Bill Text: IL SB1720 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Establishes the Second FY 2023 Budget Implementation Act. Creates the Warehouse Safety Standards Task Force Act to study warehouse safety standards. Amends the State Employees Group Insurance Act of 1971. Provides that universities that have employees who are totally compensated out of specific funds or sources are exempt from submitting certain contributions under the Act. Provides that the Department of Central Management Services may conduct a post-payment review of university reimbursements to assess or address any discrepancies. Provides that the Illinois Toll Highway Authority shall contribute, for a specified class of Authority employees, an amount determined by the Director of the Department of Central Management Services to represent the average employer's share of the cost of retiree coverage per participating employee in the State Employees Group Insurance Program. Amends the Children and Family Services Act. Requires the Department of Children and Family Services to seek federal reimbursements under Title IV-E of the Social Security Act for administrative costs associated with the provision of independent legal representation to foster children, and children who qualify for foster care, and their parents. Requires any federal reimbursements the Department receives for the purposes of the amendatory Act to be deposited into the Due Process for Youth and Families Fund. Provides that, subject to appropriation, moneys in the Fund shall be disbursed for fees and costs incurred by law practitioners and organizations that provide services as a child's lawyer or a respondent's lawyer as those terms are defined under the amendatory Act. Provides that units of local government and public and private agencies may apply for and receive federal or State funds from the Department in accordance with the purposes of the amendatory Act. Amends the State Finance Act. Creates the Due Process for Youth and Families Fund as a special fund in the State treasury. Provides that all receipts from federal financial participation in the Foster Care and Adoption Services program under Title IV-E of the federal Social Security Act, including receipts for related indirect costs, shall be deposited into the DCFS Children's Services Fund or the Due Process for Youth and Families Fund as provided in Section 45 of the Children and Family Services Act. Amends the State Finance Act. Creates the Hate Crimes and Bias Incident Prevention and Response Fund as a special fund in the State treasury. Specifies that moneys in the Hate Crimes and Bias Incident Prevention and Response Fund shall be used by the Department of Human Rights, in its capacity as administrator and fiscal agent for the Commission on Discrimination and Hate Crimes, for operational and administrative expenditures related to, as well as the award of grants that support the eradication of, hate crimes and bias incidents. Grants rulemaking powers to the Department. Amends the Illinois Administrative Procedure Act to authorize the Department to adopt emergency rules. Further amends the State Finance Act. Provides that the Department of Human Services shall make grants to Ronald McDonald House Charities from appropriations to the Department from the Ronald McDonald Charities Fund. Repeals a provision that provided for a transfer of funds from the Statewide 9-1-1 Fund to the Statewide 9-8-8 Trust Fund. Provides for transfers from the General Revenue Fund to the Budget stabilization Fund, the Large Business Attraction Fund, and the Disaster Response and Recovery Fund. Increases the cap on the Budget Stabilization Fund from 5% to 7.5% of total general funds estimated for the fiscal year. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Directs the Department of Commerce and Economic Opportunity to establish a program to award grants to local chambers of commerce. Amends the Illinois Lottery Law. Makes changes concerning the distribution of proceeds of lottery sales. Amends the Illinois Procurement Code. Provides that, if and only if House Bill 4285 of the 102nd General Assembly becomes law, then the small purchase limit in the Code is reduced from $250,000 to $100,000. Amends the Illinois Police Training Act. Authorizes the Illinois Law Enforcement Training Standards Board to make grants, subject to appropriation, to units of local government and public institutions of higher education for the purposes of hiring and retaining law enforcement officers. Amends the Liquor Control Act of 1934. Authorizes the Liquor Control Commission to expend sums for the purchase of evidence. Amends the Illinois Human Rights Act. Grants the Department of Human Rights the power to design grant programs and award grants to eligible recipients. Amends the State Officials and Employees Ethics Act. Provides that, for terms of office beginning on or after July 1, 2023, each Executive Inspector General shall receive, on July 1 of each year, beginning on July 1, 2024, an increase in salary based on a cost of living adjustment as authorized by Senate Joint Resolution 192 of the 86th General Assembly. Amends the Firearm Owners Identification Card Act. Provides that, beginning July 1, 2023, members of the Firearm Owner's Identification Card Review Board are to be compensated from appropriations provided to the Comptroller for that purpose. Amends the Civil Administrative Code of Illinois, the Electric Vehicle Act, the Illinois Lottery Law, the Military Code of Illinois, the State Fire Marshal Act, the Illinois Emergency Management Agency Act, the Environmental Protection Act, the Reimagine Public Safety Act, the Illinois Power Agency Act, and the Commission on Equity and Inclusion Act. Provides, in those Acts, salary adjustments and annual increases for various State officials whose terms of office begin on or after January 16, 2023. Further provides, in the Commission on Equity and Inclusion Act, that the Governor shall appoint an Executive Director for the Commission on Equity and Inclusion who may carry out certain delegated responsibilities and employ and determine the compensation of Commission staff. Amends the Salaries Act. Increases the salaries of executive branch officials. Amends the General Assembly Compensation Act. Increases the compensation of General Assembly members beginning in the 103rd General Assembly. Authorizes each chamber of the General Assembly to have additional officers under certain circumstances. Makes other changes. Effective immediately, except that some provisions take effect upon becoming law or on the date House Bill 4285 of the 102nd General Assembly takes effect, whichever is later, and some provisions take effect July 1, 2024.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2023-01-09 - Effective Date January 9, 2023; ; Some provisions effective on the date House Bill 4285 takes effect; some provisions effective 7-1-24. [SB1720 Detail]

Download: Illinois-2021-SB1720-Chaptered.html

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Public Act 102-1115
SB1720 Enrolled LRB102 15815 RJF 21183 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1
Section 1-1. Short title. This Act may be cited as the
Second FY 2023 Budget Implementation Act.
Section 1-5. Purpose. It is the purpose of this Act to make
additional changes in State programs that are necessary to
implement the State budget for Fiscal Year 2023 and subsequent
fiscal years.
ARTICLE 3
Section 3-1. Short title. This Article may be cited as the
Warehouse Safety Standards Task Force Act. As used in this
Article, "this Act" refers to this Article.
Section 3-5. The Warehouse Safety Standards Task Force.
(a) The Warehouse Safety Standards Task Force is created
to study warehouse safety standards. The Task Force shall
consist of the following members:
(1) 2 members of the House of Representatives,

appointed by the Speaker of the House of Representatives;
(2) 2 members of the House of Representatives,
appointed by the Minority Leader of the House of
Representatives;
(3) 2 members of the Senate, appointed by the
President of the Senate;
(4) 2 members of the Senate, appointed by the Minority
Leader of the Senate;
(5) one representative of an entity representing
retail merchants, appointed by the Governor;
(6) one representative of an entity representing
manufacturers, appointed by the Governor;
(7) one representative of an entity representing
mayors, appointed by the Governor;
(8) one representative of the State Chamber of
Commerce, appointed by the Governor;
(9) one representative of the American Federation of
Labor and Congress of Industrial Organizations, appointed
by the Governor;
(10) one representative of a labor union representing
warehouse workers, appointed by the Governor;
(11) one representative of a worker advocacy
organization representing warehouse workers, appointed by
the Governor; and
(12) the Director of Labor or his or her designee, who
shall serve as the ex officio chair.

(b) The members of the Task Force shall serve without
compensation.
(c) The Department of Labor shall provide administrative
support to the Task Force.
Section 3-10. Reports. The Task Force must provide
quarterly updates of its findings, discussions, and decisions
to the Governor and the General Assembly. The Task Force shall
submit a final report of its recommendations to the Governor
and the General Assembly no later than January 1, 2025.
Section 3-90. Repeal. The Task Force is dissolved and this
Act is repealed on January 1, 2026.
ARTICLE 5
Section 5-5. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.35 as follows:
(5 ILCS 100/5-45.35 new)
Sec. 5-45.35. Emergency rulemaking; Hate Crimes and Bias
Incident Prevention and Response Fund and Local Chambers of
Commerce Recovery Grants. To provide for the expeditious and
timely implementation of this amendatory Act of the 102nd
General Assembly, emergency rules implementing Section 6z-138
of the State Finance Act may be adopted in accordance with

Section 5-45 by the Department of Human Rights and emergency
rules implementing Section 605-1105 of the Department of
Commerce and Economic Opportunity Law of the Civil
Administrative Code of Illinois may be adopted in accordance
with Section 5-45 by the Department of Commerce and Economic
Opportunity. The adoption of emergency rules authorized by
Section 5-45 and this Section is deemed to be necessary for the
public interest, safety, and welfare.
This Section is repealed one year after the effective date
of this amendatory Act of the 102nd General Assembly.
Section 5-10. The State Employees Group Insurance Act of
1971 is amended by changing Section 11 as follows:
(5 ILCS 375/11) (from Ch. 127, par. 531)
Sec. 11. The amount of contribution in any fiscal year
from funds other than the General Revenue Fund or the Road Fund
shall be at the same contribution rate as the General Revenue
Fund or the Road Fund except that, in State Fiscal Year 2009,
no contributions shall be required from the FY09 Budget Relief
Fund. Contributions and payments for life insurance shall be
deposited in the Group Insurance Premium Fund. Contributions
and payments for health coverages and other benefits shall be
deposited in the Health Insurance Reserve Fund. Federal funds
which are available for cooperative extension purposes shall
also be charged for the contributions which are made for

retired employees formerly employed in the Cooperative
Extension Service. In the case of departments or any division
thereof receiving a fraction of its requirements for
administration from the Federal Government, the contributions
hereunder shall be such fraction of the amount determined
under the provisions hereof and the remainder shall be
contributed by the State.
Every department which has members paid from funds other
than the General Revenue Fund shall cooperate with the
Department of Central Management Services and the Governor's
Office of Management and Budget in order to assure that the
specified proportion of the State's cost for group life
insurance, the program of health benefits and other employee
benefits is paid by such funds; except that contributions
under this Act need not be paid from any other fund where both
the Director of Central Management Services and the Director
of the Governor's Office of Management and Budget have
designated in writing that the necessary contributions are
included in the General Revenue Fund contribution amount.
Universities having employees who are totally compensated
out of the following funds or sources are not required to
submit the contribution described in this Section for such
employees:
(1) income funds, as described in Sections 6a-1,
6a-1a, 6a-1b, 6a-1c, 6a-1d, 6a-1e, 6a-1f, 6a-1g, and 6d of
the State Finance Act, including tuition, laboratory, and

library fees and any interest earned on those fees Income
Funds;
(2) local auxiliary funds, as described in the
Legislative Audit Commission's University Guidelines, as
published on November 17, 2020, including the following:
(i) funds from auxiliary enterprises, which are
operations that support the overall objectives of the
university but are not directly related to
instruction, research, or service organizational
units;
(ii) funds from auxiliary activities, which are
functions that are self-supporting, in whole or in
part, and are directly related to instruction,
research, or service units; Local auxiliary funds; and
(3) the Agricultural Premium Fund as established by
Section 5.01 of the State Finance Act;
(4) appropriations from the General Revenue Fund,
Education Assistance Fund, or other State appropriations
that are made for the purposes of instruction, research,
public service, or economic development;
(5) funds to the University of Illinois Hospital for
health care professional services that are performed by
University of Illinois faculty or University of Illinois
health care programs established under the University of
Illinois Hospital Act; or
(6) funds designated for the Cooperative Extension

Service, as defined in Section 3 of the County Cooperative
Extension Law.
shall not be required to submit such contribution for such
employees.
If an employee of a university is partially compensated
from the funds or sources of funds identified in paragraphs
(1) through (6) above, universities shall be required to
submit a pro rata contribution for the portion of the
employee's compensation that is derived out of funds or
sources other than those identified in paragraphs (1) through
(6) above.
The Department of Central Management Services may conduct
a post-payment review of university reimbursements to assess
or address any discrepancies. Universities shall cooperate
with the Department of Central Management Services during any
post-payment review, that may require universities to provide
documentation to support payment calculations or funding
sources used for calculating reimbursements. The Department of
Central Management Services reserves the right to reconcile
any discrepancies in reimbursement subtotals or total
obligations and to notify universities of all final
reconciliations, which shall include the Department of Central
Management Services calculations and the amount of any credits
or obligations that may be due.
For each employee of the Illinois Toll Highway Authority
person covered under this Act whose eligibility for such

coverage is as an annuitant based upon the person's status as
the recipient of a benefit under the Illinois Pension Code,
which benefit is based in whole or in part upon service with
the Toll Highway Authority, the Authority shall annually
contribute an amount, as determined by the Director of the
Department of Central Management Services, that represents the
average employer's share of the cost of retiree coverage per
participating employee in the State Employees Group Insurance
Program a pro rata share of the State's cost for the benefits
of that person.
(Source: P.A. 102-1071, eff. 6-10-22.)
Section 5-12. The Children and Family Services Act is
amended by adding Section 45 as follows:
(20 ILCS 505/45 new)
Sec. 45. Title IV-E funds for legal services to foster
youth and families.
(a) Findings and purpose. The General Assembly finds the
following:
(1) Child welfare court proceedings are serious and
life changing. Children and youth are subject to court
decisions that may forever change their family
composition, as well as their connections to culture and
heritage.
(2) The gravity of child welfare proceedings and the

rights and liabilities at stake necessitate the provision
of quality legal representation for children and youth
throughout the duration of child welfare proceedings.
(3) Legal representation serves to protect and advance
the interests of children and youth in court and provides
confidential attorney-client privilege to ensure children
feel safe sharing with attorneys information that
otherwise may go unvoiced.
(4) As the agency responsible for administering the
State's approved Title IV-E State Plan, the Department of
Children and Family Services is the only State agency with
the authority to seek federal matching funds under Title
IV-E of the Social Security Act for children who are
candidates for foster care, children who are in foster
care, and parents who are participating in foster care
legal proceedings.
(5) It is the intent of the General Assembly to ensure
the Department leverages and maximizes federal resources
to support the provision of quality legal representation
to children and families to improve outcomes in the child
welfare system.
(b) Definitions. As used in this Section:
"Child's lawyer" means a lawyer who is appointed by the
court to serve as a child's lawyer in a proceeding pending
under Article II of the Juvenile Court Act of 1987 in
accordance with the duties prescribed by State statute, court

rules, standards of practice, and the Illinois Rules of
Professional Conduct, including, but not limited to,
diligence, communication, confidentiality, and the
responsibilities to zealously assert the client's position
under the rules of the adversary system and to abide by the
client's decisions concerning the objectives of
representation, as provided for in the Illinois Rules of
Professional Conduct.
"Respondent's lawyer" means a lawyer who provides legal
representation to a parent, guardian, legal custodian, or
responsible relative who is named as a party-respondent in a
proceeding pending under Article II of the Juvenile Court Act
of 1987 in accordance with the duties prescribed by State
statute, court rules, standards of practice, and the Illinois
Rules of Professional Conduct, including, but not limited to,
diligence, communication, confidentiality, and the
responsibilities to zealously assert the client's position
under the rules of the adversary system and to abide by the
client's decisions concerning the objectives of
representation, as provided for in the Illinois Rules of
Professional Conduct.
(c) The Department shall pursue claiming Title IV-E
administrative costs for independent legal representation by
an attorney for a child who is a candidate for Title IV-E
foster care, or who is in foster care, and the child's parent
to prepare for and participate in all stages of foster care

legal proceedings. Federal reimbursements for these
administrative costs must be deposited into the Due Process
for Youth and Families Fund created under subsection (d).
(d) The Due Process for Youth and Families Fund is created
as a special fund in the State treasury. The Fund shall consist
of any moneys appropriated to the Department from federal
Title IV-E reimbursements for administrative costs as
described in subsection (c) and any other moneys deposited
into the Fund in accordance with this Section. Subject to
appropriation, moneys in the Fund shall be disbursed for fees
and costs incurred by organizations or law practitioners that
provide services as a child's lawyer or respondent's lawyer as
those terms are defined in subsection (b) and for no other
purpose. All interest earned on moneys in the Fund shall be
deposited into the Fund. The Department and the State
Treasurer may accept funds as provided under Title IV-E of the
Social Security Act for deposit into the Fund. Annual requests
for appropriations for the purpose of providing independent
legal representation under this Section shall be made in
separate and distinct line-items.
(e) Units of local government and public and private
agencies may apply for and receive federal or State funds from
the Department in accordance with the purposes of this
Section.
Section 5-13. The Department of Commerce and Economic

Opportunity Law of the Civil Administrative Code of Illinois
is amended by adding Section 605-1105 as follows:
(20 ILCS 605/605-1105 new)
Sec. 605-1105. Local chambers of commerce recovery grants.
(a) Upon receipt or availability of the State or federal
funds described in subsection (b), and subject to
appropriation of those funds for the purposes described in
this Section, the Department of Commerce and Economic
Opportunity shall establish a program to award grants to local
chambers of commerce. The Department shall award an aggregate
amount of $5,000,000 in grants under this Section to eligible
chambers of commerce. Each eligible chamber of commerce that
applies to the Department for a grant under this Section shall
certify to the Department the difference between the chamber
of commerce's total annual revenue in calendar year 2019 and
the chamber of commerce's total annual revenue in calendar
year 2020. The maximum amount that may be awarded to any
eligible chamber of commerce during the first round of grants
is one-sixth of the certified amount. In determining grant
amounts awarded under this Act, the Department may consider
any awards that the chamber of commerce has received from the
Back to Business Grant Program or the Business Interruption
Grant Program. If the entire amount of moneys appropriated for
the purposes of this Section has not been allocated after a
first round of grants is made, the Department may award

additional funds to eligible chambers of commerce from the
remaining funds. Grants awarded under this Section shall not
be used to make any direct lobbying expenditure, as defined in
subsection (c) of Section 4911 of the Internal Revenue Code,
or to engage in any political campaign activity described in
Section 501(c)(3) of the Internal Revenue Code.
(b) The Department may use State funds and federal funds
that are allocated to the State under the authority of
legislation passed in response to the COVID-19 pandemic to
provide grants under this Section. Those federal funds
include, but are not limited to, funds allocated to the State
under the American Rescue Plan Act of 2021. Any federal moneys
used for this purpose shall be used in accordance with the
federal legislation authorizing the use of those funds and
related federal guidance as well as any other applicable State
and federal laws.
(c) The Department may adopt any rules necessary to
implement and administer the grant program created by this
Section. The emergency rulemaking process may be used to
promulgate the initial rules of the program following the
effective date of this amendatory Act of the 102nd General
Assembly.
(d) As used in this Section, "eligible chamber of
commerce" means a voluntary membership, dues-paying
organization of business and professional persons dedicated to
improving the economic climate and business development of the

community, area, or region in which the organization is
located and that:
(1) operates as an approved not-for-profit
corporation;
(2) is tax-exempt under Section 501(c)(3) or Section
501(c)(6) of the Internal Revenue Code of 1986;
(3) has an annual revenue of $1,000,000 or less; and
(4) has experienced an identifiable negative economic
impact resulting from or exacerbated by the public health
emergency or served a community disproportionately
impacted by a public health emergency.
Section 5-15. The Illinois Lottery Law is amended by
changing Section 9.1 as follows:
(20 ILCS 1605/9.1)
Sec. 9.1. Private manager and management agreement.
(a) As used in this Section:
"Offeror" means a person or group of persons that responds
to a request for qualifications under this Section.
"Request for qualifications" means all materials and
documents prepared by the Department to solicit the following
from offerors:
(1) Statements of qualifications.
(2) Proposals to enter into a management agreement,
including the identity of any prospective vendor or

vendors that the offeror intends to initially engage to
assist the offeror in performing its obligations under the
management agreement.
"Final offer" means the last proposal submitted by an
offeror in response to the request for qualifications,
including the identity of any prospective vendor or vendors
that the offeror intends to initially engage to assist the
offeror in performing its obligations under the management
agreement.
"Final offeror" means the offeror ultimately selected by
the Governor to be the private manager for the Lottery under
subsection (h) of this Section.
(b) By September 15, 2010, the Governor shall select a
private manager for the total management of the Lottery with
integrated functions, such as lottery game design, supply of
goods and services, and advertising and as specified in this
Section.
(c) Pursuant to the terms of this subsection, the
Department shall endeavor to expeditiously terminate the
existing contracts in support of the Lottery in effect on July
13, 2009 (the effective date of Public Act 96-37) in
connection with the selection of the private manager. As part
of its obligation to terminate these contracts and select the
private manager, the Department shall establish a mutually
agreeable timetable to transfer the functions of existing
contractors to the private manager so that existing Lottery

operations are not materially diminished or impaired during
the transition. To that end, the Department shall do the
following:
(1) where such contracts contain a provision
authorizing termination upon notice, the Department shall
provide notice of termination to occur upon the mutually
agreed timetable for transfer of functions;
(2) upon the expiration of any initial term or renewal
term of the current Lottery contracts, the Department
shall not renew such contract for a term extending beyond
the mutually agreed timetable for transfer of functions;
or
(3) in the event any current contract provides for
termination of that contract upon the implementation of a
contract with the private manager, the Department shall
perform all necessary actions to terminate the contract on
the date that coincides with the mutually agreed timetable
for transfer of functions.
If the contracts to support the current operation of the
Lottery in effect on July 13, 2009 (the effective date of
Public Act 96-34) are not subject to termination as provided
for in this subsection (c), then the Department may include a
provision in the contract with the private manager specifying
a mutually agreeable methodology for incorporation.
(c-5) The Department shall include provisions in the
management agreement whereby the private manager shall, for a

fee, and pursuant to a contract negotiated with the Department
(the "Employee Use Contract"), utilize the services of current
Department employees to assist in the administration and
operation of the Lottery. The Department shall be the employer
of all such bargaining unit employees assigned to perform such
work for the private manager, and such employees shall be
State employees, as defined by the Personnel Code. Department
employees shall operate under the same employment policies,
rules, regulations, and procedures, as other employees of the
Department. In addition, neither historical representation
rights under the Illinois Public Labor Relations Act, nor
existing collective bargaining agreements, shall be disturbed
by the management agreement with the private manager for the
management of the Lottery.
(d) The management agreement with the private manager
shall include all of the following:
(1) A term not to exceed 10 years, including any
renewals.
(2) A provision specifying that the Department:
(A) shall exercise actual control over all
significant business decisions;
(A-5) has the authority to direct or countermand
operating decisions by the private manager at any
time;
(B) has ready access at any time to information
regarding Lottery operations;

(C) has the right to demand and receive
information from the private manager concerning any
aspect of the Lottery operations at any time; and
(D) retains ownership of all trade names,
trademarks, and intellectual property associated with
the Lottery.
(3) A provision imposing an affirmative duty on the
private manager to provide the Department with material
information and with any information the private manager
reasonably believes the Department would want to know to
enable the Department to conduct the Lottery.
(4) A provision requiring the private manager to
provide the Department with advance notice of any
operating decision that bears significantly on the public
interest, including, but not limited to, decisions on the
kinds of games to be offered to the public and decisions
affecting the relative risk and reward of the games being
offered, so the Department has a reasonable opportunity to
evaluate and countermand that decision.
(5) A provision providing for compensation of the
private manager that may consist of, among other things, a
fee for services and a performance based bonus as
consideration for managing the Lottery, including terms
that may provide the private manager with an increase in
compensation if Lottery revenues grow by a specified
percentage in a given year.

(6) (Blank).
(7) A provision requiring the deposit of all Lottery
proceeds to be deposited into the State Lottery Fund
except as otherwise provided in Section 20 of this Act.
(8) A provision requiring the private manager to
locate its principal office within the State.
(8-5) A provision encouraging that at least 20% of the
cost of contracts entered into for goods and services by
the private manager in connection with its management of
the Lottery, other than contracts with sales agents or
technical advisors, be awarded to businesses that are a
minority-owned business, a women-owned business, or a
business owned by a person with disability, as those terms
are defined in the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act.
(9) A requirement that so long as the private manager
complies with all the conditions of the agreement under
the oversight of the Department, the private manager shall
have the following duties and obligations with respect to
the management of the Lottery:
(A) The right to use equipment and other assets
used in the operation of the Lottery.
(B) The rights and obligations under contracts
with retailers and vendors.
(C) The implementation of a comprehensive security
program by the private manager.

(D) The implementation of a comprehensive system
of internal audits.
(E) The implementation of a program by the private
manager to curb compulsive gambling by persons playing
the Lottery.
(F) A system for determining (i) the type of
Lottery games, (ii) the method of selecting winning
tickets, (iii) the manner of payment of prizes to
holders of winning tickets, (iv) the frequency of
drawings of winning tickets, (v) the method to be used
in selling tickets, (vi) a system for verifying the
validity of tickets claimed to be winning tickets,
(vii) the basis upon which retailer commissions are
established by the manager, and (viii) minimum
payouts.
(10) A requirement that advertising and promotion must
be consistent with Section 7.8a of this Act.
(11) A requirement that the private manager market the
Lottery to those residents who are new, infrequent, or
lapsed players of the Lottery, especially those who are
most likely to make regular purchases on the Internet as
permitted by law.
(12) A code of ethics for the private manager's
officers and employees.
(13) A requirement that the Department monitor and
oversee the private manager's practices and take action

that the Department considers appropriate to ensure that
the private manager is in compliance with the terms of the
management agreement, while allowing the manager, unless
specifically prohibited by law or the management
agreement, to negotiate and sign its own contracts with
vendors.
(14) A provision requiring the private manager to
periodically file, at least on an annual basis,
appropriate financial statements in a form and manner
acceptable to the Department.
(15) Cash reserves requirements.
(16) Procedural requirements for obtaining the prior
approval of the Department when a management agreement or
an interest in a management agreement is sold, assigned,
transferred, or pledged as collateral to secure financing.
(17) Grounds for the termination of the management
agreement by the Department or the private manager.
(18) Procedures for amendment of the agreement.
(19) A provision requiring the private manager to
engage in an open and competitive bidding process for any
procurement having a cost in excess of $50,000 that is not
a part of the private manager's final offer. The process
shall favor the selection of a vendor deemed to have
submitted a proposal that provides the Lottery with the
best overall value. The process shall not be subject to
the provisions of the Illinois Procurement Code, unless

specifically required by the management agreement.
(20) The transition of rights and obligations,
including any associated equipment or other assets used in
the operation of the Lottery, from the manager to any
successor manager of the lottery, including the
Department, following the termination of or foreclosure
upon the management agreement.
(21) Right of use of copyrights, trademarks, and
service marks held by the Department in the name of the
State. The agreement must provide that any use of them by
the manager shall only be for the purpose of fulfilling
its obligations under the management agreement during the
term of the agreement.
(22) The disclosure of any information requested by
the Department to enable it to comply with the reporting
requirements and information requests provided for under
subsection (p) of this Section.
(e) Notwithstanding any other law to the contrary, the
Department shall select a private manager through a
competitive request for qualifications process consistent with
Section 20-35 of the Illinois Procurement Code, which shall
take into account:
(1) the offeror's ability to market the Lottery to
those residents who are new, infrequent, or lapsed players
of the Lottery, especially those who are most likely to
make regular purchases on the Internet;

(2) the offeror's ability to address the State's
concern with the social effects of gambling on those who
can least afford to do so;
(3) the offeror's ability to provide the most
successful management of the Lottery for the benefit of
the people of the State based on current and past business
practices or plans of the offeror; and
(4) the offeror's poor or inadequate past performance
in servicing, equipping, operating or managing a lottery
on behalf of Illinois, another State or foreign government
and attracting persons who are not currently regular
players of a lottery.
(f) The Department may retain the services of an advisor
or advisors with significant experience in financial services
or the management, operation, and procurement of goods,
services, and equipment for a government-run lottery to assist
in the preparation of the terms of the request for
qualifications and selection of the private manager. Any
prospective advisor seeking to provide services under this
subsection (f) shall disclose any material business or
financial relationship during the past 3 years with any
potential offeror, or with a contractor or subcontractor
presently providing goods, services, or equipment to the
Department to support the Lottery. The Department shall
evaluate the material business or financial relationship of
each prospective advisor. The Department shall not select any

prospective advisor with a substantial business or financial
relationship that the Department deems to impair the
objectivity of the services to be provided by the prospective
advisor. During the course of the advisor's engagement by the
Department, and for a period of one year thereafter, the
advisor shall not enter into any business or financial
relationship with any offeror or any vendor identified to
assist an offeror in performing its obligations under the
management agreement. Any advisor retained by the Department
shall be disqualified from being an offeror. The Department
shall not include terms in the request for qualifications that
provide a material advantage whether directly or indirectly to
any potential offeror, or any contractor or subcontractor
presently providing goods, services, or equipment to the
Department to support the Lottery, including terms contained
in previous responses to requests for proposals or
qualifications submitted to Illinois, another State or foreign
government when those terms are uniquely associated with a
particular potential offeror, contractor, or subcontractor.
The request for proposals offered by the Department on
December 22, 2008 as "LOT08GAMESYS" and reference number
"22016176" is declared void.
(g) The Department shall select at least 2 offerors as
finalists to potentially serve as the private manager no later
than August 9, 2010. Upon making preliminary selections, the
Department shall schedule a public hearing on the finalists'

proposals and provide public notice of the hearing at least 7
calendar days before the hearing. The notice must include all
of the following:
(1) The date, time, and place of the hearing.
(2) The subject matter of the hearing.
(3) A brief description of the management agreement to
be awarded.
(4) The identity of the offerors that have been
selected as finalists to serve as the private manager.
(5) The address and telephone number of the
Department.
(h) At the public hearing, the Department shall (i)
provide sufficient time for each finalist to present and
explain its proposal to the Department and the Governor or the
Governor's designee, including an opportunity to respond to
questions posed by the Department, Governor, or designee and
(ii) allow the public and non-selected offerors to comment on
the presentations. The Governor or a designee shall attend the
public hearing. After the public hearing, the Department shall
have 14 calendar days to recommend to the Governor whether a
management agreement should be entered into with a particular
finalist. After reviewing the Department's recommendation, the
Governor may accept or reject the Department's recommendation,
and shall select a final offeror as the private manager by
publication of a notice in the Illinois Procurement Bulletin
on or before September 15, 2010. The Governor shall include in

the notice a detailed explanation and the reasons why the
final offeror is superior to other offerors and will provide
management services in a manner that best achieves the
objectives of this Section. The Governor shall also sign the
management agreement with the private manager.
(i) Any action to contest the private manager selected by
the Governor under this Section must be brought within 7
calendar days after the publication of the notice of the
designation of the private manager as provided in subsection
(h) of this Section.
(j) The Lottery shall remain, for so long as a private
manager manages the Lottery in accordance with provisions of
this Act, a Lottery conducted by the State, and the State shall
not be authorized to sell or transfer the Lottery to a third
party.
(k) Any tangible personal property used exclusively in
connection with the lottery that is owned by the Department
and leased to the private manager shall be owned by the
Department in the name of the State and shall be considered to
be public property devoted to an essential public and
governmental function.
(l) The Department may exercise any of its powers under
this Section or any other law as necessary or desirable for the
execution of the Department's powers under this Section.
(m) Neither this Section nor any management agreement
entered into under this Section prohibits the General Assembly

from authorizing forms of gambling that are not in direct
competition with the Lottery. The forms of gambling authorized
by Public Act 101-31 constitute authorized forms of gambling
that are not in direct competition with the Lottery.
(n) The private manager shall be subject to a complete
investigation in the third, seventh, and tenth years of the
agreement (if the agreement is for a 10-year term) by the
Department in cooperation with the Auditor General to
determine whether the private manager has complied with this
Section and the management agreement. The private manager
shall bear the cost of an investigation or reinvestigation of
the private manager under this subsection.
(o) The powers conferred by this Section are in addition
and supplemental to the powers conferred by any other law. If
any other law or rule is inconsistent with this Section,
including, but not limited to, provisions of the Illinois
Procurement Code, then this Section controls as to any
management agreement entered into under this Section. This
Section and any rules adopted under this Section contain full
and complete authority for a management agreement between the
Department and a private manager. No law, procedure,
proceeding, publication, notice, consent, approval, order, or
act by the Department or any other officer, Department,
agency, or instrumentality of the State or any political
subdivision is required for the Department to enter into a
management agreement under this Section. This Section contains

full and complete authority for the Department to approve any
contracts entered into by a private manager with a vendor
providing goods, services, or both goods and services to the
private manager under the terms of the management agreement,
including subcontractors of such vendors.
Upon receipt of a written request from the Chief
Procurement Officer, the Department shall provide to the Chief
Procurement Officer a complete and un-redacted copy of the
management agreement or any contract that is subject to the
Department's approval authority under this subsection (o). The
Department shall provide a copy of the agreement or contract
to the Chief Procurement Officer in the time specified by the
Chief Procurement Officer in his or her written request, but
no later than 5 business days after the request is received by
the Department. The Chief Procurement Officer must retain any
portions of the management agreement or of any contract
designated by the Department as confidential, proprietary, or
trade secret information in complete confidence pursuant to
subsection (g) of Section 7 of the Freedom of Information Act.
The Department shall also provide the Chief Procurement
Officer with reasonable advance written notice of any contract
that is pending Department approval.
Notwithstanding any other provision of this Section to the
contrary, the Chief Procurement Officer shall adopt
administrative rules, including emergency rules, to establish
a procurement process to select a successor private manager if

a private management agreement has been terminated. The
selection process shall at a minimum take into account the
criteria set forth in items (1) through (4) of subsection (e)
of this Section and may include provisions consistent with
subsections (f), (g), (h), and (i) of this Section. The Chief
Procurement Officer shall also implement and administer the
adopted selection process upon the termination of a private
management agreement. The Department, after the Chief
Procurement Officer certifies that the procurement process has
been followed in accordance with the rules adopted under this
subsection (o), shall select a final offeror as the private
manager and sign the management agreement with the private
manager.
Through June 30, 2022, except as provided in Sections
21.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12, and 21.13
of this Act and Section 25-70 of the Sports Wagering Act, the
Department shall distribute all proceeds of lottery tickets
and shares sold in the following priority and manner:
(1) The payment of prizes and retailer bonuses.
(2) The payment of costs incurred in the operation and
administration of the Lottery, including the payment of
sums due to the private manager under the management
agreement with the Department.
(3) On the last day of each month or as soon thereafter
as possible, the State Comptroller shall direct and the
State Treasurer shall transfer from the State Lottery Fund

to the Common School Fund an amount that is equal to the
proceeds transferred in the corresponding month of fiscal
year 2009, as adjusted for inflation, to the Common School
Fund.
(4) On or before September 30 of each fiscal year,
deposit any estimated remaining proceeds from the prior
fiscal year, subject to payments under items (1), (2), and
(3), into the Capital Projects Fund. Beginning in fiscal
year 2019, the amount deposited shall be increased or
decreased each year by the amount the estimated payment
differs from the amount determined from each year-end
financial audit. Only remaining net deficits from prior
fiscal years may reduce the requirement to deposit these
funds, as determined by the annual financial audit.
Beginning July 1, 2022, the Department shall distribute
all proceeds of lottery tickets and shares sold in the manner
and priority described in Section 9.3 of this Act, except that
the Department shall make the deposit into the Capital
Projects Fund that would have occurred under item (4) of this
subsection (o) on or before September 30, 2022, but for the
changes made to this subsection by Public Act 102-699.
(p) The Department shall be subject to the following
reporting and information request requirements:
(1) the Department shall submit written quarterly
reports to the Governor and the General Assembly on the
activities and actions of the private manager selected

under this Section;
(2) upon request of the Chief Procurement Officer, the
Department shall promptly produce information related to
the procurement activities of the Department and the
private manager requested by the Chief Procurement
Officer; the Chief Procurement Officer must retain
confidential, proprietary, or trade secret information
designated by the Department in complete confidence
pursuant to subsection (g) of Section 7 of the Freedom of
Information Act; and
(3) at least 30 days prior to the beginning of the
Department's fiscal year, the Department shall prepare an
annual written report on the activities of the private
manager selected under this Section and deliver that
report to the Governor and General Assembly.
(Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19;
101-561, eff. 8-23-19; 102-558, eff. 8-20-21; 102-699, eff.
4-19-22.)
Section 5-20. The State Finance Act is amended by changing
Section 6z-130, as added by Public Act 102-699, and Sections
6z-114, 8g-1, and 8.27 and by adding Sections 5.990, 5.991,
and 6z-138 as follows:
(30 ILCS 105/5.990 new)
Sec. 5.990. The Hate Crimes and Bias Incident Prevention

and Response Fund.
(30 ILCS 105/5.991 new)
Sec. 5.991. The Due Process for Youth and Families Fund.
(30 ILCS 105/6z-114)
Sec. 6z-114. The Ronald McDonald House Charities Fund;
creation. The Ronald McDonald House Charities Fund is created
as a special fund in the State treasury. From appropriations
to the Department of Human Services from the Fund, the
Department shall Subject to appropriation, moneys in the Fund
shall be used to make grants to Ronald McDonald House
Charities for services in Illinois.
(Source: P.A. 102-73, eff. 7-9-21.)
(30 ILCS 105/6z-134)
Sec. 6z-134 6z-130. Statewide 9-8-8 Trust Fund.
(a) The Statewide 9-8-8 Trust Fund is created as a special
fund in the State treasury. Moneys in the Fund shall be used by
the Department of Human Services for the purposes of
establishing and maintaining a statewide 9-8-8 suicide
prevention and mental health crisis system pursuant to the
National Suicide Hotline Designation Act of 2020, the Federal
Communication Commission's rules adopted on July 16, 2020, and
national guidelines for crisis care. The Fund shall consist
of:

(1) appropriations by the General Assembly;
(2) grants and gifts intended for deposit in the Fund;
(3) interest, premiums, gains, or other earnings on
the Fund;
(4) moneys received from any other source that are
deposited in or transferred into the Fund.
(b) Moneys in the Fund:
(1) do not revert at the end of any State fiscal year
but remain available for the purposes of the Fund in
subsequent State fiscal years; and
(2) are not subject to transfer to any other Fund or to
transfer, assignment, or reassignment for any other use or
purpose outside of those specified in this Section.
(c) An annual report of Fund deposits and expenditures
shall be made to the General Assembly and the Federal
Communications Commission.
(d) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2022, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the
Statewide 9-1-1 Fund to the Statewide 9-8-8 Trust Fund.
(Source: P.A. 102-699, eff. 4-19-22; revised 8-1-22.)
(30 ILCS 105/6z-138 new)
Sec. 6z-138. Hate Crimes and Bias Incident Prevention and
Response Fund.

(a) The Hate Crimes and Bias Incident Prevention and
Response Fund is created as a special fund in the State
treasury. The Fund may accept moneys from any lawful source.
Any interest earned on moneys in the Fund shall be deposited
into the Fund.
(b) Subject to appropriation, moneys in the Hate Crimes
and Bias Incident Prevention and Response Fund shall be used
by the Department of Human Rights, in its capacity as
administrator and fiscal agent for the Commission on
Discrimination and Hate Crimes, for operational and
administrative expenditures related to, as well as the award
of grants that support the eradication of, hate crimes and
bias incidents.
(c) The Department of Human Rights shall adopt rules
establishing requirements for the distribution of grant moneys
and the determination of which persons or entities are
eligible for grants and may adopt any other rules necessary to
implement this Section and administer the Fund.
(30 ILCS 105/8.27) (from Ch. 127, par. 144.27)
Sec. 8.27. All receipts from federal financial
participation in the Foster Care and Adoption Services program
under Title IV-E of the federal Social Security Act, including
receipts for related indirect costs, shall be deposited into
in the DCFS Children's Services Fund or the Due Process for
Youth and Families Fund as provided in Section 45 of the

Children and Family Services Act.
Beginning on July 20, 2010 (the effective date of Public
Act 96-1127), any funds paid to the State by the federal
government under Title XIX and Title XXI of the Social
Security Act for child welfare services delivered by community
mental health providers, certified and paid as Medicaid
providers by the Department of Children and Family Services,
for child welfare services relating to Medicaid-eligible
clients and families served consistent with the purposes of
the Department of Children and Family Services, including
services delivered as a result of the conversion of such
providers from a comprehensive rate to a fee-for-service
payment methodology, and any subsequent revenue maximization
initiatives performed by such providers, and any interest
earned thereon, shall be deposited directly into the DCFS
Children's Services Fund. Such funds shall be used for the
provision of child welfare services provided to eligible
individuals identified by the Department of Children and
Family Services. Child welfare services are defined in Section
5 of the Children and Family Services Act.
All receipts from federal financial participation in the
Child Welfare Services program under Title IV-B of the federal
Social Security Act, including receipts for related indirect
costs, shall be deposited into the DCFS Children's Services
Fund for those moneys received as reimbursement for services
provided on or after July 1, 1994.

For services provided on or after July 1, 2007, all
federal funds received pursuant to the John H. Chafee Foster
Care Independence Program shall be deposited into the DCFS
Children's Services Fund.
Except as otherwise provided in this Section, moneys in
the Fund may be used by the Department, pursuant to
appropriation by the General Assembly, for the ordinary and
contingent expenses of the Department.
In accordance with subsection (q) of Section 5 of the
Children and Family Services Act, disbursements from
individual children's accounts shall be deposited into the
DCFS Children's Services Fund.
Receipts from public and unsolicited private grants, fees
for training, and royalties earned from the publication of
materials owned by or licensed to the Department of Children
and Family Services shall be deposited into the DCFS
Children's Services Fund.
(Source: P.A. 102-1071, eff. 6-10-22.)
(30 ILCS 105/8g-1)
Sec. 8g-1. Fund transfers.
(a) (Blank).
(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) (Blank).

(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) (Blank).
(l) (Blank).
(m) (Blank).
(n) (Blank).
(o) (Blank).
(p) (Blank).
(q) (Blank).
(r) (Blank).
(s) (Blank).
(t) (Blank).
(u) In addition to any other transfers that may be
provided for by law, on July 1, 2021, or as soon thereafter as
practical, only as directed by the Director of the Governor's
Office of Management and Budget, the State Comptroller shall
direct and the State Treasurer shall transfer the sum of
$5,000,000 from the General Revenue Fund to the DoIT Special
Projects Fund, and on June 1, 2022, or as soon thereafter as
practical, but no later than June 30, 2022, the State
Comptroller shall direct and the State Treasurer shall
transfer the sum so transferred from the DoIT Special Projects
Fund to the General Revenue Fund.

(v) In addition to any other transfers that may be
provided for by law, on July 1, 2021, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $500,000 from the General
Revenue Fund to the Governor's Administrative Fund.
(w) In addition to any other transfers that may be
provided for by law, on July 1, 2021, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $500,000 from the General
Revenue Fund to the Grant Accountability and Transparency
Fund.
(x) In addition to any other transfers that may be
provided for by law, at a time or times during Fiscal Year 2022
as directed by the Governor, the State Comptroller shall
direct and the State Treasurer shall transfer up to a total of
$20,000,000 from the General Revenue Fund to the Illinois
Sports Facilities Fund to be credited to the Advance Account
within the Fund.
(y) In addition to any other transfers that may be
provided for by law, on June 15, 2021, or as soon thereafter as
practical, but no later than June 30, 2021, the State
Comptroller shall direct and the State Treasurer shall
transfer the sum of $100,000,000 from the General Revenue Fund
to the Technology Management Revolving Fund.
(z) In addition to any other transfers that may be
provided for by law, on April 19, 2022 (the effective date of

Public Act 102-699) this amendatory Act of the 102nd General
Assembly, or as soon thereafter as practical, but no later
than June 30, 2022, the State Comptroller shall direct and the
State Treasurer shall transfer the sum of $148,000,000 from
the General Revenue Fund to the Build Illinois Bond Fund.
(aa) In addition to any other transfers that may be
provided for by law, on April 19, 2022 (the effective date of
Public Act 102-699) this amendatory Act of the 102nd General
Assembly, or as soon thereafter as practical, but no later
than June 30, 2022, the State Comptroller shall direct and the
State Treasurer shall transfer the sum of $180,000,000 from
the General Revenue Fund to the Rebuild Illinois Projects
Fund.
(bb) In addition to any other transfers that may be
provided for by law, on July 1, 2022, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $500,000 from the General
Revenue Fund to the Governor's Administrative Fund.
(cc) In addition to any other transfers that may be
provided for by law, on July 1, 2022, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $500,000 from the General
Revenue Fund to the Grant Accountability and Transparency
Fund.
(dd) (z) In addition to any other transfers that may be
provided by law, on April 19, 2022 (the effective date of

Public Act 102-700) this amendatory Act of the 102nd General
Assembly, or as soon thereafter as practical, but no later
than June 30, 2022, the State Comptroller shall direct and the
State Treasurer shall transfer the sum of $685,000,000 from
the General Revenue Fund to the Income Tax Refund Fund. Moneys
from this transfer shall be used for the purpose of making the
one-time rebate payments provided under Section 212.1 of the
Illinois Income Tax Act.
(ee) (aa) In addition to any other transfers that may be
provided by law, beginning on April 19, 2022 (the effective
date of Public Act 102-700) this amendatory Act of the 102nd
General Assembly and until December 31, 2023, at the direction
of the Department of Revenue, the State Comptroller shall
direct and the State Treasurer shall transfer from the General
Revenue Fund to the Income Tax Refund Fund any amounts needed
beyond the amounts transferred in subsection (dd) (z) to make
payments of the one-time rebate payments provided under
Section 212.1 of the Illinois Income Tax Act.
(ff) (z) In addition to any other transfers that may be
provided for by law, on April 19, 2022 (the effective date of
Public Act 102-700) this amendatory Act of the 102nd General
Assembly, or as soon thereafter as practical, but no later
than June 30, 2022, the State Comptroller shall direct and the
State Treasurer shall transfer the sum of $720,000,000 from
the General Revenue Fund to the Budget Stabilization Fund.
(gg) (aa) In addition to any other transfers that may be

provided for by law, on July 1, 2022, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $280,000,000 from the
General Revenue Fund to the Budget Stabilization Fund.
(hh) (bb) In addition to any other transfers that may be
provided for by law, on July 1, 2022, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $200,000,000 from the
General Revenue Fund to the Pension Stabilization Fund.
(ii) In addition to any other transfers that may be
provided for by law, on January 1, 2023, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $850,000,000 from the
General Revenue Fund to the Budget Stabilization Fund.
(jj) In addition to any other transfers that may be
provided for by law, at a time or times during Fiscal Year 2023
as directed by the Governor, the State Comptroller shall
direct and the State Treasurer shall transfer up to a total of
$400,000,000 from the General Revenue Fund to the Large
Business Attraction Fund.
(kk) In addition to any other transfers that may be
provided for by law, on January 1, 2023, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $72,000,000 from the
General Revenue Fund to the Disaster Response and Recovery
Fund.

(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 102-700, Article
40, Section 40-5, eff. 4-19-22; 102-700, Article 80, Section
80-5, eff. 4-19-22; revised 6-23-22.)
Section 5-25. The Budget Stabilization Act is amended by
changing Section 15 as follows:
(30 ILCS 122/15)
Sec. 15. Transfers to Budget Stabilization Fund. In
furtherance of the State's objective for the Budget
Stabilization Fund to have resources representing 7.5% 5% of
the State's annual general funds revenues:
(a) For each fiscal year when the General Assembly's
appropriations and transfers or diversions as required by law
from general funds do not exceed 99% of the estimated general
funds revenues pursuant to subsection (a) of Section 10, the
Comptroller shall transfer from the General Revenue Fund as
provided by this Section a total amount equal to 0.5% of the
estimated general funds revenues to the Budget Stabilization
Fund.
(b) For each fiscal year when the General Assembly's
appropriations and transfers or diversions as required by law
from general funds do not exceed 98% of the estimated general
funds revenues pursuant to subsection (b) of Section 10, the
Comptroller shall transfer from the General Revenue Fund as

provided by this Section a total amount equal to 1% of the
estimated general funds revenues to the Budget Stabilization
Fund.
(c) The Comptroller shall transfer 1/12 of the total
amount to be transferred each fiscal year under this Section
into the Budget Stabilization Fund on the first day of each
month of that fiscal year or as soon thereafter as possible.
The balance of the Budget Stabilization Fund shall not exceed
7.5% 5% of the total of general funds revenues estimated for
that fiscal year except as provided by subsection (d) of this
Section.
(d) If the balance of the Budget Stabilization Fund
exceeds 7.5% 5% of the total general funds revenues estimated
for that fiscal year, the additional transfers are not
required unless there are outstanding liabilities under
Section 25 of the State Finance Act from prior fiscal years. If
there are such outstanding Section 25 liabilities, then the
Comptroller shall continue to transfer 1/12 of the total
amount identified for transfer to the Budget Stabilization
Fund on the first day of each month of that fiscal year or as
soon thereafter as possible to be reserved for those Section
25 liabilities. Nothing in this Act prohibits the General
Assembly from appropriating additional moneys into the Budget
Stabilization Fund.
(e) On or before August 31 of each fiscal year, the amount
determined to be transferred to the Budget Stabilization Fund

shall be reconciled to actual general funds revenues for that
fiscal year. The final transfer for each fiscal year shall be
adjusted so that the total amount transferred under this
Section is equal to the percentage specified in subsection (a)
or (b) of this Section, as applicable, based on actual general
funds revenues calculated consistently with subsection (c) of
Section 10 of this Act for each fiscal year.
(f) For the fiscal year beginning July 1, 2006 and for each
fiscal year thereafter, the budget proposal to the General
Assembly shall identify liabilities incurred in a prior fiscal
year under Section 25 of the State Finance Act and the budget
proposal shall provide funding as allowable pursuant to
subsection (d) of this Section, if applicable.
(Source: P.A. 93-660, eff. 7-1-04; 94-839, eff. 6-6-06.)
Section 5-27. If and only if House Bill 4285 of the 102nd
General Assembly becomes law as amended by Senate Amendment
No. 2, the Illinois Procurement Code is amended by changing
Section 20-20 as follows:
(30 ILCS 500/20-20)
(Text of Section before amendment by P.A. 102-721)
Sec. 20-20. Small purchases.
(a) Amount. Any individual procurement of supplies or
services not exceeding $100,000 and any procurement of
construction not exceeding $100,000, or any individual

procurement of professional or artistic services not exceeding
$100,000 may be made without competitive source selection.
Procurements shall not be artificially divided so as to
constitute a small purchase under this Section. Any
procurement of construction not exceeding $100,000 may be made
by an alternative competitive source selection. The
construction agency shall establish rules for an alternative
competitive source selection process. This Section does not
apply to construction-related professional services contracts
awarded in accordance with the provisions of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.
(b) Adjustment. Each July 1, the small purchase maximum
established in subsection (a) shall be adjusted for inflation
as determined by the Consumer Price Index for All Urban
Consumers as determined by the United States Department of
Labor and rounded to the nearest $100.
(c) Based upon rules proposed by the Board and rules
promulgated by the chief procurement officers, the small
purchase maximum established in subsection (a) may be
modified.
(Source: P.A. 100-43, eff. 8-9-17.)
(Text of Section after amendment by P.A. 102-721)
Sec. 20-20. Small purchases.
(a) Amount. Any individual procurement of supplies or

services not exceeding $100,000 and any procurement of
construction not exceeding $100,000 $250,000, or any
individual procurement of professional or artistic services
not exceeding $100,000 may be made without competitive source
selection. Procurements shall not be artificially divided so
as to constitute a small purchase under this Section. Any
procurement of construction not exceeding $100,000 $250,000
may be made by an alternative competitive source selection.
The construction agency shall establish rules for an
alternative competitive source selection process. This Section
does not apply to construction-related professional services
contracts awarded in accordance with the provisions of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.
(b) Adjustment. Each July 1, the small purchase maximum
established in subsection (a) shall be adjusted for inflation
as determined by the Consumer Price Index for All Urban
Consumers as determined by the United States Department of
Labor and rounded to the nearest $100.
(c) Based upon rules proposed by the Board and rules
promulgated by the chief procurement officers, the small
purchase maximum established in subsection (a) may be
modified.
(d) Certification. All small purchases with an annual
value that exceeds $50,000 shall be accompanied by Standard
Illinois Certifications in a form prescribed by each Chief

Procurement Officer.
(Source: P.A. 102-721, eff. 1-1-23; 10200HB4285sam002.)
Section 5-28. The Build Illinois Act is amended by
changing Section 10-6 as follows:
(30 ILCS 750/10-6) (from Ch. 127, par. 2710-6)
Sec. 10-6. Large Business Attraction Fund.
(a) There is created the Large Business Attraction Fund to
be held as part of the State Treasury. The Department is
authorized to make loans from the Fund for the purposes
established under this Article. The State Treasurer shall have
custody of the Fund and may invest in securities constituting
direct obligations of the United States Government, in
obligations the principal of and interest on which are
guaranteed by the United States Government, or in certificates
of deposit of any State or national bank that are fully secured
by obligations guaranteed as to principal and interest by the
United States Government. The purpose of the Fund is to offer
loans to finance large firms considering the location of a
proposed plant in the State and to provide financing to carry
out the purposes and provisions of paragraph (h) of Section
10-3. Financing shall be in the form of a loan, mortgage, or
other debt instrument. All loans shall be conditioned on the
project receiving financing from participating lenders or
other sources. Loan proceeds shall be available for project

costs associated with an expansion of business capacity and
employment, except for debt refinancing. Targeted companies
for the program shall primarily consist of established
industrial and service companies with proven records of
earnings that will sell their product to markets beyond
Illinois and have proven multistate location options. New
ventures shall be considered only if the entity is protected
with adequate security with regard to its financing and
operation. The limitations and conditions with respect to the
use of this Fund shall not apply in carrying out the purposes
and provisions of paragraph (h) of Section 10-3.
(b) Deposits into the Fund shall include, but are not
limited to:
(1) Any appropriations, grants, or gifts made to the
Fund.
(2) Any income received from interest on investments
of amounts from the Fund not currently needed to meet the
obligations of the Fund.
(c) The State Comptroller and the State Treasurer shall
from time to time, upon the written direction of the Governor,
transfer from the Fund to the General Revenue Fund or the
Budget Stabilization Fund, those amounts that the Governor
determines are in excess of the amounts required to meet the
obligations of the Fund. Any amounts transferred to the Budget
Stabilization Fund may be transferred back to the Large
Business Attraction Fund by the State Comptroller and the

State Treasurer, upon the written direction of the Governor.
(Source: P.A. 90-372, eff. 7-1-98.)
Section 5-30. The Illinois Police Training Act is amended
by changing Section 6 as follows:
(50 ILCS 705/6) (from Ch. 85, par. 506)
Sec. 6. Powers and duties of the Board; selection and
certification of schools. The Board shall select and certify
schools within the State of Illinois for the purpose of
providing basic training for probationary law enforcement
officers, probationary county corrections officers, and court
security officers and of providing advanced or in-service
training for permanent law enforcement officers or permanent
county corrections officers, which schools may be either
publicly or privately owned and operated. In addition, the
Board has the following power and duties:
a. To require law enforcement agencies to furnish such
reports and information as the Board deems necessary to
fully implement this Act.
b. To establish appropriate mandatory minimum
standards relating to the training of probationary local
law enforcement officers or probationary county
corrections officers, and in-service training of permanent
law enforcement officers.
c. To provide appropriate certification to those

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

For purposes of this paragraph e, a person is
considered to have been convicted of, found guilty of, or
entered a plea of guilty to, plea of nolo contendere to
regardless of whether the adjudication of guilt or
sentence is withheld or not entered thereon. This includes
sentences of supervision, conditional discharge, or first
offender probation, or any similar disposition provided
for by law.
f. To establish statewide standards for minimum
standards regarding regular mental health screenings for
probationary and permanent police officers, ensuring that
counseling sessions and screenings remain confidential.
g. To review and ensure all law enforcement officers
remain in compliance with this Act, and any administrative
rules adopted under this Act.
h. To suspend any certificate for a definite period,
limit or restrict any certificate, or revoke any
certificate.
i. The Board and the Panel shall have power to secure
by its subpoena and bring before it any person or entity in
this State and to take testimony either orally or by
deposition or both with the same fees and mileage and in
the same manner as prescribed by law in judicial
proceedings in civil cases in circuit courts of this
State. The Board and the Panel shall also have the power to
subpoena the production of documents, papers, files,

books, documents, and records, whether in physical or
electronic form, in support of the charges and for
defense, and in connection with a hearing or
investigation.
j. The Executive Director, the administrative law
judge designated by the Executive Director, and each
member of the Board and the Panel shall have the power to
administer oaths to witnesses at any hearing that the
Board is authorized to conduct under this Act and any
other oaths required or authorized to be administered by
the Board under this Act.
k. In case of the neglect or refusal of any person to
obey a subpoena issued by the Board and the Panel, any
circuit court, upon application of the Board and the
Panel, through the Illinois Attorney General, may order
such person to appear before the Board and the Panel give
testimony or produce evidence, and any failure to obey
such order is punishable by the court as a contempt
thereof. This order may be served by personal delivery, by
email, or by mail to the address of record or email address
of record.
l. The Board shall have the power to administer state
certification examinations. Any and all records related to
these examinations, including, but not limited to, test
questions, test formats, digital files, answer responses,
answer keys, and scoring information shall be exempt from

disclosure.
m. To make grants, subject to appropriation, to units
of local government and public institutions of higher
education for the purposes of hiring and retaining law
enforcement officers.
(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
Section 10-143, eff. 7-1-21; 101-652, Article 25, Section
25-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff.
1-7-22.)
Section 5-35. The Liquor Control Act of 1934 is amended by
adding Section 3-4.1 as follows:
(235 ILCS 5/3-4.1 new)
Sec. 3-4.1. Obtaining evidence. The State Commission has
the power to expend sums that the Executive Director deems
necessary for the purchase of evidence and for the employment
of persons to obtain evidence. The sums shall be advanced to
employees authorized by the Executive Director to expend
funds, on vouchers signed by the Executive Director.
In addition, the Executive Director is authorized to
maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used solely for the purchase of
evidence and for the employment of persons to obtain evidence.

No check may be written on nor any withdrawal made from such an
account except on the written signature of 2 persons
designated by the Executive Director to write those checks and
make those withdrawals. The balance of moneys on deposit in
any such account shall not exceed $25,000 at any time, nor
shall any one check written on or single withdrawal made from
any such account exceed $25,000.
Section 5-36. The Illinois Public Aid Code is amended by
changing Sections 4-1.6 as follows:
(305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
Sec. 4-1.6. Need. Income available to the family as
defined by the Illinois Department by rule, or to the child in
the case of a child removed from his or her home, when added to
contributions in money, substance or services from other
sources, including income available from parents absent from
the home or from a stepparent, contributions made for the
benefit of the parent or other persons necessary to provide
care and supervision to the child, and contributions from
legally responsible relatives, must be equal to or less than
the grant amount established by Department regulation for such
a person. For purposes of eligibility for aid under this
Article, the Department shall (a) disregard all earned income
between the grant amount and 50% of the Federal Poverty Level
and (b) disregard the value of all assets held by the family.

In considering income to be taken into account,
consideration shall be given to any expenses reasonably
attributable to the earning of such income. Three-fourths of
the earned income of a household eligible for aid under this
Article shall be disregarded when determining the level of
assistance for which a household is eligible. All The first
$100 of child support, whether it be current support, past
support owed, or future support, that is collected on or after
January 1, 2023 on behalf of a family in a month for one child
and the first $200 of child support collected on behalf of a
family in a month for 2 or more children shall be passed
through to the family and disregarded in determining the
amount of the assistance grant provided to the family under
this Article. Any amount of child support that would be
disregarded in determining the amount of the assistance grant
shall be disregarded in determining eligibility for cash
assistance provided under this Article. The Illinois
Department may also permit all or any portion of earned or
other income to be set aside for the future identifiable needs
of a child. The Illinois Department may provide by rule and
regulation for the exemptions thus permitted or required. The
eligibility of any applicant for or recipient of public aid
under this Article is not affected by the payment of any grant
under the "Senior Citizens and Persons with Disabilities
Property Tax Relief Act" or any distributions or items of
income described under subparagraph (X) of paragraph (2) of

subsection (a) of Section 203 of the Illinois Income Tax Act.
The Illinois Department may, by rule, set forth criteria
under which an assistance unit is ineligible for cash
assistance under this Article for a specified number of months
due to the receipt of a lump sum payment.
(Source: P.A. 98-114, eff. 7-29-13; 99-143, eff. 7-27-15;
99-899, eff. 1-1-17.)
Section 5-37. The Illinois Public Aid Code is amended by
changing Section 5A-12.7 as follows:
(305 ILCS 5/5A-12.7)
(Section scheduled to be repealed on December 31, 2026)
Sec. 5A-12.7. Continuation of hospital access payments on
and after July 1, 2020.
(a) To preserve and improve access to hospital services,
for hospital services rendered on and after July 1, 2020, the
Department shall, except for hospitals described in subsection
(b) of Section 5A-3, make payments to hospitals or require
capitated managed care organizations to make payments as set
forth in this Section. Payments under this Section are not due
and payable, however, until: (i) the methodologies described
in this Section are approved by the federal government in an
appropriate State Plan amendment or directed payment preprint;
and (ii) the assessment imposed under this Article is
determined to be a permissible tax under Title XIX of the

Social Security Act. In determining the hospital access
payments authorized under subsection (g) of this Section, if a
hospital ceases to qualify for payments from the pool, the
payments for all hospitals continuing to qualify for payments
from such pool shall be uniformly adjusted to fully expend the
aggregate net amount of the pool, with such adjustment being
effective on the first day of the second month following the
date the hospital ceases to receive payments from such pool.
(b) Amounts moved into claims-based rates and distributed
in accordance with Section 14-12 shall remain in those
claims-based rates.
(c) Graduate medical education.
(1) The calculation of graduate medical education
payments shall be based on the hospital's Medicare cost
report ending in Calendar Year 2018, as reported in the
Healthcare Cost Report Information System file, release
date September 30, 2019. An Illinois hospital reporting
intern and resident cost on its Medicare cost report shall
be eligible for graduate medical education payments.
(2) Each hospital's annualized Medicaid Intern
Resident Cost is calculated using annualized intern and
resident total costs obtained from Worksheet B Part I,
Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93,
96-98, and 105-112 multiplied by the percentage that the
hospital's Medicaid days (Worksheet S3 Part I, Column 7,
Lines 2, 3, 4, 14, 16-18, and 32) comprise of the

hospital's total days (Worksheet S3 Part I, Column 8,
Lines 14, 16-18, and 32).
(3) An annualized Medicaid indirect medical education
(IME) payment is calculated for each hospital using its
IME payments (Worksheet E Part A, Line 29, Column 1)
multiplied by the percentage that its Medicaid days
(Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18,
and 32) comprise of its Medicare days (Worksheet S3 Part
I, Column 6, Lines 2, 3, 4, 14, and 16-18).
(4) For each hospital, its annualized Medicaid Intern
Resident Cost and its annualized Medicaid IME payment are
summed, and, except as capped at 120% of the average cost
per intern and resident for all qualifying hospitals as
calculated under this paragraph, is multiplied by the
applicable reimbursement factor as described in this
paragraph, to determine the hospital's final graduate
medical education payment. Each hospital's average cost
per intern and resident shall be calculated by summing its
total annualized Medicaid Intern Resident Cost plus its
annualized Medicaid IME payment and dividing that amount
by the hospital's total Full Time Equivalent Residents and
Interns. If the hospital's average per intern and resident
cost is greater than 120% of the same calculation for all
qualifying hospitals, the hospital's per intern and
resident cost shall be capped at 120% of the average cost
for all qualifying hospitals.

(A) For the period of July 1, 2020 through
December 31, 2022, the applicable reimbursement factor
shall be 22.6%.
(B) For the period of January 1, 2023 through
December 31, 2026, the applicable reimbursement factor
shall be 35% for all qualified safety-net hospitals,
as defined in Section 5-5e.1 of this Code, and all
hospitals with 100 or more Full Time Equivalent
Residents and Interns, as reported on the hospital's
Medicare cost report ending in Calendar Year 2018, and
for all other qualified hospitals the applicable
reimbursement factor shall be 30%.
(d) Fee-for-service supplemental payments. For the period
of July 1, 2020 through December 31, 2022, each Illinois
hospital shall receive an annual payment equal to the amounts
below, to be paid in 12 equal installments on or before the
seventh State business day of each month, except that no
payment shall be due within 30 days after the later of the date
of notification of federal approval of the payment
methodologies required under this Section or any waiver
required under 42 CFR 433.68, at which time the sum of amounts
required under this Section prior to the date of notification
is due and payable.
(1) For critical access hospitals, $385 per covered
inpatient day contained in paid fee-for-service claims and
$530 per paid fee-for-service outpatient claim for dates

of service in Calendar Year 2019 in the Department's
Enterprise Data Warehouse as of May 11, 2020.
(2) For safety-net hospitals, $960 per covered
inpatient day contained in paid fee-for-service claims and
$625 per paid fee-for-service outpatient claim for dates
of service in Calendar Year 2019 in the Department's
Enterprise Data Warehouse as of May 11, 2020.
(3) For long term acute care hospitals, $295 per
covered inpatient day contained in paid fee-for-service
claims for dates of service in Calendar Year 2019 in the
Department's Enterprise Data Warehouse as of May 11, 2020.
(4) For freestanding psychiatric hospitals, $125 per
covered inpatient day contained in paid fee-for-service
claims and $130 per paid fee-for-service outpatient claim
for dates of service in Calendar Year 2019 in the
Department's Enterprise Data Warehouse as of May 11, 2020.
(5) For freestanding rehabilitation hospitals, $355
per covered inpatient day contained in paid
fee-for-service claims for dates of service in Calendar
Year 2019 in the Department's Enterprise Data Warehouse as
of May 11, 2020.
(6) For all general acute care hospitals and high
Medicaid hospitals as defined in subsection (f), $350 per
covered inpatient day for dates of service in Calendar
Year 2019 contained in paid fee-for-service claims and
$620 per paid fee-for-service outpatient claim in the

Department's Enterprise Data Warehouse as of May 11, 2020.
(7) Alzheimer's treatment access payment. Each
Illinois academic medical center or teaching hospital, as
defined in Section 5-5e.2 of this Code, that is identified
as the primary hospital affiliate of one of the Regional
Alzheimer's Disease Assistance Centers, as designated by
the Alzheimer's Disease Assistance Act and identified in
the Department of Public Health's Alzheimer's Disease
State Plan dated December 2016, shall be paid an
Alzheimer's treatment access payment equal to the product
of the qualifying hospital's State Fiscal Year 2018 total
inpatient fee-for-service days multiplied by the
applicable Alzheimer's treatment rate of $226.30 for
hospitals located in Cook County and $116.21 for hospitals
located outside Cook County.
(d-2) Fee-for-service supplemental payments. Beginning
January 1, 2023, each Illinois hospital shall receive an
annual payment equal to the amounts listed below, to be paid in
12 equal installments on or before the seventh State business
day of each month, except that no payment shall be due within
30 days after the later of the date of notification of federal
approval of the payment methodologies required under this
Section or any waiver required under 42 CFR 433.68, at which
time the sum of amounts required under this Section prior to
the date of notification is due and payable. The Department
may adjust the rates in paragraphs (1) through (7) to comply

with the federal upper payment limits, with such adjustments
being determined so that the total estimated spending by
hospital class, under such adjusted rates, remains
substantially similar to the total estimated spending under
the original rates set forth in this subsection.
(1) For critical access hospitals, as defined in
subsection (f), $750 per covered inpatient day contained
in paid fee-for-service claims and $750 per paid
fee-for-service outpatient claim for dates of service in
Calendar Year 2019 in the Department's Enterprise Data
Warehouse as of August 6, 2021.
(2) For safety-net hospitals, as described in
subsection (f), $1,350 per inpatient day contained in paid
fee-for-service claims and $1,350 per paid fee-for-service
outpatient claim for dates of service in Calendar Year
2019 in the Department's Enterprise Data Warehouse as of
August 6, 2021.
(3) For long term acute care hospitals, $550 per
covered inpatient day contained in paid fee-for-service
claims for dates of service in Calendar Year 2019 in the
Department's Enterprise Data Warehouse as of August 6,
2021.
(4) For freestanding psychiatric hospitals, $200 per
covered inpatient day contained in paid fee-for-service
claims and $200 per paid fee-for-service outpatient claim
for dates of service in Calendar Year 2019 in the

Department's Enterprise Data Warehouse as of August 6,
2021.
(5) For freestanding rehabilitation hospitals, $550
per covered inpatient day contained in paid
fee-for-service claims and $125 per paid fee-for-service
outpatient claim for dates of service in Calendar Year
2019 in the Department's Enterprise Data Warehouse as of
August 6, 2021.
(6) For all general acute care hospitals and high
Medicaid hospitals as defined in subsection (f), $500 per
covered inpatient day for dates of service in Calendar
Year 2019 contained in paid fee-for-service claims and
$500 per paid fee-for-service outpatient claim in the
Department's Enterprise Data Warehouse as of August 6,
2021.
(7) For public hospitals, as defined in subsection
(f), $275 per covered inpatient day contained in paid
fee-for-service claims and $275 per paid fee-for-service
outpatient claim for dates of service in Calendar Year
2019 in the Department's Enterprise Data Warehouse as of
August 6, 2021.
(8) Alzheimer's treatment access payment. Each
Illinois academic medical center or teaching hospital, as
defined in Section 5-5e.2 of this Code, that is identified
as the primary hospital affiliate of one of the Regional
Alzheimer's Disease Assistance Centers, as designated by

the Alzheimer's Disease Assistance Act and identified in
the Department of Public Health's Alzheimer's Disease
State Plan dated December 2016, shall be paid an
Alzheimer's treatment access payment equal to the product
of the qualifying hospital's Calendar Year 2019 total
inpatient fee-for-service days, in the Department's
Enterprise Data Warehouse as of August 6, 2021, multiplied
by the applicable Alzheimer's treatment rate of $244.37
for hospitals located in Cook County and $312.03 for
hospitals located outside Cook County.
(e) The Department shall require managed care
organizations (MCOs) to make directed payments and
pass-through payments according to this Section. Each calendar
year, the Department shall require MCOs to pay the maximum
amount out of these funds as allowed as pass-through payments
under federal regulations. The Department shall require MCOs
to make such pass-through payments as specified in this
Section. The Department shall require the MCOs to pay the
remaining amounts as directed Payments as specified in this
Section. The Department shall issue payments to the
Comptroller by the seventh business day of each month for all
MCOs that are sufficient for MCOs to make the directed
payments and pass-through payments according to this Section.
The Department shall require the MCOs to make pass-through
payments and directed payments using electronic funds
transfers (EFT), if the hospital provides the information

necessary to process such EFTs, in accordance with directions
provided monthly by the Department, within 7 business days of
the date the funds are paid to the MCOs, as indicated by the
"Paid Date" on the website of the Office of the Comptroller if
the funds are paid by EFT and the MCOs have received directed
payment instructions. If funds are not paid through the
Comptroller by EFT, payment must be made within 7 business
days of the date actually received by the MCO. The MCO will be
considered to have paid the pass-through payments when the
payment remittance number is generated or the date the MCO
sends the check to the hospital, if EFT information is not
supplied. If an MCO is late in paying a pass-through payment or
directed payment as required under this Section (including any
extensions granted by the Department), it shall pay a penalty,
unless waived by the Department for reasonable cause, to the
Department equal to 5% of the amount of the pass-through
payment or directed payment not paid on or before the due date
plus 5% of the portion thereof remaining unpaid on the last day
of each 30-day period thereafter. Payments to MCOs that would
be paid consistent with actuarial certification and enrollment
in the absence of the increased capitation payments under this
Section shall not be reduced as a consequence of payments made
under this subsection. The Department shall publish and
maintain on its website for a period of no less than 8 calendar
quarters, the quarterly calculation of directed payments and
pass-through payments owed to each hospital from each MCO. All

calculations and reports shall be posted no later than the
first day of the quarter for which the payments are to be
issued.
(f)(1) For purposes of allocating the funds included in
capitation payments to MCOs, Illinois hospitals shall be
divided into the following classes as defined in
administrative rules:
(A) Beginning July 1, 2020 through December 31, 2022,
critical access hospitals. Beginning January 1, 2023,
"critical access hospital" means a hospital designated by
the Department of Public Health as a critical access
hospital, excluding any hospital meeting the definition of
a public hospital in subparagraph (F).
(B) Safety-net hospitals, except that stand-alone
children's hospitals that are not specialty children's
hospitals will not be included. For the calendar year
beginning January 1, 2023, and each calendar year
thereafter, assignment to the safety-net class shall be
based on the annual safety-net rate year beginning 15
months before the beginning of the first Payout Quarter of
the calendar year.
(C) Long term acute care hospitals.
(D) Freestanding psychiatric hospitals.
(E) Freestanding rehabilitation hospitals.
(F) Beginning January 1, 2023, "public hospital" means
a hospital that is owned or operated by an Illinois

Government body or municipality, excluding a hospital
provider that is a State agency, a State university, or a
county with a population of 3,000,000 or more.
(G) High Medicaid hospitals.
(i) As used in this Section, "high Medicaid
hospital" means a general acute care hospital that:
(I) For the payout periods July 1, 2020
through December 31, 2022, is not a safety-net
hospital or critical access hospital and that has
a Medicaid Inpatient Utilization Rate above 30% or
a hospital that had over 35,000 inpatient Medicaid
days during the applicable period. For the period
July 1, 2020 through December 31, 2020, the
applicable period for the Medicaid Inpatient
Utilization Rate (MIUR) is the rate year 2020 MIUR
and for the number of inpatient days it is State
fiscal year 2018. Beginning in calendar year 2021,
the Department shall use the most recently
determined MIUR, as defined in subsection (h) of
Section 5-5.02, and for the inpatient day
threshold, the State fiscal year ending 18 months
prior to the beginning of the calendar year. For
purposes of calculating MIUR under this Section,
children's hospitals and affiliated general acute
care hospitals shall be considered a single
hospital.

(II) For the calendar year beginning January
1, 2023, and each calendar year thereafter, is not
a public hospital, safety-net hospital, or
critical access hospital and that qualifies as a
regional high volume hospital or is a hospital
that has a Medicaid Inpatient Utilization Rate
(MIUR) above 30%. As used in this item, "regional
high volume hospital" means a hospital which ranks
in the top 2 quartiles based on total hospital
services volume, of all eligible general acute
care hospitals, when ranked in descending order
based on total hospital services volume, within
the same Medicaid managed care region, as
designated by the Department, as of January 1,
2022. As used in this item, "total hospital
services volume" means the total of all Medical
Assistance hospital inpatient admissions plus all
Medical Assistance hospital outpatient visits. For
purposes of determining regional high volume
hospital inpatient admissions and outpatient
visits, the Department shall use dates of service
provided during State Fiscal Year 2020 for the
Payout Quarter beginning January 1, 2023. The
Department shall use dates of service from the
State fiscal year ending 18 month before the
beginning of the first Payout Quarter of the

subsequent annual determination period.
(ii) For the calendar year beginning January 1,
2023, the Department shall use the Rate Year 2022
Medicaid inpatient utilization rate (MIUR), as defined
in subsection (h) of Section 5-5.02. For each
subsequent annual determination, the Department shall
use the MIUR applicable to the rate year ending
September 30 of the year preceding the beginning of
the calendar year.
(H) General acute care hospitals. As used under this
Section, "general acute care hospitals" means all other
Illinois hospitals not identified in subparagraphs (A)
through (G).
(2) Hospitals' qualification for each class shall be
assessed prior to the beginning of each calendar year and the
new class designation shall be effective January 1 of the next
year. The Department shall publish by rule the process for
establishing class determination.
(g) Fixed pool directed payments. Beginning July 1, 2020,
the Department shall issue payments to MCOs which shall be
used to issue directed payments to qualified Illinois
safety-net hospitals and critical access hospitals on a
monthly basis in accordance with this subsection. Prior to the
beginning of each Payout Quarter beginning July 1, 2020, the
Department shall use encounter claims data from the
Determination Quarter, accepted by the Department's Medicaid

Management Information System for inpatient and outpatient
services rendered by safety-net hospitals and critical access
hospitals to determine a quarterly uniform per unit add-on for
each hospital class.
(1) Inpatient per unit add-on. A quarterly uniform per
diem add-on shall be derived by dividing the quarterly
Inpatient Directed Payments Pool amount allocated to the
applicable hospital class by the total inpatient days
contained on all encounter claims received during the
Determination Quarter, for all hospitals in the class.
(A) Each hospital in the class shall have a
quarterly inpatient directed payment calculated that
is equal to the product of the number of inpatient days
attributable to the hospital used in the calculation
of the quarterly uniform class per diem add-on,
multiplied by the calculated applicable quarterly
uniform class per diem add-on of the hospital class.
(B) Each hospital shall be paid 1/3 of its
quarterly inpatient directed payment in each of the 3
months of the Payout Quarter, in accordance with
directions provided to each MCO by the Department.
(2) Outpatient per unit add-on. A quarterly uniform
per claim add-on shall be derived by dividing the
quarterly Outpatient Directed Payments Pool amount
allocated to the applicable hospital class by the total
outpatient encounter claims received during the

Determination Quarter, for all hospitals in the class.
(A) Each hospital in the class shall have a
quarterly outpatient directed payment calculated that
is equal to the product of the number of outpatient
encounter claims attributable to the hospital used in
the calculation of the quarterly uniform class per
claim add-on, multiplied by the calculated applicable
quarterly uniform class per claim add-on of the
hospital class.
(B) Each hospital shall be paid 1/3 of its
quarterly outpatient directed payment in each of the 3
months of the Payout Quarter, in accordance with
directions provided to each MCO by the Department.
(3) Each MCO shall pay each hospital the Monthly
Directed Payment as identified by the Department on its
quarterly determination report.
(4) Definitions. As used in this subsection:
(A) "Payout Quarter" means each 3 month calendar
quarter, beginning July 1, 2020.
(B) "Determination Quarter" means each 3 month
calendar quarter, which ends 3 months prior to the
first day of each Payout Quarter.
(5) For the period July 1, 2020 through December 2020,
the following amounts shall be allocated to the following
hospital class directed payment pools for the quarterly
development of a uniform per unit add-on:

(A) $2,894,500 for hospital inpatient services for
critical access hospitals.
(B) $4,294,374 for hospital outpatient services
for critical access hospitals.
(C) $29,109,330 for hospital inpatient services
for safety-net hospitals.
(D) $35,041,218 for hospital outpatient services
for safety-net hospitals.
(6) For the period January 1, 2023 through December
31, 2023, the Department shall establish the amounts that
shall be allocated to the hospital class directed payment
fixed pools identified in this paragraph for the quarterly
development of a uniform per unit add-on. The Department
shall establish such amounts so that the total amount of
payments to each hospital under this Section in calendar
year 2023 is projected to be substantially similar to the
total amount of such payments received by the hospital
under this Section in calendar year 2021, adjusted for
increased funding provided for fixed pool directed
payments under subsection (g) in calendar year 2022,
assuming that the volume and acuity of claims are held
constant. The Department shall publish the directed
payment fixed pool amounts to be established under this
paragraph on its website by November 15, 2022.
(A) Hospital inpatient services for critical
access hospitals.

(B) Hospital outpatient services for critical
access hospitals.
(C) Hospital inpatient services for public
hospitals.
(D) Hospital outpatient services for public
hospitals.
(E) Hospital inpatient services for safety-net
hospitals.
(F) Hospital outpatient services for safety-net
hospitals.
(7) Semi-annual rate maintenance review. The
Department shall ensure that hospitals assigned to the
fixed pools in paragraph (6) are paid no less than 95% of
the annual initial rate for each 6-month period of each
annual payout period. For each calendar year, the
Department shall calculate the annual initial rate per day
and per visit for each fixed pool hospital class listed in
paragraph (6), by dividing the total of all applicable
inpatient or outpatient directed payments issued in the
preceding calendar year to the hospitals in each fixed
pool class for the calendar year, plus any increase
resulting from the annual adjustments described in
subsection (i), by the actual applicable total service
units for the preceding calendar year which were the basis
of the total applicable inpatient or outpatient directed
payments issued to the hospitals in each fixed pool class

in the calendar year, except that for calendar year 2023,
the service units from calendar year 2021 shall be used.
(A) The Department shall calculate the effective
rate, per day and per visit, for the payout periods of
January to June and July to December of each year, for
each fixed pool listed in paragraph (6), by dividing
50% of the annual pool by the total applicable
reported service units for the 2 applicable
determination quarters.
(B) If the effective rate calculated in
subparagraph (A) is less than 95% of the annual
initial rate assigned to the class for each pool under
paragraph (6), the Department shall adjust the payment
for each hospital to a level equal to no less than 95%
of the annual initial rate, by issuing a retroactive
adjustment payment for the 6-month period under review
as identified in subparagraph (A).
(h) Fixed rate directed payments. Effective July 1, 2020,
the Department shall issue payments to MCOs which shall be
used to issue directed payments to Illinois hospitals not
identified in paragraph (g) on a monthly basis. Prior to the
beginning of each Payout Quarter beginning July 1, 2020, the
Department shall use encounter claims data from the
Determination Quarter, accepted by the Department's Medicaid
Management Information System for inpatient and outpatient
services rendered by hospitals in each hospital class

identified in paragraph (f) and not identified in paragraph
(g). For the period July 1, 2020 through December 2020, the
Department shall direct MCOs to make payments as follows:
(1) For general acute care hospitals an amount equal
to $1,750 multiplied by the hospital's category of service
20 case mix index for the determination quarter multiplied
by the hospital's total number of inpatient admissions for
category of service 20 for the determination quarter.
(2) For general acute care hospitals an amount equal
to $160 multiplied by the hospital's category of service
21 case mix index for the determination quarter multiplied
by the hospital's total number of inpatient admissions for
category of service 21 for the determination quarter.
(3) For general acute care hospitals an amount equal
to $80 multiplied by the hospital's category of service 22
case mix index for the determination quarter multiplied by
the hospital's total number of inpatient admissions for
category of service 22 for the determination quarter.
(4) For general acute care hospitals an amount equal
to $375 multiplied by the hospital's category of service
24 case mix index for the determination quarter multiplied
by the hospital's total number of category of service 24
paid EAPG (EAPGs) for the determination quarter.
(5) For general acute care hospitals an amount equal
to $240 multiplied by the hospital's category of service
27 and 28 case mix index for the determination quarter

multiplied by the hospital's total number of category of
service 27 and 28 paid EAPGs for the determination
quarter.
(6) For general acute care hospitals an amount equal
to $290 multiplied by the hospital's category of service
29 case mix index for the determination quarter multiplied
by the hospital's total number of category of service 29
paid EAPGs for the determination quarter.
(7) For high Medicaid hospitals an amount equal to
$1,800 multiplied by the hospital's category of service 20
case mix index for the determination quarter multiplied by
the hospital's total number of inpatient admissions for
category of service 20 for the determination quarter.
(8) For high Medicaid hospitals an amount equal to
$160 multiplied by the hospital's category of service 21
case mix index for the determination quarter multiplied by
the hospital's total number of inpatient admissions for
category of service 21 for the determination quarter.
(9) For high Medicaid hospitals an amount equal to $80
multiplied by the hospital's category of service 22 case
mix index for the determination quarter multiplied by the
hospital's total number of inpatient admissions for
category of service 22 for the determination quarter.
(10) For high Medicaid hospitals an amount equal to
$400 multiplied by the hospital's category of service 24
case mix index for the determination quarter multiplied by

the hospital's total number of category of service 24 paid
EAPG outpatient claims for the determination quarter.
(11) For high Medicaid hospitals an amount equal to
$240 multiplied by the hospital's category of service 27
and 28 case mix index for the determination quarter
multiplied by the hospital's total number of category of
service 27 and 28 paid EAPGs for the determination
quarter.
(12) For high Medicaid hospitals an amount equal to
$290 multiplied by the hospital's category of service 29
case mix index for the determination quarter multiplied by
the hospital's total number of category of service 29 paid
EAPGs for the determination quarter.
(13) For long term acute care hospitals the amount of
$495 multiplied by the hospital's total number of
inpatient days for the determination quarter.
(14) For psychiatric hospitals the amount of $210
multiplied by the hospital's total number of inpatient
days for category of service 21 for the determination
quarter.
(15) For psychiatric hospitals the amount of $250
multiplied by the hospital's total number of outpatient
claims for category of service 27 and 28 for the
determination quarter.
(16) For rehabilitation hospitals the amount of $410
multiplied by the hospital's total number of inpatient

days for category of service 22 for the determination
quarter.
(17) For rehabilitation hospitals the amount of $100
multiplied by the hospital's total number of outpatient
claims for category of service 29 for the determination
quarter.
(18) Effective for the Payout Quarter beginning
January 1, 2023, for the directed payments to hospitals
required under this subsection, the Department shall
establish the amounts that shall be used to calculate such
directed payments using the methodologies specified in
this paragraph. The Department shall use a single, uniform
rate, adjusted for acuity as specified in paragraphs (1)
through (12), for all categories of inpatient services
provided by each class of hospitals and a single uniform
rate, adjusted for acuity as specified in paragraphs (1)
through (12), for all categories of outpatient services
provided by each class of hospitals. The Department shall
establish such amounts so that the total amount of
payments to each hospital under this Section in calendar
year 2023 is projected to be substantially similar to the
total amount of such payments received by the hospital
under this Section in calendar year 2021, adjusted for
increased funding provided for fixed pool directed
payments under subsection (g) in calendar year 2022,
assuming that the volume and acuity of claims are held

constant. The Department shall publish the directed
payment amounts to be established under this subsection on
its website by November 15, 2022.
(19) Each hospital shall be paid 1/3 of their
quarterly inpatient and outpatient directed payment in
each of the 3 months of the Payout Quarter, in accordance
with directions provided to each MCO by the Department.
20 Each MCO shall pay each hospital the Monthly
Directed Payment amount as identified by the Department on
its quarterly determination report.
Notwithstanding any other provision of this subsection, if
the Department determines that the actual total hospital
utilization data that is used to calculate the fixed rate
directed payments is substantially different than anticipated
when the rates in this subsection were initially determined
for unforeseeable circumstances (such as the COVID-19 pandemic
or some other public health emergency), the Department may
adjust the rates specified in this subsection so that the
total directed payments approximate the total spending amount
anticipated when the rates were initially established.
Definitions. As used in this subsection:
(A) "Payout Quarter" means each calendar quarter,
beginning July 1, 2020.
(B) "Determination Quarter" means each calendar
quarter which ends 3 months prior to the first day of
each Payout Quarter.

(C) "Case mix index" means a hospital specific
calculation. For inpatient claims the case mix index
is calculated each quarter by summing the relative
weight of all inpatient Diagnosis-Related Group (DRG)
claims for a category of service in the applicable
Determination Quarter and dividing the sum by the
number of sum total of all inpatient DRG admissions
for the category of service for the associated claims.
The case mix index for outpatient claims is calculated
each quarter by summing the relative weight of all
paid EAPGs in the applicable Determination Quarter and
dividing the sum by the sum total of paid EAPGs for the
associated claims.
(i) Beginning January 1, 2021, the rates for directed
payments shall be recalculated in order to spend the
additional funds for directed payments that result from
reduction in the amount of pass-through payments allowed under
federal regulations. The additional funds for directed
payments shall be allocated proportionally to each class of
hospitals based on that class' proportion of services.
(1) Beginning January 1, 2024, the fixed pool directed
payment amounts and the associated annual initial rates
referenced in paragraph (6) of subsection (f) for each
hospital class shall be uniformly increased by a ratio of
not less than, the ratio of the total pass-through
reduction amount pursuant to paragraph (4) of subsection

(j), for the hospitals comprising the hospital fixed pool
directed payment class for the next calendar year, to the
total inpatient and outpatient directed payments for the
hospitals comprising the hospital fixed pool directed
payment class paid during the preceding calendar year.
(2) Beginning January 1, 2024, the fixed rates for the
directed payments referenced in paragraph (18) of
subsection (h) for each hospital class shall be uniformly
increased by a ratio of not less than, the ratio of the
total pass-through reduction amount pursuant to paragraph
(4) of subsection (j), for the hospitals comprising the
hospital directed payment class for the next calendar
year, to the total inpatient and outpatient directed
payments for the hospitals comprising the hospital fixed
rate directed payment class paid during the preceding
calendar year.
(j) Pass-through payments.
(1) For the period July 1, 2020 through December 31,
2020, the Department shall assign quarterly pass-through
payments to each class of hospitals equal to one-fourth of
the following annual allocations:
(A) $390,487,095 to safety-net hospitals.
(B) $62,553,886 to critical access hospitals.
(C) $345,021,438 to high Medicaid hospitals.
(D) $551,429,071 to general acute care hospitals.
(E) $27,283,870 to long term acute care hospitals.

(F) $40,825,444 to freestanding psychiatric
hospitals.
(G) $9,652,108 to freestanding rehabilitation
hospitals.
(2) For the period of July 1, 2020 through December
31, 2020, the pass-through payments shall at a minimum
ensure hospitals receive a total amount of monthly
payments under this Section as received in calendar year
2019 in accordance with this Article and paragraph (1) of
subsection (d-5) of Section 14-12, exclusive of amounts
received through payments referenced in subsection (b).
(3) For the calendar year beginning January 1, 2023,
the Department shall establish the annual pass-through
allocation to each class of hospitals and the pass-through
payments to each hospital so that the total amount of
payments to each hospital under this Section in calendar
year 2023 is projected to be substantially similar to the
total amount of such payments received by the hospital
under this Section in calendar year 2021, adjusted for
increased funding provided for fixed pool directed
payments under subsection (g) in calendar year 2022,
assuming that the volume and acuity of claims are held
constant. The Department shall publish the pass-through
allocation to each class and the pass-through payments to
each hospital to be established under this subsection on
its website by November 15, 2022.

(4) For the calendar years beginning January 1, 2021,
January 1, 2022, and January 1, 2024, and each calendar
year thereafter, each hospital's pass-through payment
amount shall be reduced proportionally to the reduction of
all pass-through payments required by federal regulations.
(k) At least 30 days prior to each calendar year, the
Department shall notify each hospital of changes to the
payment methodologies in this Section, including, but not
limited to, changes in the fixed rate directed payment rates,
the aggregate pass-through payment amount for all hospitals,
and the hospital's pass-through payment amount for the
upcoming calendar year.
(l) Notwithstanding any other provisions of this Section,
the Department may adopt rules to change the methodology for
directed and pass-through payments as set forth in this
Section, but only to the extent necessary to obtain federal
approval of a necessary State Plan amendment or Directed
Payment Preprint or to otherwise conform to federal law or
federal regulation.
(m) As used in this subsection, "managed care
organization" or "MCO" means an entity which contracts with
the Department to provide services where payment for medical
services is made on a capitated basis, excluding contracted
entities for dual eligible or Department of Children and
Family Services youth populations.
(n) In order to address the escalating infant mortality

rates among minority communities in Illinois, the State shall,
subject to appropriation, create a pool of funding of at least
$50,000,000 annually to be disbursed among safety-net
hospitals that maintain perinatal designation from the
Department of Public Health. The funding shall be used to
preserve or enhance OB/GYN services or other specialty
services at the receiving hospital, with the distribution of
funding to be established by rule and with consideration to
perinatal hospitals with safe birthing levels and quality
metrics for healthy mothers and babies.
(o) In order to address the growing challenges of
providing stable access to healthcare in rural Illinois,
including perinatal services, behavioral healthcare including
substance use disorder services (SUDs) and other specialty
services, and to expand access to telehealth services among
rural communities in Illinois, the Department of Healthcare
and Family Services, subject to appropriation, shall
administer a program to provide at least $10,000,000 in
financial support annually to critical access hospitals for
delivery of perinatal and OB/GYN services, behavioral
healthcare including SUDS, other specialty services and
telehealth services. The funding shall be used to preserve or
enhance perinatal and OB/GYN services, behavioral healthcare
including SUDS, other specialty services, as well as the
explanation of telehealth services by the receiving hospital,
with the distribution of funding to be established by rule.

(p) For calendar year 2023, the final amounts, rates, and
payments under subsections (c), (d-2), (g), (h), and (j) shall
be established by the Department, so that the sum of the total
estimated annual payments under subsections (c), (d-2), (g),
(h), and (j) for each hospital class for calendar year 2023, is
no less than:
(1) $858,260,000 to safety-net hospitals.
(2) $86,200,000 to critical access hospitals.
(3) $1,765,000,000 to high Medicaid hospitals.
(4) $673,860,000 to general acute care hospitals.
(5) $48,330,000 to long term acute care hospitals.
(6) $89,110,000 to freestanding psychiatric hospitals.
(7) $24,300,000 to freestanding rehabilitation
hospitals.
(8) $32,570,000 to public hospitals.
(q) Hospital Pandemic Recovery Stabilization Payments.
The Department shall disburse a pool of $460,000,000 in
stability payments to hospitals prior to April 1, 2023. The
allocation of the pool shall be based on the hospital directed
payment classes and directed payments issued, during Calendar
Year 2022 with added consideration to safety net hospitals, as
defined in subdivision (f)(1)(B) of this Section, and critical
access hospitals.
(Source: P.A. 101-650, eff. 7-7-20; 102-4, eff. 4-27-21;
102-16, eff. 6-17-21; 102-886, eff. 5-17-22.)

Section 5-40. The Illinois Human Rights Act is amended by
changing Section 7-101 as follows:
(775 ILCS 5/7-101) (from Ch. 68, par. 7-101)
Sec. 7-101. Powers and Duties. In addition to other powers
and duties prescribed in this Act, the Department shall have
the following powers:
(A) Rules and Regulations. To adopt, promulgate, amend,
and rescind rules and regulations not inconsistent with the
provisions of this Act pursuant to the Illinois Administrative
Procedure Act.
(B) Charges. To issue, receive, investigate, conciliate,
settle, and dismiss charges filed in conformity with this Act.
(C) Compulsory Process. To request subpoenas as it deems
necessary for its investigations.
(D) Complaints. To file complaints with the Commission in
conformity with this Act.
(E) Judicial Enforcement. To seek temporary relief and to
enforce orders of the Commission in conformity with this Act.
(F) Equal Employment Opportunities. To take such action as
may be authorized to provide for equal employment
opportunities and affirmative action.
(G) Recruitment; Research; Public Communication; Advisory
Councils. To engage in such recruitment, research and public
communication and create such advisory councils as may be
authorized to effectuate the purposes of this Act.

(H) Coordination with other Agencies. To coordinate its
activities with federal, state, and local agencies in
conformity with this Act.
(I) Public Grants; Private Gifts.
(1) To accept public grants and private gifts as may
be authorized.
(2) To design grant programs and award grants to
eligible recipients.
(J) Education and Training. To implement a formal and
unbiased program of education and training for all employees
assigned to investigate and conciliate charges under Articles
7A and 7B. The training program shall include the following:
(1) substantive and procedural aspects of the
investigation and conciliation positions;
(2) current issues in human rights law and practice;
(3) lectures by specialists in substantive areas
related to human rights matters;
(4) orientation to each operational unit of the
Department and Commission;
(5) observation of experienced Department
investigators and attorneys conducting conciliation
conferences, combined with the opportunity to discuss
evidence presented and rulings made;
(6) the use of hypothetical cases requiring the
Department investigator and conciliation conference
attorney to issue judgments as a means to evaluating

knowledge and writing ability;
(7) writing skills;
(8) computer skills, including but not limited to word
processing and document management.
A formal, unbiased and ongoing professional development
program including, but not limited to, the above-noted areas
shall be implemented to keep Department investigators and
attorneys informed of recent developments and issues and to
assist them in maintaining and enhancing their professional
competence.
(Source: P.A. 99-74, eff. 7-20-15.)
ARTICLE 10
Section 10-5. The State Officials and Employees Ethics Act
is amended by changing Section 20-10 as follows:
(5 ILCS 430/20-10)
Sec. 20-10. Offices of Executive Inspectors General.
(a) Five independent Offices of the Executive Inspector
General are created, one each for the Governor, the Attorney
General, the Secretary of State, the Comptroller, and the
Treasurer. Each Office shall be under the direction and
supervision of an Executive Inspector General and shall be a
fully independent office with separate appropriations.
(b) The Governor, Attorney General, Secretary of State,

Comptroller, and Treasurer shall each appoint an Executive
Inspector General, without regard to political affiliation and
solely on the basis of integrity and demonstrated ability.
Appointments shall be made by and with the advice and consent
of the Senate by three-fifths of the elected members
concurring by record vote. Any nomination not acted upon by
the Senate within 60 session days of the receipt thereof shall
be deemed to have received the advice and consent of the
Senate. If, during a recess of the Senate, there is a vacancy
in an office of Executive Inspector General, the appointing
authority shall make a temporary appointment until the next
meeting of the Senate when the appointing authority shall make
a nomination to fill that office. No person rejected for an
office of Executive Inspector General shall, except by the
Senate's request, be nominated again for that office at the
same session of the Senate or be appointed to that office
during a recess of that Senate.
Nothing in this Article precludes the appointment by the
Governor, Attorney General, Secretary of State, Comptroller,
or Treasurer of any other inspector general required or
permitted by law. The Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer each may appoint an existing
inspector general as the Executive Inspector General required
by this Article, provided that such an inspector general is
not prohibited by law, rule, jurisdiction, qualification, or
interest from serving as the Executive Inspector General

required by this Article. An appointing authority may not
appoint a relative as an Executive Inspector General.
Each Executive Inspector General shall have the following
qualifications:
(1) has not been convicted of any felony under the
laws of this State, another State, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has 5 or more years of cumulative service (A) with
a federal, State, or local law enforcement agency, at
least 2 years of which have been in a progressive
investigatory capacity; (B) as a federal, State, or local
prosecutor; (C) as a senior manager or executive of a
federal, State, or local agency; (D) as a member, an
officer, or a State or federal judge; or (E) representing
any combination of items (A) through (D).
The term of each initial Executive Inspector General shall
commence upon qualification and shall run through June 30,
2008. The initial appointments shall be made within 60 days
after the effective date of this Act.
After the initial term, each Executive Inspector General
shall serve for 5-year terms commencing on July 1 of the year
of appointment and running through June 30 of the fifth
following year. An Executive Inspector General may be
reappointed to one or more subsequent terms.
A vacancy occurring other than at the end of a term shall

be filled by the appointing authority only for the balance of
the term of the Executive Inspector General whose office is
vacant.
Terms shall run regardless of whether the position is
filled.
(c) The Executive Inspector General appointed by the
Attorney General shall have jurisdiction over the Attorney
General and all officers and employees of, and vendors and
others doing business with, State agencies within the
jurisdiction of the Attorney General. The Executive Inspector
General appointed by the Secretary of State shall have
jurisdiction over the Secretary of State and all officers and
employees of, and vendors and others doing business with,
State agencies within the jurisdiction of the Secretary of
State. The Executive Inspector General appointed by the
Comptroller shall have jurisdiction over the Comptroller and
all officers and employees of, and vendors and others doing
business with, State agencies within the jurisdiction of the
Comptroller. The Executive Inspector General appointed by the
Treasurer shall have jurisdiction over the Treasurer and all
officers and employees of, and vendors and others doing
business with, State agencies within the jurisdiction of the
Treasurer. The Executive Inspector General appointed by the
Governor shall have jurisdiction over (i) the Governor, (ii)
the Lieutenant Governor, (iii) all officers and employees of,
and vendors and others doing business with, executive branch

State agencies under the jurisdiction of the Executive Ethics
Commission and not within the jurisdiction of the Attorney
General, the Secretary of State, the Comptroller, or the
Treasurer, and (iv) all board members and employees of the
Regional Transit Boards and all vendors and others doing
business with the Regional Transit Boards.
The jurisdiction of each Executive Inspector General is to
investigate allegations of fraud, waste, abuse, mismanagement,
misconduct, nonfeasance, misfeasance, malfeasance, or
violations of this Act or violations of other related laws and
rules.
Each Executive Inspector General shall have jurisdiction
over complainants in violation of subsection (e) of Section
20-63 for disclosing a summary report prepared by the
respective Executive Inspector General.
(d) The compensation for each Executive Inspector General
shall be determined by the Executive Ethics Commission and
shall be provided made from appropriations made to the
Comptroller for this purpose. For terms of office beginning on
or after July 1, 2023, each Executive Inspector General shall
receive, on July 1 of each year, beginning on July 1, 2024, an
increase in salary based on a cost of living adjustment as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly. Subject to Section 20-45 of this Act, each Executive
Inspector General has full authority to organize his or her
Office of the Executive Inspector General, including the

employment and determination of the compensation of staff,
such as deputies, assistants, and other employees, as
appropriations permit. A separate appropriation shall be made
for each Office of Executive Inspector General.
(e) No Executive Inspector General or employee of the
Office of the Executive Inspector General may, during his or
her term of appointment or employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) advocate for the appointment of another person to
an appointed or elected office or position or actively
participate in any campaign for any elective office.
In this subsection an appointed public office means a
position authorized by law that is filled by an appointing
authority as provided by law and does not include employment
by hiring in the ordinary course of business.
(e-1) No Executive Inspector General or employee of the
Office of the Executive Inspector General may, for one year
after the termination of his or her appointment or employment:
(1) become a candidate for any elective office;
(2) hold any elected public office; or

(3) hold any appointed State, county, or local
judicial office.
(e-2) The requirements of item (3) of subsection (e-1) may
be waived by the Executive Ethics Commission.
(f) An Executive Inspector General may be removed only for
cause and may be removed only by the appointing constitutional
officer. At the time of the removal, the appointing
constitutional officer must report to the Executive Ethics
Commission the justification for the removal.
(Source: P.A. 101-221, eff. 8-9-19; 102-558, eff. 8-20-21.)
Section 10-10. The Firearm Owners Identification Card Act
is amended by changing Section 10 as follows:
(430 ILCS 65/10) (from Ch. 38, par. 83-10)
Sec. 10. Appeals; hearing; relief from firearm
prohibitions.
(a) Whenever an application for a Firearm Owner's
Identification Card is denied or whenever such a Card is
revoked or seized as provided for in Section 8 of this Act, the
aggrieved party may (1) file a record challenge with the
Director regarding the record upon which the decision to deny
or revoke the Firearm Owner's Identification Card was based
under subsection (a-5); or (2) appeal to the Director of the
Illinois State Police through December 31, 2022, or beginning
January 1, 2023, the Firearm Owner's Identification Card

Review Board for a hearing seeking relief from such denial or
revocation unless the denial or revocation was based upon a
forcible felony, stalking, aggravated stalking, domestic
battery, any violation of the Illinois Controlled Substances
Act, the Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act that is classified as a Class 2 or
greater felony, any felony violation of Article 24 of the
Criminal Code of 1961 or the Criminal Code of 2012, or any
adjudication as a delinquent minor for the commission of an
offense that if committed by an adult would be a felony, in
which case the aggrieved party may petition the circuit court
in writing in the county of his or her residence for a hearing
seeking relief from such denial or revocation.
(a-5) There is created a Firearm Owner's Identification
Card Review Board to consider any appeal under subsection (a)
beginning January 1, 2023, other than an appeal directed to
the circuit court and except when the applicant is challenging
the record upon which the decision to deny or revoke was based
as provided in subsection (a-10).
(0.05) In furtherance of the policy of this Act that
the Board shall exercise its powers and duties in an
independent manner, subject to the provisions of this Act
but free from the direction, control, or influence of any
other agency or department of State government. All
expenses and liabilities incurred by the Board in the
performance of its responsibilities hereunder shall be

paid from funds which shall be appropriated to the Board
by the General Assembly for the ordinary and contingent
expenses of the Board.
(1) The Board shall consist of 7 members appointed by
the Governor, with the advice and consent of the Senate,
with 3 members residing within the First Judicial District
and one member residing within each of the 4 remaining
Judicial Districts. No more than 4 members shall be
members of the same political party. The Governor shall
designate one member as the chairperson. The Board shall
consist of:
(A) one member with at least 5 years of service as
a federal or State judge;
(B) one member with at least 5 years of experience
serving as an attorney with the United States
Department of Justice, or as a State's Attorney or
Assistant State's Attorney;
(C) one member with at least 5 years of experience
serving as a State or federal public defender or
assistant public defender;
(D) three members with at least 5 years of
experience as a federal, State, or local law
enforcement agent or as an employee with investigative
experience or duties related to criminal justice under
the United States Department of Justice, Drug
Enforcement Administration, Department of Homeland

Security, Federal Bureau of Investigation, or a State
or local law enforcement agency; and
(E) one member with at least 5 years of experience
as a licensed physician or clinical psychologist with
expertise in the diagnosis and treatment of mental
illness.
(2) The terms of the members initially appointed after
January 1, 2022 (the effective date of Public Act 102-237)
shall be as follows: one of the initial members shall be
appointed for a term of one year, 3 shall be appointed for
terms of 2 years, and 3 shall be appointed for terms of 4
years. Thereafter, members shall hold office for 4 years,
with terms expiring on the second Monday in January
immediately following the expiration of their terms and
every 4 years thereafter. Members may be reappointed.
Vacancies in the office of member shall be filled in the
same manner as the original appointment, for the remainder
of the unexpired term. The Governor may remove a member
for incompetence, neglect of duty, malfeasance, or
inability to serve. Members shall receive compensation in
an amount equal to the compensation of members of the
Executive Ethics Commission and, beginning July 1, 2023,
shall be compensated from appropriations provided to the
Comptroller for this purpose. Members may be reimbursed,
from funds appropriated for such a purpose, for reasonable
expenses actually incurred in the performance of their

Board duties. The Illinois State Police shall designate an
employee to serve as Executive Director of the Board and
provide logistical and administrative assistance to the
Board.
(3) The Board shall meet at least quarterly each year
and at the call of the chairperson as often as necessary to
consider appeals of decisions made with respect to
applications for a Firearm Owner's Identification Card
under this Act. If necessary to ensure the participation
of a member, the Board shall allow a member to participate
in a Board meeting by electronic communication. Any member
participating electronically shall be deemed present for
purposes of establishing a quorum and voting.
(4) The Board shall adopt rules for the review of
appeals and the conduct of hearings. The Board shall
maintain a record of its decisions and all materials
considered in making its decisions. All Board decisions
and voting records shall be kept confidential and all
materials considered by the Board shall be exempt from
inspection except upon order of a court.
(5) In considering an appeal, the Board shall review
the materials received concerning the denial or revocation
by the Illinois State Police. By a vote of at least 4
members, the Board may request additional information from
the Illinois State Police or the applicant or the
testimony of the Illinois State Police or the applicant.

The Board may require that the applicant submit electronic
fingerprints to the Illinois State Police for an updated
background check if the Board determines it lacks
sufficient information to determine eligibility. The Board
may consider information submitted by the Illinois State
Police, a law enforcement agency, or the applicant. The
Board shall review each denial or revocation and determine
by a majority of members whether an applicant should be
granted relief under subsection (c).
(6) The Board shall by order issue summary decisions.
The Board shall issue a decision within 45 days of
receiving all completed appeal documents from the Illinois
State Police and the applicant. However, the Board need
not issue a decision within 45 days if:
(A) the Board requests information from the
applicant, including, but not limited to, electronic
fingerprints to be submitted to the Illinois State
Police, in accordance with paragraph (5) of this
subsection, in which case the Board shall make a
decision within 30 days of receipt of the required
information from the applicant;
(B) the applicant agrees, in writing, to allow the
Board additional time to consider an appeal; or
(C) the Board notifies the applicant and the
Illinois State Police that the Board needs an
additional 30 days to issue a decision. The Board may

only issue 2 extensions under this subparagraph (C).
The Board's notification to the applicant and the
Illinois State Police shall include an explanation for
the extension.
(7) If the Board determines that the applicant is
eligible for relief under subsection (c), the Board shall
notify the applicant and the Illinois State Police that
relief has been granted and the Illinois State Police
shall issue the Card.
(8) Meetings of the Board shall not be subject to the
Open Meetings Act and records of the Board shall not be
subject to the Freedom of Information Act.
(9) The Board shall report monthly to the Governor and
the General Assembly on the number of appeals received and
provide details of the circumstances in which the Board
has determined to deny Firearm Owner's Identification
Cards under this subsection (a-5). The report shall not
contain any identifying information about the applicants.
(a-10) Whenever an applicant or cardholder is not seeking
relief from a firearms prohibition under subsection (c) but
rather does not believe the applicant is appropriately denied
or revoked and is challenging the record upon which the
decision to deny or revoke the Firearm Owner's Identification
Card was based, or whenever the Illinois State Police fails to
act on an application within 30 days of its receipt, the
applicant shall file such challenge with the Director. The

Director shall render a decision within 60 business days of
receipt of all information supporting the challenge. The
Illinois State Police shall adopt rules for the review of a
record challenge.
(b) At least 30 days before any hearing in the circuit
court, the petitioner shall serve the relevant State's
Attorney with a copy of the petition. The State's Attorney may
object to the petition and present evidence. At the hearing,
the court shall determine whether substantial justice has been
done. Should the court determine that substantial justice has
not been done, the court shall issue an order directing the
Illinois State Police to issue a Card. However, the court
shall not issue the order if the petitioner is otherwise
prohibited from obtaining, possessing, or using a firearm
under federal law.
(c) Any person prohibited from possessing a firearm under
Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
acquiring a Firearm Owner's Identification Card under Section
8 of this Act may apply to the Firearm Owner's Identification
Card Review Board or petition the circuit court in the county
where the petitioner resides, whichever is applicable in
accordance with subsection (a) of this Section, requesting
relief from such prohibition and the Board or court may grant
such relief if it is established by the applicant to the
court's or the Board's satisfaction that:
(0.05) when in the circuit court, the State's Attorney

has been served with a written copy of the petition at
least 30 days before any such hearing in the circuit court
and at the hearing the State's Attorney was afforded an
opportunity to present evidence and object to the
petition;
(1) the applicant has not been convicted of a forcible
felony under the laws of this State or any other
jurisdiction within 20 years of the applicant's
application for a Firearm Owner's Identification Card, or
at least 20 years have passed since the end of any period
of imprisonment imposed in relation to that conviction;
(2) the circumstances regarding a criminal conviction,
where applicable, the applicant's criminal history and his
reputation are such that the applicant will not be likely
to act in a manner dangerous to public safety;
(3) granting relief would not be contrary to the
public interest; and
(4) granting relief would not be contrary to federal
law.
(c-5) (1) An active law enforcement officer employed by a
unit of government or a Department of Corrections employee
authorized to possess firearms who is denied, revoked, or has
his or her Firearm Owner's Identification Card seized under
subsection (e) of Section 8 of this Act may apply to the
Firearm Owner's Identification Card Review Board requesting
relief if the officer or employee did not act in a manner

threatening to the officer or employee, another person, or the
public as determined by the treating clinical psychologist or
physician, and as a result of his or her work is referred by
the employer for or voluntarily seeks mental health evaluation
or treatment by a licensed clinical psychologist,
psychiatrist, or qualified examiner, and:
(A) the officer or employee has not received treatment
involuntarily at a mental health facility, regardless of
the length of admission; or has not been voluntarily
admitted to a mental health facility for more than 30 days
and not for more than one incident within the past 5 years;
and
(B) the officer or employee has not left the mental
institution against medical advice.
(2) The Firearm Owner's Identification Card Review Board
shall grant expedited relief to active law enforcement
officers and employees described in paragraph (1) of this
subsection (c-5) upon a determination by the Board that the
officer's or employee's possession of a firearm does not
present a threat to themselves, others, or public safety. The
Board shall act on the request for relief within 30 business
days of receipt of:
(A) a notarized statement from the officer or employee
in the form prescribed by the Board detailing the
circumstances that led to the hospitalization;
(B) all documentation regarding the admission,

evaluation, treatment and discharge from the treating
licensed clinical psychologist or psychiatrist of the
officer;
(C) a psychological fitness for duty evaluation of the
person completed after the time of discharge; and
(D) written confirmation in the form prescribed by the
Board from the treating licensed clinical psychologist or
psychiatrist that the provisions set forth in paragraph
(1) of this subsection (c-5) have been met, the person
successfully completed treatment, and their professional
opinion regarding the person's ability to possess
firearms.
(3) Officers and employees eligible for the expedited
relief in paragraph (2) of this subsection (c-5) have the
burden of proof on eligibility and must provide all
information required. The Board may not consider granting
expedited relief until the proof and information is received.
(4) "Clinical psychologist", "psychiatrist", and
"qualified examiner" shall have the same meaning as provided
in Chapter I of the Mental Health and Developmental
Disabilities Code.
(c-10) (1) An applicant, who is denied, revoked, or has
his or her Firearm Owner's Identification Card seized under
subsection (e) of Section 8 of this Act based upon a
determination of a developmental disability or an intellectual
disability may apply to the Firearm Owner's Identification

Card Review Board requesting relief.
(2) The Board shall act on the request for relief within 60
business days of receipt of written certification, in the form
prescribed by the Board, from a physician or clinical
psychologist, or qualified examiner, that the aggrieved
party's developmental disability or intellectual disability
condition is determined by a physician, clinical psychologist,
or qualified to be mild. If a fact-finding conference is
scheduled to obtain additional information concerning the
circumstances of the denial or revocation, the 60 business
days the Director has to act shall be tolled until the
completion of the fact-finding conference.
(3) The Board may grant relief if the aggrieved party's
developmental disability or intellectual disability is mild as
determined by a physician, clinical psychologist, or qualified
examiner and it is established by the applicant to the Board's
satisfaction that:
(A) granting relief would not be contrary to the
public interest; and
(B) granting relief would not be contrary to federal
law.
(4) The Board may not grant relief if the condition is
determined by a physician, clinical psychologist, or qualified
examiner to be moderate, severe, or profound.
(5) The changes made to this Section by Public Act 99-29
apply to requests for relief pending on or before July 10, 2015

(the effective date of Public Act 99-29), except that the
60-day period for the Director to act on requests pending
before the effective date shall begin on July 10, 2015 (the
effective date of Public Act 99-29). All appeals as provided
in subsection (a-5) pending on January 1, 2023 shall be
considered by the Board.
(d) When a minor is adjudicated delinquent for an offense
which if committed by an adult would be a felony, the court
shall notify the Illinois State Police.
(e) The court shall review the denial of an application or
the revocation of a Firearm Owner's Identification Card of a
person who has been adjudicated delinquent for an offense that
if committed by an adult would be a felony if an application
for relief has been filed at least 10 years after the
adjudication of delinquency and the court determines that the
applicant should be granted relief from disability to obtain a
Firearm Owner's Identification Card. If the court grants
relief, the court shall notify the Illinois State Police that
the disability has been removed and that the applicant is
eligible to obtain a Firearm Owner's Identification Card.
(f) Any person who is subject to the disabilities of 18
U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
of 1968 because of an adjudication or commitment that occurred
under the laws of this State or who was determined to be
subject to the provisions of subsections (e), (f), or (g) of
Section 8 of this Act may apply to the Illinois State Police

requesting relief from that prohibition. The Board shall grant
the relief if it is established by a preponderance of the
evidence that the person will not be likely to act in a manner
dangerous to public safety and that granting relief would not
be contrary to the public interest. In making this
determination, the Board shall receive evidence concerning (i)
the circumstances regarding the firearms disabilities from
which relief is sought; (ii) the petitioner's mental health
and criminal history records, if any; (iii) the petitioner's
reputation, developed at a minimum through character witness
statements, testimony, or other character evidence; and (iv)
changes in the petitioner's condition or circumstances since
the disqualifying events relevant to the relief sought. If
relief is granted under this subsection or by order of a court
under this Section, the Director shall as soon as practicable
but in no case later than 15 business days, update, correct,
modify, or remove the person's record in any database that the
Illinois State Police makes available to the National Instant
Criminal Background Check System and notify the United States
Attorney General that the basis for the record being made
available no longer applies. The Illinois State Police shall
adopt rules for the administration of this Section.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-645, eff. 1-1-22; 102-813, eff. 5-13-22.)
ARTICLE 15

Section 15-5. The Civil Administrative Code of Illinois is
amended by changing Sections 5-120, 5-300, 5-310, 5-315,
5-320, 5-325, 5-330, 5-335, 5-340, 5-345, 5-350, 5-355, 5-357,
5-360, 5-362, 5-365, 5-375, 5-395, 5-400, 5-405, 5-410, 5-415,
and 5-420 as follows:
(20 ILCS 5/5-120) (was 20 ILCS 5/5.13g)
Sec. 5-120. In the Department of Commerce and Economic
Opportunity. Two Assistant Directors Director of Commerce and
Economic Opportunity.
(Source: P.A. 93-25, eff. 6-20-03.)
(20 ILCS 5/5-300) (was 20 ILCS 5/9)
Sec. 5-300. Officers' qualifications and salaries. The
executive and administrative officers, whose offices are
created by this Act, must have the qualifications prescribed
by law and shall receive annual salaries, payable in equal
monthly installments, as designated in the Sections following
this Section and preceding Section 5-500. If set by the
Governor, those annual salaries may not exceed 85% of the
Governor's annual salary. Notwithstanding any other provision
of law, for terms beginning after January 18, 2019 (the
effective date of Public Act 100-1179) and before January 16,
2023 this amendatory Act of the 100th General Assembly, the
annual salary of the director or secretary and assistant

director or assistant secretary of each department created
under Section 5-15 shall be an amount equal to 15% more than
the annual salary of the respective officer in effect as of
December 31, 2018. The calculation of the 2018 salary base for
this adjustment shall not include any cost of living
adjustments, as authorized by Senate Joint Resolution 192 of
the 86th General Assembly, for the period beginning July 1,
2009 to June 30, 2019. Beginning July 1, 2019 and each July 1
thereafter, the directors, secretaries, assistant directors,
and assistant secretaries shall receive an increase in salary
based on a cost of living adjustment as authorized by Senate
Joint Resolution 192 of the 86th General Assembly.
Notwithstanding any other provision of law, for terms
beginning on or after January 16, 2023, the directors,
secretaries, assistant directors, and assistant secretaries
shall receive annual salaries, payable in equal monthly
installments, and increases in salary, as designated in the
Sections following this Section and preceding Section 5-500.
(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-310) (was 20 ILCS 5/9.21)
Sec. 5-310. In the Department on Aging. For terms
beginning on or after January 16, 2023, the Director of Aging
shall receive an annual salary of $165,000 or as set by the
Governor, whichever is higher. On July 1, 2023, and on each
July 1 thereafter, the Director shall receive an increase in

salary based on a cost of living adjustment as authorized by
Senate Joint Resolution 192 of the 86th General Assembly. For
terms ending before December 31, 2019, the Director of Aging
shall receive an annual salary as set by the Compensation
Review Board.
(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-315) (was 20 ILCS 5/9.02)
Sec. 5-315. In the Department of Agriculture. For terms
beginning on or after January 16, 2023, the Director of
Agriculture shall receive an annual salary of $180,000 or as
set by the Governor, whichever is higher. On July 1, 2023, and
on each July 1 thereafter, the Director shall receive an
increase in salary based on a cost of living adjustment as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly. For terms ending before December 31, 2019, the
Director of Agriculture shall receive an annual salary as set
by the Compensation Review Board.
For terms beginning on or after January 16, 2023, the
Assistant Director of Agriculture shall receive an annual
salary of $156,600 or as set by the Governor, whichever is
higher. On July 1, 2023, and on each July 1 thereafter, the
Assistant Director of Agriculture shall receive an increase in
salary based on a cost of living adjustment as authorized by
Senate Joint Resolution 192 of the 86th General Assembly.
For terms ending before December 31, 2019, the Assistant

Director of Agriculture shall receive an annual salary as set
by the Compensation Review Board.
(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-320) (was 20 ILCS 5/9.19)
Sec. 5-320. In the Department of Central Management
Services. For terms beginning on or after January 16, 2023,
the Director of Central Management Services shall receive an
annual salary of $195,000 or as set by the Governor, whichever
is higher. On July 1, 2023, and on each July 1 thereafter, the
Director of Central Management Services shall receive an
increase in salary based on a cost of living adjustment as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly. For terms ending before December 31, 2019, the
Director of Central Management Services shall receive an
annual salary as set by the Compensation Review Board.
For terms beginning on or after January 16, 2023, each
Assistant Director of Central Management Services shall
receive an annual salary of $165,750 or as set by the Governor,
whichever is higher. On July 1, 2023, and on each July 1
thereafter, the Assistant Directors shall receive an increase
in salary based on a cost of living adjustment as authorized by
Senate Joint Resolution 192 of the 86th General Assembly. For
terms ending before December 31, 2019, each Assistant Director
of Central Management Services shall receive an annual salary
as set by the Compensation Review Board.

(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-325) (was 20 ILCS 5/9.16)
Sec. 5-325. In the Department of Children and Family
Services. For terms beginning on or after January 16, 2023,
the Director of Children and Family Services shall receive an
annual salary of $200,000 or as set by the Governor, whichever
is higher. On July 1, 2023, and on each July 1 thereafter, the
Director shall receive an increase in salary based on a cost of
living adjustment as authorized by Senate Joint Resolution 192
of the 86th General Assembly. For terms ending before December
31, 2019, the Director of Children and Family Services shall
receive an annual salary as set by the Compensation Review
Board.
(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-330) (was 20 ILCS 5/9.18)
Sec. 5-330. In the Department of Commerce and Economic
Opportunity. For terms beginning on or after January 16, 2023,
the Director of Commerce and Economic Opportunity shall
receive an annual salary of $195,000 or as set by the Governor,
whichever is higher. On July 1, 2023, and on each July 1
thereafter, the Director shall receive an increase in salary
based on a cost of living adjustment as authorized by Senate
Joint Resolution 192 of the 86th General Assembly. For terms
ending before December 31, 2019, the Director of Commerce and

Economic Opportunity shall receive an annual salary as set by
the Compensation Review Board.
For terms beginning on or after January 16, 2023, each
Assistant Director of Commerce and Economic Opportunity shall
receive an annual salary of $165,750 or as set by the Governor,
whichever is higher. On July 1, 2023, and on each July 1
thereafter, the Assistant Directors shall receive an increase
in salary based on a cost of living adjustment as authorized by
Senate Joint Resolution 192 of the 86th General Assembly. For
terms ending before December 31, 2019, the Assistant Director
of Commerce and Economic Opportunity shall receive an annual
salary as set by the Compensation Review Board.
(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-335) (was 20 ILCS 5/9.11a)
Sec. 5-335. In the Department of Corrections. For terms
beginning on or after January 16, 2023, the Director of
Corrections shall receive an annual salary of $200,000 or as
set by the Governor, whichever is higher. On July 1, 2023, and
on each July 1 thereafter, the Director shall receive an
increase in salary based on a cost of living adjustment as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly. For terms ending before December 31, 2019, the
Director of Corrections shall receive an annual salary as set
by the Compensation Review Board.
For terms beginning on or after January 16, 2023, the

Assistant Director of Corrections shall receive an annual
salary of $170,000 or as set by the Governor, whichever is
higher. On July 1, 2023, and on each July 1 thereafter, the
Assistant Director shall receive an increase in salary based
on a cost of living adjustment as authorized by Senate Joint
Resolution 192 of the 86th General Assembly. For terms ending
before December 31, 2019, the Assistant Director of
Corrections shall receive an annual salary as set by the
Compensation Review Board for the Assistant Director of
Corrections-Adult Division.
(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-340) (was 20 ILCS 5/9.30)
Sec. 5-340. In the Department of Employment Security. For
terms beginning on or after January 16, 2023, the Director of
Employment Security shall receive an annual salary of $195,000
or as set by the Governor, whichever is higher. On July 1,
2023, and on each July 1 thereafter, the Director shall
receive an increase in salary based on a cost of living
adjustment as authorized by Senate Joint Resolution 192 of the
86th General Assembly. For terms ending before December 31,
2019, the Director of Employment Security shall receive an
annual salary as set by the Compensation Review Board.
Each member of the Board of Review shall receive $15,000.
(Source: P.A. 100-1179, eff. 1-18-19.)

(20 ILCS 5/5-345) (was 20 ILCS 5/9.15)
Sec. 5-345. In the Department of Financial and
Professional Regulation. For terms beginning on or after
January 16, 2023, the Secretary of Financial and Professional
Regulation shall receive an annual salary of $195,000 or as
set by the Governor, whichever is higher. On July 1, 2023, and
on each July 1 thereafter, the Secretary shall receive an
increase in salary based on a cost of living adjustment as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly. For terms ending before December 31, 2019, the
Secretary of Financial and Professional Regulation shall
receive an annual salary as set by the Compensation Review
Board.
For terms beginning on or after January 16, 2023, the
Director of Financial Institutions, the Director of
Professional Regulation, the Director of Banking, and the
Director of Real Estate shall each receive an annual salary of
$180,000 or as set by the Governor, whichever is higher. On
July 1, 2023, and on each July 1 thereafter, the Directors
shall receive an increase in salary based on a cost of living
adjustment as authorized by Senate Joint Resolution 192 of the
86th General Assembly. For terms ending before December 31,
2019, the Director of Financial Institutions, the Director of
Professional Regulation, the Director of Banking, and the
Director of Real Estate shall receive an annual salary as set
by the Compensation Review Board.

(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-350) (was 20 ILCS 5/9.24)
Sec. 5-350. In the Department of Human Rights. For terms
beginning on or after January 16, 2023, the Director of Human
Rights shall receive an annual salary of $165,000 or as set by
the Governor, whichever is higher. On July 1, 2023, and on each
July 1 thereafter, the Director shall receive an increase in
salary based on a cost of living adjustment as authorized by
Senate Joint Resolution 192 of the 86th General Assembly. For
terms ending before December 31, 2019, the Director of Human
Rights shall receive an annual salary as set by the
Compensation Review Board.
(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-355) (was 20 ILCS 5/9.05a)
Sec. 5-355. In the Department of Human Services. For terms
beginning on or after January 16, 2023, the Secretary of Human
Services shall receive an annual salary of $200,000 or as set
by the Governor, whichever is higher. On July 1, 2023, and on
each July 1 thereafter, the Secretary shall receive an
increase in salary based on a cost of living adjustment as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly. For terms ending before December 31, 2019, the
Secretary of Human Services shall receive an annual salary as
set by the Compensation Review Board.

For terms beginning on or after January 16, 2023, the
Assistant Secretaries of Human Services shall receive an
annual salary of $170,000 or as set by the Governor, whichever
is higher. On July 1, 2023, and on each July 1 thereafter, the
Assistant Secretaries shall receive an increase in salary
based on a cost of living adjustment as authorized by Senate
Joint Resolution 192 of the 86th General Assembly. For terms
ending before December 31, 2019, the Assistant Secretaries of
Human Services shall each receive an annual salary as set by
the Compensation Review Board.
(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-357)
Sec. 5-357. In the Department of Innovation and
Technology. Notwithstanding any other provision of law, for
terms beginning on or after January 16, 2023, the Secretary of
Innovation and Technology shall receive an annual salary of
$200,000 or as set by the Governor, whichever is higher, and
the Assistant Secretary of Innovation and Technology shall
receive an annual salary of $170,000 or as set by the Governor,
whichever is higher. On July 1, 2023, and on each July 1
thereafter, the Secretary and the Assistant Secretary shall
each receive an increase in salary based on a cost of living
adjustment as authorized by Senate Joint Resolution 192 of the
86th General Assembly. The Secretary of Innovation and
Technology and the Assistant Secretary of Innovation and

Technology shall each receive an annual salary as set by law.
(Source: P.A. 100-611, eff. 7-20-18.)
(20 ILCS 5/5-360) (was 20 ILCS 5/9.10)
Sec. 5-360. In the Department of Insurance. For terms
beginning on or after January 16, 2023, the Director of
Insurance shall receive an annual salary of $180,000 or as set
by the Governor, whichever is higher. On July 1, 2023, and on
each July 1 thereafter, the Director shall receive an increase
in salary based on a cost of living adjustment as authorized by
Senate Joint Resolution 192 of the 86th General Assembly. For
terms ending before December 31, 2019, the Director of
Insurance shall receive an annual salary as set by the
Compensation Review Board.
For terms beginning on or after January 16, 2023, the
Assistant Director of Insurance shall receive an annual salary
of $156,600 or as set by the Governor, whichever is higher. On
July 1, 2023, and on each July 1 thereafter, the Director shall
receive an increase in salary based on a cost of living
adjustment as authorized by Senate Joint Resolution 192 of the
86th General Assembly. For terms ending before December 31,
2019, the Assistant Director of Insurance shall receive an
annual salary as set by the Compensation Review Board.
(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-362)

Sec. 5-362. In the Department of Juvenile Justice. For
terms beginning on or after January 16, 2023, the Director of
Juvenile Justice shall receive an annual salary of $165,000 or
as set by the Governor, whichever is higher. On July 1, 2023,
and on each July 1 thereafter, the Director shall receive an
increase in salary based on a cost of living adjustment as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly. For terms ending before December 31, 2019, the
Director of Juvenile Justice shall receive an annual salary as
set by the Compensation Review Board.
(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-365) (was 20 ILCS 5/9.03)
Sec. 5-365. In the Department of Labor. For terms
beginning on or after January 16, 2023, the Director of Labor
shall receive an annual salary of $180,000 or as set by the
Governor, whichever is higher. On July 1, 2023, and on each
July 1 thereafter, the Director shall receive an increase in
salary based on a cost of living adjustment as authorized by
Senate Joint Resolution 192 of the 86th General Assembly. For
terms ending before December 31, 2019, the Director of Labor
shall receive an annual salary as set by the Compensation
Review Board.
For terms beginning on or after January 16, 2023, the
Assistant Director of Labor shall receive an annual salary of
$156,600 or as set by the Governor, whichever is higher. On

July 1, 2023, and on each July 1 thereafter, the Assistant
Director shall receive an increase in salary based on a cost of
living adjustment as authorized by Senate Joint Resolution 192
of the 86th General Assembly. For terms ending before December
31, 2019, the Assistant Director of Labor shall receive an
annual salary as set by the Compensation Review Board.
The Chief Safety Inspector shall receive $24,700 from the
third Monday in January, 1979 to the third Monday in January,
1980, and $25,000 thereafter, or as set by the Compensation
Review Board, whichever is greater.
The Superintendent of Occupational Safety and Health shall
receive $27,500, or as set by the Compensation Review Board,
whichever is greater.
The Superintendent of Women's and Children's Employment
shall receive $22,000 from the third Monday in January, 1979
to the third Monday in January, 1980, and $22,500 thereafter,
or as set by the Compensation Review Board, whichever is
greater.
(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-375) (was 20 ILCS 5/9.09)
Sec. 5-375. In the Department of Natural Resources. For
terms beginning on or after January 16, 2023, the Director of
Natural Resources shall receive an annual salary of $180,000
or as set by the Governor, whichever is higher. On July 1,
2023, and on each July 1 thereafter, the Director shall

receive an increase in salary based on a cost of living
adjustment as authorized by Senate Joint Resolution 192 of the
86th General Assembly. For terms ending before December 31,
2019, the Director of Natural Resources shall receive an
annual salary as set by the Compensation Review Board.
For terms beginning on or after January 16, 2023, the
Assistant Director of Natural Resources shall receive an
annual salary of $156,600 or as set by the Governor, whichever
is higher. On July 1, 2023, and on each July 1 thereafter, the
Assistant Director shall receive an increase in salary based
on a cost of living adjustment as authorized by Senate Joint
Resolution 192 of the 86th General Assembly. For terms ending
before December 31, 2019, the Assistant Director of Natural
Resources shall receive an annual salary as set by the
Compensation Review Board.
(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-395) (was 20 ILCS 5/9.17)
Sec. 5-395. In the Department of Healthcare and Family
Services. For terms beginning on or after January 16, 2023,
the Director of Healthcare and Family Services shall receive
an annual salary of $195,000 or as set by the Governor,
whichever is higher. On July 1, 2023, and on each July 1
thereafter, the Director shall receive an increase in salary
based on a cost of living adjustment as authorized by Senate
Joint Resolution 192 of the 86th General Assembly. For terms

ending before December 31, 2019, the Director of Healthcare
and Family Services shall receive an annual salary as set by
the Compensation Review Board.
For terms beginning on or after January 16, 2023, the
Assistant Director shall receive an annual salary of $165,750
or as set by the Governor, whichever is higher. On July 1,
2023, and on each July 1 thereafter, the Assistant Director
shall receive an increase in salary based on a cost of living
adjustment as authorized by Senate Joint Resolution 192 of the
86th General Assembly. For terms ending before December 31,
2019, the Assistant Director of Healthcare and Family Services
shall receive an annual salary as set by the Compensation
Review Board.
(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-400) (was 20 ILCS 5/9.07)
Sec. 5-400. In the Department of Public Health. For terms
beginning on or after January 16, 2023, the Director of Public
Health shall receive an annual salary of $200,000 or as set by
the Governor, whichever is higher. On July 1, 2023, and on each
July 1 thereafter, the Director shall receive an increase in
salary based on a cost of living adjustment as authorized by
Senate Joint Resolution 192 of the 86th General Assembly. For
terms ending before December 31, 2019, the Director of Public
Health shall receive an annual salary as set by the
Compensation Review Board.

For terms beginning on or after January 16, 2023, the
Assistant Director shall receive an annual salary of $170,000
or as set by the Governor, whichever is higher. On July 1,
2023, and on each July 1 thereafter, the Assistant Director
shall receive an increase in salary based on a cost of living
adjustment as authorized by Senate Joint Resolution 192 of the
86th General Assembly. For terms ending before December 31,
2019, the Assistant Director of Public Health shall receive an
annual salary as set by the Compensation Review Board.
(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-405) (was 20 ILCS 5/9.12)
Sec. 5-405. In the Department of Revenue. For terms
beginning on or after January 16, 2023, the Director of
Revenue shall receive an annual salary of $195,000 or as set by
the Governor, whichever is higher. On July 1, 2023, and on each
July 1 thereafter, the Director shall receive an increase in
salary based on a cost of living adjustment as authorized by
Senate Joint Resolution 192 of the 86th General Assembly. For
terms ending before December 31, 2019, the Director of Revenue
shall receive an annual salary as set by the Compensation
Review Board.
For terms beginning on or after January 16, 2023, the
Assistant Director of Revenue shall receive an annual salary
of $165,750 or as set by the Governor, whichever is higher. On
July 1, 2023, and on each July 1 thereafter, the Assistant

Director shall receive an increase in salary based on a cost of
living adjustment as authorized by Senate Joint Resolution 192
of the 86th General Assembly. For terms ending before December
31, 2019, the Assistant Director of Revenue shall receive an
annual salary as set by the Compensation Review Board.
(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-410) (was 20 ILCS 5/9.11)
Sec. 5-410. In the Illinois State Police. For terms
beginning on or after January 16, 2023, the Director of the
Illinois State Police shall receive an annual salary of
$200,000 or as set by the Governor, whichever is higher. On
July 1, 2023, and on each July 1 thereafter, the Director shall
receive an increase in salary based on a cost of living
adjustment as authorized by Senate Joint Resolution 192 of the
86th General Assembly. For terms ending before December 31,
2019, the Director of the Illinois State Police shall receive
an annual salary as set by the Compensation Review Board.
F
(Source: P.A. 102-538, eff. 8-20-21; revised 12-16-22.)
(20 ILCS 5/5-415) (was 20 ILCS 5/9.05)
Sec. 5-415. In the Department of Transportation. For terms
beginning on or after January 16, 2023, the Secretary of
Transportation shall receive an annual salary of $200,000 or
as set by the Governor, whichever is higher. On July 1, 2023,

and on each July 1 thereafter, the Secretary shall receive an
increase in salary based on a cost of living adjustment as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly. For terms ending before December 31, 2019, the
Secretary of Transportation shall receive an annual salary as
set by the Compensation Review Board.
For terms beginning on or after January 16, 2023, the
Assistant Secretary of Transportation shall receive an annual
salary of $170,000 or as set by the Governor, whichever is
higher. On July 1, 2023, and on each July 1 thereafter, the
Assistant Secretary shall receive an increase in salary based
on a cost of living adjustment as authorized by Senate Joint
Resolution 192 of the 86th General Assembly. For terms ending
before December 31, 2019, the Assistant Secretary of
Transportation shall receive an annual salary as set by the
Compensation Review Board.
(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-420) (was 20 ILCS 5/9.22)
Sec. 5-420. In the Department of Veterans' Affairs. For
terms beginning on or after January 16, 2023, the Director of
Veterans' Affairs shall receive an annual salary of $200,000
or as set by the Governor, whichever is higher. On July 1,
2023, and on each July 1 thereafter, the Director shall
receive an increase in salary based on a cost of living
adjustment as authorized by Senate Joint Resolution 192 of the

86th General Assembly. For terms ending before December 31,
2019, the Director of Veterans' Affairs shall receive an
annual salary as set by the Compensation Review Board.
For terms beginning on or after January 16, 2023, the
Assistant Director of Veterans' Affairs shall receive an
annual salary of $170,000 or as set by the Governor, whichever
is higher. On July 1, 2023, and on each July 1 thereafter, the
Assistant Director shall receive an increase in salary based
on a cost of living adjustment as authorized by Senate Joint
Resolution 192 of the 86th General Assembly. For terms ending
before December 31, 2019, the Assistant Director of Veterans'
Affairs shall receive an annual salary as set by the
Compensation Review Board.
(Source: P.A. 100-1179, eff. 1-18-19.)
Section 15-10. The Electric Vehicle Act is amended by
changing Section 15 as follows:
(20 ILCS 627/15)
Sec. 15. Electric Vehicle Coordinator. The Governor, with
the advice and consent of the Senate, shall appoint a person
within the Illinois Environmental Protection Agency to serve
as the Electric Vehicle Coordinator for the State of Illinois.
This person may be an existing employee with other duties. The
Electric Vehicle Coordinator shall receive an annual salary as
set by the Governor and beginning July 1, 2022 shall be

compensated from appropriations provided made to the
Comptroller for this purpose. On July 1, 2023 and each July 1
thereafter, the Electric Vehicle Coordinator shall receive an
increase in salary based on a cost of living adjustment as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly. This person may be an existing employee with other
duties. The Coordinator shall act as a point person for
electric vehicle-related and electric vehicle charging-related
policies and activities in Illinois, including, but not
limited to, the issuance of electric vehicle rebates for
consumers and electric vehicle charging rebates for
organizations and companies.
(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21;
102-699, eff. 4-19-22.)
Section 15-15. The Illinois Lottery Law is amended by
changing Section 5 as follows:
(20 ILCS 1605/5) (from Ch. 120, par. 1155)
Sec. 5. (a) The Department shall be under the supervision
and direction of a Director, who shall be a person qualified by
training and experience to perform the duties required by this
Act. The Director shall be appointed by the Governor, by and
with the advice and consent of the Senate. The term of office
of the Director shall expire on the third Monday of January in
odd numbered years provided that he or she shall hold office

until a successor is appointed and qualified. For terms ending
before December 31, 2019, the annual salary of the Director is
$142,000. For terms beginning after January 18, 2019 (the
effective date of Public Act 100-1179) and before January 16,
2023 this amendatory Act of the 100th General Assembly, the
annual salary of the Director shall be as provided in Section
5-300 of the Civil Administrative Code of Illinois.
Notwithstanding any other provision of law, for terms
beginning on or after January 16, 2023, the Director shall
receive an annual salary of $180,000 or as set by the Governor,
whichever is higher. On July 1, 2023, and on each July 1
thereafter, the Director shall receive an increase in salary
based on a cost of living adjustment as authorized by Senate
Joint Resolution 192 of the 86th General Assembly.
Any vacancy occurring in the office of the Director shall
be filled in the same manner as the original appointment. In
case of a vacancy during the recess of the Senate, the Governor
shall make a temporary appointment until the next meeting of
the Senate, when the Governor shall nominate some person to
fill the office, and any person so nominated who is confirmed
by the Senate shall hold office during the remainder of the
term and until his or her successor is appointed and
qualified.
During the absence or inability to act of the Director, or
in the case of a vacancy in the office of Director until a
successor is appointed and qualified, the Governor may

designate some person as Acting Director of the Lottery to
execute the powers and discharge the duties vested by law in
that office. A person who is designated as an Acting Director
shall not continue in office for more than 60 calendar days
unless the Governor files a message with the Secretary of the
Senate nominating that person to fill the office. After 60
calendar days, the office is considered vacant and shall be
filled only under this Section. No person who has been
appointed by the Governor to serve as Acting Director shall,
except at the Senate's request, be designated again as an
Acting Director at the same session of that Senate, subject to
the provisions of this Section. A person appointed as an
Acting Director is not required to meet the requirements of
paragraph (1) of subsection (b) of this Section. In no case may
the Governor designate a person to serve as Acting Director if
that person has prior to the effective date of this amendatory
Act of the 97th General Assembly exercised any of the duties
and functions of the office of Director without having been
nominated by the Governor to serve as Director.
(b) The Director shall devote his or her entire time and
attention to the duties of the office and shall not be engaged
in any other profession or occupation.
The Director shall:
(1) be qualified by training and experience to direct
a lottery, including, at a minimum, 5 years of senior
executive-level experience in the successful advertising,

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

changing Section 17 as follows:
(20 ILCS 1805/17) (from Ch. 129, par. 220.17)
Sec. 17. The Adjutant General and the Assistant Adjutants
General shall give their entire time to their military duties.
For terms ending before December 31, 2019, the Adjutant
General shall receive an annual salary as set by the
Compensation Review Board, and each Assistant Adjutant General
shall receive an annual salary as set by the Compensation
Review Board. For terms beginning after January 18, 2019 (the
effective date of Public Act 100-1179) and before January 16,
2023 this amendatory Act of the 100th General Assembly, the
annual salaries for the Adjutant General and the Assistant
Adjutants General shall be an amount equal to 15% more than the
respective officer's annual salary as of December 31, 2018.
The calculation of the 2018 salary base for this adjustment
shall not include any cost of living adjustments, as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly, for the period beginning July 1, 2009 to June 30,
2019. On Beginning July 1, 2019 and each July 1 thereafter
through July 1, 2022, the Adjutant General and the Assistant
Adjutants General shall receive an increase in salary based on
a cost of living adjustment as authorized by Senate Joint
Resolution 192 of the 86th General Assembly.
Notwithstanding any other provision of law, for terms
beginning on or after January 16, 2023, the Adjutant General

shall receive an annual salary of $165,000 or as set by the
Governor, whichever is higher. On July 1, 2023, and on each
July 1 thereafter, the Adjutant General shall receive an
increase in salary based on a cost of living adjustment as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly.
Notwithstanding any other provision of law, for terms
beginning on or after January 16, 2023, the Assistant
Adjutants General shall receive an annual salary of $140,250
or as set by the Governor, whichever is higher. On July 1,
2023, and on each July 1 thereafter, the Assistant Adjutants
General shall receive an increase in salary based on a cost of
living adjustment as authorized by Senate Joint Resolution 192
of the 86th General Assembly.
(Source: P.A. 100-1179, eff. 1-18-19.)
Section 15-25. The State Fire Marshal Act is amended by
changing Section 1 as follows:
(20 ILCS 2905/1) (from Ch. 127 1/2, par. 1)
Sec. 1. There is hereby created the Office of the State
Fire Marshal, hereinafter referred to as the Office.
The Office shall be under an executive director who shall
be appointed by the Governor with the advice and consent of the
Senate.
The executive director of the Office shall be known as the

State Fire Marshal. For terms ending before December 31, 2019,
the State Fire Marshal shall receive an annual salary as set by
the Compensation Review Board. For terms beginning after
January 18, 2019 (the effective date of Public Act 100-1179)
and before January 16, 2023 this amendatory Act of the 100th
General Assembly, the State Fire Marshal's annual salary shall
be an amount equal to 15% more than the State Fire Marshal's
annual salary as of December 31, 2018. The calculation of the
2018 salary base for this adjustment shall not include any
cost of living adjustments, as authorized by Senate Joint
Resolution 192 of the 86th General Assembly, for the period
beginning July 1, 2009 to June 30, 2019. On Beginning July 1,
2019 and each July 1 thereafter through July 1, 2022, the State
Fire Marshal shall receive an increase in salary based on a
cost of living adjustment as authorized by Senate Joint
Resolution 192 of the 86th General Assembly.
Notwithstanding any other provision of law, for terms
beginning on or after January 16, 2023, the State Fire Marshal
shall receive an annual salary of $165,000 or as set by the
Governor, whichever is higher. On July 1, 2023, and on each
July 1 thereafter, the State Fire Marshal shall receive an
increase in salary based on a cost of living adjustment as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly.
The Office of the State Fire Marshal shall have a division
that shall assume the duties of the Division of Fire

Prevention, Department of Law Enforcement, and a division that
shall assume the duties of Illinois Fire Protection Personnel
Standards and Education Commission. Each division shall be
headed by a division manager who shall be employed by the Fire
Marshal, subject to the Personnel Code, and shall be
responsible to the Fire Marshal.
(Source: P.A. 100-1179, eff. 1-18-19.)
Section 15-30. The Illinois Emergency Management Agency
Act is amended by changing Section 5 as follows:
(20 ILCS 3305/5) (from Ch. 127, par. 1055)
Sec. 5. Illinois Emergency Management Agency.
(a) There is created within the executive branch of the
State Government an Illinois Emergency Management Agency and a
Director of the Illinois Emergency Management Agency, herein
called the "Director" who shall be the head thereof. The
Director shall be appointed by the Governor, with the advice
and consent of the Senate, and shall serve for a term of 2
years beginning on the third Monday in January of the
odd-numbered year, and until a successor is appointed and has
qualified; except that the term of the first Director
appointed under this Act shall expire on the third Monday in
January, 1989. The Director shall not hold any other
remunerative public office. For terms ending before December
31, 2019, the Director shall receive an annual salary as set by

the Compensation Review Board. For terms beginning after
January 18, 2019 (the effective date of Public Act 100-1179)
and before January 16, 2023, the annual salary of the Director
shall be as provided in Section 5-300 of the Civil
Administrative Code of Illinois. Notwithstanding any other
provision of law, for terms beginning on or after January 16,
2023, the Director shall receive an annual salary of $180,000
or as set by the Governor, whichever is higher. On July 1,
2023, and on each July 1 thereafter, the Director shall
receive an increase in salary based on a cost of living
adjustment as authorized by Senate Joint Resolution 192 of the
86th General Assembly.
For terms beginning on or after January 16, 2023, the
Assistant Director of the Illinois Emergency Management Agency
shall receive an annual salary of $156,600 or as set by the
Governor, whichever is higher. On July 1, 2023, and on each
July 1 thereafter, the Assistant Director shall receive an
increase in salary based on a cost of living adjustment as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly.
(b) The Illinois Emergency Management Agency shall obtain,
under the provisions of the Personnel Code, technical,
clerical, stenographic and other administrative personnel, and
may make expenditures within the appropriation therefor as may
be necessary to carry out the purpose of this Act. The agency
created by this Act is intended to be a successor to the agency

created under the Illinois Emergency Services and Disaster
Agency Act of 1975 and the personnel, equipment, records, and
appropriations of that agency are transferred to the successor
agency as of June 30, 1988 (the effective date of this Act).
(c) The Director, subject to the direction and control of
the Governor, shall be the executive head of the Illinois
Emergency Management Agency and the State Emergency Response
Commission and shall be responsible under the direction of the
Governor, for carrying out the program for emergency
management of this State. The Director shall also maintain
liaison and cooperate with the emergency management
organizations of this State and other states and of the
federal government.
(d) The Illinois Emergency Management Agency shall take an
integral part in the development and revision of political
subdivision emergency operations plans prepared under
paragraph (f) of Section 10. To this end it shall employ or
otherwise secure the services of professional and technical
personnel capable of providing expert assistance to the
emergency services and disaster agencies. These personnel
shall consult with emergency services and disaster agencies on
a regular basis and shall make field examinations of the
areas, circumstances, and conditions that particular political
subdivision emergency operations plans are intended to apply.
(e) The Illinois Emergency Management Agency and political
subdivisions shall be encouraged to form an emergency

management advisory committee composed of private and public
personnel representing the emergency management phases of
mitigation, preparedness, response, and recovery. The Local
Emergency Planning Committee, as created under the Illinois
Emergency Planning and Community Right to Know Act, shall
serve as an advisory committee to the emergency services and
disaster agency or agencies serving within the boundaries of
that Local Emergency Planning Committee planning district for:
(1) the development of emergency operations plan
provisions for hazardous chemical emergencies; and
(2) the assessment of emergency response capabilities
related to hazardous chemical emergencies.
(f) The Illinois Emergency Management Agency shall:
(1) Coordinate the overall emergency management
program of the State.
(2) Cooperate with local governments, the federal
government, and any public or private agency or entity in
achieving any purpose of this Act and in implementing
emergency management programs for mitigation,
preparedness, response, and recovery.
(2.5) Develop a comprehensive emergency preparedness
and response plan for any nuclear accident in accordance
with Section 65 of the Nuclear Safety Law of 2004 and in
development of the Illinois Nuclear Safety Preparedness
program in accordance with Section 8 of the Illinois
Nuclear Safety Preparedness Act.

(2.6) Coordinate with the Department of Public Health
with respect to planning for and responding to public
health emergencies.
(3) Prepare, for issuance by the Governor, executive
orders, proclamations, and regulations as necessary or
appropriate in coping with disasters.
(4) Promulgate rules and requirements for political
subdivision emergency operations plans that are not
inconsistent with and are at least as stringent as
applicable federal laws and regulations.
(5) Review and approve, in accordance with Illinois
Emergency Management Agency rules, emergency operations
plans for those political subdivisions required to have an
emergency services and disaster agency pursuant to this
Act.
(5.5) Promulgate rules and requirements for the
political subdivision emergency management exercises,
including, but not limited to, exercises of the emergency
operations plans.
(5.10) Review, evaluate, and approve, in accordance
with Illinois Emergency Management Agency rules, political
subdivision emergency management exercises for those
political subdivisions required to have an emergency
services and disaster agency pursuant to this Act.
(6) Determine requirements of the State and its
political subdivisions for food, clothing, and other

necessities in event of a disaster.
(7) Establish a register of persons with types of
emergency management training and skills in mitigation,
preparedness, response, and recovery.
(8) Establish a register of government and private
response resources available for use in a disaster.
(9) Expand the Earthquake Awareness Program and its
efforts to distribute earthquake preparedness materials to
schools, political subdivisions, community groups, civic
organizations, and the media. Emphasis will be placed on
those areas of the State most at risk from an earthquake.
Maintain the list of all school districts, hospitals,
airports, power plants, including nuclear power plants,
lakes, dams, emergency response facilities of all types,
and all other major public or private structures which are
at the greatest risk of damage from earthquakes under
circumstances where the damage would cause subsequent harm
to the surrounding communities and residents.
(10) Disseminate all information, completely and
without delay, on water levels for rivers and streams and
any other data pertaining to potential flooding supplied
by the Division of Water Resources within the Department
of Natural Resources to all political subdivisions to the
maximum extent possible.
(11) Develop agreements, if feasible, with medical
supply and equipment firms to supply resources as are

necessary to respond to an earthquake or any other
disaster as defined in this Act. These resources will be
made available upon notifying the vendor of the disaster.
Payment for the resources will be in accordance with
Section 7 of this Act. The Illinois Department of Public
Health shall determine which resources will be required
and requested.
(11.5) In coordination with the Illinois State Police,
develop and implement a community outreach program to
promote awareness among the State's parents and children
of child abduction prevention and response.
(12) Out of funds appropriated for these purposes,
award capital and non-capital grants to Illinois hospitals
or health care facilities located outside of a city with a
population in excess of 1,000,000 to be used for purposes
that include, but are not limited to, preparing to respond
to mass casualties and disasters, maintaining and
improving patient safety and quality of care, and
protecting the confidentiality of patient information. No
single grant for a capital expenditure shall exceed
$300,000. No single grant for a non-capital expenditure
shall exceed $100,000. In awarding such grants, preference
shall be given to hospitals that serve a significant
number of Medicaid recipients, but do not qualify for
disproportionate share hospital adjustment payments under
the Illinois Public Aid Code. To receive such a grant, a

hospital or health care facility must provide funding of
at least 50% of the cost of the project for which the grant
is being requested. In awarding such grants the Illinois
Emergency Management Agency shall consider the
recommendations of the Illinois Hospital Association.
(13) Do all other things necessary, incidental or
appropriate for the implementation of this Act.
(g) The Illinois Emergency Management Agency is authorized
to make grants to various higher education institutions,
public K-12 school districts, area vocational centers as
designated by the State Board of Education, inter-district
special education cooperatives, regional safe schools, and
nonpublic K-12 schools for safety and security improvements.
For the purpose of this subsection (g), "higher education
institution" means a public university, a public community
college, or an independent, not-for-profit or for-profit
higher education institution located in this State. Grants
made under this subsection (g) shall be paid out of moneys
appropriated for that purpose from the Build Illinois Bond
Fund. The Illinois Emergency Management Agency shall adopt
rules to implement this subsection (g). These rules may
specify: (i) the manner of applying for grants; (ii) project
eligibility requirements; (iii) restrictions on the use of
grant moneys; (iv) the manner in which the various higher
education institutions must account for the use of grant
moneys; and (v) any other provision that the Illinois

Emergency Management Agency determines to be necessary or
useful for the administration of this subsection (g).
(g-5) The Illinois Emergency Management Agency is
authorized to make grants to not-for-profit organizations
which are exempt from federal income taxation under section
501(c)(3) of the Federal Internal Revenue Code for eligible
security improvements that assist the organization in
preventing, preparing for, or responding to acts of terrorism.
The Director shall establish procedures and forms by which
applicants may apply for a grant and procedures for
distributing grants to recipients. The procedures shall
require each applicant to do the following:
(1) identify and substantiate prior threats or attacks
by a terrorist organization, network, or cell against the
not-for-profit organization;
(2) indicate the symbolic or strategic value of one or
more sites that renders the site a possible target of
terrorism;
(3) discuss potential consequences to the organization
if the site is damaged, destroyed, or disrupted by a
terrorist act;
(4) describe how the grant will be used to integrate
organizational preparedness with broader State and local
preparedness efforts;
(5) submit a vulnerability assessment conducted by
experienced security, law enforcement, or military

personnel, and a description of how the grant award will
be used to address the vulnerabilities identified in the
assessment; and
(6) submit any other relevant information as may be
required by the Director.
The Agency is authorized to use funds appropriated for the
grant program described in this subsection (g-5) to administer
the program.
(h) Except as provided in Section 17.5 of this Act, any
moneys received by the Agency from donations or sponsorships
unrelated to a disaster shall be deposited in the Emergency
Planning and Training Fund and used by the Agency, subject to
appropriation, to effectuate planning and training activities.
Any moneys received by the Agency from donations during a
disaster and intended for disaster response or recovery shall
be deposited into the Disaster Response and Recovery Fund and
used for disaster response and recovery pursuant to the
Disaster Relief Act.
(i) The Illinois Emergency Management Agency may by rule
assess and collect reasonable fees for attendance at
Agency-sponsored conferences to enable the Agency to carry out
the requirements of this Act. Any moneys received under this
subsection shall be deposited in the Emergency Planning and
Training Fund and used by the Agency, subject to
appropriation, for planning and training activities.
(j) The Illinois Emergency Management Agency is authorized

to make grants to other State agencies, public universities,
units of local government, and statewide mutual aid
organizations to enhance statewide emergency preparedness and
response.
(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
Section 15-35. The Environmental Protection Act is amended
by changing Section 4 as follows:
(415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
Sec. 4. Environmental Protection Agency; establishment;
duties.
(a) There is established in the Executive Branch of the
State Government an agency to be known as the Environmental
Protection Agency. This Agency shall be under the supervision
and direction of a Director who shall be appointed by the
Governor with the advice and consent of the Senate. The term of
office of the Director shall expire on the third Monday of
January in odd numbered years, provided that he or she shall
hold office until a successor is appointed and has qualified.
For terms ending before December 31, 2019, the Director shall
receive an annual salary as set by the Compensation Review
Board. For terms beginning after January 18, 2019 (the
effective date of Public Act 100-1179) and before January 16,
2023, the Director's annual salary shall be an amount equal to

15% more than the Director's annual salary as of December 31,
2018. The calculation of the 2018 salary base for this
adjustment shall not include any cost of living adjustments,
as authorized by Senate Joint Resolution 192 of the 86th
General Assembly, for the period beginning July 1, 2009 to
June 30, 2019. Beginning July 1, 2019 and each July 1
thereafter, the Director shall receive an increase in salary
based on a cost of living adjustment as authorized by Senate
Joint Resolution 192 of the 86th General Assembly.
Notwithstanding any other provision of law, for terms
beginning on or after January 16, 2023, the Director shall
receive an annual salary of $180,000 or as set by the Governor,
whichever is higher. On July 1, 2023, and on each July 1
thereafter, the Director shall receive an increase in salary
based on a cost of living adjustment as authorized by Senate
Joint Resolution 192 of the 86th General Assembly. The
Director, in accord with the Personnel Code, shall employ and
direct such personnel, and shall provide for such laboratory
and other facilities, as may be necessary to carry out the
purposes of this Act. In addition, the Director may by
agreement secure such services as he or she may deem necessary
from any other department, agency, or unit of the State
Government, and may employ and compensate such consultants and
technical assistants as may be required.
(b) The Agency shall have the duty to collect and
disseminate such information, acquire such technical data, and

conduct such experiments as may be required to carry out the
purposes of this Act, including ascertainment of the quantity
and nature of discharges from any contaminant source and data
on those sources, and to operate and arrange for the operation
of devices for the monitoring of environmental quality.
(c) The Agency shall have authority to conduct a program
of continuing surveillance and of regular or periodic
inspection of actual or potential contaminant or noise
sources, of public water supplies, and of refuse disposal
sites.
(d) In accordance with constitutional limitations, the
Agency shall have authority to enter at all reasonable times
upon any private or public property for the purpose of:
(1) Inspecting and investigating to ascertain possible
violations of this Act, any rule or regulation adopted
under this Act, any permit or term or condition of a
permit, or any Board order; or
(2) In accordance with the provisions of this Act,
taking whatever preventive or corrective action, including
but not limited to removal or remedial action, that is
necessary or appropriate whenever there is a release or a
substantial threat of a release of (A) a hazardous
substance or pesticide or (B) petroleum from an
underground storage tank.
(e) The Agency shall have the duty to investigate
violations of this Act, any rule or regulation adopted under

this Act, any permit or term or condition of a permit, or any
Board order; to issue administrative citations as provided in
Section 31.1 of this Act; and to take such summary enforcement
action as is provided for by Section 34 of this Act.
(f) The Agency shall appear before the Board in any
hearing upon a petition for variance or time-limited water
quality standard, the denial of a permit, or the validity or
effect of a rule or regulation of the Board, and shall have the
authority to appear before the Board in any hearing under the
Act.
(g) The Agency shall have the duty to administer, in
accord with Title X of this Act, such permit and certification
systems as may be established by this Act or by regulations
adopted thereunder. The Agency may enter into written
delegation agreements with any department, agency, or unit of
State or local government under which all or portions of this
duty may be delegated for public water supply storage and
transport systems, sewage collection and transport systems,
air pollution control sources with uncontrolled emissions of
100 tons per year or less and application of algicides to
waters of the State. Such delegation agreements will require
that the work to be performed thereunder will be in accordance
with Agency criteria, subject to Agency review, and shall
include such financial and program auditing by the Agency as
may be required.
(h) The Agency shall have authority to require the

submission of complete plans and specifications from any
applicant for a permit required by this Act or by regulations
thereunder, and to require the submission of such reports
regarding actual or potential violations of this Act, any rule
or regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order, as may be necessary
for the purposes of this Act.
(i) The Agency shall have authority to make
recommendations to the Board for the adoption of regulations
under Title VII of the Act.
(j) The Agency shall have the duty to represent the State
of Illinois in any and all matters pertaining to plans,
procedures, or negotiations for interstate compacts or other
governmental arrangements relating to environmental
protection.
(k) The Agency shall have the authority to accept,
receive, and administer on behalf of the State any grants,
gifts, loans, indirect cost reimbursements, or other funds
made available to the State from any source for purposes of
this Act or for air or water pollution control, public water
supply, solid waste disposal, noise abatement, or other
environmental protection activities, surveys, or programs. Any
federal funds received by the Agency pursuant to this
subsection shall be deposited in a trust fund with the State
Treasurer and held and disbursed by him in accordance with
Treasurer as Custodian of Funds Act, provided that such monies

shall be used only for the purposes for which they are
contributed and any balance remaining shall be returned to the
contributor.
The Agency is authorized to promulgate such regulations
and enter into such contracts as it may deem necessary for
carrying out the provisions of this subsection.
(l) The Agency is hereby designated as water pollution
agency for the state for all purposes of the Federal Water
Pollution Control Act, as amended; as implementing agency for
the State for all purposes of the Safe Drinking Water Act,
Public Law 93-523, as now or hereafter amended, except Section
1425 of that Act; as air pollution agency for the state for all
purposes of the Clean Air Act of 1970, Public Law 91-604,
approved December 31, 1970, as amended; and as solid waste
agency for the state for all purposes of the Solid Waste
Disposal Act, Public Law 89-272, approved October 20, 1965,
and amended by the Resource Recovery Act of 1970, Public Law
91-512, approved October 26, 1970, as amended, and amended by
the Resource Conservation and Recovery Act of 1976, (P.L.
94-580) approved October 21, 1976, as amended; as noise
control agency for the state for all purposes of the Noise
Control Act of 1972, Public Law 92-574, approved October 27,
1972, as amended; and as implementing agency for the State for
all purposes of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (P.L. 96-510), as
amended; and otherwise as pollution control agency for the

State pursuant to federal laws integrated with the foregoing
laws, for financing purposes or otherwise. The Agency is
hereby authorized to take all action necessary or appropriate
to secure to the State the benefits of such federal Acts,
provided that the Agency shall transmit to the United States
without change any standards adopted by the Pollution Control
Board pursuant to Section 5(c) of this Act. This subsection
(l) of Section 4 shall not be construed to bar or prohibit the
Environmental Protection Trust Fund Commission from accepting,
receiving, and administering on behalf of the State any
grants, gifts, loans or other funds for which the Commission
is eligible pursuant to the Environmental Protection Trust
Fund Act. The Agency is hereby designated as the State agency
for all purposes of administering the requirements of Section
313 of the federal Emergency Planning and Community
Right-to-Know Act of 1986.
Any municipality, sanitary district, or other political
subdivision, or any Agency of the State or interstate Agency,
which makes application for loans or grants under such federal
Acts shall notify the Agency of such application; the Agency
may participate in proceedings under such federal Acts.
(m) The Agency shall have authority, consistent with
Section 5(c) and other provisions of this Act, and for
purposes of Section 303(e) of the Federal Water Pollution
Control Act, as now or hereafter amended, to engage in
planning processes and activities and to develop plans in

cooperation with units of local government, state agencies and
officers, and other appropriate persons in connection with the
jurisdiction or duties of each such unit, agency, officer or
person. Public hearings shall be held on the planning process,
at which any person shall be permitted to appear and be heard,
pursuant to procedural regulations promulgated by the Agency.
(n) In accordance with the powers conferred upon the
Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act,
the Agency shall have authority to establish and enforce
minimum standards for the operation of laboratories relating
to analyses and laboratory tests for air pollution, water
pollution, noise emissions, contaminant discharges onto land
and sanitary, chemical, and mineral quality of water
distributed by a public water supply. The Agency may enter
into formal working agreements with other departments or
agencies of state government under which all or portions of
this authority may be delegated to the cooperating department
or agency.
(o) The Agency shall have the authority to issue
certificates of competency to persons and laboratories meeting
the minimum standards established by the Agency in accordance
with Section 4(n) of this Act and to promulgate and enforce
regulations relevant to the issuance and use of such
certificates. The Agency may enter into formal working
agreements with other departments or agencies of state
government under which all or portions of this authority may

be delegated to the cooperating department or agency.
(p) Except as provided in Section 17.7, the Agency shall
have the duty to analyze samples as required from each public
water supply to determine compliance with the contaminant
levels specified by the Pollution Control Board. The maximum
number of samples which the Agency shall be required to
analyze for microbiological quality shall be 6 per month, but
the Agency may, at its option, analyze a larger number each
month for any supply. Results of sample analyses for
additional required bacteriological testing, turbidity,
residual chlorine and radionuclides are to be provided to the
Agency in accordance with Section 19. Owners of water supplies
may enter into agreements with the Agency to provide for
reduced Agency participation in sample analyses.
(q) The Agency shall have the authority to provide notice
to any person who may be liable pursuant to Section 22.2(f) of
this Act for a release or a substantial threat of a release of
a hazardous substance or pesticide. Such notice shall include
the identified response action and an opportunity for such
person to perform the response action.
(r) The Agency may enter into written delegation
agreements with any unit of local government under which it
may delegate all or portions of its inspecting, investigating
and enforcement functions. Such delegation agreements shall
require that work performed thereunder be in accordance with
Agency criteria and subject to Agency review. Notwithstanding

any other provision of law to the contrary, no unit of local
government shall be liable for any injury resulting from the
exercise of its authority pursuant to such a delegation
agreement unless the injury is proximately caused by the
willful and wanton negligence of an agent or employee of the
unit of local government, and any policy of insurance coverage
issued to a unit of local government may provide for the denial
of liability and the nonpayment of claims based upon injuries
for which the unit of local government is not liable pursuant
to this subsection (r).
(s) The Agency shall have authority to take whatever
preventive or corrective action is necessary or appropriate,
including but not limited to expenditure of monies
appropriated from the Build Illinois Bond Fund for removal or
remedial action, whenever any hazardous substance or pesticide
is released or there is a substantial threat of such a release
into the environment. The State, the Director, and any State
employee shall be indemnified for any damages or injury
arising out of or resulting from any action taken under this
subsection. The Director of the Agency is authorized to enter
into such contracts and agreements as are necessary to carry
out the Agency's duties under this subsection.
(t) The Agency shall have authority to distribute grants,
subject to appropriation by the General Assembly, to units of
local government for financing and construction of wastewater
facilities in both incorporated and unincorporated areas. With

respect to all monies appropriated from the Build Illinois
Bond Fund for wastewater facility grants, the Agency shall
make distributions in conformity with the rules and
regulations established pursuant to the Anti-Pollution Bond
Act, as now or hereafter amended.
(u) Pursuant to the Illinois Administrative Procedure Act,
the Agency shall have the authority to adopt such rules as are
necessary or appropriate for the Agency to implement Section
31.1 of this Act.
(v) (Blank.)
(w) Neither the State, nor the Director, nor the Board,
nor any State employee shall be liable for any damages or
injury arising out of or resulting from any action taken under
subsection (s).
(x)(1) The Agency shall have authority to distribute
grants, subject to appropriation by the General Assembly, to
units of local government for financing and construction of
public water supply facilities. With respect to all monies
appropriated from the Build Illinois Bond Fund for public
water supply grants, such grants shall be made in accordance
with rules promulgated by the Agency. Such rules shall include
a requirement for a local match of 30% of the total project
cost for projects funded through such grants.
(2) The Agency shall not terminate a grant to a unit of
local government for the financing and construction of public
water supply facilities unless and until the Agency adopts

rules that set forth precise and complete standards, pursuant
to Section 5-20 of the Illinois Administrative Procedure Act,
for the termination of such grants. The Agency shall not make
determinations on whether specific grant conditions are
necessary to ensure the integrity of a project or on whether
subagreements shall be awarded, with respect to grants for the
financing and construction of public water supply facilities,
unless and until the Agency adopts rules that set forth
precise and complete standards, pursuant to Section 5-20 of
the Illinois Administrative Procedure Act, for making such
determinations. The Agency shall not issue a stop-work order
in relation to such grants unless and until the Agency adopts
precise and complete standards, pursuant to Section 5-20 of
the Illinois Administrative Procedure Act, for determining
whether to issue a stop-work order.
(y) The Agency shall have authority to release any person
from further responsibility for preventive or corrective
action under this Act following successful completion of
preventive or corrective action undertaken by such person upon
written request by the person.
(z) To the extent permitted by any applicable federal law
or regulation, for all work performed for State construction
projects which are funded in whole or in part by a capital
infrastructure bill enacted by the 96th General Assembly by
sums appropriated to the Environmental Protection Agency, at
least 50% of the total labor hours must be performed by actual

residents of the State of Illinois. For purposes of this
subsection, "actual residents of the State of Illinois" means
persons domiciled in the State of Illinois. The Department of
Labor shall promulgate rules providing for the enforcement of
this subsection.
(aa) The Agency may adopt rules requiring the electronic
submission of any information required to be submitted to the
Agency pursuant to any State or federal law or regulation or
any court or Board order. Any rules adopted under this
subsection (aa) must include, but are not limited to,
identification of the information to be submitted
electronically.
(Source: P.A. 102-1071, eff. 6-10-22.)
Section 15-40. The Reimagine Public Safety Act is amended
by changing Section 35-20 as follows:
(430 ILCS 69/35-20)
Sec. 35-20. Office of Firearm Violence Prevention.
(a) On or before October 1, 2021, an Office of Firearm
Violence Prevention is established within the Illinois
Department of Human Services. The Assistant Secretary of
Violence Prevention shall report his or her actions to the
Secretary of Human Services and the Office of the Governor.
The Office shall have the authority to coordinate and
integrate all programs and services listed in this Act and

other programs and services the Governor establishes by
executive order to maximize an integrated approach to reducing
Illinois' firearm violence epidemic and ultimately ending this
public health crisis.
(b) The Department of Human Services and the Office of
Firearm Violence Prevention shall have grant making,
operational, and procurement authority to distribute funds to
violence prevention organizations, youth development
organizations, high-risk youth intervention organizations,
approved technical assistance and training providers,
evaluation and assessment organizations, and other entities
necessary to execute the functions established in this Act and
other programs and services the Governor establishes by
executive order for the Department and the Office.
(c) The Assistant Secretary of Firearm Violence Prevention
shall be appointed by the Governor with the advice and consent
of the Senate. The Assistant Secretary of Firearm Violence
Prevention shall receive an annual salary of $170,000 or as
set by the Governor, whichever is higher, and, beginning July
1, 2023, shall be compensated from appropriations provided to
the Comptroller for this purpose. On July 1, 2023, and on each
July 1 thereafter, the Assistant Secretary shall receive an
increase in salary based on a cost of living adjustment as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly. The Assistant Secretary of Firearm Violence
Prevention shall report to the Secretary of Human Services and

also report his or her actions to the Office of the Governor.
(d) For Illinois municipalities with a 1,000,000 or more
population, the Office of Firearm Violence Prevention shall
determine the 10 most violent neighborhoods. When possible,
this shall be determined by measuring the number of per capita
fatal and nonfatal firearm-shot victims, excluding
self-inflicted incidents, from January 1, 2016 through
December 31, 2020. These 10 communities shall qualify for
grants under this Act and coordination of other State services
from the Office of Firearm Violence Prevention. The Office
shall, after identifying the top 10 neighborhoods, identify an
additional 7 eligible neighborhoods by considering the number
of victims in rank order in addition to the per capita rate. If
appropriate, and subject to appropriation, the Office shall
have the authority to consider adding up to 5 additional
eligible neighborhoods or clusters of contiguous neighborhoods
utilizing the same data sets so as to maximize the potential
impact for firearm violence reduction. For Illinois
municipalities with less than 1,000,000 residents and more
than 35,000 residents, the Office of Firearm Violence
Prevention shall identify the 10 municipalities or contiguous
geographic areas that have the greatest concentrated firearm
violence victims. When possible, this shall be determined by
measuring the number of fatal and nonfatal firearm-shot
victims, excluding self-inflicted incidents, from January 1,
2016 through December 31, 2020 divided by the number of

residents for each municipality or area. These 10
municipalities or contiguous geographic areas and up to 5
additional municipalities or contiguous geographic areas
identified by the Office of Firearm Violence Prevention shall
qualify for grants under this Act and coordination of other
State services from the Office of Firearm Violence Prevention.
The Office of Firearm Violence Prevention shall consider
factors listed in subsection (a) of Section 35-40 to determine
up to 5 additional municipalities or contiguous geographic
areas that qualify for grants under this Act. The Office of
Firearm Violence Prevention may, subject to appropriation,
identify up to 5 additional neighborhoods, municipalities,
contiguous geographic areas, or other local
government-identified boundary areas to receive funding under
this Act after considering additional risk factors that
contribute to community firearm violence. The data analysis to
identify new eligible neighborhoods and municipalities shall
be updated to reflect eligibility based on the most recently
available 5 full years of data no more frequently than once
every 3 years.
(e) The Office of Firearm Violence Prevention shall issue
a report to the General Assembly no later than January 1 of
each year that identifies communities within Illinois
municipalities of 1,000,000 or more residents and
municipalities with less than 1,000,000 residents and more
than 35,000 residents that are experiencing concentrated

firearm violence, explaining the investments that are being
made to reduce concentrated firearm violence, and making
further recommendations on how to end Illinois' firearm
violence epidemic.
(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.)
ARTICLE 20
Section 20-5. The Illinois Power Agency Act is amended by
changing Section 1-70 as follows:
(20 ILCS 3855/1-70)
Sec. 1-70. Agency officials.
(a) The Agency shall have a Director who meets the
qualifications specified in Section 5-222 of the Civil
Administrative Code of Illinois.
(b) Within the Illinois Power Agency, the Agency shall
establish a Planning and Procurement Bureau and may establish
a Resource Development Bureau. Each Bureau shall report to the
Director.
(c) The Chief of the Planning and Procurement Bureau shall
be appointed by the Director, at the Director's sole
discretion, and (i) shall have at least 5 years of direct
experience in electricity supply planning and procurement and
(ii) shall also hold an advanced degree in risk management,
law, business, or a related field.

(d) The Chief of the Resource Development Bureau may be
appointed by the Director and (i) shall have at least 5 years
of direct experience in electric generating project
development and (ii) shall also hold an advanced degree in
economics, engineering, law, business, or a related field.
(e) Notwithstanding any other provision of law, for terms
beginning on or after January 16, 2023, the Director shall
receive an annual salary of $165,000. On July 1, 2023, and on
each July 1 thereafter, the Director shall receive an increase
in salary based on a cost of living adjustment as authorized by
Senate Joint Resolution 192 of the 86th General Assembly. For
terms ending before December 31, 2019, the Director shall
receive an annual salary of $100,000 or as set by the Executive
Ethics Commission based on a review of comparable State agency
director salaries, whichever is higher. No annual salary for
the Director or a Bureau Chief shall exceed the amount of
salary set by law for the Governor that is in effect on July 1
of that fiscal year.
(f) The Director and each Bureau Chief Bureau Chiefs shall
not, for 2 years prior to appointment or for 2 years after he
or she leaves his or her position, be employed by an electric
utility, independent power producer, power marketer, or
alternative retail electric supplier regulated by the
Commission or the Federal Energy Regulatory Commission.
(g) The Director and Bureau Chiefs are prohibited from:
(i) owning, directly or indirectly, 5% or more of the voting

capital stock of an electric utility, independent power
producer, power marketer, or alternative retail electric
supplier; (ii) being in any chain of successive ownership of
5% or more of the voting capital stock of any electric utility,
independent power producer, power marketer, or alternative
retail electric supplier; (iii) receiving any form of
compensation, fee, payment, or other consideration from an
electric utility, independent power producer, power marketer,
or alternative retail electric supplier, including legal fees,
consulting fees, bonuses, or other sums. These limitations do
not apply to any compensation received pursuant to a defined
benefit plan or other form of deferred compensation, provided
that the individual has otherwise severed all ties to the
utility, power producer, power marketer, or alternative retail
electric supplier.
(Source: P.A. 102-662, eff. 9-15-21.)
ARTICLE 25
Section 25-5. The Commission on Equity and Inclusion Act
is amended by changing Section 40-5 as follows:
(30 ILCS 574/40-5)
Sec. 40-5. Commission on Equity and Inclusion.
(a) There is hereby created the Commission on Equity and
Inclusion, which shall consist of 7 members appointed by the

Governor with the advice and consent of the Senate. No more
than 4 members shall be of the same political party. The
Governor shall designate one member as chairperson, who shall
be the chief administrative and executive officer of the
Commission, and shall have general supervisory authority over
all personnel of the Commission.
(b) Of the members first appointed, 4 shall be appointed
for a term to expire on the third Monday of January, 2023, and
3 (including the Chairperson) shall be appointed for a term to
expire on the third Monday of January, 2025.
Thereafter, each member shall serve for a term of 4 years
and until his or her successor is appointed and qualified;
except that any member chosen to fill a vacancy occurring
otherwise than by expiration of a term shall be appointed only
for the unexpired term of the member whom he or she shall
succeed and until his or her successor is appointed and
qualified.
(c) In case of a vacancy on the Commission during the
recess of the Senate, the Governor shall make a temporary
appointment until the next meeting of the Senate, when he or
she shall appoint a person to fill the vacancy. Any person so
nominated who is confirmed by the Senate shall hold office
during the remainder of the term and until his or her successor
is appointed and qualified. Vacancies in the Commission shall
not impair the right of the remaining members to exercise all
the powers of the Commission.

(d) The Chairperson of the Commission shall be compensated
at the rate of $128,000 per year, or as otherwise set by this
Section, during his or her service as Chairperson, and each
other member shall be compensated at the rate of $121,856 per
year, or as otherwise set by this Section. In addition, all
members of the Commission shall be reimbursed for expenses
actually and necessarily incurred by them in the performance
of their duties. Members of the Commission are eligible to
receive pension under the State Employees' Retirement System
of Illinois as provided under Article 14 of the Illinois
Pension Code.
(e) The Commission shall have an Executive Director who is
appointed by the Governor and who shall be the chief
administrative and operational officer of the Commission,
shall direct and supervise its administrative affairs and
general management, and perform such other duties as may be
prescribed from time to time by the Commission.
Notwithstanding any other provision of law, beginning on the
effective date of this amendatory Act of the 102nd General
Assembly, the Executive Director shall receive an annual
salary as set by the Governor.
The Executive Director or any committee of the Commission
may carry out such responsibilities of the Commission as the
Commission by resolution may delegate. The Executive Director
shall attend all meetings of the Commission; however, no
action of the Commission shall be invalid on account of the

absence of the Executive Director from a meeting. The
Executive Director may employ and determine the compensation
of staff, as appropriations permit.
(f) The budget established for the Commission for any
given fiscal year shall be no less than that established for
the Human Rights Commission for that same fiscal year.
(Source: P.A. 101-657, eff. 1-1-22.)
ARTICLE 30
Section 30-5. The Salaries Act is amended by changing
Section 1 as follows:
(5 ILCS 290/1) (from Ch. 53, par. 1)
Sec. 1. There shall be allowed and paid an annual salary in
lieu of all other salaries, fees, perquisites, benefit of
compensation in any form whatsoever, to each of the officers
herein named, the following respectively: .
(1) For terms beginning before January 9, 2023:
To the Governor, a salary set by the Compensation
Review Board, together with the use and occupancy of
the executive mansion.
To the Lieutenant Governor, a salary set by the
Compensation Review Board.
To the Secretary of State, a salary set by the
Compensation Review Board.

To the Comptroller, a salary set by the
Compensation Review Board.
To the Treasurer, a salary set by the Compensation
Review Board.
To the Attorney General, a salary set by the
Compensation Review Board.
(2) For terms beginning on or after January 9, 2023:
To the Governor, a salary of $205,700 or as set by
the Compensation Review Board, whichever is greater,
together with the use and occupancy of the executive
mansion.
To the Lieutenant Governor, a salary of $160,900
or as set by the Compensation Review Board, whichever
is greater.
To the Secretary of State, a salary of $183,300 or
as set by the Compensation Review Board, whichever is
greater.
To the Comptroller, a salary of $160,900 or as set
by the Compensation Review Board, whichever is
greater.
To the Treasurer, a salary of $160,900 or as set by
the Compensation Review Board, whichever is greater.
To the Attorney General, a salary of $183,300 or
as set by the Compensation Review Board, whichever is
greater.
(Source: P.A. 89-657, eff. 8-14-96.)

ARTICLE 35
Section 35-5. The General Assembly Compensation Act is
amended by changing Section 1 as follows:
(25 ILCS 115/1) (from Ch. 63, par. 14)
Sec. 1. Each member of the General Assembly shall receive
an annual salary of $28,000 or as set by the Compensation
Review Board, whichever is greater. Beginning with the 103rd
General Assembly, each member of the General Assembly shall
receive an annual salary of $85,000 or as set by the
Compensation Review Board, whichever is greater. The following
named officers, committee chairmen and committee minority
spokesmen shall receive additional amounts per year for their
services as such officers, committee chairmen and committee
minority spokesmen respectively, as set by the Compensation
Review Board or, as follows, whichever is greater: Beginning
the second Wednesday in January 1989, the Speaker and the
minority leader of the House of Representatives and the
President and the minority leader of the Senate, $16,000 each;
the majority leader in the House of Representatives $13,500; 5
assistant majority leaders and 5 assistant minority leaders in
the Senate, $12,000 each; 6 assistant majority leaders and 6
assistant minority leaders in the House of Representatives,
$10,500 each; 2 Deputy Majority leaders in the House of

Representatives $11,500 each; and 2 Deputy Minority leaders in
the House of Representatives, $11,500 each; the majority
caucus chairman and minority caucus chairman in the Senate,
$12,000 each; and beginning the second Wednesday in January,
1989, the majority conference chairman and the minority
conference chairman in the House of Representatives, $10,500
each; beginning the second Wednesday in January, 1989, the
chairman and minority spokesman of each standing committee of
the Senate, except the Rules Committee, the Committee on
Committees, and the Committee on Assignment of Bills, $6,000
each; and beginning the second Wednesday in January, 1989, the
chairman and minority spokesman of each standing and select
committee of the House of Representatives, $6,000 each; and
beginning fiscal year 2020, the majority leader in the Senate,
an amount equal to the majority leader in the House. For any
General Assembly in which the majority party in the House of
Representatives has 71 or more elected Representatives, the
majority party shall have one additional majority officer who
shall have the title of speaker pro tempore and who shall
receive an amount equal to the majority leader in the House and
one majority officer who shall receive an amount equal to an
assistant majority leader in the House of Representatives. For
any General Assembly in which the majority party in the Senate
has 36 or more elected Senators, the majority party shall have
one additional majority officer who shall receive an amount
equal to the majority leader in the House and one majority

officer who shall receive an amount equal to an assistant
majority leader in the Senate. A member who serves in more than
one position as an officer, committee chairman, or committee
minority spokesman shall receive only one additional amount
based on the position paying the highest additional amount.
Prior to the 103rd General Assembly, the compensation provided
for in this Section to be paid per year to members of the
General Assembly, including the additional sums payable per
year to officers of the General Assembly shall be paid in 12
equal monthly installments. The first such installment is
payable on January 31, 1977. All subsequent equal monthly
installments are payable on the last working day of the month.
Prior to the 103rd General Assembly, a member who has held
office any part of a month is entitled to compensation for an
entire month.
Beginning with the 103rd General Assembly, the
compensation provided for in this Section to be paid per year
to members of the General Assembly, including additional sums
payable per year to officers of the General Assembly, shall be
paid bi-monthly. Members who resign before completing the
entire term in office shall be compensated on a prorated
basis. Members completing the term of a vacancy shall be
compensated on a prorated basis.
Mileage shall be paid at the rate of 20 cents per mile
before January 9, 1985, and at the mileage allowance rate in
effect under regulations promulgated pursuant to 5 U.S.C.

5707(b)(2) beginning January 9, 1985, for the number of actual
highway miles necessarily and conveniently traveled by the
most feasible route to be present upon convening of the
sessions of the General Assembly by such member in each and
every trip during each session in going to and returning from
the seat of government, to be computed by the Comptroller. A
member traveling by public transportation for such purposes,
however, shall be paid his actual cost of that transportation
instead of on the mileage rate if his cost of public
transportation exceeds the amount to which he would be
entitled on a mileage basis. No member may be paid, whether on
a mileage basis or for actual costs of public transportation,
for more than one such trip for each week the General Assembly
is actually in session. Each member shall also receive an
allowance of $36 per day for lodging and meals while in
attendance at sessions of the General Assembly before January
9, 1985; beginning January 9, 1985, such food and lodging
allowance shall be equal to the amount per day permitted to be
deducted for such expenses under the Internal Revenue Code;
however, beginning May 31, 1995, no allowance for food and
lodging while in attendance at sessions is authorized for
periods of time after the last day in May of each calendar
year, except (i) if the General Assembly is convened in
special session by either the Governor or the presiding
officers of both houses, as provided by subsection (b) of
Section 5 of Article IV of the Illinois Constitution or (ii) if

the General Assembly is convened to consider bills vetoed,
item vetoed, reduced, or returned with specific
recommendations for change by the Governor as provided in
Section 9 of Article IV of the Illinois Constitution. For
fiscal year 2011 and for session days in fiscal years 2012,
2013, 2014, 2015, 2016, 2017, 2018, and 2019 only (i) the
allowance for lodging and meals is $111 per day and (ii)
mileage for automobile travel shall be reimbursed at a rate of
$0.39 per mile.
Notwithstanding any other provision of law to the
contrary, beginning in fiscal year 2012, travel reimbursement
for General Assembly members on non-session days shall be
calculated using the guidelines set forth by the Legislative
Travel Control Board, except that fiscal year 2012, 2013,
2014, 2015, 2016, 2017, 2018, and 2019 mileage reimbursement
is set at a rate of $0.39 per mile.
If a member dies having received only a portion of the
amount payable as compensation, the unpaid balance shall be
paid to the surviving spouse of such member, or, if there be
none, to the estate of such member.
(Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21;
102-664, eff. 1-1-22.)
ARTICLE 40
Section 40-5. The Legislative Materials Act is amended by

changing Section 1 as follows:
(25 ILCS 105/1) (from Ch. 63, par. 801)
Sec. 1. Fees.
(a) The Clerk of the House of Representatives may
establish a schedule of reasonable fees to be charged for
providing copies of daily and bound journals, committee
documents, committee tape recordings, transcripts of committee
proceedings, and committee notices, for providing copies of
bills on a continuing or individual basis, and for providing
tape recordings and transcripts of floor debates and other
proceedings of the House.
(b) The Secretary of the Senate may establish a schedule
of reasonable fees to be charged for providing copies of daily
and bound journals, committee notices, for providing copies of
bills on a continuing or individual basis, and for providing
tape recordings and transcripts of floor debates and other
proceedings of the Senate.
(c) The Clerk of the House of Representatives and the
Secretary of the Senate may establish a schedule of reasonable
fees to be charged for providing live audio of floor debates
and other proceedings of the House of Representatives and the
Senate. The Clerk and the Secretary shall have complete
discretion over the distribution of live audio under this
subsection (c), including discretion over the conditions under
which live audio shall be distributed, except that live audio

shall be distributed to the General Assembly and its staffs.
Nothing in this subsection (c) shall be construed to create an
obligation on the part of the Clerk or Secretary to provide
live audio to any person or entity other than to the General
Assembly and its staffs.
(c-5) The Clerk of the House of Representatives, to the
extent authorized by the House Rules, and the Secretary of the
Senate, to the extent authorized by the Rules of the Senate,
may establish a schedule of reasonable fees to be charged to
members for the preparation, filing, and reproduction of
non-substantive resolutions.
(c-10) Through December 31, 2010, the Clerk of the House
of Representatives may sell to a member of the House of
Representatives one or more of the chairs that comprise member
seating in the House chamber. The Clerk must charge the
original cost of the chairs.
(c-15) Through December 31, 2010, the Secretary of the
Senate may sell to a member of the Senate one or more of the
chairs that comprise member seating in the Senate chamber. The
Secretary must charge the original cost of the chairs.
(d) Receipts from all fees and charges established under
this Section shall be deposited by the Clerk and the Secretary
into the General Assembly Operations Revolving Fund, a special
fund in the State treasury. Amounts in the Fund may be
appropriated for the operations of the offices of the Clerk of
the House of Representatives and the Secretary of the Senate,

including the replacement of items sold under subsections
(c-10) and (c-15).
(Source: P.A. 95-21, eff. 8-3-07.)
ARTICLE 99
Section 99-997. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
Section 99-999. Effective date. This Act takes effect upon
becoming law, except that Section 5-27 takes effect upon
becoming law or on the date House Bill 4285 of the 102nd
General Assembly takes effect, whichever is later and Section
5-36 takes effect July 1, 2024.