Rep. William "Will" Davis

Filed: 2/28/2023





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2    AMENDMENT NO. ______. Amend House Bill 3903 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Department of Agriculture Law of the Civil
5Administrative Code of Illinois is amended by changing Section
6205-40 as follows:
7    (20 ILCS 205/205-40)  (was 20 ILCS 205/40.31)
8    Sec. 205-40. Export consulting service and standards. The
9Department and, upon request, the in cooperation with the
10Department of Commerce and Economic Opportunity, shall (1)
11provide a consulting service to those who desire to export
12farm products, commodities, and supplies and guide them in
13their efforts to improve trade relations; (2) cooperate with
14agencies and instrumentalities of the federal government to
15develop export grade standards for farm products, commodities,
16and supplies produced in Illinois and adopt reasonable rules



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1and regulations to ensure that exports of those products,
2commodities, and supplies comply with those standards; (3)
3upon request and after inspection of any such farm product,
4commodity, or supplies, certify compliance or noncompliance
5with those standards; (4) provide an informational program to
6existing and potential foreign importers of farm products,
7commodities, and supplies; (5) qualify for U. S. Department of
8Agriculture matching funds for overseas promotion of farm
9products, commodities, and supplies according to the federal
10requirements regarding State expenditures that are eligible
11for matching funds; and (6) provide a consulting service to
12persons who desire to export processed or value-added
13agricultural products and assist those persons in ascertaining
14legal and regulatory restrictions and market preferences that
15affect the sale of value-added agricultural products in
16foreign markets.
17(Source: P.A. 100-110, eff. 8-15-17.)
18    (20 ILCS 605/605-820 rep.)
19    Section 10. The Department of Commerce and Economic
20Opportunity Law of the Civil Administrative Code of Illinois
21is amended by repealing Section 605-820.
22    Section 15. The Department of Commerce and Economic
23Opportunity Law of the Civil Administrative Code of Illinois
24is amended by changing Section 605-913 as follows:



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1    (20 ILCS 605/605-913)
2    Sec. 605-913. Clean Water Workforce Pipeline Program.
3    (a) The General Assembly finds the following:
4        (1) The fresh surface water and groundwater supply in
5    Illinois and Lake Michigan constitute vital natural
6    resources that require careful stewardship and protection
7    for future generations. Access to safe and clean drinking
8    water is the right of all Illinois residents.
9        (2) To adequately protect these resources and provide
10    safe and clean drinking water, substantial investment is
11    needed to replace lead components in drinking water
12    infrastructure, improve wastewater treatment, flood
13    control, and stormwater management, control aquatic
14    invasive species, implement green infrastructure
15    solutions, and implement other infrastructure solutions to
16    protect water quality.
17        (3) Implementing these clean water solutions will
18    require a skilled and trained workforce, and new
19    investments will demand additional workers with
20    specialized skills.
21        (4) Water infrastructure jobs have been shown to
22    provide living wages and contribute to Illinois' economy.
23        (5) Significant populations of Illinois residents,
24    including, but not limited to, residents of environmental
25    justice communities, economically and socially



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1    disadvantaged communities, those returning from the
2    criminal justice system, foster care alumni, and in
3    particular women and transgender persons, are in need of
4    access to skilled living wage jobs like those in the water
5    infrastructure sector.
6        (6) Many of these residents are more likely to live in
7    communities with aging and inadequate clean water
8    infrastructure and suffer from threats to surface and
9    drinking water quality.
10        (7) The State can provide significant economic
11    opportunities to these residents and achieve greater
12    environmental and public health by investing in clean
13    water infrastructure.
14        (8) New training, recruitment, support, and placement
15    efforts are needed to connect these residents with career
16    opportunities in water infrastructure.
17        (9) The State must invest in both clean water
18    infrastructure and workforce development efforts in order
19    to achieve these goals.
20    (b) Subject to appropriation, From appropriations made
21from the Build Illinois Bond Fund, Capital Development Fund,
22or General Revenue Fund or other funds as identified by the
23Department, the Department may shall create a Clean Water
24Workforce Pipeline Program to provide grants and other
25financial assistance to prepare and support individuals for
26careers in water infrastructure. All funding provided by the



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1Program under this Section shall be designed to encourage and
2facilitate employment in projects funded through State capital
3investment and provide participants a skill set to allow them
4to work professionally in fields related to water
6    Grants and other financial assistance may be made
7available on a competitive annual basis to organizations that
8demonstrate a capacity to recruit, support, train, and place
9individuals in water infrastructure careers, including, but
10not limited to, community organizations, educational
11institutions, workforce investment boards, community action
12agencies, and multi-craft labor organizations for new efforts
13specifically focused on engaging residents of environmental
14justice communities, economically and socially disadvantaged
15communities, those returning from the criminal justice system,
16foster care alumni, and in particular women and transgender
17persons in these populations.
18    Grants and other financial assistance may shall be awarded
19on a competitive and annual basis for the following
21        (1) identification of individuals for job training in
22    the water sector;
23        (2) counseling, preparation, skills training, and
24    other support to increase a candidate's likelihood of
25    success in a job training program and career;
26        (3) financial support for individuals in a water



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1    sector job skills training program, support services, and
2    transportation assistance tied to training under this
3    Section;
4        (4) job placement services for individuals during and
5    after completion of water sector job skills training
6    programs; and
7        (5) financial, administrative, and management
8    assistance for organizations engaged in these activities.
9    (c) It shall be an annual goal of the Program to train and
10place at least 300, or 25% of the number of annual jobs created
11by State financed water infrastructure projects, whichever is
12greater, of the following persons in water sector-related
13apprenticeships annually: residents of environmental justice
14communities; residents of economically and socially
15disadvantaged communities; those returning from the criminal
16justice system; foster care alumni; and, in particular, women
17and transgender persons. In awarding and administering grants
18under this Program, the Department shall strive to provide
19assistance equitably throughout the State.
20    In order to encourage the employment of individuals
21trained through the Program onto projects receiving State
22financial assistance, the Department may shall coordinate with
23the Illinois Environmental Protection Agency, the Illinois
24Finance Authority, and other State agencies that provide
25financial support for water infrastructure projects. These
26agencies may shall take steps to support attaining the



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1training and placement goals set forth in this subsection,
2using a list of projects that receive State financial support.
3These agencies may propose and adopt rules to facilitate the
4attainment of this goal.
5    Using funds appropriated for the purposes of this Section,
6the Department may select through a competitive bidding
7process a Program Administrator to oversee the allocation of
8funds and select organizations that receive funding.
9    When the program is active, recipients Recipients of
10grants under the Program shall report annually to the
11Department on the success of their efforts and their
12contribution to reaching the goals of the Program provided in
13this subsection. When the program is active, the The
14Department shall compile this information and annually report
15to the General Assembly on the Program, including, but not
16limited to, the following information:
17        (1) progress toward the goals stated in this
18    subsection;
19        (2) any increase in the percentage of water industry
20    jobs in targeted populations;
21        (3) any increase in the rate of acceptance,
22    completion, or retention of water training programs among
23    targeted populations;
24        (4) any increase in the rate of employment, including
25    hours and annual income, measured against pre-Program
26    participant income; and



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1        (5) any recommendations for future changes to optimize
2    the success of the Program.
3    (d) Within 90 days of the program receiving an
4appropriation, Within 90 days after January 1, 2020 (the
5effective date of Public Act 101-576), the Department may
6shall propose a draft plan to implement this Section for
7public comment. The Department may shall allow a minimum of 60
8days for public comment on the plan, including one or more
9public hearings, if requested. The Department may shall
10finalize the plan within 180 days of January 1, 2020 (the
11effective date of Public Act 101-576).
12    The Department may propose and adopt any rules necessary
13for the implementation of the Program and to ensure compliance
14with this Section.
15    (e) (Blank). The Water Workforce Development Fund is
16created as a special fund in the State treasury. The Fund shall
17receive moneys appropriated for the purpose of this Section
18from the Build Illinois Bond Fund, the Capital Development
19Fund, the General Revenue Fund and any other funds. Moneys in
20the Fund shall only be used to fund the Program and to assist
21and enable implementation of clean water infrastructure
22capital investments. Notwithstanding any other law to the
23contrary, the Water Workforce Development Fund is not subject
24to sweeps, administrative charge-backs, or any other fiscal or
25budgetary maneuver that would in any way transfer any amounts
26from the Water Workforce Development Fund into any other fund



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1of the State.
2    (f) For purpose of this Section:
3    "Environmental justice community" has the meaning provided
4in subsection (b) of Section 1-50 of the Illinois Power Agency
6    "Multi-craft labor organization" means a joint
7labor-management apprenticeship program registered with and
8approved by the United States Department of Labor's Office of
9Apprenticeship or a labor organization that has an accredited
10training program through the Higher Learning Commission or the
11Illinois Community College Board.
12    "Organization" means a corporation, company, partnership,
13association, society, order, labor organization, or individual
14or aggregation of individuals.
15(Source: P.A. 101-576, eff. 1-1-20; 102-558, eff. 8-20-21.)
16    (20 ILCS 615/Act rep.)
17    Section 20. The Displaced Homemakers Assistance Act is
19    (20 ILCS 630/3 rep.)
20    (20 ILCS 630/5 rep.)
21    Section 22. The Illinois Emergency Employment Development
22Act is amended by repealing Sections 3 and 5.
23    Section 25. The Renewable Energy, Energy Efficiency, and



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1Coal Resources Development Law of 1997 is amended by changing
2Section 6-6 as follows:
3    (20 ILCS 687/6-6)
4    (Section scheduled to be repealed on December 31, 2025)
5    Sec. 6-6. Energy efficiency program.
6    (a) For the year beginning January 1, 1998, and thereafter
7as provided in this Section, each electric utility as defined
8in Section 3-105 of the Public Utilities Act and each
9alternative retail electric supplier as defined in Section
1016-102 of the Public Utilities Act supplying electric power
11and energy to retail customers located in the State of
12Illinois shall contribute annually a pro rata share of a total
13amount of $3,000,000 based upon the number of kilowatt-hours
14sold by each such entity in the 12 months preceding the year of
15contribution. On or before May 1 of each year, the Illinois
16Commerce Commission shall determine and notify the Agency of
17the pro rata share owed by each electric utility and each
18alternative retail electric supplier based upon information
19supplied annually to the Illinois Commerce Commission. On or
20before June 1 of each year, the Agency shall send written
21notification to each electric utility and each alternative
22retail electric supplier of the amount of pro rata share they
23owe. These contributions shall be remitted to the Illinois
24Environmental Protection Agency Department of Revenue on or
25before June 30 of each year the contribution is due on a return



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1prescribed and furnished by the Illinois Environmental
2Protection Agency Department of Revenue showing such
3information as the Illinois Environmental Protection Agency
4Department of Revenue may reasonably require. The funds
5received pursuant to this Section shall be subject to the
6appropriation of funds by the General Assembly. The Illinois
7Environmental Protection Agency Department of Revenue shall
8place the funds remitted under this Section in a trust fund,
9that is hereby created in the State Treasury, called the
10Energy Efficiency Trust Fund. If an electric utility or
11alternative retail electric supplier does not remit its pro
12rata share to the Illinois Environmental Protection Agency
13Department of Revenue, the Illinois Environmental Protection
14Agency Department of Revenue must inform the Illinois Commerce
15Commission of such failure. The Illinois Commerce Commission
16may then revoke the certification of that electric utility or
17alternative retail electric supplier. The Illinois Commerce
18Commission may not renew the certification of any electric
19utility or alternative retail electric supplier that is
20delinquent in paying its pro rata share. These changes made to
21this subsection (a) by this amendatory Act of the 103rd
22General Assembly apply beginning July 1, 2023.
23    (b) The Agency shall disburse the moneys in the Energy
24Efficiency Trust Fund to benefit residential electric
25customers through projects which the Agency has determined
26will promote energy efficiency in the State of Illinois. The



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1Department of Commerce and Economic Opportunity shall
2establish a list of projects eligible for grants from the
3Energy Efficiency Trust Fund including, but not limited to,
4supporting energy efficiency efforts for low-income
5households, replacing energy inefficient windows with more
6efficient windows, replacing energy inefficient appliances
7with more efficient appliances, replacing energy inefficient
8lighting with more efficient lighting, insulating dwellings
9and buildings, using market incentives to encourage energy
10efficiency, and such other projects which will increase energy
11efficiency in homes and rental properties.
12    (c) The Agency may, by administrative rule, establish
13criteria and an application process for this grant program.
14    (d) (Blank).
15    (e) (Blank).
16(Source: P.A. 102-444, eff. 8-20-21.)
17    (20 ILCS 701/Act rep.)
18    Section 27. The High Technology School-to-Work Act is
20    (20 ILCS 1120/Act rep.)
21    Section 30. The Energy Policy and Planning Act is
23    (20 ILCS 1510/65 rep.)



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1    Section 40. The Illinois Guaranteed Job Opportunity Act is
2amended by repealing Section 65.
3    (20 ILCS 2310/2310-76 rep.)
4    Section 45. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by repealing Section 2310-76.
7    (20 ILCS 2335/Act rep.)
8    Section 50. The Community Health Worker Advisory Board Act
9is repealed.
10    (20 ILCS 3934/Act rep.)
11    Section 55. The Electronic Health Records Taskforce Act is
13    Section 60. The Green Governments Illinois Act is amended
14by changing Section 15 as follows:
15    (20 ILCS 3954/15)
16    Sec. 15.Council membership and administrative support.
17Representatives from various State agencies and State
18universities with specific fiscal, procurement, educational,
19and environmental policy expertise shall comprise the Council.
20Until the effective date of this amendatory Act of the 97th
21General Assembly, the Lieutenant Governor is the chair of the



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1Council. On and after the effective date of this amendatory
2Act of the 97th General Assembly, the Governor is the chair of
3the Council, and the Lieutenant Governor, or his or her
4designee, shall be a member of the council. The director or
5President, respectively, of each of the following State
6agencies and State universities, or his or her designee, is a
7member of the Council: the Department of Commerce and Economic
8Opportunity, the Environmental Protection Agency, the
9University of Illinois, the Department of Natural Resources,
10the Department of Central Management Services, the Governor's
11Office of Management and Budget, the Department of
12Agriculture, the Department of Transportation, the Department
13of Corrections, the Department of Human Services, the
14Department of Public Health, the State Board of Education, the
15Board of Higher Education, and the Capital Development Board.
16    The Office of the Governor shall provide administrative
17support to the Council. A minimum of one staff position in the
18Office of the Governor shall be dedicated to the Green
19Governments Illinois program.
20(Source: P.A. 97-573, eff. 8-25-11; 98-346, eff. 8-14-13.)
21    (30 ILCS 105/5.914 rep.)
22    Section 63. The State Finance Act is amended by repealing
23Section 5.914.
24    Section 65. The State Finance Act is amended by changing



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1Sections 5k and 6z-75 as follows:
2    (30 ILCS 105/5k)
3    Sec. 5k. Cash flow borrowing and general funds liquidity;
5    (a) In order to meet cash flow deficits and to maintain
6liquidity in the General Revenue Fund and the Health Insurance
7Reserve Fund, on and after July 1, 2014 and through June 30,
82015, the State Treasurer and the State Comptroller shall make
9transfers to the General Revenue Fund and the Health Insurance
10Reserve Fund, as directed by the Governor, out of special
11funds of the State, to the extent allowed by federal law. No
12such transfer may reduce the cumulative balance of all of the
13special funds of the State to an amount less than the total
14debt service payable during the 12 months immediately
15following the date of the transfer on any bonded indebtedness
16of the State and any certificates issued under the Short Term
17Borrowing Act. At no time shall the outstanding total
18transfers made from the special funds of the State to the
19General Revenue Fund and the Health Insurance Reserve Fund
20under this Section exceed $650,000,000; once the amount of
21$650,000,000 has been transferred from the special funds of
22the State to the General Revenue Fund and the Health Insurance
23Reserve Fund, additional transfers may be made from the
24special funds of the State to the General Revenue Fund and the
25Health Insurance Reserve Fund under this Section only to the



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1extent that moneys have first been re-transferred from the
2General Revenue Fund and the Health Insurance Reserve Fund to
3those special funds of the State. Notwithstanding any other
4provision of this Section, no such transfer may be made from
5any special fund that is exclusively collected by or
6appropriated to any other constitutional officer without the
7written approval of that constitutional officer.
8    (b) If moneys have been transferred to the General Revenue
9Fund and the Health Insurance Reserve Fund pursuant to
10subsection (a) of this Section, this amendatory Act of the
1198th General Assembly shall constitute the continuing
12authority for and direction to the State Treasurer and State
13Comptroller to reimburse the funds of origin from the General
14Revenue Fund by transferring to the funds of origin, at such
15times and in such amounts as directed by the Governor when
16necessary to support appropriated expenditures from the funds,
17an amount equal to that transferred from them plus any
18interest that would have accrued thereon had the transfer not
19occurred. When any of the funds from which moneys have been
20transferred pursuant to subsection (a) have insufficient cash
21from which the State Comptroller may make expenditures
22properly supported by appropriations from the fund, then the
23State Treasurer and State Comptroller shall transfer from the
24General Revenue Fund to the fund only such amount as is
25immediately necessary to satisfy outstanding expenditure
26obligations on a timely basis.



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1    (c) On the first day of each quarterly period in each
2fiscal year, until such time as a report indicates that all
3moneys borrowed and interest pursuant to this Section have
4been repaid, the Governor's Office of Management and Budget
5shall provide to the President and the Minority Leader of the
6Senate, the Speaker and the Minority Leader of the House of
7Representatives, and the Commission on Government Forecasting
8and Accountability a report on all transfers made pursuant to
9this Section in the prior fiscal year quarterly period. The
10report must be provided in electronic format. The report must
11include all of the following:
12        (1) The date each transfer was made.
13        (2) The amount of each transfer.
14        (3) In the case of a transfer from the General Revenue
15    Fund to a fund of origin pursuant to subsection (b) of this
16    Section, the amount of interest being paid to the fund of
17    origin.
18        (4) The end of day balance of the fund of origin, the
19    General Revenue Fund and the Health Insurance Reserve Fund
20    on the date the transfer was made.
21(Source: P.A. 98-682, eff. 6-30-14; 99-523, eff. 6-30-16.)
22    (30 ILCS 105/6z-75)
23    Sec. 6z-75. The Illinois Power Agency Trust Fund.
24    (a) Creation. The Illinois Power Agency Trust Fund is
25created as a special fund in the State treasury. The State



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1Treasurer shall be the custodian of the Fund. Amounts in the
2Fund, both principal and interest not appropriated, shall be
3invested as provided by law.
4    (b) Funding and investment.
5        (1) The Illinois Power Agency Trust Fund may accept,
6    receive, and administer any grants, loans, or other funds
7    made available to it by any source. Any such funds
8    received by the Fund shall not be considered income, but
9    shall be added to the principal of the Fund.
10        (2) The investments of the Fund shall be managed by
11    the Illinois State Board of Investment, for the purpose of
12    obtaining a total return on investments for the long term,
13    as provided for under Article 22A of the Illinois Pension
14    Code.
15    (c) Investment proceeds. Subject to the provisions of
16subsection (d) of this Section, the General Assembly may
17annually appropriate from the Illinois Power Agency Trust Fund
18to the Illinois Power Agency Operations Fund an amount
19calculated not to exceed 90% of the prior fiscal year's annual
20investment income earned by the Illinois Power Agency Trust
21Fund to the Illinois Power Agency. Any investment income not
22appropriated by the General Assembly in a given fiscal year
23shall be added to the principal of the Fund, and thereafter
24considered a part thereof and not subject to appropriation as
25income earned by the Fund.
26    (d) Expenditures.



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1        (1) During Fiscal Year 2008 and Fiscal Year 2009, the
2    General Assembly shall not appropriate any of the
3    investment income earned by the Illinois Power Agency
4    Trust Fund to the Illinois Power Agency.
5        (2) During Fiscal Year 2010 and Fiscal Year 2011, the
6    General Assembly shall appropriate a portion of the
7    investment income earned by the Illinois Power Agency
8    Trust Fund to repay to the General Revenue Fund of the
9    State of Illinois those amounts, if any, appropriated from
10    the General Revenue Fund for the operation of the Illinois
11    Power Agency during Fiscal Year 2008 and Fiscal Year 2009,
12    so that at the end of Fiscal Year 2011, the entire amount,
13    if any, appropriated from the General Revenue Fund for the
14    operation of the Illinois Power Agency during Fiscal Year
15    2008 and Fiscal Year 2009 will be repaid in full to the
16    General Revenue Fund.
17        (3) In Fiscal Year 2012 and thereafter, the General
18    Assembly shall consider the need to balance its
19    appropriations from the investment income earned by the
20    Fund with the need to provide for the growth of the
21    principal of the Illinois Power Agency Trust Fund in order
22    to ensure that the Fund is able to produce sufficient
23    investment income to fund the operations of the Illinois
24    Power Agency in future years.
25        (4) If the Illinois Power Agency shall cease
26    operations, then, unless otherwise provided for by law or



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1    appropriation, the principal and any investment income
2    earned by the Fund shall be transferred into the
3    Supplemental Low-Income Energy Assistance Fund.
4    (e) Implementation. The provisions of this Section shall
5not be operative until the Illinois Power Agency Trust Fund
6has accumulated a principal balance of $25,000,000.
7(Source: P.A. 102-1071, eff. 6-10-22.)
8    Section 70. The Industrial Development Assistance Law is
9amended by changing Sections 4, 5, and 7 as follows:
10    (30 ILCS 720/4)  (from Ch. 85, par. 894)
11    Sec. 4. Recognition of industrial development agencies.
12The Department, upon receipt of certified copies of such
13resolutions as may be necessary to satisfy it that an
14industrial development agency has been duly chosen to act
15within a particular county, may shall recognize such
16industrial development agency as the sole such agency within
17such county for the purposes of this Act.
18(Source: P.A. 76-1961.)
19    (30 ILCS 720/5)  (from Ch. 85, par. 895)
20    Sec. 5. Applications for and approval of grants to
21industrial development agencies. Subject to appropriation, the
22The Department is authorized to make grants to recognized
23industrial development agencies, to assist such agencies in



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1the financing of their operational costs for the purposes of
2making studies, surveys and investigations, the compilation of
3data and statistics and in the carrying out of planning and
4promotional programs; but before any such grant may be made,
5    (A) The industrial development agency shall have made
6application to the Department for such grant, and shall have
7therein set forth the studies proposed to be made, the
8statistics, data and surveys proposed to be completed, and the
9program proposed to be undertaken for the purpose of
10encouraging and stimulating industrial development in the
11county. The application shall further state, under oath or
12affirmation, with evidence thereof satisfactory to the
13department, the amount of funds held by or committed or
14subscribed to the industrial development agency for
15application to the purposes herein described and the amount of
16the grant for which application is made; and
17    (B) The Department, after review of the application, if
18satisfied that the program of the industrial development
19agency appears to be in accord with the purposes of this Act,
20shall authorize the making of a matching grant to such
21industrial development agency equal to funds of the agency
22allocated by it to the program described in its application;
23but such State grant shall not exceed an amount equal to
24one-twentieth of one dollar for each inhabitant of the county
25or counties represented by such agency as determined by the
26last preceding decennial United States Census.



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1(Source: P.A. 76-1961.)
2    (30 ILCS 720/7)  (from Ch. 85, par. 897)
3    Sec. 7. Rules and regulations of the department. In order
4to effectuate and enforce the provisions of this Act, the
5Department may adopt is authorized to promulgate necessary
6rules and regulations and prescribe procedures in order to
7assure compliance by industrial development agencies in
8carrying out the purposes for which grants may be made
10(Source: P.A. 76-1961.)
11    Section 75. The Build Illinois Act is amended by changing
12Section 9-4.2a as follows:
13    (30 ILCS 750/9-4.2a)
14    Sec. 9-4.2a. Rural micro-business loans.
15    (a) In order to increase the growth of small rural
16businesses, the rural micro-business loan program is created
17and shall be administered by the Department of Commerce and
18Economic Opportunity, subject to appropriation. This program
19shall help small businesses that lack sufficient collateral or
20equity access funds at competitive terms to help create or
21retain jobs, modernize equipment or facilities, and maintain
22their competitiveness.
23    (b) In the making of loans for rural micro-businesses, as



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1defined below, the Department is authorized to employ
2different criteria in lieu of the general provisions of
3subsections (b), (d), (e), (f), (h), and (i) of Section 9-4.
4The Department shall adopt rules for the administration of
5this program.
6    For purposes of this Section, "rural micro-business" means
7a business that: (i) employs 5 or fewer full-time employees,
8including the owner if the owner is an employee, and (ii) is
9based on the production, processing, or marketing of
10agricultural products, forest products, cottage and craft
11products, or tourism.
12    (c) The Department may shall determine by rule the amount,
13term, interest rate, and allowable uses of loans awarded under
14this program, except that:
15        (1) The loan shall not exceed $25,000 or 50% of the
16    business project costs, unless the Director of the
17    Department determines that a waiver of these limits is
18    required to meet the purposes of this Act.
19        (2) The loan shall only be made if the Department
20    determines that the number of jobs to be created or
21    retained by the business is reasonable in relation to the
22    loan funds requested.
23        (3) The borrower shall provide a written statement of
24    the funds required to establish or support the business
25    and shall provide equity capital in an amount equal to 10%
26    of the first $10,000 of the required funds and equity



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1    capital, other loans, or leveraged capital, or any
2    combination thereof, in an amount equal to 50% of any
3    additional required funds.
4        (4) The loan shall be in a principal amount and form
5    and contain terms and provisions with respect to security,
6    insurance, reporting, delinquency charges, default
7    remedies, and other matters that the Department determines
8    are appropriate to protect the public interest and are
9    consistent with the purposes of this Section. The terms
10    and provisions may be less than required for similar loans
11    not covered by this Section.
12        (5) The Department shall award no less than 80% of the
13    amount available for this program for loans to businesses
14    that are located in counties with a population of 100,000
15    or less.
16(Source: P.A. 94-392, eff. 8-1-05.)
17    Section 80. The State Mandates Act is amended by changing
18Section 4 as follows:
19    (30 ILCS 805/4)  (from Ch. 85, par. 2204)
20    Sec. 4. Collection and maintenance of information
21concerning state mandates.
22    (a) The Department of Commerce and Economic Opportunity,
23hereafter referred to as the Department, shall, subject to
24appropriation, be responsible for:



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1        (1) Collecting and maintaining information on State
2    mandates, including information required for effective
3    implementation of the provisions of this Act.
4        (2) Reviewing local government applications for
5    reimbursement submitted under this Act in cases in which
6    the General Assembly has appropriated funds to reimburse
7    local governments for costs associated with the
8    implementation of a State mandate. In cases in which there
9    is no appropriation for reimbursement, upon a request for
10    determination of a mandate by a unit of local government,
11    or more than one unit of local government filing a single
12    request, other than a school district or a community
13    college district, the Department shall determine whether a
14    Public Act constitutes a mandate and, if so, the Statewide
15    cost of implementation.
16        (3) Hearing complaints or suggestions from local
17    governments and other affected organizations as to
18    existing or proposed State mandates.
19        (4) Reporting each year to the Governor and the
20    General Assembly regarding the administration of
21    provisions of this Act and changes proposed to this Act.
22    The Commission on Government Forecasting and
23Accountability shall conduct public hearings as needed to
24review the information collected and the recommendations made
25by the Department under this subsection (a). The Department
26shall cooperate fully with the Commission on Government



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1Forecasting and Accountability, providing any information,
2supporting documentation and other assistance required by the
3Commission on Government Forecasting and Accountability to
4facilitate the conduct of the hearing.
5    (b) Within 2 years following the effective date of this
6Act, the Department shall, subject to appropriation, collect
7and tabulate relevant information as to the nature and scope
8of each existing State mandate, including but not necessarily
9limited to (i) identity of type of local government and local
10government agency or official to whom the mandate is directed;
11(ii) whether or not an identifiable local direct cost is
12necessitated by the mandate and the estimated annual amount;
13(iii) extent of State financial participation, if any, in
14meeting identifiable costs; (iv) State agency, if any, charged
15with supervising the implementation of the mandate; and (v) a
16brief description of the mandate and a citation of its origin
17in statute or regulation.
18    (c) The resulting information from subsection (b) shall be
19published in a catalog available to members of the General
20Assembly, State and local officials, and interested citizens.
21As new mandates are enacted they shall be added to the catalog,
22and each January 31 the Department shall, subject to
23appropriation, list each new mandate enacted at the preceding
24session of the General Assembly, and the estimated additional
25identifiable direct costs, if any imposed upon local
26governments. A revised version of the catalog shall, subject



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1to appropriation, be published every 2 years beginning with
2the publication date of the first catalog.
3    (d) Failure of the General Assembly to appropriate
4adequate funds for reimbursement as required by this Act shall
5not relieve the Department of Commerce and Economic
6Opportunity from its obligations under this Section.
7(Source: P.A. 100-1148, eff. 12-10-18.)
8    (70 ILCS 210/22.1 rep.)
9    Section 85. The Metropolitan Pier and Exposition Authority
10Act is amended by repealing Section 22.1.
11    Section 90. The Forensic Psychiatry Fellowship Training
12Act is amended by changing Section 5 as follows:
13    (110 ILCS 46/5)
14    Sec. 5. Creation of program. The University of Illinois
15at Chicago and Southern Illinois University shall expand their
16focuses on enrolling, training, and graduating forensic mental
17health professionals by each creating, subject to
18appropriations, a forensic psychiatry fellowship training
19program at their Colleges of Medicine.
20(Source: P.A. 95-22, eff. 8-3-07.)
21    Section 95. The Liquor Control Act of 1934 is amended by
22changing Sections 6-5 and 9-12 as follows:



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1    (235 ILCS 5/6-5)  (from Ch. 43, par. 122)
2    Sec. 6-5. Except as otherwise provided in this Section, it
3is unlawful for any person having a retailer's license or any
4officer, associate, member, representative or agent of such
5licensee to accept, receive or borrow money, or anything else
6of value, or accept or receive credit (other than
7merchandising credit in the ordinary course of business for a
8period not to exceed 30 days) directly or indirectly from any
9manufacturer, importing distributor or distributor of
10alcoholic liquor, or from any person connected with or in any
11way representing, or from any member of the family of, such
12manufacturer, importing distributor, distributor or
13wholesaler, or from any stockholders in any corporation
14engaged in manufacturing, distributing or wholesaling of such
15liquor, or from any officer, manager, agent or representative
16of said manufacturer. Except as provided below, it is unlawful
17for any manufacturer or distributor or importing distributor
18to give or lend money or anything of value, or otherwise loan
19or extend credit (except such merchandising credit) directly
20or indirectly to any retail licensee or to the manager,
21representative, agent, officer or director of such licensee. A
22manufacturer, distributor or importing distributor may furnish
23free advertising, posters, signs, brochures, hand-outs, or
24other promotional devices or materials to any unit of
25government owning or operating any auditorium, exhibition



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1hall, recreation facility or other similar facility holding a
2retailer's license, provided that the primary purpose of such
3promotional devices or materials is to promote public events
4being held at such facility. A unit of government owning or
5operating such a facility holding a retailer's license may
6accept such promotional devices or materials designed
7primarily to promote public events held at the facility. No
8retail licensee delinquent beyond the 30 day period specified
9in this Section shall solicit, accept or receive credit,
10purchase or acquire alcoholic liquors, directly or indirectly
11from any other licensee, and no manufacturer, distributor or
12importing distributor shall knowingly grant or extend credit,
13sell, furnish or supply alcoholic liquors to any such
14delinquent retail licensee; provided that the purchase price
15of all beer sold to a retail licensee shall be paid by the
16retail licensee in cash on or before delivery of the beer, and
17unless the purchase price payable by a retail licensee for
18beer sold to him in returnable bottles shall expressly include
19a charge for the bottles and cases, the retail licensee shall,
20on or before delivery of such beer, pay the seller in cash a
21deposit in an amount not less than the deposit required to be
22paid by the distributor to the brewer; but where the brewer
23sells direct to the retailer, the deposit shall be an amount no
24less than that required by the brewer from his own
25distributors; and provided further, that in no instance shall
26this deposit be less than 50 cents for each case of beer in



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1pint or smaller bottles and 60 cents for each case of beer in
2quart or half-gallon bottles; and provided further, that the
3purchase price of all beer sold to an importing distributor or
4distributor shall be paid by such importing distributor or
5distributor in cash on or before the 15th day (Sundays and
6holidays excepted) after delivery of such beer to such
7purchaser; and unless the purchase price payable by such
8importing distributor or distributor for beer sold in
9returnable bottles and cases shall expressly include a charge
10for the bottles and cases, such importing distributor or
11distributor shall, on or before the 15th day (Sundays and
12holidays excepted) after delivery of such beer to such
13purchaser, pay the seller in cash a required amount as a
14deposit to assure the return of such bottles and cases.
15Nothing herein contained shall prohibit any licensee from
16crediting or refunding to a purchaser the actual amount of
17money paid for bottles, cases, kegs or barrels returned by the
18purchaser to the seller or paid by the purchaser as a deposit
19on bottles, cases, kegs or barrels, when such containers or
20packages are returned to the seller. Nothing herein contained
21shall prohibit any manufacturer, importing distributor or
22distributor from extending usual and customary credit for
23alcoholic liquor sold to customers or purchasers who live in
24or maintain places of business outside of this State when such
25alcoholic liquor is actually transported and delivered to such
26points outside of this State.



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1    A manufacturer, distributor, or importing distributor may
2furnish free social media advertising to a retail licensee if
3the social media advertisement does not contain the retail
4price of any alcoholic liquor and the social media
5advertisement complies with any applicable rules or
6regulations issued by the Alcohol and Tobacco Tax and Trade
7Bureau of the United States Department of the Treasury. A
8manufacturer, distributor, or importing distributor may list
9the names of one or more unaffiliated retailers in the
10advertisement of alcoholic liquor through social media.
11Nothing in this Section shall prohibit a retailer from
12communicating with a manufacturer, distributor, or importing
13distributor on social media or sharing media on the social
14media of a manufacturer, distributor, or importing
15distributor. A retailer may request free social media
16advertising from a manufacturer, distributor, or importing
17distributor. Nothing in this Section shall prohibit a
18manufacturer, distributor, or importing distributor from
19sharing, reposting, or otherwise forwarding a social media
20post by a retail licensee, so long as the sharing, reposting,
21or forwarding of the social media post does not contain the
22retail price of any alcoholic liquor. No manufacturer,
23distributor, or importing distributor shall pay or reimburse a
24retailer, directly or indirectly, for any social media
25advertising services, except as specifically permitted in this
26Act. No retailer shall accept any payment or reimbursement,



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1directly or indirectly, for any social media advertising
2services offered by a manufacturer, distributor, or importing
3distributor, except as specifically permitted in this Act. For
4the purposes of this Section, "social media" means a service,
5platform, or site where users communicate with one another and
6share media, such as pictures, videos, music, and blogs, with
7other users free of charge.
8    No right of action shall exist for the collection of any
9claim based upon credit extended to a distributor, importing
10distributor or retail licensee contrary to the provisions of
11this Section.
12    Every manufacturer, importing distributor and distributor
13shall submit or cause to be submitted, to the State
14Commission, in triplicate, not later than Thursday of each
15calendar week, a verified written list of the names and
16respective addresses of each retail licensee purchasing
17spirits or wine from such manufacturer, importing distributor
18or distributor who, on the first business day of that calendar
19week, was delinquent beyond the above mentioned permissible
20merchandising credit period of 30 days; or, if such is the
21fact, a verified written statement that no retail licensee
22purchasing spirits or wine was then delinquent beyond such
23permissible merchandising credit period of 30 days.
24    Every manufacturer, importing distributor and distributor
25shall submit or cause to be submitted, to the State
26Commission, in triplicate, a verified written list of the



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1names and respective addresses of each previously reported
2delinquent retail licensee who has cured such delinquency by
3payment, which list shall be submitted not later than the
4close of the second full business day following the day such
5delinquency was so cured.
6    The written list of delinquent retail licensees shall be
7developed, administered, and maintained only by the State
8Commission. The State Commission shall notify each retail
9licensee that it has been placed on the delinquency list.
10Determinations of delinquency or nondelinquency shall be made
11only by the State Commission.
12    Such written verified reports required to be submitted by
13this Section shall be posted by the State Commission in each of
14its offices in places available for public inspection not
15later than the day following receipt thereof by the State
16Commission. The reports so posted shall constitute notice to
17every manufacturer, importing distributor and distributor of
18the information contained therein. Actual notice to
19manufacturers, importing distributors and distributors of the
20information contained in any such posted reports, however
21received, shall also constitute notice of such information.
22    The 30-day merchandising credit period allowed by this
23Section shall commence with the day immediately following the
24date of invoice and shall include all successive days
25including Sundays and holidays to and including the 30th
26successive day.



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1    In addition to other methods allowed by law, payment by
2check or credit card during the period for which merchandising
3credit may be extended under the provisions of this Section
4shall be considered payment. All checks received in payment
5for alcoholic liquor shall be promptly deposited for
6collection. A post dated check or a check dishonored on
7presentation for payment shall not be deemed payment.
8    A credit card payment in dispute by a retailer shall not be
9deemed payment, and the debt uncured for merchandising credit
10shall be reported as delinquent. Nothing in this Section shall
11prevent a distributor, self-distributing manufacturer, or
12importing distributor from assessing a usual and customary
13transaction fee representative of the actual finance charges
14incurred for processing a credit card payment. This
15transaction fee shall be disclosed on the invoice. It shall be
16considered unlawful for a distributor, importing distributor,
17or self-distributing manufacturer to waive finance charges for
19    A retail licensee shall not be deemed to be delinquent in
20payment for any alleged sale to him of alcoholic liquor when
21there exists a bona fide dispute between such retailer and a
22manufacturer, importing distributor or distributor with
23respect to the amount of indebtedness existing because of such
24alleged sale. A retail licensee shall not be deemed to be
25delinquent under this provision and 11 Ill. Adm. Code 100.90
26until 30 days after the date on which the region in which the



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1retail licensee is located enters Phase 4 of the Governor's
2Restore Illinois Plan as issued on May 5, 2020.
3    A delinquent retail licensee who engages in the retail
4liquor business at 2 or more locations shall be deemed to be
5delinquent with respect to each such location.
6    The license of any person who violates any provision of
7this Section shall be subject to suspension or revocation in
8the manner provided by this Act.
9    If any part or provision of this Article or the
10application thereof to any person or circumstances shall be
11adjudged invalid by a court of competent jurisdiction, such
12judgment shall be confined by its operation to the controversy
13in which it was mentioned and shall not affect or invalidate
14the remainder of this Article or the application thereof to
15any other person or circumstance and to this and the
16provisions of this Article are declared severable.
17(Source: P.A. 101-631, eff. 6-2-20; 102-8, eff. 6-2-21;
18102-442, eff. 1-1-22; 102-813, eff. 5-13-22.)
19    (235 ILCS 5/9-12)  (from Ch. 43, par. 175.1)
20    Sec. 9-12. Within 10 days after the filing of any petition
21under this Article, the official with whom the petition is
22filed shall prepare, in quintuplicate, the report hereinafter
23prescribed. One copy shall be kept on file in the official's
24office, and he shall, by registered mail, send two copies to
25the Secretary of State, one copy to the county clerk and one



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1copy to the person who filed the petition.
2    The official shall make such report substantially in the
3following form:
4    Report of filing of petition for local option election to
5be held on .... in .... (name of precinct, etc.).
6Date of filing ....
7By whom filed ....
8Number of signers ....
9Proposal(s) to be voted upon ....
.... (Official)

11    Immediately upon completion of the canvass of any local
12option election, the official shall prepare, in quadruplicate,
13a report of the election result as hereinafter prescribed, and
14shall keep one copy on file in his office , and, within 10 days
15after the canvass, shall, by registered mail, send two copies
16to the Secretary of State and one copy to the county clerk. The
17report shall be substantially as follows:
18    Report of local option election held on .... in .... (name
19of precinct, etc.) upon the following proposal(s) ....
Number voting "YES" ....
Number voting "NO" ....
.... (Official)




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1    The official shall sign each copy of every report required
2by this Section.
3    The Secretary of State and the county clerk shall keep on
4file in their offices, available for inspection, any report
5received by him pursuant to this Section.
6(Source: P.A. 91-357, eff. 7-29-99.)
7    Section 100. The Atherosclerosis Prevention Act is amended
8by changing Section 15 as follows:
9    (410 ILCS 3/15)
10    Sec. 15. Duties. The Department of Public Health, with the
11advice of the Atherosclerosis Advisory Committee, shall do all
12of the following:
13        (1) Develop standards for determining eligibility for
14    support of research, education, and prevention activities.
15        (2) Assist in the development and expansion of
16    programs for research in the causes and cures of
17    atherosclerosis, including medical procedures and
18    techniques that have a lifesaving effect in the care and
19    treatment of persons suffering from the disease.
20        (3) Assist in expanding resources for research and
21    medical care in the cardiovascular disease field.
22        (4) Establish or cause to be established, through its
23    own resources or by contract or otherwise, with other
24    agencies or institutions, facilities and systems for early



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1    detection of persons with heart disease or conditions that
2    might lead to heart disease and for referral to those
3    persons' physicians or other appropriate resources for
4    care.
5        (5) Institute and carry on educational programs among
6    physicians, hospitals, public health departments, and the
7    public concerning atherosclerosis, including the
8    dissemination of information and the conducting of
9    educational programs concerning the prevention of
10    atherosclerosis and the methods for the care and treatment
11    of persons suffering from the disease.
12(Source: P.A. 91-343, eff. 1-1-00.)
13    Section 105. The Environmental Protection Act is amended
14by changing Section 55.6 as follows:
15    (415 ILCS 5/55.6)  (from Ch. 111 1/2, par. 1055.6)
16    Sec. 55.6. Used Tire Management Fund.
17    (a) There is hereby created in the State Treasury a
18special fund to be known as the Used Tire Management Fund.
19There shall be deposited into the Fund all monies received as
20(1) recovered costs or proceeds from the sale of used tires
21under Section 55.3 of this Act, (2) repayment of loans from the
22Used Tire Management Fund, or (3) penalties or punitive
23damages for violations of this Title, except as provided by
24subdivision (b)(4) or (b)(4-5) of Section 42.



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1    (b) Beginning January 1, 1992, in addition to any other
2fees required by law, the owner or operator of each site
3required to be registered or permitted under subsection (d) or
4(d-5) of Section 55 shall pay to the Agency an annual fee of
5$100. Fees collected under this subsection shall be deposited
6into the Environmental Protection Permit and Inspection Fund.
7    (c) Pursuant to appropriation, moneys up to an amount of
8$4 million per fiscal year from the Used Tire Management Fund
9shall be allocated as follows:
10        (1) 38% shall be available to the Agency for the
11    following purposes, provided that priority shall be given
12    to item (i):
13            (i) To undertake preventive, corrective or removal
14        action as authorized by and in accordance with Section
15        55.3, and to recover costs in accordance with Section
16        55.3.
17            (ii) For the performance of inspection and
18        enforcement activities for used and waste tire sites.
19            (iii) (Blank).
20            (iv) To provide financial assistance to units of
21        local government for the performance of inspecting,
22        investigating and enforcement activities pursuant to
23        subsection (r) of Section 4 at used and waste tire
24        sites.
25            (v) To provide financial assistance for used and
26        waste tire collection projects sponsored by local



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1        government or not-for-profit corporations.
2            (vi) For the costs of fee collection and
3        administration relating to used and waste tires, and
4        to accomplish such other purposes as are authorized by
5        this Act and regulations thereunder.
6            (vii) To provide financial assistance to units of
7        local government and private industry for the purposes
8        of:
9                (A) assisting in the establishment of
10            facilities and programs to collect, process, and
11            utilize used and waste tires and tire-derived
12            materials;
13                (B) demonstrating the feasibility of
14            innovative technologies as a means of collecting,
15            storing, processing, and utilizing used and waste
16            tires and tire-derived materials; and
17                (C) applying demonstrated technologies as a
18            means of collecting, storing, processing, and
19            utilizing used and waste tires and tire-derived
20            materials.
21        (2) (Blank).
22        (2.1) For the fiscal year beginning July 1, 2004 and
23    for all fiscal years thereafter, 23% shall be deposited
24    into the General Revenue Fund. Prior to the fiscal year
25    beginning July 1, 2023, such Such transfers are at the
26    direction of the Department of Revenue, and shall be made



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1    within 30 days after the end of each quarter. Beginning
2    with the fiscal year beginning July 1, 2023, such
3    transfers are at the direction of the Agency and shall be
4    made within 30 days after the end of each quarter.
5        (3) 25% shall be available to the Illinois Department
6    of Public Health for the following purposes:
7            (A) To investigate threats or potential threats to
8        the public health related to mosquitoes and other
9        vectors of disease associated with the improper
10        storage, handling and disposal of tires, improper
11        waste disposal, or natural conditions.
12            (B) To conduct surveillance and monitoring
13        activities for mosquitoes and other arthropod vectors
14        of disease, and surveillance of animals which provide
15        a reservoir for disease-producing organisms.
16            (C) To conduct training activities to promote
17        vector control programs and integrated pest management
18        as defined in the Vector Control Act.
19            (D) To respond to inquiries, investigate
20        complaints, conduct evaluations and provide technical
21        consultation to help reduce or eliminate public health
22        hazards and nuisance conditions associated with
23        mosquitoes and other vectors.
24            (E) To provide financial assistance to units of
25        local government for training, investigation and
26        response to public nuisances associated with



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1        mosquitoes and other vectors of disease.
2        (4) 2% shall be available to the Department of
3    Agriculture for its activities under the Illinois
4    Pesticide Act relating to used and waste tires.
5        (5) 2% shall be available to the Pollution Control
6    Board for administration of its activities relating to
7    used and waste tires.
8        (6) 10% shall be available to the University of
9    Illinois for the Prairie Research Institute to perform
10    research to study the biology, distribution, population
11    ecology, and biosystematics of tire-breeding arthropods,
12    especially mosquitoes, and the diseases they spread.
13    (d) By January 1, 1998, and biennially thereafter, each
14State agency receiving an appropriation from the Used Tire
15Management Fund shall report to the Governor and the General
16Assembly on its activities relating to the Fund.
17    (e) Any monies appropriated from the Used Tire Management
18Fund, but not obligated, shall revert to the Fund.
19    (f) In administering the provisions of subdivisions (1),
20(2) and (3) of subsection (c) of this Section, the Agency, the
21Department of Commerce and Economic Opportunity, and the
22Illinois Department of Public Health shall ensure that
23appropriate funding assistance is provided to any municipality
24with a population over 1,000,000 or to any sanitary district
25which serves a population over 1,000,000.
26    (g) Pursuant to appropriation, monies in excess of $4



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1million per fiscal year from the Used Tire Management Fund
2shall be used as follows:
3        (1) 55% shall be available to the Agency for the
4    following purposes, provided that priority shall be given
5    to subparagraph (A):
6            (A) To undertake preventive, corrective or renewed
7        action as authorized by and in accordance with Section
8        55.3 and to recover costs in accordance with Section
9        55.3.
10            (B) To provide financial assistance to units of
11        local government and private industry for the purposes
12        of:
13                (i) assisting in the establishment of
14            facilities and programs to collect, process, and
15            utilize used and waste tires and tire-derived
16            materials;
17                (ii) demonstrating the feasibility of
18            innovative technologies as a means of collecting,
19            storing, processing, and utilizing used and waste
20            tires and tire-derived materials; and
21                (iii) applying demonstrated technologies as a
22            means of collecting, storing, processing, and
23            utilizing used and waste tires and tire-derived
24            materials.
25            (C) To provide grants to public universities for
26        vector-related research, disease-related research, and



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1        for related laboratory-based equipment and field-based
2        equipment.
3        (2) (Blank).
4        (3) For the fiscal year beginning July 1, 2004 and for
5    all fiscal years thereafter, 45% shall be deposited into
6    the General Revenue Fund. Prior to the fiscal year
7    beginning July 1, 2023, such Such transfers are at the
8    direction of the Department of Revenue, and shall be made
9    within 30 days after the end of each quarter. Beginning
10    with the fiscal year beginning July 1, 2023, such
11    transfers are at the direction of the Agency and shall be
12    made within 30 days after the end of each quarter.
13(Source: P.A. 100-103, eff. 8-11-17; 100-327, eff. 8-24-17;
14100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
158-14-18; 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
16    (615 ILCS 60/Act rep.)
17    Section 110. The Des Plaines and Illinois Rivers Act is
19    Section 115. The Minimum Wage Law is amended by changing
20Section 10 as follows:
21    (820 ILCS 105/10)  (from Ch. 48, par. 1010)
22    Sec. 10. (a) The Director shall make and revise
23administrative regulations, including definitions of terms, as



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1he deems appropriate to carry out the purposes of this Act, to
2prevent the circumvention or evasion thereof, and to safeguard
3the minimum wage established by the Act. Regulations governing
4employment of learners may be issued only after notice and
5opportunity for public hearing, as provided in subsection (c)
6of this Section.
7    (b) In order to prevent curtailment of opportunities for
8employment, avoid undue hardship, and safeguard the minimum
9wage rate under this Act, the Director may also issue
10regulations providing for the employment of workers with
11disabilities at wages lower than the wage rate applicable
12under this Act, under permits and for such periods of time as
13specified therein; and providing for the employment of
14learners at wages lower than the wage rate applicable under
15this Act. However, such regulation shall not permit lower
16wages for persons with disabilities on any basis that is
17unrelated to such person's ability resulting from his
18disability, and such regulation may be issued only after
19notice and opportunity for public hearing as provided in
20subsection (c) of this Section.
21    (c) Prior to the adoption, amendment or repeal of any rule
22or regulation by the Director under this Act, except
23regulations which concern only the internal management of the
24Department of Labor and do not affect any public right
25provided by this Act, the Director shall give proper notice to
26persons in any industry or occupation that may be affected by



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1the proposed rule or regulation, and hold a public hearing on
2his proposed action at which any such affected person, or his
3duly authorized representative, may attend and testify or
4present other evidence for or against such proposed rule or
5regulation. Rules and regulations adopted under this Section
6shall be filed with the Secretary of State in compliance with
7"An Act concerning administrative rules", as now or hereafter
8amended. Such adopted and filed rules and regulations shall
9become effective 10 days after copies thereof have been mailed
10by the Department to persons in industries affected thereby at
11their last known address.
12    (d) The commencement of proceedings by any person
13aggrieved by an administrative regulation issued under this
14Act does not, unless specifically ordered by the Court,
15operate as a stay of that administrative regulation against
16other persons. The Court shall not grant any stay of an
17administrative regulation unless the person complaining of
18such regulation files in the Court an undertaking with a
19surety or sureties satisfactory to the Court for the payment
20to the employees affected by the regulation, in the event such
21regulation is affirmed, of the amount by which the
22compensation such employees are entitled to receive under the
23regulation exceeds the compensation they actually receive
24while such stay is in effect.
25    (e) The Department may adopt emergency rules in accordance
26with Section 5-45 of the Illinois Administrative Procedure Act



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1to implement the changes made by this amendatory Act of the
2101st General Assembly.
3(Source: P.A. 101-1, eff. 2-19-19.)
4    Section 999. Effective date. This Act takes effect upon
5becoming law.".