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Public Act 102-1071 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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ARTICLE 5. STATE GOVERNMENT-AGENCY MANDATES
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(20 ILCS 1110/7 rep.)
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(20 ILCS 1110/8 rep.)
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(20 ILCS 1110/9 rep.)
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(20 ILCS 1110/10 rep.)
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(20 ILCS 1110/11 rep.)
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(20 ILCS 1110/12 rep.)
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(20 ILCS 1110/13 rep.)
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(20 ILCS 1110/14 rep.)
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(20 ILCS 1110/15 rep.)
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(20 ILCS 1110/16 rep.)
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(20 ILCS 1110/17 rep.)
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Section 5-5. The Illinois Coal and Energy Development Bond | ||||
Act is amended by repealing Sections 7, 8, 9, 10, 11, 12, 13, | ||||
14, 15, 16, and 17. | ||||
Section 5-10. The Department of Human Services Act is | ||||
amended by changing Section 1-17 as follows:
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(20 ILCS 1305/1-17)
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Sec. 1-17. Inspector General. | ||
(a) Nature and purpose. It is the express intent of the | ||
General Assembly to ensure the health, safety, and financial | ||
condition of individuals receiving services in this State due | ||
to mental illness, developmental disability, or both by | ||
protecting those persons from acts of abuse, neglect, or both | ||
by service providers. To that end, the Office of the Inspector | ||
General for the Department of Human Services is created to | ||
investigate and report upon allegations of the abuse, neglect, | ||
or financial exploitation of individuals receiving services | ||
within mental health facilities, developmental disabilities | ||
facilities, and community agencies operated, licensed, funded, | ||
or certified by the Department of Human Services, but not | ||
licensed or certified by any other State agency. | ||
(b) Definitions. The following definitions apply to this | ||
Section: | ||
"Adult student with a disability" means an adult student, | ||
age 18 through 21, inclusive, with an Individual Education | ||
Program, other than a resident of a facility licensed by the | ||
Department of Children and Family Services in accordance with | ||
the Child Care Act of 1969. For purposes of this definition, | ||
"through age 21, inclusive", means through the day before the | ||
student's 22nd birthday. | ||
"Agency" or "community agency" means (i) a community | ||
agency licensed, funded, or certified by the Department, but | ||
not licensed or certified by any other human services agency |
of the State, to provide mental health service or | ||
developmental disabilities service, or (ii) a program | ||
licensed, funded, or certified by the Department, but not | ||
licensed or certified by any other human services agency of | ||
the State, to provide mental health service or developmental | ||
disabilities service. | ||
"Aggravating circumstance" means a factor that is | ||
attendant to a finding and that tends to compound or increase | ||
the culpability of the accused. | ||
"Allegation" means an assertion, complaint, suspicion, or | ||
incident involving any of the following conduct by an | ||
employee, facility, or agency against an individual or | ||
individuals: mental abuse, physical abuse, sexual abuse, | ||
neglect, or financial exploitation. | ||
"Day" means working day, unless otherwise specified. | ||
"Deflection" means a situation in which an individual is | ||
presented for admission to a facility or agency, and the | ||
facility staff or agency staff do not admit the individual. | ||
"Deflection" includes triage, redirection, and denial of | ||
admission. | ||
"Department" means the Department of Human Services. | ||
"Developmental disability" means "developmental | ||
disability" as defined in the Mental Health and Developmental | ||
Disabilities Code. | ||
"Egregious neglect" means a finding of neglect as | ||
determined by the Inspector General that (i) represents a |
gross failure to adequately provide for, or a callused | ||
indifference to, the health, safety, or medical needs of an | ||
individual and (ii) results in an individual's death or other | ||
serious deterioration of an individual's physical condition or | ||
mental condition. | ||
"Employee" means any person who provides services at the | ||
facility or agency on-site or off-site. The service | ||
relationship can be with the individual or with the facility | ||
or agency. Also, "employee" includes any employee or | ||
contractual agent of the Department of Human Services or the | ||
community agency involved in providing or monitoring or | ||
administering mental health or developmental disability | ||
services. This includes but is not limited to: owners, | ||
operators, payroll personnel, contractors, subcontractors, and | ||
volunteers. | ||
"Facility" or "State-operated facility" means a mental | ||
health facility or developmental disabilities facility | ||
operated by the Department. | ||
"Financial exploitation" means taking unjust advantage of | ||
an individual's assets, property, or financial resources | ||
through deception, intimidation, or conversion for the | ||
employee's, facility's, or agency's own advantage or benefit. | ||
"Finding" means the Office of Inspector General's | ||
determination regarding whether an allegation is | ||
substantiated, unsubstantiated, or unfounded. | ||
"Health Care Worker Registry" or "Registry" means the |
Health Care Worker Registry under the Health Care Worker | ||
Background Check Act. | ||
"Individual" means any person receiving mental health | ||
service, developmental disabilities service, or both from a | ||
facility or agency, while either on-site or off-site. | ||
"Mental abuse" means the use of demeaning, intimidating, | ||
or threatening words, signs, gestures, or other actions by an | ||
employee about an individual and in the presence of an | ||
individual or individuals that results in emotional distress | ||
or maladaptive behavior, or could have resulted in emotional | ||
distress or maladaptive behavior, for any individual present. | ||
"Mental illness" means "mental illness" as defined in the | ||
Mental Health and Developmental Disabilities Code. | ||
"Mentally ill" means having a mental illness. | ||
"Mitigating circumstance" means a condition that (i) is | ||
attendant to a finding, (ii) does not excuse or justify the | ||
conduct in question, but (iii) may be considered in evaluating | ||
the severity of the conduct, the culpability of the accused, | ||
or both the severity of the conduct and the culpability of the | ||
accused. | ||
"Neglect" means an employee's, agency's, or facility's | ||
failure to provide adequate medical care, personal care, or | ||
maintenance and that, as a consequence, (i) causes an | ||
individual pain, injury, or emotional distress, (ii) results | ||
in either an individual's maladaptive behavior or the | ||
deterioration of an individual's physical condition or mental |
condition, or (iii) places the individual's health or safety | ||
at substantial risk. | ||
"Person with a developmental disability" means a person | ||
having a developmental disability. | ||
"Physical abuse" means an employee's non-accidental and | ||
inappropriate contact with an individual that causes bodily | ||
harm. "Physical abuse" includes actions that cause bodily harm | ||
as a result of an employee directing an individual or person to | ||
physically abuse another individual. | ||
"Recommendation" means an admonition, separate from a | ||
finding, that requires action by the facility, agency, or | ||
Department to correct a systemic issue, problem, or deficiency | ||
identified during an investigation. | ||
"Required reporter" means any employee who suspects, | ||
witnesses, or is informed of an allegation of any one or more | ||
of the following: mental abuse, physical abuse, sexual abuse, | ||
neglect, or financial exploitation. | ||
"Secretary" means the Chief Administrative Officer of the | ||
Department. | ||
"Sexual abuse" means any sexual contact or intimate | ||
physical contact between an employee and an individual, | ||
including an employee's coercion or encouragement of an | ||
individual to engage in sexual behavior that results in sexual | ||
contact, intimate physical contact, sexual behavior, or | ||
intimate physical behavior. Sexual abuse also includes (i) an | ||
employee's actions that result in the sending or showing of |
sexually explicit images to an individual via computer, | ||
cellular phone, electronic mail, portable electronic device, | ||
or other media with or without contact with the individual or | ||
(ii) an employee's posting of sexually explicit images of an | ||
individual online or elsewhere whether or not there is contact | ||
with the individual. | ||
"Sexually explicit images" includes, but is not limited | ||
to, any material which depicts nudity, sexual conduct, or | ||
sado-masochistic abuse, or which contains explicit and | ||
detailed verbal descriptions or narrative accounts of sexual | ||
excitement, sexual conduct, or sado-masochistic abuse. | ||
"Substantiated" means there is a preponderance of the | ||
evidence to support the allegation. | ||
"Unfounded" means there is no credible evidence to support | ||
the allegation. | ||
"Unsubstantiated" means there is credible evidence, but | ||
less than a preponderance of evidence to support the | ||
allegation. | ||
(c) Appointment. The Governor shall appoint, and the | ||
Senate shall confirm, an Inspector General. The Inspector | ||
General shall be appointed for a term of 4 years and shall | ||
function within the Department of Human Services and report to | ||
the Secretary and the Governor. | ||
(d) Operation and appropriation. The Inspector General | ||
shall function independently within the Department with | ||
respect to the operations of the Office, including the |
performance of investigations and issuance of findings and | ||
recommendations. The appropriation for the Office of Inspector | ||
General shall be separate from the overall appropriation for | ||
the Department. | ||
(e) Powers and duties. The Inspector General shall | ||
investigate reports of suspected mental abuse, physical abuse, | ||
sexual abuse, neglect, or financial exploitation of | ||
individuals in any mental health or developmental disabilities | ||
facility or agency and shall have authority to take immediate | ||
action to prevent any one or more of the following from | ||
happening to individuals under its jurisdiction: mental abuse, | ||
physical abuse, sexual abuse, neglect, or financial | ||
exploitation. Upon written request of an agency of this State, | ||
the Inspector General may assist another agency of the State | ||
in investigating reports of the abuse, neglect, or abuse and | ||
neglect of persons with mental illness, persons with | ||
developmental disabilities, or persons with both. To comply | ||
with the requirements of subsection (k) of this Section, the | ||
Inspector General shall also review all reportable deaths for | ||
which there is no allegation of abuse or neglect. Nothing in | ||
this Section shall preempt any duties of the Medical Review | ||
Board set forth in the Mental Health and Developmental | ||
Disabilities Code. The Inspector General shall have no | ||
authority to investigate alleged violations of the State | ||
Officials and Employees Ethics Act. Allegations of misconduct | ||
under the State Officials and Employees Ethics Act shall be |
referred to the Office of the Governor's Executive Inspector | ||
General for investigation. | ||
(f) Limitations. The Inspector General shall not conduct | ||
an investigation within an agency or facility if that | ||
investigation would be redundant to or interfere with an | ||
investigation conducted by another State agency. The Inspector | ||
General shall have no supervision over, or involvement in, the | ||
routine programmatic, licensing, funding, or certification | ||
operations of the Department. Nothing in this subsection | ||
limits investigations by the Department that may otherwise be | ||
required by law or that may be necessary in the Department's | ||
capacity as central administrative authority responsible for | ||
the operation of the State's mental health and developmental | ||
disabilities facilities. | ||
(g) Rulemaking authority. The Inspector General shall | ||
promulgate rules establishing minimum requirements for | ||
reporting allegations as well as for initiating, conducting, | ||
and completing investigations based upon the nature of the | ||
allegation or allegations. The rules shall clearly establish | ||
that if 2 or more State agencies could investigate an | ||
allegation, the Inspector General shall not conduct an | ||
investigation that would be redundant to, or interfere with, | ||
an investigation conducted by another State agency. The rules | ||
shall further clarify the method and circumstances under which | ||
the Office of Inspector General may interact with the | ||
licensing, funding, or certification units of the Department |
in preventing further occurrences of mental abuse, physical | ||
abuse, sexual abuse, neglect, egregious neglect, and financial | ||
exploitation. | ||
(h) Training programs. The Inspector General shall (i) | ||
establish a comprehensive program to ensure that every person | ||
authorized to conduct investigations receives ongoing training | ||
relative to investigation techniques, communication skills, | ||
and the appropriate means of interacting with persons | ||
receiving treatment for mental illness, developmental | ||
disability, or both mental illness and developmental | ||
disability, and (ii) establish and conduct periodic training | ||
programs for facility and agency employees concerning the | ||
prevention and reporting of any one or more of the following: | ||
mental abuse, physical abuse, sexual abuse, neglect, egregious | ||
neglect, or financial exploitation. The Inspector General | ||
shall further ensure (i) every person authorized to conduct | ||
investigations at community agencies receives ongoing training | ||
in Title 59, Parts 115, 116, and 119 of the Illinois | ||
Administrative Code, and (ii) every person authorized to | ||
conduct investigations shall receive ongoing training in Title | ||
59, Part 50 of the Illinois Administrative Code. Nothing in | ||
this Section shall be deemed to prevent the Office of | ||
Inspector General from conducting any other training as | ||
determined by the Inspector General to be necessary or | ||
helpful. | ||
(i) Duty to cooperate. |
(1) The Inspector General shall at all times be | ||
granted access to any facility or agency for the purpose | ||
of investigating any allegation, conducting unannounced | ||
site visits, monitoring compliance with a written | ||
response, or completing any other statutorily assigned | ||
duty. The Inspector General shall conduct unannounced site | ||
visits to each facility at least annually for the purpose | ||
of reviewing and making recommendations on systemic issues | ||
relative to preventing, reporting, investigating, and | ||
responding to all of the following: mental abuse, physical | ||
abuse, sexual abuse, neglect, egregious neglect, or | ||
financial exploitation. | ||
(2) Any employee who fails to cooperate with an Office | ||
of the Inspector General investigation is in violation of | ||
this Act. Failure to cooperate with an investigation | ||
includes, but is not limited to, any one or more of the | ||
following: (i) creating and transmitting a false report to | ||
the Office of the Inspector General hotline, (ii) | ||
providing false information to an Office of the Inspector | ||
General Investigator during an investigation, (iii) | ||
colluding with other employees to cover up evidence, (iv) | ||
colluding with other employees to provide false | ||
information to an Office of the Inspector General | ||
investigator, (v) destroying evidence, (vi) withholding | ||
evidence, or (vii) otherwise obstructing an Office of the | ||
Inspector General investigation. Additionally, any |
employee who, during an unannounced site visit or written | ||
response compliance check, fails to cooperate with | ||
requests from the Office of the Inspector General is in | ||
violation of this Act. | ||
(j) Subpoena powers. The Inspector General shall have the | ||
power to subpoena witnesses and compel the production of all | ||
documents and physical evidence relating to his or her | ||
investigations and any hearings authorized by this Act. This | ||
subpoena power shall not extend to persons or documents of a | ||
labor organization or its representatives insofar as the | ||
persons are acting in a representative capacity to an employee | ||
whose conduct is the subject of an investigation or the | ||
documents relate to that representation. Any person who | ||
otherwise fails to respond to a subpoena or who knowingly | ||
provides false information to the Office of the Inspector | ||
General by subpoena during an investigation is guilty of a | ||
Class A misdemeanor. | ||
(k) Reporting allegations and deaths. | ||
(1) Allegations. If an employee witnesses, is told of, | ||
or has reason to believe an incident of mental abuse, | ||
physical abuse, sexual abuse, neglect, or financial | ||
exploitation has occurred, the employee, agency, or | ||
facility shall report the allegation by phone to the | ||
Office of the Inspector General hotline according to the | ||
agency's or facility's procedures, but in no event later | ||
than 4 hours after the initial discovery of the incident, |
allegation, or suspicion of any one or more of the | ||
following: mental abuse, physical abuse, sexual abuse, | ||
neglect, or financial exploitation. A required reporter as | ||
defined in subsection (b) of this Section who knowingly or | ||
intentionally fails to comply with these reporting | ||
requirements is guilty of a Class A misdemeanor. | ||
(2) Deaths. Absent an allegation, a required reporter | ||
shall, within 24 hours after initial discovery, report by | ||
phone to the Office of the Inspector General hotline each | ||
of the following: | ||
(i) Any death of an individual occurring within 14 | ||
calendar days after discharge or transfer of the | ||
individual from a residential program or facility. | ||
(ii) Any death of an individual occurring within | ||
24 hours after deflection from a residential program | ||
or facility. | ||
(iii) Any other death of an individual occurring | ||
at an agency or facility or at any Department-funded | ||
site. | ||
(3) Retaliation. It is a violation of this Act for any | ||
employee or administrator of an agency or facility to take | ||
retaliatory action against an employee who acts in good | ||
faith in conformance with his or her duties as a required | ||
reporter. | ||
(l) Reporting to law enforcement. (1) Reporting criminal | ||
acts. Within 24 hours after determining that there is credible |
evidence indicating that a criminal act may have been | ||
committed or that special expertise may be required in an | ||
investigation, the Inspector General shall notify the Illinois | ||
State Police or other appropriate law enforcement authority, | ||
or ensure that such notification is made. The Illinois State | ||
Police shall investigate any report from a State-operated | ||
facility indicating a possible murder, sexual assault, or | ||
other felony by an employee. All investigations conducted by | ||
the Inspector General shall be conducted in a manner designed | ||
to ensure the preservation of evidence for possible use in a | ||
criminal prosecution. | ||
(2) Reporting allegations of adult students with | ||
disabilities. Upon receipt of a reportable allegation | ||
regarding an adult student with a disability, the | ||
Department's Office of the Inspector General shall | ||
determine whether the allegation meets the criteria for | ||
the Domestic Abuse Program under the Abuse of Adults with | ||
Disabilities Intervention Act. If the allegation is | ||
reportable to that program, the Office of the Inspector | ||
General shall initiate an investigation. If the allegation | ||
is not reportable to the Domestic Abuse Program, the | ||
Office of the Inspector General shall make an expeditious | ||
referral to the respective law enforcement entity. If the | ||
alleged victim is already receiving services from the | ||
Department, the Office of the Inspector General shall also | ||
make a referral to the respective Department of Human |
Services' Division or Bureau. | ||
(m) Investigative reports. Upon completion of an | ||
investigation, the Office of Inspector General shall issue an | ||
investigative report identifying whether the allegations are | ||
substantiated, unsubstantiated, or unfounded. Within 10 | ||
business days after the transmittal of a completed | ||
investigative report substantiating an allegation, finding an | ||
allegation is unsubstantiated, or if a recommendation is made, | ||
the Inspector General shall provide the investigative report | ||
on the case to the Secretary and to the director of the | ||
facility or agency where any one or more of the following | ||
occurred: mental abuse, physical abuse, sexual abuse, neglect, | ||
egregious neglect, or financial exploitation. The director of | ||
the facility or agency shall be responsible for maintaining | ||
the confidentiality of the investigative report consistent | ||
with State and federal law. In a substantiated case, the | ||
investigative report shall include any mitigating or | ||
aggravating circumstances that were identified during the | ||
investigation. If the case involves substantiated neglect, the | ||
investigative report shall also state whether egregious | ||
neglect was found. An investigative report may also set forth | ||
recommendations. All investigative reports prepared by the | ||
Office of the Inspector General shall be considered | ||
confidential and shall not be released except as provided by | ||
the law of this State or as required under applicable federal | ||
law. Unsubstantiated and unfounded reports shall not be |
disclosed except as allowed under Section 6 of the Abused and | ||
Neglected Long Term Care Facility Residents Reporting Act. Raw | ||
data used to compile the investigative report shall not be | ||
subject to release unless required by law or a court order. | ||
"Raw data used to compile the investigative report" includes, | ||
but is not limited to, any one or more of the following: the | ||
initial complaint, witness statements, photographs, | ||
investigator's notes, police reports, or incident reports. If | ||
the allegations are substantiated, the victim, the victim's | ||
guardian, and the accused shall be provided with a redacted | ||
copy of the investigative report. Death reports where there | ||
was no allegation of abuse or neglect shall only be released | ||
pursuant to applicable State or federal law or a valid court | ||
order. Unredacted investigative reports, as well as raw data, | ||
may be shared with a local law enforcement entity, a State's | ||
Attorney's office, or a county coroner's office upon written | ||
request. | ||
(n) Written responses, clarification requests, and | ||
reconsideration requests. | ||
(1) Written responses. Within 30 calendar days from | ||
receipt of a substantiated investigative report or an | ||
investigative report which contains recommendations, | ||
absent a reconsideration request, the facility or agency | ||
shall file a written response that addresses, in a concise | ||
and reasoned manner, the actions taken to: (i) protect the | ||
individual; (ii) prevent recurrences; and (iii) eliminate |
the problems identified. The response shall include the | ||
implementation and completion dates of such actions. If | ||
the written response is not filed within the allotted 30 | ||
calendar day period, the Secretary shall determine the | ||
appropriate corrective action to be taken. | ||
(2) Requests for clarification. The facility, agency, | ||
victim or guardian, or the subject employee may request | ||
that the Office of Inspector General clarify the finding | ||
or findings for which clarification is sought. | ||
(3) Requests for reconsideration. The facility, | ||
agency, victim or guardian, or the subject employee may | ||
request that the Office of the Inspector General | ||
reconsider the finding or findings or the recommendations. | ||
A request for reconsideration shall be subject to a | ||
multi-layer review and shall include at least one reviewer | ||
who did not participate in the investigation or approval | ||
of the original investigative report. After the | ||
multi-layer review process has been completed, the | ||
Inspector General shall make the final determination on | ||
the reconsideration request. The investigation shall be | ||
reopened if the reconsideration determination finds that | ||
additional information is needed to complete the | ||
investigative record. | ||
(o) Disclosure of the finding by the Inspector General. | ||
The Inspector General shall disclose the finding of an | ||
investigation to the following persons: (i) the Governor, (ii) |
the Secretary, (iii) the director of the facility or agency, | ||
(iv) the alleged victims and their guardians, (v) the | ||
complainant, and (vi) the accused. This information shall | ||
include whether the allegations were deemed substantiated, | ||
unsubstantiated, or unfounded. | ||
(p) Secretary review. Upon review of the Inspector | ||
General's investigative report and any agency's or facility's | ||
written response, the Secretary shall accept or reject the | ||
written response and notify the Inspector General of that | ||
determination. The Secretary may further direct that other | ||
administrative action be taken, including, but not limited to, | ||
any one or more of the following: (i) additional site visits, | ||
(ii) training, (iii) provision of technical assistance | ||
relative to administrative needs, licensure, or certification, | ||
or (iv) the imposition of appropriate sanctions. | ||
(q) Action by facility or agency. Within 30 days of the | ||
date the Secretary approves the written response or directs | ||
that further administrative action be taken, the facility or | ||
agency shall provide an implementation report to the Inspector | ||
General that provides the status of the action taken. The | ||
facility or agency shall be allowed an additional 30 days to | ||
send notice of completion of the action or to send an updated | ||
implementation report. If the action has not been completed | ||
within the additional 30-day period, the facility or agency | ||
shall send updated implementation reports every 60 days until | ||
completion. The Inspector General shall conduct a review of |
any implementation plan that takes more than 120 days after | ||
approval to complete, and shall monitor compliance through a | ||
random review of approved written responses, which may | ||
include, but are not limited to: (i) site visits, (ii) | ||
telephone contact, and (iii) requests for additional | ||
documentation evidencing compliance. | ||
(r) Sanctions. Sanctions, if imposed by the Secretary | ||
under Subdivision (p)(iv) of this Section, shall be designed | ||
to prevent further acts of mental abuse, physical abuse, | ||
sexual abuse, neglect, egregious neglect, or financial | ||
exploitation or some combination of one or more of those acts | ||
at a facility or agency, and may include any one or more of the | ||
following: | ||
(1) Appointment of on-site monitors. | ||
(2) Transfer or relocation of an individual or | ||
individuals. | ||
(3) Closure of units. | ||
(4) Termination of any one or more of the following: | ||
(i) Department licensing, (ii) funding, or (iii) | ||
certification. | ||
The Inspector General may seek the assistance of the | ||
Illinois Attorney General or the office of any State's | ||
Attorney in implementing sanctions. | ||
(s) Health Care Worker Registry. | ||
(1) Reporting to the Registry. The Inspector General | ||
shall report to the Department of Public Health's Health |
Care Worker Registry, a public registry, the identity and | ||
finding of each employee of a facility or agency against | ||
whom there is a final investigative report containing a | ||
substantiated allegation of physical or sexual abuse, | ||
financial exploitation, or egregious neglect of an | ||
individual. | ||
(2) Notice to employee. Prior to reporting the name of | ||
an employee, the employee shall be notified of the | ||
Department's obligation to report and shall be granted an | ||
opportunity to request an administrative hearing, the sole | ||
purpose of which is to determine if the substantiated | ||
finding warrants reporting to the Registry. Notice to the | ||
employee shall contain a clear and concise statement of | ||
the grounds on which the report to the Registry is based, | ||
offer the employee an opportunity for a hearing, and | ||
identify the process for requesting such a hearing. Notice | ||
is sufficient if provided by certified mail to the | ||
employee's last known address. If the employee fails to | ||
request a hearing within 30 days from the date of the | ||
notice, the Inspector General shall report the name of the | ||
employee to the Registry. Nothing in this subdivision | ||
(s)(2) shall diminish or impair the rights of a person who | ||
is a member of a collective bargaining unit under the | ||
Illinois Public Labor Relations Act or under any other | ||
federal labor statute. | ||
(3) Registry hearings. If the employee requests an |
administrative hearing, the employee shall be granted an | ||
opportunity to appear before an administrative law judge | ||
to present reasons why the employee's name should not be | ||
reported to the Registry. The Department shall bear the | ||
burden of presenting evidence that establishes, by a | ||
preponderance of the evidence, that the substantiated | ||
finding warrants reporting to the Registry. After | ||
considering all the evidence presented, the administrative | ||
law judge shall make a recommendation to the Secretary as | ||
to whether the substantiated finding warrants reporting | ||
the name of the employee to the Registry. The Secretary | ||
shall render the final decision. The Department and the | ||
employee shall have the right to request that the | ||
administrative law judge consider a stipulated disposition | ||
of these proceedings. | ||
(4) Testimony at Registry hearings. A person who makes | ||
a report or who investigates a report under this Act shall | ||
testify fully in any judicial proceeding resulting from | ||
such a report, as to any evidence of abuse or neglect, or | ||
the cause thereof. No evidence shall be excluded by reason | ||
of any common law or statutory privilege relating to | ||
communications between the alleged perpetrator of abuse or | ||
neglect, or the individual alleged as the victim in the | ||
report, and the person making or investigating the report. | ||
Testimony at hearings is exempt from the confidentiality | ||
requirements of subsection (f) of Section 10 of the Mental |
Health and Developmental Disabilities Confidentiality Act. | ||
(5) Employee's rights to collateral action. No | ||
reporting to the Registry shall occur and no hearing shall | ||
be set or proceed if an employee notifies the Inspector | ||
General in writing, including any supporting | ||
documentation, that he or she is formally contesting an | ||
adverse employment action resulting from a substantiated | ||
finding by complaint filed with the Illinois Civil Service | ||
Commission, or which otherwise seeks to enforce the | ||
employee's rights pursuant to any applicable collective | ||
bargaining agreement. If an action taken by an employer | ||
against an employee as a result of a finding of physical | ||
abuse, sexual abuse, or egregious neglect is overturned | ||
through an action filed with the Illinois Civil Service | ||
Commission or under any applicable collective bargaining | ||
agreement and if that employee's name has already been | ||
sent to the Registry, the employee's name shall be removed | ||
from the Registry. | ||
(6) Removal from Registry. At any time after the | ||
report to the Registry, but no more than once in any | ||
12-month period, an employee may petition the Department | ||
in writing to remove his or her name from the Registry. | ||
Upon receiving notice of such request, the Inspector | ||
General shall conduct an investigation into the petition. | ||
Upon receipt of such request, an administrative hearing | ||
will be set by the Department. At the hearing, the |
employee shall bear the burden of presenting evidence that | ||
establishes, by a preponderance of the evidence, that | ||
removal of the name from the Registry is in the public | ||
interest. The parties may jointly request that the | ||
administrative law judge consider a stipulated disposition | ||
of these proceedings. | ||
(t) Review of Administrative Decisions. The Department | ||
shall preserve a record of all proceedings at any formal | ||
hearing conducted by the Department involving Health Care | ||
Worker Registry hearings. Final administrative decisions of | ||
the Department are subject to judicial review pursuant to | ||
provisions of the Administrative Review Law. | ||
(u) Quality Care Board. There is created, within the | ||
Office of the Inspector General, a Quality Care Board to be | ||
composed of 7 members appointed by the Governor with the | ||
advice and consent of the Senate. One of the members shall be | ||
designated as chairman by the Governor. Of the initial | ||
appointments made by the Governor, 4 Board members shall each | ||
be appointed for a term of 4 years and 3 members shall each be | ||
appointed for a term of 2 years. Upon the expiration of each | ||
member's term, a successor shall be appointed for a term of 4 | ||
years. In the case of a vacancy in the office of any member, | ||
the Governor shall appoint a successor for the remainder of | ||
the unexpired term. | ||
Members appointed by the Governor shall be qualified by | ||
professional knowledge or experience in the area of law, |
investigatory techniques, or in the area of care of the | ||
mentally ill or care of persons with developmental | ||
disabilities. Two members appointed by the Governor shall be | ||
persons with a disability or parents of persons with a | ||
disability. Members shall serve without compensation, but | ||
shall be reimbursed for expenses incurred in connection with | ||
the performance of their duties as members. | ||
The Board shall meet quarterly, and may hold other | ||
meetings on the call of the chairman. Four members shall | ||
constitute a quorum allowing the Board to conduct its | ||
business. The Board may adopt rules and regulations it deems | ||
necessary to govern its own procedures. | ||
The Board shall monitor and oversee the operations, | ||
policies, and procedures of the Inspector General to ensure | ||
the prompt and thorough investigation of allegations of | ||
neglect and abuse. In fulfilling these responsibilities, the | ||
Board may do the following: | ||
(1) Provide independent, expert consultation to the | ||
Inspector General on policies and protocols for | ||
investigations of alleged abuse, neglect, or both abuse | ||
and neglect. | ||
(2) Review existing regulations relating to the | ||
operation of facilities. | ||
(3) Advise the Inspector General as to the content of | ||
training activities authorized under this Section. | ||
(4) Recommend policies concerning methods for |
improving the intergovernmental relationships between the | ||
Office of the Inspector General and other State or federal | ||
offices. | ||
(v) Annual report. The Inspector General shall provide to | ||
the General Assembly and the Governor, no later than January 1 | ||
of each year, a summary of reports and investigations made | ||
under this Act for the prior fiscal year with respect to | ||
individuals receiving mental health or developmental | ||
disabilities services. The report shall detail the imposition | ||
of sanctions, if any, and the final disposition of any | ||
corrective or administrative action directed by the Secretary. | ||
The summaries shall not contain any confidential or | ||
identifying information of any individual, but shall include | ||
objective data identifying any trends in the number of | ||
reported allegations, the timeliness of the Office of the | ||
Inspector General's investigations, and their disposition, for | ||
each facility and Department-wide, for the most recent 3-year | ||
time period. The report shall also identify, by facility, the | ||
staff-to-patient ratios taking account of direct care staff | ||
only. The report shall also include detailed recommended | ||
administrative actions and matters for consideration by the | ||
General Assembly. | ||
(w) Program audit. The Auditor General shall conduct a | ||
program audit of the Office of the Inspector General on an | ||
as-needed basis, as determined by the Auditor General. The | ||
audit shall specifically include the Inspector General's |
compliance with the Act and effectiveness in investigating | ||
reports of allegations occurring in any facility or agency. | ||
The Auditor General shall conduct the program audit according | ||
to the provisions of the Illinois State Auditing Act and shall | ||
report its findings to the General Assembly no later than | ||
January 1 following the audit period.
| ||
(x) Nothing in this Section shall be construed to mean | ||
that an individual is a victim of abuse or neglect because of | ||
health care services appropriately provided or not provided by | ||
health care professionals. | ||
(y) Nothing in this Section shall require a facility, | ||
including its employees, agents, medical staff members, and | ||
health care professionals, to provide a service to an | ||
individual in contravention of that individual's stated or | ||
implied objection to the provision of that service on the | ||
ground that that service conflicts with the individual's | ||
religious beliefs or practices, nor shall the failure to | ||
provide a service to an individual be considered abuse under | ||
this Section if the individual has objected to the provision | ||
of that service based on his or her religious beliefs or | ||
practices.
| ||
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
| ||
(20 ILCS 2712/Act rep.) | ||
Section 5-15. The Broadband Access on Passenger Rail Law | ||
is repealed. |
(20 ILCS 3930/7.6 rep.) | ||
Section 5-20. The Illinois Criminal Justice Information | ||
Act is amended by repealing Section 7.6. | ||
Section 5-25. The Illinois Future of Work Act is amended | ||
by changing Section 20 as follows: | ||
(20 ILCS 4103/20) | ||
(Section scheduled to be repealed on January 1, 2024)
| ||
Sec. 20. Report; dissolution.
| ||
(a) The Illinois Future of Work Task Force shall issue a | ||
report based upon its findings in the course of performing its | ||
duties and responsibilities specified under Section 10. The | ||
report shall be written by an independent authority with | ||
subject matter expertise on the future of work.
| ||
(b) The Illinois Future of Work Task Force shall submit | ||
its final report to the Governor and the General Assembly no | ||
later than June May 1, 2022, and is dissolved upon the filing | ||
of its report.
| ||
(Source: P.A. 102-407, eff. 8-19-21.) | ||
(20 ILCS 5035/Act rep.) | ||
Section 5-30. The Illinois Human Services Commission Act | ||
is repealed.
|
(205 ILCS 405/3.2 rep.)
| ||
Section 5-35. The Currency Exchange Act is amended by | ||
repealing Section 3.2. | ||
Section 5-40. The Grain Code is amended by changing | ||
Section 30-25 as follows:
| ||
(240 ILCS 40/30-25)
| ||
Sec. 30-25. Grain Insurance Reserve Fund. Upon payment in | ||
full of all
money that has been transferred to the Fund prior | ||
to June 30, 2003 from the
General Revenue Fund as provided for | ||
under subsection (h) of Section 25-20, the
State of Illinois | ||
shall , subject to appropriation, remit $2,000,000 to the | ||
Corporation to be held in a
separate and discrete account to be | ||
used to the extent the assets in the Fund
are insufficient to | ||
satisfy claimants as payment of their claims become due as
set | ||
forth in subsection (h) of Section 25-20. The remittance of | ||
the $2,000,000
reserve shall be made to the Corporation within | ||
60 days of payment in full of
all money transferred to the Fund | ||
as set forth above in this Section
30-25. All income received | ||
by the Reserve Fund shall be deposited in the Fund
within 35 | ||
days of the end of each calendar quarter.
| ||
(Source: P.A. 93-225, eff. 7-21-03.)
| ||
Section 5-45. The Community Services Act is amended by | ||
changing Section 4 as follows:
|
(405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
| ||
Sec. 4. Financing for community services. | ||
(a) The Department of Human Services
is authorized to
| ||
provide financial reimbursement to eligible private service | ||
providers,
corporations, local government entities or | ||
voluntary associations for the
provision of services to | ||
persons with mental illness, persons with a
developmental | ||
disability, and persons with substance use disorders who are | ||
living in the
community for the purpose of achieving the goals | ||
of this Act.
| ||
The Department shall utilize the following funding | ||
mechanisms for community
services:
| ||
(1) Purchase of Care Contracts: services purchased on | ||
a predetermined fee
per unit of service basis from private | ||
providers or governmental entities. Fee
per service rates | ||
are set by an established formula which covers some | ||
portion
of personnel, supplies, and other allowable costs, | ||
and which makes some
allowance for geographic variations | ||
in costs as well as for additional program
components.
| ||
(2) Grants: sums of money which the Department grants | ||
to private providers or
governmental
entities pursuant to | ||
the grant recipient's agreement to provide certain
| ||
services, as defined by departmental grant guidelines, to | ||
an
approximate number of service
recipients. Grant levels | ||
are set through consideration of personnel, supply and
|
other allowable costs, as well as other funds available to | ||
the program.
| ||
(3) Other Funding Arrangements: funding mechanisms may | ||
be established
on a pilot basis in order to examine the | ||
feasibility of alternative financing
arrangements for the | ||
provision of community services.
| ||
The Department shall establish and maintain an equitable | ||
system of
payment
which allows providers to improve persons | ||
with disabilities'
capabilities for
independence and reduces | ||
their reliance on State-operated
services. | ||
For services classified as entitlement services under | ||
federal law or guidelines, caps may not be placed on the total | ||
amount of payment a provider may receive in a fiscal year and | ||
the Department shall not require that a portion of the | ||
payments due be made in a subsequent fiscal year based on a | ||
yearly payment cap. | ||
(b) (Blank). The Governor shall create a commission by | ||
September 1, 2009, or as soon thereafter as possible, to | ||
review funding methodologies, identify gaps in funding, | ||
identify revenue, and prioritize use of that revenue for | ||
community developmental disability services, mental health | ||
services, alcohol and substance abuse services, rehabilitation | ||
services, and early intervention services. The Office of the | ||
Governor shall provide staff support for the commission. | ||
(c) (Blank). The first meeting of the commission shall be | ||
held within the first month after the creation and appointment |
of the commission, and a final report summarizing the | ||
commission's recommendations must be issued within 12 months | ||
after the first meeting, and no later than September 1, 2010, | ||
to the Governor and the General Assembly. | ||
(d) (Blank). The commission shall have the following 13 | ||
voting members: | ||
(A) one member of the House of Representatives, | ||
appointed by the Speaker of the House of Representatives; | ||
(B) one member of the House of Representatives, | ||
appointed by the House Minority Leader; | ||
(C) one member of the Senate, appointed by the | ||
President of the Senate; | ||
(D) one member of the Senate, appointed by the Senate | ||
Minority Leader; | ||
(E) one person with a developmental disability, or a | ||
family member or guardian of such a person, appointed by | ||
the Governor; | ||
(F) one person with a mental illness, or a family | ||
member or guardian of such a person, appointed by the | ||
Governor; | ||
(G) two persons from unions that represent employees | ||
of community providers that serve people with | ||
developmental disabilities, mental illness, and alcohol | ||
and substance abuse disorders, appointed by the Governor; | ||
and | ||
(H) five persons from statewide associations that |
represent community providers that provide residential, | ||
day training, and other developmental disability services, | ||
mental health services, alcohol and substance abuse | ||
services, rehabilitation services, or early intervention | ||
services, or any combination of those, appointed by the | ||
Governor. | ||
The commission shall also have the following ex-officio, | ||
nonvoting members: | ||
(I) the Director of the Governor's Office of | ||
Management and Budget or his or her designee; | ||
(J) the Chief Financial Officer of the Department of | ||
Human Services or his or her designee; | ||
(K) the Administrator of the Department of Healthcare | ||
and Family Services Division of Finance or his or her | ||
designee; | ||
(L) the Director of the Department of Human Services | ||
Division of Developmental Disabilities or his or her | ||
designee; | ||
(M) the Director of the Department of Human Services | ||
Division of Mental Health or his or her designee;
and | ||
(N) the Director of the Department of Human Services | ||
Division of Alcoholism and Substance Abuse or his or her | ||
designee. | ||
(e) The funding methodologies must reflect economic | ||
factors inherent in providing services and supports, recognize | ||
individual disability needs, and consider geographic |
differences, transportation costs, required staffing ratios, | ||
and mandates not currently funded.
| ||
(f) In accepting Department funds, providers shall | ||
recognize
their responsibility to be
accountable to the | ||
Department and the State for the delivery of services
which | ||
are consistent
with the philosophies and goals of this Act and | ||
the rules and regulations
promulgated under it.
| ||
(Source: P.A. 100-759, eff. 1-1-19 .)
| ||
ARTICLE 10. DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY | ||
Section 10-5. The Department of Commerce and Economic | ||
Opportunity Law of the
Civil Administrative Code of Illinois | ||
is amended by changing Sections 605-300, 605-615, and 605-680 | ||
as follows:
| ||
(20 ILCS 605/605-300) (was 20 ILCS 605/46.2)
| ||
Sec. 605-300. Economic and business development plans; | ||
Illinois Business Development Council. (a) Economic | ||
development plans. The Department shall develop a strategic | ||
economic development plan for the State by July 1, 2014. By no | ||
later than July 1, 2015, and by July 1 annually thereafter, the | ||
Department shall make modifications to the plan as | ||
modifications are warranted by changes in economic conditions | ||
or by other factors, including changes in policy. In addition | ||
to the annual modification, the plan shall be reviewed and |
redeveloped in full every 5 years. In the development of the | ||
annual economic development plan, the Department shall consult | ||
with representatives of the private sector, other State | ||
agencies, academic institutions, local economic development | ||
organizations, local governments, and not-for-profit | ||
organizations. The annual economic development plan shall set | ||
specific, measurable, attainable, relevant, and time-sensitive | ||
goals and shall include a focus on areas of high unemployment | ||
or poverty. | ||
The term "economic development" shall be construed broadly | ||
by the Department and may include, but is not limited to, job | ||
creation, job retention, tax base enhancements, development of | ||
human capital, workforce productivity, critical | ||
infrastructure, regional competitiveness, social inclusion, | ||
standard of living, environmental sustainability, energy | ||
independence, quality of life, the effective use of financial | ||
incentives, the utilization of public private partnerships | ||
where appropriate, and other metrics determined by the | ||
Department. | ||
The plan shall be based on relevant economic data, focus | ||
on economic development as prescribed by this Section, and | ||
emphasize strategies to retain and create jobs. | ||
The plan shall identify and develop specific strategies | ||
for utilizing the assets of regions within the State defined | ||
as counties and municipalities or other political subdivisions | ||
in close geographical proximity that share common economic |
traits such as commuting zones, labor market areas, or other | ||
economically integrated characteristics. | ||
If the plan includes strategies that have a fiscal impact | ||
on the Department or any other agency, the plan shall include a | ||
detailed description of the estimated fiscal impact of such | ||
strategies. | ||
Prior to publishing the plan in its final form, the | ||
Department shall allow for a reasonable time for public input. | ||
The Department shall transmit copies of the economic | ||
development plan to the Governor and the General Assembly no | ||
later than July 1, 2014, and by July 1 annually thereafter. The | ||
plan and its corresponding modifications shall be published | ||
and made available to the public in both paper and electronic | ||
media, on the Department's website, and by any other method | ||
that the Department deems appropriate. | ||
The Department shall annually submit legislation to | ||
implement the strategic economic development plan or | ||
modifications to the strategic economic development plan to | ||
the Governor, the President and Minority Leader of the Senate, | ||
and the Speaker and the Minority Leader of the House of | ||
Representatives. The legislation shall be in the form of one | ||
or more substantive bills drafted by the Legislative Reference | ||
Bureau. | ||
(b) Business development plans; Illinois Business | ||
Development Council. | ||
(1) There is created the Illinois Business Development |
Council, hereinafter referred to as the Council. The | ||
Council shall consist of the Director, who shall serve as | ||
co-chairperson, and 12 voting members who shall be | ||
appointed by the Governor with the advice and consent of | ||
the Senate. | ||
(A) The voting members of the Council shall | ||
include one representative from each of the following | ||
businesses and groups: small business, coal, | ||
healthcare, large manufacturing, small or specialized | ||
manufacturing, agriculture, high technology or applied | ||
science, local economic development entities, private | ||
sector organized labor, a local or state business | ||
association or chamber of commerce. | ||
(B) There shall be 2 at-large voting members who | ||
reside within areas of high unemployment within | ||
counties or municipalities that have had an annual | ||
average unemployment rate of at least 120% of the | ||
State's annual average unemployment rate as reported | ||
by the Department of Employment Security for the 5 | ||
years preceding the date of appointment. | ||
(2) All appointments shall be made in a geographically | ||
diverse manner. | ||
(3) For the initial appointments to the Council, 6 | ||
voting members shall be appointed to serve a 2-year term | ||
and 6 voting members shall be appointed to serve a 4-year | ||
term. Thereafter, all appointments shall be for terms of 4 |
years. The initial term of voting members shall commence | ||
on the first Wednesday in February 2014. Thereafter, the | ||
terms of voting members shall commence on the first | ||
Wednesday in February, except in the case of an | ||
appointment to fill a vacancy. Vacancies occurring among | ||
the members shall be filled in the same manner as the | ||
original appointment for the remainder of the unexpired | ||
term. For a vacancy occurring when the Senate is not in | ||
session, the Governor may make a temporary appointment | ||
until the next meeting of the Senate when a person shall be | ||
nominated to fill the office, and, upon confirmation by | ||
the Senate, he or she shall hold office during the | ||
remainder of the term. A vacancy in membership does not | ||
impair the ability of a quorum to exercise all rights and | ||
perform all duties of the Council. A member is eligible | ||
for reappointment. | ||
(4) Members shall serve without compensation, but may | ||
be reimbursed for necessary expenses incurred in the | ||
performance of their duties from funds appropriated for | ||
that purpose. | ||
(5) In addition, the following shall serve as ex | ||
officio, non-voting members of the Council in order to | ||
provide specialized advice and support to the Council: the | ||
Secretary of Transportation, or his or her designee; the | ||
Director of Employment Security, or his or her designee; | ||
the Executive Director of the Illinois Finance Authority, |
or his or her designee; the Director of Agriculture, or | ||
his or her designee; the Director of Revenue, or his or her | ||
designee; the Director of Labor, or his or her designee; | ||
and the Director of the Environmental Protection Agency, | ||
or his or her designee. Ex officio members shall provide | ||
staff and technical assistance to the Council when | ||
appropriate. | ||
(6) In addition to the Director, the voting members | ||
shall elect a co-chairperson. | ||
(7) The Council shall meet at least twice annually and | ||
at such other times as the co-chairpersons or any 5 voting | ||
members consider necessary. Seven voting members shall | ||
constitute a quorum of the Council. | ||
(8) The Department shall provide staff assistance to | ||
the Council. | ||
(9) The Council shall provide the Department relevant | ||
information in a timely manner pursuant to its duties as | ||
enumerated in
this Section that can be used by the | ||
Department to enhance the State's strategic economic | ||
development plan. | ||
(10) The Council shall: | ||
(A) Develop an overall strategic business | ||
development plan for the State of Illinois and update | ||
the plan at least annually; that plan shall include, | ||
without limitation, (i) an assessment of the economic | ||
development practices of states that border Illinois |
and (ii) recommendations for best practices with | ||
respect to economic development, business incentives, | ||
business attraction, and business retention for | ||
counties in Illinois that border at least one other | ||
state. | ||
(B) Develop business marketing plans for the State | ||
of Illinois to effectively solicit new company | ||
investment and existing business expansion. Insofar as | ||
allowed under the Illinois Procurement Code, and | ||
subject to appropriations made by the General Assembly | ||
for such purposes, the Council may assist the | ||
Department in the procurement of outside vendors to | ||
carry out such marketing plans. | ||
(C) Seek input from local economic development | ||
officials to develop specific strategies to | ||
effectively link State and local business development | ||
and marketing efforts focusing on areas of high | ||
unemployment or poverty. | ||
(D) Provide the Department with advice on | ||
strategic business development
and business marketing | ||
for the State of Illinois. | ||
(E) Provide the Department research and recommend | ||
best practices for developing investment tools for | ||
business attraction and retention.
| ||
(Source: P.A. 98-397, eff. 8-16-13; 98-756, eff. 7-16-14; | ||
98-888, eff. 8-15-14.)
|
(20 ILCS 605/605-615) (was 20 ILCS 605/46.19e)
| ||
Sec. 605-615. Assistance with exports. The Department | ||
shall have the
following duties and responsibilities in regard | ||
to the Civil Administrative
Code of Illinois:
| ||
(1) To establish or cosponsor mentoring conferences, | ||
utilizing experienced
manufacturing exporters, to explain and | ||
provide information to prospective
export manufacturers and | ||
businesses concerning the process of exporting to both
| ||
domestic and international opportunities.
| ||
(2) To provide technical assistance to prospective export | ||
manufacturers and
businesses seeking to establish domestic and | ||
international export
opportunities.
| ||
(3) To coordinate with the Department's Small Business | ||
Development Centers
to link buyers with prospective export | ||
manufacturers and businesses.
| ||
(4) To promote, both domestically and abroad, products | ||
made in Illinois in
order to inform consumers and buyers of | ||
their high quality
standards and craftsmanship.
| ||
(5) To provide technical assistance toward establishment | ||
of export trade
corporations in the private sector.
| ||
(6) To develop an electronic database data base to compile | ||
information on
international trade and investment activities | ||
in Illinois companies ,
provide access to research and business | ||
opportunities through external data
bases, and connect this | ||
data base through international communication
systems with |
appropriate domestic and worldwide networks users .
| ||
(7) To collect and distribute to foreign commercial | ||
libraries directories,
catalogs, brochures, and other | ||
information of value to foreign businesses
considering doing | ||
business in this State.
| ||
(8) To establish an export finance awareness program to | ||
provide
information to banking organizations about methods | ||
used by banks to provide
financing for businesses engaged in | ||
exporting and about other State and
federal programs to | ||
promote and expedite export financing.
| ||
(9) To undertake a survey of Illinois' businesses to | ||
identify exportable
products and the businesses interested in | ||
exporting.
| ||
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; | ||
92-16, eff.
6-28-01.)
| ||
(20 ILCS 605/605-680) | ||
Sec. 605-680. Illinois goods and services website. | ||
(a) The Department, in consultation with the Department of | ||
Innovation and Technology, must establish and maintain an | ||
Internet website devoted to the marketing of Illinois goods | ||
and services by linking potential purchasers with producers of | ||
goods and services who are located in the State. | ||
(b) The Department must , subject to appropriation, | ||
advertise the website to encourage inclusion of producers on | ||
the website and to encourage the use of the website by |
potential purchasers.
| ||
(Source: P.A. 100-611, eff. 7-20-18.) | ||
(20 ILCS 605/605-1040 rep.) | ||
Section 10-10. The Department of Commerce and Economic | ||
Opportunity Law of the
Civil Administrative Code of Illinois | ||
is amended by repealing Section 605-1040. | ||
Section 10-15. The Illinois Main Street Act is amended by | ||
changing Sections 15, 20, 25, and 30 as follows: | ||
(20 ILCS 720/15)
| ||
Sec. 15. Illinois Main Street Program. The Illinois Main | ||
Street Program is created , subject to appropriation, within | ||
the Department. In order to implement the Illinois Main Street | ||
Program, the Department may shall do all of the following: | ||
(1) Provide assistance to municipalities designated as | ||
Main Street Communities, municipalities interested in | ||
becoming designated through the program, and businesses, | ||
property owners, organizations, and municipalities | ||
undertaking a comprehensive downtown or neighborhood | ||
commercial district revitalization initiative and | ||
management strategy. Assistance may include, but is not | ||
limited to, initial site evaluations and assessments, | ||
training for local programs, training for local program | ||
staff, site visits and assessments by technical |
specialists, local program design assistance and | ||
evaluation, and continued local program on-site | ||
assistance. | ||
(2) To the extent funds are made available, provide | ||
financial assistance to municipalities or local | ||
organizations to assist in initial downtown or | ||
neighborhood commercial district revitalization program | ||
specialized training, specific project feasibility | ||
studies, market studies, and design assistance. | ||
(3) Operate the Illinois Main Street Program in | ||
accordance with the plan developed by the Department. | ||
(4) Consider other factors the Department deems | ||
necessary for the implementation of this Act.
| ||
(Source: P.A. 97-573, eff. 8-25-11.) | ||
(20 ILCS 720/20)
| ||
Sec. 20. Main Street Community designation. | ||
(a) The Department may shall adopt criteria for the | ||
designation of a Main Street Community. In establishing the | ||
criteria, the Department shall consider all of the following: | ||
(1) The degree of interest and commitment to | ||
comprehensive downtown or neighborhood commercial district | ||
revitalization and, where applicable, historic | ||
preservation by both the public and private sectors. | ||
(2) The evidence of potential private sector | ||
investment in the downtown or neighborhood commercial |
district. | ||
(3) Where applicable, a downtown or neighborhood | ||
commercial district with sufficient historic fabric to | ||
become a foundation for an enhanced community image. | ||
(4) The capacity of the organization to undertake a | ||
comprehensive program and the financial commitment to | ||
implement a long-term downtown or neighborhood commercial | ||
district revitalization program that includes a commitment | ||
to employ a professional program manager. | ||
(5) The National Main Street Center's criteria for | ||
designating official main street municipalities. | ||
(6) Other factors the Department deems necessary for | ||
the designation of a local program. | ||
(b) Illinois Main Street shall designate local downtown or | ||
neighborhood commercial district revitalization programs and | ||
official local main street programs. | ||
(c) The Department must approve all local downtown or | ||
neighborhood commercial district revitalization program | ||
boundaries. The boundaries of a local downtown or neighborhood | ||
commercial district revitalization program are typically | ||
defined using the pedestrian core of a traditional commercial | ||
district.
| ||
(Source: P.A. 97-573, eff. 8-25-11.) | ||
(20 ILCS 720/25)
| ||
Sec. 25. Illinois Main Street Plan. The Department may |
shall , in consultation with the Lieutenant Governor, develop a | ||
plan for the Illinois Main Street Program. The plan shall | ||
describe: | ||
(1) the objectives and strategies of the Illinois Main | ||
Street Program; | ||
(2) how the Illinois Main Street Program will be | ||
coordinated with existing federal, state, local, and | ||
private sector business development and historic | ||
preservation efforts; | ||
(3) the means by which private investment will be | ||
solicited and employed; | ||
(4) the methods of selecting and providing assistance | ||
to participating local programs; and | ||
(5) a means to solicit private contributions for State | ||
and local operations of the Illinois Main Street Program.
| ||
(Source: P.A. 97-573, eff. 8-25-11.) | ||
(20 ILCS 720/30)
| ||
Sec. 30. Role of the Lieutenant Governor. The Lieutenant | ||
Governor shall , subject to appropriation, be the Ambassador of | ||
the Illinois Main Street Program. The Department shall , | ||
subject to appropriation, advise and consult with the | ||
Lieutenant Governor on the activities of the Illinois Main | ||
Street Program. The Lieutenant Governor, with the assistance | ||
of the Department, shall , subject to appropriation, promote | ||
and encourage the success of the Illinois Main Street Program.
|
(Source: P.A. 97-573, eff. 8-25-11.) | ||
Section 10-20. The Outdoor Recreation Resources Act is | ||
amended by changing Sections 2 and 2a as follows:
| ||
(20 ILCS 860/2) (from Ch. 105, par. 532)
| ||
Sec. 2. The Department of Natural Resources is
authorized | ||
to have prepared , with the Department of Commerce and Economic | ||
Opportunity, and to maintain and keep up to date up-to-date a | ||
comprehensive plan for
the development of the outdoor | ||
recreation resources of the State.
| ||
(Source: P.A. 94-793, eff. 5-19-06.)
| ||
(20 ILCS 860/2a) (from Ch. 105, par. 532a)
| ||
Sec. 2a. The Department of Natural Resources is authorized | ||
to have prepared
with the Department of Commerce and Economic | ||
Opportunity and to
maintain and keep up to date a | ||
comprehensive plan for the
preservation of the
historically | ||
significant properties and interests of the State.
| ||
(Source: P.A. 100-695, eff. 8-3-18; 101-81, eff. 7-12-19.)
| ||
(20 ILCS 3953/15 rep.)
| ||
(20 ILCS 3953/20 rep.) | ||
Section 10-25. The Government Buildings Energy Cost | ||
Reduction Act of 1991 is amended by repealing Sections 15 and | ||
20. |
Section 10-30. The Eliminate the Digital Divide Law is | ||
amended by changing Section 5-30 as follows:
| ||
(30 ILCS 780/5-30)
| ||
Sec. 5-30. Community Technology Center Grant Program.
| ||
(a) Subject to appropriation, the Department shall | ||
administer
the Community Technology Center Grant Program under | ||
which the
Department shall make grants in accordance with this | ||
Article
for planning, establishment, administration, and | ||
expansion
of Community Technology Centers and for assisting | ||
public hospitals,
libraries, and park districts in eliminating | ||
the digital divide. The purposes
of the grants shall include, | ||
but
not be limited to, volunteer recruitment and management, | ||
training and
instruction, infrastructure, and
related goods | ||
and services, including case management, administration, | ||
personal information management, and outcome-tracking tools | ||
and software for the purposes of reporting to the Department | ||
and for enabling participation in digital government and | ||
consumer services programs, for Community Technology Centers | ||
and public
hospitals, libraries, and park districts.
No | ||
Community Technology Center may receive a grant of more than | ||
$75,000 under
this Section in a particular fiscal year.
| ||
(b) Public hospitals, libraries, park districts, and State | ||
educational
agencies, local educational
agencies, institutions | ||
of higher education, senior citizen homes, and other public |
and
private nonprofit or for-profit agencies and organizations | ||
are eligible
to receive grants under this Program, provided | ||
that a local educational
agency or public or private | ||
educational
agency or organization must, in order to be | ||
eligible to receive grants under
this Program, provide | ||
computer access and educational services using
information | ||
technology to the public at one or more of its educational
| ||
buildings or facilities at least 12 hours each week. A group of | ||
eligible
entities is
also eligible to receive a grant if the | ||
group follows the procedures
for group applications in 34 CFR | ||
75.127-129 of the Education Department General
Administrative | ||
Regulations.
| ||
To be eligible to apply for a grant, a Community
| ||
Technology Center must serve a
community in which not less | ||
than 40%
of the
students are eligible for a free or reduced | ||
price lunch under the national
school lunch program or in | ||
which not less than 30% of the students
are eligible
for a free | ||
lunch under the national school lunch program; however, if | ||
funding
is insufficient to approve all grant applications for | ||
a particular fiscal year,
the Department may impose a higher | ||
minimum percentage threshold for that fiscal
year. | ||
Determinations of communities and determinations of the | ||
percentage of
students in a community who are eligible for a | ||
free or reduced price lunch
under the national school lunch | ||
program shall be in accordance with rules
adopted by the | ||
Department.
|
Any entities that have received a Community
Technology | ||
Center grant under the federal Community Technology Centers | ||
Program
are also eligible to apply for grants under this | ||
Program.
| ||
The Department shall
provide assistance to Community | ||
Technology Centers in making those
determinations for purposes | ||
of applying for grants.
| ||
The Department shall encourage Community Technology | ||
Centers to participate in public and private computer hardware | ||
equipment recycling initiatives that provide computers at | ||
reduced or no cost to low-income families, including programs | ||
authorized by the State Property Control Act. On an annual | ||
basis, the Department must provide the Director of Central | ||
Management Services with a list of Community Technology | ||
Centers that have applied to the Department for funding as | ||
potential recipients of surplus State-owned computer hardware | ||
equipment under programs authorized by the State Property | ||
Control Act.
| ||
(c) Grant applications shall be submitted to the | ||
Department on a schedule of one or more deadlines established | ||
by the Department by rule.
| ||
(d) The Department shall adopt rules setting forth the | ||
required form
and contents of grant applications.
| ||
(e) (Blank). There is created
the Digital Divide | ||
Elimination Advisory Committee. The advisory committee
shall | ||
consist of 7
members appointed one each by the Governor, the |
President of
the Senate, the Senate Minority Leader, the | ||
Speaker of the House, and the House
Minority Leader, and 2 | ||
appointed by the Director of Commerce and Economic | ||
Opportunity, one of whom shall be a representative of the | ||
telecommunications industry and one of whom shall represent | ||
community technology centers. The members of the advisory | ||
committee shall receive no
compensation for their services as | ||
members of the advisory committee but may be
reimbursed for | ||
their actual expenses incurred in serving on the advisory
| ||
committee. The Digital Divide Elimination Advisory Committee | ||
shall advise the
Department in establishing criteria and | ||
priorities for identifying recipients
of
grants under this | ||
Act. The advisory committee shall obtain advice from the
| ||
technology industry regarding current technological standards. | ||
The advisory
committee shall seek any available federal | ||
funding.
| ||
(f) (Blank). There is created the Digital Divide | ||
Elimination Working Group. The Working Group shall consist of | ||
the Director of Commerce and Economic Opportunity, or his or | ||
her designee, the Director of Central Management Services, or | ||
his or her designee, and the Executive Director of the | ||
Illinois Commerce Commission, or his or her designee. The | ||
Director of Commerce and Economic Opportunity, or his or her | ||
designee, shall serve as chair of the Working Group. The | ||
Working Group shall consult with the members of the Digital | ||
Divide Elimination Advisory Committee and may consult with |
various groups including, but not limited to, | ||
telecommunications providers, telecommunications-related | ||
technology producers and service providers, community | ||
technology providers, community and consumer organizations, | ||
businesses and business organizations, and federal government | ||
agencies.
| ||
(g) Duties of the Digital Divide Elimination Working Group | ||
include all of the following: | ||
(1) Undertaking a thorough review of grant programs | ||
available through the federal government, local agencies, | ||
telecommunications providers, and business and charitable | ||
entities for the purpose of identifying appropriate | ||
sources of revenues for the Digital Divide Elimination | ||
Fund and attempting to update available grants on a | ||
regular basis. | ||
(2) Researching and cataloging programs designed to | ||
advance digital literacy and computer access that are | ||
available through the federal government, local agencies, | ||
telecommunications providers, and business and charitable | ||
entities and attempting to update available programs on a | ||
regular basis. | ||
(3) Presenting the information compiled from items (1) | ||
and (2) to the Department of Commerce and Economic | ||
Opportunity, which shall serve as a single point of | ||
contact for applying for funding for the Digital Divide | ||
Elimination Fund and for distributing information to the |
public regarding all programs designed to advance digital | ||
literacy and computer access.
| ||
(Source: P.A. 94-734, eff. 4-28-06; 95-740, eff. 1-1-09.)
| ||
Section 10-35. The Illinois Groundwater Protection Act is | ||
amended by changing Section 4 as follows:
| ||
(415 ILCS 55/4) (from Ch. 111 1/2, par. 7454)
| ||
Sec. 4. Interagency Coordinating Committee on Groundwater. | ||
(a) There shall be established within State government an
| ||
interagency committee
which shall be known as the Interagency | ||
Coordinating Committee on
Groundwater. The Committee shall be | ||
composed of the Director, or his
designee, of the following | ||
agencies:
| ||
(1) The Illinois Environmental Protection Agency, who | ||
shall chair the
Committee.
| ||
(2) The Illinois Department of Natural Resources.
| ||
(3) The Illinois Department of Public Health.
| ||
(4) The Office of Mines and Minerals within
the | ||
Department of Natural Resources.
| ||
(5) The Office of the State Fire Marshal.
| ||
(6) The Division of Water Resources of the Department | ||
of
Natural Resources.
| ||
(7) The Illinois Department of Agriculture.
| ||
(8) The Illinois Emergency Management Agency.
| ||
(9) The Illinois Department of Nuclear Safety.
|
(10) The Illinois Department of Commerce and Economic | ||
Opportunity.
| ||
(b) The Committee shall meet not less than
twice each | ||
calendar year and shall:
| ||
(1) Review and coordinate the State's policy on | ||
groundwater protection.
| ||
(2) Review and evaluate State laws, regulations and | ||
procedures that
relate to groundwater protection.
| ||
(3) Review and evaluate the status of the State's | ||
efforts to improve
the quality of the groundwater and of | ||
the State enforcement efforts for
protection of the | ||
groundwater and make recommendations on improving the
| ||
State efforts to protect the groundwater.
| ||
(4) Recommend procedures for better coordination among | ||
State
groundwater programs and with local programs related | ||
to groundwater protection.
| ||
(5) Review and recommend procedures to coordinate the | ||
State's response
to specific incidents of groundwater | ||
pollution and coordinate dissemination
of information | ||
between agencies responsible for the State's response.
| ||
(6) Make recommendations for and prioritize the | ||
State's groundwater
research needs.
| ||
(7) Review, coordinate and evaluate groundwater data | ||
collection and
analysis.
| ||
(8) Beginning on January 1, 1990, report biennially to | ||
the Governor
and the General Assembly on groundwater
|
quality, quantity, and the State's enforcement efforts.
| ||
(c) The Chairman of the Committee shall propose a | ||
groundwater protection
regulatory agenda for consideration by | ||
the Committee and the Council. The
principal purpose of the | ||
agenda shall be to systematically consider the
groundwater | ||
protection aspects of relevant federal and State regulatory
| ||
programs and to identify any areas where improvements may be | ||
warranted. To
the extent feasible, the agenda may also serve | ||
to facilitate a more
uniform and coordinated approach toward | ||
protection of groundwaters in
Illinois. Upon adoption of the | ||
final agenda by the Committee, the Chairman
of the Committee | ||
shall assign a lead agency and any support agencies to
prepare | ||
a regulatory assessment report for each item on the agenda. | ||
Each
regulatory assessment report shall specify the nature of | ||
the
groundwater protection
provisions being implemented and | ||
shall evaluate the results achieved
therefrom. Special | ||
attention shall be given to any preventive measures
being | ||
utilized for protection of groundwaters. The reports shall be
| ||
completed in a timely manner. After review and consideration | ||
by the
Committee, the reports shall become the basis for | ||
recommending further
legislative or regulatory action.
| ||
(d) No later than January 1, 1992, the Interagency | ||
Coordinating
Committee on Groundwater shall provide a | ||
comprehensive status report to
the Governor and the General | ||
Assembly concerning implementation of this Act.
| ||
(e) The Committee shall consider findings and |
recommendations that are
provided by the Council, and
respond | ||
in writing regarding such matters. The Chairman of the | ||
Committee
shall designate a liaison person to serve as a | ||
facilitator of
communications with the Council.
| ||
(Source: P.A. 94-793, eff. 5-19-06.)
| ||
ARTICLE 15. SCHOOL CODE | ||
Section 15-5. The School Code is amended by changing | ||
Sections 1B-8, 1F-25, 1F-90, 2-3.146, 10-21.9, and 34-18.5 as | ||
follows:
| ||
(105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
| ||
Sec. 1B-8. There is created in the State Treasury a
| ||
special fund to be known as the School District Emergency
| ||
Financial Assistance Fund (the "Fund"). The School District | ||
Emergency
Financial Assistance Fund shall consist of | ||
appropriations, loan repayments, grants from the
federal | ||
government, and donations from any public or private source. | ||
Moneys in
the Fund
may be appropriated only to the Illinois | ||
Finance Authority and
the State Board for
those purposes | ||
authorized under this Article and Articles
1F and 1H of this | ||
Code.
The appropriation may be
allocated and expended by the | ||
State Board for contractual services to provide technical | ||
assistance or consultation to school districts to assess their | ||
financial condition and to Financial Oversight Panels that |
petition for emergency financial assistance grants. The | ||
Illinois Finance Authority may provide
loans to school | ||
districts which are the subject of an
approved petition for | ||
emergency financial assistance under
Section 1B-4 ,
1F-62, or | ||
1H-65 of this Code. Neither the State Board of Education nor | ||
the Illinois Finance Authority may collect any fees for | ||
providing these services. | ||
From the amount allocated to each such school
district | ||
under this Article the State Board shall identify a sum | ||
sufficient to
cover all approved costs of the Financial | ||
Oversight Panel
established for the respective school | ||
district. If the State Board and State
Superintendent of | ||
Education have not approved emergency financial assistance in
| ||
conjunction with the appointment of a Financial Oversight | ||
Panel, the Panel's
approved costs shall be paid from | ||
deductions from the district's general State
aid or | ||
evidence-based funding.
| ||
The Financial Oversight Panel may prepare and file
with | ||
the State Superintendent a proposal for emergency
financial | ||
assistance for the school district and for its
operations | ||
budget. No expenditures from the Fund shall be
authorized by | ||
the State Superintendent until he or she has approved
the | ||
request of the Panel, either as submitted or in such
lesser | ||
amount determined by the State Superintendent.
| ||
The maximum amount of an emergency financial assistance | ||
loan
which may be allocated to any school district under this
|
Article, including moneys necessary for the operations of
the | ||
Panel, shall not exceed $4,000 times the number of pupils
| ||
enrolled in the school district during the school year
ending | ||
June 30 prior to the date of approval by the State
Board of the | ||
petition for emergency financial assistance, as
certified to | ||
the local board and the Panel by the State
Superintendent.
An | ||
emergency financial assistance grant shall not exceed $1,000 | ||
times the
number of such pupils. A district may receive both a | ||
loan and a grant.
| ||
The payment of an emergency State financial assistance | ||
grant or loan
shall be subject to appropriation by the General | ||
Assembly. Payment of the emergency State financial assistance | ||
loan is subject to the applicable provisions of the Illinois | ||
Finance Authority Act.
Emergency State financial assistance | ||
allocated and paid to a school
district under this Article may | ||
be applied to any fund or funds from which
the local board of | ||
education of that district is authorized to make
expenditures | ||
by law.
| ||
Any emergency financial assistance grant proposed by the
| ||
Financial Oversight Panel and approved by the State
| ||
Superintendent may be paid in its entirety during the
initial | ||
year of the Panel's existence or spread in equal or
declining | ||
amounts over a period of years not to exceed the
period of the | ||
Panel's existence. An emergency financial assistance loan | ||
proposed by the Financial Oversight Panel and approved by the | ||
Illinois Finance Authority may be paid in its entirety during |
the initial year of the Panel's existence or spread in equal or | ||
declining amounts over a period of years not to exceed the | ||
period of the Panel's existence. All
loans made by the | ||
Illinois Finance Authority for a
school district shall be | ||
required to be repaid, with simple interest over
the term of | ||
the loan at a rate equal to 50% of the one-year Constant | ||
Maturity
Treasury (CMT) yield as last published by the Board | ||
of Governors of the Federal
Reserve System before the date on | ||
which the district's loan is
approved
by the Illinois Finance | ||
Authority, not later than the
date the
Financial Oversight | ||
Panel ceases to exist. The Panel shall
establish and the | ||
Illinois Finance Authority shall
approve the terms and | ||
conditions, including the schedule, of
repayments. The | ||
schedule shall provide for repayments
commencing July 1 of | ||
each year or upon each fiscal year's receipt of moneys from a | ||
tax levy for emergency financial assistance. Repayment shall | ||
be incorporated into the
annual budget of the school district | ||
and may be made from any fund or funds
of the district in which | ||
there are moneys available. An emergency financial assistance | ||
loan to the Panel or district shall not be considered part of | ||
the calculation of a district's debt for purposes of the | ||
limitation specified in Section 19-1 of this Code. Default on | ||
repayment is subject to the Illinois Grant Funds Recovery Act. | ||
When moneys are repaid
as provided herein they shall not be | ||
made available to the local board for
further use as emergency | ||
financial assistance under this Article at any
time |
thereafter. All repayments required to be made by a school | ||
district
shall be received by the State Board and deposited in | ||
the School District
Emergency Financial Assistance Fund.
| ||
In establishing the terms and conditions for the
repayment | ||
obligation of the school district the Panel shall
annually | ||
determine whether a separate local property tax levy is
| ||
required. The board of any school district with a tax rate
for | ||
educational purposes for the prior year of less than
120% of | ||
the maximum rate for educational purposes authorized
by | ||
Section 17-2 shall provide for a separate
tax levy for | ||
emergency financial assistance repayment
purposes. Such tax | ||
levy shall not be subject to referendum approval. The
amount | ||
of the levy shall be equal to the
amount necessary to meet the | ||
annual repayment obligations of
the district as established by | ||
the Panel, or 20% of the
amount levied for educational | ||
purposes for the prior year,
whichever is less. However, no | ||
district shall be
required to levy the tax if the district's | ||
operating tax
rate as determined under Section
18-8, 18-8.05, | ||
or 18-8.15 exceeds 200% of the district's tax rate for | ||
educational
purposes for the prior year.
| ||
(Source: P.A. 100-465, eff. 8-31-17.)
| ||
(105 ILCS 5/1F-25)
| ||
(This Section scheduled to be repealed in accordance with 105 | ||
ILCS 5/1F-165) | ||
Sec. 1F-25. General powers. The purposes of the Authority |
shall be
to exercise financial control over the district and | ||
to furnish financial
assistance so that the district can | ||
provide public education within the
district's jurisdiction | ||
while permitting the district to meet its obligations
to its | ||
creditors and the holders of its debt. Except as
expressly | ||
limited by this Article, the Authority shall have all powers
| ||
granted to a voluntary or involuntary Financial Oversight | ||
Panel and to
a Financial Administrator under Article 1B of | ||
this Code and all other powers
necessary to meet its | ||
responsibilities and to carry out its purposes
and the | ||
purposes of this Article, including without limitation all of | ||
the
following powers,
provided that the Authority shall have | ||
no power
to
terminate any employee without following the | ||
statutory procedures for
such terminations set forth in this | ||
Code:
| ||
(1) To sue and to be sued.
| ||
(2) To make, cancel, modify, and execute contracts, | ||
leases, subleases, and
all other
instruments or agreements | ||
necessary or convenient for the exercise of
the powers and | ||
functions granted by this Article, subject to Section | ||
1F-45 of
this Code.
The Authority may at a regular or | ||
special meeting find that the district has
insufficient or | ||
inadequate funds
with respect to any contract, other than | ||
collective bargaining agreements.
| ||
(3) To purchase real or personal property necessary or | ||
convenient
for its purposes; to execute and deliver deeds |
for real property held in
its own name; and to sell, lease, | ||
or otherwise dispose of such of
its property as, in the | ||
judgment of the Authority, is no longer
necessary for its | ||
purposes.
| ||
(4) To appoint officers, agents, and employees of the | ||
Authority,
including a chief executive officer, a chief | ||
fiscal officer, and a chief
educational officer; to define | ||
their duties and qualifications; and to
fix their | ||
compensation and employee benefits.
| ||
(5) To transfer to the district such sums of money
as | ||
are not required for other purposes.
| ||
(6) To borrow money, including without limitation | ||
accepting State loans,
and to
issue obligations pursuant | ||
to this
Article; to fund, refund, or advance refund the | ||
same; to provide for the
rights of the holders of its | ||
obligations; and to repay any advances.
| ||
(6.5) To levy all property tax levies that otherwise | ||
could be levied by
the district , and to make
levies | ||
pursuant to Section 1F-62 of this Code .
This levy or | ||
levies shall be exempt from the Truth in Taxation Law
and | ||
the Cook County Truth in Taxation Law.
| ||
(7) Subject to the provisions of any contract with or | ||
for the
benefit of the holders of its obligations, to | ||
purchase or redeem its
obligations.
| ||
(8) To procure all necessary goods and services for | ||
the Authority
in compliance with the purchasing laws and |
requirements applicable to
the district.
| ||
(9) To do any and all things necessary or convenient | ||
to carry out
its purposes and exercise the powers given to | ||
it by this
Article.
| ||
(10) To recommend annexation,
consolidation, | ||
dissolution, or reorganization of the district, in whole | ||
or in
part, to the
State Board if in the Authority's | ||
judgment the circumstances so
require. No such proposal | ||
for annexation, consolidation,
dissolution, or | ||
reorganization shall occur unless the Authority and the | ||
school
boards of all other
districts directly affected by | ||
the
annexation, consolidation, dissolution, or
| ||
reorganization
have each approved by majority vote the
| ||
annexation, consolidation, dissolution, or
| ||
reorganization.
Notwithstanding any other law to the | ||
contrary, upon approval of the proposal
by the State | ||
Board, the State Board and all other affected entities | ||
shall
forthwith implement the proposal.
When a dissolution | ||
and annexation becomes
effective for
purposes of | ||
administration and attendance,
the positions of
teachers | ||
in contractual continued service in the district
being | ||
dissolved shall be transferred to the annexing district
or | ||
districts, pursuant to the provisions of Section 24-12 of
| ||
this Code.
In the event that the territory is added to 2 or
| ||
more districts, the decision on which positions shall be
| ||
transferred to which annexing districts shall be made by
|
giving consideration to the proportionate percentage of
| ||
pupils transferred and the annexing districts' staffing
| ||
needs, and the transfer of teachers in contractual | ||
continued service
into
positions shall be based upon the | ||
request
of those teachers in contractual continued service
| ||
in order of seniority in the dissolving district.
The | ||
status of
all teachers in contractual continued service
| ||
transferred to an annexing district shall not be
lost, and | ||
the board of the annexing district is subject to
this Code | ||
with respect to teachers in contractual continued service
| ||
who are transferred in the same
manner as if the person | ||
were the annexing district's employee
and had been its | ||
employee during the time the person was
actually employed | ||
by the board of the dissolving district
from which the | ||
position was transferred.
| ||
(Source: P.A. 92-855, eff. 12-6-02 .)
| ||
(105 ILCS 5/1F-90)
| ||
(This Section scheduled to be repealed in accordance with 105 | ||
ILCS 5/1F-165) | ||
Sec. 1F-90. Tax anticipation warrants. An Authority shall | ||
have the same power to issue tax anticipation warrants as a
| ||
school board under Section 17-16 of this
Code. Tax | ||
anticipation
warrants are considered borrowing from sources | ||
other than the State
and are
subject to Section 1F-62 of this
| ||
Code .
|
(Source: P.A. 92-855, eff. 12-6-02 .)
| ||
(105 ILCS 5/2-3.146)
| ||
Sec. 2-3.146. Severely overcrowded schools grant program. | ||
There is created a grant program, subject to appropriation, | ||
for severely overcrowded schools. The State Board of Education | ||
shall administer the program. Grant funds may be used for | ||
purposes of relieving overcrowding. In order for a school | ||
district to be eligible for a grant under this Section, (i) the | ||
main administrative office of the district must be located in | ||
a city of 85,000 or more in population, according to the 2000 | ||
U.S. Census, and (ii) the school district must have a | ||
district-wide percentage of low-income students of 70% or | ||
more, as identified by the 2005-2006 School Report Cards | ||
published by the State Board of Education , and (iii) the | ||
school district must not be eligible for a fast growth grant | ||
under Section 18-8.10 of this Code . The State Board of | ||
Education shall distribute the funds on a proportional basis | ||
with no single district receiving more than 75% of the funds in | ||
any given year. The State Board of Education may adopt rules as | ||
needed for the implementation and distribution of grants under | ||
this Section.
| ||
(Source: P.A. 95-707, eff. 1-11-08.)
| ||
(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| ||
Sec. 10-21.9. Criminal history records checks and checks |
of the Statewide Sex Offender Database and Statewide Murderer | ||
and Violent Offender Against Youth Database.
| ||
(a) Licensed and nonlicensed applicants for employment | ||
with a school
district, except school bus driver applicants, | ||
are required as a condition
of employment to authorize a | ||
fingerprint-based criminal history records check to determine | ||
if such applicants have been convicted of any disqualifying, | ||
enumerated criminal or drug offenses in subsection (c) of this | ||
Section or
have been convicted, within 7 years of the | ||
application for employment with
the
school district, of any | ||
other felony under the laws of this State or of any
offense | ||
committed or attempted in any other state or against the laws | ||
of
the United States that, if committed or attempted in this | ||
State, would
have been punishable as a felony under the laws of | ||
this State.
Authorization for
the check shall be furnished by | ||
the applicant to
the school district, except that if the | ||
applicant is a substitute teacher
seeking employment in more | ||
than one school district, a teacher seeking
concurrent | ||
part-time employment positions with more than one school
| ||
district (as a reading specialist, special education teacher | ||
or otherwise),
or an educational support personnel employee | ||
seeking employment positions
with more than one district, any | ||
such district may require the applicant to
furnish | ||
authorization for
the check to the regional superintendent
of | ||
the educational service region in which are located the school | ||
districts
in which the applicant is seeking employment as a |
substitute or concurrent
part-time teacher or concurrent | ||
educational support personnel employee.
Upon receipt of this | ||
authorization, the school district or the appropriate
regional | ||
superintendent, as the case may be, shall submit the | ||
applicant's
name, sex, race, date of birth, social security | ||
number, fingerprint images, and other identifiers, as | ||
prescribed by the Illinois State Police, to the Illinois State | ||
Police. The regional
superintendent submitting the requisite | ||
information to the Illinois
State Police shall promptly notify | ||
the school districts in which the
applicant is seeking | ||
employment as a substitute or concurrent part-time
teacher or | ||
concurrent educational support personnel employee that
the
| ||
check of the applicant has been requested. The Illinois State | ||
Police and the Federal Bureau of Investigation shall furnish, | ||
pursuant to a fingerprint-based criminal history records | ||
check, records of convictions, forever and hereinafter, until | ||
expunged, to the president of the school board for the school | ||
district that requested the check, or to the regional | ||
superintendent who requested the check.
The Illinois State | ||
Police
shall charge
the school district
or the appropriate | ||
regional superintendent a fee for
conducting
such check, which | ||
fee shall be deposited in the State
Police Services Fund and | ||
shall not exceed the cost of
the inquiry; and the
applicant | ||
shall not be charged a fee for
such check by the school
| ||
district or by the regional superintendent, except that those | ||
applicants seeking employment as a substitute teacher with a |
school district may be charged a fee not to exceed the cost of | ||
the inquiry. Subject to appropriations for these purposes, the | ||
State Superintendent of Education shall reimburse school | ||
districts and regional superintendents for fees paid to obtain | ||
criminal history records checks under this Section.
| ||
(a-5) The school district or regional superintendent shall | ||
further perform a check of the Statewide Sex Offender | ||
Database, as authorized by the Sex Offender Community | ||
Notification Law, for each applicant. The check of the | ||
Statewide Sex Offender Database must be conducted by the | ||
school district or regional superintendent once for every 5 | ||
years that an applicant remains employed by the school | ||
district. | ||
(a-6) The school district or regional superintendent shall | ||
further perform a check of the Statewide Murderer and Violent | ||
Offender Against Youth Database, as authorized by the Murderer | ||
and Violent Offender Against Youth Community Notification Law, | ||
for each applicant. The check of the Murderer and Violent | ||
Offender Against Youth Database must be conducted by the | ||
school district or regional superintendent once for every 5 | ||
years that an applicant remains employed by the school | ||
district. | ||
(b)
Any information
concerning the record of convictions | ||
obtained by the president of the
school board or the regional | ||
superintendent shall be confidential and may
only be | ||
transmitted to the superintendent of the school district or |
his
designee, the appropriate regional superintendent if
the | ||
check was
requested by the school district, the presidents of | ||
the appropriate school
boards if
the check was requested from | ||
the Illinois State
Police by the regional superintendent, the | ||
State Board of Education and a school district as authorized | ||
under subsection (b-5), the State Superintendent of
Education, | ||
the State Educator Preparation and Licensure Board, any other | ||
person
necessary to the decision of hiring the applicant for | ||
employment, or for clarification purposes the Illinois State | ||
Police or Statewide Sex Offender Database, or both. A copy
of | ||
the record of convictions obtained from the Illinois State | ||
Police
shall be provided to the applicant for employment. Upon | ||
the check of the Statewide Sex Offender Database or Statewide | ||
Murderer and Violent Offender Against Youth Database, the | ||
school district or regional superintendent shall notify an | ||
applicant as to whether or not the applicant has been | ||
identified in the Database. If a check of
an applicant for | ||
employment as a substitute or concurrent part-time teacher
or | ||
concurrent educational support personnel employee in more than | ||
one
school district was requested by the regional | ||
superintendent, and the Illinois
State Police upon a check | ||
ascertains that the applicant
has not been convicted of any of | ||
the enumerated criminal or drug offenses
in subsection (c) of | ||
this Section
or has not been convicted, within 7 years of the
| ||
application for
employment with the
school district, of any | ||
other felony under the laws of this State or of any
offense |
committed or attempted in any other state or against the laws | ||
of
the United States that, if committed or attempted in this | ||
State, would
have been punishable as a felony under the laws of | ||
this State
and so notifies the regional
superintendent and if | ||
the regional superintendent upon a check ascertains that the | ||
applicant has not been identified in the Sex Offender Database | ||
or Statewide Murderer and Violent Offender Against Youth | ||
Database, then the
regional superintendent shall issue to the | ||
applicant a certificate
evidencing that as of the date | ||
specified by the Illinois State Police
the applicant has not | ||
been convicted of any of the enumerated criminal or
drug | ||
offenses in subsection (c) of this Section
or has not been
| ||
convicted, within 7 years of the application for employment | ||
with the
school district, of any other felony under the laws of | ||
this State or of any
offense committed or attempted in any | ||
other state or against the laws of
the United States that, if | ||
committed or attempted in this State, would
have been | ||
punishable as a felony under the laws of this State and | ||
evidencing that as of the date that the regional | ||
superintendent conducted a check of the Statewide Sex Offender | ||
Database or Statewide Murderer and Violent Offender Against | ||
Youth Database, the applicant has not been identified in the | ||
Database. The school
board of
any
school district
may rely on | ||
the
certificate issued by any regional superintendent to that | ||
substitute teacher, concurrent part-time teacher, or | ||
concurrent educational support personnel employee or may
|
initiate its own criminal history records check of the | ||
applicant through the Illinois
State Police and its own check | ||
of the Statewide Sex Offender Database or Statewide Murderer | ||
and Violent Offender Against Youth Database as provided in | ||
this Section. Any unauthorized release of confidential | ||
information may be a violation of Section 7 of the Criminal | ||
Identification Act.
| ||
(b-5) If a criminal history records check or check of the | ||
Statewide Sex Offender Database or Statewide Murderer and | ||
Violent Offender Against Youth Database is performed by a | ||
regional superintendent for an applicant seeking employment as | ||
a substitute teacher with a school district, the regional | ||
superintendent may disclose to the State Board of Education | ||
whether the applicant has been issued a certificate under | ||
subsection (b) based on those checks. If the State Board | ||
receives information on an applicant under this subsection, | ||
then it must indicate in the Educator Licensure Information | ||
System for a 90-day period that the applicant has been issued | ||
or has not been issued a certificate. | ||
(c) No school board shall knowingly employ a person who | ||
has been
convicted of any offense that would subject him or her | ||
to license suspension or revocation pursuant to Section 21B-80 | ||
of this Code, except as provided under subsection (b) of | ||
Section 21B-80.
Further, no school board shall knowingly | ||
employ a person who has been found
to be the perpetrator of | ||
sexual or physical abuse of any minor under 18 years
of age |
pursuant to proceedings under Article II of the Juvenile Court | ||
Act of
1987. As a condition of employment, each school board | ||
must consider the status of a person who has been issued an | ||
indicated finding of abuse or neglect of a child by the | ||
Department of Children and Family Services under the Abused | ||
and Neglected Child Reporting Act or by a child welfare agency | ||
of another jurisdiction.
| ||
(d) No school board shall knowingly employ a person for | ||
whom a criminal
history records check and a Statewide Sex | ||
Offender Database check have not been initiated.
| ||
(e) Within 10 days after a superintendent, regional office | ||
of education, or entity that provides background checks of | ||
license holders to public schools receives information of a | ||
pending criminal charge against a license holder for an | ||
offense set forth in Section 21B-80 of this Code, the | ||
superintendent, regional office of education, or entity must | ||
notify the State Superintendent of Education of the pending | ||
criminal charge. | ||
If permissible by federal or State law, no later than 15 | ||
business days after receipt of a record of conviction or of | ||
checking the Statewide Murderer and Violent Offender Against | ||
Youth Database or the Statewide Sex Offender Database and | ||
finding a registration, the superintendent of the employing | ||
school board or the applicable regional superintendent shall, | ||
in writing, notify the State Superintendent of Education of | ||
any license holder who has been convicted of a crime set forth |
in Section 21B-80 of this Code. Upon receipt of the record of a | ||
conviction of or a finding of child
abuse by a holder of any | ||
license
issued pursuant to Article 21B or Section 34-8.1 or | ||
34-83 of this the
School Code, the
State Superintendent of | ||
Education may initiate licensure suspension
and revocation | ||
proceedings as authorized by law. If the receipt of the record | ||
of conviction or finding of child abuse is received within 6 | ||
months after the initial grant of or renewal of a license, the | ||
State Superintendent of Education may rescind the license | ||
holder's license.
| ||
(e-5) The superintendent of the employing school board | ||
shall, in writing, notify the State Superintendent of | ||
Education and the applicable regional superintendent of | ||
schools of any license holder whom he or she has reasonable | ||
cause to believe has committed an intentional act of abuse or | ||
neglect with the result of making a child an abused child or a | ||
neglected child, as defined in Section 3 of the Abused and | ||
Neglected Child Reporting Act, and that act resulted in the | ||
license holder's dismissal or resignation from the school | ||
district. This notification must be submitted within 30 days | ||
after the dismissal or resignation and must include the | ||
Illinois Educator Identification Number (IEIN) of the license | ||
holder and a brief description of the misconduct alleged. The | ||
license holder must also be contemporaneously sent a copy of | ||
the notice by the superintendent. All correspondence, | ||
documentation, and other information so received by the |
regional superintendent of schools, the State Superintendent | ||
of Education, the State Board of Education, or the State | ||
Educator Preparation and Licensure Board under this subsection | ||
(e-5) is confidential and must not be disclosed to third | ||
parties, except (i) as necessary for the State Superintendent | ||
of Education or his or her designee to investigate and | ||
prosecute pursuant to Article 21B of this Code, (ii) pursuant | ||
to a court order, (iii) for disclosure to the license holder or | ||
his or her representative, or (iv) as otherwise provided in | ||
this Article and provided that any such information admitted | ||
into evidence in a hearing is exempt from this confidentiality | ||
and non-disclosure requirement. Except for an act of willful | ||
or wanton misconduct, any superintendent who provides | ||
notification as required in this subsection (e-5) shall have | ||
immunity from any liability, whether civil or criminal or that | ||
otherwise might result by reason of such action. | ||
(f) After January 1, 1990 the provisions of this Section | ||
shall apply
to all employees of persons or firms holding | ||
contracts with any school
district including, but not limited | ||
to, food service workers, school bus
drivers and other | ||
transportation employees, who have direct, daily contact
with | ||
the pupils of any school in such district. For purposes of | ||
criminal
history records checks and checks of the Statewide | ||
Sex Offender Database on employees of persons or firms holding
| ||
contracts with more than one school district and assigned to | ||
more than one
school district, the regional superintendent of |
the educational service
region in which the contracting school | ||
districts are located may, at the
request of any such school | ||
district, be responsible for receiving the
authorization for
a | ||
criminal history records check prepared by each such employee | ||
and
submitting the same to the Illinois State Police and for | ||
conducting a check of the Statewide Sex Offender Database for | ||
each employee. Any information
concerning the record of | ||
conviction and identification as a sex offender of any such | ||
employee obtained by the
regional superintendent shall be | ||
promptly reported to the president of the
appropriate school | ||
board or school boards.
| ||
(f-5) Upon request of a school or school district, any | ||
information obtained by a school district pursuant to | ||
subsection (f) of this Section within the last year must be | ||
made available to the requesting school or school district. | ||
(g) Prior to the commencement of any student teaching | ||
experience or required internship (which is referred to as | ||
student teaching in this Section) in the public schools, a | ||
student teacher is required to authorize a fingerprint-based | ||
criminal history records check. Authorization for and payment | ||
of the costs of the check must be furnished by the student | ||
teacher to the school district where the student teaching is | ||
to be completed. Upon receipt of this authorization and | ||
payment, the school district shall submit the student | ||
teacher's name, sex, race, date of birth, social security | ||
number, fingerprint images, and other identifiers, as |
prescribed by the Illinois State Police, to the Illinois State | ||
Police. The Illinois State Police and the Federal Bureau of | ||
Investigation shall furnish, pursuant to a fingerprint-based | ||
criminal history records check, records of convictions, | ||
forever and hereinafter, until expunged, to the president of | ||
the school board for the school district that requested the | ||
check. The Illinois State Police shall charge the school | ||
district a fee for conducting the check, which fee must not | ||
exceed the cost of the inquiry and must be deposited into the | ||
State Police Services Fund. The school district shall further | ||
perform a check of the Statewide Sex Offender Database, as | ||
authorized by the Sex Offender Community Notification Law, and | ||
of the Statewide Murderer and Violent Offender Against Youth | ||
Database, as authorized by the Murderer and Violent Offender | ||
Against Youth Registration Act, for each student teacher. No | ||
school board may knowingly allow a person to student teach for | ||
whom a criminal history records check, a Statewide Sex | ||
Offender Database check, and a Statewide Murderer and Violent | ||
Offender Against Youth Database check have not been completed | ||
and reviewed by the district. | ||
A copy of the record of convictions obtained from the | ||
Illinois State Police must be provided to the student teacher. | ||
Any information concerning the record of convictions obtained | ||
by the president of the school board is confidential and may | ||
only be transmitted to the superintendent of the school | ||
district or his or her designee, the State Superintendent of |
Education, the State Educator Preparation and Licensure Board, | ||
or, for clarification purposes, the Illinois State Police or | ||
the Statewide Sex Offender Database or Statewide Murderer and | ||
Violent Offender Against Youth Database. Any unauthorized | ||
release of confidential information may be a violation of | ||
Section 7 of the Criminal Identification Act. | ||
No school board shall knowingly allow a person to student | ||
teach who has been convicted of any offense that would subject | ||
him or her to license suspension or revocation pursuant to | ||
subsection (c) of Section 21B-80 of this Code, except as | ||
provided under subsection (b) of Section 21B-80. Further, no | ||
school board shall allow a person to student teach if he or she | ||
has been found to be the perpetrator of sexual or physical | ||
abuse of a minor under 18 years of age pursuant to proceedings | ||
under Article II of the Juvenile Court Act of 1987. Each school | ||
board must consider the status of a person to student teach who | ||
has been issued an indicated finding of abuse or neglect of a | ||
child by the Department of Children and Family Services under | ||
the Abused and Neglected Child Reporting Act or by a child | ||
welfare agency of another jurisdiction. | ||
(h) (Blank). | ||
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||
101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. | ||
1-1-22; revised 10-6-21.)
| ||
(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) |
Sec. 34-18.5. Criminal history records checks and checks | ||
of the Statewide Sex Offender Database and Statewide Murderer | ||
and Violent Offender Against Youth Database. | ||
(a) Licensed and nonlicensed applicants for
employment | ||
with the school district are required as a condition of
| ||
employment to authorize a fingerprint-based criminal history | ||
records check to determine if such applicants
have been | ||
convicted of any disqualifying, enumerated criminal or drug | ||
offense in
subsection (c) of this Section or have been
| ||
convicted, within 7 years of the application for employment | ||
with the
school district, of any other felony under the laws of | ||
this State or of any
offense committed or attempted in any | ||
other state or against the laws of
the United States that, if | ||
committed or attempted in this State, would
have been | ||
punishable as a felony under the laws of this State. | ||
Authorization
for
the
check shall
be furnished by the | ||
applicant to the school district, except that if the
applicant | ||
is a substitute teacher seeking employment in more than one
| ||
school district, or a teacher seeking concurrent part-time | ||
employment
positions with more than one school district (as a | ||
reading specialist,
special education teacher or otherwise), | ||
or an educational support
personnel employee seeking | ||
employment positions with more than one
district, any such | ||
district may require the applicant to furnish
authorization | ||
for
the check to the regional superintendent of the
| ||
educational service region in which are located the school |
districts in
which the applicant is seeking employment as a | ||
substitute or concurrent
part-time teacher or concurrent | ||
educational support personnel employee.
Upon receipt of this | ||
authorization, the school district or the appropriate
regional | ||
superintendent, as the case may be, shall submit the | ||
applicant's
name, sex, race, date of birth, social security | ||
number, fingerprint images, and other identifiers, as | ||
prescribed by the Illinois State Police, to the Illinois State | ||
Police. The regional
superintendent submitting the requisite | ||
information to the Illinois
State Police shall promptly notify | ||
the school districts in which the
applicant is seeking | ||
employment as a substitute or concurrent part-time
teacher or | ||
concurrent educational support personnel employee that
the
| ||
check of the applicant has been requested. The Illinois State
| ||
Police and the Federal Bureau of Investigation shall furnish, | ||
pursuant to a fingerprint-based criminal history records | ||
check, records of convictions, forever and hereinafter, until | ||
expunged, to the president of the school board for the school | ||
district that requested the check, or to the regional | ||
superintendent who requested the check. The Illinois State | ||
Police
shall charge
the school district
or the appropriate | ||
regional superintendent a fee for
conducting
such check, which | ||
fee shall be deposited in the State
Police Services Fund and | ||
shall not exceed the cost of the inquiry; and the
applicant | ||
shall not be charged a fee for
such check by the school
| ||
district or by the regional superintendent. Subject to |
appropriations for these purposes, the State Superintendent of | ||
Education shall reimburse the school district and regional | ||
superintendent for fees paid to obtain criminal history | ||
records checks under this Section. | ||
(a-5) The school district or regional superintendent shall | ||
further perform a check of the Statewide Sex Offender | ||
Database, as authorized by the Sex Offender Community | ||
Notification Law, for each applicant. The check of the | ||
Statewide Sex Offender Database must be conducted by the | ||
school district or regional superintendent once for every 5 | ||
years that an applicant remains employed by the school | ||
district. | ||
(a-6) The school district or regional superintendent shall | ||
further perform a check of the Statewide Murderer and Violent | ||
Offender Against Youth Database, as authorized by the Murderer | ||
and Violent Offender Against Youth Community Notification Law, | ||
for each applicant. The check of the Murderer and Violent | ||
Offender Against Youth Database must be conducted by the | ||
school district or regional superintendent once for every 5 | ||
years that an applicant remains employed by the school | ||
district. | ||
(b) Any
information concerning the record of convictions | ||
obtained by the president
of the board of education or the | ||
regional superintendent shall be
confidential and may only be | ||
transmitted to the general superintendent of
the school | ||
district or his designee, the appropriate regional
|
superintendent if
the check was requested by the board of | ||
education
for the school district, the presidents of the | ||
appropriate board of
education or school boards if
the check | ||
was requested from the Illinois
State Police by the regional | ||
superintendent, the State Board of Education and the school | ||
district as authorized under subsection (b-5), the State
| ||
Superintendent of Education, the State Educator Preparation | ||
and Licensure Board or any
other person necessary to the | ||
decision of hiring the applicant for
employment. A copy of the | ||
record of convictions obtained from the Illinois
State Police | ||
shall be provided to the applicant for
employment. Upon the | ||
check of the Statewide Sex Offender Database or Statewide | ||
Murderer and Violent Offender Against Youth Database, the | ||
school district or regional superintendent shall notify an | ||
applicant as to whether or not the applicant has been | ||
identified in the Database. If a check of an applicant for | ||
employment as a
substitute or concurrent part-time teacher or | ||
concurrent educational
support personnel employee in more than | ||
one school district was requested
by the regional | ||
superintendent, and the Illinois State Police upon
a check | ||
ascertains that the applicant has not been convicted of any
of | ||
the enumerated criminal or drug offenses in subsection (c) of | ||
this Section
or has not been
convicted,
within 7 years of the | ||
application for employment with the
school district, of any | ||
other felony under the laws of this State or of any
offense | ||
committed or attempted in any other state or against the laws |
of
the United States that, if committed or attempted in this | ||
State, would
have been punishable as a felony under the laws of | ||
this State and so
notifies the regional superintendent and if | ||
the regional superintendent upon a check ascertains that the | ||
applicant has not been identified in the Sex Offender Database | ||
or Statewide Murderer and Violent Offender Against Youth | ||
Database, then the regional superintendent
shall issue to the | ||
applicant a certificate evidencing that as of the date
| ||
specified by the Illinois State Police the applicant has not | ||
been
convicted of any of the enumerated criminal or drug | ||
offenses in subsection
(c) of this Section
or has not been
| ||
convicted, within 7 years of the application for employment | ||
with the
school district, of any other felony under the laws of | ||
this State or of any
offense committed or attempted in any | ||
other state or against the laws of
the United States that, if | ||
committed or attempted in this State, would
have been | ||
punishable as a felony under the laws of this State and | ||
evidencing that as of the date that the regional | ||
superintendent conducted a check of the Statewide Sex Offender | ||
Database or Statewide Murderer and Violent Offender Against | ||
Youth Database, the applicant has not been identified in the | ||
Database. The school
board of any school district may rely on | ||
the certificate issued by any regional
superintendent to that | ||
substitute teacher, concurrent part-time teacher, or | ||
concurrent educational support personnel employee
or may | ||
initiate its own criminal history records check of
the |
applicant through the Illinois State Police and its own check | ||
of the Statewide Sex Offender Database or Statewide Murderer | ||
and Violent Offender Against Youth Database as provided in
| ||
this Section. Any unauthorized release of confidential | ||
information may be a violation of Section 7 of the Criminal | ||
Identification Act. | ||
(b-5) If a criminal history records check or check of the | ||
Statewide Sex Offender Database or Statewide Murderer and | ||
Violent Offender Against Youth Database is performed by a | ||
regional superintendent for an applicant seeking employment as | ||
a substitute teacher with the school district, the regional | ||
superintendent may disclose to the State Board of Education | ||
whether the applicant has been issued a certificate under | ||
subsection (b) based on those checks. If the State Board | ||
receives information on an applicant under this subsection, | ||
then it must indicate in the Educator Licensure Information | ||
System for a 90-day period that the applicant has been issued | ||
or has not been issued a certificate. | ||
(c) The board of education shall not knowingly employ a | ||
person who has
been convicted of any offense that would | ||
subject him or her to license suspension or revocation | ||
pursuant to Section 21B-80 of this Code, except as provided | ||
under subsection (b) of 21B-80.
Further, the board of | ||
education shall not knowingly employ a person who has
been | ||
found to be the perpetrator of sexual or physical abuse of any | ||
minor under
18 years of age pursuant to proceedings under |
Article II of the Juvenile Court
Act of 1987. As a condition of | ||
employment, the board of education must consider the status of | ||
a person who has been issued an indicated finding of abuse or | ||
neglect of a child by the Department of Children and Family | ||
Services under the Abused and Neglected Child Reporting Act or | ||
by a child welfare agency of another jurisdiction. | ||
(d) The board of education shall not knowingly employ a | ||
person for whom
a criminal history records check and a | ||
Statewide Sex Offender Database check have not been initiated. | ||
(e) Within 10 days after the general superintendent of | ||
schools, a regional office of education, or an entity that | ||
provides background checks of license holders to public | ||
schools receives information of a pending criminal charge | ||
against a license holder for an offense set forth in Section | ||
21B-80 of this Code, the superintendent, regional office of | ||
education, or entity must notify the State Superintendent of | ||
Education of the pending criminal charge. | ||
No later than 15 business days after receipt of a record of | ||
conviction or of checking the Statewide Murderer and Violent | ||
Offender Against Youth Database or the Statewide Sex Offender | ||
Database and finding a registration, the general | ||
superintendent of schools or the applicable regional | ||
superintendent shall, in writing, notify the State | ||
Superintendent of Education of any license holder who has been | ||
convicted of a crime set forth in Section 21B-80 of this Code. | ||
Upon receipt of the record of a conviction of or a finding of |
child
abuse by a holder of any license
issued pursuant to | ||
Article 21B or Section 34-8.1 or 34-83 of this Code, the State | ||
Superintendent of
Education may initiate licensure suspension | ||
and revocation
proceedings as authorized by law. If the | ||
receipt of the record of conviction or finding of child abuse | ||
is received within 6 months after the initial grant of or | ||
renewal of a license, the State Superintendent of Education | ||
may rescind the license holder's license. | ||
(e-5) The general superintendent of schools shall, in | ||
writing, notify the State Superintendent of Education of any | ||
license holder whom he or she has reasonable cause to believe | ||
has committed an intentional act of abuse or neglect with the | ||
result of making a child an abused child or a neglected child, | ||
as defined in Section 3 of the Abused and Neglected Child | ||
Reporting Act, and that act resulted in the license holder's | ||
dismissal or resignation from the school district and must | ||
include the Illinois Educator Identification Number (IEIN) of | ||
the license holder and a brief description of the misconduct | ||
alleged. This notification must be submitted within 30 days | ||
after the dismissal or resignation. The license holder must | ||
also be contemporaneously sent a copy of the notice by the | ||
superintendent. All correspondence, documentation, and other | ||
information so received by the State Superintendent of | ||
Education, the State Board of Education, or the State Educator | ||
Preparation and Licensure Board under this subsection (e-5) is | ||
confidential and must not be disclosed to third parties, |
except (i) as necessary for the State Superintendent of | ||
Education or his or her designee to investigate and prosecute | ||
pursuant to Article 21B of this Code, (ii) pursuant to a court | ||
order, (iii) for disclosure to the license holder or his or her | ||
representative, or (iv) as otherwise provided in this Article | ||
and provided that any such information admitted into evidence | ||
in a hearing is exempt from this confidentiality and | ||
non-disclosure requirement. Except for an act of willful or | ||
wanton misconduct, any superintendent who provides | ||
notification as required in this subsection (e-5) shall have | ||
immunity from any liability, whether civil or criminal or that | ||
otherwise might result by reason of such action. | ||
(f) After March 19, 1990, the provisions of this Section | ||
shall apply to
all employees of persons or firms holding | ||
contracts with any school district
including, but not limited | ||
to, food service workers, school bus drivers and
other | ||
transportation employees, who have direct, daily contact with | ||
the
pupils of any school in such district. For purposes of | ||
criminal history records checks and checks of the Statewide | ||
Sex Offender Database on employees of persons or firms holding | ||
contracts with more
than one school district and assigned to | ||
more than one school district, the
regional superintendent of | ||
the educational service region in which the
contracting school | ||
districts are located may, at the request of any such
school | ||
district, be responsible for receiving the authorization for
a | ||
criminal history records check prepared by each such employee |
and submitting the same to the Illinois
State Police and for | ||
conducting a check of the Statewide Sex Offender Database for | ||
each employee. Any information concerning the record of
| ||
conviction and identification as a sex offender of any such | ||
employee obtained by the regional superintendent
shall be | ||
promptly reported to the president of the appropriate school | ||
board
or school boards. | ||
(f-5) Upon request of a school or school district, any | ||
information obtained by the school district pursuant to | ||
subsection (f) of this Section within the last year must be | ||
made available to the requesting school or school district. | ||
(g) Prior to the commencement of any student teaching | ||
experience or required internship (which is referred to as | ||
student teaching in this Section) in the public schools, a | ||
student teacher is required to authorize a fingerprint-based | ||
criminal history records check. Authorization for and payment | ||
of the costs of the check must be furnished by the student | ||
teacher to the school district. Upon receipt of this | ||
authorization and payment, the school district shall submit | ||
the student teacher's name, sex, race, date of birth, social | ||
security number, fingerprint images, and other identifiers, as | ||
prescribed by the Illinois State Police, to the Illinois State | ||
Police. The Illinois State Police and the Federal Bureau of | ||
Investigation shall furnish, pursuant to a fingerprint-based | ||
criminal history records check, records of convictions, | ||
forever and hereinafter, until expunged, to the president of |
the board. The Illinois State Police shall charge the school | ||
district a fee for conducting the check, which fee must not | ||
exceed the cost of the inquiry and must be deposited into the | ||
State Police Services Fund. The school district shall further | ||
perform a check of the Statewide Sex Offender Database, as | ||
authorized by the Sex Offender Community Notification Law, and | ||
of the Statewide Murderer and Violent Offender Against Youth | ||
Database, as authorized by the Murderer and Violent Offender | ||
Against Youth Registration Act, for each student teacher. The | ||
board may not knowingly allow a person to student teach for | ||
whom a criminal history records check, a Statewide Sex | ||
Offender Database check, and a Statewide Murderer and Violent | ||
Offender Against Youth Database check have not been completed | ||
and reviewed by the district. | ||
A copy of the record of convictions obtained from the | ||
Illinois State Police must be provided to the student teacher. | ||
Any information concerning the record of convictions obtained | ||
by the president of the board is confidential and may only be | ||
transmitted to the general superintendent of schools or his or | ||
her designee, the State Superintendent of Education, the State | ||
Educator Preparation and Licensure Board, or, for | ||
clarification purposes, the Illinois State Police or the | ||
Statewide Sex Offender Database or Statewide Murderer and | ||
Violent Offender Against Youth Database. Any unauthorized | ||
release of confidential information may be a violation of | ||
Section 7 of the Criminal Identification Act. |
The board may not knowingly allow a person to student | ||
teach who has been convicted of any offense that would subject | ||
him or her to license suspension or revocation pursuant to | ||
subsection (c) of Section 21B-80 of this Code, except as | ||
provided under subsection (b) of Section 21B-80. Further, the | ||
board may not allow a person to student teach if he or she has | ||
been found to be the perpetrator of sexual or physical abuse of | ||
a minor under 18 years of age pursuant to proceedings under | ||
Article II of the Juvenile Court Act of 1987. The board must | ||
consider the status of a person to student teach who has been | ||
issued an indicated finding of abuse or neglect of a child by | ||
the Department of Children and Family Services under the | ||
Abused and Neglected Child Reporting Act or by a child welfare | ||
agency of another jurisdiction. | ||
(h) (Blank). | ||
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||
101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. | ||
1-1-22; revised 10-18-21.) | ||
(105 ILCS 5/1F-62 rep.) | ||
(105 ILCS 5/2-3.33a rep.) | ||
(105 ILCS 5/2-3.128 rep.) | ||
(105 ILCS 5/18-8.10 rep.) | ||
(105 ILCS 5/21-5e rep.) | ||
(105 ILCS 5/34-83 rep.) | ||
Section 15-10. The School Code is amended by repealing |
Sections 1F-62, 2-3.33a, 2-3.128, 18-8.10, 21-5e, and 34-83. | ||
Section 15-15. The Illinois Educational Labor Relations | ||
Act is amended by changing Section 2 as follows:
| ||
(115 ILCS 5/2) (from Ch. 48, par. 1702)
| ||
Sec. 2. Definitions. As used in this Act:
| ||
(a) "Educational employer"
or "employer" means the | ||
governing body of a public school district, including the | ||
governing body of a charter school established under Article | ||
27A of the School Code or of a contract school or contract | ||
turnaround school established under paragraph 30 of Section | ||
34-18 of the School Code, combination
of public school | ||
districts, including the governing body of joint agreements
of | ||
any type formed by 2 or more school districts, public | ||
community college
district or State college or university, a | ||
subcontractor of instructional services of a school district | ||
(other than a school district organized under Article 34 of | ||
the School Code), combination of school districts, charter | ||
school established under Article 27A of the School Code, or | ||
contract school or contract turnaround school established | ||
under paragraph 30 of Section 34-18 of the School Code, an | ||
Independent Authority created under Section 2-3.25f-5 of the | ||
School Code, and any State agency whose major
function is | ||
providing educational services.
"Educational employer" or | ||
"employer" does not include (1) a Financial Oversight
Panel |
created pursuant to Section 1A-8 of the School Code due to a
| ||
district
violating a financial plan or (2) an approved | ||
nonpublic special education facility that contracts with a | ||
school district or combination of school districts to provide | ||
special education services pursuant to Section 14-7.02 of the | ||
School Code, but does include a School Finance Authority
| ||
created
under Article 1E or 1F of the School Code and a | ||
Financial Oversight Panel created under Article 1B or 1H of | ||
the School Code. The change made by this amendatory Act of the | ||
96th General Assembly to this paragraph (a) to make clear that | ||
the governing body of a charter school is an "educational | ||
employer" is declaratory of existing law.
| ||
(b) "Educational employee" or "employee" means any | ||
individual, excluding
supervisors, managerial, confidential, | ||
short term employees, student, and
part-time academic | ||
employees of community colleges employed full or part
time by | ||
an educational employer, but shall not include elected | ||
officials
and appointees of the Governor with the advice and | ||
consent of the Senate,
firefighters as defined by subsection | ||
(g-1) of Section 3 of the Illinois
Public Labor Relations Act, | ||
and peace officers employed by a State
university. For the | ||
purposes of this Act, part-time
academic employees of | ||
community colleges shall be defined as those
employees who | ||
provide less than 3 credit hours of instruction per
academic
| ||
semester. In this subsection (b), the term "student" does not | ||
include
graduate students who are research assistants |
primarily
performing duties that involve research, graduate | ||
assistants primarily
performing duties that are | ||
pre-professional, graduate
students who are teaching | ||
assistants primarily performing duties that
involve the | ||
delivery and support of instruction, or any other graduate
| ||
assistants.
| ||
(c) "Employee organization" or "labor organization" means | ||
an organization
of any kind in which membership includes | ||
educational employees, and which
exists for the purpose, in | ||
whole or in part, of dealing with employers
concerning | ||
grievances, employee-employer disputes, wages, rates of pay,
| ||
hours of employment, or conditions of work, but shall not | ||
include any
organization which practices discrimination in | ||
membership because of race,
color, creed, age, gender, | ||
national origin or political affiliation.
| ||
(d) "Exclusive representative" means the labor | ||
organization which has
been designated by the Illinois | ||
Educational Labor Relations Board as the
representative of the | ||
majority of educational employees in an appropriate
unit, or | ||
recognized by an educational employer prior to January 1, 1984 | ||
as
the exclusive representative of the employees in an | ||
appropriate unit or,
after January 1, 1984, recognized by an | ||
employer upon evidence that the
employee organization has been | ||
designated as the exclusive representative
by a majority of | ||
the employees in an appropriate unit.
| ||
(e) "Board" means the Illinois Educational Labor Relations |
Board.
| ||
(f) "Regional Superintendent" means the regional | ||
superintendent of
schools provided for in Articles 3 and 3A of | ||
The School Code.
| ||
(g) "Supervisor" means any individual having authority in | ||
the interests
of the employer to hire, transfer, suspend, lay | ||
off, recall, promote,
discharge, reward or discipline other | ||
employees within the appropriate
bargaining unit and adjust | ||
their grievances, or to effectively recommend
such action if | ||
the exercise of such authority is not of a merely routine or
| ||
clerical nature but requires the use of independent judgment. | ||
The term
"supervisor" includes only those individuals who | ||
devote a preponderance of
their employment time to such | ||
exercising authority.
| ||
(h) "Unfair labor practice" or "unfair practice" means any | ||
practice
prohibited by Section 14 of this Act.
| ||
(i) "Person" includes an individual, educational employee, | ||
educational
employer, legal representative, or employee | ||
organization.
| ||
(j) "Wages" means salaries or other forms of compensation | ||
for services
rendered.
| ||
(k) "Professional employee" means, in the case of a public | ||
community
college, State college or university, State agency | ||
whose major function is
providing educational services, the | ||
Illinois School for the Deaf, and the
Illinois School for the | ||
Visually Impaired, (1) any employee engaged in work
(i) |
predominantly intellectual and varied in character as opposed | ||
to
routine mental, manual, mechanical, or physical work; (ii) | ||
involving the
consistent exercise of discretion and judgment | ||
in its performance; (iii) of
such character that the output | ||
produced or the result accomplished cannot
be standardized in | ||
relation to a given period of time; and (iv) requiring
| ||
knowledge of an advanced type in a field of science or learning | ||
customarily
acquired by a prolonged course of specialized | ||
intellectual instruction and
study in an institution of higher | ||
learning or a hospital, as distinguished
from a general | ||
academic education or from an apprenticeship or from training
| ||
in the performance of routine mental, manual, or physical | ||
processes; or
(2) any employee, who (i) has completed the | ||
courses of specialized
intellectual instruction and study | ||
described in clause (iv) of paragraph
(1) of this subsection, | ||
and (ii) is performing related work under the
supervision of a | ||
professional person to qualify himself or herself to
become a | ||
professional as defined in paragraph (l).
| ||
(l) "Professional employee" means, in the case of any | ||
public school
district, or combination of school districts | ||
pursuant to joint agreement,
any employee who has a | ||
certificate issued under Article 21 or Section 34-83
of the | ||
School Code , as now or hereafter amended .
| ||
(m) "Unit" or "bargaining unit" means any group of | ||
employees for which
an exclusive representative is selected.
| ||
(n) "Confidential employee" means an employee, who (i) in |
the regular
course of his or her duties, assists and acts in a | ||
confidential capacity to
persons who formulate, determine and | ||
effectuate management policies with
regard to labor relations | ||
or who (ii) in the regular course of his or her
duties has | ||
access to information relating to the effectuation or review | ||
of
the employer's collective bargaining policies.
| ||
(o) "Managerial employee" means an individual who is | ||
engaged
predominantly in executive and management functions | ||
and is charged with the
responsibility of directing the | ||
effectuation of such management policies and
practices.
| ||
(p) "Craft employee" means a skilled journeyman, craft | ||
person, and his
or her apprentice or helper.
| ||
(q) "Short-term employee" is an employee who is employed | ||
for less than
2 consecutive calendar quarters during a | ||
calendar year and who does not
have a reasonable expectation | ||
that he or she will be rehired by the same
employer for the | ||
same service in a subsequent calendar year. Nothing in
this | ||
subsection shall affect the employee status of individuals who | ||
were
covered by a collective bargaining agreement on the | ||
effective date of this
amendatory Act of 1991.
| ||
(Source: P.A. 101-380, eff. 1-1-20 .)
| ||
ARTICLE 20. FINANCE-VARIOUS | ||
Section 20-5. The State Employees Group Insurance Act of | ||
1971 is amended by changing Section 11 as follows:
|
(5 ILCS 375/11) (from Ch. 127, par. 531)
| ||
Sec. 11. The amount of contribution in any fiscal year | ||
from funds other than
the General Revenue Fund or the Road Fund | ||
shall be at the same contribution
rate as the General Revenue | ||
Fund or the Road Fund , except that in State Fiscal Year 2009 no | ||
contributions shall be required from the FY09 Budget Relief | ||
Fund . Contributions and payments
for life insurance shall be | ||
deposited in the Group Insurance Premium Fund.
Contributions | ||
and payments for health coverages and other benefits shall be
| ||
deposited in the Health Insurance Reserve Fund. Federal funds | ||
which are
available for cooperative extension purposes shall | ||
also be charged for the
contributions which are made for | ||
retired employees formerly employed in the
Cooperative | ||
Extension Service. In the case of departments or any division
| ||
thereof receiving a fraction of its requirements for | ||
administration from the
Federal Government, the contributions | ||
hereunder shall be such fraction of the
amount determined | ||
under the provisions hereof and the
remainder shall be | ||
contributed by the State.
| ||
Every department which has members paid from funds other | ||
than the General
Revenue Fund , or other than the FY09 Budget | ||
Relief Fund in State Fiscal Year 2009, shall cooperate with | ||
the Department of Central Management Services
and the
| ||
Governor's Office of Management and Budget in order to assure | ||
that the specified
proportion of the State's cost for group |
life insurance, the program of health
benefits and other | ||
employee benefits is paid by such funds; except that
| ||
contributions under this Act need not be paid from any other
| ||
fund where both the Director of Central Management Services | ||
and the Director of
the
Governor's Office of Management and | ||
Budget have designated in writing that the necessary
| ||
contributions are included in the General Revenue Fund | ||
contribution amount.
| ||
Universities having employees who are totally
compensated | ||
out of the following funds:
| ||
(1) Income Funds;
| ||
(2) Local auxiliary funds; and
| ||
(3) the Agricultural Premium Fund
| ||
shall not be required to submit such contribution for such | ||
employees.
| ||
For each person covered under this Act whose eligibility | ||
for such
coverage is based upon the person's status as the | ||
recipient of a benefit
under the Illinois Pension Code, which | ||
benefit is based in whole or in part
upon service with the Toll | ||
Highway Authority, the Authority shall annually
contribute a | ||
pro rata share of the State's cost for the benefits of that
| ||
person.
| ||
(Source: P.A. 94-793, eff. 5-19-06; 95-1000, eff. 10-7-08 .)
| ||
Section 20-10. The Department of Transportation Law of the
| ||
Civil Administrative Code of Illinois is amended by changing |
Section 2705-255 as follows:
| ||
(20 ILCS 2705/2705-255) (was 20 ILCS 2705/49.14)
| ||
Sec. 2705-255. Appropriations from Build Illinois Bond | ||
Fund and Build
Illinois Purposes Fund . Any expenditure of | ||
funds by the Department
for interchanges, for access roads to | ||
and from any State or
local highway in Illinois, or for other | ||
transportation capital improvements
related to an economic | ||
development project pursuant to appropriations to
the | ||
Department from the Build Illinois Bond Fund and the Build | ||
Illinois
Purposes Fund shall be used for funding improvements | ||
related to existing or
planned scientific, research, | ||
manufacturing, or industrial
development or expansion in | ||
Illinois. In addition, the Department may use
those funds to | ||
encourage and maximize public and private
participation in
| ||
those improvements. The Department shall consult with the
| ||
Department of
Commerce and Economic Opportunity prior to | ||
expending any funds for those purposes
pursuant to | ||
appropriations from the Build Illinois Bond Fund and the Build
| ||
Illinois Purposes Fund .
| ||
(Source: P.A. 94-793, eff. 5-19-06.)
| ||
Section 20-15. The Illinois Motor Vehicle Theft Prevention | ||
and Insurance Verification Act is amended by changing Section | ||
8.6 as follows: |
(20 ILCS 4005/8.6) | ||
Sec. 8.6. State Police Training and Academy Fund; Law | ||
Enforcement Training Fund. Before April 1 of each year, each | ||
insurer engaged in writing private passenger motor vehicle | ||
insurance coverage that is included in Class 2 and Class 3 of | ||
Section 4 of the Illinois Insurance Code, as a condition of its | ||
authority to transact business in this State, shall collect | ||
and remit to the Department of Insurance an amount equal to $4, | ||
or a lesser amount determined by the Illinois Law Enforcement | ||
Training Standards Board by rule, multiplied by the insurer's | ||
total earned car years of private passenger motor vehicle | ||
insurance policies providing physical damage insurance | ||
coverage written in this State during the preceding calendar | ||
year. Of the amounts collected under this Section, the | ||
Department of Insurance shall deposit 10% into the State | ||
Police Training and Academy Fund and 90% into the Law | ||
Enforcement Training Fund.
| ||
(Source: P.A. 102-16, eff. 6-17-21.) | ||
Section 20-20. The State Finance Act is amended by | ||
changing Sections 6z-75, 6z-126, 8.20, 8.25, 8.27, 8.33, and | ||
8f and by adding Sections 5.970, 5.971, 5.972, 5.973, 5.974, | ||
5.975, and 5.976 as follows: | ||
(30 ILCS 105/5.970 new) | ||
Sec. 5.970. The Aeronautics Fund. |
(30 ILCS 105/5.971 new) | ||
Sec. 5.971. The Emergency Planning and Training Fund. | ||
(30 ILCS 105/5.972 new) | ||
Sec. 5.972. The ISAC Accounts Receivable Fund. | ||
(30 ILCS 105/5.973 new) | ||
Sec. 5.973. The Motor Fuel and Petroleum Standards Fund. | ||
(30 ILCS 105/5.974 new) | ||
Sec. 5.974. The State Small Business Credit Initiative | ||
Fund. | ||
(30 ILCS 105/5.975 new) | ||
Sec. 5.975. The Public Pension Regulation Fund. | ||
(30 ILCS 105/5.976 new) | ||
Sec. 5.976. The Vehicle Inspection Fund. | ||
(30 ILCS 105/6z-75)
| ||
Sec. 6z-75. The Illinois Power Agency Trust Fund. | ||
(a) Creation. The Illinois Power Agency Trust Fund is | ||
created as a special fund in the State treasury. The State | ||
Treasurer shall be the custodian of the Fund. Amounts in the | ||
Fund, both principal and interest not appropriated, shall be |
invested as provided by law. | ||
(b) Funding and investment. | ||
(1) The Illinois Power Agency Trust Fund may accept, | ||
receive, and administer any grants, loans, or other funds | ||
made available to it by any source. Any such funds | ||
received by the Fund shall not be considered income, but | ||
shall be added to the principal of the Fund. | ||
(2) The investments of the Fund shall be managed by | ||
the Illinois State Board of Investment, for the purpose of | ||
obtaining a total return on investments for the long term, | ||
as provided for under Article 22A of the Illinois Pension | ||
Code. | ||
(c) Investment proceeds. Subject to the provisions of | ||
subsection (d) of this Section, the General Assembly may | ||
annually appropriate from the Illinois Power Agency Trust Fund | ||
to the Illinois Power Agency Operations Fund an amount | ||
calculated not to exceed 90% of the prior fiscal year's annual | ||
investment income earned by the Fund to the Illinois Power | ||
Agency. Any investment income not appropriated by the General | ||
Assembly in a given fiscal year shall be added to the principal | ||
of the Fund, and thereafter considered a part thereof and not | ||
subject to appropriation as income earned by the Fund. | ||
(d) Expenditures. | ||
(1) During Fiscal Year 2008 and Fiscal Year 2009, the | ||
General Assembly shall not appropriate any of the | ||
investment income earned by the Illinois Power Agency |
Trust Fund to the Illinois Power Agency. | ||
(2) During Fiscal Year 2010 and Fiscal Year 2011, the | ||
General Assembly shall appropriate a portion of the | ||
investment income earned by the Illinois Power Agency | ||
Trust Fund to repay to the General Revenue Fund of the | ||
State of Illinois those amounts, if any, appropriated from | ||
the General Revenue Fund for the operation of the Illinois | ||
Power Agency during Fiscal Year 2008 and Fiscal Year 2009, | ||
so that at the end of Fiscal Year 2011, the entire amount, | ||
if any, appropriated from the General Revenue Fund for the | ||
operation of the Illinois Power Agency during Fiscal Year | ||
2008 and Fiscal Year 2009 will be repaid in full to the | ||
General Revenue Fund. | ||
(3) In Fiscal Year 2012 and thereafter, the General | ||
Assembly shall consider the need to balance its | ||
appropriations from the investment income earned by the | ||
Fund with the need to provide for the growth of the | ||
principal of the Illinois Power Agency Trust Fund in order | ||
to ensure that the Fund is able to produce sufficient | ||
investment income to fund the operations of the Illinois | ||
Power Agency in future years. | ||
(4) If the Illinois Power Agency shall cease | ||
operations, then, unless otherwise provided for by law or | ||
appropriation, the principal and any investment income | ||
earned by the Fund shall be transferred into the | ||
Supplemental Low-Income Energy Assistance Program (LIHEAP) |
Fund under Section 13 of the Energy Assistance Act of | ||
1989 . | ||
(e) Implementation. The provisions of this Section shall | ||
not be operative until the Illinois Power Agency Trust Fund | ||
has accumulated a principal balance of $25,000,000.
| ||
(Source: P.A. 99-536, eff. 7-8-16.) | ||
(30 ILCS 105/6z-126) | ||
Sec. 6z-126. Law Enforcement Training Fund. The Law | ||
Enforcement Training Fund is hereby created as a special fund | ||
in the State treasury. Moneys in the Fund shall consist of: (i) | ||
90% of the revenue from increasing the insurance producer | ||
license fees, as provided under subsection (a-5) of Section | ||
500-135 of the Illinois Insurance Code; and (ii) 90% of the | ||
moneys collected from auto insurance policy fees under Section | ||
8.6 of the Illinois Motor Vehicle Theft Prevention and | ||
Insurance Verification Act. This Fund shall be used by the | ||
Illinois Law Enforcement Training and Standards Board to fund | ||
law enforcement certification compliance and the development | ||
and provision of basic courses by Board-approved academics, | ||
and in-service courses by approved academies.
| ||
(Source: P.A. 102-16, eff. 6-17-21.)
| ||
(30 ILCS 105/8.20) (from Ch. 127, par. 144.20)
| ||
Sec. 8.20.
Appropriations for the ordinary and contingent | ||
expenses of
the Illinois Liquor Control Commission shall be |
paid from the Dram Shop Fund.
Beginning June 30, 1990 and on | ||
June 30 of each subsequent year through June
29, 2003, any | ||
balance
over $5,000,000 remaining in the Dram Shop Fund shall | ||
be credited to State
liquor licensees and applied against | ||
their fees for State liquor licenses
for the following year. | ||
The amount credited to each licensee shall be a
proportion of | ||
the balance in the Dram Shop Fund that is the same as the
| ||
proportion of the license fee paid by the licensee under | ||
Section 5-3 of the
Liquor Control Act of 1934, as now or | ||
hereafter amended, for the period in
which the balance was | ||
accumulated to the aggregate fees paid by all
licensees during | ||
that period.
| ||
In addition to any other permitted use of moneys in the | ||
Fund, and
notwithstanding any restriction on the use of the | ||
Fund, moneys in the Dram Shop
Fund may be transferred to the | ||
General Revenue Fund as authorized by Public
Act 87-14. The | ||
General Assembly finds that an excess of moneys existed in
the | ||
Fund on July 30, 1991, and the Governor's order of July 30, | ||
1991,
requesting the Comptroller and Treasurer to transfer an | ||
amount from the
Fund to the General Revenue Fund is hereby | ||
validated.
| ||
(Source: P.A. 93-22, eff. 6-20-03.)
| ||
(30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
| ||
Sec. 8.25. Build Illinois Fund; uses.
| ||
(A) All moneys in the Build Illinois Fund shall be |
transferred,
appropriated, and used only for the purposes | ||
authorized by and subject to
the limitations and conditions | ||
prescribed by this Section. There are
established the | ||
following accounts in the Build Illinois Fund: the
McCormick | ||
Place Account, the Build Illinois Bond Account, the Build
| ||
Illinois Purposes Account, the
Park and Conservation Fund | ||
Account, and the Tourism Advertising and
Promotion Account. | ||
Amounts deposited into the Build Illinois Fund consisting
of | ||
1.55% before July 1, 1986, and 1.75% on and after July 1, 1986, | ||
of
moneys received by the Department of Revenue under Section | ||
9 of
the Use Tax Act, Section 9 of the Service Use Tax Act, | ||
Section 9 of
the Service Occupation Tax Act, and Section 3 of | ||
the Retailers' Occupation
Tax Act, and all amounts deposited | ||
therein under Section 28 of
the Illinois Horse Racing Act of | ||
1975, Section 4.05 of the Chicago World's
Fair - 1992 | ||
Authority Act, and Sections 3 and 6 of the Hotel Operators'
| ||
Occupation Tax Act, shall be credited initially to the | ||
McCormick Place
Account and all other amounts deposited into | ||
the Build Illinois Fund shall be
credited initially to the | ||
Build Illinois Bond Account. Of the amounts
initially so | ||
credited to the McCormick Place Account in each month, the
| ||
amount that is to be transferred in that month to the | ||
Metropolitan Fair
and Exposition Authority Improvement Bond | ||
Fund, as provided below, shall
remain credited to the | ||
McCormick Place Account, and all amounts initially so
credited | ||
in that month in excess thereof shall next be credited to the
|
Build Illinois Bond Account. Of the amounts credited to the | ||
Build Illinois
Bond Account in each month, the amount that is | ||
to be transferred in that
month to the Build Illinois Bond | ||
Retirement and Interest Fund, as provided
below, shall remain | ||
credited to the Build Illinois Bond Account, and all
amounts | ||
so credited in each month in excess thereof shall next be | ||
credited
monthly to the other accounts in the following order | ||
of priority: first, to
the Build Illinois Purposes Account, | ||
(a) 1/12, or in the case of fiscal
year 1986, 1/9, of the | ||
fiscal year amounts authorized to be transferred to
the Build | ||
Illinois Purposes Fund as provided below plus (b) any | ||
cumulative
deficiency in those transfers for prior months; | ||
second,
1/12 of $10,000,000, plus any cumulative deficiency in | ||
those transfers for
prior months, to the Park and Conservation | ||
Fund Account;
and third, to the General Revenue Fund in the | ||
State Treasury all
amounts
that remain in the Build Illinois | ||
Fund on the last day of each
month and are not credited to any | ||
account in that Fund.
| ||
Transfers from the McCormick Place Account in the Build
| ||
Illinois Fund shall be made as follows:
| ||
Beginning with fiscal year 1985 and continuing for each | ||
fiscal
year thereafter, the Metropolitan Pier and Exposition
| ||
Authority shall annually certify to the State Comptroller and | ||
State
Treasurer the amount necessary and required during the | ||
fiscal year with
respect to which the certification is made to | ||
pay the debt service
requirements (including amounts to be |
paid with respect to arrangements to
provide additional | ||
security or liquidity) on all outstanding bonds and
notes, | ||
including refunding bonds (herein collectively referred to as | ||
bonds)
of issues in the aggregate amount (excluding the amount | ||
of any refunding
bonds issued by that Authority after January | ||
1, 1986) of not more than
$312,500,000 issued after July 1, | ||
1984, by that Authority for the purposes
specified in Sections | ||
10.1 and 13.1 of the Metropolitan Pier and Exposition
| ||
Authority Act. In each month of the fiscal year in which there | ||
are bonds
outstanding with respect to which the annual | ||
certification is made, the
Comptroller shall order transferred | ||
and the Treasurer shall transfer from
the McCormick Place | ||
Account in the Build Illinois Fund to the Metropolitan
Fair | ||
and Exposition Authority Improvement Bond Fund an amount equal | ||
to 150%
of the certified amount for that fiscal year divided by | ||
the number of
months during that fiscal year in which bonds of | ||
the Authority are
outstanding, plus any cumulative deficiency | ||
in those transfers for prior
months; provided, that the | ||
maximum amount that may be so transferred in
fiscal year 1985 | ||
shall not exceed $15,000,000 or a lesser sum as is
actually | ||
necessary and required to pay the debt service requirements | ||
for
that fiscal year after giving effect to net operating | ||
revenues of that
Authority available for that purpose as | ||
certified by that Authority, and
provided further that the | ||
maximum amount that may be so transferred in
fiscal year 1986 | ||
shall not exceed $30,000,000 and in each fiscal year
|
thereafter shall not exceed $33,500,000 in any fiscal year or | ||
a
lesser sum as is actually necessary and required to pay the | ||
debt service
requirements for that fiscal year after giving | ||
effect to net operating
revenues of that Authority available | ||
for that purpose as certified by
that Authority.
| ||
When an amount equal to 100% of the aggregate amount of | ||
principal and
interest in each fiscal year with respect to | ||
bonds issued after
July 1, 1984, that by their terms are | ||
payable from the Metropolitan Fair
and Exposition Authority | ||
Improvement Bond Fund, including under sinking
fund | ||
requirements, has been so paid and deficiencies in reserves | ||
established
from bond proceeds shall have been remedied, and | ||
at the time that those amounts
have been transferred to the | ||
Authority as provided in Section 13.1 of
the Metropolitan Pier | ||
and Exposition Authority Act, the remaining moneys,
if any, | ||
deposited and to be deposited during each fiscal year to the
| ||
Metropolitan Fair and Exposition Authority Improvement Bond | ||
Fund shall be
transferred to the Metropolitan Fair and | ||
Exposition Authority Completion
Note Subordinate Fund.
| ||
Transfers from the Build Illinois Bond Account in the | ||
Build Illinois
Fund shall be made as follows:
| ||
Beginning with fiscal year 1986 and continuing for each | ||
fiscal year
thereafter so long as limited obligation bonds of | ||
the State issued under
the Build Illinois Bond Act remain | ||
outstanding, the Comptroller shall
order transferred and the | ||
Treasurer shall transfer in each month,
commencing in October, |
1985, on the last day of that month, from the Build
Illinois | ||||||||||||||||||||
Bond Account to the Build Illinois Bond Retirement and | ||||||||||||||||||||
Interest
Fund in the State Treasury the amount required to be | ||||||||||||||||||||
so transferred in that
month under Section 13 of the Build | ||||||||||||||||||||
Illinois Bond Act.
| ||||||||||||||||||||
Transfers from the remaining accounts in the Build | ||||||||||||||||||||
Illinois Fund shall
be made in the following amounts and in the | ||||||||||||||||||||
following order of priority:
| ||||||||||||||||||||
Beginning with fiscal year 1986 and continuing each fiscal | ||||||||||||||||||||
year
thereafter, as soon as practicable after the first day of | ||||||||||||||||||||
each month,
commencing in October, 1985, the Comptroller shall | ||||||||||||||||||||
order transferred and
the Treasurer shall transfer from the | ||||||||||||||||||||
Build Illinois Purposes Account in
the Build Illinois Fund to | ||||||||||||||||||||
the Build Illinois Purposes Fund 1/12th (or in
the case of | ||||||||||||||||||||
fiscal year 1986 1/9) of the amounts specified below for the
| ||||||||||||||||||||
following fiscal years:
| ||||||||||||||||||||
| ||||||||||||||||||||
plus any cumulative deficiency in those transfers for prior |
months.
| ||
As soon as may be practicable after the first day of each | ||
month
beginning after July 1, 1984, the Comptroller shall | ||
order transferred and
the Treasurer shall transfer from the | ||
Park and Conservation Fund Account in
the Build Illinois Fund | ||
to the Park and Conservation Fund 1/12 of
$10,000,000, plus | ||
any cumulative deficiency in those transfers for
prior months, | ||
for conservation and park purposes as enumerated in Section
| ||
805-420 of the Department of Natural Resources (Conservation)
| ||
Law (20 ILCS 805/805-420), and to
pay
the debt
service | ||
requirements on all outstanding bonds of an issue in the | ||
aggregate
amount of not more than $40,000,000 issued after | ||
January 1, 1985, by the
State of Illinois for the purposes | ||
specified in Section 3(c) of the Capital
Development Bond Act | ||
of 1972, or for the same purposes as specified in any
other | ||
State general obligation bond Act enacted after November 1, | ||
1984.
Transfers from the Park and Conservation Fund to the | ||
Capital Development
Bond Retirement and Interest Fund to pay | ||
those debt service requirements
shall be made in accordance | ||
with Section 8.25b of this Act.
| ||
All funds remaining in the Build Illinois Fund on the last | ||
day of any month
and not credited to any account in that Fund | ||
shall be transferred by the
State Treasurer to the General | ||
Revenue Fund.
| ||
(B) For the purpose of this Section, "cumulative | ||
deficiency" shall
include all deficiencies in those transfers |
that have occurred since July
1, 1984, as specified in | ||
subsection (A) of this Section.
| ||
(C) In addition to any other permitted use of moneys in the | ||
Fund, and
notwithstanding any restriction on the use of the | ||
Fund, moneys in the
Park and Conservation Fund may be | ||
transferred to the General Revenue Fund
as authorized by | ||
Public Act 87-14. The General Assembly finds that an
excess of | ||
moneys existed in the Fund on July 30, 1991, and the Governor's
| ||
order of July 30, 1991, requesting the Comptroller and | ||
Treasurer to
transfer an amount from the Fund to the General | ||
Revenue Fund is hereby
validated.
| ||
(D) (Blank).
| ||
(Source: P.A. 90-26, eff. 7-1-97; 90-372, eff. 7-1-98; 90-655, | ||
eff.
7-30-98; 91-239, eff. 1-1-00.)
| ||
(30 ILCS 105/8.27) (from Ch. 127, par. 144.27)
| ||
Sec. 8.27. All receipts from federal financial | ||
participation in the
Foster Care and Adoption Services program | ||
under Title IV-E of the federal
Social Security Act, including | ||
receipts
for related indirect costs,
shall be deposited in the | ||
DCFS Children's Services Fund.
| ||
Beginning on July 20, 2010 ( the effective date of Public | ||
Act 96-1127) this amendatory Act of the 96th General Assembly , | ||
any funds paid to the State by the federal government under | ||
Title XIX and Title XXI of the Social Security Act for child | ||
welfare services delivered by community mental health |
providers, certified and paid as Medicaid providers by the | ||
Department of Children and Family Services, for child welfare | ||
services relating to Medicaid-eligible clients and families | ||
served consistent with the purposes of the Department of
| ||
Children and Family Services, including services delivered as | ||
a result of the conversion of such providers from a | ||
comprehensive rate to a fee-for-service payment methodology, | ||
and any subsequent revenue maximization initiatives performed | ||
by such providers, and any interest earned thereon, shall be | ||
deposited directly into the DCFS Children's Services Fund. | ||
Such funds shall be used for the provision of child welfare | ||
services provided to eligible individuals identified by the | ||
Department of Children and Family Services. Child welfare | ||
services are defined in Section 5 of the Children and Family | ||
Services Act (20 ILCS 505/5) . | ||
Eighty percent of the federal funds received by the | ||
Illinois Department
of Human Services under the Title IV-A | ||
Emergency Assistance program as
reimbursement for expenditures | ||
made from the Illinois Department of Children
and Family | ||
Services appropriations for the costs of services in behalf of
| ||
Department of Children and Family Services clients shall be | ||
deposited into
the DCFS Children's Services Fund.
| ||
All receipts from federal financial participation in the | ||
Child Welfare
Services program under Title IV-B of the federal | ||
Social Security Act,
including receipts for related indirect | ||
costs, shall be deposited into the
DCFS Children's Services |
Fund for those moneys received as reimbursement for
services | ||
provided on or after July 1, 1994.
| ||
In addition, as soon as may be practicable after the first | ||
day of November,
1994, the Department of Children and Family | ||
Services shall request the
Comptroller to order transferred | ||
and the Treasurer shall transfer the
unexpended balance of the | ||
Child Welfare Services Fund to the DCFS Children's
Services | ||
Fund. Upon completion of the transfer, the Child Welfare | ||
Services
Fund will be considered dissolved and any outstanding | ||
obligations or
liabilities of that fund will pass to the DCFS | ||
Children's Services Fund.
| ||
For services provided on or after July 1, 2007, all | ||
federal funds received pursuant to the John H. Chafee Foster | ||
Care Independence Program shall be deposited into the DCFS | ||
Children's Services Fund. | ||
Except as otherwise provided in this Section, moneys in | ||
the Fund may be used by the Department, pursuant to
| ||
appropriation by the General Assembly, for the ordinary and | ||
contingent
expenses of the Department.
| ||
In fiscal year 1988 and in each fiscal year thereafter | ||
through fiscal
year 2000, the Comptroller
shall order | ||
transferred and the Treasurer shall transfer an amount of
| ||
$16,100,000 from the DCFS Children's Services Fund to the | ||
General Revenue
Fund in the following manner: As soon as may be | ||
practicable after the 15th
day of September, December, March | ||
and June, the Comptroller shall order
transferred and the |
Treasurer shall transfer, to the extent that funds are
| ||
available, 1/4 of $16,100,000, plus any cumulative | ||
deficiencies in such
transfers for prior transfer dates during | ||
such fiscal year. In no event
shall any such transfer reduce | ||
the available balance in the DCFS Children's
Services Fund | ||
below $350,000.
| ||
In accordance with subsection (q) of Section 5 of the | ||
Children and Family
Services Act, disbursements from | ||
individual children's accounts shall be
deposited into the | ||
DCFS Children's Services Fund.
| ||
Receipts from public and unsolicited private grants, fees | ||
for training, and royalties earned from the publication of | ||
materials owned by or licensed to the Department of Children | ||
and Family Services shall be deposited into the DCFS | ||
Children's Services Fund. | ||
As soon as may be practical after September 1, 2005, upon | ||
the request of the Department of Children and Family Services, | ||
the Comptroller shall order transferred and the Treasurer | ||
shall transfer the unexpended balance of the Department of | ||
Children and Family Services Training Fund into the DCFS | ||
Children's Services Fund. Upon completion of the transfer, the | ||
Department of Children and Family Services Training Fund is | ||
dissolved and any outstanding obligations or liabilities of | ||
that Fund pass to the DCFS Children's Services Fund.
| ||
(Source: P.A. 95-707, eff. 1-11-08; 96-1127, eff. 7-20-10.)
|
(30 ILCS 105/8.33) (from Ch. 127, par. 144.33)
| ||
Sec. 8.33. Expenses incident to leasing or use of State | ||
facilities.
(a) All expenses incident to the leasing or use of
| ||
the State facilities listed in Section 405-315 of the
| ||
Department
of Central Management Services Law (20 ILCS | ||
405/405-315) for lease or use terms not exceeding
30 days in | ||
length shall be payable from the Facilities Management Special | ||
Events Revolving Fund. Such expenses Expenses incident to the | ||
lease or use of the State facilities listed in
Section 405-315 | ||
of the Department of Central Management
Services
Law (20 ILCS | ||
405/405-315) shall
include expenditures for additional | ||
commodities, equipment, furniture,
improvements, personal | ||
services or other expenses required by the
Department of | ||
Central Management Services to make such facilities available
| ||
to the public and State employees.
| ||
(b) The Special Events Revolving Fund shall cease to exist | ||
on October 1, 2005. Any balance in the Fund as of that date | ||
shall be transferred to the Facilities Management Revolving | ||
Fund. Any moneys that otherwise would be paid into the Fund on | ||
or after that date shall be deposited into the Facilities | ||
Management Revolving Fund. Any disbursements on or after that | ||
date that otherwise would be made from the Fund shall be made | ||
from the Facilities Management Revolving Fund.
| ||
(Source: P.A. 94-91, eff. 7-1-05.)
| ||
(30 ILCS 105/8f)
|
Sec. 8f. Public Pension Regulation Fund. The Public | ||
Pension Regulation
Fund is created as a special fund in the | ||
State Treasury. Except as otherwise provided in the
Illinois | ||
Pension Code, all money received by the Department of | ||
Financial and Professional Regulation, as successor to the | ||
Illinois Department of
Insurance , under the Illinois Pension | ||
Code shall be paid into the Fund. The
State Treasurer promptly | ||
shall invest the money in the Fund, and all earnings
that | ||
accrue on the money in the Fund shall be credited to the Fund. | ||
No money
may be transferred from this Fund to any other fund. | ||
The General Assembly may
make appropriations from this Fund | ||
for the ordinary and contingent expenses of
the Public Pension | ||
Division of the Illinois Department of Insurance.
| ||
(Source: P.A. 94-91, eff. 7-1-05; 95-950, eff. 8-29-08.)
| ||
Section 20-25. The Build Illinois Bond Act is amended by | ||
changing Section 2 as follows:
| ||
(30 ILCS 425/2) (from Ch. 127, par. 2802)
| ||
Sec. 2. Authorization for Bonds. The State of Illinois is
| ||
authorized to issue, sell and provide for the retirement of | ||
limited
obligation bonds, notes and other evidences of | ||
indebtedness of the State of
Illinois in the total principal | ||
amount of $9,484,681,100
herein called "Bonds". Such | ||
authorized amount of Bonds shall
be reduced from time to time | ||
by amounts, if any, which are equal to the
moneys received by |
the Department of Revenue in any fiscal year pursuant to
| ||
Section 3-1001 of the "Illinois Vehicle Code", as amended, in | ||
excess of the
Annual Specified Amount (as defined in Section 3 | ||
of the "Retailers'
Occupation Tax Act", as amended) and | ||
transferred at the end of such fiscal
year from the General | ||
Revenue Fund to the Build Illinois Purposes Fund (now | ||
abolished) as
provided in Section 3-1001 of said Code; | ||
provided, however, that no such
reduction shall affect the | ||
validity or enforceability of any Bonds issued
prior to such | ||
reduction. Such amount of authorized Bonds
shall be exclusive | ||
of any refunding Bonds issued pursuant to Section 15 of
this | ||
Act and exclusive of any Bonds issued pursuant to this Section | ||
which
are redeemed, purchased, advance refunded, or defeased | ||
in accordance with
paragraph (f) of Section 4 of this Act. | ||
Bonds shall be issued for the
categories and specific purposes | ||
expressed in Section 4 of this Act.
| ||
(Source: P.A. 101-30, eff. 6-28-19.)
| ||
Section 20-30. The Build Illinois Act is amended by | ||
changing Sections 9-4.2, 9-5.2, and 23-1 as follows:
| ||
(30 ILCS 750/9-4.2) (from Ch. 127, par. 2709-4.2)
| ||
Sec. 9-4.2. Illinois Capital Revolving Loan Fund.
| ||
(a) There is hereby created the Illinois Capital
Revolving | ||
Loan Fund, hereafter referred to in this Article as the
| ||
"Capital Fund" to be held as a separate fund within the State
|
Treasury.
| ||
The purpose of the Capital Fund is to finance intermediary | ||
agreements,
administration, technical assistance agreements,
| ||
loans, grants, or investments in Illinois. In addition, funds | ||
may be
used
for a one time transfer in fiscal year 1994, not to | ||
exceed the amounts
appropriated, to the Public Infrastructure | ||
Construction Loan Revolving Fund for
grants and loans pursuant | ||
to the Public Infrastructure Loan and Grant Program
Act. | ||
Investments, administration,
grants, and financial aid shall | ||
be used for the purposes set for in this
Article. Loan | ||
financing will be in the
form of
loan agreements pursuant to | ||
the terms and conditions set
forth in this Article. All loans | ||
shall be conditioned on the
project receiving financing from | ||
participating lenders or other investors.
Loan
proceeds shall | ||
be available for project costs, except for
debt refinancing.
| ||
(b) There shall be deposited in the Capital Fund
such | ||
amounts, including but not limited to:
| ||
(i) All receipts, including dividends, principal and | ||
interest
payments and royalties, from any applicable loan, | ||
intermediary, or technical
assistance agreement
made from | ||
the Capital Fund or from direct appropriations from the | ||
Build
Illinois Bond Fund or the Build Illinois Purposes | ||
Fund (now abolished) or the General Revenue Fund by
the | ||
General Assembly entered into by the Department;
| ||
(ii) All proceeds of assets of whatever nature
| ||
received by the Department as a result of default or |
delinquency
with respect to loan agreements made from the | ||
Capital
Fund or from direct appropriations by the General | ||
Assembly,
including proceeds from the sale, disposal, | ||
lease or rental
of real or personal property which the | ||
Department may receive
as a result thereof;
| ||
(iii) Any appropriations, grants or gifts made to
the | ||
Capital Fund;
| ||
(iv) Any income received from interest on investments
| ||
of moneys in the Capital Fund;
| ||
(v) All moneys resulting from the collection of | ||
premiums, fees, charges,
costs, and expenses in connection | ||
with the Capital Fund as described in subsection (e) of | ||
Section 9-3.
| ||
(c) The Treasurer may invest moneys in the Capital
Fund in | ||
securities constituting obligations of the United
States | ||
Government, or in obligations the principal of and
interest on | ||
which are guaranteed by the United States Government,
in | ||
obligations the principal of and interest on which
are | ||
guaranteed by the United States Government, or in certificates
| ||
of deposit of any State or national bank which are
fully | ||
secured by obligations guaranteed as to principal and
interest | ||
by the United States Government.
| ||
(Source: P.A. 100-377, eff. 8-25-17.)
| ||
(30 ILCS 750/9-5.2) (from Ch. 127, par. 2709-5.2)
| ||
Sec. 9-5.2. Illinois Equity
Fund. |
(a) There is created the Illinois Equity
Fund, to be held | ||
as a separate fund within the State Treasury.
The purpose of | ||
the Illinois Equity Fund is to make equity investments in
| ||
Illinois. All financing will be done in conjunction with
| ||
participating lenders or other investors. Investment proceeds
| ||
may be directed to working capital expenses associated with
| ||
the introduction of new technical products or services of | ||
individual business
projects or may be used for equity finance | ||
pools operated by intermediaries.
| ||
(b) There shall be deposited in the Illinois Equity Fund
| ||
such amounts, including but not limited to:
| ||
(i) All receipts including dividends, principal and | ||
interest
payments, royalties, or other return on | ||
investment from any
applicable loan made from the Illinois | ||
Equity Fund, from direct
appropriations by the General | ||
Assembly from the Build Illinois
Fund or the Build | ||
Illinois Purposes Fund (now abolished), or from | ||
intermediary agreements
made from
the Illinois Equity Fund | ||
entered into by the
Department;
| ||
(ii) All proceeds of assets of whatever nature
| ||
received by the Department as a result of default or | ||
delinquency
with respect to loan agreements made from the | ||
Illinois Equity
Fund, or from direct appropriations by the | ||
General Assembly
including proceeds from the sale, | ||
disposal, lease or rental
of real or personal property | ||
which the Department may receive
as a result thereof;
|
(iii) any appropriations, grants or gifts made to
the | ||
Illinois Equity Fund;
| ||
(iv) any income received from interest on investments
| ||
of moneys in the Illinois Equity Fund.
| ||
(c) The Treasurer may invest moneys in the Illinois Equity
| ||
Fund in securities constituting direct obligations of the
| ||
United States Government, or in obligations the principal of
| ||
and interest on which are guaranteed by the United States
| ||
Government, or in certificates of deposit of any State or
| ||
national bank which are fully secured by obligations | ||
guaranteed
as to principal and interest by the United States | ||
Government.
| ||
(Source: P.A. 99-933, eff. 1-27-17.)
| ||
(30 ILCS 750/23-1) (from Ch. 127, par. 2723-1)
| ||
Sec. 23-1.
Wages of laborers, mechanics and other workers | ||
employed on
all "public works" projects undertaken pursuant to | ||
contracts financed with
appropriations from the Build Illinois | ||
Bond Fund or the Build Illinois
Purposes Fund shall be subject | ||
to the provisions of
the Prevailing Wage Act.
| ||
(Source: P.A. 86-1475.)
| ||
Section 20-35. The Police and Community Relations | ||
Improvement Act is amended by changing Section 1-10 as | ||
follows: |
(50 ILCS 727/1-10)
| ||
Sec. 1-10. Investigation of officer-involved deaths; | ||
requirements.
| ||
(a) Each law enforcement agency shall have a written | ||
policy regarding the investigation of officer-involved deaths | ||
that involve a law enforcement officer employed by that law | ||
enforcement agency. | ||
(b) Each officer-involved death investigation shall be | ||
conducted by at least 2 investigators, or an entity or agency | ||
comprised of at least 2 investigators, one of whom is the lead | ||
investigator. The lead investigator shall be a person | ||
certified by the Illinois Law Enforcement Training Standards | ||
Board as a Lead Homicide Investigator, or similar training | ||
approved by the Illinois Law Enforcement Training Standards | ||
Board or the Illinois State Police, or similar training | ||
provided at an Illinois Law Enforcement Training Standards | ||
Board certified school. No
investigator involved in the | ||
investigation may be employed by the law enforcement agency | ||
that employs the officer involved in the officer-involved | ||
death, unless the investigator is employed by the Illinois | ||
State Police and is not assigned to the same division or unit | ||
as the officer involved in the death. | ||
(c) In addition to the requirements of subsection (b) of | ||
this Section, if the officer-involved death being investigated | ||
involves a motor vehicle accident, at least one investigator | ||
shall be certified by the Illinois Law Enforcement Training |
Standards Board as a Crash Reconstruction Specialist, or | ||
similar training approved by the Illinois Law Enforcement | ||
Training Standards Board or the Illinois State Police, or | ||
similar training provided at an Illinois Law Enforcement | ||
Training Standards Board certified school. Notwithstanding the | ||
requirements of subsection (b) of this Section, the policy for | ||
a law enforcement agency, when the officer-involved death | ||
being investigated involves a motor vehicle collision, may | ||
allow the use of an investigator who is employed by that law | ||
enforcement agency and who is certified by the Illinois Law | ||
Enforcement Training Standards Board as a Crash Reconstruction | ||
Specialist, or similar training approved by the Illinois Law | ||
Enforcement Training and Standards Board, or similar certified | ||
training approved by the Illinois State Police, or similar | ||
training provided at an Illinois Law Enforcement Training and | ||
Standards Board certified school. | ||
(d) The investigators conducting the investigation shall, | ||
in an expeditious manner, provide a complete report to the | ||
State's Attorney of the county in which the officer-involved | ||
death occurred. | ||
(e) If the State's Attorney, or a designated special | ||
prosecutor, determines there is no basis to prosecute the law | ||
enforcement officer involved in the officer-involved death, or | ||
if the law enforcement officer is not otherwise charged or | ||
indicted, the investigators shall publicly release a report.
| ||
(Source: P.A. 102-538, eff. 8-20-21.) |
Section 20-40. The Fair and Exposition Authority | ||
Reconstruction Act is amended by changing Section 8 as | ||
follows:
| ||
(70 ILCS 215/8) (from Ch. 85, par. 1250.8)
| ||
Sec. 8. Appropriations may be made
from time to time by the | ||
General Assembly to the Metropolitan Pier and
Exposition | ||
Authority for the payment of principal and interest of bonds | ||
of
the Authority issued under the provisions of this Act and | ||
for any other
lawful purpose of the Authority. Any and all of | ||
the funds so received shall
be kept separate and apart from any | ||
and all other funds of the Authority.
After there has been paid | ||
into the Metropolitan Fair and Exposition
Authority | ||
Reconstruction Fund in the State Treasury sufficient money,
| ||
pursuant to this Section and Sections 2 and 29 of the Cigarette | ||
Tax Act, to
retire all bonds payable from that Fund, the taxes | ||
derived from Section 28
of the Illinois Horse Racing Act of | ||
1975 which were required to be paid
into that Fund pursuant to | ||
that Act shall thereafter be paid into the
General Revenue | ||
Fund in the
State Treasury.
| ||
(Source: P.A. 102-16, eff. 6-17-21.)
| ||
Section 20-45. The Higher Education Student Assistance Act | ||
is amended by changing Section 52 as follows:
|
(110 ILCS 947/52)
| ||
Sec. 52. Golden Apple Scholars of Illinois Program; Golden | ||
Apple Foundation for Excellence in Teaching.
| ||
(a) In this Section, "Foundation" means the Golden Apple | ||
Foundation for Excellence in Teaching, a registered 501(c)(3) | ||
not-for-profit corporation. | ||
(a-2) In order to encourage academically talented Illinois | ||
students,
especially minority students, to pursue teaching | ||
careers, especially in
teacher shortage
disciplines
(which | ||
shall be defined to include early childhood education) or at
| ||
hard-to-staff schools (as defined by the Commission in | ||
consultation with the
State Board of Education), to provide | ||
those students with the crucial mentoring, guidance, and | ||
in-service support that will significantly increase the | ||
likelihood that they will complete their full teaching | ||
commitments and elect to continue teaching in targeted | ||
disciplines and hard-to-staff schools, and to ensure that | ||
students in this State will continue to have access to a pool | ||
of highly-qualified teachers, each qualified student shall be | ||
awarded a Golden Apple Scholars of Illinois Program | ||
scholarship to any Illinois institution of higher learning. | ||
The Commission shall administer the Golden Apple Scholars of | ||
Illinois Program, which shall be managed by the Foundation | ||
pursuant to the terms of a grant agreement meeting the | ||
requirements of Section 4 of the Illinois Grant Funds Recovery | ||
Act. |
(a-3) For purposes of this Section, a qualified student | ||
shall be a student who meets the following qualifications: | ||
(1) is a resident of this State and a citizen or | ||
eligible noncitizen of the United States; | ||
(2) is a high school graduate or a person who has | ||
received a high school equivalency certificate; | ||
(3) is enrolled or accepted, on at least a half-time | ||
basis, at an institution of higher learning; | ||
(4) is pursuing a postsecondary course of study | ||
leading to initial certification or pursuing additional | ||
course work needed to gain State Board of Education | ||
approval to teach, including alternative teacher | ||
licensure; and | ||
(5) is a participant in programs managed by and is | ||
approved to receive a scholarship from the Foundation. | ||
(a-5) (Blank).
| ||
(b) (Blank).
| ||
(b-5) Funds designated for the Golden Apple Scholars of | ||
Illinois Program shall be used by the Commission for the | ||
payment of scholarship assistance under this Section or for | ||
the award of grant funds, subject to the Illinois Grant Funds | ||
Recovery Act, to the Foundation. Subject to appropriation, | ||
awards of grant funds to the Foundation shall be made on an | ||
annual basis and following an application for grant funds by | ||
the Foundation. | ||
(b-10) Each year, the Foundation shall include in its |
application to the Commission for grant funds an estimate of | ||
the amount of scholarship assistance to be provided to | ||
qualified students during the grant period. Any amount of | ||
appropriated funds exceeding the estimated amount of | ||
scholarship assistance may be awarded by the Commission to the | ||
Foundation for management expenses expected to be incurred by | ||
the Foundation in providing the mentoring, guidance, and | ||
in-service supports that will increase the likelihood that | ||
qualified students will complete their teaching commitments | ||
and elect to continue teaching in hard-to-staff schools. If | ||
the estimate of the amount of scholarship assistance described | ||
in the Foundation's application is less than the actual amount | ||
required for the award of scholarship assistance to qualified | ||
students, the Foundation shall be responsible for using | ||
awarded grant funds to ensure all qualified students receive | ||
scholarship assistance under this Section. | ||
(b-15) All grant funds not expended or legally obligated | ||
within the time specified in a grant agreement between the | ||
Foundation and the Commission shall be returned to the | ||
Commission within 45 days. Any funds legally obligated by the | ||
end of a grant agreement shall be liquidated within 45 days or | ||
otherwise returned to the Commission within 90 days after the | ||
end of the grant agreement that resulted in the award of grant | ||
funds. | ||
(c) Each scholarship awarded under this Section shall be | ||
in an amount
sufficient to pay the tuition and fees and room |
and board costs of the Illinois
institution of higher learning | ||
at which the recipient is enrolled, up to
an annual maximum of | ||
$5,000; except that in the case of a
recipient who
does not
| ||
reside
on-campus at the institution of higher learning at | ||
which he or she is enrolled,
the amount of the scholarship | ||
shall be sufficient to pay tuition and fee
expenses and a | ||
commuter allowance, up to an annual maximum of $5,000. All | ||
scholarship funds distributed in accordance with this Section | ||
shall be paid to the institution on behalf of recipients.
| ||
(d) The total amount of scholarship assistance awarded by | ||
the Commission
under this Section to an individual in any | ||
given fiscal year, when added to
other financial assistance | ||
awarded to that individual for that year, shall not
exceed the | ||
cost of attendance at the institution of higher learning at | ||
which
the student is enrolled. In any academic year for which a | ||
qualified student under this Section accepts financial | ||
assistance through any other teacher scholarship program | ||
administered by the Commission, a qualified student shall not | ||
be eligible for scholarship assistance awarded under this | ||
Section.
| ||
(e) A recipient may receive up to 8 semesters or 12
| ||
quarters of scholarship
assistance under this Section. | ||
Scholarship funds are applicable toward 2 semesters or 3 | ||
quarters of enrollment each academic year.
| ||
(f) All applications for scholarship assistance to be | ||
awarded under this
Section shall be made to the Foundation in a |
form determined by the Foundation. Each year, the Foundation | ||
shall notify the Commission of the individuals awarded | ||
scholarship assistance under this Section. Each year, at least | ||
30% of the Golden Apple Scholars of Illinois Program | ||
scholarships shall be awarded to students residing in counties | ||
having a population of less than 500,000.
| ||
(g) (Blank).
| ||
(h) The Commission shall administer the payment of
| ||
scholarship assistance provided through the Golden Apple | ||
Scholars of Illinois Program and shall make all necessary
and
| ||
proper rules not inconsistent with this Section for the | ||
effective
implementation of this Section.
| ||
(i) Prior to receiving scholarship assistance for any | ||
academic year, each
recipient of a scholarship awarded under | ||
this
Section shall be required by the Foundation to sign an | ||
agreement under which
the
recipient pledges that, within the | ||
2-year period following the
termination
of the academic | ||
program for which the recipient was awarded a scholarship, the
| ||
recipient: (i) shall begin teaching for a period of not
less | ||
than 5 years, (ii) shall fulfill this teaching obligation at a | ||
nonprofit
Illinois public,
private, or parochial
preschool or | ||
an Illinois public elementary or secondary school that | ||
qualifies for teacher loan cancellation under Section | ||
465(a)(2)(A) of the federal Higher Education Act of 1965 (20 | ||
U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed | ||
eligible for fulfilling the teaching commitment as designated |
by the Foundation, and (iii)
shall, upon request of
the | ||
Foundation, provide the Foundation with evidence that he or | ||
she is fulfilling
or has fulfilled the terms of the teaching | ||
agreement provided for in this
subsection. Upon request, the | ||
Foundation shall provide evidence of teacher fulfillment to | ||
the Commission.
| ||
(j) If a recipient of a scholarship awarded under this | ||
Section fails to
fulfill the teaching obligation set forth in | ||
subsection (i) of this Section,
the Commission shall require | ||
the recipient to repay the amount of the
scholarships | ||
received, prorated according to the fraction of the teaching
| ||
obligation not completed, plus interest at a rate of 5% and if | ||
applicable, reasonable
collection fees.
Payments received by | ||
the Commission under this subsection (j)
shall be remitted to | ||
the State Comptroller for deposit into
the General Revenue | ||
Fund, except that that portion of a
recipient's repayment that | ||
equals the amount in expenses that
the Commission has | ||
reasonably incurred in attempting
collection from that | ||
recipient shall be remitted to the State
Comptroller for | ||
deposit into the ISAC Commission's Accounts
Receivable Fund , a | ||
special fund in the State treasury . | ||
(k) A recipient of a scholarship awarded by the Foundation | ||
under this
Section shall not be considered to have failed to | ||
fulfill the teaching obligations of the agreement entered into | ||
pursuant to
subsection (i) if the recipient (i) enrolls on a | ||
full-time basis as a graduate
student in a course of study |
related to the field of teaching at an institution
of higher | ||
learning; (ii) is serving as a member of the armed services of | ||
the
United States; (iii) is a person with a temporary total | ||
disability, as established by sworn
affidavit of a qualified | ||
physician; (iv) is seeking and unable to find
full-time | ||
employment as a teacher at a school that satisfies the | ||
criteria set
forth
in subsection (i) and is able to provide | ||
evidence of that fact; (v) is taking additional courses, on at | ||
least a half-time basis, needed to obtain certification as a | ||
teacher in Illinois; (vi) is fulfilling teaching requirements | ||
associated with other programs administered by the Commission | ||
and cannot concurrently fulfill them under this Section in a | ||
period of time equal to the length of the teaching obligation; | ||
or (vii) is participating in a program established under | ||
Executive Order 10924 of the President of the United States or | ||
the federal National Community Service Act of 1990 (42 U.S.C. | ||
12501 et seq.). Any such
extension of the period during which | ||
the teaching requirement must be fulfilled
shall be subject to | ||
limitations of duration as established by the Commission.
| ||
(l) A recipient who fails to fulfill the teaching | ||
obligations of the agreement entered into pursuant to | ||
subsection (i) of this Section shall repay the amount of | ||
scholarship assistance awarded to them under this Section | ||
within 10 years. | ||
(m) Annually, at a time determined by the Commission in | ||
consultation with the Foundation, the Foundation shall submit |
a report to assist the Commission in monitoring the | ||
Foundation's performance of grant activities. The report shall | ||
describe the following: | ||
(1) the Foundation's anticipated expenditures for the | ||
next fiscal year; | ||
(2) the number of qualified students receiving | ||
scholarship assistance at each institution of higher | ||
learning where a qualified student was enrolled under this | ||
Section during the previous fiscal year; | ||
(3) the total monetary value of scholarship funds paid | ||
to each institution of higher learning at which a | ||
qualified student was enrolled during the previous fiscal | ||
year; | ||
(4) the number of scholarship recipients who completed | ||
a baccalaureate degree during the previous fiscal year; | ||
(5) the number of scholarship recipients who fulfilled | ||
their teaching obligation during the previous fiscal year; | ||
(6) the number of scholarship recipients who failed to | ||
fulfill their teaching obligation during the previous | ||
fiscal year; | ||
(7) the number of scholarship recipients granted an | ||
extension described in subsection (k) of this Section | ||
during the previous fiscal year; | ||
(8) the number of scholarship recipients required to | ||
repay scholarship assistance in accordance with subsection | ||
(j) of this Section during the previous fiscal year; |
(9) the number of scholarship recipients who | ||
successfully repaid scholarship assistance in full during | ||
the previous fiscal year; | ||
(10) the number of scholarship recipients who | ||
defaulted on their obligation to repay scholarship | ||
assistance during the previous fiscal year; | ||
(11) the amount of scholarship assistance subject to | ||
collection in accordance with subsection (j) of this | ||
Section at the end of the previous fiscal year; | ||
(12) the amount of collected funds to be remitted to | ||
the Comptroller in accordance with subsection (j) of this | ||
Section at the end of the previous fiscal year; and | ||
(13) other information that the Commission may | ||
reasonably request. | ||
(n) Nothing in this Section shall affect the rights of the | ||
Commission to collect moneys owed to it by recipients of | ||
scholarship assistance through the Illinois Future Teacher | ||
Corps Program, repealed by Public Act 98-533 this amendatory | ||
Act of the 98th General Assembly . | ||
(o) The Auditor General shall prepare an annual audit of | ||
the operations and finances of the Golden Apple Scholars of | ||
Illinois Program. This audit shall be provided to the | ||
Governor, General Assembly, and the Commission. | ||
(p) The suspension of grant making authority found in | ||
Section 4.2 of the Illinois Grant Funds Recovery Act shall not | ||
apply to grants made pursuant to this Section. |
(Source: P.A. 98-533, eff. 8-23-13; 98-718, eff. 1-1-15; | ||
99-143, eff. 7-27-15.)
| ||
Section 20-50. The Nurse Educator Assistance Act is | ||
amended by changing Section 15-30 as follows: | ||
(110 ILCS 967/15-30)
| ||
Sec. 15-30. Repayment upon default; exception.
| ||
(a) If a recipient of a scholarship awarded under this | ||
Section fails to fulfill the work agreement required under the | ||
program, the Commission shall require the recipient to repay | ||
the amount of the scholarship or scholarships received, | ||
prorated according to the fraction of the work agreement not | ||
completed, plus interest at a rate of 5% and, if applicable, | ||
reasonable collection fees.
| ||
(b) Payments received by the Commission under this Section | ||
shall be remitted to the State Comptroller for deposit into | ||
the General Revenue Fund, except that that portion of a | ||
recipient's repayment that equals the amount in expenses that | ||
the Commission has reasonably incurred in attempting | ||
collection from that recipient shall be remitted to the State | ||
Comptroller for deposit into the ISAC Commission's Accounts | ||
Receivable Fund.
| ||
(c) A recipient of a scholarship awarded by the Commission | ||
under the program shall not be in violation of the agreement | ||
entered into pursuant to this Article if the recipient is (i) |
serving as a member of the armed services of the United States, | ||
(ii) a person with a temporary total disability, as | ||
established by a sworn affidavit of a qualified physician, | ||
(iii) seeking and unable to find full-time employment as a | ||
nursing educator and is able to provide evidence of that fact, | ||
or (iv) taking additional courses, on at least a half-time | ||
basis, related to nursing education. Any extension of the | ||
period during which the work requirement must be fulfilled | ||
shall be subject to limitations of duration established by the | ||
Commission.
| ||
(Source: P.A. 99-143, eff. 7-27-15.) | ||
Section 20-55. The Solid Waste Site Operator Certification | ||
Law is amended by changing Section 1011 as follows:
| ||
(225 ILCS 230/1011) (from Ch. 111, par. 7861)
| ||
Sec. 1011. Fees.
| ||
(a) Fees for the issuance or renewal of a Solid
Waste Site | ||
Operator Certificate shall be as follows:
| ||
(1)(A) $400 for issuance or renewal for Class A Solid | ||
Waste Site
Operators; (B) $200 for issuance or renewal for | ||
Class B Solid Waste Site
Operators; and (C) $100 for | ||
issuance or renewal for special waste endorsements.
| ||
(2) If the fee for renewal is not paid within the grace | ||
period the
above fees for renewal shall each be increased | ||
by $50.
|
(b) All Before the effective date of this amendatory Act | ||
of the 98th General Assembly, all fees collected by the Agency | ||
under this Section shall be
deposited into the Hazardous Waste | ||
Occupational Licensing Fund. The Agency
is authorized to use | ||
monies in the Hazardous Waste Occupational Licensing Fund to | ||
perform its functions, powers,
and duties under this Section. | ||
On and after the effective date of this amendatory Act of the | ||
98th General Assembly, all fees collected by the Agency under | ||
this Section shall be deposited into the Environmental | ||
Protection Permit and Inspection Fund to be used in accordance | ||
with the provisions of subsection (a) of Section 22.8 of the | ||
Environmental Protection Act. | ||
(Source: P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)
| ||
Section 20-60. The Illinois Public Aid Code is amended by | ||
changing Section 12-10.7 as follows: | ||
(305 ILCS 5/12-10.7)
| ||
Sec. 12-10.7. The Health and Human Services Medicaid Trust | ||
Fund. (a) The Health and Human Services Medicaid Trust Fund | ||
shall consist of (i) moneys appropriated or transferred into | ||
the Fund, pursuant to statute, (ii) federal financial | ||
participation moneys received pursuant to expenditures from | ||
the Fund, and (iii) the interest earned on moneys in the Fund. | ||
(b) Subject to appropriation, the moneys in the Fund shall be | ||
used by a State agency for such purposes as that agency may, by |
the appropriation language, be directed.
| ||
(c) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $3,500,000 from the Health | ||
and Human Services Medicaid Trust Fund to the Human Services | ||
Priority Capital Program Fund.
| ||
(d) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2008, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $3,500,000 from the Health | ||
and Human Services Medicaid Trust Fund to the Human Services | ||
Priority Capital Program Fund. | ||
(Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08.) | ||
Section 20-65. The Energy Assistance Act is amended by | ||
changing Section 10 as follows:
| ||
(305 ILCS 20/10) (from Ch. 111 2/3, par. 1410)
| ||
Sec. 10. Energy Assistance Funds.
| ||
(a) The AFDC Energy Assistance Fund is hereby created as a | ||
special fund
in the State Treasury.
| ||
The AFDC Energy Assistance Fund is authorized to receive | ||
whether by
appropriation, transfer, statutory deposit or fund | ||
transfer, all amounts
appropriated from State funds to the | ||
Department of Human Services (acting as
successor to the |
Illinois Department of Public Aid
under the Department of | ||
Human Services Act) specifically for energy
assistance | ||
payments for persons and families
receiving assistance | ||
pursuant to Section 4-1 of the Illinois Public Aid
Code and | ||
subsection (c) of Section 6 of this Act, and any | ||
administrative
expense related thereto.
| ||
(b) Subject to appropriation by the General Assembly, the | ||
Department is
authorized to expend monies from the AFDC Energy | ||
Assistance Fund for the
following purposes:
| ||
(1) for energy assistance payments to or on behalf of | ||
individuals or
families who receive assistance pursuant to | ||
Section 4-1 of The Illinois
Public Aid Code in accordance | ||
with the provisions of Section 6 of this Act; and
| ||
(2) for the necessary and contingent expenses of the | ||
Department
incurred in the administration of that portion | ||
of the Act described in
paragraph (1) of this subsection.
| ||
(c) The AFDC Energy Assistance Fund shall be inoperative | ||
after
September 30, 1991.
| ||
(d) Subject to appropriations made by the General | ||
Assembly, the Department
is authorized to expend monies from | ||
the Low Income Home Energy Assistance Block
Grant Fund for the | ||
purpose of providing assistance pursuant to Section 6 of
this | ||
Act.
| ||
(Source: P.A. 89-507, eff. 7-1-97.)
| ||
Section 20-70. The Environmental Protection Act is amended |
by changing Sections 4, 9.9, and 22.8 as follows:
| ||
(415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
| ||
Sec. 4. Environmental Protection Agency; establishment; | ||
duties.
| ||
(a) There is established in the Executive Branch of the | ||
State Government an
agency to be known as the Environmental | ||
Protection Agency. This Agency shall
be under the supervision | ||
and direction of a Director who shall be appointed by
the | ||
Governor with the advice and consent of the Senate. The term of | ||
office
of the Director shall expire on the third Monday of | ||
January in odd numbered
years, provided that he or she shall | ||
hold office until a successor is appointed
and has qualified. | ||
For terms ending before December 31, 2019, the Director shall
| ||
receive an annual salary as set by
the Compensation Review | ||
Board. For terms beginning after January 18, 2019 ( the | ||
effective date of Public Act 100-1179) this amendatory Act of | ||
the 100th General Assembly , the Director's annual salary shall | ||
be an amount equal to 15% more than the Director's annual | ||
salary as of December 31, 2018. The calculation of the 2018 | ||
salary base for this adjustment shall not include any cost of | ||
living adjustments, as authorized by Senate Joint Resolution | ||
192 of the 86th General Assembly, for the period beginning | ||
July 1, 2009 to June 30, 2019. Beginning July 1, 2019 and each | ||
July 1 thereafter, the Director shall receive an increase in | ||
salary based on a cost of living adjustment as authorized by |
Senate Joint Resolution 192 of the 86th General Assembly. The | ||
Director, in accord with the Personnel Code, shall employ and
| ||
direct such personnel, and shall provide for such laboratory | ||
and other
facilities, as may be necessary to carry out the | ||
purposes of this Act. In
addition, the Director may by | ||
agreement secure such services as he or she
may deem necessary | ||
from any other department, agency, or unit of the State
| ||
Government, and may employ and compensate such consultants and | ||
technical
assistants as may be required.
| ||
(b) The Agency shall have the duty to collect and | ||
disseminate such
information, acquire such technical data, and | ||
conduct such experiments
as may be required to carry out the | ||
purposes of this Act, including
ascertainment of the quantity | ||
and nature of discharges from any
contaminant source and data | ||
on those sources, and to operate and arrange
for the operation | ||
of devices for the monitoring of environmental quality.
| ||
(c) The Agency shall have authority to conduct a program | ||
of
continuing surveillance and of regular or periodic | ||
inspection of actual
or potential contaminant or noise | ||
sources, of public water supplies, and
of refuse disposal | ||
sites.
| ||
(d) In accordance with constitutional limitations,
the | ||
Agency shall have authority to enter at all reasonable times
| ||
upon any private or public property for the purpose of:
| ||
(1) Inspecting and investigating to ascertain possible | ||
violations of
this Act, any rule or regulation adopted |
under this Act, any permit or
term or condition of a | ||
permit, or any Board order; or
| ||
(2) In accordance with the provisions of this Act, | ||
taking whatever
preventive or corrective action, including | ||
but not limited to removal or
remedial action, that is | ||
necessary or appropriate whenever there is a
release or a | ||
substantial threat of a release of (A) a hazardous
| ||
substance or pesticide or (B) petroleum from an | ||
underground storage tank.
| ||
(e) The Agency shall have the duty to investigate | ||
violations of this
Act, any rule or regulation adopted under | ||
this Act, any permit or
term or condition of a permit, or any | ||
Board order;
to issue administrative citations as provided in | ||
Section 31.1 of this
Act; and to take such summary enforcement | ||
action as is provided
for by Section 34 of this Act.
| ||
(f) The Agency shall appear before the Board in any | ||
hearing upon a
petition for variance or time-limited water | ||
quality standard, the denial of a permit, or the validity or | ||
effect
of a rule or regulation of the Board, and shall have the | ||
authority to
appear before the Board in any hearing under the | ||
Act.
| ||
(g) The Agency shall have the duty to administer, in | ||
accord with
Title X of this Act, such permit and certification | ||
systems as may be
established by this Act or by regulations | ||
adopted thereunder.
The Agency may enter into written | ||
delegation agreements with any department,
agency, or unit of |
State or local government under which all or portions
of this | ||
duty may be delegated for public water supply storage and | ||
transport
systems, sewage collection and transport systems, | ||
air pollution control
sources with uncontrolled emissions of | ||
100 tons per year or less and
application of algicides to | ||
waters of the State. Such delegation
agreements will require | ||
that the work to be performed thereunder will be
in accordance | ||
with Agency criteria, subject to Agency review, and shall
| ||
include such financial and program auditing by the Agency as | ||
may be required.
| ||
(h) The Agency shall have authority to require the | ||
submission of
complete plans and specifications from any | ||
applicant for a permit
required by this Act or by regulations | ||
thereunder, and to require the
submission of such reports | ||
regarding actual or potential violations of
this Act, any rule | ||
or regulation adopted under this Act, any permit or
term or | ||
condition of a permit, or any Board order, as may be necessary | ||
for the purposes of
this Act.
| ||
(i) The Agency shall have authority to make | ||
recommendations to the
Board for the adoption of regulations | ||
under Title VII of the Act.
| ||
(j) The Agency shall have the duty to represent the State | ||
of
Illinois in any and all matters pertaining to plans, | ||
procedures, or
negotiations for interstate compacts or other | ||
governmental arrangements
relating to environmental | ||
protection.
|
(k) The Agency shall have the authority to accept, | ||
receive, and
administer on behalf of the State any grants, | ||
gifts, loans, indirect cost
reimbursements, or other funds | ||
made available to the State from any source
for purposes of | ||
this Act or for air or water pollution control, public water
| ||
supply, solid waste disposal, noise abatement, or other | ||
environmental
protection activities, surveys, or programs. Any | ||
federal funds received by the
Agency pursuant to this | ||
subsection shall be deposited in a trust fund with the
State | ||
Treasurer and held and disbursed by him in accordance with | ||
Treasurer as
Custodian of Funds Act, provided that such monies | ||
shall be used only for the
purposes for which they are | ||
contributed and any balance remaining shall be
returned to the | ||
contributor.
| ||
The Agency is authorized to promulgate such regulations | ||
and enter
into such contracts as it may deem necessary for | ||
carrying out the
provisions of this subsection.
| ||
(l) The Agency is hereby designated as water pollution | ||
agency for
the state for all purposes of the Federal Water | ||
Pollution Control Act, as
amended; as implementing agency for | ||
the State for all purposes of the Safe
Drinking Water Act, | ||
Public Law 93-523, as now or hereafter amended, except
Section | ||
1425 of that Act; as air pollution agency for the state for all
| ||
purposes of the Clean Air Act of 1970, Public Law 91-604, | ||
approved December 31,
1970, as amended; and as solid waste | ||
agency for the state for all purposes of
the Solid Waste |
Disposal Act, Public Law 89-272, approved October 20, 1965,
| ||
and amended by the Resource Recovery Act of 1970, Public Law | ||
91-512, approved
October 26, 1970, as amended, and amended by | ||
the Resource Conservation and
Recovery Act of 1976, (P.L. | ||
94-580) approved October 21, 1976, as amended; as
noise | ||
control agency for the state for all purposes of the Noise | ||
Control Act of
1972, Public Law 92-574, approved October 27, | ||
1972, as amended; and as
implementing agency for the State for | ||
all purposes of the Comprehensive
Environmental Response, | ||
Compensation, and Liability Act of 1980 (P.L. 96-510),
as | ||
amended; and otherwise as pollution control agency for the | ||
State pursuant
to federal laws integrated with the foregoing | ||
laws, for financing purposes or
otherwise. The Agency is | ||
hereby authorized to take all action necessary or
appropriate | ||
to secure to the State the benefits of such federal Acts, | ||
provided
that the Agency shall transmit to the United States | ||
without change any
standards adopted by the Pollution Control | ||
Board pursuant to Section 5(c) of
this Act. This subsection | ||
(l) of Section 4 shall not be construed to bar or
prohibit the | ||
Environmental Protection Trust Fund Commission from accepting,
| ||
receiving, and administering on behalf of the State any | ||
grants, gifts,
loans or other funds for which the Commission | ||
is eligible pursuant to the
Environmental Protection Trust | ||
Fund Act. The Agency is hereby designated as
the State agency | ||
for all purposes of administering the requirements of Section
| ||
313 of the federal Emergency Planning and Community |
Right-to-Know Act of 1986.
| ||
Any municipality, sanitary district, or other political | ||
subdivision,
or any Agency of the State or interstate Agency, | ||
which makes application
for loans or grants under such federal | ||
Acts shall notify the Agency of
such application; the Agency | ||
may participate in proceedings under such
federal Acts.
| ||
(m) The Agency shall have authority, consistent with | ||
Section 5(c)
and other provisions of this Act, and for | ||
purposes of Section 303(e) of
the Federal Water Pollution | ||
Control Act, as now or hereafter amended,
to engage in | ||
planning processes and activities and to develop
plans in | ||
cooperation with units of local government, state agencies and
| ||
officers, and other appropriate persons in connection with the
| ||
jurisdiction or duties of each such unit, agency, officer or | ||
person.
Public hearings shall be held on the planning process, | ||
at which any
person shall be permitted to appear and be heard, | ||
pursuant to procedural
regulations promulgated by the Agency.
| ||
(n) In accordance with the powers conferred upon the | ||
Agency by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, | ||
the Agency shall
have authority to establish and enforce | ||
minimum standards for the
operation of laboratories relating | ||
to analyses and laboratory tests for
air pollution, water | ||
pollution, noise emissions, contaminant discharges
onto land | ||
and sanitary, chemical, and mineral quality of water
| ||
distributed by a public water supply. The Agency may enter | ||
into formal
working agreements with other departments or |
agencies of state
government under which all or portions of | ||
this authority may be
delegated to the cooperating department | ||
or agency.
| ||
(o) The Agency shall have the authority to issue | ||
certificates of
competency to persons and laboratories meeting | ||
the minimum standards
established by the Agency in accordance | ||
with Section 4(n) of this Act
and to promulgate and enforce | ||
regulations relevant to the issuance and
use of such | ||
certificates. The Agency may enter into formal working
| ||
agreements with other departments or agencies of state | ||
government under
which all or portions of this authority may | ||
be delegated to the
cooperating department or agency.
| ||
(p) Except as provided in Section 17.7, the Agency shall | ||
have the
duty to analyze samples as required
from each public | ||
water supply to determine compliance with the
contaminant | ||
levels specified by the Pollution Control Board. The maximum
| ||
number of samples which the Agency shall be required to | ||
analyze for
microbiological quality shall be 6 per month, but | ||
the Agency may, at its
option, analyze a larger number each | ||
month for any supply. Results of
sample analyses for | ||
additional required bacteriological testing,
turbidity, | ||
residual chlorine and radionuclides are to be provided to the
| ||
Agency in accordance with Section 19. Owners of water supplies | ||
may enter
into agreements with the Agency to provide for | ||
reduced Agency
participation in sample analyses.
| ||
(q) The Agency shall have the authority to provide notice |
to any
person who may be liable pursuant to Section 22.2(f) of | ||
this Act for a
release or a substantial threat of a release of | ||
a hazardous substance or
pesticide. Such notice shall include | ||
the identified response action and an
opportunity for such | ||
person to perform the response action.
| ||
(r) The Agency may enter into written delegation | ||
agreements with any
unit of local government under which it | ||
may delegate all or portions of its
inspecting, investigating | ||
and enforcement functions. Such delegation
agreements shall | ||
require that work performed thereunder be in accordance
with | ||
Agency criteria and subject to Agency review.
Notwithstanding | ||
any other provision of law to the contrary, no unit of
local | ||
government shall be liable for any injury resulting from the | ||
exercise
of its authority pursuant to such a delegation | ||
agreement unless the injury
is proximately caused by the | ||
willful and wanton negligence of an agent or
employee of the | ||
unit of local government, and any policy of insurance
coverage | ||
issued to a unit of local government may provide for the denial | ||
of
liability and the nonpayment of claims based upon injuries | ||
for which the unit
of local government is not liable pursuant | ||
to this subsection (r).
| ||
(s) The Agency shall have authority to take whatever | ||
preventive or
corrective action is necessary or appropriate, | ||
including but not limited to
expenditure of monies | ||
appropriated from the Build Illinois Bond Fund and
the Build | ||
Illinois Purposes Fund for removal or remedial action, |
whenever
any hazardous substance or pesticide is released or
| ||
there is a substantial threat of such a release into the | ||
environment. The
State, the Director, and any State employee | ||
shall be indemnified for any
damages or injury arising out of | ||
or resulting from any action taken under
this subsection. The | ||
Director of the Agency is authorized to enter into
such | ||
contracts and agreements as are necessary
to carry out the | ||
Agency's duties under this subsection.
| ||
(t) The Agency shall have authority to distribute grants, | ||
subject to
appropriation by the General Assembly, to units of | ||
local government for financing and construction of
wastewater | ||
facilities in both incorporated and unincorporated areas. With | ||
respect to all monies appropriated
from the Build Illinois | ||
Bond Fund and the Build Illinois Purposes
Fund for wastewater | ||
facility grants, the Agency shall make
distributions in | ||
conformity with the rules and regulations established
pursuant | ||
to the Anti-Pollution Bond Act, as now or hereafter amended.
| ||
(u) Pursuant to the Illinois Administrative Procedure Act, | ||
the
Agency shall have the authority to adopt such rules as are | ||
necessary or
appropriate for the Agency to implement Section | ||
31.1 of this Act.
| ||
(v) (Blank.)
| ||
(w) Neither the State, nor the Director, nor the Board, | ||
nor any State
employee shall be liable for any damages or | ||
injury arising out of or
resulting from any action taken under | ||
subsection (s).
|
(x)(1) The Agency shall have authority to distribute | ||
grants, subject to
appropriation by the General Assembly, to | ||
units of local government for
financing and construction of | ||
public water supply facilities. With respect
to all monies | ||
appropriated from the Build Illinois Bond Fund or the Build
| ||
Illinois Purposes Fund for public water supply grants, such | ||
grants shall be
made in accordance with rules promulgated by | ||
the Agency.
Such rules shall include a requirement for a local | ||
match of 30% of the
total project cost for projects funded | ||
through such grants.
| ||
(2) The Agency shall not terminate a grant to a unit of | ||
local government
for the financing and construction of public | ||
water supply facilities unless
and until the Agency adopts | ||
rules that set forth precise and complete
standards, pursuant | ||
to Section 5-20 of the Illinois Administrative
Procedure Act, | ||
for the termination of such grants. The Agency shall not
make | ||
determinations on whether specific grant conditions are | ||
necessary to
ensure the integrity of a project or on whether | ||
subagreements shall be
awarded, with respect to grants for the | ||
financing and construction of
public water supply facilities, | ||
unless and until the Agency adopts rules
that set forth | ||
precise and complete standards, pursuant to Section 5-20
of | ||
the Illinois Administrative Procedure Act, for making such
| ||
determinations. The Agency shall not issue a stop-work order | ||
in relation to
such grants unless and until the Agency adopts | ||
precise and complete standards,
pursuant to Section 5-20 of |
the Illinois Administrative Procedure Act, for
determining | ||
whether to issue a stop-work order.
| ||
(y) The Agency shall have authority to release any person | ||
from further
responsibility for preventive or corrective | ||
action under this Act following
successful completion of | ||
preventive or corrective action undertaken by such
person upon | ||
written request by the person.
| ||
(z) To the extent permitted by any applicable federal law | ||
or regulation, for all work performed for State construction | ||
projects which are funded in whole or in part by a capital | ||
infrastructure bill enacted by the 96th General Assembly by | ||
sums appropriated to the Environmental Protection Agency, at | ||
least 50% of the total labor hours must be performed by actual | ||
residents of the State of Illinois. For purposes of this | ||
subsection, "actual residents of the State of Illinois" means | ||
persons domiciled in the State of Illinois. The Department of | ||
Labor shall promulgate rules providing for the enforcement of | ||
this subsection. | ||
(aa) The Agency may adopt rules requiring the electronic | ||
submission of any information required to be submitted to the | ||
Agency pursuant to any State or federal law or regulation or | ||
any court or Board order. Any rules adopted under this | ||
subsection (aa) must include, but are not limited to, | ||
identification of the information to be submitted | ||
electronically. | ||
(Source: P.A. 99-937, eff. 2-24-17; 100-1179, eff. 1-18-19.)
|
(415 ILCS 5/9.9)
| ||
Sec. 9.9. Nitrogen oxides trading system.
| ||
(a) The General Assembly finds:
| ||
(1) That USEPA has issued a Final Rule published in | ||
the Federal
Register on October 27, 1998, entitled | ||
"Finding of Significant Contribution and
Rulemaking for | ||
Certain States in the Ozone Transport Assessment Group | ||
Region
for Purposes of Reducing Regional Transport of | ||
Ozone", hereinafter referred to
as the "NOx SIP Call", | ||
compliance with which will require reducing emissions of
| ||
nitrogen oxides ("NOx");
| ||
(2) That reducing emissions of NOx in the State helps | ||
the State to meet
the national ambient air quality | ||
standard for ozone;
| ||
(3) That emissions trading is a cost-effective means | ||
of obtaining
reductions of NOx emissions.
| ||
(b) The Agency shall propose and the Board shall adopt
| ||
regulations to implement an interstate NOx trading program | ||
(hereinafter
referred to as the "NOx Trading Program") as | ||
provided for in 40 CFR
Part 96, including
incorporation by | ||
reference of appropriate provisions of 40 CFR Part 96 and
| ||
regulations to address 40 CFR Section 96.4(b), Section | ||
96.55(c), Subpart E, and
Subpart I. In addition, the Agency | ||
shall propose and the Board shall adopt
regulations to | ||
implement NOx emission reduction programs for cement kilns and
|
stationary
internal combustion engines.
| ||
(c) Allocations of NOx allowances to large electric | ||
generating units
("EGUs") and large non-electric generating | ||
units ("non-EGUs"), as defined by 40
CFR Part 96.4(a), shall | ||
not exceed the State's trading budget for those source
| ||
categories to be included in
the State Implementation Plan for | ||
NOx.
| ||
(d) In adopting regulations to implement the NOx Trading | ||
Program, the Board
shall:
| ||
(1) assure that the economic impact and technical | ||
feasibility of NOx
emissions reductions under the NOx | ||
Trading Program are considered relative to
the traditional | ||
regulatory control requirements in the State for EGUs and
| ||
non-EGUs;
| ||
(2) provide that emission units, as defined in Section | ||
39.5(1) of this
Act, may opt into the NOx Trading Program;
| ||
(3) provide for voluntary reductions of NOx emissions | ||
from emission units,
as defined in Section 39.5(1) of this | ||
Act, not otherwise included under
paragraph (c) or (d)(2) | ||
of this Section to provide additional allowances to
EGUs | ||
and non-EGUs to be allocated by the Agency. The | ||
regulations shall further
provide that such voluntary | ||
reductions are verifiable, quantifiable, permanent,
and | ||
federally enforceable;
| ||
(4) provide that the Agency allocate to non-EGUs | ||
allowances that are
designated in the rule, unless the |
Agency has been directed to transfer the
allocations to | ||
another unit subject to the requirements of the NOx | ||
Trading
Program, and that upon shutdown of a non-EGU, the | ||
unit may transfer or sell the
NOx allowances that are | ||
allocated to such unit;
| ||
(5) provide that the Agency shall set aside annually a | ||
number of
allowances, not to exceed 5% of the total EGU | ||
trading budget, to be made
available to new EGUs; and
| ||
(6)
provide that those EGUs that commence commercial
| ||
operation, as defined
in 40
CFR Section 96.2, at a time | ||
that is more than half way through the control
period in | ||
2003 shall return to the Agency any allowances that were | ||
issued to
it by the Agency and were not used for compliance | ||
in 2004.
| ||
(d-5) The Agency may sell NOx allowances to sources in | ||
Illinois that are
subject
to 35 Ill. Adm. Code 217, either | ||
Subpart U or W, as follows:
| ||
(1) any unearned Early Reduction Credits set aside for | ||
non-EGUs under 35
Ill. Adm. Code 217, Subpart U, but only | ||
to those sources that make qualifying
early reductions of | ||
NOx in 2003 pursuant to 35 Ill. Adm. Code 217 for which
the | ||
source did not receive an allocation thereunder. If the | ||
Agency receives
requests to purchase more ERCs than are | ||
available for sale, allowances shall
be offered for sale | ||
to qualifying sources on a pro-rata basis;
| ||
(2) any remaining Early Reduction Credits allocated |
under 35 Ill. Adm.
Code 217, Subpart U or W, that could not | ||
be allocated on a pro-rata, whole
allowance basis, but | ||
only to those sources that made qualifying early
| ||
reductions of NOx in 2003 pursuant to 35 Ill. Adm. Code 217 | ||
for which the
source did not receive an allocation;
| ||
(3) any allowances under 35 Ill. Adm. Code 217, | ||
Subpart W, that remain
after each 3-year allocation period | ||
that could not be allocated on a
pro-rata, whole allowance | ||
basis pursuant to the provisions of Subpart W; and
| ||
(4) any allowances requested from the New Source Set | ||
Aside for those
sources that commenced operation, as | ||
defined in 40 CFR Section 96.2, on or
after
January 1, | ||
2004.
| ||
(d-10) The selling price for ERC allowances shall be 70% | ||
of the market
price index for 2005 NOx allowances, determined | ||
by the Agency as follows:
| ||
(1) using the mean of 2 or more published market price | ||
indexes for the
2005 NOx allowances as of October 6, 2003; | ||
or
| ||
(2) if there are not 2 published market price indexes | ||
for 2005 NOx
allowances as of October 6, 2003, the Agency | ||
may use any reasonable indication
of market price.
| ||
(e) The Agency may adopt procedural rules, as necessary, | ||
to implement the
regulations promulgated by the Board pursuant | ||
to subsections (b) and (d) and
to implement subsections (d-5), | ||
(d-10), (i), and (j) of
this Section.
|
(f) Notwithstanding any provisions in subparts T, U, and W | ||
of Section 217
of Title 35 of the Illinois Administrative Code | ||
to the contrary, compliance
with the regulations promulgated | ||
by the Board pursuant to subsections (b) and
(d) of this | ||
Section is required by May 31, 2004.
| ||
(g) To the extent that a court of competent jurisdiction | ||
finds a provision
of 40 CFR Part 96 invalid, the corresponding | ||
Illinois provision shall
be stayed until such provision of 40 | ||
CFR Part 96 is found to be valid or is
re-promulgated. To the | ||
extent that USEPA or any court of competent
jurisdiction stays | ||
the applicability of any provision of the NOx SIP Call to
any | ||
person or circumstance relating to Illinois, during the period | ||
of that
stay, the effectiveness of the corresponding Illinois | ||
provision shall be
stayed. To the extent that the invalidity | ||
of the particular requirement or
application does not affect
| ||
other provisions or applications of the NOx SIP Call pursuant | ||
to 40 CFR 51.121
or the NOx trading program pursuant to 40 CFR | ||
Part 96 or 40 CFR Part 97, this
Section, and rules or | ||
regulations promulgated hereunder, will be given
effect | ||
without the invalid provisions or applications.
| ||
(h) Notwithstanding any other provision of this Act, any | ||
source or other
authorized person that participates in the NOx | ||
Trading Program shall be
eligible to exchange NOx allowances | ||
with other sources in accordance with
this Section and with | ||
regulations promulgated by the Board or the Agency.
| ||
(i) (Blank). There is hereby created within the State |
Treasury an interest-bearing
special fund to be known as the | ||
NOx Trading System Fund. Moneys generated
from the sale of NOx | ||
allowances from the New Source Set Aside or the sale of
| ||
allowances pursuant to subsection (d-5) of this Section shall | ||
be deposited into
the Fund. This Fund shall be used
and | ||
administered by the Agency for the purposes stated below:
| ||
(1) To accept funds from persons who purchase NOx | ||
allowances from the
New Source Set Aside from the
Agency;
| ||
(2) To disburse the proceeds of the sale of the NOx
| ||
allowances from the New Source Set Aside, to the extent | ||
that proceeds remain
after the Agency has recouped the | ||
reasonable costs incurred by the Agency in
the | ||
administration of the NOx SIP Call Program, pro-rata to | ||
the
owners or operators of the EGUs that received
| ||
allowances from the Agency but not from the Agency's New | ||
Source Set Aside, in accordance
with regulations that may | ||
be promulgated by the Agency; and
| ||
(3) To finance the reasonable costs incurred by the | ||
Agency in the
administration of the NOx SIP Call Program.
| ||
(j) Moneys generated from the sale of early reduction | ||
credits
shall be deposited into the Clean Air Act Permit Fund | ||
created pursuant to
Section 39.5(18)(d) of this Act, and the | ||
proceeds
shall be used and administered by the Agency to | ||
finance the costs associated
with the Clean Air Act Permit | ||
Program.
| ||
(Source: P.A. 92-12, eff. 7-1-01; 92-279, eff. 8-7-01; 93-669, |
eff. 3-19-04.)
| ||
(415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
| ||
Sec. 22.8. Environmental Protection Permit and Inspection | ||
Fund.
| ||
(a) There is hereby created in the State Treasury a | ||
special fund to be known
as the Environmental Protection | ||
Permit and Inspection Fund. All fees collected
by the Agency | ||
pursuant to this Section, Section 9.6, 12.2, 16.1, 56.4, 56.5, | ||
56.6, and subsection (f) of Section 5 of this
Act, or pursuant | ||
to Section 22 of the Public Water Supply Operations Act or | ||
Section 1011 of the Solid Waste Site Operator Certification | ||
Law, as well as
funds collected under subsection (b.5) of | ||
Section 42 of this Act,
shall be deposited into the Fund. In | ||
addition to any monies appropriated
from the General Revenue | ||
Fund, monies in the Fund shall be appropriated
by the General | ||
Assembly to the Agency in amounts deemed necessary for
| ||
manifest, permit, and inspection activities and for performing | ||
its functions, powers, and duties under the Solid Waste Site | ||
Operator Certification Law.
| ||
The General Assembly may appropriate monies in the Fund | ||
deemed necessary
for Board regulatory and adjudicatory | ||
proceedings.
| ||
(a-5) (Blank). As soon as practicable after the effective | ||
date of this amendatory Act of the 98th General Assembly, but | ||
no later than January 1, 2014, the State Comptroller shall |
direct and the State Treasurer shall transfer all monies in | ||
the Industrial Hygiene Regulatory and Enforcement Fund to the | ||
Environmental Protection Permit and Inspection Fund to be used | ||
in accordance with the terms of the Environmental Protection | ||
Permit and Inspection Fund. | ||
(a-6) (Blank). As soon as practicable after the effective | ||
date of this amendatory Act of the 98th General Assembly, but | ||
no later than December 31, 2014, the State Comptroller shall | ||
order the transfer of, and the State Treasurer shall transfer, | ||
all moneys in the Hazardous Waste Occupational Licensing Fund | ||
into the Environmental Protection Permit and Inspection Fund | ||
to be used in accordance with the terms of the Environmental | ||
Protection Permit and Inspection Fund. | ||
(b) The Agency shall collect from the
owner or operator of | ||
any of the following types of hazardous waste disposal
sites | ||
or management facilities which require a RCRA permit under | ||
subsection
(f) of Section 21 of this Act, or a UIC permit under | ||
subsection (g) of Section
12 of this Act, an annual fee in the | ||
amount of:
| ||
(1) $35,000 ($70,000 beginning in 2004)
for a | ||
hazardous waste disposal site receiving hazardous
waste if | ||
the hazardous waste disposal site is located off the site | ||
where
such waste was produced;
| ||
(2) $9,000 ($18,000 beginning in 2004)
for a hazardous | ||
waste disposal site receiving hazardous waste
if the | ||
hazardous waste disposal site is located on the site where |
such
waste was produced;
| ||
(3) $7,000 ($14,000 beginning in 2004)
for a hazardous | ||
waste disposal site receiving hazardous waste
if the | ||
hazardous waste disposal site is an underground injection | ||
well;
| ||
(4) $2,000 ($4,000 beginning in 2004)
for a hazardous | ||
waste management facility treating
hazardous waste by | ||
incineration;
| ||
(5) $1,000 ($2,000 beginning in 2004)
for a hazardous | ||
waste management facility treating hazardous
waste by a | ||
method, technique or process other than incineration;
| ||
(6) $1,000 ($2,000 beginning in 2004)
for a hazardous | ||
waste management facility storing hazardous
waste in a | ||
surface impoundment or pile;
| ||
(7) $250 ($500 beginning in 2004)
for a hazardous | ||
waste management facility storing hazardous
waste other | ||
than in a surface impoundment or pile; and
| ||
(8) Beginning in 2004, $500 for a large quantity | ||
hazardous waste
generator required to submit an annual or | ||
biennial report for hazardous waste
generation.
| ||
(c) Where two or more operational units are located within | ||
a single
hazardous waste disposal site, the Agency shall | ||
collect from the owner or
operator of such site an annual fee | ||
equal to the highest fee imposed by
subsection (b) of this | ||
Section upon any single operational unit within the
site.
| ||
(d) The fee imposed upon a hazardous waste disposal site |
under this
Section shall be the exclusive permit and | ||
inspection fee applicable to
hazardous waste disposal at such | ||
site, provided that nothing in this
Section shall be construed | ||
to diminish or otherwise affect any fee imposed
upon the owner | ||
or operator of a hazardous waste disposal site by Section | ||
22.2.
| ||
(e) The Agency shall establish procedures, no later than | ||
December 1,
1984, relating to the collection of the hazardous | ||
waste disposal site
fees authorized by this Section. Such | ||
procedures shall include, but not be
limited to the time and | ||
manner of payment of fees to the Agency, which
shall be | ||
quarterly, payable at the beginning of each quarter for | ||
hazardous
waste disposal site fees. Annual fees required under | ||
paragraph (7) of
subsection (b) of this Section shall | ||
accompany the annual report required
by Board regulations for | ||
the calendar year for which the report applies.
| ||
(f) For purposes of this Section, a hazardous waste | ||
disposal site
consists of one or more of the following | ||
operational units:
| ||
(1) a landfill receiving hazardous waste for disposal;
| ||
(2) a waste pile or surface impoundment, receiving | ||
hazardous waste, in
which residues which exhibit any of | ||
the characteristics of hazardous waste
pursuant to Board | ||
regulations are reasonably expected to remain after | ||
closure;
| ||
(3) a land treatment facility receiving hazardous |
waste; or
| ||
(4) a well injecting hazardous waste.
| ||
(g) The Agency shall assess a fee for each manifest | ||
provided by the
Agency. For manifests provided on or after | ||
January 1, 1989 but before July 1,
2003, the fee shall be $1 | ||
per manifest. For manifests provided on or after
July 1, 2003, | ||
the fee shall be $3 per manifest.
| ||
(Source: P.A. 98-78, eff. 7-15-13; 98-692, eff. 7-1-14; | ||
98-822, eff. 8-1-14.)
| ||
Section 20-75. The Toxic Pollution Prevention Act is | ||
amended by changing Section 5 as follows:
| ||
(415 ILCS 85/5) (from Ch. 111 1/2, par. 7955)
| ||
Sec. 5. Toxic Pollution Prevention Assistance Program. | ||
There is
hereby established a Toxic Pollution Prevention | ||
Assistance Program at the Illinois Sustainable Technology
| ||
Center. The Center may establish
cooperative programs with | ||
public and private colleges and universities
designed to | ||
augment the implementation of this Section. The Center may
| ||
establish fees, tuition, or other financial charges for | ||
participation in
the Assistance Program. These monies shall be | ||
deposited in the Toxic
Pollution Prevention Fund established | ||
in Section 7 of this Act. Through the
Assistance Program, the | ||
Center:
| ||
(1) Shall provide general information about and |
actively publicize the
advantages of and developments in | ||
toxic pollution prevention and sustainability practices.
| ||
(2) May establish courses, seminars, conferences and | ||
other events, and
reports, updates, guides and other | ||
publications and other means of
providing technical | ||
information for industries, local governments and
citizens | ||
concerning toxic pollution prevention strategies, and may, | ||
as
appropriate, work in cooperation with the Agency.
| ||
(3) Shall engage in research on toxic pollution | ||
prevention
methods. Such research shall include | ||
assessments of the impact
of adopting toxic pollution | ||
prevention methods on the environment, the
public health, | ||
and worker exposure, and assessments of the impact on
| ||
profitability and employment within affected industries.
| ||
(4) Shall provide on-site technical
consulting, to the | ||
extent practicable, to help facilities to
identify | ||
opportunities for toxic pollution prevention, and to | ||
develop
comprehensive toxic pollution prevention plans | ||
that would include water, energy, and solid waste. To be | ||
eligible for such
consulting, the owner or operator of a | ||
facility must agree to allow
information regarding the | ||
results of such consulting to be shared with the
public, | ||
provided that the identity of the facility shall be made | ||
available only
with its consent, and trade secret | ||
information shall remain protected.
| ||
(5) May sponsor pilot projects in cooperation with the
|
Agency, or an institute of higher education to develop
and | ||
demonstrate innovative technologies and methods for toxic | ||
pollution
prevention and sustainable development. The | ||
results of all such projects shall be available for use by
| ||
the public, but trade secret information shall remain | ||
protected.
| ||
(6) May award grants for activities that further the | ||
purposes of this
Act, including but not limited to the | ||
following:
| ||
(A) grants to not-for-profit organizations to | ||
establish free or
low-cost technical assistance or | ||
educational programs to supplement the
toxic pollution | ||
prevention activities of the Center;
| ||
(B) grants to assist trade associations, business | ||
organizations, labor
organizations and educational | ||
institutions in developing training materials
to | ||
foster toxic pollution prevention; and
| ||
(C) grants to assist industry, business | ||
organizations, labor
organizations, education | ||
institutions and industrial hygienists to
identify, | ||
evaluate and implement toxic pollution prevention | ||
measures and
alternatives through audits, plans and | ||
programs.
| ||
The Center may establish criteria and terms for such | ||
grants, including a
requirement that a grantee provide | ||
matching funds. Grant money awarded
under this Section may |
not be spent for capital improvements or equipment.
| ||
In determining whether to award a grant, the Center | ||
shall
consider at least the following:
| ||
(i) the potential of the project to prevent | ||
pollution;
| ||
(ii) the likelihood that the project will develop | ||
techniques or
processes that will minimize the | ||
transfer of pollution from one
environmental medium to | ||
another;
| ||
(iii) the extent to which information to be | ||
developed through the
project will be applicable to | ||
other persons in the State; and
| ||
(iv) the willingness of the grant applicant to | ||
assist the Center in
disseminating information about | ||
the pollution prevention methods to be
developed | ||
through the project.
| ||
(7) Shall establish and operate a State information | ||
clearinghouse
that
assembles, catalogues and disseminates | ||
information about toxic pollution
prevention and available | ||
consultant services. Such clearinghouse shall
include a | ||
computer database containing information on managerial, | ||
technical
and operational approaches to achieving toxic | ||
pollution prevention. The
computer database must be | ||
maintained on a system designed to enable
businesses, | ||
governmental agencies and the general public readily to | ||
obtain
information specific to production technologies, |
materials, operations and
products. A business shall not | ||
be required to submit to the clearinghouse
any information | ||
that is a trade secret.
| ||
(8) May contract with an established institution of | ||
higher education
to assist the Center in carrying out the | ||
provisions of this Section. The
assistance provided by | ||
such an institution may include, but need not be
limited | ||
to:
| ||
(A) engineering field internships to assist | ||
industries in
identifying
toxic pollution prevention | ||
opportunities;
| ||
(B) development of a toxic pollution prevention | ||
curriculum for
students and faculty; and
| ||
(C) applied toxic pollution prevention and | ||
recycling research.
| ||
(9) Shall emphasize assistance to businesses that have | ||
inadequate
technical and financial resources to obtain | ||
information and to assess and
implement toxic pollution | ||
prevention methods.
| ||
(10) Shall publish a biannual report on its toxic | ||
pollution
prevention and sustainable development | ||
activities, achievements, identified problems and future | ||
goals.
| ||
(Source: P.A. 98-346, eff. 8-14-13.)
| ||
Section 20-80. The Illinois Endangered Species Protection |
Act is amended by changing Section 10 as follows:
| ||
(520 ILCS 10/10) (from Ch. 8, par. 340)
| ||
Sec. 10.
The Endangered and Threatened Species Program | ||
shall be
located within the Department of Conservation . All | ||
fines collected under
this Act shall be paid to the State
| ||
Treasurer and deposited in the Illinois Wildlife Preservation | ||
Nongame Wildlife Conservation Fund.
| ||
(Source: P.A. 84-1065.)
| ||
Section 20-85. The Illinois Vehicle Code is amended by | ||
changing Section 11-1429 as follows: | ||
(625 ILCS 5/11-1429) | ||
Sec. 11-1429. Excessive idling. | ||
(a) The purpose of this law is to protect public health and | ||
the environment by reducing emissions while conserving fuel | ||
and maintaining adequate rest and safety of all drivers of | ||
diesel vehicles. | ||
(b) As used in this Section, "affected areas" means the | ||
counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, | ||
St. Clair, and Monroe and the townships of Aux Sable and Goose | ||
Lake in Grundy County and the township of Oswego in Kendall | ||
County. | ||
(c) A person that operates a motor
vehicle operating on | ||
diesel fuel in an affected area may not cause or allow the
|
motor vehicle, when it is not in motion, to idle for more than
| ||
a total of 10 minutes within any 60 minute period, except under | ||
the following circumstances:
| ||
(1) the motor vehicle has a Gross Vehicle Weight | ||
Rating
of less than 8,000 pounds;
| ||
(2) the motor vehicle idles while forced to remain | ||
motionless because of on-highway traffic, an official | ||
traffic control device or signal, or at the direction of a | ||
law enforcement official;
| ||
(3) the motor vehicle idles when operating defrosters, | ||
heaters, air conditioners, or other equipment solely to | ||
prevent a safety or health emergency;
| ||
(4) a police, fire, ambulance, public safety, other | ||
emergency or law enforcement motor vehicle, or any motor | ||
vehicle used in an emergency capacity, idles while in an | ||
emergency or training mode and not for the convenience of | ||
the vehicle operator;
| ||
(5) the primary propulsion engine idles for | ||
maintenance, servicing, repairing, or diagnostic purposes | ||
if idling is necessary for such activity;
| ||
(6) a motor vehicle idles as part of a government | ||
inspection to verify that all equipment is in good working | ||
order, provided idling is required as part of the | ||
inspection;
| ||
(7) when idling of the motor vehicle is required to | ||
operate auxiliary equipment to accomplish the intended use |
of the vehicle (such as loading, unloading, mixing, or | ||
processing cargo; controlling cargo temperature; | ||
construction operations; lumbering operations; oil or gas | ||
well servicing; or farming operations), provided that this | ||
exemption does not apply when the vehicle is idling solely | ||
for cabin comfort or to operate non-essential equipment | ||
such as air conditioning, heating, microwave ovens, or | ||
televisions;
| ||
(8) an armored motor vehicle idles when a person | ||
remains inside the vehicle to guard the contents, or while | ||
the vehicle is being loaded or unloaded;
| ||
(9) a bus idles a maximum of 15 minutes in any 60 | ||
minute period to maintain passenger comfort while | ||
non-driver passengers are on board;
| ||
(10) if the motor vehicle has a sleeping berth, when | ||
the operator is occupying the vehicle during a rest or | ||
sleep period and idling of the vehicle is required to | ||
operate air conditioning or heating;
| ||
(11) when the motor vehicle idles due to mechanical | ||
difficulties over which the operator has no control;
| ||
(12) the motor vehicle is used as airport ground | ||
support
equipment, including, but not limited to, motor | ||
vehicles
operated on the air side of the airport terminal | ||
to service
or supply aircraft;
| ||
(13) the motor vehicle is (i) a bus owned by a public
| ||
transit authority and (ii) being operated on a designated
|
bus route or on a street or highway between designated bus
| ||
routes for the provision of public transportation;
| ||
(14) the motor vehicle is an implement of husbandry
| ||
exempt from registration under subdivision A(2) of Section
| ||
3-402 of this Code;
| ||
(15) the motor vehicle is owned by an electric utility | ||
and is operated for electricity generation or hydraulic | ||
pressure to power equipment necessary in the restoration, | ||
repair, modification or installation of electric utility | ||
service; | ||
(16) the outdoor temperature is less than 32 degrees | ||
Fahrenheit or greater than 80 degrees Fahrenheit; or | ||
(17) the motor vehicle idles while being operated by a | ||
remote starter system. | ||
(d) When the outdoor temperature is 32 degrees Fahrenheit | ||
or higher and 80 degrees Fahrenheit or lower, a person who | ||
operates a motor vehicle operating on diesel fuel in an | ||
affected area may not cause or allow the motor vehicle to idle | ||
for a period greater than 30 minutes in any 60 minute period | ||
while waiting to weigh, load, or unload cargo or freight, | ||
unless the vehicle is in a line of vehicles that regularly and | ||
periodically moves forward.
| ||
(e) This Section does not prohibit the operation of an | ||
auxiliary power unit or generator set as an alternative to | ||
idling the main engine of a motor vehicle operating on diesel | ||
fuel.
|
(f) This Section does not apply to the owner of a motor | ||
vehicle rented or leased to another entity or person operating | ||
the vehicle. | ||
(g) Any person convicted of any violation of this Section | ||
is guilty of
a petty offense and shall be fined $90 for the | ||
first
conviction and $500 for a second or subsequent | ||
conviction
within any 12 month period.
| ||
(h) Fines; distribution. All fines and all penalties | ||
collected under this Section shall be deposited in the State | ||
Treasury and shall be distributed as follows: (i) $50 for the | ||
first conviction and $150 for a second or subsequent | ||
conviction within any 12 month period under this Section shall | ||
be deposited into the State's General Revenue Fund; (ii) $20 | ||
for the first conviction and $262.50 for a second or | ||
subsequent conviction within any 12 month period under this | ||
Section shall be distributed to the law enforcement agency | ||
that issued the citation; and (iii) $20 for the first | ||
conviction and $87.50 for a second or subsequent conviction | ||
within any 12 month period under this Section shall be | ||
deposited into the Vehicle Inspection Trucking Environmental | ||
and Education Fund. | ||
(i) (Blank). The Trucking Environmental and Education Fund | ||
is created as a special fund in the State Treasury. All money | ||
deposited into the Trucking Environmental and Education Fund | ||
shall be paid, subject to appropriation by the General | ||
Assembly, to the Illinois Environmental Protection Agency for |
the purpose of educating the trucking industry on air | ||
pollution and preventative measures specifically related to | ||
idling. Any interest earned on deposits into the Fund shall | ||
remain in the Fund and be used for the purposes set forth in | ||
this subsection. Notwithstanding any other law to the | ||
contrary, the Fund is not subject to administrative charges or | ||
charge-backs that would in any way transfer moneys from the | ||
Fund into any other fund of the State. | ||
(j) Notwithstanding any other provision of this Section, a | ||
person who operates a motor vehicle with a gross vehicle | ||
weight rating of 8,000 pounds or more operating on diesel fuel | ||
on property that (i) offers paid parking services to vehicle | ||
owners, (ii) does not involve fuel dispensing, and (iii) is | ||
located in an affected area within a county of over 3 million | ||
residents but outside of a municipality of over 2 million | ||
residents may not cause or allow the motor vehicle, when it is | ||
not in motion, to idle for more than a total of 10 minutes | ||
within any 60-minute period under any circumstances if the | ||
vehicle is within 200 feet of a residential area. This Section | ||
may be enforced by either the law enforcement agency having | ||
jurisdiction over the residential area or the law enforcement | ||
agency having jurisdiction over the property on which the | ||
violation took place. This subsection does not apply to: | ||
(1) school buses; | ||
(2) waste hauling vehicles; | ||
(3) facilities operated by the Department of |
Transportation; | ||
(4) vehicles owned by a public utility and operated to | ||
power equipment necessary in the restoration, repair, | ||
modification, or installation of a utility service; or | ||
(5) ambulances. | ||
(Source: P.A. 100-435, eff. 8-25-17; 101-319, eff. 1-1-20 .) | ||
Section 20-90. The Unified Code of Corrections is amended | ||
by changing Section 5-9-1.8 as follows:
| ||
(730 ILCS 5/5-9-1.8)
| ||
Sec. 5-9-1.8. Child pornography fines. Beginning July 1, | ||
2006, 100% of the fines in
excess of $10,000 collected for | ||
violations of Section 11-20.1 of the Criminal
Code of 1961 or | ||
the Criminal Code of 2012 shall be deposited into the Child | ||
Abuse Prevention Fund that is
created in the State Treasury . | ||
Moneys in the Fund resulting from the fines
shall be for the | ||
use of the
Department of Children and Family Services for | ||
grants to private entities
giving treatment and counseling to | ||
victims of child sexual abuse. | ||
Notwithstanding any other provision of law, in addition to | ||
any other transfers that may be provided by law, on July 1, | ||
2006, or as soon thereafter as practical, the State | ||
Comptroller shall direct and the State Treasurer shall | ||
transfer the remaining balance from the Child Sexual Abuse | ||
Fund into the Child Abuse Prevention Fund. Upon completion of |
the transfer, the Child Sexual Abuse Fund is dissolved, and | ||
any future deposits due to that Fund and any outstanding | ||
obligations or liabilities of the Fund pass to the Child Abuse | ||
Prevention Fund.
| ||
(Source: P.A. 97-1150, eff. 1-25-13.)
| ||
Section 20-95. The Franchise Tax and License Fee Amnesty | ||
Act of 2007 is amended by changing Section 5-10 as follows: | ||
(805 ILCS 8/5-10)
| ||
Sec. 5-10. Amnesty program. The Secretary shall establish | ||
an amnesty program for all taxpayers owing any franchise tax | ||
or license fee imposed by Article XV of the Business | ||
Corporation Act of 1983. The amnesty program shall be for a | ||
period from February 1, 2008 through March 15, 2008. The | ||
amnesty program shall also be for a period between October 1, | ||
2019 and November 15, 2019, and shall apply to franchise tax or | ||
license fee liabilities for any tax period ending after March | ||
15, 2008 and on or before June 30, 2019. The amnesty program | ||
shall provide that, upon payment by a taxpayer of all | ||
franchise taxes and license fees due from that taxpayer to the | ||
State of Illinois for any taxable period, the Secretary shall | ||
abate and not seek to collect any interest or penalties that | ||
may be applicable, and the Secretary shall not seek civil or | ||
criminal prosecution for any taxpayer for the period of time | ||
for which amnesty has been granted to the taxpayer. Failure to |
pay all taxes due to the State for a taxable period shall not | ||
invalidate any amnesty granted under this Act with respect to | ||
the taxes paid pursuant to the amnesty program. Amnesty shall | ||
be granted only if all amnesty conditions are satisfied by the | ||
taxpayer. Amnesty shall not be granted to taxpayers who are a | ||
party to any criminal investigation or to any civil or | ||
criminal litigation that is pending in any circuit court or | ||
appellate court or the Supreme Court of this State for | ||
nonpayment, delinquency, or fraud in relation to any franchise | ||
tax or license fee imposed by Article XV of the Business | ||
Corporation Act of 1983. Voluntary payments made under this | ||
Act shall be made by check, guaranteed remittance, or ACH | ||
debit. The Secretary shall adopt rules as necessary to | ||
implement the provisions of this Act. Except as otherwise | ||
provided in this Section, all money collected under this Act | ||
that would otherwise be deposited into the General Revenue | ||
Fund shall be deposited into the General Revenue Fund. Two | ||
percent of all money collected under this Act shall be | ||
deposited by the State Treasurer into the Department of | ||
Business Services Special Operations Fund and, subject to | ||
appropriation, shall be used by the Secretary to cover costs | ||
associated with the administration of this Act.
| ||
(Source: P.A. 101-9, eff. 6-5-19; 101-604, eff. 12-13-19.) | ||
Section 20-100. The Consumer Fraud and Deceptive Business | ||
Practices Act is amended by changing Section 7 as follows:
|
(815 ILCS 505/7) (from Ch. 121 1/2, par. 267)
| ||
Sec. 7. Injunctive relief; restitution; and civil | ||
penalties.
| ||
(a) Whenever the Attorney General or a State's Attorney | ||
has reason to
believe that any person is using, has used, or is | ||
about to use any method,
act or practice declared by this Act | ||
to be
unlawful, and that proceedings would be in the public | ||
interest, he or she
may bring an action in the name of the | ||
People of the State against
such person to restrain by | ||
preliminary or permanent injunction the use of
such method, | ||
act or practice. The Court, in its discretion, may exercise
| ||
all powers necessary, including but not limited to: | ||
injunction;
revocation, forfeiture or suspension of any | ||
license, charter, franchise,
certificate or other evidence of | ||
authority of any person to do business in
this State; | ||
appointment of a receiver; dissolution of domestic | ||
corporations
or association suspension or termination of the | ||
right of foreign
corporations or associations to do business | ||
in this State; and restitution.
| ||
(b) In addition to the remedies provided herein, the | ||
Attorney General or
State's Attorney may request and the Court | ||
may impose a civil penalty in a sum
not to exceed $50,000 | ||
against any person found by the Court to have engaged in
any | ||
method, act or practice declared unlawful under this Act.
In | ||
the event the court finds the method, act or practice to have |
been entered
into with the intent to defraud, the court has the | ||
authority to impose a
civil penalty in a sum not to exceed | ||
$50,000 per violation.
| ||
(c) In addition to any other civil penalty provided in | ||
this Section, if a
person is found by the court to have engaged | ||
in any method, act, or practice
declared unlawful under this | ||
Act, and the violation was committed against a
person 65 years | ||
of age or older, the court may impose an additional civil
| ||
penalty not to exceed $10,000 for each violation.
| ||
A civil penalty imposed under this subsection (c) shall be | ||
paid to the
State Treasurer
who shall deposit the money in the | ||
State treasury in a special fund designated
the Department on | ||
Aging State Projects Elderly Victim Fund. The Treasurer shall | ||
deposit such moneys into the
Fund monthly. All of the moneys | ||
deposited into the Fund shall be appropriated
to the | ||
Department on Aging for grants to senior centers in Illinois.
| ||
An award of restitution under subsection (a) has priority | ||
over a civil
penalty
imposed by the court under this | ||
subsection.
| ||
In determining whether to impose a civil penalty under | ||
this subsection
and the amount of any penalty, the court shall | ||
consider the following:
| ||
(1) Whether the defendant's conduct was in willful | ||
disregard of the rights
of the person 65 years of age or | ||
older.
| ||
(2) Whether the defendant knew or should have known |
that the defendant's
conduct was directed to a person 65 | ||
years of age or older.
| ||
(3) Whether the person 65 years of age or older was | ||
substantially more
vulnerable to the defendant's conduct | ||
because of age, poor health, infirmity,
impaired | ||
understanding, restricted mobility, or disability, than | ||
other persons.
| ||
(4) Any other factors the court deems appropriate.
| ||
(d) This Section applies if: (i) a court orders a party to | ||
make payments
to the Attorney General and the payments are to | ||
be used for the operations of
the Office of the Attorney | ||
General or (ii) a party agrees, in an Assurance of
Voluntary | ||
Compliance under this Act, to make payments to the Attorney | ||
General
for the operations of the Office of the Attorney | ||
General.
| ||
(e) Moneys paid under any of the conditions described in | ||
subsection (d)
shall be deposited into the Attorney General | ||
Court Ordered and Voluntary
Compliance Payment Projects Fund, | ||
which is created as a special fund in the
State Treasury. | ||
Moneys in the Fund shall be used, subject to appropriation,
| ||
for the performance of any function pertaining to the exercise | ||
of the duties of
the Attorney General including but not | ||
limited to enforcement of any law of
this State and conducting | ||
public education programs; however, any moneys in the
Fund | ||
that are required by the court or by an agreement to be used | ||
for a
particular purpose shall be used for that purpose.
|
(Source: P.A. 93-246, eff. 7-22-03.)
| ||
ARTICLE 25. FINANCE-SPECIAL FUNDS REPEAL
| ||
(20 ILCS 690/Act rep.)
| ||
Section 25-5. The Rural Diversification Act is repealed.
| ||
(20 ILCS 1305/10-20 rep.)
| ||
Section 25-10. The Department of Human Services Act is | ||
amended by repealing Section 10-20.
| ||
(20 ILCS 2310/2310-370 rep.)
| ||
Section 25-15. The Department of Public Health Powers and | ||
Duties Law of the
Civil Administrative Code of Illinois is | ||
amended by repealing Section 2310-370. | ||
(20 ILCS 2705/2705-610 rep.) | ||
Section 25-20. The Department of Transportation Law of the
| ||
Civil Administrative Code of Illinois is amended by repealing | ||
Section 2705-610.
| ||
(20 ILCS 3930/9.2 rep.)
| ||
Section 25-25. The Illinois Criminal Justice Information | ||
Act is amended by repealing Section 9.2.
| ||
(30 ILCS 105/5.216 rep.)
|
(30 ILCS 105/5.480 rep.)
| ||
(30 ILCS 105/5.502 rep.)
| ||
(30 ILCS 105/5.524 rep.)
| ||
(30 ILCS 105/5.578 rep.)
| ||
(30 ILCS 105/5.638 rep.)
| ||
(30 ILCS 105/5.655 rep.)
| ||
(30 ILCS 105/5.662 rep.)
| ||
(30 ILCS 105/5.718 rep.) | ||
(30 ILCS 105/5.732 rep.) | ||
(30 ILCS 105/5.838 rep.) | ||
(30 ILCS 105/5.917 rep.)
| ||
(30 ILCS 105/5.923 rep.)
| ||
(30 ILCS 105/5.925 rep.)
| ||
(30 ILCS 105/6y rep.)
| ||
(30 ILCS 105/6z-68 rep.) | ||
(30 ILCS 105/6z-71 rep.)
| ||
(30 ILCS 105/8.8b rep.)
| ||
(30 ILCS 105/8.23 rep.)
| ||
(30 ILCS 105/8.25b rep.)
| ||
(30 ILCS 105/8.25d rep.)
| ||
(30 ILCS 105/8.41 rep.)
| ||
(30 ILCS 105/8.42 rep.)
| ||
(30 ILCS 105/8.43 rep.) | ||
(30 ILCS 105/8.44 rep.) | ||
(30 ILCS 105/8.45 rep.) | ||
(30 ILCS 105/8.46 rep.) |
(30 ILCS 105/8.47 rep.) | ||
(30 ILCS 105/8.48 rep.) | ||
(30 ILCS 105/8.49 rep.) | ||
(30 ILCS 105/8.50 rep.) | ||
(30 ILCS 105/8.52 rep.) | ||
(30 ILCS 105/8.55 rep.)
| ||
(30 ILCS 105/8d rep.)
| ||
(30 ILCS 105/8e rep.)
| ||
(30 ILCS 105/8h rep.)
| ||
(30 ILCS 105/8i rep.)
| ||
(30 ILCS 105/8m rep.) | ||
(30 ILCS 105/8n rep.) | ||
(30 ILCS 105/8o rep.) | ||
(30 ILCS 105/9.07 rep.) | ||
(30 ILCS 105/8r rep.) | ||
(30 ILCS 105/14.2 rep.) | ||
(30 ILCS 105/24.12 rep.) | ||
(30 ILCS 105/24.13 rep.) | ||
(30 ILCS 105/25.2 rep.) | ||
(30 ILCS 105/25.5 rep.) | ||
Section 25-30. The State Finance Act is amended by | ||
repealing Sections 5.216, 5.480, 5.502, 5.524, 5.578, 5.638, | ||
5.655, 5.662, 5.718, 5.732, 5.838, 5.917, 5.923, 5.925, 6y, | ||
6z-68, 6z-71, 8.8b, 8.23, 8.25b, 8.25d, 8.41, 8.42, 8.43, | ||
8.44, 8.45, 8.46, 8.47, 8.48, 8.49, 8.50, 8.52, 8.55, 8d, 8e, | ||
8h, 8i, 8m, 8n, 8o, 9.07, 8r, 14.2, 24.12, 24.13, 25.2, and |
25.5. | ||
(30 ILCS 605/8.2 rep.) | ||
Section 25-35. The State Property Control Act is amended | ||
by repealing Section 8.2. | ||
(30 ILCS 750/Art. 3 rep.) | ||
Section 25-40. The Build Illinois Act is amended by | ||
repealing Article 3.
| ||
(415 ILCS 85/7 rep.)
| ||
Section 25-45. The Toxic Pollution Prevention Act is | ||
amended by repealing Section 7. | ||
(430 ILCS 65/5.1 rep.) | ||
Section 25-50. The Firearm Owners Identification Card Act | ||
is amended by repealing Section 5.1. | ||
ARTICLE 30. COMMUNITY CARE PROGRAM | ||
Section 30-5. The Illinois Act on the Aging is amended by | ||
changing Section 4.02 as follows:
| ||
(20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
| ||
Sec. 4.02. Community Care Program. The Department shall | ||
establish a program of services to
prevent unnecessary |
institutionalization of persons age 60 and older in
need of | ||
long term care or who are established as persons who suffer | ||
from
Alzheimer's disease or a related disorder under the | ||
Alzheimer's Disease
Assistance Act, thereby enabling them
to | ||
remain in their own homes or in other living arrangements. | ||
Such
preventive services, which may be coordinated with other | ||
programs for the
aged and monitored by area agencies on aging | ||
in cooperation with the
Department, may include, but are not | ||
limited to, any or all of the following:
| ||
(a) (blank);
| ||
(b) (blank);
| ||
(c) home care aide services;
| ||
(d) personal assistant services;
| ||
(e) adult day services;
| ||
(f) home-delivered meals;
| ||
(g) education in self-care;
| ||
(h) personal care services;
| ||
(i) adult day health services;
| ||
(j) habilitation services;
| ||
(k) respite care;
| ||
(k-5) community reintegration services;
| ||
(k-6) flexible senior services; | ||
(k-7) medication management; | ||
(k-8) emergency home response;
| ||
(l) other nonmedical social services that may enable | ||
the person
to become self-supporting; or
|
(m) clearinghouse for information provided by senior | ||
citizen home owners
who want to rent rooms to or share | ||
living space with other senior citizens.
| ||
The Department shall establish eligibility standards for | ||
such
services. In determining the amount and nature of | ||
services
for which a person may qualify, consideration shall | ||
not be given to the
value of cash, property or other assets | ||
held in the name of the person's
spouse pursuant to a written | ||
agreement dividing marital property into equal
but separate | ||
shares or pursuant to a transfer of the person's interest in a
| ||
home to his spouse, provided that the spouse's share of the | ||
marital
property is not made available to the person seeking | ||
such services.
| ||
Beginning January 1, 2008, the Department shall require as | ||
a condition of eligibility that all new financially eligible | ||
applicants apply for and enroll in medical assistance under | ||
Article V of the Illinois Public Aid Code in accordance with | ||
rules promulgated by the Department.
| ||
The Department shall, in conjunction with the Department | ||
of Public Aid (now Department of Healthcare and Family | ||
Services),
seek appropriate amendments under Sections 1915 and | ||
1924 of the Social
Security Act. The purpose of the amendments | ||
shall be to extend eligibility
for home and community based | ||
services under Sections 1915 and 1924 of the
Social Security | ||
Act to persons who transfer to or for the benefit of a
spouse | ||
those amounts of income and resources allowed under Section |
1924 of
the Social Security Act. Subject to the approval of | ||
such amendments, the
Department shall extend the provisions of | ||
Section 5-4 of the Illinois
Public Aid Code to persons who, but | ||
for the provision of home or
community-based services, would | ||
require the level of care provided in an
institution, as is | ||
provided for in federal law. Those persons no longer
found to | ||
be eligible for receiving noninstitutional services due to | ||
changes
in the eligibility criteria shall be given 45 days | ||
notice prior to actual
termination. Those persons receiving | ||
notice of termination may contact the
Department and request | ||
the determination be appealed at any time during the
45 day | ||
notice period. The target
population identified for the | ||
purposes of this Section are persons age 60
and older with an | ||
identified service need. Priority shall be given to those
who | ||
are at imminent risk of institutionalization. The services | ||
shall be
provided to eligible persons age 60 and older to the | ||
extent that the cost
of the services together with the other | ||
personal maintenance
expenses of the persons are reasonably | ||
related to the standards
established for care in a group | ||
facility appropriate to the person's
condition. These | ||
non-institutional services, pilot projects or
experimental | ||
facilities may be provided as part of or in addition to
those | ||
authorized by federal law or those funded and administered by | ||
the
Department of Human Services. The Departments of Human | ||
Services, Healthcare and Family Services,
Public Health, | ||
Veterans' Affairs, and Commerce and Economic Opportunity and
|
other appropriate agencies of State, federal and local | ||
governments shall
cooperate with the Department on Aging in | ||
the establishment and development
of the non-institutional | ||
services. The Department shall require an annual
audit from | ||
all personal assistant
and home care aide vendors contracting | ||
with
the Department under this Section. The annual audit shall | ||
assure that each
audited vendor's procedures are in compliance | ||
with Department's financial
reporting guidelines requiring an | ||
administrative and employee wage and benefits cost split as | ||
defined in administrative rules. The audit is a public record | ||
under
the Freedom of Information Act. The Department shall | ||
execute, relative to
the nursing home prescreening project, | ||
written inter-agency
agreements with the Department of Human | ||
Services and the Department
of Healthcare and Family Services, | ||
to effect the following: (1) intake procedures and common
| ||
eligibility criteria for those persons who are receiving | ||
non-institutional
services; and (2) the establishment and | ||
development of non-institutional
services in areas of the | ||
State where they are not currently available or are
| ||
undeveloped. On and after July 1, 1996, all nursing home | ||
prescreenings for
individuals 60 years of age or older shall | ||
be conducted by the Department.
| ||
As part of the Department on Aging's routine training of | ||
case managers and case manager supervisors, the Department may | ||
include information on family futures planning for persons who | ||
are age 60 or older and who are caregivers of their adult |
children with developmental disabilities. The content of the | ||
training shall be at the Department's discretion. | ||
The Department is authorized to establish a system of | ||
recipient copayment
for services provided under this Section, | ||
such copayment to be based upon
the recipient's ability to pay | ||
but in no case to exceed the actual cost of
the services | ||
provided. Additionally, any portion of a person's income which
| ||
is equal to or less than the federal poverty standard shall not | ||
be
considered by the Department in determining the copayment. | ||
The level of
such copayment shall be adjusted whenever | ||
necessary to reflect any change
in the officially designated | ||
federal poverty standard.
| ||
The Department, or the Department's authorized | ||
representative, may
recover the amount of moneys expended for | ||
services provided to or in
behalf of a person under this | ||
Section by a claim against the person's
estate or against the | ||
estate of the person's surviving spouse, but no
recovery may | ||
be had until after the death of the surviving spouse, if
any, | ||
and then only at such time when there is no surviving child who
| ||
is under age 21 or blind or who has a permanent and total | ||
disability. This
paragraph, however, shall not bar recovery, | ||
at the death of the person, of
moneys for services provided to | ||
the person or in behalf of the person under
this Section to | ||
which the person was not entitled;
provided that such recovery | ||
shall not be enforced against any real estate while
it is | ||
occupied as a homestead by the surviving spouse or other |
dependent, if no
claims by other creditors have been filed | ||
against the estate, or, if such
claims have been filed, they | ||
remain dormant for failure of prosecution or
failure of the | ||
claimant to compel administration of the estate for the | ||
purpose
of payment. This paragraph shall not bar recovery from | ||
the estate of a spouse,
under Sections 1915 and 1924 of the | ||
Social Security Act and Section 5-4 of the
Illinois Public Aid | ||
Code, who precedes a person receiving services under this
| ||
Section in death. All moneys for services
paid to or in behalf | ||
of the person under this Section shall be claimed for
recovery | ||
from the deceased spouse's estate. "Homestead", as used
in | ||
this paragraph, means the dwelling house and
contiguous real | ||
estate occupied by a surviving spouse
or relative, as defined | ||
by the rules and regulations of the Department of Healthcare | ||
and Family Services, regardless of the value of the property.
| ||
The Department shall increase the effectiveness of the | ||
existing Community Care Program by: | ||
(1) ensuring that in-home services included in the | ||
care plan are available on evenings and weekends; | ||
(2) ensuring that care plans contain the services that | ||
eligible participants
need based on the number of days in | ||
a month, not limited to specific blocks of time, as | ||
identified by the comprehensive assessment tool selected | ||
by the Department for use statewide, not to exceed the | ||
total monthly service cost maximum allowed for each | ||
service; the Department shall develop administrative rules |
to implement this item (2); | ||
(3) ensuring that the participants have the right to | ||
choose the services contained in their care plan and to | ||
direct how those services are provided, based on | ||
administrative rules established by the Department; | ||
(4) ensuring that the determination of need tool is | ||
accurate in determining the participants' level of need; | ||
to achieve this, the Department, in conjunction with the | ||
Older Adult Services Advisory Committee, shall institute a | ||
study of the relationship between the Determination of | ||
Need scores, level of need, service cost maximums, and the | ||
development and utilization of service plans no later than | ||
May 1, 2008; findings and recommendations shall be | ||
presented to the Governor and the General Assembly no | ||
later than January 1, 2009; recommendations shall include | ||
all needed changes to the service cost maximums schedule | ||
and additional covered services; | ||
(5) ensuring that homemakers can provide personal care | ||
services that may or may not involve contact with clients, | ||
including but not limited to: | ||
(A) bathing; | ||
(B) grooming; | ||
(C) toileting; | ||
(D) nail care; | ||
(E) transferring; | ||
(F) respiratory services; |
(G) exercise; or | ||
(H) positioning; | ||
(6) ensuring that homemaker program vendors are not | ||
restricted from hiring homemakers who are family members | ||
of clients or recommended by clients; the Department may | ||
not, by rule or policy, require homemakers who are family | ||
members of clients or recommended by clients to accept | ||
assignments in homes other than the client; | ||
(7) ensuring that the State may access maximum federal | ||
matching funds by seeking approval for the Centers for | ||
Medicare and Medicaid Services for modifications to the | ||
State's home and community based services waiver and | ||
additional waiver opportunities, including applying for | ||
enrollment in the Balance Incentive Payment Program by May | ||
1, 2013, in order to maximize federal matching funds; this | ||
shall include, but not be limited to, modification that | ||
reflects all changes in the Community Care Program | ||
services and all increases in the services cost maximum; | ||
(8) ensuring that the determination of need tool | ||
accurately reflects the service needs of individuals with | ||
Alzheimer's disease and related dementia disorders; | ||
(9) ensuring that services are authorized accurately | ||
and consistently for the Community Care Program (CCP); the | ||
Department shall implement a Service Authorization policy | ||
directive; the purpose shall be to ensure that eligibility | ||
and services are authorized accurately and consistently in |
the CCP program; the policy directive shall clarify | ||
service authorization guidelines to Care Coordination | ||
Units and Community Care Program providers no later than | ||
May 1, 2013; | ||
(10) working in conjunction with Care Coordination | ||
Units, the Department of Healthcare and Family Services, | ||
the Department of Human Services, Community Care Program | ||
providers, and other stakeholders to make improvements to | ||
the Medicaid claiming processes and the Medicaid | ||
enrollment procedures or requirements as needed, | ||
including, but not limited to, specific policy changes or | ||
rules to improve the up-front enrollment of participants | ||
in the Medicaid program and specific policy changes or | ||
rules to insure more prompt submission of bills to the | ||
federal government to secure maximum federal matching | ||
dollars as promptly as possible; the Department on Aging | ||
shall have at least 3 meetings with stakeholders by | ||
January 1, 2014 in order to address these improvements; | ||
(11) requiring home care service providers to comply | ||
with the rounding of hours worked provisions under the | ||
federal Fair Labor Standards Act (FLSA) and as set forth | ||
in 29 CFR 785.48(b) by May 1, 2013; | ||
(12) implementing any necessary policy changes or | ||
promulgating any rules, no later than January 1, 2014, to | ||
assist the Department of Healthcare and Family Services in | ||
moving as many participants as possible, consistent with |
federal regulations, into coordinated care plans if a care | ||
coordination plan that covers long term care is available | ||
in the recipient's area; and | ||
(13) maintaining fiscal year 2014 rates at the same | ||
level established on January 1, 2013. | ||
By January 1, 2009 or as soon after the end of the Cash and | ||
Counseling Demonstration Project as is practicable, the | ||
Department may, based on its evaluation of the demonstration | ||
project, promulgate rules concerning personal assistant | ||
services, to include, but need not be limited to, | ||
qualifications, employment screening, rights under fair labor | ||
standards, training, fiduciary agent, and supervision | ||
requirements. All applicants shall be subject to the | ||
provisions of the Health Care Worker Background Check Act.
| ||
The Department shall develop procedures to enhance | ||
availability of
services on evenings, weekends, and on an | ||
emergency basis to meet the
respite needs of caregivers. | ||
Procedures shall be developed to permit the
utilization of | ||
services in successive blocks of 24 hours up to the monthly
| ||
maximum established by the Department. Workers providing these | ||
services
shall be appropriately trained.
| ||
Beginning on the effective date of this amendatory Act of | ||
1991, no person
may perform chore/housekeeping and home care | ||
aide services under a program
authorized by this Section | ||
unless that person has been issued a certificate
of | ||
pre-service to do so by his or her employing agency. |
Information
gathered to effect such certification shall | ||
include (i) the person's name,
(ii) the date the person was | ||
hired by his or her current employer, and
(iii) the training, | ||
including dates and levels. Persons engaged in the
program | ||
authorized by this Section before the effective date of this
| ||
amendatory Act of 1991 shall be issued a certificate of all | ||
pre- and
in-service training from his or her employer upon | ||
submitting the necessary
information. The employing agency | ||
shall be required to retain records of
all staff pre- and | ||
in-service training, and shall provide such records to
the | ||
Department upon request and upon termination of the employer's | ||
contract
with the Department. In addition, the employing | ||
agency is responsible for
the issuance of certifications of | ||
in-service training completed to their
employees.
| ||
The Department is required to develop a system to ensure | ||
that persons
working as home care aides and personal | ||
assistants
receive increases in their
wages when the federal | ||
minimum wage is increased by requiring vendors to
certify that | ||
they are meeting the federal minimum wage statute for home | ||
care aides
and personal assistants. An employer that cannot | ||
ensure that the minimum
wage increase is being given to home | ||
care aides and personal assistants
shall be denied any | ||
increase in reimbursement costs.
| ||
The Community Care Program Advisory Committee is created | ||
in the Department on Aging. The Director shall appoint | ||
individuals to serve in the Committee, who shall serve at |
their own expense. Members of the Committee must abide by all | ||
applicable ethics laws. The Committee shall advise the | ||
Department on issues related to the Department's program of | ||
services to prevent unnecessary institutionalization. The | ||
Committee shall meet on a bi-monthly basis and shall serve to | ||
identify and advise the Department on present and potential | ||
issues affecting the service delivery network, the program's | ||
clients, and the Department and to recommend solution | ||
strategies. Persons appointed to the Committee shall be | ||
appointed on, but not limited to, their own and their agency's | ||
experience with the program, geographic representation, and | ||
willingness to serve. The Director shall appoint members to | ||
the Committee to represent provider, advocacy, policy | ||
research, and other constituencies committed to the delivery | ||
of high quality home and community-based services to older | ||
adults. Representatives shall be appointed to ensure | ||
representation from community care providers including, but | ||
not limited to, adult day service providers, homemaker | ||
providers, case coordination and case management units, | ||
emergency home response providers, statewide trade or labor | ||
unions that represent home care
aides and direct care staff, | ||
area agencies on aging, adults over age 60, membership | ||
organizations representing older adults, and other | ||
organizational entities, providers of care, or individuals | ||
with demonstrated interest and expertise in the field of home | ||
and community care as determined by the Director. |
Nominations may be presented from any agency or State | ||
association with interest in the program. The Director, or his | ||
or her designee, shall serve as the permanent co-chair of the | ||
advisory committee. One other co-chair shall be nominated and | ||
approved by the members of the committee on an annual basis. | ||
Committee members' terms of appointment shall be for 4 years | ||
with one-quarter of the appointees' terms expiring each year. | ||
A member shall continue to serve until his or her replacement | ||
is named. The Department shall fill vacancies that have a | ||
remaining term of over one year, and this replacement shall | ||
occur through the annual replacement of expiring terms. The | ||
Director shall designate Department staff to provide technical | ||
assistance and staff support to the committee. Department | ||
representation shall not constitute membership of the | ||
committee. All Committee papers, issues, recommendations, | ||
reports, and meeting memoranda are advisory only. The | ||
Director, or his or her designee, shall make a written report, | ||
as requested by the Committee, regarding issues before the | ||
Committee.
| ||
The Department on Aging and the Department of Human | ||
Services
shall cooperate in the development and submission of | ||
an annual report on
programs and services provided under this | ||
Section. Such joint report
shall be filed with the Governor | ||
and the General Assembly on or before
September 30 each year.
| ||
The requirement for reporting to the General Assembly | ||
shall be satisfied
by filing copies of the report
as required |
by Section 3.1 of the General Assembly Organization Act and
| ||
filing such additional copies with the State Government Report | ||
Distribution
Center for the General Assembly as is required | ||
under paragraph (t) of
Section 7 of the State Library Act.
| ||
Those persons previously found eligible for receiving | ||
non-institutional
services whose services were discontinued | ||
under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||
not meet the eligibility standards in effect
on or after July | ||
1, 1992, shall remain ineligible on and after July 1,
1992. | ||
Those persons previously not required to cost-share and who | ||
were
required to cost-share effective March 1, 1992, shall | ||
continue to meet
cost-share requirements on and after July 1, | ||
1992. Beginning July 1, 1992,
all clients will be required to | ||
meet
eligibility, cost-share, and other requirements and will | ||
have services
discontinued or altered when they fail to meet | ||
these requirements. | ||
For the purposes of this Section, "flexible senior | ||
services" refers to services that require one-time or periodic | ||
expenditures including, but not limited to, respite care, home | ||
modification, assistive technology, housing assistance, and | ||
transportation.
| ||
The Department shall implement an electronic service | ||
verification based on global positioning systems or other | ||
cost-effective technology for the Community Care Program no | ||
later than January 1, 2014. | ||
The Department shall require, as a condition of |
eligibility, enrollment in the medical assistance program | ||
under Article V of the Illinois Public Aid Code (i) beginning | ||
August 1, 2013, if the Auditor General has reported that the | ||
Department has failed
to comply with the reporting | ||
requirements of Section 2-27 of
the Illinois State Auditing | ||
Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||
reported that the
Department has not undertaken the required | ||
actions listed in
the report required by subsection (a) of | ||
Section 2-27 of the
Illinois State Auditing Act. | ||
The Department shall delay Community Care Program services | ||
until an applicant is determined eligible for medical | ||
assistance under Article V of the Illinois Public Aid Code (i) | ||
beginning August 1, 2013, if the Auditor General has reported | ||
that the Department has failed
to comply with the reporting | ||
requirements of Section 2-27 of
the Illinois State Auditing | ||
Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||
reported that the
Department has not undertaken the required | ||
actions listed in
the report required by subsection (a) of | ||
Section 2-27 of the
Illinois State Auditing Act. | ||
The Department shall implement co-payments for the | ||
Community Care Program at the federally allowable maximum | ||
level (i) beginning August 1, 2013, if the Auditor General has | ||
reported that the Department has failed
to comply with the | ||
reporting requirements of Section 2-27 of
the Illinois State | ||
Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | ||
General has reported that the
Department has not undertaken |
the required actions listed in
the report required by | ||
subsection (a) of Section 2-27 of the
Illinois State Auditing | ||
Act. | ||
The Department shall continue to provide other Community | ||
Care Program reports as required by statute. | ||
The Department shall provide a bi-monthly report on the | ||
progress of the Community Care Program reforms set forth in | ||
this amendatory Act of the 98th General Assembly to the | ||
Governor, the Speaker of the House of Representatives, the | ||
Minority Leader of the House of Representatives, the
President | ||
of the
Senate, and the Minority Leader of the Senate. | ||
The Department shall conduct a quarterly review of Care | ||
Coordination Unit performance and adherence to service | ||
guidelines. The quarterly review shall be reported to the | ||
Speaker of the House of Representatives, the Minority Leader | ||
of the House of Representatives, the
President of the
Senate, | ||
and the Minority Leader of the Senate. The Department shall | ||
collect and report longitudinal data on the performance of | ||
each care coordination unit. Nothing in this paragraph shall | ||
be construed to require the Department to identify specific | ||
care coordination units. | ||
In regard to community care providers, failure to comply | ||
with Department on Aging policies shall be cause for | ||
disciplinary action, including, but not limited to, | ||
disqualification from serving Community Care Program clients. | ||
Each provider, upon submission of any bill or invoice to the |
Department for payment for services rendered, shall include a | ||
notarized statement, under penalty of perjury pursuant to | ||
Section 1-109 of the Code of Civil Procedure, that the | ||
provider has complied with all Department policies. | ||
The Director of the Department on Aging shall make | ||
information available to the State Board of Elections as may | ||
be required by an agreement the State Board of Elections has | ||
entered into with a multi-state voter registration list | ||
maintenance system. | ||
Within 30 days after July 6, 2017 (the effective date of | ||
Public Act 100-23), rates shall be increased to $18.29 per | ||
hour, for the purpose of increasing, by at least $.72 per hour, | ||
the wages paid by those vendors to their employees who provide | ||
homemaker services. The Department shall pay an enhanced rate | ||
under the Community Care Program to those in-home service | ||
provider agencies that offer health insurance coverage as a | ||
benefit to their direct service worker employees consistent | ||
with the mandates of Public Act 95-713. For State fiscal years | ||
2018 and 2019, the enhanced rate shall be $1.77 per hour. The | ||
rate shall be adjusted using actuarial analysis based on the | ||
cost of care, but shall not be set below $1.77 per hour. The | ||
Department shall adopt rules, including emergency rules under | ||
subsections (y) and (bb) of Section 5-45 of the Illinois | ||
Administrative Procedure Act, to implement the provisions of | ||
this paragraph. | ||
The General Assembly finds it necessary to authorize an |
aggressive Medicaid enrollment initiative designed to maximize | ||
federal Medicaid funding for the Community Care Program which | ||
produces significant savings for the State of Illinois. The | ||
Department on Aging shall establish and implement a Community | ||
Care Program Medicaid Initiative. Under the Initiative, the
| ||
Department on Aging shall, at a minimum: (i) provide an | ||
enhanced rate to adequately compensate care coordination units | ||
to enroll eligible Community Care Program clients into | ||
Medicaid; (ii) use recommendations from a stakeholder | ||
committee on how best to implement the Initiative; and (iii) | ||
establish requirements for State agencies to make enrollment | ||
in the State's Medical Assistance program easier for seniors. | ||
The Community Care Program Medicaid Enrollment Oversight | ||
Subcommittee is created as a subcommittee of the Older Adult | ||
Services Advisory Committee established in Section 35 of the | ||
Older Adult Services Act to make recommendations on how best | ||
to increase the number of medical assistance recipients who | ||
are enrolled in the Community Care Program. The Subcommittee | ||
shall consist of all of the following persons who must be | ||
appointed within 30 days after the effective date of this | ||
amendatory Act of the 100th General Assembly: | ||
(1) The Director of Aging, or his or her designee, who | ||
shall serve as the chairperson of the Subcommittee. | ||
(2) One representative of the Department of Healthcare | ||
and Family Services, appointed by the Director of | ||
Healthcare and Family Services. |
(3) One representative of the Department of Human | ||
Services, appointed by the Secretary of Human Services. | ||
(4) One individual representing a care coordination | ||
unit, appointed by the Director of Aging. | ||
(5) One individual from a non-governmental statewide | ||
organization that advocates for seniors, appointed by the | ||
Director of Aging. | ||
(6) One individual representing Area Agencies on | ||
Aging, appointed by the Director of Aging. | ||
(7) One individual from a statewide association | ||
dedicated to Alzheimer's care, support, and research, | ||
appointed by the Director of Aging. | ||
(8) One individual from an organization that employs | ||
persons who provide services under the Community Care | ||
Program, appointed by the Director of Aging. | ||
(9) One member of a trade or labor union representing | ||
persons who provide services under the Community Care | ||
Program, appointed by the Director of Aging. | ||
(10) One member of the Senate, who shall serve as | ||
co-chairperson, appointed by the President of the Senate. | ||
(11) One member of the Senate, who shall serve as | ||
co-chairperson, appointed by the Minority Leader of the | ||
Senate. | ||
(12) One member of the House of
Representatives, who | ||
shall serve as co-chairperson, appointed by the Speaker of | ||
the House of Representatives. |
(13) One member of the House of Representatives, who | ||
shall serve as co-chairperson, appointed by the Minority | ||
Leader of the House of Representatives. | ||
(14) One individual appointed by a labor organization | ||
representing frontline employees at the Department of | ||
Human Services. | ||
The Subcommittee shall provide oversight to the Community | ||
Care Program Medicaid Initiative and shall meet quarterly. At | ||
each Subcommittee meeting the Department on Aging shall | ||
provide the following data sets to the Subcommittee: (A) the | ||
number of Illinois residents, categorized by planning and | ||
service area, who are receiving services under the Community | ||
Care Program and are enrolled in the State's Medical | ||
Assistance Program; (B) the number of Illinois residents, | ||
categorized by planning and service area, who are receiving | ||
services under the Community Care Program, but are not | ||
enrolled in the State's Medical Assistance Program; and (C) | ||
the number of Illinois residents, categorized by planning and | ||
service area, who are receiving services under the Community | ||
Care Program and are eligible for benefits under the State's | ||
Medical Assistance Program, but are not enrolled in the | ||
State's Medical Assistance Program. In addition to this data, | ||
the Department on Aging shall provide the Subcommittee with | ||
plans on how the Department on Aging will reduce the number of | ||
Illinois residents who are not enrolled in the State's Medical | ||
Assistance Program but who are eligible for medical assistance |
benefits. The Department on Aging shall enroll in the State's | ||
Medical Assistance Program those Illinois residents who | ||
receive services under the Community Care Program and are | ||
eligible for medical assistance benefits but are not enrolled | ||
in the State's Medicaid Assistance Program. The data provided | ||
to the Subcommittee shall be made available to the public via | ||
the Department on Aging's website. | ||
The Department on Aging, with the involvement of the | ||
Subcommittee, shall collaborate with the Department of Human | ||
Services and the Department of Healthcare and Family Services | ||
on how best to achieve the responsibilities of the Community | ||
Care Program Medicaid Initiative. | ||
The Department on Aging, the Department of Human Services, | ||
and the Department of Healthcare and Family Services shall | ||
coordinate and implement a streamlined process for seniors to | ||
access benefits under the State's Medical Assistance Program. | ||
The Subcommittee shall collaborate with the Department of | ||
Human Services on the adoption of a uniform application | ||
submission process. The Department of Human Services and any | ||
other State agency involved with processing the medical | ||
assistance application of any person enrolled in the Community | ||
Care Program shall include the appropriate care coordination | ||
unit in all communications related to the determination or | ||
status of the application. | ||
The Community Care Program Medicaid Initiative shall | ||
provide targeted funding to care coordination units to help |
seniors complete their applications for medical assistance | ||
benefits. On and after July 1, 2019, care coordination units | ||
shall receive no less than $200 per completed application, | ||
which rate may be included in a bundled rate for initial intake | ||
services when Medicaid application assistance is provided in | ||
conjunction with the initial intake process for new program | ||
participants. | ||
The Community Care Program Medicaid Initiative shall cease | ||
operation 5 years after the effective date of this amendatory | ||
Act of the 100th General Assembly, after which the | ||
Subcommittee shall dissolve. | ||
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||
100-1148, eff. 12-10-18; 101-10, eff. 6-5-19.) | ||
ARTICLE 35. OCCUPATIONAL STANDARDS | ||
Section 35-5. The Employee Washroom Act is amended by | ||
adding Section 0.05 as follows: | ||
(820 ILCS 230/0.05 new) | ||
Sec. 0.05. Federal regulations; operation of Act. | ||
(a) Except as provided in subsection (b), Sections 1 | ||
through 5 of this Act are inoperative on and after the | ||
effective date of this amendatory Act of the 102nd General | ||
Assembly. | ||
(b) If at any time the Occupational Safety and Health |
standard at 29 CFR 1910.141 is repealed or revoked, the | ||
Director of Labor shall adopt a rule setting forth a | ||
determination that this Act should be reviewed and reinstated | ||
in order to protect the health and safety of Illinois' | ||
workers. On the date such a rule is adopted, this Act shall | ||
again become operative. | ||
Section 35-10. The Work Under Compressed Air Act is | ||
amended by adding Section 1.5 as follows: | ||
(820 ILCS 245/1.5 new) | ||
Sec. 1.5. Federal regulations; operation of Act. | ||
(a) Except as provided in subsection (b), Sections 1 | ||
through 6 of this Act are inoperative on and after the | ||
effective date of this amendatory Act of the 102nd General | ||
Assembly. | ||
(b) If at any time the Safety and Health Regulations for | ||
Construction standards at 29 CFR 1926.800 through 29 CFR | ||
1926.804 are repealed or revoked, the Director of Labor shall | ||
adopt a rule setting forth a determination that this Act | ||
should be reviewed and reinstated, in whole or in part, in | ||
order to protect the health and safety of Illinois' workers. | ||
On the date such a rule is adopted, this Act shall again become | ||
operative. | ||
Section 35-15. The Underground Sewer Employee Safety Act |
is amended by changing Section 1 and by adding Section 0.05 as | ||
follows: | ||
(820 ILCS 250/0.05 new) | ||
Sec. 0.05. Federal regulations; operation of Act. | ||
(a) Except as provided in subsection (b), Sections 1 | ||
through 6 of this Act are inoperative on and after the | ||
effective date of this amendatory Act of the 102nd General | ||
Assembly. | ||
(b) If at any time the Occupational Safety and Health | ||
standards at 29 CFR 1910.120, 29 CFR 1910.146 or the Safety and | ||
Health Regulations for Construction standards 29 CFR 1926.1201 | ||
through 29 CFR 1926.1213 are repealed or revoked, the Director | ||
of Labor shall adopt a rule setting forth a determination that | ||
this Act should be reviewed and reinstated, in whole or in | ||
part, in order to protect the health and safety of Illinois' | ||
workers. On the date such a rule is adopted, this Act shall | ||
again become operative.
| ||
(820 ILCS 250/1) (from Ch. 48, par. 1101)
| ||
Sec. 1.
This Act shall apply to all employers engaged in | ||
any occupation,
business or enterprise in this State, | ||
including the State of Illinois and
its political | ||
subdivisions , except that in the event of a conflict between
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this Act and any other Federal or State law or regulation | ||
concerning health
and safety of employees, such other law or |
regulation shall control .
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(Source: P.A. 81-772.)
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Section 35-20. The Toxic Substances Disclosure to | ||
Employees Act is amended by changing Section 1.5 as follows: | ||
(820 ILCS 255/1.5) | ||
Sec. 1.5. Federal regulations; operation of Act. | ||
(a) Except as provided in subsection (b), Sections 2 | ||
through 17 of this Act are inoperative on and after the | ||
effective date of this amendatory Act of the 102nd 95th | ||
General Assembly , and the Department of Labor shall instead | ||
enforce the Occupational Safety and Health Administration | ||
Hazard Communication standards at 29 CFR 1910.1200, as | ||
amended .
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(b) If at any time the Occupational Safety and Health | ||
Administration Hazard Communication standard at 29 CFR | ||
1910.1200 is repealed or revoked, the Director of Labor shall | ||
adopt a rule setting forth a determination that this Act | ||
should be reviewed and reinstated in order to protect the | ||
health and safety of Illinois' public sector workers. On the | ||
date such a rule is adopted, this Act shall again become | ||
operative.
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(Source: P.A. 95-623, eff. 9-17-07.) | ||
ARTICLE 40. HEALTH CARE |
(110 ILCS 330/8a rep.) | ||
Section 40-5. The University of Illinois Hospital Act is | ||
amended by repealing Section 8a.
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(110 ILCS 340/Act rep.)
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Section 40-10. The University of Illinois Gerontological | ||
Committee Act is repealed. | ||
(110 ILCS 430/Act rep.) | ||
Section 40-15. The Illinois Health Policy Center Act is | ||
repealed. | ||
Section 40-20. The Health in All Policies Act is amended | ||
by changing Section 10 as follows: | ||
(410 ILCS 155/10)
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Sec. 10. Workgroup. | ||
(a) The University of Illinois at Chicago School of Public | ||
Health, in consultation with the Department of Public Health, | ||
shall convene a workgroup to review legislation and make new | ||
policy recommendations relating to the health of residents of | ||
the State. | ||
(b) The workgroup shall examine the following: | ||
(1) The health of residents of the State, to the | ||
extent necessary to carry out the requirements of this |
Act. | ||
(2) Ways for units of local government and State | ||
agencies to collaborate in implementing policies that will | ||
positively impact the health of residents of the State. | ||
(3) The impact of the following on the health of | ||
residents of the State: | ||
(A) Access to safe and affordable housing. | ||
(B) Educational attainment. | ||
(C) Opportunities for employment. | ||
(D) Economic stability. | ||
(E) Inclusion, diversity, and equity in the | ||
workplace. | ||
(F) Barriers to career success and promotion in | ||
the workplace. | ||
(G) Access to transportation and mobility. | ||
(H) Social justice. | ||
(I) Environmental factors. | ||
(J) Public safety, including the impact of crime, | ||
citizen unrest, the criminal justice system, and | ||
governmental policies that affect individuals who are | ||
in prison or released from prison. | ||
(c) The workgroup, using a health in all policies | ||
framework, shall perform the following: | ||
(1) Review and make recommendations regarding how | ||
health considerations may be incorporated into the | ||
decision-making processes of government agencies and |
private stakeholders who interact with government | ||
agencies. | ||
(2) Foster collaboration among units of local | ||
government and State agencies. | ||
(3) Develop laws and policies to improve health and | ||
reduce health inequities. | ||
(4) Make recommendations regarding how to implement | ||
laws and policies to improve health and reduce health | ||
inequities. | ||
(d) The workgroup shall consist of the following members: | ||
(1) The Secretary of Human Services, or the | ||
Secretary's designee. | ||
(2) The Secretary of Transportation, or the | ||
Secretary's designee. | ||
(3) The Director of the Illinois Environmental | ||
Protection Agency, or the Director's designee. | ||
(4) The Director of Agriculture, or the Director's | ||
designee. | ||
(5) The Director of Labor, or the Director's designee. | ||
(6) The Director of Public Health, or the Director's | ||
designee. | ||
(7) One representative of a statewide public health | ||
association. | ||
(8) One administrator of a Federally Qualified Health | ||
Center. | ||
(9) One administrator of a public health department |
local to the University of Illinois at Chicago. | ||
(10) One representative of an association representing | ||
hospitals and health systems. | ||
(11) The Director of Healthcare and Family Services, | ||
or the Director's designee. | ||
(12) The State Superintendent of Education, or the | ||
Superintendent's designee. | ||
(13) The Director of Corrections, or the Director's | ||
designee. | ||
(14) The Chair of the Criminal Justice Information | ||
Authority, or the Chair's designee. | ||
(15) The Director of Commerce and Economic | ||
Opportunity, or the Director's designee. | ||
(16) The Director of Aging, or the Director's | ||
designee. | ||
(17) One representative of the Office of the Governor | ||
appointed by the Governor. | ||
(18) One representative of a local health department | ||
located in a county with a population of less than | ||
3,000,000. | ||
(19) One representative of a statewide public health | ||
institute representing multisector public health system | ||
stakeholders. | ||
(20) Two representatives of organizations that | ||
represent minority populations in public health. | ||
(21) One representative of a statewide organization |
representing physicians licensed to practice medicine in | ||
all its branches. | ||
(e) To the extent practicable, the members of the | ||
workgroup shall reflect the geographic, racial, ethnic, | ||
cultural, and gender diversity of the State. | ||
(f) Workgroup members shall serve without compensation. | ||
(g) A State agency or entity shall, in a timely manner, | ||
provide information in response to requests for information | ||
submitted by the workgroup, except where that information is | ||
otherwise prohibited from disclosure or dissemination by | ||
federal or State law, rules or regulations implementing | ||
federal or State law, or a court order. | ||
(h) The Department of Public Health shall provide | ||
administrative and other support to the workgroup.
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(i) The workgroup shall meet at least twice a year and at | ||
other times as it deems appropriate. The workgroup shall | ||
prepare a report that summarizes its work and makes | ||
recommendations resulting from its study. On an annual basis, | ||
the University of Illinois at Chicago School of Public Health, | ||
in consultation with the Department of Public Health and | ||
members of the workgroup, shall determine a focus area for the | ||
report. Focus areas may include, but are not limited to, the | ||
areas designated in subsection (b) of Section 10. The | ||
workgroup shall submit the report of its findings and | ||
recommendations to the General Assembly by December 31, 2022 | ||
2020 and by December 31 of each year thereafter. The annual |
report and recommendations shall be shared with the Department | ||
of Public Health and the State Board of Health and shall be | ||
considered in the development of the State Health Improvement | ||
Plan every 5 years.
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(Source: P.A. 101-250, eff. 1-1-20 .) | ||
ARTICLE 45. ILLINOIS IMMIGRANT IMPACT TASK FORCE REPORT | ||
Section 45-5. The Illinois Immigrant Impact Task Force Act | ||
is amended by changing Section 5 as follows: | ||
(20 ILCS 5156/5) | ||
(Section scheduled to be repealed on January 1, 2023)
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Sec. 5. Illinois Immigrant Impact Task Force.
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(a) There is hereby established the Illinois Immigrant | ||
Impact Task Force.
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(b) The Task Force shall consist of 27 members appointed | ||
as follows:
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(1) one member appointed by the President of the | ||
Senate;
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(2) one member appointed by the Speaker of the House | ||
of Representatives;
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(3) one member appointed by the Minority Leader of the | ||
Senate;
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(4) one member appointed by the Minority Leader of the | ||
House of Representatives;
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(5) one representative of the Governor's Office;
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(6) one representative of the Governor's Office of | ||
Management and Budget;
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(7) one representative of the Lieutenant Governor's | ||
Office;
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(8) the Executive Director of the Illinois Housing | ||
Development Authority or his or her designee;
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(9) the Secretary of Human Services or his or her | ||
designee;
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(10) the Director on Aging or his or her designee;
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(11) the Director of Commerce and Economic Opportunity | ||
or his or her designee;
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(12) the Director of Children and Family Services or | ||
his or her designee;
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(13) the Director of Public Health or his or her | ||
designee;
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(14) the Director of Healthcare and Family Services or | ||
his or her designee;
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(15) the Director of Human Rights or his or her | ||
designee;
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(16) the Director of Employment Security or his or her | ||
designee; | ||
(17) the Director of Juvenile Justice or his or her | ||
designee; | ||
(18) the Director of Corrections or his or her | ||
designee; |
(19) the Executive Director of the Illinois Criminal | ||
Justice Information Authority or his or her designee; | ||
(20) the Chairman of the State Board of Education or | ||
his or her designee; | ||
(21) the Chairman of the Board of Higher Education or | ||
his or her designee; | ||
(22) the Chairman of the Illinois Community College | ||
Board or his or her designee; and | ||
(23) five representatives from organizations offering | ||
aid or services to immigrants, appointed by the Governor. | ||
(c) The Task Force shall convene as soon as practicable | ||
after the effective date of this Act, and shall hold at least 6 | ||
meetings. Members of the Task Force shall serve without | ||
compensation. The Department of Human Services, in | ||
consultation with any other State agency relevant to the issue | ||
of immigration in this State, shall provide administrative and | ||
other support to the Task Force.
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(d) The Task Force shall examine the following issues:
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(1) what the State of Illinois is currently doing to | ||
proactively help immigrant communities in this State, | ||
including whether such persons are receiving help to | ||
become citizens, receiving help to become business owners, | ||
and receiving aid for educational purposes;
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(2) what can the State do going forward to improve | ||
relations between the State and immigrant communities in | ||
this State;
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(3) what is the status of immigrant communities from | ||
urban, suburban, and rural areas of this State, and | ||
whether adequate support and resources have been provided | ||
to these communities;
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(4) the extent to which immigrants in this State are | ||
being discriminated against;
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(5) whether the laws specifically intended to benefit | ||
immigrant populations in this State are actually having a | ||
beneficial effect; | ||
(6) the practices and procedures of the federal | ||
Immigration and Customs Enforcement agency within this | ||
State; | ||
(7) the use and condition of detention centers in this | ||
State; | ||
(8) all contracts in Illinois entered into with United | ||
States Immigration and Customs Enforcement, including | ||
contracts with private detention centers, the Illinois | ||
State Police, and the Secretary of State's Office, | ||
Division of Motor Vehicles; | ||
(9) the impact of the COVID-19 pandemic on immigrant | ||
communities, including health impact rates,
employment | ||
rates, housing, small businesses, and community | ||
development; | ||
(10) the disbursement of funds received by different | ||
agencies that went to immigrant
communities; | ||
(11) language access programs and their impact on |
helping immigrant communities better
interact with State | ||
agencies, and whether existing language access programs | ||
are effective in helping immigrant communities interact | ||
with the State. The Task Force shall also examine whether | ||
all
State agencies provide language access for non-English | ||
speakers, and which agencies and
in what regions of the | ||
State is there a lack of language access that creates | ||
barriers for non-English dominant speakers from accessing | ||
support from the State; | ||
(12) the extent to which disparities in access to | ||
technology exist in immigrant communities and whether they | ||
lead to educational, financial, and other disadvantages; | ||
and | ||
(13) the extent to which State programs intended for | ||
vulnerable populations such as victims of trafficking, | ||
crime, and abuse are being implemented or need to be | ||
implemented. | ||
(e) The Task Force shall report its findings and | ||
recommendations based upon its examination of issues under | ||
subsection (d) to the Governor and the General Assembly on or | ||
before December 31, 2022 May 31, 2022 .
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(Source: P.A. 102-236, eff. 8-2-21.) | ||
ARTICLE 99. EFFECTIVE DATE
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Section 99-99. Effective date. This Act takes effect upon | ||
becoming law.
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