Sen. Don Harmon
Filed: 11/15/2022
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 2406
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 2406 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Department of Commerce and Economic | ||||||
5 | Opportunity Law of the
Civil Administrative Code of Illinois | ||||||
6 | is amended by changing Section 605-1045.1 as follows: | ||||||
7 | (20 ILCS 605/605-1045.1) | ||||||
8 | (Section scheduled to be repealed on January 1, 2023) | ||||||
9 | Sec. 605-1045.1. Restore Illinois Collaborative | ||||||
10 | Commission. The General Assembly finds and declares that this | ||||||
11 | amendatory Act of the 102nd General Assembly manifests the | ||||||
12 | intention of the General Assembly to extend the repeal of | ||||||
13 | Section 605-1045. Section 605-1045 as enacted and reenacted in | ||||||
14 | this Section shall be deemed to have been in continuous effect | ||||||
15 | since June 12, 2020 and it shall continue to be in effect | ||||||
16 | henceforward until it is otherwise lawfully repealed. All |
| |||||||
| |||||||
1 | previously enacted amendments to this Section taking effect on | ||||||
2 | or after June 12, 2020, are hereby validated. All actions | ||||||
3 | taken in reliance on the continuing effect of Section 605-1045 | ||||||
4 | by any person or entity are hereby validated. In order to | ||||||
5 | ensure the continuing effectiveness of this Section, it is set | ||||||
6 | forth in full and reenacted by this amendatory Act of the 102nd | ||||||
7 | General Assembly. This reenactment is intended as a | ||||||
8 | continuation of this Section. It is not intended to supersede | ||||||
9 | any amendment to this Section that is enacted by the 102nd | ||||||
10 | General Assembly. | ||||||
11 | (a) The General Assembly hereby finds and declares that | ||||||
12 | the State is confronted with a public health crisis that has | ||||||
13 | created unprecedented challenges for the State's diverse | ||||||
14 | economic base. In light of this crisis, and the heightened | ||||||
15 | need for collaboration between the legislative and executive | ||||||
16 | branches, the General Assembly hereby establishes the Restore | ||||||
17 | Illinois Collaborative Commission. The members of the | ||||||
18 | Commission will participate in and provide input on plans to | ||||||
19 | revive the various sectors of the State's economy in the wake | ||||||
20 | of the COVID-19 pandemic. | ||||||
21 | (b) The Department may request meetings be convened to | ||||||
22 | address revitalization efforts for the various sectors of the | ||||||
23 | State's economy. Such meetings may include public | ||||||
24 | participation as determined by the Commission. | ||||||
25 | (c) The Department shall provide a written report to the | ||||||
26 | Commission and the General Assembly not less than every 30 |
| |||||||
| |||||||
1 | days regarding the status of current and proposed | ||||||
2 | revitalization efforts. The written report shall include | ||||||
3 | applicable metrics that demonstrate progress on recovery | ||||||
4 | efforts, as well as any additional information as requested by | ||||||
5 | the Commission. The first report shall be delivered by July 1, | ||||||
6 | 2020. The reports to the General Assembly shall be delivered | ||||||
7 | to all members, in addition to complying with the requirements | ||||||
8 | of Section 3.1 of the General Assembly Organization Act. | ||||||
9 | (d) The Restore Illinois Collaborative Commission shall | ||||||
10 | consist of 14 members, appointed as follows: | ||||||
11 | (1) four members of the House of Representatives | ||||||
12 | appointed by the Speaker of the House of Representatives; | ||||||
13 | (2) four members of the Senate appointed by the Senate | ||||||
14 | President; | ||||||
15 | (3) three members of the House of Representatives | ||||||
16 | appointed by the Minority Leader of the House of | ||||||
17 | Representatives; and | ||||||
18 | (4) three members of the Senate appointed by the | ||||||
19 | Senate Minority Leader. | ||||||
20 | (e) The Speaker of the House of Representatives and the | ||||||
21 | Senate President shall each appoint one member of the | ||||||
22 | Commission to serve as a Co-Chair. The Co-Chairs may convene | ||||||
23 | meetings of the Commission. The members of the Commission | ||||||
24 | shall serve without compensation. | ||||||
25 | (f) This Section is repealed January 1, 2024 2023 .
| ||||||
26 | (Source: P.A. 102-577, eff. 8-24-21.) |
| |||||||
| |||||||
1 | Section 10. The Illinois Power Agency Act is amended by | ||||||
2 | changing Section 1-130 as follows: | ||||||
3 | (20 ILCS 3855/1-130) | ||||||
4 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
5 | Sec. 1-130. Home rule preemption. | ||||||
6 | (a) The authorization to impose any new taxes or fees | ||||||
7 | specifically related to the generation of electricity by, the | ||||||
8 | capacity to generate electricity by, or the emissions into the | ||||||
9 | atmosphere by electric generating facilities after the | ||||||
10 | effective date of this Act is an exclusive power and function | ||||||
11 | of the State. A home rule unit may not levy any new taxes or | ||||||
12 | fees specifically related to the generation of electricity by, | ||||||
13 | the capacity to generate electricity by, or the emissions into | ||||||
14 | the atmosphere by electric generating facilities after the | ||||||
15 | effective date of this Act. This Section is a denial and | ||||||
16 | limitation on home rule powers and functions under subsection | ||||||
17 | (g) of Section 6 of Article VII of the Illinois Constitution. | ||||||
18 | (b) This Section is repealed on January 1, 2024 2023 .
| ||||||
19 | (Source: P.A. 101-639, eff. 6-12-20; 102-671, eff. 11-30-21.) | ||||||
20 | Section 15. The Illinois Immigrant Impact Task Force Act | ||||||
21 | is amended by changing Sections 5 and 10 as follows: | ||||||
22 | (20 ILCS 5156/5) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
2 | Sec. 5. Illinois Immigrant Impact Task Force.
| ||||||
3 | (a) There is hereby established the Illinois Immigrant | ||||||
4 | Impact Task Force.
| ||||||
5 | (b) The Task Force shall consist of 27 members appointed | ||||||
6 | as follows:
| ||||||
7 | (1) one member appointed by the President of the | ||||||
8 | Senate;
| ||||||
9 | (2) one member appointed by the Speaker of the House | ||||||
10 | of Representatives;
| ||||||
11 | (3) one member appointed by the Minority Leader of the | ||||||
12 | Senate;
| ||||||
13 | (4) one member appointed by the Minority Leader of the | ||||||
14 | House of Representatives;
| ||||||
15 | (5) one representative of the Governor's Office;
| ||||||
16 | (6) one representative of the Governor's Office of | ||||||
17 | Management and Budget;
| ||||||
18 | (7) one representative of the Lieutenant Governor's | ||||||
19 | Office;
| ||||||
20 | (8) the Executive Director of the Illinois Housing | ||||||
21 | Development Authority or his or her designee;
| ||||||
22 | (9) the Secretary of Human Services or his or her | ||||||
23 | designee;
| ||||||
24 | (10) the Director on Aging or his or her designee;
| ||||||
25 | (11) the Director of Commerce and Economic Opportunity | ||||||
26 | or his or her designee;
|
| |||||||
| |||||||
1 | (12) the Director of Children and Family Services or | ||||||
2 | his or her designee;
| ||||||
3 | (13) the Director of Public Health or his or her | ||||||
4 | designee;
| ||||||
5 | (14) the Director of Healthcare and Family Services or | ||||||
6 | his or her designee;
| ||||||
7 | (15) the Director of Human Rights or his or her | ||||||
8 | designee;
| ||||||
9 | (16) the Director of Employment Security or his or her | ||||||
10 | designee; | ||||||
11 | (17) the Director of Juvenile Justice or his or her | ||||||
12 | designee; | ||||||
13 | (18) the Director of Corrections or his or her | ||||||
14 | designee; | ||||||
15 | (19) the Executive Director of the Illinois Criminal | ||||||
16 | Justice Information Authority or his or her designee; | ||||||
17 | (20) the Chairman of the State Board of Education or | ||||||
18 | his or her designee; | ||||||
19 | (21) the Chairman of the Board of Higher Education or | ||||||
20 | his or her designee; | ||||||
21 | (22) the Chairman of the Illinois Community College | ||||||
22 | Board or his or her designee; and | ||||||
23 | (23) five representatives from organizations offering | ||||||
24 | aid or services to immigrants, appointed by the Governor. | ||||||
25 | (c) The Task Force shall convene as soon as practicable | ||||||
26 | after the effective date of this Act, and shall hold at least 6 |
| |||||||
| |||||||
1 | meetings. Members of the Task Force shall serve without | ||||||
2 | compensation. The Department of Human Services, in | ||||||
3 | consultation with any other State agency relevant to the issue | ||||||
4 | of immigration in this State, shall provide administrative and | ||||||
5 | other support to the Task Force.
| ||||||
6 | (d) The Task Force shall examine the following issues:
| ||||||
7 | (1) what the State of Illinois is currently doing to | ||||||
8 | proactively help immigrant communities in this State, | ||||||
9 | including whether such persons are receiving help to | ||||||
10 | become citizens, receiving help to become business owners, | ||||||
11 | and receiving aid for educational purposes;
| ||||||
12 | (2) what can the State do going forward to improve | ||||||
13 | relations between the State and immigrant communities in | ||||||
14 | this State;
| ||||||
15 | (3) what is the status of immigrant communities from | ||||||
16 | urban, suburban, and rural areas of this State, and | ||||||
17 | whether adequate support and resources have been provided | ||||||
18 | to these communities;
| ||||||
19 | (4) the extent to which immigrants in this State are | ||||||
20 | being discriminated against;
| ||||||
21 | (5) whether the laws specifically intended to benefit | ||||||
22 | immigrant populations in this State are actually having a | ||||||
23 | beneficial effect; | ||||||
24 | (6) the practices and procedures of the federal | ||||||
25 | Immigration and Customs Enforcement agency within this | ||||||
26 | State; |
| |||||||
| |||||||
1 | (7) the use and condition of detention centers in this | ||||||
2 | State; | ||||||
3 | (8) all contracts in Illinois entered into with United | ||||||
4 | States Immigration and Customs Enforcement, including | ||||||
5 | contracts with private detention centers, the Illinois | ||||||
6 | State Police, and the Secretary of State's Office, | ||||||
7 | Division of Motor Vehicles; | ||||||
8 | (9) the impact of the COVID-19 pandemic on immigrant | ||||||
9 | communities, including health impact rates,
employment | ||||||
10 | rates, housing, small businesses, and community | ||||||
11 | development; | ||||||
12 | (10) the disbursement of funds received by different | ||||||
13 | agencies that went to immigrant
communities; | ||||||
14 | (11) language access programs and their impact on | ||||||
15 | helping immigrant communities better
interact with State | ||||||
16 | agencies, and whether existing language access programs | ||||||
17 | are effective in helping immigrant communities interact | ||||||
18 | with the State. The Task Force shall also examine whether | ||||||
19 | all
State agencies provide language access for non-English | ||||||
20 | speakers, and which agencies and
in what regions of the | ||||||
21 | State is there a lack of language access that creates | ||||||
22 | barriers for non-English dominant speakers from accessing | ||||||
23 | support from the State; | ||||||
24 | (12) the extent to which disparities in access to | ||||||
25 | technology exist in immigrant communities and whether they | ||||||
26 | lead to educational, financial, and other disadvantages; |
| |||||||
| |||||||
1 | and | ||||||
2 | (13) the extent to which State programs intended for | ||||||
3 | vulnerable populations such as victims of trafficking, | ||||||
4 | crime, and abuse are being implemented or need to be | ||||||
5 | implemented. | ||||||
6 | (e) The Task Force shall report its findings and | ||||||
7 | recommendations based upon its examination of issues under | ||||||
8 | subsection (d) to the Governor and the General Assembly on or | ||||||
9 | before April 30, 2023 December 31, 2022 .
| ||||||
10 | (Source: P.A. 102-236, eff. 8-2-21; 102-1071, eff. 6-10-22.) | ||||||
11 | (20 ILCS 5156/10) | ||||||
12 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
13 | Sec. 10. Repeal. This Act is repealed on May 1 January 1 , | ||||||
14 | 2023.
| ||||||
15 | (Source: P.A. 102-236, eff. 8-2-21.) | ||||||
16 | Section 20. The Special Commission on Gynecologic Cancers | ||||||
17 | Act is amended by changing Section 100-90 as follows: | ||||||
18 | (20 ILCS 5170/100-90) | ||||||
19 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
20 | Sec. 100-90. Repeal. This Article is repealed on January | ||||||
21 | 1, 2028 2023 .
| ||||||
22 | (Source: P.A. 102-4, eff. 4-27-21.) |
| |||||||
| |||||||
1 | Section 25. The Developmental Disability and Mental | ||||||
2 | Disability Services Act is amended by changing Section 7A-1 as | ||||||
3 | follows: | ||||||
4 | (405 ILCS 80/7A-1) | ||||||
5 | (Section scheduled to be repealed on January 1, 2023) | ||||||
6 | Sec. 7A-1. Diversion from Facility-based Care Pilot | ||||||
7 | Program. | ||||||
8 | (a) The purposes of this Article are to: | ||||||
9 | (1) decrease the number of admissions to | ||||||
10 | State-operated facilities; | ||||||
11 | (2) address the needs of individuals receiving Home | ||||||
12 | and Community Based Services (HCBS) with intellectual | ||||||
13 | disabilities or developmental disabilities who are at risk | ||||||
14 | of facility-based care due to significant behavioral | ||||||
15 | challenges, some with a dual diagnosis of mental illness, | ||||||
16 | by providing a community-based residential alternative to | ||||||
17 | facility-based care consistent with their individual | ||||||
18 | plans, and to transition these individuals back to a | ||||||
19 | traditional community-integrated living arrangement or | ||||||
20 | other HCBS community setting program; | ||||||
21 | (3) create greater capacity within the short-term | ||||||
22 | stabilization homes by allowing individuals who need an | ||||||
23 | extended period of treatment to transfer to a long-term | ||||||
24 | stabilization home; | ||||||
25 | (4) stabilize the existing community-integrated living |
| |||||||
| |||||||
1 | arrangement homes where the presence of individuals with | ||||||
2 | complex behavioral challenges is disruptive to their | ||||||
3 | housemates; and | ||||||
4 | (5) add support services to enhance community service | ||||||
5 | providers who serve individuals with significant | ||||||
6 | behavioral challenges. | ||||||
7 | (b) Subject to appropriation or the availability of other | ||||||
8 | funds for these purposes at the discretion of the Department, | ||||||
9 | the Department shall establish the Diversion from | ||||||
10 | Facility-based Care Pilot Program consisting of at least 6 | ||||||
11 | homes in various locations in this State in accordance with | ||||||
12 | this Article and the following model: | ||||||
13 | (1) the Diversion from Facility-based Care Model shall | ||||||
14 | serve individuals with intellectual disabilities or | ||||||
15 | developmental disabilities who are currently receiving | ||||||
16 | HCBS services and are at risk of facility-based care due | ||||||
17 | to significant behavioral challenges, some with a dual | ||||||
18 | diagnosis of mental illness, for a period ranging from one | ||||||
19 | to 2 years, or longer if appropriate for the individual; | ||||||
20 | (2) the Program shall be regulated in accordance with | ||||||
21 | the community-integrated living arrangement guidelines; | ||||||
22 | (3) each home shall support no more than 4 residents, | ||||||
23 | each having his or her own bedroom; | ||||||
24 | (4) if, at any point, an individual, his or her | ||||||
25 | guardian, or family caregivers, in conjunction with the | ||||||
26 | provider and clinical staff, believe the individual is |
| |||||||
| |||||||
1 | capable of participating in a HCBS service, those | ||||||
2 | opportunities shall be offered as they become available; | ||||||
3 | and | ||||||
4 | (5) providers shall have adequate resources, | ||||||
5 | experience, and qualifications to serve the population | ||||||
6 | target by the Program, as determined by the Department; | ||||||
7 | (6) participating Program providers and the Department | ||||||
8 | shall participate in an ongoing collaborative whereby best | ||||||
9 | practices and treatment experiences would be shared and | ||||||
10 | utilized; | ||||||
11 | (7) home locations shall be proposed by the provider | ||||||
12 | in collaboration with other community stakeholders; | ||||||
13 | (8) The Department, in collaboration with | ||||||
14 | participating providers, by rule shall develop data | ||||||
15 | collection and reporting requirements for participating | ||||||
16 | community service providers. Beginning December 31, 2020 | ||||||
17 | the Department shall submit an annual report | ||||||
18 | electronically to the General Assembly and Governor that | ||||||
19 | outlines the progress and effectiveness of the pilot | ||||||
20 | program. The report to the General Assembly shall be filed | ||||||
21 | with the Clerk of the House of Representatives and the | ||||||
22 | Secretary of the Senate in electronic form only, in the | ||||||
23 | manner that the Clerk and the Secretary shall direct; | ||||||
24 | (9) the staffing model shall allow for a high level of | ||||||
25 | community integration and engagement and family | ||||||
26 | involvement; and |
| |||||||
| |||||||
1 | (10) appropriate day services, staff training | ||||||
2 | priorities, and home modifications shall be incorporated | ||||||
3 | into the Program model, as allowed by HCBS authorization. | ||||||
4 | (c) This Section is repealed on January 1, 2025 2023 .
| ||||||
5 | (Source: P.A. 100-924, eff. 7-1-19 .) | ||||||
6 | Section 30. The Disposition of Remains of the Indigent Act | ||||||
7 | is amended by changing Section 35 as follows: | ||||||
8 | (755 ILCS 66/35)
| ||||||
9 | (Section scheduled to be repealed on December 31, 2022) | ||||||
10 | Sec. 35. Repealer. This Act is repealed on December 31, | ||||||
11 | 2027 2022 .
| ||||||
12 | (Source: P.A. 100-526, eff. 6-1-18 .)
| ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
|