Rep. Christian L. Mitchell

Filed: 1/7/2019

 

 


 

 


 
10000SB3531ham003LRB100 18248 JWD 43867 a

1
AMENDMENT TO SENATE BILL 3531

2    AMENDMENT NO. ______. Amend Senate Bill 3531 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Civil Administrative Code of Illinois is
5amended by changing Sections 5-15, 5-20, 5-300, 5-310, 5-315,
65-320, 5-325, 5-330, 5-335, 5-340, 5-345, 5-350, 5-355, 5-360,
75-362, 5-365, 5-375, 5-395, 5-400, 5-405, 5-410, 5-415, and
85-420 as follows:
 
9    (20 ILCS 5/5-15)  (was 20 ILCS 5/3)
10    Sec. 5-15. Departments of State government. The
11Departments of State government are created as follows:
12    The Department on Aging.
13    The Department of Agriculture.
14    The Department of Central Management Services.
15    The Department of Children and Family Services.
16    The Department of Commerce and Economic Opportunity.

 

 

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1    The Department of Corrections.
2    The Department of Employment Security.
3    The Illinois Emergency Management Agency.
4    The Department of Financial and Professional Regulation.
5    The Department of Healthcare and Family Services.
6    The Department of Human Rights.
7    The Department of Human Services.
8    The Department of Innovation and Technology.
9    The Department of Insurance.
10    The Department of Juvenile Justice.
11    The Department of Labor.
12    The Department of the Lottery.
13    The Department of Natural Resources.
14    The Department of Public Health.
15    The Department of Revenue.
16    The Department of State Police.
17    The Department of Transportation.
18    The Department of Veterans' Affairs.
19(Source: P.A. 100-611, eff. 7-20-18.)
 
20    (20 ILCS 5/5-20)  (was 20 ILCS 5/4)
21    Sec. 5-20. Heads of departments. Each department shall have
22an officer as its head who shall be known as director or
23secretary and who shall, subject to the provisions of the Civil
24Administrative Code of Illinois, execute the powers and
25discharge the duties vested by law in his or her respective

 

 

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1department.
2    The following officers are hereby created:
3    Director of Aging, for the Department on Aging.
4    Director of Agriculture, for the Department of
5Agriculture.
6    Director of Central Management Services, for the
7Department of Central Management Services.
8    Director of Children and Family Services, for the
9Department of Children and Family Services.
10    Director of Commerce and Economic Opportunity, for the
11Department of Commerce and Economic Opportunity.
12    Director of Corrections, for the Department of
13Corrections.
14    Director of the Illinois Emergency Management Agency, for
15the Illinois Emergency Management Agency.
16    Director of Employment Security, for the Department of
17Employment Security.
18    Secretary of Financial and Professional Regulation, for
19the Department of Financial and Professional Regulation.
20    Director of Healthcare and Family Services, for the
21Department of Healthcare and Family Services.
22    Director of Human Rights, for the Department of Human
23Rights.
24    Secretary of Human Services, for the Department of Human
25Services.
26    Secretary of Innovation and Technology, for the Department

 

 

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1of Innovation and Technology.
2    Director of Insurance, for the Department of Insurance.
3    Director of Juvenile Justice, for the Department of
4Juvenile Justice.
5    Director of Labor, for the Department of Labor.
6    Director of the Lottery, for the Department of the Lottery.
7    Director of Natural Resources, for the Department of
8Natural Resources.
9    Director of Public Health, for the Department of Public
10Health.
11    Director of Revenue, for the Department of Revenue.
12    Director of State Police, for the Department of State
13Police.
14    Secretary of Transportation, for the Department of
15Transportation.
16    Director of Veterans' Affairs, for the Department of
17Veterans' Affairs.
18(Source: P.A. 100-611, eff. 7-20-18.)
 
19    (20 ILCS 5/5-300)  (was 20 ILCS 5/9)
20    Sec. 5-300. Officers' qualifications and salaries. The
21executive and administrative officers, whose offices are
22created by this Act, must have the qualifications prescribed by
23law and shall receive annual salaries, payable in equal monthly
24installments, as designated in the Sections following this
25Section and preceding Section 5-500. If set by the Governor,

 

 

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1those annual salaries may not exceed 85% of the Governor's
2annual salary. Notwithstanding any other provision of law, for
3terms beginning after the effective date of this amendatory Act
4of the 100th General Assembly, the annual salary of the
5director or secretary and assistant director or assistant
6secretary of each department created under Section 5-15 shall
7be an amount equal to 15% more than the annual salary of the
8respective officer in effect as of December 31, 2018. The
9calculation of the 2018 salary base for this adjustment shall
10not include any cost of living adjustments, as authorized by
11Senate Joint Resolution 192 of the 86th General Assembly, for
12the period beginning July 1, 2009 to June 30, 2019. Beginning
13July 1, 2019 and each July 1 thereafter, the directors,
14secretaries, assistant directors, and assistant secretaries
15shall receive an increase in salary based on a cost of living
16adjustment as authorized by Senate Joint Resolution 192 of the
1786th General Assembly.
18(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16,
19eff. 6-28-01.)
 
20    (20 ILCS 5/5-310)  (was 20 ILCS 5/9.21)
21    Sec. 5-310. In the Department on Aging. For terms ending
22before December 31, 2019, the The Director of Aging shall
23receive an annual salary as set by the Compensation Review
24Board.
25(Source: P.A. 96-800, eff. 10-30-09.)
 

 

 

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1    (20 ILCS 5/5-315)  (was 20 ILCS 5/9.02)
2    Sec. 5-315. In the Department of Agriculture. For terms
3ending before December 31, 2019, the The Director of
4Agriculture shall receive an annual salary as set by the
5Compensation Review Board.
6    For terms ending before December 31, 2019, the The
7Assistant Director of Agriculture shall receive an annual
8salary as set by the Compensation Review Board.
9(Source: P.A. 96-800, eff. 10-30-09.)
 
10    (20 ILCS 5/5-320)  (was 20 ILCS 5/9.19)
11    Sec. 5-320. In the Department of Central Management
12Services. For terms ending before December 31, 2019, the The
13Director of Central Management Services shall receive an annual
14salary as set by the Compensation Review Board.
15    For terms ending before December 31, 2019, each Each
16Assistant Director of Central Management Services shall
17receive an annual salary as set by the Compensation Review
18Board.
19(Source: P.A. 96-800, eff. 10-30-09.)
 
20    (20 ILCS 5/5-325)  (was 20 ILCS 5/9.16)
21    Sec. 5-325. In the Department of Children and Family
22Services. For terms ending before December 31, 2019, the The
23Director of Children and Family Services shall receive an

 

 

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1annual salary as set by the Compensation Review Board.
2(Source: P.A. 96-800, eff. 10-30-09.)
 
3    (20 ILCS 5/5-330)  (was 20 ILCS 5/9.18)
4    Sec. 5-330. In the Department of Commerce and Economic
5Opportunity. For terms ending before December 31, 2019, the The
6Director of Commerce and Economic Opportunity shall receive an
7annual salary as set by the Compensation Review Board.
8    For terms ending before December 31, 2019, the The
9Assistant Director of Commerce and Economic Opportunity shall
10receive an annual salary as set by the Compensation Review
11Board.
12(Source: P.A. 96-800, eff. 10-30-09.)
 
13    (20 ILCS 5/5-335)  (was 20 ILCS 5/9.11a)
14    Sec. 5-335. In the Department of Corrections. For terms
15ending before December 31, 2019, the The Director of
16Corrections shall receive an annual salary as set by the
17Compensation Review Board.
18    For terms ending before December 31, 2019, the The
19Assistant Director of Corrections shall receive an annual
20salary as set by the Compensation Review Board for the
21Assistant Director of Corrections-Adult Division.
22(Source: P.A. 96-800, eff. 10-30-09; 97-1083, eff. 8-24-12.)
 
23    (20 ILCS 5/5-340)  (was 20 ILCS 5/9.30)

 

 

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1    Sec. 5-340. In the Department of Employment Security. For
2terms ending before December 31, 2019, the The Director of
3Employment Security shall receive an annual salary as set by
4the Compensation Review Board.
5    Each member of the Board of Review shall receive $15,000.
6(Source: P.A. 96-800, eff. 10-30-09.)
 
7    (20 ILCS 5/5-345)  (was 20 ILCS 5/9.15)
8    Sec. 5-345. In the Department of Financial and Professional
9Regulation Institutions. For terms ending before December 31,
102019, the Secretary of Financial and Professional Regulation
11The Director of Financial Institutions shall receive an annual
12salary as set by the Compensation Review Board.
13    For terms ending before December 31, 2019, the Director of
14Financial Institutions, the Director of Professional
15Regulation, the Director of Banking, and the Director of Real
16Estate The Assistant Director of Financial Institutions shall
17receive an annual salary as set by the Compensation Review
18Board.
19(Source: P.A. 96-800, eff. 10-30-09.)
 
20    (20 ILCS 5/5-350)  (was 20 ILCS 5/9.24)
21    Sec. 5-350. In the Department of Human Rights. For terms
22ending before December 31, 2019, the The Director of Human
23Rights shall receive an annual salary as set by the
24Compensation Review Board.

 

 

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1(Source: P.A. 96-800, eff. 10-30-09.)
 
2    (20 ILCS 5/5-355)  (was 20 ILCS 5/9.05a)
3    Sec. 5-355. In the Department of Human Services. For terms
4ending before December 31, 2019, the The Secretary of Human
5Services shall receive an annual salary as set by the
6Compensation Review Board.
7    For terms ending before December 31, 2019, the The
8Assistant Secretaries of Human Services shall each receive an
9annual salary as set by the Compensation Review Board.
10(Source: P.A. 96-800, eff. 10-30-09.)
 
11    (20 ILCS 5/5-360)  (was 20 ILCS 5/9.10)
12    Sec. 5-360. In the Department of Insurance. For terms
13ending before December 31, 2019, the The Director of Insurance
14shall receive an annual salary as set by the Compensation
15Review Board.
16    For terms ending before December 31, 2019, the The
17Assistant Director of Insurance shall receive an annual salary
18as set by the Compensation Review Board.
19(Source: P.A. 96-800, eff. 10-30-09.)
 
20    (20 ILCS 5/5-362)
21    Sec. 5-362. In the Department of Juvenile Justice. For
22terms ending before December 31, 2019, the The Director of
23Juvenile Justice shall receive an annual salary as set by the

 

 

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1Compensation Review Board.
2(Source: P.A. 96-800, eff. 10-30-09.)
 
3    (20 ILCS 5/5-365)  (was 20 ILCS 5/9.03)
4    Sec. 5-365. In the Department of Labor. For terms ending
5before December 31, 2019, the The Director of Labor shall
6receive an annual salary as set by the Compensation Review
7Board.
8    For terms ending before December 31, 2019, the The
9Assistant Director of Labor shall receive an annual salary as
10set by the Compensation Review Board.
11    The Chief Safety Inspector shall receive $24,700 from the
12third Monday in January, 1979 to the third Monday in January,
131980, and $25,000 thereafter, or as set by the Compensation
14Review Board, whichever is greater.
15    The Superintendent of Occupational Safety and Health shall
16receive $27,500, or as set by the Compensation Review Board,
17whichever is greater.
18    The Superintendent of Women's and Children's Employment
19shall receive $22,000 from the third Monday in January, 1979 to
20the third Monday in January, 1980, and $22,500 thereafter, or
21as set by the Compensation Review Board, whichever is greater.
22(Source: P.A. 98-874, eff. 1-1-15.)
 
23    (20 ILCS 5/5-375)  (was 20 ILCS 5/9.09)
24    Sec. 5-375. In the Department of Natural Resources. For

 

 

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1terms ending before December 31, 2019 The Director of Natural
2Resources shall continue to receive the annual salary set by
3law for the Director of Conservation until January 20, 1997.
4Beginning on that date, the Director of Natural Resources shall
5receive an annual salary as set by the Compensation Review
6Board.
7    For terms ending before December 31, 2019 The Assistant
8Director of Natural Resources shall continue to receive the
9annual salary set by law for the Assistant Director of
10Conservation until January 20, 1997. Beginning on that date,
11the Assistant Director of Natural Resources shall receive an
12annual salary as set by the Compensation Review Board.
13(Source: P.A. 96-800, eff. 10-30-09.)
 
14    (20 ILCS 5/5-395)  (was 20 ILCS 5/9.17)
15    Sec. 5-395. In the Department of Healthcare and Family
16Services. For terms ending before December 31, 2019, the The
17Director of Healthcare and Family Services shall receive an
18annual salary as set by the Compensation Review Board.
19    For terms ending before December 31, 2019, the The
20Assistant Director of Healthcare and Family Services shall
21receive an annual salary as set by the Compensation Review
22Board.
23(Source: P.A. 95-331, eff. 8-21-07; 96-800, eff. 10-30-09.)
 
24    (20 ILCS 5/5-400)  (was 20 ILCS 5/9.07)

 

 

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1    Sec. 5-400. In the Department of Public Health. For terms
2ending before December 31, 2019, the The Director of Public
3Health shall receive an annual salary as set by the
4Compensation Review Board.
5    For terms ending before December 31, 2019, the The
6Assistant Director of Public Health shall receive an annual
7salary as set by the Compensation Review Board.
8(Source: P.A. 96-800, eff. 10-30-09.)
 
9    (20 ILCS 5/5-405)  (was 20 ILCS 5/9.12)
10    Sec. 5-405. In the Department of Revenue. For terms ending
11before December 31, 2019, the The Director of Revenue shall
12receive an annual salary as set by the Compensation Review
13Board.
14    For terms ending before December 31, 2019, the The
15Assistant Director of Revenue shall receive an annual salary as
16set by the Compensation Review Board.
17(Source: P.A. 96-800, eff. 10-30-09.)
 
18    (20 ILCS 5/5-410)  (was 20 ILCS 5/9.11)
19    Sec. 5-410. In the Department of State Police. For terms
20ending before December 31, 2019, the The Director of State
21Police shall receive an annual salary as set by the
22Compensation Review Board.
23    For terms ending before December 31, 2019, the The
24Assistant Director of State Police shall receive an annual

 

 

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1salary as set by the Compensation Review Board.
2(Source: P.A. 96-800, eff. 10-30-09.)
 
3    (20 ILCS 5/5-415)  (was 20 ILCS 5/9.05)
4    Sec. 5-415. In the Department of Transportation. For terms
5ending before December 31, 2019, the The Secretary of
6Transportation shall receive an annual salary as set by the
7Compensation Review Board.
8    For terms ending before December 31, 2019, the The
9Assistant Secretary of Transportation shall receive an annual
10salary as set by the Compensation Review Board.
11(Source: P.A. 96-800, eff. 10-30-09.)
 
12    (20 ILCS 5/5-420)  (was 20 ILCS 5/9.22)
13    Sec. 5-420. In the Department of Veterans' Affairs. For
14terms ending before December 31, 2019, the The Director of
15Veterans' Affairs shall receive an annual salary as set by the
16Compensation Review Board.
17    For terms ending before December 31, 2019, the The
18Assistant Director of Veterans' Affairs shall receive an annual
19salary as set by the Compensation Review Board.
20(Source: P.A. 96-800, eff. 10-30-09.)
 
21    (20 ILCS 5/5-385 rep.)
22    (20 ILCS 5/5-390 rep.)
23    Section 7. The Civil Administrative Code of Illinois is

 

 

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1amended by repealing Sections 5-385 and 5-390.
 
2    Section 10. The Illinois Lottery Law is amended by changing
3Section 5 as follows:
 
4    (20 ILCS 1605/5)  (from Ch. 120, par. 1155)
5    Sec. 5. (a) The Department shall be under the supervision
6and direction of a Director, who shall be a person qualified by
7training and experience to perform the duties required by this
8Act. The Director shall be appointed by the Governor, by and
9with the advice and consent of the Senate. The term of office
10of the Director shall expire on the third Monday of January in
11odd numbered years provided that he or she shall hold office
12until a successor is appointed and qualified. For terms ending
13before December 31, 2019, the The annual salary of the Director
14is $142,000. For terms beginning after the effective date of
15this amendatory Act of the 100th General Assembly, the annual
16salary of the Director shall be as provided in Section 5-300 of
17the Civil Administrative Code of Illinois.
18    Any vacancy occurring in the office of the Director shall
19be filled in the same manner as the original appointment. In
20case of a vacancy during the recess of the Senate, the Governor
21shall make a temporary appointment until the next meeting of
22the Senate, when the Governor shall nominate some person to
23fill the office, and any person so nominated who is confirmed
24by the Senate shall hold office during the remainder of the

 

 

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1term and until his or her successor is appointed and qualified.
2    During the absence or inability to act of the Director, or
3in the case of a vacancy in the office of Director until a
4successor is appointed and qualified, the Governor may
5designate some person as Acting Director of the Lottery to
6execute the powers and discharge the duties vested by law in
7that office. A person who is designated as an Acting Director
8shall not continue in office for more than 60 calendar days
9unless the Governor files a message with the Secretary of the
10Senate nominating that person to fill the office. After 60
11calendar days, the office is considered vacant and shall be
12filled only under this Section. No person who has been
13appointed by the Governor to serve as Acting Director shall,
14except at the Senate's request, be designated again as an
15Acting Director at the same session of that Senate, subject to
16the provisions of this Section. A person appointed as an Acting
17Director is not required to meet the requirements of paragraph
18(1) of subsection (b) of this Section. In no case may the
19Governor designate a person to serve as Acting Director if that
20person has prior to the effective date of this amendatory Act
21of the 97th General Assembly exercised any of the duties and
22functions of the office of Director without having been
23nominated by the Governor to serve as Director.
24    (b) The Director shall devote his or her entire time and
25attention to the duties of the office and shall not be engaged
26in any other profession or occupation.

 

 

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1    The Director shall:
2        (1) be qualified by training and experience to direct a
3    lottery, including, at a minimum, 5 years of senior
4    executive-level experience in the successful advertising,
5    marketing, and selling of consumer products, 4 years of
6    successful experience directing a lottery on behalf of a
7    governmental entity, or 5 years of successful senior-level
8    management experience at a lottery on behalf of a
9    governmental entity;
10        (2) have significant and meaningful management and
11    regulatory experience; and
12        (3) have a good reputation, particularly as a person of
13    honesty, independence, and integrity.
14    The Director shall not during his or her term of
15appointment: become a candidate for any elective office; hold
16any other elected or appointed public office; be actively
17involved in the affairs of any political party or political
18organization; advocate for the appointment of another person to
19an appointed or elected office or position; or actively
20participate in any campaign for any elective office. The
21Director may be appointed to serve on a governmental advisory
22or board study commission or as otherwise expressly authorized
23by law.
24    (c) No person shall perform the duties and functions of the
25Director, or otherwise exercise the authority of the Director,
26unless the same shall have been appointed by the Governor

 

 

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1pursuant to this Section.
2(Source: P.A. 97-464, eff. 8-19-11; 98-499, eff. 8-16-13.)
 
3    Section 15. The Military Code of Illinois is amended by
4changing Section 17 as follows:
 
5    (20 ILCS 1805/17)  (from Ch. 129, par. 220.17)
6    Sec. 17. The Adjutant General and the Assistant Adjutants
7General shall give their entire time to their military duties.
8For terms ending before December 31, 2019, the The Adjutant
9General shall receive an annual salary as set by the
10Compensation Review Board, and each Assistant Adjutant General
11shall receive an annual salary as set by the Compensation
12Review Board. For terms beginning after the effective date of
13this amendatory Act of the 100th General Assembly, the annual
14salaries for the Adjutant General and the Assistant Adjutants
15General shall be an amount equal to 15% more than the
16respective officer's annual salary as of December 31, 2018. The
17calculation of the 2018 salary base for this adjustment shall
18not include any cost of living adjustments, as authorized by
19Senate Joint Resolution 192 of the 86th General Assembly, for
20the period beginning July 1, 2009 to June 30, 2019. Beginning
21July 1, 2019 and each July 1 thereafter, the Adjutant General
22and the Assistant Adjutants General shall receive an increase
23in salary based on a cost of living adjustment as authorized by
24Senate Joint Resolution 192 of the 86th General Assembly.

 

 

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1(Source: P.A. 96-800, eff. 10-30-09.)
 
2    Section 20. The State Fire Marshal Act is amended by
3changing Section 1 as follows:
 
4    (20 ILCS 2905/1)  (from Ch. 127 1/2, par. 1)
5    Sec. 1. There is hereby created the Office of the State
6Fire Marshal, hereinafter referred to as the Office.
7    The Office shall be under an executive director who shall
8be appointed by the Governor with the advice and consent of the
9Senate.
10    The executive director of the Office shall be known as the
11State Fire Marshal. For terms ending before December 31, 2019,
12the State Fire Marshal and shall receive an annual salary as
13set by the Compensation Review Board. For terms beginning after
14the effective date of this amendatory Act of the 100th General
15Assembly, the State Fire Marshal's annual salary shall be an
16amount equal to 15% more than the State Fire Marshal's annual
17salary as of December 31, 2018. The calculation of the 2018
18salary base for this adjustment shall not include any cost of
19living adjustments, as authorized by Senate Joint Resolution
20192 of the 86th General Assembly, for the period beginning July
211, 2009 to June 30, 2019. Beginning July 1, 2019 and each July
221 thereafter, the State Fire Marshal shall receive an increase
23in salary based on a cost of living adjustment as authorized by
24Senate Joint Resolution 192 of the 86th General Assembly.

 

 

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1    The Office of the State Fire Marshal shall have a division
2that shall assume the duties of the Division of Fire
3Prevention, Department of Law Enforcement, and a division that
4shall assume the duties of Illinois Fire Protection Personnel
5Standards and Education Commission. Each division shall be
6headed by a division manager who shall be employed by the Fire
7Marshal, subject to the Personnel Code, and shall be
8responsible to the Fire Marshal.
9(Source: P.A. 96-800, eff. 10-30-09.)
 
10    Section 25. The Illinois Emergency Management Agency Act is
11amended by changing Section 5 as follows:
 
12    (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
13    Sec. 5. Illinois Emergency Management Agency.
14    (a) There is created within the executive branch of the
15State Government an Illinois Emergency Management Agency and a
16Director of the Illinois Emergency Management Agency, herein
17called the "Director" who shall be the head thereof. The
18Director shall be appointed by the Governor, with the advice
19and consent of the Senate, and shall serve for a term of 2
20years beginning on the third Monday in January of the
21odd-numbered year, and until a successor is appointed and has
22qualified; except that the term of the first Director appointed
23under this Act shall expire on the third Monday in January,
241989. The Director shall not hold any other remunerative public

 

 

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1office. For terms ending before December 31, 2019, the The
2Director shall receive an annual salary as set by the
3Compensation Review Board. For terms beginning after the
4effective date of this amendatory Act of the 100th General
5Assembly, the annual salary of the Director shall be as
6provided in Section 5-300 of the Civil Administrative Code of
7Illinois.
8    (b) The Illinois Emergency Management Agency shall obtain,
9under the provisions of the Personnel Code, technical,
10clerical, stenographic and other administrative personnel, and
11may make expenditures within the appropriation therefor as may
12be necessary to carry out the purpose of this Act. The agency
13created by this Act is intended to be a successor to the agency
14created under the Illinois Emergency Services and Disaster
15Agency Act of 1975 and the personnel, equipment, records, and
16appropriations of that agency are transferred to the successor
17agency as of June 30, 1988 (the effective date of this Act).
18    (c) The Director, subject to the direction and control of
19the Governor, shall be the executive head of the Illinois
20Emergency Management Agency and the State Emergency Response
21Commission and shall be responsible under the direction of the
22Governor, for carrying out the program for emergency management
23of this State. The Director shall also maintain liaison and
24cooperate with the emergency management organizations of this
25State and other states and of the federal government.
26    (d) The Illinois Emergency Management Agency shall take an

 

 

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1integral part in the development and revision of political
2subdivision emergency operations plans prepared under
3paragraph (f) of Section 10. To this end it shall employ or
4otherwise secure the services of professional and technical
5personnel capable of providing expert assistance to the
6emergency services and disaster agencies. These personnel
7shall consult with emergency services and disaster agencies on
8a regular basis and shall make field examinations of the areas,
9circumstances, and conditions that particular political
10subdivision emergency operations plans are intended to apply.
11    (e) The Illinois Emergency Management Agency and political
12subdivisions shall be encouraged to form an emergency
13management advisory committee composed of private and public
14personnel representing the emergency management phases of
15mitigation, preparedness, response, and recovery. The Local
16Emergency Planning Committee, as created under the Illinois
17Emergency Planning and Community Right to Know Act, shall serve
18as an advisory committee to the emergency services and disaster
19agency or agencies serving within the boundaries of that Local
20Emergency Planning Committee planning district for:
21        (1) the development of emergency operations plan
22    provisions for hazardous chemical emergencies; and
23        (2) the assessment of emergency response capabilities
24    related to hazardous chemical emergencies.
25    (f) The Illinois Emergency Management Agency shall:
26        (1) Coordinate the overall emergency management

 

 

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1    program of the State.
2        (2) Cooperate with local governments, the federal
3    government and any public or private agency or entity in
4    achieving any purpose of this Act and in implementing
5    emergency management programs for mitigation,
6    preparedness, response, and recovery.
7        (2.5) Develop a comprehensive emergency preparedness
8    and response plan for any nuclear accident in accordance
9    with Section 65 of the Department of Nuclear Safety Law of
10    2004 (20 ILCS 3310) and in development of the Illinois
11    Nuclear Safety Preparedness program in accordance with
12    Section 8 of the Illinois Nuclear Safety Preparedness Act.
13        (2.6) Coordinate with the Department of Public Health
14    with respect to planning for and responding to public
15    health emergencies.
16        (3) Prepare, for issuance by the Governor, executive
17    orders, proclamations, and regulations as necessary or
18    appropriate in coping with disasters.
19        (4) Promulgate rules and requirements for political
20    subdivision emergency operations plans that are not
21    inconsistent with and are at least as stringent as
22    applicable federal laws and regulations.
23        (5) Review and approve, in accordance with Illinois
24    Emergency Management Agency rules, emergency operations
25    plans for those political subdivisions required to have an
26    emergency services and disaster agency pursuant to this

 

 

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1    Act.
2        (5.5) Promulgate rules and requirements for the
3    political subdivision emergency management exercises,
4    including, but not limited to, exercises of the emergency
5    operations plans.
6        (5.10) Review, evaluate, and approve, in accordance
7    with Illinois Emergency Management Agency rules, political
8    subdivision emergency management exercises for those
9    political subdivisions required to have an emergency
10    services and disaster agency pursuant to this Act.
11        (6) Determine requirements of the State and its
12    political subdivisions for food, clothing, and other
13    necessities in event of a disaster.
14        (7) Establish a register of persons with types of
15    emergency management training and skills in mitigation,
16    preparedness, response, and recovery.
17        (8) Establish a register of government and private
18    response resources available for use in a disaster.
19        (9) Expand the Earthquake Awareness Program and its
20    efforts to distribute earthquake preparedness materials to
21    schools, political subdivisions, community groups, civic
22    organizations, and the media. Emphasis will be placed on
23    those areas of the State most at risk from an earthquake.
24    Maintain the list of all school districts, hospitals,
25    airports, power plants, including nuclear power plants,
26    lakes, dams, emergency response facilities of all types,

 

 

10000SB3531ham003- 24 -LRB100 18248 JWD 43867 a

1    and all other major public or private structures which are
2    at the greatest risk of damage from earthquakes under
3    circumstances where the damage would cause subsequent harm
4    to the surrounding communities and residents.
5        (10) Disseminate all information, completely and
6    without delay, on water levels for rivers and streams and
7    any other data pertaining to potential flooding supplied by
8    the Division of Water Resources within the Department of
9    Natural Resources to all political subdivisions to the
10    maximum extent possible.
11        (11) Develop agreements, if feasible, with medical
12    supply and equipment firms to supply resources as are
13    necessary to respond to an earthquake or any other disaster
14    as defined in this Act. These resources will be made
15    available upon notifying the vendor of the disaster.
16    Payment for the resources will be in accordance with
17    Section 7 of this Act. The Illinois Department of Public
18    Health shall determine which resources will be required and
19    requested.
20        (11.5) In coordination with the Department of State
21    Police, develop and implement a community outreach program
22    to promote awareness among the State's parents and children
23    of child abduction prevention and response.
24        (12) Out of funds appropriated for these purposes,
25    award capital and non-capital grants to Illinois hospitals
26    or health care facilities located outside of a city with a

 

 

10000SB3531ham003- 25 -LRB100 18248 JWD 43867 a

1    population in excess of 1,000,000 to be used for purposes
2    that include, but are not limited to, preparing to respond
3    to mass casualties and disasters, maintaining and
4    improving patient safety and quality of care, and
5    protecting the confidentiality of patient information. No
6    single grant for a capital expenditure shall exceed
7    $300,000. No single grant for a non-capital expenditure
8    shall exceed $100,000. In awarding such grants, preference
9    shall be given to hospitals that serve a significant number
10    of Medicaid recipients, but do not qualify for
11    disproportionate share hospital adjustment payments under
12    the Illinois Public Aid Code. To receive such a grant, a
13    hospital or health care facility must provide funding of at
14    least 50% of the cost of the project for which the grant is
15    being requested. In awarding such grants the Illinois
16    Emergency Management Agency shall consider the
17    recommendations of the Illinois Hospital Association.
18        (13) Do all other things necessary, incidental or
19    appropriate for the implementation of this Act.
20    (g) The Illinois Emergency Management Agency is authorized
21to make grants to various higher education institutions, public
22K-12 school districts, area vocational centers as designated by
23the State Board of Education, inter-district special education
24cooperatives, regional safe schools, and nonpublic K-12
25schools for safety and security improvements. For the purpose
26of this subsection (g), "higher education institution" means a

 

 

10000SB3531ham003- 26 -LRB100 18248 JWD 43867 a

1public university, a public community college, or an
2independent, not-for-profit or for-profit higher education
3institution located in this State. Grants made under this
4subsection (g) shall be paid out of moneys appropriated for
5that purpose from the Build Illinois Bond Fund. The Illinois
6Emergency Management Agency shall adopt rules to implement this
7subsection (g). These rules may specify: (i) the manner of
8applying for grants; (ii) project eligibility requirements;
9(iii) restrictions on the use of grant moneys; (iv) the manner
10in which the various higher education institutions must account
11for the use of grant moneys; and (v) any other provision that
12the Illinois Emergency Management Agency determines to be
13necessary or useful for the administration of this subsection
14(g).
15    (g-5) The Illinois Emergency Management Agency is
16authorized to make grants to not-for-profit organizations
17which are exempt from federal income taxation under section
18501(c)(3) of the Federal Internal Revenue Code for eligible
19security improvements that assist the organization in
20preventing, preparing for, or responding to acts of terrorism.
21The Director shall establish procedures and forms by which
22applicants may apply for a grant and procedures for
23distributing grants to recipients. The procedures shall
24require each applicant to do the following:
25        (1) identify and substantiate prior threats or attacks
26    by a terrorist organization, network, or cell against the

 

 

10000SB3531ham003- 27 -LRB100 18248 JWD 43867 a

1    not-for-profit organization;
2        (2) indicate the symbolic or strategic value of one or
3    more sites that renders the site a possible target of
4    terrorism;
5        (3) discuss potential consequences to the organization
6    if the site is damaged, destroyed, or disrupted by a
7    terrorist act;
8        (4) describe how the grant will be used to integrate
9    organizational preparedness with broader State and local
10    preparedness efforts;
11        (5) submit a vulnerability assessment conducted by
12    experienced security, law enforcement, or military
13    personnel, and a description of how the grant award will be
14    used to address the vulnerabilities identified in the
15    assessment; and
16        (6) submit any other relevant information as may be
17    required by the Director.
18    The Agency is authorized to use funds appropriated for the
19grant program described in this subsection (g-5) to administer
20the program.
21    (h) Except as provided in Section 17.5 of this Act, any
22moneys received by the Agency from donations or sponsorships
23shall be deposited in the Emergency Planning and Training Fund
24and used by the Agency, subject to appropriation, to effectuate
25planning and training activities.
26    (i) The Illinois Emergency Management Agency may by rule

 

 

10000SB3531ham003- 28 -LRB100 18248 JWD 43867 a

1assess and collect reasonable fees for attendance at
2Agency-sponsored conferences to enable the Agency to carry out
3the requirements of this Act. Any moneys received under this
4subsection shall be deposited in the Emergency Planning and
5Training Fund and used by the Agency, subject to appropriation,
6for planning and training activities.
7    (j) The Illinois Emergency Management Agency is authorized
8to make grants to other State agencies, public universities,
9units of local government, and statewide mutual aid
10organizations to enhance statewide emergency preparedness and
11response.
12(Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17;
13100-587, eff. 6-4-18; 100-863, eff. 8-14-18; revised
1410-22-18.)
 
15    Section 30. The Illinois Power Agency Act is amended by
16changing Section 1-70 as follows:
 
17    (20 ILCS 3855/1-70)
18    Sec. 1-70. Agency officials.
19    (a) The Agency shall have a Director who meets the
20qualifications specified in Section 5-222 of the Civil
21Administrative Code of Illinois (20 ILCS 5/5-222).
22    (b) Within the Illinois Power Agency, the Agency shall
23establish a Planning and Procurement Bureau and may establish a
24Resource Development Bureau. Each Bureau shall report to the

 

 

10000SB3531ham003- 29 -LRB100 18248 JWD 43867 a

1Director.
2    (c) The Chief of the Planning and Procurement Bureau shall
3be appointed by the Director, at the Director's sole
4discretion, and (i) shall have at least 5 years of direct
5experience in electricity supply planning and procurement and
6(ii) shall also hold an advanced degree in risk management,
7law, business, or a related field.
8    (d) The Chief of the Resource Development Bureau may be
9appointed by the Director and (i) shall have at least 5 years
10of direct experience in electric generating project
11development and (ii) shall also hold an advanced degree in
12economics, engineering, law, business, or a related field.
13    (e) For terms ending before December 31, 2019, the The
14Director shall receive an annual salary of $100,000 or as set
15by the Compensation Review Board, whichever is higher. For
16terms ending before December 31, 2019, the The Bureau Chiefs
17shall each receive an annual salary of $85,000 or as set by the
18Compensation Review Board, whichever is higher. For terms
19beginning after the effective date of this amendatory Act of
20the 100th General Assembly, the annual salaries for the
21Director and the Bureau Chiefs shall be an amount equal to 15%
22more than the respective position's annual salary as of
23December 31, 2018. The calculation of the 2018 salary base for
24this adjustment shall not include any cost of living
25adjustments, as authorized by Senate Joint Resolution 192 of
26the 86th General Assembly, for the period beginning July 1,

 

 

10000SB3531ham003- 30 -LRB100 18248 JWD 43867 a

12009 to June 30, 2019. Beginning July 1, 2019 and each July 1
2thereafter, the Director and the Bureau Chiefs shall receive an
3increase in salary based on a cost of living adjustment as
4authorized by Senate Joint Resolution 192 of the 86th General
5Assembly.
6    (f) The Director and Bureau Chiefs shall not, for 2 years
7prior to appointment or for 2 years after he or she leaves his
8or her position, be employed by an electric utility,
9independent power producer, power marketer, or alternative
10retail electric supplier regulated by the Commission or the
11Federal Energy Regulatory Commission.
12    (g) The Director and Bureau Chiefs are prohibited from: (i)
13owning, directly or indirectly, 5% or more of the voting
14capital stock of an electric utility, independent power
15producer, power marketer, or alternative retail electric
16supplier; (ii) being in any chain of successive ownership of 5%
17or more of the voting capital stock of any electric utility,
18independent power producer, power marketer, or alternative
19retail electric supplier; (iii) receiving any form of
20compensation, fee, payment, or other consideration from an
21electric utility, independent power producer, power marketer,
22or alternative retail electric supplier, including legal fees,
23consulting fees, bonuses, or other sums. These limitations do
24not apply to any compensation received pursuant to a defined
25benefit plan or other form of deferred compensation, provided
26that the individual has otherwise severed all ties to the

 

 

10000SB3531ham003- 31 -LRB100 18248 JWD 43867 a

1utility, power producer, power marketer, or alternative retail
2electric supplier.
3(Source: P.A. 99-536, eff. 7-8-16.)
 
4    Section 35. The Environmental Protection Act is amended by
5changing Section 4 as follows:
 
6    (415 ILCS 5/4)  (from Ch. 111 1/2, par. 1004)
7    Sec. 4. Environmental Protection Agency; establishment;
8duties.
9    (a) There is established in the Executive Branch of the
10State Government an agency to be known as the Environmental
11Protection Agency. This Agency shall be under the supervision
12and direction of a Director who shall be appointed by the
13Governor with the advice and consent of the Senate. The term of
14office of the Director shall expire on the third Monday of
15January in odd numbered years, provided that he or she shall
16hold office until a successor is appointed and has qualified.
17For terms ending before December 31, 2019, the The Director
18shall receive an annual salary as set by the Compensation
19Review Board. For terms beginning after the effective date of
20this amendatory Act of the 100th General Assembly, the
21Director's annual salary shall be an amount equal to 15% more
22than the Director's annual salary as of December 31, 2018. The
23calculation of the 2018 salary base for this adjustment shall
24not include any cost of living adjustments, as authorized by

 

 

10000SB3531ham003- 32 -LRB100 18248 JWD 43867 a

1Senate Joint Resolution 192 of the 86th General Assembly, for
2the period beginning July 1, 2009 to June 30, 2019. Beginning
3July 1, 2019 and each July 1 thereafter, the Director shall
4receive an increase in salary based on a cost of living
5adjustment as authorized by Senate Joint Resolution 192 of the
686th General Assembly. The Director, in accord with the
7Personnel Code, shall employ and direct such personnel, and
8shall provide for such laboratory and other facilities, as may
9be necessary to carry out the purposes of this Act. In
10addition, the Director may by agreement secure such services as
11he or she may deem necessary from any other department, agency,
12or unit of the State Government, and may employ and compensate
13such consultants and technical assistants as may be required.
14    (b) The Agency shall have the duty to collect and
15disseminate such information, acquire such technical data, and
16conduct such experiments as may be required to carry out the
17purposes of this Act, including ascertainment of the quantity
18and nature of discharges from any contaminant source and data
19on those sources, and to operate and arrange for the operation
20of devices for the monitoring of environmental quality.
21    (c) The Agency shall have authority to conduct a program of
22continuing surveillance and of regular or periodic inspection
23of actual or potential contaminant or noise sources, of public
24water supplies, and of refuse disposal sites.
25    (d) In accordance with constitutional limitations, the
26Agency shall have authority to enter at all reasonable times

 

 

10000SB3531ham003- 33 -LRB100 18248 JWD 43867 a

1upon any private or public property for the purpose of:
2        (1) Inspecting and investigating to ascertain possible
3    violations of this Act, any rule or regulation adopted
4    under this Act, any permit or term or condition of a
5    permit, or any Board order; or
6        (2) In accordance with the provisions of this Act,
7    taking whatever preventive or corrective action, including
8    but not limited to removal or remedial action, that is
9    necessary or appropriate whenever there is a release or a
10    substantial threat of a release of (A) a hazardous
11    substance or pesticide or (B) petroleum from an underground
12    storage tank.
13    (e) The Agency shall have the duty to investigate
14violations of this Act, any rule or regulation adopted under
15this Act, any permit or term or condition of a permit, or any
16Board order; to issue administrative citations as provided in
17Section 31.1 of this Act; and to take such summary enforcement
18action as is provided for by Section 34 of this Act.
19    (f) The Agency shall appear before the Board in any hearing
20upon a petition for variance or time-limited water quality
21standard, the denial of a permit, or the validity or effect of
22a rule or regulation of the Board, and shall have the authority
23to appear before the Board in any hearing under the Act.
24    (g) The Agency shall have the duty to administer, in accord
25with Title X of this Act, such permit and certification systems
26as may be established by this Act or by regulations adopted

 

 

10000SB3531ham003- 34 -LRB100 18248 JWD 43867 a

1thereunder. The Agency may enter into written delegation
2agreements with any department, agency, or unit of State or
3local government under which all or portions of this duty may
4be delegated for public water supply storage and transport
5systems, sewage collection and transport systems, air
6pollution control sources with uncontrolled emissions of 100
7tons per year or less and application of algicides to waters of
8the State. Such delegation agreements will require that the
9work to be performed thereunder will be in accordance with
10Agency criteria, subject to Agency review, and shall include
11such financial and program auditing by the Agency as may be
12required.
13    (h) The Agency shall have authority to require the
14submission of complete plans and specifications from any
15applicant for a permit required by this Act or by regulations
16thereunder, and to require the submission of such reports
17regarding actual or potential violations of this Act, any rule
18or regulation adopted under this Act, any permit or term or
19condition of a permit, or any Board order, as may be necessary
20for the purposes of this Act.
21    (i) The Agency shall have authority to make recommendations
22to the Board for the adoption of regulations under Title VII of
23the Act.
24    (j) The Agency shall have the duty to represent the State
25of Illinois in any and all matters pertaining to plans,
26procedures, or negotiations for interstate compacts or other

 

 

10000SB3531ham003- 35 -LRB100 18248 JWD 43867 a

1governmental arrangements relating to environmental
2protection.
3    (k) The Agency shall have the authority to accept, receive,
4and administer on behalf of the State any grants, gifts, loans,
5indirect cost reimbursements, or other funds made available to
6the State from any source for purposes of this Act or for air
7or water pollution control, public water supply, solid waste
8disposal, noise abatement, or other environmental protection
9activities, surveys, or programs. Any federal funds received by
10the Agency pursuant to this subsection shall be deposited in a
11trust fund with the State Treasurer and held and disbursed by
12him in accordance with Treasurer as Custodian of Funds Act,
13provided that such monies shall be used only for the purposes
14for which they are contributed and any balance remaining shall
15be returned to the contributor.
16    The Agency is authorized to promulgate such regulations and
17enter into such contracts as it may deem necessary for carrying
18out the provisions of this subsection.
19    (l) The Agency is hereby designated as water pollution
20agency for the state for all purposes of the Federal Water
21Pollution Control Act, as amended; as implementing agency for
22the State for all purposes of the Safe Drinking Water Act,
23Public Law 93-523, as now or hereafter amended, except Section
241425 of that Act; as air pollution agency for the state for all
25purposes of the Clean Air Act of 1970, Public Law 91-604,
26approved December 31, 1970, as amended; and as solid waste

 

 

10000SB3531ham003- 36 -LRB100 18248 JWD 43867 a

1agency for the state for all purposes of the Solid Waste
2Disposal Act, Public Law 89-272, approved October 20, 1965, and
3amended by the Resource Recovery Act of 1970, Public Law
491-512, approved October 26, 1970, as amended, and amended by
5the Resource Conservation and Recovery Act of 1976, (P.L.
694-580) approved October 21, 1976, as amended; as noise control
7agency for the state for all purposes of the Noise Control Act
8of 1972, Public Law 92-574, approved October 27, 1972, as
9amended; and as implementing agency for the State for all
10purposes of the Comprehensive Environmental Response,
11Compensation, and Liability Act of 1980 (P.L. 96-510), as
12amended; and otherwise as pollution control agency for the
13State pursuant to federal laws integrated with the foregoing
14laws, for financing purposes or otherwise. The Agency is hereby
15authorized to take all action necessary or appropriate to
16secure to the State the benefits of such federal Acts, provided
17that the Agency shall transmit to the United States without
18change any standards adopted by the Pollution Control Board
19pursuant to Section 5(c) of this Act. This subsection (l) of
20Section 4 shall not be construed to bar or prohibit the
21Environmental Protection Trust Fund Commission from accepting,
22receiving, and administering on behalf of the State any grants,
23gifts, loans or other funds for which the Commission is
24eligible pursuant to the Environmental Protection Trust Fund
25Act. The Agency is hereby designated as the State agency for
26all purposes of administering the requirements of Section 313

 

 

10000SB3531ham003- 37 -LRB100 18248 JWD 43867 a

1of the federal Emergency Planning and Community Right-to-Know
2Act of 1986.
3    Any municipality, sanitary district, or other political
4subdivision, or any Agency of the State or interstate Agency,
5which makes application for loans or grants under such federal
6Acts shall notify the Agency of such application; the Agency
7may participate in proceedings under such federal Acts.
8    (m) The Agency shall have authority, consistent with
9Section 5(c) and other provisions of this Act, and for purposes
10of Section 303(e) of the Federal Water Pollution Control Act,
11as now or hereafter amended, to engage in planning processes
12and activities and to develop plans in cooperation with units
13of local government, state agencies and officers, and other
14appropriate persons in connection with the jurisdiction or
15duties of each such unit, agency, officer or person. Public
16hearings shall be held on the planning process, at which any
17person shall be permitted to appear and be heard, pursuant to
18procedural regulations promulgated by the Agency.
19    (n) In accordance with the powers conferred upon the Agency
20by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the
21Agency shall have authority to establish and enforce minimum
22standards for the operation of laboratories relating to
23analyses and laboratory tests for air pollution, water
24pollution, noise emissions, contaminant discharges onto land
25and sanitary, chemical, and mineral quality of water
26distributed by a public water supply. The Agency may enter into

 

 

10000SB3531ham003- 38 -LRB100 18248 JWD 43867 a

1formal working agreements with other departments or agencies of
2state government under which all or portions of this authority
3may be delegated to the cooperating department or agency.
4    (o) The Agency shall have the authority to issue
5certificates of competency to persons and laboratories meeting
6the minimum standards established by the Agency in accordance
7with Section 4(n) of this Act and to promulgate and enforce
8regulations relevant to the issuance and use of such
9certificates. The Agency may enter into formal working
10agreements with other departments or agencies of state
11government under which all or portions of this authority may be
12delegated to the cooperating department or agency.
13    (p) Except as provided in Section 17.7, the Agency shall
14have the duty to analyze samples as required from each public
15water supply to determine compliance with the contaminant
16levels specified by the Pollution Control Board. The maximum
17number of samples which the Agency shall be required to analyze
18for microbiological quality shall be 6 per month, but the
19Agency may, at its option, analyze a larger number each month
20for any supply. Results of sample analyses for additional
21required bacteriological testing, turbidity, residual chlorine
22and radionuclides are to be provided to the Agency in
23accordance with Section 19. Owners of water supplies may enter
24into agreements with the Agency to provide for reduced Agency
25participation in sample analyses.
26    (q) The Agency shall have the authority to provide notice

 

 

10000SB3531ham003- 39 -LRB100 18248 JWD 43867 a

1to any person who may be liable pursuant to Section 22.2(f) of
2this Act for a release or a substantial threat of a release of
3a hazardous substance or pesticide. Such notice shall include
4the identified response action and an opportunity for such
5person to perform the response action.
6    (r) The Agency may enter into written delegation agreements
7with any unit of local government under which it may delegate
8all or portions of its inspecting, investigating and
9enforcement functions. Such delegation agreements shall
10require that work performed thereunder be in accordance with
11Agency criteria and subject to Agency review. Notwithstanding
12any other provision of law to the contrary, no unit of local
13government shall be liable for any injury resulting from the
14exercise of its authority pursuant to such a delegation
15agreement unless the injury is proximately caused by the
16willful and wanton negligence of an agent or employee of the
17unit of local government, and any policy of insurance coverage
18issued to a unit of local government may provide for the denial
19of liability and the nonpayment of claims based upon injuries
20for which the unit of local government is not liable pursuant
21to this subsection (r).
22    (s) The Agency shall have authority to take whatever
23preventive or corrective action is necessary or appropriate,
24including but not limited to expenditure of monies appropriated
25from the Build Illinois Bond Fund and the Build Illinois
26Purposes Fund for removal or remedial action, whenever any

 

 

10000SB3531ham003- 40 -LRB100 18248 JWD 43867 a

1hazardous substance or pesticide is released or there is a
2substantial threat of such a release into the environment. The
3State, the Director, and any State employee shall be
4indemnified for any damages or injury arising out of or
5resulting from any action taken under this subsection. The
6Director of the Agency is authorized to enter into such
7contracts and agreements as are necessary to carry out the
8Agency's duties under this subsection.
9    (t) The Agency shall have authority to distribute grants,
10subject to appropriation by the General Assembly, to units of
11local government for financing and construction of wastewater
12facilities in both incorporated and unincorporated areas. With
13respect to all monies appropriated from the Build Illinois Bond
14Fund and the Build Illinois Purposes Fund for wastewater
15facility grants, the Agency shall make distributions in
16conformity with the rules and regulations established pursuant
17to the Anti-Pollution Bond Act, as now or hereafter amended.
18    (u) Pursuant to the Illinois Administrative Procedure Act,
19the Agency shall have the authority to adopt such rules as are
20necessary or appropriate for the Agency to implement Section
2131.1 of this Act.
22    (v) (Blank.)
23    (w) Neither the State, nor the Director, nor the Board, nor
24any State employee shall be liable for any damages or injury
25arising out of or resulting from any action taken under
26subsection (s).

 

 

10000SB3531ham003- 41 -LRB100 18248 JWD 43867 a

1    (x)(1) The Agency shall have authority to distribute
2grants, subject to appropriation by the General Assembly, to
3units of local government for financing and construction of
4public water supply facilities. With respect to all monies
5appropriated from the Build Illinois Bond Fund or the Build
6Illinois Purposes Fund for public water supply grants, such
7grants shall be made in accordance with rules promulgated by
8the Agency. Such rules shall include a requirement for a local
9match of 30% of the total project cost for projects funded
10through such grants.
11    (2) The Agency shall not terminate a grant to a unit of
12local government for the financing and construction of public
13water supply facilities unless and until the Agency adopts
14rules that set forth precise and complete standards, pursuant
15to Section 5-20 of the Illinois Administrative Procedure Act,
16for the termination of such grants. The Agency shall not make
17determinations on whether specific grant conditions are
18necessary to ensure the integrity of a project or on whether
19subagreements shall be awarded, with respect to grants for the
20financing and construction of public water supply facilities,
21unless and until the Agency adopts rules that set forth precise
22and complete standards, pursuant to Section 5-20 of the
23Illinois Administrative Procedure Act, for making such
24determinations. The Agency shall not issue a stop-work order in
25relation to such grants unless and until the Agency adopts
26precise and complete standards, pursuant to Section 5-20 of the

 

 

10000SB3531ham003- 42 -LRB100 18248 JWD 43867 a

1Illinois Administrative Procedure Act, for determining whether
2to issue a stop-work order.
3    (y) The Agency shall have authority to release any person
4from further responsibility for preventive or corrective
5action under this Act following successful completion of
6preventive or corrective action undertaken by such person upon
7written request by the person.
8    (z) To the extent permitted by any applicable federal law
9or regulation, for all work performed for State construction
10projects which are funded in whole or in part by a capital
11infrastructure bill enacted by the 96th General Assembly by
12sums appropriated to the Environmental Protection Agency, at
13least 50% of the total labor hours must be performed by actual
14residents of the State of Illinois. For purposes of this
15subsection, "actual residents of the State of Illinois" means
16persons domiciled in the State of Illinois. The Department of
17Labor shall promulgate rules providing for the enforcement of
18this subsection.
19    (aa) The Agency may adopt rules requiring the electronic
20submission of any information required to be submitted to the
21Agency pursuant to any State or federal law or regulation or
22any court or Board order. Any rules adopted under this
23subsection (aa) must include, but are not limited to,
24identification of the information to be submitted
25electronically.
26(Source: P.A. 98-72, eff. 7-15-13; 99-937, eff. 2-24-17.)
 

 

 

10000SB3531ham003- 43 -LRB100 18248 JWD 43867 a

1    Section 99. Effective date. This Act takes effect upon
2becoming law.".