Sen. Napoleon Harris, III
Filed: 4/6/2022
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1 | AMENDMENT TO HOUSE BILL 5186
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2 | AMENDMENT NO. ______. Amend House Bill 5186 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 |
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1 | Act is amended by repealing Sections 7, 8, 9, 10, 11, 12, 13, | ||||||
2 | 14, 15, 16, and 17. | ||||||
3 | Section 5-10. The Department of Human Services Act is | ||||||
4 | amended by changing Section 1-17 as follows:
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5 | (20 ILCS 1305/1-17)
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6 | Sec. 1-17. Inspector General. | ||||||
7 | (a) Nature and purpose. It is the express intent of the | ||||||
8 | General Assembly to ensure the health, safety, and financial | ||||||
9 | condition of individuals receiving services in this State due | ||||||
10 | to mental illness, developmental disability, or both by | ||||||
11 | protecting those persons from acts of abuse, neglect, or both | ||||||
12 | by service providers. To that end, the Office of the Inspector | ||||||
13 | General for the Department of Human Services is created to | ||||||
14 | investigate and report upon allegations of the abuse, neglect, | ||||||
15 | or financial exploitation of individuals receiving services | ||||||
16 | within mental health facilities, developmental disabilities | ||||||
17 | facilities, and community agencies operated, licensed, funded, | ||||||
18 | or certified by the Department of Human Services, but not | ||||||
19 | licensed or certified by any other State agency. | ||||||
20 | (b) Definitions. The following definitions apply to this | ||||||
21 | Section: | ||||||
22 | "Adult student with a disability" means an adult student, | ||||||
23 | age 18 through 21, inclusive, with an Individual Education | ||||||
24 | Program, other than a resident of a facility licensed by the |
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1 | Department of Children and Family Services in accordance with | ||||||
2 | the Child Care Act of 1969. For purposes of this definition, | ||||||
3 | "through age 21, inclusive", means through the day before the | ||||||
4 | student's 22nd birthday. | ||||||
5 | "Agency" or "community agency" means (i) a community | ||||||
6 | agency licensed, funded, or certified by the Department, but | ||||||
7 | not licensed or certified by any other human services agency | ||||||
8 | of the State, to provide mental health service or | ||||||
9 | developmental disabilities service, or (ii) a program | ||||||
10 | licensed, funded, or certified by the Department, but not | ||||||
11 | licensed or certified by any other human services agency of | ||||||
12 | the State, to provide mental health service or developmental | ||||||
13 | disabilities service. | ||||||
14 | "Aggravating circumstance" means a factor that is | ||||||
15 | attendant to a finding and that tends to compound or increase | ||||||
16 | the culpability of the accused. | ||||||
17 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
18 | incident involving any of the following conduct by an | ||||||
19 | employee, facility, or agency against an individual or | ||||||
20 | individuals: mental abuse, physical abuse, sexual abuse, | ||||||
21 | neglect, or financial exploitation. | ||||||
22 | "Day" means working day, unless otherwise specified. | ||||||
23 | "Deflection" means a situation in which an individual is | ||||||
24 | presented for admission to a facility or agency, and the | ||||||
25 | facility staff or agency staff do not admit the individual. | ||||||
26 | "Deflection" includes triage, redirection, and denial of |
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1 | admission. | ||||||
2 | "Department" means the Department of Human Services. | ||||||
3 | "Developmental disability" means "developmental | ||||||
4 | disability" as defined in the Mental Health and Developmental | ||||||
5 | Disabilities Code. | ||||||
6 | "Egregious neglect" means a finding of neglect as | ||||||
7 | determined by the Inspector General that (i) represents a | ||||||
8 | gross failure to adequately provide for, or a callused | ||||||
9 | indifference to, the health, safety, or medical needs of an | ||||||
10 | individual and (ii) results in an individual's death or other | ||||||
11 | serious deterioration of an individual's physical condition or | ||||||
12 | mental condition. | ||||||
13 | "Employee" means any person who provides services at the | ||||||
14 | facility or agency on-site or off-site. The service | ||||||
15 | relationship can be with the individual or with the facility | ||||||
16 | or agency. Also, "employee" includes any employee or | ||||||
17 | contractual agent of the Department of Human Services or the | ||||||
18 | community agency involved in providing or monitoring or | ||||||
19 | administering mental health or developmental disability | ||||||
20 | services. This includes but is not limited to: owners, | ||||||
21 | operators, payroll personnel, contractors, subcontractors, and | ||||||
22 | volunteers. | ||||||
23 | "Facility" or "State-operated facility" means a mental | ||||||
24 | health facility or developmental disabilities facility | ||||||
25 | operated by the Department. | ||||||
26 | "Financial exploitation" means taking unjust advantage of |
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1 | an individual's assets, property, or financial resources | ||||||
2 | through deception, intimidation, or conversion for the | ||||||
3 | employee's, facility's, or agency's own advantage or benefit. | ||||||
4 | "Finding" means the Office of Inspector General's | ||||||
5 | determination regarding whether an allegation is | ||||||
6 | substantiated, unsubstantiated, or unfounded. | ||||||
7 | "Health Care Worker Registry" or "Registry" means the | ||||||
8 | Health Care Worker Registry under the Health Care Worker | ||||||
9 | Background Check Act. | ||||||
10 | "Individual" means any person receiving mental health | ||||||
11 | service, developmental disabilities service, or both from a | ||||||
12 | facility or agency, while either on-site or off-site. | ||||||
13 | "Mental abuse" means the use of demeaning, intimidating, | ||||||
14 | or threatening words, signs, gestures, or other actions by an | ||||||
15 | employee about an individual and in the presence of an | ||||||
16 | individual or individuals that results in emotional distress | ||||||
17 | or maladaptive behavior, or could have resulted in emotional | ||||||
18 | distress or maladaptive behavior, for any individual present. | ||||||
19 | "Mental illness" means "mental illness" as defined in the | ||||||
20 | Mental Health and Developmental Disabilities Code. | ||||||
21 | "Mentally ill" means having a mental illness. | ||||||
22 | "Mitigating circumstance" means a condition that (i) is | ||||||
23 | attendant to a finding, (ii) does not excuse or justify the | ||||||
24 | conduct in question, but (iii) may be considered in evaluating | ||||||
25 | the severity of the conduct, the culpability of the accused, | ||||||
26 | or both the severity of the conduct and the culpability of the |
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1 | accused. | ||||||
2 | "Neglect" means an employee's, agency's, or facility's | ||||||
3 | failure to provide adequate medical care, personal care, or | ||||||
4 | maintenance and that, as a consequence, (i) causes an | ||||||
5 | individual pain, injury, or emotional distress, (ii) results | ||||||
6 | in either an individual's maladaptive behavior or the | ||||||
7 | deterioration of an individual's physical condition or mental | ||||||
8 | condition, or (iii) places the individual's health or safety | ||||||
9 | at substantial risk. | ||||||
10 | "Person with a developmental disability" means a person | ||||||
11 | having a developmental disability. | ||||||
12 | "Physical abuse" means an employee's non-accidental and | ||||||
13 | inappropriate contact with an individual that causes bodily | ||||||
14 | harm. "Physical abuse" includes actions that cause bodily harm | ||||||
15 | as a result of an employee directing an individual or person to | ||||||
16 | physically abuse another individual. | ||||||
17 | "Recommendation" means an admonition, separate from a | ||||||
18 | finding, that requires action by the facility, agency, or | ||||||
19 | Department to correct a systemic issue, problem, or deficiency | ||||||
20 | identified during an investigation. | ||||||
21 | "Required reporter" means any employee who suspects, | ||||||
22 | witnesses, or is informed of an allegation of any one or more | ||||||
23 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
24 | neglect, or financial exploitation. | ||||||
25 | "Secretary" means the Chief Administrative Officer of the | ||||||
26 | Department. |
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1 | "Sexual abuse" means any sexual contact or intimate | ||||||
2 | physical contact between an employee and an individual, | ||||||
3 | including an employee's coercion or encouragement of an | ||||||
4 | individual to engage in sexual behavior that results in sexual | ||||||
5 | contact, intimate physical contact, sexual behavior, or | ||||||
6 | intimate physical behavior. Sexual abuse also includes (i) an | ||||||
7 | employee's actions that result in the sending or showing of | ||||||
8 | sexually explicit images to an individual via computer, | ||||||
9 | cellular phone, electronic mail, portable electronic device, | ||||||
10 | or other media with or without contact with the individual or | ||||||
11 | (ii) an employee's posting of sexually explicit images of an | ||||||
12 | individual online or elsewhere whether or not there is contact | ||||||
13 | with the individual. | ||||||
14 | "Sexually explicit images" includes, but is not limited | ||||||
15 | to, any material which depicts nudity, sexual conduct, or | ||||||
16 | sado-masochistic abuse, or which contains explicit and | ||||||
17 | detailed verbal descriptions or narrative accounts of sexual | ||||||
18 | excitement, sexual conduct, or sado-masochistic abuse. | ||||||
19 | "Substantiated" means there is a preponderance of the | ||||||
20 | evidence to support the allegation. | ||||||
21 | "Unfounded" means there is no credible evidence to support | ||||||
22 | the allegation. | ||||||
23 | "Unsubstantiated" means there is credible evidence, but | ||||||
24 | less than a preponderance of evidence to support the | ||||||
25 | allegation. | ||||||
26 | (c) Appointment. The Governor shall appoint, and the |
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1 | Senate shall confirm, an Inspector General. The Inspector | ||||||
2 | General shall be appointed for a term of 4 years and shall | ||||||
3 | function within the Department of Human Services and report to | ||||||
4 | the Secretary and the Governor. | ||||||
5 | (d) Operation and appropriation. The Inspector General | ||||||
6 | shall function independently within the Department with | ||||||
7 | respect to the operations of the Office, including the | ||||||
8 | performance of investigations and issuance of findings and | ||||||
9 | recommendations. The appropriation for the Office of Inspector | ||||||
10 | General shall be separate from the overall appropriation for | ||||||
11 | the Department. | ||||||
12 | (e) Powers and duties. The Inspector General shall | ||||||
13 | investigate reports of suspected mental abuse, physical abuse, | ||||||
14 | sexual abuse, neglect, or financial exploitation of | ||||||
15 | individuals in any mental health or developmental disabilities | ||||||
16 | facility or agency and shall have authority to take immediate | ||||||
17 | action to prevent any one or more of the following from | ||||||
18 | happening to individuals under its jurisdiction: mental abuse, | ||||||
19 | physical abuse, sexual abuse, neglect, or financial | ||||||
20 | exploitation. Upon written request of an agency of this State, | ||||||
21 | the Inspector General may assist another agency of the State | ||||||
22 | in investigating reports of the abuse, neglect, or abuse and | ||||||
23 | neglect of persons with mental illness, persons with | ||||||
24 | developmental disabilities, or persons with both. To comply | ||||||
25 | with the requirements of subsection (k) of this Section, the | ||||||
26 | Inspector General shall also review all reportable deaths for |
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1 | which there is no allegation of abuse or neglect. Nothing in | ||||||
2 | this Section shall preempt any duties of the Medical Review | ||||||
3 | Board set forth in the Mental Health and Developmental | ||||||
4 | Disabilities Code. The Inspector General shall have no | ||||||
5 | authority to investigate alleged violations of the State | ||||||
6 | Officials and Employees Ethics Act. Allegations of misconduct | ||||||
7 | under the State Officials and Employees Ethics Act shall be | ||||||
8 | referred to the Office of the Governor's Executive Inspector | ||||||
9 | General for investigation. | ||||||
10 | (f) Limitations. The Inspector General shall not conduct | ||||||
11 | an investigation within an agency or facility if that | ||||||
12 | investigation would be redundant to or interfere with an | ||||||
13 | investigation conducted by another State agency. The Inspector | ||||||
14 | General shall have no supervision over, or involvement in, the | ||||||
15 | routine programmatic, licensing, funding, or certification | ||||||
16 | operations of the Department. Nothing in this subsection | ||||||
17 | limits investigations by the Department that may otherwise be | ||||||
18 | required by law or that may be necessary in the Department's | ||||||
19 | capacity as central administrative authority responsible for | ||||||
20 | the operation of the State's mental health and developmental | ||||||
21 | disabilities facilities. | ||||||
22 | (g) Rulemaking authority. The Inspector General shall | ||||||
23 | promulgate rules establishing minimum requirements for | ||||||
24 | reporting allegations as well as for initiating, conducting, | ||||||
25 | and completing investigations based upon the nature of the | ||||||
26 | allegation or allegations. The rules shall clearly establish |
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1 | that if 2 or more State agencies could investigate an | ||||||
2 | allegation, the Inspector General shall not conduct an | ||||||
3 | investigation that would be redundant to, or interfere with, | ||||||
4 | an investigation conducted by another State agency. The rules | ||||||
5 | shall further clarify the method and circumstances under which | ||||||
6 | the Office of Inspector General may interact with the | ||||||
7 | licensing, funding, or certification units of the Department | ||||||
8 | in preventing further occurrences of mental abuse, physical | ||||||
9 | abuse, sexual abuse, neglect, egregious neglect, and financial | ||||||
10 | exploitation. | ||||||
11 | (h) Training programs. The Inspector General shall (i) | ||||||
12 | establish a comprehensive program to ensure that every person | ||||||
13 | authorized to conduct investigations receives ongoing training | ||||||
14 | relative to investigation techniques, communication skills, | ||||||
15 | and the appropriate means of interacting with persons | ||||||
16 | receiving treatment for mental illness, developmental | ||||||
17 | disability, or both mental illness and developmental | ||||||
18 | disability, and (ii) establish and conduct periodic training | ||||||
19 | programs for facility and agency employees concerning the | ||||||
20 | prevention and reporting of any one or more of the following: | ||||||
21 | mental abuse, physical abuse, sexual abuse, neglect, egregious | ||||||
22 | neglect, or financial exploitation. The Inspector General | ||||||
23 | shall further ensure (i) every person authorized to conduct | ||||||
24 | investigations at community agencies receives ongoing training | ||||||
25 | in Title 59, Parts 115, 116, and 119 of the Illinois | ||||||
26 | Administrative Code, and (ii) every person authorized to |
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1 | conduct investigations shall receive ongoing training in Title | ||||||
2 | 59, Part 50 of the Illinois Administrative Code. Nothing in | ||||||
3 | this Section shall be deemed to prevent the Office of | ||||||
4 | Inspector General from conducting any other training as | ||||||
5 | determined by the Inspector General to be necessary or | ||||||
6 | helpful. | ||||||
7 | (i) Duty to cooperate. | ||||||
8 | (1) The Inspector General shall at all times be | ||||||
9 | granted access to any facility or agency for the purpose | ||||||
10 | of investigating any allegation, conducting unannounced | ||||||
11 | site visits, monitoring compliance with a written | ||||||
12 | response, or completing any other statutorily assigned | ||||||
13 | duty. The Inspector General shall conduct unannounced site | ||||||
14 | visits to each facility at least annually for the purpose | ||||||
15 | of reviewing and making recommendations on systemic issues | ||||||
16 | relative to preventing, reporting, investigating, and | ||||||
17 | responding to all of the following: mental abuse, physical | ||||||
18 | abuse, sexual abuse, neglect, egregious neglect, or | ||||||
19 | financial exploitation. | ||||||
20 | (2) Any employee who fails to cooperate with an Office | ||||||
21 | of the Inspector General investigation is in violation of | ||||||
22 | this Act. Failure to cooperate with an investigation | ||||||
23 | includes, but is not limited to, any one or more of the | ||||||
24 | following: (i) creating and transmitting a false report to | ||||||
25 | the Office of the Inspector General hotline, (ii) | ||||||
26 | providing false information to an Office of the Inspector |
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1 | General Investigator during an investigation, (iii) | ||||||
2 | colluding with other employees to cover up evidence, (iv) | ||||||
3 | colluding with other employees to provide false | ||||||
4 | information to an Office of the Inspector General | ||||||
5 | investigator, (v) destroying evidence, (vi) withholding | ||||||
6 | evidence, or (vii) otherwise obstructing an Office of the | ||||||
7 | Inspector General investigation. Additionally, any | ||||||
8 | employee who, during an unannounced site visit or written | ||||||
9 | response compliance check, fails to cooperate with | ||||||
10 | requests from the Office of the Inspector General is in | ||||||
11 | violation of this Act. | ||||||
12 | (j) Subpoena powers. The Inspector General shall have the | ||||||
13 | power to subpoena witnesses and compel the production of all | ||||||
14 | documents and physical evidence relating to his or her | ||||||
15 | investigations and any hearings authorized by this Act. This | ||||||
16 | subpoena power shall not extend to persons or documents of a | ||||||
17 | labor organization or its representatives insofar as the | ||||||
18 | persons are acting in a representative capacity to an employee | ||||||
19 | whose conduct is the subject of an investigation or the | ||||||
20 | documents relate to that representation. Any person who | ||||||
21 | otherwise fails to respond to a subpoena or who knowingly | ||||||
22 | provides false information to the Office of the Inspector | ||||||
23 | General by subpoena during an investigation is guilty of a | ||||||
24 | Class A misdemeanor. | ||||||
25 | (k) Reporting allegations and deaths. | ||||||
26 | (1) Allegations. If an employee witnesses, is told of, |
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1 | or has reason to believe an incident of mental abuse, | ||||||
2 | physical abuse, sexual abuse, neglect, or financial | ||||||
3 | exploitation has occurred, the employee, agency, or | ||||||
4 | facility shall report the allegation by phone to the | ||||||
5 | Office of the Inspector General hotline according to the | ||||||
6 | agency's or facility's procedures, but in no event later | ||||||
7 | than 4 hours after the initial discovery of the incident, | ||||||
8 | allegation, or suspicion of any one or more of the | ||||||
9 | following: mental abuse, physical abuse, sexual abuse, | ||||||
10 | neglect, or financial exploitation. A required reporter as | ||||||
11 | defined in subsection (b) of this Section who knowingly or | ||||||
12 | intentionally fails to comply with these reporting | ||||||
13 | requirements is guilty of a Class A misdemeanor. | ||||||
14 | (2) Deaths. Absent an allegation, a required reporter | ||||||
15 | shall, within 24 hours after initial discovery, report by | ||||||
16 | phone to the Office of the Inspector General hotline each | ||||||
17 | of the following: | ||||||
18 | (i) Any death of an individual occurring within 14 | ||||||
19 | calendar days after discharge or transfer of the | ||||||
20 | individual from a residential program or facility. | ||||||
21 | (ii) Any death of an individual occurring within | ||||||
22 | 24 hours after deflection from a residential program | ||||||
23 | or facility. | ||||||
24 | (iii) Any other death of an individual occurring | ||||||
25 | at an agency or facility or at any Department-funded | ||||||
26 | site. |
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1 | (3) Retaliation. It is a violation of this Act for any | ||||||
2 | employee or administrator of an agency or facility to take | ||||||
3 | retaliatory action against an employee who acts in good | ||||||
4 | faith in conformance with his or her duties as a required | ||||||
5 | reporter. | ||||||
6 | (l) Reporting to law enforcement. (1) Reporting criminal | ||||||
7 | acts. Within 24 hours after determining that there is credible | ||||||
8 | evidence indicating that a criminal act may have been | ||||||
9 | committed or that special expertise may be required in an | ||||||
10 | investigation, the Inspector General shall notify the Illinois | ||||||
11 | State Police or other appropriate law enforcement authority, | ||||||
12 | or ensure that such notification is made. The Illinois State | ||||||
13 | Police shall investigate any report from a State-operated | ||||||
14 | facility indicating a possible murder, sexual assault, or | ||||||
15 | other felony by an employee. All investigations conducted by | ||||||
16 | the Inspector General shall be conducted in a manner designed | ||||||
17 | to ensure the preservation of evidence for possible use in a | ||||||
18 | criminal prosecution. | ||||||
19 | (2) Reporting allegations of adult students with | ||||||
20 | disabilities. Upon receipt of a reportable allegation | ||||||
21 | regarding an adult student with a disability, the | ||||||
22 | Department's Office of the Inspector General shall | ||||||
23 | determine whether the allegation meets the criteria for | ||||||
24 | the Domestic Abuse Program under the Abuse of Adults with | ||||||
25 | Disabilities Intervention Act. If the allegation is | ||||||
26 | reportable to that program, the Office of the Inspector |
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1 | General shall initiate an investigation. If the allegation | ||||||
2 | is not reportable to the Domestic Abuse Program, the | ||||||
3 | Office of the Inspector General shall make an expeditious | ||||||
4 | referral to the respective law enforcement entity. If the | ||||||
5 | alleged victim is already receiving services from the | ||||||
6 | Department, the Office of the Inspector General shall also | ||||||
7 | make a referral to the respective Department of Human | ||||||
8 | Services' Division or Bureau. | ||||||
9 | (m) Investigative reports. Upon completion of an | ||||||
10 | investigation, the Office of Inspector General shall issue an | ||||||
11 | investigative report identifying whether the allegations are | ||||||
12 | substantiated, unsubstantiated, or unfounded. Within 10 | ||||||
13 | business days after the transmittal of a completed | ||||||
14 | investigative report substantiating an allegation, finding an | ||||||
15 | allegation is unsubstantiated, or if a recommendation is made, | ||||||
16 | the Inspector General shall provide the investigative report | ||||||
17 | on the case to the Secretary and to the director of the | ||||||
18 | facility or agency where any one or more of the following | ||||||
19 | occurred: mental abuse, physical abuse, sexual abuse, neglect, | ||||||
20 | egregious neglect, or financial exploitation. The director of | ||||||
21 | the facility or agency shall be responsible for maintaining | ||||||
22 | the confidentiality of the investigative report consistent | ||||||
23 | with State and federal law. In a substantiated case, the | ||||||
24 | investigative report shall include any mitigating or | ||||||
25 | aggravating circumstances that were identified during the | ||||||
26 | investigation. If the case involves substantiated neglect, the |
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1 | investigative report shall also state whether egregious | ||||||
2 | neglect was found. An investigative report may also set forth | ||||||
3 | recommendations. All investigative reports prepared by the | ||||||
4 | Office of the Inspector General shall be considered | ||||||
5 | confidential and shall not be released except as provided by | ||||||
6 | the law of this State or as required under applicable federal | ||||||
7 | law. Unsubstantiated and unfounded reports shall not be | ||||||
8 | disclosed except as allowed under Section 6 of the Abused and | ||||||
9 | Neglected Long Term Care Facility Residents Reporting Act. Raw | ||||||
10 | data used to compile the investigative report shall not be | ||||||
11 | subject to release unless required by law or a court order. | ||||||
12 | "Raw data used to compile the investigative report" includes, | ||||||
13 | but is not limited to, any one or more of the following: the | ||||||
14 | initial complaint, witness statements, photographs, | ||||||
15 | investigator's notes, police reports, or incident reports. If | ||||||
16 | the allegations are substantiated, the victim, the victim's | ||||||
17 | guardian, and the accused shall be provided with a redacted | ||||||
18 | copy of the investigative report. Death reports where there | ||||||
19 | was no allegation of abuse or neglect shall only be released | ||||||
20 | pursuant to applicable State or federal law or a valid court | ||||||
21 | order. Unredacted investigative reports, as well as raw data, | ||||||
22 | may be shared with a local law enforcement entity, a State's | ||||||
23 | Attorney's office, or a county coroner's office upon written | ||||||
24 | request. | ||||||
25 | (n) Written responses, clarification requests, and | ||||||
26 | reconsideration requests. |
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1 | (1) Written responses. Within 30 calendar days from | ||||||
2 | receipt of a substantiated investigative report or an | ||||||
3 | investigative report which contains recommendations, | ||||||
4 | absent a reconsideration request, the facility or agency | ||||||
5 | shall file a written response that addresses, in a concise | ||||||
6 | and reasoned manner, the actions taken to: (i) protect the | ||||||
7 | individual; (ii) prevent recurrences; and (iii) eliminate | ||||||
8 | the problems identified. The response shall include the | ||||||
9 | implementation and completion dates of such actions. If | ||||||
10 | the written response is not filed within the allotted 30 | ||||||
11 | calendar day period, the Secretary shall determine the | ||||||
12 | appropriate corrective action to be taken. | ||||||
13 | (2) Requests for clarification. The facility, agency, | ||||||
14 | victim or guardian, or the subject employee may request | ||||||
15 | that the Office of Inspector General clarify the finding | ||||||
16 | or findings for which clarification is sought. | ||||||
17 | (3) Requests for reconsideration. The facility, | ||||||
18 | agency, victim or guardian, or the subject employee may | ||||||
19 | request that the Office of the Inspector General | ||||||
20 | reconsider the finding or findings or the recommendations. | ||||||
21 | A request for reconsideration shall be subject to a | ||||||
22 | multi-layer review and shall include at least one reviewer | ||||||
23 | who did not participate in the investigation or approval | ||||||
24 | of the original investigative report. After the | ||||||
25 | multi-layer review process has been completed, the | ||||||
26 | Inspector General shall make the final determination on |
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1 | the reconsideration request. The investigation shall be | ||||||
2 | reopened if the reconsideration determination finds that | ||||||
3 | additional information is needed to complete the | ||||||
4 | investigative record. | ||||||
5 | (o) Disclosure of the finding by the Inspector General. | ||||||
6 | The Inspector General shall disclose the finding of an | ||||||
7 | investigation to the following persons: (i) the Governor, (ii) | ||||||
8 | the Secretary, (iii) the director of the facility or agency, | ||||||
9 | (iv) the alleged victims and their guardians, (v) the | ||||||
10 | complainant, and (vi) the accused. This information shall | ||||||
11 | include whether the allegations were deemed substantiated, | ||||||
12 | unsubstantiated, or unfounded. | ||||||
13 | (p) Secretary review. Upon review of the Inspector | ||||||
14 | General's investigative report and any agency's or facility's | ||||||
15 | written response, the Secretary shall accept or reject the | ||||||
16 | written response and notify the Inspector General of that | ||||||
17 | determination. The Secretary may further direct that other | ||||||
18 | administrative action be taken, including, but not limited to, | ||||||
19 | any one or more of the following: (i) additional site visits, | ||||||
20 | (ii) training, (iii) provision of technical assistance | ||||||
21 | relative to administrative needs, licensure, or certification, | ||||||
22 | or (iv) the imposition of appropriate sanctions. | ||||||
23 | (q) Action by facility or agency. Within 30 days of the | ||||||
24 | date the Secretary approves the written response or directs | ||||||
25 | that further administrative action be taken, the facility or | ||||||
26 | agency shall provide an implementation report to the Inspector |
| |||||||
| |||||||
1 | General that provides the status of the action taken. The | ||||||
2 | facility or agency shall be allowed an additional 30 days to | ||||||
3 | send notice of completion of the action or to send an updated | ||||||
4 | implementation report. If the action has not been completed | ||||||
5 | within the additional 30-day period, the facility or agency | ||||||
6 | shall send updated implementation reports every 60 days until | ||||||
7 | completion. The Inspector General shall conduct a review of | ||||||
8 | any implementation plan that takes more than 120 days after | ||||||
9 | approval to complete, and shall monitor compliance through a | ||||||
10 | random review of approved written responses, which may | ||||||
11 | include, but are not limited to: (i) site visits, (ii) | ||||||
12 | telephone contact, and (iii) requests for additional | ||||||
13 | documentation evidencing compliance. | ||||||
14 | (r) Sanctions. Sanctions, if imposed by the Secretary | ||||||
15 | under Subdivision (p)(iv) of this Section, shall be designed | ||||||
16 | to prevent further acts of mental abuse, physical abuse, | ||||||
17 | sexual abuse, neglect, egregious neglect, or financial | ||||||
18 | exploitation or some combination of one or more of those acts | ||||||
19 | at a facility or agency, and may include any one or more of the | ||||||
20 | following: | ||||||
21 | (1) Appointment of on-site monitors. | ||||||
22 | (2) Transfer or relocation of an individual or | ||||||
23 | individuals. | ||||||
24 | (3) Closure of units. | ||||||
25 | (4) Termination of any one or more of the following: | ||||||
26 | (i) Department licensing, (ii) funding, or (iii) |
| |||||||
| |||||||
1 | certification. | ||||||
2 | The Inspector General may seek the assistance of the | ||||||
3 | Illinois Attorney General or the office of any State's | ||||||
4 | Attorney in implementing sanctions. | ||||||
5 | (s) Health Care Worker Registry. | ||||||
6 | (1) Reporting to the Registry. The Inspector General | ||||||
7 | shall report to the Department of Public Health's Health | ||||||
8 | Care Worker Registry, a public registry, the identity and | ||||||
9 | finding of each employee of a facility or agency against | ||||||
10 | whom there is a final investigative report containing a | ||||||
11 | substantiated allegation of physical or sexual abuse, | ||||||
12 | financial exploitation, or egregious neglect of an | ||||||
13 | individual. | ||||||
14 | (2) Notice to employee. Prior to reporting the name of | ||||||
15 | an employee, the employee shall be notified of the | ||||||
16 | Department's obligation to report and shall be granted an | ||||||
17 | opportunity to request an administrative hearing, the sole | ||||||
18 | purpose of which is to determine if the substantiated | ||||||
19 | finding warrants reporting to the Registry. Notice to the | ||||||
20 | employee shall contain a clear and concise statement of | ||||||
21 | the grounds on which the report to the Registry is based, | ||||||
22 | offer the employee an opportunity for a hearing, and | ||||||
23 | identify the process for requesting such a hearing. Notice | ||||||
24 | is sufficient if provided by certified mail to the | ||||||
25 | employee's last known address. If the employee fails to | ||||||
26 | request a hearing within 30 days from the date of the |
| |||||||
| |||||||
1 | notice, the Inspector General shall report the name of the | ||||||
2 | employee to the Registry. Nothing in this subdivision | ||||||
3 | (s)(2) shall diminish or impair the rights of a person who | ||||||
4 | is a member of a collective bargaining unit under the | ||||||
5 | Illinois Public Labor Relations Act or under any other | ||||||
6 | federal labor statute. | ||||||
7 | (3) Registry hearings. If the employee requests an | ||||||
8 | administrative hearing, the employee shall be granted an | ||||||
9 | opportunity to appear before an administrative law judge | ||||||
10 | to present reasons why the employee's name should not be | ||||||
11 | reported to the Registry. The Department shall bear the | ||||||
12 | burden of presenting evidence that establishes, by a | ||||||
13 | preponderance of the evidence, that the substantiated | ||||||
14 | finding warrants reporting to the Registry. After | ||||||
15 | considering all the evidence presented, the administrative | ||||||
16 | law judge shall make a recommendation to the Secretary as | ||||||
17 | to whether the substantiated finding warrants reporting | ||||||
18 | the name of the employee to the Registry. The Secretary | ||||||
19 | shall render the final decision. The Department and the | ||||||
20 | employee shall have the right to request that the | ||||||
21 | administrative law judge consider a stipulated disposition | ||||||
22 | of these proceedings. | ||||||
23 | (4) Testimony at Registry hearings. A person who makes | ||||||
24 | a report or who investigates a report under this Act shall | ||||||
25 | testify fully in any judicial proceeding resulting from | ||||||
26 | such a report, as to any evidence of abuse or neglect, or |
| |||||||
| |||||||
1 | the cause thereof. No evidence shall be excluded by reason | ||||||
2 | of any common law or statutory privilege relating to | ||||||
3 | communications between the alleged perpetrator of abuse or | ||||||
4 | neglect, or the individual alleged as the victim in the | ||||||
5 | report, and the person making or investigating the report. | ||||||
6 | Testimony at hearings is exempt from the confidentiality | ||||||
7 | requirements of subsection (f) of Section 10 of the Mental | ||||||
8 | Health and Developmental Disabilities Confidentiality Act. | ||||||
9 | (5) Employee's rights to collateral action. No | ||||||
10 | reporting to the Registry shall occur and no hearing shall | ||||||
11 | be set or proceed if an employee notifies the Inspector | ||||||
12 | General in writing, including any supporting | ||||||
13 | documentation, that he or she is formally contesting an | ||||||
14 | adverse employment action resulting from a substantiated | ||||||
15 | finding by complaint filed with the Illinois Civil Service | ||||||
16 | Commission, or which otherwise seeks to enforce the | ||||||
17 | employee's rights pursuant to any applicable collective | ||||||
18 | bargaining agreement. If an action taken by an employer | ||||||
19 | against an employee as a result of a finding of physical | ||||||
20 | abuse, sexual abuse, or egregious neglect is overturned | ||||||
21 | through an action filed with the Illinois Civil Service | ||||||
22 | Commission or under any applicable collective bargaining | ||||||
23 | agreement and if that employee's name has already been | ||||||
24 | sent to the Registry, the employee's name shall be removed | ||||||
25 | from the Registry. | ||||||
26 | (6) Removal from Registry. At any time after the |
| |||||||
| |||||||
1 | report to the Registry, but no more than once in any | ||||||
2 | 12-month period, an employee may petition the Department | ||||||
3 | in writing to remove his or her name from the Registry. | ||||||
4 | Upon receiving notice of such request, the Inspector | ||||||
5 | General shall conduct an investigation into the petition. | ||||||
6 | Upon receipt of such request, an administrative hearing | ||||||
7 | will be set by the Department. At the hearing, the | ||||||
8 | employee shall bear the burden of presenting evidence that | ||||||
9 | establishes, by a preponderance of the evidence, that | ||||||
10 | removal of the name from the Registry is in the public | ||||||
11 | interest. The parties may jointly request that the | ||||||
12 | administrative law judge consider a stipulated disposition | ||||||
13 | of these proceedings. | ||||||
14 | (t) Review of Administrative Decisions. The Department | ||||||
15 | shall preserve a record of all proceedings at any formal | ||||||
16 | hearing conducted by the Department involving Health Care | ||||||
17 | Worker Registry hearings. Final administrative decisions of | ||||||
18 | the Department are subject to judicial review pursuant to | ||||||
19 | provisions of the Administrative Review Law. | ||||||
20 | (u) Quality Care Board. There is created, within the | ||||||
21 | Office of the Inspector General, a Quality Care Board to be | ||||||
22 | composed of 7 members appointed by the Governor with the | ||||||
23 | advice and consent of the Senate. One of the members shall be | ||||||
24 | designated as chairman by the Governor. Of the initial | ||||||
25 | appointments made by the Governor, 4 Board members shall each | ||||||
26 | be appointed for a term of 4 years and 3 members shall each be |
| |||||||
| |||||||
1 | appointed for a term of 2 years. Upon the expiration of each | ||||||
2 | member's term, a successor shall be appointed for a term of 4 | ||||||
3 | years. In the case of a vacancy in the office of any member, | ||||||
4 | the Governor shall appoint a successor for the remainder of | ||||||
5 | the unexpired term. | ||||||
6 | Members appointed by the Governor shall be qualified by | ||||||
7 | professional knowledge or experience in the area of law, | ||||||
8 | investigatory techniques, or in the area of care of the | ||||||
9 | mentally ill or care of persons with developmental | ||||||
10 | disabilities. Two members appointed by the Governor shall be | ||||||
11 | persons with a disability or parents of persons with a | ||||||
12 | disability. Members shall serve without compensation, but | ||||||
13 | shall be reimbursed for expenses incurred in connection with | ||||||
14 | the performance of their duties as members. | ||||||
15 | The Board shall meet quarterly, and may hold other | ||||||
16 | meetings on the call of the chairman. Four members shall | ||||||
17 | constitute a quorum allowing the Board to conduct its | ||||||
18 | business. The Board may adopt rules and regulations it deems | ||||||
19 | necessary to govern its own procedures. | ||||||
20 | The Board shall monitor and oversee the operations, | ||||||
21 | policies, and procedures of the Inspector General to ensure | ||||||
22 | the prompt and thorough investigation of allegations of | ||||||
23 | neglect and abuse. In fulfilling these responsibilities, the | ||||||
24 | Board may do the following: | ||||||
25 | (1) Provide independent, expert consultation to the | ||||||
26 | Inspector General on policies and protocols for |
| |||||||
| |||||||
1 | investigations of alleged abuse, neglect, or both abuse | ||||||
2 | and neglect. | ||||||
3 | (2) Review existing regulations relating to the | ||||||
4 | operation of facilities. | ||||||
5 | (3) Advise the Inspector General as to the content of | ||||||
6 | training activities authorized under this Section. | ||||||
7 | (4) Recommend policies concerning methods for | ||||||
8 | improving the intergovernmental relationships between the | ||||||
9 | Office of the Inspector General and other State or federal | ||||||
10 | offices. | ||||||
11 | (v) Annual report. The Inspector General shall provide to | ||||||
12 | the General Assembly and the Governor, no later than January 1 | ||||||
13 | of each year, a summary of reports and investigations made | ||||||
14 | under this Act for the prior fiscal year with respect to | ||||||
15 | individuals receiving mental health or developmental | ||||||
16 | disabilities services. The report shall detail the imposition | ||||||
17 | of sanctions, if any, and the final disposition of any | ||||||
18 | corrective or administrative action directed by the Secretary. | ||||||
19 | The summaries shall not contain any confidential or | ||||||
20 | identifying information of any individual, but shall include | ||||||
21 | objective data identifying any trends in the number of | ||||||
22 | reported allegations, the timeliness of the Office of the | ||||||
23 | Inspector General's investigations, and their disposition, for | ||||||
24 | each facility and Department-wide, for the most recent 3-year | ||||||
25 | time period. The report shall also identify, by facility, the | ||||||
26 | staff-to-patient ratios taking account of direct care staff |
| |||||||
| |||||||
1 | only. The report shall also include detailed recommended | ||||||
2 | administrative actions and matters for consideration by the | ||||||
3 | General Assembly. | ||||||
4 | (w) Program audit. The Auditor General shall conduct a | ||||||
5 | program audit of the Office of the Inspector General on an | ||||||
6 | as-needed basis, as determined by the Auditor General. The | ||||||
7 | audit shall specifically include the Inspector General's | ||||||
8 | compliance with the Act and effectiveness in investigating | ||||||
9 | reports of allegations occurring in any facility or agency. | ||||||
10 | The Auditor General shall conduct the program audit according | ||||||
11 | to the provisions of the Illinois State Auditing Act and shall | ||||||
12 | report its findings to the General Assembly no later than | ||||||
13 | January 1 following the audit period.
| ||||||
14 | (x) Nothing in this Section shall be construed to mean | ||||||
15 | that an individual is a victim of abuse or neglect because of | ||||||
16 | health care services appropriately provided or not provided by | ||||||
17 | health care professionals. | ||||||
18 | (y) Nothing in this Section shall require a facility, | ||||||
19 | including its employees, agents, medical staff members, and | ||||||
20 | health care professionals, to provide a service to an | ||||||
21 | individual in contravention of that individual's stated or | ||||||
22 | implied objection to the provision of that service on the | ||||||
23 | ground that that service conflicts with the individual's | ||||||
24 | religious beliefs or practices, nor shall the failure to | ||||||
25 | provide a service to an individual be considered abuse under | ||||||
26 | this Section if the individual has objected to the provision |
| |||||||
| |||||||
1 | of that service based on his or her religious beliefs or | ||||||
2 | practices.
| ||||||
3 | (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
| ||||||
4 | (20 ILCS 2712/Act rep.) | ||||||
5 | Section 5-15. The Broadband Access on Passenger Rail Law | ||||||
6 | is repealed. | ||||||
7 | (20 ILCS 3930/7.6 rep.) | ||||||
8 | Section 5-20. The Illinois Criminal Justice Information | ||||||
9 | Act is amended by repealing Section 7.6. | ||||||
10 | Section 5-25. The Illinois Future of Work Act is amended | ||||||
11 | by changing Section 20 as follows: | ||||||
12 | (20 ILCS 4103/20) | ||||||
13 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
14 | Sec. 20. Report; dissolution.
| ||||||
15 | (a) The Illinois Future of Work Task Force shall issue a | ||||||
16 | report based upon its findings in the course of performing its | ||||||
17 | duties and responsibilities specified under Section 10. The | ||||||
18 | report shall be written by an independent authority with | ||||||
19 | subject matter expertise on the future of work.
| ||||||
20 | (b) The Illinois Future of Work Task Force shall submit | ||||||
21 | its final report to the Governor and the General Assembly no | ||||||
22 | later than June May 1, 2022, and is dissolved upon the filing |
| |||||||
| |||||||
1 | of its report.
| ||||||
2 | (Source: P.A. 102-407, eff. 8-19-21.) | ||||||
3 | (20 ILCS 5035/Act rep.) | ||||||
4 | Section 5-30. The Illinois Human Services Commission Act | ||||||
5 | is repealed.
| ||||||
6 | (205 ILCS 405/3.2 rep.)
| ||||||
7 | Section 5-35. The Currency Exchange Act is amended by | ||||||
8 | repealing Section 3.2. | ||||||
9 | Section 5-40. The Grain Code is amended by changing | ||||||
10 | Section 30-25 as follows:
| ||||||
11 | (240 ILCS 40/30-25)
| ||||||
12 | Sec. 30-25. Grain Insurance Reserve Fund. Upon payment in | ||||||
13 | full of all
money that has been transferred to the Fund prior | ||||||
14 | to June 30, 2003 from the
General Revenue Fund as provided for | ||||||
15 | under subsection (h) of Section 25-20, the
State of Illinois | ||||||
16 | shall , subject to appropriation, remit $2,000,000 to the | ||||||
17 | Corporation to be held in a
separate and discrete account to be | ||||||
18 | used to the extent the assets in the Fund
are insufficient to | ||||||
19 | satisfy claimants as payment of their claims become due as
set | ||||||
20 | forth in subsection (h) of Section 25-20. The remittance of | ||||||
21 | the $2,000,000
reserve shall be made to the Corporation within | ||||||
22 | 60 days of payment in full of
all money transferred to the Fund |
| |||||||
| |||||||
1 | as set forth above in this Section
30-25. All income received | ||||||
2 | by the Reserve Fund shall be deposited in the Fund
within 35 | ||||||
3 | days of the end of each calendar quarter.
| ||||||
4 | (Source: P.A. 93-225, eff. 7-21-03.)
| ||||||
5 | Section 5-45. The Community Services Act is amended by | ||||||
6 | changing Section 4 as follows:
| ||||||
7 | (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
| ||||||
8 | Sec. 4. Financing for community services. | ||||||
9 | (a) The Department of Human Services
is authorized to
| ||||||
10 | provide financial reimbursement to eligible private service | ||||||
11 | providers,
corporations, local government entities or | ||||||
12 | voluntary associations for the
provision of services to | ||||||
13 | persons with mental illness, persons with a
developmental | ||||||
14 | disability, and persons with substance use disorders who are | ||||||
15 | living in the
community for the purpose of achieving the goals | ||||||
16 | of this Act.
| ||||||
17 | The Department shall utilize the following funding | ||||||
18 | mechanisms for community
services:
| ||||||
19 | (1) Purchase of Care Contracts: services purchased on | ||||||
20 | a predetermined fee
per unit of service basis from private | ||||||
21 | providers or governmental entities. Fee
per service rates | ||||||
22 | are set by an established formula which covers some | ||||||
23 | portion
of personnel, supplies, and other allowable costs, | ||||||
24 | and which makes some
allowance for geographic variations |
| |||||||
| |||||||
1 | in costs as well as for additional program
components.
| ||||||
2 | (2) Grants: sums of money which the Department grants | ||||||
3 | to private providers or
governmental
entities pursuant to | ||||||
4 | the grant recipient's agreement to provide certain
| ||||||
5 | services, as defined by departmental grant guidelines, to | ||||||
6 | an
approximate number of service
recipients. Grant levels | ||||||
7 | are set through consideration of personnel, supply and
| ||||||
8 | other allowable costs, as well as other funds available to | ||||||
9 | the program.
| ||||||
10 | (3) Other Funding Arrangements: funding mechanisms may | ||||||
11 | be established
on a pilot basis in order to examine the | ||||||
12 | feasibility of alternative financing
arrangements for the | ||||||
13 | provision of community services.
| ||||||
14 | The Department shall establish and maintain an equitable | ||||||
15 | system of
payment
which allows providers to improve persons | ||||||
16 | with disabilities'
capabilities for
independence and reduces | ||||||
17 | their reliance on State-operated
services. | ||||||
18 | For services classified as entitlement services under | ||||||
19 | federal law or guidelines, caps may not be placed on the total | ||||||
20 | amount of payment a provider may receive in a fiscal year and | ||||||
21 | the Department shall not require that a portion of the | ||||||
22 | payments due be made in a subsequent fiscal year based on a | ||||||
23 | yearly payment cap. | ||||||
24 | (b) (Blank). The Governor shall create a commission by | ||||||
25 | September 1, 2009, or as soon thereafter as possible, to | ||||||
26 | review funding methodologies, identify gaps in funding, |
| |||||||
| |||||||
1 | identify revenue, and prioritize use of that revenue for | ||||||
2 | community developmental disability services, mental health | ||||||
3 | services, alcohol and substance abuse services, rehabilitation | ||||||
4 | services, and early intervention services. The Office of the | ||||||
5 | Governor shall provide staff support for the commission. | ||||||
6 | (c) (Blank). The first meeting of the commission shall be | ||||||
7 | held within the first month after the creation and appointment | ||||||
8 | of the commission, and a final report summarizing the | ||||||
9 | commission's recommendations must be issued within 12 months | ||||||
10 | after the first meeting, and no later than September 1, 2010, | ||||||
11 | to the Governor and the General Assembly. | ||||||
12 | (d) (Blank). The commission shall have the following 13 | ||||||
13 | voting members: | ||||||
14 | (A) one member of the House of Representatives, | ||||||
15 | appointed by the Speaker of the House of Representatives; | ||||||
16 | (B) one member of the House of Representatives, | ||||||
17 | appointed by the House Minority Leader; | ||||||
18 | (C) one member of the Senate, appointed by the | ||||||
19 | President of the Senate; | ||||||
20 | (D) one member of the Senate, appointed by the Senate | ||||||
21 | Minority Leader; | ||||||
22 | (E) one person with a developmental disability, or a | ||||||
23 | family member or guardian of such a person, appointed by | ||||||
24 | the Governor; | ||||||
25 | (F) one person with a mental illness, or a family | ||||||
26 | member or guardian of such a person, appointed by the |
| |||||||
| |||||||
1 | Governor; | ||||||
2 | (G) two persons from unions that represent employees | ||||||
3 | of community providers that serve people with | ||||||
4 | developmental disabilities, mental illness, and alcohol | ||||||
5 | and substance abuse disorders, appointed by the Governor; | ||||||
6 | and | ||||||
7 | (H) five persons from statewide associations that | ||||||
8 | represent community providers that provide residential, | ||||||
9 | day training, and other developmental disability services, | ||||||
10 | mental health services, alcohol and substance abuse | ||||||
11 | services, rehabilitation services, or early intervention | ||||||
12 | services, or any combination of those, appointed by the | ||||||
13 | Governor. | ||||||
14 | The commission shall also have the following ex-officio, | ||||||
15 | nonvoting members: | ||||||
16 | (I) the Director of the Governor's Office of | ||||||
17 | Management and Budget or his or her designee; | ||||||
18 | (J) the Chief Financial Officer of the Department of | ||||||
19 | Human Services or his or her designee; | ||||||
20 | (K) the Administrator of the Department of Healthcare | ||||||
21 | and Family Services Division of Finance or his or her | ||||||
22 | designee; | ||||||
23 | (L) the Director of the Department of Human Services | ||||||
24 | Division of Developmental Disabilities or his or her | ||||||
25 | designee; | ||||||
26 | (M) the Director of the Department of Human Services |
| |||||||
| |||||||
1 | Division of Mental Health or his or her designee;
and | ||||||
2 | (N) the Director of the Department of Human Services | ||||||
3 | Division of Alcoholism and Substance Abuse or his or her | ||||||
4 | designee. | ||||||
5 | (e) The funding methodologies must reflect economic | ||||||
6 | factors inherent in providing services and supports, recognize | ||||||
7 | individual disability needs, and consider geographic | ||||||
8 | differences, transportation costs, required staffing ratios, | ||||||
9 | and mandates not currently funded.
| ||||||
10 | (f) In accepting Department funds, providers shall | ||||||
11 | recognize
their responsibility to be
accountable to the | ||||||
12 | Department and the State for the delivery of services
which | ||||||
13 | are consistent
with the philosophies and goals of this Act and | ||||||
14 | the rules and regulations
promulgated under it.
| ||||||
15 | (Source: P.A. 100-759, eff. 1-1-19 .)
| ||||||
16 | ARTICLE 10. DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY | ||||||
17 | Section 10-5. The Department of Commerce and Economic | ||||||
18 | Opportunity Law of the
Civil Administrative Code of Illinois | ||||||
19 | is amended by changing Sections 605-300, 605-615, and 605-680 | ||||||
20 | as follows:
| ||||||
21 | (20 ILCS 605/605-300) (was 20 ILCS 605/46.2)
| ||||||
22 | Sec. 605-300. Economic and business development plans; | ||||||
23 | Illinois Business Development Council. (a) Economic |
| |||||||
| |||||||
1 | development plans. The Department shall develop a strategic | ||||||
2 | economic development plan for the State by July 1, 2014. By no | ||||||
3 | later than July 1, 2015, and by July 1 annually thereafter, the | ||||||
4 | Department shall make modifications to the plan as | ||||||
5 | modifications are warranted by changes in economic conditions | ||||||
6 | or by other factors, including changes in policy. In addition | ||||||
7 | to the annual modification, the plan shall be reviewed and | ||||||
8 | redeveloped in full every 5 years. In the development of the | ||||||
9 | annual economic development plan, the Department shall consult | ||||||
10 | with representatives of the private sector, other State | ||||||
11 | agencies, academic institutions, local economic development | ||||||
12 | organizations, local governments, and not-for-profit | ||||||
13 | organizations. The annual economic development plan shall set | ||||||
14 | specific, measurable, attainable, relevant, and time-sensitive | ||||||
15 | goals and shall include a focus on areas of high unemployment | ||||||
16 | or poverty. | ||||||
17 | The term "economic development" shall be construed broadly | ||||||
18 | by the Department and may include, but is not limited to, job | ||||||
19 | creation, job retention, tax base enhancements, development of | ||||||
20 | human capital, workforce productivity, critical | ||||||
21 | infrastructure, regional competitiveness, social inclusion, | ||||||
22 | standard of living, environmental sustainability, energy | ||||||
23 | independence, quality of life, the effective use of financial | ||||||
24 | incentives, the utilization of public private partnerships | ||||||
25 | where appropriate, and other metrics determined by the | ||||||
26 | Department. |
| |||||||
| |||||||
1 | The plan shall be based on relevant economic data, focus | ||||||
2 | on economic development as prescribed by this Section, and | ||||||
3 | emphasize strategies to retain and create jobs. | ||||||
4 | The plan shall identify and develop specific strategies | ||||||
5 | for utilizing the assets of regions within the State defined | ||||||
6 | as counties and municipalities or other political subdivisions | ||||||
7 | in close geographical proximity that share common economic | ||||||
8 | traits such as commuting zones, labor market areas, or other | ||||||
9 | economically integrated characteristics. | ||||||
10 | If the plan includes strategies that have a fiscal impact | ||||||
11 | on the Department or any other agency, the plan shall include a | ||||||
12 | detailed description of the estimated fiscal impact of such | ||||||
13 | strategies. | ||||||
14 | Prior to publishing the plan in its final form, the | ||||||
15 | Department shall allow for a reasonable time for public input. | ||||||
16 | The Department shall transmit copies of the economic | ||||||
17 | development plan to the Governor and the General Assembly no | ||||||
18 | later than July 1, 2014, and by July 1 annually thereafter. The | ||||||
19 | plan and its corresponding modifications shall be published | ||||||
20 | and made available to the public in both paper and electronic | ||||||
21 | media, on the Department's website, and by any other method | ||||||
22 | that the Department deems appropriate. | ||||||
23 | The Department shall annually submit legislation to | ||||||
24 | implement the strategic economic development plan or | ||||||
25 | modifications to the strategic economic development plan to | ||||||
26 | the Governor, the President and Minority Leader of the Senate, |
| |||||||
| |||||||
1 | and the Speaker and the Minority Leader of the House of | ||||||
2 | Representatives. The legislation shall be in the form of one | ||||||
3 | or more substantive bills drafted by the Legislative Reference | ||||||
4 | Bureau. | ||||||
5 | (b) Business development plans; Illinois Business | ||||||
6 | Development Council. | ||||||
7 | (1) There is created the Illinois Business Development | ||||||
8 | Council, hereinafter referred to as the Council. The | ||||||
9 | Council shall consist of the Director, who shall serve as | ||||||
10 | co-chairperson, and 12 voting members who shall be | ||||||
11 | appointed by the Governor with the advice and consent of | ||||||
12 | the Senate. | ||||||
13 | (A) The voting members of the Council shall | ||||||
14 | include one representative from each of the following | ||||||
15 | businesses and groups: small business, coal, | ||||||
16 | healthcare, large manufacturing, small or specialized | ||||||
17 | manufacturing, agriculture, high technology or applied | ||||||
18 | science, local economic development entities, private | ||||||
19 | sector organized labor, a local or state business | ||||||
20 | association or chamber of commerce. | ||||||
21 | (B) There shall be 2 at-large voting members who | ||||||
22 | reside within areas of high unemployment within | ||||||
23 | counties or municipalities that have had an annual | ||||||
24 | average unemployment rate of at least 120% of the | ||||||
25 | State's annual average unemployment rate as reported | ||||||
26 | by the Department of Employment Security for the 5 |
| |||||||
| |||||||
1 | years preceding the date of appointment. | ||||||
2 | (2) All appointments shall be made in a geographically | ||||||
3 | diverse manner. | ||||||
4 | (3) For the initial appointments to the Council, 6 | ||||||
5 | voting members shall be appointed to serve a 2-year term | ||||||
6 | and 6 voting members shall be appointed to serve a 4-year | ||||||
7 | term. Thereafter, all appointments shall be for terms of 4 | ||||||
8 | years. The initial term of voting members shall commence | ||||||
9 | on the first Wednesday in February 2014. Thereafter, the | ||||||
10 | terms of voting members shall commence on the first | ||||||
11 | Wednesday in February, except in the case of an | ||||||
12 | appointment to fill a vacancy. Vacancies occurring among | ||||||
13 | the members shall be filled in the same manner as the | ||||||
14 | original appointment for the remainder of the unexpired | ||||||
15 | term. For a vacancy occurring when the Senate is not in | ||||||
16 | session, the Governor may make a temporary appointment | ||||||
17 | until the next meeting of the Senate when a person shall be | ||||||
18 | nominated to fill the office, and, upon confirmation by | ||||||
19 | the Senate, he or she shall hold office during the | ||||||
20 | remainder of the term. A vacancy in membership does not | ||||||
21 | impair the ability of a quorum to exercise all rights and | ||||||
22 | perform all duties of the Council. A member is eligible | ||||||
23 | for reappointment. | ||||||
24 | (4) Members shall serve without compensation, but may | ||||||
25 | be reimbursed for necessary expenses incurred in the | ||||||
26 | performance of their duties from funds appropriated for |
| |||||||
| |||||||
1 | that purpose. | ||||||
2 | (5) In addition, the following shall serve as ex | ||||||
3 | officio, non-voting members of the Council in order to | ||||||
4 | provide specialized advice and support to the Council: the | ||||||
5 | Secretary of Transportation, or his or her designee; the | ||||||
6 | Director of Employment Security, or his or her designee; | ||||||
7 | the Executive Director of the Illinois Finance Authority, | ||||||
8 | or his or her designee; the Director of Agriculture, or | ||||||
9 | his or her designee; the Director of Revenue, or his or her | ||||||
10 | designee; the Director of Labor, or his or her designee; | ||||||
11 | and the Director of the Environmental Protection Agency, | ||||||
12 | or his or her designee. Ex officio members shall provide | ||||||
13 | staff and technical assistance to the Council when | ||||||
14 | appropriate. | ||||||
15 | (6) In addition to the Director, the voting members | ||||||
16 | shall elect a co-chairperson. | ||||||
17 | (7) The Council shall meet at least twice annually and | ||||||
18 | at such other times as the co-chairpersons or any 5 voting | ||||||
19 | members consider necessary. Seven voting members shall | ||||||
20 | constitute a quorum of the Council. | ||||||
21 | (8) The Department shall provide staff assistance to | ||||||
22 | the Council. | ||||||
23 | (9) The Council shall provide the Department relevant | ||||||
24 | information in a timely manner pursuant to its duties as | ||||||
25 | enumerated in
this Section that can be used by the | ||||||
26 | Department to enhance the State's strategic economic |
| |||||||
| |||||||
1 | development plan. | ||||||
2 | (10) The Council shall: | ||||||
3 | (A) Develop an overall strategic business | ||||||
4 | development plan for the State of Illinois and update | ||||||
5 | the plan at least annually; that plan shall include, | ||||||
6 | without limitation, (i) an assessment of the economic | ||||||
7 | development practices of states that border Illinois | ||||||
8 | and (ii) recommendations for best practices with | ||||||
9 | respect to economic development, business incentives, | ||||||
10 | business attraction, and business retention for | ||||||
11 | counties in Illinois that border at least one other | ||||||
12 | state. | ||||||
13 | (B) Develop business marketing plans for the State | ||||||
14 | of Illinois to effectively solicit new company | ||||||
15 | investment and existing business expansion. Insofar as | ||||||
16 | allowed under the Illinois Procurement Code, and | ||||||
17 | subject to appropriations made by the General Assembly | ||||||
18 | for such purposes, the Council may assist the | ||||||
19 | Department in the procurement of outside vendors to | ||||||
20 | carry out such marketing plans. | ||||||
21 | (C) Seek input from local economic development | ||||||
22 | officials to develop specific strategies to | ||||||
23 | effectively link State and local business development | ||||||
24 | and marketing efforts focusing on areas of high | ||||||
25 | unemployment or poverty. | ||||||
26 | (D) Provide the Department with advice on |
| |||||||
| |||||||
1 | strategic business development
and business marketing | ||||||
2 | for the State of Illinois. | ||||||
3 | (E) Provide the Department research and recommend | ||||||
4 | best practices for developing investment tools for | ||||||
5 | business attraction and retention.
| ||||||
6 | (Source: P.A. 98-397, eff. 8-16-13; 98-756, eff. 7-16-14; | ||||||
7 | 98-888, eff. 8-15-14.)
| ||||||
8 | (20 ILCS 605/605-615) (was 20 ILCS 605/46.19e)
| ||||||
9 | Sec. 605-615. Assistance with exports. The Department | ||||||
10 | shall have the
following duties and responsibilities in regard | ||||||
11 | to the Civil Administrative
Code of Illinois:
| ||||||
12 | (1) To establish or cosponsor mentoring conferences, | ||||||
13 | utilizing experienced
manufacturing exporters, to explain and | ||||||
14 | provide information to prospective
export manufacturers and | ||||||
15 | businesses concerning the process of exporting to both
| ||||||
16 | domestic and international opportunities.
| ||||||
17 | (2) To provide technical assistance to prospective export | ||||||
18 | manufacturers and
businesses seeking to establish domestic and | ||||||
19 | international export
opportunities.
| ||||||
20 | (3) To coordinate with the Department's Small Business | ||||||
21 | Development Centers
to link buyers with prospective export | ||||||
22 | manufacturers and businesses.
| ||||||
23 | (4) To promote, both domestically and abroad, products | ||||||
24 | made in Illinois in
order to inform consumers and buyers of | ||||||
25 | their high quality
standards and craftsmanship.
|
| |||||||
| |||||||
1 | (5) To provide technical assistance toward establishment | ||||||
2 | of export trade
corporations in the private sector.
| ||||||
3 | (6) To develop an electronic database data base to compile | ||||||
4 | information on
international trade and investment activities | ||||||
5 | in Illinois companies ,
provide access to research and business | ||||||
6 | opportunities through external data
bases, and connect this | ||||||
7 | data base through international communication
systems with | ||||||
8 | appropriate domestic and worldwide networks users .
| ||||||
9 | (7) To collect and distribute to foreign commercial | ||||||
10 | libraries directories,
catalogs, brochures, and other | ||||||
11 | information of value to foreign businesses
considering doing | ||||||
12 | business in this State.
| ||||||
13 | (8) To establish an export finance awareness program to | ||||||
14 | provide
information to banking organizations about methods | ||||||
15 | used by banks to provide
financing for businesses engaged in | ||||||
16 | exporting and about other State and
federal programs to | ||||||
17 | promote and expedite export financing.
| ||||||
18 | (9) To undertake a survey of Illinois' businesses to | ||||||
19 | identify exportable
products and the businesses interested in | ||||||
20 | exporting.
| ||||||
21 | (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; | ||||||
22 | 92-16, eff.
6-28-01.)
| ||||||
23 | (20 ILCS 605/605-680) | ||||||
24 | Sec. 605-680. Illinois goods and services website. | ||||||
25 | (a) The Department, in consultation with the Department of |
| |||||||
| |||||||
1 | Innovation and Technology, must establish and maintain an | ||||||
2 | Internet website devoted to the marketing of Illinois goods | ||||||
3 | and services by linking potential purchasers with producers of | ||||||
4 | goods and services who are located in the State. | ||||||
5 | (b) The Department must , subject to appropriation, | ||||||
6 | advertise the website to encourage inclusion of producers on | ||||||
7 | the website and to encourage the use of the website by | ||||||
8 | potential purchasers.
| ||||||
9 | (Source: P.A. 100-611, eff. 7-20-18.) | ||||||
10 | (20 ILCS 605/605-1040 rep.) | ||||||
11 | Section 10-10. The Department of Commerce and Economic | ||||||
12 | Opportunity Law of the
Civil Administrative Code of Illinois | ||||||
13 | is amended by repealing Section 605-1040. | ||||||
14 | Section 10-15. The Illinois Main Street Act is amended by | ||||||
15 | changing Sections 15, 20, 25, and 30 as follows: | ||||||
16 | (20 ILCS 720/15)
| ||||||
17 | Sec. 15. Illinois Main Street Program. The Illinois Main | ||||||
18 | Street Program is created , subject to appropriation, within | ||||||
19 | the Department. In order to implement the Illinois Main Street | ||||||
20 | Program, the Department may shall do all of the following: | ||||||
21 | (1) Provide assistance to municipalities designated as | ||||||
22 | Main Street Communities, municipalities interested in | ||||||
23 | becoming designated through the program, and businesses, |
| |||||||
| |||||||
1 | property owners, organizations, and municipalities | ||||||
2 | undertaking a comprehensive downtown or neighborhood | ||||||
3 | commercial district revitalization initiative and | ||||||
4 | management strategy. Assistance may include, but is not | ||||||
5 | limited to, initial site evaluations and assessments, | ||||||
6 | training for local programs, training for local program | ||||||
7 | staff, site visits and assessments by technical | ||||||
8 | specialists, local program design assistance and | ||||||
9 | evaluation, and continued local program on-site | ||||||
10 | assistance. | ||||||
11 | (2) To the extent funds are made available, provide | ||||||
12 | financial assistance to municipalities or local | ||||||
13 | organizations to assist in initial downtown or | ||||||
14 | neighborhood commercial district revitalization program | ||||||
15 | specialized training, specific project feasibility | ||||||
16 | studies, market studies, and design assistance. | ||||||
17 | (3) Operate the Illinois Main Street Program in | ||||||
18 | accordance with the plan developed by the Department. | ||||||
19 | (4) Consider other factors the Department deems | ||||||
20 | necessary for the implementation of this Act.
| ||||||
21 | (Source: P.A. 97-573, eff. 8-25-11.) | ||||||
22 | (20 ILCS 720/20)
| ||||||
23 | Sec. 20. Main Street Community designation. | ||||||
24 | (a) The Department may shall adopt criteria for the | ||||||
25 | designation of a Main Street Community. In establishing the |
| |||||||
| |||||||
1 | criteria, the Department shall consider all of the following: | ||||||
2 | (1) The degree of interest and commitment to | ||||||
3 | comprehensive downtown or neighborhood commercial district | ||||||
4 | revitalization and, where applicable, historic | ||||||
5 | preservation by both the public and private sectors. | ||||||
6 | (2) The evidence of potential private sector | ||||||
7 | investment in the downtown or neighborhood commercial | ||||||
8 | district. | ||||||
9 | (3) Where applicable, a downtown or neighborhood | ||||||
10 | commercial district with sufficient historic fabric to | ||||||
11 | become a foundation for an enhanced community image. | ||||||
12 | (4) The capacity of the organization to undertake a | ||||||
13 | comprehensive program and the financial commitment to | ||||||
14 | implement a long-term downtown or neighborhood commercial | ||||||
15 | district revitalization program that includes a commitment | ||||||
16 | to employ a professional program manager. | ||||||
17 | (5) The National Main Street Center's criteria for | ||||||
18 | designating official main street municipalities. | ||||||
19 | (6) Other factors the Department deems necessary for | ||||||
20 | the designation of a local program. | ||||||
21 | (b) Illinois Main Street shall designate local downtown or | ||||||
22 | neighborhood commercial district revitalization programs and | ||||||
23 | official local main street programs. | ||||||
24 | (c) The Department must approve all local downtown or | ||||||
25 | neighborhood commercial district revitalization program | ||||||
26 | boundaries. The boundaries of a local downtown or neighborhood |
| |||||||
| |||||||
1 | commercial district revitalization program are typically | ||||||
2 | defined using the pedestrian core of a traditional commercial | ||||||
3 | district.
| ||||||
4 | (Source: P.A. 97-573, eff. 8-25-11.) | ||||||
5 | (20 ILCS 720/25)
| ||||||
6 | Sec. 25. Illinois Main Street Plan. The Department may | ||||||
7 | shall , in consultation with the Lieutenant Governor, develop a | ||||||
8 | plan for the Illinois Main Street Program. The plan shall | ||||||
9 | describe: | ||||||
10 | (1) the objectives and strategies of the Illinois Main | ||||||
11 | Street Program; | ||||||
12 | (2) how the Illinois Main Street Program will be | ||||||
13 | coordinated with existing federal, state, local, and | ||||||
14 | private sector business development and historic | ||||||
15 | preservation efforts; | ||||||
16 | (3) the means by which private investment will be | ||||||
17 | solicited and employed; | ||||||
18 | (4) the methods of selecting and providing assistance | ||||||
19 | to participating local programs; and | ||||||
20 | (5) a means to solicit private contributions for State | ||||||
21 | and local operations of the Illinois Main Street Program.
| ||||||
22 | (Source: P.A. 97-573, eff. 8-25-11.) | ||||||
23 | (20 ILCS 720/30)
| ||||||
24 | Sec. 30. Role of the Lieutenant Governor. The Lieutenant |
| |||||||
| |||||||
1 | Governor shall , subject to appropriation, be the Ambassador of | ||||||
2 | the Illinois Main Street Program. The Department shall , | ||||||
3 | subject to appropriation, advise and consult with the | ||||||
4 | Lieutenant Governor on the activities of the Illinois Main | ||||||
5 | Street Program. The Lieutenant Governor, with the assistance | ||||||
6 | of the Department, shall , subject to appropriation, promote | ||||||
7 | and encourage the success of the Illinois Main Street Program.
| ||||||
8 | (Source: P.A. 97-573, eff. 8-25-11.) | ||||||
9 | Section 10-20. The Outdoor Recreation Resources Act is | ||||||
10 | amended by changing Sections 2 and 2a as follows:
| ||||||
11 | (20 ILCS 860/2) (from Ch. 105, par. 532)
| ||||||
12 | Sec. 2. 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 up-to-date a | ||||||
15 | comprehensive plan for
the development of the outdoor | ||||||
16 | recreation resources of the State.
| ||||||
17 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
18 | (20 ILCS 860/2a) (from Ch. 105, par. 532a)
| ||||||
19 | Sec. 2a. The Department of Natural Resources is authorized | ||||||
20 | to have prepared
with the Department of Commerce and Economic | ||||||
21 | Opportunity and to
maintain and keep up to date a | ||||||
22 | comprehensive plan for the
preservation of the
historically | ||||||
23 | significant properties and interests of the State.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-695, eff. 8-3-18; 101-81, eff. 7-12-19.)
| ||||||
2 | (20 ILCS 3953/15 rep.)
| ||||||
3 | (20 ILCS 3953/20 rep.) | ||||||
4 | Section 10-25. The Government Buildings Energy Cost | ||||||
5 | Reduction Act of 1991 is amended by repealing Sections 15 and | ||||||
6 | 20. | ||||||
7 | Section 10-30. The Eliminate the Digital Divide Law is | ||||||
8 | amended by changing Section 5-30 as follows:
| ||||||
9 | (30 ILCS 780/5-30)
| ||||||
10 | Sec. 5-30. Community Technology Center Grant Program.
| ||||||
11 | (a) Subject to appropriation, the Department shall | ||||||
12 | administer
the Community Technology Center Grant Program under | ||||||
13 | which the
Department shall make grants in accordance with this | ||||||
14 | Article
for planning, establishment, administration, and | ||||||
15 | expansion
of Community Technology Centers and for assisting | ||||||
16 | public hospitals,
libraries, and park districts in eliminating | ||||||
17 | the digital divide. The purposes
of the grants shall include, | ||||||
18 | but
not be limited to, volunteer recruitment and management, | ||||||
19 | training and
instruction, infrastructure, and
related goods | ||||||
20 | and services, including case management, administration, | ||||||
21 | personal information management, and outcome-tracking tools | ||||||
22 | and software for the purposes of reporting to the Department | ||||||
23 | and for enabling participation in digital government and |
| |||||||
| |||||||
1 | consumer services programs, for Community Technology Centers | ||||||
2 | and public
hospitals, libraries, and park districts.
No | ||||||
3 | Community Technology Center may receive a grant of more than | ||||||
4 | $75,000 under
this Section in a particular fiscal year.
| ||||||
5 | (b) Public hospitals, libraries, park districts, and State | ||||||
6 | educational
agencies, local educational
agencies, institutions | ||||||
7 | of higher education, senior citizen homes, and other public | ||||||
8 | and
private nonprofit or for-profit agencies and organizations | ||||||
9 | are eligible
to receive grants under this Program, provided | ||||||
10 | that a local educational
agency or public or private | ||||||
11 | educational
agency or organization must, in order to be | ||||||
12 | eligible to receive grants under
this Program, provide | ||||||
13 | computer access and educational services using
information | ||||||
14 | technology to the public at one or more of its educational
| ||||||
15 | buildings or facilities at least 12 hours each week. A group of | ||||||
16 | eligible
entities is
also eligible to receive a grant if the | ||||||
17 | group follows the procedures
for group applications in 34 CFR | ||||||
18 | 75.127-129 of the Education Department General
Administrative | ||||||
19 | Regulations.
| ||||||
20 | To be eligible to apply for a grant, a Community
| ||||||
21 | Technology Center must serve a
community in which not less | ||||||
22 | than 40%
of the
students are eligible for a free or reduced | ||||||
23 | price lunch under the national
school lunch program or in | ||||||
24 | which not less than 30% of the students
are eligible
for a free | ||||||
25 | lunch under the national school lunch program; however, if | ||||||
26 | funding
is insufficient to approve all grant applications for |
| |||||||
| |||||||
1 | a particular fiscal year,
the Department may impose a higher | ||||||
2 | minimum percentage threshold for that fiscal
year. | ||||||
3 | Determinations of communities and determinations of the | ||||||
4 | percentage of
students in a community who are eligible for a | ||||||
5 | free or reduced price lunch
under the national school lunch | ||||||
6 | program shall be in accordance with rules
adopted by the | ||||||
7 | Department.
| ||||||
8 | Any entities that have received a Community
Technology | ||||||
9 | Center grant under the federal Community Technology Centers | ||||||
10 | Program
are also eligible to apply for grants under this | ||||||
11 | Program.
| ||||||
12 | The Department shall
provide assistance to Community | ||||||
13 | Technology Centers in making those
determinations for purposes | ||||||
14 | of applying for grants.
| ||||||
15 | The Department shall encourage Community Technology | ||||||
16 | Centers to participate in public and private computer hardware | ||||||
17 | equipment recycling initiatives that provide computers at | ||||||
18 | reduced or no cost to low-income families, including programs | ||||||
19 | authorized by the State Property Control Act. On an annual | ||||||
20 | basis, the Department must provide the Director of Central | ||||||
21 | Management Services with a list of Community Technology | ||||||
22 | Centers that have applied to the Department for funding as | ||||||
23 | potential recipients of surplus State-owned computer hardware | ||||||
24 | equipment under programs authorized by the State Property | ||||||
25 | Control Act.
| ||||||
26 | (c) Grant applications shall be submitted to the |
| |||||||
| |||||||
1 | Department on a schedule of one or more deadlines established | ||||||
2 | by the Department by rule.
| ||||||
3 | (d) The Department shall adopt rules setting forth the | ||||||
4 | required form
and contents of grant applications.
| ||||||
5 | (e) (Blank). There is created
the Digital Divide | ||||||
6 | Elimination Advisory Committee. The advisory committee
shall | ||||||
7 | consist of 7
members appointed one each by the Governor, the | ||||||
8 | President of
the Senate, the Senate Minority Leader, the | ||||||
9 | Speaker of the House, and the House
Minority Leader, and 2 | ||||||
10 | appointed by the Director of Commerce and Economic | ||||||
11 | Opportunity, one of whom shall be a representative of the | ||||||
12 | telecommunications industry and one of whom shall represent | ||||||
13 | community technology centers. The members of the advisory | ||||||
14 | committee shall receive no
compensation for their services as | ||||||
15 | members of the advisory committee but may be
reimbursed for | ||||||
16 | their actual expenses incurred in serving on the advisory
| ||||||
17 | committee. The Digital Divide Elimination Advisory Committee | ||||||
18 | shall advise the
Department in establishing criteria and | ||||||
19 | priorities for identifying recipients
of
grants under this | ||||||
20 | Act. The advisory committee shall obtain advice from the
| ||||||
21 | technology industry regarding current technological standards. | ||||||
22 | The advisory
committee shall seek any available federal | ||||||
23 | funding.
| ||||||
24 | (f) (Blank). There is created the Digital Divide | ||||||
25 | Elimination Working Group. The Working Group shall consist of | ||||||
26 | the Director of Commerce and Economic Opportunity, or his or |
| |||||||
| |||||||
1 | her designee, the Director of Central Management Services, or | ||||||
2 | his or her designee, and the Executive Director of the | ||||||
3 | Illinois Commerce Commission, or his or her designee. The | ||||||
4 | Director of Commerce and Economic Opportunity, or his or her | ||||||
5 | designee, shall serve as chair of the Working Group. The | ||||||
6 | Working Group shall consult with the members of the Digital | ||||||
7 | Divide Elimination Advisory Committee and may consult with | ||||||
8 | various groups including, but not limited to, | ||||||
9 | telecommunications providers, telecommunications-related | ||||||
10 | technology producers and service providers, community | ||||||
11 | technology providers, community and consumer organizations, | ||||||
12 | businesses and business organizations, and federal government | ||||||
13 | agencies.
| ||||||
14 | (g) Duties of the Digital Divide Elimination Working Group | ||||||
15 | include all of the following: | ||||||
16 | (1) Undertaking a thorough review of grant programs | ||||||
17 | available through the federal government, local agencies, | ||||||
18 | telecommunications providers, and business and charitable | ||||||
19 | entities for the purpose of identifying appropriate | ||||||
20 | sources of revenues for the Digital Divide Elimination | ||||||
21 | Fund and attempting to update available grants on a | ||||||
22 | regular basis. | ||||||
23 | (2) Researching and cataloging programs designed to | ||||||
24 | advance digital literacy and computer access that are | ||||||
25 | available through the federal government, local agencies, | ||||||
26 | telecommunications providers, and business and charitable |
| |||||||
| |||||||
1 | entities and attempting to update available programs on a | ||||||
2 | regular basis. | ||||||
3 | (3) Presenting the information compiled from items (1) | ||||||
4 | and (2) to the Department of Commerce and Economic | ||||||
5 | Opportunity, which shall serve as a single point of | ||||||
6 | contact for applying for funding for the Digital Divide | ||||||
7 | Elimination Fund and for distributing information to the | ||||||
8 | public regarding all programs designed to advance digital | ||||||
9 | literacy and computer access.
| ||||||
10 | (Source: P.A. 94-734, eff. 4-28-06; 95-740, eff. 1-1-09.)
| ||||||
11 | Section 10-35. The Illinois Groundwater Protection Act is | ||||||
12 | amended by changing Section 4 as follows:
| ||||||
13 | (415 ILCS 55/4) (from Ch. 111 1/2, par. 7454)
| ||||||
14 | Sec. 4. Interagency Coordinating Committee on Groundwater. | ||||||
15 | (a) There shall be established within State government an
| ||||||
16 | interagency committee
which shall be known as the Interagency | ||||||
17 | Coordinating Committee on
Groundwater. The Committee shall be | ||||||
18 | composed of the Director, or his
designee, of the following | ||||||
19 | agencies:
| ||||||
20 | (1) The Illinois Environmental Protection Agency, who | ||||||
21 | shall chair the
Committee.
| ||||||
22 | (2) The Illinois Department of Natural Resources.
| ||||||
23 | (3) The Illinois Department of Public Health.
| ||||||
24 | (4) The Office of Mines and Minerals within
the |
| |||||||
| |||||||
1 | Department of Natural Resources.
| ||||||
2 | (5) The Office of the State Fire Marshal.
| ||||||
3 | (6) The Division of Water Resources of the Department | ||||||
4 | of
Natural Resources.
| ||||||
5 | (7) The Illinois Department of Agriculture.
| ||||||
6 | (8) The Illinois Emergency Management Agency.
| ||||||
7 | (9) The Illinois Department of Nuclear Safety.
| ||||||
8 | (10) The Illinois Department of Commerce and Economic | ||||||
9 | Opportunity.
| ||||||
10 | (b) The Committee shall meet not less than
twice each | ||||||
11 | calendar year and shall:
| ||||||
12 | (1) Review and coordinate the State's policy on | ||||||
13 | groundwater protection.
| ||||||
14 | (2) Review and evaluate State laws, regulations and | ||||||
15 | procedures that
relate to groundwater protection.
| ||||||
16 | (3) Review and evaluate the status of the State's | ||||||
17 | efforts to improve
the quality of the groundwater and of | ||||||
18 | the State enforcement efforts for
protection of the | ||||||
19 | groundwater and make recommendations on improving the
| ||||||
20 | State efforts to protect the groundwater.
| ||||||
21 | (4) Recommend procedures for better coordination among | ||||||
22 | State
groundwater programs and with local programs related | ||||||
23 | to groundwater protection.
| ||||||
24 | (5) Review and recommend procedures to coordinate the | ||||||
25 | State's response
to specific incidents of groundwater | ||||||
26 | pollution and coordinate dissemination
of information |
| |||||||
| |||||||
1 | between agencies responsible for the State's response.
| ||||||
2 | (6) Make recommendations for and prioritize the | ||||||
3 | State's groundwater
research needs.
| ||||||
4 | (7) Review, coordinate and evaluate groundwater data | ||||||
5 | collection and
analysis.
| ||||||
6 | (8) Beginning on January 1, 1990, report biennially to | ||||||
7 | the Governor
and the General Assembly on groundwater
| ||||||
8 | quality, quantity, and the State's enforcement efforts.
| ||||||
9 | (c) The Chairman of the Committee shall propose a | ||||||
10 | groundwater protection
regulatory agenda for consideration by | ||||||
11 | the Committee and the Council. The
principal purpose of the | ||||||
12 | agenda shall be to systematically consider the
groundwater | ||||||
13 | protection aspects of relevant federal and State regulatory
| ||||||
14 | programs and to identify any areas where improvements may be | ||||||
15 | warranted. To
the extent feasible, the agenda may also serve | ||||||
16 | to facilitate a more
uniform and coordinated approach toward | ||||||
17 | protection of groundwaters in
Illinois. Upon adoption of the | ||||||
18 | final agenda by the Committee, the Chairman
of the Committee | ||||||
19 | shall assign a lead agency and any support agencies to
prepare | ||||||
20 | a regulatory assessment report for each item on the agenda. | ||||||
21 | Each
regulatory assessment report shall specify the nature of | ||||||
22 | the
groundwater protection
provisions being implemented and | ||||||
23 | shall evaluate the results achieved
therefrom. Special | ||||||
24 | attention shall be given to any preventive measures
being | ||||||
25 | utilized for protection of groundwaters. The reports shall be
| ||||||
26 | completed in a timely manner. After review and consideration |
| |||||||
| |||||||
1 | by the
Committee, the reports shall become the basis for | ||||||
2 | recommending further
legislative or regulatory action.
| ||||||
3 | (d) No later than January 1, 1992, the Interagency | ||||||
4 | Coordinating
Committee on Groundwater shall provide a | ||||||
5 | comprehensive status report to
the Governor and the General | ||||||
6 | Assembly concerning implementation of this Act.
| ||||||
7 | (e) The Committee shall consider findings and | ||||||
8 | recommendations that are
provided by the Council, and
respond | ||||||
9 | in writing regarding such matters. The Chairman of the | ||||||
10 | Committee
shall designate a liaison person to serve as a | ||||||
11 | facilitator of
communications with the Council.
| ||||||
12 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
13 | ARTICLE 15. SCHOOL CODE | ||||||
14 | Section 15-5. The School Code is amended by changing | ||||||
15 | Sections 1B-8, 1F-25, 1F-90, 2-3.146, 10-21.9, and 34-18.5 as | ||||||
16 | follows:
| ||||||
17 | (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
| ||||||
18 | Sec. 1B-8. There is created in the State Treasury a
| ||||||
19 | special fund to be known as the School District Emergency
| ||||||
20 | Financial Assistance Fund (the "Fund"). The School District | ||||||
21 | Emergency
Financial Assistance Fund shall consist of | ||||||
22 | appropriations, loan repayments, grants from the
federal | ||||||
23 | government, and donations from any public or private source. |
| |||||||
| |||||||
1 | Moneys in
the Fund
may be appropriated only to the Illinois | ||||||
2 | Finance Authority and
the State Board for
those purposes | ||||||
3 | authorized under this Article and Articles
1F and 1H of this | ||||||
4 | Code.
The appropriation may be
allocated and expended by the | ||||||
5 | State Board for contractual services to provide technical | ||||||
6 | assistance or consultation to school districts to assess their | ||||||
7 | financial condition and to Financial Oversight Panels that | ||||||
8 | petition for emergency financial assistance grants. The | ||||||
9 | Illinois Finance Authority may provide
loans to school | ||||||
10 | districts which are the subject of an
approved petition for | ||||||
11 | emergency financial assistance under
Section 1B-4 ,
1F-62, or | ||||||
12 | 1H-65 of this Code. Neither the State Board of Education nor | ||||||
13 | the Illinois Finance Authority may collect any fees for | ||||||
14 | providing these services. | ||||||
15 | From the amount allocated to each such school
district | ||||||
16 | under this Article the State Board shall identify a sum | ||||||
17 | sufficient to
cover all approved costs of the Financial | ||||||
18 | Oversight Panel
established for the respective school | ||||||
19 | district. If the State Board and State
Superintendent of | ||||||
20 | Education have not approved emergency financial assistance in
| ||||||
21 | conjunction with the appointment of a Financial Oversight | ||||||
22 | Panel, the Panel's
approved costs shall be paid from | ||||||
23 | deductions from the district's general State
aid or | ||||||
24 | evidence-based funding.
| ||||||
25 | The Financial Oversight Panel may prepare and file
with | ||||||
26 | the State Superintendent a proposal for emergency
financial |
| |||||||
| |||||||
1 | assistance for the school district and for its
operations | ||||||
2 | budget. No expenditures from the Fund shall be
authorized by | ||||||
3 | the State Superintendent until he or she has approved
the | ||||||
4 | request of the Panel, either as submitted or in such
lesser | ||||||
5 | amount determined by the State Superintendent.
| ||||||
6 | The maximum amount of an emergency financial assistance | ||||||
7 | loan
which may be allocated to any school district under this
| ||||||
8 | Article, including moneys necessary for the operations of
the | ||||||
9 | Panel, shall not exceed $4,000 times the number of pupils
| ||||||
10 | enrolled in the school district during the school year
ending | ||||||
11 | June 30 prior to the date of approval by the State
Board of the | ||||||
12 | petition for emergency financial assistance, as
certified to | ||||||
13 | the local board and the Panel by the State
Superintendent.
An | ||||||
14 | emergency financial assistance grant shall not exceed $1,000 | ||||||
15 | times the
number of such pupils. A district may receive both a | ||||||
16 | loan and a grant.
| ||||||
17 | The payment of an emergency State financial assistance | ||||||
18 | grant or loan
shall be subject to appropriation by the General | ||||||
19 | Assembly. Payment of the emergency State financial assistance | ||||||
20 | loan is subject to the applicable provisions of the Illinois | ||||||
21 | Finance Authority Act.
Emergency State financial assistance | ||||||
22 | allocated and paid to a school
district under this Article may | ||||||
23 | be applied to any fund or funds from which
the local board of | ||||||
24 | education of that district is authorized to make
expenditures | ||||||
25 | by law.
| ||||||
26 | Any emergency financial assistance grant proposed by the
|
| |||||||
| |||||||
1 | Financial Oversight Panel and approved by the State
| ||||||
2 | Superintendent may be paid in its entirety during the
initial | ||||||
3 | year of the Panel's existence or spread in equal or
declining | ||||||
4 | amounts over a period of years not to exceed the
period of the | ||||||
5 | Panel's existence. An emergency financial assistance loan | ||||||
6 | proposed by the Financial Oversight Panel and approved by the | ||||||
7 | Illinois Finance Authority may be paid in its entirety during | ||||||
8 | the initial year of the Panel's existence or spread in equal or | ||||||
9 | declining amounts over a period of years not to exceed the | ||||||
10 | period of the Panel's existence. All
loans made by the | ||||||
11 | Illinois Finance Authority for a
school district shall be | ||||||
12 | required to be repaid, with simple interest over
the term of | ||||||
13 | the loan at a rate equal to 50% of the one-year Constant | ||||||
14 | Maturity
Treasury (CMT) yield as last published by the Board | ||||||
15 | of Governors of the Federal
Reserve System before the date on | ||||||
16 | which the district's loan is
approved
by the Illinois Finance | ||||||
17 | Authority, not later than the
date the
Financial Oversight | ||||||
18 | Panel ceases to exist. The Panel shall
establish and the | ||||||
19 | Illinois Finance Authority shall
approve the terms and | ||||||
20 | conditions, including the schedule, of
repayments. The | ||||||
21 | schedule shall provide for repayments
commencing July 1 of | ||||||
22 | each year or upon each fiscal year's receipt of moneys from a | ||||||
23 | tax levy for emergency financial assistance. Repayment shall | ||||||
24 | be incorporated into the
annual budget of the school district | ||||||
25 | and may be made from any fund or funds
of the district in which | ||||||
26 | there are moneys available. An emergency financial assistance |
| |||||||
| |||||||
1 | loan to the Panel or district shall not be considered part of | ||||||
2 | the calculation of a district's debt for purposes of the | ||||||
3 | limitation specified in Section 19-1 of this Code. Default on | ||||||
4 | repayment is subject to the Illinois Grant Funds Recovery Act. | ||||||
5 | When moneys are repaid
as provided herein they shall not be | ||||||
6 | made available to the local board for
further use as emergency | ||||||
7 | financial assistance under this Article at any
time | ||||||
8 | thereafter. All repayments required to be made by a school | ||||||
9 | district
shall be received by the State Board and deposited in | ||||||
10 | the School District
Emergency Financial Assistance Fund.
| ||||||
11 | In establishing the terms and conditions for the
repayment | ||||||
12 | obligation of the school district the Panel shall
annually | ||||||
13 | determine whether a separate local property tax levy is
| ||||||
14 | required. The board of any school district with a tax rate
for | ||||||
15 | educational purposes for the prior year of less than
120% of | ||||||
16 | the maximum rate for educational purposes authorized
by | ||||||
17 | Section 17-2 shall provide for a separate
tax levy for | ||||||
18 | emergency financial assistance repayment
purposes. Such tax | ||||||
19 | levy shall not be subject to referendum approval. The
amount | ||||||
20 | of the levy shall be equal to the
amount necessary to meet the | ||||||
21 | annual repayment obligations of
the district as established by | ||||||
22 | the Panel, or 20% of the
amount levied for educational | ||||||
23 | purposes for the prior year,
whichever is less. However, no | ||||||
24 | district shall be
required to levy the tax if the district's | ||||||
25 | operating tax
rate as determined under Section
18-8, 18-8.05, | ||||||
26 | or 18-8.15 exceeds 200% of the district's tax rate for |
| |||||||
| |||||||
1 | educational
purposes for the prior year.
| ||||||
2 | (Source: P.A. 100-465, eff. 8-31-17.)
| ||||||
3 | (105 ILCS 5/1F-25)
| ||||||
4 | (This Section scheduled to be repealed in accordance with 105 | ||||||
5 | ILCS 5/1F-165) | ||||||
6 | Sec. 1F-25. General powers. The purposes of the Authority | ||||||
7 | shall be
to exercise financial control over the district and | ||||||
8 | to furnish financial
assistance so that the district can | ||||||
9 | provide public education within the
district's jurisdiction | ||||||
10 | while permitting the district to meet its obligations
to its | ||||||
11 | creditors and the holders of its debt. Except as
expressly | ||||||
12 | limited by this Article, the Authority shall have all powers
| ||||||
13 | granted to a voluntary or involuntary Financial Oversight | ||||||
14 | Panel and to
a Financial Administrator under Article 1B of | ||||||
15 | this Code and all other powers
necessary to meet its | ||||||
16 | responsibilities and to carry out its purposes
and the | ||||||
17 | purposes of this Article, including without limitation all of | ||||||
18 | the
following powers,
provided that the Authority shall have | ||||||
19 | no power
to
terminate any employee without following the | ||||||
20 | statutory procedures for
such terminations set forth in this | ||||||
21 | Code:
| ||||||
22 | (1) To sue and to be sued.
| ||||||
23 | (2) To make, cancel, modify, and execute contracts, | ||||||
24 | leases, subleases, and
all other
instruments or agreements | ||||||
25 | necessary or convenient for the exercise of
the powers and |
| |||||||
| |||||||
1 | functions granted by this Article, subject to Section | ||||||
2 | 1F-45 of
this Code.
The Authority may at a regular or | ||||||
3 | special meeting find that the district has
insufficient or | ||||||
4 | inadequate funds
with respect to any contract, other than | ||||||
5 | collective bargaining agreements.
| ||||||
6 | (3) To purchase real or personal property necessary or | ||||||
7 | convenient
for its purposes; to execute and deliver deeds | ||||||
8 | for real property held in
its own name; and to sell, lease, | ||||||
9 | or otherwise dispose of such of
its property as, in the | ||||||
10 | judgment of the Authority, is no longer
necessary for its | ||||||
11 | purposes.
| ||||||
12 | (4) To appoint officers, agents, and employees of the | ||||||
13 | Authority,
including a chief executive officer, a chief | ||||||
14 | fiscal officer, and a chief
educational officer; to define | ||||||
15 | their duties and qualifications; and to
fix their | ||||||
16 | compensation and employee benefits.
| ||||||
17 | (5) To transfer to the district such sums of money
as | ||||||
18 | are not required for other purposes.
| ||||||
19 | (6) To borrow money, including without limitation | ||||||
20 | accepting State loans,
and to
issue obligations pursuant | ||||||
21 | to this
Article; to fund, refund, or advance refund the | ||||||
22 | same; to provide for the
rights of the holders of its | ||||||
23 | obligations; and to repay any advances.
| ||||||
24 | (6.5) To levy all property tax levies that otherwise | ||||||
25 | could be levied by
the district , and to make
levies | ||||||
26 | pursuant to Section 1F-62 of this Code .
This levy or |
| |||||||
| |||||||
1 | levies shall be exempt from the Truth in Taxation Law
and | ||||||
2 | the Cook County Truth in Taxation Law.
| ||||||
3 | (7) Subject to the provisions of any contract with or | ||||||
4 | for the
benefit of the holders of its obligations, to | ||||||
5 | purchase or redeem its
obligations.
| ||||||
6 | (8) To procure all necessary goods and services for | ||||||
7 | the Authority
in compliance with the purchasing laws and | ||||||
8 | requirements applicable to
the district.
| ||||||
9 | (9) To do any and all things necessary or convenient | ||||||
10 | to carry out
its purposes and exercise the powers given to | ||||||
11 | it by this
Article.
| ||||||
12 | (10) To recommend annexation,
consolidation, | ||||||
13 | dissolution, or reorganization of the district, in whole | ||||||
14 | or in
part, to the
State Board if in the Authority's | ||||||
15 | judgment the circumstances so
require. No such proposal | ||||||
16 | for annexation, consolidation,
dissolution, or | ||||||
17 | reorganization shall occur unless the Authority and the | ||||||
18 | school
boards of all other
districts directly affected by | ||||||
19 | the
annexation, consolidation, dissolution, or
| ||||||
20 | reorganization
have each approved by majority vote the
| ||||||
21 | annexation, consolidation, dissolution, or
| ||||||
22 | reorganization.
Notwithstanding any other law to the | ||||||
23 | contrary, upon approval of the proposal
by the State | ||||||
24 | Board, the State Board and all other affected entities | ||||||
25 | shall
forthwith implement the proposal.
When a dissolution | ||||||
26 | and annexation becomes
effective for
purposes of |
| |||||||
| |||||||
1 | administration and attendance,
the positions of
teachers | ||||||
2 | in contractual continued service in the district
being | ||||||
3 | dissolved shall be transferred to the annexing district
or | ||||||
4 | districts, pursuant to the provisions of Section 24-12 of
| ||||||
5 | this Code.
In the event that the territory is added to 2 or
| ||||||
6 | more districts, the decision on which positions shall be
| ||||||
7 | transferred to which annexing districts shall be made by
| ||||||
8 | giving consideration to the proportionate percentage of
| ||||||
9 | pupils transferred and the annexing districts' staffing
| ||||||
10 | needs, and the transfer of teachers in contractual | ||||||
11 | continued service
into
positions shall be based upon the | ||||||
12 | request
of those teachers in contractual continued service
| ||||||
13 | in order of seniority in the dissolving district.
The | ||||||
14 | status of
all teachers in contractual continued service
| ||||||
15 | transferred to an annexing district shall not be
lost, and | ||||||
16 | the board of the annexing district is subject to
this Code | ||||||
17 | with respect to teachers in contractual continued service
| ||||||
18 | who are transferred in the same
manner as if the person | ||||||
19 | were the annexing district's employee
and had been its | ||||||
20 | employee during the time the person was
actually employed | ||||||
21 | by the board of the dissolving district
from which the | ||||||
22 | position was transferred.
| ||||||
23 | (Source: P.A. 92-855, eff. 12-6-02 .)
| ||||||
24 | (105 ILCS 5/1F-90)
| ||||||
25 | (This Section scheduled to be repealed in accordance with 105 |
| |||||||
| |||||||
1 | ILCS 5/1F-165) | ||||||
2 | Sec. 1F-90. Tax anticipation warrants. An Authority shall | ||||||
3 | have the same power to issue tax anticipation warrants as a
| ||||||
4 | school board under Section 17-16 of this
Code. Tax | ||||||
5 | anticipation
warrants are considered borrowing from sources | ||||||
6 | other than the State
and are
subject to Section 1F-62 of this
| ||||||
7 | Code .
| ||||||
8 | (Source: P.A. 92-855, eff. 12-6-02 .)
| ||||||
9 | (105 ILCS 5/2-3.146)
| ||||||
10 | Sec. 2-3.146. Severely overcrowded schools grant program. | ||||||
11 | There is created a grant program, subject to appropriation, | ||||||
12 | for severely overcrowded schools. The State Board of Education | ||||||
13 | shall administer the program. Grant funds may be used for | ||||||
14 | purposes of relieving overcrowding. In order for a school | ||||||
15 | district to be eligible for a grant under this Section, (i) the | ||||||
16 | main administrative office of the district must be located in | ||||||
17 | a city of 85,000 or more in population, according to the 2000 | ||||||
18 | U.S. Census, and (ii) the school district must have a | ||||||
19 | district-wide percentage of low-income students of 70% or | ||||||
20 | more, as identified by the 2005-2006 School Report Cards | ||||||
21 | published by the State Board of Education , and (iii) the | ||||||
22 | school district must not be eligible for a fast growth grant | ||||||
23 | under Section 18-8.10 of this Code . The State Board of | ||||||
24 | Education shall distribute the funds on a proportional basis | ||||||
25 | with no single district receiving more than 75% of the funds in |
| |||||||
| |||||||
1 | any given year. The State Board of Education may adopt rules as | ||||||
2 | needed for the implementation and distribution of grants under | ||||||
3 | this Section.
| ||||||
4 | (Source: P.A. 95-707, eff. 1-11-08.)
| ||||||
5 | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| ||||||
6 | Sec. 10-21.9. Criminal history records checks and checks | ||||||
7 | of the Statewide Sex Offender Database and Statewide Murderer | ||||||
8 | and Violent Offender Against Youth Database.
| ||||||
9 | (a) Licensed and nonlicensed applicants for employment | ||||||
10 | with a school
district, except school bus driver applicants, | ||||||
11 | are required as a condition
of employment to authorize a | ||||||
12 | fingerprint-based criminal history records check to determine | ||||||
13 | if such applicants have been convicted of any disqualifying, | ||||||
14 | enumerated criminal or drug offenses in subsection (c) of this | ||||||
15 | Section or
have been convicted, within 7 years of the | ||||||
16 | application for employment with
the
school district, of any | ||||||
17 | other felony under the laws of this State or of any
offense | ||||||
18 | committed or attempted in any other state or against the laws | ||||||
19 | of
the United States that, if committed or attempted in this | ||||||
20 | State, would
have been punishable as a felony under the laws of | ||||||
21 | this State.
Authorization for
the check shall be furnished by | ||||||
22 | the applicant to
the school district, except that if the | ||||||
23 | applicant is a substitute teacher
seeking employment in more | ||||||
24 | than one school district, a teacher seeking
concurrent | ||||||
25 | part-time employment positions with more than one school
|
| |||||||
| |||||||
1 | district (as a reading specialist, special education teacher | ||||||
2 | or otherwise),
or an educational support personnel employee | ||||||
3 | seeking employment positions
with more than one district, any | ||||||
4 | such district may require the applicant to
furnish | ||||||
5 | authorization for
the check to the regional superintendent
of | ||||||
6 | the educational service region in which are located the school | ||||||
7 | districts
in which the applicant is seeking employment as a | ||||||
8 | substitute or concurrent
part-time teacher or concurrent | ||||||
9 | educational support personnel employee.
Upon receipt of this | ||||||
10 | authorization, the school district or the appropriate
regional | ||||||
11 | superintendent, as the case may be, shall submit the | ||||||
12 | applicant's
name, sex, race, date of birth, social security | ||||||
13 | number, fingerprint images, and other identifiers, as | ||||||
14 | prescribed by the Illinois State Police, to the Illinois State | ||||||
15 | Police. The regional
superintendent submitting the requisite | ||||||
16 | information to the Illinois
State Police shall promptly notify | ||||||
17 | the school districts in which the
applicant is seeking | ||||||
18 | employment as a substitute or concurrent part-time
teacher or | ||||||
19 | concurrent educational support personnel employee that
the
| ||||||
20 | check of the applicant has been requested. The Illinois State | ||||||
21 | Police and the Federal Bureau of Investigation shall furnish, | ||||||
22 | pursuant to a fingerprint-based criminal history records | ||||||
23 | check, records of convictions, forever and hereinafter, until | ||||||
24 | expunged, to the president of the school board for the school | ||||||
25 | district that requested the check, or to the regional | ||||||
26 | superintendent who requested the check.
The Illinois State |
| |||||||
| |||||||
1 | Police
shall charge
the school district
or the appropriate | ||||||
2 | regional superintendent a fee for
conducting
such check, which | ||||||
3 | fee shall be deposited in the State
Police Services Fund and | ||||||
4 | shall not exceed the cost of
the inquiry; and the
applicant | ||||||
5 | shall not be charged a fee for
such check by the school
| ||||||
6 | district or by the regional superintendent, except that those | ||||||
7 | applicants seeking employment as a substitute teacher with a | ||||||
8 | school district may be charged a fee not to exceed the cost of | ||||||
9 | the inquiry. Subject to appropriations for these purposes, the | ||||||
10 | State Superintendent of Education shall reimburse school | ||||||
11 | districts and regional superintendents for fees paid to obtain | ||||||
12 | criminal history records checks under this Section.
| ||||||
13 | (a-5) The school district or regional superintendent shall | ||||||
14 | further perform a check of the Statewide Sex Offender | ||||||
15 | Database, as authorized by the Sex Offender Community | ||||||
16 | Notification Law, for each applicant. The check of the | ||||||
17 | Statewide Sex Offender Database must be conducted by the | ||||||
18 | school district or regional superintendent once for every 5 | ||||||
19 | years that an applicant remains employed by the school | ||||||
20 | district. | ||||||
21 | (a-6) The school district or regional superintendent shall | ||||||
22 | further perform a check of the Statewide Murderer and Violent | ||||||
23 | Offender Against Youth Database, as authorized by the Murderer | ||||||
24 | and Violent Offender Against Youth Community Notification Law, | ||||||
25 | for each applicant. The check of the Murderer and Violent | ||||||
26 | Offender Against Youth Database must be conducted by the |
| |||||||
| |||||||
1 | school district or regional superintendent once for every 5 | ||||||
2 | years that an applicant remains employed by the school | ||||||
3 | district. | ||||||
4 | (b)
Any information
concerning the record of convictions | ||||||
5 | obtained by the president of the
school board or the regional | ||||||
6 | superintendent shall be confidential and may
only be | ||||||
7 | transmitted to the superintendent of the school district or | ||||||
8 | his
designee, the appropriate regional superintendent if
the | ||||||
9 | check was
requested by the school district, the presidents of | ||||||
10 | the appropriate school
boards if
the check was requested from | ||||||
11 | the Illinois State
Police by the regional superintendent, the | ||||||
12 | State Board of Education and a school district as authorized | ||||||
13 | under subsection (b-5), the State Superintendent of
Education, | ||||||
14 | the State Educator Preparation and Licensure Board, any other | ||||||
15 | person
necessary to the decision of hiring the applicant for | ||||||
16 | employment, or for clarification purposes the Illinois State | ||||||
17 | Police or Statewide Sex Offender Database, or both. A copy
of | ||||||
18 | the record of convictions obtained from the Illinois State | ||||||
19 | Police
shall be provided to the applicant for employment. Upon | ||||||
20 | the check of the Statewide Sex Offender Database or Statewide | ||||||
21 | Murderer and Violent Offender Against Youth Database, the | ||||||
22 | school district or regional superintendent shall notify an | ||||||
23 | applicant as to whether or not the applicant has been | ||||||
24 | identified in the Database. If a check of
an applicant for | ||||||
25 | employment as a substitute or concurrent part-time teacher
or | ||||||
26 | concurrent educational support personnel employee in more than |
| |||||||
| |||||||
1 | one
school district was requested by the regional | ||||||
2 | superintendent, and the Illinois
State Police upon a check | ||||||
3 | ascertains that the applicant
has not been convicted of any of | ||||||
4 | the enumerated criminal or drug offenses
in subsection (c) of | ||||||
5 | this Section
or has not been convicted, within 7 years of the
| ||||||
6 | application for
employment with the
school district, of any | ||||||
7 | other felony under the laws of this State or of any
offense | ||||||
8 | committed or attempted in any other state or against the laws | ||||||
9 | of
the United States that, if committed or attempted in this | ||||||
10 | State, would
have been punishable as a felony under the laws of | ||||||
11 | this State
and so notifies the regional
superintendent and if | ||||||
12 | the regional superintendent upon a check ascertains that the | ||||||
13 | applicant has not been identified in the Sex Offender Database | ||||||
14 | or Statewide Murderer and Violent Offender Against Youth | ||||||
15 | Database, then the
regional superintendent shall issue to the | ||||||
16 | applicant a certificate
evidencing that as of the date | ||||||
17 | specified by the Illinois State Police
the applicant has not | ||||||
18 | been convicted of any of the enumerated criminal or
drug | ||||||
19 | offenses in subsection (c) of this Section
or has not been
| ||||||
20 | convicted, within 7 years of the application for employment | ||||||
21 | with the
school district, of any other felony under the laws of | ||||||
22 | this State or of any
offense committed or attempted in any | ||||||
23 | other state or against the laws of
the United States that, if | ||||||
24 | committed or attempted in this State, would
have been | ||||||
25 | punishable as a felony under the laws of this State and | ||||||
26 | evidencing that as of the date that the regional |
| |||||||
| |||||||
1 | superintendent conducted a check of the Statewide Sex Offender | ||||||
2 | Database or Statewide Murderer and Violent Offender Against | ||||||
3 | Youth Database, the applicant has not been identified in the | ||||||
4 | Database. The school
board of
any
school district
may rely on | ||||||
5 | the
certificate issued by any regional superintendent to that | ||||||
6 | substitute teacher, concurrent part-time teacher, or | ||||||
7 | concurrent educational support personnel employee or may
| ||||||
8 | initiate its own criminal history records check of the | ||||||
9 | applicant through the Illinois
State Police and its own check | ||||||
10 | of the Statewide Sex Offender Database or Statewide Murderer | ||||||
11 | and Violent Offender Against Youth Database as provided in | ||||||
12 | this Section. Any unauthorized release of confidential | ||||||
13 | information may be a violation of Section 7 of the Criminal | ||||||
14 | Identification Act.
| ||||||
15 | (b-5) If a criminal history records check or check of the | ||||||
16 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
17 | Violent Offender Against Youth Database is performed by a | ||||||
18 | regional superintendent for an applicant seeking employment as | ||||||
19 | a substitute teacher with a school district, the regional | ||||||
20 | superintendent may disclose to the State Board of Education | ||||||
21 | whether the applicant has been issued a certificate under | ||||||
22 | subsection (b) based on those checks. If the State Board | ||||||
23 | receives information on an applicant under this subsection, | ||||||
24 | then it must indicate in the Educator Licensure Information | ||||||
25 | System for a 90-day period that the applicant has been issued | ||||||
26 | or has not been issued a certificate. |
| |||||||
| |||||||
1 | (c) No school board shall knowingly employ a person who | ||||||
2 | has been
convicted of any offense that would subject him or her | ||||||
3 | to license suspension or revocation pursuant to Section 21B-80 | ||||||
4 | of this Code, except as provided under subsection (b) of | ||||||
5 | Section 21B-80.
Further, no school board shall knowingly | ||||||
6 | employ a person who has been found
to be the perpetrator of | ||||||
7 | sexual or physical abuse of any minor under 18 years
of age | ||||||
8 | pursuant to proceedings under Article II of the Juvenile Court | ||||||
9 | Act of
1987. As a condition of employment, each school board | ||||||
10 | must consider the status of a person who has been issued an | ||||||
11 | indicated finding of abuse or neglect of a child by the | ||||||
12 | Department of Children and Family Services under the Abused | ||||||
13 | and Neglected Child Reporting Act or by a child welfare agency | ||||||
14 | of another jurisdiction.
| ||||||
15 | (d) No school board shall knowingly employ a person for | ||||||
16 | whom a criminal
history records check and a Statewide Sex | ||||||
17 | Offender Database check have not been initiated.
| ||||||
18 | (e) Within 10 days after a superintendent, regional office | ||||||
19 | of education, or entity that provides background checks of | ||||||
20 | license holders to public schools receives information of a | ||||||
21 | pending criminal charge against a license holder for an | ||||||
22 | offense set forth in Section 21B-80 of this Code, the | ||||||
23 | superintendent, regional office of education, or entity must | ||||||
24 | notify the State Superintendent of Education of the pending | ||||||
25 | criminal charge. | ||||||
26 | If permissible by federal or State law, no later than 15 |
| |||||||
| |||||||
1 | business days after receipt of a record of conviction or of | ||||||
2 | checking the Statewide Murderer and Violent Offender Against | ||||||
3 | Youth Database or the Statewide Sex Offender Database and | ||||||
4 | finding a registration, the superintendent of the employing | ||||||
5 | school board or the applicable regional superintendent shall, | ||||||
6 | in writing, notify the State Superintendent of Education of | ||||||
7 | any license holder who has been convicted of a crime set forth | ||||||
8 | in Section 21B-80 of this Code. Upon receipt of the record of a | ||||||
9 | conviction of or a finding of child
abuse by a holder of any | ||||||
10 | license
issued pursuant to Article 21B or Section 34-8.1 or | ||||||
11 | 34-83 of this the
School Code, the
State Superintendent of | ||||||
12 | Education may initiate licensure suspension
and revocation | ||||||
13 | proceedings as authorized by law. If the receipt of the record | ||||||
14 | of conviction or finding of child abuse is received within 6 | ||||||
15 | months after the initial grant of or renewal of a license, the | ||||||
16 | State Superintendent of Education may rescind the license | ||||||
17 | holder's license.
| ||||||
18 | (e-5) The superintendent of the employing school board | ||||||
19 | shall, in writing, notify the State Superintendent of | ||||||
20 | Education and the applicable regional superintendent of | ||||||
21 | schools of any license holder whom he or she has reasonable | ||||||
22 | cause to believe has committed an intentional act of abuse or | ||||||
23 | neglect with the result of making a child an abused child or a | ||||||
24 | neglected child, as defined in Section 3 of the Abused and | ||||||
25 | Neglected Child Reporting Act, and that act resulted in the | ||||||
26 | license holder's dismissal or resignation from the school |
| |||||||
| |||||||
1 | district. This notification must be submitted within 30 days | ||||||
2 | after the dismissal or resignation and must include the | ||||||
3 | Illinois Educator Identification Number (IEIN) of the license | ||||||
4 | holder and a brief description of the misconduct alleged. The | ||||||
5 | license holder must also be contemporaneously sent a copy of | ||||||
6 | the notice by the superintendent. All correspondence, | ||||||
7 | documentation, and other information so received by the | ||||||
8 | regional superintendent of schools, the State Superintendent | ||||||
9 | of Education, the State Board of Education, or the State | ||||||
10 | Educator Preparation and Licensure Board under this subsection | ||||||
11 | (e-5) is confidential and must not be disclosed to third | ||||||
12 | parties, except (i) as necessary for the State Superintendent | ||||||
13 | of Education or his or her designee to investigate and | ||||||
14 | prosecute pursuant to Article 21B of this Code, (ii) pursuant | ||||||
15 | to a court order, (iii) for disclosure to the license holder or | ||||||
16 | his or her representative, or (iv) as otherwise provided in | ||||||
17 | this Article and provided that any such information admitted | ||||||
18 | into evidence in a hearing is exempt from this confidentiality | ||||||
19 | and non-disclosure requirement. Except for an act of willful | ||||||
20 | or wanton misconduct, any superintendent who provides | ||||||
21 | notification as required in this subsection (e-5) shall have | ||||||
22 | immunity from any liability, whether civil or criminal or that | ||||||
23 | otherwise might result by reason of such action. | ||||||
24 | (f) After January 1, 1990 the provisions of this Section | ||||||
25 | shall apply
to all employees of persons or firms holding | ||||||
26 | contracts with any school
district including, but not limited |
| |||||||
| |||||||
1 | to, food service workers, school bus
drivers and other | ||||||
2 | transportation employees, who have direct, daily contact
with | ||||||
3 | the pupils of any school in such district. For purposes of | ||||||
4 | criminal
history records checks and checks of the Statewide | ||||||
5 | Sex Offender Database on employees of persons or firms holding
| ||||||
6 | contracts with more than one school district and assigned to | ||||||
7 | more than one
school district, the regional superintendent of | ||||||
8 | the educational service
region in which the contracting school | ||||||
9 | districts are located may, at the
request of any such school | ||||||
10 | district, be responsible for receiving the
authorization for
a | ||||||
11 | criminal history records check prepared by each such employee | ||||||
12 | and
submitting the same to the Illinois State Police and for | ||||||
13 | conducting a check of the Statewide Sex Offender Database for | ||||||
14 | each employee. Any information
concerning the record of | ||||||
15 | conviction and identification as a sex offender of any such | ||||||
16 | employee obtained by the
regional superintendent shall be | ||||||
17 | promptly reported to the president of the
appropriate school | ||||||
18 | board or school boards.
| ||||||
19 | (f-5) Upon request of a school or school district, any | ||||||
20 | information obtained by a school district pursuant to | ||||||
21 | subsection (f) of this Section within the last year must be | ||||||
22 | made available to the requesting school or school district. | ||||||
23 | (g) Prior to the commencement of any student teaching | ||||||
24 | experience or required internship (which is referred to as | ||||||
25 | student teaching in this Section) in the public schools, a | ||||||
26 | student teacher is required to authorize a fingerprint-based |
| |||||||
| |||||||
1 | criminal history records check. Authorization for and payment | ||||||
2 | of the costs of the check must be furnished by the student | ||||||
3 | teacher to the school district where the student teaching is | ||||||
4 | to be completed. Upon receipt of this authorization and | ||||||
5 | payment, the school district shall submit the student | ||||||
6 | teacher'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 Illinois State Police and the Federal Bureau of | ||||||
10 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
11 | criminal history records check, records of convictions, | ||||||
12 | forever and hereinafter, until expunged, to the president of | ||||||
13 | the school board for the school district that requested the | ||||||
14 | check. The Illinois State Police shall charge the school | ||||||
15 | district a fee for conducting the check, which fee must not | ||||||
16 | exceed the cost of the inquiry and must be deposited into the | ||||||
17 | State Police Services Fund. The school district shall further | ||||||
18 | perform a check of the Statewide Sex Offender Database, as | ||||||
19 | authorized by the Sex Offender Community Notification Law, and | ||||||
20 | of the Statewide Murderer and Violent Offender Against Youth | ||||||
21 | Database, as authorized by the Murderer and Violent Offender | ||||||
22 | Against Youth Registration Act, for each student teacher. No | ||||||
23 | school board may knowingly allow a person to student teach for | ||||||
24 | whom a criminal history records check, a Statewide Sex | ||||||
25 | Offender Database check, and a Statewide Murderer and Violent | ||||||
26 | Offender Against Youth Database check have not been completed |
| |||||||
| |||||||
1 | and reviewed by the district. | ||||||
2 | A copy of the record of convictions obtained from the | ||||||
3 | Illinois State Police must be provided to the student teacher. | ||||||
4 | Any information concerning the record of convictions obtained | ||||||
5 | by the president of the school board is confidential and may | ||||||
6 | only be transmitted to the superintendent of the school | ||||||
7 | district or his or her designee, the State Superintendent of | ||||||
8 | Education, the State Educator Preparation and Licensure Board, | ||||||
9 | or, for clarification purposes, the Illinois State Police or | ||||||
10 | the Statewide Sex Offender Database or Statewide Murderer and | ||||||
11 | Violent Offender Against Youth Database. Any unauthorized | ||||||
12 | release of confidential information may be a violation of | ||||||
13 | Section 7 of the Criminal Identification Act. | ||||||
14 | No school board shall knowingly allow a person to student | ||||||
15 | teach who has been convicted of any offense that would subject | ||||||
16 | him or her to license suspension or revocation pursuant to | ||||||
17 | subsection (c) of Section 21B-80 of this Code, except as | ||||||
18 | provided under subsection (b) of Section 21B-80. Further, no | ||||||
19 | school board shall allow a person to student teach if he or she | ||||||
20 | has been found to be the perpetrator of sexual or physical | ||||||
21 | abuse of a minor under 18 years of age pursuant to proceedings | ||||||
22 | under Article II of the Juvenile Court Act of 1987. Each school | ||||||
23 | board must consider the status of a person to student teach who | ||||||
24 | has been issued an indicated finding of abuse or neglect of a | ||||||
25 | child by the Department of Children and Family Services under | ||||||
26 | the Abused and Neglected Child Reporting Act or by a child |
| |||||||
| |||||||
1 | welfare agency of another jurisdiction. | ||||||
2 | (h) (Blank). | ||||||
3 | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||||||
4 | 101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. | ||||||
5 | 1-1-22; revised 10-6-21.)
| ||||||
6 | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | ||||||
7 | Sec. 34-18.5. Criminal history records checks and checks | ||||||
8 | of the Statewide Sex Offender Database and Statewide Murderer | ||||||
9 | and Violent Offender Against Youth Database. | ||||||
10 | (a) Licensed and nonlicensed applicants for
employment | ||||||
11 | with the school district are required as a condition of
| ||||||
12 | employment to authorize a fingerprint-based criminal history | ||||||
13 | records check to determine if such applicants
have been | ||||||
14 | convicted of any disqualifying, enumerated criminal or drug | ||||||
15 | offense in
subsection (c) of this Section or have been
| ||||||
16 | convicted, within 7 years of the application for employment | ||||||
17 | with the
school district, of any other felony under the laws of | ||||||
18 | this State or of any
offense committed or attempted in any | ||||||
19 | other state or against the laws of
the United States that, if | ||||||
20 | committed or attempted in this State, would
have been | ||||||
21 | punishable as a felony under the laws of this State. | ||||||
22 | Authorization
for
the
check shall
be furnished by the | ||||||
23 | applicant to the school district, except that if the
applicant | ||||||
24 | is a substitute teacher seeking employment in more than one
| ||||||
25 | school district, or a teacher seeking concurrent part-time |
| |||||||
| |||||||
1 | employment
positions with more than one school district (as a | ||||||
2 | reading specialist,
special education teacher or otherwise), | ||||||
3 | or an educational support
personnel employee seeking | ||||||
4 | employment positions with more than one
district, any such | ||||||
5 | district may require the applicant to furnish
authorization | ||||||
6 | for
the check to the regional superintendent of the
| ||||||
7 | educational service region in which are located the school | ||||||
8 | districts in
which the applicant is seeking employment as a | ||||||
9 | substitute or concurrent
part-time teacher or concurrent | ||||||
10 | educational support personnel employee.
Upon receipt of this | ||||||
11 | authorization, the school district or the appropriate
regional | ||||||
12 | superintendent, as the case may be, shall submit the | ||||||
13 | applicant's
name, sex, race, date of birth, social security | ||||||
14 | number, fingerprint images, and other identifiers, as | ||||||
15 | prescribed by the Illinois State Police, to the Illinois State | ||||||
16 | Police. The regional
superintendent submitting the requisite | ||||||
17 | information to the Illinois
State Police shall promptly notify | ||||||
18 | the school districts in which the
applicant is seeking | ||||||
19 | employment as a substitute or concurrent part-time
teacher or | ||||||
20 | concurrent educational support personnel employee that
the
| ||||||
21 | check of the applicant has been requested. The Illinois State
| ||||||
22 | Police and the Federal Bureau of Investigation shall furnish, | ||||||
23 | pursuant to a fingerprint-based criminal history records | ||||||
24 | check, records of convictions, forever and hereinafter, until | ||||||
25 | expunged, to the president of the school board for the school | ||||||
26 | district that requested the check, or to the regional |
| |||||||
| |||||||
1 | superintendent who requested the check. The Illinois State | ||||||
2 | Police
shall charge
the school district
or the appropriate | ||||||
3 | regional superintendent a fee for
conducting
such check, which | ||||||
4 | fee shall be deposited in the State
Police Services Fund and | ||||||
5 | shall not exceed the cost of the inquiry; and the
applicant | ||||||
6 | shall not be charged a fee for
such check by the school
| ||||||
7 | district or by the regional superintendent. Subject to | ||||||
8 | appropriations for these purposes, the State Superintendent of | ||||||
9 | Education shall reimburse the school district and regional | ||||||
10 | superintendent for fees paid to obtain criminal history | ||||||
11 | records checks under this Section. | ||||||
12 | (a-5) The school district or regional superintendent shall | ||||||
13 | further perform a check of the Statewide Sex Offender | ||||||
14 | Database, as authorized by the Sex Offender Community | ||||||
15 | Notification Law, for each applicant. The check of the | ||||||
16 | Statewide Sex Offender Database must be conducted by the | ||||||
17 | school district or regional superintendent once for every 5 | ||||||
18 | years that an applicant remains employed by the school | ||||||
19 | district. | ||||||
20 | (a-6) The school district or regional superintendent shall | ||||||
21 | further perform a check of the Statewide Murderer and Violent | ||||||
22 | Offender Against Youth Database, as authorized by the Murderer | ||||||
23 | and Violent Offender Against Youth Community Notification Law, | ||||||
24 | for each applicant. The check of the Murderer and Violent | ||||||
25 | Offender Against Youth Database must be conducted by the | ||||||
26 | school district or regional superintendent once for every 5 |
| |||||||
| |||||||
1 | years that an applicant remains employed by the school | ||||||
2 | district. | ||||||
3 | (b) Any
information concerning the record of convictions | ||||||
4 | obtained by the president
of the board of education or the | ||||||
5 | regional superintendent shall be
confidential and may only be | ||||||
6 | transmitted to the general superintendent of
the school | ||||||
7 | district or his designee, the appropriate regional
| ||||||
8 | superintendent if
the check was requested by the board of | ||||||
9 | education
for the school district, the presidents of the | ||||||
10 | appropriate board of
education or school boards if
the check | ||||||
11 | was requested from the Illinois
State Police by the regional | ||||||
12 | superintendent, the State Board of Education and the school | ||||||
13 | district as authorized under subsection (b-5), the State
| ||||||
14 | Superintendent of Education, the State Educator Preparation | ||||||
15 | and Licensure Board or any
other person necessary to the | ||||||
16 | decision of hiring the applicant for
employment. A copy of the | ||||||
17 | record of convictions obtained from the Illinois
State Police | ||||||
18 | shall be provided to the applicant for
employment. Upon the | ||||||
19 | check of the Statewide Sex Offender Database or Statewide | ||||||
20 | Murderer and Violent Offender Against Youth Database, the | ||||||
21 | school district or regional superintendent shall notify an | ||||||
22 | applicant as to whether or not the applicant has been | ||||||
23 | identified in the Database. If a check of an applicant for | ||||||
24 | employment as a
substitute or concurrent part-time teacher or | ||||||
25 | concurrent educational
support personnel employee in more than | ||||||
26 | one school district was requested
by the regional |
| |||||||
| |||||||
1 | superintendent, and the Illinois State Police upon
a check | ||||||
2 | ascertains that the applicant has not been convicted of any
of | ||||||
3 | the enumerated criminal or drug offenses in subsection (c) of | ||||||
4 | this Section
or has not been
convicted,
within 7 years of the | ||||||
5 | application for employment with the
school district, of any | ||||||
6 | other felony under the laws of this State or of any
offense | ||||||
7 | committed or attempted in any other state or against the laws | ||||||
8 | of
the United States that, if committed or attempted in this | ||||||
9 | State, would
have been punishable as a felony under the laws of | ||||||
10 | this State and so
notifies the regional superintendent and if | ||||||
11 | the regional superintendent upon a check ascertains that the | ||||||
12 | applicant has not been identified in the Sex Offender Database | ||||||
13 | or Statewide Murderer and Violent Offender Against Youth | ||||||
14 | Database, then the regional superintendent
shall issue to the | ||||||
15 | applicant a certificate evidencing that as of the date
| ||||||
16 | specified by the Illinois State Police the applicant has not | ||||||
17 | been
convicted of any of the enumerated criminal or drug | ||||||
18 | offenses in subsection
(c) of this Section
or has not been
| ||||||
19 | convicted, within 7 years of the application for employment | ||||||
20 | with the
school district, of any other felony under the laws of | ||||||
21 | this State or of any
offense committed or attempted in any | ||||||
22 | other state or against the laws of
the United States that, if | ||||||
23 | committed or attempted in this State, would
have been | ||||||
24 | punishable as a felony under the laws of this State and | ||||||
25 | evidencing that as of the date that the regional | ||||||
26 | superintendent conducted a check of the Statewide Sex Offender |
| |||||||
| |||||||
1 | Database or Statewide Murderer and Violent Offender Against | ||||||
2 | Youth Database, the applicant has not been identified in the | ||||||
3 | Database. The school
board of any school district may rely on | ||||||
4 | the certificate issued by any regional
superintendent to that | ||||||
5 | substitute teacher, concurrent part-time teacher, or | ||||||
6 | concurrent educational support personnel employee
or may | ||||||
7 | initiate its own criminal history records check of
the | ||||||
8 | applicant through the Illinois State Police and its own check | ||||||
9 | of the Statewide Sex Offender Database or Statewide Murderer | ||||||
10 | and Violent Offender Against Youth Database as provided in
| ||||||
11 | this Section. Any unauthorized release of confidential | ||||||
12 | information may be a violation of Section 7 of the Criminal | ||||||
13 | Identification Act. | ||||||
14 | (b-5) If a criminal history records check or check of the | ||||||
15 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
16 | Violent Offender Against Youth Database is performed by a | ||||||
17 | regional superintendent for an applicant seeking employment as | ||||||
18 | a substitute teacher with the school district, the regional | ||||||
19 | superintendent may disclose to the State Board of Education | ||||||
20 | whether the applicant has been issued a certificate under | ||||||
21 | subsection (b) based on those checks. If the State Board | ||||||
22 | receives information on an applicant under this subsection, | ||||||
23 | then it must indicate in the Educator Licensure Information | ||||||
24 | System for a 90-day period that the applicant has been issued | ||||||
25 | or has not been issued a certificate. | ||||||
26 | (c) The board of education shall not knowingly employ a |
| |||||||
| |||||||
1 | person who has
been convicted of any offense that would | ||||||
2 | subject him or her to license suspension or revocation | ||||||
3 | pursuant to Section 21B-80 of this Code, except as provided | ||||||
4 | under subsection (b) of 21B-80.
Further, the board of | ||||||
5 | education shall not knowingly employ a person who has
been | ||||||
6 | found to be the perpetrator of sexual or physical abuse of any | ||||||
7 | minor under
18 years of age pursuant to proceedings under | ||||||
8 | Article II of the Juvenile Court
Act of 1987. As a condition of | ||||||
9 | employment, the board of education must consider the status of | ||||||
10 | a person who has been issued an indicated finding of abuse or | ||||||
11 | neglect of a child by the Department of Children and Family | ||||||
12 | Services under the Abused and Neglected Child Reporting Act or | ||||||
13 | by a child welfare agency of another jurisdiction. | ||||||
14 | (d) The board of education shall not knowingly employ a | ||||||
15 | person for whom
a criminal history records check and a | ||||||
16 | Statewide Sex Offender Database check have not been initiated. | ||||||
17 | (e) Within 10 days after the general superintendent of | ||||||
18 | schools, a regional office of education, or an entity that | ||||||
19 | provides background checks of license holders to public | ||||||
20 | schools receives information of a pending criminal charge | ||||||
21 | against a license holder for an offense set forth in Section | ||||||
22 | 21B-80 of this Code, the superintendent, regional office of | ||||||
23 | education, or entity must notify the State Superintendent of | ||||||
24 | Education of the pending criminal charge. | ||||||
25 | No later than 15 business days after receipt of a record of | ||||||
26 | conviction or of checking the Statewide Murderer and Violent |
| |||||||
| |||||||
1 | Offender Against Youth Database or the Statewide Sex Offender | ||||||
2 | Database and finding a registration, the general | ||||||
3 | superintendent of schools or the applicable regional | ||||||
4 | superintendent shall, in writing, notify the State | ||||||
5 | Superintendent of Education of any license holder who has been | ||||||
6 | convicted of a crime set forth in Section 21B-80 of this Code. | ||||||
7 | Upon receipt of the record of a conviction of or a finding of | ||||||
8 | child
abuse by a holder of any license
issued pursuant to | ||||||
9 | Article 21B or Section 34-8.1 or 34-83 of this Code, the State | ||||||
10 | Superintendent of
Education may initiate licensure suspension | ||||||
11 | and revocation
proceedings as authorized by law. If the | ||||||
12 | receipt of the record of conviction or finding of child abuse | ||||||
13 | is received within 6 months after the initial grant of or | ||||||
14 | renewal of a license, the State Superintendent of Education | ||||||
15 | may rescind the license holder's license. | ||||||
16 | (e-5) The general superintendent of schools shall, in | ||||||
17 | writing, notify the State Superintendent of Education of any | ||||||
18 | license holder whom he or she has reasonable cause to believe | ||||||
19 | has committed an intentional act of abuse or neglect with the | ||||||
20 | result of making a child an abused child or a neglected child, | ||||||
21 | as defined in Section 3 of the Abused and Neglected Child | ||||||
22 | Reporting Act, and that act resulted in the license holder's | ||||||
23 | dismissal or resignation from the school district and must | ||||||
24 | include the Illinois Educator Identification Number (IEIN) of | ||||||
25 | the license holder and a brief description of the misconduct | ||||||
26 | alleged. This notification must be submitted within 30 days |
| |||||||
| |||||||
1 | after the dismissal or resignation. The license holder must | ||||||
2 | also be contemporaneously sent a copy of the notice by the | ||||||
3 | superintendent. All correspondence, documentation, and other | ||||||
4 | information so received by the State Superintendent of | ||||||
5 | Education, the State Board of Education, or the State Educator | ||||||
6 | Preparation and Licensure Board under this subsection (e-5) is | ||||||
7 | confidential and must not be disclosed to third parties, | ||||||
8 | except (i) as necessary for the State Superintendent of | ||||||
9 | Education or his or her designee to investigate and prosecute | ||||||
10 | pursuant to Article 21B of this Code, (ii) pursuant to a court | ||||||
11 | order, (iii) for disclosure to the license holder or his or her | ||||||
12 | representative, or (iv) as otherwise provided in this Article | ||||||
13 | and provided that any such information admitted into evidence | ||||||
14 | in a hearing is exempt from this confidentiality and | ||||||
15 | non-disclosure requirement. Except for an act of willful or | ||||||
16 | wanton misconduct, any superintendent who provides | ||||||
17 | notification as required in this subsection (e-5) shall have | ||||||
18 | immunity from any liability, whether civil or criminal or that | ||||||
19 | otherwise might result by reason of such action. | ||||||
20 | (f) After March 19, 1990, the provisions of this Section | ||||||
21 | shall apply to
all employees of persons or firms holding | ||||||
22 | contracts with any school district
including, but not limited | ||||||
23 | to, food service workers, school bus drivers and
other | ||||||
24 | transportation employees, who have direct, daily contact with | ||||||
25 | the
pupils of any school in such district. For purposes of | ||||||
26 | criminal history records checks and checks of the Statewide |
| |||||||
| |||||||
1 | Sex Offender Database on employees of persons or firms holding | ||||||
2 | contracts with more
than one school district and assigned to | ||||||
3 | more than one school district, the
regional superintendent of | ||||||
4 | the educational service region in which the
contracting school | ||||||
5 | districts are located may, at the request of any such
school | ||||||
6 | district, be responsible for receiving the authorization for
a | ||||||
7 | criminal history records check prepared by each such employee | ||||||
8 | and submitting the same to the Illinois
State Police and for | ||||||
9 | conducting a check of the Statewide Sex Offender Database for | ||||||
10 | each employee. Any information concerning the record of
| ||||||
11 | conviction and identification as a sex offender of any such | ||||||
12 | employee obtained by the regional superintendent
shall be | ||||||
13 | promptly reported to the president of the appropriate school | ||||||
14 | board
or school boards. | ||||||
15 | (f-5) Upon request of a school or school district, any | ||||||
16 | information obtained by the school district pursuant to | ||||||
17 | subsection (f) of this Section within the last year must be | ||||||
18 | made available to the requesting school or school district. | ||||||
19 | (g) Prior to the commencement of any student teaching | ||||||
20 | experience or required internship (which is referred to as | ||||||
21 | student teaching in this Section) in the public schools, a | ||||||
22 | student teacher is required to authorize a fingerprint-based | ||||||
23 | criminal history records check. Authorization for and payment | ||||||
24 | of the costs of the check must be furnished by the student | ||||||
25 | teacher to the school district. Upon receipt of this | ||||||
26 | authorization and payment, the school district shall submit |
| |||||||
| |||||||
1 | the student teacher's name, sex, race, date of birth, social | ||||||
2 | security number, fingerprint images, and other identifiers, as | ||||||
3 | prescribed by the Illinois State Police, to the Illinois State | ||||||
4 | Police. The Illinois State Police and the Federal Bureau of | ||||||
5 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
6 | criminal history records check, records of convictions, | ||||||
7 | forever and hereinafter, until expunged, to the president of | ||||||
8 | the board. The Illinois State Police shall charge the school | ||||||
9 | district a fee for conducting the check, which fee must not | ||||||
10 | exceed the cost of the inquiry and must be deposited into the | ||||||
11 | State Police Services Fund. The school district shall further | ||||||
12 | perform a check of the Statewide Sex Offender Database, as | ||||||
13 | authorized by the Sex Offender Community Notification Law, and | ||||||
14 | of the Statewide Murderer and Violent Offender Against Youth | ||||||
15 | Database, as authorized by the Murderer and Violent Offender | ||||||
16 | Against Youth Registration Act, for each student teacher. The | ||||||
17 | board may not knowingly allow a person to student teach for | ||||||
18 | whom a criminal history records check, a Statewide Sex | ||||||
19 | Offender Database check, and a Statewide Murderer and Violent | ||||||
20 | Offender Against Youth Database check have not been completed | ||||||
21 | and reviewed by the district. | ||||||
22 | A copy of the record of convictions obtained from the | ||||||
23 | Illinois State Police must be provided to the student teacher. | ||||||
24 | Any information concerning the record of convictions obtained | ||||||
25 | by the president of the board is confidential and may only be | ||||||
26 | transmitted to the general superintendent of schools or his or |
| |||||||
| |||||||
1 | her designee, the State Superintendent of Education, the State | ||||||
2 | Educator Preparation and Licensure Board, or, for | ||||||
3 | clarification purposes, the Illinois State Police or the | ||||||
4 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
5 | Violent Offender Against Youth Database. Any unauthorized | ||||||
6 | release of confidential information may be a violation of | ||||||
7 | Section 7 of the Criminal Identification Act. | ||||||
8 | The board may not knowingly allow a person to student | ||||||
9 | teach who has been convicted of any offense that would subject | ||||||
10 | him or her to license suspension or revocation pursuant to | ||||||
11 | subsection (c) of Section 21B-80 of this Code, except as | ||||||
12 | provided under subsection (b) of Section 21B-80. Further, the | ||||||
13 | board may not allow a person to student teach if he or she has | ||||||
14 | been found to be the perpetrator of sexual or physical abuse of | ||||||
15 | a minor under 18 years of age pursuant to proceedings under | ||||||
16 | Article II of the Juvenile Court Act of 1987. The board must | ||||||
17 | consider the status of a person to student teach who has been | ||||||
18 | issued an indicated finding of abuse or neglect of a child by | ||||||
19 | the Department of Children and Family Services under the | ||||||
20 | Abused and Neglected Child Reporting Act or by a child welfare | ||||||
21 | agency of another jurisdiction. | ||||||
22 | (h) (Blank). | ||||||
23 | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||||||
24 | 101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. | ||||||
25 | 1-1-22; revised 10-18-21.) |
| |||||||
| |||||||
1 | (105 ILCS 5/1F-62 rep.) | ||||||
2 | (105 ILCS 5/2-3.33a rep.) | ||||||
3 | (105 ILCS 5/2-3.128 rep.) | ||||||
4 | (105 ILCS 5/18-8.10 rep.) | ||||||
5 | (105 ILCS 5/21-5e rep.) | ||||||
6 | (105 ILCS 5/34-83 rep.) | ||||||
7 | Section 15-10. The School Code is amended by repealing | ||||||
8 | Sections 1F-62, 2-3.33a, 2-3.128, 18-8.10, 21-5e, and 34-83. | ||||||
9 | Section 15-15. The Illinois Educational Labor Relations | ||||||
10 | Act is amended by changing Section 2 as follows:
| ||||||
11 | (115 ILCS 5/2) (from Ch. 48, par. 1702)
| ||||||
12 | Sec. 2. Definitions. As used in this Act:
| ||||||
13 | (a) "Educational employer"
or "employer" means the | ||||||
14 | governing body of a public school district, including the | ||||||
15 | governing body of a charter school established under Article | ||||||
16 | 27A of the School Code or of a contract school or contract | ||||||
17 | turnaround school established under paragraph 30 of Section | ||||||
18 | 34-18 of the School Code, combination
of public school | ||||||
19 | districts, including the governing body of joint agreements
of | ||||||
20 | any type formed by 2 or more school districts, public | ||||||
21 | community college
district or State college or university, a | ||||||
22 | subcontractor of instructional services of a school district | ||||||
23 | (other than a school district organized under Article 34 of | ||||||
24 | the School Code), combination of school districts, charter |
| |||||||
| |||||||
1 | school established under Article 27A of the School Code, or | ||||||
2 | contract school or contract turnaround school established | ||||||
3 | under paragraph 30 of Section 34-18 of the School Code, an | ||||||
4 | Independent Authority created under Section 2-3.25f-5 of the | ||||||
5 | School Code, and any State agency whose major
function is | ||||||
6 | providing educational services.
"Educational employer" or | ||||||
7 | "employer" does not include (1) a Financial Oversight
Panel | ||||||
8 | created pursuant to Section 1A-8 of the School Code due to a
| ||||||
9 | district
violating a financial plan or (2) an approved | ||||||
10 | nonpublic special education facility that contracts with a | ||||||
11 | school district or combination of school districts to provide | ||||||
12 | special education services pursuant to Section 14-7.02 of the | ||||||
13 | School Code, but does include a School Finance Authority
| ||||||
14 | created
under Article 1E or 1F of the School Code and a | ||||||
15 | Financial Oversight Panel created under Article 1B or 1H of | ||||||
16 | the School Code. The change made by this amendatory Act of the | ||||||
17 | 96th General Assembly to this paragraph (a) to make clear that | ||||||
18 | the governing body of a charter school is an "educational | ||||||
19 | employer" is declaratory of existing law.
| ||||||
20 | (b) "Educational employee" or "employee" means any | ||||||
21 | individual, excluding
supervisors, managerial, confidential, | ||||||
22 | short term employees, student, and
part-time academic | ||||||
23 | employees of community colleges employed full or part
time by | ||||||
24 | an educational employer, but shall not include elected | ||||||
25 | officials
and appointees of the Governor with the advice and | ||||||
26 | consent of the Senate,
firefighters as defined by subsection |
| |||||||
| |||||||
1 | (g-1) of Section 3 of the Illinois
Public Labor Relations Act, | ||||||
2 | and peace officers employed by a State
university. For the | ||||||
3 | purposes of this Act, part-time
academic employees of | ||||||
4 | community colleges shall be defined as those
employees who | ||||||
5 | provide less than 3 credit hours of instruction per
academic
| ||||||
6 | semester. In this subsection (b), the term "student" does not | ||||||
7 | include
graduate students who are research assistants | ||||||
8 | primarily
performing duties that involve research, graduate | ||||||
9 | assistants primarily
performing duties that are | ||||||
10 | pre-professional, graduate
students who are teaching | ||||||
11 | assistants primarily performing duties that
involve the | ||||||
12 | delivery and support of instruction, or any other graduate
| ||||||
13 | assistants.
| ||||||
14 | (c) "Employee organization" or "labor organization" means | ||||||
15 | an organization
of any kind in which membership includes | ||||||
16 | educational employees, and which
exists for the purpose, in | ||||||
17 | whole or in part, of dealing with employers
concerning | ||||||
18 | grievances, employee-employer disputes, wages, rates of pay,
| ||||||
19 | hours of employment, or conditions of work, but shall not | ||||||
20 | include any
organization which practices discrimination in | ||||||
21 | membership because of race,
color, creed, age, gender, | ||||||
22 | national origin or political affiliation.
| ||||||
23 | (d) "Exclusive representative" means the labor | ||||||
24 | organization which has
been designated by the Illinois | ||||||
25 | Educational Labor Relations Board as the
representative of the | ||||||
26 | majority of educational employees in an appropriate
unit, or |
| |||||||
| |||||||
1 | recognized by an educational employer prior to January 1, 1984 | ||||||
2 | as
the exclusive representative of the employees in an | ||||||
3 | appropriate unit or,
after January 1, 1984, recognized by an | ||||||
4 | employer upon evidence that the
employee organization has been | ||||||
5 | designated as the exclusive representative
by a majority of | ||||||
6 | the employees in an appropriate unit.
| ||||||
7 | (e) "Board" means the Illinois Educational Labor Relations | ||||||
8 | Board.
| ||||||
9 | (f) "Regional Superintendent" means the regional | ||||||
10 | superintendent of
schools provided for in Articles 3 and 3A of | ||||||
11 | The School Code.
| ||||||
12 | (g) "Supervisor" means any individual having authority in | ||||||
13 | the interests
of the employer to hire, transfer, suspend, lay | ||||||
14 | off, recall, promote,
discharge, reward or discipline other | ||||||
15 | employees within the appropriate
bargaining unit and adjust | ||||||
16 | their grievances, or to effectively recommend
such action if | ||||||
17 | the exercise of such authority is not of a merely routine or
| ||||||
18 | clerical nature but requires the use of independent judgment. | ||||||
19 | The term
"supervisor" includes only those individuals who | ||||||
20 | devote a preponderance of
their employment time to such | ||||||
21 | exercising authority.
| ||||||
22 | (h) "Unfair labor practice" or "unfair practice" means any | ||||||
23 | practice
prohibited by Section 14 of this Act.
| ||||||
24 | (i) "Person" includes an individual, educational employee, | ||||||
25 | educational
employer, legal representative, or employee | ||||||
26 | organization.
|
| |||||||
| |||||||
1 | (j) "Wages" means salaries or other forms of compensation | ||||||
2 | for services
rendered.
| ||||||
3 | (k) "Professional employee" means, in the case of a public | ||||||
4 | community
college, State college or university, State agency | ||||||
5 | whose major function is
providing educational services, the | ||||||
6 | Illinois School for the Deaf, and the
Illinois School for the | ||||||
7 | Visually Impaired, (1) any employee engaged in work
(i) | ||||||
8 | predominantly intellectual and varied in character as opposed | ||||||
9 | to
routine mental, manual, mechanical, or physical work; (ii) | ||||||
10 | involving the
consistent exercise of discretion and judgment | ||||||
11 | in its performance; (iii) of
such character that the output | ||||||
12 | produced or the result accomplished cannot
be standardized in | ||||||
13 | relation to a given period of time; and (iv) requiring
| ||||||
14 | knowledge of an advanced type in a field of science or learning | ||||||
15 | customarily
acquired by a prolonged course of specialized | ||||||
16 | intellectual instruction and
study in an institution of higher | ||||||
17 | learning or a hospital, as distinguished
from a general | ||||||
18 | academic education or from an apprenticeship or from training
| ||||||
19 | in the performance of routine mental, manual, or physical | ||||||
20 | processes; or
(2) any employee, who (i) has completed the | ||||||
21 | courses of specialized
intellectual instruction and study | ||||||
22 | described in clause (iv) of paragraph
(1) of this subsection, | ||||||
23 | and (ii) is performing related work under the
supervision of a | ||||||
24 | professional person to qualify himself or herself to
become a | ||||||
25 | professional as defined in paragraph (l).
| ||||||
26 | (l) "Professional employee" means, in the case of any |
| |||||||
| |||||||
1 | public school
district, or combination of school districts | ||||||
2 | pursuant to joint agreement,
any employee who has a | ||||||
3 | certificate issued under Article 21 or Section 34-83
of the | ||||||
4 | School Code , as now or hereafter amended .
| ||||||
5 | (m) "Unit" or "bargaining unit" means any group of | ||||||
6 | employees for which
an exclusive representative is selected.
| ||||||
7 | (n) "Confidential employee" means an employee, who (i) in | ||||||
8 | the regular
course of his or her duties, assists and acts in a | ||||||
9 | confidential capacity to
persons who formulate, determine and | ||||||
10 | effectuate management policies with
regard to labor relations | ||||||
11 | or who (ii) in the regular course of his or her
duties has | ||||||
12 | access to information relating to the effectuation or review | ||||||
13 | of
the employer's collective bargaining policies.
| ||||||
14 | (o) "Managerial employee" means an individual who is | ||||||
15 | engaged
predominantly in executive and management functions | ||||||
16 | and is charged with the
responsibility of directing the | ||||||
17 | effectuation of such management policies and
practices.
| ||||||
18 | (p) "Craft employee" means a skilled journeyman, craft | ||||||
19 | person, and his
or her apprentice or helper.
| ||||||
20 | (q) "Short-term employee" is an employee who is employed | ||||||
21 | for less than
2 consecutive calendar quarters during a | ||||||
22 | calendar year and who does not
have a reasonable expectation | ||||||
23 | that he or she will be rehired by the same
employer for the | ||||||
24 | same service in a subsequent calendar year. Nothing in
this | ||||||
25 | subsection shall affect the employee status of individuals who | ||||||
26 | were
covered by a collective bargaining agreement on the |
| |||||||
| |||||||
1 | effective date of this
amendatory Act of 1991.
| ||||||
2 | (Source: P.A. 101-380, eff. 1-1-20 .)
| ||||||
3 | ARTICLE 20. FINANCE-VARIOUS | ||||||
4 | Section 20-5. The State Employees Group Insurance Act of | ||||||
5 | 1971 is amended by changing Section 11 as follows:
| ||||||
6 | (5 ILCS 375/11) (from Ch. 127, par. 531)
| ||||||
7 | Sec. 11. The amount of contribution in any fiscal year | ||||||
8 | from funds other than
the General Revenue Fund or the Road Fund | ||||||
9 | shall be at the same contribution
rate as the General Revenue | ||||||
10 | Fund or the Road Fund , except that in State Fiscal Year 2009 no | ||||||
11 | contributions shall be required from the FY09 Budget Relief | ||||||
12 | Fund . Contributions and payments
for life insurance shall be | ||||||
13 | deposited in the Group Insurance Premium Fund.
Contributions | ||||||
14 | and payments for health coverages and other benefits shall be
| ||||||
15 | deposited in the Health Insurance Reserve Fund. Federal funds | ||||||
16 | which are
available for cooperative extension purposes shall | ||||||
17 | also be charged for the
contributions which are made for | ||||||
18 | retired employees formerly employed in the
Cooperative | ||||||
19 | Extension Service. In the case of departments or any division
| ||||||
20 | thereof receiving a fraction of its requirements for | ||||||
21 | administration from the
Federal Government, the contributions | ||||||
22 | hereunder shall be such fraction of the
amount determined | ||||||
23 | under the provisions hereof and the
remainder shall be |
| |||||||
| |||||||
1 | contributed by the State.
| ||||||
2 | Every department which has members paid from funds other | ||||||
3 | than the General
Revenue Fund , or other than the FY09 Budget | ||||||
4 | Relief Fund in State Fiscal Year 2009, shall cooperate with | ||||||
5 | the Department of Central Management Services
and the
| ||||||
6 | Governor's Office of Management and Budget in order to assure | ||||||
7 | that the specified
proportion of the State's cost for group | ||||||
8 | life insurance, the program of health
benefits and other | ||||||
9 | employee benefits is paid by such funds; except that
| ||||||
10 | contributions under this Act need not be paid from any other
| ||||||
11 | fund where both the Director of Central Management Services | ||||||
12 | and the Director of
the
Governor's Office of Management and | ||||||
13 | Budget have designated in writing that the necessary
| ||||||
14 | contributions are included in the General Revenue Fund | ||||||
15 | contribution amount.
| ||||||
16 | Universities having employees who are totally
compensated | ||||||
17 | out of the following funds:
| ||||||
18 | (1) Income Funds;
| ||||||
19 | (2) Local auxiliary funds; and
| ||||||
20 | (3) the Agricultural Premium Fund
| ||||||
21 | shall not be required to submit such contribution for such | ||||||
22 | employees.
| ||||||
23 | For each person covered under this Act whose eligibility | ||||||
24 | for such
coverage is based upon the person's status as the | ||||||
25 | recipient of a benefit
under the Illinois Pension Code, which | ||||||
26 | benefit is based in whole or in part
upon service with the Toll |
| |||||||
| |||||||
1 | Highway Authority, the Authority shall annually
contribute a | ||||||
2 | pro rata share of the State's cost for the benefits of that
| ||||||
3 | person.
| ||||||
4 | (Source: P.A. 94-793, eff. 5-19-06; 95-1000, eff. 10-7-08 .)
| ||||||
5 | Section 20-10. The Department of Transportation Law of the
| ||||||
6 | Civil Administrative Code of Illinois is amended by changing | ||||||
7 | Section 2705-255 as follows:
| ||||||
8 | (20 ILCS 2705/2705-255) (was 20 ILCS 2705/49.14)
| ||||||
9 | Sec. 2705-255. Appropriations from Build Illinois Bond | ||||||
10 | Fund and Build
Illinois Purposes Fund . Any expenditure of | ||||||
11 | funds by the Department
for interchanges, for access roads to | ||||||
12 | and from any State or
local highway in Illinois, or for other | ||||||
13 | transportation capital improvements
related to an economic | ||||||
14 | development project pursuant to appropriations to
the | ||||||
15 | Department from the Build Illinois Bond Fund and the Build | ||||||
16 | Illinois
Purposes Fund shall be used for funding improvements | ||||||
17 | related to existing or
planned scientific, research, | ||||||
18 | manufacturing, or industrial
development or expansion in | ||||||
19 | Illinois. In addition, the Department may use
those funds to | ||||||
20 | encourage and maximize public and private
participation in
| ||||||
21 | those improvements. The Department shall consult with the
| ||||||
22 | Department of
Commerce and Economic Opportunity prior to | ||||||
23 | expending any funds for those purposes
pursuant to | ||||||
24 | appropriations from the Build Illinois Bond Fund and the Build
|
| |||||||
| |||||||
1 | Illinois Purposes Fund .
| ||||||
2 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
3 | Section 20-15. The Illinois Motor Vehicle Theft Prevention | ||||||
4 | and Insurance Verification Act is amended by changing Section | ||||||
5 | 8.6 as follows: | ||||||
6 | (20 ILCS 4005/8.6) | ||||||
7 | Sec. 8.6. State Police Training and Academy Fund; Law | ||||||
8 | Enforcement Training Fund. Before April 1 of each year, each | ||||||
9 | insurer engaged in writing private passenger motor vehicle | ||||||
10 | insurance coverage that is included in Class 2 and Class 3 of | ||||||
11 | Section 4 of the Illinois Insurance Code, as a condition of its | ||||||
12 | authority to transact business in this State, shall collect | ||||||
13 | and remit to the Department of Insurance an amount equal to $4, | ||||||
14 | or a lesser amount determined by the Illinois Law Enforcement | ||||||
15 | Training Standards Board by rule, multiplied by the insurer's | ||||||
16 | total earned car years of private passenger motor vehicle | ||||||
17 | insurance policies providing physical damage insurance | ||||||
18 | coverage written in this State during the preceding calendar | ||||||
19 | year. Of the amounts collected under this Section, the | ||||||
20 | Department of Insurance shall deposit 10% into the State | ||||||
21 | Police Training and Academy Fund and 90% into the Law | ||||||
22 | Enforcement Training Fund.
| ||||||
23 | (Source: P.A. 102-16, eff. 6-17-21.) |
| |||||||
| |||||||
1 | Section 20-20. The State Finance Act is amended by | ||||||
2 | changing Sections 6z-75, 6z-126, 8.20, 8.25, 8.27, 8.33, and | ||||||
3 | 8f and by adding Sections 5.970, 5.971, 5.972, 5.973, 5.974, | ||||||
4 | 5.975, and 5.976 as follows: | ||||||
5 | (30 ILCS 105/5.970 new) | ||||||
6 | Sec. 5.970. The Aeronautics Fund. | ||||||
7 | (30 ILCS 105/5.971 new) | ||||||
8 | Sec. 5.971. The Emergency Planning and Training Fund. | ||||||
9 | (30 ILCS 105/5.972 new) | ||||||
10 | Sec. 5.972. The ISAC Accounts Receivable Fund. | ||||||
11 | (30 ILCS 105/5.973 new) | ||||||
12 | Sec. 5.973. The Motor Fuel and Petroleum Standards Fund. | ||||||
13 | (30 ILCS 105/5.974 new) | ||||||
14 | Sec. 5.974. The State Small Business Credit Initiative | ||||||
15 | Fund. | ||||||
16 | (30 ILCS 105/5.975 new) | ||||||
17 | Sec. 5.975. The Public Pension Regulation Fund. | ||||||
18 | (30 ILCS 105/5.976 new) | ||||||
19 | Sec. 5.976. The Vehicle Inspection Fund. |
| |||||||
| |||||||
1 | (30 ILCS 105/6z-75)
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2 | Sec. 6z-75. The Illinois Power Agency Trust Fund. | ||||||
3 | (a) Creation. The Illinois Power Agency Trust Fund is | ||||||
4 | created as a special fund in the State treasury. The State | ||||||
5 | Treasurer shall be the custodian of the Fund. Amounts in the | ||||||
6 | Fund, both principal and interest not appropriated, shall be | ||||||
7 | invested as provided by law. | ||||||
8 | (b) Funding and investment. | ||||||
9 | (1) The Illinois Power Agency Trust Fund may accept, | ||||||
10 | receive, and administer any grants, loans, or other funds | ||||||
11 | made available to it by any source. Any such funds | ||||||
12 | received by the Fund shall not be considered income, but | ||||||
13 | shall be added to the principal of the Fund. | ||||||
14 | (2) The investments of the Fund shall be managed by | ||||||
15 | the Illinois State Board of Investment, for the purpose of | ||||||
16 | obtaining a total return on investments for the long term, | ||||||
17 | as provided for under Article 22A of the Illinois Pension | ||||||
18 | Code. | ||||||
19 | (c) Investment proceeds. Subject to the provisions of | ||||||
20 | subsection (d) of this Section, the General Assembly may | ||||||
21 | annually appropriate from the Illinois Power Agency Trust Fund | ||||||
22 | to the Illinois Power Agency Operations Fund an amount | ||||||
23 | calculated not to exceed 90% of the prior fiscal year's annual | ||||||
24 | investment income earned by the Fund to the Illinois Power | ||||||
25 | Agency. Any investment income not appropriated by the General |
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| |||||||
1 | Assembly in a given fiscal year shall be added to the principal | ||||||
2 | of the Fund, and thereafter considered a part thereof and not | ||||||
3 | subject to appropriation as income earned by the Fund. | ||||||
4 | (d) Expenditures. | ||||||
5 | (1) During Fiscal Year 2008 and Fiscal Year 2009, the | ||||||
6 | General Assembly shall not appropriate any of the | ||||||
7 | investment income earned by the Illinois Power Agency | ||||||
8 | Trust Fund to the Illinois Power Agency. | ||||||
9 | (2) During Fiscal Year 2010 and Fiscal Year 2011, the | ||||||
10 | General Assembly shall appropriate a portion of the | ||||||
11 | investment income earned by the Illinois Power Agency | ||||||
12 | Trust Fund to repay to the General Revenue Fund of the | ||||||
13 | State of Illinois those amounts, if any, appropriated from | ||||||
14 | the General Revenue Fund for the operation of the Illinois | ||||||
15 | Power Agency during Fiscal Year 2008 and Fiscal Year 2009, | ||||||
16 | so that at the end of Fiscal Year 2011, the entire amount, | ||||||
17 | if any, appropriated from the General Revenue Fund for the | ||||||
18 | operation of the Illinois Power Agency during Fiscal Year | ||||||
19 | 2008 and Fiscal Year 2009 will be repaid in full to the | ||||||
20 | General Revenue Fund. | ||||||
21 | (3) In Fiscal Year 2012 and thereafter, the General | ||||||
22 | Assembly shall consider the need to balance its | ||||||
23 | appropriations from the investment income earned by the | ||||||
24 | Fund with the need to provide for the growth of the | ||||||
25 | principal of the Illinois Power Agency Trust Fund in order | ||||||
26 | to ensure that the Fund is able to produce sufficient |
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1 | investment income to fund the operations of the Illinois | ||||||
2 | Power Agency in future years. | ||||||
3 | (4) If the Illinois Power Agency shall cease | ||||||
4 | operations, then, unless otherwise provided for by law or | ||||||
5 | appropriation, the principal and any investment income | ||||||
6 | earned by the Fund shall be transferred into the | ||||||
7 | Supplemental Low-Income Energy Assistance Program (LIHEAP) | ||||||
8 | Fund under Section 13 of the Energy Assistance Act of | ||||||
9 | 1989 . | ||||||
10 | (e) Implementation. The provisions of this Section shall | ||||||
11 | not be operative until the Illinois Power Agency Trust Fund | ||||||
12 | has accumulated a principal balance of $25,000,000.
| ||||||
13 | (Source: P.A. 99-536, eff. 7-8-16.) | ||||||
14 | (30 ILCS 105/6z-126) | ||||||
15 | Sec. 6z-126. Law Enforcement Training Fund. The Law | ||||||
16 | Enforcement Training Fund is hereby created as a special fund | ||||||
17 | in the State treasury. Moneys in the Fund shall consist of: (i) | ||||||
18 | 90% of the revenue from increasing the insurance producer | ||||||
19 | license fees, as provided under subsection (a-5) of Section | ||||||
20 | 500-135 of the Illinois Insurance Code; and (ii) 90% of the | ||||||
21 | moneys collected from auto insurance policy fees under Section | ||||||
22 | 8.6 of the Illinois Motor Vehicle Theft Prevention and | ||||||
23 | Insurance Verification Act. This Fund shall be used by the | ||||||
24 | Illinois Law Enforcement Training and Standards Board to fund | ||||||
25 | law enforcement certification compliance and the development |
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1 | and provision of basic courses by Board-approved academics, | ||||||
2 | and in-service courses by approved academies.
| ||||||
3 | (Source: P.A. 102-16, eff. 6-17-21.)
| ||||||
4 | (30 ILCS 105/8.20) (from Ch. 127, par. 144.20)
| ||||||
5 | Sec. 8.20.
Appropriations for the ordinary and contingent | ||||||
6 | expenses of
the Illinois Liquor Control Commission shall be | ||||||
7 | paid from the Dram Shop Fund.
Beginning June 30, 1990 and on | ||||||
8 | June 30 of each subsequent year through June
29, 2003, any | ||||||
9 | balance
over $5,000,000 remaining in the Dram Shop Fund shall | ||||||
10 | be credited to State
liquor licensees and applied against | ||||||
11 | their fees for State liquor licenses
for the following year. | ||||||
12 | The amount credited to each licensee shall be a
proportion of | ||||||
13 | the balance in the Dram Shop Fund that is the same as the
| ||||||
14 | proportion of the license fee paid by the licensee under | ||||||
15 | Section 5-3 of the
Liquor Control Act of 1934, as now or | ||||||
16 | hereafter amended, for the period in
which the balance was | ||||||
17 | accumulated to the aggregate fees paid by all
licensees during | ||||||
18 | that period.
| ||||||
19 | In addition to any other permitted use of moneys in the | ||||||
20 | Fund, and
notwithstanding any restriction on the use of the | ||||||
21 | Fund, moneys in the Dram Shop
Fund may be transferred to the | ||||||
22 | General Revenue Fund as authorized by Public
Act 87-14. The | ||||||
23 | General Assembly finds that an excess of moneys existed in
the | ||||||
24 | Fund on July 30, 1991, and the Governor's order of July 30, | ||||||
25 | 1991,
requesting the Comptroller and Treasurer to transfer an |
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| |||||||
1 | amount from the
Fund to the General Revenue Fund is hereby | ||||||
2 | validated.
| ||||||
3 | (Source: P.A. 93-22, eff. 6-20-03.)
| ||||||
4 | (30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
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5 | Sec. 8.25. Build Illinois Fund; uses.
| ||||||
6 | (A) All moneys in the Build Illinois Fund shall be | ||||||
7 | transferred,
appropriated, and used only for the purposes | ||||||
8 | authorized by and subject to
the limitations and conditions | ||||||
9 | prescribed by this Section. There are
established the | ||||||
10 | following accounts in the Build Illinois Fund: the
McCormick | ||||||
11 | Place Account, the Build Illinois Bond Account, the Build
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12 | Illinois Purposes Account, the
Park and Conservation Fund | ||||||
13 | Account, and the Tourism Advertising and
Promotion Account. | ||||||
14 | Amounts deposited into the Build Illinois Fund consisting
of | ||||||
15 | 1.55% before July 1, 1986, and 1.75% on and after July 1, 1986, | ||||||
16 | of
moneys received by the Department of Revenue under Section | ||||||
17 | 9 of
the Use Tax Act, Section 9 of the Service Use Tax Act, | ||||||
18 | Section 9 of
the Service Occupation Tax Act, and Section 3 of | ||||||
19 | the Retailers' Occupation
Tax Act, and all amounts deposited | ||||||
20 | therein under Section 28 of
the Illinois Horse Racing Act of | ||||||
21 | 1975, Section 4.05 of the Chicago World's
Fair - 1992 | ||||||
22 | Authority Act, and Sections 3 and 6 of the Hotel Operators'
| ||||||
23 | Occupation Tax Act, shall be credited initially to the | ||||||
24 | McCormick Place
Account and all other amounts deposited into | ||||||
25 | the Build Illinois Fund shall be
credited initially to the |
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| |||||||
1 | Build Illinois Bond Account. Of the amounts
initially so | ||||||
2 | credited to the McCormick Place Account in each month, the
| ||||||
3 | amount that is to be transferred in that month to the | ||||||
4 | Metropolitan Fair
and Exposition Authority Improvement Bond | ||||||
5 | Fund, as provided below, shall
remain credited to the | ||||||
6 | McCormick Place Account, and all amounts initially so
credited | ||||||
7 | in that month in excess thereof shall next be credited to the
| ||||||
8 | Build Illinois Bond Account. Of the amounts credited to the | ||||||
9 | Build Illinois
Bond Account in each month, the amount that is | ||||||
10 | to be transferred in that
month to the Build Illinois Bond | ||||||
11 | Retirement and Interest Fund, as provided
below, shall remain | ||||||
12 | credited to the Build Illinois Bond Account, and all
amounts | ||||||
13 | so credited in each month in excess thereof shall next be | ||||||
14 | credited
monthly to the other accounts in the following order | ||||||
15 | of priority: first, to
the Build Illinois Purposes Account, | ||||||
16 | (a) 1/12, or in the case of fiscal
year 1986, 1/9, of the | ||||||
17 | fiscal year amounts authorized to be transferred to
the Build | ||||||
18 | Illinois Purposes Fund as provided below plus (b) any | ||||||
19 | cumulative
deficiency in those transfers for prior months; | ||||||
20 | second,
1/12 of $10,000,000, plus any cumulative deficiency in | ||||||
21 | those transfers for
prior months, to the Park and Conservation | ||||||
22 | Fund Account;
and third, to the General Revenue Fund in the | ||||||
23 | State Treasury all
amounts
that remain in the Build Illinois | ||||||
24 | Fund on the last day of each
month and are not credited to any | ||||||
25 | account in that Fund.
| ||||||
26 | Transfers from the McCormick Place Account in the Build
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| |||||||
1 | Illinois Fund shall be made as follows:
| ||||||
2 | Beginning with fiscal year 1985 and continuing for each | ||||||
3 | fiscal
year thereafter, the Metropolitan Pier and Exposition
| ||||||
4 | Authority shall annually certify to the State Comptroller and | ||||||
5 | State
Treasurer the amount necessary and required during the | ||||||
6 | fiscal year with
respect to which the certification is made to | ||||||
7 | pay the debt service
requirements (including amounts to be | ||||||
8 | paid with respect to arrangements to
provide additional | ||||||
9 | security or liquidity) on all outstanding bonds and
notes, | ||||||
10 | including refunding bonds (herein collectively referred to as | ||||||
11 | bonds)
of issues in the aggregate amount (excluding the amount | ||||||
12 | of any refunding
bonds issued by that Authority after January | ||||||
13 | 1, 1986) of not more than
$312,500,000 issued after July 1, | ||||||
14 | 1984, by that Authority for the purposes
specified in Sections | ||||||
15 | 10.1 and 13.1 of the Metropolitan Pier and Exposition
| ||||||
16 | Authority Act. In each month of the fiscal year in which there | ||||||
17 | are bonds
outstanding with respect to which the annual | ||||||
18 | certification is made, the
Comptroller shall order transferred | ||||||
19 | and the Treasurer shall transfer from
the McCormick Place | ||||||
20 | Account in the Build Illinois Fund to the Metropolitan
Fair | ||||||
21 | and Exposition Authority Improvement Bond Fund an amount equal | ||||||
22 | to 150%
of the certified amount for that fiscal year divided by | ||||||
23 | the number of
months during that fiscal year in which bonds of | ||||||
24 | the Authority are
outstanding, plus any cumulative deficiency | ||||||
25 | in those transfers for prior
months; provided, that the | ||||||
26 | maximum amount that may be so transferred in
fiscal year 1985 |
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1 | shall not exceed $15,000,000 or a lesser sum as is
actually | ||||||
2 | necessary and required to pay the debt service requirements | ||||||
3 | for
that fiscal year after giving effect to net operating | ||||||
4 | revenues of that
Authority available for that purpose as | ||||||
5 | certified by that Authority, and
provided further that the | ||||||
6 | maximum amount that may be so transferred in
fiscal year 1986 | ||||||
7 | shall not exceed $30,000,000 and in each fiscal year
| ||||||
8 | thereafter shall not exceed $33,500,000 in any fiscal year or | ||||||
9 | a
lesser sum as is actually necessary and required to pay the | ||||||
10 | debt service
requirements for that fiscal year after giving | ||||||
11 | effect to net operating
revenues of that Authority available | ||||||
12 | for that purpose as certified by
that Authority.
| ||||||
13 | When an amount equal to 100% of the aggregate amount of | ||||||
14 | principal and
interest in each fiscal year with respect to | ||||||
15 | bonds issued after
July 1, 1984, that by their terms are | ||||||
16 | payable from the Metropolitan Fair
and Exposition Authority | ||||||
17 | Improvement Bond Fund, including under sinking
fund | ||||||
18 | requirements, has been so paid and deficiencies in reserves | ||||||
19 | established
from bond proceeds shall have been remedied, and | ||||||
20 | at the time that those amounts
have been transferred to the | ||||||
21 | Authority as provided in Section 13.1 of
the Metropolitan Pier | ||||||
22 | and Exposition Authority Act, the remaining moneys,
if any, | ||||||
23 | deposited and to be deposited during each fiscal year to the
| ||||||
24 | Metropolitan Fair and Exposition Authority Improvement Bond | ||||||
25 | Fund shall be
transferred to the Metropolitan Fair and | ||||||
26 | Exposition Authority Completion
Note Subordinate Fund.
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1 | Transfers from the Build Illinois Bond Account in the | |||||||||||||
2 | Build Illinois
Fund shall be made as follows:
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3 | Beginning with fiscal year 1986 and continuing for each | |||||||||||||
4 | fiscal year
thereafter so long as limited obligation bonds of | |||||||||||||
5 | the State issued under
the Build Illinois Bond Act remain | |||||||||||||
6 | outstanding, the Comptroller shall
order transferred and the | |||||||||||||
7 | Treasurer shall transfer in each month,
commencing in October, | |||||||||||||
8 | 1985, on the last day of that month, from the Build
Illinois | |||||||||||||
9 | Bond Account to the Build Illinois Bond Retirement and | |||||||||||||
10 | Interest
Fund in the State Treasury the amount required to be | |||||||||||||
11 | so transferred in that
month under Section 13 of the Build | |||||||||||||
12 | Illinois Bond Act.
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13 | Transfers from the remaining accounts in the Build | |||||||||||||
14 | Illinois Fund shall
be made in the following amounts and in the | |||||||||||||
15 | following order of priority:
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16 | Beginning with fiscal year 1986 and continuing each fiscal | |||||||||||||
17 | year
thereafter, as soon as practicable after the first day of | |||||||||||||
18 | each month,
commencing in October, 1985, the Comptroller shall | |||||||||||||
19 | order transferred and
the Treasurer shall transfer from the | |||||||||||||
20 | Build Illinois Purposes Account in
the Build Illinois Fund to | |||||||||||||
21 | the Build Illinois Purposes Fund 1/12th (or in
the case of | |||||||||||||
22 | fiscal year 1986 1/9) of the amounts specified below for the
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23 | following fiscal years:
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7 | plus any cumulative deficiency in those transfers for prior | |||||||||||||||||||||||||
8 | months.
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9 | As soon as may be practicable after the first day of each | |||||||||||||||||||||||||
10 | month
beginning after July 1, 1984, the Comptroller shall | |||||||||||||||||||||||||
11 | order transferred and
the Treasurer shall transfer from the | |||||||||||||||||||||||||
12 | Park and Conservation Fund Account in
the Build Illinois Fund | |||||||||||||||||||||||||
13 | to the Park and Conservation Fund 1/12 of
$10,000,000, plus | |||||||||||||||||||||||||
14 | any cumulative deficiency in those transfers for
prior months, | |||||||||||||||||||||||||
15 | for conservation and park purposes as enumerated in Section
| |||||||||||||||||||||||||
16 | 805-420 of the Department of Natural Resources (Conservation)
| |||||||||||||||||||||||||
17 | Law (20 ILCS 805/805-420), and to
pay
the debt
service | |||||||||||||||||||||||||
18 | requirements on all outstanding bonds of an issue in the | |||||||||||||||||||||||||
19 | aggregate
amount of not more than $40,000,000 issued after | |||||||||||||||||||||||||
20 | January 1, 1985, by the
State of Illinois for the purposes | |||||||||||||||||||||||||
21 | specified in Section 3(c) of the Capital
Development Bond Act | |||||||||||||||||||||||||
22 | of 1972, or for the same purposes as specified in any
other | |||||||||||||||||||||||||
23 | State general obligation bond Act enacted after November 1, | |||||||||||||||||||||||||
24 | 1984.
Transfers from the Park and Conservation Fund to the | |||||||||||||||||||||||||
25 | Capital Development
Bond Retirement and Interest Fund to pay | |||||||||||||||||||||||||
26 | those debt service requirements
shall be made in accordance |
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| |||||||
1 | with Section 8.25b of this Act.
| ||||||
2 | All funds remaining in the Build Illinois Fund on the last | ||||||
3 | day of any month
and not credited to any account in that Fund | ||||||
4 | shall be transferred by the
State Treasurer to the General | ||||||
5 | Revenue Fund.
| ||||||
6 | (B) For the purpose of this Section, "cumulative | ||||||
7 | deficiency" shall
include all deficiencies in those transfers | ||||||
8 | that have occurred since July
1, 1984, as specified in | ||||||
9 | subsection (A) of this Section.
| ||||||
10 | (C) In addition to any other permitted use of moneys in the | ||||||
11 | Fund, and
notwithstanding any restriction on the use of the | ||||||
12 | Fund, moneys in the
Park and Conservation Fund may be | ||||||
13 | transferred to the General Revenue Fund
as authorized by | ||||||
14 | Public Act 87-14. The General Assembly finds that an
excess of | ||||||
15 | moneys existed in the Fund on July 30, 1991, and the Governor's
| ||||||
16 | order of July 30, 1991, requesting the Comptroller and | ||||||
17 | Treasurer to
transfer an amount from the Fund to the General | ||||||
18 | Revenue Fund is hereby
validated.
| ||||||
19 | (D) (Blank).
| ||||||
20 | (Source: P.A. 90-26, eff. 7-1-97; 90-372, eff. 7-1-98; 90-655, | ||||||
21 | eff.
7-30-98; 91-239, eff. 1-1-00.)
| ||||||
22 | (30 ILCS 105/8.27) (from Ch. 127, par. 144.27)
| ||||||
23 | Sec. 8.27. All receipts from federal financial | ||||||
24 | participation in the
Foster Care and Adoption Services program | ||||||
25 | under Title IV-E of the federal
Social Security Act, including |
| |||||||
| |||||||
1 | receipts
for related indirect costs,
shall be deposited in the | ||||||
2 | DCFS Children's Services Fund.
| ||||||
3 | Beginning on July 20, 2010 ( the effective date of Public | ||||||
4 | Act 96-1127) this amendatory Act of the 96th General Assembly , | ||||||
5 | any funds paid to the State by the federal government under | ||||||
6 | Title XIX and Title XXI of the Social Security Act for child | ||||||
7 | welfare services delivered by community mental health | ||||||
8 | providers, certified and paid as Medicaid providers by the | ||||||
9 | Department of Children and Family Services, for child welfare | ||||||
10 | services relating to Medicaid-eligible clients and families | ||||||
11 | served consistent with the purposes of the Department of
| ||||||
12 | Children and Family Services, including services delivered as | ||||||
13 | a result of the conversion of such providers from a | ||||||
14 | comprehensive rate to a fee-for-service payment methodology, | ||||||
15 | and any subsequent revenue maximization initiatives performed | ||||||
16 | by such providers, and any interest earned thereon, shall be | ||||||
17 | deposited directly into the DCFS Children's Services Fund. | ||||||
18 | Such funds shall be used for the provision of child welfare | ||||||
19 | services provided to eligible individuals identified by the | ||||||
20 | Department of Children and Family Services. Child welfare | ||||||
21 | services are defined in Section 5 of the Children and Family | ||||||
22 | Services Act (20 ILCS 505/5) . | ||||||
23 | Eighty percent of the federal funds received by the | ||||||
24 | Illinois Department
of Human Services under the Title IV-A | ||||||
25 | Emergency Assistance program as
reimbursement for expenditures | ||||||
26 | made from the Illinois Department of Children
and Family |
| |||||||
| |||||||
1 | Services appropriations for the costs of services in behalf of
| ||||||
2 | Department of Children and Family Services clients shall be | ||||||
3 | deposited into
the DCFS Children's Services Fund.
| ||||||
4 | All receipts from federal financial participation in the | ||||||
5 | Child Welfare
Services program under Title IV-B of the federal | ||||||
6 | Social Security Act,
including receipts for related indirect | ||||||
7 | costs, shall be deposited into the
DCFS Children's Services | ||||||
8 | Fund for those moneys received as reimbursement for
services | ||||||
9 | provided on or after July 1, 1994.
| ||||||
10 | In addition, as soon as may be practicable after the first | ||||||
11 | day of November,
1994, the Department of Children and Family | ||||||
12 | Services shall request the
Comptroller to order transferred | ||||||
13 | and the Treasurer shall transfer the
unexpended balance of the | ||||||
14 | Child Welfare Services Fund to the DCFS Children's
Services | ||||||
15 | Fund. Upon completion of the transfer, the Child Welfare | ||||||
16 | Services
Fund will be considered dissolved and any outstanding | ||||||
17 | obligations or
liabilities of that fund will pass to the DCFS | ||||||
18 | Children's Services Fund.
| ||||||
19 | For services provided on or after July 1, 2007, all | ||||||
20 | federal funds received pursuant to the John H. Chafee Foster | ||||||
21 | Care Independence Program shall be deposited into the DCFS | ||||||
22 | Children's Services Fund. | ||||||
23 | Except as otherwise provided in this Section, moneys in | ||||||
24 | the Fund may be used by the Department, pursuant to
| ||||||
25 | appropriation by the General Assembly, for the ordinary and | ||||||
26 | contingent
expenses of the Department.
|
| |||||||
| |||||||
1 | In fiscal year 1988 and in each fiscal year thereafter | ||||||
2 | through fiscal
year 2000, the Comptroller
shall order | ||||||
3 | transferred and the Treasurer shall transfer an amount of
| ||||||
4 | $16,100,000 from the DCFS Children's Services Fund to the | ||||||
5 | General Revenue
Fund in the following manner: As soon as may be | ||||||
6 | practicable after the 15th
day of September, December, March | ||||||
7 | and June, the Comptroller shall order
transferred and the | ||||||
8 | Treasurer shall transfer, to the extent that funds are
| ||||||
9 | available, 1/4 of $16,100,000, plus any cumulative | ||||||
10 | deficiencies in such
transfers for prior transfer dates during | ||||||
11 | such fiscal year. In no event
shall any such transfer reduce | ||||||
12 | the available balance in the DCFS Children's
Services Fund | ||||||
13 | below $350,000.
| ||||||
14 | In accordance with subsection (q) of Section 5 of the | ||||||
15 | Children and Family
Services Act, disbursements from | ||||||
16 | individual children's accounts shall be
deposited into the | ||||||
17 | DCFS Children's Services Fund.
| ||||||
18 | Receipts from public and unsolicited private grants, fees | ||||||
19 | for training, and royalties earned from the publication of | ||||||
20 | materials owned by or licensed to the Department of Children | ||||||
21 | and Family Services shall be deposited into the DCFS | ||||||
22 | Children's Services Fund. | ||||||
23 | As soon as may be practical after September 1, 2005, upon | ||||||
24 | the request of the Department of Children and Family Services, | ||||||
25 | the Comptroller shall order transferred and the Treasurer | ||||||
26 | shall transfer the unexpended balance of the Department of |
| |||||||
| |||||||
1 | Children and Family Services Training Fund into the DCFS | ||||||
2 | Children's Services Fund. Upon completion of the transfer, the | ||||||
3 | Department of Children and Family Services Training Fund is | ||||||
4 | dissolved and any outstanding obligations or liabilities of | ||||||
5 | that Fund pass to the DCFS Children's Services Fund.
| ||||||
6 | (Source: P.A. 95-707, eff. 1-11-08; 96-1127, eff. 7-20-10.)
| ||||||
7 | (30 ILCS 105/8.33) (from Ch. 127, par. 144.33)
| ||||||
8 | Sec. 8.33. Expenses incident to leasing or use of State | ||||||
9 | facilities.
(a) All expenses incident to the leasing or use of
| ||||||
10 | the State facilities listed in Section 405-315 of the
| ||||||
11 | Department
of Central Management Services Law (20 ILCS | ||||||
12 | 405/405-315) for lease or use terms not exceeding
30 days in | ||||||
13 | length shall be payable from the Facilities Management Special | ||||||
14 | Events Revolving Fund. Such expenses Expenses incident to the | ||||||
15 | lease or use of the State facilities listed in
Section 405-315 | ||||||
16 | of the Department of Central Management
Services
Law (20 ILCS | ||||||
17 | 405/405-315) shall
include expenditures for additional | ||||||
18 | commodities, equipment, furniture,
improvements, personal | ||||||
19 | services or other expenses required by the
Department of | ||||||
20 | Central Management Services to make such facilities available
| ||||||
21 | to the public and State employees.
| ||||||
22 | (b) The Special Events Revolving Fund shall cease to exist | ||||||
23 | on October 1, 2005. Any balance in the Fund as of that date | ||||||
24 | shall be transferred to the Facilities Management Revolving | ||||||
25 | Fund. Any moneys that otherwise would be paid into the Fund on |
| |||||||
| |||||||
1 | or after that date shall be deposited into the Facilities | ||||||
2 | Management Revolving Fund. Any disbursements on or after that | ||||||
3 | date that otherwise would be made from the Fund shall be made | ||||||
4 | from the Facilities Management Revolving Fund.
| ||||||
5 | (Source: P.A. 94-91, eff. 7-1-05.)
| ||||||
6 | (30 ILCS 105/8f)
| ||||||
7 | Sec. 8f. Public Pension Regulation Fund. The Public | ||||||
8 | Pension Regulation
Fund is created as a special fund in the | ||||||
9 | State Treasury. Except as otherwise provided in the
Illinois | ||||||
10 | Pension Code, all money received by the Department of | ||||||
11 | Financial and Professional Regulation, as successor to the | ||||||
12 | Illinois Department of
Insurance , under the Illinois Pension | ||||||
13 | Code shall be paid into the Fund. The
State Treasurer promptly | ||||||
14 | shall invest the money in the Fund, and all earnings
that | ||||||
15 | accrue on the money in the Fund shall be credited to the Fund. | ||||||
16 | No money
may be transferred from this Fund to any other fund. | ||||||
17 | The General Assembly may
make appropriations from this Fund | ||||||
18 | for the ordinary and contingent expenses of
the Public Pension | ||||||
19 | Division of the Illinois Department of Insurance.
| ||||||
20 | (Source: P.A. 94-91, eff. 7-1-05; 95-950, eff. 8-29-08.)
| ||||||
21 | Section 20-25. The Build Illinois Bond Act is amended by | ||||||
22 | changing Section 2 as follows:
| ||||||
23 | (30 ILCS 425/2) (from Ch. 127, par. 2802)
|
| |||||||
| |||||||
1 | Sec. 2. Authorization for Bonds. The State of Illinois is
| ||||||
2 | authorized to issue, sell and provide for the retirement of | ||||||
3 | limited
obligation bonds, notes and other evidences of | ||||||
4 | indebtedness of the State of
Illinois in the total principal | ||||||
5 | amount of $9,484,681,100
herein called "Bonds". Such | ||||||
6 | authorized amount of Bonds shall
be reduced from time to time | ||||||
7 | by amounts, if any, which are equal to the
moneys received by | ||||||
8 | the Department of Revenue in any fiscal year pursuant to
| ||||||
9 | Section 3-1001 of the "Illinois Vehicle Code", as amended, in | ||||||
10 | excess of the
Annual Specified Amount (as defined in Section 3 | ||||||
11 | of the "Retailers'
Occupation Tax Act", as amended) and | ||||||
12 | transferred at the end of such fiscal
year from the General | ||||||
13 | Revenue Fund to the Build Illinois Purposes Fund (now | ||||||
14 | abolished) as
provided in Section 3-1001 of said Code; | ||||||
15 | provided, however, that no such
reduction shall affect the | ||||||
16 | validity or enforceability of any Bonds issued
prior to such | ||||||
17 | reduction. Such amount of authorized Bonds
shall be exclusive | ||||||
18 | of any refunding Bonds issued pursuant to Section 15 of
this | ||||||
19 | Act and exclusive of any Bonds issued pursuant to this Section | ||||||
20 | which
are redeemed, purchased, advance refunded, or defeased | ||||||
21 | in accordance with
paragraph (f) of Section 4 of this Act. | ||||||
22 | Bonds shall be issued for the
categories and specific purposes | ||||||
23 | expressed in Section 4 of this Act.
| ||||||
24 | (Source: P.A. 101-30, eff. 6-28-19.)
| ||||||
25 | Section 20-30. The Build Illinois Act is amended by |
| |||||||
| |||||||
1 | changing Sections 9-4.2, 9-5.2, and 23-1 as follows:
| ||||||
2 | (30 ILCS 750/9-4.2) (from Ch. 127, par. 2709-4.2)
| ||||||
3 | Sec. 9-4.2. Illinois Capital Revolving Loan Fund.
| ||||||
4 | (a) There is hereby created the Illinois Capital
Revolving | ||||||
5 | Loan Fund, hereafter referred to in this Article as the
| ||||||
6 | "Capital Fund" to be held as a separate fund within the State
| ||||||
7 | Treasury.
| ||||||
8 | The purpose of the Capital Fund is to finance intermediary | ||||||
9 | agreements,
administration, technical assistance agreements,
| ||||||
10 | loans, grants, or investments in Illinois. In addition, funds | ||||||
11 | may be
used
for a one time transfer in fiscal year 1994, not to | ||||||
12 | exceed the amounts
appropriated, to the Public Infrastructure | ||||||
13 | Construction Loan Revolving Fund for
grants and loans pursuant | ||||||
14 | to the Public Infrastructure Loan and Grant Program
Act. | ||||||
15 | Investments, administration,
grants, and financial aid shall | ||||||
16 | be used for the purposes set for in this
Article. Loan | ||||||
17 | financing will be in the
form of
loan agreements pursuant to | ||||||
18 | the terms and conditions set
forth in this Article. All loans | ||||||
19 | shall be conditioned on the
project receiving financing from | ||||||
20 | participating lenders or other investors.
Loan
proceeds shall | ||||||
21 | be available for project costs, except for
debt refinancing.
| ||||||
22 | (b) There shall be deposited in the Capital Fund
such | ||||||
23 | amounts, including but not limited to:
| ||||||
24 | (i) All receipts, including dividends, principal and | ||||||
25 | interest
payments and royalties, from any applicable loan, |
| |||||||
| |||||||
1 | intermediary, or technical
assistance agreement
made from | ||||||
2 | the Capital Fund or from direct appropriations from the | ||||||
3 | Build
Illinois Bond Fund or the Build Illinois Purposes | ||||||
4 | Fund (now abolished) or the General Revenue Fund by
the | ||||||
5 | General Assembly entered into by the Department;
| ||||||
6 | (ii) All proceeds of assets of whatever nature
| ||||||
7 | received by the Department as a result of default or | ||||||
8 | delinquency
with respect to loan agreements made from the | ||||||
9 | Capital
Fund or from direct appropriations by the General | ||||||
10 | Assembly,
including proceeds from the sale, disposal, | ||||||
11 | lease or rental
of real or personal property which the | ||||||
12 | Department may receive
as a result thereof;
| ||||||
13 | (iii) Any appropriations, grants or gifts made to
the | ||||||
14 | Capital Fund;
| ||||||
15 | (iv) Any income received from interest on investments
| ||||||
16 | of moneys in the Capital Fund;
| ||||||
17 | (v) All moneys resulting from the collection of | ||||||
18 | premiums, fees, charges,
costs, and expenses in connection | ||||||
19 | with the Capital Fund as described in subsection (e) of | ||||||
20 | Section 9-3.
| ||||||
21 | (c) The Treasurer may invest moneys in the Capital
Fund in | ||||||
22 | securities constituting obligations of the United
States | ||||||
23 | Government, or in obligations the principal of and
interest on | ||||||
24 | which are guaranteed by the United States Government,
in | ||||||
25 | obligations the principal of and interest on which
are | ||||||
26 | guaranteed by the United States Government, or in certificates
|
| |||||||
| |||||||
1 | of deposit of any State or national bank which are
fully | ||||||
2 | secured by obligations guaranteed as to principal and
interest | ||||||
3 | by the United States Government.
| ||||||
4 | (Source: P.A. 100-377, eff. 8-25-17.)
| ||||||
5 | (30 ILCS 750/9-5.2) (from Ch. 127, par. 2709-5.2)
| ||||||
6 | Sec. 9-5.2. Illinois Equity
Fund. | ||||||
7 | (a) There is created the Illinois Equity
Fund, to be held | ||||||
8 | as a separate fund within the State Treasury.
The purpose of | ||||||
9 | the Illinois Equity Fund is to make equity investments in
| ||||||
10 | Illinois. All financing will be done in conjunction with
| ||||||
11 | participating lenders or other investors. Investment proceeds
| ||||||
12 | may be directed to working capital expenses associated with
| ||||||
13 | the introduction of new technical products or services of | ||||||
14 | individual business
projects or may be used for equity finance | ||||||
15 | pools operated by intermediaries.
| ||||||
16 | (b) There shall be deposited in the Illinois Equity Fund
| ||||||
17 | such amounts, including but not limited to:
| ||||||
18 | (i) All receipts including dividends, principal and | ||||||
19 | interest
payments, royalties, or other return on | ||||||
20 | investment from any
applicable loan made from the Illinois | ||||||
21 | Equity Fund, from direct
appropriations by the General | ||||||
22 | Assembly from the Build Illinois
Fund or the Build | ||||||
23 | Illinois Purposes Fund (now abolished), or from | ||||||
24 | intermediary agreements
made from
the Illinois Equity Fund | ||||||
25 | entered into by the
Department;
|
| |||||||
| |||||||
1 | (ii) All proceeds of assets of whatever nature
| ||||||
2 | received by the Department as a result of default or | ||||||
3 | delinquency
with respect to loan agreements made from the | ||||||
4 | Illinois Equity
Fund, or from direct appropriations by the | ||||||
5 | General Assembly
including proceeds from the sale, | ||||||
6 | disposal, lease or rental
of real or personal property | ||||||
7 | which the Department may receive
as a result thereof;
| ||||||
8 | (iii) any appropriations, grants or gifts made to
the | ||||||
9 | Illinois Equity Fund;
| ||||||
10 | (iv) any income received from interest on investments
| ||||||
11 | of moneys in the Illinois Equity Fund.
| ||||||
12 | (c) The Treasurer may invest moneys in the Illinois Equity
| ||||||
13 | Fund in securities constituting direct obligations of the
| ||||||
14 | United States Government, or in obligations the principal of
| ||||||
15 | and interest on which are guaranteed by the United States
| ||||||
16 | Government, or in certificates of deposit of any State or
| ||||||
17 | national bank which are fully secured by obligations | ||||||
18 | guaranteed
as to principal and interest by the United States | ||||||
19 | Government.
| ||||||
20 | (Source: P.A. 99-933, eff. 1-27-17.)
| ||||||
21 | (30 ILCS 750/23-1) (from Ch. 127, par. 2723-1)
| ||||||
22 | Sec. 23-1.
Wages of laborers, mechanics and other workers | ||||||
23 | employed on
all "public works" projects undertaken pursuant to | ||||||
24 | contracts financed with
appropriations from the Build Illinois | ||||||
25 | Bond Fund or the Build Illinois
Purposes Fund shall be subject |
| |||||||
| |||||||
1 | to the provisions of
the Prevailing Wage Act.
| ||||||
2 | (Source: P.A. 86-1475.)
| ||||||
3 | Section 20-35. The Police and Community Relations | ||||||
4 | Improvement Act is amended by changing Section 1-10 as | ||||||
5 | follows: | ||||||
6 | (50 ILCS 727/1-10)
| ||||||
7 | Sec. 1-10. Investigation of officer-involved deaths; | ||||||
8 | requirements.
| ||||||
9 | (a) Each law enforcement agency shall have a written | ||||||
10 | policy regarding the investigation of officer-involved deaths | ||||||
11 | that involve a law enforcement officer employed by that law | ||||||
12 | enforcement agency. | ||||||
13 | (b) Each officer-involved death investigation shall be | ||||||
14 | conducted by at least 2 investigators, or an entity or agency | ||||||
15 | comprised of at least 2 investigators, one of whom is the lead | ||||||
16 | investigator. The lead investigator shall be a person | ||||||
17 | certified by the Illinois Law Enforcement Training Standards | ||||||
18 | Board as a Lead Homicide Investigator, or similar training | ||||||
19 | approved by the Illinois Law Enforcement Training Standards | ||||||
20 | Board or the Illinois State Police, or similar training | ||||||
21 | provided at an Illinois Law Enforcement Training Standards | ||||||
22 | Board certified school. No
investigator involved in the | ||||||
23 | investigation may be employed by the law enforcement agency | ||||||
24 | that employs the officer involved in the officer-involved |
| |||||||
| |||||||
1 | death, unless the investigator is employed by the Illinois | ||||||
2 | State Police and is not assigned to the same division or unit | ||||||
3 | as the officer involved in the death. | ||||||
4 | (c) In addition to the requirements of subsection (b) of | ||||||
5 | this Section, if the officer-involved death being investigated | ||||||
6 | involves a motor vehicle accident, at least one investigator | ||||||
7 | shall be certified by the Illinois Law Enforcement Training | ||||||
8 | Standards Board as a Crash Reconstruction Specialist, or | ||||||
9 | similar training approved by the Illinois Law Enforcement | ||||||
10 | Training Standards Board or the Illinois State Police, or | ||||||
11 | similar training provided at an Illinois Law Enforcement | ||||||
12 | Training Standards Board certified school. Notwithstanding the | ||||||
13 | requirements of subsection (b) of this Section, the policy for | ||||||
14 | a law enforcement agency, when the officer-involved death | ||||||
15 | being investigated involves a motor vehicle collision, may | ||||||
16 | allow the use of an investigator who is employed by that law | ||||||
17 | enforcement agency and who is certified by the Illinois Law | ||||||
18 | Enforcement Training Standards Board as a Crash Reconstruction | ||||||
19 | Specialist, or similar training approved by the Illinois Law | ||||||
20 | Enforcement Training and Standards Board, or similar certified | ||||||
21 | training approved by the Illinois State Police, or similar | ||||||
22 | training provided at an Illinois Law Enforcement Training and | ||||||
23 | Standards Board certified school. | ||||||
24 | (d) The investigators conducting the investigation shall, | ||||||
25 | in an expeditious manner, provide a complete report to the | ||||||
26 | State's Attorney of the county in which the officer-involved |
| |||||||
| |||||||
1 | death occurred. | ||||||
2 | (e) If the State's Attorney, or a designated special | ||||||
3 | prosecutor, determines there is no basis to prosecute the law | ||||||
4 | enforcement officer involved in the officer-involved death, or | ||||||
5 | if the law enforcement officer is not otherwise charged or | ||||||
6 | indicted, the investigators shall publicly release a report.
| ||||||
7 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
8 | Section 20-40. The Fair and Exposition Authority | ||||||
9 | Reconstruction Act is amended by changing Section 8 as | ||||||
10 | follows:
| ||||||
11 | (70 ILCS 215/8) (from Ch. 85, par. 1250.8)
| ||||||
12 | Sec. 8. Appropriations may be made
from time to time by the | ||||||
13 | General Assembly to the Metropolitan Pier and
Exposition | ||||||
14 | Authority for the payment of principal and interest of bonds | ||||||
15 | of
the Authority issued under the provisions of this Act and | ||||||
16 | for any other
lawful purpose of the Authority. Any and all of | ||||||
17 | the funds so received shall
be kept separate and apart from any | ||||||
18 | and all other funds of the Authority.
After there has been paid | ||||||
19 | into the Metropolitan Fair and Exposition
Authority | ||||||
20 | Reconstruction Fund in the State Treasury sufficient money,
| ||||||
21 | pursuant to this Section and Sections 2 and 29 of the Cigarette | ||||||
22 | Tax Act, to
retire all bonds payable from that Fund, the taxes | ||||||
23 | derived from Section 28
of the Illinois Horse Racing Act of | ||||||
24 | 1975 which were required to be paid
into that Fund pursuant to |
| |||||||
| |||||||
1 | that Act shall thereafter be paid into the
General Revenue | ||||||
2 | Fund in the
State Treasury.
| ||||||
3 | (Source: P.A. 102-16, eff. 6-17-21.)
| ||||||
4 | Section 20-45. The Higher Education Student Assistance Act | ||||||
5 | is amended by changing Section 52 as follows:
| ||||||
6 | (110 ILCS 947/52)
| ||||||
7 | Sec. 52. Golden Apple Scholars of Illinois Program; Golden | ||||||
8 | Apple Foundation for Excellence in Teaching.
| ||||||
9 | (a) In this Section, "Foundation" means the Golden Apple | ||||||
10 | Foundation for Excellence in Teaching, a registered 501(c)(3) | ||||||
11 | not-for-profit corporation. | ||||||
12 | (a-2) In order to encourage academically talented Illinois | ||||||
13 | students,
especially minority students, to pursue teaching | ||||||
14 | careers, especially in
teacher shortage
disciplines
(which | ||||||
15 | shall be defined to include early childhood education) or at
| ||||||
16 | hard-to-staff schools (as defined by the Commission in | ||||||
17 | consultation with the
State Board of Education), to provide | ||||||
18 | those students with the crucial mentoring, guidance, and | ||||||
19 | in-service support that will significantly increase the | ||||||
20 | likelihood that they will complete their full teaching | ||||||
21 | commitments and elect to continue teaching in targeted | ||||||
22 | disciplines and hard-to-staff schools, and to ensure that | ||||||
23 | students in this State will continue to have access to a pool | ||||||
24 | of highly-qualified teachers, each qualified student shall be |
| |||||||
| |||||||
1 | awarded a Golden Apple Scholars of Illinois Program | ||||||
2 | scholarship to any Illinois institution of higher learning. | ||||||
3 | The Commission shall administer the Golden Apple Scholars of | ||||||
4 | Illinois Program, which shall be managed by the Foundation | ||||||
5 | pursuant to the terms of a grant agreement meeting the | ||||||
6 | requirements of Section 4 of the Illinois Grant Funds Recovery | ||||||
7 | Act. | ||||||
8 | (a-3) For purposes of this Section, a qualified student | ||||||
9 | shall be a student who meets the following qualifications: | ||||||
10 | (1) is a resident of this State and a citizen or | ||||||
11 | eligible noncitizen of the United States; | ||||||
12 | (2) is a high school graduate or a person who has | ||||||
13 | received a high school equivalency certificate; | ||||||
14 | (3) is enrolled or accepted, on at least a half-time | ||||||
15 | basis, at an institution of higher learning; | ||||||
16 | (4) is pursuing a postsecondary course of study | ||||||
17 | leading to initial certification or pursuing additional | ||||||
18 | course work needed to gain State Board of Education | ||||||
19 | approval to teach, including alternative teacher | ||||||
20 | licensure; and | ||||||
21 | (5) is a participant in programs managed by and is | ||||||
22 | approved to receive a scholarship from the Foundation. | ||||||
23 | (a-5) (Blank).
| ||||||
24 | (b) (Blank).
| ||||||
25 | (b-5) Funds designated for the Golden Apple Scholars of | ||||||
26 | Illinois Program shall be used by the Commission for the |
| |||||||
| |||||||
1 | payment of scholarship assistance under this Section or for | ||||||
2 | the award of grant funds, subject to the Illinois Grant Funds | ||||||
3 | Recovery Act, to the Foundation. Subject to appropriation, | ||||||
4 | awards of grant funds to the Foundation shall be made on an | ||||||
5 | annual basis and following an application for grant funds by | ||||||
6 | the Foundation. | ||||||
7 | (b-10) Each year, the Foundation shall include in its | ||||||
8 | application to the Commission for grant funds an estimate of | ||||||
9 | the amount of scholarship assistance to be provided to | ||||||
10 | qualified students during the grant period. Any amount of | ||||||
11 | appropriated funds exceeding the estimated amount of | ||||||
12 | scholarship assistance may be awarded by the Commission to the | ||||||
13 | Foundation for management expenses expected to be incurred by | ||||||
14 | the Foundation in providing the mentoring, guidance, and | ||||||
15 | in-service supports that will increase the likelihood that | ||||||
16 | qualified students will complete their teaching commitments | ||||||
17 | and elect to continue teaching in hard-to-staff schools. If | ||||||
18 | the estimate of the amount of scholarship assistance described | ||||||
19 | in the Foundation's application is less than the actual amount | ||||||
20 | required for the award of scholarship assistance to qualified | ||||||
21 | students, the Foundation shall be responsible for using | ||||||
22 | awarded grant funds to ensure all qualified students receive | ||||||
23 | scholarship assistance under this Section. | ||||||
24 | (b-15) All grant funds not expended or legally obligated | ||||||
25 | within the time specified in a grant agreement between the | ||||||
26 | Foundation and the Commission shall be returned to the |
| |||||||
| |||||||
1 | Commission within 45 days. Any funds legally obligated by the | ||||||
2 | end of a grant agreement shall be liquidated within 45 days or | ||||||
3 | otherwise returned to the Commission within 90 days after the | ||||||
4 | end of the grant agreement that resulted in the award of grant | ||||||
5 | funds. | ||||||
6 | (c) Each scholarship awarded under this Section shall be | ||||||
7 | in an amount
sufficient to pay the tuition and fees and room | ||||||
8 | and board costs of the Illinois
institution of higher learning | ||||||
9 | at which the recipient is enrolled, up to
an annual maximum of | ||||||
10 | $5,000; except that in the case of a
recipient who
does not
| ||||||
11 | reside
on-campus at the institution of higher learning at | ||||||
12 | which he or she is enrolled,
the amount of the scholarship | ||||||
13 | shall be sufficient to pay tuition and fee
expenses and a | ||||||
14 | commuter allowance, up to an annual maximum of $5,000. All | ||||||
15 | scholarship funds distributed in accordance with this Section | ||||||
16 | shall be paid to the institution on behalf of recipients.
| ||||||
17 | (d) The total amount of scholarship assistance awarded by | ||||||
18 | the Commission
under this Section to an individual in any | ||||||
19 | given fiscal year, when added to
other financial assistance | ||||||
20 | awarded to that individual for that year, shall not
exceed the | ||||||
21 | cost of attendance at the institution of higher learning at | ||||||
22 | which
the student is enrolled. In any academic year for which a | ||||||
23 | qualified student under this Section accepts financial | ||||||
24 | assistance through any other teacher scholarship program | ||||||
25 | administered by the Commission, a qualified student shall not | ||||||
26 | be eligible for scholarship assistance awarded under this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (e) A recipient may receive up to 8 semesters or 12
| ||||||
3 | quarters of scholarship
assistance under this Section. | ||||||
4 | Scholarship funds are applicable toward 2 semesters or 3 | ||||||
5 | quarters of enrollment each academic year.
| ||||||
6 | (f) All applications for scholarship assistance to be | ||||||
7 | awarded under this
Section shall be made to the Foundation in a | ||||||
8 | form determined by the Foundation. Each year, the Foundation | ||||||
9 | shall notify the Commission of the individuals awarded | ||||||
10 | scholarship assistance under this Section. Each year, at least | ||||||
11 | 30% of the Golden Apple Scholars of Illinois Program | ||||||
12 | scholarships shall be awarded to students residing in counties | ||||||
13 | having a population of less than 500,000.
| ||||||
14 | (g) (Blank).
| ||||||
15 | (h) The Commission shall administer the payment of
| ||||||
16 | scholarship assistance provided through the Golden Apple | ||||||
17 | Scholars of Illinois Program and shall make all necessary
and
| ||||||
18 | proper rules not inconsistent with this Section for the | ||||||
19 | effective
implementation of this Section.
| ||||||
20 | (i) Prior to receiving scholarship assistance for any | ||||||
21 | academic year, each
recipient of a scholarship awarded under | ||||||
22 | this
Section shall be required by the Foundation to sign an | ||||||
23 | agreement under which
the
recipient pledges that, within the | ||||||
24 | 2-year period following the
termination
of the academic | ||||||
25 | program for which the recipient was awarded a scholarship, the
| ||||||
26 | recipient: (i) shall begin teaching for a period of not
less |
| |||||||
| |||||||
1 | than 5 years, (ii) shall fulfill this teaching obligation at a | ||||||
2 | nonprofit
Illinois public,
private, or parochial
preschool or | ||||||
3 | an Illinois public elementary or secondary school that | ||||||
4 | qualifies for teacher loan cancellation under Section | ||||||
5 | 465(a)(2)(A) of the federal Higher Education Act of 1965 (20 | ||||||
6 | U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed | ||||||
7 | eligible for fulfilling the teaching commitment as designated | ||||||
8 | by the Foundation, and (iii)
shall, upon request of
the | ||||||
9 | Foundation, provide the Foundation with evidence that he or | ||||||
10 | she is fulfilling
or has fulfilled the terms of the teaching | ||||||
11 | agreement provided for in this
subsection. Upon request, the | ||||||
12 | Foundation shall provide evidence of teacher fulfillment to | ||||||
13 | the Commission.
| ||||||
14 | (j) If a recipient of a scholarship awarded under this | ||||||
15 | Section fails to
fulfill the teaching obligation set forth in | ||||||
16 | subsection (i) of this Section,
the Commission shall require | ||||||
17 | the recipient to repay the amount of the
scholarships | ||||||
18 | received, prorated according to the fraction of the teaching
| ||||||
19 | obligation not completed, plus interest at a rate of 5% and if | ||||||
20 | applicable, reasonable
collection fees.
Payments received by | ||||||
21 | the Commission under this subsection (j)
shall be remitted to | ||||||
22 | the State Comptroller for deposit into
the General Revenue | ||||||
23 | Fund, except that that portion of a
recipient's repayment that | ||||||
24 | equals the amount in expenses that
the Commission has | ||||||
25 | reasonably incurred in attempting
collection from that | ||||||
26 | recipient shall be remitted to the State
Comptroller for |
| |||||||
| |||||||
1 | deposit into the ISAC Commission's Accounts
Receivable Fund , a | ||||||
2 | special fund in the State treasury . | ||||||
3 | (k) A recipient of a scholarship awarded by the Foundation | ||||||
4 | under this
Section shall not be considered to have failed to | ||||||
5 | fulfill the teaching obligations of the agreement entered into | ||||||
6 | pursuant to
subsection (i) if the recipient (i) enrolls on a | ||||||
7 | full-time basis as a graduate
student in a course of study | ||||||
8 | related to the field of teaching at an institution
of higher | ||||||
9 | learning; (ii) is serving as a member of the armed services of | ||||||
10 | the
United States; (iii) is a person with a temporary total | ||||||
11 | disability, as established by sworn
affidavit of a qualified | ||||||
12 | physician; (iv) is seeking and unable to find
full-time | ||||||
13 | employment as a teacher at a school that satisfies the | ||||||
14 | criteria set
forth
in subsection (i) and is able to provide | ||||||
15 | evidence of that fact; (v) is taking additional courses, on at | ||||||
16 | least a half-time basis, needed to obtain certification as a | ||||||
17 | teacher in Illinois; (vi) is fulfilling teaching requirements | ||||||
18 | associated with other programs administered by the Commission | ||||||
19 | and cannot concurrently fulfill them under this Section in a | ||||||
20 | period of time equal to the length of the teaching obligation; | ||||||
21 | or (vii) is participating in a program established under | ||||||
22 | Executive Order 10924 of the President of the United States or | ||||||
23 | the federal National Community Service Act of 1990 (42 U.S.C. | ||||||
24 | 12501 et seq.). Any such
extension of the period during which | ||||||
25 | the teaching requirement must be fulfilled
shall be subject to | ||||||
26 | limitations of duration as established by the Commission.
|
| |||||||
| |||||||
1 | (l) A recipient who fails to fulfill the teaching | ||||||
2 | obligations of the agreement entered into pursuant to | ||||||
3 | subsection (i) of this Section shall repay the amount of | ||||||
4 | scholarship assistance awarded to them under this Section | ||||||
5 | within 10 years. | ||||||
6 | (m) Annually, at a time determined by the Commission in | ||||||
7 | consultation with the Foundation, the Foundation shall submit | ||||||
8 | a report to assist the Commission in monitoring the | ||||||
9 | Foundation's performance of grant activities. The report shall | ||||||
10 | describe the following: | ||||||
11 | (1) the Foundation's anticipated expenditures for the | ||||||
12 | next fiscal year; | ||||||
13 | (2) the number of qualified students receiving | ||||||
14 | scholarship assistance at each institution of higher | ||||||
15 | learning where a qualified student was enrolled under this | ||||||
16 | Section during the previous fiscal year; | ||||||
17 | (3) the total monetary value of scholarship funds paid | ||||||
18 | to each institution of higher learning at which a | ||||||
19 | qualified student was enrolled during the previous fiscal | ||||||
20 | year; | ||||||
21 | (4) the number of scholarship recipients who completed | ||||||
22 | a baccalaureate degree during the previous fiscal year; | ||||||
23 | (5) the number of scholarship recipients who fulfilled | ||||||
24 | their teaching obligation during the previous fiscal year; | ||||||
25 | (6) the number of scholarship recipients who failed to | ||||||
26 | fulfill their teaching obligation during the previous |
| |||||||
| |||||||
1 | fiscal year; | ||||||
2 | (7) the number of scholarship recipients granted an | ||||||
3 | extension described in subsection (k) of this Section | ||||||
4 | during the previous fiscal year; | ||||||
5 | (8) the number of scholarship recipients required to | ||||||
6 | repay scholarship assistance in accordance with subsection | ||||||
7 | (j) of this Section during the previous fiscal year; | ||||||
8 | (9) the number of scholarship recipients who | ||||||
9 | successfully repaid scholarship assistance in full during | ||||||
10 | the previous fiscal year; | ||||||
11 | (10) the number of scholarship recipients who | ||||||
12 | defaulted on their obligation to repay scholarship | ||||||
13 | assistance during the previous fiscal year; | ||||||
14 | (11) the amount of scholarship assistance subject to | ||||||
15 | collection in accordance with subsection (j) of this | ||||||
16 | Section at the end of the previous fiscal year; | ||||||
17 | (12) the amount of collected funds to be remitted to | ||||||
18 | the Comptroller in accordance with subsection (j) of this | ||||||
19 | Section at the end of the previous fiscal year; and | ||||||
20 | (13) other information that the Commission may | ||||||
21 | reasonably request. | ||||||
22 | (n) Nothing in this Section shall affect the rights of the | ||||||
23 | Commission to collect moneys owed to it by recipients of | ||||||
24 | scholarship assistance through the Illinois Future Teacher | ||||||
25 | Corps Program, repealed by Public Act 98-533 this amendatory | ||||||
26 | Act of the 98th General Assembly . |
| |||||||
| |||||||
1 | (o) The Auditor General shall prepare an annual audit of | ||||||
2 | the operations and finances of the Golden Apple Scholars of | ||||||
3 | Illinois Program. This audit shall be provided to the | ||||||
4 | Governor, General Assembly, and the Commission. | ||||||
5 | (p) The suspension of grant making authority found in | ||||||
6 | Section 4.2 of the Illinois Grant Funds Recovery Act shall not | ||||||
7 | apply to grants made pursuant to this Section. | ||||||
8 | (Source: P.A. 98-533, eff. 8-23-13; 98-718, eff. 1-1-15; | ||||||
9 | 99-143, eff. 7-27-15.)
| ||||||
10 | Section 20-50. The Nurse Educator Assistance Act is | ||||||
11 | amended by changing Section 15-30 as follows: | ||||||
12 | (110 ILCS 967/15-30)
| ||||||
13 | Sec. 15-30. Repayment upon default; exception.
| ||||||
14 | (a) If a recipient of a scholarship awarded under this | ||||||
15 | Section fails to fulfill the work agreement required under the | ||||||
16 | program, the Commission shall require the recipient to repay | ||||||
17 | the amount of the scholarship or scholarships received, | ||||||
18 | prorated according to the fraction of the work agreement not | ||||||
19 | completed, plus interest at a rate of 5% and, if applicable, | ||||||
20 | reasonable collection fees.
| ||||||
21 | (b) Payments received by the Commission under this Section | ||||||
22 | shall be remitted to the State Comptroller for deposit into | ||||||
23 | the General Revenue Fund, except that that portion of a | ||||||
24 | recipient's repayment that equals the amount in expenses that |
| |||||||
| |||||||
1 | the Commission has reasonably incurred in attempting | ||||||
2 | collection from that recipient shall be remitted to the State | ||||||
3 | Comptroller for deposit into the ISAC Commission's Accounts | ||||||
4 | Receivable Fund.
| ||||||
5 | (c) A recipient of a scholarship awarded by the Commission | ||||||
6 | under the program shall not be in violation of the agreement | ||||||
7 | entered into pursuant to this Article if the recipient is (i) | ||||||
8 | serving as a member of the armed services of the United States, | ||||||
9 | (ii) a person with a temporary total disability, as | ||||||
10 | established by a sworn affidavit of a qualified physician, | ||||||
11 | (iii) seeking and unable to find full-time employment as a | ||||||
12 | nursing educator and is able to provide evidence of that fact, | ||||||
13 | or (iv) taking additional courses, on at least a half-time | ||||||
14 | basis, related to nursing education. Any extension of the | ||||||
15 | period during which the work requirement must be fulfilled | ||||||
16 | shall be subject to limitations of duration established by the | ||||||
17 | Commission.
| ||||||
18 | (Source: P.A. 99-143, eff. 7-27-15.) | ||||||
19 | Section 20-55. The Solid Waste Site Operator Certification | ||||||
20 | Law is amended by changing Section 1011 as follows:
| ||||||
21 | (225 ILCS 230/1011) (from Ch. 111, par. 7861)
| ||||||
22 | Sec. 1011. Fees.
| ||||||
23 | (a) Fees for the issuance or renewal of a Solid
Waste Site | ||||||
24 | Operator Certificate shall be as follows:
|
| |||||||
| |||||||
1 | (1)(A) $400 for issuance or renewal for Class A Solid | ||||||
2 | Waste Site
Operators; (B) $200 for issuance or renewal for | ||||||
3 | Class B Solid Waste Site
Operators; and (C) $100 for | ||||||
4 | issuance or renewal for special waste endorsements.
| ||||||
5 | (2) If the fee for renewal is not paid within the grace | ||||||
6 | period the
above fees for renewal shall each be increased | ||||||
7 | by $50.
| ||||||
8 | (b) All Before the effective date of this amendatory Act | ||||||
9 | of the 98th General Assembly, all fees collected by the Agency | ||||||
10 | under this Section shall be
deposited into the Hazardous Waste | ||||||
11 | Occupational Licensing Fund. The Agency
is authorized to use | ||||||
12 | monies in the Hazardous Waste Occupational Licensing Fund to | ||||||
13 | perform its functions, powers,
and duties under this Section. | ||||||
14 | On and after the effective date of this amendatory Act of the | ||||||
15 | 98th General Assembly, all fees collected by the Agency under | ||||||
16 | this Section shall be deposited into the Environmental | ||||||
17 | Protection Permit and Inspection Fund to be used in accordance | ||||||
18 | with the provisions of subsection (a) of Section 22.8 of the | ||||||
19 | Environmental Protection Act. | ||||||
20 | (Source: P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)
| ||||||
21 | Section 20-60. The Illinois Public Aid Code is amended by | ||||||
22 | changing Section 12-10.7 as follows: | ||||||
23 | (305 ILCS 5/12-10.7)
| ||||||
24 | Sec. 12-10.7. The Health and Human Services Medicaid Trust |
| |||||||
| |||||||
1 | Fund. (a) The Health and Human Services Medicaid Trust Fund | ||||||
2 | shall consist of (i) moneys appropriated or transferred into | ||||||
3 | the Fund, pursuant to statute, (ii) federal financial | ||||||
4 | participation moneys received pursuant to expenditures from | ||||||
5 | the Fund, and (iii) the interest earned on moneys in the Fund. | ||||||
6 | (b) Subject to appropriation, the moneys in the Fund shall be | ||||||
7 | used by a State agency for such purposes as that agency may, by | ||||||
8 | the appropriation language, be directed.
| ||||||
9 | (c) In addition to any other transfers that may be | ||||||
10 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
11 | practical, the State Comptroller shall direct and the State | ||||||
12 | Treasurer shall transfer the sum of $3,500,000 from the Health | ||||||
13 | and Human Services Medicaid Trust Fund to the Human Services | ||||||
14 | Priority Capital Program Fund.
| ||||||
15 | (d) In addition to any other transfers that may be | ||||||
16 | provided for by law, on July 1, 2008, or as soon thereafter as | ||||||
17 | practical, the State Comptroller shall direct and the State | ||||||
18 | Treasurer shall transfer the sum of $3,500,000 from the Health | ||||||
19 | and Human Services Medicaid Trust Fund to the Human Services | ||||||
20 | Priority Capital Program Fund. | ||||||
21 | (Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08.) | ||||||
22 | Section 20-65. The Energy Assistance Act is amended by | ||||||
23 | changing Section 10 as follows:
| ||||||
24 | (305 ILCS 20/10) (from Ch. 111 2/3, par. 1410)
|
| |||||||
| |||||||
1 | Sec. 10. Energy Assistance Funds.
| ||||||
2 | (a) The AFDC Energy Assistance Fund is hereby created as a | ||||||
3 | special fund
in the State Treasury.
| ||||||
4 | The AFDC Energy Assistance Fund is authorized to receive | ||||||
5 | whether by
appropriation, transfer, statutory deposit or fund | ||||||
6 | transfer, all amounts
appropriated from State funds to the | ||||||
7 | Department of Human Services (acting as
successor to the | ||||||
8 | Illinois Department of Public Aid
under the Department of | ||||||
9 | Human Services Act) specifically for energy
assistance | ||||||
10 | payments for persons and families
receiving assistance | ||||||
11 | pursuant to Section 4-1 of the Illinois Public Aid
Code and | ||||||
12 | subsection (c) of Section 6 of this Act, and any | ||||||
13 | administrative
expense related thereto.
| ||||||
14 | (b) Subject to appropriation by the General Assembly, the | ||||||
15 | Department is
authorized to expend monies from the AFDC Energy | ||||||
16 | Assistance Fund for the
following purposes:
| ||||||
17 | (1) for energy assistance payments to or on behalf of | ||||||
18 | individuals or
families who receive assistance pursuant to | ||||||
19 | Section 4-1 of The Illinois
Public Aid Code in accordance | ||||||
20 | with the provisions of Section 6 of this Act; and
| ||||||
21 | (2) for the necessary and contingent expenses of the | ||||||
22 | Department
incurred in the administration of that portion | ||||||
23 | of the Act described in
paragraph (1) of this subsection.
| ||||||
24 | (c) The AFDC Energy Assistance Fund shall be inoperative | ||||||
25 | after
September 30, 1991.
| ||||||
26 | (d) Subject to appropriations made by the General |
| |||||||
| |||||||
1 | Assembly, the Department
is authorized to expend monies from | ||||||
2 | the Low Income Home Energy Assistance Block
Grant Fund for the | ||||||
3 | purpose of providing assistance pursuant to Section 6 of
this | ||||||
4 | Act.
| ||||||
5 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
6 | Section 20-70. The Environmental Protection Act is amended | ||||||
7 | by changing Sections 4, 9.9, and 22.8 as follows:
| ||||||
8 | (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
| ||||||
9 | Sec. 4. Environmental Protection Agency; establishment; | ||||||
10 | duties.
| ||||||
11 | (a) There is established in the Executive Branch of the | ||||||
12 | State Government an
agency to be known as the Environmental | ||||||
13 | Protection Agency. This Agency shall
be under the supervision | ||||||
14 | and direction of a Director who shall be appointed by
the | ||||||
15 | Governor with the advice and consent of the Senate. The term of | ||||||
16 | office
of the Director shall expire on the third Monday of | ||||||
17 | January in odd numbered
years, provided that he or she shall | ||||||
18 | hold office until a successor is appointed
and has qualified. | ||||||
19 | For terms ending before December 31, 2019, the Director shall
| ||||||
20 | receive an annual salary as set by
the Compensation Review | ||||||
21 | Board. For terms beginning after January 18, 2019 ( the | ||||||
22 | effective date of Public Act 100-1179) this amendatory Act of | ||||||
23 | the 100th General Assembly , the Director's annual salary shall | ||||||
24 | be an amount equal to 15% more than the Director's annual |
| |||||||
| |||||||
1 | salary as of December 31, 2018. The calculation of the 2018 | ||||||
2 | salary base for this adjustment shall not include any cost of | ||||||
3 | living adjustments, as authorized by Senate Joint Resolution | ||||||
4 | 192 of the 86th General Assembly, for the period beginning | ||||||
5 | July 1, 2009 to June 30, 2019. Beginning July 1, 2019 and each | ||||||
6 | July 1 thereafter, the Director shall receive an increase in | ||||||
7 | salary based on a cost of living adjustment as authorized by | ||||||
8 | Senate Joint Resolution 192 of the 86th General Assembly. The | ||||||
9 | Director, in accord with the Personnel Code, shall employ and
| ||||||
10 | direct such personnel, and shall provide for such laboratory | ||||||
11 | and other
facilities, as may be necessary to carry out the | ||||||
12 | purposes of this Act. In
addition, the Director may by | ||||||
13 | agreement secure such services as he or she
may deem necessary | ||||||
14 | from any other department, agency, or unit of the State
| ||||||
15 | Government, and may employ and compensate such consultants and | ||||||
16 | technical
assistants as may be required.
| ||||||
17 | (b) The Agency shall have the duty to collect and | ||||||
18 | disseminate such
information, acquire such technical data, and | ||||||
19 | conduct such experiments
as may be required to carry out the | ||||||
20 | purposes of this Act, including
ascertainment of the quantity | ||||||
21 | and nature of discharges from any
contaminant source and data | ||||||
22 | on those sources, and to operate and arrange
for the operation | ||||||
23 | of devices for the monitoring of environmental quality.
| ||||||
24 | (c) The Agency shall have authority to conduct a program | ||||||
25 | of
continuing surveillance and of regular or periodic | ||||||
26 | inspection of actual
or potential contaminant or noise |
| |||||||
| |||||||
1 | sources, of public water supplies, and
of refuse disposal | ||||||
2 | sites.
| ||||||
3 | (d) In accordance with constitutional limitations,
the | ||||||
4 | Agency shall have authority to enter at all reasonable times
| ||||||
5 | upon any private or public property for the purpose of:
| ||||||
6 | (1) Inspecting and investigating to ascertain possible | ||||||
7 | violations of
this Act, any rule or regulation adopted | ||||||
8 | under this Act, any permit or
term or condition of a | ||||||
9 | permit, or any Board order; or
| ||||||
10 | (2) In accordance with the provisions of this Act, | ||||||
11 | taking whatever
preventive or corrective action, including | ||||||
12 | but not limited to removal or
remedial action, that is | ||||||
13 | necessary or appropriate whenever there is a
release or a | ||||||
14 | substantial threat of a release of (A) a hazardous
| ||||||
15 | substance or pesticide or (B) petroleum from an | ||||||
16 | underground storage tank.
| ||||||
17 | (e) The Agency shall have the duty to investigate | ||||||
18 | violations of this
Act, any rule or regulation adopted under | ||||||
19 | this Act, any permit or
term or condition of a permit, or any | ||||||
20 | Board order;
to issue administrative citations as provided in | ||||||
21 | Section 31.1 of this
Act; and to take such summary enforcement | ||||||
22 | action as is provided
for by Section 34 of this Act.
| ||||||
23 | (f) The Agency shall appear before the Board in any | ||||||
24 | hearing upon a
petition for variance or time-limited water | ||||||
25 | quality standard, the denial of a permit, or the validity or | ||||||
26 | effect
of a rule or regulation of the Board, and shall have the |
| |||||||
| |||||||
1 | authority to
appear before the Board in any hearing under the | ||||||
2 | Act.
| ||||||
3 | (g) The Agency shall have the duty to administer, in | ||||||
4 | accord with
Title X of this Act, such permit and certification | ||||||
5 | systems as may be
established by this Act or by regulations | ||||||
6 | adopted thereunder.
The Agency may enter into written | ||||||
7 | delegation agreements with any department,
agency, or unit of | ||||||
8 | State or local government under which all or portions
of this | ||||||
9 | duty may be delegated for public water supply storage and | ||||||
10 | transport
systems, sewage collection and transport systems, | ||||||
11 | air pollution control
sources with uncontrolled emissions of | ||||||
12 | 100 tons per year or less and
application of algicides to | ||||||
13 | waters of the State. Such delegation
agreements will require | ||||||
14 | that the work to be performed thereunder will be
in accordance | ||||||
15 | with Agency criteria, subject to Agency review, and shall
| ||||||
16 | include such financial and program auditing by the Agency as | ||||||
17 | may be required.
| ||||||
18 | (h) The Agency shall have authority to require the | ||||||
19 | submission of
complete plans and specifications from any | ||||||
20 | applicant for a permit
required by this Act or by regulations | ||||||
21 | thereunder, and to require the
submission of such reports | ||||||
22 | regarding actual or potential violations of
this Act, any rule | ||||||
23 | or regulation adopted under this Act, any permit or
term or | ||||||
24 | condition of a permit, or any Board order, as may be necessary | ||||||
25 | for the purposes of
this Act.
| ||||||
26 | (i) The Agency shall have authority to make |
| |||||||
| |||||||
1 | recommendations to the
Board for the adoption of regulations | ||||||
2 | under Title VII of the Act.
| ||||||
3 | (j) The Agency shall have the duty to represent the State | ||||||
4 | of
Illinois in any and all matters pertaining to plans, | ||||||
5 | procedures, or
negotiations for interstate compacts or other | ||||||
6 | governmental arrangements
relating to environmental | ||||||
7 | protection.
| ||||||
8 | (k) The Agency shall have the authority to accept, | ||||||
9 | receive, and
administer on behalf of the State any grants, | ||||||
10 | gifts, loans, indirect cost
reimbursements, or other funds | ||||||
11 | made available to the State from any source
for purposes of | ||||||
12 | this Act or for air or water pollution control, public water
| ||||||
13 | supply, solid waste disposal, noise abatement, or other | ||||||
14 | environmental
protection activities, surveys, or programs. Any | ||||||
15 | federal funds received by the
Agency pursuant to this | ||||||
16 | subsection shall be deposited in a trust fund with the
State | ||||||
17 | Treasurer and held and disbursed by him in accordance with | ||||||
18 | Treasurer as
Custodian of Funds Act, provided that such monies | ||||||
19 | shall be used only for the
purposes for which they are | ||||||
20 | contributed and any balance remaining shall be
returned to the | ||||||
21 | contributor.
| ||||||
22 | The Agency is authorized to promulgate such regulations | ||||||
23 | and enter
into such contracts as it may deem necessary for | ||||||
24 | carrying out the
provisions of this subsection.
| ||||||
25 | (l) The Agency is hereby designated as water pollution | ||||||
26 | agency for
the state for all purposes of the Federal Water |
| |||||||
| |||||||
1 | Pollution Control Act, as
amended; as implementing agency for | ||||||
2 | the State for all purposes of the Safe
Drinking Water Act, | ||||||
3 | Public Law 93-523, as now or hereafter amended, except
Section | ||||||
4 | 1425 of that Act; as air pollution agency for the state for all
| ||||||
5 | purposes of the Clean Air Act of 1970, Public Law 91-604, | ||||||
6 | approved December 31,
1970, as amended; and as solid waste | ||||||
7 | agency for the state for all purposes of
the Solid Waste | ||||||
8 | Disposal Act, Public Law 89-272, approved October 20, 1965,
| ||||||
9 | and amended by the Resource Recovery Act of 1970, Public Law | ||||||
10 | 91-512, approved
October 26, 1970, as amended, and amended by | ||||||
11 | the Resource Conservation and
Recovery Act of 1976, (P.L. | ||||||
12 | 94-580) approved October 21, 1976, as amended; as
noise | ||||||
13 | control agency for the state for all purposes of the Noise | ||||||
14 | Control Act of
1972, Public Law 92-574, approved October 27, | ||||||
15 | 1972, as amended; and as
implementing agency for the State for | ||||||
16 | all purposes of the Comprehensive
Environmental Response, | ||||||
17 | Compensation, and Liability Act of 1980 (P.L. 96-510),
as | ||||||
18 | amended; and otherwise as pollution control agency for the | ||||||
19 | State pursuant
to federal laws integrated with the foregoing | ||||||
20 | laws, for financing purposes or
otherwise. The Agency is | ||||||
21 | hereby authorized to take all action necessary or
appropriate | ||||||
22 | to secure to the State the benefits of such federal Acts, | ||||||
23 | provided
that the Agency shall transmit to the United States | ||||||
24 | without change any
standards adopted by the Pollution Control | ||||||
25 | Board pursuant to Section 5(c) of
this Act. This subsection | ||||||
26 | (l) of Section 4 shall not be construed to bar or
prohibit the |
| |||||||
| |||||||
1 | Environmental Protection Trust Fund Commission from accepting,
| ||||||
2 | receiving, and administering on behalf of the State any | ||||||
3 | grants, gifts,
loans or other funds for which the Commission | ||||||
4 | is eligible pursuant to the
Environmental Protection Trust | ||||||
5 | Fund Act. The Agency is hereby designated as
the State agency | ||||||
6 | for all purposes of administering the requirements of Section
| ||||||
7 | 313 of the federal Emergency Planning and Community | ||||||
8 | Right-to-Know Act of 1986.
| ||||||
9 | Any municipality, sanitary district, or other political | ||||||
10 | subdivision,
or any Agency of the State or interstate Agency, | ||||||
11 | which makes application
for loans or grants under such federal | ||||||
12 | Acts shall notify the Agency of
such application; the Agency | ||||||
13 | may participate in proceedings under such
federal Acts.
| ||||||
14 | (m) The Agency shall have authority, consistent with | ||||||
15 | Section 5(c)
and other provisions of this Act, and for | ||||||
16 | purposes of Section 303(e) of
the Federal Water Pollution | ||||||
17 | Control Act, as now or hereafter amended,
to engage in | ||||||
18 | planning processes and activities and to develop
plans in | ||||||
19 | cooperation with units of local government, state agencies and
| ||||||
20 | officers, and other appropriate persons in connection with the
| ||||||
21 | jurisdiction or duties of each such unit, agency, officer or | ||||||
22 | person.
Public hearings shall be held on the planning process, | ||||||
23 | at which any
person shall be permitted to appear and be heard, | ||||||
24 | pursuant to procedural
regulations promulgated by the Agency.
| ||||||
25 | (n) In accordance with the powers conferred upon the | ||||||
26 | Agency by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, |
| |||||||
| |||||||
1 | the Agency shall
have authority to establish and enforce | ||||||
2 | minimum standards for the
operation of laboratories relating | ||||||
3 | to analyses and laboratory tests for
air pollution, water | ||||||
4 | pollution, noise emissions, contaminant discharges
onto land | ||||||
5 | and sanitary, chemical, and mineral quality of water
| ||||||
6 | distributed by a public water supply. The Agency may enter | ||||||
7 | into formal
working agreements with other departments or | ||||||
8 | agencies of state
government under which all or portions of | ||||||
9 | this authority may be
delegated to the cooperating department | ||||||
10 | or agency.
| ||||||
11 | (o) The Agency shall have the authority to issue | ||||||
12 | certificates of
competency to persons and laboratories meeting | ||||||
13 | the minimum standards
established by the Agency in accordance | ||||||
14 | with Section 4(n) of this Act
and to promulgate and enforce | ||||||
15 | regulations relevant to the issuance and
use of such | ||||||
16 | certificates. The Agency may enter into formal working
| ||||||
17 | agreements with other departments or agencies of state | ||||||
18 | government under
which all or portions of this authority may | ||||||
19 | be delegated to the
cooperating department or agency.
| ||||||
20 | (p) Except as provided in Section 17.7, the Agency shall | ||||||
21 | have the
duty to analyze samples as required
from each public | ||||||
22 | water supply to determine compliance with the
contaminant | ||||||
23 | levels specified by the Pollution Control Board. The maximum
| ||||||
24 | number of samples which the Agency shall be required to | ||||||
25 | analyze for
microbiological quality shall be 6 per month, but | ||||||
26 | the Agency may, at its
option, analyze a larger number each |
| |||||||
| |||||||
1 | month for any supply. Results of
sample analyses for | ||||||
2 | additional required bacteriological testing,
turbidity, | ||||||
3 | residual chlorine and radionuclides are to be provided to the
| ||||||
4 | Agency in accordance with Section 19. Owners of water supplies | ||||||
5 | may enter
into agreements with the Agency to provide for | ||||||
6 | reduced Agency
participation in sample analyses.
| ||||||
7 | (q) The Agency shall have the authority to provide notice | ||||||
8 | to any
person who may be liable pursuant to Section 22.2(f) of | ||||||
9 | this Act for a
release or a substantial threat of a release of | ||||||
10 | a hazardous substance or
pesticide. Such notice shall include | ||||||
11 | the identified response action and an
opportunity for such | ||||||
12 | person to perform the response action.
| ||||||
13 | (r) The Agency may enter into written delegation | ||||||
14 | agreements with any
unit of local government under which it | ||||||
15 | may delegate all or portions of its
inspecting, investigating | ||||||
16 | and enforcement functions. Such delegation
agreements shall | ||||||
17 | require that work performed thereunder be in accordance
with | ||||||
18 | Agency criteria and subject to Agency review.
Notwithstanding | ||||||
19 | any other provision of law to the contrary, no unit of
local | ||||||
20 | government shall be liable for any injury resulting from the | ||||||
21 | exercise
of its authority pursuant to such a delegation | ||||||
22 | agreement unless the injury
is proximately caused by the | ||||||
23 | willful and wanton negligence of an agent or
employee of the | ||||||
24 | unit of local government, and any policy of insurance
coverage | ||||||
25 | issued to a unit of local government may provide for the denial | ||||||
26 | of
liability and the nonpayment of claims based upon injuries |
| |||||||
| |||||||
1 | for which the unit
of local government is not liable pursuant | ||||||
2 | to this subsection (r).
| ||||||
3 | (s) The Agency shall have authority to take whatever | ||||||
4 | preventive or
corrective action is necessary or appropriate, | ||||||
5 | including but not limited to
expenditure of monies | ||||||
6 | appropriated from the Build Illinois Bond Fund and
the Build | ||||||
7 | Illinois Purposes Fund for removal or remedial action, | ||||||
8 | whenever
any hazardous substance or pesticide is released or
| ||||||
9 | there is a substantial threat of such a release into the | ||||||
10 | environment. The
State, the Director, and any State employee | ||||||
11 | shall be indemnified for any
damages or injury arising out of | ||||||
12 | or resulting from any action taken under
this subsection. The | ||||||
13 | Director of the Agency is authorized to enter into
such | ||||||
14 | contracts and agreements as are necessary
to carry out the | ||||||
15 | Agency's duties under this subsection.
| ||||||
16 | (t) The Agency shall have authority to distribute grants, | ||||||
17 | subject to
appropriation by the General Assembly, to units of | ||||||
18 | local government for financing and construction of
wastewater | ||||||
19 | facilities in both incorporated and unincorporated areas. With | ||||||
20 | respect to all monies appropriated
from the Build Illinois | ||||||
21 | Bond Fund and the Build Illinois Purposes
Fund for wastewater | ||||||
22 | facility grants, the Agency shall make
distributions in | ||||||
23 | conformity with the rules and regulations established
pursuant | ||||||
24 | to the Anti-Pollution Bond Act, as now or hereafter amended.
| ||||||
25 | (u) Pursuant to the Illinois Administrative Procedure Act, | ||||||
26 | the
Agency shall have the authority to adopt such rules as are |
| |||||||
| |||||||
1 | necessary or
appropriate for the Agency to implement Section | ||||||
2 | 31.1 of this Act.
| ||||||
3 | (v) (Blank.)
| ||||||
4 | (w) Neither the State, nor the Director, nor the Board, | ||||||
5 | nor any State
employee shall be liable for any damages or | ||||||
6 | injury arising out of or
resulting from any action taken under | ||||||
7 | subsection (s).
| ||||||
8 | (x)(1) The Agency shall have authority to distribute | ||||||
9 | grants, subject to
appropriation by the General Assembly, to | ||||||
10 | units of local government for
financing and construction of | ||||||
11 | public water supply facilities. With respect
to all monies | ||||||
12 | appropriated from the Build Illinois Bond Fund or the Build
| ||||||
13 | Illinois Purposes Fund for public water supply grants, such | ||||||
14 | grants shall be
made in accordance with rules promulgated by | ||||||
15 | the Agency.
Such rules shall include a requirement for a local | ||||||
16 | match of 30% of the
total project cost for projects funded | ||||||
17 | through such grants.
| ||||||
18 | (2) The Agency shall not terminate a grant to a unit of | ||||||
19 | local government
for the financing and construction of public | ||||||
20 | water supply facilities unless
and until the Agency adopts | ||||||
21 | rules that set forth precise and complete
standards, pursuant | ||||||
22 | to Section 5-20 of the Illinois Administrative
Procedure Act, | ||||||
23 | for the termination of such grants. The Agency shall not
make | ||||||
24 | determinations on whether specific grant conditions are | ||||||
25 | necessary to
ensure the integrity of a project or on whether | ||||||
26 | subagreements shall be
awarded, with respect to grants for the |
| |||||||
| |||||||
1 | financing and construction of
public water supply facilities, | ||||||
2 | unless and until the Agency adopts rules
that set forth | ||||||
3 | precise and complete standards, pursuant to Section 5-20
of | ||||||
4 | the Illinois Administrative Procedure Act, for making such
| ||||||
5 | determinations. The Agency shall not issue a stop-work order | ||||||
6 | in relation to
such grants unless and until the Agency adopts | ||||||
7 | precise and complete standards,
pursuant to Section 5-20 of | ||||||
8 | the Illinois Administrative Procedure Act, for
determining | ||||||
9 | whether to issue a stop-work order.
| ||||||
10 | (y) The Agency shall have authority to release any person | ||||||
11 | from further
responsibility for preventive or corrective | ||||||
12 | action under this Act following
successful completion of | ||||||
13 | preventive or corrective action undertaken by such
person upon | ||||||
14 | written request by the person.
| ||||||
15 | (z) To the extent permitted by any applicable federal law | ||||||
16 | or regulation, for all work performed for State construction | ||||||
17 | projects which are funded in whole or in part by a capital | ||||||
18 | infrastructure bill enacted by the 96th General Assembly by | ||||||
19 | sums appropriated to the Environmental Protection Agency, at | ||||||
20 | least 50% of the total labor hours must be performed by actual | ||||||
21 | residents of the State of Illinois. For purposes of this | ||||||
22 | subsection, "actual residents of the State of Illinois" means | ||||||
23 | persons domiciled in the State of Illinois. The Department of | ||||||
24 | Labor shall promulgate rules providing for the enforcement of | ||||||
25 | this subsection. | ||||||
26 | (aa) The Agency may adopt rules requiring the electronic |
| |||||||
| |||||||
1 | submission of any information required to be submitted to the | ||||||
2 | Agency pursuant to any State or federal law or regulation or | ||||||
3 | any court or Board order. Any rules adopted under this | ||||||
4 | subsection (aa) must include, but are not limited to, | ||||||
5 | identification of the information to be submitted | ||||||
6 | electronically. | ||||||
7 | (Source: P.A. 99-937, eff. 2-24-17; 100-1179, eff. 1-18-19.)
| ||||||
8 | (415 ILCS 5/9.9)
| ||||||
9 | Sec. 9.9. Nitrogen oxides trading system.
| ||||||
10 | (a) The General Assembly finds:
| ||||||
11 | (1) That USEPA has issued a Final Rule published in | ||||||
12 | the Federal
Register on October 27, 1998, entitled | ||||||
13 | "Finding of Significant Contribution and
Rulemaking for | ||||||
14 | Certain States in the Ozone Transport Assessment Group | ||||||
15 | Region
for Purposes of Reducing Regional Transport of | ||||||
16 | Ozone", hereinafter referred to
as the "NOx SIP Call", | ||||||
17 | compliance with which will require reducing emissions of
| ||||||
18 | nitrogen oxides ("NOx");
| ||||||
19 | (2) That reducing emissions of NOx in the State helps | ||||||
20 | the State to meet
the national ambient air quality | ||||||
21 | standard for ozone;
| ||||||
22 | (3) That emissions trading is a cost-effective means | ||||||
23 | of obtaining
reductions of NOx emissions.
| ||||||
24 | (b) The Agency shall propose and the Board shall adopt
| ||||||
25 | regulations to implement an interstate NOx trading program |
| |||||||
| |||||||
1 | (hereinafter
referred to as the "NOx Trading Program") as | ||||||
2 | provided for in 40 CFR
Part 96, including
incorporation by | ||||||
3 | reference of appropriate provisions of 40 CFR Part 96 and
| ||||||
4 | regulations to address 40 CFR Section 96.4(b), Section | ||||||
5 | 96.55(c), Subpart E, and
Subpart I. In addition, the Agency | ||||||
6 | shall propose and the Board shall adopt
regulations to | ||||||
7 | implement NOx emission reduction programs for cement kilns and
| ||||||
8 | stationary
internal combustion engines.
| ||||||
9 | (c) Allocations of NOx allowances to large electric | ||||||
10 | generating units
("EGUs") and large non-electric generating | ||||||
11 | units ("non-EGUs"), as defined by 40
CFR Part 96.4(a), shall | ||||||
12 | not exceed the State's trading budget for those source
| ||||||
13 | categories to be included in
the State Implementation Plan for | ||||||
14 | NOx.
| ||||||
15 | (d) In adopting regulations to implement the NOx Trading | ||||||
16 | Program, the Board
shall:
| ||||||
17 | (1) assure that the economic impact and technical | ||||||
18 | feasibility of NOx
emissions reductions under the NOx | ||||||
19 | Trading Program are considered relative to
the traditional | ||||||
20 | regulatory control requirements in the State for EGUs and
| ||||||
21 | non-EGUs;
| ||||||
22 | (2) provide that emission units, as defined in Section | ||||||
23 | 39.5(1) of this
Act, may opt into the NOx Trading Program;
| ||||||
24 | (3) provide for voluntary reductions of NOx emissions | ||||||
25 | from emission units,
as defined in Section 39.5(1) of this | ||||||
26 | Act, not otherwise included under
paragraph (c) or (d)(2) |
| |||||||
| |||||||
1 | of this Section to provide additional allowances to
EGUs | ||||||
2 | and non-EGUs to be allocated by the Agency. The | ||||||
3 | regulations shall further
provide that such voluntary | ||||||
4 | reductions are verifiable, quantifiable, permanent,
and | ||||||
5 | federally enforceable;
| ||||||
6 | (4) provide that the Agency allocate to non-EGUs | ||||||
7 | allowances that are
designated in the rule, unless the | ||||||
8 | Agency has been directed to transfer the
allocations to | ||||||
9 | another unit subject to the requirements of the NOx | ||||||
10 | Trading
Program, and that upon shutdown of a non-EGU, the | ||||||
11 | unit may transfer or sell the
NOx allowances that are | ||||||
12 | allocated to such unit;
| ||||||
13 | (5) provide that the Agency shall set aside annually a | ||||||
14 | number of
allowances, not to exceed 5% of the total EGU | ||||||
15 | trading budget, to be made
available to new EGUs; and
| ||||||
16 | (6)
provide that those EGUs that commence commercial
| ||||||
17 | operation, as defined
in 40
CFR Section 96.2, at a time | ||||||
18 | that is more than half way through the control
period in | ||||||
19 | 2003 shall return to the Agency any allowances that were | ||||||
20 | issued to
it by the Agency and were not used for compliance | ||||||
21 | in 2004.
| ||||||
22 | (d-5) The Agency may sell NOx allowances to sources in | ||||||
23 | Illinois that are
subject
to 35 Ill. Adm. Code 217, either | ||||||
24 | Subpart U or W, as follows:
| ||||||
25 | (1) any unearned Early Reduction Credits set aside for | ||||||
26 | non-EGUs under 35
Ill. Adm. Code 217, Subpart U, but only |
| |||||||
| |||||||
1 | to those sources that make qualifying
early reductions of | ||||||
2 | NOx in 2003 pursuant to 35 Ill. Adm. Code 217 for which
the | ||||||
3 | source did not receive an allocation thereunder. If the | ||||||
4 | Agency receives
requests to purchase more ERCs than are | ||||||
5 | available for sale, allowances shall
be offered for sale | ||||||
6 | to qualifying sources on a pro-rata basis;
| ||||||
7 | (2) any remaining Early Reduction Credits allocated | ||||||
8 | under 35 Ill. Adm.
Code 217, Subpart U or W, that could not | ||||||
9 | be allocated on a pro-rata, whole
allowance basis, but | ||||||
10 | only to those sources that made qualifying early
| ||||||
11 | reductions of NOx in 2003 pursuant to 35 Ill. Adm. Code 217 | ||||||
12 | for which the
source did not receive an allocation;
| ||||||
13 | (3) any allowances under 35 Ill. Adm. Code 217, | ||||||
14 | Subpart W, that remain
after each 3-year allocation period | ||||||
15 | that could not be allocated on a
pro-rata, whole allowance | ||||||
16 | basis pursuant to the provisions of Subpart W; and
| ||||||
17 | (4) any allowances requested from the New Source Set | ||||||
18 | Aside for those
sources that commenced operation, as | ||||||
19 | defined in 40 CFR Section 96.2, on or
after
January 1, | ||||||
20 | 2004.
| ||||||
21 | (d-10) The selling price for ERC allowances shall be 70% | ||||||
22 | of the market
price index for 2005 NOx allowances, determined | ||||||
23 | by the Agency as follows:
| ||||||
24 | (1) using the mean of 2 or more published market price | ||||||
25 | indexes for the
2005 NOx allowances as of October 6, 2003; | ||||||
26 | or
|
| |||||||
| |||||||
1 | (2) if there are not 2 published market price indexes | ||||||
2 | for 2005 NOx
allowances as of October 6, 2003, the Agency | ||||||
3 | may use any reasonable indication
of market price.
| ||||||
4 | (e) The Agency may adopt procedural rules, as necessary, | ||||||
5 | to implement the
regulations promulgated by the Board pursuant | ||||||
6 | to subsections (b) and (d) and
to implement subsections (d-5), | ||||||
7 | (d-10), (i), and (j) of
this Section.
| ||||||
8 | (f) Notwithstanding any provisions in subparts T, U, and W | ||||||
9 | of Section 217
of Title 35 of the Illinois Administrative Code | ||||||
10 | to the contrary, compliance
with the regulations promulgated | ||||||
11 | by the Board pursuant to subsections (b) and
(d) of this | ||||||
12 | Section is required by May 31, 2004.
| ||||||
13 | (g) To the extent that a court of competent jurisdiction | ||||||
14 | finds a provision
of 40 CFR Part 96 invalid, the corresponding | ||||||
15 | Illinois provision shall
be stayed until such provision of 40 | ||||||
16 | CFR Part 96 is found to be valid or is
re-promulgated. To the | ||||||
17 | extent that USEPA or any court of competent
jurisdiction stays | ||||||
18 | the applicability of any provision of the NOx SIP Call to
any | ||||||
19 | person or circumstance relating to Illinois, during the period | ||||||
20 | of that
stay, the effectiveness of the corresponding Illinois | ||||||
21 | provision shall be
stayed. To the extent that the invalidity | ||||||
22 | of the particular requirement or
application does not affect
| ||||||
23 | other provisions or applications of the NOx SIP Call pursuant | ||||||
24 | to 40 CFR 51.121
or the NOx trading program pursuant to 40 CFR | ||||||
25 | Part 96 or 40 CFR Part 97, this
Section, and rules or | ||||||
26 | regulations promulgated hereunder, will be given
effect |
| |||||||
| |||||||
1 | without the invalid provisions or applications.
| ||||||
2 | (h) Notwithstanding any other provision of this Act, any | ||||||
3 | source or other
authorized person that participates in the NOx | ||||||
4 | Trading Program shall be
eligible to exchange NOx allowances | ||||||
5 | with other sources in accordance with
this Section and with | ||||||
6 | regulations promulgated by the Board or the Agency.
| ||||||
7 | (i) (Blank). There is hereby created within the State | ||||||
8 | Treasury an interest-bearing
special fund to be known as the | ||||||
9 | NOx Trading System Fund. Moneys generated
from the sale of NOx | ||||||
10 | allowances from the New Source Set Aside or the sale of
| ||||||
11 | allowances pursuant to subsection (d-5) of this Section shall | ||||||
12 | be deposited into
the Fund. This Fund shall be used
and | ||||||
13 | administered by the Agency for the purposes stated below:
| ||||||
14 | (1) To accept funds from persons who purchase NOx | ||||||
15 | allowances from the
New Source Set Aside from the
Agency;
| ||||||
16 | (2) To disburse the proceeds of the sale of the NOx
| ||||||
17 | allowances from the New Source Set Aside, to the extent | ||||||
18 | that proceeds remain
after the Agency has recouped the | ||||||
19 | reasonable costs incurred by the Agency in
the | ||||||
20 | administration of the NOx SIP Call Program, pro-rata to | ||||||
21 | the
owners or operators of the EGUs that received
| ||||||
22 | allowances from the Agency but not from the Agency's New | ||||||
23 | Source Set Aside, in accordance
with regulations that may | ||||||
24 | be promulgated by the Agency; and
| ||||||
25 | (3) To finance the reasonable costs incurred by the | ||||||
26 | Agency in the
administration of the NOx SIP Call Program.
|
| |||||||
| |||||||
1 | (j) Moneys generated from the sale of early reduction | ||||||
2 | credits
shall be deposited into the Clean Air Act Permit Fund | ||||||
3 | created pursuant to
Section 39.5(18)(d) of this Act, and the | ||||||
4 | proceeds
shall be used and administered by the Agency to | ||||||
5 | finance the costs associated
with the Clean Air Act Permit | ||||||
6 | Program.
| ||||||
7 | (Source: P.A. 92-12, eff. 7-1-01; 92-279, eff. 8-7-01; 93-669, | ||||||
8 | eff. 3-19-04.)
| ||||||
9 | (415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
| ||||||
10 | Sec. 22.8. Environmental Protection Permit and Inspection | ||||||
11 | Fund.
| ||||||
12 | (a) There is hereby created in the State Treasury a | ||||||
13 | special fund to be known
as the Environmental Protection | ||||||
14 | Permit and Inspection Fund. All fees collected
by the Agency | ||||||
15 | pursuant to this Section, Section 9.6, 12.2, 16.1, 56.4, 56.5, | ||||||
16 | 56.6, and subsection (f) of Section 5 of this
Act, or pursuant | ||||||
17 | to Section 22 of the Public Water Supply Operations Act or | ||||||
18 | Section 1011 of the Solid Waste Site Operator Certification | ||||||
19 | Law, as well as
funds collected under subsection (b.5) of | ||||||
20 | Section 42 of this Act,
shall be deposited into the Fund. In | ||||||
21 | addition to any monies appropriated
from the General Revenue | ||||||
22 | Fund, monies in the Fund shall be appropriated
by the General | ||||||
23 | Assembly to the Agency in amounts deemed necessary for
| ||||||
24 | manifest, permit, and inspection activities and for performing | ||||||
25 | its functions, powers, and duties under the Solid Waste Site |
| |||||||
| |||||||
1 | Operator Certification Law.
| ||||||
2 | The General Assembly may appropriate monies in the Fund | ||||||
3 | deemed necessary
for Board regulatory and adjudicatory | ||||||
4 | proceedings.
| ||||||
5 | (a-5) (Blank). As soon as practicable after the effective | ||||||
6 | date of this amendatory Act of the 98th General Assembly, but | ||||||
7 | no later than January 1, 2014, the State Comptroller shall | ||||||
8 | direct and the State Treasurer shall transfer all monies in | ||||||
9 | the Industrial Hygiene Regulatory and Enforcement Fund to the | ||||||
10 | Environmental Protection Permit and Inspection Fund to be used | ||||||
11 | in accordance with the terms of the Environmental Protection | ||||||
12 | Permit and Inspection Fund. | ||||||
13 | (a-6) (Blank). As soon as practicable after the effective | ||||||
14 | date of this amendatory Act of the 98th General Assembly, but | ||||||
15 | no later than December 31, 2014, the State Comptroller shall | ||||||
16 | order the transfer of, and the State Treasurer shall transfer, | ||||||
17 | all moneys in the Hazardous Waste Occupational Licensing Fund | ||||||
18 | into the Environmental Protection Permit and Inspection Fund | ||||||
19 | to be used in accordance with the terms of the Environmental | ||||||
20 | Protection Permit and Inspection Fund. | ||||||
21 | (b) The Agency shall collect from the
owner or operator of | ||||||
22 | any of the following types of hazardous waste disposal
sites | ||||||
23 | or management facilities which require a RCRA permit under | ||||||
24 | subsection
(f) of Section 21 of this Act, or a UIC permit under | ||||||
25 | subsection (g) of Section
12 of this Act, an annual fee in the | ||||||
26 | amount of:
|
| |||||||
| |||||||
1 | (1) $35,000 ($70,000 beginning in 2004)
for a | ||||||
2 | hazardous waste disposal site receiving hazardous
waste if | ||||||
3 | the hazardous waste disposal site is located off the site | ||||||
4 | where
such waste was produced;
| ||||||
5 | (2) $9,000 ($18,000 beginning in 2004)
for a hazardous | ||||||
6 | waste disposal site receiving hazardous waste
if the | ||||||
7 | hazardous waste disposal site is located on the site where | ||||||
8 | such
waste was produced;
| ||||||
9 | (3) $7,000 ($14,000 beginning in 2004)
for a hazardous | ||||||
10 | waste disposal site receiving hazardous waste
if the | ||||||
11 | hazardous waste disposal site is an underground injection | ||||||
12 | well;
| ||||||
13 | (4) $2,000 ($4,000 beginning in 2004)
for a hazardous | ||||||
14 | waste management facility treating
hazardous waste by | ||||||
15 | incineration;
| ||||||
16 | (5) $1,000 ($2,000 beginning in 2004)
for a hazardous | ||||||
17 | waste management facility treating hazardous
waste by a | ||||||
18 | method, technique or process other than incineration;
| ||||||
19 | (6) $1,000 ($2,000 beginning in 2004)
for a hazardous | ||||||
20 | waste management facility storing hazardous
waste in a | ||||||
21 | surface impoundment or pile;
| ||||||
22 | (7) $250 ($500 beginning in 2004)
for a hazardous | ||||||
23 | waste management facility storing hazardous
waste other | ||||||
24 | than in a surface impoundment or pile; and
| ||||||
25 | (8) Beginning in 2004, $500 for a large quantity | ||||||
26 | hazardous waste
generator required to submit an annual or |
| |||||||
| |||||||
1 | biennial report for hazardous waste
generation.
| ||||||
2 | (c) Where two or more operational units are located within | ||||||
3 | a single
hazardous waste disposal site, the Agency shall | ||||||
4 | collect from the owner or
operator of such site an annual fee | ||||||
5 | equal to the highest fee imposed by
subsection (b) of this | ||||||
6 | Section upon any single operational unit within the
site.
| ||||||
7 | (d) The fee imposed upon a hazardous waste disposal site | ||||||
8 | under this
Section shall be the exclusive permit and | ||||||
9 | inspection fee applicable to
hazardous waste disposal at such | ||||||
10 | site, provided that nothing in this
Section shall be construed | ||||||
11 | to diminish or otherwise affect any fee imposed
upon the owner | ||||||
12 | or operator of a hazardous waste disposal site by Section | ||||||
13 | 22.2.
| ||||||
14 | (e) The Agency shall establish procedures, no later than | ||||||
15 | December 1,
1984, relating to the collection of the hazardous | ||||||
16 | waste disposal site
fees authorized by this Section. Such | ||||||
17 | procedures shall include, but not be
limited to the time and | ||||||
18 | manner of payment of fees to the Agency, which
shall be | ||||||
19 | quarterly, payable at the beginning of each quarter for | ||||||
20 | hazardous
waste disposal site fees. Annual fees required under | ||||||
21 | paragraph (7) of
subsection (b) of this Section shall | ||||||
22 | accompany the annual report required
by Board regulations for | ||||||
23 | the calendar year for which the report applies.
| ||||||
24 | (f) For purposes of this Section, a hazardous waste | ||||||
25 | disposal site
consists of one or more of the following | ||||||
26 | operational units:
|
| |||||||
| |||||||
1 | (1) a landfill receiving hazardous waste for disposal;
| ||||||
2 | (2) a waste pile or surface impoundment, receiving | ||||||
3 | hazardous waste, in
which residues which exhibit any of | ||||||
4 | the characteristics of hazardous waste
pursuant to Board | ||||||
5 | regulations are reasonably expected to remain after | ||||||
6 | closure;
| ||||||
7 | (3) a land treatment facility receiving hazardous | ||||||
8 | waste; or
| ||||||
9 | (4) a well injecting hazardous waste.
| ||||||
10 | (g) The Agency shall assess a fee for each manifest | ||||||
11 | provided by the
Agency. For manifests provided on or after | ||||||
12 | January 1, 1989 but before July 1,
2003, the fee shall be $1 | ||||||
13 | per manifest. For manifests provided on or after
July 1, 2003, | ||||||
14 | the fee shall be $3 per manifest.
| ||||||
15 | (Source: P.A. 98-78, eff. 7-15-13; 98-692, eff. 7-1-14; | ||||||
16 | 98-822, eff. 8-1-14.)
| ||||||
17 | Section 20-75. The Toxic Pollution Prevention Act is | ||||||
18 | amended by changing Section 5 as follows:
| ||||||
19 | (415 ILCS 85/5) (from Ch. 111 1/2, par. 7955)
| ||||||
20 | Sec. 5. Toxic Pollution Prevention Assistance Program. | ||||||
21 | There is
hereby established a Toxic Pollution Prevention | ||||||
22 | Assistance Program at the Illinois Sustainable Technology
| ||||||
23 | Center. The Center may establish
cooperative programs with | ||||||
24 | public and private colleges and universities
designed to |
| |||||||
| |||||||
1 | augment the implementation of this Section. The Center may
| ||||||
2 | establish fees, tuition, or other financial charges for | ||||||
3 | participation in
the Assistance Program. These monies shall be | ||||||
4 | deposited in the Toxic
Pollution Prevention Fund established | ||||||
5 | in Section 7 of this Act. Through the
Assistance Program, the | ||||||
6 | Center:
| ||||||
7 | (1) Shall provide general information about and | ||||||
8 | actively publicize the
advantages of and developments in | ||||||
9 | toxic pollution prevention and sustainability practices.
| ||||||
10 | (2) May establish courses, seminars, conferences and | ||||||
11 | other events, and
reports, updates, guides and other | ||||||
12 | publications and other means of
providing technical | ||||||
13 | information for industries, local governments and
citizens | ||||||
14 | concerning toxic pollution prevention strategies, and may, | ||||||
15 | as
appropriate, work in cooperation with the Agency.
| ||||||
16 | (3) Shall engage in research on toxic pollution | ||||||
17 | prevention
methods. Such research shall include | ||||||
18 | assessments of the impact
of adopting toxic pollution | ||||||
19 | prevention methods on the environment, the
public health, | ||||||
20 | and worker exposure, and assessments of the impact on
| ||||||
21 | profitability and employment within affected industries.
| ||||||
22 | (4) Shall provide on-site technical
consulting, to the | ||||||
23 | extent practicable, to help facilities to
identify | ||||||
24 | opportunities for toxic pollution prevention, and to | ||||||
25 | develop
comprehensive toxic pollution prevention plans | ||||||
26 | that would include water, energy, and solid waste. To be |
| |||||||
| |||||||
1 | eligible for such
consulting, the owner or operator of a | ||||||
2 | facility must agree to allow
information regarding the | ||||||
3 | results of such consulting to be shared with the
public, | ||||||
4 | provided that the identity of the facility shall be made | ||||||
5 | available only
with its consent, and trade secret | ||||||
6 | information shall remain protected.
| ||||||
7 | (5) May sponsor pilot projects in cooperation with the
| ||||||
8 | Agency, or an institute of higher education to develop
and | ||||||
9 | demonstrate innovative technologies and methods for toxic | ||||||
10 | pollution
prevention and sustainable development. The | ||||||
11 | results of all such projects shall be available for use by
| ||||||
12 | the public, but trade secret information shall remain | ||||||
13 | protected.
| ||||||
14 | (6) May award grants for activities that further the | ||||||
15 | purposes of this
Act, including but not limited to the | ||||||
16 | following:
| ||||||
17 | (A) grants to not-for-profit organizations to | ||||||
18 | establish free or
low-cost technical assistance or | ||||||
19 | educational programs to supplement the
toxic pollution | ||||||
20 | prevention activities of the Center;
| ||||||
21 | (B) grants to assist trade associations, business | ||||||
22 | organizations, labor
organizations and educational | ||||||
23 | institutions in developing training materials
to | ||||||
24 | foster toxic pollution prevention; and
| ||||||
25 | (C) grants to assist industry, business | ||||||
26 | organizations, labor
organizations, education |
| |||||||
| |||||||
1 | institutions and industrial hygienists to
identify, | ||||||
2 | evaluate and implement toxic pollution prevention | ||||||
3 | measures and
alternatives through audits, plans and | ||||||
4 | programs.
| ||||||
5 | The Center may establish criteria and terms for such | ||||||
6 | grants, including a
requirement that a grantee provide | ||||||
7 | matching funds. Grant money awarded
under this Section may | ||||||
8 | not be spent for capital improvements or equipment.
| ||||||
9 | In determining whether to award a grant, the Center | ||||||
10 | shall
consider at least the following:
| ||||||
11 | (i) the potential of the project to prevent | ||||||
12 | pollution;
| ||||||
13 | (ii) the likelihood that the project will develop | ||||||
14 | techniques or
processes that will minimize the | ||||||
15 | transfer of pollution from one
environmental medium to | ||||||
16 | another;
| ||||||
17 | (iii) the extent to which information to be | ||||||
18 | developed through the
project will be applicable to | ||||||
19 | other persons in the State; and
| ||||||
20 | (iv) the willingness of the grant applicant to | ||||||
21 | assist the Center in
disseminating information about | ||||||
22 | the pollution prevention methods to be
developed | ||||||
23 | through the project.
| ||||||
24 | (7) Shall establish and operate a State information | ||||||
25 | clearinghouse
that
assembles, catalogues and disseminates | ||||||
26 | information about toxic pollution
prevention and available |
| |||||||
| |||||||
1 | consultant services. Such clearinghouse shall
include a | ||||||
2 | computer database containing information on managerial, | ||||||
3 | technical
and operational approaches to achieving toxic | ||||||
4 | pollution prevention. The
computer database must be | ||||||
5 | maintained on a system designed to enable
businesses, | ||||||
6 | governmental agencies and the general public readily to | ||||||
7 | obtain
information specific to production technologies, | ||||||
8 | materials, operations and
products. A business shall not | ||||||
9 | be required to submit to the clearinghouse
any information | ||||||
10 | that is a trade secret.
| ||||||
11 | (8) May contract with an established institution of | ||||||
12 | higher education
to assist the Center in carrying out the | ||||||
13 | provisions of this Section. The
assistance provided by | ||||||
14 | such an institution may include, but need not be
limited | ||||||
15 | to:
| ||||||
16 | (A) engineering field internships to assist | ||||||
17 | industries in
identifying
toxic pollution prevention | ||||||
18 | opportunities;
| ||||||
19 | (B) development of a toxic pollution prevention | ||||||
20 | curriculum for
students and faculty; and
| ||||||
21 | (C) applied toxic pollution prevention and | ||||||
22 | recycling research.
| ||||||
23 | (9) Shall emphasize assistance to businesses that have | ||||||
24 | inadequate
technical and financial resources to obtain | ||||||
25 | information and to assess and
implement toxic pollution | ||||||
26 | prevention methods.
|
| |||||||
| |||||||
1 | (10) Shall publish a biannual report on its toxic | ||||||
2 | pollution
prevention and sustainable development | ||||||
3 | activities, achievements, identified problems and future | ||||||
4 | goals.
| ||||||
5 | (Source: P.A. 98-346, eff. 8-14-13.)
| ||||||
6 | Section 20-80. The Illinois Endangered Species Protection | ||||||
7 | Act is amended by changing Section 10 as follows:
| ||||||
8 | (520 ILCS 10/10) (from Ch. 8, par. 340)
| ||||||
9 | Sec. 10.
The Endangered and Threatened Species Program | ||||||
10 | shall be
located within the Department of Conservation . All | ||||||
11 | fines collected under
this Act shall be paid to the State
| ||||||
12 | Treasurer and deposited in the Illinois Wildlife Preservation | ||||||
13 | Nongame Wildlife Conservation Fund.
| ||||||
14 | (Source: P.A. 84-1065.)
| ||||||
15 | Section 20-85. The Illinois Vehicle Code is amended by | ||||||
16 | changing Section 11-1429 as follows: | ||||||
17 | (625 ILCS 5/11-1429) | ||||||
18 | Sec. 11-1429. Excessive idling. | ||||||
19 | (a) The purpose of this law is to protect public health and | ||||||
20 | the environment by reducing emissions while conserving fuel | ||||||
21 | and maintaining adequate rest and safety of all drivers of | ||||||
22 | diesel vehicles. |
| |||||||
| |||||||
1 | (b) As used in this Section, "affected areas" means the | ||||||
2 | counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, | ||||||
3 | St. Clair, and Monroe and the townships of Aux Sable and Goose | ||||||
4 | Lake in Grundy County and the township of Oswego in Kendall | ||||||
5 | County. | ||||||
6 | (c) A person that operates a motor
vehicle operating on | ||||||
7 | diesel fuel in an affected area may not cause or allow the
| ||||||
8 | motor vehicle, when it is not in motion, to idle for more than
| ||||||
9 | a total of 10 minutes within any 60 minute period, except under | ||||||
10 | the following circumstances:
| ||||||
11 | (1) the motor vehicle has a Gross Vehicle Weight | ||||||
12 | Rating
of less than 8,000 pounds;
| ||||||
13 | (2) the motor vehicle idles while forced to remain | ||||||
14 | motionless because of on-highway traffic, an official | ||||||
15 | traffic control device or signal, or at the direction of a | ||||||
16 | law enforcement official;
| ||||||
17 | (3) the motor vehicle idles when operating defrosters, | ||||||
18 | heaters, air conditioners, or other equipment solely to | ||||||
19 | prevent a safety or health emergency;
| ||||||
20 | (4) a police, fire, ambulance, public safety, other | ||||||
21 | emergency or law enforcement motor vehicle, or any motor | ||||||
22 | vehicle used in an emergency capacity, idles while in an | ||||||
23 | emergency or training mode and not for the convenience of | ||||||
24 | the vehicle operator;
| ||||||
25 | (5) the primary propulsion engine idles for | ||||||
26 | maintenance, servicing, repairing, or diagnostic purposes |
| |||||||
| |||||||
1 | if idling is necessary for such activity;
| ||||||
2 | (6) a motor vehicle idles as part of a government | ||||||
3 | inspection to verify that all equipment is in good working | ||||||
4 | order, provided idling is required as part of the | ||||||
5 | inspection;
| ||||||
6 | (7) when idling of the motor vehicle is required to | ||||||
7 | operate auxiliary equipment to accomplish the intended use | ||||||
8 | of the vehicle (such as loading, unloading, mixing, or | ||||||
9 | processing cargo; controlling cargo temperature; | ||||||
10 | construction operations; lumbering operations; oil or gas | ||||||
11 | well servicing; or farming operations), provided that this | ||||||
12 | exemption does not apply when the vehicle is idling solely | ||||||
13 | for cabin comfort or to operate non-essential equipment | ||||||
14 | such as air conditioning, heating, microwave ovens, or | ||||||
15 | televisions;
| ||||||
16 | (8) an armored motor vehicle idles when a person | ||||||
17 | remains inside the vehicle to guard the contents, or while | ||||||
18 | the vehicle is being loaded or unloaded;
| ||||||
19 | (9) a bus idles a maximum of 15 minutes in any 60 | ||||||
20 | minute period to maintain passenger comfort while | ||||||
21 | non-driver passengers are on board;
| ||||||
22 | (10) if the motor vehicle has a sleeping berth, when | ||||||
23 | the operator is occupying the vehicle during a rest or | ||||||
24 | sleep period and idling of the vehicle is required to | ||||||
25 | operate air conditioning or heating;
| ||||||
26 | (11) when the motor vehicle idles due to mechanical |
| |||||||
| |||||||
1 | difficulties over which the operator has no control;
| ||||||
2 | (12) the motor vehicle is used as airport ground | ||||||
3 | support
equipment, including, but not limited to, motor | ||||||
4 | vehicles
operated on the air side of the airport terminal | ||||||
5 | to service
or supply aircraft;
| ||||||
6 | (13) the motor vehicle is (i) a bus owned by a public
| ||||||
7 | transit authority and (ii) being operated on a designated
| ||||||
8 | bus route or on a street or highway between designated bus
| ||||||
9 | routes for the provision of public transportation;
| ||||||
10 | (14) the motor vehicle is an implement of husbandry
| ||||||
11 | exempt from registration under subdivision A(2) of Section
| ||||||
12 | 3-402 of this Code;
| ||||||
13 | (15) the motor vehicle is owned by an electric utility | ||||||
14 | and is operated for electricity generation or hydraulic | ||||||
15 | pressure to power equipment necessary in the restoration, | ||||||
16 | repair, modification or installation of electric utility | ||||||
17 | service; | ||||||
18 | (16) the outdoor temperature is less than 32 degrees | ||||||
19 | Fahrenheit or greater than 80 degrees Fahrenheit; or | ||||||
20 | (17) the motor vehicle idles while being operated by a | ||||||
21 | remote starter system. | ||||||
22 | (d) When the outdoor temperature is 32 degrees Fahrenheit | ||||||
23 | or higher and 80 degrees Fahrenheit or lower, a person who | ||||||
24 | operates a motor vehicle operating on diesel fuel in an | ||||||
25 | affected area may not cause or allow the motor vehicle to idle | ||||||
26 | for a period greater than 30 minutes in any 60 minute period |
| |||||||
| |||||||
1 | while waiting to weigh, load, or unload cargo or freight, | ||||||
2 | unless the vehicle is in a line of vehicles that regularly and | ||||||
3 | periodically moves forward.
| ||||||
4 | (e) This Section does not prohibit the operation of an | ||||||
5 | auxiliary power unit or generator set as an alternative to | ||||||
6 | idling the main engine of a motor vehicle operating on diesel | ||||||
7 | fuel.
| ||||||
8 | (f) This Section does not apply to the owner of a motor | ||||||
9 | vehicle rented or leased to another entity or person operating | ||||||
10 | the vehicle. | ||||||
11 | (g) Any person convicted of any violation of this Section | ||||||
12 | is guilty of
a petty offense and shall be fined $90 for the | ||||||
13 | first
conviction and $500 for a second or subsequent | ||||||
14 | conviction
within any 12 month period.
| ||||||
15 | (h) Fines; distribution. All fines and all penalties | ||||||
16 | collected under this Section shall be deposited in the State | ||||||
17 | Treasury and shall be distributed as follows: (i) $50 for the | ||||||
18 | first conviction and $150 for a second or subsequent | ||||||
19 | conviction within any 12 month period under this Section shall | ||||||
20 | be deposited into the State's General Revenue Fund; (ii) $20 | ||||||
21 | for the first conviction and $262.50 for a second or | ||||||
22 | subsequent conviction within any 12 month period under this | ||||||
23 | Section shall be distributed to the law enforcement agency | ||||||
24 | that issued the citation; and (iii) $20 for the first | ||||||
25 | conviction and $87.50 for a second or subsequent conviction | ||||||
26 | within any 12 month period under this Section shall be |
| |||||||
| |||||||
1 | deposited into the Vehicle Inspection Trucking Environmental | ||||||
2 | and Education Fund. | ||||||
3 | (i) (Blank). The Trucking Environmental and Education Fund | ||||||
4 | is created as a special fund in the State Treasury. All money | ||||||
5 | deposited into the Trucking Environmental and Education Fund | ||||||
6 | shall be paid, subject to appropriation by the General | ||||||
7 | Assembly, to the Illinois Environmental Protection Agency for | ||||||
8 | the purpose of educating the trucking industry on air | ||||||
9 | pollution and preventative measures specifically related to | ||||||
10 | idling. Any interest earned on deposits into the Fund shall | ||||||
11 | remain in the Fund and be used for the purposes set forth in | ||||||
12 | this subsection. Notwithstanding any other law to the | ||||||
13 | contrary, the Fund is not subject to administrative charges or | ||||||
14 | charge-backs that would in any way transfer moneys from the | ||||||
15 | Fund into any other fund of the State. | ||||||
16 | (j) Notwithstanding any other provision of this Section, a | ||||||
17 | person who operates a motor vehicle with a gross vehicle | ||||||
18 | weight rating of 8,000 pounds or more operating on diesel fuel | ||||||
19 | on property that (i) offers paid parking services to vehicle | ||||||
20 | owners, (ii) does not involve fuel dispensing, and (iii) is | ||||||
21 | located in an affected area within a county of over 3 million | ||||||
22 | residents but outside of a municipality of over 2 million | ||||||
23 | residents may not cause or allow the motor vehicle, when it is | ||||||
24 | not in motion, to idle for more than a total of 10 minutes | ||||||
25 | within any 60-minute period under any circumstances if the | ||||||
26 | vehicle is within 200 feet of a residential area. This Section |
| |||||||
| |||||||
1 | may be enforced by either the law enforcement agency having | ||||||
2 | jurisdiction over the residential area or the law enforcement | ||||||
3 | agency having jurisdiction over the property on which the | ||||||
4 | violation took place. This subsection does not apply to: | ||||||
5 | (1) school buses; | ||||||
6 | (2) waste hauling vehicles; | ||||||
7 | (3) facilities operated by the Department of | ||||||
8 | Transportation; | ||||||
9 | (4) vehicles owned by a public utility and operated to | ||||||
10 | power equipment necessary in the restoration, repair, | ||||||
11 | modification, or installation of a utility service; or | ||||||
12 | (5) ambulances. | ||||||
13 | (Source: P.A. 100-435, eff. 8-25-17; 101-319, eff. 1-1-20 .) | ||||||
14 | Section 20-90. The Unified Code of Corrections is amended | ||||||
15 | by changing Section 5-9-1.8 as follows:
| ||||||
16 | (730 ILCS 5/5-9-1.8)
| ||||||
17 | Sec. 5-9-1.8. Child pornography fines. Beginning July 1, | ||||||
18 | 2006, 100% of the fines in
excess of $10,000 collected for | ||||||
19 | violations of Section 11-20.1 of the Criminal
Code of 1961 or | ||||||
20 | the Criminal Code of 2012 shall be deposited into the Child | ||||||
21 | Abuse Prevention Fund that is
created in the State Treasury . | ||||||
22 | Moneys in the Fund resulting from the fines
shall be for the | ||||||
23 | use of the
Department of Children and Family Services for | ||||||
24 | grants to private entities
giving treatment and counseling to |
| |||||||
| |||||||
1 | victims of child sexual abuse. | ||||||
2 | Notwithstanding any other provision of law, in addition to | ||||||
3 | any other transfers that may be provided by law, on July 1, | ||||||
4 | 2006, or as soon thereafter as practical, the State | ||||||
5 | Comptroller shall direct and the State Treasurer shall | ||||||
6 | transfer the remaining balance from the Child Sexual Abuse | ||||||
7 | Fund into the Child Abuse Prevention Fund. Upon completion of | ||||||
8 | the transfer, the Child Sexual Abuse Fund is dissolved, and | ||||||
9 | any future deposits due to that Fund and any outstanding | ||||||
10 | obligations or liabilities of the Fund pass to the Child Abuse | ||||||
11 | Prevention Fund.
| ||||||
12 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
13 | Section 20-95. The Franchise Tax and License Fee Amnesty | ||||||
14 | Act of 2007 is amended by changing Section 5-10 as follows: | ||||||
15 | (805 ILCS 8/5-10)
| ||||||
16 | Sec. 5-10. Amnesty program. The Secretary shall establish | ||||||
17 | an amnesty program for all taxpayers owing any franchise tax | ||||||
18 | or license fee imposed by Article XV of the Business | ||||||
19 | Corporation Act of 1983. The amnesty program shall be for a | ||||||
20 | period from February 1, 2008 through March 15, 2008. The | ||||||
21 | amnesty program shall also be for a period between October 1, | ||||||
22 | 2019 and November 15, 2019, and shall apply to franchise tax or | ||||||
23 | license fee liabilities for any tax period ending after March | ||||||
24 | 15, 2008 and on or before June 30, 2019. The amnesty program |
| |||||||
| |||||||
1 | shall provide that, upon payment by a taxpayer of all | ||||||
2 | franchise taxes and license fees due from that taxpayer to the | ||||||
3 | State of Illinois for any taxable period, the Secretary shall | ||||||
4 | abate and not seek to collect any interest or penalties that | ||||||
5 | may be applicable, and the Secretary shall not seek civil or | ||||||
6 | criminal prosecution for any taxpayer for the period of time | ||||||
7 | for which amnesty has been granted to the taxpayer. Failure to | ||||||
8 | pay all taxes due to the State for a taxable period shall not | ||||||
9 | invalidate any amnesty granted under this Act with respect to | ||||||
10 | the taxes paid pursuant to the amnesty program. Amnesty shall | ||||||
11 | be granted only if all amnesty conditions are satisfied by the | ||||||
12 | taxpayer. Amnesty shall not be granted to taxpayers who are a | ||||||
13 | party to any criminal investigation or to any civil or | ||||||
14 | criminal litigation that is pending in any circuit court or | ||||||
15 | appellate court or the Supreme Court of this State for | ||||||
16 | nonpayment, delinquency, or fraud in relation to any franchise | ||||||
17 | tax or license fee imposed by Article XV of the Business | ||||||
18 | Corporation Act of 1983. Voluntary payments made under this | ||||||
19 | Act shall be made by check, guaranteed remittance, or ACH | ||||||
20 | debit. The Secretary shall adopt rules as necessary to | ||||||
21 | implement the provisions of this Act. Except as otherwise | ||||||
22 | provided in this Section, all money collected under this Act | ||||||
23 | that would otherwise be deposited into the General Revenue | ||||||
24 | Fund shall be deposited into the General Revenue Fund. Two | ||||||
25 | percent of all money collected under this Act shall be | ||||||
26 | deposited by the State Treasurer into the Department of |
| |||||||
| |||||||
1 | Business Services Special Operations Fund and, subject to | ||||||
2 | appropriation, shall be used by the Secretary to cover costs | ||||||
3 | associated with the administration of this Act.
| ||||||
4 | (Source: P.A. 101-9, eff. 6-5-19; 101-604, eff. 12-13-19.) | ||||||
5 | Section 20-100. The Consumer Fraud and Deceptive Business | ||||||
6 | Practices Act is amended by changing Section 7 as follows:
| ||||||
7 | (815 ILCS 505/7) (from Ch. 121 1/2, par. 267)
| ||||||
8 | Sec. 7. Injunctive relief; restitution; and civil | ||||||
9 | penalties.
| ||||||
10 | (a) Whenever the Attorney General or a State's Attorney | ||||||
11 | has reason to
believe that any person is using, has used, or is | ||||||
12 | about to use any method,
act or practice declared by this Act | ||||||
13 | to be
unlawful, and that proceedings would be in the public | ||||||
14 | interest, he or she
may bring an action in the name of the | ||||||
15 | People of the State against
such person to restrain by | ||||||
16 | preliminary or permanent injunction the use of
such method, | ||||||
17 | act or practice. The Court, in its discretion, may exercise
| ||||||
18 | all powers necessary, including but not limited to: | ||||||
19 | injunction;
revocation, forfeiture or suspension of any | ||||||
20 | license, charter, franchise,
certificate or other evidence of | ||||||
21 | authority of any person to do business in
this State; | ||||||
22 | appointment of a receiver; dissolution of domestic | ||||||
23 | corporations
or association suspension or termination of the | ||||||
24 | right of foreign
corporations or associations to do business |
| |||||||
| |||||||
1 | in this State; and restitution.
| ||||||
2 | (b) In addition to the remedies provided herein, the | ||||||
3 | Attorney General or
State's Attorney may request and the Court | ||||||
4 | may impose a civil penalty in a sum
not to exceed $50,000 | ||||||
5 | against any person found by the Court to have engaged in
any | ||||||
6 | method, act or practice declared unlawful under this Act.
In | ||||||
7 | the event the court finds the method, act or practice to have | ||||||
8 | been entered
into with the intent to defraud, the court has the | ||||||
9 | authority to impose a
civil penalty in a sum not to exceed | ||||||
10 | $50,000 per violation.
| ||||||
11 | (c) In addition to any other civil penalty provided in | ||||||
12 | this Section, if a
person is found by the court to have engaged | ||||||
13 | in any method, act, or practice
declared unlawful under this | ||||||
14 | Act, and the violation was committed against a
person 65 years | ||||||
15 | of age or older, the court may impose an additional civil
| ||||||
16 | penalty not to exceed $10,000 for each violation.
| ||||||
17 | A civil penalty imposed under this subsection (c) shall be | ||||||
18 | paid to the
State Treasurer
who shall deposit the money in the | ||||||
19 | State treasury in a special fund designated
the Department on | ||||||
20 | Aging State Projects Elderly Victim Fund. The Treasurer shall | ||||||
21 | deposit such moneys into the
Fund monthly. All of the moneys | ||||||
22 | deposited into the Fund shall be appropriated
to the | ||||||
23 | Department on Aging for grants to senior centers in Illinois.
| ||||||
24 | An award of restitution under subsection (a) has priority | ||||||
25 | over a civil
penalty
imposed by the court under this | ||||||
26 | subsection.
|
| |||||||
| |||||||
1 | In determining whether to impose a civil penalty under | ||||||
2 | this subsection
and the amount of any penalty, the court shall | ||||||
3 | consider the following:
| ||||||
4 | (1) Whether the defendant's conduct was in willful | ||||||
5 | disregard of the rights
of the person 65 years of age or | ||||||
6 | older.
| ||||||
7 | (2) Whether the defendant knew or should have known | ||||||
8 | that the defendant's
conduct was directed to a person 65 | ||||||
9 | years of age or older.
| ||||||
10 | (3) Whether the person 65 years of age or older was | ||||||
11 | substantially more
vulnerable to the defendant's conduct | ||||||
12 | because of age, poor health, infirmity,
impaired | ||||||
13 | understanding, restricted mobility, or disability, than | ||||||
14 | other persons.
| ||||||
15 | (4) Any other factors the court deems appropriate.
| ||||||
16 | (d) This Section applies if: (i) a court orders a party to | ||||||
17 | make payments
to the Attorney General and the payments are to | ||||||
18 | be used for the operations of
the Office of the Attorney | ||||||
19 | General or (ii) a party agrees, in an Assurance of
Voluntary | ||||||
20 | Compliance under this Act, to make payments to the Attorney | ||||||
21 | General
for the operations of the Office of the Attorney | ||||||
22 | General.
| ||||||
23 | (e) Moneys paid under any of the conditions described in | ||||||
24 | subsection (d)
shall be deposited into the Attorney General | ||||||
25 | Court Ordered and Voluntary
Compliance Payment Projects Fund, | ||||||
26 | which is created as a special fund in the
State Treasury. |
| |||||||
| |||||||
1 | Moneys in the Fund shall be used, subject to appropriation,
| ||||||
2 | for the performance of any function pertaining to the exercise | ||||||
3 | of the duties of
the Attorney General including but not | ||||||
4 | limited to enforcement of any law of
this State and conducting | ||||||
5 | public education programs; however, any moneys in the
Fund | ||||||
6 | that are required by the court or by an agreement to be used | ||||||
7 | for a
particular purpose shall be used for that purpose.
| ||||||
8 | (Source: P.A. 93-246, eff. 7-22-03.)
| ||||||
9 | ARTICLE 25. FINANCE-SPECIAL FUNDS REPEAL
| ||||||
10 | (20 ILCS 690/Act rep.)
| ||||||
11 | Section 25-5. The Rural Diversification Act is repealed.
| ||||||
12 | (20 ILCS 1305/10-20 rep.)
| ||||||
13 | Section 25-10. The Department of Human Services Act is | ||||||
14 | amended by repealing Section 10-20.
| ||||||
15 | (20 ILCS 2310/2310-370 rep.)
| ||||||
16 | Section 25-15. The Department of Public Health Powers and | ||||||
17 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
18 | amended by repealing Section 2310-370. | ||||||
19 | (20 ILCS 2705/2705-610 rep.) | ||||||
20 | Section 25-20. The Department of Transportation Law of the
| ||||||
21 | Civil Administrative Code of Illinois is amended by repealing |
| |||||||
| |||||||
1 | Section 2705-610.
| ||||||
2 | (20 ILCS 3930/9.2 rep.)
| ||||||
3 | Section 25-25. The Illinois Criminal Justice Information | ||||||
4 | Act is amended by repealing Section 9.2.
| ||||||
5 | (30 ILCS 105/5.216 rep.)
| ||||||
6 | (30 ILCS 105/5.480 rep.)
| ||||||
7 | (30 ILCS 105/5.502 rep.)
| ||||||
8 | (30 ILCS 105/5.524 rep.)
| ||||||
9 | (30 ILCS 105/5.578 rep.)
| ||||||
10 | (30 ILCS 105/5.638 rep.)
| ||||||
11 | (30 ILCS 105/5.655 rep.)
| ||||||
12 | (30 ILCS 105/5.662 rep.)
| ||||||
13 | (30 ILCS 105/5.718 rep.) | ||||||
14 | (30 ILCS 105/5.732 rep.) | ||||||
15 | (30 ILCS 105/5.838 rep.) | ||||||
16 | (30 ILCS 105/5.917 rep.)
| ||||||
17 | (30 ILCS 105/5.923 rep.)
| ||||||
18 | (30 ILCS 105/5.925 rep.)
| ||||||
19 | (30 ILCS 105/6y rep.)
| ||||||
20 | (30 ILCS 105/6z-68 rep.) | ||||||
21 | (30 ILCS 105/6z-71 rep.)
| ||||||
22 | (30 ILCS 105/8.8b rep.)
| ||||||
23 | (30 ILCS 105/8.23 rep.)
| ||||||
24 | (30 ILCS 105/8.25b rep.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/8.25d rep.)
| ||||||
2 | (30 ILCS 105/8.41 rep.)
| ||||||
3 | (30 ILCS 105/8.42 rep.)
| ||||||
4 | (30 ILCS 105/8.43 rep.) | ||||||
5 | (30 ILCS 105/8.44 rep.) | ||||||
6 | (30 ILCS 105/8.45 rep.) | ||||||
7 | (30 ILCS 105/8.46 rep.) | ||||||
8 | (30 ILCS 105/8.47 rep.) | ||||||
9 | (30 ILCS 105/8.48 rep.) | ||||||
10 | (30 ILCS 105/8.49 rep.) | ||||||
11 | (30 ILCS 105/8.50 rep.) | ||||||
12 | (30 ILCS 105/8.52 rep.) | ||||||
13 | (30 ILCS 105/8.55 rep.)
| ||||||
14 | (30 ILCS 105/8d rep.)
| ||||||
15 | (30 ILCS 105/8e rep.)
| ||||||
16 | (30 ILCS 105/8h rep.)
| ||||||
17 | (30 ILCS 105/8i rep.)
| ||||||
18 | (30 ILCS 105/8m rep.) | ||||||
19 | (30 ILCS 105/8n rep.) | ||||||
20 | (30 ILCS 105/8o rep.) | ||||||
21 | (30 ILCS 105/9.07 rep.) | ||||||
22 | (30 ILCS 105/8r rep.) | ||||||
23 | (30 ILCS 105/14.2 rep.) | ||||||
24 | (30 ILCS 105/24.12 rep.) | ||||||
25 | (30 ILCS 105/24.13 rep.) | ||||||
26 | (30 ILCS 105/25.2 rep.) |
| |||||||
| |||||||
1 | (30 ILCS 105/25.5 rep.) | ||||||
2 | Section 25-30. The State Finance Act is amended by | ||||||
3 | repealing Sections 5.216, 5.480, 5.502, 5.524, 5.578, 5.638, | ||||||
4 | 5.655, 5.662, 5.718, 5.732, 5.838, 5.917, 5.923, 5.925, 6y, | ||||||
5 | 6z-68, 6z-71, 8.8b, 8.23, 8.25b, 8.25d, 8.41, 8.42, 8.43, | ||||||
6 | 8.44, 8.45, 8.46, 8.47, 8.48, 8.49, 8.50, 8.52, 8.55, 8d, 8e, | ||||||
7 | 8h, 8i, 8m, 8n, 8o, 9.07, 8r, 14.2, 24.12, 24.13, 25.2, and | ||||||
8 | 25.5. | ||||||
9 | (30 ILCS 605/8.2 rep.) | ||||||
10 | Section 25-35. The State Property Control Act is amended | ||||||
11 | by repealing Section 8.2. | ||||||
12 | (30 ILCS 750/Art. 3 rep.) | ||||||
13 | Section 25-40. The Build Illinois Act is amended by | ||||||
14 | repealing Article 3.
| ||||||
15 | (415 ILCS 85/7 rep.)
| ||||||
16 | Section 25-45. The Toxic Pollution Prevention Act is | ||||||
17 | amended by repealing Section 7. | ||||||
18 | (430 ILCS 65/5.1 rep.) | ||||||
19 | Section 25-50. The Firearm Owners Identification Card Act | ||||||
20 | is amended by repealing Section 5.1. | ||||||
21 | ARTICLE 30. COMMUNITY CARE PROGRAM |
| |||||||
| |||||||
1 | Section 30-5. The Illinois Act on the Aging is amended by | ||||||
2 | changing Section 4.02 as follows:
| ||||||
3 | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
| ||||||
4 | Sec. 4.02. Community Care Program. The Department shall | ||||||
5 | establish a program of services to
prevent unnecessary | ||||||
6 | institutionalization of persons age 60 and older in
need of | ||||||
7 | long term care or who are established as persons who suffer | ||||||
8 | from
Alzheimer's disease or a related disorder under the | ||||||
9 | Alzheimer's Disease
Assistance Act, thereby enabling them
to | ||||||
10 | remain in their own homes or in other living arrangements. | ||||||
11 | Such
preventive services, which may be coordinated with other | ||||||
12 | programs for the
aged and monitored by area agencies on aging | ||||||
13 | in cooperation with the
Department, may include, but are not | ||||||
14 | limited to, any or all of the following:
| ||||||
15 | (a) (blank);
| ||||||
16 | (b) (blank);
| ||||||
17 | (c) home care aide services;
| ||||||
18 | (d) personal assistant services;
| ||||||
19 | (e) adult day services;
| ||||||
20 | (f) home-delivered meals;
| ||||||
21 | (g) education in self-care;
| ||||||
22 | (h) personal care services;
| ||||||
23 | (i) adult day health services;
| ||||||
24 | (j) habilitation services;
|
| |||||||
| |||||||
1 | (k) respite care;
| ||||||
2 | (k-5) community reintegration services;
| ||||||
3 | (k-6) flexible senior services; | ||||||
4 | (k-7) medication management; | ||||||
5 | (k-8) emergency home response;
| ||||||
6 | (l) other nonmedical social services that may enable | ||||||
7 | the person
to become self-supporting; or
| ||||||
8 | (m) clearinghouse for information provided by senior | ||||||
9 | citizen home owners
who want to rent rooms to or share | ||||||
10 | living space with other senior citizens.
| ||||||
11 | The Department shall establish eligibility standards for | ||||||
12 | such
services. In determining the amount and nature of | ||||||
13 | services
for which a person may qualify, consideration shall | ||||||
14 | not be given to the
value of cash, property or other assets | ||||||
15 | held in the name of the person's
spouse pursuant to a written | ||||||
16 | agreement dividing marital property into equal
but separate | ||||||
17 | shares or pursuant to a transfer of the person's interest in a
| ||||||
18 | home to his spouse, provided that the spouse's share of the | ||||||
19 | marital
property is not made available to the person seeking | ||||||
20 | such services.
| ||||||
21 | Beginning January 1, 2008, the Department shall require as | ||||||
22 | a condition of eligibility that all new financially eligible | ||||||
23 | applicants apply for and enroll in medical assistance under | ||||||
24 | Article V of the Illinois Public Aid Code in accordance with | ||||||
25 | rules promulgated by the Department.
| ||||||
26 | The Department shall, in conjunction with the Department |
| |||||||
| |||||||
1 | of Public Aid (now Department of Healthcare and Family | ||||||
2 | Services),
seek appropriate amendments under Sections 1915 and | ||||||
3 | 1924 of the Social
Security Act. The purpose of the amendments | ||||||
4 | shall be to extend eligibility
for home and community based | ||||||
5 | services under Sections 1915 and 1924 of the
Social Security | ||||||
6 | Act to persons who transfer to or for the benefit of a
spouse | ||||||
7 | those amounts of income and resources allowed under Section | ||||||
8 | 1924 of
the Social Security Act. Subject to the approval of | ||||||
9 | such amendments, the
Department shall extend the provisions of | ||||||
10 | Section 5-4 of the Illinois
Public Aid Code to persons who, but | ||||||
11 | for the provision of home or
community-based services, would | ||||||
12 | require the level of care provided in an
institution, as is | ||||||
13 | provided for in federal law. Those persons no longer
found to | ||||||
14 | be eligible for receiving noninstitutional services due to | ||||||
15 | changes
in the eligibility criteria shall be given 45 days | ||||||
16 | notice prior to actual
termination. Those persons receiving | ||||||
17 | notice of termination may contact the
Department and request | ||||||
18 | the determination be appealed at any time during the
45 day | ||||||
19 | notice period. The target
population identified for the | ||||||
20 | purposes of this Section are persons age 60
and older with an | ||||||
21 | identified service need. Priority shall be given to those
who | ||||||
22 | are at imminent risk of institutionalization. The services | ||||||
23 | shall be
provided to eligible persons age 60 and older to the | ||||||
24 | extent that the cost
of the services together with the other | ||||||
25 | personal maintenance
expenses of the persons are reasonably | ||||||
26 | related to the standards
established for care in a group |
| |||||||
| |||||||
1 | facility appropriate to the person's
condition. These | ||||||
2 | non-institutional services, pilot projects or
experimental | ||||||
3 | facilities may be provided as part of or in addition to
those | ||||||
4 | authorized by federal law or those funded and administered by | ||||||
5 | the
Department of Human Services. The Departments of Human | ||||||
6 | Services, Healthcare and Family Services,
Public Health, | ||||||
7 | Veterans' Affairs, and Commerce and Economic Opportunity and
| ||||||
8 | other appropriate agencies of State, federal and local | ||||||
9 | governments shall
cooperate with the Department on Aging in | ||||||
10 | the establishment and development
of the non-institutional | ||||||
11 | services. The Department shall require an annual
audit from | ||||||
12 | all personal assistant
and home care aide vendors contracting | ||||||
13 | with
the Department under this Section. The annual audit shall | ||||||
14 | assure that each
audited vendor's procedures are in compliance | ||||||
15 | with Department's financial
reporting guidelines requiring an | ||||||
16 | administrative and employee wage and benefits cost split as | ||||||
17 | defined in administrative rules. The audit is a public record | ||||||
18 | under
the Freedom of Information Act. The Department shall | ||||||
19 | execute, relative to
the nursing home prescreening project, | ||||||
20 | written inter-agency
agreements with the Department of Human | ||||||
21 | Services and the Department
of Healthcare and Family Services, | ||||||
22 | to effect the following: (1) intake procedures and common
| ||||||
23 | eligibility criteria for those persons who are receiving | ||||||
24 | non-institutional
services; and (2) the establishment and | ||||||
25 | development of non-institutional
services in areas of the | ||||||
26 | State where they are not currently available or are
|
| |||||||
| |||||||
1 | undeveloped. On and after July 1, 1996, all nursing home | ||||||
2 | prescreenings for
individuals 60 years of age or older shall | ||||||
3 | be conducted by the Department.
| ||||||
4 | As part of the Department on Aging's routine training of | ||||||
5 | case managers and case manager supervisors, the Department may | ||||||
6 | include information on family futures planning for persons who | ||||||
7 | are age 60 or older and who are caregivers of their adult | ||||||
8 | children with developmental disabilities. The content of the | ||||||
9 | training shall be at the Department's discretion. | ||||||
10 | The Department is authorized to establish a system of | ||||||
11 | recipient copayment
for services provided under this Section, | ||||||
12 | such copayment to be based upon
the recipient's ability to pay | ||||||
13 | but in no case to exceed the actual cost of
the services | ||||||
14 | provided. Additionally, any portion of a person's income which
| ||||||
15 | is equal to or less than the federal poverty standard shall not | ||||||
16 | be
considered by the Department in determining the copayment. | ||||||
17 | The level of
such copayment shall be adjusted whenever | ||||||
18 | necessary to reflect any change
in the officially designated | ||||||
19 | federal poverty standard.
| ||||||
20 | The Department, or the Department's authorized | ||||||
21 | representative, may
recover the amount of moneys expended for | ||||||
22 | services provided to or in
behalf of a person under this | ||||||
23 | Section by a claim against the person's
estate or against the | ||||||
24 | estate of the person's surviving spouse, but no
recovery may | ||||||
25 | be had until after the death of the surviving spouse, if
any, | ||||||
26 | and then only at such time when there is no surviving child who
|
| |||||||
| |||||||
1 | is under age 21 or blind or who has a permanent and total | ||||||
2 | disability. This
paragraph, however, shall not bar recovery, | ||||||
3 | at the death of the person, of
moneys for services provided to | ||||||
4 | the person or in behalf of the person under
this Section to | ||||||
5 | which the person was not entitled;
provided that such recovery | ||||||
6 | shall not be enforced against any real estate while
it is | ||||||
7 | occupied as a homestead by the surviving spouse or other | ||||||
8 | dependent, if no
claims by other creditors have been filed | ||||||
9 | against the estate, or, if such
claims have been filed, they | ||||||
10 | remain dormant for failure of prosecution or
failure of the | ||||||
11 | claimant to compel administration of the estate for the | ||||||
12 | purpose
of payment. This paragraph shall not bar recovery from | ||||||
13 | the estate of a spouse,
under Sections 1915 and 1924 of the | ||||||
14 | Social Security Act and Section 5-4 of the
Illinois Public Aid | ||||||
15 | Code, who precedes a person receiving services under this
| ||||||
16 | Section in death. All moneys for services
paid to or in behalf | ||||||
17 | of the person under this Section shall be claimed for
recovery | ||||||
18 | from the deceased spouse's estate. "Homestead", as used
in | ||||||
19 | this paragraph, means the dwelling house and
contiguous real | ||||||
20 | estate occupied by a surviving spouse
or relative, as defined | ||||||
21 | by the rules and regulations of the Department of Healthcare | ||||||
22 | and Family Services, regardless of the value of the property.
| ||||||
23 | The Department shall increase the effectiveness of the | ||||||
24 | existing Community Care Program by: | ||||||
25 | (1) ensuring that in-home services included in the | ||||||
26 | care plan are available on evenings and weekends; |
| |||||||
| |||||||
1 | (2) ensuring that care plans contain the services that | ||||||
2 | eligible participants
need based on the number of days in | ||||||
3 | a month, not limited to specific blocks of time, as | ||||||
4 | identified by the comprehensive assessment tool selected | ||||||
5 | by the Department for use statewide, not to exceed the | ||||||
6 | total monthly service cost maximum allowed for each | ||||||
7 | service; the Department shall develop administrative rules | ||||||
8 | to implement this item (2); | ||||||
9 | (3) ensuring that the participants have the right to | ||||||
10 | choose the services contained in their care plan and to | ||||||
11 | direct how those services are provided, based on | ||||||
12 | administrative rules established by the Department; | ||||||
13 | (4) ensuring that the determination of need tool is | ||||||
14 | accurate in determining the participants' level of need; | ||||||
15 | to achieve this, the Department, in conjunction with the | ||||||
16 | Older Adult Services Advisory Committee, shall institute a | ||||||
17 | study of the relationship between the Determination of | ||||||
18 | Need scores, level of need, service cost maximums, and the | ||||||
19 | development and utilization of service plans no later than | ||||||
20 | May 1, 2008; findings and recommendations shall be | ||||||
21 | presented to the Governor and the General Assembly no | ||||||
22 | later than January 1, 2009; recommendations shall include | ||||||
23 | all needed changes to the service cost maximums schedule | ||||||
24 | and additional covered services; | ||||||
25 | (5) ensuring that homemakers can provide personal care | ||||||
26 | services that may or may not involve contact with clients, |
| |||||||
| |||||||
1 | including but not limited to: | ||||||
2 | (A) bathing; | ||||||
3 | (B) grooming; | ||||||
4 | (C) toileting; | ||||||
5 | (D) nail care; | ||||||
6 | (E) transferring; | ||||||
7 | (F) respiratory services; | ||||||
8 | (G) exercise; or | ||||||
9 | (H) positioning; | ||||||
10 | (6) ensuring that homemaker program vendors are not | ||||||
11 | restricted from hiring homemakers who are family members | ||||||
12 | of clients or recommended by clients; the Department may | ||||||
13 | not, by rule or policy, require homemakers who are family | ||||||
14 | members of clients or recommended by clients to accept | ||||||
15 | assignments in homes other than the client; | ||||||
16 | (7) ensuring that the State may access maximum federal | ||||||
17 | matching funds by seeking approval for the Centers for | ||||||
18 | Medicare and Medicaid Services for modifications to the | ||||||
19 | State's home and community based services waiver and | ||||||
20 | additional waiver opportunities, including applying for | ||||||
21 | enrollment in the Balance Incentive Payment Program by May | ||||||
22 | 1, 2013, in order to maximize federal matching funds; this | ||||||
23 | shall include, but not be limited to, modification that | ||||||
24 | reflects all changes in the Community Care Program | ||||||
25 | services and all increases in the services cost maximum; | ||||||
26 | (8) ensuring that the determination of need tool |
| |||||||
| |||||||
1 | accurately reflects the service needs of individuals with | ||||||
2 | Alzheimer's disease and related dementia disorders; | ||||||
3 | (9) ensuring that services are authorized accurately | ||||||
4 | and consistently for the Community Care Program (CCP); the | ||||||
5 | Department shall implement a Service Authorization policy | ||||||
6 | directive; the purpose shall be to ensure that eligibility | ||||||
7 | and services are authorized accurately and consistently in | ||||||
8 | the CCP program; the policy directive shall clarify | ||||||
9 | service authorization guidelines to Care Coordination | ||||||
10 | Units and Community Care Program providers no later than | ||||||
11 | May 1, 2013; | ||||||
12 | (10) working in conjunction with Care Coordination | ||||||
13 | Units, the Department of Healthcare and Family Services, | ||||||
14 | the Department of Human Services, Community Care Program | ||||||
15 | providers, and other stakeholders to make improvements to | ||||||
16 | the Medicaid claiming processes and the Medicaid | ||||||
17 | enrollment procedures or requirements as needed, | ||||||
18 | including, but not limited to, specific policy changes or | ||||||
19 | rules to improve the up-front enrollment of participants | ||||||
20 | in the Medicaid program and specific policy changes or | ||||||
21 | rules to insure more prompt submission of bills to the | ||||||
22 | federal government to secure maximum federal matching | ||||||
23 | dollars as promptly as possible; the Department on Aging | ||||||
24 | shall have at least 3 meetings with stakeholders by | ||||||
25 | January 1, 2014 in order to address these improvements; | ||||||
26 | (11) requiring home care service providers to comply |
| |||||||
| |||||||
1 | with the rounding of hours worked provisions under the | ||||||
2 | federal Fair Labor Standards Act (FLSA) and as set forth | ||||||
3 | in 29 CFR 785.48(b) by May 1, 2013; | ||||||
4 | (12) implementing any necessary policy changes or | ||||||
5 | promulgating any rules, no later than January 1, 2014, to | ||||||
6 | assist the Department of Healthcare and Family Services in | ||||||
7 | moving as many participants as possible, consistent with | ||||||
8 | federal regulations, into coordinated care plans if a care | ||||||
9 | coordination plan that covers long term care is available | ||||||
10 | in the recipient's area; and | ||||||
11 | (13) maintaining fiscal year 2014 rates at the same | ||||||
12 | level established on January 1, 2013. | ||||||
13 | By January 1, 2009 or as soon after the end of the Cash and | ||||||
14 | Counseling Demonstration Project as is practicable, the | ||||||
15 | Department may, based on its evaluation of the demonstration | ||||||
16 | project, promulgate rules concerning personal assistant | ||||||
17 | services, to include, but need not be limited to, | ||||||
18 | qualifications, employment screening, rights under fair labor | ||||||
19 | standards, training, fiduciary agent, and supervision | ||||||
20 | requirements. All applicants shall be subject to the | ||||||
21 | provisions of the Health Care Worker Background Check Act.
| ||||||
22 | The Department shall develop procedures to enhance | ||||||
23 | availability of
services on evenings, weekends, and on an | ||||||
24 | emergency basis to meet the
respite needs of caregivers. | ||||||
25 | Procedures shall be developed to permit the
utilization of | ||||||
26 | services in successive blocks of 24 hours up to the monthly
|
| |||||||
| |||||||
1 | maximum established by the Department. Workers providing these | ||||||
2 | services
shall be appropriately trained.
| ||||||
3 | Beginning on the effective date of this amendatory Act of | ||||||
4 | 1991, no person
may perform chore/housekeeping and home care | ||||||
5 | aide services under a program
authorized by this Section | ||||||
6 | unless that person has been issued a certificate
of | ||||||
7 | pre-service to do so by his or her employing agency. | ||||||
8 | Information
gathered to effect such certification shall | ||||||
9 | include (i) the person's name,
(ii) the date the person was | ||||||
10 | hired by his or her current employer, and
(iii) the training, | ||||||
11 | including dates and levels. Persons engaged in the
program | ||||||
12 | authorized by this Section before the effective date of this
| ||||||
13 | amendatory Act of 1991 shall be issued a certificate of all | ||||||
14 | pre- and
in-service training from his or her employer upon | ||||||
15 | submitting the necessary
information. The employing agency | ||||||
16 | shall be required to retain records of
all staff pre- and | ||||||
17 | in-service training, and shall provide such records to
the | ||||||
18 | Department upon request and upon termination of the employer's | ||||||
19 | contract
with the Department. In addition, the employing | ||||||
20 | agency is responsible for
the issuance of certifications of | ||||||
21 | in-service training completed to their
employees.
| ||||||
22 | The Department is required to develop a system to ensure | ||||||
23 | that persons
working as home care aides and personal | ||||||
24 | assistants
receive increases in their
wages when the federal | ||||||
25 | minimum wage is increased by requiring vendors to
certify that | ||||||
26 | they are meeting the federal minimum wage statute for home |
| |||||||
| |||||||
1 | care aides
and personal assistants. An employer that cannot | ||||||
2 | ensure that the minimum
wage increase is being given to home | ||||||
3 | care aides and personal assistants
shall be denied any | ||||||
4 | increase in reimbursement costs.
| ||||||
5 | The Community Care Program Advisory Committee is created | ||||||
6 | in the Department on Aging. The Director shall appoint | ||||||
7 | individuals to serve in the Committee, who shall serve at | ||||||
8 | their own expense. Members of the Committee must abide by all | ||||||
9 | applicable ethics laws. The Committee shall advise the | ||||||
10 | Department on issues related to the Department's program of | ||||||
11 | services to prevent unnecessary institutionalization. The | ||||||
12 | Committee shall meet on a bi-monthly basis and shall serve to | ||||||
13 | identify and advise the Department on present and potential | ||||||
14 | issues affecting the service delivery network, the program's | ||||||
15 | clients, and the Department and to recommend solution | ||||||
16 | strategies. Persons appointed to the Committee shall be | ||||||
17 | appointed on, but not limited to, their own and their agency's | ||||||
18 | experience with the program, geographic representation, and | ||||||
19 | willingness to serve. The Director shall appoint members to | ||||||
20 | the Committee to represent provider, advocacy, policy | ||||||
21 | research, and other constituencies committed to the delivery | ||||||
22 | of high quality home and community-based services to older | ||||||
23 | adults. Representatives shall be appointed to ensure | ||||||
24 | representation from community care providers including, but | ||||||
25 | not limited to, adult day service providers, homemaker | ||||||
26 | providers, case coordination and case management units, |
| |||||||
| |||||||
1 | emergency home response providers, statewide trade or labor | ||||||
2 | unions that represent home care
aides and direct care staff, | ||||||
3 | area agencies on aging, adults over age 60, membership | ||||||
4 | organizations representing older adults, and other | ||||||
5 | organizational entities, providers of care, or individuals | ||||||
6 | with demonstrated interest and expertise in the field of home | ||||||
7 | and community care as determined by the Director. | ||||||
8 | Nominations may be presented from any agency or State | ||||||
9 | association with interest in the program. The Director, or his | ||||||
10 | or her designee, shall serve as the permanent co-chair of the | ||||||
11 | advisory committee. One other co-chair shall be nominated and | ||||||
12 | approved by the members of the committee on an annual basis. | ||||||
13 | Committee members' terms of appointment shall be for 4 years | ||||||
14 | with one-quarter of the appointees' terms expiring each year. | ||||||
15 | A member shall continue to serve until his or her replacement | ||||||
16 | is named. The Department shall fill vacancies that have a | ||||||
17 | remaining term of over one year, and this replacement shall | ||||||
18 | occur through the annual replacement of expiring terms. The | ||||||
19 | Director shall designate Department staff to provide technical | ||||||
20 | assistance and staff support to the committee. Department | ||||||
21 | representation shall not constitute membership of the | ||||||
22 | committee. All Committee papers, issues, recommendations, | ||||||
23 | reports, and meeting memoranda are advisory only. The | ||||||
24 | Director, or his or her designee, shall make a written report, | ||||||
25 | as requested by the Committee, regarding issues before the | ||||||
26 | Committee.
|
| |||||||
| |||||||
1 | The Department on Aging and the Department of Human | ||||||
2 | Services
shall cooperate in the development and submission of | ||||||
3 | an annual report on
programs and services provided under this | ||||||
4 | Section. Such joint report
shall be filed with the Governor | ||||||
5 | and the General Assembly on or before
September 30 each year.
| ||||||
6 | The requirement for reporting to the General Assembly | ||||||
7 | shall be satisfied
by filing copies of the report
as required | ||||||
8 | by Section 3.1 of the General Assembly Organization Act and
| ||||||
9 | filing such additional copies with the State Government Report | ||||||
10 | Distribution
Center for the General Assembly as is required | ||||||
11 | under paragraph (t) of
Section 7 of the State Library Act.
| ||||||
12 | Those persons previously found eligible for receiving | ||||||
13 | non-institutional
services whose services were discontinued | ||||||
14 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
15 | not meet the eligibility standards in effect
on or after July | ||||||
16 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
17 | Those persons previously not required to cost-share and who | ||||||
18 | were
required to cost-share effective March 1, 1992, shall | ||||||
19 | continue to meet
cost-share requirements on and after July 1, | ||||||
20 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
21 | meet
eligibility, cost-share, and other requirements and will | ||||||
22 | have services
discontinued or altered when they fail to meet | ||||||
23 | these requirements. | ||||||
24 | For the purposes of this Section, "flexible senior | ||||||
25 | services" refers to services that require one-time or periodic | ||||||
26 | expenditures including, but not limited to, respite care, home |
| |||||||
| |||||||
1 | modification, assistive technology, housing assistance, and | ||||||
2 | transportation.
| ||||||
3 | The Department shall implement an electronic service | ||||||
4 | verification based on global positioning systems or other | ||||||
5 | cost-effective technology for the Community Care Program no | ||||||
6 | later than January 1, 2014. | ||||||
7 | The Department shall require, as a condition of | ||||||
8 | eligibility, enrollment in the medical assistance program | ||||||
9 | under Article V of the Illinois Public Aid Code (i) beginning | ||||||
10 | August 1, 2013, if the Auditor General has reported that the | ||||||
11 | Department has failed
to comply with the reporting | ||||||
12 | requirements of Section 2-27 of
the Illinois State Auditing | ||||||
13 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
14 | reported that the
Department has not undertaken the required | ||||||
15 | actions listed in
the report required by subsection (a) of | ||||||
16 | Section 2-27 of the
Illinois State Auditing Act. | ||||||
17 | The Department shall delay Community Care Program services | ||||||
18 | until an applicant is determined eligible for medical | ||||||
19 | assistance under Article V of the Illinois Public Aid Code (i) | ||||||
20 | beginning August 1, 2013, if the Auditor General has reported | ||||||
21 | that the Department has failed
to comply with the reporting | ||||||
22 | requirements of Section 2-27 of
the Illinois State Auditing | ||||||
23 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
24 | reported that the
Department has not undertaken the required | ||||||
25 | actions listed in
the report required by subsection (a) of | ||||||
26 | Section 2-27 of the
Illinois State Auditing Act. |
| |||||||
| |||||||
1 | The Department shall implement co-payments for the | ||||||
2 | Community Care Program at the federally allowable maximum | ||||||
3 | level (i) beginning August 1, 2013, if the Auditor General has | ||||||
4 | reported that the Department has failed
to comply with the | ||||||
5 | reporting requirements of Section 2-27 of
the Illinois State | ||||||
6 | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | ||||||
7 | General has reported that the
Department has not undertaken | ||||||
8 | the required actions listed in
the report required by | ||||||
9 | subsection (a) of Section 2-27 of the
Illinois State Auditing | ||||||
10 | Act. | ||||||
11 | The Department shall continue to provide other Community | ||||||
12 | Care Program reports as required by statute. | ||||||
13 | The Department shall provide a bi-monthly report on the | ||||||
14 | progress of the Community Care Program reforms set forth in | ||||||
15 | this amendatory Act of the 98th General Assembly to the | ||||||
16 | Governor, the Speaker of the House of Representatives, the | ||||||
17 | Minority Leader of the House of Representatives, the
President | ||||||
18 | of the
Senate, and the Minority Leader of the Senate. | ||||||
19 | The Department shall conduct a quarterly review of Care | ||||||
20 | Coordination Unit performance and adherence to service | ||||||
21 | guidelines. The quarterly review shall be reported to the | ||||||
22 | Speaker of the House of Representatives, the Minority Leader | ||||||
23 | of the House of Representatives, the
President of the
Senate, | ||||||
24 | and the Minority Leader of the Senate. The Department shall | ||||||
25 | collect and report longitudinal data on the performance of | ||||||
26 | each care coordination unit. Nothing in this paragraph shall |
| |||||||
| |||||||
1 | be construed to require the Department to identify specific | ||||||
2 | care coordination units. | ||||||
3 | In regard to community care providers, failure to comply | ||||||
4 | with Department on Aging policies shall be cause for | ||||||
5 | disciplinary action, including, but not limited to, | ||||||
6 | disqualification from serving Community Care Program clients. | ||||||
7 | Each provider, upon submission of any bill or invoice to the | ||||||
8 | Department for payment for services rendered, shall include a | ||||||
9 | notarized statement, under penalty of perjury pursuant to | ||||||
10 | Section 1-109 of the Code of Civil Procedure, that the | ||||||
11 | provider has complied with all Department policies. | ||||||
12 | The Director of the Department on Aging shall make | ||||||
13 | information available to the State Board of Elections as may | ||||||
14 | be required by an agreement the State Board of Elections has | ||||||
15 | entered into with a multi-state voter registration list | ||||||
16 | maintenance system. | ||||||
17 | Within 30 days after July 6, 2017 (the effective date of | ||||||
18 | Public Act 100-23), rates shall be increased to $18.29 per | ||||||
19 | hour, for the purpose of increasing, by at least $.72 per hour, | ||||||
20 | the wages paid by those vendors to their employees who provide | ||||||
21 | homemaker services. The Department shall pay an enhanced rate | ||||||
22 | under the Community Care Program to those in-home service | ||||||
23 | provider agencies that offer health insurance coverage as a | ||||||
24 | benefit to their direct service worker employees consistent | ||||||
25 | with the mandates of Public Act 95-713. For State fiscal years | ||||||
26 | 2018 and 2019, the enhanced rate shall be $1.77 per hour. The |
| |||||||
| |||||||
1 | rate shall be adjusted using actuarial analysis based on the | ||||||
2 | cost of care, but shall not be set below $1.77 per hour. The | ||||||
3 | Department shall adopt rules, including emergency rules under | ||||||
4 | subsections (y) and (bb) of Section 5-45 of the Illinois | ||||||
5 | Administrative Procedure Act, to implement the provisions of | ||||||
6 | this paragraph. | ||||||
7 | The General Assembly finds it necessary to authorize an | ||||||
8 | aggressive Medicaid enrollment initiative designed to maximize | ||||||
9 | federal Medicaid funding for the Community Care Program which | ||||||
10 | produces significant savings for the State of Illinois. The | ||||||
11 | Department on Aging shall establish and implement a Community | ||||||
12 | Care Program Medicaid Initiative. Under the Initiative, the
| ||||||
13 | Department on Aging shall, at a minimum: (i) provide an | ||||||
14 | enhanced rate to adequately compensate care coordination units | ||||||
15 | to enroll eligible Community Care Program clients into | ||||||
16 | Medicaid; (ii) use recommendations from a stakeholder | ||||||
17 | committee on how best to implement the Initiative; and (iii) | ||||||
18 | establish requirements for State agencies to make enrollment | ||||||
19 | in the State's Medical Assistance program easier for seniors. | ||||||
20 | The Community Care Program Medicaid Enrollment Oversight | ||||||
21 | Subcommittee is created as a subcommittee of the Older Adult | ||||||
22 | Services Advisory Committee established in Section 35 of the | ||||||
23 | Older Adult Services Act to make recommendations on how best | ||||||
24 | to increase the number of medical assistance recipients who | ||||||
25 | are enrolled in the Community Care Program. The Subcommittee | ||||||
26 | shall consist of all of the following persons who must be |
| |||||||
| |||||||
1 | appointed within 30 days after the effective date of this | ||||||
2 | amendatory Act of the 100th General Assembly: | ||||||
3 | (1) The Director of Aging, or his or her designee, who | ||||||
4 | shall serve as the chairperson of the Subcommittee. | ||||||
5 | (2) One representative of the Department of Healthcare | ||||||
6 | and Family Services, appointed by the Director of | ||||||
7 | Healthcare and Family Services. | ||||||
8 | (3) One representative of the Department of Human | ||||||
9 | Services, appointed by the Secretary of Human Services. | ||||||
10 | (4) One individual representing a care coordination | ||||||
11 | unit, appointed by the Director of Aging. | ||||||
12 | (5) One individual from a non-governmental statewide | ||||||
13 | organization that advocates for seniors, appointed by the | ||||||
14 | Director of Aging. | ||||||
15 | (6) One individual representing Area Agencies on | ||||||
16 | Aging, appointed by the Director of Aging. | ||||||
17 | (7) One individual from a statewide association | ||||||
18 | dedicated to Alzheimer's care, support, and research, | ||||||
19 | appointed by the Director of Aging. | ||||||
20 | (8) One individual from an organization that employs | ||||||
21 | persons who provide services under the Community Care | ||||||
22 | Program, appointed by the Director of Aging. | ||||||
23 | (9) One member of a trade or labor union representing | ||||||
24 | persons who provide services under the Community Care | ||||||
25 | Program, appointed by the Director of Aging. | ||||||
26 | (10) One member of the Senate, who shall serve as |
| |||||||
| |||||||
1 | co-chairperson, appointed by the President of the Senate. | ||||||
2 | (11) One member of the Senate, who shall serve as | ||||||
3 | co-chairperson, appointed by the Minority Leader of the | ||||||
4 | Senate. | ||||||
5 | (12) One member of the House of
Representatives, who | ||||||
6 | shall serve as co-chairperson, appointed by the Speaker of | ||||||
7 | the House of Representatives. | ||||||
8 | (13) One member of the House of Representatives, who | ||||||
9 | shall serve as co-chairperson, appointed by the Minority | ||||||
10 | Leader of the House of Representatives. | ||||||
11 | (14) One individual appointed by a labor organization | ||||||
12 | representing frontline employees at the Department of | ||||||
13 | Human Services. | ||||||
14 | The Subcommittee shall provide oversight to the Community | ||||||
15 | Care Program Medicaid Initiative and shall meet quarterly. At | ||||||
16 | each Subcommittee meeting the Department on Aging shall | ||||||
17 | provide the following data sets to the Subcommittee: (A) the | ||||||
18 | number of Illinois residents, categorized by planning and | ||||||
19 | service area, who are receiving services under the Community | ||||||
20 | Care Program and are enrolled in the State's Medical | ||||||
21 | Assistance Program; (B) the number of Illinois residents, | ||||||
22 | categorized by planning and service area, who are receiving | ||||||
23 | services under the Community Care Program, but are not | ||||||
24 | enrolled in the State's Medical Assistance Program; and (C) | ||||||
25 | the number of Illinois residents, categorized by planning and | ||||||
26 | service area, who are receiving services under the Community |
| |||||||
| |||||||
1 | Care Program and are eligible for benefits under the State's | ||||||
2 | Medical Assistance Program, but are not enrolled in the | ||||||
3 | State's Medical Assistance Program. In addition to this data, | ||||||
4 | the Department on Aging shall provide the Subcommittee with | ||||||
5 | plans on how the Department on Aging will reduce the number of | ||||||
6 | Illinois residents who are not enrolled in the State's Medical | ||||||
7 | Assistance Program but who are eligible for medical assistance | ||||||
8 | benefits. The Department on Aging shall enroll in the State's | ||||||
9 | Medical Assistance Program those Illinois residents who | ||||||
10 | receive services under the Community Care Program and are | ||||||
11 | eligible for medical assistance benefits but are not enrolled | ||||||
12 | in the State's Medicaid Assistance Program. The data provided | ||||||
13 | to the Subcommittee shall be made available to the public via | ||||||
14 | the Department on Aging's website. | ||||||
15 | The Department on Aging, with the involvement of the | ||||||
16 | Subcommittee, shall collaborate with the Department of Human | ||||||
17 | Services and the Department of Healthcare and Family Services | ||||||
18 | on how best to achieve the responsibilities of the Community | ||||||
19 | Care Program Medicaid Initiative. | ||||||
20 | The Department on Aging, the Department of Human Services, | ||||||
21 | and the Department of Healthcare and Family Services shall | ||||||
22 | coordinate and implement a streamlined process for seniors to | ||||||
23 | access benefits under the State's Medical Assistance Program. | ||||||
24 | The Subcommittee shall collaborate with the Department of | ||||||
25 | Human Services on the adoption of a uniform application | ||||||
26 | submission process. The Department of Human Services and any |
| |||||||
| |||||||
1 | other State agency involved with processing the medical | ||||||
2 | assistance application of any person enrolled in the Community | ||||||
3 | Care Program shall include the appropriate care coordination | ||||||
4 | unit in all communications related to the determination or | ||||||
5 | status of the application. | ||||||
6 | The Community Care Program Medicaid Initiative shall | ||||||
7 | provide targeted funding to care coordination units to help | ||||||
8 | seniors complete their applications for medical assistance | ||||||
9 | benefits. On and after July 1, 2019, care coordination units | ||||||
10 | shall receive no less than $200 per completed application, | ||||||
11 | which rate may be included in a bundled rate for initial intake | ||||||
12 | services when Medicaid application assistance is provided in | ||||||
13 | conjunction with the initial intake process for new program | ||||||
14 | participants. | ||||||
15 | The Community Care Program Medicaid Initiative shall cease | ||||||
16 | operation 5 years after the effective date of this amendatory | ||||||
17 | Act of the 100th General Assembly, after which the | ||||||
18 | Subcommittee shall dissolve. | ||||||
19 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
20 | 100-1148, eff. 12-10-18; 101-10, eff. 6-5-19.) | ||||||
21 | ARTICLE 35. OCCUPATIONAL STANDARDS | ||||||
22 | Section 35-5. The Employee Washroom Act is amended by | ||||||
23 | adding Section 0.05 as follows: |
| |||||||
| |||||||
1 | (820 ILCS 230/0.05 new) | ||||||
2 | Sec. 0.05. Federal regulations; operation of Act. | ||||||
3 | (a) Except as provided in subsection (b), Sections 1 | ||||||
4 | through 5 of this Act are inoperative on and after the | ||||||
5 | effective date of this amendatory Act of the 102nd General | ||||||
6 | Assembly. | ||||||
7 | (b) If at any time the Occupational Safety and Health | ||||||
8 | standard at 29 CFR 1910.141 is repealed or revoked, the | ||||||
9 | Director of Labor shall adopt a rule setting forth a | ||||||
10 | determination that this Act should be reviewed and reinstated | ||||||
11 | in order to protect the health and safety of Illinois' | ||||||
12 | workers. On the date such a rule is adopted, this Act shall | ||||||
13 | again become operative. | ||||||
14 | Section 35-10. The Work Under Compressed Air Act is | ||||||
15 | amended by adding Section 1.5 as follows: | ||||||
16 | (820 ILCS 245/1.5 new) | ||||||
17 | Sec. 1.5. Federal regulations; operation of Act. | ||||||
18 | (a) Except as provided in subsection (b), Sections 1 | ||||||
19 | through 6 of this Act are inoperative on and after the | ||||||
20 | effective date of this amendatory Act of the 102nd General | ||||||
21 | Assembly. | ||||||
22 | (b) If at any time the Safety and Health Regulations for | ||||||
23 | Construction standards at 29 CFR 1926.800 through 29 CFR | ||||||
24 | 1926.804 are repealed or revoked, the Director of Labor shall |
| |||||||
| |||||||
1 | adopt a rule setting forth a determination that this Act | ||||||
2 | should be reviewed and reinstated, in whole or in part, in | ||||||
3 | order to protect the health and safety of Illinois' workers. | ||||||
4 | On the date such a rule is adopted, this Act shall again become | ||||||
5 | operative. | ||||||
6 | Section 35-15. The Underground Sewer Employee Safety Act | ||||||
7 | is amended by changing Section 1 and by adding Section 0.05 as | ||||||
8 | follows: | ||||||
9 | (820 ILCS 250/0.05 new) | ||||||
10 | Sec. 0.05. 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 Occupational Safety and Health | ||||||
16 | standards at 29 CFR 1910.120, 29 CFR 1910.146 or the Safety and | ||||||
17 | Health Regulations for Construction standards 29 CFR 1926.1201 | ||||||
18 | through 29 CFR 1926.1213 are repealed or revoked, the Director | ||||||
19 | of Labor shall adopt a rule setting forth a determination that | ||||||
20 | this Act should be reviewed and reinstated, in whole or in | ||||||
21 | part, in order to protect the health and safety of Illinois' | ||||||
22 | workers. On the date such a rule is adopted, this Act shall | ||||||
23 | again become operative.
|
| |||||||
| |||||||
1 | (820 ILCS 250/1) (from Ch. 48, par. 1101)
| ||||||
2 | Sec. 1.
This Act shall apply to all employers engaged in | ||||||
3 | any occupation,
business or enterprise in this State, | ||||||
4 | including the State of Illinois and
its political | ||||||
5 | subdivisions , except that in the event of a conflict between
| ||||||
6 | this Act and any other Federal or State law or regulation | ||||||
7 | concerning health
and safety of employees, such other law or | ||||||
8 | regulation shall control .
| ||||||
9 | (Source: P.A. 81-772.)
| ||||||
10 | Section 35-20. The Toxic Substances Disclosure to | ||||||
11 | Employees Act is amended by changing Section 1.5 as follows: | ||||||
12 | (820 ILCS 255/1.5) | ||||||
13 | Sec. 1.5. Federal regulations; operation of Act. | ||||||
14 | (a) Except as provided in subsection (b), Sections 2 | ||||||
15 | through 17 of this Act are inoperative on and after the | ||||||
16 | effective date of this amendatory Act of the 102nd 95th | ||||||
17 | General Assembly , and the Department of Labor shall instead | ||||||
18 | enforce the Occupational Safety and Health Administration | ||||||
19 | Hazard Communication standards at 29 CFR 1910.1200, as | ||||||
20 | amended .
| ||||||
21 | (b) If at any time the Occupational Safety and Health | ||||||
22 | Administration Hazard Communication standard at 29 CFR | ||||||
23 | 1910.1200 is repealed or revoked, the Director of Labor shall | ||||||
24 | adopt a rule setting forth a determination that this Act |
| |||||||
| |||||||
1 | should be reviewed and reinstated in order to protect the | ||||||
2 | health and safety of Illinois' public sector workers. On the | ||||||
3 | date such a rule is adopted, this Act shall again become | ||||||
4 | operative.
| ||||||
5 | (Source: P.A. 95-623, eff. 9-17-07.) | ||||||
6 | ARTICLE 40. HEALTH CARE | ||||||
7 | (110 ILCS 330/8a rep.) | ||||||
8 | Section 40-5. The University of Illinois Hospital Act is | ||||||
9 | amended by repealing Section 8a.
| ||||||
10 | (110 ILCS 340/Act rep.)
| ||||||
11 | Section 40-10. The University of Illinois Gerontological | ||||||
12 | Committee Act is repealed. | ||||||
13 | (110 ILCS 430/Act rep.) | ||||||
14 | Section 40-15. The Illinois Health Policy Center Act is | ||||||
15 | repealed. | ||||||
16 | Section 40-20. The Health in All Policies Act is amended | ||||||
17 | by changing Section 10 as follows: | ||||||
18 | (410 ILCS 155/10)
| ||||||
19 | Sec. 10. Workgroup. | ||||||
20 | (a) The University of Illinois at Chicago School of Public |
| |||||||
| |||||||
1 | Health, in consultation with the Department of Public Health, | ||||||
2 | shall convene a workgroup to review legislation and make new | ||||||
3 | policy recommendations relating to the health of residents of | ||||||
4 | the State. | ||||||
5 | (b) The workgroup shall examine the following: | ||||||
6 | (1) The health of residents of the State, to the | ||||||
7 | extent necessary to carry out the requirements of this | ||||||
8 | Act. | ||||||
9 | (2) Ways for units of local government and State | ||||||
10 | agencies to collaborate in implementing policies that will | ||||||
11 | positively impact the health of residents of the State. | ||||||
12 | (3) The impact of the following on the health of | ||||||
13 | residents of the State: | ||||||
14 | (A) Access to safe and affordable housing. | ||||||
15 | (B) Educational attainment. | ||||||
16 | (C) Opportunities for employment. | ||||||
17 | (D) Economic stability. | ||||||
18 | (E) Inclusion, diversity, and equity in the | ||||||
19 | workplace. | ||||||
20 | (F) Barriers to career success and promotion in | ||||||
21 | the workplace. | ||||||
22 | (G) Access to transportation and mobility. | ||||||
23 | (H) Social justice. | ||||||
24 | (I) Environmental factors. | ||||||
25 | (J) Public safety, including the impact of crime, | ||||||
26 | citizen unrest, the criminal justice system, and |
| |||||||
| |||||||
1 | governmental policies that affect individuals who are | ||||||
2 | in prison or released from prison. | ||||||
3 | (c) The workgroup, using a health in all policies | ||||||
4 | framework, shall perform the following: | ||||||
5 | (1) Review and make recommendations regarding how | ||||||
6 | health considerations may be incorporated into the | ||||||
7 | decision-making processes of government agencies and | ||||||
8 | private stakeholders who interact with government | ||||||
9 | agencies. | ||||||
10 | (2) Foster collaboration among units of local | ||||||
11 | government and State agencies. | ||||||
12 | (3) Develop laws and policies to improve health and | ||||||
13 | reduce health inequities. | ||||||
14 | (4) Make recommendations regarding how to implement | ||||||
15 | laws and policies to improve health and reduce health | ||||||
16 | inequities. | ||||||
17 | (d) The workgroup shall consist of the following members: | ||||||
18 | (1) The Secretary of Human Services, or the | ||||||
19 | Secretary's designee. | ||||||
20 | (2) The Secretary of Transportation, or the | ||||||
21 | Secretary's designee. | ||||||
22 | (3) The Director of the Illinois Environmental | ||||||
23 | Protection Agency, or the Director's designee. | ||||||
24 | (4) The Director of Agriculture, or the Director's | ||||||
25 | designee. | ||||||
26 | (5) The Director of Labor, or the Director's designee. |
| |||||||
| |||||||
1 | (6) The Director of Public Health, or the Director's | ||||||
2 | designee. | ||||||
3 | (7) One representative of a statewide public health | ||||||
4 | association. | ||||||
5 | (8) One administrator of a Federally Qualified Health | ||||||
6 | Center. | ||||||
7 | (9) One administrator of a public health department | ||||||
8 | local to the University of Illinois at Chicago. | ||||||
9 | (10) One representative of an association representing | ||||||
10 | hospitals and health systems. | ||||||
11 | (11) The Director of Healthcare and Family Services, | ||||||
12 | or the Director's designee. | ||||||
13 | (12) The State Superintendent of Education, or the | ||||||
14 | Superintendent's designee. | ||||||
15 | (13) The Director of Corrections, or the Director's | ||||||
16 | designee. | ||||||
17 | (14) The Chair of the Criminal Justice Information | ||||||
18 | Authority, or the Chair's designee. | ||||||
19 | (15) The Director of Commerce and Economic | ||||||
20 | Opportunity, or the Director's designee. | ||||||
21 | (16) The Director of Aging, or the Director's | ||||||
22 | designee. | ||||||
23 | (17) One representative of the Office of the Governor | ||||||
24 | appointed by the Governor. | ||||||
25 | (18) One representative of a local health department | ||||||
26 | located in a county with a population of less than |
| |||||||
| |||||||
1 | 3,000,000. | ||||||
2 | (19) One representative of a statewide public health | ||||||
3 | institute representing multisector public health system | ||||||
4 | stakeholders. | ||||||
5 | (20) Two representatives of organizations that | ||||||
6 | represent minority populations in public health. | ||||||
7 | (21) One representative of a statewide organization | ||||||
8 | representing physicians licensed to practice medicine in | ||||||
9 | all its branches. | ||||||
10 | (e) To the extent practicable, the members of the | ||||||
11 | workgroup shall reflect the geographic, racial, ethnic, | ||||||
12 | cultural, and gender diversity of the State. | ||||||
13 | (f) Workgroup members shall serve without compensation. | ||||||
14 | (g) A State agency or entity shall, in a timely manner, | ||||||
15 | provide information in response to requests for information | ||||||
16 | submitted by the workgroup, except where that information is | ||||||
17 | otherwise prohibited from disclosure or dissemination by | ||||||
18 | federal or State law, rules or regulations implementing | ||||||
19 | federal or State law, or a court order. | ||||||
20 | (h) The Department of Public Health shall provide | ||||||
21 | administrative and other support to the workgroup.
| ||||||
22 | (i) The workgroup shall meet at least twice a year and at | ||||||
23 | other times as it deems appropriate. The workgroup shall | ||||||
24 | prepare a report that summarizes its work and makes | ||||||
25 | recommendations resulting from its study. On an annual basis, | ||||||
26 | the University of Illinois at Chicago School of Public Health, |
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1 | in consultation with the Department of Public Health and | ||||||
2 | members of the workgroup, shall determine a focus area for the | ||||||
3 | report. Focus areas may include, but are not limited to, the | ||||||
4 | areas designated in subsection (b) of Section 10. The | ||||||
5 | workgroup shall submit the report of its findings and | ||||||
6 | recommendations to the General Assembly by December 31, 2022 | ||||||
7 | 2020 and by December 31 of each year thereafter. The annual | ||||||
8 | report and recommendations shall be shared with the Department | ||||||
9 | of Public Health and the State Board of Health and shall be | ||||||
10 | considered in the development of the State Health Improvement | ||||||
11 | Plan every 5 years.
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12 | (Source: P.A. 101-250, eff. 1-1-20 .) | ||||||
13 | ARTICLE 45. ILLINOIS IMMIGRANT IMPACT TASK FORCE REPORT | ||||||
14 | Section 45-5. The Illinois Immigrant Impact Task Force Act | ||||||
15 | is amended by changing Section 5 as follows: | ||||||
16 | (20 ILCS 5156/5) | ||||||
17 | (Section scheduled to be repealed on January 1, 2023)
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18 | Sec. 5. Illinois Immigrant Impact Task Force.
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19 | (a) There is hereby established the Illinois Immigrant | ||||||
20 | Impact Task Force.
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21 | (b) The Task Force shall consist of 27 members appointed | ||||||
22 | as follows:
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23 | (1) one member appointed by the President of the |
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1 | Senate;
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2 | (2) one member appointed by the Speaker of the House | ||||||
3 | of Representatives;
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4 | (3) one member appointed by the Minority Leader of the | ||||||
5 | Senate;
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6 | (4) one member appointed by the Minority Leader of the | ||||||
7 | House of Representatives;
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8 | (5) one representative of the Governor's Office;
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9 | (6) one representative of the Governor's Office of | ||||||
10 | Management and Budget;
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11 | (7) one representative of the Lieutenant Governor's | ||||||
12 | Office;
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13 | (8) the Executive Director of the Illinois Housing | ||||||
14 | Development Authority or his or her designee;
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15 | (9) the Secretary of Human Services or his or her | ||||||
16 | designee;
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17 | (10) the Director on Aging or his or her designee;
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18 | (11) the Director of Commerce and Economic Opportunity | ||||||
19 | or his or her designee;
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20 | (12) the Director of Children and Family Services or | ||||||
21 | his or her designee;
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22 | (13) the Director of Public Health or his or her | ||||||
23 | designee;
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24 | (14) the Director of Healthcare and Family Services or | ||||||
25 | his or her designee;
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26 | (15) the Director of Human Rights or his or her |
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1 | designee;
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2 | (16) the Director of Employment Security or his or her | ||||||
3 | designee; | ||||||
4 | (17) the Director of Juvenile Justice or his or her | ||||||
5 | designee; | ||||||
6 | (18) the Director of Corrections or his or her | ||||||
7 | designee; | ||||||
8 | (19) the Executive Director of the Illinois Criminal | ||||||
9 | Justice Information Authority or his or her designee; | ||||||
10 | (20) the Chairman of the State Board of Education or | ||||||
11 | his or her designee; | ||||||
12 | (21) the Chairman of the Board of Higher Education or | ||||||
13 | his or her designee; | ||||||
14 | (22) the Chairman of the Illinois Community College | ||||||
15 | Board or his or her designee; and | ||||||
16 | (23) five representatives from organizations offering | ||||||
17 | aid or services to immigrants, appointed by the Governor. | ||||||
18 | (c) The Task Force shall convene as soon as practicable | ||||||
19 | after the effective date of this Act, and shall hold at least 6 | ||||||
20 | meetings. Members of the Task Force shall serve without | ||||||
21 | compensation. The Department of Human Services, in | ||||||
22 | consultation with any other State agency relevant to the issue | ||||||
23 | of immigration in this State, shall provide administrative and | ||||||
24 | other support to the Task Force.
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25 | (d) The Task Force shall examine the following issues:
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26 | (1) what the State of Illinois is currently doing to |
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1 | proactively help immigrant communities in this State, | ||||||
2 | including whether such persons are receiving help to | ||||||
3 | become citizens, receiving help to become business owners, | ||||||
4 | and receiving aid for educational purposes;
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5 | (2) what can the State do going forward to improve | ||||||
6 | relations between the State and immigrant communities in | ||||||
7 | this State;
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8 | (3) what is the status of immigrant communities from | ||||||
9 | urban, suburban, and rural areas of this State, and | ||||||
10 | whether adequate support and resources have been provided | ||||||
11 | to these communities;
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12 | (4) the extent to which immigrants in this State are | ||||||
13 | being discriminated against;
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14 | (5) whether the laws specifically intended to benefit | ||||||
15 | immigrant populations in this State are actually having a | ||||||
16 | beneficial effect; | ||||||
17 | (6) the practices and procedures of the federal | ||||||
18 | Immigration and Customs Enforcement agency within this | ||||||
19 | State; | ||||||
20 | (7) the use and condition of detention centers in this | ||||||
21 | State; | ||||||
22 | (8) all contracts in Illinois entered into with United | ||||||
23 | States Immigration and Customs Enforcement, including | ||||||
24 | contracts with private detention centers, the Illinois | ||||||
25 | State Police, and the Secretary of State's Office, | ||||||
26 | Division of Motor Vehicles; |
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1 | (9) the impact of the COVID-19 pandemic on immigrant | ||||||
2 | communities, including health impact rates,
employment | ||||||
3 | rates, housing, small businesses, and community | ||||||
4 | development; | ||||||
5 | (10) the disbursement of funds received by different | ||||||
6 | agencies that went to immigrant
communities; | ||||||
7 | (11) language access programs and their impact on | ||||||
8 | helping immigrant communities better
interact with State | ||||||
9 | agencies, and whether existing language access programs | ||||||
10 | are effective in helping immigrant communities interact | ||||||
11 | with the State. The Task Force shall also examine whether | ||||||
12 | all
State agencies provide language access for non-English | ||||||
13 | speakers, and which agencies and
in what regions of the | ||||||
14 | State is there a lack of language access that creates | ||||||
15 | barriers for non-English dominant speakers from accessing | ||||||
16 | support from the State; | ||||||
17 | (12) the extent to which disparities in access to | ||||||
18 | technology exist in immigrant communities and whether they | ||||||
19 | lead to educational, financial, and other disadvantages; | ||||||
20 | and | ||||||
21 | (13) the extent to which State programs intended for | ||||||
22 | vulnerable populations such as victims of trafficking, | ||||||
23 | crime, and abuse are being implemented or need to be | ||||||
24 | implemented. | ||||||
25 | (e) The Task Force shall report its findings and | ||||||
26 | recommendations based upon its examination of issues under |
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1 | subsection (d) to the Governor and the General Assembly on or | ||||||
2 | before December 31, 2022 May 31, 2022 .
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3 | (Source: P.A. 102-236, eff. 8-2-21.) | ||||||
4 | ARTICLE 99. EFFECTIVE DATE
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5 | Section 99-99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
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