HB2406sam001 102ND GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 11/15/2022

10200HB2406sam001 LRB102 13035 BMS 41651 a

AMENDMENT TO HOUSE BILL 2406

AMENDMENT NO. ______. Amend House Bill 2406 by replacing everything after the enacting clause with the following:

"Section 5. The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by changing Section 605-1045.1 as follows:

(20 ILCS 605/605-1045.1)

(Section scheduled to be repealed on January 1, 2023)

Sec. 605-1045.1. Restore Illinois Collaborative Commission. The General Assembly finds and declares that this amendatory Act of the 102nd General Assembly manifests the intention of the General Assembly to extend the repeal of Section 605-1045. Section 605-1045 as enacted and reenacted in this Section shall be deemed to have been in continuous effect since June 12, 2020 and it shall continue to be in effect henceforward until it is otherwise lawfully repealed. All previously enacted amendments to this Section taking effect on or after June 12, 2020, are hereby validated. All actions taken in reliance on the continuing effect of Section 605-1045 by any person or entity are hereby validated. In order to ensure the continuing effectiveness of this Section, it is set forth in full and reenacted by this amendatory Act of the 102nd General Assembly. This reenactment is intended as a continuation of this Section. It is not intended to supersede any amendment to this Section that is enacted by the 102nd General Assembly.

(a) The General Assembly hereby finds and declares that the State is confronted with a public health crisis that has created unprecedented challenges for the State's diverse economic base. In light of this crisis, and the heightened need for collaboration between the legislative and executive branches, the General Assembly hereby establishes the Restore Illinois Collaborative Commission. The members of the Commission will participate in and provide input on plans to revive the various sectors of the State's economy in the wake of the COVID-19 pandemic.

(b) The Department may request meetings be convened to address revitalization efforts for the various sectors of the State's economy. Such meetings may include public participation as determined by the Commission.

(c) The Department shall provide a written report to the Commission and the General Assembly not less than every 30 days regarding the status of current and proposed revitalization efforts. The written report shall include applicable metrics that demonstrate progress on recovery efforts, as well as any additional information as requested by the Commission. The first report shall be delivered by July 1, 2020. The reports to the General Assembly shall be delivered to all members, in addition to complying with the requirements of Section 3.1 of the General Assembly Organization Act.

(d) The Restore Illinois Collaborative Commission shall consist of 14 members, appointed as follows:

(1) four members of the House of Representatives appointed by the Speaker of the House of Representatives;

(2) four members of the Senate appointed by the Senate President;

(3) three members of the House of Representatives appointed by the Minority Leader of the House of Representatives; and

(4) three members of the Senate appointed by the Senate Minority Leader.

(e) The Speaker of the House of Representatives and the Senate President shall each appoint one member of the Commission to serve as a Co-Chair. The Co-Chairs may convene meetings of the Commission. The members of the Commission shall serve without compensation.

(f) This Section is repealed January 1, 2024 2023.

(Source: P.A. 102-577, eff. 8-24-21.)

Section 10. The Illinois Power Agency Act is amended by changing Section 1-130 as follows:

(20 ILCS 3855/1-130)

(Section scheduled to be repealed on January 1, 2023)

Sec. 1-130. Home rule preemption.

(a) The authorization to impose any new taxes or fees specifically related to the generation of electricity by, the capacity to generate electricity by, or the emissions into the atmosphere by electric generating facilities after the effective date of this Act is an exclusive power and function of the State. A home rule unit may not levy any new taxes or fees specifically related to the generation of electricity by, the capacity to generate electricity by, or the emissions into the atmosphere by electric generating facilities after the effective date of this Act. This Section is a denial and limitation on home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

(b) This Section is repealed on January 1, 2024 2023.

(Source: P.A. 101-639, eff. 6-12-20; 102-671, eff. 11-30-21.)

Section 15. The Illinois Immigrant Impact Task Force Act is amended by changing Sections 5 and 10 as follows:

(20 ILCS 5156/5)

(Section scheduled to be repealed on January 1, 2023)

Sec. 5. Illinois Immigrant Impact Task Force.

(a) There is hereby established the Illinois Immigrant Impact Task Force.

(b) The Task Force shall consist of 27 members appointed as follows:

(1) one member appointed by the President of the Senate;

(2) one member appointed by the Speaker of the House of Representatives;

(3) one member appointed by the Minority Leader of the Senate;

(4) one member appointed by the Minority Leader of the House of Representatives;

(5) one representative of the Governor's Office;

(6) one representative of the Governor's Office of Management and Budget;

(7) one representative of the Lieutenant Governor's Office;

(8) the Executive Director of the Illinois Housing Development Authority or his or her designee;

(9) the Secretary of Human Services or his or her designee;

(10) the Director on Aging or his or her designee;

(11) the Director of Commerce and Economic Opportunity or his or her designee;

(12) the Director of Children and Family Services or his or her designee;

(13) the Director of Public Health or his or her designee;

(14) the Director of Healthcare and Family Services or his or her designee;

(15) the Director of Human Rights or his or her designee;

(16) the Director of Employment Security or his or her designee;

(17) the Director of Juvenile Justice or his or her designee;

(18) the Director of Corrections or his or her designee;

(19) the Executive Director of the Illinois Criminal Justice Information Authority or his or her designee;

(20) the Chairman of the State Board of Education or his or her designee;

(21) the Chairman of the Board of Higher Education or his or her designee;

(22) the Chairman of the Illinois Community College Board or his or her designee; and

(23) five representatives from organizations offering aid or services to immigrants, appointed by the Governor.

(c) The Task Force shall convene as soon as practicable after the effective date of this Act, and shall hold at least 6 meetings. Members of the Task Force shall serve without compensation. The Department of Human Services, in consultation with any other State agency relevant to the issue of immigration in this State, shall provide administrative and other support to the Task Force.

(d) The Task Force shall examine the following issues:

(1) what the State of Illinois is currently doing to proactively help immigrant communities in this State, including whether such persons are receiving help to become citizens, receiving help to become business owners, and receiving aid for educational purposes;

(2) what can the State do going forward to improve relations between the State and immigrant communities in this State;

(3) what is the status of immigrant communities from urban, suburban, and rural areas of this State, and whether adequate support and resources have been provided to these communities;

(4) the extent to which immigrants in this State are being discriminated against;

(5) whether the laws specifically intended to benefit immigrant populations in this State are actually having a beneficial effect;

(6) the practices and procedures of the federal Immigration and Customs Enforcement agency within this State;

(7) the use and condition of detention centers in this State;

(8) all contracts in Illinois entered into with United States Immigration and Customs Enforcement, including contracts with private detention centers, the Illinois State Police, and the Secretary of State's Office, Division of Motor Vehicles;

(9) the impact of the COVID-19 pandemic on immigrant communities, including health impact rates, employment rates, housing, small businesses, and community development;

(10) the disbursement of funds received by different agencies that went to immigrant communities;

(11) language access programs and their impact on helping immigrant communities better interact with State agencies, and whether existing language access programs are effective in helping immigrant communities interact with the State. The Task Force shall also examine whether all State agencies provide language access for non-English speakers, and which agencies and in what regions of the State is there a lack of language access that creates barriers for non-English dominant speakers from accessing support from the State;

(12) the extent to which disparities in access to technology exist in immigrant communities and whether they lead to educational, financial, and other disadvantages; and

(13) the extent to which State programs intended for vulnerable populations such as victims of trafficking, crime, and abuse are being implemented or need to be implemented.

(e) The Task Force shall report its findings and recommendations based upon its examination of issues under subsection (d) to the Governor and the General Assembly on or before April 30, 2023 December 31, 2022.

(Source: P.A. 102-236, eff. 8-2-21; 102-1071, eff. 6-10-22.)

(20 ILCS 5156/10)

(Section scheduled to be repealed on January 1, 2023)

Sec. 10. Repeal. This Act is repealed on May 1 January 1, 2023.

(Source: P.A. 102-236, eff. 8-2-21.)

Section 20. The Special Commission on Gynecologic Cancers Act is amended by changing Section 100-90 as follows:

(20 ILCS 5170/100-90)

(Section scheduled to be repealed on January 1, 2023)

Sec. 100-90. Repeal. This Article is repealed on January 1, 2028 2023.

(Source: P.A. 102-4, eff. 4-27-21.)

Section 25. The Developmental Disability and Mental Disability Services Act is amended by changing Section 7A-1 as follows:

(405 ILCS 80/7A-1)

(Section scheduled to be repealed on January 1, 2023)

Sec. 7A-1. Diversion from Facility-based Care Pilot Program.

(a) The purposes of this Article are to:

(1) decrease the number of admissions to State-operated facilities;

(2) address the needs of individuals receiving Home and Community Based Services (HCBS) with intellectual disabilities or developmental disabilities who are at risk of facility-based care due to significant behavioral challenges, some with a dual diagnosis of mental illness, by providing a community-based residential alternative to facility-based care consistent with their individual plans, and to transition these individuals back to a traditional community-integrated living arrangement or other HCBS community setting program;

(3) create greater capacity within the short-term stabilization homes by allowing individuals who need an extended period of treatment to transfer to a long-term stabilization home;

(4) stabilize the existing community-integrated living arrangement homes where the presence of individuals with complex behavioral challenges is disruptive to their housemates; and

(5) add support services to enhance community service providers who serve individuals with significant behavioral challenges.

(b) Subject to appropriation or the availability of other funds for these purposes at the discretion of the Department, the Department shall establish the Diversion from Facility-based Care Pilot Program consisting of at least 6 homes in various locations in this State in accordance with this Article and the following model:

(1) the Diversion from Facility-based Care Model shall serve individuals with intellectual disabilities or developmental disabilities who are currently receiving HCBS services and are at risk of facility-based care due to significant behavioral challenges, some with a dual diagnosis of mental illness, for a period ranging from one to 2 years, or longer if appropriate for the individual;

(2) the Program shall be regulated in accordance with the community-integrated living arrangement guidelines;

(3) each home shall support no more than 4 residents, each having his or her own bedroom;

(4) if, at any point, an individual, his or her guardian, or family caregivers, in conjunction with the provider and clinical staff, believe the individual is capable of participating in a HCBS service, those opportunities shall be offered as they become available; and

(5) providers shall have adequate resources, experience, and qualifications to serve the population target by the Program, as determined by the Department;

(6) participating Program providers and the Department shall participate in an ongoing collaborative whereby best practices and treatment experiences would be shared and utilized;

(7) home locations shall be proposed by the provider in collaboration with other community stakeholders;

(8) The Department, in collaboration with participating providers, by rule shall develop data collection and reporting requirements for participating community service providers. Beginning December 31, 2020 the Department shall submit an annual report electronically to the General Assembly and Governor that outlines the progress and effectiveness of the pilot program. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct;

(9) the staffing model shall allow for a high level of community integration and engagement and family involvement; and

(10) appropriate day services, staff training priorities, and home modifications shall be incorporated into the Program model, as allowed by HCBS authorization.

(c) This Section is repealed on January 1, 2025 2023.

(Source: P.A. 100-924, eff. 7-1-19.)

Section 30. The Disposition of Remains of the Indigent Act is amended by changing Section 35 as follows:

(755 ILCS 66/35)

(Section scheduled to be repealed on December 31, 2022)

Sec. 35. Repealer. This Act is repealed on December 31, 2027 2022.

(Source: P.A. 100-526, eff. 6-1-18.)

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