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| Public Act 099-0576
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| SB2657 Enrolled | LRB099 16839 RJF 41186 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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ARTICLE 5. |
AMENDATORY PROVISIONS
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Section 5-5. The Illinois Emergency Employment Development |
Act is amended by changing Sections 2, 9, and 11 as follows:
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(20 ILCS 630/2) (from Ch. 48, par. 2402)
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Sec. 2. For the purposes of this Act, the following words |
have the
meanings ascribed to them in this Section.
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(a) "Advisory Committee" means the 21st Century Workforce |
Development Fund Advisory Committee, established under the |
21st Century Workforce Development Fund Act. |
(b) "Coordinator" means the Illinois Emergency Employment
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Development Coordinator appointed under Section 3.
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(c) "Department" means the Illinois Department of Commerce |
and Economic Opportunity. |
(d) "Director" means the Director of Commerce and Economic |
Opportunity. |
(e) "Eligible business" means a for-profit business.
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(f) "Eligible employer" means an eligible nonprofit |
agency, or
an eligible business.
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(g) "Eligible job applicant" means a person who (1) has |
been a resident
of this State for at least one year; and (2) is |
unemployed;
and (3) is not
receiving and is not qualified to |
receive unemployment compensation or
workers' compensation; |
and (4) is determined by the employment
administrator to be |
likely to be available for employment by an eligible
employer |
for the duration of the job.
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(h) "Eligible nonprofit agency" means an organization |
exempt from
taxation under the Internal Revenue Code of 1954, |
Section 501(c)(3).
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(i) "Employment administrator" means the administrative |
entity designated by the Coordinator, and approved by the |
Advisory Committee, to administer the provisions of this Act in |
each service delivery area. With approval of the Advisory |
Committee, the Coordinator may designate an administrative |
entity authorized under the Workforce Investment Act or |
private, public, or non-profit entities that have proven |
effectiveness in providing training, workforce development, |
and job placement services to low-income individuals.
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(j) "Fringe benefits" means all non-salary costs for each |
person employed under the program, including, but not limited |
to, workers compensation, unemployment insurance, and health |
benefits, as would be provided to non-subsidized employees |
performing similar work. |
(k) "Household" means a group of persons living at the same |
residence
consisting of, at a maximum, spouses and the minor |
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children of each.
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(l) "Program" means the Illinois Emergency Employment |
Development
Program created by this Act consisting of new job |
creation in the private sector.
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(m) "Service delivery area" means an area designated as a |
Local Workforce Investment Area by the State. |
(n) "Workforce Investment Act" means the federal Workforce |
Investment Act of 1998, any amendments to that Act, and any |
other applicable federal statutes. |
(Source: P.A. 97-581, eff. 8-26-11.)
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(20 ILCS 630/9) (from Ch. 48, par. 2409)
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Sec. 9. Eligible businesses. |
(a) A business employer is an eligible
employer if it |
enters into a written contract, signed and subscribed to
under |
oath, with the employment administrator for its service |
delivery
area containing assurances that:
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(1) funds received by a business shall be used only as |
permitted under the program;
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(2) the business has submitted a plan to the employment |
administrator
(A) describing the duties and proposed |
compensation of each employee
proposed to be hired under |
the program; and (B) demonstrating that with the
funds |
provided under the program the business is likely to |
succeed and
continue to employ persons hired under the |
program;
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(3) the business will use funds exclusively for |
compensation and fringe
benefits of eligible job |
applicants and will provide employees hired with
these |
funds with fringe benefits and other terms and conditions |
of
employment comparable to those provided to other |
employees of the business
who do comparable work;
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(4) the funds are necessary to allow the business to |
begin, or to employ
additional people, but not to fill |
positions which would be filled even in
the absence of |
funds from this program;
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(5) the business will cooperate with the coordinator in |
collecting data
to assess the result of the program; and
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(6) the business is in compliance with all applicable |
affirmative
action, fair labor, health, safety, and |
environmental standards.
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(b) In allocating funds among eligible businesses, the |
employment
administrator shall give priority to businesses |
which best satisfy the following
criteria:
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(1) have a high potential for growth and long-term job |
creation;
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(2) are labor intensive;
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(3) make high use of local and State resources;
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(4) are under ownership of women and minorities;
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(4.5) meet the definition of a small business as |
defined in Section 5 of the Small Business Advisory Act; |
(4.10) produce energy conserving materials or services |
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or are involved in development of renewable sources of |
energy; |
(5) have their primary places of business in the State; |
and
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(6) intend to continue the employment of the eligible |
applicant for at
least 6 months of unsubsidized employment.
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(c) (Blank).
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(d) A business receiving funds under this program shall |
repay 70% of the amount received for each eligible job |
applicant employed who does not continue in the employment of |
the business for at least 6 months beyond the subsidized period |
unless the employer dismisses an employee for good cause and |
works with the Employment Administrator to employ and train |
another person referred by the Employment Administrator. The |
Employment Administrator shall forward payments received under |
this subsection to the Coordinator on a monthly basis. The |
Coordinator shall deposit these payments into the General |
Revenue Illinois 21st Century Workforce Development Fund. |
(Source: P.A. 97-581, eff. 8-26-11; 97-813, eff. 7-13-12.)
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(20 ILCS 630/11) |
Sec. 11. Illinois 21st Century Workforce Development Fund |
Advisory Committee. |
(a) The 21st Century Workforce Development Fund Advisory |
Committee, established under this Act as a continuation of the |
Advisory Committee created under the 21st Century Workforce |
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Development Fund Act (now repealed) is continued under this |
Act. The Advisory Committee , shall provide oversight to the |
Illinois Emergency Employment Development program. The |
Department is responsible for the administration and staffing |
of the Advisory Committee. |
(b) The Advisory Committee shall meet at the call of the |
Coordinator to do the following: |
(1) establish guidelines for the selection of |
Employment Administrators; |
(2) review recommendations of the Coordinator and |
approve final selection of Employment Administrators; |
(3) develop guidelines for the emergency employment |
development plans to be created by each Employment |
Administrator; |
(4) review the emergency employment development plan |
submitted by the Employment Administrator of each service |
delivery area and approve satisfactory plans; |
(5) ensure that the program is widely marketed to |
employers and eligible job seekers; |
(6) set policy regarding disbursement of program |
funds; and |
(7) review program quarterly reports and make |
recommendations for program improvements as needed.
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(c) Membership. The Advisory Committee shall consist of 21 |
persons. Co-chairs shall be appointed by the Governor with the |
requirement that one come from the public and one from the |
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private sector. |
(d) Eleven members shall be appointed by the Governor, and |
any of the 11 members appointed by the Governor may fill more |
than one of the following required categories: |
(i) Four must be from communities outside of the City |
of Chicago. |
(ii) At least one must be a member of a local
workforce |
investment board (LWIB) in his or her community. |
(iii) At least one must represent organized labor. |
(iv) At least one must represent business or industry. |
(v) At least one must represent a non-profit
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organization that provides workforce development or job |
training services. |
(vi) At least one must represent a non-profit
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organization involved in workforce development policy, |
analysis, or research. |
(vii) At least one must represent a non-profit
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organization involved in environmental policy, advocacy, |
or research. |
(viii) At least one must represent a group that
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advocates for individuals with barriers to employment, |
including at-risk youth, formerly incarcerated |
individuals, and individuals living in poverty. |
(e) The other 10 members shall be the following: |
(i) The Director of Commerce and Economic Opportunity, |
or his or her designee who oversees workforce development |
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services. |
(ii) The Secretary of Human Services, or his or her
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designee who oversees human capital services. |
(iii) The Director of Corrections, or his or her
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designee who oversees prisoner re-entry services. |
(iv) The Director of the Environmental Protection
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Agency, or his or her designee who oversees contractor |
compliance. |
(v) The Chairman of the Illinois Community College
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Board, or his or her designee who oversees technical and |
career education. |
(vi) A representative of the Illinois Community
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College Board involved in energy education and sustainable |
practices, designated by the Board. |
(vii) Four State legislators, one designated by the
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President of the Senate, one designated by the Speaker of |
the House, one designated by the Senate Minority Leader, |
and one designated by the House Minority Leader. |
(f) Appointees under subsection (d) shall serve a 2-year |
term and are eligible to be re-appointed one time. Members |
under subsection (e) shall serve ex officio or at the pleasure |
of the designating official, as applicable. |
(Source: P.A. 97-581, eff. 8-26-11.)
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Section 5-10. The High Speed Internet Services and |
Information Technology Act is amended by changing Section 20 as |
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follows:
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(20 ILCS 661/20)
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Sec. 20. Duties of the enlisted nonprofit organization. |
(a) The high speed Internet deployment strategy and demand |
creation initiative to be performed by the nonprofit |
organization shall include, but not be limited to, the |
following actions: |
(1) Create a geographic statewide inventory of high |
speed Internet service and other relevant broadband and |
information technology services. The inventory shall: |
(A) identify geographic gaps in high speed |
Internet service through a method of GIS mapping of |
service availability and GIS analysis at the census |
block level; |
(B) provide a baseline assessment of statewide |
high speed Internet deployment in terms of percentage |
of Illinois households with high speed Internet |
availability; and |
(C) collect from Facilities-based Providers of |
Broadband Connections to End User Locations the |
information provided pursuant to the agreements |
entered into with the non-profit organization as of the |
effective date of this amendatory Act of the 96th |
General Assembly or similar information from |
Facilities-based Providers of Broadband Connections to |
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End User Locations that do not have the agreements on |
said date. |
For the purposes of item (C), "Facilities-based |
Providers of Broadband Connections to End User |
Locations" shall have the same meaning as that term is |
defined in Section 13-407 of the Public Utilities Act. |
(2) Track and identify, through customer interviews |
and surveys and other publicly available sources, |
statewide residential and business adoption of high speed |
Internet, computers, and related information technology |
and any barriers to adoption. |
(3) Build and facilitate in each county or designated |
region a local technology planning team with members |
representing a cross section of the community, including, |
but not limited to, representatives of business, K-12 |
education, health care, libraries, higher education, |
community-based organizations, local government, tourism, |
parks and recreation, and agriculture. Each team shall |
benchmark technology use across relevant community |
sectors, set goals for improved technology use within each |
sector, and develop a plan for achieving its goals, with |
specific recommendations for online application |
development and demand creation. |
(4) Collaborate with high speed Internet providers and |
technology companies to encourage deployment and use, |
especially in underserved areas, by aggregating local |
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demand, mapping analysis, and creating market intelligence |
to improve the business case for providers to deploy. |
(5) Collaborate with the Department in developing a |
program to increase computer ownership and broadband |
access for disenfranchised populations across the State. |
The program may include grants to local community |
technology centers that provide technology training, |
promote computer ownership, and increase broadband access. |
(6) Collaborate with the Department and the Illinois |
Commerce Commission regarding the collection of the |
information required by this Section to assist in |
monitoring and analyzing the broadband markets and the |
status of competition and deployment of broadband services |
to consumers in the State, including the format of |
information requested, provided the Commission enters into |
the proprietary and confidentiality agreements governing |
such information. |
(b) The nonprofit organization may apply for federal grants |
consistent with the objectives of this Act. |
(c) (Blank). The Department of Commerce and Economic |
Opportunity shall use the funds in the High Speed Internet |
Services and Information Technology Fund to (1) provide grants |
to the nonprofit organization enlisted under this Act and (2) |
for any costs incurred by the Department to administer this |
Act. |
(d) The nonprofit organization shall have the power to |
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obtain or to raise funds other than the grants received from |
the Department under this Act. |
(e) The nonprofit organization and its Board of Directors |
shall exist separately and independently from the Department |
and any other governmental entity, but shall cooperate with |
other public or private entities it deems appropriate in |
carrying out its duties. |
(f) Notwithstanding anything in this Act or any other Act |
to the contrary, any information that is designated |
confidential or proprietary by an entity providing the |
information to the nonprofit organization or any other entity |
to accomplish the objectives of this Act shall be deemed |
confidential, proprietary, and a trade secret and treated by |
the nonprofit organization or anyone else possessing the |
information as such and shall not be disclosed. |
(g) The nonprofit organization shall provide a report to |
the Commission on Government Forecasting and Accountability on |
an annual basis for the first 3 complete State fiscal years |
following its enlistment.
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(Source: P.A. 95-684, eff. 10-19-07; 96-927, eff. 6-15-10.)
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(20 ILCS 661/30 rep.) |
Section 5-15. The High Speed Internet Services and |
Information Technology Act is amended by repealing Section 30.
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(20 ILCS 2310/2310-260 rep.)
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Section 5-20. The Department of Public Health Powers and |
Duties Law of the
Civil Administrative Code of Illinois is |
amended by repealing Section 2310-260.
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Section 5-25. The Department of Veterans Affairs Act is |
amended by changing Section 2 as follows:
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(20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)
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Sec. 2. Powers and duties. The Department shall have the |
following
powers and duties:
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To perform such acts at the request of any veteran, or his |
or her spouse,
surviving spouse or dependents as shall be |
reasonably necessary
or reasonably incident to obtaining or |
endeavoring to obtain for the requester
any advantage, benefit |
or emolument accruing or due to such person under
any law of |
the United States, the State of Illinois or any other state or
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governmental agency by reason of the service of such veteran, |
and in pursuance
thereof shall:
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(1) Contact veterans, their survivors and dependents |
and advise them of
the benefits of state and federal laws |
and assist them in obtaining such
benefits;
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(2) Establish field offices and direct the activities |
of the personnel
assigned to such offices;
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(3) Create and maintain a volunteer field force; the |
volunteer field force may include representatives from the |
following without limitation: educational institutions, |
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labor organizations, veterans
organizations, employers, |
churches, and farm organizations; the volunteer field |
force may not process federal veterans assistance claims;
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(4) Conduct informational and training services;
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(5) Conduct educational programs through newspapers, |
periodicals, social media, television, and radio
for the |
specific purpose of disseminating information affecting |
veterans
and their dependents;
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(6) Coordinate the services and activities of all state |
departments having
services and resources affecting |
veterans and their dependents;
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(7) Encourage and assist in the coordination of |
agencies within counties
giving service to veterans and |
their dependents;
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(8) Cooperate with veterans organizations and other |
governmental agencies;
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(9) Make, alter, amend and promulgate reasonable rules |
and procedures for
the administration of this Act;
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(10) Make and publish annual reports to the Governor |
regarding the
administration and general operation of the |
Department;
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(11) (Blank); and |
(12) (Blank).
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The Department may accept and hold on behalf of the State, |
if for the
public interest, a grant, gift, devise or bequest of |
money or property to
the Department made for the general |
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benefit of Illinois veterans,
including the conduct of |
informational and training services by the Department
and other |
authorized purposes of the Department. The Department shall |
cause
each grant, gift, devise or bequest to be kept as a |
distinct fund and shall
invest such funds in the manner |
provided by the Public Funds Investment Act, as
now or |
hereafter amended, and shall make such reports as may
be |
required by the Comptroller concerning what funds are so held |
and
the manner in which such funds are invested.
The Department |
may make grants from these funds for the general benefit of
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Illinois veterans. Grants from these funds, except for the |
funds established
under Sections 2.01a and 2.03, shall be |
subject to appropriation.
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The Department has the power to make grants, from funds |
appropriated from
the
Korean War Veterans National Museum and |
Library Fund, to private organizations
for the benefit of the |
Korean War Veterans National Museum and Library.
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The Department has the power to make grants, from funds |
appropriated from the Illinois Military Family Relief Fund, for |
benefits authorized under the Survivors Compensation Act.
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(Source: P.A. 99-314, eff. 8-7-15.)
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(20 ILCS 2805/25 rep.)
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Section 5-30. The Department of Veterans Affairs Act is |
amended by repealing Section 25.
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(30 ILCS 105/6z-89 rep.) |
(30 ILCS 105/6z-90 rep.) |
Section 5-40. The State Finance Act is amended by repealing |
Sections 5.438, 5.536, 5.554, 5.595, 5.624, 5.651, 5.665, |
5.696, 5.702, 5.721, 5.725, 5.744, 5.752, 5.784, 5.785, 5.793, |
5.802, 6b-3, 6p-6, 6z-76, 6z-80, 6z-84, 6z-89, and 6z-90.
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(30 ILCS 787/Act rep.) |
Section 5-45. The 21st Century Workforce Development Fund |
Act is repealed.
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(35 ILCS 5/507W rep.)
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(35 ILCS 5/507UU rep.) |
(35 ILCS 5/507VV rep.) |
Section 5-50. The Illinois Income Tax Act is amended by |
repealing Sections 507W, 507UU, and 507VV.
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(65 ILCS 120/Act rep.) |
Section 5-55. The 2016 Olympic and Paralympic Games Act is |
repealed.
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Section 5-60. The Housing Authorities Act is amended by |
changing Section 32 as follows:
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(310 ILCS 10/32) (from Ch. 67 1/2, par. 27e)
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Sec. 32.
An Authority created pursuant to this Act may be |
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dissolved
and its corporate status terminated in the following |
manner: whenever
the commissioners of an Authority adopt a |
resolution to the effect that
it has completed all projects |
undertaken by it, or that it has
undertaken no project and has |
no project in contemplation, and that it
has no other duties to |
perform in its area of operation, it shall submit
a certified |
copy thereof to the governing body of the area of operation
for |
which it was initially created. If the governing body concurs
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therein, it shall adopt an ordinance or resolution in support |
thereof
and transmit a certified copy thereof, together with |
the certified copy
of the resolution of the Authority, to the |
Department. The Department shall
audit the financial records of |
the Authority and if the Authority has
not been the recipient |
of funds from the State of Illinois, or if it has
received such |
funds and fully expended the same in the exercise of its
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statutory powers, and if no judicial action is then pending in |
which the
Authority, or the Commissioners thereof in their |
official capacity, is a
party, and if the Authority is not a |
party to any unexecuted contract or
agreement, oral or written, |
in which a monetary claim may be asserted
against it by any |
person, firm or corporation, it shall issue a
Certificate of |
Dissolution, attested by the Director of the Department,
and |
file the same for record in the office of the recorder in
the |
county in which the Authority is located.
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If the Authority has in its possession or title public |
funds which
are or have been derived from grants made by the |
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State of Illinois, or
any real or personal property acquired by |
such state funds, and if no
judicial action is pending or |
contractual claims outstanding against
such Authority as above |
provided, the Department shall require the Authority
to |
transfer such funds to it, and
to sell and liquidate its |
interest in such real or personal property at
a fair value to |
be fixed by the Department and pay the proceeds thereof
to the |
Department. Upon compliance with such direction, the |
Department
shall issue, and file for recording, a Certificate |
of Dissolution in the
manner above provided. All moneys |
received by the Department from the
Authority shall forthwith |
be paid into the Housing Fund as provided in
Section 46.1 of |
the "State Housing Act".
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An Authority shall be deemed legally dissolved upon the |
filing of the
Certificate of Dissolution in the Office of the |
recorder as
herein provided. Such dissolution shall not affect |
or impair the
validity of any deed of conveyance theretofore |
executed and delivered by
the Authority. The dissolution of an |
Authority shall not be a bar to
the establishment of a new |
Authority for the same area of operation in
the manner provided |
by Section 3 of this Act.
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(Source: P.A. 83-358.)
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Section 5-65. The Housing Development and Construction Act |
is amended by changing Section 9a as follows:
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(310 ILCS 20/9a) (from Ch. 67 1/2, par. 61a)
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Sec. 9a. In the event that any housing authority or land |
clearance
commission has failed or refused to initiate any |
project or projects for
which it has received grants of State |
funds under the provisions of this
Act or "An Act to promote |
the improvement of housing," approved July 26,
1945, and the |
Department of Commerce and Economic Opportunity, upon the basis |
of
an investigation, is convinced that such housing authority |
or land
clearance commission is unable or unwilling to proceed |
thereon, the
Department may direct the housing authority or |
land clearance commission
to transfer to the Department the |
balance of the State funds then in
the possession of such |
agency, and upon failure to do so within thirty
days after such |
demand, the Department shall institute a civil action
for the |
recovery thereof, which action shall be maintained by the
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Attorney General of the State of Illinois or the state's |
attorney of the
county in which the housing authority or land |
clearance commission has
its area of operation.
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Any officer or member of any such housing authority or land |
clearance
commission who refuses to comply with the demand of |
the Department of
Commerce and Economic Opportunity for the
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transfer of State funds as herein
provided shall be guilty of a |
Class A misdemeanor.
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All State funds recovered by the Department of Commerce and |
Economic Opportunity
pursuant to this section shall forthwith |
be paid into the State Housing
Fund in the State Treasury.
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(Source: P.A. 94-793, eff. 5-19-06.)
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(315 ILCS 5/25a rep.)
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Section 5-70. The Blighted Areas Redevelopment Act of 1947 |
is amended by repealing Section 25a.
|
Section 5-75. The Older Adult Services Act is amended by |
changing Section 30 as follows:
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(320 ILCS 42/30)
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Sec. 30. Nursing home conversion program. |
(a) The Department of Public Health, in collaboration with |
the Department on Aging and the Department of Healthcare and |
Family Services, shall establish a nursing home conversion |
program. Start-up grants, pursuant to subsections (l) and (m) |
of this Section, shall be made available to nursing homes as |
appropriations permit as an incentive to reduce certified beds, |
retrofit, and retool operations to meet new service delivery |
expectations and demands. |
(b) Grant moneys shall be made available for capital and |
other costs related to: (1) the conversion of all or a part of |
a nursing home to an assisted living establishment or a special |
program or unit for persons with Alzheimer's disease or related |
disorders licensed under the Assisted Living and Shared Housing |
Act or a supportive living facility established under Section |
5-5.01a of the Illinois Public Aid Code; (2) the conversion of |
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multi-resident bedrooms in the facility into single-occupancy |
rooms; and (3) the development of any of the services |
identified in a priority service plan that can be provided by a |
nursing home within the confines of a nursing home or |
transportation services. Grantees shall be required to provide |
a minimum of a 20% match toward the total cost of the project. |
(c) Nothing in this Act shall prohibit the co-location of |
services or the development of multifunctional centers under |
subsection (f) of Section 20, including a nursing home offering |
community-based services or a community provider establishing |
a residential facility. |
(d) A certified nursing home with at least 50% of its |
resident population having their care paid for by the Medicaid |
program is eligible to apply for a grant under this Section. |
(e) Any nursing home receiving a grant under this Section |
shall reduce the number of certified nursing home beds by a |
number equal to or greater than the number of beds being |
converted for one or more of the permitted uses under item (1) |
or (2) of subsection (b). The nursing home shall retain the |
Certificate of Need for its nursing and sheltered care beds |
that were converted for 15 years. If the beds are reinstated by |
the provider or its successor in interest, the provider shall |
pay to the fund from which the grant was awarded, on an |
amortized basis, the amount of the grant. The Department shall |
establish, by rule, the bed reduction methodology for nursing |
homes that receive a grant pursuant to item (3) of subsection |
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(b). |
(f) Any nursing home receiving a grant under this Section |
shall agree that, for a minimum of 10 years after the date that |
the grant is awarded, a minimum of 50% of the nursing home's |
resident population shall have their care paid for by the |
Medicaid program. If the nursing home provider or its successor |
in interest ceases to comply with the requirement set forth in |
this subsection, the provider shall pay to the fund from which |
the grant was awarded, on an amortized basis, the amount of the |
grant. |
(g) Before awarding grants, the Department of Public Health |
shall seek recommendations from the Department on Aging and the |
Department of Healthcare and Family Services. The Department of |
Public Health shall attempt to balance the distribution of |
grants among geographic regions, and among small and large |
nursing homes. The Department of Public Health shall develop, |
by rule, the criteria for the award of grants based upon the |
following factors:
|
(1) the unique needs of older adults (including those |
with moderate and low incomes), caregivers, and providers |
in the geographic area of the State the grantee seeks to |
serve; |
(2) whether the grantee proposes to provide services in |
a priority service area; |
(3) the extent to which the conversion or transition |
will result in the reduction of certified nursing home beds |
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in an area with excess beds; |
(4) the compliance history of the nursing home; and |
(5) any other relevant factors identified by the |
Department, including standards of need. |
(h) A conversion funded in whole or in part by a grant |
under this Section must not: |
(1) diminish or reduce the quality of services |
available to nursing home residents; |
(2) force any nursing home resident to involuntarily |
accept home-based or community-based services instead of |
nursing home services; |
(3) diminish or reduce the supply and distribution of |
nursing home services in any community below the level of |
need, as defined by the Department by rule; or |
(4) cause undue hardship on any person who requires |
nursing home care. |
(i) The Department shall prescribe, by rule, the grant |
application process. At a minimum, every application must |
include: |
(1) the type of grant sought; |
(2) a description of the project; |
(3) the objective of the project; |
(4) the likelihood of the project meeting identified |
needs; |
(5) the plan for financing, administration, and |
evaluation of the project; |
|
(6) the timetable for implementation;
|
(7) the roles and capabilities of responsible |
individuals and organizations; |
(8) documentation of collaboration with other service |
providers, local community government leaders, and other |
stakeholders, other providers, and any other stakeholders |
in the community;
|
(9) documentation of community support for the |
project, including support by other service providers, |
local community government leaders, and other |
stakeholders; |
(10) the total budget for the project;
|
(11) the financial condition of the applicant; and |
(12) any other application requirements that may be |
established by the Department by rule.
|
(j) A conversion project funded in whole or in part by a |
grant under this Section is exempt from the requirements of the |
Illinois Health Facilities Planning Act.
The Department of |
Public Health, however, shall send to the Health Facilities and |
Services Review Board a copy of each grant award made under |
this Section. |
(k) Applications for grants are public information, except |
that nursing home financial condition and any proprietary data |
shall be classified as nonpublic data.
|
(l) The Department of Public Health may award grants from |
the Long Term Care Civil Money Penalties Fund established under |
|
Section 1919(h)(2)(A)(ii) of the Social Security Act and 42 CFR |
488.422(g) if the award meets federal requirements.
|
(m) (Blank). The Nursing Home Conversion Fund is created as |
a special fund in the State treasury. Moneys appropriated by |
the General Assembly or transferred from other sources for the |
purposes of this Section shall be deposited into the Fund. All |
interest earned on moneys in the fund shall be credited to the |
fund. Moneys contained in the fund shall be used to support the |
purposes of this Section. |
(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09; |
96-758, eff. 8-25-09; 96-1000, eff. 7-2-10.)
|
Section 5-80. The Illinois Prescription Drug Discount
|
Program Act is amended by adding Sections 55 and 60 as follows:
|
(320 ILCS 55/55 new) |
Sec. 55. Unexpended funds. Notwithstanding any other |
provision of law, in addition to any other transfers that may |
be provided by law, on July 1, 2016, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the remaining balance from the |
Illinois Prescription Drug Discount Program Fund into the |
General Revenue Fund. Upon completion of the transfers, the |
Illinois Prescription Drug Discount Program Fund is dissolved, |
and any future deposits due to that Fund and any outstanding |
obligations or liabilities of that Fund pass to the General |
|
Revenue Fund.
|
(320 ILCS 55/60 new) |
Sec. 60. Repeal. This Act is repealed on October 1, 2016.
|
Section 5-85. The Cigarette Fire Safety Standard Act is |
amended by changing Section 45 as follows:
|
(425 ILCS 8/45)
|
Sec. 45. Penalties; Cigarette Fire Safety Standard Act |
Fund.
|
(a) Any manufacturer, wholesale dealer, agent, or other |
person or entity who knowingly sells cigarettes wholesale in |
violation of item (3) of subsection (a) of Section 10 of this |
Act shall be subject to a civil penalty not to exceed $10,000 |
for each sale of the cigarettes. Any retail dealer who |
knowingly sells cigarettes in violation of Section 10 of this |
Act shall be subject to the following: (i) a civil penalty not |
to exceed $500 for each sale or offer for sale of cigarettes, |
provided that the total number of cigarettes sold or offered |
for sale in such sale does not exceed 1,000 cigarettes; (ii) a |
civil penalty not to exceed $1,000 for each sale or offer for |
sale of the cigarettes, provided that the total number of |
cigarettes sold or offered for sale in such sale exceeds 1,000 |
cigarettes. |
(b) In addition to any penalty prescribed by law, any |
|
corporation, partnership, sole proprietor, limited |
partnership, or association engaged in the manufacture of |
cigarettes that knowingly makes a false certification pursuant |
to Section 30 of this Act shall be subject to a civil penalty |
not to exceed $10,000 for each false certification. |
(c) Upon discovery by the Office of the State Fire Marshal, |
the Department of Revenue, the Office of the Attorney General, |
or a law enforcement agency that any person offers, possesses |
for sale, or has made a sale of cigarettes in violation of |
Section 10 of this Act, the Office of the State Fire Marshal, |
the Department of Revenue, the Office of the Attorney General, |
or the law enforcement agency may seize those cigarettes |
possessed in violation of this Act. |
(d) The Cigarette Fire Safety Standard Act Fund is |
established as a special fund in the State treasury. The Fund |
shall consist of all moneys recovered by the Attorney General |
from the assessment of civil penalties authorized by this |
Section. The moneys in the Fund shall, in addition to any |
moneys made available for such purpose, be available, subject |
to appropriation, to the Office of the State Fire Marshal for |
the purpose of fire safety and prevention programs.
|
(e) Notwithstanding any other provision of law, in addition |
to any other transfers that may be provided by law, on July 1, |
2016, or as soon thereafter as practical, the State Comptroller |
shall direct and the State Treasurer shall transfer the |
remaining balance from the Cigarette Fire Safety Standard Act |
|
Fund into the General Revenue Fund. Upon completion of the |
transfers, the Cigarette Fire Safety Standard Act Fund is |
dissolved, and any future deposits due to that Fund and any |
outstanding obligations or liabilities of that Fund pass to the |
General Revenue Fund. |
(Source: P.A. 94-775, eff. 1-1-08.)
|
(625 ILCS 5/12-601.2 rep.) |
Section 5-90. The Illinois Vehicle Code is amended by |
repealing Section 12-601.2.
|
Section 5-95. The Gang Crime
Witness
Protection Act of 2013 |
is amended by changing Section 20 as follows:
|
(725 ILCS 173/20)
|
Sec. 20. Gang Crime Witness Protection Program Fund. There |
is created in the
State Treasury the Gang Crime Witness |
Protection Program Fund into which shall be
deposited |
appropriated funds, grants, or other funds made available to |
the
Illinois Criminal Justice Information Authority to assist |
State's Attorneys and the Attorney General
in protecting |
victims and witnesses who are aiding in the prosecution of
|
perpetrators of gang crime, and appropriate related persons.
|
Within 30 days after the effective date of this Act, all moneys |
in the Gang Crime Witness Protection Fund shall be transferred |
into the Gang Crime Witness Protection Program Fund.
|
|
(Source: P.A. 98-58, eff. 7-8-13.)
|
ARTICLE 10. |
MANDATE RELIEF
|
Section 10-5. The Family Farm Assistance Act is amended by |
changing Section 25 as follows:
|
(20 ILCS 660/25) (from Ch. 5, par. 2725)
|
Sec. 25. Powers; duties. The Department has the following |
powers
and duties:
|
(a) The Department may shall establish and coordinate a |
Farm Family
Assistance Program.
|
(b) The Department may shall establish guidelines to |
identify farmers, farm
families, and farm workers who are |
eligible for the program.
|
(c) The Department may shall identify and assess the needs |
of eligible
farmers, farm families, and farm workers and may |
shall coordinate or provide
reemployment services such as |
outreach, counseling, vocational assessment,
classroom |
training, on-the-job training, job search assistance, |
placement,
supportive services, and follow-up, so that the |
farmers may remain in
farming or find other employment if |
farming is no longer an option.
|
(d) The Department may adopt, amend, or repeal such rules |
and regulations
as may be necessary to administer this Act.
|
|
(Source: P.A. 87-170.)
|
(20 ILCS 3405/20 rep.)
|
Section 10-10. The Historic Preservation Agency Act is |
amended by repealing Section 20.
|
Section 10-15. The Local Legacy Act is amended by changing |
Section 15 as follows:
|
(20 ILCS 3988/15)
|
Sec. 15. The Local Legacy Board. The Local Legacy Board is
|
created to administer the Program under this Act. The |
membership of
the Board shall be composed of the Director of
|
Natural Resources, the Director of Historic Preservation, and |
the
Director of Agriculture, or their respective designees. The
|
Board must choose a Chairperson to serve for 2 years on a |
rotating
basis. All members must be present for the Board to |
conduct official business.
The Departments must each furnish |
technical support to the
Board.
|
The Board has those powers necessary to carry out the |
purposes of
this Act, including, without limitation, the power |
to:
|
(1) employ agents and employees necessary to carry out |
the
purposes of this Act and fix their compensation, |
benefits,
terms, and conditions of employment;
|
(2) adopt, alter and use a corporate seal;
|
|
(3) have an audit made of the accounts of any grantee |
or any
person or entity that receives funding under this |
Act;
|
(4) enforce the terms of any grant made under this Act, |
whether
in law or equity, or by any other legal means;
|
(5) prepare and submit a budget and request for |
appropriations
for the necessary and contingent operating |
expenses of the
Board; and
|
(6) receive and accept, from any source, aid or |
contributions of money,
property, labor, or other items of |
value for furtherance of any of its
purposes, subject to |
any conditions not inconsistent with this Act or with the
|
laws of this State pertaining to those contributions, |
including, but not
limited to, gifts, guarantees, or grants |
from any department, agency, or
instrumentality of the |
United States of America.
|
The Board may must adopt any rules, regulations, |
guidelines, and
directives necessary to implement the Act, |
including guidelines for
designing inventories so that they |
will be compatible with each other.
|
The Board must submit a report to the General Assembly and |
the
Governor by January 1, 2005 and every 2 years thereafter |
regarding
progress made towards accomplishing the purposes of |
this Act, except that beginning on the effective date of this |
amendatory Act of the 99th General Assembly, the Board shall |
submit a report only if significant progress has been made |
