Bill Amendment: IL SB3531 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: LOTTERY-CAPITAL PROJECTS FUND

Status: 2019-01-18 - Public Act . . . . . . . . . 100-1179 [SB3531 Detail]

Download: Illinois-2017-SB3531-House_Amendment_003.html

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Rep. Christian L. Mitchell

Filed: 1/7/2019

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AMENDMENT TO SENATE BILL 3531
AMENDMENT NO. ______. Amend Senate Bill 3531 by replacing
everything after the enacting clause with the following:
"Section 5. The Civil Administrative Code of Illinois is
amended by changing Sections 5-15, 5-20, 5-300, 5-310, 5-315,
5-320, 5-325, 5-330, 5-335, 5-340, 5-345, 5-350, 5-355, 5-360,
5-362, 5-365, 5-375, 5-395, 5-400, 5-405, 5-410, 5-415, and
5-420 as follows:
(20 ILCS 5/5-15) (was 20 ILCS 5/3)
Sec. 5-15. Departments of State government. The
Departments of State government are created as follows:
The Department on Aging.
The Department of Agriculture.
The Department of Central Management Services.
The Department of Children and Family Services.
The Department of Commerce and Economic Opportunity.

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The Department of Corrections.
The Department of Employment Security.
The Illinois Emergency Management Agency.
The Department of Financial and Professional Regulation.
The Department of Healthcare and Family Services.
The Department of Human Rights.
The Department of Human Services.
The Department of Innovation and Technology.
The Department of Insurance.
The Department of Juvenile Justice.
The Department of Labor.
The Department of the Lottery.
The Department of Natural Resources.
The Department of Public Health.
The Department of Revenue.
The Department of State Police.
The Department of Transportation.
The Department of Veterans' Affairs.
(Source: P.A. 100-611, eff. 7-20-18.)
(20 ILCS 5/5-20) (was 20 ILCS 5/4)
Sec. 5-20. Heads of departments. Each department shall have
an officer as its head who shall be known as director or
secretary and who shall, subject to the provisions of the Civil
Administrative Code of Illinois, execute the powers and
discharge the duties vested by law in his or her respective

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department.
The following officers are hereby created:
Director of Aging, for the Department on Aging.
Director of Agriculture, for the Department of
Agriculture.
Director of Central Management Services, for the
Department of Central Management Services.
Director of Children and Family Services, for the
Department of Children and Family Services.
Director of Commerce and Economic Opportunity, for the
Department of Commerce and Economic Opportunity.
Director of Corrections, for the Department of
Corrections.
Director of the Illinois Emergency Management Agency, for
the Illinois Emergency Management Agency.
Director of Employment Security, for the Department of
Employment Security.
Secretary of Financial and Professional Regulation, for
the Department of Financial and Professional Regulation.
Director of Healthcare and Family Services, for the
Department of Healthcare and Family Services.
Director of Human Rights, for the Department of Human
Rights.
Secretary of Human Services, for the Department of Human
Services.
Secretary of Innovation and Technology, for the Department

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of Innovation and Technology.
Director of Insurance, for the Department of Insurance.
Director of Juvenile Justice, for the Department of
Juvenile Justice.
Director of Labor, for the Department of Labor.
Director of the Lottery, for the Department of the Lottery.
Director of Natural Resources, for the Department of
Natural Resources.
Director of Public Health, for the Department of Public
Health.
Director of Revenue, for the Department of Revenue.
Director of State Police, for the Department of State
Police.
Secretary of Transportation, for the Department of
Transportation.
Director of Veterans' Affairs, for the Department of
Veterans' Affairs.
(Source: P.A. 100-611, eff. 7-20-18.)
(20 ILCS 5/5-300) (was 20 ILCS 5/9)
Sec. 5-300. Officers' qualifications and salaries. The
executive and administrative officers, whose offices are
created by this Act, must have the qualifications prescribed by
law and shall receive annual salaries, payable in equal monthly
installments, as designated in the Sections following this
Section and preceding Section 5-500. If set by the Governor,

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those annual salaries may not exceed 85% of the Governor's
annual salary. Notwithstanding any other provision of law, for
terms beginning after the effective date of this amendatory Act
of the 100th General Assembly, the annual salary of the
director or secretary and assistant director or assistant
secretary of each department created under Section 5-15 shall
be an amount equal to 15% more than the annual salary of the
respective officer in effect as of December 31, 2018. The
calculation of the 2018 salary base for this adjustment shall
not include any cost of living adjustments, as authorized by
Senate Joint Resolution 192 of the 86th General Assembly, for
the period beginning July 1, 2009 to June 30, 2019. Beginning
July 1, 2019 and each July 1 thereafter, the directors,
secretaries, assistant directors, and assistant secretaries
shall receive an increase in salary based on a cost of living
adjustment as authorized by Senate Joint Resolution 192 of the
86th General Assembly.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16,
eff. 6-28-01.)
(20 ILCS 5/5-310) (was 20 ILCS 5/9.21)
Sec. 5-310. In the Department on Aging. For terms ending
before December 31, 2019, the The Director of Aging shall
receive an annual salary as set by the Compensation Review
Board.
(Source: P.A. 96-800, eff. 10-30-09.)

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(20 ILCS 5/5-315) (was 20 ILCS 5/9.02)
Sec. 5-315. In the Department of Agriculture. For terms
ending before December 31, 2019, the The Director of
Agriculture shall receive an annual salary as set by the
Compensation Review Board.
For terms ending before December 31, 2019, the The
Assistant Director of Agriculture shall receive an annual
salary as set by the Compensation Review Board.
(Source: P.A. 96-800, eff. 10-30-09.)
(20 ILCS 5/5-320) (was 20 ILCS 5/9.19)
Sec. 5-320. In the Department of Central Management
Services. For terms ending before December 31, 2019, the The
Director of Central Management Services shall receive an annual
salary as set by the Compensation Review Board.
For terms ending before December 31, 2019, each Each
Assistant Director of Central Management Services shall
receive an annual salary as set by the Compensation Review
Board.
(Source: P.A. 96-800, eff. 10-30-09.)
(20 ILCS 5/5-325) (was 20 ILCS 5/9.16)
Sec. 5-325. In the Department of Children and Family
Services. For terms ending before December 31, 2019, the The
Director of Children and Family Services shall receive an

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annual salary as set by the Compensation Review Board.
(Source: P.A. 96-800, eff. 10-30-09.)
(20 ILCS 5/5-330) (was 20 ILCS 5/9.18)
Sec. 5-330. In the Department of Commerce and Economic
Opportunity. For terms ending before December 31, 2019, the The
Director of Commerce and Economic Opportunity shall receive an
annual salary as set by the Compensation Review Board.
For terms ending before December 31, 2019, the The
Assistant Director of Commerce and Economic Opportunity shall
receive an annual salary as set by the Compensation Review
Board.
(Source: P.A. 96-800, eff. 10-30-09.)
(20 ILCS 5/5-335) (was 20 ILCS 5/9.11a)
Sec. 5-335. In the Department of Corrections. For terms
ending before December 31, 2019, the The Director of
Corrections shall receive an annual salary as set by the
Compensation Review Board.
For terms ending before December 31, 2019, the The
Assistant Director of Corrections shall receive an annual
salary as set by the Compensation Review Board for the
Assistant Director of Corrections-Adult Division.
(Source: P.A. 96-800, eff. 10-30-09; 97-1083, eff. 8-24-12.)
(20 ILCS 5/5-340) (was 20 ILCS 5/9.30)

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Sec. 5-340. In the Department of Employment Security. For
terms ending before December 31, 2019, the The Director of
Employment Security shall receive an annual salary as set by
the Compensation Review Board.
Each member of the Board of Review shall receive $15,000.
(Source: P.A. 96-800, eff. 10-30-09.)
(20 ILCS 5/5-345) (was 20 ILCS 5/9.15)
Sec. 5-345. In the Department of Financial and Professional
Regulation Institutions. For terms ending before December 31,
2019, the Secretary of Financial and Professional Regulation
The Director of Financial Institutions shall receive an annual
salary as set by the Compensation Review Board.
For terms ending before December 31, 2019, the Director of
Financial Institutions, the Director of Professional
Regulation, the Director of Banking, and the Director of Real
Estate The Assistant Director of Financial Institutions shall
receive an annual salary as set by the Compensation Review
Board.
(Source: P.A. 96-800, eff. 10-30-09.)
(20 ILCS 5/5-350) (was 20 ILCS 5/9.24)
Sec. 5-350. In the Department of Human Rights. For terms
ending before December 31, 2019, the The Director of Human
Rights shall receive an annual salary as set by the
Compensation Review Board.

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(Source: P.A. 96-800, eff. 10-30-09.)
(20 ILCS 5/5-355) (was 20 ILCS 5/9.05a)
Sec. 5-355. In the Department of Human Services. For terms
ending before December 31, 2019, the The Secretary of Human
Services shall receive an annual salary as set by the
Compensation Review Board.
For terms ending before December 31, 2019, the The
Assistant Secretaries of Human Services shall each receive an
annual salary as set by the Compensation Review Board.
(Source: P.A. 96-800, eff. 10-30-09.)
(20 ILCS 5/5-360) (was 20 ILCS 5/9.10)
Sec. 5-360. In the Department of Insurance. For terms
ending before December 31, 2019, the The Director of Insurance
shall receive an annual salary as set by the Compensation
Review Board.
For terms ending before December 31, 2019, the The
Assistant Director of Insurance shall receive an annual salary
as set by the Compensation Review Board.
(Source: P.A. 96-800, eff. 10-30-09.)
(20 ILCS 5/5-362)
Sec. 5-362. In the Department of Juvenile Justice. For
terms ending before December 31, 2019, the The Director of
Juvenile Justice shall receive an annual salary as set by the

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Compensation Review Board.
(Source: P.A. 96-800, eff. 10-30-09.)
(20 ILCS 5/5-365) (was 20 ILCS 5/9.03)
Sec. 5-365. In the Department of Labor. For terms ending
before December 31, 2019, the The Director of Labor shall
receive an annual salary as set by the Compensation Review
Board.
For terms ending before December 31, 2019, the The
Assistant Director of Labor shall receive an annual salary as
set by the Compensation Review Board.
The Chief Safety Inspector shall receive $24,700 from the
third Monday in January, 1979 to the third Monday in January,
1980, and $25,000 thereafter, or as set by the Compensation
Review Board, whichever is greater.
The Superintendent of Occupational Safety and Health shall
receive $27,500, or as set by the Compensation Review Board,
whichever is greater.
The Superintendent of Women's and Children's Employment
shall receive $22,000 from the third Monday in January, 1979 to
the third Monday in January, 1980, and $22,500 thereafter, or
as set by the Compensation Review Board, whichever is greater.
(Source: P.A. 98-874, eff. 1-1-15.)
(20 ILCS 5/5-375) (was 20 ILCS 5/9.09)
Sec. 5-375. In the Department of Natural Resources. For

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terms ending before December 31, 2019 The Director of Natural
Resources shall continue to receive the annual salary set by
law for the Director of Conservation until January 20, 1997.
Beginning on that date, the Director of Natural Resources shall
receive an annual salary as set by the Compensation Review
Board.
For terms ending before December 31, 2019 The Assistant
Director of Natural Resources shall continue to receive the
annual salary set by law for the Assistant Director of
Conservation until January 20, 1997. Beginning on that date,
the Assistant Director of Natural Resources shall receive an
annual salary as set by the Compensation Review Board.
(Source: P.A. 96-800, eff. 10-30-09.)
(20 ILCS 5/5-395) (was 20 ILCS 5/9.17)
Sec. 5-395. In the Department of Healthcare and Family
Services. For terms ending before December 31, 2019, the The
Director of Healthcare and Family Services shall receive an
annual salary as set by the Compensation Review Board.
For terms ending before December 31, 2019, the The
Assistant Director of Healthcare and Family Services shall
receive an annual salary as set by the Compensation Review
Board.
(Source: P.A. 95-331, eff. 8-21-07; 96-800, eff. 10-30-09.)
(20 ILCS 5/5-400) (was 20 ILCS 5/9.07)

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Sec. 5-400. In the Department of Public Health. For terms
ending before December 31, 2019, the The Director of Public
Health shall receive an annual salary as set by the
Compensation Review Board.
For terms ending before December 31, 2019, the The
Assistant Director of Public Health shall receive an annual
salary as set by the Compensation Review Board.
(Source: P.A. 96-800, eff. 10-30-09.)
(20 ILCS 5/5-405) (was 20 ILCS 5/9.12)
Sec. 5-405. In the Department of Revenue. For terms ending
before December 31, 2019, the The Director of Revenue shall
receive an annual salary as set by the Compensation Review
Board.
For terms ending before December 31, 2019, the The
Assistant Director of Revenue shall receive an annual salary as
set by the Compensation Review Board.
(Source: P.A. 96-800, eff. 10-30-09.)
(20 ILCS 5/5-410) (was 20 ILCS 5/9.11)
Sec. 5-410. In the Department of State Police. For terms
ending before December 31, 2019, the The Director of State
Police shall receive an annual salary as set by the
Compensation Review Board.
For terms ending before December 31, 2019, the The
Assistant Director of State Police shall receive an annual

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salary as set by the Compensation Review Board.
(Source: P.A. 96-800, eff. 10-30-09.)
(20 ILCS 5/5-415) (was 20 ILCS 5/9.05)
Sec. 5-415. In the Department of Transportation. For terms
ending before December 31, 2019, the The Secretary of
Transportation shall receive an annual salary as set by the
Compensation Review Board.
For terms ending before December 31, 2019, the The
Assistant Secretary of Transportation shall receive an annual
salary as set by the Compensation Review Board.
(Source: P.A. 96-800, eff. 10-30-09.)
(20 ILCS 5/5-420) (was 20 ILCS 5/9.22)
Sec. 5-420. In the Department of Veterans' Affairs. For
terms ending before December 31, 2019, the The Director of
Veterans' Affairs shall receive an annual salary as set by the
Compensation Review Board.
For terms ending before December 31, 2019, the The
Assistant Director of Veterans' Affairs shall receive an annual
salary as set by the Compensation Review Board.
(Source: P.A. 96-800, eff. 10-30-09.)
(20 ILCS 5/5-385 rep.)
(20 ILCS 5/5-390 rep.)
Section 7. The Civil Administrative Code of Illinois is

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amended by repealing Sections 5-385 and 5-390.
Section 10. The Illinois Lottery Law is amended by changing
Section 5 as follows:
(20 ILCS 1605/5) (from Ch. 120, par. 1155)
Sec. 5. (a) The Department shall be under the supervision
and direction of a Director, who shall be a person qualified by
training and experience to perform the duties required by this
Act. The Director shall be appointed by the Governor, by and
with the advice and consent of the Senate. The term of office
of the Director shall expire on the third Monday of January in
odd numbered years provided that he or she shall hold office
until a successor is appointed and qualified. For terms ending
before December 31, 2019, the The annual salary of the Director
is $142,000. For terms beginning after the effective date of
this amendatory Act of the 100th General Assembly, the annual
salary of the Director shall be as provided in Section 5-300 of
the Civil Administrative Code of Illinois.
Any vacancy occurring in the office of the Director shall
be filled in the same manner as the original appointment. In
case of a vacancy during the recess of the Senate, the Governor
shall make a temporary appointment until the next meeting of
the Senate, when the Governor shall nominate some person to
fill the office, and any person so nominated who is confirmed
by the Senate shall hold office during the remainder of the

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

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

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pursuant to this Section.
(Source: P.A. 97-464, eff. 8-19-11; 98-499, eff. 8-16-13.)
Section 15. The Military Code of Illinois is amended by
changing Section 17 as follows:
(20 ILCS 1805/17) (from Ch. 129, par. 220.17)
Sec. 17. The Adjutant General and the Assistant Adjutants
General shall give their entire time to their military duties.
For terms ending before December 31, 2019, the The Adjutant
General shall receive an annual salary as set by the
Compensation Review Board, and each Assistant Adjutant General
shall receive an annual salary as set by the Compensation
Review Board. For terms beginning after the effective date of
this amendatory Act of the 100th General Assembly, the annual
salaries for the Adjutant General and the Assistant Adjutants
General shall be an amount equal to 15% more than the
respective officer's annual salary as of December 31, 2018. The
calculation of the 2018 salary base for this adjustment shall
not include any cost of living adjustments, as authorized by
Senate Joint Resolution 192 of the 86th General Assembly, for
the period beginning July 1, 2009 to June 30, 2019. Beginning
July 1, 2019 and each July 1 thereafter, the Adjutant General
and the Assistant Adjutants General shall receive an increase
in salary based on a cost of living adjustment as authorized by
Senate Joint Resolution 192 of the 86th General Assembly.

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(Source: P.A. 96-800, eff. 10-30-09.)
Section 20. The State Fire Marshal Act is amended by
changing Section 1 as follows:
(20 ILCS 2905/1) (from Ch. 127 1/2, par. 1)
Sec. 1. There is hereby created the Office of the State
Fire Marshal, hereinafter referred to as the Office.
The Office shall be under an executive director who shall
be appointed by the Governor with the advice and consent of the
Senate.
The executive director of the Office shall be known as the
State Fire Marshal. For terms ending before December 31, 2019,
the State Fire Marshal and shall receive an annual salary as
set by the Compensation Review Board. For terms beginning after
the effective date of this amendatory Act of the 100th General
Assembly, the State Fire Marshal's annual salary shall be an
amount equal to 15% more than the State Fire Marshal's annual
salary as of December 31, 2018. The calculation of the 2018
salary base for this adjustment shall not include any cost of
living adjustments, as authorized by Senate Joint Resolution
192 of the 86th General Assembly, for the period beginning July
1, 2009 to June 30, 2019. Beginning July 1, 2019 and each July
1 thereafter, the State Fire Marshal shall receive an increase
in salary based on a cost of living adjustment as authorized by
Senate Joint Resolution 192 of the 86th General Assembly.

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The Office of the State Fire Marshal shall have a division
that shall assume the duties of the Division of Fire
Prevention, Department of Law Enforcement, and a division that
shall assume the duties of Illinois Fire Protection Personnel
Standards and Education Commission. Each division shall be
headed by a division manager who shall be employed by the Fire
Marshal, subject to the Personnel Code, and shall be
responsible to the Fire Marshal.
(Source: P.A. 96-800, eff. 10-30-09.)
Section 25. The Illinois Emergency Management Agency Act is
amended by changing Section 5 as follows:
(20 ILCS 3305/5) (from Ch. 127, par. 1055)
Sec. 5. Illinois Emergency Management Agency.
(a) There is created within the executive branch of the
State Government an Illinois Emergency Management Agency and a
Director of the Illinois Emergency Management Agency, herein
called the "Director" who shall be the head thereof. The
Director shall be appointed by the Governor, with the advice
and consent of the Senate, and shall serve for a term of 2
years beginning on the third Monday in January of the
odd-numbered year, and until a successor is appointed and has
qualified; except that the term of the first Director appointed
under this Act shall expire on the third Monday in January,
1989. The Director shall not hold any other remunerative public

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office. For terms ending before December 31, 2019, the The
Director shall receive an annual salary as set by the
Compensation Review Board. For terms beginning after the
effective date of this amendatory Act of the 100th General
Assembly, the annual salary of the Director shall be as
provided in Section 5-300 of the Civil Administrative Code of
Illinois.
(b) The Illinois Emergency Management Agency shall obtain,
under the provisions of the Personnel Code, technical,
clerical, stenographic and other administrative personnel, and
may make expenditures within the appropriation therefor as may
be necessary to carry out the purpose of this Act. The agency
created by this Act is intended to be a successor to the agency
created under the Illinois Emergency Services and Disaster
Agency Act of 1975 and the personnel, equipment, records, and
appropriations of that agency are transferred to the successor
agency as of June 30, 1988 (the effective date of this Act).
(c) The Director, subject to the direction and control of
the Governor, shall be the executive head of the Illinois
Emergency Management Agency and the State Emergency Response
Commission and shall be responsible under the direction of the
Governor, for carrying out the program for emergency management
of this State. The Director shall also maintain liaison and
cooperate with the emergency management organizations of this
State and other states and of the federal government.
(d) The Illinois Emergency Management Agency shall take an

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integral part in the development and revision of political
subdivision emergency operations plans prepared under
paragraph (f) of Section 10. To this end it shall employ or
otherwise secure the services of professional and technical
personnel capable of providing expert assistance to the
emergency services and disaster agencies. These personnel
shall consult with emergency services and disaster agencies on
a regular basis and shall make field examinations of the areas,
circumstances, and conditions that particular political
subdivision emergency operations plans are intended to apply.
(e) The Illinois Emergency Management Agency and political
subdivisions shall be encouraged to form an emergency
management advisory committee composed of private and public
personnel representing the emergency management phases of
mitigation, preparedness, response, and recovery. The Local
Emergency Planning Committee, as created under the Illinois
Emergency Planning and Community Right to Know Act, shall serve
as an advisory committee to the emergency services and disaster
agency or agencies serving within the boundaries of that Local
Emergency Planning Committee planning district for:
(1) the development of emergency operations plan
provisions for hazardous chemical emergencies; and
(2) the assessment of emergency response capabilities
related to hazardous chemical emergencies.
(f) The Illinois Emergency Management Agency shall:
(1) Coordinate the overall emergency management

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program of the State.
(2) Cooperate with local governments, the federal
government and any public or private agency or entity in
achieving any purpose of this Act and in implementing
emergency management programs for mitigation,
preparedness, response, and recovery.
(2.5) Develop a comprehensive emergency preparedness
and response plan for any nuclear accident in accordance
with Section 65 of the Department of Nuclear Safety Law of
2004 (20 ILCS 3310) and in development of the Illinois
Nuclear Safety Preparedness program in accordance with
Section 8 of the Illinois Nuclear Safety Preparedness Act.
(2.6) Coordinate with the Department of Public Health
with respect to planning for and responding to public
health emergencies.
(3) Prepare, for issuance by the Governor, executive
orders, proclamations, and regulations as necessary or
appropriate in coping with disasters.
(4) Promulgate rules and requirements for political
subdivision emergency operations plans that are not
inconsistent with and are at least as stringent as
applicable federal laws and regulations.
(5) Review and approve, in accordance with Illinois
Emergency Management Agency rules, emergency operations
plans for those political subdivisions required to have an
emergency services and disaster agency pursuant to this

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Act.
(5.5) Promulgate rules and requirements for the
political subdivision emergency management exercises,
including, but not limited to, exercises of the emergency
operations plans.
(5.10) Review, evaluate, and approve, in accordance
with Illinois Emergency Management Agency rules, political
subdivision emergency management exercises for those
political subdivisions required to have an emergency
services and disaster agency pursuant to this Act.
(6) Determine requirements of the State and its
political subdivisions for food, clothing, and other
necessities in event of a disaster.
(7) Establish a register of persons with types of
emergency management training and skills in mitigation,
preparedness, response, and recovery.
(8) Establish a register of government and private
response resources available for use in a disaster.
(9) Expand the Earthquake Awareness Program and its
efforts to distribute earthquake preparedness materials to
schools, political subdivisions, community groups, civic
organizations, and the media. Emphasis will be placed on
those areas of the State most at risk from an earthquake.
Maintain the list of all school districts, hospitals,
airports, power plants, including nuclear power plants,
lakes, dams, emergency response facilities of all types,

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and all other major public or private structures which are
at the greatest risk of damage from earthquakes under
circumstances where the damage would cause subsequent harm
to the surrounding communities and residents.
(10) Disseminate all information, completely and
without delay, on water levels for rivers and streams and
any other data pertaining to potential flooding supplied by
the Division of Water Resources within the Department of
Natural Resources to all political subdivisions to the
maximum extent possible.
(11) Develop agreements, if feasible, with medical
supply and equipment firms to supply resources as are
necessary to respond to an earthquake or any other disaster
as defined in this Act. These resources will be made
available upon notifying the vendor of the disaster.
Payment for the resources will be in accordance with
Section 7 of this Act. The Illinois Department of Public
Health shall determine which resources will be required and
requested.
(11.5) In coordination with the Department of State
Police, develop and implement a community outreach program
to promote awareness among the State's parents and children
of child abduction prevention and response.
(12) Out of funds appropriated for these purposes,
award capital and non-capital grants to Illinois hospitals
or health care facilities located outside of a city with a

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population in excess of 1,000,000 to be used for purposes
that include, but are not limited to, preparing to respond
to mass casualties and disasters, maintaining and
improving patient safety and quality of care, and
protecting the confidentiality of patient information. No
single grant for a capital expenditure shall exceed
$300,000. No single grant for a non-capital expenditure
shall exceed $100,000. In awarding such grants, preference
shall be given to hospitals that serve a significant number
of Medicaid recipients, but do not qualify for
disproportionate share hospital adjustment payments under
the Illinois Public Aid Code. To receive such a grant, a
hospital or health care facility must provide funding of at
least 50% of the cost of the project for which the grant is
being requested. In awarding such grants the Illinois
Emergency Management Agency shall consider the
recommendations of the Illinois Hospital Association.
(13) Do all other things necessary, incidental or
appropriate for the implementation of this Act.
(g) The Illinois Emergency Management Agency is authorized
to make grants to various higher education institutions, public
K-12 school districts, area vocational centers as designated by
the State Board of Education, inter-district special education
cooperatives, regional safe schools, and nonpublic K-12
schools for safety and security improvements. For the purpose
of this subsection (g), "higher education institution" means a

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public university, a public community college, or an
independent, not-for-profit or for-profit higher education
institution located in this State. Grants made under this
subsection (g) shall be paid out of moneys appropriated for
that purpose from the Build Illinois Bond Fund. The Illinois
Emergency Management Agency shall adopt rules to implement this
subsection (g). These rules may specify: (i) the manner of
applying for grants; (ii) project eligibility requirements;
(iii) restrictions on the use of grant moneys; (iv) the manner
in which the various higher education institutions must account
for the use of grant moneys; and (v) any other provision that
the Illinois Emergency Management Agency determines to be
necessary or useful for the administration of this subsection
(g).
(g-5) The Illinois Emergency Management Agency is
authorized to make grants to not-for-profit organizations
which are exempt from federal income taxation under section
501(c)(3) of the Federal Internal Revenue Code for eligible
security improvements that assist the organization in
preventing, preparing for, or responding to acts of terrorism.
The Director shall establish procedures and forms by which
applicants may apply for a grant and procedures for
distributing grants to recipients. The procedures shall
require each applicant to do the following:
(1) identify and substantiate prior threats or attacks
by a terrorist organization, network, or cell against the

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not-for-profit organization;
(2) indicate the symbolic or strategic value of one or
more sites that renders the site a possible target of
terrorism;
(3) discuss potential consequences to the organization
if the site is damaged, destroyed, or disrupted by a
terrorist act;
(4) describe how the grant will be used to integrate
organizational preparedness with broader State and local
preparedness efforts;
(5) submit a vulnerability assessment conducted by
experienced security, law enforcement, or military
personnel, and a description of how the grant award will be
used to address the vulnerabilities identified in the
assessment; and
(6) submit any other relevant information as may be
required by the Director.
The Agency is authorized to use funds appropriated for the
grant program described in this subsection (g-5) to administer
the program.
(h) Except as provided in Section 17.5 of this Act, any
moneys received by the Agency from donations or sponsorships
shall be deposited in the Emergency Planning and Training Fund
and used by the Agency, subject to appropriation, to effectuate
planning and training activities.
(i) The Illinois Emergency Management Agency may by rule

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assess and collect reasonable fees for attendance at
Agency-sponsored conferences to enable the Agency to carry out
the requirements of this Act. Any moneys received under this
subsection shall be deposited in the Emergency Planning and
Training Fund and used by the Agency, subject to appropriation,
for planning and training activities.
(j) The Illinois Emergency Management Agency is authorized
to make grants to other State agencies, public universities,
units of local government, and statewide mutual aid
organizations to enhance statewide emergency preparedness and
response.
(Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17;
100-587, eff. 6-4-18; 100-863, eff. 8-14-18; revised
10-22-18.)
Section 30. The Illinois Power Agency Act is amended by
changing Section 1-70 as follows:
(20 ILCS 3855/1-70)
Sec. 1-70. Agency officials.
(a) The Agency shall have a Director who meets the
qualifications specified in Section 5-222 of the Civil
Administrative Code of Illinois (20 ILCS 5/5-222).
(b) Within the Illinois Power Agency, the Agency shall
establish a Planning and Procurement Bureau and may establish a
Resource Development Bureau. Each Bureau shall report to the

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Director.
(c) The Chief of the Planning and Procurement Bureau shall
be appointed by the Director, at the Director's sole
discretion, and (i) shall have at least 5 years of direct
experience in electricity supply planning and procurement and
(ii) shall also hold an advanced degree in risk management,
law, business, or a related field.
(d) The Chief of the Resource Development Bureau may be
appointed by the Director and (i) shall have at least 5 years
of direct experience in electric generating project
development and (ii) shall also hold an advanced degree in
economics, engineering, law, business, or a related field.
(e) For terms ending before December 31, 2019, the The
Director shall receive an annual salary of $100,000 or as set
by the Compensation Review Board, whichever is higher. For
terms ending before December 31, 2019, the The Bureau Chiefs
shall each receive an annual salary of $85,000 or as set by the
Compensation Review Board, whichever is higher. For terms
beginning after the effective date of this amendatory Act of
the 100th General Assembly, the annual salaries for the
Director and the Bureau Chiefs shall be an amount equal to 15%
more than the respective position's annual salary as of
December 31, 2018. The calculation of the 2018 salary base for
this adjustment shall not include any cost of living
adjustments, as authorized by Senate Joint Resolution 192 of
the 86th General Assembly, for the period beginning July 1,

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2009 to June 30, 2019. Beginning July 1, 2019 and each July 1
thereafter, the Director and the Bureau Chiefs shall receive an
increase in salary based on a cost of living adjustment as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly.
(f) The Director and Bureau Chiefs shall not, for 2 years
prior to appointment or for 2 years after he or she leaves his
or her position, be employed by an electric utility,
independent power producer, power marketer, or alternative
retail electric supplier regulated by the Commission or the
Federal Energy Regulatory Commission.
(g) The Director and Bureau Chiefs are prohibited from: (i)
owning, directly or indirectly, 5% or more of the voting
capital stock of an electric utility, independent power
producer, power marketer, or alternative retail electric
supplier; (ii) being in any chain of successive ownership of 5%
or more of the voting capital stock of any electric utility,
independent power producer, power marketer, or alternative
retail electric supplier; (iii) receiving any form of
compensation, fee, payment, or other consideration from an
electric utility, independent power producer, power marketer,
or alternative retail electric supplier, including legal fees,
consulting fees, bonuses, or other sums. These limitations do
not apply to any compensation received pursuant to a defined
benefit plan or other form of deferred compensation, provided
that the individual has otherwise severed all ties to the

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utility, power producer, power marketer, or alternative retail
electric supplier.
(Source: P.A. 99-536, eff. 7-8-16.)
Section 35. The Environmental Protection Act is amended by
changing Section 4 as follows:
(415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
Sec. 4. Environmental Protection Agency; establishment;
duties.
(a) There is established in the Executive Branch of the
State Government an agency to be known as the Environmental
Protection Agency. This Agency shall be under the supervision
and direction of a Director who shall be appointed by the
Governor with the advice and consent of the Senate. The term of
office of the Director shall expire on the third Monday of
January in odd numbered years, provided that he or she shall
hold office until a successor is appointed and has qualified.
For terms ending before December 31, 2019, the The Director
shall receive an annual salary as set by the Compensation
Review Board. For terms beginning after the effective date of
this amendatory Act of the 100th General Assembly, the
Director's annual salary shall be an amount equal to 15% more
than the Director's annual salary as of December 31, 2018. The
calculation of the 2018 salary base for this adjustment shall
not include any cost of living adjustments, as authorized by

10000SB3531ham003 - 32 - LRB100 18248 JWD 43867 a
Senate Joint Resolution 192 of the 86th General Assembly, for
the period beginning July 1, 2009 to June 30, 2019. Beginning
July 1, 2019 and each July 1 thereafter, the Director shall
receive an increase in salary based on a cost of living
adjustment as authorized by Senate Joint Resolution 192 of the
86th General Assembly. The Director, in accord with the
Personnel Code, shall employ and direct such personnel, and
shall provide for such laboratory and other facilities, as may
be necessary to carry out the purposes of this Act. In
addition, the Director may by agreement secure such services as
he or she may deem necessary from any other department, agency,
or unit of the State Government, and may employ and compensate
such consultants and technical assistants as may be required.
(b) The Agency shall have the duty to collect and
disseminate such information, acquire such technical data, and
conduct such experiments as may be required to carry out the
purposes of this Act, including ascertainment of the quantity
and nature of discharges from any contaminant source and data
on those sources, and to operate and arrange for the operation
of devices for the monitoring of environmental quality.
(c) The Agency shall have authority to conduct a program of
continuing surveillance and of regular or periodic inspection
of actual or potential contaminant or noise sources, of public
water supplies, and of refuse disposal sites.
(d) In accordance with constitutional limitations, the
Agency shall have authority to enter at all reasonable times

10000SB3531ham003 - 33 - LRB100 18248 JWD 43867 a
upon any private or public property for the purpose of:
(1) Inspecting and investigating to ascertain possible
violations of this Act, any rule or regulation adopted
under this Act, any permit or term or condition of a
permit, or any Board order; or
(2) In accordance with the provisions of this Act,
taking whatever preventive or corrective action, including
but not limited to removal or remedial action, that is
necessary or appropriate whenever there is a release or a
substantial threat of a release of (A) a hazardous
substance or pesticide or (B) petroleum from an underground
storage tank.
(e) The Agency shall have the duty to investigate
violations of this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any
Board order; to issue administrative citations as provided in
Section 31.1 of this Act; and to take such summary enforcement
action as is provided for by Section 34 of this Act.
(f) The Agency shall appear before the Board in any hearing
upon a petition for variance or time-limited water quality
standard, the denial of a permit, or the validity or effect of
a rule or regulation of the Board, and shall have the authority
to appear before the Board in any hearing under the Act.
(g) The Agency shall have the duty to administer, in accord
with Title X of this Act, such permit and certification systems
as may be established by this Act or by regulations adopted

10000SB3531ham003 - 34 - LRB100 18248 JWD 43867 a
thereunder. The Agency may enter into written delegation
agreements with any department, agency, or unit of State or
local government under which all or portions of this duty may
be delegated for public water supply storage and transport
systems, sewage collection and transport systems, air
pollution control sources with uncontrolled emissions of 100
tons per year or less and application of algicides to waters of
the State. Such delegation agreements will require that the
work to be performed thereunder will be in accordance with
Agency criteria, subject to Agency review, and shall include
such financial and program auditing by the Agency as may be
required.
(h) The Agency shall have authority to require the
submission of complete plans and specifications from any
applicant for a permit required by this Act or by regulations
thereunder, and to require the submission of such reports
regarding actual or potential violations of this Act, any rule
or regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order, as may be necessary
for the purposes of this Act.
(i) The Agency shall have authority to make recommendations
to the Board for the adoption of regulations under Title VII of
the Act.
(j) The Agency shall have the duty to represent the State
of Illinois in any and all matters pertaining to plans,
procedures, or negotiations for interstate compacts or other

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governmental arrangements relating to environmental
protection.
(k) The Agency shall have the authority to accept, receive,
and administer on behalf of the State any grants, gifts, loans,
indirect cost reimbursements, or other funds made available to
the State from any source for purposes of this Act or for air
or water pollution control, public water supply, solid waste
disposal, noise abatement, or other environmental protection
activities, surveys, or programs. Any federal funds received by
the Agency pursuant to this subsection shall be deposited in a
trust fund with the State Treasurer and held and disbursed by
him in accordance with Treasurer as Custodian of Funds Act,
provided that such monies shall be used only for the purposes
for which they are contributed and any balance remaining shall
be returned to the contributor.
The Agency is authorized to promulgate such regulations and
enter into such contracts as it may deem necessary for carrying
out the provisions of this subsection.
(l) The Agency is hereby designated as water pollution
agency for the state for all purposes of the Federal Water
Pollution Control Act, as amended; as implementing agency for
the State for all purposes of the Safe Drinking Water Act,
Public Law 93-523, as now or hereafter amended, except Section
1425 of that Act; as air pollution agency for the state for all
purposes of the Clean Air Act of 1970, Public Law 91-604,
approved December 31, 1970, as amended; and as solid waste

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agency for the state for all purposes of the Solid Waste
Disposal Act, Public Law 89-272, approved October 20, 1965, and
amended by the Resource Recovery Act of 1970, Public Law
91-512, approved October 26, 1970, as amended, and amended by
the Resource Conservation and Recovery Act of 1976, (P.L.
94-580) approved October 21, 1976, as amended; as noise control
agency for the state for all purposes of the Noise Control Act
of 1972, Public Law 92-574, approved October 27, 1972, as
amended; and as implementing agency for the State for all
purposes of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (P.L. 96-510), as
amended; and otherwise as pollution control agency for the
State pursuant to federal laws integrated with the foregoing
laws, for financing purposes or otherwise. The Agency is hereby
authorized to take all action necessary or appropriate to
secure to the State the benefits of such federal Acts, provided
that the Agency shall transmit to the United States without
change any standards adopted by the Pollution Control Board
pursuant to Section 5(c) of this Act. This subsection (l) of
Section 4 shall not be construed to bar or prohibit the
Environmental Protection Trust Fund Commission from accepting,
receiving, and administering on behalf of the State any grants,
gifts, loans or other funds for which the Commission is
eligible pursuant to the Environmental Protection Trust Fund
Act. The Agency is hereby designated as the State agency for
all purposes of administering the requirements of Section 313

10000SB3531ham003 - 37 - LRB100 18248 JWD 43867 a
of the federal Emergency Planning and Community Right-to-Know
Act of 1986.
Any municipality, sanitary district, or other political
subdivision, or any Agency of the State or interstate Agency,
which makes application for loans or grants under such federal
Acts shall notify the Agency of such application; the Agency
may participate in proceedings under such federal Acts.
(m) The Agency shall have authority, consistent with
Section 5(c) and other provisions of this Act, and for purposes
of Section 303(e) of the Federal Water Pollution Control Act,
as now or hereafter amended, to engage in planning processes
and activities and to develop plans in cooperation with units
of local government, state agencies and officers, and other
appropriate persons in connection with the jurisdiction or
duties of each such unit, agency, officer or person. Public
hearings shall be held on the planning process, at which any
person shall be permitted to appear and be heard, pursuant to
procedural regulations promulgated by the Agency.
(n) In accordance with the powers conferred upon the Agency
by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the
Agency shall have authority to establish and enforce minimum
standards for the operation of laboratories relating to
analyses and laboratory tests for air pollution, water
pollution, noise emissions, contaminant discharges onto land
and sanitary, chemical, and mineral quality of water
distributed by a public water supply. The Agency may enter into

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formal working agreements with other departments or agencies of
state government under which all or portions of this authority
may be delegated to the cooperating department or agency.
(o) The Agency shall have the authority to issue
certificates of competency to persons and laboratories meeting
the minimum standards established by the Agency in accordance
with Section 4(n) of this Act and to promulgate and enforce
regulations relevant to the issuance and use of such
certificates. The Agency may enter into formal working
agreements with other departments or agencies of state
government under which all or portions of this authority may be
delegated to the cooperating department or agency.
(p) Except as provided in Section 17.7, the Agency shall
have the duty to analyze samples as required from each public
water supply to determine compliance with the contaminant
levels specified by the Pollution Control Board. The maximum
number of samples which the Agency shall be required to analyze
for microbiological quality shall be 6 per month, but the
Agency may, at its option, analyze a larger number each month
for any supply. Results of sample analyses for additional
required bacteriological testing, turbidity, residual chlorine
and radionuclides are to be provided to the Agency in
accordance with Section 19. Owners of water supplies may enter
into agreements with the Agency to provide for reduced Agency
participation in sample analyses.
(q) The Agency shall have the authority to provide notice

10000SB3531ham003 - 39 - LRB100 18248 JWD 43867 a
to any person who may be liable pursuant to Section 22.2(f) of
this Act for a release or a substantial threat of a release of
a hazardous substance or pesticide. Such notice shall include
the identified response action and an opportunity for such
person to perform the response action.
(r) The Agency may enter into written delegation agreements
with any unit of local government under which it may delegate
all or portions of its inspecting, investigating and
enforcement functions. Such delegation agreements shall
require that work performed thereunder be in accordance with
Agency criteria and subject to Agency review. Notwithstanding
any other provision of law to the contrary, no unit of local
government shall be liable for any injury resulting from the
exercise of its authority pursuant to such a delegation
agreement unless the injury is proximately caused by the
willful and wanton negligence of an agent or employee of the
unit of local government, and any policy of insurance coverage
issued to a unit of local government may provide for the denial
of liability and the nonpayment of claims based upon injuries
for which the unit of local government is not liable pursuant
to this subsection (r).
(s) The Agency shall have authority to take whatever
preventive or corrective action is necessary or appropriate,
including but not limited to expenditure of monies appropriated
from the Build Illinois Bond Fund and the Build Illinois
Purposes Fund for removal or remedial action, whenever any

10000SB3531ham003 - 40 - LRB100 18248 JWD 43867 a
hazardous substance or pesticide is released or there is a
substantial threat of such a release into the environment. The
State, the Director, and any State employee shall be
indemnified for any damages or injury arising out of or
resulting from any action taken under this subsection. The
Director of the Agency is authorized to enter into such
contracts and agreements as are necessary to carry out the
Agency's duties under this subsection.
(t) The Agency shall have authority to distribute grants,
subject to appropriation by the General Assembly, to units of
local government for financing and construction of wastewater
facilities in both incorporated and unincorporated areas. With
respect to all monies appropriated from the Build Illinois Bond
Fund and the Build Illinois Purposes Fund for wastewater
facility grants, the Agency shall make distributions in
conformity with the rules and regulations established pursuant
to the Anti-Pollution Bond Act, as now or hereafter amended.
(u) Pursuant to the Illinois Administrative Procedure Act,
the Agency shall have the authority to adopt such rules as are
necessary or appropriate for the Agency to implement Section
31.1 of this Act.
(v) (Blank.)
(w) Neither the State, nor the Director, nor the Board, nor
any State employee shall be liable for any damages or injury
arising out of or resulting from any action taken under
subsection (s).

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(x)(1) The Agency shall have authority to distribute
grants, subject to appropriation by the General Assembly, to
units of local government for financing and construction of
public water supply facilities. With respect to all monies
appropriated from the Build Illinois Bond Fund or the Build
Illinois Purposes Fund for public water supply grants, such
grants shall be made in accordance with rules promulgated by
the Agency. Such rules shall include a requirement for a local
match of 30% of the total project cost for projects funded
through such grants.
(2) The Agency shall not terminate a grant to a unit of
local government for the financing and construction of public
water supply facilities unless and until the Agency adopts
rules that set forth precise and complete standards, pursuant
to Section 5-20 of the Illinois Administrative Procedure Act,
for the termination of such grants. The Agency shall not make
determinations on whether specific grant conditions are
necessary to ensure the integrity of a project or on whether
subagreements shall be awarded, with respect to grants for the
financing and construction of public water supply facilities,
unless and until the Agency adopts rules that set forth precise
and complete standards, pursuant to Section 5-20 of the
Illinois Administrative Procedure Act, for making such
determinations. The Agency shall not issue a stop-work order in
relation to such grants unless and until the Agency adopts
precise and complete standards, pursuant to Section 5-20 of the

10000SB3531ham003 - 42 - LRB100 18248 JWD 43867 a
Illinois Administrative Procedure Act, for determining whether
to issue a stop-work order.
(y) The Agency shall have authority to release any person
from further responsibility for preventive or corrective
action under this Act following successful completion of
preventive or corrective action undertaken by such person upon
written request by the person.
(z) To the extent permitted by any applicable federal law
or regulation, for all work performed for State construction
projects which are funded in whole or in part by a capital
infrastructure bill enacted by the 96th General Assembly by
sums appropriated to the Environmental Protection Agency, at
least 50% of the total labor hours must be performed by actual
residents of the State of Illinois. For purposes of this
subsection, "actual residents of the State of Illinois" means
persons domiciled in the State of Illinois. The Department of
Labor shall promulgate rules providing for the enforcement of
this subsection.
(aa) The Agency may adopt rules requiring the electronic
submission of any information required to be submitted to the
Agency pursuant to any State or federal law or regulation or
any court or Board order. Any rules adopted under this
subsection (aa) must include, but are not limited to,
identification of the information to be submitted
electronically.
(Source: P.A. 98-72, eff. 7-15-13; 99-937, eff. 2-24-17.)

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Section 99. Effective date. This Act takes effect upon
becoming law.".