Bill Text: IL HB5186 | 2021-2022 | 102nd General Assembly | Chaptered

---

Bill Title: Reinserts the provisions of the engrossed bill. Adds provisions amending the State Finance Act to repeal provisions concerning various special funds. Amends the Illinois Future of Work Act. Provides that the Illinois Future of Work Task Force shall submit its final report to the Governor and the General Assembly no later than June 1, 2022 (rather than May 1, 2022). Adds provisions amending the School Code. Repeals provisions concerning the School District Emergency Financial Assistance Fund, audit adjustments to State aid claims for alternative education programs, the Giant Steps Autism Center for Excellence pilot program, job training programs, posting of high-skilled manufacturing teaching resources, fast growth grants, the Alternative Route to Administrative Certification for National Board Certified Teachers, and the board of examiners. Amends the Illinois Coal and Energy Development Bond Act. Repeals specified provisions concerning bonds and investments. Amends the Department of Human Services Act. Removes provisions concerning the reporting of allegations of adult students with disabilities. Amends the State Finance Act. Repeals provisions concerning cash flow borrowing and general funds liquidity. Amends the Illinois Procurement Code. Removes a provision requiring the Department of Central Management Services to report on specified State agency reports. Amends the Community Services Act. Removes provisions concerning the creation and duties of a commission related to the financing for community services. Amends the Unified Code of Corrections. Repeals provisions concerning specified annual reports and a residential and transition treatment program for women. Amends the Illinois Act on the Aging. Makes changes to provisions concerning the Community Care Program. Makes conforming changes. Adds provisions amending the Employee Washroom Act, the Work Under Compressed Air Act, the Underground Sewer Employee Safety Act, and the Toxic Substances Disclosure to Employees Act. Provides that those Acts are inoperative until and unless certain federal occupational safety and health standards cease to be in effect. Amends the University of Illinois Hospital Act to repeal a provision concerning patient notice of observation status. Repeals the University of Illinois Gerontological Committee Act. Repeals the Illinois Health Policy Center Act. Amends the Health in All Policies Act to provide that the workgroup created under specified provisions shall submit its report to the General Assembly by December 31, 2022 (rather than December 31, 2020) and by December 31 of each year thereafter. Amends the Illinois Immigrant Impact Task Force Act. Provides that the Task Force shall report its findings and recommendations to the Governor and the General Assembly on or before December 31, 2022 (rather than May 31, 2022). Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2022-06-10 - Public Act . . . . . . . . . 102-1071 [HB5186 Detail]

Download: Illinois-2021-HB5186-Chaptered.html

---

Public Act 102-1071
HB5186 Enrolled LRB102 24774 RJF 34017 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 5. STATE GOVERNMENT-AGENCY MANDATES
(20 ILCS 1110/7 rep.)
(20 ILCS 1110/8 rep.)
(20 ILCS 1110/9 rep.)
(20 ILCS 1110/10 rep.)
(20 ILCS 1110/11 rep.)
(20 ILCS 1110/12 rep.)
(20 ILCS 1110/13 rep.)
(20 ILCS 1110/14 rep.)
(20 ILCS 1110/15 rep.)
(20 ILCS 1110/16 rep.)
(20 ILCS 1110/17 rep.)
Section 5-5. The Illinois Coal and Energy Development Bond
Act is amended by repealing Sections 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, and 17.
Section 5-10. The Department of Human Services Act is
amended by changing Section 1-17 as follows:
(20 ILCS 1305/1-17)

Sec. 1-17. Inspector General.
(a) Nature and purpose. It is the express intent of the
General Assembly to ensure the health, safety, and financial
condition of individuals receiving services in this State due
to mental illness, developmental disability, or both by
protecting those persons from acts of abuse, neglect, or both
by service providers. To that end, the Office of the Inspector
General for the Department of Human Services is created to
investigate and report upon allegations of the abuse, neglect,
or financial exploitation of individuals receiving services
within mental health facilities, developmental disabilities
facilities, and community agencies operated, licensed, funded,
or certified by the Department of Human Services, but not
licensed or certified by any other State agency.
(b) Definitions. The following definitions apply to this
Section:
"Adult student with a disability" means an adult student,
age 18 through 21, inclusive, with an Individual Education
Program, other than a resident of a facility licensed by the
Department of Children and Family Services in accordance with
the Child Care Act of 1969. For purposes of this definition,
"through age 21, inclusive", means through the day before the
student's 22nd birthday.
"Agency" or "community agency" means (i) a community
agency licensed, funded, or certified by the Department, but
not licensed or certified by any other human services agency

of the State, to provide mental health service or
developmental disabilities service, or (ii) a program
licensed, funded, or certified by the Department, but not
licensed or certified by any other human services agency of
the State, to provide mental health service or developmental
disabilities service.
"Aggravating circumstance" means a factor that is
attendant to a finding and that tends to compound or increase
the culpability of the accused.
"Allegation" means an assertion, complaint, suspicion, or
incident involving any of the following conduct by an
employee, facility, or agency against an individual or
individuals: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
"Day" means working day, unless otherwise specified.
"Deflection" means a situation in which an individual is
presented for admission to a facility or agency, and the
facility staff or agency staff do not admit the individual.
"Deflection" includes triage, redirection, and denial of
admission.
"Department" means the Department of Human Services.
"Developmental disability" means "developmental
disability" as defined in the Mental Health and Developmental
Disabilities Code.
"Egregious neglect" means a finding of neglect as
determined by the Inspector General that (i) represents a

gross failure to adequately provide for, or a callused
indifference to, the health, safety, or medical needs of an
individual and (ii) results in an individual's death or other
serious deterioration of an individual's physical condition or
mental condition.
"Employee" means any person who provides services at the
facility or agency on-site or off-site. The service
relationship can be with the individual or with the facility
or agency. Also, "employee" includes any employee or
contractual agent of the Department of Human Services or the
community agency involved in providing or monitoring or
administering mental health or developmental disability
services. This includes but is not limited to: owners,
operators, payroll personnel, contractors, subcontractors, and
volunteers.
"Facility" or "State-operated facility" means a mental
health facility or developmental disabilities facility
operated by the Department.
"Financial exploitation" means taking unjust advantage of
an individual's assets, property, or financial resources
through deception, intimidation, or conversion for the
employee's, facility's, or agency's own advantage or benefit.
"Finding" means the Office of Inspector General's
determination regarding whether an allegation is
substantiated, unsubstantiated, or unfounded.
"Health Care Worker Registry" or "Registry" means the

Health Care Worker Registry under the Health Care Worker
Background Check Act.
"Individual" means any person receiving mental health
service, developmental disabilities service, or both from a
facility or agency, while either on-site or off-site.
"Mental abuse" means the use of demeaning, intimidating,
or threatening words, signs, gestures, or other actions by an
employee about an individual and in the presence of an
individual or individuals that results in emotional distress
or maladaptive behavior, or could have resulted in emotional
distress or maladaptive behavior, for any individual present.
"Mental illness" means "mental illness" as defined in the
Mental Health and Developmental Disabilities Code.
"Mentally ill" means having a mental illness.
"Mitigating circumstance" means a condition that (i) is
attendant to a finding, (ii) does not excuse or justify the
conduct in question, but (iii) may be considered in evaluating
the severity of the conduct, the culpability of the accused,
or both the severity of the conduct and the culpability of the
accused.
"Neglect" means an employee's, agency's, or facility's
failure to provide adequate medical care, personal care, or
maintenance and that, as a consequence, (i) causes an
individual pain, injury, or emotional distress, (ii) results
in either an individual's maladaptive behavior or the
deterioration of an individual's physical condition or mental

condition, or (iii) places the individual's health or safety
at substantial risk.
"Person with a developmental disability" means a person
having a developmental disability.
"Physical abuse" means an employee's non-accidental and
inappropriate contact with an individual that causes bodily
harm. "Physical abuse" includes actions that cause bodily harm
as a result of an employee directing an individual or person to
physically abuse another individual.
"Recommendation" means an admonition, separate from a
finding, that requires action by the facility, agency, or
Department to correct a systemic issue, problem, or deficiency
identified during an investigation.
"Required reporter" means any employee who suspects,
witnesses, or is informed of an allegation of any one or more
of the following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
"Secretary" means the Chief Administrative Officer of the
Department.
"Sexual abuse" means any sexual contact or intimate
physical contact between an employee and an individual,
including an employee's coercion or encouragement of an
individual to engage in sexual behavior that results in sexual
contact, intimate physical contact, sexual behavior, or
intimate physical behavior. Sexual abuse also includes (i) an
employee's actions that result in the sending or showing of

sexually explicit images to an individual via computer,
cellular phone, electronic mail, portable electronic device,
or other media with or without contact with the individual or
(ii) an employee's posting of sexually explicit images of an
individual online or elsewhere whether or not there is contact
with the individual.
"Sexually explicit images" includes, but is not limited
to, any material which depicts nudity, sexual conduct, or
sado-masochistic abuse, or which contains explicit and
detailed verbal descriptions or narrative accounts of sexual
excitement, sexual conduct, or sado-masochistic abuse.
"Substantiated" means there is a preponderance of the
evidence to support the allegation.
"Unfounded" means there is no credible evidence to support
the allegation.
"Unsubstantiated" means there is credible evidence, but
less than a preponderance of evidence to support the
allegation.
(c) Appointment. The Governor shall appoint, and the
Senate shall confirm, an Inspector General. The Inspector
General shall be appointed for a term of 4 years and shall
function within the Department of Human Services and report to
the Secretary and the Governor.
(d) Operation and appropriation. The Inspector General
shall function independently within the Department with
respect to the operations of the Office, including the

performance of investigations and issuance of findings and
recommendations. The appropriation for the Office of Inspector
General shall be separate from the overall appropriation for
the Department.
(e) Powers and duties. The Inspector General shall
investigate reports of suspected mental abuse, physical abuse,
sexual abuse, neglect, or financial exploitation of
individuals in any mental health or developmental disabilities
facility or agency and shall have authority to take immediate
action to prevent any one or more of the following from
happening to individuals under its jurisdiction: mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation. Upon written request of an agency of this State,
the Inspector General may assist another agency of the State
in investigating reports of the abuse, neglect, or abuse and
neglect of persons with mental illness, persons with
developmental disabilities, or persons with both. To comply
with the requirements of subsection (k) of this Section, the
Inspector General shall also review all reportable deaths for
which there is no allegation of abuse or neglect. Nothing in
this Section shall preempt any duties of the Medical Review
Board set forth in the Mental Health and Developmental
Disabilities Code. The Inspector General shall have no
authority to investigate alleged violations of the State
Officials and Employees Ethics Act. Allegations of misconduct
under the State Officials and Employees Ethics Act shall be

referred to the Office of the Governor's Executive Inspector
General for investigation.
(f) Limitations. The Inspector General shall not conduct
an investigation within an agency or facility if that
investigation would be redundant to or interfere with an
investigation conducted by another State agency. The Inspector
General shall have no supervision over, or involvement in, the
routine programmatic, licensing, funding, or certification
operations of the Department. Nothing in this subsection
limits investigations by the Department that may otherwise be
required by law or that may be necessary in the Department's
capacity as central administrative authority responsible for
the operation of the State's mental health and developmental
disabilities facilities.
(g) Rulemaking authority. The Inspector General shall
promulgate rules establishing minimum requirements for
reporting allegations as well as for initiating, conducting,
and completing investigations based upon the nature of the
allegation or allegations. The rules shall clearly establish
that if 2 or more State agencies could investigate an
allegation, the Inspector General shall not conduct an
investigation that would be redundant to, or interfere with,
an investigation conducted by another State agency. The rules
shall further clarify the method and circumstances under which
the Office of Inspector General may interact with the
licensing, funding, or certification units of the Department

in preventing further occurrences of mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, and financial
exploitation.
(h) Training programs. The Inspector General shall (i)
establish a comprehensive program to ensure that every person
authorized to conduct investigations receives ongoing training
relative to investigation techniques, communication skills,
and the appropriate means of interacting with persons
receiving treatment for mental illness, developmental
disability, or both mental illness and developmental
disability, and (ii) establish and conduct periodic training
programs for facility and agency employees concerning the
prevention and reporting of any one or more of the following:
mental abuse, physical abuse, sexual abuse, neglect, egregious
neglect, or financial exploitation. The Inspector General
shall further ensure (i) every person authorized to conduct
investigations at community agencies receives ongoing training
in Title 59, Parts 115, 116, and 119 of the Illinois
Administrative Code, and (ii) every person authorized to
conduct investigations shall receive ongoing training in Title
59, Part 50 of the Illinois Administrative Code. Nothing in
this Section shall be deemed to prevent the Office of
Inspector General from conducting any other training as
determined by the Inspector General to be necessary or
helpful.
(i) Duty to cooperate.

(1) The Inspector General shall at all times be
granted access to any facility or agency for the purpose
of investigating any allegation, conducting unannounced
site visits, monitoring compliance with a written
response, or completing any other statutorily assigned
duty. The Inspector General shall conduct unannounced site
visits to each facility at least annually for the purpose
of reviewing and making recommendations on systemic issues
relative to preventing, reporting, investigating, and
responding to all of the following: mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, or
financial exploitation.
(2) Any employee who fails to cooperate with an Office
of the Inspector General investigation is in violation of
this Act. Failure to cooperate with an investigation
includes, but is not limited to, any one or more of the
following: (i) creating and transmitting a false report to
the Office of the Inspector General hotline, (ii)
providing false information to an Office of the Inspector
General Investigator during an investigation, (iii)
colluding with other employees to cover up evidence, (iv)
colluding with other employees to provide false
information to an Office of the Inspector General
investigator, (v) destroying evidence, (vi) withholding
evidence, or (vii) otherwise obstructing an Office of the
Inspector General investigation. Additionally, any

employee who, during an unannounced site visit or written
response compliance check, fails to cooperate with
requests from the Office of the Inspector General is in
violation of this Act.
(j) Subpoena powers. The Inspector General shall have the
power to subpoena witnesses and compel the production of all
documents and physical evidence relating to his or her
investigations and any hearings authorized by this Act. This
subpoena power shall not extend to persons or documents of a
labor organization or its representatives insofar as the
persons are acting in a representative capacity to an employee
whose conduct is the subject of an investigation or the
documents relate to that representation. Any person who
otherwise fails to respond to a subpoena or who knowingly
provides false information to the Office of the Inspector
General by subpoena during an investigation is guilty of a
Class A misdemeanor.
(k) Reporting allegations and deaths.
(1) Allegations. If an employee witnesses, is told of,
or has reason to believe an incident of mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation has occurred, the employee, agency, or
facility shall report the allegation by phone to the
Office of the Inspector General hotline according to the
agency's or facility's procedures, but in no event later
than 4 hours after the initial discovery of the incident,

allegation, or suspicion of any one or more of the
following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation. A required reporter as
defined in subsection (b) of this Section who knowingly or
intentionally fails to comply with these reporting
requirements is guilty of a Class A misdemeanor.
(2) Deaths. Absent an allegation, a required reporter
shall, within 24 hours after initial discovery, report by
phone to the Office of the Inspector General hotline each
of the following:
(i) Any death of an individual occurring within 14
calendar days after discharge or transfer of the
individual from a residential program or facility.
(ii) Any death of an individual occurring within
24 hours after deflection from a residential program
or facility.
(iii) Any other death of an individual occurring
at an agency or facility or at any Department-funded
site.
(3) Retaliation. It is a violation of this Act for any
employee or administrator of an agency or facility to take
retaliatory action against an employee who acts in good
faith in conformance with his or her duties as a required
reporter.
(l) Reporting to law enforcement. (1) Reporting criminal
acts. Within 24 hours after determining that there is credible

evidence indicating that a criminal act may have been
committed or that special expertise may be required in an
investigation, the Inspector General shall notify the Illinois
State Police or other appropriate law enforcement authority,
or ensure that such notification is made. The Illinois State
Police shall investigate any report from a State-operated
facility indicating a possible murder, sexual assault, or
other felony by an employee. All investigations conducted by
the Inspector General shall be conducted in a manner designed
to ensure the preservation of evidence for possible use in a
criminal prosecution.
(2) Reporting allegations of adult students with
disabilities. Upon receipt of a reportable allegation
regarding an adult student with a disability, the
Department's Office of the Inspector General shall
determine whether the allegation meets the criteria for
the Domestic Abuse Program under the Abuse of Adults with
Disabilities Intervention Act. If the allegation is
reportable to that program, the Office of the Inspector
General shall initiate an investigation. If the allegation
is not reportable to the Domestic Abuse Program, the
Office of the Inspector General shall make an expeditious
referral to the respective law enforcement entity. If the
alleged victim is already receiving services from the
Department, the Office of the Inspector General shall also
make a referral to the respective Department of Human

Services' Division or Bureau.
(m) Investigative reports. Upon completion of an
investigation, the Office of Inspector General shall issue an
investigative report identifying whether the allegations are
substantiated, unsubstantiated, or unfounded. Within 10
business days after the transmittal of a completed
investigative report substantiating an allegation, finding an
allegation is unsubstantiated, or if a recommendation is made,
the Inspector General shall provide the investigative report
on the case to the Secretary and to the director of the
facility or agency where any one or more of the following
occurred: mental abuse, physical abuse, sexual abuse, neglect,
egregious neglect, or financial exploitation. The director of
the facility or agency shall be responsible for maintaining
the confidentiality of the investigative report consistent
with State and federal law. In a substantiated case, the
investigative report shall include any mitigating or
aggravating circumstances that were identified during the
investigation. If the case involves substantiated neglect, the
investigative report shall also state whether egregious
neglect was found. An investigative report may also set forth
recommendations. All investigative reports prepared by the
Office of the Inspector General shall be considered
confidential and shall not be released except as provided by
the law of this State or as required under applicable federal
law. Unsubstantiated and unfounded reports shall not be

disclosed except as allowed under Section 6 of the Abused and
Neglected Long Term Care Facility Residents Reporting Act. Raw
data used to compile the investigative report shall not be
subject to release unless required by law or a court order.
"Raw data used to compile the investigative report" includes,
but is not limited to, any one or more of the following: the
initial complaint, witness statements, photographs,
investigator's notes, police reports, or incident reports. If
the allegations are substantiated, the victim, the victim's
guardian, and the accused shall be provided with a redacted
copy of the investigative report. Death reports where there
was no allegation of abuse or neglect shall only be released
pursuant to applicable State or federal law or a valid court
order. Unredacted investigative reports, as well as raw data,
may be shared with a local law enforcement entity, a State's
Attorney's office, or a county coroner's office upon written
request.
(n) Written responses, clarification requests, and
reconsideration requests.
(1) Written responses. Within 30 calendar days from
receipt of a substantiated investigative report or an
investigative report which contains recommendations,
absent a reconsideration request, the facility or agency
shall file a written response that addresses, in a concise
and reasoned manner, the actions taken to: (i) protect the
individual; (ii) prevent recurrences; and (iii) eliminate

the problems identified. The response shall include the
implementation and completion dates of such actions. If
the written response is not filed within the allotted 30
calendar day period, the Secretary shall determine the
appropriate corrective action to be taken.
(2) Requests for clarification. The facility, agency,
victim or guardian, or the subject employee may request
that the Office of Inspector General clarify the finding
or findings for which clarification is sought.
(3) Requests for reconsideration. The facility,
agency, victim or guardian, or the subject employee may
request that the Office of the Inspector General
reconsider the finding or findings or the recommendations.
A request for reconsideration shall be subject to a
multi-layer review and shall include at least one reviewer
who did not participate in the investigation or approval
of the original investigative report. After the
multi-layer review process has been completed, the
Inspector General shall make the final determination on
the reconsideration request. The investigation shall be
reopened if the reconsideration determination finds that
additional information is needed to complete the
investigative record.
(o) Disclosure of the finding by the Inspector General.
The Inspector General shall disclose the finding of an
investigation to the following persons: (i) the Governor, (ii)

the Secretary, (iii) the director of the facility or agency,
(iv) the alleged victims and their guardians, (v) the
complainant, and (vi) the accused. This information shall
include whether the allegations were deemed substantiated,
unsubstantiated, or unfounded.
(p) Secretary review. Upon review of the Inspector
General's investigative report and any agency's or facility's
written response, the Secretary shall accept or reject the
written response and notify the Inspector General of that
determination. The Secretary may further direct that other
administrative action be taken, including, but not limited to,
any one or more of the following: (i) additional site visits,
(ii) training, (iii) provision of technical assistance
relative to administrative needs, licensure, or certification,
or (iv) the imposition of appropriate sanctions.
(q) Action by facility or agency. Within 30 days of the
date the Secretary approves the written response or directs
that further administrative action be taken, the facility or
agency shall provide an implementation report to the Inspector
General that provides the status of the action taken. The
facility or agency shall be allowed an additional 30 days to
send notice of completion of the action or to send an updated
implementation report. If the action has not been completed
within the additional 30-day period, the facility or agency
shall send updated implementation reports every 60 days until
completion. The Inspector General shall conduct a review of

any implementation plan that takes more than 120 days after
approval to complete, and shall monitor compliance through a
random review of approved written responses, which may
include, but are not limited to: (i) site visits, (ii)
telephone contact, and (iii) requests for additional
documentation evidencing compliance.
(r) Sanctions. Sanctions, if imposed by the Secretary
under Subdivision (p)(iv) of this Section, shall be designed
to prevent further acts of mental abuse, physical abuse,
sexual abuse, neglect, egregious neglect, or financial
exploitation or some combination of one or more of those acts
at a facility or agency, and may include any one or more of the
following:
(1) Appointment of on-site monitors.
(2) Transfer or relocation of an individual or
individuals.
(3) Closure of units.
(4) Termination of any one or more of the following:
(i) Department licensing, (ii) funding, or (iii)
certification.
The Inspector General may seek the assistance of the
Illinois Attorney General or the office of any State's
Attorney in implementing sanctions.
(s) Health Care Worker Registry.
(1) Reporting to the Registry. The Inspector General
shall report to the Department of Public Health's Health

Care Worker Registry, a public registry, the identity and
finding of each employee of a facility or agency against
whom there is a final investigative report containing a
substantiated allegation of physical or sexual abuse,
financial exploitation, or egregious neglect of an
individual.
(2) Notice to employee. Prior to reporting the name of
an employee, the employee shall be notified of the
Department's obligation to report and shall be granted an
opportunity to request an administrative hearing, the sole
purpose of which is to determine if the substantiated
finding warrants reporting to the Registry. Notice to the
employee shall contain a clear and concise statement of
the grounds on which the report to the Registry is based,
offer the employee an opportunity for a hearing, and
identify the process for requesting such a hearing. Notice
is sufficient if provided by certified mail to the
employee's last known address. If the employee fails to
request a hearing within 30 days from the date of the
notice, the Inspector General shall report the name of the
employee to the Registry. Nothing in this subdivision
(s)(2) shall diminish or impair the rights of a person who
is a member of a collective bargaining unit under the
Illinois Public Labor Relations Act or under any other
federal labor statute.
(3) Registry hearings. If the employee requests an

administrative hearing, the employee shall be granted an
opportunity to appear before an administrative law judge
to present reasons why the employee's name should not be
reported to the Registry. The Department shall bear the
burden of presenting evidence that establishes, by a
preponderance of the evidence, that the substantiated
finding warrants reporting to the Registry. After
considering all the evidence presented, the administrative
law judge shall make a recommendation to the Secretary as
to whether the substantiated finding warrants reporting
the name of the employee to the Registry. The Secretary
shall render the final decision. The Department and the
employee shall have the right to request that the
administrative law judge consider a stipulated disposition
of these proceedings.
(4) Testimony at Registry hearings. A person who makes
a report or who investigates a report under this Act shall
testify fully in any judicial proceeding resulting from
such a report, as to any evidence of abuse or neglect, or
the cause thereof. No evidence shall be excluded by reason
of any common law or statutory privilege relating to
communications between the alleged perpetrator of abuse or
neglect, or the individual alleged as the victim in the
report, and the person making or investigating the report.
Testimony at hearings is exempt from the confidentiality
requirements of subsection (f) of Section 10 of the Mental

Health and Developmental Disabilities Confidentiality Act.
(5) Employee's rights to collateral action. No
reporting to the Registry shall occur and no hearing shall
be set or proceed if an employee notifies the Inspector
General in writing, including any supporting
documentation, that he or she is formally contesting an
adverse employment action resulting from a substantiated
finding by complaint filed with the Illinois Civil Service
Commission, or which otherwise seeks to enforce the
employee's rights pursuant to any applicable collective
bargaining agreement. If an action taken by an employer
against an employee as a result of a finding of physical
abuse, sexual abuse, or egregious neglect is overturned
through an action filed with the Illinois Civil Service
Commission or under any applicable collective bargaining
agreement and if that employee's name has already been
sent to the Registry, the employee's name shall be removed
from the Registry.
(6) Removal from Registry. At any time after the
report to the Registry, but no more than once in any
12-month period, an employee may petition the Department
in writing to remove his or her name from the Registry.
Upon receiving notice of such request, the Inspector
General shall conduct an investigation into the petition.
Upon receipt of such request, an administrative hearing
will be set by the Department. At the hearing, the

employee shall bear the burden of presenting evidence that
establishes, by a preponderance of the evidence, that
removal of the name from the Registry is in the public
interest. The parties may jointly request that the
administrative law judge consider a stipulated disposition
of these proceedings.
(t) Review of Administrative Decisions. The Department
shall preserve a record of all proceedings at any formal
hearing conducted by the Department involving Health Care
Worker Registry hearings. Final administrative decisions of
the Department are subject to judicial review pursuant to
provisions of the Administrative Review Law.
(u) Quality Care Board. There is created, within the
Office of the Inspector General, a Quality Care Board to be
composed of 7 members appointed by the Governor with the
advice and consent of the Senate. One of the members shall be
designated as chairman by the Governor. Of the initial
appointments made by the Governor, 4 Board members shall each
be appointed for a term of 4 years and 3 members shall each be
appointed for a term of 2 years. Upon the expiration of each
member's term, a successor shall be appointed for a term of 4
years. In the case of a vacancy in the office of any member,
the Governor shall appoint a successor for the remainder of
the unexpired term.
Members appointed by the Governor shall be qualified by
professional knowledge or experience in the area of law,

investigatory techniques, or in the area of care of the
mentally ill or care of persons with developmental
disabilities. Two members appointed by the Governor shall be
persons with a disability or parents of persons with a
disability. Members shall serve without compensation, but
shall be reimbursed for expenses incurred in connection with
the performance of their duties as members.
The Board shall meet quarterly, and may hold other
meetings on the call of the chairman. Four members shall
constitute a quorum allowing the Board to conduct its
business. The Board may adopt rules and regulations it deems
necessary to govern its own procedures.
The Board shall monitor and oversee the operations,
policies, and procedures of the Inspector General to ensure
the prompt and thorough investigation of allegations of
neglect and abuse. In fulfilling these responsibilities, the
Board may do the following:
(1) Provide independent, expert consultation to the
Inspector General on policies and protocols for
investigations of alleged abuse, neglect, or both abuse
and neglect.
(2) Review existing regulations relating to the
operation of facilities.
(3) Advise the Inspector General as to the content of
training activities authorized under this Section.
(4) Recommend policies concerning methods for

improving the intergovernmental relationships between the
Office of the Inspector General and other State or federal
offices.
(v) Annual report. The Inspector General shall provide to
the General Assembly and the Governor, no later than January 1
of each year, a summary of reports and investigations made
under this Act for the prior fiscal year with respect to
individuals receiving mental health or developmental
disabilities services. The report shall detail the imposition
of sanctions, if any, and the final disposition of any
corrective or administrative action directed by the Secretary.
The summaries shall not contain any confidential or
identifying information of any individual, but shall include
objective data identifying any trends in the number of
reported allegations, the timeliness of the Office of the
Inspector General's investigations, and their disposition, for
each facility and Department-wide, for the most recent 3-year
time period. The report shall also identify, by facility, the
staff-to-patient ratios taking account of direct care staff
only. The report shall also include detailed recommended
administrative actions and matters for consideration by the
General Assembly.
(w) Program audit. The Auditor General shall conduct a
program audit of the Office of the Inspector General on an
as-needed basis, as determined by the Auditor General. The
audit shall specifically include the Inspector General's

compliance with the Act and effectiveness in investigating
reports of allegations occurring in any facility or agency.
The Auditor General shall conduct the program audit according
to the provisions of the Illinois State Auditing Act and shall
report its findings to the General Assembly no later than
January 1 following the audit period.
(x) Nothing in this Section shall be construed to mean
that an individual is a victim of abuse or neglect because of
health care services appropriately provided or not provided by
health care professionals.
(y) Nothing in this Section shall require a facility,
including its employees, agents, medical staff members, and
health care professionals, to provide a service to an
individual in contravention of that individual's stated or
implied objection to the provision of that service on the
ground that that service conflicts with the individual's
religious beliefs or practices, nor shall the failure to
provide a service to an individual be considered abuse under
this Section if the individual has objected to the provision
of that service based on his or her religious beliefs or
practices.
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
(20 ILCS 2712/Act rep.)
Section 5-15. The Broadband Access on Passenger Rail Law
is repealed.

(20 ILCS 3930/7.6 rep.)
Section 5-20. The Illinois Criminal Justice Information
Act is amended by repealing Section 7.6.
Section 5-25. The Illinois Future of Work Act is amended
by changing Section 20 as follows:
(20 ILCS 4103/20)
(Section scheduled to be repealed on January 1, 2024)
Sec. 20. Report; dissolution.
(a) The Illinois Future of Work Task Force shall issue a
report based upon its findings in the course of performing its
duties and responsibilities specified under Section 10. The
report shall be written by an independent authority with
subject matter expertise on the future of work.
(b) The Illinois Future of Work Task Force shall submit
its final report to the Governor and the General Assembly no
later than June May 1, 2022, and is dissolved upon the filing
of its report.
(Source: P.A. 102-407, eff. 8-19-21.)
(20 ILCS 5035/Act rep.)
Section 5-30. The Illinois Human Services Commission Act
is repealed.

(205 ILCS 405/3.2 rep.)
Section 5-35. The Currency Exchange Act is amended by
repealing Section 3.2.
Section 5-40. The Grain Code is amended by changing
Section 30-25 as follows:
(240 ILCS 40/30-25)
Sec. 30-25. Grain Insurance Reserve Fund. Upon payment in
full of all money that has been transferred to the Fund prior
to June 30, 2003 from the General Revenue Fund as provided for
under subsection (h) of Section 25-20, the State of Illinois
shall, subject to appropriation, remit $2,000,000 to the
Corporation to be held in a separate and discrete account to be
used to the extent the assets in the Fund are insufficient to
satisfy claimants as payment of their claims become due as set
forth in subsection (h) of Section 25-20. The remittance of
the $2,000,000 reserve shall be made to the Corporation within
60 days of payment in full of all money transferred to the Fund
as set forth above in this Section 30-25. All income received
by the Reserve Fund shall be deposited in the Fund within 35
days of the end of each calendar quarter.
(Source: P.A. 93-225, eff. 7-21-03.)
Section 5-45. The Community Services Act is amended by
changing Section 4 as follows:

(405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
Sec. 4. Financing for community services.
(a) The Department of Human Services is authorized to
provide financial reimbursement to eligible private service
providers, corporations, local government entities or
voluntary associations for the provision of services to
persons with mental illness, persons with a developmental
disability, and persons with substance use disorders who are
living in the community for the purpose of achieving the goals
of this Act.
The Department shall utilize the following funding
mechanisms for community services:
(1) Purchase of Care Contracts: services purchased on
a predetermined fee per unit of service basis from private
providers or governmental entities. Fee per service rates
are set by an established formula which covers some
portion of personnel, supplies, and other allowable costs,
and which makes some allowance for geographic variations
in costs as well as for additional program components.
(2) Grants: sums of money which the Department grants
to private providers or governmental entities pursuant to
the grant recipient's agreement to provide certain
services, as defined by departmental grant guidelines, to
an approximate number of service recipients. Grant levels
are set through consideration of personnel, supply and

other allowable costs, as well as other funds available to
the program.
(3) Other Funding Arrangements: funding mechanisms may
be established on a pilot basis in order to examine the
feasibility of alternative financing arrangements for the
provision of community services.
The Department shall establish and maintain an equitable
system of payment which allows providers to improve persons
with disabilities' capabilities for independence and reduces
their reliance on State-operated services.
For services classified as entitlement services under
federal law or guidelines, caps may not be placed on the total
amount of payment a provider may receive in a fiscal year and
the Department shall not require that a portion of the
payments due be made in a subsequent fiscal year based on a
yearly payment cap.
(b) (Blank). The Governor shall create a commission by
September 1, 2009, or as soon thereafter as possible, to
review funding methodologies, identify gaps in funding,
identify revenue, and prioritize use of that revenue for
community developmental disability services, mental health
services, alcohol and substance abuse services, rehabilitation
services, and early intervention services. The Office of the
Governor shall provide staff support for the commission.
(c) (Blank). The first meeting of the commission shall be
held within the first month after the creation and appointment

of the commission, and a final report summarizing the
commission's recommendations must be issued within 12 months
after the first meeting, and no later than September 1, 2010,
to the Governor and the General Assembly.
(d) (Blank). The commission shall have the following 13
voting members:
(A) one member of the House of Representatives,
appointed by the Speaker of the House of Representatives;
(B) one member of the House of Representatives,
appointed by the House Minority Leader;
(C) one member of the Senate, appointed by the
President of the Senate;
(D) one member of the Senate, appointed by the Senate
Minority Leader;
(E) one person with a developmental disability, or a
family member or guardian of such a person, appointed by
the Governor;
(F) one person with a mental illness, or a family
member or guardian of such a person, appointed by the
Governor;
(G) two persons from unions that represent employees
of community providers that serve people with
developmental disabilities, mental illness, and alcohol
and substance abuse disorders, appointed by the Governor;
and
(H) five persons from statewide associations that

represent community providers that provide residential,
day training, and other developmental disability services,
mental health services, alcohol and substance abuse
services, rehabilitation services, or early intervention
services, or any combination of those, appointed by the
Governor.
The commission shall also have the following ex-officio,
nonvoting members:
(I) the Director of the Governor's Office of
Management and Budget or his or her designee;
(J) the Chief Financial Officer of the Department of
Human Services or his or her designee;
(K) the Administrator of the Department of Healthcare
and Family Services Division of Finance or his or her
designee;
(L) the Director of the Department of Human Services
Division of Developmental Disabilities or his or her
designee;
(M) the Director of the Department of Human Services
Division of Mental Health or his or her designee; and
(N) the Director of the Department of Human Services
Division of Alcoholism and Substance Abuse or his or her
designee.
(e) The funding methodologies must reflect economic
factors inherent in providing services and supports, recognize
individual disability needs, and consider geographic

differences, transportation costs, required staffing ratios,
and mandates not currently funded.
(f) In accepting Department funds, providers shall
recognize their responsibility to be accountable to the
Department and the State for the delivery of services which
are consistent with the philosophies and goals of this Act and
the rules and regulations promulgated under it.
(Source: P.A. 100-759, eff. 1-1-19.)
ARTICLE 10. DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
Section 10-5. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois
is amended by changing Sections 605-300, 605-615, and 605-680
as follows:
(20 ILCS 605/605-300) (was 20 ILCS 605/46.2)
Sec. 605-300. Economic and business development plans;
Illinois Business Development Council. (a) Economic
development plans. The Department shall develop a strategic
economic development plan for the State by July 1, 2014. By no
later than July 1, 2015, and by July 1 annually thereafter, the
Department shall make modifications to the plan as
modifications are warranted by changes in economic conditions
or by other factors, including changes in policy. In addition
to the annual modification, the plan shall be reviewed and

redeveloped in full every 5 years. In the development of the
annual economic development plan, the Department shall consult
with representatives of the private sector, other State
agencies, academic institutions, local economic development
organizations, local governments, and not-for-profit
organizations. The annual economic development plan shall set
specific, measurable, attainable, relevant, and time-sensitive
goals and shall include a focus on areas of high unemployment
or poverty.
The term "economic development" shall be construed broadly
by the Department and may include, but is not limited to, job
creation, job retention, tax base enhancements, development of
human capital, workforce productivity, critical
infrastructure, regional competitiveness, social inclusion,
standard of living, environmental sustainability, energy
independence, quality of life, the effective use of financial
incentives, the utilization of public private partnerships
where appropriate, and other metrics determined by the
Department.
The plan shall be based on relevant economic data, focus
on economic development as prescribed by this Section, and
emphasize strategies to retain and create jobs.
The plan shall identify and develop specific strategies
for utilizing the assets of regions within the State defined
as counties and municipalities or other political subdivisions
in close geographical proximity that share common economic

traits such as commuting zones, labor market areas, or other
economically integrated characteristics.
If the plan includes strategies that have a fiscal impact
on the Department or any other agency, the plan shall include a
detailed description of the estimated fiscal impact of such
strategies.
Prior to publishing the plan in its final form, the
Department shall allow for a reasonable time for public input.
The Department shall transmit copies of the economic
development plan to the Governor and the General Assembly no
later than July 1, 2014, and by July 1 annually thereafter. The
plan and its corresponding modifications shall be published
and made available to the public in both paper and electronic
media, on the Department's website, and by any other method
that the Department deems appropriate.
The Department shall annually submit legislation to
implement the strategic economic development plan or
modifications to the strategic economic development plan to
the Governor, the President and Minority Leader of the Senate,
and the Speaker and the Minority Leader of the House of
Representatives. The legislation shall be in the form of one
or more substantive bills drafted by the Legislative Reference
Bureau.
(b) Business development plans; Illinois Business
Development Council.
(1) There is created the Illinois Business Development

Council, hereinafter referred to as the Council. The
Council shall consist of the Director, who shall serve as
co-chairperson, and 12 voting members who shall be
appointed by the Governor with the advice and consent of
the Senate.
(A) The voting members of the Council shall
include one representative from each of the following
businesses and groups: small business, coal,
healthcare, large manufacturing, small or specialized
manufacturing, agriculture, high technology or applied
science, local economic development entities, private
sector organized labor, a local or state business
association or chamber of commerce.
(B) There shall be 2 at-large voting members who
reside within areas of high unemployment within
counties or municipalities that have had an annual
average unemployment rate of at least 120% of the
State's annual average unemployment rate as reported
by the Department of Employment Security for the 5
years preceding the date of appointment.
(2) All appointments shall be made in a geographically
diverse manner.
(3) For the initial appointments to the Council, 6
voting members shall be appointed to serve a 2-year term
and 6 voting members shall be appointed to serve a 4-year
term. Thereafter, all appointments shall be for terms of 4

years. The initial term of voting members shall commence
on the first Wednesday in February 2014. Thereafter, the
terms of voting members shall commence on the first
Wednesday in February, except in the case of an
appointment to fill a vacancy. Vacancies occurring among
the members shall be filled in the same manner as the
original appointment for the remainder of the unexpired
term. For a vacancy occurring when the Senate is not in
session, the Governor may make a temporary appointment
until the next meeting of the Senate when a person shall be
nominated to fill the office, and, upon confirmation by
the Senate, he or she shall hold office during the
remainder of the term. A vacancy in membership does not
impair the ability of a quorum to exercise all rights and
perform all duties of the Council. A member is eligible
for reappointment.
(4) Members shall serve without compensation, but may
be reimbursed for necessary expenses incurred in the
performance of their duties from funds appropriated for
that purpose.
(5) In addition, the following shall serve as ex
officio, non-voting members of the Council in order to
provide specialized advice and support to the Council: the
Secretary of Transportation, or his or her designee; the
Director of Employment Security, or his or her designee;
the Executive Director of the Illinois Finance Authority,

or his or her designee; the Director of Agriculture, or
his or her designee; the Director of Revenue, or his or her
designee; the Director of Labor, or his or her designee;
and the Director of the Environmental Protection Agency,
or his or her designee. Ex officio members shall provide
staff and technical assistance to the Council when
appropriate.
(6) In addition to the Director, the voting members
shall elect a co-chairperson.
(7) The Council shall meet at least twice annually and
at such other times as the co-chairpersons or any 5 voting
members consider necessary. Seven voting members shall
constitute a quorum of the Council.
(8) The Department shall provide staff assistance to
the Council.
(9) The Council shall provide the Department relevant
information in a timely manner pursuant to its duties as
enumerated in this Section that can be used by the
Department to enhance the State's strategic economic
development plan.
(10) The Council shall:
(A) Develop an overall strategic business
development plan for the State of Illinois and update
the plan at least annually; that plan shall include,
without limitation, (i) an assessment of the economic
development practices of states that border Illinois

and (ii) recommendations for best practices with
respect to economic development, business incentives,
business attraction, and business retention for
counties in Illinois that border at least one other
state.
(B) Develop business marketing plans for the State
of Illinois to effectively solicit new company
investment and existing business expansion. Insofar as
allowed under the Illinois Procurement Code, and
subject to appropriations made by the General Assembly
for such purposes, the Council may assist the
Department in the procurement of outside vendors to
carry out such marketing plans.
(C) Seek input from local economic development
officials to develop specific strategies to
effectively link State and local business development
and marketing efforts focusing on areas of high
unemployment or poverty.
(D) Provide the Department with advice on
strategic business development and business marketing
for the State of Illinois.
(E) Provide the Department research and recommend
best practices for developing investment tools for
business attraction and retention.
(Source: P.A. 98-397, eff. 8-16-13; 98-756, eff. 7-16-14;
98-888, eff. 8-15-14.)

(20 ILCS 605/605-615) (was 20 ILCS 605/46.19e)
Sec. 605-615. Assistance with exports. The Department
shall have the following duties and responsibilities in regard
to the Civil Administrative Code of Illinois:
(1) To establish or cosponsor mentoring conferences,
utilizing experienced manufacturing exporters, to explain and
provide information to prospective export manufacturers and
businesses concerning the process of exporting to both
domestic and international opportunities.
(2) To provide technical assistance to prospective export
manufacturers and businesses seeking to establish domestic and
international export opportunities.
(3) To coordinate with the Department's Small Business
Development Centers to link buyers with prospective export
manufacturers and businesses.
(4) To promote, both domestically and abroad, products
made in Illinois in order to inform consumers and buyers of
their high quality standards and craftsmanship.
(5) To provide technical assistance toward establishment
of export trade corporations in the private sector.
(6) To develop an electronic database data base to compile
information on international trade and investment activities
in Illinois companies, provide access to research and business
opportunities through external data bases, and connect this
data base through international communication systems with

appropriate domestic and worldwide networks users.
(7) To collect and distribute to foreign commercial
libraries directories, catalogs, brochures, and other
information of value to foreign businesses considering doing
business in this State.
(8) To establish an export finance awareness program to
provide information to banking organizations about methods
used by banks to provide financing for businesses engaged in
exporting and about other State and federal programs to
promote and expedite export financing.
(9) To undertake a survey of Illinois' businesses to
identify exportable products and the businesses interested in
exporting.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
92-16, eff. 6-28-01.)
(20 ILCS 605/605-680)
Sec. 605-680. Illinois goods and services website.
(a) The Department, in consultation with the Department of
Innovation and Technology, must establish and maintain an
Internet website devoted to the marketing of Illinois goods
and services by linking potential purchasers with producers of
goods and services who are located in the State.
(b) The Department must, subject to appropriation,
advertise the website to encourage inclusion of producers on
the website and to encourage the use of the website by

potential purchasers.
(Source: P.A. 100-611, eff. 7-20-18.)
(20 ILCS 605/605-1040 rep.)
Section 10-10. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois
is amended by repealing Section 605-1040.
Section 10-15. The Illinois Main Street Act is amended by
changing Sections 15, 20, 25, and 30 as follows:
(20 ILCS 720/15)
Sec. 15. Illinois Main Street Program. The Illinois Main
Street Program is created, subject to appropriation, within
the Department. In order to implement the Illinois Main Street
Program, the Department may shall do all of the following:
(1) Provide assistance to municipalities designated as
Main Street Communities, municipalities interested in
becoming designated through the program, and businesses,
property owners, organizations, and municipalities
undertaking a comprehensive downtown or neighborhood
commercial district revitalization initiative and
management strategy. Assistance may include, but is not
limited to, initial site evaluations and assessments,
training for local programs, training for local program
staff, site visits and assessments by technical

specialists, local program design assistance and
evaluation, and continued local program on-site
assistance.
(2) To the extent funds are made available, provide
financial assistance to municipalities or local
organizations to assist in initial downtown or
neighborhood commercial district revitalization program
specialized training, specific project feasibility
studies, market studies, and design assistance.
(3) Operate the Illinois Main Street Program in
accordance with the plan developed by the Department.
(4) Consider other factors the Department deems
necessary for the implementation of this Act.
(Source: P.A. 97-573, eff. 8-25-11.)
(20 ILCS 720/20)
Sec. 20. Main Street Community designation.
(a) The Department may shall adopt criteria for the
designation of a Main Street Community. In establishing the
criteria, the Department shall consider all of the following:
(1) The degree of interest and commitment to
comprehensive downtown or neighborhood commercial district
revitalization and, where applicable, historic
preservation by both the public and private sectors.
(2) The evidence of potential private sector
investment in the downtown or neighborhood commercial

district.
(3) Where applicable, a downtown or neighborhood
commercial district with sufficient historic fabric to
become a foundation for an enhanced community image.
(4) The capacity of the organization to undertake a
comprehensive program and the financial commitment to
implement a long-term downtown or neighborhood commercial
district revitalization program that includes a commitment
to employ a professional program manager.
(5) The National Main Street Center's criteria for
designating official main street municipalities.
(6) Other factors the Department deems necessary for
the designation of a local program.
(b) Illinois Main Street shall designate local downtown or
neighborhood commercial district revitalization programs and
official local main street programs.
(c) The Department must approve all local downtown or
neighborhood commercial district revitalization program
boundaries. The boundaries of a local downtown or neighborhood
commercial district revitalization program are typically
defined using the pedestrian core of a traditional commercial
district.
(Source: P.A. 97-573, eff. 8-25-11.)
(20 ILCS 720/25)
Sec. 25. Illinois Main Street Plan. The Department may

shall, in consultation with the Lieutenant Governor, develop a
plan for the Illinois Main Street Program. The plan shall
describe:
(1) the objectives and strategies of the Illinois Main
Street Program;
(2) how the Illinois Main Street Program will be
coordinated with existing federal, state, local, and
private sector business development and historic
preservation efforts;
(3) the means by which private investment will be
solicited and employed;
(4) the methods of selecting and providing assistance
to participating local programs; and
(5) a means to solicit private contributions for State
and local operations of the Illinois Main Street Program.
(Source: P.A. 97-573, eff. 8-25-11.)
(20 ILCS 720/30)
Sec. 30. Role of the Lieutenant Governor. The Lieutenant
Governor shall, subject to appropriation, be the Ambassador of
the Illinois Main Street Program. The Department shall,
subject to appropriation, advise and consult with the
Lieutenant Governor on the activities of the Illinois Main
Street Program. The Lieutenant Governor, with the assistance
of the Department, shall, subject to appropriation, promote
and encourage the success of the Illinois Main Street Program.

(Source: P.A. 97-573, eff. 8-25-11.)
Section 10-20. The Outdoor Recreation Resources Act is
amended by changing Sections 2 and 2a as follows:
(20 ILCS 860/2) (from Ch. 105, par. 532)
Sec. 2. The Department of Natural Resources is authorized
to have prepared, with the Department of Commerce and Economic
Opportunity, and to maintain and keep up to date up-to-date a
comprehensive plan for the development of the outdoor
recreation resources of the State.
(Source: P.A. 94-793, eff. 5-19-06.)
(20 ILCS 860/2a) (from Ch. 105, par. 532a)
Sec. 2a. The Department of Natural Resources is authorized
to have prepared with the Department of Commerce and Economic
Opportunity and to maintain and keep up to date a
comprehensive plan for the preservation of the historically
significant properties and interests of the State.
(Source: P.A. 100-695, eff. 8-3-18; 101-81, eff. 7-12-19.)
(20 ILCS 3953/15 rep.)
(20 ILCS 3953/20 rep.)
Section 10-25. The Government Buildings Energy Cost
Reduction Act of 1991 is amended by repealing Sections 15 and
20.

Section 10-30. The Eliminate the Digital Divide Law is
amended by changing Section 5-30 as follows:
(30 ILCS 780/5-30)
Sec. 5-30. Community Technology Center Grant Program.
(a) Subject to appropriation, the Department shall
administer the Community Technology Center Grant Program under
which the Department shall make grants in accordance with this
Article for planning, establishment, administration, and
expansion of Community Technology Centers and for assisting
public hospitals, libraries, and park districts in eliminating
the digital divide. The purposes of the grants shall include,
but not be limited to, volunteer recruitment and management,
training and instruction, infrastructure, and related goods
and services, including case management, administration,
personal information management, and outcome-tracking tools
and software for the purposes of reporting to the Department
and for enabling participation in digital government and
consumer services programs, for Community Technology Centers
and public hospitals, libraries, and park districts. No
Community Technology Center may receive a grant of more than
$75,000 under this Section in a particular fiscal year.
(b) Public hospitals, libraries, park districts, and State
educational agencies, local educational agencies, institutions
of higher education, senior citizen homes, and other public

and private nonprofit or for-profit agencies and organizations
are eligible to receive grants under this Program, provided
that a local educational agency or public or private
educational agency or organization must, in order to be
eligible to receive grants under this Program, provide
computer access and educational services using information
technology to the public at one or more of its educational
buildings or facilities at least 12 hours each week. A group of
eligible entities is also eligible to receive a grant if the
group follows the procedures for group applications in 34 CFR
75.127-129 of the Education Department General Administrative
Regulations.
To be eligible to apply for a grant, a Community
Technology Center must serve a community in which not less
than 40% of the students are eligible for a free or reduced
price lunch under the national school lunch program or in
which not less than 30% of the students are eligible for a free
lunch under the national school lunch program; however, if
funding is insufficient to approve all grant applications for
a particular fiscal year, the Department may impose a higher
minimum percentage threshold for that fiscal year.
Determinations of communities and determinations of the
percentage of students in a community who are eligible for a
free or reduced price lunch under the national school lunch
program shall be in accordance with rules adopted by the
Department.

Any entities that have received a Community Technology
Center grant under the federal Community Technology Centers
Program are also eligible to apply for grants under this
Program.
The Department shall provide assistance to Community
Technology Centers in making those determinations for purposes
of applying for grants.
The Department shall encourage Community Technology
Centers to participate in public and private computer hardware
equipment recycling initiatives that provide computers at
reduced or no cost to low-income families, including programs
authorized by the State Property Control Act. On an annual
basis, the Department must provide the Director of Central
Management Services with a list of Community Technology
Centers that have applied to the Department for funding as
potential recipients of surplus State-owned computer hardware
equipment under programs authorized by the State Property
Control Act.
(c) Grant applications shall be submitted to the
Department on a schedule of one or more deadlines established
by the Department by rule.
(d) The Department shall adopt rules setting forth the
required form and contents of grant applications.
(e) (Blank). There is created the Digital Divide
Elimination Advisory Committee. The advisory committee shall
consist of 7 members appointed one each by the Governor, the

President of the Senate, the Senate Minority Leader, the
Speaker of the House, and the House Minority Leader, and 2
appointed by the Director of Commerce and Economic
Opportunity, one of whom shall be a representative of the
telecommunications industry and one of whom shall represent
community technology centers. The members of the advisory
committee shall receive no compensation for their services as
members of the advisory committee but may be reimbursed for
their actual expenses incurred in serving on the advisory
committee. The Digital Divide Elimination Advisory Committee
shall advise the Department in establishing criteria and
priorities for identifying recipients of grants under this
Act. The advisory committee shall obtain advice from the
technology industry regarding current technological standards.
The advisory committee shall seek any available federal
funding.
(f) (Blank). There is created the Digital Divide
Elimination Working Group. The Working Group shall consist of
the Director of Commerce and Economic Opportunity, or his or
her designee, the Director of Central Management Services, or
his or her designee, and the Executive Director of the
Illinois Commerce Commission, or his or her designee. The
Director of Commerce and Economic Opportunity, or his or her
designee, shall serve as chair of the Working Group. The
Working Group shall consult with the members of the Digital
Divide Elimination Advisory Committee and may consult with

various groups including, but not limited to,
telecommunications providers, telecommunications-related
technology producers and service providers, community
technology providers, community and consumer organizations,
businesses and business organizations, and federal government
agencies.
(g) Duties of the Digital Divide Elimination Working Group
include all of the following:
(1) Undertaking a thorough review of grant programs
available through the federal government, local agencies,
telecommunications providers, and business and charitable
entities for the purpose of identifying appropriate
sources of revenues for the Digital Divide Elimination
Fund and attempting to update available grants on a
regular basis.
(2) Researching and cataloging programs designed to
advance digital literacy and computer access that are
available through the federal government, local agencies,
telecommunications providers, and business and charitable
entities and attempting to update available programs on a
regular basis.
(3) Presenting the information compiled from items (1)
and (2) to the Department of Commerce and Economic
Opportunity, which shall serve as a single point of
contact for applying for funding for the Digital Divide
Elimination Fund and for distributing information to the

public regarding all programs designed to advance digital
literacy and computer access.
(Source: P.A. 94-734, eff. 4-28-06; 95-740, eff. 1-1-09.)
Section 10-35. The Illinois Groundwater Protection Act is
amended by changing Section 4 as follows:
(415 ILCS 55/4) (from Ch. 111 1/2, par. 7454)
Sec. 4. Interagency Coordinating Committee on Groundwater.
(a) There shall be established within State government an
interagency committee which shall be known as the Interagency
Coordinating Committee on Groundwater. The Committee shall be
composed of the Director, or his designee, of the following
agencies:
(1) The Illinois Environmental Protection Agency, who
shall chair the Committee.
(2) The Illinois Department of Natural Resources.
(3) The Illinois Department of Public Health.
(4) The Office of Mines and Minerals within the
Department of Natural Resources.
(5) The Office of the State Fire Marshal.
(6) The Division of Water Resources of the Department
of Natural Resources.
(7) The Illinois Department of Agriculture.
(8) The Illinois Emergency Management Agency.
(9) The Illinois Department of Nuclear Safety.

(10) The Illinois Department of Commerce and Economic
Opportunity.
(b) The Committee shall meet not less than twice each
calendar year and shall:
(1) Review and coordinate the State's policy on
groundwater protection.
(2) Review and evaluate State laws, regulations and
procedures that relate to groundwater protection.
(3) Review and evaluate the status of the State's
efforts to improve the quality of the groundwater and of
the State enforcement efforts for protection of the
groundwater and make recommendations on improving the
State efforts to protect the groundwater.
(4) Recommend procedures for better coordination among
State groundwater programs and with local programs related
to groundwater protection.
(5) Review and recommend procedures to coordinate the
State's response to specific incidents of groundwater
pollution and coordinate dissemination of information
between agencies responsible for the State's response.
(6) Make recommendations for and prioritize the
State's groundwater research needs.
(7) Review, coordinate and evaluate groundwater data
collection and analysis.
(8) Beginning on January 1, 1990, report biennially to
the Governor and the General Assembly on groundwater

quality, quantity, and the State's enforcement efforts.
(c) The Chairman of the Committee shall propose a
groundwater protection regulatory agenda for consideration by
the Committee and the Council. The principal purpose of the
agenda shall be to systematically consider the groundwater
protection aspects of relevant federal and State regulatory
programs and to identify any areas where improvements may be
warranted. To the extent feasible, the agenda may also serve
to facilitate a more uniform and coordinated approach toward
protection of groundwaters in Illinois. Upon adoption of the
final agenda by the Committee, the Chairman of the Committee
shall assign a lead agency and any support agencies to prepare
a regulatory assessment report for each item on the agenda.
Each regulatory assessment report shall specify the nature of
the groundwater protection provisions being implemented and
shall evaluate the results achieved therefrom. Special
attention shall be given to any preventive measures being
utilized for protection of groundwaters. The reports shall be
completed in a timely manner. After review and consideration
by the Committee, the reports shall become the basis for
recommending further legislative or regulatory action.
(d) No later than January 1, 1992, the Interagency
Coordinating Committee on Groundwater shall provide a
comprehensive status report to the Governor and the General
Assembly concerning implementation of this Act.
(e) The Committee shall consider findings and

recommendations that are provided by the Council, and respond
in writing regarding such matters. The Chairman of the
Committee shall designate a liaison person to serve as a
facilitator of communications with the Council.
(Source: P.A. 94-793, eff. 5-19-06.)
ARTICLE 15. SCHOOL CODE
Section 15-5. The School Code is amended by changing
Sections 1B-8, 1F-25, 1F-90, 2-3.146, 10-21.9, and 34-18.5 as
follows:
(105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
Sec. 1B-8. There is created in the State Treasury a
special fund to be known as the School District Emergency
Financial Assistance Fund (the "Fund"). The School District
Emergency Financial Assistance Fund shall consist of
appropriations, loan repayments, grants from the federal
government, and donations from any public or private source.
Moneys in the Fund may be appropriated only to the Illinois
Finance Authority and the State Board for those purposes
authorized under this Article and Articles 1F and 1H of this
Code. The appropriation may be allocated and expended by the
State Board for contractual services to provide technical
assistance or consultation to school districts to assess their
financial condition and to Financial Oversight Panels that

petition for emergency financial assistance grants. The
Illinois Finance Authority may provide loans to school
districts which are the subject of an approved petition for
emergency financial assistance under Section 1B-4, 1F-62, or
1H-65 of this Code. Neither the State Board of Education nor
the Illinois Finance Authority may collect any fees for
providing these services.
From the amount allocated to each such school district
under this Article the State Board shall identify a sum
sufficient to cover all approved costs of the Financial
Oversight Panel established for the respective school
district. If the State Board and State Superintendent of
Education have not approved emergency financial assistance in
conjunction with the appointment of a Financial Oversight
Panel, the Panel's approved costs shall be paid from
deductions from the district's general State aid or
evidence-based funding.
The Financial Oversight Panel may prepare and file with
the State Superintendent a proposal for emergency financial
assistance for the school district and for its operations
budget. No expenditures from the Fund shall be authorized by
the State Superintendent until he or she has approved the
request of the Panel, either as submitted or in such lesser
amount determined by the State Superintendent.
The maximum amount of an emergency financial assistance
loan which may be allocated to any school district under this

Article, including moneys necessary for the operations of the
Panel, shall not exceed $4,000 times the number of pupils
enrolled in the school district during the school year ending
June 30 prior to the date of approval by the State Board of the
petition for emergency financial assistance, as certified to
the local board and the Panel by the State Superintendent. An
emergency financial assistance grant shall not exceed $1,000
times the number of such pupils. A district may receive both a
loan and a grant.
The payment of an emergency State financial assistance
grant or loan shall be subject to appropriation by the General
Assembly. Payment of the emergency State financial assistance
loan is subject to the applicable provisions of the Illinois
Finance Authority Act. Emergency State financial assistance
allocated and paid to a school district under this Article may
be applied to any fund or funds from which the local board of
education of that district is authorized to make expenditures
by law.
Any emergency financial assistance grant proposed by the
Financial Oversight Panel and approved by the State
Superintendent may be paid in its entirety during the initial
year of the Panel's existence or spread in equal or declining
amounts over a period of years not to exceed the period of the
Panel's existence. An emergency financial assistance loan
proposed by the Financial Oversight Panel and approved by the
Illinois Finance Authority may be paid in its entirety during

the initial year of the Panel's existence or spread in equal or
declining amounts over a period of years not to exceed the
period of the Panel's existence. All loans made by the
Illinois Finance Authority for a school district shall be
required to be repaid, with simple interest over the term of
the loan at a rate equal to 50% of the one-year Constant
Maturity Treasury (CMT) yield as last published by the Board
of Governors of the Federal Reserve System before the date on
which the district's loan is approved by the Illinois Finance
Authority, not later than the date the Financial Oversight
Panel ceases to exist. The Panel shall establish and the
Illinois Finance Authority shall approve the terms and
conditions, including the schedule, of repayments. The
schedule shall provide for repayments commencing July 1 of
each year or upon each fiscal year's receipt of moneys from a
tax levy for emergency financial assistance. Repayment shall
be incorporated into the annual budget of the school district
and may be made from any fund or funds of the district in which
there are moneys available. An emergency financial assistance
loan to the Panel or district shall not be considered part of
the calculation of a district's debt for purposes of the
limitation specified in Section 19-1 of this Code. Default on
repayment is subject to the Illinois Grant Funds Recovery Act.
When moneys are repaid as provided herein they shall not be
made available to the local board for further use as emergency
financial assistance under this Article at any time

thereafter. All repayments required to be made by a school
district shall be received by the State Board and deposited in
the School District Emergency Financial Assistance Fund.
In establishing the terms and conditions for the repayment
obligation of the school district the Panel shall annually
determine whether a separate local property tax levy is
required. The board of any school district with a tax rate for
educational purposes for the prior year of less than 120% of
the maximum rate for educational purposes authorized by
Section 17-2 shall provide for a separate tax levy for
emergency financial assistance repayment purposes. Such tax
levy shall not be subject to referendum approval. The amount
of the levy shall be equal to the amount necessary to meet the
annual repayment obligations of the district as established by
the Panel, or 20% of the amount levied for educational
purposes for the prior year, whichever is less. However, no
district shall be required to levy the tax if the district's
operating tax rate as determined under Section 18-8, 18-8.05,
or 18-8.15 exceeds 200% of the district's tax rate for
educational purposes for the prior year.
(Source: P.A. 100-465, eff. 8-31-17.)
(105 ILCS 5/1F-25)
(This Section scheduled to be repealed in accordance with 105
ILCS 5/1F-165)
Sec. 1F-25. General powers. The purposes of the Authority

shall be to exercise financial control over the district and
to furnish financial assistance so that the district can
provide public education within the district's jurisdiction
while permitting the district to meet its obligations to its
creditors and the holders of its debt. Except as expressly
limited by this Article, the Authority shall have all powers
granted to a voluntary or involuntary Financial Oversight
Panel and to a Financial Administrator under Article 1B of
this Code and all other powers necessary to meet its
responsibilities and to carry out its purposes and the
purposes of this Article, including without limitation all of
the following powers, provided that the Authority shall have
no power to terminate any employee without following the
statutory procedures for such terminations set forth in this
Code:
(1) To sue and to be sued.
(2) To make, cancel, modify, and execute contracts,
leases, subleases, and all other instruments or agreements
necessary or convenient for the exercise of the powers and
functions granted by this Article, subject to Section
1F-45 of this Code. The Authority may at a regular or
special meeting find that the district has insufficient or
inadequate funds with respect to any contract, other than
collective bargaining agreements.
(3) To purchase real or personal property necessary or
convenient for its purposes; to execute and deliver deeds

for real property held in its own name; and to sell, lease,
or otherwise dispose of such of its property as, in the
judgment of the Authority, is no longer necessary for its
purposes.
(4) To appoint officers, agents, and employees of the
Authority, including a chief executive officer, a chief
fiscal officer, and a chief educational officer; to define
their duties and qualifications; and to fix their
compensation and employee benefits.
(5) To transfer to the district such sums of money as
are not required for other purposes.
(6) To borrow money, including without limitation
accepting State loans, and to issue obligations pursuant
to this Article; to fund, refund, or advance refund the
same; to provide for the rights of the holders of its
obligations; and to repay any advances.
(6.5) To levy all property tax levies that otherwise
could be levied by the district, and to make levies
pursuant to Section 1F-62 of this Code. This levy or
levies shall be exempt from the Truth in Taxation Law and
the Cook County Truth in Taxation Law.
(7) Subject to the provisions of any contract with or
for the benefit of the holders of its obligations, to
purchase or redeem its obligations.
(8) To procure all necessary goods and services for
the Authority in compliance with the purchasing laws and

requirements applicable to the district.
(9) To do any and all things necessary or convenient
to carry out its purposes and exercise the powers given to
it by this Article.
(10) To recommend annexation, consolidation,
dissolution, or reorganization of the district, in whole
or in part, to the State Board if in the Authority's
judgment the circumstances so require. No such proposal
for annexation, consolidation, dissolution, or
reorganization shall occur unless the Authority and the
school boards of all other districts directly affected by
the annexation, consolidation, dissolution, or
reorganization have each approved by majority vote the
annexation, consolidation, dissolution, or
reorganization. Notwithstanding any other law to the
contrary, upon approval of the proposal by the State
Board, the State Board and all other affected entities
shall forthwith implement the proposal. When a dissolution
and annexation becomes effective for purposes of
administration and attendance, the positions of teachers
in contractual continued service in the district being
dissolved shall be transferred to the annexing district or
districts, pursuant to the provisions of Section 24-12 of
this Code. In the event that the territory is added to 2 or
more districts, the decision on which positions shall be
transferred to which annexing districts shall be made by

giving consideration to the proportionate percentage of
pupils transferred and the annexing districts' staffing
needs, and the transfer of teachers in contractual
continued service into positions shall be based upon the
request of those teachers in contractual continued service
in order of seniority in the dissolving district. The
status of all teachers in contractual continued service
transferred to an annexing district shall not be lost, and
the board of the annexing district is subject to this Code
with respect to teachers in contractual continued service
who are transferred in the same manner as if the person
were the annexing district's employee and had been its
employee during the time the person was actually employed
by the board of the dissolving district from which the
position was transferred.
(Source: P.A. 92-855, eff. 12-6-02.)
(105 ILCS 5/1F-90)
(This Section scheduled to be repealed in accordance with 105
ILCS 5/1F-165)
Sec. 1F-90. Tax anticipation warrants. An Authority shall
have the same power to issue tax anticipation warrants as a
school board under Section 17-16 of this Code. Tax
anticipation warrants are considered borrowing from sources
other than the State and are subject to Section 1F-62 of this
Code.

(Source: P.A. 92-855, eff. 12-6-02.)
(105 ILCS 5/2-3.146)
Sec. 2-3.146. Severely overcrowded schools grant program.
There is created a grant program, subject to appropriation,
for severely overcrowded schools. The State Board of Education
shall administer the program. Grant funds may be used for
purposes of relieving overcrowding. In order for a school
district to be eligible for a grant under this Section, (i) the
main administrative office of the district must be located in
a city of 85,000 or more in population, according to the 2000
U.S. Census, and (ii) the school district must have a
district-wide percentage of low-income students of 70% or
more, as identified by the 2005-2006 School Report Cards
published by the State Board of Education, and (iii) the
school district must not be eligible for a fast growth grant
under Section 18-8.10 of this Code. The State Board of
Education shall distribute the funds on a proportional basis
with no single district receiving more than 75% of the funds in
any given year. The State Board of Education may adopt rules as
needed for the implementation and distribution of grants under
this Section.
(Source: P.A. 95-707, eff. 1-11-08.)
(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
Sec. 10-21.9. Criminal history records checks and checks

of the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database.
(a) Licensed and nonlicensed applicants for employment
with a school district, except school bus driver applicants,
are required as a condition of employment to authorize a
fingerprint-based criminal history records check to determine
if such applicants have been convicted of any disqualifying,
enumerated criminal or drug offenses in subsection (c) of this
Section or have been convicted, within 7 years of the
application for employment with the school district, of any
other felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws of
this State. Authorization for the check shall be furnished by
the applicant to the school district, except that if the
applicant is a substitute teacher seeking employment in more
than one school district, a teacher seeking concurrent
part-time employment positions with more than one school
district (as a reading specialist, special education teacher
or otherwise), or an educational support personnel employee
seeking employment positions with more than one district, any
such district may require the applicant to furnish
authorization for the check to the regional superintendent of
the educational service region in which are located the school
districts in which the applicant is seeking employment as a

substitute or concurrent part-time teacher or concurrent
educational support personnel employee. Upon receipt of this
authorization, the school district or the appropriate regional
superintendent, as the case may be, shall submit the
applicant's name, sex, race, date of birth, social security
number, fingerprint images, and other identifiers, as
prescribed by the Illinois State Police, to the Illinois State
Police. The regional superintendent submitting the requisite
information to the Illinois State Police shall promptly notify
the school districts in which the applicant is seeking
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee that the
check of the applicant has been requested. The Illinois State
Police and the Federal Bureau of Investigation shall furnish,
pursuant to a fingerprint-based criminal history records
check, records of convictions, forever and hereinafter, until
expunged, to the president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. The Illinois State
Police shall charge the school district or the appropriate
regional superintendent a fee for conducting such check, which
fee shall be deposited in the State Police Services Fund and
shall not exceed the cost of the inquiry; and the applicant
shall not be charged a fee for such check by the school
district or by the regional superintendent, except that those
applicants seeking employment as a substitute teacher with a

school district may be charged a fee not to exceed the cost of
the inquiry. Subject to appropriations for these purposes, the
State Superintendent of Education shall reimburse school
districts and regional superintendents for fees paid to obtain
criminal history records checks under this Section.
(a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender
Database, as authorized by the Sex Offender Community
Notification Law, for each applicant. The check of the
Statewide Sex Offender Database must be conducted by the
school district or regional superintendent once for every 5
years that an applicant remains employed by the school
district.
(a-6) The school district or regional superintendent shall
further perform a check of the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Community Notification Law,
for each applicant. The check of the Murderer and Violent
Offender Against Youth Database must be conducted by the
school district or regional superintendent once for every 5
years that an applicant remains employed by the school
district.
(b) Any information concerning the record of convictions
obtained by the president of the school board or the regional
superintendent shall be confidential and may only be
transmitted to the superintendent of the school district or

his designee, the appropriate regional superintendent if the
check was requested by the school district, the presidents of
the appropriate school boards if the check was requested from
the Illinois State Police by the regional superintendent, the
State Board of Education and a school district as authorized
under subsection (b-5), the State Superintendent of Education,
the State Educator Preparation and Licensure Board, any other
person necessary to the decision of hiring the applicant for
employment, or for clarification purposes the Illinois State
Police or Statewide Sex Offender Database, or both. A copy of
the record of convictions obtained from the Illinois State
Police shall be provided to the applicant for employment. Upon
the check of the Statewide Sex Offender Database or Statewide
Murderer and Violent Offender Against Youth Database, the
school district or regional superintendent shall notify an
applicant as to whether or not the applicant has been
identified in the Database. If a check of an applicant for
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee in more than
one school district was requested by the regional
superintendent, and the Illinois State Police upon a check
ascertains that the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) of
this Section or has not been convicted, within 7 years of the
application for employment with the school district, of any
other felony under the laws of this State or of any offense

committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws of
this State and so notifies the regional superintendent and if
the regional superintendent upon a check ascertains that the
applicant has not been identified in the Sex Offender Database
or Statewide Murderer and Violent Offender Against Youth
Database, then the regional superintendent shall issue to the
applicant a certificate evidencing that as of the date
specified by the Illinois State Police the applicant has not
been convicted of any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has not been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and
evidencing that as of the date that the regional
superintendent conducted a check of the Statewide Sex Offender
Database or Statewide Murderer and Violent Offender Against
Youth Database, the applicant has not been identified in the
Database. The school board of any school district may rely on
the certificate issued by any regional superintendent to that
substitute teacher, concurrent part-time teacher, or
concurrent educational support personnel employee or may

initiate its own criminal history records check of the
applicant through the Illinois State Police and its own check
of the Statewide Sex Offender Database or Statewide Murderer
and Violent Offender Against Youth Database as provided in
this Section. Any unauthorized release of confidential
information may be a violation of Section 7 of the Criminal
Identification Act.
(b-5) If a criminal history records check or check of the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database is performed by a
regional superintendent for an applicant seeking employment as
a substitute teacher with a school district, the regional
superintendent may disclose to the State Board of Education
whether the applicant has been issued a certificate under
subsection (b) based on those checks. If the State Board
receives information on an applicant under this subsection,
then it must indicate in the Educator Licensure Information
System for a 90-day period that the applicant has been issued
or has not been issued a certificate.
(c) No school board shall knowingly employ a person who
has been convicted of any offense that would subject him or her
to license suspension or revocation pursuant to Section 21B-80
of this Code, except as provided under subsection (b) of
Section 21B-80. Further, no school board shall knowingly
employ a person who has been found to be the perpetrator of
sexual or physical abuse of any minor under 18 years of age

pursuant to proceedings under Article II of the Juvenile Court
Act of 1987. As a condition of employment, each school board
must consider the status of a person who has been issued an
indicated finding of abuse or neglect of a child by the
Department of Children and Family Services under the Abused
and Neglected Child Reporting Act or by a child welfare agency
of another jurisdiction.
(d) No school board shall knowingly employ a person for
whom a criminal history records check and a Statewide Sex
Offender Database check have not been initiated.
(e) Within 10 days after a superintendent, regional office
of education, or entity that provides background checks of
license holders to public schools receives information of a
pending criminal charge against a license holder for an
offense set forth in Section 21B-80 of this Code, the
superintendent, regional office of education, or entity must
notify the State Superintendent of Education of the pending
criminal charge.
If permissible by federal or State law, no later than 15
business days after receipt of a record of conviction or of
checking the Statewide Murderer and Violent Offender Against
Youth Database or the Statewide Sex Offender Database and
finding a registration, the superintendent of the employing
school board or the applicable regional superintendent shall,
in writing, notify the State Superintendent of Education of
any license holder who has been convicted of a crime set forth

in Section 21B-80 of this Code. Upon receipt of the record of a
conviction of or a finding of child abuse by a holder of any
license issued pursuant to Article 21B or Section 34-8.1 or
34-83 of this the School Code, the State Superintendent of
Education may initiate licensure suspension and revocation
proceedings as authorized by law. If the receipt of the record
of conviction or finding of child abuse is received within 6
months after the initial grant of or renewal of a license, the
State Superintendent of Education may rescind the license
holder's license.
(e-5) The superintendent of the employing school board
shall, in writing, notify the State Superintendent of
Education and the applicable regional superintendent of
schools of any license holder whom he or she has reasonable
cause to believe has committed an intentional act of abuse or
neglect with the result of making a child an abused child or a
neglected child, as defined in Section 3 of the Abused and
Neglected Child Reporting Act, and that act resulted in the
license holder's dismissal or resignation from the school
district. This notification must be submitted within 30 days
after the dismissal or resignation and must include the
Illinois Educator Identification Number (IEIN) of the license
holder and a brief description of the misconduct alleged. The
license holder must also be contemporaneously sent a copy of
the notice by the superintendent. All correspondence,
documentation, and other information so received by the

regional superintendent of schools, the State Superintendent
of Education, the State Board of Education, or the State
Educator Preparation and Licensure Board under this subsection
(e-5) is confidential and must not be disclosed to third
parties, except (i) as necessary for the State Superintendent
of Education or his or her designee to investigate and
prosecute pursuant to Article 21B of this Code, (ii) pursuant
to a court order, (iii) for disclosure to the license holder or
his or her representative, or (iv) as otherwise provided in
this Article and provided that any such information admitted
into evidence in a hearing is exempt from this confidentiality
and non-disclosure requirement. Except for an act of willful
or wanton misconduct, any superintendent who provides
notification as required in this subsection (e-5) shall have
immunity from any liability, whether civil or criminal or that
otherwise might result by reason of such action.
(f) After January 1, 1990 the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks and checks of the Statewide
Sex Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to
more than one school district, the regional superintendent of

the educational service region in which the contracting school
districts are located may, at the request of any such school
district, be responsible for receiving the authorization for a
criminal history records check prepared by each such employee
and submitting the same to the Illinois State Police and for
conducting a check of the Statewide Sex Offender Database for
each employee. Any information concerning the record of
conviction and identification as a sex offender of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school
board or school boards.
(f-5) Upon request of a school or school district, any
information obtained by a school district pursuant to
subsection (f) of this Section within the last year must be
made available to the requesting school or school district.
(g) Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in the public schools, a
student teacher is required to authorize a fingerprint-based
criminal history records check. Authorization for and payment
of the costs of the check must be furnished by the student
teacher to the school district where the student teaching is
to be completed. Upon receipt of this authorization and
payment, the school district shall submit the student
teacher's name, sex, race, date of birth, social security
number, fingerprint images, and other identifiers, as

prescribed by the Illinois State Police, to the Illinois State
Police. The Illinois State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions,
forever and hereinafter, until expunged, to the president of
the school board for the school district that requested the
check. The Illinois State Police shall charge the school
district a fee for conducting the check, which fee must not
exceed the cost of the inquiry and must be deposited into the
State Police Services Fund. The school district shall further
perform a check of the Statewide Sex Offender Database, as
authorized by the Sex Offender Community Notification Law, and
of the Statewide Murderer and Violent Offender Against Youth
Database, as authorized by the Murderer and Violent Offender
Against Youth Registration Act, for each student teacher. No
school board may knowingly allow a person to student teach for
whom a criminal history records check, a Statewide Sex
Offender Database check, and a Statewide Murderer and Violent
Offender Against Youth Database check have not been completed
and reviewed by the district.
A copy of the record of convictions obtained from the
Illinois State Police must be provided to the student teacher.
Any information concerning the record of convictions obtained
by the president of the school board is confidential and may
only be transmitted to the superintendent of the school
district or his or her designee, the State Superintendent of

Education, the State Educator Preparation and Licensure Board,
or, for clarification purposes, the Illinois State Police or
the Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database. Any unauthorized
release of confidential information may be a violation of
Section 7 of the Criminal Identification Act.
No school board shall knowingly allow a person to student
teach who has been convicted of any offense that would subject
him or her to license suspension or revocation pursuant to
subsection (c) of Section 21B-80 of this Code, except as
provided under subsection (b) of Section 21B-80. Further, no
school board shall allow a person to student teach if he or she
has been found to be the perpetrator of sexual or physical
abuse of a minor under 18 years of age pursuant to proceedings
under Article II of the Juvenile Court Act of 1987. Each school
board must consider the status of a person to student teach who
has been issued an indicated finding of abuse or neglect of a
child by the Department of Children and Family Services under
the Abused and Neglected Child Reporting Act or by a child
welfare agency of another jurisdiction.
(h) (Blank).
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
1-1-22; revised 10-6-21.)
(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)

Sec. 34-18.5. Criminal history records checks and checks
of the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database.
(a) Licensed and nonlicensed applicants for employment
with the school district are required as a condition of
employment to authorize a fingerprint-based criminal history
records check to determine if such applicants have been
convicted of any disqualifying, enumerated criminal or drug
offense in subsection (c) of this Section or have been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the check shall be furnished by the
applicant to the school district, except that if the applicant
is a substitute teacher seeking employment in more than one
school district, or a teacher seeking concurrent part-time
employment positions with more than one school district (as a
reading specialist, special education teacher or otherwise),
or an educational support personnel employee seeking
employment positions with more than one district, any such
district may require the applicant to furnish authorization
for the check to the regional superintendent of the
educational service region in which are located the school

districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee. Upon receipt of this
authorization, the school district or the appropriate regional
superintendent, as the case may be, shall submit the
applicant's name, sex, race, date of birth, social security
number, fingerprint images, and other identifiers, as
prescribed by the Illinois State Police, to the Illinois State
Police. The regional superintendent submitting the requisite
information to the Illinois State Police shall promptly notify
the school districts in which the applicant is seeking
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee that the
check of the applicant has been requested. The Illinois State
Police and the Federal Bureau of Investigation shall furnish,
pursuant to a fingerprint-based criminal history records
check, records of convictions, forever and hereinafter, until
expunged, to the president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. The Illinois State
Police shall charge the school district or the appropriate
regional superintendent a fee for conducting such check, which
fee shall be deposited in the State Police Services Fund and
shall not exceed the cost of the inquiry; and the applicant
shall not be charged a fee for such check by the school
district or by the regional superintendent. Subject to

appropriations for these purposes, the State Superintendent of
Education shall reimburse the school district and regional
superintendent for fees paid to obtain criminal history
records checks under this Section.
(a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender
Database, as authorized by the Sex Offender Community
Notification Law, for each applicant. The check of the
Statewide Sex Offender Database must be conducted by the
school district or regional superintendent once for every 5
years that an applicant remains employed by the school
district.
(a-6) The school district or regional superintendent shall
further perform a check of the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Community Notification Law,
for each applicant. The check of the Murderer and Violent
Offender Against Youth Database must be conducted by the
school district or regional superintendent once for every 5
years that an applicant remains employed by the school
district.
(b) Any information concerning the record of convictions
obtained by the president of the board of education or the
regional superintendent shall be confidential and may only be
transmitted to the general superintendent of the school
district or his designee, the appropriate regional

superintendent if the check was requested by the board of
education for the school district, the presidents of the
appropriate board of education or school boards if the check
was requested from the Illinois State Police by the regional
superintendent, the State Board of Education and the school
district as authorized under subsection (b-5), the State
Superintendent of Education, the State Educator Preparation
and Licensure Board or any other person necessary to the
decision of hiring the applicant for employment. A copy of the
record of convictions obtained from the Illinois State Police
shall be provided to the applicant for employment. Upon the
check of the Statewide Sex Offender Database or Statewide
Murderer and Violent Offender Against Youth Database, the
school district or regional superintendent shall notify an
applicant as to whether or not the applicant has been
identified in the Database. If a check of an applicant for
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee in more than
one school district was requested by the regional
superintendent, and the Illinois State Police upon a check
ascertains that the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) of
this Section or has not been convicted, within 7 years of the
application for employment with the school district, of any
other felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws

of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws of
this State and so notifies the regional superintendent and if
the regional superintendent upon a check ascertains that the
applicant has not been identified in the Sex Offender Database
or Statewide Murderer and Violent Offender Against Youth
Database, then the regional superintendent shall issue to the
applicant a certificate evidencing that as of the date
specified by the Illinois State Police the applicant has not
been convicted of any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has not been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and
evidencing that as of the date that the regional
superintendent conducted a check of the Statewide Sex Offender
Database or Statewide Murderer and Violent Offender Against
Youth Database, the applicant has not been identified in the
Database. The school board of any school district may rely on
the certificate issued by any regional superintendent to that
substitute teacher, concurrent part-time teacher, or
concurrent educational support personnel employee or may
initiate its own criminal history records check of the

applicant through the Illinois State Police and its own check
of the Statewide Sex Offender Database or Statewide Murderer
and Violent Offender Against Youth Database as provided in
this Section. Any unauthorized release of confidential
information may be a violation of Section 7 of the Criminal
Identification Act.
(b-5) If a criminal history records check or check of the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database is performed by a
regional superintendent for an applicant seeking employment as
a substitute teacher with the school district, the regional
superintendent may disclose to the State Board of Education
whether the applicant has been issued a certificate under
subsection (b) based on those checks. If the State Board
receives information on an applicant under this subsection,
then it must indicate in the Educator Licensure Information
System for a 90-day period that the applicant has been issued
or has not been issued a certificate.
(c) The board of education shall not knowingly employ a
person who has been convicted of any offense that would
subject him or her to license suspension or revocation
pursuant to Section 21B-80 of this Code, except as provided
under subsection (b) of 21B-80. Further, the board of
education shall not knowingly employ a person who has been
found to be the perpetrator of sexual or physical abuse of any
minor under 18 years of age pursuant to proceedings under

Article II of the Juvenile Court Act of 1987. As a condition of
employment, the board of education must consider the status of
a person who has been issued an indicated finding of abuse or
neglect of a child by the Department of Children and Family
Services under the Abused and Neglected Child Reporting Act or
by a child welfare agency of another jurisdiction.
(d) The board of education shall not knowingly employ a
person for whom a criminal history records check and a
Statewide Sex Offender Database check have not been initiated.
(e) Within 10 days after the general superintendent of
schools, a regional office of education, or an entity that
provides background checks of license holders to public
schools receives information of a pending criminal charge
against a license holder for an offense set forth in Section
21B-80 of this Code, the superintendent, regional office of
education, or entity must notify the State Superintendent of
Education of the pending criminal charge.
No later than 15 business days after receipt of a record of
conviction or of checking the Statewide Murderer and Violent
Offender Against Youth Database or the Statewide Sex Offender
Database and finding a registration, the general
superintendent of schools or the applicable regional
superintendent shall, in writing, notify the State
Superintendent of Education of any license holder who has been
convicted of a crime set forth in Section 21B-80 of this Code.
Upon receipt of the record of a conviction of or a finding of

child abuse by a holder of any license issued pursuant to
Article 21B or Section 34-8.1 or 34-83 of this Code, the State
Superintendent of Education may initiate licensure suspension
and revocation proceedings as authorized by law. If the
receipt of the record of conviction or finding of child abuse
is received within 6 months after the initial grant of or
renewal of a license, the State Superintendent of Education
may rescind the license holder's license.
(e-5) The general superintendent of schools shall, in
writing, notify the State Superintendent of Education of any
license holder whom he or she has reasonable cause to believe
has committed an intentional act of abuse or neglect with the
result of making a child an abused child or a neglected child,
as defined in Section 3 of the Abused and Neglected Child
Reporting Act, and that act resulted in the license holder's
dismissal or resignation from the school district and must
include the Illinois Educator Identification Number (IEIN) of
the license holder and a brief description of the misconduct
alleged. This notification must be submitted within 30 days
after the dismissal or resignation. The license holder must
also be contemporaneously sent a copy of the notice by the
superintendent. All correspondence, documentation, and other
information so received by the State Superintendent of
Education, the State Board of Education, or the State Educator
Preparation and Licensure Board under this subsection (e-5) is
confidential and must not be disclosed to third parties,

except (i) as necessary for the State Superintendent of
Education or his or her designee to investigate and prosecute
pursuant to Article 21B of this Code, (ii) pursuant to a court
order, (iii) for disclosure to the license holder or his or her
representative, or (iv) as otherwise provided in this Article
and provided that any such information admitted into evidence
in a hearing is exempt from this confidentiality and
non-disclosure requirement. Except for an act of willful or
wanton misconduct, any superintendent who provides
notification as required in this subsection (e-5) shall have
immunity from any liability, whether civil or criminal or that
otherwise might result by reason of such action.
(f) After March 19, 1990, the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks and checks of the Statewide
Sex Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to
more than one school district, the regional superintendent of
the educational service region in which the contracting school
districts are located may, at the request of any such school
district, be responsible for receiving the authorization for a
criminal history records check prepared by each such employee

and submitting the same to the Illinois State Police and for
conducting a check of the Statewide Sex Offender Database for
each employee. Any information concerning the record of
conviction and identification as a sex offender of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school
board or school boards.
(f-5) Upon request of a school or school district, any
information obtained by the school district pursuant to
subsection (f) of this Section within the last year must be
made available to the requesting school or school district.
(g) Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in the public schools, a
student teacher is required to authorize a fingerprint-based
criminal history records check. Authorization for and payment
of the costs of the check must be furnished by the student
teacher to the school district. Upon receipt of this
authorization and payment, the school district shall submit
the student teacher's name, sex, race, date of birth, social
security number, fingerprint images, and other identifiers, as
prescribed by the Illinois State Police, to the Illinois State
Police. The Illinois State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions,
forever and hereinafter, until expunged, to the president of

the board. The Illinois State Police shall charge the school
district a fee for conducting the check, which fee must not
exceed the cost of the inquiry and must be deposited into the
State Police Services Fund. The school district shall further
perform a check of the Statewide Sex Offender Database, as
authorized by the Sex Offender Community Notification Law, and
of the Statewide Murderer and Violent Offender Against Youth
Database, as authorized by the Murderer and Violent Offender
Against Youth Registration Act, for each student teacher. The
board may not knowingly allow a person to student teach for
whom a criminal history records check, a Statewide Sex
Offender Database check, and a Statewide Murderer and Violent
Offender Against Youth Database check have not been completed
and reviewed by the district.
A copy of the record of convictions obtained from the
Illinois State Police must be provided to the student teacher.
Any information concerning the record of convictions obtained
by the president of the board is confidential and may only be
transmitted to the general superintendent of schools or his or
her designee, the State Superintendent of Education, the State
Educator Preparation and Licensure Board, or, for
clarification purposes, the Illinois State Police or the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database. Any unauthorized
release of confidential information may be a violation of
Section 7 of the Criminal Identification Act.

The board may not knowingly allow a person to student
teach who has been convicted of any offense that would subject
him or her to license suspension or revocation pursuant to
subsection (c) of Section 21B-80 of this Code, except as
provided under subsection (b) of Section 21B-80. Further, the
board may not allow a person to student teach if he or she has
been found to be the perpetrator of sexual or physical abuse of
a minor under 18 years of age pursuant to proceedings under
Article II of the Juvenile Court Act of 1987. The board must
consider the status of a person to student teach who has been
issued an indicated finding of abuse or neglect of a child by
the Department of Children and Family Services under the
Abused and Neglected Child Reporting Act or by a child welfare
agency of another jurisdiction.
(h) (Blank).
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
1-1-22; revised 10-18-21.)
(105 ILCS 5/1F-62 rep.)
(105 ILCS 5/2-3.33a rep.)
(105 ILCS 5/2-3.128 rep.)
(105 ILCS 5/18-8.10 rep.)
(105 ILCS 5/21-5e rep.)
(105 ILCS 5/34-83 rep.)
Section 15-10. The School Code is amended by repealing

Sections 1F-62, 2-3.33a, 2-3.128, 18-8.10, 21-5e, and 34-83.
Section 15-15. The Illinois Educational Labor Relations
Act is amended by changing Section 2 as follows:
(115 ILCS 5/2) (from Ch. 48, par. 1702)
Sec. 2. Definitions. As used in this Act:
(a) "Educational employer" or "employer" means the
governing body of a public school district, including the
governing body of a charter school established under Article
27A of the School Code or of a contract school or contract
turnaround school established under paragraph 30 of Section
34-18 of the School Code, combination of public school
districts, including the governing body of joint agreements of
any type formed by 2 or more school districts, public
community college district or State college or university, a
subcontractor of instructional services of a school district
(other than a school district organized under Article 34 of
the School Code), combination of school districts, charter
school established under Article 27A of the School Code, or
contract school or contract turnaround school established
under paragraph 30 of Section 34-18 of the School Code, an
Independent Authority created under Section 2-3.25f-5 of the
School Code, and any State agency whose major function is
providing educational services. "Educational employer" or
"employer" does not include (1) a Financial Oversight Panel

created pursuant to Section 1A-8 of the School Code due to a
district violating a financial plan or (2) an approved
nonpublic special education facility that contracts with a
school district or combination of school districts to provide
special education services pursuant to Section 14-7.02 of the
School Code, but does include a School Finance Authority
created under Article 1E or 1F of the School Code and a
Financial Oversight Panel created under Article 1B or 1H of
the School Code. The change made by this amendatory Act of the
96th General Assembly to this paragraph (a) to make clear that
the governing body of a charter school is an "educational
employer" is declaratory of existing law.
(b) "Educational employee" or "employee" means any
individual, excluding supervisors, managerial, confidential,
short term employees, student, and part-time academic
employees of community colleges employed full or part time by
an educational employer, but shall not include elected
officials and appointees of the Governor with the advice and
consent of the Senate, firefighters as defined by subsection
(g-1) of Section 3 of the Illinois Public Labor Relations Act,
and peace officers employed by a State university. For the
purposes of this Act, part-time academic employees of
community colleges shall be defined as those employees who
provide less than 3 credit hours of instruction per academic
semester. In this subsection (b), the term "student" does not
include graduate students who are research assistants

primarily performing duties that involve research, graduate
assistants primarily performing duties that are
pre-professional, graduate students who are teaching
assistants primarily performing duties that involve the
delivery and support of instruction, or any other graduate
assistants.
(c) "Employee organization" or "labor organization" means
an organization of any kind in which membership includes
educational employees, and which exists for the purpose, in
whole or in part, of dealing with employers concerning
grievances, employee-employer disputes, wages, rates of pay,
hours of employment, or conditions of work, but shall not
include any organization which practices discrimination in
membership because of race, color, creed, age, gender,
national origin or political affiliation.
(d) "Exclusive representative" means the labor
organization which has been designated by the Illinois
Educational Labor Relations Board as the representative of the
majority of educational employees in an appropriate unit, or
recognized by an educational employer prior to January 1, 1984
as the exclusive representative of the employees in an
appropriate unit or, after January 1, 1984, recognized by an
employer upon evidence that the employee organization has been
designated as the exclusive representative by a majority of
the employees in an appropriate unit.
(e) "Board" means the Illinois Educational Labor Relations

Board.
(f) "Regional Superintendent" means the regional
superintendent of schools provided for in Articles 3 and 3A of
The School Code.
(g) "Supervisor" means any individual having authority in
the interests of the employer to hire, transfer, suspend, lay
off, recall, promote, discharge, reward or discipline other
employees within the appropriate bargaining unit and adjust
their grievances, or to effectively recommend such action if
the exercise of such authority is not of a merely routine or
clerical nature but requires the use of independent judgment.
The term "supervisor" includes only those individuals who
devote a preponderance of their employment time to such
exercising authority.
(h) "Unfair labor practice" or "unfair practice" means any
practice prohibited by Section 14 of this Act.
(i) "Person" includes an individual, educational employee,
educational employer, legal representative, or employee
organization.
(j) "Wages" means salaries or other forms of compensation
for services rendered.
(k) "Professional employee" means, in the case of a public
community college, State college or university, State agency
whose major function is providing educational services, the
Illinois School for the Deaf, and the Illinois School for the
Visually Impaired, (1) any employee engaged in work (i)

predominantly intellectual and varied in character as opposed
to routine mental, manual, mechanical, or physical work; (ii)
involving the consistent exercise of discretion and judgment
in its performance; (iii) of such character that the output
produced or the result accomplished cannot be standardized in
relation to a given period of time; and (iv) requiring
knowledge of an advanced type in a field of science or learning
customarily acquired by a prolonged course of specialized
intellectual instruction and study in an institution of higher
learning or a hospital, as distinguished from a general
academic education or from an apprenticeship or from training
in the performance of routine mental, manual, or physical
processes; or (2) any employee, who (i) has completed the
courses of specialized intellectual instruction and study
described in clause (iv) of paragraph (1) of this subsection,
and (ii) is performing related work under the supervision of a
professional person to qualify himself or herself to become a
professional as defined in paragraph (l).
(l) "Professional employee" means, in the case of any
public school district, or combination of school districts
pursuant to joint agreement, any employee who has a
certificate issued under Article 21 or Section 34-83 of the
School Code, as now or hereafter amended.
(m) "Unit" or "bargaining unit" means any group of
employees for which an exclusive representative is selected.
(n) "Confidential employee" means an employee, who (i) in

the regular course of his or her duties, assists and acts in a
confidential capacity to persons who formulate, determine and
effectuate management policies with regard to labor relations
or who (ii) in the regular course of his or her duties has
access to information relating to the effectuation or review
of the employer's collective bargaining policies.
(o) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of such management policies and practices.
(p) "Craft employee" means a skilled journeyman, craft
person, and his or her apprentice or helper.
(q) "Short-term employee" is an employee who is employed
for less than 2 consecutive calendar quarters during a
calendar year and who does not have a reasonable expectation
that he or she will be rehired by the same employer for the
same service in a subsequent calendar year. Nothing in this
subsection shall affect the employee status of individuals who
were covered by a collective bargaining agreement on the
effective date of this amendatory Act of 1991.
(Source: P.A. 101-380, eff. 1-1-20.)
ARTICLE 20. FINANCE-VARIOUS
Section 20-5. The State Employees Group Insurance Act of
1971 is amended by changing Section 11 as follows:

(5 ILCS 375/11) (from Ch. 127, par. 531)
Sec. 11. The amount of contribution in any fiscal year
from funds other than the General Revenue Fund or the Road Fund
shall be at the same contribution rate as the General Revenue
Fund or the Road Fund, except that in State Fiscal Year 2009 no
contributions shall be required from the FY09 Budget Relief
Fund. Contributions and payments for life insurance shall be
deposited in the Group Insurance Premium Fund. Contributions
and payments for health coverages and other benefits shall be
deposited in the Health Insurance Reserve Fund. Federal funds
which are available for cooperative extension purposes shall
also be charged for the contributions which are made for
retired employees formerly employed in the Cooperative
Extension Service. In the case of departments or any division
thereof receiving a fraction of its requirements for
administration from the Federal Government, the contributions
hereunder shall be such fraction of the amount determined
under the provisions hereof and the remainder shall be
contributed by the State.
Every department which has members paid from funds other
than the General Revenue Fund, or other than the FY09 Budget
Relief Fund in State Fiscal Year 2009, shall cooperate with
the Department of Central Management Services and the
Governor's Office of Management and Budget in order to assure
that the specified proportion of the State's cost for group

life insurance, the program of health benefits and other
employee benefits is paid by such funds; except that
contributions under this Act need not be paid from any other
fund where both the Director of Central Management Services
and the Director of the Governor's Office of Management and
Budget have designated in writing that the necessary
contributions are included in the General Revenue Fund
contribution amount.
Universities having employees who are totally compensated
out of the following funds:
(1) Income Funds;
(2) Local auxiliary funds; and
(3) the Agricultural Premium Fund
shall not be required to submit such contribution for such
employees.
For each person covered under this Act whose eligibility
for such coverage is based upon the person's status as the
recipient of a benefit under the Illinois Pension Code, which
benefit is based in whole or in part upon service with the Toll
Highway Authority, the Authority shall annually contribute a
pro rata share of the State's cost for the benefits of that
person.
(Source: P.A. 94-793, eff. 5-19-06; 95-1000, eff. 10-7-08.)
Section 20-10. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing

Section 2705-255 as follows:
(20 ILCS 2705/2705-255) (was 20 ILCS 2705/49.14)
Sec. 2705-255. Appropriations from Build Illinois Bond
Fund and Build Illinois Purposes Fund. Any expenditure of
funds by the Department for interchanges, for access roads to
and from any State or local highway in Illinois, or for other
transportation capital improvements related to an economic
development project pursuant to appropriations to the
Department from the Build Illinois Bond Fund and the Build
Illinois Purposes Fund shall be used for funding improvements
related to existing or planned scientific, research,
manufacturing, or industrial development or expansion in
Illinois. In addition, the Department may use those funds to
encourage and maximize public and private participation in
those improvements. The Department shall consult with the
Department of Commerce and Economic Opportunity prior to
expending any funds for those purposes pursuant to
appropriations from the Build Illinois Bond Fund and the Build
Illinois Purposes Fund.
(Source: P.A. 94-793, eff. 5-19-06.)
Section 20-15. The Illinois Motor Vehicle Theft Prevention
and Insurance Verification Act is amended by changing Section
8.6 as follows:

(20 ILCS 4005/8.6)
Sec. 8.6. State Police Training and Academy Fund; Law
Enforcement Training Fund. Before April 1 of each year, each
insurer engaged in writing private passenger motor vehicle
insurance coverage that is included in Class 2 and Class 3 of
Section 4 of the Illinois Insurance Code, as a condition of its
authority to transact business in this State, shall collect
and remit to the Department of Insurance an amount equal to $4,
or a lesser amount determined by the Illinois Law Enforcement
Training Standards Board by rule, multiplied by the insurer's
total earned car years of private passenger motor vehicle
insurance policies providing physical damage insurance
coverage written in this State during the preceding calendar
year. Of the amounts collected under this Section, the
Department of Insurance shall deposit 10% into the State
Police Training and Academy Fund and 90% into the Law
Enforcement Training Fund.
(Source: P.A. 102-16, eff. 6-17-21.)
Section 20-20. The State Finance Act is amended by
changing Sections 6z-75, 6z-126, 8.20, 8.25, 8.27, 8.33, and
8f and by adding Sections 5.970, 5.971, 5.972, 5.973, 5.974,
5.975, and 5.976 as follows:
(30 ILCS 105/5.970 new)
Sec. 5.970. The Aeronautics Fund.

(30 ILCS 105/5.971 new)
Sec. 5.971. The Emergency Planning and Training Fund.
(30 ILCS 105/5.972 new)
Sec. 5.972. The ISAC Accounts Receivable Fund.
(30 ILCS 105/5.973 new)
Sec. 5.973. The Motor Fuel and Petroleum Standards Fund.
(30 ILCS 105/5.974 new)
Sec. 5.974. The State Small Business Credit Initiative
Fund.
(30 ILCS 105/5.975 new)
Sec. 5.975. The Public Pension Regulation Fund.
(30 ILCS 105/5.976 new)
Sec. 5.976. The Vehicle Inspection Fund.
(30 ILCS 105/6z-75)
Sec. 6z-75. The Illinois Power Agency Trust Fund.
(a) Creation. The Illinois Power Agency Trust Fund is
created as a special fund in the State treasury. The State
Treasurer shall be the custodian of the Fund. Amounts in the
Fund, both principal and interest not appropriated, shall be

invested as provided by law.
(b) Funding and investment.
(1) The Illinois Power Agency Trust Fund may accept,
receive, and administer any grants, loans, or other funds
made available to it by any source. Any such funds
received by the Fund shall not be considered income, but
shall be added to the principal of the Fund.
(2) The investments of the Fund shall be managed by
the Illinois State Board of Investment, for the purpose of
obtaining a total return on investments for the long term,
as provided for under Article 22A of the Illinois Pension
Code.
(c) Investment proceeds. Subject to the provisions of
subsection (d) of this Section, the General Assembly may
annually appropriate from the Illinois Power Agency Trust Fund
to the Illinois Power Agency Operations Fund an amount
calculated not to exceed 90% of the prior fiscal year's annual
investment income earned by the Fund to the Illinois Power
Agency. Any investment income not appropriated by the General
Assembly in a given fiscal year shall be added to the principal
of the Fund, and thereafter considered a part thereof and not
subject to appropriation as income earned by the Fund.
(d) Expenditures.
(1) During Fiscal Year 2008 and Fiscal Year 2009, the
General Assembly shall not appropriate any of the
investment income earned by the Illinois Power Agency

Trust Fund to the Illinois Power Agency.
(2) During Fiscal Year 2010 and Fiscal Year 2011, the
General Assembly shall appropriate a portion of the
investment income earned by the Illinois Power Agency
Trust Fund to repay to the General Revenue Fund of the
State of Illinois those amounts, if any, appropriated from
the General Revenue Fund for the operation of the Illinois
Power Agency during Fiscal Year 2008 and Fiscal Year 2009,
so that at the end of Fiscal Year 2011, the entire amount,
if any, appropriated from the General Revenue Fund for the
operation of the Illinois Power Agency during Fiscal Year
2008 and Fiscal Year 2009 will be repaid in full to the
General Revenue Fund.
(3) In Fiscal Year 2012 and thereafter, the General
Assembly shall consider the need to balance its
appropriations from the investment income earned by the
Fund with the need to provide for the growth of the
principal of the Illinois Power Agency Trust Fund in order
to ensure that the Fund is able to produce sufficient
investment income to fund the operations of the Illinois
Power Agency in future years.
(4) If the Illinois Power Agency shall cease
operations, then, unless otherwise provided for by law or
appropriation, the principal and any investment income
earned by the Fund shall be transferred into the
Supplemental Low-Income Energy Assistance Program (LIHEAP)

Fund under Section 13 of the Energy Assistance Act of
1989.
(e) Implementation. The provisions of this Section shall
not be operative until the Illinois Power Agency Trust Fund
has accumulated a principal balance of $25,000,000.
(Source: P.A. 99-536, eff. 7-8-16.)
(30 ILCS 105/6z-126)
Sec. 6z-126. Law Enforcement Training Fund. The Law
Enforcement Training Fund is hereby created as a special fund
in the State treasury. Moneys in the Fund shall consist of: (i)
90% of the revenue from increasing the insurance producer
license fees, as provided under subsection (a-5) of Section
500-135 of the Illinois Insurance Code; and (ii) 90% of the
moneys collected from auto insurance policy fees under Section
8.6 of the Illinois Motor Vehicle Theft Prevention and
Insurance Verification Act. This Fund shall be used by the
Illinois Law Enforcement Training and Standards Board to fund
law enforcement certification compliance and the development
and provision of basic courses by Board-approved academics,
and in-service courses by approved academies.
(Source: P.A. 102-16, eff. 6-17-21.)
(30 ILCS 105/8.20) (from Ch. 127, par. 144.20)
Sec. 8.20. Appropriations for the ordinary and contingent
expenses of the Illinois Liquor Control Commission shall be

paid from the Dram Shop Fund. Beginning June 30, 1990 and on
June 30 of each subsequent year through June 29, 2003, any
balance over $5,000,000 remaining in the Dram Shop Fund shall
be credited to State liquor licensees and applied against
their fees for State liquor licenses for the following year.
The amount credited to each licensee shall be a proportion of
the balance in the Dram Shop Fund that is the same as the
proportion of the license fee paid by the licensee under
Section 5-3 of the Liquor Control Act of 1934, as now or
hereafter amended, for the period in which the balance was
accumulated to the aggregate fees paid by all licensees during
that period.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Dram Shop Fund may be transferred to the
General Revenue Fund as authorized by Public Act 87-14. The
General Assembly finds that an excess of moneys existed in the
Fund on July 30, 1991, and the Governor's order of July 30,
1991, requesting the Comptroller and Treasurer to transfer an
amount from the Fund to the General Revenue Fund is hereby
validated.
(Source: P.A. 93-22, eff. 6-20-03.)
(30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
Sec. 8.25. Build Illinois Fund; uses.
(A) All moneys in the Build Illinois Fund shall be

transferred, appropriated, and used only for the purposes
authorized by and subject to the limitations and conditions
prescribed by this Section. There are established the
following accounts in the Build Illinois Fund: the McCormick
Place Account, the Build Illinois Bond Account, the Build
Illinois Purposes Account, the Park and Conservation Fund
Account, and the Tourism Advertising and Promotion Account.
Amounts deposited into the Build Illinois Fund consisting of
1.55% before July 1, 1986, and 1.75% on and after July 1, 1986,
of moneys received by the Department of Revenue under Section
9 of the Use Tax Act, Section 9 of the Service Use Tax Act,
Section 9 of the Service Occupation Tax Act, and Section 3 of
the Retailers' Occupation Tax Act, and all amounts deposited
therein under Section 28 of the Illinois Horse Racing Act of
1975, Section 4.05 of the Chicago World's Fair - 1992
Authority Act, and Sections 3 and 6 of the Hotel Operators'
Occupation Tax Act, shall be credited initially to the
McCormick Place Account and all other amounts deposited into
the Build Illinois Fund shall be credited initially to the
Build Illinois Bond Account. Of the amounts initially so
credited to the McCormick Place Account in each month, the
amount that is to be transferred in that month to the
Metropolitan Fair and Exposition Authority Improvement Bond
Fund, as provided below, shall remain credited to the
McCormick Place Account, and all amounts initially so credited
in that month in excess thereof shall next be credited to the

Build Illinois Bond Account. Of the amounts credited to the
Build Illinois Bond Account in each month, the amount that is
to be transferred in that month to the Build Illinois Bond
Retirement and Interest Fund, as provided below, shall remain
credited to the Build Illinois Bond Account, and all amounts
so credited in each month in excess thereof shall next be
credited monthly to the other accounts in the following order
of priority: first, to the Build Illinois Purposes Account,
(a) 1/12, or in the case of fiscal year 1986, 1/9, of the
fiscal year amounts authorized to be transferred to the Build
Illinois Purposes Fund as provided below plus (b) any
cumulative deficiency in those transfers for prior months;
second, 1/12 of $10,000,000, plus any cumulative deficiency in
those transfers for prior months, to the Park and Conservation
Fund Account; and third, to the General Revenue Fund in the
State Treasury all amounts that remain in the Build Illinois
Fund on the last day of each month and are not credited to any
account in that Fund.
Transfers from the McCormick Place Account in the Build
Illinois Fund shall be made as follows:
Beginning with fiscal year 1985 and continuing for each
fiscal year thereafter, the Metropolitan Pier and Exposition
Authority shall annually certify to the State Comptroller and
State Treasurer the amount necessary and required during the
fiscal year with respect to which the certification is made to
pay the debt service requirements (including amounts to be

paid with respect to arrangements to provide additional
security or liquidity) on all outstanding bonds and notes,
including refunding bonds (herein collectively referred to as
bonds) of issues in the aggregate amount (excluding the amount
of any refunding bonds issued by that Authority after January
1, 1986) of not more than $312,500,000 issued after July 1,
1984, by that Authority for the purposes specified in Sections
10.1 and 13.1 of the Metropolitan Pier and Exposition
Authority Act. In each month of the fiscal year in which there
are bonds outstanding with respect to which the annual
certification is made, the Comptroller shall order transferred
and the Treasurer shall transfer from the McCormick Place
Account in the Build Illinois Fund to the Metropolitan Fair
and Exposition Authority Improvement Bond Fund an amount equal
to 150% of the certified amount for that fiscal year divided by
the number of months during that fiscal year in which bonds of
the Authority are outstanding, plus any cumulative deficiency
in those transfers for prior months; provided, that the
maximum amount that may be so transferred in fiscal year 1985
shall not exceed $15,000,000 or a lesser sum as is actually
necessary and required to pay the debt service requirements
for that fiscal year after giving effect to net operating
revenues of that Authority available for that purpose as
certified by that Authority, and provided further that the
maximum amount that may be so transferred in fiscal year 1986
shall not exceed $30,000,000 and in each fiscal year

thereafter shall not exceed $33,500,000 in any fiscal year or
a lesser sum as is actually necessary and required to pay the
debt service requirements for that fiscal year after giving
effect to net operating revenues of that Authority available
for that purpose as certified by that Authority.
When an amount equal to 100% of the aggregate amount of
principal and interest in each fiscal year with respect to
bonds issued after July 1, 1984, that by their terms are
payable from the Metropolitan Fair and Exposition Authority
Improvement Bond Fund, including under sinking fund
requirements, has been so paid and deficiencies in reserves
established from bond proceeds shall have been remedied, and
at the time that those amounts have been transferred to the
Authority as provided in Section 13.1 of the Metropolitan Pier
and Exposition Authority Act, the remaining moneys, if any,
deposited and to be deposited during each fiscal year to the
Metropolitan Fair and Exposition Authority Improvement Bond
Fund shall be transferred to the Metropolitan Fair and
Exposition Authority Completion Note Subordinate Fund.
Transfers from the Build Illinois Bond Account in the
Build Illinois Fund shall be made as follows:
Beginning with fiscal year 1986 and continuing for each
fiscal year thereafter so long as limited obligation bonds of
the State issued under the Build Illinois Bond Act remain
outstanding, the Comptroller shall order transferred and the
Treasurer shall transfer in each month, commencing in October,

1985, on the last day of that month, from the Build Illinois
Bond Account to the Build Illinois Bond Retirement and
Interest Fund in the State Treasury the amount required to be
so transferred in that month under Section 13 of the Build
Illinois Bond Act.
Transfers from the remaining accounts in the Build
Illinois Fund shall be made in the following amounts and in the
following order of priority:
Beginning with fiscal year 1986 and continuing each fiscal
year thereafter, as soon as practicable after the first day of
each month, commencing in October, 1985, the Comptroller shall
order transferred and the Treasurer shall transfer from the
Build Illinois Purposes Account in the Build Illinois Fund to
the Build Illinois Purposes Fund 1/12th (or in the case of
fiscal year 1986 1/9) of the amounts specified below for the
following fiscal years:
Fiscal Year Amount
1986 $35,000,000
1987 $45,000,000
1988 $50,000,000
1989 $55,000,000
1990 $55,000,000
1991 $50,000,000
1992 $16,200,000
1993 $16,200,000,
plus any cumulative deficiency in those transfers for prior

months.
As soon as may be practicable after the first day of each
month beginning after July 1, 1984, the Comptroller shall
order transferred and the Treasurer shall transfer from the
Park and Conservation Fund Account in the Build Illinois Fund
to the Park and Conservation Fund 1/12 of $10,000,000, plus
any cumulative deficiency in those transfers for prior months,
for conservation and park purposes as enumerated in Section
805-420 of the Department of Natural Resources (Conservation)
Law (20 ILCS 805/805-420), and to pay the debt service
requirements on all outstanding bonds of an issue in the
aggregate amount of not more than $40,000,000 issued after
January 1, 1985, by the State of Illinois for the purposes
specified in Section 3(c) of the Capital Development Bond Act
of 1972, or for the same purposes as specified in any other
State general obligation bond Act enacted after November 1,
1984. Transfers from the Park and Conservation Fund to the
Capital Development Bond Retirement and Interest Fund to pay
those debt service requirements shall be made in accordance
with Section 8.25b of this Act.
All funds remaining in the Build Illinois Fund on the last
day of any month and not credited to any account in that Fund
shall be transferred by the State Treasurer to the General
Revenue Fund.
(B) For the purpose of this Section, "cumulative
deficiency" shall include all deficiencies in those transfers

that have occurred since July 1, 1984, as specified in
subsection (A) of this Section.
(C) In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Park and Conservation Fund may be
transferred to the General Revenue Fund as authorized by
Public Act 87-14. The General Assembly finds that an excess of
moneys existed in the Fund on July 30, 1991, and the Governor's
order of July 30, 1991, requesting the Comptroller and
Treasurer to transfer an amount from the Fund to the General
Revenue Fund is hereby validated.
(D) (Blank).
(Source: P.A. 90-26, eff. 7-1-97; 90-372, eff. 7-1-98; 90-655,
eff. 7-30-98; 91-239, eff. 1-1-00.)
(30 ILCS 105/8.27) (from Ch. 127, par. 144.27)
Sec. 8.27. All receipts from federal financial
participation in the Foster Care and Adoption Services program
under Title IV-E of the federal Social Security Act, including
receipts for related indirect costs, shall be deposited in the
DCFS Children's Services Fund.
Beginning on July 20, 2010 (the effective date of Public
Act 96-1127) this amendatory Act of the 96th General Assembly,
any funds paid to the State by the federal government under
Title XIX and Title XXI of the Social Security Act for child
welfare services delivered by community mental health

providers, certified and paid as Medicaid providers by the
Department of Children and Family Services, for child welfare
services relating to Medicaid-eligible clients and families
served consistent with the purposes of the Department of
Children and Family Services, including services delivered as
a result of the conversion of such providers from a
comprehensive rate to a fee-for-service payment methodology,
and any subsequent revenue maximization initiatives performed
by such providers, and any interest earned thereon, shall be
deposited directly into the DCFS Children's Services Fund.
Such funds shall be used for the provision of child welfare
services provided to eligible individuals identified by the
Department of Children and Family Services. Child welfare
services are defined in Section 5 of the Children and Family
Services Act (20 ILCS 505/5).
Eighty percent of the federal funds received by the
Illinois Department of Human Services under the Title IV-A
Emergency Assistance program as reimbursement for expenditures
made from the Illinois Department of Children and Family
Services appropriations for the costs of services in behalf of
Department of Children and Family Services clients shall be
deposited into the DCFS Children's Services Fund.
All receipts from federal financial participation in the
Child Welfare Services program under Title IV-B of the federal
Social Security Act, including receipts for related indirect
costs, shall be deposited into the DCFS Children's Services

Fund for those moneys received as reimbursement for services
provided on or after July 1, 1994.
In addition, as soon as may be practicable after the first
day of November, 1994, the Department of Children and Family
Services shall request the Comptroller to order transferred
and the Treasurer shall transfer the unexpended balance of the
Child Welfare Services Fund to the DCFS Children's Services
Fund. Upon completion of the transfer, the Child Welfare
Services Fund will be considered dissolved and any outstanding
obligations or liabilities of that fund will pass to the DCFS
Children's Services Fund.
For services provided on or after July 1, 2007, all
federal funds received pursuant to the John H. Chafee Foster
Care Independence Program shall be deposited into the DCFS
Children's Services Fund.
Except as otherwise provided in this Section, moneys in
the Fund may be used by the Department, pursuant to
appropriation by the General Assembly, for the ordinary and
contingent expenses of the Department.
In fiscal year 1988 and in each fiscal year thereafter
through fiscal year 2000, the Comptroller shall order
transferred and the Treasurer shall transfer an amount of
$16,100,000 from the DCFS Children's Services Fund to the
General Revenue Fund in the following manner: As soon as may be
practicable after the 15th day of September, December, March
and June, the Comptroller shall order transferred and the

Treasurer shall transfer, to the extent that funds are
available, 1/4 of $16,100,000, plus any cumulative
deficiencies in such transfers for prior transfer dates during
such fiscal year. In no event shall any such transfer reduce
the available balance in the DCFS Children's Services Fund
below $350,000.
In accordance with subsection (q) of Section 5 of the
Children and Family Services Act, disbursements from
individual children's accounts shall be deposited into the
DCFS Children's Services Fund.
Receipts from public and unsolicited private grants, fees
for training, and royalties earned from the publication of
materials owned by or licensed to the Department of Children
and Family Services shall be deposited into the DCFS
Children's Services Fund.
As soon as may be practical after September 1, 2005, upon
the request of the Department of Children and Family Services,
the Comptroller shall order transferred and the Treasurer
shall transfer the unexpended balance of the Department of
Children and Family Services Training Fund into the DCFS
Children's Services Fund. Upon completion of the transfer, the
Department of Children and Family Services Training Fund is
dissolved and any outstanding obligations or liabilities of
that Fund pass to the DCFS Children's Services Fund.
(Source: P.A. 95-707, eff. 1-11-08; 96-1127, eff. 7-20-10.)

(30 ILCS 105/8.33) (from Ch. 127, par. 144.33)
Sec. 8.33. Expenses incident to leasing or use of State
facilities. (a) All expenses incident to the leasing or use of
the State facilities listed in Section 405-315 of the
Department of Central Management Services Law (20 ILCS
405/405-315) for lease or use terms not exceeding 30 days in
length shall be payable from the Facilities Management Special
Events Revolving Fund. Such expenses Expenses incident to the
lease or use of the State facilities listed in Section 405-315
of the Department of Central Management Services Law (20 ILCS
405/405-315) shall include expenditures for additional
commodities, equipment, furniture, improvements, personal
services or other expenses required by the Department of
Central Management Services to make such facilities available
to the public and State employees.
(b) The Special Events Revolving Fund shall cease to exist
on October 1, 2005. Any balance in the Fund as of that date
shall be transferred to the Facilities Management Revolving
Fund. Any moneys that otherwise would be paid into the Fund on
or after that date shall be deposited into the Facilities
Management Revolving Fund. Any disbursements on or after that
date that otherwise would be made from the Fund shall be made
from the Facilities Management Revolving Fund.
(Source: P.A. 94-91, eff. 7-1-05.)
(30 ILCS 105/8f)

Sec. 8f. Public Pension Regulation Fund. The Public
Pension Regulation Fund is created as a special fund in the
State Treasury. Except as otherwise provided in the Illinois
Pension Code, all money received by the Department of
Financial and Professional Regulation, as successor to the
Illinois Department of Insurance, under the Illinois Pension
Code shall be paid into the Fund. The State Treasurer promptly
shall invest the money in the Fund, and all earnings that
accrue on the money in the Fund shall be credited to the Fund.
No money may be transferred from this Fund to any other fund.
The General Assembly may make appropriations from this Fund
for the ordinary and contingent expenses of the Public Pension
Division of the Illinois Department of Insurance.
(Source: P.A. 94-91, eff. 7-1-05; 95-950, eff. 8-29-08.)
Section 20-25. The Build Illinois Bond Act is amended by
changing Section 2 as follows:
(30 ILCS 425/2) (from Ch. 127, par. 2802)
Sec. 2. Authorization for Bonds. The State of Illinois is
authorized to issue, sell and provide for the retirement of
limited obligation bonds, notes and other evidences of
indebtedness of the State of Illinois in the total principal
amount of $9,484,681,100 herein called "Bonds". Such
authorized amount of Bonds shall be reduced from time to time
by amounts, if any, which are equal to the moneys received by

the Department of Revenue in any fiscal year pursuant to
Section 3-1001 of the "Illinois Vehicle Code", as amended, in
excess of the Annual Specified Amount (as defined in Section 3
of the "Retailers' Occupation Tax Act", as amended) and
transferred at the end of such fiscal year from the General
Revenue Fund to the Build Illinois Purposes Fund (now
abolished) as provided in Section 3-1001 of said Code;
provided, however, that no such reduction shall affect the
validity or enforceability of any Bonds issued prior to such
reduction. Such amount of authorized Bonds shall be exclusive
of any refunding Bonds issued pursuant to Section 15 of this
Act and exclusive of any Bonds issued pursuant to this Section
which are redeemed, purchased, advance refunded, or defeased
in accordance with paragraph (f) of Section 4 of this Act.
Bonds shall be issued for the categories and specific purposes
expressed in Section 4 of this Act.
(Source: P.A. 101-30, eff. 6-28-19.)
Section 20-30. The Build Illinois Act is amended by
changing Sections 9-4.2, 9-5.2, and 23-1 as follows:
(30 ILCS 750/9-4.2) (from Ch. 127, par. 2709-4.2)
Sec. 9-4.2. Illinois Capital Revolving Loan Fund.
(a) There is hereby created the Illinois Capital Revolving
Loan Fund, hereafter referred to in this Article as the
"Capital Fund" to be held as a separate fund within the State

Treasury.
The purpose of the Capital Fund is to finance intermediary
agreements, administration, technical assistance agreements,
loans, grants, or investments in Illinois. In addition, funds
may be used for a one time transfer in fiscal year 1994, not to
exceed the amounts appropriated, to the Public Infrastructure
Construction Loan Revolving Fund for grants and loans pursuant
to the Public Infrastructure Loan and Grant Program Act.
Investments, administration, grants, and financial aid shall
be used for the purposes set for in this Article. Loan
financing will be in the form of loan agreements pursuant to
the terms and conditions set forth in this Article. All loans
shall be conditioned on the project receiving financing from
participating lenders or other investors. Loan proceeds shall
be available for project costs, except for debt refinancing.
(b) There shall be deposited in the Capital Fund such
amounts, including but not limited to:
(i) All receipts, including dividends, principal and
interest payments and royalties, from any applicable loan,
intermediary, or technical assistance agreement made from
the Capital Fund or from direct appropriations from the
Build Illinois Bond Fund or the Build Illinois Purposes
Fund (now abolished) or the General Revenue Fund by the
General Assembly entered into by the Department;
(ii) All proceeds of assets of whatever nature
received by the Department as a result of default or

delinquency with respect to loan agreements made from the
Capital Fund or from direct appropriations by the General
Assembly, including proceeds from the sale, disposal,
lease or rental of real or personal property which the
Department may receive as a result thereof;
(iii) Any appropriations, grants or gifts made to the
Capital Fund;
(iv) Any income received from interest on investments
of moneys in the Capital Fund;
(v) All moneys resulting from the collection of
premiums, fees, charges, costs, and expenses in connection
with the Capital Fund as described in subsection (e) of
Section 9-3.
(c) The Treasurer may invest moneys in the Capital Fund in
securities constituting obligations of the United States
Government, or in obligations the principal of and interest on
which are guaranteed by the United States Government, in
obligations the principal of and interest on which are
guaranteed by the United States Government, or in certificates
of deposit of any State or national bank which are fully
secured by obligations guaranteed as to principal and interest
by the United States Government.
(Source: P.A. 100-377, eff. 8-25-17.)
(30 ILCS 750/9-5.2) (from Ch. 127, par. 2709-5.2)
Sec. 9-5.2. Illinois Equity Fund.

(a) There is created the Illinois Equity Fund, to be held
as a separate fund within the State Treasury. The purpose of
the Illinois Equity Fund is to make equity investments in
Illinois. All financing will be done in conjunction with
participating lenders or other investors. Investment proceeds
may be directed to working capital expenses associated with
the introduction of new technical products or services of
individual business projects or may be used for equity finance
pools operated by intermediaries.
(b) There shall be deposited in the Illinois Equity Fund
such amounts, including but not limited to:
(i) All receipts including dividends, principal and
interest payments, royalties, or other return on
investment from any applicable loan made from the Illinois
Equity Fund, from direct appropriations by the General
Assembly from the Build Illinois Fund or the Build
Illinois Purposes Fund (now abolished), or from
intermediary agreements made from the Illinois Equity Fund
entered into by the Department;
(ii) All proceeds of assets of whatever nature
received by the Department as a result of default or
delinquency with respect to loan agreements made from the
Illinois Equity Fund, or from direct appropriations by the
General Assembly including proceeds from the sale,
disposal, lease or rental of real or personal property
which the Department may receive as a result thereof;

(iii) any appropriations, grants or gifts made to the
Illinois Equity Fund;
(iv) any income received from interest on investments
of moneys in the Illinois Equity Fund.
(c) The Treasurer may invest moneys in the Illinois Equity
Fund in securities constituting direct obligations of the
United States Government, or in obligations the principal of
and interest on which are guaranteed by the United States
Government, or in certificates of deposit of any State or
national bank which are fully secured by obligations
guaranteed as to principal and interest by the United States
Government.
(Source: P.A. 99-933, eff. 1-27-17.)
(30 ILCS 750/23-1) (from Ch. 127, par. 2723-1)
Sec. 23-1. Wages of laborers, mechanics and other workers
employed on all "public works" projects undertaken pursuant to
contracts financed with appropriations from the Build Illinois
Bond Fund or the Build Illinois Purposes Fund shall be subject
to the provisions of the Prevailing Wage Act.
(Source: P.A. 86-1475.)
Section 20-35. The Police and Community Relations
Improvement Act is amended by changing Section 1-10 as
follows:

(50 ILCS 727/1-10)
Sec. 1-10. Investigation of officer-involved deaths;
requirements.
(a) Each law enforcement agency shall have a written
policy regarding the investigation of officer-involved deaths
that involve a law enforcement officer employed by that law
enforcement agency.
(b) Each officer-involved death investigation shall be
conducted by at least 2 investigators, or an entity or agency
comprised of at least 2 investigators, one of whom is the lead
investigator. The lead investigator shall be a person
certified by the Illinois Law Enforcement Training Standards
Board as a Lead Homicide Investigator, or similar training
approved by the Illinois Law Enforcement Training Standards
Board or the Illinois State Police, or similar training
provided at an Illinois Law Enforcement Training Standards
Board certified school. No investigator involved in the
investigation may be employed by the law enforcement agency
that employs the officer involved in the officer-involved
death, unless the investigator is employed by the Illinois
State Police and is not assigned to the same division or unit
as the officer involved in the death.
(c) In addition to the requirements of subsection (b) of
this Section, if the officer-involved death being investigated
involves a motor vehicle accident, at least one investigator
shall be certified by the Illinois Law Enforcement Training

Standards Board as a Crash Reconstruction Specialist, or
similar training approved by the Illinois Law Enforcement
Training Standards Board or the Illinois State Police, or
similar training provided at an Illinois Law Enforcement
Training Standards Board certified school. Notwithstanding the
requirements of subsection (b) of this Section, the policy for
a law enforcement agency, when the officer-involved death
being investigated involves a motor vehicle collision, may
allow the use of an investigator who is employed by that law
enforcement agency and who is certified by the Illinois Law
Enforcement Training Standards Board as a Crash Reconstruction
Specialist, or similar training approved by the Illinois Law
Enforcement Training and Standards Board, or similar certified
training approved by the Illinois State Police, or similar
training provided at an Illinois Law Enforcement Training and
Standards Board certified school.
(d) The investigators conducting the investigation shall,
in an expeditious manner, provide a complete report to the
State's Attorney of the county in which the officer-involved
death occurred.
(e) If the State's Attorney, or a designated special
prosecutor, determines there is no basis to prosecute the law
enforcement officer involved in the officer-involved death, or
if the law enforcement officer is not otherwise charged or
indicted, the investigators shall publicly release a report.
(Source: P.A. 102-538, eff. 8-20-21.)

Section 20-40. The Fair and Exposition Authority
Reconstruction Act is amended by changing Section 8 as
follows:
(70 ILCS 215/8) (from Ch. 85, par. 1250.8)
Sec. 8. Appropriations may be made from time to time by the
General Assembly to the Metropolitan Pier and Exposition
Authority for the payment of principal and interest of bonds
of the Authority issued under the provisions of this Act and
for any other lawful purpose of the Authority. Any and all of
the funds so received shall be kept separate and apart from any
and all other funds of the Authority. After there has been paid
into the Metropolitan Fair and Exposition Authority
Reconstruction Fund in the State Treasury sufficient money,
pursuant to this Section and Sections 2 and 29 of the Cigarette
Tax Act, to retire all bonds payable from that Fund, the taxes
derived from Section 28 of the Illinois Horse Racing Act of
1975 which were required to be paid into that Fund pursuant to
that Act shall thereafter be paid into the General Revenue
Fund in the State Treasury.
(Source: P.A. 102-16, eff. 6-17-21.)
Section 20-45. The Higher Education Student Assistance Act
is amended by changing Section 52 as follows:

(110 ILCS 947/52)
Sec. 52. Golden Apple Scholars of Illinois Program; Golden
Apple Foundation for Excellence in Teaching.
(a) In this Section, "Foundation" means the Golden Apple
Foundation for Excellence in Teaching, a registered 501(c)(3)
not-for-profit corporation.
(a-2) In order to encourage academically talented Illinois
students, especially minority students, to pursue teaching
careers, especially in teacher shortage disciplines (which
shall be defined to include early childhood education) or at
hard-to-staff schools (as defined by the Commission in
consultation with the State Board of Education), to provide
those students with the crucial mentoring, guidance, and
in-service support that will significantly increase the
likelihood that they will complete their full teaching
commitments and elect to continue teaching in targeted
disciplines and hard-to-staff schools, and to ensure that
students in this State will continue to have access to a pool
of highly-qualified teachers, each qualified student shall be
awarded a Golden Apple Scholars of Illinois Program
scholarship to any Illinois institution of higher learning.
The Commission shall administer the Golden Apple Scholars of
Illinois Program, which shall be managed by the Foundation
pursuant to the terms of a grant agreement meeting the
requirements of Section 4 of the Illinois Grant Funds Recovery
Act.

(a-3) For purposes of this Section, a qualified student
shall be a student who meets the following qualifications:
(1) is a resident of this State and a citizen or
eligible noncitizen of the United States;
(2) is a high school graduate or a person who has
received a high school equivalency certificate;
(3) is enrolled or accepted, on at least a half-time
basis, at an institution of higher learning;
(4) is pursuing a postsecondary course of study
leading to initial certification or pursuing additional
course work needed to gain State Board of Education
approval to teach, including alternative teacher
licensure; and
(5) is a participant in programs managed by and is
approved to receive a scholarship from the Foundation.
(a-5) (Blank).
(b) (Blank).
(b-5) Funds designated for the Golden Apple Scholars of
Illinois Program shall be used by the Commission for the
payment of scholarship assistance under this Section or for
the award of grant funds, subject to the Illinois Grant Funds
Recovery Act, to the Foundation. Subject to appropriation,
awards of grant funds to the Foundation shall be made on an
annual basis and following an application for grant funds by
the Foundation.
(b-10) Each year, the Foundation shall include in its

application to the Commission for grant funds an estimate of
the amount of scholarship assistance to be provided to
qualified students during the grant period. Any amount of
appropriated funds exceeding the estimated amount of
scholarship assistance may be awarded by the Commission to the
Foundation for management expenses expected to be incurred by
the Foundation in providing the mentoring, guidance, and
in-service supports that will increase the likelihood that
qualified students will complete their teaching commitments
and elect to continue teaching in hard-to-staff schools. If
the estimate of the amount of scholarship assistance described
in the Foundation's application is less than the actual amount
required for the award of scholarship assistance to qualified
students, the Foundation shall be responsible for using
awarded grant funds to ensure all qualified students receive
scholarship assistance under this Section.
(b-15) All grant funds not expended or legally obligated
within the time specified in a grant agreement between the
Foundation and the Commission shall be returned to the
Commission within 45 days. Any funds legally obligated by the
end of a grant agreement shall be liquidated within 45 days or
otherwise returned to the Commission within 90 days after the
end of the grant agreement that resulted in the award of grant
funds.
(c) Each scholarship awarded under this Section shall be
in an amount sufficient to pay the tuition and fees and room

and board costs of the Illinois institution of higher learning
at which the recipient is enrolled, up to an annual maximum of
$5,000; except that in the case of a recipient who does not
reside on-campus at the institution of higher learning at
which he or she is enrolled, the amount of the scholarship
shall be sufficient to pay tuition and fee expenses and a
commuter allowance, up to an annual maximum of $5,000. All
scholarship funds distributed in accordance with this Section
shall be paid to the institution on behalf of recipients.
(d) The total amount of scholarship assistance awarded by
the Commission under this Section to an individual in any
given fiscal year, when added to other financial assistance
awarded to that individual for that year, shall not exceed the
cost of attendance at the institution of higher learning at
which the student is enrolled. In any academic year for which a
qualified student under this Section accepts financial
assistance through any other teacher scholarship program
administered by the Commission, a qualified student shall not
be eligible for scholarship assistance awarded under this
Section.
(e) A recipient may receive up to 8 semesters or 12
quarters of scholarship assistance under this Section.
Scholarship funds are applicable toward 2 semesters or 3
quarters of enrollment each academic year.
(f) All applications for scholarship assistance to be
awarded under this Section shall be made to the Foundation in a

form determined by the Foundation. Each year, the Foundation
shall notify the Commission of the individuals awarded
scholarship assistance under this Section. Each year, at least
30% of the Golden Apple Scholars of Illinois Program
scholarships shall be awarded to students residing in counties
having a population of less than 500,000.
(g) (Blank).
(h) The Commission shall administer the payment of
scholarship assistance provided through the Golden Apple
Scholars of Illinois Program and shall make all necessary and
proper rules not inconsistent with this Section for the
effective implementation of this Section.
(i) Prior to receiving scholarship assistance for any
academic year, each recipient of a scholarship awarded under
this Section shall be required by the Foundation to sign an
agreement under which the recipient pledges that, within the
2-year period following the termination of the academic
program for which the recipient was awarded a scholarship, the
recipient: (i) shall begin teaching for a period of not less
than 5 years, (ii) shall fulfill this teaching obligation at a
nonprofit Illinois public, private, or parochial preschool or
an Illinois public elementary or secondary school that
qualifies for teacher loan cancellation under Section
465(a)(2)(A) of the federal Higher Education Act of 1965 (20
U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed
eligible for fulfilling the teaching commitment as designated

by the Foundation, and (iii) shall, upon request of the
Foundation, provide the Foundation with evidence that he or
she is fulfilling or has fulfilled the terms of the teaching
agreement provided for in this subsection. Upon request, the
Foundation shall provide evidence of teacher fulfillment to
the Commission.
(j) If a recipient of a scholarship awarded under this
Section fails to fulfill the teaching obligation set forth in
subsection (i) of this Section, the Commission shall require
the recipient to repay the amount of the scholarships
received, prorated according to the fraction of the teaching
obligation not completed, plus interest at a rate of 5% and if
applicable, reasonable collection fees. Payments received by
the Commission under this subsection (j) shall be remitted to
the State Comptroller for deposit into the General Revenue
Fund, except that that portion of a recipient's repayment that
equals the amount in expenses that the Commission has
reasonably incurred in attempting collection from that
recipient shall be remitted to the State Comptroller for
deposit into the ISAC Commission's Accounts Receivable Fund, a
special fund in the State treasury.
(k) A recipient of a scholarship awarded by the Foundation
under this Section shall not be considered to have failed to
fulfill the teaching obligations of the agreement entered into
pursuant to subsection (i) if the recipient (i) enrolls on a
full-time basis as a graduate student in a course of study

related to the field of teaching at an institution of higher
learning; (ii) is serving as a member of the armed services of
the United States; (iii) is a person with a temporary total
disability, as established by sworn affidavit of a qualified
physician; (iv) is seeking and unable to find full-time
employment as a teacher at a school that satisfies the
criteria set forth in subsection (i) and is able to provide
evidence of that fact; (v) is taking additional courses, on at
least a half-time basis, needed to obtain certification as a
teacher in Illinois; (vi) is fulfilling teaching requirements
associated with other programs administered by the Commission
and cannot concurrently fulfill them under this Section in a
period of time equal to the length of the teaching obligation;
or (vii) is participating in a program established under
Executive Order 10924 of the President of the United States or
the federal National Community Service Act of 1990 (42 U.S.C.
12501 et seq.). Any such extension of the period during which
the teaching requirement must be fulfilled shall be subject to
limitations of duration as established by the Commission.
(l) A recipient who fails to fulfill the teaching
obligations of the agreement entered into pursuant to
subsection (i) of this Section shall repay the amount of
scholarship assistance awarded to them under this Section
within 10 years.
(m) Annually, at a time determined by the Commission in
consultation with the Foundation, the Foundation shall submit

a report to assist the Commission in monitoring the
Foundation's performance of grant activities. The report shall
describe the following:
(1) the Foundation's anticipated expenditures for the
next fiscal year;
(2) the number of qualified students receiving
scholarship assistance at each institution of higher
learning where a qualified student was enrolled under this
Section during the previous fiscal year;
(3) the total monetary value of scholarship funds paid
to each institution of higher learning at which a
qualified student was enrolled during the previous fiscal
year;
(4) the number of scholarship recipients who completed
a baccalaureate degree during the previous fiscal year;
(5) the number of scholarship recipients who fulfilled
their teaching obligation during the previous fiscal year;
(6) the number of scholarship recipients who failed to
fulfill their teaching obligation during the previous
fiscal year;
(7) the number of scholarship recipients granted an
extension described in subsection (k) of this Section
during the previous fiscal year;
(8) the number of scholarship recipients required to
repay scholarship assistance in accordance with subsection
(j) of this Section during the previous fiscal year;

(9) the number of scholarship recipients who
successfully repaid scholarship assistance in full during
the previous fiscal year;
(10) the number of scholarship recipients who
defaulted on their obligation to repay scholarship
assistance during the previous fiscal year;
(11) the amount of scholarship assistance subject to
collection in accordance with subsection (j) of this
Section at the end of the previous fiscal year;
(12) the amount of collected funds to be remitted to
the Comptroller in accordance with subsection (j) of this
Section at the end of the previous fiscal year; and
(13) other information that the Commission may
reasonably request.
(n) Nothing in this Section shall affect the rights of the
Commission to collect moneys owed to it by recipients of
scholarship assistance through the Illinois Future Teacher
Corps Program, repealed by Public Act 98-533 this amendatory
Act of the 98th General Assembly.
(o) The Auditor General shall prepare an annual audit of
the operations and finances of the Golden Apple Scholars of
Illinois Program. This audit shall be provided to the
Governor, General Assembly, and the Commission.
(p) The suspension of grant making authority found in
Section 4.2 of the Illinois Grant Funds Recovery Act shall not
apply to grants made pursuant to this Section.

(Source: P.A. 98-533, eff. 8-23-13; 98-718, eff. 1-1-15;
99-143, eff. 7-27-15.)
Section 20-50. The Nurse Educator Assistance Act is
amended by changing Section 15-30 as follows:
(110 ILCS 967/15-30)
Sec. 15-30. Repayment upon default; exception.
(a) If a recipient of a scholarship awarded under this
Section fails to fulfill the work agreement required under the
program, the Commission shall require the recipient to repay
the amount of the scholarship or scholarships received,
prorated according to the fraction of the work agreement not
completed, plus interest at a rate of 5% and, if applicable,
reasonable collection fees.
(b) Payments received by the Commission under this Section
shall be remitted to the State Comptroller for deposit into
the General Revenue Fund, except that that portion of a
recipient's repayment that equals the amount in expenses that
the Commission has reasonably incurred in attempting
collection from that recipient shall be remitted to the State
Comptroller for deposit into the ISAC Commission's Accounts
Receivable Fund.
(c) A recipient of a scholarship awarded by the Commission
under the program shall not be in violation of the agreement
entered into pursuant to this Article if the recipient is (i)

serving as a member of the armed services of the United States,
(ii) a person with a temporary total disability, as
established by a sworn affidavit of a qualified physician,
(iii) seeking and unable to find full-time employment as a
nursing educator and is able to provide evidence of that fact,
or (iv) taking additional courses, on at least a half-time
basis, related to nursing education. Any extension of the
period during which the work requirement must be fulfilled
shall be subject to limitations of duration established by the
Commission.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 20-55. The Solid Waste Site Operator Certification
Law is amended by changing Section 1011 as follows:
(225 ILCS 230/1011) (from Ch. 111, par. 7861)
Sec. 1011. Fees.
(a) Fees for the issuance or renewal of a Solid Waste Site
Operator Certificate shall be as follows:
(1)(A) $400 for issuance or renewal for Class A Solid
Waste Site Operators; (B) $200 for issuance or renewal for
Class B Solid Waste Site Operators; and (C) $100 for
issuance or renewal for special waste endorsements.
(2) If the fee for renewal is not paid within the grace
period the above fees for renewal shall each be increased
by $50.

(b) All Before the effective date of this amendatory Act
of the 98th General Assembly, all fees collected by the Agency
under this Section shall be deposited into the Hazardous Waste
Occupational Licensing Fund. The Agency is authorized to use
monies in the Hazardous Waste Occupational Licensing Fund to
perform its functions, powers, and duties under this Section.
On and after the effective date of this amendatory Act of the
98th General Assembly, all fees collected by the Agency under
this Section shall be deposited into the Environmental
Protection Permit and Inspection Fund to be used in accordance
with the provisions of subsection (a) of Section 22.8 of the
Environmental Protection Act.
(Source: P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)
Section 20-60. The Illinois Public Aid Code is amended by
changing Section 12-10.7 as follows:
(305 ILCS 5/12-10.7)
Sec. 12-10.7. The Health and Human Services Medicaid Trust
Fund. (a) The Health and Human Services Medicaid Trust Fund
shall consist of (i) moneys appropriated or transferred into
the Fund, pursuant to statute, (ii) federal financial
participation moneys received pursuant to expenditures from
the Fund, and (iii) the interest earned on moneys in the Fund.
(b) Subject to appropriation, the moneys in the Fund shall be
used by a State agency for such purposes as that agency may, by

the appropriation language, be directed.
(c) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,500,000 from the Health
and Human Services Medicaid Trust Fund to the Human Services
Priority Capital Program Fund.
(d) In addition to any other transfers that may be
provided for by law, on July 1, 2008, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,500,000 from the Health
and Human Services Medicaid Trust Fund to the Human Services
Priority Capital Program Fund.
(Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08.)
Section 20-65. The Energy Assistance Act is amended by
changing Section 10 as follows:
(305 ILCS 20/10) (from Ch. 111 2/3, par. 1410)
Sec. 10. Energy Assistance Funds.
(a) The AFDC Energy Assistance Fund is hereby created as a
special fund in the State Treasury.
The AFDC Energy Assistance Fund is authorized to receive
whether by appropriation, transfer, statutory deposit or fund
transfer, all amounts appropriated from State funds to the
Department of Human Services (acting as successor to the

Illinois Department of Public Aid under the Department of
Human Services Act) specifically for energy assistance
payments for persons and families receiving assistance
pursuant to Section 4-1 of the Illinois Public Aid Code and
subsection (c) of Section 6 of this Act, and any
administrative expense related thereto.
(b) Subject to appropriation by the General Assembly, the
Department is authorized to expend monies from the AFDC Energy
Assistance Fund for the following purposes:
(1) for energy assistance payments to or on behalf of
individuals or families who receive assistance pursuant to
Section 4-1 of The Illinois Public Aid Code in accordance
with the provisions of Section 6 of this Act; and
(2) for the necessary and contingent expenses of the
Department incurred in the administration of that portion
of the Act described in paragraph (1) of this subsection.
(c) The AFDC Energy Assistance Fund shall be inoperative
after September 30, 1991.
(d) Subject to appropriations made by the General
Assembly, the Department is authorized to expend monies from
the Low Income Home Energy Assistance Block Grant Fund for the
purpose of providing assistance pursuant to Section 6 of this
Act.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 20-70. The Environmental Protection Act is amended

by changing Sections 4, 9.9, and 22.8 as follows:
(415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
Sec. 4. Environmental Protection Agency; establishment;
duties.
(a) There is established in the Executive Branch of the
State Government an agency to be known as the Environmental
Protection Agency. This Agency shall be under the supervision
and direction of a Director who shall be appointed by the
Governor with the advice and consent of the Senate. The term of
office of the Director shall expire on the third Monday of
January in odd numbered years, provided that he or she shall
hold office until a successor is appointed and has qualified.
For terms ending before December 31, 2019, the Director shall
receive an annual salary as set by the Compensation Review
Board. For terms beginning after January 18, 2019 (the
effective date of Public Act 100-1179) 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 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
upon any private or public property for the purpose of:
(1) Inspecting and investigating to ascertain possible
violations of this Act, any rule or regulation adopted

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

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

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

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

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

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

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

whenever any hazardous substance or pesticide is released or
there is a substantial threat of such a release into the
environment. The State, the Director, and any State employee
shall be indemnified for any damages or injury arising out of
or resulting from any action taken under this subsection. The
Director of the Agency is authorized to enter into such
contracts and agreements as are necessary to carry out the
Agency's duties under this subsection.
(t) The Agency shall have authority to distribute grants,
subject to appropriation by the General Assembly, to units of
local government for financing and construction of wastewater
facilities in both incorporated and unincorporated areas. With
respect to all monies appropriated from the Build Illinois
Bond Fund 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).

(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 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. 99-937, eff. 2-24-17; 100-1179, eff. 1-18-19.)

(415 ILCS 5/9.9)
Sec. 9.9. Nitrogen oxides trading system.
(a) The General Assembly finds:
(1) That USEPA has issued a Final Rule published in
the Federal Register on October 27, 1998, entitled
"Finding of Significant Contribution and Rulemaking for
Certain States in the Ozone Transport Assessment Group
Region for Purposes of Reducing Regional Transport of
Ozone", hereinafter referred to as the "NOx SIP Call",
compliance with which will require reducing emissions of
nitrogen oxides ("NOx");
(2) That reducing emissions of NOx in the State helps
the State to meet the national ambient air quality
standard for ozone;
(3) That emissions trading is a cost-effective means
of obtaining reductions of NOx emissions.
(b) The Agency shall propose and the Board shall adopt
regulations to implement an interstate NOx trading program
(hereinafter referred to as the "NOx Trading Program") as
provided for in 40 CFR Part 96, including incorporation by
reference of appropriate provisions of 40 CFR Part 96 and
regulations to address 40 CFR Section 96.4(b), Section
96.55(c), Subpart E, and Subpart I. In addition, the Agency
shall propose and the Board shall adopt regulations to
implement NOx emission reduction programs for cement kilns and

stationary internal combustion engines.
(c) Allocations of NOx allowances to large electric
generating units ("EGUs") and large non-electric generating
units ("non-EGUs"), as defined by 40 CFR Part 96.4(a), shall
not exceed the State's trading budget for those source
categories to be included in the State Implementation Plan for
NOx.
(d) In adopting regulations to implement the NOx Trading
Program, the Board shall:
(1) assure that the economic impact and technical
feasibility of NOx emissions reductions under the NOx
Trading Program are considered relative to the traditional
regulatory control requirements in the State for EGUs and
non-EGUs;
(2) provide that emission units, as defined in Section
39.5(1) of this Act, may opt into the NOx Trading Program;
(3) provide for voluntary reductions of NOx emissions
from emission units, as defined in Section 39.5(1) of this
Act, not otherwise included under paragraph (c) or (d)(2)
of this Section to provide additional allowances to EGUs
and non-EGUs to be allocated by the Agency. The
regulations shall further provide that such voluntary
reductions are verifiable, quantifiable, permanent, and
federally enforceable;
(4) provide that the Agency allocate to non-EGUs
allowances that are designated in the rule, unless the

Agency has been directed to transfer the allocations to
another unit subject to the requirements of the NOx
Trading Program, and that upon shutdown of a non-EGU, the
unit may transfer or sell the NOx allowances that are
allocated to such unit;
(5) provide that the Agency shall set aside annually a
number of allowances, not to exceed 5% of the total EGU
trading budget, to be made available to new EGUs; and
(6) provide that those EGUs that commence commercial
operation, as defined in 40 CFR Section 96.2, at a time
that is more than half way through the control period in
2003 shall return to the Agency any allowances that were
issued to it by the Agency and were not used for compliance
in 2004.
(d-5) The Agency may sell NOx allowances to sources in
Illinois that are subject to 35 Ill. Adm. Code 217, either
Subpart U or W, as follows:
(1) any unearned Early Reduction Credits set aside for
non-EGUs under 35 Ill. Adm. Code 217, Subpart U, but only
to those sources that make qualifying early reductions of
NOx in 2003 pursuant to 35 Ill. Adm. Code 217 for which the
source did not receive an allocation thereunder. If the
Agency receives requests to purchase more ERCs than are
available for sale, allowances shall be offered for sale
to qualifying sources on a pro-rata basis;
(2) any remaining Early Reduction Credits allocated

under 35 Ill. Adm. Code 217, Subpart U or W, that could not
be allocated on a pro-rata, whole allowance basis, but
only to those sources that made qualifying early
reductions of NOx in 2003 pursuant to 35 Ill. Adm. Code 217
for which the source did not receive an allocation;
(3) any allowances under 35 Ill. Adm. Code 217,
Subpart W, that remain after each 3-year allocation period
that could not be allocated on a pro-rata, whole allowance
basis pursuant to the provisions of Subpart W; and
(4) any allowances requested from the New Source Set
Aside for those sources that commenced operation, as
defined in 40 CFR Section 96.2, on or after January 1,
2004.
(d-10) The selling price for ERC allowances shall be 70%
of the market price index for 2005 NOx allowances, determined
by the Agency as follows:
(1) using the mean of 2 or more published market price
indexes for the 2005 NOx allowances as of October 6, 2003;
or
(2) if there are not 2 published market price indexes
for 2005 NOx allowances as of October 6, 2003, the Agency
may use any reasonable indication of market price.
(e) The Agency may adopt procedural rules, as necessary,
to implement the regulations promulgated by the Board pursuant
to subsections (b) and (d) and to implement subsections (d-5),
(d-10), (i), and (j) of this Section.

(f) Notwithstanding any provisions in subparts T, U, and W
of Section 217 of Title 35 of the Illinois Administrative Code
to the contrary, compliance with the regulations promulgated
by the Board pursuant to subsections (b) and (d) of this
Section is required by May 31, 2004.
(g) To the extent that a court of competent jurisdiction
finds a provision of 40 CFR Part 96 invalid, the corresponding
Illinois provision shall be stayed until such provision of 40
CFR Part 96 is found to be valid or is re-promulgated. To the
extent that USEPA or any court of competent jurisdiction stays
the applicability of any provision of the NOx SIP Call to any
person or circumstance relating to Illinois, during the period
of that stay, the effectiveness of the corresponding Illinois
provision shall be stayed. To the extent that the invalidity
of the particular requirement or application does not affect
other provisions or applications of the NOx SIP Call pursuant
to 40 CFR 51.121 or the NOx trading program pursuant to 40 CFR
Part 96 or 40 CFR Part 97, this Section, and rules or
regulations promulgated hereunder, will be given effect
without the invalid provisions or applications.
(h) Notwithstanding any other provision of this Act, any
source or other authorized person that participates in the NOx
Trading Program shall be eligible to exchange NOx allowances
with other sources in accordance with this Section and with
regulations promulgated by the Board or the Agency.
(i) (Blank). There is hereby created within the State

Treasury an interest-bearing special fund to be known as the
NOx Trading System Fund. Moneys generated from the sale of NOx
allowances from the New Source Set Aside or the sale of
allowances pursuant to subsection (d-5) of this Section shall
be deposited into the Fund. This Fund shall be used and
administered by the Agency for the purposes stated below:
(1) To accept funds from persons who purchase NOx
allowances from the New Source Set Aside from the Agency;
(2) To disburse the proceeds of the sale of the NOx
allowances from the New Source Set Aside, to the extent
that proceeds remain after the Agency has recouped the
reasonable costs incurred by the Agency in the
administration of the NOx SIP Call Program, pro-rata to
the owners or operators of the EGUs that received
allowances from the Agency but not from the Agency's New
Source Set Aside, in accordance with regulations that may
be promulgated by the Agency; and
(3) To finance the reasonable costs incurred by the
Agency in the administration of the NOx SIP Call Program.
(j) Moneys generated from the sale of early reduction
credits shall be deposited into the Clean Air Act Permit Fund
created pursuant to Section 39.5(18)(d) of this Act, and the
proceeds shall be used and administered by the Agency to
finance the costs associated with the Clean Air Act Permit
Program.
(Source: P.A. 92-12, eff. 7-1-01; 92-279, eff. 8-7-01; 93-669,

eff. 3-19-04.)
(415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
Sec. 22.8. Environmental Protection Permit and Inspection
Fund.
(a) There is hereby created in the State Treasury a
special fund to be known as the Environmental Protection
Permit and Inspection Fund. All fees collected by the Agency
pursuant to this Section, Section 9.6, 12.2, 16.1, 56.4, 56.5,
56.6, and subsection (f) of Section 5 of this Act, or pursuant
to Section 22 of the Public Water Supply Operations Act or
Section 1011 of the Solid Waste Site Operator Certification
Law, as well as funds collected under subsection (b.5) of
Section 42 of this Act, shall be deposited into the Fund. In
addition to any monies appropriated from the General Revenue
Fund, monies in the Fund shall be appropriated by the General
Assembly to the Agency in amounts deemed necessary for
manifest, permit, and inspection activities and for performing
its functions, powers, and duties under the Solid Waste Site
Operator Certification Law.
The General Assembly may appropriate monies in the Fund
deemed necessary for Board regulatory and adjudicatory
proceedings.
(a-5) (Blank). As soon as practicable after the effective
date of this amendatory Act of the 98th General Assembly, but
no later than January 1, 2014, the State Comptroller shall

direct and the State Treasurer shall transfer all monies in
the Industrial Hygiene Regulatory and Enforcement Fund to the
Environmental Protection Permit and Inspection Fund to be used
in accordance with the terms of the Environmental Protection
Permit and Inspection Fund.
(a-6) (Blank). As soon as practicable after the effective
date of this amendatory Act of the 98th General Assembly, but
no later than December 31, 2014, the State Comptroller shall
order the transfer of, and the State Treasurer shall transfer,
all moneys in the Hazardous Waste Occupational Licensing Fund
into the Environmental Protection Permit and Inspection Fund
to be used in accordance with the terms of the Environmental
Protection Permit and Inspection Fund.
(b) The Agency shall collect from the owner or operator of
any of the following types of hazardous waste disposal sites
or management facilities which require a RCRA permit under
subsection (f) of Section 21 of this Act, or a UIC permit under
subsection (g) of Section 12 of this Act, an annual fee in the
amount of:
(1) $35,000 ($70,000 beginning in 2004) for a
hazardous waste disposal site receiving hazardous waste if
the hazardous waste disposal site is located off the site
where such waste was produced;
(2) $9,000 ($18,000 beginning in 2004) for a hazardous
waste disposal site receiving hazardous waste if the
hazardous waste disposal site is located on the site where

such waste was produced;
(3) $7,000 ($14,000 beginning in 2004) for a hazardous
waste disposal site receiving hazardous waste if the
hazardous waste disposal site is an underground injection
well;
(4) $2,000 ($4,000 beginning in 2004) for a hazardous
waste management facility treating hazardous waste by
incineration;
(5) $1,000 ($2,000 beginning in 2004) for a hazardous
waste management facility treating hazardous waste by a
method, technique or process other than incineration;
(6) $1,000 ($2,000 beginning in 2004) for a hazardous
waste management facility storing hazardous waste in a
surface impoundment or pile;
(7) $250 ($500 beginning in 2004) for a hazardous
waste management facility storing hazardous waste other
than in a surface impoundment or pile; and
(8) Beginning in 2004, $500 for a large quantity
hazardous waste generator required to submit an annual or
biennial report for hazardous waste generation.
(c) Where two or more operational units are located within
a single hazardous waste disposal site, the Agency shall
collect from the owner or operator of such site an annual fee
equal to the highest fee imposed by subsection (b) of this
Section upon any single operational unit within the site.
(d) The fee imposed upon a hazardous waste disposal site

under this Section shall be the exclusive permit and
inspection fee applicable to hazardous waste disposal at such
site, provided that nothing in this Section shall be construed
to diminish or otherwise affect any fee imposed upon the owner
or operator of a hazardous waste disposal site by Section
22.2.
(e) The Agency shall establish procedures, no later than
December 1, 1984, relating to the collection of the hazardous
waste disposal site fees authorized by this Section. Such
procedures shall include, but not be limited to the time and
manner of payment of fees to the Agency, which shall be
quarterly, payable at the beginning of each quarter for
hazardous waste disposal site fees. Annual fees required under
paragraph (7) of subsection (b) of this Section shall
accompany the annual report required by Board regulations for
the calendar year for which the report applies.
(f) For purposes of this Section, a hazardous waste
disposal site consists of one or more of the following
operational units:
(1) a landfill receiving hazardous waste for disposal;
(2) a waste pile or surface impoundment, receiving
hazardous waste, in which residues which exhibit any of
the characteristics of hazardous waste pursuant to Board
regulations are reasonably expected to remain after
closure;
(3) a land treatment facility receiving hazardous

waste; or
(4) a well injecting hazardous waste.
(g) The Agency shall assess a fee for each manifest
provided by the Agency. For manifests provided on or after
January 1, 1989 but before July 1, 2003, the fee shall be $1
per manifest. For manifests provided on or after July 1, 2003,
the fee shall be $3 per manifest.
(Source: P.A. 98-78, eff. 7-15-13; 98-692, eff. 7-1-14;
98-822, eff. 8-1-14.)
Section 20-75. The Toxic Pollution Prevention Act is
amended by changing Section 5 as follows:
(415 ILCS 85/5) (from Ch. 111 1/2, par. 7955)
Sec. 5. Toxic Pollution Prevention Assistance Program.
There is hereby established a Toxic Pollution Prevention
Assistance Program at the Illinois Sustainable Technology
Center. The Center may establish cooperative programs with
public and private colleges and universities designed to
augment the implementation of this Section. The Center may
establish fees, tuition, or other financial charges for
participation in the Assistance Program. These monies shall be
deposited in the Toxic Pollution Prevention Fund established
in Section 7 of this Act. Through the Assistance Program, the
Center:
(1) Shall provide general information about and

actively publicize the advantages of and developments in
toxic pollution prevention and sustainability practices.
(2) May establish courses, seminars, conferences and
other events, and reports, updates, guides and other
publications and other means of providing technical
information for industries, local governments and citizens
concerning toxic pollution prevention strategies, and may,
as appropriate, work in cooperation with the Agency.
(3) Shall engage in research on toxic pollution
prevention methods. Such research shall include
assessments of the impact of adopting toxic pollution
prevention methods on the environment, the public health,
and worker exposure, and assessments of the impact on
profitability and employment within affected industries.
(4) Shall provide on-site technical consulting, to the
extent practicable, to help facilities to identify
opportunities for toxic pollution prevention, and to
develop comprehensive toxic pollution prevention plans
that would include water, energy, and solid waste. To be
eligible for such consulting, the owner or operator of a
facility must agree to allow information regarding the
results of such consulting to be shared with the public,
provided that the identity of the facility shall be made
available only with its consent, and trade secret
information shall remain protected.
(5) May sponsor pilot projects in cooperation with the

Agency, or an institute of higher education to develop and
demonstrate innovative technologies and methods for toxic
pollution prevention and sustainable development. The
results of all such projects shall be available for use by
the public, but trade secret information shall remain
protected.
(6) May award grants for activities that further the
purposes of this Act, including but not limited to the
following:
(A) grants to not-for-profit organizations to
establish free or low-cost technical assistance or
educational programs to supplement the toxic pollution
prevention activities of the Center;
(B) grants to assist trade associations, business
organizations, labor organizations and educational
institutions in developing training materials to
foster toxic pollution prevention; and
(C) grants to assist industry, business
organizations, labor organizations, education
institutions and industrial hygienists to identify,
evaluate and implement toxic pollution prevention
measures and alternatives through audits, plans and
programs.
The Center may establish criteria and terms for such
grants, including a requirement that a grantee provide
matching funds. Grant money awarded under this Section may

not be spent for capital improvements or equipment.
In determining whether to award a grant, the Center
shall consider at least the following:
(i) the potential of the project to prevent
pollution;
(ii) the likelihood that the project will develop
techniques or processes that will minimize the
transfer of pollution from one environmental medium to
another;
(iii) the extent to which information to be
developed through the project will be applicable to
other persons in the State; and
(iv) the willingness of the grant applicant to
assist the Center in disseminating information about
the pollution prevention methods to be developed
through the project.
(7) Shall establish and operate a State information
clearinghouse that assembles, catalogues and disseminates
information about toxic pollution prevention and available
consultant services. Such clearinghouse shall include a
computer database containing information on managerial,
technical and operational approaches to achieving toxic
pollution prevention. The computer database must be
maintained on a system designed to enable businesses,
governmental agencies and the general public readily to
obtain information specific to production technologies,

materials, operations and products. A business shall not
be required to submit to the clearinghouse any information
that is a trade secret.
(8) May contract with an established institution of
higher education to assist the Center in carrying out the
provisions of this Section. The assistance provided by
such an institution may include, but need not be limited
to:
(A) engineering field internships to assist
industries in identifying toxic pollution prevention
opportunities;
(B) development of a toxic pollution prevention
curriculum for students and faculty; and
(C) applied toxic pollution prevention and
recycling research.
(9) Shall emphasize assistance to businesses that have
inadequate technical and financial resources to obtain
information and to assess and implement toxic pollution
prevention methods.
(10) Shall publish a biannual report on its toxic
pollution prevention and sustainable development
activities, achievements, identified problems and future
goals.
(Source: P.A. 98-346, eff. 8-14-13.)
Section 20-80. The Illinois Endangered Species Protection

Act is amended by changing Section 10 as follows:
(520 ILCS 10/10) (from Ch. 8, par. 340)
Sec. 10. The Endangered and Threatened Species Program
shall be located within the Department of Conservation. All
fines collected under this Act shall be paid to the State
Treasurer and deposited in the Illinois Wildlife Preservation
Nongame Wildlife Conservation Fund.
(Source: P.A. 84-1065.)
Section 20-85. The Illinois Vehicle Code is amended by
changing Section 11-1429 as follows:
(625 ILCS 5/11-1429)
Sec. 11-1429. Excessive idling.
(a) The purpose of this law is to protect public health and
the environment by reducing emissions while conserving fuel
and maintaining adequate rest and safety of all drivers of
diesel vehicles.
(b) As used in this Section, "affected areas" means the
counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison,
St. Clair, and Monroe and the townships of Aux Sable and Goose
Lake in Grundy County and the township of Oswego in Kendall
County.
(c) A person that operates a motor vehicle operating on
diesel fuel in an affected area may not cause or allow the

motor vehicle, when it is not in motion, to idle for more than
a total of 10 minutes within any 60 minute period, except under
the following circumstances:
(1) the motor vehicle has a Gross Vehicle Weight
Rating of less than 8,000 pounds;
(2) the motor vehicle idles while forced to remain
motionless because of on-highway traffic, an official
traffic control device or signal, or at the direction of a
law enforcement official;
(3) the motor vehicle idles when operating defrosters,
heaters, air conditioners, or other equipment solely to
prevent a safety or health emergency;
(4) a police, fire, ambulance, public safety, other
emergency or law enforcement motor vehicle, or any motor
vehicle used in an emergency capacity, idles while in an
emergency or training mode and not for the convenience of
the vehicle operator;
(5) the primary propulsion engine idles for
maintenance, servicing, repairing, or diagnostic purposes
if idling is necessary for such activity;
(6) a motor vehicle idles as part of a government
inspection to verify that all equipment is in good working
order, provided idling is required as part of the
inspection;
(7) when idling of the motor vehicle is required to
operate auxiliary equipment to accomplish the intended use

of the vehicle (such as loading, unloading, mixing, or
processing cargo; controlling cargo temperature;
construction operations; lumbering operations; oil or gas
well servicing; or farming operations), provided that this
exemption does not apply when the vehicle is idling solely
for cabin comfort or to operate non-essential equipment
such as air conditioning, heating, microwave ovens, or
televisions;
(8) an armored motor vehicle idles when a person
remains inside the vehicle to guard the contents, or while
the vehicle is being loaded or unloaded;
(9) a bus idles a maximum of 15 minutes in any 60
minute period to maintain passenger comfort while
non-driver passengers are on board;
(10) if the motor vehicle has a sleeping berth, when
the operator is occupying the vehicle during a rest or
sleep period and idling of the vehicle is required to
operate air conditioning or heating;
(11) when the motor vehicle idles due to mechanical
difficulties over which the operator has no control;
(12) the motor vehicle is used as airport ground
support equipment, including, but not limited to, motor
vehicles operated on the air side of the airport terminal
to service or supply aircraft;
(13) the motor vehicle is (i) a bus owned by a public
transit authority and (ii) being operated on a designated

bus route or on a street or highway between designated bus
routes for the provision of public transportation;
(14) the motor vehicle is an implement of husbandry
exempt from registration under subdivision A(2) of Section
3-402 of this Code;
(15) the motor vehicle is owned by an electric utility
and is operated for electricity generation or hydraulic
pressure to power equipment necessary in the restoration,
repair, modification or installation of electric utility
service;
(16) the outdoor temperature is less than 32 degrees
Fahrenheit or greater than 80 degrees Fahrenheit; or
(17) the motor vehicle idles while being operated by a
remote starter system.
(d) When the outdoor temperature is 32 degrees Fahrenheit
or higher and 80 degrees Fahrenheit or lower, a person who
operates a motor vehicle operating on diesel fuel in an
affected area may not cause or allow the motor vehicle to idle
for a period greater than 30 minutes in any 60 minute period
while waiting to weigh, load, or unload cargo or freight,
unless the vehicle is in a line of vehicles that regularly and
periodically moves forward.
(e) This Section does not prohibit the operation of an
auxiliary power unit or generator set as an alternative to
idling the main engine of a motor vehicle operating on diesel
fuel.

(f) This Section does not apply to the owner of a motor
vehicle rented or leased to another entity or person operating
the vehicle.
(g) Any person convicted of any violation of this Section
is guilty of a petty offense and shall be fined $90 for the
first conviction and $500 for a second or subsequent
conviction within any 12 month period.
(h) Fines; distribution. All fines and all penalties
collected under this Section shall be deposited in the State
Treasury and shall be distributed as follows: (i) $50 for the
first conviction and $150 for a second or subsequent
conviction within any 12 month period under this Section shall
be deposited into the State's General Revenue Fund; (ii) $20
for the first conviction and $262.50 for a second or
subsequent conviction within any 12 month period under this
Section shall be distributed to the law enforcement agency
that issued the citation; and (iii) $20 for the first
conviction and $87.50 for a second or subsequent conviction
within any 12 month period under this Section shall be
deposited into the Vehicle Inspection Trucking Environmental
and Education Fund.
(i) (Blank). The Trucking Environmental and Education Fund
is created as a special fund in the State Treasury. All money
deposited into the Trucking Environmental and Education Fund
shall be paid, subject to appropriation by the General
Assembly, to the Illinois Environmental Protection Agency for

the purpose of educating the trucking industry on air
pollution and preventative measures specifically related to
idling. Any interest earned on deposits into the Fund shall
remain in the Fund and be used for the purposes set forth in
this subsection. Notwithstanding any other law to the
contrary, the Fund is not subject to administrative charges or
charge-backs that would in any way transfer moneys from the
Fund into any other fund of the State.
(j) Notwithstanding any other provision of this Section, a
person who operates a motor vehicle with a gross vehicle
weight rating of 8,000 pounds or more operating on diesel fuel
on property that (i) offers paid parking services to vehicle
owners, (ii) does not involve fuel dispensing, and (iii) is
located in an affected area within a county of over 3 million
residents but outside of a municipality of over 2 million
residents may not cause or allow the motor vehicle, when it is
not in motion, to idle for more than a total of 10 minutes
within any 60-minute period under any circumstances if the
vehicle is within 200 feet of a residential area. This Section
may be enforced by either the law enforcement agency having
jurisdiction over the residential area or the law enforcement
agency having jurisdiction over the property on which the
violation took place. This subsection does not apply to:
(1) school buses;
(2) waste hauling vehicles;
(3) facilities operated by the Department of

Transportation;
(4) vehicles owned by a public utility and operated to
power equipment necessary in the restoration, repair,
modification, or installation of a utility service; or
(5) ambulances.
(Source: P.A. 100-435, eff. 8-25-17; 101-319, eff. 1-1-20.)
Section 20-90. The Unified Code of Corrections is amended
by changing Section 5-9-1.8 as follows:
(730 ILCS 5/5-9-1.8)
Sec. 5-9-1.8. Child pornography fines. Beginning July 1,
2006, 100% of the fines in excess of $10,000 collected for
violations of Section 11-20.1 of the Criminal Code of 1961 or
the Criminal Code of 2012 shall be deposited into the Child
Abuse Prevention Fund that is created in the State Treasury.
Moneys in the Fund resulting from the fines shall be for the
use of the Department of Children and Family Services for
grants to private entities giving treatment and counseling to
victims of child sexual abuse.
Notwithstanding any other provision of law, in addition to
any other transfers that may be provided by law, on July 1,
2006, or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Child Sexual Abuse
Fund into the Child Abuse Prevention Fund. Upon completion of

the transfer, the Child Sexual Abuse Fund is dissolved, and
any future deposits due to that Fund and any outstanding
obligations or liabilities of the Fund pass to the Child Abuse
Prevention Fund.
(Source: P.A. 97-1150, eff. 1-25-13.)
Section 20-95. The Franchise Tax and License Fee Amnesty
Act of 2007 is amended by changing Section 5-10 as follows:
(805 ILCS 8/5-10)
Sec. 5-10. Amnesty program. The Secretary shall establish
an amnesty program for all taxpayers owing any franchise tax
or license fee imposed by Article XV of the Business
Corporation Act of 1983. The amnesty program shall be for a
period from February 1, 2008 through March 15, 2008. The
amnesty program shall also be for a period between October 1,
2019 and November 15, 2019, and shall apply to franchise tax or
license fee liabilities for any tax period ending after March
15, 2008 and on or before June 30, 2019. The amnesty program
shall provide that, upon payment by a taxpayer of all
franchise taxes and license fees due from that taxpayer to the
State of Illinois for any taxable period, the Secretary shall
abate and not seek to collect any interest or penalties that
may be applicable, and the Secretary shall not seek civil or
criminal prosecution for any taxpayer for the period of time
for which amnesty has been granted to the taxpayer. Failure to

pay all taxes due to the State for a taxable period shall not
invalidate any amnesty granted under this Act with respect to
the taxes paid pursuant to the amnesty program. Amnesty shall
be granted only if all amnesty conditions are satisfied by the
taxpayer. Amnesty shall not be granted to taxpayers who are a
party to any criminal investigation or to any civil or
criminal litigation that is pending in any circuit court or
appellate court or the Supreme Court of this State for
nonpayment, delinquency, or fraud in relation to any franchise
tax or license fee imposed by Article XV of the Business
Corporation Act of 1983. Voluntary payments made under this
Act shall be made by check, guaranteed remittance, or ACH
debit. The Secretary shall adopt rules as necessary to
implement the provisions of this Act. Except as otherwise
provided in this Section, all money collected under this Act
that would otherwise be deposited into the General Revenue
Fund shall be deposited into the General Revenue Fund. Two
percent of all money collected under this Act shall be
deposited by the State Treasurer into the Department of
Business Services Special Operations Fund and, subject to
appropriation, shall be used by the Secretary to cover costs
associated with the administration of this Act.
(Source: P.A. 101-9, eff. 6-5-19; 101-604, eff. 12-13-19.)
Section 20-100. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 7 as follows:

(815 ILCS 505/7) (from Ch. 121 1/2, par. 267)
Sec. 7. Injunctive relief; restitution; and civil
penalties.
(a) Whenever the Attorney General or a State's Attorney
has reason to believe that any person is using, has used, or is
about to use any method, act or practice declared by this Act
to be unlawful, and that proceedings would be in the public
interest, he or she may bring an action in the name of the
People of the State against such person to restrain by
preliminary or permanent injunction the use of such method,
act or practice. The Court, in its discretion, may exercise
all powers necessary, including but not limited to:
injunction; revocation, forfeiture or suspension of any
license, charter, franchise, certificate or other evidence of
authority of any person to do business in this State;
appointment of a receiver; dissolution of domestic
corporations or association suspension or termination of the
right of foreign corporations or associations to do business
in this State; and restitution.
(b) In addition to the remedies provided herein, the
Attorney General or State's Attorney may request and the Court
may impose a civil penalty in a sum not to exceed $50,000
against any person found by the Court to have engaged in any
method, act or practice declared unlawful under this Act. In
the event the court finds the method, act or practice to have

been entered into with the intent to defraud, the court has the
authority to impose a civil penalty in a sum not to exceed
$50,000 per violation.
(c) In addition to any other civil penalty provided in
this Section, if a person is found by the court to have engaged
in any method, act, or practice declared unlawful under this
Act, and the violation was committed against a person 65 years
of age or older, the court may impose an additional civil
penalty not to exceed $10,000 for each violation.
A civil penalty imposed under this subsection (c) shall be
paid to the State Treasurer who shall deposit the money in the
State treasury in a special fund designated the Department on
Aging State Projects Elderly Victim Fund. The Treasurer shall
deposit such moneys into the Fund monthly. All of the moneys
deposited into the Fund shall be appropriated to the
Department on Aging for grants to senior centers in Illinois.
An award of restitution under subsection (a) has priority
over a civil penalty imposed by the court under this
subsection.
In determining whether to impose a civil penalty under
this subsection and the amount of any penalty, the court shall
consider the following:
(1) Whether the defendant's conduct was in willful
disregard of the rights of the person 65 years of age or
older.
(2) Whether the defendant knew or should have known

that the defendant's conduct was directed to a person 65
years of age or older.
(3) Whether the person 65 years of age or older was
substantially more vulnerable to the defendant's conduct
because of age, poor health, infirmity, impaired
understanding, restricted mobility, or disability, than
other persons.
(4) Any other factors the court deems appropriate.
(d) This Section applies if: (i) a court orders a party to
make payments to the Attorney General and the payments are to
be used for the operations of the Office of the Attorney
General or (ii) a party agrees, in an Assurance of Voluntary
Compliance under this Act, to make payments to the Attorney
General for the operations of the Office of the Attorney
General.
(e) Moneys paid under any of the conditions described in
subsection (d) shall be deposited into the Attorney General
Court Ordered and Voluntary Compliance Payment Projects Fund,
which is created as a special fund in the State Treasury.
Moneys in the Fund shall be used, subject to appropriation,
for the performance of any function pertaining to the exercise
of the duties of the Attorney General including but not
limited to enforcement of any law of this State and conducting
public education programs; however, any moneys in the Fund
that are required by the court or by an agreement to be used
for a particular purpose shall be used for that purpose.

(Source: P.A. 93-246, eff. 7-22-03.)
ARTICLE 25. FINANCE-SPECIAL FUNDS REPEAL
(20 ILCS 690/Act rep.)
Section 25-5. The Rural Diversification Act is repealed.
(20 ILCS 1305/10-20 rep.)
Section 25-10. The Department of Human Services Act is
amended by repealing Section 10-20.
(20 ILCS 2310/2310-370 rep.)
Section 25-15. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by repealing Section 2310-370.
(20 ILCS 2705/2705-610 rep.)
Section 25-20. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by repealing
Section 2705-610.
(20 ILCS 3930/9.2 rep.)
Section 25-25. The Illinois Criminal Justice Information
Act is amended by repealing Section 9.2.
(30 ILCS 105/5.216 rep.)

(30 ILCS 105/5.480 rep.)
(30 ILCS 105/5.502 rep.)
(30 ILCS 105/5.524 rep.)
(30 ILCS 105/5.578 rep.)
(30 ILCS 105/5.638 rep.)
(30 ILCS 105/5.655 rep.)
(30 ILCS 105/5.662 rep.)
(30 ILCS 105/5.718 rep.)
(30 ILCS 105/5.732 rep.)
(30 ILCS 105/5.838 rep.)
(30 ILCS 105/5.917 rep.)
(30 ILCS 105/5.923 rep.)
(30 ILCS 105/5.925 rep.)
(30 ILCS 105/6y rep.)
(30 ILCS 105/6z-68 rep.)
(30 ILCS 105/6z-71 rep.)
(30 ILCS 105/8.8b rep.)
(30 ILCS 105/8.23 rep.)
(30 ILCS 105/8.25b rep.)
(30 ILCS 105/8.25d rep.)
(30 ILCS 105/8.41 rep.)
(30 ILCS 105/8.42 rep.)
(30 ILCS 105/8.43 rep.)
(30 ILCS 105/8.44 rep.)
(30 ILCS 105/8.45 rep.)
(30 ILCS 105/8.46 rep.)

(30 ILCS 105/8.47 rep.)
(30 ILCS 105/8.48 rep.)
(30 ILCS 105/8.49 rep.)
(30 ILCS 105/8.50 rep.)
(30 ILCS 105/8.52 rep.)
(30 ILCS 105/8.55 rep.)
(30 ILCS 105/8d rep.)
(30 ILCS 105/8e rep.)
(30 ILCS 105/8h rep.)
(30 ILCS 105/8i rep.)
(30 ILCS 105/8m rep.)
(30 ILCS 105/8n rep.)
(30 ILCS 105/8o rep.)
(30 ILCS 105/9.07 rep.)
(30 ILCS 105/8r rep.)
(30 ILCS 105/14.2 rep.)
(30 ILCS 105/24.12 rep.)
(30 ILCS 105/24.13 rep.)
(30 ILCS 105/25.2 rep.)
(30 ILCS 105/25.5 rep.)
Section 25-30. The State Finance Act is amended by
repealing Sections 5.216, 5.480, 5.502, 5.524, 5.578, 5.638,
5.655, 5.662, 5.718, 5.732, 5.838, 5.917, 5.923, 5.925, 6y,
6z-68, 6z-71, 8.8b, 8.23, 8.25b, 8.25d, 8.41, 8.42, 8.43,
8.44, 8.45, 8.46, 8.47, 8.48, 8.49, 8.50, 8.52, 8.55, 8d, 8e,
8h, 8i, 8m, 8n, 8o, 9.07, 8r, 14.2, 24.12, 24.13, 25.2, and

25.5.
(30 ILCS 605/8.2 rep.)
Section 25-35. The State Property Control Act is amended
by repealing Section 8.2.
(30 ILCS 750/Art. 3 rep.)
Section 25-40. The Build Illinois Act is amended by
repealing Article 3.
(415 ILCS 85/7 rep.)
Section 25-45. The Toxic Pollution Prevention Act is
amended by repealing Section 7.
(430 ILCS 65/5.1 rep.)
Section 25-50. The Firearm Owners Identification Card Act
is amended by repealing Section 5.1.
ARTICLE 30. COMMUNITY CARE PROGRAM
Section 30-5. The Illinois Act on the Aging is amended by
changing Section 4.02 as follows:
(20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
Sec. 4.02. Community Care Program. The Department shall
establish a program of services to prevent unnecessary

institutionalization of persons age 60 and older in need of
long term care or who are established as persons who suffer
from Alzheimer's disease or a related disorder under the
Alzheimer's Disease Assistance Act, thereby enabling them to
remain in their own homes or in other living arrangements.
Such preventive services, which may be coordinated with other
programs for the aged and monitored by area agencies on aging
in cooperation with the Department, may include, but are not
limited to, any or all of the following:
(a) (blank);
(b) (blank);
(c) home care aide services;
(d) personal assistant services;
(e) adult day services;
(f) home-delivered meals;
(g) education in self-care;
(h) personal care services;
(i) adult day health services;
(j) habilitation services;
(k) respite care;
(k-5) community reintegration services;
(k-6) flexible senior services;
(k-7) medication management;
(k-8) emergency home response;
(l) other nonmedical social services that may enable
the person to become self-supporting; or

(m) clearinghouse for information provided by senior
citizen home owners who want to rent rooms to or share
living space with other senior citizens.
The Department shall establish eligibility standards for
such services. In determining the amount and nature of
services for which a person may qualify, consideration shall
not be given to the value of cash, property or other assets
held in the name of the person's spouse pursuant to a written
agreement dividing marital property into equal but separate
shares or pursuant to a transfer of the person's interest in a
home to his spouse, provided that the spouse's share of the
marital property is not made available to the person seeking
such services.
Beginning January 1, 2008, the Department shall require as
a condition of eligibility that all new financially eligible
applicants apply for and enroll in medical assistance under
Article V of the Illinois Public Aid Code in accordance with
rules promulgated by the Department.
The Department shall, in conjunction with the Department
of Public Aid (now Department of Healthcare and Family
Services), seek appropriate amendments under Sections 1915 and
1924 of the Social Security Act. The purpose of the amendments
shall be to extend eligibility for home and community based
services under Sections 1915 and 1924 of the Social Security
Act to persons who transfer to or for the benefit of a spouse
those amounts of income and resources allowed under Section

1924 of the Social Security Act. Subject to the approval of
such amendments, the Department shall extend the provisions of
Section 5-4 of the Illinois Public Aid Code to persons who, but
for the provision of home or community-based services, would
require the level of care provided in an institution, as is
provided for in federal law. Those persons no longer found to
be eligible for receiving noninstitutional services due to
changes in the eligibility criteria shall be given 45 days
notice prior to actual termination. Those persons receiving
notice of termination may contact the Department and request
the determination be appealed at any time during the 45 day
notice period. The target population identified for the
purposes of this Section are persons age 60 and older with an
identified service need. Priority shall be given to those who
are at imminent risk of institutionalization. The services
shall be provided to eligible persons age 60 and older to the
extent that the cost of the services together with the other
personal maintenance expenses of the persons are reasonably
related to the standards established for care in a group
facility appropriate to the person's condition. These
non-institutional services, pilot projects or experimental
facilities may be provided as part of or in addition to those
authorized by federal law or those funded and administered by
the Department of Human Services. The Departments of Human
Services, Healthcare and Family Services, Public Health,
Veterans' Affairs, and Commerce and Economic Opportunity and

other appropriate agencies of State, federal and local
governments shall cooperate with the Department on Aging in
the establishment and development of the non-institutional
services. The Department shall require an annual audit from
all personal assistant and home care aide vendors contracting
with the Department under this Section. The annual audit shall
assure that each audited vendor's procedures are in compliance
with Department's financial reporting guidelines requiring an
administrative and employee wage and benefits cost split as
defined in administrative rules. The audit is a public record
under the Freedom of Information Act. The Department shall
execute, relative to the nursing home prescreening project,
written inter-agency agreements with the Department of Human
Services and the Department of Healthcare and Family Services,
to effect the following: (1) intake procedures and common
eligibility criteria for those persons who are receiving
non-institutional services; and (2) the establishment and
development of non-institutional services in areas of the
State where they are not currently available or are
undeveloped. On and after July 1, 1996, all nursing home
prescreenings for individuals 60 years of age or older shall
be conducted by the Department.
As part of the Department on Aging's routine training of
case managers and case manager supervisors, the Department may
include information on family futures planning for persons who
are age 60 or older and who are caregivers of their adult

children with developmental disabilities. The content of the
training shall be at the Department's discretion.
The Department is authorized to establish a system of
recipient copayment for services provided under this Section,
such copayment to be based upon the recipient's ability to pay
but in no case to exceed the actual cost of the services
provided. Additionally, any portion of a person's income which
is equal to or less than the federal poverty standard shall not
be considered by the Department in determining the copayment.
The level of such copayment shall be adjusted whenever
necessary to reflect any change in the officially designated
federal poverty standard.
The Department, or the Department's authorized
representative, may recover the amount of moneys expended for
services provided to or in behalf of a person under this
Section by a claim against the person's estate or against the
estate of the person's surviving spouse, but no recovery may
be had until after the death of the surviving spouse, if any,
and then only at such time when there is no surviving child who
is under age 21 or blind or who has a permanent and total
disability. This paragraph, however, shall not bar recovery,
at the death of the person, of moneys for services provided to
the person or in behalf of the person under this Section to
which the person was not entitled; provided that such recovery
shall not be enforced against any real estate while it is
occupied as a homestead by the surviving spouse or other

dependent, if no claims by other creditors have been filed
against the estate, or, if such claims have been filed, they
remain dormant for failure of prosecution or failure of the
claimant to compel administration of the estate for the
purpose of payment. This paragraph shall not bar recovery from
the estate of a spouse, under Sections 1915 and 1924 of the
Social Security Act and Section 5-4 of the Illinois Public Aid
Code, who precedes a person receiving services under this
Section in death. All moneys for services paid to or in behalf
of the person under this Section shall be claimed for recovery
from the deceased spouse's estate. "Homestead", as used in
this paragraph, means the dwelling house and contiguous real
estate occupied by a surviving spouse or relative, as defined
by the rules and regulations of the Department of Healthcare
and Family Services, regardless of the value of the property.
The Department shall increase the effectiveness of the
existing Community Care Program by:
(1) ensuring that in-home services included in the
care plan are available on evenings and weekends;
(2) ensuring that care plans contain the services that
eligible participants need based on the number of days in
a month, not limited to specific blocks of time, as
identified by the comprehensive assessment tool selected
by the Department for use statewide, not to exceed the
total monthly service cost maximum allowed for each
service; the Department shall develop administrative rules

to implement this item (2);
(3) ensuring that the participants have the right to
choose the services contained in their care plan and to
direct how those services are provided, based on
administrative rules established by the Department;
(4) ensuring that the determination of need tool is
accurate in determining the participants' level of need;
to achieve this, the Department, in conjunction with the
Older Adult Services Advisory Committee, shall institute a
study of the relationship between the Determination of
Need scores, level of need, service cost maximums, and the
development and utilization of service plans no later than
May 1, 2008; findings and recommendations shall be
presented to the Governor and the General Assembly no
later than January 1, 2009; recommendations shall include
all needed changes to the service cost maximums schedule
and additional covered services;
(5) ensuring that homemakers can provide personal care
services that may or may not involve contact with clients,
including but not limited to:
(A) bathing;
(B) grooming;
(C) toileting;
(D) nail care;
(E) transferring;
(F) respiratory services;

(G) exercise; or
(H) positioning;
(6) ensuring that homemaker program vendors are not
restricted from hiring homemakers who are family members
of clients or recommended by clients; the Department may
not, by rule or policy, require homemakers who are family
members of clients or recommended by clients to accept
assignments in homes other than the client;
(7) ensuring that the State may access maximum federal
matching funds by seeking approval for the Centers for
Medicare and Medicaid Services for modifications to the
State's home and community based services waiver and
additional waiver opportunities, including applying for
enrollment in the Balance Incentive Payment Program by May
1, 2013, in order to maximize federal matching funds; this
shall include, but not be limited to, modification that
reflects all changes in the Community Care Program
services and all increases in the services cost maximum;
(8) ensuring that the determination of need tool
accurately reflects the service needs of individuals with
Alzheimer's disease and related dementia disorders;
(9) ensuring that services are authorized accurately
and consistently for the Community Care Program (CCP); the
Department shall implement a Service Authorization policy
directive; the purpose shall be to ensure that eligibility
and services are authorized accurately and consistently in

the CCP program; the policy directive shall clarify
service authorization guidelines to Care Coordination
Units and Community Care Program providers no later than
May 1, 2013;
(10) working in conjunction with Care Coordination
Units, the Department of Healthcare and Family Services,
the Department of Human Services, Community Care Program
providers, and other stakeholders to make improvements to
the Medicaid claiming processes and the Medicaid
enrollment procedures or requirements as needed,
including, but not limited to, specific policy changes or
rules to improve the up-front enrollment of participants
in the Medicaid program and specific policy changes or
rules to insure more prompt submission of bills to the
federal government to secure maximum federal matching
dollars as promptly as possible; the Department on Aging
shall have at least 3 meetings with stakeholders by
January 1, 2014 in order to address these improvements;
(11) requiring home care service providers to comply
with the rounding of hours worked provisions under the
federal Fair Labor Standards Act (FLSA) and as set forth
in 29 CFR 785.48(b) by May 1, 2013;
(12) implementing any necessary policy changes or
promulgating any rules, no later than January 1, 2014, to
assist the Department of Healthcare and Family Services in
moving as many participants as possible, consistent with

federal regulations, into coordinated care plans if a care
coordination plan that covers long term care is available
in the recipient's area; and
(13) maintaining fiscal year 2014 rates at the same
level established on January 1, 2013.
By January 1, 2009 or as soon after the end of the Cash and
Counseling Demonstration Project as is practicable, the
Department may, based on its evaluation of the demonstration
project, promulgate rules concerning personal assistant
services, to include, but need not be limited to,
qualifications, employment screening, rights under fair labor
standards, training, fiduciary agent, and supervision
requirements. All applicants shall be subject to the
provisions of the Health Care Worker Background Check Act.
The Department shall develop procedures to enhance
availability of services on evenings, weekends, and on an
emergency basis to meet the respite needs of caregivers.
Procedures shall be developed to permit the utilization of
services in successive blocks of 24 hours up to the monthly
maximum established by the Department. Workers providing these
services shall be appropriately trained.
Beginning on the effective date of this amendatory Act of
1991, no person may perform chore/housekeeping and home care
aide services under a program authorized by this Section
unless that person has been issued a certificate of
pre-service to do so by his or her employing agency.

Information gathered to effect such certification shall
include (i) the person's name, (ii) the date the person was
hired by his or her current employer, and (iii) the training,
including dates and levels. Persons engaged in the program
authorized by this Section before the effective date of this
amendatory Act of 1991 shall be issued a certificate of all
pre- and in-service training from his or her employer upon
submitting the necessary information. The employing agency
shall be required to retain records of all staff pre- and
in-service training, and shall provide such records to the
Department upon request and upon termination of the employer's
contract with the Department. In addition, the employing
agency is responsible for the issuance of certifications of
in-service training completed to their employees.
The Department is required to develop a system to ensure
that persons working as home care aides and personal
assistants receive increases in their wages when the federal
minimum wage is increased by requiring vendors to certify that
they are meeting the federal minimum wage statute for home
care aides and personal assistants. An employer that cannot
ensure that the minimum wage increase is being given to home
care aides and personal assistants shall be denied any
increase in reimbursement costs.
The Community Care Program Advisory Committee is created
in the Department on Aging. The Director shall appoint
individuals to serve in the Committee, who shall serve at

their own expense. Members of the Committee must abide by all
applicable ethics laws. The Committee shall advise the
Department on issues related to the Department's program of
services to prevent unnecessary institutionalization. The
Committee shall meet on a bi-monthly basis and shall serve to
identify and advise the Department on present and potential
issues affecting the service delivery network, the program's
clients, and the Department and to recommend solution
strategies. Persons appointed to the Committee shall be
appointed on, but not limited to, their own and their agency's
experience with the program, geographic representation, and
willingness to serve. The Director shall appoint members to
the Committee to represent provider, advocacy, policy
research, and other constituencies committed to the delivery
of high quality home and community-based services to older
adults. Representatives shall be appointed to ensure
representation from community care providers including, but
not limited to, adult day service providers, homemaker
providers, case coordination and case management units,
emergency home response providers, statewide trade or labor
unions that represent home care aides and direct care staff,
area agencies on aging, adults over age 60, membership
organizations representing older adults, and other
organizational entities, providers of care, or individuals
with demonstrated interest and expertise in the field of home
and community care as determined by the Director.

Nominations may be presented from any agency or State
association with interest in the program. The Director, or his
or her designee, shall serve as the permanent co-chair of the
advisory committee. One other co-chair shall be nominated and
approved by the members of the committee on an annual basis.
Committee members' terms of appointment shall be for 4 years
with one-quarter of the appointees' terms expiring each year.
A member shall continue to serve until his or her replacement
is named. The Department shall fill vacancies that have a
remaining term of over one year, and this replacement shall
occur through the annual replacement of expiring terms. The
Director shall designate Department staff to provide technical
assistance and staff support to the committee. Department
representation shall not constitute membership of the
committee. All Committee papers, issues, recommendations,
reports, and meeting memoranda are advisory only. The
Director, or his or her designee, shall make a written report,
as requested by the Committee, regarding issues before the
Committee.
The Department on Aging and the Department of Human
Services shall cooperate in the development and submission of
an annual report on programs and services provided under this
Section. Such joint report shall be filed with the Governor
and the General Assembly on or before September 30 each year.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required

by Section 3.1 of the General Assembly Organization Act and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
Those persons previously found eligible for receiving
non-institutional services whose services were discontinued
under the Emergency Budget Act of Fiscal Year 1992, and who do
not meet the eligibility standards in effect on or after July
1, 1992, shall remain ineligible on and after July 1, 1992.
Those persons previously not required to cost-share and who
were required to cost-share effective March 1, 1992, shall
continue to meet cost-share requirements on and after July 1,
1992. Beginning July 1, 1992, all clients will be required to
meet eligibility, cost-share, and other requirements and will
have services discontinued or altered when they fail to meet
these requirements.
For the purposes of this Section, "flexible senior
services" refers to services that require one-time or periodic
expenditures including, but not limited to, respite care, home
modification, assistive technology, housing assistance, and
transportation.
The Department shall implement an electronic service
verification based on global positioning systems or other
cost-effective technology for the Community Care Program no
later than January 1, 2014.
The Department shall require, as a condition of

eligibility, enrollment in the medical assistance program
under Article V of the Illinois Public Aid Code (i) beginning
August 1, 2013, if the Auditor General has reported that the
Department has failed to comply with the reporting
requirements of Section 2-27 of the Illinois State Auditing
Act; or (ii) beginning June 1, 2014, if the Auditor General has
reported that the Department has not undertaken the required
actions listed in the report required by subsection (a) of
Section 2-27 of the Illinois State Auditing Act.
The Department shall delay Community Care Program services
until an applicant is determined eligible for medical
assistance under Article V of the Illinois Public Aid Code (i)
beginning August 1, 2013, if the Auditor General has reported
that the Department has failed to comply with the reporting
requirements of Section 2-27 of the Illinois State Auditing
Act; or (ii) beginning June 1, 2014, if the Auditor General has
reported that the Department has not undertaken the required
actions listed in the report required by subsection (a) of
Section 2-27 of the Illinois State Auditing Act.
The Department shall implement co-payments for the
Community Care Program at the federally allowable maximum
level (i) beginning August 1, 2013, if the Auditor General has
reported that the Department has failed to comply with the
reporting requirements of Section 2-27 of the Illinois State
Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
General has reported that the Department has not undertaken

the required actions listed in the report required by
subsection (a) of Section 2-27 of the Illinois State Auditing
Act.
The Department shall continue to provide other Community
Care Program reports as required by statute.
The Department shall provide a bi-monthly report on the
progress of the Community Care Program reforms set forth in
this amendatory Act of the 98th General Assembly to the
Governor, the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, the President
of the Senate, and the Minority Leader of the Senate.
The Department shall conduct a quarterly review of Care
Coordination Unit performance and adherence to service
guidelines. The quarterly review shall be reported to the
Speaker of the House of Representatives, the Minority Leader
of the House of Representatives, the President of the Senate,
and the Minority Leader of the Senate. The Department shall
collect and report longitudinal data on the performance of
each care coordination unit. Nothing in this paragraph shall
be construed to require the Department to identify specific
care coordination units.
In regard to community care providers, failure to comply
with Department on Aging policies shall be cause for
disciplinary action, including, but not limited to,
disqualification from serving Community Care Program clients.
Each provider, upon submission of any bill or invoice to the

Department for payment for services rendered, shall include a
notarized statement, under penalty of perjury pursuant to
Section 1-109 of the Code of Civil Procedure, that the
provider has complied with all Department policies.
The Director of the Department on Aging shall make
information available to the State Board of Elections as may
be required by an agreement the State Board of Elections has
entered into with a multi-state voter registration list
maintenance system.
Within 30 days after July 6, 2017 (the effective date of
Public Act 100-23), rates shall be increased to $18.29 per
hour, for the purpose of increasing, by at least $.72 per hour,
the wages paid by those vendors to their employees who provide
homemaker services. The Department shall pay an enhanced rate
under the Community Care Program to those in-home service
provider agencies that offer health insurance coverage as a
benefit to their direct service worker employees consistent
with the mandates of Public Act 95-713. For State fiscal years
2018 and 2019, the enhanced rate shall be $1.77 per hour. The
rate shall be adjusted using actuarial analysis based on the
cost of care, but shall not be set below $1.77 per hour. The
Department shall adopt rules, including emergency rules under
subsections (y) and (bb) of Section 5-45 of the Illinois
Administrative Procedure Act, to implement the provisions of
this paragraph.
The General Assembly finds it necessary to authorize an

aggressive Medicaid enrollment initiative designed to maximize
federal Medicaid funding for the Community Care Program which
produces significant savings for the State of Illinois. The
Department on Aging shall establish and implement a Community
Care Program Medicaid Initiative. Under the Initiative, the
Department on Aging shall, at a minimum: (i) provide an
enhanced rate to adequately compensate care coordination units
to enroll eligible Community Care Program clients into
Medicaid; (ii) use recommendations from a stakeholder
committee on how best to implement the Initiative; and (iii)
establish requirements for State agencies to make enrollment
in the State's Medical Assistance program easier for seniors.
The Community Care Program Medicaid Enrollment Oversight
Subcommittee is created as a subcommittee of the Older Adult
Services Advisory Committee established in Section 35 of the
Older Adult Services Act to make recommendations on how best
to increase the number of medical assistance recipients who
are enrolled in the Community Care Program. The Subcommittee
shall consist of all of the following persons who must be
appointed within 30 days after the effective date of this
amendatory Act of the 100th General Assembly:
(1) The Director of Aging, or his or her designee, who
shall serve as the chairperson of the Subcommittee.
(2) One representative of the Department of Healthcare
and Family Services, appointed by the Director of
Healthcare and Family Services.

(3) One representative of the Department of Human
Services, appointed by the Secretary of Human Services.
(4) One individual representing a care coordination
unit, appointed by the Director of Aging.
(5) One individual from a non-governmental statewide
organization that advocates for seniors, appointed by the
Director of Aging.
(6) One individual representing Area Agencies on
Aging, appointed by the Director of Aging.
(7) One individual from a statewide association
dedicated to Alzheimer's care, support, and research,
appointed by the Director of Aging.
(8) One individual from an organization that employs
persons who provide services under the Community Care
Program, appointed by the Director of Aging.
(9) One member of a trade or labor union representing
persons who provide services under the Community Care
Program, appointed by the Director of Aging.
(10) One member of the Senate, who shall serve as
co-chairperson, appointed by the President of the Senate.
(11) One member of the Senate, who shall serve as
co-chairperson, appointed by the Minority Leader of the
Senate.
(12) One member of the House of Representatives, who
shall serve as co-chairperson, appointed by the Speaker of
the House of Representatives.

(13) One member of the House of Representatives, who
shall serve as co-chairperson, appointed by the Minority
Leader of the House of Representatives.
(14) One individual appointed by a labor organization
representing frontline employees at the Department of
Human Services.
The Subcommittee shall provide oversight to the Community
Care Program Medicaid Initiative and shall meet quarterly. At
each Subcommittee meeting the Department on Aging shall
provide the following data sets to the Subcommittee: (A) the
number of Illinois residents, categorized by planning and
service area, who are receiving services under the Community
Care Program and are enrolled in the State's Medical
Assistance Program; (B) the number of Illinois residents,
categorized by planning and service area, who are receiving
services under the Community Care Program, but are not
enrolled in the State's Medical Assistance Program; and (C)
the number of Illinois residents, categorized by planning and
service area, who are receiving services under the Community
Care Program and are eligible for benefits under the State's
Medical Assistance Program, but are not enrolled in the
State's Medical Assistance Program. In addition to this data,
the Department on Aging shall provide the Subcommittee with
plans on how the Department on Aging will reduce the number of
Illinois residents who are not enrolled in the State's Medical
Assistance Program but who are eligible for medical assistance

benefits. The Department on Aging shall enroll in the State's
Medical Assistance Program those Illinois residents who
receive services under the Community Care Program and are
eligible for medical assistance benefits but are not enrolled
in the State's Medicaid Assistance Program. The data provided
to the Subcommittee shall be made available to the public via
the Department on Aging's website.
The Department on Aging, with the involvement of the
Subcommittee, shall collaborate with the Department of Human
Services and the Department of Healthcare and Family Services
on how best to achieve the responsibilities of the Community
Care Program Medicaid Initiative.
The Department on Aging, the Department of Human Services,
and the Department of Healthcare and Family Services shall
coordinate and implement a streamlined process for seniors to
access benefits under the State's Medical Assistance Program.
The Subcommittee shall collaborate with the Department of
Human Services on the adoption of a uniform application
submission process. The Department of Human Services and any
other State agency involved with processing the medical
assistance application of any person enrolled in the Community
Care Program shall include the appropriate care coordination
unit in all communications related to the determination or
status of the application.
The Community Care Program Medicaid Initiative shall
provide targeted funding to care coordination units to help

seniors complete their applications for medical assistance
benefits. On and after July 1, 2019, care coordination units
shall receive no less than $200 per completed application,
which rate may be included in a bundled rate for initial intake
services when Medicaid application assistance is provided in
conjunction with the initial intake process for new program
participants.
The Community Care Program Medicaid Initiative shall cease
operation 5 years after the effective date of this amendatory
Act of the 100th General Assembly, after which the
Subcommittee shall dissolve.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
100-1148, eff. 12-10-18; 101-10, eff. 6-5-19.)
ARTICLE 35. OCCUPATIONAL STANDARDS
Section 35-5. The Employee Washroom Act is amended by
adding Section 0.05 as follows:
(820 ILCS 230/0.05 new)
Sec. 0.05. Federal regulations; operation of Act.
(a) Except as provided in subsection (b), Sections 1
through 5 of this Act are inoperative on and after the
effective date of this amendatory Act of the 102nd General
Assembly.
(b) If at any time the Occupational Safety and Health

standard at 29 CFR 1910.141 is repealed or revoked, the
Director of Labor shall adopt a rule setting forth a
determination that this Act should be reviewed and reinstated
in order to protect the health and safety of Illinois'
workers. On the date such a rule is adopted, this Act shall
again become operative.
Section 35-10. The Work Under Compressed Air Act is
amended by adding Section 1.5 as follows:
(820 ILCS 245/1.5 new)
Sec. 1.5. Federal regulations; operation of Act.
(a) Except as provided in subsection (b), Sections 1
through 6 of this Act are inoperative on and after the
effective date of this amendatory Act of the 102nd General
Assembly.
(b) If at any time the Safety and Health Regulations for
Construction standards at 29 CFR 1926.800 through 29 CFR
1926.804 are repealed or revoked, the Director of Labor shall
adopt a rule setting forth a determination that this Act
should be reviewed and reinstated, in whole or in part, in
order to protect the health and safety of Illinois' workers.
On the date such a rule is adopted, this Act shall again become
operative.
Section 35-15. The Underground Sewer Employee Safety Act

is amended by changing Section 1 and by adding Section 0.05 as
follows:
(820 ILCS 250/0.05 new)
Sec. 0.05. Federal regulations; operation of Act.
(a) Except as provided in subsection (b), Sections 1
through 6 of this Act are inoperative on and after the
effective date of this amendatory Act of the 102nd General
Assembly.
(b) If at any time the Occupational Safety and Health
standards at 29 CFR 1910.120, 29 CFR 1910.146 or the Safety and
Health Regulations for Construction standards 29 CFR 1926.1201
through 29 CFR 1926.1213 are repealed or revoked, the Director
of Labor shall adopt a rule setting forth a determination that
this Act should be reviewed and reinstated, in whole or in
part, in order to protect the health and safety of Illinois'
workers. On the date such a rule is adopted, this Act shall
again become operative.
(820 ILCS 250/1) (from Ch. 48, par. 1101)
Sec. 1. This Act shall apply to all employers engaged in
any occupation, business or enterprise in this State,
including the State of Illinois and its political
subdivisions, except that in the event of a conflict between
this Act and any other Federal or State law or regulation
concerning health and safety of employees, such other law or

regulation shall control.
(Source: P.A. 81-772.)
Section 35-20. The Toxic Substances Disclosure to
Employees Act is amended by changing Section 1.5 as follows:
(820 ILCS 255/1.5)
Sec. 1.5. Federal regulations; operation of Act.
(a) Except as provided in subsection (b), Sections 2
through 17 of this Act are inoperative on and after the
effective date of this amendatory Act of the 102nd 95th
General Assembly, and the Department of Labor shall instead
enforce the Occupational Safety and Health Administration
Hazard Communication standards at 29 CFR 1910.1200, as
amended.
(b) If at any time the Occupational Safety and Health
Administration Hazard Communication standard at 29 CFR
1910.1200 is repealed or revoked, the Director of Labor shall
adopt a rule setting forth a determination that this Act
should be reviewed and reinstated in order to protect the
health and safety of Illinois' public sector workers. On the
date such a rule is adopted, this Act shall again become
operative.
(Source: P.A. 95-623, eff. 9-17-07.)
ARTICLE 40. HEALTH CARE

(110 ILCS 330/8a rep.)
Section 40-5. The University of Illinois Hospital Act is
amended by repealing Section 8a.
(110 ILCS 340/Act rep.)
Section 40-10. The University of Illinois Gerontological
Committee Act is repealed.
(110 ILCS 430/Act rep.)
Section 40-15. The Illinois Health Policy Center Act is
repealed.
Section 40-20. The Health in All Policies Act is amended
by changing Section 10 as follows:
(410 ILCS 155/10)
Sec. 10. Workgroup.
(a) The University of Illinois at Chicago School of Public
Health, in consultation with the Department of Public Health,
shall convene a workgroup to review legislation and make new
policy recommendations relating to the health of residents of
the State.
(b) The workgroup shall examine the following:
(1) The health of residents of the State, to the
extent necessary to carry out the requirements of this

Act.
(2) Ways for units of local government and State
agencies to collaborate in implementing policies that will
positively impact the health of residents of the State.
(3) The impact of the following on the health of
residents of the State:
(A) Access to safe and affordable housing.
(B) Educational attainment.
(C) Opportunities for employment.
(D) Economic stability.
(E) Inclusion, diversity, and equity in the
workplace.
(F) Barriers to career success and promotion in
the workplace.
(G) Access to transportation and mobility.
(H) Social justice.
(I) Environmental factors.
(J) Public safety, including the impact of crime,
citizen unrest, the criminal justice system, and
governmental policies that affect individuals who are
in prison or released from prison.
(c) The workgroup, using a health in all policies
framework, shall perform the following:
(1) Review and make recommendations regarding how
health considerations may be incorporated into the
decision-making processes of government agencies and

private stakeholders who interact with government
agencies.
(2) Foster collaboration among units of local
government and State agencies.
(3) Develop laws and policies to improve health and
reduce health inequities.
(4) Make recommendations regarding how to implement
laws and policies to improve health and reduce health
inequities.
(d) The workgroup shall consist of the following members:
(1) The Secretary of Human Services, or the
Secretary's designee.
(2) The Secretary of Transportation, or the
Secretary's designee.
(3) The Director of the Illinois Environmental
Protection Agency, or the Director's designee.
(4) The Director of Agriculture, or the Director's
designee.
(5) The Director of Labor, or the Director's designee.
(6) The Director of Public Health, or the Director's
designee.
(7) One representative of a statewide public health
association.
(8) One administrator of a Federally Qualified Health
Center.
(9) One administrator of a public health department

local to the University of Illinois at Chicago.
(10) One representative of an association representing
hospitals and health systems.
(11) The Director of Healthcare and Family Services,
or the Director's designee.
(12) The State Superintendent of Education, or the
Superintendent's designee.
(13) The Director of Corrections, or the Director's
designee.
(14) The Chair of the Criminal Justice Information
Authority, or the Chair's designee.
(15) The Director of Commerce and Economic
Opportunity, or the Director's designee.
(16) The Director of Aging, or the Director's
designee.
(17) One representative of the Office of the Governor
appointed by the Governor.
(18) One representative of a local health department
located in a county with a population of less than
3,000,000.
(19) One representative of a statewide public health
institute representing multisector public health system
stakeholders.
(20) Two representatives of organizations that
represent minority populations in public health.
(21) One representative of a statewide organization

representing physicians licensed to practice medicine in
all its branches.
(e) To the extent practicable, the members of the
workgroup shall reflect the geographic, racial, ethnic,
cultural, and gender diversity of the State.
(f) Workgroup members shall serve without compensation.
(g) A State agency or entity shall, in a timely manner,
provide information in response to requests for information
submitted by the workgroup, except where that information is
otherwise prohibited from disclosure or dissemination by
federal or State law, rules or regulations implementing
federal or State law, or a court order.
(h) The Department of Public Health shall provide
administrative and other support to the workgroup.
(i) The workgroup shall meet at least twice a year and at
other times as it deems appropriate. The workgroup shall
prepare a report that summarizes its work and makes
recommendations resulting from its study. On an annual basis,
the University of Illinois at Chicago School of Public Health,
in consultation with the Department of Public Health and
members of the workgroup, shall determine a focus area for the
report. Focus areas may include, but are not limited to, the
areas designated in subsection (b) of Section 10. The
workgroup shall submit the report of its findings and
recommendations to the General Assembly by December 31, 2022
2020 and by December 31 of each year thereafter. The annual

report and recommendations shall be shared with the Department
of Public Health and the State Board of Health and shall be
considered in the development of the State Health Improvement
Plan every 5 years.
(Source: P.A. 101-250, eff. 1-1-20.)
ARTICLE 45. ILLINOIS IMMIGRANT IMPACT TASK FORCE REPORT
Section 45-5. The Illinois Immigrant Impact Task Force Act
is amended by changing Section 5 as follows:
(20 ILCS 5156/5)
(Section scheduled to be repealed on January 1, 2023)
Sec. 5. Illinois Immigrant Impact Task Force.
(a) There is hereby established the Illinois Immigrant
Impact Task Force.
(b) The Task Force shall consist of 27 members appointed
as follows:
(1) one member appointed by the President of the
Senate;
(2) one member appointed by the Speaker of the House
of Representatives;
(3) one member appointed by the Minority Leader of the
Senate;
(4) one member appointed by the Minority Leader of the
House of Representatives;

(5) one representative of the Governor's Office;
(6) one representative of the Governor's Office of
Management and Budget;
(7) one representative of the Lieutenant Governor's
Office;
(8) the Executive Director of the Illinois Housing
Development Authority or his or her designee;
(9) the Secretary of Human Services or his or her
designee;
(10) the Director on Aging or his or her designee;
(11) the Director of Commerce and Economic Opportunity
or his or her designee;
(12) the Director of Children and Family Services or
his or her designee;
(13) the Director of Public Health or his or her
designee;
(14) the Director of Healthcare and Family Services or
his or her designee;
(15) the Director of Human Rights or his or her
designee;
(16) the Director of Employment Security or his or her
designee;
(17) the Director of Juvenile Justice or his or her
designee;
(18) the Director of Corrections or his or her
designee;

(19) the Executive Director of the Illinois Criminal
Justice Information Authority or his or her designee;
(20) the Chairman of the State Board of Education or
his or her designee;
(21) the Chairman of the Board of Higher Education or
his or her designee;
(22) the Chairman of the Illinois Community College
Board or his or her designee; and
(23) five representatives from organizations offering
aid or services to immigrants, appointed by the Governor.
(c) The Task Force shall convene as soon as practicable
after the effective date of this Act, and shall hold at least 6
meetings. Members of the Task Force shall serve without
compensation. The Department of Human Services, in
consultation with any other State agency relevant to the issue
of immigration in this State, shall provide administrative and
other support to the Task Force.
(d) The Task Force shall examine the following issues:
(1) what the State of Illinois is currently doing to
proactively help immigrant communities in this State,
including whether such persons are receiving help to
become citizens, receiving help to become business owners,
and receiving aid for educational purposes;
(2) what can the State do going forward to improve
relations between the State and immigrant communities in
this State;

(3) what is the status of immigrant communities from
urban, suburban, and rural areas of this State, and
whether adequate support and resources have been provided
to these communities;
(4) the extent to which immigrants in this State are
being discriminated against;
(5) whether the laws specifically intended to benefit
immigrant populations in this State are actually having a
beneficial effect;
(6) the practices and procedures of the federal
Immigration and Customs Enforcement agency within this
State;
(7) the use and condition of detention centers in this
State;
(8) all contracts in Illinois entered into with United
States Immigration and Customs Enforcement, including
contracts with private detention centers, the Illinois
State Police, and the Secretary of State's Office,
Division of Motor Vehicles;
(9) the impact of the COVID-19 pandemic on immigrant
communities, including health impact rates, employment
rates, housing, small businesses, and community
development;
(10) the disbursement of funds received by different
agencies that went to immigrant communities;
(11) language access programs and their impact on

helping immigrant communities better interact with State
agencies, and whether existing language access programs
are effective in helping immigrant communities interact
with the State. The Task Force shall also examine whether
all State agencies provide language access for non-English
speakers, and which agencies and in what regions of the
State is there a lack of language access that creates
barriers for non-English dominant speakers from accessing
support from the State;
(12) the extent to which disparities in access to
technology exist in immigrant communities and whether they
lead to educational, financial, and other disadvantages;
and
(13) the extent to which State programs intended for
vulnerable populations such as victims of trafficking,
crime, and abuse are being implemented or need to be
implemented.
(e) The Task Force shall report its findings and
recommendations based upon its examination of issues under
subsection (d) to the Governor and the General Assembly on or
before December 31, 2022 May 31, 2022.
(Source: P.A. 102-236, eff. 8-2-21.)
ARTICLE 99. EFFECTIVE DATE
Section 99-99. Effective date. This Act takes effect upon
becoming law.