Rep. Barbara Flynn Currie

Filed: 11/12/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 129

2    AMENDMENT NO. ______. Amend House Bill 129 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Administrative Procedure Act is
5amended by changing Section 5-140 as follows:
 
6    (5 ILCS 100/5-140)  (from Ch. 127, par. 1005-140)
7    Sec. 5-140. Reports to the General Assembly. The Joint
8Committee shall report its findings, conclusions, and
9recommendations, including suggested legislation, to the
10General Assembly by February 1 of each year.
11    The requirement for reporting to the General Assembly shall
12be satisfied by filing copies of the report with the Speaker,
13the Minority Leader, and the Clerk of the House of
14Representatives, the President, the Minority Leader, and the
15Secretary of the Senate, and the Legislative Research Unit, as
16required by Section 3.1 of the General Assembly Organization

 

 

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1Act, and filing additional copies with the State Government
2Report Distribution Center for the General Assembly as required
3under paragraph (t) of Section 7 of the State Library Act.
4(Source: P.A. 87-823.)
 
5    Section 10. The Election Code is amended by changing
6Section 1A-8 as follows:
 
7    (10 ILCS 5/1A-8)  (from Ch. 46, par. 1A-8)
8    Sec. 1A-8. The State Board of Elections shall exercise the
9following powers and perform the following duties in addition
10to any powers or duties otherwise provided for by law:
11        (1) Assume all duties and responsibilities of the State
12    Electoral Board and the Secretary of State as heretofore
13    provided in this Code;
14        (2) Disseminate information to and consult with
15    election authorities concerning the conduct of elections
16    and registration in accordance with the laws of this State
17    and the laws of the United States;
18        (3) Furnish to each election authority prior to each
19    primary and general election and any other election it
20    deems necessary, a manual of uniform instructions
21    consistent with the provisions of this Code which shall be
22    used by election authorities in the preparation of the
23    official manual of instruction to be used by the judges of
24    election in any such election. In preparing such manual,

 

 

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1    the State Board shall consult with representatives of the
2    election authorities throughout the State. The State Board
3    may provide separate portions of the uniform instructions
4    applicable to different election jurisdictions which
5    administer elections under different options provided by
6    law. The State Board may by regulation require particular
7    portions of the uniform instructions to be included in any
8    official manual of instructions published by election
9    authorities. Any manual of instructions published by any
10    election authority shall be identical with the manual of
11    uniform instructions issued by the Board, but may be
12    adapted by the election authority to accommodate special or
13    unusual local election problems, provided that all manuals
14    published by election authorities must be consistent with
15    the provisions of this Code in all respects and must
16    receive the approval of the State Board of Elections prior
17    to publication; provided further that if the State Board
18    does not approve or disapprove of a proposed manual within
19    60 days of its submission, the manual shall be deemed
20    approved.
21        (4) Prescribe and require the use of such uniform
22    forms, notices, and other supplies not inconsistent with
23    the provisions of this Code as it shall deem advisable
24    which shall be used by election authorities in the conduct
25    of elections and registrations;
26        (5) Prepare and certify the form of ballot for any

 

 

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1    proposed amendment to the Constitution of the State of
2    Illinois, or any referendum to be submitted to the electors
3    throughout the State or, when required to do so by law, to
4    the voters of any area or unit of local government of the
5    State;
6        (6) Require such statistical reports regarding the
7    conduct of elections and registration from election
8    authorities as may be deemed necessary;
9        (7) Review and inspect procedures and records relating
10    to conduct of elections and registration as may be deemed
11    necessary, and to report violations of election laws to the
12    appropriate State's Attorney or the Attorney General;
13        (8) Recommend to the General Assembly legislation to
14    improve the administration of elections and registration;
15        (9) Adopt, amend or rescind rules and regulations in
16    the performance of its duties provided that all such rules
17    and regulations must be consistent with the provisions of
18    this Article 1A or issued pursuant to authority otherwise
19    provided by law;
20        (10) Determine the validity and sufficiency of
21    petitions filed under Article XIV, Section 3, of the
22    Constitution of the State of Illinois of 1970;
23        (11) Maintain in its principal office a research
24    library that includes, but is not limited to, abstracts of
25    votes by precinct for general primary elections and general
26    elections, current precinct maps and current precinct poll

 

 

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1    lists from all election jurisdictions within the State. The
2    research library shall be open to the public during regular
3    business hours. Such abstracts, maps and lists shall be
4    preserved as permanent records and shall be available for
5    examination and copying at a reasonable cost;
6        (12) Supervise the administration of the registration
7    and election laws throughout the State;
8        (13) Obtain from the Department of Central Management
9    Services, under Section 405-250 of the Department of
10    Central Management Services Law (20 ILCS 405/405-250),
11    such use of electronic data processing equipment as may be
12    required to perform the duties of the State Board of
13    Elections and to provide election-related information to
14    candidates, public and party officials, interested civic
15    organizations and the general public in a timely and
16    efficient manner;
17        (14) To take such action as may be necessary or
18    required to give effect to directions of the national
19    committee or State central committee of an established
20    political party under Sections 7-8, 7-11, and 7-14.1 or
21    such other provisions as may be applicable pertaining to
22    the selection of delegates and alternate delegates to an
23    established political party's national nominating
24    conventions or, notwithstanding any candidate
25    certification schedule contained within this Code, the
26    certification of the Presidential and Vice Presidential

 

 

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1    candidate selected by the established political party's
2    national nominating convention;
3        (15) To post all early voting sites separated by
4    election authority and hours of operation on its website at
5    least 5 business days before the period for early voting
6    begins;
7        (16) To post on its website the statewide totals, and
8    totals separated by each election authority, for each of
9    the counts received pursuant to Section 1-9.2; and
10        (17) To post on its website, in a downloadable format,
11    the information received from each election authority
12    under Section 1-17.
13    The Board may by regulation delegate any of its duties or
14functions under this Article, except that final determinations
15and orders under this Article shall be issued only by the
16Board.
17    The requirement for reporting to the General Assembly shall
18be satisfied by filing copies of the report with the Speaker,
19the Minority Leader, and the Clerk of the House of
20Representatives, the President, the Minority Leader, and the
21Secretary of the Senate, and the Legislative Research Unit, as
22required by Section 3.1 of the General Assembly Organization
23Act, and filing such additional copies with the State
24Government Report Distribution Center for the General Assembly
25as is required under paragraph (t) of Section 7 of the State
26Library Act.

 

 

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1(Source: P.A. 100-623, eff. 7-20-18; 100-863, eff. 8-14-18.)
 
2    Section 15. The Executive Reorganization Implementation
3Act is amended by changing Section 11 as follows:
 
4    (15 ILCS 15/11)  (from Ch. 127, par. 1811)
5    Sec. 11. Every agency created or assigned new functions
6pursuant to a reorganization shall report to the General
7Assembly not later than 6 months after the reorganization takes
8effect and annually thereafter for 3 years. This report shall
9include data on the economies effected by the reorganization
10and an analysis of the effect of the reorganization on State
11government. The report shall also include the agency's
12recommendations for further legislation relating to
13reorganization.
14    The requirement for reporting to the General Assembly shall
15be satisfied by filing copies of the report with the Speaker,
16the Minority Leader and the Clerk of the House of
17Representatives and the President, the Minority Leader and the
18Secretary of the Senate and the Legislative Research Unit, as
19required by Section 3.1 of the General Assembly Organization
20Act "An Act to revise the law in relation to the General
21Assembly", approved February 25, 1874, as amended, and filing
22such additional copies with the State Government Report
23Distribution Center for the General Assembly as is required
24under paragraph (t) of Section 7 of the State Library Act.

 

 

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1(Source: P.A. 84-1438.)
 
2    Section 20. The Illinois Act on the Aging is amended by
3changing Sections 4.02 and 7.09 as follows:
 
4    (20 ILCS 105/4.02)  (from Ch. 23, par. 6104.02)
5    Sec. 4.02. Community Care Program. The Department shall
6establish a program of services to prevent unnecessary
7institutionalization of persons age 60 and older in need of
8long term care or who are established as persons who suffer
9from Alzheimer's disease or a related disorder under the
10Alzheimer's Disease Assistance Act, thereby enabling them to
11remain in their own homes or in other living arrangements. Such
12preventive services, which may be coordinated with other
13programs for the aged and monitored by area agencies on aging
14in cooperation with the Department, may include, but are not
15limited to, any or all of the following:
16        (a) (blank);
17        (b) (blank);
18        (c) home care aide services;
19        (d) personal assistant services;
20        (e) adult day services;
21        (f) home-delivered meals;
22        (g) education in self-care;
23        (h) personal care services;
24        (i) adult day health services;

 

 

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1        (j) habilitation services;
2        (k) respite care;
3        (k-5) community reintegration services;
4        (k-6) flexible senior services;
5        (k-7) medication management;
6        (k-8) emergency home response;
7        (l) other nonmedical social services that may enable
8    the person to become self-supporting; or
9        (m) clearinghouse for information provided by senior
10    citizen home owners who want to rent rooms to or share
11    living space with other senior citizens.
12    The Department shall establish eligibility standards for
13such services. In determining the amount and nature of services
14for which a person may qualify, consideration shall not be
15given to the value of cash, property or other assets held in
16the name of the person's spouse pursuant to a written agreement
17dividing marital property into equal but separate shares or
18pursuant to a transfer of the person's interest in a home to
19his spouse, provided that the spouse's share of the marital
20property is not made available to the person seeking such
21services.
22    Beginning January 1, 2008, the Department shall require as
23a condition of eligibility that all new financially eligible
24applicants apply for and enroll in medical assistance under
25Article V of the Illinois Public Aid Code in accordance with
26rules promulgated by the Department.

 

 

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1    The Department shall, in conjunction with the Department of
2Public Aid (now Department of Healthcare and Family Services),
3seek appropriate amendments under Sections 1915 and 1924 of the
4Social Security Act. The purpose of the amendments shall be to
5extend eligibility for home and community based services under
6Sections 1915 and 1924 of the Social Security Act to persons
7who transfer to or for the benefit of a spouse those amounts of
8income and resources allowed under Section 1924 of the Social
9Security Act. Subject to the approval of such amendments, the
10Department shall extend the provisions of Section 5-4 of the
11Illinois Public Aid Code to persons who, but for the provision
12of home or community-based services, would require the level of
13care provided in an institution, as is provided for in federal
14law. Those persons no longer found to be eligible for receiving
15noninstitutional services due to changes in the eligibility
16criteria shall be given 45 days notice prior to actual
17termination. Those persons receiving notice of termination may
18contact the Department and request the determination be
19appealed at any time during the 45 day notice period. The
20target population identified for the purposes of this Section
21are persons age 60 and older with an identified service need.
22Priority shall be given to those who are at imminent risk of
23institutionalization. The services shall be provided to
24eligible persons age 60 and older to the extent that the cost
25of the services together with the other personal maintenance
26expenses of the persons are reasonably related to the standards

 

 

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1established for care in a group facility appropriate to the
2person's condition. These non-institutional services, pilot
3projects or experimental facilities may be provided as part of
4or in addition to those authorized by federal law or those
5funded and administered by the Department of Human Services.
6The Departments of Human Services, Healthcare and Family
7Services, Public Health, Veterans' Affairs, and Commerce and
8Economic Opportunity and other appropriate agencies of State,
9federal and local governments shall cooperate with the
10Department on Aging in the establishment and development of the
11non-institutional services. The Department shall require an
12annual audit from all personal assistant and home care aide
13vendors contracting with the Department under this Section. The
14annual audit shall assure that each audited vendor's procedures
15are in compliance with Department's financial reporting
16guidelines requiring an administrative and employee wage and
17benefits cost split as defined in administrative rules. The
18audit is a public record under the Freedom of Information Act.
19The Department shall execute, relative to the nursing home
20prescreening project, written inter-agency agreements with the
21Department of Human Services and the Department of Healthcare
22and Family Services, to effect the following: (1) intake
23procedures and common eligibility criteria for those persons
24who are receiving non-institutional services; and (2) the
25establishment and development of non-institutional services in
26areas of the State where they are not currently available or

 

 

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1are undeveloped. On and after July 1, 1996, all nursing home
2prescreenings for individuals 60 years of age or older shall be
3conducted 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 be
25had until after the death of the surviving spouse, if any, and
26then only at such time when there is no surviving child who is

 

 

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1under age 21 or blind or who has a permanent and total
2disability. This paragraph, however, shall not bar recovery, at
3the death of the person, of moneys for services provided to the
4person or in behalf of the person under this Section to which
5the person was not entitled; provided that such recovery shall
6not be enforced against any real estate while it is occupied as
7a homestead by the surviving spouse or other dependent, if no
8claims by other creditors have been filed against the estate,
9or, if such claims have been filed, they remain dormant for
10failure of prosecution or failure of the claimant to compel
11administration of the estate for the purpose of payment. This
12paragraph shall not bar recovery from the estate of a spouse,
13under Sections 1915 and 1924 of the Social Security Act and
14Section 5-4 of the Illinois Public Aid Code, who precedes a
15person receiving services under this Section in death. All
16moneys for services paid to or in behalf of the person under
17this Section shall be claimed for recovery from the deceased
18spouse's estate. "Homestead", as used in this paragraph, means
19the dwelling house and contiguous real estate occupied by a
20surviving spouse or relative, as defined by the rules and
21regulations of the Department of Healthcare and Family
22Services, 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 care
26    plan are available on evenings and weekends;

 

 

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1        (2) ensuring that care plans contain the services that
2    eligible participants need based on the number of days in a
3    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; to
15    achieve this, the Department, in conjunction with the Older
16    Adult Services Advisory Committee, shall institute a study
17    of the relationship between the Determination of Need
18    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 later
22    than January 1, 2009; recommendations shall include all
23    needed changes to the service cost maximums schedule and
24    additional covered services;
25        (5) ensuring that homemakers can provide personal care
26    services that may or may not involve contact with clients,

 

 

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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 of
12    clients or recommended by clients; the Department may not,
13    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 services
25    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 service
9    authorization guidelines to Care Coordination Units and
10    Community Care Program providers no later than May 1, 2013;
11        (10) working in conjunction with Care Coordination
12    Units, the Department of Healthcare and Family Services,
13    the Department of Human Services, Community Care Program
14    providers, and other stakeholders to make improvements to
15    the Medicaid claiming processes and the Medicaid
16    enrollment procedures or requirements as needed,
17    including, but not limited to, specific policy changes or
18    rules to improve the up-front enrollment of participants in
19    the Medicaid program and specific policy changes or rules
20    to insure more prompt submission of bills to the federal
21    government to secure maximum federal matching dollars as
22    promptly as possible; the Department on Aging shall have at
23    least 3 meetings with stakeholders by January 1, 2014 in
24    order to address these improvements;
25        (11) requiring home care service providers to comply
26    with the rounding of hours worked provisions under the

 

 

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1    federal Fair Labor Standards Act (FLSA) and as set forth in
2    29 CFR 785.48(b) by May 1, 2013;
3        (12) implementing any necessary policy changes or
4    promulgating any rules, no later than January 1, 2014, to
5    assist the Department of Healthcare and Family Services in
6    moving as many participants as possible, consistent with
7    federal regulations, into coordinated care plans if a care
8    coordination plan that covers long term care is available
9    in the recipient's area; and
10        (13) maintaining fiscal year 2014 rates at the same
11    level established on January 1, 2013.
12    By January 1, 2009 or as soon after the end of the Cash and
13Counseling Demonstration Project as is practicable, the
14Department may, based on its evaluation of the demonstration
15project, promulgate rules concerning personal assistant
16services, to include, but need not be limited to,
17qualifications, employment screening, rights under fair labor
18standards, training, fiduciary agent, and supervision
19requirements. All applicants shall be subject to the provisions
20of the Health Care Worker Background Check Act.
21    The Department shall develop procedures to enhance
22availability of services on evenings, weekends, and on an
23emergency basis to meet the respite needs of caregivers.
24Procedures shall be developed to permit the utilization of
25services in successive blocks of 24 hours up to the monthly
26maximum established by the Department. Workers providing these

 

 

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1services shall be appropriately trained.
2    Beginning on the effective date of this amendatory Act of
31991, no person may perform chore/housekeeping and home care
4aide services under a program authorized by this Section unless
5that person has been issued a certificate of pre-service to do
6so by his or her employing agency. Information gathered to
7effect such certification shall include (i) the person's name,
8(ii) the date the person was hired by his or her current
9employer, and (iii) the training, including dates and levels.
10Persons engaged in the program authorized by this Section
11before the effective date of this amendatory Act of 1991 shall
12be issued a certificate of all pre- and in-service training
13from his or her employer upon submitting the necessary
14information. The employing agency shall be required to retain
15records of all staff pre- and in-service training, and shall
16provide such records to the Department upon request and upon
17termination of the employer's contract with the Department. In
18addition, the employing agency is responsible for the issuance
19of certifications of in-service training completed to their
20employees.
21    The Department is required to develop a system to ensure
22that persons working as home care aides and personal assistants
23receive increases in their wages when the federal minimum wage
24is increased by requiring vendors to certify that they are
25meeting the federal minimum wage statute for home care aides
26and personal assistants. An employer that cannot ensure that

 

 

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1the minimum wage increase is being given to home care aides and
2personal assistants shall be denied any increase in
3reimbursement costs.
4    The Community Care Program Advisory Committee is created in
5the Department on Aging. The Director shall appoint individuals
6to serve in the Committee, who shall serve at their own
7expense. Members of the Committee must abide by all applicable
8ethics laws. The Committee shall advise the Department on
9issues related to the Department's program of services to
10prevent unnecessary institutionalization. The Committee shall
11meet on a bi-monthly basis and shall serve to identify and
12advise the Department on present and potential issues affecting
13the service delivery network, the program's clients, and the
14Department and to recommend solution strategies. Persons
15appointed to the Committee shall be appointed on, but not
16limited to, their own and their agency's experience with the
17program, geographic representation, and willingness to serve.
18The Director shall appoint members to the Committee to
19represent provider, advocacy, policy research, and other
20constituencies committed to the delivery of high quality home
21and community-based services to older adults. Representatives
22shall be appointed to ensure representation from community care
23providers including, but not limited to, adult day service
24providers, homemaker providers, case coordination and case
25management units, emergency home response providers, statewide
26trade or labor unions that represent home care aides and direct

 

 

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1care staff, area agencies on aging, adults over age 60,
2membership organizations representing older adults, and other
3organizational entities, providers of care, or individuals
4with demonstrated interest and expertise in the field of home
5and community care as determined by the Director.
6    Nominations may be presented from any agency or State
7association with interest in the program. The Director, or his
8or her designee, shall serve as the permanent co-chair of the
9advisory committee. One other co-chair shall be nominated and
10approved by the members of the committee on an annual basis.
11Committee members' terms of appointment shall be for 4 years
12with one-quarter of the appointees' terms expiring each year. A
13member shall continue to serve until his or her replacement is
14named. The Department shall fill vacancies that have a
15remaining term of over one year, and this replacement shall
16occur through the annual replacement of expiring terms. The
17Director shall designate Department staff to provide technical
18assistance and staff support to the committee. Department
19representation shall not constitute membership of the
20committee. All Committee papers, issues, recommendations,
21reports, and meeting memoranda are advisory only. The Director,
22or his or her designee, shall make a written report, as
23requested by the Committee, regarding issues before the
24Committee.
25    The Department on Aging and the Department of Human
26Services shall cooperate in the development and submission of

 

 

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1an annual report on programs and services provided under this
2Section. Such joint report shall be filed with the Governor and
3the General Assembly on or before September 30 each year.
4    The requirement for reporting to the General Assembly shall
5be satisfied by filing copies of the report with the Speaker,
6the Minority Leader and the Clerk of the House of
7Representatives and the President, the Minority Leader and the
8Secretary of the Senate and the Legislative Research Unit, as
9required by Section 3.1 of the General Assembly Organization
10Act and filing such additional copies with the State Government
11Report Distribution Center for the General Assembly as is
12required under paragraph (t) of Section 7 of the State Library
13Act.
14    Those persons previously found eligible for receiving
15non-institutional services whose services were discontinued
16under the Emergency Budget Act of Fiscal Year 1992, and who do
17not meet the eligibility standards in effect on or after July
181, 1992, shall remain ineligible on and after July 1, 1992.
19Those persons previously not required to cost-share and who
20were required to cost-share effective March 1, 1992, shall
21continue to meet cost-share requirements on and after July 1,
221992. Beginning July 1, 1992, all clients will be required to
23meet eligibility, cost-share, and other requirements and will
24have services discontinued or altered when they fail to meet
25these requirements.
26    For the purposes of this Section, "flexible senior

 

 

10000HB0129ham001- 22 -LRB100 03797 RJF 43335 a

1services" refers to services that require one-time or periodic
2expenditures including, but not limited to, respite care, home
3modification, assistive technology, housing assistance, and
4transportation.
5    The Department shall implement an electronic service
6verification based on global positioning systems or other
7cost-effective technology for the Community Care Program no
8later than January 1, 2014.
9    The Department shall require, as a condition of
10eligibility, enrollment in the medical assistance program
11under Article V of the Illinois Public Aid Code (i) beginning
12August 1, 2013, if the Auditor General has reported that the
13Department has failed to comply with the reporting requirements
14of Section 2-27 of the Illinois State Auditing Act; or (ii)
15beginning June 1, 2014, if the Auditor General has reported
16that the Department has not undertaken the required actions
17listed in the report required by subsection (a) of Section 2-27
18of the Illinois State Auditing Act.
19    The Department shall delay Community Care Program services
20until an applicant is determined eligible for medical
21assistance under Article V of the Illinois Public Aid Code (i)
22beginning August 1, 2013, if the Auditor General has reported
23that the Department has failed to comply with the reporting
24requirements of Section 2-27 of the Illinois State Auditing
25Act; or (ii) beginning June 1, 2014, if the Auditor General has
26reported that the Department has not undertaken the required

 

 

10000HB0129ham001- 23 -LRB100 03797 RJF 43335 a

1actions listed in the report required by subsection (a) of
2Section 2-27 of the Illinois State Auditing Act.
3    The Department shall implement co-payments for the
4Community Care Program at the federally allowable maximum level
5(i) beginning August 1, 2013, if the Auditor General has
6reported that the Department has failed to comply with the
7reporting requirements of Section 2-27 of the Illinois State
8Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
9General has reported that the Department has not undertaken the
10required actions listed in the report required by subsection
11(a) of Section 2-27 of the Illinois State Auditing Act.
12    The Department shall provide a bi-monthly report on the
13progress of the Community Care Program reforms set forth in
14this amendatory Act of the 98th General Assembly to the
15Governor, the Speaker of the House of Representatives, the
16Minority Leader of the House of Representatives, the President
17of the Senate, and the Minority Leader of the Senate.
18    The Department shall conduct a quarterly review of Care
19Coordination Unit performance and adherence to service
20guidelines. The quarterly review shall be reported to the
21Speaker of the House of Representatives, the Minority Leader of
22the House of Representatives, the President of the Senate, and
23the Minority Leader of the Senate. The Department shall collect
24and report longitudinal data on the performance of each care
25coordination unit. Nothing in this paragraph shall be construed
26to require the Department to identify specific care

 

 

10000HB0129ham001- 24 -LRB100 03797 RJF 43335 a

1coordination units.
2    In regard to community care providers, failure to comply
3with Department on Aging policies shall be cause for
4disciplinary action, including, but not limited to,
5disqualification from serving Community Care Program clients.
6Each provider, upon submission of any bill or invoice to the
7Department for payment for services rendered, shall include a
8notarized statement, under penalty of perjury pursuant to
9Section 1-109 of the Code of Civil Procedure, that the provider
10has complied with all Department policies.
11    The Director of the Department on Aging shall make
12information available to the State Board of Elections as may be
13required by an agreement the State Board of Elections has
14entered into with a multi-state voter registration list
15maintenance system.
16    Within 30 days after July 6, 2017 (the effective date of
17Public Act 100-23), rates shall be increased to $18.29 per
18hour, for the purpose of increasing, by at least $.72 per hour,
19the wages paid by those vendors to their employees who provide
20homemaker services. The Department shall pay an enhanced rate
21under the Community Care Program to those in-home service
22provider agencies that offer health insurance coverage as a
23benefit to their direct service worker employees consistent
24with the mandates of Public Act 95-713. For State fiscal years
252018 and 2019, the enhanced rate shall be $1.77 per hour. The
26rate shall be adjusted using actuarial analysis based on the

 

 

10000HB0129ham001- 25 -LRB100 03797 RJF 43335 a

1cost of care, but shall not be set below $1.77 per hour. The
2Department shall adopt rules, including emergency rules under
3subsections (y) and (bb) of Section 5-45 of the Illinois
4Administrative Procedure Act, to implement the provisions of
5this paragraph.
6    The General Assembly finds it necessary to authorize an
7aggressive Medicaid enrollment initiative designed to maximize
8federal Medicaid funding for the Community Care Program which
9produces significant savings for the State of Illinois. The
10Department on Aging shall establish and implement a Community
11Care Program Medicaid Initiative. Under the Initiative, the
12Department on Aging shall, at a minimum: (i) provide an
13enhanced rate to adequately compensate care coordination units
14to enroll eligible Community Care Program clients into
15Medicaid; (ii) use recommendations from a stakeholder
16committee on how best to implement the Initiative; and (iii)
17establish requirements for State agencies to make enrollment in
18the State's Medical Assistance program easier for seniors.
19    The Community Care Program Medicaid Enrollment Oversight
20Subcommittee is created as a subcommittee of the Older Adult
21Services Advisory Committee established in Section 35 of the
22Older Adult Services Act to make recommendations on how best to
23increase the number of medical assistance recipients who are
24enrolled in the Community Care Program. The Subcommittee shall
25consist of all of the following persons who must be appointed
26within 30 days after the effective date of this amendatory Act

 

 

10000HB0129ham001- 26 -LRB100 03797 RJF 43335 a

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

 

 

10000HB0129ham001- 27 -LRB100 03797 RJF 43335 a

1        (11) One member of the Senate, who shall serve as
2    co-chairperson, appointed by the Minority Leader of the
3    Senate.
4        (12) One member of the House of Representatives, who
5    shall serve as co-chairperson, appointed by the Speaker of
6    the House of Representatives.
7        (13) One member of the House of Representatives, who
8    shall serve as co-chairperson, appointed by the Minority
9    Leader of the House of Representatives.
10        (14) One individual appointed by a labor organization
11    representing frontline employees at the Department of
12    Human Services.
13    The Subcommittee shall provide oversight to the Community
14Care Program Medicaid Initiative and shall meet quarterly. At
15each Subcommittee meeting the Department on Aging shall provide
16the following data sets to the Subcommittee: (A) the number of
17Illinois residents, categorized by planning and service area,
18who are receiving services under the Community Care Program and
19are enrolled in the State's Medical Assistance Program; (B) the
20number of Illinois residents, categorized by planning and
21service area, who are receiving services under the Community
22Care Program, but are not enrolled in the State's Medical
23Assistance Program; and (C) the number of Illinois residents,
24categorized by planning and service area, who are receiving
25services under the Community Care Program and are eligible for
26benefits under the State's Medical Assistance Program, but are

 

 

10000HB0129ham001- 28 -LRB100 03797 RJF 43335 a

1not enrolled in the State's Medical Assistance Program. In
2addition to this data, the Department on Aging shall provide
3the Subcommittee with plans on how the Department on Aging will
4reduce the number of Illinois residents who are not enrolled in
5the State's Medical Assistance Program but who are eligible for
6medical assistance benefits. The Department on Aging shall
7enroll in the State's Medical Assistance Program those Illinois
8residents who receive services under the Community Care Program
9and are eligible for medical assistance benefits but are not
10enrolled in the State's Medicaid Assistance Program. The data
11provided to the Subcommittee shall be made available to the
12public via the Department on Aging's website.
13    The Department on Aging, with the involvement of the
14Subcommittee, shall collaborate with the Department of Human
15Services and the Department of Healthcare and Family Services
16on how best to achieve the responsibilities of the Community
17Care Program Medicaid Initiative.
18    The Department on Aging, the Department of Human Services,
19and the Department of Healthcare and Family Services shall
20coordinate and implement a streamlined process for seniors to
21access benefits under the State's Medical Assistance Program.
22    The Subcommittee shall collaborate with the Department of
23Human Services on the adoption of a uniform application
24submission process. The Department of Human Services and any
25other State agency involved with processing the medical
26assistance application of any person enrolled in the Community

 

 

10000HB0129ham001- 29 -LRB100 03797 RJF 43335 a

1Care Program shall include the appropriate care coordination
2unit in all communications related to the determination or
3status of the application.
4    The Community Care Program Medicaid Initiative shall
5provide targeted funding to care coordination units to help
6seniors complete their applications for medical assistance
7benefits. On and after July 1, 2019, care coordination units
8shall receive no less than $200 per completed application.
9    The Community Care Program Medicaid Initiative shall cease
10operation 5 years after the effective date of this amendatory
11Act of the 100th General Assembly, after which the Subcommittee
12shall dissolve.
13(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
14100-587, eff. 6-4-18.)
 
15    (20 ILCS 105/7.09)  (from Ch. 23, par. 6107.09)
16    Sec. 7.09. The Council shall have the following powers and
17duties:
18    (1) review and comment upon reports of the Department to
19the Governor and the General Assembly;
20    (2) prepare and submit to the Governor, the General
21Assembly and the Director an annual report evaluating the level
22and quality of all programs, services and facilities provided
23to the aging by State agencies;
24    (3) review and comment upon the comprehensive state plan
25prepared by the Department;

 

 

10000HB0129ham001- 30 -LRB100 03797 RJF 43335 a

1    (4) review and comment upon disbursements by the Department
2of public funds to private agencies;
3    (5) recommend candidates to the Governor for appointment as
4Director of the Department;
5    (6) consult with the Director regarding the operations of
6the Department.
7    The requirement for reporting to the General Assembly shall
8be satisfied by filing copies of the report with the Speaker,
9the Minority Leader and the Clerk of the House of
10Representatives and the President, the Minority Leader and the
11Secretary of the Senate and the Legislative Research Unit, as
12required by Section 3.1 of the General Assembly Organization
13Act "An Act to revise the law in relation to the General
14Assembly", approved February 25, 1874, as amended, and filing
15such additional copies with the State Government Report
16Distribution Center for the General Assembly as is required
17under paragraph (t) of Section 7 of the State Library Act.
18(Source: P.A. 84-1438.)
 
19    Section 25. The Department of Central Management Services
20Law of the Civil Administrative Code of Illinois is amended by
21changing Section 405-300 as follows:
 
22    (20 ILCS 405/405-300)  (was 20 ILCS 405/67.02)
23    (Text of Section before amendment by P.A. 100-1109)
24    Sec. 405-300. Lease or purchase of facilities; training

 

 

10000HB0129ham001- 31 -LRB100 03797 RJF 43335 a

1programs.
2    (a) To lease or purchase office and storage space,
3buildings, land, and other facilities for all State agencies,
4authorities, boards, commissions, departments, institutions,
5and bodies politic and all other administrative units or
6outgrowths of the executive branch of State government except
7the Constitutional officers, the State Board of Education and
8the State colleges and universities and their governing bodies.
9However, before leasing or purchasing any office or storage
10space, buildings, land or other facilities in any municipality
11the Department shall survey the existing State-owned and
12State-leased property to make a determination of need.
13    The leases shall be for a term not to exceed 5 years,
14except that the leases may contain a renewal clause subject to
15acceptance by the State after that date or an option to
16purchase. The purchases shall be made through contracts that
17(i) may provide for the title to the property to transfer
18immediately to the State or a trustee or nominee for the
19benefit of the State, (ii) shall provide for the consideration
20to be paid in installments to be made at stated intervals
21during a certain term not to exceed 30 years from the date of
22the contract, and (iii) may provide for the payment of interest
23on the unpaid balance at a rate that does not exceed a rate
24determined by adding 3 percentage points to the annual yield on
25United States Treasury obligations of comparable maturity as
26most recently published in the Wall Street Journal at the time

 

 

10000HB0129ham001- 32 -LRB100 03797 RJF 43335 a

1such contract is signed. The leases and purchase contracts
2shall be and shall recite that they are subject to termination
3and cancellation in any year for which the General Assembly
4fails to make an appropriation to pay the rent or purchase
5installments payable under the terms of the lease or purchase
6contract. Additionally, the purchase contract shall specify
7that title to the office and storage space, buildings, land,
8and other facilities being acquired under the contract shall
9revert to the Seller in the event of the failure of the General
10Assembly to appropriate suitable funds. However, this
11limitation on the term of the leases does not apply to leases
12to and with the Illinois Building Authority, as provided for in
13the Building Authority Act. Leases to and with that Authority
14may be entered into for a term not to exceed 30 years and shall
15be and shall recite that they are subject to termination and
16cancellation in any year for which the General Assembly fails
17to make an appropriation to pay the rent payable under the
18terms of the lease. These limitations do not apply if the lease
19or purchase contract contains a provision limiting the
20liability for the payment of the rentals or installments
21thereof solely to funds received from the Federal government.
22    (b) To lease from an airport authority office, aircraft
23hangar, and service buildings constructed upon a public airport
24under the Airport Authorities Act for the use and occupancy of
25the State Department of Transportation. The lease may be
26entered into for a term not to exceed 30 years.

 

 

10000HB0129ham001- 33 -LRB100 03797 RJF 43335 a

1    (c) To establish training programs for teaching State
2leasing procedures and practices to new employees of the
3Department and to keep all employees of the Department informed
4about current leasing practices and developments in the real
5estate industry.
6    (d) To enter into an agreement with a municipality or
7county to construct, remodel, or convert a structure for the
8purposes of its serving as a correctional institution or
9facility pursuant to paragraph (c) of Section 3-2-2 of the
10Unified Code of Corrections.
11    (e) To enter into an agreement with a private individual,
12trust, partnership, or corporation or a municipality or other
13unit of local government, when authorized to do so by the
14Department of Corrections, whereby that individual, trust,
15partnership, or corporation or municipality or other unit of
16local government will construct, remodel, or convert a
17structure for the purposes of its serving as a correctional
18institution or facility and then lease the structure to the
19Department for the use of the Department of Corrections. A
20lease entered into pursuant to the authority granted in this
21subsection shall be for a term not to exceed 30 years but may
22grant to the State the option to purchase the structure
23outright.
24    The leases shall be and shall recite that they are subject
25to termination and cancellation in any year for which the
26General Assembly fails to make an appropriation to pay the rent

 

 

10000HB0129ham001- 34 -LRB100 03797 RJF 43335 a

1payable under the terms of the lease.
2    (f) On and after September 17, 1983, the powers granted to
3the Department under this Section shall be exercised
4exclusively by the Department, and no other State agency may
5concurrently exercise any such power unless specifically
6authorized otherwise by a later enacted law. This subsection is
7not intended to impair any contract existing as of September
817, 1983.
9    However, no lease for more than 10,000 square feet of space
10shall be executed unless the Director, in consultation with the
11Executive Director of the Capital Development Board, has
12certified that leasing is in the best interest of the State,
13considering programmatic requirements, availability of vacant
14State-owned space, the cost-benefits of purchasing or
15constructing new space, and other criteria as he or she shall
16determine. The Director shall not permit multiple leases for
17less than 10,000 square feet to be executed in order to evade
18this provision.
19    (g) To develop and implement, in cooperation with the
20Interagency Energy Conservation Committee, a system for
21evaluating energy consumption in facilities leased by the
22Department, and to develop energy consumption standards for use
23in evaluating prospective lease sites.
24    (h) (1) After June 1, 1998 (the effective date of Public
25    Act 90-520), the Department shall not enter into an
26    agreement for the installment purchase or lease purchase of

 

 

10000HB0129ham001- 35 -LRB100 03797 RJF 43335 a

1    buildings, land, or facilities unless:
2            (A) the using agency certifies to the Department
3        that the agency reasonably expects that the building,
4        land, or facilities being considered for purchase will
5        meet a permanent space need;
6            (B) the building or facilities will be
7        substantially occupied by State agencies after
8        purchase (or after acceptance in the case of a build to
9        suit);
10            (C) the building or facilities shall be in new or
11        like new condition and have a remaining economic life
12        exceeding the term of the contract;
13            (D) no structural or other major building
14        component or system has a remaining economic life of
15        less than 10 years;
16            (E) the building, land, or facilities:
17                (i) is free of any identifiable environmental
18            hazard or
19                (ii) is subject to a management plan, provided
20            by the seller and acceptable to the State, to
21            address the known environmental hazard;
22            (F) the building, land, or facilities satisfy
23        applicable accessibility and applicable building
24        codes; and
25            (G) the State's cost to lease purchase or
26        installment purchase the building, land, or facilities

 

 

10000HB0129ham001- 36 -LRB100 03797 RJF 43335 a

1        is less than the cost to lease space of comparable
2        quality, size, and location over the lease purchase or
3        installment purchase term.
4        (2) The Department shall establish the methodology for
5    comparing lease costs to the costs of installment or lease
6    purchases. The cost comparison shall take into account all
7    relevant cost factors, including, but not limited to, debt
8    service, operating and maintenance costs, insurance and
9    risk costs, real estate taxes, reserves for replacement and
10    repairs, security costs, and utilities. The methodology
11    shall also provide:
12            (A) that the comparison will be made using level
13        payment plans; and
14            (B) that a purchase price must not exceed the fair
15        market value of the buildings, land, or facilities and
16        that the purchase price must be substantiated by an
17        appraisal or by a competitive selection process.
18        (3) If the Department intends to enter into an
19    installment purchase or lease purchase agreement for
20    buildings, land, or facilities under circumstances that do
21    not satisfy the conditions specified by this Section, it
22    must issue a notice to the Secretary of the Senate and the
23    Clerk of the House. The notice shall contain (i) specific
24    details of the State's proposed purchase, including the
25    amounts, purposes, and financing terms; (ii) a specific
26    description of how the proposed purchase varies from the

 

 

10000HB0129ham001- 37 -LRB100 03797 RJF 43335 a

1    procedures set forth in this Section; and (iii) a specific
2    justification, signed by the Director, stating why it is in
3    the State's best interests to proceed with the purchase.
4    The Department may not proceed with such an installment
5    purchase or lease purchase agreement if, within 60 calendar
6    days after delivery of the notice, the General Assembly, by
7    joint resolution, disapproves the transaction. Delivery
8    may take place on a day and at an hour when the Senate and
9    House are not in session so long as the offices of
10    Secretary and Clerk are open to receive the notice. In
11    determining the 60-day period within which the General
12    Assembly must act, the day on which delivery is made to the
13    Senate and House shall not be counted. If delivery of the
14    notice to the 2 houses occurs on different days, the 60-day
15    period shall begin on the day following the later delivery.
16        (4) On or before February 15 of each year, the
17    Department shall submit an annual report to the Director of
18    the Governor's Office of Management and Budget and the
19    General Assembly regarding installment purchases or lease
20    purchases of buildings, land, or facilities that were
21    entered into during the preceding calendar year. The report
22    shall include a summary statement of the aggregate amount
23    of the State's obligations under those purchases; specific
24    details pertaining to each purchase, including the
25    amounts, purposes, and financing terms and payment
26    schedule for each purchase; and any other matter that the

 

 

10000HB0129ham001- 38 -LRB100 03797 RJF 43335 a

1    Department deems advisable.
2        The requirement for reporting to the General Assembly
3    shall be satisfied by filing copies of the report with the
4    Auditor General and , the Speaker, the Minority Leader, and
5    the Clerk of the House of Representatives and the
6    President, the Minority Leader, and the Secretary of the
7    Senate, the Chairs of the Appropriations Committees, and
8    the Legislative Research Unit, as required by Section 3.1
9    of the General Assembly Organization Act, and filing
10    additional copies with the State Government Report
11    Distribution Center for the General Assembly as is required
12    under paragraph (t) of Section 7 of the State Library Act.
13(Source: P.A. 99-143, eff. 7-27-15.)
 
14    (Text of Section after amendment by P.A. 100-1109)
15    Sec. 405-300. Lease or purchase of facilities; training
16programs.
17    (a) To lease or purchase office and storage space,
18buildings, land, and other facilities for all State agencies,
19authorities, boards, commissions, departments, institutions,
20and bodies politic and all other administrative units or
21outgrowths of the executive branch of State government except
22the Constitutional officers, the State Board of Education and
23the State colleges and universities and their governing bodies.
24However, before leasing or purchasing any office or storage
25space, buildings, land or other facilities in any municipality

 

 

10000HB0129ham001- 39 -LRB100 03797 RJF 43335 a

1the Department shall survey the existing State-owned and
2State-leased property to make a determination of need.
3    The leases shall be for a term not to exceed 5 years,
4except that the leases may contain a renewal clause subject to
5acceptance by the State after that date or an option to
6purchase. The purchases shall be made through contracts that
7(i) may provide for the title to the property to transfer
8immediately to the State or a trustee or nominee for the
9benefit of the State, (ii) shall provide for the consideration
10to be paid in installments to be made at stated intervals
11during a certain term not to exceed 30 years from the date of
12the contract, and (iii) may provide for the payment of interest
13on the unpaid balance at a rate that does not exceed a rate
14determined by adding 3 percentage points to the annual yield on
15United States Treasury obligations of comparable maturity as
16most recently published in the Wall Street Journal at the time
17such contract is signed. The leases and purchase contracts
18shall be and shall recite that they are subject to termination
19and cancellation in any year for which the General Assembly
20fails to make an appropriation to pay the rent or purchase
21installments payable under the terms of the lease or purchase
22contract. Additionally, the purchase contract shall specify
23that title to the office and storage space, buildings, land,
24and other facilities being acquired under the contract shall
25revert to the Seller in the event of the failure of the General
26Assembly to appropriate suitable funds. However, this

 

 

10000HB0129ham001- 40 -LRB100 03797 RJF 43335 a

1limitation on the term of the leases does not apply to leases
2to and with the Illinois Building Authority, as provided for in
3the Building Authority Act. Leases to and with that Authority
4may be entered into for a term not to exceed 30 years and shall
5be and shall recite that they are subject to termination and
6cancellation in any year for which the General Assembly fails
7to make an appropriation to pay the rent payable under the
8terms of the lease. These limitations do not apply if the lease
9or purchase contract contains a provision limiting the
10liability for the payment of the rentals or installments
11thereof solely to funds received from the Federal government.
12    (b) To lease from an airport authority office, aircraft
13hangar, and service buildings constructed upon a public airport
14under the Airport Authorities Act for the use and occupancy of
15the State Department of Transportation. The lease may be
16entered into for a term not to exceed 30 years.
17    (c) To establish training programs for teaching State
18leasing procedures and practices to new employees of the
19Department and to keep all employees of the Department informed
20about current leasing practices and developments in the real
21estate industry.
22    (d) To enter into an agreement with a municipality or
23county to construct, remodel, or convert a structure for the
24purposes of its serving as a correctional institution or
25facility pursuant to paragraph (c) of Section 3-2-2 of the
26Unified Code of Corrections.

 

 

10000HB0129ham001- 41 -LRB100 03797 RJF 43335 a

1    (e) To enter into an agreement with a private individual,
2trust, partnership, or corporation or a municipality or other
3unit of local government, when authorized to do so by the
4Department of Corrections, whereby that individual, trust,
5partnership, or corporation or municipality or other unit of
6local government will construct, remodel, or convert a
7structure for the purposes of its serving as a correctional
8institution or facility and then lease the structure to the
9Department for the use of the Department of Corrections. A
10lease entered into pursuant to the authority granted in this
11subsection shall be for a term not to exceed 30 years but may
12grant to the State the option to purchase the structure
13outright.
14    The leases shall be and shall recite that they are subject
15to termination and cancellation in any year for which the
16General Assembly fails to make an appropriation to pay the rent
17payable under the terms of the lease.
18    (f) On and after September 17, 1983, the powers granted to
19the Department under this Section shall be exercised
20exclusively by the Department, and no other State agency may
21concurrently exercise any such power unless specifically
22authorized otherwise by a later enacted law. This subsection is
23not intended to impair any contract existing as of September
2417, 1983.
25    However, no lease for more than 10,000 square feet of space
26shall be executed unless the Director, in consultation with the

 

 

10000HB0129ham001- 42 -LRB100 03797 RJF 43335 a

1Executive Director of the Capital Development Board, has
2certified that leasing is in the best interest of the State,
3considering programmatic requirements, availability of vacant
4State-owned space, the cost-benefits of purchasing or
5constructing new space, and other criteria as he or she shall
6determine. The Director shall not permit multiple leases for
7less than 10,000 square feet to be executed in order to evade
8this provision.
9    (g) To develop and implement, in cooperation with the
10Interagency Energy Conservation Committee, a system for
11evaluating energy consumption in facilities leased by the
12Department, and to develop energy consumption standards for use
13in evaluating prospective lease sites.
14    (h) (1) After June 1, 1998 (the effective date of Public
15    Act 90-520), the Department shall not enter into an
16    agreement for the installment purchase or lease purchase of
17    buildings, land, or facilities unless:
18            (A) the using agency certifies to the Department
19        that the agency reasonably expects that the building,
20        land, or facilities being considered for purchase will
21        meet a permanent space need;
22            (B) the building or facilities will be
23        substantially occupied by State agencies after
24        purchase (or after acceptance in the case of a build to
25        suit);
26            (C) the building or facilities shall be in new or

 

 

10000HB0129ham001- 43 -LRB100 03797 RJF 43335 a

1        like new condition and have a remaining economic life
2        exceeding the term of the contract;
3            (D) no structural or other major building
4        component or system has a remaining economic life of
5        less than 10 years;
6            (E) the building, land, or facilities:
7                (i) is free of any identifiable environmental
8            hazard or
9                (ii) is subject to a management plan, provided
10            by the seller and acceptable to the State, to
11            address the known environmental hazard;
12            (F) the building, land, or facilities satisfy
13        applicable accessibility and applicable building
14        codes; and
15            (G) the State's cost to lease purchase or
16        installment purchase the building, land, or facilities
17        is less than the cost to lease space of comparable
18        quality, size, and location over the lease purchase or
19        installment purchase term.
20        (2) The Department shall establish the methodology for
21    comparing lease costs to the costs of installment or lease
22    purchases. The cost comparison shall take into account all
23    relevant cost factors, including, but not limited to, debt
24    service, operating and maintenance costs, insurance and
25    risk costs, real estate taxes, reserves for replacement and
26    repairs, security costs, and utilities. The methodology

 

 

10000HB0129ham001- 44 -LRB100 03797 RJF 43335 a

1    shall also provide:
2            (A) that the comparison will be made using level
3        payment plans; and
4            (B) that a purchase price must not exceed the fair
5        market value of the buildings, land, or facilities and
6        that the purchase price must be substantiated by an
7        appraisal or by a competitive selection process.
8        (3) If the Department intends to enter into an
9    installment purchase or lease purchase agreement for
10    buildings, land, or facilities under circumstances that do
11    not satisfy the conditions specified by this Section, it
12    must issue a notice to the Secretary of the Senate and the
13    Clerk of the House. The notice shall contain (i) specific
14    details of the State's proposed purchase, including the
15    amounts, purposes, and financing terms; (ii) a specific
16    description of how the proposed purchase varies from the
17    procedures set forth in this Section; and (iii) a specific
18    justification, signed by the Director, stating why it is in
19    the State's best interests to proceed with the purchase.
20    The Department may not proceed with such an installment
21    purchase or lease purchase agreement if, within 60 calendar
22    days after delivery of the notice, the General Assembly, by
23    joint resolution, disapproves the transaction. Delivery
24    may take place on a day and at an hour when the Senate and
25    House are not in session so long as the offices of
26    Secretary and Clerk are open to receive the notice. In

 

 

10000HB0129ham001- 45 -LRB100 03797 RJF 43335 a

1    determining the 60-day period within which the General
2    Assembly must act, the day on which delivery is made to the
3    Senate and House shall not be counted. If delivery of the
4    notice to the 2 houses occurs on different days, the 60-day
5    period shall begin on the day following the later delivery.
6        (4) On or before February 15 of each year, the
7    Department shall submit an annual report to the Director of
8    the Governor's Office of Management and Budget and the
9    General Assembly regarding installment purchases or lease
10    purchases of buildings, land, or facilities that were
11    entered into during the preceding calendar year. The report
12    shall include a summary statement of the aggregate amount
13    of the State's obligations under those purchases; specific
14    details pertaining to each purchase, including the
15    amounts, purposes, and financing terms and payment
16    schedule for each purchase; and any other matter that the
17    Department deems advisable. The report shall also contain
18    an analysis of all leases that meet both of the following
19    criteria: (1) the lease contains a purchase option clause;
20    and (2) the third full year of the lease has been
21    completed. That analysis shall include, without
22    limitation, a recommendation of whether it is in the
23    State's best interest to exercise the purchase option or to
24    seek to renew the lease without exercising the clause.
25        The requirement for reporting shall be satisfied by
26    filing copies of the report with each of the following: (1)

 

 

10000HB0129ham001- 46 -LRB100 03797 RJF 43335 a

1    the Auditor General and ; (2) the Chairs of the
2    Appropriations Committees; (3) the Clerk of the House of
3    Representatives and the Secretary of the Senate in
4    electronic form only, in the manner that the Clerk and the
5    Secretary shall direct; (4) the Legislative Research Unit;
6    and (5) the State Government Report Distribution Center for
7    the General Assembly as is required under paragraph (t) of
8    Section 7 of the State Library Act.
9(Source: P.A. 99-143, eff. 7-27-15; 100-1109, eff. 1-1-19.)
 
10    Section 30. The Personnel Code is amended by changing
11Sections 4c and 9 as follows:
 
12    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
13    Sec. 4c. General exemptions. The following positions in
14State service shall be exempt from jurisdictions A, B, and C,
15unless the jurisdictions shall be extended as provided in this
16Act:
17        (1) All officers elected by the people.
18        (2) All positions under the Lieutenant Governor,
19    Secretary of State, State Treasurer, State Comptroller,
20    State Board of Education, Clerk of the Supreme Court,
21    Attorney General, and State Board of Elections.
22        (3) Judges, and officers and employees of the courts,
23    and notaries public.
24        (4) All officers and employees of the Illinois General

 

 

10000HB0129ham001- 47 -LRB100 03797 RJF 43335 a

1    Assembly, all employees of legislative commissions, all
2    officers and employees of the Illinois Legislative
3    Reference Bureau, the Legislative Research Unit, and the
4    Legislative Printing Unit.
5        (5) All positions in the Illinois National Guard and
6    Illinois State Guard, paid from federal funds or positions
7    in the State Military Service filled by enlistment and paid
8    from State funds.
9        (6) All employees of the Governor at the executive
10    mansion and on his immediate personal staff.
11        (7) Directors of Departments, the Adjutant General,
12    the Assistant Adjutant General, the Director of the
13    Illinois Emergency Management Agency, members of boards
14    and commissions, and all other positions appointed by the
15    Governor by and with the consent of the Senate.
16        (8) The presidents, other principal administrative
17    officers, and teaching, research and extension faculties
18    of Chicago State University, Eastern Illinois University,
19    Governors State University, Illinois State University,
20    Northeastern Illinois University, Northern Illinois
21    University, Western Illinois University, the Illinois
22    Community College Board, Southern Illinois University,
23    Illinois Board of Higher Education, University of
24    Illinois, State Universities Civil Service System,
25    University Retirement System of Illinois, and the
26    administrative officers and scientific and technical staff

 

 

10000HB0129ham001- 48 -LRB100 03797 RJF 43335 a

1    of the Illinois State Museum.
2        (9) All other employees except the presidents, other
3    principal administrative officers, and teaching, research
4    and extension faculties of the universities under the
5    jurisdiction of the Board of Regents and the colleges and
6    universities under the jurisdiction of the Board of
7    Governors of State Colleges and Universities, Illinois
8    Community College Board, Southern Illinois University,
9    Illinois Board of Higher Education, Board of Governors of
10    State Colleges and Universities, the Board of Regents,
11    University of Illinois, State Universities Civil Service
12    System, University Retirement System of Illinois, so long
13    as these are subject to the provisions of the State
14    Universities Civil Service Act.
15        (10) The State Police so long as they are subject to
16    the merit provisions of the State Police Act.
17        (11) (Blank).
18        (12) The technical and engineering staffs of the
19    Department of Transportation, the Department of Nuclear
20    Safety, the Pollution Control Board, and the Illinois
21    Commerce Commission, and the technical and engineering
22    staff providing architectural and engineering services in
23    the Department of Central Management Services.
24        (13) All employees of the Illinois State Toll Highway
25    Authority.
26        (14) The Secretary of the Illinois Workers'

 

 

10000HB0129ham001- 49 -LRB100 03797 RJF 43335 a

1    Compensation Commission.
2        (15) All persons who are appointed or employed by the
3    Director of Insurance under authority of Section 202 of the
4    Illinois Insurance Code to assist the Director of Insurance
5    in discharging his responsibilities relating to the
6    rehabilitation, liquidation, conservation, and dissolution
7    of companies that are subject to the jurisdiction of the
8    Illinois Insurance Code.
9        (16) All employees of the St. Louis Metropolitan Area
10    Airport Authority.
11        (17) All investment officers employed by the Illinois
12    State Board of Investment.
13        (18) Employees of the Illinois Young Adult
14    Conservation Corps program, administered by the Illinois
15    Department of Natural Resources, authorized grantee under
16    Title VIII of the Comprehensive Employment and Training Act
17    of 1973, 29 USC 993.
18        (19) Seasonal employees of the Department of
19    Agriculture for the operation of the Illinois State Fair
20    and the DuQuoin State Fair, no one person receiving more
21    than 29 days of such employment in any calendar year.
22        (20) All "temporary" employees hired under the
23    Department of Natural Resources' Illinois Conservation
24    Service, a youth employment program that hires young people
25    to work in State parks for a period of one year or less.
26        (21) All hearing officers of the Human Rights

 

 

10000HB0129ham001- 50 -LRB100 03797 RJF 43335 a

1    Commission.
2        (22) All employees of the Illinois Mathematics and
3    Science Academy.
4        (23) All employees of the Kankakee River Valley Area
5    Airport Authority.
6        (24) The commissioners and employees of the Executive
7    Ethics Commission.
8        (25) The Executive Inspectors General, including
9    special Executive Inspectors General, and employees of
10    each Office of an Executive Inspector General.
11        (26) The commissioners and employees of the
12    Legislative Ethics Commission.
13        (27) The Legislative Inspector General, including
14    special Legislative Inspectors General, and employees of
15    the Office of the Legislative Inspector General.
16        (28) The Auditor General's Inspector General and
17    employees of the Office of the Auditor General's Inspector
18    General.
19        (29) All employees of the Illinois Power Agency.
20        (30) Employees having demonstrable, defined advanced
21    skills in accounting, financial reporting, or technical
22    expertise who are employed within executive branch
23    agencies and whose duties are directly related to the
24    submission to the Office of the Comptroller of financial
25    information for the publication of the Comprehensive
26    Annual Financial Report (CAFR).

 

 

10000HB0129ham001- 51 -LRB100 03797 RJF 43335 a

1        (31) All employees of the Illinois Sentencing Policy
2    Advisory Council.
3(Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12;
498-65, eff. 7-15-13.)
 
5    (20 ILCS 415/9)  (from Ch. 127, par. 63b109)
6    Sec. 9. Director, powers and duties. The Director, as
7executive head of the Department, shall direct and supervise
8all its administrative and technical activities. In addition to
9the duties imposed upon him elsewhere in this law, it shall be
10his duty:
11        (1) To apply and carry out this law and the rules
12    adopted thereunder.
13        (2) To attend meetings of the Commission.
14        (3) To establish and maintain a roster of all employees
15    subject to this Act, in which there shall be set forth, as
16    to each employee, the class, title, pay, status, and other
17    pertinent data.
18        (4) To appoint, subject to the provisions of this Act,
19    such employees of the Department and such experts and
20    special assistants as may be necessary to carry out
21    effectively this law.
22        (5) Subject to such exemptions or modifications as may
23    be necessary to assure the continuity of federal
24    contributions in those agencies supported in whole or in
25    part by federal funds, to make appointments to vacancies;

 

 

10000HB0129ham001- 52 -LRB100 03797 RJF 43335 a

1    to approve all written charges seeking discharge,
2    demotion, or other disciplinary measures provided in this
3    Act and to approve transfers of employees from one
4    geographical area to another in the State, in offices,
5    positions or places of employment covered by this Act,
6    after consultation with the operating unit.
7        (6) To formulate and administer service wide policies
8    and programs for the improvement of employee
9    effectiveness, including training, safety, health,
10    incentive recognition, counseling, welfare and employee
11    relations. The Department shall formulate and administer
12    recruitment plans and testing of potential employees for
13    agencies having direct contact with significant numbers of
14    non-English speaking or otherwise culturally distinct
15    persons. The Department shall require each State agency to
16    annually assess the need for employees with appropriate
17    bilingual capabilities to serve the significant numbers of
18    non-English speaking or culturally distinct persons. The
19    Department shall develop a uniform procedure for assessing
20    an agency's need for employees with appropriate bilingual
21    capabilities. Agencies shall establish occupational titles
22    or designate positions as "bilingual option" for persons
23    having sufficient linguistic ability or cultural knowledge
24    to be able to render effective service to such persons. The
25    Department shall ensure that any such option is exercised
26    according to the agency's needs assessment and the

 

 

10000HB0129ham001- 53 -LRB100 03797 RJF 43335 a

1    requirements of this Code. The Department shall make annual
2    reports of the needs assessment of each agency and the
3    number of positions calling for non-English linguistic
4    ability to whom vacancy postings were sent, and the number
5    filled by each agency. Such policies and programs shall be
6    subject to approval by the Governor. Such policies, program
7    reports and needs assessment reports shall be filed with
8    the General Assembly by January 1 of each year and shall be
9    available to the public.
10        The Department shall include within the report
11    required above the number of persons receiving the
12    bilingual pay supplement established by Section 8a.2 of
13    this Code. The report shall provide the number of persons
14    receiving the bilingual pay supplement for languages other
15    than English and for signing. The report shall also
16    indicate the number of persons, by the categories of
17    Hispanic and non-Hispanic, who are receiving the bilingual
18    pay supplement for language skills other than signing, in a
19    language other than English.
20        (7) To conduct negotiations affecting pay, hours of
21    work, or other working conditions of employees subject to
22    this Act.
23        (8) To make continuing studies to improve the
24    efficiency of State services to the residents of Illinois,
25    including but not limited to those who are non-English
26    speaking or culturally distinct, and to report his findings

 

 

10000HB0129ham001- 54 -LRB100 03797 RJF 43335 a

1    and recommendations to the Commission and the Governor.
2        (9) To investigate from time to time the operation and
3    effect of this law and the rules made thereunder and to
4    report his findings and recommendations to the Commission
5    and to the Governor.
6        (10) To make an annual report regarding the work of the
7    Department, and such special reports as he may consider
8    desirable, to the Commission and to the Governor, or as the
9    Governor or Commission may request.
10        (11) (Blank).
11        (12) To prepare and publish a semi-annual statement
12    showing the number of employees exempt and non-exempt from
13    merit selection in each department. This report shall be in
14    addition to other information on merit selection
15    maintained for public information under existing law.
16        (13) To authorize in every department or agency subject
17    to Jurisdiction C the use of flexible hours positions. A
18    flexible hours position is one that does not require an
19    ordinary work schedule as determined by the Department and
20    includes but is not limited to: 1) a part time job of 20
21    hours or more per week, 2) a job which is shared by 2
22    employees or a compressed work week consisting of an
23    ordinary number of working hours performed on fewer than
24    the number of days ordinarily required to perform that job.
25    The Department may define flexible time to include other
26    types of jobs that are defined above.

 

 

10000HB0129ham001- 55 -LRB100 03797 RJF 43335 a

1        The Director and the director of each department or
2    agency shall together establish goals for flexible hours
3    positions to be available in every department or agency.
4        The Department shall give technical assistance to
5    departments and agencies in achieving their goals, and
6    shall report to the Governor and the General Assembly each
7    year on the progress of each department and agency.
8        When a goal of 10% of the positions in a department or
9    agency being available on a flexible hours basis has been
10    reached, the Department shall evaluate the effectiveness
11    and efficiency of the program and determine whether to
12    expand the number of positions available for flexible hours
13    to 20%.
14        When a goal of 20% of the positions in a department or
15    agency being available on a flexible hours basis has been
16    reached, the Department shall evaluate the effectiveness
17    and efficiency of the program and determine whether to
18    expand the number of positions available for flexible
19    hours.
20        Each department shall develop a plan for
21    implementation of flexible work requirements designed to
22    reduce the need for day care of employees' children outside
23    the home. Each department shall submit a report of its plan
24    to the Department of Central Management Services and the
25    General Assembly. This report shall be submitted
26    biennially by March 1, with the first report due March 1,

 

 

10000HB0129ham001- 56 -LRB100 03797 RJF 43335 a

1    1993.
2        (14) To perform any other lawful acts which he may
3    consider necessary or desirable to carry out the purposes
4    and provisions of this law.
5    The requirement for reporting to the General Assembly shall
6be satisfied by filing copies of the report with the Speaker,
7the Minority Leader and the Clerk of the House of
8Representatives and the President, the Minority Leader and the
9Secretary of the Senate and the Legislative Research Unit, as
10required by Section 3.1 of the General Assembly Organization
11Act "An Act to revise the law in relation to the General
12Assembly", approved February 25, 1874, as amended, and filing
13such additional copies with the State Government Report
14Distribution Center for the General Assembly as is required
15under paragraph (t) of Section 7 of the State Library Act.
16(Source: P.A. 98-692, eff. 7-1-14.)
 
17    Section 35. The Children and Family Services Act is amended
18by changing Section 5.15 as follows:
 
19    (20 ILCS 505/5.15)
20    Sec. 5.15. Daycare; Department of Human Services.
21    (a) For the purpose of ensuring effective statewide
22planning, development, and utilization of resources for the day
23care of children, operated under various auspices, the
24Department of Human Services is designated to coordinate all

 

 

10000HB0129ham001- 57 -LRB100 03797 RJF 43335 a

1day care activities for children of the State and shall develop
2or continue, and shall update every year, a State comprehensive
3day-care plan for submission to the Governor that identifies
4high-priority areas and groups, relating them to available
5resources and identifying the most effective approaches to the
6use of existing day care services. The State comprehensive
7day-care plan shall be made available to the General Assembly
8following the Governor's approval of the plan.
9    The plan shall include methods and procedures for the
10development of additional day care resources for children to
11meet the goal of reducing short-run and long-run dependency and
12to provide necessary enrichment and stimulation to the
13education of young children. Recommendations shall be made for
14State policy on optimum use of private and public, local, State
15and federal resources, including an estimate of the resources
16needed for the licensing and regulation of day care facilities.
17    A written report shall be submitted to the Governor and the
18General Assembly annually on April 15. The report shall include
19an evaluation of developments over the preceding fiscal year,
20including cost-benefit analyses of various arrangements.
21Beginning with the report in 1990 submitted by the Department's
22predecessor agency and every 2 years thereafter, the report
23shall also include the following:
24        (1) An assessment of the child care services, needs and
25    available resources throughout the State and an assessment
26    of the adequacy of existing child care services, including,

 

 

10000HB0129ham001- 58 -LRB100 03797 RJF 43335 a

1    but not limited to, services assisted under this Act and
2    under any other program administered by other State
3    agencies.
4        (2) A survey of day care facilities to determine the
5    number of qualified caregivers, as defined by rule,
6    attracted to vacant positions and any problems encountered
7    by facilities in attracting and retaining capable
8    caregivers. The report shall include an assessment, based
9    on the survey, of improvements in employee benefits that
10    may attract capable caregivers.
11        (3) The average wages and salaries and fringe benefit
12    packages paid to caregivers throughout the State, computed
13    on a regional basis, compared to similarly qualified
14    employees in other but related fields.
15        (4) The qualifications of new caregivers hired at
16    licensed day care facilities during the previous 2-year
17    period.
18        (5) Recommendations for increasing caregiver wages and
19    salaries to ensure quality care for children.
20        (6) Evaluation of the fee structure and income
21    eligibility for child care subsidized by the State.
22    The requirement for reporting to the General Assembly shall
23be satisfied by filing copies of the report with the Speaker,
24the Minority Leader, and the Clerk of the House of
25Representatives, the President, the Minority Leader, and the
26Secretary of the Senate, and the Legislative Research Unit, as

 

 

10000HB0129ham001- 59 -LRB100 03797 RJF 43335 a

1required by Section 3.1 of the General Assembly Organization
2Act, and filing such additional copies with the State
3Government Report Distribution Center for the General Assembly
4as is required under paragraph (t) of Section 7 of the State
5Library Act.
6    (b) The Department of Human Services shall establish
7policies and procedures for developing and implementing
8interagency agreements with other agencies of the State
9providing child care services or reimbursement for such
10services. The plans shall be annually reviewed and modified for
11the purpose of addressing issues of applicability and service
12system barriers.
13    (c) In cooperation with other State agencies, the
14Department of Human Services shall develop and implement, or
15shall continue, a resource and referral system for the State of
16Illinois either within the Department or by contract with local
17or regional agencies. Funding for implementation of this system
18may be provided through Department appropriations or other
19inter-agency funding arrangements. The resource and referral
20system shall provide at least the following services:
21        (1) Assembling and maintaining a data base on the
22    supply of child care services.
23        (2) Providing information and referrals for parents.
24        (3) Coordinating the development of new child care
25    resources.
26        (4) Providing technical assistance and training to

 

 

10000HB0129ham001- 60 -LRB100 03797 RJF 43335 a

1    child care service providers.
2        (5) Recording and analyzing the demand for child care
3    services.
4    (d) The Department of Human Services shall conduct day care
5planning activities with the following priorities:
6        (1) Development of voluntary day care resources
7    wherever possible, with the provision for grants-in-aid
8    only where demonstrated to be useful and necessary as
9    incentives or supports. By January 1, 2002, the Department
10    shall design a plan to create more child care slots as well
11    as goals and timetables to improve quality and
12    accessibility of child care.
13        (2) Emphasis on service to children of recipients of
14    public assistance when such service will allow training or
15    employment of the parent toward achieving the goal of
16    independence.
17        (3) (Blank).
18        (4) Care of children from families in stress and crises
19    whose members potentially may become, or are in danger of
20    becoming, non-productive and dependent.
21        (5) Expansion of family day care facilities wherever
22    possible.
23        (6) Location of centers in economically depressed
24    neighborhoods, preferably in multi-service centers with
25    cooperation of other agencies. The Department shall
26    coordinate the provision of grants, but only to the extent

 

 

10000HB0129ham001- 61 -LRB100 03797 RJF 43335 a

1    funds are specifically appropriated for this purpose, to
2    encourage the creation and expansion of child care centers
3    in high need communities to be issued by the State,
4    business, and local governments.
5        (7) Use of existing facilities free of charge or for
6    reasonable rental whenever possible in lieu of
7    construction.
8        (8) Development of strategies for assuring a more
9    complete range of day care options, including provision of
10    day care services in homes, in schools, or in centers,
11    which will enable a parent or parents to complete a course
12    of education or obtain or maintain employment and the
13    creation of more child care options for swing shift,
14    evening, and weekend workers and for working women with
15    sick children. The Department shall encourage companies to
16    provide child care in their own offices or in the building
17    in which the corporation is located so that employees of
18    all the building's tenants can benefit from the facility.
19        (9) Development of strategies for subsidizing students
20    pursuing degrees in the child care field.
21        (10) Continuation and expansion of service programs
22    that assist teen parents to continue and complete their
23    education.
24    Emphasis shall be given to support services that will help
25to ensure such parents' graduation from high school and to
26services for participants in any programs of job training

 

 

10000HB0129ham001- 62 -LRB100 03797 RJF 43335 a

1conducted by the Department.
2    (e) The Department of Human Services shall actively
3stimulate the development of public and private resources at
4the local level. It shall also seek the fullest utilization of
5federal funds directly or indirectly available to the
6Department.
7    Where appropriate, existing non-governmental agencies or
8associations shall be involved in planning by the Department.
9    (f) To better accommodate the child care needs of low
10income working families, especially those who receive
11Temporary Assistance for Needy Families (TANF) or who are
12transitioning from TANF to work, or who are at risk of
13depending on TANF in the absence of child care, the Department
14shall complete a study using outcome-based assessment
15measurements to analyze the various types of child care needs,
16including but not limited to: child care homes; child care
17facilities; before and after school care; and evening and
18weekend care. Based upon the findings of the study, the
19Department shall develop a plan by April 15, 1998, that
20identifies the various types of child care needs within various
21geographic locations. The plan shall include, but not be
22limited to, the special needs of parents and guardians in need
23of non-traditional child care services such as early mornings,
24evenings, and weekends; the needs of very low income families
25and children and how they might be better served; and
26strategies to assist child care providers to meet the needs and

 

 

10000HB0129ham001- 63 -LRB100 03797 RJF 43335 a

1schedules of low income families.
2(Source: P.A. 92-468, eff. 8-22-01.)
 
3    Section 40. The Administration of Psychotropic Medications
4to Children Act is amended by changing Section 15 as follows:
 
5    (20 ILCS 535/15)
6    Sec. 15. Annual report.
7    (a) No later than December 31 of each year, the Department
8shall prepare and submit an annual report, covering the
9previous fiscal year, to the General Assembly concerning the
10administration of psychotropic medication to persons for whom
11it is legally responsible. This report shall include, but is
12not limited to, the following:
13        (1) The number of violations of any rule enacted
14    pursuant to Section 5 of this Act.
15        (2) The number of warnings issued pursuant to
16    subsection (b) of Section 10 of this Act.
17        (3) The number of physicians who have been issued
18    warnings pursuant to subsection (b) of Section 10 of this
19    Act.
20        (4) The number of physicians who have been reported to
21    the Department of Financial and Professional Regulation
22    pursuant to subsection (c) of Section 10 of this Act, and,
23    if available, the results of such reports.
24        (5) The number of facilities that have been reported to

 

 

10000HB0129ham001- 64 -LRB100 03797 RJF 43335 a

1    the Department of Public Health pursuant to subsection (d)
2    of Section 10 of this Act and, if available, the results of
3    such reports.
4        (6) The number of Department-licensed facilities that
5    have been the subject of licensing complaints pursuant to
6    subsection (f) of Section 10 of this Act, and if available,
7    the results of the complaint investigations.
8        (7) Any recommendations for legislative changes or
9    amendments to any of its rules or procedures established or
10    maintained in compliance with this Act.
11    (b) The requirement for reporting to the General Assembly
12shall be satisfied by filing copies of the report with the
13Speaker, the Minority Leader, and the Clerk of the House of
14Representatives, the President, the Minority Leader, and the
15Secretary of the Senate, and the Legislative Research Unit, as
16required by Section 3.1 of the General Assembly Organization
17Act and by filing additional copies with the State Government
18Report Distribution Center for the General Assembly as required
19under paragraph (t) of Section 7 of the State Library Act.
20(Source: P.A. 97-245, eff. 8-4-11.)
 
21    Section 45. The Energy Policy and Planning Act is amended
22by changing Section 4 as follows:
 
23    (20 ILCS 1120/4)  (from Ch. 96 1/2, par. 7804)
24    Sec. 4. Authority. (1) The Department in addition to its

 

 

10000HB0129ham001- 65 -LRB100 03797 RJF 43335 a

1preparation of energy contingency plans, shall also analyze,
2prepare, and recommend a comprehensive energy plan for the
3State of Illinois.
4    The plan shall identify emerging trends related to energy
5supply, demand, conservation, public health and safety
6factors, and should specify the levels of statewide and service
7area energy needs, past, present, and estimated future demand,
8as well as the potential social, economic, or environmental
9effects caused by the continuation of existing trends and by
10the various alternatives available to the State. The plan shall
11also conform to the requirements of Section 8-402 of the Public
12Utilities Act. The Department shall design programs as
13necessary to achieve the purposes of this Act and the planning
14objectives of The Public Utilities Act. The Department's energy
15plan, and any programs designed pursuant to this Section shall
16be filed with the Commission in accordance with the
17Commission's planning responsibilities and hearing
18requirements related thereto. The Department shall
19periodically review the plan, objectives and programs at least
20every 2 years, and the results of such review and any resulting
21changes in the Department's plan or programs shall be filed
22with the Commission.
23    The Department's plan and programs and any review thereof,
24shall also be filed with the Governor, the General Assembly,
25and the Public Counsel, and shall be available to the public
26upon request.

 

 

10000HB0129ham001- 66 -LRB100 03797 RJF 43335 a

1    The requirement for reporting to the General Assembly shall
2be satisfied by filing copies of the report with the Speaker,
3the Minority Leader and the Clerk of the House of
4Representatives and the President, the Minority Leader and the
5Secretary of the Senate and the Legislative Research Unit, as
6required by Section 3.1 of the General Assembly Organization
7Act "An Act to revise the law in relation to the General
8Assembly", approved February 25, 1874, as amended, and filing
9such 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(Source: P.A. 84-617.)
 
13    Section 50. The Mental Health and Developmental
14Disabilities Administrative Act is amended by changing Section
1573 as follows:
 
16    (20 ILCS 1705/73)
17    Sec. 73. Report; Williams v. Quinn consent decree.
18    (a) Annual Report.
19        (1) No later than December 31, 2011, and on December
20    31st of each of the following 4 years, the Department of
21    Human Services shall prepare and submit an annual report to
22    the General Assembly concerning the implementation of the
23    Williams v. Quinn consent decree and other efforts to move
24    persons with mental illnesses from institutional settings

 

 

10000HB0129ham001- 67 -LRB100 03797 RJF 43335 a

1    to community-based settings. This report shall include:
2            (A) The number of persons who have been moved from
3        long-term care facilities to community-based settings
4        during the previous year and the number of persons
5        projected to be moved during the next year.
6            (B) Any implementation or compliance reports
7        prepared by the State for the Court or the
8        court-appointed monitor in Williams v. Quinn.
9            (C) Any reports from the court-appointed monitor
10        or findings by the Court reflecting the Department's
11        compliance or failure to comply with the Williams v.
12        Quinn consent decree and any other order issued during
13        that proceeding.
14            (D) Statistics reflecting the number and types of
15        community-based services provided to persons who have
16        been moved from long-term care facilities to
17        community-based settings.
18            (E) Any additional community-based services which
19        are or will be needed in order to ensure maximum
20        community integration as provided for by the Williams
21        v. Quinn consent decree, and the Department's plan for
22        providing these services.
23            (F) Any and all costs associated with
24        transitioning residents from institutional settings to
25        community-based settings, including, but not limited
26        to, the cost of residential services, the cost of

 

 

10000HB0129ham001- 68 -LRB100 03797 RJF 43335 a

1        outpatient treatment, and the cost of all community
2        support services facilitating the community-based
3        setting.
4        (2) The requirement for reporting to the General
5    Assembly shall be satisfied by filing copies of the report
6    with the Speaker, Minority Leader, and Clerk of the House
7    of Representatives; the President, Minority Leader, and
8    Secretary of the Senate; and the Legislative Research Unit,
9    as required by Section 3.1 of the General Assembly
10    Organization Act, and by filing additional copies with the
11    State Government Report Distribution Center for the
12    General Assembly as required under paragraph (t) of Section
13    7 of the State Library Act.
14    (b) Department rule. The Department of Human Services shall
15draft and promulgate a new rule governing community-based
16residential settings. The new rule for community-based
17residential settings shall include settings that offer to
18persons with serious mental illness (i) community-based
19residential recovery-oriented mental health care, treatment,
20and services; and (ii) community-based residential mental
21health and co-occurring substance use disorder care,
22treatment, and services.
23    Community-based residential settings shall honor a
24consumer's choice as well as a consumer's right to live in the:
25        (1) Least restrictive environment.
26        (2) Most appropriate integrated setting.

 

 

10000HB0129ham001- 69 -LRB100 03797 RJF 43335 a

1        (3) Least restrictive environment and most appropriate
2    integrated setting designed to assist the individual in
3    living in a safe, appropriate, and therapeutic
4    environment.
5        (4) Least restrictive environment and most appropriate
6    integrated setting that affords the person the opportunity
7    to live similarly to persons without serious mental
8    illness.
9    The new rule for community-based residential settings
10shall be drafted in such a manner as to delineate
11State-supported care, treatment, and services appropriately
12governed within the new rule, and shall continue eligibility
13for eligible individuals in programs governed by Title 59, Part
14132 of the Illinois Administrative Code. The Department shall
15draft a new rule for community-based residential settings by
16January 1, 2012. The new rule must include, but shall not be
17limited to, standards for:
18        (i) Administrative requirements.
19        (ii) Monitoring, review, and reporting.
20        (iii) Certification requirements.
21        (iv) Life safety.
22    (c) Study of housing and residential services. By no later
23than October 1, 2011, the Department shall conduct a statewide
24study to assess the existing types of community-based housing
25and residential services currently being provided to
26individuals with mental illnesses in Illinois. This study shall

 

 

10000HB0129ham001- 70 -LRB100 03797 RJF 43335 a

1include State-funded and federally funded housing and
2residential services. The results of this study shall be used
3to inform the rulemaking process outlined in subsection (b).
4(Source: P.A. 97-529, eff. 8-23-11; 97-813, eff. 7-13-12.)
 
5    Section 55. The Rehabilitation of Persons with
6Disabilities Act is amended by changing Section 3 as follows:
 
7    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
8    Sec. 3. Powers and duties. The Department shall have the
9powers and duties enumerated herein:
10        (a) To co-operate with the federal government in the
11    administration of the provisions of the federal
12    Rehabilitation Act of 1973, as amended, of the Workforce
13    Innovation and Opportunity Act, and of the federal Social
14    Security Act to the extent and in the manner provided in
15    these Acts.
16        (b) To prescribe and supervise such courses of
17    vocational training and provide such other services as may
18    be necessary for the habilitation and rehabilitation of
19    persons with one or more disabilities, including the
20    administrative activities under subsection (e) of this
21    Section, and to co-operate with State and local school
22    authorities and other recognized agencies engaged in
23    habilitation, rehabilitation and comprehensive
24    rehabilitation services; and to cooperate with the

 

 

10000HB0129ham001- 71 -LRB100 03797 RJF 43335 a

1    Department of Children and Family Services regarding the
2    care and education of children with one or more
3    disabilities.
4        (c) (Blank).
5        (d) To report in writing, to the Governor, annually on
6    or before the first day of December, and at such other
7    times and in such manner and upon such subjects as the
8    Governor may require. The annual report shall contain (1) a
9    statement of the existing condition of comprehensive
10    rehabilitation services, habilitation and rehabilitation
11    in the State; (2) a statement of suggestions and
12    recommendations with reference to the development of
13    comprehensive rehabilitation services, habilitation and
14    rehabilitation in the State; and (3) an itemized statement
15    of the amounts of money received from federal, State and
16    other sources, and of the objects and purposes to which the
17    respective items of these several amounts have been
18    devoted.
19        (e) (Blank).
20        (f) To establish a program of services to prevent the
21    unnecessary institutionalization of persons in need of
22    long term care and who meet the criteria for blindness or
23    disability as defined by the Social Security Act, thereby
24    enabling them to remain in their own homes. Such preventive
25    services include any or all of the following:
26            (1) personal assistant services;

 

 

10000HB0129ham001- 72 -LRB100 03797 RJF 43335 a

1            (2) homemaker services;
2            (3) home-delivered meals;
3            (4) adult day care services;
4            (5) respite care;
5            (6) home modification or assistive equipment;
6            (7) home health services;
7            (8) electronic home response;
8            (9) brain injury behavioral/cognitive services;
9            (10) brain injury habilitation;
10            (11) brain injury pre-vocational services; or
11            (12) brain injury supported employment.
12        The Department shall establish eligibility standards
13    for such services taking into consideration the unique
14    economic and social needs of the population for whom they
15    are to be provided. Such eligibility standards may be based
16    on the recipient's ability to pay for services; provided,
17    however, that any portion of a person's income that is
18    equal to or less than the "protected income" level shall
19    not be considered by the Department in determining
20    eligibility. The "protected income" level shall be
21    determined by the Department, shall never be less than the
22    federal poverty standard, and shall be adjusted each year
23    to reflect changes in the Consumer Price Index For All
24    Urban Consumers as determined by the United States
25    Department of Labor. The standards must provide that a
26    person may not have more than $10,000 in assets to be

 

 

10000HB0129ham001- 73 -LRB100 03797 RJF 43335 a

1    eligible for the services, and the Department may increase
2    or decrease the asset limitation by rule. The Department
3    may not decrease the asset level below $10,000.
4        The services shall be provided, as established by the
5    Department by rule, to eligible persons to prevent
6    unnecessary or premature institutionalization, to the
7    extent that the cost of the services, together with the
8    other personal maintenance expenses of the persons, are
9    reasonably related to the standards established for care in
10    a group facility appropriate to their condition. These
11    non-institutional services, pilot projects or experimental
12    facilities may be provided as part of or in addition to
13    those authorized by federal law or those funded and
14    administered by the Illinois Department on Aging. The
15    Department shall set rates and fees for services in a fair
16    and equitable manner. Services identical to those offered
17    by the Department on Aging shall be paid at the same rate.
18        Except as otherwise provided in this paragraph,
19    personal assistants shall be paid at a rate negotiated
20    between the State and an exclusive representative of
21    personal assistants under a collective bargaining
22    agreement. In no case shall the Department pay personal
23    assistants an hourly wage that is less than the federal
24    minimum wage. Within 30 days after July 6, 2017 (the
25    effective date of Public Act 100-23), the hourly wage paid
26    to personal assistants and individual maintenance home

 

 

10000HB0129ham001- 74 -LRB100 03797 RJF 43335 a

1    health workers shall be increased by $0.48 per hour.
2        Solely for the purposes of coverage under the Illinois
3    Public Labor Relations Act, personal assistants providing
4    services under the Department's Home Services Program
5    shall be considered to be public employees and the State of
6    Illinois shall be considered to be their employer as of
7    July 16, 2003 (the effective date of Public Act 93-204),
8    but not before. Solely for the purposes of coverage under
9    the Illinois Public Labor Relations Act, home care and home
10    health workers who function as personal assistants and
11    individual maintenance home health workers and who also
12    provide services under the Department's Home Services
13    Program shall be considered to be public employees, no
14    matter whether the State provides such services through
15    direct fee-for-service arrangements, with the assistance
16    of a managed care organization or other intermediary, or
17    otherwise, and the State of Illinois shall be considered to
18    be the employer of those persons as of January 29, 2013
19    (the effective date of Public Act 97-1158), but not before
20    except as otherwise provided under this subsection (f). The
21    State shall engage in collective bargaining with an
22    exclusive representative of home care and home health
23    workers who function as personal assistants and individual
24    maintenance home health workers working under the Home
25    Services Program concerning their terms and conditions of
26    employment that are within the State's control. Nothing in

 

 

10000HB0129ham001- 75 -LRB100 03797 RJF 43335 a

1    this paragraph shall be understood to limit the right of
2    the persons receiving services defined in this Section to
3    hire and fire home care and home health workers who
4    function as personal assistants and individual maintenance
5    home health workers working under the Home Services Program
6    or to supervise them within the limitations set by the Home
7    Services Program. The State shall not be considered to be
8    the employer of home care and home health workers who
9    function as personal assistants and individual maintenance
10    home health workers working under the Home Services Program
11    for any purposes not specifically provided in Public Act
12    93-204 or Public Act 97-1158, including but not limited to,
13    purposes of vicarious liability in tort and purposes of
14    statutory retirement or health insurance benefits. Home
15    care and home health workers who function as personal
16    assistants and individual maintenance home health workers
17    and who also provide services under the Department's Home
18    Services Program shall not be covered by the State
19    Employees Group Insurance Act of 1971.
20        The Department shall execute, relative to nursing home
21    prescreening, as authorized by Section 4.03 of the Illinois
22    Act on the Aging, written inter-agency agreements with the
23    Department on Aging and the Department of Healthcare and
24    Family Services, to effect the intake procedures and
25    eligibility criteria for those persons who may need long
26    term care. On and after July 1, 1996, all nursing home

 

 

10000HB0129ham001- 76 -LRB100 03797 RJF 43335 a

1    prescreenings for individuals 18 through 59 years of age
2    shall be conducted by the Department, or a designee of the
3    Department.
4        The Department is authorized to establish a system of
5    recipient cost-sharing for services provided under this
6    Section. The cost-sharing shall be based upon the
7    recipient's ability to pay for services, but in no case
8    shall the recipient's share exceed the actual cost of the
9    services provided. Protected income shall not be
10    considered by the Department in its determination of the
11    recipient's ability to pay a share of the cost of services.
12    The level of cost-sharing shall be adjusted each year to
13    reflect changes in the "protected income" level. The
14    Department shall deduct from the recipient's share of the
15    cost of services any money expended by the recipient for
16    disability-related expenses.
17        To the extent permitted under the federal Social
18    Security Act, the Department, or the Department's
19    authorized representative, may recover the amount of
20    moneys expended for services provided to or in behalf of a
21    person under this Section by a claim against the person's
22    estate or against the estate of the person's surviving
23    spouse, but no recovery may be had until after the death of
24    the surviving spouse, if any, and then only at such time
25    when there is no surviving child who is under age 21 or
26    blind or who has a permanent and total disability. This

 

 

10000HB0129ham001- 77 -LRB100 03797 RJF 43335 a

1    paragraph, however, shall not bar recovery, at the death of
2    the person, of moneys for services provided to the person
3    or in behalf of the person under this Section to which the
4    person was not entitled; provided that such recovery shall
5    not be enforced against any real estate while it is
6    occupied as a homestead by the surviving spouse or other
7    dependent, if no claims by other creditors have been filed
8    against the estate, or, if such claims have been filed,
9    they remain dormant for failure of prosecution or failure
10    of the claimant to compel administration of the estate for
11    the purpose of payment. This paragraph shall not bar
12    recovery from the estate of a spouse, under Sections 1915
13    and 1924 of the Social Security Act and Section 5-4 of the
14    Illinois Public Aid Code, who precedes a person receiving
15    services under this Section in death. All moneys for
16    services paid to or in behalf of the person under this
17    Section shall be claimed for recovery from the deceased
18    spouse's estate. "Homestead", as used in this paragraph,
19    means the dwelling house and contiguous real estate
20    occupied by a surviving spouse or relative, as defined by
21    the rules and regulations of the Department of Healthcare
22    and Family Services, regardless of the value of the
23    property.
24        The Department shall submit an annual report on
25    programs and services provided under this Section. The
26    report shall be filed with the Governor and the General

 

 

10000HB0129ham001- 78 -LRB100 03797 RJF 43335 a

1    Assembly on or before March 30 each year.
2        The requirement for reporting to the General Assembly
3    shall be satisfied by filing copies of the report with the
4    Speaker, the Minority Leader and the Clerk of the House of
5    Representatives and the President, the Minority Leader and
6    the Secretary of the Senate and the Legislative Research
7    Unit, as required by Section 3.1 of the General Assembly
8    Organization Act, and filing additional copies with the
9    State Government Report Distribution Center for the
10    General Assembly as required under paragraph (t) of Section
11    7 of the State Library Act.
12        (g) To establish such subdivisions of the Department as
13    shall be desirable and assign to the various subdivisions
14    the responsibilities and duties placed upon the Department
15    by law.
16        (h) To cooperate and enter into any necessary
17    agreements with the Department of Employment Security for
18    the provision of job placement and job referral services to
19    clients of the Department, including job service
20    registration of such clients with Illinois Employment
21    Security offices and making job listings maintained by the
22    Department of Employment Security available to such
23    clients.
24        (i) To possess all powers reasonable and necessary for
25    the exercise and administration of the powers, duties and
26    responsibilities of the Department which are provided for

 

 

10000HB0129ham001- 79 -LRB100 03797 RJF 43335 a

1    by law.
2        (j) (Blank).
3        (k) (Blank).
4        (l) To establish, operate, and maintain a Statewide
5    Housing Clearinghouse of information on available
6    government subsidized housing accessible to persons with
7    disabilities and available privately owned housing
8    accessible to persons with disabilities. The information
9    shall include, but not be limited to, the location, rental
10    requirements, access features and proximity to public
11    transportation of available housing. The Clearinghouse
12    shall consist of at least a computerized database for the
13    storage and retrieval of information and a separate or
14    shared toll free telephone number for use by those seeking
15    information from the Clearinghouse. Department offices and
16    personnel throughout the State shall also assist in the
17    operation of the Statewide Housing Clearinghouse.
18    Cooperation with local, State, and federal housing
19    managers shall be sought and extended in order to
20    frequently and promptly update the Clearinghouse's
21    information.
22        (m) To assure that the names and case records of
23    persons who received or are receiving services from the
24    Department, including persons receiving vocational
25    rehabilitation, home services, or other services, and
26    those attending one of the Department's schools or other

 

 

10000HB0129ham001- 80 -LRB100 03797 RJF 43335 a

1    supervised facility shall be confidential and not be open
2    to the general public. Those case records and reports or
3    the information contained in those records and reports
4    shall be disclosed by the Director only to proper law
5    enforcement officials, individuals authorized by a court,
6    the General Assembly or any committee or commission of the
7    General Assembly, and other persons and for reasons as the
8    Director designates by rule. Disclosure by the Director may
9    be only in accordance with other applicable law.
10(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
11100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff.
128-14-18.)
 
13    Section 60. The Department of Transportation Law of the
14Civil Administrative Code of Illinois is amended by changing
15Section 2705-205 as follows:
 
16    (20 ILCS 2705/2705-205)  (was 20 ILCS 2705/49.21)
17    Sec. 2705-205. Study of demand for transportation. The
18Department has the power, in cooperation with State
19universities and other research oriented institutions, to
20study the extent and nature of the demand for transportation
21and to collect and assemble information regarding the most
22feasible, technical and socio-economic solutions for meeting
23that demand and the costs thereof. The Department has the power
24to report to the Governor and the General Assembly, by February

 

 

10000HB0129ham001- 81 -LRB100 03797 RJF 43335 a

115 of each odd-numbered year, the results of the study and
2recommendations based on the study.
3    The requirement for reporting to the General Assembly shall
4be satisfied by filing copies of the report with the Speaker,
5the Minority Leader, and the Clerk of the House of
6Representatives and the President, the Minority Leader, and the
7Secretary of the Senate and the Legislative Research Unit, as
8required by Section 3.1 of the General Assembly Organization
9Act and by filing additional copies with the State Government
10Report Distribution Center for the General Assembly as is
11required under paragraph (t) of Section 7 of the State Library
12Act.
13(Source: P.A. 91-239, eff. 1-1-00.)
 
14    Section 65. The Governor's Office of Management and Budget
15Act is amended by changing Section 5.1 as follows:
 
16    (20 ILCS 3005/5.1)  (from Ch. 127, par. 415)
17    Sec. 5.1. Under such regulations as the Governor may
18prescribe, every State agency, other than State colleges and
19universities, agencies of legislative and judicial branches of
20State government, and elected State executive officers not
21including the Governor, shall file with the Commission on
22Government Forecasting and Accountability Legislative Research
23Unit all applications for federal grants, contracts and
24agreements. The Commission on Government Forecasting and

 

 

10000HB0129ham001- 82 -LRB100 03797 RJF 43335 a

1Accountability Legislative Research Unit shall immediately
2forward all such materials to the Office for the Office's
3approval. Any application for federal funds which has not
4received Office approval shall be considered void and any funds
5received as a result of such application shall be returned to
6the federal government before they are spent. Each State agency
7subject to this Section shall, at least 45 days before
8submitting its application to the federal agency, report in
9detail to the Commission on Government Forecasting and
10Accountability Legislative Research Unit what the grant is
11intended to accomplish and the specific plans for spending the
12federal dollars received pursuant to the grant. The Commission
13on Government Forecasting and Accountability Legislative
14Research Unit shall immediately forward such materials to the
15Office. The Office may approve the submission of an application
16to the federal agency in less than 45 days after its receipt by
17the Office when the Office determines that the circumstances
18require an expedited application. Such reports of applications
19and plans of expenditure shall include but shall not be limited
20to:
21        (1) an estimate of both the direct and indirect costs
22    in non-federal revenues of participation in the federal
23    program;
24        (2) the probable length of duration of the program, a
25    schedule of fund receipts and an estimate of the cost to
26    the State of maintaining the program if and when the

 

 

10000HB0129ham001- 83 -LRB100 03797 RJF 43335 a

1    federal financial assistance or grant is terminated;
2        (3) a list of State or local agencies utilizing the
3    financial assistance as direct recipients or subgrantees;
4        (4) a description of each program proposed to be funded
5    by the financial assistance or grant; and
6        (5) a description of any financial, program or planning
7    commitment on the part of the State required by the federal
8    government as a requirement for receipt of the financial
9    assistance or grant.
10    All State agencies subject to this Section shall
11immediately file with the Commission on Government Forecasting
12and Accountability Legislative Research Unit, any awards of
13federal funds and any and all changes in the programs, in
14awards, in program duration, in schedule of fund receipts, and
15in estimated costs to the State of maintaining the program if
16and when federal assistance is terminated, or in direct and
17indirect costs, of any grant under which they are or expect to
18be receiving federal funds. The Commission on Government
19Forecasting and Accountability Legislative Research Unit shall
20immediately forward such materials to the Office.
21    The Office in cooperation with the Commission on Government
22Forecasting and Accountability Legislative Research Unit shall
23develop standard forms and a system of identifying numbers for
24the applications and reports required by this Section. Upon
25receipt from the State agencies of each application and report,
26the Commission on Government Forecasting and Accountability

 

 

10000HB0129ham001- 84 -LRB100 03797 RJF 43335 a

1Legislative Research Unit shall promptly designate the
2appropriate identifying number therefor and communicate such
3number to the respective State agency, the Comptroller and the
4Office.
5    Each State agency subject to this Section shall include in
6each report to the Comptroller of the receipt of federal funds
7the identifying number applicable to the grant under which such
8funds are received.
9(Source: P.A. 93-25, eff. 6-20-03; 93-632, eff. 2-1-04.)
 
10    Section 70. The Illinois Environmental Facilities
11Financing Act is amended by changing Section 7 as follows:
 
12    (20 ILCS 3515/7)  (from Ch. 127, par. 727)
13    Sec. 7. Powers. In addition to the powers otherwise
14authorized by law, for the purposes of this Act, the State
15authority shall have the following powers together with all
16powers incidental thereto or necessary for the performance
17thereof:
18        (1) to have perpetual succession as a body politic and
19    corporate;
20        (2) to adopt bylaws for the regulation of its affairs
21    and the conduct of its business;
22        (3) to sue and be sued and to prosecute and defend
23    actions in the courts;
24        (4) to have and to use a corporate seal and to alter

 

 

10000HB0129ham001- 85 -LRB100 03797 RJF 43335 a

1    the same at pleasure;
2        (5) to maintain an office at such place or places as it
3    may designate;
4        (6) to determine the location, pursuant to the
5    Environmental Protection Act, and the manner of
6    construction of any environmental or hazardous waste
7    treatment facility to be financed under this Act and to
8    acquire, construct, reconstruct, repair, alter, improve,
9    extend, own, finance, lease, sell and otherwise dispose of
10    the facility, to enter into contracts for any and all of
11    such purposes, to designate a person as its agent to
12    determine the location and manner of construction of an
13    environmental or hazardous waste treatment facility
14    undertaken by such person under the provisions of this Act
15    and as agent of the authority to acquire, construct,
16    reconstruct, repair, alter, improve, extend, own, lease,
17    sell and otherwise dispose of the facility, and to enter
18    into contracts for any and all of such purposes;
19        (7) to finance and to lease or sell to a person any or
20    all of the environmental or hazardous waste treatment
21    facilities upon such terms and conditions as the directing
22    body considers proper, and to charge and collect rent or
23    other payments therefor and to terminate any such lease or
24    sales agreement or financing agreement upon the failure of
25    the lessee, purchaser or debtor to comply with any of the
26    obligations thereof; and to include in any such lease or

 

 

10000HB0129ham001- 86 -LRB100 03797 RJF 43335 a

1    other agreement, if desired, provisions that the lessee,
2    purchaser or debtor thereunder shall have options to renew
3    the term of the lease, sales or other agreement for such
4    period or periods and at such rent or other consideration
5    as shall be determined by the directing body or to purchase
6    any or all of the environmental or hazardous waste
7    treatment facilities for a nominal amount or otherwise or
8    that at or prior to the payment of all of the indebtedness
9    incurred by the authority for the financing of such
10    environmental or hazardous waste treatment facilities the
11    authority may convey any or all of the environmental or
12    hazardous waste treatment facilities to the lessee or
13    purchaser thereof with or without consideration;
14        (8) to issue bonds for any of its corporate purposes,
15    including a bond issuance for the purpose of financing a
16    group of projects involving environmental facilities, and
17    to refund those bonds, all as provided for in this Act and
18    subject to Section 13 of this Act;
19        (9) generally to fix and revise from time to time and
20    charge and collect rates, rents, fees and charges for the
21    use of and services furnished or to be furnished by any
22    environmental or hazardous waste treatment facility or any
23    portion thereof and to contract with any person, firm or
24    corporation or other body public or private in respect
25    thereof;
26        (10) to employ consulting engineers, architects,

 

 

10000HB0129ham001- 87 -LRB100 03797 RJF 43335 a

1    attorneys, accountants, construction and financial
2    experts, superintendents, managers and such other
3    employees and agents as may be necessary in its judgment
4    and to fix their compensation;
5        (11) to receive and accept from any public agency loans
6    or grants for or in aid of the construction of any
7    environmental facility and any portion thereof, or for
8    equipping the facility, and to receive and accept grants,
9    gifts or other contributions from any source;
10        (12) to refund outstanding obligations incurred by any
11    person to finance the cost of an environmental or hazardous
12    waste treatment facility including obligations incurred
13    for environmental or hazardous waste treatment facilities
14    undertaken and completed prior to or after the enactment of
15    this Act when the authority finds that such financing is in
16    the public interest;
17        (13) to prohibit the financing of environmental
18    facilities for new coal-fired electric steam generating
19    plants and new coal-fired industrial boilers which do not
20    use Illinois coal as the primary source of fuel;
21        (14) to set and impose appropriate financial penalties
22    on any person who receives financing from the State
23    authority based on a commitment to use Illinois coal as the
24    primary source of fuel at a new coal-fired electric utility
25    steam generating plant or new coal-fired industrial boiler
26    and later uses non-Illinois coal as the primary source of

 

 

10000HB0129ham001- 88 -LRB100 03797 RJF 43335 a

1    fuel;
2        (15) to fix, determine, charge and collect any
3    premiums, fees, charges, costs and expenses, including,
4    without limitation, any application fees, program fees,
5    commitment fees, financing charges or publication fees in
6    connection with its activities under this Act; all expenses
7    of the State authority incurred in carrying out this Act
8    are payable solely from funds provided under the authority
9    of this Act and no liability shall be incurred by any
10    authority beyond the extent to which moneys are provided
11    under this Act. All fees and moneys accumulated by the
12    Authority as provided in this Act or the Illinois Finance
13    Authority Act shall be held outside of the State treasury
14    and in the custody of the Treasurer of the Authority; and
15        (16) to do all things necessary and convenient to carry
16    out the purposes of this Act.
17    The State authority may not operate any environmental or
18hazardous waste treatment facility as a business except for the
19purpose of protecting or maintaining such facility as security
20for bonds of the State authority. No environmental or hazardous
21waste treatment facilities completed prior to January 1, 1970
22may be financed by the State authority under this Act, but
23additions and improvements to such environmental or hazardous
24waste treatment facilities which are commenced subsequent to
25January 1, 1970 may be financed by the State authority. Any
26lease, sales agreement or other financing agreement in

 

 

10000HB0129ham001- 89 -LRB100 03797 RJF 43335 a

1connection with an environmental or hazardous waste treatment
2facility entered into pursuant to this Act must be for a term
3not shorter than the longest maturity of any bonds issued to
4finance such environmental or hazardous waste treatment
5facility or a portion thereof and must provide for rentals or
6other payments adequate to pay the principal of and interest
7and premiums, if any, on such bonds as the same fall due and to
8create and maintain such reserves and accounts for
9depreciation, if any, as the directing body determines to be
10necessary.
11    The Authority shall give priority to providing financing
12for the establishment of hazardous waste treatment facilities
13necessary to achieve the goals of Section 22.6 of the
14Environmental Protection Act.
15    The Authority shall give special consideration to small
16businesses in authorizing the issuance of bonds for the
17financing of environmental facilities pursuant to subsection
18(c) of Section 2.
19    The Authority shall make a financial report on all projects
20financed under this Section to the General Assembly, to the
21Governor, and to the Commission on Government Forecasting and
22Accountability by April 1 of each year. Such report shall be a
23public record and open for inspection at the offices of the
24Authority during normal business hours. The report shall
25include: (a) all applications for loans and other financial
26assistance presented to the members of the Authority during

 

 

10000HB0129ham001- 90 -LRB100 03797 RJF 43335 a

1such fiscal year, (b) all projects and owners thereof which
2have received any form of financial assistance from the
3Authority during such year, (c) the nature and amount of all
4such assistance, and (d) projected activities of the Authority
5for the next fiscal year, including projection of the total
6amount of loans and other financial assistance anticipated and
7the amount of revenue bonds or other evidences of indebtedness
8that will be necessary to provide the projected level of
9assistance during the next fiscal year.
10    The requirement for reporting to the General Assembly shall
11be satisfied by filing copies of the report with the Speaker,
12the Minority Leader and the Clerk of the House of
13Representatives and the President, the Minority Leader and the
14Secretary of the Senate and the Legislative Research Unit, as
15required by Section 3.1 of the General Assembly Organization
16Act "An Act to revise the law in relation to the General
17Assembly", approved February 25, 1874, as amended, and filing
18such additional copies with the State Government Report
19Distribution Center for the General Assembly as is required
20under paragraph (t) of Section 7 of the State Library Act.
21(Source: P.A. 93-205, eff. 1-1-04; 93-1067, eff. 1-15-05.)
 
22    Section 75. The Arts Council Act is amended by changing
23Section 4 as follows:
 
24    (20 ILCS 3915/4)  (from Ch. 127, par. 214.14)

 

 

10000HB0129ham001- 91 -LRB100 03797 RJF 43335 a

1    Sec. 4. The Council has the power and duty (a) to survey
2and assess the needs of the arts, both visual and performing,
3throughout the State; (b) to identify existing legislation,
4policies and programs which affect the arts and to evaluate
5their effectiveness; (c) to stimulate public understanding and
6recognition of the importance of cultural institutions in
7Illinois; (d) to promote an encouraging atmosphere for creative
8artists residing in Illinois; (e) to encourage the use of local
9resources for the development and support of the arts; and (f)
10to report to the Governor and to the General Assembly
11biennially, on or about the third Monday in January of each
12odd-numbered year, the results of and its recommendations based
13upon its investigations.
14    The requirement for reporting to the General Assembly shall
15be satisfied by filing copies of the report with the Speaker,
16the Minority Leader and the Clerk of the House of
17Representatives and the President, the Minority Leader and the
18Secretary of the Senate and the Legislative Research Unit, as
19required by Section 3.1 of the General Assembly Organization
20Act "An Act to revise the law in relation to the General
21Assembly", approved February 25, 1874, as amended, and filing
22such additional copies with the State Government Report
23Distribution Center for the General Assembly as is required
24under paragraph (t) of Section 7 of the State Library Act.
25(Source: P.A. 84-1438.)
 

 

 

10000HB0129ham001- 92 -LRB100 03797 RJF 43335 a

1    Section 80. The Illinois Criminal Justice Information Act
2is amended by changing Section 7 as follows:
 
3    (20 ILCS 3930/7)  (from Ch. 38, par. 210-7)
4    Sec. 7. Powers and duties. The Authority shall have the
5following powers, duties, and responsibilities:
6        (a) To develop and operate comprehensive information
7    systems for the improvement and coordination of all aspects
8    of law enforcement, prosecution, and corrections;
9        (b) To define, develop, evaluate, and correlate State
10    and local programs and projects associated with the
11    improvement of law enforcement and the administration of
12    criminal justice;
13        (c) To act as a central repository and clearing house
14    for federal, state, and local research studies, plans,
15    projects, proposals, and other information relating to all
16    aspects of criminal justice system improvement and to
17    encourage educational programs for citizen support of
18    State and local efforts to make such improvements;
19        (d) To undertake research studies to aid in
20    accomplishing its purposes;
21        (e) To monitor the operation of existing criminal
22    justice information systems in order to protect the
23    constitutional rights and privacy of individuals about
24    whom criminal history record information has been
25    collected;

 

 

10000HB0129ham001- 93 -LRB100 03797 RJF 43335 a

1        (f) To provide an effective administrative forum for
2    the protection of the rights of individuals concerning
3    criminal history record information;
4        (g) To issue regulations, guidelines, and procedures
5    which ensure the privacy and security of criminal history
6    record information consistent with State and federal laws;
7        (h) To act as the sole administrative appeal body in
8    the State of Illinois to conduct hearings and make final
9    determinations concerning individual challenges to the
10    completeness and accuracy of criminal history record
11    information;
12        (i) To act as the sole, official, criminal justice body
13    in the State of Illinois to conduct annual and periodic
14    audits of the procedures, policies, and practices of the
15    State central repositories for criminal history record
16    information to verify compliance with federal and state
17    laws and regulations governing such information;
18        (j) To advise the Authority's Statistical Analysis
19    Center;
20        (k) To apply for, receive, establish priorities for,
21    allocate, disburse, and spend grants of funds that are made
22    available by and received on or after January 1, 1983 from
23    private sources or from the United States pursuant to the
24    federal Crime Control Act of 1973, as amended, and similar
25    federal legislation, and to enter into agreements with the
26    United States government to further the purposes of this

 

 

10000HB0129ham001- 94 -LRB100 03797 RJF 43335 a

1    Act, or as may be required as a condition of obtaining
2    federal funds;
3        (l) To receive, expend, and account for such funds of
4    the State of Illinois as may be made available to further
5    the purposes of this Act;
6        (m) To enter into contracts and to cooperate with units
7    of general local government or combinations of such units,
8    State agencies, and criminal justice system agencies of
9    other states for the purpose of carrying out the duties of
10    the Authority imposed by this Act or by the federal Crime
11    Control Act of 1973, as amended;
12        (n) To enter into contracts and cooperate with units of
13    general local government outside of Illinois, other
14    states' agencies, and private organizations outside of
15    Illinois to provide computer software or design that has
16    been developed for the Illinois criminal justice system, or
17    to participate in the cooperative development or design of
18    new software or systems to be used by the Illinois criminal
19    justice system.;
20        (o) To establish general policies concerning criminal
21    justice information systems and to promulgate such rules,
22    regulations, and procedures as are necessary to the
23    operation of the Authority and to the uniform consideration
24    of appeals and audits;
25        (p) To advise and to make recommendations to the
26    Governor and the General Assembly on policies relating to

 

 

10000HB0129ham001- 95 -LRB100 03797 RJF 43335 a

1    criminal justice information systems;
2        (q) To direct all other agencies under the jurisdiction
3    of the Governor to provide whatever assistance and
4    information the Authority may lawfully require to carry out
5    its functions;
6        (r) To exercise any other powers that are reasonable
7    and necessary to fulfill the responsibilities of the
8    Authority under this Act and to comply with the
9    requirements of applicable federal law or regulation;
10        (s) To exercise the rights, powers, and duties which
11    have been vested in the Authority by the Illinois Uniform
12    Conviction Information Act;
13        (t) (Blank);
14        (u) To exercise the rights, powers, and duties vested
15    in the Authority by the Illinois Public Safety Agency
16    Network Act;
17        (v) To provide technical assistance in the form of
18    training to local governmental entities within Illinois
19    requesting such assistance for the purposes of procuring
20    grants for gang intervention and gang prevention programs
21    or other criminal justice programs from the United States
22    Department of Justice;
23        (w) To conduct strategic planning and provide
24    technical assistance to implement comprehensive trauma
25    recovery services for violent crime victims in underserved
26    communities with high levels of violent crime, with the

 

 

10000HB0129ham001- 96 -LRB100 03797 RJF 43335 a

1    goal of providing a safe, community-based, culturally
2    competent environment in which to access services
3    necessary to facilitate recovery from the effects of
4    chronic and repeat exposure to trauma. Services may
5    include, but are not limited to, behavioral health
6    treatment, financial recovery, family support and
7    relocation assistance, and support in navigating the legal
8    system; and
9        (x) To coordinate statewide violence prevention
10    efforts and assist in the implementation of trauma recovery
11    centers and analyze trauma recovery services. The
12    Authority shall develop, publish, and facilitate the
13    implementation of a 4-year statewide violence prevention
14    plan, which shall incorporate public health, public
15    safety, victim services, and trauma recovery centers and
16    services.
17    The requirement for reporting to the General Assembly shall
18be satisfied by filing copies of the report with the Speaker,
19the Minority Leader, and the Clerk of the House of
20Representatives, the President, the Minority Leader, and the
21Secretary of the Senate, and the Legislative Research Unit, as
22required by Section 3.1 of the General Assembly Organization
23Act, and filing such additional copies with the State
24Government Report Distribution Center for the General Assembly
25as is required under paragraph (t) of Section 7 of the State
26Library Act.

 

 

10000HB0129ham001- 97 -LRB100 03797 RJF 43335 a

1(Source: P.A. 99-938, eff. 1-1-18; 100-373, eff. 1-1-18;
2100-575, eff. 1-8-18; 100-621, eff. 7-20-18; revised 9-25-18.)
 
3    Section 85. The Guardianship and Advocacy Act is amended by
4changing Section 5 as follows:
 
5    (20 ILCS 3955/5)  (from Ch. 91 1/2, par. 705)
6    Sec. 5. (a) The Commission shall establish throughout the
7State such regions as it considers appropriate to effectuate
8the purposes of the Authority under this Act, taking into
9account the requirements of State and federal statutes;
10population; civic, health and social service boundaries; and
11other pertinent factors.
12    (b) The Commission shall act through its divisions as
13provided in this Act.
14    (c) The Commission shall establish general policy
15guidelines for the operation of the Legal Advocacy Service,
16Human Rights Authority and State Guardian in furtherance of
17this Act. Any action taken by a regional authority is subject
18to the review and approval of the Commission. The Commission,
19acting on a request from the Director, may disapprove any
20action of a regional authority, in which case the regional
21authority shall cease such action.
22    (d) The Commission shall hire a Director and staff to carry
23out the powers and duties of the Commission and its divisions
24pursuant to this Act and the rules and regulations promulgated

 

 

10000HB0129ham001- 98 -LRB100 03797 RJF 43335 a

1by the Commission. All staff other than the Director shall be
2subject to the Personnel Code.
3    (e) The Commission shall review and evaluate the operations
4of the divisions.
5    (f) The Commission shall operate subject to the provisions
6of the Illinois Procurement Code.
7    (g) The Commission shall prepare its budget.
8    (h) The Commission shall prepare an annual report on its
9operations and submit the report to the Governor and the
10General Assembly.
11    The requirement for reporting to the General Assembly shall
12be satisfied by filing copies of the report with the Speaker,
13the Minority Leader and the Clerk of the House of
14Representatives and the President, the Minority Leader and the
15Secretary of the Senate and the Legislative Research Unit, as
16required by Section 3.1 of the General Assembly Organization
17Act "An Act to revise the law in relation to the General
18Assembly", approved February 25, 1874, and filing such
19additional copies with the State Government Report
20Distribution Center for the General Assembly as is required
21under paragraph (t) of Section 7 of the State Library Act.
22    (i) The Commission shall establish rules and regulations
23for the conduct of the work of its divisions, including rules
24and regulations for the Legal Advocacy Service and the State
25Guardian in evaluating an eligible person's or ward's financial
26resources for the purpose of determining whether the eligible

 

 

10000HB0129ham001- 99 -LRB100 03797 RJF 43335 a

1person or ward has the ability to pay for legal or guardianship
2services received. The determination of the eligible person's
3financial ability to pay for legal services shall be based upon
4the number of dependents in the eligible person's family unit
5and the income, liquid assets and necessary expenses, as
6prescribed by rule of the Commission of: (1) the eligible
7person; (2) the eligible person's spouse; and (3) the parents
8of minor eligible persons. The determination of a ward's
9ability to pay for guardianship services shall be based upon
10the ward's estate. An eligible person or ward found to have
11sufficient financial resources shall be required to pay the
12Commission in accordance with standards established by the
13Commission. No fees may be charged for legal services given
14unless the eligible person is given notice at the start of such
15services that such fees might be charged. No fees may be
16charged for guardianship services given unless the ward is
17given notice of the request for fees filed with the probate
18court and the court approves the amount of fees to be assessed.
19All fees collected shall be deposited with the State Treasurer
20and placed in the Guardianship and Advocacy Fund. The
21Commission shall establish rules and regulations regarding the
22procedures of appeal for clients prior to termination or
23suspension of legal services. Such rules and regulations shall
24include, but not be limited to, client notification procedures
25prior to the actual termination, the scope of issues subject to
26appeal, and procedures specifying when a final administrative

 

 

10000HB0129ham001- 100 -LRB100 03797 RJF 43335 a

1decision is made.
2    (j) The Commission shall take such actions as it deems
3necessary and appropriate to receive private, federal and other
4public funds to help support the divisions and to safeguard the
5rights of eligible persons. Private funds and property may be
6accepted, held, maintained, administered and disposed of by the
7Commission, as trustee, for such purposes for the benefit of
8the People of the State of Illinois pursuant to the terms of
9the instrument granting the funds or property to the
10Commission.
11    (k) The Commission may expend funds under the State's plan
12to protect and advocate the rights of persons with a
13developmental disability established under the federal
14Developmental Disabilities Services and Facilities
15Construction Act (Public Law 94-103, Title II). If the Governor
16designates the Commission to be the organization or agency to
17provide the services called for in the State plan, the
18Commission shall make these protection and advocacy services
19available to persons with a developmental disability by
20referral or by contracting for these services to the extent
21practicable. If the Commission is unable to so make available
22such protection and advocacy services, it shall provide them
23through persons in its own employ.
24    (l) The Commission shall, to the extent funds are
25available, monitor issues concerning the rights of eligible
26persons and the care and treatment provided to those persons,

 

 

10000HB0129ham001- 101 -LRB100 03797 RJF 43335 a

1including but not limited to the incidence of abuse or neglect
2of eligible persons. For purposes of that monitoring the
3Commission shall have access to reports of suspected abuse or
4neglect and information regarding the disposition of such
5reports, subject to the provisions of the Mental Health and
6Developmental Disabilities Confidentiality Act.
7(Source: P.A. 96-271, eff. 1-1-10.)
 
8    Section 90. The General Assembly Organization Act is
9amended by changing Section 3.1 as follows:
 
10    (25 ILCS 5/3.1)  (from Ch. 63, par. 3.1)
11    Sec. 3.1. Notwithstanding any provision of law to the
12contrary, whenever Whenever any law or resolution requires a
13report to the General Assembly, that reporting requirement
14shall be satisfied by filing: with the Clerk of the House of
15Representatives and the Secretary of the Senate in electronic
16form only, in the manner that the Clerk and the Secretary shall
17direct; and with the Commission on Government Forecasting and
18Accountability, in the manner that the Commission shall direct
19one copy of the report with each of the following: the Speaker,
20the Minority Leader and the Clerk of the House of
21Representatives and the President, the Minority Leader and the
22Secretary of the Senate and the Legislative Research Unit. In
23addition, the reporting entity must make a copy of the report
24available for a reasonable time on its Internet site or on the

 

 

10000HB0129ham001- 102 -LRB100 03797 RJF 43335 a

1Internet site of the public entity that hosts the reporting
2entity's World Wide Web page, if any. Additional copies shall
3be filed with the State Government Report Distribution Center
4for the General Assembly as required under paragraph (t) of
5Section 7 of the State Library Act.
6(Source: P.A. 94-565, eff. 1-1-06.)
 
7    Section 95. The Reports to Legislative Research Unit Act is
8amended by changing Sections 0.01 and 1 as follows:
 
9    (25 ILCS 110/0.01)  (from Ch. 63, par. 1050)
10    Sec. 0.01. Short title. This Act may be cited as the
11Reports to the Commission on Government Forecasting and
12Accountability Legislative Research Unit Act.
13(Source: P.A. 86-1324.)
 
14    (25 ILCS 110/1)  (from Ch. 63, par. 1051)
15    Sec. 1. Reporting Appointments to the Commission on
16Government Forecasting and Accountability Legislative Research
17Unit.
18    (a) As used in this Act, "separate or interagency board or
19commission" includes any body in the legislative, executive, or
20judicial branch of State government that contains any members
21other than those serving in a single State agency, and that is
22charged with policy-making or licensing functions or with
23making recommendations regarding such functions to any

 

 

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1authority in State government. The term also includes any body,
2regardless of its level of government, to which any
3constitutional officer in the executive branch of State
4government makes an appointment. The term does not include any
5body whose members are elected by vote of the electors.
6    (b) Within 30 days after the effective date of this Act, or
7within 30 days after the creation of any separate or
8interagency board or commission, whichever is later, each
9appointing authority for that board or commission shall make an
10initial report in writing to the Commission on Government
11Forecasting and Accountability Legislative Research Unit. Each
12initial report shall contain the following information:
13    (1) The name of the board or commission, and a complete
14citation or copy of the statute, order, or other document
15creating it.
16    (2) An address and telephone number, if any, that can be
17used to communicate with the board or commission.
18    (3) For each person appointed by that appointing authority
19to the board or commission whose latest term has not expired:
20the name, mailing address, residence address, Representative
21District of residence, date of appointment, and expected
22expiration of latest term. At the request of the appointee, the
23report may in lieu of the appointee's residence address list
24the municipality, if any, and county in which the appointee
25resides. If an appointment requires confirmation, the report
26shall state the fact, and the appointing authority shall report

 

 

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1the confirmation as a report of change under subsection (c). If
2the statute, order, or other document creating the board or
3commission imposes any qualification or background requirement
4on some but not all members of the board or commission, the
5report shall state which of such requirements each person
6appointed fulfills.
7    (c) Each appointing authority for a separate or interagency
8board or commission, within 15 days after any change in the
9information required by subsection (b) to be reported that
10concerns an appointee of that authority, shall report the
11change in writing to the Commission on Government Forecasting
12and Accountability Legislative Research Unit. Any such report
13concerning a new appointment shall list the name of the
14previous appointee, if any, who the new appointee replaces.
15    (d) Beginning on the effective date of this amendatory Act
16of the 100th General Assembly, all prior powers, duties, and
17responsibilities of the Legislative Research Unit under this
18Section shall be assumed by the Commission on Government
19Forecasting and Accountability.
20(Source: P.A. 86-591.)
 
21    Section 100. The Legislative Commission Reorganization Act
22of 1984 is amended by changing Sections 1-3, 1-4, 1-5, 4-1,
234-2, 4-2.1, 4-3, 4-4, 4-7, 4-9, 10-1, 10-2, 10-3, 10-4, 10-5,
24and 10-6 as follows:
 

 

 

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1    (25 ILCS 130/1-3)  (from Ch. 63, par. 1001-3)
2    Sec. 1-3. Legislative support services agencies. The Joint
3Committee on Legislative Support Services is responsible for
4establishing general policy and coordinating activities among
5the legislative support services agencies. The legislative
6support services agencies include the following:
7    (1) Joint Committee on Administrative Rules;
8    (2) Commission on Government Forecasting and
9Accountability;
10    (3) Legislative Information System;
11    (4) Legislative Reference Bureau;
12    (5) Legislative Audit Commission;
13    (6) Legislative Printing Unit;
14    (7) (Blank); and Legislative Research Unit; and
15    (8) Office of the Architect of the Capitol.
16(Source: P.A. 93-632, eff. 2-1-04; 93-1067, eff. 1-15-05.)
 
17    (25 ILCS 130/1-4)  (from Ch. 63, par. 1001-4)
18    Sec. 1-4. In addition to its general policy making and
19coordinating responsibilities for the legislative support
20services agencies, the Joint Committee on Legislative Support
21Services shall have the following powers and duties with
22respect to such agencies:
23    (1) To approve the executive director pursuant to Section
241-5(e);
25    (2) To establish uniform hiring practices and personnel

 

 

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1procedures, including affirmative action, to assure equality
2of employment opportunity;
3    (3) To establish uniform contract procedures, including
4affirmative action, to assure equality in the awarding of
5contracts, and to maintain a list of all contracts entered
6into;
7    (4) To establish uniform travel regulations and approve all
8travel outside the State of Illinois;
9    (5) To coordinate all leases and rental of real property;
10    (6) Except as otherwise expressly provided by law, to
11coordinate and serve as the agency authorized to assign studies
12to be performed by any legislative support services agency. Any
13study requested by resolution or joint resolution of either
14house of the General Assembly shall be subject to the powers of
15the Joint Committee to allocate resources available to the
16General Assembly hereunder; provided, however, that nothing
17herein shall be construed to preclude the participation by
18public members in such studies or prohibit their reimbursement
19for reasonable and necessary expenses in connection therewith;
20    (7) To make recommendations to the General Assembly
21regarding the continuance of the various committees, boards and
22commissions that are the subject of the statutory provisions
23repealed March 31, 1985, under Article 11 of this Act;
24    (8) To assist the Auditor General as necessary to assure
25the orderly and efficient termination of the various
26committees, boards and commissions that are subject to Article

 

 

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112 of this Act;
2    (9) To consider and make recommendations to the General
3Assembly regarding further reorganization of the legislative
4support services agencies, and other legislative committees,
5boards and commissions, as it may from time to time determine
6to be necessary;
7    (10) To consider and recommend a comprehensive transition
8plan for the legislative support services agencies, including
9but not limited to issues such as the consolidation of the
10organizational structure, centralization or decentralization
11of staff, appropriate level of member participation,
12guidelines for policy development, further reductions which
13may be necessary, and measures which can be taken to improve
14efficiency, and ensure accountability. To assist in such
15recommendations the Joint Committee may appoint an Advisory
16Group. Recommendations of the Joint Committee shall be reported
17to the members of the General Assembly no later than November
1813, 1984. The requirement for reporting to the General Assembly
19shall be satisfied by filing copies of the report with the
20Speaker, the Minority Leader and the Clerk of the House of
21Representatives and the President, the Minority Leader and the
22Secretary of the Senate and the Legislative Research Unit, as
23required by Section 3.1 of the General Assembly Organization
24Act, and filing such additional copies with the State
25Government Report Distribution Center for the General Assembly
26as is required under paragraph (t) of Section 7 of the State

 

 

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1Library Act;
2    (11) To contract for the establishment of child care
3services pursuant to the State Agency Employees Child Care
4Services Act; and
5    (12) To use funds appropriated from the General Assembly
6Computer Equipment Revolving Fund for the purchase of computer
7equipment for the General Assembly and for related expenses and
8for other operational purposes of the General Assembly in
9accordance with Section 6 of the Legislative Information System
10Act.
11(Source: P.A. 91-357, eff. 7-29-99.)
 
12    (25 ILCS 130/1-5)  (from Ch. 63, par. 1001-5)
13    Sec. 1-5. Composition of agencies; directors.
14    (a) The Boards of the Joint Committee on Administrative
15Rules, the Commission on Government Forecasting and
16Accountability, and the Legislative Audit Committee, and the
17Legislative Research Unit shall each consist of 12 members of
18the General Assembly, of whom 3 shall be appointed by the
19President of the Senate, 3 shall be appointed by the Minority
20Leader of the Senate, 3 shall be appointed by the Speaker of
21the House of Representatives, and 3 shall be appointed by the
22Minority Leader of the House of Representatives. All
23appointments shall be in writing and filed with the Secretary
24of State as a public record.
25    Members shall serve a 2-year term, and must be appointed by

 

 

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1the Joint Committee during the month of January in each
2odd-numbered year for terms beginning February 1. Any vacancy
3in an Agency shall be filled by appointment for the balance of
4the term in the same manner as the original appointment. A
5vacancy shall exist when a member no longer holds the elected
6legislative office held at the time of the appointment or at
7the termination of the member's legislative service.
8    During the month of February of each odd-numbered year, the
9Joint Committee on Legislative Support Services shall select
10from the members of the Board of each Agency 2 co-chairpersons
11and such other officers as the Joint Committee deems necessary.
12The co-chairpersons of each Board shall serve for a 2-year
13term, beginning February 1 of the odd-numbered year, and the 2
14co-chairpersons shall not be members of or identified with the
15same house or the same political party.
16    Each Board shall meet twice annually or more often upon the
17call of the chair or any 9 members. A quorum of the Board shall
18consist of a majority of the appointed members.
19    (b) The Board of each of the following legislative support
20agencies shall consist of the Secretary and Assistant Secretary
21of the Senate and the Clerk and Assistant Clerk of the House of
22Representatives: the Legislative Information System, the
23Legislative Printing Unit, the Legislative Reference Bureau,
24and the Office of the Architect of the Capitol. The
25co-chairpersons of the Board of the Office of the Architect of
26the Capitol shall be the Secretary of the Senate and the Clerk

 

 

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1of the House of Representatives, each ex officio.
2    The Chairperson of each of the other Boards shall be the
3member who is affiliated with the same caucus as the then
4serving Chairperson of the Joint Committee on Legislative
5Support Services. Each Board shall meet twice annually or more
6often upon the call of the chair or any 3 members. A quorum of
7the Board shall consist of a majority of the appointed members.
8    When the Board of the Office of the Architect of the
9Capitol has cast a tied vote concerning the design,
10implementation, or construction of a project within the
11legislative complex, as defined in Section 8A-15, the Architect
12of the Capitol may cast the tie-breaking vote.
13    (c) (Blank).
14    (d) Members of each Agency shall serve without
15compensation, but shall be reimbursed for expenses incurred in
16carrying out the duties of the Agency pursuant to rules and
17regulations adopted by the Joint Committee on Legislative
18Support Services.
19    (e) Beginning February 1, 1985, and every 2 years
20thereafter, the Joint Committee shall select an Executive
21Director who shall be the chief executive officer and staff
22director of each Agency. The Executive Director shall receive a
23salary as fixed by the Joint Committee and shall be authorized
24to employ and fix the compensation of necessary professional,
25technical and secretarial staff and prescribe their duties,
26sign contracts, and issue vouchers for the payment of

 

 

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1obligations pursuant to rules and regulations adopted by the
2Joint Committee on Legislative Support Services. The Executive
3Director and other employees of the Agency shall not be subject
4to the Personnel Code.
5    The executive director of the Office of the Architect of
6the Capitol shall be known as the Architect of the Capitol.
7(Source: P.A. 98-692, eff. 7-1-14.)
 
8    (25 ILCS 130/4-1)  (from Ch. 63, par. 1004-1)
9    Sec. 4-1. For purposes of the Successor Agency Act and
10Section 9b of the State Finance Act, the Legislative Research
11Unit is the successor to the Illinois Commission on
12Intergovernmental Cooperation. The Legislative Research Unit
13succeeds to and assumes all powers, duties, rights,
14responsibilities, personnel, assets, liabilities, and
15indebtedness of the Illinois Commission on Intergovernmental
16Cooperation. Any reference in any law, rule, form, or other
17document to the Illinois Commission on Intergovernmental
18Cooperation is deemed to be a reference to the Legislative
19Research Unit.
20    For purposes of the Successor Agency Act and Section 9b of
21the State Finance Act, on and after the effective date of this
22amendatory Act of the 100th General Assembly, the Commission on
23Government Forecasting and Accountability is the successor to
24the Legislative Research Unit. The Commission on Government
25Forecasting and Accountability succeeds to and assumes all

 

 

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1powers, duties, rights, responsibilities, personnel, assets,
2liabilities, and indebtedness of the Legislative Research Unit
3with respect to the provisions of this Article 4.
4(Source: P.A. 93-632, eff. 2-1-04.)
 
5    (25 ILCS 130/4-2)  (from Ch. 63, par. 1004-2)
6    Sec. 4-2. Intergovernmental functions. It shall be the
7function of the Commission on Government Forecasting and
8Accountability Legislative Research Unit:
9        (1) To carry forward the participation of this State as
10    a member of the Council of State Governments.
11        (2) To encourage and assist the legislative,
12    executive, administrative and judicial officials and
13    employees of this State to develop and maintain friendly
14    contact by correspondence, by conference, and otherwise,
15    with officials and employees of the other States, of the
16    Federal Government, and of local units of government.
17        (3) To endeavor to advance cooperation between this
18    State and other units of government whenever it seems
19    advisable to do so by formulating proposals for, and by
20    facilitating:
21            (a) The adoption of compacts.
22            (b) The enactment of uniform or reciprocal
23        statutes.
24            (c) The adoption of uniform or reciprocal
25        administrative rules and regulations.

 

 

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1            (d) The informal cooperation of governmental
2        offices with one another.
3            (e) The personal cooperation of governmental
4        officials and employees with one another individually.
5            (f) The interchange and clearance of research and
6        information.
7            (g) Any other suitable process, and
8            (h) To do all such acts as will enable this State
9        to do its part in forming a more perfect union among
10        the various governments in the United States and in
11        developing the Council of State Governments for that
12        purpose.
13(Source: P.A. 93-632, eff. 2-1-04.)
 
14    (25 ILCS 130/4-2.1)
15    Sec. 4-2.1. Federal program functions. The Commission on
16Government Forecasting and Accountability Legislative Research
17Unit is established as the information center for the General
18Assembly in the field of federal-state relations and as State
19Central Information Reception Agency for the purpose of
20receiving information from federal agencies under the United
21States Office of Management and Budget circular A-98 and the
22United States Department of the Treasury Circular TC-1082 or
23any successor circulars promulgated under authority of the
24United States Inter-governmental Cooperation Act of 1968. Its
25powers and duties in this capacity include, but are not limited

 

 

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1to:
2        (a) Compiling and maintaining current information on
3    available and pending federal aid programs for the use of
4    the General Assembly and legislative agencies;
5        (b) Analyzing the relationship of federal aid programs
6    with state and locally financed programs, and assessing the
7    impact of federal aid programs on the State generally;
8        (c) Reporting annually to the General Assembly on the
9    adequacy of programs financed by federal aid in the State,
10    the types and nature of federal aid programs in which State
11    agencies or local governments did not participate, and to
12    make recommendations on such matters;
13        (d) Cooperating with the Governor's Office of
14    Management and Budget and with any State of Illinois
15    offices located in Washington, D.C., in obtaining
16    information concerning federal grant-in-aid legislation
17    and proposals having an impact on the State of Illinois;
18        (e) Cooperating with the Governor's Office of
19    Management and Budget in developing forms and identifying
20    number systems for the documentation of applications,
21    awards, receipts and expenditures of federal funds by State
22    agencies;
23        (f) Receiving from every State agency, other than State
24    colleges and universities, agencies of legislative and
25    judicial branches of State government, and elected State
26    executive officers not including the Governor, all

 

 

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1    applications for federal grants, contracts and agreements
2    and notification of any awards of federal funds and any and
3    all changes in the programs, in awards, in program
4    duration, in schedule of fund receipts, and in estimated
5    costs to the State of maintaining the program if and when
6    federal assistance is terminated, or in direct and indirect
7    costs, of any grant under which they are or expect to be
8    receiving federal funds;
9        (g) Forwarding to the Governor's Office of Management
10    and Budget all documents received under paragraph (f) after
11    assigning an appropriate, State application identifier
12    number to all applications; and
13        (h) Reporting such information as is received under
14    subparagraph (f) to the President and Minority Leader of
15    the Senate and the Speaker and Minority Leader of the House
16    of Representatives and their respective appropriation
17    staffs and to any member of the General Assembly on a
18    monthly basis at the request of the member.
19    The State colleges and universities, the agencies of the
20legislative and judicial branches of State government, and the
21elected State executive officers, not including the Governor,
22shall submit to the Commission on Government Forecasting and
23Accountability Legislative Research Unit, in a manner
24prescribed by the Commission on Government Forecasting and
25Accountability Legislative Research Unit, summaries of
26applications for federal funds filed and grants of federal

 

 

10000HB0129ham001- 116 -LRB100 03797 RJF 43335 a

1funds awarded.
2(Source: P.A. 93-632, eff. 2-1-04.)
 
3    (25 ILCS 130/4-3)  (from Ch. 63, par. 1004-3)
4    Sec. 4-3. The Commission on Government Forecasting and
5Accountability Legislative Research Unit shall establish such
6committees as it deems advisable, in order that they may confer
7and formulate proposals concerning effective means to secure
8intergovernmental harmony, and may perform other functions for
9the Commission Unit in obedience to its decision. Subject to
10the approval of the Commission Unit, the member or members of
11each such committee shall be appointed by the co-chairmen of
12the Commission Unit. State officials or employees who are not
13members of the Commission Unit may be appointed as members of
14any such committee, but private citizens holding no
15governmental position in this State shall not be eligible. The
16Commission Unit may provide such other rules as it considers
17appropriate concerning the membership and the functioning of
18any such committee. The Commission Unit may provide for
19advisory boards for itself and for its various committees, and
20may authorize private citizens to serve on such boards.
21(Source: P.A. 93-632, eff. 2-1-04.)
 
22    (25 ILCS 130/4-4)  (from Ch. 63, par. 1004-4)
23    Sec. 4-4. The General Assembly finds that the most
24efficient and productive use of federal block grant funds can

 

 

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1be achieved through the coordinated efforts of the Legislature,
2the Executive, State and local agencies and private citizens.
3Such coordination is possible through the creation of an
4Advisory Committee on Block Grants empowered to review, analyze
5and make recommendations through the Commission on Government
6Forecasting and Accountability Legislative Research Unit to
7the General Assembly and the Governor on the use of federally
8funded block grants.
9    The Commission on Government Forecasting and
10Accountability Legislative Research Unit shall establish an
11Advisory Committee on Block Grants. The primary purpose of the
12Advisory Committee shall be the oversight of the distribution
13and use of federal block grant funds.
14    The Advisory Committee shall consist of 4 public members
15appointed by the Joint Committee on Legislative Support
16Services and the members of the Commission on Government
17Forecasting and Accountability Legislative Research Unit. A
18chairperson shall be chosen by the members of the Advisory
19Committee.
20(Source: P.A. 93-632, eff. 2-1-04.)
 
21    (25 ILCS 130/4-7)  (from Ch. 63, par. 1004-7)
22    Sec. 4-7. The Commission on Government Forecasting and
23Accountability Legislative Research Unit shall report to the
24Governor and to the Legislature within 15 days after the
25convening of each General Assembly, and at such other time as

 

 

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1it deems appropriate. The members of all committees which it
2establishes shall serve without compensation for such service,
3but they shall be paid their necessary expenses in carrying out
4their obligations under this Act. The Commission Unit may by
5contributions to the Council of State Governments, participate
6with other states in maintaining the said Council's district
7and central secretariats, and its other governmental services.
8    The requirement for reporting to the General Assembly shall
9be satisfied by filing copies of the report with the Speaker,
10the Minority Leader and the Clerk of the House of
11Representatives and the President, the Minority Leader and the
12Secretary of the Senate, and filing such additional copies with
13the State Government Report Distribution Center for the General
14Assembly as is required under paragraph (t) of Section 7 of the
15State Library Act.
16(Source: P.A. 93-632, eff. 2-1-04.)
 
17    (25 ILCS 130/4-9)  (from Ch. 63, par. 1004-9)
18    Sec. 4-9. Intergovernmental Cooperation Conference Fund.
19    (a) There is hereby created the Intergovernmental
20Cooperation Conference Fund, hereinafter called the "Fund".
21The Fund shall be outside the State treasury, but the State
22Treasurer shall act as ex-officio custodian of the Fund.
23    (b) The Commission on Government Forecasting and
24Accountability Legislative Research Unit may charge and
25collect fees from participants at conferences held in

 

 

10000HB0129ham001- 119 -LRB100 03797 RJF 43335 a

1connection with the Commission's Unit's exercise of its powers
2and duties. The fees shall be charged in an amount calculated
3to cover the cost of the conferences and shall be deposited in
4the Fund.
5    (c) Monies in the Fund shall be used to pay the costs of
6the conferences. As soon as may be practicable after the close
7of business on June 30 of each year, the Commission Unit shall
8notify the Comptroller of the amount remaining in the Fund
9which is not necessary to pay the expenses of conferences held
10during the expiring fiscal year. Such amount shall be
11transferred by the Comptroller and the Treasurer from the Fund
12to the General Revenue Fund. If, during any fiscal year, the
13monies in the Fund are insufficient to pay the costs of
14conferences held during that fiscal year, the difference shall
15be paid from other monies which may be available to the
16Commission.
17(Source: P.A. 93-632, eff. 2-1-04.)
 
18    (25 ILCS 130/10-1)  (from Ch. 63, par. 1010-1)
19    Sec. 10-1. The Legislative Research Unit is hereby
20established as a legislative support services agency until the
21effective date of this amendatory Act of the 100th General
22Assembly. The Legislative Research Unit is subject to the
23provisions of this Act, and shall exercise the powers and
24duties delegated to it herein and such other functions as may
25be provided by law.

 

 

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1    For purposes of the Successor Agency Act and Section 9b of
2the State Finance Act, on and after the effective date of this
3amendatory Act of the 100th General Assembly, the Commission on
4Government Forecasting and Accountability is the successor to
5the Legislative Research Unit. The Commission on Government
6Forecasting and Accountability succeeds to and assumes all
7powers, duties, rights, responsibilities, personnel, assets,
8liabilities, and indebtedness of the Legislative Research Unit
9with respect to the provisions of this Article 10.
10(Source: P.A. 83-1257.)
 
11    (25 ILCS 130/10-2)  (from Ch. 63, par. 1010-2)
12    Sec. 10-2. The Commission on Government Forecasting and
13Accountability Legislative Research Unit shall collect
14information concerning the government and general welfare of
15the State, examine the effects of constitutional provisions and
16previously enacted statutes, consider important issues of
17public policy and questions of state-wide interest, and perform
18research and provide information as may be requested by the
19members of the General Assembly or as the Joint Committee on
20Legislative Support Services considers necessary or desirable.
21    The Commission on Government Forecasting and
22Accountability Legislative Research Unit shall maintain an
23up-to-date computerized record of the information required to
24be reported to it by Section 1 of "An Act concerning State
25boards and commissions and amending a named Act", enacted by

 

 

10000HB0129ham001- 121 -LRB100 03797 RJF 43335 a

1the 86th General Assembly, which information shall be a public
2record under The Freedom of Information Act. The Commission on
3Government Forecasting and Accountability Legislative Research
4Unit may prescribe forms for making initial reports and reports
5of change under that Section, and may request information to
6verify compliance with that Section.
7(Source: P.A. 86-591.)
 
8    (25 ILCS 130/10-3)  (from Ch. 63, par. 1010-3)
9    Sec. 10-3. The Commission on Government Forecasting and
10Accountability Legislative Research Unit may administer a
11legislative staff internship program in cooperation with a
12university in the State designated by the Commission on
13Government Forecasting and Accountability Legislative Research
14Unit.
15(Source: P.A. 93-632, eff. 2-1-04.)
 
16    (25 ILCS 130/10-4)  (from Ch. 63, par. 1010-4)
17    Sec. 10-4. The Commission on Government Forecasting and
18Accountability Legislative Research Unit, upon the
19recommendation of the sponsoring committee, shall recruit,
20select, appoint, fix the stipends of, and assign interns to
21appropriate officers and agencies of the General Assembly for
22the pursuit of education, study or research. Such persons shall
23be appointed for internships not to exceed 12 months.
24(Source: P.A. 83-1257.)
 

 

 

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1    (25 ILCS 130/10-5)  (from Ch. 63, par. 1010-5)
2    Sec. 10-5. The Commission on Government Forecasting and
3Accountability Legislative Research Unit may accept monetary
4gifts or grants from a charitable foundation or from a
5professional association or from other reputable sources for
6the operation of a legislative staff internship program. Such
7gifts and grants may be held in trust by the Commission on
8Government Forecasting and Accountability Legislative Research
9Unit and expended for operating the program. Expenses of
10operating the program may also be paid out of funds
11appropriated to the Commission on Government Forecasting and
12Accountability Legislative Research Unit or to the General
13Assembly, its officers, committees or agencies.
14(Source: P.A. 83-1257.)
 
15    (25 ILCS 130/10-6)  (from Ch. 63, par. 1010-6)
16    Sec. 10-6. Each quarter of the calendar year the Commission
17on Government Forecasting and Accountability Legislative
18Research Unit shall prepare and provide to each member of the
19General Assembly abstracts and indexes of reports filed with it
20as reports to the General Assembly. With such abstracts and
21indexes the Commission on Government Forecasting and
22Accountability Legislative Research Unit shall include a
23convenient form by which each member of the General Assembly
24may request, from the State Government Report Distribution

 

 

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1Center in the State Library, copies of such reports as the
2member may wish to receive. For the purpose of receiving
3reports filed under this Section the Commission on Government
4Forecasting and Accountability Legislative Research Unit shall
5succeed to the powers and duties formerly exercised by the
6Legislative Council.
7(Source: P.A. 93-632, eff. 2-1-04.)
 
8    Section 105. The Legislative Reference Bureau Act is
9amended by changing Section 5.02 as follows:
 
10    (25 ILCS 135/5.02)  (from Ch. 63, par. 29.2)
11    Sec. 5.02. Legislative Synopsis and Digest.
12    (a) The Legislative Reference Bureau shall collect,
13catalogue, classify, index, completely digest, topically
14index, and summarize all bills, resolutions, and orders
15introduced in each branch of the General Assembly, as well as
16related amendments, conference committee reports, and veto
17messages, as soon as practicable after they have been printed
18or otherwise published.
19    (b) The Digest shall be published online each week during
20the regular and special sessions of the General Assembly when
21practical. Cumulative editions of the Digest shall be published
22online and in printed form after the first year, and after
23adjournment sine die, of each General Assembly.
24    (c) The Legislative Reference Bureau shall furnish the

 

 

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1printed cumulative edition of the Digest, without cost, as
2follows: 2 copies of the Digest to each member of the General
3Assembly, 1 copy to each elected State officer in the executive
4department, 40 copies to the Chief Clerk of the House of
5Representatives and 30 copies to the Secretary of the Senate
6for the use of the committee clerks and employees of the
7respective offices, 15 copies to the Commission on Government
8Forecasting and Accountability Legislative Research Unit, and
9the number of copies requested in writing by the President of
10the Senate, the Speaker of the House, the Minority Leader of
11the Senate, and the Minority Leader of the House.
12    (d) The Legislative Reference Bureau shall also furnish to
13each county clerk, without cost, one copy of the printed
14cumulative edition of the Digest for each 100,000 inhabitants
15or fraction thereof in his or her county according to the last
16preceding federal decennial census.
17    (d-5) Any person to whom a set number of copies of the
18printed cumulative edition is to be provided under subsection
19(c) or (d) may receive a lesser number of copies upon request.
20    (e) Upon receipt of an application from any other person,
21signed by the applicant and accompanied by the payment of a fee
22of $55, the Legislative Reference Bureau shall furnish to the
23applicant a copy of the printed cumulative edition of the
24Digest for the calendar year issued after receipt of the
25application.
26    (f) For the calendar year beginning January 1, 2018, and

 

 

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1each calendar year thereafter, any person who receives one or
2more copies of the printed cumulative edition under subsection
3(c), (d), or (e) may, upon request, receive a set of the
4printed interim editions for that year. Requests for printed
5interim editions must be received before January 1 of the year
6to which the request applies.
7(Source: P.A. 100-239, eff. 8-18-17.)
 
8    Section 110. The Legislative Information System Act is
9amended by changing Sections 5.05, 5.07, and 8 as follows:
 
10    (25 ILCS 145/5.05)  (from Ch. 63, par. 42.15-5)
11    Sec. 5.05. To provide such technical services, computer
12time, programming and systems, input-output devices and all
13necessary, related equipment, supplies and services as are
14required for data processing applications by the Legislative
15Reference Bureau, the Commission on Government Forecasting and
16Accountability Legislative Research Unit, the Clerk of the
17House of Representatives and the Secretary of the Senate in
18performing their respective duties for the General Assembly.
19(Source: P.A. 84-1438.)
 
20    (25 ILCS 145/5.07)  (from Ch. 63, par. 42.15-7)
21    Sec. 5.07. To make a biennial report to the General
22Assembly, by April 1 of each odd-numbered year, summarizing its
23accomplishments in the preceding 2 years and its

 

 

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1recommendations, including any proposed legislation it
2considers necessary or desirable to effectuate the purposes of
3this Act.
4    The requirement for reporting to the General Assembly shall
5be satisfied by filing copies of the report with the Speaker,
6the Minority Leader and the Clerk of the House of
7Representatives and the President, the Minority Leader and the
8Secretary of the Senate and the Legislative Research Unit, as
9required by Section 3.1 of the General Assembly Organization
10Act, and filing such additional copies with the State
11Government Report Distribution Center for the General Assembly
12as is required under paragraph (t) of Section 7 of the State
13Library Act.
14(Source: P.A. 93-632, eff. 2-1-04.)
 
15    (25 ILCS 145/8)  (from Ch. 63, par. 42.18)
16    Sec. 8. The System may utilize the services of an advisory
17committee for conceptualization, design and implementation of
18applications considered or adopted by the System. The advisory
19committee shall be comprised of (a) 8 legislative staff
20assistants, 2 to be appointed by the Speaker of the House of
21Representatives, 2 by the Minority Leader thereof, 2 by the
22President of the Senate and 2 by the Minority Leader thereof,
23but at least one of the appointments by each legislative leader
24must be from the staff of legislative appropriation committees;
25(b) one professional staff member from the Legislative

 

 

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1Reference Bureau, appointed by the Executive Director thereof;
2and one from the Commission on Government Forecasting and
3Accountability Legislative Research Unit, appointed by the
4Executive Director thereof; and (c) the Executive Director of
5the Legislative Information System, who shall serve as
6temporary chairman of the advisory committee until a permanent
7chairman is chosen from among its members. Members of the
8advisory committee shall have no vote on the Joint Committee.
9(Source: P.A. 93-632, eff. 2-1-04.)
 
10    Section 115. The Legislative Audit Commission Act is
11amended by changing Section 3 as follows:
 
12    (25 ILCS 150/3)  (from Ch. 63, par. 106)
13    Sec. 3. The Commission shall receive the reports of the
14Auditor General and other financial statements and shall
15determine what remedial measures, if any, are needed, and
16whether special studies and investigations are necessary. If
17the Commission shall deem such studies and investigations to be
18necessary, the Commission may direct the Auditor General to
19undertake such studies or investigations.
20    When a disagreement between the Audit Commission and an
21agency under the Governor's jurisdiction arises in the process
22of the Audit Commission's review of audit reports relating to
23such agency, the Audit Commission shall promptly advise the
24Governor of such areas of disagreement. The Governor shall

 

 

10000HB0129ham001- 128 -LRB100 03797 RJF 43335 a

1respond to the Audit Commission within a reasonable period of
2time, and in no event later than 60 days, expressing his views
3concerning such areas of disagreement and indicating the
4corrective action taken by his office with reference thereto
5or, if no action is taken, indicating the reasons therefor.
6    The Audit Commission also promptly shall advise all other
7responsible officials of the Executive, Judicial and
8Legislative branches of the State government of areas of
9disagreement arising in the process of the Commission's review
10of their respective audit reports. With reference to his
11particular office, each such responsible official shall
12respond to the Audit Commission within a reasonable period of
13time, and in no event later than 60 days, expressing his view
14concerning such areas of disagreement and indicating the
15corrective action taken with reference thereto or stating the
16reasons that no action has been taken.
17    The Commission shall report its activities to the General
18Assembly including such remedial measures as it deems to be
19necessary. The report of the Commission shall be made to the
20General Assembly not less often than annually and not later
21than March 1 in each year.
22    The requirement for reporting to the General Assembly shall
23be satisfied by filing copies of the report with the Speaker,
24the Minority Leader and the Clerk of the House of
25Representatives and the President, the Minority Leader and the
26Secretary of the Senate and the Legislative Research Unit, as

 

 

10000HB0129ham001- 129 -LRB100 03797 RJF 43335 a

1required by Section 3.1 of the General Assembly Organization
2Act "An Act to revise the law in relation to the General
3Assembly", approved February 25, 1874, as amended, and filing
4such additional copies with the State Government Report
5Distribution Center for the General Assembly as is required
6under paragraph (t) of Section 7 of the State Library Act.
7    In addition, the Commission has the powers and duties
8provided for in the "Illinois State Auditing Act", enacted by
9the 78th General Assembly, and, if the provisions of that Act
10are conflict with those of this Act, that Act prevails.
11(Source: P.A. 84-1438.)
 
12    Section 120. The Commission on Government Forecasting and
13Accountability Act is amended by changing Sections 3 and 4 and
14by adding Section 7 as follows:
 
15    (25 ILCS 155/3)  (from Ch. 63, par. 343)
16    Sec. 3. The Commission shall:
17        (1) Study from time to time and report to the General
18    Assembly on economic development and trends in the State.
19        (2) Make such special economic and fiscal studies as it
20    deems appropriate or desirable or as the General Assembly
21    may request.
22        (3) Based on its studies, recommend such State fiscal
23    and economic policies as it deems appropriate or desirable
24    to improve the functioning of State government and the

 

 

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1    economy of the various regions within the State.
2        (4) Prepare annually a State economic report.
3        (5) Provide information for all appropriate
4    legislative organizations and personnel on economic trends
5    in relation to long range planning and budgeting.
6        (6) Study and make such recommendations as it deems
7    appropriate to the General Assembly on local and regional
8    economic and fiscal policy and on federal fiscal policy as
9    it may affect Illinois.
10        (7) Review capital expenditures, appropriations and
11    authorizations for both the State's general obligation and
12    revenue bonding authorities. At the direction of the
13    Commission, specific reviews may include economic
14    feasibility reviews of existing or proposed revenue bond
15    projects to determine the accuracy of the original estimate
16    of useful life of the projects, maintenance requirements
17    and ability to meet debt service requirements through their
18    operating expenses.
19        (8) Receive and review all executive agency and revenue
20    bonding authority annual and 3 year plans. The Commission
21    shall prepare a consolidated review of these plans, an
22    updated assessment of current State agency capital plans, a
23    report on the outstanding and unissued bond
24    authorizations, an evaluation of the State's ability to
25    market further bond issues and shall submit them as the
26    "Legislative Capital Plan Analysis" to the House and Senate

 

 

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1    Appropriations Committees at least once a year. The
2    Commission shall annually submit to the General Assembly on
3    the first Wednesday of April a report on the State's
4    long-term capital needs, with particular emphasis upon and
5    detail of the 5-year period in the immediate future.
6        (9) Study and make recommendations it deems
7    appropriate to the General Assembly on State bond
8    financing, bondability guidelines, and debt management. At
9    the direction of the Commission, specific studies and
10    reviews may take into consideration short and long-run
11    implications of State bonding and debt management policy.
12        (10) Comply with the provisions of the "State Debt
13    Impact Note Act" as now or hereafter amended.
14        (11) Comply with the provisions of the Pension Impact
15    Note Act, as now or hereafter amended.
16        (12) By August 1st of each year, the Commission must
17    prepare and cause to be published a summary report of State
18    appropriations for the State fiscal year beginning the
19    previous July 1st. The summary report must discuss major
20    categories of appropriations, the issues the General
21    Assembly faced in allocating appropriations, comparisons
22    with appropriations for previous State fiscal years, and
23    other matters helpful in providing the citizens of Illinois
24    with an overall understanding of appropriations for that
25    fiscal year. The summary report must be written in plain
26    language and designed for readability. Publication must be

 

 

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1    in newspapers of general circulation in the various areas
2    of the State to ensure distribution statewide. The summary
3    report must also be published on the General Assembly's web
4    site.
5        (13) Comply with the provisions of the State Facilities
6    Closure Act.
7        (14) For fiscal year 2012 and thereafter, develop a
8    3-year budget forecast for the State, including
9    opportunities and threats concerning anticipated revenues
10    and expenditures, with an appropriate level of detail.
11        (15) Perform the powers, duties, rights, and
12    responsibilities of the Legislative Research Unit as
13    transferred to the Commission under Section 7.
14    The requirement for reporting to the General Assembly shall
15be satisfied by filing copies of the report with the Speaker,
16the Minority Leader and the Clerk of the House of
17Representatives and the President, the Minority Leader and the
18Secretary of the Senate and the Legislative Research Unit, as
19required by Section 3.1 of the General Assembly Organization
20Act, and filing such additional copies with the State
21Government Report Distribution Center for the General Assembly
22as is required under paragraph (t) of Section 7 of the State
23Library Act.
24(Source: P.A. 96-958, eff. 7-1-10.)
 
25    (25 ILCS 155/4)  (from Ch. 63, par. 344)

 

 

10000HB0129ham001- 133 -LRB100 03797 RJF 43335 a

1    Sec. 4. (a) The Commission shall publish, at the convening
2of each regular session of the General Assembly, a report on
3the estimated income of the State from all applicable revenue
4sources for the next ensuing fiscal year and of any other funds
5estimated to be available for such fiscal year. The Commission,
6in its discretion, may consult with the Governor's Office of
7Management and Budget in preparing the report. On the third
8Wednesday in March after the session convenes, the Commission
9shall issue a revised and updated set of revenue figures
10reflecting the latest available information. The House and
11Senate by joint resolution shall adopt or modify such estimates
12as may be appropriate. The joint resolution shall constitute
13the General Assembly's estimate, under paragraph (b) of Section
142 of Article VIII of the Constitution, of the funds estimated
15to be available during the next fiscal year.
16    (b) On the third Wednesday in March, the Commission shall
17issue estimated:
18        (1) pension funding requirements under P.A. 86-273;
19    and
20        (2) liabilities of the State employee group health
21    insurance program.
22    These estimated costs shall be for the fiscal year
23beginning the following July 1.
24    (c) The requirement for reporting to the General Assembly
25shall be satisfied by filing copies of the report with the
26Speaker, the Minority Leader and the Clerk of the House of

 

 

10000HB0129ham001- 134 -LRB100 03797 RJF 43335 a

1Representatives and the President, the Minority Leader and the
2Secretary of the Senate and the Legislative Research unit, as
3required by Section 3.1 of the General Assembly Organization
4Act, and filing such additional copies with the State
5Government Report Distribution Center for the General Assembly
6as is required under paragraph (t) of Section 7 of the State
7Library Act.
8(Source: P.A. 96-958, eff. 7-1-10.)
 
9    (25 ILCS 155/7 new)
10    Sec. 7. Transfer of Legislative Research Unit functions. On
11and after the effective date of this amendatory Act of the
12100th General Assembly:
13    (a) All powers, duties, rights, and responsibilities of the
14Legislative Research Unit are transferred to the Commission on
15Government Forecasting and Accountability. Any reference in
16any law, rule, form, or other document to the Legislative
17Research Unit is deemed to be a reference to the Commission on
18Government Forecasting and Accountability.
19    (b) All powers, duties, rights, and responsibilities of the
20Executive Director of the Legislative Research Unit are
21transferred to the Executive Director of the Commission on
22Government Forecasting and Accountability. Any reference in
23any law, appropriation, rule, form, or other document to the
24Executive Director of the Legislative Research Unit is deemed
25to be a reference to the Executive Director of the Commission

 

 

10000HB0129ham001- 135 -LRB100 03797 RJF 43335 a

1on Government Forecasting and Accountability for all purposes.
2    (c) All personnel of the Legislative Research Unit are
3transferred to the Commission on Government Forecasting and
4Accountability. The status and rights of the transferred
5personnel under the Personnel Code, the Illinois Public Labor
6Relations Act, and applicable collective bargaining agreements
7or under any pension, retirement, or annuity plan shall not be
8affected by this Section.
9    (d) All books, records, papers, documents, property (real
10and personal), contracts, causes of action, and pending
11business of the Legislative Research Unit shall be transferred
12to the Commission on Government Forecasting and
13Accountability.
14    (e) All unexpended appropriations and balances and other
15funds available for use by the Legislative Research Unit shall
16be transferred for use by the Commission on Government
17Forecasting and Accountability. Unexpended balances so
18transferred shall be expended only for the purpose for which
19the appropriations were originally made.
20    (f) The powers, duties, rights, and responsibilities of the
21Legislative Research Unit with respect to the personnel
22transferred under this Section shall be vested in and shall be
23exercised by the Commission on Government Forecasting and
24Accountability.
25    (g) Whenever reports or notices are now required to be made
26or given or papers or documents furnished or served by any

 

 

10000HB0129ham001- 136 -LRB100 03797 RJF 43335 a

1person to or upon the Legislative Research Unit, the same shall
2be made, given, furnished, or served in the same manner to or
3upon the Commission on Government Forecasting and
4Accountability.
5    (h) Any rules of the Legislative Research Unit that are in
6full force on the effective date of this amendatory Act of the
7100th General Assembly shall become the rules of the Commission
8on Government Forecasting and Accountability. This Section
9does not affect the legality of any such rules in the Illinois
10Administrative Code.
11    (i) Any proposed rules filed with the Secretary of State by
12the Legislative Research Unit that are pending in the
13rulemaking process on the effective date of this amendatory Act
14of the 100th General Assembly, and that pertain to the powers,
15duties, rights, and responsibilities transferred under this
16Section, shall be deemed to have been filed by the Commission
17on Government Forecasting and Accountability. As soon as
18practicable, the Commission on Government Forecasting and
19Accountability shall revise and clarify the rules transferred
20to it under this Section using the procedures for
21recodification of rules available under the Illinois
22Administrative Procedure Act, except that existing title,
23part, and section numbering for the affected rules may be
24retained. The Commission on Government Forecasting and
25Accountability may propose and adopt under the Illinois
26Administrative Procedure Act such other rules of the

 

 

10000HB0129ham001- 137 -LRB100 03797 RJF 43335 a

1Legislative Research Unit that will now be administered by the
2Commission on Government Forecasting and Accountability.
 
3    Section 125. The Illinois State Auditing Act is amended by
4changing Section 3-15 as follows:
 
5    (30 ILCS 5/3-15)  (from Ch. 15, par. 303-15)
6    Sec. 3-15. Reports of Auditor General. By March 1, each
7year, the Auditor General shall submit to the Commission, the
8General Assembly and the Governor an annual report summarizing
9all audits, investigations and special studies made under this
10Act during the last preceding calendar year.
11    Once each 3 months, the Auditor General shall submit to the
12Commission a quarterly report concerning the operation of his
13office, including relevant fiscal and personnel matters,
14details of any contractual services utilized during that
15period, a summary of audits and studies still in process and
16such other information as the Commission requires.
17    The Auditor General shall prepare and distribute such other
18reports as may be required by the Commission.
19    All post audits directed by resolution of the House or
20Senate shall be reported to the members of the General
21Assembly, unless the directing resolution specifies otherwise.
22    The requirement for reporting to the General Assembly shall
23be satisfied by filing copies of the report with the Speaker,
24the Minority Leader and the Clerk of the House of

 

 

10000HB0129ham001- 138 -LRB100 03797 RJF 43335 a

1Representatives and the President, the Minority Leader and the
2Secretary of the Senate and the Legislative Research Unit, as
3required by Section 3.1 of the General Assembly Organization
4Act "An Act to revise the law in relation to the General
5Assembly", approved February 25, 1874, as amended, and filing
6such additional copies with the State Government Report
7Distribution Center for the General Assembly as is required
8under paragraph (t) of Section 7 of the State Library Act.
9(Source: P.A. 84-1438.)
 
10    Section 130. The Intergovernmental Drug Laws Enforcement
11Act is amended by changing Section 6 as follows:
 
12    (30 ILCS 715/6)  (from Ch. 56 1/2, par. 1706)
13    Sec. 6. The Director shall report annually, no later than
14February 1, to the Governor and the General Assembly on the
15operations of the Metropolitan Enforcement Groups, including a
16breakdown of the appropriation for the current fiscal year
17indicating the amount of the State grant each MEG received or
18will receive.
19    The requirement for reporting to the General Assembly shall
20be satisfied by filing copies of the report with the Speaker,
21the Minority Leader and the Clerk of the House of
22Representatives and the President, the Minority Leader and the
23Secretary of the Senate and the Legislative Research Unit, as
24required by Section 3.1 of the General Assembly Organization

 

 

10000HB0129ham001- 139 -LRB100 03797 RJF 43335 a

1Act "An Act to revise the law in relation to the General
2Assembly", approved February 25, 1874, as amended, and filing
3such additional copies with the State Government Report
4Distribution Center for the General Assembly as is required
5under paragraph (t) of Section 7 of the State Library Act.
6(Source: P.A. 84-1438.)
 
7    Section 135. The State Mandates Act is amended by changing
8Sections 4 and 7 as follows:
 
9    (30 ILCS 805/4)  (from Ch. 85, par. 2204)
10    Sec. 4. Collection and maintenance of information
11concerning state mandates.
12    (a) The Department of Commerce and Economic Opportunity,
13hereafter referred to as the Department, shall be responsible
14for:
15        (1) Collecting and maintaining information on State
16    mandates, including information required for effective
17    implementation of the provisions of this Act.
18        (2) Reviewing local government applications for
19    reimbursement submitted under this Act in cases in which
20    the General Assembly has appropriated funds to reimburse
21    local governments for costs associated with the
22    implementation of a State mandate. In cases in which there
23    is no appropriation for reimbursement, upon a request for
24    determination of a mandate by a unit of local government,

 

 

10000HB0129ham001- 140 -LRB100 03797 RJF 43335 a

1    or more than one unit of local government filing a single
2    request, other than a school district or a community
3    college district, the Department shall determine whether a
4    Public Act constitutes a mandate and, if so, the Statewide
5    cost of implementation.
6        (3) Hearing complaints or suggestions from local
7    governments and other affected organizations as to
8    existing or proposed State mandates.
9        (4) Reporting each year to the Governor and the General
10    Assembly regarding the administration of provisions of
11    this Act and changes proposed to this Act.
12    The Commission on Government Forecasting and
13Accountability Legislative Research Unit shall conduct public
14hearings as needed to review the information collected and the
15recommendations made by the Department under this subsection
16(a). The Department shall cooperate fully with the Commission
17on Government Forecasting and Accountability Legislative
18Research Unit, providing any information, supporting
19documentation and other assistance required by the Commission
20on Government Forecasting and Accountability Legislative
21Research Unit to facilitate the conduct of the hearing.
22    (b) Within 2 years following the effective date of this
23Act, the Department shall collect and tabulate relevant
24information as to the nature and scope of each existing State
25mandate, including but not necessarily limited to (i) identity
26of type of local government and local government agency or

 

 

10000HB0129ham001- 141 -LRB100 03797 RJF 43335 a

1official to whom the mandate is directed; (ii) whether or not
2an identifiable local direct cost is necessitated by the
3mandate and the estimated annual amount; (iii) extent of State
4financial participation, if any, in meeting identifiable
5costs; (iv) State agency, if any, charged with supervising the
6implementation of the mandate; and (v) a brief description of
7the mandate and a citation of its origin in statute or
8regulation.
9    (c) The resulting information from subsection (b) shall be
10published in a catalog available to members of the General
11Assembly, State and local officials, and interested citizens.
12As new mandates are enacted they shall be added to the catalog,
13and each January 31 the Department shall list each new mandate
14enacted at the preceding session of the General Assembly, and
15the estimated additional identifiable direct costs, if any
16imposed upon local governments. A revised version of the
17catalog shall be published every 2 years beginning with the
18publication date of the first catalog.
19    (d) Failure of the General Assembly to appropriate adequate
20funds for reimbursement as required by this Act shall not
21relieve the Department of Commerce and Economic Opportunity
22from its obligations under this Section.
23(Source: P.A. 93-632, eff. 2-1-04.)
 
24    (30 ILCS 805/7)  (from Ch. 85, par. 2207)
25    Sec. 7. Review of existing mandates.

 

 

10000HB0129ham001- 142 -LRB100 03797 RJF 43335 a

1    (a) Beginning with the 2019 catalog and every other year
2thereafter, concurrently with, or within 3 months subsequent to
3the publication of a catalog of State mandates as prescribed in
4subsection (b) of Section 4, the Department shall submit to the
5Governor and the General Assembly a review and report on
6mandates enacted in the previous 2 years and remaining in
7effect at the time of submittal of the report. The Department
8may fulfill its responsibilities for compiling the report by
9entering into a contract for service.
10    Beginning with the 2017 catalog and every 10 years
11thereafter, concurrently with, or within 3 months subsequent to
12the publication of a catalog of State mandates as prescribed in
13subsection (b) of Section 4, the Department shall submit to the
14Governor and the General Assembly a review and report on all
15effective mandates at the time of submittal of the reports.
16    (b) The report shall include for each mandate the factual
17information specified in subsection (b) of Section 4 for the
18catalog. The report may also include the following: (1) extent
19to which the enactment of the mandate was requested, supported,
20encouraged or opposed by local governments or their respective
21organization; (2) whether the mandate continues to meet a
22Statewide policy objective or has achieved the initial policy
23intent in whole or in part; (3) amendments if any are required
24to make the mandate more effective; (4) whether the mandate
25should be retained or rescinded; (5) whether State financial
26participation in helping meet the identifiable increased local

 

 

10000HB0129ham001- 143 -LRB100 03797 RJF 43335 a

1costs arising from the mandate should be initiated, and if so,
2recommended ratios and phasing-in schedules; (6) any other
3information or recommendations which the Department considers
4pertinent; (7) any comments about the mandate submitted by
5affected units of government; and (8) a statewide cost of
6compliance estimate.
7    (c) The appropriate committee of each house of the General
8Assembly shall review the report and shall initiate such
9legislation or other action as it deems necessary.
10    The requirement for reporting to the General Assembly shall
11be satisfied by filing copies of the report with the Speaker,
12the Minority Leader and the Clerk of the House of
13Representatives and the President, the Minority Leader, the
14Secretary of the Senate, the members of the committees required
15to review the report under subsection (c) and the Legislative
16Research Unit, as required by Section 3.1 of the General
17Assembly Organization Act, and filing such additional copies
18with the State Government Report Distribution Center for the
19General Assembly as is required under paragraph (t) of Section
207 of the State Library Act.
21(Source: P.A. 99-789, eff. 8-12-16; 100-201, eff. 8-18-17;
22100-242, eff. 1-1-18.)
 
23    Section 140. The Property Tax Code is amended by changing
24Section 16-190 as follows:
 

 

 

10000HB0129ham001- 144 -LRB100 03797 RJF 43335 a

1    (35 ILCS 200/16-190)
2    Sec. 16-190. Record of proceedings and orders.
3    (a) The Property Tax Appeal Board shall keep a record of
4its proceedings and orders and the record shall be a public
5record. In all cases where the contesting party is seeking a
6change of $100,000 or more in assessed valuation, the
7contesting party must provide a court reporter at his or her
8own expense. The original certified transcript of such hearing
9shall be forwarded to the Springfield office of the Property
10Tax Appeal Board and shall become part of the Board's official
11record of the proceeding on appeal. Each year the Property Tax
12Appeal Board shall publish a volume containing a synopsis of
13representative cases decided by the Board during that year. The
14publication shall be organized by or cross-referenced by the
15issue presented before the Board in each case contained in the
16publication. The publication shall be available for inspection
17by the public at the Property Tax Appeal Board offices and
18copies shall be available for a reasonable cost, except as
19provided in Section 16-191.
20    (b) The Property Tax Appeal Board shall provide annually,
21no later than February 1, to the Governor and the General
22Assembly a report that contains for each county the following:
23        (1) the total number of cases for commercial and
24    industrial property requesting a reduction in assessed
25    value of $100,000 or more for each of the last 5 years;
26        (2) the total number of cases for commercial and

 

 

10000HB0129ham001- 145 -LRB100 03797 RJF 43335 a

1    industrial property decided by the Property Tax Appeal
2    Board for each of the last 5 years; and
3        (3) the total change in assessed value based on the
4    Property Tax Appeal Board decisions for commercial
5    property and industrial property for each of the last 5
6    years.
7    (c) The requirement for providing a report to the General
8Assembly shall be satisfied by filing copies of the report with
9the following:
10        (1) the Speaker of the House of Representatives;
11        (2) the Minority Leader of the House of
12    Representatives;
13        (3) the Clerk of the House of Representatives;
14        (4) the President of the Senate;
15        (5) the Minority Leader of the Senate;
16        (6) the Secretary of the Senate;
17        (7) the Commission on Government Forecasting and
18    Accountability Legislative Research Unit, as required by
19    Section 3.1 of the General Assembly Organization Act; and
20        (8) the State Government Report Distribution Center
21    for the General Assembly, as required by subsection (t) of
22    Section 7 of the State Library Act.
23(Source: P.A. 95-331, eff. 8-21-07.)
 
24    Section 145. The Illinois Pension Code is amended by
25changing Sections 1A-108, 5-226, 6-220, 21-120, and 22A-109 as

 

 

10000HB0129ham001- 146 -LRB100 03797 RJF 43335 a

1follows:
 
2    (40 ILCS 5/1A-108)
3    Sec. 1A-108. Report to the Governor and General Assembly.
4On or before October 1 following the convening of a regular
5session of the General Assembly, the Division shall submit a
6report to the Governor and General Assembly setting forth the
7latest financial statements on the pension funds operating in
8the State of Illinois, a summary of the current provisions
9underlying these funds, and a report on any changes that have
10occurred in these provisions since the date of the last such
11report submitted by the Division.
12    The report shall also include the results of examinations
13made by the Division of any pension fund and any specific
14recommendations for legislative and administrative correction
15that the Division deems necessary. The report may embody
16general recommendations concerning desirable changes in any
17existing pension, annuity, or retirement laws designed to
18standardize and establish uniformity in their basic provisions
19and to bring about an improvement in the financial condition of
20the pension funds. The purposes of these recommendations and
21the objectives sought shall be clearly expressed in the report.
22    The requirement for reporting to the General Assembly shall
23be satisfied by filing copies of the report with the Speaker,
24the Minority Leader, and the Clerk of the House of
25Representatives, the President, the Minority Leader, and the

 

 

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1Secretary of the Senate, and the Legislative Research Unit, as
2required by Section 3.1 of the General Assembly Organization
3Act, and filing additional copies with the State Government
4Report Distribution Center for the General Assembly as required
5under paragraph (t) of Section 7 of the State Library Act.
6    Upon request, the Division shall distribute additional
7copies of the report at no charge to the secretary of each
8pension fund established under Article 3 or 4, the treasurer or
9fiscal officer of each municipality with an established police
10or firefighter pension fund, the executive director of every
11other pension fund established under this Code, and to public
12libraries, State agencies, and police, firefighter, and
13municipal organizations active in the public pension area.
14(Source: P.A. 90-507, eff. 8-22-97.)
 
15    (40 ILCS 5/5-226)  (from Ch. 108 1/2, par. 5-226)
16    Sec. 5-226. Examination and report by Director of
17Insurance. The Director of Insurance biennially shall make a
18thorough examination of the fund provided for in this Article.
19He or she shall report the results thereof with such
20recommendations as he or she deems proper to the Governor for
21transmittal to the General Assembly, and send a copy to the
22board and to the city council of the city. The city council
23shall file such report and recommendations in the official
24record of its proceedings.
25    The requirement for reporting to the General Assembly shall

 

 

10000HB0129ham001- 148 -LRB100 03797 RJF 43335 a

1be satisfied by filing copies of the report with the Speaker,
2the Minority Leader and the Clerk of the House of
3Representatives and the President, the Minority Leader and the
4Secretary of the Senate and the Legislative Research Unit, as
5required by Section 3.1 of the General Assembly Organization
6Act "An Act to revise the law in relation to the General
7Assembly", approved February 25, 1874, as amended, and filing
8such additional copies with the State Government Report
9Distribution Center for the General Assembly as is required
10under paragraph (t) of Section 7 of the State Library Act.
11(Source: P.A. 84-1438.)
 
12    (40 ILCS 5/6-220)  (from Ch. 108 1/2, par. 6-220)
13    Sec. 6-220. Examination and report by director of
14insurance. The Director of Insurance biennially shall make a
15thorough examination of the fund provided for in this Article.
16He or she shall report the results thereof with such
17recommendations as he or she deems proper to the Governor for
18transmittal to the General Assembly and send a copy to the
19board and to the city council of the city. The city council
20shall file such report and recommendations in the official
21record of its proceedings.
22    The requirement for reporting to the General Assembly shall
23be satisfied by filing copies of the report with the Speaker,
24the Minority Leader and the Clerk of the House of
25Representatives and the President, the Minority Leader and the

 

 

10000HB0129ham001- 149 -LRB100 03797 RJF 43335 a

1Secretary of the Senate and the Legislative Research Unit, as
2required by Section 3.1 of the General Assembly Organization
3Act "An Act to revise the law in relation to the General
4Assembly", approved February 25, 1874, as amended, and filing
5such additional copies with the State Government Report
6Distribution Center for the General Assembly as is required
7under paragraph (t) of Section 7 of the State Library Act.
8(Source: P.A. 84-1438.)
 
9    (40 ILCS 5/21-120)  (from Ch. 108 1/2, par. 21-120)
10    Sec. 21-120. Report. The State Agency shall submit a report
11to the General Assembly at the beginning of each Regular
12Session, covering the administration and operation of this
13Article during the preceding biennium, including such
14recommendations for amendments to this Article as it considers
15proper.
16    The requirement for reporting to the General Assembly shall
17be satisfied by filing copies of the report with the Speaker,
18the Minority Leader and the Clerk of the House of
19Representatives and the President, the Minority Leader and the
20Secretary of the Senate and the Legislative Research Unit, as
21required by Section 3.1 of the General Assembly Organization
22Act "An Act to revise the law in relation to the General
23Assembly", approved February 25, 1874, as amended, and filing
24such additional copies with the State Government Report
25Distribution Center for the General Assembly as is required

 

 

10000HB0129ham001- 150 -LRB100 03797 RJF 43335 a

1under paragraph (t) of Section 7 of the State Library Act.
2(Source: P.A. 84-1028.)
 
3    (40 ILCS 5/22A-109)  (from Ch. 108 1/2, par. 22A-109)
4    Sec. 22A-109. Membership of board. The board shall consist
5of the following members:
6        (1) Five trustees appointed by the Governor with the
7    advice and consent of the Senate who may not hold an
8    elective State office.
9        (2) The Treasurer.
10        (3) The Comptroller, who shall represent the State
11    Employees' Retirement System of Illinois.
12        (4) The Chairperson of the General Assembly Retirement
13    System.
14        (5) The Chairperson of the Judges Retirement System of
15    Illinois.
16The appointive members shall serve for terms of 4 years except
17that the terms of office of the original appointive members
18pursuant to this amendatory Act of the 96th General Assembly
19shall be as follows: One member for a term of 1 year; 1 member
20for a term of 2 years; 1 member for a term of 3 years; and 2
21members for a term of 4 years. Vacancies among the appointive
22members shall be filled for unexpired terms by appointment in
23like manner as for original appointments, and appointive
24members shall continue in office until their successors have
25been appointed and have qualified.

 

 

10000HB0129ham001- 151 -LRB100 03797 RJF 43335 a

1    Notwithstanding any provision of this Section to the
2contrary, the term of office of each trustee of the Board
3appointed by the Governor who is sitting on the Board on the
4effective date of this amendatory Act of the 96th General
5Assembly is terminated on that effective date. A trustee
6sitting on the board on the effective date of this amendatory
7Act of the 96th General Assembly may not hold over in office
8for more than 60 days after the effective date of this
9amendatory Act of the 96th General Assembly. Nothing in this
10Section shall prevent the Governor from making a temporary
11appointment or nominating a trustee holding office on the day
12before the effective date of this amendatory Act of the 96th
13General Assembly.
14    Each person appointed to membership shall qualify by taking
15an oath of office before the Secretary of State stating that he
16will diligently and honestly administer the affairs of the
17board and will not violate or knowingly permit the violation of
18any provisions of this Article.
19    Members of the board shall receive no salary for service on
20the board but shall be reimbursed for travel expenses incurred
21while on business for the board according to the standards in
22effect for members of the Commission on Government Forecasting
23and Accountability Illinois Legislative Research Unit.
24    A majority of the members of the board shall constitute a
25quorum. The board shall elect from its membership, biennially,
26a Chairman, Vice Chairman and a Recording Secretary. These

 

 

10000HB0129ham001- 152 -LRB100 03797 RJF 43335 a

1officers, together with one other member elected by the board,
2shall constitute the executive committee. During the interim
3between regular meetings of the board, the executive committee
4shall have authority to conduct all business of the board and
5shall report such business conducted at the next following
6meeting of the board for ratification.
7    No member of the board shall have any interest in any
8brokerage fee, commission or other profit or gain arising out
9of any investment made by the board. This paragraph does not
10preclude ownership by any member of any minority interest in
11any common stock or any corporate obligation in which
12investment is made by the board.
13    The board shall contract for a blanket fidelity bond in the
14penal sum of not less than $1,000,000.00 to cover members of
15the board, the director and all other employees of the board
16conditioned for the faithful performance of the duties of their
17respective offices, the premium on which shall be paid by the
18board.
19(Source: P.A. 99-708, eff. 7-29-16.)
 
20    Section 150. The Midwestern Higher Education Compact Act is
21amended by changing Section 2a as follows:
 
22    (45 ILCS 155/2a)  (from Ch. 144, par. 2803)
23    Sec. 2a. The Commission on Government Forecasting and
24Accountability, Legislative Research Unit in order to ensure

 

 

10000HB0129ham001- 153 -LRB100 03797 RJF 43335 a

1the purposes of this Act as determined by Section 1, shall in
2January of 1993 and each January thereafter report to the
3Governor and General Assembly. This report shall contain a
4program evaluation and recommendations as to the advisability
5of the continued participation of Illinois in the Midwestern
6Higher Education Compact.
7(Source: P.A. 93-632, eff. 2-1-04.)
 
8    Section 155. The Illinois Fire Protection Training Act is
9amended by changing Section 13 as follows:
 
10    (50 ILCS 740/13)  (from Ch. 85, par. 543)
11    (Text of Section before amendment by P.A. 100-600)
12    Sec. 13. Additional powers and duties. In addition to the
13other powers and duties given to the Office by this Act, the
14Office:
15        (1) may employ a Director of Personnel Standards and
16    Education and other necessary clerical and technical
17    personnel;
18        (2) may make such reports and recommendations to the
19    Governor and the General Assembly in regard to fire
20    protection personnel, standards, education, and related
21    topics as it deems proper;
22        (3) shall report to the Governor and the General
23    Assembly no later than March 1 of each year the affairs and
24    activities of the Office for the preceding year.

 

 

10000HB0129ham001- 154 -LRB100 03797 RJF 43335 a

1    The requirement for reporting to the General Assembly shall
2be satisfied by filing copies of the report with the Speaker,
3the Minority Leader and the Clerk of the House of
4Representatives and the President, the Minority Leader and the
5Secretary of the Senate and the Legislative Research Unit, as
6required by Section 3.1 of the General Assembly Organization
7Act "An Act to revise the law in relation to the General
8Assembly", approved February 25, 1874, as amended, and filing
9such 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(Source: P.A. 84-1438.)
 
13    (Text of Section after amendment by P.A. 100-600)
14    Sec. 13. Additional powers and duties. In addition to the
15other powers and duties given to the Office by this Act, the
16Office:
17        (1) may employ a Manager of Personnel Standards and
18    Education and other necessary clerical and technical
19    personnel;
20        (2) may make such reports and recommendations to the
21    Governor and the General Assembly in regard to fire
22    protection personnel, standards, education, and related
23    topics as it deems proper;
24        (3) shall report to the Governor and the General
25    Assembly no later than March 1 of each year the affairs and

 

 

10000HB0129ham001- 155 -LRB100 03797 RJF 43335 a

1    activities of the Office for the preceding year.
2    The requirement for reporting to the General Assembly shall
3be satisfied by filing copies of the report with the Speaker,
4the Minority Leader and the Clerk of the House of
5Representatives and the President, the Minority Leader and the
6Secretary of the Senate and the Legislative Research Unit, as
7required by Section 3.1 of the General Assembly Organization
8Act "An Act to revise the law in relation to the General
9Assembly", approved February 25, 1874, as amended, and filing
10such additional copies with the State Government Report
11Distribution Center for the General Assembly as is required
12under paragraph (t) of Section 7 of the State Library Act.
13(Source: P.A. 100-600, eff. 1-1-19.)
 
14    Section 160. The Illinois Municipal Code is amended by
15changing Section 11-4-5 as follows:
 
16    (65 ILCS 5/11-4-5)  (from Ch. 24, par. 11-4-5)
17    Sec. 11-4-5. The books of the house of correction shall be
18kept so as to clearly exhibit the state of the prisoners, the
19number received and discharged, the number employed as servants
20or in cultivating or improving the premises, the number
21employed in each branch of industry carried on, and the
22receipts from, and expenditures for, and on account of, each
23department of business, or for improvement of the premises. A
24quarterly statement shall be made out, which shall specify

 

 

10000HB0129ham001- 156 -LRB100 03797 RJF 43335 a

1minutely, all receipts and expenditures, from whom received and
2to whom paid, and for what purpose, proper vouchers for each,
3to be audited and certified by the inspectors, and submitted to
4the comptroller of the city, and by him or her, to the
5corporate authorities thereof, for examination and approval.
6The accounts of the house of correction shall be annually
7closed and balanced on the first day of January of each year,
8and a full report of the operations of the preceding year shall
9be made out and submitted to the corporate authorities of the
10city, and to the Governor of the state, to be transmitted by
11the Governor to the General Assembly.
12    The requirement for reporting to the General Assembly shall
13be satisfied by filing copies of the report with the Speaker,
14the Minority Leader and the Clerk of the House of
15Representatives and the President, the Minority Leader and the
16Secretary of the Senate and the Legislative Research Unit, as
17required by Section 3.1 of the General Assembly Organization
18Act "An Act to revise the law in relation to the General
19Assembly", approved February 25, 1874, as amended, and filing
20such additional copies with the State Government Report
21Distribution Center for the General Assembly as is required
22under paragraph (t) of Section 7 of the State Library Act.
23(Source: P.A. 84-1438.)
 
24    Section 165. The Interstate Airport Authorities Act is
25amended by changing Section 2 as follows:
 

 

 

10000HB0129ham001- 157 -LRB100 03797 RJF 43335 a

1    (70 ILCS 10/2)  (from Ch. 15 1/2, par. 252)
2    Sec. 2. (a) Governmental units in each of the party states
3are hereby authorized to combine in the creation of an airport
4authority for the purpose of jointly supporting and operating
5an airport terminal and all properties attached thereto. The
6number of such governmental units are not limited as to
7character or size except that membership shall be composed of
8an equal number of members from each party state, designated or
9appointed by the legislative body of the participating
10governmental unit: Provided, That the federal government may be
11represented by a non-voting agent or representative if
12authorized by federal law.
13    (b) The authorized airport authority shall come into being
14upon the passage of resolutions or ordinances containing
15identical agreement duly and legally enacted by the legislative
16bodies of the governmental units to be combined into the
17airport authority. If passage is by resolution, it may be joint
18or several, however, the resolution, ordinance or enabling
19legislation of the combining governmental units shall provide
20for the number of members, the residence requirements of the
21members, the length of term of the members and shall authorize
22the appointment of an additional member to be made by the
23governor of each party state. If the member appointed by the
24governor shall be selected from the membership or staff of the
25Department of Aeronautics or its successor agency or

 

 

10000HB0129ham001- 158 -LRB100 03797 RJF 43335 a

1aeronautics commission of his state, there shall be no
2limitation as to place of residence, and the length of tenure
3of office shall be at the pleasure of the governor.
4    (c) The respective members of the airport authority, except
5any member representing the federal government, shall each be
6entitled to one vote. Any action of the membership of the
7airport authority shall not be official unless taken at a
8meeting in which a majority of the voting members from each
9party state are present and unless a majority of those from
10each state concur: Provided, That any action not binding for
11such reason may be ratified within thirty days by the
12concurrence of a majority of the members of each party state.
13In the absence of any member, his vote may be cast by another
14representative or member of his state if the representative
15casting such vote shall have a written proxy in proper form as
16may be required by the airport authority.
17    (d) The airport authority may sue and be sued, and shall
18adopt an official seal.
19    (e) The airport authority shall have the power to appoint
20and remove or discharge personnel as may be necessary for the
21performance of the airport's functions irrespective of the
22civil service, personnel or other merit system laws of either
23of the party states.
24    (f) The airport authority shall elect annually, from its
25membership, a chairman, a vice-chairman and a treasurer.
26    (g) The airport authority may establish and maintain or

 

 

10000HB0129ham001- 159 -LRB100 03797 RJF 43335 a

1participate in programs of employee benefits as may be
2appropriate to afford employees of the airport authority terms
3and conditions of employment similar to those enjoyed by the
4employees of each of the party states.
5    (h) The airport authority may borrow, accept, or contract
6for the services of personnel from any state or the United
7States or any subdivision or agency thereof, from any
8interstate agency, or from any institution, person, firm or
9corporation.
10    (i) The airport authority may accept for any of its
11purposes and functions any and all donations and grants of
12money, equipment, supplies, materials and services,
13conditional or otherwise, from any state, from the United
14States, from any subdivision or agency thereof, from any
15interstate agency, or from any institution, person, firm or
16corporation; and may receive, utilize and dispose of the same.
17    (j) The airport authority may establish and maintain such
18facilities as may be necessary for the transaction of its
19business. The airport authority may acquire, hold and convey
20real and personal property and any interest therein, and may
21enter into such contracts for the improvements upon real estate
22appurtenant to the airport, including farming, extracting
23minerals, subleasing, subdividing, promoting and developing of
24such real estate as shall aid and encourage the development and
25service of the airport. The airport authority may engage
26contractors to provide airport services, and shall carefully

 

 

10000HB0129ham001- 160 -LRB100 03797 RJF 43335 a

1observe all appropriate federal or state regulations in the
2operation of the air facility.
3    (k) The airport authority may adopt official rules and
4regulations for the conduct of its business, and may amend or
5rescind the same when necessary.
6    (l) The airport authority shall annually make a report to
7the governor of each party state concerning the activities of
8the airport authority for the preceding year; and shall embody
9in such report recommendations as may have been adopted by the
10airport authority. The copies of such report shall be submitted
11to the legislature or general assembly of each of the party
12states at any regular session of such legislative body. The
13airport authority may issue such additional reports as may be
14deemed necessary.
15    The requirement for reporting to the General Assembly shall
16be satisfied by filing copies of the report with the Speaker,
17the Minority Leader and the Clerk of the House of
18Representatives and the President, the Minority Leader and the
19Secretary of the Senate and the Legislative Research Unit, as
20required by Section 3.1 of the General Assembly Organization
21Act "An Act to revise the law in relation to the General
22Assembly", approved February 25, 1874, as amended, and filing
23such additional copies with the State Government Report
24Distribution Center for the General Assembly as is required
25under paragraph (t) of Section 7 of the State Library Act.
26(Source: P.A. 84-1438.)
 

 

 

10000HB0129ham001- 161 -LRB100 03797 RJF 43335 a

1    Section 170. The Quad Cities Regional Economic Development
2Authority Act, approved September 22, 1987 is amended by
3changing Section 6 as follows:
 
4    (70 ILCS 510/6)  (from Ch. 85, par. 6206)
5    Sec. 6. Records and Reports of the Authority. The secretary
6shall keep a record of the proceedings of the Authority. The
7treasurer of the Authority shall be custodian of all Authority
8funds, and shall be bonded in such amount as the other members
9of the Authority may designate. The accounts and bonds of the
10Authority shall be set up and maintained in a manner approved
11by the Auditor General, and the Authority shall file with the
12Auditor General a certified annual report within 120 days after
13the close of its fiscal year. The Authority shall also file
14with the Governor, the Secretary of the Senate, the Clerk of
15the House of Representatives, and the Commission on Government
16Forecasting and Accountability Legislative Research Unit, by
17March 1 of each year, a written report covering its activities
18and any activities of any instrumentality corporation
19established pursuant to this Act for the previous fiscal year.
20In its report to be filed by March 1, 1988, the Authority shall
21present an economic development strategy for the Quad Cities
22region for the year beginning July 1, 1988 and for the 4 years
23next ensuing. In each annual report thereafter, the Authority
24shall make modifications in such economic development strategy

 

 

10000HB0129ham001- 162 -LRB100 03797 RJF 43335 a

1for the 4 years beginning on the next ensuing July 1, to
2reflect changes in economic conditions or other factors,
3including the policies of the Authority and the State of
4Illinois. It also shall present an economic development
5strategy for the fifth year beginning after the next ensuing
6July 1. The strategy shall recommend specific legislative and
7administrative action by the State, the Authority, units of
8local government or other governmental agencies. Such
9recommendations may include, but are not limited to, new
10programs, modifications to existing programs, credit
11enhancements for bonds issued by the Authority, and amendments
12to this Act. When filed, such report shall be a public record
13and open for inspection at the offices of the Authority during
14normal business hours.
15(Source: P.A. 93-632, eff. 2-1-04.)
 
16    Section 175. The Illinois Urban Development Authority Act
17is amended by changing Section 6 as follows:
 
18    (70 ILCS 531/6)
19    Sec. 6. Records and reports of the Authority. The secretary
20shall keep a record of the proceedings of the Authority. The
21treasurer of the Authority shall be custodian of all Authority
22funds, and shall be bonded in such amount as the other members
23of the Authority may designate. The accounts and bonds of the
24Authority shall be set up and maintained in a manner approved

 

 

10000HB0129ham001- 163 -LRB100 03797 RJF 43335 a

1by the Auditor General, and the Authority shall file with the
2Auditor General a certified annual report within 120 days after
3the close of its fiscal year. The Authority shall also file
4with the Governor, the Secretary of the Senate, the Clerk of
5the House of Representatives, and the Commission on Government
6Forecasting and Accountability Legislative Research Unit, by
7March 1 of each year, a written report covering its activities
8and any activities of any instrumentality corporation
9established under this Act for the previous fiscal year. In its
10report to be filed by March 1, 2010, the Authority shall
11present an economic development strategy for all
12municipalities with a municipal poverty rate greater than 3% in
13excess of the statewide average, the Authority shall make
14modifications in the economic development strategy for the 4
15years beginning on the next ensuing July 1, to reflect changes
16in economic conditions or other factors, including the policies
17of the Authority and the State of Illinois. It shall also
18present an economic development strategy for the fifth year
19beginning after the next ensuing July 1. The strategy shall
20recommend specific legislative and administrative action by
21the State, the Authority, units of local government, or other
22governmental agencies. These recommendations may include, but
23are not limited to, new programs, modifications to existing
24programs, credit enhancements for bonds issued by the
25Authority, and amendments to this Act. When filed, the report
26shall be a public record and open for inspection at the offices

 

 

10000HB0129ham001- 164 -LRB100 03797 RJF 43335 a

1of the Authority during normal business hours.
2(Source: P.A. 96-234, eff. 1-1-10.)
 
3    Section 180. The Illinois Medical District Act is amended
4by changing Section 2 as follows:
 
5    (70 ILCS 915/2)  (from Ch. 111 1/2, par. 5002)
6    Sec. 2. Illinois Medical District Commission.
7    (a) There is hereby created a political subdivision, unit
8of local government, body politic and corporate under the
9corporate name of Illinois Medical District Commission,
10hereinafter called the Commission, whose general purpose in
11addition to and not in limitation of those purposes and powers
12set forth in other Sections of this Act shall be to:
13        (1) maintain the proper surroundings for a medical
14    center and a related technology center in order to attract,
15    stabilize, and retain therein hospitals, clinics, research
16    facilities, educational facilities, or other facilities
17    permitted under this Act;
18        (2) provide for the orderly creation and expansion of
19    (i) various county, and local governmental facilities as
20    permitted under this Act, including, but not limited to,
21    juvenile detention facilities, (ii) other ancillary or
22    related facilities which the Commission may from time to
23    time determine are established and operated for any aspect
24    of the carrying out of the Commission's purposes as set

 

 

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1    forth in this Act, or are established and operated for the
2    study, diagnosis, and treatment of human ailments and
3    injuries, whether physical or mental, or to promote
4    medical, surgical, and scientific research and knowledge
5    as permitted under this Act, (iii) medical research and
6    high technology parks, together with the necessary lands,
7    buildings, facilities, equipment, and personal property
8    therefore, and (iv) other facility development to generate
9    and maintain revenue streams sufficient to fund the
10    operations of the Commission and for the District, and to
11    provide for any cash reserves as the Commission shall deem
12    prudent.
13    (b) The Commission shall have perpetual succession, power
14to contract and be contracted with, to sue and be sued in its
15corporate name, but judgment shall not in any case be issued
16against any property of the Commission, to have and use a
17common seal, and to alter the same at pleasure. All actions
18sounding in tort against the Commission shall be prosecuted in
19the Court of Claims. The principal office of the Commission
20shall be in the city of Chicago, and the Commission may
21establish such other offices within the state of Illinois at
22such places as to the Commission shall seem advisable. Such
23Commission shall consist of 7 members, 4 of whom shall be
24appointed by the Governor, 2 by the Mayor of Chicago, and one
25by the President of the County Board of Cook County. All
26members shall hold office for a term of 5 years and until their

 

 

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1successors are appointed as provided in this Act; provided,
2that as soon as possible after the effective date of this
3amendatory Act, the Governor shall appoint 4 members for terms
4expiring, respectively, on June 30, 1952, 1953, 1954 and 1955.
5The terms of all members heretofore appointed by the Governor
6shall expire upon the commencement of the terms of the members
7appointed pursuant to this amendatory Act. Any vacancy in the
8membership of the Commission occurring by reason of the death,
9resignation, disqualification, removal or inability or refusal
10to act of any of the members of the Commission shall be filled
11by the person who had appointed the particular member, and for
12the unexpired term of office of that particular member. A
13vacancy caused by the expiration of the period for which the
14member was appointed shall be filled by a new appointment for a
15term of 5 years from the date of such expiration of the prior 5
16year term notwithstanding when such appointment is actually
17made. The Commission shall obtain such personnel as to the
18Commission shall seem advisable to carry out the purposes of
19this Act and the work of the Commission. The Commission may
20appoint a General Attorney and define the duties of that
21General Attorney.
22    The Commission shall hold regular meetings annually for the
23election of a president, vice-president, secretary, and
24treasurer and for the adoption of a budget. Special meetings
25may be called by the President or by any 2 members. Each member
26shall take an oath of office for the faithful performance of

 

 

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1his duties. Four members of the Commission shall constitute a
2quorum for the transaction of business.
3    The Commission shall submit, to the General Assembly not
4later than March 1 of each odd-numbered year, a detailed report
5covering its operations for the 2 preceding calendar years and
6a statement of its program for the next 2 years.
7    The requirement for reporting to the General Assembly shall
8be satisfied by filing copies of the report with the Speaker,
9the Minority Leader and the Clerk of the House of
10Representatives and the President, the Minority Leader and the
11Secretary of the Senate and the Legislative Research Unit, as
12required by Section 3.1 of the General Assembly Organization
13Act, and filing such additional copies with the State
14Government Report Distribution Center for the General Assembly
15as is required under paragraph (t) of Section 7 of the State
16Library Act.
17(Source: P.A. 97-825, eff. 7-18-12.)
 
18    Section 185. The Mid-Illinois Medical District Act is
19amended by changing Section 10 as follows:
 
20    (70 ILCS 925/10)
21    Sec. 10. Mid-Illinois Medical District Commission.
22    (a) There is created a body politic and corporate under the
23corporate name of the Mid-Illinois Medical District Commission
24whose general purpose, in addition to and not in limitation of

 

 

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1those purposes and powers set forth in this Act, is to:
2        (1) maintain the proper surroundings for a medical
3    center and a related technology center in order to attract,
4    stabilize, and retain within the District hospitals,
5    clinics, research facilities, educational facilities, or
6    other facilities permitted under this Act;
7        (2) provide for the orderly creation, maintenance,
8    development, and expansion of (i) health care facilities
9    and other ancillary or related facilities that the
10    Commission may from time to time determine are established
11    and operated (A) for any aspect of the carrying out of the
12    Commission's purposes as set forth in this Act, (B) for the
13    study, diagnosis, and treatment of human ailments and
14    injuries, whether physical or mental, or (C) to promote
15    medical, surgical, and scientific research and knowledge
16    as permitted under this Act; and (ii) medical research and
17    high technology parks, together with the necessary lands,
18    buildings, facilities, equipment, and personal property
19    for those parks; and
20        (3) convene dialogue among leaders in the public and
21    the private sectors on topics and issues associated with
22    training in the delivery of health care services in the
23    District's program area.
24    (b) The Commission has perpetual succession and the power
25to contract and be contracted with, to sue and be sued except
26in actions sounding in tort, to plead and be impleaded, to have

 

 

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1and use a common seal, and to alter the same at pleasure. All
2actions sounding in tort against the Commission shall be
3prosecuted in the Court of Claims. The principal office of the
4Commission shall be in the City of Springfield.
5    (c) The Commission shall consist of the following members:
64 members appointed by the Governor, with the advice and
7consent of the Senate; 4 members appointed by the Mayor of
8Springfield, with the advice and consent of the Springfield
9city council; and one member appointed by the Chairperson of
10the County Board of Sangamon County. The initial members of the
11Commission appointed by the Governor shall be appointed for
12terms ending, respectively on the second, third, fourth, and
13fifth anniversaries of their appointments. The initial members
14appointed by the Mayor of Springfield shall be appointed 2 each
15for terms ending, respectively, on the second and third
16anniversaries of their appointments. The initial member
17appointed by the Chairperson of the County Board of Sangamon
18County shall be appointed for a term ending on the fourth
19anniversary of the appointment. Thereafter, all the members
20shall be appointed to hold office for a term of 5 years and
21until their successors are appointed as provided in this Act.
22    Within 60 days after the effective date of this amendatory
23Act of the 95th General Assembly, the Governor shall appoint 2
24additional members to the Commission. One member shall serve
25for a term of 4 years and one member shall serve for a term of 5
26years. Their successors shall be appointed for 5-year terms.

 

 

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1Those additional members and their successors shall be limited
2to residents of the following counties in Illinois: Cass,
3Christian, Logan, Macoupin, Mason, Menard, Montgomery, Morgan,
4or Scott.
5    (d) Any vacancy in the membership of the Commission
6occurring by reason of the death, resignation,
7disqualification, removal, or inability or refusal to act of
8any of the members of the Commission shall be filled by the
9authority that had appointed the particular member, and for the
10unexpired term of office of that particular member. A vacancy
11caused by the expiration of the period for which the member was
12appointed shall be filled by a new appointment for a term of 5
13years from the date of the expiration of the prior 5-year term
14notwithstanding when the appointment is actually made. The
15Commission shall obtain, under the provisions of the Personnel
16Code, such personnel as to the Commission shall deem advisable
17to carry out the purposes of this Act and the work of the
18Commission.
19    (e) The Commission shall hold regular meetings annually for
20the election of a President, Vice-President, Secretary, and
21Treasurer, for the adoption of a budget, and for such other
22business as may properly come before it. The Commission shall
23elect as the President a member of the Commission appointed by
24the Mayor of Springfield and as the Vice-President a member of
25the Commission appointed by the Governor. The Commission shall
26establish the duties and responsibilities of its officers by

 

 

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1rule. The President or any 4 members of the Commission may call
2special meetings of the Commission. Each Commissioner shall
3take an oath of office for the faithful performance of his or
4her duties. The Commission may not transact business at a
5meeting of the Commission unless there is present at the
6meeting a quorum consisting of at least 6 Commissioners.
7Meetings may be held by telephone conference or other
8communications equipment by means of which all persons
9participating in the meeting can communicate with each other.
10    (f) The Commission shall submit to the General Assembly,
11not later than March 1 of each odd-numbered year, a detailed
12report covering its operations for the 2 preceding calendar
13years and a statement of its program for the next 2 years.
14    The requirement for reporting to the General Assembly shall
15be satisfied by filing copies of the report with the Speaker,
16the Minority Leader, and the Clerk of the House of
17Representatives and the President, the Minority Leader, and the
18Secretary of the Senate and with the Legislative Research Unit,
19as required by Section 3.1 of the General Assembly Organization
20Act, and by filing such additional copies with the State
21Government Report Distribution Center for the General Assembly
22as is required under paragraph (t) of Section 7 of the State
23Library Act.
24    (g) The Auditor General shall conduct audits of the
25Commission in the same manner as the Auditor General conducts
26audits of State agencies under the Illinois State Auditing Act.

 

 

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1    (h) Neither the Commission nor the District have any power
2to tax.
3    (i) The Commission is a public body and subject to the Open
4Meetings Act and the Freedom of Information Act.
5(Source: P.A. 95-693, eff. 11-5-07.)
 
6    Section 190. The Mid-America Medical District Act is
7amended by changing Section 10 as follows:
 
8    (70 ILCS 930/10)
9    Sec. 10. Mid-America Medical District Commission.
10    (a) There is created a body politic and corporate under the
11corporate name of the Mid-America Medical District Commission
12whose general purpose, in addition to and not in limitation of
13those purposes and powers set forth in this Act, is to:
14        (1) maintain the proper surroundings for a medical
15    center and a related technology center in order to attract,
16    stabilize, and retain within the District hospitals,
17    clinics, research facilities, educational facilities, or
18    other facilities permitted under this Act;
19        (2) provide for the orderly creation, maintenance,
20    development, and expansion of (i) health care facilities
21    and other ancillary or related facilities that the
22    Commission may from time to time determine are established
23    and operated (A) for any aspect of the carrying out of the
24    Commission's purposes as set forth in this Act, (B) for the

 

 

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1    study, diagnosis, and treatment of human ailments and
2    injuries, whether physical or mental, or (C) to promote
3    medical, surgical, and scientific research and knowledge
4    as permitted under this Act; and (ii) medical research and
5    high technology parks, together with the necessary lands,
6    buildings, facilities, equipment, and personal property
7    for those parks; and
8        (3) convene dialogue among leaders in the public and
9    the private sectors on topics and issues associated with
10    training in the delivery of health care services within the
11    District's program area.
12    (b) The Commission has perpetual succession and the power
13to contract and be contracted with, to sue and be sued except
14in actions sounding in tort, to plead and be impleaded, to have
15and use a common seal, and to alter the same at pleasure. All
16actions sounding in tort against the Commission shall be
17prosecuted in the Court of Claims. The principal office of the
18Commission shall be located within the District. The Commission
19shall obtain, under the provisions of the Personnel Code, such
20personnel as the Commission shall deem advisable to carry out
21the purposes of this Act and the work of the Commission.
22    (c) The Commission shall consist of 15 appointed members
23and 3 ex-officio members. Three members shall be appointed by
24the Governor. Three members shall be appointed by the Mayor of
25East St. Louis, with the consent of the city council. Three
26members shall be appointed by the Chairman of the County Board

 

 

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1of St. Clair County. Three members shall be appointed by the
2Mayor of the City of Belleville with the advice and consent of
3the corporate authorities of the City of Belleville. Three
4members shall be appointed by the Mayor of the City of O'Fallon
5with the advice and consent of the corporate authorities of the
6City of O'Fallon. All appointed members shall hold office for a
7term of 3 years ending on December 31, and until their
8successors are appointed; except that of the initial appointed
9members, each appointing authority shall designate one
10appointee to serve for a term ending December 31, 2007, one
11appointee to serve for a term ending December 31, 2008, and one
12appointee to serve for a term ending December 31, 2009. Of the
13initial members appointed by the Mayor of the City of
14Belleville, with the advice and consent of the corporate
15authorities of the City of Belleville, the Mayor shall
16designate one appointee to serve for a term ending December 31,
172011, one appointee to serve for a term ending December 31,
182012, and one appointee to serve for a term ending December 31,
192013. Of the initial members appointed by the Mayor of the City
20of O'Fallon, with the advice and consent of the corporate
21authorities of the City of O'Fallon, the Mayor shall designate
22one appointee to serve for a term ending December 31, 2011, one
23appointee to serve for a term ending December 31, 2012, and one
24appointee to serve for a term ending December 31, 2013.
25    The Director of Commerce and Economic Opportunity or his or
26her designee, the Director of Public Health or his or her

 

 

10000HB0129ham001- 175 -LRB100 03797 RJF 43335 a

1designee, and the Secretary of Human Services or his or her
2designee shall serve as ex-officio members.
3    (d) Any vacancy in the appointed membership of the
4Commission occurring by reason of the death, resignation,
5disqualification, removal, or inability or refusal to act of
6any of the members of the Commission shall be filled by the
7authority that had appointed the particular member, and for the
8unexpired term of office of that particular member.
9    (e) The Commission shall hold regular meetings annually for
10the election of a President, Vice-President, Secretary, and
11Treasurer, for the adoption of a budget, and for such other
12business as may properly come before it. The Commission shall
13establish the duties and responsibilities of its officers by
14rule. The President or any 9 members of the Commission may call
15special meetings of the Commission. Each Commissioner shall
16take an oath of office for the faithful performance of his or
17her duties. The Commission may not transact business at a
18meeting of the Commission unless there is present at the
19meeting a quorum consisting of at least 7 Commissioners.
20Meetings may be held by telephone conference or other
21communications equipment by means of which all persons
22participating in the meeting can communicate with each other.
23    (f) The Commission shall submit to the General Assembly,
24not later than March 1 of each odd-numbered year, a detailed
25report covering its operations for the 2 preceding calendar
26years and a statement of its program for the next 2 years.

 

 

10000HB0129ham001- 176 -LRB100 03797 RJF 43335 a

1    The requirement for reporting to the General Assembly shall
2be satisfied by filing copies of the report with the Speaker,
3the Minority Leader, and the Clerk of the House of
4Representatives and the President, the Minority Leader, and the
5Secretary of the Senate and with the Legislative Research Unit,
6as required by Section 3.1 of the General Assembly Organization
7Act, and by filing such additional copies with the State
8Government Report Distribution Center for the General Assembly
9as is required under paragraph (t) of Section 7 of the State
10Library Act.
11    (g) The Auditor General shall conduct audits of the
12Commission in the same manner as the Auditor General conducts
13audits of State agencies under the Illinois State Auditing Act.
14    (h) Neither the Commission nor the District have any power
15to tax.
16    (i) The Commission is a public body and subject to the Open
17Meetings Act and the Freedom of Information Act.
18(Source: P.A. 97-583, eff. 8-26-11.)
 
19    Section 195. The Roseland Community Medical District Act is
20amended by changing Section 10 as follows:
 
21    (70 ILCS 935/10)
22    Sec. 10. The Roseland Community Medical District
23Commission.
24    (a) There is created a body politic and corporate under the

 

 

10000HB0129ham001- 177 -LRB100 03797 RJF 43335 a

1corporate name of the Roseland Community Medical District
2Commission whose general purpose, in addition to and not in
3limitation of those purposes and powers set forth in this Act,
4is to:
5        (1) maintain the proper surroundings for a medical
6    center and a related technology center in order to attract,
7    stabilize, and retain within the District hospitals,
8    clinics, research facilities, educational facilities, or
9    other facilities permitted under this Act; and
10        (2) provide for the orderly creation, maintenance,
11    development, and expansion of (i) health care facilities
12    and other ancillary or related facilities that the
13    Commission may from time to time determine are established
14    and operated (A) for any aspect of the carrying out of the
15    Commission's purposes as set forth in this Act, (B) for the
16    study, diagnosis, and treatment of human ailments and
17    injuries, whether physical or mental, or (C) to promote
18    medical, surgical, and scientific research and knowledge
19    as permitted under this Act; and (ii) medical research and
20    high technology parks, together with the necessary lands,
21    buildings, facilities, equipment, and personal property
22    for those parks.
23    (b) The Commission has perpetual succession and the power
24to contract and be contracted with, to sue and be sued except
25in tort actions, to plead and be impleaded, to have and use a
26common seal, and to alter the same at pleasure. All tort

 

 

10000HB0129ham001- 178 -LRB100 03797 RJF 43335 a

1actions against the Commission shall be prosecuted in the Court
2of Claims. The principal office of the Commission shall be
3located at the Roseland Community Hospital. The Commission
4shall obtain any personnel as the Commission deems advisable to
5carry out the purposes of this Act and the work of the
6Commission.
7    (c) The Commission shall consist of 9 appointed members and
83 ex officio members. Three members shall be appointed by the
9Governor. Three members shall be appointed by the Mayor of the
10City of Chicago. Three members shall be appointed by the
11Chairman of the County Board of Cook County. All appointed
12members shall hold office for a term of 3 years ending on
13December 31, and until their successors are appointed and have
14qualified; except that of the initial appointed members, each
15appointing authority shall designate one appointee to serve for
16a term ending December 31, 2011, one appointee to serve for a
17term ending December 31, 2012, and one appointee to serve for a
18term ending December 31, 2013. The Director of Commerce and
19Economic Opportunity or his or her designee, the Director of
20Public Health or his or her designee, and the Secretary of
21Human Services or his or her designee shall serve as ex officio
22members.
23    (d) Any vacancy in the appointed membership of the
24Commission occurring by reason of the death, resignation,
25disqualification, removal, or inability or refusal to act of
26any of the members of the Commission shall be filled by the

 

 

10000HB0129ham001- 179 -LRB100 03797 RJF 43335 a

1authority that appointed the particular member, and for the
2unexpired term of office of that particular member.
3    (e) The Commission shall hold regular meetings annually for
4the election of a President, Vice President, Secretary, and
5Treasurer, for the adoption of a budget, and for any other
6business as may properly come before it. The Commission shall
7establish the duties and responsibilities of its officers by
8rule. The President or any 3 members of the Commission may call
9special meetings of the Commission. Each commissioner shall
10take an oath of office for the faithful performance of his or
11her duties. The Commission may not transact business at a
12meeting of the Commission unless there is present at the
13meeting a quorum consisting of at least 7 commissioners.
14Meetings may be held by telephone conference or other
15communications equipment by means of which all persons
16participating in the meeting can communicate with each other.
17    (f) The Commission shall submit to the General Assembly,
18not later than March 1 of each odd numbered year, a detailed
19report covering its operations for the 2 preceding calendar
20years and a statement of its program for the next 2 years.
21    The requirement for reporting to the General Assembly shall
22be satisfied by filing copies of the report with the Speaker,
23the Minority Leader, and the Clerk of the House of
24Representatives; the President, the Minority Leader, and the
25Secretary of the Senate; the Legislative Research Unit as
26required by Section 3.1 of the General Assembly Organization

 

 

10000HB0129ham001- 180 -LRB100 03797 RJF 43335 a

1Act; and the State Government Report Distribution Center for
2the General Assembly as is required under paragraph (t) of
3Section 7 of the State Library Act.
4    (g) The Auditor General shall conduct audits of the
5Commission in the same manner as the Auditor General conducts
6audits of State agencies under the Illinois State Auditing Act.
7    (h) Neither the Commission nor the District have any power
8to tax.
9    (i) The Commission is a public body and subject to the Open
10Meetings Act and the Freedom of Information Act.
11(Source: P.A. 97-259, eff. 8-5-11.)
 
12    Section 200. The Metropolitan Water Reclamation District
13Act is amended by changing Section 4b as follows:
 
14    (70 ILCS 2605/4b)  (from Ch. 42, par. 323b)
15    Sec. 4b. The Governor shall appoint, by and with the advice
16and consent of the Senate, a State Sanitary District Observer.
17The term of the person first appointed shall expire on the
18third Monday in January, 1969. If the Senate is not in session
19when the first appointment is made, the Governor shall make a
20temporary appointment as in the case of a vacancy. Thereafter
21the term of office of the State Sanitary District Observer
22shall be for 2 years commencing on the third Monday in January
23of 1969 and each odd-numbered year thereafter. Any person
24appointed to such office shall hold office for the duration of

 

 

10000HB0129ham001- 181 -LRB100 03797 RJF 43335 a

1his term and until his successor is appointed and qualified.
2    The State Sanitary District Observer must have a knowledge
3of the principles of sanitary engineering. He shall be paid
4from the State Treasury an annual salary of $15,000 or as set
5by the Compensation Review Board, whichever is greater, and
6shall also be reimbursed for necessary expenses incurred in the
7performance of his duties.
8    The State Sanitary District Observer has the same right as
9any Trustee or the Executive Director to attend any meeting in
10connection with the business of The Metropolitan Sanitary
11District of Greater Chicago. He shall have access to all
12records and works of the District. He may conduct inquiries and
13investigations into the efficiency and adequacy of the
14operations of the District, including the effect of the
15operations of the District upon areas of the State outside the
16boundaries of the District.
17    The State Sanitary District Observer shall report to the
18Governor, the General Assembly, the Department of Natural
19Resources, and the Environmental Protection Agency annually
20and more frequently if requested by the Governor.
21    The requirement for reporting to the General Assembly shall
22be satisfied by filing copies of the report with the Speaker,
23the Minority Leader and the Clerk of the House of
24Representatives and the President, the Minority Leader and the
25Secretary of the Senate and the Legislative Research Unit, as
26required by Section 3.1 of the General Assembly Organization

 

 

10000HB0129ham001- 182 -LRB100 03797 RJF 43335 a

1Act "An Act to revise the law in relation to the General
2Assembly", approved February 25, 1874, as amended, and filing
3such additional copies with the State Government Report
4Distribution Center for the General Assembly as is required
5under paragraph (t) of Section 7 of the State Library Act.
6(Source: P.A. 95-923, eff. 1-1-09.)
 
7    Section 205. The School Code is amended by changing
8Sections 2-3.39 and 34A-606 as follows:
 
9    (105 ILCS 5/2-3.39)  (from Ch. 122, par. 2-3.39)
10    Sec. 2-3.39. Department of Transitional Bilingual
11Education. To establish a Department of Transitional Bilingual
12Education. In selecting staff for the Department of
13Transitional Bilingual Education the State Board of Education
14shall give preference to persons who are natives of foreign
15countries where languages to be used in transitional bilingual
16education programs are the predominant languages. The
17Department of Transitional Bilingual Education has the power
18and duty to:
19        (1) Administer and enforce the provisions of Article
20    14C of this Code including the power to promulgate any
21    necessary rules and regulations.
22        (2) Study, review, and evaluate all available
23    resources and programs that, in whole or in part, are or
24    could be directed towards meeting the language capability

 

 

10000HB0129ham001- 183 -LRB100 03797 RJF 43335 a

1    needs of child English learners and adult English learners
2    residing in the State.
3        (3) Gather information about the theory and practice of
4    bilingual education in this State and elsewhere, and
5    encourage experimentation and innovation in the field of
6    bilingual education.
7        (4) Provide for the maximum practical involvement of
8    parents of bilingual children, transitional bilingual
9    education teachers, representatives of community groups,
10    educators, and laymen knowledgeable in the field of
11    bilingual education in the formulation of policy and
12    procedures relating to the administration of Article 14C of
13    this Code.
14        (5) Consult with other public departments and
15    agencies, including but not limited to the Department of
16    Community Affairs, the Department of Public Welfare, the
17    Division of Employment Security, the Commission Against
18    Discrimination, and the United States Department of
19    Health, Education, and Welfare in connection with the
20    administration of Article 14C of this Code.
21        (6) Make recommendations in the areas of preservice and
22    in-service training for transitional bilingual education
23    teachers, curriculum development, testing and testing
24    mechanisms, and the development of materials for
25    transitional bilingual education programs.
26        (7) Undertake any further activities which may assist

 

 

10000HB0129ham001- 184 -LRB100 03797 RJF 43335 a

1    in the full implementation of Article 14C of this Code and
2    to make an annual report to the General Assembly to include
3    an evaluation of the program, the need for continuing such
4    a program, and recommendations for improvement.
5        The requirement for reporting to the General Assembly
6    shall be satisfied by filing copies of the report with the
7    Speaker, the Minority Leader and the Clerk of the House of
8    Representatives and the President, the Minority Leader and
9    the Secretary of the Senate and the Legislative Research
10    Unit, as required by Section 3.1 of the General Assembly
11    Organization Act "An Act to revise the law in relation to
12    the General Assembly", approved February 25, 1874, as
13    amended, and filing such additional copies with the State
14    Government Report Distribution Center for the General
15    Assembly as is required under paragraph (t) of Section 7 of
16    the State Library Act.
17(Source: P.A. 99-30, eff. 7-10-15.)
 
18    (105 ILCS 5/34A-606)  (from Ch. 122, par. 34A-606)
19    Sec. 34A-606. Reports.
20    (a) The Directors, upon taking office and annually
21thereafter, shall prepare and submit to the Governor, Mayor,
22General Assembly, and City Council a report which shall include
23the audited financial statement for the preceding Fiscal Year
24of the Board, an approved Financial Plan or a statement of
25reasons for the failure to adopt such a Financial Plan, a

 

 

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1statement of the major steps necessary to accomplish the
2objectives of the Financial Plan, and a request for any
3legislation necessary to achieve the objectives of the
4Financial Plan.
5    (b) Annual reports shall be submitted on or before May 1 of
6each year.
7    (c) The requirement for reporting to the General Assembly
8shall be satisfied by filing copies of the report with the
9Board, the Governor, the Mayor and also the Speaker, the
10Minority Leader and the Clerk of the House of Representatives
11and the President, the Minority Leader and the Secretary of the
12Senate and the Legislative Research Unit, as required by
13Section 3.1 of the General Assembly Organization Act "An Act to
14revise the law in relation to the General Assembly", approved
15February 25, 1874, as amended, and filing such additional
16copies with the State Government Report Distribution Center for
17the General Assembly as is required under paragraph (t) of
18Section 7 of the State Library Act.
19    (d) Each annual report required to be submitted through May
201, 1995, shall also include: (i) a description of the
21activities of the Authority; (ii) an analysis of the
22educational performance of the Board for the preceding school
23year; (iii) an Approved System-Wide Educational Reform Goals
24and Objectives Plan or a statement of reasons for the failure
25to adopt such an Approved System-Wide Educational Reform Goals
26and Objectives Plan; (iv) a statement of the major steps

 

 

10000HB0129ham001- 186 -LRB100 03797 RJF 43335 a

1necessary to accomplish the goals of the Approved System-Wide
2Educational Reform Goals and Objectives Plan; (v) a commentary
3with respect to those Board policies and rules and those
4provisions of The School Code and collective bargaining
5agreements between the Board and its employees which, in the
6opinion of the Authority, are obstacles and a hindrance to
7fulfillment of any Approved System-Wide Educational Reform
8Goals and Objectives Plan; and (vi) a request for any
9legislative action necessary to achieve the goals of the
10Approved System-Wide Educational Reform Goals and Objectives
11Plan.
12(Source: P.A. 85-1418; 86-1477.)
 
13    Section 210. The P-20 Longitudinal Education Data System
14Act is amended by changing Section 15 as follows:
 
15    (105 ILCS 13/15)
16    Sec. 15. Establishment of the longitudinal data system and
17data warehouse.
18    (a) The State Education Authorities shall jointly
19establish and maintain a longitudinal data system by entering
20into one or more agreements that link early learning,
21elementary, and secondary school student unit records with
22institution of higher learning student unit records. To the
23extent authorized by this Section and Section 20 of this Act:
24        (1) the State Board is responsible for collecting and

 

 

10000HB0129ham001- 187 -LRB100 03797 RJF 43335 a

1    maintaining authoritative enrollment, completion, and
2    student characteristic information on early learning,
3    public school (kindergarten through grade 12), and
4    non-public school (kindergarten through grade 12)
5    students;
6        (2) the Community College Board is responsible for
7    collecting and maintaining authoritative enrollment,
8    completion, and student characteristic information on
9    community college students; and
10        (3) the Board of Higher Education is responsible for
11    collecting and maintaining authoritative enrollment,
12    completion, and student characteristic information on
13    students enrolled in institutions of higher learning,
14    other than community colleges.
15    (b) On or before June 30, 2013, subject to the availability
16of funding through appropriations made specifically for the
17purposes of this Act, the State Education Authorities shall
18improve and expand the longitudinal data system to enable the
19State Education Authorities to perform or cause to be performed
20all of the following activities and functions:
21        (1) Reduce, to the maximum extent possible, the data
22    collection burden on school districts and institutions of
23    higher learning by using data submitted to the system for
24    multiple reporting and analysis functions.
25        (2) Provide authorized officials of early learning
26    programs, schools, school districts, and institutions of

 

 

10000HB0129ham001- 188 -LRB100 03797 RJF 43335 a

1    higher learning with access to their own student-level
2    data, summary reports, and data that can be integrated with
3    additional data maintained outside of the system to inform
4    education decision-making.
5        (3) Link data to instructional management tools that
6    support instruction and assist collaboration among
7    teachers and postsecondary instructors.
8        (4) Enhance and expand existing high
9    school-to-postsecondary reporting systems to inform school
10    and school district officials, education policymakers, and
11    members of the public about public school students'
12    performance in postsecondary education.
13        (5) Provide data reporting, analysis, and planning
14    tools that assist with financial oversight, human resource
15    management, and other education support functions.
16        (6) Improve student access to educational
17    opportunities by linking data to student college and career
18    planning portals, facilitating the submission of
19    electronic transcripts and scholarship and financial aid
20    applications, and enabling the transfer of student records
21    to officials of a school or institution of higher learning
22    where a student enrolls or seeks or intends to enroll.
23        (7) Establish a public Internet web interface that
24    provides non-confidential data reports and permits queries
25    so that parents, the media, and other members of the public
26    can more easily access information pertaining to

 

 

10000HB0129ham001- 189 -LRB100 03797 RJF 43335 a

1    statewide, district, and school performance.
2        (8) Provide research and reports to the General
3    Assembly that assist with evaluating the effectiveness of
4    specific programs and that enable legislators to analyze
5    educational performance within their legislative
6    districts.
7        (9) Allow the State Education Authorities to
8    efficiently meet federal and State reporting requirements
9    by drawing data for required reports from multiple State
10    systems.
11        (10) Establish a system to evaluate teacher and
12    administrator preparation programs using student academic
13    growth as one component of evaluation.
14        (11) In accordance with a data sharing agreement
15    entered into between the State Education Authorities and
16    the Illinois Student Assistance Commission, establish
17    procedures and systems to evaluate the relationship
18    between need-based financial aid and student enrollment
19    and success in institutions of higher learning.
20        (12) In accordance with data sharing agreements
21    entered into between the State Education Authorities and
22    health and human service agencies, establish procedures
23    and systems to evaluate the relationship between education
24    and other student and family support systems.
25        (13) In accordance with data sharing agreements
26    entered into between the State Education Authorities and

 

 

10000HB0129ham001- 190 -LRB100 03797 RJF 43335 a

1    employment and workforce development agencies, establish
2    procedures and systems to evaluate the relationship
3    between education programs and outcomes and employment
4    fields, employment locations, and employment outcomes.
5    (c) On or before June 30, 2013, subject to the availability
6of funding through appropriations made specifically for the
7purposes of this Act, the State Board shall establish a data
8warehouse that integrates data from multiple student unit
9record systems and supports all of the uses and functions of
10the longitudinal data system set forth in this Act. The data
11warehouse must be developed in cooperation with the Community
12College Board and the Board of Higher Education and must have
13the ability to integrate longitudinal data from early learning
14through the postsecondary level in accordance with one or more
15data sharing agreements entered into among the State Education
16Authorities. The data warehouse, as integrated with the
17longitudinal data system, must include, but is not limited to,
18all of the following elements:
19        (1) A unique statewide student identifier that
20    connects student data across key databases across years.
21    The unique statewide student identifier must not be derived
22    from a student's social security number and must be
23    provided to institutions of higher learning to assist with
24    linkages between early learning through secondary and
25    postsecondary data.
26        (2) Student-level enrollment, demographic, and program

 

 

10000HB0129ham001- 191 -LRB100 03797 RJF 43335 a

1    participation information, including information on
2    participation in dual credit programs.
3        (3) The ability to match individual students'
4    elementary and secondary test records from year to year to
5    measure academic growth.
6        (4) Information on untested students in the elementary
7    and secondary levels, and the reasons they were not tested.
8        (5) A teacher and administrator identifier system with
9    the ability to match students to early learning,
10    elementary, and secondary teachers and elementary and
11    secondary administrators. Information able to be obtained
12    only as a result of the linkage of teacher and student data
13    through the longitudinal data system may not be used by a
14    school district for decisions involving teacher pay or
15    teacher benefits unless the district and the exclusive
16    bargaining representative of the district's teachers, if
17    any, have agreed to this use. Information able to be
18    obtained only as a result of the linkage of teacher and
19    student data through the longitudinal data system may not
20    be used by a school district as part of an evaluation under
21    Article 24A of the School Code unless, in good faith
22    cooperation with the school district's teachers or, where
23    applicable, the exclusive bargaining representative of the
24    school district's teachers, the school district has
25    developed an evaluation plan or substantive change to an
26    evaluation plan that specifically describes the school

 

 

10000HB0129ham001- 192 -LRB100 03797 RJF 43335 a

1    district's rationale for using this information for
2    evaluations, how this information will be used as part of
3    the evaluation process, and how this information will
4    relate to evaluation standards. However, nothing in this
5    subdivision (5) or elsewhere in this Act limits or
6    restricts (i) a district's use of any local or State data
7    that has been obtained independently from the linkage of
8    teacher and student data through the longitudinal data
9    system or (ii) a charter school's use of any local or State
10    data in connection with teacher pay, benefits, or
11    evaluations.
12        (6) Student-level transcript information, including
13    information on courses completed and grades earned, from
14    middle and high schools. The State Board shall establish a
15    statewide course classification system based upon the
16    federal School Codes for Exchange of Data or a similar
17    course classification system. Each school district and
18    charter school shall map its course descriptions to the
19    statewide course classification system for the purpose of
20    State reporting. School districts and charter schools are
21    not required to change or modify the locally adopted course
22    descriptions used for all other purposes. The State Board
23    shall establish or contract for the establishment of a
24    technical support and training system to assist schools and
25    districts with the implementation of this item (6) and
26    shall, to the extent possible, collect transcript data

 

 

10000HB0129ham001- 193 -LRB100 03797 RJF 43335 a

1    using a system that permits automated reporting from
2    district student information systems.
3        (7) Student-level college readiness test scores.
4        (8) Student-level graduation and dropout data.
5        (9) The ability to match early learning through
6    secondary student unit records with institution of higher
7    learning student unit record systems.
8        (10) A State data audit system assessing data quality,
9    validity, and reliability.
10    (d) Using data provided to and maintained by the
11longitudinal data system, the State Education Authorities may,
12in addition to functions and activities specified elsewhere in
13this Section, perform and undertake the following:
14        (1) research for or on behalf of early learning
15    programs, schools, school districts, or institutions of
16    higher learning, which may be performed by one or more
17    State Education Authorities or through agreements with
18    research organizations meeting all of the requirements of
19    this Act and privacy protection laws; and
20        (2) audits or evaluations of federal or
21    State-supported education programs and activities to
22    enforce federal or State legal requirements with respect to
23    those programs. Each State Education Authority may assist
24    another State Education Authority with audit, evaluation,
25    or enforcement activities and may disclose education
26    records with each other for those activities relating to

 

 

10000HB0129ham001- 194 -LRB100 03797 RJF 43335 a

1    any early learning through postsecondary program. The
2    State Education Authorities may disclose student
3    information to authorized officials of a student's former
4    early learning program, school, or school district to
5    assist with the evaluation of federal or State-supported
6    education programs.
7    (e) In establishing, operating, and expanding the
8longitudinal data system, the State Education Authorities
9shall convene stakeholders and create opportunities for input
10and advice in the areas of data ownership, data use, research
11priorities, data management, confidentiality, data access, and
12reporting from the system. Such stakeholders include, but are
13not limited to, public and non-public institutions of higher
14learning, school districts, charter schools, non-public
15elementary and secondary schools, early learning programs,
16teachers, professors, parents, principals and administrators,
17school research consortiums, education policy and advocacy
18organizations, news media, the Illinois Student Assistance
19Commission, the Illinois Education Research Council, the
20Department of Commerce and Economic Opportunity, the Illinois
21Early Learning Council, and the Commission on Government
22Forecasting and Accountability Legislative Research Unit.
23    (f) Representatives of the State Education Authorities
24shall report to and advise the Illinois P-20 Council on the
25implementation, operation, and expansion of the longitudinal
26data system.

 

 

10000HB0129ham001- 195 -LRB100 03797 RJF 43335 a

1    (g) Appropriations made to the State Education Authorities
2for the purposes of this Act shall be used exclusively for
3expenses for the development and operation of the longitudinal
4data system. Authorized expenses of the State Education
5Authorities may relate to contracts with outside vendors for
6the development and operation of the system, agreements with
7other governmental entities or research organizations for
8authorized uses and functions of the system, technical support
9and training for entities submitting data to the system, or
10regular or contractual employees necessary for the system's
11development or operation.
12(Source: P.A. 96-107, eff. 7-30-09.)
 
13    Section 215. The Board of Higher Education Act is amended
14by changing Section 9.04 as follows:
 
15    (110 ILCS 205/9.04)  (from Ch. 144, par. 189.04)
16    Sec. 9.04. To submit to the Governor and the General
17Assembly a written report covering the activities engaged in
18and recommendations made. This report shall be submitted in
19accordance with the requirements of Section 3 of the State
20Finance Act.
21    The requirement for reporting to the General Assembly shall
22be satisfied by filing electronic or paper copies of the report
23with the Speaker, the Minority Leader and the Clerk of the
24House of Representatives and the President, the Minority Leader

 

 

10000HB0129ham001- 196 -LRB100 03797 RJF 43335 a

1and the Secretary of the Senate and the Legislative Research
2Unit, as required by Section 3.1 of the General Assembly
3Organization Act, and filing such additional electronic or
4paper copies with the State Government Report Distribution
5Center for the General Assembly as is required under paragraph
6(t) of Section 7 of the State Library Act.
7(Source: P.A. 100-167, eff. 1-1-18.)
 
8    Section 220. The Family Practice Residency Act is amended
9by changing Section 9 as follows:
 
10    (110 ILCS 935/9)  (from Ch. 144, par. 1459)
11    Sec. 9. The Department shall annually report to the General
12Assembly and the Governor the results and progress of the
13programs established by this Act on or before March 15th.
14    The annual report to the General Assembly and the Governor
15shall include the impact of programs established under this Act
16on the ability of designated shortage areas to attract and
17retain physicians and other health care personnel. The report
18shall include recommendations to improve that ability.
19    The requirement for reporting to the General Assembly shall
20be satisfied by filing copies of the report with the Speaker,
21the Minority Leader and the Clerk of the House of
22Representatives and the President, the Minority Leader and the
23Secretary of the Senate and the Legislative Research Unit, as
24required by Section 3.1 of the General Assembly Organization

 

 

10000HB0129ham001- 197 -LRB100 03797 RJF 43335 a

1Act, and filing such additional copies with the State
2Government Report Distribution Center for the General Assembly
3as is required under paragraph (t) of Section 7 of the State
4Library Act.
5(Source: P.A. 86-965; 87-430; 87-633; 87-895.)
 
6    Section 225. The Governor's Scholars Board of Sponsors Act
7is amended by changing Section 4 as follows:
 
8    (110 ILCS 940/4)  (from Ch. 127, par. 63b134)
9    Sec. 4. The Board of Sponsors shall make a detailed report
10of its activities and recommendations to the 77th General
11Assembly and to the Governor not later than February 1, 1971
12and by February 1 of each odd numbered year thereafter and
13shall submit recommendations for such legislation as it deems
14necessary.
15    The requirement for reporting to the General Assembly shall
16be satisfied by filing copies of the report with the Speaker,
17the Minority Leader and the Clerk of the House of
18Representatives and the President, the Minority Leader and the
19Secretary of the Senate and the Legislative Research Unit, as
20required by Section 3.1 of the General Assembly Organization
21Act "An Act to revise the law in relation to the General
22Assembly", approved February 25, 1874, as amended, and filing
23such additional copies with the State Government Report
24Distribution Center for the General Assembly as is required

 

 

10000HB0129ham001- 198 -LRB100 03797 RJF 43335 a

1under paragraph (t) of Section 7 of the State Library Act.
2(Source: P.A. 84-1438.)
 
3    Section 230. The Podiatric Scholarship and Residency Act is
4amended by changing Section 25 as follows:
 
5    (110 ILCS 978/25)
6    Sec. 25. Annual reports. The Department shall annually
7report to the General Assembly and the Governor the results and
8progress of the programs established by this Act on or before
9March 15th.
10    The Department shall, no later than July 1, 1994, report to
11the General Assembly and the Governor concerning the impact of
12programs established under this Act on the ability of
13designated shortage areas to attract and retain podiatric
14physicians and other health care personnel. The report shall
15include recommendations to improve that ability.
16    The requirement for reporting to the General Assembly shall
17be satisfied by filing copies of the report with the Speaker,
18the Minority Leader and the Clerk of the House of
19Representatives and the President, the Minority Leader and the
20Secretary of the Senate and the Legislative Research Unit, as
21required by Section 3.1 of the General Assembly Organization
22Act, and filing additional copies with the State Government
23Report Distribution Center for the General Assembly that are
24required under paragraph (t) of Section 7 of the State Library

 

 

10000HB0129ham001- 199 -LRB100 03797 RJF 43335 a

1Act.
2(Source: P.A. 87-1195.)
 
3    Section 235. The Coal Mining Act is amended by changing
4Section 4.18 as follows:
 
5    (225 ILCS 705/4.18)  (from Ch. 96 1/2, par. 418)
6    Sec. 4.18. On the receipt of each State Mine Inspector's
7report the Mining Board shall compile and summarize the data to
8be included in the report of the Mining Board, known as the
9Annual Coal Report, which shall within four months thereafter,
10be printed, bound, and transmitted to the Governor and General
11Assembly for the information of the public. The printing and
12binding of the Annual Coal Reports shall be provided for by the
13Department of Central Management Services in like manner and
14numbers, as it provides for the publication of other official
15reports.
16    The requirement for reporting to the General Assembly shall
17be satisfied by filing copies of the report with the Speaker,
18the Minority Leader and the Clerk of the House of
19Representatives and the President, the Minority Leader and the
20Secretary of the Senate and the Legislative Research Unit, as
21required by Section 3.1 of the General Assembly Organization
22Act "An Act to revise the law in relation to the General
23Assembly", approved February 25, 1874, as amended, and filing
24such additional copies with the State Government Report

 

 

10000HB0129ham001- 200 -LRB100 03797 RJF 43335 a

1Distribution Center for the General Assembly as is required
2under paragraph (t) of Section 7 of the State Library Act.
3(Source: P.A. 84-1438.)
 
4    Section 240. The Illinois Public Aid Code is amended by
5changing Sections 5-5, 5-5.8, and 12-5 as follows:
 
6    (305 ILCS 5/5-5)  (from Ch. 23, par. 5-5)
7    Sec. 5-5. Medical services. The Illinois Department, by
8rule, shall determine the quantity and quality of and the rate
9of reimbursement for the medical assistance for which payment
10will be authorized, and the medical services to be provided,
11which may include all or part of the following: (1) inpatient
12hospital services; (2) outpatient hospital services; (3) other
13laboratory and X-ray services; (4) skilled nursing home
14services; (5) physicians' services whether furnished in the
15office, the patient's home, a hospital, a skilled nursing home,
16or elsewhere; (6) medical care, or any other type of remedial
17care furnished by licensed practitioners; (7) home health care
18services; (8) private duty nursing service; (9) clinic
19services; (10) dental services, including prevention and
20treatment of periodontal disease and dental caries disease for
21pregnant women, provided by an individual licensed to practice
22dentistry or dental surgery; for purposes of this item (10),
23"dental services" means diagnostic, preventive, or corrective
24procedures provided by or under the supervision of a dentist in

 

 

10000HB0129ham001- 201 -LRB100 03797 RJF 43335 a

1the practice of his or her profession; (11) physical therapy
2and related services; (12) prescribed drugs, dentures, and
3prosthetic devices; and eyeglasses prescribed by a physician
4skilled in the diseases of the eye, or by an optometrist,
5whichever the person may select; (13) other diagnostic,
6screening, preventive, and rehabilitative services, including
7to ensure that the individual's need for intervention or
8treatment of mental disorders or substance use disorders or
9co-occurring mental health and substance use disorders is
10determined using a uniform screening, assessment, and
11evaluation process inclusive of criteria, for children and
12adults; for purposes of this item (13), a uniform screening,
13assessment, and evaluation process refers to a process that
14includes an appropriate evaluation and, as warranted, a
15referral; "uniform" does not mean the use of a singular
16instrument, tool, or process that all must utilize; (14)
17transportation and such other expenses as may be necessary;
18(15) medical treatment of sexual assault survivors, as defined
19in Section 1a of the Sexual Assault Survivors Emergency
20Treatment Act, for injuries sustained as a result of the sexual
21assault, including examinations and laboratory tests to
22discover evidence which may be used in criminal proceedings
23arising from the sexual assault; (16) the diagnosis and
24treatment of sickle cell anemia; and (17) any other medical
25care, and any other type of remedial care recognized under the
26laws of this State. The term "any other type of remedial care"

 

 

10000HB0129ham001- 202 -LRB100 03797 RJF 43335 a

1shall include nursing care and nursing home service for persons
2who rely on treatment by spiritual means alone through prayer
3for healing.
4    Notwithstanding any other provision of this Section, a
5comprehensive tobacco use cessation program that includes
6purchasing prescription drugs or prescription medical devices
7approved by the Food and Drug Administration shall be covered
8under the medical assistance program under this Article for
9persons who are otherwise eligible for assistance under this
10Article.
11    Notwithstanding any other provision of this Code,
12reproductive health care that is otherwise legal in Illinois
13shall be covered under the medical assistance program for
14persons who are otherwise eligible for medical assistance under
15this Article.
16    Notwithstanding any other provision of this Code, the
17Illinois Department may not require, as a condition of payment
18for any laboratory test authorized under this Article, that a
19physician's handwritten signature appear on the laboratory
20test order form. The Illinois Department may, however, impose
21other appropriate requirements regarding laboratory test order
22documentation.
23    Upon receipt of federal approval of an amendment to the
24Illinois Title XIX State Plan for this purpose, the Department
25shall authorize the Chicago Public Schools (CPS) to procure a
26vendor or vendors to manufacture eyeglasses for individuals

 

 

10000HB0129ham001- 203 -LRB100 03797 RJF 43335 a

1enrolled in a school within the CPS system. CPS shall ensure
2that its vendor or vendors are enrolled as providers in the
3medical assistance program and in any capitated Medicaid
4managed care entity (MCE) serving individuals enrolled in a
5school within the CPS system. Under any contract procured under
6this provision, the vendor or vendors must serve only
7individuals enrolled in a school within the CPS system. Claims
8for services provided by CPS's vendor or vendors to recipients
9of benefits in the medical assistance program under this Code,
10the Children's Health Insurance Program, or the Covering ALL
11KIDS Health Insurance Program shall be submitted to the
12Department or the MCE in which the individual is enrolled for
13payment and shall be reimbursed at the Department's or the
14MCE's established rates or rate methodologies for eyeglasses.
15    On and after July 1, 2012, the Department of Healthcare and
16Family Services may provide the following services to persons
17eligible for assistance under this Article who are
18participating in education, training or employment programs
19operated by the Department of Human Services as successor to
20the Department of Public Aid:
21        (1) dental services provided by or under the
22    supervision of a dentist; and
23        (2) eyeglasses prescribed by a physician skilled in the
24    diseases of the eye, or by an optometrist, whichever the
25    person may select.
26    On and after July 1, 2018, the Department of Healthcare and

 

 

10000HB0129ham001- 204 -LRB100 03797 RJF 43335 a

1Family Services shall provide dental services to any adult who
2is otherwise eligible for assistance under the medical
3assistance program. As used in this paragraph, "dental
4services" means diagnostic, preventative, restorative, or
5corrective procedures, including procedures and services for
6the prevention and treatment of periodontal disease and dental
7caries disease, provided by an individual who is licensed to
8practice dentistry or dental surgery or who is under the
9supervision of a dentist in the practice of his or her
10profession.
11    On and after July 1, 2018, targeted dental services, as set
12forth in Exhibit D of the Consent Decree entered by the United
13States District Court for the Northern District of Illinois,
14Eastern Division, in the matter of Memisovski v. Maram, Case
15No. 92 C 1982, that are provided to adults under the medical
16assistance program shall be established at no less than the
17rates set forth in the "New Rate" column in Exhibit D of the
18Consent Decree for targeted dental services that are provided
19to persons under the age of 18 under the medical assistance
20program.
21    Notwithstanding any other provision of this Code and
22subject to federal approval, the Department may adopt rules to
23allow a dentist who is volunteering his or her service at no
24cost to render dental services through an enrolled
25not-for-profit health clinic without the dentist personally
26enrolling as a participating provider in the medical assistance

 

 

10000HB0129ham001- 205 -LRB100 03797 RJF 43335 a

1program. A not-for-profit health clinic shall include a public
2health clinic or Federally Qualified Health Center or other
3enrolled provider, as determined by the Department, through
4which dental services covered under this Section are performed.
5The Department shall establish a process for payment of claims
6for reimbursement for covered dental services rendered under
7this provision.
8    The Illinois Department, by rule, may distinguish and
9classify the medical services to be provided only in accordance
10with the classes of persons designated in Section 5-2.
11    The Department of Healthcare and Family Services must
12provide coverage and reimbursement for amino acid-based
13elemental formulas, regardless of delivery method, for the
14diagnosis and treatment of (i) eosinophilic disorders and (ii)
15short bowel syndrome when the prescribing physician has issued
16a written order stating that the amino acid-based elemental
17formula is medically necessary.
18    The Illinois Department shall authorize the provision of,
19and shall authorize payment for, screening by low-dose
20mammography for the presence of occult breast cancer for women
2135 years of age or older who are eligible for medical
22assistance under this Article, as follows:
23        (A) A baseline mammogram for women 35 to 39 years of
24    age.
25        (B) An annual mammogram for women 40 years of age or
26    older.

 

 

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1        (C) A mammogram at the age and intervals considered
2    medically necessary by the woman's health care provider for
3    women under 40 years of age and having a family history of
4    breast cancer, prior personal history of breast cancer,
5    positive genetic testing, or other risk factors.
6        (D) A comprehensive ultrasound screening and MRI of an
7    entire breast or breasts if a mammogram demonstrates
8    heterogeneous or dense breast tissue, when medically
9    necessary as determined by a physician licensed to practice
10    medicine in all of its branches.
11        (E) A screening MRI when medically necessary, as
12    determined by a physician licensed to practice medicine in
13    all of its branches.
14    All screenings shall include a physical breast exam,
15instruction on self-examination and information regarding the
16frequency of self-examination and its value as a preventative
17tool. For purposes of this Section, "low-dose mammography"
18means the x-ray examination of the breast using equipment
19dedicated specifically for mammography, including the x-ray
20tube, filter, compression device, and image receptor, with an
21average radiation exposure delivery of less than one rad per
22breast for 2 views of an average size breast. The term also
23includes digital mammography and includes breast
24tomosynthesis. As used in this Section, the term "breast
25tomosynthesis" means a radiologic procedure that involves the
26acquisition of projection images over the stationary breast to

 

 

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1produce cross-sectional digital three-dimensional images of
2the breast. If, at any time, the Secretary of the United States
3Department of Health and Human Services, or its successor
4agency, promulgates rules or regulations to be published in the
5Federal Register or publishes a comment in the Federal Register
6or issues an opinion, guidance, or other action that would
7require the State, pursuant to any provision of the Patient
8Protection and Affordable Care Act (Public Law 111-148),
9including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
10successor provision, to defray the cost of any coverage for
11breast tomosynthesis outlined in this paragraph, then the
12requirement that an insurer cover breast tomosynthesis is
13inoperative other than any such coverage authorized under
14Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
15the State shall not assume any obligation for the cost of
16coverage for breast tomosynthesis set forth in this paragraph.
17    On and after January 1, 2016, the Department shall ensure
18that all networks of care for adult clients of the Department
19include access to at least one breast imaging Center of Imaging
20Excellence as certified by the American College of Radiology.
21    On and after January 1, 2012, providers participating in a
22quality improvement program approved by the Department shall be
23reimbursed for screening and diagnostic mammography at the same
24rate as the Medicare program's rates, including the increased
25reimbursement for digital mammography.
26    The Department shall convene an expert panel including

 

 

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1representatives of hospitals, free-standing mammography
2facilities, and doctors, including radiologists, to establish
3quality standards for mammography.
4    On and after January 1, 2017, providers participating in a
5breast cancer treatment quality improvement program approved
6by the Department shall be reimbursed for breast cancer
7treatment at a rate that is no lower than 95% of the Medicare
8program's rates for the data elements included in the breast
9cancer treatment quality program.
10    The Department shall convene an expert panel, including
11representatives of hospitals, free-standing free standing
12breast cancer treatment centers, breast cancer quality
13organizations, and doctors, including breast surgeons,
14reconstructive breast surgeons, oncologists, and primary care
15providers to establish quality standards for breast cancer
16treatment.
17    Subject to federal approval, the Department shall
18establish a rate methodology for mammography at federally
19qualified health centers and other encounter-rate clinics.
20These clinics or centers may also collaborate with other
21hospital-based mammography facilities. By January 1, 2016, the
22Department shall report to the General Assembly on the status
23of the provision set forth in this paragraph.
24    The Department shall establish a methodology to remind
25women who are age-appropriate for screening mammography, but
26who have not received a mammogram within the previous 18

 

 

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1months, of the importance and benefit of screening mammography.
2The Department shall work with experts in breast cancer
3outreach and patient navigation to optimize these reminders and
4shall establish a methodology for evaluating their
5effectiveness and modifying the methodology based on the
6evaluation.
7    The Department shall establish a performance goal for
8primary care providers with respect to their female patients
9over age 40 receiving an annual mammogram. This performance
10goal shall be used to provide additional reimbursement in the
11form of a quality performance bonus to primary care providers
12who meet that goal.
13    The Department shall devise a means of case-managing or
14patient navigation for beneficiaries diagnosed with breast
15cancer. This program shall initially operate as a pilot program
16in areas of the State with the highest incidence of mortality
17related to breast cancer. At least one pilot program site shall
18be in the metropolitan Chicago area and at least one site shall
19be outside the metropolitan Chicago area. On or after July 1,
202016, the pilot program shall be expanded to include one site
21in western Illinois, one site in southern Illinois, one site in
22central Illinois, and 4 sites within metropolitan Chicago. An
23evaluation of the pilot program shall be carried out measuring
24health outcomes and cost of care for those served by the pilot
25program compared to similarly situated patients who are not
26served by the pilot program.

 

 

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1    The Department shall require all networks of care to
2develop a means either internally or by contract with experts
3in navigation and community outreach to navigate cancer
4patients to comprehensive care in a timely fashion. The
5Department shall require all networks of care to include access
6for patients diagnosed with cancer to at least one academic
7commission on cancer-accredited cancer program as an
8in-network covered benefit.
9    Any medical or health care provider shall immediately
10recommend, to any pregnant woman who is being provided prenatal
11services and is suspected of having a substance use disorder as
12defined in the Substance Use Disorder Act, referral to a local
13substance use disorder treatment program licensed by the
14Department of Human Services or to a licensed hospital which
15provides substance abuse treatment services. The Department of
16Healthcare and Family Services shall assure coverage for the
17cost of treatment of the drug abuse or addiction for pregnant
18recipients in accordance with the Illinois Medicaid Program in
19conjunction with the Department of Human Services.
20    All medical providers providing medical assistance to
21pregnant women under this Code shall receive information from
22the Department on the availability of services under any
23program providing case management services for addicted women,
24including information on appropriate referrals for other
25social services that may be needed by addicted women in
26addition to treatment for addiction.

 

 

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1    The Illinois Department, in cooperation with the
2Departments of Human Services (as successor to the Department
3of Alcoholism and Substance Abuse) and Public Health, through a
4public awareness campaign, may provide information concerning
5treatment for alcoholism and drug abuse and addiction, prenatal
6health care, and other pertinent programs directed at reducing
7the number of drug-affected infants born to recipients of
8medical assistance.
9    Neither the Department of Healthcare and Family Services
10nor the Department of Human Services shall sanction the
11recipient solely on the basis of her substance abuse.
12    The Illinois Department shall establish such regulations
13governing the dispensing of health services under this Article
14as it shall deem appropriate. The Department should seek the
15advice of formal professional advisory committees appointed by
16the Director of the Illinois Department for the purpose of
17providing regular advice on policy and administrative matters,
18information dissemination and educational activities for
19medical and health care providers, and consistency in
20procedures to the Illinois Department.
21    The Illinois Department may develop and contract with
22Partnerships of medical providers to arrange medical services
23for persons eligible under Section 5-2 of this Code.
24Implementation of this Section may be by demonstration projects
25in certain geographic areas. The Partnership shall be
26represented by a sponsor organization. The Department, by rule,

 

 

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1shall develop qualifications for sponsors of Partnerships.
2Nothing in this Section shall be construed to require that the
3sponsor organization be a medical organization.
4    The sponsor must negotiate formal written contracts with
5medical providers for physician services, inpatient and
6outpatient hospital care, home health services, treatment for
7alcoholism and substance abuse, and other services determined
8necessary by the Illinois Department by rule for delivery by
9Partnerships. Physician services must include prenatal and
10obstetrical care. The Illinois Department shall reimburse
11medical services delivered by Partnership providers to clients
12in target areas according to provisions of this Article and the
13Illinois Health Finance Reform Act, except that:
14        (1) Physicians participating in a Partnership and
15    providing certain services, which shall be determined by
16    the Illinois Department, to persons in areas covered by the
17    Partnership may receive an additional surcharge for such
18    services.
19        (2) The Department may elect to consider and negotiate
20    financial incentives to encourage the development of
21    Partnerships and the efficient delivery of medical care.
22        (3) Persons receiving medical services through
23    Partnerships may receive medical and case management
24    services above the level usually offered through the
25    medical assistance program.
26    Medical providers shall be required to meet certain

 

 

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1qualifications to participate in Partnerships to ensure the
2delivery of high quality medical services. These
3qualifications shall be determined by rule of the Illinois
4Department and may be higher than qualifications for
5participation in the medical assistance program. Partnership
6sponsors may prescribe reasonable additional qualifications
7for participation by medical providers, only with the prior
8written approval of the Illinois Department.
9    Nothing in this Section shall limit the free choice of
10practitioners, hospitals, and other providers of medical
11services by clients. In order to ensure patient freedom of
12choice, the Illinois Department shall immediately promulgate
13all rules and take all other necessary actions so that provided
14services may be accessed from therapeutically certified
15optometrists to the full extent of the Illinois Optometric
16Practice Act of 1987 without discriminating between service
17providers.
18    The Department shall apply for a waiver from the United
19States Health Care Financing Administration to allow for the
20implementation of Partnerships under this Section.
21    The Illinois Department shall require health care
22providers to maintain records that document the medical care
23and services provided to recipients of Medical Assistance under
24this Article. Such records must be retained for a period of not
25less than 6 years from the date of service or as provided by
26applicable State law, whichever period is longer, except that

 

 

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1if an audit is initiated within the required retention period
2then the records must be retained until the audit is completed
3and every exception is resolved. The Illinois Department shall
4require health care providers to make available, when
5authorized by the patient, in writing, the medical records in a
6timely fashion to other health care providers who are treating
7or serving persons eligible for Medical Assistance under this
8Article. All dispensers of medical services shall be required
9to maintain and retain business and professional records
10sufficient to fully and accurately document the nature, scope,
11details and receipt of the health care provided to persons
12eligible for medical assistance under this Code, in accordance
13with regulations promulgated by the Illinois Department. The
14rules and regulations shall require that proof of the receipt
15of prescription drugs, dentures, prosthetic devices and
16eyeglasses by eligible persons under this Section accompany
17each claim for reimbursement submitted by the dispenser of such
18medical services. No such claims for reimbursement shall be
19approved for payment by the Illinois Department without such
20proof of receipt, unless the Illinois Department shall have put
21into effect and shall be operating a system of post-payment
22audit and review which shall, on a sampling basis, be deemed
23adequate by the Illinois Department to assure that such drugs,
24dentures, prosthetic devices and eyeglasses for which payment
25is being made are actually being received by eligible
26recipients. Within 90 days after September 16, 1984 (the

 

 

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1effective date of Public Act 83-1439), the Illinois Department
2shall establish a current list of acquisition costs for all
3prosthetic devices and any other items recognized as medical
4equipment and supplies reimbursable under this Article and
5shall update such list on a quarterly basis, except that the
6acquisition costs of all prescription drugs shall be updated no
7less frequently than every 30 days as required by Section
85-5.12.
9    Notwithstanding any other law to the contrary, the Illinois
10Department shall, within 365 days after July 22, 2013 (the
11effective date of Public Act 98-104), establish procedures to
12permit skilled care facilities licensed under the Nursing Home
13Care Act to submit monthly billing claims for reimbursement
14purposes. Following development of these procedures, the
15Department shall, by July 1, 2016, test the viability of the
16new system and implement any necessary operational or
17structural changes to its information technology platforms in
18order to allow for the direct acceptance and payment of nursing
19home claims.
20    Notwithstanding any other law to the contrary, the Illinois
21Department shall, within 365 days after August 15, 2014 (the
22effective date of Public Act 98-963), establish procedures to
23permit ID/DD facilities licensed under the ID/DD Community Care
24Act and MC/DD facilities licensed under the MC/DD Act to submit
25monthly billing claims for reimbursement purposes. Following
26development of these procedures, the Department shall have an

 

 

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1additional 365 days to test the viability of the new system and
2to ensure that any necessary operational or structural changes
3to its information technology platforms are implemented.
4    The Illinois Department shall require all dispensers of
5medical services, other than an individual practitioner or
6group of practitioners, desiring to participate in the Medical
7Assistance program established under this Article to disclose
8all financial, beneficial, ownership, equity, surety or other
9interests in any and all firms, corporations, partnerships,
10associations, business enterprises, joint ventures, agencies,
11institutions or other legal entities providing any form of
12health care services in this State under this Article.
13    The Illinois Department may require that all dispensers of
14medical services desiring to participate in the medical
15assistance program established under this Article disclose,
16under such terms and conditions as the Illinois Department may
17by rule establish, all inquiries from clients and attorneys
18regarding medical bills paid by the Illinois Department, which
19inquiries could indicate potential existence of claims or liens
20for the Illinois Department.
21    Enrollment of a vendor shall be subject to a provisional
22period and shall be conditional for one year. During the period
23of conditional enrollment, the Department may terminate the
24vendor's eligibility to participate in, or may disenroll the
25vendor from, the medical assistance program without cause.
26Unless otherwise specified, such termination of eligibility or

 

 

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1disenrollment is not subject to the Department's hearing
2process. However, a disenrolled vendor may reapply without
3penalty.
4    The Department has the discretion to limit the conditional
5enrollment period for vendors based upon category of risk of
6the vendor.
7    Prior to enrollment and during the conditional enrollment
8period in the medical assistance program, all vendors shall be
9subject to enhanced oversight, screening, and review based on
10the risk of fraud, waste, and abuse that is posed by the
11category of risk of the vendor. The Illinois Department shall
12establish the procedures for oversight, screening, and review,
13which may include, but need not be limited to: criminal and
14financial background checks; fingerprinting; license,
15certification, and authorization verifications; unscheduled or
16unannounced site visits; database checks; prepayment audit
17reviews; audits; payment caps; payment suspensions; and other
18screening as required by federal or State law.
19    The Department shall define or specify the following: (i)
20by provider notice, the "category of risk of the vendor" for
21each type of vendor, which shall take into account the level of
22screening applicable to a particular category of vendor under
23federal law and regulations; (ii) by rule or provider notice,
24the maximum length of the conditional enrollment period for
25each category of risk of the vendor; and (iii) by rule, the
26hearing rights, if any, afforded to a vendor in each category

 

 

10000HB0129ham001- 218 -LRB100 03797 RJF 43335 a

1of risk of the vendor that is terminated or disenrolled during
2the conditional enrollment period.
3    To be eligible for payment consideration, a vendor's
4payment claim or bill, either as an initial claim or as a
5resubmitted claim following prior rejection, must be received
6by the Illinois Department, or its fiscal intermediary, no
7later than 180 days after the latest date on the claim on which
8medical goods or services were provided, with the following
9exceptions:
10        (1) In the case of a provider whose enrollment is in
11    process by the Illinois Department, the 180-day period
12    shall not begin until the date on the written notice from
13    the Illinois Department that the provider enrollment is
14    complete.
15        (2) In the case of errors attributable to the Illinois
16    Department or any of its claims processing intermediaries
17    which result in an inability to receive, process, or
18    adjudicate a claim, the 180-day period shall not begin
19    until the provider has been notified of the error.
20        (3) In the case of a provider for whom the Illinois
21    Department initiates the monthly billing process.
22        (4) In the case of a provider operated by a unit of
23    local government with a population exceeding 3,000,000
24    when local government funds finance federal participation
25    for claims payments.
26    For claims for services rendered during a period for which

 

 

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1a recipient received retroactive eligibility, claims must be
2filed within 180 days after the Department determines the
3applicant is eligible. For claims for which the Illinois
4Department is not the primary payer, claims must be submitted
5to the Illinois Department within 180 days after the final
6adjudication by the primary payer.
7    In the case of long term care facilities, within 45
8calendar days of receipt by the facility of required
9prescreening information, new admissions with associated
10admission documents shall be submitted through the Medical
11Electronic Data Interchange (MEDI) or the Recipient
12Eligibility Verification (REV) System or shall be submitted
13directly to the Department of Human Services using required
14admission forms. Effective September 1, 2014, admission
15documents, including all prescreening information, must be
16submitted through MEDI or REV. Confirmation numbers assigned to
17an accepted transaction shall be retained by a facility to
18verify timely submittal. Once an admission transaction has been
19completed, all resubmitted claims following prior rejection
20are subject to receipt no later than 180 days after the
21admission transaction has been completed.
22    Claims that are not submitted and received in compliance
23with the foregoing requirements shall not be eligible for
24payment under the medical assistance program, and the State
25shall have no liability for payment of those claims.
26    To the extent consistent with applicable information and

 

 

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1privacy, security, and disclosure laws, State and federal
2agencies and departments shall provide the Illinois Department
3access to confidential and other information and data necessary
4to perform eligibility and payment verifications and other
5Illinois Department functions. This includes, but is not
6limited to: information pertaining to licensure;
7certification; earnings; immigration status; citizenship; wage
8reporting; unearned and earned income; pension income;
9employment; supplemental security income; social security
10numbers; National Provider Identifier (NPI) numbers; the
11National Practitioner Data Bank (NPDB); program and agency
12exclusions; taxpayer identification numbers; tax delinquency;
13corporate information; and death records.
14    The Illinois Department shall enter into agreements with
15State agencies and departments, and is authorized to enter into
16agreements with federal agencies and departments, under which
17such agencies and departments shall share data necessary for
18medical assistance program integrity functions and oversight.
19The Illinois Department shall develop, in cooperation with
20other State departments and agencies, and in compliance with
21applicable federal laws and regulations, appropriate and
22effective methods to share such data. At a minimum, and to the
23extent necessary to provide data sharing, the Illinois
24Department shall enter into agreements with State agencies and
25departments, and is authorized to enter into agreements with
26federal agencies and departments, including but not limited to:

 

 

10000HB0129ham001- 221 -LRB100 03797 RJF 43335 a

1the Secretary of State; the Department of Revenue; the
2Department of Public Health; the Department of Human Services;
3and the Department of Financial and Professional Regulation.
4    Beginning in fiscal year 2013, the Illinois Department
5shall set forth a request for information to identify the
6benefits of a pre-payment, post-adjudication, and post-edit
7claims system with the goals of streamlining claims processing
8and provider reimbursement, reducing the number of pending or
9rejected claims, and helping to ensure a more transparent
10adjudication process through the utilization of: (i) provider
11data verification and provider screening technology; and (ii)
12clinical code editing; and (iii) pre-pay, pre- or
13post-adjudicated predictive modeling with an integrated case
14management system with link analysis. Such a request for
15information shall not be considered as a request for proposal
16or as an obligation on the part of the Illinois Department to
17take any action or acquire any products or services.
18    The Illinois Department shall establish policies,
19procedures, standards and criteria by rule for the acquisition,
20repair and replacement of orthotic and prosthetic devices and
21durable medical equipment. Such rules shall provide, but not be
22limited to, the following services: (1) immediate repair or
23replacement of such devices by recipients; and (2) rental,
24lease, purchase or lease-purchase of durable medical equipment
25in a cost-effective manner, taking into consideration the
26recipient's medical prognosis, the extent of the recipient's

 

 

10000HB0129ham001- 222 -LRB100 03797 RJF 43335 a

1needs, and the requirements and costs for maintaining such
2equipment. Subject to prior approval, such rules shall enable a
3recipient to temporarily acquire and use alternative or
4substitute devices or equipment pending repairs or
5replacements of any device or equipment previously authorized
6for such recipient by the Department. Notwithstanding any
7provision of Section 5-5f to the contrary, the Department may,
8by rule, exempt certain replacement wheelchair parts from prior
9approval and, for wheelchairs, wheelchair parts, wheelchair
10accessories, and related seating and positioning items,
11determine the wholesale price by methods other than actual
12acquisition costs.
13    The Department shall require, by rule, all providers of
14durable medical equipment to be accredited by an accreditation
15organization approved by the federal Centers for Medicare and
16Medicaid Services and recognized by the Department in order to
17bill the Department for providing durable medical equipment to
18recipients. No later than 15 months after the effective date of
19the rule adopted pursuant to this paragraph, all providers must
20meet the accreditation requirement.
21    In order to promote environmental responsibility, meet the
22needs of recipients and enrollees, and achieve significant cost
23savings, the Department, or a managed care organization under
24contract with the Department, may provide recipients or managed
25care enrollees who have a prescription or Certificate of
26Medical Necessity access to refurbished durable medical

 

 

10000HB0129ham001- 223 -LRB100 03797 RJF 43335 a

1equipment under this Section (excluding prosthetic and
2orthotic devices as defined in the Orthotics, Prosthetics, and
3Pedorthics Practice Act and complex rehabilitation technology
4products and associated services) through the State's
5assistive technology program's reutilization program, using
6staff with the Assistive Technology Professional (ATP)
7Certification if the refurbished durable medical equipment:
8(i) is available; (ii) is less expensive, including shipping
9costs, than new durable medical equipment of the same type;
10(iii) is able to withstand at least 3 years of use; (iv) is
11cleaned, disinfected, sterilized, and safe in accordance with
12federal Food and Drug Administration regulations and guidance
13governing the reprocessing of medical devices in health care
14settings; and (v) equally meets the needs of the recipient or
15enrollee. The reutilization program shall confirm that the
16recipient or enrollee is not already in receipt of same or
17similar equipment from another service provider, and that the
18refurbished durable medical equipment equally meets the needs
19of the recipient or enrollee. Nothing in this paragraph shall
20be construed to limit recipient or enrollee choice to obtain
21new durable medical equipment or place any additional prior
22authorization conditions on enrollees of managed care
23organizations.
24    The Department shall execute, relative to the nursing home
25prescreening project, written inter-agency agreements with the
26Department of Human Services and the Department on Aging, to

 

 

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1effect the following: (i) intake procedures and common
2eligibility criteria for those persons who are receiving
3non-institutional services; and (ii) the establishment and
4development of non-institutional services in areas of the State
5where they are not currently available or are undeveloped; and
6(iii) notwithstanding any other provision of law, subject to
7federal approval, on and after July 1, 2012, an increase in the
8determination of need (DON) scores from 29 to 37 for applicants
9for institutional and home and community-based long term care;
10if and only if federal approval is not granted, the Department
11may, in conjunction with other affected agencies, implement
12utilization controls or changes in benefit packages to
13effectuate a similar savings amount for this population; and
14(iv) no later than July 1, 2013, minimum level of care
15eligibility criteria for institutional and home and
16community-based long term care; and (v) no later than October
171, 2013, establish procedures to permit long term care
18providers access to eligibility scores for individuals with an
19admission date who are seeking or receiving services from the
20long term care provider. In order to select the minimum level
21of care eligibility criteria, the Governor shall establish a
22workgroup that includes affected agency representatives and
23stakeholders representing the institutional and home and
24community-based long term care interests. This Section shall
25not restrict the Department from implementing lower level of
26care eligibility criteria for community-based services in

 

 

10000HB0129ham001- 225 -LRB100 03797 RJF 43335 a

1circumstances where federal approval has been granted.
2    The Illinois Department shall develop and operate, in
3cooperation with other State Departments and agencies and in
4compliance with applicable federal laws and regulations,
5appropriate and effective systems of health care evaluation and
6programs for monitoring of utilization of health care services
7and facilities, as it affects persons eligible for medical
8assistance under this Code.
9    The Illinois Department shall report annually to the
10General Assembly, no later than the second Friday in April of
111979 and each year thereafter, in regard to:
12        (a) actual statistics and trends in utilization of
13    medical services by public aid recipients;
14        (b) actual statistics and trends in the provision of
15    the various medical services by medical vendors;
16        (c) current rate structures and proposed changes in
17    those rate structures for the various medical vendors; and
18        (d) efforts at utilization review and control by the
19    Illinois Department.
20    The period covered by each report shall be the 3 years
21ending on the June 30 prior to the report. The report shall
22include suggested legislation for consideration by the General
23Assembly. The requirement for reporting to the General Assembly
24shall be satisfied by filing copies of the report as required
25by Section 3.1 of the General Assembly Organization Act, and
26filing The filing of one copy of the report with the Speaker,

 

 

10000HB0129ham001- 226 -LRB100 03797 RJF 43335 a

1one copy with the Minority Leader and one copy with the Clerk
2of the House of Representatives, one copy with the President,
3one copy with the Minority Leader and one copy with the
4Secretary of the Senate, one copy with the Legislative Research
5Unit, and such additional copies with the State Government
6Report Distribution Center for the General Assembly as is
7required under paragraph (t) of Section 7 of the State Library
8Act shall be deemed sufficient to comply with this Section.
9    Rulemaking authority to implement Public Act 95-1045, if
10any, is conditioned on the rules being adopted in accordance
11with all provisions of the Illinois Administrative Procedure
12Act and all rules and procedures of the Joint Committee on
13Administrative Rules; any purported rule not so adopted, for
14whatever reason, is unauthorized.
15    On and after July 1, 2012, the Department shall reduce any
16rate of reimbursement for services or other payments or alter
17any methodologies authorized by this Code to reduce any rate of
18reimbursement for services or other payments in accordance with
19Section 5-5e.
20    Because kidney transplantation can be an appropriate,
21cost-effective cost effective alternative to renal dialysis
22when medically necessary and notwithstanding the provisions of
23Section 1-11 of this Code, beginning October 1, 2014, the
24Department shall cover kidney transplantation for noncitizens
25with end-stage renal disease who are not eligible for
26comprehensive medical benefits, who meet the residency

 

 

10000HB0129ham001- 227 -LRB100 03797 RJF 43335 a

1requirements of Section 5-3 of this Code, and who would
2otherwise meet the financial requirements of the appropriate
3class of eligible persons under Section 5-2 of this Code. To
4qualify for coverage of kidney transplantation, such person
5must be receiving emergency renal dialysis services covered by
6the Department. Providers under this Section shall be prior
7approved and certified by the Department to perform kidney
8transplantation and the services under this Section shall be
9limited to services associated with kidney transplantation.
10    Notwithstanding any other provision of this Code to the
11contrary, on or after July 1, 2015, all FDA approved forms of
12medication assisted treatment prescribed for the treatment of
13alcohol dependence or treatment of opioid dependence shall be
14covered under both fee for service and managed care medical
15assistance programs for persons who are otherwise eligible for
16medical assistance under this Article and shall not be subject
17to any (1) utilization control, other than those established
18under the American Society of Addiction Medicine patient
19placement criteria, (2) prior authorization mandate, or (3)
20lifetime restriction limit mandate.
21    On or after July 1, 2015, opioid antagonists prescribed for
22the treatment of an opioid overdose, including the medication
23product, administration devices, and any pharmacy fees related
24to the dispensing and administration of the opioid antagonist,
25shall be covered under the medical assistance program for
26persons who are otherwise eligible for medical assistance under

 

 

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1this Article. As used in this Section, "opioid antagonist"
2means a drug that binds to opioid receptors and blocks or
3inhibits the effect of opioids acting on those receptors,
4including, but not limited to, naloxone hydrochloride or any
5other similarly acting drug approved by the U.S. Food and Drug
6Administration.
7    Upon federal approval, the Department shall provide
8coverage and reimbursement for all drugs that are approved for
9marketing by the federal Food and Drug Administration and that
10are recommended by the federal Public Health Service or the
11United States Centers for Disease Control and Prevention for
12pre-exposure prophylaxis and related pre-exposure prophylaxis
13services, including, but not limited to, HIV and sexually
14transmitted infection screening, treatment for sexually
15transmitted infections, medical monitoring, assorted labs, and
16counseling to reduce the likelihood of HIV infection among
17individuals who are not infected with HIV but who are at high
18risk of HIV infection.
19    A federally qualified health center, as defined in Section
201905(l)(2)(B) of the federal Social Security Act, shall be
21reimbursed by the Department in accordance with the federally
22qualified health center's encounter rate for services provided
23to medical assistance recipients that are performed by a dental
24hygienist, as defined under the Illinois Dental Practice Act,
25working under the general supervision of a dentist and employed
26by a federally qualified health center.

 

 

10000HB0129ham001- 229 -LRB100 03797 RJF 43335 a

1    Notwithstanding any other provision of this Code, the
2Illinois Department shall authorize licensed dietitian
3nutritionists and certified diabetes educators to counsel
4senior diabetes patients in the senior diabetes patients' homes
5to remove the hurdle of transportation for senior diabetes
6patients to receive treatment.
7(Source: P.A. 99-78, eff. 7-20-15; 99-180, eff. 7-29-15;
899-236, eff. 8-3-15; 99-407 (see Section 20 of P.A. 99-588 for
9the effective date of P.A. 99-407); 99-433, eff. 8-21-15;
1099-480, eff. 9-9-15; 99-588, eff. 7-20-16; 99-642, eff.
117-28-16; 99-772, eff. 1-1-17; 99-895, eff. 1-1-17; 100-201,
12eff. 8-18-17; 100-395, eff. 1-1-18; 100-449, eff. 1-1-18;
13100-538, eff. 1-1-18; 100-587, eff. 6-4-18; 100-759, eff.
141-1-19; 100-863, eff. 8-14-18; 100-974, eff. 8-19-18;
15100-1009, eff. 1-1-19; 100-1018, eff. 1-1-19; revised
1610-9-18.)
 
17    (305 ILCS 5/5-5.8)  (from Ch. 23, par. 5-5.8)
18    Sec. 5-5.8. Report on nursing home reimbursement. The
19Illinois Department shall report annually to the General
20Assembly, no later than the first Monday in April of 1982, and
21each year thereafter, in regard to:
22    (a) the rate structure used by the Illinois Department to
23reimburse nursing facilities;
24    (b) changes in the rate structure for reimbursing nursing
25facilities;

 

 

10000HB0129ham001- 230 -LRB100 03797 RJF 43335 a

1    (c) the administrative and program costs of reimbursing
2nursing facilities;
3    (d) the availability of beds in nursing facilities for
4public aid recipients; and
5    (e) the number of closings of nursing facilities, and the
6reasons for those closings.
7    The requirement for reporting to the General Assembly shall
8be satisfied by filing copies of the report with the Speaker,
9the Minority Leader and the Clerk of the House of
10Representatives and the President, the Minority Leader and the
11Secretary of the Senate and the Legislative Research Unit, as
12required by Section 3.1 of the General Assembly Organization
13Act "An Act to revise the law in relation to the General
14Assembly", approved February 25, 1874, as amended, and filing
15such additional copies with the State Government Report
16Distribution Center for the General Assembly as is required
17under paragraph (t) of Section 7 of the State Library Act.
18(Source: P.A. 84-1438.)
 
19    (305 ILCS 5/12-5)  (from Ch. 23, par. 12-5)
20    Sec. 12-5. Appropriations; uses; federal grants; report to
21General Assembly. From the sums appropriated by the General
22Assembly, the Illinois Department shall order for payment by
23warrant from the State Treasury grants for public aid under
24Articles III, IV, and V, including grants for funeral and
25burial expenses, and all costs of administration of the

 

 

10000HB0129ham001- 231 -LRB100 03797 RJF 43335 a

1Illinois Department and the County Departments relating
2thereto. Moneys appropriated to the Illinois Department for
3public aid under Article VI may be used, with the consent of
4the Governor, to co-operate with federal, State, and local
5agencies in the development of work projects designed to
6provide suitable employment for persons receiving public aid
7under Article VI. The Illinois Department, with the consent of
8the Governor, may be the agent of the State for the receipt and
9disbursement of federal funds or commodities for public aid
10purposes under Article VI and for related purposes in which the
11co-operation of the Illinois Department is sought by the
12federal government, and, in connection therewith, may make
13necessary expenditures from moneys appropriated for public aid
14under any Article of this Code and for administration. The
15Illinois Department, with the consent of the Governor, may be
16the agent of the State for the receipt and disbursement of
17federal funds pursuant to the Immigration Reform and Control
18Act of 1986 and may make necessary expenditures from monies
19appropriated to it for operations, administration, and grants,
20including payment to the Health Insurance Reserve Fund for
21group insurance costs at the rate certified by the Department
22of Central Management Services. All amounts received by the
23Illinois Department pursuant to the Immigration Reform and
24Control Act of 1986 shall be deposited in the Immigration
25Reform and Control Fund. All amounts received into the
26Immigration Reform and Control Fund as reimbursement for

 

 

10000HB0129ham001- 232 -LRB100 03797 RJF 43335 a

1expenditures from the General Revenue Fund shall be transferred
2to the General Revenue Fund.
3    All grants received by the Illinois Department for programs
4funded by the Federal Social Services Block Grant shall be
5deposited in the Social Services Block Grant Fund. All funds
6received into the Social Services Block Grant Fund as
7reimbursement for expenditures from the General Revenue Fund
8shall be transferred to the General Revenue Fund. All funds
9received into the Social Services Block Grant fund for
10reimbursement for expenditure out of the Local Initiative Fund
11shall be transferred into the Local Initiative Fund. Any other
12federal funds received into the Social Services Block Grant
13Fund shall be transferred to the DHS Special Purposes Trust
14Fund. All federal funds received by the Illinois Department as
15reimbursement for Employment and Training Programs for
16expenditures made by the Illinois Department from grants,
17gifts, or legacies as provided in Section 12-4.18 or made by an
18entity other than the Illinois Department and all federal funds
19received from the Emergency Contingency Fund for State
20Temporary Assistance for Needy Families Programs established
21by the American Recovery and Reinvestment Act of 2009 shall be
22deposited into the Employment and Training Fund.
23    During each State fiscal year, an amount not exceeding a
24total of $68,800,000 of the federal funds received by the
25Illinois Department under the provisions of Title IV-A of the
26federal Social Security Act shall be deposited into the DCFS

 

 

10000HB0129ham001- 233 -LRB100 03797 RJF 43335 a

1Children's Services Fund.
2    All federal funds, except those covered by the foregoing 3
3paragraphs, received as reimbursement for expenditures from
4the General Revenue Fund shall be deposited in the General
5Revenue Fund for administrative and distributive expenditures
6properly chargeable by federal law or regulation to aid
7programs established under Articles III through XII and Titles
8IV, XVI, XIX and XX of the Federal Social Security Act. Any
9other federal funds received by the Illinois Department under
10Sections 12-4.6, 12-4.18 and 12-4.19 that are required by
11Section 12-10 of this Code to be paid into the DHS Special
12Purposes Trust Fund shall be deposited into the DHS Special
13Purposes Trust Fund. Any other federal funds received by the
14Illinois Department pursuant to the Child Support Enforcement
15Program established by Title IV-D of the Social Security Act
16shall be deposited in the Child Support Enforcement Trust Fund
17as required under Section 12-10.2 or in the Child Support
18Administrative Fund as required under Section 12-10.2a of this
19Code. Any other federal funds received by the Illinois
20Department for expenditures made under Title XIX of the Social
21Security Act and Articles V and VI of this Code that are
22required by Section 15-2 of this Code to be paid into the
23County Provider Trust Fund shall be deposited into the County
24Provider Trust Fund. Any other federal funds received by the
25Illinois Department for hospital inpatient, hospital
26ambulatory care, and disproportionate share hospital

 

 

10000HB0129ham001- 234 -LRB100 03797 RJF 43335 a

1expenditures made under Title XIX of the Social Security Act
2and Article V of this Code that are required by Section 5A-8 of
3this Code to be paid into the Hospital Provider Fund shall be
4deposited into the Hospital Provider Fund. Any other federal
5funds received by the Illinois Department for medical
6assistance program expenditures made under Title XIX of the
7Social Security Act and Article V of this Code that are
8required by Section 5B-8 of this Code to be paid into the
9Long-Term Care Provider Fund shall be deposited into the
10Long-Term Care Provider Fund. Any other federal funds received
11by the Illinois Department for medical assistance program
12expenditures made under Title XIX of the Social Security Act
13and Article V of this Code that are required by Section 5C-7 of
14this Code to be paid into the Care Provider Fund for Persons
15with a Developmental Disability shall be deposited into the
16Care Provider Fund for Persons with a Developmental Disability.
17Any other federal funds received by the Illinois Department for
18trauma center adjustment payments that are required by Section
195-5.03 of this Code and made under Title XIX of the Social
20Security Act and Article V of this Code shall be deposited into
21the Trauma Center Fund. Any other federal funds received by the
22Illinois Department as reimbursement for expenses for early
23intervention services paid from the Early Intervention
24Services Revolving Fund shall be deposited into that Fund.
25    The Illinois Department shall report to the General
26Assembly at the end of each fiscal quarter the amount of all

 

 

10000HB0129ham001- 235 -LRB100 03797 RJF 43335 a

1funds received and paid into the Social Services Block Grant
2Fund and the Local Initiative Fund and the expenditures and
3transfers of such funds for services, programs and other
4purposes authorized by law. Such report shall be filed with the
5Speaker, Minority Leader and Clerk of the House, with the
6President, Minority Leader and Secretary of the Senate, with
7the Chairmen of the House and Senate Appropriations Committees,
8the House Human Resources Committee and the Senate Public
9Health, Welfare and Corrections Committee, or the successor
10standing Committees of each as provided by the rules of the
11House and Senate, respectively, with the Commission on
12Government Forecasting and Accountability Legislative Research
13Unit and with the State Government Report Distribution Center
14for the General Assembly as is required under paragraph (t) of
15Section 7 of the State Library Act shall be deemed sufficient
16to comply with this Section.
17(Source: P.A. 99-143, eff. 7-27-15; 99-933, Article 5, Section
185-130, eff. 1-27-17; 99-933, Article 15, Section 15-50, eff.
191-27-17; 100-587, eff. 6-4-18; 100-863, eff. 8-14-18.)
 
20    Section 245. The Interagency Board for Children who are
21Deaf or Hard-of-Hearing and have an Emotional or Behavioral
22Disorder Act is amended by changing Section 11 as follows:
 
23    (325 ILCS 35/11)  (from Ch. 23, par. 6711)
24    Sec. 11. Reports. The Board shall make a report of its work

 

 

10000HB0129ham001- 236 -LRB100 03797 RJF 43335 a

1annually to the State Superintendent of Education and to the
2Governor and to each regular session of the General Assembly.
3    The requirement for reporting to the General Assembly shall
4be satisfied by filing copies of the report with the Speaker,
5the Minority Leader and the Clerk of the House of
6Representatives and the President, the Minority Leader and the
7Secretary of the Senate and the Legislative Research Unit, as
8required by Section 3.1 of the General Assembly Organization
9Act and filing such additional copies with the State Government
10Report Distribution Center for the General Assembly as is
11required under paragraph (t) of Section 7 of the State Library
12Act.
13(Source: P.A. 86-1200; 87-1127.)
 
14    Section 250. The Psychiatry Practice Incentive Act is
15amended by changing Section 35 as follows:
 
16    (405 ILCS 100/35)
17    Sec. 35. Annual report. The Department may annually report
18to the General Assembly and the Governor the results and
19progress of all programs established under this Act.
20    The annual report to the General Assembly and the Governor
21must include the impact of programs established under this Act
22on the ability of designated shortage areas to attract and
23retain physicians and other health care personnel. The report
24shall include recommendations to improve that ability.

 

 

10000HB0129ham001- 237 -LRB100 03797 RJF 43335 a

1    The requirement for reporting to the General Assembly shall
2be satisfied by filing copies of the report with the Speaker,
3the Minority Leader, and the Clerk of the House of
4Representatives and the President, the Minority Leader and the
5Secretary of the Senate and the Legislative Research Unit, as
6required by Section 3.1 of the General Assembly Organization
7Act, and by filing such additional copies with the State
8Government Report Distribution Center for the General Assembly
9as is required under paragraph (t) of Section 7 of the State
10Library Act.
11(Source: P.A. 99-933, eff. 1-27-17.)
 
12    Section 255. The Environmental Protection Act is amended by
13changing Section 6.1 as follows:
 
14    (415 ILCS 5/6.1)  (from Ch. 111 1/2, par. 1006.1)
15    Sec. 6.1. The Department of Commerce and Community Affairs
16(now Department of Commerce and Economic Opportunity) shall
17conduct studies of the effects of all State and federal sulfur
18dioxide regulations and emission standards on the use of
19Illinois coal and other fuels, and shall report the results of
20such studies to the Governor and the General Assembly. The
21reports shall be made by July 1, 1980 and biennially
22thereafter.
23    The requirement for reporting to the General Assembly shall
24be satisfied by filing copies of the report with the Speaker,

 

 

10000HB0129ham001- 238 -LRB100 03797 RJF 43335 a

1the Minority Leader and the Clerk of the House of
2Representatives and the President, the Minority Leader and the
3Secretary of the Senate and the Legislative Research Unit, as
4required by Section 3.1 of the General Assembly Organization
5Act "An Act to revise the law in relation to the General
6Assembly", approved February 25, 1874, as amended, and filing
7such additional copies with the State Government Report
8Distribution Center for the General Assembly as is required
9under paragraph (t) of Section 7 of the State Library Act.
10(Source: P.A. 94-793, eff. 5-19-06.)
 
11    Section 260. The Illinois Highway Code is amended by
12changing Section 4-201.16 as follows:
 
13    (605 ILCS 5/4-201.16)  (from Ch. 121, par. 4-201.16)
14    Sec. 4-201.16. Land acquired for highway purposes,
15including buildings or improvements upon such property, may be
16rented between the time of acquisition and the time when the
17land is needed for highway purposes.
18    The Department shall file an annual report with the General
19Assembly, by October 1 of each year, which details, by county,
20the number of rented parcels, the total amount of rent received
21from these parcels, and the number of parcels which include
22buildings or improvements.
23    The requirement for reporting to the General Assembly shall
24be satisfied by filing copies of the report with the Speaker,

 

 

10000HB0129ham001- 239 -LRB100 03797 RJF 43335 a

1the Minority Leader and the Clerk of the House of
2Representatives and the President, the Minority Leader and the
3Secretary of the Senate and the Legislative Research Unit, as
4required by Section 3.1 of the General Assembly Organization
5Act "An Act to revise the law in relation to the General
6Assembly", approved February 25, 1874, as amended, and filing
7such additional copies with the State Government Report
8Distribution Center for the General Assembly as is required
9under paragraph (t) of Section 7 of the State Library Act.
10(Source: P.A. 84-1438.)
 
11    Section 265. The Rivers, Lakes, and Streams Act is amended
12by changing Sections 14a, 16, and 20 as follows:
 
13    (615 ILCS 5/14a)  (from Ch. 19, par. 61a)
14    Sec. 14a. It is the express intention of this legislation
15that close cooperation shall exist between the Pollution
16Control Board, the Environmental Protection Agency, and the
17Department of Natural Resources and that every resource of
18State government shall be applied to the proper preservation
19and utilization of the waters of Lake Michigan.
20    The Environmental Protection Agency shall work in close
21cooperation with the City of Chicago and other affected units
22of government to: (1) terminate discharge of pollutional waste
23materials to Lake Michigan from vessels in both intra-state and
24inter-state navigation, and (2) abate domestic, industrial,

 

 

10000HB0129ham001- 240 -LRB100 03797 RJF 43335 a

1and other pollution to assure that Lake Michigan beaches in
2Illinois are suitable for full body contact sports, meeting
3criteria of the Pollution Control Board.
4    The Environmental Protection Agency shall regularly
5conduct water quality and lake bed surveys to evaluate the
6ecology and the quality of water in Lake Michigan. Results of
7such surveys shall be made available, without charge, to all
8interested persons and agencies. It shall be the responsibility
9of the Director of the Environmental Protection Agency to
10report biennially or at such other times as the Governor shall
11direct; such report shall provide hydrologic, biologic, and
12chemical data together with recommendations to the Governor and
13members of the General Assembly.
14    The requirement for reporting to the General Assembly shall
15be satisfied by filing copies of the report with the Speaker,
16the Minority Leader and the Clerk of the House of
17Representatives and the President, the Minority Leader and the
18Secretary of the Senate and the Legislative Research Unit, as
19required by Section 3.1 of the General Assembly Organization
20Act "An Act to revise the law in relation to the General
21Assembly", approved February 25, 1874, as amended, and filing
22such additional copies with the State Government Report
23Distribution Center for the General Assembly as is required
24under paragraph (t) of Section 7 of the State Library Act.
25    In meeting the requirements of this Act, the Pollution
26Control Board, Environmental Protection Agency and Department

 

 

10000HB0129ham001- 241 -LRB100 03797 RJF 43335 a

1of Natural Resources are authorized to be in direct contact
2with individuals, municipalities, public and private
3corporations and other organizations which are or may be
4contributing to the discharge of pollution to Lake Michigan.
5(Source: P.A. 98-78, eff. 7-15-13.)
 
6    (615 ILCS 5/16)  (from Ch. 19, par. 63)
7    Sec. 16. The Department of Natural Resources shall plan and
8devise methods, ways and means for the preservation and
9beautifying of the public bodies of water of the State, and for
10making the same more available for the use of the public, and
11it shall from time to time report its findings and conclusions
12to the Governor and general assembly, and from time to time
13submit to the general assembly drafts of such measures as it
14may deem necessary to be enacted for the accomplishment of such
15purpose, or for the protection of such bodies of water.
16    The requirement for reporting to the General Assembly shall
17be satisfied by filing copies of the report with the Speaker,
18the Minority Leader and the Clerk of the House of
19Representatives and the President, the Minority Leader and the
20Secretary of the Senate and the Legislative Research Unit, as
21required by Section 3.1 of the General Assembly Organization
22Act "An Act to revise the law in relation to the General
23Assembly", approved February 25, 1874, as amended, and filing
24such additional copies with the State Government Report
25Distribution Center for the General Assembly as is required

 

 

10000HB0129ham001- 242 -LRB100 03797 RJF 43335 a

1under paragraph (t) of Section 7 of the State Library Act.
2(Source: P.A. 89-445, eff. 2-7-96.)
 
3    (615 ILCS 5/20)  (from Ch. 19, par. 67)
4    Sec. 20. The Department of Natural Resources shall obtain
5data and information as to the availability of the various
6streams of Illinois for water power, and preserve all such
7data, and report to the Governor and the general assembly such
8facts as to the amount of water power which can be so
9developed, from time to time, as in its judgment should be
10communicated, looking to the preservation of the rights of the
11State of Illinois in the water power and navigation of this
12State.
13    The requirement for reporting to the General Assembly shall
14be satisfied by filing copies of the report with the Speaker,
15the Minority Leader and the Clerk of the House of
16Representatives and the President, the Minority Leader and the
17Secretary of the Senate and the Legislative Research Unit, as
18required by Section 3.1 of the General Assembly Organization
19Act "An Act to revise the law in relation to the General
20Assembly", approved February 25, 1874, as amended, and filing
21such additional copies with the State Government Report
22Distribution Center for the General Assembly as is required
23under paragraph (t) of Section 7 of the State Library Act.
24(Source: P.A. 89-445, eff. 2-7-96.)
 

 

 

10000HB0129ham001- 243 -LRB100 03797 RJF 43335 a

1    Section 270. The Flood Control Act of 1945 is amended by
2changing Section 5 as follows:
 
3    (615 ILCS 15/5)  (from Ch. 19, par. 126e)
4    Sec. 5. It shall be the duty of the Department of Natural
5Resources to execute examinations and surveys of the scope
6necessary and practical under this Act: The Director of Natural
7Resources may in his discretion or at the direction of the
8General Assembly cause an examination of any project for the
9improvement of any of the rivers and waters of Illinois for any
10improvements authorized under this Act and a report on the
11improvements shall be submitted to the Governor, the members of
12the General Assembly of the Legislative Districts in which the
13improvements are located, and the General Assembly. The
14requirement for reporting to the General Assembly shall be
15satisfied by filing copies of the report with the Speaker, the
16Minority Leader, and the Clerk of the House of Representatives;
17and the President, the Minority Leader, and the Secretary of
18the Senate; and the Legislative Research Unit, as required by
19Section 3.1 of the General Assembly Organization Act, and
20filing any additional copies with the State Government Report
21Distribution Center for the General Assembly as required under
22paragraph (t) of Section 7 of the State Library Act. All
23reports shall include, as may be practicable, a comprehensive
24study of the watersheds involved, any other matter required by
25the Director of Natural Resources, and any or all data as may

 

 

10000HB0129ham001- 244 -LRB100 03797 RJF 43335 a

1be pertinent in regard to:
2        (a) the extent and character of the area affected;
3        (b) the hydrography of the area affected, including
4    rainfall and run-off, frequency and severity of floods,
5    frequency and degree of low flows;
6        (c) flood damages to rural property, growing crops,
7    urban property, industrial property, and communications,
8    including highways, railways, and waterways;
9        (d) the probable effect upon any navigable water or
10    waterway;
11        (e) the possible economical development and
12    utilization of water power;
13        (f) the possible economical reclamation and drainage
14    of the bottomland and upland areas;
15        (g) any other allied uses that may be properly related
16    to or coordinated with the project, including but not
17    limited to, any benefits for public water supply uses,
18    public recreational uses, or wild life conservation;
19        (h) the estimated cost of the improvement and a
20    statement of special or local benefit that will accrue to
21    localities affected by the improvement and a statement of
22    general or state wide benefits, with recommendations as to
23    what local cooperation, participation, and cost sharing
24    should be required, if any, on account of the special or
25    local benefit.
26    The heads of the several Departments of the State shall,

 

 

10000HB0129ham001- 245 -LRB100 03797 RJF 43335 a

1upon the request of the Director of Natural Resources, detail
2representatives from their respective Departments to assist
3the Department of Natural Resources in the study of the
4watersheds, to the end that duplication of work may be avoided
5and the various services of the State economically coordinated
6therein.
7    In the exercise of its duties under this Section, the
8Department may accept or amend a work plan of the United States
9government. The federal work plan as accepted by the Department
10shall be filed as provided for in this Section.
11(Source: P.A. 88-517; 89-445, eff. 2-7-96.)
 
12    Section 275. The Illinois Vehicle Code is amended by
13changing Section 15-203 as follows:
 
14    (625 ILCS 5/15-203)  (from Ch. 95 1/2, par. 15-203)
15    Sec. 15-203. Records of violations. The Department of State
16Police shall maintain records of the number of violators of
17such acts apprehended and the number of convictions obtained. A
18resume of such records shall be included in the Department's
19annual report to the Governor; and the Department shall also
20present such resume to each regular session of the General
21Assembly.
22    The requirement for reporting to the General Assembly shall
23be satisfied by filing copies of the report with the Speaker,
24the Minority Leader and the Clerk of the House of

 

 

10000HB0129ham001- 246 -LRB100 03797 RJF 43335 a

1Representatives and the President, the Minority Leader and the
2Secretary of the Senate and the Legislative Research Unit, as
3required by Section 3.1 of the General Assembly Organization
4Act "An Act to revise the law in relation to the General
5Assembly", approved February 25, 1874, as amended, and filing
6such additional copies with the State Government Report
7Distribution Center for the General Assembly as is required
8under paragraph (t) of Section 7 of the State Library Act.
9(Source: P.A. 84-1438.)
 
10    Section 280. The Illinois Abortion Law of 1975 is amended
11by changing Section 10 as follows:
 
12    (720 ILCS 510/10)  (from Ch. 38, par. 81-30)
13    Sec. 10. A report of each abortion performed shall be made
14to the Department on forms prescribed by it. Such report forms
15shall not identify the patient by name, but by an individual
16number to be noted in the patient's permanent record in the
17possession of the physician, and shall include information
18concerning:
19    (1) Identification of the physician who performed the
20abortion and the facility where the abortion was performed and
21a patient identification number;
22    (2) State in which the patient resides;
23    (3) Patient's date of birth, race and marital status;
24    (4) Number of prior pregnancies;

 

 

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1    (5) Date of last menstrual period;
2    (6) Type of abortion procedure performed;
3    (7) Complications and whether the abortion resulted in a
4live birth;
5    (8) The date the abortion was performed;
6    (9) Medical indications for any abortion performed when the
7fetus was viable;
8    (10) The information required by Sections 6(1)(b) and
96(4)(b) of this Act, if applicable;
10    (11) Basis for any medical judgment that a medical
11emergency existed when required under Sections 6(2)(a) and 6(6)
12and when required to be reported in accordance with this
13Section by any provision of this Law; and
14    (12) The pathologist's test results pursuant to Section 12
15of this Act.
16    Such form shall be completed by the hospital or other
17licensed facility, signed by the physician who performed the
18abortion or pregnancy termination, and transmitted to the
19Department not later than 10 days following the end of the
20month in which the abortion was performed.
21    In the event that a complication of an abortion occurs or
22becomes known after submission of such form, a correction using
23the same patient identification number shall be submitted to
24the Department within 10 days of its becoming known.
25    The Department may prescribe rules and regulations
26regarding the administration of this Law and shall prescribe

 

 

10000HB0129ham001- 248 -LRB100 03797 RJF 43335 a

1regulations to secure the confidentiality of the woman's
2identity in the information to be provided under the "Vital
3Records Act". All reports received by the Department shall be
4treated as confidential and the Department shall secure the
5woman's anonymity. Such reports shall be used only for
6statistical purposes.
7    Upon 30 days public notice, the Department is empowered to
8require reporting of any additional information which, in the
9sound discretion of the Department, is necessary to develop
10statistical data relating to the protection of maternal or
11fetal life or health, or is necessary to enforce the provisions
12of this Law, or is necessary to develop useful criteria for
13medical decisions. The Department shall annually report to the
14General Assembly all statistical data gathered under this Law
15and its recommendations to further the purpose of this Law.
16    The requirement for reporting to the General Assembly shall
17be satisfied by filing copies of the report with the Speaker,
18the Minority Leader and the Clerk of the House of
19Representatives and the President, the Minority Leader and the
20Secretary of the Senate and the Legislative Research Unit, as
21required by Section 3.1 of the General Assembly Organization
22Act "An Act to revise the law in relation to the General
23Assembly", approved February 25, 1874, as amended, and filing
24such additional copies with the State Government Report
25Distribution Center for the General Assembly as is required
26under paragraph (t) of Section 7 of the State Library Act.

 

 

10000HB0129ham001- 249 -LRB100 03797 RJF 43335 a

1(Source: P.A. 84-1438.)
 
2    Section 285. The Code of Criminal Procedure of 1963 is
3amended by changing Sections 108A-11 and 108B-13 as follows:
 
4    (725 ILCS 5/108A-11)  (from Ch. 38, par. 108A-11)
5    Sec. 108A-11. Reports Concerning Use of Eavesdropping
6Devices. (a) In January of each year the State's Attorney of
7each county in which eavesdropping devices were used pursuant
8to the provisions of this Article shall report to the
9Department of State Police the following with respect to each
10application for an order authorizing the use of an
11eavesdropping device, or an extension thereof, made during the
12preceding calendar year:
13    (1) the fact that such an order, extension, or subsequent
14approval of an emergency was applied for;
15    (2) the kind of order or extension applied for;
16    (3) a statement as to whether the order or extension was
17granted as applied for was modified, or was denied;
18    (4) the period authorized by the order or extensions in
19which an eavesdropping device could be used;
20    (5) the felony specified in the order extension or denied
21application;
22    (6) the identity of the applying investigative or law
23enforcement officer and agency making the application and the
24State's Attorney authorizing the application; and

 

 

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1    (7) the nature of the facilities from which or the place
2where the eavesdropping device was to be used.
3    (b) Such report shall also include the following:
4    (1) a general description of the uses of eavesdropping
5devices actually made under such order to overheard or record
6conversations, including: (a) the approximate nature and
7frequency of incriminating conversations overheard, (b) the
8approximate nature and frequency of other conversations
9overheard, (c) the approximate number of persons whose
10conversations were overheard, and (d) the approximate nature,
11amount, and cost of the manpower and other resources used
12pursuant to the authorization to use an eavesdropping device;
13    (2) the number of arrests resulting from authorized uses of
14eavesdropping devices and the offenses for which arrests were
15made;
16    (3) the number of trials resulting from such uses of
17eavesdropping devices;
18    (4) the number of motions to suppress made with respect to
19such uses, and the number granted or denied; and
20    (5) the number of convictions resulting from such uses and
21the offenses for which the convictions were obtained and a
22general assessment of the importance of the convictions.
23    (c) In April of each year, the Department of State Police
24shall transmit to the General Assembly a report including
25information on the number of applications for orders
26authorizing the use of eavesdropping devices, the number of

 

 

10000HB0129ham001- 251 -LRB100 03797 RJF 43335 a

1orders and extensions granted or denied during the preceding
2calendar year, and the convictions arising out of such uses.
3    The requirement for reporting to the General Assembly shall
4be satisfied by filing copies of the report with the Speaker,
5the Minority Leader and the Clerk of the House of
6Representatives and the President, the Minority Leader and the
7Secretary of the Senate and the Legislative Research Unit, as
8required by Section 3.1 of the General Assembly Organization
9Act "An Act to revise the law in relation to the General
10Assembly", approved February 25, 1874, as amended, and filing
11such additional copies with the State Government Report
12Distribution Center for the General Assembly as is required
13under paragraph (t) of Section 7 of the State Library Act.
14(Source: P.A. 86-391.)
 
15    (725 ILCS 5/108B-13)  (from Ch. 38, par. 108B-13)
16    Sec. 108B-13. Reports concerning use of eavesdropping
17devices.
18    (a) Within 30 days after the expiration of an order and
19each extension thereof authorizing an interception, or within
2030 days after the denial of an application or disapproval of an
21application subsequent to any alleged emergency situation, the
22State's Attorney shall report to the Department of State Police
23the following:
24        (1) the fact that such an order, extension, or
25    subsequent approval of an emergency was applied for;

 

 

10000HB0129ham001- 252 -LRB100 03797 RJF 43335 a

1        (2) the kind of order or extension applied for;
2        (3) a statement as to whether the order or extension
3    was granted as applied for was modified, or was denied;
4        (4) the period authorized by the order or extensions in
5    which an eavesdropping device could be used;
6        (5) the offense enumerated in Section 108B-3 which is
7    specified in the order or extension or in the denied
8    application;
9        (6) the identity of the applying electronic criminal
10    surveillance officer and agency making the application and
11    the State's Attorney authorizing the application; and
12        (7) the nature of the facilities from which or the
13    place where the eavesdropping device was to be used.
14    (b) In January of each year the State's Attorney of each
15county in which an interception occurred pursuant to the
16provisions of this Article shall report to the Department of
17State Police the following:
18        (1) a general description of the uses of eavesdropping
19    devices actually made under such order to overhear or
20    record conversations, including: (a) the approximate
21    nature and frequency of incriminating conversations
22    overheard, (b) the approximate nature and frequency of
23    other conversations overheard, (c) the approximate number
24    of persons whose conversations were overheard, and (d) the
25    approximate nature, amount, and cost of the manpower and
26    other resources used pursuant to the authorization to use

 

 

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1    an eavesdropping device;
2        (2) the number of arrests resulting from authorized
3    uses of eavesdropping devices and the offenses for which
4    arrests were made;
5        (3) the number of trials resulting from such uses of
6    eavesdropping devices;
7        (4) the number of motions to suppress made with respect
8    to such uses, and the number granted or denied; and
9        (5) the number of convictions resulting from such uses
10    and the offenses for which the convictions were obtained
11    and a general assessment of the importance of the
12    convictions.
13    On or before March 1 of each year, the Director of the
14Department of State Police shall submit to the Governor a
15report of all intercepts as defined herein conducted pursuant
16to this Article and terminated during the preceding calendar
17year. Such report shall include:
18        (1) the reports of State's Attorneys forwarded to the
19    Director as required in this Section;
20        (2) the number of Department personnel authorized to
21    possess, install, or operate electronic, mechanical, or
22    other devices;
23        (3) the number of Department and other law enforcement
24    personnel who participated or engaged in the seizure of
25    intercepts pursuant to this Article during the preceding
26    calendar year;

 

 

10000HB0129ham001- 254 -LRB100 03797 RJF 43335 a

1        (4) the number of electronic criminal surveillance
2    officers trained by the Department;
3        (5) the total cost to the Department of all activities
4    and procedures relating to the seizure of intercepts during
5    the preceding calendar year, including costs of equipment,
6    manpower, and expenses incurred as compensation for use of
7    facilities or technical assistance provided to or by the
8    Department; and
9        (6) a summary of the use of eavesdropping devices
10    pursuant to orders of interception including (a) the
11    frequency of use in each county, (b) the frequency of use
12    for each crime enumerated in Section 108B-3 of the Code of
13    Criminal Procedure of 1963, as amended, (c) the type and
14    frequency of eavesdropping device use, and (d) the
15    frequency of use by each police department or law
16    enforcement agency of this State.
17    (d) In April of each year, the Director of the Department
18of State Police and the Governor shall each transmit to the
19General Assembly reports including information on the number of
20applications for orders authorizing the use of eavesdropping
21devices, the number of orders and extensions granted or denied
22during the preceding calendar year, the convictions arising out
23of such uses, and a summary of the information required by
24subsections (a) and (b) of this Section.
25    The requirement for reporting to the General Assembly shall
26be satisfied by filing copies of the report with the Speaker,

 

 

10000HB0129ham001- 255 -LRB100 03797 RJF 43335 a

1the Minority Leader and the Clerk of the House of
2Representatives and the President, the Minority Leader and the
3Secretary of the Senate and the Legislative Research Unit, as
4required by Section 3.1 of the General Assembly Organization
5Act, and filing such additional copies with the State
6Government Report Distribution Center for the General Assembly
7as is required under paragraph (t) of Section 7 of the State
8Library Act.
9(Source: P.A. 85-1203; 86-1226; 86-1475.)
 
10    Section 290. The State Appellate Defender Act is amended by
11changing Section 10 as follows:
 
12    (725 ILCS 105/10)  (from Ch. 38, par. 208-10)
13    Sec. 10. Powers and duties of State Appellate Defender.
14    (a) The State Appellate Defender shall represent indigent
15persons on appeal in criminal and delinquent minor proceedings,
16when appointed to do so by a court under a Supreme Court Rule
17or law of this State.
18    (b) The State Appellate Defender shall submit a budget for
19the approval of the State Appellate Defender Commission.
20    (c) The State Appellate Defender may:
21        (1) maintain a panel of private attorneys available to
22    serve as counsel on a case basis;
23        (2) establish programs, alone or in conjunction with
24    law schools, for the purpose of utilizing volunteer law

 

 

10000HB0129ham001- 256 -LRB100 03797 RJF 43335 a

1    students as legal assistants;
2        (3) cooperate and consult with state agencies,
3    professional associations, and other groups concerning the
4    causes of criminal conduct, the rehabilitation and
5    correction of persons charged with and convicted of crime,
6    the administration of criminal justice, and, in counties of
7    less than 1,000,000 population, study, design, develop and
8    implement model systems for the delivery of trial level
9    defender services, and make an annual report to the General
10    Assembly;
11        (4) hire investigators to provide investigative
12    services to appointed counsel and county public defenders;
13        (5) (blank);
14        (5.5) provide training to county public defenders;
15        (5.7) provide county public defenders with the
16    assistance of expert witnesses and investigators from
17    funds appropriated to the State Appellate Defender
18    specifically for that purpose by the General Assembly. The
19    Office of the State Appellate Defender shall not be
20    appointed to act as trial counsel;
21        (6) develop a Juvenile Defender Resource Center to: (i)
22    study, design, develop, and implement model systems for the
23    delivery of trial level defender services for juveniles in
24    the justice system; (ii) in cases in which a sentence of
25    incarceration or an adult sentence, or both, is an
26    authorized disposition, provide trial counsel with legal

 

 

10000HB0129ham001- 257 -LRB100 03797 RJF 43335 a

1    advice and the assistance of expert witnesses and
2    investigators from funds appropriated to the Office of the
3    State Appellate Defender by the General Assembly
4    specifically for that purpose; (iii) develop and provide
5    training to public defenders on juvenile justice issues,
6    utilizing resources including the State and local bar
7    associations, the Illinois Public Defender Association,
8    law schools, the Midwest Juvenile Defender Center, and pro
9    bono efforts by law firms; and (iv) make an annual report
10    to the General Assembly.
11    (d) (Blank).
12    (e) The requirement for reporting to the General Assembly
13shall be satisfied by filing copies of the report with the
14Speaker, the Minority Leader and the Clerk of the House of
15Representatives and the President, the Minority Leader and the
16Secretary of the Senate and the Legislative Research Unit, as
17required by Section 3.1 of the General Assembly Organization
18Act and filing such additional copies with the State Government
19Report Distribution Center for the General Assembly as is
20required under paragraph (t) of Section 7 of the State Library
21Act.
22(Source: P.A. 99-78, eff. 7-20-15.)
 
23    Section 295. The State's Attorneys Appellate Prosecutor's
24Act is amended by changing Section 4.06 as follows:
 

 

 

10000HB0129ham001- 258 -LRB100 03797 RJF 43335 a

1    (725 ILCS 210/4.06)  (from Ch. 14, par. 204.06)
2    Sec. 4.06. The board shall submit an annual report to the
3General Assembly and Governor regarding the operation of the
4Office of the State's Attorneys Appellate Prosecutor.
5    The requirement for reporting to the General Assembly shall
6be satisfied by filing copies of the report with the Speaker,
7the Minority Leader and the Clerk of the House of
8Representatives and the President, the Minority Leader and the
9Secretary of the Senate and the Legislative Research Unit, as
10required by Section 3.1 of the General Assembly Organization
11Act "An Act to revise the law in relation to the General
12Assembly", approved February 25, 1874, as amended, and filing
13such additional copies with the State Government Report
14Distribution Center for the General Assembly as is required
15under paragraph (t) of Section 7 of the State Library Act.
16(Source: P.A. 84-1438.)
 
17    Section 300. The Commission on Young Adult Employment Act
18is amended by changing Section 20 as follows:
 
19    (820 ILCS 85/20)
20    (Section scheduled to be repealed on January 1, 2019)
21    Sec. 20. Findings and recommendations. The Commission
22shall meet and begin its work no later than 60 days after the
23appointment of all Commission members. By November 30, 2015,
24and by November 30 of every year thereafter, the Commission

 

 

10000HB0129ham001- 259 -LRB100 03797 RJF 43335 a

1shall submit a report to the General Assembly setting forth its
2findings and recommendations. The requirement for reporting to
3the General Assembly shall be satisfied by filing copies of the
4report with the Speaker, Minority Leader, and Clerk of the
5House of Representatives, the President, Minority Leader, and
6Secretary of the Senate, and the Legislative Research Unit as
7required under Section 3.1 of the General Assembly Organization
8Act.
9(Source: P.A. 99-338, eff. 8-11-15.)
 
10    Section 305. The Public Safety Employee Benefits Act is
11amended by changing Section 17 as follows:
 
12    (820 ILCS 320/17)
13    Sec. 17. Reporting forms.
14    (a) A person who qualified for benefits under subsections
15(a) and (b) of Section 10 of this Act (hereinafter referred to
16as "PSEBA recipient") shall be required to file a form with his
17or her employer as prescribed in this Section. The Commission
18on Government Forecasting and Accountability (COGFA) shall use
19the form created in this Act and prescribe the content of the
20report in cooperation with one statewide labor organization
21representing police, one statewide law enforcement
22organization, one statewide labor organization representing
23firefighters employed by at least 100 municipalities in this
24State that is affiliated with the Illinois State Federation of

 

 

10000HB0129ham001- 260 -LRB100 03797 RJF 43335 a

1Labor, one statewide labor organization representing
2correctional officers and parole agents that is affiliated with
3the Illinois State Federation of Labor, one statewide
4organization representing municipalities, and one regional
5organization representing municipalities. COGFA may accept
6comment from any source, but shall not be required to solicit
7public comment. Within 60 days after the effective date of this
8amendatory Act of the 98th General Assembly, COGFA shall remit
9a copy of the form contained in this subsection to all
10employers subject to this Act and shall make a copy available
11on its website.
 
12        "PSEBA RECIPIENT REPORTING FORM:
13        Under Section 17 of the Public Safety Employee Benefits
14    Act (820 ILCS 320/17), the Commission on Government
15    Forecasting and Accountability (COGFA) is charged with
16    creating and submitting a report to the Governor and the
17    General Assembly setting forth information regarding
18    recipients and benefits payable under the Public Safety
19    Employee Benefits Act (Act). The Act requires employers
20    providing PSEBA benefits to distribute this form to any
21    former peace officer, firefighter, or correctional officer
22    currently in receipt of PSEBA benefits.
23        The responses to the questions below will be used by
24    COGFA to compile information regarding the PSEBA benefit
25    for its report. The Act prohibits the release of any

 

 

10000HB0129ham001- 261 -LRB100 03797 RJF 43335 a

1    personal information concerning the PSEBA recipient and
2    exempts the reported information from the requirements of
3    the Freedom of Information Act (FOIA).
4        The Act requires the PSEBA recipient to complete this
5    form and submit it to the employer providing PSEBA benefits
6    within 60 days of receipt. If the PSEBA recipient fails to
7    submit this form within 60 days of receipt, the employer is
8    required to notify the PSEBA recipient of non-compliance
9    and provide an additional 30 days to submit the required
10    form. Failure to submit the form in a timely manner will
11    result in the PSEBA recipient incurring responsibility for
12    reimbursing the employer for premiums paid during the
13    period the form is due and not filed.
14            (1) PSEBA recipient's name:
15            (2) PSEBA recipient's date of birth:
16            (3) Name of the employer providing PSEBA benefits:
17            (4) Date the PSEBA benefit first became payable:
18            (5) What was the medical diagnosis of the injury
19        that qualified you for the PSEBA benefit?
20            (6) Are you currently employed with compensation?
21            (7) If so, what is the name(s) of your current
22        employer(s)?
23            (8) Are you or your spouse enrolled in a health
24        insurance plan provided by your current employer or
25        another source?
26            (9) Have you or your spouse been offered or

 

 

10000HB0129ham001- 262 -LRB100 03797 RJF 43335 a

1        provided access to health insurance from your current
2        employer(s)?
3        If you answered yes to question 8 or 9, please provide
4    the name of the employer, the name of the insurance
5    provider(s), and a general description of the type(s) of
6    insurance offered (HMO, PPO, HSA, etc.):
7            (10) Are you or your spouse enrolled in a health
8        insurance plan provided by a current employer of your
9        spouse?
10            (11) Have you or your spouse been offered or
11        provided access to health insurance provided by a
12        current employer of your spouse?
13        If you answered yes to question 10 or 11, please
14    provide the name of the employer, the name of the insurance
15    provider, and a general description of the type of
16    insurance offered (HMO, PPO, HSA, etc.) by an employer of
17    your spouse:"
 
18    COGFA shall notify an employer of its obligation to notify
19any PSEBA recipient receiving benefits under this Act of that
20recipient's obligation to file a report under this Section. A
21PSEBA recipient receiving benefits under this Act must complete
22and return this form to the employer within 60 days of receipt
23of such form. Any PSEBA recipient who has been given notice as
24provided under this Section and who fails to timely file a
25report under this Section within 60 days after receipt of this

 

 

10000HB0129ham001- 263 -LRB100 03797 RJF 43335 a

1form shall be notified by the employer that he or she has 30
2days to submit the report or risk incurring the cost of his or
3her benefits provided under this Act. An employer may seek
4reimbursement for premium payments for a PSEBA recipient who
5fails to file this report with the employer 30 days after
6receiving this notice. The PSEBA recipient is responsible for
7reimbursing the employer for premiums paid during the period
8the report is due and not filed. Employers shall return this
9form to COGFA within 30 days after receiving the form from the
10PSEBA recipient.
11    Any information collected by the employer under this
12Section shall be exempt from the requirements of the Freedom of
13Information Act except for data collected in the aggregate that
14does not reveal any personal information concerning the PSEBA
15recipient.
16    By July 1 of every even-numbered year, beginning in 2016,
17employers subject to this Act must send the form contained in
18this subsection to all PSEBA recipients eligible for benefits
19under this Act. The PSEBA recipient must complete and return
20this form by September 1 of that year. Any PSEBA recipient who
21has been given notice as provided under this Section and who
22fails to timely file a completed form under this Section within
2360 days after receipt of this form shall be notified by the
24employer that he or she has 30 days to submit the form or risk
25incurring the costs of his or her benefits provided under this
26Act. The PSEBA recipient is responsible for reimbursing the

 

 

10000HB0129ham001- 264 -LRB100 03797 RJF 43335 a

1employer for premiums paid during the period the report is due
2and not filed. The employer shall resume premium payments upon
3receipt of the completed form. Employers shall return this form
4to COGFA within 30 days after receiving the form from the PSEBA
5recipient.
6    (b) An employer subject to this Act shall complete and file
7the form contained in this subsection.
 
8        "EMPLOYER SUBJECT TO PSEBA REPORTING FORM:
9        Under Section 17 of the Public Safety Employee Benefits
10    Act (820 ILCS 320/17), the Commission on Government
11    Forecasting and Accountability (COGFA) is charged with
12    creating and submitting a report to the Governor and
13    General Assembly setting forth information regarding
14    recipients and benefits payable under the Public Safety
15    Employee Benefits Act (Act).
16        The responses to the questions below will be used by
17    COGFA to compile information regarding the PSEBA benefit
18    for its report.
19        The Act requires all employers subject to the PSEBA Act
20    to submit the following information within 120 days after
21    receipt of this form.
22            (1) Name of the employer:
23            (2) The number of PSEBA benefit applications filed
24        under the Act during the reporting period provided in
25        the aggregate and listed individually by name of

 

 

10000HB0129ham001- 265 -LRB100 03797 RJF 43335 a

1        applicant and date of application:
2            (3) The number of PSEBA benefits and names of PSEBA
3        recipients receiving benefits awarded under the Act
4        during the reporting period provided in the aggregate
5        and listed individually by name of applicant and date
6        of application:
7            (4) The cost of the health insurance premiums paid
8        due to PSEBA benefits awarded under the Act during the
9        reporting period provided in the aggregate and listed
10        individually by name of PSEBA recipient:
11            (5) The number of PSEBA benefit applications filed
12        under the Act since the inception of the Act provided
13        in the aggregate and listed individually by name of
14        applicant and date of application:
15            (6) The number of PSEBA benefits awarded under the
16        Act since the inception of the Act provided in the
17        aggregate and listed individually by name of applicant
18        and date of application:
19            (7) The cost of health insurance premiums paid due
20        to PSEBA benefits awarded under the Act since the
21        inception of the Act provided in the aggregate and
22        listed individually by name of PSEBA recipient:
23            (8) The current annual cost of health insurance
24        premiums paid for PSEBA benefits awarded under the Act
25        provided in the aggregate and listed individually by
26        name of PSEBA recipient:

 

 

10000HB0129ham001- 266 -LRB100 03797 RJF 43335 a

1            (9) The annual cost of health insurance premiums
2        paid for PSEBA benefits awarded under the Act listed by
3        year since the inception of the Act provided in annual
4        aggregate amounts and listed individually by name of
5        PSEBA recipient:
6            (10) A description of health insurance benefit
7        levels currently provided by the employer to the PSEBA
8        recipient:
9            (11) The total cost of the monthly health insurance
10        premium currently provided to the PSEBA recipient:
11            (12) The other costs of the health insurance
12        benefit currently provided to the PSEBA recipient
13        including, but not limited to:
14                (i) the co-pay requirements of the health
15            insurance policy provided to the PSEBA recipient;
16                (ii) the out-of-pocket deductibles of the
17            health insurance policy provided to the PSEBA
18            recipient;
19                (iii) any pharmaceutical benefits and co-pays
20            provided in the insurance policy; and
21                (iv) any policy limits of the health insurance
22            policy provided to the PSEBA recipient."
 
23    An employer covered under this Act shall file copies of the
24PSEBA Recipient Reporting Form and the Employer Subject to the
25PSEBA Act Reporting Form with COGFA within 120 days after

 

 

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1receipt of the Employer Subject to the PSEBA Act Reporting
2Form.
3    The first form filed with COGFA under this Section shall
4contain all information required by this Section. All forms
5filed by the employer thereafter shall set forth the required
6information for the 24-month period ending on June 30 preceding
7the deadline date for filing the report.
8    Whenever possible, communication between COGFA and
9employers as required by this Act shall be through electronic
10means.
11    (c) For the purpose of creating the report required under
12subsection (d), upon receipt of each PSEBA Benefit Recipient
13Form, or as soon as reasonably practicable, COGFA shall make a
14determination of whether the PSEBA benefit recipient or the
15PSEBA benefit recipient's spouse meets one of the following
16criteria:
17        (1) the PSEBA benefit recipient or the PSEBA benefit
18    recipient's spouse is receiving health insurance from a
19    current employer, a current employer of his or her spouse,
20    or another source;
21        (2) the PSEBA benefit recipient or the PSEBA benefit
22    recipient's spouse has been offered or provided access to
23    health insurance from a current employer or employers.
24    If one or both of the criteria are met, COGFA shall make
25the following determinations of the associated costs and
26benefit levels of health insurance provided or offered to the

 

 

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1PSEBA benefit recipient or the PSEBA benefit recipient's
2spouse:
3        (A) a description of health insurance benefit levels
4    offered to or received by the PSEBA benefit recipient or
5    the PSEBA benefit recipient's spouse from a current
6    employer or a current employer of the PSEBA benefit
7    recipient's spouse;
8        (B) the monthly premium cost of health insurance
9    benefits offered to or received by the PSEBA benefit
10    recipient or the PSEBA benefit recipient's spouse from a
11    current employer or a current employer of the PSEBA benefit
12    recipient's spouse including, but not limited to:
13            (i) the total monthly cost of the health insurance
14        premium;
15            (ii) the monthly amount of the health insurance
16        premium to be paid by the employer;
17            (iii) the monthly amount of the health insurance
18        premium to be paid by the PSEBA benefit recipient or
19        the PSEBA benefit recipient's spouse;
20            (iv) the co-pay requirements of the health
21        insurance policy;
22            (v) the out-of-pocket deductibles of the health
23        insurance policy;
24            (vi) any pharmaceutical benefits and co-pays
25        provided in the insurance policy;
26            (vii) any policy limits of the health insurance

 

 

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1        policy.
2    COGFA shall summarize the related costs and benefit levels
3of health insurance provided or available to the PSEBA benefit
4recipient or the PSEBA benefit recipient's spouse and contrast
5the results to the cost and benefit levels of health insurance
6currently provided by the employer subject to this Act. This
7information shall be included in the report required in
8subsection (d).
9    (d) By June 1, 2014, and by January 1 of every odd-numbered
10year thereafter beginning in 2017, COGFA shall submit a report
11to the Governor and the General Assembly setting forth the
12information received under subsections (a) and (b). The report
13shall aggregate data in such a way as to not reveal the
14identity of any single beneficiary. The requirement for
15reporting to the General Assembly shall be satisfied by filing
16copies of the report with the Speaker, Minority Leader, and
17Clerk of the House of Representatives, the President, Minority
18Leader, and Secretary of the Senate, the Legislative Research
19Unit as required under Section 3.1 of the General Assembly
20Organization Act, and the State Government Report Distribution
21Center for the General Assembly as required under paragraph (t)
22of Section 7 of the State Library Act. COGFA shall make this
23report available electronically on a publicly accessible
24website.
25(Source: P.A. 98-561, eff. 8-27-13; 99-239, eff. 8-3-15.)
 

 

 

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1    Section 995. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
 
8    Section 999. Effective date. This Act takes effect upon
9becoming law.".