Full Text of SB2500 101st General Assembly
SB2500 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2500 Introduced 1/28/2020, by Sen. Dan McConchie SYNOPSIS AS INTRODUCED: |
| |
Amends and repeals various Acts by abolishing various State governmental entities to effect changes in the statutes to conform the statutes to the changes in law made by Executive Order 2018-11 and by making other conforming changes. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | SB2500 | | LRB101 11855 RLC 58807 b |
|
| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. This Act effects the changes in the statutes | 5 | | that are necessary to conform the statutes to the changes in | 6 | | law made by Executive Order 2018-11. Any transitional matter | 7 | | concerning an entity abolished in this Act that has not been | 8 | | completed on the effective date of this Act shall be completed | 9 | | in accordance with Sections II and IV of Executive Order | 10 | | 2018-11. | 11 | | Section 5. The State Agency Web Site Act is amended by | 12 | | changing Section 10 as follows:
| 13 | | (5 ILCS 177/10)
| 14 | | Sec. 10. Cookies and other invasive tracking programs.
| 15 | | (a) Except as otherwise provided in subsection (b),
State | 16 | | agency Web
sites may
not use permanent cookies or any other | 17 | | invasive tracking programs that monitor
and track
Web site
| 18 | | viewing habits; however, a State agency Web site may use | 19 | | transactional cookies
that facilitate business transactions.
| 20 | | (b) Permanent cookies used by State agency Web sites may be | 21 | | exempt from
the prohibition in subsection (a) if they meet the | 22 | | following criteria:
|
| | | SB2500 | - 2 - | LRB101 11855 RLC 58807 b |
|
| 1 | | (1) The use of permanent cookies adds value to the user | 2 | | otherwise
not available;
| 3 | | (2) The permanent cookies are not used to monitor and | 4 | | track web site
viewing habits unless all types of | 5 | | information collected and the State's
use of that | 6 | | information add user value and are disclosed through a
| 7 | | comprehensive online privacy statement.
| 8 | | The Internet Privacy Task Force established under Section 15 | 9 | | shall define the
exemption and limitations of this subsection | 10 | | (b) in practice.
| 11 | | (Source: P.A. 93-117, eff. 1-1-04 .)
| 12 | | (5 ILCS 177/15 rep.) | 13 | | Section 10. The State Agency Web Site Act is amended by | 14 | | repealing Section 15. | 15 | | Section 15. The Department of Commerce and Economic | 16 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 17 | | amended by changing Sections 605-300 and 605-600 as follows:
| 18 | | (20 ILCS 605/605-300) (was 20 ILCS 605/46.2)
| 19 | | Sec. 605-300. Economic and business development plans ; | 20 | | Illinois Business Development Council . (a) Economic | 21 | | development plans. The Department shall develop a strategic | 22 | | economic development plan for the State by July 1, 2014. By no | 23 | | later than July 1, 2015, and by July 1 annually thereafter, the |
| | | SB2500 | - 3 - | LRB101 11855 RLC 58807 b |
|
| 1 | | Department shall make modifications to the plan as | 2 | | modifications are warranted by changes in economic conditions | 3 | | or by other factors, including changes in policy. In addition | 4 | | to the annual modification, the plan shall be reviewed and | 5 | | redeveloped in full every 5 years. In the development of the | 6 | | annual economic development plan, the Department shall consult | 7 | | with representatives of the private sector, other State | 8 | | agencies, academic institutions, local economic development | 9 | | organizations, local governments, and not-for-profit | 10 | | organizations. The annual economic development plan shall set | 11 | | specific, measurable, attainable, relevant, and time-sensitive | 12 | | goals and shall include a focus on areas of high unemployment | 13 | | or poverty. | 14 | | The term "economic development" shall be construed broadly | 15 | | by the Department and may include, but is not limited to, job | 16 | | creation, job retention, tax base enhancements, development of | 17 | | human capital, workforce productivity, critical | 18 | | infrastructure, regional competitiveness, social inclusion, | 19 | | standard of living, environmental sustainability, energy | 20 | | independence, quality of life, the effective use of financial | 21 | | incentives, the utilization of public private partnerships | 22 | | where appropriate, and other metrics determined by the | 23 | | Department. | 24 | | The plan shall be based on relevant economic data, focus on | 25 | | economic development as prescribed by this Section, and | 26 | | emphasize strategies to retain and create jobs. |
| | | SB2500 | - 4 - | LRB101 11855 RLC 58807 b |
|
| 1 | | The plan shall identify and develop specific strategies for | 2 | | utilizing the assets of regions within the State defined as | 3 | | counties and municipalities or other political subdivisions in | 4 | | close geographical proximity that share common economic traits | 5 | | such as commuting zones, labor market areas, or other | 6 | | economically integrated characteristics. | 7 | | If the plan includes strategies that have a fiscal impact | 8 | | on the Department or any other agency, the plan shall include a | 9 | | detailed description of the estimated fiscal impact of such | 10 | | strategies. | 11 | | Prior to publishing the plan in its final form, the | 12 | | Department shall allow for a reasonable time for public input. | 13 | | The Department shall transmit copies of the economic | 14 | | development plan to the Governor and the General Assembly no | 15 | | later than July 1, 2014, and by July 1 annually thereafter. The | 16 | | plan and its corresponding modifications shall be published and | 17 | | made available to the public in both paper and electronic | 18 | | media, on the Department's website, and by any other method | 19 | | that the Department deems appropriate. | 20 | | The Department shall annually submit legislation to | 21 | | implement the strategic economic development plan or | 22 | | modifications to the strategic economic development plan to the | 23 | | Governor, the President and Minority Leader of the Senate, and | 24 | | the Speaker and the Minority Leader of the House of | 25 | | Representatives. The legislation shall be in the form of one or | 26 | | more substantive bills drafted by the Legislative Reference |
| | | SB2500 | - 5 - | LRB101 11855 RLC 58807 b |
|
| 1 | | Bureau. | 2 | | (b) Business development plans; Illinois Business | 3 | | Development Council. | 4 | | (1) There is created the Illinois Business Development | 5 | | Council, hereinafter referred to as the Council. The | 6 | | Council shall consist of the Director, who shall serve as | 7 | | co-chairperson, and 12 voting members who shall be | 8 | | appointed by the Governor with the advice and consent of | 9 | | the Senate. | 10 | | (A) The voting members of the Council shall include | 11 | | one representative from each of the following | 12 | | businesses and groups: small business, coal, | 13 | | healthcare, large manufacturing, small or specialized | 14 | | manufacturing, agriculture, high technology or applied | 15 | | science, local economic development entities, private | 16 | | sector organized labor, a local or state business | 17 | | association or chamber of commerce. | 18 | | (B) There shall be 2 at-large voting members who | 19 | | reside within areas of high unemployment within | 20 | | counties or municipalities that have had an annual | 21 | | average unemployment rate of at least 120% of the | 22 | | State's annual average unemployment rate as reported | 23 | | by the Department of Employment Security for the 5 | 24 | | years preceding the date of appointment. | 25 | | (2) All appointments shall be made in a geographically | 26 | | diverse manner. |
| | | SB2500 | - 6 - | LRB101 11855 RLC 58807 b |
|
| 1 | | (3) For the initial appointments to the Council, 6 | 2 | | voting members shall be appointed to serve a 2-year term | 3 | | and 6 voting members shall be appointed to serve a 4-year | 4 | | term. Thereafter, all appointments shall be for terms of 4 | 5 | | years. The initial term of voting members shall commence on | 6 | | the first Wednesday in February 2014. Thereafter, the terms | 7 | | of voting members shall commence on the first Wednesday in | 8 | | February, except in the case of an appointment to fill a | 9 | | vacancy. Vacancies occurring among the members shall be | 10 | | filled in the same manner as the original appointment for | 11 | | the remainder of the unexpired term. For a vacancy | 12 | | occurring when the Senate is not in session, the Governor | 13 | | may make a temporary appointment until the next meeting of | 14 | | the Senate when a person shall be nominated to fill the | 15 | | office, and, upon confirmation by the Senate, he or she | 16 | | shall hold office during the remainder of the term. A | 17 | | vacancy in membership does not impair the ability of a | 18 | | quorum to exercise all rights and perform all duties of the | 19 | | Council. A member is eligible for reappointment. | 20 | | (4) Members shall serve without compensation, but may | 21 | | be reimbursed for necessary expenses incurred in the | 22 | | performance of their duties from funds appropriated for | 23 | | that purpose. | 24 | | (5) In addition, the following shall serve as ex | 25 | | officio, non-voting members of the Council in order to | 26 | | provide specialized advice and support to the Council: the |
| | | SB2500 | - 7 - | LRB101 11855 RLC 58807 b |
|
| 1 | | Secretary of Transportation, or his or her designee; the | 2 | | Director of Employment Security, or his or her designee; | 3 | | the Executive Director of the Illinois Finance Authority, | 4 | | or his or her designee; the Director of Agriculture, or his | 5 | | or her designee; the Director of Revenue, or his or her | 6 | | designee; the Director of Labor, or his or her designee; | 7 | | and the Director of the Environmental Protection Agency, or | 8 | | his or her designee. Ex officio members shall provide staff | 9 | | and technical assistance to the Council when appropriate. | 10 | | (6) In addition to the Director, the voting members | 11 | | shall elect a co-chairperson. | 12 | | (7) The Council shall meet at least twice annually and | 13 | | at such other times as the co-chairpersons or any 5 voting | 14 | | members consider necessary. Seven voting members shall | 15 | | constitute a quorum of the Council. | 16 | | (8) The Department shall provide staff assistance to | 17 | | the Council. | 18 | | (9) The Council shall provide the Department relevant | 19 | | information in a timely manner pursuant to its duties as | 20 | | enumerated in
this Section that can be used by the | 21 | | Department to enhance the State's strategic economic | 22 | | development plan. | 23 | | (10) The Council shall: | 24 | | (A) Develop an overall strategic business | 25 | | development plan for the State of Illinois and update | 26 | | the plan at least annually; that plan shall include, |
| | | SB2500 | - 8 - | LRB101 11855 RLC 58807 b |
|
| 1 | | without limitation, (i) an assessment of the economic | 2 | | development practices of states that border Illinois | 3 | | and (ii) recommendations for best practices with | 4 | | respect to economic development, business incentives, | 5 | | business attraction, and business retention for | 6 | | counties in Illinois that border at least one other | 7 | | state. | 8 | | (B) Develop business marketing plans for the State | 9 | | of Illinois to effectively solicit new company | 10 | | investment and existing business expansion. Insofar as | 11 | | allowed under the Illinois Procurement Code, and | 12 | | subject to appropriations made by the General Assembly | 13 | | for such purposes, the Council may assist the | 14 | | Department in the procurement of outside vendors to | 15 | | carry out such marketing plans. | 16 | | (C) Seek input from local economic development | 17 | | officials to develop specific strategies to | 18 | | effectively link State and local business development | 19 | | and marketing efforts focusing on areas of high | 20 | | unemployment or poverty. | 21 | | (D) Provide the Department with advice on | 22 | | strategic business development
and business marketing | 23 | | for the State of Illinois. | 24 | | (E) Provide the Department research and recommend | 25 | | best practices for developing investment tools for | 26 | | business attraction and retention.
|
| | | SB2500 | - 9 - | LRB101 11855 RLC 58807 b |
|
| 1 | | (Source: P.A. 98-397, eff. 8-16-13; 98-756, eff. 7-16-14; | 2 | | 98-888, eff. 8-15-14.)
| 3 | | (20 ILCS 605/605-360 rep.) | 4 | | (20 ILCS 605/605-425 rep.) | 5 | | (20 ILCS 605/605-1000 rep.) | 6 | | Section 20. The Department of Commerce and Economic | 7 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 8 | | amended by repealing Sections 605-360, 605-425, and 605-1000. | 9 | | Section 25. The Department of Public Health Powers and | 10 | | Duties Law of the
Civil Administrative Code of Illinois is | 11 | | amended by changing Section 2310-376 as follows:
| 12 | | (20 ILCS 2310/2310-376)
| 13 | | Sec. 2310-376. Hepatitis education and outreach.
| 14 | | (a) The Illinois General Assembly finds and declares the | 15 | | following:
| 16 | | (1) The World Health Organization characterizes | 17 | | hepatitis as a disease
of
primary concern to humanity.
| 18 | | (2) Hepatitis is considered a silent killer; no | 19 | | recognizable signs or
symptoms occur until severe liver | 20 | | damage has occurred.
| 21 | | (3) Studies indicate that nearly 4 million Americans | 22 | | (1.8 percent of the
population) carry the virus HCV that | 23 | | causes the disease.
|
| | | SB2500 | - 10 - | LRB101 11855 RLC 58807 b |
|
| 1 | | (4) 30,000 acute new infections occur each year in the | 2 | | United States,
and
only 25 to 30 percent are diagnosed.
| 3 | | (5) 8,000 to 10,000 Americans die from the disease each | 4 | | year.
| 5 | | (6) 200,000 Illinois residents may be carriers and | 6 | | could develop the
debilitating and potentially deadly | 7 | | liver disease.
| 8 | | (7) Inmates of correctional facilities have a higher | 9 | | incidence of
hepatitis
and, upon their release, present a | 10 | | significant health risk to the general
population.
| 11 | | (8) Illinois members of the armed services are subject | 12 | | to an increased risk of contracting hepatitis due to their | 13 | | possible receipt of contaminated blood during a | 14 | | transfusion occurring for the treatment of wounds and due | 15 | | to their service in areas of the World where the disease is | 16 | | more prevalent and healthcare is less capable of detecting | 17 | | and treating the disease. Many of these service members are | 18 | | unaware of the danger of hepatitis and their increased risk | 19 | | of contracting the disease.
| 20 | | (b) Subject to appropriation, the Department shall conduct | 21 | | an education and
outreach campaign, in
addition to its overall | 22 | | effort to prevent infectious disease in Illinois, in
order to
| 23 | | raise awareness about and promote prevention of hepatitis.
| 24 | | (c) Subject to appropriation, in addition to the education | 25 | | and outreach campaign provided in subsection (b), the | 26 | | Department shall develop and make available to physicians, |
| | | SB2500 | - 11 - | LRB101 11855 RLC 58807 b |
|
| 1 | | other health care providers, members of the armed services, and | 2 | | other persons subject to an increased risk of contracting | 3 | | hepatitis, educational materials, in written and electronic | 4 | | forms, on the diagnosis, treatment, and prevention of the | 5 | | disease. These materials shall include the recommendations of | 6 | | the federal Centers for Disease Control and Prevention and any | 7 | | other persons or entities determined by the Department to have | 8 | | particular expertise on hepatitis, including the American | 9 | | Liver Foundation. These materials shall be written in terms | 10 | | that are understandable by members of the general public.
| 11 | | (d) The Department shall establish an Advisory Council on | 12 | | Hepatitis to develop a hepatitis prevention plan. The | 13 | | Department shall specify the membership, members' terms, | 14 | | provisions for removal of members, chairmen, and purpose of the | 15 | | Advisory Council. The Advisory Council shall consist of one | 16 | | representative from each of the following State agencies or | 17 | | offices, appointed by the head of each agency or office:
| 18 | | (1) The Department of Public Health.
| 19 | | (2) The Department of Public Aid.
| 20 | | (3) The Department of Corrections.
| 21 | | (4) The Department of Veterans' Affairs.
| 22 | | (5) The Department on Aging.
| 23 | | (6) The Department of Human Services.
| 24 | | (7) The Department of State Police.
| 25 | | (8) The office of the State Fire Marshal.
| 26 | | The Director shall appoint representatives of |
| | | SB2500 | - 12 - | LRB101 11855 RLC 58807 b |
|
| 1 | | organizations and advocates in the State of Illinois, | 2 | | including, but not limited to, the American Liver Foundation. | 3 | | The Director shall also appoint interested members of the | 4 | | public, including consumers and providers of health services | 5 | | and representatives of local public health agencies, to provide | 6 | | recommendations and information to the members of the Advisory | 7 | | Council. Members of the Advisory Council shall serve on a | 8 | | voluntary, unpaid basis and are not entitled to reimbursement | 9 | | for mileage or other costs they incur in connection with | 10 | | performing their duties.
| 11 | | (Source: P.A. 93-129, eff. 1-1-04; 94-406, eff. 8-2-05.)
| 12 | | (20 ILCS 2310/2310-76 rep.) | 13 | | (20 ILCS 2310/2310-77 rep.) | 14 | | (20 ILCS 2310/2310-349 rep.) | 15 | | (20 ILCS 2310/2310-560 rep.) | 16 | | Section 30. The Department of Public Health Powers and | 17 | | Duties Law of the
Civil Administrative Code of Illinois is | 18 | | amended by repealing Sections 2310-76, 2310-77, 2310-349, and | 19 | | 2310-560. | 20 | | Section 35. The Comprehensive Healthcare Workforce | 21 | | Planning Act is amended by changing Sections 5, 10, and 20 as | 22 | | follows: | 23 | | (20 ILCS 2325/5)
|
| | | SB2500 | - 13 - | LRB101 11855 RLC 58807 b |
|
| 1 | | Sec. 5. Definition Definitions . As used in this Act , : | 2 | | "Council" means the State Healthcare Workforce Council created | 3 | | by this Act. "Department" means the Department of Public | 4 | | Health.
| 5 | | (Source: P.A. 97-424, eff. 7-1-12 .) | 6 | | (20 ILCS 2325/10)
| 7 | | Sec. 10. Purpose. Implementation of this Act is entirely | 8 | | subject to the availability and appropriation of funds from | 9 | | federal grant money applied for by the Department of Public | 10 | | Health. The State Healthcare Workforce Council is hereby | 11 | | established to provide an ongoing assessment of healthcare | 12 | | workforce trends, training issues, and financing policies, and | 13 | | to recommend appropriate State government and private sector | 14 | | efforts to address identified needs. The work of the Council | 15 | | shall focus on: healthcare workforce supply and distribution; | 16 | | cultural competence and minority participation in health | 17 | | professions education; primary care training and practice; and | 18 | | data evaluation and analysis. The Council shall work in | 19 | | coordination with the State Health Improvement Plan | 20 | | Implementation Coordination Council to ensure alignment with | 21 | | the State Health Improvement Plan.
| 22 | | (Source: P.A. 97-424, eff. 7-1-12 .) | 23 | | (20 ILCS 2325/20)
| 24 | | Sec. 20. Five-year comprehensive healthcare workforce |
| | | SB2500 | - 14 - | LRB101 11855 RLC 58807 b |
|
| 1 | | plan. | 2 | | (a) Every 5 years, the Department , in cooperation with the | 3 | | Council, shall prepare a comprehensive healthcare workforce | 4 | | plan. | 5 | | (b) The comprehensive healthcare workforce plan shall | 6 | | include, but need not be limited to, the following: | 7 | | (1) 25-year projections of the demand and supply of | 8 | | health professionals to meet the needs of healthcare within | 9 | | the State. | 10 | | (2) The identification of all funding sources for which | 11 | | the State has administrative control that are available for | 12 | | health professions training. | 13 | | (3) Recommendations on how to rationalize and | 14 | | coordinate the State-supported programs for health | 15 | | professions training. | 16 | | (4) Recommendations on actions needed to meet the | 17 | | projected demand for health professionals over the 25 years | 18 | | of the plan. | 19 | | (c) Each year in which a comprehensive healthcare workforce | 20 | | plan is not due, the Department , on behalf of the Council, | 21 | | shall prepare a report by July 1 of that year to the Governor | 22 | | and the General Assembly on the progress made toward achieving | 23 | | the projected goals of the current comprehensive healthcare | 24 | | workforce plan during the previous calendar year. | 25 | | (d) The Department shall provide staffing to the Council.
| 26 | | (Source: P.A. 97-424, eff. 7-1-12 .) |
| | | SB2500 | - 15 - | LRB101 11855 RLC 58807 b |
|
| 1 | | (20 ILCS 2325/15 rep.) | 2 | | (20 ILCS 2325/25 rep.) | 3 | | Section 37. The Comprehensive Healthcare Workforce | 4 | | Planning Act is amended by repealing Sections 15 and 25. | 5 | | (20 ILCS 2407/Art. 2 rep.) | 6 | | Section 39. The Disabilities Services Act of 2003 is | 7 | | amended by repealing Article 2. | 8 | | Section 40. The Disabilities Services Act of 2003 is | 9 | | amended by changing Section 53 as follows: | 10 | | (20 ILCS 2407/53) | 11 | | Sec. 53. Rebalancing benchmarks. | 12 | | (a) Illinois' long-term care system is in a state of | 13 | | transformation, as evidenced by the creation and subsequent | 14 | | work products of the Disability Services Advisory Committee, | 15 | | Older Adult Services Advisory Committee, Housing Task Force and | 16 | | other executive and legislative branch initiatives. | 17 | | (b) Illinois' Money Follows the Person demonstration | 18 | | approval capitalizes on this progress and commits the State to | 19 | | transition approximately 3,357 older persons and persons with | 20 | | developmental, physical or psychiatric disabilities from | 21 | | institutional to home and community-based settings, resulting | 22 | | in an increased percentage of long-term care community spending |
| | | SB2500 | - 16 - | LRB101 11855 RLC 58807 b |
|
| 1 | | over the next 5 years. | 2 | | (c) The State will endeavor to increase the percentage of | 3 | | community-based long-term care spending over the next 5 years | 4 | | according to the following timeline: | 5 | | Estimated baseline: 28.5% | 6 | | Year 1: 30% | 7 | | Year 2: 31% | 8 | | Year 3: 32% | 9 | | Year 4: 35% | 10 | | Year 5: 37% | 11 | | (d) The Departments will utilize interagency agreements | 12 | | and will seek legislative authority to implement a Money | 13 | | Follows the Person budgetary mechanism to allocate or | 14 | | reallocate funds for the purpose of expanding the availability, | 15 | | quality or stability of home and community-based long-term care | 16 | | services and supports for persons with disabilities. | 17 | | (e) The allocation of public funds for home and | 18 | | community-based long-term care services shall not have the | 19 | | effect of: (i) diminishing or reducing the quality of services | 20 | | available to residents of long-term care facilities; (ii) | 21 | | forcing any residents of long-term care facilities to | 22 | | involuntarily accept home and community-based long-term care | 23 | | services, or causing any residents of long-term care facilities | 24 | | to be involuntarily transferred or discharged; (iii) causing | 25 | | reductions in long-term care facility reimbursement rates in | 26 | | effect as of July 1, 2008; or (iv) diminishing access to a full |
| | | SB2500 | - 17 - | LRB101 11855 RLC 58807 b |
|
| 1 | | array of long-term care options.
| 2 | | (Source: P.A. 95-438, eff. 1-1-08.) | 3 | | Section 43. The Nuclear Safety Law of 2004 is amended by | 4 | | changing Section 10 as follows: | 5 | | (20 ILCS 3310/10)
| 6 | | Sec. 10. Nuclear and radioactive materials disposal. The | 7 | | Illinois Emergency Management Agency shall formulate a | 8 | | comprehensive plan regarding disposal of nuclear and | 9 | | radioactive materials in this State. The Illinois Emergency | 10 | | Management Agency shall establish minimum standards for | 11 | | disposal sites, shall evaluate and publicize potential effects | 12 | | on the public health and safety, and shall report to the | 13 | | Governor and General Assembly all violations of the adopted | 14 | | standards. In carrying out this function, the Illinois | 15 | | Emergency Management Agency shall work in cooperation with the | 16 | | Radiation Protection Advisory Council.
| 17 | | (Source: P.A. 93-1029, eff. 8-25-04.) | 18 | | (20 ILCS 3950/Act rep.) | 19 | | Section 45. The Governor's Council on Health and Physical | 20 | | Fitness
Act is repealed. | 21 | | (20 ILCS 4024/Act rep.) | 22 | | Section 50. The Interstate Sex Offender Task Force Act is |
| | | SB2500 | - 18 - | LRB101 11855 RLC 58807 b |
|
| 1 | | repealed. | 2 | | Section 55. The Equity in Long-term Care Quality Act is | 3 | | amended by changing Section 20 as follows: | 4 | | (30 ILCS 772/20) | 5 | | Sec. 20. Award of grants. | 6 | | (a) Applications for grants must be made in a manner | 7 | | prescribed by the
Director of Public Health by rule. | 8 | | Expenditures made in a manner with any grant, and the results | 9 | | therefrom, shall be included (if applicable) in the reports | 10 | | filed by the receiver with the court and shall be reported to | 11 | | the Department in a manner prescribed by rule and by the | 12 | | contract entered into by the grant recipient with the | 13 | | Department. An applicant for a grant shall submit to the | 14 | | Department, and (if applicable) to the court, a specific plan | 15 | | for continuing and increasing adherence to best practices in | 16 | | providing high-quality nursing home care once the grant has | 17 | | ended. | 18 | | (b) (Blank). The applications must be reviewed and | 19 | | recommended by
a commission composed of
5 representatives | 20 | | chosen from recommendations made by organizations
representing | 21 | | long-term care facilities in Illinois,
a citizen member from | 22 | | AARP, one representative from an
advocacy organization for | 23 | | persons with disabilities, one representative from the | 24 | | statewide ombudsman
organization, one representative from |
| | | SB2500 | - 19 - | LRB101 11855 RLC 58807 b |
|
| 1 | | academia, one representative from a nursing home residents' | 2 | | advocacy organization, one representative from an organization | 3 | | with expertise in improving the access of persons in medically | 4 | | underserved areas to high-quality medical care, at least 2 | 5 | | experts in accounting or finance, the Director of Public | 6 | | Health,
the Director of Aging, and one representative selected | 7 | | by the leader of each
legislative caucus. With the exception of | 8 | | legislative members, members
shall be appointed by the Director | 9 | | of Public Health. | 10 | | (c) The Director shall award grants based on the
| 11 | | recommendations of the commission and after a thorough review | 12 | | of the
compliance history of the applicants. | 13 | | (Source: P.A. 96-1372, eff. 7-29-10.) | 14 | | Section 60. The Eliminate the Digital Divide Law is amended | 15 | | by changing Section 5-30 as follows:
| 16 | | (30 ILCS 780/5-30)
| 17 | | Sec. 5-30. Community Technology Center Grant Program.
| 18 | | (a) Subject to appropriation, the Department shall | 19 | | administer
the Community Technology Center Grant Program under | 20 | | which the
Department shall make grants in accordance with this | 21 | | Article
for planning, establishment, administration, and | 22 | | expansion
of Community Technology Centers and for assisting | 23 | | public hospitals,
libraries, and park districts in eliminating | 24 | | the digital divide. The purposes
of the grants shall include, |
| | | SB2500 | - 20 - | LRB101 11855 RLC 58807 b |
|
| 1 | | but
not be limited to, volunteer recruitment and management, | 2 | | training and
instruction, infrastructure, and
related goods | 3 | | and services, including case management, administration, | 4 | | personal information management, and outcome-tracking tools | 5 | | and software for the purposes of reporting to the Department | 6 | | and for enabling participation in digital government and | 7 | | consumer services programs, for Community Technology Centers | 8 | | and public
hospitals, libraries, and park districts.
No | 9 | | Community Technology Center may receive a grant of more than | 10 | | $75,000 under
this Section in a particular fiscal year.
| 11 | | (b) Public hospitals, libraries, park districts, and State | 12 | | educational
agencies, local educational
agencies, institutions | 13 | | of higher education, senior citizen homes, and other public and
| 14 | | private nonprofit or for-profit agencies and organizations are | 15 | | eligible
to receive grants under this Program, provided that a | 16 | | local educational
agency or public or private educational
| 17 | | agency or organization must, in order to be eligible to receive | 18 | | grants under
this Program, provide computer access and | 19 | | educational services using
information technology to the | 20 | | public at one or more of its educational
buildings or | 21 | | facilities at least 12 hours each week. A group of eligible
| 22 | | entities is
also eligible to receive a grant if the group | 23 | | follows the procedures
for group applications in 34 CFR | 24 | | 75.127-129 of the Education Department General
Administrative | 25 | | Regulations.
| 26 | | To be eligible to apply for a grant, a Community
Technology |
| | | SB2500 | - 21 - | LRB101 11855 RLC 58807 b |
|
| 1 | | Center must serve a
community in which not less than 40%
of the
| 2 | | students are eligible for a free or reduced price lunch under | 3 | | the national
school lunch program or in which not less than 30% | 4 | | of the students
are eligible
for a free lunch under the | 5 | | national school lunch program; however, if funding
is | 6 | | insufficient to approve all grant applications for a particular | 7 | | fiscal year,
the Department may impose a higher minimum | 8 | | percentage threshold for that fiscal
year. Determinations of | 9 | | communities and determinations of the percentage of
students in | 10 | | a community who are eligible for a free or reduced price lunch
| 11 | | under the national school lunch program shall be in accordance | 12 | | with rules
adopted by the Department.
| 13 | | Any entities that have received a Community
Technology | 14 | | Center grant under the federal Community Technology Centers | 15 | | Program
are also eligible to apply for grants under this | 16 | | Program.
| 17 | | The Department shall
provide assistance to Community | 18 | | Technology Centers in making those
determinations for purposes | 19 | | of applying for grants.
| 20 | | The Department shall encourage Community Technology | 21 | | Centers to participate in public and private computer hardware | 22 | | equipment recycling initiatives that provide computers at | 23 | | reduced or no cost to low-income families, including programs | 24 | | authorized by the State Property Control Act. On an annual | 25 | | basis, the Department must provide the Director of Central | 26 | | Management Services with a list of Community Technology Centers |
| | | SB2500 | - 22 - | LRB101 11855 RLC 58807 b |
|
| 1 | | that have applied to the Department for funding as potential | 2 | | recipients of surplus State-owned computer hardware equipment | 3 | | under programs authorized by the State Property Control Act.
| 4 | | (c) Grant applications shall be submitted to the Department | 5 | | on a schedule of one or more deadlines established by the | 6 | | Department by rule.
| 7 | | (d) The Department shall adopt rules setting forth the | 8 | | required form
and contents of grant applications.
| 9 | | (e) There is created
the Digital Divide Elimination | 10 | | Advisory Committee. The advisory committee
shall consist of 7
| 11 | | members appointed one each by the Governor, the President of
| 12 | | the Senate, the Senate Minority Leader, the Speaker of the | 13 | | House, and the House
Minority Leader, and 2 appointed by the | 14 | | Director of Commerce and Economic Opportunity, one of whom | 15 | | shall be a representative of the telecommunications industry | 16 | | and one of whom shall represent community technology centers. | 17 | | The members of the advisory committee shall receive no
| 18 | | compensation for their services as members of the advisory | 19 | | committee but may be
reimbursed for their actual expenses | 20 | | incurred in serving on the advisory
committee. The Digital | 21 | | Divide Elimination Advisory Committee shall advise the
| 22 | | Department in establishing criteria and priorities for | 23 | | identifying recipients
of
grants under this Act. The advisory | 24 | | committee shall obtain advice from the
technology industry | 25 | | regarding current technological standards. The advisory
| 26 | | committee shall seek any available federal funding.
|
| | | SB2500 | - 23 - | LRB101 11855 RLC 58807 b |
|
| 1 | | (f) There is created the Digital Divide Elimination Working | 2 | | Group. The Working Group shall consist of the Director of | 3 | | Commerce and Economic Opportunity, or his or her designee, the | 4 | | Director of Central Management Services, or his or her | 5 | | designee, and the Executive Director of the Illinois Commerce | 6 | | Commission, or his or her designee. The Director of Commerce | 7 | | and Economic Opportunity, or his or her designee, shall serve | 8 | | as chair of the Working Group. The Working Group shall consult | 9 | | with the members of the Digital Divide Elimination Advisory | 10 | | Committee and may consult with various groups including, but | 11 | | not limited to, telecommunications providers, | 12 | | telecommunications-related technology producers and service | 13 | | providers, community technology providers, community and | 14 | | consumer organizations, businesses and business organizations, | 15 | | and federal government agencies.
| 16 | | (g) Duties of the Digital Divide Elimination Working Group | 17 | | include all of the following: | 18 | | (1) Undertaking a thorough review of grant programs | 19 | | available through the federal government, local agencies, | 20 | | telecommunications providers, and business and charitable | 21 | | entities for the purpose of identifying appropriate | 22 | | sources of revenues for the Digital Divide Elimination Fund | 23 | | and attempting to update available grants on a regular | 24 | | basis. | 25 | | (2) Researching and cataloging programs designed to | 26 | | advance digital literacy and computer access that are |
| | | SB2500 | - 24 - | LRB101 11855 RLC 58807 b |
|
| 1 | | available through the federal government, local agencies, | 2 | | telecommunications providers, and business and charitable | 3 | | entities and attempting to update available programs on a | 4 | | regular basis. | 5 | | (3) Presenting the information compiled from items (1) | 6 | | and (2) to the Department of Commerce and Economic | 7 | | Opportunity, which shall serve as a single point of contact | 8 | | for applying for funding for the Digital Divide Elimination | 9 | | Fund and for distributing information to the public | 10 | | regarding all programs designed to advance digital | 11 | | literacy and computer access.
| 12 | | (Source: P.A. 94-734, eff. 4-28-06; 95-740, eff. 1-1-09.)
| 13 | | (210 ILCS 25/Art. V rep.) | 14 | | Section 65. The Illinois Clinical Laboratory and Blood Bank | 15 | | Act is amended by repealing Article V. | 16 | | Section 70. The Hospital Report Card Act is amended by | 17 | | changing Section 25 as follows:
| 18 | | (210 ILCS 86/25)
| 19 | | Sec. 25. Hospital reports.
| 20 | | (a) Individual hospitals shall prepare a quarterly report | 21 | | including all of
the
following:
| 22 | | (1) Nursing hours per patient day, average daily | 23 | | census, and average daily
hours worked
for each clinical |
| | | SB2500 | - 25 - | LRB101 11855 RLC 58807 b |
|
| 1 | | service area.
| 2 | | (2) Infection-related measures for the facility for | 3 | | the specific clinical
procedures
and devices determined by | 4 | | the Department by rule under 2 or more of the following | 5 | | categories:
| 6 | | (A) Surgical procedure outcome measures. | 7 | | (B) Surgical procedure infection control process | 8 | | measures.
| 9 | | (C)
Outcome or process measures related to | 10 | | ventilator-associated pneumonia.
| 11 | | (D) Central vascular catheter-related bloodstream | 12 | | infection rates in designated critical care units.
| 13 | | (3) Information required under paragraph (4) of | 14 | | Section 2310-312 of the Department of Public Health Powers | 15 | | and Duties Law of the
Civil Administrative Code of | 16 | | Illinois.
| 17 | | (4) Additional infection measures mandated by the | 18 | | Centers for Medicare and Medicaid Services that are | 19 | | reported by hospitals to the Centers for Disease Control | 20 | | and Prevention's National Healthcare Safety Network | 21 | | surveillance system, or its successor, and deemed relevant | 22 | | to patient safety by the Department. | 23 | | (5) Each instance of preterm birth and infant mortality | 24 | | within the reporting period, including the racial and | 25 | | ethnic information of the mothers of those infants. | 26 | | (6) Each instance of maternal mortality within the |
| | | SB2500 | - 26 - | LRB101 11855 RLC 58807 b |
|
| 1 | | reporting period, including the racial and ethnic | 2 | | information of those mothers. | 3 | | The infection-related measures developed by the Department | 4 | | shall be based upon measures and methods developed by the | 5 | | Centers for Disease Control and Prevention, the Centers for | 6 | | Medicare and Medicaid Services, the Agency for Healthcare | 7 | | Research and Quality, the Joint Commission on Accreditation of | 8 | | Healthcare Organizations, or the National Quality Forum. The | 9 | | Department may align the infection-related measures with the | 10 | | measures and methods developed by the Centers for Disease | 11 | | Control and Prevention, the Centers for Medicare and Medicaid | 12 | | Services, the Agency for Healthcare Research and Quality, the | 13 | | Joint Commission on Accreditation of Healthcare Organizations, | 14 | | and the National Quality Forum by adding reporting measures | 15 | | based on national health care strategies and measures deemed | 16 | | scientifically reliable and valid for public reporting. The | 17 | | Department shall receive approval from the State Board of | 18 | | Health to retire measures deemed no longer scientifically valid | 19 | | or valuable for informing quality improvement or infection | 20 | | prevention efforts. The Department shall notify the Chairs and | 21 | | Minority Spokespersons of the House Human Services Committee | 22 | | and the Senate Public Health Committee of its intent to have | 23 | | the State Board of Health take action to retire measures no | 24 | | later than 7 business days before the meeting of the State | 25 | | Board of Health. | 26 | | The Department shall include interpretive guidelines for |
| | | SB2500 | - 27 - | LRB101 11855 RLC 58807 b |
|
| 1 | | infection-related indicators and, when available, shall | 2 | | include relevant benchmark information published by national | 3 | | organizations.
| 4 | | The Department shall collect the information reported | 5 | | under paragraphs (5) and (6) and shall use it to illustrate the | 6 | | disparity of those occurrences across different racial and | 7 | | ethnic groups. | 8 | | (b) Individual hospitals shall prepare annual reports | 9 | | including vacancy and
turnover rates
for licensed nurses per | 10 | | clinical service area.
| 11 | | (c) None of the information the Department discloses to the | 12 | | public may be
made
available
in any form or fashion unless the | 13 | | information has been reviewed, adjusted, and
validated
| 14 | | according to the following process:
| 15 | | (1) (Blank). The Department shall organize an advisory | 16 | | committee, including
representatives
from the Department, | 17 | | public and private hospitals, direct care nursing staff,
| 18 | | physicians,
academic researchers, consumers, health | 19 | | insurance companies, organized labor,
and
organizations | 20 | | representing hospitals and physicians. The advisory | 21 | | committee
must be
meaningfully involved in the development | 22 | | of all aspects of the Department's
methodology
for | 23 | | collecting, analyzing, and disclosing the information | 24 | | collected under this
Act, including
collection methods, | 25 | | formatting, and methods and means for release and
| 26 | | dissemination.
|
| | | SB2500 | - 28 - | LRB101 11855 RLC 58807 b |
|
| 1 | | (2) The entire methodology for collecting and | 2 | | analyzing the data shall be
disclosed
to all
relevant | 3 | | organizations and to all hospitals that are the subject of | 4 | | any
information to be made
available to the public before | 5 | | any public disclosure of such information.
| 6 | | (3) Data collection and analytical methodologies shall | 7 | | be used that meet
accepted
standards of validity and | 8 | | reliability before any information is made available
to the | 9 | | public.
| 10 | | (4) The limitations of the data sources and analytic | 11 | | methodologies used to
develop
comparative hospital | 12 | | information shall be clearly identified and acknowledged,
| 13 | | including but not
limited to the appropriate and | 14 | | inappropriate uses of the data.
| 15 | | (5) To the greatest extent possible, comparative | 16 | | hospital information
initiatives shall
use standard-based | 17 | | norms derived from widely accepted provider-developed
| 18 | | practice
guidelines.
| 19 | | (6) Comparative hospital information and other | 20 | | information that the
Department
has
compiled regarding | 21 | | hospitals shall be shared with the hospitals under review
| 22 | | prior to
public
dissemination of such information and these | 23 | | hospitals have 30 days to make
corrections and
to add | 24 | | helpful explanatory comments about the information before | 25 | | the
publication.
| 26 | | (7) Comparisons among hospitals shall adjust for |
| | | SB2500 | - 29 - | LRB101 11855 RLC 58807 b |
|
| 1 | | patient case mix and
other
relevant
risk factors and | 2 | | control for provider peer groups, when appropriate.
| 3 | | (8) Effective safeguards to protect against the | 4 | | unauthorized use or
disclosure
of
hospital information | 5 | | shall be developed and implemented.
| 6 | | (9) Effective safeguards to protect against the | 7 | | dissemination of
inconsistent,
incomplete, invalid, | 8 | | inaccurate, or subjective hospital data shall be developed
| 9 | | and
implemented.
| 10 | | (10) The quality and accuracy of hospital information | 11 | | reported under this
Act
and its
data collection, analysis, | 12 | | and dissemination methodologies shall be evaluated
| 13 | | regularly.
| 14 | | (11) Only the most basic identifying information from | 15 | | mandatory reports
shall be
used, and
information | 16 | | identifying a patient, employee, or licensed professional
| 17 | | shall not be released.
None of the information the | 18 | | Department discloses to the public under this Act
may be | 19 | | used to
establish a standard of care in a private civil | 20 | | action.
| 21 | | (d) Quarterly reports shall be submitted, in a format set | 22 | | forth in rules
adopted
by the
Department, to the Department by | 23 | | April 30, July 31, October 31, and January 31
each year
for the | 24 | | previous quarter. Data in quarterly reports must cover a period | 25 | | ending
not earlier than
one month prior to submission of the | 26 | | report. Annual reports shall be submitted
by December
31 in a |
| | | SB2500 | - 30 - | LRB101 11855 RLC 58807 b |
|
| 1 | | format set forth in rules adopted by the Department to the | 2 | | Department.
All reports
shall be made available to the public | 3 | | on-site and through the Department.
| 4 | | (e) If the hospital is a division or subsidiary of another | 5 | | entity that owns
or
operates other
hospitals or related | 6 | | organizations, the annual public disclosure report shall
be for | 7 | | the specific
division or subsidiary and not for the other | 8 | | entity.
| 9 | | (f) The Department shall disclose information under this | 10 | | Section in
accordance with provisions for inspection and | 11 | | copying of public records
required by the Freedom of
| 12 | | Information Act provided that such information satisfies the | 13 | | provisions of
subsection (c) of this Section.
| 14 | | (g) Notwithstanding any other provision of law, under no | 15 | | circumstances shall
the
Department disclose information | 16 | | obtained from a hospital that is confidential
under Part 21
of | 17 | | Article VIII of the Code of Civil Procedure.
| 18 | | (h) No hospital report or Department disclosure may contain | 19 | | information
identifying a patient, employee, or licensed | 20 | | professional.
| 21 | | (Source: P.A. 101-446, eff. 8-23-19.)
| 22 | | (210 ILCS 110/13A rep.) | 23 | | Section 75. The Illinois Migrant Labor Camp Law is amended | 24 | | by repealing Section 13A. |
| | | SB2500 | - 31 - | LRB101 11855 RLC 58807 b |
|
| 1 | | Section 80. The Illinois Athletic Trainers Practice Act is | 2 | | amended by changing Sections 3, 5, 19, 19.5, 21, and 24 as | 3 | | follows:
| 4 | | (225 ILCS 5/3) (from Ch. 111, par. 7603)
| 5 | | (Section scheduled to be repealed on January 1, 2026)
| 6 | | Sec. 3. Definitions. As used in this Act:
| 7 | | (1) "Department" means the Department of Financial and | 8 | | Professional Regulation.
| 9 | | (2) "Secretary" means the Secretary of Financial and | 10 | | Professional Regulation.
| 11 | | (3) (Blank). "Board" means the Illinois Board of Athletic | 12 | | Trainers appointed by the Secretary.
| 13 | | (4) "Licensed
athletic trainer" means a person licensed to
| 14 | | practice athletic training as defined in this Act and with the | 15 | | specific
qualifications set forth in Section 9 of this Act who, | 16 | | upon
the
direction of his or her team physician or consulting
| 17 | | physician,
carries out the practice of prevention/emergency | 18 | | care or
physical
reconditioning of injuries incurred by | 19 | | athletes participating in
an athletic program conducted by an | 20 | | educational institution,
professional athletic organization, | 21 | | or sanctioned amateur athletic
organization employing the | 22 | | athletic trainer; or a person who, under the
direction of a | 23 | | physician, carries out comparable functions for a health
| 24 | | organization-based extramural program of athletic training | 25 | | services for
athletes. Specific duties of the athletic trainer |
| | | SB2500 | - 32 - | LRB101 11855 RLC 58807 b |
|
| 1 | | include but are not limited
to:
| 2 | | A. Supervision of the selection, fitting, and | 3 | | maintenance of
protective
equipment;
| 4 | | B. Provision of assistance to the coaching staff in the | 5 | | development and
implementation of conditioning programs;
| 6 | | C. Counseling of athletes on nutrition and hygiene;
| 7 | | D. Supervision of athletic training facility and | 8 | | inspection of playing
facilities;
| 9 | | E. Selection and maintenance of athletic training | 10 | | equipment and supplies;
| 11 | | F. Instruction and supervision of student trainer | 12 | | staff;
| 13 | | G. Coordination with a team physician to provide:
| 14 | | (i) pre-competition physical exam and health | 15 | | history updates,
| 16 | | (ii) game coverage or phone access to a physician | 17 | | or
paramedic,
| 18 | | (iii) follow-up injury care,
| 19 | | (iv) reconditioning programs, and
| 20 | | (v) assistance on all matters pertaining to the | 21 | | health and
well-being of athletes.
| 22 | | H. Provision of on-site injury care and evaluation as | 23 | | well as
appropriate transportation, follow-up treatment | 24 | | and rehabilitation as
necessary for all injuries sustained | 25 | | by athletes in the program;
| 26 | | I. With a physician, determination of when an athlete |
| | | SB2500 | - 33 - | LRB101 11855 RLC 58807 b |
|
| 1 | | may safely
return to
full participation post-injury; and
| 2 | | J. Maintenance of complete and accurate records of all | 3 | | athletic injuries
and treatments rendered.
| 4 | | To carry out these functions the athletic trainer is | 5 | | authorized to
utilize modalities, including, but not limited | 6 | | to, heat, light, sound, cold, electricity, exercise,
or | 7 | | mechanical devices related to
care and reconditioning.
| 8 | | (5) "Referral" means the guidance and direction
given by | 9 | | the physician, who shall maintain supervision of the athlete.
| 10 | | (6) "Athletic trainer aide" means a person who has received | 11 | | on-the-job training specific to the facility in which he or she | 12 | | is employed, on either a paid or volunteer basis, but is not | 13 | | enrolled in an accredited athletic training curriculum.
| 14 | | (7) "Address of record" means the designated address | 15 | | recorded by the Department in the applicant's or licensee's | 16 | | application file or license file as maintained by the | 17 | | Department's licensure maintenance unit. It is the duty of the | 18 | | applicant or licensee to inform the Department of any change of | 19 | | address, and those changes must be made either through the | 20 | | Department's website or by contacting the Department. | 21 | | (8) "Board of Certification" means the Board of | 22 | | Certification for the Athletic Trainer. | 23 | | (Source: P.A. 99-469, eff. 8-26-15.)
| 24 | | (225 ILCS 5/5) (from Ch. 111, par. 7605)
| 25 | | (Section scheduled to be repealed on January 1, 2026)
|
| | | SB2500 | - 34 - | LRB101 11855 RLC 58807 b |
|
| 1 | | Sec. 5. Administration of Act; rules and forms. | 2 | | (a) The Department shall exercise the powers and duties | 3 | | prescribed by the
Civil
Administrative Code of Illinois for the | 4 | | administration of
Licensure Acts
and shall exercise such other | 5 | | powers and duties necessary for effectuating
the purposes of | 6 | | this Act.
| 7 | | (b) The Secretary may promulgate rules consistent with the | 8 | | provisions of
this Act for the administration and enforcement | 9 | | thereof, and for the
payment of fees connected therewith, and | 10 | | may prescribe forms which shall
be issued in connection | 11 | | therewith. The rules may include standards and
criteria for
| 12 | | licensure, certification, and professional conduct and | 13 | | discipline. The
Department may consult with the
Board in | 14 | | promulgating rules.
| 15 | | (c) The Department may at any time seek the advice and the | 16 | | expert
knowledge of the Board on any matter relating to the | 17 | | administration of this
Act.
| 18 | | (d) (Blank).
| 19 | | (Source: P.A. 99-469, eff. 8-26-15.)
| 20 | | (225 ILCS 5/19) (from Ch. 111, par. 7619)
| 21 | | (Section scheduled to be repealed on January 1, 2026)
| 22 | | Sec. 19. Record of proceedings. The Department, at its | 23 | | expense,
shall preserve a record of all proceedings at the | 24 | | formal hearing of any
case.
The notice of hearing, complaint | 25 | | and all other documents in the nature of
pleadings and
written |
| | | SB2500 | - 35 - | LRB101 11855 RLC 58807 b |
|
| 1 | | motions filed in the proceedings, the transcript of testimony, | 2 | | the
report of the Board and order of the Department shall be | 3 | | the record of such
proceeding. Any licensee who is found to | 4 | | have violated this Act or who fails to appear for a hearing to | 5 | | refuse to issue, restore, or renew a license or to discipline a | 6 | | licensee may be required by the Department to pay for the costs | 7 | | of the proceeding. These costs are limited to costs for court | 8 | | reporters, transcripts, and witness attendance and mileage | 9 | | fees. All costs imposed under this Section shall be paid within | 10 | | 60 days after the effective date of the order imposing the fine | 11 | | or in accordance with the terms set forth in the order imposing | 12 | | the fine.
| 13 | | (Source: P.A. 99-469, eff. 8-26-15.)
| 14 | | (225 ILCS 5/19.5) | 15 | | (Section scheduled to be repealed on January 1, 2026) | 16 | | Sec. 19.5. Subpoenas; oaths. The Department may subpoena | 17 | | and bring before it any person and may take the oral or written | 18 | | testimony of any person or compel the production of any books, | 19 | | papers, records, or any other documents that the Secretary or | 20 | | his or her designee deems relevant or material to an | 21 | | investigation or hearing conducted by the Department with the | 22 | | same fees and mileage and in the same manner as prescribed by | 23 | | law in judicial procedure in civil cases in courts of this | 24 | | State. | 25 | | The Secretary, the designated hearing officer, any member |
| | | SB2500 | - 36 - | LRB101 11855 RLC 58807 b |
|
| 1 | | of the Board, or a certified shorthand court reporter may | 2 | | administer oaths at any hearing which the Department conducts. | 3 | | Notwithstanding any other statute or Department rule to the | 4 | | contrary, all requests for testimony or production of documents | 5 | | or records shall be in accordance with this Act.
| 6 | | (Source: P.A. 99-469, eff. 8-26-15.)
| 7 | | (225 ILCS 5/24) (from Ch. 111, par. 7624)
| 8 | | (Section scheduled to be repealed on January 1, 2026)
| 9 | | Sec. 24. Hearing officer appointment. The Secretary shall | 10 | | have the
authority to appoint any attorney duly licensed to | 11 | | practice law in the State
of Illinois to serve as the hearing | 12 | | officer in any action for refusal to
issue or renew a license, | 13 | | or for the taking of disciplinary action against a license. The | 14 | | hearing officer shall have
full authority to conduct the | 15 | | hearing. The hearing officer shall report
his or her findings | 16 | | of fact, conclusions of law, and recommendations to the Board | 17 | | and the Secretary. The
Board shall have 90 days from receipt of | 18 | | the report to review the report of the
hearing officer and | 19 | | present its findings of fact, conclusions of law and
| 20 | | recommendation to the Secretary. The If the Board fails to | 21 | | present its report
within the 90 day period, the Secretary may | 22 | | issue an order based on the report of the hearing officer. If | 23 | | the Secretary
determines that the Board's report is contrary to | 24 | | the manifest
weight of the evidence, he or she may issue an | 25 | | order in contravention of
the Board's report.
|
| | | SB2500 | - 37 - | LRB101 11855 RLC 58807 b |
|
| 1 | | (Source: P.A. 99-469, eff. 8-26-15.)
| 2 | | (225 ILCS 5/6 rep.) | 3 | | (225 ILCS 5/21 rep.) | 4 | | (225 ILCS 5/22 rep.) | 5 | | Section 85. The Illinois Athletic Trainers Practice Act is | 6 | | amended by repealing Sections 6, 21, and 22. | 7 | | Section 90. The Hearing Instrument Consumer Protection Act | 8 | | is amended by changing Sections 3, 8, 14, 15, 18, 21, 22, 23, | 9 | | 27.1, and 30 as follows:
| 10 | | (225 ILCS 50/3) (from Ch. 111, par. 7403)
| 11 | | (Section scheduled to be repealed on January 1, 2026)
| 12 | | Sec. 3. Definitions. As used in this Act, except as the | 13 | | context
requires otherwise:
| 14 | | "Department" means the Department of Public Health.
| 15 | | "Director" means the Director of the Department of Public | 16 | | Health.
| 17 | | "License" means a license
issued by the State under this
| 18 | | Act to a hearing instrument dispenser.
| 19 | | "Licensed audiologist" means a person
licensed
as an | 20 | | audiologist under the Illinois Speech-Language Pathology and | 21 | | Audiology
Practice Act.
| 22 | | "National Board Certified Hearing Instrument
Specialist" | 23 | | means a person
who has had at least 2 years in practice as a |
| | | SB2500 | - 38 - | LRB101 11855 RLC 58807 b |
|
| 1 | | licensed hearing
instrument dispenser and has
been certified | 2 | | after qualification by examination by the National Board for
| 3 | | Certification in Hearing Instruments Sciences.
| 4 | | "Licensed physician" or "physician" means a physician | 5 | | licensed
in Illinois to
practice medicine in all of its | 6 | | branches pursuant to the Medical Practice Act of 1987.
| 7 | | "Trainee" means a person who is licensed to perform the | 8 | | functions of a hearing instrument dispenser in accordance with | 9 | | the Department rules and only under the direct supervision of a | 10 | | hearing instrument dispenser or audiologist who is licensed in | 11 | | the State. | 12 | | "Board" means the Hearing Instrument Consumer Protection
| 13 | | Board.
| 14 | | "Hearing instrument" or "hearing aid" means any wearable | 15 | | instrument or device designed for or offered for the purpose of | 16 | | aiding or compensating for impaired human hearing and that can | 17 | | provide more than 15 dB full on gain via a 2cc coupler at any | 18 | | single frequency from 200 through 6000 cycles per second, and | 19 | | any parts, attachments, or accessories, including ear molds. | 20 | | "Hearing instrument" or "hearing aid" do not include batteries, | 21 | | cords, or group auditory training devices and any
instrument or | 22 | | device used by a public utility in providing telephone or
other | 23 | | communication services are excluded.
| 24 | | "Practice of fitting, dispensing, or servicing of hearing
| 25 | | instruments" means
the measurement of human hearing with an
| 26 | | audiometer, calibrated to
the current American National |
| | | SB2500 | - 39 - | LRB101 11855 RLC 58807 b |
|
| 1 | | Standard Institute standards, for the
purpose of making | 2 | | selections, recommendations, adaptions, services, or sales of
| 3 | | hearing instruments including the making of earmolds as a part | 4 | | of the hearing
instrument.
| 5 | | "Sell" or "sale" means any transfer of title or of the | 6 | | right to use
by lease, bailment, or any other contract, | 7 | | excluding wholesale transactions
with distributors or dealers.
| 8 | | "Hearing instrument dispenser" means a person who
is a | 9 | | hearing care professional that engages
in the selling,
practice | 10 | | of fitting, selecting, recommending, dispensing, or servicing
| 11 | | of hearing instruments or the testing for means of hearing
| 12 | | instrument selection or who
advertises or displays a sign or | 13 | | represents himself or herself as a person
who
practices the | 14 | | testing, fitting, selecting, servicing, dispensing,
or selling | 15 | | of hearing instruments.
| 16 | | "Fund" means the Hearing Instrument Dispenser Examining
| 17 | | and Disciplinary Fund.
| 18 | | "Hearing care professional" means a person who is a | 19 | | licensed
audiologist, a licensed hearing instrument dispenser, | 20 | | or a licensed
physician.
| 21 | | (Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15 .)
| 22 | | (225 ILCS 50/8) (from Ch. 111, par. 7408)
| 23 | | (Section scheduled to be repealed on January 1, 2026)
| 24 | | Sec. 8. Applicant qualifications; examination.
| 25 | | (a) In order to protect persons who are deaf or hard of |
| | | SB2500 | - 40 - | LRB101 11855 RLC 58807 b |
|
| 1 | | hearing, the Department
shall authorize or shall conduct an | 2 | | appropriate examination, which may be the International | 3 | | Hearing Society's licensure examination, for persons
who | 4 | | dispense, test, select, recommend, fit, or service hearing
| 5 | | instruments. The frequency of holding these examinations shall
| 6 | | be determined by the Department by rule. Those
who successfully | 7 | | pass such an examination shall be issued a license
as a hearing | 8 | | instrument dispenser, which shall be effective for
a 2-year | 9 | | period.
| 10 | | (b) Applicants shall be:
| 11 | | (1) at least 18 years of age;
| 12 | | (2) of good moral character;
| 13 | | (3) the holder of an associate's degree or the | 14 | | equivalent;
| 15 | | (4) free of contagious or infectious disease; and
| 16 | | (5) a citizen or person who has the status as a legal | 17 | | alien.
| 18 | | Felony convictions of the applicant and findings against | 19 | | the applicant
involving matters set forth in Sections 17 and 18 | 20 | | shall be considered in
determining moral character, but such a | 21 | | conviction or finding shall not make an
applicant ineligible to | 22 | | register for examination.
| 23 | | (c) Prior to engaging in the practice of fitting, | 24 | | dispensing, or servicing
hearing instruments, an applicant
| 25 | | shall demonstrate, by means of written
and practical | 26 | | examinations, that such person is qualified to
practice the |
| | | SB2500 | - 41 - | LRB101 11855 RLC 58807 b |
|
| 1 | | testing, selecting, recommending, fitting, selling, or
| 2 | | servicing of hearing instruments as defined in this
Act. An | 3 | | applicant must obtain a license within 12
months after passing | 4 | | either the written or practical examination, whichever is | 5 | | passed first, or must take and
pass those examinations again in | 6 | | order to be eligible to receive a license.
| 7 | | The Department shall, by rule, determine the conditions | 8 | | under which an
individual is examined.
| 9 | | (d) Proof of having met the minimum requirements of | 10 | | continuing education
as determined by the Director Board shall | 11 | | be required of all license renewals.
Pursuant to rule, the | 12 | | continuing education requirements may, upon petition to
the | 13 | | Director Board ,
be waived in whole or in part if the hearing | 14 | | instrument dispenser
can demonstrate
that he or she served in | 15 | | the Coast Guard or Armed Forces, had an extreme
hardship, or | 16 | | obtained his or her license by examination or
endorsement | 17 | | within
the preceding renewal period.
| 18 | | (e) Persons applying for an initial
license
must | 19 | | demonstrate having earned, at a minimum, an associate degree or | 20 | | its equivalent from an
accredited institution of higher | 21 | | education that is recognized by the U.S. Department of | 22 | | Education or that meets the U.S. Department of Education | 23 | | equivalency as determined through a National Association of | 24 | | Credential Evaluation Services (NACES) member, and meet the | 25 | | other requirements of
this Section. In addition, the applicant | 26 | | must demonstrate the successful
completion of (1) 12 semester |
| | | SB2500 | - 42 - | LRB101 11855 RLC 58807 b |
|
| 1 | | hours or 18 quarter hours of academic undergraduate
course work | 2 | | in an accredited institution consisting of 3 semester hours of
| 3 | | anatomy and physiology of the hearing mechanism, 3 semester | 4 | | hours of
hearing science, 3 semester hours of introduction to | 5 | | audiology, and 3 semester
hours of aural rehabilitation, or the | 6 | | quarter hour equivalent or (2) an equivalent program as | 7 | | determined by the Department that is consistent with the scope | 8 | | of practice of a hearing instrument dispenser as defined in | 9 | | Section 3 of this Act. Persons
licensed before January 1, 2003 | 10 | | who
have a valid license on that date may have their license | 11 | | renewed
without meeting the requirements of this subsection.
| 12 | | (Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15; | 13 | | 99-847, eff. 8-19-16.)
| 14 | | (225 ILCS 50/14) (from Ch. 111, par. 7414)
| 15 | | (Section scheduled to be repealed on January 1, 2026)
| 16 | | Sec. 14. Powers and duties of the Department. The powers | 17 | | and duties of
the Department are:
| 18 | | (a) To issue licenses and to administer examinations to | 19 | | applicants;
| 20 | | (b) To license persons who are qualified to engage in the | 21 | | testing,
recommending, fitting, selling, and dispensing of | 22 | | hearing instruments;
| 23 | | (c) To provide the equipment and facilities necessary for | 24 | | the examination;
| 25 | | (d) To issue and to renew licenses;
|
| | | SB2500 | - 43 - | LRB101 11855 RLC 58807 b |
|
| 1 | | (e) To suspend or revoke licenses or to take such other | 2 | | disciplinary action
as provided in this Act;
| 3 | | (f) (Blank) To consider all recommendations and requests of | 4 | | the Board and to inform
it of all actions of the Department | 5 | | insofar as hearing instrument dispensers
are concerned, | 6 | | including any instances where the actions of the Department are
| 7 | | contrary to the recommendations of the Board ;
| 8 | | (g) To promulgate rules necessary to implement this Act;
| 9 | | (h) (Blank); and
| 10 | | (i) To conduct such consumer education programs and | 11 | | awareness programs for
persons with a hearing impairment as it | 12 | | deems appropriate may be recommended by the Board .
| 13 | | (Source: P.A. 91-932, eff. 1-1-01 .)
| 14 | | (225 ILCS 50/15) (from Ch. 111, par. 7415)
| 15 | | (Section scheduled to be repealed on January 1, 2026)
| 16 | | Sec. 15. Fees.
| 17 | | (a) The examination and licensure fees paid to the | 18 | | Department are not refundable and shall be set forth by | 19 | | administrative rule. The Department may require a fee for the | 20 | | administration of the examination in addition to examination | 21 | | and licensure fees.
| 22 | | (b) The moneys received as fees and fines by the Department
| 23 | | under this Act shall be deposited in the Hearing Instrument
| 24 | | Dispenser Examining
and Disciplinary Fund, which is hereby | 25 | | created as a
special fund in the
State Treasury, and shall be |
| | | SB2500 | - 44 - | LRB101 11855 RLC 58807 b |
|
| 1 | | used only for the administration and
enforcement of this Act,
| 2 | | including : (1) costs directly related to licensing of persons | 3 | | under
this Act ; and (2) by the Board in the exercise
of its | 4 | | powers and performance of its duties, and such use shall be | 5 | | made
by the Department with full consideration of all | 6 | | recommendations of the Board .
| 7 | | All moneys deposited in the Fund shall be appropriated to | 8 | | the Department
for expenses of the Department and the Board in | 9 | | the administration and
enforcement of this Act.
| 10 | | Moneys in the Fund may
be invested and reinvested, with all | 11 | | earnings deposited in the
Fund and used for the purposes set | 12 | | forth in this Act.
| 13 | | Upon the completion of any audit of the Department as | 14 | | prescribed by the
Illinois State Auditing Act, which audit | 15 | | shall include an audit of the Fund,
the Department
shall make a | 16 | | copy of the audit open to inspection by any interested person,
| 17 | | which copy shall be submitted to the Department by the Auditor | 18 | | General, in
addition to the copies of audit reports required to | 19 | | be submitted to other
State officers and agencies by Section | 20 | | 3-14 of the Illinois State Auditing Act.
| 21 | | (Source: P.A. 99-204, eff. 7-30-15.)
| 22 | | (225 ILCS 50/18) (from Ch. 111, par. 7418)
| 23 | | (Section scheduled to be repealed on January 1, 2026)
| 24 | | Sec. 18. Discipline by the Department. The Department may | 25 | | refuse to
issue
or renew a license
or it may revoke, suspend, |
| | | SB2500 | - 45 - | LRB101 11855 RLC 58807 b |
|
| 1 | | place on probation, censure, fine, or reprimand
a
licensee for | 2 | | any of the following:
| 3 | | (a) Material misstatement in furnishing information to | 4 | | the Department
or to any other State or federal agency.
| 5 | | (b) Violations of this Act, or the rules promulgated | 6 | | hereunder.
| 7 | | (c) Conviction of any crime under the laws of the | 8 | | United States or any
state or territory thereof which is a | 9 | | felony or misdemeanor, an essential
element of dishonesty, | 10 | | or of any crime which is directly related
to the practice | 11 | | of the profession.
| 12 | | (d) Making any misrepresentation for the purpose of | 13 | | obtaining a license
or renewing a license, including | 14 | | falsification of the
continuing education
requirement.
| 15 | | (e) Professional incompetence.
| 16 | | (f) Malpractice.
| 17 | | (g) Aiding or assisting another person in violating any | 18 | | provision of this
Act or the rules promulgated hereunder.
| 19 | | (h) Failing, within 30 days, to provide
in writing | 20 | | information in response to a written
request made by the | 21 | | Department.
| 22 | | (i) Engaging in dishonorable, unethical, or | 23 | | unprofessional conduct which
is likely to deceive, | 24 | | defraud, or harm the public.
| 25 | | (j) Knowingly employing, directly or indirectly, any | 26 | | suspended or
unlicensed person to perform any services |
| | | SB2500 | - 46 - | LRB101 11855 RLC 58807 b |
|
| 1 | | covered by this Act.
| 2 | | (k) Habitual intoxication or addiction to the use of | 3 | | drugs.
| 4 | | (l) Discipline by another state, the District of | 5 | | Columbia, territory, or
a foreign nation, if at least one | 6 | | of the grounds for the discipline is the
same or | 7 | | substantially equivalent to those set forth herein.
| 8 | | (m) Directly or indirectly giving to or receiving from | 9 | | any person, firm,
corporation, partnership, or association | 10 | | any fee, commission, rebate,
or other
form of compensation | 11 | | for any service not actually rendered. Nothing in this | 12 | | paragraph (m) affects any bona fide independent contractor | 13 | | or employment arrangements among health care | 14 | | professionals, health facilities, health care providers, | 15 | | or other entities, except as otherwise prohibited by law. | 16 | | Any employment arrangements may include provisions for | 17 | | compensation, health insurance, pension, or other | 18 | | employment benefits for the provision of services within | 19 | | the scope of the licensee's practice under this Act. | 20 | | Nothing in this paragraph (m) shall be construed to require | 21 | | an employment arrangement to receive professional fees for | 22 | | services rendered.
| 23 | | (n) A finding by the Director Board that the licensee, | 24 | | after
having his or her license
placed on probationary | 25 | | status, has violated the terms of probation.
| 26 | | (o) Willfully making or filing false records or |
| | | SB2500 | - 47 - | LRB101 11855 RLC 58807 b |
|
| 1 | | reports.
| 2 | | (p) Willfully failing to report an instance of | 3 | | suspected child abuse or
neglect as required by the Abused | 4 | | and Neglected Child Reporting Act.
| 5 | | (q) Physical illness, including, but not limited to, | 6 | | deterioration through
the aging process, or loss of motor | 7 | | skill which results in the inability
to practice the | 8 | | profession with reasonable judgement, skill or safety.
| 9 | | (r) Solicitation of services or products by | 10 | | advertising that is false
or misleading. An advertisement | 11 | | is false or misleading if it:
| 12 | | (1) contains an intentional misrepresentation of | 13 | | fact;
| 14 | | (2) contains a false statement as to the licensee's | 15 | | professional
achievements, education, skills, or | 16 | | qualifications in the hearing instrument
dispensing | 17 | | profession;
| 18 | | (3) makes a partial disclosure of a relevant fact, | 19 | | including:
| 20 | | (i) the advertisement of a discounted price of | 21 | | an item without
identifying in the advertisement | 22 | | or at the location of the item either the
specific | 23 | | product being offered at the discounted price or | 24 | | the usual price of
the item; and
| 25 | | (ii) the advertisement of the price of a | 26 | | specifically identified hearing
instrument if more |
| | | SB2500 | - 48 - | LRB101 11855 RLC 58807 b |
|
| 1 | | than one hearing instrument appears in the same
| 2 | | advertisement without an accompanying price;
| 3 | | (4) contains a representation that a product | 4 | | innovation is new when, in
fact, the product was first | 5 | | offered by the manufacturer to the general public
in
| 6 | | this State not less than 12 months before the date of | 7 | | the advertisement;
| 8 | | (5) contains any other representation, statement, | 9 | | or claim that is
inherently misleading or deceptive; or
| 10 | | (6) contains information that the licensee | 11 | | manufactures hearing
instruments at the licensee's | 12 | | office location unless the following statement
| 13 | | includes a statement disclosing that the instruments | 14 | | are manufactured by a
specified manufacturer and | 15 | | assembled by the licensee.
| 16 | | (s) Participating in subterfuge or misrepresentation | 17 | | in the fitting or
servicing of a hearing instrument.
| 18 | | (t) (Blank).
| 19 | | (u) Representing that the service of a licensed | 20 | | physician or
other
health professional will be used
or made | 21 | | available in the fitting, adjustment, maintenance, or | 22 | | repair of
hearing
instruments when that is not true, or | 23 | | using the words "doctor",
"audiologist",
"clinic", | 24 | | "Clinical Audiologist", "Certified Hearing Aid | 25 | | Audiologist",
"State Licensed", "State
Certified", | 26 | | "Hearing Care Professional", "Licensed Hearing Instrument
|
| | | SB2500 | - 49 - | LRB101 11855 RLC 58807 b |
|
| 1 | | Dispenser", "Licensed Hearing Aid
Dispenser", "Board
| 2 | | Certified Hearing Instrument Specialist", "Hearing | 3 | | Instrument Specialist",
"Licensed Audiologist", or
any | 4 | | other
term, abbreviation,
or symbol which would give the | 5 | | impression that service is being provided
by persons who | 6 | | are licensed or awarded a degree or title,
or that the | 7 | | person's service who
is holding the license has been | 8 | | recommended by a governmental agency
or health provider, | 9 | | when such is not the case.
| 10 | | (v) Advertising a manufacturer's product or using a
| 11 | | manufacturer's name
or trademark implying a relationship | 12 | | which does not exist.
| 13 | | (w) Directly or indirectly giving or offering
anything | 14 | | of value to any person who advises another in a | 15 | | professional capacity,
as an inducement to influence the | 16 | | purchase of a product sold or offered
for sale by a hearing | 17 | | instrument dispenser or influencing persons
to refrain | 18 | | from
dealing in the products of competitors.
| 19 | | (x) Conducting business while suffering from a | 20 | | contagious
disease.
| 21 | | (y) Engaging in the fitting or sale of hearing | 22 | | instruments under a name with
fraudulent intent.
| 23 | | (z) Dispensing a hearing instrument to a person who has
| 24 | | not been
given tests
utilizing appropriate established | 25 | | procedures and instrumentation in the
fitting of hearing | 26 | | instruments, except where there is the
replacement of a
|
| | | SB2500 | - 50 - | LRB101 11855 RLC 58807 b |
|
| 1 | | hearing instrument, of the same make and model within one | 2 | | year of the dispensing of the
original hearing instrument.
| 3 | | (aa) Unavailability or unwillingness to adequately | 4 | | provide for
service
or repair of hearing instruments fitted | 5 | | and sold by the
dispenser.
| 6 | | (bb) Violating the regulations of the Federal Food and | 7 | | Drug
Administration
or the Federal Trade Commission as they | 8 | | affect hearing instruments.
| 9 | | (cc) Violating any provision of the Consumer Fraud and
| 10 | | Deceptive Business
Practices Act.
| 11 | | (dd) Violating the Health Care Worker Self-Referral | 12 | | Act. | 13 | | The Department , with the approval of the Board, may impose | 14 | | a fine not
to exceed $1,000 plus costs for the first violation | 15 | | and not to
exceed $5,000
plus costs for each subsequent | 16 | | violation of this Act, and the rules
promulgated hereunder, on | 17 | | any person or entity described in this Act.
Such fine may be | 18 | | imposed as an alternative to any other
disciplinary
measure, | 19 | | except for probation.
The imposition by the Department of a | 20 | | fine for any violation does
not bar
the violation from being | 21 | | alleged in subsequent disciplinary
proceedings.
Such fines | 22 | | shall be deposited in the Fund.
| 23 | | (Source: P.A. 100-201, eff. 8-18-17.)
| 24 | | (225 ILCS 50/21) (from Ch. 111, par. 7421)
| 25 | | (Section scheduled to be repealed on January 1, 2026)
|
| | | SB2500 | - 51 - | LRB101 11855 RLC 58807 b |
|
| 1 | | Sec. 21.
The Department may investigate the actions of any | 2 | | applicant,
corporation, partnership, trust, association or | 3 | | other entity, or any person
holding or claiming to hold a | 4 | | license. The Department
shall, before refusing to issue a | 5 | | license or disciplining
a registrant
or a corporation, | 6 | | partnership, trust, association or other entity,
notify, in | 7 | | writing, at least 10 days prior to the date set for the | 8 | | hearing,
the applicant for, or holder of, a license, or | 9 | | corporation,
partnership, trust, association or other entity. | 10 | | The notification shall
set forth the charges against the | 11 | | person, corporation, partnership,
trust, association, or other | 12 | | entity which form the basis for the
refusal to issue a license | 13 | | or the disciplinary action taken. If the
person, corporation, | 14 | | partnership, trust, association, or other entity
desires to | 15 | | contest any Department action under this Section he,
she or the | 16 | | corporation, partnership, trust, association, or other
entity | 17 | | shall send a written request for a hearing to the Department | 18 | | within 10
days of receipt of notice of the Department's action. | 19 | | If timely requested
by the person or the corporation, | 20 | | partnership, trust, association, or
other entity, the date of | 21 | | the hearing shall be set by the
Department. The hearing shall | 22 | | determine whether the applicant or licensee
is entitled to hold | 23 | | such license, and
shall afford such person an opportunity to be | 24 | | heard in person or by
counsel. A hearing shall also determine | 25 | | whether a corporation, partnership,
trust, association, or | 26 | | other entity is subject to disciplinary action, and
shall |
| | | SB2500 | - 52 - | LRB101 11855 RLC 58807 b |
|
| 1 | | afford such entities an opportunity to be heard by their
| 2 | | representative or by counsel. Such written notice may be served | 3 | | by
certified or registered mail to the respondent at its last | 4 | | known address.
Upon receipt of a request in writing for a | 5 | | hearing, a duly qualified
employee of the Department designated | 6 | | in writing by the Director and
approved by the Board as a | 7 | | hearing officer shall conduct a hearing to
review the decision. | 8 | | Notice of the time and place of the hearing shall be
given to | 9 | | the person or corporation, partnership, trust, association, or
| 10 | | other entity at least 10 days prior to the date set for the | 11 | | hearing. At
the time and place fixed in the notice, the hearing | 12 | | officer shall hear the
charges and the parties shall be | 13 | | accorded opportunity to present such
statements, testimony and | 14 | | evidence as may be
pertinent to the charges or defenses. The | 15 | | hearing officer
may continue such hearing from time to time. | 16 | | Pursuant to rule, the Director
may conduct informal hearings , | 17 | | and shall so inform the Board . The Director ,
Board or hearing | 18 | | officer may compel, by subpoena, the attendance and
testimony | 19 | | of witnesses and the production of books and papers and may | 20 | | administer oaths.
| 21 | | (Source: P.A. 86-800 .)
| 22 | | (225 ILCS 50/22) (from Ch. 111, par. 7422)
| 23 | | (Section scheduled to be repealed on January 1, 2026)
| 24 | | Sec. 22. Findings and recommendations to of the Director | 25 | | Board . At the conclusion of
the
hearing, the hearing officer |
| | | SB2500 | - 53 - | LRB101 11855 RLC 58807 b |
|
| 1 | | shall
make findings of fact in such hearing to the Director | 2 | | Board . The Director Board shall
review the findings of fact and | 3 | | present
to the Director a written report of its finding and | 4 | | recommendation as to
whether or not the accused person violated | 5 | | this Act or failed to comply
with the conditions required in | 6 | | this Act or any rule promulgated under this
Act. The Director | 7 | | Board shall specify the nature of the violation or failure
to | 8 | | comply and shall make its recommendations to the Director .
| 9 | | The report of findings and recommendation of the hearing | 10 | | officer Board shall be the basis
for the Department's action | 11 | | with respect to licensees
or the imposition
of any disciplinary | 12 | | action unless the Director determines that the report and
| 13 | | recommendation is contrary to the manifest weight of the | 14 | | evidence, in which
case the Director may issue an order in | 15 | | contravention of the report and
recommendation. The findings | 16 | | are not admissible in evidence
against the person in a criminal | 17 | | prosecution brought for the violation of
this Act, but the | 18 | | hearing and findings are not a bar to a criminal prosecution
| 19 | | brought for violating this Act.
| 20 | | (Source: P.A. 89-72, eff. 12-31-95 .)
| 21 | | (225 ILCS 50/23) (from Ch. 111, par. 7423)
| 22 | | (Section scheduled to be repealed on January 1, 2026)
| 23 | | Sec. 23.
The Department, at its expense, shall preserve a | 24 | | record of all
proceedings at the formal hearing of any case | 25 | | involving the refusal to issue
a license or to discipline a |
| | | SB2500 | - 54 - | LRB101 11855 RLC 58807 b |
|
| 1 | | licensee.
The notice
of hearing, the complaint
and all other | 2 | | documents in the nature of pleadings and written motions filed
| 3 | | in the proceedings, the transcript of testimony, the report of | 4 | | the Board
and the orders of the Department shall be the record | 5 | | of such proceeding.
| 6 | | In any case involving the refusal to issue a license
or to | 7 | | discipline
a licensee, a copy of the hearing officer's Board's | 8 | | report shall be served
upon the respondent
by the Department, | 9 | | as provided in this Act for the service of the notice
of | 10 | | hearing. Within 20 days after such service, the respondent may | 11 | | present
to the Department a motion in writing for a rehearing, | 12 | | which motion shall
specify the particular grounds therefor. If | 13 | | no motion for rehearing is
filed, then upon the expiration of | 14 | | the time specified for filing such a
motion, or if a motion for | 15 | | rehearing is denied, then upon such denial, the
Director may | 16 | | enter an order in accordance with recommendations of the | 17 | | hearing officer Board .
If the respondent orders and pays for a | 18 | | transcript of the record within
the time for filing a motion | 19 | | for rehearing, the 20-day period within which
such a motion may | 20 | | be filed shall commence upon the delivery of the transcript
to | 21 | | the respondent.
| 22 | | Whenever the Director is satisfied that substantial | 23 | | justice has not been
done either in an examination or in the | 24 | | revocation, suspension or refusal
to issue a license, the | 25 | | Director may order a re-examination
or rehearing.
| 26 | | (Source: P.A. 86-800 .)
|
| | | SB2500 | - 55 - | LRB101 11855 RLC 58807 b |
|
| 1 | | (225 ILCS 50/27.1) (from Ch. 111, par. 7427.1)
| 2 | | (Section scheduled to be repealed on January 1, 2026)
| 3 | | Sec. 27.1.
Notwithstanding the provisions of Section 21 of | 4 | | this Act,
the Director shall have the authority to appoint any | 5 | | attorney duly licensed
to practice law in the State of Illinois | 6 | | to serve as hearing officer in any
action for refusal to issue | 7 | | or renew a license, or discipline
of an applicant or
licensee | 8 | | regulated by
this Act. The Director shall notify the Board of | 9 | | any such appointment.
The hearing officer shall have full | 10 | | authority to conduct the hearing. The
hearing officer shall | 11 | | report his findings of fact, conclusions of law and
| 12 | | recommendations to the Board and the Director. Within The Board | 13 | | shall have 60
days from receipt of the report to review the | 14 | | report of the hearing officer
and present their findings of | 15 | | fact, conclusions of law and recommendations
to the Director. | 16 | | If the Board fails to present its
report within the 60-day | 17 | | period , the Director shall issue an order based on
the report | 18 | | of the hearing officer. If the Director disagrees in any regard
| 19 | | with the report of the Board or hearing officer, the Director | 20 | | he may issue an order in
contravention thereof. The Director | 21 | | shall provide a written explanation to
the Board on any such | 22 | | deviation, and shall specify with particularity the
reasons for | 23 | | such action in the final order. Members of the Board may be
| 24 | | present at all formal hearings brought under
the provisions of | 25 | | this Act.
|
| | | SB2500 | - 56 - | LRB101 11855 RLC 58807 b |
|
| 1 | | (Source: P.A. 86-800 .)
| 2 | | (225 ILCS 50/30) (from Ch. 111, par. 7430)
| 3 | | (Section scheduled to be repealed on January 1, 2026)
| 4 | | Sec. 30.
The determination by a circuit court that a | 5 | | licensee
is subject to involuntary admission or judicial | 6 | | admission, as provided in
the "Mental Health and Developmental | 7 | | Disabilities Code", approved September
5, 1978, as amended, | 8 | | operates as an automatic suspension
of his license. Such | 9 | | suspension will end
upon a finding by
a court that the patient | 10 | | is no longer subject to involuntary admission or
judicial | 11 | | admission and the court issues an order so finding and | 12 | | discharging
the patient and upon the recommendation of the | 13 | | hearing officer Board to the Director that
the licensee be | 14 | | allowed to resume his practice.
| 15 | | (Source: P.A. 86-800 .)
| 16 | | (225 ILCS 50/16 rep.) | 17 | | (225 ILCS 50/17 rep.) | 18 | | Section 95. The Hearing Instrument Consumer Protection Act | 19 | | is amended by repealing Sections 16 and 17. | 20 | | Section 100. The Health Care Workplace Violence Prevention | 21 | | Act is amended by changing Section 35 as follows: | 22 | | (405 ILCS 90/35)
|
| | | SB2500 | - 57 - | LRB101 11855 RLC 58807 b |
|
| 1 | | Sec. 35. Pilot project ; task force . (a) The Department of | 2 | | Human Services and the Department of Public Health shall | 3 | | initially implement this Act as a 2-year pilot project in which | 4 | | only the following health care workplaces shall participate: | 5 | | (1) The Chester Mental Health Center. | 6 | | (2) The Alton Mental Health Center. | 7 | | (3) The Douglas Singer Mental Health Center. | 8 | | (4) The Andrew McFarland Mental Health Center. | 9 | | (5) The Jacksonville Developmental Center. | 10 | | Each health care workplace participating in the pilot | 11 | | project shall comply with this Act as provided in this Act. | 12 | | (b) The Governor shall convene a 11-member task force | 13 | | consisting of the following: one member appointed by the | 14 | | President of the Senate; one member appointed by the Minority | 15 | | Leader of the Senate; one member appointed by the Speaker of | 16 | | House of Representatives; one member appointed by the Minority | 17 | | Leader of the House of Representatives; one representative from | 18 | | a statewide association representing licensed registered | 19 | | professional nurses; one licensed registered professional | 20 | | nurse involved in direct patient care, appointed by the | 21 | | Governor; one representative of an organization representing | 22 | | State, county, and municipal employees, appointed by the | 23 | | Governor; one representative of an organization representing | 24 | | public employees, appointed by the Governor; and 3 | 25 | | representatives of the Department of Human Services, with one | 26 | | representative from the Division of Mental Health, one |
| | | SB2500 | - 58 - | LRB101 11855 RLC 58807 b |
|
| 1 | | representative from the Division of Developmental | 2 | | Disabilities,
and one representative from the Division of | 3 | | Rehabilitation Services of the Department of Human Services. | 4 | | The task force shall submit a report to the Illinois General | 5 | | Assembly by January 1, 2008 that shall (i) evaluate the | 6 | | effectiveness of the health care workplace violence prevention | 7 | | pilot project in the facilities participating in the pilot | 8 | | project and (ii) make recommendations concerning the | 9 | | implementation of workplace violence prevention programs in | 10 | | all health care workplaces.
| 11 | | (c) The Department of Human Services shall provide all | 12 | | necessary administrative support to the task force.
| 13 | | (Source: P.A. 94-347, eff. 7-28-05; 94-1012, eff. 7-7-06.) | 14 | | Section 105. The Stem Cell Research and Human Cloning | 15 | | Prohibition Act is amended by changing Sections 10, 25, and 30 | 16 | | as follows: | 17 | | (410 ILCS 110/10)
| 18 | | Sec. 10. Definitions. As used in this Act: | 19 | | "Department" means the Department of Public Health. | 20 | | "Institute" means the Illinois Regenerative Medicine | 21 | | Institute.
| 22 | | "Committee" means the Illinois Regenerative Medicine | 23 | | Institute Oversight Committee.
| 24 | | (Source: P.A. 95-519, eff. 1-1-08.) |
| | | SB2500 | - 59 - | LRB101 11855 RLC 58807 b |
|
| 1 | | (410 ILCS 110/25)
| 2 | | Sec. 25. Conflict of interest. | 3 | | (a) (Blank) A person has a conflict of interest if any | 4 | | Committee action with respect to a matter may directly or | 5 | | indirectly financially benefit any of the following:
| 6 | | (1) That person. | 7 | | (2) That person's spouse, immediate family living with | 8 | | that person, or that person's extended family.
| 9 | | (3) Any individual or entity required to be disclosed | 10 | | by that person.
| 11 | | (4) Any other individual or entity with which that | 12 | | person has a business or professional relationship .
| 13 | | (b) (Blank) A Committee member who has a conflict of | 14 | | interest with respect to a matter may not discuss that matter | 15 | | with other Committee members and shall not vote upon or | 16 | | otherwise participate in any Committee action with respect to | 17 | | that matter. Each recusal occurring during a Committee meeting | 18 | | shall be made a part of the minutes or recording of the meeting | 19 | | in accordance with the Open Meetings Act .
| 20 | | (c) A member of a scientific peer review panel or any other | 21 | | advisory committee that may be established by the Department | 22 | | who has a conflict of interest with respect to a matter may not | 23 | | discuss that matter with other peer review panel or advisory | 24 | | committee members or with Committee members and shall not vote | 25 | | or otherwise participate in any peer review panel or advisory |
| | | SB2500 | - 60 - | LRB101 11855 RLC 58807 b |
|
| 1 | | committee action with respect to that matter. Each recusal of a | 2 | | peer review panel or advisory committee member occurring during | 3 | | a peer review panel or advisory committee meeting shall be made | 4 | | a part of the minutes or recording of the meeting in accordance | 5 | | with the Open Meetings Act. | 6 | | (d) The Institute shall not allow any Institute employee to | 7 | | participate in the processing of, or to provide any advice | 8 | | concerning, any matter with which the Institute employee has a | 9 | | conflict of interest.
| 10 | | (Source: P.A. 95-519, eff. 1-1-08.) | 11 | | (410 ILCS 110/30)
| 12 | | Sec. 30. Disclosure of Committee, scientific peer review | 13 | | panel, or advisory committee member income and interests. | 14 | | (a) Each Committee, scientific peer review panel , and any | 15 | | advisory committee member shall file with the Secretary of | 16 | | State a written disclosure of the following with respect to the | 17 | | member, the member's spouse, and any immediate family living | 18 | | with the member:
| 19 | | (1) Each source of income. | 20 | | (2) Each entity in which the member, spouse, or | 21 | | immediate family living with the member has an ownership or | 22 | | distributive income share that is not an income source | 23 | | required to be disclosed under item (1) of this subsection | 24 | | (a). | 25 | | (3) Each entity in or for which the member, spouse, or |
| | | SB2500 | - 61 - | LRB101 11855 RLC 58807 b |
|
| 1 | | immediate family living with the member serves as an | 2 | | executive, officer, director, trustee, or fiduciary. | 3 | | (4) Each entity with which the member, member's spouse, | 4 | | or immediate family living with the member has a contract | 5 | | for future income. | 6 | | (b) Each appointed Committee member and each member of a | 7 | | scientific peer review panel and any advisory committee member | 8 | | shall file the disclosure required by subsection (a) of this | 9 | | Section at the time the member is appointed and at the time of | 10 | | any reappointment of that member.
| 11 | | (c) Each Committee member and each member of a scientific | 12 | | peer review panel and any advisory committee member shall file | 13 | | an updated disclosure with the Secretary of State promptly | 14 | | after any change in the items required to be disclosed under | 15 | | this subsection with respect to the member, the member's | 16 | | spouse, or any immediate family living with the member. | 17 | | (d) The requirements of Section 3A-30 of the Illinois | 18 | | Governmental Ethics Act and any other disclosures required by | 19 | | law apply to this Act.
| 20 | | (e) Filed disclosures shall be public records.
| 21 | | (Source: P.A. 95-519, eff. 1-1-08.) | 22 | | (410 ILCS 110/20 rep.) | 23 | | (410 ILCS 110/35 rep.) | 24 | | Section 110. The Stem Cell Research and Human Cloning | 25 | | Prohibition Act is amended by repealing Sections 20 and 35. |
| | | SB2500 | - 62 - | LRB101 11855 RLC 58807 b |
|
| 1 | | (410 ILCS 221/Act rep.) | 2 | | Section 115. The Advisory Board for the Maternal and Child | 3 | | Health Block Grant Programs Act is repealed. | 4 | | (410 ILCS 225/7 rep.) | 5 | | Section 117. The Prenatal and Newborn Care Act is amended | 6 | | by repealing Section 7. | 7 | | (410 ILCS 303/25 rep.) | 8 | | Section 120. The African-American HIV/AIDS Response Act is | 9 | | amended by repealing Section 25. | 10 | | (410 ILCS 413/15 rep.) | 11 | | (410 ILCS 413/20 rep.) | 12 | | Section 125. The Epilepsy Disease Assistance Act is amended | 13 | | by repealing Sections 15 and 20. | 14 | | Section 130. The Head and Spinal Cord Injury Act is amended | 15 | | by changing Sections 1 and 3 as follows:
| 16 | | (410 ILCS 515/1) (from Ch. 111 1/2, par. 7851)
| 17 | | Sec. 1. As used in this Act, unless the context clearly | 18 | | indicates otherwise:
| 19 | | (a) "Department" means the Department of Public Health.
| 20 | | (b) "Head Injury" means a sudden insult or damage to the |
| | | SB2500 | - 63 - | LRB101 11855 RLC 58807 b |
|
| 1 | | brain or its
coverings, not of a degenerative nature, which | 2 | | produces an altered state of
consciousness or temporarily or | 3 | | permanently impairs mental, cognitive,
behavioral or physical | 4 | | functioning. Cerebral vascular accidents,
aneurisms and | 5 | | congenital deficits are excluded from this definition.
| 6 | | (c) "Spinal cord injury" means an injury that occurs as a | 7 | | result of
trauma, which involves spinal vertebral fracture, or | 8 | | where the injured
person suffers any of the following effects:
| 9 | | (1) effects on the sensory system including numbness, | 10 | | tingling or loss
of sensation in the body or in one or more | 11 | | extremities;
| 12 | | (2) effects on the motor system including weakness or | 13 | | paralysis in one
or more extremities;
| 14 | | (3) effects on the visceral system including bowel or | 15 | | bladder
dysfunction or hypotension.
| 16 | | (d) "Council" means the Advisory Council on Spinal Cord and | 17 | | Head Injuries.
| 18 | | (Source: P.A. 86-510.)
| 19 | | (410 ILCS 515/3) (from Ch. 111 1/2, par. 7853)
| 20 | | Sec. 3.
(a) All reports and records made pursuant to this | 21 | | Act and
maintained by the Department and other appropriate | 22 | | persons, officials and
institutions pursuant to this Act shall | 23 | | be confidential. Information shall
not be made available to any | 24 | | individual or institution except to:
| 25 | | (1) appropriate staff of the Department; and
|
| | | SB2500 | - 64 - | LRB101 11855 RLC 58807 b |
|
| 1 | | (2) any person engaged in a bona fide research project, | 2 | | with the
permission of the Director of Public Health, except | 3 | | that no information
identifying the subjects of the reports or | 4 | | the reporters shall be made
available to researchers unless the | 5 | | Department requests and receives
consent for such release | 6 | | pursuant to the provisions of this Section . ; and
| 7 | | (3) the Council, except that no information identifying the | 8 | | subjects of
the reports or the reporters shall be made | 9 | | available to the Council unless
consent for release is | 10 | | requested and received pursuant to the provisions of
this | 11 | | Section. Only information pertaining to head and spinal cord | 12 | | injuries
as defined in Section 1 of this Act shall be released | 13 | | to the Council.
| 14 | | (b) The Department shall not reveal the identity of a | 15 | | patient,
physician or hospital, except that the identity of the | 16 | | patient
may be released upon written consent of the patient, | 17 | | parent or guardian,
the identity of the physician may be | 18 | | released upon written consent of the
physician, and the | 19 | | identity of the hospital may be released upon written
consent | 20 | | of the hospital.
| 21 | | (c) The Department shall request consent for release from a | 22 | | patient, a
physician or hospital only upon a showing by the | 23 | | applicant for
such release that obtaining the identities of | 24 | | certain patients, physicians
or hospitals is necessary for his | 25 | | bonafide research directly related to the
objectives of this | 26 | | Act.
|
| | | SB2500 | - 65 - | LRB101 11855 RLC 58807 b |
|
| 1 | | (d) The Department shall at least annually compile a report | 2 | | of the data
accumulated through the reporting system | 3 | | established under Section 2 of
this Act and shall submit such | 4 | | data relating to spinal cord and head
injuries in accordance | 5 | | with confidentiality restrictions established
pursuant to this | 6 | | Act to the Council .
| 7 | | (Source: P.A. 86-510.)
| 8 | | (410 ILCS 515/6 rep.) | 9 | | Section 135. The Head and Spinal Cord Injury Act is amended | 10 | | by repealing Section 6. | 11 | | Section 140. The Illinois Adverse Health Care Events | 12 | | Reporting Law of 2005 is amended by changing Section 10-45 as | 13 | | follows: | 14 | | (410 ILCS 522/10-45)
| 15 | | Sec. 10-45. Testing period.
| 16 | | (a) Prior to the testing period in subsection (b), the | 17 | | Department shall adopt rules for implementing this Law in | 18 | | consultation with the Health Care Event Reporting Advisory | 19 | | Committee and individuals who have experience and expertise in | 20 | | devising and implementing adverse health care event or other | 21 | | health care quality reporting systems. The rules shall | 22 | | establish the methodology and format for health care facilities | 23 | | reporting information under this Law to the Department and |
| | | SB2500 | - 66 - | LRB101 11855 RLC 58807 b |
|
| 1 | | shall be finalized before the beginning of the testing period | 2 | | under subsection (b). | 3 | | (b) The Department shall conduct a testing period of at | 4 | | least 6 months to test the reporting process to identify any | 5 | | problems or deficiencies with the planned reporting process. | 6 | | (c) None of the information reported and analyzed during | 7 | | the testing period shall be used in any public report under | 8 | | this Law. | 9 | | (d) The Department must substantially address the problems | 10 | | or deficiencies identified during the testing period before | 11 | | fully implementing the reporting system. | 12 | | (e) After the testing period, and after any corrections, | 13 | | adjustments, or modifications are finalized, the Department | 14 | | must give at least 30 days written notice to health care | 15 | | facilities prior to full implementation of the reporting system | 16 | | and collection of adverse event data that will be used in | 17 | | public reports. | 18 | | (f) Following the testing period, 4 calendar quarters of | 19 | | data must be collected prior to the Department's publishing the | 20 | | annual report of adverse events to the public under paragraph | 21 | | (4) of Section 10-35. | 22 | | (g) The process described in subsections (a) through (e) | 23 | | must be completed by the Department no later than July 1, 2007. | 24 | | (h) Notwithstanding any other provision of law, the | 25 | | Department may contract with an entity for receiving all | 26 | | adverse health care event reports, root cause analysis |
| | | SB2500 | - 67 - | LRB101 11855 RLC 58807 b |
|
| 1 | | findings, and corrective action plans that must be reported to | 2 | | the Department under this Law and for the compilation of the | 3 | | information and the provision of quarterly and annual reports | 4 | | to the Department describing such information according to the | 5 | | rules adopted by the Department under this Law.
| 6 | | (Source: P.A. 94-242, eff. 7-18-05; 95-331, eff. 8-21-07.) | 7 | | (410 ILCS 522/10-40 rep.) | 8 | | Section 145. The Illinois Adverse Health Care Events | 9 | | Reporting Law of 2005 is amended by repealing Section 10-40. | 10 | | Section 150. The Environmental Protection Act is amended by | 11 | | changing Section 17.7 as follows:
| 12 | | (415 ILCS 5/17.7) (from Ch. 111 1/2, par. 1017.7)
| 13 | | Sec. 17.7. Community water supply testing fee.
| 14 | | (a) The Agency shall collect an annual nonrefundable | 15 | | testing fee from each
community water supply for participating | 16 | | in the laboratory fee program for
analytical services to | 17 | | determine compliance with contaminant levels specified
in | 18 | | State or federal drinking water regulations. A community water | 19 | | supply may
commit to participation in the laboratory fee | 20 | | program. If the community water
supply makes such a commitment, | 21 | | it shall commit for a period consistent with
the participation | 22 | | requirements established by the Agency and the Community
Water | 23 | | Supply Testing Council (Council) . If a community water supply |
| | | SB2500 | - 68 - | LRB101 11855 RLC 58807 b |
|
| 1 | | elects not
to participate, it must annually notify the Agency | 2 | | in writing of its decision
not to participate in the laboratory | 3 | | fee program.
| 4 | | (b) The Agency shall determine the fee
for participating in | 5 | | the laboratory fee program for analytical services. The
Agency | 6 | | may establish multi-year
participation requirements for | 7 | | community water supplies and establish fees
accordingly. The | 8 | | Agency shall base its annual fee determination upon the actual
| 9 | | and anticipated costs for testing under State and federal | 10 | | drinking water
regulations and the associated administrative | 11 | | costs of the Agency and the
Council .
| 12 | | (c) Community water supplies that choose not to participate | 13 | | in the
laboratory fee program or do not pay the fees shall have | 14 | | the duty to analyze
all drinking water samples as required by | 15 | | State or federal safe drinking water
regulations established | 16 | | after the federal Safe Drinking Water Act Amendments of
1986.
| 17 | | (d) There is hereby created in the State Treasury an | 18 | | interest-bearing
special fund to be known as the Community | 19 | | Water Supply Laboratory Fund. All
fees collected by the Agency | 20 | | under this Section shall be deposited into this
Fund and shall | 21 | | be used for no other purpose except those established in this
| 22 | | Section. In addition to any monies appropriated from the | 23 | | General Revenue Fund,
monies in the Fund shall be appropriated | 24 | | to the Agency in amounts deemed
necessary for laboratory | 25 | | testing of samples from community water supplies, and
for the | 26 | | associated administrative expenses of the Agency and the |
| | | SB2500 | - 69 - | LRB101 11855 RLC 58807 b |
|
| 1 | | Council .
| 2 | | (e) The Agency is authorized to adopt reasonable and | 3 | | necessary rules
for the administration of this Section. The | 4 | | Agency shall submit the
proposed rules for review by the | 5 | | Council before submission of the
rulemaking for the First | 6 | | Notice under Section 5-40 of the Illinois
Administrative | 7 | | Procedure Act.
| 8 | | (f) The Director shall establish a Community Water Supply | 9 | | Testing Council,
consisting of 5 persons who are elected | 10 | | municipal officials, 5 persons
representing community water | 11 | | supplies, one person representing the engineering
profession, | 12 | | one person representing investor-owned utilities, one person
| 13 | | representing the Illinois Association of Environmental | 14 | | Laboratories, and 2
persons
representing municipalities and | 15 | | community water supplies on a statewide basis,
all appointed by | 16 | | the Director. Beginning in 1994, the Director shall appoint
the | 17 | | following to the Council: (i) 2 elected municipal officials, 2 | 18 | | community
water supply representatives, and 1 investor-owned | 19 | | utility representative, each
for a one-year term; (ii) 2 | 20 | | elected municipal officials and 2 community water
supply | 21 | | representatives, each for a 2 year term; and (iii) one elected
| 22 | | municipal official, one community water supply representative, | 23 | | one person
representing the engineering profession, and 2 | 24 | | persons representing
municipalities and community water | 25 | | supplies on a statewide basis, each for
a 3 year term.
As soon | 26 | | as possible after the effective date of this amendatory Act of |
| | | SB2500 | - 70 - | LRB101 11855 RLC 58807 b |
|
| 1 | | the
92nd General Assembly, the Director shall appoint one
| 2 | | person representing the Illinois Association of
Environmental | 3 | | Laboratories to a term of 3 years.
Thereafter, the Director | 4 | | shall appoint successors in
each position to 3 year terms. In | 5 | | case of a vacancy, the Director may
appoint a successor to fill | 6 | | the remaining term of the vacancy. Members of
the Council shall | 7 | | serve until a successor is appointed by the Director.
The | 8 | | Council shall select from its members a chairperson and such | 9 | | other officers
as it deems necessary. The Council shall meet at | 10 | | the call of the Director or the Chairperson of the Council. The | 11 | | Agency shall provide the Council with such supporting services | 12 | | as
the Director and the Chairperson may designate, and members | 13 | | shall be reimbursed
for ordinary and necessary expenses | 14 | | incurred in the performance of their
duties. The Council shall | 15 | | have the following duties:
| 16 | | (1) to hold regular and special meetings at
a time and | 17 | | place designated by the Director or the Chairperson of the | 18 | | Council;
| 19 | | (2) to consider appropriate means for long-term | 20 | | financial support of
water supply testing, and to make | 21 | | recommendations to the Agency regarding a
preferred | 22 | | approach;
| 23 | | (3) to review and evaluate the financial implications | 24 | | of current and
future federal requirements for monitoring | 25 | | of public water supplies;
| 26 | | (4) to review and evaluate management and financial |
| | | SB2500 | - 71 - | LRB101 11855 RLC 58807 b |
|
| 1 | | audit reports related
to the testing program, and to make | 2 | | recommendations regarding the Agency's
efforts to | 3 | | implement the fee system and testing provided for by this | 4 | | Section;
| 5 | | (5) to require an external audit as may be deemed | 6 | | necessary by the
Council; and
| 7 | | (6) to conduct such other activities as may be deemed | 8 | | appropriate by the
Director.
| 9 | | (Source: P.A. 97-220, eff. 7-28-11.)
| 10 | | (420 ILCS 40/14 rep.) | 11 | | Section 155. The Radiation Protection Act of 1990 is | 12 | | amended by repealing Section 14. | 13 | | (430 ILCS 40/6 rep.) | 14 | | Section 160. The Illinois Poison Prevention Packaging Act | 15 | | is amended by repealing Section 6.
| 16 | | Section 999. Effective date. This Act takes effect upon | 17 | | becoming law.
| | | | SB2500 | - 72 - | LRB101 11855 RLC 58807 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 177/10 | | | 4 | | 5 ILCS 177/15 rep. | | | 5 | | 20 ILCS 605/605-300 | was 20 ILCS 605/46.2 | | 6 | | 20 ILCS 605/605-360 rep. | | | 7 | | 20 ILCS 605/605-425 rep. | | | 8 | | 20 ILCS 605/605-1000 rep. | | | 9 | | 20 ILCS 2310/2310-376 | | | 10 | | 20 ILCS 2310/2310-76 rep. | | | 11 | | 20 ILCS 2310/2310-77 rep. | | | 12 | | 20 ILCS 2310/2310-349 rep. | | | 13 | | 20 ILCS 2310/2310-560 rep. | | | 14 | | 20 ILCS 2325/5 | | | 15 | | 20 ILCS 2325/10 | | | 16 | | 20 ILCS 2325/20 | | | 17 | | 20 ILCS 2325/15 rep. | | | 18 | | 20 ILCS 2325/25 rep. | | | 19 | | 20 ILCS 2407/Art. 2 rep. | | | 20 | | 20 ILCS 2407/53 | | | 21 | | 20 ILCS 3310/10 | | | 22 | | 20 ILCS 3950/Act rep. | | | 23 | | 20 ILCS 4024/Act rep. | | | 24 | | 30 ILCS 772/20 | | | 25 | | 30 ILCS 780/5-30 | | |
| | | SB2500 | - 73 - | LRB101 11855 RLC 58807 b |
|
| 1 | | 210 ILCS 25/Art. V rep. | | | 2 | | 210 ILCS 86/25 | | | 3 | | 210 ILCS 110/13A rep. | | | 4 | | 225 ILCS 5/3 | from Ch. 111, par. 7603 | | 5 | | 225 ILCS 5/5 | from Ch. 111, par. 7605 | | 6 | | 225 ILCS 5/19 | from Ch. 111, par. 7619 | | 7 | | 225 ILCS 5/19.5 | | | 8 | | 225 ILCS 5/24 | from Ch. 111, par. 7624 | | 9 | | 225 ILCS 5/6 rep. | | | 10 | | 225 ILCS 5/21 rep. | | | 11 | | 225 ILCS 5/22 rep. | | | 12 | | 225 ILCS 50/3 | from Ch. 111, par. 7403 | | 13 | | 225 ILCS 50/8 | from Ch. 111, par. 7408 | | 14 | | 225 ILCS 50/14 | from Ch. 111, par. 7414 | | 15 | | 225 ILCS 50/15 | from Ch. 111, par. 7415 | | 16 | | 225 ILCS 50/18 | from Ch. 111, par. 7418 | | 17 | | 225 ILCS 50/21 | from Ch. 111, par. 7421 | | 18 | | 225 ILCS 50/22 | from Ch. 111, par. 7422 | | 19 | | 225 ILCS 50/23 | from Ch. 111, par. 7423 | | 20 | | 225 ILCS 50/27.1 | from Ch. 111, par. 7427.1 | | 21 | | 225 ILCS 50/30 | from Ch. 111, par. 7430 | | 22 | | 225 ILCS 50/16 rep. | | | 23 | | 225 ILCS 50/17 rep. | | | 24 | | 405 ILCS 90/35 | | | 25 | | 410 ILCS 110/10 | | | 26 | | 410 ILCS 110/25 | | |
| | | SB2500 | - 74 - | LRB101 11855 RLC 58807 b |
|
| 1 | | 410 ILCS 110/30 | | | 2 | | 410 ILCS 110/20 rep. | | | 3 | | 410 ILCS 110/35 rep. | | | 4 | | 410 ILCS 221/Act rep. | | | 5 | | 410 ILCS 225/7 rep. | | | 6 | | 410 ILCS 303/25 rep. | | | 7 | | 410 ILCS 413/15 rep. | | | 8 | | 410 ILCS 413/20 rep. | | | 9 | | 410 ILCS 515/1 | from Ch. 111 1/2, par. 7851 | | 10 | | 410 ILCS 515/3 | from Ch. 111 1/2, par. 7853 | | 11 | | 410 ILCS 515/6 rep. | | | 12 | | 410 ILCS 522/10-45 | | | 13 | | 410 ILCS 522/10-40 rep. | | | 14 | | 415 ILCS 5/17.7 | from Ch. 111 1/2, par. 1017.7 | | 15 | | 420 ILCS 40/14 rep. | | | 16 | | 430 ILCS 40/6 rep. | |
| |
|