Public Act 102-1071

HB5186 Enrolled LRB102 24774 RJF 34017 b

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

ARTICLE 5. STATE GOVERNMENT-AGENCY MANDATES

(20 ILCS 1110/7 rep.)

(20 ILCS 1110/8 rep.)

(20 ILCS 1110/9 rep.)

(20 ILCS 1110/10 rep.)

(20 ILCS 1110/11 rep.)

(20 ILCS 1110/12 rep.)

(20 ILCS 1110/13 rep.)

(20 ILCS 1110/14 rep.)

(20 ILCS 1110/15 rep.)

(20 ILCS 1110/16 rep.)

(20 ILCS 1110/17 rep.)

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:

(20 ILCS 1305/1-17)

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:

Fiscal Year Amount 1986 $35,000,000 1987 $45,000,000 1988 $50,000,000 1989 $55,000,000 1990 $55,000,000 1991 $50,000,000 1992 $16,200,000 1993 $16,200,000,

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

this Act and any other Federal or State law or regulation

concerning health and safety of employees, such other law or

regulation shall control.

(Source: P.A. 81-772.)

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.

(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.

(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.

(110 ILCS 340/Act rep.)

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)

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.

(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.

(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)

Sec. 5. Illinois Immigrant Impact Task Force.

(a) There is hereby established the Illinois Immigrant

Impact Task Force.

(b) The Task Force shall consist of 27 members appointed

as follows:

(1) one member appointed by the President of the

Senate;

(2) one member appointed by the Speaker of the House

of Representatives;

(3) one member appointed by the Minority Leader of the

Senate;

(4) one member appointed by the Minority Leader of the

House of Representatives;

(5) one representative of the Governor's Office;

(6) one representative of the Governor's Office of

Management and Budget;

(7) one representative of the Lieutenant Governor's

Office;

(8) the Executive Director of the Illinois Housing

Development Authority or his or her designee;

(9) the Secretary of Human Services or his or her

designee;

(10) the Director on Aging or his or her designee;

(11) the Director of Commerce and Economic Opportunity

or his or her designee;

(12) the Director of Children and Family Services or

his or her designee;

(13) the Director of Public Health or his or her

designee;

(14) the Director of Healthcare and Family Services or

his or her designee;

(15) the Director of Human Rights or his or her

designee;

(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.

(d) The Task Force shall examine the following issues:

(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;

(2) what can the State do going forward to improve

relations between the State and immigrant communities in

this State;

(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;

(4) the extent to which immigrants in this State are

being discriminated against;

(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.

(Source: P.A. 102-236, eff. 8-2-21.)

ARTICLE 99. EFFECTIVE DATE

Section 99-99. Effective date. This Act takes effect upon

becoming law.