26 Notwithstanding any provision of law to the contrary,

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1beginning on July 6, 2017 (the effective date of Public Act
2100-23) this amendatory Act of the 100th General Assembly,
3those amounts required under this paragraph (2) of subsection
4(a) to be transferred by the Treasurer into the Public
5Transportation Fund from the General Revenue Fund shall be
6directly deposited into the Public Transportation Fund as the
7revenues are realized from the taxes indicated.
8 (3) Except as otherwise provided in paragraph (4), as soon
9as possible after the first day of January, 2009 and each month
10thereafter, upon certification of the Department of Revenue
11with respect to the taxes collected under Section 4.03, the
12Comptroller shall order transferred and the Treasurer shall
13transfer from the General Revenue Fund to the Public
14Transportation Fund an amount equal to 25% of the net revenue,
15before the deduction of the serviceman and retailer discounts
16pursuant to Section 9 of the Service Occupation Tax Act and
17Section 3 of the Retailers' Occupation Tax Act, realized from
18(i) 20% of the proceeds of any tax imposed by the Authority at
19a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
20tax imposed by the Authority at the rate of 1% in Cook County,
21and (iii) one-third of the proceeds of any tax imposed by the
22Authority at the rate of 0.75% in the Counties of DuPage, Kane,
23Lake, McHenry, and Will, all pursuant to Section 4.03, and the
24Comptroller shall order transferred and the Treasurer shall
25transfer from the General Revenue Fund to the Public
26Transportation Fund (iv) an amount equal to 25% of the revenue

HB3342 Enrolled- 74 -LRB100 08528 SMS 18653 b
1realized by the Chicago Transit Authority as financial
2assistance from the City of Chicago from the proceeds of any
3tax imposed by the City of Chicago under Section 8-3-19 of the
4Illinois Municipal Code.
5 Notwithstanding any provision of law to the contrary,
6beginning on July 6, 2017 (the effective date of Public Act
7100-23) this amendatory Act of the 100th General Assembly,
8those amounts required under this paragraph (3) of subsection
9(a) to be transferred by the Treasurer into the Public
10Transportation Fund from the General Revenue Fund shall be
11directly deposited into the Public Transportation Fund as the
12revenues are realized from the taxes indicated.
13 (4) Notwithstanding any provision of law to the contrary,
14of the transfers to be made under paragraphs (1), (2), and (3)
15of this subsection (a) from the General Revenue Fund to the
16Public Transportation Fund, the first $100,000,000 that would
17have otherwise been transferred from the General Revenue Fund
18shall be transferred from the Road Fund. The remaining balance
19of such transfers shall be made from the General Revenue Fund.
20 (5) For State fiscal year 2018 only, notwithstanding any
21provision of law to the contrary, the total amount of revenue
22and deposits under this subsection (a) attributable to revenues
23realized during State fiscal year 2018 shall be reduced by 10%.
24 (6) For State fiscal year 2019 only, notwithstanding any
25provision of law to the contrary, the total amount of revenue
26and deposits under this Section attributable to revenues

HB3342 Enrolled- 75 -LRB100 08528 SMS 18653 b
1realized during State fiscal year 2019 shall be reduced by 5%.
2 (b)(1) All moneys deposited in the Public Transportation
3Fund and the Regional Transportation Authority Occupation and
4Use Tax Replacement Fund, whether deposited pursuant to this
5Section or otherwise, are allocated to the Authority. The
6Comptroller, as soon as possible after each monthly transfer
7provided in this Section and after each deposit into the Public
8Transportation Fund, shall order the Treasurer to pay to the
9Authority out of the Public Transportation Fund the amount so
10transferred or deposited. Any Additional State Assistance and
11Additional Financial Assistance paid to the Authority under
12this Section shall be expended by the Authority for its
13purposes as provided in this Act. The balance of the amounts
14paid to the Authority from the Public Transportation Fund shall
15be expended by the Authority as provided in Section 4.03.3. The
16Comptroller, as soon as possible after each deposit into the
17Regional Transportation Authority Occupation and Use Tax
18Replacement Fund provided in this Section and Section 6z-17 of
19the State Finance Act, shall order the Treasurer to pay to the
20Authority out of the Regional Transportation Authority
21Occupation and Use Tax Replacement Fund the amount so
22deposited. Such amounts paid to the Authority may be expended
23by it for its purposes as provided in this Act. The provisions
24directing the distributions from the Public Transportation
25Fund and the Regional Transportation Authority Occupation and
26Use Tax Replacement Fund provided for in this Section shall

HB3342 Enrolled- 76 -LRB100 08528 SMS 18653 b
1constitute an irrevocable and continuing appropriation of all
2amounts as provided herein. The State Treasurer and State
3Comptroller are hereby authorized and directed to make
4distributions as provided in this Section. (2) Provided,
5however, no moneys deposited under subsection (a) of this
6Section shall be paid from the Public Transportation Fund to
7the Authority or its assignee for any fiscal year until the
8Authority has certified to the Governor, the Comptroller, and
9the Mayor of the City of Chicago that it has adopted for that
10fiscal year an Annual Budget and Two-Year Financial Plan
11meeting the requirements in Section 4.01(b).
12 (c) In recognition of the efforts of the Authority to
13enhance the mass transportation facilities under its control,
14the State shall provide financial assistance ("Additional
15State Assistance") in excess of the amounts transferred to the
16Authority from the General Revenue Fund under subsection (a) of
17this Section. Additional State Assistance shall be calculated
18as provided in subsection (d), but shall in no event exceed the
19following specified amounts with respect to the following State
20fiscal years:
21 1990$5,000,000;
22 1991$5,000,000;
23 1992$10,000,000;
24 1993$10,000,000;
25 1994$20,000,000;
26 1995$30,000,000;

HB3342 Enrolled- 77 -LRB100 08528 SMS 18653 b
1 1996$40,000,000;
2 1997$50,000,000;
3 1998$55,000,000; and
4 each year thereafter$55,000,000.
5 (c-5) The State shall provide financial assistance
6("Additional Financial Assistance") in addition to the
7Additional State Assistance provided by subsection (c) and the
8amounts transferred to the Authority from the General Revenue
9Fund under subsection (a) of this Section. Additional Financial
10Assistance provided by this subsection shall be calculated as
11provided in subsection (d), but shall in no event exceed the
12following specified amounts with respect to the following State
13fiscal years:
14 2000$0;
15 2001$16,000,000;
16 2002$35,000,000;
17 2003$54,000,000;
18 2004$73,000,000;
19 2005$93,000,000; and
20 each year thereafter$100,000,000.
21 (d) Beginning with State fiscal year 1990 and continuing
22for each State fiscal year thereafter, the Authority shall
23annually certify to the State Comptroller and State Treasurer,
24separately with respect to each of subdivisions (g)(2) and
25(g)(3) of Section 4.04 of this Act, the following amounts:
26 (1) The amount necessary and required, during the State

HB3342 Enrolled- 78 -LRB100 08528 SMS 18653 b
1 fiscal year with respect to which the certification is
2 made, to pay its obligations for debt service on all
3 outstanding bonds or notes issued by the Authority under
4 subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act.
5 (2) An estimate of the amount necessary and required to
6 pay its obligations for debt service for any bonds or notes
7 which the Authority anticipates it will issue under
8 subdivisions (g)(2) and (g)(3) of Section 4.04 during that
9 State fiscal year.
10 (3) Its debt service savings during the preceding State
11 fiscal year from refunding or advance refunding of bonds or
12 notes issued under subdivisions (g)(2) and (g)(3) of
13 Section 4.04.
14 (4) The amount of interest, if any, earned by the
15 Authority during the previous State fiscal year on the
16 proceeds of bonds or notes issued pursuant to subdivisions
17 (g)(2) and (g)(3) of Section 4.04, other than refunding or
18 advance refunding bonds or notes.
19 The certification shall include a specific schedule of debt
20service payments, including the date and amount of each payment
21for all outstanding bonds or notes and an estimated schedule of
22anticipated debt service for all bonds and notes it intends to
23issue, if any, during that State fiscal year, including the
24estimated date and estimated amount of each payment.
25 Immediately upon the issuance of bonds for which an
26estimated schedule of debt service payments was prepared, the

HB3342 Enrolled- 79 -LRB100 08528 SMS 18653 b
1Authority shall file an amended certification with respect to
2item (2) above, to specify the actual schedule of debt service
3payments, including the date and amount of each payment, for
4the remainder of the State fiscal year.
5 On the first day of each month of the State fiscal year in
6which there are bonds outstanding with respect to which the
7certification is made, the State Comptroller shall order
8transferred and the State Treasurer shall transfer from the
9Road Fund to the Public Transportation Fund the Additional
10State Assistance and Additional Financial Assistance in an
11amount equal to the aggregate of (i) one-twelfth of the sum of
12the amounts certified under items (1) and (3) above less the
13amount certified under item (4) above, plus (ii) the amount
14required to pay debt service on bonds and notes issued during
15the fiscal year, if any, divided by the number of months
16remaining in the fiscal year after the date of issuance, or
17some smaller portion as may be necessary under subsection (c)
18or (c-5) of this Section for the relevant State fiscal year,
19plus (iii) any cumulative deficiencies in transfers for prior
20months, until an amount equal to the sum of the amounts
21certified under items (1) and (3) above, plus the actual debt
22service certified under item (2) above, less the amount
23certified under item (4) above, has been transferred; except
24that these transfers are subject to the following limits:
25 (A) In no event shall the total transfers in any State
26 fiscal year relating to outstanding bonds and notes issued

HB3342 Enrolled- 80 -LRB100 08528 SMS 18653 b
1 by the Authority under subdivision (g)(2) of Section 4.04
2 exceed the lesser of the annual maximum amount specified in
3 subsection (c) or the sum of the amounts certified under
4 items (1) and (3) above, plus the actual debt service
5 certified under item (2) above, less the amount certified
6 under item (4) above, with respect to those bonds and
7 notes.
8 (B) In no event shall the total transfers in any State
9 fiscal year relating to outstanding bonds and notes issued
10 by the Authority under subdivision (g)(3) of Section 4.04
11 exceed the lesser of the annual maximum amount specified in
12 subsection (c-5) or the sum of the amounts certified under
13 items (1) and (3) above, plus the actual debt service
14 certified under item (2) above, less the amount certified
15 under item (4) above, with respect to those bonds and
16 notes.
17 The term "outstanding" does not include bonds or notes for
18which refunding or advance refunding bonds or notes have been
19issued.
20 (e) Neither Additional State Assistance nor Additional
21Financial Assistance may be pledged, either directly or
22indirectly as general revenues of the Authority, as security
23for any bonds issued by the Authority. The Authority may not
24assign its right to receive Additional State Assistance or
25Additional Financial Assistance, or direct payment of
26Additional State Assistance or Additional Financial

HB3342 Enrolled- 81 -LRB100 08528 SMS 18653 b
1Assistance, to a trustee or any other entity for the payment of
2debt service on its bonds.
3 (f) The certification required under subsection (d) with
4respect to outstanding bonds and notes of the Authority shall
5be filed as early as practicable before the beginning of the
6State fiscal year to which it relates. The certification shall
7be revised as may be necessary to accurately state the debt
8service requirements of the Authority.
9 (g) Within 6 months of the end of each fiscal year, the
10Authority shall determine:
11 (i) whether the aggregate of all system generated
12 revenues for public transportation in the metropolitan
13 region which is provided by, or under grant or purchase of
14 service contracts with, the Service Boards equals 50% of
15 the aggregate of all costs of providing such public
16 transportation. "System generated revenues" include all
17 the proceeds of fares and charges for services provided,
18 contributions received in connection with public
19 transportation from units of local government other than
20 the Authority, except for contributions received by the
21 Chicago Transit Authority from a real estate transfer tax
22 imposed under subsection (i) of Section 8-3-19 of the
23 Illinois Municipal Code, and from the State pursuant to
24 subsection (i) of Section 2705-305 of the Department of
25 Transportation Law (20 ILCS 2705/2705-305), and all other
26 revenues properly included consistent with generally

HB3342 Enrolled- 82 -LRB100 08528 SMS 18653 b
1 accepted accounting principles but may not include: the
2 proceeds from any borrowing, and, beginning with the 2007
3 fiscal year, all revenues and receipts, including but not
4 limited to fares and grants received from the federal,
5 State or any unit of local government or other entity,
6 derived from providing ADA paratransit service pursuant to
7 Section 2.30 of the Regional Transportation Authority Act.
8 "Costs" include all items properly included as operating
9 costs consistent with generally accepted accounting
10 principles, including administrative costs, but do not
11 include: depreciation; payment of principal and interest
12 on bonds, notes or other evidences of obligations for
13 borrowed money of the Authority; payments with respect to
14 public transportation facilities made pursuant to
15 subsection (b) of Section 2.20; any payments with respect
16 to rate protection contracts, credit enhancements or
17 liquidity agreements made under Section 4.14; any other
18 cost as to which it is reasonably expected that a cash
19 expenditure will not be made; costs for passenger security
20 including grants, contracts, personnel, equipment and
21 administrative expenses, except in the case of the Chicago
22 Transit Authority, in which case the term does not include
23 costs spent annually by that entity for protection against
24 crime as required by Section 27a of the Metropolitan
25 Transit Authority Act; the costs of Debt Service paid by
26 the Chicago Transit Authority, as defined in Section 12c of

HB3342 Enrolled- 83 -LRB100 08528 SMS 18653 b
1 the Metropolitan Transit Authority Act, or bonds or notes
2 issued pursuant to that Section; the payment by the
3 Commuter Rail Division of debt service on bonds issued
4 pursuant to Section 3B.09; expenses incurred by the
5 Suburban Bus Division for the cost of new public
6 transportation services funded from grants pursuant to
7 Section 2.01e of this amendatory Act of the 95th General
8 Assembly for a period of 2 years from the date of
9 initiation of each such service; costs as exempted by the
10 Board for projects pursuant to Section 2.09 of this Act;
11 or, beginning with the 2007 fiscal year, expenses related
12 to providing ADA paratransit service pursuant to Section
13 2.30 of the Regional Transportation Authority Act; or in
14 fiscal years 2008 through 2012 inclusive, costs in the
15 amount of $200,000,000 in fiscal year 2008, reducing by
16 $40,000,000 in each fiscal year thereafter until this
17 exemption is eliminated. If said system generated revenues
18 are less than 50% of said costs, the Board shall remit an
19 amount equal to the amount of the deficit to the State. The
20 Treasurer shall deposit any such payment in the Road Fund;
21 and
22 (ii) whether, beginning with the 2007 fiscal year, the
23 aggregate of all fares charged and received for ADA
24 paratransit services equals the system generated ADA
25 paratransit services revenue recovery ratio percentage of
26 the aggregate of all costs of providing such ADA

HB3342 Enrolled- 84 -LRB100 08528 SMS 18653 b
1 paratransit services.
2 (h) If the Authority makes any payment to the State under
3paragraph (g), the Authority shall reduce the amount provided
4to a Service Board from funds transferred under paragraph (a)
5in proportion to the amount by which that Service Board failed
6to meet its required system generated revenues recovery ratio.
7A Service Board which is affected by a reduction in funds under
8this paragraph shall submit to the Authority concurrently with
9its next due quarterly report a revised budget incorporating
10the reduction in funds. The revised budget must meet the
11criteria specified in clauses (i) through (vi) of Section
124.11(b)(2). The Board shall review and act on the revised
13budget as provided in Section 4.11(b)(3).
14(Source: P.A. 100-23, eff. 7-6-17.)
15
ARTICLE 10. RETIREMENT CONTRIBUTIONS
16 Section 10-5. The State Pension Funds Continuing
17Appropriation Act is amended by changing Section 1.2 as
18follows:
19 (40 ILCS 15/1.2)
20 Sec. 1.2. Appropriations for the State Employees'
21Retirement System.
22 (a) From each fund from which an amount is appropriated for
23personal services to a department or other employer under

HB3342 Enrolled- 85 -LRB100 08528 SMS 18653 b
1Article 14 of the Illinois Pension Code, there is hereby
2appropriated to that department or other employer, on a
3continuing annual basis for each State fiscal year, an
4additional amount equal to the amount, if any, by which (1) an
5amount equal to the percentage of the personal services line
6item for that department or employer from that fund for that
7fiscal year that the Board of Trustees of the State Employees'
8Retirement System of Illinois has certified under Section
914-135.08 of the Illinois Pension Code to be necessary to meet
10the State's obligation under Section 14-131 of the Illinois
11Pension Code for that fiscal year, exceeds (2) the amounts
12otherwise appropriated to that department or employer from that
13fund for State contributions to the State Employees' Retirement
14System for that fiscal year. From the effective date of this
15amendatory Act of the 93rd General Assembly through the final
16payment from a department or employer's personal services line
17item for fiscal year 2004, payments to the State Employees'
18Retirement System that otherwise would have been made under
19this subsection (a) shall be governed by the provisions in
20subsection (a-1).
21 (a-1) If a Fiscal Year 2004 Shortfall is certified under
22subsection (f) of Section 14-131 of the Illinois Pension Code,
23there is hereby appropriated to the State Employees' Retirement
24System of Illinois on a continuing basis from the General
25Revenue Fund an additional aggregate amount equal to the Fiscal
26Year 2004 Shortfall.

HB3342 Enrolled- 86 -LRB100 08528 SMS 18653 b
1 (a-2) If a Fiscal Year 2010 Shortfall is certified under
2subsection (i) of Section 14-131 of the Illinois Pension Code,
3there is hereby appropriated to the State Employees' Retirement
4System of Illinois on a continuing basis from the General
5Revenue Fund an additional aggregate amount equal to the Fiscal
6Year 2010 Shortfall.
7 (a-3) If a Fiscal Year 2016 Shortfall is certified under
8subsection (k) of Section 14-131 of the Illinois Pension Code,
9there is hereby appropriated to the State Employees' Retirement
10System of Illinois on a continuing basis from the General
11Revenue Fund an additional aggregate amount equal to the Fiscal
12Year 2016 Shortfall.
13 (a-4) If a Prior Fiscal Year Shortfall is certified under
14subsection (k) of Section 14-131 of the Illinois Pension Code,
15there is hereby appropriated to the State Employees' Retirement
16System of Illinois on a continuing basis from the General
17Revenue Fund an additional aggregate amount equal to the Fiscal
18Year 2018 2017 Shortfall.
19 (b) The continuing appropriations provided for by this
20Section shall first be available in State fiscal year 1996.
21 (c) Beginning in Fiscal Year 2005, any continuing
22appropriation under this Section arising out of an
23appropriation for personal services from the Road Fund to the
24Department of State Police or the Secretary of State shall be
25payable from the General Revenue Fund rather than the Road
26Fund.

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1 (d) For State fiscal year 2010 only, a continuing
2appropriation is provided to the State Employees' Retirement
3System equal to the amount certified by the System on or before
4December 31, 2008, less the gross proceeds of the bonds sold in
5fiscal year 2010 under the authorization contained in
6subsection (a) of Section 7.2 of the General Obligation Bond
7Act.
8 (e) For State fiscal year 2011 only, the continuing
9appropriation under this Section provided to the State
10Employees' Retirement System is limited to an amount equal to
11the amount certified by the System on or before December 31,
122009, less any amounts received pursuant to subsection (a-3) of
13Section 14.1 of the State Finance Act.
14 (f) For State fiscal year 2011 only, a continuing
15appropriation is provided to the State Employees' Retirement
16System equal to the amount certified by the System on or before
17April 1, 2011, less the gross proceeds of the bonds sold in
18fiscal year 2011 under the authorization contained in
19subsection (a) of Section 7.2 of the General Obligation Bond
20Act.
21(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
22
ARTICLE 15. HUMAN SERVICES
23 Section 15-5. The Illinois Act on Aging is amended by
24changing Section 4.02 as follows:

HB3342 Enrolled- 88 -LRB100 08528 SMS 18653 b
1 (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
2 Sec. 4.02. Community Care Program. The Department shall
3establish a program of services to prevent unnecessary
4institutionalization of persons age 60 and older in need of
5long term care or who are established as persons who suffer
6from Alzheimer's disease or a related disorder under the
7Alzheimer's Disease Assistance Act, thereby enabling them to
8remain in their own homes or in other living arrangements. Such
9preventive services, which may be coordinated with other
10programs for the aged and monitored by area agencies on aging
11in cooperation with the Department, may include, but are not
12limited to, any or all of the following:
13 (a) (blank);
14 (b) (blank);
15 (c) home care aide services;
16 (d) personal assistant services;
17 (e) adult day services;
18 (f) home-delivered meals;
19 (g) education in self-care;
20 (h) personal care services;
21 (i) adult day health services;
22 (j) habilitation services;
23 (k) respite care;
24 (k-5) community reintegration services;
25 (k-6) flexible senior services;

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1 (k-7) medication management;
2 (k-8) emergency home response;
3 (l) other nonmedical social services that may enable
4 the person to become self-supporting; or
5 (m) clearinghouse for information provided by senior
6 citizen home owners who want to rent rooms to or share
7 living space with other senior citizens.
8 The Department shall establish eligibility standards for
9such services. In determining the amount and nature of services
10for which a person may qualify, consideration shall not be
11given to the value of cash, property or other assets held in
12the name of the person's spouse pursuant to a written agreement
13dividing marital property into equal but separate shares or
14pursuant to a transfer of the person's interest in a home to
15his spouse, provided that the spouse's share of the marital
16property is not made available to the person seeking such
17services.
18 Beginning January 1, 2008, the Department shall require as
19a condition of eligibility that all new financially eligible
20applicants apply for and enroll in medical assistance under
21Article V of the Illinois Public Aid Code in accordance with
22rules promulgated by the Department.
23 The Department shall, in conjunction with the Department of
24Public Aid (now Department of Healthcare and Family Services),
25seek appropriate amendments under Sections 1915 and 1924 of the
26Social Security Act. The purpose of the amendments shall be to

HB3342 Enrolled- 90 -LRB100 08528 SMS 18653 b
1extend eligibility for home and community based services under
2Sections 1915 and 1924 of the Social Security Act to persons
3who transfer to or for the benefit of a spouse those amounts of
4income and resources allowed under Section 1924 of the Social
5Security Act. Subject to the approval of such amendments, the
6Department shall extend the provisions of Section 5-4 of the
7Illinois Public Aid Code to persons who, but for the provision
8of home or community-based services, would require the level of
9care provided in an institution, as is provided for in federal
10law. Those persons no longer found to be eligible for receiving
11noninstitutional services due to changes in the eligibility
12criteria shall be given 45 days notice prior to actual
13termination. Those persons receiving notice of termination may
14contact the Department and request the determination be
15appealed at any time during the 45 day notice period. The
16target population identified for the purposes of this Section
17are persons age 60 and older with an identified service need.
18Priority shall be given to those who are at imminent risk of
19institutionalization. The services shall be provided to
20eligible persons age 60 and older to the extent that the cost
21of the services together with the other personal maintenance
22expenses of the persons are reasonably related to the standards
23established for care in a group facility appropriate to the
24person's condition. These non-institutional services, pilot
25projects or experimental facilities may be provided as part of
26or in addition to those authorized by federal law or those

HB3342 Enrolled- 91 -LRB100 08528 SMS 18653 b
1funded and administered by the Department of Human Services.
2The Departments of Human Services, Healthcare and Family
3Services, Public Health, Veterans' Affairs, and Commerce and
4Economic Opportunity and other appropriate agencies of State,
5federal and local governments shall cooperate with the
6Department on Aging in the establishment and development of the
7non-institutional services. The Department shall require an
8annual audit from all personal assistant and home care aide
9vendors contracting with the Department under this Section. The
10annual audit shall assure that each audited vendor's procedures
11are in compliance with Department's financial reporting
12guidelines requiring an administrative and employee wage and
13benefits cost split as defined in administrative rules. The
14audit is a public record under the Freedom of Information Act.
15The Department shall execute, relative to the nursing home
16prescreening project, written inter-agency agreements with the
17Department of Human Services and the Department of Healthcare
18and Family Services, to effect the following: (1) intake
19procedures and common eligibility criteria for those persons
20who are receiving non-institutional services; and (2) the
21establishment and development of non-institutional services in
22areas of the State where they are not currently available or
23are undeveloped. On and after July 1, 1996, all nursing home
24prescreenings for individuals 60 years of age or older shall be
25conducted by the Department.
26 As part of the Department on Aging's routine training of

HB3342 Enrolled- 92 -LRB100 08528 SMS 18653 b
1case managers and case manager supervisors, the Department may
2include information on family futures planning for persons who
3are age 60 or older and who are caregivers of their adult
4children with developmental disabilities. The content of the
5training shall be at the Department's discretion.
6 The Department is authorized to establish a system of
7recipient copayment for services provided under this Section,
8such copayment to be based upon the recipient's ability to pay
9but in no case to exceed the actual cost of the services
10provided. Additionally, any portion of a person's income which
11is equal to or less than the federal poverty standard shall not
12be considered by the Department in determining the copayment.
13The level of such copayment shall be adjusted whenever
14necessary to reflect any change in the officially designated
15federal poverty standard.
16 The Department, or the Department's authorized
17representative, may recover the amount of moneys expended for
18services provided to or in behalf of a person under this
19Section by a claim against the person's estate or against the
20estate of the person's surviving spouse, but no recovery may be
21had until after the death of the surviving spouse, if any, and
22then only at such time when there is no surviving child who is
23under age 21 or blind or who has a permanent and total
24disability. This paragraph, however, shall not bar recovery, at
25the death of the person, of moneys for services provided to the
26person or in behalf of the person under this Section to which

HB3342 Enrolled- 93 -LRB100 08528 SMS 18653 b
1the person was not entitled; provided that such recovery shall
2not be enforced against any real estate while it is occupied as
3a homestead by the surviving spouse or other dependent, if no
4claims by other creditors have been filed against the estate,
5or, if such claims have been filed, they remain dormant for
6failure of prosecution or failure of the claimant to compel
7administration of the estate for the purpose of payment. This
8paragraph shall not bar recovery from the estate of a spouse,
9under Sections 1915 and 1924 of the Social Security Act and
10Section 5-4 of the Illinois Public Aid Code, who precedes a
11person receiving services under this Section in death. All
12moneys for services paid to or in behalf of the person under
13this Section shall be claimed for recovery from the deceased
14spouse's estate. "Homestead", as used in this paragraph, means
15the dwelling house and contiguous real estate occupied by a
16surviving spouse or relative, as defined by the rules and
17regulations of the Department of Healthcare and Family
18Services, regardless of the value of the property.
19 The Department shall increase the effectiveness of the
20existing Community Care Program by:
21 (1) ensuring that in-home services included in the care
22 plan are available on evenings and weekends;
23 (2) ensuring that care plans contain the services that
24 eligible participants need based on the number of days in a
25 month, not limited to specific blocks of time, as
26 identified by the comprehensive assessment tool selected

HB3342 Enrolled- 94 -LRB100 08528 SMS 18653 b
1 by the Department for use statewide, not to exceed the
2 total monthly service cost maximum allowed for each
3 service; the Department shall develop administrative rules
4 to implement this item (2);
5 (3) ensuring that the participants have the right to
6 choose the services contained in their care plan and to
7 direct how those services are provided, based on
8 administrative rules established by the Department;
9 (4) ensuring that the determination of need tool is
10 accurate in determining the participants' level of need; to
11 achieve this, the Department, in conjunction with the Older
12 Adult Services Advisory Committee, shall institute a study
13 of the relationship between the Determination of Need
14 scores, level of need, service cost maximums, and the
15 development and utilization of service plans no later than
16 May 1, 2008; findings and recommendations shall be
17 presented to the Governor and the General Assembly no later
18 than January 1, 2009; recommendations shall include all
19 needed changes to the service cost maximums schedule and
20 additional covered services;
21 (5) ensuring that homemakers can provide personal care
22 services that may or may not involve contact with clients,
23 including but not limited to:
24 (A) bathing;
25 (B) grooming;
26 (C) toileting;

HB3342 Enrolled- 95 -LRB100 08528 SMS 18653 b
1 (D) nail care;
2 (E) transferring;
3 (F) respiratory services;
4 (G) exercise; or
5 (H) positioning;
6 (6) ensuring that homemaker program vendors are not
7 restricted from hiring homemakers who are family members of
8 clients or recommended by clients; the Department may not,
9 by rule or policy, require homemakers who are family
10 members of clients or recommended by clients to accept
11 assignments in homes other than the client;
12 (7) ensuring that the State may access maximum federal
13 matching funds by seeking approval for the Centers for
14 Medicare and Medicaid Services for modifications to the
15 State's home and community based services waiver and
16 additional waiver opportunities, including applying for
17 enrollment in the Balance Incentive Payment Program by May
18 1, 2013, in order to maximize federal matching funds; this
19 shall include, but not be limited to, modification that
20 reflects all changes in the Community Care Program services
21 and all increases in the services cost maximum;
22 (8) ensuring that the determination of need tool
23 accurately reflects the service needs of individuals with
24 Alzheimer's disease and related dementia disorders;
25 (9) ensuring that services are authorized accurately
26 and consistently for the Community Care Program (CCP); the

HB3342 Enrolled- 96 -LRB100 08528 SMS 18653 b
1 Department shall implement a Service Authorization policy
2 directive; the purpose shall be to ensure that eligibility
3 and services are authorized accurately and consistently in
4 the CCP program; the policy directive shall clarify service
5 authorization guidelines to Care Coordination Units and
6 Community Care Program providers no later than May 1, 2013;
7 (10) working in conjunction with Care Coordination
8 Units, the Department of Healthcare and Family Services,
9 the Department of Human Services, Community Care Program
10 providers, and other stakeholders to make improvements to
11 the Medicaid claiming processes and the Medicaid
12 enrollment procedures or requirements as needed,
13 including, but not limited to, specific policy changes or
14 rules to improve the up-front enrollment of participants in
15 the Medicaid program and specific policy changes or rules
16 to insure more prompt submission of bills to the federal
17 government to secure maximum federal matching dollars as
18 promptly as possible; the Department on Aging shall have at
19 least 3 meetings with stakeholders by January 1, 2014 in
20 order to address these improvements;
21 (11) requiring home care service providers to comply
22 with the rounding of hours worked provisions under the
23 federal Fair Labor Standards Act (FLSA) and as set forth in
24 29 CFR 785.48(b) by May 1, 2013;
25 (12) implementing any necessary policy changes or
26 promulgating any rules, no later than January 1, 2014, to

HB3342 Enrolled- 97 -LRB100 08528 SMS 18653 b
1 assist the Department of Healthcare and Family Services in
2 moving as many participants as possible, consistent with
3 federal regulations, into coordinated care plans if a care
4 coordination plan that covers long term care is available
5 in the recipient's area; and
6 (13) maintaining fiscal year 2014 rates at the same
7 level established on January 1, 2013.
8 By January 1, 2009 or as soon after the end of the Cash and
9Counseling Demonstration Project as is practicable, the
10Department may, based on its evaluation of the demonstration
11project, promulgate rules concerning personal assistant
12services, to include, but need not be limited to,
13qualifications, employment screening, rights under fair labor
14standards, training, fiduciary agent, and supervision
15requirements. All applicants shall be subject to the provisions
16of the Health Care Worker Background Check Act.
17 The Department shall develop procedures to enhance
18availability of services on evenings, weekends, and on an
19emergency basis to meet the respite needs of caregivers.
20Procedures shall be developed to permit the utilization of
21services in successive blocks of 24 hours up to the monthly
22maximum established by the Department. Workers providing these
23services shall be appropriately trained.
24 Beginning on the effective date of this amendatory Act of
251991, no person may perform chore/housekeeping and home care
26aide services under a program authorized by this Section unless

HB3342 Enrolled- 98 -LRB100 08528 SMS 18653 b
1that person has been issued a certificate of pre-service to do
2so by his or her employing agency. Information gathered to
3effect such certification shall include (i) the person's name,
4(ii) the date the person was hired by his or her current
5employer, and (iii) the training, including dates and levels.
6Persons engaged in the program authorized by this Section
7before the effective date of this amendatory Act of 1991 shall
8be issued a certificate of all pre- and in-service training
9from his or her employer upon submitting the necessary
10information. The employing agency shall be required to retain
11records of all staff pre- and in-service training, and shall
12provide such records to the Department upon request and upon
13termination of the employer's contract with the Department. In
14addition, the employing agency is responsible for the issuance
15of certifications of in-service training completed to their
16employees.
17 The Department is required to develop a system to ensure
18that persons working as home care aides and personal assistants
19receive increases in their wages when the federal minimum wage
20is increased by requiring vendors to certify that they are
21meeting the federal minimum wage statute for home care aides
22and personal assistants. An employer that cannot ensure that
23the minimum wage increase is being given to home care aides and
24personal assistants shall be denied any increase in
25reimbursement costs.
26 The Community Care Program Advisory Committee is created in

HB3342 Enrolled- 99 -LRB100 08528 SMS 18653 b
1the Department on Aging. The Director shall appoint individuals
2to serve in the Committee, who shall serve at their own
3expense. Members of the Committee must abide by all applicable
4ethics laws. The Committee shall advise the Department on
5issues related to the Department's program of services to
6prevent unnecessary institutionalization. The Committee shall
7meet on a bi-monthly basis and shall serve to identify and
8advise the Department on present and potential issues affecting
9the service delivery network, the program's clients, and the
10Department and to recommend solution strategies. Persons
11appointed to the Committee shall be appointed on, but not
12limited to, their own and their agency's experience with the
13program, geographic representation, and willingness to serve.
14The Director shall appoint members to the Committee to
15represent provider, advocacy, policy research, and other
16constituencies committed to the delivery of high quality home
17and community-based services to older adults. Representatives
18shall be appointed to ensure representation from community care
19providers including, but not limited to, adult day service
20providers, homemaker providers, case coordination and case
21management units, emergency home response providers, statewide
22trade or labor unions that represent home care aides and direct
23care staff, area agencies on aging, adults over age 60,
24membership organizations representing older adults, and other
25organizational entities, providers of care, or individuals
26with demonstrated interest and expertise in the field of home

HB3342 Enrolled- 100 -LRB100 08528 SMS 18653 b
1and community care as determined by the Director.
2 Nominations may be presented from any agency or State
3association with interest in the program. The Director, or his
4or her designee, shall serve as the permanent co-chair of the
5advisory committee. One other co-chair shall be nominated and
6approved by the members of the committee on an annual basis.
7Committee members' terms of appointment shall be for 4 years
8with one-quarter of the appointees' terms expiring each year. A
9member shall continue to serve until his or her replacement is
10named. The Department shall fill vacancies that have a
11remaining term of over one year, and this replacement shall
12occur through the annual replacement of expiring terms. The
13Director shall designate Department staff to provide technical
14assistance and staff support to the committee. Department
15representation shall not constitute membership of the
16committee. All Committee papers, issues, recommendations,
17reports, and meeting memoranda are advisory only. The Director,
18or his or her designee, shall make a written report, as
19requested by the Committee, regarding issues before the
20Committee.
21 The Department on Aging and the Department of Human
22Services shall cooperate in the development and submission of
23an annual report on programs and services provided under this
24Section. Such joint report shall be filed with the Governor and
25the General Assembly on or before September 30 each year.
26 The requirement for reporting to the General Assembly shall

HB3342 Enrolled- 101 -LRB100 08528 SMS 18653 b
1be satisfied by filing copies of the report with the Speaker,
2the Minority Leader and the Clerk of the House of
3Representatives and the President, the Minority Leader and the
4Secretary of the Senate and the Legislative Research Unit, as
5required by Section 3.1 of the General Assembly Organization
6Act and filing such additional copies with the State Government
7Report Distribution Center for the General Assembly as is
8required under paragraph (t) of Section 7 of the State Library
9Act.
10 Those persons previously found eligible for receiving
11non-institutional services whose services were discontinued
12under the Emergency Budget Act of Fiscal Year 1992, and who do
13not meet the eligibility standards in effect on or after July
141, 1992, shall remain ineligible on and after July 1, 1992.
15Those persons previously not required to cost-share and who
16were required to cost-share effective March 1, 1992, shall
17continue to meet cost-share requirements on and after July 1,
181992. Beginning July 1, 1992, all clients will be required to
19meet eligibility, cost-share, and other requirements and will
20have services discontinued or altered when they fail to meet
21these requirements.
22 For the purposes of this Section, "flexible senior
23services" refers to services that require one-time or periodic
24expenditures including, but not limited to, respite care, home
25modification, assistive technology, housing assistance, and
26transportation.

HB3342 Enrolled- 102 -LRB100 08528 SMS 18653 b
1 The Department shall implement an electronic service
2verification based on global positioning systems or other
3cost-effective technology for the Community Care Program no
4later than January 1, 2014.
5 The Department shall require, as a condition of
6eligibility, enrollment in the medical assistance program
7under Article V of the Illinois Public Aid Code (i) beginning
8August 1, 2013, if the Auditor General has reported that the
9Department has failed to comply with the reporting requirements
10of Section 2-27 of the Illinois State Auditing Act; or (ii)
11beginning June 1, 2014, if the Auditor General has reported
12that the Department has not undertaken the required actions
13listed in the report required by subsection (a) of Section 2-27
14of the Illinois State Auditing Act.
15 The Department shall delay Community Care Program services
16until an applicant is determined eligible for medical
17assistance under Article V of the Illinois Public Aid Code (i)
18beginning August 1, 2013, if the Auditor General has reported
19that the Department has failed to comply with the reporting
20requirements of Section 2-27 of the Illinois State Auditing
21Act; or (ii) beginning June 1, 2014, if the Auditor General has
22reported that the Department has not undertaken the required
23actions listed in the report required by subsection (a) of
24Section 2-27 of the Illinois State Auditing Act.
25 The Department shall implement co-payments for the
26Community Care Program at the federally allowable maximum level

HB3342 Enrolled- 103 -LRB100 08528 SMS 18653 b
1(i) beginning August 1, 2013, if the Auditor General has
2reported that the Department has failed to comply with the
3reporting requirements of Section 2-27 of the Illinois State
4Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
5General has reported that the Department has not undertaken the
6required actions listed in the report required by subsection
7(a) of Section 2-27 of the Illinois State Auditing Act.
8 The Department shall provide a bi-monthly report on the
9progress of the Community Care Program reforms set forth in
10this amendatory Act of the 98th General Assembly to the
11Governor, the Speaker of the House of Representatives, the
12Minority Leader of the House of Representatives, the President
13of the Senate, and the Minority Leader of the Senate.
14 The Department shall conduct a quarterly review of Care
15Coordination Unit performance and adherence to service
16guidelines. The quarterly review shall be reported to the
17Speaker of the House of Representatives, the Minority Leader of
18the House of Representatives, the President of the Senate, and
19the Minority Leader of the Senate. The Department shall collect
20and report longitudinal data on the performance of each care
21coordination unit. Nothing in this paragraph shall be construed
22to require the Department to identify specific care
23coordination units.
24 In regard to community care providers, failure to comply
25with Department on Aging policies shall be cause for
26disciplinary action, including, but not limited to,

HB3342 Enrolled- 104 -LRB100 08528 SMS 18653 b
1disqualification from serving Community Care Program clients.
2Each provider, upon submission of any bill or invoice to the
3Department for payment for services rendered, shall include a
4notarized statement, under penalty of perjury pursuant to
5Section 1-109 of the Code of Civil Procedure, that the provider
6has complied with all Department policies.
7 The Director of the Department on Aging shall make
8information available to the State Board of Elections as may be
9required by an agreement the State Board of Elections has
10entered into with a multi-state voter registration list
11maintenance system.
12 Within 30 days after July 6, 2017 (the effective date of
13Public Act 100-23) this amendatory Act of the 100th General
14Assembly, rates shall be increased to $18.29 per hour, for the
15purpose of increasing, by at least $.72 per hour, the wages
16paid by those vendors to their employees who provide homemaker
17services. The Department shall pay an enhanced rate under the
18Community Care Program to those in-home service provider
19agencies that offer health insurance coverage as a benefit to
20their direct service worker employees consistent with the
21mandates of Public Act 95-713. For State fiscal years year 2018
22and 2019, the enhanced rate shall be $1.77 per hour. The rate
23shall be adjusted using actuarial analysis based on the cost of
24care, but shall not be set below $1.77 per hour. The Department
25shall adopt rules, including emergency rules under subsections
26subsection (y) and (bb) of Section 5-45 of the Illinois

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1Administrative Procedure Act, to implement the provisions of
2this paragraph.
3 The General Assembly finds it necessary to authorize an
4aggressive Medicaid enrollment initiative designed to maximize
5federal Medicaid funding for the Community Care Program which
6produces significant savings for the State of Illinois. The
7Department on Aging shall establish and implement a Community
8Care Program Medicaid Initiative. Under the Initiative, the
9Department on Aging shall, at a minimum: (i) provide an
10enhanced rate to adequately compensate care coordination units
11to enroll eligible Community Care Program clients into
12Medicaid; (ii) use recommendations from a stakeholder
13committee on how best to implement the Initiative; and (iii)
14establish requirements for State agencies to make enrollment in
15the State's Medical Assistance program easier for seniors.
16 The Community Care Program Medicaid Enrollment Oversight
17Subcommittee is created as a subcommittee of the Older Adult
18Services Advisory Committee established in Section 35 of the
19Older Adult Services Act to make recommendations on how best to
20increase the number of medical assistance recipients who are
21enrolled in the Community Care Program. The Subcommittee shall
22consist of all of the following persons who must be appointed
23within 30 days after the effective date of this amendatory Act
24of the 100th General Assembly:
25 (1) The Director of Aging, or his or her designee, who
26 shall serve as the chairperson of the Subcommittee.

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1 (2) One representative of the Department of Healthcare
2 and Family Services, appointed by the Director of
3 Healthcare and Family Services.
4 (3) One representative of the Department of Human
5 Services, appointed by the Secretary of Human Services.
6 (4) One individual representing a care coordination
7 unit, appointed by the Director of Aging.
8 (5) One individual from a non-governmental statewide
9 organization that advocates for seniors, appointed by the
10 Director of Aging.
11 (6) One individual representing Area Agencies on
12 Aging, appointed by the Director of Aging.
13 (7) One individual from a statewide association
14 dedicated to Alzheimer's care, support, and research,
15 appointed by the Director of Aging.
16 (8) One individual from an organization that employs
17 persons who provide services under the Community Care
18 Program, appointed by the Director of Aging.
19 (9) One member of a trade or labor union representing
20 persons who provide services under the Community Care
21 Program, appointed by the Director of Aging.
22 (10) One member of the Senate, who shall serve as
23 co-chairperson, appointed by the President of the Senate.
24 (11) One member of the Senate, who shall serve as
25 co-chairperson, appointed by the Minority Leader of the
26 Senate.

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1 (12) One member of the House of Representatives, who
2 shall serve as co-chairperson, appointed by the Speaker of
3 the House of Representatives.
4 (13) One member of the House of Representatives, who
5 shall serve as co-chairperson, appointed by the Minority
6 Leader of the House of Representatives.
7 (14) One individual appointed by a labor organization
8 representing frontline employees at the Department of
9 Human Services.
10 The Subcommittee shall provide oversight to the Community
11Care Program Medicaid Initiative and shall meet quarterly. At
12each Subcommittee meeting the Department on Aging shall provide
13the following data sets to the Subcommittee: (A) the number of
14Illinois residents, categorized by planning and service area,
15who are receiving services under the Community Care Program and
16are enrolled in the State's Medical Assistance Program; (B) the
17number of Illinois residents, categorized by planning and
18service area, who are receiving services under the Community
19Care Program, but are not enrolled in the State's Medical
20Assistance Program; and (C) the number of Illinois residents,
21categorized by planning and service area, who are receiving
22services under the Community Care Program and are eligible for
23benefits under the State's Medical Assistance Program, but are
24not enrolled in the State's Medical Assistance Program. In
25addition to this data, the Department on Aging shall provide
26the Subcommittee with plans on how the Department on Aging will

HB3342 Enrolled- 108 -LRB100 08528 SMS 18653 b
1reduce the number of Illinois residents who are not enrolled in
2the State's Medical Assistance Program but who are eligible for
3medical assistance benefits. The Department on Aging shall
4enroll in the State's Medical Assistance Program those Illinois
5residents who receive services under the Community Care Program
6and are eligible for medical assistance benefits but are not
7enrolled in the State's Medicaid Assistance Program. The data
8provided to the Subcommittee shall be made available to the
9public via the Department on Aging's website.
10 The Department on Aging, with the involvement of the
11Subcommittee, shall collaborate with the Department of Human
12Services and the Department of Healthcare and Family Services
13on how best to achieve the responsibilities of the Community
14Care Program Medicaid Initiative.
15 The Department on Aging, the Department of Human Services,
16and the Department of Healthcare and Family Services shall
17coordinate and implement a streamlined process for seniors to
18access benefits under the State's Medical Assistance Program.
19 The Subcommittee shall collaborate with the Department of
20Human Services on the adoption of a uniform application
21submission process. The Department of Human Services and any
22other State agency involved with processing the medical
23assistance application of any person enrolled in the Community
24Care Program shall include the appropriate care coordination
25unit in all communications related to the determination or
26status of the application.

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1 The Community Care Program Medicaid Initiative shall
2provide targeted funding to care coordination units to help
3seniors complete their applications for medical assistance
4benefits. On and after July 1, 2019, care coordination units
5shall receive no less than $200 per completed application.
6 The Community Care Program Medicaid Initiative shall cease
7operation 5 years after the effective date of this amendatory
8Act of the 100th General Assembly, after which the Subcommittee
9shall dissolve.
10(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17.)
11 Section 15-10. The Alcoholism and Other Drug Abuse and
12Dependency Act is amended by adding Section 55-30 as follows:
13 (20 ILCS 301/55-30)
14 Sec. 55-30. Rate increase.
15 (a) Within 30 days after July 6, 2017 (the effective date
16of Public Act 100-23) this amendatory Act of the 100th General
17Assembly, the Division of Alcoholism and Substance Abuse shall
18by rule develop the increased rate methodology and annualize
19the increased rate beginning with State fiscal year 2018
20contracts to licensed providers of community based addiction
21treatment, based on the additional amounts appropriated for the
22purpose of providing a rate increase to licensed providers of
23community based addiction treatment. The Department shall
24adopt rules, including emergency rules under subsection (y) of

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1Section 5-45 of the Illinois Administrative Procedure Act, to
2implement the provisions of this Section.
3 (b) Within 30 days after the effective date of this
4amendatory Act of the 100th General Assembly, the Division of
5Substance Use Prevention and Recovery shall apply an increase
6in rates of 3% above the rate paid on June 30, 2017 to all
7Medicaid and non-Medicaid reimbursable service rates. The
8Department shall adopt rules, including emergency rules under
9subsection (bb) of Section 5-45 of the Illinois Administrative
10Procedure Act, to implement the provisions of this subsection
11(b).
12(Source: P.A. 100-23, eff. 7-6-17.)
13 Section 15-15. The Mental Health and Developmental
14Disabilities Administrative Act is amended by adding Section 75
15as follows:
16 (20 ILCS 1705/75)
17 Sec. 75. Rate increase. Within 30 days after July 6, 2017
18(the effective date of Public Act 100-23) this amendatory Act
19of the 100th General Assembly, the Division of Mental Health
20shall by rule develop the increased rate methodology and
21annualize the increased rate beginning with State fiscal year
222018 contracts to certified community mental health centers,
23based on the additional amounts appropriated for the purpose of
24providing a rate increase to certified community mental health

HB3342 Enrolled- 111 -LRB100 08528 SMS 18653 b
1centers, with the annualization to be maintained in State
2fiscal year 2019. The Department shall adopt rules, including
3emergency rules under subsections subsection (y) and (bb) of
4Section 5-45 of the Illinois Administrative Procedure Act, to
5implement the provisions of this Section.
6(Source: P.A. 100-23, eff. 7-6-17.)
7 Section 15-20. The Rehabilitation of Persons with
8Disabilities Act is amended by changing Section 3 as follows:
9 (20 ILCS 2405/3) (from Ch. 23, par. 3434)
10 Sec. 3. Powers and duties. The Department shall have the
11powers and duties enumerated herein:
12 (a) To co-operate with the federal government in the
13 administration of the provisions of the federal
14 Rehabilitation Act of 1973, as amended, of the Workforce
15 Innovation and Opportunity Act, and of the federal Social
16 Security Act to the extent and in the manner provided in
17 these Acts.
18 (b) To prescribe and supervise such courses of
19 vocational training and provide such other services as may
20 be necessary for the habilitation and rehabilitation of
21 persons with one or more disabilities, including the
22 administrative activities under subsection (e) of this
23 Section, and to co-operate with State and local school
24 authorities and other recognized agencies engaged in

HB3342 Enrolled- 112 -LRB100 08528 SMS 18653 b
1 habilitation, rehabilitation and comprehensive
2 rehabilitation services; and to cooperate with the
3 Department of Children and Family Services regarding the
4 care and education of children with one or more
5 disabilities.
6 (c) (Blank).
7 (d) To report in writing, to the Governor, annually on
8 or before the first day of December, and at such other
9 times and in such manner and upon such subjects as the
10 Governor may require. The annual report shall contain (1) a
11 statement of the existing condition of comprehensive
12 rehabilitation services, habilitation and rehabilitation
13 in the State; (2) a statement of suggestions and
14 recommendations with reference to the development of
15 comprehensive rehabilitation services, habilitation and
16 rehabilitation in the State; and (3) an itemized statement
17 of the amounts of money received from federal, State and
18 other sources, and of the objects and purposes to which the
19 respective items of these several amounts have been
20 devoted.
21 (e) (Blank).
22 (f) To establish a program of services to prevent the
23 unnecessary institutionalization of persons in need of
24 long term care and who meet the criteria for blindness or
25 disability as defined by the Social Security Act, thereby
26 enabling them to remain in their own homes. Such preventive

HB3342 Enrolled- 113 -LRB100 08528 SMS 18653 b
1 services include any or all of the following:
2 (1) personal assistant services;
3 (2) homemaker services;
4 (3) home-delivered meals;
5 (4) adult day care services;
6 (5) respite care;
7 (6) home modification or assistive equipment;
8 (7) home health services;
9 (8) electronic home response;
10 (9) brain injury behavioral/cognitive services;
11 (10) brain injury habilitation;
12 (11) brain injury pre-vocational services; or
13 (12) brain injury supported employment.
14 The Department shall establish eligibility standards
15 for such services taking into consideration the unique
16 economic and social needs of the population for whom they
17 are to be provided. Such eligibility standards may be based
18 on the recipient's ability to pay for services; provided,
19 however, that any portion of a person's income that is
20 equal to or less than the "protected income" level shall
21 not be considered by the Department in determining
22 eligibility. The "protected income" level shall be
23 determined by the Department, shall never be less than the
24 federal poverty standard, and shall be adjusted each year
25 to reflect changes in the Consumer Price Index For All
26 Urban Consumers as determined by the United States

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1 Department of Labor. The standards must provide that a
2 person may not have more than $10,000 in assets to be
3 eligible for the services, and the Department may increase
4 or decrease the asset limitation by rule. The Department
5 may not decrease the asset level below $10,000.
6 The services shall be provided, as established by the
7 Department by rule, to eligible persons to prevent
8 unnecessary or premature institutionalization, to the
9 extent that the cost of the services, together with the
10 other personal maintenance expenses of the persons, are
11 reasonably related to the standards established for care in
12 a group facility appropriate to their condition. These
13 non-institutional services, pilot projects or experimental
14 facilities may be provided as part of or in addition to
15 those authorized by federal law or those funded and
16 administered by the Illinois Department on Aging. The
17 Department shall set rates and fees for services in a fair
18 and equitable manner. Services identical to those offered
19 by the Department on Aging shall be paid at the same rate.
20 Except as otherwise provided in this paragraph,
21 personal Personal assistants shall be paid at a rate
22 negotiated between the State and an exclusive
23 representative of personal assistants under a collective
24 bargaining agreement. In no case shall the Department pay
25 personal assistants an hourly wage that is less than the
26 federal minimum wage. Within 30 days after July 6, 2017

HB3342 Enrolled- 115 -LRB100 08528 SMS 18653 b
1 (the effective date of Public Act 100-23) this amendatory
2 Act of the 100th General Assembly, the hourly wage paid to
3 personal assistants and individual maintenance home health
4 workers shall be increased by $0.48 per hour.
5 Solely for the purposes of coverage under the Illinois
6 Public Labor Relations Act, personal assistants providing
7 services under the Department's Home Services Program
8 shall be considered to be public employees and the State of
9 Illinois shall be considered to be their employer as of
10 July 16, 2003 (the effective date of Public Act 93-204)
11 this amendatory Act of the 93rd General Assembly, but not
12 before. Solely for the purposes of coverage under the
13 Illinois Public Labor Relations Act, home care and home
14 health workers who function as personal assistants and
15 individual maintenance home health workers and who also
16 provide services under the Department's Home Services
17 Program shall be considered to be public employees, no
18 matter whether the State provides such services through
19 direct fee-for-service arrangements, with the assistance
20 of a managed care organization or other intermediary, or
21 otherwise, and the State of Illinois shall be considered to
22 be the employer of those persons as of January 29, 2013
23 (the effective date of Public Act 97-1158), but not before
24 except as otherwise provided under this subsection (f). The
25 State shall engage in collective bargaining with an
26 exclusive representative of home care and home health

HB3342 Enrolled- 116 -LRB100 08528 SMS 18653 b
1 workers who function as personal assistants and individual
2 maintenance home health workers working under the Home
3 Services Program concerning their terms and conditions of
4 employment that are within the State's control. Nothing in
5 this paragraph shall be understood to limit the right of
6 the persons receiving services defined in this Section to
7 hire and fire home care and home health workers who
8 function as personal assistants and individual maintenance
9 home health workers working under the Home Services Program
10 or to supervise them within the limitations set by the Home
11 Services Program. The State shall not be considered to be
12 the employer of home care and home health workers who
13 function as personal assistants and individual maintenance
14 home health workers working under the Home Services Program
15 for any purposes not specifically provided in Public Act
16 93-204 or Public Act 97-1158, including but not limited to,
17 purposes of vicarious liability in tort and purposes of
18 statutory retirement or health insurance benefits. Home
19 care and home health workers who function as personal
20 assistants and individual maintenance home health workers
21 and who also provide services under the Department's Home
22 Services Program shall not be covered by the State
23 Employees Group Insurance Act of 1971.
24 The Department shall execute, relative to nursing home
25 prescreening, as authorized by Section 4.03 of the Illinois
26 Act on the Aging, written inter-agency agreements with the

HB3342 Enrolled- 117 -LRB100 08528 SMS 18653 b
1 Department on Aging and the Department of Healthcare and
2 Family Services, to effect the intake procedures and
3 eligibility criteria for those persons who may need long
4 term care. On and after July 1, 1996, all nursing home
5 prescreenings for individuals 18 through 59 years of age
6 shall be conducted by the Department, or a designee of the
7 Department.
8 The Department is authorized to establish a system of
9 recipient cost-sharing for services provided under this
10 Section. The cost-sharing shall be based upon the
11 recipient's ability to pay for services, but in no case
12 shall the recipient's share exceed the actual cost of the
13 services provided. Protected income shall not be
14 considered by the Department in its determination of the
15 recipient's ability to pay a share of the cost of services.
16 The level of cost-sharing shall be adjusted each year to
17 reflect changes in the "protected income" level. The
18 Department shall deduct from the recipient's share of the
19 cost of services any money expended by the recipient for
20 disability-related expenses.
21 To the extent permitted under the federal Social
22 Security Act, the Department, or the Department's
23 authorized representative, may recover the amount of
24 moneys expended for services provided to or in behalf of a
25 person under this Section by a claim against the person's
26 estate or against the estate of the person's surviving

HB3342 Enrolled- 118 -LRB100 08528 SMS 18653 b
1 spouse, but no recovery may be had until after the death of
2 the surviving spouse, if any, and then only at such time
3 when there is no surviving child who is under age 21 or
4 blind or who has a permanent and total disability. This
5 paragraph, however, shall not bar recovery, at the death of
6 the person, of moneys for services provided to the person
7 or in behalf of the person under this Section to which the
8 person was not entitled; provided that such recovery shall
9 not be enforced against any real estate while it is
10 occupied as a homestead by the surviving spouse or other
11 dependent, if no claims by other creditors have been filed
12 against the estate, or, if such claims have been filed,
13 they remain dormant for failure of prosecution or failure
14 of the claimant to compel administration of the estate for
15 the purpose of payment. This paragraph shall not bar
16 recovery from the estate of a spouse, under Sections 1915
17 and 1924 of the Social Security Act and Section 5-4 of the
18 Illinois Public Aid Code, who precedes a person receiving
19 services under this Section in death. All moneys for
20 services paid to or in behalf of the person under this
21 Section shall be claimed for recovery from the deceased
22 spouse's estate. "Homestead", as used in this paragraph,
23 means the dwelling house and contiguous real estate
24 occupied by a surviving spouse or relative, as defined by
25 the rules and regulations of the Department of Healthcare
26 and Family Services, regardless of the value of the

HB3342 Enrolled- 119 -LRB100 08528 SMS 18653 b
1 property.
2 The Department shall submit an annual report on
3 programs and services provided under this Section. The
4 report shall be filed with the Governor and the General
5 Assembly on or before March 30 each year.
6 The requirement for reporting to the General Assembly
7 shall be satisfied by filing copies of the report with the
8 Speaker, the Minority Leader and the Clerk of the House of
9 Representatives and the President, the Minority Leader and
10 the Secretary of the Senate and the Legislative Research
11 Unit, as required by Section 3.1 of the General Assembly
12 Organization Act, and filing additional copies with the
13 State Government Report Distribution Center for the
14 General Assembly as required under paragraph (t) of Section
15 7 of the State Library Act.
16 (g) To establish such subdivisions of the Department as
17 shall be desirable and assign to the various subdivisions
18 the responsibilities and duties placed upon the Department
19 by law.
20 (h) To cooperate and enter into any necessary
21 agreements with the Department of Employment Security for
22 the provision of job placement and job referral services to
23 clients of the Department, including job service
24 registration of such clients with Illinois Employment
25 Security offices and making job listings maintained by the
26 Department of Employment Security available to such

HB3342 Enrolled- 120 -LRB100 08528 SMS 18653 b
1 clients.
2 (i) To possess all powers reasonable and necessary for
3 the exercise and administration of the powers, duties and
4 responsibilities of the Department which are provided for
5 by law.
6 (j) (Blank).
7 (k) (Blank).
8 (l) To establish, operate, and maintain a Statewide
9 Housing Clearinghouse of information on available,
10 government subsidized housing accessible to persons with
11 disabilities and available privately owned housing
12 accessible to persons with disabilities. The information
13 shall include, but not be limited to, the location, rental
14 requirements, access features and proximity to public
15 transportation of available housing. The Clearinghouse
16 shall consist of at least a computerized database for the
17 storage and retrieval of information and a separate or
18 shared toll free telephone number for use by those seeking
19 information from the Clearinghouse. Department offices and
20 personnel throughout the State shall also assist in the
21 operation of the Statewide Housing Clearinghouse.
22 Cooperation with local, State, and federal housing
23 managers shall be sought and extended in order to
24 frequently and promptly update the Clearinghouse's
25 information.
26 (m) To assure that the names and case records of

HB3342 Enrolled- 121 -LRB100 08528 SMS 18653 b
1 persons who received or are receiving services from the
2 Department, including persons receiving vocational
3 rehabilitation, home services, or other services, and
4 those attending one of the Department's schools or other
5 supervised facility shall be confidential and not be open
6 to the general public. Those case records and reports or
7 the information contained in those records and reports
8 shall be disclosed by the Director only to proper law
9 enforcement officials, individuals authorized by a court,
10 the General Assembly or any committee or commission of the
11 General Assembly, and other persons and for reasons as the
12 Director designates by rule. Disclosure by the Director may
13 be only in accordance with other applicable law.
14(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
15100-477, eff. 9-8-17; revised 9-27-17.)
16 Section 15-25. The Older Adult Services Act is amended by
17changing Section 35 as follows:
18 (320 ILCS 42/35)
19 Sec. 35. Older Adult Services Advisory Committee.
20 (a) The Older Adult Services Advisory Committee is created
21to advise the directors of Aging, Healthcare and Family
22Services, and Public Health on all matters related to this Act
23and the delivery of services to older adults in general.
24 (b) The Advisory Committee shall be comprised of the

HB3342 Enrolled- 122 -LRB100 08528 SMS 18653 b
1following:
2 (1) The Director of Aging or his or her designee, who
3 shall serve as chair and shall be an ex officio and
4 nonvoting member.
5 (2) The Director of Healthcare and Family Services and
6 the Director of Public Health or their designees, who shall
7 serve as vice-chairs and shall be ex officio and nonvoting
8 members.
9 (3) One representative each of the Governor's Office,
10 the Department of Healthcare and Family Services, the
11 Department of Public Health, the Department of Veterans'
12 Affairs, the Department of Human Services, the Department
13 of Insurance, the Department of Commerce and Economic
14 Opportunity, the Department on Aging, the Department on
15 Aging's State Long Term Care Ombudsman, the Illinois
16 Housing Finance Authority, and the Illinois Housing
17 Development Authority, each of whom shall be selected by
18 his or her respective director and shall be an ex officio
19 and nonvoting member.
20 (4) Thirty members appointed by the Director of Aging
21 in collaboration with the directors of Public Health and
22 Healthcare and Family Services, and selected from the
23 recommendations of statewide associations and
24 organizations, as follows:
25 (A) One member representing the Area Agencies on
26 Aging;

HB3342 Enrolled- 123 -LRB100 08528 SMS 18653 b
1 (B) Four members representing nursing homes or
2 licensed assisted living establishments;
3 (C) One member representing home health agencies;
4 (D) One member representing case management
5 services;
6 (E) One member representing statewide senior
7 center associations;
8 (F) One member representing Community Care Program
9 homemaker services;
10 (G) One member representing Community Care Program
11 adult day services;
12 (H) One member representing nutrition project
13 directors;
14 (I) One member representing hospice programs;
15 (J) One member representing individuals with
16 Alzheimer's disease and related dementias;
17 (K) Two members representing statewide trade or
18 labor unions;
19 (L) One advanced practice registered nurse with
20 experience in gerontological nursing;
21 (M) One physician specializing in gerontology;
22 (N) One member representing regional long-term
23 care ombudsmen;
24 (O) One member representing municipal, township,
25 or county officials;
26 (P) (Blank);

HB3342 Enrolled- 124 -LRB100 08528 SMS 18653 b
1 (Q) (Blank);
2 (R) One member representing the parish nurse
3 movement;
4 (S) One member representing pharmacists;
5 (T) Two members representing statewide
6 organizations engaging in advocacy or legal
7 representation on behalf of the senior population;
8 (U) Two family caregivers;
9 (V) Two citizen members over the age of 60;
10 (W) One citizen with knowledge in the area of
11 gerontology research or health care law;
12 (X) One representative of health care facilities
13 licensed under the Hospital Licensing Act; and
14 (Y) One representative of primary care service
15 providers.
16 The Director of Aging, in collaboration with the Directors
17of Public Health and Healthcare and Family Services, may
18appoint additional citizen members to the Older Adult Services
19Advisory Committee. Each such additional member must be either
20an individual age 60 or older or an uncompensated caregiver for
21a family member or friend who is age 60 or older.
22 (c) Voting members of the Advisory Committee shall serve
23for a term of 3 years or until a replacement is named. All
24members shall be appointed no later than January 1, 2005. Of
25the initial appointees, as determined by lot, 10 members shall
26serve a term of one year; 10 shall serve for a term of 2 years;

HB3342 Enrolled- 125 -LRB100 08528 SMS 18653 b
1and 12 shall serve for a term of 3 years. Any member appointed
2to fill a vacancy occurring prior to the expiration of the term
3for which his or her predecessor was appointed shall be
4appointed for the remainder of that term. The Advisory
5Committee shall meet at least quarterly and may meet more
6frequently at the call of the Chair. A simple majority of those
7appointed shall constitute a quorum. The affirmative vote of a
8majority of those present and voting shall be necessary for
9Advisory Committee action. Members of the Advisory Committee
10shall receive no compensation for their services.
11 (d) The Advisory Committee shall have an Executive
12Committee comprised of the Chair, the Vice Chairs, and up to 15
13members of the Advisory Committee appointed by the Chair who
14have demonstrated expertise in developing, implementing, or
15coordinating the system restructuring initiatives defined in
16Section 25. The Executive Committee shall have responsibility
17to oversee and structure the operations of the Advisory
18Committee and to create and appoint necessary subcommittees and
19subcommittee members. The Advisory Committee's Community Care
20Program Medicaid Enrollment Oversight Subcommittee shall have
21the membership and powers and duties set forth in Section 4.02
22of the Illinois Act on the Aging.
23 (e) The Advisory Committee shall study and make
24recommendations related to the implementation of this Act,
25including but not limited to system restructuring initiatives
26as defined in Section 25 or otherwise related to this Act.

HB3342 Enrolled- 126 -LRB100 08528 SMS 18653 b
1(Source: P.A. 100-513, eff. 1-1-18.)
2
ARTICLE 20. TAX COMPLIANCE AND ADMINISTRATION FUND
3 Section 20-5. The State Finance Act is amended by changing
4Section 6z-20 as follows:
5 (30 ILCS 105/6z-20) (from Ch. 127, par. 142z-20)
6 Sec. 6z-20. County and Mass Transit District Fund. Of the
7money received from the 6.25% general rate (and, beginning July
81, 2000 and through December 31, 2000, the 1.25% rate on motor
9fuel and gasohol, and beginning on August 6, 2010 through
10August 15, 2010, the 1.25% rate on sales tax holiday items) on
11sales subject to taxation under the Retailers' Occupation Tax
12Act and Service Occupation Tax Act and paid into the County and
13Mass Transit District Fund, distribution to the Regional
14Transportation Authority tax fund, created pursuant to Section
154.03 of the Regional Transportation Authority Act, for deposit
16therein shall be made based upon the retail sales occurring in
17a county having more than 3,000,000 inhabitants. The remainder
18shall be distributed to each county having 3,000,000 or fewer
19inhabitants based upon the retail sales occurring in each such
20county.
21 For the purpose of determining allocation to the local
22government unit, a retail sale by a producer of coal or other
23mineral mined in Illinois is a sale at retail at the place

HB3342 Enrolled- 127 -LRB100 08528 SMS 18653 b
1where the coal or other mineral mined in Illinois is extracted
2from the earth. This paragraph does not apply to coal or other
3mineral when it is delivered or shipped by the seller to the
4purchaser at a point outside Illinois so that the sale is
5exempt under the United States Constitution as a sale in
6interstate or foreign commerce.
7 Of the money received from the 6.25% general use tax rate
8on tangible personal property which is purchased outside
9Illinois at retail from a retailer and which is titled or
10registered by any agency of this State's government and paid
11into the County and Mass Transit District Fund, the amount for
12which Illinois addresses for titling or registration purposes
13are given as being in each county having more than 3,000,000
14inhabitants shall be distributed into the Regional
15Transportation Authority tax fund, created pursuant to Section
164.03 of the Regional Transportation Authority Act. The
17remainder of the money paid from such sales shall be
18distributed to each county based on sales for which Illinois
19addresses for titling or registration purposes are given as
20being located in the county. Any money paid into the Regional
21Transportation Authority Occupation and Use Tax Replacement
22Fund from the County and Mass Transit District Fund prior to
23January 14, 1991, which has not been paid to the Authority
24prior to that date, shall be transferred to the Regional
25Transportation Authority tax fund.
26 Whenever the Department determines that a refund of money

HB3342 Enrolled- 128 -LRB100 08528 SMS 18653 b
1paid into the County and Mass Transit District Fund should be
2made to a claimant instead of issuing a credit memorandum, the
3Department shall notify the State Comptroller, who shall cause
4the order to be drawn for the amount specified, and to the
5person named, in such notification from the Department. Such
6refund shall be paid by the State Treasurer out of the County
7and Mass Transit District Fund.
8 As soon as possible after the first day of each month,
9beginning January 1, 2011, upon certification of the Department
10of Revenue, the Comptroller shall order transferred, and the
11Treasurer shall transfer, to the STAR Bonds Revenue Fund the
12local sales tax increment, as defined in the Innovation
13Development and Economy Act, collected during the second
14preceding calendar month for sales within a STAR bond district
15and deposited into the County and Mass Transit District Fund,
16less 3% of that amount, which shall be transferred into the Tax
17Compliance and Administration Fund and shall be used by the
18Department, subject to appropriation, to cover the costs of the
19Department in administering the Innovation Development and
20Economy Act.
21 After the monthly transfer to the STAR Bonds Revenue Fund,
22on or before the 25th day of each calendar month, the
23Department shall prepare and certify to the Comptroller the
24disbursement of stated sums of money to the Regional
25Transportation Authority and to named counties, the counties to
26be those entitled to distribution, as hereinabove provided, of

HB3342 Enrolled- 129 -LRB100 08528 SMS 18653 b
1taxes or penalties paid to the Department during the second
2preceding calendar month. The amount to be paid to the Regional
3Transportation Authority and each county having 3,000,000 or
4fewer inhabitants shall be the amount (not including credit
5memoranda) collected during the second preceding calendar
6month by the Department and paid into the County and Mass
7Transit District Fund, plus an amount the Department determines
8is necessary to offset any amounts which were erroneously paid
9to a different taxing body, and not including an amount equal
10to the amount of refunds made during the second preceding
11calendar month by the Department, and not including any amount
12which the Department determines is necessary to offset any
13amounts which were payable to a different taxing body but were
14erroneously paid to the Regional Transportation Authority or
15county, and not including any amounts that are transferred to
16the STAR Bonds Revenue Fund, less 1.5% 2% of the amount to be
17paid to the Regional Transportation Authority, which shall be
18transferred into the Tax Compliance and Administration Fund.
19The Department, at the time of each monthly disbursement to the
20Regional Transportation Authority, shall prepare and certify
21to the State Comptroller the amount to be transferred into the
22Tax Compliance and Administration Fund under this Section.
23Within 10 days after receipt, by the Comptroller, of the
24disbursement certification to the Regional Transportation
25Authority, counties, and the Tax Compliance and Administration
26Fund provided for in this Section to be given to the

HB3342 Enrolled- 130 -LRB100 08528 SMS 18653 b
1Comptroller by the Department, the Comptroller shall cause the
2orders to be drawn for the respective amounts in accordance
3with the directions contained in such certification.
4 When certifying the amount of a monthly disbursement to the
5Regional Transportation Authority or to a county under this
6Section, the Department shall increase or decrease that amount
7by an amount necessary to offset any misallocation of previous
8disbursements. The offset amount shall be the amount
9erroneously disbursed within the 6 months preceding the time a
10misallocation is discovered.
11 The provisions directing the distributions from the
12special fund in the State Treasury provided for in this Section
13and from the Regional Transportation Authority tax fund created
14by Section 4.03 of the Regional Transportation Authority Act
15shall constitute an irrevocable and continuing appropriation
16of all amounts as provided herein. The State Treasurer and
17State Comptroller are hereby authorized to make distributions
18as provided in this Section.
19 In construing any development, redevelopment, annexation,
20preannexation or other lawful agreement in effect prior to
21September 1, 1990, which describes or refers to receipts from a
22county or municipal retailers' occupation tax, use tax or
23service occupation tax which now cannot be imposed, such
24description or reference shall be deemed to include the
25replacement revenue for such abolished taxes, distributed from
26the County and Mass Transit District Fund or Local Government

HB3342 Enrolled- 131 -LRB100 08528 SMS 18653 b
1Distributive Fund, as the case may be.
2(Source: P.A. 100-23, eff. 7-6-17.)
3 Section 20-10. The Counties Code is amended by changing
4Sections 5-1006, 5-1006.5, and 5-1007 as follows:
5 (55 ILCS 5/5-1006) (from Ch. 34, par. 5-1006)
6 Sec. 5-1006. Home Rule County Retailers' Occupation Tax
7Law. Any county that is a home rule unit may impose a tax upon
8all persons engaged in the business of selling tangible
9personal property, other than an item of tangible personal
10property titled or registered with an agency of this State's
11government, at retail in the county on the gross receipts from
12such sales made in the course of their business. If imposed,
13this tax shall only be imposed in 1/4% increments. On and after
14September 1, 1991, this additional tax may not be imposed on
15the sales of food for human consumption which is to be consumed
16off the premises where it is sold (other than alcoholic
17beverages, soft drinks and food which has been prepared for
18immediate consumption) and prescription and nonprescription
19medicines, drugs, medical appliances and insulin, urine
20testing materials, syringes and needles used by diabetics. The
21tax imposed by a home rule county pursuant to this Section and
22all civil penalties that may be assessed as an incident thereof
23shall be collected and enforced by the State Department of
24Revenue. The certificate of registration that is issued by the

HB3342 Enrolled- 132 -LRB100 08528 SMS 18653 b
1Department to a retailer under the Retailers' Occupation Tax
2Act shall permit the retailer to engage in a business that is
3taxable under any ordinance or resolution enacted pursuant to
4this Section without registering separately with the
5Department under such ordinance or resolution or under this
6Section. The Department shall have full power to administer and
7enforce this Section; to collect all taxes and penalties due
8hereunder; to dispose of taxes and penalties so collected in
9the manner hereinafter provided; and to determine all rights to
10credit memoranda arising on account of the erroneous payment of
11tax or penalty hereunder. In the administration of, and
12compliance with, this Section, the Department and persons who
13are subject to this Section shall have the same rights,
14remedies, privileges, immunities, powers and duties, and be
15subject to the same conditions, restrictions, limitations,
16penalties and definitions of terms, and employ the same modes
17of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d,
181e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all
19provisions therein other than the State rate of tax), 4, 5, 5a,
205b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
217, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act
22and Section 3-7 of the Uniform Penalty and Interest Act, as
23fully as if those provisions were set forth herein.
24 No tax may be imposed by a home rule county pursuant to
25this Section unless the county also imposes a tax at the same
26rate pursuant to Section 5-1007.

HB3342 Enrolled- 133 -LRB100 08528 SMS 18653 b
1 Persons subject to any tax imposed pursuant to the
2authority granted in this Section may reimburse themselves for
3their seller's tax liability hereunder by separately stating
4such tax as an additional charge, which charge may be stated in
5combination, in a single amount, with State tax which sellers
6are required to collect under the Use Tax Act, pursuant to such
7bracket schedules as the Department may prescribe.
8 Whenever the Department determines that a refund should be
9made under this Section to a claimant instead of issuing a
10credit memorandum, the Department shall notify the State
11Comptroller, who shall cause the order to be drawn for the
12amount specified and to the person named in the notification
13from the Department. The refund shall be paid by the State
14Treasurer out of the home rule county retailers' occupation tax
15fund.
16 The Department shall forthwith pay over to the State
17Treasurer, ex officio, as trustee, all taxes and penalties
18collected hereunder.
19 As soon as possible after the first day of each month,
20beginning January 1, 2011, upon certification of the Department
21of Revenue, the Comptroller shall order transferred, and the
22Treasurer shall transfer, to the STAR Bonds Revenue Fund the
23local sales tax increment, as defined in the Innovation
24Development and Economy Act, collected under this Section
25during the second preceding calendar month for sales within a
26STAR bond district.

HB3342 Enrolled- 134 -LRB100 08528 SMS 18653 b
1 After the monthly transfer to the STAR Bonds Revenue Fund,
2on or before the 25th day of each calendar month, the
3Department shall prepare and certify to the Comptroller the
4disbursement of stated sums of money to named counties, the
5counties to be those from which retailers have paid taxes or
6penalties hereunder to the Department during the second
7preceding calendar month. The amount to be paid to each county
8shall be the amount (not including credit memoranda) collected
9hereunder during the second preceding calendar month by the
10Department plus an amount the Department determines is
11necessary to offset any amounts that were erroneously paid to a
12different taxing body, and not including an amount equal to the
13amount of refunds made during the second preceding calendar
14month by the Department on behalf of such county, and not
15including any amount which the Department determines is
16necessary to offset any amounts which were payable to a
17different taxing body but were erroneously paid to the county,
18and not including any amounts that are transferred to the STAR
19Bonds Revenue Fund, less 1.5% 2% of the remainder, which the
20Department shall transfer into the Tax Compliance and
21Administration Fund. The Department, at the time of each
22monthly disbursement to the counties, shall prepare and certify
23to the State Comptroller the amount to be transferred into the
24Tax Compliance and Administration Fund under this Section.
25Within 10 days after receipt, by the Comptroller, of the
26disbursement certification to the counties and the Tax

HB3342 Enrolled- 135 -LRB100 08528 SMS 18653 b
1Compliance and Administration Fund provided for in this Section
2to be given to the Comptroller by the Department, the
3Comptroller shall cause the orders to be drawn for the
4respective amounts in accordance with the directions contained
5in the certification.
6 In addition to the disbursement required by the preceding
7paragraph, an allocation shall be made in March of each year to
8each county that received more than $500,000 in disbursements
9under the preceding paragraph in the preceding calendar year.
10The allocation shall be in an amount equal to the average
11monthly distribution made to each such county under the
12preceding paragraph during the preceding calendar year
13(excluding the 2 months of highest receipts). The distribution
14made in March of each year subsequent to the year in which an
15allocation was made pursuant to this paragraph and the
16preceding paragraph shall be reduced by the amount allocated
17and disbursed under this paragraph in the preceding calendar
18year. The Department shall prepare and certify to the
19Comptroller for disbursement the allocations made in
20accordance with this paragraph.
21 For the purpose of determining the local governmental unit
22whose tax is applicable, a retail sale by a producer of coal or
23other mineral mined in Illinois is a sale at retail at the
24place where the coal or other mineral mined in Illinois is
25extracted from the earth. This paragraph does not apply to coal
26or other mineral when it is delivered or shipped by the seller

HB3342 Enrolled- 136 -LRB100 08528 SMS 18653 b
1to the purchaser at a point outside Illinois so that the sale
2is exempt under the United States Constitution as a sale in
3interstate or foreign commerce.
4 Nothing in this Section shall be construed to authorize a
5county to impose a tax upon the privilege of engaging in any
6business which under the Constitution of the United States may
7not be made the subject of taxation by this State.
8 An ordinance or resolution imposing or discontinuing a tax
9hereunder or effecting a change in the rate thereof shall be
10adopted and a certified copy thereof filed with the Department
11on or before the first day of June, whereupon the Department
12shall proceed to administer and enforce this Section as of the
13first day of September next following such adoption and filing.
14Beginning January 1, 1992, an ordinance or resolution imposing
15or discontinuing the tax hereunder or effecting a change in the
16rate thereof shall be adopted and a certified copy thereof
17filed with the Department on or before the first day of July,
18whereupon the Department shall proceed to administer and
19enforce this Section as of the first day of October next
20following such adoption and filing. Beginning January 1, 1993,
21an ordinance or resolution imposing or discontinuing the tax
22hereunder or effecting a change in the rate thereof shall be
23adopted and a certified copy thereof filed with the Department
24on or before the first day of October, whereupon the Department
25shall proceed to administer and enforce this Section as of the
26first day of January next following such adoption and filing.

HB3342 Enrolled- 137 -LRB100 08528 SMS 18653 b
1Beginning April 1, 1998, an ordinance or resolution imposing or
2discontinuing the tax hereunder or effecting a change in the
3rate thereof shall either (i) be adopted and a certified copy
4thereof filed with the Department on or before the first day of
5April, whereupon the Department shall proceed to administer and
6enforce this Section as of the first day of July next following
7the adoption and filing; or (ii) be adopted and a certified
8copy thereof filed with the Department on or before the first
9day of October, whereupon the Department shall proceed to
10administer and enforce this Section as of the first day of
11January next following the adoption and filing.
12 When certifying the amount of a monthly disbursement to a
13county under this Section, the Department shall increase or
14decrease such amount by an amount necessary to offset any
15misallocation of previous disbursements. The offset amount
16shall be the amount erroneously disbursed within the previous 6
17months from the time a misallocation is discovered.
18 This Section shall be known and may be cited as the Home
19Rule County Retailers' Occupation Tax Law.
20(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17.)
21 (55 ILCS 5/5-1006.5)
22 Sec. 5-1006.5. Special County Retailers' Occupation Tax
23For Public Safety, Public Facilities, or Transportation.
24 (a) The county board of any county may impose a tax upon
25all persons engaged in the business of selling tangible

HB3342 Enrolled- 138 -LRB100 08528 SMS 18653 b
1personal property, other than personal property titled or
2registered with an agency of this State's government, at retail
3in the county on the gross receipts from the sales made in the
4course of business to provide revenue to be used exclusively
5for public safety, public facility, or transportation purposes
6in that county, if a proposition for the tax has been submitted
7to the electors of that county and approved by a majority of
8those voting on the question. If imposed, this tax shall be
9imposed only in one-quarter percent increments. By resolution,
10the county board may order the proposition to be submitted at
11any election. If the tax is imposed for transportation purposes
12for expenditures for public highways or as authorized under the
13Illinois Highway Code, the county board must publish notice of
14the existence of its long-range highway transportation plan as
15required or described in Section 5-301 of the Illinois Highway
16Code and must make the plan publicly available prior to
17approval of the ordinance or resolution imposing the tax. If
18the tax is imposed for transportation purposes for expenditures
19for passenger rail transportation, the county board must
20publish notice of the existence of its long-range passenger
21rail transportation plan and must make the plan publicly
22available prior to approval of the ordinance or resolution
23imposing the tax.
24 If a tax is imposed for public facilities purposes, then
25the name of the project may be included in the proposition at
26the discretion of the county board as determined in the

HB3342 Enrolled- 139 -LRB100 08528 SMS 18653 b
1enabling resolution. For example, the "XXX Nursing Home" or the
2"YYY Museum".
3 The county clerk shall certify the question to the proper
4election authority, who shall submit the proposition at an
5election in accordance with the general election law.
6 (1) The proposition for public safety purposes shall be
7 in substantially the following form:
8 "To pay for public safety purposes, shall (name of
9 county) be authorized to impose an increase on its share of
10 local sales taxes by (insert rate)?"
11 As additional information on the ballot below the
12 question shall appear the following:
13 "This would mean that a consumer would pay an
14 additional (insert amount) in sales tax for every $100 of
15 tangible personal property bought at retail."
16 The county board may also opt to establish a sunset
17 provision at which time the additional sales tax would
18 cease being collected, if not terminated earlier by a vote
19 of the county board. If the county board votes to include a
20 sunset provision, the proposition for public safety
21 purposes shall be in substantially the following form:
22 "To pay for public safety purposes, shall (name of
23 county) be authorized to impose an increase on its share of
24 local sales taxes by (insert rate) for a period not to
25 exceed (insert number of years)?"
26 As additional information on the ballot below the

HB3342 Enrolled- 140 -LRB100 08528 SMS 18653 b
1 question shall appear the following:
2 "This would mean that a consumer would pay an
3 additional (insert amount) in sales tax for every $100 of
4 tangible personal property bought at retail. If imposed,
5 the additional tax would cease being collected at the end
6 of (insert number of years), if not terminated earlier by a
7 vote of the county board."
8 For the purposes of the paragraph, "public safety
9 purposes" means crime prevention, detention, fire
10 fighting, police, medical, ambulance, or other emergency
11 services.
12 Votes shall be recorded as "Yes" or "No".
13 Beginning on the January 1 or July 1, whichever is
14 first, that occurs not less than 30 days after May 31, 2015
15 (the effective date of Public Act 99-4), Adams County may
16 impose a public safety retailers' occupation tax and
17 service occupation tax at the rate of 0.25%, as provided in
18 the referendum approved by the voters on April 7, 2015,
19 notwithstanding the omission of the additional information
20 that is otherwise required to be printed on the ballot
21 below the question pursuant to this item (1).
22 (2) The proposition for transportation purposes shall
23 be in substantially the following form:
24 "To pay for improvements to roads and other
25 transportation purposes, shall (name of county) be
26 authorized to impose an increase on its share of local

HB3342 Enrolled- 141 -LRB100 08528 SMS 18653 b
1 sales taxes by (insert rate)?"
2 As additional information on the ballot below the
3 question shall appear the following:
4 "This would mean that a consumer would pay an
5 additional (insert amount) in sales tax for every $100 of
6 tangible personal property bought at retail."
7 The county board may also opt to establish a sunset
8 provision at which time the additional sales tax would
9 cease being collected, if not terminated earlier by a vote
10 of the county board. If the county board votes to include a
11 sunset provision, the proposition for transportation
12 purposes shall be in substantially the following form:
13 "To pay for road improvements and other transportation
14 purposes, shall (name of county) be authorized to impose an
15 increase on its share of local sales taxes by (insert rate)
16 for a period not to exceed (insert number of years)?"
17 As additional information on the ballot below the
18 question shall appear the following:
19 "This would mean that a consumer would pay an
20 additional (insert amount) in sales tax for every $100 of
21 tangible personal property bought at retail. If imposed,
22 the additional tax would cease being collected at the end
23 of (insert number of years), if not terminated earlier by a
24 vote of the county board."
25 For the purposes of this paragraph, transportation
26 purposes means construction, maintenance, operation, and

HB3342 Enrolled- 142 -LRB100 08528 SMS 18653 b
1 improvement of public highways, any other purpose for which
2 a county may expend funds under the Illinois Highway Code,
3 and passenger rail transportation.
4 The votes shall be recorded as "Yes" or "No".
5 (3) The proposition for public facilities purposes
6 shall be in substantially the following form:
7 "To pay for public facilities purposes, shall (name of
8 county) be authorized to impose an increase on its share of
9 local sales taxes by (insert rate)?"
10 As additional information on the ballot below the
11 question shall appear the following:
12 "This would mean that a consumer would pay an
13 additional (insert amount) in sales tax for every $100 of
14 tangible personal property bought at retail."
15 The county board may also opt to establish a sunset
16 provision at which time the additional sales tax would
17 cease being collected, if not terminated earlier by a vote
18 of the county board. If the county board votes to include a
19 sunset provision, the proposition for public facilities
20 purposes shall be in substantially the following form:
21 "To pay for public facilities purposes, shall (name of
22 county) be authorized to impose an increase on its share of
23 local sales taxes by (insert rate) for a period not to
24 exceed (insert number of years)?"
25 As additional information on the ballot below the
26 question shall appear the following:

HB3342 Enrolled- 143 -LRB100 08528 SMS 18653 b
1 "This would mean that a consumer would pay an
2 additional (insert amount) in sales tax for every $100 of
3 tangible personal property bought at retail. If imposed,
4 the additional tax would cease being collected at the end
5 of (insert number of years), if not terminated earlier by a
6 vote of the county board."
7 For purposes of this Section, "public facilities
8 purposes" means the acquisition, development,
9 construction, reconstruction, rehabilitation, improvement,
10 financing, architectural planning, and installation of
11 capital facilities consisting of buildings, structures,
12 and durable equipment and for the acquisition and
13 improvement of real property and interest in real property
14 required, or expected to be required, in connection with
15 the public facilities, for use by the county for the
16 furnishing of governmental services to its citizens,
17 including but not limited to museums and nursing homes.
18 The votes shall be recorded as "Yes" or "No".
19 If a majority of the electors voting on the proposition
20vote in favor of it, the county may impose the tax. A county
21may not submit more than one proposition authorized by this
22Section to the electors at any one time.
23 This additional tax may not be imposed on the sales of food
24for human consumption that is to be consumed off the premises
25where it is sold (other than alcoholic beverages, soft drinks,
26and food which has been prepared for immediate consumption) and

HB3342 Enrolled- 144 -LRB100 08528 SMS 18653 b
1prescription and non-prescription medicines, drugs, medical
2appliances and insulin, urine testing materials, syringes, and
3needles used by diabetics. The tax imposed by a county under
4this Section and all civil penalties that may be assessed as an
5incident of the tax shall be collected and enforced by the
6Illinois Department of Revenue and deposited into a special
7fund created for that purpose. The certificate of registration
8that is issued by the Department to a retailer under the
9Retailers' Occupation Tax Act shall permit the retailer to
10engage in a business that is taxable without registering
11separately with the Department under an ordinance or resolution
12under this Section. The Department has full power to administer
13and enforce this Section, to collect all taxes and penalties
14due under this Section, to dispose of taxes and penalties so
15collected in the manner provided in this Section, and to
16determine all rights to credit memoranda arising on account of
17the erroneous payment of a tax or penalty under this Section.
18In the administration of and compliance with this Section, the
19Department and persons who are subject to this Section shall
20(i) have the same rights, remedies, privileges, immunities,
21powers, and duties, (ii) be subject to the same conditions,
22restrictions, limitations, penalties, and definitions of
23terms, and (iii) employ the same modes of procedure as are
24prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
251n, 2 through 2-70 (in respect to all provisions contained in
26those Sections other than the State rate of tax), 2a, 2b, 2c, 3

HB3342 Enrolled- 145 -LRB100 08528 SMS 18653 b
1(except provisions relating to transaction returns and quarter
2monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
35j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13
4of the Retailers' Occupation Tax Act and Section 3-7 of the
5Uniform Penalty and Interest Act as if those provisions were
6set forth in this Section.
7 Persons subject to any tax imposed under the authority
8granted in this Section may reimburse themselves for their
9sellers' tax liability by separately stating the tax as an
10additional charge, which charge may be stated in combination,
11in a single amount, with State tax which sellers are required
12to collect under the Use Tax Act, pursuant to such bracketed
13schedules as the Department may prescribe.
14 Whenever the Department determines that a refund should be
15made under this Section to a claimant instead of issuing a
16credit memorandum, the Department shall notify the State
17Comptroller, who shall cause the order to be drawn for the
18amount specified and to the person named in the notification
19from the Department. The refund shall be paid by the State
20Treasurer out of the County Public Safety or Transportation
21Retailers' Occupation Tax Fund.
22 (b) If a tax has been imposed under subsection (a), a
23service occupation tax shall also be imposed at the same rate
24upon all persons engaged, in the county, in the business of
25making sales of service, who, as an incident to making those
26sales of service, transfer tangible personal property within

HB3342 Enrolled- 146 -LRB100 08528 SMS 18653 b
1the county as an incident to a sale of service. This tax may
2not be imposed on sales of food for human consumption that is
3to be consumed off the premises where it is sold (other than
4alcoholic beverages, soft drinks, and food prepared for
5immediate consumption) and prescription and non-prescription
6medicines, drugs, medical appliances and insulin, urine
7testing materials, syringes, and needles used by diabetics. The
8tax imposed under this subsection and all civil penalties that
9may be assessed as an incident thereof shall be collected and
10enforced by the Department of Revenue. The Department has full
11power to administer and enforce this subsection; to collect all
12taxes and penalties due hereunder; to dispose of taxes and
13penalties so collected in the manner hereinafter provided; and
14to determine all rights to credit memoranda arising on account
15of the erroneous payment of tax or penalty hereunder. In the
16administration of, and compliance with this subsection, the
17Department and persons who are subject to this paragraph shall
18(i) have the same rights, remedies, privileges, immunities,
19powers, and duties, (ii) be subject to the same conditions,
20restrictions, limitations, penalties, exclusions, exemptions,
21and definitions of terms, and (iii) employ the same modes of
22procedure as are prescribed in Sections 2 (except that the
23reference to State in the definition of supplier maintaining a
24place of business in this State shall mean the county), 2a, 2b,
252c, 3 through 3-50 (in respect to all provisions therein other
26than the State rate of tax), 4 (except that the reference to

HB3342 Enrolled- 147 -LRB100 08528 SMS 18653 b
1the State shall be to the county), 5, 7, 8 (except that the
2jurisdiction to which the tax shall be a debt to the extent
3indicated in that Section 8 shall be the county), 9 (except as
4to the disposition of taxes and penalties collected), 10, 11,
512 (except the reference therein to Section 2b of the
6Retailers' Occupation Tax Act), 13 (except that any reference
7to the State shall mean the county), Section 15, 16, 17, 18, 19
8and 20 of the Service Occupation Tax Act and Section 3-7 of the
9Uniform Penalty and Interest Act, as fully as if those
10provisions were set forth herein.
11 Persons subject to any tax imposed under the authority
12granted in this subsection may reimburse themselves for their
13serviceman's tax liability by separately stating the tax as an
14additional charge, which charge may be stated in combination,
15in a single amount, with State tax that servicemen are
16authorized to collect under the Service Use Tax Act, in
17accordance with such bracket schedules as the Department may
18prescribe.
19 Whenever the Department determines that a refund should be
20made under this subsection to a claimant instead of issuing a
21credit memorandum, the Department shall notify the State
22Comptroller, who shall cause the warrant to be drawn for the
23amount specified, and to the person named, in the notification
24from the Department. The refund shall be paid by the State
25Treasurer out of the County Public Safety or Transportation
26Retailers' Occupation Fund.

HB3342 Enrolled- 148 -LRB100 08528 SMS 18653 b
1 Nothing in this subsection shall be construed to authorize
2the county to impose a tax upon the privilege of engaging in
3any business which under the Constitution of the United States
4may not be made the subject of taxation by the State.
5 (c) The Department shall immediately pay over to the State
6Treasurer, ex officio, as trustee, all taxes and penalties
7collected under this Section to be deposited into the County
8Public Safety or Transportation Retailers' Occupation Tax
9Fund, which shall be an unappropriated trust fund held outside
10of the State treasury.
11 As soon as possible after the first day of each month,
12beginning January 1, 2011, upon certification of the Department
13of Revenue, the Comptroller shall order transferred, and the
14Treasurer shall transfer, to the STAR Bonds Revenue Fund the
15local sales tax increment, as defined in the Innovation
16Development and Economy Act, collected under this Section
17during the second preceding calendar month for sales within a
18STAR bond district.
19 After the monthly transfer to the STAR Bonds Revenue Fund,
20on or before the 25th day of each calendar month, the
21Department shall prepare and certify to the Comptroller the
22disbursement of stated sums of money to the counties from which
23retailers have paid taxes or penalties to the Department during
24the second preceding calendar month. The amount to be paid to
25each county, and deposited by the county into its special fund
26created for the purposes of this Section, shall be the amount

HB3342 Enrolled- 149 -LRB100 08528 SMS 18653 b
1(not including credit memoranda) collected under this Section
2during the second preceding calendar month by the Department
3plus an amount the Department determines is necessary to offset
4any amounts that were erroneously paid to a different taxing
5body, and not including (i) an amount equal to the amount of
6refunds made during the second preceding calendar month by the
7Department on behalf of the county, (ii) any amount that the
8Department determines is necessary to offset any amounts that
9were payable to a different taxing body but were erroneously
10paid to the county, (iii) any amounts that are transferred to
11the STAR Bonds Revenue Fund, and (iv) 1.5% 2% of the remainder,
12which shall be transferred into the Tax Compliance and
13Administration Fund. The Department, at the time of each
14monthly disbursement to the counties, shall prepare and certify
15to the State Comptroller the amount to be transferred into the
16Tax Compliance and Administration Fund under this subsection.
17Within 10 days after receipt by the Comptroller of the
18disbursement certification to the counties and the Tax
19Compliance and Administration Fund provided for in this Section
20to be given to the Comptroller by the Department, the
21Comptroller shall cause the orders to be drawn for the
22respective amounts in accordance with directions contained in
23the certification.
24 In addition to the disbursement required by the preceding
25paragraph, an allocation shall be made in March of each year to
26each county that received more than $500,000 in disbursements

HB3342 Enrolled- 150 -LRB100 08528 SMS 18653 b
1under the preceding paragraph in the preceding calendar year.
2The allocation shall be in an amount equal to the average
3monthly distribution made to each such county under the
4preceding paragraph during the preceding calendar year
5(excluding the 2 months of highest receipts). The distribution
6made in March of each year subsequent to the year in which an
7allocation was made pursuant to this paragraph and the
8preceding paragraph shall be reduced by the amount allocated
9and disbursed under this paragraph in the preceding calendar
10year. The Department shall prepare and certify to the
11Comptroller for disbursement the allocations made in
12accordance with this paragraph.
13 A county may direct, by ordinance, that all or a portion of
14the taxes and penalties collected under the Special County
15Retailers' Occupation Tax For Public Safety or Transportation
16be deposited into the Transportation Development Partnership
17Trust Fund.
18 (d) For the purpose of determining the local governmental
19unit whose tax is applicable, a retail sale by a producer of
20coal or another mineral mined in Illinois is a sale at retail
21at the place where the coal or other mineral mined in Illinois
22is extracted from the earth. This paragraph does not apply to
23coal or another mineral when it is delivered or shipped by the
24seller to the purchaser at a point outside Illinois so that the
25sale is exempt under the United States Constitution as a sale
26in interstate or foreign commerce.

HB3342 Enrolled- 151 -LRB100 08528 SMS 18653 b
1 (e) Nothing in this Section shall be construed to authorize
2a county to impose a tax upon the privilege of engaging in any
3business that under the Constitution of the United States may
4not be made the subject of taxation by this State.
5 (e-5) If a county imposes a tax under this Section, the
6county board may, by ordinance, discontinue or lower the rate
7of the tax. If the county board lowers the tax rate or
8discontinues the tax, a referendum must be held in accordance
9with subsection (a) of this Section in order to increase the
10rate of the tax or to reimpose the discontinued tax.
11 (f) Beginning April 1, 1998 and through December 31, 2013,
12the results of any election authorizing a proposition to impose
13a tax under this Section or effecting a change in the rate of
14tax, or any ordinance lowering the rate or discontinuing the
15tax, shall be certified by the county clerk and filed with the
16Illinois Department of Revenue either (i) on or before the
17first day of April, whereupon the Department shall proceed to
18administer and enforce the tax as of the first day of July next
19following the filing; or (ii) on or before the first day of
20October, whereupon the Department shall proceed to administer
21and enforce the tax as of the first day of January next
22following the filing.
23 Beginning January 1, 2014, the results of any election
24authorizing a proposition to impose a tax under this Section or
25effecting an increase in the rate of tax, along with the
26ordinance adopted to impose the tax or increase the rate of the

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1tax, or any ordinance adopted to lower the rate or discontinue
2the tax, shall be certified by the county clerk and filed with
3the Illinois Department of Revenue either (i) on or before the
4first day of May, whereupon the Department shall proceed to
5administer and enforce the tax as of the first day of July next
6following the adoption and filing; or (ii) on or before the
7first day of October, whereupon the Department shall proceed to
8administer and enforce the tax as of the first day of January
9next following the adoption and filing.
10 (g) When certifying the amount of a monthly disbursement to
11a county under this Section, the Department shall increase or
12decrease the amounts by an amount necessary to offset any
13miscalculation of previous disbursements. The offset amount
14shall be the amount erroneously disbursed within the previous 6
15months from the time a miscalculation is discovered.
16 (h) This Section may be cited as the "Special County
17Occupation Tax For Public Safety, Public Facilities, or
18Transportation Law".
19 (i) For purposes of this Section, "public safety" includes,
20but is not limited to, crime prevention, detention, fire
21fighting, police, medical, ambulance, or other emergency
22services. The county may share tax proceeds received under this
23Section for public safety purposes, including proceeds
24received before August 4, 2009 (the effective date of Public
25Act 96-124), with any fire protection district located in the
26county. For the purposes of this Section, "transportation"

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1includes, but is not limited to, the construction, maintenance,
2operation, and improvement of public highways, any other
3purpose for which a county may expend funds under the Illinois
4Highway Code, and passenger rail transportation. For the
5purposes of this Section, "public facilities purposes"
6includes, but is not limited to, the acquisition, development,
7construction, reconstruction, rehabilitation, improvement,
8financing, architectural planning, and installation of capital
9facilities consisting of buildings, structures, and durable
10equipment and for the acquisition and improvement of real
11property and interest in real property required, or expected to
12be required, in connection with the public facilities, for use
13by the county for the furnishing of governmental services to
14its citizens, including but not limited to museums and nursing
15homes.
16 (j) The Department may promulgate rules to implement Public
17Act 95-1002 only to the extent necessary to apply the existing
18rules for the Special County Retailers' Occupation Tax for
19Public Safety to this new purpose for public facilities.
20(Source: P.A. 99-4, eff. 5-31-15; 99-217, eff. 7-31-15; 99-642,
21eff. 7-28-16; 100-23, eff. 7-6-17.)
22 (55 ILCS 5/5-1007) (from Ch. 34, par. 5-1007)
23 Sec. 5-1007. Home Rule County Service Occupation Tax Law.
24The corporate authorities of a home rule county may impose a
25tax upon all persons engaged, in such county, in the business

HB3342 Enrolled- 154 -LRB100 08528 SMS 18653 b
1of making sales of service at the same rate of tax imposed
2pursuant to Section 5-1006 of the selling price of all tangible
3personal property transferred by such servicemen either in the
4form of tangible personal property or in the form of real
5estate as an incident to a sale of service. If imposed, such
6tax shall only be imposed in 1/4% increments. On and after
7September 1, 1991, this additional tax may not be imposed on
8the sales of food for human consumption which is to be consumed
9off the premises where it is sold (other than alcoholic
10beverages, soft drinks and food which has been prepared for
11immediate consumption) and prescription and nonprescription
12medicines, drugs, medical appliances and insulin, urine
13testing materials, syringes and needles used by diabetics. The
14tax imposed by a home rule county pursuant to this Section and
15all civil penalties that may be assessed as an incident thereof
16shall be collected and enforced by the State Department of
17Revenue. The certificate of registration which is issued by the
18Department to a retailer under the Retailers' Occupation Tax
19Act or under the Service Occupation Tax Act shall permit such
20registrant to engage in a business which is taxable under any
21ordinance or resolution enacted pursuant to this Section
22without registering separately with the Department under such
23ordinance or resolution or under this Section. The Department
24shall have full power to administer and enforce this Section;
25to collect all taxes and penalties due hereunder; to dispose of
26taxes and penalties so collected in the manner hereinafter

HB3342 Enrolled- 155 -LRB100 08528 SMS 18653 b
1provided; and to determine all rights to credit memoranda
2arising on account of the erroneous payment of tax or penalty
3hereunder. In the administration of, and compliance with, this
4Section the Department and persons who are subject to this
5Section shall have the same rights, remedies, privileges,
6immunities, powers and duties, and be subject to the same
7conditions, restrictions, limitations, penalties and
8definitions of terms, and employ the same modes of procedure,
9as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in
10respect to all provisions therein other than the State rate of
11tax), 4 (except that the reference to the State shall be to the
12taxing county), 5, 7, 8 (except that the jurisdiction to which
13the tax shall be a debt to the extent indicated in that Section
148 shall be the taxing county), 9 (except as to the disposition
15of taxes and penalties collected, and except that the returned
16merchandise credit for this county tax may not be taken against
17any State tax), 10, 11, 12 (except the reference therein to
18Section 2b of the Retailers' Occupation Tax Act), 13 (except
19that any reference to the State shall mean the taxing county),
20the first paragraph of Section 15, 16, 17, 18, 19 and 20 of the
21Service Occupation Tax Act and Section 3-7 of the Uniform
22Penalty and Interest Act, as fully as if those provisions were
23set forth herein.
24 No tax may be imposed by a home rule county pursuant to
25this Section unless such county also imposes a tax at the same
26rate pursuant to Section 5-1006.

HB3342 Enrolled- 156 -LRB100 08528 SMS 18653 b
1 Persons subject to any tax imposed pursuant to the
2authority granted in this Section may reimburse themselves for
3their serviceman's tax liability hereunder by separately
4stating such tax as an additional charge, which charge may be
5stated in combination, in a single amount, with State tax which
6servicemen are authorized to collect under the Service Use Tax
7Act, pursuant to such bracket schedules as the Department may
8prescribe.
9 Whenever the Department determines that a refund should be
10made under this Section to a claimant instead of issuing credit
11memorandum, the Department shall notify the State Comptroller,
12who shall cause the order to be drawn for the amount specified,
13and to the person named, in such notification from the
14Department. Such refund shall be paid by the State Treasurer
15out of the home rule county retailers' occupation tax fund.
16 The Department shall forthwith pay over to the State
17Treasurer, ex-officio, as trustee, all taxes and penalties
18collected hereunder.
19 As soon as possible after the first day of each month,
20beginning January 1, 2011, upon certification of the Department
21of Revenue, the Comptroller shall order transferred, and the
22Treasurer shall transfer, to the STAR Bonds Revenue Fund the
23local sales tax increment, as defined in the Innovation
24Development and Economy Act, collected under this Section
25during the second preceding calendar month for sales within a
26STAR bond district.

HB3342 Enrolled- 157 -LRB100 08528 SMS 18653 b
1 After the monthly transfer to the STAR Bonds Revenue Fund,
2on or before the 25th day of each calendar month, the
3Department shall prepare and certify to the Comptroller the
4disbursement of stated sums of money to named counties, the
5counties to be those from which suppliers and servicemen have
6paid taxes or penalties hereunder to the Department during the
7second preceding calendar month. The amount to be paid to each
8county shall be the amount (not including credit memoranda)
9collected hereunder during the second preceding calendar month
10by the Department, and not including an amount equal to the
11amount of refunds made during the second preceding calendar
12month by the Department on behalf of such county, and not
13including any amounts that are transferred to the STAR Bonds
14Revenue Fund, less 1.5% 2% of the remainder, which the
15Department shall transfer into the Tax Compliance and
16Administration Fund. The Department, at the time of each
17monthly disbursement to the counties, shall prepare and certify
18to the State Comptroller the amount to be transferred into the
19Tax Compliance and Administration Fund under this Section.
20Within 10 days after receipt, by the Comptroller, of the
21disbursement certification to the counties and the Tax
22Compliance and Administration Fund provided for in this Section
23to be given to the Comptroller by the Department, the
24Comptroller shall cause the orders to be drawn for the
25respective amounts in accordance with the directions contained
26in such certification.

HB3342 Enrolled- 158 -LRB100 08528 SMS 18653 b
1 In addition to the disbursement required by the preceding
2paragraph, an allocation shall be made in each year to each
3county which received more than $500,000 in disbursements under
4the preceding paragraph in the preceding calendar year. The
5allocation shall be in an amount equal to the average monthly
6distribution made to each such county under the preceding
7paragraph during the preceding calendar year (excluding the 2
8months of highest receipts). The distribution made in March of
9each year subsequent to the year in which an allocation was
10made pursuant to this paragraph and the preceding paragraph
11shall be reduced by the amount allocated and disbursed under
12this paragraph in the preceding calendar year. The Department
13shall prepare and certify to the Comptroller for disbursement
14the allocations made in accordance with this paragraph.
15 Nothing in this Section shall be construed to authorize a
16county to impose a tax upon the privilege of engaging in any
17business which under the Constitution of the United States may
18not be made the subject of taxation by this State.
19 An ordinance or resolution imposing or discontinuing a tax
20hereunder or effecting a change in the rate thereof shall be
21adopted and a certified copy thereof filed with the Department
22on or before the first day of June, whereupon the Department
23shall proceed to administer and enforce this Section as of the
24first day of September next following such adoption and filing.
25Beginning January 1, 1992, an ordinance or resolution imposing
26or discontinuing the tax hereunder or effecting a change in the

HB3342 Enrolled- 159 -LRB100 08528 SMS 18653 b
1rate thereof shall be adopted and a certified copy thereof
2filed with the Department on or before the first day of July,
3whereupon the Department shall proceed to administer and
4enforce this Section as of the first day of October next
5following such adoption and filing. Beginning January 1, 1993,
6an ordinance or resolution imposing or discontinuing the tax
7hereunder or effecting a change in the rate thereof shall be
8adopted and a certified copy thereof filed with the Department
9on or before the first day of October, whereupon the Department
10shall proceed to administer and enforce this Section as of the
11first day of January next following such adoption and filing.
12Beginning April 1, 1998, an ordinance or resolution imposing or
13discontinuing the tax hereunder or effecting a change in the
14rate thereof shall either (i) be adopted and a certified copy
15thereof filed with the Department on or before the first day of
16April, whereupon the Department shall proceed to administer and
17enforce this Section as of the first day of July next following
18the adoption and filing; or (ii) be adopted and a certified
19copy thereof filed with the Department on or before the first
20day of October, whereupon the Department shall proceed to
21administer and enforce this Section as of the first day of
22January next following the adoption and filing.
23 This Section shall be known and may be cited as the Home
24Rule County Service Occupation Tax Law.
25(Source: P.A. 100-23, eff. 7-6-17.)

HB3342 Enrolled- 160 -LRB100 08528 SMS 18653 b
1 Section 20-15. The Illinois Municipal Code is amended by
2changing Sections 8-11-1, 8-11-1.3, 8-11-1.4, 8-11-1.6,
38-11-1.7, and 8-11-5 as follows:
4 (65 ILCS 5/8-11-1) (from Ch. 24, par. 8-11-1)
5 Sec. 8-11-1. Home Rule Municipal Retailers' Occupation Tax
6Act. The corporate authorities of a home rule municipality may
7impose a tax upon all persons engaged in the business of
8selling tangible personal property, other than an item of
9tangible personal property titled or registered with an agency
10of this State's government, at retail in the municipality on
11the gross receipts from these sales made in the course of such
12business. If imposed, the tax shall only be imposed in 1/4%
13increments. On and after September 1, 1991, this additional tax
14may not be imposed on the sales of food for human consumption
15that is to be consumed off the premises where it is sold (other
16than alcoholic beverages, soft drinks and food that has been
17prepared for immediate consumption) and prescription and
18nonprescription medicines, drugs, medical appliances and
19insulin, urine testing materials, syringes and needles used by
20diabetics. The tax imposed by a home rule municipality under
21this Section and all civil penalties that may be assessed as an
22incident of the tax shall be collected and enforced by the
23State Department of Revenue. The certificate of registration
24that is issued by the Department to a retailer under the
25Retailers' Occupation Tax Act shall permit the retailer to

HB3342 Enrolled- 161 -LRB100 08528 SMS 18653 b
1engage in a business that is taxable under any ordinance or
2resolution enacted pursuant to this Section without
3registering separately with the Department under such
4ordinance or resolution or under this Section. The Department
5shall have full power to administer and enforce this Section;
6to collect all taxes and penalties due hereunder; to dispose of
7taxes and penalties so collected in the manner hereinafter
8provided; and to determine all rights to credit memoranda
9arising on account of the erroneous payment of tax or penalty
10hereunder. In the administration of, and compliance with, this
11Section the Department and persons who are subject to this
12Section shall have the same rights, remedies, privileges,
13immunities, powers and duties, and be subject to the same
14conditions, restrictions, limitations, penalties and
15definitions of terms, and employ the same modes of procedure,
16as are prescribed in Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k,
171m, 1n, 2 through 2-65 (in respect to all provisions therein
18other than the State rate of tax), 2c, 3 (except as to the
19disposition of taxes and penalties collected), 4, 5, 5a, 5b,
205c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8,
219, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and
22Section 3-7 of the Uniform Penalty and Interest Act, as fully
23as if those provisions were set forth herein.
24 No tax may be imposed by a home rule municipality under
25this Section unless the municipality also imposes a tax at the
26same rate under Section 8-11-5 of this Act.

HB3342 Enrolled- 162 -LRB100 08528 SMS 18653 b
1 Persons subject to any tax imposed under the authority
2granted in this Section may reimburse themselves for their
3seller's tax liability hereunder by separately stating that tax
4as an additional charge, which charge may be stated in
5combination, in a single amount, with State tax which sellers
6are required to collect under the Use Tax Act, pursuant to such
7bracket schedules as the Department may prescribe.
8 Whenever the Department determines that a refund should be
9made under this Section to a claimant instead of issuing a
10credit memorandum, the Department shall notify the State
11Comptroller, who shall cause the order to be drawn for the
12amount specified and to the person named in the notification
13from the Department. The refund shall be paid by the State
14Treasurer out of the home rule municipal retailers' occupation
15tax fund.
16 The Department shall immediately pay over to the State
17Treasurer, ex officio, as trustee, all taxes and penalties
18collected hereunder.
19 As soon as possible after the first day of each month,
20beginning January 1, 2011, upon certification of the Department
21of Revenue, the Comptroller shall order transferred, and the
22Treasurer shall transfer, to the STAR Bonds Revenue Fund the
23local sales tax increment, as defined in the Innovation
24Development and Economy Act, collected under this Section
25during the second preceding calendar month for sales within a
26STAR bond district.

HB3342 Enrolled- 163 -LRB100 08528 SMS 18653 b
1 After the monthly transfer to the STAR Bonds Revenue Fund,
2on or before the 25th day of each calendar month, the
3Department shall prepare and certify to the Comptroller the
4disbursement of stated sums of money to named municipalities,
5the municipalities to be those from which retailers have paid
6taxes or penalties hereunder to the Department during the
7second preceding calendar month. The amount to be paid to each
8municipality shall be the amount (not including credit
9memoranda) collected hereunder during the second preceding
10calendar month by the Department plus an amount the Department
11determines is necessary to offset any amounts that were
12erroneously paid to a different taxing body, and not including
13an amount equal to the amount of refunds made during the second
14preceding calendar month by the Department on behalf of such
15municipality, and not including any amount that the Department
16determines is necessary to offset any amounts that were payable
17to a different taxing body but were erroneously paid to the
18municipality, and not including any amounts that are
19transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
20remainder, which the Department shall transfer into the Tax
21Compliance and Administration Fund. The Department, at the time
22of each monthly disbursement to the municipalities, shall
23prepare and certify to the State Comptroller the amount to be
24transferred into the Tax Compliance and Administration Fund
25under this Section. Within 10 days after receipt by the
26Comptroller of the disbursement certification to the

HB3342 Enrolled- 164 -LRB100 08528 SMS 18653 b
1municipalities and the Tax Compliance and Administration Fund
2provided for in this Section to be given to the Comptroller by
3the Department, the Comptroller shall cause the orders to be
4drawn for the respective amounts in accordance with the
5directions contained in the certification.
6 In addition to the disbursement required by the preceding
7paragraph and in order to mitigate delays caused by
8distribution procedures, an allocation shall, if requested, be
9made within 10 days after January 14, 1991, and in November of
101991 and each year thereafter, to each municipality that
11received more than $500,000 during the preceding fiscal year,
12(July 1 through June 30) whether collected by the municipality
13or disbursed by the Department as required by this Section.
14Within 10 days after January 14, 1991, participating
15municipalities shall notify the Department in writing of their
16intent to participate. In addition, for the initial
17distribution, participating municipalities shall certify to
18the Department the amounts collected by the municipality for
19each month under its home rule occupation and service
20occupation tax during the period July 1, 1989 through June 30,
211990. The allocation within 10 days after January 14, 1991,
22shall be in an amount equal to the monthly average of these
23amounts, excluding the 2 months of highest receipts. The
24monthly average for the period of July 1, 1990 through June 30,
251991 will be determined as follows: the amounts collected by
26the municipality under its home rule occupation and service

HB3342 Enrolled- 165 -LRB100 08528 SMS 18653 b
1occupation tax during the period of July 1, 1990 through
2September 30, 1990, plus amounts collected by the Department
3and paid to such municipality through June 30, 1991, excluding
4the 2 months of highest receipts. The monthly average for each
5subsequent period of July 1 through June 30 shall be an amount
6equal to the monthly distribution made to each such
7municipality under the preceding paragraph during this period,
8excluding the 2 months of highest receipts. The distribution
9made in November 1991 and each year thereafter under this
10paragraph and the preceding paragraph shall be reduced by the
11amount allocated and disbursed under this paragraph in the
12preceding period of July 1 through June 30. The Department
13shall prepare and certify to the Comptroller for disbursement
14the allocations made in accordance with this paragraph.
15 For the purpose of determining the local governmental unit
16whose tax is applicable, a retail sale by a producer of coal or
17other mineral mined in Illinois is a sale at retail at the
18place where the coal or other mineral mined in Illinois is
19extracted from the earth. This paragraph does not apply to coal
20or other mineral when it is delivered or shipped by the seller
21to the purchaser at a point outside Illinois so that the sale
22is exempt under the United States Constitution as a sale in
23interstate or foreign commerce.
24 Nothing in this Section shall be construed to authorize a
25municipality to impose a tax upon the privilege of engaging in
26any business which under the Constitution of the United States

HB3342 Enrolled- 166 -LRB100 08528 SMS 18653 b
1may not be made the subject of taxation by this State.
2 An ordinance or resolution imposing or discontinuing a tax
3hereunder or effecting a change in the rate thereof shall be
4adopted and a certified copy thereof filed with the Department
5on or before the first day of June, whereupon the Department
6shall proceed to administer and enforce this Section as of the
7first day of September next following the adoption and filing.
8Beginning January 1, 1992, an ordinance or resolution imposing
9or discontinuing the tax hereunder or effecting a change in the
10rate thereof shall be adopted and a certified copy thereof
11filed with the Department on or before the first day of July,
12whereupon the Department shall proceed to administer and
13enforce this Section as of the first day of October next
14following such adoption and filing. Beginning January 1, 1993,
15an ordinance or resolution imposing or discontinuing the tax
16hereunder or effecting a change in the rate thereof shall be
17adopted and a certified copy thereof filed with the Department
18on or before the first day of October, whereupon the Department
19shall proceed to administer and enforce this Section as of the
20first day of January next following the adoption and filing.
21However, a municipality located in a county with a population
22in excess of 3,000,000 that elected to become a home rule unit
23at the general primary election in 1994 may adopt an ordinance
24or resolution imposing the tax under this Section and file a
25certified copy of the ordinance or resolution with the
26Department on or before July 1, 1994. The Department shall then

HB3342 Enrolled- 167 -LRB100 08528 SMS 18653 b
1proceed to administer and enforce this Section as of October 1,
21994. Beginning April 1, 1998, an ordinance or resolution
3imposing or discontinuing the tax hereunder or effecting a
4change in the rate thereof shall either (i) be adopted and a
5certified copy thereof filed with the Department on or before
6the first day of April, whereupon the Department shall proceed
7to administer and enforce this Section as of the first day of
8July next following the adoption and filing; or (ii) be adopted
9and a certified copy thereof filed with the Department on or
10before the first day of October, whereupon the Department shall
11proceed to administer and enforce this Section as of the first
12day of January next following the adoption and filing.
13 When certifying the amount of a monthly disbursement to a
14municipality under this Section, the Department shall increase
15or decrease the amount by an amount necessary to offset any
16misallocation of previous disbursements. The offset amount
17shall be the amount erroneously disbursed within the previous 6
18months from the time a misallocation is discovered.
19 Any unobligated balance remaining in the Municipal
20Retailers' Occupation Tax Fund on December 31, 1989, which fund
21was abolished by Public Act 85-1135, and all receipts of
22municipal tax as a result of audits of liability periods prior
23to January 1, 1990, shall be paid into the Local Government Tax
24Fund for distribution as provided by this Section prior to the
25enactment of Public Act 85-1135. All receipts of municipal tax
26as a result of an assessment not arising from an audit, for

HB3342 Enrolled- 168 -LRB100 08528 SMS 18653 b
1liability periods prior to January 1, 1990, shall be paid into
2the Local Government Tax Fund for distribution before July 1,
31990, as provided by this Section prior to the enactment of
4Public Act 85-1135; and on and after July 1, 1990, all such
5receipts shall be distributed as provided in Section 6z-18 of
6the State Finance Act.
7 As used in this Section, "municipal" and "municipality"
8means a city, village or incorporated town, including an
9incorporated town that has superseded a civil township.
10 This Section shall be known and may be cited as the Home
11Rule Municipal Retailers' Occupation Tax Act.
12(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17.)
13 (65 ILCS 5/8-11-1.3) (from Ch. 24, par. 8-11-1.3)
14 Sec. 8-11-1.3. Non-Home Rule Municipal Retailers'
15Occupation Tax Act. The corporate authorities of a non-home
16rule municipality may impose a tax upon all persons engaged in
17the business of selling tangible personal property, other than
18on an item of tangible personal property which is titled and
19registered by an agency of this State's Government, at retail
20in the municipality for expenditure on public infrastructure or
21for property tax relief or both as defined in Section 8-11-1.2
22if approved by referendum as provided in Section 8-11-1.1, of
23the gross receipts from such sales made in the course of such
24business. If the tax is approved by referendum on or after July
2514, 2010 (the effective date of Public Act 96-1057), the

HB3342 Enrolled- 169 -LRB100 08528 SMS 18653 b
1corporate authorities of a non-home rule municipality may,
2until December 31, 2020, use the proceeds of the tax for
3expenditure on municipal operations, in addition to or in lieu
4of any expenditure on public infrastructure or for property tax
5relief. The tax imposed may not be more than 1% and may be
6imposed only in 1/4% increments. The tax may not be imposed on
7the sale of food for human consumption that is to be consumed
8off the premises where it is sold (other than alcoholic
9beverages, soft drinks, and food that has been prepared for
10immediate consumption) and prescription and nonprescription
11medicines, drugs, medical appliances, and insulin, urine
12testing materials, syringes, and needles used by diabetics. The
13tax imposed by a municipality pursuant to this Section and all
14civil penalties that may be assessed as an incident thereof
15shall be collected and enforced by the State Department of
16Revenue. The certificate of registration which is issued by the
17Department to a retailer under the Retailers' Occupation Tax
18Act shall permit such retailer to engage in a business which is
19taxable under any ordinance or resolution enacted pursuant to
20this Section without registering separately with the
21Department under such ordinance or resolution or under this
22Section. The Department shall have full power to administer and
23enforce this Section; to collect all taxes and penalties due
24hereunder; to dispose of taxes and penalties so collected in
25the manner hereinafter provided, and to determine all rights to
26credit memoranda, arising on account of the erroneous payment

HB3342 Enrolled- 170 -LRB100 08528 SMS 18653 b
1of tax or penalty hereunder. In the administration of, and
2compliance with, this Section, the Department and persons who
3are subject to this Section shall have the same rights,
4remedies, privileges, immunities, powers and duties, and be
5subject to the same conditions, restrictions, limitations,
6penalties and definitions of terms, and employ the same modes
7of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d,
81e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
9therein other than the State rate of tax), 2c, 3 (except as to
10the disposition of taxes and penalties collected), 4, 5, 5a,
115b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
127, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act
13and Section 3-7 of the Uniform Penalty and Interest Act as
14fully as if those provisions were set forth herein.
15 No municipality may impose a tax under this Section unless
16the municipality also imposes a tax at the same rate under
17Section 8-11-1.4 of this Code.
18 Persons subject to any tax imposed pursuant to the
19authority granted in this Section may reimburse themselves for
20their seller's tax liability hereunder by separately stating
21such tax as an additional charge, which charge may be stated in
22combination, in a single amount, with State tax which sellers
23are required to collect under the Use Tax Act, pursuant to such
24bracket schedules as the Department may prescribe.
25 Whenever the Department determines that a refund should be
26made under this Section to a claimant instead of issuing a

HB3342 Enrolled- 171 -LRB100 08528 SMS 18653 b
1credit memorandum, the Department shall notify the State
2Comptroller, who shall cause the order to be drawn for the
3amount specified, and to the person named, in such notification
4from the Department. Such refund shall be paid by the State
5Treasurer out of the non-home rule municipal retailers'
6occupation tax fund.
7 The Department shall forthwith pay over to the State
8Treasurer, ex officio, as trustee, all taxes and penalties
9collected hereunder.
10 As soon as possible after the first day of each month,
11beginning January 1, 2011, upon certification of the Department
12of Revenue, the Comptroller shall order transferred, and the
13Treasurer shall transfer, to the STAR Bonds Revenue Fund the
14local sales tax increment, as defined in the Innovation
15Development and Economy Act, collected under this Section
16during the second preceding calendar month for sales within a
17STAR bond district.
18 After the monthly transfer to the STAR Bonds Revenue Fund,
19on or before the 25th day of each calendar month, the
20Department shall prepare and certify to the Comptroller the
21disbursement of stated sums of money to named municipalities,
22the municipalities to be those from which retailers have paid
23taxes or penalties hereunder to the Department during the
24second preceding calendar month. The amount to be paid to each
25municipality shall be the amount (not including credit
26memoranda) collected hereunder during the second preceding

HB3342 Enrolled- 172 -LRB100 08528 SMS 18653 b
1calendar month by the Department plus an amount the Department
2determines is necessary to offset any amounts which were
3erroneously paid to a different taxing body, and not including
4an amount equal to the amount of refunds made during the second
5preceding calendar month by the Department on behalf of such
6municipality, and not including any amount which the Department
7determines is necessary to offset any amounts which were
8payable to a different taxing body but were erroneously paid to
9the municipality, and not including any amounts that are
10transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
11remainder, which the Department shall transfer into the Tax
12Compliance and Administration Fund. The Department, at the time
13of each monthly disbursement to the municipalities, shall
14prepare and certify to the State Comptroller the amount to be
15transferred into the Tax Compliance and Administration Fund
16under this Section. Within 10 days after receipt, by the
17Comptroller, of the disbursement certification to the
18municipalities and the Tax Compliance and Administration Fund
19provided for in this Section to be given to the Comptroller by
20the Department, the Comptroller shall cause the orders to be
21drawn for the respective amounts in accordance with the
22directions contained in such certification.
23 For the purpose of determining the local governmental unit
24whose tax is applicable, a retail sale, by a producer of coal
25or other mineral mined in Illinois, is a sale at retail at the
26place where the coal or other mineral mined in Illinois is

HB3342 Enrolled- 173 -LRB100 08528 SMS 18653 b
1extracted from the earth. This paragraph does not apply to coal
2or other mineral when it is delivered or shipped by the seller
3to the purchaser at a point outside Illinois so that the sale
4is exempt under the Federal Constitution as a sale in
5interstate or foreign commerce.
6 Nothing in this Section shall be construed to authorize a
7municipality to impose a tax upon the privilege of engaging in
8any business which under the constitution of the United States
9may not be made the subject of taxation by this State.
10 When certifying the amount of a monthly disbursement to a
11municipality under this Section, the Department shall increase
12or decrease such amount by an amount necessary to offset any
13misallocation of previous disbursements. The offset amount
14shall be the amount erroneously disbursed within the previous 6
15months from the time a misallocation is discovered.
16 The Department of Revenue shall implement this amendatory
17Act of the 91st General Assembly so as to collect the tax on
18and after January 1, 2002.
19 As used in this Section, "municipal" and "municipality"
20means a city, village or incorporated town, including an
21incorporated town which has superseded a civil township.
22 This Section shall be known and may be cited as the
23"Non-Home Rule Municipal Retailers' Occupation Tax Act".
24(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17.)
25 (65 ILCS 5/8-11-1.4) (from Ch. 24, par. 8-11-1.4)

HB3342 Enrolled- 174 -LRB100 08528 SMS 18653 b
1 Sec. 8-11-1.4. Non-Home Rule Municipal Service Occupation
2Tax Act. The corporate authorities of a non-home rule
3municipality may impose a tax upon all persons engaged, in such
4municipality, in the business of making sales of service for
5expenditure on public infrastructure or for property tax relief
6or both as defined in Section 8-11-1.2 if approved by
7referendum as provided in Section 8-11-1.1, of the selling
8price of all tangible personal property transferred by such
9servicemen either in the form of tangible personal property or
10in the form of real estate as an incident to a sale of service.
11If the tax is approved by referendum on or after July 14, 2010
12(the effective date of Public Act 96-1057), the corporate
13authorities of a non-home rule municipality may, until December
1431, 2020, use the proceeds of the tax for expenditure on
15municipal operations, in addition to or in lieu of any
16expenditure on public infrastructure or for property tax
17relief. The tax imposed may not be more than 1% and may be
18imposed only in 1/4% increments. The tax may not be imposed on
19the sale of food for human consumption that is to be consumed
20off the premises where it is sold (other than alcoholic
21beverages, soft drinks, and food that has been prepared for
22immediate consumption) and prescription and nonprescription
23medicines, drugs, medical appliances, and insulin, urine
24testing materials, syringes, and needles used by diabetics. The
25tax imposed by a municipality pursuant to this Section and all
26civil penalties that may be assessed as an incident thereof

HB3342 Enrolled- 175 -LRB100 08528 SMS 18653 b
1shall be collected and enforced by the State Department of
2Revenue. The certificate of registration which is issued by the
3Department to a retailer under the Retailers' Occupation Tax
4Act or under the Service Occupation Tax Act shall permit such
5registrant to engage in a business which is taxable under any
6ordinance or resolution enacted pursuant to this Section
7without registering separately with the Department under such
8ordinance or resolution or under this Section. The Department
9shall have full power to administer and enforce this Section;
10to collect all taxes and penalties due hereunder; to dispose of
11taxes and penalties so collected in the manner hereinafter
12provided, and to determine all rights to credit memoranda
13arising on account of the erroneous payment of tax or penalty
14hereunder. In the administration of, and compliance with, this
15Section the Department and persons who are subject to this
16Section shall have the same rights, remedies, privileges,
17immunities, powers and duties, and be subject to the same
18conditions, restrictions, limitations, penalties and
19definitions of terms, and employ the same modes of procedure,
20as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in
21respect to all provisions therein other than the State rate of
22tax), 4 (except that the reference to the State shall be to the
23taxing municipality), 5, 7, 8 (except that the jurisdiction to
24which the tax shall be a debt to the extent indicated in that
25Section 8 shall be the taxing municipality), 9 (except as to
26the disposition of taxes and penalties collected, and except

HB3342 Enrolled- 176 -LRB100 08528 SMS 18653 b
1that the returned merchandise credit for this municipal tax may
2not be taken against any State tax), 10, 11, 12 (except the
3reference therein to Section 2b of the Retailers' Occupation
4Tax Act), 13 (except that any reference to the State shall mean
5the taxing municipality), the first paragraph of Section 15,
616, 17, 18, 19 and 20 of the Service Occupation Tax Act and
7Section 3-7 of the Uniform Penalty and Interest Act, as fully
8as if those provisions were set forth herein.
9 No municipality may impose a tax under this Section unless
10the municipality also imposes a tax at the same rate under
11Section 8-11-1.3 of this Code.
12 Persons subject to any tax imposed pursuant to the
13authority granted in this Section may reimburse themselves for
14their serviceman's tax liability hereunder by separately
15stating such tax as an additional charge, which charge may be
16stated in combination, in a single amount, with State tax which
17servicemen are authorized to collect under the Service Use Tax
18Act, pursuant to such bracket schedules as the Department may
19prescribe.
20 Whenever the Department determines that a refund should be
21made under this Section to a claimant instead of issuing credit
22memorandum, the Department shall notify the State Comptroller,
23who shall cause the order to be drawn for the amount specified,
24and to the person named, in such notification from the
25Department. Such refund shall be paid by the State Treasurer
26out of the municipal retailers' occupation tax fund.

HB3342 Enrolled- 177 -LRB100 08528 SMS 18653 b
1 The Department shall forthwith pay over to the State
2Treasurer, ex officio, as trustee, all taxes and penalties
3collected hereunder.
4 As soon as possible after the first day of each month,
5beginning January 1, 2011, upon certification of the Department
6of Revenue, the Comptroller shall order transferred, and the
7Treasurer shall transfer, to the STAR Bonds Revenue Fund the
8local sales tax increment, as defined in the Innovation
9Development and Economy Act, collected under this Section
10during the second preceding calendar month for sales within a
11STAR bond district.
12 After the monthly transfer to the STAR Bonds Revenue Fund,
13on or before the 25th day of each calendar month, the
14Department shall prepare and certify to the Comptroller the
15disbursement of stated sums of money to named municipalities,
16the municipalities to be those from which suppliers and
17servicemen have paid taxes or penalties hereunder to the
18Department during the second preceding calendar month. The
19amount to be paid to each municipality shall be the amount (not
20including credit memoranda) collected hereunder during the
21second preceding calendar month by the Department, and not
22including an amount equal to the amount of refunds made during
23the second preceding calendar month by the Department on behalf
24of such municipality, and not including any amounts that are
25transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
26remainder, which the Department shall transfer into the Tax

HB3342 Enrolled- 178 -LRB100 08528 SMS 18653 b
1Compliance and Administration Fund. The Department, at the time
2of each monthly disbursement to the municipalities, shall
3prepare and certify to the State Comptroller the amount to be
4transferred into the Tax Compliance and Administration Fund
5under this Section. Within 10 days after receipt, by the
6Comptroller, of the disbursement certification to the
7municipalities, the General Revenue Fund, and the Tax
8Compliance and Administration Fund provided for in this Section
9to be given to the Comptroller by the Department, the
10Comptroller shall cause the orders to be drawn for the
11respective amounts in accordance with the directions contained
12in such certification.
13 The Department of Revenue shall implement this amendatory
14Act of the 91st General Assembly so as to collect the tax on
15and after January 1, 2002.
16 Nothing in this Section shall be construed to authorize a
17municipality to impose a tax upon the privilege of engaging in
18any business which under the constitution of the United States
19may not be made the subject of taxation by this State.
20 As used in this Section, "municipal" or "municipality"
21means or refers to a city, village or incorporated town,
22including an incorporated town which has superseded a civil
23township.
24 This Section shall be known and may be cited as the
25"Non-Home Rule Municipal Service Occupation Tax Act".
26(Source: P.A. 100-23, eff. 7-6-17.)

HB3342 Enrolled- 179 -LRB100 08528 SMS 18653 b
1 (65 ILCS 5/8-11-1.6)
2 Sec. 8-11-1.6. Non-home rule municipal retailers
3occupation tax; municipalities between 20,000 and 25,000. The
4corporate authorities of a non-home rule municipality with a
5population of more than 20,000 but less than 25,000 that has,
6prior to January 1, 1987, established a Redevelopment Project
7Area that has been certified as a State Sales Tax Boundary and
8has issued bonds or otherwise incurred indebtedness to pay for
9costs in excess of $5,000,000, which is secured in part by a
10tax increment allocation fund, in accordance with the
11provisions of Division 11-74.4 of this Code may, by passage of
12an ordinance, impose a tax upon all persons engaged in the
13business of selling tangible personal property, other than on
14an item of tangible personal property that is titled and
15registered by an agency of this State's Government, at retail
16in the municipality. This tax may not be imposed on the sales
17of food for human consumption that is to be consumed off the
18premises where it is sold (other than alcoholic beverages, soft
19drinks, and food that has been prepared for immediate
20consumption) and prescription and nonprescription medicines,
21drugs, medical appliances and insulin, urine testing
22materials, syringes, and needles used by diabetics. If imposed,
23the tax shall only be imposed in .25% increments of the gross
24receipts from such sales made in the course of business. Any
25tax imposed by a municipality under this Section and all civil

HB3342 Enrolled- 180 -LRB100 08528 SMS 18653 b
1penalties that may be assessed as an incident thereof shall be
2collected and enforced by the State Department of Revenue. An
3ordinance imposing a tax hereunder or effecting a change in the
4rate thereof shall be adopted and a certified copy thereof
5filed with the Department on or before the first day of
6October, whereupon the Department shall proceed to administer
7and enforce this Section as of the first day of January next
8following such adoption and filing. The certificate of
9registration that is issued by the Department to a retailer
10under the Retailers' Occupation Tax Act shall permit the
11retailer to engage in a business that is taxable under any
12ordinance or resolution enacted under this Section without
13registering separately with the Department under the ordinance
14or resolution or under this Section. The Department shall have
15full power to administer and enforce this Section, to collect
16all taxes and penalties due hereunder, to dispose of taxes and
17penalties so collected in the manner hereinafter provided, and
18to determine all rights to credit memoranda, arising on account
19of the erroneous payment of tax or penalty hereunder. In the
20administration of, and compliance with this Section, the
21Department and persons who are subject to this Section shall
22have the same rights, remedies, privileges, immunities,
23powers, and duties, and be subject to the same conditions,
24restrictions, limitations, penalties, and definitions of
25terms, and employ the same modes of procedure, as are
26prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2

HB3342 Enrolled- 181 -LRB100 08528 SMS 18653 b
1through 2-65 (in respect to all provisions therein other than
2the State rate of tax), 2c, 3 (except as to the disposition of
3taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
45g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12
5and 13 of the Retailers' Occupation Tax Act and Section 3-7 of
6the Uniform Penalty and Interest Act as fully as if those
7provisions were set forth herein.
8 A tax may not be imposed by a municipality under this
9Section unless the municipality also imposes a tax at the same
10rate under Section 8-11-1.7 of this Act.
11 Persons subject to any tax imposed under the authority
12granted in this Section, may reimburse themselves for their
13seller's tax liability hereunder by separately stating the tax
14as an additional charge, which charge may be stated in
15combination, in a single amount, with State tax which sellers
16are required to collect under the Use Tax Act, pursuant to such
17bracket schedules as the Department may prescribe.
18 Whenever the Department determines that a refund should be
19made under this Section to a claimant, instead of issuing a
20credit memorandum, the Department shall notify the State
21Comptroller, who shall cause the order to be drawn for the
22amount specified, and to the person named in the notification
23from the Department. The refund shall be paid by the State
24Treasurer out of the Non-Home Rule Municipal Retailers'
25Occupation Tax Fund, which is hereby created.
26 The Department shall forthwith pay over to the State

HB3342 Enrolled- 182 -LRB100 08528 SMS 18653 b
1Treasurer, ex officio, as trustee, all taxes and penalties
2collected hereunder.
3 As soon as possible after the first day of each month,
4beginning January 1, 2011, upon certification of the Department
5of Revenue, the Comptroller shall order transferred, and the
6Treasurer shall transfer, to the STAR Bonds Revenue Fund the
7local sales tax increment, as defined in the Innovation
8Development and Economy Act, collected under this Section
9during the second preceding calendar month for sales within a
10STAR bond district.
11 After the monthly transfer to the STAR Bonds Revenue Fund,
12on or before the 25th day of each calendar month, the
13Department shall prepare and certify to the Comptroller the
14disbursement of stated sums of money to named municipalities,
15the municipalities to be those from which retailers have paid
16taxes or penalties hereunder to the Department during the
17second preceding calendar month. The amount to be paid to each
18municipality shall be the amount (not including credit
19memoranda) collected hereunder during the second preceding
20calendar month by the Department plus an amount the Department
21determines is necessary to offset any amounts that were
22erroneously paid to a different taxing body, and not including
23an amount equal to the amount of refunds made during the second
24preceding calendar month by the Department on behalf of the
25municipality, and not including any amount that the Department
26determines is necessary to offset any amounts that were payable

HB3342 Enrolled- 183 -LRB100 08528 SMS 18653 b
1to a different taxing body but were erroneously paid to the
2municipality, and not including any amounts that are
3transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
4remainder, which the Department shall transfer into the Tax
5Compliance and Administration Fund. The Department, at the time
6of each monthly disbursement to the municipalities, shall
7prepare and certify to the State Comptroller the amount to be
8transferred into the Tax Compliance and Administration Fund
9under this Section. Within 10 days after receipt by the
10Comptroller of the disbursement certification to the
11municipalities and the Tax Compliance and Administration Fund
12provided for in this Section to be given to the Comptroller by
13the Department, the Comptroller shall cause the orders to be
14drawn for the respective amounts in accordance with the
15directions contained in the certification.
16 For the purpose of determining the local governmental unit
17whose tax is applicable, a retail sale by a producer of coal or
18other mineral mined in Illinois is a sale at retail at the
19place where the coal or other mineral mined in Illinois is
20extracted from the earth. This paragraph does not apply to coal
21or other mineral when it is delivered or shipped by the seller
22to the purchaser at a point outside Illinois so that the sale
23is exempt under the federal Constitution as a sale in
24interstate or foreign commerce.
25 Nothing in this Section shall be construed to authorize a
26municipality to impose a tax upon the privilege of engaging in

HB3342 Enrolled- 184 -LRB100 08528 SMS 18653 b
1any business which under the constitution of the United States
2may not be made the subject of taxation by this State.
3 When certifying the amount of a monthly disbursement to a
4municipality under this Section, the Department shall increase
5or decrease the amount by an amount necessary to offset any
6misallocation of previous disbursements. The offset amount
7shall be the amount erroneously disbursed within the previous 6
8months from the time a misallocation is discovered.
9 As used in this Section, "municipal" and "municipality"
10means a city, village, or incorporated town, including an
11incorporated town that has superseded a civil township.
12(Source: P.A. 99-217, eff. 7-31-15; 99-642, eff. 7-28-16;
13100-23, eff. 7-6-17; revised 10-3-17.)
14 (65 ILCS 5/8-11-1.7)
15 Sec. 8-11-1.7. Non-home rule municipal service occupation
16tax; municipalities between 20,000 and 25,000. The corporate
17authorities of a non-home rule municipality with a population
18of more than 20,000 but less than 25,000 as determined by the
19last preceding decennial census that has, prior to January 1,
201987, established a Redevelopment Project Area that has been
21certified as a State Sales Tax Boundary and has issued bonds or
22otherwise incurred indebtedness to pay for costs in excess of
23$5,000,000, which is secured in part by a tax increment
24allocation fund, in accordance with the provisions of Division
2511-74.4 of this Code may, by passage of an ordinance, impose a

HB3342 Enrolled- 185 -LRB100 08528 SMS 18653 b
1tax upon all persons engaged in the municipality in the
2business of making sales of service. If imposed, the tax shall
3only be imposed in .25% increments of the selling price of all
4tangible personal property transferred by such servicemen
5either in the form of tangible personal property or in the form
6of real estate as an incident to a sale of service. This tax
7may not be imposed on the sales of food for human consumption
8that is to be consumed off the premises where it is sold (other
9than alcoholic beverages, soft drinks, and food that has been
10prepared for immediate consumption) and prescription and
11nonprescription medicines, drugs, medical appliances and
12insulin, urine testing materials, syringes, and needles used by
13diabetics. The tax imposed by a municipality under this Section
14Sec. and all civil penalties that may be assessed as an
15incident thereof shall be collected and enforced by the State
16Department of Revenue. An ordinance imposing a tax hereunder or
17effecting a change in the rate thereof shall be adopted and a
18certified copy thereof filed with the Department on or before
19the first day of October, whereupon the Department shall
20proceed to administer and enforce this Section as of the first
21day of January next following such adoption and filing. The
22certificate of registration that is issued by the Department to
23a retailer under the Retailers' Occupation Tax Act or under the
24Service Occupation Tax Act shall permit the registrant to
25engage in a business that is taxable under any ordinance or
26resolution enacted under this Section without registering

HB3342 Enrolled- 186 -LRB100 08528 SMS 18653 b
1separately with the Department under the ordinance or
2resolution or under this Section. The Department shall have
3full power to administer and enforce this Section, to collect
4all taxes and penalties due hereunder, to dispose of taxes and
5penalties so collected in a manner hereinafter provided, and to
6determine all rights to credit memoranda arising on account of
7the erroneous payment of tax or penalty hereunder. In the
8administration of and compliance with this Section, the
9Department and persons who are subject to this Section shall
10have the same rights, remedies, privileges, immunities,
11powers, and duties, and be subject to the same conditions,
12restrictions, limitations, penalties and definitions of terms,
13and employ the same modes of procedure, as are prescribed in
14Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
15provisions therein other than the State rate of tax), 4 (except
16that the reference to the State shall be to the taxing
17municipality), 5, 7, 8 (except that the jurisdiction to which
18the tax shall be a debt to the extent indicated in that Section
198 shall be the taxing municipality), 9 (except as to the
20disposition of taxes and penalties collected, and except that
21the returned merchandise credit for this municipal tax may not
22be taken against any State tax), 10, 11, 12, (except the
23reference therein to Section 2b of the Retailers' Occupation
24Tax Act), 13 (except that any reference to the State shall mean
25the taxing municipality), the first paragraph of Sections 15,
2616, 17, 18, 19, and 20 of the Service Occupation Tax Act and

HB3342 Enrolled- 187 -LRB100 08528 SMS 18653 b
1Section 3-7 of the Uniform Penalty and Interest Act, as fully
2as if those provisions were set forth herein.
3 A tax may not be imposed by a municipality under this
4Section unless the municipality also imposes a tax at the same
5rate under Section 8-11-1.6 of this Act.
6 Person subject to any tax imposed under the authority
7granted in this Section may reimburse themselves for their
8servicemen's tax liability hereunder by separately stating the
9tax as an additional charge, which charge may be stated in
10combination, in a single amount, with State tax that servicemen
11are authorized to collect under the Service Use Tax Act, under
12such bracket schedules as the Department may prescribe.
13 Whenever the Department determines that a refund should be
14made under this Section to a claimant instead of issuing credit
15memorandum, the Department shall notify the State Comptroller,
16who shall cause the order to be drawn for the amount specified,
17and to the person named, in such notification from the
18Department. The refund shall be paid by the State Treasurer out
19of the Non-Home Rule Municipal Retailers' Occupation Tax Fund.
20 The Department shall forthwith pay over to the State
21Treasurer, ex officio, as trustee, all taxes and penalties
22collected hereunder.
23 As soon as possible after the first day of each month,
24beginning January 1, 2011, upon certification of the Department
25of Revenue, the Comptroller shall order transferred, and the
26Treasurer shall transfer, to the STAR Bonds Revenue Fund the

HB3342 Enrolled- 188 -LRB100 08528 SMS 18653 b
1local sales tax increment, as defined in the Innovation
2Development and Economy Act, collected under this Section
3during the second preceding calendar month for sales within a
4STAR bond district.
5 After the monthly transfer to the STAR Bonds Revenue Fund,
6on or before the 25th day of each calendar month, the
7Department shall prepare and certify to the Comptroller the
8disbursement of stated sums of money to named municipalities,
9the municipalities to be those from which suppliers and
10servicemen have paid taxes or penalties hereunder to the
11Department during the second preceding calendar month. The
12amount to be paid to each municipality shall be the amount (not
13including credit memoranda) collected hereunder during the
14second preceding calendar month by the Department, and not
15including an amount equal to the amount of refunds made during
16the second preceding calendar month by the Department on behalf
17of such municipality, and not including any amounts that are
18transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
19remainder, which the Department shall transfer into the Tax
20Compliance and Administration Fund. The Department, at the time
21of each monthly disbursement to the municipalities, shall
22prepare and certify to the State Comptroller the amount to be
23transferred into the Tax Compliance and Administration Fund
24under this Section. Within 10 days after receipt by the
25Comptroller of the disbursement certification to the
26municipalities, the Tax Compliance and Administration Fund,

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1and the General Revenue Fund, provided for in this Section to
2be given to the Comptroller by the Department, the Comptroller
3shall cause the orders to be drawn for the respective amounts
4in accordance with the directions contained in the
5certification.
6 When certifying the amount of a monthly disbursement to a
7municipality under this Section, the Department shall increase
8or decrease the amount by an amount necessary to offset any
9misallocation of previous disbursements. The offset amount
10shall be the amount erroneously disbursed within the previous 6
11months from the time a misallocation is discovered.
12 Nothing in this Section shall be construed to authorize a
13municipality to impose a tax upon the privilege of engaging in
14any business which under the constitution of the United States
15may not be made the subject of taxation by this State.
16(Source: P.A. 100-23, eff. 7-6-17; revised 10-3-17.)
17 (65 ILCS 5/8-11-5) (from Ch. 24, par. 8-11-5)
18 Sec. 8-11-5. Home Rule Municipal Service Occupation Tax
19Act. The corporate authorities of a home rule municipality may
20impose a tax upon all persons engaged, in such municipality, in
21the business of making sales of service at the same rate of tax
22imposed pursuant to Section 8-11-1, of the selling price of all
23tangible personal property transferred by such servicemen
24either in the form of tangible personal property or in the form
25of real estate as an incident to a sale of service. If imposed,

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1such tax shall only be imposed in 1/4% increments. On and after
2September 1, 1991, this additional tax may not be imposed on
3the sales of food for human consumption which is to be consumed
4off the premises where it is sold (other than alcoholic
5beverages, soft drinks and food which has been prepared for
6immediate consumption) and prescription and nonprescription
7medicines, drugs, medical appliances and insulin, urine
8testing materials, syringes and needles used by diabetics. The
9tax imposed by a home rule municipality pursuant to this
10Section and all civil penalties that may be assessed as an
11incident thereof shall be collected and enforced by the State
12Department of Revenue. The certificate of registration which is
13issued by the Department to a retailer under the Retailers'
14Occupation Tax Act or under the Service Occupation Tax Act
15shall permit such registrant to engage in a business which is
16taxable under any ordinance or resolution enacted pursuant to
17this Section without registering separately with the
18Department under such ordinance or resolution or under this
19Section. The Department shall have full power to administer and
20enforce this Section; to collect all taxes and penalties due
21hereunder; to dispose of taxes and penalties so collected in
22the manner hereinafter provided, and to determine all rights to
23credit memoranda arising on account of the erroneous payment of
24tax or penalty hereunder. In the administration of, and
25compliance with, this Section the Department and persons who
26are subject to this Section shall have the same rights,

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1remedies, privileges, immunities, powers and duties, and be
2subject to the same conditions, restrictions, limitations,
3penalties and definitions of terms, and employ the same modes
4of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3
5through 3-50 (in respect to all provisions therein other than
6the State rate of tax), 4 (except that the reference to the
7State shall be to the taxing municipality), 5, 7, 8 (except
8that the jurisdiction to which the tax shall be a debt to the
9extent indicated in that Section 8 shall be the taxing
10municipality), 9 (except as to the disposition of taxes and
11penalties collected, and except that the returned merchandise
12credit for this municipal tax may not be taken against any
13State tax), 10, 11, 12 (except the reference therein to Section
142b of the Retailers' Occupation Tax Act), 13 (except that any
15reference to the State shall mean the taxing municipality), the
16first paragraph of Section 15, 16, 17 (except that credit
17memoranda issued hereunder may not be used to discharge any
18State tax liability), 18, 19 and 20 of the Service Occupation
19Tax Act and Section 3-7 of the Uniform Penalty and Interest
20Act, as fully as if those provisions were set forth herein.
21 No tax may be imposed by a home rule municipality pursuant
22to this Section unless such municipality also imposes a tax at
23the same rate pursuant to Section 8-11-1 of this Act.
24 Persons subject to any tax imposed pursuant to the
25authority granted in this Section may reimburse themselves for
26their serviceman's tax liability hereunder by separately

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1stating such tax as an additional charge, which charge may be
2stated in combination, in a single amount, with State tax which
3servicemen are authorized to collect under the Service Use Tax
4Act, pursuant to such bracket schedules as the Department may
5prescribe.
6 Whenever the Department determines that a refund should be
7made under this Section to a claimant instead of issuing credit
8memorandum, the Department shall notify the State Comptroller,
9who shall cause the order to be drawn for the amount specified,
10and to the person named, in such notification from the
11Department. Such refund shall be paid by the State Treasurer
12out of the home rule municipal retailers' occupation tax fund.
13 The Department shall forthwith pay over to the State
14Treasurer, ex-officio, as trustee, all taxes and penalties
15collected hereunder.
16 As soon as possible after the first day of each month,
17beginning January 1, 2011, upon certification of the Department
18of Revenue, the Comptroller shall order transferred, and the
19Treasurer shall transfer, to the STAR Bonds Revenue Fund the
20local sales tax increment, as defined in the Innovation
21Development and Economy Act, collected under this Section
22during the second preceding calendar month for sales within a
23STAR bond district.
24 After the monthly transfer to the STAR Bonds Revenue Fund,
25on or before the 25th day of each calendar month, the
26Department shall prepare and certify to the Comptroller the

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1disbursement of stated sums of money to named municipalities,
2the municipalities to be those from which suppliers and
3servicemen have paid taxes or penalties hereunder to the
4Department during the second preceding calendar month. The
5amount to be paid to each municipality shall be the amount (not
6including credit memoranda) collected hereunder during the
7second preceding calendar month by the Department, and not
8including an amount equal to the amount of refunds made during
9the second preceding calendar month by the Department on behalf
10of such municipality, and not including any amounts that are
11transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
12remainder, which the Department shall transfer into the Tax
13Compliance and Administration Fund. The Department, at the time
14of each monthly disbursement to the municipalities, shall
15prepare and certify to the State Comptroller the amount to be
16transferred into the Tax Compliance and Administration Fund
17under this Section. Within 10 days after receipt, by the
18Comptroller, of the disbursement certification to the
19municipalities and the Tax Compliance and Administration Fund
20provided for in this Section to be given to the Comptroller by
21the Department, the Comptroller shall cause the orders to be
22drawn for the respective amounts in accordance with the
23directions contained in such certification.
24 In addition to the disbursement required by the preceding
25paragraph and in order to mitigate delays caused by
26distribution procedures, an allocation shall, if requested, be

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1made within 10 days after January 14, 1991, and in November of
21991 and each year thereafter, to each municipality that
3received more than $500,000 during the preceding fiscal year,
4(July 1 through June 30) whether collected by the municipality
5or disbursed by the Department as required by this Section.
6Within 10 days after January 14, 1991, participating
7municipalities shall notify the Department in writing of their
8intent to participate. In addition, for the initial
9distribution, participating municipalities shall certify to
10the Department the amounts collected by the municipality for
11each month under its home rule occupation and service
12occupation tax during the period July 1, 1989 through June 30,
131990. The allocation within 10 days after January 14, 1991,
14shall be in an amount equal to the monthly average of these
15amounts, excluding the 2 months of highest receipts. Monthly
16average for the period of July 1, 1990 through June 30, 1991
17will be determined as follows: the amounts collected by the
18municipality under its home rule occupation and service
19occupation tax during the period of July 1, 1990 through
20September 30, 1990, plus amounts collected by the Department
21and paid to such municipality through June 30, 1991, excluding
22the 2 months of highest receipts. The monthly average for each
23subsequent period of July 1 through June 30 shall be an amount
24equal to the monthly distribution made to each such
25municipality under the preceding paragraph during this period,
26excluding the 2 months of highest receipts. The distribution

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1made in November 1991 and each year thereafter under this
2paragraph and the preceding paragraph shall be reduced by the
3amount allocated and disbursed under this paragraph in the
4preceding period of July 1 through June 30. The Department
5shall prepare and certify to the Comptroller for disbursement
6the allocations made in accordance with this paragraph.
7 Nothing in this Section shall be construed to authorize a
8municipality to impose a tax upon the privilege of engaging in
9any business which under the constitution of the United States
10may not be made the subject of taxation by this State.
11 An ordinance or resolution imposing or discontinuing a tax
12hereunder or effecting a change in the rate thereof shall be
13adopted and a certified copy thereof filed with the Department
14on or before the first day of June, whereupon the Department
15shall proceed to administer and enforce this Section as of the
16first day of September next following such adoption and filing.
17Beginning January 1, 1992, an ordinance or resolution imposing
18or discontinuing the tax hereunder or effecting a change in the
19rate thereof shall be adopted and a certified copy thereof
20filed with the Department on or before the first day of July,
21whereupon the Department shall proceed to administer and
22enforce this Section as of the first day of October next
23following such adoption and filing. Beginning January 1, 1993,
24an ordinance or resolution imposing or discontinuing the tax
25hereunder or effecting a change in the rate thereof shall be
26adopted and a certified copy thereof filed with the Department

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1on or before the first day of October, whereupon the Department
2shall proceed to administer and enforce this Section as of the
3first day of January next following such adoption and filing.
4However, a municipality located in a county with a population
5in excess of 3,000,000 that elected to become a home rule unit
6at the general primary election in 1994 may adopt an ordinance
7or resolution imposing the tax under this Section and file a
8certified copy of the ordinance or resolution with the
9Department on or before July 1, 1994. The Department shall then
10proceed to administer and enforce this Section as of October 1,
111994. Beginning April 1, 1998, an ordinance or resolution
12imposing or discontinuing the tax hereunder or effecting a
13change in the rate thereof shall either (i) be adopted and a
14certified copy thereof filed with the Department on or before
15the first day of April, whereupon the Department shall proceed
16to administer and enforce this Section as of the first day of
17July next following the adoption and filing; or (ii) be adopted
18and a certified copy thereof filed with the Department on or
19before the first day of October, whereupon the Department shall
20proceed to administer and enforce this Section as of the first
21day of January next following the adoption and filing.
22 Any unobligated balance remaining in the Municipal
23Retailers' Occupation Tax Fund on December 31, 1989, which fund
24was abolished by Public Act 85-1135, and all receipts of
25municipal tax as a result of audits of liability periods prior
26to January 1, 1990, shall be paid into the Local Government Tax

HB3342 Enrolled- 197 -LRB100 08528 SMS 18653 b
1Fund, for distribution as provided by this Section prior to the
2enactment of Public Act 85-1135. All receipts of municipal tax
3as a result of an assessment not arising from an audit, for
4liability periods prior to January 1, 1990, shall be paid into
5the Local Government Tax Fund for distribution before July 1,
61990, as provided by this Section prior to the enactment of
7Public Act 85-1135, and on and after July 1, 1990, all such
8receipts shall be distributed as provided in Section 6z-18 of
9the State Finance Act.
10 As used in this Section, "municipal" and "municipality"
11means a city, village or incorporated town, including an
12incorporated town which has superseded a civil township.
13 This Section shall be known and may be cited as the Home
14Rule Municipal Service Occupation Tax Act.
15(Source: P.A. 100-23, eff. 7-6-17.)
16 Section 20-20. The Metropolitan Pier and Exposition
17Authority Act is amended by changing Section 13 as follows:
18 (70 ILCS 210/13) (from Ch. 85, par. 1233)
19 Sec. 13. (a) The Authority shall not have power to levy
20taxes for any purpose, except as provided in subsections (b),
21(c), (d), (e), and (f).
22 (b) By ordinance the Authority shall, as soon as
23practicable after July 1, 1992 (the effective date of Public
24Act 87-733) this amendatory Act of 1991, impose a Metropolitan

HB3342 Enrolled- 198 -LRB100 08528 SMS 18653 b
1Pier and Exposition Authority Retailers' Occupation Tax upon
2all persons engaged in the business of selling tangible
3personal property at retail within the territory described in
4this subsection at the rate of 1.0% of the gross receipts (i)
5from the sale of food, alcoholic beverages, and soft drinks
6sold for consumption on the premises where sold and (ii) from
7the sale of food, alcoholic beverages, and soft drinks sold for
8consumption off the premises where sold by a retailer whose
9principal source of gross receipts is from the sale of food,
10alcoholic beverages, and soft drinks prepared for immediate
11consumption.
12 The tax imposed under this subsection and all civil
13penalties that may be assessed as an incident to that tax shall
14be collected and enforced by the Illinois Department of
15Revenue. The Department shall have full power to administer and
16enforce this subsection, to collect all taxes and penalties so
17collected in the manner provided in this subsection, and to
18determine all rights to credit memoranda arising on account of
19the erroneous payment of tax or penalty under this subsection.
20In the administration of and compliance with this subsection,
21the Department and persons who are subject to this subsection
22shall have the same rights, remedies, privileges, immunities,
23powers, and duties, shall be subject to the same conditions,
24restrictions, limitations, penalties, exclusions, exemptions,
25and definitions of terms, and shall employ the same modes of
26procedure applicable to this Retailers' Occupation Tax as are

HB3342 Enrolled- 199 -LRB100 08528 SMS 18653 b
1prescribed in Sections 1, 2 through 2-65 (in respect to all
2provisions of those Sections other than the State rate of
3taxes), 2c, 2h, 2i, 3 (except as to the disposition of taxes
4and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
55j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and, until January
61, 1994, 13.5 of the Retailers' Occupation Tax Act, and, on and
7after January 1, 1994, all applicable provisions of the Uniform
8Penalty and Interest Act that are not inconsistent with this
9Act, as fully as if provisions contained in those Sections of
10the Retailers' Occupation Tax Act were set forth in this
11subsection.
12 Persons subject to any tax imposed under the authority
13granted in this subsection may reimburse themselves for their
14seller's tax liability under this subsection by separately
15stating that tax as an additional charge, which charge may be
16stated in combination, in a single amount, with State taxes
17that sellers are required to collect under the Use Tax Act,
18pursuant to bracket schedules as the Department may prescribe.
19The retailer filing the return shall, at the time of filing the
20return, pay to the Department the amount of tax imposed under
21this subsection, less a discount of 1.75%, which is allowed to
22reimburse the retailer for the expenses incurred in keeping
23records, preparing and filing returns, remitting the tax, and
24supplying data to the Department on request.
25 Whenever the Department determines that a refund should be
26made under this subsection to a claimant instead of issuing a

HB3342 Enrolled- 200 -LRB100 08528 SMS 18653 b
1credit memorandum, the Department shall notify the State
2Comptroller, who shall cause a warrant to be drawn for the
3amount specified and to the person named in the notification
4from the Department. The refund shall be paid by the State
5Treasurer out of the Metropolitan Pier and Exposition Authority
6trust fund held by the State Treasurer as trustee for the
7Authority.
8 Nothing in this subsection authorizes the Authority to
9impose a tax upon the privilege of engaging in any business
10that under the Constitution of the United States may not be
11made the subject of taxation by this State.
12 The Department shall forthwith pay over to the State
13Treasurer, ex officio, as trustee for the Authority, all taxes
14and penalties collected under this subsection for deposit into
15a trust fund held outside of the State Treasury.
16 As soon as possible after the first day of each month,
17beginning January 1, 2011, upon certification of the Department
18of Revenue, the Comptroller shall order transferred, and the
19Treasurer shall transfer, to the STAR Bonds Revenue Fund the
20local sales tax increment, as defined in the Innovation
21Development and Economy Act, collected under this subsection
22during the second preceding calendar month for sales within a
23STAR bond district.
24 After the monthly transfer to the STAR Bonds Revenue Fund,
25on or before the 25th day of each calendar month, the
26Department shall prepare and certify to the Comptroller the

HB3342 Enrolled- 201 -LRB100 08528 SMS 18653 b
1amounts to be paid under subsection (g) of this Section, which
2shall be the amounts, not including credit memoranda, collected
3under this subsection during the second preceding calendar
4month by the Department, less any amounts determined by the
5Department to be necessary for the payment of refunds, less
61.5% 2% of such balance, which sum shall be deposited by the
7State Treasurer into the Tax Compliance and Administration Fund
8in the State Treasury from which it shall be appropriated to
9the Department to cover the costs of the Department in
10administering and enforcing the provisions of this subsection,
11and less any amounts that are transferred to the STAR Bonds
12Revenue Fund. Within 10 days after receipt by the Comptroller
13of the certification, the Comptroller shall cause the orders to
14be drawn for the remaining amounts, and the Treasurer shall
15administer those amounts as required in subsection (g).
16 A certificate of registration issued by the Illinois
17Department of Revenue to a retailer under the Retailers'
18Occupation Tax Act shall permit the registrant to engage in a
19business that is taxed under the tax imposed under this
20subsection, and no additional registration shall be required
21under the ordinance imposing the tax or under this subsection.
22 A certified copy of any ordinance imposing or discontinuing
23any tax under this subsection or effecting a change in the rate
24of that tax shall be filed with the Department, whereupon the
25Department shall proceed to administer and enforce this
26subsection on behalf of the Authority as of the first day of

HB3342 Enrolled- 202 -LRB100 08528 SMS 18653 b
1the third calendar month following the date of filing.
2 The tax authorized to be levied under this subsection may
3be levied within all or any part of the following described
4portions of the metropolitan area:
5 (1) that portion of the City of Chicago located within
6 the following area: Beginning at the point of intersection
7 of the Cook County - DuPage County line and York Road, then
8 North along York Road to its intersection with Touhy
9 Avenue, then east along Touhy Avenue to its intersection
10 with the Northwest Tollway, then southeast along the
11 Northwest Tollway to its intersection with Lee Street, then
12 south along Lee Street to Higgins Road, then south and east
13 along Higgins Road to its intersection with Mannheim Road,
14 then south along Mannheim Road to its intersection with
15 Irving Park Road, then west along Irving Park Road to its
16 intersection with the Cook County - DuPage County line,
17 then north and west along the county line to the point of
18 beginning; and
19 (2) that portion of the City of Chicago located within
20 the following area: Beginning at the intersection of West
21 55th Street with Central Avenue, then east along West 55th
22 Street to its intersection with South Cicero Avenue, then
23 south along South Cicero Avenue to its intersection with
24 West 63rd Street, then west along West 63rd Street to its
25 intersection with South Central Avenue, then north along
26 South Central Avenue to the point of beginning; and

HB3342 Enrolled- 203 -LRB100 08528 SMS 18653 b
1 (3) that portion of the City of Chicago located within
2 the following area: Beginning at the point 150 feet west of
3 the intersection of the west line of North Ashland Avenue
4 and the north line of West Diversey Avenue, then north 150
5 feet, then east along a line 150 feet north of the north
6 line of West Diversey Avenue extended to the shoreline of
7 Lake Michigan, then following the shoreline of Lake
8 Michigan (including Navy Pier and all other improvements
9 fixed to land, docks, or piers) to the point where the
10 shoreline of Lake Michigan and the Adlai E. Stevenson
11 Expressway extended east to that shoreline intersect, then
12 west along the Adlai E. Stevenson Expressway to a point 150
13 feet west of the west line of South Ashland Avenue, then
14 north along a line 150 feet west of the west line of South
15 and North Ashland Avenue to the point of beginning.
16 The tax authorized to be levied under this subsection may
17also be levied on food, alcoholic beverages, and soft drinks
18sold on boats and other watercraft departing from and returning
19to the shoreline of Lake Michigan (including Navy Pier and all
20other improvements fixed to land, docks, or piers) described in
21item (3).
22 (c) By ordinance the Authority shall, as soon as
23practicable after July 1, 1992 (the effective date of Public
24Act 87-733) this amendatory Act of 1991, impose an occupation
25tax upon all persons engaged in the corporate limits of the
26City of Chicago in the business of renting, leasing, or letting

HB3342 Enrolled- 204 -LRB100 08528 SMS 18653 b
1rooms in a hotel, as defined in the Hotel Operators' Occupation
2Tax Act, at a rate of 2.5% of the gross rental receipts from
3the renting, leasing, or letting of hotel rooms within the City
4of Chicago, excluding, however, from gross rental receipts the
5proceeds of renting, leasing, or letting to permanent residents
6of a hotel, as defined in that Act. Gross rental receipts shall
7not include charges that are added on account of the liability
8arising from any tax imposed by the State or any governmental
9agency on the occupation of renting, leasing, or letting rooms
10in a hotel.
11 The tax imposed by the Authority under this subsection and
12all civil penalties that may be assessed as an incident to that
13tax shall be collected and enforced by the Illinois Department
14of Revenue. The certificate of registration that is issued by
15the Department to a lessor under the Hotel Operators'
16Occupation Tax Act shall permit that registrant to engage in a
17business that is taxable under any ordinance enacted under this
18subsection without registering separately with the Department
19under that ordinance or under this subsection. The Department
20shall have full power to administer and enforce this
21subsection, to collect all taxes and penalties due under this
22subsection, to dispose of taxes and penalties so collected in
23the manner provided in this subsection, and to determine all
24rights to credit memoranda arising on account of the erroneous
25payment of tax or penalty under this subsection. In the
26administration of and compliance with this subsection, the

HB3342 Enrolled- 205 -LRB100 08528 SMS 18653 b
1Department and persons who are subject to this subsection shall
2have the same rights, remedies, privileges, immunities,
3powers, and duties, shall be subject to the same conditions,
4restrictions, limitations, penalties, and definitions of
5terms, and shall employ the same modes of procedure as are
6prescribed in the Hotel Operators' Occupation Tax Act (except
7where that Act is inconsistent with this subsection), as fully
8as if the provisions contained in the Hotel Operators'
9Occupation Tax Act were set out in this subsection.
10 Whenever the Department determines that a refund should be
11made under this subsection to a claimant instead of issuing a
12credit memorandum, the Department shall notify the State
13Comptroller, who shall cause a warrant to be drawn for the
14amount specified and to the person named in the notification
15from the Department. The refund shall be paid by the State
16Treasurer out of the Metropolitan Pier and Exposition Authority
17trust fund held by the State Treasurer as trustee for the
18Authority.
19 Persons subject to any tax imposed under the authority
20granted in this subsection may reimburse themselves for their
21tax liability for that tax by separately stating that tax as an
22additional charge, which charge may be stated in combination,
23in a single amount, with State taxes imposed under the Hotel
24Operators' Occupation Tax Act, the municipal tax imposed under
25Section 8-3-13 of the Illinois Municipal Code, and the tax
26imposed under Section 19 of the Illinois Sports Facilities

HB3342 Enrolled- 206 -LRB100 08528 SMS 18653 b
1Authority Act.
2 The person filing the return shall, at the time of filing
3the return, pay to the Department the amount of tax, less a
4discount of 2.1% or $25 per calendar year, whichever is
5greater, which is allowed to reimburse the operator for the
6expenses incurred in keeping records, preparing and filing
7returns, remitting the tax, and supplying data to the
8Department on request.
9 Except as otherwise provided in this paragraph, the
10Department shall forthwith pay over to the State Treasurer, ex
11officio, as trustee for the Authority, all taxes and penalties
12collected under this subsection for deposit into a trust fund
13held outside the State Treasury. On or before the 25th day of
14each calendar month, the Department shall certify to the
15Comptroller the amounts to be paid under subsection (g) of this
16Section, which shall be the amounts (not including credit
17memoranda) collected under this subsection during the second
18preceding calendar month by the Department, less any amounts
19determined by the Department to be necessary for payment of
20refunds, less 1.5% 2% of the remainder, which the Department
21shall transfer into the Tax Compliance and Administration Fund.
22The Department, at the time of each monthly disbursement to the
23Authority, shall prepare and certify to the State Comptroller
24the amount to be transferred into the Tax Compliance and
25Administration Fund under this subsection. Within 10 days after
26receipt by the Comptroller of the Department's certification,

HB3342 Enrolled- 207 -LRB100 08528 SMS 18653 b
1the Comptroller shall cause the orders to be drawn for such
2amounts, and the Treasurer shall administer the amounts
3distributed to the Authority as required in subsection (g).
4 A certified copy of any ordinance imposing or discontinuing
5a tax under this subsection or effecting a change in the rate
6of that tax shall be filed with the Illinois Department of
7Revenue, whereupon the Department shall proceed to administer
8and enforce this subsection on behalf of the Authority as of
9the first day of the third calendar month following the date of
10filing.
11 (d) By ordinance the Authority shall, as soon as
12practicable after July 1, 1992 (the effective date of Public
13Act 87-733) this amendatory Act of 1991, impose a tax upon all
14persons engaged in the business of renting automobiles in the
15metropolitan area at the rate of 6% of the gross receipts from
16that business, except that no tax shall be imposed on the
17business of renting automobiles for use as taxicabs or in
18livery service. The tax imposed under this subsection and all
19civil penalties that may be assessed as an incident to that tax
20shall be collected and enforced by the Illinois Department of
21Revenue. The certificate of registration issued by the
22Department to a retailer under the Retailers' Occupation Tax
23Act or under the Automobile Renting Occupation and Use Tax Act
24shall permit that person to engage in a business that is
25taxable under any ordinance enacted under this subsection
26without registering separately with the Department under that

HB3342 Enrolled- 208 -LRB100 08528 SMS 18653 b
1ordinance or under this subsection. The Department shall have
2full power to administer and enforce this subsection, to
3collect all taxes and penalties due under this subsection, to
4dispose of taxes and penalties so collected in the manner
5provided in this subsection, and to determine all rights to
6credit memoranda arising on account of the erroneous payment of
7tax or penalty under this subsection. In the administration of
8and compliance with this subsection, the Department and persons
9who are subject to this subsection shall have the same rights,
10remedies, privileges, immunities, powers, and duties, be
11subject to the same conditions, restrictions, limitations,
12penalties, and definitions of terms, and employ the same modes
13of procedure as are prescribed in Sections 2 and 3 (in respect
14to all provisions of those Sections other than the State rate
15of tax; and in respect to the provisions of the Retailers'
16Occupation Tax Act referred to in those Sections, except as to
17the disposition of taxes and penalties collected, except for
18the provision allowing retailers a deduction from the tax to
19cover certain costs, and except that credit memoranda issued
20under this subsection may not be used to discharge any State
21tax liability) of the Automobile Renting Occupation and Use Tax
22Act, as fully as if provisions contained in those Sections of
23that Act were set forth in this subsection.
24 Persons subject to any tax imposed under the authority
25granted in this subsection may reimburse themselves for their
26tax liability under this subsection by separately stating that

HB3342 Enrolled- 209 -LRB100 08528 SMS 18653 b
1tax as an additional charge, which charge may be stated in
2combination, in a single amount, with State tax that sellers
3are required to collect under the Automobile Renting Occupation
4and Use Tax Act, pursuant to bracket schedules as the
5Department may prescribe.
6 Whenever the Department determines that a refund should be
7made under this subsection to a claimant instead of issuing a
8credit memorandum, the Department shall notify the State
9Comptroller, who shall cause a warrant to be drawn for the
10amount specified and to the person named in the notification
11from the Department. The refund shall be paid by the State
12Treasurer out of the Metropolitan Pier and Exposition Authority
13trust fund held by the State Treasurer as trustee for the
14Authority.
15 Except as otherwise provided in this paragraph, the
16Department shall forthwith pay over to the State Treasurer, ex
17officio, as trustee, all taxes and penalties collected under
18this subsection for deposit into a trust fund held outside the
19State Treasury. On or before the 25th day of each calendar
20month, the Department shall certify to the Comptroller the
21amounts to be paid under subsection (g) of this Section (not
22including credit memoranda) collected under this subsection
23during the second preceding calendar month by the Department,
24less any amount determined by the Department to be necessary
25for payment of refunds, less 1.5% 2% of the remainder, which
26the Department shall transfer into the Tax Compliance and

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1Administration Fund. The Department, at the time of each
2monthly disbursement to the Authority, shall prepare and
3certify to the State Comptroller the amount to be transferred
4into the Tax Compliance and Administration Fund under this
5subsection. Within 10 days after receipt by the Comptroller of
6the Department's certification, the Comptroller shall cause
7the orders to be drawn for such amounts, and the Treasurer
8shall administer the amounts distributed to the Authority as
9required in subsection (g).
10 Nothing in this subsection authorizes the Authority to
11impose a tax upon the privilege of engaging in any business
12that under the Constitution of the United States may not be
13made the subject of taxation by this State.
14 A certified copy of any ordinance imposing or discontinuing
15a tax under this subsection or effecting a change in the rate
16of that tax shall be filed with the Illinois Department of
17Revenue, whereupon the Department shall proceed to administer
18and enforce this subsection on behalf of the Authority as of
19the first day of the third calendar month following the date of
20filing.
21 (e) By ordinance the Authority shall, as soon as
22practicable after July 1, 1992 (the effective date of Public
23Act 87-733) this amendatory Act of 1991, impose a tax upon the
24privilege of using in the metropolitan area an automobile that
25is rented from a rentor outside Illinois and is titled or
26registered with an agency of this State's government at a rate

HB3342 Enrolled- 211 -LRB100 08528 SMS 18653 b
1of 6% of the rental price of that automobile, except that no
2tax shall be imposed on the privilege of using automobiles
3rented for use as taxicabs or in livery service. The tax shall
4be collected from persons whose Illinois address for titling or
5registration purposes is given as being in the metropolitan
6area. The tax shall be collected by the Department of Revenue
7for the Authority. The tax must be paid to the State or an
8exemption determination must be obtained from the Department of
9Revenue before the title or certificate of registration for the
10property may be issued. The tax or proof of exemption may be
11transmitted to the Department by way of the State agency with
12which or State officer with whom the tangible personal property
13must be titled or registered if the Department and that agency
14or State officer determine that this procedure will expedite
15the processing of applications for title or registration.
16 The Department shall have full power to administer and
17enforce this subsection, to collect all taxes, penalties, and
18interest due under this subsection, to dispose of taxes,
19penalties, and interest so collected in the manner provided in
20this subsection, and to determine all rights to credit
21memoranda or refunds arising on account of the erroneous
22payment of tax, penalty, or interest under this subsection. In
23the administration of and compliance with this subsection, the
24Department and persons who are subject to this subsection shall
25have the same rights, remedies, privileges, immunities,
26powers, and duties, be subject to the same conditions,

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1restrictions, limitations, penalties, and definitions of
2terms, and employ the same modes of procedure as are prescribed
3in Sections 2 and 4 (except provisions pertaining to the State
4rate of tax; and in respect to the provisions of the Use Tax
5Act referred to in that Section, except provisions concerning
6collection or refunding of the tax by retailers, except the
7provisions of Section 19 pertaining to claims by retailers,
8except the last paragraph concerning refunds, and except that
9credit memoranda issued under this subsection may not be used
10to discharge any State tax liability) of the Automobile Renting
11Occupation and Use Tax Act, as fully as if provisions contained
12in those Sections of that Act were set forth in this
13subsection.
14 Whenever the Department determines that a refund should be
15made under this subsection to a claimant instead of issuing a
16credit memorandum, the Department shall notify the State
17Comptroller, who shall cause a warrant to be drawn for the
18amount specified and to the person named in the notification
19from the Department. The refund shall be paid by the State
20Treasurer out of the Metropolitan Pier and Exposition Authority
21trust fund held by the State Treasurer as trustee for the
22Authority.
23 Except as otherwise provided in this paragraph, the
24Department shall forthwith pay over to the State Treasurer, ex
25officio, as trustee, all taxes, penalties, and interest
26collected under this subsection for deposit into a trust fund

HB3342 Enrolled- 213 -LRB100 08528 SMS 18653 b
1held outside the State Treasury. On or before the 25th day of
2each calendar month, the Department shall certify to the State
3Comptroller the amounts to be paid under subsection (g) of this
4Section, which shall be the amounts (not including credit
5memoranda) collected under this subsection during the second
6preceding calendar month by the Department, less any amounts
7determined by the Department to be necessary for payment of
8refunds, less 1.5% 2% of the remainder, which the Department
9shall transfer into the Tax Compliance and Administration Fund.
10The Department, at the time of each monthly disbursement to the
11Authority, shall prepare and certify to the State Comptroller
12the amount to be transferred into the Tax Compliance and
13Administration Fund under this subsection. Within 10 days after
14receipt by the State Comptroller of the Department's
15certification, the Comptroller shall cause the orders to be
16drawn for such amounts, and the Treasurer shall administer the
17amounts distributed to the Authority as required in subsection
18(g).
19 A certified copy of any ordinance imposing or discontinuing
20a tax or effecting a change in the rate of that tax shall be
21filed with the Illinois Department of Revenue, whereupon the
22Department shall proceed to administer and enforce this
23subsection on behalf of the Authority as of the first day of
24the third calendar month following the date of filing.
25 (f) By ordinance the Authority shall, as soon as
26practicable after July 1, 1992 (the effective date of Public

HB3342 Enrolled- 214 -LRB100 08528 SMS 18653 b
1Act 87-733) this amendatory Act of 1991, impose an occupation
2tax on all persons, other than a governmental agency, engaged
3in the business of providing ground transportation for hire to
4passengers in the metropolitan area at a rate of (i) $4 per
5taxi or livery vehicle departure with passengers for hire from
6commercial service airports in the metropolitan area, (ii) for
7each departure with passengers for hire from a commercial
8service airport in the metropolitan area in a bus or van
9operated by a person other than a person described in item
10(iii): $18 per bus or van with a capacity of 1-12 passengers,
11$36 per bus or van with a capacity of 13-24 passengers, and $54
12per bus or van with a capacity of over 24 passengers, and (iii)
13for each departure with passengers for hire from a commercial
14service airport in the metropolitan area in a bus or van
15operated by a person regulated by the Interstate Commerce
16Commission or Illinois Commerce Commission, operating
17scheduled service from the airport, and charging fares on a per
18passenger basis: $2 per passenger for hire in each bus or van.
19The term "commercial service airports" means those airports
20receiving scheduled passenger service and enplaning more than
21100,000 passengers per year.
22 In the ordinance imposing the tax, the Authority may
23provide for the administration and enforcement of the tax and
24the collection of the tax from persons subject to the tax as
25the Authority determines to be necessary or practicable for the
26effective administration of the tax. The Authority may enter

HB3342 Enrolled- 215 -LRB100 08528 SMS 18653 b
1into agreements as it deems appropriate with any governmental
2agency providing for that agency to act as the Authority's
3agent to collect the tax.
4 In the ordinance imposing the tax, the Authority may
5designate a method or methods for persons subject to the tax to
6reimburse themselves for the tax liability arising under the
7ordinance (i) by separately stating the full amount of the tax
8liability as an additional charge to passengers departing the
9airports, (ii) by separately stating one-half of the tax
10liability as an additional charge to both passengers departing
11from and to passengers arriving at the airports, or (iii) by
12some other method determined by the Authority.
13 All taxes, penalties, and interest collected under any
14ordinance adopted under this subsection, less any amounts
15determined to be necessary for the payment of refunds and less
16the taxes, penalties, and interest attributable to any increase
17in the rate of tax authorized by Public Act 96-898, shall be
18paid forthwith to the State Treasurer, ex officio, for deposit
19into a trust fund held outside the State Treasury and shall be
20administered by the State Treasurer as provided in subsection
21(g) of this Section. All taxes, penalties, and interest
22attributable to any increase in the rate of tax authorized by
23Public Act 96-898 shall be paid by the State Treasurer as
24follows: 25% for deposit into the Convention Center Support
25Fund, to be used by the Village of Rosemont for the repair,
26maintenance, and improvement of the Donald E. Stephens

HB3342 Enrolled- 216 -LRB100 08528 SMS 18653 b
1Convention Center and for debt service on debt instruments
2issued for those purposes by the village and 75% to the
3Authority to be used for grants to an organization meeting the
4qualifications set out in Section 5.6 of this Act, provided the
5Metropolitan Pier and Exposition Authority has entered into a
6marketing agreement with such an organization.
7 (g) Amounts deposited from the proceeds of taxes imposed by
8the Authority under subsections (b), (c), (d), (e), and (f) of
9this Section and amounts deposited under Section 19 of the
10Illinois Sports Facilities Authority Act shall be held in a
11trust fund outside the State Treasury and, other than the
12amounts transferred into the Tax Compliance and Administration
13Fund under subsections (b), (c), (d), and (e), shall be
14administered by the Treasurer as follows:
15 (1) An amount necessary for the payment of refunds with
16 respect to those taxes shall be retained in the trust fund
17 and used for those payments.
18 (2) On July 20 and on the 20th of each month
19 thereafter, provided that the amount requested in the
20 annual certificate of the Chairman of the Authority filed
21 under Section 8.25f of the State Finance Act has been
22 appropriated for payment to the Authority, 1/8 of the local
23 tax transfer amount, together with any cumulative
24 deficiencies in the amounts transferred into the McCormick
25 Place Expansion Project Fund under this subparagraph (2)
26 during the fiscal year for which the certificate has been

HB3342 Enrolled- 217 -LRB100 08528 SMS 18653 b
1 filed, shall be transferred from the trust fund into the
2 McCormick Place Expansion Project Fund in the State
3 treasury until 100% of the local tax transfer amount has
4 been so transferred. "Local tax transfer amount" shall mean
5 the amount requested in the annual certificate, minus the
6 reduction amount. "Reduction amount" shall mean $41.7
7 million in fiscal year 2011, $36.7 million in fiscal year
8 2012, $36.7 million in fiscal year 2013, $36.7 million in
9 fiscal year 2014, and $31.7 million in each fiscal year
10 thereafter until 2032, provided that the reduction amount
11 shall be reduced by (i) the amount certified by the
12 Authority to the State Comptroller and State Treasurer
13 under Section 8.25 of the State Finance Act, as amended,
14 with respect to that fiscal year and (ii) in any fiscal
15 year in which the amounts deposited in the trust fund under
16 this Section exceed $318.3 million, exclusive of amounts
17 set aside for refunds and for the reserve account, one
18 dollar for each dollar of the deposits in the trust fund
19 above $318.3 million with respect to that year, exclusive
20 of amounts set aside for refunds and for the reserve
21 account.
22 (3) On July 20, 2010, the Comptroller shall certify to
23 the Governor, the Treasurer, and the Chairman of the
24 Authority the 2010 deficiency amount, which means the
25 cumulative amount of transfers that were due from the trust
26 fund to the McCormick Place Expansion Project Fund in

HB3342 Enrolled- 218 -LRB100 08528 SMS 18653 b
1 fiscal years 2008, 2009, and 2010 under Section 13(g) of
2 this Act, as it existed prior to May 27, 2010 (the
3 effective date of Public Act 96-898), but not made. On July
4 20, 2011 and on July 20 of each year through July 20, 2014,
5 the Treasurer shall calculate for the previous fiscal year
6 the surplus revenues in the trust fund and pay that amount
7 to the Authority. On July 20, 2015 and on July 20 of each
8 year thereafter to and including July 20, 2017, as long as
9 bonds and notes issued under Section 13.2 or bonds and
10 notes issued to refund those bonds and notes are
11 outstanding, the Treasurer shall calculate for the
12 previous fiscal year the surplus revenues in the trust fund
13 and pay one-half of that amount to the State Treasurer for
14 deposit into the General Revenue Fund until the 2010
15 deficiency amount has been paid and shall pay the balance
16 of the surplus revenues to the Authority. On July 20, 2018
17 and on July 20 of each year thereafter, the Treasurer shall
18 calculate for the previous fiscal year the surplus revenues
19 in the trust fund and pay all of such surplus revenues to
20 the State Treasurer for deposit into the General Revenue
21 Fund until the 2010 deficiency amount has been paid. After
22 the 2010 deficiency amount has been paid, the Treasurer
23 shall pay the balance of the surplus revenues to the
24 Authority. "Surplus revenues" means the amounts remaining
25 in the trust fund on June 30 of the previous fiscal year
26 (A) after the State Treasurer has set aside in the trust

HB3342 Enrolled- 219 -LRB100 08528 SMS 18653 b
1 fund (i) amounts retained for refunds under subparagraph
2 (1) and (ii) any amounts necessary to meet the reserve
3 account amount and (B) after the State Treasurer has
4 transferred from the trust fund to the General Revenue Fund
5 100% of any post-2010 deficiency amount. "Reserve account
6 amount" means $15 million in fiscal year 2011 and $30
7 million in each fiscal year thereafter. The reserve account
8 amount shall be set aside in the trust fund and used as a
9 reserve to be transferred to the McCormick Place Expansion
10 Project Fund in the event the proceeds of taxes imposed
11 under this Section 13 are not sufficient to fund the
12 transfer required in subparagraph (2). "Post-2010
13 deficiency amount" means any deficiency in transfers from
14 the trust fund to the McCormick Place Expansion Project
15 Fund with respect to fiscal years 2011 and thereafter. It
16 is the intention of this subparagraph (3) that no surplus
17 revenues shall be paid to the Authority with respect to any
18 year in which a post-2010 deficiency amount has not been
19 satisfied by the Authority.
20 Moneys received by the Authority as surplus revenues may be
21used (i) for the purposes of paying debt service on the bonds
22and notes issued by the Authority, including early redemption
23of those bonds or notes, (ii) for the purposes of repair,
24replacement, and improvement of the grounds, buildings, and
25facilities of the Authority, and (iii) for the corporate
26purposes of the Authority in fiscal years 2011 through 2015 in

HB3342 Enrolled- 220 -LRB100 08528 SMS 18653 b
1an amount not to exceed $20,000,000 annually or $80,000,000
2total, which amount shall be reduced $0.75 for each dollar of
3the receipts of the Authority in that year from any contract
4entered into with respect to naming rights at McCormick Place
5under Section 5(m) of this Act. When bonds and notes issued
6under Section 13.2, or bonds or notes issued to refund those
7bonds and notes, are no longer outstanding, the balance in the
8trust fund shall be paid to the Authority.
9 (h) The ordinances imposing the taxes authorized by this
10Section shall be repealed when bonds and notes issued under
11Section 13.2 or bonds and notes issued to refund those bonds
12and notes are no longer outstanding.
13(Source: P.A. 100-23, Article 5, Section 5-35, eff. 7-6-17;
14100-23, Article 35, Section 35-25, eff. 7-6-17; revised
158-15-17.)
16 Section 20-25. The Metro-East Park and Recreation District
17Act is amended by changing Section 30 as follows:
18 (70 ILCS 1605/30)
19 Sec. 30. Taxes.
20 (a) The board shall impose a tax upon all persons engaged
21in the business of selling tangible personal property, other
22than personal property titled or registered with an agency of
23this State's government, at retail in the District on the gross
24receipts from the sales made in the course of business. This

HB3342 Enrolled- 221 -LRB100 08528 SMS 18653 b
1tax shall be imposed only at the rate of one-tenth of one per
2cent.
3 This additional tax may not be imposed on the sales of food
4for human consumption that is to be consumed off the premises
5where it is sold (other than alcoholic beverages, soft drinks,
6and food which has been prepared for immediate consumption) and
7prescription and non-prescription medicines, drugs, medical
8appliances, and insulin, urine testing materials, syringes,
9and needles used by diabetics. The tax imposed by the Board
10under this Section and all civil penalties that may be assessed
11as an incident of the tax shall be collected and enforced by
12the Department of Revenue. The certificate of registration that
13is issued by the Department to a retailer under the Retailers'
14Occupation Tax Act shall permit the retailer to engage in a
15business that is taxable without registering separately with
16the Department under an ordinance or resolution under this
17Section. The Department has full power to administer and
18enforce this Section, to collect all taxes and penalties due
19under this Section, to dispose of taxes and penalties so
20collected in the manner provided in this Section, and to
21determine all rights to credit memoranda arising on account of
22the erroneous payment of a tax or penalty under this Section.
23In the administration of and compliance with this Section, the
24Department and persons who are subject to this Section shall
25(i) have the same rights, remedies, privileges, immunities,
26powers, and duties, (ii) be subject to the same conditions,

HB3342 Enrolled- 222 -LRB100 08528 SMS 18653 b
1restrictions, limitations, penalties, and definitions of
2terms, and (iii) employ the same modes of procedure as are
3prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
41n, 2, 2-5, 2-5.5, 2-10 (in respect to all provisions contained
5in those Sections other than the State rate of tax), 2-12, 2-15
6through 2-70, 2a, 2b, 2c, 3 (except provisions relating to
7transaction returns and quarter monthly payments), 4, 5, 5a,
85b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
97, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation
10Tax Act and the Uniform Penalty and Interest Act as if those
11provisions were set forth in this Section.
12 Persons subject to any tax imposed under the authority
13granted in this Section may reimburse themselves for their
14sellers' tax liability by separately stating the tax as an
15additional charge, which charge may be stated in combination,
16in a single amount, with State tax which sellers are required
17to collect under the Use Tax Act, pursuant to such bracketed
18schedules as the Department may prescribe.
19 Whenever the Department determines that a refund should be
20made under this Section to a claimant instead of issuing a
21credit memorandum, the Department shall notify the State
22Comptroller, who shall cause the order to be drawn for the
23amount specified and to the person named in the notification
24from the Department. The refund shall be paid by the State
25Treasurer out of the State Metro-East Park and Recreation
26District Fund.

HB3342 Enrolled- 223 -LRB100 08528 SMS 18653 b
1 (b) If a tax has been imposed under subsection (a), a
2service occupation tax shall also be imposed at the same rate
3upon all persons engaged, in the District, in the business of
4making sales of service, who, as an incident to making those
5sales of service, transfer tangible personal property within
6the District as an incident to a sale of service. This tax may
7not be imposed on sales of food for human consumption that is
8to be consumed off the premises where it is sold (other than
9alcoholic beverages, soft drinks, and food prepared for
10immediate consumption) and prescription and non-prescription
11medicines, drugs, medical appliances, and insulin, urine
12testing materials, syringes, and needles used by diabetics. The
13tax imposed under this subsection and all civil penalties that
14may be assessed as an incident thereof shall be collected and
15enforced by the Department of Revenue. The Department has full
16power to administer and enforce this subsection; to collect all
17taxes and penalties due hereunder; to dispose of taxes and
18penalties so collected in the manner hereinafter provided; and
19to determine all rights to credit memoranda arising on account
20of the erroneous payment of tax or penalty hereunder. In the
21administration of, and compliance with this subsection, the
22Department and persons who are subject to this paragraph shall
23(i) have the same rights, remedies, privileges, immunities,
24powers, and duties, (ii) be subject to the same conditions,
25restrictions, limitations, penalties, exclusions, exemptions,
26and definitions of terms, and (iii) employ the same modes of

HB3342 Enrolled- 224 -LRB100 08528 SMS 18653 b
1procedure as are prescribed in Sections 2 (except that the
2reference to State in the definition of supplier maintaining a
3place of business in this State shall mean the District), 2a,
42b, 2c, 3 through 3-50 (in respect to all provisions therein
5other than the State rate of tax), 4 (except that the reference
6to the State shall be to the District), 5, 7, 8 (except that
7the jurisdiction to which the tax shall be a debt to the extent
8indicated in that Section 8 shall be the District), 9 (except
9as to the disposition of taxes and penalties collected), 10,
1011, 12 (except the reference therein to Section 2b of the
11Retailers' Occupation Tax Act), 13 (except that any reference
12to the State shall mean the District), Sections 15, 16, 17, 18,
1319 and 20 of the Service Occupation Tax Act and the Uniform
14Penalty and Interest Act, as fully as if those provisions were
15set forth herein.
16 Persons subject to any tax imposed under the authority
17granted in this subsection may reimburse themselves for their
18serviceman's tax liability by separately stating the tax as an
19additional charge, which charge may be stated in combination,
20in a single amount, with State tax that servicemen are
21authorized to collect under the Service Use Tax Act, in
22accordance with such bracket schedules as the Department may
23prescribe.
24 Whenever the Department determines that a refund should be
25made under this subsection to a claimant instead of issuing a
26credit memorandum, the Department shall notify the State

HB3342 Enrolled- 225 -LRB100 08528 SMS 18653 b
1Comptroller, who shall cause the warrant to be drawn for the
2amount specified, and to the person named, in the notification
3from the Department. The refund shall be paid by the State
4Treasurer out of the State Metro-East Park and Recreation
5District Fund.
6 Nothing in this subsection shall be construed to authorize
7the board to impose a tax upon the privilege of engaging in any
8business which under the Constitution of the United States may
9not be made the subject of taxation by the State.
10 (c) The Department shall immediately pay over to the State
11Treasurer, ex officio, as trustee, all taxes and penalties
12collected under this Section to be deposited into the State
13Metro-East Park and Recreation District Fund, which shall be an
14unappropriated trust fund held outside of the State treasury.
15 As soon as possible after the first day of each month,
16beginning January 1, 2011, upon certification of the Department
17of Revenue, the Comptroller shall order transferred, and the
18Treasurer shall transfer, to the STAR Bonds Revenue Fund the
19local sales tax increment, as defined in the Innovation
20Development and Economy Act, collected under this Section
21during the second preceding calendar month for sales within a
22STAR bond district. The Department shall make this
23certification only if the Metro East Park and Recreation
24District imposes a tax on real property as provided in the
25definition of "local sales taxes" under the Innovation
26Development and Economy Act.

HB3342 Enrolled- 226 -LRB100 08528 SMS 18653 b
1 After the monthly transfer to the STAR Bonds Revenue Fund,
2on or before the 25th day of each calendar month, the
3Department shall prepare and certify to the Comptroller the
4disbursement of stated sums of money pursuant to Section 35 of
5this Act to the District from which retailers have paid taxes
6or penalties to the Department during the second preceding
7calendar month. The amount to be paid to the District shall be
8the amount (not including credit memoranda) collected under
9this Section during the second preceding calendar month by the
10Department plus an amount the Department determines is
11necessary to offset any amounts that were erroneously paid to a
12different taxing body, and not including (i) an amount equal to
13the amount of refunds made during the second preceding calendar
14month by the Department on behalf of the District, (ii) any
15amount that the Department determines is necessary to offset
16any amounts that were payable to a different taxing body but
17were erroneously paid to the District, (iii) any amounts that
18are transferred to the STAR Bonds Revenue Fund, and (iv) 1.5%
192% of the remainder, which the Department shall transfer into
20the Tax Compliance and Administration Fund. The Department, at
21the time of each monthly disbursement to the District, shall
22prepare and certify to the State Comptroller the amount to be
23transferred into the Tax Compliance and Administration Fund
24under this subsection. Within 10 days after receipt by the
25Comptroller of the disbursement certification to the District
26and the Tax Compliance and Administration Fund provided for in

HB3342 Enrolled- 227 -LRB100 08528 SMS 18653 b
1this Section to be given to the Comptroller by the Department,
2the Comptroller shall cause the orders to be drawn for the
3respective amounts in accordance with directions contained in
4the certification.
5 (d) For the purpose of determining whether a tax authorized
6under this Section is applicable, a retail sale by a producer
7of coal or another mineral mined in Illinois is a sale at
8retail at the place where the coal or other mineral mined in
9Illinois is extracted from the earth. This paragraph does not
10apply to coal or another mineral when it is delivered or
11shipped by the seller to the purchaser at a point outside
12Illinois so that the sale is exempt under the United States
13Constitution as a sale in interstate or foreign commerce.
14 (e) Nothing in this Section shall be construed to authorize
15the board to impose a tax upon the privilege of engaging in any
16business that under the Constitution of the United States may
17not be made the subject of taxation by this State.
18 (f) An ordinance imposing a tax under this Section or an
19ordinance extending the imposition of a tax to an additional
20county or counties shall be certified by the board and filed
21with the Department of Revenue either (i) on or before the
22first day of April, whereupon the Department shall proceed to
23administer and enforce the tax as of the first day of July next
24following the filing; or (ii) on or before the first day of
25October, whereupon the Department shall proceed to administer
26and enforce the tax as of the first day of January next

HB3342 Enrolled- 228 -LRB100 08528 SMS 18653 b
1following the filing.
2 (g) When certifying the amount of a monthly disbursement to
3the District under this Section, the Department shall increase
4or decrease the amounts by an amount necessary to offset any
5misallocation of previous disbursements. The offset amount
6shall be the amount erroneously disbursed within the previous 6
7months from the time a misallocation is discovered.
8(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17.)
9 Section 20-30. The Local Mass Transit District Act is
10amended by changing Section 5.01 as follows:
11 (70 ILCS 3610/5.01) (from Ch. 111 2/3, par. 355.01)
12 Sec. 5.01. Metro East Mass Transit District; use and
13occupation taxes.
14 (a) The Board of Trustees of any Metro East Mass Transit
15District may, by ordinance adopted with the concurrence of
16two-thirds of the then trustees, impose throughout the District
17any or all of the taxes and fees provided in this Section. All
18taxes and fees imposed under this Section shall be used only
19for public mass transportation systems, and the amount used to
20provide mass transit service to unserved areas of the District
21shall be in the same proportion to the total proceeds as the
22number of persons residing in the unserved areas is to the
23total population of the District. Except as otherwise provided
24in this Act, taxes imposed under this Section and civil

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1penalties imposed incident thereto shall be collected and
2enforced by the State Department of Revenue. The Department
3shall have the power to administer and enforce the taxes and to
4determine all rights for refunds for erroneous payments of the
5taxes.
6 (b) The Board may impose a Metro East Mass Transit District
7Retailers' Occupation Tax upon all persons engaged in the
8business of selling tangible personal property at retail in the
9district at a rate of 1/4 of 1%, or as authorized under
10subsection (d-5) of this Section, of the gross receipts from
11the sales made in the course of such business within the
12district. The tax imposed under this Section and all civil
13penalties that may be assessed as an incident thereof shall be
14collected and enforced by the State Department of Revenue. The
15Department shall have full power to administer and enforce this
16Section; to collect all taxes and penalties so collected in the
17manner hereinafter provided; and to determine all rights to
18credit memoranda arising on account of the erroneous payment of
19tax or penalty hereunder. In the administration of, and
20compliance with, this Section, the Department and persons who
21are subject to this Section shall have the same rights,
22remedies, privileges, immunities, powers and duties, and be
23subject to the same conditions, restrictions, limitations,
24penalties, exclusions, exemptions and definitions of terms and
25employ the same modes of procedure, as are prescribed in
26Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65

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1(in respect to all provisions therein other than the State rate
2of tax), 2c, 3 (except as to the disposition of taxes and
3penalties collected), 4, 5, 5a, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j,
45k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, 13, and 14 of
5the Retailers' Occupation Tax Act and Section 3-7 of the
6Uniform Penalty and Interest Act, as fully as if those
7provisions were set forth herein.
8 Persons subject to any tax imposed under the Section may
9reimburse themselves for their seller's tax liability
10hereunder by separately stating the tax as an additional
11charge, which charge may be stated in combination, in a single
12amount, with State taxes that sellers are required to collect
13under the Use Tax Act, in accordance with such bracket
14schedules as the Department may prescribe.
15 Whenever the Department determines that a refund should be
16made under this Section to a claimant instead of issuing a
17credit memorandum, the Department shall notify the State
18Comptroller, who shall cause the warrant to be drawn for the
19amount specified, and to the person named, in the notification
20from the Department. The refund shall be paid by the State
21Treasurer out of the Metro East Mass Transit District tax fund
22established under paragraph (h) of this Section.
23 If a tax is imposed under this subsection (b), a tax shall
24also be imposed under subsections (c) and (d) of this Section.
25 For the purpose of determining whether a tax authorized
26under this Section is applicable, a retail sale, by a producer

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1of coal or other mineral mined in Illinois, is a sale at retail
2at the place where the coal or other mineral mined in Illinois
3is extracted from the earth. This paragraph does not apply to
4coal or other mineral when it is delivered or shipped by the
5seller to the purchaser at a point outside Illinois so that the
6sale is exempt under the Federal Constitution as a sale in
7interstate or foreign commerce.
8 No tax shall be imposed or collected under this subsection
9on the sale of a motor vehicle in this State to a resident of
10another state if that motor vehicle will not be titled in this
11State.
12 Nothing in this Section shall be construed to authorize the
13Metro East Mass Transit District to impose a tax upon the
14privilege of engaging in any business which under the
15Constitution of the United States may not be made the subject
16of taxation by this State.
17 (c) If a tax has been imposed under subsection (b), a Metro
18East Mass Transit District Service Occupation Tax shall also be
19imposed upon all persons engaged, in the district, in the
20business of making sales of service, who, as an incident to
21making those sales of service, transfer tangible personal
22property within the District, either in the form of tangible
23personal property or in the form of real estate as an incident
24to a sale of service. The tax rate shall be 1/4%, or as
25authorized under subsection (d-5) of this Section, of the
26selling price of tangible personal property so transferred

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1within the district. The tax imposed under this paragraph and
2all civil penalties that may be assessed as an incident thereof
3shall be collected and enforced by the State Department of
4Revenue. The Department shall have full power to administer and
5enforce this paragraph; to collect all taxes and penalties due
6hereunder; to dispose of taxes and penalties so collected in
7the manner hereinafter provided; and to determine all rights to
8credit memoranda arising on account of the erroneous payment of
9tax or penalty hereunder. In the administration of, and
10compliance with this paragraph, the Department and persons who
11are subject to this paragraph shall have the same rights,
12remedies, privileges, immunities, powers and duties, and be
13subject to the same conditions, restrictions, limitations,
14penalties, exclusions, exemptions and definitions of terms and
15employ the same modes of procedure as are prescribed in
16Sections 1a-1, 2 (except that the reference to State in the
17definition of supplier maintaining a place of business in this
18State shall mean the Authority), 2a, 3 through 3-50 (in respect
19to all provisions therein other than the State rate of tax), 4
20(except that the reference to the State shall be to the
21Authority), 5, 7, 8 (except that the jurisdiction to which the
22tax shall be a debt to the extent indicated in that Section 8
23shall be the District), 9 (except as to the disposition of
24taxes and penalties collected, and except that the returned
25merchandise credit for this tax may not be taken against any
26State tax), 10, 11, 12 (except the reference therein to Section

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12b of the Retailers' Occupation Tax Act), 13 (except that any
2reference to the State shall mean the District), the first
3paragraph of Section 15, 16, 17, 18, 19 and 20 of the Service
4Occupation Tax Act and Section 3-7 of the Uniform Penalty and
5Interest Act, as fully as if those provisions were set forth
6herein.
7 Persons subject to any tax imposed under the authority
8granted in this paragraph may reimburse themselves for their
9serviceman's tax liability hereunder by separately stating the
10tax as an additional charge, which charge may be stated in
11combination, in a single amount, with State tax that servicemen
12are authorized to collect under the Service Use Tax Act, in
13accordance with such bracket schedules as the Department may
14prescribe.
15 Whenever the Department determines that a refund should be
16made under this paragraph to a claimant instead of issuing a
17credit memorandum, the Department shall notify the State
18Comptroller, who shall cause the warrant to be drawn for the
19amount specified, and to the person named, in the notification
20from the Department. The refund shall be paid by the State
21Treasurer out of the Metro East Mass Transit District tax fund
22established under paragraph (h) of this Section.
23 Nothing in this paragraph shall be construed to authorize
24the District to impose a tax upon the privilege of engaging in
25any business which under the Constitution of the United States
26may not be made the subject of taxation by the State.

HB3342 Enrolled- 234 -LRB100 08528 SMS 18653 b
1 (d) If a tax has been imposed under subsection (b), a Metro
2East Mass Transit District Use Tax shall also be imposed upon
3the privilege of using, in the district, any item of tangible
4personal property that is purchased outside the district at
5retail from a retailer, and that is titled or registered with
6an agency of this State's government, at a rate of 1/4%, or as
7authorized under subsection (d-5) of this Section, of the
8selling price of the tangible personal property within the
9District, as "selling price" is defined in the Use Tax Act. The
10tax shall be collected from persons whose Illinois address for
11titling or registration purposes is given as being in the
12District. The tax shall be collected by the Department of
13Revenue for the Metro East Mass Transit District. The tax must
14be paid to the State, or an exemption determination must be
15obtained from the Department of Revenue, before the title or
16certificate of registration for the property may be issued. The
17tax or proof of exemption may be transmitted to the Department
18by way of the State agency with which, or the State officer
19with whom, the tangible personal property must be titled or
20registered if the Department and the State agency or State
21officer determine that this procedure will expedite the
22processing of applications for title or registration.
23 The Department shall have full power to administer and
24enforce this paragraph; to collect all taxes, penalties and
25interest due hereunder; to dispose of taxes, penalties and
26interest so collected in the manner hereinafter provided; and

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1to determine all rights to credit memoranda or refunds arising
2on account of the erroneous payment of tax, penalty or interest
3hereunder. In the administration of, and compliance with, this
4paragraph, the Department and persons who are subject to this
5paragraph shall have the same rights, remedies, privileges,
6immunities, powers and duties, and be subject to the same
7conditions, restrictions, limitations, penalties, exclusions,
8exemptions and definitions of terms and employ the same modes
9of procedure, as are prescribed in Sections 2 (except the
10definition of "retailer maintaining a place of business in this
11State"), 3 through 3-80 (except provisions pertaining to the
12State rate of tax, and except provisions concerning collection
13or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
1419 (except the portions pertaining to claims by retailers and
15except the last paragraph concerning refunds), 20, 21 and 22 of
16the Use Tax Act and Section 3-7 of the Uniform Penalty and
17Interest Act, that are not inconsistent with this paragraph, as
18fully as if those provisions were set forth herein.
19 Whenever the Department determines that a refund should be
20made under this paragraph to a claimant instead of issuing a
21credit memorandum, the Department shall notify the State
22Comptroller, who shall cause the order to be drawn for the
23amount specified, and to the person named, in the notification
24from the Department. The refund shall be paid by the State
25Treasurer out of the Metro East Mass Transit District tax fund
26established under paragraph (h) of this Section.

HB3342 Enrolled- 236 -LRB100 08528 SMS 18653 b
1 (d-5) (A) The county board of any county participating in
2the Metro East Mass Transit District may authorize, by
3ordinance, a referendum on the question of whether the tax
4rates for the Metro East Mass Transit District Retailers'
5Occupation Tax, the Metro East Mass Transit District Service
6Occupation Tax, and the Metro East Mass Transit District Use
7Tax for the District should be increased from 0.25% to 0.75%.
8Upon adopting the ordinance, the county board shall certify the
9proposition to the proper election officials who shall submit
10the proposition to the voters of the District at the next
11election, in accordance with the general election law.
12 The proposition shall be in substantially the following
13form:
14 Shall the tax rates for the Metro East Mass Transit
15 District Retailers' Occupation Tax, the Metro East Mass
16 Transit District Service Occupation Tax, and the Metro East
17 Mass Transit District Use Tax be increased from 0.25% to
18 0.75%?
19 (B) Two thousand five hundred electors of any Metro East
20Mass Transit District may petition the Chief Judge of the
21Circuit Court, or any judge of that Circuit designated by the
22Chief Judge, in which that District is located to cause to be
23submitted to a vote of the electors the question whether the
24tax rates for the Metro East Mass Transit District Retailers'
25Occupation Tax, the Metro East Mass Transit District Service
26Occupation Tax, and the Metro East Mass Transit District Use

HB3342 Enrolled- 237 -LRB100 08528 SMS 18653 b
1Tax for the District should be increased from 0.25% to 0.75%.
2 Upon submission of such petition the court shall set a date
3not less than 10 nor more than 30 days thereafter for a hearing
4on the sufficiency thereof. Notice of the filing of such
5petition and of such date shall be given in writing to the
6District and the County Clerk at least 7 days before the date
7of such hearing.
8 If such petition is found sufficient, the court shall enter
9an order to submit that proposition at the next election, in
10accordance with general election law.
11 The form of the petition shall be in substantially the
12following form: To the Circuit Court of the County of (name of
13county):
14 We, the undersigned electors of the (name of transit
15 district), respectfully petition your honor to submit to a
16 vote of the electors of (name of transit district) the
17 following proposition:
18 Shall the tax rates for the Metro East Mass Transit
19 District Retailers' Occupation Tax, the Metro East Mass
20 Transit District Service Occupation Tax, and the Metro East
21 Mass Transit District Use Tax be increased from 0.25% to
22 0.75%?
23 Name Address, with Street and Number.
24..............................................................
25..............................................................
26 (C) The votes shall be recorded as "YES" or "NO". If a

HB3342 Enrolled- 238 -LRB100 08528 SMS 18653 b
1majority of all votes cast on the proposition are for the
2increase in the tax rates, the Metro East Mass Transit District
3shall begin imposing the increased rates in the District, and
4the Department of Revenue shall begin collecting the increased
5amounts, as provided under this Section. An ordinance imposing
6or discontinuing a tax hereunder or effecting a change in the
7rate thereof shall be adopted and a certified copy thereof
8filed with the Department on or before the first day of
9October, whereupon the Department shall proceed to administer
10and enforce this Section as of the first day of January next
11following the adoption and filing, or on or before the first
12day of April, whereupon the Department shall proceed to
13administer and enforce this Section as of the first day of July
14next following the adoption and filing.
15 (D) If the voters have approved a referendum under this
16subsection, before November 1, 1994, to increase the tax rate
17under this subsection, the Metro East Mass Transit District
18Board of Trustees may adopt by a majority vote an ordinance at
19any time before January 1, 1995 that excludes from the rate
20increase tangible personal property that is titled or
21registered with an agency of this State's government. The
22ordinance excluding titled or registered tangible personal
23property from the rate increase must be filed with the
24Department at least 15 days before its effective date. At any
25time after adopting an ordinance excluding from the rate
26increase tangible personal property that is titled or

HB3342 Enrolled- 239 -LRB100 08528 SMS 18653 b
1registered with an agency of this State's government, the Metro
2East Mass Transit District Board of Trustees may adopt an
3ordinance applying the rate increase to that tangible personal
4property. The ordinance shall be adopted, and a certified copy
5of that ordinance shall be filed with the Department, on or
6before October 1, whereupon the Department shall proceed to
7administer and enforce the rate increase against tangible
8personal property titled or registered with an agency of this
9State's government as of the following January 1. After
10December 31, 1995, any reimposed rate increase in effect under
11this subsection shall no longer apply to tangible personal
12property titled or registered with an agency of this State's
13government. Beginning January 1, 1996, the Board of Trustees of
14any Metro East Mass Transit District may never reimpose a
15previously excluded tax rate increase on tangible personal
16property titled or registered with an agency of this State's
17government. After July 1, 2004, if the voters have approved a
18referendum under this subsection to increase the tax rate under
19this subsection, the Metro East Mass Transit District Board of
20Trustees may adopt by a majority vote an ordinance that
21excludes from the rate increase tangible personal property that
22is titled or registered with an agency of this State's
23government. The ordinance excluding titled or registered
24tangible personal property from the rate increase shall be
25adopted, and a certified copy of that ordinance shall be filed
26with the Department on or before October 1, whereupon the

HB3342 Enrolled- 240 -LRB100 08528 SMS 18653 b
1Department shall administer and enforce this exclusion from the
2rate increase as of the following January 1, or on or before
3April 1, whereupon the Department shall administer and enforce
4this exclusion from the rate increase as of the following July
51. The Board of Trustees of any Metro East Mass Transit
6District may never reimpose a previously excluded tax rate
7increase on tangible personal property titled or registered
8with an agency of this State's government.
9 (d-6) If the Board of Trustees of any Metro East Mass
10Transit District has imposed a rate increase under subsection
11(d-5) and filed an ordinance with the Department of Revenue
12excluding titled property from the higher rate, then that Board
13may, by ordinance adopted with the concurrence of two-thirds of
14the then trustees, impose throughout the District a fee. The
15fee on the excluded property shall not exceed $20 per retail
16transaction or an amount equal to the amount of tax excluded,
17whichever is less, on tangible personal property that is titled
18or registered with an agency of this State's government.
19Beginning July 1, 2004, the fee shall apply only to titled
20property that is subject to either the Metro East Mass Transit
21District Retailers' Occupation Tax or the Metro East Mass
22Transit District Service Occupation Tax. No fee shall be
23imposed or collected under this subsection on the sale of a
24motor vehicle in this State to a resident of another state if
25that motor vehicle will not be titled in this State.
26 (d-7) Until June 30, 2004, if a fee has been imposed under

HB3342 Enrolled- 241 -LRB100 08528 SMS 18653 b
1subsection (d-6), a fee shall also be imposed upon the
2privilege of using, in the district, any item of tangible
3personal property that is titled or registered with any agency
4of this State's government, in an amount equal to the amount of
5the fee imposed under subsection (d-6).
6 (d-7.1) Beginning July 1, 2004, any fee imposed by the
7Board of Trustees of any Metro East Mass Transit District under
8subsection (d-6) and all civil penalties that may be assessed
9as an incident of the fees shall be collected and enforced by
10the State Department of Revenue. Reference to "taxes" in this
11Section shall be construed to apply to the administration,
12payment, and remittance of all fees under this Section. For
13purposes of any fee imposed under subsection (d-6), 4% of the
14fee, penalty, and interest received by the Department in the
15first 12 months that the fee is collected and enforced by the
16Department and 2% of the fee, penalty, and interest following
17the first 12 months shall be deposited into the Tax Compliance
18and Administration Fund and shall be used by the Department,
19subject to appropriation, to cover the costs of the Department.
20No retailers' discount shall apply to any fee imposed under
21subsection (d-6).
22 (d-8) No item of titled property shall be subject to both
23the higher rate approved by referendum, as authorized under
24subsection (d-5), and any fee imposed under subsection (d-6) or
25(d-7).
26 (d-9) (Blank).

HB3342 Enrolled- 242 -LRB100 08528 SMS 18653 b
1 (d-10) (Blank).
2 (e) A certificate of registration issued by the State
3Department of Revenue to a retailer under the Retailers'
4Occupation Tax Act or under the Service Occupation Tax Act
5shall permit the registrant to engage in a business that is
6taxed under the tax imposed under paragraphs (b), (c) or (d) of
7this Section and no additional registration shall be required
8under the tax. A certificate issued under the Use Tax Act or
9the Service Use Tax Act shall be applicable with regard to any
10tax imposed under paragraph (c) of this Section.
11 (f) (Blank).
12 (g) Any ordinance imposing or discontinuing any tax under
13this Section shall be adopted and a certified copy thereof
14filed with the Department on or before June 1, whereupon the
15Department of Revenue shall proceed to administer and enforce
16this Section on behalf of the Metro East Mass Transit District
17as of September 1 next following such adoption and filing.
18Beginning January 1, 1992, an ordinance or resolution imposing
19or discontinuing the tax hereunder shall be adopted and a
20certified copy thereof filed with the Department on or before
21the first day of July, whereupon the Department shall proceed
22to administer and enforce this Section as of the first day of
23October next following such adoption and filing. Beginning
24January 1, 1993, except as provided in subsection (d-5) of this
25Section, an ordinance or resolution imposing or discontinuing
26the tax hereunder shall be adopted and a certified copy thereof

HB3342 Enrolled- 243 -LRB100 08528 SMS 18653 b
1filed with the Department on or before the first day of
2October, whereupon the Department shall proceed to administer
3and enforce this Section as of the first day of January next
4following such adoption and filing, or, beginning January 1,
52004, on or before the first day of April, whereupon the
6Department shall proceed to administer and enforce this Section
7as of the first day of July next following the adoption and
8filing.
9 (h) Except as provided in subsection (d-7.1), the State
10Department of Revenue shall, upon collecting any taxes as
11provided in this Section, pay the taxes over to the State
12Treasurer as trustee for the District. The taxes shall be held
13in a trust fund outside the State Treasury.
14 As soon as possible after the first day of each month,
15beginning January 1, 2011, upon certification of the Department
16of Revenue, the Comptroller shall order transferred, and the
17Treasurer shall transfer, to the STAR Bonds Revenue Fund the
18local sales tax increment, as defined in the Innovation
19Development and Economy Act, collected under this Section
20during the second preceding calendar month for sales within a
21STAR bond district. The Department shall make this
22certification only if the local mass transit district imposes a
23tax on real property as provided in the definition of "local
24sales taxes" under the Innovation Development and Economy Act.
25 After the monthly transfer to the STAR Bonds Revenue Fund,
26on or before the 25th day of each calendar month, the State

HB3342 Enrolled- 244 -LRB100 08528 SMS 18653 b
1Department of Revenue shall prepare and certify to the
2Comptroller of the State of Illinois the amount to be paid to
3the District, which shall be the amount (not including credit
4memoranda) collected under this Section during the second
5preceding calendar month by the Department plus an amount the
6Department determines is necessary to offset any amounts that
7were erroneously paid to a different taxing body, and not
8including any amount equal to the amount of refunds made during
9the second preceding calendar month by the Department on behalf
10of the District, and not including any amount that the
11Department determines is necessary to offset any amounts that
12were payable to a different taxing body but were erroneously
13paid to the District, and less any amounts that are transferred
14to the STAR Bonds Revenue Fund, less 1.5% 2% of the remainder,
15which the Department shall transfer into the Tax Compliance and
16Administration Fund. The Department, at the time of each
17monthly disbursement to the District, shall prepare and certify
18to the State Comptroller the amount to be transferred into the
19Tax Compliance and Administration Fund under this subsection.
20Within 10 days after receipt by the Comptroller of the
21certification of the amount to be paid to the District and the
22Tax Compliance and Administration Fund, the Comptroller shall
23cause an order to be drawn for payment for the amount in
24accordance with the direction in the certification.
25(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17.)

HB3342 Enrolled- 245 -LRB100 08528 SMS 18653 b
1 Section 20-35. The Regional Transportation Authority Act
2is amended by changing Section 4.03 as follows:
3 (70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
4 Sec. 4.03. Taxes.
5 (a) In order to carry out any of the powers or purposes of
6the Authority, the Board may by ordinance adopted with the
7concurrence of 12 of the then Directors, impose throughout the
8metropolitan region any or all of the taxes provided in this
9Section. Except as otherwise provided in this Act, taxes
10imposed under this Section and civil penalties imposed incident
11thereto shall be collected and enforced by the State Department
12of Revenue. The Department shall have the power to administer
13and enforce the taxes and to determine all rights for refunds
14for erroneous payments of the taxes. Nothing in Public Act
1595-708 is intended to invalidate any taxes currently imposed by
16the Authority. The increased vote requirements to impose a tax
17shall only apply to actions taken after January 1, 2008 (the
18effective date of Public Act 95-708).
19 (b) The Board may impose a public transportation tax upon
20all persons engaged in the metropolitan region in the business
21of selling at retail motor fuel for operation of motor vehicles
22upon public highways. The tax shall be at a rate not to exceed
235% of the gross receipts from the sales of motor fuel in the
24course of the business. As used in this Act, the term "motor
25fuel" shall have the same meaning as in the Motor Fuel Tax Law.

HB3342 Enrolled- 246 -LRB100 08528 SMS 18653 b
1The Board may provide for details of the tax. The provisions of
2any tax shall conform, as closely as may be practicable, to the
3provisions of the Municipal Retailers Occupation Tax Act,
4including without limitation, conformity to penalties with
5respect to the tax imposed and as to the powers of the State
6Department of Revenue to promulgate and enforce rules and
7regulations relating to the administration and enforcement of
8the provisions of the tax imposed, except that reference in the
9Act to any municipality shall refer to the Authority and the
10tax shall be imposed only with regard to receipts from sales of
11motor fuel in the metropolitan region, at rates as limited by
12this Section.
13 (c) In connection with the tax imposed under paragraph (b)
14of this Section the Board may impose a tax upon the privilege
15of using in the metropolitan region motor fuel for the
16operation of a motor vehicle upon public highways, the tax to
17be at a rate not in excess of the rate of tax imposed under
18paragraph (b) of this Section. The Board may provide for
19details of the tax.
20 (d) The Board may impose a motor vehicle parking tax upon
21the privilege of parking motor vehicles at off-street parking
22facilities in the metropolitan region at which a fee is
23charged, and may provide for reasonable classifications in and
24exemptions to the tax, for administration and enforcement
25thereof and for civil penalties and refunds thereunder and may
26provide criminal penalties thereunder, the maximum penalties

HB3342 Enrolled- 247 -LRB100 08528 SMS 18653 b
1not to exceed the maximum criminal penalties provided in the
2Retailers' Occupation Tax Act. The Authority may collect and
3enforce the tax itself or by contract with any unit of local
4government. The State Department of Revenue shall have no
5responsibility for the collection and enforcement unless the
6Department agrees with the Authority to undertake the
7collection and enforcement. As used in this paragraph, the term
8"parking facility" means a parking area or structure having
9parking spaces for more than 2 vehicles at which motor vehicles
10are permitted to park in return for an hourly, daily, or other
11periodic fee, whether publicly or privately owned, but does not
12include parking spaces on a public street, the use of which is
13regulated by parking meters.
14 (e) The Board may impose a Regional Transportation
15Authority Retailers' Occupation Tax upon all persons engaged in
16the business of selling tangible personal property at retail in
17the metropolitan region. In Cook County the tax rate shall be
181.25% of the gross receipts from sales of food for human
19consumption that is to be consumed off the premises where it is
20sold (other than alcoholic beverages, soft drinks and food that
21has been prepared for immediate consumption) and prescription
22and nonprescription medicines, drugs, medical appliances and
23insulin, urine testing materials, syringes and needles used by
24diabetics, and 1% of the gross receipts from other taxable
25sales made in the course of that business. In DuPage, Kane,
26Lake, McHenry, and Will Counties, the tax rate shall be 0.75%

HB3342 Enrolled- 248 -LRB100 08528 SMS 18653 b
1of the gross receipts from all taxable sales made in the course
2of that business. The tax imposed under this Section and all
3civil penalties that may be assessed as an incident thereof
4shall be collected and enforced by the State Department of
5Revenue. The Department shall have full power to administer and
6enforce this Section; to collect all taxes and penalties so
7collected in the manner hereinafter provided; and to determine
8all rights to credit memoranda arising on account of the
9erroneous payment of tax or penalty hereunder. In the
10administration of, and compliance with this Section, the
11Department and persons who are subject to this Section shall
12have the same rights, remedies, privileges, immunities, powers
13and duties, and be subject to the same conditions,
14restrictions, limitations, penalties, exclusions, exemptions
15and definitions of terms, and employ the same modes of
16procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
171e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
18therein other than the State rate of tax), 2c, 3 (except as to
19the disposition of taxes and penalties collected), 4, 5, 5a,
205b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
217, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act
22and Section 3-7 of the Uniform Penalty and Interest Act, as
23fully as if those provisions were set forth herein.
24 Persons subject to any tax imposed under the authority
25granted in this Section may reimburse themselves for their
26seller's tax liability hereunder by separately stating the tax

HB3342 Enrolled- 249 -LRB100 08528 SMS 18653 b
1as an additional charge, which charge may be stated in
2combination in a single amount with State taxes that sellers
3are required to collect under the Use Tax Act, under any
4bracket schedules the Department may prescribe.
5 Whenever the Department determines that a refund should be
6made under this Section to a claimant instead of issuing a
7credit memorandum, the Department shall notify the State
8Comptroller, who shall cause the warrant to be drawn for the
9amount specified, and to the person named, in the notification
10from the Department. The refund shall be paid by the State
11Treasurer out of the Regional Transportation Authority tax fund
12established under paragraph (n) of this Section.
13 If a tax is imposed under this subsection (e), a tax shall
14also be imposed under subsections (f) and (g) of this Section.
15 For the purpose of determining whether a tax authorized
16under this Section is applicable, a retail sale by a producer
17of coal or other mineral mined in Illinois, is a sale at retail
18at the place where the coal or other mineral mined in Illinois
19is extracted from the earth. This paragraph does not apply to
20coal or other mineral when it is delivered or shipped by the
21seller to the purchaser at a point outside Illinois so that the
22sale is exempt under the Federal Constitution as a sale in
23interstate or foreign commerce.
24 No tax shall be imposed or collected under this subsection
25on the sale of a motor vehicle in this State to a resident of
26another state if that motor vehicle will not be titled in this

HB3342 Enrolled- 250 -LRB100 08528 SMS 18653 b
1State.
2 Nothing in this Section shall be construed to authorize the
3Regional Transportation Authority to impose a tax upon the
4privilege of engaging in any business that under the
5Constitution of the United States may not be made the subject
6of taxation by this State.
7 (f) If a tax has been imposed under paragraph (e), a
8Regional Transportation Authority Service Occupation Tax shall
9also be imposed upon all persons engaged, in the metropolitan
10region in the business of making sales of service, who as an
11incident to making the sales of service, transfer tangible
12personal property within the metropolitan region, either in the
13form of tangible personal property or in the form of real
14estate as an incident to a sale of service. In Cook County, the
15tax rate shall be: (1) 1.25% of the serviceman's cost price of
16food prepared for immediate consumption and transferred
17incident to a sale of service subject to the service occupation
18tax by an entity licensed under the Hospital Licensing Act, the
19Nursing Home Care Act, the Specialized Mental Health
20Rehabilitation Act of 2013, the ID/DD Community Care Act, or
21the MC/DD Act that is located in the metropolitan region; (2)
221.25% of the selling price of food for human consumption that
23is to be consumed off the premises where it is sold (other than
24alcoholic beverages, soft drinks and food that has been
25prepared for immediate consumption) and prescription and
26nonprescription medicines, drugs, medical appliances and

HB3342 Enrolled- 251 -LRB100 08528 SMS 18653 b
1insulin, urine testing materials, syringes and needles used by
2diabetics; and (3) 1% of the selling price from other taxable
3sales of tangible personal property transferred. In DuPage,
4Kane, Lake, McHenry and Will Counties the rate shall be 0.75%
5of the selling price of all tangible personal property
6transferred.
7 The tax imposed under this paragraph and all civil
8penalties that may be assessed as an incident thereof shall be
9collected and enforced by the State Department of Revenue. The
10Department shall have full power to administer and enforce this
11paragraph; to collect all taxes and penalties due hereunder; to
12dispose of taxes and penalties collected in the manner
13hereinafter provided; and to determine all rights to credit
14memoranda arising on account of the erroneous payment of tax or
15penalty hereunder. In the administration of and compliance with
16this paragraph, the Department and persons who are subject to
17this paragraph shall have the same rights, remedies,
18privileges, immunities, powers and duties, and be subject to
19the same conditions, restrictions, limitations, penalties,
20exclusions, exemptions and definitions of terms, and employ the
21same modes of procedure, as are prescribed in Sections 1a-1, 2,
222a, 3 through 3-50 (in respect to all provisions therein other
23than the State rate of tax), 4 (except that the reference to
24the State shall be to the Authority), 5, 7, 8 (except that the
25jurisdiction to which the tax shall be a debt to the extent
26indicated in that Section 8 shall be the Authority), 9 (except

HB3342 Enrolled- 252 -LRB100 08528 SMS 18653 b
1as to the disposition of taxes and penalties collected, and
2except that the returned merchandise credit for this tax may
3not be taken against any State tax), 10, 11, 12 (except the
4reference therein to Section 2b of the Retailers' Occupation
5Tax Act), 13 (except that any reference to the State shall mean
6the Authority), the first paragraph of Section 15, 16, 17, 18,
719 and 20 of the Service Occupation Tax Act and Section 3-7 of
8the Uniform Penalty and Interest Act, as fully as if those
9provisions were set forth herein.
10 Persons subject to any tax imposed under the authority
11granted in this paragraph may reimburse themselves for their
12serviceman's tax liability hereunder by separately stating the
13tax as an additional charge, that charge may be stated in
14combination in a single amount with State tax that servicemen
15are authorized to collect under the Service Use Tax Act, under
16any bracket schedules the Department may prescribe.
17 Whenever the Department determines that a refund should be
18made under this paragraph to a claimant instead of issuing a
19credit memorandum, the Department shall notify the State
20Comptroller, who shall cause the warrant to be drawn for the
21amount specified, and to the person named in the notification
22from the Department. The refund shall be paid by the State
23Treasurer out of the Regional Transportation Authority tax fund
24established under paragraph (n) of this Section.
25 Nothing in this paragraph shall be construed to authorize
26the Authority to impose a tax upon the privilege of engaging in

HB3342 Enrolled- 253 -LRB100 08528 SMS 18653 b
1any business that under the Constitution of the United States
2may not be made the subject of taxation by the State.
3 (g) If a tax has been imposed under paragraph (e), a tax
4shall also be imposed upon the privilege of using in the
5metropolitan region, any item of tangible personal property
6that is purchased outside the metropolitan region at retail
7from a retailer, and that is titled or registered with an
8agency of this State's government. In Cook County the tax rate
9shall be 1% of the selling price of the tangible personal
10property, as "selling price" is defined in the Use Tax Act. In
11DuPage, Kane, Lake, McHenry and Will counties the tax rate
12shall be 0.75% of the selling price of the tangible personal
13property, as "selling price" is defined in the Use Tax Act. The
14tax shall be collected from persons whose Illinois address for
15titling or registration purposes is given as being in the
16metropolitan region. The tax shall be collected by the
17Department of Revenue for the Regional Transportation
18Authority. The tax must be paid to the State, or an exemption
19determination must be obtained from the Department of Revenue,
20before the title or certificate of registration for the
21property may be issued. The tax or proof of exemption may be
22transmitted to the Department by way of the State agency with
23which, or the State officer with whom, the tangible personal
24property must be titled or registered if the Department and the
25State agency or State officer determine that this procedure
26will expedite the processing of applications for title or

HB3342 Enrolled- 254 -LRB100 08528 SMS 18653 b
1registration.
2 The Department shall have full power to administer and
3enforce this paragraph; to collect all taxes, penalties and
4interest due hereunder; to dispose of taxes, penalties and
5interest collected in the manner hereinafter provided; and to
6determine all rights to credit memoranda or refunds arising on
7account of the erroneous payment of tax, penalty or interest
8hereunder. In the administration of and compliance with this
9paragraph, the Department and persons who are subject to this
10paragraph shall have the same rights, remedies, privileges,
11immunities, powers and duties, and be subject to the same
12conditions, restrictions, limitations, penalties, exclusions,
13exemptions and definitions of terms and employ the same modes
14of procedure, as are prescribed in Sections 2 (except the
15definition of "retailer maintaining a place of business in this
16State"), 3 through 3-80 (except provisions pertaining to the
17State rate of tax, and except provisions concerning collection
18or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
1919 (except the portions pertaining to claims by retailers and
20except the last paragraph concerning refunds), 20, 21 and 22 of
21the Use Tax Act, and are not inconsistent with this paragraph,
22as fully as if those provisions were set forth herein.
23 Whenever the Department determines that a refund should be
24made under this paragraph to a claimant instead of issuing a
25credit memorandum, the Department shall notify the State
26Comptroller, who shall cause the order to be drawn for the

HB3342 Enrolled- 255 -LRB100 08528 SMS 18653 b
1amount specified, and to the person named in the notification
2from the Department. The refund shall be paid by the State
3Treasurer out of the Regional Transportation Authority tax fund
4established under paragraph (n) of this Section.
5 (h) The Authority may impose a replacement vehicle tax of
6$50 on any passenger car as defined in Section 1-157 of the
7Illinois Vehicle Code purchased within the metropolitan region
8by or on behalf of an insurance company to replace a passenger
9car of an insured person in settlement of a total loss claim.
10The tax imposed may not become effective before the first day
11of the month following the passage of the ordinance imposing
12the tax and receipt of a certified copy of the ordinance by the
13Department of Revenue. The Department of Revenue shall collect
14the tax for the Authority in accordance with Sections 3-2002
15and 3-2003 of the Illinois Vehicle Code.
16 The Department shall immediately pay over to the State
17Treasurer, ex officio, as trustee, all taxes collected
18hereunder.
19 As soon as possible after the first day of each month,
20beginning January 1, 2011, upon certification of the Department
21of Revenue, the Comptroller shall order transferred, and the
22Treasurer shall transfer, to the STAR Bonds Revenue Fund the
23local sales tax increment, as defined in the Innovation
24Development and Economy Act, collected under this Section
25during the second preceding calendar month for sales within a
26STAR bond district.

HB3342 Enrolled- 256 -LRB100 08528 SMS 18653 b
1 After the monthly transfer to the STAR Bonds Revenue Fund,
2on or before the 25th day of each calendar month, the
3Department shall prepare and certify to the Comptroller the
4disbursement of stated sums of money to the Authority. The
5amount to be paid to the Authority shall be the amount
6collected hereunder during the second preceding calendar month
7by the Department, less any amount determined by the Department
8to be necessary for the payment of refunds, and less any
9amounts that are transferred to the STAR Bonds Revenue Fund.
10Within 10 days after receipt by the Comptroller of the
11disbursement certification to the Authority provided for in
12this Section to be given to the Comptroller by the Department,
13the Comptroller shall cause the orders to be drawn for that
14amount in accordance with the directions contained in the
15certification.
16 (i) The Board may not impose any other taxes except as it
17may from time to time be authorized by law to impose.
18 (j) A certificate of registration issued by the State
19Department of Revenue to a retailer under the Retailers'
20Occupation Tax Act or under the Service Occupation Tax Act
21shall permit the registrant to engage in a business that is
22taxed under the tax imposed under paragraphs (b), (e), (f) or
23(g) of this Section and no additional registration shall be
24required under the tax. A certificate issued under the Use Tax
25Act or the Service Use Tax Act shall be applicable with regard
26to any tax imposed under paragraph (c) of this Section.

HB3342 Enrolled- 257 -LRB100 08528 SMS 18653 b
1 (k) The provisions of any tax imposed under paragraph (c)
2of this Section shall conform as closely as may be practicable
3to the provisions of the Use Tax Act, including without
4limitation conformity as to penalties with respect to the tax
5imposed and as to the powers of the State Department of Revenue
6to promulgate and enforce rules and regulations relating to the
7administration and enforcement of the provisions of the tax
8imposed. The taxes shall be imposed only on use within the
9metropolitan region and at rates as provided in the paragraph.
10 (l) The Board in imposing any tax as provided in paragraphs
11(b) and (c) of this Section, shall, after seeking the advice of
12the State Department of Revenue, provide means for retailers,
13users or purchasers of motor fuel for purposes other than those
14with regard to which the taxes may be imposed as provided in
15those paragraphs to receive refunds of taxes improperly paid,
16which provisions may be at variance with the refund provisions
17as applicable under the Municipal Retailers Occupation Tax Act.
18The State Department of Revenue may provide for certificates of
19registration for users or purchasers of motor fuel for purposes
20other than those with regard to which taxes may be imposed as
21provided in paragraphs (b) and (c) of this Section to
22facilitate the reporting and nontaxability of the exempt sales
23or uses.
24 (m) Any ordinance imposing or discontinuing any tax under
25this Section shall be adopted and a certified copy thereof
26filed with the Department on or before June 1, whereupon the

HB3342 Enrolled- 258 -LRB100 08528 SMS 18653 b
1Department of Revenue shall proceed to administer and enforce
2this Section on behalf of the Regional Transportation Authority
3as of September 1 next following such adoption and filing.
4Beginning January 1, 1992, an ordinance or resolution imposing
5or discontinuing the tax hereunder shall be adopted and a
6certified copy thereof filed with the Department on or before
7the first day of July, whereupon the Department shall proceed
8to administer and enforce this Section as of the first day of
9October next following such adoption and filing. Beginning
10January 1, 1993, an ordinance or resolution imposing,
11increasing, decreasing, or discontinuing the tax hereunder
12shall be adopted and a certified copy thereof filed with the
13Department, whereupon the Department shall proceed to
14administer and enforce this Section as of the first day of the
15first month to occur not less than 60 days following such
16adoption and filing. Any ordinance or resolution of the
17Authority imposing a tax under this Section and in effect on
18August 1, 2007 shall remain in full force and effect and shall
19be administered by the Department of Revenue under the terms
20and conditions and rates of tax established by such ordinance
21or resolution until the Department begins administering and
22enforcing an increased tax under this Section as authorized by
23Public Act 95-708. The tax rates authorized by Public Act
2495-708 are effective only if imposed by ordinance of the
25Authority.
26 (n) Except as otherwise provided in this subsection (n),

HB3342 Enrolled- 259 -LRB100 08528 SMS 18653 b
1the State Department of Revenue shall, upon collecting any
2taxes as provided in this Section, pay the taxes over to the
3State Treasurer as trustee for the Authority. The taxes shall
4be held in a trust fund outside the State Treasury. On or
5before the 25th day of each calendar month, the State
6Department of Revenue shall prepare and certify to the
7Comptroller of the State of Illinois and to the Authority (i)
8the amount of taxes collected in each County other than Cook
9County in the metropolitan region, (ii) the amount of taxes
10collected within the City of Chicago, and (iii) the amount
11collected in that portion of Cook County outside of Chicago,
12each amount less the amount necessary for the payment of
13refunds to taxpayers located in those areas described in items
14(i), (ii), and (iii), and less 1.5% 2% of the remainder, which
15shall be transferred from the trust fund into the Tax
16Compliance and Administration Fund. The Department, at the time
17of each monthly disbursement to the Authority, shall prepare
18and certify to the State Comptroller the amount to be
19transferred into the Tax Compliance and Administration Fund
20under this subsection. Within 10 days after receipt by the
21Comptroller of the certification of the amounts, the
22Comptroller shall cause an order to be drawn for the transfer
23of the amount certified into the Tax Compliance and
24Administration Fund and the payment of two-thirds of the
25amounts certified in item (i) of this subsection to the
26Authority and one-third of the amounts certified in item (i) of

HB3342 Enrolled- 260 -LRB100 08528 SMS 18653 b
1this subsection to the respective counties other than Cook
2County and the amount certified in items (ii) and (iii) of this
3subsection to the Authority.
4 In addition to the disbursement required by the preceding
5paragraph, an allocation shall be made in July 1991 and each
6year thereafter to the Regional Transportation Authority. The
7allocation shall be made in an amount equal to the average
8monthly distribution during the preceding calendar year
9(excluding the 2 months of lowest receipts) and the allocation
10shall include the amount of average monthly distribution from
11the Regional Transportation Authority Occupation and Use Tax
12Replacement Fund. The distribution made in July 1992 and each
13year thereafter under this paragraph and the preceding
14paragraph shall be reduced by the amount allocated and
15disbursed under this paragraph in the preceding calendar year.
16The Department of Revenue shall prepare and certify to the
17Comptroller for disbursement the allocations made in
18accordance with this paragraph.
19 (o) Failure to adopt a budget ordinance or otherwise to
20comply with Section 4.01 of this Act or to adopt a Five-year
21Capital Program or otherwise to comply with paragraph (b) of
22Section 2.01 of this Act shall not affect the validity of any
23tax imposed by the Authority otherwise in conformity with law.
24 (p) At no time shall a public transportation tax or motor
25vehicle parking tax authorized under paragraphs (b), (c) and
26(d) of this Section be in effect at the same time as any

HB3342 Enrolled- 261 -LRB100 08528 SMS 18653 b
1retailers' occupation, use or service occupation tax
2authorized under paragraphs (e), (f) and (g) of this Section is
3in effect.
4 Any taxes imposed under the authority provided in
5paragraphs (b), (c) and (d) shall remain in effect only until
6the time as any tax authorized by paragraphs (e), (f) or (g) of
7this Section are imposed and becomes effective. Once any tax
8authorized by paragraphs (e), (f) or (g) is imposed the Board
9may not reimpose taxes as authorized in paragraphs (b), (c) and
10(d) of the Section unless any tax authorized by paragraphs (e),
11(f) or (g) of this Section becomes ineffective by means other
12than an ordinance of the Board.
13 (q) Any existing rights, remedies and obligations
14(including enforcement by the Regional Transportation
15Authority) arising under any tax imposed under paragraphs (b),
16(c) or (d) of this Section shall not be affected by the
17imposition of a tax under paragraphs (e), (f) or (g) of this
18Section.
19(Source: P.A. 99-180, eff. 7-29-15; 99-217, eff. 7-31-15;
2099-642, eff. 7-28-16; 100-23, eff. 7-6-17.)
21 Section 20-40. The Water Commission Act of 1985 is amended
22by changing Section 4 as follows:
23 (70 ILCS 3720/4) (from Ch. 111 2/3, par. 254)
24 Sec. 4. Taxes.

HB3342 Enrolled- 262 -LRB100 08528 SMS 18653 b
1 (a) The board of commissioners of any county water
2commission may, by ordinance, impose throughout the territory
3of the commission any or all of the taxes provided in this
4Section for its corporate purposes. However, no county water
5commission may impose any such tax unless the commission
6certifies the proposition of imposing the tax to the proper
7election officials, who shall submit the proposition to the
8voters residing in the territory at an election in accordance
9with the general election law, and the proposition has been
10approved by a majority of those voting on the proposition.
11 The proposition shall be in the form provided in Section 5
12or shall be substantially in the following form:
13-------------------------------------------------------------
14 Shall the (insert corporate
15name of county water commission) YES
16impose (state type of tax or ------------------------
17taxes to be imposed) at the NO
18rate of 1/4%?
19-------------------------------------------------------------
20 Taxes imposed under this Section and civil penalties
21imposed incident thereto shall be collected and enforced by the
22State Department of Revenue. The Department shall have the
23power to administer and enforce the taxes and to determine all
24rights for refunds for erroneous payments of the taxes.
25 (b) The board of commissioners may impose a County Water
26Commission Retailers' Occupation Tax upon all persons engaged

HB3342 Enrolled- 263 -LRB100 08528 SMS 18653 b
1in the business of selling tangible personal property at retail
2in the territory of the commission at a rate of 1/4% of the
3gross receipts from the sales made in the course of such
4business within the territory. The tax imposed under this
5paragraph and all civil penalties that may be assessed as an
6incident thereof shall be collected and enforced by the State
7Department of Revenue. The Department shall have full power to
8administer and enforce this paragraph; to collect all taxes and
9penalties due hereunder; to dispose of taxes and penalties so
10collected in the manner hereinafter provided; and to determine
11all rights to credit memoranda arising on account of the
12erroneous payment of tax or penalty hereunder. In the
13administration of, and compliance with, this paragraph, the
14Department and persons who are subject to this paragraph shall
15have the same rights, remedies, privileges, immunities, powers
16and duties, and be subject to the same conditions,
17restrictions, limitations, penalties, exclusions, exemptions
18and definitions of terms, and employ the same modes of
19procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
201e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
21therein other than the State rate of tax except that food for
22human consumption that is to be consumed off the premises where
23it is sold (other than alcoholic beverages, soft drinks, and
24food that has been prepared for immediate consumption) and
25prescription and nonprescription medicine, drugs, medical
26appliances and insulin, urine testing materials, syringes, and

HB3342 Enrolled- 264 -LRB100 08528 SMS 18653 b
1needles used by diabetics, for human use, shall not be subject
2to tax hereunder), 2c, 3 (except as to the disposition of taxes
3and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,
45i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13
5of the Retailers' Occupation Tax Act and Section 3-7 of the
6Uniform Penalty and Interest Act, as fully as if those
7provisions were set forth herein.
8 Persons subject to any tax imposed under the authority
9granted in this paragraph may reimburse themselves for their
10seller's tax liability hereunder by separately stating the tax
11as an additional charge, which charge may be stated in
12combination, in a single amount, with State taxes that sellers
13are required to collect under the Use Tax Act and under
14subsection (e) of Section 4.03 of the Regional Transportation
15Authority Act, in accordance with such bracket schedules as the
16Department may prescribe.
17 Whenever the Department determines that a refund should be
18made under this paragraph to a claimant instead of issuing a
19credit memorandum, the Department shall notify the State
20Comptroller, who shall cause the warrant to be drawn for the
21amount specified, and to the person named, in the notification
22from the Department. The refund shall be paid by the State
23Treasurer out of a county water commission tax fund established
24under subsection paragraph (g) of this Section.
25 For the purpose of determining whether a tax authorized
26under this paragraph is applicable, a retail sale by a producer

HB3342 Enrolled- 265 -LRB100 08528 SMS 18653 b
1of coal or other mineral mined in Illinois is a sale at retail
2at the place where the coal or other mineral mined in Illinois
3is extracted from the earth. This paragraph does not apply to
4coal or other mineral when it is delivered or shipped by the
5seller to the purchaser at a point outside Illinois so that the
6sale is exempt under the Federal Constitution as a sale in
7interstate or foreign commerce.
8 If a tax is imposed under this subsection (b), a tax shall
9also be imposed under subsections (c) and (d) of this Section.
10 No tax shall be imposed or collected under this subsection
11on the sale of a motor vehicle in this State to a resident of
12another state if that motor vehicle will not be titled in this
13State.
14 Nothing in this paragraph shall be construed to authorize a
15county water commission to impose a tax upon the privilege of
16engaging in any business which under the Constitution of the
17United States may not be made the subject of taxation by this
18State.
19 (c) If a tax has been imposed under subsection (b), a
20County Water Commission Service Occupation Tax shall also be
21imposed upon all persons engaged, in the territory of the
22commission, in the business of making sales of service, who, as
23an incident to making the sales of service, transfer tangible
24personal property within the territory. The tax rate shall be
251/4% of the selling price of tangible personal property so
26transferred within the territory. The tax imposed under this

HB3342 Enrolled- 266 -LRB100 08528 SMS 18653 b
1paragraph and all civil penalties that may be assessed as an
2incident thereof shall be collected and enforced by the State
3Department of Revenue. The Department shall have full power to
4administer and enforce this paragraph; to collect all taxes and
5penalties due hereunder; to dispose of taxes and penalties so
6collected in the manner hereinafter provided; and to determine
7all rights to credit memoranda arising on account of the
8erroneous payment of tax or penalty hereunder. In the
9administration of, and compliance with, this paragraph, the
10Department and persons who are subject to this paragraph shall
11have the same rights, remedies, privileges, immunities, powers
12and duties, and be subject to the same conditions,
13restrictions, limitations, penalties, exclusions, exemptions
14and definitions of terms, and employ the same modes of
15procedure, as are prescribed in Sections 1a-1, 2 (except that
16the reference to State in the definition of supplier
17maintaining a place of business in this State shall mean the
18territory of the commission), 2a, 3 through 3-50 (in respect to
19all provisions therein other than the State rate of tax except
20that food for human consumption that is to be consumed off the
21premises where it is sold (other than alcoholic beverages, soft
22drinks, and food that has been prepared for immediate
23consumption) and prescription and nonprescription medicines,
24drugs, medical appliances and insulin, urine testing
25materials, syringes, and needles used by diabetics, for human
26use, shall not be subject to tax hereunder), 4 (except that the

HB3342 Enrolled- 267 -LRB100 08528 SMS 18653 b
1reference to the State shall be to the territory of the
2commission), 5, 7, 8 (except that the jurisdiction to which the
3tax shall be a debt to the extent indicated in that Section 8
4shall be the commission), 9 (except as to the disposition of
5taxes and penalties collected and except that the returned
6merchandise credit for this tax may not be taken against any
7State tax), 10, 11, 12 (except the reference therein to Section
82b of the Retailers' Occupation Tax Act), 13 (except that any
9reference to the State shall mean the territory of the
10commission), the first paragraph of Section 15, 15.5, 16, 17,
1118, 19, and 20 of the Service Occupation Tax Act as fully as if
12those provisions were set forth herein.
13 Persons subject to any tax imposed under the authority
14granted in this paragraph may reimburse themselves for their
15serviceman's tax liability hereunder by separately stating the
16tax as an additional charge, which charge may be stated in
17combination, in a single amount, with State tax that servicemen
18are authorized to collect under the Service Use Tax Act, and
19any tax for which servicemen may be liable under subsection (f)
20of Section 4.03 of the Regional Transportation Authority Act,
21in accordance with such bracket schedules as the Department may
22prescribe.
23 Whenever the Department determines that a refund should be
24made under this paragraph to a claimant instead of issuing a
25credit memorandum, the Department shall notify the State
26Comptroller, who shall cause the warrant to be drawn for the

HB3342 Enrolled- 268 -LRB100 08528 SMS 18653 b
1amount specified, and to the person named, in the notification
2from the Department. The refund shall be paid by the State
3Treasurer out of a county water commission tax fund established
4under subsection paragraph (g) of this Section.
5 Nothing in this paragraph shall be construed to authorize a
6county water commission to impose a tax upon the privilege of
7engaging in any business which under the Constitution of the
8United States may not be made the subject of taxation by the
9State.
10 (d) If a tax has been imposed under subsection (b), a tax
11shall also be imposed upon the privilege of using, in the
12territory of the commission, any item of tangible personal
13property that is purchased outside the territory at retail from
14a retailer, and that is titled or registered with an agency of
15this State's government, at a rate of 1/4% of the selling price
16of the tangible personal property within the territory, as
17"selling price" is defined in the Use Tax Act. The tax shall be
18collected from persons whose Illinois address for titling or
19registration purposes is given as being in the territory. The
20tax shall be collected by the Department of Revenue for a
21county water commission. The tax must be paid to the State, or
22an exemption determination must be obtained from the Department
23of Revenue, before the title or certificate of registration for
24the property may be issued. The tax or proof of exemption may
25be transmitted to the Department by way of the State agency
26with which, or the State officer with whom, the tangible

HB3342 Enrolled- 269 -LRB100 08528 SMS 18653 b
1personal property must be titled or registered if the
2Department and the State agency or State officer determine that
3this procedure will expedite the processing of applications for
4title or registration.
5 The Department shall have full power to administer and
6enforce this paragraph; to collect all taxes, penalties, and
7interest due hereunder; to dispose of taxes, penalties, and
8interest so collected in the manner hereinafter provided; and
9to determine all rights to credit memoranda or refunds arising
10on account of the erroneous payment of tax, penalty, or
11interest hereunder. In the administration of, and compliance
12with this paragraph, the Department and persons who are subject
13to this paragraph shall have the same rights, remedies,
14privileges, immunities, powers, and duties, and be subject to
15the same conditions, restrictions, limitations, penalties,
16exclusions, exemptions, and definitions of terms and employ the
17same modes of procedure, as are prescribed in Sections 2
18(except the definition of "retailer maintaining a place of
19business in this State"), 3 through 3-80 (except provisions
20pertaining to the State rate of tax, and except provisions
21concerning collection or refunding of the tax by retailers, and
22except that food for human consumption that is to be consumed
23off the premises where it is sold (other than alcoholic
24beverages, soft drinks, and food that has been prepared for
25immediate consumption) and prescription and nonprescription
26medicines, drugs, medical appliances and insulin, urine

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1testing materials, syringes, and needles used by diabetics, for
2human use, shall not be subject to tax hereunder), 4, 11, 12,
312a, 14, 15, 19 (except the portions pertaining to claims by
4retailers and except the last paragraph concerning refunds),
520, 21, and 22 of the Use Tax Act and Section 3-7 of the Uniform
6Penalty and Interest Act that are not inconsistent with this
7paragraph, as fully as if those provisions were set forth
8herein.
9 Whenever the Department determines that a refund should be
10made under this paragraph to a claimant instead of issuing a
11credit memorandum, the Department shall notify the State
12Comptroller, who shall cause the order to be drawn for the
13amount specified, and to the person named, in the notification
14from the Department. The refund shall be paid by the State
15Treasurer out of a county water commission tax fund established
16under subsection paragraph (g) of this Section.
17 (e) A certificate of registration issued by the State
18Department of Revenue to a retailer under the Retailers'
19Occupation Tax Act or under the Service Occupation Tax Act
20shall permit the registrant to engage in a business that is
21taxed under the tax imposed under subsection paragraphs (b),
22(c), or (d) of this Section and no additional registration
23shall be required under the tax. A certificate issued under the
24Use Tax Act or the Service Use Tax Act shall be applicable with
25regard to any tax imposed under subsection paragraph (c) of
26this Section.

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1 (f) Any ordinance imposing or discontinuing any tax under
2this Section shall be adopted and a certified copy thereof
3filed with the Department on or before June 1, whereupon the
4Department of Revenue shall proceed to administer and enforce
5this Section on behalf of the county water commission as of
6September 1 next following the adoption and filing. Beginning
7January 1, 1992, an ordinance or resolution imposing or
8discontinuing the tax hereunder shall be adopted and a
9certified copy thereof filed with the Department on or before
10the first day of July, whereupon the Department shall proceed
11to administer and enforce this Section as of the first day of
12October next following such adoption and filing. Beginning
13January 1, 1993, an ordinance or resolution imposing or
14discontinuing the tax hereunder shall be adopted and a
15certified copy thereof filed with the Department on or before
16the first day of October, whereupon the Department shall
17proceed to administer and enforce this Section as of the first
18day of January next following such adoption and filing.
19 (g) The State Department of Revenue shall, upon collecting
20any taxes as provided in this Section, pay the taxes over to
21the State Treasurer as trustee for the commission. The taxes
22shall be held in a trust fund outside the State Treasury.
23 As soon as possible after the first day of each month,
24beginning January 1, 2011, upon certification of the Department
25of Revenue, the Comptroller shall order transferred, and the
26Treasurer shall transfer, to the STAR Bonds Revenue Fund the

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1local sales tax increment, as defined in the Innovation
2Development and Economy Act, collected under this Section
3during the second preceding calendar month for sales within a
4STAR bond district.
5 After the monthly transfer to the STAR Bonds Revenue Fund,
6on or before the 25th day of each calendar month, the State
7Department of Revenue shall prepare and certify to the
8Comptroller of the State of Illinois the amount to be paid to
9the commission, which shall be the amount (not including credit
10memoranda) collected under this Section during the second
11preceding calendar month by the Department plus an amount the
12Department determines is necessary to offset any amounts that
13were erroneously paid to a different taxing body, and not
14including any amount equal to the amount of refunds made during
15the second preceding calendar month by the Department on behalf
16of the commission, and not including any amount that the
17Department determines is necessary to offset any amounts that
18were payable to a different taxing body but were erroneously
19paid to the commission, and less any amounts that are
20transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
21remainder, which shall be transferred into the Tax Compliance
22and Administration Fund. The Department, at the time of each
23monthly disbursement to the commission, shall prepare and
24certify to the State Comptroller the amount to be transferred
25into the Tax Compliance and Administration Fund under this
26subsection. Within 10 days after receipt by the Comptroller of

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1the certification of the amount to be paid to the commission
2and the Tax Compliance and Administration Fund, the Comptroller
3shall cause an order to be drawn for the payment for the amount
4in accordance with the direction in the certification.
5 (h) Beginning June 1, 2016, any tax imposed pursuant to
6this Section may no longer be imposed or collected, unless a
7continuation of the tax is approved by the voters at a
8referendum as set forth in this Section.
9(Source: P.A. 99-217, eff. 7-31-15; 99-642, eff. 7-28-16;
10100-23, eff. 7-6-17; revised 10-3-17.)
11
ARTICLE 25. FISCAL YEAR LIMITATIONS
12 Section 25-5. The State Finance Act is amended by changing
13Sections 5h.5 and 25 as follows:
14 (30 ILCS 105/5h.5)
15 Sec. 5h.5. Cash flow borrowing and general funds liquidity;
16Fiscal Years Year 2018 and 2019.
17 (a) In order to meet cash flow deficits and to maintain
18liquidity in general funds and the Health Insurance Reserve
19Fund, on and after July 1, 2017 and through March 1, 2019
20December 31, 2018, the State Treasurer and the State
21Comptroller, in consultation with the Governor's Office of
22Management and Budget, shall make transfers to general funds
23and the Health Insurance Reserve Fund, as directed by the State

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1Comptroller, out of special funds of the State, to the extent
2allowed by federal law.
3 No such transfer may reduce the cumulative balance of all
4of the special funds of the State to an amount less than the
5total debt service payable during the 12 months immediately
6following the date of the transfer on any bonded indebtedness
7of the State and any certificates issued under the Short Term
8Borrowing Act. At no time shall the outstanding total transfers
9made from the special funds of the State to general funds and
10the Health Insurance Reserve Fund under this Section exceed
11$1,200,000,000; once the amount of $1,200,000,000 has been
12transferred from the special funds of the State to general
13funds and the Health Insurance Reserve Fund, additional
14transfers may be made from the special funds of the State to
15general funds and the Health Insurance Reserve Fund under this
16Section only to the extent that moneys have first been
17re-transferred from general funds and the Health Insurance
18Reserve Fund to those special funds of the State.
19Notwithstanding any other provision of this Section, no such
20transfer may be made from any special fund that is exclusively
21collected by or directly appropriated to any other
22constitutional officer without the written approval of that
23constitutional officer.
24 (b) If moneys have been transferred to general funds and
25the Health Insurance Reserve Fund pursuant to subsection (a) of
26this Section, this amendatory Act of the 100th General Assembly

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1shall constitute the continuing authority for and direction to
2the State Treasurer and State Comptroller to reimburse the
3funds of origin from general funds by transferring to the funds
4of origin, at such times and in such amounts as directed by the
5Comptroller when necessary to support appropriated
6expenditures from the funds, an amount equal to that
7transferred from them plus any interest that would have accrued
8thereon had the transfer not occurred, except that any moneys
9transferred pursuant to subsection (a) of this Section shall be
10repaid to the fund of origin within 24 months after the date on
11which they were borrowed. When any of the funds from which
12moneys have been transferred pursuant to subsection (a) have
13insufficient cash from which the State Comptroller may make
14expenditures properly supported by appropriations from the
15fund, then the State Treasurer and State Comptroller shall
16transfer from general funds to the fund only such amount as is
17immediately necessary to satisfy outstanding expenditure
18obligations on a timely basis.
19 (c) On the first day of each quarterly period in each
20fiscal year, until such time as a report indicates that all
21moneys borrowed and interest pursuant to this Section have been
22repaid, the Comptroller shall provide to the President and the
23Minority Leader of the Senate, the Speaker and the Minority
24Leader of the House of Representatives, and the Commission on
25Government Forecasting and Accountability a report on all
26transfers made pursuant to this Section in the prior quarterly

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1period. The report must be provided in electronic format. The
2report must include all of the following:
3 (1) the date each transfer was made;
4 (2) the amount of each transfer;
5 (3) in the case of a transfer from general funds to a
6 fund of origin pursuant to subsection (b) of this Section,
7 the amount of interest being paid to the fund of origin;
8 and
9 (4) the end of day balance of the fund of origin, the
10 general funds, and the Health Insurance Reserve Fund on the
11 date the transfer was made.
12(Source: P.A. 100-23, eff. 7-6-17.)
13 (30 ILCS 105/25) (from Ch. 127, par. 161)
14 Sec. 25. Fiscal year limitations.
15 (a) All appropriations shall be available for expenditure
16for the fiscal year or for a lesser period if the Act making
17that appropriation so specifies. A deficiency or emergency
18appropriation shall be available for expenditure only through
19June 30 of the year when the Act making that appropriation is
20enacted unless that Act otherwise provides.
21 (b) Outstanding liabilities as of June 30, payable from
22appropriations which have otherwise expired, may be paid out of
23the expiring appropriations during the 2-month period ending at
24the close of business on August 31. Any service involving
25professional or artistic skills or any personal services by an

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1employee whose compensation is subject to income tax
2withholding must be performed as of June 30 of the fiscal year
3in order to be considered an "outstanding liability as of June
430" that is thereby eligible for payment out of the expiring
5appropriation.
6 (b-1) However, payment of tuition reimbursement claims
7under Section 14-7.03 or 18-3 of the School Code may be made by
8the State Board of Education from its appropriations for those
9respective purposes for any fiscal year, even though the claims
10reimbursed by the payment may be claims attributable to a prior
11fiscal year, and payments may be made at the direction of the
12State Superintendent of Education from the fund from which the
13appropriation is made without regard to any fiscal year
14limitations, except as required by subsection (j) of this
15Section. Beginning on June 30, 2021, payment of tuition
16reimbursement claims under Section 14-7.03 or 18-3 of the
17School Code as of June 30, payable from appropriations that
18have otherwise expired, may be paid out of the expiring
19appropriation during the 4-month period ending at the close of
20business on October 31.
21 (b-2) All outstanding liabilities as of June 30, 2010,
22payable from appropriations that would otherwise expire at the
23conclusion of the lapse period for fiscal year 2010, and
24interest penalties payable on those liabilities under the State
25Prompt Payment Act, may be paid out of the expiring
26appropriations until December 31, 2010, without regard to the

HB3342 Enrolled- 278 -LRB100 08528 SMS 18653 b
1fiscal year in which the payment is made, as long as vouchers
2for the liabilities are received by the Comptroller no later
3than August 31, 2010.
4 (b-2.5) All outstanding liabilities as of June 30, 2011,
5payable from appropriations that would otherwise expire at the
6conclusion of the lapse period for fiscal year 2011, and
7interest penalties payable on those liabilities under the State
8Prompt Payment Act, may be paid out of the expiring
9appropriations until December 31, 2011, without regard to the
10fiscal year in which the payment is made, as long as vouchers
11for the liabilities are received by the Comptroller no later
12than August 31, 2011.
13 (b-2.6) All outstanding liabilities as of June 30, 2012,
14payable from appropriations that would otherwise expire at the
15conclusion of the lapse period for fiscal year 2012, and
16interest penalties payable on those liabilities under the State
17Prompt Payment Act, may be paid out of the expiring
18appropriations until December 31, 2012, without regard to the
19fiscal year in which the payment is made, as long as vouchers
20for the liabilities are received by the Comptroller no later
21than August 31, 2012.
22 (b-2.6a) All outstanding liabilities as of June 30, 2017,
23payable from appropriations that would otherwise expire at the
24conclusion of the lapse period for fiscal year 2017, and
25interest penalties payable on those liabilities under the State
26Prompt Payment Act, may be paid out of the expiring

HB3342 Enrolled- 279 -LRB100 08528 SMS 18653 b
1appropriations until December 31, 2017, without regard to the
2fiscal year in which the payment is made, as long as vouchers
3for the liabilities are received by the Comptroller no later
4than September 30, 2017.
5 (b-2.6b) All outstanding liabilities as of June 30, 2018,
6payable from appropriations that would otherwise expire at the
7conclusion of the lapse period for fiscal year 2018, and
8interest penalties payable on those liabilities under the State
9Prompt Payment Act, may be paid out of the expiring
10appropriations until December 31, 2018, without regard to the
11fiscal year in which the payment is made, as long as vouchers
12for the liabilities are received by the Comptroller no later
13than October 31, 2018.
14 (b-2.7) For fiscal years 2012, 2013, and 2014, interest
15penalties payable under the State Prompt Payment Act associated
16with a voucher for which payment is issued after June 30 may be
17paid out of the next fiscal year's appropriation. The future
18year appropriation must be for the same purpose and from the
19same fund as the original payment. An interest penalty voucher
20submitted against a future year appropriation must be submitted
21within 60 days after the issuance of the associated voucher,
22and the Comptroller must issue the interest payment within 60
23days after acceptance of the interest voucher.
24 (b-3) Medical payments may be made by the Department of
25Veterans' Affairs from its appropriations for those purposes
26for any fiscal year, without regard to the fact that the

HB3342 Enrolled- 280 -LRB100 08528 SMS 18653 b
1medical services being compensated for by such payment may have
2been rendered in a prior fiscal year, except as required by
3subsection (j) of this Section. Beginning on June 30, 2021,
4medical payments payable from appropriations that have
5otherwise expired may be paid out of the expiring appropriation
6during the 4-month period ending at the close of business on
7October 31.
8 (b-4) Medical payments and child care payments may be made
9by the Department of Human Services (as successor to the
10Department of Public Aid) from appropriations for those
11purposes for any fiscal year, without regard to the fact that
12the medical or child care services being compensated for by
13such payment may have been rendered in a prior fiscal year; and
14payments may be made at the direction of the Department of
15Healthcare and Family Services (or successor agency) from the
16Health Insurance Reserve Fund without regard to any fiscal year
17limitations, except as required by subsection (j) of this
18Section. Beginning on June 30, 2021, medical and child care
19payments made by the Department of Human Services and payments
20made at the discretion of the Department of Healthcare and
21Family Services (or successor agency) from the Health Insurance
22Reserve Fund and payable from appropriations that have
23otherwise expired may be paid out of the expiring appropriation
24during the 4-month period ending at the close of business on
25October 31.
26 (b-5) Medical payments may be made by the Department of

HB3342 Enrolled- 281 -LRB100 08528 SMS 18653 b
1Human Services from its appropriations relating to substance
2abuse treatment services for any fiscal year, without regard to
3the fact that the medical services being compensated for by
4such payment may have been rendered in a prior fiscal year,
5provided the payments are made on a fee-for-service basis
6consistent with requirements established for Medicaid
7reimbursement by the Department of Healthcare and Family
8Services, except as required by subsection (j) of this Section.
9Beginning on June 30, 2021, medical payments made by the
10Department of Human Services relating to substance abuse
11treatment services payable from appropriations that have
12otherwise expired may be paid out of the expiring appropriation
13during the 4-month period ending at the close of business on
14October 31.
15 (b-6) Additionally, payments may be made by the Department
16of Human Services from its appropriations, or any other State
17agency from its appropriations with the approval of the
18Department of Human Services, from the Immigration Reform and
19Control Fund for purposes authorized pursuant to the
20Immigration Reform and Control Act of 1986, without regard to
21any fiscal year limitations, except as required by subsection
22(j) of this Section. Beginning on June 30, 2021, payments made
23by the Department of Human Services from the Immigration Reform
24and Control Fund for purposes authorized pursuant to the
25Immigration Reform and Control Act of 1986 payable from
26appropriations that have otherwise expired may be paid out of

HB3342 Enrolled- 282 -LRB100 08528 SMS 18653 b
1the expiring appropriation during the 4-month period ending at
2the close of business on October 31.
3 (b-7) Payments may be made in accordance with a plan
4authorized by paragraph (11) or (12) of Section 405-105 of the
5Department of Central Management Services Law from
6appropriations for those payments without regard to fiscal year
7limitations.
8 (b-8) Reimbursements to eligible airport sponsors for the
9construction or upgrading of Automated Weather Observation
10Systems may be made by the Department of Transportation from
11appropriations for those purposes for any fiscal year, without
12regard to the fact that the qualification or obligation may
13have occurred in a prior fiscal year, provided that at the time
14the expenditure was made the project had been approved by the
15Department of Transportation prior to June 1, 2012 and, as a
16result of recent changes in federal funding formulas, can no
17longer receive federal reimbursement.
18 (b-9) Medical payments not exceeding $150,000,000 may be
19made by the Department on Aging from its appropriations
20relating to the Community Care Program for fiscal year 2014,
21without regard to the fact that the medical services being
22compensated for by such payment may have been rendered in a
23prior fiscal year, provided the payments are made on a
24fee-for-service basis consistent with requirements established
25for Medicaid reimbursement by the Department of Healthcare and
26Family Services, except as required by subsection (j) of this

HB3342 Enrolled- 283 -LRB100 08528 SMS 18653 b
1Section.
2 (c) Further, payments may be made by the Department of
3Public Health and the Department of Human Services (acting as
4successor to the Department of Public Health under the
5Department of Human Services Act) from their respective
6appropriations for grants for medical care to or on behalf of
7premature and high-mortality risk infants and their mothers and
8for grants for supplemental food supplies provided under the
9United States Department of Agriculture Women, Infants and
10Children Nutrition Program, for any fiscal year without regard
11to the fact that the services being compensated for by such
12payment may have been rendered in a prior fiscal year, except
13as required by subsection (j) of this Section. Beginning on
14June 30, 2021, payments made by the Department of Public Health
15and the Department of Human Services from their respective
16appropriations for grants for medical care to or on behalf of
17premature and high-mortality risk infants and their mothers and
18for grants for supplemental food supplies provided under the
19United States Department of Agriculture Women, Infants and
20Children Nutrition Program payable from appropriations that
21have otherwise expired may be paid out of the expiring
22appropriations during the 4-month period ending at the close of
23business on October 31.
24 (d) The Department of Public Health and the Department of
25Human Services (acting as successor to the Department of Public
26Health under the Department of Human Services Act) shall each

HB3342 Enrolled- 284 -LRB100 08528 SMS 18653 b
1annually submit to the State Comptroller, Senate President,
2Senate Minority Leader, Speaker of the House, House Minority
3Leader, and the respective Chairmen and Minority Spokesmen of
4the Appropriations Committees of the Senate and the House, on
5or before December 31, a report of fiscal year funds used to
6pay for services provided in any prior fiscal year. This report
7shall document by program or service category those
8expenditures from the most recently completed fiscal year used
9to pay for services provided in prior fiscal years.
10 (e) The Department of Healthcare and Family Services, the
11Department of Human Services (acting as successor to the
12Department of Public Aid), and the Department of Human Services
13making fee-for-service payments relating to substance abuse
14treatment services provided during a previous fiscal year shall
15each annually submit to the State Comptroller, Senate
16President, Senate Minority Leader, Speaker of the House, House
17Minority Leader, the respective Chairmen and Minority
18Spokesmen of the Appropriations Committees of the Senate and
19the House, on or before November 30, a report that shall
20document by program or service category those expenditures from
21the most recently completed fiscal year used to pay for (i)
22services provided in prior fiscal years and (ii) services for
23which claims were received in prior fiscal years.
24 (f) The Department of Human Services (as successor to the
25Department of Public Aid) shall annually submit to the State
26Comptroller, Senate President, Senate Minority Leader, Speaker

HB3342 Enrolled- 285 -LRB100 08528 SMS 18653 b
1of the House, House Minority Leader, and the respective
2Chairmen and Minority Spokesmen of the Appropriations
3Committees of the Senate and the House, on or before December
431, a report of fiscal year funds used to pay for services
5(other than medical care) provided in any prior fiscal year.
6This report shall document by program or service category those
7expenditures from the most recently completed fiscal year used
8to pay for services provided in prior fiscal years.
9 (g) In addition, each annual report required to be
10submitted by the Department of Healthcare and Family Services
11under subsection (e) shall include the following information
12with respect to the State's Medicaid program:
13 (1) Explanations of the exact causes of the variance
14 between the previous year's estimated and actual
15 liabilities.
16 (2) Factors affecting the Department of Healthcare and
17 Family Services' liabilities, including but not limited to
18 numbers of aid recipients, levels of medical service
19 utilization by aid recipients, and inflation in the cost of
20 medical services.
21 (3) The results of the Department's efforts to combat
22 fraud and abuse.
23 (h) As provided in Section 4 of the General Assembly
24Compensation Act, any utility bill for service provided to a
25General Assembly member's district office for a period
26including portions of 2 consecutive fiscal years may be paid

HB3342 Enrolled- 286 -LRB100 08528 SMS 18653 b
1from funds appropriated for such expenditure in either fiscal
2year.
3 (i) An agency which administers a fund classified by the
4Comptroller as an internal service fund may issue rules for:
5 (1) billing user agencies in advance for payments or
6 authorized inter-fund transfers based on estimated charges
7 for goods or services;
8 (2) issuing credits, refunding through inter-fund
9 transfers, or reducing future inter-fund transfers during
10 the subsequent fiscal year for all user agency payments or
11 authorized inter-fund transfers received during the prior
12 fiscal year which were in excess of the final amounts owed
13 by the user agency for that period; and
14 (3) issuing catch-up billings to user agencies during
15 the subsequent fiscal year for amounts remaining due when
16 payments or authorized inter-fund transfers received from
17 the user agency during the prior fiscal year were less than
18 the total amount owed for that period.
19User agencies are authorized to reimburse internal service
20funds for catch-up billings by vouchers drawn against their
21respective appropriations for the fiscal year in which the
22catch-up billing was issued or by increasing an authorized
23inter-fund transfer during the current fiscal year. For the
24purposes of this Act, "inter-fund transfers" means transfers
25without the use of the voucher-warrant process, as authorized
26by Section 9.01 of the State Comptroller Act.

HB3342 Enrolled- 287 -LRB100 08528 SMS 18653 b
1 (i-1) Beginning on July 1, 2021, all outstanding
2liabilities, not payable during the 4-month lapse period as
3described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and
4(c) of this Section, that are made from appropriations for that
5purpose for any fiscal year, without regard to the fact that
6the services being compensated for by those payments may have
7been rendered in a prior fiscal year, are limited to only those
8claims that have been incurred but for which a proper bill or
9invoice as defined by the State Prompt Payment Act has not been
10received by September 30th following the end of the fiscal year
11in which the service was rendered.
12 (j) Notwithstanding any other provision of this Act, the
13aggregate amount of payments to be made without regard for
14fiscal year limitations as contained in subsections (b-1),
15(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
16determined by using Generally Accepted Accounting Principles,
17shall not exceed the following amounts:
18 (1) $6,000,000,000 for outstanding liabilities related
19 to fiscal year 2012;
20 (2) $5,300,000,000 for outstanding liabilities related
21 to fiscal year 2013;
22 (3) $4,600,000,000 for outstanding liabilities related
23 to fiscal year 2014;
24 (4) $4,000,000,000 for outstanding liabilities related
25 to fiscal year 2015;
26 (5) $3,300,000,000 for outstanding liabilities related

HB3342 Enrolled- 288 -LRB100 08528 SMS 18653 b
1 to fiscal year 2016;
2 (6) $2,600,000,000 for outstanding liabilities related
3 to fiscal year 2017;
4 (7) $2,000,000,000 for outstanding liabilities related
5 to fiscal year 2018;
6 (8) $1,300,000,000 for outstanding liabilities related
7 to fiscal year 2019;
8 (9) $600,000,000 for outstanding liabilities related
9 to fiscal year 2020; and
10 (10) $0 for outstanding liabilities related to fiscal
11 year 2021 and fiscal years thereafter.
12 (k) Department of Healthcare and Family Services Medical
13Assistance Payments.
14 (1) Definition of Medical Assistance.
15 For purposes of this subsection, the term "Medical
16 Assistance" shall include, but not necessarily be
17 limited to, medical programs and services authorized
18 under Titles XIX and XXI of the Social Security Act,
19 the Illinois Public Aid Code, the Children's Health
20 Insurance Program Act, the Covering ALL KIDS Health
21 Insurance Act, the Long Term Acute Care Hospital
22 Quality Improvement Transfer Program Act, and medical
23 care to or on behalf of persons suffering from chronic
24 renal disease, persons suffering from hemophilia, and
25 victims of sexual assault.
26 (2) Limitations on Medical Assistance payments that

HB3342 Enrolled- 289 -LRB100 08528 SMS 18653 b
1 may be paid from future fiscal year appropriations.
2 (A) The maximum amounts of annual unpaid Medical
3 Assistance bills received and recorded by the
4 Department of Healthcare and Family Services on or
5 before June 30th of a particular fiscal year
6 attributable in aggregate to the General Revenue Fund,
7 Healthcare Provider Relief Fund, Tobacco Settlement
8 Recovery Fund, Long-Term Care Provider Fund, and the
9 Drug Rebate Fund that may be paid in total by the
10 Department from future fiscal year Medical Assistance
11 appropriations to those funds are: $700,000,000 for
12 fiscal year 2013 and $100,000,000 for fiscal year 2014
13 and each fiscal year thereafter.
14 (B) Bills for Medical Assistance services rendered
15 in a particular fiscal year, but received and recorded
16 by the Department of Healthcare and Family Services
17 after June 30th of that fiscal year, may be paid from
18 either appropriations for that fiscal year or future
19 fiscal year appropriations for Medical Assistance.
20 Such payments shall not be subject to the requirements
21 of subparagraph (A).
22 (C) Medical Assistance bills received by the
23 Department of Healthcare and Family Services in a
24 particular fiscal year, but subject to payment amount
25 adjustments in a future fiscal year may be paid from a
26 future fiscal year's appropriation for Medical

HB3342 Enrolled- 290 -LRB100 08528 SMS 18653 b
1 Assistance. Such payments shall not be subject to the
2 requirements of subparagraph (A).
3 (D) Medical Assistance payments made by the
4 Department of Healthcare and Family Services from
5 funds other than those specifically referenced in
6 subparagraph (A) may be made from appropriations for
7 those purposes for any fiscal year without regard to
8 the fact that the Medical Assistance services being
9 compensated for by such payment may have been rendered
10 in a prior fiscal year. Such payments shall not be
11 subject to the requirements of subparagraph (A).
12 (3) Extended lapse period for Department of Healthcare
13 and Family Services Medical Assistance payments.
14 Notwithstanding any other State law to the contrary,
15 outstanding Department of Healthcare and Family Services
16 Medical Assistance liabilities, as of June 30th, payable
17 from appropriations which have otherwise expired, may be
18 paid out of the expiring appropriations during the 6-month
19 period ending at the close of business on December 31st.
20 (l) The changes to this Section made by Public Act 97-691
21shall be effective for payment of Medical Assistance bills
22incurred in fiscal year 2013 and future fiscal years. The
23changes to this Section made by Public Act 97-691 shall not be
24applied to Medical Assistance bills incurred in fiscal year
252012 or prior fiscal years.
26 (m) The Comptroller must issue payments against

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1outstanding liabilities that were received prior to the lapse
2period deadlines set forth in this Section as soon thereafter
3as practical, but no payment may be issued after the 4 months
4following the lapse period deadline without the signed
5authorization of the Comptroller and the Governor.
6(Source: P.A. 100-23, eff. 7-6-17.)
7
ARTICLE 30. FACILITY PAYMENT
8 Section 30-5. The Specialized Mental Health Rehabilitation
9Act of 2013 is amended by adding Sections 5-104 and 5-105 as
10follows:
11 (210 ILCS 49/5-104 new)
12 Sec. 5-104. Medicaid rates. Notwithstanding any provision
13of law to the contrary, the Medicaid rates for Specialized
14Mental Health Rehabilitation Facilities effective on July 1,
152018 must be equal to the rates in effect for Specialized
16Mental Health Rehabilitation Facilities on June 30, 2018,
17increased by 4%. The Department shall adopt rules, including
18emergency rules under subsection (bb) of Section 5-45 of the
19Illinois Administrative Procedure Act, to implement the
20provisions of this Section.
21 (210 ILCS 49/5-105 new)
22 Sec. 5-105. Therapeutic visit rates. For a facility

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1licensed under this Act on or before June 1, 2018 or
2provisionally licensed under this Act on or before June 1,
32018, a payment shall be made for therapeutic visits that have
4been indicated by an interdisciplinary team as therapeutically
5beneficial. Payment under this Section shall be at a rate of
675% of the facility's rate on the effective date of this
7amendatory Act of the 100th General Assembly and may not exceed
820 days in a fiscal year and shall not exceed 10 days
9consecutively.
10
ARTICLE 35. SECRETARY OF STATE
11 Section 35-5. The State Finance Act is amended by changing
12Section 6z-70 as follows:
13 (30 ILCS 105/6z-70)
14 Sec. 6z-70. The Secretary of State Identification Security
15and Theft Prevention Fund.
16 (a) The Secretary of State Identification Security and
17Theft Prevention Fund is created as a special fund in the State
18treasury. The Fund shall consist of any fund transfers, grants,
19fees, or moneys from other sources received for the purpose of
20funding identification security and theft prevention measures.
21 (b) All moneys in the Secretary of State Identification
22Security and Theft Prevention Fund shall be used, subject to
23appropriation, for any costs related to implementing

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1identification security and theft prevention measures.
2 (c) (Blank). Notwithstanding any other provision of State
3law to the contrary, on or after July 1, 2007, and until June
430, 2008, in addition to any other transfers that may be
5provided for by law, at the direction of and upon notification
6of the Secretary of State, the State Comptroller shall direct
7and the State Treasurer shall transfer amounts into the
8Secretary of State Identification Security and Theft
9Prevention Fund from the designated funds not exceeding the
10following totals:
11 Lobbyist Registration Administration Fund........$100,000
12 Registered Limited Liability Partnership Fund.....$75,000
13 Securities Investors Education Fund..............$500,000
14 Securities Audit and Enforcement Fund..........$5,725,000
15 Department of Business Services
16 Special Operations Fund........................$3,000,000
17 Corporate Franchise Tax Refund Fund...........$3,000,000.
18 (d) (Blank). Notwithstanding any other provision of State
19law to the contrary, on or after July 1, 2008, and until June
2030, 2009, in addition to any other transfers that may be
21provided for by law, at the direction of and upon notification
22of the Secretary of State, the State Comptroller shall direct
23and the State Treasurer shall transfer amounts into the
24Secretary of State Identification Security and Theft
25Prevention Fund from the designated funds not exceeding the
26following totals:

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1 Lobbyist Registration Administration Fund........$100,000
2 Registered Limited Liability Partnership Fund.....$75,000
3 Securities Investors Education Fund..............$500,000
4 Securities Audit and Enforcement Fund..........$5,725,000
5 Department of Business Services
6 Special Operations Fund...................$3,000,000
7 Corporate Franchise Tax Refund Fund............$3,000,000
8 State Parking Facility Maintenance Fund..........$100,000
9 (e) (Blank). Notwithstanding any other provision of State
10law to the contrary, on or after July 1, 2009, and until June
1130, 2010, in addition to any other transfers that may be
12provided for by law, at the direction of and upon notification
13of the Secretary of State, the State Comptroller shall direct
14and the State Treasurer shall transfer amounts into the
15Secretary of State Identification Security and Theft
16Prevention Fund from the designated funds not exceeding the
17following totals:
18 Lobbyist Registration Administration Fund........$100,000
19 Registered Limited Liability Partnership Fund....$175,000
20 Securities Investors Education Fund..............$750,000
21 Securities Audit and Enforcement Fund............$750,000
22 Department of Business Services
23 Special Operations Fund....................$3,000,000
24 Corporate Franchise Tax Refund Fund............$3,000,000
25 State Parking Facility Maintenance Fund..........$100,000
26 (f) (Blank). Notwithstanding any other provision of State

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1law to the contrary, on or after July 1, 2010, and until June
230, 2011, in addition to any other transfers that may be
3provided for by law, at the direction of and upon notification
4of the Secretary of State, the State Comptroller shall direct
5and the State Treasurer shall transfer amounts into the
6Secretary of State Identification Security and Theft
7Prevention Fund from the designated funds not exceeding the
8following totals:
9 Registered Limited Liability Partnership Fund....$287,000
10 Securities Investors Education Board.............$750,000
11 Securities Audit and Enforcement Fund............$750,000
12 Department of Business Services Special
13 Operations Fund............................$3,000,000
14 Corporate Franchise Tax Refund Fund............$3,000,000
15 (g) (Blank). Notwithstanding any other provision of State
16law to the contrary, on or after July 1, 2011, and until June
1730, 2012, in addition to any other transfers that may be
18provided for by law, at the direction of and upon notification
19of the Secretary of State, the State Comptroller shall direct
20and the State Treasurer shall transfer amounts into the
21Secretary of State Identification Security and Theft
22Prevention Fund from the designated funds not exceeding the
23following totals:
24 Division of Corporations Registered
25 Limited Liability Partnership Fund...........$287,000
26 Securities Investors Education Fund..............$750,000

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1 Securities Audit and Enforcement Fund..........$3,500,000
2 Department of Business Services
3 Special Operations Fund....................$3,000,000
4 Corporate Franchise Tax Refund Fund............$3,000,000
5 (h) (Blank). Notwithstanding any other provision of State
6law to the contrary, on or after the effective date of this
7amendatory Act of the 98th General Assembly, and until June 30,
82014, in addition to any other transfers that may be provided
9for by law, at the direction of and upon notification from the
10Secretary of State, the State Comptroller shall direct and the
11State Treasurer shall transfer amounts into the Secretary of
12State Identification Security and Theft Prevention Fund from
13the designated funds not exceeding the following totals:
14 Division of Corporations Registered Limited
15 Liability Partnership Fund...................$287,000
16 Securities Investors Education Fund............$1,500,000
17 Department of Business Services Special
18 Operations Fund............................$3,000,000
19 Securities Audit and Enforcement Fund..........$3,500,000
20 Corporate Franchise Tax Refund Fund............$3,000,000
21 (i) (Blank). Notwithstanding any other provision of State
22law to the contrary, on or after the effective date of this
23amendatory Act of the 98th General Assembly, and until June 30,
242015, in addition to any other transfers that may be provided
25for by law, at the direction of and upon notification of the
26Secretary of State, the State Comptroller shall direct and the

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1State Treasurer shall transfer amounts into the Secretary of
2State Identification Security and Theft Prevention Fund from
3the designated funds not exceeding the following totals:
4 Division of Corporations Registered Limited
5 Liability Partnership Fund...................$287,000
6 Securities Investors Education Fund............$1,500,000
7 Department of Business Services
8 Special Operations Fund....................$3,000,000
9 Securities Audit and Enforcement Fund..........$3,500,000
10 Corporate Franchise Tax Refund Fund............$3,000,000
11 (j) Notwithstanding any other provision of State law to the
12contrary, on or after July 1, 2017, and until June 30, 2018, in
13addition to any other transfers that may be provided for by
14law, at the direction of and upon notification of the Secretary
15of State, the State Comptroller shall direct and the State
16Treasurer shall transfer amounts into the Secretary of State
17Identification Security and Theft Prevention Fund from the
18designated funds not exceeding the following totals:
19 Registered Limited Liability Partnership Fund....$287,000
20 Securities Investors Education Fund............$1,500,000
21 Department of Business Services Special
22 Operations Fund............................$3,000,000
23 Securities Audit and Enforcement Fund..........$3,500,000
24 Corporate Franchise Tax Refund Fund...........$3,000,000
25 (k) Notwithstanding any other provision of State law to the
26contrary, on or after July 1, 2018, and until June 30, 2019, in

HB3342 Enrolled- 298 -LRB100 08528 SMS 18653 b
1addition to any other transfers that may be provided for by
2law, at the direction of and upon notification of the Secretary
3of State, the State Comptroller shall direct and the State
4Treasurer shall transfer amounts into the Secretary of State
5Identification Security and Theft Prevention Fund from the
6designated funds not exceeding the following totals:
7 Registered Limited Liability Partnership Fund....$287,000
8 Securities Investors Education Fund............$1,500,000
9 Department of Business Services Special Operations Fund
10.. $3,000,000
11 Securities Audit and Enforcement Fund..........$3,500,000
12(Source: P.A. 100-23, eff. 7-6-17.)
13
ARTICLE 45. HIGHER EDUCATION
14 Section 45-1. Legislative intent. It is the intent of this
15Article to increase enrollment at public 4-year universities in
16this State by providing those universities with the option for
17additional funding through a new, merit-based and means-tested
18matching scholarship for Illinois students. It is also the
19intent of this Article that any public university participating
20in this program should, in its best efforts, attempt to
21delegate scholarship funds among a racially diverse range of
22students and not use a student's race, color, religion, sex
23(including gender identity, sexual orientation, or pregnancy),
24national origin, age, disability, or genetic information to

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1disqualify him or her from receiving funds under the program.
2 Section 45-5. The Higher Education Student Assistance Act
3is amended by changing Section 10 and adding Section 65.100 as
4follows:
5 (110 ILCS 947/10)
6 Sec. 10. Definitions. In this Act, and except to the extent
7that any of the following words or phrases is specifically
8qualified by its context:
9 "Commission" means the Illinois Student Assistance
10Commission created by this Act.
11 "Enrollment" means the establishment and maintenance of an
12individual's status as a student in an institution of higher
13learning, regardless of the terms used at the institution to
14describe that status.
15 "Approved high school" means any public high school located
16in this State; and any high school, located in this State or
17elsewhere (whether designated as a high school, secondary
18school, academy, preparatory school, or otherwise) which in the
19judgment of the State Superintendent of Education provides a
20course of instruction at the secondary level and maintains
21standards of instruction substantially equivalent to those of
22the public high schools located in this State.
23 "Institution of higher learning", "qualified institution",
24or "institution" means an educational organization located in

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1this State which
2 (1) provides at least an organized 2 year program of
3 collegiate grade in the liberal arts or sciences, or both,
4 directly applicable toward the attainment of a
5 baccalaureate degree or a program in health education
6 directly applicable toward the attainment of a
7 certificate, diploma, or an associate degree;
8 (2) either is
9 (A) operated by this State, or
10 (B) operated publicly or privately, not for
11 profit, or
12 (C) operated for profit, provided such for profit
13 organization
14 (i) offers degree programs which have been
15 approved by the Board of Higher Education for a
16 minimum of 3 years under the Academic Degree Act,
17 and
18 (ii) enrolls a majority of its students in such
19 degree programs, and
20 (iii) maintains an accredited status with the
21 Commission on Institutions of Higher Education of
22 the North Central Association of Colleges and
23 Schools;
24 (3) in the judgment of the Commission meets standards
25 substantially equivalent to those of comparable
26 institutions operated by this State; and

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1 (4) if so required by the Commission, uses the State as
2 its primary guarantor of student loans made under the
3 federal Higher Education Act of 1965.
4For otherwise eligible educational organizations which provide
5academic programs for incarcerated students, the terms
6"institution of higher learning", "qualified institutions",
7and "institution" shall specifically exclude academic programs
8for incarcerated students.
9 "Academic Year" means a 12 month period of time, normally
10but not exclusively, from September 1 of any year through
11August 31 of the ensuing year.
12 "Full-time student" means any undergraduate student
13enrolled in 12 or more semester or quarter hours of credit
14courses in any given semester or quarter or in the equivalent
15number of units of registration as determined by the
16Commission.
17 "Part-time student" means any undergraduate student, other
18than a full-time student, enrolled in 6 or more semester or
19quarter hours of credit courses in any given semester or
20quarter or in the equivalent number of units of registration as
21determined by the Commission. Beginning with fiscal year 1999,
22the Commission may, on a program by program basis, expand this
23definition of "part-time student" to include students who
24enroll in less than 6 semester or quarter hours of credit
25courses in any given semester or quarter.
26 "Public university" means any public 4-year university in

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1this State.
2 "Public university campus" means any campus under the
3governance or supervision of a public university.
4(Source: P.A. 90-122, eff. 7-17-97; 91-250, eff. 7-22-99.)
5 (110 ILCS 947/65.100 new)
6 Sec. 65.100. AIM HIGH Grant Pilot Program.
7 (a) The General Assembly makes all of the following
8findings:
9 (1) Both access and affordability are important
10 aspects of the Illinois Public Agenda for College and
11 Career Success report.
12 (2) This State is in the top quartile with respect to
13 the percentage of family income needed to pay for college.
14 (3) Research suggests that as loan amounts increase,
15 rather than an increase in grant amounts, the probability
16 of college attendance decreases.
17 (4) There is further research indicating that
18 socioeconomic status may affect the willingness of
19 students to use loans to attend college.
20 (5) Strategic use of tuition discounting can decrease
21 the amount of loans that students must use to pay for
22 tuition.
23 (6) A modest, individually tailored tuition discount
24 can make the difference in a student choosing to attend
25 college and enhance college access for low-income and

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

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

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1 Student Aid and demonstrates financial need with a
2 household income no greater than 6 times the poverty
3 guidelines updated periodically in the Federal Register by
4 the U.S. Department of Health and Human Services under the
5 authority of 42 U.S.C. 9902(2).
6 (3) He or she meets the minimum cumulative grade point
7 average or ACT or SAT college admissions test score, as
8 determined by the public university campus.
9 (4) He or she is enrolled in a public university as an
10 undergraduate student on a full-time basis.
11 (5) He or she has not yet received a baccalaureate
12 degree or the equivalent of 135 semester credit hours.
13 (6) He or she is not incarcerated.
14 (7) He or she is not in default on any student loan or
15 does not owe a refund or repayment on any State or federal
16 grant or scholarship.
17 (8) Any other reasonable criteria, as determined by the
18 public university campus.
19 (d) Each public university campus shall determine grant
20renewal criteria consistent with the requirements under this
21Section.
22 (e) Each participating public university campus shall post
23on its Internet website criteria and eligibility requirements
24for receiving awards that use funds under this Section that
25include a range in the sizes of these individual awards. The
26criteria and amounts must also be reported to the Commission

HB3342 Enrolled- 306 -LRB100 08528 SMS 18653 b
1and the Board of Higher Education, who shall post the
2information on their respective Internet websites.
3 (f) After enactment of an appropriation for this Program,
4the Commission shall determine an allocation of funds to each
5public university in an amount proportionate to the number of
6undergraduate students who are residents of this State and
7citizens or eligible noncitizens of the United States and who
8were enrolled at each public university campus in the previous
9academic year. All applications must be made to the Commission
10on or before a date determined by the Commission and on forms
11that the Commission shall provide to each public university
12campus. The form of the application and the information
13required shall be determined by the Commission and shall
14include, without limitation, the total public university
15campus funds used to match funds received from the Commission
16in the previous academic year under this Section, if any, the
17total enrollment of undergraduate students who are residents of
18this State from the previous academic year, and any supporting
19documents as the Commission deems necessary. Each public
20university campus shall match the amount of funds received by
21the Commission with financial aid for eligible students.
22 A public university campus is not required to claim its
23entire allocation. The Commission shall make available to all
24public universities, on a date determined by the Commission,
25any unclaimed funds and the funds must be made available to
26those public university campuses in the proportion determined

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

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

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

HB3342 Enrolled- 310 -LRB100 08528 SMS 18653 b
1(iii) the Minority Leader of the House of Representatives, (iv)
2the President of the Senate, and (v) the Minority Leader of the
3Senate. The reports to the General Assembly shall be filed with
4the Clerk of the House of Representatives and the Secretary of
5the Senate in electronic form only, in the manner that the
6Clerk and the Secretary shall direct. The Commission's report
7may not disaggregate data to a level that may disclose
8personally identifying information of individual students.
9 The sharing and reporting of student data under this
10subsection (j) must be in accordance with the requirements
11under the federal Family Educational Rights and Privacy Act of
121974 and the Illinois School Student Records Act. All parties
13must preserve the confidentiality of the information as
14required by law. The names of the grant recipients under this
15Section are not subject to disclosure under the Freedom of
16Information Act.
17 Public university campuses that fail to submit a report
18under this subsection (j) or that fail to adhere to any other
19requirements under this Section may not be eligible for
20distribution of funds under the Program for the next academic
21year, but may be eligible for distribution of funds for each
22academic year thereafter.
23 (k) The Commission shall adopt rules to implement this
24Section.
25 (l) This Section is repealed on October 1, 2024.

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1
ARTICLE 50. ADDITIONAL AMENDATORY PROVISIONS
2 Section 50-5. The Illinois Promotion Act is amended by
3changing Section 4a as follows:
4 (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
5 Sec. 4a. Funds.
6 (1) All moneys deposited in the Tourism Promotion Fund
7pursuant to this subsection are allocated to the Department for
8utilization, as appropriated, in the performance of its powers
9under Section 4; except that during fiscal year 2013, the
10Department shall reserve $9,800,000 of the total funds
11available for appropriation in the Tourism Promotion Fund for
12appropriation to the Historic Preservation Agency for the
13operation of the Abraham Lincoln Presidential Library and
14Museum and State historic sites; and except that beginning in
15fiscal year 2019, moneys in the Tourism Promotion Fund may also
16be allocated to the Illinois Department of Agriculture, the
17Illinois Department of Natural Resources, and the Abraham
18Lincoln Presidential Library and Museum for utilization, as
19appropriated, to administer their responsibilities as State
20agencies promoting tourism in Illinois, and for
21tourism-related purposes.
22 As soon as possible after the first day of each month,
23beginning July 1, 1997 and ending on the effective date of this
24amendatory Act of the 100th General Assembly, upon

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

HB3342 Enrolled- 313 -LRB100 08528 SMS 18653 b
1taxpayers for overpayment of liability under that Act.
2 All monies deposited in the Tourism Promotion Fund under
3this subsection (2) shall be used solely as provided in this
4subsection to advertise and promote tourism throughout
5Illinois. Appropriations of monies deposited in the Tourism
6Promotion Fund pursuant to this subsection (2) shall be used
7solely for advertising to promote tourism, including but not
8limited to advertising production and direct advertisement
9costs, but shall not be used to employ any additional staff,
10finance any individual event, or lease, rent or purchase any
11physical facilities. The Department shall coordinate its
12advertising under this subsection (2) with other public and
13private entities in the State engaged in similar promotion
14activities. Print or electronic media production made pursuant
15to this subsection (2) for advertising promotion shall not
16contain or include the physical appearance of or reference to
17the name or position of any public officer. "Public officer"
18means a person who is elected to office pursuant to statute, or
19who is appointed to an office which is established, and the
20qualifications and duties of which are prescribed, by statute,
21to discharge a public duty for the State or any of its
22political subdivisions.
23 (3) Notwithstanding anything in this Section to the
24contrary, amounts transferred from the General Revenue Fund to
25the Tourism Promotion Fund pursuant to this Section shall not
26exceed $26,300,000 in State fiscal year 2012.

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1 (4) As soon as possible after the first day of each month,
2beginning July 1, 2017 and ending June 30, 2018, if the amount
3of revenue deposited into the Tourism Promotion Fund under
4subsection (c) of Section 6 of the Hotel Operators' Occupation
5Tax Act is less than 21% of the net revenue realized from the
6Hotel Operators' Occupation Tax during the preceding month,
7then, upon certification of the Department of Revenue, the
8State Comptroller shall direct and the State Treasurer shall
9transfer from the General Revenue Fund to the Tourism Promotion
10Fund an amount equal to the difference between 21% of the net
11revenue realized from the Hotel Operators' Occupation Tax
12during the preceding month and the amount of revenue deposited
13into the Tourism Promotion Fund under subsection (c) of Section
146 of the Hotel Operators' Occupation Tax Act.
15 (5) As soon as possible after the first day of each month,
16beginning July 1, 2018, if the amount of revenue deposited into
17the Tourism Promotion Fund under Section 6 of the Hotel
18Operators' Occupation Tax Act is less than 21% of the net
19revenue realized from the Hotel Operators' Occupation Tax
20during the preceding month, then, upon certification of the
21Department of Revenue, the State Comptroller shall direct and
22the State Treasurer shall transfer from the General Revenue
23Fund to the Tourism Promotion Fund an amount equal to the
24difference between 21% of the net revenue realized from the
25Hotel Operators' Occupation Tax during the preceding month and
26the amount of revenue deposited into the Tourism Promotion Fund

HB3342 Enrolled- 315 -LRB100 08528 SMS 18653 b
1under Section 6 of the Hotel Operators' Occupation Tax Act.
2(Source: P.A. 100-23, eff. 7-6-17.)
3 Section 50-10. The Mental Health and Developmental
4Disabilities Administrative Act is amended by changing Section
518.5 as follows:
6 (20 ILCS 1705/18.5)
7 Sec. 18.5. Community Developmental Disability Services
8Medicaid Trust Fund; reimbursement.
9 (a) The Community Developmental Disability Services
10Medicaid Trust Fund is hereby created in the State treasury.
11 (b) Beginning in State fiscal year 2019, Except as provided
12in subsection (b-5), any funds in any fiscal year in amounts
13not exceeding a total of $60,000,000 paid to the State by the
14federal government under Title XIX or Title XXI of the Social
15Security Act for services delivered by community developmental
16disability services providers for services relating to
17Developmental Training and Community Integrated Living
18Arrangements as a result of the conversion of such providers
19from a grant payment methodology to a fee-for-service payment
20methodology, or any other funds paid to the State for any
21subsequent revenue maximization initiatives performed by such
22providers, and any interest earned thereon, shall be deposited
23directly into the Community Developmental Disability Services
24Medicaid Trust Fund to pay for Medicaid-reimbursed community

HB3342 Enrolled- 316 -LRB100 08528 SMS 18653 b
1developmental disability services provided to eligible
2individuals.
3 (b-5) (Blank). Beginning in State fiscal year 2008, any
4funds paid to the State by the federal government under Title
5XIX or Title XXI of the Social Security Act for services
6delivered through the Children's Residential Waiver and the
7Children's In-Home Support Waiver shall be deposited directly
8into the Trust Fund and shall not be subject to the transfer
9provisions of subsection (b).
10 (b-7) The Community Developmental Disability Services
11Medicaid Trust Fund is not subject to administrative
12charge-backs.
13 (b-9) (Blank). The Department of Human Services shall
14annually report to the Governor and the General Assembly, by
15September 1, on both the total revenue deposited into the Trust
16Fund and the total expenditures made from the Trust Fund for
17the previous fiscal year. This report shall include detailed
18descriptions of both revenues and expenditures regarding the
19Trust Fund from the previous fiscal year. This report shall be
20presented by the Secretary of Human Services to the appropriate
21Appropriations Committee in the House of Representatives, as
22determined by the Speaker of the House, and in the Senate, as
23determined by the President of the Senate. This report shall be
24made available to the public and shall be published on the
25Department of Human Services' website in an appropriate
26location, a minimum of one week prior to presentation of the

HB3342 Enrolled- 317 -LRB100 08528 SMS 18653 b
1report to the General Assembly.
2 (b-10) Whenever a State developmental disabilities
3facility operated by the Department is closed and the real
4estate on which the facility is located is sold by the State,
5the net proceeds of the sale of the real estate shall be
6deposited into the Community Developmental Disability Services
7Medicaid Trust Fund and used for the purposes enumerated in
8subsections (c) and (d) of Section 4.6 of the Community
9Services Act; however, under subsection (e) of Section 4.6 of
10the Community Services Act, the Department may set aside a
11portion of the net proceeds of the sale of the real estate for
12deposit into the Human Services Priority Capital Program Fund.
13The portion set aside shall be used for the purposes enumerated
14in Section 6z-71 of the State Finance Act.
15 (c) For purposes of this Section:
16 "Trust Fund" means the Community Developmental Disability
17Services Medicaid Trust Fund.
18 "Medicaid-reimbursed developmental disability services"
19means services provided by a community developmental
20disability provider under an agreement with the Department that
21is eligible for reimbursement under the federal Title XIX
22program or Title XXI program.
23 "Provider" means a qualified entity as defined in the
24State's Home and Community-Based Services Waiver for Persons
25with Developmental Disabilities that is funded by the
26Department to provide a Medicaid-reimbursed service.

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1 "Revenue maximization alternatives" do not include
2increases in funds paid to the State as a result of growth in
3spending through service expansion or rate increases.
4(Source: P.A. 98-815, eff. 8-1-14.)
5 Section 50-15. The Rehabilitation of Persons with
6Disabilities Act is amended by changing Section 5b as follows:
7 (20 ILCS 2405/5b)
8 Sec. 5b. Home Services Medicaid Trust Fund.
9 (a) The Home Services Medicaid Trust Fund is hereby created
10as a special fund in the State treasury.
11 (b) Amounts paid to the State during each State fiscal year
12by the federal government under Title XIX or Title XXI of the
13Social Security Act for services delivered in relation to the
14Department's Home Services Program established pursuant to
15Section 3 of this Act, beginning in State fiscal year 2019 in
16amounts not exceeding a total of $234,000,000 in any State
17fiscal year, and any interest earned thereon, shall be
18deposited into the Fund.
19 (c) Moneys in the Fund may be used by the Department for
20the purchase of services, and operational and administrative
21expenses, in relation to the Home Services Program.
22(Source: P.A. 98-1004, eff. 8-18-14; 99-143, eff. 7-27-15.)
23 Section 50-20. The Illinois Emergency Management Agency

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1Act is amended by changing Sections 4 and 5 as follows:
2 (20 ILCS 3305/4) (from Ch. 127, par. 1054)
3 Sec. 4. Definitions. As used in this Act, unless the
4context clearly indicates otherwise, the following words and
5terms have the meanings ascribed to them in this Section:
6 "Coordinator" means the staff assistant to the principal
7executive officer of a political subdivision with the duty of
8coordinating the emergency management programs of that
9political subdivision.
10 "Disaster" means an occurrence or threat of widespread or
11severe damage, injury or loss of life or property resulting
12from any natural or technological cause, including but not
13limited to fire, flood, earthquake, wind, storm, hazardous
14materials spill or other water contamination requiring
15emergency action to avert danger or damage, epidemic, air
16contamination, blight, extended periods of severe and
17inclement weather, drought, infestation, critical shortages of
18essential fuels and energy, explosion, riot, hostile military
19or paramilitary action, public health emergencies, or acts of
20domestic terrorism.
21 "Emergency Management" means the efforts of the State and
22the political subdivisions to develop, plan, analyze, conduct,
23provide, implement and maintain programs for disaster
24mitigation, preparedness, response and recovery.
25 "Emergency Services and Disaster Agency" means the agency

HB3342 Enrolled- 320 -LRB100 08528 SMS 18653 b
1by this name, by the name Emergency Management Agency, or by
2any other name that is established by ordinance within a
3political subdivision to coordinate the emergency management
4program within that political subdivision and with private
5organizations, other political subdivisions, the State and
6federal governments.
7 "Emergency Operations Plan" means the written plan of the
8State and political subdivisions describing the organization,
9mission, and functions of the government and supporting
10services for responding to and recovering from disasters and
11shall include plans that take into account the needs of those
12individuals with household pets and service animals following a
13major disaster or emergency.
14 "Emergency Services" means the coordination of functions
15by the State and its political subdivision, other than
16functions for which military forces are primarily responsible,
17as may be necessary or proper to prevent, minimize, repair, and
18alleviate injury and damage resulting from any natural or
19technological causes. These functions include, without
20limitation, fire fighting services, police services, emergency
21aviation services, medical and health services, HazMat and
22technical rescue teams, rescue, engineering, warning services,
23communications, radiological, chemical and other special
24weapons defense, evacuation of persons from stricken or
25threatened areas, emergency assigned functions of plant
26protection, temporary restoration of public utility services

HB3342 Enrolled- 321 -LRB100 08528 SMS 18653 b
1and other functions related to civilian protection, together
2with all other activities necessary or incidental to protecting
3life or property.
4 "Exercise" means a planned event realistically simulating
5a disaster, conducted for the purpose of evaluating the
6political subdivision's coordinated emergency management
7capabilities, including, but not limited to, testing the
8emergency operations plan.
9 "HazMat team" means a career or volunteer mobile support
10team that has been authorized by a unit of local government to
11respond to hazardous materials emergencies and that is
12primarily designed for emergency response to chemical or
13biological terrorism, radiological emergencies, hazardous
14material spills, releases, or fires, or other contamination
15events.
16 "Illinois Emergency Management Agency" means the agency
17established by this Act within the executive branch of State
18Government responsible for coordination of the overall
19emergency management program of the State and with private
20organizations, political subdivisions, and the federal
21government. Illinois Emergency Management Agency also means
22the State Emergency Response Commission responsible for the
23implementation of Title III of the Superfund Amendments and
24Reauthorization Act of 1986.
25 "Mobile Support Team" means a group of individuals
26designated as a team by the Governor or Director to train prior

HB3342 Enrolled- 322 -LRB100 08528 SMS 18653 b
1to and to be dispatched, if the Governor or the Director so
2determines, to aid and reinforce the State and political
3subdivision emergency management efforts in response to a
4disaster.
5 "Municipality" means any city, village, and incorporated
6town.
7 "Political Subdivision" means any county, city, village,
8or incorporated town or township if the township is in a county
9having a population of more than 2,000,000.
10 "Principal Executive Officer" means chair of the county
11board, supervisor of a township if the township is in a county
12having a population of more than 2,000,000, mayor of a city or
13incorporated town, president of a village, or in their absence
14or disability, the interim successor as established under
15Section 7 of the Emergency Interim Executive Succession Act.
16 "Public health emergency" means an occurrence or imminent
17threat of an illness or health condition that:
18 (a) is believed to be caused by any of the following:
19 (i) bioterrorism;
20 (ii) the appearance of a novel or previously
21 controlled or eradicated infectious agent or
22 biological toxin;
23 (iii) a natural disaster;
24 (iv) a chemical attack or accidental release; or
25 (v) a nuclear attack or accident; and
26 (b) poses a high probability of any of the following

HB3342 Enrolled- 323 -LRB100 08528 SMS 18653 b
1 harms:
2 (i) a large number of deaths in the affected
3 population;
4 (ii) a large number of serious or long-term
5 disabilities in the affected population; or
6 (iii) widespread exposure to an infectious or
7 toxic agent that poses a significant risk of
8 substantial future harm to a large number of people in
9 the affected population.
10 "Statewide mutual aid organization" means an entity with
11local government members throughout the State that facilitates
12temporary assistance through its members in a particular public
13safety discipline, such as police, fire or emergency
14management, when an occurrence exceeds a member jurisdiction's
15capabilities.
16 "Technical rescue team" means a career or volunteer mobile
17support team that has been authorized by a unit of local
18government to respond to building collapse, high angle rescue,
19and other specialized rescue emergencies and that is primarily
20designated for emergency response to technical rescue events.
21(Source: P.A. 93-249, eff. 7-22-03; 94-334, eff. 1-1-06;
2294-1081, eff. 6-1-07.)
23 (20 ILCS 3305/5) (from Ch. 127, par. 1055)
24 Sec. 5. Illinois Emergency Management Agency.
25 (a) There is created within the executive branch of the

HB3342 Enrolled- 324 -LRB100 08528 SMS 18653 b
1State Government an Illinois Emergency Management Agency and a
2Director of the Illinois Emergency Management Agency, herein
3called the "Director" who shall be the head thereof. The
4Director shall be appointed by the Governor, with the advice
5and consent of the Senate, and shall serve for a term of 2
6years beginning on the third Monday in January of the
7odd-numbered year, and until a successor is appointed and has
8qualified; except that the term of the first Director appointed
9under this Act shall expire on the third Monday in January,
101989. The Director shall not hold any other remunerative public
11office. The Director shall receive an annual salary as set by
12the Compensation Review Board.
13 (b) The Illinois Emergency Management Agency shall obtain,
14under the provisions of the Personnel Code, technical,
15clerical, stenographic and other administrative personnel, and
16may make expenditures within the appropriation therefor as may
17be necessary to carry out the purpose of this Act. The agency
18created by this Act is intended to be a successor to the agency
19created under the Illinois Emergency Services and Disaster
20Agency Act of 1975 and the personnel, equipment, records, and
21appropriations of that agency are transferred to the successor
22agency as of the effective date of this Act.
23 (c) The Director, subject to the direction and control of
24the Governor, shall be the executive head of the Illinois
25Emergency Management Agency and the State Emergency Response
26Commission and shall be responsible under the direction of the

HB3342 Enrolled- 325 -LRB100 08528 SMS 18653 b
1Governor, for carrying out the program for emergency management
2of this State. The Director shall also maintain liaison and
3cooperate with the emergency management organizations of this
4State and other states and of the federal government.
5 (d) The Illinois Emergency Management Agency shall take an
6integral part in the development and revision of political
7subdivision emergency operations plans prepared under
8paragraph (f) of Section 10. To this end it shall employ or
9otherwise secure the services of professional and technical
10personnel capable of providing expert assistance to the
11emergency services and disaster agencies. These personnel
12shall consult with emergency services and disaster agencies on
13a regular basis and shall make field examinations of the areas,
14circumstances, and conditions that particular political
15subdivision emergency operations plans are intended to apply.
16 (e) The Illinois Emergency Management Agency and political
17subdivisions shall be encouraged to form an emergency
18management advisory committee composed of private and public
19personnel representing the emergency management phases of
20mitigation, preparedness, response, and recovery. The Local
21Emergency Planning Committee, as created under the Illinois
22Emergency Planning and Community Right to Know Act, shall serve
23as an advisory committee to the emergency services and disaster
24agency or agencies serving within the boundaries of that Local
25Emergency Planning Committee planning district for:
26 (1) the development of emergency operations plan

HB3342 Enrolled- 326 -LRB100 08528 SMS 18653 b
1 provisions for hazardous chemical emergencies; and
2 (2) the assessment of emergency response capabilities
3 related to hazardous chemical emergencies.
4 (f) The Illinois Emergency Management Agency shall:
5 (1) Coordinate the overall emergency management
6 program of the State.
7 (2) Cooperate with local governments, the federal
8 government and any public or private agency or entity in
9 achieving any purpose of this Act and in implementing
10 emergency management programs for mitigation,
11 preparedness, response, and recovery.
12 (2.5) Develop a comprehensive emergency preparedness
13 and response plan for any nuclear accident in accordance
14 with Section 65 of the Department of Nuclear Safety Law of
15 2004 (20 ILCS 3310) and in development of the Illinois
16 Nuclear Safety Preparedness program in accordance with
17 Section 8 of the Illinois Nuclear Safety Preparedness Act.
18 (2.6) Coordinate with the Department of Public Health
19 with respect to planning for and responding to public
20 health emergencies.
21 (3) Prepare, for issuance by the Governor, executive
22 orders, proclamations, and regulations as necessary or
23 appropriate in coping with disasters.
24 (4) Promulgate rules and requirements for political
25 subdivision emergency operations plans that are not
26 inconsistent with and are at least as stringent as

HB3342 Enrolled- 327 -LRB100 08528 SMS 18653 b
1 applicable federal laws and regulations.
2 (5) Review and approve, in accordance with Illinois
3 Emergency Management Agency rules, emergency operations
4 plans for those political subdivisions required to have an
5 emergency services and disaster agency pursuant to this
6 Act.
7 (5.5) Promulgate rules and requirements for the
8 political subdivision emergency management exercises,
9 including, but not limited to, exercises of the emergency
10 operations plans.
11 (5.10) Review, evaluate, and approve, in accordance
12 with Illinois Emergency Management Agency rules, political
13 subdivision emergency management exercises for those
14 political subdivisions required to have an emergency
15 services and disaster agency pursuant to this Act.
16 (6) Determine requirements of the State and its
17 political subdivisions for food, clothing, and other
18 necessities in event of a disaster.
19 (7) Establish a register of persons with types of
20 emergency management training and skills in mitigation,
21 preparedness, response, and recovery.
22 (8) Establish a register of government and private
23 response resources available for use in a disaster.
24 (9) Expand the Earthquake Awareness Program and its
25 efforts to distribute earthquake preparedness materials to
26 schools, political subdivisions, community groups, civic

HB3342 Enrolled- 328 -LRB100 08528 SMS 18653 b
1 organizations, and the media. Emphasis will be placed on
2 those areas of the State most at risk from an earthquake.
3 Maintain the list of all school districts, hospitals,
4 airports, power plants, including nuclear power plants,
5 lakes, dams, emergency response facilities of all types,
6 and all other major public or private structures which are
7 at the greatest risk of damage from earthquakes under
8 circumstances where the damage would cause subsequent harm
9 to the surrounding communities and residents.
10 (10) Disseminate all information, completely and
11 without delay, on water levels for rivers and streams and
12 any other data pertaining to potential flooding supplied by
13 the Division of Water Resources within the Department of
14 Natural Resources to all political subdivisions to the
15 maximum extent possible.
16 (11) Develop agreements, if feasible, with medical
17 supply and equipment firms to supply resources as are
18 necessary to respond to an earthquake or any other disaster
19 as defined in this Act. These resources will be made
20 available upon notifying the vendor of the disaster.
21 Payment for the resources will be in accordance with
22 Section 7 of this Act. The Illinois Department of Public
23 Health shall determine which resources will be required and
24 requested.
25 (11.5) In coordination with the Department of State
26 Police, develop and implement a community outreach program

HB3342 Enrolled- 329 -LRB100 08528 SMS 18653 b
1 to promote awareness among the State's parents and children
2 of child abduction prevention and response.
3 (12) Out of funds appropriated for these purposes,
4 award capital and non-capital grants to Illinois hospitals
5 or health care facilities located outside of a city with a
6 population in excess of 1,000,000 to be used for purposes
7 that include, but are not limited to, preparing to respond
8 to mass casualties and disasters, maintaining and
9 improving patient safety and quality of care, and
10 protecting the confidentiality of patient information. No
11 single grant for a capital expenditure shall exceed
12 $300,000. No single grant for a non-capital expenditure
13 shall exceed $100,000. In awarding such grants, preference
14 shall be given to hospitals that serve a significant number
15 of Medicaid recipients, but do not qualify for
16 disproportionate share hospital adjustment payments under
17 the Illinois Public Aid Code. To receive such a grant, a
18 hospital or health care facility must provide funding of at
19 least 50% of the cost of the project for which the grant is
20 being requested. In awarding such grants the Illinois
21 Emergency Management Agency shall consider the
22 recommendations of the Illinois Hospital Association.
23 (13) Do all other things necessary, incidental or
24 appropriate for the implementation of this Act.
25 (g) The Illinois Emergency Management Agency is authorized
26to make grants to various higher education institutions, public

HB3342 Enrolled- 330 -LRB100 08528 SMS 18653 b
1K-12 school districts, area vocational centers as designated by
2the State Board of Education, inter-district special education
3cooperatives, regional safe schools, and nonpublic K-12
4schools for safety and security improvements. For the purpose
5of this subsection (g), "higher education institution" means a
6public university, a public community college, or an
7independent, not-for-profit or for-profit higher education
8institution located in this State. Grants made under this
9subsection (g) shall be paid out of moneys appropriated for
10that purpose from the Build Illinois Bond Fund. The Illinois
11Emergency Management Agency shall adopt rules to implement this
12subsection (g). These rules may specify: (i) the manner of
13applying for grants; (ii) project eligibility requirements;
14(iii) restrictions on the use of grant moneys; (iv) the manner
15in which the various higher education institutions must account
16for the use of grant moneys; and (v) any other provision that
17the Illinois Emergency Management Agency determines to be
18necessary or useful for the administration of this subsection
19(g).
20 (g-5) The Illinois Emergency Management Agency is
21authorized to make grants to not-for-profit organizations
22which are exempt from federal income taxation under section
23501(c)(3) of the Federal Internal Revenue Code for eligible
24security improvements that assist the organization in
25preventing, preparing for, or responding to acts of terrorism.
26The Director shall establish procedures and forms by which

HB3342 Enrolled- 331 -LRB100 08528 SMS 18653 b
1applicants may apply for a grant, and procedures for
2distributing grants to recipients. The procedures shall
3require each applicant to do the following:
4 (1) identify and substantiate prior threats or attacks
5 by a terrorist organization, network, or cell against the
6 not-for-profit organization;
7 (2) indicate the symbolic or strategic value of one or
8 more sites that renders the site a possible target of
9 terrorism;
10 (3) discuss potential consequences to the organization
11 if the site is damaged, destroyed, or disrupted by a
12 terrorist act;
13 (4) describe how the grant will be used to integrate
14 organizational preparedness with broader State and local
15 preparedness efforts;
16 (5) submit a vulnerability assessment conducted by
17 experienced security, law enforcement, or military
18 personnel, and a description of how the grant award will be
19 used to address the vulnerabilities identified in the
20 assessment; and
21 (6) submit any other relevant information as may be
22 required by the Director.
23 The Agency is authorized to use funds appropriated for the
24grant program described in this subsection (g-5) to administer
25the program.
26 (h) Except as provided in Section 17.5 of this Act, any

HB3342 Enrolled- 332 -LRB100 08528 SMS 18653 b
1moneys received by the Agency from donations or sponsorships
2shall be deposited in the Emergency Planning and Training Fund
3and used by the Agency, subject to appropriation, to effectuate
4planning and training activities.
5 (i) The Illinois Emergency Management Agency may by rule
6assess and collect reasonable fees for attendance at
7Agency-sponsored conferences to enable the Agency to carry out
8the requirements of this Act. Any moneys received under this
9subsection shall be deposited in the Emergency Planning and
10Training Fund and used by the Agency, subject to appropriation,
11for planning and training activities.
12 (j) The Illinois Emergency Management Agency is authorized
13to make grants to other State agencies, public universities,
14units of local government, and statewide mutual aid
15organizations to enhance statewide emergency preparedness and
16response.
17(Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17;
18revised 9-28-17.)
19 Section 50-25. The State Finance Act is amended by changing
20Sections 6z-68, 6z-71, 6z-81, 8.3, and 8.11 and adding Sections
215.886 and 6z-105 as follows:
22 (30 ILCS 105/5.886 new)
23 Sec. 5.886. The VW Settlement Environmental Mitigation
24Fund.

HB3342 Enrolled- 333 -LRB100 08528 SMS 18653 b
1 (30 ILCS 105/6z-68)
2 Sec. 6z-68. The Intercity Passenger Rail Fund.
3 (a) The Intercity Passenger Rail Fund is created as a
4special fund in the State treasury. Moneys in the Fund may be
5used by the Department of Transportation, subject to
6appropriation, for the operation of intercity passenger rail
7services in the State through Amtrak or its successor.
8 Moneys received for the purposes of this Section,
9including, without limitation, income tax checkoff receipts
10and gifts, grants, and awards from any public or private
11entity, must be deposited into the Fund. Any interest earned on
12moneys in the Fund must be deposited into the Fund.
13 (b) At least one month before the beginning of each fiscal
14year, the chief operating officer of Amtrak or its successor
15must certify to the State Treasurer the number of Amtrak
16tickets sold at the State rate during that current fiscal year.
17 On the first day of that next fiscal year, or as soon
18thereafter as practical, the State Treasurer must transfer,
19from the General Revenue Fund to the Intercity Passenger Rail
20Fund, an amount equal to the tickets certified by the chief
21operating officer of Amtrak multiplied by $50.
22(Source: P.A. 94-535, eff. 8-10-05.)
23 (30 ILCS 105/6z-71)
24 Sec. 6z-71. Human Services Priority Capital Program Fund.

HB3342 Enrolled- 334 -LRB100 08528 SMS 18653 b
1The Human Services Priority Capital Program Fund is created as
2a special fund in the State treasury. Subject to appropriation,
3the Department of Human Services shall use moneys in the Human
4Services Priority Capital Program Fund to make grants to the
5Illinois Facilities Fund, a not-for-profit corporation, to
6make long term below market rate loans to nonprofit human
7service providers working under contract to the State of
8Illinois to assist those providers in meeting their capital
9needs. The loans shall be for the purpose of such capital
10needs, including but not limited to special use facilities,
11requirements for serving persons with disabilities, the
12mentally ill, or substance abusers, and medical and technology
13equipment. Loan repayments shall be deposited into the Human
14Services Priority Capital Program Fund. Interest income may be
15used to cover expenses of the program. The Illinois Facilities
16Fund shall report to the Department of Human Services and the
17General Assembly by April 1, 2008, and again by April 1, 2009,
18as to the use and earnings of the program.
19 A portion of the proceeds from the sale of a mental health
20facility or developmental disabilities facility operated by
21the Department of Human Services may be deposited into the Fund
22and may be used for the purposes described in this Section.
23 Notwithstanding any other provision of law, in addition to
24any other transfers that may be provided by law, on July 1,
252018, or as soon thereafter as practical, the State Comptroller
26shall direct and the State Treasurer shall transfer the

HB3342 Enrolled- 335 -LRB100 08528 SMS 18653 b
1remaining balance from the Human Services Priority Capital
2Program Fund into the General Revenue Fund. Upon completion of
3the transfers, the Human Services Priority Capital Program Fund
4is dissolved, and any future deposits due to that Fund and any
5outstanding obligations or liabilities of that Fund pass to the
6General Revenue Fund.
7(Source: P.A. 98-815, eff. 8-1-14; 99-143, eff. 7-27-15.)
8 (30 ILCS 105/6z-81)
9 Sec. 6z-81. Healthcare Provider Relief Fund.
10 (a) There is created in the State treasury a special fund
11to be known as the Healthcare Provider Relief Fund.
12 (b) The Fund is created for the purpose of receiving and
13disbursing moneys in accordance with this Section.
14Disbursements from the Fund shall be made only as follows:
15 (1) Subject to appropriation, for payment by the
16 Department of Healthcare and Family Services or by the
17 Department of Human Services of medical bills and related
18 expenses, including administrative expenses, for which the
19 State is responsible under Titles XIX and XXI of the Social
20 Security Act, the Illinois Public Aid Code, the Children's
21 Health Insurance Program Act, the Covering ALL KIDS Health
22 Insurance Act, and the Long Term Acute Care Hospital
23 Quality Improvement Transfer Program Act.
24 (2) For repayment of funds borrowed from other State
25 funds or from outside sources, including interest thereon.

HB3342 Enrolled- 336 -LRB100 08528 SMS 18653 b
1 (3) For State fiscal years 2017, and 2018, and 2019,
2 for making payments to the human poison control center
3 pursuant to Section 12-4.105 of the Illinois Public Aid
4 Code.
5 (c) The Fund shall consist of the following:
6 (1) Moneys received by the State from short-term
7 borrowing pursuant to the Short Term Borrowing Act on or
8 after the effective date of Public Act 96-820 this
9 amendatory Act of the 96th General Assembly.
10 (2) All federal matching funds received by the Illinois
11 Department of Healthcare and Family Services as a result of
12 expenditures made by the Department that are attributable
13 to moneys deposited in the Fund.
14 (3) All federal matching funds received by the Illinois
15 Department of Healthcare and Family Services as a result of
16 federal approval of Title XIX State plan amendment
17 transmittal number 07-09.
18 (4) All other moneys received for the Fund from any
19 other source, including interest earned thereon.
20 (5) All federal matching funds received by the Illinois
21 Department of Healthcare and Family Services as a result of
22 expenditures made by the Department for Medical Assistance
23 from the General Revenue Fund, the Tobacco Settlement
24 Recovery Fund, the Long-Term Care Provider Fund, and the
25 Drug Rebate Fund related to individuals eligible for
26 medical assistance pursuant to the Patient Protection and

HB3342 Enrolled- 337 -LRB100 08528 SMS 18653 b
1 Affordable Care Act (P.L. 111-148) and Section 5-2 of the
2 Illinois Public Aid Code.
3 (d) In addition to any other transfers that may be provided
4for by law, on the effective date of Public Act 97-44 this
5amendatory Act of the 97th General Assembly, or as soon
6thereafter as practical, the State Comptroller shall direct and
7the State Treasurer shall transfer the sum of $365,000,000 from
8the General Revenue Fund into the Healthcare Provider Relief
9Fund.
10 (e) In addition to any other transfers that may be provided
11for by law, on July 1, 2011, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $160,000,000 from the
14General Revenue Fund to the Healthcare Provider Relief Fund.
15 (f) Notwithstanding any other State law to the contrary,
16and in addition to any other transfers that may be provided for
17by law, the State Comptroller shall order transferred and the
18State Treasurer shall transfer $500,000,000 to the Healthcare
19Provider Relief Fund from the General Revenue Fund in equal
20monthly installments of $100,000,000, with the first transfer
21to be made on July 1, 2012, or as soon thereafter as practical,
22and with each of the remaining transfers to be made on August
231, 2012, September 1, 2012, October 1, 2012, and November 1,
242012, or as soon thereafter as practical. This transfer may
25assist the Department of Healthcare and Family Services in
26improving Medical Assistance bill processing timeframes or in

HB3342 Enrolled- 338 -LRB100 08528 SMS 18653 b
1meeting the possible requirements of Senate Bill 3397, or other
2similar legislation, of the 97th General Assembly should it
3become law.
4 (g) Notwithstanding any other State law to the contrary,
5and in addition to any other transfers that may be provided for
6by law, on July 1, 2013, or as soon thereafter as may be
7practical, the State Comptroller shall direct and the State
8Treasurer shall transfer the sum of $601,000,000 from the
9General Revenue Fund to the Healthcare Provider Relief Fund.
10(Source: P.A. 98-24, eff. 6-19-13; 98-463, eff. 8-16-13;
1199-516, eff. 6-30-16.)
12 (30 ILCS 105/6z-105 new)
13 Sec. 6z-105. The VW Settlement Environmental Mitigation
14Fund. The VW Settlement Environmental Mitigation Fund is
15created as a special fund in the State Treasury to receive
16moneys from the State Mitigation Trust established pursuant to
17the Environmental Mitigation Trust Agreement for State
18Beneficiaries ("Trust Agreement") pursuant to consent decrees
19in In re: Volkswagen "Clean Diesel" Marketing, Sales Practices,
20and Products Liability Litigation, MDL No. 2672 CRB (JSC) ("VW
21Settlement"). All funds received by the State from the State
22Mitigation Trust shall be deposited into the VW Settlement
23Environmental Mitigation Fund to be used, subject to
24appropriation by the General Assembly, by the Illinois
25Environmental Protection Agency as designated lead agency for

HB3342 Enrolled- 339 -LRB100 08528 SMS 18653 b
1the State of Illinois, to pay for costs of eligible mitigation
2actions and related administrative expenditures as allowed
3under the VW Settlement, the Trust Agreement, and the State's
4Beneficiary Mitigation Plan.
5 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
6 Sec. 8.3. Money in the Road Fund shall, if and when the
7State of Illinois incurs any bonded indebtedness for the
8construction of permanent highways, be set aside and used for
9the purpose of paying and discharging annually the principal
10and interest on that bonded indebtedness then due and payable,
11and for no other purpose. The surplus, if any, in the Road Fund
12after the payment of principal and interest on that bonded
13indebtedness then annually due shall be used as follows:
14 first -- to pay the cost of administration of Chapters
15 2 through 10 of the Illinois Vehicle Code, except the cost
16 of administration of Articles I and II of Chapter 3 of that
17 Code; and
18 secondly -- for expenses of the Department of
19 Transportation for construction, reconstruction,
20 improvement, repair, maintenance, operation, and
21 administration of highways in accordance with the
22 provisions of laws relating thereto, or for any purpose
23 related or incident to and connected therewith, including
24 the separation of grades of those highways with railroads
25 and with highways and including the payment of awards made

HB3342 Enrolled- 340 -LRB100 08528 SMS 18653 b
1 by the Illinois Workers' Compensation Commission under the
2 terms of the Workers' Compensation Act or Workers'
3 Occupational Diseases Act for injury or death of an
4 employee of the Division of Highways in the Department of
5 Transportation; or for the acquisition of land and the
6 erection of buildings for highway purposes, including the
7 acquisition of highway right-of-way or for investigations
8 to determine the reasonably anticipated future highway
9 needs; or for making of surveys, plans, specifications and
10 estimates for and in the construction and maintenance of
11 flight strips and of highways necessary to provide access
12 to military and naval reservations, to defense industries
13 and defense-industry sites, and to the sources of raw
14 materials and for replacing existing highways and highway
15 connections shut off from general public use at military
16 and naval reservations and defense-industry sites, or for
17 the purchase of right-of-way, except that the State shall
18 be reimbursed in full for any expense incurred in building
19 the flight strips; or for the operating and maintaining of
20 highway garages; or for patrolling and policing the public
21 highways and conserving the peace; or for the operating
22 expenses of the Department relating to the administration
23 of public transportation programs; or, during fiscal year
24 2012 only, for the purposes of a grant not to exceed
25 $8,500,000 to the Regional Transportation Authority on
26 behalf of PACE for the purpose of ADA/Para-transit

HB3342 Enrolled- 341 -LRB100 08528 SMS 18653 b
1 expenses; or, during fiscal year 2013 only, for the
2 purposes of a grant not to exceed $3,825,000 to the
3 Regional Transportation Authority on behalf of PACE for the
4 purpose of ADA/Para-transit expenses; or, during fiscal
5 year 2014 only, for the purposes of a grant not to exceed
6 $3,825,000 to the Regional Transportation Authority on
7 behalf of PACE for the purpose of ADA/Para-transit
8 expenses; or, during fiscal year 2015 only, for the
9 purposes of a grant not to exceed $3,825,000 to the
10 Regional Transportation Authority on behalf of PACE for the
11 purpose of ADA/Para-transit expenses; or, during fiscal
12 year 2016 only, for the purposes of a grant not to exceed
13 $3,825,000 to the Regional Transportation Authority on
14 behalf of PACE for the purpose of ADA/Para-transit
15 expenses; or, during fiscal year 2017 only, for the
16 purposes of a grant not to exceed $3,825,000 to the
17 Regional Transportation Authority on behalf of PACE for the
18 purpose of ADA/Para-transit expenses; or, during fiscal
19 year 2018 only, for the purposes of a grant not to exceed
20 $3,825,000 to the Regional Transportation Authority on
21 behalf of PACE for the purpose of ADA/Para-transit
22 expenses; or, during fiscal year 2019 only, for the
23 purposes of a grant not to exceed $3,825,000 to the
24 Regional Transportation Authority on behalf of PACE for the
25 purpose of ADA/Para-transit expenses; or for any of those
26 purposes or any other purpose that may be provided by law.

HB3342 Enrolled- 342 -LRB100 08528 SMS 18653 b
1 Appropriations for any of those purposes are payable from
2the Road Fund. Appropriations may also be made from the Road
3Fund for the administrative expenses of any State agency that
4are related to motor vehicles or arise from the use of motor
5vehicles.
6 Beginning with fiscal year 1980 and thereafter, no Road
7Fund monies shall be appropriated to the following Departments
8or agencies of State government for administration, grants, or
9operations; but this limitation is not a restriction upon
10appropriating for those purposes any Road Fund monies that are
11eligible for federal reimbursement: ;
12 1. Department of Public Health;
13 2. Department of Transportation, only with respect to
14 subsidies for one-half fare Student Transportation and
15 Reduced Fare for Elderly, except during fiscal year 2012
16 only when no more than $40,000,000 may be expended and
17 except during fiscal year 2013 only when no more than
18 $17,570,300 may be expended and except during fiscal year
19 2014 only when no more than $17,570,000 may be expended and
20 except during fiscal year 2015 only when no more than
21 $17,570,000 may be expended and except during fiscal year
22 2016 only when no more than $17,570,000 may be expended and
23 except during fiscal year 2017 only when no more than
24 $17,570,000 may be expended and except during fiscal year
25 2018 only when no more than $17,570,000 may be expended and
26 except during fiscal year 2019 only when no more than

HB3342 Enrolled- 343 -LRB100 08528 SMS 18653 b
1 $17,570,000 may be expended;
2 3. Department of Central Management Services, except
3 for expenditures incurred for group insurance premiums of
4 appropriate personnel;
5 4. Judicial Systems and Agencies.
6 Beginning with fiscal year 1981 and thereafter, no Road
7Fund monies shall be appropriated to the following Departments
8or agencies of State government for administration, grants, or
9operations; but this limitation is not a restriction upon
10appropriating for those purposes any Road Fund monies that are
11eligible for federal reimbursement:
12 1. Department of State Police, except for expenditures
13 with respect to the Division of Operations;
14 2. Department of Transportation, only with respect to
15 Intercity Rail Subsidies, except during fiscal year 2012
16 only when no more than $40,000,000 may be expended and
17 except during fiscal year 2013 only when no more than
18 $26,000,000 may be expended and except during fiscal year
19 2014 only when no more than $38,000,000 may be expended and
20 except during fiscal year 2015 only when no more than
21 $42,000,000 may be expended and except during fiscal year
22 2016 only when no more than $38,300,000 may be expended and
23 except during fiscal year 2017 only when no more than
24 $50,000,000 may be expended and except during fiscal year
25 2018 only when no more than $52,000,000 may be expended and
26 except during fiscal year 2019 only when no more than

HB3342 Enrolled- 344 -LRB100 08528 SMS 18653 b
1 $52,000,000 may be expended, and Rail Freight Services.
2 Beginning with fiscal year 1982 and thereafter, no Road
3Fund monies shall be appropriated to the following Departments
4or agencies of State government for administration, grants, or
5operations; but this limitation is not a restriction upon
6appropriating for those purposes any Road Fund monies that are
7eligible for federal reimbursement: Department of Central
8Management Services, except for awards made by the Illinois
9Workers' Compensation Commission under the terms of the
10Workers' Compensation Act or Workers' Occupational Diseases
11Act for injury or death of an employee of the Division of
12Highways in the Department of Transportation.
13 Beginning with fiscal year 1984 and thereafter, no Road
14Fund monies shall be appropriated to the following Departments
15or agencies of State government for administration, grants, or
16operations; but this limitation is not a restriction upon
17appropriating for those purposes any Road Fund monies that are
18eligible for federal reimbursement:
19 1. Department of State Police, except not more than 40%
20 of the funds appropriated for the Division of Operations;
21 2. State Officers.
22 Beginning with fiscal year 1984 and thereafter, no Road
23Fund monies shall be appropriated to any Department or agency
24of State government for administration, grants, or operations
25except as provided hereafter; but this limitation is not a
26restriction upon appropriating for those purposes any Road Fund

HB3342 Enrolled- 345 -LRB100 08528 SMS 18653 b
1monies that are eligible for federal reimbursement. It shall
2not be lawful to circumvent the above appropriation limitations
3by governmental reorganization or other methods.
4Appropriations shall be made from the Road Fund only in
5accordance with the provisions of this Section.
6 Money in the Road Fund shall, if and when the State of
7Illinois incurs any bonded indebtedness for the construction of
8permanent highways, be set aside and used for the purpose of
9paying and discharging during each fiscal year the principal
10and interest on that bonded indebtedness as it becomes due and
11payable as provided in the Transportation Bond Act, and for no
12other purpose. The surplus, if any, in the Road Fund after the
13payment of principal and interest on that bonded indebtedness
14then annually due shall be used as follows:
15 first -- to pay the cost of administration of Chapters
16 2 through 10 of the Illinois Vehicle Code; and
17 secondly -- no Road Fund monies derived from fees,
18 excises, or license taxes relating to registration,
19 operation and use of vehicles on public highways or to
20 fuels used for the propulsion of those vehicles, shall be
21 appropriated or expended other than for costs of
22 administering the laws imposing those fees, excises, and
23 license taxes, statutory refunds and adjustments allowed
24 thereunder, administrative costs of the Department of
25 Transportation, including, but not limited to, the
26 operating expenses of the Department relating to the

HB3342 Enrolled- 346 -LRB100 08528 SMS 18653 b
1 administration of public transportation programs, payment
2 of debts and liabilities incurred in construction and
3 reconstruction of public highways and bridges, acquisition
4 of rights-of-way for and the cost of construction,
5 reconstruction, maintenance, repair, and operation of
6 public highways and bridges under the direction and
7 supervision of the State, political subdivision, or
8 municipality collecting those monies, or during fiscal
9 year 2012 only for the purposes of a grant not to exceed
10 $8,500,000 to the Regional Transportation Authority on
11 behalf of PACE for the purpose of ADA/Para-transit
12 expenses, or during fiscal year 2013 only for the purposes
13 of a grant not to exceed $3,825,000 to the Regional
14 Transportation Authority on behalf of PACE for the purpose
15 of ADA/Para-transit expenses, or during fiscal year 2014
16 only for the purposes of a grant not to exceed $3,825,000
17 to the Regional Transportation Authority on behalf of PACE
18 for the purpose of ADA/Para-transit expenses, or during
19 fiscal year 2015 only for the purposes of a grant not to
20 exceed $3,825,000 to the Regional Transportation Authority
21 on behalf of PACE for the purpose of ADA/Para-transit
22 expenses, or during fiscal year 2016 only for the purposes
23 of a grant not to exceed $3,825,000 to the Regional
24 Transportation Authority on behalf of PACE for the purpose
25 of ADA/Para-transit expenses, or during fiscal year 2017
26 only for the purposes of a grant not to exceed $3,825,000

HB3342 Enrolled- 347 -LRB100 08528 SMS 18653 b
1 to the Regional Transportation Authority on behalf of PACE
2 for the purpose of ADA/Para-transit expenses, or during
3 fiscal year 2018 only for the purposes of a grant not to
4 exceed $3,825,000 to the Regional Transportation Authority
5 on behalf of PACE for the purpose of ADA/Para-transit
6 expenses, or during fiscal year 2019 only for the purposes
7 of a grant not to exceed $3,825,000 to the Regional
8 Transportation Authority on behalf of PACE for the purpose
9 of ADA/Para-transit expenses, and the costs for patrolling
10 and policing the public highways (by State, political
11 subdivision, or municipality collecting that money) for
12 enforcement of traffic laws. The separation of grades of
13 such highways with railroads and costs associated with
14 protection of at-grade highway and railroad crossing shall
15 also be permissible.
16 Appropriations for any of such purposes are payable from
17the Road Fund or the Grade Crossing Protection Fund as provided
18in Section 8 of the Motor Fuel Tax Law.
19 Except as provided in this paragraph, beginning with fiscal
20year 1991 and thereafter, no Road Fund monies shall be
21appropriated to the Department of State Police for the purposes
22of this Section in excess of its total fiscal year 1990 Road
23Fund appropriations for those purposes unless otherwise
24provided in Section 5g of this Act. For fiscal years 2003,
252004, 2005, 2006, and 2007 only, no Road Fund monies shall be
26appropriated to the Department of State Police for the purposes

HB3342 Enrolled- 348 -LRB100 08528 SMS 18653 b
1of this Section in excess of $97,310,000. For fiscal year 2008
2only, no Road Fund monies shall be appropriated to the
3Department of State Police for the purposes of this Section in
4excess of $106,100,000. For fiscal year 2009 only, no Road Fund
5monies shall be appropriated to the Department of State Police
6for the purposes of this Section in excess of $114,700,000.
7Beginning in fiscal year 2010, no road fund moneys shall be
8appropriated to the Department of State Police. It shall not be
9lawful to circumvent this limitation on appropriations by
10governmental reorganization or other methods unless otherwise
11provided in Section 5g of this Act.
12 In fiscal year 1994, no Road Fund monies shall be
13appropriated to the Secretary of State for the purposes of this
14Section in excess of the total fiscal year 1991 Road Fund
15appropriations to the Secretary of State for those purposes,
16plus $9,800,000. It shall not be lawful to circumvent this
17limitation on appropriations by governmental reorganization or
18other method.
19 Beginning with fiscal year 1995 and thereafter, no Road
20Fund monies shall be appropriated to the Secretary of State for
21the purposes of this Section in excess of the total fiscal year
221994 Road Fund appropriations to the Secretary of State for
23those purposes. It shall not be lawful to circumvent this
24limitation on appropriations by governmental reorganization or
25other methods.
26 Beginning with fiscal year 2000, total Road Fund

HB3342 Enrolled- 349 -LRB100 08528 SMS 18653 b
1appropriations to the Secretary of State for the purposes of
2this Section shall not exceed the amounts specified for the
3following fiscal years:
4 Fiscal Year 2000$80,500,000;
5 Fiscal Year 2001$80,500,000;
6 Fiscal Year 2002$80,500,000;
7 Fiscal Year 2003$130,500,000;
8 Fiscal Year 2004$130,500,000;
9 Fiscal Year 2005$130,500,000;
10 Fiscal Year 2006 $130,500,000;
11 Fiscal Year 2007 $130,500,000;
12 Fiscal Year 2008$130,500,000;
13 Fiscal Year 2009 $130,500,000.
14 For fiscal year 2010, no road fund moneys shall be
15appropriated to the Secretary of State.
16 Beginning in fiscal year 2011, moneys in the Road Fund
17shall be appropriated to the Secretary of State for the
18exclusive purpose of paying refunds due to overpayment of fees
19related to Chapter 3 of the Illinois Vehicle Code unless
20otherwise provided for by law.
21 It shall not be lawful to circumvent this limitation on
22appropriations by governmental reorganization or other
23methods.
24 No new program may be initiated in fiscal year 1991 and
25thereafter that is not consistent with the limitations imposed
26by this Section for fiscal year 1984 and thereafter, insofar as

HB3342 Enrolled- 350 -LRB100 08528 SMS 18653 b
1appropriation of Road Fund monies is concerned.
2 Nothing in this Section prohibits transfers from the Road
3Fund to the State Construction Account Fund under Section 5e of
4this Act; nor to the General Revenue Fund, as authorized by
5Public Act 93-25 this amendatory Act of the 93rd General
6Assembly.
7 The additional amounts authorized for expenditure in this
8Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
9shall be repaid to the Road Fund from the General Revenue Fund
10in the next succeeding fiscal year that the General Revenue
11Fund has a positive budgetary balance, as determined by
12generally accepted accounting principles applicable to
13government.
14 The additional amounts authorized for expenditure by the
15Secretary of State and the Department of State Police in this
16Section by Public Act 94-91 this amendatory Act of the 94th
17General Assembly shall be repaid to the Road Fund from the
18General Revenue Fund in the next succeeding fiscal year that
19the General Revenue Fund has a positive budgetary balance, as
20determined by generally accepted accounting principles
21applicable to government.
22(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17;
23revised 10-11-17.)
24 (30 ILCS 105/8.11) (from Ch. 127, par. 144.11)
25 Sec. 8.11. Except as otherwise provided in this Section,

HB3342 Enrolled- 351 -LRB100 08528 SMS 18653 b
1appropriations from the State Parks Fund shall be made only to
2the Department of Natural Resources and shall, except for the
3additional moneys deposited under Section 805-550 of the
4Department of Natural Resources (Conservation) Law of the Civil
5Administrative Code of Illinois, be used only for the
6maintenance, development, operation, control and acquisition
7of State parks and historic sites.
8 Revenues derived from the Illinois and Michigan Canal from
9the sale of Canal lands, lease of Canal lands, Canal
10concessions, and other Canal activities, which have been placed
11in the State Parks Fund may be appropriated to the Department
12of Natural Resources for that Department to use, either
13independently or in cooperation with any Department or Agency
14of the Federal or State Government or any political subdivision
15thereof for the development and management of the Canal and its
16adjacent lands as outlined in the master plan for such
17development and management.
18(Source: P.A. 96-1160, eff. 1-1-11.)
19 (30 ILCS 105/5.703 rep.)
20 Section 50-30. The State Finance Act is amended by
21repealing Section 5.703.
22 Section 50-40. The State Prompt Payment Act is amended by
23adding Section 3-6 as follows:

HB3342 Enrolled- 352 -LRB100 08528 SMS 18653 b
1 (30 ILCS 540/3-6 new)
2 Sec. 3-6. Federal funds; lack of authority. If an agency
3incurs an interest liability under this Act that cannot be
4charged to the same expenditure authority account to which the
5related goods or services were charged due to federal
6prohibitions, the agency is authorized to pay the interest from
7its available appropriations from the General Revenue Fund.
8 Section 50-45. The Illinois Coal Technology Development
9Assistance Act is amended by changing Section 3 as follows:
10 (30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
11 Sec. 3. Transfers to Coal Technology Development
12Assistance Fund.
13 (a) As soon as may be practicable after the first day of
14each month, the Department of Revenue shall certify to the
15Treasurer an amount equal to 1/64 of the revenue realized from
16the tax imposed by the Electricity Excise Tax Law, Section 2 of
17the Public Utilities Revenue Act, Section 2 of the Messages Tax
18Act, and Section 2 of the Gas Revenue Tax Act, during the
19preceding month. Upon receipt of the certification, the
20Treasurer shall transfer the amount shown on such certification
21from the General Revenue Fund to the Coal Technology
22Development Assistance Fund, which is hereby created as a
23special fund in the State treasury, except that no transfer
24shall be made in any month in which the Fund has reached the

HB3342 Enrolled- 353 -LRB100 08528 SMS 18653 b
1following balance:
2 (1) $7,000,000 during fiscal year 1994.
3 (2) $8,500,000 during fiscal year 1995.
4 (3) $10,000,000 during fiscal years 1996 and 1997.
5 (4) During fiscal year 1998 through fiscal year 2004,
6 an amount equal to the sum of $10,000,000 plus additional
7 moneys deposited into the Coal Technology Development
8 Assistance Fund from the Renewable Energy Resources and
9 Coal Technology Development Assistance Charge under
10 Section 6.5 of the Renewable Energy, Energy Efficiency, and
11 Coal Resources Development Law of 1997.
12 (5) During fiscal year 2005, an amount equal to the sum
13 of $7,000,000 plus additional moneys deposited into the
14 Coal Technology Development Assistance Fund from the
15 Renewable Energy Resources and Coal Technology Development
16 Assistance Charge under Section 6.5 of the Renewable
17 Energy, Energy Efficiency, and Coal Resources Development
18 Law of 1997.
19 (6) During fiscal year 2006 and each fiscal year
20 thereafter, an amount equal to the sum of $10,000,000 plus
21 additional moneys deposited into the Coal Technology
22 Development Assistance Fund from the Renewable Energy
23 Resources and Coal Technology Development Assistance
24 Charge under Section 6.5 of the Renewable Energy, Energy
25 Efficiency, and Coal Resources Development Law of 1997.
26 (b) During fiscal year 2019 only, the Treasurer shall make

HB3342 Enrolled- 354 -LRB100 08528 SMS 18653 b
1no transfers from the General Revenue Fund to the Coal
2Technology Development Assistance Fund.
3(Source: P.A. 99-78, eff. 7-20-15.)
4 Section 50-50. The Illinois Public Aid Code is amended by
5changing Section 12-5 as follows:
6 (305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
7 Sec. 12-5. Appropriations; uses; federal grants; report to
8General Assembly. From the sums appropriated by the General
9Assembly, the Illinois Department shall order for payment by
10warrant from the State Treasury grants for public aid under
11Articles III, IV, and V, including grants for funeral and
12burial expenses, and all costs of administration of the
13Illinois Department and the County Departments relating
14thereto. Moneys appropriated to the Illinois Department for
15public aid under Article VI may be used, with the consent of
16the Governor, to co-operate with federal, State, and local
17agencies in the development of work projects designed to
18provide suitable employment for persons receiving public aid
19under Article VI. The Illinois Department, with the consent of
20the Governor, may be the agent of the State for the receipt and
21disbursement of federal funds or commodities for public aid
22purposes under Article VI and for related purposes in which the
23co-operation of the Illinois Department is sought by the
24federal government, and, in connection therewith, may make

HB3342 Enrolled- 355 -LRB100 08528 SMS 18653 b
1necessary expenditures from moneys appropriated for public aid
2under any Article of this Code and for administration. The
3Illinois Department, with the consent of the Governor, may be
4the agent of the State for the receipt and disbursement of
5federal funds pursuant to the Immigration Reform and Control
6Act of 1986 and may make necessary expenditures from monies
7appropriated to it for operations, administration, and grants,
8including payment to the Health Insurance Reserve Fund for
9group insurance costs at the rate certified by the Department
10of Central Management Services. All amounts received by the
11Illinois Department pursuant to the Immigration Reform and
12Control Act of 1986 shall be deposited in the Immigration
13Reform and Control Fund. All amounts received into the
14Immigration Reform and Control Fund as reimbursement for
15expenditures from the General Revenue Fund shall be transferred
16to the General Revenue Fund.
17 All grants received by the Illinois Department for programs
18funded by the Federal Social Services Block Grant shall be
19deposited in the Social Services Block Grant Fund. All funds
20received into the Social Services Block Grant Fund as
21reimbursement for expenditures from the General Revenue Fund
22shall be transferred to the General Revenue Fund. All funds
23received into the Social Services Block Grant fund for
24reimbursement for expenditure out of the Local Initiative Fund
25shall be transferred into the Local Initiative Fund. Any other
26federal funds received into the Social Services Block Grant

HB3342 Enrolled- 356 -LRB100 08528 SMS 18653 b
1Fund shall be transferred to the DHS Special Purposes Trust
2Fund. All federal funds received by the Illinois Department as
3reimbursement for Employment and Training Programs for
4expenditures made by the Illinois Department from grants,
5gifts, or legacies as provided in Section 12-4.18 or made by an
6entity other than the Illinois Department and all federal funds
7received from the Emergency Contingency Fund for State
8Temporary Assistance for Needy Families Programs established
9by the American Recovery and Reinvestment Act of 2009 shall be
10deposited into the Employment and Training Fund.
11 During each State fiscal year, an amount not exceeding a
12total of $68,800,000 Eighty percent of the federal financial
13participation funds received by the Illinois Department under
14the provisions of Title IV-A of the federal Social Security Act
15Emergency Assistance program as reimbursement for expenditures
16made from the Illinois Department of Children and Family
17Services appropriations for the costs of providing services in
18behalf of Department of Children and Family Services clients
19shall be deposited into the DCFS Children's Services Fund.
20 All federal funds, except those covered by the foregoing 3
21paragraphs, received as reimbursement for expenditures from
22the General Revenue Fund shall be deposited in the General
23Revenue Fund for administrative and distributive expenditures
24properly chargeable by federal law or regulation to aid
25programs established under Articles III through XII and Titles
26IV, XVI, XIX and XX of the Federal Social Security Act. Any

HB3342 Enrolled- 357 -LRB100 08528 SMS 18653 b
1other federal funds received by the Illinois Department under
2Sections 12-4.6, 12-4.18 and 12-4.19 that are required by
3Section 12-10 of this Code to be paid into the DHS Special
4Purposes Trust Fund shall be deposited into the DHS Special
5Purposes Trust Fund. Any other federal funds received by the
6Illinois Department pursuant to the Child Support Enforcement
7Program established by Title IV-D of the Social Security Act
8shall be deposited in the Child Support Enforcement Trust Fund
9as required under Section 12-10.2 or in the Child Support
10Administrative Fund as required under Section 12-10.2a of this
11Code. Any other federal funds received by the Illinois
12Department for expenditures made under Title XIX of the Social
13Security Act and Articles V and VI of this Code that are
14required by Section 15-2 of this Code to be paid into the
15County Provider Trust Fund shall be deposited into the County
16Provider Trust Fund. Any other federal funds received by the
17Illinois Department for hospital inpatient, hospital
18ambulatory care, and disproportionate share hospital
19expenditures made under Title XIX of the Social Security Act
20and Article V of this Code that are required by Section 5A-8 of
21this Code to be paid into the Hospital Provider Fund shall be
22deposited into the Hospital Provider Fund. Any other federal
23funds received by the Illinois Department for medical
24assistance program expenditures made under Title XIX of the
25Social Security Act and Article V of this Code that are
26required by Section 5B-8 of this Code to be paid into the

HB3342 Enrolled- 358 -LRB100 08528 SMS 18653 b
1Long-Term Care Provider Fund shall be deposited into the
2Long-Term Care Provider Fund. Any other federal funds received
3by the Illinois Department for medical assistance program
4expenditures made under Title XIX of the Social Security Act
5and Article V of this Code that are required by Section 5C-7 of
6this Code to be paid into the Care Provider Fund for Persons
7with a Developmental Disability shall be deposited into the
8Care Provider Fund for Persons with a Developmental Disability.
9Any other federal funds received by the Illinois Department for
10trauma center adjustment payments that are required by Section
115-5.03 of this Code and made under Title XIX of the Social
12Security Act and Article V of this Code shall be deposited into
13the Trauma Center Fund. Any other federal funds received by the
14Illinois Department as reimbursement for expenses for early
15intervention services paid from the Early Intervention
16Services Revolving Fund shall be deposited into that Fund.
17 The Illinois Department shall report to the General
18Assembly at the end of each fiscal quarter the amount of all
19funds received and paid into the Social Services Block Grant
20Fund and the Local Initiative Fund and the expenditures and
21transfers of such funds for services, programs and other
22purposes authorized by law. Such report shall be filed with the
23Speaker, Minority Leader and Clerk of the House, with the
24President, Minority Leader and Secretary of the Senate, with
25the Chairmen of the House and Senate Appropriations Committees,
26the House Human Resources Committee and the Senate Public

HB3342 Enrolled- 359 -LRB100 08528 SMS 18653 b
1Health, Welfare and Corrections Committee, or the successor
2standing Committees of each as provided by the rules of the
3House and Senate, respectively, with the Legislative Research
4Unit and with the State Government Report Distribution Center
5for the General Assembly as is required under paragraph (t) of
6Section 7 of the State Library Act shall be deemed sufficient
7to comply with this Section.
8(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15;
999-933, Article 5, Section 5-130, eff. 1-27-17; 99-933, Article
1015, Section 15-50, eff. 1-27-17; revised 2-15-17.)
11 Section 50-55. The Environmental Protection Act is amended
12by changing Sections 22.15, 55.6, and 57.11 as follows:
13 (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
14 Sec. 22.15. Solid Waste Management Fund; fees.
15 (a) There is hereby created within the State Treasury a
16special fund to be known as the "Solid Waste Management Fund",
17to be constituted from the fees collected by the State pursuant
18to this Section, from repayments of loans made from the Fund
19for solid waste projects, from registration fees collected
20pursuant to the Consumer Electronics Recycling Act, and from
21amounts transferred into the Fund pursuant to Public Act
22100-433 this amendatory Act of the 100th General Assembly.
23Moneys received by the Department of Commerce and Economic
24Opportunity in repayment of loans made pursuant to the Illinois

HB3342 Enrolled- 360 -LRB100 08528 SMS 18653 b
1Solid Waste Management Act shall be deposited into the General
2Revenue Fund.
3 (b) The Agency shall assess and collect a fee in the amount
4set forth herein from the owner or operator of each sanitary
5landfill permitted or required to be permitted by the Agency to
6dispose of solid waste if the sanitary landfill is located off
7the site where such waste was produced and if such sanitary
8landfill is owned, controlled, and operated by a person other
9than the generator of such waste. The Agency shall deposit all
10fees collected into the Solid Waste Management Fund. If a site
11is contiguous to one or more landfills owned or operated by the
12same person, the volumes permanently disposed of by each
13landfill shall be combined for purposes of determining the fee
14under this subsection. Beginning on July 1, 2018, and on the
15first day of each month thereafter during fiscal year 2019, the
16State Comptroller shall direct and State Treasurer shall
17transfer an amount equal to 1/12 of $5,000,000 per fiscal year
18from the Solid Waste Management Fund to the General Revenue
19Fund.
20 (1) If more than 150,000 cubic yards of non-hazardous
21 solid waste is permanently disposed of at a site in a
22 calendar year, the owner or operator shall either pay a fee
23 of 95 cents per cubic yard or, alternatively, the owner or
24 operator may weigh the quantity of the solid waste
25 permanently disposed of with a device for which
26 certification has been obtained under the Weights and

HB3342 Enrolled- 361 -LRB100 08528 SMS 18653 b
1 Measures Act and pay a fee of $2.00 per ton of solid waste
2 permanently disposed of. In no case shall the fee collected
3 or paid by the owner or operator under this paragraph
4 exceed $1.55 per cubic yard or $3.27 per ton.
5 (2) If more than 100,000 cubic yards but not more than
6 150,000 cubic yards of non-hazardous waste is permanently
7 disposed of at a site in a calendar year, the owner or
8 operator shall pay a fee of $52,630.
9 (3) If more than 50,000 cubic yards but not more than
10 100,000 cubic yards of non-hazardous solid waste is
11 permanently disposed of at a site in a calendar year, the
12 owner or operator shall pay a fee of $23,790.
13 (4) If more than 10,000 cubic yards but not more than
14 50,000 cubic yards of non-hazardous solid waste is
15 permanently disposed of at a site in a calendar year, the
16 owner or operator shall pay a fee of $7,260.
17 (5) If not more than 10,000 cubic yards of
18 non-hazardous solid waste is permanently disposed of at a
19 site in a calendar year, the owner or operator shall pay a
20 fee of $1050.
21 (c) (Blank).
22 (d) The Agency shall establish rules relating to the
23collection of the fees authorized by this Section. Such rules
24shall include, but not be limited to:
25 (1) necessary records identifying the quantities of
26 solid waste received or disposed;

HB3342 Enrolled- 362 -LRB100 08528 SMS 18653 b
1 (2) the form and submission of reports to accompany the
2 payment of fees to the Agency;
3 (3) the time and manner of payment of fees to the
4 Agency, which payments shall not be more often than
5 quarterly; and
6 (4) procedures setting forth criteria establishing
7 when an owner or operator may measure by weight or volume
8 during any given quarter or other fee payment period.
9 (e) Pursuant to appropriation, all monies in the Solid
10Waste Management Fund shall be used by the Agency and the
11Department of Commerce and Economic Opportunity for the
12purposes set forth in this Section and in the Illinois Solid
13Waste Management Act, including for the costs of fee collection
14and administration, and for the administration of (1) the
15Consumer Electronics Recycling Act and (2) until January 1,
162020, the Electronic Products Recycling and Reuse Act.
17 (f) The Agency is authorized to enter into such agreements
18and to promulgate such rules as are necessary to carry out its
19duties under this Section and the Illinois Solid Waste
20Management Act.
21 (g) On the first day of January, April, July, and October
22of each year, beginning on July 1, 1996, the State Comptroller
23and Treasurer shall transfer $500,000 from the Solid Waste
24Management Fund to the Hazardous Waste Fund. Moneys transferred
25under this subsection (g) shall be used only for the purposes
26set forth in item (1) of subsection (d) of Section 22.2.

HB3342 Enrolled- 363 -LRB100 08528 SMS 18653 b
1 (h) The Agency is authorized to provide financial
2assistance to units of local government for the performance of
3inspecting, investigating and enforcement activities pursuant
4to Section 4(r) at nonhazardous solid waste disposal sites.
5 (i) The Agency is authorized to conduct household waste
6collection and disposal programs.
7 (j) A unit of local government, as defined in the Local
8Solid Waste Disposal Act, in which a solid waste disposal
9facility is located may establish a fee, tax, or surcharge with
10regard to the permanent disposal of solid waste. All fees,
11taxes, and surcharges collected under this subsection shall be
12utilized for solid waste management purposes, including
13long-term monitoring and maintenance of landfills, planning,
14implementation, inspection, enforcement and other activities
15consistent with the Solid Waste Management Act and the Local
16Solid Waste Disposal Act, or for any other environment-related
17purpose, including but not limited to an environment-related
18public works project, but not for the construction of a new
19pollution control facility other than a household hazardous
20waste facility. However, the total fee, tax or surcharge
21imposed by all units of local government under this subsection
22(j) upon the solid waste disposal facility shall not exceed:
23 (1) 60¢ per cubic yard if more than 150,000 cubic yards
24 of non-hazardous solid waste is permanently disposed of at
25 the site in a calendar year, unless the owner or operator
26 weighs the quantity of the solid waste received with a

HB3342 Enrolled- 364 -LRB100 08528 SMS 18653 b
1 device for which certification has been obtained under the
2 Weights and Measures Act, in which case the fee shall not
3 exceed $1.27 per ton of solid waste permanently disposed
4 of.
5 (2) $33,350 if more than 100,000 cubic yards, but not
6 more than 150,000 cubic yards, of non-hazardous waste is
7 permanently disposed of at the site in a calendar year.
8 (3) $15,500 if more than 50,000 cubic yards, but not
9 more than 100,000 cubic yards, of non-hazardous solid waste
10 is permanently disposed of at the site in a calendar year.
11 (4) $4,650 if more than 10,000 cubic yards, but not
12 more than 50,000 cubic yards, of non-hazardous solid waste
13 is permanently disposed of at the site in a calendar year.
14 (5) $$650 if not more than 10,000 cubic yards of
15 non-hazardous solid waste is permanently disposed of at the
16 site in a calendar year.
17 The corporate authorities of the unit of local government
18may use proceeds from the fee, tax, or surcharge to reimburse a
19highway commissioner whose road district lies wholly or
20partially within the corporate limits of the unit of local
21government for expenses incurred in the removal of
22nonhazardous, nonfluid municipal waste that has been dumped on
23public property in violation of a State law or local ordinance.
24 A county or Municipal Joint Action Agency that imposes a
25fee, tax, or surcharge under this subsection may use the
26proceeds thereof to reimburse a municipality that lies wholly

HB3342 Enrolled- 365 -LRB100 08528 SMS 18653 b
1or partially within its boundaries for expenses incurred in the
2removal of nonhazardous, nonfluid municipal waste that has been
3dumped on public property in violation of a State law or local
4ordinance.
5 If the fees are to be used to conduct a local sanitary
6landfill inspection or enforcement program, the unit of local
7government must enter into a written delegation agreement with
8the Agency pursuant to subsection (r) of Section 4. The unit of
9local government and the Agency shall enter into such a written
10delegation agreement within 60 days after the establishment of
11such fees. At least annually, the Agency shall conduct an audit
12of the expenditures made by units of local government from the
13funds granted by the Agency to the units of local government
14for purposes of local sanitary landfill inspection and
15enforcement programs, to ensure that the funds have been
16expended for the prescribed purposes under the grant.
17 The fees, taxes or surcharges collected under this
18subsection (j) shall be placed by the unit of local government
19in a separate fund, and the interest received on the moneys in
20the fund shall be credited to the fund. The monies in the fund
21may be accumulated over a period of years to be expended in
22accordance with this subsection.
23 A unit of local government, as defined in the Local Solid
24Waste Disposal Act, shall prepare and distribute to the Agency,
25in April of each year, a report that details spending plans for
26monies collected in accordance with this subsection. The report

HB3342 Enrolled- 366 -LRB100 08528 SMS 18653 b
1will at a minimum include the following:
2 (1) The total monies collected pursuant to this
3 subsection.
4 (2) The most current balance of monies collected
5 pursuant to this subsection.
6 (3) An itemized accounting of all monies expended for
7 the previous year pursuant to this subsection.
8 (4) An estimation of monies to be collected for the
9 following 3 years pursuant to this subsection.
10 (5) A narrative detailing the general direction and
11 scope of future expenditures for one, 2 and 3 years.
12 The exemptions granted under Sections 22.16 and 22.16a, and
13under subsection (k) of this Section, shall be applicable to
14any fee, tax or surcharge imposed under this subsection (j);
15except that the fee, tax or surcharge authorized to be imposed
16under this subsection (j) may be made applicable by a unit of
17local government to the permanent disposal of solid waste after
18December 31, 1986, under any contract lawfully executed before
19June 1, 1986 under which more than 150,000 cubic yards (or
2050,000 tons) of solid waste is to be permanently disposed of,
21even though the waste is exempt from the fee imposed by the
22State under subsection (b) of this Section pursuant to an
23exemption granted under Section 22.16.
24 (k) In accordance with the findings and purposes of the
25Illinois Solid Waste Management Act, beginning January 1, 1989
26the fee under subsection (b) and the fee, tax or surcharge

HB3342 Enrolled- 367 -LRB100 08528 SMS 18653 b
1under subsection (j) shall not apply to:
2 (1) waste Waste which is hazardous waste; or
3 (2) waste Waste which is pollution control waste; or
4 (3) waste Waste from recycling, reclamation or reuse
5 processes which have been approved by the Agency as being
6 designed to remove any contaminant from wastes so as to
7 render such wastes reusable, provided that the process
8 renders at least 50% of the waste reusable; or
9 (4) non-hazardous Non-hazardous solid waste that is
10 received at a sanitary landfill and composted or recycled
11 through a process permitted by the Agency; or
12 (5) any Any landfill which is permitted by the Agency
13 to receive only demolition or construction debris or
14 landscape waste.
15(Source: P.A. 100-103, eff. 8-11-17; 100-433, eff. 8-25-17;
16revised 9-29-17.)
17 (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
18 Sec. 55.6. Used Tire Management Fund.
19 (a) There is hereby created in the State Treasury a special
20fund to be known as the Used Tire Management Fund. There shall
21be deposited into the Fund all monies received as (1) recovered
22costs or proceeds from the sale of used tires under Section
2355.3 of this Act, (2) repayment of loans from the Used Tire
24Management Fund, or (3) penalties or punitive damages for
25violations of this Title, except as provided by subdivision

HB3342 Enrolled- 368 -LRB100 08528 SMS 18653 b
1(b)(4) or (b)(4-5) of Section 42.
2 (b) Beginning January 1, 1992, in addition to any other
3fees required by law, the owner or operator of each site
4required to be registered or permitted under subsection (d) or
5(d-5) of Section 55 shall pay to the Agency an annual fee of
6$100. Fees collected under this subsection shall be deposited
7into the Environmental Protection Permit and Inspection Fund.
8 (c) Pursuant to appropriation, monies up to an amount of $4
9million per fiscal year from the Used Tire Management Fund
10shall be allocated as follows:
11 (1) 38% shall be available to the Agency for the
12 following purposes, provided that priority shall be given
13 to item (i):
14 (i) To undertake preventive, corrective or removal
15 action as authorized by and in accordance with Section
16 55.3, and to recover costs in accordance with Section
17 55.3.
18 (ii) For the performance of inspection and
19 enforcement activities for used and waste tire sites.
20 (iii) (Blank).
21 (iv) To provide financial assistance to units of
22 local government for the performance of inspecting,
23 investigating and enforcement activities pursuant to
24 subsection (r) of Section 4 at used and waste tire
25 sites.
26 (v) To provide financial assistance for used and

HB3342 Enrolled- 369 -LRB100 08528 SMS 18653 b
1 waste tire collection projects sponsored by local
2 government or not-for-profit corporations.
3 (vi) For the costs of fee collection and
4 administration relating to used and waste tires, and to
5 accomplish such other purposes as are authorized by
6 this Act and regulations thereunder.
7 (vii) To provide financial assistance to units of
8 local government and private industry for the purposes
9 of:
10 (A) assisting in the establishment of
11 facilities and programs to collect, process, and
12 utilize used and waste tires and tire-derived
13 materials;
14 (B) demonstrating the feasibility of
15 innovative technologies as a means of collecting,
16 storing, processing, and utilizing used and waste
17 tires and tire-derived materials; and
18 (C) applying demonstrated technologies as a
19 means of collecting, storing, processing, and
20 utilizing used and waste tires and tire-derived
21 materials.
22 (2) For fiscal years beginning prior to July 1, 2004,
23 23% shall be available to the Department of Commerce and
24 Economic Opportunity for the following purposes, provided
25 that priority shall be given to item (A):
26 (A) To provide grants or loans for the purposes of:

HB3342 Enrolled- 370 -LRB100 08528 SMS 18653 b
1 (i) assisting units of local government and
2 private industry in the establishment of
3 facilities and programs to collect, process and
4 utilize used and waste tires and tire derived
5 materials;
6 (ii) demonstrating the feasibility of
7 innovative technologies as a means of collecting,
8 storing, processing and utilizing used and waste
9 tires and tire derived materials; and
10 (iii) applying demonstrated technologies as a
11 means of collecting, storing, processing, and
12 utilizing used and waste tires and tire derived
13 materials.
14 (B) To develop educational material for use by
15 officials and the public to better understand and
16 respond to the problems posed by used tires and
17 associated insects.
18 (C) (Blank).
19 (D) To perform such research as the Director deems
20 appropriate to help meet the purposes of this Act.
21 (E) To pay the costs of administration of its
22 activities authorized under this Act.
23 (2.1) For the fiscal year beginning July 1, 2004 and
24 for all fiscal years thereafter, 23% shall be deposited
25 into the General Revenue Fund. For fiscal year 2019 only,
26 such transfers are at the direction of the Department of

HB3342 Enrolled- 371 -LRB100 08528 SMS 18653 b
1 Revenue, and shall be made within 30 days after the end of
2 each quarter.
3 (3) 25% shall be available to the Illinois Department
4 of Public Health for the following purposes:
5 (A) To investigate threats or potential threats to
6 the public health related to mosquitoes and other
7 vectors of disease associated with the improper
8 storage, handling and disposal of tires, improper
9 waste disposal, or natural conditions.
10 (B) To conduct surveillance and monitoring
11 activities for mosquitoes and other arthropod vectors
12 of disease, and surveillance of animals which provide a
13 reservoir for disease-producing organisms.
14 (C) To conduct training activities to promote
15 vector control programs and integrated pest management
16 as defined in the Vector Control Act.
17 (D) To respond to inquiries, investigate
18 complaints, conduct evaluations and provide technical
19 consultation to help reduce or eliminate public health
20 hazards and nuisance conditions associated with
21 mosquitoes and other vectors.
22 (E) To provide financial assistance to units of
23 local government for training, investigation and
24 response to public nuisances associated with
25 mosquitoes and other vectors of disease.
26 (4) 2% shall be available to the Department of

HB3342 Enrolled- 372 -LRB100 08528 SMS 18653 b
1 Agriculture for its activities under the Illinois
2 Pesticide Act relating to used and waste tires.
3 (5) 2% shall be available to the Pollution Control
4 Board for administration of its activities relating to used
5 and waste tires.
6 (6) 10% shall be available to the University of
7 Illinois for the Prairie Research Institute to perform
8 research to study the biology, distribution, population
9 ecology, and biosystematics of tire-breeding arthropods,
10 especially mosquitoes, and the diseases they spread.
11 (d) By January 1, 1998, and biennially thereafter, each
12State agency receiving an appropriation from the Used Tire
13Management Fund shall report to the Governor and the General
14Assembly on its activities relating to the Fund.
15 (e) Any monies appropriated from the Used Tire Management
16Fund, but not obligated, shall revert to the Fund.
17 (f) In administering the provisions of subdivisions (1),
18(2) and (3) of subsection (c) of this Section, the Agency, the
19Department of Commerce and Economic Opportunity, and the
20Illinois Department of Public Health shall ensure that
21appropriate funding assistance is provided to any municipality
22with a population over 1,000,000 or to any sanitary district
23which serves a population over 1,000,000.
24 (g) Pursuant to appropriation, monies in excess of $4
25million per fiscal year from the Used Tire Management Fund
26shall be used as follows:

HB3342 Enrolled- 373 -LRB100 08528 SMS 18653 b
1 (1) 55% shall be available to the Agency for the
2 following purposes, provided that priority shall be given
3 to subparagraph (A):
4 (A) To undertake preventive, corrective or renewed
5 action as authorized by and in accordance with Section
6 55.3 and to recover costs in accordance with Section
7 55.3.
8 (B) To provide financial assistance to units of
9 local government and private industry for the purposes
10 of:
11 (i) assisting in the establishment of
12 facilities and programs to collect, process, and
13 utilize used and waste tires and tire-derived
14 materials;
15 (ii) demonstrating the feasibility of
16 innovative technologies as a means of collecting,
17 storing, processing, and utilizing used and waste
18 tires and tire-derived materials; and
19 (iii) applying demonstrated technologies as a
20 means of collecting, storing, processing, and
21 utilizing used and waste tires and tire-derived
22 materials.
23 (C) To provide grants to public universities for
24 vector-related research, disease-related research, and
25 for related laboratory-based equipment and field-based
26 equipment.

HB3342 Enrolled- 374 -LRB100 08528 SMS 18653 b
1 (2) For fiscal years beginning prior to July 1, 2004,
2 45% shall be available to the Department of Commerce and
3 Economic Opportunity to provide grants or loans for the
4 purposes of:
5 (i) assisting units of local government and
6 private industry in the establishment of facilities
7 and programs to collect, process and utilize waste
8 tires and tire derived material;
9 (ii) demonstrating the feasibility of innovative
10 technologies as a means of collecting, storing,
11 processing, and utilizing used and waste tires and tire
12 derived materials; and
13 (iii) applying demonstrated technologies as a
14 means of collecting, storing, processing, and
15 utilizing used and waste tires and tire derived
16 materials.
17 (3) For the fiscal year beginning July 1, 2004 and for
18 all fiscal years thereafter, 45% shall be deposited into
19 the General Revenue Fund. For fiscal year 2019 only, such
20 transfers are at the direction of the Department of
21 Revenue, and shall be made within 30 days after the end of
22 each quarter.
23(Source: P.A. 100-103, eff. 8-11-17; 100-327, eff. 8-24-17;
24revised 10-2-17.)
25 (415 ILCS 5/57.11)

HB3342 Enrolled- 375 -LRB100 08528 SMS 18653 b
1 Sec. 57.11. Underground Storage Tank Fund; creation.
2 (a) There is hereby created in the State Treasury a special
3fund to be known as the Underground Storage Tank Fund. There
4shall be deposited into the Underground Storage Tank Fund all
5monies received by the Office of the State Fire Marshal as fees
6for underground storage tanks under Sections 4 and 5 of the
7Gasoline Storage Act, fees pursuant to the Motor Fuel Tax Law,
8and beginning July 1, 2013, payments pursuant to the Use Tax
9Act, the Service Use Tax Act, the Service Occupation Tax Act,
10and the Retailers' Occupation Tax Act. All amounts held in the
11Underground Storage Tank Fund shall be invested at interest by
12the State Treasurer. All income earned from the investments
13shall be deposited into the Underground Storage Tank Fund no
14less frequently than quarterly. In addition to any other
15transfers that may be provided for by law, beginning on July 1,
162018 and on the first day of each month thereafter during
17fiscal year 2019 only, the State Comptroller shall direct and
18the State Treasurer shall transfer an amount equal to 1/12 of
19$10,000,000 from the Underground Storage Tank Fund to the
20General Revenue Fund. Moneys in the Underground Storage Tank
21Fund, pursuant to appropriation, may be used by the Agency and
22the Office of the State Fire Marshal for the following
23purposes:
24 (1) To take action authorized under Section 57.12 to
25 recover costs under Section 57.12.
26 (2) To assist in the reduction and mitigation of damage

HB3342 Enrolled- 376 -LRB100 08528 SMS 18653 b
1 caused by leaks from underground storage tanks, including
2 but not limited to, providing alternative water supplies to
3 persons whose drinking water has become contaminated as a
4 result of those leaks.
5 (3) To be used as a matching amount towards federal
6 assistance relative to the release of petroleum from
7 underground storage tanks.
8 (4) For the costs of administering activities of the
9 Agency and the Office of the State Fire Marshal relative to
10 the Underground Storage Tank Fund.
11 (5) For payment of costs of corrective action incurred
12 by and indemnification to operators of underground storage
13 tanks as provided in this Title.
14 (6) For a total of 2 demonstration projects in amounts
15 in excess of a $10,000 deductible charge designed to assess
16 the viability of corrective action projects at sites which
17 have experienced contamination from petroleum releases.
18 Such demonstration projects shall be conducted in
19 accordance with the provision of this Title.
20 (7) Subject to appropriation, moneys in the
21 Underground Storage Tank Fund may also be used by the
22 Department of Revenue for the costs of administering its
23 activities relative to the Fund and for refunds provided
24 for in Section 13a.8 of the Motor Fuel Tax Act.
25 (b) Moneys in the Underground Storage Tank Fund may,
26pursuant to appropriation, be used by the Office of the State

HB3342 Enrolled- 377 -LRB100 08528 SMS 18653 b
1Fire Marshal or the Agency to take whatever emergency action is
2necessary or appropriate to assure that the public health or
3safety is not threatened whenever there is a release or
4substantial threat of a release of petroleum from an
5underground storage tank and for the costs of administering its
6activities relative to the Underground Storage Tank Fund.
7 (c) Beginning July 1, 1993, the Governor shall certify to
8the State Comptroller and State Treasurer the monthly amount
9necessary to pay debt service on State obligations issued
10pursuant to Section 6 of the General Obligation Bond Act. On
11the last day of each month, the Comptroller shall order
12transferred and the Treasurer shall transfer from the
13Underground Storage Tank Fund to the General Obligation Bond
14Retirement and Interest Fund the amount certified by the
15Governor, plus any cumulative deficiency in those transfers for
16prior months.
17 (d) Except as provided in subsection (c) of this Section,
18the Underground Storage Tank Fund is not subject to
19administrative charges authorized under Section 8h of the State
20Finance Act that would in any way transfer any funds from the
21Underground Storage Tank Fund into any other fund of the State.
22 (e) Each fiscal year, subject to appropriation, the Agency
23may commit up to $10,000,000 of the moneys in the Underground
24Storage Tank Fund to the payment of corrective action costs for
25legacy sites that meet one or more of the following criteria as
26a result of the underground storage tank release: (i) the

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

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1State fiscal year, then the amount of any payments into the
2fund pursuant to the Use Tax Act, the Service Use Tax Act, the
3Service Occupation Tax Act, and the Retailers' Occupation Tax
4Act during that State fiscal year shall be deposited as
5follows: 75% thereof shall be paid into the State treasury and
625% shall be reserved in a special account and used only for
7the transfer to the Common School Fund as part of the monthly
8transfer from the General Revenue Fund in accordance with
9Section 8a of the State Finance Act.
10(Source: P.A. 98-109, eff. 7-25-13.)
11
ARTICLE 55. RETIREMENT CONTRIBUTIONS
12 Section 55-5. The State Finance Act is amended by changing
13Sections 8.12 and 14.1 as follows:
14 (30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
15 Sec. 8.12. State Pensions Fund.
16 (a) The moneys in the State Pensions Fund shall be used
17exclusively for the administration of the Revised Uniform
18Unclaimed Property Act and for the expenses incurred by the
19Auditor General for administering the provisions of Section
202-8.1 of the Illinois State Auditing Act and for operational
21expenses of the Office of the State Treasurer and for the
22funding of the unfunded liabilities of the designated
23retirement systems. Beginning in State fiscal year 2020 2019,

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1payments to the designated retirement systems under this
2Section shall be in addition to, and not in lieu of, any State
3contributions required under the Illinois Pension Code.
4 "Designated retirement systems" means:
5 (1) the State Employees' Retirement System of
6 Illinois;
7 (2) the Teachers' Retirement System of the State of
8 Illinois;
9 (3) the State Universities Retirement System;
10 (4) the Judges Retirement System of Illinois; and
11 (5) the General Assembly Retirement System.
12 (b) Each year the General Assembly may make appropriations
13from the State Pensions Fund for the administration of the
14Revised Uniform Unclaimed Property Act.
15 (c) As soon as possible after July 30, 2004 (the effective
16date of Public Act 93-839) this amendatory Act of the 93rd
17General Assembly, the General Assembly shall appropriate from
18the State Pensions Fund (1) to the State Universities
19Retirement System the amount certified under Section 15-165
20during the prior year, (2) to the Judges Retirement System of
21Illinois the amount certified under Section 18-140 during the
22prior year, and (3) to the General Assembly Retirement System
23the amount certified under Section 2-134 during the prior year
24as part of the required State contributions to each of those
25designated retirement systems; except that amounts
26appropriated under this subsection (c) in State fiscal year

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12005 shall not reduce the amount in the State Pensions Fund
2below $5,000,000. If the amount in the State Pensions Fund does
3not exceed the sum of the amounts certified in Sections 15-165,
418-140, and 2-134 by at least $5,000,000, the amount paid to
5each designated retirement system under this subsection shall
6be reduced in proportion to the amount certified by each of
7those designated retirement systems.
8 (c-5) For fiscal years 2006 through 2019 2018, the General
9Assembly shall appropriate from the State Pensions Fund to the
10State Universities Retirement System the amount estimated to be
11available during the fiscal year in the State Pensions Fund;
12provided, however, that the amounts appropriated under this
13subsection (c-5) shall not reduce the amount in the State
14Pensions Fund below $5,000,000.
15 (c-6) For fiscal year 2020 2019 and each fiscal year
16thereafter, as soon as may be practical after any money is
17deposited into the State Pensions Fund from the Unclaimed
18Property Trust Fund, the State Treasurer shall apportion the
19deposited amount among the designated retirement systems as
20defined in subsection (a) to reduce their actuarial reserve
21deficiencies. The State Comptroller and State Treasurer shall
22pay the apportioned amounts to the designated retirement
23systems to fund the unfunded liabilities of the designated
24retirement systems. The amount apportioned to each designated
25retirement system shall constitute a portion of the amount
26estimated to be available for appropriation from the State

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1Pensions Fund that is the same as that retirement system's
2portion of the total actual reserve deficiency of the systems,
3as determined annually by the Governor's Office of Management
4and Budget at the request of the State Treasurer. The amounts
5apportioned under this subsection shall not reduce the amount
6in the State Pensions Fund below $5,000,000.
7 (d) The Governor's Office of Management and Budget shall
8determine the individual and total reserve deficiencies of the
9designated retirement systems. For this purpose, the
10Governor's Office of Management and Budget shall utilize the
11latest available audit and actuarial reports of each of the
12retirement systems and the relevant reports and statistics of
13the Public Employee Pension Fund Division of the Department of
14Insurance.
15 (d-1) As soon as practicable after March 5, 2004 (the
16effective date of Public Act 93-665) this amendatory Act of the
1793rd General Assembly, the Comptroller shall direct and the
18Treasurer shall transfer from the State Pensions Fund to the
19General Revenue Fund, as funds become available, a sum equal to
20the amounts that would have been paid from the State Pensions
21Fund to the Teachers' Retirement System of the State of
22Illinois, the State Universities Retirement System, the Judges
23Retirement System of Illinois, the General Assembly Retirement
24System, and the State Employees' Retirement System of Illinois
25after March 5, 2004 (the effective date of Public Act 93-665)
26this amendatory Act during the remainder of fiscal year 2004 to

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1the designated retirement systems from the appropriations
2provided for in this Section if the transfers provided in
3Section 6z-61 had not occurred. The transfers described in this
4subsection (d-1) are to partially repay the General Revenue
5Fund for the costs associated with the bonds used to fund the
6moneys transferred to the designated retirement systems under
7Section 6z-61.
8 (e) The changes to this Section made by Public Act 88-593
9this amendatory Act of 1994 shall first apply to distributions
10from the Fund for State fiscal year 1996.
11(Source: P.A. 99-8, eff. 7-9-15; 99-78, eff. 7-20-15; 99-523,
12eff. 6-30-16; 100-22, eff. 1-1-18; 100-23, eff. 7-6-17; revised
138-8-17.)
14 (30 ILCS 105/14.1) (from Ch. 127, par. 150.1)
15 Sec. 14.1. Appropriations for State contributions to the
16State Employees' Retirement System; payroll requirements.
17 (a) Appropriations for State contributions to the State
18Employees' Retirement System of Illinois shall be expended in
19the manner provided in this Section. Except as otherwise
20provided in subsections (a-1), (a-2), (a-3), and (a-4) at the
21time of each payment of salary to an employee under the
22personal services line item, payment shall be made to the State
23Employees' Retirement System, from the amount appropriated for
24State contributions to the State Employees' Retirement System,
25of an amount calculated at the rate certified for the

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1applicable fiscal year by the Board of Trustees of the State
2Employees' Retirement System under Section 14-135.08 of the
3Illinois Pension Code. If a line item appropriation to an
4employer for this purpose is exhausted or is unavailable due to
5any limitation on appropriations that may apply, (including,
6but not limited to, limitations on appropriations from the Road
7Fund under Section 8.3 of the State Finance Act), the amounts
8shall be paid under the continuing appropriation for this
9purpose contained in the State Pension Funds Continuing
10Appropriation Act.
11 (a-1) Beginning on March 5, 2004 (the effective date of
12Public Act 93-665) this amendatory Act of the 93rd General
13Assembly through the payment of the final payroll from fiscal
14year 2004 appropriations, appropriations for State
15contributions to the State Employees' Retirement System of
16Illinois shall be expended in the manner provided in this
17subsection (a-1). At the time of each payment of salary to an
18employee under the personal services line item from a fund
19other than the General Revenue Fund, payment shall be made for
20deposit into the General Revenue Fund from the amount
21appropriated for State contributions to the State Employees'
22Retirement System of an amount calculated at the rate certified
23for fiscal year 2004 by the Board of Trustees of the State
24Employees' Retirement System under Section 14-135.08 of the
25Illinois Pension Code. This payment shall be made to the extent
26that a line item appropriation to an employer for this purpose

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1is available or unexhausted. No payment from appropriations for
2State contributions shall be made in conjunction with payment
3of salary to an employee under the personal services line item
4from the General Revenue Fund.
5 (a-2) For fiscal year 2010 only, at the time of each
6payment of salary to an employee under the personal services
7line item from a fund other than the General Revenue Fund,
8payment shall be made for deposit into the State Employees'
9Retirement System of Illinois from the amount appropriated for
10State contributions to the State Employees' Retirement System
11of Illinois of an amount calculated at the rate certified for
12fiscal year 2010 by the Board of Trustees of the State
13Employees' Retirement System of Illinois under Section
1414-135.08 of the Illinois Pension Code. This payment shall be
15made to the extent that a line item appropriation to an
16employer for this purpose is available or unexhausted. For
17fiscal year 2010 only, no payment from appropriations for State
18contributions shall be made in conjunction with payment of
19salary to an employee under the personal services line item
20from the General Revenue Fund.
21 (a-3) For fiscal year 2011 only, at the time of each
22payment of salary to an employee under the personal services
23line item from a fund other than the General Revenue Fund,
24payment shall be made for deposit into the State Employees'
25Retirement System of Illinois from the amount appropriated for
26State contributions to the State Employees' Retirement System

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1of Illinois of an amount calculated at the rate certified for
2fiscal year 2011 by the Board of Trustees of the State
3Employees' Retirement System of Illinois under Section
414-135.08 of the Illinois Pension Code. This payment shall be
5made to the extent that a line item appropriation to an
6employer for this purpose is available or unexhausted. For
7fiscal year 2011 only, no payment from appropriations for State
8contributions shall be made in conjunction with payment of
9salary to an employee under the personal services line item
10from the General Revenue Fund.
11 (a-4) In fiscal years 2012 through 2019 2018 only, at the
12time of each payment of salary to an employee under the
13personal services line item from a fund other than the General
14Revenue Fund, payment shall be made for deposit into the State
15Employees' Retirement System of Illinois from the amount
16appropriated for State contributions to the State Employees'
17Retirement System of Illinois of an amount calculated at the
18rate certified for the applicable fiscal year by the Board of
19Trustees of the State Employees' Retirement System of Illinois
20under Section 14-135.08 of the Illinois Pension Code. In fiscal
21years 2012 through 2019 2018 only, no payment from
22appropriations for State contributions shall be made in
23conjunction with payment of salary to an employee under the
24personal services line item from the General Revenue Fund.
25 (b) Except during the period beginning on March 5, 2004
26(the effective date of Public Act 93-665) this amendatory Act

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1of the 93rd General Assembly and ending at the time of the
2payment of the final payroll from fiscal year 2004
3appropriations, the State Comptroller shall not approve for
4payment any payroll voucher that (1) includes payments of
5salary to eligible employees in the State Employees' Retirement
6System of Illinois and (2) does not include the corresponding
7payment of State contributions to that retirement system at the
8full rate certified under Section 14-135.08 for that fiscal
9year for eligible employees, unless the balance in the fund on
10which the payroll voucher is drawn is insufficient to pay the
11total payroll voucher, or unavailable due to any limitation on
12appropriations that may apply, including, but not limited to,
13limitations on appropriations from the Road Fund under Section
148.3 of the State Finance Act. If the State Comptroller approves
15a payroll voucher under this Section for which the fund balance
16is insufficient to pay the full amount of the required State
17contribution to the State Employees' Retirement System, the
18Comptroller shall promptly so notify the Retirement System.
19 (b-1) For fiscal year 2010 and fiscal year 2011 only, the
20State Comptroller shall not approve for payment any non-General
21Revenue Fund payroll voucher that (1) includes payments of
22salary to eligible employees in the State Employees' Retirement
23System of Illinois and (2) does not include the corresponding
24payment of State contributions to that retirement system at the
25full rate certified under Section 14-135.08 for that fiscal
26year for eligible employees, unless the balance in the fund on

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1which the payroll voucher is drawn is insufficient to pay the
2total payroll voucher, or unavailable due to any limitation on
3appropriations that may apply, including, but not limited to,
4limitations on appropriations from the Road Fund under Section
58.3 of the State Finance Act. If the State Comptroller approves
6a payroll voucher under this Section for which the fund balance
7is insufficient to pay the full amount of the required State
8contribution to the State Employees' Retirement System of
9Illinois, the Comptroller shall promptly so notify the
10retirement system.
11 (c) Notwithstanding any other provisions of law, beginning
12July 1, 2007, required State and employee contributions to the
13State Employees' Retirement System of Illinois relating to
14affected legislative staff employees shall be paid out of
15moneys appropriated for that purpose to the Commission on
16Government Forecasting and Accountability, rather than out of
17the lump-sum appropriations otherwise made for the payroll and
18other costs of those employees.
19 These payments must be made pursuant to payroll vouchers
20submitted by the employing entity as part of the regular
21payroll voucher process.
22 For the purpose of this subsection, "affected legislative
23staff employees" means legislative staff employees paid out of
24lump-sum appropriations made to the General Assembly, an
25Officer of the General Assembly, or the Senate Operations
26Commission, but does not include district-office staff or

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1employees of legislative support services agencies.
2(Source: P.A. 99-8, eff. 7-9-15; 99-523, eff. 6-30-16; 100-23,
3eff. 7-6-17.)
4 Section 55-10. The Illinois Pension Code is amended by
5changing Section 14-131 as follows:
6 (40 ILCS 5/14-131)
7 Sec. 14-131. Contributions by State.
8 (a) The State shall make contributions to the System by
9appropriations of amounts which, together with other employer
10contributions from trust, federal, and other funds, employee
11contributions, investment income, and other income, will be
12sufficient to meet the cost of maintaining and administering
13the System on a 90% funded basis in accordance with actuarial
14recommendations.
15 For the purposes of this Section and Section 14-135.08,
16references to State contributions refer only to employer
17contributions and do not include employee contributions that
18are picked up or otherwise paid by the State or a department on
19behalf of the employee.
20 (b) The Board shall determine the total amount of State
21contributions required for each fiscal year on the basis of the
22actuarial tables and other assumptions adopted by the Board,
23using the formula in subsection (e).
24 The Board shall also determine a State contribution rate

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1for each fiscal year, expressed as a percentage of payroll,
2based on the total required State contribution for that fiscal
3year (less the amount received by the System from
4appropriations under Section 8.12 of the State Finance Act and
5Section 1 of the State Pension Funds Continuing Appropriation
6Act, if any, for the fiscal year ending on the June 30
7immediately preceding the applicable November 15 certification
8deadline), the estimated payroll (including all forms of
9compensation) for personal services rendered by eligible
10employees, and the recommendations of the actuary.
11 For the purposes of this Section and Section 14.1 of the
12State Finance Act, the term "eligible employees" includes
13employees who participate in the System, persons who may elect
14to participate in the System but have not so elected, persons
15who are serving a qualifying period that is required for
16participation, and annuitants employed by a department as
17described in subdivision (a)(1) or (a)(2) of Section 14-111.
18 (c) Contributions shall be made by the several departments
19for each pay period by warrants drawn by the State Comptroller
20against their respective funds or appropriations based upon
21vouchers stating the amount to be so contributed. These amounts
22shall be based on the full rate certified by the Board under
23Section 14-135.08 for that fiscal year. From March 5, 2004 (the
24effective date of Public Act 93-665) this amendatory Act of the
2593rd General Assembly through the payment of the final payroll
26from fiscal year 2004 appropriations, the several departments

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1shall not make contributions for the remainder of fiscal year
22004 but shall instead make payments as required under
3subsection (a-1) of Section 14.1 of the State Finance Act. The
4several departments shall resume those contributions at the
5commencement of fiscal year 2005.
6 (c-1) Notwithstanding subsection (c) of this Section, for
7fiscal years 2010, 2012, 2013, 2014, 2015, 2016, 2017, and
82018, and 2019 only, contributions by the several departments
9are not required to be made for General Revenue Funds payrolls
10processed by the Comptroller. Payrolls paid by the several
11departments from all other State funds must continue to be
12processed pursuant to subsection (c) of this Section.
13 (c-2) For State fiscal years 2010, 2012, 2013, 2014, 2015,
142016, 2017, and 2018, and 2019 only, on or as soon as possible
15after the 15th day of each month, the Board shall submit
16vouchers for payment of State contributions to the System, in a
17total monthly amount of one-twelfth of the fiscal year General
18Revenue Fund contribution as certified by the System pursuant
19to Section 14-135.08 of the Illinois Pension Code.
20 (d) If an employee is paid from trust funds or federal
21funds, the department or other employer shall pay employer
22contributions from those funds to the System at the certified
23rate, unless the terms of the trust or the federal-State
24agreement preclude the use of the funds for that purpose, in
25which case the required employer contributions shall be paid by
26the State. From March 5, 2004 (the effective date of Public Act

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193-665) this amendatory Act of the 93rd General Assembly
2through the payment of the final payroll from fiscal year 2004
3appropriations, the department or other employer shall not pay
4contributions for the remainder of fiscal year 2004 but shall
5instead make payments as required under subsection (a-1) of
6Section 14.1 of the State Finance Act. The department or other
7employer shall resume payment of contributions at the
8commencement of fiscal year 2005.
9 (e) For State fiscal years 2012 through 2045, the minimum
10contribution to the System to be made by the State for each
11fiscal year shall be an amount determined by the System to be
12sufficient to bring the total assets of the System up to 90% of
13the total actuarial liabilities of the System by the end of
14State fiscal year 2045. In making these determinations, the
15required State contribution shall be calculated each year as a
16level percentage of payroll over the years remaining to and
17including fiscal year 2045 and shall be determined under the
18projected unit credit actuarial cost method.
19 A change in an actuarial or investment assumption that
20increases or decreases the required State contribution and
21first applies in State fiscal year 2018 or thereafter shall be
22implemented in equal annual amounts over a 5-year period
23beginning in the State fiscal year in which the actuarial
24change first applies to the required State contribution.
25 A change in an actuarial or investment assumption that
26increases or decreases the required State contribution and

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1first applied to the State contribution in fiscal year 2014,
22015, 2016, or 2017 shall be implemented:
3 (i) as already applied in State fiscal years before
4 2018; and
5 (ii) in the portion of the 5-year period beginning in
6 the State fiscal year in which the actuarial change first
7 applied that occurs in State fiscal year 2018 or
8 thereafter, by calculating the change in equal annual
9 amounts over that 5-year period and then implementing it at
10 the resulting annual rate in each of the remaining fiscal
11 years in that 5-year period.
12 For State fiscal years 1996 through 2005, the State
13contribution to the System, as a percentage of the applicable
14employee payroll, shall be increased in equal annual increments
15so that by State fiscal year 2011, the State is contributing at
16the rate required under this Section; except that (i) for State
17fiscal year 1998, for all purposes of this Code and any other
18law of this State, the certified percentage of the applicable
19employee payroll shall be 5.052% for employees earning eligible
20creditable service under Section 14-110 and 6.500% for all
21other employees, notwithstanding any contrary certification
22made under Section 14-135.08 before July 7, 1997 (the effective
23date of Public Act 90-65) this amendatory Act of 1997, and (ii)
24in the following specified State fiscal years, the State
25contribution to the System shall not be less than the following
26indicated percentages of the applicable employee payroll, even

HB3342 Enrolled- 394 -LRB100 08528 SMS 18653 b
1if the indicated percentage will produce a State contribution
2in excess of the amount otherwise required under this
3subsection and subsection (a): 9.8% in FY 1999; 10.0% in FY
42000; 10.2% in FY 2001; 10.4% in FY 2002; 10.6% in FY 2003; and
510.8% in FY 2004.
6 Notwithstanding any other provision of this Article, the
7total required State contribution to the System for State
8fiscal year 2006 is $203,783,900.
9 Notwithstanding any other provision of this Article, the
10total required State contribution to the System for State
11fiscal year 2007 is $344,164,400.
12 For each of State fiscal years 2008 through 2009, the State
13contribution to the System, as a percentage of the applicable
14employee payroll, shall be increased in equal annual increments
15from the required State contribution for State fiscal year
162007, so that by State fiscal year 2011, the State is
17contributing at the rate otherwise required under this Section.
18 Notwithstanding any other provision of this Article, the
19total required State General Revenue Fund contribution for
20State fiscal year 2010 is $723,703,100 and shall be made from
21the proceeds of bonds sold in fiscal year 2010 pursuant to
22Section 7.2 of the General Obligation Bond Act, less (i) the
23pro rata share of bond sale expenses determined by the System's
24share of total bond proceeds, (ii) any amounts received from
25the General Revenue Fund in fiscal year 2010, and (iii) any
26reduction in bond proceeds due to the issuance of discounted

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1bonds, if applicable.
2 Notwithstanding any other provision of this Article, the
3total required State General Revenue Fund contribution for
4State fiscal year 2011 is the amount recertified by the System
5on or before April 1, 2011 pursuant to Section 14-135.08 and
6shall be made from the proceeds of bonds sold in fiscal year
72011 pursuant to Section 7.2 of the General Obligation Bond
8Act, less (i) the pro rata share of bond sale expenses
9determined by the System's share of total bond proceeds, (ii)
10any amounts received from the General Revenue Fund in fiscal
11year 2011, and (iii) any reduction in bond proceeds due to the
12issuance of discounted bonds, if applicable.
13 Beginning in State fiscal year 2046, the minimum State
14contribution for each fiscal year shall be the amount needed to
15maintain the total assets of the System at 90% of the total
16actuarial liabilities of the System.
17 Amounts received by the System pursuant to Section 25 of
18the Budget Stabilization Act or Section 8.12 of the State
19Finance Act in any fiscal year do not reduce and do not
20constitute payment of any portion of the minimum State
21contribution required under this Article in that fiscal year.
22Such amounts shall not reduce, and shall not be included in the
23calculation of, the required State contributions under this
24Article in any future year until the System has reached a
25funding ratio of at least 90%. A reference in this Article to
26the "required State contribution" or any substantially similar

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1term does not include or apply to any amounts payable to the
2System under Section 25 of the Budget Stabilization Act.
3 Notwithstanding any other provision of this Section, the
4required State contribution for State fiscal year 2005 and for
5fiscal year 2008 and each fiscal year thereafter, as calculated
6under this Section and certified under Section 14-135.08, shall
7not exceed an amount equal to (i) the amount of the required
8State contribution that would have been calculated under this
9Section for that fiscal year if the System had not received any
10payments under subsection (d) of Section 7.2 of the General
11Obligation Bond Act, minus (ii) the portion of the State's
12total debt service payments for that fiscal year on the bonds
13issued in fiscal year 2003 for the purposes of that Section
147.2, as determined and certified by the Comptroller, that is
15the same as the System's portion of the total moneys
16distributed under subsection (d) of Section 7.2 of the General
17Obligation Bond Act. In determining this maximum for State
18fiscal years 2008 through 2010, however, the amount referred to
19in item (i) shall be increased, as a percentage of the
20applicable employee payroll, in equal increments calculated
21from the sum of the required State contribution for State
22fiscal year 2007 plus the applicable portion of the State's
23total debt service payments for fiscal year 2007 on the bonds
24issued in fiscal year 2003 for the purposes of Section 7.2 of
25the General Obligation Bond Act, so that, by State fiscal year
262011, the State is contributing at the rate otherwise required

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1under this Section.
2 (f) After the submission of all payments for eligible
3employees from personal services line items in fiscal year 2004
4have been made, the Comptroller shall provide to the System a
5certification of the sum of all fiscal year 2004 expenditures
6for personal services that would have been covered by payments
7to the System under this Section if the provisions of Public
8Act 93-665 this amendatory Act of the 93rd General Assembly had
9not been enacted. Upon receipt of the certification, the System
10shall determine the amount due to the System based on the full
11rate certified by the Board under Section 14-135.08 for fiscal
12year 2004 in order to meet the State's obligation under this
13Section. The System shall compare this amount due to the amount
14received by the System in fiscal year 2004 through payments
15under this Section and under Section 6z-61 of the State Finance
16Act. If the amount due is more than the amount received, the
17difference shall be termed the "Fiscal Year 2004 Shortfall" for
18purposes of this Section, and the Fiscal Year 2004 Shortfall
19shall be satisfied under Section 1.2 of the State Pension Funds
20Continuing Appropriation Act. If the amount due is less than
21the amount received, the difference shall be termed the "Fiscal
22Year 2004 Overpayment" for purposes of this Section, and the
23Fiscal Year 2004 Overpayment shall be repaid by the System to
24the Pension Contribution Fund as soon as practicable after the
25certification.
26 (g) For purposes of determining the required State

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1contribution to the System, the value of the System's assets
2shall be equal to the actuarial value of the System's assets,
3which shall be calculated as follows:
4 As of June 30, 2008, the actuarial value of the System's
5assets shall be equal to the market value of the assets as of
6that date. In determining the actuarial value of the System's
7assets for fiscal years after June 30, 2008, any actuarial
8gains or losses from investment return incurred in a fiscal
9year shall be recognized in equal annual amounts over the
105-year period following that fiscal year.
11 (h) For purposes of determining the required State
12contribution to the System for a particular year, the actuarial
13value of assets shall be assumed to earn a rate of return equal
14to the System's actuarially assumed rate of return.
15 (i) After the submission of all payments for eligible
16employees from personal services line items paid from the
17General Revenue Fund in fiscal year 2010 have been made, the
18Comptroller shall provide to the System a certification of the
19sum of all fiscal year 2010 expenditures for personal services
20that would have been covered by payments to the System under
21this Section if the provisions of Public Act 96-45 this
22amendatory Act of the 96th General Assembly had not been
23enacted. Upon receipt of the certification, the System shall
24determine the amount due to the System based on the full rate
25certified by the Board under Section 14-135.08 for fiscal year
262010 in order to meet the State's obligation under this

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1Section. The System shall compare this amount due to the amount
2received by the System in fiscal year 2010 through payments
3under this Section. If the amount due is more than the amount
4received, the difference shall be termed the "Fiscal Year 2010
5Shortfall" for purposes of this Section, and the Fiscal Year
62010 Shortfall shall be satisfied under Section 1.2 of the
7State Pension Funds Continuing Appropriation Act. If the amount
8due is less than the amount received, the difference shall be
9termed the "Fiscal Year 2010 Overpayment" for purposes of this
10Section, and the Fiscal Year 2010 Overpayment shall be repaid
11by the System to the General Revenue Fund as soon as
12practicable after the certification.
13 (j) After the submission of all payments for eligible
14employees from personal services line items paid from the
15General Revenue Fund in fiscal year 2011 have been made, the
16Comptroller shall provide to the System a certification of the
17sum of all fiscal year 2011 expenditures for personal services
18that would have been covered by payments to the System under
19this Section if the provisions of Public Act 96-1497 this
20amendatory Act of the 96th General Assembly had not been
21enacted. Upon receipt of the certification, the System shall
22determine the amount due to the System based on the full rate
23certified by the Board under Section 14-135.08 for fiscal year
242011 in order to meet the State's obligation under this
25Section. The System shall compare this amount due to the amount
26received by the System in fiscal year 2011 through payments

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1under this Section. If the amount due is more than the amount
2received, the difference shall be termed the "Fiscal Year 2011
3Shortfall" for purposes of this Section, and the Fiscal Year
42011 Shortfall shall be satisfied under Section 1.2 of the
5State Pension Funds Continuing Appropriation Act. If the amount
6due is less than the amount received, the difference shall be
7termed the "Fiscal Year 2011 Overpayment" for purposes of this
8Section, and the Fiscal Year 2011 Overpayment shall be repaid
9by the System to the General Revenue Fund as soon as
10practicable after the certification.
11 (k) For fiscal years 2012 through 2019 2018 only, after the
12submission of all payments for eligible employees from personal
13services line items paid from the General Revenue Fund in the
14fiscal year have been made, the Comptroller shall provide to
15the System a certification of the sum of all expenditures in
16the fiscal year for personal services. Upon receipt of the
17certification, the System shall determine the amount due to the
18System based on the full rate certified by the Board under
19Section 14-135.08 for the fiscal year in order to meet the
20State's obligation under this Section. The System shall compare
21this amount due to the amount received by the System for the
22fiscal year. If the amount due is more than the amount
23received, the difference shall be termed the "Prior Fiscal Year
24Shortfall" for purposes of this Section, and the Prior Fiscal
25Year Shortfall shall be satisfied under Section 1.2 of the
26State Pension Funds Continuing Appropriation Act. If the amount

HB3342 Enrolled- 401 -LRB100 08528 SMS 18653 b
1due is less than the amount received, the difference shall be
2termed the "Prior Fiscal Year Overpayment" for purposes of this
3Section, and the Prior Fiscal Year Overpayment shall be repaid
4by the System to the General Revenue Fund as soon as
5practicable after the certification.
6(Source: P.A. 99-8, eff. 7-9-15; 99-523, eff. 6-30-16; 100-23,
7eff. 7-6-17.)
8 Section 55-20. The Revised Uniform Unclaimed Property Act
9is amended by changing Section 15-801 as follows:
10 (765 ILCS 1026/15-801)
11 Sec. 15-801. Deposit of funds by administrator.
12 (a) Except as otherwise provided in this Section, the
13administrator shall deposit in the Unclaimed Property Trust
14Fund all funds received under this Act, including proceeds from
15the sale of property under Article 7. The administrator may
16deposit any amount in the Unclaimed Property Trust Fund into
17the State Pensions Fund during the fiscal year at his or her
18discretion; however, he or she shall, on April 15 and October
1915 of each year, deposit any amount in the Unclaimed Property
20Trust Fund exceeding $2,500,000 into the State Pensions Fund.
21If on either April 15 or October 15, the administrator
22determines that a balance of $2,500,000 is insufficient for the
23prompt payment of unclaimed property claims authorized under
24this Act, the administrator may retain more than $2,500,000 in

HB3342 Enrolled- 402 -LRB100 08528 SMS 18653 b
1the Unclaimed Property Trust Fund in order to ensure the prompt
2payment of claims. Beginning in State fiscal year 2020 2018,
3all amounts that are deposited into the State Pensions Fund
4from the Unclaimed Property Trust Fund shall be apportioned to
5the designated retirement systems as provided in subsection
6(c-6) of Section 8.12 of the State Finance Act to reduce their
7actuarial reserve deficiencies.
8 (b) The administrator shall make prompt payment of claims
9he or she duly allows as provided for in this Act from the
10Unclaimed Property Trust Fund. This shall constitute an
11irrevocable and continuing appropriation of all amounts in the
12Unclaimed Property Trust Fund necessary to make prompt payment
13of claims duly allowed by the administrator pursuant to this
14Act.
15(Source: P.A. 100-22, eff. 1-1-18.)
16
ARTICLE 60. REFUNDING BONDS
17 Section 60-5. The General Obligation Bond Act is amended by
18changing Sections 9, 11, and 16 as follows:
19 (30 ILCS 330/9) (from Ch. 127, par. 659)
20 Sec. 9. Conditions for issuance and sale of Bonds;
21requirements Issuance and Sale of Bonds - Requirements for
22Bonds.
23 (a) Except as otherwise provided in this subsection and

HB3342 Enrolled- 403 -LRB100 08528 SMS 18653 b
1subsection (h), Bonds shall be issued and sold from time to
2time, in one or more series, in such amounts and at such prices
3as may be directed by the Governor, upon recommendation by the
4Director of the Governor's Office of Management and Budget.
5Bonds shall be in such form (either coupon, registered or book
6entry), in such denominations, payable within 25 years from
7their date, subject to such terms of redemption with or without
8premium, bear interest payable at such times and at such fixed
9or variable rate or rates, and be dated as shall be fixed and
10determined by the Director of the Governor's Office of
11Management and Budget in the order authorizing the issuance and
12sale of any series of Bonds, which order shall be approved by
13the Governor and is herein called a "Bond Sale Order"; provided
14however, that interest payable at fixed or variable rates shall
15not exceed that permitted in the Bond Authorization Act, as now
16or hereafter amended. Bonds shall be payable at such place or
17places, within or without the State of Illinois, and may be
18made registrable as to either principal or as to both principal
19and interest, as shall be specified in the Bond Sale Order.
20Bonds may be callable or subject to purchase and retirement or
21tender and remarketing as fixed and determined in the Bond Sale
22Order. Bonds, other than Bonds issued under Section 3 of this
23Act for the costs associated with the purchase and
24implementation of information technology, (i) except for
25refunding Bonds satisfying the requirements of Section 16 of
26this Act and sold during fiscal year 2009, 2010, 2011, 2017, or

HB3342 Enrolled- 404 -LRB100 08528 SMS 18653 b
12018, or 2019 must be issued with principal or mandatory
2redemption amounts in equal amounts, with the first maturity
3issued occurring within the fiscal year in which the Bonds are
4issued or within the next succeeding fiscal year and (ii) must
5mature or be subject to mandatory redemption each fiscal year
6thereafter up to 25 years, except for refunding Bonds
7satisfying the requirements of Section 16 of this Act and sold
8during fiscal year 2009, 2010, or 2011 which must mature or be
9subject to mandatory redemption each fiscal year thereafter up
10to 16 years. Bonds issued under Section 3 of this Act for the
11costs associated with the purchase and implementation of
12information technology must be issued with principal or
13mandatory redemption amounts in equal amounts, with the first
14maturity issued occurring with the fiscal year in which the
15respective bonds are issued or with the next succeeding fiscal
16year, with the respective bonds issued maturing or subject to
17mandatory redemption each fiscal year thereafter up to 10
18years. Notwithstanding any provision of this Act to the
19contrary, the Bonds authorized by Public Act 96-43 shall be
20payable within 5 years from their date and must be issued with
21principal or mandatory redemption amounts in equal amounts,
22with payment of principal or mandatory redemption beginning in
23the first fiscal year following the fiscal year in which the
24Bonds are issued.
25 Notwithstanding any provision of this Act to the contrary,
26the Bonds authorized by Public Act 96-1497 shall be payable

HB3342 Enrolled- 405 -LRB100 08528 SMS 18653 b
1within 8 years from their date and shall be issued with payment
2of maturing principal or scheduled mandatory redemptions in
3accordance with the following schedule, except the following
4amounts shall be prorated if less than the total additional
5amount of Bonds authorized by Public Act 96-1497 are issued:
6 Fiscal Year After Issuance Amount
7 1-2 $0
8 3 $110,712,120
9 4 $332,136,360
10 5 $664,272,720
11 6-8 $996,409,080
12 Notwithstanding any provision of this Act to the contrary,
13Income Tax Proceed Bonds issued under Section 7.6 shall be
14payable 12 years from the date of sale and shall be issued with
15payment of principal or mandatory redemption.
16 In the case of any series of Bonds bearing interest at a
17variable interest rate ("Variable Rate Bonds"), in lieu of
18determining the rate or rates at which such series of Variable
19Rate Bonds shall bear interest and the price or prices at which
20such Variable Rate Bonds shall be initially sold or remarketed
21(in the event of purchase and subsequent resale), the Bond Sale
22Order may provide that such interest rates and prices may vary
23from time to time depending on criteria established in such
24Bond Sale Order, which criteria may include, without
25limitation, references to indices or variations in interest
26rates as may, in the judgment of a remarketing agent, be

HB3342 Enrolled- 406 -LRB100 08528 SMS 18653 b
1necessary to cause Variable Rate Bonds of such series to be
2remarketable from time to time at a price equal to their
3principal amount, and may provide for appointment of a bank,
4trust company, investment bank, or other financial institution
5to serve as remarketing agent in that connection. The Bond Sale
6Order may provide that alternative interest rates or provisions
7for establishing alternative interest rates, different
8security or claim priorities, or different call or amortization
9provisions will apply during such times as Variable Rate Bonds
10of any series are held by a person providing credit or
11liquidity enhancement arrangements for such Bonds as
12authorized in subsection (b) of this Section. The Bond Sale
13Order may also provide for such variable interest rates to be
14established pursuant to a process generally known as an auction
15rate process and may provide for appointment of one or more
16financial institutions to serve as auction agents and
17broker-dealers in connection with the establishment of such
18interest rates and the sale and remarketing of such Bonds.
19 (b) In connection with the issuance of any series of Bonds,
20the State may enter into arrangements to provide additional
21security and liquidity for such Bonds, including, without
22limitation, bond or interest rate insurance or letters of
23credit, lines of credit, bond purchase contracts, or other
24arrangements whereby funds are made available to retire or
25purchase Bonds, thereby assuring the ability of owners of the
26Bonds to sell or redeem their Bonds. The State may enter into

HB3342 Enrolled- 407 -LRB100 08528 SMS 18653 b
1contracts and may agree to pay fees to persons providing such
2arrangements, but only under circumstances where the Director
3of the Governor's Office of Management and Budget certifies
4that he or she reasonably expects the total interest paid or to
5be paid on the Bonds, together with the fees for the
6arrangements (being treated as if interest), would not, taken
7together, cause the Bonds to bear interest, calculated to their
8stated maturity, at a rate in excess of the rate that the Bonds
9would bear in the absence of such arrangements.
10 The State may, with respect to Bonds issued or anticipated
11to be issued, participate in and enter into arrangements with
12respect to interest rate protection or exchange agreements,
13guarantees, or financial futures contracts for the purpose of
14limiting, reducing, or managing interest rate exposure. The
15authority granted under this paragraph, however, shall not
16increase the principal amount of Bonds authorized to be issued
17by law. The arrangements may be executed and delivered by the
18Director of the Governor's Office of Management and Budget on
19behalf of the State. Net payments for such arrangements shall
20constitute interest on the Bonds and shall be paid from the
21General Obligation Bond Retirement and Interest Fund. The
22Director of the Governor's Office of Management and Budget
23shall at least annually certify to the Governor and the State
24Comptroller his or her estimate of the amounts of such net
25payments to be included in the calculation of interest required
26to be paid by the State.

HB3342 Enrolled- 408 -LRB100 08528 SMS 18653 b
1 (c) Prior to the issuance of any Variable Rate Bonds
2pursuant to subsection (a), the Director of the Governor's
3Office of Management and Budget shall adopt an interest rate
4risk management policy providing that the amount of the State's
5variable rate exposure with respect to Bonds shall not exceed
620%. This policy shall remain in effect while any Bonds are
7outstanding and the issuance of Bonds shall be subject to the
8terms of such policy. The terms of this policy may be amended
9from time to time by the Director of the Governor's Office of
10Management and Budget but in no event shall any amendment cause
11the permitted level of the State's variable rate exposure with
12respect to Bonds to exceed 20%.
13 (d) "Build America Bonds" in this Section means Bonds
14authorized by Section 54AA of the Internal Revenue Code of
151986, as amended ("Internal Revenue Code"), and bonds issued
16from time to time to refund or continue to refund "Build
17America Bonds".
18 (e) Notwithstanding any other provision of this Section,
19Qualified School Construction Bonds shall be issued and sold
20from time to time, in one or more series, in such amounts and
21at such prices as may be directed by the Governor, upon
22recommendation by the Director of the Governor's Office of
23Management and Budget. Qualified School Construction Bonds
24shall be in such form (either coupon, registered or book
25entry), in such denominations, payable within 25 years from
26their date, subject to such terms of redemption with or without

HB3342 Enrolled- 409 -LRB100 08528 SMS 18653 b
1premium, and if the Qualified School Construction Bonds are
2issued with a supplemental coupon, bear interest payable at
3such times and at such fixed or variable rate or rates, and be
4dated as shall be fixed and determined by the Director of the
5Governor's Office of Management and Budget in the order
6authorizing the issuance and sale of any series of Qualified
7School Construction Bonds, which order shall be approved by the
8Governor and is herein called a "Bond Sale Order"; except that
9interest payable at fixed or variable rates, if any, shall not
10exceed that permitted in the Bond Authorization Act, as now or
11hereafter amended. Qualified School Construction Bonds shall
12be payable at such place or places, within or without the State
13of Illinois, and may be made registrable as to either principal
14or as to both principal and interest, as shall be specified in
15the Bond Sale Order. Qualified School Construction Bonds may be
16callable or subject to purchase and retirement or tender and
17remarketing as fixed and determined in the Bond Sale Order.
18Qualified School Construction Bonds must be issued with
19principal or mandatory redemption amounts or sinking fund
20payments into the General Obligation Bond Retirement and
21Interest Fund (or subaccount therefor) in equal amounts, with
22the first maturity issued, mandatory redemption payment or
23sinking fund payment occurring within the fiscal year in which
24the Qualified School Construction Bonds are issued or within
25the next succeeding fiscal year, with Qualified School
26Construction Bonds issued maturing or subject to mandatory

HB3342 Enrolled- 410 -LRB100 08528 SMS 18653 b
1redemption or with sinking fund payments thereof deposited each
2fiscal year thereafter up to 25 years. Sinking fund payments
3set forth in this subsection shall be permitted only to the
4extent authorized in Section 54F of the Internal Revenue Code
5or as otherwise determined by the Director of the Governor's
6Office of Management and Budget. "Qualified School
7Construction Bonds" in this subsection means Bonds authorized
8by Section 54F of the Internal Revenue Code and for bonds
9issued from time to time to refund or continue to refund such
10"Qualified School Construction Bonds".
11 (f) Beginning with the next issuance by the Governor's
12Office of Management and Budget to the Procurement Policy Board
13of a request for quotation for the purpose of formulating a new
14pool of qualified underwriting banks list, all entities
15responding to such a request for quotation for inclusion on
16that list shall provide a written report to the Governor's
17Office of Management and Budget and the Illinois Comptroller.
18The written report submitted to the Comptroller shall (i) be
19published on the Comptroller's Internet website and (ii) be
20used by the Governor's Office of Management and Budget for the
21purposes of scoring such a request for quotation. The written
22report, at a minimum, shall:
23 (1) disclose whether, within the past 3 months,
24 pursuant to its credit default swap market-making
25 activities, the firm has entered into any State of Illinois
26 credit default swaps ("CDS");

HB3342 Enrolled- 411 -LRB100 08528 SMS 18653 b
1 (2) include, in the event of State of Illinois CDS
2 activity, disclosure of the firm's cumulative notional
3 volume of State of Illinois CDS trades and the firm's
4 outstanding gross and net notional amount of State of
5 Illinois CDS, as of the end of the current 3-month period;
6 (3) indicate, pursuant to the firm's proprietary
7 trading activities, disclosure of whether the firm, within
8 the past 3 months, has entered into any proprietary trades
9 for its own account in State of Illinois CDS;
10 (4) include, in the event of State of Illinois
11 proprietary trades, disclosure of the firm's outstanding
12 gross and net notional amount of proprietary State of
13 Illinois CDS and whether the net position is short or long
14 credit protection, as of the end of the current 3-month
15 period;
16 (5) list all time periods during the past 3 months
17 during which the firm held net long or net short State of
18 Illinois CDS proprietary credit protection positions, the
19 amount of such positions, and whether those positions were
20 net long or net short credit protection positions; and
21 (6) indicate whether, within the previous 3 months, the
22 firm released any publicly available research or marketing
23 reports that reference State of Illinois CDS and include
24 those research or marketing reports as attachments.
25 (g) All entities included on a Governor's Office of
26Management and Budget's pool of qualified underwriting banks

HB3342 Enrolled- 412 -LRB100 08528 SMS 18653 b
1list shall, as soon as possible after March 18, 2011 (the
2effective date of Public Act 96-1554), but not later than
3January 21, 2011, and on a quarterly fiscal basis thereafter,
4provide a written report to the Governor's Office of Management
5and Budget and the Illinois Comptroller. The written reports
6submitted to the Comptroller shall be published on the
7Comptroller's Internet website. The written reports, at a
8minimum, shall:
9 (1) disclose whether, within the past 3 months,
10 pursuant to its credit default swap market-making
11 activities, the firm has entered into any State of Illinois
12 credit default swaps ("CDS");
13 (2) include, in the event of State of Illinois CDS
14 activity, disclosure of the firm's cumulative notional
15 volume of State of Illinois CDS trades and the firm's
16 outstanding gross and net notional amount of State of
17 Illinois CDS, as of the end of the current 3-month period;
18 (3) indicate, pursuant to the firm's proprietary
19 trading activities, disclosure of whether the firm, within
20 the past 3 months, has entered into any proprietary trades
21 for its own account in State of Illinois CDS;
22 (4) include, in the event of State of Illinois
23 proprietary trades, disclosure of the firm's outstanding
24 gross and net notional amount of proprietary State of
25 Illinois CDS and whether the net position is short or long
26 credit protection, as of the end of the current 3-month

HB3342 Enrolled- 413 -LRB100 08528 SMS 18653 b
1 period;
2 (5) list all time periods during the past 3 months
3 during which the firm held net long or net short State of
4 Illinois CDS proprietary credit protection positions, the
5 amount of such positions, and whether those positions were
6 net long or net short credit protection positions; and
7 (6) indicate whether, within the previous 3 months, the
8 firm released any publicly available research or marketing
9 reports that reference State of Illinois CDS and include
10 those research or marketing reports as attachments.
11 (h) Notwithstanding any other provision of this Section,
12for purposes of maximizing market efficiencies and cost
13savings, Income Tax Proceed Bonds may be issued and sold from
14time to time, in one or more series, in such amounts and at
15such prices as may be directed by the Governor, upon
16recommendation by the Director of the Governor's Office of
17Management and Budget. Income Tax Proceed Bonds shall be in
18such form, either coupon, registered, or book entry, in such
19denominations, shall bear interest payable at such times and at
20such fixed or variable rate or rates, and be dated as shall be
21fixed and determined by the Director of the Governor's Office
22of Management and Budget in the order authorizing the issuance
23and sale of any series of Income Tax Proceed Bonds, which order
24shall be approved by the Governor and is herein called a "Bond
25Sale Order"; provided, however, that interest payable at fixed
26or variable rates shall not exceed that permitted in the Bond

HB3342 Enrolled- 414 -LRB100 08528 SMS 18653 b
1Authorization Act. Income Tax Proceed Bonds shall be payable at
2such place or places, within or without the State of Illinois,
3and may be made registrable as to either principal or as to
4both principal and interest, as shall be specified in the Bond
5Sale Order. Income Tax Proceed Bonds may be callable or subject
6to purchase and retirement or tender and remarketing as fixed
7and determined in the Bond Sale Order.
8(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
925-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
107-6-17; revised 8-8-17.)
11 (30 ILCS 330/11) (from Ch. 127, par. 661)
12 Sec. 11. Sale of Bonds. Except as otherwise provided in
13this Section, Bonds shall be sold from time to time pursuant to
14notice of sale and public bid or by negotiated sale in such
15amounts and at such times as is directed by the Governor, upon
16recommendation by the Director of the Governor's Office of
17Management and Budget. At least 25%, based on total principal
18amount, of all Bonds issued each fiscal year shall be sold
19pursuant to notice of sale and public bid. At all times during
20each fiscal year, no more than 75%, based on total principal
21amount, of the Bonds issued each fiscal year, shall have been
22sold by negotiated sale. Failure to satisfy the requirements in
23the preceding 2 sentences shall not affect the validity of any
24previously issued Bonds; provided that all Bonds authorized by
25Public Act 96-43 and Public Act 96-1497 shall not be included

HB3342 Enrolled- 415 -LRB100 08528 SMS 18653 b
1in determining compliance for any fiscal year with the
2requirements of the preceding 2 sentences; and further provided
3that refunding Bonds satisfying the requirements of Section 16
4of this Act and sold during fiscal year 2009, 2010, 2011, 2017,
5or 2018, or 2019 shall not be subject to the requirements in
6the preceding 2 sentences.
7 If any Bonds, including refunding Bonds, are to be sold by
8negotiated sale, the Director of the Governor's Office of
9Management and Budget shall comply with the competitive request
10for proposal process set forth in the Illinois Procurement Code
11and all other applicable requirements of that Code.
12 If Bonds are to be sold pursuant to notice of sale and
13public bid, the Director of the Governor's Office of Management
14and Budget may, from time to time, as Bonds are to be sold,
15advertise the sale of the Bonds in at least 2 daily newspapers,
16one of which is published in the City of Springfield and one in
17the City of Chicago. The sale of the Bonds shall also be
18advertised in the volume of the Illinois Procurement Bulletin
19that is published by the Department of Central Management
20Services, and shall be published once at least 10 days prior to
21the date fixed for the opening of the bids. The Director of the
22Governor's Office of Management and Budget may reschedule the
23date of sale upon the giving of such additional notice as the
24Director deems adequate to inform prospective bidders of such
25change; provided, however, that all other conditions of the
26sale shall continue as originally advertised.

HB3342 Enrolled- 416 -LRB100 08528 SMS 18653 b
1 Executed Bonds shall, upon payment therefor, be delivered
2to the purchaser, and the proceeds of Bonds shall be paid into
3the State Treasury as directed by Section 12 of this Act.
4 All Income Tax Proceed Bonds shall comply with this
5Section. Notwithstanding anything to the contrary, however,
6for purposes of complying with this Section, Income Tax Proceed
7Bonds, regardless of the number of series or issuances sold
8thereunder, shall be considered a single issue or series.
9Furthermore, for purposes of complying with the competitive
10bidding requirements of this Section, the words "at all times"
11shall not apply to any such sale of the Income Tax Proceed
12Bonds. The Director of the Governor's Office of Management and
13Budget shall determine the time and manner of any competitive
14sale of the Income Tax Proceed Bonds; however, that sale shall
15under no circumstances take place later than 60 days after the
16State closes the sale of 75% of the Income Tax Proceed Bonds by
17negotiated sale.
18(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
1925-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
207-6-17; revised 8-15-17.)
21 (30 ILCS 330/16) (from Ch. 127, par. 666)
22 Sec. 16. Refunding Bonds. The State of Illinois is
23authorized to issue, sell, and provide for the retirement of
24General Obligation Bonds of the State of Illinois in the amount
25of $4,839,025,000, at any time and from time to time

HB3342 Enrolled- 417 -LRB100 08528 SMS 18653 b
1outstanding, for the purpose of refunding any State of Illinois
2general obligation Bonds then outstanding, including (i) the
3payment of any redemption premium thereon, (ii) any reasonable
4expenses of such refunding, (iii) any interest accrued or to
5accrue to the earliest or any subsequent date of redemption or
6maturity of such outstanding Bonds, (iv) for fiscal year 2019
7only, any necessary payments to providers of interest rate
8exchange agreements in connection with the termination of such
9agreements by the State in connection with the refunding, and
10(v) any interest to accrue to the first interest payment on the
11refunding Bonds; provided that all non-refunding Bonds in an
12issue that includes refunding Bonds shall mature no later than
13the final maturity date of Bonds being refunded; provided that
14no refunding Bonds shall be offered for sale unless the net
15present value of debt service savings to be achieved by the
16issuance of the refunding Bonds is 3% or more of the principal
17amount of the refunding Bonds to be issued; and further
18provided that, except for refunding Bonds sold in fiscal year
192009, 2010, 2011, 2017, or 2018, or 2019, the maturities of the
20refunding Bonds shall not extend beyond the maturities of the
21Bonds they refund, so that for each fiscal year in the maturity
22schedule of a particular issue of refunding Bonds, the total
23amount of refunding principal maturing and redemption amounts
24due in that fiscal year and all prior fiscal years in that
25schedule shall be greater than or equal to the total amount of
26refunded principal and redemption amounts that had been due

HB3342 Enrolled- 418 -LRB100 08528 SMS 18653 b
1over that year and all prior fiscal years prior to the
2refunding.
3 The Governor shall notify the State Treasurer and
4Comptroller of such refunding. The proceeds received from the
5sale of refunding Bonds shall be used for the retirement at
6maturity or redemption of such outstanding Bonds on any
7maturity or redemption date and, pending such use, shall be
8placed in escrow, subject to such terms and conditions as shall
9be provided for in the Bond Sale Order relating to the
10Refunding Bonds. Proceeds not needed for deposit in an escrow
11account shall be deposited in the General Obligation Bond
12Retirement and Interest Fund. This Act shall constitute an
13irrevocable and continuing appropriation of all amounts
14necessary to establish an escrow account for the purpose of
15refunding outstanding general obligation Bonds and to pay the
16reasonable expenses of such refunding and of the issuance and
17sale of the refunding Bonds. Any such escrowed proceeds may be
18invested and reinvested in direct obligations of the United
19States of America, maturing at such time or times as shall be
20appropriate to assure the prompt payment, when due, of the
21principal of and interest and redemption premium, if any, on
22the refunded Bonds. After the terms of the escrow have been
23fully satisfied, any remaining balance of such proceeds and
24interest, income and profits earned or realized on the
25investments thereof shall be paid into the General Revenue
26Fund. The liability of the State upon the Bonds shall continue,

HB3342 Enrolled- 419 -LRB100 08528 SMS 18653 b
1provided that the holders thereof shall thereafter be entitled
2to payment only out of the moneys deposited in the escrow
3account.
4 Except as otherwise herein provided in this Section, such
5refunding Bonds shall in all other respects be subject to the
6terms and conditions of this Act.
7(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
8 Section 60-10. The Build Illinois Bond Act is amended by
9changing Sections 6, 8, and 15 as follows:
10 (30 ILCS 425/6) (from Ch. 127, par. 2806)
11 Sec. 6. Conditions for Issuance and Sale of Bonds -
12Requirements for Bonds - Master and Supplemental Indentures -
13Credit and Liquidity Enhancement.
14 (a) Bonds shall be issued and sold from time to time, in
15one or more series, in such amounts and at such prices as
16directed by the Governor, upon recommendation by the Director
17of the Governor's Office of Management and Budget. Bonds shall
18be payable only from the specific sources and secured in the
19manner provided in this Act. Bonds shall be in such form, in
20such denominations, mature on such dates within 25 years from
21their date of issuance, be subject to optional or mandatory
22redemption, bear interest payable at such times and at such
23rate or rates, fixed or variable, and be dated as shall be
24fixed and determined by the Director of the Governor's Office

HB3342 Enrolled- 420 -LRB100 08528 SMS 18653 b
1of Management and Budget in an order authorizing the issuance
2and sale of any series of Bonds, which order shall be approved
3by the Governor and is herein called a "Bond Sale Order";
4provided, however, that interest payable at fixed rates shall
5not exceed that permitted in "An Act to authorize public
6corporations to issue bonds, other evidences of indebtedness
7and tax anticipation warrants subject to interest rate
8limitations set forth therein", approved May 26, 1970, as now
9or hereafter amended, and interest payable at variable rates
10shall not exceed the maximum rate permitted in the Bond Sale
11Order. Said Bonds shall be payable at such place or places,
12within or without the State of Illinois, and may be made
13registrable as to either principal only or as to both principal
14and interest, as shall be specified in the Bond Sale Order.
15Bonds may be callable or subject to purchase and retirement or
16remarketing as fixed and determined in the Bond Sale Order.
17Bonds (i) except for refunding Bonds satisfying the
18requirements of Section 15 of this Act and sold during fiscal
19year 2009, 2010, 2011, 2017, or 2018, or 2019, must be issued
20with principal or mandatory redemption amounts in equal
21amounts, with the first maturity issued occurring within the
22fiscal year in which the Bonds are issued or within the next
23succeeding fiscal year and (ii) must mature or be subject to
24mandatory redemption each fiscal year thereafter up to 25
25years, except for refunding Bonds satisfying the requirements
26of Section 15 of this Act and sold during fiscal year 2009,

HB3342 Enrolled- 421 -LRB100 08528 SMS 18653 b
12010, or 2011 which must mature or be subject to mandatory
2redemption each fiscal year thereafter up to 16 years.
3 All Bonds authorized under this Act shall be issued
4pursuant to a master trust indenture ("Master Indenture")
5executed and delivered on behalf of the State by the Director
6of the Governor's Office of Management and Budget, such Master
7Indenture to be in substantially the form approved in the Bond
8Sale Order authorizing the issuance and sale of the initial
9series of Bonds issued under this Act. Such initial series of
10Bonds may, and each subsequent series of Bonds shall, also be
11issued pursuant to a supplemental trust indenture
12("Supplemental Indenture") executed and delivered on behalf of
13the State by the Director of the Governor's Office of
14Management and Budget, each such Supplemental Indenture to be
15in substantially the form approved in the Bond Sale Order
16relating to such series. The Master Indenture and any
17Supplemental Indenture shall be entered into with a bank or
18trust company in the State of Illinois having trust powers and
19possessing capital and surplus of not less than $100,000,000.
20Such indentures shall set forth the terms and conditions of the
21Bonds and provide for payment of and security for the Bonds,
22including the establishment and maintenance of debt service and
23reserve funds, and for other protections for holders of the
24Bonds. The term "reserve funds" as used in this Act shall
25include funds and accounts established under indentures to
26provide for the payment of principal of and premium and

HB3342 Enrolled- 422 -LRB100 08528 SMS 18653 b
1interest on Bonds, to provide for the purchase, retirement or
2defeasance of Bonds, to provide for fees of trustees,
3registrars, paying agents and other fiduciaries and to provide
4for payment of costs of and debt service payable in respect of
5credit or liquidity enhancement arrangements, interest rate
6swaps or guarantees or financial futures contracts and indexing
7and remarketing agents' services.
8 In the case of any series of Bonds bearing interest at a
9variable interest rate ("Variable Rate Bonds"), in lieu of
10determining the rate or rates at which such series of Variable
11Rate Bonds shall bear interest and the price or prices at which
12such Variable Rate Bonds shall be initially sold or remarketed
13(in the event of purchase and subsequent resale), the Bond Sale
14Order may provide that such interest rates and prices may vary
15from time to time depending on criteria established in such
16Bond Sale Order, which criteria may include, without
17limitation, references to indices or variations in interest
18rates as may, in the judgment of a remarketing agent, be
19necessary to cause Bonds of such series to be remarketable from
20time to time at a price equal to their principal amount (or
21compound accreted value in the case of original issue discount
22Bonds), and may provide for appointment of indexing agents and
23a bank, trust company, investment bank or other financial
24institution to serve as remarketing agent in that connection.
25The Bond Sale Order may provide that alternative interest rates
26or provisions for establishing alternative interest rates,

HB3342 Enrolled- 423 -LRB100 08528 SMS 18653 b
1different security or claim priorities or different call or
2amortization provisions will apply during such times as Bonds
3of any series are held by a person providing credit or
4liquidity enhancement arrangements for such Bonds as
5authorized in subsection (b) of Section 6 of this Act.
6 (b) In connection with the issuance of any series of Bonds,
7the State may enter into arrangements to provide additional
8security and liquidity for such Bonds, including, without
9limitation, bond or interest rate insurance or letters of
10credit, lines of credit, bond purchase contracts or other
11arrangements whereby funds are made available to retire or
12purchase Bonds, thereby assuring the ability of owners of the
13Bonds to sell or redeem their Bonds. The State may enter into
14contracts and may agree to pay fees to persons providing such
15arrangements, but only under circumstances where the Director
16of the Bureau of the Budget (now Governor's Office of
17Management and Budget) certifies that he reasonably expects the
18total interest paid or to be paid on the Bonds, together with
19the fees for the arrangements (being treated as if interest),
20would not, taken together, cause the Bonds to bear interest,
21calculated to their stated maturity, at a rate in excess of the
22rate which the Bonds would bear in the absence of such
23arrangements. Any bonds, notes or other evidences of
24indebtedness issued pursuant to any such arrangements for the
25purpose of retiring and discharging outstanding Bonds shall
26constitute refunding Bonds under Section 15 of this Act. The

HB3342 Enrolled- 424 -LRB100 08528 SMS 18653 b
1State may participate in and enter into arrangements with
2respect to interest rate swaps or guarantees or financial
3futures contracts for the purpose of limiting or restricting
4interest rate risk; provided that such arrangements shall be
5made with or executed through banks having capital and surplus
6of not less than $100,000,000 or insurance companies holding
7the highest policyholder rating accorded insurers by A.M. Best &
8 Co. or any comparable rating service or government bond
9dealers reporting to, trading with, and recognized as primary
10dealers by a Federal Reserve Bank and having capital and
11surplus of not less than $100,000,000, or other persons whose
12debt securities are rated in the highest long-term categories
13by both Moody's Investors' Services, Inc. and Standard & Poor's
14Corporation. Agreements incorporating any of the foregoing
15arrangements may be executed and delivered by the Director of
16the Governor's Office of Management and Budget on behalf of the
17State in substantially the form approved in the Bond Sale Order
18relating to such Bonds.
19 (c) "Build America Bonds" in this Section means Bonds
20authorized by Section 54AA of the Internal Revenue Code of
211986, as amended ("Internal Revenue Code"), and bonds issued
22from time to time to refund or continue to refund "Build
23America Bonds".
24(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
25 (30 ILCS 425/8) (from Ch. 127, par. 2808)

HB3342 Enrolled- 425 -LRB100 08528 SMS 18653 b
1 Sec. 8. Sale of Bonds. Bonds, except as otherwise provided
2in this Section, shall be sold from time to time pursuant to
3notice of sale and public bid or by negotiated sale in such
4amounts and at such times as are directed by the Governor, upon
5recommendation by the Director of the Governor's Office of
6Management and Budget. At least 25%, based on total principal
7amount, of all Bonds issued each fiscal year shall be sold
8pursuant to notice of sale and public bid. At all times during
9each fiscal year, no more than 75%, based on total principal
10amount, of the Bonds issued each fiscal year shall have been
11sold by negotiated sale. Failure to satisfy the requirements in
12the preceding 2 sentences shall not affect the validity of any
13previously issued Bonds; and further provided that refunding
14Bonds satisfying the requirements of Section 15 of this Act and
15sold during fiscal year 2009, 2010, 2011, 2017, or 2018, or
162019 shall not be subject to the requirements in the preceding
172 sentences.
18 If any Bonds are to be sold pursuant to notice of sale and
19public bid, the Director of the Governor's Office of Management
20and Budget shall comply with the competitive request for
21proposal process set forth in the Illinois Procurement Code and
22all other applicable requirements of that Code.
23 If Bonds are to be sold pursuant to notice of sale and
24public bid, the Director of the Governor's Office of Management
25and Budget may, from time to time, as Bonds are to be sold,
26advertise the sale of the Bonds in at least 2 daily newspapers,

HB3342 Enrolled- 426 -LRB100 08528 SMS 18653 b
1one of which is published in the City of Springfield and one in
2the City of Chicago. The sale of the Bonds shall also be
3advertised in the volume of the Illinois Procurement Bulletin
4that is published by the Department of Central Management
5Services, and shall be published once at least 10 days prior to
6the date fixed for the opening of the bids. The Director of the
7Governor's Office of Management and Budget may reschedule the
8date of sale upon the giving of such additional notice as the
9Director deems adequate to inform prospective bidders of the
10change; provided, however, that all other conditions of the
11sale shall continue as originally advertised. Executed Bonds
12shall, upon payment therefor, be delivered to the purchaser,
13and the proceeds of Bonds shall be paid into the State Treasury
14as directed by Section 9 of this Act. The Governor or the
15Director of the Governor's Office of Management and Budget is
16hereby authorized and directed to execute and deliver contracts
17of sale with underwriters and to execute and deliver such
18certificates, indentures, agreements and documents, including
19any supplements or amendments thereto, and to take such actions
20and do such things as shall be necessary or desirable to carry
21out the purposes of this Act. Any action authorized or
22permitted to be taken by the Director of the Governor's Office
23of Management and Budget pursuant to this Act is hereby
24authorized to be taken by any person specifically designated by
25the Governor to take such action in a certificate signed by the
26Governor and filed with the Secretary of State.

HB3342 Enrolled- 427 -LRB100 08528 SMS 18653 b
1(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
2 (30 ILCS 425/15) (from Ch. 127, par. 2815)
3 Sec. 15. Refunding Bonds. Refunding Bonds are hereby
4authorized for the purpose of refunding any outstanding Bonds,
5including the payment of any redemption premium thereon, any
6reasonable expenses of such refunding, and any interest accrued
7or to accrue to the earliest or any subsequent date of
8redemption or maturity of outstanding Bonds; provided that all
9non-refunding Bonds in an issue that includes refunding Bonds
10shall mature no later than the final maturity date of Bonds
11being refunded; provided that no refunding Bonds shall be
12offered for sale unless the net present value of debt service
13savings to be achieved by the issuance of the refunding Bonds
14is 3% or more of the principal amount of the refunding Bonds to
15be issued; and further provided that, except for refunding
16Bonds sold in fiscal year 2009, 2010, 2011, 2017, or 2018, or
172019, the maturities of the refunding Bonds shall not extend
18beyond the maturities of the Bonds they refund, so that for
19each fiscal year in the maturity schedule of a particular issue
20of refunding Bonds, the total amount of refunding principal
21maturing and redemption amounts due in that fiscal year and all
22prior fiscal years in that schedule shall be greater than or
23equal to the total amount of refunded principal and redemption
24amounts that had been due over that year and all prior fiscal
25years prior to the refunding.

HB3342 Enrolled- 428 -LRB100 08528 SMS 18653 b
1 Refunding Bonds may be sold in such amounts and at such
2times, as directed by the Governor upon recommendation by the
3Director of the Governor's Office of Management and Budget. The
4Governor shall notify the State Treasurer and Comptroller of
5such refunding. The proceeds received from the sale of
6refunding Bonds shall be used for the retirement at maturity or
7redemption of such outstanding Bonds on any maturity or
8redemption date and, pending such use, shall be placed in
9escrow, subject to such terms and conditions as shall be
10provided for in the Bond Sale Order relating to the refunding
11Bonds. This Act shall constitute an irrevocable and continuing
12appropriation of all amounts necessary to establish an escrow
13account for the purpose of refunding outstanding Bonds and to
14pay the reasonable expenses of such refunding and of the
15issuance and sale of the refunding Bonds. Any such escrowed
16proceeds may be invested and reinvested in direct obligations
17of the United States of America, maturing at such time or times
18as shall be appropriate to assure the prompt payment, when due,
19of the principal of and interest and redemption premium, if
20any, on the refunded Bonds. After the terms of the escrow have
21been fully satisfied, any remaining balance of such proceeds
22and interest, income and profits earned or realized on the
23investments thereof shall be paid into the General Revenue
24Fund. The liability of the State upon the refunded Bonds shall
25continue, provided that the holders thereof shall thereafter be
26entitled to payment only out of the moneys deposited in the

HB3342 Enrolled- 429 -LRB100 08528 SMS 18653 b
1escrow account and the refunded Bonds shall be deemed paid,
2discharged and no longer to be outstanding.
3 Except as otherwise herein provided in this Section, such
4refunding Bonds shall in all other respects be issued pursuant
5to and subject to the terms and conditions of this Act and
6shall be secured by and payable from only the funds and sources
7which are provided under this Act.
8(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
9
ARTICLE 65.
10 Section 65-15. The Illinois Public Aid Code is amended by
11changing Sections 5-4.2, 5-5.01a, 9A-11, and 12-4.11 and by
12adding Sections 5-5.05a and 5-5.12b as follows:
13 (305 ILCS 5/5-4.2) (from Ch. 23, par. 5-4.2)
14 Sec. 5-4.2. Ambulance services payments.
15 (a) For ambulance services provided to a recipient of aid
16under this Article on or after January 1, 1993, the Illinois
17Department shall reimburse ambulance service providers at
18rates calculated in accordance with this Section. It is the
19intent of the General Assembly to provide adequate
20reimbursement for ambulance services so as to ensure adequate
21access to services for recipients of aid under this Article and
22to provide appropriate incentives to ambulance service
23providers to provide services in an efficient and

HB3342 Enrolled- 430 -LRB100 08528 SMS 18653 b
1cost-effective manner. Thus, it is the intent of the General
2Assembly that the Illinois Department implement a
3reimbursement system for ambulance services that, to the extent
4practicable and subject to the availability of funds
5appropriated by the General Assembly for this purpose, is
6consistent with the payment principles of Medicare. To ensure
7uniformity between the payment principles of Medicare and
8Medicaid, the Illinois Department shall follow, to the extent
9necessary and practicable and subject to the availability of
10funds appropriated by the General Assembly for this purpose,
11the statutes, laws, regulations, policies, procedures,
12principles, definitions, guidelines, and manuals used to
13determine the amounts paid to ambulance service providers under
14Title XVIII of the Social Security Act (Medicare).
15 (b) For ambulance services provided to a recipient of aid
16under this Article on or after January 1, 1996, the Illinois
17Department shall reimburse ambulance service providers based
18upon the actual distance traveled if a natural disaster,
19weather conditions, road repairs, or traffic congestion
20necessitates the use of a route other than the most direct
21route.
22 (c) For purposes of this Section, "ambulance services"
23includes medical transportation services provided by means of
24an ambulance, medi-car, service car, or taxi.
25 (c-1) For purposes of this Section, "ground ambulance
26service" means medical transportation services that are

HB3342 Enrolled- 431 -LRB100 08528 SMS 18653 b
1described as ground ambulance services by the Centers for
2Medicare and Medicaid Services and provided in a vehicle that
3is licensed as an ambulance by the Illinois Department of
4Public Health pursuant to the Emergency Medical Services (EMS)
5Systems Act.
6 (c-2) For purposes of this Section, "ground ambulance
7service provider" means a vehicle service provider as described
8in the Emergency Medical Services (EMS) Systems Act that
9operates licensed ambulances for the purpose of providing
10emergency ambulance services, or non-emergency ambulance
11services, or both. For purposes of this Section, this includes
12both ambulance providers and ambulance suppliers as described
13by the Centers for Medicare and Medicaid Services.
14 (d) This Section does not prohibit separate billing by
15ambulance service providers for oxygen furnished while
16providing advanced life support services.
17 (e) Beginning with services rendered on or after July 1,
182008, all providers of non-emergency medi-car and service car
19transportation must certify that the driver and employee
20attendant, as applicable, have completed a safety program
21approved by the Department to protect both the patient and the
22driver, prior to transporting a patient. The provider must
23maintain this certification in its records. The provider shall
24produce such documentation upon demand by the Department or its
25representative. Failure to produce documentation of such
26training shall result in recovery of any payments made by the

HB3342 Enrolled- 432 -LRB100 08528 SMS 18653 b
1Department for services rendered by a non-certified driver or
2employee attendant. Medi-car and service car providers must
3maintain legible documentation in their records of the driver
4and, as applicable, employee attendant that actually
5transported the patient. Providers must recertify all drivers
6and employee attendants every 3 years.
7 Notwithstanding the requirements above, any public
8transportation provider of medi-car and service car
9transportation that receives federal funding under 49 U.S.C.
105307 and 5311 need not certify its drivers and employee
11attendants under this Section, since safety training is already
12federally mandated.
13 (f) With respect to any policy or program administered by
14the Department or its agent regarding approval of non-emergency
15medical transportation by ground ambulance service providers,
16including, but not limited to, the Non-Emergency
17Transportation Services Prior Approval Program (NETSPAP), the
18Department shall establish by rule a process by which ground
19ambulance service providers of non-emergency medical
20transportation may appeal any decision by the Department or its
21agent for which no denial was received prior to the time of
22transport that either (i) denies a request for approval for
23payment of non-emergency transportation by means of ground
24ambulance service or (ii) grants a request for approval of
25non-emergency transportation by means of ground ambulance
26service at a level of service that entitles the ground

HB3342 Enrolled- 433 -LRB100 08528 SMS 18653 b
1ambulance service provider to a lower level of compensation
2from the Department than the ground ambulance service provider
3would have received as compensation for the level of service
4requested. The rule shall be filed by December 15, 2012 and
5shall provide that, for any decision rendered by the Department
6or its agent on or after the date the rule takes effect, the
7ground ambulance service provider shall have 60 days from the
8date the decision is received to file an appeal. The rule
9established by the Department shall be, insofar as is
10practical, consistent with the Illinois Administrative
11Procedure Act. The Director's decision on an appeal under this
12Section shall be a final administrative decision subject to
13review under the Administrative Review Law.
14 (f-5) Beginning 90 days after July 20, 2012 (the effective
15date of Public Act 97-842), (i) no denial of a request for
16approval for payment of non-emergency transportation by means
17of ground ambulance service, and (ii) no approval of
18non-emergency transportation by means of ground ambulance
19service at a level of service that entitles the ground
20ambulance service provider to a lower level of compensation
21from the Department than would have been received at the level
22of service submitted by the ground ambulance service provider,
23may be issued by the Department or its agent unless the
24Department has submitted the criteria for determining the
25appropriateness of the transport for first notice publication
26in the Illinois Register pursuant to Section 5-40 of the

HB3342 Enrolled- 434 -LRB100 08528 SMS 18653 b
1Illinois Administrative Procedure Act.
2 (g) Whenever a patient covered by a medical assistance
3program under this Code or by another medical program
4administered by the Department is being discharged from a
5facility, a physician discharge order as described in this
6Section shall be required for each patient whose discharge
7requires medically supervised ground ambulance services.
8Facilities shall develop procedures for a physician with
9medical staff privileges to provide a written and signed
10physician discharge order. The physician discharge order shall
11specify the level of ground ambulance services needed and
12complete a medical certification establishing the criteria for
13approval of non-emergency ambulance transportation, as
14published by the Department of Healthcare and Family Services,
15that is met by the patient. This order and the medical
16certification shall be completed prior to ordering an ambulance
17service and prior to patient discharge.
18 Pursuant to subsection (E) of Section 12-4.25 of this Code,
19the Department is entitled to recover overpayments paid to a
20provider or vendor, including, but not limited to, from the
21discharging physician, the discharging facility, and the
22ground ambulance service provider, in instances where a
23non-emergency ground ambulance service is rendered as the
24result of improper or false certification.
25 (h) On and after July 1, 2012, the Department shall reduce
26any rate of reimbursement for services or other payments or

HB3342 Enrolled- 435 -LRB100 08528 SMS 18653 b
1alter any methodologies authorized by this Code to reduce any
2rate of reimbursement for services or other payments in
3accordance with Section 5-5e.
4 (i) On and after July 1, 2018, the Department shall
5increase the base rate of reimbursement for both base charges
6and mileage charges for ground ambulance service providers for
7medical transportation services provided by means of a ground
8ambulance to a level not lower than 112% of the base rate in
9effect as of June 30, 2018.
10(Source: P.A. 97-584, eff. 8-26-11; 97-689, eff. 6-14-12;
1197-842, eff. 7-20-12; 98-463, eff. 8-16-13.)
12 (305 ILCS 5/5-5.01a)
13 Sec. 5-5.01a. Supportive living facilities program.
14 (a) The Department shall establish and provide oversight
15for a program of supportive living facilities that seek to
16promote resident independence, dignity, respect, and
17well-being in the most cost-effective manner.
18 A supportive living facility is (i) a free-standing
19facility or (ii) a distinct physical and operational entity
20within a mixed-use building that meets the criteria established
21in subsection (d). A supportive living facility integrates
22housing with health, personal care, and supportive services and
23is a designated setting that offers residents their own
24separate, private, and distinct living units.
25 Sites for the operation of the program shall be selected by

HB3342 Enrolled- 436 -LRB100 08528 SMS 18653 b
1the Department based upon criteria that may include the need
2for services in a geographic area, the availability of funding,
3and the site's ability to meet the standards.
4 (b) Beginning July 1, 2014, subject to federal approval,
5the Medicaid rates for supportive living facilities shall be
6equal to the supportive living facility Medicaid rate effective
7on June 30, 2014 increased by 8.85%. Once the assessment
8imposed at Article V-G of this Code is determined to be a
9permissible tax under Title XIX of the Social Security Act, the
10Department shall increase the Medicaid rates for supportive
11living facilities effective on July 1, 2014 by 9.09%. The
12Department shall apply this increase retroactively to coincide
13with the imposition of the assessment in Article V-G of this
14Code in accordance with the approval for federal financial
15participation by the Centers for Medicare and Medicaid
16Services.
17 The Medicaid rates for supportive living facilities
18effective on July 1, 2017 must be equal to the rates in effect
19for supportive living facilities on June 30, 2017 increased by
202.8%.
21 The Medicaid rates for supportive living facilities
22effective on July 1, 2018 must be equal to the rates in effect
23for supportive living facilities on June 30, 2018.
24 (c) The Department may adopt rules to implement this
25Section. Rules that establish or modify the services,
26standards, and conditions for participation in the program

HB3342 Enrolled- 437 -LRB100 08528 SMS 18653 b
1shall be adopted by the Department in consultation with the
2Department on Aging, the Department of Rehabilitation
3Services, and the Department of Mental Health and Developmental
4Disabilities (or their successor agencies).
5 (d) Subject to federal approval by the Centers for Medicare
6and Medicaid Services, the Department shall accept for
7consideration of certification under the program any
8application for a site or building where distinct parts of the
9site or building are designated for purposes other than the
10provision of supportive living services, but only if:
11 (1) those distinct parts of the site or building are
12 not designated for the purpose of providing assisted living
13 services as required under the Assisted Living and Shared
14 Housing Act;
15 (2) those distinct parts of the site or building are
16 completely separate from the part of the building used for
17 the provision of supportive living program services,
18 including separate entrances;
19 (3) those distinct parts of the site or building do not
20 share any common spaces with the part of the building used
21 for the provision of supportive living program services;
22 and
23 (4) those distinct parts of the site or building do not
24 share staffing with the part of the building used for the
25 provision of supportive living program services.
26 (e) Facilities or distinct parts of facilities which are

HB3342 Enrolled- 438 -LRB100 08528 SMS 18653 b
1selected as supportive living facilities and are in good
2standing with the Department's rules are exempt from the
3provisions of the Nursing Home Care Act and the Illinois Health
4Facilities Planning Act.
5(Source: P.A. 100-23, eff. 7-6-17; 100-583, eff. 4-6-18.)
6 (305 ILCS 5/5-5.05a new)
7 Sec. 5-5.05a. Reimbursement rates; community mental health
8centers. Notwithstanding the provisions of any other law,
9reimbursement rates, including enhanced payment rates and rate
10add-ons, for psychiatric and behavioral health services
11provided in or by community mental health centers licensed or
12certified by the Department of Human Services shall not be
13lower than the rates for such services in effect on November 1,
142017. The Department of Healthcare and Family Services shall
15apply for any waiver or State Plan amendment, if required, to
16implement the reimbursement rates established in this Section.
17Implementation of the reimbursement rates shall be contingent
18on federal approval.
19 (305 ILCS 5/5-5.12b new)
20 Sec. 5-5.12b. Critical access care pharmacy program.
21 (a) As used in this Section:
22 "Critical access care pharmacy" means an Illinois-based
23brick and mortar pharmacy that is located in a county with
24fewer than 50,000 residents and that owns fewer than 10

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1pharmacies.
2 "Critical access care pharmacy program payment" means the
3number of individual prescriptions a critical access care
4pharmacy fills during that quarter multiplied by the lesser of
5the individual payment amount or the dispensing reimbursement
6rate made by the Department under the medical assistance
7program as of April 1, 2018.
8 "Individual payment amount" means the dividend of 1/4 of
9the annual amount appropriated for the critical access care
10pharmacy program by the number of prescriptions filled by all
11critical access care pharmacies reimbursed by Medicaid managed
12care organizations that quarter.
13 (b) Subject to appropriations, the Department shall
14establish a critical access care pharmacy program to ensure the
15sustainability of critical access pharmacies throughout the
16State of Illinois.
17 (c) The critical access care pharmacy program shall not
18exceed $10,000,000 annually and individual payment amounts per
19prescription shall not exceed the dispensing rate that the
20Department would have reimbursed under the Medical Assistance
21Program as of April 1, 2018.
22 (d) Quarterly, the Department shall determine the number of
23prescriptions filled by critical access care pharmacies
24reimbursed by Medicaid managed care organizations utilizing
25encounter data available to the Department. The Department
26shall determine the individual payment amount per prescription

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1by dividing 1/4 of the annual amount appropriated for the
2critical access care pharmacy program by the number of
3prescriptions filled by all critical access care pharmacies
4reimbursed by Medicaid managed care organizations that
5quarter. If the individual payment amount per prescription as
6calculated using quarterly prescription amounts exceeds the
7reimbursement rate under the medical assistance program as of
8April 1, 2018, then the individual payment amount per
9prescription shall be the dispensing reimbursement rate under
10the medical assistance program as of April 1, 2018.
11 (e) Quarterly, the Department shall distribute to critical
12access care pharmacies a critical access care pharmacy program
13payment. The first payment shall be calculated utilizing the
14encounter data from the last quarter of State fiscal year 2018.
15 (f) The Department may adopt rules permitting an
16Illinois-based brick and mortar pharmacy that owns fewer than
1710 pharmacies to receive critical access care pharmacy program
18payments in the same manner as a critical access care pharmacy,
19regardless of whether the pharmacy is located in a county with
20a population of less than 50,000.
21 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
22 Sec. 9A-11. Child care.
23 (a) The General Assembly recognizes that families with
24children need child care in order to work. Child care is
25expensive and families with low incomes, including those who

HB3342 Enrolled- 441 -LRB100 08528 SMS 18653 b
1are transitioning from welfare to work, often struggle to pay
2the costs of day care. The General Assembly understands the
3importance of helping low income working families become and
4remain self-sufficient. The General Assembly also believes
5that it is the responsibility of families to share in the costs
6of child care. It is also the preference of the General
7Assembly that all working poor families should be treated
8equally, regardless of their welfare status.
9 (b) To the extent resources permit, the Illinois Department
10shall provide child care services to parents or other relatives
11as defined by rule who are working or participating in
12employment or Department approved education or training
13programs. At a minimum, the Illinois Department shall cover the
14following categories of families:
15 (1) recipients of TANF under Article IV participating
16 in work and training activities as specified in the
17 personal plan for employment and self-sufficiency;
18 (2) families transitioning from TANF to work;
19 (3) families at risk of becoming recipients of TANF;
20 (4) families with special needs as defined by rule;
21 (5) working families with very low incomes as defined
22 by rule; and
23 (6) families that are not recipients of TANF and that
24 need child care assistance to participate in education and
25 training activities.
26 The Department shall specify by rule the conditions of

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1eligibility, the application process, and the types, amounts,
2and duration of services. Eligibility for child care benefits
3and the amount of child care provided may vary based on family
4size, income, and other factors as specified by rule.
5 In determining income eligibility for child care benefits,
6the Department annually, at the beginning of each fiscal year,
7shall establish, by rule, one income threshold for each family
8size, in relation to percentage of State median income for a
9family of that size, that makes families with incomes below the
10specified threshold eligible for assistance and families with
11incomes above the specified threshold ineligible for
12assistance. Through and including fiscal year 2007, the
13specified threshold must be no less than 50% of the
14then-current State median income for each family size.
15Beginning in fiscal year 2008, the specified threshold must be
16no less than 185% of the then-current federal poverty level for
17each family size.
18 In determining eligibility for assistance, the Department
19shall not give preference to any category of recipients or give
20preference to individuals based on their receipt of benefits
21under this Code.
22 Nothing in this Section shall be construed as conferring
23entitlement status to eligible families.
24 The Illinois Department is authorized to lower income
25eligibility ceilings, raise parent co-payments, create waiting
26lists, or take such other actions during a fiscal year as are

HB3342 Enrolled- 443 -LRB100 08528 SMS 18653 b
1necessary to ensure that child care benefits paid under this
2Article do not exceed the amounts appropriated for those child
3care benefits. These changes may be accomplished by emergency
4rule under Section 5-45 of the Illinois Administrative
5Procedure Act, except that the limitation on the number of
6emergency rules that may be adopted in a 24-month period shall
7not apply.
8 The Illinois Department may contract with other State
9agencies or child care organizations for the administration of
10child care services.
11 (c) Payment shall be made for child care that otherwise
12meets the requirements of this Section and applicable standards
13of State and local law and regulation, including any
14requirements the Illinois Department promulgates by rule in
15addition to the licensure requirements promulgated by the
16Department of Children and Family Services and Fire Prevention
17and Safety requirements promulgated by the Office of the State
18Fire Marshal and is provided in any of the following:
19 (1) a child care center which is licensed or exempt
20 from licensure pursuant to Section 2.09 of the Child Care
21 Act of 1969;
22 (2) a licensed child care home or home exempt from
23 licensing;
24 (3) a licensed group child care home;
25 (4) other types of child care, including child care
26 provided by relatives or persons living in the same home as

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

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1selected representative rights under the Illinois Public Labor
2Relations Act, the State intends that the State action
3exemption to application of federal and State antitrust laws be
4fully available to the extent that their activities are
5authorized by this amendatory Act of the 94th General Assembly.
6 (d) The Illinois Department shall establish, by rule, a
7co-payment scale that provides for cost sharing by families
8that receive child care services, including parents whose only
9income is from assistance under this Code. The co-payment shall
10be based on family income and family size and may be based on
11other factors as appropriate. Co-payments may be waived for
12families whose incomes are at or below the federal poverty
13level.
14 (d-5) The Illinois Department, in consultation with its
15Child Care and Development Advisory Council, shall develop a
16plan to revise the child care assistance program's co-payment
17scale. The plan shall be completed no later than February 1,
182008, and shall include:
19 (1) findings as to the percentage of income that the
20 average American family spends on child care and the
21 relative amounts that low-income families and the average
22 American family spend on other necessities of life;
23 (2) recommendations for revising the child care
24 co-payment scale to assure that families receiving child
25 care services from the Department are paying no more than
26 they can reasonably afford;

HB3342 Enrolled- 446 -LRB100 08528 SMS 18653 b
1 (3) recommendations for revising the child care
2 co-payment scale to provide at-risk children with complete
3 access to Preschool for All and Head Start; and
4 (4) recommendations for changes in child care program
5 policies that affect the affordability of child care.
6 (e) (Blank).
7 (f) The Illinois Department shall, by rule, set rates to be
8paid for the various types of child care. Child care may be
9provided through one of the following methods:
10 (1) arranging the child care through eligible
11 providers by use of purchase of service contracts or
12 vouchers;
13 (2) arranging with other agencies and community
14 volunteer groups for non-reimbursed child care;
15 (3) (blank); or
16 (4) adopting such other arrangements as the Department
17 determines appropriate.
18 (f-1) Within 30 days after the effective date of this
19amendatory Act of the 100th General Assembly, the Department of
20Human Services shall establish rates for child care providers
21that are no less than the rates in effect on January 1, 2018
22increased by 4.26%.
23 (f-5) (Blank).
24 (g) Families eligible for assistance under this Section
25shall be given the following options:
26 (1) receiving a child care certificate issued by the

HB3342 Enrolled- 447 -LRB100 08528 SMS 18653 b
1 Department or a subcontractor of the Department that may be
2 used by the parents as payment for child care and
3 development services only; or
4 (2) if space is available, enrolling the child with a
5 child care provider that has a purchase of service contract
6 with the Department or a subcontractor of the Department
7 for the provision of child care and development services.
8 The Department may identify particular priority
9 populations for whom they may request special
10 consideration by a provider with purchase of service
11 contracts, provided that the providers shall be permitted
12 to maintain a balance of clients in terms of household
13 incomes and families and children with special needs, as
14 defined by rule.
15(Source: P.A. 100-387, eff. 8-25-17.)
16 (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
17 Sec. 12-4.11. Grant amounts. The Department, with due
18regard for and subject to budgetary limitations, shall
19establish grant amounts for each of the programs, by
20regulation. The grant amounts may vary by program, size of
21assistance unit and geographic area. Grant amounts under the
22Temporary Assistance for Needy Families (TANF) program may not
23vary on the basis of a TANF recipient's county of residence.
24 Aid payments shall not be reduced except: (1) for changes
25in the cost of items included in the grant amounts, or (2) for

HB3342 Enrolled- 448 -LRB100 08528 SMS 18653 b
1changes in the expenses of the recipient, or (3) for changes in
2the income or resources available to the recipient, or (4) for
3changes in grants resulting from adoption of a consolidated
4grant amount.
5 The maximum benefit levels provided to TANF recipients
6shall increase as follows: beginning October 1, 2018, the
7Department of Human Services shall increase TANF grant amounts
8in effect on September 30, 2018 to at least 30% of the most
9recent United States Department of Health and Human Services
10Federal Poverty Guidelines for each family size.
11 TANF grants for child-only assistance units shall be at
12least 75% of TANF grants for assistance units of the same size
13that consist of a caretaker relative with children.
14 Subject to appropriation, beginning on July 1, 2008, the
15Department of Human Services shall increase TANF grant amounts
16in effect on June 30, 2008 by 15%. The Department is authorized
17to administer this increase but may not otherwise adopt any
18rule to implement this increase.
19 In fixing standards to govern payments or reimbursements
20for funeral and burial expenses, the Department shall establish
21a minimum allowable amount of not less than $1,000 for
22Department payment of funeral services and not less than $500
23for Department payment of burial or cremation services. On
24January 1, 2006, July 1, 2006, and July 1, 2007, the Department
25shall increase the minimum reimbursement amount for funeral and
26burial expenses under this Section by a percentage equal to the

HB3342 Enrolled- 449 -LRB100 08528 SMS 18653 b
1percentage increase in the Consumer Price Index for All Urban
2Consumers, if any, during the 12 months immediately preceding
3that January 1 or July 1. In establishing the minimum allowable
4amount, the Department shall take into account the services
5essential to a dignified, low-cost (i) funeral and (ii) burial
6or cremation, including reasonable amounts that may be
7necessary for burial space and cemetery charges, and any
8applicable taxes or other required governmental fees or
9charges. If no person has agreed to pay the total cost of the
10(i) funeral and (ii) burial or cremation charges, the
11Department shall pay the vendor the actual costs of the (i)
12funeral and (ii) burial or cremation, or the minimum allowable
13amount for each service as established by the Department,
14whichever is less, provided that the Department reduces its
15payments by the amount available from the following sources:
16the decedent's assets and available resources and the
17anticipated amounts of any death benefits available to the
18decedent's estate, and amounts paid and arranged to be paid by
19the decedent's legally responsible relatives. A legally
20responsible relative is expected to pay (i) funeral and (ii)
21burial or cremation expenses unless financially unable to do
22so.
23 Nothing contained in this Section or in any other Section
24of this Code shall be construed to prohibit the Illinois
25Department (1) from consolidating existing standards on the
26basis of any standards which are or were in effect on, or

HB3342 Enrolled- 450 -LRB100 08528 SMS 18653 b
1subsequent to July 1, 1969, or (2) from employing any
2consolidated standards in determining need for public aid and
3the amount of money payment or grant for individual recipients
4or recipient families.
5(Source: P.A. 95-744, eff. 7-18-08; 95-1055, eff. 4-10-09;
696-1000, eff. 7-2-10.)
7
ARTICLE 70. GENERAL ASSEMBLY
8 Section 70-5. The General Assembly Compensation Act is
9amended by changing Section 1 as follows:
10 (25 ILCS 115/1) (from Ch. 63, par. 14)
11 Sec. 1. Each member of the General Assembly shall receive
12an annual salary of $28,000 or as set by the Compensation
13Review Board, whichever is greater. The following named
14officers, committee chairmen and committee minority spokesmen
15shall receive additional amounts per year for their services as
16such officers, committee chairmen and committee minority
17spokesmen respectively, as set by the Compensation Review Board
18or, as follows, whichever is greater: Beginning the second
19Wednesday in January 1989, the Speaker and the minority leader
20of the House of Representatives and the President and the
21minority leader of the Senate, $16,000 each; the majority
22leader in the House of Representatives $13,500; 6 assistant
23majority leaders and 5 assistant minority leaders in the

HB3342 Enrolled- 451 -LRB100 08528 SMS 18653 b
1Senate, $12,000 each; 6 assistant majority leaders and 6
2assistant minority leaders in the House of Representatives,
3$10,500 each; 2 Deputy Majority leaders in the House of
4Representatives $11,500 each; and 2 Deputy Minority leaders in
5the House of Representatives, $11,500 each; the majority caucus
6chairman and minority caucus chairman in the Senate, $12,000
7each; and beginning the second Wednesday in January, 1989, the
8majority conference chairman and the minority conference
9chairman in the House of Representatives, $10,500 each;
10beginning the second Wednesday in January, 1989, the chairman
11and minority spokesman of each standing committee of the
12Senate, except the Rules Committee, the Committee on
13Committees, and the Committee on Assignment of Bills, $6,000
14each; and beginning the second Wednesday in January, 1989, the
15chairman and minority spokesman of each standing and select
16committee of the House of Representatives, $6,000 each. A
17member who serves in more than one position as an officer,
18committee chairman, or committee minority spokesman shall
19receive only one additional amount based on the position paying
20the highest additional amount. The compensation provided for in
21this Section to be paid per year to members of the General
22Assembly, including the additional sums payable per year to
23officers of the General Assembly shall be paid in 12 equal
24monthly installments. The first such installment is payable on
25January 31, 1977. All subsequent equal monthly installments are
26payable on the last working day of the month. A member who has

HB3342 Enrolled- 452 -LRB100 08528 SMS 18653 b
1held office any part of a month is entitled to compensation for
2an entire month.
3 Mileage shall be paid at the rate of 20 cents per mile
4before January 9, 1985, and at the mileage allowance rate in
5effect under regulations promulgated pursuant to 5 U.S.C.
65707(b)(2) beginning January 9, 1985, for the number of actual
7highway miles necessarily and conveniently traveled by the most
8feasible route to be present upon convening of the sessions of
9the General Assembly by such member in each and every trip
10during each session in going to and returning from the seat of
11government, to be computed by the Comptroller. A member
12traveling by public transportation for such purposes, however,
13shall be paid his actual cost of that transportation instead of
14on the mileage rate if his cost of public transportation
15exceeds the amount to which he would be entitled on a mileage
16basis. No member may be paid, whether on a mileage basis or for
17actual costs of public transportation, for more than one such
18trip for each week the General Assembly is actually in session.
19Each member shall also receive an allowance of $36 per day for
20lodging and meals while in attendance at sessions of the
21General Assembly before January 9, 1985; beginning January 9,
221985, such food and lodging allowance shall be equal to the
23amount per day permitted to be deducted for such expenses under
24the Internal Revenue Code; however, beginning May 31, 1995, no
25allowance for food and lodging while in attendance at sessions
26is authorized for periods of time after the last day in May of

HB3342 Enrolled- 453 -LRB100 08528 SMS 18653 b
1each calendar year, except (i) if the General Assembly is
2convened in special session by either the Governor or the
3presiding officers of both houses, as provided by subsection
4(b) of Section 5 of Article IV of the Illinois Constitution or
5(ii) if the General Assembly is convened to consider bills
6vetoed, item vetoed, reduced, or returned with specific
7recommendations for change by the Governor as provided in
8Section 9 of Article IV of the Illinois Constitution. For
9fiscal year 2011 and for session days in fiscal years 2012,
102013, 2014, 2015, 2016, 2017, and 2018, and 2019 only (i) the
11allowance for lodging and meals is $111 per day and (ii)
12mileage for automobile travel shall be reimbursed at a rate of
13$0.39 per mile.
14 Notwithstanding any other provision of law to the contrary,
15beginning in fiscal year 2012, travel reimbursement for General
16Assembly members on non-session days shall be calculated using
17the guidelines set forth by the Legislative Travel Control
18Board, except that fiscal year 2012, 2013, 2014, 2015, 2016,
192017, and 2018, and 2019 mileage reimbursement is set at a rate
20of $0.39 per mile.
21 If a member dies having received only a portion of the
22amount payable as compensation, the unpaid balance shall be
23paid to the surviving spouse of such member, or, if there be
24none, to the estate of such member.
25(Source: P.A. 99-355, eff. 8-13-15; 99-523, eff. 6-30-16;
26100-25, eff. 7-26-17.)

HB3342 Enrolled- 454 -LRB100 08528 SMS 18653 b
1 Section 70-10. The Compensation Review Act is amended by
2adding Section 6.6 as follows:
3 (25 ILCS 120/6.6 new)
4 Sec. 6.6. FY19 COLAs prohibited. Notwithstanding any
5former or current provision of this Act, any other law, any
6report of the Compensation Review Board, or any resolution of
7the General Assembly to the contrary, members of the General
8Assembly, elected executive branch constitutional officers of
9State government, and persons in certain appointed offices of
10State government, including the membership of State
11departments, agencies, boards, and commissions, whose annual
12compensation previously was recommended or determined by the
13Compensation Review Board, are prohibited from receiving and
14shall not receive any increase in compensation that would
15otherwise apply based on a cost of living adjustment, as
16authorized by Senate Joint Resolution 192 of the 86th General
17Assembly, for or during the fiscal year beginning July 1, 2018.
18
ARTICLE 75. TAX PROVISIONS
19 Section 75-5. The Illinois Income Tax Act is amended by
20changing Sections 223 and 227 as follows:
21 (35 ILCS 5/223)

HB3342 Enrolled- 455 -LRB100 08528 SMS 18653 b
1 Sec. 223. Hospital credit.
2 (a) For tax years ending on or after December 31, 2012 and
3ending on or before December 31, 2022, a taxpayer that is the
4owner of a hospital licensed under the Hospital Licensing Act,
5but not including an organization that is exempt from federal
6income taxes under the Internal Revenue Code, is entitled to a
7credit against the taxes imposed under subsections (a) and (b)
8of Section 201 of this Act in an amount equal to the lesser of
9the amount of real property taxes paid during the tax year on
10real property used for hospital purposes during the prior tax
11year or the cost of free or discounted services provided during
12the tax year pursuant to the hospital's charitable financial
13assistance policy, measured at cost.
14 (b) If the taxpayer is a partnership or Subchapter S
15corporation, the credit is allowed to the partners or
16shareholders in accordance with the determination of income and
17distributive share of income under Sections 702 and 704 and
18Subchapter S of the Internal Revenue Code. A transfer of this
19credit may be made by the taxpayer earning the credit within
20one year after the credit is earned in accordance with rules
21adopted by the Department. The Department shall prescribe rules
22to enforce and administer provisions of this Section. If the
23amount of the credit exceeds the tax liability for the year,
24then the excess credit may be carried forward and applied to
25the tax liability of the 5 taxable years following the excess
26credit year. The credit shall be applied to the earliest year

HB3342 Enrolled- 456 -LRB100 08528 SMS 18653 b
1for which there is a tax liability. If there are credits from
2more than one tax year that are available to offset a
3liability, the earlier credit shall be applied first. In no
4event shall a credit under this Section reduce the taxpayer's
5liability to less than zero.
6(Source: P.A. 97-688, eff. 6-14-12.)
7 (35 ILCS 5/227 new)
8 Sec. 227. Adoption credit.
9 (a) Beginning with tax years ending on or after December
1031, 2018, in the case of an individual taxpayer there shall be
11allowed a credit against the tax imposed by subsections (a) and
12(b) of Section 201 in an amount equal to the amount of the
13federal adoption tax credit received pursuant to Section 23 of
14the Internal Revenue Code with respect to the adoption of a
15qualifying dependent child, subject to the limitations set
16forth in this subsection and subsection (b). The aggregate
17amount of qualified adoption expenses which may be taken into
18account under this Section for all taxable years with respect
19to the adoption of a qualifying dependent child by the taxpayer
20shall not exceed $2,000 ($1,000 in the case of a married
21individual filing a separate return). The credit under this
22Section shall be allowed: (i) in the case of any expense paid
23or incurred before the taxable year in which such adoption
24becomes final, for the taxable year following the taxable year
25during which such expense is paid or incurred, and (ii) in the

HB3342 Enrolled- 457 -LRB100 08528 SMS 18653 b
1case of an expense paid or incurred during or after the taxable
2year in which such adoption becomes final, for the taxable year
3in which such expense is paid or incurred. No credit shall be
4allowed under this Section for any expense to the extent that
5funds for such expense are received under any Federal, State,
6or local program. For purposes of this Section, spouses filing
7a joint return shall be considered one taxpayer.
8 For a non-resident or part-year resident, the amount of the
9credit under this Section shall be in proportion to the amount
10of income attributable to this State.
11 (b) Increased credit amount for resident children. With
12respect to the adoption of an eligible child who is at least
13one year old and resides in Illinois at the time the expenses
14are paid or incurred, subsection (a) shall be applied by
15substituting $5,000 ($2,500 in the case of a married individual
16filing a separate return) for $2,000.
17 (c) In no event shall a credit under this Section reduce
18the taxpayer's liability to less than zero. If the amount of
19the credit exceeds the income tax liability for the applicable
20tax year, the excess may be carried forward and applied to the
21tax liability of the 5 taxable years following the excess
22credit year. The credit shall be applied to the earliest year
23for which there is a tax liability. If there are credits from
24more than one year that are available to offset a liability,
25the earlier credit shall be applied first.
26 (d) The term "qualified adoption expenses" shall have the

HB3342 Enrolled- 458 -LRB100 08528 SMS 18653 b
1same meaning as under Section 23(d) of the Internal Revenue
2Code.
3
ARTICLE 80. MARKETPLACE FAIRNESS
4 Section 80-5. The Use Tax Act is amended by changing
5Section 2 as follows:
6 (35 ILCS 105/2) (from Ch. 120, par. 439.2)
7 Sec. 2. Definitions.
8 "Use" means the exercise by any person of any right or
9power over tangible personal property incident to the ownership
10of that property, except that it does not include the sale of
11such property in any form as tangible personal property in the
12regular course of business to the extent that such property is
13not first subjected to a use for which it was purchased, and
14does not include the use of such property by its owner for
15demonstration purposes: Provided that the property purchased
16is deemed to be purchased for the purpose of resale, despite
17first being used, to the extent to which it is resold as an
18ingredient of an intentionally produced product or by-product
19of manufacturing. "Use" does not mean the demonstration use or
20interim use of tangible personal property by a retailer before
21he sells that tangible personal property. For watercraft or
22aircraft, if the period of demonstration use or interim use by
23the retailer exceeds 18 months, the retailer shall pay on the

HB3342 Enrolled- 459 -LRB100 08528 SMS 18653 b
1retailers' original cost price the tax imposed by this Act, and
2no credit for that tax is permitted if the watercraft or
3aircraft is subsequently sold by the retailer. "Use" does not
4mean the physical incorporation of tangible personal property,
5to the extent not first subjected to a use for which it was
6purchased, as an ingredient or constituent, into other tangible
7personal property (a) which is sold in the regular course of
8business or (b) which the person incorporating such ingredient
9or constituent therein has undertaken at the time of such
10purchase to cause to be transported in interstate commerce to
11destinations outside the State of Illinois: Provided that the
12property purchased is deemed to be purchased for the purpose of
13resale, despite first being used, to the extent to which it is
14resold as an ingredient of an intentionally produced product or
15by-product of manufacturing.
16 "Watercraft" means a Class 2, Class 3, or Class 4
17watercraft as defined in Section 3-2 of the Boat Registration
18and Safety Act, a personal watercraft, or any boat equipped
19with an inboard motor.
20 "Purchase at retail" means the acquisition of the ownership
21of or title to tangible personal property through a sale at
22retail.
23 "Purchaser" means anyone who, through a sale at retail,
24acquires the ownership of tangible personal property for a
25valuable consideration.
26 "Sale at retail" means any transfer of the ownership of or

HB3342 Enrolled- 460 -LRB100 08528 SMS 18653 b
1title to tangible personal property to a purchaser, for the
2purpose of use, and not for the purpose of resale in any form
3as tangible personal property to the extent not first subjected
4to a use for which it was purchased, for a valuable
5consideration: Provided that the property purchased is deemed
6to be purchased for the purpose of resale, despite first being
7used, to the extent to which it is resold as an ingredient of
8an intentionally produced product or by-product of
9manufacturing. For this purpose, slag produced as an incident
10to manufacturing pig iron or steel and sold is considered to be
11an intentionally produced by-product of manufacturing. "Sale
12at retail" includes any such transfer made for resale unless
13made in compliance with Section 2c of the Retailers' Occupation
14Tax Act, as incorporated by reference into Section 12 of this
15Act. Transactions whereby the possession of the property is
16transferred but the seller retains the title as security for
17payment of the selling price are sales.
18 "Sale at retail" shall also be construed to include any
19Illinois florist's sales transaction in which the purchase
20order is received in Illinois by a florist and the sale is for
21use or consumption, but the Illinois florist has a florist in
22another state deliver the property to the purchaser or the
23purchaser's donee in such other state.
24 Nonreusable tangible personal property that is used by
25persons engaged in the business of operating a restaurant,
26cafeteria, or drive-in is a sale for resale when it is

HB3342 Enrolled- 461 -LRB100 08528 SMS 18653 b
1transferred to customers in the ordinary course of business as
2part of the sale of food or beverages and is used to deliver,
3package, or consume food or beverages, regardless of where
4consumption of the food or beverages occurs. Examples of those
5items include, but are not limited to nonreusable, paper and
6plastic cups, plates, baskets, boxes, sleeves, buckets or other
7containers, utensils, straws, placemats, napkins, doggie bags,
8and wrapping or packaging materials that are transferred to
9customers as part of the sale of food or beverages in the
10ordinary course of business.
11 The purchase, employment and transfer of such tangible
12personal property as newsprint and ink for the primary purpose
13of conveying news (with or without other information) is not a
14purchase, use or sale of tangible personal property.
15 "Selling price" means the consideration for a sale valued
16in money whether received in money or otherwise, including
17cash, credits, property other than as hereinafter provided, and
18services, but not including the value of or credit given for
19traded-in tangible personal property where the item that is
20traded-in is of like kind and character as that which is being
21sold, and shall be determined without any deduction on account
22of the cost of the property sold, the cost of materials used,
23labor or service cost or any other expense whatsoever, but does
24not include interest or finance charges which appear as
25separate items on the bill of sale or sales contract nor
26charges that are added to prices by sellers on account of the

HB3342 Enrolled- 462 -LRB100 08528 SMS 18653 b
1seller's tax liability under the "Retailers' Occupation Tax
2Act", or on account of the seller's duty to collect, from the
3purchaser, the tax that is imposed by this Act, or, except as
4otherwise provided with respect to any cigarette tax imposed by
5a home rule unit, on account of the seller's tax liability
6under any local occupation tax administered by the Department,
7or, except as otherwise provided with respect to any cigarette
8tax imposed by a home rule unit on account of the seller's duty
9to collect, from the purchasers, the tax that is imposed under
10any local use tax administered by the Department. Effective
11December 1, 1985, "selling price" shall include charges that
12are added to prices by sellers on account of the seller's tax
13liability under the Cigarette Tax Act, on account of the
14seller's duty to collect, from the purchaser, the tax imposed
15under the Cigarette Use Tax Act, and on account of the seller's
16duty to collect, from the purchaser, any cigarette tax imposed
17by a home rule unit.
18 Notwithstanding any law to the contrary, for any motor
19vehicle, as defined in Section 1-146 of the Vehicle Code, that
20is sold on or after January 1, 2015 for the purpose of leasing
21the vehicle for a defined period that is longer than one year
22and (1) is a motor vehicle of the second division that: (A) is
23a self-contained motor vehicle designed or permanently
24converted to provide living quarters for recreational,
25camping, or travel use, with direct walk through access to the
26living quarters from the driver's seat; (B) is of the van

HB3342 Enrolled- 463 -LRB100 08528 SMS 18653 b
1configuration designed for the transportation of not less than
27 nor more than 16 passengers; or (C) has a gross vehicle
3weight rating of 8,000 pounds or less or (2) is a motor vehicle
4of the first division, "selling price" or "amount of sale"
5means the consideration received by the lessor pursuant to the
6lease contract, including amounts due at lease signing and all
7monthly or other regular payments charged over the term of the
8lease. Also included in the selling price is any amount
9received by the lessor from the lessee for the leased vehicle
10that is not calculated at the time the lease is executed,
11including, but not limited to, excess mileage charges and
12charges for excess wear and tear. For sales that occur in
13Illinois, with respect to any amount received by the lessor
14from the lessee for the leased vehicle that is not calculated
15at the time the lease is executed, the lessor who purchased the
16motor vehicle does not incur the tax imposed by the Use Tax Act
17on those amounts, and the retailer who makes the retail sale of
18the motor vehicle to the lessor is not required to collect the
19tax imposed by this Act or to pay the tax imposed by the
20Retailers' Occupation Tax Act on those amounts. However, the
21lessor who purchased the motor vehicle assumes the liability
22for reporting and paying the tax on those amounts directly to
23the Department in the same form (Illinois Retailers' Occupation
24Tax, and local retailers' occupation taxes, if applicable) in
25which the retailer would have reported and paid such tax if the
26retailer had accounted for the tax to the Department. For

HB3342 Enrolled- 464 -LRB100 08528 SMS 18653 b
1amounts received by the lessor from the lessee that are not
2calculated at the time the lease is executed, the lessor must
3file the return and pay the tax to the Department by the due
4date otherwise required by this Act for returns other than
5transaction returns. If the retailer is entitled under this Act
6to a discount for collecting and remitting the tax imposed
7under this Act to the Department with respect to the sale of
8the motor vehicle to the lessor, then the right to the discount
9provided in this Act shall be transferred to the lessor with
10respect to the tax paid by the lessor for any amount received
11by the lessor from the lessee for the leased vehicle that is
12not calculated at the time the lease is executed; provided that
13the discount is only allowed if the return is timely filed and
14for amounts timely paid. The "selling price" of a motor vehicle
15that is sold on or after January 1, 2015 for the purpose of
16leasing for a defined period of longer than one year shall not
17be reduced by the value of or credit given for traded-in
18tangible personal property owned by the lessor, nor shall it be
19reduced by the value of or credit given for traded-in tangible
20personal property owned by the lessee, regardless of whether
21the trade-in value thereof is assigned by the lessee to the
22lessor. In the case of a motor vehicle that is sold for the
23purpose of leasing for a defined period of longer than one
24year, the sale occurs at the time of the delivery of the
25vehicle, regardless of the due date of any lease payments. A
26lessor who incurs a Retailers' Occupation Tax liability on the

HB3342 Enrolled- 465 -LRB100 08528 SMS 18653 b
1sale of a motor vehicle coming off lease may not take a credit
2against that liability for the Use Tax the lessor paid upon the
3purchase of the motor vehicle (or for any tax the lessor paid
4with respect to any amount received by the lessor from the
5lessee for the leased vehicle that was not calculated at the
6time the lease was executed) if the selling price of the motor
7vehicle at the time of purchase was calculated using the
8definition of "selling price" as defined in this paragraph.
9Notwithstanding any other provision of this Act to the
10contrary, lessors shall file all returns and make all payments
11required under this paragraph to the Department by electronic
12means in the manner and form as required by the Department.
13This paragraph does not apply to leases of motor vehicles for
14which, at the time the lease is entered into, the term of the
15lease is not a defined period, including leases with a defined
16initial period with the option to continue the lease on a
17month-to-month or other basis beyond the initial defined
18period.
19 The phrase "like kind and character" shall be liberally
20construed (including but not limited to any form of motor
21vehicle for any form of motor vehicle, or any kind of farm or
22agricultural implement for any other kind of farm or
23agricultural implement), while not including a kind of item
24which, if sold at retail by that retailer, would be exempt from
25retailers' occupation tax and use tax as an isolated or
26occasional sale.

HB3342 Enrolled- 466 -LRB100 08528 SMS 18653 b
1 "Department" means the Department of Revenue.
2 "Person" means any natural individual, firm, partnership,
3association, joint stock company, joint adventure, public or
4private corporation, limited liability company, or a receiver,
5executor, trustee, guardian or other representative appointed
6by order of any court.
7 "Retailer" means and includes every person engaged in the
8business of making sales at retail as defined in this Section.
9 A person who holds himself or herself out as being engaged
10(or who habitually engages) in selling tangible personal
11property at retail is a retailer hereunder with respect to such
12sales (and not primarily in a service occupation)
13notwithstanding the fact that such person designs and produces
14such tangible personal property on special order for the
15purchaser and in such a way as to render the property of value
16only to such purchaser, if such tangible personal property so
17produced on special order serves substantially the same
18function as stock or standard items of tangible personal
19property that are sold at retail.
20 A person whose activities are organized and conducted
21primarily as a not-for-profit service enterprise, and who
22engages in selling tangible personal property at retail
23(whether to the public or merely to members and their guests)
24is a retailer with respect to such transactions, excepting only
25a person organized and operated exclusively for charitable,
26religious or educational purposes either (1), to the extent of

HB3342 Enrolled- 467 -LRB100 08528 SMS 18653 b
1sales by such person to its members, students, patients or
2inmates of tangible personal property to be used primarily for
3the purposes of such person, or (2), to the extent of sales by
4such person of tangible personal property which is not sold or
5offered for sale by persons organized for profit. The selling
6of school books and school supplies by schools at retail to
7students is not "primarily for the purposes of" the school
8which does such selling. This paragraph does not apply to nor
9subject to taxation occasional dinners, social or similar
10activities of a person organized and operated exclusively for
11charitable, religious or educational purposes, whether or not
12such activities are open to the public.
13 A person who is the recipient of a grant or contract under
14Title VII of the Older Americans Act of 1965 (P.L. 92-258) and
15serves meals to participants in the federal Nutrition Program
16for the Elderly in return for contributions established in
17amount by the individual participant pursuant to a schedule of
18suggested fees as provided for in the federal Act is not a
19retailer under this Act with respect to such transactions.
20 Persons who engage in the business of transferring tangible
21personal property upon the redemption of trading stamps are
22retailers hereunder when engaged in such business.
23 The isolated or occasional sale of tangible personal
24property at retail by a person who does not hold himself out as
25being engaged (or who does not habitually engage) in selling
26such tangible personal property at retail or a sale through a

HB3342 Enrolled- 468 -LRB100 08528 SMS 18653 b
1bulk vending machine does not make such person a retailer
2hereunder. However, any person who is engaged in a business
3which is not subject to the tax imposed by the "Retailers'
4Occupation Tax Act" because of involving the sale of or a
5contract to sell real estate or a construction contract to
6improve real estate, but who, in the course of conducting such
7business, transfers tangible personal property to users or
8consumers in the finished form in which it was purchased, and
9which does not become real estate, under any provision of a
10construction contract or real estate sale or real estate sales
11agreement entered into with some other person arising out of or
12because of such nontaxable business, is a retailer to the
13extent of the value of the tangible personal property so
14transferred. If, in such transaction, a separate charge is made
15for the tangible personal property so transferred, the value of
16such property, for the purposes of this Act, is the amount so
17separately charged, but not less than the cost of such property
18to the transferor; if no separate charge is made, the value of
19such property, for the purposes of this Act, is the cost to the
20transferor of such tangible personal property.
21 "Retailer maintaining a place of business in this State",
22or any like term, means and includes any of the following
23retailers:
24 (1) 1. A retailer having or maintaining within this
25 State, directly or by a subsidiary, an office, distribution
26 house, sales house, warehouse or other place of business,

HB3342 Enrolled- 469 -LRB100 08528 SMS 18653 b
1 or any agent or other representative operating within this
2 State under the authority of the retailer or its
3 subsidiary, irrespective of whether such place of business
4 or agent or other representative is located here
5 permanently or temporarily, or whether such retailer or
6 subsidiary is licensed to do business in this State.
7 However, the ownership of property that is located at the
8 premises of a printer with which the retailer has
9 contracted for printing and that consists of the final
10 printed product, property that becomes a part of the final
11 printed product, or copy from which the printed product is
12 produced shall not result in the retailer being deemed to
13 have or maintain an office, distribution house, sales
14 house, warehouse, or other place of business within this
15 State.
16 (1.1) 1.1. A retailer having a contract with a person
17 located in this State under which the person, for a
18 commission or other consideration based upon the sale of
19 tangible personal property by the retailer, directly or
20 indirectly refers potential customers to the retailer by
21 providing to the potential customers a promotional code or
22 other mechanism that allows the retailer to track purchases
23 referred by such persons. Examples of mechanisms that allow
24 the retailer to track purchases referred by such persons
25 include but are not limited to the use of a link on the
26 person's Internet website, promotional codes distributed

HB3342 Enrolled- 470 -LRB100 08528 SMS 18653 b
1 through the person's hand-delivered or mailed material,
2 and promotional codes distributed by the person through
3 radio or other broadcast media. The provisions of this
4 paragraph (1.1) 1.1 shall apply only if the cumulative
5 gross receipts from sales of tangible personal property by
6 the retailer to customers who are referred to the retailer
7 by all persons in this State under such contracts exceed
8 $10,000 during the preceding 4 quarterly periods ending on
9 the last day of March, June, September, and December. A
10 retailer meeting the requirements of this paragraph (1.1)
11 1.1 shall be presumed to be maintaining a place of business
12 in this State but may rebut this presumption by submitting
13 proof that the referrals or other activities pursued within
14 this State by such persons were not sufficient to meet the
15 nexus standards of the United States Constitution during
16 the preceding 4 quarterly periods.
17 (1.2) 1.2. Beginning July 1, 2011, a retailer having a
18 contract with a person located in this State under which:
19 (A) A. the retailer sells the same or substantially
20 similar line of products as the person located in this
21 State and does so using an identical or substantially
22 similar name, trade name, or trademark as the person
23 located in this State; and
24 (B) B. the retailer provides a commission or other
25 consideration to the person located in this State based
26 upon the sale of tangible personal property by the

HB3342 Enrolled- 471 -LRB100 08528 SMS 18653 b
1 retailer.
2 The provisions of this paragraph (1.2) 1.2 shall apply only
3 if the cumulative gross receipts from sales of tangible
4 personal property by the retailer to customers in this
5 State under all such contracts exceed $10,000 during the
6 preceding 4 quarterly periods ending on the last day of
7 March, June, September, and December.
8 (2) 2. A retailer soliciting orders for tangible
9 personal property by means of a telecommunication or
10 television shopping system (which utilizes toll free
11 numbers) which is intended by the retailer to be broadcast
12 by cable television or other means of broadcasting, to
13 consumers located in this State.
14 (3) 3. A retailer, pursuant to a contract with a
15 broadcaster or publisher located in this State, soliciting
16 orders for tangible personal property by means of
17 advertising which is disseminated primarily to consumers
18 located in this State and only secondarily to bordering
19 jurisdictions.
20 (4) 4. A retailer soliciting orders for tangible
21 personal property by mail if the solicitations are
22 substantial and recurring and if the retailer benefits from
23 any banking, financing, debt collection,
24 telecommunication, or marketing activities occurring in
25 this State or benefits from the location in this State of
26 authorized installation, servicing, or repair facilities.

HB3342 Enrolled- 472 -LRB100 08528 SMS 18653 b
1 (5) 5. A retailer that is owned or controlled by the
2 same interests that own or control any retailer engaging in
3 business in the same or similar line of business in this
4 State.
5 (6) 6. A retailer having a franchisee or licensee
6 operating under its trade name if the franchisee or
7 licensee is required to collect the tax under this Section.
8 (7) 7. A retailer, pursuant to a contract with a cable
9 television operator located in this State, soliciting
10 orders for tangible personal property by means of
11 advertising which is transmitted or distributed over a
12 cable television system in this State.
13 (8) 8. A retailer engaging in activities in Illinois,
14 which activities in the state in which the retail business
15 engaging in such activities is located would constitute
16 maintaining a place of business in that state.
17 (9) Beginning October 1, 2018, a retailer making sales
18 of tangible personal property to purchasers in Illinois
19 from outside of Illinois if:
20 (A) the cumulative gross receipts from sales of
21 tangible personal property to purchasers in Illinois
22 are $100,000 or more; or
23 (B) the retailer enters into 200 or more separate
24 transactions for the sale of tangible personal
25 property to purchasers in Illinois.
26 The retailer shall determine on a quarterly basis,

HB3342 Enrolled- 473 -LRB100 08528 SMS 18653 b
1 ending on the last day of March, June, September, and
2 December, whether he or she meets the criteria of either
3 subparagraph (A) or (B) of this paragraph (9) for the
4 preceding 12-month period. If the retailer meets the
5 criteria of either subparagraph (A) or (B) for a 12-month
6 period, he or she is considered a retailer maintaining a
7 place of business in this State and is required to collect
8 and remit the tax imposed under this Act and file returns
9 for one year. At the end of that one-year period, the
10 retailer shall determine whether the retailer met the
11 criteria of either subparagraph (A) or (B) during the
12 preceding 12-month period. If the retailer met the criteria
13 in either subparagraph (A) or (B) for the preceding
14 12-month period, he or she is considered a retailer
15 maintaining a place of business in this State and is
16 required to collect and remit the tax imposed under this
17 Act and file returns for the subsequent year. If at the end
18 of a one-year period a retailer that was required to
19 collect and remit the tax imposed under this Act determines
20 that he or she did not meet the criteria in either
21 subparagraph (A) or (B) during the preceding 12-month
22 period, the retailer shall subsequently determine on a
23 quarterly basis, ending on the last day of March, June,
24 September, and December, whether he or she meets the
25 criteria of either subparagraph (A) or (B) for the
26 preceding 12-month period.

HB3342 Enrolled- 474 -LRB100 08528 SMS 18653 b
1 "Bulk vending machine" means a vending machine, containing
2unsorted confections, nuts, toys, or other items designed
3primarily to be used or played with by children which, when a
4coin or coins of a denomination not larger than $0.50 are
5inserted, are dispensed in equal portions, at random and
6without selection by the customer.
7(Source: P.A. 98-628, eff. 1-1-15; 98-1080, eff. 8-26-14;
898-1089, eff. 1-1-15; 99-78, eff. 7-20-15.)
9 Section 80-10. The Service Use Tax Act is amended by
10changing Section 2 as follows:
11 (35 ILCS 110/2) (from Ch. 120, par. 439.32)
12 Sec. 2. Definitions. In this Act:
13 "Use" means the exercise by any person of any right or
14power over tangible personal property incident to the ownership
15of that property, but does not include the sale or use for
16demonstration by him of that property in any form as tangible
17personal property in the regular course of business. "Use" does
18not mean the interim use of tangible personal property nor the
19physical incorporation of tangible personal property, as an
20ingredient or constituent, into other tangible personal
21property, (a) which is sold in the regular course of business
22or (b) which the person incorporating such ingredient or
23constituent therein has undertaken at the time of such purchase
24to cause to be transported in interstate commerce to

HB3342 Enrolled- 475 -LRB100 08528 SMS 18653 b
1destinations outside the State of Illinois.
2 "Purchased from a serviceman" means the acquisition of the
3ownership of, or title to, tangible personal property through a
4sale of service.
5 "Purchaser" means any person who, through a sale of
6service, acquires the ownership of, or title to, any tangible
7personal property.
8 "Cost price" means the consideration paid by the serviceman
9for a purchase valued in money, whether paid in money or
10otherwise, including cash, credits and services, and shall be
11determined without any deduction on account of the supplier's
12cost of the property sold or on account of any other expense
13incurred by the supplier. When a serviceman contracts out part
14or all of the services required in his sale of service, it
15shall be presumed that the cost price to the serviceman of the
16property transferred to him or her by his or her subcontractor
17is equal to 50% of the subcontractor's charges to the
18serviceman in the absence of proof of the consideration paid by
19the subcontractor for the purchase of such property.
20 "Selling price" means the consideration for a sale valued
21in money whether received in money or otherwise, including
22cash, credits and service, and shall be determined without any
23deduction on account of the serviceman's cost of the property
24sold, the cost of materials used, labor or service cost or any
25other expense whatsoever, but does not include interest or
26finance charges which appear as separate items on the bill of

HB3342 Enrolled- 476 -LRB100 08528 SMS 18653 b
1sale or sales contract nor charges that are added to prices by
2sellers on account of the seller's duty to collect, from the
3purchaser, the tax that is imposed by this Act.
4 "Department" means the Department of Revenue.
5 "Person" means any natural individual, firm, partnership,
6association, joint stock company, joint venture, public or
7private corporation, limited liability company, and any
8receiver, executor, trustee, guardian or other representative
9appointed by order of any court.
10 "Sale of service" means any transaction except:
11 (1) a retail sale of tangible personal property taxable
12 under the Retailers' Occupation Tax Act or under the Use
13 Tax Act.
14 (2) a sale of tangible personal property for the
15 purpose of resale made in compliance with Section 2c of the
16 Retailers' Occupation Tax Act.
17 (3) except as hereinafter provided, a sale or transfer
18 of tangible personal property as an incident to the
19 rendering of service for or by any governmental body, or
20 for or by any corporation, society, association,
21 foundation or institution organized and operated
22 exclusively for charitable, religious or educational
23 purposes or any not-for-profit corporation, society,
24 association, foundation, institution or organization which
25 has no compensated officers or employees and which is
26 organized and operated primarily for the recreation of

HB3342 Enrolled- 477 -LRB100 08528 SMS 18653 b
1 persons 55 years of age or older. A limited liability
2 company may qualify for the exemption under this paragraph
3 only if the limited liability company is organized and
4 operated exclusively for educational purposes.
5 (4) (blank).
6 (4a) a sale or transfer of tangible personal property
7 as an incident to the rendering of service for owners,
8 lessors, or shippers of tangible personal property which is
9 utilized by interstate carriers for hire for use as rolling
10 stock moving in interstate commerce so long as so used by
11 interstate carriers for hire, and equipment operated by a
12 telecommunications provider, licensed as a common carrier
13 by the Federal Communications Commission, which is
14 permanently installed in or affixed to aircraft moving in
15 interstate commerce.
16 (4a-5) on and after July 1, 2003 and through June 30,
17 2004, a sale or transfer of a motor vehicle of the second
18 division with a gross vehicle weight in excess of 8,000
19 pounds as an incident to the rendering of service if that
20 motor vehicle is subject to the commercial distribution fee
21 imposed under Section 3-815.1 of the Illinois Vehicle Code.
22 Beginning on July 1, 2004 and through June 30, 2005, the
23 use in this State of motor vehicles of the second division:
24 (i) with a gross vehicle weight rating in excess of 8,000
25 pounds; (ii) that are subject to the commercial
26 distribution fee imposed under Section 3-815.1 of the

HB3342 Enrolled- 478 -LRB100 08528 SMS 18653 b
1 Illinois Vehicle Code; and (iii) that are primarily used
2 for commercial purposes. Through June 30, 2005, this
3 exemption applies to repair and replacement parts added
4 after the initial purchase of such a motor vehicle if that
5 motor vehicle is used in a manner that would qualify for
6 the rolling stock exemption otherwise provided for in this
7 Act. For purposes of this paragraph, "used for commercial
8 purposes" means the transportation of persons or property
9 in furtherance of any commercial or industrial enterprise
10 whether for-hire or not.
11 (5) a sale or transfer of machinery and equipment used
12 primarily in the process of the manufacturing or
13 assembling, either in an existing, an expanded or a new
14 manufacturing facility, of tangible personal property for
15 wholesale or retail sale or lease, whether such sale or
16 lease is made directly by the manufacturer or by some other
17 person, whether the materials used in the process are owned
18 by the manufacturer or some other person, or whether such
19 sale or lease is made apart from or as an incident to the
20 seller's engaging in a service occupation and the
21 applicable tax is a Service Use Tax or Service Occupation
22 Tax, rather than Use Tax or Retailers' Occupation Tax. The
23 exemption provided by this paragraph (5) does not include
24 machinery and equipment used in (i) the generation of
25 electricity for wholesale or retail sale; (ii) the
26 generation or treatment of natural or artificial gas for

HB3342 Enrolled- 479 -LRB100 08528 SMS 18653 b
1 wholesale or retail sale that is delivered to customers
2 through pipes, pipelines, or mains; or (iii) the treatment
3 of water for wholesale or retail sale that is delivered to
4 customers through pipes, pipelines, or mains. The
5 provisions of Public Act 98-583 this amendatory Act of the
6 98th General Assembly are declaratory of existing law as to
7 the meaning and scope of this exemption. The exemption
8 under this paragraph (5) is exempt from the provisions of
9 Section 3-75.
10 (5a) the repairing, reconditioning or remodeling, for
11 a common carrier by rail, of tangible personal property
12 which belongs to such carrier for hire, and as to which
13 such carrier receives the physical possession of the
14 repaired, reconditioned or remodeled item of tangible
15 personal property in Illinois, and which such carrier
16 transports, or shares with another common carrier in the
17 transportation of such property, out of Illinois on a
18 standard uniform bill of lading showing the person who
19 repaired, reconditioned or remodeled the property to a
20 destination outside Illinois, for use outside Illinois.
21 (5b) a sale or transfer of tangible personal property
22 which is produced by the seller thereof on special order in
23 such a way as to have made the applicable tax the Service
24 Occupation Tax or the Service Use Tax, rather than the
25 Retailers' Occupation Tax or the Use Tax, for an interstate
26 carrier by rail which receives the physical possession of

HB3342 Enrolled- 480 -LRB100 08528 SMS 18653 b
1 such property in Illinois, and which transports such
2 property, or shares with another common carrier in the
3 transportation of such property, out of Illinois on a
4 standard uniform bill of lading showing the seller of the
5 property as the shipper or consignor of such property to a
6 destination outside Illinois, for use outside Illinois.
7 (6) until July 1, 2003, a sale or transfer of
8 distillation machinery and equipment, sold as a unit or kit
9 and assembled or installed by the retailer, which machinery
10 and equipment is certified by the user to be used only for
11 the production of ethyl alcohol that will be used for
12 consumption as motor fuel or as a component of motor fuel
13 for the personal use of such user and not subject to sale
14 or resale.
15 (7) at the election of any serviceman not required to
16 be otherwise registered as a retailer under Section 2a of
17 the Retailers' Occupation Tax Act, made for each fiscal
18 year sales of service in which the aggregate annual cost
19 price of tangible personal property transferred as an
20 incident to the sales of service is less than 35%, or 75%
21 in the case of servicemen transferring prescription drugs
22 or servicemen engaged in graphic arts production, of the
23 aggregate annual total gross receipts from all sales of
24 service. The purchase of such tangible personal property by
25 the serviceman shall be subject to tax under the Retailers'
26 Occupation Tax Act and the Use Tax Act. However, if a

HB3342 Enrolled- 481 -LRB100 08528 SMS 18653 b
1 primary serviceman who has made the election described in
2 this paragraph subcontracts service work to a secondary
3 serviceman who has also made the election described in this
4 paragraph, the primary serviceman does not incur a Use Tax
5 liability if the secondary serviceman (i) has paid or will
6 pay Use Tax on his or her cost price of any tangible
7 personal property transferred to the primary serviceman
8 and (ii) certifies that fact in writing to the primary
9 serviceman.
10 Tangible personal property transferred incident to the
11completion of a maintenance agreement is exempt from the tax
12imposed pursuant to this Act.
13 Exemption (5) also includes machinery and equipment used in
14the general maintenance or repair of such exempt machinery and
15equipment or for in-house manufacture of exempt machinery and
16equipment. On and after July 1, 2017, exemption (5) also
17includes graphic arts machinery and equipment, as defined in
18paragraph (5) of Section 3-5. The machinery and equipment
19exemption does not include machinery and equipment used in (i)
20the generation of electricity for wholesale or retail sale;
21(ii) the generation or treatment of natural or artificial gas
22for wholesale or retail sale that is delivered to customers
23through pipes, pipelines, or mains; or (iii) the treatment of
24water for wholesale or retail sale that is delivered to
25customers through pipes, pipelines, or mains. The provisions of
26Public Act 98-583 this amendatory Act of the 98th General

HB3342 Enrolled- 482 -LRB100 08528 SMS 18653 b
1Assembly are declaratory of existing law as to the meaning and
2scope of this exemption. For the purposes of exemption (5),
3each of these terms shall have the following meanings: (1)
4"manufacturing process" shall mean the production of any
5article of tangible personal property, whether such article is
6a finished product or an article for use in the process of
7manufacturing or assembling a different article of tangible
8personal property, by procedures commonly regarded as
9manufacturing, processing, fabricating, or refining which
10changes some existing material or materials into a material
11with a different form, use or name. In relation to a recognized
12integrated business composed of a series of operations which
13collectively constitute manufacturing, or individually
14constitute manufacturing operations, the manufacturing process
15shall be deemed to commence with the first operation or stage
16of production in the series, and shall not be deemed to end
17until the completion of the final product in the last operation
18or stage of production in the series; and further, for purposes
19of exemption (5), photoprocessing is deemed to be a
20manufacturing process of tangible personal property for
21wholesale or retail sale; (2) "assembling process" shall mean
22the production of any article of tangible personal property,
23whether such article is a finished product or an article for
24use in the process of manufacturing or assembling a different
25article of tangible personal property, by the combination of
26existing materials in a manner commonly regarded as assembling

HB3342 Enrolled- 483 -LRB100 08528 SMS 18653 b
1which results in a material of a different form, use or name;
2(3) "machinery" shall mean major mechanical machines or major
3components of such machines contributing to a manufacturing or
4assembling process; and (4) "equipment" shall include any
5independent device or tool separate from any machinery but
6essential to an integrated manufacturing or assembly process;
7including computers used primarily in a manufacturer's
8computer assisted design, computer assisted manufacturing
9(CAD/CAM) system; or any subunit or assembly comprising a
10component of any machinery or auxiliary, adjunct or attachment
11parts of machinery, such as tools, dies, jigs, fixtures,
12patterns and molds; or any parts which require periodic
13replacement in the course of normal operation; but shall not
14include hand tools. Equipment includes chemicals or chemicals
15acting as catalysts but only if the chemicals or chemicals
16acting as catalysts effect a direct and immediate change upon a
17product being manufactured or assembled for wholesale or retail
18sale or lease. The purchaser of such machinery and equipment
19who has an active resale registration number shall furnish such
20number to the seller at the time of purchase. The user of such
21machinery and equipment and tools without an active resale
22registration number shall prepare a certificate of exemption
23for each transaction stating facts establishing the exemption
24for that transaction, which certificate shall be available to
25the Department for inspection or audit. The Department shall
26prescribe the form of the certificate.

HB3342 Enrolled- 484 -LRB100 08528 SMS 18653 b
1 Any informal rulings, opinions or letters issued by the
2Department in response to an inquiry or request for any opinion
3from any person regarding the coverage and applicability of
4exemption (5) to specific devices shall be published,
5maintained as a public record, and made available for public
6inspection and copying. If the informal ruling, opinion or
7letter contains trade secrets or other confidential
8information, where possible the Department shall delete such
9information prior to publication. Whenever such informal
10rulings, opinions, or letters contain any policy of general
11applicability, the Department shall formulate and adopt such
12policy as a rule in accordance with the provisions of the
13Illinois Administrative Procedure Act.
14 On and after July 1, 1987, no entity otherwise eligible
15under exemption (3) of this Section shall make tax-free tax
16free purchases unless it has an active exemption identification
17number issued by the Department.
18 The purchase, employment and transfer of such tangible
19personal property as newsprint and ink for the primary purpose
20of conveying news (with or without other information) is not a
21purchase, use or sale of service or of tangible personal
22property within the meaning of this Act.
23 "Serviceman" means any person who is engaged in the
24occupation of making sales of service.
25 "Sale at retail" means "sale at retail" as defined in the
26Retailers' Occupation Tax Act.

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1 "Supplier" means any person who makes sales of tangible
2personal property to servicemen for the purpose of resale as an
3incident to a sale of service.
4 "Serviceman maintaining a place of business in this State",
5or any like term, means and includes any serviceman:
6 (1) 1. having or maintaining within this State,
7 directly or by a subsidiary, an office, distribution house,
8 sales house, warehouse or other place of business, or any
9 agent or other representative operating within this State
10 under the authority of the serviceman or its subsidiary,
11 irrespective of whether such place of business or agent or
12 other representative is located here permanently or
13 temporarily, or whether such serviceman or subsidiary is
14 licensed to do business in this State;
15 (1.1) 1.1. having a contract with a person located in
16 this State under which the person, for a commission or
17 other consideration based on the sale of service by the
18 serviceman, directly or indirectly refers potential
19 customers to the serviceman by providing to the potential
20 customers a promotional code or other mechanism that allows
21 the serviceman to track purchases referred by such persons.
22 Examples of mechanisms that allow the serviceman to track
23 purchases referred by such persons include but are not
24 limited to the use of a link on the person's Internet
25 website, promotional codes distributed through the
26 person's hand-delivered or mailed material, and

HB3342 Enrolled- 486 -LRB100 08528 SMS 18653 b
1 promotional codes distributed by the person through radio
2 or other broadcast media. The provisions of this paragraph
3 (1.1) 1.1 shall apply only if the cumulative gross receipts
4 from sales of service by the serviceman to customers who
5 are referred to the serviceman by all persons in this State
6 under such contracts exceed $10,000 during the preceding 4
7 quarterly periods ending on the last day of March, June,
8 September, and December; a serviceman meeting the
9 requirements of this paragraph (1.1) 1.1 shall be presumed
10 to be maintaining a place of business in this State but may
11 rebut this presumption by submitting proof that the
12 referrals or other activities pursued within this State by
13 such persons were not sufficient to meet the nexus
14 standards of the United States Constitution during the
15 preceding 4 quarterly periods;
16 (1.2) 1.2. beginning July 1, 2011, having a contract
17 with a person located in this State under which:
18 (A) A. the serviceman sells the same or
19 substantially similar line of services as the person
20 located in this State and does so using an identical or
21 substantially similar name, trade name, or trademark
22 as the person located in this State; and
23 (B) B. the serviceman provides a commission or
24 other consideration to the person located in this State
25 based upon the sale of services by the serviceman.
26 The provisions of this paragraph (1.2) 1.2 shall apply only

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1 if the cumulative gross receipts from sales of service by
2 the serviceman to customers in this State under all such
3 contracts exceed $10,000 during the preceding 4 quarterly
4 periods ending on the last day of March, June, September,
5 and December;
6 (2) 2. soliciting orders for tangible personal
7 property by means of a telecommunication or television
8 shopping system (which utilizes toll free numbers) which is
9 intended by the retailer to be broadcast by cable
10 television or other means of broadcasting, to consumers
11 located in this State;
12 (3) 3. pursuant to a contract with a broadcaster or
13 publisher located in this State, soliciting orders for
14 tangible personal property by means of advertising which is
15 disseminated primarily to consumers located in this State
16 and only secondarily to bordering jurisdictions;
17 (4) 4. soliciting orders for tangible personal
18 property by mail if the solicitations are substantial and
19 recurring and if the retailer benefits from any banking,
20 financing, debt collection, telecommunication, or
21 marketing activities occurring in this State or benefits
22 from the location in this State of authorized installation,
23 servicing, or repair facilities;
24 (5) 5. being owned or controlled by the same interests
25 which own or control any retailer engaging in business in
26 the same or similar line of business in this State;

HB3342 Enrolled- 488 -LRB100 08528 SMS 18653 b
1 (6) 6. having a franchisee or licensee operating under
2 its trade name if the franchisee or licensee is required to
3 collect the tax under this Section;
4 (7) 7. pursuant to a contract with a cable television
5 operator located in this State, soliciting orders for
6 tangible personal property by means of advertising which is
7 transmitted or distributed over a cable television system
8 in this State; or
9 (8) 8. engaging in activities in Illinois, which
10 activities in the state in which the supply business
11 engaging in such activities is located would constitute
12 maintaining a place of business in that state; or .
13 (9) beginning October 1, 2018, making sales of service
14 to purchasers in Illinois from outside of Illinois if:
15 (A) the cumulative gross receipts from sales of
16 service to purchasers in Illinois are $100,000 or more;
17 or
18 (B) the serviceman enters into 200 or more separate
19 transactions for sales of service to purchasers in
20 Illinois.
21 The serviceman shall determine on a quarterly basis,
22 ending on the last day of March, June, September, and
23 December, whether he or she meets the criteria of either
24 subparagraph (A) or (B) of this paragraph (9) for the
25 preceding 12-month period. If the serviceman meets the
26 criteria of either subparagraph (A) or (B) for a 12-month

HB3342 Enrolled- 489 -LRB100 08528 SMS 18653 b
1 period, he or she is considered a serviceman maintaining a
2 place of business in this State and is required to collect
3 and remit the tax imposed under this Act and file returns
4 for one year. At the end of that one-year period, the
5 serviceman shall determine whether the serviceman met the
6 criteria of either subparagraph (A) or (B) during the
7 preceding 12-month period. If the serviceman met the
8 criteria in either subparagraph (A) or (B) for the
9 preceding 12-month period, he or she is considered a
10 serviceman maintaining a place of business in this State
11 and is required to collect and remit the tax imposed under
12 this Act and file returns for the subsequent year. If at
13 the end of a one-year period a serviceman that was required
14 to collect and remit the tax imposed under this Act
15 determines that he or she did not meet the criteria in
16 either subparagraph (A) or (B) during the preceding
17 12-month period, the serviceman subsequently shall
18 determine on a quarterly basis, ending on the last day of
19 March, June, September, and December, whether he or she
20 meets the criteria of either subparagraph (A) or (B) for
21 the preceding 12-month period.
22(Source: P.A. 100-22, eff. 7-6-17; 100-321, eff. 8-24-17;
23revised 9-27-17.)
24
ARTICLE 85. GAMING

HB3342 Enrolled- 490 -LRB100 08528 SMS 18653 b
1 Section 85-5. The Illinois Lottery Law is amended by
2changing Sections 7.12 and 9.1 as follows:
3 (20 ILCS 1605/7.12)
4 (Section scheduled to be repealed on July 1, 2018)
5 Sec. 7.12. Internet program.
6 (a) The General Assembly finds that:
7 (1) the consumer market in Illinois has changed since
8 the creation of the Illinois State Lottery in 1974;
9 (2) the Internet has become an integral part of
10 everyday life for a significant number of Illinois
11 residents not only in regards to their professional life,
12 but also in regards to personal business and communication;
13 and
14 (3) the current practices of selling lottery tickets
15 does not appeal to the new form of market participants who
16 prefer to make purchases on the Internet at their own
17 convenience.
18 It is the intent of the General Assembly to create an
19Internet program for the sale of lottery tickets to capture
20this new form of market participant.
21 (b) The Department shall create a program that allows an
22individual 18 years of age or older to purchase lottery tickets
23or shares on the Internet without using a Lottery retailer with
24on-line status, as those terms are defined by rule. The
25Department shall restrict the sale of lottery tickets on the

HB3342 Enrolled- 491 -LRB100 08528 SMS 18653 b
1Internet to transactions initiated and received or otherwise
2made exclusively within the State of Illinois. The Department
3shall adopt rules necessary for the administration of this
4program. These rules shall include, among other things,
5requirements for marketing of the Lottery to infrequent
6players, as well as limitations on the purchases that may be
7made through any one individual's lottery account. The
8provisions of this Act and the rules adopted under this Act
9shall apply to the sale of lottery tickets or shares under this
10program.
11 Before beginning the program, the Department of the Lottery
12must submit a request to the United States Department of
13Justice for review of the State's plan to implement a program
14for the sale of lottery tickets on the Internet and its
15propriety under federal law. The Department shall implement the
16Internet program only if the Department of Justice does not
17object to the implementation of the program within a reasonable
18period of time after its review.
19 The Department is obligated to implement the program set
20forth in this Section and Sections 7.15 and 7.16 only at such
21time, and to such extent, that the Department of Justice does
22not object to the implementation of the program within a
23reasonable period of time after its review. While the Illinois
24Lottery may only offer Lotto, Mega Millions, and Powerball
25games through the program, the Department shall request review
26from the federal Department of Justice for the Illinois Lottery

HB3342 Enrolled- 492 -LRB100 08528 SMS 18653 b
1to sell lottery tickets on the Internet on behalf of the State
2of Illinois that are not limited to just these games.
3 The Department shall authorize the private manager to
4implement and administer the program pursuant to the management
5agreement entered into under Section 9.1 and in a manner
6consistent with the provisions of this Section. If a private
7manager has not been selected pursuant to Section 9.1 at the
8time the Department is obligated to implement the program, then
9the Department shall not proceed with the program until after
10the selection of the private manager, at which time the
11Department shall authorize the private manager to implement and
12administer the program pursuant to the management agreement
13entered into under Section 9.1 and in a manner consistent with
14the provisions of this Section.
15 Nothing in this Section shall be construed as prohibiting
16the Department from implementing and operating a website portal
17whereby individuals who are 18 years of age or older with an
18Illinois mailing address may apply to purchase lottery tickets
19via subscription. Nothing in this Section shall also be
20construed as prohibiting the sale of Lotto, Mega Millions, and
21Powerball games by a lottery licensee pursuant to the
22Department's rules.
23 (c) (Blank).
24 (d) This Section is repealed on July 1, 2019 2018.
25(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)

HB3342 Enrolled- 493 -LRB100 08528 SMS 18653 b
1 (20 ILCS 1605/9.1)
2 Sec. 9.1. Private manager and management agreement.
3 (a) As used in this Section:
4 "Offeror" means a person or group of persons that responds
5to a request for qualifications under this Section.
6 "Request for qualifications" means all materials and
7documents prepared by the Department to solicit the following
8from offerors:
9 (1) Statements of qualifications.
10 (2) Proposals to enter into a management agreement,
11 including the identity of any prospective vendor or vendors
12 that the offeror intends to initially engage to assist the
13 offeror in performing its obligations under the management
14 agreement.
15 "Final offer" means the last proposal submitted by an
16offeror in response to the request for qualifications,
17including the identity of any prospective vendor or vendors
18that the offeror intends to initially engage to assist the
19offeror in performing its obligations under the management
20agreement.
21 "Final offeror" means the offeror ultimately selected by
22the Governor to be the private manager for the Lottery under
23subsection (h) of this Section.
24 (b) By September 15, 2010, the Governor shall select a
25private manager for the total management of the Lottery with
26integrated functions, such as lottery game design, supply of

HB3342 Enrolled- 494 -LRB100 08528 SMS 18653 b
1goods and services, and advertising and as specified in this
2Section.
3 (c) Pursuant to the terms of this subsection, the
4Department shall endeavor to expeditiously terminate the
5existing contracts in support of the Lottery in effect on the
6effective date of this amendatory Act of the 96th General
7Assembly in connection with the selection of the private
8manager. As part of its obligation to terminate these contracts
9and select the private manager, the Department shall establish
10a mutually agreeable timetable to transfer the functions of
11existing contractors to the private manager so that existing
12Lottery operations are not materially diminished or impaired
13during the transition. To that end, the Department shall do the
14following:
15 (1) where such contracts contain a provision
16 authorizing termination upon notice, the Department shall
17 provide notice of termination to occur upon the mutually
18 agreed timetable for transfer of functions;
19 (2) upon the expiration of any initial term or renewal
20 term of the current Lottery contracts, the Department shall
21 not renew such contract for a term extending beyond the
22 mutually agreed timetable for transfer of functions; or
23 (3) in the event any current contract provides for
24 termination of that contract upon the implementation of a
25 contract with the private manager, the Department shall
26 perform all necessary actions to terminate the contract on

HB3342 Enrolled- 495 -LRB100 08528 SMS 18653 b
1 the date that coincides with the mutually agreed timetable
2 for transfer of functions.
3 If the contracts to support the current operation of the
4Lottery in effect on the effective date of this amendatory Act
5of the 96th General Assembly are not subject to termination as
6provided for in this subsection (c), then the Department may
7include a provision in the contract with the private manager
8specifying a mutually agreeable methodology for incorporation.
9 (c-5) The Department shall include provisions in the
10management agreement whereby the private manager shall, for a
11fee, and pursuant to a contract negotiated with the Department
12(the "Employee Use Contract"), utilize the services of current
13Department employees to assist in the administration and
14operation of the Lottery. The Department shall be the employer
15of all such bargaining unit employees assigned to perform such
16work for the private manager, and such employees shall be State
17employees, as defined by the Personnel Code. Department
18employees shall operate under the same employment policies,
19rules, regulations, and procedures, as other employees of the
20Department. In addition, neither historical representation
21rights under the Illinois Public Labor Relations Act, nor
22existing collective bargaining agreements, shall be disturbed
23by the management agreement with the private manager for the
24management of the Lottery.
25 (d) The management agreement with the private manager shall
26include all of the following:

HB3342 Enrolled- 496 -LRB100 08528 SMS 18653 b
1 (1) A term not to exceed 10 years, including any
2 renewals.
3 (2) A provision specifying that the Department:
4 (A) shall exercise actual control over all
5 significant business decisions;
6 (A-5) has the authority to direct or countermand
7 operating decisions by the private manager at any time;
8 (B) has ready access at any time to information
9 regarding Lottery operations;
10 (C) has the right to demand and receive information
11 from the private manager concerning any aspect of the
12 Lottery operations at any time; and
13 (D) retains ownership of all trade names,
14 trademarks, and intellectual property associated with
15 the Lottery.
16 (3) A provision imposing an affirmative duty on the
17 private manager to provide the Department with material
18 information and with any information the private manager
19 reasonably believes the Department would want to know to
20 enable the Department to conduct the Lottery.
21 (4) A provision requiring the private manager to
22 provide the Department with advance notice of any operating
23 decision that bears significantly on the public interest,
24 including, but not limited to, decisions on the kinds of
25 games to be offered to the public and decisions affecting
26 the relative risk and reward of the games being offered, so

HB3342 Enrolled- 497 -LRB100 08528 SMS 18653 b
1 the Department has a reasonable opportunity to evaluate and
2 countermand that decision.
3 (5) A provision providing for compensation of the
4 private manager that may consist of, among other things, a
5 fee for services and a performance based bonus as
6 consideration for managing the Lottery, including terms
7 that may provide the private manager with an increase in
8 compensation if Lottery revenues grow by a specified
9 percentage in a given year.
10 (6) (Blank).
11 (7) A provision requiring the deposit of all Lottery
12 proceeds to be deposited into the State Lottery Fund except
13 as otherwise provided in Section 20 of this Act.
14 (8) A provision requiring the private manager to locate
15 its principal office within the State.
16 (8-5) A provision encouraging that at least 20% of the
17 cost of contracts entered into for goods and services by
18 the private manager in connection with its management of
19 the Lottery, other than contracts with sales agents or
20 technical advisors, be awarded to businesses that are a
21 minority-owned business, a women-owned business, or a
22 business owned by a person with disability, as those terms
23 are defined in the Business Enterprise for Minorities,
24 Women, and Persons with Disabilities Act.
25 (9) A requirement that so long as the private manager
26 complies with all the conditions of the agreement under the

HB3342 Enrolled- 498 -LRB100 08528 SMS 18653 b
1 oversight of the Department, the private manager shall have
2 the following duties and obligations with respect to the
3 management of the Lottery:
4 (A) The right to use equipment and other assets
5 used in the operation of the Lottery.
6 (B) The rights and obligations under contracts
7 with retailers and vendors.
8 (C) The implementation of a comprehensive security
9 program by the private manager.
10 (D) The implementation of a comprehensive system
11 of internal audits.
12 (E) The implementation of a program by the private
13 manager to curb compulsive gambling by persons playing
14 the Lottery.
15 (F) A system for determining (i) the type of
16 Lottery games, (ii) the method of selecting winning
17 tickets, (iii) the manner of payment of prizes to
18 holders of winning tickets, (iv) the frequency of
19 drawings of winning tickets, (v) the method to be used
20 in selling tickets, (vi) a system for verifying the
21 validity of tickets claimed to be winning tickets,
22 (vii) the basis upon which retailer commissions are
23 established by the manager, and (viii) minimum
24 payouts.
25 (10) A requirement that advertising and promotion must
26 be consistent with Section 7.8a of this Act.

HB3342 Enrolled- 499 -LRB100 08528 SMS 18653 b
1 (11) A requirement that the private manager market the
2 Lottery to those residents who are new, infrequent, or
3 lapsed players of the Lottery, especially those who are
4 most likely to make regular purchases on the Internet as
5 permitted by law.
6 (12) A code of ethics for the private manager's
7 officers and employees.
8 (13) A requirement that the Department monitor and
9 oversee the private manager's practices and take action
10 that the Department considers appropriate to ensure that
11 the private manager is in compliance with the terms of the
12 management agreement, while allowing the manager, unless
13 specifically prohibited by law or the management
14 agreement, to negotiate and sign its own contracts with
15 vendors.
16 (14) A provision requiring the private manager to
17 periodically file, at least on an annual basis, appropriate
18 financial statements in a form and manner acceptable to the
19 Department.
20 (15) Cash reserves requirements.
21 (16) Procedural requirements for obtaining the prior
22 approval of the Department when a management agreement or
23 an interest in a management agreement is sold, assigned,
24 transferred, or pledged as collateral to secure financing.
25 (17) Grounds for the termination of the management
26 agreement by the Department or the private manager.

HB3342 Enrolled- 500 -LRB100 08528 SMS 18653 b
1 (18) Procedures for amendment of the agreement.
2 (19) A provision requiring the private manager to
3 engage in an open and competitive bidding process for any
4 procurement having a cost in excess of $50,000 that is not
5 a part of the private manager's final offer. The process
6 shall favor the selection of a vendor deemed to have
7 submitted a proposal that provides the Lottery with the
8 best overall value. The process shall not be subject to the
9 provisions of the Illinois Procurement Code, unless
10 specifically required by the management agreement.
11 (20) The transition of rights and obligations,
12 including any associated equipment or other assets used in
13 the operation of the Lottery, from the manager to any
14 successor manager of the lottery, including the
15 Department, following the termination of or foreclosure
16 upon the management agreement.
17 (21) Right of use of copyrights, trademarks, and
18 service marks held by the Department in the name of the
19 State. The agreement must provide that any use of them by
20 the manager shall only be for the purpose of fulfilling its
21 obligations under the management agreement during the term
22 of the agreement.
23 (22) The disclosure of any information requested by the
24 Department to enable it to comply with the reporting
25 requirements and information requests provided for under
26 subsection (p) of this Section.

HB3342 Enrolled- 501 -LRB100 08528 SMS 18653 b
1 (e) Notwithstanding any other law to the contrary, the
2Department shall select a private manager through a competitive
3request for qualifications process consistent with Section
420-35 of the Illinois Procurement Code, which shall take into
5account:
6 (1) the offeror's ability to market the Lottery to
7 those residents who are new, infrequent, or lapsed players
8 of the Lottery, especially those who are most likely to
9 make regular purchases on the Internet;
10 (2) the offeror's ability to address the State's
11 concern with the social effects of gambling on those who
12 can least afford to do so;
13 (3) the offeror's ability to provide the most
14 successful management of the Lottery for the benefit of the
15 people of the State based on current and past business
16 practices or plans of the offeror; and
17 (4) the offeror's poor or inadequate past performance
18 in servicing, equipping, operating or managing a lottery on
19 behalf of Illinois, another State or foreign government and
20 attracting persons who are not currently regular players of
21 a lottery.
22 (f) The Department may retain the services of an advisor or
23advisors with significant experience in financial services or
24the management, operation, and procurement of goods, services,
25and equipment for a government-run lottery to assist in the
26preparation of the terms of the request for qualifications and

HB3342 Enrolled- 502 -LRB100 08528 SMS 18653 b
1selection of the private manager. Any prospective advisor
2seeking to provide services under this subsection (f) shall
3disclose any material business or financial relationship
4during the past 3 years with any potential offeror, or with a
5contractor or subcontractor presently providing goods,
6services, or equipment to the Department to support the
7Lottery. The Department shall evaluate the material business or
8financial relationship of each prospective advisor. The
9Department shall not select any prospective advisor with a
10substantial business or financial relationship that the
11Department deems to impair the objectivity of the services to
12be provided by the prospective advisor. During the course of
13the advisor's engagement by the Department, and for a period of
14one year thereafter, the advisor shall not enter into any
15business or financial relationship with any offeror or any
16vendor identified to assist an offeror in performing its
17obligations under the management agreement. Any advisor
18retained by the Department shall be disqualified from being an
19offeror. The Department shall not include terms in the request
20for qualifications that provide a material advantage whether
21directly or indirectly to any potential offeror, or any
22contractor or subcontractor presently providing goods,
23services, or equipment to the Department to support the
24Lottery, including terms contained in previous responses to
25requests for proposals or qualifications submitted to
26Illinois, another State or foreign government when those terms

HB3342 Enrolled- 503 -LRB100 08528 SMS 18653 b
1are uniquely associated with a particular potential offeror,
2contractor, or subcontractor. The request for proposals
3offered by the Department on December 22, 2008 as
4"LOT08GAMESYS" and reference number "22016176" is declared
5void.
6 (g) The Department shall select at least 2 offerors as
7finalists to potentially serve as the private manager no later
8than August 9, 2010. Upon making preliminary selections, the
9Department shall schedule a public hearing on the finalists'
10proposals and provide public notice of the hearing at least 7
11calendar days before the hearing. The notice must include all
12of the following:
13 (1) The date, time, and place of the hearing.
14 (2) The subject matter of the hearing.
15 (3) A brief description of the management agreement to
16 be awarded.
17 (4) The identity of the offerors that have been
18 selected as finalists to serve as the private manager.
19 (5) The address and telephone number of the Department.
20 (h) At the public hearing, the Department shall (i) provide
21sufficient time for each finalist to present and explain its
22proposal to the Department and the Governor or the Governor's
23designee, including an opportunity to respond to questions
24posed by the Department, Governor, or designee and (ii) allow
25the public and non-selected offerors to comment on the
26presentations. The Governor or a designee shall attend the

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

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

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

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1with reasonable advance written notice of any contract that is
2pending Department approval.
3 Notwithstanding any other provision of this Section to the
4contrary, the Chief Procurement Officer shall adopt
5administrative rules, including emergency rules, to establish
6a procurement process to select a successor private manager if
7a private management agreement has been terminated. The
8selection process shall at a minimum take into account the
9criteria set forth in items (1) through (4) of subsection (e)
10of this Section and may include provisions consistent with
11subsections (f), (g), (h), and (i) of this Section. The Chief
12Procurement Officer shall also implement and administer the
13adopted selection process upon the termination of a private
14management agreement. The Department, after the Chief
15Procurement Officer certifies that the procurement process has
16been followed in accordance with the rules adopted under this
17subsection (o), shall select a final offeror as the private
18manager and sign the management agreement with the private
19manager.
20 Except as provided in Sections 21.5, 21.6, 21.7, 21.8, and
2121.9, the Department shall distribute all proceeds of lottery
22tickets and shares sold in the following priority and manner:
23 (1) The payment of prizes and retailer bonuses.
24 (2) The payment of costs incurred in the operation and
25 administration of the Lottery, including the payment of
26 sums due to the private manager under the management

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1 agreement with the Department.
2 (3) On the last day of each month or as soon thereafter
3 as possible, the State Comptroller shall direct and the
4 State Treasurer shall transfer from the State Lottery Fund
5 to the Common School Fund an amount that is equal to the
6 proceeds transferred in the corresponding month of fiscal
7 year 2009, as adjusted for inflation, to the Common School
8 Fund.
9 (4) On or before September 30 the last day of each
10 fiscal year, deposit any estimated remaining proceeds from
11 the prior fiscal year, subject to payments under items (1),
12 (2), and (3) into the Capital Projects Fund each fiscal
13 year. Beginning in fiscal year 2019, the amount deposited
14 shall be increased or decreased each year by the amount the
15 estimated payment differs from the amount determined from
16 each year-end financial audit. Only remaining net deficits
17 from prior fiscal years may reduce the requirement to
18 deposit these funds, as determined by the annual financial
19 audit.
20 (p) The Department shall be subject to the following
21reporting and information request requirements:
22 (1) the Department shall submit written quarterly
23 reports to the Governor and the General Assembly on the
24 activities and actions of the private manager selected
25 under this Section;
26 (2) upon request of the Chief Procurement Officer, the

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1 Department shall promptly produce information related to
2 the procurement activities of the Department and the
3 private manager requested by the Chief Procurement
4 Officer; the Chief Procurement Officer must retain
5 confidential, proprietary, or trade secret information
6 designated by the Department in complete confidence
7 pursuant to subsection (g) of Section 7 of the Freedom of
8 Information Act; and
9 (3) at least 30 days prior to the beginning of the
10 Department's fiscal year, the Department shall prepare an
11 annual written report on the activities of the private
12 manager selected under this Section and deliver that report
13 to the Governor and General Assembly.
14(Source: P.A. 99-933, eff. 1-27-17; 100-391, eff. 8-25-17.)
15
ARTICLE 90. STUDY
16 Section 90-5. The Department of Healthcare and Family
17Services Law of the Civil Administrative Code of Illinois is
18amended by adding Section 2205-30 as follows:
19 (20 ILCS 2205/2205-30 new)
20 Sec. 2205-30. Long-term care services and supports
21comprehensive study and actuarial modeling.
22 (a) The Department of Healthcare and Family Services shall
23commission a comprehensive study of long-term care trends,

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1future projections, and actuarial analysis of a new long-term
2services and supports benefit. Upon completion of the study,
3the Department shall prepare a report on the study that
4includes the following:
5 (1) an extensive analysis of long-term care trends in
6 Illinois, including the number of Illinoisans needing
7 long-term care, the number of paid and unpaid caregivers,
8 the existing long-term care programs' utilization and
9 impact on the State budget; out-of-pocket spending and
10 spend-down to qualify for medical assistance coverage, the
11 financial and health impacts of caregiving on the family,
12 wages of paid caregivers and the effects of compensation on
13 the availability of this workforce, the current market for
14 private long-term care insurance, and a brief assessment of
15 the existing system of long-term services and supports in
16 terms of health, well-being, and the ability of
17 participants to continue living in their communities;
18 (2) an analysis of long-term care costs and utilization
19 projections through at least 2050 and the estimated impact
20 of such costs and utilization projections on the State
21 budget, increases in the senior population; projections of
22 the number of paid and unpaid caregivers in relation to
23 demand for services, and projections of the impact of
24 housing cost burdens and a lack of affordable housing on
25 seniors and people with disabilities;
26 (3) an actuarial analysis of options for a new

HB3342 Enrolled- 511 -LRB100 08528 SMS 18653 b
1 long-term services and supports benefit program, including
2 an analysis of potential tax sources and necessary levels,
3 a vesting period, the maximum daily benefit dollar amount,
4 the total maximum dollar amount of the benefit, and the
5 duration of the benefit; and
6 (4) a qualitative analysis of a new benefit's impact on
7 seniors and people with disabilities, including their
8 families and caregivers, public and private long-term care
9 services, and the State budget.
10 The report must project under multiple possible
11configurations the numbers of persons covered year over year,
12utilization rates, total spending, and the benefit fund's ratio
13balance and solvency. The benefit fund must initially be
14structured to be solvent for 75 years. The report must detail
15the sensitivity of these projections to the level of care
16criteria that define long-term care need and examine the
17feasibility of setting a lower threshold, based on a lower need
18for ongoing assistance in routine life activities.
19 The report must also detail the amount of out-of-pocket
20costs avoided, the number of persons who delayed or avoided
21utilization of medical assistance benefits, an analysis on the
22projected increased utilization of home-based and
23community-based services over skilled nursing facilities and
24savings therewith, and savings to the State's existing
25long-term care programs due to the new long-term services and
26supports benefit.

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1 (b) The entity chosen to conduct the actuarial analysis
2shall be a nationally-recognized organization with experience
3modeling public and private long-term care financing programs.
4 (c) The study shall begin after January 1, 2019, and be
5completed before December 1, 2019. Upon completion, the report
6on the study shall be filed with the Clerk of the House of
7Representatives and the Secretary of the Senate in electronic
8form only, in the manner that the Clerk and the Secretary shall
9direct.
10 (d) This Section is repealed December 1, 2020.
11
ARTICLE 95. EDUCATION AND RATES
12 Section 95-5. The Illinois Administrative Procedure Act is
13amended by changing Section 5-45 as follows:
14 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
15 Sec. 5-45. Emergency rulemaking.
16 (a) "Emergency" means the existence of any situation that
17any agency finds reasonably constitutes a threat to the public
18interest, safety, or welfare.
19 (b) If any agency finds that an emergency exists that
20requires adoption of a rule upon fewer days than is required by
21Section 5-40 and states in writing its reasons for that
22finding, the agency may adopt an emergency rule without prior
23notice or hearing upon filing a notice of emergency rulemaking

HB3342 Enrolled- 513 -LRB100 08528 SMS 18653 b
1with the Secretary of State under Section 5-70. The notice
2shall include the text of the emergency rule and shall be
3published in the Illinois Register. Consent orders or other
4court orders adopting settlements negotiated by an agency may
5be adopted under this Section. Subject to applicable
6constitutional or statutory provisions, an emergency rule
7becomes effective immediately upon filing under Section 5-65 or
8at a stated date less than 10 days thereafter. The agency's
9finding and a statement of the specific reasons for the finding
10shall be filed with the rule. The agency shall take reasonable
11and appropriate measures to make emergency rules known to the
12persons who may be affected by them.
13 (c) An emergency rule may be effective for a period of not
14longer than 150 days, but the agency's authority to adopt an
15identical rule under Section 5-40 is not precluded. No
16emergency rule may be adopted more than once in any 24-month
17period, except that this limitation on the number of emergency
18rules that may be adopted in a 24-month period does not apply
19to (i) emergency rules that make additions to and deletions
20from the Drug Manual under Section 5-5.16 of the Illinois
21Public Aid Code or the generic drug formulary under Section
223.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
23emergency rules adopted by the Pollution Control Board before
24July 1, 1997 to implement portions of the Livestock Management
25Facilities Act, (iii) emergency rules adopted by the Illinois
26Department of Public Health under subsections (a) through (i)

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1of Section 2 of the Department of Public Health Act when
2necessary to protect the public's health, (iv) emergency rules
3adopted pursuant to subsection (n) of this Section, (v)
4emergency rules adopted pursuant to subsection (o) of this
5Section, or (vi) emergency rules adopted pursuant to subsection
6(c-5) of this Section. Two or more emergency rules having
7substantially the same purpose and effect shall be deemed to be
8a single rule for purposes of this Section.
9 (c-5) To facilitate the maintenance of the program of group
10health benefits provided to annuitants, survivors, and retired
11employees under the State Employees Group Insurance Act of
121971, rules to alter the contributions to be paid by the State,
13annuitants, survivors, retired employees, or any combination
14of those entities, for that program of group health benefits,
15shall be adopted as emergency rules. The adoption of those
16rules shall be considered an emergency and necessary for the
17public interest, safety, and welfare.
18 (d) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 1999 budget,
20emergency rules to implement any provision of Public Act 90-587
21or 90-588 or any other budget initiative for fiscal year 1999
22may be adopted in accordance with this Section by the agency
23charged with administering that provision or initiative,
24except that the 24-month limitation on the adoption of
25emergency rules and the provisions of Sections 5-115 and 5-125
26do not apply to rules adopted under this subsection (d). The

HB3342 Enrolled- 515 -LRB100 08528 SMS 18653 b
1adoption of emergency rules authorized by this subsection (d)
2shall be deemed to be necessary for the public interest,
3safety, and welfare.
4 (e) In order to provide for the expeditious and timely
5implementation of the State's fiscal year 2000 budget,
6emergency rules to implement any provision of Public Act 91-24
7or any other budget initiative for fiscal year 2000 may be
8adopted in accordance with this Section by the agency charged
9with administering that provision or initiative, except that
10the 24-month limitation on the adoption of emergency rules and
11the provisions of Sections 5-115 and 5-125 do not apply to
12rules adopted under this subsection (e). The adoption of
13emergency rules authorized by this subsection (e) shall be
14deemed to be necessary for the public interest, safety, and
15welfare.
16 (f) In order to provide for the expeditious and timely
17implementation of the State's fiscal year 2001 budget,
18emergency rules to implement any provision of Public Act 91-712
19or any other budget initiative for fiscal year 2001 may be
20adopted in accordance with this Section by the agency charged
21with administering that provision or initiative, except that
22the 24-month limitation on the adoption of emergency rules and
23the provisions of Sections 5-115 and 5-125 do not apply to
24rules adopted under this subsection (f). The adoption of
25emergency rules authorized by this subsection (f) shall be
26deemed to be necessary for the public interest, safety, and

HB3342 Enrolled- 516 -LRB100 08528 SMS 18653 b
1welfare.
2 (g) In order to provide for the expeditious and timely
3implementation of the State's fiscal year 2002 budget,
4emergency rules to implement any provision of Public Act 92-10
5or any other budget initiative for fiscal year 2002 may be
6adopted in accordance with this Section by the agency charged
7with administering that provision or initiative, except that
8the 24-month limitation on the adoption of emergency rules and
9the provisions of Sections 5-115 and 5-125 do not apply to
10rules adopted under this subsection (g). The adoption of
11emergency rules authorized by this subsection (g) shall be
12deemed to be necessary for the public interest, safety, and
13welfare.
14 (h) In order to provide for the expeditious and timely
15implementation of the State's fiscal year 2003 budget,
16emergency rules to implement any provision of Public Act 92-597
17or any other budget initiative for fiscal year 2003 may be
18adopted in accordance with this Section by the agency charged
19with administering that provision or initiative, except that
20the 24-month limitation on the adoption of emergency rules and
21the provisions of Sections 5-115 and 5-125 do not apply to
22rules adopted under this subsection (h). The adoption of
23emergency rules authorized by this subsection (h) shall be
24deemed to be necessary for the public interest, safety, and
25welfare.
26 (i) In order to provide for the expeditious and timely

HB3342 Enrolled- 517 -LRB100 08528 SMS 18653 b
1implementation of the State's fiscal year 2004 budget,
2emergency rules to implement any provision of Public Act 93-20
3or any other budget initiative for fiscal year 2004 may be
4adopted in accordance with this Section by the agency charged
5with administering that provision or initiative, except that
6the 24-month limitation on the adoption of emergency rules and
7the provisions of Sections 5-115 and 5-125 do not apply to
8rules adopted under this subsection (i). The adoption of
9emergency rules authorized by this subsection (i) shall be
10deemed to be necessary for the public interest, safety, and
11welfare.
12 (j) In order to provide for the expeditious and timely
13implementation of the provisions of the State's fiscal year
142005 budget as provided under the Fiscal Year 2005 Budget
15Implementation (Human Services) Act, emergency rules to
16implement any provision of the Fiscal Year 2005 Budget
17Implementation (Human Services) Act may be adopted in
18accordance with this Section by the agency charged with
19administering that provision, except that the 24-month
20limitation on the adoption of emergency rules and the
21provisions of Sections 5-115 and 5-125 do not apply to rules
22adopted under this subsection (j). The Department of Public Aid
23may also adopt rules under this subsection (j) necessary to
24administer the Illinois Public Aid Code and the Children's
25Health Insurance Program Act. The adoption of emergency rules
26authorized by this subsection (j) shall be deemed to be

HB3342 Enrolled- 518 -LRB100 08528 SMS 18653 b
1necessary for the public interest, safety, and welfare.
2 (k) In order to provide for the expeditious and timely
3implementation of the provisions of the State's fiscal year
42006 budget, emergency rules to implement any provision of
5Public Act 94-48 or any other budget initiative for fiscal year
62006 may be adopted in accordance with this Section by the
7agency charged with administering that provision or
8initiative, except that the 24-month limitation on the adoption
9of emergency rules and the provisions of Sections 5-115 and
105-125 do not apply to rules adopted under this subsection (k).
11The Department of Healthcare and Family Services may also adopt
12rules under this subsection (k) necessary to administer the
13Illinois Public Aid Code, the Senior Citizens and Persons with
14Disabilities Property Tax Relief Act, the Senior Citizens and
15Disabled Persons Prescription Drug Discount Program Act (now
16the Illinois Prescription Drug Discount Program Act), and the
17Children's Health Insurance Program Act. The adoption of
18emergency rules authorized by this subsection (k) shall be
19deemed to be necessary for the public interest, safety, and
20welfare.
21 (l) In order to provide for the expeditious and timely
22implementation of the provisions of the State's fiscal year
232007 budget, the Department of Healthcare and Family Services
24may adopt emergency rules during fiscal year 2007, including
25rules effective July 1, 2007, in accordance with this
26subsection to the extent necessary to administer the

HB3342 Enrolled- 519 -LRB100 08528 SMS 18653 b
1Department's responsibilities with respect to amendments to
2the State plans and Illinois waivers approved by the federal
3Centers for Medicare and Medicaid Services necessitated by the
4requirements of Title XIX and Title XXI of the federal Social
5Security Act. The adoption of emergency rules authorized by
6this subsection (l) shall be deemed to be necessary for the
7public interest, safety, and welfare.
8 (m) In order to provide for the expeditious and timely
9implementation of the provisions of the State's fiscal year
102008 budget, the Department of Healthcare and Family Services
11may adopt emergency rules during fiscal year 2008, including
12rules effective July 1, 2008, in accordance with this
13subsection to the extent necessary to administer the
14Department's responsibilities with respect to amendments to
15the State plans and Illinois waivers approved by the federal
16Centers for Medicare and Medicaid Services necessitated by the
17requirements of Title XIX and Title XXI of the federal Social
18Security Act. The adoption of emergency rules authorized by
19this subsection (m) shall be deemed to be necessary for the
20public interest, safety, and welfare.
21 (n) In order to provide for the expeditious and timely
22implementation of the provisions of the State's fiscal year
232010 budget, emergency rules to implement any provision of
24Public Act 96-45 or any other budget initiative authorized by
25the 96th General Assembly for fiscal year 2010 may be adopted
26in accordance with this Section by the agency charged with

HB3342 Enrolled- 520 -LRB100 08528 SMS 18653 b
1administering that provision or initiative. The adoption of
2emergency rules authorized by this subsection (n) shall be
3deemed to be necessary for the public interest, safety, and
4welfare. The rulemaking authority granted in this subsection
5(n) shall apply only to rules promulgated during Fiscal Year
62010.
7 (o) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92011 budget, emergency rules to implement any provision of
10Public Act 96-958 or any other budget initiative authorized by
11the 96th General Assembly for fiscal year 2011 may be adopted
12in accordance with this Section by the agency charged with
13administering that provision or initiative. The adoption of
14emergency rules authorized by this subsection (o) is deemed to
15be necessary for the public interest, safety, and welfare. The
16rulemaking authority granted in this subsection (o) applies
17only to rules promulgated on or after July 1, 2010 (the
18effective date of Public Act 96-958) through June 30, 2011.
19 (p) In order to provide for the expeditious and timely
20implementation of the provisions of Public Act 97-689,
21emergency rules to implement any provision of Public Act 97-689
22may be adopted in accordance with this subsection (p) by the
23agency charged with administering that provision or
24initiative. The 150-day limitation of the effective period of
25emergency rules does not apply to rules adopted under this
26subsection (p), and the effective period may continue through

HB3342 Enrolled- 521 -LRB100 08528 SMS 18653 b
1June 30, 2013. The 24-month limitation on the adoption of
2emergency rules does not apply to rules adopted under this
3subsection (p). The adoption of emergency rules authorized by
4this subsection (p) is deemed to be necessary for the public
5interest, safety, and welfare.
6 (q) In order to provide for the expeditious and timely
7implementation of the provisions of Articles 7, 8, 9, 11, and
812 of Public Act 98-104, emergency rules to implement any
9provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
10may be adopted in accordance with this subsection (q) by the
11agency charged with administering that provision or
12initiative. The 24-month limitation on the adoption of
13emergency rules does not apply to rules adopted under this
14subsection (q). The adoption of emergency rules authorized by
15this subsection (q) is deemed to be necessary for the public
16interest, safety, and welfare.
17 (r) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 98-651,
19emergency rules to implement Public Act 98-651 may be adopted
20in accordance with this subsection (r) by the Department of
21Healthcare and Family Services. The 24-month limitation on the
22adoption of emergency rules does not apply to rules adopted
23under this subsection (r). The adoption of emergency rules
24authorized by this subsection (r) is deemed to be necessary for
25the public interest, safety, and welfare.
26 (s) In order to provide for the expeditious and timely

HB3342 Enrolled- 522 -LRB100 08528 SMS 18653 b
1implementation of the provisions of Sections 5-5b.1 and 5A-2 of
2the Illinois Public Aid Code, emergency rules to implement any
3provision of Section 5-5b.1 or Section 5A-2 of the Illinois
4Public Aid Code may be adopted in accordance with this
5subsection (s) by the Department of Healthcare and Family
6Services. The rulemaking authority granted in this subsection
7(s) shall apply only to those rules adopted prior to July 1,
82015. Notwithstanding any other provision of this Section, any
9emergency rule adopted under this subsection (s) shall only
10apply to payments made for State fiscal year 2015. The adoption
11of emergency rules authorized by this subsection (s) is deemed
12to be necessary for the public interest, safety, and welfare.
13 (t) In order to provide for the expeditious and timely
14implementation of the provisions of Article II of Public Act
1599-6, emergency rules to implement the changes made by Article
16II of Public Act 99-6 to the Emergency Telephone System Act may
17be adopted in accordance with this subsection (t) by the
18Department of State Police. The rulemaking authority granted in
19this subsection (t) shall apply only to those rules adopted
20prior to July 1, 2016. The 24-month limitation on the adoption
21of emergency rules does not apply to rules adopted under this
22subsection (t). The adoption of emergency rules authorized by
23this subsection (t) is deemed to be necessary for the public
24interest, safety, and welfare.
25 (u) In order to provide for the expeditious and timely
26implementation of the provisions of the Burn Victims Relief

HB3342 Enrolled- 523 -LRB100 08528 SMS 18653 b
1Act, emergency rules to implement any provision of the Act may
2be adopted in accordance with this subsection (u) by the
3Department of Insurance. The rulemaking authority granted in
4this subsection (u) shall apply only to those rules adopted
5prior to December 31, 2015. The adoption of emergency rules
6authorized by this subsection (u) is deemed to be necessary for
7the public interest, safety, and welfare.
8 (v) In order to provide for the expeditious and timely
9implementation of the provisions of Public Act 99-516,
10emergency rules to implement Public Act 99-516 may be adopted
11in accordance with this subsection (v) by the Department of
12Healthcare and Family Services. The 24-month limitation on the
13adoption of emergency rules does not apply to rules adopted
14under this subsection (v). The adoption of emergency rules
15authorized by this subsection (v) is deemed to be necessary for
16the public interest, safety, and welfare.
17 (w) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 99-796,
19emergency rules to implement the changes made by Public Act
2099-796 may be adopted in accordance with this subsection (w) by
21the Adjutant General. The adoption of emergency rules
22authorized by this subsection (w) is deemed to be necessary for
23the public interest, safety, and welfare.
24 (x) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 99-906,
26emergency rules to implement subsection (i) of Section 16-115D,

HB3342 Enrolled- 524 -LRB100 08528 SMS 18653 b
1subsection (g) of Section 16-128A, and subsection (a) of
2Section 16-128B of the Public Utilities Act may be adopted in
3accordance with this subsection (x) by the Illinois Commerce
4Commission. The rulemaking authority granted in this
5subsection (x) shall apply only to those rules adopted within
6180 days after June 1, 2017 (the effective date of Public Act
799-906). The adoption of emergency rules authorized by this
8subsection (x) is deemed to be necessary for the public
9interest, safety, and welfare.
10 (y) In order to provide for the expeditious and timely
11implementation of the provisions of this amendatory Act of the
12100th General Assembly, emergency rules to implement the
13changes made by this amendatory Act of the 100th General
14Assembly to Section 4.02 of the Illinois Act on Aging, Sections
155.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30
16of the Alcoholism and Other Drug Abuse and Dependency Act, and
17Sections 74 and 75 of the Mental Health and Developmental
18Disabilities Administrative Act may be adopted in accordance
19with this subsection (y) by the respective Department. The
20adoption of emergency rules authorized by this subsection (y)
21is deemed to be necessary for the public interest, safety, and
22welfare.
23 (z) In order to provide for the expeditious and timely
24implementation of the provisions of this amendatory Act of the
25100th General Assembly, emergency rules to implement the
26changes made by this amendatory Act of the 100th General

HB3342 Enrolled- 525 -LRB100 08528 SMS 18653 b
1Assembly to Section 4.7 of the Lobbyist Registration Act may be
2adopted in accordance with this subsection (z) by the Secretary
3of State. The adoption of emergency rules authorized by this
4subsection (z) is deemed to be necessary for the public
5interest, safety, and welfare.
6 (aa) In order to provide for the expeditious and timely
7initial implementation of the changes made to Articles 5, 5A,
812, and 14 of the Illinois Public Aid Code under the provisions
9of this amendatory Act of the 100th General Assembly, the
10Department of Healthcare and Family Services may adopt
11emergency rules in accordance with this subsection (aa). The
1224-month limitation on the adoption of emergency rules does not
13apply to rules to initially implement the changes made to
14Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code
15adopted under this subsection (aa). The adoption of emergency
16rules authorized by this subsection (aa) is deemed to be
17necessary for the public interest, safety, and welfare.
18 (bb) In order to provide for the expeditious and timely
19implementation of the provisions of this amendatory Act of the
20100th General Assembly, emergency rules to implement the
21changes made by this amendatory Act of the 100th General
22Assembly to Section 4.02 of the Illinois Act on Aging, Sections
235.5.4 and 5-5.4i of the Illinois Public Aid Code, subsection
24(b) of Section 55-30 of the Alcoholism and Other Drug Abuse and
25Dependency Act, Section 5-104 of the Specialized Mental Health
26Rehabilitation Act of 2013, and Section 75 and subsection (b)

HB3342 Enrolled- 526 -LRB100 08528 SMS 18653 b
1of Section 74 of the Mental Health and Developmental
2Disabilities Administrative Act may be adopted in accordance
3with this subsection (bb) by the respective Department. The
4adoption of emergency rules authorized by this subsection (bb)
5is deemed to be necessary for the public interest, safety, and
6welfare.
7(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
8eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
999-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
10100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff.
113-12-18.)
12 Section 95-10. The Mental Health and Developmental
13Disabilities Administrative Act is amended by changing Section
1474 as follows:
15 (20 ILCS 1705/74)
16 Sec. 74. Rates and reimbursements.
17 (a) Within 30 days after July 6, 2017 (the effective date
18of Public Act 100-23) this amendatory Act of the 100th General
19Assembly, the Department shall increase rates and
20reimbursements to fund a minimum of a $0.75 per hour wage
21increase for front-line personnel, including, but not limited
22to, direct support persons, aides, front-line supervisors,
23qualified intellectual disabilities professionals, nurses, and
24non-administrative support staff working in community-based

HB3342 Enrolled- 527 -LRB100 08528 SMS 18653 b
1provider organizations serving individuals with developmental
2disabilities. The Department shall adopt rules, including
3emergency rules under subsection (y) of Section 5-45 of the
4Illinois Administrative Procedure Act, to implement the
5provisions of this Section.
6 (b) Rates and reimbursements. Within 30 days after the
7effective date of this amendatory Act of the 100th General
8Assembly, the Department shall increase rates and
9reimbursements to fund a minimum of a $0.50 per hour wage
10increase for front-line personnel, including, but not limited
11to, direct support persons, aides, front-line supervisors,
12qualified intellectual disabilities professionals, nurses, and
13non-administrative support staff working in community-based
14provider organizations serving individuals with developmental
15disabilities. The Department shall adopt rules, including
16emergency rules under subsection (bb) of Section 5-45 of the
17Illinois Administrative Procedure Act, to implement the
18provisions of this Section.
19(Source: P.A. 100-23, eff. 7-6-17.)
20 Section 95-15. The School Code is amended by changing
21Section 14-7.02 and by adding Section 3-16 as follows:
22 (105 ILCS 5/3-16 new)
23 Sec. 3-16. Grants to alternative schools, safe schools, and
24alternative learning opportunities programs. The State Board

HB3342 Enrolled- 528 -LRB100 08528 SMS 18653 b
1of Education, subject to appropriation, shall award grants to
2alternative schools, safe schools, and alternative learning
3opportunities programs operated by a regional office of
4education. To calculate grant amounts to the programs operated
5by regional offices of education, the State Board shall
6calculate an amount equal to the greater of the regional
7program's best 3 months of average daily attendance for the
82016-2017 school year or the average of the best 3 months of
9average daily attendance for the 2014-2015 school year through
10the 2016-2017 school year, multiplied by the amount of $6,119.
11This amount shall be termed the "Regional Program Increased
12Enrollment Recognition". If the amount of the Regional Program
13Increased Enrollment Recognition is greater than the amount of
14the regional office of education program's Base Funding Minimum
15for fiscal year 2018, calculated under Section 18-8.15, then
16the State Board of Education shall pay the regional program a
17grant equal to the difference between the regional program's
18Regional Program Increased Enrollment Recognition and the Base
19Funding Minimum for fiscal year 2018. Nothing in this Section
20shall be construed to alter any payments or calculations under
21Section 18-8.15.
22 (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
23 Sec. 14-7.02. Children attending private schools, public
24out-of-state schools, public school residential facilities or
25private special education facilities. The General Assembly

HB3342 Enrolled- 529 -LRB100 08528 SMS 18653 b
1recognizes that non-public schools or special education
2facilities provide an important service in the educational
3system in Illinois.
4 If because of his or her disability the special education
5program of a district is unable to meet the needs of a child
6and the child attends a non-public school or special education
7facility, a public out-of-state school or a special education
8facility owned and operated by a county government unit that
9provides special educational services required by the child and
10is in compliance with the appropriate rules and regulations of
11the State Superintendent of Education, the school district in
12which the child is a resident shall pay the actual cost of
13tuition for special education and related services provided
14during the regular school term and during the summer school
15term if the child's educational needs so require, excluding
16room, board and transportation costs charged the child by that
17non-public school or special education facility, public
18out-of-state school or county special education facility, or
19$4,500 per year, whichever is less, and shall provide him any
20necessary transportation. "Nonpublic special education
21facility" shall include a residential facility, within or
22without the State of Illinois, which provides special education
23and related services to meet the needs of the child by
24utilizing private schools or public schools, whether located on
25the site or off the site of the residential facility.
26 The State Board of Education shall promulgate rules and

HB3342 Enrolled- 530 -LRB100 08528 SMS 18653 b
1regulations for determining when placement in a private special
2education facility is appropriate. Such rules and regulations
3shall take into account the various types of services needed by
4a child and the availability of such services to the particular
5child in the public school. In developing these rules and
6regulations the State Board of Education shall consult with the
7Advisory Council on Education of Children with Disabilities and
8hold public hearings to secure recommendations from parents,
9school personnel, and others concerned about this matter.
10 The State Board of Education shall also promulgate rules
11and regulations for transportation to and from a residential
12school. Transportation to and from home to a residential school
13more than once each school term shall be subject to prior
14approval by the State Superintendent in accordance with the
15rules and regulations of the State Board.
16 A school district making tuition payments pursuant to this
17Section is eligible for reimbursement from the State for the
18amount of such payments actually made in excess of the district
19per capita tuition charge for students not receiving special
20education services. Such reimbursement shall be approved in
21accordance with Section 14-12.01 and each district shall file
22its claims, computed in accordance with rules prescribed by the
23State Board of Education, on forms prescribed by the State
24Superintendent of Education. Data used as a basis of
25reimbursement claims shall be for the preceding regular school
26term and summer school term. Each school district shall

HB3342 Enrolled- 531 -LRB100 08528 SMS 18653 b
1transmit its claims to the State Board of Education on or
2before August 15. The State Board of Education, before
3approving any such claims, shall determine their accuracy and
4whether they are based upon services and facilities provided
5under approved programs. Upon approval the State Board shall
6cause vouchers to be prepared showing the amount due for
7payment of reimbursement claims to school districts, for
8transmittal to the State Comptroller on the 30th day of
9September, December, and March, respectively, and the final
10voucher, no later than June 20. If the money appropriated by
11the General Assembly for such purpose for any year is
12insufficient, it shall be apportioned on the basis of the
13claims approved.
14 No child shall be placed in a special education program
15pursuant to this Section if the tuition cost for special
16education and related services increases more than 10 percent
17over the tuition cost for the previous school year or exceeds
18$4,500 per year unless such costs have been approved by the
19Illinois Purchased Care Review Board. The Illinois Purchased
20Care Review Board shall consist of the following persons, or
21their designees: the Directors of Children and Family Services,
22Public Health, Public Aid, and the Governor's Office of
23Management and Budget; the Secretary of Human Services; the
24State Superintendent of Education; and such other persons as
25the Governor may designate. The Review Board shall also consist
26of one non-voting member who is an administrator of a private,

HB3342 Enrolled- 532 -LRB100 08528 SMS 18653 b
1nonpublic, special education school. The Review Board shall
2establish rules and regulations for its determination of
3allowable costs and payments made by local school districts for
4special education, room and board, and other related services
5provided by non-public schools or special education facilities
6and shall establish uniform standards and criteria which it
7shall follow. The Review Board shall approve the usual and
8customary rate or rates of a special education program that (i)
9is offered by an out-of-state, non-public provider of
10integrated autism specific educational and autism specific
11residential services, (ii) offers 2 or more levels of
12residential care, including at least one locked facility, and
13(iii) serves 12 or fewer Illinois students.
14 In determining rates based on allowable costs, the review
15Board shall consider any wage increases awarded by the General
16Assembly to front line personnel defined as direct support
17persons, aides, front-line supervisors, qualified intellectual
18disabilities professionals, nurses, and non-administrative
19support staff working in service settings in community-based
20settings within the State and adjust customary rates or rates
21of a special education program to be equitable to the wage
22increase awarded to similar staff positions in a community
23residential setting. Any wage increase awarded by the General
24Assembly to front line personnel defined as direct support
25persons, aides, front-line supervisors, qualified intellectual
26disabilities professionals, nurses, and non-administrative

HB3342 Enrolled- 533 -LRB100 08528 SMS 18653 b
1support staff working in community-based settings within the
2State shall also be a basis for any facility covered by this
3Section to appeal its rate before the Review Board under the
4process defined in Title 89, Part 900, Section 340 of the
5Illinois Administrative Code. Illinois Administrative Code
6Title 89, Part 900, Section 342 shall be updated to recognize
7wage increases awarded to community-based settings to be a
8basis for appeal.
9 The Review Board shall establish uniform definitions and
10criteria for accounting separately by special education, room
11and board and other related services costs. The Board shall
12also establish guidelines for the coordination of services and
13financial assistance provided by all State agencies to assure
14that no otherwise qualified child with a disability receiving
15services under Article 14 shall be excluded from participation
16in, be denied the benefits of or be subjected to discrimination
17under any program or activity provided by any State agency.
18 The Review Board shall review the costs for special
19education and related services provided by non-public schools
20or special education facilities and shall approve or disapprove
21such facilities in accordance with the rules and regulations
22established by it with respect to allowable costs.
23 The State Board of Education shall provide administrative
24and staff support for the Review Board as deemed reasonable by
25the State Superintendent of Education. This support shall not
26include travel expenses or other compensation for any Review

HB3342 Enrolled- 534 -LRB100 08528 SMS 18653 b
1Board member other than the State Superintendent of Education.
2 The Review Board shall seek the advice of the Advisory
3Council on Education of Children with Disabilities on the rules
4and regulations to be promulgated by it relative to providing
5special education services.
6 If a child has been placed in a program in which the actual
7per pupil costs of tuition for special education and related
8services based on program enrollment, excluding room, board and
9transportation costs, exceed $4,500 and such costs have been
10approved by the Review Board, the district shall pay such total
11costs which exceed $4,500. A district making such tuition
12payments in excess of $4,500 pursuant to this Section shall be
13responsible for an amount in excess of $4,500 equal to the
14district per capita tuition charge and shall be eligible for
15reimbursement from the State for the amount of such payments
16actually made in excess of the districts per capita tuition
17charge for students not receiving special education services.
18 If a child has been placed in an approved individual
19program and the tuition costs including room and board costs
20have been approved by the Review Board, then such room and
21board costs shall be paid by the appropriate State agency
22subject to the provisions of Section 14-8.01 of this Act. Room
23and board costs not provided by a State agency other than the
24State Board of Education shall be provided by the State Board
25of Education on a current basis. In no event, however, shall
26the State's liability for funding of these tuition costs begin

HB3342 Enrolled- 535 -LRB100 08528 SMS 18653 b
1until after the legal obligations of third party payors have
2been subtracted from such costs. If the money appropriated by
3the General Assembly for such purpose for any year is
4insufficient, it shall be apportioned on the basis of the
5claims approved. Each district shall submit estimated claims to
6the State Superintendent of Education. Upon approval of such
7claims, the State Superintendent of Education shall direct the
8State Comptroller to make payments on a monthly basis. The
9frequency for submitting estimated claims and the method of
10determining payment shall be prescribed in rules and
11regulations adopted by the State Board of Education. Such
12current state reimbursement shall be reduced by an amount equal
13to the proceeds which the child or child's parents are eligible
14to receive under any public or private insurance or assistance
15program. Nothing in this Section shall be construed as
16relieving an insurer or similar third party from an otherwise
17valid obligation to provide or to pay for services provided to
18a child with a disability.
19 If it otherwise qualifies, a school district is eligible
20for the transportation reimbursement under Section 14-13.01
21and for the reimbursement of tuition payments under this
22Section whether the non-public school or special education
23facility, public out-of-state school or county special
24education facility, attended by a child who resides in that
25district and requires special educational services, is within
26or outside of the State of Illinois. However, a district is not

HB3342 Enrolled- 536 -LRB100 08528 SMS 18653 b
1eligible to claim transportation reimbursement under this
2Section unless the district certifies to the State
3Superintendent of Education that the district is unable to
4provide special educational services required by the child for
5the current school year.
6 Nothing in this Section authorizes the reimbursement of a
7school district for the amount paid for tuition of a child
8attending a non-public school or special education facility,
9public out-of-state school or county special education
10facility unless the school district certifies to the State
11Superintendent of Education that the special education program
12of that district is unable to meet the needs of that child
13because of his disability and the State Superintendent of
14Education finds that the school district is in substantial
15compliance with Section 14-4.01. However, if a child is
16unilaterally placed by a State agency or any court in a
17non-public school or special education facility, public
18out-of-state school, or county special education facility, a
19school district shall not be required to certify to the State
20Superintendent of Education, for the purpose of tuition
21reimbursement, that the special education program of that
22district is unable to meet the needs of a child because of his
23or her disability.
24 Any educational or related services provided, pursuant to
25this Section in a non-public school or special education
26facility or a special education facility owned and operated by

HB3342 Enrolled- 537 -LRB100 08528 SMS 18653 b
1a county government unit shall be at no cost to the parent or
2guardian of the child. However, current law and practices
3relative to contributions by parents or guardians for costs
4other than educational or related services are not affected by
5this amendatory Act of 1978.
6 Reimbursement for children attending public school
7residential facilities shall be made in accordance with the
8provisions of this Section.
9 Notwithstanding any other provision of law, any school
10district receiving a payment under this Section or under
11Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
12all or a portion of the funds that it receives in a particular
13fiscal year or from general State aid pursuant to Section
1418-8.05 of this Code as funds received in connection with any
15funding program for which it is entitled to receive funds from
16the State in that fiscal year (including, without limitation,
17any funding program referenced in this Section), regardless of
18the source or timing of the receipt. The district may not
19classify more funds as funds received in connection with the
20funding program than the district is entitled to receive in
21that fiscal year for that program. Any classification by a
22district must be made by a resolution of its board of
23education. The resolution must identify the amount of any
24payments or general State aid to be classified under this
25paragraph and must specify the funding program to which the
26funds are to be treated as received in connection therewith.

HB3342 Enrolled- 538 -LRB100 08528 SMS 18653 b
1This resolution is controlling as to the classification of
2funds referenced therein. A certified copy of the resolution
3must be sent to the State Superintendent of Education. The
4resolution shall still take effect even though a copy of the
5resolution has not been sent to the State Superintendent of
6Education in a timely manner. No classification under this
7paragraph by a district shall affect the total amount or timing
8of money the district is entitled to receive under this Code.
9No classification under this paragraph by a district shall in
10any way relieve the district from or affect any requirements
11that otherwise would apply with respect to that funding
12program, including any accounting of funds by source, reporting
13expenditures by original source and purpose, reporting
14requirements, or requirements of providing services.
15(Source: P.A. 98-636, eff. 6-6-14; 98-1008, eff. 1-1-15; 99-78,
16eff. 7-20-15; 99-143, eff. 7-27-15.)
17 Section 95-20. The Illinois Public Aid Code is amended by
18changing Sections 5-5.4 and 5-5.4i and by adding Section 5-5.4j
19as follows:
20 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
21 Sec. 5-5.4. Standards of Payment - Department of Healthcare
22and Family Services. The Department of Healthcare and Family
23Services shall develop standards of payment of nursing facility
24and ICF/DD services in facilities providing such services under

HB3342 Enrolled- 539 -LRB100 08528 SMS 18653 b
1this Article which:
2 (1) Provide for the determination of a facility's payment
3for nursing facility or ICF/DD services on a prospective basis.
4The amount of the payment rate for all nursing facilities
5certified by the Department of Public Health under the ID/DD
6Community Care Act or the Nursing Home Care Act as Intermediate
7Care for the Developmentally Disabled facilities, Long Term
8Care for Under Age 22 facilities, Skilled Nursing facilities,
9or Intermediate Care facilities under the medical assistance
10program shall be prospectively established annually on the
11basis of historical, financial, and statistical data
12reflecting actual costs from prior years, which shall be
13applied to the current rate year and updated for inflation,
14except that the capital cost element for newly constructed
15facilities shall be based upon projected budgets. The annually
16established payment rate shall take effect on July 1 in 1984
17and subsequent years. No rate increase and no update for
18inflation shall be provided on or after July 1, 1994, unless
19specifically provided for in this Section. The changes made by
20Public Act 93-841 extending the duration of the prohibition
21against a rate increase or update for inflation are effective
22retroactive to July 1, 2004.
23 For facilities licensed by the Department of Public Health
24under the Nursing Home Care Act as Intermediate Care for the
25Developmentally Disabled facilities or Long Term Care for Under
26Age 22 facilities, the rates taking effect on July 1, 1998

HB3342 Enrolled- 540 -LRB100 08528 SMS 18653 b
1shall include an increase of 3%. For facilities licensed by the
2Department of Public Health under the Nursing Home Care Act as
3Skilled Nursing facilities or Intermediate Care facilities,
4the rates taking effect on July 1, 1998 shall include an
5increase of 3% plus $1.10 per resident-day, as defined by the
6Department. For facilities licensed by the Department of Public
7Health under the Nursing Home Care Act as Intermediate Care
8Facilities for the Developmentally Disabled or Long Term Care
9for Under Age 22 facilities, the rates taking effect on January
101, 2006 shall include an increase of 3%. For facilities
11licensed by the Department of Public Health under the Nursing
12Home Care Act as Intermediate Care Facilities for the
13Developmentally Disabled or Long Term Care for Under Age 22
14facilities, the rates taking effect on January 1, 2009 shall
15include an increase sufficient to provide a $0.50 per hour wage
16increase for non-executive staff. For facilities licensed by
17the Department of Public Health under the ID/DD Community Care
18Act as ID/DD Facilities the rates taking effect within 30 days
19after July 6, 2017 (the effective date of Public Act 100-23)
20this amendatory Act of the 100th General Assembly shall include
21an increase sufficient to provide a $0.75 per hour wage
22increase for non-executive staff. The Department shall adopt
23rules, including emergency rules under subsection (y) of
24Section 5-45 of the Illinois Administrative Procedure Act, to
25implement the provisions of this paragraph. For facilities
26licensed by the Department of Public Health under the ID/DD

HB3342 Enrolled- 541 -LRB100 08528 SMS 18653 b
1Community Care Act as ID/DD Facilities and under the MC/DD Act
2as MC/DD Facilities, the rates taking effect within 30 days
3after the effective date of this amendatory Act of the 100th
4General Assembly shall include an increase sufficient to
5provide a $0.50 per hour wage increase for non-executive
6front-line personnel, including, but not limited to, direct
7support persons, aides, front-line supervisors, qualified
8intellectual disabilities professionals, nurses, and
9non-administrative support staff. The Department shall adopt
10rules, including emergency rules under subsection (bb) of
11Section 5-45 of the Illinois Administrative Procedure Act, to
12implement the provisions of this paragraph.
13 For facilities licensed by the Department of Public Health
14under the Nursing Home Care Act as Intermediate Care for the
15Developmentally Disabled facilities or Long Term Care for Under
16Age 22 facilities, the rates taking effect on July 1, 1999
17shall include an increase of 1.6% plus $3.00 per resident-day,
18as defined by the Department. For facilities licensed by the
19Department of Public Health under the Nursing Home Care Act as
20Skilled Nursing facilities or Intermediate Care facilities,
21the rates taking effect on July 1, 1999 shall include an
22increase of 1.6% and, for services provided on or after October
231, 1999, shall be increased by $4.00 per resident-day, as
24defined by the Department.
25 For facilities licensed by the Department of Public Health
26under the Nursing Home Care Act as Intermediate Care for the

HB3342 Enrolled- 542 -LRB100 08528 SMS 18653 b
1Developmentally Disabled facilities or Long Term Care for Under
2Age 22 facilities, the rates taking effect on July 1, 2000
3shall include an increase of 2.5% per resident-day, as defined
4by the Department. For facilities licensed by the Department of
5Public Health under the Nursing Home Care Act as Skilled
6Nursing facilities or Intermediate Care facilities, the rates
7taking effect on July 1, 2000 shall include an increase of 2.5%
8per resident-day, as defined by the Department.
9 For facilities licensed by the Department of Public Health
10under the Nursing Home Care Act as skilled nursing facilities
11or intermediate care facilities, a new payment methodology must
12be implemented for the nursing component of the rate effective
13July 1, 2003. The Department of Public Aid (now Healthcare and
14Family Services) shall develop the new payment methodology
15using the Minimum Data Set (MDS) as the instrument to collect
16information concerning nursing home resident condition
17necessary to compute the rate. The Department shall develop the
18new payment methodology to meet the unique needs of Illinois
19nursing home residents while remaining subject to the
20appropriations provided by the General Assembly. A transition
21period from the payment methodology in effect on June 30, 2003
22to the payment methodology in effect on July 1, 2003 shall be
23provided for a period not exceeding 3 years and 184 days after
24implementation of the new payment methodology as follows:
25 (A) For a facility that would receive a lower nursing
26 component rate per patient day under the new system than

HB3342 Enrolled- 543 -LRB100 08528 SMS 18653 b
1 the facility received effective on the date immediately
2 preceding the date that the Department implements the new
3 payment methodology, the nursing component rate per
4 patient day for the facility shall be held at the level in
5 effect on the date immediately preceding the date that the
6 Department implements the new payment methodology until a
7 higher nursing component rate of reimbursement is achieved
8 by that facility.
9 (B) For a facility that would receive a higher nursing
10 component rate per patient day under the payment
11 methodology in effect on July 1, 2003 than the facility
12 received effective on the date immediately preceding the
13 date that the Department implements the new payment
14 methodology, the nursing component rate per patient day for
15 the facility shall be adjusted.
16 (C) Notwithstanding paragraphs (A) and (B), the
17 nursing component rate per patient day for the facility
18 shall be adjusted subject to appropriations provided by the
19 General Assembly.
20 For facilities licensed by the Department of Public Health
21under the Nursing Home Care Act as Intermediate Care for the
22Developmentally Disabled facilities or Long Term Care for Under
23Age 22 facilities, the rates taking effect on March 1, 2001
24shall include a statewide increase of 7.85%, as defined by the
25Department.
26 Notwithstanding any other provision of this Section, for

HB3342 Enrolled- 544 -LRB100 08528 SMS 18653 b
1facilities licensed by the Department of Public Health under
2the Nursing Home Care Act as skilled nursing facilities or
3intermediate care facilities, except facilities participating
4in the Department's demonstration program pursuant to the
5provisions of Title 77, Part 300, Subpart T of the Illinois
6Administrative Code, the numerator of the ratio used by the
7Department of Healthcare and Family Services to compute the
8rate payable under this Section using the Minimum Data Set
9(MDS) methodology shall incorporate the following annual
10amounts as the additional funds appropriated to the Department
11specifically to pay for rates based on the MDS nursing
12component methodology in excess of the funding in effect on
13December 31, 2006:
14 (i) For rates taking effect January 1, 2007,
15 $60,000,000.
16 (ii) For rates taking effect January 1, 2008,
17 $110,000,000.
18 (iii) For rates taking effect January 1, 2009,
19 $194,000,000.
20 (iv) For rates taking effect April 1, 2011, or the
21 first day of the month that begins at least 45 days after
22 the effective date of this amendatory Act of the 96th
23 General Assembly, $416,500,000 or an amount as may be
24 necessary to complete the transition to the MDS methodology
25 for the nursing component of the rate. Increased payments
26 under this item (iv) are not due and payable, however,

HB3342 Enrolled- 545 -LRB100 08528 SMS 18653 b
1 until (i) the methodologies described in this paragraph are
2 approved by the federal government in an appropriate State
3 Plan amendment and (ii) the assessment imposed by Section
4 5B-2 of this Code is determined to be a permissible tax
5 under Title XIX of the Social Security Act.
6 Notwithstanding any other provision of this Section, for
7facilities licensed by the Department of Public Health under
8the Nursing Home Care Act as skilled nursing facilities or
9intermediate care facilities, the support component of the
10rates taking effect on January 1, 2008 shall be computed using
11the most recent cost reports on file with the Department of
12Healthcare and Family Services no later than April 1, 2005,
13updated for inflation to January 1, 2006.
14 For facilities licensed by the Department of Public Health
15under the Nursing Home Care Act as Intermediate Care for the
16Developmentally Disabled facilities or Long Term Care for Under
17Age 22 facilities, the rates taking effect on April 1, 2002
18shall include a statewide increase of 2.0%, as defined by the
19Department. This increase terminates on July 1, 2002; beginning
20July 1, 2002 these rates are reduced to the level of the rates
21in effect on March 31, 2002, as defined by the Department.
22 For facilities licensed by the Department of Public Health
23under the Nursing Home Care Act as skilled nursing facilities
24or intermediate care facilities, the rates taking effect on
25July 1, 2001 shall be computed using the most recent cost
26reports on file with the Department of Public Aid no later than

HB3342 Enrolled- 546 -LRB100 08528 SMS 18653 b
1April 1, 2000, updated for inflation to January 1, 2001. For
2rates effective July 1, 2001 only, rates shall be the greater
3of the rate computed for July 1, 2001 or the rate effective on
4June 30, 2001.
5 Notwithstanding any other provision of this Section, for
6facilities licensed by the Department of Public Health under
7the Nursing Home Care Act as skilled nursing facilities or
8intermediate care facilities, the Illinois Department shall
9determine by rule the rates taking effect on July 1, 2002,
10which shall be 5.9% less than the rates in effect on June 30,
112002.
12 Notwithstanding any other provision of this Section, for
13facilities licensed by the Department of Public Health under
14the Nursing Home Care Act as skilled nursing facilities or
15intermediate care facilities, if the payment methodologies
16required under Section 5A-12 and the waiver granted under 42
17CFR 433.68 are approved by the United States Centers for
18Medicare and Medicaid Services, the rates taking effect on July
191, 2004 shall be 3.0% greater than the rates in effect on June
2030, 2004. These rates shall take effect only upon approval and
21implementation of the payment methodologies required under
22Section 5A-12.
23 Notwithstanding any other provisions of this Section, for
24facilities licensed by the Department of Public Health under
25the Nursing Home Care Act as skilled nursing facilities or
26intermediate care facilities, the rates taking effect on

HB3342 Enrolled- 547 -LRB100 08528 SMS 18653 b
1January 1, 2005 shall be 3% more than the rates in effect on
2December 31, 2004.
3 Notwithstanding any other provision of this Section, for
4facilities licensed by the Department of Public Health under
5the Nursing Home Care Act as skilled nursing facilities or
6intermediate care facilities, effective January 1, 2009, the
7per diem support component of the rates effective on January 1,
82008, computed using the most recent cost reports on file with
9the Department of Healthcare and Family Services no later than
10April 1, 2005, updated for inflation to January 1, 2006, shall
11be increased to the amount that would have been derived using
12standard Department of Healthcare and Family Services methods,
13procedures, and inflators.
14 Notwithstanding any other provisions of this Section, for
15facilities licensed by the Department of Public Health under
16the Nursing Home Care Act as intermediate care facilities that
17are federally defined as Institutions for Mental Disease, or
18facilities licensed by the Department of Public Health under
19the Specialized Mental Health Rehabilitation Act of 2013, a
20socio-development component rate equal to 6.6% of the
21facility's nursing component rate as of January 1, 2006 shall
22be established and paid effective July 1, 2006. The
23socio-development component of the rate shall be increased by a
24factor of 2.53 on the first day of the month that begins at
25least 45 days after January 11, 2008 (the effective date of
26Public Act 95-707). As of August 1, 2008, the socio-development

HB3342 Enrolled- 548 -LRB100 08528 SMS 18653 b
1component rate shall be equal to 6.6% of the facility's nursing
2component rate as of January 1, 2006, multiplied by a factor of
33.53. For services provided on or after April 1, 2011, or the
4first day of the month that begins at least 45 days after the
5effective date of this amendatory Act of the 96th General
6Assembly, whichever is later, the Illinois Department may by
7rule adjust these socio-development component rates, and may
8use different adjustment methodologies for those facilities
9participating, and those not participating, in the Illinois
10Department's demonstration program pursuant to the provisions
11of Title 77, Part 300, Subpart T of the Illinois Administrative
12Code, but in no case may such rates be diminished below those
13in effect on August 1, 2008.
14 For facilities licensed by the Department of Public Health
15under the Nursing Home Care Act as Intermediate Care for the
16Developmentally Disabled facilities or as long-term care
17facilities for residents under 22 years of age, the rates
18taking effect on July 1, 2003 shall include a statewide
19increase of 4%, as defined by the Department.
20 For facilities licensed by the Department of Public Health
21under the Nursing Home Care Act as Intermediate Care for the
22Developmentally Disabled facilities or Long Term Care for Under
23Age 22 facilities, the rates taking effect on the first day of
24the month that begins at least 45 days after the effective date
25of this amendatory Act of the 95th General Assembly shall
26include a statewide increase of 2.5%, as defined by the

HB3342 Enrolled- 549 -LRB100 08528 SMS 18653 b
1Department.
2 Notwithstanding any other provision of this Section, for
3facilities licensed by the Department of Public Health under
4the Nursing Home Care Act as skilled nursing facilities or
5intermediate care facilities, effective January 1, 2005,
6facility rates shall be increased by the difference between (i)
7a facility's per diem property, liability, and malpractice
8insurance costs as reported in the cost report filed with the
9Department of Public Aid and used to establish rates effective
10July 1, 2001 and (ii) those same costs as reported in the
11facility's 2002 cost report. These costs shall be passed
12through to the facility without caps or limitations, except for
13adjustments required under normal auditing procedures.
14 Rates established effective each July 1 shall govern
15payment for services rendered throughout that fiscal year,
16except that rates established on July 1, 1996 shall be
17increased by 6.8% for services provided on or after January 1,
181997. Such rates will be based upon the rates calculated for
19the year beginning July 1, 1990, and for subsequent years
20thereafter until June 30, 2001 shall be based on the facility
21cost reports for the facility fiscal year ending at any point
22in time during the previous calendar year, updated to the
23midpoint of the rate year. The cost report shall be on file
24with the Department no later than April 1 of the current rate
25year. Should the cost report not be on file by April 1, the
26Department shall base the rate on the latest cost report filed

HB3342 Enrolled- 550 -LRB100 08528 SMS 18653 b
1by each skilled care facility and intermediate care facility,
2updated to the midpoint of the current rate year. In
3determining rates for services rendered on and after July 1,
41985, fixed time shall not be computed at less than zero. The
5Department shall not make any alterations of regulations which
6would reduce any component of the Medicaid rate to a level
7below what that component would have been utilizing in the rate
8effective on July 1, 1984.
9 (2) Shall take into account the actual costs incurred by
10facilities in providing services for recipients of skilled
11nursing and intermediate care services under the medical
12assistance program.
13 (3) Shall take into account the medical and psycho-social
14characteristics and needs of the patients.
15 (4) Shall take into account the actual costs incurred by
16facilities in meeting licensing and certification standards
17imposed and prescribed by the State of Illinois, any of its
18political subdivisions or municipalities and by the U.S.
19Department of Health and Human Services pursuant to Title XIX
20of the Social Security Act.
21 The Department of Healthcare and Family Services shall
22develop precise standards for payments to reimburse nursing
23facilities for any utilization of appropriate rehabilitative
24personnel for the provision of rehabilitative services which is
25authorized by federal regulations, including reimbursement for
26services provided by qualified therapists or qualified

HB3342 Enrolled- 551 -LRB100 08528 SMS 18653 b
1assistants, and which is in accordance with accepted
2professional practices. Reimbursement also may be made for
3utilization of other supportive personnel under appropriate
4supervision.
5 The Department shall develop enhanced payments to offset
6the additional costs incurred by a facility serving exceptional
7need residents and shall allocate at least $4,000,000 of the
8funds collected from the assessment established by Section 5B-2
9of this Code for such payments. For the purpose of this
10Section, "exceptional needs" means, but need not be limited to,
11ventilator care and traumatic brain injury care. The enhanced
12payments for exceptional need residents under this paragraph
13are not due and payable, however, until (i) the methodologies
14described in this paragraph are approved by the federal
15government in an appropriate State Plan amendment and (ii) the
16assessment imposed by Section 5B-2 of this Code is determined
17to be a permissible tax under Title XIX of the Social Security
18Act.
19 Beginning January 1, 2014 the methodologies for
20reimbursement of nursing facility services as provided under
21this Section 5-5.4 shall no longer be applicable for services
22provided on or after January 1, 2014.
23 No payment increase under this Section for the MDS
24methodology, exceptional care residents, or the
25socio-development component rate established by Public Act
2696-1530 of the 96th General Assembly and funded by the

HB3342 Enrolled- 552 -LRB100 08528 SMS 18653 b
1assessment imposed under Section 5B-2 of this Code shall be due
2and payable until after the Department notifies the long-term
3care providers, in writing, that the payment methodologies to
4long-term care providers required under this Section have been
5approved by the Centers for Medicare and Medicaid Services of
6the U.S. Department of Health and Human Services and the
7waivers under 42 CFR 433.68 for the assessment imposed by this
8Section, if necessary, have been granted by the Centers for
9Medicare and Medicaid Services of the U.S. Department of Health
10and Human Services. Upon notification to the Department of
11approval of the payment methodologies required under this
12Section and the waivers granted under 42 CFR 433.68, all
13increased payments otherwise due under this Section prior to
14the date of notification shall be due and payable within 90
15days of the date federal approval is received.
16 On and after July 1, 2012, the Department shall reduce any
17rate of reimbursement for services or other payments or alter
18any methodologies authorized by this Code to reduce any rate of
19reimbursement for services or other payments in accordance with
20Section 5-5e.
21(Source: P.A. 100-23, eff. 7-6-17.)
22 (305 ILCS 5/5-5.4i)
23 Sec. 5-5.4i. Rates and reimbursements.
24 (a) Within 30 days after July 6, 2017 (the effective date
25of Public Act 100-23) this amendatory Act of the 100th General

HB3342 Enrolled- 553 -LRB100 08528 SMS 18653 b
1Assembly, the Department shall increase rates and
2reimbursements to fund a minimum of a $0.75 per hour wage
3increase for front-line personnel, including, but not limited
4to, direct support persons, aides, front-line supervisors,
5qualified intellectual disabilities professionals, nurses, and
6non-administrative support staff working in community-based
7provider organizations serving individuals with developmental
8disabilities. The Department shall adopt rules, including
9emergency rules under subsection (y) of Section 5-45 of the
10Illinois Administrative Procedure Act, to implement the
11provisions of this Section.
12 (b) Rates and reimbursements. Within 30 days after the
13effective date of this amendatory Act of the 100th General
14Assembly, the Department shall increase rates and
15reimbursements to fund a minimum of a $0.50 per hour wage
16increase for front-line personnel, including, but not limited
17to, direct support persons, aides, front-line supervisors,
18qualified intellectual disabilities professionals, nurses, and
19non-administrative support staff working in community-based
20provider organizations serving individuals with developmental
21disabilities. The Department shall adopt rules, including
22emergency rules under subsection (bb) of Section 5-45 of the
23Illinois Administrative Procedure Act, to implement the
24provisions of this Section.
25(Source: P.A. 100-23, eff. 7-6-17.)

HB3342 Enrolled- 554 -LRB100 08528 SMS 18653 b
1 (305 ILCS 5/5-5.4j new)
2 Sec. 5-5.4j. ID/DD targeted Medicaid rate enhancement.
3Within 30 days after the effective date of this amendatory Act
4of the 100th General Assembly, the Department shall increase
5the Medicaid per diem rate by $21.15 for facilities with more
6than 16 beds licensed by the Department of Public Health under
7the ID/DD Community Care Act located in the Department of
8Public Health's Planning Area 7-B.
9 Section 95-25. The Illinois Public Aid Code is amended by
10changing Sections 5-5, 5-30, and 5-30.1 as follows:
11 (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
12 Sec. 5-5. Medical services. The Illinois Department, by
13rule, shall determine the quantity and quality of and the rate
14of reimbursement for the medical assistance for which payment
15will be authorized, and the medical services to be provided,
16which may include all or part of the following: (1) inpatient
17hospital services; (2) outpatient hospital services; (3) other
18laboratory and X-ray services; (4) skilled nursing home
19services; (5) physicians' services whether furnished in the
20office, the patient's home, a hospital, a skilled nursing home,
21or elsewhere; (6) medical care, or any other type of remedial
22care furnished by licensed practitioners; (7) home health care
23services; (8) private duty nursing service; (9) clinic
24services; (10) dental services, including prevention and

HB3342 Enrolled- 555 -LRB100 08528 SMS 18653 b
1treatment of periodontal disease and dental caries disease for
2pregnant women, provided by an individual licensed to practice
3dentistry or dental surgery; for purposes of this item (10),
4"dental services" means diagnostic, preventive, or corrective
5procedures provided by or under the supervision of a dentist in
6the practice of his or her profession; (11) physical therapy
7and related services; (12) prescribed drugs, dentures, and
8prosthetic devices; and eyeglasses prescribed by a physician
9skilled in the diseases of the eye, or by an optometrist,
10whichever the person may select; (13) other diagnostic,
11screening, preventive, and rehabilitative services, including
12to ensure that the individual's need for intervention or
13treatment of mental disorders or substance use disorders or
14co-occurring mental health and substance use disorders is
15determined using a uniform screening, assessment, and
16evaluation process inclusive of criteria, for children and
17adults; for purposes of this item (13), a uniform screening,
18assessment, and evaluation process refers to a process that
19includes an appropriate evaluation and, as warranted, a
20referral; "uniform" does not mean the use of a singular
21instrument, tool, or process that all must utilize; (14)
22transportation and such other expenses as may be necessary;
23(15) medical treatment of sexual assault survivors, as defined
24in Section 1a of the Sexual Assault Survivors Emergency
25Treatment Act, for injuries sustained as a result of the sexual
26assault, including examinations and laboratory tests to

HB3342 Enrolled- 556 -LRB100 08528 SMS 18653 b
1discover evidence which may be used in criminal proceedings
2arising from the sexual assault; (16) the diagnosis and
3treatment of sickle cell anemia; and (17) any other medical
4care, and any other type of remedial care recognized under the
5laws of this State. The term "any other type of remedial care"
6shall include nursing care and nursing home service for persons
7who rely on treatment by spiritual means alone through prayer
8for healing.
9 Notwithstanding any other provision of this Section, a
10comprehensive tobacco use cessation program that includes
11purchasing prescription drugs or prescription medical devices
12approved by the Food and Drug Administration shall be covered
13under the medical assistance program under this Article for
14persons who are otherwise eligible for assistance under this
15Article.
16 Notwithstanding any other provision of this Code,
17reproductive health care that is otherwise legal in Illinois
18shall be covered under the medical assistance program for
19persons who are otherwise eligible for medical assistance under
20this Article.
21 Notwithstanding any other provision of this Code, the
22Illinois Department may not require, as a condition of payment
23for any laboratory test authorized under this Article, that a
24physician's handwritten signature appear on the laboratory
25test order form. The Illinois Department may, however, impose
26other appropriate requirements regarding laboratory test order

HB3342 Enrolled- 557 -LRB100 08528 SMS 18653 b
1documentation.
2 Upon receipt of federal approval of an amendment to the
3Illinois Title XIX State Plan for this purpose, the Department
4shall authorize the Chicago Public Schools (CPS) to procure a
5vendor or vendors to manufacture eyeglasses for individuals
6enrolled in a school within the CPS system. CPS shall ensure
7that its vendor or vendors are enrolled as providers in the
8medical assistance program and in any capitated Medicaid
9managed care entity (MCE) serving individuals enrolled in a
10school within the CPS system. Under any contract procured under
11this provision, the vendor or vendors must serve only
12individuals enrolled in a school within the CPS system. Claims
13for services provided by CPS's vendor or vendors to recipients
14of benefits in the medical assistance program under this Code,
15the Children's Health Insurance Program, or the Covering ALL
16KIDS Health Insurance Program shall be submitted to the
17Department or the MCE in which the individual is enrolled for
18payment and shall be reimbursed at the Department's or the
19MCE's established rates or rate methodologies for eyeglasses.
20 On and after July 1, 2012, the Department of Healthcare and
21Family Services may provide the following services to persons
22eligible for assistance under this Article who are
23participating in education, training or employment programs
24operated by the Department of Human Services as successor to
25the Department of Public Aid:
26 (1) dental services provided by or under the

HB3342 Enrolled- 558 -LRB100 08528 SMS 18653 b
1 supervision of a dentist; and
2 (2) eyeglasses prescribed by a physician skilled in the
3 diseases of the eye, or by an optometrist, whichever the
4 person may select.
5 On and after July 1, 2018, the Department of Healthcare and
6Family Services shall provide dental services to any adult who
7is otherwise eligible for assistance under the medical
8assistance program. As used in this paragraph, "dental
9services" means diagnostic, preventative, restorative, or
10corrective procedures, including procedures and services for
11the prevention and treatment of periodontal disease and dental
12caries disease, provided by an individual who is licensed to
13practice dentistry or dental surgery or who is under the
14supervision of a dentist in the practice of his or her
15profession.
16 On and after July 1, 2018, targeted dental services, as set
17forth in Exhibit D of the Consent Decree entered by the United
18States District Court for the Northern District of Illinois,
19Eastern Division, in the matter of Memisovski v. Maram, Case
20No. 92 C 1982, that are provided to adults under the medical
21assistance program shall be established at no less than the
22rates set forth in the "New Rate" column in Exhibit D of the
23Consent Decree for targeted dental services that are provided
24to persons under the age of 18 under the medical assistance
25program.
26 Notwithstanding any other provision of this Code and

HB3342 Enrolled- 559 -LRB100 08528 SMS 18653 b
1subject to federal approval, the Department may adopt rules to
2allow a dentist who is volunteering his or her service at no
3cost to render dental services through an enrolled
4not-for-profit health clinic without the dentist personally
5enrolling as a participating provider in the medical assistance
6program. A not-for-profit health clinic shall include a public
7health clinic or Federally Qualified Health Center or other
8enrolled provider, as determined by the Department, through
9which dental services covered under this Section are performed.
10The Department shall establish a process for payment of claims
11for reimbursement for covered dental services rendered under
12this provision.
13 The Illinois Department, by rule, may distinguish and
14classify the medical services to be provided only in accordance
15with the classes of persons designated in Section 5-2.
16 The Department of Healthcare and Family Services must
17provide coverage and reimbursement for amino acid-based
18elemental formulas, regardless of delivery method, for the
19diagnosis and treatment of (i) eosinophilic disorders and (ii)
20short bowel syndrome when the prescribing physician has issued
21a written order stating that the amino acid-based elemental
22formula is medically necessary.
23 The Illinois Department shall authorize the provision of,
24and shall authorize payment for, screening by low-dose
25mammography for the presence of occult breast cancer for women
2635 years of age or older who are eligible for medical

HB3342 Enrolled- 560 -LRB100 08528 SMS 18653 b
1assistance under this Article, as follows:
2 (A) A baseline mammogram for women 35 to 39 years of
3 age.
4 (B) An annual mammogram for women 40 years of age or
5 older.
6 (C) A mammogram at the age and intervals considered
7 medically necessary by the woman's health care provider for
8 women under 40 years of age and having a family history of
9 breast cancer, prior personal history of breast cancer,
10 positive genetic testing, or other risk factors.
11 (D) A comprehensive ultrasound screening and MRI of an
12 entire breast or breasts if a mammogram demonstrates
13 heterogeneous or dense breast tissue, when medically
14 necessary as determined by a physician licensed to practice
15 medicine in all of its branches.
16 (E) A screening MRI when medically necessary, as
17 determined by a physician licensed to practice medicine in
18 all of its branches.
19 All screenings shall include a physical breast exam,
20instruction on self-examination and information regarding the
21frequency of self-examination and its value as a preventative
22tool. For purposes of this Section, "low-dose mammography"
23means the x-ray examination of the breast using equipment
24dedicated specifically for mammography, including the x-ray
25tube, filter, compression device, and image receptor, with an
26average radiation exposure delivery of less than one rad per

HB3342 Enrolled- 561 -LRB100 08528 SMS 18653 b
1breast for 2 views of an average size breast. The term also
2includes digital mammography and includes breast
3tomosynthesis. As used in this Section, the term "breast
4tomosynthesis" means a radiologic procedure that involves the
5acquisition of projection images over the stationary breast to
6produce cross-sectional digital three-dimensional images of
7the breast. If, at any time, the Secretary of the United States
8Department of Health and Human Services, or its successor
9agency, promulgates rules or regulations to be published in the
10Federal Register or publishes a comment in the Federal Register
11or issues an opinion, guidance, or other action that would
12require the State, pursuant to any provision of the Patient
13Protection and Affordable Care Act (Public Law 111-148),
14including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
15successor provision, to defray the cost of any coverage for
16breast tomosynthesis outlined in this paragraph, then the
17requirement that an insurer cover breast tomosynthesis is
18inoperative other than any such coverage authorized under
19Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
20the State shall not assume any obligation for the cost of
21coverage for breast tomosynthesis set forth in this paragraph.
22 On and after January 1, 2016, the Department shall ensure
23that all networks of care for adult clients of the Department
24include access to at least one breast imaging Center of Imaging
25Excellence as certified by the American College of Radiology.
26 On and after January 1, 2012, providers participating in a

HB3342 Enrolled- 562 -LRB100 08528 SMS 18653 b
1quality improvement program approved by the Department shall be
2reimbursed for screening and diagnostic mammography at the same
3rate as the Medicare program's rates, including the increased
4reimbursement for digital mammography.
5 The Department shall convene an expert panel including
6representatives of hospitals, free-standing mammography
7facilities, and doctors, including radiologists, to establish
8quality standards for mammography.
9 On and after January 1, 2017, providers participating in a
10breast cancer treatment quality improvement program approved
11by the Department shall be reimbursed for breast cancer
12treatment at a rate that is no lower than 95% of the Medicare
13program's rates for the data elements included in the breast
14cancer treatment quality program.
15 The Department shall convene an expert panel, including
16representatives of hospitals, free standing breast cancer
17treatment centers, breast cancer quality organizations, and
18doctors, including breast surgeons, reconstructive breast
19surgeons, oncologists, and primary care providers to establish
20quality standards for breast cancer treatment.
21 Subject to federal approval, the Department shall
22establish a rate methodology for mammography at federally
23qualified health centers and other encounter-rate clinics.
24These clinics or centers may also collaborate with other
25hospital-based mammography facilities. By January 1, 2016, the
26Department shall report to the General Assembly on the status

HB3342 Enrolled- 563 -LRB100 08528 SMS 18653 b
1of the provision set forth in this paragraph.
2 The Department shall establish a methodology to remind
3women who are age-appropriate for screening mammography, but
4who have not received a mammogram within the previous 18
5months, of the importance and benefit of screening mammography.
6The Department shall work with experts in breast cancer
7outreach and patient navigation to optimize these reminders and
8shall establish a methodology for evaluating their
9effectiveness and modifying the methodology based on the
10evaluation.
11 The Department shall establish a performance goal for
12primary care providers with respect to their female patients
13over age 40 receiving an annual mammogram. This performance
14goal shall be used to provide additional reimbursement in the
15form of a quality performance bonus to primary care providers
16who meet that goal.
17 The Department shall devise a means of case-managing or
18patient navigation for beneficiaries diagnosed with breast
19cancer. This program shall initially operate as a pilot program
20in areas of the State with the highest incidence of mortality
21related to breast cancer. At least one pilot program site shall
22be in the metropolitan Chicago area and at least one site shall
23be outside the metropolitan Chicago area. On or after July 1,
242016, the pilot program shall be expanded to include one site
25in western Illinois, one site in southern Illinois, one site in
26central Illinois, and 4 sites within metropolitan Chicago. An

HB3342 Enrolled- 564 -LRB100 08528 SMS 18653 b
1evaluation of the pilot program shall be carried out measuring
2health outcomes and cost of care for those served by the pilot
3program compared to similarly situated patients who are not
4served by the pilot program.
5 The Department shall require all networks of care to
6develop a means either internally or by contract with experts
7in navigation and community outreach to navigate cancer
8patients to comprehensive care in a timely fashion. The
9Department shall require all networks of care to include access
10for patients diagnosed with cancer to at least one academic
11commission on cancer-accredited cancer program as an
12in-network covered benefit.
13 Any medical or health care provider shall immediately
14recommend, to any pregnant woman who is being provided prenatal
15services and is suspected of drug abuse or is addicted as
16defined in the Alcoholism and Other Drug Abuse and Dependency
17Act, referral to a local substance abuse treatment provider
18licensed by the Department of Human Services or to a licensed
19hospital which provides substance abuse treatment services.
20The Department of Healthcare and Family Services shall assure
21coverage for the cost of treatment of the drug abuse or
22addiction for pregnant recipients in accordance with the
23Illinois Medicaid Program in conjunction with the Department of
24Human Services.
25 All medical providers providing medical assistance to
26pregnant women under this Code shall receive information from

HB3342 Enrolled- 565 -LRB100 08528 SMS 18653 b
1the Department on the availability of services under the Drug
2Free Families with a Future or any comparable program providing
3case management services for addicted women, including
4information on appropriate referrals for other social services
5that may be needed by addicted women in addition to treatment
6for addiction.
7 The Illinois Department, in cooperation with the
8Departments of Human Services (as successor to the Department
9of Alcoholism and Substance Abuse) and Public Health, through a
10public awareness campaign, may provide information concerning
11treatment for alcoholism and drug abuse and addiction, prenatal
12health care, and other pertinent programs directed at reducing
13the number of drug-affected infants born to recipients of
14medical assistance.
15 Neither the Department of Healthcare and Family Services
16nor the Department of Human Services shall sanction the
17recipient solely on the basis of her substance abuse.
18 The Illinois Department shall establish such regulations
19governing the dispensing of health services under this Article
20as it shall deem appropriate. The Department should seek the
21advice of formal professional advisory committees appointed by
22the Director of the Illinois Department for the purpose of
23providing regular advice on policy and administrative matters,
24information dissemination and educational activities for
25medical and health care providers, and consistency in
26procedures to the Illinois Department.

HB3342 Enrolled- 566 -LRB100 08528 SMS 18653 b
1 The Illinois Department may develop and contract with
2Partnerships of medical providers to arrange medical services
3for persons eligible under Section 5-2 of this Code.
4Implementation of this Section may be by demonstration projects
5in certain geographic areas. The Partnership shall be
6represented by a sponsor organization. The Department, by rule,
7shall develop qualifications for sponsors of Partnerships.
8Nothing in this Section shall be construed to require that the
9sponsor organization be a medical organization.
10 The sponsor must negotiate formal written contracts with
11medical providers for physician services, inpatient and
12outpatient hospital care, home health services, treatment for
13alcoholism and substance abuse, and other services determined
14necessary by the Illinois Department by rule for delivery by
15Partnerships. Physician services must include prenatal and
16obstetrical care. The Illinois Department shall reimburse
17medical services delivered by Partnership providers to clients
18in target areas according to provisions of this Article and the
19Illinois Health Finance Reform Act, except that:
20 (1) Physicians participating in a Partnership and
21 providing certain services, which shall be determined by
22 the Illinois Department, to persons in areas covered by the
23 Partnership may receive an additional surcharge for such
24 services.
25 (2) The Department may elect to consider and negotiate
26 financial incentives to encourage the development of

HB3342 Enrolled- 567 -LRB100 08528 SMS 18653 b
1 Partnerships and the efficient delivery of medical care.
2 (3) Persons receiving medical services through
3 Partnerships may receive medical and case management
4 services above the level usually offered through the
5 medical assistance program.
6 Medical providers shall be required to meet certain
7qualifications to participate in Partnerships to ensure the
8delivery of high quality medical services. These
9qualifications shall be determined by rule of the Illinois
10Department and may be higher than qualifications for
11participation in the medical assistance program. Partnership
12sponsors may prescribe reasonable additional qualifications
13for participation by medical providers, only with the prior
14written approval of the Illinois Department.
15 Nothing in this Section shall limit the free choice of
16practitioners, hospitals, and other providers of medical
17services by clients. In order to ensure patient freedom of
18choice, the Illinois Department shall immediately promulgate
19all rules and take all other necessary actions so that provided
20services may be accessed from therapeutically certified
21optometrists to the full extent of the Illinois Optometric
22Practice Act of 1987 without discriminating between service
23providers.
24 The Department shall apply for a waiver from the United
25States Health Care Financing Administration to allow for the
26implementation of Partnerships under this Section.

HB3342 Enrolled- 568 -LRB100 08528 SMS 18653 b
1 The Illinois Department shall require health care
2providers to maintain records that document the medical care
3and services provided to recipients of Medical Assistance under
4this Article. Such records must be retained for a period of not
5less than 6 years from the date of service or as provided by
6applicable State law, whichever period is longer, except that
7if an audit is initiated within the required retention period
8then the records must be retained until the audit is completed
9and every exception is resolved. The Illinois Department shall
10require health care providers to make available, when
11authorized by the patient, in writing, the medical records in a
12timely fashion to other health care providers who are treating
13or serving persons eligible for Medical Assistance under this
14Article. All dispensers of medical services shall be required
15to maintain and retain business and professional records
16sufficient to fully and accurately document the nature, scope,
17details and receipt of the health care provided to persons
18eligible for medical assistance under this Code, in accordance
19with regulations promulgated by the Illinois Department. The
20rules and regulations shall require that proof of the receipt
21of prescription drugs, dentures, prosthetic devices and
22eyeglasses by eligible persons under this Section accompany
23each claim for reimbursement submitted by the dispenser of such
24medical services. No such claims for reimbursement shall be
25approved for payment by the Illinois Department without such
26proof of receipt, unless the Illinois Department shall have put

HB3342 Enrolled- 569 -LRB100 08528 SMS 18653 b
1into effect and shall be operating a system of post-payment
2audit and review which shall, on a sampling basis, be deemed
3adequate by the Illinois Department to assure that such drugs,
4dentures, prosthetic devices and eyeglasses for which payment
5is being made are actually being received by eligible
6recipients. Within 90 days after September 16, 1984 (the
7effective date of Public Act 83-1439), the Illinois Department
8shall establish a current list of acquisition costs for all
9prosthetic devices and any other items recognized as medical
10equipment and supplies reimbursable under this Article and
11shall update such list on a quarterly basis, except that the
12acquisition costs of all prescription drugs shall be updated no
13less frequently than every 30 days as required by Section
145-5.12.
15 Notwithstanding any other law to the contrary, the Illinois
16Department shall, within 365 days after July 22, 2013 (the
17effective date of Public Act 98-104), establish procedures to
18permit skilled care facilities licensed under the Nursing Home
19Care Act to submit monthly billing claims for reimbursement
20purposes. Following development of these procedures, the
21Department shall, by July 1, 2016, test the viability of the
22new system and implement any necessary operational or
23structural changes to its information technology platforms in
24order to allow for the direct acceptance and payment of nursing
25home claims.
26 Notwithstanding any other law to the contrary, the Illinois

HB3342 Enrolled- 570 -LRB100 08528 SMS 18653 b
1Department shall, within 365 days after August 15, 2014 (the
2effective date of Public Act 98-963), establish procedures to
3permit ID/DD facilities licensed under the ID/DD Community Care
4Act and MC/DD facilities licensed under the MC/DD Act to submit
5monthly billing claims for reimbursement purposes. Following
6development of these procedures, the Department shall have an
7additional 365 days to test the viability of the new system and
8to ensure that any necessary operational or structural changes
9to its information technology platforms are implemented.
10 The Illinois Department shall require all dispensers of
11medical services, other than an individual practitioner or
12group of practitioners, desiring to participate in the Medical
13Assistance program established under this Article to disclose
14all financial, beneficial, ownership, equity, surety or other
15interests in any and all firms, corporations, partnerships,
16associations, business enterprises, joint ventures, agencies,
17institutions or other legal entities providing any form of
18health care services in this State under this Article.
19 The Illinois Department may require that all dispensers of
20medical services desiring to participate in the medical
21assistance program established under this Article disclose,
22under such terms and conditions as the Illinois Department may
23by rule establish, all inquiries from clients and attorneys
24regarding medical bills paid by the Illinois Department, which
25inquiries could indicate potential existence of claims or liens
26for the Illinois Department.

HB3342 Enrolled- 571 -LRB100 08528 SMS 18653 b
1 Enrollment of a vendor shall be subject to a provisional
2period and shall be conditional for one year. During the period
3of conditional enrollment, the Department may terminate the
4vendor's eligibility to participate in, or may disenroll the
5vendor from, the medical assistance program without cause.
6Unless otherwise specified, such termination of eligibility or
7disenrollment is not subject to the Department's hearing
8process. However, a disenrolled vendor may reapply without
9penalty.
10 The Department has the discretion to limit the conditional
11enrollment period for vendors based upon category of risk of
12the vendor.
13 Prior to enrollment and during the conditional enrollment
14period in the medical assistance program, all vendors shall be
15subject to enhanced oversight, screening, and review based on
16the risk of fraud, waste, and abuse that is posed by the
17category of risk of the vendor. The Illinois Department shall
18establish the procedures for oversight, screening, and review,
19which may include, but need not be limited to: criminal and
20financial background checks; fingerprinting; license,
21certification, and authorization verifications; unscheduled or
22unannounced site visits; database checks; prepayment audit
23reviews; audits; payment caps; payment suspensions; and other
24screening as required by federal or State law.
25 The Department shall define or specify the following: (i)
26by provider notice, the "category of risk of the vendor" for

HB3342 Enrolled- 572 -LRB100 08528 SMS 18653 b
1each type of vendor, which shall take into account the level of
2screening applicable to a particular category of vendor under
3federal law and regulations; (ii) by rule or provider notice,
4the maximum length of the conditional enrollment period for
5each category of risk of the vendor; and (iii) by rule, the
6hearing rights, if any, afforded to a vendor in each category
7of risk of the vendor that is terminated or disenrolled during
8the conditional enrollment period.
9 To be eligible for payment consideration, a vendor's
10payment claim or bill, either as an initial claim or as a
11resubmitted claim following prior rejection, must be received
12by the Illinois Department, or its fiscal intermediary, no
13later than 180 days after the latest date on the claim on which
14medical goods or services were provided, with the following
15exceptions:
16 (1) In the case of a provider whose enrollment is in
17 process by the Illinois Department, the 180-day period
18 shall not begin until the date on the written notice from
19 the Illinois Department that the provider enrollment is
20 complete.
21 (2) In the case of errors attributable to the Illinois
22 Department or any of its claims processing intermediaries
23 which result in an inability to receive, process, or
24 adjudicate a claim, the 180-day period shall not begin
25 until the provider has been notified of the error.
26 (3) In the case of a provider for whom the Illinois

HB3342 Enrolled- 573 -LRB100 08528 SMS 18653 b
1 Department initiates the monthly billing process.
2 (4) In the case of a provider operated by a unit of
3 local government with a population exceeding 3,000,000
4 when local government funds finance federal participation
5 for claims payments.
6 For claims for services rendered during a period for which
7a recipient received retroactive eligibility, claims must be
8filed within 180 days after the Department determines the
9applicant is eligible. For claims for which the Illinois
10Department is not the primary payer, claims must be submitted
11to the Illinois Department within 180 days after the final
12adjudication by the primary payer.
13 In the case of long term care facilities, within 45
14calendar days of receipt by the facility of required
15prescreening information, new admissions with associated
16admission documents shall be submitted through the Medical
17Electronic Data Interchange (MEDI) or the Recipient
18Eligibility Verification (REV) System or shall be submitted
19directly to the Department of Human Services using required
20admission forms. Effective September 1, 2014, admission
21documents, including all prescreening information, must be
22submitted through MEDI or REV. Confirmation numbers assigned to
23an accepted transaction shall be retained by a facility to
24verify timely submittal. Once an admission transaction has been
25completed, all resubmitted claims following prior rejection
26are subject to receipt no later than 180 days after the

HB3342 Enrolled- 574 -LRB100 08528 SMS 18653 b
1admission transaction has been completed.
2 Claims that are not submitted and received in compliance
3with the foregoing requirements shall not be eligible for
4payment under the medical assistance program, and the State
5shall have no liability for payment of those claims.
6 To the extent consistent with applicable information and
7privacy, security, and disclosure laws, State and federal
8agencies and departments shall provide the Illinois Department
9access to confidential and other information and data necessary
10to perform eligibility and payment verifications and other
11Illinois Department functions. This includes, but is not
12limited to: information pertaining to licensure;
13certification; earnings; immigration status; citizenship; wage
14reporting; unearned and earned income; pension income;
15employment; supplemental security income; social security
16numbers; National Provider Identifier (NPI) numbers; the
17National Practitioner Data Bank (NPDB); program and agency
18exclusions; taxpayer identification numbers; tax delinquency;
19corporate information; and death records.
20 The Illinois Department shall enter into agreements with
21State agencies and departments, and is authorized to enter into
22agreements with federal agencies and departments, under which
23such agencies and departments shall share data necessary for
24medical assistance program integrity functions and oversight.
25The Illinois Department shall develop, in cooperation with
26other State departments and agencies, and in compliance with

HB3342 Enrolled- 575 -LRB100 08528 SMS 18653 b
1applicable federal laws and regulations, appropriate and
2effective methods to share such data. At a minimum, and to the
3extent necessary to provide data sharing, the Illinois
4Department shall enter into agreements with State agencies and
5departments, and is authorized to enter into agreements with
6federal agencies and departments, including but not limited to:
7the Secretary of State; the Department of Revenue; the
8Department of Public Health; the Department of Human Services;
9and the Department of Financial and Professional Regulation.
10 Beginning in fiscal year 2013, the Illinois Department
11shall set forth a request for information to identify the
12benefits of a pre-payment, post-adjudication, and post-edit
13claims system with the goals of streamlining claims processing
14and provider reimbursement, reducing the number of pending or
15rejected claims, and helping to ensure a more transparent
16adjudication process through the utilization of: (i) provider
17data verification and provider screening technology; and (ii)
18clinical code editing; and (iii) pre-pay, pre- or
19post-adjudicated predictive modeling with an integrated case
20management system with link analysis. Such a request for
21information shall not be considered as a request for proposal
22or as an obligation on the part of the Illinois Department to
23take any action or acquire any products or services.
24 The Illinois Department shall establish policies,
25procedures, standards and criteria by rule for the acquisition,
26repair and replacement of orthotic and prosthetic devices and

HB3342 Enrolled- 576 -LRB100 08528 SMS 18653 b
1durable medical equipment. Such rules shall provide, but not be
2limited to, the following services: (1) immediate repair or
3replacement of such devices by recipients; and (2) rental,
4lease, purchase or lease-purchase of durable medical equipment
5in a cost-effective manner, taking into consideration the
6recipient's medical prognosis, the extent of the recipient's
7needs, and the requirements and costs for maintaining such
8equipment. Subject to prior approval, such rules shall enable a
9recipient to temporarily acquire and use alternative or
10substitute devices or equipment pending repairs or
11replacements of any device or equipment previously authorized
12for such recipient by the Department. Notwithstanding any
13provision of Section 5-5f to the contrary, the Department may,
14by rule, exempt certain replacement wheelchair parts from prior
15approval and, for wheelchairs, wheelchair parts, wheelchair
16accessories, and related seating and positioning items,
17determine the wholesale price by methods other than actual
18acquisition costs.
19 The Department shall require, by rule, all providers of
20durable medical equipment to be accredited by an accreditation
21organization approved by the federal Centers for Medicare and
22Medicaid Services and recognized by the Department in order to
23bill the Department for providing durable medical equipment to
24recipients. No later than 15 months after the effective date of
25the rule adopted pursuant to this paragraph, all providers must
26meet the accreditation requirement.

HB3342 Enrolled- 577 -LRB100 08528 SMS 18653 b
1 The Department shall execute, relative to the nursing home
2prescreening project, written inter-agency agreements with the
3Department of Human Services and the Department on Aging, to
4effect the following: (i) intake procedures and common
5eligibility criteria for those persons who are receiving
6non-institutional services; and (ii) the establishment and
7development of non-institutional services in areas of the State
8where they are not currently available or are undeveloped; and
9(iii) notwithstanding any other provision of law, subject to
10federal approval, on and after July 1, 2012, an increase in the
11determination of need (DON) scores from 29 to 37 for applicants
12for institutional and home and community-based long term care;
13if and only if federal approval is not granted, the Department
14may, in conjunction with other affected agencies, implement
15utilization controls or changes in benefit packages to
16effectuate a similar savings amount for this population; and
17(iv) no later than July 1, 2013, minimum level of care
18eligibility criteria for institutional and home and
19community-based long term care; and (v) no later than October
201, 2013, establish procedures to permit long term care
21providers access to eligibility scores for individuals with an
22admission date who are seeking or receiving services from the
23long term care provider. In order to select the minimum level
24of care eligibility criteria, the Governor shall establish a
25workgroup that includes affected agency representatives and
26stakeholders representing the institutional and home and

HB3342 Enrolled- 578 -LRB100 08528 SMS 18653 b
1community-based long term care interests. This Section shall
2not restrict the Department from implementing lower level of
3care eligibility criteria for community-based services in
4circumstances where federal approval has been granted.
5 The Illinois Department shall develop and operate, in
6cooperation with other State Departments and agencies and in
7compliance with applicable federal laws and regulations,
8appropriate and effective systems of health care evaluation and
9programs for monitoring of utilization of health care services
10and facilities, as it affects persons eligible for medical
11assistance under this Code.
12 The Illinois Department shall report annually to the
13General Assembly, no later than the second Friday in April of
141979 and each year thereafter, in regard to:
15 (a) actual statistics and trends in utilization of
16 medical services by public aid recipients;
17 (b) actual statistics and trends in the provision of
18 the various medical services by medical vendors;
19 (c) current rate structures and proposed changes in
20 those rate structures for the various medical vendors; and
21 (d) efforts at utilization review and control by the
22 Illinois Department.
23 The period covered by each report shall be the 3 years
24ending on the June 30 prior to the report. The report shall
25include suggested legislation for consideration by the General
26Assembly. The filing of one copy of the report with the

HB3342 Enrolled- 579 -LRB100 08528 SMS 18653 b
1Speaker, one copy with the Minority Leader and one copy with
2the Clerk of the House of Representatives, one copy with the
3President, one copy with the Minority Leader and one copy with
4the Secretary of the Senate, one copy with the Legislative
5Research Unit, and such additional copies with the State
6Government Report Distribution Center for the General Assembly
7as is required under paragraph (t) of Section 7 of the State
8Library Act shall be deemed sufficient to comply with this
9Section.
10 Rulemaking authority to implement Public Act 95-1045, if
11any, is conditioned on the rules being adopted in accordance
12with all provisions of the Illinois Administrative Procedure
13Act and all rules and procedures of the Joint Committee on
14Administrative Rules; any purported rule not so adopted, for
15whatever reason, is unauthorized.
16 On and after July 1, 2012, the Department shall reduce any
17rate of reimbursement for services or other payments or alter
18any methodologies authorized by this Code to reduce any rate of
19reimbursement for services or other payments in accordance with
20Section 5-5e.
21 Because kidney transplantation can be an appropriate, cost
22effective alternative to renal dialysis when medically
23necessary and notwithstanding the provisions of Section 1-11 of
24this Code, beginning October 1, 2014, the Department shall
25cover kidney transplantation for noncitizens with end-stage
26renal disease who are not eligible for comprehensive medical

HB3342 Enrolled- 580 -LRB100 08528 SMS 18653 b
1benefits, who meet the residency requirements of Section 5-3 of
2this Code, and who would otherwise meet the financial
3requirements of the appropriate class of eligible persons under
4Section 5-2 of this Code. To qualify for coverage of kidney
5transplantation, such person must be receiving emergency renal
6dialysis services covered by the Department. Providers under
7this Section shall be prior approved and certified by the
8Department to perform kidney transplantation and the services
9under this Section shall be limited to services associated with
10kidney transplantation.
11 Notwithstanding any other provision of this Code to the
12contrary, on or after July 1, 2015, all FDA approved forms of
13medication assisted treatment prescribed for the treatment of
14alcohol dependence or treatment of opioid dependence shall be
15covered under both fee for service and managed care medical
16assistance programs for persons who are otherwise eligible for
17medical assistance under this Article and shall not be subject
18to any (1) utilization control, other than those established
19under the American Society of Addiction Medicine patient
20placement criteria, (2) prior authorization mandate, or (3)
21lifetime restriction limit mandate.
22 On or after July 1, 2015, opioid antagonists prescribed for
23the treatment of an opioid overdose, including the medication
24product, administration devices, and any pharmacy fees related
25to the dispensing and administration of the opioid antagonist,
26shall be covered under the medical assistance program for

HB3342 Enrolled- 581 -LRB100 08528 SMS 18653 b
1persons who are otherwise eligible for medical assistance under
2this Article. As used in this Section, "opioid antagonist"
3means a drug that binds to opioid receptors and blocks or
4inhibits the effect of opioids acting on those receptors,
5including, but not limited to, naloxone hydrochloride or any
6other similarly acting drug approved by the U.S. Food and Drug
7Administration.
8 Upon federal approval, the Department shall provide
9coverage and reimbursement for all drugs that are approved for
10marketing by the federal Food and Drug Administration and that
11are recommended by the federal Public Health Service or the
12United States Centers for Disease Control and Prevention for
13pre-exposure prophylaxis and related pre-exposure prophylaxis
14services, including, but not limited to, HIV and sexually
15transmitted infection screening, treatment for sexually
16transmitted infections, medical monitoring, assorted labs, and
17counseling to reduce the likelihood of HIV infection among
18individuals who are not infected with HIV but who are at high
19risk of HIV infection.
20(Source: P.A. 99-78, eff. 7-20-15; 99-180, eff. 7-29-15;
2199-236, eff. 8-3-15; 99-407 (see Section 20 of P.A. 99-588 for
22the effective date of P.A. 99-407); 99-433, eff. 8-21-15;
2399-480, eff. 9-9-15; 99-588, eff. 7-20-16; 99-642, eff.
247-28-16; 99-772, eff. 1-1-17; 99-895, eff. 1-1-17; 100-201,
25eff. 8-18-17; 100-395, eff. 1-1-18; 100-449, eff. 1-1-18;
26100-538, eff. 1-1-18; revised 10-26-17.)

HB3342 Enrolled- 582 -LRB100 08528 SMS 18653 b
1 (305 ILCS 5/5-30)
2 Sec. 5-30. Care coordination.
3 (a) At least 50% of recipients eligible for comprehensive
4medical benefits in all medical assistance programs or other
5health benefit programs administered by the Department,
6including the Children's Health Insurance Program Act and the
7Covering ALL KIDS Health Insurance Act, shall be enrolled in a
8care coordination program by no later than January 1, 2015. For
9purposes of this Section, "coordinated care" or "care
10coordination" means delivery systems where recipients will
11receive their care from providers who participate under
12contract in integrated delivery systems that are responsible
13for providing or arranging the majority of care, including
14primary care physician services, referrals from primary care
15physicians, diagnostic and treatment services, behavioral
16health services, in-patient and outpatient hospital services,
17dental services, and rehabilitation and long-term care
18services. The Department shall designate or contract for such
19integrated delivery systems (i) to ensure enrollees have a
20choice of systems and of primary care providers within such
21systems; (ii) to ensure that enrollees receive quality care in
22a culturally and linguistically appropriate manner; and (iii)
23to ensure that coordinated care programs meet the diverse needs
24of enrollees with developmental, mental health, physical, and
25age-related disabilities.

HB3342 Enrolled- 583 -LRB100 08528 SMS 18653 b
1 (b) Payment for such coordinated care shall be based on
2arrangements where the State pays for performance related to
3health care outcomes, the use of evidence-based practices, the
4use of primary care delivered through comprehensive medical
5homes, the use of electronic medical records, and the
6appropriate exchange of health information electronically made
7either on a capitated basis in which a fixed monthly premium
8per recipient is paid and full financial risk is assumed for
9the delivery of services, or through other risk-based payment
10arrangements.
11 (c) To qualify for compliance with this Section, the 50%
12goal shall be achieved by enrolling medical assistance
13enrollees from each medical assistance enrollment category,
14including parents, children, seniors, and people with
15disabilities to the extent that current State Medicaid payment
16laws would not limit federal matching funds for recipients in
17care coordination programs. In addition, services must be more
18comprehensively defined and more risk shall be assumed than in
19the Department's primary care case management program as of
20January 25, 2011 (the effective date of Public Act 96-1501).
21 (d) The Department shall report to the General Assembly in
22a separate part of its annual medical assistance program
23report, beginning April, 2012 until April, 2016, on the
24progress and implementation of the care coordination program
25initiatives established by the provisions of Public Act
2696-1501. The Department shall include in its April 2011 report

HB3342 Enrolled- 584 -LRB100 08528 SMS 18653 b
1a full analysis of federal laws or regulations regarding upper
2payment limitations to providers and the necessary revisions or
3adjustments in rate methodologies and payments to providers
4under this Code that would be necessary to implement
5coordinated care with full financial risk by a party other than
6the Department.
7 (e) Integrated Care Program for individuals with chronic
8mental health conditions.
9 (1) The Integrated Care Program shall encompass
10 services administered to recipients of medical assistance
11 under this Article to prevent exacerbations and
12 complications using cost-effective, evidence-based
13 practice guidelines and mental health management
14 strategies.
15 (2) The Department may utilize and expand upon existing
16 contractual arrangements with integrated care plans under
17 the Integrated Care Program for providing the coordinated
18 care provisions of this Section.
19 (3) Payment for such coordinated care shall be based on
20 arrangements where the State pays for performance related
21 to mental health outcomes on a capitated basis in which a
22 fixed monthly premium per recipient is paid and full
23 financial risk is assumed for the delivery of services, or
24 through other risk-based payment arrangements such as
25 provider-based care coordination.
26 (4) The Department shall examine whether chronic

HB3342 Enrolled- 585 -LRB100 08528 SMS 18653 b
1 mental health management programs and services for
2 recipients with specific chronic mental health conditions
3 do any or all of the following:
4 (A) Improve the patient's overall mental health in
5 a more expeditious and cost-effective manner.
6 (B) Lower costs in other aspects of the medical
7 assistance program, such as hospital admissions,
8 emergency room visits, or more frequent and
9 inappropriate psychotropic drug use.
10 (5) The Department shall work with the facilities and
11 any integrated care plan participating in the program to
12 identify and correct barriers to the successful
13 implementation of this subsection (e) prior to and during
14 the implementation to best facilitate the goals and
15 objectives of this subsection (e).
16 (f) A hospital that is located in a county of the State in
17which the Department mandates some or all of the beneficiaries
18of the Medical Assistance Program residing in the county to
19enroll in a Care Coordination Program, as set forth in Section
205-30 of this Code, shall not be eligible for any non-claims
21based payments not mandated by Article V-A of this Code for
22which it would otherwise be qualified to receive, unless the
23hospital is a Coordinated Care Participating Hospital no later
24than 60 days after June 14, 2012 (the effective date of Public
25Act 97-689) or 60 days after the first mandatory enrollment of
26a beneficiary in a Coordinated Care program. For purposes of

HB3342 Enrolled- 586 -LRB100 08528 SMS 18653 b
1this subsection, "Coordinated Care Participating Hospital"
2means a hospital that meets one of the following criteria:
3 (1) The hospital has entered into a contract to provide
4 hospital services with one or more MCOs to enrollees of the
5 care coordination program.
6 (2) The hospital has not been offered a contract by a
7 care coordination plan that the Department has determined
8 to be a good faith offer and that pays at least as much as
9 the Department would pay, on a fee-for-service basis, not
10 including disproportionate share hospital adjustment
11 payments or any other supplemental adjustment or add-on
12 payment to the base fee-for-service rate, except to the
13 extent such adjustments or add-on payments are
14 incorporated into the development of the applicable MCO
15 capitated rates.
16 As used in this subsection (f), "MCO" means any entity
17which contracts with the Department to provide services where
18payment for medical services is made on a capitated basis.
19 (g) No later than August 1, 2013, the Department shall
20issue a purchase of care solicitation for Accountable Care
21Entities (ACE) to serve any children and parents or caretaker
22relatives of children eligible for medical assistance under
23this Article. An ACE may be a single corporate structure or a
24network of providers organized through contractual
25relationships with a single corporate entity. The solicitation
26shall require that:

HB3342 Enrolled- 587 -LRB100 08528 SMS 18653 b
1 (1) An ACE operating in Cook County be capable of
2 serving at least 40,000 eligible individuals in that
3 county; an ACE operating in Lake, Kane, DuPage, or Will
4 Counties be capable of serving at least 20,000 eligible
5 individuals in those counties and an ACE operating in other
6 regions of the State be capable of serving at least 10,000
7 eligible individuals in the region in which it operates.
8 During initial periods of mandatory enrollment, the
9 Department shall require its enrollment services
10 contractor to use a default assignment algorithm that
11 ensures if possible an ACE reaches the minimum enrollment
12 levels set forth in this paragraph.
13 (2) An ACE must include at a minimum the following
14 types of providers: primary care, specialty care,
15 hospitals, and behavioral healthcare.
16 (3) An ACE shall have a governance structure that
17 includes the major components of the health care delivery
18 system, including one representative from each of the
19 groups listed in paragraph (2).
20 (4) An ACE must be an integrated delivery system,
21 including a network able to provide the full range of
22 services needed by Medicaid beneficiaries and system
23 capacity to securely pass clinical information across
24 participating entities and to aggregate and analyze that
25 data in order to coordinate care.
26 (5) An ACE must be capable of providing both care

HB3342 Enrolled- 588 -LRB100 08528 SMS 18653 b
1 coordination and complex case management, as necessary, to
2 beneficiaries. To be responsive to the solicitation, a
3 potential ACE must outline its care coordination and
4 complex case management model and plan to reduce the cost
5 of care.
6 (6) In the first 18 months of operation, unless the ACE
7 selects a shorter period, an ACE shall be paid care
8 coordination fees on a per member per month basis that are
9 projected to be cost neutral to the State during the term
10 of their payment and, subject to federal approval, be
11 eligible to share in additional savings generated by their
12 care coordination.
13 (7) In months 19 through 36 of operation, unless the
14 ACE selects a shorter period, an ACE shall be paid on a
15 pre-paid capitation basis for all medical assistance
16 covered services, under contract terms similar to Managed
17 Care Organizations (MCO), with the Department sharing the
18 risk through either stop-loss insurance for extremely high
19 cost individuals or corridors of shared risk based on the
20 overall cost of the total enrollment in the ACE. The ACE
21 shall be responsible for claims processing, encounter data
22 submission, utilization control, and quality assurance.
23 (8) In the fourth and subsequent years of operation, an
24 ACE shall convert to a Managed Care Community Network
25 (MCCN), as defined in this Article, or Health Maintenance
26 Organization pursuant to the Illinois Insurance Code,

HB3342 Enrolled- 589 -LRB100 08528 SMS 18653 b
1 accepting full-risk capitation payments.
2 The Department shall allow potential ACE entities 5 months
3from the date of the posting of the solicitation to submit
4proposals. After the solicitation is released, in addition to
5the MCO rate development data available on the Department's
6website, subject to federal and State confidentiality and
7privacy laws and regulations, the Department shall provide 2
8years of de-identified summary service data on the targeted
9population, split between children and adults, showing the
10historical type and volume of services received and the cost of
11those services to those potential bidders that sign a data use
12agreement. The Department may add up to 2 non-state government
13employees with expertise in creating integrated delivery
14systems to its review team for the purchase of care
15solicitation described in this subsection. Any such
16individuals must sign a no-conflict disclosure and
17confidentiality agreement and agree to act in accordance with
18all applicable State laws.
19 During the first 2 years of an ACE's operation, the
20Department shall provide claims data to the ACE on its
21enrollees on a periodic basis no less frequently than monthly.
22 Nothing in this subsection shall be construed to limit the
23Department's mandate to enroll 50% of its beneficiaries into
24care coordination systems by January 1, 2015, using all
25available care coordination delivery systems, including Care
26Coordination Entities (CCE), MCCNs, or MCOs, nor be construed

HB3342 Enrolled- 590 -LRB100 08528 SMS 18653 b
1to affect the current CCEs, MCCNs, and MCOs selected to serve
2seniors and persons with disabilities prior to that date.
3 Nothing in this subsection precludes the Department from
4considering future proposals for new ACEs or expansion of
5existing ACEs at the discretion of the Department.
6 (h) Department contracts with MCOs and other entities
7reimbursed by risk based capitation shall have a minimum
8medical loss ratio of 85%, shall require the entity to
9establish an appeals and grievances process for consumers and
10providers, and shall require the entity to provide a quality
11assurance and utilization review program. Entities contracted
12with the Department to coordinate healthcare regardless of risk
13shall be measured utilizing the same quality metrics. The
14quality metrics may be population specific. Any contracted
15entity serving at least 5,000 seniors or people with
16disabilities or 15,000 individuals in other populations
17covered by the Medical Assistance Program that has been
18receiving full-risk capitation for a year shall be accredited
19by a national accreditation organization authorized by the
20Department within 2 years after the date it is eligible to
21become accredited. The requirements of this subsection shall
22apply to contracts with MCOs entered into or renewed or
23extended after June 1, 2013.
24 (h-5) The Department shall monitor and enforce compliance
25by MCOs with agreements they have entered into with providers
26on issues that include, but are not limited to, timeliness of

HB3342 Enrolled- 591 -LRB100 08528 SMS 18653 b
1payment, payment rates, and processes for obtaining prior
2approval. The Department may impose sanctions on MCOs for
3violating provisions of those agreements that include, but are
4not limited to, financial penalties, suspension of enrollment
5of new enrollees, and termination of the MCO's contract with
6the Department. As used in this subsection (h-5), "MCO" has the
7meaning ascribed to that term in Section 5-30.1 of this Code.
8 (i) Unless otherwise required by federal law, Medicaid
9Managed Care Entities and their respective business associates
10shall not disclose, directly or indirectly, including by
11sending a bill or explanation of benefits, information
12concerning the sensitive health services received by enrollees
13of the Medicaid Managed Care Entity to any person other than
14covered entities and business associates, which may receive,
15use, and further disclose such information solely for the
16purposes permitted under applicable federal and State laws and
17regulations if such use and further disclosure satisfies all
18applicable requirements of such laws and regulations. The
19Medicaid Managed Care Entity or its respective business
20associates may disclose information concerning the sensitive
21health services if the enrollee who received the sensitive
22health services requests the information from the Medicaid
23Managed Care Entity or its respective business associates and
24authorized the sending of a bill or explanation of benefits.
25Communications including, but not limited to, statements of
26care received or appointment reminders either directly or

HB3342 Enrolled- 592 -LRB100 08528 SMS 18653 b
1indirectly to the enrollee from the health care provider,
2health care professional, and care coordinators, remain
3permissible. Medicaid Managed Care Entities or their
4respective business associates may communicate directly with
5their enrollees regarding care coordination activities for
6those enrollees.
7 For the purposes of this subsection, the term "Medicaid
8Managed Care Entity" includes Care Coordination Entities,
9Accountable Care Entities, Managed Care Organizations, and
10Managed Care Community Networks.
11 For purposes of this subsection, the term "sensitive health
12services" means mental health services, substance abuse
13treatment services, reproductive health services, family
14planning services, services for sexually transmitted
15infections and sexually transmitted diseases, and services for
16sexual assault or domestic abuse. Services include prevention,
17screening, consultation, examination, treatment, or follow-up.
18 For purposes of this subsection, "business associate",
19"covered entity", "disclosure", and "use" have the meanings
20ascribed to those terms in 45 CFR 160.103.
21 Nothing in this subsection shall be construed to relieve a
22Medicaid Managed Care Entity or the Department of any duty to
23report incidents of sexually transmitted infections to the
24Department of Public Health or to the local board of health in
25accordance with regulations adopted under a statute or
26ordinance or to report incidents of sexually transmitted

HB3342 Enrolled- 593 -LRB100 08528 SMS 18653 b
1infections as necessary to comply with the requirements under
2Section 5 of the Abused and Neglected Child Reporting Act or as
3otherwise required by State or federal law.
4 The Department shall create policy in order to implement
5the requirements in this subsection.
6 (j) Managed Care Entities (MCEs), including MCOs and all
7other care coordination organizations, shall develop and
8maintain a written language access policy that sets forth the
9standards, guidelines, and operational plan to ensure language
10appropriate services and that is consistent with the standard
11of meaningful access for populations with limited English
12proficiency. The language access policy shall describe how the
13MCEs will provide all of the following required services:
14 (1) Translation (the written replacement of text from
15 one language into another) of all vital documents and forms
16 as identified by the Department.
17 (2) Qualified interpreter services (the oral
18 communication of a message from one language into another
19 by a qualified interpreter).
20 (3) Staff training on the language access policy,
21 including how to identify language needs, access and
22 provide language assistance services, work with
23 interpreters, request translations, and track the use of
24 language assistance services.
25 (4) Data tracking that identifies the language need.
26 (5) Notification to participants on the availability

HB3342 Enrolled- 594 -LRB100 08528 SMS 18653 b
1 of language access services and on how to access such
2 services.
3 (k) The Department shall actively monitor the contractual
4relationship between Managed Care Organizations (MCOs) and any
5dental administrator contracted by an MCO to provide dental
6services. The Department shall adopt appropriate dental
7Healthcare Effectiveness Data and Information Set (HEDIS)
8measures and shall include the Annual Dental Visit (ADV) HEDIS
9measure in its Health Plan Comparison Tool and Illinois
10Medicaid Plan Report Card that is available on the Department's
11website for enrolled individuals.
12 The Department shall collect from each MCO specific
13information about the types of contracted, broad-based care
14coordination occurring between the MCO and any dental
15administrator, including, but not limited to, pregnant women
16and diabetic patients in need of oral care.
17(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
1899-106, eff. 1-1-16; 99-181, eff. 7-29-15; 99-566, eff. 1-1-17;
1999-642, eff. 7-28-16.)
20 (305 ILCS 5/5-30.1)
21 Sec. 5-30.1. Managed care protections.
22 (a) As used in this Section:
23 "Managed care organization" or "MCO" means any entity which
24contracts with the Department to provide services where payment
25for medical services is made on a capitated basis.

HB3342 Enrolled- 595 -LRB100 08528 SMS 18653 b
1 "Emergency services" include:
2 (1) emergency services, as defined by Section 10 of the
3 Managed Care Reform and Patient Rights Act;
4 (2) emergency medical screening examinations, as
5 defined by Section 10 of the Managed Care Reform and
6 Patient Rights Act;
7 (3) post-stabilization medical services, as defined by
8 Section 10 of the Managed Care Reform and Patient Rights
9 Act; and
10 (4) emergency medical conditions, as defined by
11 Section 10 of the Managed Care Reform and Patient Rights
12 Act.
13 (b) As provided by Section 5-16.12, managed care
14organizations are subject to the provisions of the Managed Care
15Reform and Patient Rights Act.
16 (c) An MCO shall pay any provider of emergency services
17that does not have in effect a contract with the contracted
18Medicaid MCO. The default rate of reimbursement shall be the
19rate paid under Illinois Medicaid fee-for-service program
20methodology, including all policy adjusters, including but not
21limited to Medicaid High Volume Adjustments, Medicaid
22Percentage Adjustments, Outpatient High Volume Adjustments,
23and all outlier add-on adjustments to the extent such
24adjustments are incorporated in the development of the
25applicable MCO capitated rates.
26 (d) An MCO shall pay for all post-stabilization services as

HB3342 Enrolled- 596 -LRB100 08528 SMS 18653 b
1a covered service in any of the following situations:
2 (1) the MCO authorized such services;
3 (2) such services were administered to maintain the
4 enrollee's stabilized condition within one hour after a
5 request to the MCO for authorization of further
6 post-stabilization services;
7 (3) the MCO did not respond to a request to authorize
8 such services within one hour;
9 (4) the MCO could not be contacted; or
10 (5) the MCO and the treating provider, if the treating
11 provider is a non-affiliated provider, could not reach an
12 agreement concerning the enrollee's care and an affiliated
13 provider was unavailable for a consultation, in which case
14 the MCO must pay for such services rendered by the treating
15 non-affiliated provider until an affiliated provider was
16 reached and either concurred with the treating
17 non-affiliated provider's plan of care or assumed
18 responsibility for the enrollee's care. Such payment shall
19 be made at the default rate of reimbursement paid under
20 Illinois Medicaid fee-for-service program methodology,
21 including all policy adjusters, including but not limited
22 to Medicaid High Volume Adjustments, Medicaid Percentage
23 Adjustments, Outpatient High Volume Adjustments and all
24 outlier add-on adjustments to the extent that such
25 adjustments are incorporated in the development of the
26 applicable MCO capitated rates.

HB3342 Enrolled- 597 -LRB100 08528 SMS 18653 b
1 (e) The following requirements apply to MCOs in determining
2payment for all emergency services:
3 (1) MCOs shall not impose any requirements for prior
4 approval of emergency services.
5 (2) The MCO shall cover emergency services provided to
6 enrollees who are temporarily away from their residence and
7 outside the contracting area to the extent that the
8 enrollees would be entitled to the emergency services if
9 they still were within the contracting area.
10 (3) The MCO shall have no obligation to cover medical
11 services provided on an emergency basis that are not
12 covered services under the contract.
13 (4) The MCO shall not condition coverage for emergency
14 services on the treating provider notifying the MCO of the
15 enrollee's screening and treatment within 10 days after
16 presentation for emergency services.
17 (5) The determination of the attending emergency
18 physician, or the provider actually treating the enrollee,
19 of whether an enrollee is sufficiently stabilized for
20 discharge or transfer to another facility, shall be binding
21 on the MCO. The MCO shall cover emergency services for all
22 enrollees whether the emergency services are provided by an
23 affiliated or non-affiliated provider.
24 (6) The MCO's financial responsibility for
25 post-stabilization care services it has not pre-approved
26 ends when:

HB3342 Enrolled- 598 -LRB100 08528 SMS 18653 b
1 (A) a plan physician with privileges at the
2 treating hospital assumes responsibility for the
3 enrollee's care;
4 (B) a plan physician assumes responsibility for
5 the enrollee's care through transfer;
6 (C) a contracting entity representative and the
7 treating physician reach an agreement concerning the
8 enrollee's care; or
9 (D) the enrollee is discharged.
10 (f) Network adequacy and transparency.
11 (1) The Department shall:
12 (A) ensure that an adequate provider network is in
13 place, taking into consideration health professional
14 shortage areas and medically underserved areas;
15 (B) publicly release an explanation of its process
16 for analyzing network adequacy;
17 (C) periodically ensure that an MCO continues to
18 have an adequate network in place; and
19 (D) require MCOs, including Medicaid Managed Care
20 Entities as defined in Section 5-30.2, to meet provider
21 directory requirements under Section 5-30.3.
22 (2) Each MCO shall confirm its receipt of information
23 submitted specific to physician or dentist additions or
24 physician or dentist deletions from the MCO's provider
25 network within 3 days after receiving all required
26 information from contracted physicians or dentists, and

HB3342 Enrolled- 599 -LRB100 08528 SMS 18653 b
1 electronic physician and dental directories must be
2 updated consistent with current rules as published by the
3 Centers for Medicare and Medicaid Services or its successor
4 agency.
5 (g) Timely payment of claims.
6 (1) The MCO shall pay a claim within 30 days of
7 receiving a claim that contains all the essential
8 information needed to adjudicate the claim.
9 (2) The MCO shall notify the billing party of its
10 inability to adjudicate a claim within 30 days of receiving
11 that claim.
12 (3) The MCO shall pay a penalty that is at least equal
13 to the penalty imposed under the Illinois Insurance Code
14 for any claims not timely paid.
15 (4) The Department may establish a process for MCOs to
16 expedite payments to providers based on criteria
17 established by the Department.
18 (g-5) Recognizing that the rapid transformation of the
19Illinois Medicaid program may have unintended operational
20challenges for both payers and providers:
21 (1) in no instance shall a medically necessary covered
22 service rendered in good faith, based upon eligibility
23 information documented by the provider, be denied coverage
24 or diminished in payment amount if the eligibility or
25 coverage information available at the time the service was
26 rendered is later found to be inaccurate; and

HB3342 Enrolled- 600 -LRB100 08528 SMS 18653 b
1 (2) the Department shall, by December 31, 2016, adopt
2 rules establishing policies that shall be included in the
3 Medicaid managed care policy and procedures manual
4 addressing payment resolutions in situations in which a
5 provider renders services based upon information obtained
6 after verifying a patient's eligibility and coverage plan
7 through either the Department's current enrollment system
8 or a system operated by the coverage plan identified by the
9 patient presenting for services:
10 (A) such medically necessary covered services
11 shall be considered rendered in good faith;
12 (B) such policies and procedures shall be
13 developed in consultation with industry
14 representatives of the Medicaid managed care health
15 plans and representatives of provider associations
16 representing the majority of providers within the
17 identified provider industry; and
18 (C) such rules shall be published for a review and
19 comment period of no less than 30 days on the
20 Department's website with final rules remaining
21 available on the Department's website.
22 (3) The rules on payment resolutions shall include, but
23 not be limited to:
24 (A) the extension of the timely filing period;
25 (B) retroactive prior authorizations; and
26 (C) guaranteed minimum payment rate of no less than

HB3342 Enrolled- 601 -LRB100 08528 SMS 18653 b
1 the current, as of the date of service, fee-for-service
2 rate, plus all applicable add-ons, when the resulting
3 service relationship is out of network.
4 (4) The rules shall be applicable for both MCO coverage
5 and fee-for-service coverage.
6 (g-6) MCO Performance Metrics Report.
7 (1) The Department shall publish, on at least a
8 quarterly basis, each MCO's operational performance,
9 including, but not limited to, the following categories of
10 metrics:
11 (A) claims payment, including timeliness and
12 accuracy;
13 (B) prior authorizations;
14 (C) grievance and appeals;
15 (D) utilization statistics;
16 (E) provider disputes;
17 (F) provider credentialing; and
18 (G) member and provider customer service.
19 (2) The Department shall ensure that the metrics report
20 is accessible to providers online by January 1, 2017.
21 (3) The metrics shall be developed in consultation with
22 industry representatives of the Medicaid managed care
23 health plans and representatives of associations
24 representing the majority of providers within the
25 identified industry.
26 (4) Metrics shall be defined and incorporated into the

HB3342 Enrolled- 602 -LRB100 08528 SMS 18653 b
1 applicable Managed Care Policy Manual issued by the
2 Department.
3 (g-7) MCO claims processing and performance analysis. In
4order to monitor MCO payments to hospital providers, pursuant
5to this amendatory Act of the 100th General Assembly, the
6Department shall post an analysis of MCO claims processing and
7payment performance on its website every 6 months. Such
8analysis shall include a review and evaluation of a
9representative sample of hospital claims that are rejected and
10denied for clean and unclean claims and the top 5 reasons for
11such actions and timeliness of claims adjudication, which
12identifies the percentage of claims adjudicated within 30, 60,
1390, and over 90 days, and the dollar amounts associated with
14those claims. The Department shall post the contracted claims
15report required by HealthChoice Illinois on its website every 3
16months.
17 (h) The Department shall not expand mandatory MCO
18enrollment into new counties beyond those counties already
19designated by the Department as of June 1, 2014 for the
20individuals whose eligibility for medical assistance is not the
21seniors or people with disabilities population until the
22Department provides an opportunity for accountable care
23entities and MCOs to participate in such newly designated
24counties.
25 (i) The requirements of this Section apply to contracts
26with accountable care entities and MCOs entered into, amended,

HB3342 Enrolled- 603 -LRB100 08528 SMS 18653 b
1or renewed after June 16, 2014 (the effective date of Public
2Act 98-651).
3(Source: P.A. 99-725, eff. 8-5-16; 99-751, eff. 8-5-16;
4100-201, eff. 8-18-17; 100-580, eff. 3-12-18.)
5
ARTICLE 100. BONDING
6 Section 100-5. The General Obligation Bond Act is amended
7by changing Sections 2, 3, and 5 as follows:
8 (30 ILCS 330/2) (from Ch. 127, par. 652)
9 Sec. 2. Authorization for Bonds. The State of Illinois is
10authorized to issue, sell and provide for the retirement of
11General Obligation Bonds of the State of Illinois for the
12categories and specific purposes expressed in Sections 2
13through 8 of this Act, in the total amount of $57,717,925,743
14$55,917,925,743.
15 The bonds authorized in this Section 2 and in Section 16 of
16this Act are herein called "Bonds".
17 Of the total amount of Bonds authorized in this Act, up to
18$2,200,000,000 in aggregate original principal amount may be
19issued and sold in accordance with the Baccalaureate Savings
20Act in the form of General Obligation College Savings Bonds.
21 Of the total amount of Bonds authorized in this Act, up to
22$300,000,000 in aggregate original principal amount may be
23issued and sold in accordance with the Retirement Savings Act

HB3342 Enrolled- 604 -LRB100 08528 SMS 18653 b
1in the form of General Obligation Retirement Savings Bonds.
2 Of the total amount of Bonds authorized in this Act, the
3additional $10,000,000,000 authorized by Public Act 93-2, the
4$3,466,000,000 authorized by Public Act 96-43, and the
5$4,096,348,300 authorized by Public Act 96-1497 shall be used
6solely as provided in Section 7.2.
7 Of the total amount of Bonds authorized in this Act, the
8additional $6,000,000,000 authorized by this amendatory Act of
9the 100th General Assembly shall be used solely as provided in
10Section 7.6 and shall be issued by December 31, 2017.
11 Of the total amount of Bonds authorized in this Act,
12$1,000,000,000 of the additional amount authorized by this
13amendatory Act of the 100th General Assembly shall be used
14solely as provided in Section 7.7.
15 The issuance and sale of Bonds pursuant to the General
16Obligation Bond Act is an economical and efficient method of
17financing the long-term capital needs of the State. This Act
18will permit the issuance of a multi-purpose General Obligation
19Bond with uniform terms and features. This will not only lower
20the cost of registration but also reduce the overall cost of
21issuing debt by improving the marketability of Illinois General
22Obligation Bonds.
23(Source: P.A. 100-23, eff. 7-6-17.)
24 (30 ILCS 330/3) (from Ch. 127, par. 653)
25 Sec. 3. Capital Facilities. The amount of $10,538,963,443

HB3342 Enrolled- 605 -LRB100 08528 SMS 18653 b
1$9,753,963,443 is authorized to be used for the acquisition,
2development, construction, reconstruction, improvement,
3financing, architectural planning and installation of capital
4facilities within the State, consisting of buildings,
5structures, durable equipment, land, interests in land, and the
6costs associated with the purchase and implementation of
7information technology, including but not limited to the
8purchase of hardware and software, for the following specific
9purposes:
10 (a) $3,433,228,000 $3,393,228,000 for educational
11 purposes by State universities and colleges, the Illinois
12 Community College Board created by the Public Community
13 College Act and for grants to public community colleges as
14 authorized by Sections 5-11 and 5-12 of the Public
15 Community College Act;
16 (b) $1,648,420,000 for correctional purposes at State
17 prison and correctional centers;
18 (c) $599,183,000 for open spaces, recreational and
19 conservation purposes and the protection of land;
20 (d) $764,317,000 $751,317,000 for child care
21 facilities, mental and public health facilities, and
22 facilities for the care of veterans with disabilities and
23 their spouses;
24 (e) $2,884,790,000 $2,152,790,000 for use by the
25 State, its departments, authorities, public corporations,
26 commissions and agencies;

HB3342 Enrolled- 606 -LRB100 08528 SMS 18653 b
1 (f) $818,100 for cargo handling facilities at port
2 districts and for breakwaters, including harbor entrances,
3 at port districts in conjunction with facilities for small
4 boats and pleasure crafts;
5 (g) $297,177,074 for water resource management
6 projects;
7 (h) $16,940,269 for the provision of facilities for
8 food production research and related instructional and
9 public service activities at the State universities and
10 public community colleges;
11 (i) $36,000,000 for grants by the Secretary of State,
12 as State Librarian, for central library facilities
13 authorized by Section 8 of the Illinois Library System Act
14 and for grants by the Capital Development Board to units of
15 local government for public library facilities;
16 (j) $25,000,000 for the acquisition, development,
17 construction, reconstruction, improvement, financing,
18 architectural planning and installation of capital
19 facilities consisting of buildings, structures, durable
20 equipment and land for grants to counties, municipalities
21 or public building commissions with correctional
22 facilities that do not comply with the minimum standards of
23 the Department of Corrections under Section 3-15-2 of the
24 Unified Code of Corrections;
25 (k) $5,000,000 for grants in fiscal year 1988 by the
26 Department of Conservation for improvement or expansion of

HB3342 Enrolled- 607 -LRB100 08528 SMS 18653 b
1 aquarium facilities located on property owned by a park
2 district;
3 (l) $599,590,000 to State agencies for grants to local
4 governments for the acquisition, financing, architectural
5 planning, development, alteration, installation, and
6 construction of capital facilities consisting of
7 buildings, structures, durable equipment, and land; and
8 (m) $228,500,000 for the Illinois Open Land Trust
9 Program as defined by the Illinois Open Land Trust Act.
10 The amounts authorized above for capital facilities may be
11used for the acquisition, installation, alteration,
12construction, or reconstruction of capital facilities and for
13the purchase of equipment for the purpose of major capital
14improvements which will reduce energy consumption in State
15buildings or facilities.
16(Source: P.A. 98-94, eff. 7-17-13; 99-143, eff. 7-27-15.)
17 (30 ILCS 330/5) (from Ch. 127, par. 655)
18 Sec. 5. School Construction.
19 (a) The amount of $58,450,000 is authorized to make grants
20to local school districts for the acquisition, development,
21construction, reconstruction, rehabilitation, improvement,
22financing, architectural planning and installation of capital
23facilities, including but not limited to those required for
24special education building projects provided for in Article 14
25of The School Code, consisting of buildings, structures, and

HB3342 Enrolled- 608 -LRB100 08528 SMS 18653 b
1durable equipment, and for the acquisition and improvement of
2real property and interests in real property required, or
3expected to be required, in connection therewith.
4 (b) $22,550,000, or so much thereof as may be necessary,
5for grants to school districts for the making of principal and
6interest payments, required to be made, on bonds issued by such
7school districts after January 1, 1969, pursuant to any
8indenture, ordinance, resolution, agreement or contract to
9provide funds for the acquisition, development, construction,
10reconstruction, rehabilitation, improvement, architectural
11planning and installation of capital facilities consisting of
12buildings, structures, durable equipment and land for
13educational purposes or for lease payments required to be made
14by a school district for principal and interest payments on
15bonds issued by a Public Building Commission after January 1,
161969.
17 (c) $10,000,000 for grants to school districts for the
18acquisition, development, construction, reconstruction,
19rehabilitation, improvement, architectural planning and
20installation of capital facilities consisting of buildings
21structures, durable equipment and land for special education
22building projects.
23 (d) $9,000,000 for grants to school districts for the
24reconstruction, rehabilitation, improvement, financing and
25architectural planning of capital facilities, including
26construction at another location to replace such capital

HB3342 Enrolled- 609 -LRB100 08528 SMS 18653 b
1facilities, consisting of those public school buildings and
2temporary school facilities which, prior to January 1, 1984,
3were condemned by the regional superintendent under Section
43-14.22 of The School Code or by any State official having
5jurisdiction over building safety.
6 (e) $3,050,000,000 for grants to school districts for
7school improvement projects authorized by the School
8Construction Law. The bonds shall be sold in amounts not to
9exceed the following schedule, except any bonds not sold during
10one year shall be added to the bonds to be sold during the
11remainder of the schedule:
12 First year...................................$200,000,000
13 Second year..................................$450,000,000
14 Third year...................................$500,000,000
15 Fourth year..................................$500,000,000
16 Fifth year...................................$800,000,000
17 Sixth year and thereafter....................$600,000,000
18 (f) $1,615,000,000 $1,600,000,000 grants to school
19districts for school implemented projects authorized by the
20School Construction Law.
21(Source: P.A. 98-94, eff. 7-17-13.)
22
ARTICLE 110. PENSION CODE: RECERTIFICATION
23 Section 110-5. The Illinois Administrative Procedure Act
24is amended by changing Section 5-45 as follows:

HB3342 Enrolled- 610 -LRB100 08528 SMS 18653 b
1 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
2 Sec. 5-45. Emergency rulemaking.
3 (a) "Emergency" means the existence of any situation that
4any agency finds reasonably constitutes a threat to the public
5interest, safety, or welfare.
6 (b) If any agency finds that an emergency exists that
7requires adoption of a rule upon fewer days than is required by
8Section 5-40 and states in writing its reasons for that
9finding, the agency may adopt an emergency rule without prior
10notice or hearing upon filing a notice of emergency rulemaking
11with the Secretary of State under Section 5-70. The notice
12shall include the text of the emergency rule and shall be
13published in the Illinois Register. Consent orders or other
14court orders adopting settlements negotiated by an agency may
15be adopted under this Section. Subject to applicable
16constitutional or statutory provisions, an emergency rule
17becomes effective immediately upon filing under Section 5-65 or
18at a stated date less than 10 days thereafter. The agency's
19finding and a statement of the specific reasons for the finding
20shall be filed with the rule. The agency shall take reasonable
21and appropriate measures to make emergency rules known to the
22persons who may be affected by them.
23 (c) An emergency rule may be effective for a period of not
24longer than 150 days, but the agency's authority to adopt an
25identical rule under Section 5-40 is not precluded. No

HB3342 Enrolled- 611 -LRB100 08528 SMS 18653 b
1emergency rule may be adopted more than once in any 24-month
2period, except that this limitation on the number of emergency
3rules that may be adopted in a 24-month period does not apply
4to (i) emergency rules that make additions to and deletions
5from the Drug Manual under Section 5-5.16 of the Illinois
6Public Aid Code or the generic drug formulary under Section
73.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
8emergency rules adopted by the Pollution Control Board before
9July 1, 1997 to implement portions of the Livestock Management
10Facilities Act, (iii) emergency rules adopted by the Illinois
11Department of Public Health under subsections (a) through (i)
12of Section 2 of the Department of Public Health Act when
13necessary to protect the public's health, (iv) emergency rules
14adopted pursuant to subsection (n) of this Section, (v)
15emergency rules adopted pursuant to subsection (o) of this
16Section, or (vi) emergency rules adopted pursuant to subsection
17(c-5) of this Section. Two or more emergency rules having
18substantially the same purpose and effect shall be deemed to be
19a single rule for purposes of this Section.
20 (c-5) To facilitate the maintenance of the program of group
21health benefits provided to annuitants, survivors, and retired
22employees under the State Employees Group Insurance Act of
231971, rules to alter the contributions to be paid by the State,
24annuitants, survivors, retired employees, or any combination
25of those entities, for that program of group health benefits,
26shall be adopted as emergency rules. The adoption of those

HB3342 Enrolled- 612 -LRB100 08528 SMS 18653 b
1rules shall be considered an emergency and necessary for the
2public interest, safety, and welfare.
3 (d) In order to provide for the expeditious and timely
4implementation of the State's fiscal year 1999 budget,
5emergency rules to implement any provision of Public Act 90-587
6or 90-588 or any other budget initiative for fiscal year 1999
7may be adopted in accordance with this Section by the agency
8charged with administering that provision or initiative,
9except that the 24-month limitation on the adoption of
10emergency rules and the provisions of Sections 5-115 and 5-125
11do not apply to rules adopted under this subsection (d). The
12adoption of emergency rules authorized by this subsection (d)
13shall be deemed to be necessary for the public interest,
14safety, and welfare.
15 (e) In order to provide for the expeditious and timely
16implementation of the State's fiscal year 2000 budget,
17emergency rules to implement any provision of Public Act 91-24
18or any other budget initiative for fiscal year 2000 may be
19adopted in accordance with this Section by the agency charged
20with administering that provision or initiative, except that
21the 24-month limitation on the adoption of emergency rules and
22the provisions of Sections 5-115 and 5-125 do not apply to
23rules adopted under this subsection (e). The adoption of
24emergency rules authorized by this subsection (e) shall be
25deemed to be necessary for the public interest, safety, and
26welfare.

HB3342 Enrolled- 613 -LRB100 08528 SMS 18653 b
1 (f) In order to provide for the expeditious and timely
2implementation of the State's fiscal year 2001 budget,
3emergency rules to implement any provision of Public Act 91-712
4or any other budget initiative for fiscal year 2001 may be
5adopted in accordance with this Section by the agency charged
6with administering that provision or initiative, except that
7the 24-month limitation on the adoption of emergency rules and
8the provisions of Sections 5-115 and 5-125 do not apply to
9rules adopted under this subsection (f). The adoption of
10emergency rules authorized by this subsection (f) shall be
11deemed to be necessary for the public interest, safety, and
12welfare.
13 (g) In order to provide for the expeditious and timely
14implementation of the State's fiscal year 2002 budget,
15emergency rules to implement any provision of Public Act 92-10
16or any other budget initiative for fiscal year 2002 may be
17adopted in accordance with this Section by the agency charged
18with administering that provision or initiative, except that
19the 24-month limitation on the adoption of emergency rules and
20the provisions of Sections 5-115 and 5-125 do not apply to
21rules adopted under this subsection (g). The adoption of
22emergency rules authorized by this subsection (g) shall be
23deemed to be necessary for the public interest, safety, and
24welfare.
25 (h) In order to provide for the expeditious and timely
26implementation of the State's fiscal year 2003 budget,

HB3342 Enrolled- 614 -LRB100 08528 SMS 18653 b
1emergency rules to implement any provision of Public Act 92-597
2or any other budget initiative for fiscal year 2003 may be
3adopted in accordance with this Section by the agency charged
4with administering that provision or initiative, except that
5the 24-month limitation on the adoption of emergency rules and
6the provisions of Sections 5-115 and 5-125 do not apply to
7rules adopted under this subsection (h). The adoption of
8emergency rules authorized by this subsection (h) shall be
9deemed to be necessary for the public interest, safety, and
10welfare.
11 (i) In order to provide for the expeditious and timely
12implementation of the State's fiscal year 2004 budget,
13emergency rules to implement any provision of Public Act 93-20
14or any other budget initiative for fiscal year 2004 may be
15adopted in accordance with this Section by the agency charged
16with administering that provision or initiative, except that
17the 24-month limitation on the adoption of emergency rules and
18the provisions of Sections 5-115 and 5-125 do not apply to
19rules adopted under this subsection (i). The adoption of
20emergency rules authorized by this subsection (i) shall be
21deemed to be necessary for the public interest, safety, and
22welfare.
23 (j) In order to provide for the expeditious and timely
24implementation of the provisions of the State's fiscal year
252005 budget as provided under the Fiscal Year 2005 Budget
26Implementation (Human Services) Act, emergency rules to

HB3342 Enrolled- 615 -LRB100 08528 SMS 18653 b
1implement any provision of the Fiscal Year 2005 Budget
2Implementation (Human Services) Act may be adopted in
3accordance with this Section by the agency charged with
4administering that provision, except that the 24-month
5limitation on the adoption of emergency rules and the
6provisions of Sections 5-115 and 5-125 do not apply to rules
7adopted under this subsection (j). The Department of Public Aid
8may also adopt rules under this subsection (j) necessary to
9administer the Illinois Public Aid Code and the Children's
10Health Insurance Program Act. The adoption of emergency rules
11authorized by this subsection (j) shall be deemed to be
12necessary for the public interest, safety, and welfare.
13 (k) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152006 budget, emergency rules to implement any provision of
16Public Act 94-48 or any other budget initiative for fiscal year
172006 may be adopted in accordance with this Section by the
18agency charged with administering that provision or
19initiative, except that the 24-month limitation on the adoption
20of emergency rules and the provisions of Sections 5-115 and
215-125 do not apply to rules adopted under this subsection (k).
22The Department of Healthcare and Family Services may also adopt
23rules under this subsection (k) necessary to administer the
24Illinois Public Aid Code, the Senior Citizens and Persons with
25Disabilities Property Tax Relief Act, the Senior Citizens and
26Disabled Persons Prescription Drug Discount Program Act (now

HB3342 Enrolled- 616 -LRB100 08528 SMS 18653 b
1the Illinois Prescription Drug Discount Program Act), and the
2Children's Health Insurance Program Act. The adoption of
3emergency rules authorized by this subsection (k) shall be
4deemed to be necessary for the public interest, safety, and
5welfare.
6 (l) In order to provide for the expeditious and timely
7implementation of the provisions of the State's fiscal year
82007 budget, the Department of Healthcare and Family Services
9may adopt emergency rules during fiscal year 2007, including
10rules effective July 1, 2007, in accordance with this
11subsection to the extent necessary to administer the
12Department's responsibilities with respect to amendments to
13the State plans and Illinois waivers approved by the federal
14Centers for Medicare and Medicaid Services necessitated by the
15requirements of Title XIX and Title XXI of the federal Social
16Security Act. The adoption of emergency rules authorized by
17this subsection (l) shall be deemed to be necessary for the
18public interest, safety, and welfare.
19 (m) In order to provide for the expeditious and timely
20implementation of the provisions of the State's fiscal year
212008 budget, the Department of Healthcare and Family Services
22may adopt emergency rules during fiscal year 2008, including
23rules effective July 1, 2008, in accordance with this
24subsection to the extent necessary to administer the
25Department's responsibilities with respect to amendments to
26the State plans and Illinois waivers approved by the federal

HB3342 Enrolled- 617 -LRB100 08528 SMS 18653 b
1Centers for Medicare and Medicaid Services necessitated by the
2requirements of Title XIX and Title XXI of the federal Social
3Security Act. The adoption of emergency rules authorized by
4this subsection (m) shall be deemed to be necessary for the
5public interest, safety, and welfare.
6 (n) In order to provide for the expeditious and timely
7implementation of the provisions of the State's fiscal year
82010 budget, emergency rules to implement any provision of
9Public Act 96-45 or any other budget initiative authorized by
10the 96th General Assembly for fiscal year 2010 may be adopted
11in accordance with this Section by the agency charged with
12administering that provision or initiative. The adoption of
13emergency rules authorized by this subsection (n) shall be
14deemed to be necessary for the public interest, safety, and
15welfare. The rulemaking authority granted in this subsection
16(n) shall apply only to rules promulgated during Fiscal Year
172010.
18 (o) In order to provide for the expeditious and timely
19implementation of the provisions of the State's fiscal year
202011 budget, emergency rules to implement any provision of
21Public Act 96-958 or any other budget initiative authorized by
22the 96th General Assembly for fiscal year 2011 may be adopted
23in accordance with this Section by the agency charged with
24administering that provision or initiative. The adoption of
25emergency rules authorized by this subsection (o) is deemed to
26be necessary for the public interest, safety, and welfare. The

HB3342 Enrolled- 618 -LRB100 08528 SMS 18653 b
1rulemaking authority granted in this subsection (o) applies
2only to rules promulgated on or after July 1, 2010 (the
3effective date of Public Act 96-958) through June 30, 2011.
4 (p) In order to provide for the expeditious and timely
5implementation of the provisions of Public Act 97-689,
6emergency rules to implement any provision of Public Act 97-689
7may be adopted in accordance with this subsection (p) by the
8agency charged with administering that provision or
9initiative. The 150-day limitation of the effective period of
10emergency rules does not apply to rules adopted under this
11subsection (p), and the effective period may continue through
12June 30, 2013. The 24-month limitation on the adoption of
13emergency rules does not apply to rules adopted under this
14subsection (p). The adoption of emergency rules authorized by
15this subsection (p) is deemed to be necessary for the public
16interest, safety, and welfare.
17 (q) In order to provide for the expeditious and timely
18implementation of the provisions of Articles 7, 8, 9, 11, and
1912 of Public Act 98-104, emergency rules to implement any
20provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
21may be adopted in accordance with this subsection (q) by the
22agency charged with administering that provision or
23initiative. The 24-month limitation on the adoption of
24emergency rules does not apply to rules adopted under this
25subsection (q). The adoption of emergency rules authorized by
26this subsection (q) is deemed to be necessary for the public

HB3342 Enrolled- 619 -LRB100 08528 SMS 18653 b
1interest, safety, and welfare.
2 (r) In order to provide for the expeditious and timely
3implementation of the provisions of Public Act 98-651,
4emergency rules to implement Public Act 98-651 may be adopted
5in accordance with this subsection (r) by the Department of
6Healthcare and Family Services. The 24-month limitation on the
7adoption of emergency rules does not apply to rules adopted
8under this subsection (r). The adoption of emergency rules
9authorized by this subsection (r) is deemed to be necessary for
10the public interest, safety, and welfare.
11 (s) In order to provide for the expeditious and timely
12implementation of the provisions of Sections 5-5b.1 and 5A-2 of
13the Illinois Public Aid Code, emergency rules to implement any
14provision of Section 5-5b.1 or Section 5A-2 of the Illinois
15Public Aid Code may be adopted in accordance with this
16subsection (s) by the Department of Healthcare and Family
17Services. The rulemaking authority granted in this subsection
18(s) shall apply only to those rules adopted prior to July 1,
192015. Notwithstanding any other provision of this Section, any
20emergency rule adopted under this subsection (s) shall only
21apply to payments made for State fiscal year 2015. The adoption
22of emergency rules authorized by this subsection (s) is deemed
23to be necessary for the public interest, safety, and welfare.
24 (t) In order to provide for the expeditious and timely
25implementation of the provisions of Article II of Public Act
2699-6, emergency rules to implement the changes made by Article

HB3342 Enrolled- 620 -LRB100 08528 SMS 18653 b
1II of Public Act 99-6 to the Emergency Telephone System Act may
2be adopted in accordance with this subsection (t) by the
3Department of State Police. The rulemaking authority granted in
4this subsection (t) shall apply only to those rules adopted
5prior to July 1, 2016. The 24-month limitation on the adoption
6of emergency rules does not apply to rules adopted under this
7subsection (t). The adoption of emergency rules authorized by
8this subsection (t) is deemed to be necessary for the public
9interest, safety, and welfare.
10 (u) In order to provide for the expeditious and timely
11implementation of the provisions of the Burn Victims Relief
12Act, emergency rules to implement any provision of the Act may
13be adopted in accordance with this subsection (u) by the
14Department of Insurance. The rulemaking authority granted in
15this subsection (u) shall apply only to those rules adopted
16prior to December 31, 2015. The adoption of emergency rules
17authorized by this subsection (u) is deemed to be necessary for
18the public interest, safety, and welfare.
19 (v) In order to provide for the expeditious and timely
20implementation of the provisions of Public Act 99-516,
21emergency rules to implement Public Act 99-516 may be adopted
22in accordance with this subsection (v) by the Department of
23Healthcare and Family Services. The 24-month limitation on the
24adoption of emergency rules does not apply to rules adopted
25under this subsection (v). The adoption of emergency rules
26authorized by this subsection (v) is deemed to be necessary for

HB3342 Enrolled- 621 -LRB100 08528 SMS 18653 b
1the public interest, safety, and welfare.
2 (w) In order to provide for the expeditious and timely
3implementation of the provisions of Public Act 99-796,
4emergency rules to implement the changes made by Public Act
599-796 may be adopted in accordance with this subsection (w) by
6the Adjutant General. The adoption of emergency rules
7authorized by this subsection (w) is deemed to be necessary for
8the public interest, safety, and welfare.
9 (x) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 99-906,
11emergency rules to implement subsection (i) of Section 16-115D,
12subsection (g) of Section 16-128A, and subsection (a) of
13Section 16-128B of the Public Utilities Act may be adopted in
14accordance with this subsection (x) by the Illinois Commerce
15Commission. The rulemaking authority granted in this
16subsection (x) shall apply only to those rules adopted within
17180 days after June 1, 2017 (the effective date of Public Act
1899-906). The adoption of emergency rules authorized by this
19subsection (x) is deemed to be necessary for the public
20interest, safety, and welfare.
21 (y) In order to provide for the expeditious and timely
22implementation of the provisions of this amendatory Act of the
23100th General Assembly, emergency rules to implement the
24changes made by this amendatory Act of the 100th General
25Assembly to Section 4.02 of the Illinois Act on Aging, Sections
265.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30

HB3342 Enrolled- 622 -LRB100 08528 SMS 18653 b
1of the Alcoholism and Other Drug Abuse and Dependency Act, and
2Sections 74 and 75 of the Mental Health and Developmental
3Disabilities Administrative Act may be adopted in accordance
4with this subsection (y) by the respective Department. The
5adoption of emergency rules authorized by this subsection (y)
6is deemed to be necessary for the public interest, safety, and
7welfare.
8 (z) In order to provide for the expeditious and timely
9implementation of the provisions of this amendatory Act of the
10100th General Assembly, emergency rules to implement the
11changes made by this amendatory Act of the 100th General
12Assembly to Section 4.7 of the Lobbyist Registration Act may be
13adopted in accordance with this subsection (z) by the Secretary
14of State. The adoption of emergency rules authorized by this
15subsection (z) is deemed to be necessary for the public
16interest, safety, and welfare.
17 (aa) In order to provide for the expeditious and timely
18initial implementation of the changes made to Articles 5, 5A,
1912, and 14 of the Illinois Public Aid Code under the provisions
20of this amendatory Act of the 100th General Assembly, the
21Department of Healthcare and Family Services may adopt
22emergency rules in accordance with this subsection (aa). The
2324-month limitation on the adoption of emergency rules does not
24apply to rules to initially implement the changes made to
25Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code
26adopted under this subsection (aa). The adoption of emergency

HB3342 Enrolled- 623 -LRB100 08528 SMS 18653 b
1rules authorized by this subsection (aa) is deemed to be
2necessary for the public interest, safety, and welfare.
3 (bb) In order to provide for the expeditious and timely
4implementation of the provisions of this amendatory Act of the
5100th General Assembly, emergency rules may be adopted in
6accordance with this subsection (bb) to implement the changes
7made by this amendatory Act of the 100th General Assembly to:
8Sections 14-147.5 and 14-147.6 of the Illinois Pension Code by
9the Board created under Article 14 of the Code; Sections
1015-185.5 and 15-185.6 of the Illinois Pension Code by the Board
11created under Article 15 of the Code; and Sections 16-190.5 and
1216-190.6 of the Illinois Pension Code by the Board created
13under Article 16 of the Code. The adoption of emergency rules
14authorized by this subsection (bb) is deemed to be necessary
15for the public interest, safety, and welfare.
16(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
17eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
1899-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
19100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff.
203-12-18.)
21 Section 110-10. The State Employees Group Insurance Act of
221971 is amended by changing Sections 3 and 10 as follows:
23 (5 ILCS 375/3) (from Ch. 127, par. 523)
24 Sec. 3. Definitions. Unless the context otherwise

HB3342 Enrolled- 624 -LRB100 08528 SMS 18653 b
1requires, the following words and phrases as used in this Act
2shall have the following meanings. The Department may define
3these and other words and phrases separately for the purpose of
4implementing specific programs providing benefits under this
5Act.
6 (a) "Administrative service organization" means any
7person, firm or corporation experienced in the handling of
8claims which is fully qualified, financially sound and capable
9of meeting the service requirements of a contract of
10administration executed with the Department.
11 (b) "Annuitant" means (1) an employee who retires, or has
12retired, on or after January 1, 1966 on an immediate annuity
13under the provisions of Articles 2, 14 (including an employee
14who has elected to receive an alternative retirement
15cancellation payment under Section 14-108.5 of the Illinois
16Pension Code in lieu of an annuity or who meets the criteria
17for retirement, but in lieu of receiving an annuity under that
18Article has elected to receive an accelerated pension benefit
19payment under Section 14-147.5 of that Article), 15 (including
20an employee who has retired under the optional retirement
21program established under Section 15-158.2 or who meets the
22criteria for retirement but in lieu of receiving an annuity
23under that Article has elected to receive an accelerated
24pension benefit payment under Section 15-185.5 of the Article),
25paragraphs (2), (3), or (5) of Section 16-106 (including an
26employee who meets the criteria for retirement, but in lieu of

HB3342 Enrolled- 625 -LRB100 08528 SMS 18653 b
1receiving an annuity under that Article has elected to receive
2an accelerated pension benefit payment under Section 16-190.5
3of the Illinois Pension Code), or Article 18 of the Illinois
4Pension Code; (2) any person who was receiving group insurance
5coverage under this Act as of March 31, 1978 by reason of his
6status as an annuitant, even though the annuity in relation to
7which such coverage was provided is a proportional annuity
8based on less than the minimum period of service required for a
9retirement annuity in the system involved; (3) any person not
10otherwise covered by this Act who has retired as a
11participating member under Article 2 of the Illinois Pension
12Code but is ineligible for the retirement annuity under Section
132-119 of the Illinois Pension Code; (4) the spouse of any
14person who is receiving a retirement annuity under Article 18
15of the Illinois Pension Code and who is covered under a group
16health insurance program sponsored by a governmental employer
17other than the State of Illinois and who has irrevocably
18elected to waive his or her coverage under this Act and to have
19his or her spouse considered as the "annuitant" under this Act
20and not as a "dependent"; or (5) an employee who retires, or
21has retired, from a qualified position, as determined according
22to rules promulgated by the Director, under a qualified local
23government, a qualified rehabilitation facility, a qualified
24domestic violence shelter or service, or a qualified child
25advocacy center. (For definition of "retired employee", see (p)
26post).

HB3342 Enrolled- 626 -LRB100 08528 SMS 18653 b
1 (b-5) (Blank).
2 (b-6) (Blank).
3 (b-7) (Blank).
4 (c) "Carrier" means (1) an insurance company, a corporation
5organized under the Limited Health Service Organization Act or
6the Voluntary Health Services Plan Act, a partnership, or other
7nongovernmental organization, which is authorized to do group
8life or group health insurance business in Illinois, or (2) the
9State of Illinois as a self-insurer.
10 (d) "Compensation" means salary or wages payable on a
11regular payroll by the State Treasurer on a warrant of the
12State Comptroller out of any State, trust or federal fund, or
13by the Governor of the State through a disbursing officer of
14the State out of a trust or out of federal funds, or by any
15Department out of State, trust, federal or other funds held by
16the State Treasurer or the Department, to any person for
17personal services currently performed, and ordinary or
18accidental disability benefits under Articles 2, 14, 15
19(including ordinary or accidental disability benefits under
20the optional retirement program established under Section
2115-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
22Article 18 of the Illinois Pension Code, for disability
23incurred after January 1, 1966, or benefits payable under the
24Workers' Compensation or Occupational Diseases Act or benefits
25payable under a sick pay plan established in accordance with
26Section 36 of the State Finance Act. "Compensation" also means

HB3342 Enrolled- 627 -LRB100 08528 SMS 18653 b
1salary or wages paid to an employee of any qualified local
2government, qualified rehabilitation facility, qualified
3domestic violence shelter or service, or qualified child
4advocacy center.
5 (e) "Commission" means the State Employees Group Insurance
6Advisory Commission authorized by this Act. Commencing July 1,
71984, "Commission" as used in this Act means the Commission on
8Government Forecasting and Accountability as established by
9the Legislative Commission Reorganization Act of 1984.
10 (f) "Contributory", when referred to as contributory
11coverage, shall mean optional coverages or benefits elected by
12the member toward the cost of which such member makes
13contribution, or which are funded in whole or in part through
14the acceptance of a reduction in earnings or the foregoing of
15an increase in earnings by an employee, as distinguished from
16noncontributory coverage or benefits which are paid entirely by
17the State of Illinois without reduction of the member's salary.
18 (g) "Department" means any department, institution, board,
19commission, officer, court or any agency of the State
20government receiving appropriations and having power to
21certify payrolls to the Comptroller authorizing payments of
22salary and wages against such appropriations as are made by the
23General Assembly from any State fund, or against trust funds
24held by the State Treasurer and includes boards of trustees of
25the retirement systems created by Articles 2, 14, 15, 16 and 18
26of the Illinois Pension Code. "Department" also includes the

HB3342 Enrolled- 628 -LRB100 08528 SMS 18653 b
1Illinois Comprehensive Health Insurance Board, the Board of
2Examiners established under the Illinois Public Accounting
3Act, and the Illinois Finance Authority.
4 (h) "Dependent", when the term is used in the context of
5the health and life plan, means a member's spouse and any child
6(1) from birth to age 26 including an adopted child, a child
7who lives with the member from the time of the placement for
8adoption until entry of an order of adoption, a stepchild or
9adjudicated child, or a child who lives with the member if such
10member is a court appointed guardian of the child or (2) age 19
11or over who has a mental or physical disability from a cause
12originating prior to the age of 19 (age 26 if enrolled as an
13adult child dependent). For the health plan only, the term
14"dependent" also includes (1) any person enrolled prior to the
15effective date of this Section who is dependent upon the member
16to the extent that the member may claim such person as a
17dependent for income tax deduction purposes and (2) any person
18who has received after June 30, 2000 an organ transplant and
19who is financially dependent upon the member and eligible to be
20claimed as a dependent for income tax purposes. A member
21requesting to cover any dependent must provide documentation as
22requested by the Department of Central Management Services and
23file with the Department any and all forms required by the
24Department.
25 (i) "Director" means the Director of the Illinois
26Department of Central Management Services.

HB3342 Enrolled- 629 -LRB100 08528 SMS 18653 b
1 (j) "Eligibility period" means the period of time a member
2has to elect enrollment in programs or to select benefits
3without regard to age, sex or health.
4 (k) "Employee" means and includes each officer or employee
5in the service of a department who (1) receives his
6compensation for service rendered to the department on a
7warrant issued pursuant to a payroll certified by a department
8or on a warrant or check issued and drawn by a department upon
9a trust, federal or other fund or on a warrant issued pursuant
10to a payroll certified by an elected or duly appointed officer
11of the State or who receives payment of the performance of
12personal services on a warrant issued pursuant to a payroll
13certified by a Department and drawn by the Comptroller upon the
14State Treasurer against appropriations made by the General
15Assembly from any fund or against trust funds held by the State
16Treasurer, and (2) is employed full-time or part-time in a
17position normally requiring actual performance of duty during
18not less than 1/2 of a normal work period, as established by
19the Director in cooperation with each department, except that
20persons elected by popular vote will be considered employees
21during the entire term for which they are elected regardless of
22hours devoted to the service of the State, and (3) except that
23"employee" does not include any person who is not eligible by
24reason of such person's employment to participate in one of the
25State retirement systems under Articles 2, 14, 15 (either the
26regular Article 15 system or the optional retirement program

HB3342 Enrolled- 630 -LRB100 08528 SMS 18653 b
1established under Section 15-158.2) or 18, or under paragraph
2(2), (3), or (5) of Section 16-106, of the Illinois Pension
3Code, but such term does include persons who are employed
4during the 6 month qualifying period under Article 14 of the
5Illinois Pension Code. Such term also includes any person who
6(1) after January 1, 1966, is receiving ordinary or accidental
7disability benefits under Articles 2, 14, 15 (including
8ordinary or accidental disability benefits under the optional
9retirement program established under Section 15-158.2),
10paragraphs (2), (3), or (5) of Section 16-106, or Article 18 of
11the Illinois Pension Code, for disability incurred after
12January 1, 1966, (2) receives total permanent or total
13temporary disability under the Workers' Compensation Act or
14Occupational Disease Act as a result of injuries sustained or
15illness contracted in the course of employment with the State
16of Illinois, or (3) is not otherwise covered under this Act and
17has retired as a participating member under Article 2 of the
18Illinois Pension Code but is ineligible for the retirement
19annuity under Section 2-119 of the Illinois Pension Code.
20However, a person who satisfies the criteria of the foregoing
21definition of "employee" except that such person is made
22ineligible to participate in the State Universities Retirement
23System by clause (4) of subsection (a) of Section 15-107 of the
24Illinois Pension Code is also an "employee" for the purposes of
25this Act. "Employee" also includes any person receiving or
26eligible for benefits under a sick pay plan established in

HB3342 Enrolled- 631 -LRB100 08528 SMS 18653 b
1accordance with Section 36 of the State Finance Act. "Employee"
2also includes (i) each officer or employee in the service of a
3qualified local government, including persons appointed as
4trustees of sanitary districts regardless of hours devoted to
5the service of the sanitary district, (ii) each employee in the
6service of a qualified rehabilitation facility, (iii) each
7full-time employee in the service of a qualified domestic
8violence shelter or service, and (iv) each full-time employee
9in the service of a qualified child advocacy center, as
10determined according to rules promulgated by the Director.
11 (l) "Member" means an employee, annuitant, retired
12employee or survivor. In the case of an annuitant or retired
13employee who first becomes an annuitant or retired employee on
14or after the effective date of this amendatory Act of the 97th
15General Assembly, the individual must meet the minimum vesting
16requirements of the applicable retirement system in order to be
17eligible for group insurance benefits under that system. In the
18case of a survivor who first becomes a survivor on or after the
19effective date of this amendatory Act of the 97th General
20Assembly, the deceased employee, annuitant, or retired
21employee upon whom the annuity is based must have been eligible
22to participate in the group insurance system under the
23applicable retirement system in order for the survivor to be
24eligible for group insurance benefits under that system.
25 (m) "Optional coverages or benefits" means those coverages
26or benefits available to the member on his or her voluntary

HB3342 Enrolled- 632 -LRB100 08528 SMS 18653 b
1election, and at his or her own expense.
2 (n) "Program" means the group life insurance, health
3benefits and other employee benefits designed and contracted
4for by the Director under this Act.
5 (o) "Health plan" means a health benefits program offered
6by the State of Illinois for persons eligible for the plan.
7 (p) "Retired employee" means any person who would be an
8annuitant as that term is defined herein but for the fact that
9such person retired prior to January 1, 1966. Such term also
10includes any person formerly employed by the University of
11Illinois in the Cooperative Extension Service who would be an
12annuitant but for the fact that such person was made ineligible
13to participate in the State Universities Retirement System by
14clause (4) of subsection (a) of Section 15-107 of the Illinois
15Pension Code.
16 (q) "Survivor" means a person receiving an annuity as a
17survivor of an employee or of an annuitant. "Survivor" also
18includes: (1) the surviving dependent of a person who satisfies
19the definition of "employee" except that such person is made
20ineligible to participate in the State Universities Retirement
21System by clause (4) of subsection (a) of Section 15-107 of the
22Illinois Pension Code; (2) the surviving dependent of any
23person formerly employed by the University of Illinois in the
24Cooperative Extension Service who would be an annuitant except
25for the fact that such person was made ineligible to
26participate in the State Universities Retirement System by

HB3342 Enrolled- 633 -LRB100 08528 SMS 18653 b
1clause (4) of subsection (a) of Section 15-107 of the Illinois
2Pension Code; and (3) the surviving dependent of a person who
3was an annuitant under this Act by virtue of receiving an
4alternative retirement cancellation payment under Section
514-108.5 of the Illinois Pension Code.
6 (q-2) "SERS" means the State Employees' Retirement System
7of Illinois, created under Article 14 of the Illinois Pension
8Code.
9 (q-3) "SURS" means the State Universities Retirement
10System, created under Article 15 of the Illinois Pension Code.
11 (q-4) "TRS" means the Teachers' Retirement System of the
12State of Illinois, created under Article 16 of the Illinois
13Pension Code.
14 (q-5) (Blank).
15 (q-6) (Blank).
16 (q-7) (Blank).
17 (r) "Medical services" means the services provided within
18the scope of their licenses by practitioners in all categories
19licensed under the Medical Practice Act of 1987.
20 (s) "Unit of local government" means any county,
21municipality, township, school district (including a
22combination of school districts under the Intergovernmental
23Cooperation Act), special district or other unit, designated as
24a unit of local government by law, which exercises limited
25governmental powers or powers in respect to limited
26governmental subjects, any not-for-profit association with a

HB3342 Enrolled- 634 -LRB100 08528 SMS 18653 b
1membership that primarily includes townships and township
2officials, that has duties that include provision of research
3service, dissemination of information, and other acts for the
4purpose of improving township government, and that is funded
5wholly or partly in accordance with Section 85-15 of the
6Township Code; any not-for-profit corporation or association,
7with a membership consisting primarily of municipalities, that
8operates its own utility system, and provides research,
9training, dissemination of information, or other acts to
10promote cooperation between and among municipalities that
11provide utility services and for the advancement of the goals
12and purposes of its membership; the Southern Illinois
13Collegiate Common Market, which is a consortium of higher
14education institutions in Southern Illinois; the Illinois
15Association of Park Districts; and any hospital provider that
16is owned by a county that has 100 or fewer hospital beds and
17has not already joined the program. "Qualified local
18government" means a unit of local government approved by the
19Director and participating in a program created under
20subsection (i) of Section 10 of this Act.
21 (t) "Qualified rehabilitation facility" means any
22not-for-profit organization that is accredited by the
23Commission on Accreditation of Rehabilitation Facilities or
24certified by the Department of Human Services (as successor to
25the Department of Mental Health and Developmental
26Disabilities) to provide services to persons with disabilities

HB3342 Enrolled- 635 -LRB100 08528 SMS 18653 b
1and which receives funds from the State of Illinois for
2providing those services, approved by the Director and
3participating in a program created under subsection (j) of
4Section 10 of this Act.
5 (u) "Qualified domestic violence shelter or service" means
6any Illinois domestic violence shelter or service and its
7administrative offices funded by the Department of Human
8Services (as successor to the Illinois Department of Public
9Aid), approved by the Director and participating in a program
10created under subsection (k) of Section 10.
11 (v) "TRS benefit recipient" means a person who:
12 (1) is not a "member" as defined in this Section; and
13 (2) is receiving a monthly benefit or retirement
14 annuity under Article 16 of the Illinois Pension Code; and
15 (3) either (i) has at least 8 years of creditable
16 service under Article 16 of the Illinois Pension Code, or
17 (ii) was enrolled in the health insurance program offered
18 under that Article on January 1, 1996, or (iii) is the
19 survivor of a benefit recipient who had at least 8 years of
20 creditable service under Article 16 of the Illinois Pension
21 Code or was enrolled in the health insurance program
22 offered under that Article on the effective date of this
23 amendatory Act of 1995, or (iv) is a recipient or survivor
24 of a recipient of a disability benefit under Article 16 of
25 the Illinois Pension Code.
26 (w) "TRS dependent beneficiary" means a person who:

HB3342 Enrolled- 636 -LRB100 08528 SMS 18653 b
1 (1) is not a "member" or "dependent" as defined in this
2 Section; and
3 (2) is a TRS benefit recipient's: (A) spouse, (B)
4 dependent parent who is receiving at least half of his or
5 her support from the TRS benefit recipient, or (C) natural,
6 step, adjudicated, or adopted child who is (i) under age
7 26, (ii) was, on January 1, 1996, participating as a
8 dependent beneficiary in the health insurance program
9 offered under Article 16 of the Illinois Pension Code, or
10 (iii) age 19 or over who has a mental or physical
11 disability from a cause originating prior to the age of 19
12 (age 26 if enrolled as an adult child).
13 "TRS dependent beneficiary" does not include, as indicated
14under paragraph (2) of this subsection (w), a dependent of the
15survivor of a TRS benefit recipient who first becomes a
16dependent of a survivor of a TRS benefit recipient on or after
17the effective date of this amendatory Act of the 97th General
18Assembly unless that dependent would have been eligible for
19coverage as a dependent of the deceased TRS benefit recipient
20upon whom the survivor benefit is based.
21 (x) "Military leave" refers to individuals in basic
22training for reserves, special/advanced training, annual
23training, emergency call up, activation by the President of the
24United States, or any other training or duty in service to the
25United States Armed Forces.
26 (y) (Blank).

HB3342 Enrolled- 637 -LRB100 08528 SMS 18653 b
1 (z) "Community college benefit recipient" means a person
2who:
3 (1) is not a "member" as defined in this Section; and
4 (2) is receiving a monthly survivor's annuity or
5 retirement annuity under Article 15 of the Illinois Pension
6 Code; and
7 (3) either (i) was a full-time employee of a community
8 college district or an association of community college
9 boards created under the Public Community College Act
10 (other than an employee whose last employer under Article
11 15 of the Illinois Pension Code was a community college
12 district subject to Article VII of the Public Community
13 College Act) and was eligible to participate in a group
14 health benefit plan as an employee during the time of
15 employment with a community college district (other than a
16 community college district subject to Article VII of the
17 Public Community College Act) or an association of
18 community college boards, or (ii) is the survivor of a
19 person described in item (i).
20 (aa) "Community college dependent beneficiary" means a
21person who:
22 (1) is not a "member" or "dependent" as defined in this
23 Section; and
24 (2) is a community college benefit recipient's: (A)
25 spouse, (B) dependent parent who is receiving at least half
26 of his or her support from the community college benefit

HB3342 Enrolled- 638 -LRB100 08528 SMS 18653 b
1 recipient, or (C) natural, step, adjudicated, or adopted
2 child who is (i) under age 26, or (ii) age 19 or over and
3 has a mental or physical disability from a cause
4 originating prior to the age of 19 (age 26 if enrolled as
5 an adult child).
6 "Community college dependent beneficiary" does not
7include, as indicated under paragraph (2) of this subsection
8(aa), a dependent of the survivor of a community college
9benefit recipient who first becomes a dependent of a survivor
10of a community college benefit recipient on or after the
11effective date of this amendatory Act of the 97th General
12Assembly unless that dependent would have been eligible for
13coverage as a dependent of the deceased community college
14benefit recipient upon whom the survivor annuity is based.
15 (bb) "Qualified child advocacy center" means any Illinois
16child advocacy center and its administrative offices funded by
17the Department of Children and Family Services, as defined by
18the Children's Advocacy Center Act (55 ILCS 80/), approved by
19the Director and participating in a program created under
20subsection (n) of Section 10.
21 (cc) "Placement for adoption" means the assumption and
22retention by a member of a legal obligation for total or
23partial support of a child in anticipation of adoption of the
24child. The child's placement with the member terminates upon
25the termination of such legal obligation.
26(Source: P.A. 99-143, eff. 7-27-15; 100-355, eff. 1-1-18.)

HB3342 Enrolled- 639 -LRB100 08528 SMS 18653 b
1 (5 ILCS 375/10) (from Ch. 127, par. 530)
2 Sec. 10. Contributions by the State and members.
3 (a) The State shall pay the cost of basic non-contributory
4group life insurance and, subject to member paid contributions
5set by the Department or required by this Section and except as
6provided in this Section, the basic program of group health
7benefits on each eligible member, except a member, not
8otherwise covered by this Act, who has retired as a
9participating member under Article 2 of the Illinois Pension
10Code but is ineligible for the retirement annuity under Section
112-119 of the Illinois Pension Code, and part of each eligible
12member's and retired member's premiums for health insurance
13coverage for enrolled dependents as provided by Section 9. The
14State shall pay the cost of the basic program of group health
15benefits only after benefits are reduced by the amount of
16benefits covered by Medicare for all members and dependents who
17are eligible for benefits under Social Security or the Railroad
18Retirement system or who had sufficient Medicare-covered
19government employment, except that such reduction in benefits
20shall apply only to those members and dependents who (1) first
21become eligible for such Medicare coverage on or after July 1,
221992; or (2) are Medicare-eligible members or dependents of a
23local government unit which began participation in the program
24on or after July 1, 1992; or (3) remain eligible for, but no
25longer receive Medicare coverage which they had been receiving

HB3342 Enrolled- 640 -LRB100 08528 SMS 18653 b
1on or after July 1, 1992. The Department may determine the
2aggregate level of the State's contribution on the basis of
3actual cost of medical services adjusted for age, sex or
4geographic or other demographic characteristics which affect
5the costs of such programs.
6 The cost of participation in the basic program of group
7health benefits for the dependent or survivor of a living or
8deceased retired employee who was formerly employed by the
9University of Illinois in the Cooperative Extension Service and
10would be an annuitant but for the fact that he or she was made
11ineligible to participate in the State Universities Retirement
12System by clause (4) of subsection (a) of Section 15-107 of the
13Illinois Pension Code shall not be greater than the cost of
14participation that would otherwise apply to that dependent or
15survivor if he or she were the dependent or survivor of an
16annuitant under the State Universities Retirement System.
17 (a-1) (Blank).
18 (a-2) (Blank).
19 (a-3) (Blank).
20 (a-4) (Blank).
21 (a-5) (Blank).
22 (a-6) (Blank).
23 (a-7) (Blank).
24 (a-8) Any annuitant, survivor, or retired employee may
25waive or terminate coverage in the program of group health
26benefits. Any such annuitant, survivor, or retired employee who

HB3342 Enrolled- 641 -LRB100 08528 SMS 18653 b
1has waived or terminated coverage may enroll or re-enroll in
2the program of group health benefits only during the annual
3benefit choice period, as determined by the Director; except
4that in the event of termination of coverage due to nonpayment
5of premiums, the annuitant, survivor, or retired employee may
6not re-enroll in the program.
7 (a-8.5) Beginning on the effective date of this amendatory
8Act of the 97th General Assembly, the Director of Central
9Management Services shall, on an annual basis, determine the
10amount that the State shall contribute toward the basic program
11of group health benefits on behalf of annuitants (including
12individuals who (i) participated in the General Assembly
13Retirement System, the State Employees' Retirement System of
14Illinois, the State Universities Retirement System, the
15Teachers' Retirement System of the State of Illinois, or the
16Judges Retirement System of Illinois and (ii) qualify as
17annuitants under subsection (b) of Section 3 of this Act),
18survivors (including individuals who (i) receive an annuity as
19a survivor of an individual who participated in the General
20Assembly Retirement System, the State Employees' Retirement
21System of Illinois, the State Universities Retirement System,
22the Teachers' Retirement System of the State of Illinois, or
23the Judges Retirement System of Illinois and (ii) qualify as
24survivors under subsection (q) of Section 3 of this Act), and
25retired employees (as defined in subsection (p) of Section 3 of
26this Act). The remainder of the cost of coverage for each

HB3342 Enrolled- 642 -LRB100 08528 SMS 18653 b
1annuitant, survivor, or retired employee, as determined by the
2Director of Central Management Services, shall be the
3responsibility of that annuitant, survivor, or retired
4employee.
5 Contributions required of annuitants, survivors, and
6retired employees shall be the same for all retirement systems
7and shall also be based on whether an individual has made an
8election under Section 15-135.1 of the Illinois Pension Code.
9Contributions may be based on annuitants', survivors', or
10retired employees' Medicare eligibility, but may not be based
11on Social Security eligibility.
12 (a-9) No later than May 1 of each calendar year, the
13Director of Central Management Services shall certify in
14writing to the Executive Secretary of the State Employees'
15Retirement System of Illinois the amounts of the Medicare
16supplement health care premiums and the amounts of the health
17care premiums for all other retirees who are not Medicare
18eligible.
19 A separate calculation of the premiums based upon the
20actual cost of each health care plan shall be so certified.
21 The Director of Central Management Services shall provide
22to the Executive Secretary of the State Employees' Retirement
23System of Illinois such information, statistics, and other data
24as he or she may require to review the premium amounts
25certified by the Director of Central Management Services.
26 The Department of Central Management Services, or any

HB3342 Enrolled- 643 -LRB100 08528 SMS 18653 b
1successor agency designated to procure healthcare contracts
2pursuant to this Act, is authorized to establish funds,
3separate accounts provided by any bank or banks as defined by
4the Illinois Banking Act, or separate accounts provided by any
5savings and loan association or associations as defined by the
6Illinois Savings and Loan Act of 1985 to be held by the
7Director, outside the State treasury, for the purpose of
8receiving the transfer of moneys from the Local Government
9Health Insurance Reserve Fund. The Department may promulgate
10rules further defining the methodology for the transfers. Any
11interest earned by moneys in the funds or accounts shall inure
12to the Local Government Health Insurance Reserve Fund. The
13transferred moneys, and interest accrued thereon, shall be used
14exclusively for transfers to administrative service
15organizations or their financial institutions for payments of
16claims to claimants and providers under the self-insurance
17health plan. The transferred moneys, and interest accrued
18thereon, shall not be used for any other purpose including, but
19not limited to, reimbursement of administration fees due the
20administrative service organization pursuant to its contract
21or contracts with the Department.
22 (a-10) To the extent that participation, benefits, or
23premiums under this Act are based on a person's service credit
24under an Article of the Illinois Pension Code, service credit
25terminated in exchange for an accelerated pension benefit
26payment under Section 14-147.5, 15-185.5, or 16-190.5 of that

HB3342 Enrolled- 644 -LRB100 08528 SMS 18653 b
1Code shall be included in determining a person's service credit
2for the purposes of this Act.
3 (b) State employees who become eligible for this program on
4or after January 1, 1980 in positions normally requiring actual
5performance of duty not less than 1/2 of a normal work period
6but not equal to that of a normal work period, shall be given
7the option of participating in the available program. If the
8employee elects coverage, the State shall contribute on behalf
9of such employee to the cost of the employee's benefit and any
10applicable dependent supplement, that sum which bears the same
11percentage as that percentage of time the employee regularly
12works when compared to normal work period.
13 (c) The basic non-contributory coverage from the basic
14program of group health benefits shall be continued for each
15employee not in pay status or on active service by reason of
16(1) leave of absence due to illness or injury, (2) authorized
17educational leave of absence or sabbatical leave, or (3)
18military leave. This coverage shall continue until expiration
19of authorized leave and return to active service, but not to
20exceed 24 months for leaves under item (1) or (2). This
2124-month limitation and the requirement of returning to active
22service shall not apply to persons receiving ordinary or
23accidental disability benefits or retirement benefits through
24the appropriate State retirement system or benefits under the
25Workers' Compensation or Occupational Disease Act.
26 (d) The basic group life insurance coverage shall continue,

HB3342 Enrolled- 645 -LRB100 08528 SMS 18653 b
1with full State contribution, where such person is (1) absent
2from active service by reason of disability arising from any
3cause other than self-inflicted, (2) on authorized educational
4leave of absence or sabbatical leave, or (3) on military leave.
5 (e) Where the person is in non-pay status for a period in
6excess of 30 days or on leave of absence, other than by reason
7of disability, educational or sabbatical leave, or military
8leave, such person may continue coverage only by making
9personal payment equal to the amount normally contributed by
10the State on such person's behalf. Such payments and coverage
11may be continued: (1) until such time as the person returns to
12a status eligible for coverage at State expense, but not to
13exceed 24 months or (2) until such person's employment or
14annuitant status with the State is terminated (exclusive of any
15additional service imposed pursuant to law).
16 (f) The Department shall establish by rule the extent to
17which other employee benefits will continue for persons in
18non-pay status or who are not in active service.
19 (g) The State shall not pay the cost of the basic
20non-contributory group life insurance, program of health
21benefits and other employee benefits for members who are
22survivors as defined by paragraphs (1) and (2) of subsection
23(q) of Section 3 of this Act. The costs of benefits for these
24survivors shall be paid by the survivors or by the University
25of Illinois Cooperative Extension Service, or any combination
26thereof. However, the State shall pay the amount of the

HB3342 Enrolled- 646 -LRB100 08528 SMS 18653 b
1reduction in the cost of participation, if any, resulting from
2the amendment to subsection (a) made by this amendatory Act of
3the 91st General Assembly.
4 (h) Those persons occupying positions with any department
5as a result of emergency appointments pursuant to Section 8b.8
6of the Personnel Code who are not considered employees under
7this Act shall be given the option of participating in the
8programs of group life insurance, health benefits and other
9employee benefits. Such persons electing coverage may
10participate only by making payment equal to the amount normally
11contributed by the State for similarly situated employees. Such
12amounts shall be determined by the Director. Such payments and
13coverage may be continued until such time as the person becomes
14an employee pursuant to this Act or such person's appointment
15is terminated.
16 (i) Any unit of local government within the State of
17Illinois may apply to the Director to have its employees,
18annuitants, and their dependents provided group health
19coverage under this Act on a non-insured basis. To participate,
20a unit of local government must agree to enroll all of its
21employees, who may select coverage under either the State group
22health benefits plan or a health maintenance organization that
23has contracted with the State to be available as a health care
24provider for employees as defined in this Act. A unit of local
25government must remit the entire cost of providing coverage
26under the State group health benefits plan or, for coverage

HB3342 Enrolled- 647 -LRB100 08528 SMS 18653 b
1under a health maintenance organization, an amount determined
2by the Director based on an analysis of the sex, age,
3geographic location, or other relevant demographic variables
4for its employees, except that the unit of local government
5shall not be required to enroll those of its employees who are
6covered spouses or dependents under this plan or another group
7policy or plan providing health benefits as long as (1) an
8appropriate official from the unit of local government attests
9that each employee not enrolled is a covered spouse or
10dependent under this plan or another group policy or plan, and
11(2) at least 50% of the employees are enrolled and the unit of
12local government remits the entire cost of providing coverage
13to those employees, except that a participating school district
14must have enrolled at least 50% of its full-time employees who
15have not waived coverage under the district's group health plan
16by participating in a component of the district's cafeteria
17plan. A participating school district is not required to enroll
18a full-time employee who has waived coverage under the
19district's health plan, provided that an appropriate official
20from the participating school district attests that the
21full-time employee has waived coverage by participating in a
22component of the district's cafeteria plan. For the purposes of
23this subsection, "participating school district" includes a
24unit of local government whose primary purpose is education as
25defined by the Department's rules.
26 Employees of a participating unit of local government who

HB3342 Enrolled- 648 -LRB100 08528 SMS 18653 b
1are not enrolled due to coverage under another group health
2policy or plan may enroll in the event of a qualifying change
3in status, special enrollment, special circumstance as defined
4by the Director, or during the annual Benefit Choice Period. A
5participating unit of local government may also elect to cover
6its annuitants. Dependent coverage shall be offered on an
7optional basis, with the costs paid by the unit of local
8government, its employees, or some combination of the two as
9determined by the unit of local government. The unit of local
10government shall be responsible for timely collection and
11transmission of dependent premiums.
12 The Director shall annually determine monthly rates of
13payment, subject to the following constraints:
14 (1) In the first year of coverage, the rates shall be
15 equal to the amount normally charged to State employees for
16 elected optional coverages or for enrolled dependents
17 coverages or other contributory coverages, or contributed
18 by the State for basic insurance coverages on behalf of its
19 employees, adjusted for differences between State
20 employees and employees of the local government in age,
21 sex, geographic location or other relevant demographic
22 variables, plus an amount sufficient to pay for the
23 additional administrative costs of providing coverage to
24 employees of the unit of local government and their
25 dependents.
26 (2) In subsequent years, a further adjustment shall be

HB3342 Enrolled- 649 -LRB100 08528 SMS 18653 b
1 made to reflect the actual prior years' claims experience
2 of the employees of the unit of local government.
3 In the case of coverage of local government employees under
4a health maintenance organization, the Director shall annually
5determine for each participating unit of local government the
6maximum monthly amount the unit may contribute toward that
7coverage, based on an analysis of (i) the age, sex, geographic
8location, and other relevant demographic variables of the
9unit's employees and (ii) the cost to cover those employees
10under the State group health benefits plan. The Director may
11similarly determine the maximum monthly amount each unit of
12local government may contribute toward coverage of its
13employees' dependents under a health maintenance organization.
14 Monthly payments by the unit of local government or its
15employees for group health benefits plan or health maintenance
16organization coverage shall be deposited in the Local
17Government Health Insurance Reserve Fund.
18 The Local Government Health Insurance Reserve Fund is
19hereby created as a nonappropriated trust fund to be held
20outside the State Treasury, with the State Treasurer as
21custodian. The Local Government Health Insurance Reserve Fund
22shall be a continuing fund not subject to fiscal year
23limitations. The Local Government Health Insurance Reserve
24Fund is not subject to administrative charges or charge-backs,
25including but not limited to those authorized under Section 8h
26of the State Finance Act. All revenues arising from the

HB3342 Enrolled- 650 -LRB100 08528 SMS 18653 b
1administration of the health benefits program established
2under this Section shall be deposited into the Local Government
3Health Insurance Reserve Fund. Any interest earned on moneys in
4the Local Government Health Insurance Reserve Fund shall be
5deposited into the Fund. All expenditures from this Fund shall
6be used for payments for health care benefits for local
7government and rehabilitation facility employees, annuitants,
8and dependents, and to reimburse the Department or its
9administrative service organization for all expenses incurred
10in the administration of benefits. No other State funds may be
11used for these purposes.
12 A local government employer's participation or desire to
13participate in a program created under this subsection shall
14not limit that employer's duty to bargain with the
15representative of any collective bargaining unit of its
16employees.
17 (j) Any rehabilitation facility within the State of
18Illinois may apply to the Director to have its employees,
19annuitants, and their eligible dependents provided group
20health coverage under this Act on a non-insured basis. To
21participate, a rehabilitation facility must agree to enroll all
22of its employees and remit the entire cost of providing such
23coverage for its employees, except that the rehabilitation
24facility shall not be required to enroll those of its employees
25who are covered spouses or dependents under this plan or
26another group policy or plan providing health benefits as long

HB3342 Enrolled- 651 -LRB100 08528 SMS 18653 b
1as (1) an appropriate official from the rehabilitation facility
2attests that each employee not enrolled is a covered spouse or
3dependent under this plan or another group policy or plan, and
4(2) at least 50% of the employees are enrolled and the
5rehabilitation facility remits the entire cost of providing
6coverage to those employees. Employees of a participating
7rehabilitation facility who are not enrolled due to coverage
8under another group health policy or plan may enroll in the
9event of a qualifying change in status, special enrollment,
10special circumstance as defined by the Director, or during the
11annual Benefit Choice Period. A participating rehabilitation
12facility may also elect to cover its annuitants. Dependent
13coverage shall be offered on an optional basis, with the costs
14paid by the rehabilitation facility, its employees, or some
15combination of the 2 as determined by the rehabilitation
16facility. The rehabilitation facility shall be responsible for
17timely collection and transmission of dependent premiums.
18 The Director shall annually determine quarterly rates of
19payment, subject to the following constraints:
20 (1) In the first year of coverage, the rates shall be
21 equal to the amount normally charged to State employees for
22 elected optional coverages or for enrolled dependents
23 coverages or other contributory coverages on behalf of its
24 employees, adjusted for differences between State
25 employees and employees of the rehabilitation facility in
26 age, sex, geographic location or other relevant

HB3342 Enrolled- 652 -LRB100 08528 SMS 18653 b
1 demographic variables, plus an amount sufficient to pay for
2 the additional administrative costs of providing coverage
3 to employees of the rehabilitation facility and their
4 dependents.
5 (2) In subsequent years, a further adjustment shall be
6 made to reflect the actual prior years' claims experience
7 of the employees of the rehabilitation facility.
8 Monthly payments by the rehabilitation facility or its
9employees for group health benefits shall be deposited in the
10Local Government Health Insurance Reserve Fund.
11 (k) Any domestic violence shelter or service within the
12State of Illinois may apply to the Director to have its
13employees, annuitants, and their dependents provided group
14health coverage under this Act on a non-insured basis. To
15participate, a domestic violence shelter or service must agree
16to enroll all of its employees and pay the entire cost of
17providing such coverage for its employees. The domestic
18violence shelter shall not be required to enroll those of its
19employees who are covered spouses or dependents under this plan
20or another group policy or plan providing health benefits as
21long as (1) an appropriate official from the domestic violence
22shelter attests that each employee not enrolled is a covered
23spouse or dependent under this plan or another group policy or
24plan and (2) at least 50% of the employees are enrolled and the
25domestic violence shelter remits the entire cost of providing
26coverage to those employees. Employees of a participating

HB3342 Enrolled- 653 -LRB100 08528 SMS 18653 b
1domestic violence shelter who are not enrolled due to coverage
2under another group health policy or plan may enroll in the
3event of a qualifying change in status, special enrollment, or
4special circumstance as defined by the Director or during the
5annual Benefit Choice Period. A participating domestic
6violence shelter may also elect to cover its annuitants.
7Dependent coverage shall be offered on an optional basis, with
8employees, or some combination of the 2 as determined by the
9domestic violence shelter or service. The domestic violence
10shelter or service shall be responsible for timely collection
11and transmission of dependent premiums.
12 The Director shall annually determine rates of payment,
13subject to the following constraints:
14 (1) In the first year of coverage, the rates shall be
15 equal to the amount normally charged to State employees for
16 elected optional coverages or for enrolled dependents
17 coverages or other contributory coverages on behalf of its
18 employees, adjusted for differences between State
19 employees and employees of the domestic violence shelter or
20 service in age, sex, geographic location or other relevant
21 demographic variables, plus an amount sufficient to pay for
22 the additional administrative costs of providing coverage
23 to employees of the domestic violence shelter or service
24 and their dependents.
25 (2) In subsequent years, a further adjustment shall be
26 made to reflect the actual prior years' claims experience

HB3342 Enrolled- 654 -LRB100 08528 SMS 18653 b
1 of the employees of the domestic violence shelter or
2 service.
3 Monthly payments by the domestic violence shelter or
4service or its employees for group health insurance shall be
5deposited in the Local Government Health Insurance Reserve
6Fund.
7 (l) A public community college or entity organized pursuant
8to the Public Community College Act may apply to the Director
9initially to have only annuitants not covered prior to July 1,
101992 by the district's health plan provided health coverage
11under this Act on a non-insured basis. The community college
12must execute a 2-year contract to participate in the Local
13Government Health Plan. Any annuitant may enroll in the event
14of a qualifying change in status, special enrollment, special
15circumstance as defined by the Director, or during the annual
16Benefit Choice Period.
17 The Director shall annually determine monthly rates of
18payment subject to the following constraints: for those
19community colleges with annuitants only enrolled, first year
20rates shall be equal to the average cost to cover claims for a
21State member adjusted for demographics, Medicare
22participation, and other factors; and in the second year, a
23further adjustment of rates shall be made to reflect the actual
24first year's claims experience of the covered annuitants.
25 (l-5) The provisions of subsection (l) become inoperative
26on July 1, 1999.

HB3342 Enrolled- 655 -LRB100 08528 SMS 18653 b
1 (m) The Director shall adopt any rules deemed necessary for
2implementation of this amendatory Act of 1989 (Public Act
386-978).
4 (n) Any child advocacy center within the State of Illinois
5may apply to the Director to have its employees, annuitants,
6and their dependents provided group health coverage under this
7Act on a non-insured basis. To participate, a child advocacy
8center must agree to enroll all of its employees and pay the
9entire cost of providing coverage for its employees. The child
10advocacy center shall not be required to enroll those of its
11employees who are covered spouses or dependents under this plan
12or another group policy or plan providing health benefits as
13long as (1) an appropriate official from the child advocacy
14center attests that each employee not enrolled is a covered
15spouse or dependent under this plan or another group policy or
16plan and (2) at least 50% of the employees are enrolled and the
17child advocacy center remits the entire cost of providing
18coverage to those employees. Employees of a participating child
19advocacy center who are not enrolled due to coverage under
20another group health policy or plan may enroll in the event of
21a qualifying change in status, special enrollment, or special
22circumstance as defined by the Director or during the annual
23Benefit Choice Period. A participating child advocacy center
24may also elect to cover its annuitants. Dependent coverage
25shall be offered on an optional basis, with the costs paid by
26the child advocacy center, its employees, or some combination

HB3342 Enrolled- 656 -LRB100 08528 SMS 18653 b
1of the 2 as determined by the child advocacy center. The child
2advocacy center shall be responsible for timely collection and
3transmission of dependent premiums.
4 The Director shall annually determine rates of payment,
5subject to the following constraints:
6 (1) In the first year of coverage, the rates shall be
7 equal to the amount normally charged to State employees for
8 elected optional coverages or for enrolled dependents
9 coverages or other contributory coverages on behalf of its
10 employees, adjusted for differences between State
11 employees and employees of the child advocacy center in
12 age, sex, geographic location, or other relevant
13 demographic variables, plus an amount sufficient to pay for
14 the additional administrative costs of providing coverage
15 to employees of the child advocacy center and their
16 dependents.
17 (2) In subsequent years, a further adjustment shall be
18 made to reflect the actual prior years' claims experience
19 of the employees of the child advocacy center.
20 Monthly payments by the child advocacy center or its
21employees for group health insurance shall be deposited into
22the Local Government Health Insurance Reserve Fund.
23(Source: P.A. 97-695, eff. 7-1-12; 98-488, eff. 8-16-13.)
24 Section 110-15. The General Obligation Bond Act is amended
25by changing Sections 2.5, 9, 11, 12, and 13 and by adding

HB3342 Enrolled- 657 -LRB100 08528 SMS 18653 b
1Section 7.7 as follows:
2 (30 ILCS 330/2.5)
3 Sec. 2.5. Limitation on issuance of Bonds.
4 (a) Except as provided in subsection (b), no Bonds may be
5issued if, after the issuance, in the next State fiscal year
6after the issuance of the Bonds, the amount of debt service
7(including principal, whether payable at maturity or pursuant
8to mandatory sinking fund installments, and interest) on all
9then-outstanding Bonds, other than (i) Bonds authorized by
10Public Act 100-23 this amendatory Act of the 100th General
11Assembly, (ii) Bonds issued by Public Act 96-43, and (iii)
12Bonds authorized by Public Act 96-1497, and (iv) Bonds
13authorized by this amendatory Act of the 100th General
14Assembly, would exceed 7% of the aggregate appropriations from
15the general funds (which consist of the General Revenue Fund,
16the Common School Fund, the General Revenue Common School
17Special Account Fund, and the Education Assistance Fund) and
18the Road Fund for the fiscal year immediately prior to the
19fiscal year of the issuance.
20 (b) If the Comptroller and Treasurer each consent in
21writing, Bonds may be issued even if the issuance does not
22comply with subsection (a). In addition, $2,000,000,000 in
23Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7,
24and $2,000,000,000 in Refunding Bonds under Section 16, may be
25issued during State fiscal year 2017 without complying with

HB3342 Enrolled- 658 -LRB100 08528 SMS 18653 b
1subsection (a). In addition, $2,000,000,000 in Bonds for the
2purposes set forth in Sections 3, 4, 5, 6, and 7, and
3$2,000,000,000 in Refunding Bonds under Section 16, may be
4issued during State fiscal year 2018 without complying with
5subsection (a).
6(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
725-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
87-6-17; revised 8-8-17.)
9 (30 ILCS 330/7.7 new)
10 Sec. 7.7. State Pension Obligation Acceleration Bonds.
11 (a) As used in this Act, "State Pension Obligation
12Acceleration Bonds" means Bonds authorized by this amendatory
13Act of the 100th General Assembly and used for the purpose of
14making accelerated pension benefit payments under Articles 14,
1515, and 16 of the Illinois Pension Code.
16 (b) State Pension Obligation Acceleration Bonds in the
17amount of $1,000,000,000 are hereby authorized to be used for
18the purpose of making accelerated pension benefit payments
19under Articles 14, 15, and 16 of the Illinois Pension Code.
20 (c) The proceeds of State Pension Obligation Acceleration
21Bonds authorized in subsection (b) of this Section, less the
22amounts authorized in the Bond Sale Order to be directly paid
23out for bond sale expenses under Section 8, shall be deposited
24directly into the State Pension Obligation Acceleration Bond
25Fund, and the Comptroller and the Treasurer shall, as soon as

HB3342 Enrolled- 659 -LRB100 08528 SMS 18653 b
1practical, make accelerated pension benefit payments under
2Articles 14, 15, and 16 of the Illinois Pension Code.
3 (d) There is created the State Pension Obligation
4Acceleration Bond Fund as a special fund in the State Treasury.
5Funds deposited in the State Pension Obligation Acceleration
6Bond Fund may only be used for the purpose of making
7accelerated pension benefit payments under Articles 14, 15, and
816 of the Illinois Pension Code or for the payment of principal
9and interest due on State Pension Obligation Acceleration
10Bonds. This subsection shall constitute an irrevocable and
11continuing appropriation of all amounts necessary for such
12purposes.
13 (30 ILCS 330/9) (from Ch. 127, par. 659)
14 Sec. 9. Conditions for issuance and sale of Bonds;
15requirements Issuance and Sale of Bonds - Requirements for
16Bonds.
17 (a) Except as otherwise provided in this subsection, and
18subsection (h), and subsection (i), Bonds shall be issued and
19sold from time to time, in one or more series, in such amounts
20and at such prices as may be directed by the Governor, upon
21recommendation by the Director of the Governor's Office of
22Management and Budget. Bonds shall be in such form (either
23coupon, registered or book entry), in such denominations,
24payable within 25 years from their date, subject to such terms
25of redemption with or without premium, bear interest payable at

HB3342 Enrolled- 660 -LRB100 08528 SMS 18653 b
1such times and at such fixed or variable rate or rates, and be
2dated as shall be fixed and determined by the Director of the
3Governor's Office of Management and Budget in the order
4authorizing the issuance and sale of any series of Bonds, which
5order shall be approved by the Governor and is herein called a
6"Bond Sale Order"; provided however, that interest payable at
7fixed or variable rates shall not exceed that permitted in the
8Bond Authorization Act, as now or hereafter amended. Bonds
9shall be payable at such place or places, within or without the
10State of Illinois, and may be made registrable as to either
11principal or as to both principal and interest, as shall be
12specified in the Bond Sale Order. Bonds may be callable or
13subject to purchase and retirement or tender and remarketing as
14fixed and determined in the Bond Sale Order. Bonds, other than
15Bonds issued under Section 3 of this Act for the costs
16associated with the purchase and implementation of information
17technology, (i) except for refunding Bonds satisfying the
18requirements of Section 16 of this Act and sold during fiscal
19year 2009, 2010, 2011, 2017, or 2018 must be issued with
20principal or mandatory redemption amounts in equal amounts,
21with the first maturity issued occurring within the fiscal year
22in which the Bonds are issued or within the next succeeding
23fiscal year and (ii) must mature or be subject to mandatory
24redemption each fiscal year thereafter up to 25 years, except
25for refunding Bonds satisfying the requirements of Section 16
26of this Act and sold during fiscal year 2009, 2010, or 2011

HB3342 Enrolled- 661 -LRB100 08528 SMS 18653 b
1which must mature or be subject to mandatory redemption each
2fiscal year thereafter up to 16 years. Bonds issued under
3Section 3 of this Act for the costs associated with the
4purchase and implementation of information technology must be
5issued with principal or mandatory redemption amounts in equal
6amounts, with the first maturity issued occurring with the
7fiscal year in which the respective bonds are issued or with
8the next succeeding fiscal year, with the respective bonds
9issued maturing or subject to mandatory redemption each fiscal
10year thereafter up to 10 years. Notwithstanding any provision
11of this Act to the contrary, the Bonds authorized by Public Act
1296-43 shall be payable within 5 years from their date and must
13be issued with principal or mandatory redemption amounts in
14equal amounts, with payment of principal or mandatory
15redemption beginning in the first fiscal year following the
16fiscal year in which the Bonds are issued.
17 Notwithstanding any provision of this Act to the contrary,
18the Bonds authorized by Public Act 96-1497 shall be payable
19within 8 years from their date and shall be issued with payment
20of maturing principal or scheduled mandatory redemptions in
21accordance with the following schedule, except the following
22amounts shall be prorated if less than the total additional
23amount of Bonds authorized by Public Act 96-1497 are issued:
24 Fiscal Year After Issuance Amount
25 1-2 $0
26 3 $110,712,120

HB3342 Enrolled- 662 -LRB100 08528 SMS 18653 b
1 4 $332,136,360
2 5 $664,272,720
3 6-8 $996,409,080
4 Notwithstanding any provision of this Act to the contrary,
5Income Tax Proceed Bonds issued under Section 7.6 shall be
6payable 12 years from the date of sale and shall be issued with
7payment of principal or mandatory redemption.
8 In the case of any series of Bonds bearing interest at a
9variable interest rate ("Variable Rate Bonds"), in lieu of
10determining the rate or rates at which such series of Variable
11Rate Bonds shall bear interest and the price or prices at which
12such Variable Rate Bonds shall be initially sold or remarketed
13(in the event of purchase and subsequent resale), the Bond Sale
14Order may provide that such interest rates and prices may vary
15from time to time depending on criteria established in such
16Bond Sale Order, which criteria may include, without
17limitation, references to indices or variations in interest
18rates as may, in the judgment of a remarketing agent, be
19necessary to cause Variable Rate Bonds of such series to be
20remarketable from time to time at a price equal to their
21principal amount, and may provide for appointment of a bank,
22trust company, investment bank, or other financial institution
23to serve as remarketing agent in that connection. The Bond Sale
24Order may provide that alternative interest rates or provisions
25for establishing alternative interest rates, different
26security or claim priorities, or different call or amortization

HB3342 Enrolled- 663 -LRB100 08528 SMS 18653 b
1provisions will apply during such times as Variable Rate Bonds
2of any series are held by a person providing credit or
3liquidity enhancement arrangements for such Bonds as
4authorized in subsection (b) of this Section. The Bond Sale
5Order may also provide for such variable interest rates to be
6established pursuant to a process generally known as an auction
7rate process and may provide for appointment of one or more
8financial institutions to serve as auction agents and
9broker-dealers in connection with the establishment of such
10interest rates and the sale and remarketing of such Bonds.
11 (b) In connection with the issuance of any series of Bonds,
12the State may enter into arrangements to provide additional
13security and liquidity for such Bonds, including, without
14limitation, bond or interest rate insurance or letters of
15credit, lines of credit, bond purchase contracts, or other
16arrangements whereby funds are made available to retire or
17purchase Bonds, thereby assuring the ability of owners of the
18Bonds to sell or redeem their Bonds. The State may enter into
19contracts and may agree to pay fees to persons providing such
20arrangements, but only under circumstances where the Director
21of the Governor's Office of Management and Budget certifies
22that he or she reasonably expects the total interest paid or to
23be paid on the Bonds, together with the fees for the
24arrangements (being treated as if interest), would not, taken
25together, cause the Bonds to bear interest, calculated to their
26stated maturity, at a rate in excess of the rate that the Bonds

HB3342 Enrolled- 664 -LRB100 08528 SMS 18653 b
1would bear in the absence of such arrangements.
2 The State may, with respect to Bonds issued or anticipated
3to be issued, participate in and enter into arrangements with
4respect to interest rate protection or exchange agreements,
5guarantees, or financial futures contracts for the purpose of
6limiting, reducing, or managing interest rate exposure. The
7authority granted under this paragraph, however, shall not
8increase the principal amount of Bonds authorized to be issued
9by law. The arrangements may be executed and delivered by the
10Director of the Governor's Office of Management and Budget on
11behalf of the State. Net payments for such arrangements shall
12constitute interest on the Bonds and shall be paid from the
13General Obligation Bond Retirement and Interest Fund. The
14Director of the Governor's Office of Management and Budget
15shall at least annually certify to the Governor and the State
16Comptroller his or her estimate of the amounts of such net
17payments to be included in the calculation of interest required
18to be paid by the State.
19 (c) Prior to the issuance of any Variable Rate Bonds
20pursuant to subsection (a), the Director of the Governor's
21Office of Management and Budget shall adopt an interest rate
22risk management policy providing that the amount of the State's
23variable rate exposure with respect to Bonds shall not exceed
2420%. This policy shall remain in effect while any Bonds are
25outstanding and the issuance of Bonds shall be subject to the
26terms of such policy. The terms of this policy may be amended

HB3342 Enrolled- 665 -LRB100 08528 SMS 18653 b
1from time to time by the Director of the Governor's Office of
2Management and Budget but in no event shall any amendment cause
3the permitted level of the State's variable rate exposure with
4respect to Bonds to exceed 20%.
5 (d) "Build America Bonds" in this Section means Bonds
6authorized by Section 54AA of the Internal Revenue Code of
71986, as amended ("Internal Revenue Code"), and bonds issued
8from time to time to refund or continue to refund "Build
9America Bonds".
10 (e) Notwithstanding any other provision of this Section,
11Qualified School Construction Bonds shall be issued and sold
12from time to time, in one or more series, in such amounts and
13at such prices as may be directed by the Governor, upon
14recommendation by the Director of the Governor's Office of
15Management and Budget. Qualified School Construction Bonds
16shall be in such form (either coupon, registered or book
17entry), in such denominations, payable within 25 years from
18their date, subject to such terms of redemption with or without
19premium, and if the Qualified School Construction Bonds are
20issued with a supplemental coupon, bear interest payable at
21such times and at such fixed or variable rate or rates, and be
22dated as shall be fixed and determined by the Director of the
23Governor's Office of Management and Budget in the order
24authorizing the issuance and sale of any series of Qualified
25School Construction Bonds, which order shall be approved by the
26Governor and is herein called a "Bond Sale Order"; except that

HB3342 Enrolled- 666 -LRB100 08528 SMS 18653 b
1interest payable at fixed or variable rates, if any, shall not
2exceed that permitted in the Bond Authorization Act, as now or
3hereafter amended. Qualified School Construction Bonds shall
4be payable at such place or places, within or without the State
5of Illinois, and may be made registrable as to either principal
6or as to both principal and interest, as shall be specified in
7the Bond Sale Order. Qualified School Construction Bonds may be
8callable or subject to purchase and retirement or tender and
9remarketing as fixed and determined in the Bond Sale Order.
10Qualified School Construction Bonds must be issued with
11principal or mandatory redemption amounts or sinking fund
12payments into the General Obligation Bond Retirement and
13Interest Fund (or subaccount therefor) in equal amounts, with
14the first maturity issued, mandatory redemption payment or
15sinking fund payment occurring within the fiscal year in which
16the Qualified School Construction Bonds are issued or within
17the next succeeding fiscal year, with Qualified School
18Construction Bonds issued maturing or subject to mandatory
19redemption or with sinking fund payments thereof deposited each
20fiscal year thereafter up to 25 years. Sinking fund payments
21set forth in this subsection shall be permitted only to the
22extent authorized in Section 54F of the Internal Revenue Code
23or as otherwise determined by the Director of the Governor's
24Office of Management and Budget. "Qualified School
25Construction Bonds" in this subsection means Bonds authorized
26by Section 54F of the Internal Revenue Code and for bonds

HB3342 Enrolled- 667 -LRB100 08528 SMS 18653 b
1issued from time to time to refund or continue to refund such
2"Qualified School Construction Bonds".
3 (f) Beginning with the next issuance by the Governor's
4Office of Management and Budget to the Procurement Policy Board
5of a request for quotation for the purpose of formulating a new
6pool of qualified underwriting banks list, all entities
7responding to such a request for quotation for inclusion on
8that list shall provide a written report to the Governor's
9Office of Management and Budget and the Illinois Comptroller.
10The written report submitted to the Comptroller shall (i) be
11published on the Comptroller's Internet website and (ii) be
12used by the Governor's Office of Management and Budget for the
13purposes of scoring such a request for quotation. The written
14report, at a minimum, shall:
15 (1) disclose whether, within the past 3 months,
16 pursuant to its credit default swap market-making
17 activities, the firm has entered into any State of Illinois
18 credit default swaps ("CDS");
19 (2) include, in the event of State of Illinois CDS
20 activity, disclosure of the firm's cumulative notional
21 volume of State of Illinois CDS trades and the firm's
22 outstanding gross and net notional amount of State of
23 Illinois CDS, as of the end of the current 3-month period;
24 (3) indicate, pursuant to the firm's proprietary
25 trading activities, disclosure of whether the firm, within
26 the past 3 months, has entered into any proprietary trades

HB3342 Enrolled- 668 -LRB100 08528 SMS 18653 b
1 for its own account in State of Illinois CDS;
2 (4) include, in the event of State of Illinois
3 proprietary trades, disclosure of the firm's outstanding
4 gross and net notional amount of proprietary State of
5 Illinois CDS and whether the net position is short or long
6 credit protection, as of the end of the current 3-month
7 period;
8 (5) list all time periods during the past 3 months
9 during which the firm held net long or net short State of
10 Illinois CDS proprietary credit protection positions, the
11 amount of such positions, and whether those positions were
12 net long or net short credit protection positions; and
13 (6) indicate whether, within the previous 3 months, the
14 firm released any publicly available research or marketing
15 reports that reference State of Illinois CDS and include
16 those research or marketing reports as attachments.
17 (g) All entities included on a Governor's Office of
18Management and Budget's pool of qualified underwriting banks
19list shall, as soon as possible after March 18, 2011 (the
20effective date of Public Act 96-1554), but not later than
21January 21, 2011, and on a quarterly fiscal basis thereafter,
22provide a written report to the Governor's Office of Management
23and Budget and the Illinois Comptroller. The written reports
24submitted to the Comptroller shall be published on the
25Comptroller's Internet website. The written reports, at a
26minimum, shall:

HB3342 Enrolled- 669 -LRB100 08528 SMS 18653 b
1 (1) disclose whether, within the past 3 months,
2 pursuant to its credit default swap market-making
3 activities, the firm has entered into any State of Illinois
4 credit default swaps ("CDS");
5 (2) include, in the event of State of Illinois CDS
6 activity, disclosure of the firm's cumulative notional
7 volume of State of Illinois CDS trades and the firm's
8 outstanding gross and net notional amount of State of
9 Illinois CDS, as of the end of the current 3-month period;
10 (3) indicate, pursuant to the firm's proprietary
11 trading activities, disclosure of whether the firm, within
12 the past 3 months, has entered into any proprietary trades
13 for its own account in State of Illinois CDS;
14 (4) include, in the event of State of Illinois
15 proprietary trades, disclosure of the firm's outstanding
16 gross and net notional amount of proprietary State of
17 Illinois CDS and whether the net position is short or long
18 credit protection, as of the end of the current 3-month
19 period;
20 (5) list all time periods during the past 3 months
21 during which the firm held net long or net short State of
22 Illinois CDS proprietary credit protection positions, the
23 amount of such positions, and whether those positions were
24 net long or net short credit protection positions; and
25 (6) indicate whether, within the previous 3 months, the
26 firm released any publicly available research or marketing

HB3342 Enrolled- 670 -LRB100 08528 SMS 18653 b
1 reports that reference State of Illinois CDS and include
2 those research or marketing reports as attachments.
3 (h) Notwithstanding any other provision of this Section,
4for purposes of maximizing market efficiencies and cost
5savings, Income Tax Proceed Bonds may be issued and sold from
6time to time, in one or more series, in such amounts and at
7such prices as may be directed by the Governor, upon
8recommendation by the Director of the Governor's Office of
9Management and Budget. Income Tax Proceed Bonds shall be in
10such form, either coupon, registered, or book entry, in such
11denominations, shall bear interest payable at such times and at
12such fixed or variable rate or rates, and be dated as shall be
13fixed and determined by the Director of the Governor's Office
14of Management and Budget in the order authorizing the issuance
15and sale of any series of Income Tax Proceed Bonds, which order
16shall be approved by the Governor and is herein called a "Bond
17Sale Order"; provided, however, that interest payable at fixed
18or variable rates shall not exceed that permitted in the Bond
19Authorization Act. Income Tax Proceed Bonds shall be payable at
20such place or places, within or without the State of Illinois,
21and may be made registrable as to either principal or as to
22both principal and interest, as shall be specified in the Bond
23Sale Order. Income Tax Proceed Bonds may be callable or subject
24to purchase and retirement or tender and remarketing as fixed
25and determined in the Bond Sale Order.
26 (i) Notwithstanding any other provision of this Section,

HB3342 Enrolled- 671 -LRB100 08528 SMS 18653 b
1for purposes of maximizing market efficiencies and cost
2savings, State Pension Obligation Acceleration Bonds may be
3issued and sold from time to time, in one or more series, in
4such amounts and at such prices as may be directed by the
5Governor, upon recommendation by the Director of the Governor's
6Office of Management and Budget. State Pension Obligation
7Acceleration Bonds shall be in such form, either coupon,
8registered, or book entry, in such denominations, shall bear
9interest payable at such times and at such fixed or variable
10rate or rates, and be dated as shall be fixed and determined by
11the Director of the Governor's Office of Management and Budget
12in the order authorizing the issuance and sale of any series of
13State Pension Obligation Acceleration Bonds, which order shall
14be approved by the Governor and is herein called a "Bond Sale
15Order"; provided, however, that interest payable at fixed or
16variable rates shall not exceed that permitted in the Bond
17Authorization Act. State Pension Obligation Acceleration Bonds
18shall be payable at such place or places, within or without the
19State of Illinois, and may be made registrable as to either
20principal or as to both principal and interest, as shall be
21specified in the Bond Sale Order. State Pension Obligation
22Acceleration Bonds may be callable or subject to purchase and
23retirement or tender and remarketing as fixed and determined in
24the Bond Sale Order.
25(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
2625-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.

HB3342 Enrolled- 672 -LRB100 08528 SMS 18653 b
17-6-17; revised 8-8-17.)
2 (30 ILCS 330/11) (from Ch. 127, par. 661)
3 Sec. 11. Sale of Bonds. Except as otherwise provided in
4this Section, Bonds shall be sold from time to time pursuant to
5notice of sale and public bid or by negotiated sale in such
6amounts and at such times as is directed by the Governor, upon
7recommendation by the Director of the Governor's Office of
8Management and Budget. At least 25%, based on total principal
9amount, of all Bonds issued each fiscal year shall be sold
10pursuant to notice of sale and public bid. At all times during
11each fiscal year, no more than 75%, based on total principal
12amount, of the Bonds issued each fiscal year, shall have been
13sold by negotiated sale. Failure to satisfy the requirements in
14the preceding 2 sentences shall not affect the validity of any
15previously issued Bonds; provided that all Bonds authorized by
16Public Act 96-43 and Public Act 96-1497 shall not be included
17in determining compliance for any fiscal year with the
18requirements of the preceding 2 sentences; and further provided
19that refunding Bonds satisfying the requirements of Section 16
20of this Act and sold during fiscal year 2009, 2010, 2011, 2017,
21or 2018 shall not be subject to the requirements in the
22preceding 2 sentences.
23 If any Bonds, including refunding Bonds, are to be sold by
24negotiated sale, the Director of the Governor's Office of
25Management and Budget shall comply with the competitive request

HB3342 Enrolled- 673 -LRB100 08528 SMS 18653 b
1for proposal process set forth in the Illinois Procurement Code
2and all other applicable requirements of that Code.
3 If Bonds are to be sold pursuant to notice of sale and
4public bid, the Director of the Governor's Office of Management
5and Budget may, from time to time, as Bonds are to be sold,
6advertise the sale of the Bonds in at least 2 daily newspapers,
7one of which is published in the City of Springfield and one in
8the City of Chicago. The sale of the Bonds shall also be
9advertised in the volume of the Illinois Procurement Bulletin
10that is published by the Department of Central Management
11Services, and shall be published once at least 10 days prior to
12the date fixed for the opening of the bids. The Director of the
13Governor's Office of Management and Budget may reschedule the
14date of sale upon the giving of such additional notice as the
15Director deems adequate to inform prospective bidders of such
16change; provided, however, that all other conditions of the
17sale shall continue as originally advertised.
18 Executed Bonds shall, upon payment therefor, be delivered
19to the purchaser, and the proceeds of Bonds shall be paid into
20the State Treasury as directed by Section 12 of this Act.
21 All Income Tax Proceed Bonds shall comply with this
22Section. Notwithstanding anything to the contrary, however,
23for purposes of complying with this Section, Income Tax Proceed
24Bonds, regardless of the number of series or issuances sold
25thereunder, shall be considered a single issue or series.
26Furthermore, for purposes of complying with the competitive

HB3342 Enrolled- 674 -LRB100 08528 SMS 18653 b
1bidding requirements of this Section, the words "at all times"
2shall not apply to any such sale of the Income Tax Proceed
3Bonds. The Director of the Governor's Office of Management and
4Budget shall determine the time and manner of any competitive
5sale of the Income Tax Proceed Bonds; however, that sale shall
6under no circumstances take place later than 60 days after the
7State closes the sale of 75% of the Income Tax Proceed Bonds by
8negotiated sale.
9 All State Pension Obligation Acceleration Bonds shall
10comply with this Section. Notwithstanding anything to the
11contrary, however, for purposes of complying with this Section,
12State Pension Obligation Acceleration Bonds, regardless of the
13number of series or issuances sold thereunder, shall be
14considered a single issue or series. Furthermore, for purposes
15of complying with the competitive bidding requirements of this
16Section, the words "at all times" shall not apply to any such
17sale of the State Pension Obligation Acceleration Bonds. The
18Director of the Governor's Office of Management and Budget
19shall determine the time and manner of any competitive sale of
20the State Pension Obligation Acceleration Bonds; however, that
21sale shall under no circumstances take place later than 60 days
22after the State closes the sale of 75% of the State Pension
23Obligation Acceleration Bonds by negotiated sale.
24(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
2525-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
267-6-17; revised 8-15-17.)

HB3342 Enrolled- 675 -LRB100 08528 SMS 18653 b
1 (30 ILCS 330/12) (from Ch. 127, par. 662)
2 Sec. 12. Allocation of proceeds from sale of Bonds.
3 (a) Proceeds from the sale of Bonds, authorized by Section
43 of this Act, shall be deposited in the separate fund known as
5the Capital Development Fund.
6 (b) Proceeds from the sale of Bonds, authorized by
7paragraph (a) of Section 4 of this Act, shall be deposited in
8the separate fund known as the Transportation Bond, Series A
9Fund.
10 (c) Proceeds from the sale of Bonds, authorized by
11paragraphs (b) and (c) of Section 4 of this Act, shall be
12deposited in the separate fund known as the Transportation
13Bond, Series B Fund.
14 (c-1) Proceeds from the sale of Bonds, authorized by
15paragraph (d) of Section 4 of this Act, shall be deposited into
16the Transportation Bond Series D Fund, which is hereby created.
17 (d) Proceeds from the sale of Bonds, authorized by Section
185 of this Act, shall be deposited in the separate fund known as
19the School Construction Fund.
20 (e) Proceeds from the sale of Bonds, authorized by Section
216 of this Act, shall be deposited in the separate fund known as
22the Anti-Pollution Fund.
23 (f) Proceeds from the sale of Bonds, authorized by Section
247 of this Act, shall be deposited in the separate fund known as
25the Coal Development Fund.

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1 (f-2) Proceeds from the sale of Bonds, authorized by
2Section 7.2 of this Act, shall be deposited as set forth in
3Section 7.2.
4 (f-5) Proceeds from the sale of Bonds, authorized by
5Section 7.5 of this Act, shall be deposited as set forth in
6Section 7.5.
7 (f-7) Proceeds from the sale of Bonds, authorized by
8Section 7.6 of this Act, shall be deposited as set forth in
9Section 7.6.
10 (f-8) Proceeds from the sale of Bonds, authorized by
11Section 7.7 of this Act, shall be deposited as set forth in
12Section 7.7.
13 (g) Proceeds from the sale of Bonds, authorized by Section
148 of this Act, shall be deposited in the Capital Development
15Fund.
16 (h) Subsequent to the issuance of any Bonds for the
17purposes described in Sections 2 through 8 of this Act, the
18Governor and the Director of the Governor's Office of
19Management and Budget may provide for the reallocation of
20unspent proceeds of such Bonds to any other purposes authorized
21under said Sections of this Act, subject to the limitations on
22aggregate principal amounts contained therein. Upon any such
23reallocation, such unspent proceeds shall be transferred to the
24appropriate funds as determined by reference to paragraphs (a)
25through (g) of this Section.
26(Source: P.A. 100-23, eff. 7-6-17.)

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1 (30 ILCS 330/13) (from Ch. 127, par. 663)
2 Sec. 13. Appropriation of proceeds from sale of Bonds.
3 (a) At all times, the proceeds from the sale of Bonds
4issued pursuant to this Act are subject to appropriation by the
5General Assembly and, except as provided in Sections 7.2, and
67.6, and 7.7, may be obligated or expended only with the
7written approval of the Governor, in such amounts, at such
8times, and for such purposes as the respective State agencies,
9as defined in Section 1-7 of the Illinois State Auditing Act,
10as amended, deem necessary or desirable for the specific
11purposes contemplated in Sections 2 through 8 of this Act.
12Notwithstanding any other provision of this Act, proceeds from
13the sale of Bonds issued pursuant to this Act appropriated by
14the General Assembly to the Architect of the Capitol may be
15obligated or expended by the Architect of the Capitol without
16the written approval of the Governor.
17 (b) Proceeds from the sale of Bonds for the purpose of
18development of coal and alternative forms of energy shall be
19expended in such amounts and at such times as the Department of
20Commerce and Economic Opportunity, with the advice and
21recommendation of the Illinois Coal Development Board for coal
22development projects, may deem necessary and desirable for the
23specific purpose contemplated by Section 7 of this Act. In
24considering the approval of projects to be funded, the
25Department of Commerce and Economic Opportunity shall give

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1special consideration to projects designed to remove sulfur and
2other pollutants in the preparation and utilization of coal,
3and in the use and operation of electric utility generating
4plants and industrial facilities which utilize Illinois coal as
5their primary source of fuel.
6 (c) Except as directed in subsection (c-1) or (c-2), any
7monies received by any officer or employee of the state
8representing a reimbursement of expenditures previously paid
9from general obligation bond proceeds shall be deposited into
10the General Obligation Bond Retirement and Interest Fund
11authorized in Section 14 of this Act.
12 (c-1) Any money received by the Department of
13Transportation as reimbursement for expenditures for high
14speed rail purposes pursuant to appropriations from the
15Transportation Bond, Series B Fund for (i) CREATE (Chicago
16Region Environmental and Transportation Efficiency), (ii) High
17Speed Rail, or (iii) AMTRAK projects authorized by the federal
18government under the provisions of the American Recovery and
19Reinvestment Act of 2009 or the Safe Accountable Flexible
20Efficient Transportation Equity Act-A Legacy for Users
21(SAFETEA-LU), or any successor federal transportation
22authorization Act, shall be deposited into the Federal High
23Speed Rail Trust Fund.
24 (c-2) Any money received by the Department of
25Transportation as reimbursement for expenditures for transit
26capital purposes pursuant to appropriations from the

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1Transportation Bond, Series B Fund for projects authorized by
2the federal government under the provisions of the American
3Recovery and Reinvestment Act of 2009 or the Safe Accountable
4Flexible Efficient Transportation Equity Act-A Legacy for
5Users (SAFETEA-LU), or any successor federal transportation
6authorization Act, shall be deposited into the Federal Mass
7Transit Trust Fund.
8(Source: P.A. 100-23, eff. 7-6-17.)
9 Section 110-20. The Illinois Pension Code is amended by
10adding Sections 14-103.41, 14-147.5, 14-147.6, 15-185.5,
1115-185.6, 16-106.41, 16-158, 16-190.5, and 16-190.6 and
12amending Sections 14-135.08, 14-152.1, 15-155, 15-165, 15-198,
13and 16-203 as follows:
14 (40 ILCS 5/14-103.41 new)
15 Sec. 14-103.41. Tier 1 member. "Tier 1 member": A member of
16this System who first became a member or participant before
17January 1, 2011 under any reciprocal retirement system or
18pension fund established under this Code other than a
19retirement system or pension fund established under Article 2,
203, 4, 5, 6, or 18 of this Code.
21 (40 ILCS 5/14-135.08) (from Ch. 108 1/2, par. 14-135.08)
22 Sec. 14-135.08. To certify required State contributions.
23 (a) To certify to the Governor and to each department, on

HB3342 Enrolled- 680 -LRB100 08528 SMS 18653 b
1or before November 15 of each year until November 15, 2011, the
2required rate for State contributions to the System for the
3next State fiscal year, as determined under subsection (b) of
4Section 14-131. The certification to the Governor under this
5subsection (a) shall include a copy of the actuarial
6recommendations upon which the rate is based and shall
7specifically identify the System's projected State normal cost
8for that fiscal year.
9 (a-5) On or before November 1 of each year, beginning
10November 1, 2012, the Board shall submit to the State Actuary,
11the Governor, and the General Assembly a proposed certification
12of the amount of the required State contribution to the System
13for the next fiscal year, along with all of the actuarial
14assumptions, calculations, and data upon which that proposed
15certification is based. On or before January 1 of each year
16beginning January 1, 2013, the State Actuary shall issue a
17preliminary report concerning the proposed certification and
18identifying, if necessary, recommended changes in actuarial
19assumptions that the Board must consider before finalizing its
20certification of the required State contributions. On or before
21January 15, 2013 and each January 15 thereafter, the Board
22shall certify to the Governor and the General Assembly the
23amount of the required State contribution for the next fiscal
24year. The Board's certification must note any deviations from
25the State Actuary's recommended changes, the reason or reasons
26for not following the State Actuary's recommended changes, and

HB3342 Enrolled- 681 -LRB100 08528 SMS 18653 b
1the fiscal impact of not following the State Actuary's
2recommended changes on the required State contribution.
3 (b) The certifications under subsections (a) and (a-5)
4shall include an additional amount necessary to pay all
5principal of and interest on those general obligation bonds due
6the next fiscal year authorized by Section 7.2(a) of the
7General Obligation Bond Act and issued to provide the proceeds
8deposited by the State with the System in July 2003,
9representing deposits other than amounts reserved under
10Section 7.2(c) of the General Obligation Bond Act. For State
11fiscal year 2005, the Board shall make a supplemental
12certification of the additional amount necessary to pay all
13principal of and interest on those general obligation bonds due
14in State fiscal years 2004 and 2005 authorized by Section
157.2(a) of the General Obligation Bond Act and issued to provide
16the proceeds deposited by the State with the System in July
172003, representing deposits other than amounts reserved under
18Section 7.2(c) of the General Obligation Bond Act, as soon as
19practical after the effective date of this amendatory Act of
20the 93rd General Assembly.
21 On or before May 1, 2004, the Board shall recalculate and
22recertify to the Governor and to each department the amount of
23the required State contribution to the System and the required
24rates for State contributions to the System for State fiscal
25year 2005, taking into account the amounts appropriated to and
26received by the System under subsection (d) of Section 7.2 of

HB3342 Enrolled- 682 -LRB100 08528 SMS 18653 b
1the General Obligation Bond Act.
2 On or before July 1, 2005, the Board shall recalculate and
3recertify to the Governor and to each department the amount of
4the required State contribution to the System and the required
5rates for State contributions to the System for State fiscal
6year 2006, taking into account the changes in required State
7contributions made by this amendatory Act of the 94th General
8Assembly.
9 On or before April 1, 2011, the Board shall recalculate and
10recertify to the Governor and to each department the amount of
11the required State contribution to the System for State fiscal
12year 2011, applying the changes made by Public Act 96-889 to
13the System's assets and liabilities as of June 30, 2009 as
14though Public Act 96-889 was approved on that date.
15 By November 1, 2017, the Board shall recalculate and
16recertify to the State Actuary, the Governor, and the General
17Assembly the amount of the State contribution to the System for
18State fiscal year 2018, taking into account the changes in
19required State contributions made by this amendatory Act of the
20100th General Assembly. The State Actuary shall review the
21assumptions and valuations underlying the Board's revised
22certification and issue a preliminary report concerning the
23proposed recertification and identifying, if necessary,
24recommended changes in actuarial assumptions that the Board
25must consider before finalizing its certification of the
26required State contributions. The Board's final certification

HB3342 Enrolled- 683 -LRB100 08528 SMS 18653 b
1must note any deviations from the State Actuary's recommended
2changes, the reason or reasons for not following the State
3Actuary's recommended changes, and the fiscal impact of not
4following the State Actuary's recommended changes on the
5required State contribution.
6 On or after June 15, 2019, but no later than June 30, 2019,
7the Board shall recalculate and recertify to the Governor and
8the General Assembly the amount of the State contribution to
9the System for State fiscal year 2019, taking into account the
10changes in required State contributions made by this amendatory
11Act of the 100th General Assembly. The recalculation shall be
12made using assumptions adopted by the Board for the original
13fiscal year 2019 certification. The monthly voucher for the
1412th month of fiscal year 2019 shall be paid by the Comptroller
15after the recertification required pursuant to this paragraph
16is submitted to the Governor, Comptroller, and General
17Assembly. The recertification submitted to the General
18Assembly shall be filed with the Clerk of the House of
19Representatives and the Secretary of the Senate in electronic
20form only, in the manner that the Clerk and the Secretary shall
21direct.
22(Source: P.A. 100-23, eff. 7-6-17.)
23 (40 ILCS 5/14-147.5 new)
24 Sec. 14-147.5. Accelerated pension benefit payment in lieu
25of any pension benefit.

HB3342 Enrolled- 684 -LRB100 08528 SMS 18653 b
1 (a) As used in this Section:
2 "Eligible person" means a person who:
3 (1) has terminated service;
4 (2) has accrued sufficient service credit to be
5 eligible to receive a retirement annuity under this
6 Article;
7 (3) has not received any retirement annuity under this
8 Article; and
9 (4) has not made the election under Section 14-147.6.
10 "Pension benefit" means the benefits under this Article, or
11Article 1 as it relates to those benefits, including any
12anticipated annual increases, that an eligible person is
13entitled to upon attainment of the applicable retirement age.
14"Pension benefit" also includes applicable survivor's or
15disability benefits.
16 (b) As soon as practical after the effective date of this
17amendatory Act of the 100th General Assembly, the System shall
18calculate, using actuarial tables and other assumptions
19adopted by the Board, the present value of pension benefits for
20each eligible person who requests that information and shall
21offer each eligible person the opportunity to irrevocably elect
22to receive an amount determined by the System to be equal to
2360% of the present value of his or her pension benefits in lieu
24of receiving any pension benefit. The offer shall specify the
25dollar amount that the eligible person will receive if he or
26she so elects and shall expire when a subsequent offer is made

HB3342 Enrolled- 685 -LRB100 08528 SMS 18653 b
1to an eligible person. An eligible person is limited to one
2calculation and offer per calendar year. The System shall make
3a good faith effort to contact every eligible person to notify
4him or her of the election.
5 Until June 30, 2021, an eligible person may irrevocably
6elect to receive an accelerated pension benefit payment in the
7amount that the System offers under this subsection in lieu of
8receiving any pension benefit. A person who elects to receive
9an accelerated pension benefit payment under this Section may
10not elect to proceed under the Retirement Systems Reciprocal
11Act with respect to service under this Article.
12 (c) A person's creditable service under this Article shall
13be terminated upon the person's receipt of an accelerated
14pension benefit payment under this Section, and no other
15benefit shall be paid under this Article based on the
16terminated creditable service, including any retirement,
17survivor, or other benefit; except that to the extent that
18participation, benefits, or premiums under the State Employees
19Group Insurance Act of 1971 are based on the amount of service
20credit, the terminated service credit shall be used for that
21purpose.
22 (d) If a person who has received an accelerated pension
23benefit payment under this Section returns to active service
24under this Article, then:
25 (1) Any benefits under the System earned as a result of
26 that return to active service shall be based solely on the

HB3342 Enrolled- 686 -LRB100 08528 SMS 18653 b
1 person's creditable service arising from the return to
2 active service.
3 (2) The accelerated pension benefit payment may not be
4 repaid to the System, and the terminated creditable service
5 may not under any circumstances be reinstated.
6 (e) As a condition of receiving an accelerated pension
7benefit payment, the accelerated pension benefit payment must
8be transferred into a tax qualified retirement plan or account.
9The accelerated pension benefit payment under this Section may
10be subject to withholding or payment of applicable taxes, but
11to the extent permitted by federal law, a person who receives
12an accelerated pension benefit payment under this Section must
13direct the System to pay all of that payment as a rollover into
14another retirement plan or account qualified under the Internal
15Revenue Code of 1986, as amended.
16 (f) Upon receipt of a member's irrevocable election to
17receive an accelerated pension benefit payment under this
18Section, the System shall submit a voucher to the Comptroller
19for payment of the member's accelerated pension benefit
20payment. The Comptroller shall transfer the amount of the
21voucher from the State Pension Obligation Acceleration Bond
22Fund to the System, and the System shall transfer the amount
23into the member's eligible retirement plan or qualified
24account.
25 (g) The Board shall adopt any rules, including emergency
26rules, necessary to implement this Section.

HB3342 Enrolled- 687 -LRB100 08528 SMS 18653 b
1 (h) No provision of this Section shall be interpreted in a
2way that would cause the applicable System to cease to be a
3qualified plan under the Internal Revenue Code of 1986.
4 (40 ILCS 5/14-147.6 new)
5 Sec. 14-147.6. Accelerated pension benefit payment for a
6reduction in annual retirement annuity and survivor's annuity
7increases.
8 (a) As used in this Section:
9 "Accelerated pension benefit payment" means a lump sum
10payment equal to 70% of the difference of the present value of
11the automatic annual increases to a Tier 1 member's retirement
12annuity and survivor's annuity using the formula applicable to
13the Tier 1 member and the present value of the automatic annual
14increases to the Tier 1 member's retirement annuity using the
15formula provided under subsection (b-5) and survivor's annuity
16using the formula provided under subsection (b-6).
17 "Eligible person" means a person who:
18 (1) is a Tier 1 member;
19 (2) has submitted an application for a retirement
20 annuity under this Article;
21 (3) meets the age and service requirements for
22 receiving a retirement annuity under this Article;
23 (4) has not received any retirement annuity under this
24 Article; and
25 (5) has not made the election under Section 14-147.5.

HB3342 Enrolled- 688 -LRB100 08528 SMS 18653 b
1 (b) As soon as practical after the effective date of this
2amendatory Act of the 100th General Assembly and until June 30,
32021, the System shall implement an accelerated pension benefit
4payment option for eligible persons. Upon the request of an
5eligible person, the System shall calculate, using actuarial
6tables and other assumptions adopted by the Board, an
7accelerated pension benefit payment amount and shall offer that
8eligible person the opportunity to irrevocably elect to have
9his or her automatic annual increases in retirement annuity
10calculated in accordance with the formula provided under
11subsection (b-5) and any increases in survivor's annuity
12payable to his or her survivor's annuity beneficiary calculated
13in accordance with the formula provided under subsection (b-6)
14in exchange for the accelerated pension benefit payment. The
15election under this subsection must be made before the eligible
16person receives the first payment of a retirement annuity
17otherwise payable under this Article.
18 (b-5) Notwithstanding any other provision of law, the
19retirement annuity of a person who made the election under
20subsection (b) shall be subject to annual increases on the
21January 1 occurring either on or after the attainment of age 67
22or the first anniversary of the annuity start date, whichever
23is later. Each annual increase shall be calculated at 1.5% of
24the originally granted retirement annuity.
25 (b-6) Notwithstanding any other provision of law, a
26survivor's annuity payable to a survivor's annuity beneficiary

HB3342 Enrolled- 689 -LRB100 08528 SMS 18653 b
1of a person who made the election under subsection (b) shall be
2subject to annual increases on the January 1 occurring on or
3after the first anniversary of the commencement of the annuity.
4Each annual increase shall be calculated at 1.5% of the
5originally granted survivor's annuity.
6 (c) If a person who has received an accelerated pension
7benefit payment returns to active service under this Article,
8then:
9 (1) the calculation of any future automatic annual
10 increase in retirement annuity shall be calculated in
11 accordance with the formula provided under subsection
12 (b-5); and
13 (2) the accelerated pension benefit payment may not be
14 repaid to the System.
15 (d) As a condition of receiving an accelerated pension
16benefit payment, the accelerated pension benefit payment must
17be transferred into a tax qualified retirement plan or account.
18The accelerated pension benefit payment under this Section may
19be subject to withholding or payment of applicable taxes, but
20to the extent permitted by federal law, a person who receives
21an accelerated pension benefit payment under this Section must
22direct the System to pay all of that payment as a rollover into
23another retirement plan or account qualified under the Internal
24Revenue Code of 1986, as amended.
25 (d-5) Upon receipt of a member's irrevocable election to
26receive an accelerated pension benefit payment under this

HB3342 Enrolled- 690 -LRB100 08528 SMS 18653 b
1Section, the System shall submit a voucher to the Comptroller
2for payment of the member's accelerated pension benefit
3payment. The Comptroller shall transfer the amount of the
4voucher to the System, and the System shall transfer the amount
5into a member's eligible retirement plan or qualified account.
6 (e) The Board shall adopt any rules, including emergency
7rules, necessary to implement this Section.
8 (f) No provision of this Section shall be interpreted in a
9way that would cause the applicable System to cease to be a
10qualified plan under the Internal Revenue Code of 1986.
11 (40 ILCS 5/14-152.1)
12 Sec. 14-152.1. Application and expiration of new benefit
13increases.
14 (a) As used in this Section, "new benefit increase" means
15an increase in the amount of any benefit provided under this
16Article, or an expansion of the conditions of eligibility for
17any benefit under this Article, that results from an amendment
18to this Code that takes effect after June 1, 2005 (the
19effective date of Public Act 94-4). "New benefit increase",
20however, does not include any benefit increase resulting from
21the changes made to Article 1 or this Article by Public Act
2296-37, Public Act 100-23, or this amendatory Act of the 100th
23General Assembly or by this amendatory Act of the 100th General
24Assembly.
25 (b) Notwithstanding any other provision of this Code or any

HB3342 Enrolled- 691 -LRB100 08528 SMS 18653 b
1subsequent amendment to this Code, every new benefit increase
2is subject to this Section and shall be deemed to be granted
3only in conformance with and contingent upon compliance with
4the provisions of this Section.
5 (c) The Public Act enacting a new benefit increase must
6identify and provide for payment to the System of additional
7funding at least sufficient to fund the resulting annual
8increase in cost to the System as it accrues.
9 Every new benefit increase is contingent upon the General
10Assembly providing the additional funding required under this
11subsection. The Commission on Government Forecasting and
12Accountability shall analyze whether adequate additional
13funding has been provided for the new benefit increase and
14shall report its analysis to the Public Pension Division of the
15Department of Insurance. A new benefit increase created by a
16Public Act that does not include the additional funding
17required under this subsection is null and void. If the Public
18Pension Division determines that the additional funding
19provided for a new benefit increase under this subsection is or
20has become inadequate, it may so certify to the Governor and
21the State Comptroller and, in the absence of corrective action
22by the General Assembly, the new benefit increase shall expire
23at the end of the fiscal year in which the certification is
24made.
25 (d) Every new benefit increase shall expire 5 years after
26its effective date or on such earlier date as may be specified

HB3342 Enrolled- 692 -LRB100 08528 SMS 18653 b
1in the language enacting the new benefit increase or provided
2under subsection (c). This does not prevent the General
3Assembly from extending or re-creating a new benefit increase
4by law.
5 (e) Except as otherwise provided in the language creating
6the new benefit increase, a new benefit increase that expires
7under this Section continues to apply to persons who applied
8and qualified for the affected benefit while the new benefit
9increase was in effect and to the affected beneficiaries and
10alternate payees of such persons, but does not apply to any
11other person, including without limitation a person who
12continues in service after the expiration date and did not
13apply and qualify for the affected benefit while the new
14benefit increase was in effect.
15(Source: P.A. 100-23, eff. 7-6-17.)
16 (40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
17 Sec. 15-155. Employer contributions.
18 (a) The State of Illinois shall make contributions by
19appropriations of amounts which, together with the other
20employer contributions from trust, federal, and other funds,
21employee contributions, income from investments, and other
22income of this System, will be sufficient to meet the cost of
23maintaining and administering the System on a 90% funded basis
24in accordance with actuarial recommendations.
25 The Board shall determine the amount of State contributions

HB3342 Enrolled- 693 -LRB100 08528 SMS 18653 b
1required for each fiscal year on the basis of the actuarial
2tables and other assumptions adopted by the Board and the
3recommendations of the actuary, using the formula in subsection
4(a-1).
5 (a-1) For State fiscal years 2012 through 2045, the minimum
6contribution to the System to be made by the State for each
7fiscal year shall be an amount determined by the System to be
8sufficient to bring the total assets of the System up to 90% of
9the total actuarial liabilities of the System by the end of
10State fiscal year 2045. In making these determinations, the
11required State contribution shall be calculated each year as a
12level percentage of payroll over the years remaining to and
13including fiscal year 2045 and shall be determined under the
14projected unit credit actuarial cost method.
15 For each of State fiscal years 2018, 2019, and 2020, the
16State shall make an additional contribution to the System equal
17to 2% of the total payroll of each employee who is deemed to
18have elected the benefits under Section 1-161 or who has made
19the election under subsection (c) of Section 1-161.
20 A change in an actuarial or investment assumption that
21increases or decreases the required State contribution and
22first applies in State fiscal year 2018 or thereafter shall be
23implemented in equal annual amounts over a 5-year period
24beginning in the State fiscal year in which the actuarial
25change first applies to the required State contribution.
26 A change in an actuarial or investment assumption that

HB3342 Enrolled- 694 -LRB100 08528 SMS 18653 b
1increases or decreases the required State contribution and
2first applied to the State contribution in fiscal year 2014,
32015, 2016, or 2017 shall be implemented:
4 (i) as already applied in State fiscal years before
5 2018; and
6 (ii) in the portion of the 5-year period beginning in
7 the State fiscal year in which the actuarial change first
8 applied that occurs in State fiscal year 2018 or
9 thereafter, by calculating the change in equal annual
10 amounts over that 5-year period and then implementing it at
11 the resulting annual rate in each of the remaining fiscal
12 years in that 5-year period.
13 For State fiscal years 1996 through 2005, the State
14contribution to the System, as a percentage of the applicable
15employee payroll, shall be increased in equal annual increments
16so that by State fiscal year 2011, the State is contributing at
17the rate required under this Section.
18 Notwithstanding any other provision of this Article, the
19total required State contribution for State fiscal year 2006 is
20$166,641,900.
21 Notwithstanding any other provision of this Article, the
22total required State contribution for State fiscal year 2007 is
23$252,064,100.
24 For each of State fiscal years 2008 through 2009, the State
25contribution to the System, as a percentage of the applicable
26employee payroll, shall be increased in equal annual increments

HB3342 Enrolled- 695 -LRB100 08528 SMS 18653 b
1from the required State contribution for State fiscal year
22007, so that by State fiscal year 2011, the State is
3contributing at the rate otherwise required under this Section.
4 Notwithstanding any other provision of this Article, the
5total required State contribution for State fiscal year 2010 is
6$702,514,000 and shall be made from the State Pensions Fund and
7proceeds of bonds sold in fiscal year 2010 pursuant to Section
87.2 of the General Obligation Bond Act, less (i) the pro rata
9share of bond sale expenses determined by the System's share of
10total bond proceeds, (ii) any amounts received from the General
11Revenue Fund in fiscal year 2010, (iii) any reduction in bond
12proceeds due to the issuance of discounted bonds, if
13applicable.
14 Notwithstanding any other provision of this Article, the
15total required State contribution for State fiscal year 2011 is
16the amount recertified by the System on or before April 1, 2011
17pursuant to Section 15-165 and shall be made from the State
18Pensions Fund and proceeds of bonds sold in fiscal year 2011
19pursuant to Section 7.2 of the General Obligation Bond Act,
20less (i) the pro rata share of bond sale expenses determined by
21the System's share of total bond proceeds, (ii) any amounts
22received from the General Revenue Fund in fiscal year 2011, and
23(iii) any reduction in bond proceeds due to the issuance of
24discounted bonds, if applicable.
25 Beginning in State fiscal year 2046, the minimum State
26contribution for each fiscal year shall be the amount needed to

HB3342 Enrolled- 696 -LRB100 08528 SMS 18653 b
1maintain the total assets of the System at 90% of the total
2actuarial liabilities of the System.
3 Amounts received by the System pursuant to Section 25 of
4the Budget Stabilization Act or Section 8.12 of the State
5Finance Act in any fiscal year do not reduce and do not
6constitute payment of any portion of the minimum State
7contribution required under this Article in that fiscal year.
8Such amounts shall not reduce, and shall not be included in the
9calculation of, the required State contributions under this
10Article in any future year until the System has reached a
11funding ratio of at least 90%. A reference in this Article to
12the "required State contribution" or any substantially similar
13term does not include or apply to any amounts payable to the
14System under Section 25 of the Budget Stabilization Act.
15 Notwithstanding any other provision of this Section, the
16required State contribution for State fiscal year 2005 and for
17fiscal year 2008 and each fiscal year thereafter, as calculated
18under this Section and certified under Section 15-165, shall
19not exceed an amount equal to (i) the amount of the required
20State contribution that would have been calculated under this
21Section for that fiscal year if the System had not received any
22payments under subsection (d) of Section 7.2 of the General
23Obligation Bond Act, minus (ii) the portion of the State's
24total debt service payments for that fiscal year on the bonds
25issued in fiscal year 2003 for the purposes of that Section
267.2, as determined and certified by the Comptroller, that is

HB3342 Enrolled- 697 -LRB100 08528 SMS 18653 b
1the same as the System's portion of the total moneys
2distributed under subsection (d) of Section 7.2 of the General
3Obligation Bond Act. In determining this maximum for State
4fiscal years 2008 through 2010, however, the amount referred to
5in item (i) shall be increased, as a percentage of the
6applicable employee payroll, in equal increments calculated
7from the sum of the required State contribution for State
8fiscal year 2007 plus the applicable portion of the State's
9total debt service payments for fiscal year 2007 on the bonds
10issued in fiscal year 2003 for the purposes of Section 7.2 of
11the General Obligation Bond Act, so that, by State fiscal year
122011, the State is contributing at the rate otherwise required
13under this Section.
14 (a-2) Beginning in fiscal year 2018, each employer under
15this Article shall pay to the System a required contribution
16determined as a percentage of projected payroll and sufficient
17to produce an annual amount equal to:
18 (i) for each of fiscal years 2018, 2019, and 2020, the
19 defined benefit normal cost of the defined benefit plan,
20 less the employee contribution, for each employee of that
21 employer who has elected or who is deemed to have elected
22 the benefits under Section 1-161 or who has made the
23 election under subsection (c) of Section 1-161; for fiscal
24 year 2021 and each fiscal year thereafter, the defined
25 benefit normal cost of the defined benefit plan, less the
26 employee contribution, plus 2%, for each employee of that

HB3342 Enrolled- 698 -LRB100 08528 SMS 18653 b
1 employer who has elected or who is deemed to have elected
2 the benefits under Section 1-161 or who has made the
3 election under subsection (c) of Section 1-161; plus
4 (ii) the amount required for that fiscal year to
5 amortize any unfunded actuarial accrued liability
6 associated with the present value of liabilities
7 attributable to the employer's account under Section
8 15-155.2, determined as a level percentage of payroll over
9 a 30-year rolling amortization period.
10 In determining contributions required under item (i) of
11this subsection, the System shall determine an aggregate rate
12for all employers, expressed as a percentage of projected
13payroll.
14 In determining the contributions required under item (ii)
15of this subsection, the amount shall be computed by the System
16on the basis of the actuarial assumptions and tables used in
17the most recent actuarial valuation of the System that is
18available at the time of the computation.
19 The contributions required under this subsection (a-2)
20shall be paid by an employer concurrently with that employer's
21payroll payment period. The State, as the actual employer of an
22employee, shall make the required contributions under this
23subsection.
24 As used in this subsection, "academic year" means the
2512-month period beginning September 1.
26 (b) If an employee is paid from trust or federal funds, the

HB3342 Enrolled- 699 -LRB100 08528 SMS 18653 b
1employer shall pay to the Board contributions from those funds
2which are sufficient to cover the accruing normal costs on
3behalf of the employee. However, universities having employees
4who are compensated out of local auxiliary funds, income funds,
5or service enterprise funds are not required to pay such
6contributions on behalf of those employees. The local auxiliary
7funds, income funds, and service enterprise funds of
8universities shall not be considered trust funds for the
9purpose of this Article, but funds of alumni associations,
10foundations, and athletic associations which are affiliated
11with the universities included as employers under this Article
12and other employers which do not receive State appropriations
13are considered to be trust funds for the purpose of this
14Article.
15 (b-1) The City of Urbana and the City of Champaign shall
16each make employer contributions to this System for their
17respective firefighter employees who participate in this
18System pursuant to subsection (h) of Section 15-107. The rate
19of contributions to be made by those municipalities shall be
20determined annually by the Board on the basis of the actuarial
21assumptions adopted by the Board and the recommendations of the
22actuary, and shall be expressed as a percentage of salary for
23each such employee. The Board shall certify the rate to the
24affected municipalities as soon as may be practical. The
25employer contributions required under this subsection shall be
26remitted by the municipality to the System at the same time and

HB3342 Enrolled- 700 -LRB100 08528 SMS 18653 b
1in the same manner as employee contributions.
2 (c) Through State fiscal year 1995: The total employer
3contribution shall be apportioned among the various funds of
4the State and other employers, whether trust, federal, or other
5funds, in accordance with actuarial procedures approved by the
6Board. State of Illinois contributions for employers receiving
7State appropriations for personal services shall be payable
8from appropriations made to the employers or to the System. The
9contributions for Class I community colleges covering earnings
10other than those paid from trust and federal funds, shall be
11payable solely from appropriations to the Illinois Community
12College Board or the System for employer contributions.
13 (d) Beginning in State fiscal year 1996, the required State
14contributions to the System shall be appropriated directly to
15the System and shall be payable through vouchers issued in
16accordance with subsection (c) of Section 15-165, except as
17provided in subsection (g).
18 (e) The State Comptroller shall draw warrants payable to
19the System upon proper certification by the System or by the
20employer in accordance with the appropriation laws and this
21Code.
22 (f) Normal costs under this Section means liability for
23pensions and other benefits which accrues to the System because
24of the credits earned for service rendered by the participants
25during the fiscal year and expenses of administering the
26System, but shall not include the principal of or any

HB3342 Enrolled- 701 -LRB100 08528 SMS 18653 b
1redemption premium or interest on any bonds issued by the Board
2or any expenses incurred or deposits required in connection
3therewith.
4 (g) For academic years beginning on or after June 1, 2005
5and before July 1, 2018 and for earnings paid to a participant
6under a contract or collective bargaining agreement entered
7into, amended, or renewed before the effective date of this
8amendatory Act of the 100th General Assembly, if If the amount
9of a participant's earnings for any academic year used to
10determine the final rate of earnings, determined on a full-time
11equivalent basis, exceeds the amount of his or her earnings
12with the same employer for the previous academic year,
13determined on a full-time equivalent basis, by more than 6%,
14the participant's employer shall pay to the System, in addition
15to all other payments required under this Section and in
16accordance with guidelines established by the System, the
17present value of the increase in benefits resulting from the
18portion of the increase in earnings that is in excess of 6%.
19This present value shall be computed by the System on the basis
20of the actuarial assumptions and tables used in the most recent
21actuarial valuation of the System that is available at the time
22of the computation. The System may require the employer to
23provide any pertinent information or documentation.
24 Whenever it determines that a payment is or may be required
25under this subsection (g), the System shall calculate the
26amount of the payment and bill the employer for that amount.

HB3342 Enrolled- 702 -LRB100 08528 SMS 18653 b
1The bill shall specify the calculations used to determine the
2amount due. If the employer disputes the amount of the bill, it
3may, within 30 days after receipt of the bill, apply to the
4System in writing for a recalculation. The application must
5specify in detail the grounds of the dispute and, if the
6employer asserts that the calculation is subject to subsection
7(h) or (i) of this Section or that subsection (g-1) applies,
8must include an affidavit setting forth and attesting to all
9facts within the employer's knowledge that are pertinent to the
10applicability of that subsection subsection (h) or (i). Upon
11receiving a timely application for recalculation, the System
12shall review the application and, if appropriate, recalculate
13the amount due.
14 The employer contributions required under this subsection
15(g) may be paid in the form of a lump sum within 90 days after
16receipt of the bill. If the employer contributions are not paid
17within 90 days after receipt of the bill, then interest will be
18charged at a rate equal to the System's annual actuarially
19assumed rate of return on investment compounded annually from
20the 91st day after receipt of the bill. Payments must be
21concluded within 3 years after the employer's receipt of the
22bill.
23 When assessing payment for any amount due under this
24subsection (g), the System shall include earnings, to the
25extent not established by a participant under Section 15-113.11
26or 15-113.12, that would have been paid to the participant had

HB3342 Enrolled- 703 -LRB100 08528 SMS 18653 b
1the participant not taken (i) periods of voluntary or
2involuntary furlough occurring on or after July 1, 2015 and on
3or before June 30, 2017 or (ii) periods of voluntary pay
4reduction in lieu of furlough occurring on or after July 1,
52015 and on or before June 30, 2017. Determining earnings that
6would have been paid to a participant had the participant not
7taken periods of voluntary or involuntary furlough or periods
8of voluntary pay reduction shall be the responsibility of the
9employer, and shall be reported in a manner prescribed by the
10System.
11 This subsection (g) does not apply to (1) Tier 2 hybrid
12plan members and (2) Tier 2 defined benefit members who first
13participate under this Article on or after the implementation
14date of the Optional Hybrid Plan.
15 (g-1) For academic years beginning on or after July 1, 2018
16and for earnings paid to a participant under a contract or
17collective bargaining agreement entered into, amended, or
18renewed on or after the effective date of this amendatory Act
19of the 100th General Assembly, if the amount of a participant's
20earnings for any academic year used to determine the final rate
21of earnings, determined on a full-time equivalent basis,
22exceeds the amount of his or her earnings with the same
23employer for the previous academic year, determined on a
24full-time equivalent basis, by more than 3%, then the
25participant's employer shall pay to the System, in addition to
26all other payments required under this Section and in

HB3342 Enrolled- 704 -LRB100 08528 SMS 18653 b
1accordance with guidelines established by the System, the
2present value of the increase in benefits resulting from the
3portion of the increase in earnings that is in excess of 3%.
4This present value shall be computed by the System on the basis
5of the actuarial assumptions and tables used in the most recent
6actuarial valuation of the System that is available at the time
7of the computation. The System may require the employer to
8provide any pertinent information or documentation.
9 Whenever it determines that a payment is or may be required
10under this subsection (g-1), the System shall calculate the
11amount of the payment and bill the employer for that amount.
12The bill shall specify the calculations used to determine the
13amount due. If the employer disputes the amount of the bill, it
14may, within 30 days after receipt of the bill, apply to the
15System in writing for a recalculation. The application must
16specify in detail the grounds of the dispute and, if the
17employer asserts that subsection (g) of this Section applies,
18must include an affidavit setting forth and attesting to all
19facts within the employer's knowledge that are pertinent to the
20applicability of subsection (g). Upon receiving a timely
21application for recalculation, the System shall review the
22application and, if appropriate, recalculate the amount due.
23 The employer contributions required under this subsection
24(g-1) may be paid in the form of a lump sum within 90 days after
25receipt of the bill. If the employer contributions are not paid
26within 90 days after receipt of the bill, then interest shall

HB3342 Enrolled- 705 -LRB100 08528 SMS 18653 b
1be charged at a rate equal to the System's annual actuarially
2assumed rate of return on investment compounded annually from
3the 91st day after receipt of the bill. Payments must be
4concluded within 3 years after the employer's receipt of the
5bill.
6 This subsection (g-1) does not apply to (1) Tier 2 hybrid
7plan members and (2) Tier 2 defined benefit members who first
8participate under this Article on or after the implementation
9date of the Optional Hybrid Plan.
10 (h) This subsection (h) applies only to payments made or
11salary increases given on or after June 1, 2005 but before July
121, 2011. The changes made by Public Act 94-1057 shall not
13require the System to refund any payments received before July
1431, 2006 (the effective date of Public Act 94-1057).
15 When assessing payment for any amount due under subsection
16(g), the System shall exclude earnings increases paid to
17participants under contracts or collective bargaining
18agreements entered into, amended, or renewed before June 1,
192005.
20 When assessing payment for any amount due under subsection
21(g), the System shall exclude earnings increases paid to a
22participant at a time when the participant is 10 or more years
23from retirement eligibility under Section 15-135.
24 When assessing payment for any amount due under subsection
25(g), the System shall exclude earnings increases resulting from
26overload work, including a contract for summer teaching, or

HB3342 Enrolled- 706 -LRB100 08528 SMS 18653 b
1overtime when the employer has certified to the System, and the
2System has approved the certification, that: (i) in the case of
3overloads (A) the overload work is for the sole purpose of
4academic instruction in excess of the standard number of
5instruction hours for a full-time employee occurring during the
6academic year that the overload is paid and (B) the earnings
7increases are equal to or less than the rate of pay for
8academic instruction computed using the participant's current
9salary rate and work schedule; and (ii) in the case of
10overtime, the overtime was necessary for the educational
11mission.
12 When assessing payment for any amount due under subsection
13(g), the System shall exclude any earnings increase resulting
14from (i) a promotion for which the employee moves from one
15classification to a higher classification under the State
16Universities Civil Service System, (ii) a promotion in academic
17rank for a tenured or tenure-track faculty position, or (iii) a
18promotion that the Illinois Community College Board has
19recommended in accordance with subsection (k) of this Section.
20These earnings increases shall be excluded only if the
21promotion is to a position that has existed and been filled by
22a member for no less than one complete academic year and the
23earnings increase as a result of the promotion is an increase
24that results in an amount no greater than the average salary
25paid for other similar positions.
26 (i) When assessing payment for any amount due under

HB3342 Enrolled- 707 -LRB100 08528 SMS 18653 b
1subsection (g), the System shall exclude any salary increase
2described in subsection (h) of this Section given on or after
3July 1, 2011 but before July 1, 2014 under a contract or
4collective bargaining agreement entered into, amended, or
5renewed on or after June 1, 2005 but before July 1, 2011.
6Notwithstanding any other provision of this Section, any
7payments made or salary increases given after June 30, 2014
8shall be used in assessing payment for any amount due under
9subsection (g) of this Section.
10 (j) The System shall prepare a report and file copies of
11the report with the Governor and the General Assembly by
12January 1, 2007 that contains all of the following information:
13 (1) The number of recalculations required by the
14 changes made to this Section by Public Act 94-1057 for each
15 employer.
16 (2) The dollar amount by which each employer's
17 contribution to the System was changed due to
18 recalculations required by Public Act 94-1057.
19 (3) The total amount the System received from each
20 employer as a result of the changes made to this Section by
21 Public Act 94-4.
22 (4) The increase in the required State contribution
23 resulting from the changes made to this Section by Public
24 Act 94-1057.
25 (j-5) For academic years beginning on or after July 1,
262017, if the amount of a participant's earnings for any school

HB3342 Enrolled- 708 -LRB100 08528 SMS 18653 b
1year, determined on a full-time equivalent basis, exceeds the
2amount of the salary set for the Governor, the participant's
3employer shall pay to the System, in addition to all other
4payments required under this Section and in accordance with
5guidelines established by the System, an amount determined by
6the System to be equal to the employer normal cost, as
7established by the System and expressed as a total percentage
8of payroll, multiplied by the amount of earnings in excess of
9the amount of the salary set for the Governor. This amount
10shall be computed by the System on the basis of the actuarial
11assumptions and tables used in the most recent actuarial
12valuation of the System that is available at the time of the
13computation. The System may require the employer to provide any
14pertinent information or documentation.
15 Whenever it determines that a payment is or may be required
16under this subsection, the System shall calculate the amount of
17the payment and bill the employer for that amount. The bill
18shall specify the calculations used to determine the amount
19due. If the employer disputes the amount of the bill, it may,
20within 30 days after receipt of the bill, apply to the System
21in writing for a recalculation. The application must specify in
22detail the grounds of the dispute. Upon receiving a timely
23application for recalculation, the System shall review the
24application and, if appropriate, recalculate the amount due.
25 The employer contributions required under this subsection
26may be paid in the form of a lump sum within 90 days after

HB3342 Enrolled- 709 -LRB100 08528 SMS 18653 b
1receipt of the bill. If the employer contributions are not paid
2within 90 days after receipt of the bill, then interest will be
3charged at a rate equal to the System's annual actuarially
4assumed rate of return on investment compounded annually from
5the 91st day after receipt of the bill. Payments must be
6concluded within 3 years after the employer's receipt of the
7bill.
8 (k) The Illinois Community College Board shall adopt rules
9for recommending lists of promotional positions submitted to
10the Board by community colleges and for reviewing the
11promotional lists on an annual basis. When recommending
12promotional lists, the Board shall consider the similarity of
13the positions submitted to those positions recognized for State
14universities by the State Universities Civil Service System.
15The Illinois Community College Board shall file a copy of its
16findings with the System. The System shall consider the
17findings of the Illinois Community College Board when making
18determinations under this Section. The System shall not exclude
19any earnings increases resulting from a promotion when the
20promotion was not submitted by a community college. Nothing in
21this subsection (k) shall require any community college to
22submit any information to the Community College Board.
23 (l) For purposes of determining the required State
24contribution to the System, the value of the System's assets
25shall be equal to the actuarial value of the System's assets,
26which shall be calculated as follows:

HB3342 Enrolled- 710 -LRB100 08528 SMS 18653 b
1 As of June 30, 2008, the actuarial value of the System's
2assets shall be equal to the market value of the assets as of
3that date. In determining the actuarial value of the System's
4assets for fiscal years after June 30, 2008, any actuarial
5gains or losses from investment return incurred in a fiscal
6year shall be recognized in equal annual amounts over the
75-year period following that fiscal year.
8 (m) For purposes of determining the required State
9contribution to the system for a particular year, the actuarial
10value of assets shall be assumed to earn a rate of return equal
11to the system's actuarially assumed rate of return.
12(Source: P.A. 99-897, eff. 1-1-17; 100-23, eff. 7-6-17.)
13 (40 ILCS 5/15-165) (from Ch. 108 1/2, par. 15-165)
14 Sec. 15-165. To certify amounts and submit vouchers.
15 (a) The Board shall certify to the Governor on or before
16November 15 of each year until November 15, 2011 the
17appropriation required from State funds for the purposes of
18this System for the following fiscal year. The certification
19under this subsection (a) shall include a copy of the actuarial
20recommendations upon which it is based and shall specifically
21identify the System's projected State normal cost for that
22fiscal year and the projected State cost for the self-managed
23plan for that fiscal year.
24 On or before May 1, 2004, the Board shall recalculate and
25recertify to the Governor the amount of the required State

HB3342 Enrolled- 711 -LRB100 08528 SMS 18653 b
1contribution to the System for State fiscal year 2005, taking
2into account the amounts appropriated to and received by the
3System under subsection (d) of Section 7.2 of the General
4Obligation Bond Act.
5 On or before July 1, 2005, the Board shall recalculate and
6recertify to the Governor the amount of the required State
7contribution to the System for State fiscal year 2006, taking
8into account the changes in required State contributions made
9by this amendatory Act of the 94th General Assembly.
10 On or before April 1, 2011, the Board shall recalculate and
11recertify to the Governor the amount of the required State
12contribution to the System for State fiscal year 2011, applying
13the changes made by Public Act 96-889 to the System's assets
14and liabilities as of June 30, 2009 as though Public Act 96-889
15was approved on that date.
16 (a-5) On or before November 1 of each year, beginning
17November 1, 2012, the Board shall submit to the State Actuary,
18the Governor, and the General Assembly a proposed certification
19of the amount of the required State contribution to the System
20for the next fiscal year, along with all of the actuarial
21assumptions, calculations, and data upon which that proposed
22certification is based. On or before January 1 of each year,
23beginning January 1, 2013, the State Actuary shall issue a
24preliminary report concerning the proposed certification and
25identifying, if necessary, recommended changes in actuarial
26assumptions that the Board must consider before finalizing its

HB3342 Enrolled- 712 -LRB100 08528 SMS 18653 b
1certification of the required State contributions. On or before
2January 15, 2013 and each January 15 thereafter, the Board
3shall certify to the Governor and the General Assembly the
4amount of the required State contribution for the next fiscal
5year. The Board's certification must note, in a written
6response to the State Actuary, any deviations from the State
7Actuary's recommended changes, the reason or reasons for not
8following the State Actuary's recommended changes, and the
9fiscal impact of not following the State Actuary's recommended
10changes on the required State contribution.
11 (a-10) By November 1, 2017, the Board shall recalculate and
12recertify to the State Actuary, the Governor, and the General
13Assembly the amount of the State contribution to the System for
14State fiscal year 2018, taking into account the changes in
15required State contributions made by this amendatory Act of the
16100th General Assembly. The State Actuary shall review the
17assumptions and valuations underlying the Board's revised
18certification and issue a preliminary report concerning the
19proposed recertification and identifying, if necessary,
20recommended changes in actuarial assumptions that the Board
21must consider before finalizing its certification of the
22required State contributions. The Board's final certification
23must note any deviations from the State Actuary's recommended
24changes, the reason or reasons for not following the State
25Actuary's recommended changes, and the fiscal impact of not
26following the State Actuary's recommended changes on the

HB3342 Enrolled- 713 -LRB100 08528 SMS 18653 b
1required State contribution.
2 (a-15) On or after June 15, 2019, but no later than June
330, 2019, the Board shall recalculate and recertify to the
4Governor and the General Assembly the amount of the State
5contribution to the System for State fiscal year 2019, taking
6into account the changes in required State contributions made
7by this amendatory Act of the 100th General Assembly. The
8recalculation shall be made using assumptions adopted by the
9Board for the original fiscal year 2019 certification. The
10monthly voucher for the 12th month of fiscal year 2019 shall be
11paid by the Comptroller after the recertification required
12pursuant to this subsection is submitted to the Governor,
13Comptroller, and General Assembly. The recertification
14submitted to the General Assembly shall be filed with the Clerk
15of the House of Representatives and the Secretary of the Senate
16in electronic form only, in the manner that the Clerk and the
17Secretary shall direct.
18 (b) The Board shall certify to the State Comptroller or
19employer, as the case may be, from time to time, by its
20chairperson and secretary, with its seal attached, the amounts
21payable to the System from the various funds.
22 (c) Beginning in State fiscal year 1996, on or as soon as
23possible after the 15th day of each month the Board shall
24submit vouchers for payment of State contributions to the
25System, in a total monthly amount of one-twelfth of the
26required annual State contribution certified under subsection

HB3342 Enrolled- 714 -LRB100 08528 SMS 18653 b
1(a). From the effective date of this amendatory Act of the 93rd
2General Assembly through June 30, 2004, the Board shall not
3submit vouchers for the remainder of fiscal year 2004 in excess
4of the fiscal year 2004 certified contribution amount
5determined under this Section after taking into consideration
6the transfer to the System under subsection (b) of Section
76z-61 of the State Finance Act. These vouchers shall be paid by
8the State Comptroller and Treasurer by warrants drawn on the
9funds appropriated to the System for that fiscal year.
10 If in any month the amount remaining unexpended from all
11other appropriations to the System for the applicable fiscal
12year (including the appropriations to the System under Section
138.12 of the State Finance Act and Section 1 of the State
14Pension Funds Continuing Appropriation Act) is less than the
15amount lawfully vouchered under this Section, the difference
16shall be paid from the General Revenue Fund under the
17continuing appropriation authority provided in Section 1.1 of
18the State Pension Funds Continuing Appropriation Act.
19 (d) So long as the payments received are the full amount
20lawfully vouchered under this Section, payments received by the
21System under this Section shall be applied first toward the
22employer contribution to the self-managed plan established
23under Section 15-158.2. Payments shall be applied second toward
24the employer's portion of the normal costs of the System, as
25defined in subsection (f) of Section 15-155. The balance shall
26be applied toward the unfunded actuarial liabilities of the

HB3342 Enrolled- 715 -LRB100 08528 SMS 18653 b
1System.
2 (e) In the event that the System does not receive, as a
3result of legislative enactment or otherwise, payments
4sufficient to fully fund the employer contribution to the
5self-managed plan established under Section 15-158.2 and to
6fully fund that portion of the employer's portion of the normal
7costs of the System, as calculated in accordance with Section
815-155(a-1), then any payments received shall be applied
9proportionately to the optional retirement program established
10under Section 15-158.2 and to the employer's portion of the
11normal costs of the System, as calculated in accordance with
12Section 15-155(a-1).
13(Source: P.A. 100-23, eff. 7-6-17.)
14 (40 ILCS 5/15-185.5 new)
15 Sec. 15-185.5. Accelerated pension benefit payment in lieu
16of any pension benefit.
17 (a) As used in this Section:
18 "Eligible person" means a person who:
19 (1) has terminated service;
20 (2) has accrued sufficient service credit to be
21 eligible to receive a retirement annuity under this
22 Article;
23 (3) has not received any retirement annuity under this
24 Article;
25 (4) has not made the election under Section 15-185.6;

HB3342 Enrolled- 716 -LRB100 08528 SMS 18653 b
1 and
2 (5) is not a participant in the self-managed plan under
3 Section 15-158.2.
4 "Implementation date" means the earliest date upon which
5the Board authorizes eligible persons to begin irrevocably
6electing the accelerated pension benefit payment option under
7this Section. The Board shall endeavor to make such
8participation available as soon as possible after the effective
9date of this amendatory Act of the 100th General Assembly and
10shall establish an implementation date by Board resolution.
11 "Pension benefit" means the benefits under this Article, or
12Article 1 as it relates to those benefits, including any
13anticipated annual increases, that an eligible person is
14entitled to upon attainment of the applicable retirement age.
15"Pension benefit" also includes applicable survivors benefits,
16disability benefits, or disability retirement annuity
17benefits.
18 (b) Beginning on the implementation date, the System shall
19offer each eligible person the opportunity to irrevocably elect
20to receive an amount determined by the System to be equal to
2160% of the present value of his or her pension benefits in lieu
22of receiving any pension benefit. The System shall calculate,
23using actuarial tables and other assumptions adopted by the
24Board, the present value of pension benefits for each eligible
25person upon his or her request in writing to the System. The
26System shall not perform more than one calculation per eligible

HB3342 Enrolled- 717 -LRB100 08528 SMS 18653 b
1member in a State fiscal year. The offer shall specify the
2dollar amount that the eligible person will receive if he or
3she so elects and shall expire when a subsequent offer is made
4to an eligible person. The System shall make a good faith
5effort to contact every eligible person to notify him or her of
6the election.
7 Beginning on the implementation date and until June 30,
82021, an eligible person may irrevocably elect to receive an
9accelerated pension benefit payment in the amount that the
10System offers under this subsection in lieu of receiving any
11pension benefit. A person who elects to receive an accelerated
12pension benefit payment under this Section may not elect to
13proceed under the Retirement Systems Reciprocal Act with
14respect to service under this Article.
15 (c) Upon payment of an accelerated pension benefit payment
16under this Section, the person forfeits all accrued rights and
17credits in the System and no other benefit shall be paid under
18this Article based on those forfeited rights and credits,
19including any retirement, survivor, or other benefit; except
20that to the extent that participation, benefits, or premiums
21under the State Employees Group Insurance Act of 1971 are based
22on the amount of service credit, the terminated service credit
23shall be used for that purpose.
24 (d) If a person who has received an accelerated pension
25benefit payment under this Section returns to participation
26under this Article, any benefits under the System earned as a

HB3342 Enrolled- 718 -LRB100 08528 SMS 18653 b
1result of that return to participation shall be based solely on
2the person's credits and creditable service arising from the
3return to participation. Upon return to participation, the
4person shall be considered a new employee subject to all the
5qualifying conditions for participation and eligibility for
6benefits applicable to new employees.
7 (d-5) The accelerated pension benefit payment may not be
8repaid to the System, and the forfeited rights and credits may
9not under any circumstances be reinstated.
10 (e) As a condition of receiving an accelerated pension
11benefit payment, the accelerated pension benefit payment must
12be deposited into a tax qualified retirement plan or account
13identified by the eligible person at the time of the election.
14The accelerated pension benefit payment under this Section may
15be subject to withholding or payment of applicable taxes, but
16to the extent permitted by federal law, a person who receives
17an accelerated pension benefit payment under this Section must
18direct the System to pay all of that payment as a rollover into
19another retirement plan or account qualified under the Internal
20Revenue Code of 1986, as amended.
21 (f) The System shall submit vouchers to the State
22Comptroller for the payment of accelerated pension benefit
23payments under this Section. The State Comptroller shall pay
24the amounts of the vouchers from the State Pension Obligation
25Acceleration Bond Fund to the System, and the System shall
26deposit the amounts into the applicable tax qualified plans or

HB3342 Enrolled- 719 -LRB100 08528 SMS 18653 b
1accounts.
2 (g) The Board shall adopt any rules, including emergency
3rules, necessary to implement this Section.
4 (h) No provision of this Section shall be interpreted in a
5way that would cause the System to cease to be a qualified plan
6under the Internal Revenue Code of 1986.
7 (40 ILCS 5/15-185.6 new)
8 Sec. 15-185.6. Accelerated pension benefit payment for a
9reduction in an annual increase to a retirement annuity and an
10annuity benefit payable as a result of death.
11 (a) As used in this Section:
12 "Accelerated pension benefit payment" means a lump sum
13payment equal to 70% of the difference of: (i) the present
14value of the automatic annual increases to a Tier 1 member's
15retirement annuity, including any increases to any annuity
16benefit payable as a result of his or her death, using the
17formula applicable to the Tier 1 member; and (ii) the present
18value of the automatic annual increases to the Tier 1 member's
19retirement annuity, including any increases to any annuity
20benefit payable as a result of his or her death, using the
21formula provided under subsection (b-5).
22 "Eligible person" means a person who:
23 (1) is a Tier 1 member;
24 (2) has submitted an application for a retirement
25 annuity under this Article;

HB3342 Enrolled- 720 -LRB100 08528 SMS 18653 b
1 (3) meets the age and service requirements for
2 receiving a retirement annuity under this Article;
3 (4) has not received any retirement annuity under this
4 Article;
5 (5) has not made the election under Section 15-185.5;
6 and
7 (6) is not a participant in the self-managed plan under
8 Section 15-158.2.
9 "Implementation date" means the earliest date upon which
10the Board authorizes eligible persons to begin irrevocably
11electing the accelerated pension benefit payment option under
12this Section. The Board shall endeavor to make such
13participation available as soon as possible after the effective
14date of this amendatory Act of the 100th General Assembly and
15shall establish an implementation date by Board resolution.
16 (b) Beginning on the implementation date and until June 30,
172021, the System shall implement an accelerated pension benefit
18payment option for eligible persons. The System shall
19calculate, using actuarial tables and other assumptions
20adopted by the Board, an accelerated pension benefit payment
21amount for an eligible person upon his or her request in
22writing to the System and shall offer that eligible person the
23opportunity to irrevocably elect to have his or her automatic
24annual increases in retirement annuity and any annuity benefit
25payable as a result of his or her death calculated in
26accordance with the formula provided in subsection (b-5) in

HB3342 Enrolled- 721 -LRB100 08528 SMS 18653 b
1exchange for the accelerated pension benefit payment. The
2System shall not perform more than one calculation under this
3Section per eligible person in a State fiscal year. The
4election under this subsection must be made before any
5retirement annuity is paid to the eligible person, and the
6eligible survivor, spouse, or contingent annuitant, as
7applicable, must consent to the election under this subsection.
8 (b-5) Notwithstanding any other provision of law, the
9retirement annuity of a person who made the election under
10subsection (b) shall be increased annually beginning on the
11January 1 occurring either on or after the attainment of age 67
12or the first anniversary of the annuity start date, whichever
13is later, and any annuity benefit payable as a result of his or
14her death shall be increased annually beginning on: (1) the
15January 1 occurring on or after the commencement of the annuity
16if the deceased Tier 1 member died while receiving a retirement
17annuity; or (2) the January 1 occurring after the first
18anniversary of the commencement of the benefit. Each annual
19increase shall be calculated at 1.5% of the originally granted
20retirement annuity or annuity benefit payable as a result of
21the Tier 1 member's death.
22 (c) If an annuitant who has received an accelerated pension
23benefit payment returns to participation under this Article,
24the calculation of any future automatic annual increase in
25retirement annuity under subsection (c) of Section 15-139 shall
26be calculated in accordance with the formula provided in

HB3342 Enrolled- 722 -LRB100 08528 SMS 18653 b
1subsection (b-5).
2 (c-5) The accelerated pension benefit payment may not be
3repaid to the System.
4 (d) As a condition of receiving an accelerated pension
5benefit payment, the accelerated pension benefit payment must
6be deposited into a tax qualified retirement plan or account
7identified by the eligible person at the time of election. The
8accelerated pension benefit payment under this Section may be
9subject to withholding or payment of applicable taxes, but to
10the extent permitted by federal law, a person who receives an
11accelerated pension benefit payment under this Section must
12direct the System to pay all of that payment as a rollover into
13another retirement plan or account qualified under the Internal
14Revenue Code of 1986, as amended.
15 (d-5) The System shall submit vouchers to the State
16Comptroller for the payment of accelerated pension benefit
17payments under this Section. The State Comptroller shall pay
18the amounts of the vouchers from the State Pension Obligation
19Acceleration Bond Fund to the System, and the System shall
20deposit the amounts into the applicable tax qualified plans or
21accounts.
22 (e) The Board shall adopt any rules, including emergency
23rules, necessary to implement this Section.
24 (f) No provision of this Section shall be interpreted in a
25way that would cause the System to cease to be a qualified plan
26under the Internal Revenue Code of 1986.

HB3342 Enrolled- 723 -LRB100 08528 SMS 18653 b
1 (40 ILCS 5/15-198)
2 Sec. 15-198. Application and expiration of new benefit
3increases.
4 (a) As used in this Section, "new benefit increase" means
5an increase in the amount of any benefit provided under this
6Article, or an expansion of the conditions of eligibility for
7any benefit under this Article, that results from an amendment
8to this Code that takes effect after the effective date of this
9amendatory Act of the 94th General Assembly. "New benefit
10increase", however, does not include any benefit increase
11resulting from the changes made to Article 1 or this Article by
12Public Act 100-23 or this amendatory Act of the 100th General
13Assembly this amendatory Act of the 100th General Assembly.
14 (b) Notwithstanding any other provision of this Code or any
15subsequent amendment to this Code, every new benefit increase
16is subject to this Section and shall be deemed to be granted
17only in conformance with and contingent upon compliance with
18the provisions of this Section.
19 (c) The Public Act enacting a new benefit increase must
20identify and provide for payment to the System of additional
21funding at least sufficient to fund the resulting annual
22increase in cost to the System as it accrues.
23 Every new benefit increase is contingent upon the General
24Assembly providing the additional funding required under this
25subsection. The Commission on Government Forecasting and

HB3342 Enrolled- 724 -LRB100 08528 SMS 18653 b
1Accountability shall analyze whether adequate additional
2funding has been provided for the new benefit increase and
3shall report its analysis to the Public Pension Division of the
4Department of Insurance. A new benefit increase created by a
5Public Act that does not include the additional funding
6required under this subsection is null and void. If the Public
7Pension Division determines that the additional funding
8provided for a new benefit increase under this subsection is or
9has become inadequate, it may so certify to the Governor and
10the State Comptroller and, in the absence of corrective action
11by the General Assembly, the new benefit increase shall expire
12at the end of the fiscal year in which the certification is
13made.
14 (d) Every new benefit increase shall expire 5 years after
15its effective date or on such earlier date as may be specified
16in the language enacting the new benefit increase or provided
17under subsection (c). This does not prevent the General
18Assembly from extending or re-creating a new benefit increase
19by law.
20 (e) Except as otherwise provided in the language creating
21the new benefit increase, a new benefit increase that expires
22under this Section continues to apply to persons who applied
23and qualified for the affected benefit while the new benefit
24increase was in effect and to the affected beneficiaries and
25alternate payees of such persons, but does not apply to any
26other person, including without limitation a person who

HB3342 Enrolled- 725 -LRB100 08528 SMS 18653 b
1continues in service after the expiration date and did not
2apply and qualify for the affected benefit while the new
3benefit increase was in effect.
4(Source: P.A. 100-23, eff. 7-6-17.)
5 (40 ILCS 5/16-106.41 new)
6 Sec. 16-106.41. Tier 1 member. "Tier 1 member": A member
7under this Article who first became a member or participant
8before January 1, 2011 under any reciprocal retirement system
9or pension fund established under this Code other than a
10retirement system or pension fund established under Article 2,
113, 4, 5, 6, or 18 of this Code.
12 (40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158)
13 Sec. 16-158. Contributions by State and other employing
14units.
15 (a) The State shall make contributions to the System by
16means of appropriations from the Common School Fund and other
17State funds of amounts which, together with other employer
18contributions, employee contributions, investment income, and
19other income, will be sufficient to meet the cost of
20maintaining and administering the System on a 90% funded basis
21in accordance with actuarial recommendations.
22 The Board shall determine the amount of State contributions
23required for each fiscal year on the basis of the actuarial
24tables and other assumptions adopted by the Board and the

HB3342 Enrolled- 726 -LRB100 08528 SMS 18653 b
1recommendations of the actuary, using the formula in subsection
2(b-3).
3 (a-1) Annually, on or before November 15 until November 15,
42011, the Board shall certify to the Governor the amount of the
5required State contribution for the coming fiscal year. The
6certification under this subsection (a-1) shall include a copy
7of the actuarial recommendations upon which it is based and
8shall specifically identify the System's projected State
9normal cost for that fiscal year.
10 On or before May 1, 2004, the Board shall recalculate and
11recertify to the Governor the amount of the required State
12contribution to the System for State fiscal year 2005, taking
13into account the amounts appropriated to and received by the
14System under subsection (d) of Section 7.2 of the General
15Obligation Bond Act.
16 On or before July 1, 2005, the Board shall recalculate and
17recertify to the Governor the amount of the required State
18contribution to the System for State fiscal year 2006, taking
19into account the changes in required State contributions made
20by Public Act 94-4 this amendatory Act of the 94th General
21Assembly.
22 On or before April 1, 2011, the Board shall recalculate and
23recertify to the Governor the amount of the required State
24contribution to the System for State fiscal year 2011, applying
25the changes made by Public Act 96-889 to the System's assets
26and liabilities as of June 30, 2009 as though Public Act 96-889

HB3342 Enrolled- 727 -LRB100 08528 SMS 18653 b
1was approved on that date.
2 (a-5) On or before November 1 of each year, beginning
3November 1, 2012, the Board shall submit to the State Actuary,
4the Governor, and the General Assembly a proposed certification
5of the amount of the required State contribution to the System
6for the next fiscal year, along with all of the actuarial
7assumptions, calculations, and data upon which that proposed
8certification is based. On or before January 1 of each year,
9beginning January 1, 2013, the State Actuary shall issue a
10preliminary report concerning the proposed certification and
11identifying, if necessary, recommended changes in actuarial
12assumptions that the Board must consider before finalizing its
13certification of the required State contributions. On or before
14January 15, 2013 and each January 15 thereafter, the Board
15shall certify to the Governor and the General Assembly the
16amount of the required State contribution for the next fiscal
17year. The Board's certification must note any deviations from
18the State Actuary's recommended changes, the reason or reasons
19for not following the State Actuary's recommended changes, and
20the fiscal impact of not following the State Actuary's
21recommended changes on the required State contribution.
22 (a-10) By November 1, 2017, the Board shall recalculate and
23recertify to the State Actuary, the Governor, and the General
24Assembly the amount of the State contribution to the System for
25State fiscal year 2018, taking into account the changes in
26required State contributions made by Public Act 100-23 this

HB3342 Enrolled- 728 -LRB100 08528 SMS 18653 b
1amendatory Act of the 100th General Assembly. The State Actuary
2shall review the assumptions and valuations underlying the
3Board's revised certification and issue a preliminary report
4concerning the proposed recertification and identifying, if
5necessary, recommended changes in actuarial assumptions that
6the Board must consider before finalizing its certification of
7the required State contributions. The Board's final
8certification must note any deviations from the State Actuary's
9recommended changes, the reason or reasons for not following
10the State Actuary's recommended changes, and the fiscal impact
11of not following the State Actuary's recommended changes on the
12required State contribution.
13 (a-15) On or after June 15, 2019, but no later than June
1430, 2019, the Board shall recalculate and recertify to the
15Governor and the General Assembly the amount of the State
16contribution to the System for State fiscal year 2019, taking
17into account the changes in required State contributions made
18by this amendatory Act of the 100th General Assembly. The
19recalculation shall be made using assumptions adopted by the
20Board for the original fiscal year 2019 certification. The
21monthly voucher for the 12th month of fiscal year 2019 shall be
22paid by the Comptroller after the recertification required
23pursuant to this subsection is submitted to the Governor,
24Comptroller, and General Assembly. The recertification
25submitted to the General Assembly shall be filed with the Clerk
26of the House of Representatives and the Secretary of the Senate

HB3342 Enrolled- 729 -LRB100 08528 SMS 18653 b
1in electronic form only, in the manner that the Clerk and the
2Secretary shall direct.
3 (b) Through State fiscal year 1995, the State contributions
4shall be paid to the System in accordance with Section 18-7 of
5the School Code.
6 (b-1) Beginning in State fiscal year 1996, on the 15th day
7of each month, or as soon thereafter as may be practicable, the
8Board shall submit vouchers for payment of State contributions
9to the System, in a total monthly amount of one-twelfth of the
10required annual State contribution certified under subsection
11(a-1). From March 5, 2004 (the effective date of Public Act
1293-665) this amendatory Act of the 93rd General Assembly
13through June 30, 2004, the Board shall not submit vouchers for
14the remainder of fiscal year 2004 in excess of the fiscal year
152004 certified contribution amount determined under this
16Section after taking into consideration the transfer to the
17System under subsection (a) of Section 6z-61 of the State
18Finance Act. These vouchers shall be paid by the State
19Comptroller and Treasurer by warrants drawn on the funds
20appropriated to the System for that fiscal year.
21 If in any month the amount remaining unexpended from all
22other appropriations to the System for the applicable fiscal
23year (including the appropriations to the System under Section
248.12 of the State Finance Act and Section 1 of the State
25Pension Funds Continuing Appropriation Act) is less than the
26amount lawfully vouchered under this subsection, the

HB3342 Enrolled- 730 -LRB100 08528 SMS 18653 b
1difference shall be paid from the Common School Fund under the
2continuing appropriation authority provided in Section 1.1 of
3the State Pension Funds Continuing Appropriation Act.
4 (b-2) Allocations from the Common School Fund apportioned
5to school districts not coming under this System shall not be
6diminished or affected by the provisions of this Article.
7 (b-3) For State fiscal years 2012 through 2045, the minimum
8contribution to the System to be made by the State for each
9fiscal year shall be an amount determined by the System to be
10sufficient to bring the total assets of the System up to 90% of
11the total actuarial liabilities of the System by the end of
12State fiscal year 2045. In making these determinations, the
13required State contribution shall be calculated each year as a
14level percentage of payroll over the years remaining to and
15including fiscal year 2045 and shall be determined under the
16projected unit credit actuarial cost method.
17 For each of State fiscal years 2018, 2019, and 2020, the
18State shall make an additional contribution to the System equal
19to 2% of the total payroll of each employee who is deemed to
20have elected the benefits under Section 1-161 or who has made
21the election under subsection (c) of Section 1-161.
22 A change in an actuarial or investment assumption that
23increases or decreases the required State contribution and
24first applies in State fiscal year 2018 or thereafter shall be
25implemented in equal annual amounts over a 5-year period
26beginning in the State fiscal year in which the actuarial

HB3342 Enrolled- 731 -LRB100 08528 SMS 18653 b
1change first applies to the required State contribution.
2 A change in an actuarial or investment assumption that
3increases or decreases the required State contribution and
4first applied to the State contribution in fiscal year 2014,
52015, 2016, or 2017 shall be implemented:
6 (i) as already applied in State fiscal years before
7 2018; and
8 (ii) in the portion of the 5-year period beginning in
9 the State fiscal year in which the actuarial change first
10 applied that occurs in State fiscal year 2018 or
11 thereafter, by calculating the change in equal annual
12 amounts over that 5-year period and then implementing it at
13 the resulting annual rate in each of the remaining fiscal
14 years in that 5-year period.
15 For State fiscal years 1996 through 2005, the State
16contribution to the System, as a percentage of the applicable
17employee payroll, shall be increased in equal annual increments
18so that by State fiscal year 2011, the State is contributing at
19the rate required under this Section; except that in the
20following specified State fiscal years, the State contribution
21to the System shall not be less than the following indicated
22percentages of the applicable employee payroll, even if the
23indicated percentage will produce a State contribution in
24excess of the amount otherwise required under this subsection
25and subsection (a), and notwithstanding any contrary
26certification made under subsection (a-1) before May 27, 1998

HB3342 Enrolled- 732 -LRB100 08528 SMS 18653 b
1(the effective date of Public Act 90-582) this amendatory Act
2of 1998: 10.02% in FY 1999; 10.77% in FY 2000; 11.47% in FY
32001; 12.16% in FY 2002; 12.86% in FY 2003; and 13.56% in FY
42004.
5 Notwithstanding any other provision of this Article, the
6total required State contribution for State fiscal year 2006 is
7$534,627,700.
8 Notwithstanding any other provision of this Article, the
9total required State contribution for State fiscal year 2007 is
10$738,014,500.
11 For each of State fiscal years 2008 through 2009, the State
12contribution to the System, as a percentage of the applicable
13employee payroll, shall be increased in equal annual increments
14from the required State contribution for State fiscal year
152007, so that by State fiscal year 2011, the State is
16contributing at the rate otherwise required under this Section.
17 Notwithstanding any other provision of this Article, the
18total required State contribution for State fiscal year 2010 is
19$2,089,268,000 and shall be made from the proceeds of bonds
20sold in fiscal year 2010 pursuant to Section 7.2 of the General
21Obligation Bond Act, less (i) the pro rata share of bond sale
22expenses determined by the System's share of total bond
23proceeds, (ii) any amounts received from the Common School Fund
24in fiscal year 2010, and (iii) any reduction in bond proceeds
25due to the issuance of discounted bonds, if applicable.
26 Notwithstanding any other provision of this Article, the

HB3342 Enrolled- 733 -LRB100 08528 SMS 18653 b
1total required State contribution for State fiscal year 2011 is
2the amount recertified by the System on or before April 1, 2011
3pursuant to subsection (a-1) of this Section and shall be made
4from the proceeds of bonds sold in fiscal year 2011 pursuant to
5Section 7.2 of the General Obligation Bond Act, less (i) the
6pro rata share of bond sale expenses determined by the System's
7share of total bond proceeds, (ii) any amounts received from
8the Common School Fund in fiscal year 2011, and (iii) any
9reduction in bond proceeds due to the issuance of discounted
10bonds, if applicable. This amount shall include, in addition to
11the amount certified by the System, an amount necessary to meet
12employer contributions required by the State as an employer
13under paragraph (e) of this Section, which may also be used by
14the System for contributions required by paragraph (a) of
15Section 16-127.
16 Beginning in State fiscal year 2046, the minimum State
17contribution for each fiscal year shall be the amount needed to
18maintain the total assets of the System at 90% of the total
19actuarial liabilities of the System.
20 Amounts received by the System pursuant to Section 25 of
21the Budget Stabilization Act or Section 8.12 of the State
22Finance Act in any fiscal year do not reduce and do not
23constitute payment of any portion of the minimum State
24contribution required under this Article in that fiscal year.
25Such amounts shall not reduce, and shall not be included in the
26calculation of, the required State contributions under this

HB3342 Enrolled- 734 -LRB100 08528 SMS 18653 b
1Article in any future year until the System has reached a
2funding ratio of at least 90%. A reference in this Article to
3the "required State contribution" or any substantially similar
4term does not include or apply to any amounts payable to the
5System under Section 25 of the Budget Stabilization Act.
6 Notwithstanding any other provision of this Section, the
7required State contribution for State fiscal year 2005 and for
8fiscal year 2008 and each fiscal year thereafter, as calculated
9under this Section and certified under subsection (a-1), shall
10not exceed an amount equal to (i) the amount of the required
11State contribution that would have been calculated under this
12Section for that fiscal year if the System had not received any
13payments under subsection (d) of Section 7.2 of the General
14Obligation Bond Act, minus (ii) the portion of the State's
15total debt service payments for that fiscal year on the bonds
16issued in fiscal year 2003 for the purposes of that Section
177.2, as determined and certified by the Comptroller, that is
18the same as the System's portion of the total moneys
19distributed under subsection (d) of Section 7.2 of the General
20Obligation Bond Act. In determining this maximum for State
21fiscal years 2008 through 2010, however, the amount referred to
22in item (i) shall be increased, as a percentage of the
23applicable employee payroll, in equal increments calculated
24from the sum of the required State contribution for State
25fiscal year 2007 plus the applicable portion of the State's
26total debt service payments for fiscal year 2007 on the bonds

HB3342 Enrolled- 735 -LRB100 08528 SMS 18653 b
1issued in fiscal year 2003 for the purposes of Section 7.2 of
2the General Obligation Bond Act, so that, by State fiscal year
32011, the State is contributing at the rate otherwise required
4under this Section.
5 (b-4) Beginning in fiscal year 2018, each employer under
6this Article shall pay to the System a required contribution
7determined as a percentage of projected payroll and sufficient
8to produce an annual amount equal to:
9 (i) for each of fiscal years 2018, 2019, and 2020, the
10 defined benefit normal cost of the defined benefit plan,
11 less the employee contribution, for each employee of that
12 employer who has elected or who is deemed to have elected
13 the benefits under Section 1-161 or who has made the
14 election under subsection (b) of Section 1-161; for fiscal
15 year 2021 and each fiscal year thereafter, the defined
16 benefit normal cost of the defined benefit plan, less the
17 employee contribution, plus 2%, for each employee of that
18 employer who has elected or who is deemed to have elected
19 the benefits under Section 1-161 or who has made the
20 election under subsection (b) of Section 1-161; plus
21 (ii) the amount required for that fiscal year to
22 amortize any unfunded actuarial accrued liability
23 associated with the present value of liabilities
24 attributable to the employer's account under Section
25 16-158.3, determined as a level percentage of payroll over
26 a 30-year rolling amortization period.

HB3342 Enrolled- 736 -LRB100 08528 SMS 18653 b
1 In determining contributions required under item (i) of
2this subsection, the System shall determine an aggregate rate
3for all employers, expressed as a percentage of projected
4payroll.
5 In determining the contributions required under item (ii)
6of this subsection, the amount shall be computed by the System
7on the basis of the actuarial assumptions and tables used in
8the most recent actuarial valuation of the System that is
9available at the time of the computation.
10 The contributions required under this subsection (b-4)
11shall be paid by an employer concurrently with that employer's
12payroll payment period. The State, as the actual employer of an
13employee, shall make the required contributions under this
14subsection.
15 (c) Payment of the required State contributions and of all
16pensions, retirement annuities, death benefits, refunds, and
17other benefits granted under or assumed by this System, and all
18expenses in connection with the administration and operation
19thereof, are obligations of the State.
20 If members are paid from special trust or federal funds
21which are administered by the employing unit, whether school
22district or other unit, the employing unit shall pay to the
23System from such funds the full accruing retirement costs based
24upon that service, which, beginning July 1, 2017, shall be at a
25rate, expressed as a percentage of salary, equal to the total
26employer's normal cost, expressed as a percentage of payroll,

HB3342 Enrolled- 737 -LRB100 08528 SMS 18653 b
1as determined by the System. Employer contributions, based on
2salary paid to members from federal funds, may be forwarded by
3the distributing agency of the State of Illinois to the System
4prior to allocation, in an amount determined in accordance with
5guidelines established by such agency and the System. Any
6contribution for fiscal year 2015 collected as a result of the
7change made by Public Act 98-674 this amendatory Act of the
898th General Assembly shall be considered a State contribution
9under subsection (b-3) of this Section.
10 (d) Effective July 1, 1986, any employer of a teacher as
11defined in paragraph (8) of Section 16-106 shall pay the
12employer's normal cost of benefits based upon the teacher's
13service, in addition to employee contributions, as determined
14by the System. Such employer contributions shall be forwarded
15monthly in accordance with guidelines established by the
16System.
17 However, with respect to benefits granted under Section
1816-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
19of Section 16-106, the employer's contribution shall be 12%
20(rather than 20%) of the member's highest annual salary rate
21for each year of creditable service granted, and the employer
22shall also pay the required employee contribution on behalf of
23the teacher. For the purposes of Sections 16-133.4 and
2416-133.5, a teacher as defined in paragraph (8) of Section
2516-106 who is serving in that capacity while on leave of
26absence from another employer under this Article shall not be

HB3342 Enrolled- 738 -LRB100 08528 SMS 18653 b
1considered an employee of the employer from which the teacher
2is on leave.
3 (e) Beginning July 1, 1998, every employer of a teacher
4shall pay to the System an employer contribution computed as
5follows:
6 (1) Beginning July 1, 1998 through June 30, 1999, the
7 employer contribution shall be equal to 0.3% of each
8 teacher's salary.
9 (2) Beginning July 1, 1999 and thereafter, the employer
10 contribution shall be equal to 0.58% of each teacher's
11 salary.
12The school district or other employing unit may pay these
13employer contributions out of any source of funding available
14for that purpose and shall forward the contributions to the
15System on the schedule established for the payment of member
16contributions.
17 These employer contributions are intended to offset a
18portion of the cost to the System of the increases in
19retirement benefits resulting from Public Act 90-582 this
20amendatory Act of 1998.
21 Each employer of teachers is entitled to a credit against
22the contributions required under this subsection (e) with
23respect to salaries paid to teachers for the period January 1,
242002 through June 30, 2003, equal to the amount paid by that
25employer under subsection (a-5) of Section 6.6 of the State
26Employees Group Insurance Act of 1971 with respect to salaries

HB3342 Enrolled- 739 -LRB100 08528 SMS 18653 b
1paid to teachers for that period.
2 The additional 1% employee contribution required under
3Section 16-152 by Public Act 90-582 this amendatory Act of 1998
4is the responsibility of the teacher and not the teacher's
5employer, unless the employer agrees, through collective
6bargaining or otherwise, to make the contribution on behalf of
7the teacher.
8 If an employer is required by a contract in effect on May
91, 1998 between the employer and an employee organization to
10pay, on behalf of all its full-time employees covered by this
11Article, all mandatory employee contributions required under
12this Article, then the employer shall be excused from paying
13the employer contribution required under this subsection (e)
14for the balance of the term of that contract. The employer and
15the employee organization shall jointly certify to the System
16the existence of the contractual requirement, in such form as
17the System may prescribe. This exclusion shall cease upon the
18termination, extension, or renewal of the contract at any time
19after May 1, 1998.
20 (f) For school years beginning on or after June 1, 2005 and
21before July 1, 2018 and for salary paid to a teacher under a
22contract or collective bargaining agreement entered into,
23amended, or renewed before the effective date of this
24amendatory Act of the 100th General Assembly, if If the amount
25of a teacher's salary for any school year used to determine
26final average salary exceeds the member's annual full-time

HB3342 Enrolled- 740 -LRB100 08528 SMS 18653 b
1salary rate with the same employer for the previous school year
2by more than 6%, the teacher's employer shall pay to the
3System, in addition to all other payments required under this
4Section and in accordance with guidelines established by the
5System, the present value of the increase in benefits resulting
6from the portion of the increase in salary that is in excess of
76%. This present value shall be computed by the System on the
8basis of the actuarial assumptions and tables used in the most
9recent actuarial valuation of the System that is available at
10the time of the computation. If a teacher's salary for the
112005-2006 school year is used to determine final average salary
12under this subsection (f), then the changes made to this
13subsection (f) by Public Act 94-1057 shall apply in calculating
14whether the increase in his or her salary is in excess of 6%.
15For the purposes of this Section, change in employment under
16Section 10-21.12 of the School Code on or after June 1, 2005
17shall constitute a change in employer. The System may require
18the employer to provide any pertinent information or
19documentation. The changes made to this subsection (f) by
20Public Act 94-1111 this amendatory Act of the 94th General
21Assembly apply without regard to whether the teacher was in
22service on or after its effective date.
23 Whenever it determines that a payment is or may be required
24under this subsection, the System shall calculate the amount of
25the payment and bill the employer for that amount. The bill
26shall specify the calculations used to determine the amount

HB3342 Enrolled- 741 -LRB100 08528 SMS 18653 b
1due. If the employer disputes the amount of the bill, it may,
2within 30 days after receipt of the bill, apply to the System
3in writing for a recalculation. The application must specify in
4detail the grounds of the dispute and, if the employer asserts
5that the calculation is subject to subsection (g) or (h) of
6this Section or that subsection (f-1) of this Section applies,
7must include an affidavit setting forth and attesting to all
8facts within the employer's knowledge that are pertinent to the
9applicability of that subsection. Upon receiving a timely
10application for recalculation, the System shall review the
11application and, if appropriate, recalculate the amount due.
12 The employer contributions required under this subsection
13(f) may be paid in the form of a lump sum within 90 days after
14receipt of the bill. If the employer contributions are not paid
15within 90 days after receipt of the bill, then interest will be
16charged at a rate equal to the System's annual actuarially
17assumed rate of return on investment compounded annually from
18the 91st day after receipt of the bill. Payments must be
19concluded within 3 years after the employer's receipt of the
20bill.
21 (f-1) For school years beginning on or after July 1, 2018
22and for salary paid to a teacher under a contract or collective
23bargaining agreement entered into, amended, or renewed on or
24after the effective date of this amendatory Act of the 100th
25General Assembly, if the amount of a teacher's salary for any
26school year used to determine final average salary exceeds the

HB3342 Enrolled- 742 -LRB100 08528 SMS 18653 b
1member's annual full-time salary rate with the same employer
2for the previous school year by more than 3%, then the
3teacher's employer shall pay to the System, in addition to all
4other payments required under this Section and in accordance
5with guidelines established by the System, the present value of
6the increase in benefits resulting from the portion of the
7increase in salary that is in excess of 3%. This present value
8shall be computed by the System on the basis of the actuarial
9assumptions and tables used in the most recent actuarial
10valuation of the System that is available at the time of the
11computation. The System may require the employer to provide any
12pertinent information or documentation.
13 Whenever it determines that a payment is or may be required
14under this subsection (f-1), the System shall calculate the
15amount of the payment and bill the employer for that amount.
16The bill shall specify the calculations used to determine the
17amount due. If the employer disputes the amount of the bill, it
18shall, within 30 days after receipt of the bill, apply to the
19System in writing for a recalculation. The application must
20specify in detail the grounds of the dispute and, if the
21employer asserts that subsection (f) of this Section applies,
22must include an affidavit setting forth and attesting to all
23facts within the employer's knowledge that are pertinent to the
24applicability of subsection (f). Upon receiving a timely
25application for recalculation, the System shall review the
26application and, if appropriate, recalculate the amount due.

HB3342 Enrolled- 743 -LRB100 08528 SMS 18653 b
1 The employer contributions required under this subsection
2(f-1) may be paid in the form of a lump sum within 90 days after
3receipt of the bill. If the employer contributions are not paid
4within 90 days after receipt of the bill, then interest shall
5be charged at a rate equal to the System's annual actuarially
6assumed rate of return on investment compounded annually from
7the 91st day after receipt of the bill. Payments must be
8concluded within 3 years after the employer's receipt of the
9bill.
10 (g) This subsection (g) applies only to payments made or
11salary increases given on or after June 1, 2005 but before July
121, 2011. The changes made by Public Act 94-1057 shall not
13require the System to refund any payments received before July
1431, 2006 (the effective date of Public Act 94-1057).
15 When assessing payment for any amount due under subsection
16(f), the System shall exclude salary increases paid to teachers
17under contracts or collective bargaining agreements entered
18into, amended, or renewed before June 1, 2005.
19 When assessing payment for any amount due under subsection
20(f), the System shall exclude salary increases paid to a
21teacher at a time when the teacher is 10 or more years from
22retirement eligibility under Section 16-132 or 16-133.2.
23 When assessing payment for any amount due under subsection
24(f), the System shall exclude salary increases resulting from
25overload work, including summer school, when the school
26district has certified to the System, and the System has

HB3342 Enrolled- 744 -LRB100 08528 SMS 18653 b
1approved the certification, that (i) the overload work is for
2the sole purpose of classroom instruction in excess of the
3standard number of classes for a full-time teacher in a school
4district during a school year and (ii) the salary increases are
5equal to or less than the rate of pay for classroom instruction
6computed on the teacher's current salary and work schedule.
7 When assessing payment for any amount due under subsection
8(f), the System shall exclude a salary increase resulting from
9a promotion (i) for which the employee is required to hold a
10certificate or supervisory endorsement issued by the State
11Teacher Certification Board that is a different certification
12or supervisory endorsement than is required for the teacher's
13previous position and (ii) to a position that has existed and
14been filled by a member for no less than one complete academic
15year and the salary increase from the promotion is an increase
16that results in an amount no greater than the lesser of the
17average salary paid for other similar positions in the district
18requiring the same certification or the amount stipulated in
19the collective bargaining agreement for a similar position
20requiring the same certification.
21 When assessing payment for any amount due under subsection
22(f), the System shall exclude any payment to the teacher from
23the State of Illinois or the State Board of Education over
24which the employer does not have discretion, notwithstanding
25that the payment is included in the computation of final
26average salary.

HB3342 Enrolled- 745 -LRB100 08528 SMS 18653 b
1 (h) When assessing payment for any amount due under
2subsection (f), the System shall exclude any salary increase
3described in subsection (g) of this Section given on or after
4July 1, 2011 but before July 1, 2014 under a contract or
5collective bargaining agreement entered into, amended, or
6renewed on or after June 1, 2005 but before July 1, 2011.
7Notwithstanding any other provision of this Section, any
8payments made or salary increases given after June 30, 2014
9shall be used in assessing payment for any amount due under
10subsection (f) of this Section.
11 (i) The System shall prepare a report and file copies of
12the report with the Governor and the General Assembly by
13January 1, 2007 that contains all of the following information:
14 (1) The number of recalculations required by the
15 changes made to this Section by Public Act 94-1057 for each
16 employer.
17 (2) The dollar amount by which each employer's
18 contribution to the System was changed due to
19 recalculations required by Public Act 94-1057.
20 (3) The total amount the System received from each
21 employer as a result of the changes made to this Section by
22 Public Act 94-4.
23 (4) The increase in the required State contribution
24 resulting from the changes made to this Section by Public
25 Act 94-1057.
26 (i-5) For school years beginning on or after July 1, 2017,

HB3342 Enrolled- 746 -LRB100 08528 SMS 18653 b
1if the amount of a participant's salary for any school year,
2determined on a full-time equivalent basis, exceeds the amount
3of the salary set for the Governor, the participant's employer
4shall pay to the System, in addition to all other payments
5required under this Section and in accordance with guidelines
6established by the System, an amount determined by the System
7to be equal to the employer normal cost, as established by the
8System and expressed as a total percentage of payroll,
9multiplied by the amount of salary in excess of the amount of
10the salary set for the Governor. This amount shall be computed
11by the System on the basis of the actuarial assumptions and
12tables used in the most recent actuarial valuation of the
13System that is available at the time of the computation. The
14System may require the employer to provide any pertinent
15information or documentation.
16 Whenever it determines that a payment is or may be required
17under this subsection, the System shall calculate the amount of
18the payment and bill the employer for that amount. The bill
19shall specify the calculations used to determine the amount
20due. If the employer disputes the amount of the bill, it may,
21within 30 days after receipt of the bill, apply to the System
22in writing for a recalculation. The application must specify in
23detail the grounds of the dispute. Upon receiving a timely
24application for recalculation, the System shall review the
25application and, if appropriate, recalculate the amount due.
26 The employer contributions required under this subsection

HB3342 Enrolled- 747 -LRB100 08528 SMS 18653 b
1may be paid in the form of a lump sum within 90 days after
2receipt of the bill. If the employer contributions are not paid
3within 90 days after receipt of the bill, then interest will be
4charged at a rate equal to the System's annual actuarially
5assumed rate of return on investment compounded annually from
6the 91st day after receipt of the bill. Payments must be
7concluded within 3 years after the employer's receipt of the
8bill.
9 (j) For purposes of determining the required State
10contribution to the System, the value of the System's assets
11shall be equal to the actuarial value of the System's assets,
12which shall be calculated as follows:
13 As of June 30, 2008, the actuarial value of the System's
14assets shall be equal to the market value of the assets as of
15that date. In determining the actuarial value of the System's
16assets for fiscal years after June 30, 2008, any actuarial
17gains or losses from investment return incurred in a fiscal
18year shall be recognized in equal annual amounts over the
195-year period following that fiscal year.
20 (k) For purposes of determining the required State
21contribution to the system for a particular year, the actuarial
22value of assets shall be assumed to earn a rate of return equal
23to the system's actuarially assumed rate of return.
24(Source: P.A. 100-23, eff. 7-6-17; 100-340, eff. 8-25-17;
25revised 9-25-17.)

HB3342 Enrolled- 748 -LRB100 08528 SMS 18653 b
1 (40 ILCS 5/16-190.5 new)
2 Sec. 16-190.5. Accelerated pension benefit payment in lieu
3of any pension benefit.
4 (a) As used in this Section:
5 "Eligible person" means a person who:
6 (1) has terminated service;
7 (2) has accrued sufficient service credit to be
8 eligible to receive a retirement annuity under this
9 Article;
10 (3) has not received any retirement annuity under this
11 Article; and
12 (4) has not made the election under Section 16-190.6.
13 "Pension benefit" means the benefits under this Article, or
14Article 1 as it relates to those benefits, including any
15anticipated annual increases, that an eligible person is
16entitled to upon attainment of the applicable retirement age.
17"Pension benefit" also includes applicable survivor's or
18disability benefits.
19 (b) As soon as practical after the effective date of this
20amendatory Act of the 100the General Assembly, the System shall
21calculate, using actuarial tables and other assumptions
22adopted by the Board, the present value of pension benefits for
23each eligible person who requests that information and shall
24offer each eligible person the opportunity to irrevocably elect
25to receive an amount determined by the System to be equal to
2660% of the present value of his or her pension benefits in lieu

HB3342 Enrolled- 749 -LRB100 08528 SMS 18653 b
1of receiving any pension benefit. The offer shall specify the
2dollar amount that the eligible person will receive if he or
3she so elects and shall expire when a subsequent offer is made
4to an eligible person. The System shall make a good faith
5effort to contact every eligible person to notify him or her of
6the election.
7 Until June 30, 2021, an eligible person may irrevocably
8elect to receive an accelerated pension benefit payment in the
9amount that the System offers under this subsection in lieu of
10receiving any pension benefit. A person who elects to receive
11an accelerated pension benefit payment under this Section may
12not elect to proceed under the Retirement Systems Reciprocal
13Act with respect to service under this Article.
14 (c) A person's creditable service under this Article shall
15be terminated upon the person's receipt of an accelerated
16pension benefit payment under this Section, and no other
17benefit shall be paid under this Article based on the
18terminated creditable service, including any retirement,
19survivor, or other benefit; except that to the extent that
20participation, benefits, or premiums under the State Employees
21Group Insurance Act of 1971 are based on the amount of service
22credit, the terminated service credit shall be used for that
23purpose.
24 (d) If a person who has received an accelerated pension
25benefit payment under this Section returns to active service
26under this Article, then:

HB3342 Enrolled- 750 -LRB100 08528 SMS 18653 b
1 (1) Any benefits under the System earned as a result of
2 that return to active service shall be based solely on the
3 person's creditable service arising from the return to
4 active service.
5 (2) The accelerated pension benefit payment may not be
6 repaid to the System, and the terminated creditable service
7 may not under any circumstances be reinstated.
8 (e) As a condition of receiving an accelerated pension
9benefit payment, the accelerated pension benefit payment must
10be transferred into a tax qualified retirement plan or account.
11The accelerated pension benefit payment under this Section may
12be subject to withholding or payment of applicable taxes, but
13to the extent permitted by federal law, a person who receives
14an accelerated pension benefit payment under this Section must
15direct the System to pay all of that payment as a rollover into
16another retirement plan or account qualified under the Internal
17Revenue Code of 1986, as amended.
18 (f) Upon receipt of a member's irrevocable election to
19receive an accelerated pension benefit payment under this
20Section, the System shall submit a voucher to the Comptroller
21for payment of the member's accelerated pension benefit
22payment. The Comptroller shall transfer the amount of the
23voucher from the State Pension Obligation Acceleration Bond
24Fund to the System, and the System shall transfer the amount
25into the member's eligible retirement plan or qualified
26account.

HB3342 Enrolled- 751 -LRB100 08528 SMS 18653 b
1 (g) The Board shall adopt any rules, including emergency
2rules, necessary to implement this Section.
3 (h) No provision of this amendatory Act of the 100th
4General Assembly shall be interpreted in a way that would cause
5the applicable System to cease to be a qualified plan under the
6Internal Revenue Code of 1986.
7 (40 ILCS 5/16-190.6 new)
8 Sec. 16-190.6. Accelerated pension benefit payment for a
9reduction in annual retirement annuity and survivor's annuity
10increases.
11 (a) As used in this Section:
12 "Accelerated pension benefit payment" means a lump sum
13payment equal to 70% of the difference of the present value of
14the automatic annual increases to a Tier 1 member's retirement
15annuity and survivor's annuity using the formula applicable to
16the Tier 1 member and the present value of the automatic annual
17increases to the Tier 1 member's retirement annuity using the
18formula provided under subsection (b-5) and the survivor's
19annuity using the formula provided under subsection (b-6).
20 "Eligible person" means a person who:
21 (1) is a Tier 1 member;
22 (2) has submitted an application for a retirement
23 annuity under this Article;
24 (3) meets the age and service requirements for
25 receiving a retirement annuity under this Article;

HB3342 Enrolled- 752 -LRB100 08528 SMS 18653 b
1 (4) has not received any retirement annuity under this
2 Article; and
3 (5) has not made the election under Section 16-190.5.
4 (b) As soon as practical after the effective date of this
5amendatory Act of the 100th General Assembly and until June 30,
62021, the System shall implement an accelerated pension benefit
7payment option for eligible persons. Upon the request of an
8eligible person, the System shall calculate, using actuarial
9tables and other assumptions adopted by the Board, an
10accelerated pension benefit payment amount and shall offer that
11eligible person the opportunity to irrevocably elect to have
12his or her automatic annual increases in retirement annuity
13calculated in accordance with the formula provided under
14subsection (b-5) and any increases in survivor's annuity
15payable to his or her survivor's annuity beneficiary calculated
16in accordance with the formula provided under subsection (b-6)
17in exchange for the accelerated pension benefit payment. The
18election under this subsection must be made before the eligible
19person receives the first payment of a retirement annuity
20otherwise payable under this Article.
21 (b-5) Notwithstanding any other provision of law, the
22retirement annuity of a person who made the election under
23subsection (b) shall be subject to annual increases on the
24January 1 occurring either on or after the attainment of age 67
25or the first anniversary of the annuity start date, whichever
26is later. Each annual increase shall be calculated at 1.5% of

HB3342 Enrolled- 753 -LRB100 08528 SMS 18653 b
1the originally granted retirement annuity.
2 (b-6) Notwithstanding any other provision of law, a
3survivor's annuity payable to a survivor's annuity beneficiary
4of a person who made the election under subsection (b) shall be
5subject to annual increases on the January 1 occurring on or
6after the first anniversary of the commencement of the annuity.
7Each annual increase shall be calculated at 1.5% of the
8originally granted survivor's annuity.
9 (c) If a person who has received an accelerated pension
10benefit payment returns to active service under this Article,
11then:
12 (1) the calculation of any future automatic annual
13 increase in retirement annuity shall be calculated in
14 accordance with the formula provided in subsection (b-5);
15 and
16 (2) the accelerated pension benefit payment may not be
17 repaid to the System.
18 (d) As a condition of receiving an accelerated pension
19benefit payment, the accelerated pension benefit payment must
20be transferred into a tax qualified retirement plan or account.
21The accelerated pension benefit payment under this Section may
22be subject to withholding or payment of applicable taxes, but
23to the extent permitted by federal law, a person who receives
24an accelerated pension benefit payment under this Section must
25direct the System to pay all of that payment as a rollover into
26another retirement plan or account qualified under the Internal

HB3342 Enrolled- 754 -LRB100 08528 SMS 18653 b
1Revenue Code of 1986, as amended.
2 (d-5) Upon receipt of a member's irrevocable election to
3receive an accelerated pension benefit payment under this
4Section, the System shall submit a voucher to the Comptroller
5for payment of the member's accelerated pension benefit
6payment. The Comptroller shall transfer the amount of the
7voucher from the State Pension Obligation Acceleration Bond
8Fund to the System, and the System shall transfer the amount
9into the member's eligible retirement plan or qualified
10account.
11 (e) The Board shall adopt any rules, including emergency
12rules, necessary to implement this Section.
13 (f) No provision of this Section shall be interpreted in a
14way that would cause the applicable System to cease to be a
15qualified plan under the Internal Revenue Code of 1986.
16 (40 ILCS 5/16-203)
17 Sec. 16-203. Application and expiration of new benefit
18increases.
19 (a) As used in this Section, "new benefit increase" means
20an increase in the amount of any benefit provided under this
21Article, or an expansion of the conditions of eligibility for
22any benefit under this Article, that results from an amendment
23to this Code that takes effect after June 1, 2005 (the
24effective date of Public Act 94-4). "New benefit increase",
25however, does not include any benefit increase resulting from

HB3342 Enrolled- 755 -LRB100 08528 SMS 18653 b
1the changes made to Article 1 or this Article by Public Act
295-910, Public Act 100-23, or this amendatory Act of the 100th
3General Assembly or this amendatory Act of the 100th General
4Assembly.
5 (b) Notwithstanding any other provision of this Code or any
6subsequent amendment to this Code, every new benefit increase
7is subject to this Section and shall be deemed to be granted
8only in conformance with and contingent upon compliance with
9the provisions of this Section.
10 (c) The Public Act enacting a new benefit increase must
11identify and provide for payment to the System of additional
12funding at least sufficient to fund the resulting annual
13increase in cost to the System as it accrues.
14 Every new benefit increase is contingent upon the General
15Assembly providing the additional funding required under this
16subsection. The Commission on Government Forecasting and
17Accountability shall analyze whether adequate additional
18funding has been provided for the new benefit increase and
19shall report its analysis to the Public Pension Division of the
20Department of Insurance. A new benefit increase created by a
21Public Act that does not include the additional funding
22required under this subsection is null and void. If the Public
23Pension Division determines that the additional funding
24provided for a new benefit increase under this subsection is or
25has become inadequate, it may so certify to the Governor and
26the State Comptroller and, in the absence of corrective action

HB3342 Enrolled- 756 -LRB100 08528 SMS 18653 b
1by the General Assembly, the new benefit increase shall expire
2at the end of the fiscal year in which the certification is
3made.
4 (d) Every new benefit increase shall expire 5 years after
5its effective date or on such earlier date as may be specified
6in the language enacting the new benefit increase or provided
7under subsection (c). This does not prevent the General
8Assembly from extending or re-creating a new benefit increase
9by law.
10 (e) Except as otherwise provided in the language creating
11the new benefit increase, a new benefit increase that expires
12under this Section continues to apply to persons who applied
13and qualified for the affected benefit while the new benefit
14increase was in effect and to the affected beneficiaries and
15alternate payees of such persons, but does not apply to any
16other person, including without limitation a person who
17continues in service after the expiration date and did not
18apply and qualify for the affected benefit while the new
19benefit increase was in effect.
20(Source: P.A. 100-23, eff. 7-6-17.)
21 (40 ILCS 5/14-103.40 rep.)
22 (40 ILCS 5/16-106.4 rep.)
23 Section 110-25. The Illinois Pension Code is amended by
24repealing Sections 14-103.40 and 16-106.4.

HB3342 Enrolled- 757 -LRB100 08528 SMS 18653 b
1 Section 110-30. The State Pension Funds Continuing
2Appropriation Act is amended by adding Section 1.9 as follows:
3 (40 ILCS 15/1.9 new)
4 Sec. 1.9. Appropriations for State Pension Obligation
5Acceleration Bonds. If for any reason the aggregate
6appropriations made available are insufficient to meet the
7levels required for the payment of principal and interest due
8on State Pension Obligation Acceleration Bonds under Section
97.7 of the General Obligation Bond Act, this Section shall
10constitute a continuing appropriation of all amounts necessary
11for those purposes.
12
ARTICLE 115. STATE TREASURER
13 Section 115-5. The State Treasurer Act is amended by
14changing Section 20 as follows:
15 (15 ILCS 505/20)
16 Sec. 20. State Treasurer administrative charge. The State
17Treasurer may retain an administrative charge for both the
18costs of services associated with the deposit of moneys that
19are remitted directly to the State Treasurer and the investment
20or safekeeping of funds by the State Treasurer. The
21administrative charges charge collected under this Section
22shall be deposited into the State Treasurer's Administrative

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1Fund. The amount of the administrative charges charge may be
2determined by the State Treasurer. Administrative charges from
3the deposit of moneys remitted directly to the State Treasurer
4and shall not exceed 2% of the amount deposited. Administrative
5charges from the investment or safekeeping of funds by the
6State Treasurer shall be charged no more than monthly and the
7total amount charged per fiscal year shall not exceed
8$12,000,000 plus any amounts required as employer
9contributions under Section 14-131 of the Illinois Pension Code
10and Section 10 of the State Employees Group Insurance Act of
111971.
12 Administrative charges for the deposit of moneys This
13Section shall apply to fines, fees, or other amounts remitted
14directly to the State Treasurer by circuit clerks, county
15clerks, and other entities for deposit into a fund in the State
16treasury. Administrative charges for the deposit of moneys do
17This Section does not apply to amounts remitted by State
18agencies or certified collection specialists as defined in 74
19Ill. Admin. Code 1200.50. Administrative charges for the
20deposit of moneys This Section shall apply only to any form of
21fines, fees, or other collections created on or after August
2215, 2014 (the effective date of Public Act 98-965) this
23amendatory Act of the 98th General Assembly.
24 Moneys in the State Treasurer's Administrative Fund are
25subject to appropriation by the General Assembly.
26(Source: P.A. 98-965, eff. 8-15-14.)

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1 Section 115-10. The State Treasurer's Bank Services Trust
2Fund Act is amended by changing Section 10 as follows:
3 (30 ILCS 212/10)
4 Sec. 10. Creation of Fund. There is hereby created in the
5State treasury a special fund to be known as the State
6Treasurer's Bank Services Trust Fund. Moneys deposited in the
7Fund shall be used by the State Treasurer to pay the cost of
8the following banking services: processing of payments of
9taxes, fees, and other moneys due the State; transactional,
10technological, consultant, and legal service charges, and
11other operational expenses of the State Treasurer's Office
12related to the investment or safekeeping of funds under the
13Treasurer's control; and the cost of paying bondholders and
14legal services under the State's general obligation bond
15program.
16(Source: P.A. 98-909, eff. 8-15-14.)
17
ARTICLE 120. NATURAL DISASTER CREDIT
18 Section 120-5. The Illinois Income Tax Act is amended by
19changing Section 226 as follows:
20 (35 ILCS 5/226)
21 Sec. 226. Natural disaster credit.

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1 (a) For taxable years that begin on or after January 1,
22017 and begin prior to January 1, 2019 2018, each taxpayer who
3owns qualified real property located in a county in Illinois
4that was declared a State disaster area by the Governor due to
5flooding in 2017 or 2018 is entitled to a credit against the
6taxes imposed by subsections (a) and (b) of Section 201 of this
7Act in an amount equal to the lesser of $750 or the deduction
8allowed (whether or not the taxpayer determines taxable income
9under subsection (b) of Section 63 of the Internal Revenue
10Code) with respect to the qualified property under Section 165
11of the Internal Revenue Code, determined without regard to the
12limitations imposed under subsection (h) of that Section. The
13township assessor or, if the township assessor is unable, the
14chief county assessment officer of the county in which the
15property is located, shall issue a certificate to the taxpayer
16identifying the taxpayer's property as damaged as a result of
17the natural disaster. The certificate shall include the name
18and address of the property owner, as well as the property
19index number or permanent index number (PIN) of the damaged
20property. The taxpayer shall attach a copy of such certificate
21to the taxpayer's return for the taxable year for which the
22credit is allowed.
23 (b) In no event shall a credit under this Section reduce a
24taxpayer's liability to less than zero. If the amount of credit
25exceeds the tax liability for the year, the excess may be
26carried forward and applied to the tax liability for the 5

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1taxable years following the excess credit year. The tax credit
2shall be applied to the earliest year for which there is a tax
3liability. If there are credits for more than one year that are
4available to offset liability, the earlier credit shall be
5applied first.
6 (c) If the taxpayer is a partnership or Subchapter S
7corporation, the credit shall be allowed to the partners or
8shareholders in accordance with the determination of income and
9distributive share of income under Sections 702 and 704 and
10Subchapter S of the Internal Revenue Code.
11 (d) A taxpayer is not entitled to the credit under this
12Section if the taxpayer receives a Natural Disaster Homestead
13Exemption under Section 15-173 of the Property Tax Code with
14respect to the qualified real property as a result of the
15natural disaster.
16 (e) The township assessor or, if the township assessor is
17unable to certify, the chief county assessment officer of the
18county in which the property is located, shall certify to the
19Department a listing of the properties located within the
20county that have been damaged as a result of the natural
21disaster (including the name and address of the property owner
22and the property index number or permanent index number (PIN)
23of each damage property).
24 (f) As used in this Section:
25 (1) "Qualified real property" means real property that
26 is: (i) the taxpayer's principal residence or owned by a

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1 small business; (ii) damaged during the taxable year as a
2 result of a disaster; and (iii) not used in a rental or
3 leasing business.
4 (2) "Small business" has the meaning given to that term
5 in Section 1-75 of the Illinois Administrative Procedure
6 Act.
7(Source: P.A. 100-555, eff. 11-16-17.)
8
ARTICLE 999. MISCELLANEOUS PROVISIONS
9 Section 999-90. The State Mandates Act is amended by adding
10Section 8.42 as follows:
11 (30 ILCS 805/8.42 new)
12 Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8
13of this Act, no reimbursement by the State is required for the
14implementation of any mandate created by this amendatory Act of
15the 100th General Assembly.
16 Section 999-95. No acceleration or delay. Where this Act
17makes changes in a statute that is represented in this Act by
18text that is not yet or no longer in effect (for example, a
19Section represented by multiple versions), the use of that text
20does not accelerate or delay the taking effect of (i) the
21changes made by this Act or (ii) provisions derived from any
22other Public Act.

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