Sen. Don Harmon

Filed: 1/6/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5052

2    AMENDMENT NO. ______. Amend House Bill 5052 by replacing
3everything after the enacting clause with the following:
 
4
"ARTICLE 1.

 
5    Section 1-1. Short Title. This Act may be cited as the
6Second FY2023 Budget Implementation Act.
 
7    Section 1-5. Purpose. It is the purpose of this Act to make
8additional changes in State programs that are necessary to
9implement the State budget for Fiscal Year 2023 and subsequent
10fiscal years.
 
11
Article 5

 
12    Section 5-1. Short title. This Article may be cited as the
13Warehouse Safety Standards Task Force Act. As used in this

 

 

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1Article, "this Act" refers to this Article.
 
2    Section 5-5. The Warehouse Safety Standards Task Force.
3    (a) The Warehouse Safety Standards Task Force is created
4to study warehouse safety standards. The Task Force shall
5consist of the following members:
6        (1) 2 members of the House of Representatives,
7    appointed by the Speaker of the House of Representatives;
8        (2) 2 members of the House of Representatives,
9    appointed by the Minority Leader of the House of
10    Representatives;
11        (3) 2 members of the Senate, appointed by the
12    President of the Senate;
13        (4) 2 members of the Senate, appointed by the Minority
14    Leader of the Senate;
15        (5) one representative of an entity representing
16    retail merchants, appointed by the Governor;
17        (6) one representative of an entity representing
18    manufacturers, appointed by the Governor;
19        (7) one representative of an entity representing
20    mayors, appointed by the Governor;
21        (8) one representative of the American Federation of
22    Labor and Congress of Industrial Organizations, appointed
23    by the Governor;
24        (9) one representative of a labor union representing
25    warehouse workers, appointed by the Governor;

 

 

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1        (10) one representative of a worker advocacy
2    organization representing warehouse workers, appointed by
3    the Governor; and
4        (11) the Director of Labor or his or her designee, who
5    shall serve as the ex officio chair.
6    (b) The members of the Task Force shall serve without
7compensation.
8    (c) The Department of Labor shall provide administrative
9support to the Task Force.
 
10    Section 5-10. Reports. The Task Force must provide
11quarterly updates of its findings, discussions, and decisions
12to the Governor and the General Assembly. The Task Force shall
13submit a final report of its recommendations to the Governor
14and the General Assembly no later than January 1, 2025.
 
15    Section 5-90. Repeal. The Task Force is dissolved and this
16Act is repealed on January 1, 2026.
 
17
Article 10

 
18    Section 10-5. The Illinois Administrative Procedure Act is
19amended by adding Section 5-45.35 as follows:
 
20    (5 ILCS 100/5-45.35 new)
21    Sec. 5-45.35. Emergency rulemaking; Hate Crimes and Bias

 

 

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1Incident Prevention and Response Fund. To provide for the
2expeditious and timely implementation of this amendatory Act
3of the 102nd General Assembly, emergency rules implementing
4Section 6z-138 of the State Finance Act may be adopted in
5accordance with Section 5-45 by the Department of Human
6Rights, and emergency rules implementing Section 605-1105 of
7the Department of Commerce and Economic Opportunity Law of the
8Civil Administrative Code of Illinois may be adopted in
9accordance with Section 5-45 by the Department of Commerce and
10Economic Opportunity. The adoption of emergency rules
11authorized by Section 5-45 and this Section is deemed to be
12necessary for the public interest, safety, and welfare.
13    This Section is repealed one year after the effective date
14of this amendatory Act of the 102nd General Assembly.
 
15    Section 10-10. The State Employees Group Insurance Act of
161971 is amended by changing Section 11 as follows:
 
17    (5 ILCS 375/11)  (from Ch. 127, par. 531)
18    Sec. 11. The amount of contribution in any fiscal year
19from funds other than the General Revenue Fund or the Road Fund
20shall be at the same contribution rate as the General Revenue
21Fund or the Road Fund except that, in State Fiscal Year 2009,
22no contributions shall be required from the FY09 Budget Relief
23Fund. Contributions and payments for life insurance shall be
24deposited in the Group Insurance Premium Fund. Contributions

 

 

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1and payments for health coverages and other benefits shall be
2deposited in the Health Insurance Reserve Fund. Federal funds
3which are available for cooperative extension purposes shall
4also be charged for the contributions which are made for
5retired employees formerly employed in the Cooperative
6Extension Service. In the case of departments or any division
7thereof receiving a fraction of its requirements for
8administration from the Federal Government, the contributions
9hereunder shall be such fraction of the amount determined
10under the provisions hereof and the remainder shall be
11contributed by the State.
12    Every department which has members paid from funds other
13than the General Revenue Fund shall cooperate with the
14Department of Central Management Services and the Governor's
15Office of Management and Budget in order to assure that the
16specified proportion of the State's cost for group life
17insurance, the program of health benefits and other employee
18benefits is paid by such funds; except that contributions
19under this Act need not be paid from any other fund where both
20the Director of Central Management Services and the Director
21of the Governor's Office of Management and Budget have
22designated in writing that the necessary contributions are
23included in the General Revenue Fund contribution amount.
24    Universities having employees who are totally compensated
25out of the following funds or sources are not required to
26submit the contribution described in this Section for such

 

 

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1employees:
2        (1) income funds, as described in Sections 6a-1,
3    6a-1a, 6a-1b, 6a-1c, 6a-1d, 6a-1e, 6a-1f, 6a-1g, and 6d of
4    the State Finance Act, including tuition, laboratory, and
5    library fees and any interest earned on those fees Income
6    Funds;
7        (2) local auxiliary funds, as described in the
8    Legislative Audit Commission's University Guidelines, as
9    published on November 17, 2020, including the following:
10            (i) funds from auxiliary enterprises, which are
11        operations that support the overall objectives of the
12        university but are not directly related to
13        instruction, research, or service organizational
14        units;
15            (ii) funds from auxiliary activities, which are
16        functions that are self-supporting, in whole or in
17        part, and are directly related to instruction,
18        research, or service units; Local auxiliary funds; and
19        (3) the Agricultural Premium Fund as established by
20    Section 5.01 of the State Finance Act;
21        (4) appropriations from the General Revenue Fund,
22    Education Assistance Fund, or other State appropriations
23    that are made for the purposes of instruction, research,
24    public service, or economic development;
25        (5) funds to the University of Illinois Hospital for
26    health care professional services that are performed by

 

 

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1    University of Illinois faculty or University of Illinois
2    health care programs established under the University of
3    Illinois Hospital Act; or
4        (6) funds designated for the Cooperative Extension
5    Service, as defined in Section 3 of the County Cooperative
6    Extension Law.
7shall not be required to submit such contribution for such
8employees.
9    If an employee of a university is partially compensated
10from the funds or sources of funds identified in paragraphs
11(1) through (6) above, universities shall be required to
12submit a pro rata contribution for the portion of the
13employee's compensation that is derived out of funds or
14sources other than those identified in paragraphs (1) through
15(6) above.
16    The Department of Central Management Services may conduct
17a post-payment review of university reimbursements to assess
18or address any discrepancies. Universities shall cooperate
19with the Department of Central Management Services during any
20post-payment review, that may require universities to provide
21documentation to support payment calculations or funding
22sources used for calculating reimbursements. The Department of
23Central Management Services reserves the right to reconcile
24any discrepancies in reimbursement subtotals or total
25obligations and to notify universities of all final
26reconciliations, which shall include the Department of Central

 

 

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1Management Services calculations and the amount of any credits
2or obligations that may be due.
3    For each employee of the Illinois Toll Highway Authority
4person covered under this Act whose eligibility for such
5coverage is as an annuitant based upon the person's status as
6the recipient of a benefit under the Illinois Pension Code,
7which benefit is based in whole or in part upon service with
8the Toll Highway Authority, the Authority shall annually
9contribute an amount, as determined by the Director of the
10Department of Central Management Services, that represents the
11average employer's share of the cost of retiree coverage per
12participating employee in the State Employees Group Insurance
13Program a pro rata share of the State's cost for the benefits
14of that person.
15(Source: P.A. 102-1071, eff. 6-10-22.)
 
16    Section 10-15. The Children and Family Services Act is
17amended by adding Section 45 as follows:
 
18    (20 ILCS 505/45 new)
19    Sec. 45. Title IV-E funds for legal services to foster
20youth and families.
21    (a) Findings and purpose. The General Assembly finds the
22following:
23        (1) Child welfare court proceedings are serious and
24    life changing. Children and youth are subject to court

 

 

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1    decisions that may forever change their family
2    composition, as well as their connections to culture and
3    heritage.
4        (2) The gravity of child welfare proceedings and the
5    rights and liabilities at stake necessitate the provision
6    of quality legal representation for children and youth
7    throughout the duration of child welfare proceedings.
8        (3) Legal representation serves to protect and advance
9    the interests of children and youth in court and provides
10    confidential attorney-client privilege to ensure children
11    feel safe sharing with attorneys information that
12    otherwise may go unvoiced.
13        (4) As the agency responsible for administering the
14    State's approved Title IV-E State Plan, the Department of
15    Children and Family Services is the only State agency with
16    the authority to seek federal matching funds under Title
17    IV-E of the Social Security Act for children who are
18    candidates for foster care, children who are in foster
19    care, and parents who are participating in foster care
20    legal proceedings.
21        (5) It is the intent of the General Assembly to ensure
22    the Department leverages and maximizes federal resources
23    to support the provision of quality legal representation
24    to children and families to improve outcomes in the child
25    welfare system.
26    (b) Definitions. As used in this Section:

 

 

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1    "Child's lawyer" means a lawyer who is appointed by the
2court to serve as a child's lawyer in a proceeding pending
3under Article II of the Juvenile Court Act of 1987 in
4accordance with the duties prescribed by State statute, court
5rules, standards of practice, and the Illinois Rules of
6Professional Conduct, including, but not limited to,
7diligence, communication, confidentiality, and the
8responsibilities to zealously assert the client's position
9under the rules of the adversary system and to abide by the
10client's decisions concerning the objectives of
11representation, as provided for in the Illinois Rules of
12Professional Conduct.
13    "Respondent's lawyer" means a lawyer who provides legal
14representation to a parent, guardian, legal custodian, or
15responsible relative who is named as a party-respondent in a
16proceeding pending under Article II of the Juvenile Court Act
17of 1987 in accordance with the duties prescribed by State
18statute, court rules, standards of practice, and the Illinois
19Rules of Professional Conduct, including, but not limited to,
20diligence, communication, confidentiality, and the
21responsibilities to zealously assert the client's position
22under the rules of the adversary system and to abide by the
23client's decisions concerning the objectives of
24representation, as provided for in the Illinois Rules of
25Professional Conduct.
26    (c) The Department shall pursue claiming Title IV-E

 

 

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1administrative costs for independent legal representation by
2an attorney for a child who is a candidate for Title IV-E
3foster care, or who is in foster care, and the child's parent
4to prepare for and participate in all stages of foster care
5legal proceedings. Federal reimbursements for these
6administrative costs must be deposited into the Due Process
7for Youth and Families Fund created under subsection (d).
8    (d) The Due Process for Youth and Families Fund is created
9as a special fund in the State treasury. The Fund shall consist
10of any moneys appropriated to the Department from federal
11Title IV-E reimbursements for administrative costs as
12described in subsection (c) and any other moneys deposited
13into the Fund in accordance with this Section. Subject to
14appropriation, moneys in the Fund shall be disbursed for fees
15and costs incurred by organizations or law practitioners that
16provide services as a child's lawyer or respondent's lawyer as
17those terms are defined in subsection (b) and for no other
18purpose. All interest earned on moneys in the Fund shall be
19deposited into the Fund. The Department and the State
20Treasurer may accept funds as provided under Title IV-E of the
21Social Security Act for deposit into the Fund. Annual requests
22for appropriations for the purpose of providing independent
23legal representation under this Section shall be made in
24separate and distinct line-items.
25    (e) Units of local government and public and private
26agencies may apply for and receive federal or State funds from

 

 

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1the Department in accordance with the purposes of this
2Section.
 
3    Section 10-20. The Department of Commerce and Economic
4Opportunity Law of the Civil Administrative Code of Illinois
5is amended by adding Section 605-1105 as follows:
 
6    (20 ILCS 605/605-1105 new)
7    Sec. 605-1105. Local chambers of commerce recovery grants.
8    (a) Upon receipt or availability of the State or federal
9funds described in subsection (b), and subject to
10appropriation of those funds for the purposes described in
11this Section, the Department of Commerce and Economic
12Opportunity shall establish a program to award grants to local
13chambers of commerce. The Department shall award an aggregate
14amount of $5,000,000 in grants under this Section to eligible
15chambers of commerce. Each eligible chamber of commerce that
16applies to the Department for a grant under this Section shall
17certify to the Department the difference between the chamber
18of commerce's total annual revenue in calendar year 2019 and
19the chamber of commerce's total annual revenue in calendar
20year 2020. The maximum amount that may be awarded to any
21eligible chamber of commerce during the first round of grants
22is one-sixth of the certified amount. In determining grant
23amounts awarded under this Act, the Department may consider
24any awards that the chamber of commerce has received from the

 

 

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1Back to Business Grant Program or the Business Interruption
2Grant Program. If the entire amount of moneys appropriated for
3the purposes of this Section has not been allocated after a
4first round of grants is made, the Department may award
5additional funds to eligible chambers of commerce from the
6remaining funds. Grants awarded under this Section shall not
7be used to make any direct lobbying expenditure, as defined in
8subsection (c) of Section 4911 of the Internal Revenue Code,
9or to engage in any political campaign activity described in
10Section 501(c)(3) of the Internal Revenue Code.
11    (b) The Department may use State funds and federal funds
12that are allocated to the State under the authority of
13legislation passed in response to the COVID-19 pandemic to
14provide grants under this Section. Those federal funds
15include, but are not limited to, funds allocated to the State
16under the American Rescue Plan Act of 2021. Any federal moneys
17used for this purpose shall be used in accordance with the
18federal legislation authorizing the use of those funds and
19related federal guidance as well as any other applicable State
20and federal laws.
21    (c) The Department may adopt any rules necessary to
22implement and administer the grant program created by this
23Section. The emergency rulemaking process may be used to adopt
24the initial program rules following the effective date of this
25amendatory Act of the 102nd General Assembly.
26    (d) As used in this Section, "eligible chamber of

 

 

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1commerce" means a voluntary membership, dues-paying
2organization of business and professional persons dedicated to
3improving the economic climate and business development of the
4community, area, or region in which the organization is
5located and that:
6        (1) operates as an approved not-for-profit
7    corporation;
8        (2) is tax-exempt under Section 501(c)(3) or Section
9    501(c)(6) of the Internal Revenue Code of 1986;
10        (3) has an annual revenue of $1,000,000 or less; and
11        (4) has experienced an identifiable negative economic
12    impact resulting from or exacerbated by the public health
13    emergency or served a community disproportionately
14    impacted by a public health emergency.
 
15    Section 10-25. The Illinois Lottery Law is amended by
16changing Section 9.1 as follows:
 
17    (20 ILCS 1605/9.1)
18    Sec. 9.1. Private manager and management agreement.
19    (a) As used in this Section:
20    "Offeror" means a person or group of persons that responds
21to a request for qualifications under this Section.
22    "Request for qualifications" means all materials and
23documents prepared by the Department to solicit the following
24from offerors:

 

 

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1        (1) Statements of qualifications.
2        (2) Proposals to enter into a management agreement,
3    including the identity of any prospective vendor or
4    vendors that the offeror intends to initially engage to
5    assist the offeror in performing its obligations under the
6    management agreement.
7    "Final offer" means the last proposal submitted by an
8offeror in response to the request for qualifications,
9including the identity of any prospective vendor or vendors
10that the offeror intends to initially engage to assist the
11offeror in performing its obligations under the management
12agreement.
13    "Final offeror" means the offeror ultimately selected by
14the Governor to be the private manager for the Lottery under
15subsection (h) of this Section.
16    (b) By September 15, 2010, the Governor shall select a
17private manager for the total management of the Lottery with
18integrated functions, such as lottery game design, supply of
19goods and services, and advertising and as specified in this
20Section.
21    (c) Pursuant to the terms of this subsection, the
22Department shall endeavor to expeditiously terminate the
23existing contracts in support of the Lottery in effect on July
2413, 2009 (the effective date of Public Act 96-37) in
25connection with the selection of the private manager. As part
26of its obligation to terminate these contracts and select the

 

 

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1private manager, the Department shall establish a mutually
2agreeable timetable to transfer the functions of existing
3contractors to the private manager so that existing Lottery
4operations are not materially diminished or impaired during
5the transition. To that end, the Department shall do the
6following:
7        (1) where such contracts contain a provision
8    authorizing termination upon notice, the Department shall
9    provide notice of termination to occur upon the mutually
10    agreed timetable for transfer of functions;
11        (2) upon the expiration of any initial term or renewal
12    term of the current Lottery contracts, the Department
13    shall not renew such contract for a term extending beyond
14    the mutually agreed timetable for transfer of functions;
15    or
16        (3) in the event any current contract provides for
17    termination of that contract upon the implementation of a
18    contract with the private manager, the Department shall
19    perform all necessary actions to terminate the contract on
20    the date that coincides with the mutually agreed timetable
21    for transfer of functions.
22    If the contracts to support the current operation of the
23Lottery in effect on July 13, 2009 (the effective date of
24Public Act 96-34) are not subject to termination as provided
25for in this subsection (c), then the Department may include a
26provision in the contract with the private manager specifying

 

 

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1a mutually agreeable methodology for incorporation.
2    (c-5) The Department shall include provisions in the
3management agreement whereby the private manager shall, for a
4fee, and pursuant to a contract negotiated with the Department
5(the "Employee Use Contract"), utilize the services of current
6Department employees to assist in the administration and
7operation of the Lottery. The Department shall be the employer
8of all such bargaining unit employees assigned to perform such
9work for the private manager, and such employees shall be
10State employees, as defined by the Personnel Code. Department
11employees shall operate under the same employment policies,
12rules, regulations, and procedures, as other employees of the
13Department. In addition, neither historical representation
14rights under the Illinois Public Labor Relations Act, nor
15existing collective bargaining agreements, shall be disturbed
16by the management agreement with the private manager for the
17management of the Lottery.
18    (d) The management agreement with the private manager
19shall include all of the following:
20        (1) A term not to exceed 10 years, including any
21    renewals.
22        (2) A provision specifying that the Department:
23            (A) shall exercise actual control over all
24        significant business decisions;
25            (A-5) has the authority to direct or countermand
26        operating decisions by the private manager at any

 

 

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1        time;
2            (B) has ready access at any time to information
3        regarding Lottery operations;
4            (C) has the right to demand and receive
5        information from the private manager concerning any
6        aspect of the Lottery operations at any time; and
7            (D) retains ownership of all trade names,
8        trademarks, and intellectual property associated with
9        the Lottery.
10        (3) A provision imposing an affirmative duty on the
11    private manager to provide the Department with material
12    information and with any information the private manager
13    reasonably believes the Department would want to know to
14    enable the Department to conduct the Lottery.
15        (4) A provision requiring the private manager to
16    provide the Department with advance notice of any
17    operating decision that bears significantly on the public
18    interest, including, but not limited to, decisions on the
19    kinds of games to be offered to the public and decisions
20    affecting the relative risk and reward of the games being
21    offered, so the Department has a reasonable opportunity to
22    evaluate and countermand that decision.
23        (5) A provision providing for compensation of the
24    private manager that may consist of, among other things, a
25    fee for services and a performance based bonus as
26    consideration for managing the Lottery, including terms

 

 

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1    that may provide the private manager with an increase in
2    compensation if Lottery revenues grow by a specified
3    percentage in a given year.
4        (6) (Blank).
5        (7) A provision requiring the deposit of all Lottery
6    proceeds to be deposited into the State Lottery Fund
7    except as otherwise provided in Section 20 of this Act.
8        (8) A provision requiring the private manager to
9    locate its principal office within the State.
10        (8-5) A provision encouraging that at least 20% of the
11    cost of contracts entered into for goods and services by
12    the private manager in connection with its management of
13    the Lottery, other than contracts with sales agents or
14    technical advisors, be awarded to businesses that are a
15    minority-owned business, a women-owned business, or a
16    business owned by a person with disability, as those terms
17    are defined in the Business Enterprise for Minorities,
18    Women, and Persons with Disabilities Act.
19        (9) A requirement that so long as the private manager
20    complies with all the conditions of the agreement under
21    the oversight of the Department, the private manager shall
22    have the following duties and obligations with respect to
23    the management of the Lottery:
24            (A) The right to use equipment and other assets
25        used in the operation of the Lottery.
26            (B) The rights and obligations under contracts

 

 

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1        with retailers and vendors.
2            (C) The implementation of a comprehensive security
3        program by the private manager.
4            (D) The implementation of a comprehensive system
5        of internal audits.
6            (E) The implementation of a program by the private
7        manager to curb compulsive gambling by persons playing
8        the Lottery.
9            (F) A system for determining (i) the type of
10        Lottery games, (ii) the method of selecting winning
11        tickets, (iii) the manner of payment of prizes to
12        holders of winning tickets, (iv) the frequency of
13        drawings of winning tickets, (v) the method to be used
14        in selling tickets, (vi) a system for verifying the
15        validity of tickets claimed to be winning tickets,
16        (vii) the basis upon which retailer commissions are
17        established by the manager, and (viii) minimum
18        payouts.
19        (10) A requirement that advertising and promotion must
20    be consistent with Section 7.8a of this Act.
21        (11) A requirement that the private manager market the
22    Lottery to those residents who are new, infrequent, or
23    lapsed players of the Lottery, especially those who are
24    most likely to make regular purchases on the Internet as
25    permitted by law.
26        (12) A code of ethics for the private manager's

 

 

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1    officers and employees.
2        (13) A requirement that the Department monitor and
3    oversee the private manager's practices and take action
4    that the Department considers appropriate to ensure that
5    the private manager is in compliance with the terms of the
6    management agreement, while allowing the manager, unless
7    specifically prohibited by law or the management
8    agreement, to negotiate and sign its own contracts with
9    vendors.
10        (14) A provision requiring the private manager to
11    periodically file, at least on an annual basis,
12    appropriate financial statements in a form and manner
13    acceptable to the Department.
14        (15) Cash reserves requirements.
15        (16) Procedural requirements for obtaining the prior
16    approval of the Department when a management agreement or
17    an interest in a management agreement is sold, assigned,
18    transferred, or pledged as collateral to secure financing.
19        (17) Grounds for the termination of the management
20    agreement by the Department or the private manager.
21        (18) Procedures for amendment of the agreement.
22        (19) A provision requiring the private manager to
23    engage in an open and competitive bidding process for any
24    procurement having a cost in excess of $50,000 that is not
25    a part of the private manager's final offer. The process
26    shall favor the selection of a vendor deemed to have

 

 

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1    submitted a proposal that provides the Lottery with the
2    best overall value. The process shall not be subject to
3    the provisions of the Illinois Procurement Code, unless
4    specifically required by the management agreement.
5        (20) The transition of rights and obligations,
6    including any associated equipment or other assets used in
7    the operation of the Lottery, from the manager to any
8    successor manager of the lottery, including the
9    Department, following the termination of or foreclosure
10    upon the management agreement.
11        (21) Right of use of copyrights, trademarks, and
12    service marks held by the Department in the name of the
13    State. The agreement must provide that any use of them by
14    the manager shall only be for the purpose of fulfilling
15    its obligations under the management agreement during the
16    term of the agreement.
17        (22) The disclosure of any information requested by
18    the Department to enable it to comply with the reporting
19    requirements and information requests provided for under
20    subsection (p) of this Section.
21    (e) Notwithstanding any other law to the contrary, the
22Department shall select a private manager through a
23competitive request for qualifications process consistent with
24Section 20-35 of the Illinois Procurement Code, which shall
25take into account:
26        (1) the offeror's ability to market the Lottery to

 

 

10200HB5052sam001- 23 -LRB102 24370 JDS 42508 a

1    those residents who are new, infrequent, or lapsed players
2    of the Lottery, especially those who are most likely to
3    make regular purchases on the Internet;
4        (2) the offeror's ability to address the State's
5    concern with the social effects of gambling on those who
6    can least afford to do so;
7        (3) the offeror's ability to provide the most
8    successful management of the Lottery for the benefit of
9    the people of the State based on current and past business
10    practices or plans of the offeror; and
11        (4) the offeror's poor or inadequate past performance
12    in servicing, equipping, operating or managing a lottery
13    on behalf of Illinois, another State or foreign government
14    and attracting persons who are not currently regular
15    players of a lottery.
16    (f) The Department may retain the services of an advisor
17or advisors with significant experience in financial services
18or the management, operation, and procurement of goods,
19services, and equipment for a government-run lottery to assist
20in the preparation of the terms of the request for
21qualifications and selection of the private manager. Any
22prospective advisor seeking to provide services under this
23subsection (f) shall disclose any material business or
24financial relationship during the past 3 years with any
25potential offeror, or with a contractor or subcontractor
26presently providing goods, services, or equipment to the

 

 

10200HB5052sam001- 24 -LRB102 24370 JDS 42508 a

1Department to support the Lottery. The Department shall
2evaluate the material business or financial relationship of
3each prospective advisor. The Department shall not select any
4prospective advisor with a substantial business or financial
5relationship that the Department deems to impair the
6objectivity of the services to be provided by the prospective
7advisor. During the course of the advisor's engagement by the
8Department, and for a period of one year thereafter, the
9advisor shall not enter into any business or financial
10relationship with any offeror or any vendor identified to
11assist an offeror in performing its obligations under the
12management agreement. Any advisor retained by the Department
13shall be disqualified from being an offeror. The Department
14shall not include terms in the request for qualifications that
15provide a material advantage whether directly or indirectly to
16any potential offeror, or any contractor or subcontractor
17presently providing goods, services, or equipment to the
18Department to support the Lottery, including terms contained
19in previous responses to requests for proposals or
20qualifications submitted to Illinois, another State or foreign
21government when those terms are uniquely associated with a
22particular potential offeror, contractor, or subcontractor.
23The request for proposals offered by the Department on
24December 22, 2008 as "LOT08GAMESYS" and reference number
25"22016176" is declared void.
26    (g) The Department shall select at least 2 offerors as

 

 

10200HB5052sam001- 25 -LRB102 24370 JDS 42508 a

1finalists to potentially serve as the private manager no later
2than August 9, 2010. Upon making preliminary selections, the
3Department shall schedule a public hearing on the finalists'
4proposals and provide public notice of the hearing at least 7
5calendar days before the hearing. The notice must include all
6of the following:
7        (1) The date, time, and place of the hearing.
8        (2) The subject matter of the hearing.
9        (3) A brief description of the management agreement to
10    be awarded.
11        (4) The identity of the offerors that have been
12    selected as finalists to serve as the private manager.
13        (5) The address and telephone number of the
14    Department.
15    (h) At the public hearing, the Department shall (i)
16provide sufficient time for each finalist to present and
17explain its proposal to the Department and the Governor or the
18Governor's designee, including an opportunity to respond to
19questions posed by the Department, Governor, or designee and
20(ii) allow the public and non-selected offerors to comment on
21the presentations. The Governor or a designee shall attend the
22public hearing. After the public hearing, the Department shall
23have 14 calendar days to recommend to the Governor whether a
24management agreement should be entered into with a particular
25finalist. After reviewing the Department's recommendation, the
26Governor may accept or reject the Department's recommendation,

 

 

10200HB5052sam001- 26 -LRB102 24370 JDS 42508 a

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

 

 

10200HB5052sam001- 27 -LRB102 24370 JDS 42508 a

1execution of the Department's powers under this Section.
2    (m) Neither this Section nor any management agreement
3entered into under this Section prohibits the General Assembly
4from authorizing forms of gambling that are not in direct
5competition with the Lottery. The forms of gambling authorized
6by Public Act 101-31 constitute authorized forms of gambling
7that are not in direct competition with the Lottery.
8    (n) The private manager shall be subject to a complete
9investigation in the third, seventh, and tenth years of the
10agreement (if the agreement is for a 10-year term) by the
11Department in cooperation with the Auditor General to
12determine whether the private manager has complied with this
13Section and the management agreement. The private manager
14shall bear the cost of an investigation or reinvestigation of
15the private manager under this subsection.
16    (o) The powers conferred by this Section are in addition
17and supplemental to the powers conferred by any other law. If
18any other law or rule is inconsistent with this Section,
19including, but not limited to, provisions of the Illinois
20Procurement Code, then this Section controls as to any
21management agreement entered into under this Section. This
22Section and any rules adopted under this Section contain full
23and complete authority for a management agreement between the
24Department and a private manager. No law, procedure,
25proceeding, publication, notice, consent, approval, order, or
26act by the Department or any other officer, Department,

 

 

10200HB5052sam001- 28 -LRB102 24370 JDS 42508 a

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

 

 

10200HB5052sam001- 29 -LRB102 24370 JDS 42508 a

1contrary, the Chief Procurement Officer shall adopt
2administrative rules, including emergency rules, to establish
3a procurement process to select a successor private manager if
4a private management agreement has been terminated. The
5selection process shall at a minimum take into account the
6criteria set forth in items (1) through (4) of subsection (e)
7of this Section and may include provisions consistent with
8subsections (f), (g), (h), and (i) of this Section. The Chief
9Procurement Officer shall also implement and administer the
10adopted selection process upon the termination of a private
11management agreement. The Department, after the Chief
12Procurement Officer certifies that the procurement process has
13been followed in accordance with the rules adopted under this
14subsection (o), shall select a final offeror as the private
15manager and sign the management agreement with the private
16manager.
17    Through June 30, 2022, except as provided in Sections
1821.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12, and 21.13
19of this Act and Section 25-70 of the Sports Wagering Act, the
20Department shall distribute all proceeds of lottery tickets
21and shares sold in the following priority and manner:
22        (1) The payment of prizes and retailer bonuses.
23        (2) The payment of costs incurred in the operation and
24    administration of the Lottery, including the payment of
25    sums due to the private manager under the management
26    agreement with the Department.

 

 

10200HB5052sam001- 30 -LRB102 24370 JDS 42508 a

1        (3) On the last day of each month or as soon thereafter
2    as possible, the State Comptroller shall direct and the
3    State Treasurer shall transfer from the State Lottery Fund
4    to the Common School Fund an amount that is equal to the
5    proceeds transferred in the corresponding month of fiscal
6    year 2009, as adjusted for inflation, to the Common School
7    Fund.
8        (4) On or before September 30 of each fiscal year,
9    deposit any estimated remaining proceeds from the prior
10    fiscal year, subject to payments under items (1), (2), and
11    (3), into the Capital Projects Fund. Beginning in fiscal
12    year 2019, the amount deposited shall be increased or
13    decreased each year by the amount the estimated payment
14    differs from the amount determined from each year-end
15    financial audit. Only remaining net deficits from prior
16    fiscal years may reduce the requirement to deposit these
17    funds, as determined by the annual financial audit.
18    Beginning July 1, 2022, the Department shall distribute
19all proceeds of lottery tickets and shares sold in the manner
20and priority described in Section 9.3 of this Act, except that
21the Department shall make the transfer into the Capital
22Projects Fund that would have occurred under item (4) of this
23subsection (o) on or before September 30, 2022, but for the
24changes made to this subsection by Public Act 102-699.
25    (p) The Department shall be subject to the following
26reporting and information request requirements:

 

 

10200HB5052sam001- 31 -LRB102 24370 JDS 42508 a

1        (1) the Department shall submit written quarterly
2    reports to the Governor and the General Assembly on the
3    activities and actions of the private manager selected
4    under this Section;
5        (2) upon request of the Chief Procurement Officer, the
6    Department shall promptly produce information related to
7    the procurement activities of the Department and the
8    private manager requested by the Chief Procurement
9    Officer; the Chief Procurement Officer must retain
10    confidential, proprietary, or trade secret information
11    designated by the Department in complete confidence
12    pursuant to subsection (g) of Section 7 of the Freedom of
13    Information Act; and
14        (3) at least 30 days prior to the beginning of the
15    Department's fiscal year, the Department shall prepare an
16    annual written report on the activities of the private
17    manager selected under this Section and deliver that
18    report to the Governor and General Assembly.
19(Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19;
20101-561, eff. 8-23-19; 102-558, eff. 8-20-21; 102-699, eff.
214-19-22.)
 
22    Section 10-27. The Legislative Materials Act is amended by
23changing Section 1 as follows:
 
24    (25 ILCS 105/1)  (from Ch. 63, par. 801)

 

 

10200HB5052sam001- 32 -LRB102 24370 JDS 42508 a

1    Sec. 1. Fees.
2    (a) The Clerk of the House of Representatives may
3establish a schedule of reasonable fees to be charged for
4providing copies of daily and bound journals, committee
5documents, committee tape recordings, transcripts of committee
6proceedings, and committee notices, for providing copies of
7bills on a continuing or individual basis, and for providing
8tape recordings and transcripts of floor debates and other
9proceedings of the House.
10    (b) The Secretary of the Senate may establish a schedule
11of reasonable fees to be charged for providing copies of daily
12and bound journals, committee notices, for providing copies of
13bills on a continuing or individual basis, and for providing
14tape recordings and transcripts of floor debates and other
15proceedings of the Senate.
16    (c) The Clerk of the House of Representatives and the
17Secretary of the Senate may establish a schedule of reasonable
18fees to be charged for providing live audio of floor debates
19and other proceedings of the House of Representatives and the
20Senate. The Clerk and the Secretary shall have complete
21discretion over the distribution of live audio under this
22subsection (c), including discretion over the conditions under
23which live audio shall be distributed, except that live audio
24shall be distributed to the General Assembly and its staffs.
25Nothing in this subsection (c) shall be construed to create an
26obligation on the part of the Clerk or Secretary to provide

 

 

10200HB5052sam001- 33 -LRB102 24370 JDS 42508 a

1live audio to any person or entity other than to the General
2Assembly and its staffs.
3    (c-5) The Clerk of the House of Representatives, to the
4extent authorized by the House Rules, and the Secretary of the
5Senate, to the extent authorized by the Rules of the Senate,
6may establish a schedule of reasonable fees to be charged to
7members for the preparation, filing, and reproduction of
8non-substantive resolutions.
9    (c-10) Through December 31, 2010, the Clerk of the House
10of Representatives may sell to a member of the House of
11Representatives one or more of the chairs that comprise member
12seating in the House chamber. The Clerk must charge the
13original cost of the chairs.
14    (c-15) Through December 31, 2010, the Secretary of the
15Senate may sell to a member of the Senate one or more of the
16chairs that comprise member seating in the Senate chamber. The
17Secretary must charge the original cost of the chairs.
18    (d) Receipts from all fees and charges established under
19this Section shall be deposited by the Clerk and the Secretary
20into the General Assembly Operations Revolving Fund, a special
21fund in the State treasury. Amounts in the Fund may be
22appropriated for the operations of the offices of the Clerk of
23the House of Representatives and the Secretary of the Senate,
24including the replacement of items sold under subsections
25(c-10) and (c-15).
26(Source: P.A. 95-21, eff. 8-3-07.)
 

 

 

10200HB5052sam001- 34 -LRB102 24370 JDS 42508 a

1    Section 10-30. The State Finance Act is amended by
2changing Section 6z-130, as added by Public Act 102-699, and
3Sections 6z-114, 8.27, and 8g-1 and by adding Sections 5.990,
45.991, and 6z-138 as follows:
 
5    (30 ILCS 105/5.990 new)
6    Sec. 5.990. The Hate Crimes and Bias Incident Prevention
7and Response Fund.
 
8    (30 ILCS 105/5.991 new)
9    Sec. 5.991. The Due Process for Youth and Families Fund.
 
10    (30 ILCS 105/6z-114)
11    Sec. 6z-114. The Ronald McDonald House Charities Fund;
12creation. The Ronald McDonald House Charities Fund is created
13as a special fund in the State treasury. From appropriations
14to the Department of Human Services from the Fund, the
15Department shall Subject to appropriation, moneys in the Fund
16shall be used to make grants to Ronald McDonald House
17Charities for services in Illinois.
18(Source: P.A. 102-73, eff. 7-9-21.)
 
19    (30 ILCS 105/6z-134)
20    Sec. 6z-134 6z-130. Statewide 9-8-8 Trust Fund.
21    (a) The Statewide 9-8-8 Trust Fund is created as a special

 

 

10200HB5052sam001- 35 -LRB102 24370 JDS 42508 a

1fund in the State treasury. Moneys in the Fund shall be used by
2the Department of Human Services for the purposes of
3establishing and maintaining a statewide 9-8-8 suicide
4prevention and mental health crisis system pursuant to the
5National Suicide Hotline Designation Act of 2020, the Federal
6Communication Commission's rules adopted on July 16, 2020, and
7national guidelines for crisis care. The Fund shall consist
8of:
9        (1) appropriations by the General Assembly;
10        (2) grants and gifts intended for deposit in the Fund;
11        (3) interest, premiums, gains, or other earnings on
12    the Fund;
13        (4) moneys received from any other source that are
14    deposited in or transferred into the Fund.
15    (b) Moneys in the Fund:
16        (1) do not revert at the end of any State fiscal year
17    but remain available for the purposes of the Fund in
18    subsequent State fiscal years; and
19        (2) are not subject to transfer to any other Fund or to
20    transfer, assignment, or reassignment for any other use or
21    purpose outside of those specified in this Section.
22    (c) An annual report of Fund deposits and expenditures
23shall be made to the General Assembly and the Federal
24Communications Commission.
25    (d) (Blank). In addition to any other transfers that may
26be provided for by law, on July 1, 2022, or as soon thereafter

 

 

10200HB5052sam001- 36 -LRB102 24370 JDS 42508 a

1as practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $5,000,000 from the
3Statewide 9-1-1 Fund to the Statewide 9-8-8 Trust Fund.
4(Source: P.A. 102-699, eff. 4-19-22; revised 8-1-22.)
 
5    (30 ILCS 105/6z-138 new)
6    Sec. 6z-138. Hate Crimes and Bias Incident Prevention and
7Response Fund.
8    (a) The Hate Crimes and Bias Incident Prevention and
9Response Fund is created as a special fund in the State
10treasury. The Fund may accept moneys from any lawful source.
11Any interest earned on moneys in the Fund shall be deposited
12into the Fund.
13    (b) Subject to appropriation, moneys in the Hate Crimes
14and Bias Incident Prevention and Response Fund shall be used
15by the Department of Human Rights, in its capacity as
16administrator and fiscal agent for the Commission on
17Discrimination and Hate Crimes, for operational and
18administrative expenditures related to, as well as the award
19of grants that support the eradication of, hate crimes and
20bias incidents.
21    (c) The Department of Human Rights shall adopt rules
22establishing requirements for the distribution of grant moneys
23and the determination of which persons or entities are
24eligible for grants and may adopt any other rules necessary to
25implement this Section and administer the Fund.
 

 

 

10200HB5052sam001- 37 -LRB102 24370 JDS 42508 a

1    (30 ILCS 105/8.27)  (from Ch. 127, par. 144.27)
2    Sec. 8.27. All receipts from federal financial
3participation in the Foster Care and Adoption Services program
4under Title IV-E of the federal Social Security Act, including
5receipts for related indirect costs, shall be deposited into
6in the DCFS Children's Services Fund or the Due Process for
7Youth and Families Fund as provided in Section 45 of the
8Children and Family Services Act.
9    Beginning on July 20, 2010 (the effective date of Public
10Act 96-1127), any funds paid to the State by the federal
11government under Title XIX and Title XXI of the Social
12Security Act for child welfare services delivered by community
13mental health providers, certified and paid as Medicaid
14providers by the Department of Children and Family Services,
15for child welfare services relating to Medicaid-eligible
16clients and families served consistent with the purposes of
17the Department of Children and Family Services, including
18services delivered as a result of the conversion of such
19providers from a comprehensive rate to a fee-for-service
20payment methodology, and any subsequent revenue maximization
21initiatives performed by such providers, and any interest
22earned thereon, shall be deposited directly into the DCFS
23Children's Services Fund. Such funds shall be used for the
24provision of child welfare services provided to eligible
25individuals identified by the Department of Children and

 

 

10200HB5052sam001- 38 -LRB102 24370 JDS 42508 a

1Family Services. Child welfare services are defined in Section
25 of the Children and Family Services Act.
3    All receipts from federal financial participation in the
4Child Welfare Services program under Title IV-B of the federal
5Social Security Act, including receipts for related indirect
6costs, shall be deposited into the DCFS Children's Services
7Fund for those moneys received as reimbursement for services
8provided on or after July 1, 1994.
9    For services provided on or after July 1, 2007, all
10federal funds received pursuant to the John H. Chafee Foster
11Care Independence Program shall be deposited into the DCFS
12Children's Services Fund.
13    Except as otherwise provided in this Section, moneys in
14the Fund may be used by the Department, pursuant to
15appropriation by the General Assembly, for the ordinary and
16contingent expenses of the Department.
17    In accordance with subsection (q) of Section 5 of the
18Children and Family Services Act, disbursements from
19individual children's accounts shall be deposited into the
20DCFS Children's Services Fund.
21    Receipts from public and unsolicited private grants, fees
22for training, and royalties earned from the publication of
23materials owned by or licensed to the Department of Children
24and Family Services shall be deposited into the DCFS
25Children's Services Fund.
26(Source: P.A. 102-1071, eff. 6-10-22.)
 

 

 

10200HB5052sam001- 39 -LRB102 24370 JDS 42508 a

1    (30 ILCS 105/8g-1)
2    Sec. 8g-1. Fund transfers.
3    (a) (Blank).
4    (b) (Blank).
5    (c) (Blank).
6    (d) (Blank).
7    (e) (Blank).
8    (f) (Blank).
9    (g) (Blank).
10    (h) (Blank).
11    (i) (Blank).
12    (j) (Blank).
13    (k) (Blank).
14    (l) (Blank).
15    (m) (Blank).
16    (n) (Blank).
17    (o) (Blank).
18    (p) (Blank).
19    (q) (Blank).
20    (r) (Blank).
21    (s) (Blank).
22    (t) (Blank).
23    (u) In addition to any other transfers that may be
24provided for by law, on July 1, 2021, or as soon thereafter as
25practical, only as directed by the Director of the Governor's

 

 

10200HB5052sam001- 40 -LRB102 24370 JDS 42508 a

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

 

 

10200HB5052sam001- 41 -LRB102 24370 JDS 42508 a

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

 

 

10200HB5052sam001- 42 -LRB102 24370 JDS 42508 a

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

 

 

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

 

 

10200HB5052sam001- 44 -LRB102 24370 JDS 42508 a

1$400,000,000 from the General Revenue Fund to the Large
2Business Attraction Fund.
3    (kk) In addition to any other transfers that may be
4provided for by law, on January 1, 2023, or as soon thereafter
5as practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $75,000,000 from the
7General Revenue Fund to the Disaster Response and Recovery
8Fund.
9(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
10102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 102-700, Article
1140, Section 40-5, eff. 4-19-22; 102-700, Article 80, Section
1280-5, eff. 4-19-22; revised 6-23-22.)
 
13    Section 10-35. The Budget Stabilization Act is amended by
14changing Section 15 as follows:
 
15    (30 ILCS 122/15)
16    Sec. 15. Transfers to Budget Stabilization Fund. In
17furtherance of the State's objective for the Budget
18Stabilization Fund to have resources representing 7.5% 5% of
19the State's annual general funds revenues:
20    (a) For each fiscal year when the General Assembly's
21appropriations and transfers or diversions as required by law
22from general funds do not exceed 99% of the estimated general
23funds revenues pursuant to subsection (a) of Section 10, the
24Comptroller shall transfer from the General Revenue Fund as

 

 

10200HB5052sam001- 45 -LRB102 24370 JDS 42508 a

1provided by this Section a total amount equal to 0.5% of the
2estimated general funds revenues to the Budget Stabilization
3Fund.
4    (b) For each fiscal year when the General Assembly's
5appropriations and transfers or diversions as required by law
6from general funds do not exceed 98% of the estimated general
7funds revenues pursuant to subsection (b) of Section 10, the
8Comptroller shall transfer from the General Revenue Fund as
9provided by this Section a total amount equal to 1% of the
10estimated general funds revenues to the Budget Stabilization
11Fund.
12    (c) The Comptroller shall transfer 1/12 of the total
13amount to be transferred each fiscal year under this Section
14into the Budget Stabilization Fund on the first day of each
15month of that fiscal year or as soon thereafter as possible.
16The balance of the Budget Stabilization Fund shall not exceed
177.5% 5% of the total of general funds revenues estimated for
18that fiscal year except as provided by subsection (d) of this
19Section.
20    (d) If the balance of the Budget Stabilization Fund
21exceeds 7.5% 5% of the total general funds revenues estimated
22for that fiscal year, the additional transfers are not
23required unless there are outstanding liabilities under
24Section 25 of the State Finance Act from prior fiscal years. If
25there are such outstanding Section 25 liabilities, then the
26Comptroller shall continue to transfer 1/12 of the total

 

 

10200HB5052sam001- 46 -LRB102 24370 JDS 42508 a

1amount identified for transfer to the Budget Stabilization
2Fund on the first day of each month of that fiscal year or as
3soon thereafter as possible to be reserved for those Section
425 liabilities. Nothing in this Act prohibits the General
5Assembly from appropriating additional moneys into the Budget
6Stabilization Fund.
7    (e) On or before August 31 of each fiscal year, the amount
8determined to be transferred to the Budget Stabilization Fund
9shall be reconciled to actual general funds revenues for that
10fiscal year. The final transfer for each fiscal year shall be
11adjusted so that the total amount transferred under this
12Section is equal to the percentage specified in subsection (a)
13or (b) of this Section, as applicable, based on actual general
14funds revenues calculated consistently with subsection (c) of
15Section 10 of this Act for each fiscal year.
16    (f) For the fiscal year beginning July 1, 2006 and for each
17fiscal year thereafter, the budget proposal to the General
18Assembly shall identify liabilities incurred in a prior fiscal
19year under Section 25 of the State Finance Act and the budget
20proposal shall provide funding as allowable pursuant to
21subsection (d) of this Section, if applicable.
22(Source: P.A. 93-660, eff. 7-1-04; 94-839, eff. 6-6-06.)
 
23    Section 10-37. The Build Illinois Act is amended by
24changing Section 10-6 as follows:
 

 

 

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1    (30 ILCS 750/10-6)  (from Ch. 127, par. 2710-6)
2    Sec. 10-6. Large Business Attraction Fund.
3    (a) There is created the Large Business Attraction Fund to
4be held as part of the State Treasury. The Department is
5authorized to make loans from the Fund for the purposes
6established under this Article. The State Treasurer shall have
7custody of the Fund and may invest in securities constituting
8direct obligations of the United States Government, in
9obligations the principal of and interest on which are
10guaranteed by the United States Government, or in certificates
11of deposit of any State or national bank that are fully secured
12by obligations guaranteed as to principal and interest by the
13United States Government. The purpose of the Fund is to offer
14loans to finance large firms considering the location of a
15proposed plant in the State and to provide financing to carry
16out the purposes and provisions of paragraph (h) of Section
1710-3. Financing shall be in the form of a loan, mortgage, or
18other debt instrument. All loans shall be conditioned on the
19project receiving financing from participating lenders or
20other sources. Loan proceeds shall be available for project
21costs associated with an expansion of business capacity and
22employment, except for debt refinancing. Targeted companies
23for the program shall primarily consist of established
24industrial and service companies with proven records of
25earnings that will sell their product to markets beyond
26Illinois and have proven multistate location options. New

 

 

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1ventures shall be considered only if the entity is protected
2with adequate security with regard to its financing and
3operation. The limitations and conditions with respect to the
4use of this Fund shall not apply in carrying out the purposes
5and provisions of paragraph (h) of Section 10-3.
6    (b) Deposits into the Fund shall include, but are not
7limited to:
8        (1) Any appropriations, grants, or gifts made to the
9    Fund.
10        (2) Any income received from interest on investments
11    of amounts from the Fund not currently needed to meet the
12    obligations of the Fund.
13    (c) The State Comptroller and the State Treasurer shall
14from time to time, upon the written direction of the Governor,
15transfer from the Fund to the General Revenue Fund or the
16Budget Stabilization Fund those amounts that the Governor
17determines are in excess of the amounts required to meet the
18obligations of the Fund. Any amounts transferred to the Budget
19Stabilization Fund may be transferred back to the Large
20Business Attraction Fund by the State Comptroller and the
21State Treasurer, upon the written direction of the Governor.
22(Source: P.A. 90-372, eff. 7-1-98.)
 
23    Section 10-40. The Illinois Police Training Act is amended
24by changing Section 6 as follows:
 

 

 

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1    (50 ILCS 705/6)  (from Ch. 85, par. 506)
2    Sec. 6. Powers and duties of the Board; selection and
3certification of schools. The Board shall select and certify
4schools within the State of Illinois for the purpose of
5providing basic training for probationary law enforcement
6officers, probationary county corrections officers, and court
7security officers and of providing advanced or in-service
8training for permanent law enforcement officers or permanent
9county corrections officers, which schools may be either
10publicly or privately owned and operated. In addition, the
11Board has the following power and duties:
12        a. To require law enforcement agencies to furnish such
13    reports and information as the Board deems necessary to
14    fully implement this Act.
15        b. To establish appropriate mandatory minimum
16    standards relating to the training of probationary local
17    law enforcement officers or probationary county
18    corrections officers, and in-service training of permanent
19    law enforcement officers.
20        c. To provide appropriate certification to those
21    probationary officers who successfully complete the
22    prescribed minimum standard basic training course.
23        d. To review and approve annual training curriculum
24    for county sheriffs.
25        e. To review and approve applicants to ensure that no
26    applicant is admitted to a certified academy unless the

 

 

10200HB5052sam001- 50 -LRB102 24370 JDS 42508 a

1    applicant is a person of good character and has not been
2    convicted of, found guilty of, entered a plea of guilty
3    to, or entered a plea of nolo contendere to a felony
4    offense, any of the misdemeanors in Sections 11-1.50,
5    11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1,
6    11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2,
7    26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
8    violation of any Section of Part E of Title III of the
9    Criminal Code of 1961 or the Criminal Code of 2012, or
10    subsection (a) of Section 17-32 of the Criminal Code of
11    1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
12    the Cannabis Control Act, or a crime involving moral
13    turpitude under the laws of this State or any other state
14    which if committed in this State would be punishable as a
15    felony or a crime of moral turpitude, or any felony or
16    misdemeanor in violation of federal law or the law of any
17    state that is the equivalent of any of the offenses
18    specified therein. The Board may appoint investigators who
19    shall enforce the duties conferred upon the Board by this
20    Act.
21        For purposes of this paragraph e, a person is
22    considered to have been convicted of, found guilty of, or
23    entered a plea of guilty to, plea of nolo contendere to
24    regardless of whether the adjudication of guilt or
25    sentence is withheld or not entered thereon. This includes
26    sentences of supervision, conditional discharge, or first

 

 

10200HB5052sam001- 51 -LRB102 24370 JDS 42508 a

1    offender probation, or any similar disposition provided
2    for by law.
3        f. To establish statewide standards for minimum
4    standards regarding regular mental health screenings for
5    probationary and permanent police officers, ensuring that
6    counseling sessions and screenings remain confidential.
7        g. To review and ensure all law enforcement officers
8    remain in compliance with this Act, and any administrative
9    rules adopted under this Act.
10        h. To suspend any certificate for a definite period,
11    limit or restrict any certificate, or revoke any
12    certificate.
13        i. The Board and the Panel shall have power to secure
14    by its subpoena and bring before it any person or entity in
15    this State and to take testimony either orally or by
16    deposition or both with the same fees and mileage and in
17    the same manner as prescribed by law in judicial
18    proceedings in civil cases in circuit courts of this
19    State. The Board and the Panel shall also have the power to
20    subpoena the production of documents, papers, files,
21    books, documents, and records, whether in physical or
22    electronic form, in support of the charges and for
23    defense, and in connection with a hearing or
24    investigation.
25        j. The Executive Director, the administrative law
26    judge designated by the Executive Director, and each

 

 

10200HB5052sam001- 52 -LRB102 24370 JDS 42508 a

1    member of the Board and the Panel shall have the power to
2    administer oaths to witnesses at any hearing that the
3    Board is authorized to conduct under this Act and any
4    other oaths required or authorized to be administered by
5    the Board under this Act.
6        k. In case of the neglect or refusal of any person to
7    obey a subpoena issued by the Board and the Panel, any
8    circuit court, upon application of the Board and the
9    Panel, through the Illinois Attorney General, may order
10    such person to appear before the Board and the Panel give
11    testimony or produce evidence, and any failure to obey
12    such order is punishable by the court as a contempt
13    thereof. This order may be served by personal delivery, by
14    email, or by mail to the address of record or email address
15    of record.
16        l. The Board shall have the power to administer state
17    certification examinations. Any and all records related to
18    these examinations, including, but not limited to, test
19    questions, test formats, digital files, answer responses,
20    answer keys, and scoring information shall be exempt from
21    disclosure.
22        m. To make grants, subject to appropriation, to units
23    of local government and public institutions of higher
24    education for the purposes of hiring and retaining law
25    enforcement officers.
26(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,

 

 

10200HB5052sam001- 53 -LRB102 24370 JDS 42508 a

1Section 10-143, eff. 7-1-21; 101-652, Article 25, Section
225-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff.
31-7-22.)
 
4    Section 10-45. The Liquor Control Act of 1934 is amended
5by adding Section 3-4.1 as follows:
 
6    (235 ILCS 5/3-4.1 new)
7    Sec. 3-4.1. Obtaining evidence. The State Commission has
8the power to expend sums that the Executive Director deems
9necessary for the purchase of evidence and for the employment
10of persons to obtain evidence. The sums shall be advanced to
11employees authorized by the Executive Director to expend
12funds, on vouchers signed by the Executive Director.
13    In addition, the Executive Director is authorized to
14maintain one or more commercial checking accounts with any
15State banking corporation or corporations organized under or
16subject to the Illinois Banking Act for the deposit and
17withdrawal of moneys to be used solely for the purchase of
18evidence and for the employment of persons to obtain evidence.
19No check may be written on nor any withdrawal made from such an
20account except on the written signature of 2 persons
21designated by the Executive Director to write those checks and
22make those withdrawals. The balance of moneys on deposit in
23any such account shall not exceed $25,000 at any time, nor
24shall any one check written on or single withdrawal made from

 

 

10200HB5052sam001- 54 -LRB102 24370 JDS 42508 a

1any such account exceed $25,000.
 
2    Section 10-47. The Illinois Public Aid Code is amended by
3changing Sections 4-1.6 as follows:
 
4    (305 ILCS 5/4-1.6)  (from Ch. 23, par. 4-1.6)
5    Sec. 4-1.6. Need. Income available to the family as
6defined by the Illinois Department by rule, or to the child in
7the case of a child removed from his or her home, when added to
8contributions in money, substance or services from other
9sources, including income available from parents absent from
10the home or from a stepparent, contributions made for the
11benefit of the parent or other persons necessary to provide
12care and supervision to the child, and contributions from
13legally responsible relatives, must be equal to or less than
14the grant amount established by Department regulation for such
15a person. For purposes of eligibility for aid under this
16Article, the Department shall (a) disregard all earned income
17between the grant amount and 50% of the Federal Poverty Level
18and (b) disregard the value of all assets held by the family.
19    In considering income to be taken into account,
20consideration shall be given to any expenses reasonably
21attributable to the earning of such income. Three-fourths of
22the earned income of a household eligible for aid under this
23Article shall be disregarded when determining the level of
24assistance for which a household is eligible. All The first

 

 

10200HB5052sam001- 55 -LRB102 24370 JDS 42508 a

1$100 of child support, whether it be current support, past
2support owed, or future support, that is collected on or after
3January 1, 2023 on behalf of a family in a month for one child
4and the first $200 of child support collected on behalf of a
5family in a month for 2 or more children shall be passed
6through to the family and disregarded in determining the
7amount of the assistance grant provided to the family under
8this Article. Any amount of child support that would be
9disregarded in determining the amount of the assistance grant
10shall be disregarded in determining eligibility for cash
11assistance provided under this Article. The Illinois
12Department may also permit all or any portion of earned or
13other income to be set aside for the future identifiable needs
14of a child. The Illinois Department may provide by rule and
15regulation for the exemptions thus permitted or required. The
16eligibility of any applicant for or recipient of public aid
17under this Article is not affected by the payment of any grant
18under the "Senior Citizens and Persons with Disabilities
19Property Tax Relief Act" or any distributions or items of
20income described under subparagraph (X) of paragraph (2) of
21subsection (a) of Section 203 of the Illinois Income Tax Act.
22    The Illinois Department may, by rule, set forth criteria
23under which an assistance unit is ineligible for cash
24assistance under this Article for a specified number of months
25due to the receipt of a lump sum payment.
26(Source: P.A. 98-114, eff. 7-29-13; 99-143, eff. 7-27-15;

 

 

10200HB5052sam001- 56 -LRB102 24370 JDS 42508 a

199-899, eff. 1-1-17.)
 
2    Section 10-48. The Illinois Public Aid Code is amended by
3changing Section 5A-12.7 as follows:
 
4    (305 ILCS 5/5A-12.7)
5    (Section scheduled to be repealed on December 31, 2026)
6    Sec. 5A-12.7. Continuation of hospital access payments on
7and after July 1, 2020.
8    (a) To preserve and improve access to hospital services,
9for hospital services rendered on and after July 1, 2020, the
10Department shall, except for hospitals described in subsection
11(b) of Section 5A-3, make payments to hospitals or require
12capitated managed care organizations to make payments as set
13forth in this Section. Payments under this Section are not due
14and payable, however, until: (i) the methodologies described
15in this Section are approved by the federal government in an
16appropriate State Plan amendment or directed payment preprint;
17and (ii) the assessment imposed under this Article is
18determined to be a permissible tax under Title XIX of the
19Social Security Act. In determining the hospital access
20payments authorized under subsection (g) of this Section, if a
21hospital ceases to qualify for payments from the pool, the
22payments for all hospitals continuing to qualify for payments
23from such pool shall be uniformly adjusted to fully expend the
24aggregate net amount of the pool, with such adjustment being

 

 

10200HB5052sam001- 57 -LRB102 24370 JDS 42508 a

1effective on the first day of the second month following the
2date the hospital ceases to receive payments from such pool.
3    (b) Amounts moved into claims-based rates and distributed
4in accordance with Section 14-12 shall remain in those
5claims-based rates.
6    (c) Graduate medical education.
7        (1) The calculation of graduate medical education
8    payments shall be based on the hospital's Medicare cost
9    report ending in Calendar Year 2018, as reported in the
10    Healthcare Cost Report Information System file, release
11    date September 30, 2019. An Illinois hospital reporting
12    intern and resident cost on its Medicare cost report shall
13    be eligible for graduate medical education payments.
14        (2) Each hospital's annualized Medicaid Intern
15    Resident Cost is calculated using annualized intern and
16    resident total costs obtained from Worksheet B Part I,
17    Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93,
18    96-98, and 105-112 multiplied by the percentage that the
19    hospital's Medicaid days (Worksheet S3 Part I, Column 7,
20    Lines 2, 3, 4, 14, 16-18, and 32) comprise of the
21    hospital's total days (Worksheet S3 Part I, Column 8,
22    Lines 14, 16-18, and 32).
23        (3) An annualized Medicaid indirect medical education
24    (IME) payment is calculated for each hospital using its
25    IME payments (Worksheet E Part A, Line 29, Column 1)
26    multiplied by the percentage that its Medicaid days

 

 

10200HB5052sam001- 58 -LRB102 24370 JDS 42508 a

1    (Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18,
2    and 32) comprise of its Medicare days (Worksheet S3 Part
3    I, Column 6, Lines 2, 3, 4, 14, and 16-18).
4        (4) For each hospital, its annualized Medicaid Intern
5    Resident Cost and its annualized Medicaid IME payment are
6    summed, and, except as capped at 120% of the average cost
7    per intern and resident for all qualifying hospitals as
8    calculated under this paragraph, is multiplied by the
9    applicable reimbursement factor as described in this
10    paragraph, to determine the hospital's final graduate
11    medical education payment. Each hospital's average cost
12    per intern and resident shall be calculated by summing its
13    total annualized Medicaid Intern Resident Cost plus its
14    annualized Medicaid IME payment and dividing that amount
15    by the hospital's total Full Time Equivalent Residents and
16    Interns. If the hospital's average per intern and resident
17    cost is greater than 120% of the same calculation for all
18    qualifying hospitals, the hospital's per intern and
19    resident cost shall be capped at 120% of the average cost
20    for all qualifying hospitals.
21            (A) For the period of July 1, 2020 through
22        December 31, 2022, the applicable reimbursement factor
23        shall be 22.6%.
24            (B) For the period of January 1, 2023 through
25        December 31, 2026, the applicable reimbursement factor
26        shall be 35% for all qualified safety-net hospitals,

 

 

10200HB5052sam001- 59 -LRB102 24370 JDS 42508 a

1        as defined in Section 5-5e.1 of this Code, and all
2        hospitals with 100 or more Full Time Equivalent
3        Residents and Interns, as reported on the hospital's
4        Medicare cost report ending in Calendar Year 2018, and
5        for all other qualified hospitals the applicable
6        reimbursement factor shall be 30%.
7    (d) Fee-for-service supplemental payments. For the period
8of July 1, 2020 through December 31, 2022, each Illinois
9hospital shall receive an annual payment equal to the amounts
10below, to be paid in 12 equal installments on or before the
11seventh State business day of each month, except that no
12payment shall be due within 30 days after the later of the date
13of notification of federal approval of the payment
14methodologies required under this Section or any waiver
15required under 42 CFR 433.68, at which time the sum of amounts
16required under this Section prior to the date of notification
17is due and payable.
18        (1) For critical access hospitals, $385 per covered
19    inpatient day contained in paid fee-for-service claims and
20    $530 per paid fee-for-service outpatient claim for dates
21    of service in Calendar Year 2019 in the Department's
22    Enterprise Data Warehouse as of May 11, 2020.
23        (2) For safety-net hospitals, $960 per covered
24    inpatient day contained in paid fee-for-service claims and
25    $625 per paid fee-for-service outpatient claim for dates
26    of service in Calendar Year 2019 in the Department's

 

 

10200HB5052sam001- 60 -LRB102 24370 JDS 42508 a

1    Enterprise Data Warehouse as of May 11, 2020.
2        (3) For long term acute care hospitals, $295 per
3    covered inpatient day contained in paid fee-for-service
4    claims for dates of service in Calendar Year 2019 in the
5    Department's Enterprise Data Warehouse as of May 11, 2020.
6        (4) For freestanding psychiatric hospitals, $125 per
7    covered inpatient day contained in paid fee-for-service
8    claims and $130 per paid fee-for-service outpatient claim
9    for dates of service in Calendar Year 2019 in the
10    Department's Enterprise Data Warehouse as of May 11, 2020.
11        (5) For freestanding rehabilitation hospitals, $355
12    per covered inpatient day contained in paid
13    fee-for-service claims for dates of service in Calendar
14    Year 2019 in the Department's Enterprise Data Warehouse as
15    of May 11, 2020.
16        (6) For all general acute care hospitals and high
17    Medicaid hospitals as defined in subsection (f), $350 per
18    covered inpatient day for dates of service in Calendar
19    Year 2019 contained in paid fee-for-service claims and
20    $620 per paid fee-for-service outpatient claim in the
21    Department's Enterprise Data Warehouse as of May 11, 2020.
22        (7) Alzheimer's treatment access payment. Each
23    Illinois academic medical center or teaching hospital, as
24    defined in Section 5-5e.2 of this Code, that is identified
25    as the primary hospital affiliate of one of the Regional
26    Alzheimer's Disease Assistance Centers, as designated by

 

 

10200HB5052sam001- 61 -LRB102 24370 JDS 42508 a

1    the Alzheimer's Disease Assistance Act and identified in
2    the Department of Public Health's Alzheimer's Disease
3    State Plan dated December 2016, shall be paid an
4    Alzheimer's treatment access payment equal to the product
5    of the qualifying hospital's State Fiscal Year 2018 total
6    inpatient fee-for-service days multiplied by the
7    applicable Alzheimer's treatment rate of $226.30 for
8    hospitals located in Cook County and $116.21 for hospitals
9    located outside Cook County.
10    (d-2) Fee-for-service supplemental payments. Beginning
11January 1, 2023, each Illinois hospital shall receive an
12annual payment equal to the amounts listed below, to be paid in
1312 equal installments on or before the seventh State business
14day of each month, except that no payment shall be due within
1530 days after the later of the date of notification of federal
16approval of the payment methodologies required under this
17Section or any waiver required under 42 CFR 433.68, at which
18time the sum of amounts required under this Section prior to
19the date of notification is due and payable. The Department
20may adjust the rates in paragraphs (1) through (7) to comply
21with the federal upper payment limits, with such adjustments
22being determined so that the total estimated spending by
23hospital class, under such adjusted rates, remains
24substantially similar to the total estimated spending under
25the original rates set forth in this subsection.
26        (1) For critical access hospitals, as defined in

 

 

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1    subsection (f), $750 per covered inpatient day contained
2    in paid fee-for-service claims and $750 per paid
3    fee-for-service outpatient claim for dates of service in
4    Calendar Year 2019 in the Department's Enterprise Data
5    Warehouse as of August 6, 2021.
6        (2) For safety-net hospitals, as described in
7    subsection (f), $1,350 per inpatient day contained in paid
8    fee-for-service claims and $1,350 per paid fee-for-service
9    outpatient claim for dates of service in Calendar Year
10    2019 in the Department's Enterprise Data Warehouse as of
11    August 6, 2021.
12        (3) For long term acute care hospitals, $550 per
13    covered inpatient day contained in paid fee-for-service
14    claims for dates of service in Calendar Year 2019 in the
15    Department's Enterprise Data Warehouse as of August 6,
16    2021.
17        (4) For freestanding psychiatric hospitals, $200 per
18    covered inpatient day contained in paid fee-for-service
19    claims and $200 per paid fee-for-service outpatient claim
20    for dates of service in Calendar Year 2019 in the
21    Department's Enterprise Data Warehouse as of August 6,
22    2021.
23        (5) For freestanding rehabilitation hospitals, $550
24    per covered inpatient day contained in paid
25    fee-for-service claims and $125 per paid fee-for-service
26    outpatient claim for dates of service in Calendar Year

 

 

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1    2019 in the Department's Enterprise Data Warehouse as of
2    August 6, 2021.
3        (6) For all general acute care hospitals and high
4    Medicaid hospitals as defined in subsection (f), $500 per
5    covered inpatient day for dates of service in Calendar
6    Year 2019 contained in paid fee-for-service claims and
7    $500 per paid fee-for-service outpatient claim in the
8    Department's Enterprise Data Warehouse as of August 6,
9    2021.
10        (7) For public hospitals, as defined in subsection
11    (f), $275 per covered inpatient day contained in paid
12    fee-for-service claims and $275 per paid fee-for-service
13    outpatient claim for dates of service in Calendar Year
14    2019 in the Department's Enterprise Data Warehouse as of
15    August 6, 2021.
16        (8) Alzheimer's treatment access payment. Each
17    Illinois academic medical center or teaching hospital, as
18    defined in Section 5-5e.2 of this Code, that is identified
19    as the primary hospital affiliate of one of the Regional
20    Alzheimer's Disease Assistance Centers, as designated by
21    the Alzheimer's Disease Assistance Act and identified in
22    the Department of Public Health's Alzheimer's Disease
23    State Plan dated December 2016, shall be paid an
24    Alzheimer's treatment access payment equal to the product
25    of the qualifying hospital's Calendar Year 2019 total
26    inpatient fee-for-service days, in the Department's

 

 

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1    Enterprise Data Warehouse as of August 6, 2021, multiplied
2    by the applicable Alzheimer's treatment rate of $244.37
3    for hospitals located in Cook County and $312.03 for
4    hospitals located outside Cook County.
5    (e) The Department shall require managed care
6organizations (MCOs) to make directed payments and
7pass-through payments according to this Section. Each calendar
8year, the Department shall require MCOs to pay the maximum
9amount out of these funds as allowed as pass-through payments
10under federal regulations. The Department shall require MCOs
11to make such pass-through payments as specified in this
12Section. The Department shall require the MCOs to pay the
13remaining amounts as directed Payments as specified in this
14Section. The Department shall issue payments to the
15Comptroller by the seventh business day of each month for all
16MCOs that are sufficient for MCOs to make the directed
17payments and pass-through payments according to this Section.
18The Department shall require the MCOs to make pass-through
19payments and directed payments using electronic funds
20transfers (EFT), if the hospital provides the information
21necessary to process such EFTs, in accordance with directions
22provided monthly by the Department, within 7 business days of
23the date the funds are paid to the MCOs, as indicated by the
24"Paid Date" on the website of the Office of the Comptroller if
25the funds are paid by EFT and the MCOs have received directed
26payment instructions. If funds are not paid through the

 

 

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1Comptroller by EFT, payment must be made within 7 business
2days of the date actually received by the MCO. The MCO will be
3considered to have paid the pass-through payments when the
4payment remittance number is generated or the date the MCO
5sends the check to the hospital, if EFT information is not
6supplied. If an MCO is late in paying a pass-through payment or
7directed payment as required under this Section (including any
8extensions granted by the Department), it shall pay a penalty,
9unless waived by the Department for reasonable cause, to the
10Department equal to 5% of the amount of the pass-through
11payment or directed payment not paid on or before the due date
12plus 5% of the portion thereof remaining unpaid on the last day
13of each 30-day period thereafter. Payments to MCOs that would
14be paid consistent with actuarial certification and enrollment
15in the absence of the increased capitation payments under this
16Section shall not be reduced as a consequence of payments made
17under this subsection. The Department shall publish and
18maintain on its website for a period of no less than 8 calendar
19quarters, the quarterly calculation of directed payments and
20pass-through payments owed to each hospital from each MCO. All
21calculations and reports shall be posted no later than the
22first day of the quarter for which the payments are to be
23issued.
24    (f)(1) For purposes of allocating the funds included in
25capitation payments to MCOs, Illinois hospitals shall be
26divided into the following classes as defined in

 

 

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1administrative rules:
2        (A) Beginning July 1, 2020 through December 31, 2022,
3    critical access hospitals. Beginning January 1, 2023,
4    "critical access hospital" means a hospital designated by
5    the Department of Public Health as a critical access
6    hospital, excluding any hospital meeting the definition of
7    a public hospital in subparagraph (F).
8        (B) Safety-net hospitals, except that stand-alone
9    children's hospitals that are not specialty children's
10    hospitals will not be included. For the calendar year
11    beginning January 1, 2023, and each calendar year
12    thereafter, assignment to the safety-net class shall be
13    based on the annual safety-net rate year beginning 15
14    months before the beginning of the first Payout Quarter of
15    the calendar year.
16        (C) Long term acute care hospitals.
17        (D) Freestanding psychiatric hospitals.
18        (E) Freestanding rehabilitation hospitals.
19        (F) Beginning January 1, 2023, "public hospital" means
20    a hospital that is owned or operated by an Illinois
21    Government body or municipality, excluding a hospital
22    provider that is a State agency, a State university, or a
23    county with a population of 3,000,000 or more.
24        (G) High Medicaid hospitals.
25            (i) As used in this Section, "high Medicaid
26        hospital" means a general acute care hospital that:

 

 

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1                (I) For the payout periods July 1, 2020
2            through December 31, 2022, is not a safety-net
3            hospital or critical access hospital and that has
4            a Medicaid Inpatient Utilization Rate above 30% or
5            a hospital that had over 35,000 inpatient Medicaid
6            days during the applicable period. For the period
7            July 1, 2020 through December 31, 2020, the
8            applicable period for the Medicaid Inpatient
9            Utilization Rate (MIUR) is the rate year 2020 MIUR
10            and for the number of inpatient days it is State
11            fiscal year 2018. Beginning in calendar year 2021,
12            the Department shall use the most recently
13            determined MIUR, as defined in subsection (h) of
14            Section 5-5.02, and for the inpatient day
15            threshold, the State fiscal year ending 18 months
16            prior to the beginning of the calendar year. For
17            purposes of calculating MIUR under this Section,
18            children's hospitals and affiliated general acute
19            care hospitals shall be considered a single
20            hospital.
21                (II) For the calendar year beginning January
22            1, 2023, and each calendar year thereafter, is not
23            a public hospital, safety-net hospital, or
24            critical access hospital and that qualifies as a
25            regional high volume hospital or is a hospital
26            that has a Medicaid Inpatient Utilization Rate

 

 

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1            (MIUR) above 30%. As used in this item, "regional
2            high volume hospital" means a hospital which ranks
3            in the top 2 quartiles based on total hospital
4            services volume, of all eligible general acute
5            care hospitals, when ranked in descending order
6            based on total hospital services volume, within
7            the same Medicaid managed care region, as
8            designated by the Department, as of January 1,
9            2022. As used in this item, "total hospital
10            services volume" means the total of all Medical
11            Assistance hospital inpatient admissions plus all
12            Medical Assistance hospital outpatient visits. For
13            purposes of determining regional high volume
14            hospital inpatient admissions and outpatient
15            visits, the Department shall use dates of service
16            provided during State Fiscal Year 2020 for the
17            Payout Quarter beginning January 1, 2023. The
18            Department shall use dates of service from the
19            State fiscal year ending 18 month before the
20            beginning of the first Payout Quarter of the
21            subsequent annual determination period.
22            (ii) For the calendar year beginning January 1,
23        2023, the Department shall use the Rate Year 2022
24        Medicaid inpatient utilization rate (MIUR), as defined
25        in subsection (h) of Section 5-5.02. For each
26        subsequent annual determination, the Department shall

 

 

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1        use the MIUR applicable to the rate year ending
2        September 30 of the year preceding the beginning of
3        the calendar year.
4        (H) General acute care hospitals. As used under this
5    Section, "general acute care hospitals" means all other
6    Illinois hospitals not identified in subparagraphs (A)
7    through (G).
8    (2) Hospitals' qualification for each class shall be
9assessed prior to the beginning of each calendar year and the
10new class designation shall be effective January 1 of the next
11year. The Department shall publish by rule the process for
12establishing class determination.
13    (g) Fixed pool directed payments. Beginning July 1, 2020,
14the Department shall issue payments to MCOs which shall be
15used to issue directed payments to qualified Illinois
16safety-net hospitals and critical access hospitals on a
17monthly basis in accordance with this subsection. Prior to the
18beginning of each Payout Quarter beginning July 1, 2020, the
19Department shall use encounter claims data from the
20Determination Quarter, accepted by the Department's Medicaid
21Management Information System for inpatient and outpatient
22services rendered by safety-net hospitals and critical access
23hospitals to determine a quarterly uniform per unit add-on for
24each hospital class.
25        (1) Inpatient per unit add-on. A quarterly uniform per
26    diem add-on shall be derived by dividing the quarterly

 

 

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1    Inpatient Directed Payments Pool amount allocated to the
2    applicable hospital class by the total inpatient days
3    contained on all encounter claims received during the
4    Determination Quarter, for all hospitals in the class.
5            (A) Each hospital in the class shall have a
6        quarterly inpatient directed payment calculated that
7        is equal to the product of the number of inpatient days
8        attributable to the hospital used in the calculation
9        of the quarterly uniform class per diem add-on,
10        multiplied by the calculated applicable quarterly
11        uniform class per diem add-on of the hospital class.
12            (B) Each hospital shall be paid 1/3 of its
13        quarterly inpatient directed payment in each of the 3
14        months of the Payout Quarter, in accordance with
15        directions provided to each MCO by the Department.
16        (2) Outpatient per unit add-on. A quarterly uniform
17    per claim add-on shall be derived by dividing the
18    quarterly Outpatient Directed Payments Pool amount
19    allocated to the applicable hospital class by the total
20    outpatient encounter claims received during the
21    Determination Quarter, for all hospitals in the class.
22            (A) Each hospital in the class shall have a
23        quarterly outpatient directed payment calculated that
24        is equal to the product of the number of outpatient
25        encounter claims attributable to the hospital used in
26        the calculation of the quarterly uniform class per

 

 

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1        claim add-on, multiplied by the calculated applicable
2        quarterly uniform class per claim add-on of the
3        hospital class.
4            (B) Each hospital shall be paid 1/3 of its
5        quarterly outpatient directed payment in each of the 3
6        months of the Payout Quarter, in accordance with
7        directions provided to each MCO by the Department.
8        (3) Each MCO shall pay each hospital the Monthly
9    Directed Payment as identified by the Department on its
10    quarterly determination report.
11        (4) Definitions. As used in this subsection:
12            (A) "Payout Quarter" means each 3 month calendar
13        quarter, beginning July 1, 2020.
14            (B) "Determination Quarter" means each 3 month
15        calendar quarter, which ends 3 months prior to the
16        first day of each Payout Quarter.
17        (5) For the period July 1, 2020 through December 2020,
18    the following amounts shall be allocated to the following
19    hospital class directed payment pools for the quarterly
20    development of a uniform per unit add-on:
21            (A) $2,894,500 for hospital inpatient services for
22        critical access hospitals.
23            (B) $4,294,374 for hospital outpatient services
24        for critical access hospitals.
25            (C) $29,109,330 for hospital inpatient services
26        for safety-net hospitals.

 

 

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1            (D) $35,041,218 for hospital outpatient services
2        for safety-net hospitals.
3        (6) For the period January 1, 2023 through December
4    31, 2023, the Department shall establish the amounts that
5    shall be allocated to the hospital class directed payment
6    fixed pools identified in this paragraph for the quarterly
7    development of a uniform per unit add-on. The Department
8    shall establish such amounts so that the total amount of
9    payments to each hospital under this Section in calendar
10    year 2023 is projected to be substantially similar to the
11    total amount of such payments received by the hospital
12    under this Section in calendar year 2021, adjusted for
13    increased funding provided for fixed pool directed
14    payments under subsection (g) in calendar year 2022,
15    assuming that the volume and acuity of claims are held
16    constant. The Department shall publish the directed
17    payment fixed pool amounts to be established under this
18    paragraph on its website by November 15, 2022.
19            (A) Hospital inpatient services for critical
20        access hospitals.
21            (B) Hospital outpatient services for critical
22        access hospitals.
23            (C) Hospital inpatient services for public
24        hospitals.
25            (D) Hospital outpatient services for public
26        hospitals.

 

 

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1            (E) Hospital inpatient services for safety-net
2        hospitals.
3            (F) Hospital outpatient services for safety-net
4        hospitals.
5        (7) Semi-annual rate maintenance review. The
6    Department shall ensure that hospitals assigned to the
7    fixed pools in paragraph (6) are paid no less than 95% of
8    the annual initial rate for each 6-month period of each
9    annual payout period. For each calendar year, the
10    Department shall calculate the annual initial rate per day
11    and per visit for each fixed pool hospital class listed in
12    paragraph (6), by dividing the total of all applicable
13    inpatient or outpatient directed payments issued in the
14    preceding calendar year to the hospitals in each fixed
15    pool class for the calendar year, plus any increase
16    resulting from the annual adjustments described in
17    subsection (i), by the actual applicable total service
18    units for the preceding calendar year which were the basis
19    of the total applicable inpatient or outpatient directed
20    payments issued to the hospitals in each fixed pool class
21    in the calendar year, except that for calendar year 2023,
22    the service units from calendar year 2021 shall be used.
23            (A) The Department shall calculate the effective
24        rate, per day and per visit, for the payout periods of
25        January to June and July to December of each year, for
26        each fixed pool listed in paragraph (6), by dividing

 

 

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1        50% of the annual pool by the total applicable
2        reported service units for the 2 applicable
3        determination quarters.
4            (B) If the effective rate calculated in
5        subparagraph (A) is less than 95% of the annual
6        initial rate assigned to the class for each pool under
7        paragraph (6), the Department shall adjust the payment
8        for each hospital to a level equal to no less than 95%
9        of the annual initial rate, by issuing a retroactive
10        adjustment payment for the 6-month period under review
11        as identified in subparagraph (A).
12    (h) Fixed rate directed payments. Effective July 1, 2020,
13the Department shall issue payments to MCOs which shall be
14used to issue directed payments to Illinois hospitals not
15identified in paragraph (g) on a monthly basis. Prior to the
16beginning of each Payout Quarter beginning July 1, 2020, the
17Department shall use encounter claims data from the
18Determination Quarter, accepted by the Department's Medicaid
19Management Information System for inpatient and outpatient
20services rendered by hospitals in each hospital class
21identified in paragraph (f) and not identified in paragraph
22(g). For the period July 1, 2020 through December 2020, the
23Department shall direct MCOs to make payments as follows:
24        (1) For general acute care hospitals an amount equal
25    to $1,750 multiplied by the hospital's category of service
26    20 case mix index for the determination quarter multiplied

 

 

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1    by the hospital's total number of inpatient admissions for
2    category of service 20 for the determination quarter.
3        (2) For general acute care hospitals an amount equal
4    to $160 multiplied by the hospital's category of service
5    21 case mix index for the determination quarter multiplied
6    by the hospital's total number of inpatient admissions for
7    category of service 21 for the determination quarter.
8        (3) For general acute care hospitals an amount equal
9    to $80 multiplied by the hospital's category of service 22
10    case mix index for the determination quarter multiplied by
11    the hospital's total number of inpatient admissions for
12    category of service 22 for the determination quarter.
13        (4) For general acute care hospitals an amount equal
14    to $375 multiplied by the hospital's category of service
15    24 case mix index for the determination quarter multiplied
16    by the hospital's total number of category of service 24
17    paid EAPG (EAPGs) for the determination quarter.
18        (5) For general acute care hospitals an amount equal
19    to $240 multiplied by the hospital's category of service
20    27 and 28 case mix index for the determination quarter
21    multiplied by the hospital's total number of category of
22    service 27 and 28 paid EAPGs for the determination
23    quarter.
24        (6) For general acute care hospitals an amount equal
25    to $290 multiplied by the hospital's category of service
26    29 case mix index for the determination quarter multiplied

 

 

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1    by the hospital's total number of category of service 29
2    paid EAPGs for the determination quarter.
3        (7) For high Medicaid hospitals an amount equal to
4    $1,800 multiplied by the hospital's category of service 20
5    case mix index for the determination quarter multiplied by
6    the hospital's total number of inpatient admissions for
7    category of service 20 for the determination quarter.
8        (8) For high Medicaid hospitals an amount equal to
9    $160 multiplied by the hospital's category of service 21
10    case mix index for the determination quarter multiplied by
11    the hospital's total number of inpatient admissions for
12    category of service 21 for the determination quarter.
13        (9) For high Medicaid hospitals an amount equal to $80
14    multiplied by the hospital's category of service 22 case
15    mix index for the determination quarter multiplied by the
16    hospital's total number of inpatient admissions for
17    category of service 22 for the determination quarter.
18        (10) For high Medicaid hospitals an amount equal to
19    $400 multiplied by the hospital's category of service 24
20    case mix index for the determination quarter multiplied by
21    the hospital's total number of category of service 24 paid
22    EAPG outpatient claims for the determination quarter.
23        (11) For high Medicaid hospitals an amount equal to
24    $240 multiplied by the hospital's category of service 27
25    and 28 case mix index for the determination quarter
26    multiplied by the hospital's total number of category of

 

 

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1    service 27 and 28 paid EAPGs for the determination
2    quarter.
3        (12) For high Medicaid hospitals an amount equal to
4    $290 multiplied by the hospital's category of service 29
5    case mix index for the determination quarter multiplied by
6    the hospital's total number of category of service 29 paid
7    EAPGs for the determination quarter.
8        (13) For long term acute care hospitals the amount of
9    $495 multiplied by the hospital's total number of
10    inpatient days for the determination quarter.
11        (14) For psychiatric hospitals the amount of $210
12    multiplied by the hospital's total number of inpatient
13    days for category of service 21 for the determination
14    quarter.
15        (15) For psychiatric hospitals the amount of $250
16    multiplied by the hospital's total number of outpatient
17    claims for category of service 27 and 28 for the
18    determination quarter.
19        (16) For rehabilitation hospitals the amount of $410
20    multiplied by the hospital's total number of inpatient
21    days for category of service 22 for the determination
22    quarter.
23        (17) For rehabilitation hospitals the amount of $100
24    multiplied by the hospital's total number of outpatient
25    claims for category of service 29 for the determination
26    quarter.

 

 

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1        (18) Effective for the Payout Quarter beginning
2    January 1, 2023, for the directed payments to hospitals
3    required under this subsection, the Department shall
4    establish the amounts that shall be used to calculate such
5    directed payments using the methodologies specified in
6    this paragraph. The Department shall use a single, uniform
7    rate, adjusted for acuity as specified in paragraphs (1)
8    through (12), for all categories of inpatient services
9    provided by each class of hospitals and a single uniform
10    rate, adjusted for acuity as specified in paragraphs (1)
11    through (12), for all categories of outpatient services
12    provided by each class of hospitals. The Department shall
13    establish such amounts so that the total amount of
14    payments to each hospital under this Section in calendar
15    year 2023 is projected to be substantially similar to the
16    total amount of such payments received by the hospital
17    under this Section in calendar year 2021, adjusted for
18    increased funding provided for fixed pool directed
19    payments under subsection (g) in calendar year 2022,
20    assuming that the volume and acuity of claims are held
21    constant. The Department shall publish the directed
22    payment amounts to be established under this subsection on
23    its website by November 15, 2022.
24        (19) Each hospital shall be paid 1/3 of their
25    quarterly inpatient and outpatient directed payment in
26    each of the 3 months of the Payout Quarter, in accordance

 

 

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1    with directions provided to each MCO by the Department.
2        20 Each MCO shall pay each hospital the Monthly
3    Directed Payment amount as identified by the Department on
4    its quarterly determination report.
5    Notwithstanding any other provision of this subsection, if
6the Department determines that the actual total hospital
7utilization data that is used to calculate the fixed rate
8directed payments is substantially different than anticipated
9when the rates in this subsection were initially determined
10for unforeseeable circumstances (such as the COVID-19 pandemic
11or some other public health emergency), the Department may
12adjust the rates specified in this subsection so that the
13total directed payments approximate the total spending amount
14anticipated when the rates were initially established.
15    Definitions. As used in this subsection:
16            (A) "Payout Quarter" means each calendar quarter,
17        beginning July 1, 2020.
18            (B) "Determination Quarter" means each calendar
19        quarter which ends 3 months prior to the first day of
20        each Payout Quarter.
21            (C) "Case mix index" means a hospital specific
22        calculation. For inpatient claims the case mix index
23        is calculated each quarter by summing the relative
24        weight of all inpatient Diagnosis-Related Group (DRG)
25        claims for a category of service in the applicable
26        Determination Quarter and dividing the sum by the

 

 

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1        number of sum total of all inpatient DRG admissions
2        for the category of service for the associated claims.
3        The case mix index for outpatient claims is calculated
4        each quarter by summing the relative weight of all
5        paid EAPGs in the applicable Determination Quarter and
6        dividing the sum by the sum total of paid EAPGs for the
7        associated claims.
8    (i) Beginning January 1, 2021, the rates for directed
9payments shall be recalculated in order to spend the
10additional funds for directed payments that result from
11reduction in the amount of pass-through payments allowed under
12federal regulations. The additional funds for directed
13payments shall be allocated proportionally to each class of
14hospitals based on that class' proportion of services.
15        (1) Beginning January 1, 2024, the fixed pool directed
16    payment amounts and the associated annual initial rates
17    referenced in paragraph (6) of subsection (f) for each
18    hospital class shall be uniformly increased by a ratio of
19    not less than, the ratio of the total pass-through
20    reduction amount pursuant to paragraph (4) of subsection
21    (j), for the hospitals comprising the hospital fixed pool
22    directed payment class for the next calendar year, to the
23    total inpatient and outpatient directed payments for the
24    hospitals comprising the hospital fixed pool directed
25    payment class paid during the preceding calendar year.
26        (2) Beginning January 1, 2024, the fixed rates for the

 

 

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1    directed payments referenced in paragraph (18) of
2    subsection (h) for each hospital class shall be uniformly
3    increased by a ratio of not less than, the ratio of the
4    total pass-through reduction amount pursuant to paragraph
5    (4) of subsection (j), for the hospitals comprising the
6    hospital directed payment class for the next calendar
7    year, to the total inpatient and outpatient directed
8    payments for the hospitals comprising the hospital fixed
9    rate directed payment class paid during the preceding
10    calendar year.
11    (j) Pass-through payments.
12        (1) For the period July 1, 2020 through December 31,
13    2020, the Department shall assign quarterly pass-through
14    payments to each class of hospitals equal to one-fourth of
15    the following annual allocations:
16            (A) $390,487,095 to safety-net hospitals.
17            (B) $62,553,886 to critical access hospitals.
18            (C) $345,021,438 to high Medicaid hospitals.
19            (D) $551,429,071 to general acute care hospitals.
20            (E) $27,283,870 to long term acute care hospitals.
21            (F) $40,825,444 to freestanding psychiatric
22        hospitals.
23            (G) $9,652,108 to freestanding rehabilitation
24        hospitals.
25        (2) For the period of July 1, 2020 through December
26    31, 2020, the pass-through payments shall at a minimum

 

 

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1    ensure hospitals receive a total amount of monthly
2    payments under this Section as received in calendar year
3    2019 in accordance with this Article and paragraph (1) of
4    subsection (d-5) of Section 14-12, exclusive of amounts
5    received through payments referenced in subsection (b).
6        (3) For the calendar year beginning January 1, 2023,
7    the Department shall establish the annual pass-through
8    allocation to each class of hospitals and the pass-through
9    payments to each hospital so that the total amount of
10    payments to each hospital under this Section in calendar
11    year 2023 is projected to be substantially similar to the
12    total amount of such payments received by the hospital
13    under this Section in calendar year 2021, adjusted for
14    increased funding provided for fixed pool directed
15    payments under subsection (g) in calendar year 2022,
16    assuming that the volume and acuity of claims are held
17    constant. The Department shall publish the pass-through
18    allocation to each class and the pass-through payments to
19    each hospital to be established under this subsection on
20    its website by November 15, 2022.
21        (4) For the calendar years beginning January 1, 2021,
22    January 1, 2022, and January 1, 2024, and each calendar
23    year thereafter, each hospital's pass-through payment
24    amount shall be reduced proportionally to the reduction of
25    all pass-through payments required by federal regulations.
26    (k) At least 30 days prior to each calendar year, the

 

 

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1Department shall notify each hospital of changes to the
2payment methodologies in this Section, including, but not
3limited to, changes in the fixed rate directed payment rates,
4the aggregate pass-through payment amount for all hospitals,
5and the hospital's pass-through payment amount for the
6upcoming calendar year.
7    (l) Notwithstanding any other provisions of this Section,
8the Department may adopt rules to change the methodology for
9directed and pass-through payments as set forth in this
10Section, but only to the extent necessary to obtain federal
11approval of a necessary State Plan amendment or Directed
12Payment Preprint or to otherwise conform to federal law or
13federal regulation.
14    (m) As used in this subsection, "managed care
15organization" or "MCO" means an entity which contracts with
16the Department to provide services where payment for medical
17services is made on a capitated basis, excluding contracted
18entities for dual eligible or Department of Children and
19Family Services youth populations.
20    (n) In order to address the escalating infant mortality
21rates among minority communities in Illinois, the State shall,
22subject to appropriation, create a pool of funding of at least
23$50,000,000 annually to be disbursed among safety-net
24hospitals that maintain perinatal designation from the
25Department of Public Health. The funding shall be used to
26preserve or enhance OB/GYN services or other specialty

 

 

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1services at the receiving hospital, with the distribution of
2funding to be established by rule and with consideration to
3perinatal hospitals with safe birthing levels and quality
4metrics for healthy mothers and babies.
5    (o) In order to address the growing challenges of
6providing stable access to healthcare in rural Illinois,
7including perinatal services, behavioral healthcare including
8substance use disorder services (SUDs) and other specialty
9services, and to expand access to telehealth services among
10rural communities in Illinois, the Department of Healthcare
11and Family Services, subject to appropriation, shall
12administer a program to provide at least $10,000,000 in
13financial support annually to critical access hospitals for
14delivery of perinatal and OB/GYN services, behavioral
15healthcare including SUDS, other specialty services and
16telehealth services. The funding shall be used to preserve or
17enhance perinatal and OB/GYN services, behavioral healthcare
18including SUDS, other specialty services, as well as the
19explanation of telehealth services by the receiving hospital,
20with the distribution of funding to be established by rule.
21    (p) For calendar year 2023, the final amounts, rates, and
22payments under subsections (c), (d-2), (g), (h), and (j) shall
23be established by the Department, so that the sum of the total
24estimated annual payments under subsections (c), (d-2), (g),
25(h), and (j) for each hospital class for calendar year 2023, is
26no less than:

 

 

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1        (1) $858,260,000 to safety-net hospitals.
2        (2) $86,200,000 to critical access hospitals.
3        (3) $1,765,000,000 to high Medicaid hospitals.
4        (4) $673,860,000 to general acute care hospitals.
5        (5) $48,330,000 to long term acute care hospitals.
6        (6) $89,110,000 to freestanding psychiatric hospitals.
7        (7) $24,300,000 to freestanding rehabilitation
8    hospitals.
9        (8) $32,570,000 to public hospitals.
10    (q) Prior to April 1, 2023, the Department shall disburse
11a pool of $460,000,000 in emergency stabilization payments to
12hospitals. The allocation of the pool shall be based on the
13hospital directed payment classes and directed payments
14issued, during calendar year 2022, with added consideration to
15safety-net hospitals and critical access hospitals, both as
16defined in paragraph (1) of subsection (f).
17(Source: P.A. 101-650, eff. 7-7-20; 102-4, eff. 4-27-21;
18102-16, eff. 6-17-21; 102-886, eff. 5-17-22.)
 
19    Section 10-50. The Illinois Human Rights Act is amended by
20changing Section 7-101 as follows:
 
21    (775 ILCS 5/7-101)  (from Ch. 68, par. 7-101)
22    Sec. 7-101. Powers and Duties. In addition to other powers
23and duties prescribed in this Act, the Department shall have
24the following powers:

 

 

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1    (A) Rules and Regulations. To adopt, promulgate, amend,
2and rescind rules and regulations not inconsistent with the
3provisions of this Act pursuant to the Illinois Administrative
4Procedure Act.
5    (B) Charges. To issue, receive, investigate, conciliate,
6settle, and dismiss charges filed in conformity with this Act.
7    (C) Compulsory Process. To request subpoenas as it deems
8necessary for its investigations.
9    (D) Complaints. To file complaints with the Commission in
10conformity with this Act.
11    (E) Judicial Enforcement. To seek temporary relief and to
12enforce orders of the Commission in conformity with this Act.
13    (F) Equal Employment Opportunities. To take such action as
14may be authorized to provide for equal employment
15opportunities and affirmative action.
16    (G) Recruitment; Research; Public Communication; Advisory
17Councils. To engage in such recruitment, research and public
18communication and create such advisory councils as may be
19authorized to effectuate the purposes of this Act.
20    (H) Coordination with other Agencies. To coordinate its
21activities with federal, state, and local agencies in
22conformity with this Act.
23    (I) Public Grants; Private Gifts.
24        (1) To accept public grants and private gifts as may
25    be authorized.
26        (2) To design grant programs and award grants to

 

 

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1    eligible recipients.
2    (J) Education and Training. To implement a formal and
3unbiased program of education and training for all employees
4assigned to investigate and conciliate charges under Articles
57A and 7B. The training program shall include the following:
6        (1) substantive and procedural aspects of the
7    investigation and conciliation positions;
8        (2) current issues in human rights law and practice;
9        (3) lectures by specialists in substantive areas
10    related to human rights matters;
11        (4) orientation to each operational unit of the
12    Department and Commission;
13        (5) observation of experienced Department
14    investigators and attorneys conducting conciliation
15    conferences, combined with the opportunity to discuss
16    evidence presented and rulings made;
17        (6) the use of hypothetical cases requiring the
18    Department investigator and conciliation conference
19    attorney to issue judgments as a means to evaluating
20    knowledge and writing ability;
21        (7) writing skills;
22        (8) computer skills, including but not limited to word
23    processing and document management.
24    A formal, unbiased and ongoing professional development
25program including, but not limited to, the above-noted areas
26shall be implemented to keep Department investigators and

 

 

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1attorneys informed of recent developments and issues and to
2assist them in maintaining and enhancing their professional
3competence.
4(Source: P.A. 99-74, eff. 7-20-15.)
 
5
Article 95

 
6    Section 95-5. If and only if House Bill 4285 of the 102nd
7General Assembly becomes law as amended by Senate Amendment
8No. 2, the Illinois Procurement Code is amended by changing
9Section 20-20 as follows:
 
10    (30 ILCS 500/20-20)
11    (Text of Section before amendment by P.A. 102-721)
12    Sec. 20-20. Small purchases.
13    (a) Amount. Any individual procurement of supplies or
14services not exceeding $100,000 and any procurement of
15construction not exceeding $100,000, or any individual
16procurement of professional or artistic services not exceeding
17$100,000 may be made without competitive source selection.
18Procurements shall not be artificially divided so as to
19constitute a small purchase under this Section. Any
20procurement of construction not exceeding $100,000 may be made
21by an alternative competitive source selection. The
22construction agency shall establish rules for an alternative
23competitive source selection process. This Section does not

 

 

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1apply to construction-related professional services contracts
2awarded in accordance with the provisions of the
3Architectural, Engineering, and Land Surveying Qualifications
4Based Selection Act.
5    (b) Adjustment. Each July 1, the small purchase maximum
6established in subsection (a) shall be adjusted for inflation
7as determined by the Consumer Price Index for All Urban
8Consumers as determined by the United States Department of
9Labor and rounded to the nearest $100.
10    (c) Based upon rules proposed by the Board and rules
11promulgated by the chief procurement officers, the small
12purchase maximum established in subsection (a) may be
13modified.
14(Source: P.A. 100-43, eff. 8-9-17.)
 
15    (Text of Section after amendment by P.A. 102-721)
16    Sec. 20-20. Small purchases.
17    (a) Amount. Any individual procurement of supplies or
18services not exceeding $100,000 and any procurement of
19construction not exceeding $100,000 $250,000, or any
20individual procurement of professional or artistic services
21not exceeding $100,000 may be made without competitive source
22selection. Procurements shall not be artificially divided so
23as to constitute a small purchase under this Section. Any
24procurement of construction not exceeding $100,000 $250,000
25may be made by an alternative competitive source selection.

 

 

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1The construction agency shall establish rules for an
2alternative competitive source selection process. This Section
3does not apply to construction-related professional services
4contracts awarded in accordance with the provisions of the
5Architectural, Engineering, and Land Surveying Qualifications
6Based Selection Act.
7    (b) Adjustment. Each July 1, the small purchase maximum
8established in subsection (a) shall be adjusted for inflation
9as determined by the Consumer Price Index for All Urban
10Consumers as determined by the United States Department of
11Labor and rounded to the nearest $100.
12    (c) Based upon rules proposed by the Board and rules
13promulgated by the chief procurement officers, the small
14purchase maximum established in subsection (a) may be
15modified.
16    (d) Certification. All small purchases with an annual
17value that exceeds $50,000 shall be accompanied by Standard
18Illinois Certifications in a form prescribed by each Chief
19Procurement Officer.
20(Source: P.A. 102-721, eff. 1-1-23; 10200HB4285sam002.)
 
21
Article 99

 
22    Section 99-999. Effective date. This Act takes effect upon
23becoming law, except that Section 10-47 takes effect on July
241, 2024 and Section 95-5 takes effect upon becoming law or on

 

 

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1the date House Bill 4285 of the 102nd General Assembly takes
2effect, whichever is later.".