Bill Text: IL HB5186 | 2021-2022 | 102nd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Enrolled.html
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-Enrolled.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | ARTICLE 5. STATE GOVERNMENT-AGENCY MANDATES
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5 | (20 ILCS 1110/7 rep.)
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6 | (20 ILCS 1110/8 rep.)
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7 | (20 ILCS 1110/9 rep.)
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8 | (20 ILCS 1110/10 rep.)
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9 | (20 ILCS 1110/11 rep.)
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10 | (20 ILCS 1110/12 rep.)
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11 | (20 ILCS 1110/13 rep.)
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12 | (20 ILCS 1110/14 rep.)
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13 | (20 ILCS 1110/15 rep.)
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14 | (20 ILCS 1110/16 rep.)
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15 | (20 ILCS 1110/17 rep.)
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16 | Section 5-5. The Illinois Coal and Energy Development Bond | ||||||
17 | Act is amended by repealing Sections 7, 8, 9, 10, 11, 12, 13, | ||||||
18 | 14, 15, 16, and 17.
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19 | Section 5-10. The Department of Human Services Act is | ||||||
20 | amended by changing Section 1-17 as follows:
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21 | (20 ILCS 1305/1-17)
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1 | Sec. 1-17. Inspector General. | ||||||
2 | (a) Nature and purpose. It is the express intent of the | ||||||
3 | General Assembly to ensure the health, safety, and financial | ||||||
4 | condition of individuals receiving services in this State due | ||||||
5 | to mental illness, developmental disability, or both by | ||||||
6 | protecting those persons from acts of abuse, neglect, or both | ||||||
7 | by service providers. To that end, the Office of the Inspector | ||||||
8 | General for the Department of Human Services is created to | ||||||
9 | investigate and report upon allegations of the abuse, neglect, | ||||||
10 | or financial exploitation of individuals receiving services | ||||||
11 | within mental health facilities, developmental disabilities | ||||||
12 | facilities, and community agencies operated, licensed, funded, | ||||||
13 | or certified by the Department of Human Services, but not | ||||||
14 | licensed or certified by any other State agency. | ||||||
15 | (b) Definitions. The following definitions apply to this | ||||||
16 | Section: | ||||||
17 | "Adult student with a disability" means an adult student, | ||||||
18 | age 18 through 21, inclusive, with an Individual Education | ||||||
19 | Program, other than a resident of a facility licensed by the | ||||||
20 | Department of Children and Family Services in accordance with | ||||||
21 | the Child Care Act of 1969. For purposes of this definition, | ||||||
22 | "through age 21, inclusive", means through the day before the | ||||||
23 | student's 22nd birthday. | ||||||
24 | "Agency" or "community agency" means (i) a community | ||||||
25 | agency licensed, funded, or certified by the Department, but | ||||||
26 | not licensed or certified by any other human services agency |
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1 | of the State, to provide mental health service or | ||||||
2 | developmental disabilities service, or (ii) a program | ||||||
3 | licensed, funded, or certified by the Department, but not | ||||||
4 | licensed or certified by any other human services agency of | ||||||
5 | the State, to provide mental health service or developmental | ||||||
6 | disabilities service. | ||||||
7 | "Aggravating circumstance" means a factor that is | ||||||
8 | attendant to a finding and that tends to compound or increase | ||||||
9 | the culpability of the accused. | ||||||
10 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
11 | incident involving any of the following conduct by an | ||||||
12 | employee, facility, or agency against an individual or | ||||||
13 | individuals: mental abuse, physical abuse, sexual abuse, | ||||||
14 | neglect, or financial exploitation. | ||||||
15 | "Day" means working day, unless otherwise specified. | ||||||
16 | "Deflection" means a situation in which an individual is | ||||||
17 | presented for admission to a facility or agency, and the | ||||||
18 | facility staff or agency staff do not admit the individual. | ||||||
19 | "Deflection" includes triage, redirection, and denial of | ||||||
20 | admission. | ||||||
21 | "Department" means the Department of Human Services. | ||||||
22 | "Developmental disability" means "developmental | ||||||
23 | disability" as defined in the Mental Health and Developmental | ||||||
24 | Disabilities Code. | ||||||
25 | "Egregious neglect" means a finding of neglect as | ||||||
26 | determined by the Inspector General that (i) represents a |
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1 | gross failure to adequately provide for, or a callused | ||||||
2 | indifference to, the health, safety, or medical needs of an | ||||||
3 | individual and (ii) results in an individual's death or other | ||||||
4 | serious deterioration of an individual's physical condition or | ||||||
5 | mental condition. | ||||||
6 | "Employee" means any person who provides services at the | ||||||
7 | facility or agency on-site or off-site. The service | ||||||
8 | relationship can be with the individual or with the facility | ||||||
9 | or agency. Also, "employee" includes any employee or | ||||||
10 | contractual agent of the Department of Human Services or the | ||||||
11 | community agency involved in providing or monitoring or | ||||||
12 | administering mental health or developmental disability | ||||||
13 | services. This includes but is not limited to: owners, | ||||||
14 | operators, payroll personnel, contractors, subcontractors, and | ||||||
15 | volunteers. | ||||||
16 | "Facility" or "State-operated facility" means a mental | ||||||
17 | health facility or developmental disabilities facility | ||||||
18 | operated by the Department. | ||||||
19 | "Financial exploitation" means taking unjust advantage of | ||||||
20 | an individual's assets, property, or financial resources | ||||||
21 | through deception, intimidation, or conversion for the | ||||||
22 | employee's, facility's, or agency's own advantage or benefit. | ||||||
23 | "Finding" means the Office of Inspector General's | ||||||
24 | determination regarding whether an allegation is | ||||||
25 | substantiated, unsubstantiated, or unfounded. | ||||||
26 | "Health Care Worker Registry" or "Registry" means the |
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1 | Health Care Worker Registry under the Health Care Worker | ||||||
2 | Background Check Act. | ||||||
3 | "Individual" means any person receiving mental health | ||||||
4 | service, developmental disabilities service, or both from a | ||||||
5 | facility or agency, while either on-site or off-site. | ||||||
6 | "Mental abuse" means the use of demeaning, intimidating, | ||||||
7 | or threatening words, signs, gestures, or other actions by an | ||||||
8 | employee about an individual and in the presence of an | ||||||
9 | individual or individuals that results in emotional distress | ||||||
10 | or maladaptive behavior, or could have resulted in emotional | ||||||
11 | distress or maladaptive behavior, for any individual present. | ||||||
12 | "Mental illness" means "mental illness" as defined in the | ||||||
13 | Mental Health and Developmental Disabilities Code. | ||||||
14 | "Mentally ill" means having a mental illness. | ||||||
15 | "Mitigating circumstance" means a condition that (i) is | ||||||
16 | attendant to a finding, (ii) does not excuse or justify the | ||||||
17 | conduct in question, but (iii) may be considered in evaluating | ||||||
18 | the severity of the conduct, the culpability of the accused, | ||||||
19 | or both the severity of the conduct and the culpability of the | ||||||
20 | accused. | ||||||
21 | "Neglect" means an employee's, agency's, or facility's | ||||||
22 | failure to provide adequate medical care, personal care, or | ||||||
23 | maintenance and that, as a consequence, (i) causes an | ||||||
24 | individual pain, injury, or emotional distress, (ii) results | ||||||
25 | in either an individual's maladaptive behavior or the | ||||||
26 | deterioration of an individual's physical condition or mental |
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1 | condition, or (iii) places the individual's health or safety | ||||||
2 | at substantial risk. | ||||||
3 | "Person with a developmental disability" means a person | ||||||
4 | having a developmental disability. | ||||||
5 | "Physical abuse" means an employee's non-accidental and | ||||||
6 | inappropriate contact with an individual that causes bodily | ||||||
7 | harm. "Physical abuse" includes actions that cause bodily harm | ||||||
8 | as a result of an employee directing an individual or person to | ||||||
9 | physically abuse another individual. | ||||||
10 | "Recommendation" means an admonition, separate from a | ||||||
11 | finding, that requires action by the facility, agency, or | ||||||
12 | Department to correct a systemic issue, problem, or deficiency | ||||||
13 | identified during an investigation. | ||||||
14 | "Required reporter" means any employee who suspects, | ||||||
15 | witnesses, or is informed of an allegation of any one or more | ||||||
16 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
17 | neglect, or financial exploitation. | ||||||
18 | "Secretary" means the Chief Administrative Officer of the | ||||||
19 | Department. | ||||||
20 | "Sexual abuse" means any sexual contact or intimate | ||||||
21 | physical contact between an employee and an individual, | ||||||
22 | including an employee's coercion or encouragement of an | ||||||
23 | individual to engage in sexual behavior that results in sexual | ||||||
24 | contact, intimate physical contact, sexual behavior, or | ||||||
25 | intimate physical behavior. Sexual abuse also includes (i) an | ||||||
26 | employee's actions that result in the sending or showing of |
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1 | sexually explicit images to an individual via computer, | ||||||
2 | cellular phone, electronic mail, portable electronic device, | ||||||
3 | or other media with or without contact with the individual or | ||||||
4 | (ii) an employee's posting of sexually explicit images of an | ||||||
5 | individual online or elsewhere whether or not there is contact | ||||||
6 | with the individual. | ||||||
7 | "Sexually explicit images" includes, but is not limited | ||||||
8 | to, any material which depicts nudity, sexual conduct, or | ||||||
9 | sado-masochistic abuse, or which contains explicit and | ||||||
10 | detailed verbal descriptions or narrative accounts of sexual | ||||||
11 | excitement, sexual conduct, or sado-masochistic abuse. | ||||||
12 | "Substantiated" means there is a preponderance of the | ||||||
13 | evidence to support the allegation. | ||||||
14 | "Unfounded" means there is no credible evidence to support | ||||||
15 | the allegation. | ||||||
16 | "Unsubstantiated" means there is credible evidence, but | ||||||
17 | less than a preponderance of evidence to support the | ||||||
18 | allegation. | ||||||
19 | (c) Appointment. The Governor shall appoint, and the | ||||||
20 | Senate shall confirm, an Inspector General. The Inspector | ||||||
21 | General shall be appointed for a term of 4 years and shall | ||||||
22 | function within the Department of Human Services and report to | ||||||
23 | the Secretary and the Governor. | ||||||
24 | (d) Operation and appropriation. The Inspector General | ||||||
25 | shall function independently within the Department with | ||||||
26 | respect to the operations of the Office, including the |
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1 | performance of investigations and issuance of findings and | ||||||
2 | recommendations. The appropriation for the Office of Inspector | ||||||
3 | General shall be separate from the overall appropriation for | ||||||
4 | the Department. | ||||||
5 | (e) Powers and duties. The Inspector General shall | ||||||
6 | investigate reports of suspected mental abuse, physical abuse, | ||||||
7 | sexual abuse, neglect, or financial exploitation of | ||||||
8 | individuals in any mental health or developmental disabilities | ||||||
9 | facility or agency and shall have authority to take immediate | ||||||
10 | action to prevent any one or more of the following from | ||||||
11 | happening to individuals under its jurisdiction: mental abuse, | ||||||
12 | physical abuse, sexual abuse, neglect, or financial | ||||||
13 | exploitation. Upon written request of an agency of this State, | ||||||
14 | the Inspector General may assist another agency of the State | ||||||
15 | in investigating reports of the abuse, neglect, or abuse and | ||||||
16 | neglect of persons with mental illness, persons with | ||||||
17 | developmental disabilities, or persons with both. To comply | ||||||
18 | with the requirements of subsection (k) of this Section, the | ||||||
19 | Inspector General shall also review all reportable deaths for | ||||||
20 | which there is no allegation of abuse or neglect. Nothing in | ||||||
21 | this Section shall preempt any duties of the Medical Review | ||||||
22 | Board set forth in the Mental Health and Developmental | ||||||
23 | Disabilities Code. The Inspector General shall have no | ||||||
24 | authority to investigate alleged violations of the State | ||||||
25 | Officials and Employees Ethics Act. Allegations of misconduct | ||||||
26 | under the State Officials and Employees Ethics Act shall be |
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1 | referred to the Office of the Governor's Executive Inspector | ||||||
2 | General for investigation. | ||||||
3 | (f) Limitations. The Inspector General shall not conduct | ||||||
4 | an investigation within an agency or facility if that | ||||||
5 | investigation would be redundant to or interfere with an | ||||||
6 | investigation conducted by another State agency. The Inspector | ||||||
7 | General shall have no supervision over, or involvement in, the | ||||||
8 | routine programmatic, licensing, funding, or certification | ||||||
9 | operations of the Department. Nothing in this subsection | ||||||
10 | limits investigations by the Department that may otherwise be | ||||||
11 | required by law or that may be necessary in the Department's | ||||||
12 | capacity as central administrative authority responsible for | ||||||
13 | the operation of the State's mental health and developmental | ||||||
14 | disabilities facilities. | ||||||
15 | (g) Rulemaking authority. The Inspector General shall | ||||||
16 | promulgate rules establishing minimum requirements for | ||||||
17 | reporting allegations as well as for initiating, conducting, | ||||||
18 | and completing investigations based upon the nature of the | ||||||
19 | allegation or allegations. The rules shall clearly establish | ||||||
20 | that if 2 or more State agencies could investigate an | ||||||
21 | allegation, the Inspector General shall not conduct an | ||||||
22 | investigation that would be redundant to, or interfere with, | ||||||
23 | an investigation conducted by another State agency. The rules | ||||||
24 | shall further clarify the method and circumstances under which | ||||||
25 | the Office of Inspector General may interact with the | ||||||
26 | licensing, funding, or certification units of the Department |
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1 | in preventing further occurrences of mental abuse, physical | ||||||
2 | abuse, sexual abuse, neglect, egregious neglect, and financial | ||||||
3 | exploitation. | ||||||
4 | (h) Training programs. The Inspector General shall (i) | ||||||
5 | establish a comprehensive program to ensure that every person | ||||||
6 | authorized to conduct investigations receives ongoing training | ||||||
7 | relative to investigation techniques, communication skills, | ||||||
8 | and the appropriate means of interacting with persons | ||||||
9 | receiving treatment for mental illness, developmental | ||||||
10 | disability, or both mental illness and developmental | ||||||
11 | disability, and (ii) establish and conduct periodic training | ||||||
12 | programs for facility and agency employees concerning the | ||||||
13 | prevention and reporting of any one or more of the following: | ||||||
14 | mental abuse, physical abuse, sexual abuse, neglect, egregious | ||||||
15 | neglect, or financial exploitation. The Inspector General | ||||||
16 | shall further ensure (i) every person authorized to conduct | ||||||
17 | investigations at community agencies receives ongoing training | ||||||
18 | in Title 59, Parts 115, 116, and 119 of the Illinois | ||||||
19 | Administrative Code, and (ii) every person authorized to | ||||||
20 | conduct investigations shall receive ongoing training in Title | ||||||
21 | 59, Part 50 of the Illinois Administrative Code. Nothing in | ||||||
22 | this Section shall be deemed to prevent the Office of | ||||||
23 | Inspector General from conducting any other training as | ||||||
24 | determined by the Inspector General to be necessary or | ||||||
25 | helpful. | ||||||
26 | (i) Duty to cooperate. |
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1 | (1) The Inspector General shall at all times be | ||||||
2 | granted access to any facility or agency for the purpose | ||||||
3 | of investigating any allegation, conducting unannounced | ||||||
4 | site visits, monitoring compliance with a written | ||||||
5 | response, or completing any other statutorily assigned | ||||||
6 | duty. The Inspector General shall conduct unannounced site | ||||||
7 | visits to each facility at least annually for the purpose | ||||||
8 | of reviewing and making recommendations on systemic issues | ||||||
9 | relative to preventing, reporting, investigating, and | ||||||
10 | responding to all of the following: mental abuse, physical | ||||||
11 | abuse, sexual abuse, neglect, egregious neglect, or | ||||||
12 | financial exploitation. | ||||||
13 | (2) Any employee who fails to cooperate with an Office | ||||||
14 | of the Inspector General investigation is in violation of | ||||||
15 | this Act. Failure to cooperate with an investigation | ||||||
16 | includes, but is not limited to, any one or more of the | ||||||
17 | following: (i) creating and transmitting a false report to | ||||||
18 | the Office of the Inspector General hotline, (ii) | ||||||
19 | providing false information to an Office of the Inspector | ||||||
20 | General Investigator during an investigation, (iii) | ||||||
21 | colluding with other employees to cover up evidence, (iv) | ||||||
22 | colluding with other employees to provide false | ||||||
23 | information to an Office of the Inspector General | ||||||
24 | investigator, (v) destroying evidence, (vi) withholding | ||||||
25 | evidence, or (vii) otherwise obstructing an Office of the | ||||||
26 | Inspector General investigation. Additionally, any |
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1 | employee who, during an unannounced site visit or written | ||||||
2 | response compliance check, fails to cooperate with | ||||||
3 | requests from the Office of the Inspector General is in | ||||||
4 | violation of this Act. | ||||||
5 | (j) Subpoena powers. The Inspector General shall have the | ||||||
6 | power to subpoena witnesses and compel the production of all | ||||||
7 | documents and physical evidence relating to his or her | ||||||
8 | investigations and any hearings authorized by this Act. This | ||||||
9 | subpoena power shall not extend to persons or documents of a | ||||||
10 | labor organization or its representatives insofar as the | ||||||
11 | persons are acting in a representative capacity to an employee | ||||||
12 | whose conduct is the subject of an investigation or the | ||||||
13 | documents relate to that representation. Any person who | ||||||
14 | otherwise fails to respond to a subpoena or who knowingly | ||||||
15 | provides false information to the Office of the Inspector | ||||||
16 | General by subpoena during an investigation is guilty of a | ||||||
17 | Class A misdemeanor. | ||||||
18 | (k) Reporting allegations and deaths. | ||||||
19 | (1) Allegations. If an employee witnesses, is told of, | ||||||
20 | or has reason to believe an incident of mental abuse, | ||||||
21 | physical abuse, sexual abuse, neglect, or financial | ||||||
22 | exploitation has occurred, the employee, agency, or | ||||||
23 | facility shall report the allegation by phone to the | ||||||
24 | Office of the Inspector General hotline according to the | ||||||
25 | agency's or facility's procedures, but in no event later | ||||||
26 | than 4 hours after the initial discovery of the incident, |
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1 | allegation, or suspicion of any one or more of the | ||||||
2 | following: mental abuse, physical abuse, sexual abuse, | ||||||
3 | neglect, or financial exploitation. A required reporter as | ||||||
4 | defined in subsection (b) of this Section who knowingly or | ||||||
5 | intentionally fails to comply with these reporting | ||||||
6 | requirements is guilty of a Class A misdemeanor. | ||||||
7 | (2) Deaths. Absent an allegation, a required reporter | ||||||
8 | shall, within 24 hours after initial discovery, report by | ||||||
9 | phone to the Office of the Inspector General hotline each | ||||||
10 | of the following: | ||||||
11 | (i) Any death of an individual occurring within 14 | ||||||
12 | calendar days after discharge or transfer of the | ||||||
13 | individual from a residential program or facility. | ||||||
14 | (ii) Any death of an individual occurring within | ||||||
15 | 24 hours after deflection from a residential program | ||||||
16 | or facility. | ||||||
17 | (iii) Any other death of an individual occurring | ||||||
18 | at an agency or facility or at any Department-funded | ||||||
19 | site. | ||||||
20 | (3) Retaliation. It is a violation of this Act for any | ||||||
21 | employee or administrator of an agency or facility to take | ||||||
22 | retaliatory action against an employee who acts in good | ||||||
23 | faith in conformance with his or her duties as a required | ||||||
24 | reporter. | ||||||
25 | (l) Reporting to law enforcement. (1) Reporting criminal | ||||||
26 | acts. Within 24 hours after determining that there is credible |
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1 | evidence indicating that a criminal act may have been | ||||||
2 | committed or that special expertise may be required in an | ||||||
3 | investigation, the Inspector General shall notify the Illinois | ||||||
4 | State Police or other appropriate law enforcement authority, | ||||||
5 | or ensure that such notification is made. The Illinois State | ||||||
6 | Police shall investigate any report from a State-operated | ||||||
7 | facility indicating a possible murder, sexual assault, or | ||||||
8 | other felony by an employee. All investigations conducted by | ||||||
9 | the Inspector General shall be conducted in a manner designed | ||||||
10 | to ensure the preservation of evidence for possible use in a | ||||||
11 | criminal prosecution. | ||||||
12 | (2) Reporting allegations of adult students with | ||||||
13 | disabilities. Upon receipt of a reportable allegation | ||||||
14 | regarding an adult student with a disability, the | ||||||
15 | Department's Office of the Inspector General shall | ||||||
16 | determine whether the allegation meets the criteria for | ||||||
17 | the Domestic Abuse Program under the Abuse of Adults with | ||||||
18 | Disabilities Intervention Act. If the allegation is | ||||||
19 | reportable to that program, the Office of the Inspector | ||||||
20 | General shall initiate an investigation. If the allegation | ||||||
21 | is not reportable to the Domestic Abuse Program, the | ||||||
22 | Office of the Inspector General shall make an expeditious | ||||||
23 | referral to the respective law enforcement entity. If the | ||||||
24 | alleged victim is already receiving services from the | ||||||
25 | Department, the Office of the Inspector General shall also | ||||||
26 | make a referral to the respective Department of Human |
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1 | Services' Division or Bureau. | ||||||
2 | (m) Investigative reports. Upon completion of an | ||||||
3 | investigation, the Office of Inspector General shall issue an | ||||||
4 | investigative report identifying whether the allegations are | ||||||
5 | substantiated, unsubstantiated, or unfounded. Within 10 | ||||||
6 | business days after the transmittal of a completed | ||||||
7 | investigative report substantiating an allegation, finding an | ||||||
8 | allegation is unsubstantiated, or if a recommendation is made, | ||||||
9 | the Inspector General shall provide the investigative report | ||||||
10 | on the case to the Secretary and to the director of the | ||||||
11 | facility or agency where any one or more of the following | ||||||
12 | occurred: mental abuse, physical abuse, sexual abuse, neglect, | ||||||
13 | egregious neglect, or financial exploitation. The director of | ||||||
14 | the facility or agency shall be responsible for maintaining | ||||||
15 | the confidentiality of the investigative report consistent | ||||||
16 | with State and federal law. In a substantiated case, the | ||||||
17 | investigative report shall include any mitigating or | ||||||
18 | aggravating circumstances that were identified during the | ||||||
19 | investigation. If the case involves substantiated neglect, the | ||||||
20 | investigative report shall also state whether egregious | ||||||
21 | neglect was found. An investigative report may also set forth | ||||||
22 | recommendations. All investigative reports prepared by the | ||||||
23 | Office of the Inspector General shall be considered | ||||||
24 | confidential and shall not be released except as provided by | ||||||
25 | the law of this State or as required under applicable federal | ||||||
26 | law. Unsubstantiated and unfounded reports shall not be |
| |||||||
| |||||||
1 | disclosed except as allowed under Section 6 of the Abused and | ||||||
2 | Neglected Long Term Care Facility Residents Reporting Act. Raw | ||||||
3 | data used to compile the investigative report shall not be | ||||||
4 | subject to release unless required by law or a court order. | ||||||
5 | "Raw data used to compile the investigative report" includes, | ||||||
6 | but is not limited to, any one or more of the following: the | ||||||
7 | initial complaint, witness statements, photographs, | ||||||
8 | investigator's notes, police reports, or incident reports. If | ||||||
9 | the allegations are substantiated, the victim, the victim's | ||||||
10 | guardian, and the accused shall be provided with a redacted | ||||||
11 | copy of the investigative report. Death reports where there | ||||||
12 | was no allegation of abuse or neglect shall only be released | ||||||
13 | pursuant to applicable State or federal law or a valid court | ||||||
14 | order. Unredacted investigative reports, as well as raw data, | ||||||
15 | may be shared with a local law enforcement entity, a State's | ||||||
16 | Attorney's office, or a county coroner's office upon written | ||||||
17 | request. | ||||||
18 | (n) Written responses, clarification requests, and | ||||||
19 | reconsideration requests. | ||||||
20 | (1) Written responses. Within 30 calendar days from | ||||||
21 | receipt of a substantiated investigative report or an | ||||||
22 | investigative report which contains recommendations, | ||||||
23 | absent a reconsideration request, the facility or agency | ||||||
24 | shall file a written response that addresses, in a concise | ||||||
25 | and reasoned manner, the actions taken to: (i) protect the | ||||||
26 | individual; (ii) prevent recurrences; and (iii) eliminate |
| |||||||
| |||||||
1 | the problems identified. The response shall include the | ||||||
2 | implementation and completion dates of such actions. If | ||||||
3 | the written response is not filed within the allotted 30 | ||||||
4 | calendar day period, the Secretary shall determine the | ||||||
5 | appropriate corrective action to be taken. | ||||||
6 | (2) Requests for clarification. The facility, agency, | ||||||
7 | victim or guardian, or the subject employee may request | ||||||
8 | that the Office of Inspector General clarify the finding | ||||||
9 | or findings for which clarification is sought. | ||||||
10 | (3) Requests for reconsideration. The facility, | ||||||
11 | agency, victim or guardian, or the subject employee may | ||||||
12 | request that the Office of the Inspector General | ||||||
13 | reconsider the finding or findings or the recommendations. | ||||||
14 | A request for reconsideration shall be subject to a | ||||||
15 | multi-layer review and shall include at least one reviewer | ||||||
16 | who did not participate in the investigation or approval | ||||||
17 | of the original investigative report. After the | ||||||
18 | multi-layer review process has been completed, the | ||||||
19 | Inspector General shall make the final determination on | ||||||
20 | the reconsideration request. The investigation shall be | ||||||
21 | reopened if the reconsideration determination finds that | ||||||
22 | additional information is needed to complete the | ||||||
23 | investigative record. | ||||||
24 | (o) Disclosure of the finding by the Inspector General. | ||||||
25 | The Inspector General shall disclose the finding of an | ||||||
26 | investigation to the following persons: (i) the Governor, (ii) |
| |||||||
| |||||||
1 | the Secretary, (iii) the director of the facility or agency, | ||||||
2 | (iv) the alleged victims and their guardians, (v) the | ||||||
3 | complainant, and (vi) the accused. This information shall | ||||||
4 | include whether the allegations were deemed substantiated, | ||||||
5 | unsubstantiated, or unfounded. | ||||||
6 | (p) Secretary review. Upon review of the Inspector | ||||||
7 | General's investigative report and any agency's or facility's | ||||||
8 | written response, the Secretary shall accept or reject the | ||||||
9 | written response and notify the Inspector General of that | ||||||
10 | determination. The Secretary may further direct that other | ||||||
11 | administrative action be taken, including, but not limited to, | ||||||
12 | any one or more of the following: (i) additional site visits, | ||||||
13 | (ii) training, (iii) provision of technical assistance | ||||||
14 | relative to administrative needs, licensure, or certification, | ||||||
15 | or (iv) the imposition of appropriate sanctions. | ||||||
16 | (q) Action by facility or agency. Within 30 days of the | ||||||
17 | date the Secretary approves the written response or directs | ||||||
18 | that further administrative action be taken, the facility or | ||||||
19 | agency shall provide an implementation report to the Inspector | ||||||
20 | General that provides the status of the action taken. The | ||||||
21 | facility or agency shall be allowed an additional 30 days to | ||||||
22 | send notice of completion of the action or to send an updated | ||||||
23 | implementation report. If the action has not been completed | ||||||
24 | within the additional 30-day period, the facility or agency | ||||||
25 | shall send updated implementation reports every 60 days until | ||||||
26 | completion. The Inspector General shall conduct a review of |
| |||||||
| |||||||
1 | any implementation plan that takes more than 120 days after | ||||||
2 | approval to complete, and shall monitor compliance through a | ||||||
3 | random review of approved written responses, which may | ||||||
4 | include, but are not limited to: (i) site visits, (ii) | ||||||
5 | telephone contact, and (iii) requests for additional | ||||||
6 | documentation evidencing compliance. | ||||||
7 | (r) Sanctions. Sanctions, if imposed by the Secretary | ||||||
8 | under Subdivision (p)(iv) of this Section, shall be designed | ||||||
9 | to prevent further acts of mental abuse, physical abuse, | ||||||
10 | sexual abuse, neglect, egregious neglect, or financial | ||||||
11 | exploitation or some combination of one or more of those acts | ||||||
12 | at a facility or agency, and may include any one or more of the | ||||||
13 | following: | ||||||
14 | (1) Appointment of on-site monitors. | ||||||
15 | (2) Transfer or relocation of an individual or | ||||||
16 | individuals. | ||||||
17 | (3) Closure of units. | ||||||
18 | (4) Termination of any one or more of the following: | ||||||
19 | (i) Department licensing, (ii) funding, or (iii) | ||||||
20 | certification. | ||||||
21 | The Inspector General may seek the assistance of the | ||||||
22 | Illinois Attorney General or the office of any State's | ||||||
23 | Attorney in implementing sanctions. | ||||||
24 | (s) Health Care Worker Registry. | ||||||
25 | (1) Reporting to the Registry. The Inspector General | ||||||
26 | shall report to the Department of Public Health's Health |
| |||||||
| |||||||
1 | Care Worker Registry, a public registry, the identity and | ||||||
2 | finding of each employee of a facility or agency against | ||||||
3 | whom there is a final investigative report containing a | ||||||
4 | substantiated allegation of physical or sexual abuse, | ||||||
5 | financial exploitation, or egregious neglect of an | ||||||
6 | individual. | ||||||
7 | (2) Notice to employee. Prior to reporting the name of | ||||||
8 | an employee, the employee shall be notified of the | ||||||
9 | Department's obligation to report and shall be granted an | ||||||
10 | opportunity to request an administrative hearing, the sole | ||||||
11 | purpose of which is to determine if the substantiated | ||||||
12 | finding warrants reporting to the Registry. Notice to the | ||||||
13 | employee shall contain a clear and concise statement of | ||||||
14 | the grounds on which the report to the Registry is based, | ||||||
15 | offer the employee an opportunity for a hearing, and | ||||||
16 | identify the process for requesting such a hearing. Notice | ||||||
17 | is sufficient if provided by certified mail to the | ||||||
18 | employee's last known address. If the employee fails to | ||||||
19 | request a hearing within 30 days from the date of the | ||||||
20 | notice, the Inspector General shall report the name of the | ||||||
21 | employee to the Registry. Nothing in this subdivision | ||||||
22 | (s)(2) shall diminish or impair the rights of a person who | ||||||
23 | is a member of a collective bargaining unit under the | ||||||
24 | Illinois Public Labor Relations Act or under any other | ||||||
25 | federal labor statute. | ||||||
26 | (3) Registry hearings. If the employee requests an |
| |||||||
| |||||||
1 | administrative hearing, the employee shall be granted an | ||||||
2 | opportunity to appear before an administrative law judge | ||||||
3 | to present reasons why the employee's name should not be | ||||||
4 | reported to the Registry. The Department shall bear the | ||||||
5 | burden of presenting evidence that establishes, by a | ||||||
6 | preponderance of the evidence, that the substantiated | ||||||
7 | finding warrants reporting to the Registry. After | ||||||
8 | considering all the evidence presented, the administrative | ||||||
9 | law judge shall make a recommendation to the Secretary as | ||||||
10 | to whether the substantiated finding warrants reporting | ||||||
11 | the name of the employee to the Registry. The Secretary | ||||||
12 | shall render the final decision. The Department and the | ||||||
13 | employee shall have the right to request that the | ||||||
14 | administrative law judge consider a stipulated disposition | ||||||
15 | of these proceedings. | ||||||
16 | (4) Testimony at Registry hearings. A person who makes | ||||||
17 | a report or who investigates a report under this Act shall | ||||||
18 | testify fully in any judicial proceeding resulting from | ||||||
19 | such a report, as to any evidence of abuse or neglect, or | ||||||
20 | the cause thereof. No evidence shall be excluded by reason | ||||||
21 | of any common law or statutory privilege relating to | ||||||
22 | communications between the alleged perpetrator of abuse or | ||||||
23 | neglect, or the individual alleged as the victim in the | ||||||
24 | report, and the person making or investigating the report. | ||||||
25 | Testimony at hearings is exempt from the confidentiality | ||||||
26 | requirements of subsection (f) of Section 10 of the Mental |
| |||||||
| |||||||
1 | Health and Developmental Disabilities Confidentiality Act. | ||||||
2 | (5) Employee's rights to collateral action. No | ||||||
3 | reporting to the Registry shall occur and no hearing shall | ||||||
4 | be set or proceed if an employee notifies the Inspector | ||||||
5 | General in writing, including any supporting | ||||||
6 | documentation, that he or she is formally contesting an | ||||||
7 | adverse employment action resulting from a substantiated | ||||||
8 | finding by complaint filed with the Illinois Civil Service | ||||||
9 | Commission, or which otherwise seeks to enforce the | ||||||
10 | employee's rights pursuant to any applicable collective | ||||||
11 | bargaining agreement. If an action taken by an employer | ||||||
12 | against an employee as a result of a finding of physical | ||||||
13 | abuse, sexual abuse, or egregious neglect is overturned | ||||||
14 | through an action filed with the Illinois Civil Service | ||||||
15 | Commission or under any applicable collective bargaining | ||||||
16 | agreement and if that employee's name has already been | ||||||
17 | sent to the Registry, the employee's name shall be removed | ||||||
18 | from the Registry. | ||||||
19 | (6) Removal from Registry. At any time after the | ||||||
20 | report to the Registry, but no more than once in any | ||||||
21 | 12-month period, an employee may petition the Department | ||||||
22 | in writing to remove his or her name from the Registry. | ||||||
23 | Upon receiving notice of such request, the Inspector | ||||||
24 | General shall conduct an investigation into the petition. | ||||||
25 | Upon receipt of such request, an administrative hearing | ||||||
26 | will be set by the Department. At the hearing, the |
| |||||||
| |||||||
1 | employee shall bear the burden of presenting evidence that | ||||||
2 | establishes, by a preponderance of the evidence, that | ||||||
3 | removal of the name from the Registry is in the public | ||||||
4 | interest. The parties may jointly request that the | ||||||
5 | administrative law judge consider a stipulated disposition | ||||||
6 | of these proceedings. | ||||||
7 | (t) Review of Administrative Decisions. The Department | ||||||
8 | shall preserve a record of all proceedings at any formal | ||||||
9 | hearing conducted by the Department involving Health Care | ||||||
10 | Worker Registry hearings. Final administrative decisions of | ||||||
11 | the Department are subject to judicial review pursuant to | ||||||
12 | provisions of the Administrative Review Law. | ||||||
13 | (u) Quality Care Board. There is created, within the | ||||||
14 | Office of the Inspector General, a Quality Care Board to be | ||||||
15 | composed of 7 members appointed by the Governor with the | ||||||
16 | advice and consent of the Senate. One of the members shall be | ||||||
17 | designated as chairman by the Governor. Of the initial | ||||||
18 | appointments made by the Governor, 4 Board members shall each | ||||||
19 | be appointed for a term of 4 years and 3 members shall each be | ||||||
20 | appointed for a term of 2 years. Upon the expiration of each | ||||||
21 | member's term, a successor shall be appointed for a term of 4 | ||||||
22 | years. In the case of a vacancy in the office of any member, | ||||||
23 | the Governor shall appoint a successor for the remainder of | ||||||
24 | the unexpired term. | ||||||
25 | Members appointed by the Governor shall be qualified by | ||||||
26 | professional knowledge or experience in the area of law, |
| |||||||
| |||||||
1 | investigatory techniques, or in the area of care of the | ||||||
2 | mentally ill or care of persons with developmental | ||||||
3 | disabilities. Two members appointed by the Governor shall be | ||||||
4 | persons with a disability or parents of persons with a | ||||||
5 | disability. Members shall serve without compensation, but | ||||||
6 | shall be reimbursed for expenses incurred in connection with | ||||||
7 | the performance of their duties as members. | ||||||
8 | The Board shall meet quarterly, and may hold other | ||||||
9 | meetings on the call of the chairman. Four members shall | ||||||
10 | constitute a quorum allowing the Board to conduct its | ||||||
11 | business. The Board may adopt rules and regulations it deems | ||||||
12 | necessary to govern its own procedures. | ||||||
13 | The Board shall monitor and oversee the operations, | ||||||
14 | policies, and procedures of the Inspector General to ensure | ||||||
15 | the prompt and thorough investigation of allegations of | ||||||
16 | neglect and abuse. In fulfilling these responsibilities, the | ||||||
17 | Board may do the following: | ||||||
18 | (1) Provide independent, expert consultation to the | ||||||
19 | Inspector General on policies and protocols for | ||||||
20 | investigations of alleged abuse, neglect, or both abuse | ||||||
21 | and neglect. | ||||||
22 | (2) Review existing regulations relating to the | ||||||
23 | operation of facilities. | ||||||
24 | (3) Advise the Inspector General as to the content of | ||||||
25 | training activities authorized under this Section. | ||||||
26 | (4) Recommend policies concerning methods for |
| |||||||
| |||||||
1 | improving the intergovernmental relationships between the | ||||||
2 | Office of the Inspector General and other State or federal | ||||||
3 | offices. | ||||||
4 | (v) Annual report. The Inspector General shall provide to | ||||||
5 | the General Assembly and the Governor, no later than January 1 | ||||||
6 | of each year, a summary of reports and investigations made | ||||||
7 | under this Act for the prior fiscal year with respect to | ||||||
8 | individuals receiving mental health or developmental | ||||||
9 | disabilities services. The report shall detail the imposition | ||||||
10 | of sanctions, if any, and the final disposition of any | ||||||
11 | corrective or administrative action directed by the Secretary. | ||||||
12 | The summaries shall not contain any confidential or | ||||||
13 | identifying information of any individual, but shall include | ||||||
14 | objective data identifying any trends in the number of | ||||||
15 | reported allegations, the timeliness of the Office of the | ||||||
16 | Inspector General's investigations, and their disposition, for | ||||||
17 | each facility and Department-wide, for the most recent 3-year | ||||||
18 | time period. The report shall also identify, by facility, the | ||||||
19 | staff-to-patient ratios taking account of direct care staff | ||||||
20 | only. The report shall also include detailed recommended | ||||||
21 | administrative actions and matters for consideration by the | ||||||
22 | General Assembly. | ||||||
23 | (w) Program audit. The Auditor General shall conduct a | ||||||
24 | program audit of the Office of the Inspector General on an | ||||||
25 | as-needed basis, as determined by the Auditor General. The | ||||||
26 | audit shall specifically include the Inspector General's |
| |||||||
| |||||||
1 | compliance with the Act and effectiveness in investigating | ||||||
2 | reports of allegations occurring in any facility or agency. | ||||||
3 | The Auditor General shall conduct the program audit according | ||||||
4 | to the provisions of the Illinois State Auditing Act and shall | ||||||
5 | report its findings to the General Assembly no later than | ||||||
6 | January 1 following the audit period.
| ||||||
7 | (x) Nothing in this Section shall be construed to mean | ||||||
8 | that an individual is a victim of abuse or neglect because of | ||||||
9 | health care services appropriately provided or not provided by | ||||||
10 | health care professionals. | ||||||
11 | (y) Nothing in this Section shall require a facility, | ||||||
12 | including its employees, agents, medical staff members, and | ||||||
13 | health care professionals, to provide a service to an | ||||||
14 | individual in contravention of that individual's stated or | ||||||
15 | implied objection to the provision of that service on the | ||||||
16 | ground that that service conflicts with the individual's | ||||||
17 | religious beliefs or practices, nor shall the failure to | ||||||
18 | provide a service to an individual be considered abuse under | ||||||
19 | this Section if the individual has objected to the provision | ||||||
20 | of that service based on his or her religious beliefs or | ||||||
21 | practices.
| ||||||
22 | (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
| ||||||
23 | (20 ILCS 2712/Act rep.) | ||||||
24 | Section 5-15. The Broadband Access on Passenger Rail Law | ||||||
25 | is repealed.
|
| |||||||
| |||||||
1 | (20 ILCS 3930/7.6 rep.) | ||||||
2 | Section 5-20. The Illinois Criminal Justice Information | ||||||
3 | Act is amended by repealing Section 7.6.
| ||||||
4 | Section 5-25. The Illinois Future of Work Act is amended | ||||||
5 | by changing Section 20 as follows:
| ||||||
6 | (20 ILCS 4103/20) | ||||||
7 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
8 | Sec. 20. Report; dissolution.
| ||||||
9 | (a) The Illinois Future of Work Task Force shall issue a | ||||||
10 | report based upon its findings in the course of performing its | ||||||
11 | duties and responsibilities specified under Section 10. The | ||||||
12 | report shall be written by an independent authority with | ||||||
13 | subject matter expertise on the future of work.
| ||||||
14 | (b) The Illinois Future of Work Task Force shall submit | ||||||
15 | its final report to the Governor and the General Assembly no | ||||||
16 | later than June May 1, 2022, and is dissolved upon the filing | ||||||
17 | of its report.
| ||||||
18 | (Source: P.A. 102-407, eff. 8-19-21.)
| ||||||
19 | (20 ILCS 5035/Act rep.) | ||||||
20 | Section 5-30. The Illinois Human Services Commission Act | ||||||
21 | is repealed.
|
| |||||||
| |||||||
1 | (205 ILCS 405/3.2 rep.)
| ||||||
2 | Section 5-35. The Currency Exchange Act is amended by | ||||||
3 | repealing Section 3.2.
| ||||||
4 | Section 5-40. The Grain Code is amended by changing | ||||||
5 | Section 30-25 as follows:
| ||||||
6 | (240 ILCS 40/30-25)
| ||||||
7 | Sec. 30-25. Grain Insurance Reserve Fund. Upon payment in | ||||||
8 | full of all
money that has been transferred to the Fund prior | ||||||
9 | to June 30, 2003 from the
General Revenue Fund as provided for | ||||||
10 | under subsection (h) of Section 25-20, the
State of Illinois | ||||||
11 | shall , subject to appropriation, remit $2,000,000 to the | ||||||
12 | Corporation to be held in a
separate and discrete account to be | ||||||
13 | used to the extent the assets in the Fund
are insufficient to | ||||||
14 | satisfy claimants as payment of their claims become due as
set | ||||||
15 | forth in subsection (h) of Section 25-20. The remittance of | ||||||
16 | the $2,000,000
reserve shall be made to the Corporation within | ||||||
17 | 60 days of payment in full of
all money transferred to the Fund | ||||||
18 | as set forth above in this Section
30-25. All income received | ||||||
19 | by the Reserve Fund shall be deposited in the Fund
within 35 | ||||||
20 | days of the end of each calendar quarter.
| ||||||
21 | (Source: P.A. 93-225, eff. 7-21-03.)
| ||||||
22 | Section 5-45. The Community Services Act is amended by | ||||||
23 | changing Section 4 as follows:
|
| |||||||
| |||||||
1 | (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
| ||||||
2 | Sec. 4. Financing for community services. | ||||||
3 | (a) The Department of Human Services
is authorized to
| ||||||
4 | provide financial reimbursement to eligible private service | ||||||
5 | providers,
corporations, local government entities or | ||||||
6 | voluntary associations for the
provision of services to | ||||||
7 | persons with mental illness, persons with a
developmental | ||||||
8 | disability, and persons with substance use disorders who are | ||||||
9 | living in the
community for the purpose of achieving the goals | ||||||
10 | of this Act.
| ||||||
11 | The Department shall utilize the following funding | ||||||
12 | mechanisms for community
services:
| ||||||
13 | (1) Purchase of Care Contracts: services purchased on | ||||||
14 | a predetermined fee
per unit of service basis from private | ||||||
15 | providers or governmental entities. Fee
per service rates | ||||||
16 | are set by an established formula which covers some | ||||||
17 | portion
of personnel, supplies, and other allowable costs, | ||||||
18 | and which makes some
allowance for geographic variations | ||||||
19 | in costs as well as for additional program
components.
| ||||||
20 | (2) Grants: sums of money which the Department grants | ||||||
21 | to private providers or
governmental
entities pursuant to | ||||||
22 | the grant recipient's agreement to provide certain
| ||||||
23 | services, as defined by departmental grant guidelines, to | ||||||
24 | an
approximate number of service
recipients. Grant levels | ||||||
25 | are set through consideration of personnel, supply and
|
| |||||||
| |||||||
1 | other allowable costs, as well as other funds available to | ||||||
2 | the program.
| ||||||
3 | (3) Other Funding Arrangements: funding mechanisms may | ||||||
4 | be established
on a pilot basis in order to examine the | ||||||
5 | feasibility of alternative financing
arrangements for the | ||||||
6 | provision of community services.
| ||||||
7 | The Department shall establish and maintain an equitable | ||||||
8 | system of
payment
which allows providers to improve persons | ||||||
9 | with disabilities'
capabilities for
independence and reduces | ||||||
10 | their reliance on State-operated
services. | ||||||
11 | For services classified as entitlement services under | ||||||
12 | federal law or guidelines, caps may not be placed on the total | ||||||
13 | amount of payment a provider may receive in a fiscal year and | ||||||
14 | the Department shall not require that a portion of the | ||||||
15 | payments due be made in a subsequent fiscal year based on a | ||||||
16 | yearly payment cap. | ||||||
17 | (b) (Blank). The Governor shall create a commission by | ||||||
18 | September 1, 2009, or as soon thereafter as possible, to | ||||||
19 | review funding methodologies, identify gaps in funding, | ||||||
20 | identify revenue, and prioritize use of that revenue for | ||||||
21 | community developmental disability services, mental health | ||||||
22 | services, alcohol and substance abuse services, rehabilitation | ||||||
23 | services, and early intervention services. The Office of the | ||||||
24 | Governor shall provide staff support for the commission. | ||||||
25 | (c) (Blank). The first meeting of the commission shall be | ||||||
26 | held within the first month after the creation and appointment |
| |||||||
| |||||||
1 | of the commission, and a final report summarizing the | ||||||
2 | commission's recommendations must be issued within 12 months | ||||||
3 | after the first meeting, and no later than September 1, 2010, | ||||||
4 | to the Governor and the General Assembly. | ||||||
5 | (d) (Blank). The commission shall have the following 13 | ||||||
6 | voting members: | ||||||
7 | (A) one member of the House of Representatives, | ||||||
8 | appointed by the Speaker of the House of Representatives; | ||||||
9 | (B) one member of the House of Representatives, | ||||||
10 | appointed by the House Minority Leader; | ||||||
11 | (C) one member of the Senate, appointed by the | ||||||
12 | President of the Senate; | ||||||
13 | (D) one member of the Senate, appointed by the Senate | ||||||
14 | Minority Leader; | ||||||
15 | (E) one person with a developmental disability, or a | ||||||
16 | family member or guardian of such a person, appointed by | ||||||
17 | the Governor; | ||||||
18 | (F) one person with a mental illness, or a family | ||||||
19 | member or guardian of such a person, appointed by the | ||||||
20 | Governor; | ||||||
21 | (G) two persons from unions that represent employees | ||||||
22 | of community providers that serve people with | ||||||
23 | developmental disabilities, mental illness, and alcohol | ||||||
24 | and substance abuse disorders, appointed by the Governor; | ||||||
25 | and | ||||||
26 | (H) five persons from statewide associations that |
| |||||||
| |||||||
1 | represent community providers that provide residential, | ||||||
2 | day training, and other developmental disability services, | ||||||
3 | mental health services, alcohol and substance abuse | ||||||
4 | services, rehabilitation services, or early intervention | ||||||
5 | services, or any combination of those, appointed by the | ||||||
6 | Governor. | ||||||
7 | The commission shall also have the following ex-officio, | ||||||
8 | nonvoting members: | ||||||
9 | (I) the Director of the Governor's Office of | ||||||
10 | Management and Budget or his or her designee; | ||||||
11 | (J) the Chief Financial Officer of the Department of | ||||||
12 | Human Services or his or her designee; | ||||||
13 | (K) the Administrator of the Department of Healthcare | ||||||
14 | and Family Services Division of Finance or his or her | ||||||
15 | designee; | ||||||
16 | (L) the Director of the Department of Human Services | ||||||
17 | Division of Developmental Disabilities or his or her | ||||||
18 | designee; | ||||||
19 | (M) the Director of the Department of Human Services | ||||||
20 | Division of Mental Health or his or her designee;
and | ||||||
21 | (N) the Director of the Department of Human Services | ||||||
22 | Division of Alcoholism and Substance Abuse or his or her | ||||||
23 | designee. | ||||||
24 | (e) The funding methodologies must reflect economic | ||||||
25 | factors inherent in providing services and supports, recognize | ||||||
26 | individual disability needs, and consider geographic |
| |||||||
| |||||||
1 | differences, transportation costs, required staffing ratios, | ||||||
2 | and mandates not currently funded.
| ||||||
3 | (f) In accepting Department funds, providers shall | ||||||
4 | recognize
their responsibility to be
accountable to the | ||||||
5 | Department and the State for the delivery of services
which | ||||||
6 | are consistent
with the philosophies and goals of this Act and | ||||||
7 | the rules and regulations
promulgated under it.
| ||||||
8 | (Source: P.A. 100-759, eff. 1-1-19 .)
| ||||||
9 | ARTICLE 10. DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY | ||||||
10 | Section 10-5. The Department of Commerce and Economic | ||||||
11 | Opportunity Law of the
Civil Administrative Code of Illinois | ||||||
12 | is amended by changing Sections 605-300, 605-615, and 605-680 | ||||||
13 | as follows:
| ||||||
14 | (20 ILCS 605/605-300) (was 20 ILCS 605/46.2)
| ||||||
15 | Sec. 605-300. Economic and business development plans; | ||||||
16 | Illinois Business Development Council. (a) Economic | ||||||
17 | development plans. The Department shall develop a strategic | ||||||
18 | economic development plan for the State by July 1, 2014. By no | ||||||
19 | later than July 1, 2015, and by July 1 annually thereafter, the | ||||||
20 | Department shall make modifications to the plan as | ||||||
21 | modifications are warranted by changes in economic conditions | ||||||
22 | or by other factors, including changes in policy. In addition | ||||||
23 | to the annual modification, the plan shall be reviewed and |
| |||||||
| |||||||
1 | redeveloped in full every 5 years. In the development of the | ||||||
2 | annual economic development plan, the Department shall consult | ||||||
3 | with representatives of the private sector, other State | ||||||
4 | agencies, academic institutions, local economic development | ||||||
5 | organizations, local governments, and not-for-profit | ||||||
6 | organizations. The annual economic development plan shall set | ||||||
7 | specific, measurable, attainable, relevant, and time-sensitive | ||||||
8 | goals and shall include a focus on areas of high unemployment | ||||||
9 | or poverty. | ||||||
10 | The term "economic development" shall be construed broadly | ||||||
11 | by the Department and may include, but is not limited to, job | ||||||
12 | creation, job retention, tax base enhancements, development of | ||||||
13 | human capital, workforce productivity, critical | ||||||
14 | infrastructure, regional competitiveness, social inclusion, | ||||||
15 | standard of living, environmental sustainability, energy | ||||||
16 | independence, quality of life, the effective use of financial | ||||||
17 | incentives, the utilization of public private partnerships | ||||||
18 | where appropriate, and other metrics determined by the | ||||||
19 | Department. | ||||||
20 | The plan shall be based on relevant economic data, focus | ||||||
21 | on economic development as prescribed by this Section, and | ||||||
22 | emphasize strategies to retain and create jobs. | ||||||
23 | The plan shall identify and develop specific strategies | ||||||
24 | for utilizing the assets of regions within the State defined | ||||||
25 | as counties and municipalities or other political subdivisions | ||||||
26 | in close geographical proximity that share common economic |
| |||||||
| |||||||
1 | traits such as commuting zones, labor market areas, or other | ||||||
2 | economically integrated characteristics. | ||||||
3 | If the plan includes strategies that have a fiscal impact | ||||||
4 | on the Department or any other agency, the plan shall include a | ||||||
5 | detailed description of the estimated fiscal impact of such | ||||||
6 | strategies. | ||||||
7 | Prior to publishing the plan in its final form, the | ||||||
8 | Department shall allow for a reasonable time for public input. | ||||||
9 | The Department shall transmit copies of the economic | ||||||
10 | development plan to the Governor and the General Assembly no | ||||||
11 | later than July 1, 2014, and by July 1 annually thereafter. The | ||||||
12 | plan and its corresponding modifications shall be published | ||||||
13 | and made available to the public in both paper and electronic | ||||||
14 | media, on the Department's website, and by any other method | ||||||
15 | that the Department deems appropriate. | ||||||
16 | The Department shall annually submit legislation to | ||||||
17 | implement the strategic economic development plan or | ||||||
18 | modifications to the strategic economic development plan to | ||||||
19 | the Governor, the President and Minority Leader of the Senate, | ||||||
20 | and the Speaker and the Minority Leader of the House of | ||||||
21 | Representatives. The legislation shall be in the form of one | ||||||
22 | or more substantive bills drafted by the Legislative Reference | ||||||
23 | Bureau. | ||||||
24 | (b) Business development plans; Illinois Business | ||||||
25 | Development Council. | ||||||
26 | (1) There is created the Illinois Business Development |
| |||||||
| |||||||
1 | Council, hereinafter referred to as the Council. The | ||||||
2 | Council shall consist of the Director, who shall serve as | ||||||
3 | co-chairperson, and 12 voting members who shall be | ||||||
4 | appointed by the Governor with the advice and consent of | ||||||
5 | the Senate. | ||||||
6 | (A) The voting members of the Council shall | ||||||
7 | include one representative from each of the following | ||||||
8 | businesses and groups: small business, coal, | ||||||
9 | healthcare, large manufacturing, small or specialized | ||||||
10 | manufacturing, agriculture, high technology or applied | ||||||
11 | science, local economic development entities, private | ||||||
12 | sector organized labor, a local or state business | ||||||
13 | association or chamber of commerce. | ||||||
14 | (B) There shall be 2 at-large voting members who | ||||||
15 | reside within areas of high unemployment within | ||||||
16 | counties or municipalities that have had an annual | ||||||
17 | average unemployment rate of at least 120% of the | ||||||
18 | State's annual average unemployment rate as reported | ||||||
19 | by the Department of Employment Security for the 5 | ||||||
20 | years preceding the date of appointment. | ||||||
21 | (2) All appointments shall be made in a geographically | ||||||
22 | diverse manner. | ||||||
23 | (3) For the initial appointments to the Council, 6 | ||||||
24 | voting members shall be appointed to serve a 2-year term | ||||||
25 | and 6 voting members shall be appointed to serve a 4-year | ||||||
26 | term. Thereafter, all appointments shall be for terms of 4 |
| |||||||
| |||||||
1 | years. The initial term of voting members shall commence | ||||||
2 | on the first Wednesday in February 2014. Thereafter, the | ||||||
3 | terms of voting members shall commence on the first | ||||||
4 | Wednesday in February, except in the case of an | ||||||
5 | appointment to fill a vacancy. Vacancies occurring among | ||||||
6 | the members shall be filled in the same manner as the | ||||||
7 | original appointment for the remainder of the unexpired | ||||||
8 | term. For a vacancy occurring when the Senate is not in | ||||||
9 | session, the Governor may make a temporary appointment | ||||||
10 | until the next meeting of the Senate when a person shall be | ||||||
11 | nominated to fill the office, and, upon confirmation by | ||||||
12 | the Senate, he or she shall hold office during the | ||||||
13 | remainder of the term. A vacancy in membership does not | ||||||
14 | impair the ability of a quorum to exercise all rights and | ||||||
15 | perform all duties of the Council. A member is eligible | ||||||
16 | for reappointment. | ||||||
17 | (4) Members shall serve without compensation, but may | ||||||
18 | be reimbursed for necessary expenses incurred in the | ||||||
19 | performance of their duties from funds appropriated for | ||||||
20 | that purpose. | ||||||
21 | (5) In addition, the following shall serve as ex | ||||||
22 | officio, non-voting members of the Council in order to | ||||||
23 | provide specialized advice and support to the Council: the | ||||||
24 | Secretary of Transportation, or his or her designee; the | ||||||
25 | Director of Employment Security, or his or her designee; | ||||||
26 | the Executive Director of the Illinois Finance Authority, |
| |||||||
| |||||||
1 | or his or her designee; the Director of Agriculture, or | ||||||
2 | his or her designee; the Director of Revenue, or his or her | ||||||
3 | designee; the Director of Labor, or his or her designee; | ||||||
4 | and the Director of the Environmental Protection Agency, | ||||||
5 | or his or her designee. Ex officio members shall provide | ||||||
6 | staff and technical assistance to the Council when | ||||||
7 | appropriate. | ||||||
8 | (6) In addition to the Director, the voting members | ||||||
9 | shall elect a co-chairperson. | ||||||
10 | (7) The Council shall meet at least twice annually and | ||||||
11 | at such other times as the co-chairpersons or any 5 voting | ||||||
12 | members consider necessary. Seven voting members shall | ||||||
13 | constitute a quorum of the Council. | ||||||
14 | (8) The Department shall provide staff assistance to | ||||||
15 | the Council. | ||||||
16 | (9) The Council shall provide the Department relevant | ||||||
17 | information in a timely manner pursuant to its duties as | ||||||
18 | enumerated in
this Section that can be used by the | ||||||
19 | Department to enhance the State's strategic economic | ||||||
20 | development plan. | ||||||
21 | (10) The Council shall: | ||||||
22 | (A) Develop an overall strategic business | ||||||
23 | development plan for the State of Illinois and update | ||||||
24 | the plan at least annually; that plan shall include, | ||||||
25 | without limitation, (i) an assessment of the economic | ||||||
26 | development practices of states that border Illinois |
| |||||||
| |||||||
1 | and (ii) recommendations for best practices with | ||||||
2 | respect to economic development, business incentives, | ||||||
3 | business attraction, and business retention for | ||||||
4 | counties in Illinois that border at least one other | ||||||
5 | state. | ||||||
6 | (B) Develop business marketing plans for the State | ||||||
7 | of Illinois to effectively solicit new company | ||||||
8 | investment and existing business expansion. Insofar as | ||||||
9 | allowed under the Illinois Procurement Code, and | ||||||
10 | subject to appropriations made by the General Assembly | ||||||
11 | for such purposes, the Council may assist the | ||||||
12 | Department in the procurement of outside vendors to | ||||||
13 | carry out such marketing plans. | ||||||
14 | (C) Seek input from local economic development | ||||||
15 | officials to develop specific strategies to | ||||||
16 | effectively link State and local business development | ||||||
17 | and marketing efforts focusing on areas of high | ||||||
18 | unemployment or poverty. | ||||||
19 | (D) Provide the Department with advice on | ||||||
20 | strategic business development
and business marketing | ||||||
21 | for the State of Illinois. | ||||||
22 | (E) Provide the Department research and recommend | ||||||
23 | best practices for developing investment tools for | ||||||
24 | business attraction and retention.
| ||||||
25 | (Source: P.A. 98-397, eff. 8-16-13; 98-756, eff. 7-16-14; | ||||||
26 | 98-888, eff. 8-15-14.)
|
| |||||||
| |||||||
1 | (20 ILCS 605/605-615) (was 20 ILCS 605/46.19e)
| ||||||
2 | Sec. 605-615. Assistance with exports. The Department | ||||||
3 | shall have the
following duties and responsibilities in regard | ||||||
4 | to the Civil Administrative
Code of Illinois:
| ||||||
5 | (1) To establish or cosponsor mentoring conferences, | ||||||
6 | utilizing experienced
manufacturing exporters, to explain and | ||||||
7 | provide information to prospective
export manufacturers and | ||||||
8 | businesses concerning the process of exporting to both
| ||||||
9 | domestic and international opportunities.
| ||||||
10 | (2) To provide technical assistance to prospective export | ||||||
11 | manufacturers and
businesses seeking to establish domestic and | ||||||
12 | international export
opportunities.
| ||||||
13 | (3) To coordinate with the Department's Small Business | ||||||
14 | Development Centers
to link buyers with prospective export | ||||||
15 | manufacturers and businesses.
| ||||||
16 | (4) To promote, both domestically and abroad, products | ||||||
17 | made in Illinois in
order to inform consumers and buyers of | ||||||
18 | their high quality
standards and craftsmanship.
| ||||||
19 | (5) To provide technical assistance toward establishment | ||||||
20 | of export trade
corporations in the private sector.
| ||||||
21 | (6) To develop an electronic database data base to compile | ||||||
22 | information on
international trade and investment activities | ||||||
23 | in Illinois companies ,
provide access to research and business | ||||||
24 | opportunities through external data
bases, and connect this | ||||||
25 | data base through international communication
systems with |
| |||||||
| |||||||
1 | appropriate domestic and worldwide networks users .
| ||||||
2 | (7) To collect and distribute to foreign commercial | ||||||
3 | libraries directories,
catalogs, brochures, and other | ||||||
4 | information of value to foreign businesses
considering doing | ||||||
5 | business in this State.
| ||||||
6 | (8) To establish an export finance awareness program to | ||||||
7 | provide
information to banking organizations about methods | ||||||
8 | used by banks to provide
financing for businesses engaged in | ||||||
9 | exporting and about other State and
federal programs to | ||||||
10 | promote and expedite export financing.
| ||||||
11 | (9) To undertake a survey of Illinois' businesses to | ||||||
12 | identify exportable
products and the businesses interested in | ||||||
13 | exporting.
| ||||||
14 | (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; | ||||||
15 | 92-16, eff.
6-28-01.)
| ||||||
16 | (20 ILCS 605/605-680) | ||||||
17 | Sec. 605-680. Illinois goods and services website. | ||||||
18 | (a) The Department, in consultation with the Department of | ||||||
19 | Innovation and Technology, must establish and maintain an | ||||||
20 | Internet website devoted to the marketing of Illinois goods | ||||||
21 | and services by linking potential purchasers with producers of | ||||||
22 | goods and services who are located in the State. | ||||||
23 | (b) The Department must , subject to appropriation, | ||||||
24 | advertise the website to encourage inclusion of producers on | ||||||
25 | the website and to encourage the use of the website by |
| |||||||
| |||||||
1 | potential purchasers.
| ||||||
2 | (Source: P.A. 100-611, eff. 7-20-18.)
| ||||||
3 | (20 ILCS 605/605-1040 rep.) | ||||||
4 | Section 10-10. The Department of Commerce and Economic | ||||||
5 | Opportunity Law of the
Civil Administrative Code of Illinois | ||||||
6 | is amended by repealing Section 605-1040.
| ||||||
7 | Section 10-15. The Illinois Main Street Act is amended by | ||||||
8 | changing Sections 15, 20, 25, and 30 as follows:
| ||||||
9 | (20 ILCS 720/15)
| ||||||
10 | Sec. 15. Illinois Main Street Program. The Illinois Main | ||||||
11 | Street Program is created , subject to appropriation, within | ||||||
12 | the Department. In order to implement the Illinois Main Street | ||||||
13 | Program, the Department may shall do all of the following: | ||||||
14 | (1) Provide assistance to municipalities designated as | ||||||
15 | Main Street Communities, municipalities interested in | ||||||
16 | becoming designated through the program, and businesses, | ||||||
17 | property owners, organizations, and municipalities | ||||||
18 | undertaking a comprehensive downtown or neighborhood | ||||||
19 | commercial district revitalization initiative and | ||||||
20 | management strategy. Assistance may include, but is not | ||||||
21 | limited to, initial site evaluations and assessments, | ||||||
22 | training for local programs, training for local program | ||||||
23 | staff, site visits and assessments by technical |
| |||||||
| |||||||
1 | specialists, local program design assistance and | ||||||
2 | evaluation, and continued local program on-site | ||||||
3 | assistance. | ||||||
4 | (2) To the extent funds are made available, provide | ||||||
5 | financial assistance to municipalities or local | ||||||
6 | organizations to assist in initial downtown or | ||||||
7 | neighborhood commercial district revitalization program | ||||||
8 | specialized training, specific project feasibility | ||||||
9 | studies, market studies, and design assistance. | ||||||
10 | (3) Operate the Illinois Main Street Program in | ||||||
11 | accordance with the plan developed by the Department. | ||||||
12 | (4) Consider other factors the Department deems | ||||||
13 | necessary for the implementation of this Act.
| ||||||
14 | (Source: P.A. 97-573, eff. 8-25-11.)
| ||||||
15 | (20 ILCS 720/20)
| ||||||
16 | Sec. 20. Main Street Community designation. | ||||||
17 | (a) The Department may shall adopt criteria for the | ||||||
18 | designation of a Main Street Community. In establishing the | ||||||
19 | criteria, the Department shall consider all of the following: | ||||||
20 | (1) The degree of interest and commitment to | ||||||
21 | comprehensive downtown or neighborhood commercial district | ||||||
22 | revitalization and, where applicable, historic | ||||||
23 | preservation by both the public and private sectors. | ||||||
24 | (2) The evidence of potential private sector | ||||||
25 | investment in the downtown or neighborhood commercial |
| |||||||
| |||||||
1 | district. | ||||||
2 | (3) Where applicable, a downtown or neighborhood | ||||||
3 | commercial district with sufficient historic fabric to | ||||||
4 | become a foundation for an enhanced community image. | ||||||
5 | (4) The capacity of the organization to undertake a | ||||||
6 | comprehensive program and the financial commitment to | ||||||
7 | implement a long-term downtown or neighborhood commercial | ||||||
8 | district revitalization program that includes a commitment | ||||||
9 | to employ a professional program manager. | ||||||
10 | (5) The National Main Street Center's criteria for | ||||||
11 | designating official main street municipalities. | ||||||
12 | (6) Other factors the Department deems necessary for | ||||||
13 | the designation of a local program. | ||||||
14 | (b) Illinois Main Street shall designate local downtown or | ||||||
15 | neighborhood commercial district revitalization programs and | ||||||
16 | official local main street programs. | ||||||
17 | (c) The Department must approve all local downtown or | ||||||
18 | neighborhood commercial district revitalization program | ||||||
19 | boundaries. The boundaries of a local downtown or neighborhood | ||||||
20 | commercial district revitalization program are typically | ||||||
21 | defined using the pedestrian core of a traditional commercial | ||||||
22 | district.
| ||||||
23 | (Source: P.A. 97-573, eff. 8-25-11.)
| ||||||
24 | (20 ILCS 720/25)
| ||||||
25 | Sec. 25. Illinois Main Street Plan. The Department may |
| |||||||
| |||||||
1 | shall , in consultation with the Lieutenant Governor, develop a | ||||||
2 | plan for the Illinois Main Street Program. The plan shall | ||||||
3 | describe: | ||||||
4 | (1) the objectives and strategies of the Illinois Main | ||||||
5 | Street Program; | ||||||
6 | (2) how the Illinois Main Street Program will be | ||||||
7 | coordinated with existing federal, state, local, and | ||||||
8 | private sector business development and historic | ||||||
9 | preservation efforts; | ||||||
10 | (3) the means by which private investment will be | ||||||
11 | solicited and employed; | ||||||
12 | (4) the methods of selecting and providing assistance | ||||||
13 | to participating local programs; and | ||||||
14 | (5) a means to solicit private contributions for State | ||||||
15 | and local operations of the Illinois Main Street Program.
| ||||||
16 | (Source: P.A. 97-573, eff. 8-25-11.)
| ||||||
17 | (20 ILCS 720/30)
| ||||||
18 | Sec. 30. Role of the Lieutenant Governor. The Lieutenant | ||||||
19 | Governor shall , subject to appropriation, be the Ambassador of | ||||||
20 | the Illinois Main Street Program. The Department shall , | ||||||
21 | subject to appropriation, advise and consult with the | ||||||
22 | Lieutenant Governor on the activities of the Illinois Main | ||||||
23 | Street Program. The Lieutenant Governor, with the assistance | ||||||
24 | of the Department, shall , subject to appropriation, promote | ||||||
25 | and encourage the success of the Illinois Main Street Program.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-573, eff. 8-25-11.)
| ||||||
2 | Section 10-20. The Outdoor Recreation Resources Act is | ||||||
3 | amended by changing Sections 2 and 2a as follows:
| ||||||
4 | (20 ILCS 860/2) (from Ch. 105, par. 532)
| ||||||
5 | Sec. 2. The Department of Natural Resources is
authorized | ||||||
6 | to have prepared , with the Department of Commerce and Economic | ||||||
7 | Opportunity, and to maintain and keep up to date up-to-date a | ||||||
8 | comprehensive plan for
the development of the outdoor | ||||||
9 | recreation resources of the State.
| ||||||
10 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
11 | (20 ILCS 860/2a) (from Ch. 105, par. 532a)
| ||||||
12 | Sec. 2a. The Department of Natural Resources is authorized | ||||||
13 | to have prepared
with the Department of Commerce and Economic | ||||||
14 | Opportunity and to
maintain and keep up to date a | ||||||
15 | comprehensive plan for the
preservation of the
historically | ||||||
16 | significant properties and interests of the State.
| ||||||
17 | (Source: P.A. 100-695, eff. 8-3-18; 101-81, eff. 7-12-19.)
| ||||||
18 | (20 ILCS 3953/15 rep.)
| ||||||
19 | (20 ILCS 3953/20 rep.) | ||||||
20 | Section 10-25. The Government Buildings Energy Cost | ||||||
21 | Reduction Act of 1991 is amended by repealing Sections 15 and | ||||||
22 | 20.
|
| |||||||
| |||||||
1 | Section 10-30. The Eliminate the Digital Divide Law is | ||||||
2 | amended by changing Section 5-30 as follows:
| ||||||
3 | (30 ILCS 780/5-30)
| ||||||
4 | Sec. 5-30. Community Technology Center Grant Program.
| ||||||
5 | (a) Subject to appropriation, the Department shall | ||||||
6 | administer
the Community Technology Center Grant Program under | ||||||
7 | which the
Department shall make grants in accordance with this | ||||||
8 | Article
for planning, establishment, administration, and | ||||||
9 | expansion
of Community Technology Centers and for assisting | ||||||
10 | public hospitals,
libraries, and park districts in eliminating | ||||||
11 | the digital divide. The purposes
of the grants shall include, | ||||||
12 | but
not be limited to, volunteer recruitment and management, | ||||||
13 | training and
instruction, infrastructure, and
related goods | ||||||
14 | and services, including case management, administration, | ||||||
15 | personal information management, and outcome-tracking tools | ||||||
16 | and software for the purposes of reporting to the Department | ||||||
17 | and for enabling participation in digital government and | ||||||
18 | consumer services programs, for Community Technology Centers | ||||||
19 | and public
hospitals, libraries, and park districts.
No | ||||||
20 | Community Technology Center may receive a grant of more than | ||||||
21 | $75,000 under
this Section in a particular fiscal year.
| ||||||
22 | (b) Public hospitals, libraries, park districts, and State | ||||||
23 | educational
agencies, local educational
agencies, institutions | ||||||
24 | of higher education, senior citizen homes, and other public |
| |||||||
| |||||||
1 | and
private nonprofit or for-profit agencies and organizations | ||||||
2 | are eligible
to receive grants under this Program, provided | ||||||
3 | that a local educational
agency or public or private | ||||||
4 | educational
agency or organization must, in order to be | ||||||
5 | eligible to receive grants under
this Program, provide | ||||||
6 | computer access and educational services using
information | ||||||
7 | technology to the public at one or more of its educational
| ||||||
8 | buildings or facilities at least 12 hours each week. A group of | ||||||
9 | eligible
entities is
also eligible to receive a grant if the | ||||||
10 | group follows the procedures
for group applications in 34 CFR | ||||||
11 | 75.127-129 of the Education Department General
Administrative | ||||||
12 | Regulations.
| ||||||
13 | To be eligible to apply for a grant, a Community
| ||||||
14 | Technology Center must serve a
community in which not less | ||||||
15 | than 40%
of the
students are eligible for a free or reduced | ||||||
16 | price lunch under the national
school lunch program or in | ||||||
17 | which not less than 30% of the students
are eligible
for a free | ||||||
18 | lunch under the national school lunch program; however, if | ||||||
19 | funding
is insufficient to approve all grant applications for | ||||||
20 | a particular fiscal year,
the Department may impose a higher | ||||||
21 | minimum percentage threshold for that fiscal
year. | ||||||
22 | Determinations of communities and determinations of the | ||||||
23 | percentage of
students in a community who are eligible for a | ||||||
24 | free or reduced price lunch
under the national school lunch | ||||||
25 | program shall be in accordance with rules
adopted by the | ||||||
26 | Department.
|
| |||||||
| |||||||
1 | Any entities that have received a Community
Technology | ||||||
2 | Center grant under the federal Community Technology Centers | ||||||
3 | Program
are also eligible to apply for grants under this | ||||||
4 | Program.
| ||||||
5 | The Department shall
provide assistance to Community | ||||||
6 | Technology Centers in making those
determinations for purposes | ||||||
7 | of applying for grants.
| ||||||
8 | The Department shall encourage Community Technology | ||||||
9 | Centers to participate in public and private computer hardware | ||||||
10 | equipment recycling initiatives that provide computers at | ||||||
11 | reduced or no cost to low-income families, including programs | ||||||
12 | authorized by the State Property Control Act. On an annual | ||||||
13 | basis, the Department must provide the Director of Central | ||||||
14 | Management Services with a list of Community Technology | ||||||
15 | Centers that have applied to the Department for funding as | ||||||
16 | potential recipients of surplus State-owned computer hardware | ||||||
17 | equipment under programs authorized by the State Property | ||||||
18 | Control Act.
| ||||||
19 | (c) Grant applications shall be submitted to the | ||||||
20 | Department on a schedule of one or more deadlines established | ||||||
21 | by the Department by rule.
| ||||||
22 | (d) The Department shall adopt rules setting forth the | ||||||
23 | required form
and contents of grant applications.
| ||||||
24 | (e) (Blank). There is created
the Digital Divide | ||||||
25 | Elimination Advisory Committee. The advisory committee
shall | ||||||
26 | consist of 7
members appointed one each by the Governor, the |
| |||||||
| |||||||
1 | President of
the Senate, the Senate Minority Leader, the | ||||||
2 | Speaker of the House, and the House
Minority Leader, and 2 | ||||||
3 | appointed by the Director of Commerce and Economic | ||||||
4 | Opportunity, one of whom shall be a representative of the | ||||||
5 | telecommunications industry and one of whom shall represent | ||||||
6 | community technology centers. The members of the advisory | ||||||
7 | committee shall receive no
compensation for their services as | ||||||
8 | members of the advisory committee but may be
reimbursed for | ||||||
9 | their actual expenses incurred in serving on the advisory
| ||||||
10 | committee. The Digital Divide Elimination Advisory Committee | ||||||
11 | shall advise the
Department in establishing criteria and | ||||||
12 | priorities for identifying recipients
of
grants under this | ||||||
13 | Act. The advisory committee shall obtain advice from the
| ||||||
14 | technology industry regarding current technological standards. | ||||||
15 | The advisory
committee shall seek any available federal | ||||||
16 | funding.
| ||||||
17 | (f) (Blank). There is created the Digital Divide | ||||||
18 | Elimination Working Group. The Working Group shall consist of | ||||||
19 | the Director of Commerce and Economic Opportunity, or his or | ||||||
20 | her designee, the Director of Central Management Services, or | ||||||
21 | his or her designee, and the Executive Director of the | ||||||
22 | Illinois Commerce Commission, or his or her designee. The | ||||||
23 | Director of Commerce and Economic Opportunity, or his or her | ||||||
24 | designee, shall serve as chair of the Working Group. The | ||||||
25 | Working Group shall consult with the members of the Digital | ||||||
26 | Divide Elimination Advisory Committee and may consult with |
| |||||||
| |||||||
1 | various groups including, but not limited to, | ||||||
2 | telecommunications providers, telecommunications-related | ||||||
3 | technology producers and service providers, community | ||||||
4 | technology providers, community and consumer organizations, | ||||||
5 | businesses and business organizations, and federal government | ||||||
6 | agencies.
| ||||||
7 | (g) Duties of the Digital Divide Elimination Working Group | ||||||
8 | include all of the following: | ||||||
9 | (1) Undertaking a thorough review of grant programs | ||||||
10 | available through the federal government, local agencies, | ||||||
11 | telecommunications providers, and business and charitable | ||||||
12 | entities for the purpose of identifying appropriate | ||||||
13 | sources of revenues for the Digital Divide Elimination | ||||||
14 | Fund and attempting to update available grants on a | ||||||
15 | regular basis. | ||||||
16 | (2) Researching and cataloging programs designed to | ||||||
17 | advance digital literacy and computer access that are | ||||||
18 | available through the federal government, local agencies, | ||||||
19 | telecommunications providers, and business and charitable | ||||||
20 | entities and attempting to update available programs on a | ||||||
21 | regular basis. | ||||||
22 | (3) Presenting the information compiled from items (1) | ||||||
23 | and (2) to the Department of Commerce and Economic | ||||||
24 | Opportunity, which shall serve as a single point of | ||||||
25 | contact for applying for funding for the Digital Divide | ||||||
26 | Elimination Fund and for distributing information to the |
| |||||||
| |||||||
1 | public regarding all programs designed to advance digital | ||||||
2 | literacy and computer access.
| ||||||
3 | (Source: P.A. 94-734, eff. 4-28-06; 95-740, eff. 1-1-09.)
| ||||||
4 | Section 10-35. The Illinois Groundwater Protection Act is | ||||||
5 | amended by changing Section 4 as follows:
| ||||||
6 | (415 ILCS 55/4) (from Ch. 111 1/2, par. 7454)
| ||||||
7 | Sec. 4. Interagency Coordinating Committee on Groundwater. | ||||||
8 | (a) There shall be established within State government an
| ||||||
9 | interagency committee
which shall be known as the Interagency | ||||||
10 | Coordinating Committee on
Groundwater. The Committee shall be | ||||||
11 | composed of the Director, or his
designee, of the following | ||||||
12 | agencies:
| ||||||
13 | (1) The Illinois Environmental Protection Agency, who | ||||||
14 | shall chair the
Committee.
| ||||||
15 | (2) The Illinois Department of Natural Resources.
| ||||||
16 | (3) The Illinois Department of Public Health.
| ||||||
17 | (4) The Office of Mines and Minerals within
the | ||||||
18 | Department of Natural Resources.
| ||||||
19 | (5) The Office of the State Fire Marshal.
| ||||||
20 | (6) The Division of Water Resources of the Department | ||||||
21 | of
Natural Resources.
| ||||||
22 | (7) The Illinois Department of Agriculture.
| ||||||
23 | (8) The Illinois Emergency Management Agency.
| ||||||
24 | (9) The Illinois Department of Nuclear Safety.
|
| |||||||
| |||||||
1 | (10) The Illinois Department of Commerce and Economic | ||||||
2 | Opportunity.
| ||||||
3 | (b) The Committee shall meet not less than
twice each | ||||||
4 | calendar year and shall:
| ||||||
5 | (1) Review and coordinate the State's policy on | ||||||
6 | groundwater protection.
| ||||||
7 | (2) Review and evaluate State laws, regulations and | ||||||
8 | procedures that
relate to groundwater protection.
| ||||||
9 | (3) Review and evaluate the status of the State's | ||||||
10 | efforts to improve
the quality of the groundwater and of | ||||||
11 | the State enforcement efforts for
protection of the | ||||||
12 | groundwater and make recommendations on improving the
| ||||||
13 | State efforts to protect the groundwater.
| ||||||
14 | (4) Recommend procedures for better coordination among | ||||||
15 | State
groundwater programs and with local programs related | ||||||
16 | to groundwater protection.
| ||||||
17 | (5) Review and recommend procedures to coordinate the | ||||||
18 | State's response
to specific incidents of groundwater | ||||||
19 | pollution and coordinate dissemination
of information | ||||||
20 | between agencies responsible for the State's response.
| ||||||
21 | (6) Make recommendations for and prioritize the | ||||||
22 | State's groundwater
research needs.
| ||||||
23 | (7) Review, coordinate and evaluate groundwater data | ||||||
24 | collection and
analysis.
| ||||||
25 | (8) Beginning on January 1, 1990, report biennially to | ||||||
26 | the Governor
and the General Assembly on groundwater
|
| |||||||
| |||||||
1 | quality, quantity, and the State's enforcement efforts.
| ||||||
2 | (c) The Chairman of the Committee shall propose a | ||||||
3 | groundwater protection
regulatory agenda for consideration by | ||||||
4 | the Committee and the Council. The
principal purpose of the | ||||||
5 | agenda shall be to systematically consider the
groundwater | ||||||
6 | protection aspects of relevant federal and State regulatory
| ||||||
7 | programs and to identify any areas where improvements may be | ||||||
8 | warranted. To
the extent feasible, the agenda may also serve | ||||||
9 | to facilitate a more
uniform and coordinated approach toward | ||||||
10 | protection of groundwaters in
Illinois. Upon adoption of the | ||||||
11 | final agenda by the Committee, the Chairman
of the Committee | ||||||
12 | shall assign a lead agency and any support agencies to
prepare | ||||||
13 | a regulatory assessment report for each item on the agenda. | ||||||
14 | Each
regulatory assessment report shall specify the nature of | ||||||
15 | the
groundwater protection
provisions being implemented and | ||||||
16 | shall evaluate the results achieved
therefrom. Special | ||||||
17 | attention shall be given to any preventive measures
being | ||||||
18 | utilized for protection of groundwaters. The reports shall be
| ||||||
19 | completed in a timely manner. After review and consideration | ||||||
20 | by the
Committee, the reports shall become the basis for | ||||||
21 | recommending further
legislative or regulatory action.
| ||||||
22 | (d) No later than January 1, 1992, the Interagency | ||||||
23 | Coordinating
Committee on Groundwater shall provide a | ||||||
24 | comprehensive status report to
the Governor and the General | ||||||
25 | Assembly concerning implementation of this Act.
| ||||||
26 | (e) The Committee shall consider findings and |
| |||||||
| |||||||
1 | recommendations that are
provided by the Council, and
respond | ||||||
2 | in writing regarding such matters. The Chairman of the | ||||||
3 | Committee
shall designate a liaison person to serve as a | ||||||
4 | facilitator of
communications with the Council.
| ||||||
5 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
6 | ARTICLE 15. SCHOOL CODE | ||||||
7 | Section 15-5. The School Code is amended by changing | ||||||
8 | Sections 1B-8, 1F-25, 1F-90, 2-3.146, 10-21.9, and 34-18.5 as | ||||||
9 | follows:
| ||||||
10 | (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
| ||||||
11 | Sec. 1B-8. There is created in the State Treasury a
| ||||||
12 | special fund to be known as the School District Emergency
| ||||||
13 | Financial Assistance Fund (the "Fund"). The School District | ||||||
14 | Emergency
Financial Assistance Fund shall consist of | ||||||
15 | appropriations, loan repayments, grants from the
federal | ||||||
16 | government, and donations from any public or private source. | ||||||
17 | Moneys in
the Fund
may be appropriated only to the Illinois | ||||||
18 | Finance Authority and
the State Board for
those purposes | ||||||
19 | authorized under this Article and Articles
1F and 1H of this | ||||||
20 | Code.
The appropriation may be
allocated and expended by the | ||||||
21 | State Board for contractual services to provide technical | ||||||
22 | assistance or consultation to school districts to assess their | ||||||
23 | financial condition and to Financial Oversight Panels that |
| |||||||
| |||||||
1 | petition for emergency financial assistance grants. The | ||||||
2 | Illinois Finance Authority may provide
loans to school | ||||||
3 | districts which are the subject of an
approved petition for | ||||||
4 | emergency financial assistance under
Section 1B-4 ,
1F-62, or | ||||||
5 | 1H-65 of this Code. Neither the State Board of Education nor | ||||||
6 | the Illinois Finance Authority may collect any fees for | ||||||
7 | providing these services. | ||||||
8 | From the amount allocated to each such school
district | ||||||
9 | under this Article the State Board shall identify a sum | ||||||
10 | sufficient to
cover all approved costs of the Financial | ||||||
11 | Oversight Panel
established for the respective school | ||||||
12 | district. If the State Board and State
Superintendent of | ||||||
13 | Education have not approved emergency financial assistance in
| ||||||
14 | conjunction with the appointment of a Financial Oversight | ||||||
15 | Panel, the Panel's
approved costs shall be paid from | ||||||
16 | deductions from the district's general State
aid or | ||||||
17 | evidence-based funding.
| ||||||
18 | The Financial Oversight Panel may prepare and file
with | ||||||
19 | the State Superintendent a proposal for emergency
financial | ||||||
20 | assistance for the school district and for its
operations | ||||||
21 | budget. No expenditures from the Fund shall be
authorized by | ||||||
22 | the State Superintendent until he or she has approved
the | ||||||
23 | request of the Panel, either as submitted or in such
lesser | ||||||
24 | amount determined by the State Superintendent.
| ||||||
25 | The maximum amount of an emergency financial assistance | ||||||
26 | loan
which may be allocated to any school district under this
|
| |||||||
| |||||||
1 | Article, including moneys necessary for the operations of
the | ||||||
2 | Panel, shall not exceed $4,000 times the number of pupils
| ||||||
3 | enrolled in the school district during the school year
ending | ||||||
4 | June 30 prior to the date of approval by the State
Board of the | ||||||
5 | petition for emergency financial assistance, as
certified to | ||||||
6 | the local board and the Panel by the State
Superintendent.
An | ||||||
7 | emergency financial assistance grant shall not exceed $1,000 | ||||||
8 | times the
number of such pupils. A district may receive both a | ||||||
9 | loan and a grant.
| ||||||
10 | The payment of an emergency State financial assistance | ||||||
11 | grant or loan
shall be subject to appropriation by the General | ||||||
12 | Assembly. Payment of the emergency State financial assistance | ||||||
13 | loan is subject to the applicable provisions of the Illinois | ||||||
14 | Finance Authority Act.
Emergency State financial assistance | ||||||
15 | allocated and paid to a school
district under this Article may | ||||||
16 | be applied to any fund or funds from which
the local board of | ||||||
17 | education of that district is authorized to make
expenditures | ||||||
18 | by law.
| ||||||
19 | Any emergency financial assistance grant proposed by the
| ||||||
20 | Financial Oversight Panel and approved by the State
| ||||||
21 | Superintendent may be paid in its entirety during the
initial | ||||||
22 | year of the Panel's existence or spread in equal or
declining | ||||||
23 | amounts over a period of years not to exceed the
period of the | ||||||
24 | Panel's existence. An emergency financial assistance loan | ||||||
25 | proposed by the Financial Oversight Panel and approved by the | ||||||
26 | Illinois Finance Authority may be paid in its entirety during |
| |||||||
| |||||||
1 | the initial year of the Panel's existence or spread in equal or | ||||||
2 | declining amounts over a period of years not to exceed the | ||||||
3 | period of the Panel's existence. All
loans made by the | ||||||
4 | Illinois Finance Authority for a
school district shall be | ||||||
5 | required to be repaid, with simple interest over
the term of | ||||||
6 | the loan at a rate equal to 50% of the one-year Constant | ||||||
7 | Maturity
Treasury (CMT) yield as last published by the Board | ||||||
8 | of Governors of the Federal
Reserve System before the date on | ||||||
9 | which the district's loan is
approved
by the Illinois Finance | ||||||
10 | Authority, not later than the
date the
Financial Oversight | ||||||
11 | Panel ceases to exist. The Panel shall
establish and the | ||||||
12 | Illinois Finance Authority shall
approve the terms and | ||||||
13 | conditions, including the schedule, of
repayments. The | ||||||
14 | schedule shall provide for repayments
commencing July 1 of | ||||||
15 | each year or upon each fiscal year's receipt of moneys from a | ||||||
16 | tax levy for emergency financial assistance. Repayment shall | ||||||
17 | be incorporated into the
annual budget of the school district | ||||||
18 | and may be made from any fund or funds
of the district in which | ||||||
19 | there are moneys available. An emergency financial assistance | ||||||
20 | loan to the Panel or district shall not be considered part of | ||||||
21 | the calculation of a district's debt for purposes of the | ||||||
22 | limitation specified in Section 19-1 of this Code. Default on | ||||||
23 | repayment is subject to the Illinois Grant Funds Recovery Act. | ||||||
24 | When moneys are repaid
as provided herein they shall not be | ||||||
25 | made available to the local board for
further use as emergency | ||||||
26 | financial assistance under this Article at any
time |
| |||||||
| |||||||
1 | thereafter. All repayments required to be made by a school | ||||||
2 | district
shall be received by the State Board and deposited in | ||||||
3 | the School District
Emergency Financial Assistance Fund.
| ||||||
4 | In establishing the terms and conditions for the
repayment | ||||||
5 | obligation of the school district the Panel shall
annually | ||||||
6 | determine whether a separate local property tax levy is
| ||||||
7 | required. The board of any school district with a tax rate
for | ||||||
8 | educational purposes for the prior year of less than
120% of | ||||||
9 | the maximum rate for educational purposes authorized
by | ||||||
10 | Section 17-2 shall provide for a separate
tax levy for | ||||||
11 | emergency financial assistance repayment
purposes. Such tax | ||||||
12 | levy shall not be subject to referendum approval. The
amount | ||||||
13 | of the levy shall be equal to the
amount necessary to meet the | ||||||
14 | annual repayment obligations of
the district as established by | ||||||
15 | the Panel, or 20% of the
amount levied for educational | ||||||
16 | purposes for the prior year,
whichever is less. However, no | ||||||
17 | district shall be
required to levy the tax if the district's | ||||||
18 | operating tax
rate as determined under Section
18-8, 18-8.05, | ||||||
19 | or 18-8.15 exceeds 200% of the district's tax rate for | ||||||
20 | educational
purposes for the prior year.
| ||||||
21 | (Source: P.A. 100-465, eff. 8-31-17.)
| ||||||
22 | (105 ILCS 5/1F-25)
| ||||||
23 | (This Section scheduled to be repealed in accordance with 105 | ||||||
24 | ILCS 5/1F-165) | ||||||
25 | Sec. 1F-25. General powers. The purposes of the Authority |
| |||||||
| |||||||
1 | shall be
to exercise financial control over the district and | ||||||
2 | to furnish financial
assistance so that the district can | ||||||
3 | provide public education within the
district's jurisdiction | ||||||
4 | while permitting the district to meet its obligations
to its | ||||||
5 | creditors and the holders of its debt. Except as
expressly | ||||||
6 | limited by this Article, the Authority shall have all powers
| ||||||
7 | granted to a voluntary or involuntary Financial Oversight | ||||||
8 | Panel and to
a Financial Administrator under Article 1B of | ||||||
9 | this Code and all other powers
necessary to meet its | ||||||
10 | responsibilities and to carry out its purposes
and the | ||||||
11 | purposes of this Article, including without limitation all of | ||||||
12 | the
following powers,
provided that the Authority shall have | ||||||
13 | no power
to
terminate any employee without following the | ||||||
14 | statutory procedures for
such terminations set forth in this | ||||||
15 | Code:
| ||||||
16 | (1) To sue and to be sued.
| ||||||
17 | (2) To make, cancel, modify, and execute contracts, | ||||||
18 | leases, subleases, and
all other
instruments or agreements | ||||||
19 | necessary or convenient for the exercise of
the powers and | ||||||
20 | functions granted by this Article, subject to Section | ||||||
21 | 1F-45 of
this Code.
The Authority may at a regular or | ||||||
22 | special meeting find that the district has
insufficient or | ||||||
23 | inadequate funds
with respect to any contract, other than | ||||||
24 | collective bargaining agreements.
| ||||||
25 | (3) To purchase real or personal property necessary or | ||||||
26 | convenient
for its purposes; to execute and deliver deeds |
| |||||||
| |||||||
1 | for real property held in
its own name; and to sell, lease, | ||||||
2 | or otherwise dispose of such of
its property as, in the | ||||||
3 | judgment of the Authority, is no longer
necessary for its | ||||||
4 | purposes.
| ||||||
5 | (4) To appoint officers, agents, and employees of the | ||||||
6 | Authority,
including a chief executive officer, a chief | ||||||
7 | fiscal officer, and a chief
educational officer; to define | ||||||
8 | their duties and qualifications; and to
fix their | ||||||
9 | compensation and employee benefits.
| ||||||
10 | (5) To transfer to the district such sums of money
as | ||||||
11 | are not required for other purposes.
| ||||||
12 | (6) To borrow money, including without limitation | ||||||
13 | accepting State loans,
and to
issue obligations pursuant | ||||||
14 | to this
Article; to fund, refund, or advance refund the | ||||||
15 | same; to provide for the
rights of the holders of its | ||||||
16 | obligations; and to repay any advances.
| ||||||
17 | (6.5) To levy all property tax levies that otherwise | ||||||
18 | could be levied by
the district , and to make
levies | ||||||
19 | pursuant to Section 1F-62 of this Code .
This levy or | ||||||
20 | levies shall be exempt from the Truth in Taxation Law
and | ||||||
21 | the Cook County Truth in Taxation Law.
| ||||||
22 | (7) Subject to the provisions of any contract with or | ||||||
23 | for the
benefit of the holders of its obligations, to | ||||||
24 | purchase or redeem its
obligations.
| ||||||
25 | (8) To procure all necessary goods and services for | ||||||
26 | the Authority
in compliance with the purchasing laws and |
| |||||||
| |||||||
1 | requirements applicable to
the district.
| ||||||
2 | (9) To do any and all things necessary or convenient | ||||||
3 | to carry out
its purposes and exercise the powers given to | ||||||
4 | it by this
Article.
| ||||||
5 | (10) To recommend annexation,
consolidation, | ||||||
6 | dissolution, or reorganization of the district, in whole | ||||||
7 | or in
part, to the
State Board if in the Authority's | ||||||
8 | judgment the circumstances so
require. No such proposal | ||||||
9 | for annexation, consolidation,
dissolution, or | ||||||
10 | reorganization shall occur unless the Authority and the | ||||||
11 | school
boards of all other
districts directly affected by | ||||||
12 | the
annexation, consolidation, dissolution, or
| ||||||
13 | reorganization
have each approved by majority vote the
| ||||||
14 | annexation, consolidation, dissolution, or
| ||||||
15 | reorganization.
Notwithstanding any other law to the | ||||||
16 | contrary, upon approval of the proposal
by the State | ||||||
17 | Board, the State Board and all other affected entities | ||||||
18 | shall
forthwith implement the proposal.
When a dissolution | ||||||
19 | and annexation becomes
effective for
purposes of | ||||||
20 | administration and attendance,
the positions of
teachers | ||||||
21 | in contractual continued service in the district
being | ||||||
22 | dissolved shall be transferred to the annexing district
or | ||||||
23 | districts, pursuant to the provisions of Section 24-12 of
| ||||||
24 | this Code.
In the event that the territory is added to 2 or
| ||||||
25 | more districts, the decision on which positions shall be
| ||||||
26 | transferred to which annexing districts shall be made by
|
| |||||||
| |||||||
1 | giving consideration to the proportionate percentage of
| ||||||
2 | pupils transferred and the annexing districts' staffing
| ||||||
3 | needs, and the transfer of teachers in contractual | ||||||
4 | continued service
into
positions shall be based upon the | ||||||
5 | request
of those teachers in contractual continued service
| ||||||
6 | in order of seniority in the dissolving district.
The | ||||||
7 | status of
all teachers in contractual continued service
| ||||||
8 | transferred to an annexing district shall not be
lost, and | ||||||
9 | the board of the annexing district is subject to
this Code | ||||||
10 | with respect to teachers in contractual continued service
| ||||||
11 | who are transferred in the same
manner as if the person | ||||||
12 | were the annexing district's employee
and had been its | ||||||
13 | employee during the time the person was
actually employed | ||||||
14 | by the board of the dissolving district
from which the | ||||||
15 | position was transferred.
| ||||||
16 | (Source: P.A. 92-855, eff. 12-6-02 .)
| ||||||
17 | (105 ILCS 5/1F-90)
| ||||||
18 | (This Section scheduled to be repealed in accordance with 105 | ||||||
19 | ILCS 5/1F-165) | ||||||
20 | Sec. 1F-90. Tax anticipation warrants. An Authority shall | ||||||
21 | have the same power to issue tax anticipation warrants as a
| ||||||
22 | school board under Section 17-16 of this
Code. Tax | ||||||
23 | anticipation
warrants are considered borrowing from sources | ||||||
24 | other than the State
and are
subject to Section 1F-62 of this
| ||||||
25 | Code .
|
| |||||||
| |||||||
1 | (Source: P.A. 92-855, eff. 12-6-02 .)
| ||||||
2 | (105 ILCS 5/2-3.146)
| ||||||
3 | Sec. 2-3.146. Severely overcrowded schools grant program. | ||||||
4 | There is created a grant program, subject to appropriation, | ||||||
5 | for severely overcrowded schools. The State Board of Education | ||||||
6 | shall administer the program. Grant funds may be used for | ||||||
7 | purposes of relieving overcrowding. In order for a school | ||||||
8 | district to be eligible for a grant under this Section, (i) the | ||||||
9 | main administrative office of the district must be located in | ||||||
10 | a city of 85,000 or more in population, according to the 2000 | ||||||
11 | U.S. Census, and (ii) the school district must have a | ||||||
12 | district-wide percentage of low-income students of 70% or | ||||||
13 | more, as identified by the 2005-2006 School Report Cards | ||||||
14 | published by the State Board of Education , and (iii) the | ||||||
15 | school district must not be eligible for a fast growth grant | ||||||
16 | under Section 18-8.10 of this Code . The State Board of | ||||||
17 | Education shall distribute the funds on a proportional basis | ||||||
18 | with no single district receiving more than 75% of the funds in | ||||||
19 | any given year. The State Board of Education may adopt rules as | ||||||
20 | needed for the implementation and distribution of grants under | ||||||
21 | this Section.
| ||||||
22 | (Source: P.A. 95-707, eff. 1-11-08.)
| ||||||
23 | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| ||||||
24 | Sec. 10-21.9. Criminal history records checks and checks |
| |||||||
| |||||||
1 | of the Statewide Sex Offender Database and Statewide Murderer | ||||||
2 | and Violent Offender Against Youth Database.
| ||||||
3 | (a) Licensed and nonlicensed applicants for employment | ||||||
4 | with a school
district, except school bus driver applicants, | ||||||
5 | are required as a condition
of employment to authorize a | ||||||
6 | fingerprint-based criminal history records check to determine | ||||||
7 | if such applicants have been convicted of any disqualifying, | ||||||
8 | enumerated criminal or drug offenses in subsection (c) of this | ||||||
9 | Section or
have been convicted, within 7 years of the | ||||||
10 | application for employment with
the
school district, of any | ||||||
11 | other felony under the laws of this State or of any
offense | ||||||
12 | committed or attempted in any other state or against the laws | ||||||
13 | of
the United States that, if committed or attempted in this | ||||||
14 | State, would
have been punishable as a felony under the laws of | ||||||
15 | this State.
Authorization for
the check shall be furnished by | ||||||
16 | the applicant to
the school district, except that if the | ||||||
17 | applicant is a substitute teacher
seeking employment in more | ||||||
18 | than one school district, a teacher seeking
concurrent | ||||||
19 | part-time employment positions with more than one school
| ||||||
20 | district (as a reading specialist, special education teacher | ||||||
21 | or otherwise),
or an educational support personnel employee | ||||||
22 | seeking employment positions
with more than one district, any | ||||||
23 | such district may require the applicant to
furnish | ||||||
24 | authorization for
the check to the regional superintendent
of | ||||||
25 | the educational service region in which are located the school | ||||||
26 | districts
in which the applicant is seeking employment as a |
| |||||||
| |||||||
1 | substitute or concurrent
part-time teacher or concurrent | ||||||
2 | educational support personnel employee.
Upon receipt of this | ||||||
3 | authorization, the school district or the appropriate
regional | ||||||
4 | superintendent, as the case may be, shall submit the | ||||||
5 | applicant's
name, sex, race, date of birth, social security | ||||||
6 | number, fingerprint images, and other identifiers, as | ||||||
7 | prescribed by the Illinois State Police, to the Illinois State | ||||||
8 | Police. The regional
superintendent submitting the requisite | ||||||
9 | information to the Illinois
State Police shall promptly notify | ||||||
10 | the school districts in which the
applicant is seeking | ||||||
11 | employment as a substitute or concurrent part-time
teacher or | ||||||
12 | concurrent educational support personnel employee that
the
| ||||||
13 | check of the applicant has been requested. The Illinois State | ||||||
14 | Police and the Federal Bureau of Investigation shall furnish, | ||||||
15 | pursuant to a fingerprint-based criminal history records | ||||||
16 | check, records of convictions, forever and hereinafter, until | ||||||
17 | expunged, to the president of the school board for the school | ||||||
18 | district that requested the check, or to the regional | ||||||
19 | superintendent who requested the check.
The Illinois State | ||||||
20 | Police
shall charge
the school district
or the appropriate | ||||||
21 | regional superintendent a fee for
conducting
such check, which | ||||||
22 | fee shall be deposited in the State
Police Services Fund and | ||||||
23 | shall not exceed the cost of
the inquiry; and the
applicant | ||||||
24 | shall not be charged a fee for
such check by the school
| ||||||
25 | district or by the regional superintendent, except that those | ||||||
26 | applicants seeking employment as a substitute teacher with a |
| |||||||
| |||||||
1 | school district may be charged a fee not to exceed the cost of | ||||||
2 | the inquiry. Subject to appropriations for these purposes, the | ||||||
3 | State Superintendent of Education shall reimburse school | ||||||
4 | districts and regional superintendents for fees paid to obtain | ||||||
5 | criminal history records checks under this Section.
| ||||||
6 | (a-5) The school district or regional superintendent shall | ||||||
7 | further perform a check of the Statewide Sex Offender | ||||||
8 | Database, as authorized by the Sex Offender Community | ||||||
9 | Notification Law, for each applicant. The check of the | ||||||
10 | Statewide Sex Offender Database must be conducted by the | ||||||
11 | school district or regional superintendent once for every 5 | ||||||
12 | years that an applicant remains employed by the school | ||||||
13 | district. | ||||||
14 | (a-6) The school district or regional superintendent shall | ||||||
15 | further perform a check of the Statewide Murderer and Violent | ||||||
16 | Offender Against Youth Database, as authorized by the Murderer | ||||||
17 | and Violent Offender Against Youth Community Notification Law, | ||||||
18 | for each applicant. The check of the Murderer and Violent | ||||||
19 | Offender Against Youth Database must be conducted by the | ||||||
20 | school district or regional superintendent once for every 5 | ||||||
21 | years that an applicant remains employed by the school | ||||||
22 | district. | ||||||
23 | (b)
Any information
concerning the record of convictions | ||||||
24 | obtained by the president of the
school board or the regional | ||||||
25 | superintendent shall be confidential and may
only be | ||||||
26 | transmitted to the superintendent of the school district or |
| |||||||
| |||||||
1 | his
designee, the appropriate regional superintendent if
the | ||||||
2 | check was
requested by the school district, the presidents of | ||||||
3 | the appropriate school
boards if
the check was requested from | ||||||
4 | the Illinois State
Police by the regional superintendent, the | ||||||
5 | State Board of Education and a school district as authorized | ||||||
6 | under subsection (b-5), the State Superintendent of
Education, | ||||||
7 | the State Educator Preparation and Licensure Board, any other | ||||||
8 | person
necessary to the decision of hiring the applicant for | ||||||
9 | employment, or for clarification purposes the Illinois State | ||||||
10 | Police or Statewide Sex Offender Database, or both. A copy
of | ||||||
11 | the record of convictions obtained from the Illinois State | ||||||
12 | Police
shall be provided to the applicant for employment. Upon | ||||||
13 | the check of the Statewide Sex Offender Database or Statewide | ||||||
14 | Murderer and Violent Offender Against Youth Database, the | ||||||
15 | school district or regional superintendent shall notify an | ||||||
16 | applicant as to whether or not the applicant has been | ||||||
17 | identified in the Database. If a check of
an applicant for | ||||||
18 | employment as a substitute or concurrent part-time teacher
or | ||||||
19 | concurrent educational support personnel employee in more than | ||||||
20 | one
school district was requested by the regional | ||||||
21 | superintendent, and the Illinois
State Police upon a check | ||||||
22 | ascertains that the applicant
has not been convicted of any of | ||||||
23 | the enumerated criminal or drug offenses
in subsection (c) of | ||||||
24 | this Section
or has not been convicted, within 7 years of the
| ||||||
25 | application for
employment with the
school district, of any | ||||||
26 | other felony under the laws of this State or of any
offense |
| |||||||
| |||||||
1 | committed or attempted in any other state or against the laws | ||||||
2 | of
the United States that, if committed or attempted in this | ||||||
3 | State, would
have been punishable as a felony under the laws of | ||||||
4 | this State
and so notifies the regional
superintendent and if | ||||||
5 | the regional superintendent upon a check ascertains that the | ||||||
6 | applicant has not been identified in the Sex Offender Database | ||||||
7 | or Statewide Murderer and Violent Offender Against Youth | ||||||
8 | Database, then the
regional superintendent shall issue to the | ||||||
9 | applicant a certificate
evidencing that as of the date | ||||||
10 | specified by the Illinois State Police
the applicant has not | ||||||
11 | been convicted of any of the enumerated criminal or
drug | ||||||
12 | offenses in subsection (c) of this Section
or has not been
| ||||||
13 | convicted, within 7 years of the application for employment | ||||||
14 | with the
school district, of any other felony under the laws of | ||||||
15 | this State or of any
offense committed or attempted in any | ||||||
16 | other state or against the laws of
the United States that, if | ||||||
17 | committed or attempted in this State, would
have been | ||||||
18 | punishable as a felony under the laws of this State and | ||||||
19 | evidencing that as of the date that the regional | ||||||
20 | superintendent conducted a check of the Statewide Sex Offender | ||||||
21 | Database or Statewide Murderer and Violent Offender Against | ||||||
22 | Youth Database, the applicant has not been identified in the | ||||||
23 | Database. The school
board of
any
school district
may rely on | ||||||
24 | the
certificate issued by any regional superintendent to that | ||||||
25 | substitute teacher, concurrent part-time teacher, or | ||||||
26 | concurrent educational support personnel employee or may
|
| |||||||
| |||||||
1 | initiate its own criminal history records check of the | ||||||
2 | applicant through the Illinois
State Police and its own check | ||||||
3 | of the Statewide Sex Offender Database or Statewide Murderer | ||||||
4 | and Violent Offender Against Youth Database as provided in | ||||||
5 | this Section. Any unauthorized release of confidential | ||||||
6 | information may be a violation of Section 7 of the Criminal | ||||||
7 | Identification Act.
| ||||||
8 | (b-5) If a criminal history records check or check of the | ||||||
9 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
10 | Violent Offender Against Youth Database is performed by a | ||||||
11 | regional superintendent for an applicant seeking employment as | ||||||
12 | a substitute teacher with a school district, the regional | ||||||
13 | superintendent may disclose to the State Board of Education | ||||||
14 | whether the applicant has been issued a certificate under | ||||||
15 | subsection (b) based on those checks. If the State Board | ||||||
16 | receives information on an applicant under this subsection, | ||||||
17 | then it must indicate in the Educator Licensure Information | ||||||
18 | System for a 90-day period that the applicant has been issued | ||||||
19 | or has not been issued a certificate. | ||||||
20 | (c) No school board shall knowingly employ a person who | ||||||
21 | has been
convicted of any offense that would subject him or her | ||||||
22 | to license suspension or revocation pursuant to Section 21B-80 | ||||||
23 | of this Code, except as provided under subsection (b) of | ||||||
24 | Section 21B-80.
Further, no school board shall knowingly | ||||||
25 | employ a person who has been found
to be the perpetrator of | ||||||
26 | sexual or physical abuse of any minor under 18 years
of age |
| |||||||
| |||||||
1 | pursuant to proceedings under Article II of the Juvenile Court | ||||||
2 | Act of
1987. As a condition of employment, each school board | ||||||
3 | must consider the status of a person who has been issued an | ||||||
4 | indicated finding of abuse or neglect of a child by the | ||||||
5 | Department of Children and Family Services under the Abused | ||||||
6 | and Neglected Child Reporting Act or by a child welfare agency | ||||||
7 | of another jurisdiction.
| ||||||
8 | (d) No school board shall knowingly employ a person for | ||||||
9 | whom a criminal
history records check and a Statewide Sex | ||||||
10 | Offender Database check have not been initiated.
| ||||||
11 | (e) Within 10 days after a superintendent, regional office | ||||||
12 | of education, or entity that provides background checks of | ||||||
13 | license holders to public schools receives information of a | ||||||
14 | pending criminal charge against a license holder for an | ||||||
15 | offense set forth in Section 21B-80 of this Code, the | ||||||
16 | superintendent, regional office of education, or entity must | ||||||
17 | notify the State Superintendent of Education of the pending | ||||||
18 | criminal charge. | ||||||
19 | If permissible by federal or State law, no later than 15 | ||||||
20 | business days after receipt of a record of conviction or of | ||||||
21 | checking the Statewide Murderer and Violent Offender Against | ||||||
22 | Youth Database or the Statewide Sex Offender Database and | ||||||
23 | finding a registration, the superintendent of the employing | ||||||
24 | school board or the applicable regional superintendent shall, | ||||||
25 | in writing, notify the State Superintendent of Education of | ||||||
26 | any license holder who has been convicted of a crime set forth |
| |||||||
| |||||||
1 | in Section 21B-80 of this Code. Upon receipt of the record of a | ||||||
2 | conviction of or a finding of child
abuse by a holder of any | ||||||
3 | license
issued pursuant to Article 21B or Section 34-8.1 or | ||||||
4 | 34-83 of this the
School Code, the
State Superintendent of | ||||||
5 | Education may initiate licensure suspension
and revocation | ||||||
6 | proceedings as authorized by law. If the receipt of the record | ||||||
7 | of conviction or finding of child abuse is received within 6 | ||||||
8 | months after the initial grant of or renewal of a license, the | ||||||
9 | State Superintendent of Education may rescind the license | ||||||
10 | holder's license.
| ||||||
11 | (e-5) The superintendent of the employing school board | ||||||
12 | shall, in writing, notify the State Superintendent of | ||||||
13 | Education and the applicable regional superintendent of | ||||||
14 | schools of any license holder whom he or she has reasonable | ||||||
15 | cause to believe has committed an intentional act of abuse or | ||||||
16 | neglect with the result of making a child an abused child or a | ||||||
17 | neglected child, as defined in Section 3 of the Abused and | ||||||
18 | Neglected Child Reporting Act, and that act resulted in the | ||||||
19 | license holder's dismissal or resignation from the school | ||||||
20 | district. This notification must be submitted within 30 days | ||||||
21 | after the dismissal or resignation and must include the | ||||||
22 | Illinois Educator Identification Number (IEIN) of the license | ||||||
23 | holder and a brief description of the misconduct alleged. The | ||||||
24 | license holder must also be contemporaneously sent a copy of | ||||||
25 | the notice by the superintendent. All correspondence, | ||||||
26 | documentation, and other information so received by the |
| |||||||
| |||||||
1 | regional superintendent of schools, the State Superintendent | ||||||
2 | of Education, the State Board of Education, or the State | ||||||
3 | Educator Preparation and Licensure Board under this subsection | ||||||
4 | (e-5) is confidential and must not be disclosed to third | ||||||
5 | parties, except (i) as necessary for the State Superintendent | ||||||
6 | of Education or his or her designee to investigate and | ||||||
7 | prosecute pursuant to Article 21B of this Code, (ii) pursuant | ||||||
8 | to a court order, (iii) for disclosure to the license holder or | ||||||
9 | his or her representative, or (iv) as otherwise provided in | ||||||
10 | this Article and provided that any such information admitted | ||||||
11 | into evidence in a hearing is exempt from this confidentiality | ||||||
12 | and non-disclosure requirement. Except for an act of willful | ||||||
13 | or wanton misconduct, any superintendent who provides | ||||||
14 | notification as required in this subsection (e-5) shall have | ||||||
15 | immunity from any liability, whether civil or criminal or that | ||||||
16 | otherwise might result by reason of such action. | ||||||
17 | (f) After January 1, 1990 the provisions of this Section | ||||||
18 | shall apply
to all employees of persons or firms holding | ||||||
19 | contracts with any school
district including, but not limited | ||||||
20 | to, food service workers, school bus
drivers and other | ||||||
21 | transportation employees, who have direct, daily contact
with | ||||||
22 | the pupils of any school in such district. For purposes of | ||||||
23 | criminal
history records checks and checks of the Statewide | ||||||
24 | Sex Offender Database on employees of persons or firms holding
| ||||||
25 | contracts with more than one school district and assigned to | ||||||
26 | more than one
school district, the regional superintendent of |
| |||||||
| |||||||
1 | the educational service
region in which the contracting school | ||||||
2 | districts are located may, at the
request of any such school | ||||||
3 | district, be responsible for receiving the
authorization for
a | ||||||
4 | criminal history records check prepared by each such employee | ||||||
5 | and
submitting the same to the Illinois State Police and for | ||||||
6 | conducting a check of the Statewide Sex Offender Database for | ||||||
7 | each employee. Any information
concerning the record of | ||||||
8 | conviction and identification as a sex offender of any such | ||||||
9 | employee obtained by the
regional superintendent shall be | ||||||
10 | promptly reported to the president of the
appropriate school | ||||||
11 | board or school boards.
| ||||||
12 | (f-5) Upon request of a school or school district, any | ||||||
13 | information obtained by a school district pursuant to | ||||||
14 | subsection (f) of this Section within the last year must be | ||||||
15 | made available to the requesting school or school district. | ||||||
16 | (g) Prior to the commencement of any student teaching | ||||||
17 | experience or required internship (which is referred to as | ||||||
18 | student teaching in this Section) in the public schools, a | ||||||
19 | student teacher is required to authorize a fingerprint-based | ||||||
20 | criminal history records check. Authorization for and payment | ||||||
21 | of the costs of the check must be furnished by the student | ||||||
22 | teacher to the school district where the student teaching is | ||||||
23 | to be completed. Upon receipt of this authorization and | ||||||
24 | payment, the school district shall submit the student | ||||||
25 | teacher's name, sex, race, date of birth, social security | ||||||
26 | number, fingerprint images, and other identifiers, as |
| |||||||
| |||||||
1 | prescribed by the Illinois State Police, to the Illinois State | ||||||
2 | Police. The Illinois State Police and the Federal Bureau of | ||||||
3 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
4 | criminal history records check, records of convictions, | ||||||
5 | forever and hereinafter, until expunged, to the president of | ||||||
6 | the school board for the school district that requested the | ||||||
7 | check. The Illinois State Police shall charge the school | ||||||
8 | district a fee for conducting the check, which fee must not | ||||||
9 | exceed the cost of the inquiry and must be deposited into the | ||||||
10 | State Police Services Fund. The school district shall further | ||||||
11 | perform a check of the Statewide Sex Offender Database, as | ||||||
12 | authorized by the Sex Offender Community Notification Law, and | ||||||
13 | of the Statewide Murderer and Violent Offender Against Youth | ||||||
14 | Database, as authorized by the Murderer and Violent Offender | ||||||
15 | Against Youth Registration Act, for each student teacher. No | ||||||
16 | school board may knowingly allow a person to student teach for | ||||||
17 | whom a criminal history records check, a Statewide Sex | ||||||
18 | Offender Database check, and a Statewide Murderer and Violent | ||||||
19 | Offender Against Youth Database check have not been completed | ||||||
20 | and reviewed by the district. | ||||||
21 | A copy of the record of convictions obtained from the | ||||||
22 | Illinois State Police must be provided to the student teacher. | ||||||
23 | Any information concerning the record of convictions obtained | ||||||
24 | by the president of the school board is confidential and may | ||||||
25 | only be transmitted to the superintendent of the school | ||||||
26 | district or his or her designee, the State Superintendent of |
| |||||||
| |||||||
1 | Education, the State Educator Preparation and Licensure Board, | ||||||
2 | or, for clarification purposes, the Illinois State Police or | ||||||
3 | the Statewide Sex Offender Database or Statewide Murderer and | ||||||
4 | Violent Offender Against Youth Database. Any unauthorized | ||||||
5 | release of confidential information may be a violation of | ||||||
6 | Section 7 of the Criminal Identification Act. | ||||||
7 | No school board shall knowingly allow a person to student | ||||||
8 | teach who has been convicted of any offense that would subject | ||||||
9 | him or her to license suspension or revocation pursuant to | ||||||
10 | subsection (c) of Section 21B-80 of this Code, except as | ||||||
11 | provided under subsection (b) of Section 21B-80. Further, no | ||||||
12 | school board shall allow a person to student teach if he or she | ||||||
13 | has been found to be the perpetrator of sexual or physical | ||||||
14 | abuse of a minor under 18 years of age pursuant to proceedings | ||||||
15 | under Article II of the Juvenile Court Act of 1987. Each school | ||||||
16 | board must consider the status of a person to student teach who | ||||||
17 | has been issued an indicated finding of abuse or neglect of a | ||||||
18 | child by the Department of Children and Family Services under | ||||||
19 | the Abused and Neglected Child Reporting Act or by a child | ||||||
20 | welfare agency of another jurisdiction. | ||||||
21 | (h) (Blank). | ||||||
22 | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||||||
23 | 101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. | ||||||
24 | 1-1-22; revised 10-6-21.)
| ||||||
25 | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) |
| |||||||
| |||||||
1 | Sec. 34-18.5. Criminal history records checks and checks | ||||||
2 | of the Statewide Sex Offender Database and Statewide Murderer | ||||||
3 | and Violent Offender Against Youth Database. | ||||||
4 | (a) Licensed and nonlicensed applicants for
employment | ||||||
5 | with the school district are required as a condition of
| ||||||
6 | employment to authorize a fingerprint-based criminal history | ||||||
7 | records check to determine if such applicants
have been | ||||||
8 | convicted of any disqualifying, enumerated criminal or drug | ||||||
9 | offense in
subsection (c) of this Section or have been
| ||||||
10 | convicted, within 7 years of the application for employment | ||||||
11 | with the
school district, of any other felony under the laws of | ||||||
12 | this State or of any
offense committed or attempted in any | ||||||
13 | other state or against the laws of
the United States that, if | ||||||
14 | committed or attempted in this State, would
have been | ||||||
15 | punishable as a felony under the laws of this State. | ||||||
16 | Authorization
for
the
check shall
be furnished by the | ||||||
17 | applicant to the school district, except that if the
applicant | ||||||
18 | is a substitute teacher seeking employment in more than one
| ||||||
19 | school district, or a teacher seeking concurrent part-time | ||||||
20 | employment
positions with more than one school district (as a | ||||||
21 | reading specialist,
special education teacher or otherwise), | ||||||
22 | or an educational support
personnel employee seeking | ||||||
23 | employment positions with more than one
district, any such | ||||||
24 | district may require the applicant to furnish
authorization | ||||||
25 | for
the check to the regional superintendent of the
| ||||||
26 | educational service region in which are located the school |
| |||||||
| |||||||
1 | districts in
which the applicant is seeking employment as a | ||||||
2 | substitute or concurrent
part-time teacher or concurrent | ||||||
3 | educational support personnel employee.
Upon receipt of this | ||||||
4 | authorization, the school district or the appropriate
regional | ||||||
5 | superintendent, as the case may be, shall submit the | ||||||
6 | applicant's
name, sex, race, date of birth, social security | ||||||
7 | number, fingerprint images, and other identifiers, as | ||||||
8 | prescribed by the Illinois State Police, to the Illinois State | ||||||
9 | Police. The regional
superintendent submitting the requisite | ||||||
10 | information to the Illinois
State Police shall promptly notify | ||||||
11 | the school districts in which the
applicant is seeking | ||||||
12 | employment as a substitute or concurrent part-time
teacher or | ||||||
13 | concurrent educational support personnel employee that
the
| ||||||
14 | check of the applicant has been requested. The Illinois State
| ||||||
15 | Police and the Federal Bureau of Investigation shall furnish, | ||||||
16 | pursuant to a fingerprint-based criminal history records | ||||||
17 | check, records of convictions, forever and hereinafter, until | ||||||
18 | expunged, to the president of the school board for the school | ||||||
19 | district that requested the check, or to the regional | ||||||
20 | superintendent who requested the check. The Illinois State | ||||||
21 | Police
shall charge
the school district
or the appropriate | ||||||
22 | regional superintendent a fee for
conducting
such check, which | ||||||
23 | fee shall be deposited in the State
Police Services Fund and | ||||||
24 | shall not exceed the cost of the inquiry; and the
applicant | ||||||
25 | shall not be charged a fee for
such check by the school
| ||||||
26 | district or by the regional superintendent. Subject to |
| |||||||
| |||||||
1 | appropriations for these purposes, the State Superintendent of | ||||||
2 | Education shall reimburse the school district and regional | ||||||
3 | superintendent for fees paid to obtain criminal history | ||||||
4 | records checks under this Section. | ||||||
5 | (a-5) The school district or regional superintendent shall | ||||||
6 | further perform a check of the Statewide Sex Offender | ||||||
7 | Database, as authorized by the Sex Offender Community | ||||||
8 | Notification Law, for each applicant. The check of the | ||||||
9 | Statewide Sex Offender Database must be conducted by the | ||||||
10 | school district or regional superintendent once for every 5 | ||||||
11 | years that an applicant remains employed by the school | ||||||
12 | district. | ||||||
13 | (a-6) The school district or regional superintendent shall | ||||||
14 | further perform a check of the Statewide Murderer and Violent | ||||||
15 | Offender Against Youth Database, as authorized by the Murderer | ||||||
16 | and Violent Offender Against Youth Community Notification Law, | ||||||
17 | for each applicant. The check of the Murderer and Violent | ||||||
18 | Offender Against Youth Database must be conducted by the | ||||||
19 | school district or regional superintendent once for every 5 | ||||||
20 | years that an applicant remains employed by the school | ||||||
21 | district. | ||||||
22 | (b) Any
information concerning the record of convictions | ||||||
23 | obtained by the president
of the board of education or the | ||||||
24 | regional superintendent shall be
confidential and may only be | ||||||
25 | transmitted to the general superintendent of
the school | ||||||
26 | district or his designee, the appropriate regional
|
| |||||||
| |||||||
1 | superintendent if
the check was requested by the board of | ||||||
2 | education
for the school district, the presidents of the | ||||||
3 | appropriate board of
education or school boards if
the check | ||||||
4 | was requested from the Illinois
State Police by the regional | ||||||
5 | superintendent, the State Board of Education and the school | ||||||
6 | district as authorized under subsection (b-5), the State
| ||||||
7 | Superintendent of Education, the State Educator Preparation | ||||||
8 | and Licensure Board or any
other person necessary to the | ||||||
9 | decision of hiring the applicant for
employment. A copy of the | ||||||
10 | record of convictions obtained from the Illinois
State Police | ||||||
11 | shall be provided to the applicant for
employment. Upon the | ||||||
12 | check of the Statewide Sex Offender Database or Statewide | ||||||
13 | Murderer and Violent Offender Against Youth Database, the | ||||||
14 | school district or regional superintendent shall notify an | ||||||
15 | applicant as to whether or not the applicant has been | ||||||
16 | identified in the Database. If a check of an applicant for | ||||||
17 | employment as a
substitute or concurrent part-time teacher or | ||||||
18 | concurrent educational
support personnel employee in more than | ||||||
19 | one school district was requested
by the regional | ||||||
20 | superintendent, and the Illinois State Police upon
a check | ||||||
21 | ascertains that the applicant has not been convicted of any
of | ||||||
22 | the enumerated criminal or drug offenses in subsection (c) of | ||||||
23 | this Section
or has not been
convicted,
within 7 years of the | ||||||
24 | application for employment with the
school district, of any | ||||||
25 | other felony under the laws of this State or of any
offense | ||||||
26 | committed or attempted in any other state or against the laws |
| |||||||
| |||||||
1 | of
the United States that, if committed or attempted in this | ||||||
2 | State, would
have been punishable as a felony under the laws of | ||||||
3 | this State and so
notifies the regional superintendent and if | ||||||
4 | the regional superintendent upon a check ascertains that the | ||||||
5 | applicant has not been identified in the Sex Offender Database | ||||||
6 | or Statewide Murderer and Violent Offender Against Youth | ||||||
7 | Database, then the regional superintendent
shall issue to the | ||||||
8 | applicant a certificate evidencing that as of the date
| ||||||
9 | specified by the Illinois State Police the applicant has not | ||||||
10 | been
convicted of any of the enumerated criminal or drug | ||||||
11 | offenses in subsection
(c) of this Section
or has not been
| ||||||
12 | convicted, within 7 years of the application for employment | ||||||
13 | with the
school district, of any other felony under the laws of | ||||||
14 | this State or of any
offense committed or attempted in any | ||||||
15 | other state or against the laws of
the United States that, if | ||||||
16 | committed or attempted in this State, would
have been | ||||||
17 | punishable as a felony under the laws of this State and | ||||||
18 | evidencing that as of the date that the regional | ||||||
19 | superintendent conducted a check of the Statewide Sex Offender | ||||||
20 | Database or Statewide Murderer and Violent Offender Against | ||||||
21 | Youth Database, the applicant has not been identified in the | ||||||
22 | Database. The school
board of any school district may rely on | ||||||
23 | the certificate issued by any regional
superintendent to that | ||||||
24 | substitute teacher, concurrent part-time teacher, or | ||||||
25 | concurrent educational support personnel employee
or may | ||||||
26 | initiate its own criminal history records check of
the |
| |||||||
| |||||||
1 | applicant through the Illinois State Police and its own check | ||||||
2 | of the Statewide Sex Offender Database or Statewide Murderer | ||||||
3 | and Violent Offender Against Youth Database as provided in
| ||||||
4 | this Section. Any unauthorized release of confidential | ||||||
5 | information may be a violation of Section 7 of the Criminal | ||||||
6 | Identification Act. | ||||||
7 | (b-5) If a criminal history records check or check of the | ||||||
8 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
9 | Violent Offender Against Youth Database is performed by a | ||||||
10 | regional superintendent for an applicant seeking employment as | ||||||
11 | a substitute teacher with the school district, the regional | ||||||
12 | superintendent may disclose to the State Board of Education | ||||||
13 | whether the applicant has been issued a certificate under | ||||||
14 | subsection (b) based on those checks. If the State Board | ||||||
15 | receives information on an applicant under this subsection, | ||||||
16 | then it must indicate in the Educator Licensure Information | ||||||
17 | System for a 90-day period that the applicant has been issued | ||||||
18 | or has not been issued a certificate. | ||||||
19 | (c) The board of education shall not knowingly employ a | ||||||
20 | person who has
been convicted of any offense that would | ||||||
21 | subject him or her to license suspension or revocation | ||||||
22 | pursuant to Section 21B-80 of this Code, except as provided | ||||||
23 | under subsection (b) of 21B-80.
Further, the board of | ||||||
24 | education shall not knowingly employ a person who has
been | ||||||
25 | found to be the perpetrator of sexual or physical abuse of any | ||||||
26 | minor under
18 years of age pursuant to proceedings under |
| |||||||
| |||||||
1 | Article II of the Juvenile Court
Act of 1987. As a condition of | ||||||
2 | employment, the board of education must consider the status of | ||||||
3 | a person who has been issued an indicated finding of abuse or | ||||||
4 | neglect of a child by the Department of Children and Family | ||||||
5 | Services under the Abused and Neglected Child Reporting Act or | ||||||
6 | by a child welfare agency of another jurisdiction. | ||||||
7 | (d) The board of education shall not knowingly employ a | ||||||
8 | person for whom
a criminal history records check and a | ||||||
9 | Statewide Sex Offender Database check have not been initiated. | ||||||
10 | (e) Within 10 days after the general superintendent of | ||||||
11 | schools, a regional office of education, or an entity that | ||||||
12 | provides background checks of license holders to public | ||||||
13 | schools receives information of a pending criminal charge | ||||||
14 | against a license holder for an offense set forth in Section | ||||||
15 | 21B-80 of this Code, the superintendent, regional office of | ||||||
16 | education, or entity must notify the State Superintendent of | ||||||
17 | Education of the pending criminal charge. | ||||||
18 | No later than 15 business days after receipt of a record of | ||||||
19 | conviction or of checking the Statewide Murderer and Violent | ||||||
20 | Offender Against Youth Database or the Statewide Sex Offender | ||||||
21 | Database and finding a registration, the general | ||||||
22 | superintendent of schools or the applicable regional | ||||||
23 | superintendent shall, in writing, notify the State | ||||||
24 | Superintendent of Education of any license holder who has been | ||||||
25 | convicted of a crime set forth in Section 21B-80 of this Code. | ||||||
26 | Upon receipt of the record of a conviction of or a finding of |
| |||||||
| |||||||
1 | child
abuse by a holder of any license
issued pursuant to | ||||||
2 | Article 21B or Section 34-8.1 or 34-83 of this Code, the State | ||||||
3 | Superintendent of
Education may initiate licensure suspension | ||||||
4 | and revocation
proceedings as authorized by law. If the | ||||||
5 | receipt of the record of conviction or finding of child abuse | ||||||
6 | is received within 6 months after the initial grant of or | ||||||
7 | renewal of a license, the State Superintendent of Education | ||||||
8 | may rescind the license holder's license. | ||||||
9 | (e-5) The general superintendent of schools shall, in | ||||||
10 | writing, notify the State Superintendent of Education of any | ||||||
11 | license holder whom he or she has reasonable cause to believe | ||||||
12 | has committed an intentional act of abuse or neglect with the | ||||||
13 | result of making a child an abused child or a neglected child, | ||||||
14 | as defined in Section 3 of the Abused and Neglected Child | ||||||
15 | Reporting Act, and that act resulted in the license holder's | ||||||
16 | dismissal or resignation from the school district and must | ||||||
17 | include the Illinois Educator Identification Number (IEIN) of | ||||||
18 | the license holder and a brief description of the misconduct | ||||||
19 | alleged. This notification must be submitted within 30 days | ||||||
20 | after the dismissal or resignation. The license holder must | ||||||
21 | also be contemporaneously sent a copy of the notice by the | ||||||
22 | superintendent. All correspondence, documentation, and other | ||||||
23 | information so received by the State Superintendent of | ||||||
24 | Education, the State Board of Education, or the State Educator | ||||||
25 | Preparation and Licensure Board under this subsection (e-5) is | ||||||
26 | confidential and must not be disclosed to third parties, |
| |||||||
| |||||||
1 | except (i) as necessary for the State Superintendent of | ||||||
2 | Education or his or her designee to investigate and prosecute | ||||||
3 | pursuant to Article 21B of this Code, (ii) pursuant to a court | ||||||
4 | order, (iii) for disclosure to the license holder or his or her | ||||||
5 | representative, or (iv) as otherwise provided in this Article | ||||||
6 | and provided that any such information admitted into evidence | ||||||
7 | in a hearing is exempt from this confidentiality and | ||||||
8 | non-disclosure requirement. Except for an act of willful or | ||||||
9 | wanton misconduct, any superintendent who provides | ||||||
10 | notification as required in this subsection (e-5) shall have | ||||||
11 | immunity from any liability, whether civil or criminal or that | ||||||
12 | otherwise might result by reason of such action. | ||||||
13 | (f) After March 19, 1990, the provisions of this Section | ||||||
14 | shall apply to
all employees of persons or firms holding | ||||||
15 | contracts with any school district
including, but not limited | ||||||
16 | to, food service workers, school bus drivers and
other | ||||||
17 | transportation employees, who have direct, daily contact with | ||||||
18 | the
pupils of any school in such district. For purposes of | ||||||
19 | criminal history records checks and checks of the Statewide | ||||||
20 | Sex Offender Database on employees of persons or firms holding | ||||||
21 | contracts with more
than one school district and assigned to | ||||||
22 | more than one school district, the
regional superintendent of | ||||||
23 | the educational service region in which the
contracting school | ||||||
24 | districts are located may, at the request of any such
school | ||||||
25 | district, be responsible for receiving the authorization for
a | ||||||
26 | criminal history records check prepared by each such employee |
| |||||||
| |||||||
1 | and submitting the same to the Illinois
State Police and for | ||||||
2 | conducting a check of the Statewide Sex Offender Database for | ||||||
3 | each employee. Any information concerning the record of
| ||||||
4 | conviction and identification as a sex offender of any such | ||||||
5 | employee obtained by the regional superintendent
shall be | ||||||
6 | promptly reported to the president of the appropriate school | ||||||
7 | board
or school boards. | ||||||
8 | (f-5) Upon request of a school or school district, any | ||||||
9 | information obtained by the school district pursuant to | ||||||
10 | subsection (f) of this Section within the last year must be | ||||||
11 | made available to the requesting school or school district. | ||||||
12 | (g) Prior to the commencement of any student teaching | ||||||
13 | experience or required internship (which is referred to as | ||||||
14 | student teaching in this Section) in the public schools, a | ||||||
15 | student teacher is required to authorize a fingerprint-based | ||||||
16 | criminal history records check. Authorization for and payment | ||||||
17 | of the costs of the check must be furnished by the student | ||||||
18 | teacher to the school district. Upon receipt of this | ||||||
19 | authorization and payment, the school district shall submit | ||||||
20 | the student teacher's name, sex, race, date of birth, social | ||||||
21 | security number, fingerprint images, and other identifiers, as | ||||||
22 | prescribed by the Illinois State Police, to the Illinois State | ||||||
23 | Police. The Illinois State Police and the Federal Bureau of | ||||||
24 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
25 | criminal history records check, records of convictions, | ||||||
26 | forever and hereinafter, until expunged, to the president of |
| |||||||
| |||||||
1 | the board. The Illinois State Police shall charge the school | ||||||
2 | district a fee for conducting the check, which fee must not | ||||||
3 | exceed the cost of the inquiry and must be deposited into the | ||||||
4 | State Police Services Fund. The school district shall further | ||||||
5 | perform a check of the Statewide Sex Offender Database, as | ||||||
6 | authorized by the Sex Offender Community Notification Law, and | ||||||
7 | of the Statewide Murderer and Violent Offender Against Youth | ||||||
8 | Database, as authorized by the Murderer and Violent Offender | ||||||
9 | Against Youth Registration Act, for each student teacher. The | ||||||
10 | board may not knowingly allow a person to student teach for | ||||||
11 | whom a criminal history records check, a Statewide Sex | ||||||
12 | Offender Database check, and a Statewide Murderer and Violent | ||||||
13 | Offender Against Youth Database check have not been completed | ||||||
14 | and reviewed by the district. | ||||||
15 | A copy of the record of convictions obtained from the | ||||||
16 | Illinois State Police must be provided to the student teacher. | ||||||
17 | Any information concerning the record of convictions obtained | ||||||
18 | by the president of the board is confidential and may only be | ||||||
19 | transmitted to the general superintendent of schools or his or | ||||||
20 | her designee, the State Superintendent of Education, the State | ||||||
21 | Educator Preparation and Licensure Board, or, for | ||||||
22 | clarification purposes, the Illinois State Police or the | ||||||
23 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
24 | Violent Offender Against Youth Database. Any unauthorized | ||||||
25 | release of confidential information may be a violation of | ||||||
26 | Section 7 of the Criminal Identification Act. |
| |||||||
| |||||||
1 | The board may not knowingly allow a person to student | ||||||
2 | teach who has been convicted of any offense that would subject | ||||||
3 | him or her to license suspension or revocation pursuant to | ||||||
4 | subsection (c) of Section 21B-80 of this Code, except as | ||||||
5 | provided under subsection (b) of Section 21B-80. Further, the | ||||||
6 | board may not allow a person to student teach if he or she has | ||||||
7 | been found to be the perpetrator of sexual or physical abuse of | ||||||
8 | a minor under 18 years of age pursuant to proceedings under | ||||||
9 | Article II of the Juvenile Court Act of 1987. The board must | ||||||
10 | consider the status of a person to student teach who has been | ||||||
11 | issued an indicated finding of abuse or neglect of a child by | ||||||
12 | the Department of Children and Family Services under the | ||||||
13 | Abused and Neglected Child Reporting Act or by a child welfare | ||||||
14 | agency of another jurisdiction. | ||||||
15 | (h) (Blank). | ||||||
16 | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||||||
17 | 101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. | ||||||
18 | 1-1-22; revised 10-18-21.)
| ||||||
19 | (105 ILCS 5/1F-62 rep.) | ||||||
20 | (105 ILCS 5/2-3.33a rep.) | ||||||
21 | (105 ILCS 5/2-3.128 rep.) | ||||||
22 | (105 ILCS 5/18-8.10 rep.) | ||||||
23 | (105 ILCS 5/21-5e rep.) | ||||||
24 | (105 ILCS 5/34-83 rep.) | ||||||
25 | Section 15-10. The School Code is amended by repealing |
| |||||||
| |||||||
1 | Sections 1F-62, 2-3.33a, 2-3.128, 18-8.10, 21-5e, and 34-83.
| ||||||
2 | Section 15-15. The Illinois Educational Labor Relations | ||||||
3 | Act is amended by changing Section 2 as follows:
| ||||||
4 | (115 ILCS 5/2) (from Ch. 48, par. 1702)
| ||||||
5 | Sec. 2. Definitions. As used in this Act:
| ||||||
6 | (a) "Educational employer"
or "employer" means the | ||||||
7 | governing body of a public school district, including the | ||||||
8 | governing body of a charter school established under Article | ||||||
9 | 27A of the School Code or of a contract school or contract | ||||||
10 | turnaround school established under paragraph 30 of Section | ||||||
11 | 34-18 of the School Code, combination
of public school | ||||||
12 | districts, including the governing body of joint agreements
of | ||||||
13 | any type formed by 2 or more school districts, public | ||||||
14 | community college
district or State college or university, a | ||||||
15 | subcontractor of instructional services of a school district | ||||||
16 | (other than a school district organized under Article 34 of | ||||||
17 | the School Code), combination of school districts, charter | ||||||
18 | school established under Article 27A of the School Code, or | ||||||
19 | contract school or contract turnaround school established | ||||||
20 | under paragraph 30 of Section 34-18 of the School Code, an | ||||||
21 | Independent Authority created under Section 2-3.25f-5 of the | ||||||
22 | School Code, and any State agency whose major
function is | ||||||
23 | providing educational services.
"Educational employer" or | ||||||
24 | "employer" does not include (1) a Financial Oversight
Panel |
| |||||||
| |||||||
1 | created pursuant to Section 1A-8 of the School Code due to a
| ||||||
2 | district
violating a financial plan or (2) an approved | ||||||
3 | nonpublic special education facility that contracts with a | ||||||
4 | school district or combination of school districts to provide | ||||||
5 | special education services pursuant to Section 14-7.02 of the | ||||||
6 | School Code, but does include a School Finance Authority
| ||||||
7 | created
under Article 1E or 1F of the School Code and a | ||||||
8 | Financial Oversight Panel created under Article 1B or 1H of | ||||||
9 | the School Code. The change made by this amendatory Act of the | ||||||
10 | 96th General Assembly to this paragraph (a) to make clear that | ||||||
11 | the governing body of a charter school is an "educational | ||||||
12 | employer" is declaratory of existing law.
| ||||||
13 | (b) "Educational employee" or "employee" means any | ||||||
14 | individual, excluding
supervisors, managerial, confidential, | ||||||
15 | short term employees, student, and
part-time academic | ||||||
16 | employees of community colleges employed full or part
time by | ||||||
17 | an educational employer, but shall not include elected | ||||||
18 | officials
and appointees of the Governor with the advice and | ||||||
19 | consent of the Senate,
firefighters as defined by subsection | ||||||
20 | (g-1) of Section 3 of the Illinois
Public Labor Relations Act, | ||||||
21 | and peace officers employed by a State
university. For the | ||||||
22 | purposes of this Act, part-time
academic employees of | ||||||
23 | community colleges shall be defined as those
employees who | ||||||
24 | provide less than 3 credit hours of instruction per
academic
| ||||||
25 | semester. In this subsection (b), the term "student" does not | ||||||
26 | include
graduate students who are research assistants |
| |||||||
| |||||||
1 | primarily
performing duties that involve research, graduate | ||||||
2 | assistants primarily
performing duties that are | ||||||
3 | pre-professional, graduate
students who are teaching | ||||||
4 | assistants primarily performing duties that
involve the | ||||||
5 | delivery and support of instruction, or any other graduate
| ||||||
6 | assistants.
| ||||||
7 | (c) "Employee organization" or "labor organization" means | ||||||
8 | an organization
of any kind in which membership includes | ||||||
9 | educational employees, and which
exists for the purpose, in | ||||||
10 | whole or in part, of dealing with employers
concerning | ||||||
11 | grievances, employee-employer disputes, wages, rates of pay,
| ||||||
12 | hours of employment, or conditions of work, but shall not | ||||||
13 | include any
organization which practices discrimination in | ||||||
14 | membership because of race,
color, creed, age, gender, | ||||||
15 | national origin or political affiliation.
| ||||||
16 | (d) "Exclusive representative" means the labor | ||||||
17 | organization which has
been designated by the Illinois | ||||||
18 | Educational Labor Relations Board as the
representative of the | ||||||
19 | majority of educational employees in an appropriate
unit, or | ||||||
20 | recognized by an educational employer prior to January 1, 1984 | ||||||
21 | as
the exclusive representative of the employees in an | ||||||
22 | appropriate unit or,
after January 1, 1984, recognized by an | ||||||
23 | employer upon evidence that the
employee organization has been | ||||||
24 | designated as the exclusive representative
by a majority of | ||||||
25 | the employees in an appropriate unit.
| ||||||
26 | (e) "Board" means the Illinois Educational Labor Relations |
| |||||||
| |||||||
1 | Board.
| ||||||
2 | (f) "Regional Superintendent" means the regional | ||||||
3 | superintendent of
schools provided for in Articles 3 and 3A of | ||||||
4 | The School Code.
| ||||||
5 | (g) "Supervisor" means any individual having authority in | ||||||
6 | the interests
of the employer to hire, transfer, suspend, lay | ||||||
7 | off, recall, promote,
discharge, reward or discipline other | ||||||
8 | employees within the appropriate
bargaining unit and adjust | ||||||
9 | their grievances, or to effectively recommend
such action if | ||||||
10 | the exercise of such authority is not of a merely routine or
| ||||||
11 | clerical nature but requires the use of independent judgment. | ||||||
12 | The term
"supervisor" includes only those individuals who | ||||||
13 | devote a preponderance of
their employment time to such | ||||||
14 | exercising authority.
| ||||||
15 | (h) "Unfair labor practice" or "unfair practice" means any | ||||||
16 | practice
prohibited by Section 14 of this Act.
| ||||||
17 | (i) "Person" includes an individual, educational employee, | ||||||
18 | educational
employer, legal representative, or employee | ||||||
19 | organization.
| ||||||
20 | (j) "Wages" means salaries or other forms of compensation | ||||||
21 | for services
rendered.
| ||||||
22 | (k) "Professional employee" means, in the case of a public | ||||||
23 | community
college, State college or university, State agency | ||||||
24 | whose major function is
providing educational services, the | ||||||
25 | Illinois School for the Deaf, and the
Illinois School for the | ||||||
26 | Visually Impaired, (1) any employee engaged in work
(i) |
| |||||||
| |||||||
1 | predominantly intellectual and varied in character as opposed | ||||||
2 | to
routine mental, manual, mechanical, or physical work; (ii) | ||||||
3 | involving the
consistent exercise of discretion and judgment | ||||||
4 | in its performance; (iii) of
such character that the output | ||||||
5 | produced or the result accomplished cannot
be standardized in | ||||||
6 | relation to a given period of time; and (iv) requiring
| ||||||
7 | knowledge of an advanced type in a field of science or learning | ||||||
8 | customarily
acquired by a prolonged course of specialized | ||||||
9 | intellectual instruction and
study in an institution of higher | ||||||
10 | learning or a hospital, as distinguished
from a general | ||||||
11 | academic education or from an apprenticeship or from training
| ||||||
12 | in the performance of routine mental, manual, or physical | ||||||
13 | processes; or
(2) any employee, who (i) has completed the | ||||||
14 | courses of specialized
intellectual instruction and study | ||||||
15 | described in clause (iv) of paragraph
(1) of this subsection, | ||||||
16 | and (ii) is performing related work under the
supervision of a | ||||||
17 | professional person to qualify himself or herself to
become a | ||||||
18 | professional as defined in paragraph (l).
| ||||||
19 | (l) "Professional employee" means, in the case of any | ||||||
20 | public school
district, or combination of school districts | ||||||
21 | pursuant to joint agreement,
any employee who has a | ||||||
22 | certificate issued under Article 21 or Section 34-83
of the | ||||||
23 | School Code , as now or hereafter amended .
| ||||||
24 | (m) "Unit" or "bargaining unit" means any group of | ||||||
25 | employees for which
an exclusive representative is selected.
| ||||||
26 | (n) "Confidential employee" means an employee, who (i) in |
| |||||||
| |||||||
1 | the regular
course of his or her duties, assists and acts in a | ||||||
2 | confidential capacity to
persons who formulate, determine and | ||||||
3 | effectuate management policies with
regard to labor relations | ||||||
4 | or who (ii) in the regular course of his or her
duties has | ||||||
5 | access to information relating to the effectuation or review | ||||||
6 | of
the employer's collective bargaining policies.
| ||||||
7 | (o) "Managerial employee" means an individual who is | ||||||
8 | engaged
predominantly in executive and management functions | ||||||
9 | and is charged with the
responsibility of directing the | ||||||
10 | effectuation of such management policies and
practices.
| ||||||
11 | (p) "Craft employee" means a skilled journeyman, craft | ||||||
12 | person, and his
or her apprentice or helper.
| ||||||
13 | (q) "Short-term employee" is an employee who is employed | ||||||
14 | for less than
2 consecutive calendar quarters during a | ||||||
15 | calendar year and who does not
have a reasonable expectation | ||||||
16 | that he or she will be rehired by the same
employer for the | ||||||
17 | same service in a subsequent calendar year. Nothing in
this | ||||||
18 | subsection shall affect the employee status of individuals who | ||||||
19 | were
covered by a collective bargaining agreement on the | ||||||
20 | effective date of this
amendatory Act of 1991.
| ||||||
21 | (Source: P.A. 101-380, eff. 1-1-20 .)
| ||||||
22 | ARTICLE 20. FINANCE-VARIOUS | ||||||
23 | Section 20-5. The State Employees Group Insurance Act of | ||||||
24 | 1971 is amended by changing Section 11 as follows:
|
| |||||||
| |||||||
1 | (5 ILCS 375/11) (from Ch. 127, par. 531)
| ||||||
2 | Sec. 11. The amount of contribution in any fiscal year | ||||||
3 | from funds other than
the General Revenue Fund or the Road Fund | ||||||
4 | shall be at the same contribution
rate as the General Revenue | ||||||
5 | Fund or the Road Fund , except that in State Fiscal Year 2009 no | ||||||
6 | contributions shall be required from the FY09 Budget Relief | ||||||
7 | Fund . Contributions and payments
for life insurance shall be | ||||||
8 | deposited in the Group Insurance Premium Fund.
Contributions | ||||||
9 | and payments for health coverages and other benefits shall be
| ||||||
10 | deposited in the Health Insurance Reserve Fund. Federal funds | ||||||
11 | which are
available for cooperative extension purposes shall | ||||||
12 | also be charged for the
contributions which are made for | ||||||
13 | retired employees formerly employed in the
Cooperative | ||||||
14 | Extension Service. In the case of departments or any division
| ||||||
15 | thereof receiving a fraction of its requirements for | ||||||
16 | administration from the
Federal Government, the contributions | ||||||
17 | hereunder shall be such fraction of the
amount determined | ||||||
18 | under the provisions hereof and the
remainder shall be | ||||||
19 | contributed by the State.
| ||||||
20 | Every department which has members paid from funds other | ||||||
21 | than the General
Revenue Fund , or other than the FY09 Budget | ||||||
22 | Relief Fund in State Fiscal Year 2009, shall cooperate with | ||||||
23 | the Department of Central Management Services
and the
| ||||||
24 | Governor's Office of Management and Budget in order to assure | ||||||
25 | that the specified
proportion of the State's cost for group |
| |||||||
| |||||||
1 | life insurance, the program of health
benefits and other | ||||||
2 | employee benefits is paid by such funds; except that
| ||||||
3 | contributions under this Act need not be paid from any other
| ||||||
4 | fund where both the Director of Central Management Services | ||||||
5 | and the Director of
the
Governor's Office of Management and | ||||||
6 | Budget have designated in writing that the necessary
| ||||||
7 | contributions are included in the General Revenue Fund | ||||||
8 | contribution amount.
| ||||||
9 | Universities having employees who are totally
compensated | ||||||
10 | out of the following funds:
| ||||||
11 | (1) Income Funds;
| ||||||
12 | (2) Local auxiliary funds; and
| ||||||
13 | (3) the Agricultural Premium Fund
| ||||||
14 | shall not be required to submit such contribution for such | ||||||
15 | employees.
| ||||||
16 | For each person covered under this Act whose eligibility | ||||||
17 | for such
coverage is based upon the person's status as the | ||||||
18 | recipient of a benefit
under the Illinois Pension Code, which | ||||||
19 | benefit is based in whole or in part
upon service with the Toll | ||||||
20 | Highway Authority, the Authority shall annually
contribute a | ||||||
21 | pro rata share of the State's cost for the benefits of that
| ||||||
22 | person.
| ||||||
23 | (Source: P.A. 94-793, eff. 5-19-06; 95-1000, eff. 10-7-08 .)
| ||||||
24 | Section 20-10. The Department of Transportation Law of the
| ||||||
25 | Civil Administrative Code of Illinois is amended by changing |
| |||||||
| |||||||
1 | Section 2705-255 as follows:
| ||||||
2 | (20 ILCS 2705/2705-255) (was 20 ILCS 2705/49.14)
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3 | Sec. 2705-255. Appropriations from Build Illinois Bond | ||||||
4 | Fund and Build
Illinois Purposes Fund . Any expenditure of | ||||||
5 | funds by the Department
for interchanges, for access roads to | ||||||
6 | and from any State or
local highway in Illinois, or for other | ||||||
7 | transportation capital improvements
related to an economic | ||||||
8 | development project pursuant to appropriations to
the | ||||||
9 | Department from the Build Illinois Bond Fund and the Build | ||||||
10 | Illinois
Purposes Fund shall be used for funding improvements | ||||||
11 | related to existing or
planned scientific, research, | ||||||
12 | manufacturing, or industrial
development or expansion in | ||||||
13 | Illinois. In addition, the Department may use
those funds to | ||||||
14 | encourage and maximize public and private
participation in
| ||||||
15 | those improvements. The Department shall consult with the
| ||||||
16 | Department of
Commerce and Economic Opportunity prior to | ||||||
17 | expending any funds for those purposes
pursuant to | ||||||
18 | appropriations from the Build Illinois Bond Fund and the Build
| ||||||
19 | Illinois Purposes Fund .
| ||||||
20 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
21 | Section 20-15. The Illinois Motor Vehicle Theft Prevention | ||||||
22 | and Insurance Verification Act is amended by changing Section | ||||||
23 | 8.6 as follows:
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| |||||||
1 | (20 ILCS 4005/8.6) | ||||||
2 | Sec. 8.6. State Police Training and Academy Fund; Law | ||||||
3 | Enforcement Training Fund. Before April 1 of each year, each | ||||||
4 | insurer engaged in writing private passenger motor vehicle | ||||||
5 | insurance coverage that is included in Class 2 and Class 3 of | ||||||
6 | Section 4 of the Illinois Insurance Code, as a condition of its | ||||||
7 | authority to transact business in this State, shall collect | ||||||
8 | and remit to the Department of Insurance an amount equal to $4, | ||||||
9 | or a lesser amount determined by the Illinois Law Enforcement | ||||||
10 | Training Standards Board by rule, multiplied by the insurer's | ||||||
11 | total earned car years of private passenger motor vehicle | ||||||
12 | insurance policies providing physical damage insurance | ||||||
13 | coverage written in this State during the preceding calendar | ||||||
14 | year. Of the amounts collected under this Section, the | ||||||
15 | Department of Insurance shall deposit 10% into the State | ||||||
16 | Police Training and Academy Fund and 90% into the Law | ||||||
17 | Enforcement Training Fund.
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18 | (Source: P.A. 102-16, eff. 6-17-21.)
| ||||||
19 | Section 20-20. The State Finance Act is amended by | ||||||
20 | changing Sections 6z-75, 6z-126, 8.20, 8.25, 8.27, 8.33, and | ||||||
21 | 8f and by adding Sections 5.970, 5.971, 5.972, 5.973, 5.974, | ||||||
22 | 5.975, and 5.976 as follows:
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23 | (30 ILCS 105/5.970 new) | ||||||
24 | Sec. 5.970. The Aeronautics Fund.
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| |||||||
1 | (30 ILCS 105/5.971 new) | ||||||
2 | Sec. 5.971. The Emergency Planning and Training Fund.
| ||||||
3 | (30 ILCS 105/5.972 new) | ||||||
4 | Sec. 5.972. The ISAC Accounts Receivable Fund.
| ||||||
5 | (30 ILCS 105/5.973 new) | ||||||
6 | Sec. 5.973. The Motor Fuel and Petroleum Standards Fund.
| ||||||
7 | (30 ILCS 105/5.974 new) | ||||||
8 | Sec. 5.974. The State Small Business Credit Initiative | ||||||
9 | Fund.
| ||||||
10 | (30 ILCS 105/5.975 new) | ||||||
11 | Sec. 5.975. The Public Pension Regulation Fund.
| ||||||
12 | (30 ILCS 105/5.976 new) | ||||||
13 | Sec. 5.976. The Vehicle Inspection Fund.
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14 | (30 ILCS 105/6z-75)
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15 | Sec. 6z-75. The Illinois Power Agency Trust Fund. | ||||||
16 | (a) Creation. The Illinois Power Agency Trust Fund is | ||||||
17 | created as a special fund in the State treasury. The State | ||||||
18 | Treasurer shall be the custodian of the Fund. Amounts in the | ||||||
19 | Fund, both principal and interest not appropriated, shall be |
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1 | invested as provided by law. | ||||||
2 | (b) Funding and investment. | ||||||
3 | (1) The Illinois Power Agency Trust Fund may accept, | ||||||
4 | receive, and administer any grants, loans, or other funds | ||||||
5 | made available to it by any source. Any such funds | ||||||
6 | received by the Fund shall not be considered income, but | ||||||
7 | shall be added to the principal of the Fund. | ||||||
8 | (2) The investments of the Fund shall be managed by | ||||||
9 | the Illinois State Board of Investment, for the purpose of | ||||||
10 | obtaining a total return on investments for the long term, | ||||||
11 | as provided for under Article 22A of the Illinois Pension | ||||||
12 | Code. | ||||||
13 | (c) Investment proceeds. Subject to the provisions of | ||||||
14 | subsection (d) of this Section, the General Assembly may | ||||||
15 | annually appropriate from the Illinois Power Agency Trust Fund | ||||||
16 | to the Illinois Power Agency Operations Fund an amount | ||||||
17 | calculated not to exceed 90% of the prior fiscal year's annual | ||||||
18 | investment income earned by the Fund to the Illinois Power | ||||||
19 | Agency. Any investment income not appropriated by the General | ||||||
20 | Assembly in a given fiscal year shall be added to the principal | ||||||
21 | of the Fund, and thereafter considered a part thereof and not | ||||||
22 | subject to appropriation as income earned by the Fund. | ||||||
23 | (d) Expenditures. | ||||||
24 | (1) During Fiscal Year 2008 and Fiscal Year 2009, the | ||||||
25 | General Assembly shall not appropriate any of the | ||||||
26 | investment income earned by the Illinois Power Agency |
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1 | Trust Fund to the Illinois Power Agency. | ||||||
2 | (2) During Fiscal Year 2010 and Fiscal Year 2011, the | ||||||
3 | General Assembly shall appropriate a portion of the | ||||||
4 | investment income earned by the Illinois Power Agency | ||||||
5 | Trust Fund to repay to the General Revenue Fund of the | ||||||
6 | State of Illinois those amounts, if any, appropriated from | ||||||
7 | the General Revenue Fund for the operation of the Illinois | ||||||
8 | Power Agency during Fiscal Year 2008 and Fiscal Year 2009, | ||||||
9 | so that at the end of Fiscal Year 2011, the entire amount, | ||||||
10 | if any, appropriated from the General Revenue Fund for the | ||||||
11 | operation of the Illinois Power Agency during Fiscal Year | ||||||
12 | 2008 and Fiscal Year 2009 will be repaid in full to the | ||||||
13 | General Revenue Fund. | ||||||
14 | (3) In Fiscal Year 2012 and thereafter, the General | ||||||
15 | Assembly shall consider the need to balance its | ||||||
16 | appropriations from the investment income earned by the | ||||||
17 | Fund with the need to provide for the growth of the | ||||||
18 | principal of the Illinois Power Agency Trust Fund in order | ||||||
19 | to ensure that the Fund is able to produce sufficient | ||||||
20 | investment income to fund the operations of the Illinois | ||||||
21 | Power Agency in future years. | ||||||
22 | (4) If the Illinois Power Agency shall cease | ||||||
23 | operations, then, unless otherwise provided for by law or | ||||||
24 | appropriation, the principal and any investment income | ||||||
25 | earned by the Fund shall be transferred into the | ||||||
26 | Supplemental Low-Income Energy Assistance Program (LIHEAP) |
| |||||||
| |||||||
1 | Fund under Section 13 of the Energy Assistance Act of | ||||||
2 | 1989 . | ||||||
3 | (e) Implementation. The provisions of this Section shall | ||||||
4 | not be operative until the Illinois Power Agency Trust Fund | ||||||
5 | has accumulated a principal balance of $25,000,000.
| ||||||
6 | (Source: P.A. 99-536, eff. 7-8-16.)
| ||||||
7 | (30 ILCS 105/6z-126) | ||||||
8 | Sec. 6z-126. Law Enforcement Training Fund. The Law | ||||||
9 | Enforcement Training Fund is hereby created as a special fund | ||||||
10 | in the State treasury. Moneys in the Fund shall consist of: (i) | ||||||
11 | 90% of the revenue from increasing the insurance producer | ||||||
12 | license fees, as provided under subsection (a-5) of Section | ||||||
13 | 500-135 of the Illinois Insurance Code; and (ii) 90% of the | ||||||
14 | moneys collected from auto insurance policy fees under Section | ||||||
15 | 8.6 of the Illinois Motor Vehicle Theft Prevention and | ||||||
16 | Insurance Verification Act. This Fund shall be used by the | ||||||
17 | Illinois Law Enforcement Training and Standards Board to fund | ||||||
18 | law enforcement certification compliance and the development | ||||||
19 | and provision of basic courses by Board-approved academics, | ||||||
20 | and in-service courses by approved academies.
| ||||||
21 | (Source: P.A. 102-16, eff. 6-17-21.)
| ||||||
22 | (30 ILCS 105/8.20) (from Ch. 127, par. 144.20)
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23 | Sec. 8.20.
Appropriations for the ordinary and contingent | ||||||
24 | expenses of
the Illinois Liquor Control Commission shall be |
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| |||||||
1 | paid from the Dram Shop Fund.
Beginning June 30, 1990 and on | ||||||
2 | June 30 of each subsequent year through June
29, 2003, any | ||||||
3 | balance
over $5,000,000 remaining in the Dram Shop Fund shall | ||||||
4 | be credited to State
liquor licensees and applied against | ||||||
5 | their fees for State liquor licenses
for the following year. | ||||||
6 | The amount credited to each licensee shall be a
proportion of | ||||||
7 | the balance in the Dram Shop Fund that is the same as the
| ||||||
8 | proportion of the license fee paid by the licensee under | ||||||
9 | Section 5-3 of the
Liquor Control Act of 1934, as now or | ||||||
10 | hereafter amended, for the period in
which the balance was | ||||||
11 | accumulated to the aggregate fees paid by all
licensees during | ||||||
12 | that period.
| ||||||
13 | In addition to any other permitted use of moneys in the | ||||||
14 | Fund, and
notwithstanding any restriction on the use of the | ||||||
15 | Fund, moneys in the Dram Shop
Fund may be transferred to the | ||||||
16 | General Revenue Fund as authorized by Public
Act 87-14. The | ||||||
17 | General Assembly finds that an excess of moneys existed in
the | ||||||
18 | Fund on July 30, 1991, and the Governor's order of July 30, | ||||||
19 | 1991,
requesting the Comptroller and Treasurer to transfer an | ||||||
20 | amount from the
Fund to the General Revenue Fund is hereby | ||||||
21 | validated.
| ||||||
22 | (Source: P.A. 93-22, eff. 6-20-03.)
| ||||||
23 | (30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
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24 | Sec. 8.25. Build Illinois Fund; uses.
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25 | (A) All moneys in the Build Illinois Fund shall be |
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1 | transferred,
appropriated, and used only for the purposes | ||||||
2 | authorized by and subject to
the limitations and conditions | ||||||
3 | prescribed by this Section. There are
established the | ||||||
4 | following accounts in the Build Illinois Fund: the
McCormick | ||||||
5 | Place Account, the Build Illinois Bond Account, the Build
| ||||||
6 | Illinois Purposes Account, the
Park and Conservation Fund | ||||||
7 | Account, and the Tourism Advertising and
Promotion Account. | ||||||
8 | Amounts deposited into the Build Illinois Fund consisting
of | ||||||
9 | 1.55% before July 1, 1986, and 1.75% on and after July 1, 1986, | ||||||
10 | of
moneys received by the Department of Revenue under Section | ||||||
11 | 9 of
the Use Tax Act, Section 9 of the Service Use Tax Act, | ||||||
12 | Section 9 of
the Service Occupation Tax Act, and Section 3 of | ||||||
13 | the Retailers' Occupation
Tax Act, and all amounts deposited | ||||||
14 | therein under Section 28 of
the Illinois Horse Racing Act of | ||||||
15 | 1975, Section 4.05 of the Chicago World's
Fair - 1992 | ||||||
16 | Authority Act, and Sections 3 and 6 of the Hotel Operators'
| ||||||
17 | Occupation Tax Act, shall be credited initially to the | ||||||
18 | McCormick Place
Account and all other amounts deposited into | ||||||
19 | the Build Illinois Fund shall be
credited initially to the | ||||||
20 | Build Illinois Bond Account. Of the amounts
initially so | ||||||
21 | credited to the McCormick Place Account in each month, the
| ||||||
22 | amount that is to be transferred in that month to the | ||||||
23 | Metropolitan Fair
and Exposition Authority Improvement Bond | ||||||
24 | Fund, as provided below, shall
remain credited to the | ||||||
25 | McCormick Place Account, and all amounts initially so
credited | ||||||
26 | in that month in excess thereof shall next be credited to the
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| |||||||
1 | Build Illinois Bond Account. Of the amounts credited to the | ||||||
2 | Build Illinois
Bond Account in each month, the amount that is | ||||||
3 | to be transferred in that
month to the Build Illinois Bond | ||||||
4 | Retirement and Interest Fund, as provided
below, shall remain | ||||||
5 | credited to the Build Illinois Bond Account, and all
amounts | ||||||
6 | so credited in each month in excess thereof shall next be | ||||||
7 | credited
monthly to the other accounts in the following order | ||||||
8 | of priority: first, to
the Build Illinois Purposes Account, | ||||||
9 | (a) 1/12, or in the case of fiscal
year 1986, 1/9, of the | ||||||
10 | fiscal year amounts authorized to be transferred to
the Build | ||||||
11 | Illinois Purposes Fund as provided below plus (b) any | ||||||
12 | cumulative
deficiency in those transfers for prior months; | ||||||
13 | second,
1/12 of $10,000,000, plus any cumulative deficiency in | ||||||
14 | those transfers for
prior months, to the Park and Conservation | ||||||
15 | Fund Account;
and third, to the General Revenue Fund in the | ||||||
16 | State Treasury all
amounts
that remain in the Build Illinois | ||||||
17 | Fund on the last day of each
month and are not credited to any | ||||||
18 | account in that Fund.
| ||||||
19 | Transfers from the McCormick Place Account in the Build
| ||||||
20 | Illinois Fund shall be made as follows:
| ||||||
21 | Beginning with fiscal year 1985 and continuing for each | ||||||
22 | fiscal
year thereafter, the Metropolitan Pier and Exposition
| ||||||
23 | Authority shall annually certify to the State Comptroller and | ||||||
24 | State
Treasurer the amount necessary and required during the | ||||||
25 | fiscal year with
respect to which the certification is made to | ||||||
26 | pay the debt service
requirements (including amounts to be |
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| |||||||
1 | paid with respect to arrangements to
provide additional | ||||||
2 | security or liquidity) on all outstanding bonds and
notes, | ||||||
3 | including refunding bonds (herein collectively referred to as | ||||||
4 | bonds)
of issues in the aggregate amount (excluding the amount | ||||||
5 | of any refunding
bonds issued by that Authority after January | ||||||
6 | 1, 1986) of not more than
$312,500,000 issued after July 1, | ||||||
7 | 1984, by that Authority for the purposes
specified in Sections | ||||||
8 | 10.1 and 13.1 of the Metropolitan Pier and Exposition
| ||||||
9 | Authority Act. In each month of the fiscal year in which there | ||||||
10 | are bonds
outstanding with respect to which the annual | ||||||
11 | certification is made, the
Comptroller shall order transferred | ||||||
12 | and the Treasurer shall transfer from
the McCormick Place | ||||||
13 | Account in the Build Illinois Fund to the Metropolitan
Fair | ||||||
14 | and Exposition Authority Improvement Bond Fund an amount equal | ||||||
15 | to 150%
of the certified amount for that fiscal year divided by | ||||||
16 | the number of
months during that fiscal year in which bonds of | ||||||
17 | the Authority are
outstanding, plus any cumulative deficiency | ||||||
18 | in those transfers for prior
months; provided, that the | ||||||
19 | maximum amount that may be so transferred in
fiscal year 1985 | ||||||
20 | shall not exceed $15,000,000 or a lesser sum as is
actually | ||||||
21 | necessary and required to pay the debt service requirements | ||||||
22 | for
that fiscal year after giving effect to net operating | ||||||
23 | revenues of that
Authority available for that purpose as | ||||||
24 | certified by that Authority, and
provided further that the | ||||||
25 | maximum amount that may be so transferred in
fiscal year 1986 | ||||||
26 | shall not exceed $30,000,000 and in each fiscal year
|
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| |||||||
1 | thereafter shall not exceed $33,500,000 in any fiscal year or | ||||||
2 | a
lesser sum as is actually necessary and required to pay the | ||||||
3 | debt service
requirements for that fiscal year after giving | ||||||
4 | effect to net operating
revenues of that Authority available | ||||||
5 | for that purpose as certified by
that Authority.
| ||||||
6 | When an amount equal to 100% of the aggregate amount of | ||||||
7 | principal and
interest in each fiscal year with respect to | ||||||
8 | bonds issued after
July 1, 1984, that by their terms are | ||||||
9 | payable from the Metropolitan Fair
and Exposition Authority | ||||||
10 | Improvement Bond Fund, including under sinking
fund | ||||||
11 | requirements, has been so paid and deficiencies in reserves | ||||||
12 | established
from bond proceeds shall have been remedied, and | ||||||
13 | at the time that those amounts
have been transferred to the | ||||||
14 | Authority as provided in Section 13.1 of
the Metropolitan Pier | ||||||
15 | and Exposition Authority Act, the remaining moneys,
if any, | ||||||
16 | deposited and to be deposited during each fiscal year to the
| ||||||
17 | Metropolitan Fair and Exposition Authority Improvement Bond | ||||||
18 | Fund shall be
transferred to the Metropolitan Fair and | ||||||
19 | Exposition Authority Completion
Note Subordinate Fund.
| ||||||
20 | Transfers from the Build Illinois Bond Account in the | ||||||
21 | Build Illinois
Fund shall be made as follows:
| ||||||
22 | Beginning with fiscal year 1986 and continuing for each | ||||||
23 | fiscal year
thereafter so long as limited obligation bonds of | ||||||
24 | the State issued under
the Build Illinois Bond Act remain | ||||||
25 | outstanding, the Comptroller shall
order transferred and the | ||||||
26 | Treasurer shall transfer in each month,
commencing in October, |
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| ||||||||||||||||||||||||||||||||||||||
1 | 1985, on the last day of that month, from the Build
Illinois | |||||||||||||||||||||||||||||||||||||
2 | Bond Account to the Build Illinois Bond Retirement and | |||||||||||||||||||||||||||||||||||||
3 | Interest
Fund in the State Treasury the amount required to be | |||||||||||||||||||||||||||||||||||||
4 | so transferred in that
month under Section 13 of the Build | |||||||||||||||||||||||||||||||||||||
5 | Illinois Bond Act.
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6 | Transfers from the remaining accounts in the Build | |||||||||||||||||||||||||||||||||||||
7 | Illinois Fund shall
be made in the following amounts and in the | |||||||||||||||||||||||||||||||||||||
8 | following order of priority:
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9 | Beginning with fiscal year 1986 and continuing each fiscal | |||||||||||||||||||||||||||||||||||||
10 | year
thereafter, as soon as practicable after the first day of | |||||||||||||||||||||||||||||||||||||
11 | each month,
commencing in October, 1985, the Comptroller shall | |||||||||||||||||||||||||||||||||||||
12 | order transferred and
the Treasurer shall transfer from the | |||||||||||||||||||||||||||||||||||||
13 | Build Illinois Purposes Account in
the Build Illinois Fund to | |||||||||||||||||||||||||||||||||||||
14 | the Build Illinois Purposes Fund 1/12th (or in
the case of | |||||||||||||||||||||||||||||||||||||
15 | fiscal year 1986 1/9) of the amounts specified below for the
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16 | following fiscal years:
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26 | plus any cumulative deficiency in those transfers for prior |
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| |||||||
1 | months.
| ||||||
2 | As soon as may be practicable after the first day of each | ||||||
3 | month
beginning after July 1, 1984, the Comptroller shall | ||||||
4 | order transferred and
the Treasurer shall transfer from the | ||||||
5 | Park and Conservation Fund Account in
the Build Illinois Fund | ||||||
6 | to the Park and Conservation Fund 1/12 of
$10,000,000, plus | ||||||
7 | any cumulative deficiency in those transfers for
prior months, | ||||||
8 | for conservation and park purposes as enumerated in Section
| ||||||
9 | 805-420 of the Department of Natural Resources (Conservation)
| ||||||
10 | Law (20 ILCS 805/805-420), and to
pay
the debt
service | ||||||
11 | requirements on all outstanding bonds of an issue in the | ||||||
12 | aggregate
amount of not more than $40,000,000 issued after | ||||||
13 | January 1, 1985, by the
State of Illinois for the purposes | ||||||
14 | specified in Section 3(c) of the Capital
Development Bond Act | ||||||
15 | of 1972, or for the same purposes as specified in any
other | ||||||
16 | State general obligation bond Act enacted after November 1, | ||||||
17 | 1984.
Transfers from the Park and Conservation Fund to the | ||||||
18 | Capital Development
Bond Retirement and Interest Fund to pay | ||||||
19 | those debt service requirements
shall be made in accordance | ||||||
20 | with Section 8.25b of this Act.
| ||||||
21 | All funds remaining in the Build Illinois Fund on the last | ||||||
22 | day of any month
and not credited to any account in that Fund | ||||||
23 | shall be transferred by the
State Treasurer to the General | ||||||
24 | Revenue Fund.
| ||||||
25 | (B) For the purpose of this Section, "cumulative | ||||||
26 | deficiency" shall
include all deficiencies in those transfers |
| |||||||
| |||||||
1 | that have occurred since July
1, 1984, as specified in | ||||||
2 | subsection (A) of this Section.
| ||||||
3 | (C) In addition to any other permitted use of moneys in the | ||||||
4 | Fund, and
notwithstanding any restriction on the use of the | ||||||
5 | Fund, moneys in the
Park and Conservation Fund may be | ||||||
6 | transferred to the General Revenue Fund
as authorized by | ||||||
7 | Public Act 87-14. The General Assembly finds that an
excess of | ||||||
8 | moneys existed in the Fund on July 30, 1991, and the Governor's
| ||||||
9 | order of July 30, 1991, requesting the Comptroller and | ||||||
10 | Treasurer to
transfer an amount from the Fund to the General | ||||||
11 | Revenue Fund is hereby
validated.
| ||||||
12 | (D) (Blank).
| ||||||
13 | (Source: P.A. 90-26, eff. 7-1-97; 90-372, eff. 7-1-98; 90-655, | ||||||
14 | eff.
7-30-98; 91-239, eff. 1-1-00.)
| ||||||
15 | (30 ILCS 105/8.27) (from Ch. 127, par. 144.27)
| ||||||
16 | Sec. 8.27. All receipts from federal financial | ||||||
17 | participation in the
Foster Care and Adoption Services program | ||||||
18 | under Title IV-E of the federal
Social Security Act, including | ||||||
19 | receipts
for related indirect costs,
shall be deposited in the | ||||||
20 | DCFS Children's Services Fund.
| ||||||
21 | Beginning on July 20, 2010 ( the effective date of Public | ||||||
22 | Act 96-1127) this amendatory Act of the 96th General Assembly , | ||||||
23 | any funds paid to the State by the federal government under | ||||||
24 | Title XIX and Title XXI of the Social Security Act for child | ||||||
25 | welfare services delivered by community mental health |
| |||||||
| |||||||
1 | providers, certified and paid as Medicaid providers by the | ||||||
2 | Department of Children and Family Services, for child welfare | ||||||
3 | services relating to Medicaid-eligible clients and families | ||||||
4 | served consistent with the purposes of the Department of
| ||||||
5 | Children and Family Services, including services delivered as | ||||||
6 | a result of the conversion of such providers from a | ||||||
7 | comprehensive rate to a fee-for-service payment methodology, | ||||||
8 | and any subsequent revenue maximization initiatives performed | ||||||
9 | by such providers, and any interest earned thereon, shall be | ||||||
10 | deposited directly into the DCFS Children's Services Fund. | ||||||
11 | Such funds shall be used for the provision of child welfare | ||||||
12 | services provided to eligible individuals identified by the | ||||||
13 | Department of Children and Family Services. Child welfare | ||||||
14 | services are defined in Section 5 of the Children and Family | ||||||
15 | Services Act (20 ILCS 505/5) . | ||||||
16 | Eighty percent of the federal funds received by the | ||||||
17 | Illinois Department
of Human Services under the Title IV-A | ||||||
18 | Emergency Assistance program as
reimbursement for expenditures | ||||||
19 | made from the Illinois Department of Children
and Family | ||||||
20 | Services appropriations for the costs of services in behalf of
| ||||||
21 | Department of Children and Family Services clients shall be | ||||||
22 | deposited into
the DCFS Children's Services Fund.
| ||||||
23 | All receipts from federal financial participation in the | ||||||
24 | Child Welfare
Services program under Title IV-B of the federal | ||||||
25 | Social Security Act,
including receipts for related indirect | ||||||
26 | costs, shall be deposited into the
DCFS Children's Services |
| |||||||
| |||||||
1 | Fund for those moneys received as reimbursement for
services | ||||||
2 | provided on or after July 1, 1994.
| ||||||
3 | In addition, as soon as may be practicable after the first | ||||||
4 | day of November,
1994, the Department of Children and Family | ||||||
5 | Services shall request the
Comptroller to order transferred | ||||||
6 | and the Treasurer shall transfer the
unexpended balance of the | ||||||
7 | Child Welfare Services Fund to the DCFS Children's
Services | ||||||
8 | Fund. Upon completion of the transfer, the Child Welfare | ||||||
9 | Services
Fund will be considered dissolved and any outstanding | ||||||
10 | obligations or
liabilities of that fund will pass to the DCFS | ||||||
11 | Children's Services Fund.
| ||||||
12 | For services provided on or after July 1, 2007, all | ||||||
13 | federal funds received pursuant to the John H. Chafee Foster | ||||||
14 | Care Independence Program shall be deposited into the DCFS | ||||||
15 | Children's Services Fund. | ||||||
16 | Except as otherwise provided in this Section, moneys in | ||||||
17 | the Fund may be used by the Department, pursuant to
| ||||||
18 | appropriation by the General Assembly, for the ordinary and | ||||||
19 | contingent
expenses of the Department.
| ||||||
20 | In fiscal year 1988 and in each fiscal year thereafter | ||||||
21 | through fiscal
year 2000, the Comptroller
shall order | ||||||
22 | transferred and the Treasurer shall transfer an amount of
| ||||||
23 | $16,100,000 from the DCFS Children's Services Fund to the | ||||||
24 | General Revenue
Fund in the following manner: As soon as may be | ||||||
25 | practicable after the 15th
day of September, December, March | ||||||
26 | and June, the Comptroller shall order
transferred and the |
| |||||||
| |||||||
1 | Treasurer shall transfer, to the extent that funds are
| ||||||
2 | available, 1/4 of $16,100,000, plus any cumulative | ||||||
3 | deficiencies in such
transfers for prior transfer dates during | ||||||
4 | such fiscal year. In no event
shall any such transfer reduce | ||||||
5 | the available balance in the DCFS Children's
Services Fund | ||||||
6 | below $350,000.
| ||||||
7 | In accordance with subsection (q) of Section 5 of the | ||||||
8 | Children and Family
Services Act, disbursements from | ||||||
9 | individual children's accounts shall be
deposited into the | ||||||
10 | DCFS Children's Services Fund.
| ||||||
11 | Receipts from public and unsolicited private grants, fees | ||||||
12 | for training, and royalties earned from the publication of | ||||||
13 | materials owned by or licensed to the Department of Children | ||||||
14 | and Family Services shall be deposited into the DCFS | ||||||
15 | Children's Services Fund. | ||||||
16 | As soon as may be practical after September 1, 2005, upon | ||||||
17 | the request of the Department of Children and Family Services, | ||||||
18 | the Comptroller shall order transferred and the Treasurer | ||||||
19 | shall transfer the unexpended balance of the Department of | ||||||
20 | Children and Family Services Training Fund into the DCFS | ||||||
21 | Children's Services Fund. Upon completion of the transfer, the | ||||||
22 | Department of Children and Family Services Training Fund is | ||||||
23 | dissolved and any outstanding obligations or liabilities of | ||||||
24 | that Fund pass to the DCFS Children's Services Fund.
| ||||||
25 | (Source: P.A. 95-707, eff. 1-11-08; 96-1127, eff. 7-20-10.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/8.33) (from Ch. 127, par. 144.33)
| ||||||
2 | Sec. 8.33. Expenses incident to leasing or use of State | ||||||
3 | facilities.
(a) All expenses incident to the leasing or use of
| ||||||
4 | the State facilities listed in Section 405-315 of the
| ||||||
5 | Department
of Central Management Services Law (20 ILCS | ||||||
6 | 405/405-315) for lease or use terms not exceeding
30 days in | ||||||
7 | length shall be payable from the Facilities Management Special | ||||||
8 | Events Revolving Fund. Such expenses Expenses incident to the | ||||||
9 | lease or use of the State facilities listed in
Section 405-315 | ||||||
10 | of the Department of Central Management
Services
Law (20 ILCS | ||||||
11 | 405/405-315) shall
include expenditures for additional | ||||||
12 | commodities, equipment, furniture,
improvements, personal | ||||||
13 | services or other expenses required by the
Department of | ||||||
14 | Central Management Services to make such facilities available
| ||||||
15 | to the public and State employees.
| ||||||
16 | (b) The Special Events Revolving Fund shall cease to exist | ||||||
17 | on October 1, 2005. Any balance in the Fund as of that date | ||||||
18 | shall be transferred to the Facilities Management Revolving | ||||||
19 | Fund. Any moneys that otherwise would be paid into the Fund on | ||||||
20 | or after that date shall be deposited into the Facilities | ||||||
21 | Management Revolving Fund. Any disbursements on or after that | ||||||
22 | date that otherwise would be made from the Fund shall be made | ||||||
23 | from the Facilities Management Revolving Fund.
| ||||||
24 | (Source: P.A. 94-91, eff. 7-1-05.)
| ||||||
25 | (30 ILCS 105/8f)
|
| |||||||
| |||||||
1 | Sec. 8f. Public Pension Regulation Fund. The Public | ||||||
2 | Pension Regulation
Fund is created as a special fund in the | ||||||
3 | State Treasury. Except as otherwise provided in the
Illinois | ||||||
4 | Pension Code, all money received by the Department of | ||||||
5 | Financial and Professional Regulation, as successor to the | ||||||
6 | Illinois Department of
Insurance , under the Illinois Pension | ||||||
7 | Code shall be paid into the Fund. The
State Treasurer promptly | ||||||
8 | shall invest the money in the Fund, and all earnings
that | ||||||
9 | accrue on the money in the Fund shall be credited to the Fund. | ||||||
10 | No money
may be transferred from this Fund to any other fund. | ||||||
11 | The General Assembly may
make appropriations from this Fund | ||||||
12 | for the ordinary and contingent expenses of
the Public Pension | ||||||
13 | Division of the Illinois Department of Insurance.
| ||||||
14 | (Source: P.A. 94-91, eff. 7-1-05; 95-950, eff. 8-29-08.)
| ||||||
15 | Section 20-25. The Build Illinois Bond Act is amended by | ||||||
16 | changing Section 2 as follows:
| ||||||
17 | (30 ILCS 425/2) (from Ch. 127, par. 2802)
| ||||||
18 | Sec. 2. Authorization for Bonds. The State of Illinois is
| ||||||
19 | authorized to issue, sell and provide for the retirement of | ||||||
20 | limited
obligation bonds, notes and other evidences of | ||||||
21 | indebtedness of the State of
Illinois in the total principal | ||||||
22 | amount of $9,484,681,100
herein called "Bonds". Such | ||||||
23 | authorized amount of Bonds shall
be reduced from time to time | ||||||
24 | by amounts, if any, which are equal to the
moneys received by |
| |||||||
| |||||||
1 | the Department of Revenue in any fiscal year pursuant to
| ||||||
2 | Section 3-1001 of the "Illinois Vehicle Code", as amended, in | ||||||
3 | excess of the
Annual Specified Amount (as defined in Section 3 | ||||||
4 | of the "Retailers'
Occupation Tax Act", as amended) and | ||||||
5 | transferred at the end of such fiscal
year from the General | ||||||
6 | Revenue Fund to the Build Illinois Purposes Fund (now | ||||||
7 | abolished) as
provided in Section 3-1001 of said Code; | ||||||
8 | provided, however, that no such
reduction shall affect the | ||||||
9 | validity or enforceability of any Bonds issued
prior to such | ||||||
10 | reduction. Such amount of authorized Bonds
shall be exclusive | ||||||
11 | of any refunding Bonds issued pursuant to Section 15 of
this | ||||||
12 | Act and exclusive of any Bonds issued pursuant to this Section | ||||||
13 | which
are redeemed, purchased, advance refunded, or defeased | ||||||
14 | in accordance with
paragraph (f) of Section 4 of this Act. | ||||||
15 | Bonds shall be issued for the
categories and specific purposes | ||||||
16 | expressed in Section 4 of this Act.
| ||||||
17 | (Source: P.A. 101-30, eff. 6-28-19.)
| ||||||
18 | Section 20-30. The Build Illinois Act is amended by | ||||||
19 | changing Sections 9-4.2, 9-5.2, and 23-1 as follows:
| ||||||
20 | (30 ILCS 750/9-4.2) (from Ch. 127, par. 2709-4.2)
| ||||||
21 | Sec. 9-4.2. Illinois Capital Revolving Loan Fund.
| ||||||
22 | (a) There is hereby created the Illinois Capital
Revolving | ||||||
23 | Loan Fund, hereafter referred to in this Article as the
| ||||||
24 | "Capital Fund" to be held as a separate fund within the State
|
| |||||||
| |||||||
1 | Treasury.
| ||||||
2 | The purpose of the Capital Fund is to finance intermediary | ||||||
3 | agreements,
administration, technical assistance agreements,
| ||||||
4 | loans, grants, or investments in Illinois. In addition, funds | ||||||
5 | may be
used
for a one time transfer in fiscal year 1994, not to | ||||||
6 | exceed the amounts
appropriated, to the Public Infrastructure | ||||||
7 | Construction Loan Revolving Fund for
grants and loans pursuant | ||||||
8 | to the Public Infrastructure Loan and Grant Program
Act. | ||||||
9 | Investments, administration,
grants, and financial aid shall | ||||||
10 | be used for the purposes set for in this
Article. Loan | ||||||
11 | financing will be in the
form of
loan agreements pursuant to | ||||||
12 | the terms and conditions set
forth in this Article. All loans | ||||||
13 | shall be conditioned on the
project receiving financing from | ||||||
14 | participating lenders or other investors.
Loan
proceeds shall | ||||||
15 | be available for project costs, except for
debt refinancing.
| ||||||
16 | (b) There shall be deposited in the Capital Fund
such | ||||||
17 | amounts, including but not limited to:
| ||||||
18 | (i) All receipts, including dividends, principal and | ||||||
19 | interest
payments and royalties, from any applicable loan, | ||||||
20 | intermediary, or technical
assistance agreement
made from | ||||||
21 | the Capital Fund or from direct appropriations from the | ||||||
22 | Build
Illinois Bond Fund or the Build Illinois Purposes | ||||||
23 | Fund (now abolished) or the General Revenue Fund by
the | ||||||
24 | General Assembly entered into by the Department;
| ||||||
25 | (ii) All proceeds of assets of whatever nature
| ||||||
26 | received by the Department as a result of default or |
| |||||||
| |||||||
1 | delinquency
with respect to loan agreements made from the | ||||||
2 | Capital
Fund or from direct appropriations by the General | ||||||
3 | Assembly,
including proceeds from the sale, disposal, | ||||||
4 | lease or rental
of real or personal property which the | ||||||
5 | Department may receive
as a result thereof;
| ||||||
6 | (iii) Any appropriations, grants or gifts made to
the | ||||||
7 | Capital Fund;
| ||||||
8 | (iv) Any income received from interest on investments
| ||||||
9 | of moneys in the Capital Fund;
| ||||||
10 | (v) All moneys resulting from the collection of | ||||||
11 | premiums, fees, charges,
costs, and expenses in connection | ||||||
12 | with the Capital Fund as described in subsection (e) of | ||||||
13 | Section 9-3.
| ||||||
14 | (c) The Treasurer may invest moneys in the Capital
Fund in | ||||||
15 | securities constituting obligations of the United
States | ||||||
16 | Government, or in obligations the principal of and
interest on | ||||||
17 | which are guaranteed by the United States Government,
in | ||||||
18 | obligations the principal of and interest on which
are | ||||||
19 | guaranteed by the United States Government, or in certificates
| ||||||
20 | of deposit of any State or national bank which are
fully | ||||||
21 | secured by obligations guaranteed as to principal and
interest | ||||||
22 | by the United States Government.
| ||||||
23 | (Source: P.A. 100-377, eff. 8-25-17.)
| ||||||
24 | (30 ILCS 750/9-5.2) (from Ch. 127, par. 2709-5.2)
| ||||||
25 | Sec. 9-5.2. Illinois Equity
Fund. |
| |||||||
| |||||||
1 | (a) There is created the Illinois Equity
Fund, to be held | ||||||
2 | as a separate fund within the State Treasury.
The purpose of | ||||||
3 | the Illinois Equity Fund is to make equity investments in
| ||||||
4 | Illinois. All financing will be done in conjunction with
| ||||||
5 | participating lenders or other investors. Investment proceeds
| ||||||
6 | may be directed to working capital expenses associated with
| ||||||
7 | the introduction of new technical products or services of | ||||||
8 | individual business
projects or may be used for equity finance | ||||||
9 | pools operated by intermediaries.
| ||||||
10 | (b) There shall be deposited in the Illinois Equity Fund
| ||||||
11 | such amounts, including but not limited to:
| ||||||
12 | (i) All receipts including dividends, principal and | ||||||
13 | interest
payments, royalties, or other return on | ||||||
14 | investment from any
applicable loan made from the Illinois | ||||||
15 | Equity Fund, from direct
appropriations by the General | ||||||
16 | Assembly from the Build Illinois
Fund or the Build | ||||||
17 | Illinois Purposes Fund (now abolished), or from | ||||||
18 | intermediary agreements
made from
the Illinois Equity Fund | ||||||
19 | entered into by the
Department;
| ||||||
20 | (ii) All proceeds of assets of whatever nature
| ||||||
21 | received by the Department as a result of default or | ||||||
22 | delinquency
with respect to loan agreements made from the | ||||||
23 | Illinois Equity
Fund, or from direct appropriations by the | ||||||
24 | General Assembly
including proceeds from the sale, | ||||||
25 | disposal, lease or rental
of real or personal property | ||||||
26 | which the Department may receive
as a result thereof;
|
| |||||||
| |||||||
1 | (iii) any appropriations, grants or gifts made to
the | ||||||
2 | Illinois Equity Fund;
| ||||||
3 | (iv) any income received from interest on investments
| ||||||
4 | of moneys in the Illinois Equity Fund.
| ||||||
5 | (c) The Treasurer may invest moneys in the Illinois Equity
| ||||||
6 | Fund in securities constituting direct obligations of the
| ||||||
7 | United States Government, or in obligations the principal of
| ||||||
8 | and interest on which are guaranteed by the United States
| ||||||
9 | Government, or in certificates of deposit of any State or
| ||||||
10 | national bank which are fully secured by obligations | ||||||
11 | guaranteed
as to principal and interest by the United States | ||||||
12 | Government.
| ||||||
13 | (Source: P.A. 99-933, eff. 1-27-17.)
| ||||||
14 | (30 ILCS 750/23-1) (from Ch. 127, par. 2723-1)
| ||||||
15 | Sec. 23-1.
Wages of laborers, mechanics and other workers | ||||||
16 | employed on
all "public works" projects undertaken pursuant to | ||||||
17 | contracts financed with
appropriations from the Build Illinois | ||||||
18 | Bond Fund or the Build Illinois
Purposes Fund shall be subject | ||||||
19 | to the provisions of
the Prevailing Wage Act.
| ||||||
20 | (Source: P.A. 86-1475.)
| ||||||
21 | Section 20-35. The Police and Community Relations | ||||||
22 | Improvement Act is amended by changing Section 1-10 as | ||||||
23 | follows:
|
| |||||||
| |||||||
1 | (50 ILCS 727/1-10)
| ||||||
2 | Sec. 1-10. Investigation of officer-involved deaths; | ||||||
3 | requirements.
| ||||||
4 | (a) Each law enforcement agency shall have a written | ||||||
5 | policy regarding the investigation of officer-involved deaths | ||||||
6 | that involve a law enforcement officer employed by that law | ||||||
7 | enforcement agency. | ||||||
8 | (b) Each officer-involved death investigation shall be | ||||||
9 | conducted by at least 2 investigators, or an entity or agency | ||||||
10 | comprised of at least 2 investigators, one of whom is the lead | ||||||
11 | investigator. The lead investigator shall be a person | ||||||
12 | certified by the Illinois Law Enforcement Training Standards | ||||||
13 | Board as a Lead Homicide Investigator, or similar training | ||||||
14 | approved by the Illinois Law Enforcement Training Standards | ||||||
15 | Board or the Illinois State Police, or similar training | ||||||
16 | provided at an Illinois Law Enforcement Training Standards | ||||||
17 | Board certified school. No
investigator involved in the | ||||||
18 | investigation may be employed by the law enforcement agency | ||||||
19 | that employs the officer involved in the officer-involved | ||||||
20 | death, unless the investigator is employed by the Illinois | ||||||
21 | State Police and is not assigned to the same division or unit | ||||||
22 | as the officer involved in the death. | ||||||
23 | (c) In addition to the requirements of subsection (b) of | ||||||
24 | this Section, if the officer-involved death being investigated | ||||||
25 | involves a motor vehicle accident, at least one investigator | ||||||
26 | shall be certified by the Illinois Law Enforcement Training |
| |||||||
| |||||||
1 | Standards Board as a Crash Reconstruction Specialist, or | ||||||
2 | similar training approved by the Illinois Law Enforcement | ||||||
3 | Training Standards Board or the Illinois State Police, or | ||||||
4 | similar training provided at an Illinois Law Enforcement | ||||||
5 | Training Standards Board certified school. Notwithstanding the | ||||||
6 | requirements of subsection (b) of this Section, the policy for | ||||||
7 | a law enforcement agency, when the officer-involved death | ||||||
8 | being investigated involves a motor vehicle collision, may | ||||||
9 | allow the use of an investigator who is employed by that law | ||||||
10 | enforcement agency and who is certified by the Illinois Law | ||||||
11 | Enforcement Training Standards Board as a Crash Reconstruction | ||||||
12 | Specialist, or similar training approved by the Illinois Law | ||||||
13 | Enforcement Training and Standards Board, or similar certified | ||||||
14 | training approved by the Illinois State Police, or similar | ||||||
15 | training provided at an Illinois Law Enforcement Training and | ||||||
16 | Standards Board certified school. | ||||||
17 | (d) The investigators conducting the investigation shall, | ||||||
18 | in an expeditious manner, provide a complete report to the | ||||||
19 | State's Attorney of the county in which the officer-involved | ||||||
20 | death occurred. | ||||||
21 | (e) If the State's Attorney, or a designated special | ||||||
22 | prosecutor, determines there is no basis to prosecute the law | ||||||
23 | enforcement officer involved in the officer-involved death, or | ||||||
24 | if the law enforcement officer is not otherwise charged or | ||||||
25 | indicted, the investigators shall publicly release a report.
| ||||||
26 | (Source: P.A. 102-538, eff. 8-20-21.)
|
| |||||||
| |||||||
1 | Section 20-40. The Fair and Exposition Authority | ||||||
2 | Reconstruction Act is amended by changing Section 8 as | ||||||
3 | follows:
| ||||||
4 | (70 ILCS 215/8) (from Ch. 85, par. 1250.8)
| ||||||
5 | Sec. 8. Appropriations may be made
from time to time by the | ||||||
6 | General Assembly to the Metropolitan Pier and
Exposition | ||||||
7 | Authority for the payment of principal and interest of bonds | ||||||
8 | of
the Authority issued under the provisions of this Act and | ||||||
9 | for any other
lawful purpose of the Authority. Any and all of | ||||||
10 | the funds so received shall
be kept separate and apart from any | ||||||
11 | and all other funds of the Authority.
After there has been paid | ||||||
12 | into the Metropolitan Fair and Exposition
Authority | ||||||
13 | Reconstruction Fund in the State Treasury sufficient money,
| ||||||
14 | pursuant to this Section and Sections 2 and 29 of the Cigarette | ||||||
15 | Tax Act, to
retire all bonds payable from that Fund, the taxes | ||||||
16 | derived from Section 28
of the Illinois Horse Racing Act of | ||||||
17 | 1975 which were required to be paid
into that Fund pursuant to | ||||||
18 | that Act shall thereafter be paid into the
General Revenue | ||||||
19 | Fund in the
State Treasury.
| ||||||
20 | (Source: P.A. 102-16, eff. 6-17-21.)
| ||||||
21 | Section 20-45. The Higher Education Student Assistance Act | ||||||
22 | is amended by changing Section 52 as follows:
|
| |||||||
| |||||||
1 | (110 ILCS 947/52)
| ||||||
2 | Sec. 52. Golden Apple Scholars of Illinois Program; Golden | ||||||
3 | Apple Foundation for Excellence in Teaching.
| ||||||
4 | (a) In this Section, "Foundation" means the Golden Apple | ||||||
5 | Foundation for Excellence in Teaching, a registered 501(c)(3) | ||||||
6 | not-for-profit corporation. | ||||||
7 | (a-2) In order to encourage academically talented Illinois | ||||||
8 | students,
especially minority students, to pursue teaching | ||||||
9 | careers, especially in
teacher shortage
disciplines
(which | ||||||
10 | shall be defined to include early childhood education) or at
| ||||||
11 | hard-to-staff schools (as defined by the Commission in | ||||||
12 | consultation with the
State Board of Education), to provide | ||||||
13 | those students with the crucial mentoring, guidance, and | ||||||
14 | in-service support that will significantly increase the | ||||||
15 | likelihood that they will complete their full teaching | ||||||
16 | commitments and elect to continue teaching in targeted | ||||||
17 | disciplines and hard-to-staff schools, and to ensure that | ||||||
18 | students in this State will continue to have access to a pool | ||||||
19 | of highly-qualified teachers, each qualified student shall be | ||||||
20 | awarded a Golden Apple Scholars of Illinois Program | ||||||
21 | scholarship to any Illinois institution of higher learning. | ||||||
22 | The Commission shall administer the Golden Apple Scholars of | ||||||
23 | Illinois Program, which shall be managed by the Foundation | ||||||
24 | pursuant to the terms of a grant agreement meeting the | ||||||
25 | requirements of Section 4 of the Illinois Grant Funds Recovery | ||||||
26 | Act. |
| |||||||
| |||||||
1 | (a-3) For purposes of this Section, a qualified student | ||||||
2 | shall be a student who meets the following qualifications: | ||||||
3 | (1) is a resident of this State and a citizen or | ||||||
4 | eligible noncitizen of the United States; | ||||||
5 | (2) is a high school graduate or a person who has | ||||||
6 | received a high school equivalency certificate; | ||||||
7 | (3) is enrolled or accepted, on at least a half-time | ||||||
8 | basis, at an institution of higher learning; | ||||||
9 | (4) is pursuing a postsecondary course of study | ||||||
10 | leading to initial certification or pursuing additional | ||||||
11 | course work needed to gain State Board of Education | ||||||
12 | approval to teach, including alternative teacher | ||||||
13 | licensure; and | ||||||
14 | (5) is a participant in programs managed by and is | ||||||
15 | approved to receive a scholarship from the Foundation. | ||||||
16 | (a-5) (Blank).
| ||||||
17 | (b) (Blank).
| ||||||
18 | (b-5) Funds designated for the Golden Apple Scholars of | ||||||
19 | Illinois Program shall be used by the Commission for the | ||||||
20 | payment of scholarship assistance under this Section or for | ||||||
21 | the award of grant funds, subject to the Illinois Grant Funds | ||||||
22 | Recovery Act, to the Foundation. Subject to appropriation, | ||||||
23 | awards of grant funds to the Foundation shall be made on an | ||||||
24 | annual basis and following an application for grant funds by | ||||||
25 | the Foundation. | ||||||
26 | (b-10) Each year, the Foundation shall include in its |
| |||||||
| |||||||
1 | application to the Commission for grant funds an estimate of | ||||||
2 | the amount of scholarship assistance to be provided to | ||||||
3 | qualified students during the grant period. Any amount of | ||||||
4 | appropriated funds exceeding the estimated amount of | ||||||
5 | scholarship assistance may be awarded by the Commission to the | ||||||
6 | Foundation for management expenses expected to be incurred by | ||||||
7 | the Foundation in providing the mentoring, guidance, and | ||||||
8 | in-service supports that will increase the likelihood that | ||||||
9 | qualified students will complete their teaching commitments | ||||||
10 | and elect to continue teaching in hard-to-staff schools. If | ||||||
11 | the estimate of the amount of scholarship assistance described | ||||||
12 | in the Foundation's application is less than the actual amount | ||||||
13 | required for the award of scholarship assistance to qualified | ||||||
14 | students, the Foundation shall be responsible for using | ||||||
15 | awarded grant funds to ensure all qualified students receive | ||||||
16 | scholarship assistance under this Section. | ||||||
17 | (b-15) All grant funds not expended or legally obligated | ||||||
18 | within the time specified in a grant agreement between the | ||||||
19 | Foundation and the Commission shall be returned to the | ||||||
20 | Commission within 45 days. Any funds legally obligated by the | ||||||
21 | end of a grant agreement shall be liquidated within 45 days or | ||||||
22 | otherwise returned to the Commission within 90 days after the | ||||||
23 | end of the grant agreement that resulted in the award of grant | ||||||
24 | funds. | ||||||
25 | (c) Each scholarship awarded under this Section shall be | ||||||
26 | in an amount
sufficient to pay the tuition and fees and room |
| |||||||
| |||||||
1 | and board costs of the Illinois
institution of higher learning | ||||||
2 | at which the recipient is enrolled, up to
an annual maximum of | ||||||
3 | $5,000; except that in the case of a
recipient who
does not
| ||||||
4 | reside
on-campus at the institution of higher learning at | ||||||
5 | which he or she is enrolled,
the amount of the scholarship | ||||||
6 | shall be sufficient to pay tuition and fee
expenses and a | ||||||
7 | commuter allowance, up to an annual maximum of $5,000. All | ||||||
8 | scholarship funds distributed in accordance with this Section | ||||||
9 | shall be paid to the institution on behalf of recipients.
| ||||||
10 | (d) The total amount of scholarship assistance awarded by | ||||||
11 | the Commission
under this Section to an individual in any | ||||||
12 | given fiscal year, when added to
other financial assistance | ||||||
13 | awarded to that individual for that year, shall not
exceed the | ||||||
14 | cost of attendance at the institution of higher learning at | ||||||
15 | which
the student is enrolled. In any academic year for which a | ||||||
16 | qualified student under this Section accepts financial | ||||||
17 | assistance through any other teacher scholarship program | ||||||
18 | administered by the Commission, a qualified student shall not | ||||||
19 | be eligible for scholarship assistance awarded under this | ||||||
20 | Section.
| ||||||
21 | (e) A recipient may receive up to 8 semesters or 12
| ||||||
22 | quarters of scholarship
assistance under this Section. | ||||||
23 | Scholarship funds are applicable toward 2 semesters or 3 | ||||||
24 | quarters of enrollment each academic year.
| ||||||
25 | (f) All applications for scholarship assistance to be | ||||||
26 | awarded under this
Section shall be made to the Foundation in a |
| |||||||
| |||||||
1 | form determined by the Foundation. Each year, the Foundation | ||||||
2 | shall notify the Commission of the individuals awarded | ||||||
3 | scholarship assistance under this Section. Each year, at least | ||||||
4 | 30% of the Golden Apple Scholars of Illinois Program | ||||||
5 | scholarships shall be awarded to students residing in counties | ||||||
6 | having a population of less than 500,000.
| ||||||
7 | (g) (Blank).
| ||||||
8 | (h) The Commission shall administer the payment of
| ||||||
9 | scholarship assistance provided through the Golden Apple | ||||||
10 | Scholars of Illinois Program and shall make all necessary
and
| ||||||
11 | proper rules not inconsistent with this Section for the | ||||||
12 | effective
implementation of this Section.
| ||||||
13 | (i) Prior to receiving scholarship assistance for any | ||||||
14 | academic year, each
recipient of a scholarship awarded under | ||||||
15 | this
Section shall be required by the Foundation to sign an | ||||||
16 | agreement under which
the
recipient pledges that, within the | ||||||
17 | 2-year period following the
termination
of the academic | ||||||
18 | program for which the recipient was awarded a scholarship, the
| ||||||
19 | recipient: (i) shall begin teaching for a period of not
less | ||||||
20 | than 5 years, (ii) shall fulfill this teaching obligation at a | ||||||
21 | nonprofit
Illinois public,
private, or parochial
preschool or | ||||||
22 | an Illinois public elementary or secondary school that | ||||||
23 | qualifies for teacher loan cancellation under Section | ||||||
24 | 465(a)(2)(A) of the federal Higher Education Act of 1965 (20 | ||||||
25 | U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed | ||||||
26 | eligible for fulfilling the teaching commitment as designated |
| |||||||
| |||||||
1 | by the Foundation, and (iii)
shall, upon request of
the | ||||||
2 | Foundation, provide the Foundation with evidence that he or | ||||||
3 | she is fulfilling
or has fulfilled the terms of the teaching | ||||||
4 | agreement provided for in this
subsection. Upon request, the | ||||||
5 | Foundation shall provide evidence of teacher fulfillment to | ||||||
6 | the Commission.
| ||||||
7 | (j) If a recipient of a scholarship awarded under this | ||||||
8 | Section fails to
fulfill the teaching obligation set forth in | ||||||
9 | subsection (i) of this Section,
the Commission shall require | ||||||
10 | the recipient to repay the amount of the
scholarships | ||||||
11 | received, prorated according to the fraction of the teaching
| ||||||
12 | obligation not completed, plus interest at a rate of 5% and if | ||||||
13 | applicable, reasonable
collection fees.
Payments received by | ||||||
14 | the Commission under this subsection (j)
shall be remitted to | ||||||
15 | the State Comptroller for deposit into
the General Revenue | ||||||
16 | Fund, except that that portion of a
recipient's repayment that | ||||||
17 | equals the amount in expenses that
the Commission has | ||||||
18 | reasonably incurred in attempting
collection from that | ||||||
19 | recipient shall be remitted to the State
Comptroller for | ||||||
20 | deposit into the ISAC Commission's Accounts
Receivable Fund , a | ||||||
21 | special fund in the State treasury . | ||||||
22 | (k) A recipient of a scholarship awarded by the Foundation | ||||||
23 | under this
Section shall not be considered to have failed to | ||||||
24 | fulfill the teaching obligations of the agreement entered into | ||||||
25 | pursuant to
subsection (i) if the recipient (i) enrolls on a | ||||||
26 | full-time basis as a graduate
student in a course of study |
| |||||||
| |||||||
1 | related to the field of teaching at an institution
of higher | ||||||
2 | learning; (ii) is serving as a member of the armed services of | ||||||
3 | the
United States; (iii) is a person with a temporary total | ||||||
4 | disability, as established by sworn
affidavit of a qualified | ||||||
5 | physician; (iv) is seeking and unable to find
full-time | ||||||
6 | employment as a teacher at a school that satisfies the | ||||||
7 | criteria set
forth
in subsection (i) and is able to provide | ||||||
8 | evidence of that fact; (v) is taking additional courses, on at | ||||||
9 | least a half-time basis, needed to obtain certification as a | ||||||
10 | teacher in Illinois; (vi) is fulfilling teaching requirements | ||||||
11 | associated with other programs administered by the Commission | ||||||
12 | and cannot concurrently fulfill them under this Section in a | ||||||
13 | period of time equal to the length of the teaching obligation; | ||||||
14 | or (vii) is participating in a program established under | ||||||
15 | Executive Order 10924 of the President of the United States or | ||||||
16 | the federal National Community Service Act of 1990 (42 U.S.C. | ||||||
17 | 12501 et seq.). Any such
extension of the period during which | ||||||
18 | the teaching requirement must be fulfilled
shall be subject to | ||||||
19 | limitations of duration as established by the Commission.
| ||||||
20 | (l) A recipient who fails to fulfill the teaching | ||||||
21 | obligations of the agreement entered into pursuant to | ||||||
22 | subsection (i) of this Section shall repay the amount of | ||||||
23 | scholarship assistance awarded to them under this Section | ||||||
24 | within 10 years. | ||||||
25 | (m) Annually, at a time determined by the Commission in | ||||||
26 | consultation with the Foundation, the Foundation shall submit |
| |||||||
| |||||||
1 | a report to assist the Commission in monitoring the | ||||||
2 | Foundation's performance of grant activities. The report shall | ||||||
3 | describe the following: | ||||||
4 | (1) the Foundation's anticipated expenditures for the | ||||||
5 | next fiscal year; | ||||||
6 | (2) the number of qualified students receiving | ||||||
7 | scholarship assistance at each institution of higher | ||||||
8 | learning where a qualified student was enrolled under this | ||||||
9 | Section during the previous fiscal year; | ||||||
10 | (3) the total monetary value of scholarship funds paid | ||||||
11 | to each institution of higher learning at which a | ||||||
12 | qualified student was enrolled during the previous fiscal | ||||||
13 | year; | ||||||
14 | (4) the number of scholarship recipients who completed | ||||||
15 | a baccalaureate degree during the previous fiscal year; | ||||||
16 | (5) the number of scholarship recipients who fulfilled | ||||||
17 | their teaching obligation during the previous fiscal year; | ||||||
18 | (6) the number of scholarship recipients who failed to | ||||||
19 | fulfill their teaching obligation during the previous | ||||||
20 | fiscal year; | ||||||
21 | (7) the number of scholarship recipients granted an | ||||||
22 | extension described in subsection (k) of this Section | ||||||
23 | during the previous fiscal year; | ||||||
24 | (8) the number of scholarship recipients required to | ||||||
25 | repay scholarship assistance in accordance with subsection | ||||||
26 | (j) of this Section during the previous fiscal year; |
| |||||||
| |||||||
1 | (9) the number of scholarship recipients who | ||||||
2 | successfully repaid scholarship assistance in full during | ||||||
3 | the previous fiscal year; | ||||||
4 | (10) the number of scholarship recipients who | ||||||
5 | defaulted on their obligation to repay scholarship | ||||||
6 | assistance during the previous fiscal year; | ||||||
7 | (11) the amount of scholarship assistance subject to | ||||||
8 | collection in accordance with subsection (j) of this | ||||||
9 | Section at the end of the previous fiscal year; | ||||||
10 | (12) the amount of collected funds to be remitted to | ||||||
11 | the Comptroller in accordance with subsection (j) of this | ||||||
12 | Section at the end of the previous fiscal year; and | ||||||
13 | (13) other information that the Commission may | ||||||
14 | reasonably request. | ||||||
15 | (n) Nothing in this Section shall affect the rights of the | ||||||
16 | Commission to collect moneys owed to it by recipients of | ||||||
17 | scholarship assistance through the Illinois Future Teacher | ||||||
18 | Corps Program, repealed by Public Act 98-533 this amendatory | ||||||
19 | Act of the 98th General Assembly . | ||||||
20 | (o) The Auditor General shall prepare an annual audit of | ||||||
21 | the operations and finances of the Golden Apple Scholars of | ||||||
22 | Illinois Program. This audit shall be provided to the | ||||||
23 | Governor, General Assembly, and the Commission. | ||||||
24 | (p) The suspension of grant making authority found in | ||||||
25 | Section 4.2 of the Illinois Grant Funds Recovery Act shall not | ||||||
26 | apply to grants made pursuant to this Section. |
| |||||||
| |||||||
1 | (Source: P.A. 98-533, eff. 8-23-13; 98-718, eff. 1-1-15; | ||||||
2 | 99-143, eff. 7-27-15.)
| ||||||
3 | Section 20-50. The Nurse Educator Assistance Act is | ||||||
4 | amended by changing Section 15-30 as follows:
| ||||||
5 | (110 ILCS 967/15-30)
| ||||||
6 | Sec. 15-30. Repayment upon default; exception.
| ||||||
7 | (a) If a recipient of a scholarship awarded under this | ||||||
8 | Section fails to fulfill the work agreement required under the | ||||||
9 | program, the Commission shall require the recipient to repay | ||||||
10 | the amount of the scholarship or scholarships received, | ||||||
11 | prorated according to the fraction of the work agreement not | ||||||
12 | completed, plus interest at a rate of 5% and, if applicable, | ||||||
13 | reasonable collection fees.
| ||||||
14 | (b) Payments received by the Commission under this Section | ||||||
15 | shall be remitted to the State Comptroller for deposit into | ||||||
16 | the General Revenue Fund, except that that portion of a | ||||||
17 | recipient's repayment that equals the amount in expenses that | ||||||
18 | the Commission has reasonably incurred in attempting | ||||||
19 | collection from that recipient shall be remitted to the State | ||||||
20 | Comptroller for deposit into the ISAC Commission's Accounts | ||||||
21 | Receivable Fund.
| ||||||
22 | (c) A recipient of a scholarship awarded by the Commission | ||||||
23 | under the program shall not be in violation of the agreement | ||||||
24 | entered into pursuant to this Article if the recipient is (i) |
| |||||||
| |||||||
1 | serving as a member of the armed services of the United States, | ||||||
2 | (ii) a person with a temporary total disability, as | ||||||
3 | established by a sworn affidavit of a qualified physician, | ||||||
4 | (iii) seeking and unable to find full-time employment as a | ||||||
5 | nursing educator and is able to provide evidence of that fact, | ||||||
6 | or (iv) taking additional courses, on at least a half-time | ||||||
7 | basis, related to nursing education. Any extension of the | ||||||
8 | period during which the work requirement must be fulfilled | ||||||
9 | shall be subject to limitations of duration established by the | ||||||
10 | Commission.
| ||||||
11 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
12 | Section 20-55. The Solid Waste Site Operator Certification | ||||||
13 | Law is amended by changing Section 1011 as follows:
| ||||||
14 | (225 ILCS 230/1011) (from Ch. 111, par. 7861)
| ||||||
15 | Sec. 1011. Fees.
| ||||||
16 | (a) Fees for the issuance or renewal of a Solid
Waste Site | ||||||
17 | Operator Certificate shall be as follows:
| ||||||
18 | (1)(A) $400 for issuance or renewal for Class A Solid | ||||||
19 | Waste Site
Operators; (B) $200 for issuance or renewal for | ||||||
20 | Class B Solid Waste Site
Operators; and (C) $100 for | ||||||
21 | issuance or renewal for special waste endorsements.
| ||||||
22 | (2) If the fee for renewal is not paid within the grace | ||||||
23 | period the
above fees for renewal shall each be increased | ||||||
24 | by $50.
|
| |||||||
| |||||||
1 | (b) All Before the effective date of this amendatory Act | ||||||
2 | of the 98th General Assembly, all fees collected by the Agency | ||||||
3 | under this Section shall be
deposited into the Hazardous Waste | ||||||
4 | Occupational Licensing Fund. The Agency
is authorized to use | ||||||
5 | monies in the Hazardous Waste Occupational Licensing Fund to | ||||||
6 | perform its functions, powers,
and duties under this Section. | ||||||
7 | On and after the effective date of this amendatory Act of the | ||||||
8 | 98th General Assembly, all fees collected by the Agency under | ||||||
9 | this Section shall be deposited into the Environmental | ||||||
10 | Protection Permit and Inspection Fund to be used in accordance | ||||||
11 | with the provisions of subsection (a) of Section 22.8 of the | ||||||
12 | Environmental Protection Act. | ||||||
13 | (Source: P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)
| ||||||
14 | Section 20-60. The Illinois Public Aid Code is amended by | ||||||
15 | changing Section 12-10.7 as follows:
| ||||||
16 | (305 ILCS 5/12-10.7)
| ||||||
17 | Sec. 12-10.7. The Health and Human Services Medicaid Trust | ||||||
18 | Fund. (a) The Health and Human Services Medicaid Trust Fund | ||||||
19 | shall consist of (i) moneys appropriated or transferred into | ||||||
20 | the Fund, pursuant to statute, (ii) federal financial | ||||||
21 | participation moneys received pursuant to expenditures from | ||||||
22 | the Fund, and (iii) the interest earned on moneys in the Fund. | ||||||
23 | (b) Subject to appropriation, the moneys in the Fund shall be | ||||||
24 | used by a State agency for such purposes as that agency may, by |
| |||||||
| |||||||
1 | the appropriation language, be directed.
| ||||||
2 | (c) In addition to any other transfers that may be | ||||||
3 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
4 | practical, the State Comptroller shall direct and the State | ||||||
5 | Treasurer shall transfer the sum of $3,500,000 from the Health | ||||||
6 | and Human Services Medicaid Trust Fund to the Human Services | ||||||
7 | Priority Capital Program Fund.
| ||||||
8 | (d) In addition to any other transfers that may be | ||||||
9 | provided for by law, on July 1, 2008, or as soon thereafter as | ||||||
10 | practical, the State Comptroller shall direct and the State | ||||||
11 | Treasurer shall transfer the sum of $3,500,000 from the Health | ||||||
12 | and Human Services Medicaid Trust Fund to the Human Services | ||||||
13 | Priority Capital Program Fund. | ||||||
14 | (Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08.)
| ||||||
15 | Section 20-65. The Energy Assistance Act is amended by | ||||||
16 | changing Section 10 as follows:
| ||||||
17 | (305 ILCS 20/10) (from Ch. 111 2/3, par. 1410)
| ||||||
18 | Sec. 10. Energy Assistance Funds.
| ||||||
19 | (a) The AFDC Energy Assistance Fund is hereby created as a | ||||||
20 | special fund
in the State Treasury.
| ||||||
21 | The AFDC Energy Assistance Fund is authorized to receive | ||||||
22 | whether by
appropriation, transfer, statutory deposit or fund | ||||||
23 | transfer, all amounts
appropriated from State funds to the | ||||||
24 | Department of Human Services (acting as
successor to the |
| |||||||
| |||||||
1 | Illinois Department of Public Aid
under the Department of | ||||||
2 | Human Services Act) specifically for energy
assistance | ||||||
3 | payments for persons and families
receiving assistance | ||||||
4 | pursuant to Section 4-1 of the Illinois Public Aid
Code and | ||||||
5 | subsection (c) of Section 6 of this Act, and any | ||||||
6 | administrative
expense related thereto.
| ||||||
7 | (b) Subject to appropriation by the General Assembly, the | ||||||
8 | Department is
authorized to expend monies from the AFDC Energy | ||||||
9 | Assistance Fund for the
following purposes:
| ||||||
10 | (1) for energy assistance payments to or on behalf of | ||||||
11 | individuals or
families who receive assistance pursuant to | ||||||
12 | Section 4-1 of The Illinois
Public Aid Code in accordance | ||||||
13 | with the provisions of Section 6 of this Act; and
| ||||||
14 | (2) for the necessary and contingent expenses of the | ||||||
15 | Department
incurred in the administration of that portion | ||||||
16 | of the Act described in
paragraph (1) of this subsection.
| ||||||
17 | (c) The AFDC Energy Assistance Fund shall be inoperative | ||||||
18 | after
September 30, 1991.
| ||||||
19 | (d) Subject to appropriations made by the General | ||||||
20 | Assembly, the Department
is authorized to expend monies from | ||||||
21 | the Low Income Home Energy Assistance Block
Grant Fund for the | ||||||
22 | purpose of providing assistance pursuant to Section 6 of
this | ||||||
23 | Act.
| ||||||
24 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
25 | Section 20-70. The Environmental Protection Act is amended |
| |||||||
| |||||||
1 | by changing Sections 4, 9.9, and 22.8 as follows:
| ||||||
2 | (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
| ||||||
3 | Sec. 4. Environmental Protection Agency; establishment; | ||||||
4 | duties.
| ||||||
5 | (a) There is established in the Executive Branch of the | ||||||
6 | State Government an
agency to be known as the Environmental | ||||||
7 | Protection Agency. This Agency shall
be under the supervision | ||||||
8 | and direction of a Director who shall be appointed by
the | ||||||
9 | Governor with the advice and consent of the Senate. The term of | ||||||
10 | office
of the Director shall expire on the third Monday of | ||||||
11 | January in odd numbered
years, provided that he or she shall | ||||||
12 | hold office until a successor is appointed
and has qualified. | ||||||
13 | For terms ending before December 31, 2019, the Director shall
| ||||||
14 | receive an annual salary as set by
the Compensation Review | ||||||
15 | Board. For terms beginning after January 18, 2019 ( the | ||||||
16 | effective date of Public Act 100-1179) this amendatory Act of | ||||||
17 | the 100th General Assembly , the Director's annual salary shall | ||||||
18 | be an amount equal to 15% more than the Director's annual | ||||||
19 | salary as of December 31, 2018. The calculation of the 2018 | ||||||
20 | salary base for this adjustment shall not include any cost of | ||||||
21 | living adjustments, as authorized by Senate Joint Resolution | ||||||
22 | 192 of the 86th General Assembly, for the period beginning | ||||||
23 | July 1, 2009 to June 30, 2019. Beginning July 1, 2019 and each | ||||||
24 | July 1 thereafter, the Director shall receive an increase in | ||||||
25 | salary based on a cost of living adjustment as authorized by |
| |||||||
| |||||||
1 | Senate Joint Resolution 192 of the 86th General Assembly. The | ||||||
2 | Director, in accord with the Personnel Code, shall employ and
| ||||||
3 | direct such personnel, and shall provide for such laboratory | ||||||
4 | and other
facilities, as may be necessary to carry out the | ||||||
5 | purposes of this Act. In
addition, the Director may by | ||||||
6 | agreement secure such services as he or she
may deem necessary | ||||||
7 | from any other department, agency, or unit of the State
| ||||||
8 | Government, and may employ and compensate such consultants and | ||||||
9 | technical
assistants as may be required.
| ||||||
10 | (b) The Agency shall have the duty to collect and | ||||||
11 | disseminate such
information, acquire such technical data, and | ||||||
12 | conduct such experiments
as may be required to carry out the | ||||||
13 | purposes of this Act, including
ascertainment of the quantity | ||||||
14 | and nature of discharges from any
contaminant source and data | ||||||
15 | on those sources, and to operate and arrange
for the operation | ||||||
16 | of devices for the monitoring of environmental quality.
| ||||||
17 | (c) The Agency shall have authority to conduct a program | ||||||
18 | of
continuing surveillance and of regular or periodic | ||||||
19 | inspection of actual
or potential contaminant or noise | ||||||
20 | sources, of public water supplies, and
of refuse disposal | ||||||
21 | sites.
| ||||||
22 | (d) In accordance with constitutional limitations,
the | ||||||
23 | Agency shall have authority to enter at all reasonable times
| ||||||
24 | upon any private or public property for the purpose of:
| ||||||
25 | (1) Inspecting and investigating to ascertain possible | ||||||
26 | violations of
this Act, any rule or regulation adopted |
| |||||||
| |||||||
1 | under this Act, any permit or
term or condition of a | ||||||
2 | permit, or any Board order; or
| ||||||
3 | (2) In accordance with the provisions of this Act, | ||||||
4 | taking whatever
preventive or corrective action, including | ||||||
5 | but not limited to removal or
remedial action, that is | ||||||
6 | necessary or appropriate whenever there is a
release or a | ||||||
7 | substantial threat of a release of (A) a hazardous
| ||||||
8 | substance or pesticide or (B) petroleum from an | ||||||
9 | underground storage tank.
| ||||||
10 | (e) The Agency shall have the duty to investigate | ||||||
11 | violations of this
Act, any rule or regulation adopted under | ||||||
12 | this Act, any permit or
term or condition of a permit, or any | ||||||
13 | Board order;
to issue administrative citations as provided in | ||||||
14 | Section 31.1 of this
Act; and to take such summary enforcement | ||||||
15 | action as is provided
for by Section 34 of this Act.
| ||||||
16 | (f) The Agency shall appear before the Board in any | ||||||
17 | hearing upon a
petition for variance or time-limited water | ||||||
18 | quality standard, the denial of a permit, or the validity or | ||||||
19 | effect
of a rule or regulation of the Board, and shall have the | ||||||
20 | authority to
appear before the Board in any hearing under the | ||||||
21 | Act.
| ||||||
22 | (g) The Agency shall have the duty to administer, in | ||||||
23 | accord with
Title X of this Act, such permit and certification | ||||||
24 | systems as may be
established by this Act or by regulations | ||||||
25 | adopted thereunder.
The Agency may enter into written | ||||||
26 | delegation agreements with any department,
agency, or unit of |
| |||||||
| |||||||
1 | State or local government under which all or portions
of this | ||||||
2 | duty may be delegated for public water supply storage and | ||||||
3 | transport
systems, sewage collection and transport systems, | ||||||
4 | air pollution control
sources with uncontrolled emissions of | ||||||
5 | 100 tons per year or less and
application of algicides to | ||||||
6 | waters of the State. Such delegation
agreements will require | ||||||
7 | that the work to be performed thereunder will be
in accordance | ||||||
8 | with Agency criteria, subject to Agency review, and shall
| ||||||
9 | include such financial and program auditing by the Agency as | ||||||
10 | may be required.
| ||||||
11 | (h) The Agency shall have authority to require the | ||||||
12 | submission of
complete plans and specifications from any | ||||||
13 | applicant for a permit
required by this Act or by regulations | ||||||
14 | thereunder, and to require the
submission of such reports | ||||||
15 | regarding actual or potential violations of
this Act, any rule | ||||||
16 | or regulation adopted under this Act, any permit or
term or | ||||||
17 | condition of a permit, or any Board order, as may be necessary | ||||||
18 | for the purposes of
this Act.
| ||||||
19 | (i) The Agency shall have authority to make | ||||||
20 | recommendations to the
Board for the adoption of regulations | ||||||
21 | under Title VII of the Act.
| ||||||
22 | (j) The Agency shall have the duty to represent the State | ||||||
23 | of
Illinois in any and all matters pertaining to plans, | ||||||
24 | procedures, or
negotiations for interstate compacts or other | ||||||
25 | governmental arrangements
relating to environmental | ||||||
26 | protection.
|
| |||||||
| |||||||
1 | (k) The Agency shall have the authority to accept, | ||||||
2 | receive, and
administer on behalf of the State any grants, | ||||||
3 | gifts, loans, indirect cost
reimbursements, or other funds | ||||||
4 | made available to the State from any source
for purposes of | ||||||
5 | this Act or for air or water pollution control, public water
| ||||||
6 | supply, solid waste disposal, noise abatement, or other | ||||||
7 | environmental
protection activities, surveys, or programs. Any | ||||||
8 | federal funds received by the
Agency pursuant to this | ||||||
9 | subsection shall be deposited in a trust fund with the
State | ||||||
10 | Treasurer and held and disbursed by him in accordance with | ||||||
11 | Treasurer as
Custodian of Funds Act, provided that such monies | ||||||
12 | shall be used only for the
purposes for which they are | ||||||
13 | contributed and any balance remaining shall be
returned to the | ||||||
14 | contributor.
| ||||||
15 | The Agency is authorized to promulgate such regulations | ||||||
16 | and enter
into such contracts as it may deem necessary for | ||||||
17 | carrying out the
provisions of this subsection.
| ||||||
18 | (l) The Agency is hereby designated as water pollution | ||||||
19 | agency for
the state for all purposes of the Federal Water | ||||||
20 | Pollution Control Act, as
amended; as implementing agency for | ||||||
21 | the State for all purposes of the Safe
Drinking Water Act, | ||||||
22 | Public Law 93-523, as now or hereafter amended, except
Section | ||||||
23 | 1425 of that Act; as air pollution agency for the state for all
| ||||||
24 | purposes of the Clean Air Act of 1970, Public Law 91-604, | ||||||
25 | approved December 31,
1970, as amended; and as solid waste | ||||||
26 | agency for the state for all purposes of
the Solid Waste |
| |||||||
| |||||||
1 | Disposal Act, Public Law 89-272, approved October 20, 1965,
| ||||||
2 | and amended by the Resource Recovery Act of 1970, Public Law | ||||||
3 | 91-512, approved
October 26, 1970, as amended, and amended by | ||||||
4 | the Resource Conservation and
Recovery Act of 1976, (P.L. | ||||||
5 | 94-580) approved October 21, 1976, as amended; as
noise | ||||||
6 | control agency for the state for all purposes of the Noise | ||||||
7 | Control Act of
1972, Public Law 92-574, approved October 27, | ||||||
8 | 1972, as amended; and as
implementing agency for the State for | ||||||
9 | all purposes of the Comprehensive
Environmental Response, | ||||||
10 | Compensation, and Liability Act of 1980 (P.L. 96-510),
as | ||||||
11 | amended; and otherwise as pollution control agency for the | ||||||
12 | State pursuant
to federal laws integrated with the foregoing | ||||||
13 | laws, for financing purposes or
otherwise. The Agency is | ||||||
14 | hereby authorized to take all action necessary or
appropriate | ||||||
15 | to secure to the State the benefits of such federal Acts, | ||||||
16 | provided
that the Agency shall transmit to the United States | ||||||
17 | without change any
standards adopted by the Pollution Control | ||||||
18 | Board pursuant to Section 5(c) of
this Act. This subsection | ||||||
19 | (l) of Section 4 shall not be construed to bar or
prohibit the | ||||||
20 | Environmental Protection Trust Fund Commission from accepting,
| ||||||
21 | receiving, and administering on behalf of the State any | ||||||
22 | grants, gifts,
loans or other funds for which the Commission | ||||||
23 | is eligible pursuant to the
Environmental Protection Trust | ||||||
24 | Fund Act. The Agency is hereby designated as
the State agency | ||||||
25 | for all purposes of administering the requirements of Section
| ||||||
26 | 313 of the federal Emergency Planning and Community |
| |||||||
| |||||||
1 | Right-to-Know Act of 1986.
| ||||||
2 | Any municipality, sanitary district, or other political | ||||||
3 | subdivision,
or any Agency of the State or interstate Agency, | ||||||
4 | which makes application
for loans or grants under such federal | ||||||
5 | Acts shall notify the Agency of
such application; the Agency | ||||||
6 | may participate in proceedings under such
federal Acts.
| ||||||
7 | (m) The Agency shall have authority, consistent with | ||||||
8 | Section 5(c)
and other provisions of this Act, and for | ||||||
9 | purposes of Section 303(e) of
the Federal Water Pollution | ||||||
10 | Control Act, as now or hereafter amended,
to engage in | ||||||
11 | planning processes and activities and to develop
plans in | ||||||
12 | cooperation with units of local government, state agencies and
| ||||||
13 | officers, and other appropriate persons in connection with the
| ||||||
14 | jurisdiction or duties of each such unit, agency, officer or | ||||||
15 | person.
Public hearings shall be held on the planning process, | ||||||
16 | at which any
person shall be permitted to appear and be heard, | ||||||
17 | pursuant to procedural
regulations promulgated by the Agency.
| ||||||
18 | (n) In accordance with the powers conferred upon the | ||||||
19 | Agency by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, | ||||||
20 | the Agency shall
have authority to establish and enforce | ||||||
21 | minimum standards for the
operation of laboratories relating | ||||||
22 | to analyses and laboratory tests for
air pollution, water | ||||||
23 | pollution, noise emissions, contaminant discharges
onto land | ||||||
24 | and sanitary, chemical, and mineral quality of water
| ||||||
25 | distributed by a public water supply. The Agency may enter | ||||||
26 | into formal
working agreements with other departments or |
| |||||||
| |||||||
1 | agencies of state
government under which all or portions of | ||||||
2 | this authority may be
delegated to the cooperating department | ||||||
3 | or agency.
| ||||||
4 | (o) The Agency shall have the authority to issue | ||||||
5 | certificates of
competency to persons and laboratories meeting | ||||||
6 | the minimum standards
established by the Agency in accordance | ||||||
7 | with Section 4(n) of this Act
and to promulgate and enforce | ||||||
8 | regulations relevant to the issuance and
use of such | ||||||
9 | certificates. The Agency may enter into formal working
| ||||||
10 | agreements with other departments or agencies of state | ||||||
11 | government under
which all or portions of this authority may | ||||||
12 | be delegated to the
cooperating department or agency.
| ||||||
13 | (p) Except as provided in Section 17.7, the Agency shall | ||||||
14 | have the
duty to analyze samples as required
from each public | ||||||
15 | water supply to determine compliance with the
contaminant | ||||||
16 | levels specified by the Pollution Control Board. The maximum
| ||||||
17 | number of samples which the Agency shall be required to | ||||||
18 | analyze for
microbiological quality shall be 6 per month, but | ||||||
19 | the Agency may, at its
option, analyze a larger number each | ||||||
20 | month for any supply. Results of
sample analyses for | ||||||
21 | additional required bacteriological testing,
turbidity, | ||||||
22 | residual chlorine and radionuclides are to be provided to the
| ||||||
23 | Agency in accordance with Section 19. Owners of water supplies | ||||||
24 | may enter
into agreements with the Agency to provide for | ||||||
25 | reduced Agency
participation in sample analyses.
| ||||||
26 | (q) The Agency shall have the authority to provide notice |
| |||||||
| |||||||
1 | to any
person who may be liable pursuant to Section 22.2(f) of | ||||||
2 | this Act for a
release or a substantial threat of a release of | ||||||
3 | a hazardous substance or
pesticide. Such notice shall include | ||||||
4 | the identified response action and an
opportunity for such | ||||||
5 | person to perform the response action.
| ||||||
6 | (r) The Agency may enter into written delegation | ||||||
7 | agreements with any
unit of local government under which it | ||||||
8 | may delegate all or portions of its
inspecting, investigating | ||||||
9 | and enforcement functions. Such delegation
agreements shall | ||||||
10 | require that work performed thereunder be in accordance
with | ||||||
11 | Agency criteria and subject to Agency review.
Notwithstanding | ||||||
12 | any other provision of law to the contrary, no unit of
local | ||||||
13 | government shall be liable for any injury resulting from the | ||||||
14 | exercise
of its authority pursuant to such a delegation | ||||||
15 | agreement unless the injury
is proximately caused by the | ||||||
16 | willful and wanton negligence of an agent or
employee of the | ||||||
17 | unit of local government, and any policy of insurance
coverage | ||||||
18 | issued to a unit of local government may provide for the denial | ||||||
19 | of
liability and the nonpayment of claims based upon injuries | ||||||
20 | for which the unit
of local government is not liable pursuant | ||||||
21 | to this subsection (r).
| ||||||
22 | (s) The Agency shall have authority to take whatever | ||||||
23 | preventive or
corrective action is necessary or appropriate, | ||||||
24 | including but not limited to
expenditure of monies | ||||||
25 | appropriated from the Build Illinois Bond Fund and
the Build | ||||||
26 | Illinois Purposes Fund for removal or remedial action, |
| |||||||
| |||||||
1 | whenever
any hazardous substance or pesticide is released or
| ||||||
2 | there is a substantial threat of such a release into the | ||||||
3 | environment. The
State, the Director, and any State employee | ||||||
4 | shall be indemnified for any
damages or injury arising out of | ||||||
5 | or resulting from any action taken under
this subsection. The | ||||||
6 | Director of the Agency is authorized to enter into
such | ||||||
7 | contracts and agreements as are necessary
to carry out the | ||||||
8 | Agency's duties under this subsection.
| ||||||
9 | (t) The Agency shall have authority to distribute grants, | ||||||
10 | subject to
appropriation by the General Assembly, to units of | ||||||
11 | local government for financing and construction of
wastewater | ||||||
12 | facilities in both incorporated and unincorporated areas. With | ||||||
13 | respect to all monies appropriated
from the Build Illinois | ||||||
14 | Bond Fund and the Build Illinois Purposes
Fund for wastewater | ||||||
15 | facility grants, the Agency shall make
distributions in | ||||||
16 | conformity with the rules and regulations established
pursuant | ||||||
17 | to the Anti-Pollution Bond Act, as now or hereafter amended.
| ||||||
18 | (u) Pursuant to the Illinois Administrative Procedure Act, | ||||||
19 | the
Agency shall have the authority to adopt such rules as are | ||||||
20 | necessary or
appropriate for the Agency to implement Section | ||||||
21 | 31.1 of this Act.
| ||||||
22 | (v) (Blank.)
| ||||||
23 | (w) Neither the State, nor the Director, nor the Board, | ||||||
24 | nor any State
employee shall be liable for any damages or | ||||||
25 | injury arising out of or
resulting from any action taken under | ||||||
26 | subsection (s).
|
| |||||||
| |||||||
1 | (x)(1) The Agency shall have authority to distribute | ||||||
2 | grants, subject to
appropriation by the General Assembly, to | ||||||
3 | units of local government for
financing and construction of | ||||||
4 | public water supply facilities. With respect
to all monies | ||||||
5 | appropriated from the Build Illinois Bond Fund or the Build
| ||||||
6 | Illinois Purposes Fund for public water supply grants, such | ||||||
7 | grants shall be
made in accordance with rules promulgated by | ||||||
8 | the Agency.
Such rules shall include a requirement for a local | ||||||
9 | match of 30% of the
total project cost for projects funded | ||||||
10 | through such grants.
| ||||||
11 | (2) The Agency shall not terminate a grant to a unit of | ||||||
12 | local government
for the financing and construction of public | ||||||
13 | water supply facilities unless
and until the Agency adopts | ||||||
14 | rules that set forth precise and complete
standards, pursuant | ||||||
15 | to Section 5-20 of the Illinois Administrative
Procedure Act, | ||||||
16 | for the termination of such grants. The Agency shall not
make | ||||||
17 | determinations on whether specific grant conditions are | ||||||
18 | necessary to
ensure the integrity of a project or on whether | ||||||
19 | subagreements shall be
awarded, with respect to grants for the | ||||||
20 | financing and construction of
public water supply facilities, | ||||||
21 | unless and until the Agency adopts rules
that set forth | ||||||
22 | precise and complete standards, pursuant to Section 5-20
of | ||||||
23 | the Illinois Administrative Procedure Act, for making such
| ||||||
24 | determinations. The Agency shall not issue a stop-work order | ||||||
25 | in relation to
such grants unless and until the Agency adopts | ||||||
26 | precise and complete standards,
pursuant to Section 5-20 of |
| |||||||
| |||||||
1 | the Illinois Administrative Procedure Act, for
determining | ||||||
2 | whether to issue a stop-work order.
| ||||||
3 | (y) The Agency shall have authority to release any person | ||||||
4 | from further
responsibility for preventive or corrective | ||||||
5 | action under this Act following
successful completion of | ||||||
6 | preventive or corrective action undertaken by such
person upon | ||||||
7 | written request by the person.
| ||||||
8 | (z) To the extent permitted by any applicable federal law | ||||||
9 | or regulation, for all work performed for State construction | ||||||
10 | projects which are funded in whole or in part by a capital | ||||||
11 | infrastructure bill enacted by the 96th General Assembly by | ||||||
12 | sums appropriated to the Environmental Protection Agency, at | ||||||
13 | least 50% of the total labor hours must be performed by actual | ||||||
14 | residents of the State of Illinois. For purposes of this | ||||||
15 | subsection, "actual residents of the State of Illinois" means | ||||||
16 | persons domiciled in the State of Illinois. The Department of | ||||||
17 | Labor shall promulgate rules providing for the enforcement of | ||||||
18 | this subsection. | ||||||
19 | (aa) The Agency may adopt rules requiring the electronic | ||||||
20 | submission of any information required to be submitted to the | ||||||
21 | Agency pursuant to any State or federal law or regulation or | ||||||
22 | any court or Board order. Any rules adopted under this | ||||||
23 | subsection (aa) must include, but are not limited to, | ||||||
24 | identification of the information to be submitted | ||||||
25 | electronically. | ||||||
26 | (Source: P.A. 99-937, eff. 2-24-17; 100-1179, eff. 1-18-19.)
|
| |||||||
| |||||||
1 | (415 ILCS 5/9.9)
| ||||||
2 | Sec. 9.9. Nitrogen oxides trading system.
| ||||||
3 | (a) The General Assembly finds:
| ||||||
4 | (1) That USEPA has issued a Final Rule published in | ||||||
5 | the Federal
Register on October 27, 1998, entitled | ||||||
6 | "Finding of Significant Contribution and
Rulemaking for | ||||||
7 | Certain States in the Ozone Transport Assessment Group | ||||||
8 | Region
for Purposes of Reducing Regional Transport of | ||||||
9 | Ozone", hereinafter referred to
as the "NOx SIP Call", | ||||||
10 | compliance with which will require reducing emissions of
| ||||||
11 | nitrogen oxides ("NOx");
| ||||||
12 | (2) That reducing emissions of NOx in the State helps | ||||||
13 | the State to meet
the national ambient air quality | ||||||
14 | standard for ozone;
| ||||||
15 | (3) That emissions trading is a cost-effective means | ||||||
16 | of obtaining
reductions of NOx emissions.
| ||||||
17 | (b) The Agency shall propose and the Board shall adopt
| ||||||
18 | regulations to implement an interstate NOx trading program | ||||||
19 | (hereinafter
referred to as the "NOx Trading Program") as | ||||||
20 | provided for in 40 CFR
Part 96, including
incorporation by | ||||||
21 | reference of appropriate provisions of 40 CFR Part 96 and
| ||||||
22 | regulations to address 40 CFR Section 96.4(b), Section | ||||||
23 | 96.55(c), Subpart E, and
Subpart I. In addition, the Agency | ||||||
24 | shall propose and the Board shall adopt
regulations to | ||||||
25 | implement NOx emission reduction programs for cement kilns and
|
| |||||||
| |||||||
1 | stationary
internal combustion engines.
| ||||||
2 | (c) Allocations of NOx allowances to large electric | ||||||
3 | generating units
("EGUs") and large non-electric generating | ||||||
4 | units ("non-EGUs"), as defined by 40
CFR Part 96.4(a), shall | ||||||
5 | not exceed the State's trading budget for those source
| ||||||
6 | categories to be included in
the State Implementation Plan for | ||||||
7 | NOx.
| ||||||
8 | (d) In adopting regulations to implement the NOx Trading | ||||||
9 | Program, the Board
shall:
| ||||||
10 | (1) assure that the economic impact and technical | ||||||
11 | feasibility of NOx
emissions reductions under the NOx | ||||||
12 | Trading Program are considered relative to
the traditional | ||||||
13 | regulatory control requirements in the State for EGUs and
| ||||||
14 | non-EGUs;
| ||||||
15 | (2) provide that emission units, as defined in Section | ||||||
16 | 39.5(1) of this
Act, may opt into the NOx Trading Program;
| ||||||
17 | (3) provide for voluntary reductions of NOx emissions | ||||||
18 | from emission units,
as defined in Section 39.5(1) of this | ||||||
19 | Act, not otherwise included under
paragraph (c) or (d)(2) | ||||||
20 | of this Section to provide additional allowances to
EGUs | ||||||
21 | and non-EGUs to be allocated by the Agency. The | ||||||
22 | regulations shall further
provide that such voluntary | ||||||
23 | reductions are verifiable, quantifiable, permanent,
and | ||||||
24 | federally enforceable;
| ||||||
25 | (4) provide that the Agency allocate to non-EGUs | ||||||
26 | allowances that are
designated in the rule, unless the |
| |||||||
| |||||||
1 | Agency has been directed to transfer the
allocations to | ||||||
2 | another unit subject to the requirements of the NOx | ||||||
3 | Trading
Program, and that upon shutdown of a non-EGU, the | ||||||
4 | unit may transfer or sell the
NOx allowances that are | ||||||
5 | allocated to such unit;
| ||||||
6 | (5) provide that the Agency shall set aside annually a | ||||||
7 | number of
allowances, not to exceed 5% of the total EGU | ||||||
8 | trading budget, to be made
available to new EGUs; and
| ||||||
9 | (6)
provide that those EGUs that commence commercial
| ||||||
10 | operation, as defined
in 40
CFR Section 96.2, at a time | ||||||
11 | that is more than half way through the control
period in | ||||||
12 | 2003 shall return to the Agency any allowances that were | ||||||
13 | issued to
it by the Agency and were not used for compliance | ||||||
14 | in 2004.
| ||||||
15 | (d-5) The Agency may sell NOx allowances to sources in | ||||||
16 | Illinois that are
subject
to 35 Ill. Adm. Code 217, either | ||||||
17 | Subpart U or W, as follows:
| ||||||
18 | (1) any unearned Early Reduction Credits set aside for | ||||||
19 | non-EGUs under 35
Ill. Adm. Code 217, Subpart U, but only | ||||||
20 | to those sources that make qualifying
early reductions of | ||||||
21 | NOx in 2003 pursuant to 35 Ill. Adm. Code 217 for which
the | ||||||
22 | source did not receive an allocation thereunder. If the | ||||||
23 | Agency receives
requests to purchase more ERCs than are | ||||||
24 | available for sale, allowances shall
be offered for sale | ||||||
25 | to qualifying sources on a pro-rata basis;
| ||||||
26 | (2) any remaining Early Reduction Credits allocated |
| |||||||
| |||||||
1 | under 35 Ill. Adm.
Code 217, Subpart U or W, that could not | ||||||
2 | be allocated on a pro-rata, whole
allowance basis, but | ||||||
3 | only to those sources that made qualifying early
| ||||||
4 | reductions of NOx in 2003 pursuant to 35 Ill. Adm. Code 217 | ||||||
5 | for which the
source did not receive an allocation;
| ||||||
6 | (3) any allowances under 35 Ill. Adm. Code 217, | ||||||
7 | Subpart W, that remain
after each 3-year allocation period | ||||||
8 | that could not be allocated on a
pro-rata, whole allowance | ||||||
9 | basis pursuant to the provisions of Subpart W; and
| ||||||
10 | (4) any allowances requested from the New Source Set | ||||||
11 | Aside for those
sources that commenced operation, as | ||||||
12 | defined in 40 CFR Section 96.2, on or
after
January 1, | ||||||
13 | 2004.
| ||||||
14 | (d-10) The selling price for ERC allowances shall be 70% | ||||||
15 | of the market
price index for 2005 NOx allowances, determined | ||||||
16 | by the Agency as follows:
| ||||||
17 | (1) using the mean of 2 or more published market price | ||||||
18 | indexes for the
2005 NOx allowances as of October 6, 2003; | ||||||
19 | or
| ||||||
20 | (2) if there are not 2 published market price indexes | ||||||
21 | for 2005 NOx
allowances as of October 6, 2003, the Agency | ||||||
22 | may use any reasonable indication
of market price.
| ||||||
23 | (e) The Agency may adopt procedural rules, as necessary, | ||||||
24 | to implement the
regulations promulgated by the Board pursuant | ||||||
25 | to subsections (b) and (d) and
to implement subsections (d-5), | ||||||
26 | (d-10), (i), and (j) of
this Section.
|
| |||||||
| |||||||
1 | (f) Notwithstanding any provisions in subparts T, U, and W | ||||||
2 | of Section 217
of Title 35 of the Illinois Administrative Code | ||||||
3 | to the contrary, compliance
with the regulations promulgated | ||||||
4 | by the Board pursuant to subsections (b) and
(d) of this | ||||||
5 | Section is required by May 31, 2004.
| ||||||
6 | (g) To the extent that a court of competent jurisdiction | ||||||
7 | finds a provision
of 40 CFR Part 96 invalid, the corresponding | ||||||
8 | Illinois provision shall
be stayed until such provision of 40 | ||||||
9 | CFR Part 96 is found to be valid or is
re-promulgated. To the | ||||||
10 | extent that USEPA or any court of competent
jurisdiction stays | ||||||
11 | the applicability of any provision of the NOx SIP Call to
any | ||||||
12 | person or circumstance relating to Illinois, during the period | ||||||
13 | of that
stay, the effectiveness of the corresponding Illinois | ||||||
14 | provision shall be
stayed. To the extent that the invalidity | ||||||
15 | of the particular requirement or
application does not affect
| ||||||
16 | other provisions or applications of the NOx SIP Call pursuant | ||||||
17 | to 40 CFR 51.121
or the NOx trading program pursuant to 40 CFR | ||||||
18 | Part 96 or 40 CFR Part 97, this
Section, and rules or | ||||||
19 | regulations promulgated hereunder, will be given
effect | ||||||
20 | without the invalid provisions or applications.
| ||||||
21 | (h) Notwithstanding any other provision of this Act, any | ||||||
22 | source or other
authorized person that participates in the NOx | ||||||
23 | Trading Program shall be
eligible to exchange NOx allowances | ||||||
24 | with other sources in accordance with
this Section and with | ||||||
25 | regulations promulgated by the Board or the Agency.
| ||||||
26 | (i) (Blank). There is hereby created within the State |
| |||||||
| |||||||
1 | Treasury an interest-bearing
special fund to be known as the | ||||||
2 | NOx Trading System Fund. Moneys generated
from the sale of NOx | ||||||
3 | allowances from the New Source Set Aside or the sale of
| ||||||
4 | allowances pursuant to subsection (d-5) of this Section shall | ||||||
5 | be deposited into
the Fund. This Fund shall be used
and | ||||||
6 | administered by the Agency for the purposes stated below:
| ||||||
7 | (1) To accept funds from persons who purchase NOx | ||||||
8 | allowances from the
New Source Set Aside from the
Agency;
| ||||||
9 | (2) To disburse the proceeds of the sale of the NOx
| ||||||
10 | allowances from the New Source Set Aside, to the extent | ||||||
11 | that proceeds remain
after the Agency has recouped the | ||||||
12 | reasonable costs incurred by the Agency in
the | ||||||
13 | administration of the NOx SIP Call Program, pro-rata to | ||||||
14 | the
owners or operators of the EGUs that received
| ||||||
15 | allowances from the Agency but not from the Agency's New | ||||||
16 | Source Set Aside, in accordance
with regulations that may | ||||||
17 | be promulgated by the Agency; and
| ||||||
18 | (3) To finance the reasonable costs incurred by the | ||||||
19 | Agency in the
administration of the NOx SIP Call Program.
| ||||||
20 | (j) Moneys generated from the sale of early reduction | ||||||
21 | credits
shall be deposited into the Clean Air Act Permit Fund | ||||||
22 | created pursuant to
Section 39.5(18)(d) of this Act, and the | ||||||
23 | proceeds
shall be used and administered by the Agency to | ||||||
24 | finance the costs associated
with the Clean Air Act Permit | ||||||
25 | Program.
| ||||||
26 | (Source: P.A. 92-12, eff. 7-1-01; 92-279, eff. 8-7-01; 93-669, |
| |||||||
| |||||||
1 | eff. 3-19-04.)
| ||||||
2 | (415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
| ||||||
3 | Sec. 22.8. Environmental Protection Permit and Inspection | ||||||
4 | Fund.
| ||||||
5 | (a) There is hereby created in the State Treasury a | ||||||
6 | special fund to be known
as the Environmental Protection | ||||||
7 | Permit and Inspection Fund. All fees collected
by the Agency | ||||||
8 | pursuant to this Section, Section 9.6, 12.2, 16.1, 56.4, 56.5, | ||||||
9 | 56.6, and subsection (f) of Section 5 of this
Act, or pursuant | ||||||
10 | to Section 22 of the Public Water Supply Operations Act or | ||||||
11 | Section 1011 of the Solid Waste Site Operator Certification | ||||||
12 | Law, as well as
funds collected under subsection (b.5) of | ||||||
13 | Section 42 of this Act,
shall be deposited into the Fund. In | ||||||
14 | addition to any monies appropriated
from the General Revenue | ||||||
15 | Fund, monies in the Fund shall be appropriated
by the General | ||||||
16 | Assembly to the Agency in amounts deemed necessary for
| ||||||
17 | manifest, permit, and inspection activities and for performing | ||||||
18 | its functions, powers, and duties under the Solid Waste Site | ||||||
19 | Operator Certification Law.
| ||||||
20 | The General Assembly may appropriate monies in the Fund | ||||||
21 | deemed necessary
for Board regulatory and adjudicatory | ||||||
22 | proceedings.
| ||||||
23 | (a-5) (Blank). As soon as practicable after the effective | ||||||
24 | date of this amendatory Act of the 98th General Assembly, but | ||||||
25 | no later than January 1, 2014, the State Comptroller shall |
| |||||||
| |||||||
1 | direct and the State Treasurer shall transfer all monies in | ||||||
2 | the Industrial Hygiene Regulatory and Enforcement Fund to the | ||||||
3 | Environmental Protection Permit and Inspection Fund to be used | ||||||
4 | in accordance with the terms of the Environmental Protection | ||||||
5 | Permit and Inspection Fund. | ||||||
6 | (a-6) (Blank). As soon as practicable after the effective | ||||||
7 | date of this amendatory Act of the 98th General Assembly, but | ||||||
8 | no later than December 31, 2014, the State Comptroller shall | ||||||
9 | order the transfer of, and the State Treasurer shall transfer, | ||||||
10 | all moneys in the Hazardous Waste Occupational Licensing Fund | ||||||
11 | into the Environmental Protection Permit and Inspection Fund | ||||||
12 | to be used in accordance with the terms of the Environmental | ||||||
13 | Protection Permit and Inspection Fund. | ||||||
14 | (b) The Agency shall collect from the
owner or operator of | ||||||
15 | any of the following types of hazardous waste disposal
sites | ||||||
16 | or management facilities which require a RCRA permit under | ||||||
17 | subsection
(f) of Section 21 of this Act, or a UIC permit under | ||||||
18 | subsection (g) of Section
12 of this Act, an annual fee in the | ||||||
19 | amount of:
| ||||||
20 | (1) $35,000 ($70,000 beginning in 2004)
for a | ||||||
21 | hazardous waste disposal site receiving hazardous
waste if | ||||||
22 | the hazardous waste disposal site is located off the site | ||||||
23 | where
such waste was produced;
| ||||||
24 | (2) $9,000 ($18,000 beginning in 2004)
for a hazardous | ||||||
25 | waste disposal site receiving hazardous waste
if the | ||||||
26 | hazardous waste disposal site is located on the site where |
| |||||||
| |||||||
1 | such
waste was produced;
| ||||||
2 | (3) $7,000 ($14,000 beginning in 2004)
for a hazardous | ||||||
3 | waste disposal site receiving hazardous waste
if the | ||||||
4 | hazardous waste disposal site is an underground injection | ||||||
5 | well;
| ||||||
6 | (4) $2,000 ($4,000 beginning in 2004)
for a hazardous | ||||||
7 | waste management facility treating
hazardous waste by | ||||||
8 | incineration;
| ||||||
9 | (5) $1,000 ($2,000 beginning in 2004)
for a hazardous | ||||||
10 | waste management facility treating hazardous
waste by a | ||||||
11 | method, technique or process other than incineration;
| ||||||
12 | (6) $1,000 ($2,000 beginning in 2004)
for a hazardous | ||||||
13 | waste management facility storing hazardous
waste in a | ||||||
14 | surface impoundment or pile;
| ||||||
15 | (7) $250 ($500 beginning in 2004)
for a hazardous | ||||||
16 | waste management facility storing hazardous
waste other | ||||||
17 | than in a surface impoundment or pile; and
| ||||||
18 | (8) Beginning in 2004, $500 for a large quantity | ||||||
19 | hazardous waste
generator required to submit an annual or | ||||||
20 | biennial report for hazardous waste
generation.
| ||||||
21 | (c) Where two or more operational units are located within | ||||||
22 | a single
hazardous waste disposal site, the Agency shall | ||||||
23 | collect from the owner or
operator of such site an annual fee | ||||||
24 | equal to the highest fee imposed by
subsection (b) of this | ||||||
25 | Section upon any single operational unit within the
site.
| ||||||
26 | (d) The fee imposed upon a hazardous waste disposal site |
| |||||||
| |||||||
1 | under this
Section shall be the exclusive permit and | ||||||
2 | inspection fee applicable to
hazardous waste disposal at such | ||||||
3 | site, provided that nothing in this
Section shall be construed | ||||||
4 | to diminish or otherwise affect any fee imposed
upon the owner | ||||||
5 | or operator of a hazardous waste disposal site by Section | ||||||
6 | 22.2.
| ||||||
7 | (e) The Agency shall establish procedures, no later than | ||||||
8 | December 1,
1984, relating to the collection of the hazardous | ||||||
9 | waste disposal site
fees authorized by this Section. Such | ||||||
10 | procedures shall include, but not be
limited to the time and | ||||||
11 | manner of payment of fees to the Agency, which
shall be | ||||||
12 | quarterly, payable at the beginning of each quarter for | ||||||
13 | hazardous
waste disposal site fees. Annual fees required under | ||||||
14 | paragraph (7) of
subsection (b) of this Section shall | ||||||
15 | accompany the annual report required
by Board regulations for | ||||||
16 | the calendar year for which the report applies.
| ||||||
17 | (f) For purposes of this Section, a hazardous waste | ||||||
18 | disposal site
consists of one or more of the following | ||||||
19 | operational units:
| ||||||
20 | (1) a landfill receiving hazardous waste for disposal;
| ||||||
21 | (2) a waste pile or surface impoundment, receiving | ||||||
22 | hazardous waste, in
which residues which exhibit any of | ||||||
23 | the characteristics of hazardous waste
pursuant to Board | ||||||
24 | regulations are reasonably expected to remain after | ||||||
25 | closure;
| ||||||
26 | (3) a land treatment facility receiving hazardous |
| |||||||
| |||||||
1 | waste; or
| ||||||
2 | (4) a well injecting hazardous waste.
| ||||||
3 | (g) The Agency shall assess a fee for each manifest | ||||||
4 | provided by the
Agency. For manifests provided on or after | ||||||
5 | January 1, 1989 but before July 1,
2003, the fee shall be $1 | ||||||
6 | per manifest. For manifests provided on or after
July 1, 2003, | ||||||
7 | the fee shall be $3 per manifest.
| ||||||
8 | (Source: P.A. 98-78, eff. 7-15-13; 98-692, eff. 7-1-14; | ||||||
9 | 98-822, eff. 8-1-14.)
| ||||||
10 | Section 20-75. The Toxic Pollution Prevention Act is | ||||||
11 | amended by changing Section 5 as follows:
| ||||||
12 | (415 ILCS 85/5) (from Ch. 111 1/2, par. 7955)
| ||||||
13 | Sec. 5. Toxic Pollution Prevention Assistance Program. | ||||||
14 | There is
hereby established a Toxic Pollution Prevention | ||||||
15 | Assistance Program at the Illinois Sustainable Technology
| ||||||
16 | Center. The Center may establish
cooperative programs with | ||||||
17 | public and private colleges and universities
designed to | ||||||
18 | augment the implementation of this Section. The Center may
| ||||||
19 | establish fees, tuition, or other financial charges for | ||||||
20 | participation in
the Assistance Program. These monies shall be | ||||||
21 | deposited in the Toxic
Pollution Prevention Fund established | ||||||
22 | in Section 7 of this Act. Through the
Assistance Program, the | ||||||
23 | Center:
| ||||||
24 | (1) Shall provide general information about and |
| |||||||
| |||||||
1 | actively publicize the
advantages of and developments in | ||||||
2 | toxic pollution prevention and sustainability practices.
| ||||||
3 | (2) May establish courses, seminars, conferences and | ||||||
4 | other events, and
reports, updates, guides and other | ||||||
5 | publications and other means of
providing technical | ||||||
6 | information for industries, local governments and
citizens | ||||||
7 | concerning toxic pollution prevention strategies, and may, | ||||||
8 | as
appropriate, work in cooperation with the Agency.
| ||||||
9 | (3) Shall engage in research on toxic pollution | ||||||
10 | prevention
methods. Such research shall include | ||||||
11 | assessments of the impact
of adopting toxic pollution | ||||||
12 | prevention methods on the environment, the
public health, | ||||||
13 | and worker exposure, and assessments of the impact on
| ||||||
14 | profitability and employment within affected industries.
| ||||||
15 | (4) Shall provide on-site technical
consulting, to the | ||||||
16 | extent practicable, to help facilities to
identify | ||||||
17 | opportunities for toxic pollution prevention, and to | ||||||
18 | develop
comprehensive toxic pollution prevention plans | ||||||
19 | that would include water, energy, and solid waste. To be | ||||||
20 | eligible for such
consulting, the owner or operator of a | ||||||
21 | facility must agree to allow
information regarding the | ||||||
22 | results of such consulting to be shared with the
public, | ||||||
23 | provided that the identity of the facility shall be made | ||||||
24 | available only
with its consent, and trade secret | ||||||
25 | information shall remain protected.
| ||||||
26 | (5) May sponsor pilot projects in cooperation with the
|
| |||||||
| |||||||
1 | Agency, or an institute of higher education to develop
and | ||||||
2 | demonstrate innovative technologies and methods for toxic | ||||||
3 | pollution
prevention and sustainable development. The | ||||||
4 | results of all such projects shall be available for use by
| ||||||
5 | the public, but trade secret information shall remain | ||||||
6 | protected.
| ||||||
7 | (6) May award grants for activities that further the | ||||||
8 | purposes of this
Act, including but not limited to the | ||||||
9 | following:
| ||||||
10 | (A) grants to not-for-profit organizations to | ||||||
11 | establish free or
low-cost technical assistance or | ||||||
12 | educational programs to supplement the
toxic pollution | ||||||
13 | prevention activities of the Center;
| ||||||
14 | (B) grants to assist trade associations, business | ||||||
15 | organizations, labor
organizations and educational | ||||||
16 | institutions in developing training materials
to | ||||||
17 | foster toxic pollution prevention; and
| ||||||
18 | (C) grants to assist industry, business | ||||||
19 | organizations, labor
organizations, education | ||||||
20 | institutions and industrial hygienists to
identify, | ||||||
21 | evaluate and implement toxic pollution prevention | ||||||
22 | measures and
alternatives through audits, plans and | ||||||
23 | programs.
| ||||||
24 | The Center may establish criteria and terms for such | ||||||
25 | grants, including a
requirement that a grantee provide | ||||||
26 | matching funds. Grant money awarded
under this Section may |
| |||||||
| |||||||
1 | not be spent for capital improvements or equipment.
| ||||||
2 | In determining whether to award a grant, the Center | ||||||
3 | shall
consider at least the following:
| ||||||
4 | (i) the potential of the project to prevent | ||||||
5 | pollution;
| ||||||
6 | (ii) the likelihood that the project will develop | ||||||
7 | techniques or
processes that will minimize the | ||||||
8 | transfer of pollution from one
environmental medium to | ||||||
9 | another;
| ||||||
10 | (iii) the extent to which information to be | ||||||
11 | developed through the
project will be applicable to | ||||||
12 | other persons in the State; and
| ||||||
13 | (iv) the willingness of the grant applicant to | ||||||
14 | assist the Center in
disseminating information about | ||||||
15 | the pollution prevention methods to be
developed | ||||||
16 | through the project.
| ||||||
17 | (7) Shall establish and operate a State information | ||||||
18 | clearinghouse
that
assembles, catalogues and disseminates | ||||||
19 | information about toxic pollution
prevention and available | ||||||
20 | consultant services. Such clearinghouse shall
include a | ||||||
21 | computer database containing information on managerial, | ||||||
22 | technical
and operational approaches to achieving toxic | ||||||
23 | pollution prevention. The
computer database must be | ||||||
24 | maintained on a system designed to enable
businesses, | ||||||
25 | governmental agencies and the general public readily to | ||||||
26 | obtain
information specific to production technologies, |
| |||||||
| |||||||
1 | materials, operations and
products. A business shall not | ||||||
2 | be required to submit to the clearinghouse
any information | ||||||
3 | that is a trade secret.
| ||||||
4 | (8) May contract with an established institution of | ||||||
5 | higher education
to assist the Center in carrying out the | ||||||
6 | provisions of this Section. The
assistance provided by | ||||||
7 | such an institution may include, but need not be
limited | ||||||
8 | to:
| ||||||
9 | (A) engineering field internships to assist | ||||||
10 | industries in
identifying
toxic pollution prevention | ||||||
11 | opportunities;
| ||||||
12 | (B) development of a toxic pollution prevention | ||||||
13 | curriculum for
students and faculty; and
| ||||||
14 | (C) applied toxic pollution prevention and | ||||||
15 | recycling research.
| ||||||
16 | (9) Shall emphasize assistance to businesses that have | ||||||
17 | inadequate
technical and financial resources to obtain | ||||||
18 | information and to assess and
implement toxic pollution | ||||||
19 | prevention methods.
| ||||||
20 | (10) Shall publish a biannual report on its toxic | ||||||
21 | pollution
prevention and sustainable development | ||||||
22 | activities, achievements, identified problems and future | ||||||
23 | goals.
| ||||||
24 | (Source: P.A. 98-346, eff. 8-14-13.)
| ||||||
25 | Section 20-80. The Illinois Endangered Species Protection |
| |||||||
| |||||||
1 | Act is amended by changing Section 10 as follows:
| ||||||
2 | (520 ILCS 10/10) (from Ch. 8, par. 340)
| ||||||
3 | Sec. 10.
The Endangered and Threatened Species Program | ||||||
4 | shall be
located within the Department of Conservation . All | ||||||
5 | fines collected under
this Act shall be paid to the State
| ||||||
6 | Treasurer and deposited in the Illinois Wildlife Preservation | ||||||
7 | Nongame Wildlife Conservation Fund.
| ||||||
8 | (Source: P.A. 84-1065.)
| ||||||
9 | Section 20-85. The Illinois Vehicle Code is amended by | ||||||
10 | changing Section 11-1429 as follows:
| ||||||
11 | (625 ILCS 5/11-1429) | ||||||
12 | Sec. 11-1429. Excessive idling. | ||||||
13 | (a) The purpose of this law is to protect public health and | ||||||
14 | the environment by reducing emissions while conserving fuel | ||||||
15 | and maintaining adequate rest and safety of all drivers of | ||||||
16 | diesel vehicles. | ||||||
17 | (b) As used in this Section, "affected areas" means the | ||||||
18 | counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, | ||||||
19 | St. Clair, and Monroe and the townships of Aux Sable and Goose | ||||||
20 | Lake in Grundy County and the township of Oswego in Kendall | ||||||
21 | County. | ||||||
22 | (c) A person that operates a motor
vehicle operating on | ||||||
23 | diesel fuel in an affected area may not cause or allow the
|
| |||||||
| |||||||
1 | motor vehicle, when it is not in motion, to idle for more than
| ||||||
2 | a total of 10 minutes within any 60 minute period, except under | ||||||
3 | the following circumstances:
| ||||||
4 | (1) the motor vehicle has a Gross Vehicle Weight | ||||||
5 | Rating
of less than 8,000 pounds;
| ||||||
6 | (2) the motor vehicle idles while forced to remain | ||||||
7 | motionless because of on-highway traffic, an official | ||||||
8 | traffic control device or signal, or at the direction of a | ||||||
9 | law enforcement official;
| ||||||
10 | (3) the motor vehicle idles when operating defrosters, | ||||||
11 | heaters, air conditioners, or other equipment solely to | ||||||
12 | prevent a safety or health emergency;
| ||||||
13 | (4) a police, fire, ambulance, public safety, other | ||||||
14 | emergency or law enforcement motor vehicle, or any motor | ||||||
15 | vehicle used in an emergency capacity, idles while in an | ||||||
16 | emergency or training mode and not for the convenience of | ||||||
17 | the vehicle operator;
| ||||||
18 | (5) the primary propulsion engine idles for | ||||||
19 | maintenance, servicing, repairing, or diagnostic purposes | ||||||
20 | if idling is necessary for such activity;
| ||||||
21 | (6) a motor vehicle idles as part of a government | ||||||
22 | inspection to verify that all equipment is in good working | ||||||
23 | order, provided idling is required as part of the | ||||||
24 | inspection;
| ||||||
25 | (7) when idling of the motor vehicle is required to | ||||||
26 | operate auxiliary equipment to accomplish the intended use |
| |||||||
| |||||||
1 | of the vehicle (such as loading, unloading, mixing, or | ||||||
2 | processing cargo; controlling cargo temperature; | ||||||
3 | construction operations; lumbering operations; oil or gas | ||||||
4 | well servicing; or farming operations), provided that this | ||||||
5 | exemption does not apply when the vehicle is idling solely | ||||||
6 | for cabin comfort or to operate non-essential equipment | ||||||
7 | such as air conditioning, heating, microwave ovens, or | ||||||
8 | televisions;
| ||||||
9 | (8) an armored motor vehicle idles when a person | ||||||
10 | remains inside the vehicle to guard the contents, or while | ||||||
11 | the vehicle is being loaded or unloaded;
| ||||||
12 | (9) a bus idles a maximum of 15 minutes in any 60 | ||||||
13 | minute period to maintain passenger comfort while | ||||||
14 | non-driver passengers are on board;
| ||||||
15 | (10) if the motor vehicle has a sleeping berth, when | ||||||
16 | the operator is occupying the vehicle during a rest or | ||||||
17 | sleep period and idling of the vehicle is required to | ||||||
18 | operate air conditioning or heating;
| ||||||
19 | (11) when the motor vehicle idles due to mechanical | ||||||
20 | difficulties over which the operator has no control;
| ||||||
21 | (12) the motor vehicle is used as airport ground | ||||||
22 | support
equipment, including, but not limited to, motor | ||||||
23 | vehicles
operated on the air side of the airport terminal | ||||||
24 | to service
or supply aircraft;
| ||||||
25 | (13) the motor vehicle is (i) a bus owned by a public
| ||||||
26 | transit authority and (ii) being operated on a designated
|
| |||||||
| |||||||
1 | bus route or on a street or highway between designated bus
| ||||||
2 | routes for the provision of public transportation;
| ||||||
3 | (14) the motor vehicle is an implement of husbandry
| ||||||
4 | exempt from registration under subdivision A(2) of Section
| ||||||
5 | 3-402 of this Code;
| ||||||
6 | (15) the motor vehicle is owned by an electric utility | ||||||
7 | and is operated for electricity generation or hydraulic | ||||||
8 | pressure to power equipment necessary in the restoration, | ||||||
9 | repair, modification or installation of electric utility | ||||||
10 | service; | ||||||
11 | (16) the outdoor temperature is less than 32 degrees | ||||||
12 | Fahrenheit or greater than 80 degrees Fahrenheit; or | ||||||
13 | (17) the motor vehicle idles while being operated by a | ||||||
14 | remote starter system. | ||||||
15 | (d) When the outdoor temperature is 32 degrees Fahrenheit | ||||||
16 | or higher and 80 degrees Fahrenheit or lower, a person who | ||||||
17 | operates a motor vehicle operating on diesel fuel in an | ||||||
18 | affected area may not cause or allow the motor vehicle to idle | ||||||
19 | for a period greater than 30 minutes in any 60 minute period | ||||||
20 | while waiting to weigh, load, or unload cargo or freight, | ||||||
21 | unless the vehicle is in a line of vehicles that regularly and | ||||||
22 | periodically moves forward.
| ||||||
23 | (e) This Section does not prohibit the operation of an | ||||||
24 | auxiliary power unit or generator set as an alternative to | ||||||
25 | idling the main engine of a motor vehicle operating on diesel | ||||||
26 | fuel.
|
| |||||||
| |||||||
1 | (f) This Section does not apply to the owner of a motor | ||||||
2 | vehicle rented or leased to another entity or person operating | ||||||
3 | the vehicle. | ||||||
4 | (g) Any person convicted of any violation of this Section | ||||||
5 | is guilty of
a petty offense and shall be fined $90 for the | ||||||
6 | first
conviction and $500 for a second or subsequent | ||||||
7 | conviction
within any 12 month period.
| ||||||
8 | (h) Fines; distribution. All fines and all penalties | ||||||
9 | collected under this Section shall be deposited in the State | ||||||
10 | Treasury and shall be distributed as follows: (i) $50 for the | ||||||
11 | first conviction and $150 for a second or subsequent | ||||||
12 | conviction within any 12 month period under this Section shall | ||||||
13 | be deposited into the State's General Revenue Fund; (ii) $20 | ||||||
14 | for the first conviction and $262.50 for a second or | ||||||
15 | subsequent conviction within any 12 month period under this | ||||||
16 | Section shall be distributed to the law enforcement agency | ||||||
17 | that issued the citation; and (iii) $20 for the first | ||||||
18 | conviction and $87.50 for a second or subsequent conviction | ||||||
19 | within any 12 month period under this Section shall be | ||||||
20 | deposited into the Vehicle Inspection Trucking Environmental | ||||||
21 | and Education Fund. | ||||||
22 | (i) (Blank). The Trucking Environmental and Education Fund | ||||||
23 | is created as a special fund in the State Treasury. All money | ||||||
24 | deposited into the Trucking Environmental and Education Fund | ||||||
25 | shall be paid, subject to appropriation by the General | ||||||
26 | Assembly, to the Illinois Environmental Protection Agency for |
| |||||||
| |||||||
1 | the purpose of educating the trucking industry on air | ||||||
2 | pollution and preventative measures specifically related to | ||||||
3 | idling. Any interest earned on deposits into the Fund shall | ||||||
4 | remain in the Fund and be used for the purposes set forth in | ||||||
5 | this subsection. Notwithstanding any other law to the | ||||||
6 | contrary, the Fund is not subject to administrative charges or | ||||||
7 | charge-backs that would in any way transfer moneys from the | ||||||
8 | Fund into any other fund of the State. | ||||||
9 | (j) Notwithstanding any other provision of this Section, a | ||||||
10 | person who operates a motor vehicle with a gross vehicle | ||||||
11 | weight rating of 8,000 pounds or more operating on diesel fuel | ||||||
12 | on property that (i) offers paid parking services to vehicle | ||||||
13 | owners, (ii) does not involve fuel dispensing, and (iii) is | ||||||
14 | located in an affected area within a county of over 3 million | ||||||
15 | residents but outside of a municipality of over 2 million | ||||||
16 | residents may not cause or allow the motor vehicle, when it is | ||||||
17 | not in motion, to idle for more than a total of 10 minutes | ||||||
18 | within any 60-minute period under any circumstances if the | ||||||
19 | vehicle is within 200 feet of a residential area. This Section | ||||||
20 | may be enforced by either the law enforcement agency having | ||||||
21 | jurisdiction over the residential area or the law enforcement | ||||||
22 | agency having jurisdiction over the property on which the | ||||||
23 | violation took place. This subsection does not apply to: | ||||||
24 | (1) school buses; | ||||||
25 | (2) waste hauling vehicles; | ||||||
26 | (3) facilities operated by the Department of |
| |||||||
| |||||||
1 | Transportation; | ||||||
2 | (4) vehicles owned by a public utility and operated to | ||||||
3 | power equipment necessary in the restoration, repair, | ||||||
4 | modification, or installation of a utility service; or | ||||||
5 | (5) ambulances. | ||||||
6 | (Source: P.A. 100-435, eff. 8-25-17; 101-319, eff. 1-1-20 .)
| ||||||
7 | Section 20-90. The Unified Code of Corrections is amended | ||||||
8 | by changing Section 5-9-1.8 as follows:
| ||||||
9 | (730 ILCS 5/5-9-1.8)
| ||||||
10 | Sec. 5-9-1.8. Child pornography fines. Beginning July 1, | ||||||
11 | 2006, 100% of the fines in
excess of $10,000 collected for | ||||||
12 | violations of Section 11-20.1 of the Criminal
Code of 1961 or | ||||||
13 | the Criminal Code of 2012 shall be deposited into the Child | ||||||
14 | Abuse Prevention Fund that is
created in the State Treasury . | ||||||
15 | Moneys in the Fund resulting from the fines
shall be for the | ||||||
16 | use of the
Department of Children and Family Services for | ||||||
17 | grants to private entities
giving treatment and counseling to | ||||||
18 | victims of child sexual abuse. | ||||||
19 | Notwithstanding any other provision of law, in addition to | ||||||
20 | any other transfers that may be provided by law, on July 1, | ||||||
21 | 2006, or as soon thereafter as practical, the State | ||||||
22 | Comptroller shall direct and the State Treasurer shall | ||||||
23 | transfer the remaining balance from the Child Sexual Abuse | ||||||
24 | Fund into the Child Abuse Prevention Fund. Upon completion of |
| |||||||
| |||||||
1 | the transfer, the Child Sexual Abuse Fund is dissolved, and | ||||||
2 | any future deposits due to that Fund and any outstanding | ||||||
3 | obligations or liabilities of the Fund pass to the Child Abuse | ||||||
4 | Prevention Fund.
| ||||||
5 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
6 | Section 20-95. The Franchise Tax and License Fee Amnesty | ||||||
7 | Act of 2007 is amended by changing Section 5-10 as follows:
| ||||||
8 | (805 ILCS 8/5-10)
| ||||||
9 | Sec. 5-10. Amnesty program. The Secretary shall establish | ||||||
10 | an amnesty program for all taxpayers owing any franchise tax | ||||||
11 | or license fee imposed by Article XV of the Business | ||||||
12 | Corporation Act of 1983. The amnesty program shall be for a | ||||||
13 | period from February 1, 2008 through March 15, 2008. The | ||||||
14 | amnesty program shall also be for a period between October 1, | ||||||
15 | 2019 and November 15, 2019, and shall apply to franchise tax or | ||||||
16 | license fee liabilities for any tax period ending after March | ||||||
17 | 15, 2008 and on or before June 30, 2019. The amnesty program | ||||||
18 | shall provide that, upon payment by a taxpayer of all | ||||||
19 | franchise taxes and license fees due from that taxpayer to the | ||||||
20 | State of Illinois for any taxable period, the Secretary shall | ||||||
21 | abate and not seek to collect any interest or penalties that | ||||||
22 | may be applicable, and the Secretary shall not seek civil or | ||||||
23 | criminal prosecution for any taxpayer for the period of time | ||||||
24 | for which amnesty has been granted to the taxpayer. Failure to |
| |||||||
| |||||||
1 | pay all taxes due to the State for a taxable period shall not | ||||||
2 | invalidate any amnesty granted under this Act with respect to | ||||||
3 | the taxes paid pursuant to the amnesty program. Amnesty shall | ||||||
4 | be granted only if all amnesty conditions are satisfied by the | ||||||
5 | taxpayer. Amnesty shall not be granted to taxpayers who are a | ||||||
6 | party to any criminal investigation or to any civil or | ||||||
7 | criminal litigation that is pending in any circuit court or | ||||||
8 | appellate court or the Supreme Court of this State for | ||||||
9 | nonpayment, delinquency, or fraud in relation to any franchise | ||||||
10 | tax or license fee imposed by Article XV of the Business | ||||||
11 | Corporation Act of 1983. Voluntary payments made under this | ||||||
12 | Act shall be made by check, guaranteed remittance, or ACH | ||||||
13 | debit. The Secretary shall adopt rules as necessary to | ||||||
14 | implement the provisions of this Act. Except as otherwise | ||||||
15 | provided in this Section, all money collected under this Act | ||||||
16 | that would otherwise be deposited into the General Revenue | ||||||
17 | Fund shall be deposited into the General Revenue Fund. Two | ||||||
18 | percent of all money collected under this Act shall be | ||||||
19 | deposited by the State Treasurer into the Department of | ||||||
20 | Business Services Special Operations Fund and, subject to | ||||||
21 | appropriation, shall be used by the Secretary to cover costs | ||||||
22 | associated with the administration of this Act.
| ||||||
23 | (Source: P.A. 101-9, eff. 6-5-19; 101-604, eff. 12-13-19.)
| ||||||
24 | Section 20-100. The Consumer Fraud and Deceptive Business | ||||||
25 | Practices Act is amended by changing Section 7 as follows:
|
| |||||||
| |||||||
1 | (815 ILCS 505/7) (from Ch. 121 1/2, par. 267)
| ||||||
2 | Sec. 7. Injunctive relief; restitution; and civil | ||||||
3 | penalties.
| ||||||
4 | (a) Whenever the Attorney General or a State's Attorney | ||||||
5 | has reason to
believe that any person is using, has used, or is | ||||||
6 | about to use any method,
act or practice declared by this Act | ||||||
7 | to be
unlawful, and that proceedings would be in the public | ||||||
8 | interest, he or she
may bring an action in the name of the | ||||||
9 | People of the State against
such person to restrain by | ||||||
10 | preliminary or permanent injunction the use of
such method, | ||||||
11 | act or practice. The Court, in its discretion, may exercise
| ||||||
12 | all powers necessary, including but not limited to: | ||||||
13 | injunction;
revocation, forfeiture or suspension of any | ||||||
14 | license, charter, franchise,
certificate or other evidence of | ||||||
15 | authority of any person to do business in
this State; | ||||||
16 | appointment of a receiver; dissolution of domestic | ||||||
17 | corporations
or association suspension or termination of the | ||||||
18 | right of foreign
corporations or associations to do business | ||||||
19 | in this State; and restitution.
| ||||||
20 | (b) In addition to the remedies provided herein, the | ||||||
21 | Attorney General or
State's Attorney may request and the Court | ||||||
22 | may impose a civil penalty in a sum
not to exceed $50,000 | ||||||
23 | against any person found by the Court to have engaged in
any | ||||||
24 | method, act or practice declared unlawful under this Act.
In | ||||||
25 | the event the court finds the method, act or practice to have |
| |||||||
| |||||||
1 | been entered
into with the intent to defraud, the court has the | ||||||
2 | authority to impose a
civil penalty in a sum not to exceed | ||||||
3 | $50,000 per violation.
| ||||||
4 | (c) In addition to any other civil penalty provided in | ||||||
5 | this Section, if a
person is found by the court to have engaged | ||||||
6 | in any method, act, or practice
declared unlawful under this | ||||||
7 | Act, and the violation was committed against a
person 65 years | ||||||
8 | of age or older, the court may impose an additional civil
| ||||||
9 | penalty not to exceed $10,000 for each violation.
| ||||||
10 | A civil penalty imposed under this subsection (c) shall be | ||||||
11 | paid to the
State Treasurer
who shall deposit the money in the | ||||||
12 | State treasury in a special fund designated
the Department on | ||||||
13 | Aging State Projects Elderly Victim Fund. The Treasurer shall | ||||||
14 | deposit such moneys into the
Fund monthly. All of the moneys | ||||||
15 | deposited into the Fund shall be appropriated
to the | ||||||
16 | Department on Aging for grants to senior centers in Illinois.
| ||||||
17 | An award of restitution under subsection (a) has priority | ||||||
18 | over a civil
penalty
imposed by the court under this | ||||||
19 | subsection.
| ||||||
20 | In determining whether to impose a civil penalty under | ||||||
21 | this subsection
and the amount of any penalty, the court shall | ||||||
22 | consider the following:
| ||||||
23 | (1) Whether the defendant's conduct was in willful | ||||||
24 | disregard of the rights
of the person 65 years of age or | ||||||
25 | older.
| ||||||
26 | (2) Whether the defendant knew or should have known |
| |||||||
| |||||||
1 | that the defendant's
conduct was directed to a person 65 | ||||||
2 | years of age or older.
| ||||||
3 | (3) Whether the person 65 years of age or older was | ||||||
4 | substantially more
vulnerable to the defendant's conduct | ||||||
5 | because of age, poor health, infirmity,
impaired | ||||||
6 | understanding, restricted mobility, or disability, than | ||||||
7 | other persons.
| ||||||
8 | (4) Any other factors the court deems appropriate.
| ||||||
9 | (d) This Section applies if: (i) a court orders a party to | ||||||
10 | make payments
to the Attorney General and the payments are to | ||||||
11 | be used for the operations of
the Office of the Attorney | ||||||
12 | General or (ii) a party agrees, in an Assurance of
Voluntary | ||||||
13 | Compliance under this Act, to make payments to the Attorney | ||||||
14 | General
for the operations of the Office of the Attorney | ||||||
15 | General.
| ||||||
16 | (e) Moneys paid under any of the conditions described in | ||||||
17 | subsection (d)
shall be deposited into the Attorney General | ||||||
18 | Court Ordered and Voluntary
Compliance Payment Projects Fund, | ||||||
19 | which is created as a special fund in the
State Treasury. | ||||||
20 | Moneys in the Fund shall be used, subject to appropriation,
| ||||||
21 | for the performance of any function pertaining to the exercise | ||||||
22 | of the duties of
the Attorney General including but not | ||||||
23 | limited to enforcement of any law of
this State and conducting | ||||||
24 | public education programs; however, any moneys in the
Fund | ||||||
25 | that are required by the court or by an agreement to be used | ||||||
26 | for a
particular purpose shall be used for that purpose.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-246, eff. 7-22-03.)
| ||||||
2 | ARTICLE 25. FINANCE-SPECIAL FUNDS REPEAL
| ||||||
3 | (20 ILCS 690/Act rep.)
| ||||||
4 | Section 25-5. The Rural Diversification Act is repealed.
| ||||||
5 | (20 ILCS 1305/10-20 rep.)
| ||||||
6 | Section 25-10. The Department of Human Services Act is | ||||||
7 | amended by repealing Section 10-20.
| ||||||
8 | (20 ILCS 2310/2310-370 rep.)
| ||||||
9 | Section 25-15. The Department of Public Health Powers and | ||||||
10 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
11 | amended by repealing Section 2310-370.
| ||||||
12 | (20 ILCS 2705/2705-610 rep.) | ||||||
13 | Section 25-20. The Department of Transportation Law of the
| ||||||
14 | Civil Administrative Code of Illinois is amended by repealing | ||||||
15 | Section 2705-610.
| ||||||
16 | (20 ILCS 3930/9.2 rep.)
| ||||||
17 | Section 25-25. The Illinois Criminal Justice Information | ||||||
18 | Act is amended by repealing Section 9.2.
| ||||||
19 | (30 ILCS 105/5.216 rep.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.480 rep.)
| ||||||
2 | (30 ILCS 105/5.502 rep.)
| ||||||
3 | (30 ILCS 105/5.524 rep.)
| ||||||
4 | (30 ILCS 105/5.578 rep.)
| ||||||
5 | (30 ILCS 105/5.638 rep.)
| ||||||
6 | (30 ILCS 105/5.655 rep.)
| ||||||
7 | (30 ILCS 105/5.662 rep.)
| ||||||
8 | (30 ILCS 105/5.718 rep.) | ||||||
9 | (30 ILCS 105/5.732 rep.) | ||||||
10 | (30 ILCS 105/5.838 rep.) | ||||||
11 | (30 ILCS 105/5.917 rep.)
| ||||||
12 | (30 ILCS 105/5.923 rep.)
| ||||||
13 | (30 ILCS 105/5.925 rep.)
| ||||||
14 | (30 ILCS 105/6y rep.)
| ||||||
15 | (30 ILCS 105/6z-68 rep.) | ||||||
16 | (30 ILCS 105/6z-71 rep.)
| ||||||
17 | (30 ILCS 105/8.8b rep.)
| ||||||
18 | (30 ILCS 105/8.23 rep.)
| ||||||
19 | (30 ILCS 105/8.25b rep.)
| ||||||
20 | (30 ILCS 105/8.25d rep.)
| ||||||
21 | (30 ILCS 105/8.41 rep.)
| ||||||
22 | (30 ILCS 105/8.42 rep.)
| ||||||
23 | (30 ILCS 105/8.43 rep.) | ||||||
24 | (30 ILCS 105/8.44 rep.) | ||||||
25 | (30 ILCS 105/8.45 rep.) | ||||||
26 | (30 ILCS 105/8.46 rep.) |
| |||||||
| |||||||
1 | (30 ILCS 105/8.47 rep.) | ||||||
2 | (30 ILCS 105/8.48 rep.) | ||||||
3 | (30 ILCS 105/8.49 rep.) | ||||||
4 | (30 ILCS 105/8.50 rep.) | ||||||
5 | (30 ILCS 105/8.52 rep.) | ||||||
6 | (30 ILCS 105/8.55 rep.)
| ||||||
7 | (30 ILCS 105/8d rep.)
| ||||||
8 | (30 ILCS 105/8e rep.)
| ||||||
9 | (30 ILCS 105/8h rep.)
| ||||||
10 | (30 ILCS 105/8i rep.)
| ||||||
11 | (30 ILCS 105/8m rep.) | ||||||
12 | (30 ILCS 105/8n rep.) | ||||||
13 | (30 ILCS 105/8o rep.) | ||||||
14 | (30 ILCS 105/9.07 rep.) | ||||||
15 | (30 ILCS 105/8r rep.) | ||||||
16 | (30 ILCS 105/14.2 rep.) | ||||||
17 | (30 ILCS 105/24.12 rep.) | ||||||
18 | (30 ILCS 105/24.13 rep.) | ||||||
19 | (30 ILCS 105/25.2 rep.) | ||||||
20 | (30 ILCS 105/25.5 rep.) | ||||||
21 | Section 25-30. The State Finance Act is amended by | ||||||
22 | repealing Sections 5.216, 5.480, 5.502, 5.524, 5.578, 5.638, | ||||||
23 | 5.655, 5.662, 5.718, 5.732, 5.838, 5.917, 5.923, 5.925, 6y, | ||||||
24 | 6z-68, 6z-71, 8.8b, 8.23, 8.25b, 8.25d, 8.41, 8.42, 8.43, | ||||||
25 | 8.44, 8.45, 8.46, 8.47, 8.48, 8.49, 8.50, 8.52, 8.55, 8d, 8e, | ||||||
26 | 8h, 8i, 8m, 8n, 8o, 9.07, 8r, 14.2, 24.12, 24.13, 25.2, and |
| |||||||
| |||||||
1 | 25.5.
| ||||||
2 | (30 ILCS 605/8.2 rep.) | ||||||
3 | Section 25-35. The State Property Control Act is amended | ||||||
4 | by repealing Section 8.2.
| ||||||
5 | (30 ILCS 750/Art. 3 rep.) | ||||||
6 | Section 25-40. The Build Illinois Act is amended by | ||||||
7 | repealing Article 3.
| ||||||
8 | (415 ILCS 85/7 rep.)
| ||||||
9 | Section 25-45. The Toxic Pollution Prevention Act is | ||||||
10 | amended by repealing Section 7.
| ||||||
11 | (430 ILCS 65/5.1 rep.) | ||||||
12 | Section 25-50. The Firearm Owners Identification Card Act | ||||||
13 | is amended by repealing Section 5.1.
| ||||||
14 | ARTICLE 30. COMMUNITY CARE PROGRAM | ||||||
15 | Section 30-5. The Illinois Act on the Aging is amended by | ||||||
16 | changing Section 4.02 as follows:
| ||||||
17 | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
| ||||||
18 | Sec. 4.02. Community Care Program. The Department shall | ||||||
19 | establish a program of services to
prevent unnecessary |
| |||||||
| |||||||
1 | institutionalization of persons age 60 and older in
need of | ||||||
2 | long term care or who are established as persons who suffer | ||||||
3 | from
Alzheimer's disease or a related disorder under the | ||||||
4 | Alzheimer's Disease
Assistance Act, thereby enabling them
to | ||||||
5 | remain in their own homes or in other living arrangements. | ||||||
6 | Such
preventive services, which may be coordinated with other | ||||||
7 | programs for the
aged and monitored by area agencies on aging | ||||||
8 | in cooperation with the
Department, may include, but are not | ||||||
9 | limited to, any or all of the following:
| ||||||
10 | (a) (blank);
| ||||||
11 | (b) (blank);
| ||||||
12 | (c) home care aide services;
| ||||||
13 | (d) personal assistant services;
| ||||||
14 | (e) adult day services;
| ||||||
15 | (f) home-delivered meals;
| ||||||
16 | (g) education in self-care;
| ||||||
17 | (h) personal care services;
| ||||||
18 | (i) adult day health services;
| ||||||
19 | (j) habilitation services;
| ||||||
20 | (k) respite care;
| ||||||
21 | (k-5) community reintegration services;
| ||||||
22 | (k-6) flexible senior services; | ||||||
23 | (k-7) medication management; | ||||||
24 | (k-8) emergency home response;
| ||||||
25 | (l) other nonmedical social services that may enable | ||||||
26 | the person
to become self-supporting; or
|
| |||||||
| |||||||
1 | (m) clearinghouse for information provided by senior | ||||||
2 | citizen home owners
who want to rent rooms to or share | ||||||
3 | living space with other senior citizens.
| ||||||
4 | The Department shall establish eligibility standards for | ||||||
5 | such
services. In determining the amount and nature of | ||||||
6 | services
for which a person may qualify, consideration shall | ||||||
7 | not be given to the
value of cash, property or other assets | ||||||
8 | held in the name of the person's
spouse pursuant to a written | ||||||
9 | agreement dividing marital property into equal
but separate | ||||||
10 | shares or pursuant to a transfer of the person's interest in a
| ||||||
11 | home to his spouse, provided that the spouse's share of the | ||||||
12 | marital
property is not made available to the person seeking | ||||||
13 | such services.
| ||||||
14 | Beginning January 1, 2008, the Department shall require as | ||||||
15 | a condition of eligibility that all new financially eligible | ||||||
16 | applicants apply for and enroll in medical assistance under | ||||||
17 | Article V of the Illinois Public Aid Code in accordance with | ||||||
18 | rules promulgated by the Department.
| ||||||
19 | The Department shall, in conjunction with the Department | ||||||
20 | of Public Aid (now Department of Healthcare and Family | ||||||
21 | Services),
seek appropriate amendments under Sections 1915 and | ||||||
22 | 1924 of the Social
Security Act. The purpose of the amendments | ||||||
23 | shall be to extend eligibility
for home and community based | ||||||
24 | services under Sections 1915 and 1924 of the
Social Security | ||||||
25 | Act to persons who transfer to or for the benefit of a
spouse | ||||||
26 | those amounts of income and resources allowed under Section |
| |||||||
| |||||||
1 | 1924 of
the Social Security Act. Subject to the approval of | ||||||
2 | such amendments, the
Department shall extend the provisions of | ||||||
3 | Section 5-4 of the Illinois
Public Aid Code to persons who, but | ||||||
4 | for the provision of home or
community-based services, would | ||||||
5 | require the level of care provided in an
institution, as is | ||||||
6 | provided for in federal law. Those persons no longer
found to | ||||||
7 | be eligible for receiving noninstitutional services due to | ||||||
8 | changes
in the eligibility criteria shall be given 45 days | ||||||
9 | notice prior to actual
termination. Those persons receiving | ||||||
10 | notice of termination may contact the
Department and request | ||||||
11 | the determination be appealed at any time during the
45 day | ||||||
12 | notice period. The target
population identified for the | ||||||
13 | purposes of this Section are persons age 60
and older with an | ||||||
14 | identified service need. Priority shall be given to those
who | ||||||
15 | are at imminent risk of institutionalization. The services | ||||||
16 | shall be
provided to eligible persons age 60 and older to the | ||||||
17 | extent that the cost
of the services together with the other | ||||||
18 | personal maintenance
expenses of the persons are reasonably | ||||||
19 | related to the standards
established for care in a group | ||||||
20 | facility appropriate to the person's
condition. These | ||||||
21 | non-institutional services, pilot projects or
experimental | ||||||
22 | facilities may be provided as part of or in addition to
those | ||||||
23 | authorized by federal law or those funded and administered by | ||||||
24 | the
Department of Human Services. The Departments of Human | ||||||
25 | Services, Healthcare and Family Services,
Public Health, | ||||||
26 | Veterans' Affairs, and Commerce and Economic Opportunity and
|
| |||||||
| |||||||
1 | other appropriate agencies of State, federal and local | ||||||
2 | governments shall
cooperate with the Department on Aging in | ||||||
3 | the establishment and development
of the non-institutional | ||||||
4 | services. The Department shall require an annual
audit from | ||||||
5 | all personal assistant
and home care aide vendors contracting | ||||||
6 | with
the Department under this Section. The annual audit shall | ||||||
7 | assure that each
audited vendor's procedures are in compliance | ||||||
8 | with Department's financial
reporting guidelines requiring an | ||||||
9 | administrative and employee wage and benefits cost split as | ||||||
10 | defined in administrative rules. The audit is a public record | ||||||
11 | under
the Freedom of Information Act. The Department shall | ||||||
12 | execute, relative to
the nursing home prescreening project, | ||||||
13 | written inter-agency
agreements with the Department of Human | ||||||
14 | Services and the Department
of Healthcare and Family Services, | ||||||
15 | to effect the following: (1) intake procedures and common
| ||||||
16 | eligibility criteria for those persons who are receiving | ||||||
17 | non-institutional
services; and (2) the establishment and | ||||||
18 | development of non-institutional
services in areas of the | ||||||
19 | State where they are not currently available or are
| ||||||
20 | undeveloped. On and after July 1, 1996, all nursing home | ||||||
21 | prescreenings for
individuals 60 years of age or older shall | ||||||
22 | be conducted by the Department.
| ||||||
23 | As part of the Department on Aging's routine training of | ||||||
24 | case managers and case manager supervisors, the Department may | ||||||
25 | include information on family futures planning for persons who | ||||||
26 | are age 60 or older and who are caregivers of their adult |
| |||||||
| |||||||
1 | children with developmental disabilities. The content of the | ||||||
2 | training shall be at the Department's discretion. | ||||||
3 | The Department is authorized to establish a system of | ||||||
4 | recipient copayment
for services provided under this Section, | ||||||
5 | such copayment to be based upon
the recipient's ability to pay | ||||||
6 | but in no case to exceed the actual cost of
the services | ||||||
7 | provided. Additionally, any portion of a person's income which
| ||||||
8 | is equal to or less than the federal poverty standard shall not | ||||||
9 | be
considered by the Department in determining the copayment. | ||||||
10 | The level of
such copayment shall be adjusted whenever | ||||||
11 | necessary to reflect any change
in the officially designated | ||||||
12 | federal poverty standard.
| ||||||
13 | The Department, or the Department's authorized | ||||||
14 | representative, may
recover the amount of moneys expended for | ||||||
15 | services provided to or in
behalf of a person under this | ||||||
16 | Section by a claim against the person's
estate or against the | ||||||
17 | estate of the person's surviving spouse, but no
recovery may | ||||||
18 | be had until after the death of the surviving spouse, if
any, | ||||||
19 | and then only at such time when there is no surviving child who
| ||||||
20 | is under age 21 or blind or who has a permanent and total | ||||||
21 | disability. This
paragraph, however, shall not bar recovery, | ||||||
22 | at the death of the person, of
moneys for services provided to | ||||||
23 | the person or in behalf of the person under
this Section to | ||||||
24 | which the person was not entitled;
provided that such recovery | ||||||
25 | shall not be enforced against any real estate while
it is | ||||||
26 | occupied as a homestead by the surviving spouse or other |
| |||||||
| |||||||
1 | dependent, if no
claims by other creditors have been filed | ||||||
2 | against the estate, or, if such
claims have been filed, they | ||||||
3 | remain dormant for failure of prosecution or
failure of the | ||||||
4 | claimant to compel administration of the estate for the | ||||||
5 | purpose
of payment. This paragraph shall not bar recovery from | ||||||
6 | the estate of a spouse,
under Sections 1915 and 1924 of the | ||||||
7 | Social Security Act and Section 5-4 of the
Illinois Public Aid | ||||||
8 | Code, who precedes a person receiving services under this
| ||||||
9 | Section in death. All moneys for services
paid to or in behalf | ||||||
10 | of the person under this Section shall be claimed for
recovery | ||||||
11 | from the deceased spouse's estate. "Homestead", as used
in | ||||||
12 | this paragraph, means the dwelling house and
contiguous real | ||||||
13 | estate occupied by a surviving spouse
or relative, as defined | ||||||
14 | by the rules and regulations of the Department of Healthcare | ||||||
15 | and Family Services, regardless of the value of the property.
| ||||||
16 | The Department shall increase the effectiveness of the | ||||||
17 | existing Community Care Program by: | ||||||
18 | (1) ensuring that in-home services included in the | ||||||
19 | care plan are available on evenings and weekends; | ||||||
20 | (2) ensuring that care plans contain the services that | ||||||
21 | eligible participants
need based on the number of days in | ||||||
22 | a month, not limited to specific blocks of time, as | ||||||
23 | identified by the comprehensive assessment tool selected | ||||||
24 | by the Department for use statewide, not to exceed the | ||||||
25 | total monthly service cost maximum allowed for each | ||||||
26 | service; the Department shall develop administrative rules |
| |||||||
| |||||||
1 | to implement this item (2); | ||||||
2 | (3) ensuring that the participants have the right to | ||||||
3 | choose the services contained in their care plan and to | ||||||
4 | direct how those services are provided, based on | ||||||
5 | administrative rules established by the Department; | ||||||
6 | (4) ensuring that the determination of need tool is | ||||||
7 | accurate in determining the participants' level of need; | ||||||
8 | to achieve this, the Department, in conjunction with the | ||||||
9 | Older Adult Services Advisory Committee, shall institute a | ||||||
10 | study of the relationship between the Determination of | ||||||
11 | Need scores, level of need, service cost maximums, and the | ||||||
12 | development and utilization of service plans no later than | ||||||
13 | May 1, 2008; findings and recommendations shall be | ||||||
14 | presented to the Governor and the General Assembly no | ||||||
15 | later than January 1, 2009; recommendations shall include | ||||||
16 | all needed changes to the service cost maximums schedule | ||||||
17 | and additional covered services; | ||||||
18 | (5) ensuring that homemakers can provide personal care | ||||||
19 | services that may or may not involve contact with clients, | ||||||
20 | including but not limited to: | ||||||
21 | (A) bathing; | ||||||
22 | (B) grooming; | ||||||
23 | (C) toileting; | ||||||
24 | (D) nail care; | ||||||
25 | (E) transferring; | ||||||
26 | (F) respiratory services; |
| |||||||
| |||||||
1 | (G) exercise; or | ||||||
2 | (H) positioning; | ||||||
3 | (6) ensuring that homemaker program vendors are not | ||||||
4 | restricted from hiring homemakers who are family members | ||||||
5 | of clients or recommended by clients; the Department may | ||||||
6 | not, by rule or policy, require homemakers who are family | ||||||
7 | members of clients or recommended by clients to accept | ||||||
8 | assignments in homes other than the client; | ||||||
9 | (7) ensuring that the State may access maximum federal | ||||||
10 | matching funds by seeking approval for the Centers for | ||||||
11 | Medicare and Medicaid Services for modifications to the | ||||||
12 | State's home and community based services waiver and | ||||||
13 | additional waiver opportunities, including applying for | ||||||
14 | enrollment in the Balance Incentive Payment Program by May | ||||||
15 | 1, 2013, in order to maximize federal matching funds; this | ||||||
16 | shall include, but not be limited to, modification that | ||||||
17 | reflects all changes in the Community Care Program | ||||||
18 | services and all increases in the services cost maximum; | ||||||
19 | (8) ensuring that the determination of need tool | ||||||
20 | accurately reflects the service needs of individuals with | ||||||
21 | Alzheimer's disease and related dementia disorders; | ||||||
22 | (9) ensuring that services are authorized accurately | ||||||
23 | and consistently for the Community Care Program (CCP); the | ||||||
24 | Department shall implement a Service Authorization policy | ||||||
25 | directive; the purpose shall be to ensure that eligibility | ||||||
26 | and services are authorized accurately and consistently in |
| |||||||
| |||||||
1 | the CCP program; the policy directive shall clarify | ||||||
2 | service authorization guidelines to Care Coordination | ||||||
3 | Units and Community Care Program providers no later than | ||||||
4 | May 1, 2013; | ||||||
5 | (10) working in conjunction with Care Coordination | ||||||
6 | Units, the Department of Healthcare and Family Services, | ||||||
7 | the Department of Human Services, Community Care Program | ||||||
8 | providers, and other stakeholders to make improvements to | ||||||
9 | the Medicaid claiming processes and the Medicaid | ||||||
10 | enrollment procedures or requirements as needed, | ||||||
11 | including, but not limited to, specific policy changes or | ||||||
12 | rules to improve the up-front enrollment of participants | ||||||
13 | in the Medicaid program and specific policy changes or | ||||||
14 | rules to insure more prompt submission of bills to the | ||||||
15 | federal government to secure maximum federal matching | ||||||
16 | dollars as promptly as possible; the Department on Aging | ||||||
17 | shall have at least 3 meetings with stakeholders by | ||||||
18 | January 1, 2014 in order to address these improvements; | ||||||
19 | (11) requiring home care service providers to comply | ||||||
20 | with the rounding of hours worked provisions under the | ||||||
21 | federal Fair Labor Standards Act (FLSA) and as set forth | ||||||
22 | in 29 CFR 785.48(b) by May 1, 2013; | ||||||
23 | (12) implementing any necessary policy changes or | ||||||
24 | promulgating any rules, no later than January 1, 2014, to | ||||||
25 | assist the Department of Healthcare and Family Services in | ||||||
26 | moving as many participants as possible, consistent with |
| |||||||
| |||||||
1 | federal regulations, into coordinated care plans if a care | ||||||
2 | coordination plan that covers long term care is available | ||||||
3 | in the recipient's area; and | ||||||
4 | (13) maintaining fiscal year 2014 rates at the same | ||||||
5 | level established on January 1, 2013. | ||||||
6 | By January 1, 2009 or as soon after the end of the Cash and | ||||||
7 | Counseling Demonstration Project as is practicable, the | ||||||
8 | Department may, based on its evaluation of the demonstration | ||||||
9 | project, promulgate rules concerning personal assistant | ||||||
10 | services, to include, but need not be limited to, | ||||||
11 | qualifications, employment screening, rights under fair labor | ||||||
12 | standards, training, fiduciary agent, and supervision | ||||||
13 | requirements. All applicants shall be subject to the | ||||||
14 | provisions of the Health Care Worker Background Check Act.
| ||||||
15 | The Department shall develop procedures to enhance | ||||||
16 | availability of
services on evenings, weekends, and on an | ||||||
17 | emergency basis to meet the
respite needs of caregivers. | ||||||
18 | Procedures shall be developed to permit the
utilization of | ||||||
19 | services in successive blocks of 24 hours up to the monthly
| ||||||
20 | maximum established by the Department. Workers providing these | ||||||
21 | services
shall be appropriately trained.
| ||||||
22 | Beginning on the effective date of this amendatory Act of | ||||||
23 | 1991, no person
may perform chore/housekeeping and home care | ||||||
24 | aide services under a program
authorized by this Section | ||||||
25 | unless that person has been issued a certificate
of | ||||||
26 | pre-service to do so by his or her employing agency. |
| |||||||
| |||||||
1 | Information
gathered to effect such certification shall | ||||||
2 | include (i) the person's name,
(ii) the date the person was | ||||||
3 | hired by his or her current employer, and
(iii) the training, | ||||||
4 | including dates and levels. Persons engaged in the
program | ||||||
5 | authorized by this Section before the effective date of this
| ||||||
6 | amendatory Act of 1991 shall be issued a certificate of all | ||||||
7 | pre- and
in-service training from his or her employer upon | ||||||
8 | submitting the necessary
information. The employing agency | ||||||
9 | shall be required to retain records of
all staff pre- and | ||||||
10 | in-service training, and shall provide such records to
the | ||||||
11 | Department upon request and upon termination of the employer's | ||||||
12 | contract
with the Department. In addition, the employing | ||||||
13 | agency is responsible for
the issuance of certifications of | ||||||
14 | in-service training completed to their
employees.
| ||||||
15 | The Department is required to develop a system to ensure | ||||||
16 | that persons
working as home care aides and personal | ||||||
17 | assistants
receive increases in their
wages when the federal | ||||||
18 | minimum wage is increased by requiring vendors to
certify that | ||||||
19 | they are meeting the federal minimum wage statute for home | ||||||
20 | care aides
and personal assistants. An employer that cannot | ||||||
21 | ensure that the minimum
wage increase is being given to home | ||||||
22 | care aides and personal assistants
shall be denied any | ||||||
23 | increase in reimbursement costs.
| ||||||
24 | The Community Care Program Advisory Committee is created | ||||||
25 | in the Department on Aging. The Director shall appoint | ||||||
26 | individuals to serve in the Committee, who shall serve at |
| |||||||
| |||||||
1 | their own expense. Members of the Committee must abide by all | ||||||
2 | applicable ethics laws. The Committee shall advise the | ||||||
3 | Department on issues related to the Department's program of | ||||||
4 | services to prevent unnecessary institutionalization. The | ||||||
5 | Committee shall meet on a bi-monthly basis and shall serve to | ||||||
6 | identify and advise the Department on present and potential | ||||||
7 | issues affecting the service delivery network, the program's | ||||||
8 | clients, and the Department and to recommend solution | ||||||
9 | strategies. Persons appointed to the Committee shall be | ||||||
10 | appointed on, but not limited to, their own and their agency's | ||||||
11 | experience with the program, geographic representation, and | ||||||
12 | willingness to serve. The Director shall appoint members to | ||||||
13 | the Committee to represent provider, advocacy, policy | ||||||
14 | research, and other constituencies committed to the delivery | ||||||
15 | of high quality home and community-based services to older | ||||||
16 | adults. Representatives shall be appointed to ensure | ||||||
17 | representation from community care providers including, but | ||||||
18 | not limited to, adult day service providers, homemaker | ||||||
19 | providers, case coordination and case management units, | ||||||
20 | emergency home response providers, statewide trade or labor | ||||||
21 | unions that represent home care
aides and direct care staff, | ||||||
22 | area agencies on aging, adults over age 60, membership | ||||||
23 | organizations representing older adults, and other | ||||||
24 | organizational entities, providers of care, or individuals | ||||||
25 | with demonstrated interest and expertise in the field of home | ||||||
26 | and community care as determined by the Director. |
| |||||||
| |||||||
1 | Nominations may be presented from any agency or State | ||||||
2 | association with interest in the program. The Director, or his | ||||||
3 | or her designee, shall serve as the permanent co-chair of the | ||||||
4 | advisory committee. One other co-chair shall be nominated and | ||||||
5 | approved by the members of the committee on an annual basis. | ||||||
6 | Committee members' terms of appointment shall be for 4 years | ||||||
7 | with one-quarter of the appointees' terms expiring each year. | ||||||
8 | A member shall continue to serve until his or her replacement | ||||||
9 | is named. The Department shall fill vacancies that have a | ||||||
10 | remaining term of over one year, and this replacement shall | ||||||
11 | occur through the annual replacement of expiring terms. The | ||||||
12 | Director shall designate Department staff to provide technical | ||||||
13 | assistance and staff support to the committee. Department | ||||||
14 | representation shall not constitute membership of the | ||||||
15 | committee. All Committee papers, issues, recommendations, | ||||||
16 | reports, and meeting memoranda are advisory only. The | ||||||
17 | Director, or his or her designee, shall make a written report, | ||||||
18 | as requested by the Committee, regarding issues before the | ||||||
19 | Committee.
| ||||||
20 | The Department on Aging and the Department of Human | ||||||
21 | Services
shall cooperate in the development and submission of | ||||||
22 | an annual report on
programs and services provided under this | ||||||
23 | Section. Such joint report
shall be filed with the Governor | ||||||
24 | and the General Assembly on or before
September 30 each year.
| ||||||
25 | The requirement for reporting to the General Assembly | ||||||
26 | shall be satisfied
by filing copies of the report
as required |
| |||||||
| |||||||
1 | by Section 3.1 of the General Assembly Organization Act and
| ||||||
2 | filing such additional copies with the State Government Report | ||||||
3 | Distribution
Center for the General Assembly as is required | ||||||
4 | under paragraph (t) of
Section 7 of the State Library Act.
| ||||||
5 | Those persons previously found eligible for receiving | ||||||
6 | non-institutional
services whose services were discontinued | ||||||
7 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
8 | not meet the eligibility standards in effect
on or after July | ||||||
9 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
10 | Those persons previously not required to cost-share and who | ||||||
11 | were
required to cost-share effective March 1, 1992, shall | ||||||
12 | continue to meet
cost-share requirements on and after July 1, | ||||||
13 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
14 | meet
eligibility, cost-share, and other requirements and will | ||||||
15 | have services
discontinued or altered when they fail to meet | ||||||
16 | these requirements. | ||||||
17 | For the purposes of this Section, "flexible senior | ||||||
18 | services" refers to services that require one-time or periodic | ||||||
19 | expenditures including, but not limited to, respite care, home | ||||||
20 | modification, assistive technology, housing assistance, and | ||||||
21 | transportation.
| ||||||
22 | The Department shall implement an electronic service | ||||||
23 | verification based on global positioning systems or other | ||||||
24 | cost-effective technology for the Community Care Program no | ||||||
25 | later than January 1, 2014. | ||||||
26 | The Department shall require, as a condition of |
| |||||||
| |||||||
1 | eligibility, enrollment in the medical assistance program | ||||||
2 | under Article V of the Illinois Public Aid Code (i) beginning | ||||||
3 | August 1, 2013, if the Auditor General has reported that the | ||||||
4 | Department has failed
to comply with the reporting | ||||||
5 | requirements of Section 2-27 of
the Illinois State Auditing | ||||||
6 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
7 | reported that the
Department has not undertaken the required | ||||||
8 | actions listed in
the report required by subsection (a) of | ||||||
9 | Section 2-27 of the
Illinois State Auditing Act. | ||||||
10 | The Department shall delay Community Care Program services | ||||||
11 | until an applicant is determined eligible for medical | ||||||
12 | assistance under Article V of the Illinois Public Aid Code (i) | ||||||
13 | beginning August 1, 2013, if the Auditor General has reported | ||||||
14 | that the Department has failed
to comply with the reporting | ||||||
15 | requirements of Section 2-27 of
the Illinois State Auditing | ||||||
16 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
17 | reported that the
Department has not undertaken the required | ||||||
18 | actions listed in
the report required by subsection (a) of | ||||||
19 | Section 2-27 of the
Illinois State Auditing Act. | ||||||
20 | The Department shall implement co-payments for the | ||||||
21 | Community Care Program at the federally allowable maximum | ||||||
22 | level (i) beginning August 1, 2013, if the Auditor General has | ||||||
23 | reported that the Department has failed
to comply with the | ||||||
24 | reporting requirements of Section 2-27 of
the Illinois State | ||||||
25 | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | ||||||
26 | General has reported that the
Department has not undertaken |
| |||||||
| |||||||
1 | the required actions listed in
the report required by | ||||||
2 | subsection (a) of Section 2-27 of the
Illinois State Auditing | ||||||
3 | Act. | ||||||
4 | The Department shall continue to provide other Community | ||||||
5 | Care Program reports as required by statute. | ||||||
6 | The Department shall provide a bi-monthly report on the | ||||||
7 | progress of the Community Care Program reforms set forth in | ||||||
8 | this amendatory Act of the 98th General Assembly to the | ||||||
9 | Governor, the Speaker of the House of Representatives, the | ||||||
10 | Minority Leader of the House of Representatives, the
President | ||||||
11 | of the
Senate, and the Minority Leader of the Senate. | ||||||
12 | The Department shall conduct a quarterly review of Care | ||||||
13 | Coordination Unit performance and adherence to service | ||||||
14 | guidelines. The quarterly review shall be reported to the | ||||||
15 | Speaker of the House of Representatives, the Minority Leader | ||||||
16 | of the House of Representatives, the
President of the
Senate, | ||||||
17 | and the Minority Leader of the Senate. The Department shall | ||||||
18 | collect and report longitudinal data on the performance of | ||||||
19 | each care coordination unit. Nothing in this paragraph shall | ||||||
20 | be construed to require the Department to identify specific | ||||||
21 | care coordination units. | ||||||
22 | In regard to community care providers, failure to comply | ||||||
23 | with Department on Aging policies shall be cause for | ||||||
24 | disciplinary action, including, but not limited to, | ||||||
25 | disqualification from serving Community Care Program clients. | ||||||
26 | Each provider, upon submission of any bill or invoice to the |
| |||||||
| |||||||
1 | Department for payment for services rendered, shall include a | ||||||
2 | notarized statement, under penalty of perjury pursuant to | ||||||
3 | Section 1-109 of the Code of Civil Procedure, that the | ||||||
4 | provider has complied with all Department policies. | ||||||
5 | The Director of the Department on Aging shall make | ||||||
6 | information available to the State Board of Elections as may | ||||||
7 | be required by an agreement the State Board of Elections has | ||||||
8 | entered into with a multi-state voter registration list | ||||||
9 | maintenance system. | ||||||
10 | Within 30 days after July 6, 2017 (the effective date of | ||||||
11 | Public Act 100-23), rates shall be increased to $18.29 per | ||||||
12 | hour, for the purpose of increasing, by at least $.72 per hour, | ||||||
13 | the wages paid by those vendors to their employees who provide | ||||||
14 | homemaker services. The Department shall pay an enhanced rate | ||||||
15 | under the Community Care Program to those in-home service | ||||||
16 | provider agencies that offer health insurance coverage as a | ||||||
17 | benefit to their direct service worker employees consistent | ||||||
18 | with the mandates of Public Act 95-713. For State fiscal years | ||||||
19 | 2018 and 2019, the enhanced rate shall be $1.77 per hour. The | ||||||
20 | rate shall be adjusted using actuarial analysis based on the | ||||||
21 | cost of care, but shall not be set below $1.77 per hour. The | ||||||
22 | Department shall adopt rules, including emergency rules under | ||||||
23 | subsections (y) and (bb) of Section 5-45 of the Illinois | ||||||
24 | Administrative Procedure Act, to implement the provisions of | ||||||
25 | this paragraph. | ||||||
26 | The General Assembly finds it necessary to authorize an |
| |||||||
| |||||||
1 | aggressive Medicaid enrollment initiative designed to maximize | ||||||
2 | federal Medicaid funding for the Community Care Program which | ||||||
3 | produces significant savings for the State of Illinois. The | ||||||
4 | Department on Aging shall establish and implement a Community | ||||||
5 | Care Program Medicaid Initiative. Under the Initiative, the
| ||||||
6 | Department on Aging shall, at a minimum: (i) provide an | ||||||
7 | enhanced rate to adequately compensate care coordination units | ||||||
8 | to enroll eligible Community Care Program clients into | ||||||
9 | Medicaid; (ii) use recommendations from a stakeholder | ||||||
10 | committee on how best to implement the Initiative; and (iii) | ||||||
11 | establish requirements for State agencies to make enrollment | ||||||
12 | in the State's Medical Assistance program easier for seniors. | ||||||
13 | The Community Care Program Medicaid Enrollment Oversight | ||||||
14 | Subcommittee is created as a subcommittee of the Older Adult | ||||||
15 | Services Advisory Committee established in Section 35 of the | ||||||
16 | Older Adult Services Act to make recommendations on how best | ||||||
17 | to increase the number of medical assistance recipients who | ||||||
18 | are enrolled in the Community Care Program. The Subcommittee | ||||||
19 | shall consist of all of the following persons who must be | ||||||
20 | appointed within 30 days after the effective date of this | ||||||
21 | amendatory Act of the 100th General Assembly: | ||||||
22 | (1) The Director of Aging, or his or her designee, who | ||||||
23 | shall serve as the chairperson of the Subcommittee. | ||||||
24 | (2) One representative of the Department of Healthcare | ||||||
25 | and Family Services, appointed by the Director of | ||||||
26 | Healthcare and Family Services. |
| |||||||
| |||||||
1 | (3) One representative of the Department of Human | ||||||
2 | Services, appointed by the Secretary of Human Services. | ||||||
3 | (4) One individual representing a care coordination | ||||||
4 | unit, appointed by the Director of Aging. | ||||||
5 | (5) One individual from a non-governmental statewide | ||||||
6 | organization that advocates for seniors, appointed by the | ||||||
7 | Director of Aging. | ||||||
8 | (6) One individual representing Area Agencies on | ||||||
9 | Aging, appointed by the Director of Aging. | ||||||
10 | (7) One individual from a statewide association | ||||||
11 | dedicated to Alzheimer's care, support, and research, | ||||||
12 | appointed by the Director of Aging. | ||||||
13 | (8) One individual from an organization that employs | ||||||
14 | persons who provide services under the Community Care | ||||||
15 | Program, appointed by the Director of Aging. | ||||||
16 | (9) One member of a trade or labor union representing | ||||||
17 | persons who provide services under the Community Care | ||||||
18 | Program, appointed by the Director of Aging. | ||||||
19 | (10) One member of the Senate, who shall serve as | ||||||
20 | co-chairperson, appointed by the President of the Senate. | ||||||
21 | (11) One member of the Senate, who shall serve as | ||||||
22 | co-chairperson, appointed by the Minority Leader of the | ||||||
23 | Senate. | ||||||
24 | (12) One member of the House of
Representatives, who | ||||||
25 | shall serve as co-chairperson, appointed by the Speaker of | ||||||
26 | the House of Representatives. |
| |||||||
| |||||||
1 | (13) One member of the House of Representatives, who | ||||||
2 | shall serve as co-chairperson, appointed by the Minority | ||||||
3 | Leader of the House of Representatives. | ||||||
4 | (14) One individual appointed by a labor organization | ||||||
5 | representing frontline employees at the Department of | ||||||
6 | Human Services. | ||||||
7 | The Subcommittee shall provide oversight to the Community | ||||||
8 | Care Program Medicaid Initiative and shall meet quarterly. At | ||||||
9 | each Subcommittee meeting the Department on Aging shall | ||||||
10 | provide the following data sets to the Subcommittee: (A) the | ||||||
11 | number of Illinois residents, categorized by planning and | ||||||
12 | service area, who are receiving services under the Community | ||||||
13 | Care Program and are enrolled in the State's Medical | ||||||
14 | Assistance Program; (B) the number of Illinois residents, | ||||||
15 | categorized by planning and service area, who are receiving | ||||||
16 | services under the Community Care Program, but are not | ||||||
17 | enrolled in the State's Medical Assistance Program; and (C) | ||||||
18 | the number of Illinois residents, categorized by planning and | ||||||
19 | service area, who are receiving services under the Community | ||||||
20 | Care Program and are eligible for benefits under the State's | ||||||
21 | Medical Assistance Program, but are not enrolled in the | ||||||
22 | State's Medical Assistance Program. In addition to this data, | ||||||
23 | the Department on Aging shall provide the Subcommittee with | ||||||
24 | plans on how the Department on Aging will reduce the number of | ||||||
25 | Illinois residents who are not enrolled in the State's Medical | ||||||
26 | Assistance Program but who are eligible for medical assistance |
| |||||||
| |||||||
1 | benefits. The Department on Aging shall enroll in the State's | ||||||
2 | Medical Assistance Program those Illinois residents who | ||||||
3 | receive services under the Community Care Program and are | ||||||
4 | eligible for medical assistance benefits but are not enrolled | ||||||
5 | in the State's Medicaid Assistance Program. The data provided | ||||||
6 | to the Subcommittee shall be made available to the public via | ||||||
7 | the Department on Aging's website. | ||||||
8 | The Department on Aging, with the involvement of the | ||||||
9 | Subcommittee, shall collaborate with the Department of Human | ||||||
10 | Services and the Department of Healthcare and Family Services | ||||||
11 | on how best to achieve the responsibilities of the Community | ||||||
12 | Care Program Medicaid Initiative. | ||||||
13 | The Department on Aging, the Department of Human Services, | ||||||
14 | and the Department of Healthcare and Family Services shall | ||||||
15 | coordinate and implement a streamlined process for seniors to | ||||||
16 | access benefits under the State's Medical Assistance Program. | ||||||
17 | The Subcommittee shall collaborate with the Department of | ||||||
18 | Human Services on the adoption of a uniform application | ||||||
19 | submission process. The Department of Human Services and any | ||||||
20 | other State agency involved with processing the medical | ||||||
21 | assistance application of any person enrolled in the Community | ||||||
22 | Care Program shall include the appropriate care coordination | ||||||
23 | unit in all communications related to the determination or | ||||||
24 | status of the application. | ||||||
25 | The Community Care Program Medicaid Initiative shall | ||||||
26 | provide targeted funding to care coordination units to help |
| |||||||
| |||||||
1 | seniors complete their applications for medical assistance | ||||||
2 | benefits. On and after July 1, 2019, care coordination units | ||||||
3 | shall receive no less than $200 per completed application, | ||||||
4 | which rate may be included in a bundled rate for initial intake | ||||||
5 | services when Medicaid application assistance is provided in | ||||||
6 | conjunction with the initial intake process for new program | ||||||
7 | participants. | ||||||
8 | The Community Care Program Medicaid Initiative shall cease | ||||||
9 | operation 5 years after the effective date of this amendatory | ||||||
10 | Act of the 100th General Assembly, after which the | ||||||
11 | Subcommittee shall dissolve. | ||||||
12 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
13 | 100-1148, eff. 12-10-18; 101-10, eff. 6-5-19.)
| ||||||
14 | ARTICLE 35. OCCUPATIONAL STANDARDS | ||||||
15 | Section 35-5. The Employee Washroom Act is amended by | ||||||
16 | adding Section 0.05 as follows:
| ||||||
17 | (820 ILCS 230/0.05 new) | ||||||
18 | Sec. 0.05. Federal regulations; operation of Act. | ||||||
19 | (a) Except as provided in subsection (b), Sections 1 | ||||||
20 | through 5 of this Act are inoperative on and after the | ||||||
21 | effective date of this amendatory Act of the 102nd General | ||||||
22 | Assembly. | ||||||
23 | (b) If at any time the Occupational Safety and Health |
| |||||||
| |||||||
1 | standard at 29 CFR 1910.141 is repealed or revoked, the | ||||||
2 | Director of Labor shall adopt a rule setting forth a | ||||||
3 | determination that this Act should be reviewed and reinstated | ||||||
4 | in order to protect the health and safety of Illinois' | ||||||
5 | workers. On the date such a rule is adopted, this Act shall | ||||||
6 | again become operative.
| ||||||
7 | Section 35-10. The Work Under Compressed Air Act is | ||||||
8 | amended by adding Section 1.5 as follows:
| ||||||
9 | (820 ILCS 245/1.5 new) | ||||||
10 | Sec. 1.5. Federal regulations; operation of Act. | ||||||
11 | (a) Except as provided in subsection (b), Sections 1 | ||||||
12 | through 6 of this Act are inoperative on and after the | ||||||
13 | effective date of this amendatory Act of the 102nd General | ||||||
14 | Assembly. | ||||||
15 | (b) If at any time the Safety and Health Regulations for | ||||||
16 | Construction standards at 29 CFR 1926.800 through 29 CFR | ||||||
17 | 1926.804 are repealed or revoked, the Director of Labor shall | ||||||
18 | adopt a rule setting forth a determination that this Act | ||||||
19 | should be reviewed and reinstated, in whole or in part, in | ||||||
20 | order to protect the health and safety of Illinois' workers. | ||||||
21 | On the date such a rule is adopted, this Act shall again become | ||||||
22 | operative.
| ||||||
23 | Section 35-15. The Underground Sewer Employee Safety Act |
| |||||||
| |||||||
1 | is amended by changing Section 1 and by adding Section 0.05 as | ||||||
2 | follows:
| ||||||
3 | (820 ILCS 250/0.05 new) | ||||||
4 | Sec. 0.05. Federal regulations; operation of Act. | ||||||
5 | (a) Except as provided in subsection (b), Sections 1 | ||||||
6 | through 6 of this Act are inoperative on and after the | ||||||
7 | effective date of this amendatory Act of the 102nd General | ||||||
8 | Assembly. | ||||||
9 | (b) If at any time the Occupational Safety and Health | ||||||
10 | standards at 29 CFR 1910.120, 29 CFR 1910.146 or the Safety and | ||||||
11 | Health Regulations for Construction standards 29 CFR 1926.1201 | ||||||
12 | through 29 CFR 1926.1213 are repealed or revoked, the Director | ||||||
13 | of Labor shall adopt a rule setting forth a determination that | ||||||
14 | this Act should be reviewed and reinstated, in whole or in | ||||||
15 | part, in order to protect the health and safety of Illinois' | ||||||
16 | workers. On the date such a rule is adopted, this Act shall | ||||||
17 | again become operative.
| ||||||
18 | (820 ILCS 250/1) (from Ch. 48, par. 1101)
| ||||||
19 | Sec. 1.
This Act shall apply to all employers engaged in | ||||||
20 | any occupation,
business or enterprise in this State, | ||||||
21 | including the State of Illinois and
its political | ||||||
22 | subdivisions , except that in the event of a conflict between
| ||||||
23 | this Act and any other Federal or State law or regulation | ||||||
24 | concerning health
and safety of employees, such other law or |
| |||||||
| |||||||
1 | regulation shall control .
| ||||||
2 | (Source: P.A. 81-772.)
| ||||||
3 | Section 35-20. The Toxic Substances Disclosure to | ||||||
4 | Employees Act is amended by changing Section 1.5 as follows:
| ||||||
5 | (820 ILCS 255/1.5) | ||||||
6 | Sec. 1.5. Federal regulations; operation of Act. | ||||||
7 | (a) Except as provided in subsection (b), Sections 2 | ||||||
8 | through 17 of this Act are inoperative on and after the | ||||||
9 | effective date of this amendatory Act of the 102nd 95th | ||||||
10 | General Assembly , and the Department of Labor shall instead | ||||||
11 | enforce the Occupational Safety and Health Administration | ||||||
12 | Hazard Communication standards at 29 CFR 1910.1200, as | ||||||
13 | amended .
| ||||||
14 | (b) If at any time the Occupational Safety and Health | ||||||
15 | Administration Hazard Communication standard at 29 CFR | ||||||
16 | 1910.1200 is repealed or revoked, the Director of Labor shall | ||||||
17 | adopt a rule setting forth a determination that this Act | ||||||
18 | should be reviewed and reinstated in order to protect the | ||||||
19 | health and safety of Illinois' public sector workers. On the | ||||||
20 | date such a rule is adopted, this Act shall again become | ||||||
21 | operative.
| ||||||
22 | (Source: P.A. 95-623, eff. 9-17-07.)
| ||||||
23 | ARTICLE 40. HEALTH CARE |
| |||||||
| |||||||
1 | (110 ILCS 330/8a rep.) | ||||||
2 | Section 40-5. The University of Illinois Hospital Act is | ||||||
3 | amended by repealing Section 8a.
| ||||||
4 | (110 ILCS 340/Act rep.)
| ||||||
5 | Section 40-10. The University of Illinois Gerontological | ||||||
6 | Committee Act is repealed.
| ||||||
7 | (110 ILCS 430/Act rep.) | ||||||
8 | Section 40-15. The Illinois Health Policy Center Act is | ||||||
9 | repealed.
| ||||||
10 | Section 40-20. The Health in All Policies Act is amended | ||||||
11 | by changing Section 10 as follows:
| ||||||
12 | (410 ILCS 155/10)
| ||||||
13 | Sec. 10. Workgroup. | ||||||
14 | (a) The University of Illinois at Chicago School of Public | ||||||
15 | Health, in consultation with the Department of Public Health, | ||||||
16 | shall convene a workgroup to review legislation and make new | ||||||
17 | policy recommendations relating to the health of residents of | ||||||
18 | the State. | ||||||
19 | (b) The workgroup shall examine the following: | ||||||
20 | (1) The health of residents of the State, to the | ||||||
21 | extent necessary to carry out the requirements of this |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (2) Ways for units of local government and State | ||||||
3 | agencies to collaborate in implementing policies that will | ||||||
4 | positively impact the health of residents of the State. | ||||||
5 | (3) The impact of the following on the health of | ||||||
6 | residents of the State: | ||||||
7 | (A) Access to safe and affordable housing. | ||||||
8 | (B) Educational attainment. | ||||||
9 | (C) Opportunities for employment. | ||||||
10 | (D) Economic stability. | ||||||
11 | (E) Inclusion, diversity, and equity in the | ||||||
12 | workplace. | ||||||
13 | (F) Barriers to career success and promotion in | ||||||
14 | the workplace. | ||||||
15 | (G) Access to transportation and mobility. | ||||||
16 | (H) Social justice. | ||||||
17 | (I) Environmental factors. | ||||||
18 | (J) Public safety, including the impact of crime, | ||||||
19 | citizen unrest, the criminal justice system, and | ||||||
20 | governmental policies that affect individuals who are | ||||||
21 | in prison or released from prison. | ||||||
22 | (c) The workgroup, using a health in all policies | ||||||
23 | framework, shall perform the following: | ||||||
24 | (1) Review and make recommendations regarding how | ||||||
25 | health considerations may be incorporated into the | ||||||
26 | decision-making processes of government agencies and |
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1 | private stakeholders who interact with government | ||||||
2 | agencies. | ||||||
3 | (2) Foster collaboration among units of local | ||||||
4 | government and State agencies. | ||||||
5 | (3) Develop laws and policies to improve health and | ||||||
6 | reduce health inequities. | ||||||
7 | (4) Make recommendations regarding how to implement | ||||||
8 | laws and policies to improve health and reduce health | ||||||
9 | inequities. | ||||||
10 | (d) The workgroup shall consist of the following members: | ||||||
11 | (1) The Secretary of Human Services, or the | ||||||
12 | Secretary's designee. | ||||||
13 | (2) The Secretary of Transportation, or the | ||||||
14 | Secretary's designee. | ||||||
15 | (3) The Director of the Illinois Environmental | ||||||
16 | Protection Agency, or the Director's designee. | ||||||
17 | (4) The Director of Agriculture, or the Director's | ||||||
18 | designee. | ||||||
19 | (5) The Director of Labor, or the Director's designee. | ||||||
20 | (6) The Director of Public Health, or the Director's | ||||||
21 | designee. | ||||||
22 | (7) One representative of a statewide public health | ||||||
23 | association. | ||||||
24 | (8) One administrator of a Federally Qualified Health | ||||||
25 | Center. | ||||||
26 | (9) One administrator of a public health department |
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1 | local to the University of Illinois at Chicago. | ||||||
2 | (10) One representative of an association representing | ||||||
3 | hospitals and health systems. | ||||||
4 | (11) The Director of Healthcare and Family Services, | ||||||
5 | or the Director's designee. | ||||||
6 | (12) The State Superintendent of Education, or the | ||||||
7 | Superintendent's designee. | ||||||
8 | (13) The Director of Corrections, or the Director's | ||||||
9 | designee. | ||||||
10 | (14) The Chair of the Criminal Justice Information | ||||||
11 | Authority, or the Chair's designee. | ||||||
12 | (15) The Director of Commerce and Economic | ||||||
13 | Opportunity, or the Director's designee. | ||||||
14 | (16) The Director of Aging, or the Director's | ||||||
15 | designee. | ||||||
16 | (17) One representative of the Office of the Governor | ||||||
17 | appointed by the Governor. | ||||||
18 | (18) One representative of a local health department | ||||||
19 | located in a county with a population of less than | ||||||
20 | 3,000,000. | ||||||
21 | (19) One representative of a statewide public health | ||||||
22 | institute representing multisector public health system | ||||||
23 | stakeholders. | ||||||
24 | (20) Two representatives of organizations that | ||||||
25 | represent minority populations in public health. | ||||||
26 | (21) One representative of a statewide organization |
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1 | representing physicians licensed to practice medicine in | ||||||
2 | all its branches. | ||||||
3 | (e) To the extent practicable, the members of the | ||||||
4 | workgroup shall reflect the geographic, racial, ethnic, | ||||||
5 | cultural, and gender diversity of the State. | ||||||
6 | (f) Workgroup members shall serve without compensation. | ||||||
7 | (g) A State agency or entity shall, in a timely manner, | ||||||
8 | provide information in response to requests for information | ||||||
9 | submitted by the workgroup, except where that information is | ||||||
10 | otherwise prohibited from disclosure or dissemination by | ||||||
11 | federal or State law, rules or regulations implementing | ||||||
12 | federal or State law, or a court order. | ||||||
13 | (h) The Department of Public Health shall provide | ||||||
14 | administrative and other support to the workgroup.
| ||||||
15 | (i) The workgroup shall meet at least twice a year and at | ||||||
16 | other times as it deems appropriate. The workgroup shall | ||||||
17 | prepare a report that summarizes its work and makes | ||||||
18 | recommendations resulting from its study. On an annual basis, | ||||||
19 | the University of Illinois at Chicago School of Public Health, | ||||||
20 | in consultation with the Department of Public Health and | ||||||
21 | members of the workgroup, shall determine a focus area for the | ||||||
22 | report. Focus areas may include, but are not limited to, the | ||||||
23 | areas designated in subsection (b) of Section 10. The | ||||||
24 | workgroup shall submit the report of its findings and | ||||||
25 | recommendations to the General Assembly by December 31, 2022 | ||||||
26 | 2020 and by December 31 of each year thereafter. The annual |
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| |||||||
1 | report and recommendations shall be shared with the Department | ||||||
2 | of Public Health and the State Board of Health and shall be | ||||||
3 | considered in the development of the State Health Improvement | ||||||
4 | Plan every 5 years.
| ||||||
5 | (Source: P.A. 101-250, eff. 1-1-20 .)
| ||||||
6 | ARTICLE 45. ILLINOIS IMMIGRANT IMPACT TASK FORCE REPORT | ||||||
7 | Section 45-5. The Illinois Immigrant Impact Task Force Act | ||||||
8 | is amended by changing Section 5 as follows:
| ||||||
9 | (20 ILCS 5156/5) | ||||||
10 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
11 | Sec. 5. Illinois Immigrant Impact Task Force.
| ||||||
12 | (a) There is hereby established the Illinois Immigrant | ||||||
13 | Impact Task Force.
| ||||||
14 | (b) The Task Force shall consist of 27 members appointed | ||||||
15 | as follows:
| ||||||
16 | (1) one member appointed by the President of the | ||||||
17 | Senate;
| ||||||
18 | (2) one member appointed by the Speaker of the House | ||||||
19 | of Representatives;
| ||||||
20 | (3) one member appointed by the Minority Leader of the | ||||||
21 | Senate;
| ||||||
22 | (4) one member appointed by the Minority Leader of the | ||||||
23 | House of Representatives;
|
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| |||||||
1 | (5) one representative of the Governor's Office;
| ||||||
2 | (6) one representative of the Governor's Office of | ||||||
3 | Management and Budget;
| ||||||
4 | (7) one representative of the Lieutenant Governor's | ||||||
5 | Office;
| ||||||
6 | (8) the Executive Director of the Illinois Housing | ||||||
7 | Development Authority or his or her designee;
| ||||||
8 | (9) the Secretary of Human Services or his or her | ||||||
9 | designee;
| ||||||
10 | (10) the Director on Aging or his or her designee;
| ||||||
11 | (11) the Director of Commerce and Economic Opportunity | ||||||
12 | or his or her designee;
| ||||||
13 | (12) the Director of Children and Family Services or | ||||||
14 | his or her designee;
| ||||||
15 | (13) the Director of Public Health or his or her | ||||||
16 | designee;
| ||||||
17 | (14) the Director of Healthcare and Family Services or | ||||||
18 | his or her designee;
| ||||||
19 | (15) the Director of Human Rights or his or her | ||||||
20 | designee;
| ||||||
21 | (16) the Director of Employment Security or his or her | ||||||
22 | designee; | ||||||
23 | (17) the Director of Juvenile Justice or his or her | ||||||
24 | designee; | ||||||
25 | (18) the Director of Corrections or his or her | ||||||
26 | designee; |
| |||||||
| |||||||
1 | (19) the Executive Director of the Illinois Criminal | ||||||
2 | Justice Information Authority or his or her designee; | ||||||
3 | (20) the Chairman of the State Board of Education or | ||||||
4 | his or her designee; | ||||||
5 | (21) the Chairman of the Board of Higher Education or | ||||||
6 | his or her designee; | ||||||
7 | (22) the Chairman of the Illinois Community College | ||||||
8 | Board or his or her designee; and | ||||||
9 | (23) five representatives from organizations offering | ||||||
10 | aid or services to immigrants, appointed by the Governor. | ||||||
11 | (c) The Task Force shall convene as soon as practicable | ||||||
12 | after the effective date of this Act, and shall hold at least 6 | ||||||
13 | meetings. Members of the Task Force shall serve without | ||||||
14 | compensation. The Department of Human Services, in | ||||||
15 | consultation with any other State agency relevant to the issue | ||||||
16 | of immigration in this State, shall provide administrative and | ||||||
17 | other support to the Task Force.
| ||||||
18 | (d) The Task Force shall examine the following issues:
| ||||||
19 | (1) what the State of Illinois is currently doing to | ||||||
20 | proactively help immigrant communities in this State, | ||||||
21 | including whether such persons are receiving help to | ||||||
22 | become citizens, receiving help to become business owners, | ||||||
23 | and receiving aid for educational purposes;
| ||||||
24 | (2) what can the State do going forward to improve | ||||||
25 | relations between the State and immigrant communities in | ||||||
26 | this State;
|
| |||||||
| |||||||
1 | (3) what is the status of immigrant communities from | ||||||
2 | urban, suburban, and rural areas of this State, and | ||||||
3 | whether adequate support and resources have been provided | ||||||
4 | to these communities;
| ||||||
5 | (4) the extent to which immigrants in this State are | ||||||
6 | being discriminated against;
| ||||||
7 | (5) whether the laws specifically intended to benefit | ||||||
8 | immigrant populations in this State are actually having a | ||||||
9 | beneficial effect; | ||||||
10 | (6) the practices and procedures of the federal | ||||||
11 | Immigration and Customs Enforcement agency within this | ||||||
12 | State; | ||||||
13 | (7) the use and condition of detention centers in this | ||||||
14 | State; | ||||||
15 | (8) all contracts in Illinois entered into with United | ||||||
16 | States Immigration and Customs Enforcement, including | ||||||
17 | contracts with private detention centers, the Illinois | ||||||
18 | State Police, and the Secretary of State's Office, | ||||||
19 | Division of Motor Vehicles; | ||||||
20 | (9) the impact of the COVID-19 pandemic on immigrant | ||||||
21 | communities, including health impact rates,
employment | ||||||
22 | rates, housing, small businesses, and community | ||||||
23 | development; | ||||||
24 | (10) the disbursement of funds received by different | ||||||
25 | agencies that went to immigrant
communities; | ||||||
26 | (11) language access programs and their impact on |
| |||||||
| |||||||
1 | helping immigrant communities better
interact with State | ||||||
2 | agencies, and whether existing language access programs | ||||||
3 | are effective in helping immigrant communities interact | ||||||
4 | with the State. The Task Force shall also examine whether | ||||||
5 | all
State agencies provide language access for non-English | ||||||
6 | speakers, and which agencies and
in what regions of the | ||||||
7 | State is there a lack of language access that creates | ||||||
8 | barriers for non-English dominant speakers from accessing | ||||||
9 | support from the State; | ||||||
10 | (12) the extent to which disparities in access to | ||||||
11 | technology exist in immigrant communities and whether they | ||||||
12 | lead to educational, financial, and other disadvantages; | ||||||
13 | and | ||||||
14 | (13) the extent to which State programs intended for | ||||||
15 | vulnerable populations such as victims of trafficking, | ||||||
16 | crime, and abuse are being implemented or need to be | ||||||
17 | implemented. | ||||||
18 | (e) The Task Force shall report its findings and | ||||||
19 | recommendations based upon its examination of issues under | ||||||
20 | subsection (d) to the Governor and the General Assembly on or | ||||||
21 | before December 31, 2022 May 31, 2022 .
| ||||||
22 | (Source: P.A. 102-236, eff. 8-2-21.)
| ||||||
23 | ARTICLE 99. EFFECTIVE DATE
| ||||||
24 | Section 99-99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
|