Sen. Napoleon Harris, III
Filed: 4/6/2022
 
 


 




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1
AMENDMENT TO HOUSE BILL 5186




2 AMENDMENT NO. ______. Amend House Bill 5186 by replacing 
3everything after the enacting clause with the following:


4
"ARTICLE 5.  STATE GOVERNMENT-AGENCY MANDATES



5 (20 ILCS 1110/7 rep.)


6 (20 ILCS 1110/8 rep.)


7 (20 ILCS 1110/9 rep.)


8 (20 ILCS 1110/10 rep.)


9 (20 ILCS 1110/11 rep.)


10 (20 ILCS 1110/12 rep.)


11 (20 ILCS 1110/13 rep.)


12 (20 ILCS 1110/14 rep.)


13 (20 ILCS 1110/15 rep.)


14 (20 ILCS 1110/16 rep.)


15 (20 ILCS 1110/17 rep.)

16 Section 5-5. The Illinois Coal and Energy Development Bond 
 
 
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1Act is amended by repealing Sections 7, 8, 9, 10, 11, 12, 13, 
214, 15, 16, and 17.

3 Section 5-10. The Department of Human Services Act is 
4amended by changing Section 1-17 as follows:



5 (20 ILCS 1305/1-17)


6 Sec. 1-17. Inspector General.
7 (a) Nature and purpose. It is the express intent of the 
8General Assembly to ensure the health, safety, and financial 
9condition of individuals receiving services in this State due 
10to mental illness, developmental disability, or both by 
11protecting those persons from acts of abuse, neglect, or both 
12by service providers. To that end, the Office of the Inspector 
13General for the Department of Human Services is created to 
14investigate and report upon allegations of the abuse, neglect, 
15or financial exploitation of individuals receiving services 
16within mental health facilities, developmental disabilities 
17facilities, and community agencies operated, licensed, funded, 
18or certified by the Department of Human Services, but not 
19licensed or certified by any other State agency.
20 (b) Definitions. The following definitions apply to this 
21Section:
22 "Adult student with a disability" means an adult student, 
23age 18 through 21, inclusive, with an Individual Education 
24Program, other than a resident of a facility licensed by the 
 
 
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1Department of Children and Family Services in accordance with 
2the Child Care Act of 1969. For purposes of this definition, 
3"through age 21, inclusive", means through the day before the 
4student's 22nd birthday. 
5 "Agency" or "community agency" means (i) a community 
6agency licensed, funded, or certified by the Department, but 
7not licensed or certified by any other human services agency 
8of the State, to provide mental health service or 
9developmental disabilities service, or (ii) a program 
10licensed, funded, or certified by the Department, but not 
11licensed or certified by any other human services agency of 
12the State, to provide mental health service or developmental 
13disabilities service.
14 "Aggravating circumstance" means a factor that is 
15attendant to a finding and that tends to compound or increase 
16the culpability of the accused.
17 "Allegation" means an assertion, complaint, suspicion, or 
18incident involving any of the following conduct by an 
19employee, facility, or agency against an individual or 
20individuals: mental abuse, physical abuse, sexual abuse, 
21neglect, or financial exploitation.
22 "Day" means working day, unless otherwise specified.
23 "Deflection" means a situation in which an individual is 
24presented for admission to a facility or agency, and the 
25facility staff or agency staff do not admit the individual. 
26"Deflection" includes triage, redirection, and denial of 
 
 
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1admission.
2 "Department" means the Department of Human Services. 
3 "Developmental disability" means "developmental 
4disability" as defined in the Mental Health and Developmental 
5Disabilities Code.
6 "Egregious neglect" means a finding of neglect as 
7determined by the Inspector General that (i) represents a 
8gross failure to adequately provide for, or a callused 
9indifference to, the health, safety, or medical needs of an 
10individual and (ii) results in an individual's death or other 
11serious deterioration of an individual's physical condition or 
12mental condition.
13 "Employee" means any person who provides services at the 
14facility or agency on-site or off-site. The service 
15relationship can be with the individual or with the facility 
16or agency. Also, "employee" includes any employee or 
17contractual agent of the Department of Human Services or the 
18community agency involved in providing or monitoring or 
19administering mental health or developmental disability 
20services. This includes but is not limited to: owners, 
21operators, payroll personnel, contractors, subcontractors, and 
22volunteers.
23 "Facility" or "State-operated facility" means a mental 
24health facility or developmental disabilities facility 
25operated by the Department.
26 "Financial exploitation" means taking unjust advantage of 
 
 
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1an individual's assets, property, or financial resources 
2through deception, intimidation, or conversion for the 
3employee's, facility's, or agency's own advantage or benefit.
4 "Finding" means the Office of Inspector General's 
5determination regarding whether an allegation is 
6substantiated, unsubstantiated, or unfounded.
7 "Health Care Worker Registry" or "Registry" means the 
8Health Care Worker Registry under the Health Care Worker 
9Background Check Act.
10 "Individual" means any person receiving mental health 
11service, developmental disabilities service, or both from a 
12facility or agency, while either on-site or off-site.
13 "Mental abuse" means the use of demeaning, intimidating, 
14or threatening words, signs, gestures, or other actions by an 
15employee about an individual and in the presence of an 
16individual or individuals that results in emotional distress 
17or maladaptive behavior, or could have resulted in emotional 
18distress or maladaptive behavior, for any individual present.
19 "Mental illness" means "mental illness" as defined in the 
20Mental Health and Developmental Disabilities Code.
21 "Mentally ill" means having a mental illness. 
22 "Mitigating circumstance" means a condition that (i) is 
23attendant to a finding, (ii) does not excuse or justify the 
24conduct in question, but (iii) may be considered in evaluating 
25the severity of the conduct, the culpability of the accused, 
26or both the severity of the conduct and the culpability of the 
 
 
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1accused.
2 "Neglect" means an employee's, agency's, or facility's 
3failure to provide adequate medical care, personal care, or 
4maintenance and that, as a consequence, (i) causes an 
5individual pain, injury, or emotional distress, (ii) results 
6in either an individual's maladaptive behavior or the 
7deterioration of an individual's physical condition or mental 
8condition, or (iii) places the individual's health or safety 
9at substantial risk.
10 "Person with a developmental disability" means a person 
11having a developmental disability.
12 "Physical abuse" means an employee's non-accidental and 
13inappropriate contact with an individual that causes bodily 
14harm. "Physical abuse" includes actions that cause bodily harm 
15as a result of an employee directing an individual or person to 
16physically abuse another individual.
17 "Recommendation" means an admonition, separate from a 
18finding, that requires action by the facility, agency, or 
19Department to correct a systemic issue, problem, or deficiency 
20identified during an investigation.
21 "Required reporter" means any employee who suspects, 
22witnesses, or is informed of an allegation of any one or more 
23of the following: mental abuse, physical abuse, sexual abuse, 
24neglect, or financial exploitation.
25 "Secretary" means the Chief Administrative Officer of the 
26Department.
 
 
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1 "Sexual abuse" means any sexual contact or intimate 
2physical contact between an employee and an individual, 
3including an employee's coercion or encouragement of an 
4individual to engage in sexual behavior that results in sexual 
5contact, intimate physical contact, sexual behavior, or 
6intimate physical behavior. Sexual abuse also includes (i) an 
7employee's actions that result in the sending or showing of 
8sexually explicit images to an individual via computer, 
9cellular phone, electronic mail, portable electronic device, 
10or other media with or without contact with the individual or 
11(ii) an employee's posting of sexually explicit images of an 
12individual online or elsewhere whether or not there is contact 
13with the individual.
14 "Sexually explicit images" includes, but is not limited 
15to, any material which depicts nudity, sexual conduct, or 
16sado-masochistic abuse, or which contains explicit and 
17detailed verbal descriptions or narrative accounts of sexual 
18excitement, sexual conduct, or sado-masochistic abuse.
19 "Substantiated" means there is a preponderance of the 
20evidence to support the allegation.
21 "Unfounded" means there is no credible evidence to support 
22the allegation.
23 "Unsubstantiated" means there is credible evidence, but 
24less than a preponderance of evidence to support the 
25allegation. 
26 (c) Appointment. The Governor shall appoint, and the 
 
 
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1Senate shall confirm, an Inspector General. The Inspector 
2General shall be appointed for a term of 4 years and shall 
3function within the Department of Human Services and report to 
4the Secretary and the Governor. 
5 (d) Operation and appropriation. The Inspector General 
6shall function independently within the Department with 
7respect to the operations of the Office, including the 
8performance of investigations and issuance of findings and 
9recommendations. The appropriation for the Office of Inspector 
10General shall be separate from the overall appropriation for 
11the Department.
12 (e) Powers and duties. The Inspector General shall 
13investigate reports of suspected mental abuse, physical abuse, 
14sexual abuse, neglect, or financial exploitation of 
15individuals in any mental health or developmental disabilities 
16facility or agency and shall have authority to take immediate 
17action to prevent any one or more of the following from 
18happening to individuals under its jurisdiction: mental abuse, 
19physical abuse, sexual abuse, neglect, or financial 
20exploitation. Upon written request of an agency of this State, 
21the Inspector General may assist another agency of the State 
22in investigating reports of the abuse, neglect, or abuse and 
23neglect of persons with mental illness, persons with 
24developmental disabilities, or persons with both. To comply 
25with the requirements of subsection (k) of this Section, the 
26Inspector General shall also review all reportable deaths for 
 
 
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1which there is no allegation of abuse or neglect. Nothing in 
2this Section shall preempt any duties of the Medical Review 
3Board set forth in the Mental Health and Developmental 
4Disabilities Code. The Inspector General shall have no 
5authority to investigate alleged violations of the State 
6Officials and Employees Ethics Act. Allegations of misconduct 
7under the State Officials and Employees Ethics Act shall be 
8referred to the Office of the Governor's Executive Inspector 
9General for investigation.
10 (f) Limitations. The Inspector General shall not conduct 
11an investigation within an agency or facility if that 
12investigation would be redundant to or interfere with an 
13investigation conducted by another State agency. The Inspector 
14General shall have no supervision over, or involvement in, the 
15routine programmatic, licensing, funding, or certification 
16operations of the Department. Nothing in this subsection 
17limits investigations by the Department that may otherwise be 
18required by law or that may be necessary in the Department's 
19capacity as central administrative authority responsible for 
20the operation of the State's mental health and developmental 
21disabilities facilities.
22 (g) Rulemaking authority. The Inspector General shall 
23promulgate rules establishing minimum requirements for 
24reporting allegations as well as for initiating, conducting, 
25and completing investigations based upon the nature of the 
26allegation or allegations. The rules shall clearly establish 
 
 
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1that if 2 or more State agencies could investigate an 
2allegation, the Inspector General shall not conduct an 
3investigation that would be redundant to, or interfere with, 
4an investigation conducted by another State agency. The rules 
5shall further clarify the method and circumstances under which 
6the Office of Inspector General may interact with the 
7licensing, funding, or certification units of the Department 
8in preventing further occurrences of mental abuse, physical 
9abuse, sexual abuse, neglect, egregious neglect, and financial 
10exploitation.
11 (h) Training programs. The Inspector General shall (i) 
12establish a comprehensive program to ensure that every person 
13authorized to conduct investigations receives ongoing training 
14relative to investigation techniques, communication skills, 
15and the appropriate means of interacting with persons 
16receiving treatment for mental illness, developmental 
17disability, or both mental illness and developmental 
18disability, and (ii) establish and conduct periodic training 
19programs for facility and agency employees concerning the 
20prevention and reporting of any one or more of the following: 
21mental abuse, physical abuse, sexual abuse, neglect, egregious 
22neglect, or financial exploitation. The Inspector General 
23shall further ensure (i) every person authorized to conduct 
24investigations at community agencies receives ongoing training 
25in Title 59, Parts 115, 116, and 119 of the Illinois 
26Administrative Code, and (ii) every person authorized to 
 
 
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1conduct investigations shall receive ongoing training in Title 
259, Part 50 of the Illinois Administrative Code. Nothing in 
3this Section shall be deemed to prevent the Office of 
4Inspector General from conducting any other training as 
5determined by the Inspector General to be necessary or 
6helpful.
7 (i) Duty to cooperate. 
8  (1) The Inspector General shall at all times be 
9 granted access to any facility or agency for the purpose 
10 of investigating any allegation, conducting unannounced 
11 site visits, monitoring compliance with a written 
12 response, or completing any other statutorily assigned 
13 duty. The Inspector General shall conduct unannounced site 
14 visits to each facility at least annually for the purpose 
15 of reviewing and making recommendations on systemic issues 
16 relative to preventing, reporting, investigating, and 
17 responding to all of the following: mental abuse, physical 
18 abuse, sexual abuse, neglect, egregious neglect, or 
19 financial exploitation.
20  (2) Any employee who fails to cooperate with an Office 
21 of the Inspector General investigation is in violation of 
22 this Act. Failure to cooperate with an investigation 
23 includes, but is not limited to, any one or more of the 
24 following: (i) creating and transmitting a false report to 
25 the Office of the Inspector General hotline, (ii) 
26 providing false information to an Office of the Inspector 
 
 
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1 General Investigator during an investigation, (iii) 
2 colluding with other employees to cover up evidence, (iv) 
3 colluding with other employees to provide false 
4 information to an Office of the Inspector General 
5 investigator, (v) destroying evidence, (vi) withholding 
6 evidence, or (vii) otherwise obstructing an Office of the 
7 Inspector General investigation. Additionally, any 
8 employee who, during an unannounced site visit or written 
9 response compliance check, fails to cooperate with 
10 requests from the Office of the Inspector General is in 
11 violation of this Act.
12 (j) Subpoena powers. The Inspector General shall have the 
13power to subpoena witnesses and compel the production of all 
14documents and physical evidence relating to his or her 
15investigations and any hearings authorized by this Act. This 
16subpoena power shall not extend to persons or documents of a 
17labor organization or its representatives insofar as the 
18persons are acting in a representative capacity to an employee 
19whose conduct is the subject of an investigation or the 
20documents relate to that representation. Any person who 
21otherwise fails to respond to a subpoena or who knowingly 
22provides false information to the Office of the Inspector 
23General by subpoena during an investigation is guilty of a 
24Class A misdemeanor.
25 (k) Reporting allegations and deaths.
26  (1) Allegations. If an employee witnesses, is told of, 
 
 
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1 or has reason to believe an incident of mental abuse, 
2 physical abuse, sexual abuse, neglect, or financial 
3 exploitation has occurred, the employee, agency, or 
4 facility shall report the allegation by phone to the 
5 Office of the Inspector General hotline according to the 
6 agency's or facility's procedures, but in no event later 
7 than 4 hours after the initial discovery of the incident, 
8 allegation, or suspicion of any one or more of the 
9 following: mental abuse, physical abuse, sexual abuse, 
10 neglect, or financial exploitation. A required reporter as 
11 defined in subsection (b) of this Section who knowingly or 
12 intentionally fails to comply with these reporting 
13 requirements is guilty of a Class A misdemeanor.
14  (2) Deaths. Absent an allegation, a required reporter 
15 shall, within 24 hours after initial discovery, report by 
16 phone to the Office of the Inspector General hotline each 
17 of the following:
18   (i) Any death of an individual occurring within 14 
19 calendar days after discharge or transfer of the 
20 individual from a residential program or facility.
21   (ii) Any death of an individual occurring within 
22 24 hours after deflection from a residential program 
23 or facility.
24   (iii) Any other death of an individual occurring 
25 at an agency or facility or at any Department-funded 
26 site.
 
 
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1  (3) Retaliation. It is a violation of this Act for any 
2 employee or administrator of an agency or facility to take 
3 retaliatory action against an employee who acts in good 
4 faith in conformance with his or her duties as a required 
5 reporter. 
6 (l) Reporting to law enforcement. (1) Reporting criminal 
7acts. Within 24 hours after determining that there is credible 
8evidence indicating that a criminal act may have been 
9committed or that special expertise may be required in an 
10investigation, the Inspector General shall notify the Illinois 
11State Police or other appropriate law enforcement authority, 
12or ensure that such notification is made. The Illinois State 
13Police shall investigate any report from a State-operated 
14facility indicating a possible murder, sexual assault, or 
15other felony by an employee. All investigations conducted by 
16the Inspector General shall be conducted in a manner designed 
17to ensure the preservation of evidence for possible use in a 
18criminal prosecution.
19  (2) Reporting allegations of adult students with 
20 disabilities. Upon receipt of a reportable allegation 
21 regarding an adult student with a disability, the 
22 Department's Office of the Inspector General shall 
23 determine whether the allegation meets the criteria for 
24 the Domestic Abuse Program under the Abuse of Adults with 
25 Disabilities Intervention Act. If the allegation is 
26 reportable to that program, the Office of the Inspector 
 
 
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1 General shall initiate an investigation. If the allegation 
2 is not reportable to the Domestic Abuse Program, the 
3 Office of the Inspector General shall make an expeditious 
4 referral to the respective law enforcement entity. If the 
5 alleged victim is already receiving services from the 
6 Department, the Office of the Inspector General shall also 
7 make a referral to the respective Department of Human 
8 Services' Division or Bureau. 
9 (m) Investigative reports. Upon completion of an 
10investigation, the Office of Inspector General shall issue an 
11investigative report identifying whether the allegations are 
12substantiated, unsubstantiated, or unfounded. Within 10 
13business days after the transmittal of a completed 
14investigative report substantiating an allegation, finding an 
15allegation is unsubstantiated, or if a recommendation is made, 
16the Inspector General shall provide the investigative report 
17on the case to the Secretary and to the director of the 
18facility or agency where any one or more of the following 
19occurred: mental abuse, physical abuse, sexual abuse, neglect, 
20egregious neglect, or financial exploitation. The director of 
21the facility or agency shall be responsible for maintaining 
22the confidentiality of the investigative report consistent 
23with State and federal law. In a substantiated case, the 
24investigative report shall include any mitigating or 
25aggravating circumstances that were identified during the 
26investigation. If the case involves substantiated neglect, the 
 
 
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1investigative report shall also state whether egregious 
2neglect was found. An investigative report may also set forth 
3recommendations. All investigative reports prepared by the 
4Office of the Inspector General shall be considered 
5confidential and shall not be released except as provided by 
6the law of this State or as required under applicable federal 
7law. Unsubstantiated and unfounded reports shall not be 
8disclosed except as allowed under Section 6 of the Abused and 
9Neglected Long Term Care Facility Residents Reporting Act. Raw 
10data used to compile the investigative report shall not be 
11subject to release unless required by law or a court order. 
12"Raw data used to compile the investigative report" includes, 
13but is not limited to, any one or more of the following: the 
14initial complaint, witness statements, photographs, 
15investigator's notes, police reports, or incident reports. If 
16the allegations are substantiated, the victim, the victim's 
17guardian, and the accused shall be provided with a redacted 
18copy of the investigative report. Death reports where there 
19was no allegation of abuse or neglect shall only be released 
20pursuant to applicable State or federal law or a valid court 
21order. Unredacted investigative reports, as well as raw data, 
22may be shared with a local law enforcement entity, a State's 
23Attorney's office, or a county coroner's office upon written 
24request.
25 (n) Written responses, clarification requests, and 
26reconsideration requests.
 
 
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1  (1) Written responses. Within 30 calendar days from 
2 receipt of a substantiated investigative report or an 
3 investigative report which contains recommendations, 
4 absent a reconsideration request, the facility or agency 
5 shall file a written response that addresses, in a concise 
6 and reasoned manner, the actions taken to: (i) protect the 
7 individual; (ii) prevent recurrences; and (iii) eliminate 
8 the problems identified. The response shall include the 
9 implementation and completion dates of such actions. If 
10 the written response is not filed within the allotted 30 
11 calendar day period, the Secretary shall determine the 
12 appropriate corrective action to be taken.
13  (2) Requests for clarification. The facility, agency, 
14 victim or guardian, or the subject employee may request 
15 that the Office of Inspector General clarify the finding 
16 or findings for which clarification is sought. 
17  (3) Requests for reconsideration. The facility, 
18 agency, victim or guardian, or the subject employee may 
19 request that the Office of the Inspector General 
20 reconsider the finding or findings or the recommendations. 
21 A request for reconsideration shall be subject to a 
22 multi-layer review and shall include at least one reviewer 
23 who did not participate in the investigation or approval 
24 of the original investigative report. After the 
25 multi-layer review process has been completed, the 
26 Inspector General shall make the final determination on 
 
 
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1 the reconsideration request. The investigation shall be 
2 reopened if the reconsideration determination finds that 
3 additional information is needed to complete the 
4 investigative record.
5 (o) Disclosure of the finding by the Inspector General. 
6The Inspector General shall disclose the finding of an 
7investigation to the following persons: (i) the Governor, (ii) 
8the Secretary, (iii) the director of the facility or agency, 
9(iv) the alleged victims and their guardians, (v) the 
10complainant, and (vi) the accused. This information shall 
11include whether the allegations were deemed substantiated, 
12unsubstantiated, or unfounded.
13 (p) Secretary review. Upon review of the Inspector 
14General's investigative report and any agency's or facility's 
15written response, the Secretary shall accept or reject the 
16written response and notify the Inspector General of that 
17determination. The Secretary may further direct that other 
18administrative action be taken, including, but not limited to, 
19any one or more of the following: (i) additional site visits, 
20(ii) training, (iii) provision of technical assistance 
21relative to administrative needs, licensure, or certification, 
22or (iv) the imposition of appropriate sanctions.
23 (q) Action by facility or agency. Within 30 days of the 
24date the Secretary approves the written response or directs 
25that further administrative action be taken, the facility or 
26agency shall provide an implementation report to the Inspector 
 
 
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1General that provides the status of the action taken. The 
2facility or agency shall be allowed an additional 30 days to 
3send notice of completion of the action or to send an updated 
4implementation report. If the action has not been completed 
5within the additional 30-day period, the facility or agency 
6shall send updated implementation reports every 60 days until 
7completion. The Inspector General shall conduct a review of 
8any implementation plan that takes more than 120 days after 
9approval to complete, and shall monitor compliance through a 
10random review of approved written responses, which may 
11include, but are not limited to: (i) site visits, (ii) 
12telephone contact, and (iii) requests for additional 
13documentation evidencing compliance.
14 (r) Sanctions. Sanctions, if imposed by the Secretary 
15under Subdivision (p)(iv) of this Section, shall be designed 
16to prevent further acts of mental abuse, physical abuse, 
17sexual abuse, neglect, egregious neglect, or financial 
18exploitation or some combination of one or more of those acts 
19at a facility or agency, and may include any one or more of the 
20following:
21  (1) Appointment of on-site monitors.
22  (2) Transfer or relocation of an individual or 
23 individuals.
24  (3) Closure of units.
25  (4) Termination of any one or more of the following: 
26 (i) Department licensing, (ii) funding, or (iii) 
 
 
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1 certification. 
2 The Inspector General may seek the assistance of the 
3Illinois Attorney General or the office of any State's 
4Attorney in implementing sanctions. 
5 (s) Health Care Worker Registry. 
6  (1) Reporting to the Registry. The Inspector General 
7 shall report to the Department of Public Health's Health 
8 Care Worker Registry, a public registry, the identity and 
9 finding of each employee of a facility or agency against 
10 whom there is a final investigative report containing a 
11 substantiated allegation of physical or sexual abuse, 
12 financial exploitation, or egregious neglect of an 
13 individual. 
14  (2) Notice to employee. Prior to reporting the name of 
15 an employee, the employee shall be notified of the 
16 Department's obligation to report and shall be granted an 
17 opportunity to request an administrative hearing, the sole 
18 purpose of which is to determine if the substantiated 
19 finding warrants reporting to the Registry. Notice to the 
20 employee shall contain a clear and concise statement of 
21 the grounds on which the report to the Registry is based, 
22 offer the employee an opportunity for a hearing, and 
23 identify the process for requesting such a hearing. Notice 
24 is sufficient if provided by certified mail to the 
25 employee's last known address. If the employee fails to 
26 request a hearing within 30 days from the date of the 
 
 
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1 notice, the Inspector General shall report the name of the 
2 employee to the Registry. Nothing in this subdivision 
3 (s)(2) shall diminish or impair the rights of a person who 
4 is a member of a collective bargaining unit under the 
5 Illinois Public Labor Relations Act or under any other 
6 federal labor statute. 
7  (3) Registry hearings. If the employee requests an 
8 administrative hearing, the employee shall be granted an 
9 opportunity to appear before an administrative law judge 
10 to present reasons why the employee's name should not be 
11 reported to the Registry. The Department shall bear the 
12 burden of presenting evidence that establishes, by a 
13 preponderance of the evidence, that the substantiated 
14 finding warrants reporting to the Registry. After 
15 considering all the evidence presented, the administrative 
16 law judge shall make a recommendation to the Secretary as 
17 to whether the substantiated finding warrants reporting 
18 the name of the employee to the Registry. The Secretary 
19 shall render the final decision. The Department and the 
20 employee shall have the right to request that the 
21 administrative law judge consider a stipulated disposition 
22 of these proceedings.
23  (4) Testimony at Registry hearings. A person who makes 
24 a report or who investigates a report under this Act shall 
25 testify fully in any judicial proceeding resulting from 
26 such a report, as to any evidence of abuse or neglect, or 
 
 
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1 the cause thereof. No evidence shall be excluded by reason 
2 of any common law or statutory privilege relating to 
3 communications between the alleged perpetrator of abuse or 
4 neglect, or the individual alleged as the victim in the 
5 report, and the person making or investigating the report. 
6 Testimony at hearings is exempt from the confidentiality 
7 requirements of subsection (f) of Section 10 of the Mental 
8 Health and Developmental Disabilities Confidentiality Act.
9  (5) Employee's rights to collateral action. No 
10 reporting to the Registry shall occur and no hearing shall 
11 be set or proceed if an employee notifies the Inspector 
12 General in writing, including any supporting 
13 documentation, that he or she is formally contesting an 
14 adverse employment action resulting from a substantiated 
15 finding by complaint filed with the Illinois Civil Service 
16 Commission, or which otherwise seeks to enforce the 
17 employee's rights pursuant to any applicable collective 
18 bargaining agreement. If an action taken by an employer 
19 against an employee as a result of a finding of physical 
20 abuse, sexual abuse, or egregious neglect is overturned 
21 through an action filed with the Illinois Civil Service 
22 Commission or under any applicable collective bargaining 
23 agreement and if that employee's name has already been 
24 sent to the Registry, the employee's name shall be removed 
25 from the Registry. 
26  (6) Removal from Registry. At any time after the 
 
 
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1 report to the Registry, but no more than once in any 
2 12-month period, an employee may petition the Department 
3 in writing to remove his or her name from the Registry. 
4 Upon receiving notice of such request, the Inspector 
5 General shall conduct an investigation into the petition. 
6 Upon receipt of such request, an administrative hearing 
7 will be set by the Department. At the hearing, the 
8 employee shall bear the burden of presenting evidence that 
9 establishes, by a preponderance of the evidence, that 
10 removal of the name from the Registry is in the public 
11 interest. The parties may jointly request that the 
12 administrative law judge consider a stipulated disposition 
13 of these proceedings. 
14 (t) Review of Administrative Decisions. The Department 
15shall preserve a record of all proceedings at any formal 
16hearing conducted by the Department involving Health Care 
17Worker Registry hearings. Final administrative decisions of 
18the Department are subject to judicial review pursuant to 
19provisions of the Administrative Review Law. 
20 (u) Quality Care Board. There is created, within the 
21Office of the Inspector General, a Quality Care Board to be 
22composed of 7 members appointed by the Governor with the 
23advice and consent of the Senate. One of the members shall be 
24designated as chairman by the Governor. Of the initial 
25appointments made by the Governor, 4 Board members shall each 
26be appointed for a term of 4 years and 3 members shall each be 
 
 
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1appointed for a term of 2 years. Upon the expiration of each 
2member's term, a successor shall be appointed for a term of 4 
3years. In the case of a vacancy in the office of any member, 
4the Governor shall appoint a successor for the remainder of 
5the unexpired term.
6 Members appointed by the Governor shall be qualified by 
7professional knowledge or experience in the area of law, 
8investigatory techniques, or in the area of care of the 
9mentally ill or care of persons with developmental 
10disabilities. Two members appointed by the Governor shall be 
11persons with a disability or parents of persons with a 
12disability. Members shall serve without compensation, but 
13shall be reimbursed for expenses incurred in connection with 
14the performance of their duties as members.
15 The Board shall meet quarterly, and may hold other 
16meetings on the call of the chairman. Four members shall 
17constitute a quorum allowing the Board to conduct its 
18business. The Board may adopt rules and regulations it deems 
19necessary to govern its own procedures.
20 The Board shall monitor and oversee the operations, 
21policies, and procedures of the Inspector General to ensure 
22the prompt and thorough investigation of allegations of 
23neglect and abuse. In fulfilling these responsibilities, the 
24Board may do the following:
25  (1) Provide independent, expert consultation to the 
26 Inspector General on policies and protocols for 
 
 
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1 investigations of alleged abuse, neglect, or both abuse 
2 and neglect.
3  (2) Review existing regulations relating to the 
4 operation of facilities.
5  (3) Advise the Inspector General as to the content of 
6 training activities authorized under this Section.
7  (4) Recommend policies concerning methods for 
8 improving the intergovernmental relationships between the 
9 Office of the Inspector General and other State or federal 
10 offices.
11 (v) Annual report. The Inspector General shall provide to 
12the General Assembly and the Governor, no later than January 1 
13of each year, a summary of reports and investigations made 
14under this Act for the prior fiscal year with respect to 
15individuals receiving mental health or developmental 
16disabilities services. The report shall detail the imposition 
17of sanctions, if any, and the final disposition of any 
18corrective or administrative action directed by the Secretary. 
19The summaries shall not contain any confidential or 
20identifying information of any individual, but shall include 
21objective data identifying any trends in the number of 
22reported allegations, the timeliness of the Office of the 
23Inspector General's investigations, and their disposition, for 
24each facility and Department-wide, for the most recent 3-year 
25time period. The report shall also identify, by facility, the 
26staff-to-patient ratios taking account of direct care staff 
 
 
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1only. The report shall also include detailed recommended 
2administrative actions and matters for consideration by the 
3General Assembly.
4 (w) Program audit. The Auditor General shall conduct a 
5program audit of the Office of the Inspector General on an 
6as-needed basis, as determined by the Auditor General. The 
7audit shall specifically include the Inspector General's 
8compliance with the Act and effectiveness in investigating 
9reports of allegations occurring in any facility or agency. 
10The Auditor General shall conduct the program audit according 
11to the provisions of the Illinois State Auditing Act and shall 
12report its findings to the General Assembly no later than 
13January 1 following the audit period.

14 (x) Nothing in this Section shall be construed to mean 
15that an individual is a victim of abuse or neglect because of 
16health care services appropriately provided or not provided by 
17health care professionals. 
18 (y) Nothing in this Section shall require a facility, 
19including its employees, agents, medical staff members, and 
20health care professionals, to provide a service to an 
21individual in contravention of that individual's stated or 
22implied objection to the provision of that service on the 
23ground that that service conflicts with the individual's 
24religious beliefs or practices, nor shall the failure to 
25provide a service to an individual be considered abuse under 
26this Section if the individual has objected to the provision 
 
 
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1of that service based on his or her religious beliefs or 
2practices. 

3(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)


4 (20 ILCS 2712/Act rep.) 
5 Section 5-15. The Broadband Access on Passenger Rail Law 
6is repealed.

7 (20 ILCS 3930/7.6 rep.)
8 Section 5-20. The Illinois Criminal Justice Information 
9Act is amended by repealing Section 7.6.

10 Section 5-25. The Illinois Future of Work Act is amended 
11by changing Section 20 as follows:

12 (20 ILCS 4103/20)
13 (Section scheduled to be repealed on January 1, 2024)

14 Sec. 20. Report; dissolution.

15 (a) The Illinois Future of Work Task Force shall issue a 
16report based upon its findings in the course of performing its 
17duties and responsibilities specified under Section 10. The 
18report shall be written by an independent authority with 
19subject matter expertise on the future of work.

20 (b) The Illinois Future of Work Task Force shall submit 
21its final report to the Governor and the General Assembly no 
22later than June May 1, 2022, and is dissolved upon the filing 
 
 
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1of its report.


2(Source: P.A. 102-407, eff. 8-19-21.)

3 (20 ILCS 5035/Act rep.) 
4 Section 5-30. The Illinois Human Services Commission Act 
5is repealed.


6 (205 ILCS 405/3.2 rep.)

7 Section 5-35. The Currency Exchange Act is amended by 
8repealing Section 3.2.

9 Section 5-40. The Grain Code is amended by changing 
10Section 30-25 as follows:




11 (240 ILCS 40/30-25)



12 Sec. 30-25. Grain Insurance Reserve Fund. Upon payment in 
13full of all
money that has been transferred to the Fund prior 
14to June 30, 2003 from the
General Revenue Fund as provided for 
15under subsection (h) of Section 25-20, the
State of Illinois 
16shall, subject to appropriation, remit $2,000,000 to the 
17Corporation to be held in a
separate and discrete account to be 
18used to the extent the assets in the Fund
are insufficient to 
19satisfy claimants as payment of their claims become due as
set 
20forth in subsection (h) of Section 25-20. The remittance of 
21the $2,000,000
reserve shall be made to the Corporation within 
2260 days of payment in full of
all money transferred to the Fund 
 
 
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1as set forth above in this Section
30-25. All income received 
2by the Reserve Fund shall be deposited in the Fund
within 35 
3days of the end of each calendar quarter.

4(Source: P.A. 93-225, eff. 7-21-03.)


5 Section 5-45. The Community Services Act is amended by 
6changing Section 4 as follows:



7 (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)



8 Sec. 4. Financing for community services. 
9 (a) The Department of Human Services
is authorized to

10provide financial reimbursement to eligible private service 
11providers,
corporations, local government entities or 
12voluntary associations for the
provision of services to 
13persons with mental illness, persons with a
developmental 
14disability, and persons with substance use disorders who are 
15living in the
community for the purpose of achieving the goals 
16of this Act.

17 The Department shall utilize the following funding 
18mechanisms for community
services:

19  (1) Purchase of Care Contracts: services purchased on 
20 a predetermined fee
per unit of service basis from private 
21 providers or governmental entities. Fee
per service rates 
22 are set by an established formula which covers some 
23 portion
of personnel, supplies, and other allowable costs, 
24 and which makes some
allowance for geographic variations 
 
 
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1 in costs as well as for additional program
components.

2  (2) Grants: sums of money which the Department grants 
3 to private providers or
governmental
entities pursuant to 
4 the grant recipient's agreement to provide certain

5 services, as defined by departmental grant guidelines, to 
6 an
approximate number of service
recipients. Grant levels 
7 are set through consideration of personnel, supply and

8 other allowable costs, as well as other funds available to 
9 the program.

10  (3) Other Funding Arrangements: funding mechanisms may 
11 be established
on a pilot basis in order to examine the 
12 feasibility of alternative financing
arrangements for the 
13 provision of community services.

14 The Department shall establish and maintain an equitable 
15system of
payment
which allows providers to improve persons 
16with disabilities'
capabilities for
independence and reduces 
17their reliance on State-operated
services. 
18 For services classified as entitlement services under 
19federal law or guidelines, caps may not be placed on the total 
20amount of payment a provider may receive in a fiscal year and 
21the Department shall not require that a portion of the 
22payments due be made in a subsequent fiscal year based on a 
23yearly payment cap. 
24 (b) (Blank). The Governor shall create a commission by 
25September 1, 2009, or as soon thereafter as possible, to 
26review funding methodologies, identify gaps in funding, 
 
 
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1identify revenue, and prioritize use of that revenue for 
2community developmental disability services, mental health 
3services, alcohol and substance abuse services, rehabilitation 
4services, and early intervention services. The Office of the 
5Governor shall provide staff support for the commission. 
6 (c) (Blank). The first meeting of the commission shall be 
7held within the first month after the creation and appointment 
8of the commission, and a final report summarizing the 
9commission's recommendations must be issued within 12 months 
10after the first meeting, and no later than September 1, 2010, 
11to the Governor and the General Assembly. 
12 (d) (Blank). The commission shall have the following 13 
13voting members:
14  (A) one member of the House of Representatives, 
15 appointed by the Speaker of the House of Representatives;
16  (B) one member of the House of Representatives, 
17 appointed by the House Minority Leader;
18  (C) one member of the Senate, appointed by the 
19 President of the Senate;
20  (D) one member of the Senate, appointed by the Senate 
21 Minority Leader;
22  (E) one person with a developmental disability, or a 
23 family member or guardian of such a person, appointed by 
24 the Governor;
25  (F) one person with a mental illness, or a family 
26 member or guardian of such a person, appointed by the 
 
 
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1 Governor;
2  (G) two persons from unions that represent employees 
3 of community providers that serve people with 
4 developmental disabilities, mental illness, and alcohol 
5 and substance abuse disorders, appointed by the Governor; 
6 and
7  (H) five persons from statewide associations that 
8 represent community providers that provide residential, 
9 day training, and other developmental disability services, 
10 mental health services, alcohol and substance abuse 
11 services, rehabilitation services, or early intervention 
12 services, or any combination of those, appointed by the 
13 Governor.
14 The commission shall also have the following ex-officio, 
15nonvoting members:
16  (I) the Director of the Governor's Office of 
17 Management and Budget or his or her designee;
18  (J) the Chief Financial Officer of the Department of 
19 Human Services or his or her designee;
20  (K) the Administrator of the Department of Healthcare 
21 and Family Services Division of Finance or his or her 
22 designee;
23  (L) the Director of the Department of Human Services 
24 Division of Developmental Disabilities or his or her 
25 designee;
26  (M) the Director of the Department of Human Services 
 
 
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1 Division of Mental Health or his or her designee;
and
2  (N) the Director of the Department of Human Services 
3 Division of Alcoholism and Substance Abuse or his or her 
4 designee. 
5 (e) The funding methodologies must reflect economic 
6factors inherent in providing services and supports, recognize 
7individual disability needs, and consider geographic 
8differences, transportation costs, required staffing ratios, 
9and mandates not currently funded.

10 (f) In accepting Department funds, providers shall 
11recognize
their responsibility to be
accountable to the 
12Department and the State for the delivery of services
which 
13are consistent
with the philosophies and goals of this Act and 
14the rules and regulations
promulgated under it.

15(Source: P.A. 100-759, eff. 1-1-19.)


16
ARTICLE 10.  DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY


17 Section 10-5. The Department of Commerce and Economic 
18Opportunity Law of the
Civil Administrative Code of Illinois 
19is amended by changing Sections 605-300, 605-615, and 605-680 
20as follows:




21 (20 ILCS 605/605-300) (was 20 ILCS 605/46.2)



22 Sec. 605-300. Economic and business development plans; 
23Illinois Business Development Council. (a) Economic 
 
 
10200HB5186sam005- 34 -LRB102 24774 SPS 38881 a


1development plans. The Department shall develop a strategic 
2economic development plan for the State by July 1, 2014. By no 
3later than July 1, 2015, and by July 1 annually thereafter, the 
4Department shall make modifications to the plan as 
5modifications are warranted by changes in economic conditions 
6or by other factors, including changes in policy. In addition 
7to the annual modification, the plan shall be reviewed and 
8redeveloped in full every 5 years. In the development of the 
9annual economic development plan, the Department shall consult 
10with representatives of the private sector, other State 
11agencies, academic institutions, local economic development 
12organizations, local governments, and not-for-profit 
13organizations. The annual economic development plan shall set 
14specific, measurable, attainable, relevant, and time-sensitive 
15goals and shall include a focus on areas of high unemployment 
16or poverty.
17 The term "economic development" shall be construed broadly 
18by the Department and may include, but is not limited to, job 
19creation, job retention, tax base enhancements, development of 
20human capital, workforce productivity, critical 
21infrastructure, regional competitiveness, social inclusion, 
22standard of living, environmental sustainability, energy 
23independence, quality of life, the effective use of financial 
24incentives, the utilization of public private partnerships 
25where appropriate, and other metrics determined by the 
26Department.
 
 
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1 The plan shall be based on relevant economic data, focus 
2on economic development as prescribed by this Section, and 
3emphasize strategies to retain and create jobs.
4 The plan shall identify and develop specific strategies 
5for utilizing the assets of regions within the State defined 
6as counties and municipalities or other political subdivisions 
7in close geographical proximity that share common economic 
8traits such as commuting zones, labor market areas, or other 
9economically integrated characteristics.
10 If the plan includes strategies that have a fiscal impact 
11on the Department or any other agency, the plan shall include a 
12detailed description of the estimated fiscal impact of such 
13strategies.
14 Prior to publishing the plan in its final form, the 
15Department shall allow for a reasonable time for public input.
16 The Department shall transmit copies of the economic 
17development plan to the Governor and the General Assembly no 
18later than July 1, 2014, and by July 1 annually thereafter. The 
19plan and its corresponding modifications shall be published 
20and made available to the public in both paper and electronic 
21media, on the Department's website, and by any other method 
22that the Department deems appropriate.
23 The Department shall annually submit legislation to 
24implement the strategic economic development plan or 
25modifications to the strategic economic development plan to 
26the Governor, the President and Minority Leader of the Senate, 
 
 
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1and the Speaker and the Minority Leader of the House of 
2Representatives. The legislation shall be in the form of one 
3or more substantive bills drafted by the Legislative Reference 
4Bureau.
5 (b) Business development plans; Illinois Business 
6Development Council.
7  (1) There is created the Illinois Business Development 
8 Council, hereinafter referred to as the Council. The 
9 Council shall consist of the Director, who shall serve as 
10 co-chairperson, and 12 voting members who shall be 
11 appointed by the Governor with the advice and consent of 
12 the Senate.
13   (A) The voting members of the Council shall 
14 include one representative from each of the following 
15 businesses and groups: small business, coal, 
16 healthcare, large manufacturing, small or specialized 
17 manufacturing, agriculture, high technology or applied 
18 science, local economic development entities, private 
19 sector organized labor, a local or state business 
20 association or chamber of commerce.
21   (B) There shall be 2 at-large voting members who 
22 reside within areas of high unemployment within 
23 counties or municipalities that have had an annual 
24 average unemployment rate of at least 120% of the 
25 State's annual average unemployment rate as reported 
26 by the Department of Employment Security for the 5 
 
 
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1 years preceding the date of appointment.
2  (2) All appointments shall be made in a geographically 
3 diverse manner.
4  (3) For the initial appointments to the Council, 6 
5 voting members shall be appointed to serve a 2-year term 
6 and 6 voting members shall be appointed to serve a 4-year 
7 term. Thereafter, all appointments shall be for terms of 4 
8 years. The initial term of voting members shall commence 
9 on the first Wednesday in February 2014. Thereafter, the 
10 terms of voting members shall commence on the first 
11 Wednesday in February, except in the case of an 
12 appointment to fill a vacancy. Vacancies occurring among 
13 the members shall be filled in the same manner as the 
14 original appointment for the remainder of the unexpired 
15 term. For a vacancy occurring when the Senate is not in 
16 session, the Governor may make a temporary appointment 
17 until the next meeting of the Senate when a person shall be 
18 nominated to fill the office, and, upon confirmation by 
19 the Senate, he or she shall hold office during the 
20 remainder of the term. A vacancy in membership does not 
21 impair the ability of a quorum to exercise all rights and 
22 perform all duties of the Council. A member is eligible 
23 for reappointment.
24  (4) Members shall serve without compensation, but may 
25 be reimbursed for necessary expenses incurred in the 
26 performance of their duties from funds appropriated for 
 
 
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1 that purpose.
2  (5) In addition, the following shall serve as ex 
3 officio, non-voting members of the Council in order to 
4 provide specialized advice and support to the Council: the 
5 Secretary of Transportation, or his or her designee; the 
6 Director of Employment Security, or his or her designee; 
7 the Executive Director of the Illinois Finance Authority, 
8 or his or her designee; the Director of Agriculture, or 
9 his or her designee; the Director of Revenue, or his or her 
10 designee; the Director of Labor, or his or her designee; 
11 and the Director of the Environmental Protection Agency, 
12 or his or her designee. Ex officio members shall provide 
13 staff and technical assistance to the Council when 
14 appropriate.
15  (6) In addition to the Director, the voting members 
16 shall elect a co-chairperson.
17  (7) The Council shall meet at least twice annually and 
18 at such other times as the co-chairpersons or any 5 voting 
19 members consider necessary. Seven voting members shall 
20 constitute a quorum of the Council.
21  (8) The Department shall provide staff assistance to 
22 the Council.
23  (9) The Council shall provide the Department relevant 
24 information in a timely manner pursuant to its duties as 
25 enumerated in
this Section that can be used by the 
26 Department to enhance the State's strategic economic 
 
 
10200HB5186sam005- 39 -LRB102 24774 SPS 38881 a


1 development plan.
2  (10) The Council shall:
3   (A) Develop an overall strategic business 
4 development plan for the State of Illinois and update 
5 the plan at least annually; that plan shall include, 
6 without limitation, (i) an assessment of the economic 
7 development practices of states that border Illinois 
8 and (ii) recommendations for best practices with 
9 respect to economic development, business incentives, 
10 business attraction, and business retention for 
11 counties in Illinois that border at least one other 
12 state.
13   (B) Develop business marketing plans for the State 
14 of Illinois to effectively solicit new company 
15 investment and existing business expansion. Insofar as 
16 allowed under the Illinois Procurement Code, and 
17 subject to appropriations made by the General Assembly 
18 for such purposes, the Council may assist the 
19 Department in the procurement of outside vendors to 
20 carry out such marketing plans.
21   (C) Seek input from local economic development 
22 officials to develop specific strategies to 
23 effectively link State and local business development 
24 and marketing efforts focusing on areas of high 
25 unemployment or poverty.
26   (D) Provide the Department with advice on 
 
 
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1 strategic business development
and business marketing 
2 for the State of Illinois.
3   (E) Provide the Department research and recommend 
4 best practices for developing investment tools for 
5 business attraction and retention.

6(Source: P.A. 98-397, eff. 8-16-13; 98-756, eff. 7-16-14; 
798-888, eff. 8-15-14.)





8 (20 ILCS 605/605-615) (was 20 ILCS 605/46.19e)



9 Sec. 605-615. Assistance with exports. The Department 
10shall have the
following duties and responsibilities in regard 
11to the Civil Administrative
Code of Illinois:

12 (1) To establish or cosponsor mentoring conferences, 
13utilizing experienced
manufacturing exporters, to explain and 
14provide information to prospective
export manufacturers and 
15businesses concerning the process of exporting to both

16domestic and international opportunities.

17 (2) To provide technical assistance to prospective export 
18manufacturers and
businesses seeking to establish domestic and 
19international export
opportunities.

20 (3) To coordinate with the Department's Small Business 
21Development Centers
to link buyers with prospective export 
22manufacturers and businesses.

23 (4) To promote, both domestically and abroad, products 
24made in Illinois in
order to inform consumers and buyers of 
25their high quality
standards and craftsmanship.

 
 
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1 (5) To provide technical assistance toward establishment 
2of export trade
corporations in the private sector.

3 (6) To develop an electronic database data base to compile 
4information on
international trade and investment activities 
5in Illinois companies,
provide access to research and business 
6opportunities through external data
bases, and connect this 
7data base through international communication
systems with 
8appropriate domestic and worldwide networks users.

9 (7) To collect and distribute to foreign commercial 
10libraries directories,
catalogs, brochures, and other 
11information of value to foreign businesses
considering doing 
12business in this State.

13 (8) To establish an export finance awareness program to 
14provide
information to banking organizations about methods 
15used by banks to provide
financing for businesses engaged in 
16exporting and about other State and
federal programs to 
17promote and expedite export financing.

18 (9) To undertake a survey of Illinois' businesses to 
19identify exportable
products and the businesses interested in 
20exporting.

21(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 
2292-16, eff.
6-28-01.)


23 (20 ILCS 605/605-680)
24 Sec. 605-680. Illinois goods and services website.
25 (a) The Department, in consultation with the Department of 
 
 
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1Innovation and Technology, must establish and maintain an 
2Internet website devoted to the marketing of Illinois goods 
3and services by linking potential purchasers with producers of 
4goods and services who are located in the State.
5 (b) The Department must, subject to appropriation, 
6advertise the website to encourage inclusion of producers on 
7the website and to encourage the use of the website by 
8potential purchasers.

9(Source: P.A. 100-611, eff. 7-20-18.)

10 (20 ILCS 605/605-1040 rep.)
11 Section 10-10. The Department of Commerce and Economic 
12Opportunity Law of the
Civil Administrative Code of Illinois 
13is amended by repealing Section 605-1040.

14 Section 10-15. The Illinois Main Street Act is amended by 
15changing Sections 15, 20, 25, and 30 as follows:

16 (20 ILCS 720/15)

17 Sec. 15. Illinois Main Street Program. The Illinois Main 
18Street Program is created, subject to appropriation, within 
19the Department. In order to implement the Illinois Main Street 
20Program, the Department may shall do all of the following:
21  (1) Provide assistance to municipalities designated as 
22 Main Street Communities, municipalities interested in 
23 becoming designated through the program, and businesses, 
 
 
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1 property owners, organizations, and municipalities 
2 undertaking a comprehensive downtown or neighborhood 
3 commercial district revitalization initiative and 
4 management strategy. Assistance may include, but is not 
5 limited to, initial site evaluations and assessments, 
6 training for local programs, training for local program 
7 staff, site visits and assessments by technical 
8 specialists, local program design assistance and 
9 evaluation, and continued local program on-site 
10 assistance.
11  (2) To the extent funds are made available, provide 
12 financial assistance to municipalities or local 
13 organizations to assist in initial downtown or 
14 neighborhood commercial district revitalization program 
15 specialized training, specific project feasibility 
16 studies, market studies, and design assistance.
17  (3) Operate the Illinois Main Street Program in 
18 accordance with the plan developed by the Department.
19  (4) Consider other factors the Department deems 
20 necessary for the implementation of this Act.

21(Source: P.A. 97-573, eff. 8-25-11.)

22 (20 ILCS 720/20)

23 Sec. 20. Main Street Community designation.
24 (a) The Department may shall adopt criteria for the 
25designation of a Main Street Community. In establishing the 
 
 
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1criteria, the Department shall consider all of the following:
2  (1) The degree of interest and commitment to 
3 comprehensive downtown or neighborhood commercial district 
4 revitalization and, where applicable, historic 
5 preservation by both the public and private sectors.
6  (2) The evidence of potential private sector 
7 investment in the downtown or neighborhood commercial 
8 district.
9  (3) Where applicable, a downtown or neighborhood 
10 commercial district with sufficient historic fabric to 
11 become a foundation for an enhanced community image.
12  (4) The capacity of the organization to undertake a 
13 comprehensive program and the financial commitment to 
14 implement a long-term downtown or neighborhood commercial 
15 district revitalization program that includes a commitment 
16 to employ a professional program manager.
17  (5) The National Main Street Center's criteria for 
18 designating official main street municipalities.
19  (6) Other factors the Department deems necessary for 
20 the designation of a local program.
21 (b) Illinois Main Street shall designate local downtown or 
22neighborhood commercial district revitalization programs and 
23official local main street programs.
24 (c) The Department must approve all local downtown or 
25neighborhood commercial district revitalization program 
26boundaries. The boundaries of a local downtown or neighborhood 
 
 
10200HB5186sam005- 45 -LRB102 24774 SPS 38881 a


1commercial district revitalization program are typically 
2defined using the pedestrian core of a traditional commercial 
3district.

4(Source: P.A. 97-573, eff. 8-25-11.)

5 (20 ILCS 720/25)

6 Sec. 25. Illinois Main Street Plan. The Department may 
7shall, in consultation with the Lieutenant Governor, develop a 
8plan for the Illinois Main Street Program. The plan shall 
9describe:
10  (1) the objectives and strategies of the Illinois Main 
11 Street Program;
12  (2) how the Illinois Main Street Program will be 
13 coordinated with existing federal, state, local, and 
14 private sector business development and historic 
15 preservation efforts;
16  (3) the means by which private investment will be 
17 solicited and employed;
18  (4) the methods of selecting and providing assistance 
19 to participating local programs; and
20  (5) a means to solicit private contributions for State 
21 and local operations of the Illinois Main Street Program.

22(Source: P.A. 97-573, eff. 8-25-11.)

23 (20 ILCS 720/30)

24 Sec. 30. Role of the Lieutenant Governor. The Lieutenant 
 
 
10200HB5186sam005- 46 -LRB102 24774 SPS 38881 a


1Governor shall, subject to appropriation, be the Ambassador of 
2the Illinois Main Street Program. The Department shall, 
3subject to appropriation, advise and consult with the 
4Lieutenant Governor on the activities of the Illinois Main 
5Street Program. The Lieutenant Governor, with the assistance 
6of the Department, shall, subject to appropriation, promote 
7and encourage the success of the Illinois Main Street Program.

8(Source: P.A. 97-573, eff. 8-25-11.)

9 Section 10-20. The Outdoor Recreation Resources Act is 
10amended by changing Sections 2 and 2a as follows:




11 (20 ILCS 860/2) (from Ch. 105, par. 532)



12 Sec. 2. The Department of Natural Resources is
authorized 
13to have prepared, with the Department of Commerce and Economic 
14Opportunity, and to maintain and keep up to date up-to-date a 
15comprehensive plan for
the development of the outdoor 
16recreation resources of the State.

17(Source: P.A. 94-793, eff. 5-19-06.)





18 (20 ILCS 860/2a) (from Ch. 105, par. 532a)



19 Sec. 2a. The Department of Natural Resources is authorized 
20to have prepared
with the Department of Commerce and Economic 
21Opportunity and to
maintain and keep up to date a 
22comprehensive plan for the
preservation of the
historically 
23significant properties and interests of the State.

 
 
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1(Source: P.A. 100-695, eff. 8-3-18; 101-81, eff. 7-12-19.)



2 (20 ILCS 3953/15 rep.)

3 (20 ILCS 3953/20 rep.)
4 Section 10-25. The Government Buildings Energy Cost 
5Reduction Act of 1991 is amended by repealing Sections 15 and 
620.

7 Section 10-30. The Eliminate the Digital Divide Law is 
8amended by changing Section 5-30 as follows:




9 (30 ILCS 780/5-30)


10 Sec. 5-30. Community Technology Center Grant Program. 

11 (a) Subject to appropriation, the Department shall 
12administer
the Community Technology Center Grant Program under 
13which the
Department shall make grants in accordance with this 
14Article
for planning, establishment, administration, and 
15expansion
of Community Technology Centers and for assisting 
16public hospitals,
libraries, and park districts in eliminating 
17the digital divide. The purposes
of the grants shall include, 
18but
not be limited to, volunteer recruitment and management, 
19training and
instruction, infrastructure, and
related goods 
20and services, including case management, administration, 
21personal information management, and outcome-tracking tools 
22and software for the purposes of reporting to the Department 
23and for enabling participation in digital government and 
 
 
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1consumer services programs, for Community Technology Centers 
2and public
hospitals, libraries, and park districts.
No 
3Community Technology Center may receive a grant of more than 
4$75,000 under
this Section in a particular fiscal year.

5 (b) Public hospitals, libraries, park districts, and State 
6educational
agencies, local educational
agencies, institutions 
7of higher education, senior citizen homes, and other public 
8and
private nonprofit or for-profit agencies and organizations 
9are eligible
to receive grants under this Program, provided 
10that a local educational
agency or public or private 
11educational
agency or organization must, in order to be 
12eligible to receive grants under
this Program, provide 
13computer access and educational services using
information 
14technology to the public at one or more of its educational

15buildings or facilities at least 12 hours each week. A group of 
16eligible
entities is
also eligible to receive a grant if the 
17group follows the procedures
for group applications in 34 CFR 
1875.127-129 of the Education Department General
Administrative 
19Regulations.

20 To be eligible to apply for a grant, a Community

21Technology Center must serve a
community in which not less 
22than 40%
of the
students are eligible for a free or reduced 
23price lunch under the national
school lunch program or in 
24which not less than 30% of the students
are eligible
for a free 
25lunch under the national school lunch program; however, if 
26funding
is insufficient to approve all grant applications for 
 
 
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1a particular fiscal year,
the Department may impose a higher 
2minimum percentage threshold for that fiscal
year. 
3Determinations of communities and determinations of the 
4percentage of
students in a community who are eligible for a 
5free or reduced price lunch
under the national school lunch 
6program shall be in accordance with rules
adopted by the 
7Department.

8 Any entities that have received a Community
Technology 
9Center grant under the federal Community Technology Centers 
10Program
are also eligible to apply for grants under this 
11Program.

12 The Department shall
provide assistance to Community 
13Technology Centers in making those
determinations for purposes 
14of applying for grants.

15 The Department shall encourage Community Technology 
16Centers to participate in public and private computer hardware 
17equipment recycling initiatives that provide computers at 
18reduced or no cost to low-income families, including programs 
19authorized by the State Property Control Act. On an annual 
20basis, the Department must provide the Director of Central 
21Management Services with a list of Community Technology 
22Centers that have applied to the Department for funding as 
23potential recipients of surplus State-owned computer hardware 
24equipment under programs authorized by the State Property 
25Control Act.

26 (c) Grant applications shall be submitted to the 
 
 
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1Department on a schedule of one or more deadlines established 
2by the Department by rule.

3 (d) The Department shall adopt rules setting forth the 
4required form
and contents of grant applications.

5 (e) (Blank). There is created
the Digital Divide 
6Elimination Advisory Committee. The advisory committee
shall 
7consist of 7
members appointed one each by the Governor, the 
8President of
the Senate, the Senate Minority Leader, the 
9Speaker of the House, and the House
Minority Leader, and 2 
10appointed by the Director of Commerce and Economic 
11Opportunity, one of whom shall be a representative of the 
12telecommunications industry and one of whom shall represent 
13community technology centers. The members of the advisory 
14committee shall receive no
compensation for their services as 
15members of the advisory committee but may be
reimbursed for 
16their actual expenses incurred in serving on the advisory

17committee. The Digital Divide Elimination Advisory Committee 
18shall advise the
Department in establishing criteria and 
19priorities for identifying recipients
of
grants under this 
20Act. The advisory committee shall obtain advice from the

21technology industry regarding current technological standards. 
22The advisory
committee shall seek any available federal 
23funding.

24 (f) (Blank). There is created the Digital Divide 
25Elimination Working Group. The Working Group shall consist of 
26the Director of Commerce and Economic Opportunity, or his or 
 
 
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1her designee, the Director of Central Management Services, or 
2his or her designee, and the Executive Director of the 
3Illinois Commerce Commission, or his or her designee. The 
4Director of Commerce and Economic Opportunity, or his or her 
5designee, shall serve as chair of the Working Group. The 
6Working Group shall consult with the members of the Digital 
7Divide Elimination Advisory Committee and may consult with 
8various groups including, but not limited to, 
9telecommunications providers, telecommunications-related 
10technology producers and service providers, community 
11technology providers, community and consumer organizations, 
12businesses and business organizations, and federal government 
13agencies.

14 (g) Duties of the Digital Divide Elimination Working Group 
15include all of the following:
16  (1) Undertaking a thorough review of grant programs 
17 available through the federal government, local agencies, 
18 telecommunications providers, and business and charitable 
19 entities for the purpose of identifying appropriate 
20 sources of revenues for the Digital Divide Elimination 
21 Fund and attempting to update available grants on a 
22 regular basis.
23  (2) Researching and cataloging programs designed to 
24 advance digital literacy and computer access that are 
25 available through the federal government, local agencies, 
26 telecommunications providers, and business and charitable 
 
 
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1 entities and attempting to update available programs on a 
2 regular basis.
3  (3) Presenting the information compiled from items (1) 
4 and (2) to the Department of Commerce and Economic 
5 Opportunity, which shall serve as a single point of 
6 contact for applying for funding for the Digital Divide 
7 Elimination Fund and for distributing information to the 
8 public regarding all programs designed to advance digital 
9 literacy and computer access.

10(Source: P.A. 94-734, eff. 4-28-06; 95-740, eff. 1-1-09.)


11 Section 10-35. The Illinois Groundwater Protection Act is 
12amended by changing Section 4 as follows:




13 (415 ILCS 55/4) (from Ch. 111 1/2, par. 7454)



14 Sec. 4. Interagency Coordinating Committee on Groundwater.  
15(a) There shall be established within State government an

16interagency committee
which shall be known as the Interagency 
17Coordinating Committee on
Groundwater. The Committee shall be 
18composed of the Director, or his
designee, of the following 
19agencies:


20  (1) The Illinois Environmental Protection Agency, who 
21 shall chair the
Committee.


22  (2) The Illinois Department of Natural Resources.


23  (3) The Illinois Department of Public Health.


24  (4) The Office of Mines and Minerals within
the 
 
 
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1 Department of Natural Resources.


2  (5) The Office of the State Fire Marshal.


3  (6) The Division of Water Resources of the Department 
4 of
Natural Resources.


5  (7) The Illinois Department of Agriculture.


6  (8) The Illinois Emergency Management Agency.


7  (9) The Illinois Department of Nuclear Safety.


8  (10) The Illinois Department of Commerce and Economic 
9 Opportunity.

10 (b) The Committee shall meet not less than
twice each 
11calendar year and shall:


12  (1) Review and coordinate the State's policy on 
13 groundwater protection.


14  (2) Review and evaluate State laws, regulations and 
15 procedures that
relate to groundwater protection.


16  (3) Review and evaluate the status of the State's 
17 efforts to improve
the quality of the groundwater and of 
18 the State enforcement efforts for
protection of the 
19 groundwater and make recommendations on improving the

20 State efforts to protect the groundwater.


21  (4) Recommend procedures for better coordination among 
22 State
groundwater programs and with local programs related 
23 to groundwater protection.


24  (5) Review and recommend procedures to coordinate the 
25 State's response
to specific incidents of groundwater 
26 pollution and coordinate dissemination
of information 
 
 
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1 between agencies responsible for the State's response.


2  (6) Make recommendations for and prioritize the 
3 State's groundwater
research needs.


4  (7) Review, coordinate and evaluate groundwater data 
5 collection and
analysis.


6  (8) Beginning on January 1, 1990, report biennially to 
7 the Governor
and the General Assembly on groundwater

8 quality, quantity, and the State's enforcement efforts.

9 (c) The Chairman of the Committee shall propose a 
10groundwater protection
regulatory agenda for consideration by 
11the Committee and the Council. The
principal purpose of the 
12agenda shall be to systematically consider the
groundwater 
13protection aspects of relevant federal and State regulatory

14programs and to identify any areas where improvements may be 
15warranted. To
the extent feasible, the agenda may also serve 
16to facilitate a more
uniform and coordinated approach toward 
17protection of groundwaters in
Illinois. Upon adoption of the 
18final agenda by the Committee, the Chairman
of the Committee 
19shall assign a lead agency and any support agencies to
prepare 
20a regulatory assessment report for each item on the agenda. 
21Each
regulatory assessment report shall specify the nature of 
22the
groundwater protection
provisions being implemented and 
23shall evaluate the results achieved
therefrom. Special 
24attention shall be given to any preventive measures
being 
25utilized for protection of groundwaters. The reports shall be

26completed in a timely manner. After review and consideration 
 
 
10200HB5186sam005- 55 -LRB102 24774 SPS 38881 a


1by the
Committee, the reports shall become the basis for 
2recommending further
legislative or regulatory action.

3 (d) No later than January 1, 1992, the Interagency 
4Coordinating
Committee on Groundwater shall provide a 
5comprehensive status report to
the Governor and the General 
6Assembly concerning implementation of this Act.

7 (e) The Committee shall consider findings and 
8recommendations that are
provided by the Council, and
respond 
9in writing regarding such matters. The Chairman of the 
10Committee
shall designate a liaison person to serve as a 
11facilitator of
communications with the Council.

12(Source: P.A. 94-793, eff. 5-19-06.)


13
ARTICLE 15.  SCHOOL CODE


14 Section 15-5. The School Code is amended by changing 
15Sections 1B-8, 1F-25, 1F-90, 2-3.146, 10-21.9, and 34-18.5 as 
16follows:



17 (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)


18 Sec. 1B-8. There is created in the State Treasury a

19special fund to be known as the School District Emergency

20Financial Assistance Fund (the "Fund"). The School District 
21Emergency
Financial Assistance Fund shall consist of 
22appropriations, loan repayments, grants from the
federal 
23government, and donations from any public or private source. 
 
 
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1Moneys in
the Fund
may be appropriated only to the Illinois 
2Finance Authority and
the State Board for
those purposes 
3authorized under this Article and Articles
1F and 1H of this 
4Code.
The appropriation may be
allocated and expended by the 
5State Board for contractual services to provide technical 
6assistance or consultation to school districts to assess their 
7financial condition and to Financial Oversight Panels that 
8petition for emergency financial assistance grants. The 
9Illinois Finance Authority may provide
loans to school 
10districts which are the subject of an
approved petition for 
11emergency financial assistance under
Section 1B-4,
1F-62, or 
121H-65 of this Code. Neither the State Board of Education nor 
13the Illinois Finance Authority may collect any fees for 
14providing these services. 
15 From the amount allocated to each such school
district 
16under this Article the State Board shall identify a sum 
17sufficient to
cover all approved costs of the Financial 
18Oversight Panel
established for the respective school 
19district. If the State Board and State
Superintendent of 
20Education have not approved emergency financial assistance in

21conjunction with the appointment of a Financial Oversight 
22Panel, the Panel's
approved costs shall be paid from 
23deductions from the district's general State
aid or 
24evidence-based funding.

25 The Financial Oversight Panel may prepare and file
with 
26the State Superintendent a proposal for emergency
financial 
 
 
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1assistance for the school district and for its
operations 
2budget. No expenditures from the Fund shall be
authorized by 
3the State Superintendent until he or she has approved
the 
4request of the Panel, either as submitted or in such
lesser 
5amount determined by the State Superintendent.

6 The maximum amount of an emergency financial assistance 
7loan
which may be allocated to any school district under this

8Article, including moneys necessary for the operations of
the 
9Panel, shall not exceed $4,000 times the number of pupils

10enrolled in the school district during the school year
ending 
11June 30 prior to the date of approval by the State
Board of the 
12petition for emergency financial assistance, as
certified to 
13the local board and the Panel by the State
Superintendent.
An 
14emergency financial assistance grant shall not exceed $1,000 
15times the
number of such pupils. A district may receive both a 
16loan and a grant.

17 The payment of an emergency State financial assistance 
18grant or loan
shall be subject to appropriation by the General 
19Assembly. Payment of the emergency State financial assistance 
20loan is subject to the applicable provisions of the Illinois 
21Finance Authority Act.
Emergency State financial assistance 
22allocated and paid to a school
district under this Article may 
23be applied to any fund or funds from which
the local board of 
24education of that district is authorized to make
expenditures 
25by law.

26 Any emergency financial assistance grant proposed by the

 
 
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1Financial Oversight Panel and approved by the State

2Superintendent may be paid in its entirety during the
initial 
3year of the Panel's existence or spread in equal or
declining 
4amounts over a period of years not to exceed the
period of the 
5Panel's existence. An emergency financial assistance loan 
6proposed by the Financial Oversight Panel and approved by the 
7Illinois Finance Authority may be paid in its entirety during 
8the initial year of the Panel's existence or spread in equal or 
9declining amounts over a period of years not to exceed the 
10period of the Panel's existence. All
loans made by the 
11Illinois Finance Authority for a
school district shall be 
12required to be repaid, with simple interest over
the term of 
13the loan at a rate equal to 50% of the one-year Constant 
14Maturity
Treasury (CMT) yield as last published by the Board 
15of Governors of the Federal
Reserve System before the date on 
16which the district's loan is
approved
by the Illinois Finance 
17Authority, not later than the
date the
Financial Oversight 
18Panel ceases to exist. The Panel shall
establish and the 
19Illinois Finance Authority shall
approve the terms and 
20conditions, including the schedule, of
repayments. The 
21schedule shall provide for repayments
commencing July 1 of 
22each year or upon each fiscal year's receipt of moneys from a 
23tax levy for emergency financial assistance. Repayment shall 
24be incorporated into the
annual budget of the school district 
25and may be made from any fund or funds
of the district in which 
26there are moneys available. An emergency financial assistance 
 
 
10200HB5186sam005- 59 -LRB102 24774 SPS 38881 a


1loan to the Panel or district shall not be considered part of 
2the calculation of a district's debt for purposes of the 
3limitation specified in Section 19-1 of this Code. Default on 
4repayment is subject to the Illinois Grant Funds Recovery Act. 
5When moneys are repaid
as provided herein they shall not be 
6made available to the local board for
further use as emergency 
7financial assistance under this Article at any
time 
8thereafter. All repayments required to be made by a school 
9district
shall be received by the State Board and deposited in 
10the School District
Emergency Financial Assistance Fund.

11 In establishing the terms and conditions for the
repayment 
12obligation of the school district the Panel shall
annually 
13determine whether a separate local property tax levy is

14required. The board of any school district with a tax rate
for 
15educational purposes for the prior year of less than
120% of 
16the maximum rate for educational purposes authorized
by 
17Section 17-2 shall provide for a separate
tax levy for 
18emergency financial assistance repayment
purposes. Such tax 
19levy shall not be subject to referendum approval. The
amount 
20of the levy shall be equal to the
amount necessary to meet the 
21annual repayment obligations of
the district as established by 
22the Panel, or 20% of the
amount levied for educational 
23purposes for the prior year,
whichever is less. However, no 
24district shall be
required to levy the tax if the district's 
25operating tax
rate as determined under Section
18-8, 18-8.05, 
26or 18-8.15 exceeds 200% of the district's tax rate for 
 
 
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1educational
purposes for the prior year.

2(Source: P.A. 100-465, eff. 8-31-17.)





3 (105 ILCS 5/1F-25)



4(This Section scheduled to be repealed in accordance with 105 
5ILCS 5/1F-165)
6 Sec. 1F-25. General powers. The purposes of the Authority 
7shall be
to exercise financial control over the district and 
8to furnish financial
assistance so that the district can 
9provide public education within the
district's jurisdiction 
10while permitting the district to meet its obligations
to its 
11creditors and the holders of its debt. Except as
expressly 
12limited by this Article, the Authority shall have all powers

13granted to a voluntary or involuntary Financial Oversight 
14Panel and to
a Financial Administrator under Article 1B of 
15this Code and all other powers
necessary to meet its 
16responsibilities and to carry out its purposes
and the 
17purposes of this Article, including without limitation all of 
18the
following powers,
provided that the Authority shall have 
19no power
to
terminate any employee without following the 
20statutory procedures for
such terminations set forth in this 
21Code:


22  (1) To sue and to be sued.


23  (2) To make, cancel, modify, and execute contracts, 
24 leases, subleases, and
all other
instruments or agreements 
25 necessary or convenient for the exercise of
the powers and 
 
 
10200HB5186sam005- 61 -LRB102 24774 SPS 38881 a


1 functions granted by this Article, subject to Section 
2 1F-45 of
this Code.
The Authority may at a regular or 
3 special meeting find that the district has
insufficient or 
4 inadequate funds
with respect to any contract, other than 
5 collective bargaining agreements.


6  (3) To purchase real or personal property necessary or 
7 convenient
for its purposes; to execute and deliver deeds 
8 for real property held in
its own name; and to sell, lease, 
9 or otherwise dispose of such of
its property as, in the 
10 judgment of the Authority, is no longer
necessary for its 
11 purposes.


12  (4) To appoint officers, agents, and employees of the 
13 Authority,
including a chief executive officer, a chief 
14 fiscal officer, and a chief
educational officer; to define 
15 their duties and qualifications; and to
fix their 
16 compensation and employee benefits.


17  (5) To transfer to the district such sums of money
as 
18 are not required for other purposes.


19  (6) To borrow money, including without limitation 
20 accepting State loans,
and to
issue obligations pursuant 
21 to this
Article; to fund, refund, or advance refund the 
22 same; to provide for the
rights of the holders of its 
23 obligations; and to repay any advances.


24  (6.5) To levy all property tax levies that otherwise 
25 could be levied by
the district, and to make
levies 
26 pursuant to Section 1F-62 of this Code.
This levy or 
 
 
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1 levies shall be exempt from the Truth in Taxation Law
and 
2 the Cook County Truth in Taxation Law.


3  (7) Subject to the provisions of any contract with or 
4 for the
benefit of the holders of its obligations, to 
5 purchase or redeem its
obligations.


6  (8) To procure all necessary goods and services for 
7 the Authority
in compliance with the purchasing laws and 
8 requirements applicable to
the district.


9  (9) To do any and all things necessary or convenient 
10 to carry out
its purposes and exercise the powers given to 
11 it by this
Article.


12  (10) To recommend annexation,
consolidation, 
13 dissolution, or reorganization of the district, in whole 
14 or in
part, to the
State Board if in the Authority's 
15 judgment the circumstances so
require. No such proposal 
16 for annexation, consolidation,
dissolution, or 
17 reorganization shall occur unless the Authority and the 
18 school
boards of all other
districts directly affected by 
19 the
annexation, consolidation, dissolution, or

20 reorganization
have each approved by majority vote the

21 annexation, consolidation, dissolution, or

22 reorganization.
Notwithstanding any other law to the 
23 contrary, upon approval of the proposal
by the State 
24 Board, the State Board and all other affected entities 
25 shall
forthwith implement the proposal.
When a dissolution 
26 and annexation becomes
effective for
purposes of 
 
 
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1 administration and attendance,
the positions of
teachers 
2 in contractual continued service in the district
being 
3 dissolved shall be transferred to the annexing district
or 
4 districts, pursuant to the provisions of Section 24-12 of

5 this Code.
In the event that the territory is added to 2 or

6 more districts, the decision on which positions shall be

7 transferred to which annexing districts shall be made by

8 giving consideration to the proportionate percentage of

9 pupils transferred and the annexing districts' staffing

10 needs, and the transfer of teachers in contractual 
11 continued service
into
positions shall be based upon the 
12 request
of those teachers in contractual continued service

13 in order of seniority in the dissolving district.
The 
14 status of
all teachers in contractual continued service

15 transferred to an annexing district shall not be
lost, and 
16 the board of the annexing district is subject to
this Code 
17 with respect to teachers in contractual continued service

18 who are transferred in the same
manner as if the person 
19 were the annexing district's employee
and had been its 
20 employee during the time the person was
actually employed 
21 by the board of the dissolving district
from which the 
22 position was transferred.

23(Source: P.A. 92-855, eff. 12-6-02.)





24 (105 ILCS 5/1F-90)



25(This Section scheduled to be repealed in accordance with 105 
 
 
10200HB5186sam005- 64 -LRB102 24774 SPS 38881 a


1ILCS 5/1F-165)
2 Sec. 1F-90. Tax anticipation warrants. An Authority shall 
3have the same power to issue tax anticipation warrants as a

4school board under Section 17-16 of this
Code. Tax 
5anticipation
warrants are considered borrowing from sources 
6other than the State
and are
subject to Section 1F-62 of this

7Code.

8(Source: P.A. 92-855, eff. 12-6-02.)


9 (105 ILCS 5/2-3.146)

10 Sec. 2-3.146. Severely overcrowded schools grant program. 
11There is created a grant program, subject to appropriation, 
12for severely overcrowded schools. The State Board of Education 
13shall administer the program. Grant funds may be used for 
14purposes of relieving overcrowding. In order for a school 
15district to be eligible for a grant under this Section, (i) the 
16main administrative office of the district must be located in 
17a city of 85,000 or more in population, according to the 2000 
18U.S. Census, and (ii) the school district must have a 
19district-wide percentage of low-income students of 70% or 
20more, as identified by the 2005-2006 School Report Cards 
21published by the State Board of Education, and (iii) the 
22school district must not be eligible for a fast growth grant 
23under Section 18-8.10 of this Code. The State Board of 
24Education shall distribute the funds on a proportional basis 
25with no single district receiving more than 75% of the funds in 
 
 
10200HB5186sam005- 65 -LRB102 24774 SPS 38881 a


1any given year. The State Board of Education may adopt rules as 
2needed for the implementation and distribution of grants under 
3this Section.

4(Source: P.A. 95-707, eff. 1-11-08.)



5 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)


6 Sec. 10-21.9. Criminal history records checks and checks 
7of the Statewide Sex Offender Database and Statewide Murderer 
8and Violent Offender Against Youth Database.

9 (a) Licensed and nonlicensed applicants for employment 
10with a school
district, except school bus driver applicants, 
11are required as a condition
of employment to authorize a 
12fingerprint-based criminal history records check to determine 
13if such applicants have been convicted of any disqualifying, 
14enumerated criminal or drug offenses in subsection (c) of this 
15Section or
have been convicted, within 7 years of the 
16application for employment with
the
school district, of any 
17other felony under the laws of this State or of any
offense 
18committed or attempted in any other state or against the laws 
19of
the United States that, if committed or attempted in this 
20State, would
have been punishable as a felony under the laws of 
21this State.
Authorization for
the check shall be furnished by 
22the applicant to
the school district, except that if the 
23applicant is a substitute teacher
seeking employment in more 
24than one school district, a teacher seeking
concurrent 
25part-time employment positions with more than one school

 
 
10200HB5186sam005- 66 -LRB102 24774 SPS 38881 a


1district (as a reading specialist, special education teacher 
2or otherwise),
or an educational support personnel employee 
3seeking employment positions
with more than one district, any 
4such district may require the applicant to
furnish 
5authorization for
the check to the regional superintendent
of 
6the educational service region in which are located the school 
7districts
in which the applicant is seeking employment as a 
8substitute or concurrent
part-time teacher or concurrent 
9educational support personnel employee.
Upon receipt of this 
10authorization, the school district or the appropriate
regional 
11superintendent, as the case may be, shall submit the 
12applicant's
name, sex, race, date of birth, social security 
13number, fingerprint images, and other identifiers, as 
14prescribed by the Illinois State Police, to the Illinois State 
15Police. The regional
superintendent submitting the requisite 
16information to the Illinois
State Police shall promptly notify 
17the school districts in which the
applicant is seeking 
18employment as a substitute or concurrent part-time
teacher or 
19concurrent educational support personnel employee that
the

20check of the applicant has been requested. The Illinois State 
21Police and the Federal Bureau of Investigation shall furnish, 
22pursuant to a fingerprint-based criminal history records 
23check, records of convictions, forever and hereinafter, until 
24expunged, to the president of the school board for the school 
25district that requested the check, or to the regional 
26superintendent who requested the check.
The Illinois State 
 
 
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1Police
shall charge
the school district
or the appropriate 
2regional superintendent a fee for
conducting
such check, which 
3fee shall be deposited in the State
Police Services Fund and 
4shall not exceed the cost of
the inquiry; and the
applicant 
5shall not be charged a fee for
such check by the school

6district or by the regional superintendent, except that those 
7applicants seeking employment as a substitute teacher with a 
8school district may be charged a fee not to exceed the cost of 
9the inquiry. Subject to appropriations for these purposes, the 
10State Superintendent of Education shall reimburse school 
11districts and regional superintendents for fees paid to obtain 
12criminal history records checks under this Section.

13 (a-5) The school district or regional superintendent shall 
14further perform a check of the Statewide Sex Offender 
15Database, as authorized by the Sex Offender Community 
16Notification Law, for each applicant. The check of the 
17Statewide Sex Offender Database must be conducted by the 
18school district or regional superintendent once for every 5 
19years that an applicant remains employed by the school 
20district. 
21 (a-6) The school district or regional superintendent shall 
22further perform a check of the Statewide Murderer and Violent 
23Offender Against Youth Database, as authorized by the Murderer 
24and Violent Offender Against Youth Community Notification Law, 
25for each applicant. The check of the Murderer and Violent 
26Offender Against Youth Database must be conducted by the 
 
 
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1school district or regional superintendent once for every 5 
2years that an applicant remains employed by the school 
3district. 
4 (b)
Any information
concerning the record of convictions 
5obtained by the president of the
school board or the regional 
6superintendent shall be confidential and may
only be 
7transmitted to the superintendent of the school district or 
8his
designee, the appropriate regional superintendent if
the 
9check was
requested by the school district, the presidents of 
10the appropriate school
boards if
the check was requested from 
11the Illinois State
Police by the regional superintendent, the 
12State Board of Education and a school district as authorized 
13under subsection (b-5), the State Superintendent of
Education, 
14the State Educator Preparation and Licensure Board, any other 
15person
necessary to the decision of hiring the applicant for 
16employment, or for clarification purposes the Illinois State 
17Police or Statewide Sex Offender Database, or both. A copy
of 
18the record of convictions obtained from the Illinois State 
19Police
shall be provided to the applicant for employment. Upon 
20the check of the Statewide Sex Offender Database or Statewide 
21Murderer and Violent Offender Against Youth Database, the 
22school district or regional superintendent shall notify an 
23applicant as to whether or not the applicant has been 
24identified in the Database. If a check of
an applicant for 
25employment as a substitute or concurrent part-time teacher
or 
26concurrent educational support personnel employee in more than 
 
 
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1one
school district was requested by the regional 
2superintendent, and the Illinois
State Police upon a check 
3ascertains that the applicant
has not been convicted of any of 
4the enumerated criminal or drug offenses
in subsection (c) of 
5this Section
or has not been convicted, within 7 years of the

6application for
employment with the
school district, of any 
7other felony under the laws of this State or of any
offense 
8committed or attempted in any other state or against the laws 
9of
the United States that, if committed or attempted in this 
10State, would
have been punishable as a felony under the laws of 
11this State
and so notifies the regional
superintendent and if 
12the regional superintendent upon a check ascertains that the 
13applicant has not been identified in the Sex Offender Database 
14or Statewide Murderer and Violent Offender Against Youth 
15Database, then the
regional superintendent shall issue to the 
16applicant a certificate
evidencing that as of the date 
17specified by the Illinois State Police
the applicant has not 
18been convicted of any of the enumerated criminal or
drug 
19offenses in subsection (c) of this Section
or has not been

20convicted, within 7 years of the application for employment 
21with the
school district, of any other felony under the laws of 
22this State or of any
offense committed or attempted in any 
23other state or against the laws of
the United States that, if 
24committed or attempted in this State, would
have been 
25punishable as a felony under the laws of this State and 
26evidencing that as of the date that the regional 
 
 
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1superintendent conducted a check of the Statewide Sex Offender 
2Database or Statewide Murderer and Violent Offender Against 
3Youth Database, the applicant has not been identified in the 
4Database. The school
board of
any
school district
may rely on 
5the
certificate issued by any regional superintendent to that 
6substitute teacher, concurrent part-time teacher, or 
7concurrent educational support personnel employee or may

8initiate its own criminal history records check of the 
9applicant through the Illinois
State Police and its own check 
10of the Statewide Sex Offender Database or Statewide Murderer 
11and Violent Offender Against Youth Database as provided in 
12this Section. Any unauthorized release of confidential 
13information may be a violation of Section 7 of the Criminal 
14Identification Act.

15 (b-5) If a criminal history records check or check of the 
16Statewide Sex Offender Database or Statewide Murderer and 
17Violent Offender Against Youth Database is performed by a 
18regional superintendent for an applicant seeking employment as 
19a substitute teacher with a school district, the regional 
20superintendent may disclose to the State Board of Education 
21whether the applicant has been issued a certificate under 
22subsection (b) based on those checks. If the State Board 
23receives information on an applicant under this subsection, 
24then it must indicate in the Educator Licensure Information 
25System for a 90-day period that the applicant has been issued 
26or has not been issued a certificate. 
 
 
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1 (c) No school board shall knowingly employ a person who 
2has been
convicted of any offense that would subject him or her 
3to license suspension or revocation pursuant to Section 21B-80 
4of this Code, except as provided under subsection (b) of 
5Section 21B-80.
Further, no school board shall knowingly 
6employ a person who has been found
to be the perpetrator of 
7sexual or physical abuse of any minor under 18 years
of age 
8pursuant to proceedings under Article II of the Juvenile Court 
9Act of
1987. As a condition of employment, each school board 
10must consider the status of a person who has been issued an 
11indicated finding of abuse or neglect of a child by the 
12Department of Children and Family Services under the Abused 
13and Neglected Child Reporting Act or by a child welfare agency 
14of another jurisdiction. 

15 (d) No school board shall knowingly employ a person for 
16whom a criminal
history records check and a Statewide Sex 
17Offender Database check have not been initiated.

18 (e) Within 10 days after a superintendent, regional office 
19of education, or entity that provides background checks of 
20license holders to public schools receives information of a 
21pending criminal charge against a license holder for an 
22offense set forth in Section 21B-80 of this Code, the 
23superintendent, regional office of education, or entity must 
24notify the State Superintendent of Education of the pending 
25criminal charge. 
26 If permissible by federal or State law, no later than 15 
 
 
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1business days after receipt of a record of conviction or of 
2checking the Statewide Murderer and Violent Offender Against 
3Youth Database or the Statewide Sex Offender Database and 
4finding a registration, the superintendent of the employing 
5school board or the applicable regional superintendent shall, 
6in writing, notify the State Superintendent of Education of 
7any license holder who has been convicted of a crime set forth 
8in Section 21B-80 of this Code. Upon receipt of the record of a 
9conviction of or a finding of child
abuse by a holder of any 
10license
issued pursuant to Article 21B or Section 34-8.1 or 
1134-83 of this the
School Code, the
State Superintendent of 
12Education may initiate licensure suspension
and revocation 
13proceedings as authorized by law. If the receipt of the record 
14of conviction or finding of child abuse is received within 6 
15months after the initial grant of or renewal of a license, the 
16State Superintendent of Education may rescind the license 
17holder's license. 

18 (e-5) The superintendent of the employing school board 
19shall, in writing, notify the State Superintendent of 
20Education and the applicable regional superintendent of 
21schools of any license holder whom he or she has reasonable 
22cause to believe has committed an intentional act of abuse or 
23neglect with the result of making a child an abused child or a 
24neglected child, as defined in Section 3 of the Abused and 
25Neglected Child Reporting Act, and that act resulted in the 
26license holder's dismissal or resignation from the school 
 
 
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1district. This notification must be submitted within 30 days 
2after the dismissal or resignation and must include the 
3Illinois Educator Identification Number (IEIN) of the license 
4holder and a brief description of the misconduct alleged. The 
5license holder must also be contemporaneously sent a copy of 
6the notice by the superintendent. All correspondence, 
7documentation, and other information so received by the 
8regional superintendent of schools, the State Superintendent 
9of Education, the State Board of Education, or the State 
10Educator Preparation and Licensure Board under this subsection 
11(e-5) is confidential and must not be disclosed to third 
12parties, except (i) as necessary for the State Superintendent 
13of Education or his or her designee to investigate and 
14prosecute pursuant to Article 21B of this Code, (ii) pursuant 
15to a court order, (iii) for disclosure to the license holder or 
16his or her representative, or (iv) as otherwise provided in 
17this Article and provided that any such information admitted 
18into evidence in a hearing is exempt from this confidentiality 
19and non-disclosure requirement. Except for an act of willful 
20or wanton misconduct, any superintendent who provides 
21notification as required in this subsection (e-5) shall have 
22immunity from any liability, whether civil or criminal or that 
23otherwise might result by reason of such action.
24 (f) After January 1, 1990 the provisions of this Section 
25shall apply
to all employees of persons or firms holding 
26contracts with any school
district including, but not limited 
 
 
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1to, food service workers, school bus
drivers and other 
2transportation employees, who have direct, daily contact
with 
3the pupils of any school in such district. For purposes of 
4criminal
history records checks and checks of the Statewide 
5Sex Offender Database on employees of persons or firms holding

6contracts with more than one school district and assigned to 
7more than one
school district, the regional superintendent of 
8the educational service
region in which the contracting school 
9districts are located may, at the
request of any such school 
10district, be responsible for receiving the
authorization for
a 
11criminal history records check prepared by each such employee 
12and
submitting the same to the Illinois State Police and for 
13conducting a check of the Statewide Sex Offender Database for 
14each employee. Any information
concerning the record of 
15conviction and identification as a sex offender of any such 
16employee obtained by the
regional superintendent shall be 
17promptly reported to the president of the
appropriate school 
18board or school boards.

19 (f-5) Upon request of a school or school district, any 
20information obtained by a school district pursuant to 
21subsection (f) of this Section within the last year must be 
22made available to the requesting school or school district.
23 (g) Prior to the commencement of any student teaching 
24experience or required internship (which is referred to as 
25student teaching in this Section) in the public schools, a 
26student teacher is required to authorize a fingerprint-based 
 
 
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1criminal history records check. Authorization for and payment 
2of the costs of the check must be furnished by the student 
3teacher to the school district where the student teaching is 
4to be completed. Upon receipt of this authorization and 
5payment, the school district shall submit the student 
6teacher's name, sex, race, date of birth, social security 
7number, fingerprint images, and other identifiers, as 
8prescribed by the Illinois State Police, to the Illinois State 
9Police. The Illinois State Police and the Federal Bureau of 
10Investigation shall furnish, pursuant to a fingerprint-based 
11criminal history records check, records of convictions, 
12forever and hereinafter, until expunged, to the president of 
13the school board for the school district that requested the 
14check. The Illinois State Police shall charge the school 
15district a fee for conducting the check, which fee must not 
16exceed the cost of the inquiry and must be deposited into the 
17State Police Services Fund. The school district shall further 
18perform a check of the Statewide Sex Offender Database, as 
19authorized by the Sex Offender Community Notification Law, and 
20of the Statewide Murderer and Violent Offender Against Youth 
21Database, as authorized by the Murderer and Violent Offender 
22Against Youth Registration Act, for each student teacher. No 
23school board may knowingly allow a person to student teach for 
24whom a criminal history records check, a Statewide Sex 
25Offender Database check, and a Statewide Murderer and Violent 
26Offender Against Youth Database check have not been completed 
 
 
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1and reviewed by the district.
2 A copy of the record of convictions obtained from the 
3Illinois State Police must be provided to the student teacher. 
4Any information concerning the record of convictions obtained 
5by the president of the school board is confidential and may 
6only be transmitted to the superintendent of the school 
7district or his or her designee, the State Superintendent of 
8Education, the State Educator Preparation and Licensure Board, 
9or, for clarification purposes, the Illinois State Police or 
10the Statewide Sex Offender Database or Statewide Murderer and 
11Violent Offender Against Youth Database. Any unauthorized 
12release of confidential information may be a violation of 
13Section 7 of the Criminal Identification Act.
14 No school board shall knowingly allow a person to student 
15teach who has been convicted of any offense that would subject 
16him or her to license suspension or revocation pursuant to 
17subsection (c) of Section 21B-80 of this Code, except as 
18provided under subsection (b) of Section 21B-80. Further, no 
19school board shall allow a person to student teach if he or she 
20has been found to be the perpetrator of sexual or physical 
21abuse of a minor under 18 years of age pursuant to proceedings 
22under Article II of the Juvenile Court Act of 1987. Each school 
23board must consider the status of a person to student teach who 
24has been issued an indicated finding of abuse or neglect of a 
25child by the Department of Children and Family Services under 
26the Abused and Neglected Child Reporting Act or by a child 
 
 
10200HB5186sam005- 77 -LRB102 24774 SPS 38881 a


1welfare agency of another jurisdiction. 
2 (h) (Blank).
3(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; 
4101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. 
51-1-22; revised 10-6-21.)


6 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
7 Sec. 34-18.5. Criminal history records checks and checks 
8of the Statewide Sex Offender Database and Statewide Murderer 
9and Violent Offender Against Youth Database.
10 (a) Licensed and nonlicensed applicants for
employment 
11with the school district are required as a condition of

12employment to authorize a fingerprint-based criminal history 
13records check to determine if such applicants
have been 
14convicted of any disqualifying, enumerated criminal or drug 
15offense in
subsection (c) of this Section or have been

16convicted, within 7 years of the application for employment 
17with the
school district, of any other felony under the laws of 
18this State or of any
offense committed or attempted in any 
19other state or against the laws of
the United States that, if 
20committed or attempted in this State, would
have been 
21punishable as a felony under the laws of this State. 
22Authorization
for
the
check shall
be furnished by the 
23applicant to the school district, except that if the
applicant 
24is a substitute teacher seeking employment in more than one

25school district, or a teacher seeking concurrent part-time 
 
 
10200HB5186sam005- 78 -LRB102 24774 SPS 38881 a


1employment
positions with more than one school district (as a 
2reading specialist,
special education teacher or otherwise), 
3or an educational support
personnel employee seeking 
4employment positions with more than one
district, any such 
5district may require the applicant to furnish
authorization 
6for
the check to the regional superintendent of the

7educational service region in which are located the school 
8districts in
which the applicant is seeking employment as a 
9substitute or concurrent
part-time teacher or concurrent 
10educational support personnel employee.
Upon receipt of this 
11authorization, the school district or the appropriate
regional 
12superintendent, as the case may be, shall submit the 
13applicant's
name, sex, race, date of birth, social security 
14number, fingerprint images, and other identifiers, as 
15prescribed by the Illinois State Police, to the Illinois State 
16Police. The regional
superintendent submitting the requisite 
17information to the Illinois
State Police shall promptly notify 
18the school districts in which the
applicant is seeking 
19employment as a substitute or concurrent part-time
teacher or 
20concurrent educational support personnel employee that
the

21check of the applicant has been requested. The Illinois State

22Police and the Federal Bureau of Investigation shall furnish, 
23pursuant to a fingerprint-based criminal history records 
24check, records of convictions, forever and hereinafter, until 
25expunged, to the president of the school board for the school 
26district that requested the check, or to the regional 
 
 
10200HB5186sam005- 79 -LRB102 24774 SPS 38881 a


1superintendent who requested the check. The Illinois State 
2Police
shall charge
the school district
or the appropriate 
3regional superintendent a fee for
conducting
such check, which 
4fee shall be deposited in the State
Police Services Fund and 
5shall not exceed the cost of the inquiry; and the
applicant 
6shall not be charged a fee for
such check by the school

7district or by the regional superintendent. Subject to 
8appropriations for these purposes, the State Superintendent of 
9Education shall reimburse the school district and regional 
10superintendent for fees paid to obtain criminal history 
11records checks under this Section.
12 (a-5) The school district or regional superintendent shall 
13further perform a check of the Statewide Sex Offender 
14Database, as authorized by the Sex Offender Community 
15Notification Law, for each applicant. The check of the 
16Statewide Sex Offender Database must be conducted by the 
17school district or regional superintendent once for every 5 
18years that an applicant remains employed by the school 
19district. 
20 (a-6) The school district or regional superintendent shall 
21further perform a check of the Statewide Murderer and Violent 
22Offender Against Youth Database, as authorized by the Murderer 
23and Violent Offender Against Youth Community Notification Law, 
24for each applicant. The check of the Murderer and Violent 
25Offender Against Youth Database must be conducted by the 
26school district or regional superintendent once for every 5 
 
 
10200HB5186sam005- 80 -LRB102 24774 SPS 38881 a


1years that an applicant remains employed by the school 
2district. 
3 (b) Any
information concerning the record of convictions 
4obtained by the president
of the board of education or the 
5regional superintendent shall be
confidential and may only be 
6transmitted to the general superintendent of
the school 
7district or his designee, the appropriate regional

8superintendent if
the check was requested by the board of 
9education
for the school district, the presidents of the 
10appropriate board of
education or school boards if
the check 
11was requested from the Illinois
State Police by the regional 
12superintendent, the State Board of Education and the school 
13district as authorized under subsection (b-5), the State

14Superintendent of Education, the State Educator Preparation 
15and Licensure Board or any
other person necessary to the 
16decision of hiring the applicant for
employment. A copy of the 
17record of convictions obtained from the Illinois
State Police 
18shall be provided to the applicant for
employment. Upon the 
19check of the Statewide Sex Offender Database or Statewide 
20Murderer and Violent Offender Against Youth Database, the 
21school district or regional superintendent shall notify an 
22applicant as to whether or not the applicant has been 
23identified in the Database. If a check of an applicant for 
24employment as a
substitute or concurrent part-time teacher or 
25concurrent educational
support personnel employee in more than 
26one school district was requested
by the regional 
 
 
10200HB5186sam005- 81 -LRB102 24774 SPS 38881 a


1superintendent, and the Illinois State Police upon
a check 
2ascertains that the applicant has not been convicted of any
of 
3the enumerated criminal or drug offenses in subsection (c) of 
4this Section
or has not been
convicted,
within 7 years of the 
5application for employment with the
school district, of any 
6other felony under the laws of this State or of any
offense 
7committed or attempted in any other state or against the laws 
8of
the United States that, if committed or attempted in this 
9State, would
have been punishable as a felony under the laws of 
10this State and so
notifies the regional superintendent and if 
11the regional superintendent upon a check ascertains that the 
12applicant has not been identified in the Sex Offender Database 
13or Statewide Murderer and Violent Offender Against Youth 
14Database, then the regional superintendent
shall issue to the 
15applicant a certificate evidencing that as of the date

16specified by the Illinois State Police the applicant has not 
17been
convicted of any of the enumerated criminal or drug 
18offenses in subsection
(c) of this Section
or has not been

19convicted, within 7 years of the application for employment 
20with the
school district, of any other felony under the laws of 
21this State or of any
offense committed or attempted in any 
22other state or against the laws of
the United States that, if 
23committed or attempted in this State, would
have been 
24punishable as a felony under the laws of this State and 
25evidencing that as of the date that the regional 
26superintendent conducted a check of the Statewide Sex Offender 
 
 
10200HB5186sam005- 82 -LRB102 24774 SPS 38881 a


1Database or Statewide Murderer and Violent Offender Against 
2Youth Database, the applicant has not been identified in the 
3Database. The school
board of any school district may rely on 
4the certificate issued by any regional
superintendent to that 
5substitute teacher, concurrent part-time teacher, or 
6concurrent educational support personnel employee
or may 
7initiate its own criminal history records check of
the 
8applicant through the Illinois State Police and its own check 
9of the Statewide Sex Offender Database or Statewide Murderer 
10and Violent Offender Against Youth Database as provided in

11this Section. Any unauthorized release of confidential 
12information may be a violation of Section 7 of the Criminal 
13Identification Act.
14 (b-5) If a criminal history records check or check of the 
15Statewide Sex Offender Database or Statewide Murderer and 
16Violent Offender Against Youth Database is performed by a 
17regional superintendent for an applicant seeking employment as 
18a substitute teacher with the school district, the regional 
19superintendent may disclose to the State Board of Education 
20whether the applicant has been issued a certificate under 
21subsection (b) based on those checks. If the State Board 
22receives information on an applicant under this subsection, 
23then it must indicate in the Educator Licensure Information 
24System for a 90-day period that the applicant has been issued 
25or has not been issued a certificate. 
26 (c) The board of education shall not knowingly employ a 
 
 
10200HB5186sam005- 83 -LRB102 24774 SPS 38881 a


1person who has
been convicted of any offense that would 
2subject him or her to license suspension or revocation 
3pursuant to Section 21B-80 of this Code, except as provided 
4under subsection (b) of 21B-80.
Further, the board of 
5education shall not knowingly employ a person who has
been 
6found to be the perpetrator of sexual or physical abuse of any 
7minor under
18 years of age pursuant to proceedings under 
8Article II of the Juvenile Court
Act of 1987. As a condition of 
9employment, the board of education must consider the status of 
10a person who has been issued an indicated finding of abuse or 
11neglect of a child by the Department of Children and Family 
12Services under the Abused and Neglected Child Reporting Act or 
13by a child welfare agency of another jurisdiction.
14 (d) The board of education shall not knowingly employ a 
15person for whom
a criminal history records check and a 
16Statewide Sex Offender Database check have not been initiated.
17 (e) Within 10 days after the general superintendent of 
18schools, a regional office of education, or an entity that 
19provides background checks of license holders to public 
20schools receives information of a pending criminal charge 
21against a license holder for an offense set forth in Section 
2221B-80 of this Code, the superintendent, regional office of 
23education, or entity must notify the State Superintendent of 
24Education of the pending criminal charge. 
25 No later than 15 business days after receipt of a record of 
26conviction or of checking the Statewide Murderer and Violent 
 
 
10200HB5186sam005- 84 -LRB102 24774 SPS 38881 a


1Offender Against Youth Database or the Statewide Sex Offender 
2Database and finding a registration, the general 
3superintendent of schools or the applicable regional 
4superintendent shall, in writing, notify the State 
5Superintendent of Education of any license holder who has been 
6convicted of a crime set forth in Section 21B-80 of this Code. 
7Upon receipt of the record of a conviction of or a finding of 
8child
abuse by a holder of any license
issued pursuant to 
9Article 21B or Section 34-8.1 or 34-83 of this Code, the State 
10Superintendent of
Education may initiate licensure suspension 
11and revocation
proceedings as authorized by law. If the 
12receipt of the record of conviction or finding of child abuse 
13is received within 6 months after the initial grant of or 
14renewal of a license, the State Superintendent of Education 
15may rescind the license holder's license.
16 (e-5) The general superintendent of schools shall, in 
17writing, notify the State Superintendent of Education of any 
18license holder whom he or she has reasonable cause to believe 
19has committed an intentional act of abuse or neglect with the 
20result of making a child an abused child or a neglected child, 
21as defined in Section 3 of the Abused and Neglected Child 
22Reporting Act, and that act resulted in the license holder's 
23dismissal or resignation from the school district and must 
24include the Illinois Educator Identification Number (IEIN) of 
25the license holder and a brief description of the misconduct 
26alleged. This notification must be submitted within 30 days 
 
 
10200HB5186sam005- 85 -LRB102 24774 SPS 38881 a


1after the dismissal or resignation. The license holder must 
2also be contemporaneously sent a copy of the notice by the 
3superintendent. All correspondence, documentation, and other 
4information so received by the State Superintendent of 
5Education, the State Board of Education, or the State Educator 
6Preparation and Licensure Board under this subsection (e-5) is 
7confidential and must not be disclosed to third parties, 
8except (i) as necessary for the State Superintendent of 
9Education or his or her designee to investigate and prosecute 
10pursuant to Article 21B of this Code, (ii) pursuant to a court 
11order, (iii) for disclosure to the license holder or his or her 
12representative, or (iv) as otherwise provided in this Article 
13and provided that any such information admitted into evidence 
14in a hearing is exempt from this confidentiality and 
15non-disclosure requirement. Except for an act of willful or 
16wanton misconduct, any superintendent who provides 
17notification as required in this subsection (e-5) shall have 
18immunity from any liability, whether civil or criminal or that 
19otherwise might result by reason of such action.
20 (f) After March 19, 1990, the provisions of this Section 
21shall apply to
all employees of persons or firms holding 
22contracts with any school district
including, but not limited 
23to, food service workers, school bus drivers and
other 
24transportation employees, who have direct, daily contact with 
25the
pupils of any school in such district. For purposes of 
26criminal history records checks and checks of the Statewide 
 
 
10200HB5186sam005- 86 -LRB102 24774 SPS 38881 a


1Sex Offender Database on employees of persons or firms holding 
2contracts with more
than one school district and assigned to 
3more than one school district, the
regional superintendent of 
4the educational service region in which the
contracting school 
5districts are located may, at the request of any such
school 
6district, be responsible for receiving the authorization for
a 
7criminal history records check prepared by each such employee 
8and submitting the same to the Illinois
State Police and for 
9conducting a check of the Statewide Sex Offender Database for 
10each employee. Any information concerning the record of

11conviction and identification as a sex offender of any such 
12employee obtained by the regional superintendent
shall be 
13promptly reported to the president of the appropriate school 
14board
or school boards.
15 (f-5) Upon request of a school or school district, any 
16information obtained by the school district pursuant to 
17subsection (f) of this Section within the last year must be 
18made available to the requesting school or school district.
19 (g) Prior to the commencement of any student teaching 
20experience or required internship (which is referred to as 
21student teaching in this Section) in the public schools, a 
22student teacher is required to authorize a fingerprint-based 
23criminal history records check. Authorization for and payment 
24of the costs of the check must be furnished by the student 
25teacher to the school district. Upon receipt of this 
26authorization and payment, the school district shall submit 
 
 
10200HB5186sam005- 87 -LRB102 24774 SPS 38881 a


1the student teacher's name, sex, race, date of birth, social 
2security number, fingerprint images, and other identifiers, as 
3prescribed by the Illinois State Police, to the Illinois State 
4Police. The Illinois State Police and the Federal Bureau of 
5Investigation shall furnish, pursuant to a fingerprint-based 
6criminal history records check, records of convictions, 
7forever and hereinafter, until expunged, to the president of 
8the board. The Illinois State Police shall charge the school 
9district a fee for conducting the check, which fee must not 
10exceed the cost of the inquiry and must be deposited into the 
11State Police Services Fund. The school district shall further 
12perform a check of the Statewide Sex Offender Database, as 
13authorized by the Sex Offender Community Notification Law, and 
14of the Statewide Murderer and Violent Offender Against Youth 
15Database, as authorized by the Murderer and Violent Offender 
16Against Youth Registration Act, for each student teacher. The 
17board may not knowingly allow a person to student teach for 
18whom a criminal history records check, a Statewide Sex 
19Offender Database check, and a Statewide Murderer and Violent 
20Offender Against Youth Database check have not been completed 
21and reviewed by the district.
22 A copy of the record of convictions obtained from the 
23Illinois State Police must be provided to the student teacher. 
24Any information concerning the record of convictions obtained 
25by the president of the board is confidential and may only be 
26transmitted to the general superintendent of schools or his or 
 
 
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1her designee, the State Superintendent of Education, the State 
2Educator Preparation and Licensure Board, or, for 
3clarification purposes, the Illinois State Police or the 
4Statewide Sex Offender Database or Statewide Murderer and 
5Violent Offender Against Youth Database. Any unauthorized 
6release of confidential information may be a violation of 
7Section 7 of the Criminal Identification Act.
8 The board may not knowingly allow a person to student 
9teach who has been convicted of any offense that would subject 
10him or her to license suspension or revocation pursuant to 
11subsection (c) of Section 21B-80 of this Code, except as 
12provided under subsection (b) of Section 21B-80. Further, the 
13board may not allow a person to student teach if he or she has 
14been found to be the perpetrator of sexual or physical abuse of 
15a minor under 18 years of age pursuant to proceedings under 
16Article II of the Juvenile Court Act of 1987. The board must 
17consider the status of a person to student teach who has been 
18issued an indicated finding of abuse or neglect of a child by 
19the Department of Children and Family Services under the 
20Abused and Neglected Child Reporting Act or by a child welfare 
21agency of another jurisdiction.
22 (h) (Blank).
23(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; 
24101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. 
251-1-22; revised 10-18-21.)

 
 
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1 (105 ILCS 5/1F-62 rep.)
2 (105 ILCS 5/2-3.33a rep.)
3 (105 ILCS 5/2-3.128 rep.)
4 (105 ILCS 5/18-8.10 rep.)
5 (105 ILCS 5/21-5e rep.)
6 (105 ILCS 5/34-83 rep.)
7 Section 15-10. The School Code is amended by repealing 
8Sections 1F-62, 2-3.33a, 2-3.128, 18-8.10, 21-5e, and 34-83.

9 Section 15-15. The Illinois Educational Labor Relations 
10Act is amended by changing Section 2 as follows:



11 (115 ILCS 5/2) (from Ch. 48, par. 1702)



12 Sec. 2. Definitions. As used in this Act:

13 (a) "Educational employer"
or "employer" means the 
14governing body of a public school district, including the 
15governing body of a charter school established under Article 
1627A of the School Code or of a contract school or contract 
17turnaround school established under paragraph 30 of Section 
1834-18 of the School Code, combination
of public school 
19districts, including the governing body of joint agreements
of 
20any type formed by 2 or more school districts, public 
21community college
district or State college or university, a 
22subcontractor of instructional services of a school district 
23(other than a school district organized under Article 34 of 
24the School Code), combination of school districts, charter 
 
 
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1school established under Article 27A of the School Code, or 
2contract school or contract turnaround school established 
3under paragraph 30 of Section 34-18 of the School Code, an 
4Independent Authority created under Section 2-3.25f-5 of the 
5School Code, and any State agency whose major
function is 
6providing educational services.
"Educational employer" or 
7"employer" does not include (1) a Financial Oversight
Panel 
8created pursuant to Section 1A-8 of the School Code due to a

9district
violating a financial plan or (2) an approved 
10nonpublic special education facility that contracts with a 
11school district or combination of school districts to provide 
12special education services pursuant to Section 14-7.02 of the 
13School Code, but does include a School Finance Authority

14created
under Article 1E or 1F of the School Code and a 
15Financial Oversight Panel created under Article 1B or 1H of 
16the School Code. The change made by this amendatory Act of the 
1796th General Assembly to this paragraph (a) to make clear that 
18the governing body of a charter school is an "educational 
19employer" is declaratory of existing law. 

20 (b) "Educational employee" or "employee" means any 
21individual, excluding
supervisors, managerial, confidential, 
22short term employees, student, and
part-time academic 
23employees of community colleges employed full or part
time by 
24an educational employer, but shall not include elected 
25officials
and appointees of the Governor with the advice and 
26consent of the Senate,
firefighters as defined by subsection 
 
 
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1(g-1) of Section 3 of the Illinois
Public Labor Relations Act, 
2and peace officers employed by a State
university. For the 
3purposes of this Act, part-time
academic employees of 
4community colleges shall be defined as those
employees who 
5provide less than 3 credit hours of instruction per
academic

6semester. In this subsection (b), the term "student" does not 
7include
graduate students who are research assistants 
8primarily
performing duties that involve research, graduate 
9assistants primarily
performing duties that are 
10pre-professional, graduate
students who are teaching 
11assistants primarily performing duties that
involve the 
12delivery and support of instruction, or any other graduate

13assistants.

14 (c) "Employee organization" or "labor organization" means 
15an organization
of any kind in which membership includes 
16educational employees, and which
exists for the purpose, in 
17whole or in part, of dealing with employers
concerning 
18grievances, employee-employer disputes, wages, rates of pay,

19hours of employment, or conditions of work, but shall not 
20include any
organization which practices discrimination in 
21membership because of race,
color, creed, age, gender, 
22national origin or political affiliation.

23 (d) "Exclusive representative" means the labor 
24organization which has
been designated by the Illinois 
25Educational Labor Relations Board as the
representative of the 
26majority of educational employees in an appropriate
unit, or 
 
 
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1recognized by an educational employer prior to January 1, 1984 
2as
the exclusive representative of the employees in an 
3appropriate unit or,
after January 1, 1984, recognized by an 
4employer upon evidence that the
employee organization has been 
5designated as the exclusive representative
by a majority of 
6the employees in an appropriate unit.

7 (e) "Board" means the Illinois Educational Labor Relations 
8Board.

9 (f) "Regional Superintendent" means the regional 
10superintendent of
schools provided for in Articles 3 and 3A of 
11The School Code.

12 (g) "Supervisor" means any individual having authority in 
13the interests
of the employer to hire, transfer, suspend, lay 
14off, recall, promote,
discharge, reward or discipline other 
15employees within the appropriate
bargaining unit and adjust 
16their grievances, or to effectively recommend
such action if 
17the exercise of such authority is not of a merely routine or

18clerical nature but requires the use of independent judgment. 
19The term
"supervisor" includes only those individuals who 
20devote a preponderance of
their employment time to such 
21exercising authority.

22 (h) "Unfair labor practice" or "unfair practice" means any 
23practice
prohibited by Section 14 of this Act.

24 (i) "Person" includes an individual, educational employee, 
25educational
employer, legal representative, or employee 
26organization.

 
 
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1 (j) "Wages" means salaries or other forms of compensation 
2for services
rendered.

3 (k) "Professional employee" means, in the case of a public 
4community
college, State college or university, State agency 
5whose major function is
providing educational services, the 
6Illinois School for the Deaf, and the
Illinois School for the 
7Visually Impaired, (1) any employee engaged in work
(i) 
8predominantly intellectual and varied in character as opposed 
9to
routine mental, manual, mechanical, or physical work; (ii) 
10involving the
consistent exercise of discretion and judgment 
11in its performance; (iii) of
such character that the output 
12produced or the result accomplished cannot
be standardized in 
13relation to a given period of time; and (iv) requiring

14knowledge of an advanced type in a field of science or learning 
15customarily
acquired by a prolonged course of specialized 
16intellectual instruction and
study in an institution of higher 
17learning or a hospital, as distinguished
from a general 
18academic education or from an apprenticeship or from training

19in the performance of routine mental, manual, or physical 
20processes; or
(2) any employee, who (i) has completed the 
21courses of specialized
intellectual instruction and study 
22described in clause (iv) of paragraph
(1) of this subsection, 
23and (ii) is performing related work under the
supervision of a 
24professional person to qualify himself or herself to
become a 
25professional as defined in paragraph (l).

26 (l) "Professional employee" means, in the case of any 
 
 
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1public school
district, or combination of school districts 
2pursuant to joint agreement,
any employee who has a 
3certificate issued under Article 21 or Section 34-83
of the 
4School Code, as now or hereafter amended.

5 (m) "Unit" or "bargaining unit" means any group of 
6employees for which
an exclusive representative is selected.

7 (n) "Confidential employee" means an employee, who (i) in 
8the regular
course of his or her duties, assists and acts in a 
9confidential capacity to
persons who formulate, determine and 
10effectuate management policies with
regard to labor relations 
11or who (ii) in the regular course of his or her
duties has 
12access to information relating to the effectuation or review 
13of
the employer's collective bargaining policies.

14 (o) "Managerial employee" means an individual who is 
15engaged
predominantly in executive and management functions 
16and is charged with the
responsibility of directing the 
17effectuation of such management policies and
practices.

18 (p) "Craft employee" means a skilled journeyman, craft 
19person, and his
or her apprentice or helper.

20 (q) "Short-term employee" is an employee who is employed 
21for less than
2 consecutive calendar quarters during a 
22calendar year and who does not
have a reasonable expectation 
23that he or she will be rehired by the same
employer for the 
24same service in a subsequent calendar year. Nothing in
this 
25subsection shall affect the employee status of individuals who 
26were
covered by a collective bargaining agreement on the 
 
 
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1effective date of this
amendatory Act of 1991.

2(Source: P.A. 101-380, eff. 1-1-20.)


3
ARTICLE 20.  FINANCE-VARIOUS


4 Section 20-5. The State Employees Group Insurance Act of 
51971 is amended by changing Section 11 as follows:




6 (5 ILCS 375/11) (from Ch. 127, par. 531)


7 Sec. 11. The amount of contribution in any fiscal year 
8from funds other than
the General Revenue Fund or the Road Fund 
9shall be at the same contribution
rate as the General Revenue 
10Fund or the Road Fund, except that in State Fiscal Year 2009 no 
11contributions shall be required from the FY09 Budget Relief 
12Fund. Contributions and payments
for life insurance shall be 
13deposited in the Group Insurance Premium Fund.
Contributions 
14and payments for health coverages and other benefits shall be

15deposited in the Health Insurance Reserve Fund. Federal funds 
16which are
available for cooperative extension purposes shall 
17also be charged for the
contributions which are made for 
18retired employees formerly employed in the
Cooperative 
19Extension Service. In the case of departments or any division

20thereof receiving a fraction of its requirements for 
21administration from the
Federal Government, the contributions 
22hereunder shall be such fraction of the
amount determined 
23under the provisions hereof and the
remainder shall be 
 
 
10200HB5186sam005- 96 -LRB102 24774 SPS 38881 a


1contributed by the State.

2 Every department which has members paid from funds other 
3than the General
Revenue Fund, or other than the FY09 Budget 
4Relief Fund in State Fiscal Year 2009, shall cooperate with 
5the Department of Central Management Services
and the

6Governor's Office of Management and Budget in order to assure 
7that the specified
proportion of the State's cost for group 
8life insurance, the program of health
benefits and other 
9employee benefits is paid by such funds; except that

10contributions under this Act need not be paid from any other

11fund where both the Director of Central Management Services 
12and the Director of
the
Governor's Office of Management and 
13Budget have designated in writing that the necessary

14contributions are included in the General Revenue Fund 
15contribution amount.

16 Universities having employees who are totally
compensated 
17out of the following funds:

18  (1) Income Funds;

19  (2) Local auxiliary funds; and

20  (3) the Agricultural Premium Fund

21shall not be required to submit such contribution for such 
22employees.

23 For each person covered under this Act whose eligibility 
24for such
coverage is based upon the person's status as the 
25recipient of a benefit
under the Illinois Pension Code, which 
26benefit is based in whole or in part
upon service with the Toll 
 
 
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1Highway Authority, the Authority shall annually
contribute a 
2pro rata share of the State's cost for the benefits of that

3person.

4(Source: P.A. 94-793, eff. 5-19-06; 95-1000, eff. 10-7-08.)


5 Section 20-10. The Department of Transportation Law of the

6Civil Administrative Code of Illinois is amended by changing 
7Section 2705-255 as follows:




8 (20 ILCS 2705/2705-255) (was 20 ILCS 2705/49.14)



9 Sec. 2705-255. Appropriations from Build Illinois Bond 
10Fund and Build
Illinois Purposes Fund. Any expenditure of 
11funds by the Department
for interchanges, for access roads to 
12and from any State or
local highway in Illinois, or for other 
13transportation capital improvements
related to an economic 
14development project pursuant to appropriations to
the 
15Department from the Build Illinois Bond Fund and the Build 
16Illinois
Purposes Fund shall be used for funding improvements 
17related to existing or
planned scientific, research, 
18manufacturing, or industrial
development or expansion in 
19Illinois. In addition, the Department may use
those funds to 
20encourage and maximize public and private
participation in

21those improvements. The Department shall consult with the

22Department of
Commerce and Economic Opportunity prior to 
23expending any funds for those purposes
pursuant to 
24appropriations from the Build Illinois Bond Fund and the Build

 
 
10200HB5186sam005- 98 -LRB102 24774 SPS 38881 a


1Illinois Purposes Fund.

2(Source: P.A. 94-793, eff. 5-19-06.)


3 Section 20-15. The Illinois Motor Vehicle Theft Prevention 
4and Insurance Verification Act is amended by changing Section 
58.6 as follows:

6 (20 ILCS 4005/8.6)
7 Sec. 8.6. State Police Training and Academy Fund; Law 
8Enforcement Training Fund. Before April 1 of each year, each 
9insurer engaged in writing private passenger motor vehicle 
10insurance coverage that is included in Class 2 and Class 3 of 
11Section 4 of the Illinois Insurance Code, as a condition of its 
12authority to transact business in this State, shall collect 
13and remit to the Department of Insurance an amount equal to $4, 
14or a lesser amount determined by the Illinois Law Enforcement 
15Training Standards Board by rule, multiplied by the insurer's 
16total earned car years of private passenger motor vehicle 
17insurance policies providing physical damage insurance 
18coverage written in this State during the preceding calendar 
19year. Of the amounts collected under this Section, the 
20Department of Insurance shall deposit 10% into the State 
21Police Training and Academy Fund and 90% into the Law 
22Enforcement Training Fund.

23(Source: P.A. 102-16, eff. 6-17-21.)

 
 
10200HB5186sam005- 99 -LRB102 24774 SPS 38881 a


1 Section 20-20. The State Finance Act is amended by 
2changing Sections 6z-75, 6z-126, 8.20, 8.25, 8.27, 8.33, and 
38f and by adding Sections 5.970, 5.971, 5.972, 5.973, 5.974, 
45.975, and 5.976 as follows:

5 (30 ILCS 105/5.970 new)
6 Sec. 5.970. The Aeronautics Fund.

7 (30 ILCS 105/5.971 new)
8 Sec. 5.971. The Emergency Planning and Training Fund.

9 (30 ILCS 105/5.972 new)
10 Sec. 5.972. The ISAC Accounts Receivable Fund.

11 (30 ILCS 105/5.973 new)
12 Sec. 5.973. The Motor Fuel and Petroleum Standards Fund.

13 (30 ILCS 105/5.974 new)
14 Sec. 5.974. The State Small Business Credit Initiative 
15Fund.

16 (30 ILCS 105/5.975 new)
17 Sec. 5.975. The Public Pension Regulation Fund.

18 (30 ILCS 105/5.976 new)
19 Sec. 5.976. The Vehicle Inspection Fund.

 
 
10200HB5186sam005- 100 -LRB102 24774 SPS 38881 a


1 (30 ILCS 105/6z-75)

2 Sec. 6z-75. The Illinois Power Agency Trust Fund.
3 (a) Creation. The Illinois Power Agency Trust Fund is 
4created as a special fund in the State treasury. The State 
5Treasurer shall be the custodian of the Fund. Amounts in the 
6Fund, both principal and interest not appropriated, shall be 
7invested as provided by law.
8 (b) Funding and investment.
9  (1) The Illinois Power Agency Trust Fund may accept, 
10 receive, and administer any grants, loans, or other funds 
11 made available to it by any source. Any such funds 
12 received by the Fund shall not be considered income, but 
13 shall be added to the principal of the Fund.
14  (2) The investments of the Fund shall be managed by 
15 the Illinois State Board of Investment, for the purpose of 
16 obtaining a total return on investments for the long term, 
17 as provided for under Article 22A of the Illinois Pension 
18 Code.
19 (c) Investment proceeds. Subject to the provisions of 
20subsection (d) of this Section, the General Assembly may 
21annually appropriate from the Illinois Power Agency Trust Fund 
22to the Illinois Power Agency Operations Fund an amount 
23calculated not to exceed 90% of the prior fiscal year's annual 
24investment income earned by the Fund to the Illinois Power 
25Agency. Any investment income not appropriated by the General 
 
 
10200HB5186sam005- 101 -LRB102 24774 SPS 38881 a


1Assembly in a given fiscal year shall be added to the principal 
2of the Fund, and thereafter considered a part thereof and not 
3subject to appropriation as income earned by the Fund.
4 (d) Expenditures.
5  (1) During Fiscal Year 2008 and Fiscal Year 2009, the 
6 General Assembly shall not appropriate any of the 
7 investment income earned by the Illinois Power Agency 
8 Trust Fund to the Illinois Power Agency.
9  (2) During Fiscal Year 2010 and Fiscal Year 2011, the 
10 General Assembly shall appropriate a portion of the 
11 investment income earned by the Illinois Power Agency 
12 Trust Fund to repay to the General Revenue Fund of the 
13 State of Illinois those amounts, if any, appropriated from 
14 the General Revenue Fund for the operation of the Illinois 
15 Power Agency during Fiscal Year 2008 and Fiscal Year 2009, 
16 so that at the end of Fiscal Year 2011, the entire amount, 
17 if any, appropriated from the General Revenue Fund for the 
18 operation of the Illinois Power Agency during Fiscal Year 
19 2008 and Fiscal Year 2009 will be repaid in full to the 
20 General Revenue Fund.
21  (3) In Fiscal Year 2012 and thereafter, the General 
22 Assembly shall consider the need to balance its 
23 appropriations from the investment income earned by the 
24 Fund with the need to provide for the growth of the 
25 principal of the Illinois Power Agency Trust Fund in order 
26 to ensure that the Fund is able to produce sufficient 
 
 
10200HB5186sam005- 102 -LRB102 24774 SPS 38881 a


1 investment income to fund the operations of the Illinois 
2 Power Agency in future years.
3  (4) If the Illinois Power Agency shall cease 
4 operations, then, unless otherwise provided for by law or 
5 appropriation, the principal and any investment income 
6 earned by the Fund shall be transferred into the 
7 Supplemental Low-Income Energy Assistance Program (LIHEAP) 
8 Fund under Section 13 of the Energy Assistance Act of 
9 1989.
10 (e) Implementation. The provisions of this Section shall 
11not be operative until the Illinois Power Agency Trust Fund 
12has accumulated a principal balance of $25,000,000.


13(Source: P.A. 99-536, eff. 7-8-16.)

14 (30 ILCS 105/6z-126)
15 Sec. 6z-126. Law Enforcement Training Fund. The Law 
16Enforcement Training Fund is hereby created as a special fund 
17in the State treasury. Moneys in the Fund shall consist of: (i) 
1890% of the revenue from increasing the insurance producer 
19license fees, as provided under subsection (a-5) of Section 
20500-135 of the Illinois Insurance Code; and (ii) 90% of the 
21moneys collected from auto insurance policy fees under Section 
228.6 of the Illinois Motor Vehicle Theft Prevention and 
23Insurance Verification Act. This Fund shall be used by the 
24Illinois Law Enforcement Training and Standards Board to fund 
25law enforcement certification compliance and the development 
 
 
10200HB5186sam005- 103 -LRB102 24774 SPS 38881 a


1and provision of basic courses by Board-approved academics, 
2and in-service courses by approved academies.

3(Source: P.A. 102-16, eff. 6-17-21.)




4 (30 ILCS 105/8.20) (from Ch. 127, par. 144.20)



5 Sec. 8.20. 
Appropriations for the ordinary and contingent 
6expenses of
the Illinois Liquor Control Commission shall be 
7paid from the Dram Shop Fund.
Beginning June 30, 1990 and on 
8June 30 of each subsequent year through June
29, 2003, any 
9balance
over $5,000,000 remaining in the Dram Shop Fund shall 
10be credited to State
liquor licensees and applied against 
11their fees for State liquor licenses
for the following year. 
12The amount credited to each licensee shall be a
proportion of 
13the balance in the Dram Shop Fund that is the same as the

14proportion of the license fee paid by the licensee under 
15Section 5-3 of the
Liquor Control Act of 1934, as now or 
16hereafter amended, for the period in
which the balance was 
17accumulated to the aggregate fees paid by all
licensees during 
18that period.

19 In addition to any other permitted use of moneys in the 
20Fund, and
notwithstanding any restriction on the use of the 
21Fund, moneys in the Dram Shop
Fund may be transferred to the 
22General Revenue Fund as authorized by Public
Act 87-14. The 
23General Assembly finds that an excess of moneys existed in
the 
24Fund on July 30, 1991, and the Governor's order of July 30, 
251991,
requesting the Comptroller and Treasurer to transfer an 
 
 
10200HB5186sam005- 104 -LRB102 24774 SPS 38881 a


1amount from the
Fund to the General Revenue Fund is hereby 
2validated.

3(Source: P.A. 93-22, eff. 6-20-03.)





4 (30 ILCS 105/8.25) (from Ch. 127, par. 144.25)



5 Sec. 8.25. Build Illinois Fund; uses. 

6 (A) All moneys in the Build Illinois Fund shall be 
7transferred,
appropriated, and used only for the purposes 
8authorized by and subject to
the limitations and conditions 
9prescribed by this Section. There are
established the 
10following accounts in the Build Illinois Fund: the
McCormick 
11Place Account, the Build Illinois Bond Account, the Build

12Illinois Purposes Account, the
Park and Conservation Fund 
13Account, and the Tourism Advertising and
Promotion Account. 
14Amounts deposited into the Build Illinois Fund consisting
of 
151.55% before July 1, 1986, and 1.75% on and after July 1, 1986, 
16of
moneys received by the Department of Revenue under Section 
179 of
the Use Tax Act, Section 9 of the Service Use Tax Act, 
18Section 9 of
the Service Occupation Tax Act, and Section 3 of 
19the Retailers' Occupation
Tax Act, and all amounts deposited 
20therein under Section 28 of
the Illinois Horse Racing Act of 
211975, Section 4.05 of the Chicago World's
Fair - 1992 
22Authority Act, and Sections 3 and 6 of the Hotel Operators'

23Occupation Tax Act, shall be credited initially to the 
24McCormick Place
Account and all other amounts deposited into 
25the Build Illinois Fund shall be
credited initially to the 
 
 
10200HB5186sam005- 105 -LRB102 24774 SPS 38881 a


1Build Illinois Bond Account. Of the amounts
initially so 
2credited to the McCormick Place Account in each month, the

3amount that is to be transferred in that month to the 
4Metropolitan Fair
and Exposition Authority Improvement Bond 
5Fund, as provided below, shall
remain credited to the 
6McCormick Place Account, and all amounts initially so
credited 
7in that month in excess thereof shall next be credited to the

8Build Illinois Bond Account. Of the amounts credited to the 
9Build Illinois
Bond Account in each month, the amount that is 
10to be transferred in that
month to the Build Illinois Bond 
11Retirement and Interest Fund, as provided
below, shall remain 
12credited to the Build Illinois Bond Account, and all
amounts 
13so credited in each month in excess thereof shall next be 
14credited
monthly to the other accounts in the following order 
15of priority: first, to
the Build Illinois Purposes Account, 
16(a) 1/12, or in the case of fiscal
year 1986, 1/9, of the 
17fiscal year amounts authorized to be transferred to
the Build 
18Illinois Purposes Fund as provided below plus (b) any 
19cumulative
deficiency in those transfers for prior months; 
20second,
1/12 of $10,000,000, plus any cumulative deficiency in 
21those transfers for
prior months, to the Park and Conservation 
22Fund Account;
and third, to the General Revenue Fund in the 
23State Treasury all
amounts
that remain in the Build Illinois 
24Fund on the last day of each
month and are not credited to any 
25account in that Fund.

26 Transfers from the McCormick Place Account in the Build

 
 
10200HB5186sam005- 106 -LRB102 24774 SPS 38881 a


1Illinois Fund shall be made as follows:

2 Beginning with fiscal year 1985 and continuing for each 
3fiscal
year thereafter, the Metropolitan Pier and Exposition

4Authority shall annually certify to the State Comptroller and 
5State
Treasurer the amount necessary and required during the 
6fiscal year with
respect to which the certification is made to 
7pay the debt service
requirements (including amounts to be 
8paid with respect to arrangements to
provide additional 
9security or liquidity) on all outstanding bonds and
notes, 
10including refunding bonds (herein collectively referred to as 
11bonds)
of issues in the aggregate amount (excluding the amount 
12of any refunding
bonds issued by that Authority after January 
131, 1986) of not more than
$312,500,000 issued after July 1, 
141984, by that Authority for the purposes
specified in Sections 
1510.1 and 13.1 of the Metropolitan Pier and Exposition

16Authority Act. In each month of the fiscal year in which there 
17are bonds
outstanding with respect to which the annual 
18certification is made, the
Comptroller shall order transferred 
19and the Treasurer shall transfer from
the McCormick Place 
20Account in the Build Illinois Fund to the Metropolitan
Fair 
21and Exposition Authority Improvement Bond Fund an amount equal 
22to 150%
of the certified amount for that fiscal year divided by 
23the number of
months during that fiscal year in which bonds of 
24the Authority are
outstanding, plus any cumulative deficiency 
25in those transfers for prior
months; provided, that the 
26maximum amount that may be so transferred in
fiscal year 1985 
 
 
10200HB5186sam005- 107 -LRB102 24774 SPS 38881 a


1shall not exceed $15,000,000 or a lesser sum as is
actually 
2necessary and required to pay the debt service requirements 
3for
that fiscal year after giving effect to net operating 
4revenues of that
Authority available for that purpose as 
5certified by that Authority, and
provided further that the 
6maximum amount that may be so transferred in
fiscal year 1986 
7shall not exceed $30,000,000 and in each fiscal year

8thereafter shall not exceed $33,500,000 in any fiscal year or 
9a
lesser sum as is actually necessary and required to pay the 
10debt service
requirements for that fiscal year after giving 
11effect to net operating
revenues of that Authority available 
12for that purpose as certified by
that Authority.

13 When an amount equal to 100% of the aggregate amount of 
14principal and
interest in each fiscal year with respect to 
15bonds issued after
July 1, 1984, that by their terms are 
16payable from the Metropolitan Fair
and Exposition Authority 
17Improvement Bond Fund, including under sinking
fund 
18requirements, has been so paid and deficiencies in reserves 
19established
from bond proceeds shall have been remedied, and 
20at the time that those amounts
have been transferred to the 
21Authority as provided in Section 13.1 of
the Metropolitan Pier 
22and Exposition Authority Act, the remaining moneys,
if any, 
23deposited and to be deposited during each fiscal year to the

24Metropolitan Fair and Exposition Authority Improvement Bond 
25Fund shall be
transferred to the Metropolitan Fair and 
26Exposition Authority Completion
Note Subordinate Fund.

 
 
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1 Transfers from the Build Illinois Bond Account in the 
2Build Illinois
Fund shall be made as follows:

3 Beginning with fiscal year 1986 and continuing for each 
4fiscal year
thereafter so long as limited obligation bonds of 
5the State issued under
the Build Illinois Bond Act remain 
6outstanding, the Comptroller shall
order transferred and the 
7Treasurer shall transfer in each month,
commencing in October, 
81985, on the last day of that month, from the Build
Illinois 
9Bond Account to the Build Illinois Bond Retirement and 
10Interest
Fund in the State Treasury the amount required to be 
11so transferred in that
month under Section 13 of the Build 
12Illinois Bond Act.

13 Transfers from the remaining accounts in the Build 
14Illinois Fund shall
be made in the following amounts and in the 
15following order of priority:

16 Beginning with fiscal year 1986 and continuing each fiscal 
17year
thereafter, as soon as practicable after the first day of 
18each month,
commencing in October, 1985, the Comptroller shall 
19order transferred and
the Treasurer shall transfer from the 
20Build Illinois Purposes Account in
the Build Illinois Fund to 
21the Build Illinois Purposes Fund 1/12th (or in
the case of 
22fiscal year 1986 1/9) of the amounts specified below for the

23following fiscal years:




















24Fiscal YearAmount
251986$35,000,000
261987$45,000,000


 
 
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11988$50,000,000
21989$55,000,000
31990$55,000,000
41991$50,000,000
51992$16,200,000
61993$16,200,000,
7plus any cumulative deficiency in those transfers for prior 
8months.

9 As soon as may be practicable after the first day of each 
10month
beginning after July 1, 1984, the Comptroller shall 
11order transferred and
the Treasurer shall transfer from the 
12Park and Conservation Fund Account in
the Build Illinois Fund 
13to the Park and Conservation Fund 1/12 of
$10,000,000, plus 
14any cumulative deficiency in those transfers for
prior months, 
15for conservation and park purposes as enumerated in Section

16805-420 of the Department of Natural Resources (Conservation)

17Law (20 ILCS 805/805-420), and to
pay
the debt
service 
18requirements on all outstanding bonds of an issue in the 
19aggregate
amount of not more than $40,000,000 issued after 
20January 1, 1985, by the
State of Illinois for the purposes 
21specified in Section 3(c) of the Capital
Development Bond Act 
22of 1972, or for the same purposes as specified in any
other 
23State general obligation bond Act enacted after November 1, 
241984.
Transfers from the Park and Conservation Fund to the 
25Capital Development
Bond Retirement and Interest Fund to pay 
26those debt service requirements
shall be made in accordance 
 
 
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1with Section 8.25b of this Act.

2 All funds remaining in the Build Illinois Fund on the last 
3day of any month
and not credited to any account in that Fund 
4shall be transferred by the
State Treasurer to the General 
5Revenue Fund.

6 (B) For the purpose of this Section, "cumulative 
7deficiency" shall
include all deficiencies in those transfers 
8that have occurred since July
1, 1984, as specified in 
9subsection (A) of this Section.

10 (C) In addition to any other permitted use of moneys in the 
11Fund, and
notwithstanding any restriction on the use of the 
12Fund, moneys in the
Park and Conservation Fund may be 
13transferred to the General Revenue Fund
as authorized by 
14Public Act 87-14. The General Assembly finds that an
excess of 
15moneys existed in the Fund on July 30, 1991, and the Governor's

16order of July 30, 1991, requesting the Comptroller and 
17Treasurer to
transfer an amount from the Fund to the General 
18Revenue Fund is hereby
validated.

19 (D) (Blank).

20(Source: P.A. 90-26, eff. 7-1-97; 90-372, eff. 7-1-98; 90-655, 
21eff.
7-30-98; 91-239, eff. 1-1-00.)





22 (30 ILCS 105/8.27) (from Ch. 127, par. 144.27)


23 Sec. 8.27. All receipts from federal financial 
24participation in the
Foster Care and Adoption Services program 
25under Title IV-E of the federal
Social Security Act, including 
 
 
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1receipts
for related indirect costs,
shall be deposited in the 
2DCFS Children's Services Fund.

3 Beginning on July 20, 2010 (the effective date of Public 
4Act 96-1127) this amendatory Act of the 96th General Assembly, 
5any funds paid to the State by the federal government under 
6Title XIX and Title XXI of the Social Security Act for child 
7welfare services delivered by community mental health 
8providers, certified and paid as Medicaid providers by the 
9Department of Children and Family Services, for child welfare 
10services relating to Medicaid-eligible clients and families 
11served consistent with the purposes of the Department of

12Children and Family Services, including services delivered as 
13a result of the conversion of such providers from a 
14comprehensive rate to a fee-for-service payment methodology, 
15and any subsequent revenue maximization initiatives performed 
16by such providers, and any interest earned thereon, shall be 
17deposited directly into the DCFS Children's Services Fund. 
18Such funds shall be used for the provision of child welfare 
19services provided to eligible individuals identified by the 
20Department of Children and Family Services. Child welfare 
21services are defined in Section 5 of the Children and Family 
22Services Act (20 ILCS 505/5). 
23 Eighty percent of the federal funds received by the 
24Illinois Department
of Human Services under the Title IV-A 
25Emergency Assistance program as
reimbursement for expenditures 
26made from the Illinois Department of Children
and Family 
 
 
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1Services appropriations for the costs of services in behalf of

2Department of Children and Family Services clients shall be 
3deposited into
the DCFS Children's Services Fund.

4 All receipts from federal financial participation in the 
5Child Welfare
Services program under Title IV-B of the federal 
6Social Security Act,
including receipts for related indirect 
7costs, shall be deposited into the
DCFS Children's Services 
8Fund for those moneys received as reimbursement for
services 
9provided on or after July 1, 1994.

10 In addition, as soon as may be practicable after the first 
11day of November,
1994, the Department of Children and Family 
12Services shall request the
Comptroller to order transferred 
13and the Treasurer shall transfer the
unexpended balance of the 
14Child Welfare Services Fund to the DCFS Children's
Services 
15Fund. Upon completion of the transfer, the Child Welfare 
16Services
Fund will be considered dissolved and any outstanding 
17obligations or
liabilities of that fund will pass to the DCFS 
18Children's Services Fund.

19 For services provided on or after July 1, 2007, all 
20federal funds received pursuant to the John H. Chafee Foster 
21Care Independence Program shall be deposited into the DCFS 
22Children's Services Fund. 
23 Except as otherwise provided in this Section, moneys in 
24the Fund may be used by the Department, pursuant to

25appropriation by the General Assembly, for the ordinary and 
26contingent
expenses of the Department.

 
 
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1 In fiscal year 1988 and in each fiscal year thereafter 
2through fiscal
year 2000, the Comptroller
shall order 
3transferred and the Treasurer shall transfer an amount of

4$16,100,000 from the DCFS Children's Services Fund to the 
5General Revenue
Fund in the following manner: As soon as may be 
6practicable after the 15th
day of September, December, March 
7and June, the Comptroller shall order
transferred and the 
8Treasurer shall transfer, to the extent that funds are

9available, 1/4 of $16,100,000, plus any cumulative 
10deficiencies in such
transfers for prior transfer dates during 
11such fiscal year. In no event
shall any such transfer reduce 
12the available balance in the DCFS Children's
Services Fund 
13below $350,000.

14 In accordance with subsection (q) of Section 5 of the 
15Children and Family
Services Act, disbursements from 
16individual children's accounts shall be
deposited into the 
17DCFS Children's Services Fund.

18 Receipts from public and unsolicited private grants, fees 
19for training, and royalties earned from the publication of 
20materials owned by or licensed to the Department of Children 
21and Family Services shall be deposited into the DCFS 
22Children's Services Fund.
23 As soon as may be practical after September 1, 2005, upon 
24the request of the Department of Children and Family Services, 
25the Comptroller shall order transferred and the Treasurer 
26shall transfer the unexpended balance of the Department of 
 
 
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1Children and Family Services Training Fund into the DCFS 
2Children's Services Fund. Upon completion of the transfer, the 
3Department of Children and Family Services Training Fund is 
4dissolved and any outstanding obligations or liabilities of 
5that Fund pass to the DCFS Children's Services Fund.

6(Source: P.A. 95-707, eff. 1-11-08; 96-1127, eff. 7-20-10.)





7 (30 ILCS 105/8.33) (from Ch. 127, par. 144.33)



8 Sec. 8.33. Expenses incident to leasing or use of State 
9facilities.
(a) All expenses incident to the leasing or use of

10the State facilities listed in Section 405-315 of the

11Department
of Central Management Services Law (20 ILCS 
12405/405-315) for lease or use terms not exceeding
30 days in 
13length shall be payable from the Facilities Management Special 
14Events Revolving Fund. Such expenses Expenses incident to the 
15lease or use of the State facilities listed in
Section 405-315 
16of the Department of Central Management
Services
Law (20 ILCS 
17405/405-315) shall
include expenditures for additional 
18commodities, equipment, furniture,
improvements, personal 
19services or other expenses required by the
Department of 
20Central Management Services to make such facilities available

21to the public and State employees.

22 (b) The Special Events Revolving Fund shall cease to exist 
23on October 1, 2005. Any balance in the Fund as of that date 
24shall be transferred to the Facilities Management Revolving 
25Fund. Any moneys that otherwise would be paid into the Fund on 
 
 
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1or after that date shall be deposited into the Facilities 
2Management Revolving Fund. Any disbursements on or after that 
3date that otherwise would be made from the Fund shall be made 
4from the Facilities Management Revolving Fund.

5(Source: P.A. 94-91, eff. 7-1-05.)





6 (30 ILCS 105/8f)


7 Sec. 8f. Public Pension Regulation Fund. The Public 
8Pension Regulation
Fund is created as a special fund in the 
9State Treasury. Except as otherwise provided in the
Illinois 
10Pension Code, all money received by the Department of 
11Financial and Professional Regulation, as successor to the 
12Illinois Department of
Insurance, under the Illinois Pension 
13Code shall be paid into the Fund. The
State Treasurer promptly 
14shall invest the money in the Fund, and all earnings
that 
15accrue on the money in the Fund shall be credited to the Fund. 
16No money
may be transferred from this Fund to any other fund. 
17The General Assembly may
make appropriations from this Fund 
18for the ordinary and contingent expenses of
the Public Pension 
19Division of the Illinois Department of Insurance.

20(Source: P.A. 94-91, eff. 7-1-05; 95-950, eff. 8-29-08.)


21 Section 20-25. The Build Illinois Bond Act is amended by 
22changing Section 2 as follows:




23 (30 ILCS 425/2) (from Ch. 127, par. 2802)


 
 
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1 Sec. 2. Authorization for Bonds. The State of Illinois is

2authorized to issue, sell and provide for the retirement of 
3limited
obligation bonds, notes and other evidences of 
4indebtedness of the State of
Illinois in the total principal 
5amount of $9,484,681,100
herein called "Bonds". Such 
6authorized amount of Bonds shall
be reduced from time to time 
7by amounts, if any, which are equal to the
moneys received by 
8the Department of Revenue in any fiscal year pursuant to

9Section 3-1001 of the "Illinois Vehicle Code", as amended, in 
10excess of the
Annual Specified Amount (as defined in Section 3 
11of the "Retailers'
Occupation Tax Act", as amended) and 
12transferred at the end of such fiscal
year from the General 
13Revenue Fund to the Build Illinois Purposes Fund (now 
14abolished) as
provided in Section 3-1001 of said Code; 
15provided, however, that no such
reduction shall affect the 
16validity or enforceability of any Bonds issued
prior to such 
17reduction. Such amount of authorized Bonds
shall be exclusive 
18of any refunding Bonds issued pursuant to Section 15 of
this 
19Act and exclusive of any Bonds issued pursuant to this Section 
20which
are redeemed, purchased, advance refunded, or defeased 
21in accordance with
paragraph (f) of Section 4 of this Act. 
22Bonds shall be issued for the
categories and specific purposes 
23expressed in Section 4 of this Act.

24(Source: P.A. 101-30, eff. 6-28-19.)


25 Section 20-30. The Build Illinois Act is amended by 
 
 
10200HB5186sam005- 117 -LRB102 24774 SPS 38881 a


1changing Sections 9-4.2, 9-5.2, and 23-1 as follows:




2 (30 ILCS 750/9-4.2) (from Ch. 127, par. 2709-4.2)



3 Sec. 9-4.2. Illinois Capital Revolving Loan Fund. 

4 (a) There is hereby created the Illinois Capital
Revolving 
5Loan Fund, hereafter referred to in this Article as the

6"Capital Fund" to be held as a separate fund within the State

7Treasury.

8 The purpose of the Capital Fund is to finance intermediary 
9agreements,
administration, technical assistance agreements,

10loans, grants, or investments in Illinois. In addition, funds 
11may be
used
for a one time transfer in fiscal year 1994, not to 
12exceed the amounts
appropriated, to the Public Infrastructure 
13Construction Loan Revolving Fund for
grants and loans pursuant 
14to the Public Infrastructure Loan and Grant Program
Act. 
15Investments, administration,
grants, and financial aid shall 
16be used for the purposes set for in this
Article. Loan 
17financing will be in the
form of
loan agreements pursuant to 
18the terms and conditions set
forth in this Article. All loans 
19shall be conditioned on the
project receiving financing from 
20participating lenders or other investors.
Loan
proceeds shall 
21be available for project costs, except for
debt refinancing.

22 (b) There shall be deposited in the Capital Fund
such 
23amounts, including but not limited to:

24  (i) All receipts, including dividends, principal and 
25 interest
payments and royalties, from any applicable loan, 
 
 
10200HB5186sam005- 118 -LRB102 24774 SPS 38881 a


1 intermediary, or technical
assistance agreement
made from 
2 the Capital Fund or from direct appropriations from the 
3 Build
Illinois Bond Fund or the Build Illinois Purposes 
4 Fund (now abolished) or the General Revenue Fund by
the 
5 General Assembly entered into by the Department;

6  (ii) All proceeds of assets of whatever nature

7 received by the Department as a result of default or 
8 delinquency
with respect to loan agreements made from the 
9 Capital
Fund or from direct appropriations by the General 
10 Assembly,
including proceeds from the sale, disposal, 
11 lease or rental
of real or personal property which the 
12 Department may receive
as a result thereof;

13  (iii) Any appropriations, grants or gifts made to
the 
14 Capital Fund;

15  (iv) Any income received from interest on investments

16 of moneys in the Capital Fund;

17  (v) All moneys resulting from the collection of 
18 premiums, fees, charges,
costs, and expenses in connection 
19 with the Capital Fund as described in subsection (e) of 
20 Section 9-3.

21 (c) The Treasurer may invest moneys in the Capital
Fund in 
22securities constituting obligations of the United
States 
23Government, or in obligations the principal of and
interest on 
24which are guaranteed by the United States Government,
in 
25obligations the principal of and interest on which
are 
26guaranteed by the United States Government, or in certificates

 
 
10200HB5186sam005- 119 -LRB102 24774 SPS 38881 a


1of deposit of any State or national bank which are
fully 
2secured by obligations guaranteed as to principal and
interest 
3by the United States Government.

4(Source: P.A. 100-377, eff. 8-25-17.)





5 (30 ILCS 750/9-5.2) (from Ch. 127, par. 2709-5.2)


6 Sec. 9-5.2. Illinois Equity
Fund.
7 (a) There is created the Illinois Equity
Fund, to be held 
8as a separate fund within the State Treasury.
The purpose of 
9the Illinois Equity Fund is to make equity investments in

10Illinois. All financing will be done in conjunction with

11participating lenders or other investors. Investment proceeds

12may be directed to working capital expenses associated with

13the introduction of new technical products or services of 
14individual business
projects or may be used for equity finance 
15pools operated by intermediaries.

16 (b) There shall be deposited in the Illinois Equity Fund

17such amounts, including but not limited to:


18  (i) All receipts including dividends, principal and 
19 interest
payments, royalties, or other return on 
20 investment from any
applicable loan made from the Illinois 
21 Equity Fund, from direct
appropriations by the General 
22 Assembly from the Build Illinois
Fund or the Build 
23 Illinois Purposes Fund (now abolished), or from 
24 intermediary agreements
made from
the Illinois Equity Fund 
25 entered into by the
Department;


 
 
10200HB5186sam005- 120 -LRB102 24774 SPS 38881 a


1  (ii) All proceeds of assets of whatever nature

2 received by the Department as a result of default or 
3 delinquency
with respect to loan agreements made from the 
4 Illinois Equity
Fund, or from direct appropriations by the 
5 General Assembly
including proceeds from the sale, 
6 disposal, lease or rental
of real or personal property 
7 which the Department may receive
as a result thereof;


8  (iii) any appropriations, grants or gifts made to
the 
9 Illinois Equity Fund;


10  (iv) any income received from interest on investments

11 of moneys in the Illinois Equity Fund.

12 (c) The Treasurer may invest moneys in the Illinois Equity

13Fund in securities constituting direct obligations of the

14United States Government, or in obligations the principal of

15and interest on which are guaranteed by the United States

16Government, or in certificates of deposit of any State or

17national bank which are fully secured by obligations 
18guaranteed
as to principal and interest by the United States 
19Government.

20(Source: P.A. 99-933, eff. 1-27-17.)





21 (30 ILCS 750/23-1) (from Ch. 127, par. 2723-1)



22 Sec. 23-1. 
Wages of laborers, mechanics and other workers 
23employed on
all "public works" projects undertaken pursuant to 
24contracts financed with
appropriations from the Build Illinois 
25Bond Fund or the Build Illinois
Purposes Fund shall be subject 
 
 
10200HB5186sam005- 121 -LRB102 24774 SPS 38881 a


1to the provisions of
the Prevailing Wage Act.

2(Source: P.A. 86-1475.)


3 Section 20-35. The Police and Community Relations 
4Improvement Act is amended by changing Section 1-10 as 
5follows:

6 (50 ILCS 727/1-10)

7 Sec. 1-10. Investigation of officer-involved deaths; 
8requirements.

9 (a) Each law enforcement agency shall have a written 
10policy regarding the investigation of officer-involved deaths 
11that involve a law enforcement officer employed by that law 
12enforcement agency.
13 (b) Each officer-involved death investigation shall be 
14conducted by at least 2 investigators, or an entity or agency 
15comprised of at least 2 investigators, one of whom is the lead 
16investigator. The lead investigator shall be a person 
17certified by the Illinois Law Enforcement Training Standards 
18Board as a Lead Homicide Investigator, or similar training 
19approved by the Illinois Law Enforcement Training Standards 
20Board or the Illinois State Police, or similar training 
21provided at an Illinois Law Enforcement Training Standards 
22Board certified school. No
investigator involved in the 
23investigation may be employed by the law enforcement agency 
24that employs the officer involved in the officer-involved 
 
 
10200HB5186sam005- 122 -LRB102 24774 SPS 38881 a


1death, unless the investigator is employed by the Illinois 
2State Police and is not assigned to the same division or unit 
3as the officer involved in the death.
4 (c) In addition to the requirements of subsection (b) of 
5this Section, if the officer-involved death being investigated 
6involves a motor vehicle accident, at least one investigator 
7shall be certified by the Illinois Law Enforcement Training 
8Standards Board as a Crash Reconstruction Specialist, or 
9similar training approved by the Illinois Law Enforcement 
10Training Standards Board or the Illinois State Police, or 
11similar training provided at an Illinois Law Enforcement 
12Training Standards Board certified school. Notwithstanding the 
13requirements of subsection (b) of this Section, the policy for 
14a law enforcement agency, when the officer-involved death 
15being investigated involves a motor vehicle collision, may 
16allow the use of an investigator who is employed by that law 
17enforcement agency and who is certified by the Illinois Law 
18Enforcement Training Standards Board as a Crash Reconstruction 
19Specialist, or similar training approved by the Illinois Law 
20Enforcement Training and Standards Board, or similar certified 
21training approved by the Illinois State Police, or similar 
22training provided at an Illinois Law Enforcement Training and 
23Standards Board certified school.
24 (d) The investigators conducting the investigation shall, 
25in an expeditious manner, provide a complete report to the 
26State's Attorney of the county in which the officer-involved 
 
 
10200HB5186sam005- 123 -LRB102 24774 SPS 38881 a


1death occurred.
2 (e) If the State's Attorney, or a designated special 
3prosecutor, determines there is no basis to prosecute the law 
4enforcement officer involved in the officer-involved death, or 
5if the law enforcement officer is not otherwise charged or 
6indicted, the investigators shall publicly release a report.

7(Source: P.A. 102-538, eff. 8-20-21.)

8 Section 20-40. The Fair and Exposition Authority 
9Reconstruction Act is amended by changing Section 8 as 
10follows:




11 (70 ILCS 215/8) (from Ch. 85, par. 1250.8)



12 Sec. 8. Appropriations may be made
from time to time by the 
13General Assembly to the Metropolitan Pier and
Exposition 
14Authority for the payment of principal and interest of bonds 
15of
the Authority issued under the provisions of this Act and 
16for any other
lawful purpose of the Authority. Any and all of 
17the funds so received shall
be kept separate and apart from any 
18and all other funds of the Authority.
After there has been paid 
19into the Metropolitan Fair and Exposition
Authority 
20Reconstruction Fund in the State Treasury sufficient money,

21pursuant to this Section and Sections 2 and 29 of the Cigarette 
22Tax Act, to
retire all bonds payable from that Fund, the taxes 
23derived from Section 28
of the Illinois Horse Racing Act of 
241975 which were required to be paid
into that Fund pursuant to 
 
 
10200HB5186sam005- 124 -LRB102 24774 SPS 38881 a


1that Act shall thereafter be paid into the
General Revenue 
2Fund in the
State Treasury.

3(Source: P.A. 102-16, eff. 6-17-21.)


4 Section 20-45. The Higher Education Student Assistance Act 
5is amended by changing Section 52 as follows:



6 (110 ILCS 947/52)

7 Sec. 52. Golden Apple Scholars of Illinois Program; Golden 
8Apple Foundation for Excellence in Teaching. 

9 (a) In this Section, "Foundation" means the Golden Apple 
10Foundation for Excellence in Teaching, a registered 501(c)(3) 
11not-for-profit corporation. 
12 (a-2) In order to encourage academically talented Illinois 
13students,
especially minority students, to pursue teaching 
14careers, especially in
teacher shortage
disciplines
(which 
15shall be defined to include early childhood education) or at

16hard-to-staff schools (as defined by the Commission in 
17consultation with the
State Board of Education), to provide 
18those students with the crucial mentoring, guidance, and 
19in-service support that will significantly increase the 
20likelihood that they will complete their full teaching 
21commitments and elect to continue teaching in targeted 
22disciplines and hard-to-staff schools, and to ensure that 
23students in this State will continue to have access to a pool 
24of highly-qualified teachers, each qualified student shall be 
 
 
10200HB5186sam005- 125 -LRB102 24774 SPS 38881 a


1awarded a Golden Apple Scholars of Illinois Program 
2scholarship to any Illinois institution of higher learning. 
3The Commission shall administer the Golden Apple Scholars of 
4Illinois Program, which shall be managed by the Foundation 
5pursuant to the terms of a grant agreement meeting the 
6requirements of Section 4 of the Illinois Grant Funds Recovery 
7Act.
8 (a-3) For purposes of this Section, a qualified student 
9shall be a student who meets the following qualifications:
10  (1) is a resident of this State and a citizen or 
11 eligible noncitizen of the United States;
12  (2) is a high school graduate or a person who has 
13 received a high school equivalency certificate;
14  (3) is enrolled or accepted, on at least a half-time 
15 basis, at an institution of higher learning;
16  (4) is pursuing a postsecondary course of study 
17 leading to initial certification or pursuing additional 
18 course work needed to gain State Board of Education 
19 approval to teach, including alternative teacher 
20 licensure; and
21  (5) is a participant in programs managed by and is 
22 approved to receive a scholarship from the Foundation.
23 (a-5) (Blank).

24 (b) (Blank).

25 (b-5) Funds designated for the Golden Apple Scholars of 
26Illinois Program shall be used by the Commission for the 
 
 
10200HB5186sam005- 126 -LRB102 24774 SPS 38881 a


1payment of scholarship assistance under this Section or for 
2the award of grant funds, subject to the Illinois Grant Funds 
3Recovery Act, to the Foundation. Subject to appropriation, 
4awards of grant funds to the Foundation shall be made on an 
5annual basis and following an application for grant funds by 
6the Foundation.
7 (b-10) Each year, the Foundation shall include in its 
8application to the Commission for grant funds an estimate of 
9the amount of scholarship assistance to be provided to 
10qualified students during the grant period. Any amount of 
11appropriated funds exceeding the estimated amount of 
12scholarship assistance may be awarded by the Commission to the 
13Foundation for management expenses expected to be incurred by 
14the Foundation in providing the mentoring, guidance, and 
15in-service supports that will increase the likelihood that 
16qualified students will complete their teaching commitments 
17and elect to continue teaching in hard-to-staff schools. If 
18the estimate of the amount of scholarship assistance described 
19in the Foundation's application is less than the actual amount 
20required for the award of scholarship assistance to qualified 
21students, the Foundation shall be responsible for using 
22awarded grant funds to ensure all qualified students receive 
23scholarship assistance under this Section.
24 (b-15) All grant funds not expended or legally obligated 
25within the time specified in a grant agreement between the 
26Foundation and the Commission shall be returned to the 
 
 
10200HB5186sam005- 127 -LRB102 24774 SPS 38881 a


1Commission within 45 days. Any funds legally obligated by the 
2end of a grant agreement shall be liquidated within 45 days or 
3otherwise returned to the Commission within 90 days after the 
4end of the grant agreement that resulted in the award of grant 
5funds. 
6 (c) Each scholarship awarded under this Section shall be 
7in an amount
sufficient to pay the tuition and fees and room 
8and board costs of the Illinois
institution of higher learning 
9at which the recipient is enrolled, up to
an annual maximum of 
10$5,000; except that in the case of a
recipient who
does not

11reside
on-campus at the institution of higher learning at 
12which he or she is enrolled,
the amount of the scholarship 
13shall be sufficient to pay tuition and fee
expenses and a 
14commuter allowance, up to an annual maximum of $5,000. All 
15scholarship funds distributed in accordance with this Section 
16shall be paid to the institution on behalf of recipients.


17 (d) The total amount of scholarship assistance awarded by 
18the Commission
under this Section to an individual in any 
19given fiscal year, when added to
other financial assistance 
20awarded to that individual for that year, shall not
exceed the 
21cost of attendance at the institution of higher learning at 
22which
the student is enrolled. In any academic year for which a 
23qualified student under this Section accepts financial 
24assistance through any other teacher scholarship program 
25administered by the Commission, a qualified student shall not 
26be eligible for scholarship assistance awarded under this 
 
 
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1Section. 

2 (e) A recipient may receive up to 8 semesters or 12

3quarters of scholarship
assistance under this Section. 
4Scholarship funds are applicable toward 2 semesters or 3 
5quarters of enrollment each academic year. 

6 (f) All applications for scholarship assistance to be 
7awarded under this
Section shall be made to the Foundation in a 
8form determined by the Foundation. Each year, the Foundation 
9shall notify the Commission of the individuals awarded 
10scholarship assistance under this Section. Each year, at least 
1130% of the Golden Apple Scholars of Illinois Program 
12scholarships shall be awarded to students residing in counties 
13having a population of less than 500,000.

14 (g) (Blank).

15 (h) The Commission shall administer the payment of

16scholarship assistance provided through the Golden Apple 
17Scholars of Illinois Program and shall make all necessary
and

18proper rules not inconsistent with this Section for the 
19effective
implementation of this Section.

20 (i) Prior to receiving scholarship assistance for any 
21academic year, each
recipient of a scholarship awarded under 
22this
Section shall be required by the Foundation to sign an 
23agreement under which
the
recipient pledges that, within the 
242-year period following the
termination
of the academic 
25program for which the recipient was awarded a scholarship, the

26recipient: (i) shall begin teaching for a period of not
less 
 
 
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1than 5 years, (ii) shall fulfill this teaching obligation at a 
2nonprofit
Illinois public,
private, or parochial
preschool or 
3an Illinois public elementary or secondary school that 
4qualifies for teacher loan cancellation under Section 
5465(a)(2)(A) of the federal Higher Education Act of 1965 (20 
6U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed 
7eligible for fulfilling the teaching commitment as designated 
8by the Foundation, and (iii)
shall, upon request of
the 
9Foundation, provide the Foundation with evidence that he or 
10she is fulfilling
or has fulfilled the terms of the teaching 
11agreement provided for in this
subsection. Upon request, the 
12Foundation shall provide evidence of teacher fulfillment to 
13the Commission. 

14 (j) If a recipient of a scholarship awarded under this 
15Section fails to
fulfill the teaching obligation set forth in 
16subsection (i) of this Section,
the Commission shall require 
17the recipient to repay the amount of the
scholarships 
18received, prorated according to the fraction of the teaching

19obligation not completed, plus interest at a rate of 5% and if 
20applicable, reasonable
collection fees.
Payments received by 
21the Commission under this subsection (j)
shall be remitted to 
22the State Comptroller for deposit into
the General Revenue 
23Fund, except that that portion of a
recipient's repayment that 
24equals the amount in expenses that
the Commission has 
25reasonably incurred in attempting
collection from that 
26recipient shall be remitted to the State
Comptroller for 
 
 
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1deposit into the ISAC Commission's Accounts
Receivable Fund, a 
2special fund in the State treasury. 
3 (k) A recipient of a scholarship awarded by the Foundation 
4under this
Section shall not be considered to have failed to 
5fulfill the teaching obligations of the agreement entered into 
6pursuant to
subsection (i) if the recipient (i) enrolls on a 
7full-time basis as a graduate
student in a course of study 
8related to the field of teaching at an institution
of higher 
9learning; (ii) is serving as a member of the armed services of 
10the
United States; (iii) is a person with a temporary total 
11disability, as established by sworn
affidavit of a qualified 
12physician; (iv) is seeking and unable to find
full-time 
13employment as a teacher at a school that satisfies the 
14criteria set
forth
in subsection (i) and is able to provide 
15evidence of that fact; (v) is taking additional courses, on at 
16least a half-time basis, needed to obtain certification as a 
17teacher in Illinois; (vi) is fulfilling teaching requirements 
18associated with other programs administered by the Commission 
19and cannot concurrently fulfill them under this Section in a 
20period of time equal to the length of the teaching obligation; 
21or (vii) is participating in a program established under 
22Executive Order 10924 of the President of the United States or 
23the federal National Community Service Act of 1990 (42 U.S.C. 
2412501 et seq.). Any such
extension of the period during which 
25the teaching requirement must be fulfilled
shall be subject to 
26limitations of duration as established by the Commission.

 
 
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1 (l) A recipient who fails to fulfill the teaching 
2obligations of the agreement entered into pursuant to 
3subsection (i) of this Section shall repay the amount of 
4scholarship assistance awarded to them under this Section 
5within 10 years.
6 (m) Annually, at a time determined by the Commission in 
7consultation with the Foundation, the Foundation shall submit 
8a report to assist the Commission in monitoring the 
9Foundation's performance of grant activities. The report shall 
10describe the following:
11  (1) the Foundation's anticipated expenditures for the 
12 next fiscal year;
13  (2) the number of qualified students receiving 
14 scholarship assistance at each institution of higher 
15 learning where a qualified student was enrolled under this 
16 Section during the previous fiscal year;
17  (3) the total monetary value of scholarship funds paid 
18 to each institution of higher learning at which a 
19 qualified student was enrolled during the previous fiscal 
20 year;
21  (4) the number of scholarship recipients who completed 
22 a baccalaureate degree during the previous fiscal year;
23  (5) the number of scholarship recipients who fulfilled 
24 their teaching obligation during the previous fiscal year;
25  (6) the number of scholarship recipients who failed to 
26 fulfill their teaching obligation during the previous 
 
 
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1 fiscal year;
2  (7) the number of scholarship recipients granted an 
3 extension described in subsection (k) of this Section 
4 during the previous fiscal year;
5  (8) the number of scholarship recipients required to 
6 repay scholarship assistance in accordance with subsection 
7 (j) of this Section during the previous fiscal year;
8  (9) the number of scholarship recipients who 
9 successfully repaid scholarship assistance in full during 
10 the previous fiscal year;
11  (10) the number of scholarship recipients who 
12 defaulted on their obligation to repay scholarship 
13 assistance during the previous fiscal year;
14  (11) the amount of scholarship assistance subject to 
15 collection in accordance with subsection (j) of this 
16 Section at the end of the previous fiscal year;
17  (12) the amount of collected funds to be remitted to 
18 the Comptroller in accordance with subsection (j) of this 
19 Section at the end of the previous fiscal year; and
20  (13) other information that the Commission may 
21 reasonably request. 
22 (n) Nothing in this Section shall affect the rights of the 
23Commission to collect moneys owed to it by recipients of 
24scholarship assistance through the Illinois Future Teacher 
25Corps Program, repealed by Public Act 98-533 this amendatory 
26Act of the 98th General Assembly.
 
 
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1 (o) The Auditor General shall prepare an annual audit of 
2the operations and finances of the Golden Apple Scholars of 
3Illinois Program. This audit shall be provided to the 
4Governor, General Assembly, and the Commission.
5 (p) The suspension of grant making authority found in 
6Section 4.2 of the Illinois Grant Funds Recovery Act shall not 
7apply to grants made pursuant to this Section. 
8(Source: P.A. 98-533, eff. 8-23-13; 98-718, eff. 1-1-15; 
999-143, eff. 7-27-15.)


10 Section 20-50. The Nurse Educator Assistance Act is 
11amended by changing Section 15-30 as follows:

12 (110 ILCS 967/15-30)

13 Sec. 15-30. Repayment upon default; exception.

14 (a) If a recipient of a scholarship awarded under this 
15Section fails to fulfill the work agreement required under the 
16program, the Commission shall require the recipient to repay 
17the amount of the scholarship or scholarships received, 
18prorated according to the fraction of the work agreement not 
19completed, plus interest at a rate of 5% and, if applicable, 
20reasonable collection fees.

21 (b) Payments received by the Commission under this Section 
22shall be remitted to the State Comptroller for deposit into 
23the General Revenue Fund, except that that portion of a 
24recipient's repayment that equals the amount in expenses that 
 
 
10200HB5186sam005- 134 -LRB102 24774 SPS 38881 a


1the Commission has reasonably incurred in attempting 
2collection from that recipient shall be remitted to the State 
3Comptroller for deposit into the ISAC Commission's Accounts 
4Receivable Fund.

5 (c) A recipient of a scholarship awarded by the Commission 
6under the program shall not be in violation of the agreement 
7entered into pursuant to this Article if the recipient is (i) 
8serving as a member of the armed services of the United States, 
9(ii) a person with a temporary total disability, as 
10established by a sworn affidavit of a qualified physician, 
11(iii) seeking and unable to find full-time employment as a 
12nursing educator and is able to provide evidence of that fact, 
13or (iv) taking additional courses, on at least a half-time 
14basis, related to nursing education. Any extension of the 
15period during which the work requirement must be fulfilled 
16shall be subject to limitations of duration established by the 
17Commission.


18(Source: P.A. 99-143, eff. 7-27-15.)

19 Section 20-55. The Solid Waste Site Operator Certification 
20Law is amended by changing Section 1011 as follows:




21 (225 ILCS 230/1011) (from Ch. 111, par. 7861)



22 Sec. 1011. Fees. 

23 (a) Fees for the issuance or renewal of a Solid
Waste Site 
24Operator Certificate shall be as follows:

 
 
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1  (1)(A) $400 for issuance or renewal for Class A Solid 
2 Waste Site
Operators; (B) $200 for issuance or renewal for 
3 Class B Solid Waste Site
Operators; and (C) $100 for 
4 issuance or renewal for special waste endorsements.

5  (2) If the fee for renewal is not paid within the grace 
6 period the
above fees for renewal shall each be increased 
7 by $50.

8 (b) All Before the effective date of this amendatory Act 
9of the 98th General Assembly, all fees collected by the Agency 
10under this Section shall be
deposited into the Hazardous Waste 
11Occupational Licensing Fund. The Agency
is authorized to use 
12monies in the Hazardous Waste Occupational Licensing Fund to 
13perform its functions, powers,
and duties under this Section. 
14On and after the effective date of this amendatory Act of the 
1598th General Assembly, all fees collected by the Agency under 
16this Section shall be deposited into the Environmental 
17Protection Permit and Inspection Fund to be used in accordance 
18with the provisions of subsection (a) of Section 22.8 of the 
19Environmental Protection Act. 
20(Source: P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)


21 Section 20-60. The Illinois Public Aid Code is amended by 
22changing Section 12-10.7 as follows:

23 (305 ILCS 5/12-10.7)

24 Sec. 12-10.7. The Health and Human Services Medicaid Trust 
 
 
10200HB5186sam005- 136 -LRB102 24774 SPS 38881 a


1Fund. (a) The Health and Human Services Medicaid Trust Fund 
2shall consist of (i) moneys appropriated or transferred into 
3the Fund, pursuant to statute, (ii) federal financial 
4participation moneys received pursuant to expenditures from 
5the Fund, and (iii) the interest earned on moneys in the Fund. 
6(b) Subject to appropriation, the moneys in the Fund shall be 
7used by a State agency for such purposes as that agency may, by 
8the appropriation language, be directed.

9 (c) In addition to any other transfers that may be 
10provided for by law, on July 1, 2007, or as soon thereafter as 
11practical, the State Comptroller shall direct and the State 
12Treasurer shall transfer the sum of $3,500,000 from the Health 
13and Human Services Medicaid Trust Fund to the Human Services 
14Priority Capital Program Fund. 

15 (d) In addition to any other transfers that may be 
16provided for by law, on July 1, 2008, or as soon thereafter as 
17practical, the State Comptroller shall direct and the State 
18Treasurer shall transfer the sum of $3,500,000 from the Health 
19and Human Services Medicaid Trust Fund to the Human Services 
20Priority Capital Program Fund. 
21(Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08.)

22 Section 20-65. The Energy Assistance Act is amended by 
23changing Section 10 as follows:




24 (305 ILCS 20/10) (from Ch. 111 2/3, par. 1410)



 
 
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1 Sec. 10. Energy Assistance Funds. 

2 (a) The AFDC Energy Assistance Fund is hereby created as a 
3special fund
in the State Treasury.

4 The AFDC Energy Assistance Fund is authorized to receive 
5whether by
appropriation, transfer, statutory deposit or fund 
6transfer, all amounts
appropriated from State funds to the 
7Department of Human Services (acting as
successor to the 
8Illinois Department of Public Aid
under the Department of 
9Human Services Act) specifically for energy
assistance 
10payments for persons and families
receiving assistance 
11pursuant to Section 4-1 of the Illinois Public Aid
Code and 
12subsection (c) of Section 6 of this Act, and any 
13administrative
expense related thereto.

14 (b) Subject to appropriation by the General Assembly, the 
15Department is
authorized to expend monies from the AFDC Energy 
16Assistance Fund for the
following purposes:


17  (1) for energy assistance payments to or on behalf of 
18 individuals or
families who receive assistance pursuant to 
19 Section 4-1 of The Illinois
Public Aid Code in accordance 
20 with the provisions of Section 6 of this Act; and


21  (2) for the necessary and contingent expenses of the 
22 Department
incurred in the administration of that portion 
23 of the Act described in
paragraph (1) of this subsection.

24 (c) The AFDC Energy Assistance Fund shall be inoperative 
25after
September 30, 1991.

26 (d) Subject to appropriations made by the General 
 
 
10200HB5186sam005- 138 -LRB102 24774 SPS 38881 a


1Assembly, the Department
is authorized to expend monies from 
2the Low Income Home Energy Assistance Block
Grant Fund for the 
3purpose of providing assistance pursuant to Section 6 of
this 
4Act.

5(Source: P.A. 89-507, eff. 7-1-97.)


6 Section 20-70. The Environmental Protection Act is amended 
7by changing Sections 4, 9.9, and 22.8 as follows:




8 (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)



9 Sec. 4. Environmental Protection Agency; establishment; 
10duties. 

11 (a) There is established in the Executive Branch of the 
12State Government an
agency to be known as the Environmental 
13Protection Agency. This Agency shall
be under the supervision 
14and direction of a Director who shall be appointed by
the 
15Governor with the advice and consent of the Senate. The term of 
16office
of the Director shall expire on the third Monday of 
17January in odd numbered
years, provided that he or she shall 
18hold office until a successor is appointed
and has qualified. 
19For terms ending before December 31, 2019, the Director shall

20receive an annual salary as set by
the Compensation Review 
21Board. For terms beginning after January 18, 2019 (the 
22effective date of Public Act 100-1179) this amendatory Act of 
23the 100th General Assembly, the Director's annual salary shall 
24be an amount equal to 15% more than the Director's annual 
 
 
10200HB5186sam005- 139 -LRB102 24774 SPS 38881 a


1salary as of December 31, 2018. The calculation of the 2018 
2salary base for this adjustment shall not include any cost of 
3living adjustments, as authorized by Senate Joint Resolution 
4192 of the 86th General Assembly, for the period beginning 
5July 1, 2009 to June 30, 2019. Beginning July 1, 2019 and each 
6July 1 thereafter, the Director shall receive an increase in 
7salary based on a cost of living adjustment as authorized by 
8Senate Joint Resolution 192 of the 86th General Assembly. The 
9Director, in accord with the Personnel Code, shall employ and

10direct such personnel, and shall provide for such laboratory 
11and other
facilities, as may be necessary to carry out the 
12purposes of this Act. In
addition, the Director may by 
13agreement secure such services as he or she
may deem necessary 
14from any other department, agency, or unit of the State

15Government, and may employ and compensate such consultants and 
16technical
assistants as may be required.

17 (b) The Agency shall have the duty to collect and 
18disseminate such
information, acquire such technical data, and 
19conduct such experiments
as may be required to carry out the 
20purposes of this Act, including
ascertainment of the quantity 
21and nature of discharges from any
contaminant source and data 
22on those sources, and to operate and arrange
for the operation 
23of devices for the monitoring of environmental quality.

24 (c) The Agency shall have authority to conduct a program 
25of
continuing surveillance and of regular or periodic 
26inspection of actual
or potential contaminant or noise 
 
 
10200HB5186sam005- 140 -LRB102 24774 SPS 38881 a


1sources, of public water supplies, and
of refuse disposal 
2sites.

3 (d) In accordance with constitutional limitations,
the 
4Agency shall have authority to enter at all reasonable times

5upon any private or public property for the purpose of:

6  (1) Inspecting and investigating to ascertain possible 
7 violations of
this Act, any rule or regulation adopted 
8 under this Act, any permit or
term or condition of a 
9 permit, or any Board order; or

10  (2) In accordance with the provisions of this Act, 
11 taking whatever
preventive or corrective action, including 
12 but not limited to removal or
remedial action, that is 
13 necessary or appropriate whenever there is a
release or a 
14 substantial threat of a release of (A) a hazardous

15 substance or pesticide or (B) petroleum from an 
16 underground storage tank.

17 (e) The Agency shall have the duty to investigate 
18violations of this
Act, any rule or regulation adopted under 
19this Act, any permit or
term or condition of a permit, or any 
20Board order;
to issue administrative citations as provided in 
21Section 31.1 of this
Act; and to take such summary enforcement 
22action as is provided
for by Section 34 of this Act.

23 (f) The Agency shall appear before the Board in any 
24hearing upon a
petition for variance or time-limited water 
25quality standard, the denial of a permit, or the validity or 
26effect
of a rule or regulation of the Board, and shall have the 
 
 
10200HB5186sam005- 141 -LRB102 24774 SPS 38881 a


1authority to
appear before the Board in any hearing under the 
2Act.

3 (g) The Agency shall have the duty to administer, in 
4accord with
Title X of this Act, such permit and certification 
5systems as may be
established by this Act or by regulations 
6adopted thereunder.
The Agency may enter into written 
7delegation agreements with any department,
agency, or unit of 
8State or local government under which all or portions
of this 
9duty may be delegated for public water supply storage and 
10transport
systems, sewage collection and transport systems, 
11air pollution control
sources with uncontrolled emissions of 
12100 tons per year or less and
application of algicides to 
13waters of the State. Such delegation
agreements will require 
14that the work to be performed thereunder will be
in accordance 
15with Agency criteria, subject to Agency review, and shall

16include such financial and program auditing by the Agency as 
17may be required.

18 (h) The Agency shall have authority to require the 
19submission of
complete plans and specifications from any 
20applicant for a permit
required by this Act or by regulations 
21thereunder, and to require the
submission of such reports 
22regarding actual or potential violations of
this Act, any rule 
23or regulation adopted under this Act, any permit or
term or 
24condition of a permit, or any Board order, as may be necessary 
25for the purposes of
this Act.

26 (i) The Agency shall have authority to make 
 
 
10200HB5186sam005- 142 -LRB102 24774 SPS 38881 a


1recommendations to the
Board for the adoption of regulations 
2under Title VII of the Act.

3 (j) The Agency shall have the duty to represent the State 
4of
Illinois in any and all matters pertaining to plans, 
5procedures, or
negotiations for interstate compacts or other 
6governmental arrangements
relating to environmental 
7protection.

8 (k) The Agency shall have the authority to accept, 
9receive, and
administer on behalf of the State any grants, 
10gifts, loans, indirect cost
reimbursements, or other funds 
11made available to the State from any source
for purposes of 
12this Act or for air or water pollution control, public water

13supply, solid waste disposal, noise abatement, or other 
14environmental
protection activities, surveys, or programs. Any 
15federal funds received by the
Agency pursuant to this 
16subsection shall be deposited in a trust fund with the
State 
17Treasurer and held and disbursed by him in accordance with 
18Treasurer as
Custodian of Funds Act, provided that such monies 
19shall be used only for the
purposes for which they are 
20contributed and any balance remaining shall be
returned to the 
21contributor.

22 The Agency is authorized to promulgate such regulations 
23and enter
into such contracts as it may deem necessary for 
24carrying out the
provisions of this subsection.

25 (l) The Agency is hereby designated as water pollution 
26agency for
the state for all purposes of the Federal Water 
 
 
10200HB5186sam005- 143 -LRB102 24774 SPS 38881 a


1Pollution Control Act, as
amended; as implementing agency for 
2the State for all purposes of the Safe
Drinking Water Act, 
3Public Law 93-523, as now or hereafter amended, except
Section 
41425 of that Act; as air pollution agency for the state for all

5purposes of the Clean Air Act of 1970, Public Law 91-604, 
6approved December 31,
1970, as amended; and as solid waste 
7agency for the state for all purposes of
the Solid Waste 
8Disposal Act, Public Law 89-272, approved October 20, 1965,

9and amended by the Resource Recovery Act of 1970, Public Law 
1091-512, approved
October 26, 1970, as amended, and amended by 
11the Resource Conservation and
Recovery Act of 1976, (P.L. 
1294-580) approved October 21, 1976, as amended; as
noise 
13control agency for the state for all purposes of the Noise 
14Control Act of
1972, Public Law 92-574, approved October 27, 
151972, as amended; and as
implementing agency for the State for 
16all purposes of the Comprehensive
Environmental Response, 
17Compensation, and Liability Act of 1980 (P.L. 96-510),
as 
18amended; and otherwise as pollution control agency for the 
19State pursuant
to federal laws integrated with the foregoing 
20laws, for financing purposes or
otherwise. The Agency is 
21hereby authorized to take all action necessary or
appropriate 
22to secure to the State the benefits of such federal Acts, 
23provided
that the Agency shall transmit to the United States 
24without change any
standards adopted by the Pollution Control 
25Board pursuant to Section 5(c) of
this Act. This subsection 
26(l) of Section 4 shall not be construed to bar or
prohibit the 
 
 
10200HB5186sam005- 144 -LRB102 24774 SPS 38881 a


1Environmental Protection Trust Fund Commission from accepting,

2receiving, and administering on behalf of the State any 
3grants, gifts,
loans or other funds for which the Commission 
4is eligible pursuant to the
Environmental Protection Trust 
5Fund Act. The Agency is hereby designated as
the State agency 
6for all purposes of administering the requirements of Section

7313 of the federal Emergency Planning and Community 
8Right-to-Know Act of 1986.

9 Any municipality, sanitary district, or other political 
10subdivision,
or any Agency of the State or interstate Agency, 
11which makes application
for loans or grants under such federal 
12Acts shall notify the Agency of
such application; the Agency 
13may participate in proceedings under such
federal Acts.

14 (m) The Agency shall have authority, consistent with 
15Section 5(c)
and other provisions of this Act, and for 
16purposes of Section 303(e) of
the Federal Water Pollution 
17Control Act, as now or hereafter amended,
to engage in 
18planning processes and activities and to develop
plans in 
19cooperation with units of local government, state agencies and

20officers, and other appropriate persons in connection with the

21jurisdiction or duties of each such unit, agency, officer or 
22person.
Public hearings shall be held on the planning process, 
23at which any
person shall be permitted to appear and be heard, 
24pursuant to procedural
regulations promulgated by the Agency.

25 (n) In accordance with the powers conferred upon the 
26Agency by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, 
 
 
10200HB5186sam005- 145 -LRB102 24774 SPS 38881 a


1the Agency shall
have authority to establish and enforce 
2minimum standards for the
operation of laboratories relating 
3to analyses and laboratory tests for
air pollution, water 
4pollution, noise emissions, contaminant discharges
onto land 
5and sanitary, chemical, and mineral quality of water

6distributed by a public water supply. The Agency may enter 
7into formal
working agreements with other departments or 
8agencies of state
government under which all or portions of 
9this authority may be
delegated to the cooperating department 
10or agency.

11 (o) The Agency shall have the authority to issue 
12certificates of
competency to persons and laboratories meeting 
13the minimum standards
established by the Agency in accordance 
14with Section 4(n) of this Act
and to promulgate and enforce 
15regulations relevant to the issuance and
use of such 
16certificates. The Agency may enter into formal working

17agreements with other departments or agencies of state 
18government under
which all or portions of this authority may 
19be delegated to the
cooperating department or agency.

20 (p) Except as provided in Section 17.7, the Agency shall 
21have the
duty to analyze samples as required
from each public 
22water supply to determine compliance with the
contaminant 
23levels specified by the Pollution Control Board. The maximum

24number of samples which the Agency shall be required to 
25analyze for
microbiological quality shall be 6 per month, but 
26the Agency may, at its
option, analyze a larger number each 
 
 
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1month for any supply. Results of
sample analyses for 
2additional required bacteriological testing,
turbidity, 
3residual chlorine and radionuclides are to be provided to the

4Agency in accordance with Section 19. Owners of water supplies 
5may enter
into agreements with the Agency to provide for 
6reduced Agency
participation in sample analyses.

7 (q) The Agency shall have the authority to provide notice 
8to any
person who may be liable pursuant to Section 22.2(f) of 
9this Act for a
release or a substantial threat of a release of 
10a hazardous substance or
pesticide. Such notice shall include 
11the identified response action and an
opportunity for such 
12person to perform the response action.

13 (r) The Agency may enter into written delegation 
14agreements with any
unit of local government under which it 
15may delegate all or portions of its
inspecting, investigating 
16and enforcement functions. Such delegation
agreements shall 
17require that work performed thereunder be in accordance
with 
18Agency criteria and subject to Agency review.
Notwithstanding 
19any other provision of law to the contrary, no unit of
local 
20government shall be liable for any injury resulting from the 
21exercise
of its authority pursuant to such a delegation 
22agreement unless the injury
is proximately caused by the 
23willful and wanton negligence of an agent or
employee of the 
24unit of local government, and any policy of insurance
coverage 
25issued to a unit of local government may provide for the denial 
26of
liability and the nonpayment of claims based upon injuries 
 
 
10200HB5186sam005- 147 -LRB102 24774 SPS 38881 a


1for which the unit
of local government is not liable pursuant 
2to this subsection (r).

3 (s) The Agency shall have authority to take whatever 
4preventive or
corrective action is necessary or appropriate, 
5including but not limited to
expenditure of monies 
6appropriated from the Build Illinois Bond Fund and
the Build 
7Illinois Purposes Fund for removal or remedial action, 
8whenever
any hazardous substance or pesticide is released or

9there is a substantial threat of such a release into the 
10environment. The
State, the Director, and any State employee 
11shall be indemnified for any
damages or injury arising out of 
12or resulting from any action taken under
this subsection. The 
13Director of the Agency is authorized to enter into
such 
14contracts and agreements as are necessary
to carry out the 
15Agency's duties under this subsection.

16 (t) The Agency shall have authority to distribute grants, 
17subject to
appropriation by the General Assembly, to units of 
18local government for financing and construction of
wastewater 
19facilities in both incorporated and unincorporated areas. With 
20respect to all monies appropriated
from the Build Illinois 
21Bond Fund and the Build Illinois Purposes
Fund for wastewater 
22facility grants, the Agency shall make
distributions in 
23conformity with the rules and regulations established
pursuant 
24to the Anti-Pollution Bond Act, as now or hereafter amended.

25 (u) Pursuant to the Illinois Administrative Procedure Act, 
26the
Agency shall have the authority to adopt such rules as are 
 
 
10200HB5186sam005- 148 -LRB102 24774 SPS 38881 a


1necessary or
appropriate for the Agency to implement Section 
231.1 of this Act.

3 (v) (Blank.)

4 (w) Neither the State, nor the Director, nor the Board, 
5nor any State
employee shall be liable for any damages or 
6injury arising out of or
resulting from any action taken under 
7subsection (s).


8 (x)(1) The Agency shall have authority to distribute 
9grants, subject to
appropriation by the General Assembly, to 
10units of local government for
financing and construction of 
11public water supply facilities. With respect
to all monies 
12appropriated from the Build Illinois Bond Fund or the Build

13Illinois Purposes Fund for public water supply grants, such 
14grants shall be
made in accordance with rules promulgated by 
15the Agency.
Such rules shall include a requirement for a local 
16match of 30% of the
total project cost for projects funded 
17through such grants.


18 (2) The Agency shall not terminate a grant to a unit of 
19local government
for the financing and construction of public 
20water supply facilities unless
and until the Agency adopts 
21rules that set forth precise and complete
standards, pursuant 
22to Section 5-20 of the Illinois Administrative
Procedure Act, 
23for the termination of such grants. The Agency shall not
make 
24determinations on whether specific grant conditions are 
25necessary to
ensure the integrity of a project or on whether 
26subagreements shall be
awarded, with respect to grants for the 
 
 
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1financing and construction of
public water supply facilities, 
2unless and until the Agency adopts rules
that set forth 
3precise and complete standards, pursuant to Section 5-20
of 
4the Illinois Administrative Procedure Act, for making such

5determinations. The Agency shall not issue a stop-work order 
6in relation to
such grants unless and until the Agency adopts 
7precise and complete standards,
pursuant to Section 5-20 of 
8the Illinois Administrative Procedure Act, for
determining 
9whether to issue a stop-work order.

10 (y) The Agency shall have authority to release any person 
11from further
responsibility for preventive or corrective 
12action under this Act following
successful completion of 
13preventive or corrective action undertaken by such
person upon 
14written request by the person.

15 (z) To the extent permitted by any applicable federal law 
16or regulation, for all work performed for State construction 
17projects which are funded in whole or in part by a capital 
18infrastructure bill enacted by the 96th General Assembly by 
19sums appropriated to the Environmental Protection Agency, at 
20least 50% of the total labor hours must be performed by actual 
21residents of the State of Illinois. For purposes of this 
22subsection, "actual residents of the State of Illinois" means 
23persons domiciled in the State of Illinois. The Department of 
24Labor shall promulgate rules providing for the enforcement of 
25this subsection.
26 (aa) The Agency may adopt rules requiring the electronic 
 
 
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1submission of any information required to be submitted to the 
2Agency pursuant to any State or federal law or regulation or 
3any court or Board order. Any rules adopted under this 
4subsection (aa) must include, but are not limited to, 
5identification of the information to be submitted 
6electronically. 
7(Source: P.A. 99-937, eff. 2-24-17; 100-1179, eff. 1-18-19.)





8 (415 ILCS 5/9.9)




9 Sec. 9.9. Nitrogen oxides trading system. 

10 (a) The General Assembly finds:


11  (1) That USEPA has issued a Final Rule published in 
12 the Federal
Register on October 27, 1998, entitled 
13 "Finding of Significant Contribution and
Rulemaking for 
14 Certain States in the Ozone Transport Assessment Group 
15 Region
for Purposes of Reducing Regional Transport of 
16 Ozone", hereinafter referred to
as the "NOx SIP Call", 
17 compliance with which will require reducing emissions of

18 nitrogen oxides ("NOx");


19  (2) That reducing emissions of NOx in the State helps 
20 the State to meet
the national ambient air quality 
21 standard for ozone;


22  (3) That emissions trading is a cost-effective means 
23 of obtaining
reductions of NOx emissions.

24 (b) The Agency shall propose and the Board shall adopt

25regulations to implement an interstate NOx trading program 
 
 
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1(hereinafter
referred to as the "NOx Trading Program") as 
2provided for in 40 CFR
Part 96, including
incorporation by 
3reference of appropriate provisions of 40 CFR Part 96 and

4regulations to address 40 CFR Section 96.4(b), Section 
596.55(c), Subpart E, and
Subpart I. In addition, the Agency 
6shall propose and the Board shall adopt
regulations to 
7implement NOx emission reduction programs for cement kilns and

8stationary
internal combustion engines.

9 (c) Allocations of NOx allowances to large electric 
10generating units
("EGUs") and large non-electric generating 
11units ("non-EGUs"), as defined by 40
CFR Part 96.4(a), shall 
12not exceed the State's trading budget for those source

13categories to be included in
the State Implementation Plan for 
14NOx.

15 (d) In adopting regulations to implement the NOx Trading 
16Program, the Board
shall:


17  (1) assure that the economic impact and technical 
18 feasibility of NOx
emissions reductions under the NOx 
19 Trading Program are considered relative to
the traditional 
20 regulatory control requirements in the State for EGUs and

21 non-EGUs;


22  (2) provide that emission units, as defined in Section 
23 39.5(1) of this
Act, may opt into the NOx Trading Program;


24  (3) provide for voluntary reductions of NOx emissions 
25 from emission units,
as defined in Section 39.5(1) of this 
26 Act, not otherwise included under
paragraph (c) or (d)(2) 
 
 
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1 of this Section to provide additional allowances to
EGUs 
2 and non-EGUs to be allocated by the Agency. The 
3 regulations shall further
provide that such voluntary 
4 reductions are verifiable, quantifiable, permanent,
and 
5 federally enforceable;


6  (4) provide that the Agency allocate to non-EGUs 
7 allowances that are
designated in the rule, unless the 
8 Agency has been directed to transfer the
allocations to 
9 another unit subject to the requirements of the NOx 
10 Trading
Program, and that upon shutdown of a non-EGU, the 
11 unit may transfer or sell the
NOx allowances that are 
12 allocated to such unit;


13  (5) provide that the Agency shall set aside annually a 
14 number of
allowances, not to exceed 5% of the total EGU 
15 trading budget, to be made
available to new EGUs; and


16  (6)
provide that those EGUs that commence commercial

17 operation, as defined
in 40
CFR Section 96.2, at a time 
18 that is more than half way through the control
period in 
19 2003 shall return to the Agency any allowances that were 
20 issued to
it by the Agency and were not used for compliance 
21 in 2004.


22 (d-5) The Agency may sell NOx allowances to sources in 
23Illinois that are
subject
to 35 Ill. Adm. Code 217, either 
24Subpart U or W, as follows:

25  (1) any unearned Early Reduction Credits set aside for 
26 non-EGUs under 35
Ill. Adm. Code 217, Subpart U, but only 
 
 
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1 to those sources that make qualifying
early reductions of 
2 NOx in 2003 pursuant to 35 Ill. Adm. Code 217 for which
the 
3 source did not receive an allocation thereunder. If the 
4 Agency receives
requests to purchase more ERCs than are 
5 available for sale, allowances shall
be offered for sale 
6 to qualifying sources on a pro-rata basis;

7  (2) any remaining Early Reduction Credits allocated 
8 under 35 Ill. Adm.
Code 217, Subpart U or W, that could not 
9 be allocated on a pro-rata, whole
allowance basis, but 
10 only to those sources that made qualifying early

11 reductions of NOx in 2003 pursuant to 35 Ill. Adm. Code 217 
12 for which the
source did not receive an allocation;

13  (3) any allowances under 35 Ill. Adm. Code 217, 
14 Subpart W, that remain
after each 3-year allocation period 
15 that could not be allocated on a
pro-rata, whole allowance 
16 basis pursuant to the provisions of Subpart W; and

17  (4) any allowances requested from the New Source Set 
18 Aside for those
sources that commenced operation, as 
19 defined in 40 CFR Section 96.2, on or
after
January 1, 
20 2004.

21 (d-10) The selling price for ERC allowances shall be 70% 
22of the market
price index for 2005 NOx allowances, determined 
23by the Agency as follows:

24  (1) using the mean of 2 or more published market price 
25 indexes for the
2005 NOx allowances as of October 6, 2003; 
26 or

 
 
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1  (2) if there are not 2 published market price indexes 
2 for 2005 NOx
allowances as of October 6, 2003, the Agency 
3 may use any reasonable indication
of market price.

4 (e) The Agency may adopt procedural rules, as necessary, 
5to implement the
regulations promulgated by the Board pursuant 
6to subsections (b) and (d) and
to implement subsections (d-5), 
7(d-10), (i), and (j) of
this Section.

8 (f) Notwithstanding any provisions in subparts T, U, and W 
9of Section 217
of Title 35 of the Illinois Administrative Code 
10to the contrary, compliance
with the regulations promulgated 
11by the Board pursuant to subsections (b) and
(d) of this 
12Section is required by May 31, 2004.

13 (g) To the extent that a court of competent jurisdiction 
14finds a provision
of 40 CFR Part 96 invalid, the corresponding 
15Illinois provision shall
be stayed until such provision of 40 
16CFR Part 96 is found to be valid or is
re-promulgated. To the 
17extent that USEPA or any court of competent
jurisdiction stays 
18the applicability of any provision of the NOx SIP Call to
any 
19person or circumstance relating to Illinois, during the period 
20of that
stay, the effectiveness of the corresponding Illinois 
21provision shall be
stayed. To the extent that the invalidity 
22of the particular requirement or
application does not affect

23other provisions or applications of the NOx SIP Call pursuant 
24to 40 CFR 51.121
or the NOx trading program pursuant to 40 CFR 
25Part 96 or 40 CFR Part 97, this
Section, and rules or 
26regulations promulgated hereunder, will be given
effect 
 
 
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1without the invalid provisions or applications.

2 (h) Notwithstanding any other provision of this Act, any 
3source or other
authorized person that participates in the NOx 
4Trading Program shall be
eligible to exchange NOx allowances 
5with other sources in accordance with
this Section and with 
6regulations promulgated by the Board or the Agency.

7 (i) (Blank). There is hereby created within the State 
8Treasury an interest-bearing
special fund to be known as the 
9NOx Trading System Fund. Moneys generated
from the sale of NOx 
10allowances from the New Source Set Aside or the sale of

11allowances pursuant to subsection (d-5) of this Section shall 
12be deposited into
the Fund. This Fund shall be used
and 
13administered by the Agency for the purposes stated below:


14  (1) To accept funds from persons who purchase NOx 
15 allowances from the
New Source Set Aside from the
Agency;


16  (2) To disburse the proceeds of the sale of the NOx

17 allowances from the New Source Set Aside, to the extent 
18 that proceeds remain
after the Agency has recouped the 
19 reasonable costs incurred by the Agency in
the 
20 administration of the NOx SIP Call Program, pro-rata to 
21 the
owners or operators of the EGUs that received

22 allowances from the Agency but not from the Agency's New 
23 Source Set Aside, in accordance
with regulations that may 
24 be promulgated by the Agency; and


25  (3) To finance the reasonable costs incurred by the 
26 Agency in the
administration of the NOx SIP Call Program.

 
 
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1 (j) Moneys generated from the sale of early reduction 
2credits
shall be deposited into the Clean Air Act Permit Fund 
3created pursuant to
Section 39.5(18)(d) of this Act, and the 
4proceeds
shall be used and administered by the Agency to 
5finance the costs associated
with the Clean Air Act Permit 
6Program.

7(Source: P.A. 92-12, eff. 7-1-01; 92-279, eff. 8-7-01; 93-669, 
8eff. 3-19-04.)





9 (415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)



10 Sec. 22.8. Environmental Protection Permit and Inspection 
11Fund. 

12 (a) There is hereby created in the State Treasury a 
13special fund to be known
as the Environmental Protection 
14Permit and Inspection Fund. All fees collected
by the Agency 
15pursuant to this Section, Section 9.6, 12.2, 16.1, 56.4, 56.5, 
1656.6, and subsection (f) of Section 5 of this
Act, or pursuant 
17to Section 22 of the Public Water Supply Operations Act or 
18Section 1011 of the Solid Waste Site Operator Certification 
19Law, as well as
funds collected under subsection (b.5) of 
20Section 42 of this Act,
shall be deposited into the Fund. In 
21addition to any monies appropriated
from the General Revenue 
22Fund, monies in the Fund shall be appropriated
by the General 
23Assembly to the Agency in amounts deemed necessary for

24manifest, permit, and inspection activities and for performing 
25its functions, powers, and duties under the Solid Waste Site 
 
 
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1Operator Certification Law.

2 The General Assembly may appropriate monies in the Fund 
3deemed necessary
for Board regulatory and adjudicatory 
4proceedings.

5 (a-5) (Blank). As soon as practicable after the effective 
6date of this amendatory Act of the 98th General Assembly, but 
7no later than January 1, 2014, the State Comptroller shall 
8direct and the State Treasurer shall transfer all monies in 
9the Industrial Hygiene Regulatory and Enforcement Fund to the 
10Environmental Protection Permit and Inspection Fund to be used 
11in accordance with the terms of the Environmental Protection 
12Permit and Inspection Fund. 
13 (a-6) (Blank). As soon as practicable after the effective 
14date of this amendatory Act of the 98th General Assembly, but 
15no later than December 31, 2014, the State Comptroller shall 
16order the transfer of, and the State Treasurer shall transfer, 
17all moneys in the Hazardous Waste Occupational Licensing Fund 
18into the Environmental Protection Permit and Inspection Fund 
19to be used in accordance with the terms of the Environmental 
20Protection Permit and Inspection Fund. 
21 (b) The Agency shall collect from the
owner or operator of 
22any of the following types of hazardous waste disposal
sites 
23or management facilities which require a RCRA permit under 
24subsection
(f) of Section 21 of this Act, or a UIC permit under 
25subsection (g) of Section
12 of this Act, an annual fee in the 
26amount of:

 
 
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1  (1) $35,000 ($70,000 beginning in 2004)
for a 
2 hazardous waste disposal site receiving hazardous
waste if 
3 the hazardous waste disposal site is located off the site 
4 where
such waste was produced;

5  (2) $9,000 ($18,000 beginning in 2004)
for a hazardous 
6 waste disposal site receiving hazardous waste
if the 
7 hazardous waste disposal site is located on the site where 
8 such
waste was produced;

9  (3) $7,000 ($14,000 beginning in 2004)
for a hazardous 
10 waste disposal site receiving hazardous waste
if the 
11 hazardous waste disposal site is an underground injection 
12 well;

13  (4) $2,000 ($4,000 beginning in 2004)
for a hazardous 
14 waste management facility treating
hazardous waste by 
15 incineration;

16  (5) $1,000 ($2,000 beginning in 2004)
for a hazardous 
17 waste management facility treating hazardous
waste by a 
18 method, technique or process other than incineration;

19  (6) $1,000 ($2,000 beginning in 2004)
for a hazardous 
20 waste management facility storing hazardous
waste in a 
21 surface impoundment or pile;

22  (7) $250 ($500 beginning in 2004)
for a hazardous 
23 waste management facility storing hazardous
waste other 
24 than in a surface impoundment or pile; and

25  (8) Beginning in 2004, $500 for a large quantity 
26 hazardous waste
generator required to submit an annual or 
 
 
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1 biennial report for hazardous waste
generation.

2 (c) Where two or more operational units are located within 
3a single
hazardous waste disposal site, the Agency shall 
4collect from the owner or
operator of such site an annual fee 
5equal to the highest fee imposed by
subsection (b) of this 
6Section upon any single operational unit within the
site.

7 (d) The fee imposed upon a hazardous waste disposal site 
8under this
Section shall be the exclusive permit and 
9inspection fee applicable to
hazardous waste disposal at such 
10site, provided that nothing in this
Section shall be construed 
11to diminish or otherwise affect any fee imposed
upon the owner 
12or operator of a hazardous waste disposal site by Section 
1322.2.

14 (e) The Agency shall establish procedures, no later than 
15December 1,
1984, relating to the collection of the hazardous 
16waste disposal site
fees authorized by this Section. Such 
17procedures shall include, but not be
limited to the time and 
18manner of payment of fees to the Agency, which
shall be 
19quarterly, payable at the beginning of each quarter for 
20hazardous
waste disposal site fees. Annual fees required under 
21paragraph (7) of
subsection (b) of this Section shall 
22accompany the annual report required
by Board regulations for 
23the calendar year for which the report applies.

24 (f) For purposes of this Section, a hazardous waste 
25disposal site
consists of one or more of the following 
26operational units:

 
 
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1  (1) a landfill receiving hazardous waste for disposal;

2  (2) a waste pile or surface impoundment, receiving 
3 hazardous waste, in
which residues which exhibit any of 
4 the characteristics of hazardous waste
pursuant to Board 
5 regulations are reasonably expected to remain after 
6 closure;

7  (3) a land treatment facility receiving hazardous 
8 waste; or

9  (4) a well injecting hazardous waste.

10 (g) The Agency shall assess a fee for each manifest 
11provided by the
Agency. For manifests provided on or after 
12January 1, 1989 but before July 1,
2003, the fee shall be $1 
13per manifest. For manifests provided on or after
July 1, 2003, 
14the fee shall be $3 per manifest.

15(Source: P.A. 98-78, eff. 7-15-13; 98-692, eff. 7-1-14; 
1698-822, eff. 8-1-14.)


17 Section 20-75. The Toxic Pollution Prevention Act is 
18amended by changing Section 5 as follows:




19 (415 ILCS 85/5) (from Ch. 111 1/2, par. 7955)



20 Sec. 5. Toxic Pollution Prevention Assistance Program. 
21There is
hereby established a Toxic Pollution Prevention 
22Assistance Program at the Illinois Sustainable Technology

23Center. The Center may establish
cooperative programs with 
24public and private colleges and universities
designed to 
 
 
10200HB5186sam005- 161 -LRB102 24774 SPS 38881 a


1augment the implementation of this Section. The Center may

2establish fees, tuition, or other financial charges for 
3participation in
the Assistance Program. These monies shall be 
4deposited in the Toxic
Pollution Prevention Fund established 
5in Section 7 of this Act. Through the
Assistance Program, the 
6Center:

7  (1) Shall provide general information about and 
8 actively publicize the
advantages of and developments in 
9 toxic pollution prevention and sustainability practices.

10  (2) May establish courses, seminars, conferences and 
11 other events, and
reports, updates, guides and other 
12 publications and other means of
providing technical 
13 information for industries, local governments and
citizens 
14 concerning toxic pollution prevention strategies, and may, 
15 as
appropriate, work in cooperation with the Agency.

16  (3) Shall engage in research on toxic pollution 
17 prevention
methods. Such research shall include 
18 assessments of the impact
of adopting toxic pollution 
19 prevention methods on the environment, the
public health, 
20 and worker exposure, and assessments of the impact on

21 profitability and employment within affected industries.

22  (4) Shall provide on-site technical
consulting, to the 
23 extent practicable, to help facilities to
identify 
24 opportunities for toxic pollution prevention, and to 
25 develop
comprehensive toxic pollution prevention plans 
26 that would include water, energy, and solid waste. To be 
 
 
10200HB5186sam005- 162 -LRB102 24774 SPS 38881 a


1 eligible for such
consulting, the owner or operator of a 
2 facility must agree to allow
information regarding the 
3 results of such consulting to be shared with the
public, 
4 provided that the identity of the facility shall be made 
5 available only
with its consent, and trade secret 
6 information shall remain protected.

7  (5) May sponsor pilot projects in cooperation with the

8 Agency, or an institute of higher education to develop
and 
9 demonstrate innovative technologies and methods for toxic 
10 pollution
prevention and sustainable development. The 
11 results of all such projects shall be available for use by

12 the public, but trade secret information shall remain 
13 protected.

14  (6) May award grants for activities that further the 
15 purposes of this
Act, including but not limited to the 
16 following:


17   (A) grants to not-for-profit organizations to 
18 establish free or
low-cost technical assistance or 
19 educational programs to supplement the
toxic pollution 
20 prevention activities of the Center;


21   (B) grants to assist trade associations, business 
22 organizations, labor
organizations and educational 
23 institutions in developing training materials
to 
24 foster toxic pollution prevention; and


25   (C) grants to assist industry, business 
26 organizations, labor
organizations, education 
 
 
10200HB5186sam005- 163 -LRB102 24774 SPS 38881 a


1 institutions and industrial hygienists to
identify, 
2 evaluate and implement toxic pollution prevention 
3 measures and
alternatives through audits, plans and 
4 programs.


5  The Center may establish criteria and terms for such 
6 grants, including a
requirement that a grantee provide 
7 matching funds. Grant money awarded
under this Section may 
8 not be spent for capital improvements or equipment.


9  In determining whether to award a grant, the Center 
10 shall
consider at least the following:


11   (i) the potential of the project to prevent 
12 pollution;


13   (ii) the likelihood that the project will develop 
14 techniques or
processes that will minimize the 
15 transfer of pollution from one
environmental medium to 
16 another;


17   (iii) the extent to which information to be 
18 developed through the
project will be applicable to 
19 other persons in the State; and


20   (iv) the willingness of the grant applicant to 
21 assist the Center in
disseminating information about 
22 the pollution prevention methods to be
developed 
23 through the project.

24  (7) Shall establish and operate a State information 
25 clearinghouse
that
assembles, catalogues and disseminates 
26 information about toxic pollution
prevention and available 
 
 
10200HB5186sam005- 164 -LRB102 24774 SPS 38881 a


1 consultant services. Such clearinghouse shall
include a 
2 computer database containing information on managerial, 
3 technical
and operational approaches to achieving toxic 
4 pollution prevention. The
computer database must be 
5 maintained on a system designed to enable
businesses, 
6 governmental agencies and the general public readily to 
7 obtain
information specific to production technologies, 
8 materials, operations and
products. A business shall not 
9 be required to submit to the clearinghouse
any information 
10 that is a trade secret.

11  (8) May contract with an established institution of 
12 higher education
to assist the Center in carrying out the 
13 provisions of this Section. The
assistance provided by 
14 such an institution may include, but need not be
limited 
15 to:


16   (A) engineering field internships to assist 
17 industries in
identifying
toxic pollution prevention 
18 opportunities;


19   (B) development of a toxic pollution prevention 
20 curriculum for
students and faculty; and


21   (C) applied toxic pollution prevention and 
22 recycling research.

23  (9) Shall emphasize assistance to businesses that have 
24 inadequate
technical and financial resources to obtain 
25 information and to assess and
implement toxic pollution 
26 prevention methods.

 
 
10200HB5186sam005- 165 -LRB102 24774 SPS 38881 a


1  (10) Shall publish a biannual report on its toxic 
2 pollution
prevention and sustainable development 
3 activities, achievements, identified problems and future 
4 goals.

5(Source: P.A. 98-346, eff. 8-14-13.)


6 Section 20-80. The Illinois Endangered Species Protection 
7Act is amended by changing Section 10 as follows:




8 (520 ILCS 10/10) (from Ch. 8, par. 340)



9 Sec. 10. 
The Endangered and Threatened Species Program 
10shall be
located within the Department of Conservation. All 
11fines collected under
this Act shall be paid to the State

12Treasurer and deposited in the Illinois Wildlife Preservation 
13Nongame Wildlife Conservation Fund.

14(Source: P.A. 84-1065.)


15 Section 20-85. The Illinois Vehicle Code is amended by 
16changing Section 11-1429 as follows:

17 (625 ILCS 5/11-1429)
18 Sec. 11-1429. Excessive idling.
19 (a) The purpose of this law is to protect public health and 
20the environment by reducing emissions while conserving fuel 
21and maintaining adequate rest and safety of all drivers of 
22diesel vehicles.
 
 
10200HB5186sam005- 166 -LRB102 24774 SPS 38881 a


1 (b) As used in this Section, "affected areas" means the 
2counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, 
3St. Clair, and Monroe and the townships of Aux Sable and Goose 
4Lake in Grundy County and the township of Oswego in Kendall 
5County.
6 (c) A person that operates a motor
vehicle operating on 
7diesel fuel in an affected area may not cause or allow the

8motor vehicle, when it is not in motion, to idle for more than

9a total of 10 minutes within any 60 minute period, except under 
10the following circumstances:

11  (1) the motor vehicle has a Gross Vehicle Weight 
12 Rating
of less than 8,000 pounds;

13  (2) the motor vehicle idles while forced to remain 
14 motionless because of on-highway traffic, an official 
15 traffic control device or signal, or at the direction of a 
16 law enforcement official;

17  (3) the motor vehicle idles when operating defrosters, 
18 heaters, air conditioners, or other equipment solely to 
19 prevent a safety or health emergency;

20  (4) a police, fire, ambulance, public safety, other 
21 emergency or law enforcement motor vehicle, or any motor 
22 vehicle used in an emergency capacity, idles while in an 
23 emergency or training mode and not for the convenience of 
24 the vehicle operator;

25  (5) the primary propulsion engine idles for 
26 maintenance, servicing, repairing, or diagnostic purposes 
 
 
10200HB5186sam005- 167 -LRB102 24774 SPS 38881 a


1 if idling is necessary for such activity;

2  (6) a motor vehicle idles as part of a government 
3 inspection to verify that all equipment is in good working 
4 order, provided idling is required as part of the 
5 inspection;

6  (7) when idling of the motor vehicle is required to 
7 operate auxiliary equipment to accomplish the intended use 
8 of the vehicle (such as loading, unloading, mixing, or 
9 processing cargo; controlling cargo temperature; 
10 construction operations; lumbering operations; oil or gas 
11 well servicing; or farming operations), provided that this 
12 exemption does not apply when the vehicle is idling solely 
13 for cabin comfort or to operate non-essential equipment 
14 such as air conditioning, heating, microwave ovens, or 
15 televisions;

16  (8) an armored motor vehicle idles when a person 
17 remains inside the vehicle to guard the contents, or while 
18 the vehicle is being loaded or unloaded;

19  (9) a bus idles a maximum of 15 minutes in any 60 
20 minute period to maintain passenger comfort while 
21 non-driver passengers are on board;

22  (10) if the motor vehicle has a sleeping berth, when 
23 the operator is occupying the vehicle during a rest or 
24 sleep period and idling of the vehicle is required to 
25 operate air conditioning or heating;

26  (11) when the motor vehicle idles due to mechanical 
 
 
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1 difficulties over which the operator has no control;

2  (12) the motor vehicle is used as airport ground 
3 support
equipment, including, but not limited to, motor 
4 vehicles
operated on the air side of the airport terminal 
5 to service
or supply aircraft;

6  (13) the motor vehicle is (i) a bus owned by a public

7 transit authority and (ii) being operated on a designated

8 bus route or on a street or highway between designated bus

9 routes for the provision of public transportation;

10  (14) the motor vehicle is an implement of husbandry

11 exempt from registration under subdivision A(2) of Section

12 3-402 of this Code;

13  (15) the motor vehicle is owned by an electric utility 
14 and is operated for electricity generation or hydraulic 
15 pressure to power equipment necessary in the restoration, 
16 repair, modification or installation of electric utility 
17 service;
18  (16) the outdoor temperature is less than 32 degrees 
19 Fahrenheit or greater than 80 degrees Fahrenheit; or
20  (17) the motor vehicle idles while being operated by a 
21 remote starter system. 
22 (d) When the outdoor temperature is 32 degrees Fahrenheit 
23or higher and 80 degrees Fahrenheit or lower, a person who 
24operates a motor vehicle operating on diesel fuel in an 
25affected area may not cause or allow the motor vehicle to idle 
26for a period greater than 30 minutes in any 60 minute period 
 
 
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1while waiting to weigh, load, or unload cargo or freight, 
2unless the vehicle is in a line of vehicles that regularly and 
3periodically moves forward.

4 (e) This Section does not prohibit the operation of an 
5auxiliary power unit or generator set as an alternative to 
6idling the main engine of a motor vehicle operating on diesel 
7fuel.

8 (f) This Section does not apply to the owner of a motor 
9vehicle rented or leased to another entity or person operating 
10the vehicle.
11 (g) Any person convicted of any violation of this Section 
12is guilty of
a petty offense and shall be fined $90 for the 
13first
conviction and $500 for a second or subsequent 
14conviction
within any 12 month period.


15 (h) Fines; distribution. All fines and all penalties 
16collected under this Section shall be deposited in the State 
17Treasury and shall be distributed as follows: (i) $50 for the 
18first conviction and $150 for a second or subsequent 
19conviction within any 12 month period under this Section shall 
20be deposited into the State's General Revenue Fund; (ii) $20 
21for the first conviction and $262.50 for a second or 
22subsequent conviction within any 12 month period under this 
23Section shall be distributed to the law enforcement agency 
24that issued the citation; and (iii) $20 for the first 
25conviction and $87.50 for a second or subsequent conviction 
26within any 12 month period under this Section shall be 
 
 
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1deposited into the Vehicle Inspection Trucking Environmental 
2and Education Fund.
3 (i) (Blank). The Trucking Environmental and Education Fund 
4is created as a special fund in the State Treasury. All money 
5deposited into the Trucking Environmental and Education Fund 
6shall be paid, subject to appropriation by the General 
7Assembly, to the Illinois Environmental Protection Agency for 
8the purpose of educating the trucking industry on air 
9pollution and preventative measures specifically related to 
10idling. Any interest earned on deposits into the Fund shall 
11remain in the Fund and be used for the purposes set forth in 
12this subsection. Notwithstanding any other law to the 
13contrary, the Fund is not subject to administrative charges or 
14charge-backs that would in any way transfer moneys from the 
15Fund into any other fund of the State. 
16 (j) Notwithstanding any other provision of this Section, a 
17person who operates a motor vehicle with a gross vehicle 
18weight rating of 8,000 pounds or more operating on diesel fuel 
19on property that (i) offers paid parking services to vehicle 
20owners, (ii) does not involve fuel dispensing, and (iii) is 
21located in an affected area within a county of over 3 million 
22residents but outside of a municipality of over 2 million 
23residents may not cause or allow the motor vehicle, when it is 
24not in motion, to idle for more than a total of 10 minutes 
25within any 60-minute period under any circumstances if the 
26vehicle is within 200 feet of a residential area. This Section 
 
 
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1may be enforced by either the law enforcement agency having 
2jurisdiction over the residential area or the law enforcement 
3agency having jurisdiction over the property on which the 
4violation took place. This subsection does not apply to:
5  (1) school buses;
6  (2) waste hauling vehicles;
7  (3) facilities operated by the Department of 
8 Transportation;
9  (4) vehicles owned by a public utility and operated to 
10 power equipment necessary in the restoration, repair, 
11 modification, or installation of a utility service; or
12  (5) ambulances.
13(Source: P.A. 100-435, eff. 8-25-17; 101-319, eff. 1-1-20.)

14 Section 20-90. The Unified Code of Corrections is amended 
15by changing Section 5-9-1.8 as follows:




16 (730 ILCS 5/5-9-1.8)


17 Sec. 5-9-1.8. Child pornography fines. Beginning July 1, 
182006, 100% of the fines in
excess of $10,000 collected for 
19violations of Section 11-20.1 of the Criminal
Code of 1961 or 
20the Criminal Code of 2012 shall be deposited into the Child 
21Abuse Prevention Fund that is
created in the State Treasury. 
22Moneys in the Fund resulting from the fines
shall be for the 
23use of the
Department of Children and Family Services for 
24grants to private entities
giving treatment and counseling to 
 
 
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1victims of child sexual abuse.
2 Notwithstanding any other provision of law, in addition to 
3any other transfers that may be provided by law, on July 1, 
42006, or as soon thereafter as practical, the State 
5Comptroller shall direct and the State Treasurer shall 
6transfer the remaining balance from the Child Sexual Abuse 
7Fund into the Child Abuse Prevention Fund. Upon completion of 
8the transfer, the Child Sexual Abuse Fund is dissolved, and 
9any future deposits due to that Fund and any outstanding 
10obligations or liabilities of the Fund pass to the Child Abuse 
11Prevention Fund.


12(Source: P.A. 97-1150, eff. 1-25-13.)


13 Section 20-95. The Franchise Tax and License Fee Amnesty 
14Act of 2007 is amended by changing Section 5-10 as follows:

15 (805 ILCS 8/5-10)

16 Sec. 5-10. Amnesty program. The Secretary shall establish 
17an amnesty program for all taxpayers owing any franchise tax 
18or license fee imposed by Article XV of the Business 
19Corporation Act of 1983. The amnesty program shall be for a 
20period from February 1, 2008 through March 15, 2008. The 
21amnesty program shall also be for a period between October 1, 
222019 and November 15, 2019, and shall apply to franchise tax or 
23license fee liabilities for any tax period ending after March 
2415, 2008 and on or before June 30, 2019. The amnesty program 
 
 
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1shall provide that, upon payment by a taxpayer of all 
2franchise taxes and license fees due from that taxpayer to the 
3State of Illinois for any taxable period, the Secretary shall 
4abate and not seek to collect any interest or penalties that 
5may be applicable, and the Secretary shall not seek civil or 
6criminal prosecution for any taxpayer for the period of time 
7for which amnesty has been granted to the taxpayer. Failure to 
8pay all taxes due to the State for a taxable period shall not 
9invalidate any amnesty granted under this Act with respect to 
10the taxes paid pursuant to the amnesty program. Amnesty shall 
11be granted only if all amnesty conditions are satisfied by the 
12taxpayer. Amnesty shall not be granted to taxpayers who are a 
13party to any criminal investigation or to any civil or 
14criminal litigation that is pending in any circuit court or 
15appellate court or the Supreme Court of this State for 
16nonpayment, delinquency, or fraud in relation to any franchise 
17tax or license fee imposed by Article XV of the Business 
18Corporation Act of 1983. Voluntary payments made under this 
19Act shall be made by check, guaranteed remittance, or ACH 
20debit. The Secretary shall adopt rules as necessary to 
21implement the provisions of this Act. Except as otherwise 
22provided in this Section, all money collected under this Act 
23that would otherwise be deposited into the General Revenue 
24Fund shall be deposited into the General Revenue Fund. Two 
25percent of all money collected under this Act shall be 
26deposited by the State Treasurer into the Department of 
 
 
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1Business Services Special Operations Fund and, subject to 
2appropriation, shall be used by the Secretary to cover costs 
3associated with the administration of this Act.

4(Source: P.A. 101-9, eff. 6-5-19; 101-604, eff. 12-13-19.)

5 Section 20-100. The Consumer Fraud and Deceptive Business 
6Practices Act is amended by changing Section 7 as follows:




7 (815 ILCS 505/7) (from Ch. 121 1/2, par. 267)



8 Sec. 7. Injunctive relief; restitution; and civil 
9penalties. 

10 (a) Whenever the Attorney General or a State's Attorney 
11has reason to
believe that any person is using, has used, or is 
12about to use any method,
act or practice declared by this Act 
13to be
unlawful, and that proceedings would be in the public 
14interest, he or she
may bring an action in the name of the 
15People of the State against
such person to restrain by 
16preliminary or permanent injunction the use of
such method, 
17act or practice. The Court, in its discretion, may exercise

18all powers necessary, including but not limited to: 
19injunction;
revocation, forfeiture or suspension of any 
20license, charter, franchise,
certificate or other evidence of 
21authority of any person to do business in
this State; 
22appointment of a receiver; dissolution of domestic 
23corporations
or association suspension or termination of the 
24right of foreign
corporations or associations to do business 
 
 
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1in this State; and restitution.

2 (b) In addition to the remedies provided herein, the 
3Attorney General or
State's Attorney may request and the Court 
4may impose a civil penalty in a sum
not to exceed $50,000 
5against any person found by the Court to have engaged in
any 
6method, act or practice declared unlawful under this Act.
In 
7the event the court finds the method, act or practice to have 
8been entered
into with the intent to defraud, the court has the 
9authority to impose a
civil penalty in a sum not to exceed 
10$50,000 per violation.

11 (c) In addition to any other civil penalty provided in 
12this Section, if a
person is found by the court to have engaged 
13in any method, act, or practice
declared unlawful under this 
14Act, and the violation was committed against a
person 65 years 
15of age or older, the court may impose an additional civil

16penalty not to exceed $10,000 for each violation.

17 A civil penalty imposed under this subsection (c) shall be 
18paid to the
State Treasurer
who shall deposit the money in the 
19State treasury in a special fund designated
the Department on 
20Aging State Projects Elderly Victim Fund. The Treasurer shall 
21deposit such moneys into the
Fund monthly. All of the moneys 
22deposited into the Fund shall be appropriated
to the 
23Department on Aging for grants to senior centers in Illinois. 

24 An award of restitution under subsection (a) has priority 
25over a civil
penalty
imposed by the court under this 
26subsection.

 
 
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1 In determining whether to impose a civil penalty under 
2this subsection
and the amount of any penalty, the court shall 
3consider the following:


4  (1) Whether the defendant's conduct was in willful 
5 disregard of the rights
of the person 65 years of age or 
6 older.


7  (2) Whether the defendant knew or should have known 
8 that the defendant's
conduct was directed to a person 65 
9 years of age or older.


10  (3) Whether the person 65 years of age or older was 
11 substantially more
vulnerable to the defendant's conduct 
12 because of age, poor health, infirmity,
impaired 
13 understanding, restricted mobility, or disability, than 
14 other persons.


15  (4) Any other factors the court deems appropriate.

16 (d) This Section applies if: (i) a court orders a party to 
17make payments
to the Attorney General and the payments are to 
18be used for the operations of
the Office of the Attorney 
19General or (ii) a party agrees, in an Assurance of
Voluntary 
20Compliance under this Act, to make payments to the Attorney 
21General
for the operations of the Office of the Attorney 
22General.

23 (e) Moneys paid under any of the conditions described in 
24subsection (d)
shall be deposited into the Attorney General 
25Court Ordered and Voluntary
Compliance Payment Projects Fund, 
26which is created as a special fund in the
State Treasury. 
 
 
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1Moneys in the Fund shall be used, subject to appropriation,

2for the performance of any function pertaining to the exercise 
3of the duties of
the Attorney General including but not 
4limited to enforcement of any law of
this State and conducting 
5public education programs; however, any moneys in the
Fund 
6that are required by the court or by an agreement to be used 
7for a
particular purpose shall be used for that purpose.

8(Source: P.A. 93-246, eff. 7-22-03.)


9
ARTICLE 25.  FINANCE-SPECIAL FUNDS REPEAL



10 (20 ILCS 690/Act rep.)

11 Section 25-5. The Rural Diversification Act is repealed.


12 (20 ILCS 1305/10-20 rep.)

13 Section 25-10. The Department of Human Services Act is 
14amended by repealing Section 10-20.


15 (20 ILCS 2310/2310-370 rep.)

16 Section 25-15. The Department of Public Health Powers and 
17Duties Law of the
Civil Administrative Code of Illinois is 
18amended by repealing Section 2310-370.

19 (20 ILCS 2705/2705-610 rep.)
20 Section 25-20. The Department of Transportation Law of the

21Civil Administrative Code of Illinois is amended by repealing 
 
 
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1Section 2705-610.


2 (20 ILCS 3930/9.2 rep.)

3 Section 25-25. The Illinois Criminal Justice Information 
4Act is amended by repealing Section 9.2.


5 (30 ILCS 105/5.216 rep.)


6 (30 ILCS 105/5.480 rep.)


7 (30 ILCS 105/5.502 rep.)


8 (30 ILCS 105/5.524 rep.)


9 (30 ILCS 105/5.578 rep.)

10 (30 ILCS 105/5.638 rep.)

11 (30 ILCS 105/5.655 rep.)

12 (30 ILCS 105/5.662 rep.)

13 (30 ILCS 105/5.718 rep.)
14 (30 ILCS 105/5.732 rep.)
15 (30 ILCS 105/5.838 rep.)
16 (30 ILCS 105/5.917 rep.)

17 (30 ILCS 105/5.923 rep.)

18 (30 ILCS 105/5.925 rep.)


19 (30 ILCS 105/6y rep.)

20 (30 ILCS 105/6z-68 rep.)
21 (30 ILCS 105/6z-71 rep.)

22 (30 ILCS 105/8.8b rep.)


23 (30 ILCS 105/8.23 rep.)


24 (30 ILCS 105/8.25b rep.)


 
 
10200HB5186sam005- 179 -LRB102 24774 SPS 38881 a


1 (30 ILCS 105/8.25d rep.)


2 (30 ILCS 105/8.41 rep.)


3 (30 ILCS 105/8.42 rep.)

4 (30 ILCS 105/8.43 rep.)
5 (30 ILCS 105/8.44 rep.)
6 (30 ILCS 105/8.45 rep.)
7 (30 ILCS 105/8.46 rep.)
8 (30 ILCS 105/8.47 rep.)
9 (30 ILCS 105/8.48 rep.)
10 (30 ILCS 105/8.49 rep.)
11 (30 ILCS 105/8.50 rep.)
12 (30 ILCS 105/8.52 rep.)
13 (30 ILCS 105/8.55 rep.)

14 (30 ILCS 105/8d rep.)


15 (30 ILCS 105/8e rep.)

16 (30 ILCS 105/8h rep.)


17 (30 ILCS 105/8i rep.)

18 (30 ILCS 105/8m rep.)
19 (30 ILCS 105/8n rep.)
20 (30 ILCS 105/8o rep.)
21 (30 ILCS 105/9.07 rep.)
22 (30 ILCS 105/8r rep.)
23 (30 ILCS 105/14.2 rep.)
24 (30 ILCS 105/24.12 rep.)
25 (30 ILCS 105/24.13 rep.)
26 (30 ILCS 105/25.2 rep.)
 
 
10200HB5186sam005- 180 -LRB102 24774 SPS 38881 a


1 (30 ILCS 105/25.5 rep.)
2 Section 25-30. The State Finance Act is amended by 
3repealing Sections 5.216, 5.480, 5.502, 5.524, 5.578, 5.638, 
45.655, 5.662, 5.718, 5.732, 5.838, 5.917, 5.923, 5.925, 6y, 
56z-68, 6z-71, 8.8b, 8.23, 8.25b, 8.25d, 8.41, 8.42, 8.43, 
68.44, 8.45, 8.46, 8.47, 8.48, 8.49, 8.50, 8.52, 8.55, 8d, 8e, 
78h, 8i, 8m, 8n, 8o, 9.07, 8r, 14.2, 24.12, 24.13, 25.2, and 
825.5.

9 (30 ILCS 605/8.2 rep.)
10 Section 25-35. The State Property Control Act is amended 
11by repealing Section 8.2.

12 (30 ILCS 750/Art. 3 rep.)
13 Section 25-40. The Build Illinois Act is amended by 
14repealing Article 3.


15 (415 ILCS 85/7 rep.)

16 Section 25-45. The Toxic Pollution Prevention Act is 
17amended by repealing Section 7.

18 (430 ILCS 65/5.1 rep.)
19 Section 25-50. The Firearm Owners Identification Card Act 
20is amended by repealing Section 5.1.

21
ARTICLE 30.  COMMUNITY CARE PROGRAM


 
 
10200HB5186sam005- 181 -LRB102 24774 SPS 38881 a


1 Section 30-5. The Illinois Act on the Aging is amended by 
2changing Section 4.02 as follows:



3 (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)


4 Sec. 4.02. Community Care Program. The Department shall 
5establish a program of services to
prevent unnecessary 
6institutionalization of persons age 60 and older in
need of 
7long term care or who are established as persons who suffer 
8from
Alzheimer's disease or a related disorder under the 
9Alzheimer's Disease
Assistance Act, thereby enabling them
to 
10remain in their own homes or in other living arrangements. 
11Such
preventive services, which may be coordinated with other 
12programs for the
aged and monitored by area agencies on aging 
13in cooperation with the
Department, may include, but are not 
14limited to, any or all of the following:

15  (a) (blank);

16  (b) (blank);

17  (c) home care aide services;

18  (d) personal assistant services;

19  (e) adult day services;

20  (f) home-delivered meals;

21  (g) education in self-care;

22  (h) personal care services;

23  (i) adult day health services;

24  (j) habilitation services;

 
 
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1  (k) respite care;

2  (k-5) community reintegration services;

3  (k-6) flexible senior services;
4  (k-7) medication management;
5  (k-8) emergency home response;

6  (l) other nonmedical social services that may enable 
7 the person
to become self-supporting; or

8  (m) clearinghouse for information provided by senior 
9 citizen home owners
who want to rent rooms to or share 
10 living space with other senior citizens.

11 The Department shall establish eligibility standards for 
12such
services. In determining the amount and nature of 
13services
for which a person may qualify, consideration shall 
14not be given to the
value of cash, property or other assets 
15held in the name of the person's
spouse pursuant to a written 
16agreement dividing marital property into equal
but separate 
17shares or pursuant to a transfer of the person's interest in a

18home to his spouse, provided that the spouse's share of the 
19marital
property is not made available to the person seeking 
20such services.

21 Beginning January 1, 2008, the Department shall require as 
22a condition of eligibility that all new financially eligible 
23applicants apply for and enroll in medical assistance under 
24Article V of the Illinois Public Aid Code in accordance with 
25rules promulgated by the Department.

26 The Department shall, in conjunction with the Department 
 
 
10200HB5186sam005- 183 -LRB102 24774 SPS 38881 a


1of Public Aid (now Department of Healthcare and Family 
2Services),
seek appropriate amendments under Sections 1915 and 
31924 of the Social
Security Act. The purpose of the amendments 
4shall be to extend eligibility
for home and community based 
5services under Sections 1915 and 1924 of the
Social Security 
6Act to persons who transfer to or for the benefit of a
spouse 
7those amounts of income and resources allowed under Section 
81924 of
the Social Security Act. Subject to the approval of 
9such amendments, the
Department shall extend the provisions of 
10Section 5-4 of the Illinois
Public Aid Code to persons who, but 
11for the provision of home or
community-based services, would 
12require the level of care provided in an
institution, as is 
13provided for in federal law. Those persons no longer
found to 
14be eligible for receiving noninstitutional services due to 
15changes
in the eligibility criteria shall be given 45 days 
16notice prior to actual
termination. Those persons receiving 
17notice of termination may contact the
Department and request 
18the determination be appealed at any time during the
45 day 
19notice period. The target
population identified for the 
20purposes of this Section are persons age 60
and older with an 
21identified service need. Priority shall be given to those
who 
22are at imminent risk of institutionalization. The services 
23shall be
provided to eligible persons age 60 and older to the 
24extent that the cost
of the services together with the other 
25personal maintenance
expenses of the persons are reasonably 
26related to the standards
established for care in a group 
 
 
10200HB5186sam005- 184 -LRB102 24774 SPS 38881 a


1facility appropriate to the person's
condition. These 
2non-institutional services, pilot projects or
experimental 
3facilities may be provided as part of or in addition to
those 
4authorized by federal law or those funded and administered by 
5the
Department of Human Services. The Departments of Human 
6Services, Healthcare and Family Services,
Public Health, 
7Veterans' Affairs, and Commerce and Economic Opportunity and

8other appropriate agencies of State, federal and local 
9governments shall
cooperate with the Department on Aging in 
10the establishment and development
of the non-institutional 
11services. The Department shall require an annual
audit from 
12all personal assistant
and home care aide vendors contracting 
13with
the Department under this Section. The annual audit shall 
14assure that each
audited vendor's procedures are in compliance 
15with Department's financial
reporting guidelines requiring an 
16administrative and employee wage and benefits cost split as 
17defined in administrative rules. The audit is a public record 
18under
the Freedom of Information Act. The Department shall 
19execute, relative to
the nursing home prescreening project, 
20written inter-agency
agreements with the Department of Human 
21Services and the Department
of Healthcare and Family Services, 
22to effect the following: (1) intake procedures and common

23eligibility criteria for those persons who are receiving 
24non-institutional
services; and (2) the establishment and 
25development of non-institutional
services in areas of the 
26State where they are not currently available or are

 
 
10200HB5186sam005- 185 -LRB102 24774 SPS 38881 a


1undeveloped. On and after July 1, 1996, all nursing home 
2prescreenings for
individuals 60 years of age or older shall 
3be conducted by the Department.

4 As part of the Department on Aging's routine training of 
5case managers and case manager supervisors, the Department may 
6include information on family futures planning for persons who 
7are age 60 or older and who are caregivers of their adult 
8children with developmental disabilities. The content of the 
9training shall be at the Department's discretion.
10 The Department is authorized to establish a system of 
11recipient copayment
for services provided under this Section, 
12such copayment to be based upon
the recipient's ability to pay 
13but in no case to exceed the actual cost of
the services 
14provided. Additionally, any portion of a person's income which

15is equal to or less than the federal poverty standard shall not 
16be
considered by the Department in determining the copayment. 
17The level of
such copayment shall be adjusted whenever 
18necessary to reflect any change
in the officially designated 
19federal poverty standard.

20 The Department, or the Department's authorized 
21representative, may
recover the amount of moneys expended for 
22services provided to or in
behalf of a person under this 
23Section by a claim against the person's
estate or against the 
24estate of the person's surviving spouse, but no
recovery may 
25be had until after the death of the surviving spouse, if
any, 
26and then only at such time when there is no surviving child who

 
 
10200HB5186sam005- 186 -LRB102 24774 SPS 38881 a


1is under age 21 or blind or who has a permanent and total 
2disability. This
paragraph, however, shall not bar recovery, 
3at the death of the person, of
moneys for services provided to 
4the person or in behalf of the person under
this Section to 
5which the person was not entitled;
provided that such recovery 
6shall not be enforced against any real estate while
it is 
7occupied as a homestead by the surviving spouse or other 
8dependent, if no
claims by other creditors have been filed 
9against the estate, or, if such
claims have been filed, they 
10remain dormant for failure of prosecution or
failure of the 
11claimant to compel administration of the estate for the 
12purpose
of payment. This paragraph shall not bar recovery from 
13the estate of a spouse,
under Sections 1915 and 1924 of the 
14Social Security Act and Section 5-4 of the
Illinois Public Aid 
15Code, who precedes a person receiving services under this

16Section in death. All moneys for services
paid to or in behalf 
17of the person under this Section shall be claimed for
recovery 
18from the deceased spouse's estate. "Homestead", as used
in 
19this paragraph, means the dwelling house and
contiguous real 
20estate occupied by a surviving spouse
or relative, as defined 
21by the rules and regulations of the Department of Healthcare 
22and Family Services, regardless of the value of the property.

23 The Department shall increase the effectiveness of the 
24existing Community Care Program by:
25  (1) ensuring that in-home services included in the 
26 care plan are available on evenings and weekends;
 
 
10200HB5186sam005- 187 -LRB102 24774 SPS 38881 a


1  (2) ensuring that care plans contain the services that 
2 eligible participants
need based on the number of days in 
3 a month, not limited to specific blocks of time, as 
4 identified by the comprehensive assessment tool selected 
5 by the Department for use statewide, not to exceed the 
6 total monthly service cost maximum allowed for each 
7 service; the Department shall develop administrative rules 
8 to implement this item (2);
9  (3) ensuring that the participants have the right to 
10 choose the services contained in their care plan and to 
11 direct how those services are provided, based on 
12 administrative rules established by the Department;
13  (4) ensuring that the determination of need tool is 
14 accurate in determining the participants' level of need; 
15 to achieve this, the Department, in conjunction with the 
16 Older Adult Services Advisory Committee, shall institute a 
17 study of the relationship between the Determination of 
18 Need scores, level of need, service cost maximums, and the 
19 development and utilization of service plans no later than 
20 May 1, 2008; findings and recommendations shall be 
21 presented to the Governor and the General Assembly no 
22 later than January 1, 2009; recommendations shall include 
23 all needed changes to the service cost maximums schedule 
24 and additional covered services;
25  (5) ensuring that homemakers can provide personal care 
26 services that may or may not involve contact with clients, 
 
 
10200HB5186sam005- 188 -LRB102 24774 SPS 38881 a


1 including but not limited to:
2   (A) bathing;
3   (B) grooming;
4   (C) toileting;
5   (D) nail care;
6   (E) transferring;
7   (F) respiratory services;
8   (G) exercise; or
9   (H) positioning;
10  (6) ensuring that homemaker program vendors are not 
11 restricted from hiring homemakers who are family members 
12 of clients or recommended by clients; the Department may 
13 not, by rule or policy, require homemakers who are family 
14 members of clients or recommended by clients to accept 
15 assignments in homes other than the client;
16  (7) ensuring that the State may access maximum federal 
17 matching funds by seeking approval for the Centers for 
18 Medicare and Medicaid Services for modifications to the 
19 State's home and community based services waiver and 
20 additional waiver opportunities, including applying for 
21 enrollment in the Balance Incentive Payment Program by May 
22 1, 2013, in order to maximize federal matching funds; this 
23 shall include, but not be limited to, modification that 
24 reflects all changes in the Community Care Program 
25 services and all increases in the services cost maximum;
26  (8) ensuring that the determination of need tool 
 
 
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1 accurately reflects the service needs of individuals with 
2 Alzheimer's disease and related dementia disorders; 
3  (9) ensuring that services are authorized accurately 
4 and consistently for the Community Care Program (CCP); the 
5 Department shall implement a Service Authorization policy 
6 directive; the purpose shall be to ensure that eligibility 
7 and services are authorized accurately and consistently in 
8 the CCP program; the policy directive shall clarify 
9 service authorization guidelines to Care Coordination 
10 Units and Community Care Program providers no later than 
11 May 1, 2013;
12  (10) working in conjunction with Care Coordination 
13 Units, the Department of Healthcare and Family Services, 
14 the Department of Human Services, Community Care Program 
15 providers, and other stakeholders to make improvements to 
16 the Medicaid claiming processes and the Medicaid 
17 enrollment procedures or requirements as needed, 
18 including, but not limited to, specific policy changes or 
19 rules to improve the up-front enrollment of participants 
20 in the Medicaid program and specific policy changes or 
21 rules to insure more prompt submission of bills to the 
22 federal government to secure maximum federal matching 
23 dollars as promptly as possible; the Department on Aging 
24 shall have at least 3 meetings with stakeholders by 
25 January 1, 2014 in order to address these improvements;
26  (11) requiring home care service providers to comply 
 
 
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1 with the rounding of hours worked provisions under the 
2 federal Fair Labor Standards Act (FLSA) and as set forth 
3 in 29 CFR 785.48(b) by May 1, 2013;
4  (12) implementing any necessary policy changes or 
5 promulgating any rules, no later than January 1, 2014, to 
6 assist the Department of Healthcare and Family Services in 
7 moving as many participants as possible, consistent with 
8 federal regulations, into coordinated care plans if a care 
9 coordination plan that covers long term care is available 
10 in the recipient's area; and 
11  (13) maintaining fiscal year 2014 rates at the same 
12 level established on January 1, 2013. 
13 By January 1, 2009 or as soon after the end of the Cash and 
14Counseling Demonstration Project as is practicable, the 
15Department may, based on its evaluation of the demonstration 
16project, promulgate rules concerning personal assistant 
17services, to include, but need not be limited to, 
18qualifications, employment screening, rights under fair labor 
19standards, training, fiduciary agent, and supervision 
20requirements. All applicants shall be subject to the 
21provisions of the Health Care Worker Background Check Act.

22 The Department shall develop procedures to enhance 
23availability of
services on evenings, weekends, and on an 
24emergency basis to meet the
respite needs of caregivers. 
25Procedures shall be developed to permit the
utilization of 
26services in successive blocks of 24 hours up to the monthly

 
 
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1maximum established by the Department. Workers providing these 
2services
shall be appropriately trained.

3 Beginning on the effective date of this amendatory Act of 
41991, no person
may perform chore/housekeeping and home care 
5aide services under a program
authorized by this Section 
6unless that person has been issued a certificate
of 
7pre-service to do so by his or her employing agency. 
8Information
gathered to effect such certification shall 
9include (i) the person's name,
(ii) the date the person was 
10hired by his or her current employer, and
(iii) the training, 
11including dates and levels. Persons engaged in the
program 
12authorized by this Section before the effective date of this

13amendatory Act of 1991 shall be issued a certificate of all 
14pre- and
in-service training from his or her employer upon 
15submitting the necessary
information. The employing agency 
16shall be required to retain records of
all staff pre- and 
17in-service training, and shall provide such records to
the 
18Department upon request and upon termination of the employer's 
19contract
with the Department. In addition, the employing 
20agency is responsible for
the issuance of certifications of 
21in-service training completed to their
employees.

22 The Department is required to develop a system to ensure 
23that persons
working as home care aides and personal 
24assistants
receive increases in their
wages when the federal 
25minimum wage is increased by requiring vendors to
certify that 
26they are meeting the federal minimum wage statute for home 
 
 
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1care aides
and personal assistants. An employer that cannot 
2ensure that the minimum
wage increase is being given to home 
3care aides and personal assistants
shall be denied any 
4increase in reimbursement costs.

5 The Community Care Program Advisory Committee is created 
6in the Department on Aging. The Director shall appoint 
7individuals to serve in the Committee, who shall serve at 
8their own expense. Members of the Committee must abide by all 
9applicable ethics laws. The Committee shall advise the 
10Department on issues related to the Department's program of 
11services to prevent unnecessary institutionalization. The 
12Committee shall meet on a bi-monthly basis and shall serve to 
13identify and advise the Department on present and potential 
14issues affecting the service delivery network, the program's 
15clients, and the Department and to recommend solution 
16strategies. Persons appointed to the Committee shall be 
17appointed on, but not limited to, their own and their agency's 
18experience with the program, geographic representation, and 
19willingness to serve. The Director shall appoint members to 
20the Committee to represent provider, advocacy, policy 
21research, and other constituencies committed to the delivery 
22of high quality home and community-based services to older 
23adults. Representatives shall be appointed to ensure 
24representation from community care providers including, but 
25not limited to, adult day service providers, homemaker 
26providers, case coordination and case management units, 
 
 
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1emergency home response providers, statewide trade or labor 
2unions that represent home care
aides and direct care staff, 
3area agencies on aging, adults over age 60, membership 
4organizations representing older adults, and other 
5organizational entities, providers of care, or individuals 
6with demonstrated interest and expertise in the field of home 
7and community care as determined by the Director.
8 Nominations may be presented from any agency or State 
9association with interest in the program. The Director, or his 
10or her designee, shall serve as the permanent co-chair of the 
11advisory committee. One other co-chair shall be nominated and 
12approved by the members of the committee on an annual basis. 
13Committee members' terms of appointment shall be for 4 years 
14with one-quarter of the appointees' terms expiring each year. 
15A member shall continue to serve until his or her replacement 
16is named. The Department shall fill vacancies that have a 
17remaining term of over one year, and this replacement shall 
18occur through the annual replacement of expiring terms. The 
19Director shall designate Department staff to provide technical 
20assistance and staff support to the committee. Department 
21representation shall not constitute membership of the 
22committee. All Committee papers, issues, recommendations, 
23reports, and meeting memoranda are advisory only. The 
24Director, or his or her designee, shall make a written report, 
25as requested by the Committee, regarding issues before the 
26Committee.

 
 
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1 The Department on Aging and the Department of Human 
2Services
shall cooperate in the development and submission of 
3an annual report on
programs and services provided under this 
4Section. Such joint report
shall be filed with the Governor 
5and the General Assembly on or before
September 30 each year.

6 The requirement for reporting to the General Assembly 
7shall be satisfied
by filing copies of the report
as required 
8by Section 3.1 of the General Assembly Organization Act and

9filing such additional copies with the State Government Report 
10Distribution
Center for the General Assembly as is required 
11under paragraph (t) of
Section 7 of the State Library Act.

12 Those persons previously found eligible for receiving 
13non-institutional
services whose services were discontinued 
14under the Emergency Budget Act of
Fiscal Year 1992, and who do 
15not meet the eligibility standards in effect
on or after July 
161, 1992, shall remain ineligible on and after July 1,
1992. 
17Those persons previously not required to cost-share and who 
18were
required to cost-share effective March 1, 1992, shall 
19continue to meet
cost-share requirements on and after July 1, 
201992. Beginning July 1, 1992,
all clients will be required to 
21meet
eligibility, cost-share, and other requirements and will 
22have services
discontinued or altered when they fail to meet 
23these requirements.
24 For the purposes of this Section, "flexible senior 
25services" refers to services that require one-time or periodic 
26expenditures including, but not limited to, respite care, home 
 
 
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1modification, assistive technology, housing assistance, and 
2transportation.

3 The Department shall implement an electronic service 
4verification based on global positioning systems or other 
5cost-effective technology for the Community Care Program no 
6later than January 1, 2014. 
7 The Department shall require, as a condition of 
8eligibility, enrollment in the medical assistance program 
9under Article V of the Illinois Public Aid Code (i) beginning 
10August 1, 2013, if the Auditor General has reported that the 
11Department has failed
to comply with the reporting 
12requirements of Section 2-27 of
the Illinois State Auditing 
13Act; or (ii) beginning June 1, 2014, if the Auditor General has 
14reported that the
Department has not undertaken the required 
15actions listed in
the report required by subsection (a) of 
16Section 2-27 of the
Illinois State Auditing Act. 
17 The Department shall delay Community Care Program services 
18until an applicant is determined eligible for medical 
19assistance under Article V of the Illinois Public Aid Code (i) 
20beginning August 1, 2013, if the Auditor General has reported 
21that the Department has failed
to comply with the reporting 
22requirements of Section 2-27 of
the Illinois State Auditing 
23Act; or (ii) beginning June 1, 2014, if the Auditor General has 
24reported that the
Department has not undertaken the required 
25actions listed in
the report required by subsection (a) of 
26Section 2-27 of the
Illinois State Auditing Act. 
 
 
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1 The Department shall implement co-payments for the 
2Community Care Program at the federally allowable maximum 
3level (i) beginning August 1, 2013, if the Auditor General has 
4reported that the Department has failed
to comply with the 
5reporting requirements of Section 2-27 of
the Illinois State 
6Auditing Act; or (ii) beginning June 1, 2014, if the Auditor 
7General has reported that the
Department has not undertaken 
8the required actions listed in
the report required by 
9subsection (a) of Section 2-27 of the
Illinois State Auditing 
10Act. 
11 The Department shall continue to provide other Community 
12Care Program reports as required by statute. 
13 The Department shall provide a bi-monthly report on the 
14progress of the Community Care Program reforms set forth in 
15this amendatory Act of the 98th General Assembly to the 
16Governor, the Speaker of the House of Representatives, the 
17Minority Leader of the House of Representatives, the
President 
18of the
Senate, and the Minority Leader of the Senate. 
19 The Department shall conduct a quarterly review of Care 
20Coordination Unit performance and adherence to service 
21guidelines. The quarterly review shall be reported to the 
22Speaker of the House of Representatives, the Minority Leader 
23of the House of Representatives, the
President of the
Senate, 
24and the Minority Leader of the Senate. The Department shall 
25collect and report longitudinal data on the performance of 
26each care coordination unit. Nothing in this paragraph shall 
 
 
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1be construed to require the Department to identify specific 
2care coordination units. 
3 In regard to community care providers, failure to comply 
4with Department on Aging policies shall be cause for 
5disciplinary action, including, but not limited to, 
6disqualification from serving Community Care Program clients. 
7Each provider, upon submission of any bill or invoice to the 
8Department for payment for services rendered, shall include a 
9notarized statement, under penalty of perjury pursuant to 
10Section 1-109 of the Code of Civil Procedure, that the 
11provider has complied with all Department policies. 
12 The Director of the Department on Aging shall make 
13information available to the State Board of Elections as may 
14be required by an agreement the State Board of Elections has 
15entered into with a multi-state voter registration list 
16maintenance system. 
17 Within 30 days after July 6, 2017 (the effective date of 
18Public Act 100-23), rates shall be increased to $18.29 per 
19hour, for the purpose of increasing, by at least $.72 per hour, 
20the wages paid by those vendors to their employees who provide 
21homemaker services. The Department shall pay an enhanced rate 
22under the Community Care Program to those in-home service 
23provider agencies that offer health insurance coverage as a 
24benefit to their direct service worker employees consistent 
25with the mandates of Public Act 95-713. For State fiscal years 
262018 and 2019, the enhanced rate shall be $1.77 per hour. The 
 
 
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1rate shall be adjusted using actuarial analysis based on the 
2cost of care, but shall not be set below $1.77 per hour. The 
3Department shall adopt rules, including emergency rules under 
4subsections (y) and (bb) of Section 5-45 of the Illinois 
5Administrative Procedure Act, to implement the provisions of 
6this paragraph. 
7 The General Assembly finds it necessary to authorize an 
8aggressive Medicaid enrollment initiative designed to maximize 
9federal Medicaid funding for the Community Care Program which 
10produces significant savings for the State of Illinois. The 
11Department on Aging shall establish and implement a Community 
12Care Program Medicaid Initiative. Under the Initiative, the

13Department on Aging shall, at a minimum: (i) provide an 
14enhanced rate to adequately compensate care coordination units 
15to enroll eligible Community Care Program clients into 
16Medicaid; (ii) use recommendations from a stakeholder 
17committee on how best to implement the Initiative; and (iii) 
18establish requirements for State agencies to make enrollment 
19in the State's Medical Assistance program easier for seniors. 
20 The Community Care Program Medicaid Enrollment Oversight 
21Subcommittee is created as a subcommittee of the Older Adult 
22Services Advisory Committee established in Section 35 of the 
23Older Adult Services Act to make recommendations on how best 
24to increase the number of medical assistance recipients who 
25are enrolled in the Community Care Program. The Subcommittee 
26shall consist of all of the following persons who must be 
 
 
10200HB5186sam005- 199 -LRB102 24774 SPS 38881 a


1appointed within 30 days after the effective date of this 
2amendatory Act of the 100th General Assembly: 
3  (1) The Director of Aging, or his or her designee, who 
4 shall serve as the chairperson of the Subcommittee. 
5  (2) One representative of the Department of Healthcare 
6 and Family Services, appointed by the Director of 
7 Healthcare and Family Services. 
8  (3) One representative of the Department of Human 
9 Services, appointed by the Secretary of Human Services. 
10  (4) One individual representing a care coordination 
11 unit, appointed by the Director of Aging. 
12  (5) One individual from a non-governmental statewide 
13 organization that advocates for seniors, appointed by the 
14 Director of Aging. 
15  (6) One individual representing Area Agencies on 
16 Aging, appointed by the Director of Aging. 
17  (7) One individual from a statewide association 
18 dedicated to Alzheimer's care, support, and research, 
19 appointed by the Director of Aging. 
20  (8) One individual from an organization that employs 
21 persons who provide services under the Community Care 
22 Program, appointed by the Director of Aging. 
23  (9) One member of a trade or labor union representing 
24 persons who provide services under the Community Care 
25 Program, appointed by the Director of Aging. 
26  (10) One member of the Senate, who shall serve as 
 
 
10200HB5186sam005- 200 -LRB102 24774 SPS 38881 a


1 co-chairperson, appointed by the President of the Senate. 
2  (11) One member of the Senate, who shall serve as 
3 co-chairperson, appointed by the Minority Leader of the 
4 Senate. 
5  (12) One member of the House of
Representatives, who 
6 shall serve as co-chairperson, appointed by the Speaker of 
7 the House of Representatives. 
8  (13) One member of the House of Representatives, who 
9 shall serve as co-chairperson, appointed by the Minority 
10 Leader of the House of Representatives. 
11  (14) One individual appointed by a labor organization 
12 representing frontline employees at the Department of 
13 Human Services. 
14 The Subcommittee shall provide oversight to the Community 
15Care Program Medicaid Initiative and shall meet quarterly. At 
16each Subcommittee meeting the Department on Aging shall 
17provide the following data sets to the Subcommittee: (A) the 
18number of Illinois residents, categorized by planning and 
19service area, who are receiving services under the Community 
20Care Program and are enrolled in the State's Medical 
21Assistance Program; (B) the number of Illinois residents, 
22categorized by planning and service area, who are receiving 
23services under the Community Care Program, but are not 
24enrolled in the State's Medical Assistance Program; and (C) 
25the number of Illinois residents, categorized by planning and 
26service area, who are receiving services under the Community 
 
 
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1Care Program and are eligible for benefits under the State's 
2Medical Assistance Program, but are not enrolled in the 
3State's Medical Assistance Program. In addition to this data, 
4the Department on Aging shall provide the Subcommittee with 
5plans on how the Department on Aging will reduce the number of 
6Illinois residents who are not enrolled in the State's Medical 
7Assistance Program but who are eligible for medical assistance 
8benefits. The Department on Aging shall enroll in the State's 
9Medical Assistance Program those Illinois residents who 
10receive services under the Community Care Program and are 
11eligible for medical assistance benefits but are not enrolled 
12in the State's Medicaid Assistance Program. The data provided 
13to the Subcommittee shall be made available to the public via 
14the Department on Aging's website. 
15 The Department on Aging, with the involvement of the 
16Subcommittee, shall collaborate with the Department of Human 
17Services and the Department of Healthcare and Family Services 
18on how best to achieve the responsibilities of the Community 
19Care Program Medicaid Initiative. 
20 The Department on Aging, the Department of Human Services, 
21and the Department of Healthcare and Family Services shall 
22coordinate and implement a streamlined process for seniors to 
23access benefits under the State's Medical Assistance Program. 
24 The Subcommittee shall collaborate with the Department of 
25Human Services on the adoption of a uniform application 
26submission process. The Department of Human Services and any 
 
 
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1other State agency involved with processing the medical 
2assistance application of any person enrolled in the Community 
3Care Program shall include the appropriate care coordination 
4unit in all communications related to the determination or 
5status of the application. 
6 The Community Care Program Medicaid Initiative shall 
7provide targeted funding to care coordination units to help 
8seniors complete their applications for medical assistance 
9benefits. On and after July 1, 2019, care coordination units 
10shall receive no less than $200 per completed application, 
11which rate may be included in a bundled rate for initial intake 
12services when Medicaid application assistance is provided in 
13conjunction with the initial intake process for new program 
14participants.
15 The Community Care Program Medicaid Initiative shall cease 
16operation 5 years after the effective date of this amendatory 
17Act of the 100th General Assembly, after which the 
18Subcommittee shall dissolve. 
19(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; 
20100-1148, eff. 12-10-18; 101-10, eff. 6-5-19.)

21
ARTICLE 35.  OCCUPATIONAL STANDARDS


22 Section 35-5. The Employee Washroom Act is amended by 
23adding Section 0.05 as follows:

 
 
10200HB5186sam005- 203 -LRB102 24774 SPS 38881 a


1 (820 ILCS 230/0.05 new)
2 Sec. 0.05. Federal regulations; operation of Act.
3 (a) Except as provided in subsection (b), Sections 1 
4through 5 of this Act are inoperative on and after the 
5effective date of this amendatory Act of the 102nd General 
6Assembly.
7 (b) If at any time the Occupational Safety and Health 
8standard at 29 CFR 1910.141 is repealed or revoked, the 
9Director of Labor shall adopt a rule setting forth a 
10determination that this Act should be reviewed and reinstated 
11in order to protect the health and safety of Illinois' 
12workers. On the date such a rule is adopted, this Act shall 
13again become operative.

14 Section 35-10. The Work Under Compressed Air Act is 
15amended by adding Section 1.5 as follows:

16 (820 ILCS 245/1.5 new)
17 Sec. 1.5. Federal regulations; operation of Act.
18 (a) Except as provided in subsection (b), Sections 1 
19through 6 of this Act are inoperative on and after the 
20effective date of this amendatory Act of the 102nd General 
21Assembly.
22 (b) If at any time the Safety and Health Regulations for 
23Construction standards at 29 CFR 1926.800 through 29 CFR 
241926.804 are repealed or revoked, the Director of Labor shall 
 
 
10200HB5186sam005- 204 -LRB102 24774 SPS 38881 a


1adopt a rule setting forth a determination that this Act 
2should be reviewed and reinstated, in whole or in part, in 
3order to protect the health and safety of Illinois' workers. 
4On the date such a rule is adopted, this Act shall again become 
5operative.

6 Section 35-15. The Underground Sewer Employee Safety Act 
7is amended by changing Section 1 and by adding Section 0.05 as 
8follows:

9 (820 ILCS 250/0.05 new)
10 Sec. 0.05. Federal regulations; operation of Act.
11 (a) Except as provided in subsection (b), Sections 1 
12through 6 of this Act are inoperative on and after the 
13effective date of this amendatory Act of the 102nd General 
14Assembly.
15 (b) If at any time the Occupational Safety and Health 
16standards at 29 CFR 1910.120, 29 CFR 1910.146 or the Safety and 
17Health Regulations for Construction standards 29 CFR 1926.1201 
18through 29 CFR 1926.1213 are repealed or revoked, the Director 
19of Labor shall adopt a rule setting forth a determination that 
20this Act should be reviewed and reinstated, in whole or in 
21part, in order to protect the health and safety of Illinois' 
22workers. On the date such a rule is adopted, this Act shall 
23again become operative.




 
 
10200HB5186sam005- 205 -LRB102 24774 SPS 38881 a


1 (820 ILCS 250/1) (from Ch. 48, par. 1101)



2 Sec. 1. 
This Act shall apply to all employers engaged in 
3any occupation,
business or enterprise in this State, 
4including the State of Illinois and
its political 
5subdivisions, except that in the event of a conflict between

6this Act and any other Federal or State law or regulation 
7concerning health
and safety of employees, such other law or 
8regulation shall control.

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


10 Section 35-20. The Toxic Substances Disclosure to 
11Employees Act is amended by changing Section 1.5 as follows:

12 (820 ILCS 255/1.5)
13 Sec. 1.5. Federal regulations; operation of Act.
14 (a) Except as provided in subsection (b), Sections 2 
15through 17 of this Act are inoperative on and after the 
16effective date of this amendatory Act of the 102nd 95th 
17General Assembly, and the Department of Labor shall instead 
18enforce the Occupational Safety and Health Administration 
19Hazard Communication standards at 29 CFR 1910.1200, as 
20amended.

21 (b) If at any time the Occupational Safety and Health 
22Administration Hazard Communication standard at 29 CFR 
231910.1200 is repealed or revoked, the Director of Labor shall 
24adopt a rule setting forth a determination that this Act 
 
 
10200HB5186sam005- 206 -LRB102 24774 SPS 38881 a


1should be reviewed and reinstated in order to protect the 
2health and safety of Illinois' public sector workers. On the 
3date such a rule is adopted, this Act shall again become 
4operative.

5(Source: P.A. 95-623, eff. 9-17-07.)

6
ARTICLE 40.  HEALTH CARE


7 (110 ILCS 330/8a rep.)
8 Section 40-5. The University of Illinois Hospital Act is 
9amended by repealing Section 8a.


10 (110 ILCS 340/Act rep.)

11 Section 40-10. The University of Illinois Gerontological 
12Committee Act is repealed.

13 (110 ILCS 430/Act rep.) 
14 Section 40-15. The Illinois Health Policy Center Act is 
15repealed.

16 Section 40-20. The Health in All Policies Act is amended 
17by changing Section 10 as follows:

18 (410 ILCS 155/10)

19 Sec. 10. Workgroup. 
20 (a) The University of Illinois at Chicago School of Public 
 
 
10200HB5186sam005- 207 -LRB102 24774 SPS 38881 a


1Health, in consultation with the Department of Public Health, 
2shall convene a workgroup to review legislation and make new 
3policy recommendations relating to the health of residents of 
4the State. 
5 (b) The workgroup shall examine the following:
6  (1) The health of residents of the State, to the 
7 extent necessary to carry out the requirements of this 
8 Act.
9  (2) Ways for units of local government and State 
10 agencies to collaborate in implementing policies that will 
11 positively impact the health of residents of the State.
12  (3) The impact of the following on the health of 
13 residents of the State: 
14   (A) Access to safe and affordable housing. 
15   (B) Educational attainment. 
16   (C) Opportunities for employment. 
17   (D) Economic stability. 
18   (E) Inclusion, diversity, and equity in the 
19 workplace. 
20   (F) Barriers to career success and promotion in 
21 the workplace. 
22   (G) Access to transportation and mobility. 
23   (H) Social justice. 
24   (I) Environmental factors. 
25   (J) Public safety, including the impact of crime, 
26 citizen unrest, the criminal justice system, and 
 
 
10200HB5186sam005- 208 -LRB102 24774 SPS 38881 a


1 governmental policies that affect individuals who are 
2 in prison or released from prison. 
3 (c) The workgroup, using a health in all policies 
4framework, shall perform the following:
5  (1) Review and make recommendations regarding how 
6 health considerations may be incorporated into the 
7 decision-making processes of government agencies and 
8 private stakeholders who interact with government 
9 agencies.
10  (2) Foster collaboration among units of local 
11 government and State agencies.
12  (3) Develop laws and policies to improve health and 
13 reduce health inequities.
14  (4) Make recommendations regarding how to implement 
15 laws and policies to improve health and reduce health 
16 inequities. 
17 (d) The workgroup shall consist of the following members: 
18  (1) The Secretary of Human Services, or the 
19 Secretary's designee. 
20  (2) The Secretary of Transportation, or the 
21 Secretary's designee. 
22  (3) The Director of the Illinois Environmental 
23 Protection Agency, or the Director's designee. 
24  (4) The Director of Agriculture, or the Director's 
25 designee. 
26  (5) The Director of Labor, or the Director's designee. 
 
 
10200HB5186sam005- 209 -LRB102 24774 SPS 38881 a


1  (6) The Director of Public Health, or the Director's 
2 designee.
3  (7) One representative of a statewide public health 
4 association. 
5  (8) One administrator of a Federally Qualified Health 
6 Center. 
7  (9) One administrator of a public health department 
8 local to the University of Illinois at Chicago.
9  (10) One representative of an association representing 
10 hospitals and health systems.
11  (11) The Director of Healthcare and Family Services, 
12 or the Director's designee.
13  (12) The State Superintendent of Education, or the 
14 Superintendent's designee.
15  (13) The Director of Corrections, or the Director's 
16 designee.
17  (14) The Chair of the Criminal Justice Information 
18 Authority, or the Chair's designee.
19  (15) The Director of Commerce and Economic 
20 Opportunity, or the Director's designee.
21  (16) The Director of Aging, or the Director's 
22 designee.
23  (17) One representative of the Office of the Governor 
24 appointed by the Governor.
25  (18) One representative of a local health department 
26 located in a county with a population of less than 
 
 
10200HB5186sam005- 210 -LRB102 24774 SPS 38881 a


1 3,000,000.
2  (19) One representative of a statewide public health 
3 institute representing multisector public health system 
4 stakeholders.
5  (20) Two representatives of organizations that 
6 represent minority populations in public health.
7  (21) One representative of a statewide organization 
8 representing physicians licensed to practice medicine in 
9 all its branches.
10 (e) To the extent practicable, the members of the 
11workgroup shall reflect the geographic, racial, ethnic, 
12cultural, and gender diversity of the State. 
13 (f) Workgroup members shall serve without compensation.
14 (g) A State agency or entity shall, in a timely manner, 
15provide information in response to requests for information 
16submitted by the workgroup, except where that information is 
17otherwise prohibited from disclosure or dissemination by 
18federal or State law, rules or regulations implementing 
19federal or State law, or a court order.
20 (h) The Department of Public Health shall provide 
21administrative and other support to the workgroup.

22 (i) The workgroup shall meet at least twice a year and at 
23other times as it deems appropriate. The workgroup shall 
24prepare a report that summarizes its work and makes 
25recommendations resulting from its study. On an annual basis, 
26the University of Illinois at Chicago School of Public Health, 
 
 
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1in consultation with the Department of Public Health and 
2members of the workgroup, shall determine a focus area for the 
3report. Focus areas may include, but are not limited to, the 
4areas designated in subsection (b) of Section 10. The 
5workgroup shall submit the report of its findings and 
6recommendations to the General Assembly by December 31, 2022 
72020 and by December 31 of each year thereafter. The annual 
8report and recommendations shall be shared with the Department 
9of Public Health and the State Board of Health and shall be 
10considered in the development of the State Health Improvement 
11Plan every 5 years.

12(Source: P.A. 101-250, eff. 1-1-20.)

13
ARTICLE 45.  ILLINOIS IMMIGRANT IMPACT TASK FORCE REPORT


14 Section 45-5. The Illinois Immigrant Impact Task Force Act 
15is amended by changing Section 5 as follows:

16 (20 ILCS 5156/5)
17 (Section scheduled to be repealed on January 1, 2023)

18 Sec. 5. Illinois Immigrant Impact Task Force.

19 (a) There is hereby established the Illinois Immigrant 
20Impact Task Force.

21 (b) The Task Force shall consist of 27 members appointed 
22as follows:

23  (1) one member appointed by the President of the 
 
 
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1 Senate;

2  (2) one member appointed by the Speaker of the House 
3 of Representatives;

4  (3) one member appointed by the Minority Leader of the 
5 Senate;

6  (4) one member appointed by the Minority Leader of the 
7 House of Representatives;

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

9  (6) one representative of the Governor's Office of 
10 Management and Budget;

11  (7) one representative of the Lieutenant Governor's 
12 Office;

13  (8) the Executive Director of the Illinois Housing 
14 Development Authority or his or her designee;

15  (9) the Secretary of Human Services or his or her 
16 designee;

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

18  (11) the Director of Commerce and Economic Opportunity 
19 or his or her designee;

20  (12) the Director of Children and Family Services or 
21 his or her designee;

22  (13) the Director of Public Health or his or her 
23 designee;

24  (14) the Director of Healthcare and Family Services or 
25 his or her designee;

26  (15) the Director of Human Rights or his or her 
 
 
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1 designee;

2  (16) the Director of Employment Security or his or her 
3 designee;
4  (17) the Director of Juvenile Justice or his or her 
5 designee;
6  (18) the Director of Corrections or his or her 
7 designee;
8  (19) the Executive Director of the Illinois Criminal 
9 Justice Information Authority or his or her designee;
10  (20) the Chairman of the State Board of Education or 
11 his or her designee;
12  (21) the Chairman of the Board of Higher Education or 
13 his or her designee;
14  (22) the Chairman of the Illinois Community College 
15 Board or his or her designee; and
16  (23) five representatives from organizations offering 
17 aid or services to immigrants, appointed by the Governor.
18 (c) The Task Force shall convene as soon as practicable 
19after the effective date of this Act, and shall hold at least 6 
20meetings. Members of the Task Force shall serve without 
21compensation. The Department of Human Services, in 
22consultation with any other State agency relevant to the issue 
23of immigration in this State, shall provide administrative and 
24other support to the Task Force.

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

26  (1) what the State of Illinois is currently doing to 
 
 
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1 proactively help immigrant communities in this State, 
2 including whether such persons are receiving help to 
3 become citizens, receiving help to become business owners, 
4 and receiving aid for educational purposes;

5  (2) what can the State do going forward to improve 
6 relations between the State and immigrant communities in 
7 this State;

8  (3) what is the status of immigrant communities from 
9 urban, suburban, and rural areas of this State, and 
10 whether adequate support and resources have been provided 
11 to these communities;

12  (4) the extent to which immigrants in this State are 
13 being discriminated against;

14  (5) whether the laws specifically intended to benefit 
15 immigrant populations in this State are actually having a 
16 beneficial effect;
17  (6) the practices and procedures of the federal 
18 Immigration and Customs Enforcement agency within this 
19 State;
20  (7) the use and condition of detention centers in this 
21 State;
22  (8) all contracts in Illinois entered into with United 
23 States Immigration and Customs Enforcement, including 
24 contracts with private detention centers, the Illinois 
25 State Police, and the Secretary of State's Office, 
26 Division of Motor Vehicles;
 
 
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1  (9) the impact of the COVID-19 pandemic on immigrant 
2 communities, including health impact rates,
employment 
3 rates, housing, small businesses, and community 
4 development;
5  (10) the disbursement of funds received by different 
6 agencies that went to immigrant
communities;
7  (11) language access programs and their impact on 
8 helping immigrant communities better
interact with State 
9 agencies, and whether existing language access programs 
10 are effective in helping immigrant communities interact 
11 with the State. The Task Force shall also examine whether 
12 all
State agencies provide language access for non-English 
13 speakers, and which agencies and
in what regions of the 
14 State is there a lack of language access that creates 
15 barriers for non-English dominant speakers from accessing 
16 support from the State;
17  (12) the extent to which disparities in access to 
18 technology exist in immigrant communities and whether they 
19 lead to educational, financial, and other disadvantages; 
20 and
21  (13) the extent to which State programs intended for 
22 vulnerable populations such as victims of trafficking, 
23 crime, and abuse are being implemented or need to be 
24 implemented.
25 (e) The Task Force shall report its findings and 
26recommendations based upon its examination of issues under 
 
 
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1subsection (d) to the Governor and the General Assembly on or 
2before December 31, 2022 May 31, 2022.

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

4
ARTICLE 99.  EFFECTIVE DATE



5 Section 99-99. Effective date. This Act takes effect upon 
6becoming law.".