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Rep. Barbara Flynn Currie
Filed: 11/12/2018
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1 | | AMENDMENT TO HOUSE BILL 129
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2 | | AMENDMENT NO. ______. Amend House Bill 129 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Illinois Administrative Procedure Act is |
5 | | amended by changing Section 5-140 as follows:
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6 | | (5 ILCS 100/5-140) (from Ch. 127, par. 1005-140)
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7 | | Sec. 5-140. Reports to the General Assembly. The Joint |
8 | | Committee shall
report its findings, conclusions, and |
9 | | recommendations, including suggested
legislation, to the |
10 | | General Assembly by February 1 of each year.
|
11 | | The requirement for reporting to the General Assembly shall |
12 | | be satisfied
by filing copies of the report with the Speaker, |
13 | | the Minority Leader, and
the Clerk of the House of |
14 | | Representatives, the President, the Minority
Leader, and the |
15 | | Secretary of the Senate, and the Legislative Research
Unit, as |
16 | | required by Section 3.1 of the General Assembly Organization
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1 | | Act, and filing additional copies with the State Government |
2 | | Report
Distribution Center for the General Assembly as required |
3 | | under paragraph
(t) of Section 7 of the State Library Act.
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4 | | (Source: P.A. 87-823.)
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5 | | Section 10. The Election Code is amended by changing |
6 | | Section 1A-8 as follows:
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7 | | (10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
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8 | | Sec. 1A-8. The State Board of Elections shall exercise the |
9 | | following
powers and perform the following duties in addition |
10 | | to any powers or duties
otherwise provided for by law:
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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;
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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;
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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
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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.
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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
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25 | | of elections and registrations;
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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;
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6 | | (6) Require such statistical reports regarding the |
7 | | conduct of elections
and registration from election |
8 | | authorities as may be deemed necessary;
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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;
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13 | | (8) Recommend to the General Assembly legislation to |
14 | | improve the
administration of elections and registration;
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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;
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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;
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6 | | (12) Supervise the administration of the registration |
7 | | and election laws
throughout the State;
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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),
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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
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15 | | organizations and the general public in a timely and |
16 | | efficient manner;
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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
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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;
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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
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14 | | functions under this Article, except that final determinations |
15 | | and orders
under this Article shall be issued only by the |
16 | | Board.
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17 | | The requirement for reporting to the General Assembly shall |
18 | | be satisfied
by filing copies of the report with the Speaker, |
19 | | the Minority Leader, and
the Clerk of the House of |
20 | | Representatives, the President, the Minority
Leader, and the |
21 | | Secretary of the Senate, and the Legislative Research
Unit, as |
22 | | required by Section 3.1 of the General Assembly Organization |
23 | | Act, and
filing such additional copies with the State |
24 | | Government Report Distribution
Center for the General Assembly |
25 | | as is required under paragraph (t) of
Section 7 of the State |
26 | | Library Act.
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1 | | (Source: P.A. 100-623, eff. 7-20-18; 100-863, eff. 8-14-18.)
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2 | | Section 15. The Executive Reorganization Implementation |
3 | | Act is amended by changing Section 11 as follows:
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4 | | (15 ILCS 15/11) (from Ch. 127, par. 1811)
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5 | | Sec. 11.
Every agency created or assigned new functions |
6 | | pursuant to a
reorganization shall report to the General |
7 | | Assembly not later than 6 months
after the reorganization takes |
8 | | effect and annually thereafter for 3 years.
This report shall |
9 | | include data on the economies effected by the reorganization
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10 | | and an analysis of the effect of the reorganization on State |
11 | | government.
The report shall also include the agency's |
12 | | recommendations for further legislation
relating to |
13 | | reorganization.
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14 | | The requirement for reporting to the General Assembly shall |
15 | | be satisfied
by filing copies of the report with the Speaker, |
16 | | the Minority Leader and
the Clerk of the House of |
17 | | Representatives and the President, the Minority
Leader and the |
18 | | Secretary of the Senate and the Legislative Research
Unit, as |
19 | | required
by Section 3.1 of the General Assembly Organization |
20 | | Act "An Act to revise the law in relation to the General |
21 | | Assembly",
approved February
25, 1874, as amended , and filing |
22 | | such additional copies with the State Government
Report |
23 | | Distribution Center for the General Assembly as is required |
24 | | under
paragraph (t) of Section 7 of the State Library Act.
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1 | | (Source: P.A. 84-1438.)
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2 | | Section 20. The Illinois Act on the Aging is amended by |
3 | | changing Sections 4.02 and 7.09 as follows:
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4 | | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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5 | | Sec. 4.02. Community Care Program. The Department shall |
6 | | establish a program of services to
prevent unnecessary |
7 | | institutionalization of persons age 60 and older in
need of |
8 | | long term care or who are established as persons who suffer |
9 | | from
Alzheimer's disease or a related disorder under the |
10 | | Alzheimer's Disease
Assistance Act, thereby enabling them
to |
11 | | remain in their own homes or in other living arrangements. Such
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12 | | preventive services, which may be coordinated with other |
13 | | programs for the
aged and monitored by area agencies on aging |
14 | | in cooperation with the
Department, may include, but are not |
15 | | limited to, any or all of the following:
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16 | | (a) (blank);
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17 | | (b) (blank);
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18 | | (c) home care aide services;
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19 | | (d) personal assistant services;
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20 | | (e) adult day services;
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21 | | (f) home-delivered meals;
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22 | | (g) education in self-care;
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23 | | (h) personal care services;
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24 | | (i) adult day health services;
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1 | | (j) habilitation services;
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2 | | (k) respite care;
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3 | | (k-5) community reintegration services;
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4 | | (k-6) flexible senior services; |
5 | | (k-7) medication management; |
6 | | (k-8) emergency home response;
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7 | | (l) other nonmedical social services that may enable |
8 | | the person
to become self-supporting; or
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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.
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12 | | The Department shall establish eligibility standards for |
13 | | such
services. In determining the amount and nature of services
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14 | | for which a person may qualify, consideration shall not be |
15 | | given to the
value of cash, property or other assets held in |
16 | | the name of the person's
spouse pursuant to a written agreement |
17 | | dividing marital property into equal
but separate shares or |
18 | | pursuant to a transfer of the person's interest in a
home to |
19 | | his spouse, provided that the spouse's share of the marital
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20 | | property is not made available to the person seeking such |
21 | | services.
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22 | | Beginning January 1, 2008, the Department shall require as |
23 | | a condition of eligibility that all new financially eligible |
24 | | applicants apply for and enroll in medical assistance under |
25 | | Article V of the Illinois Public Aid Code in accordance with |
26 | | rules promulgated by the Department.
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1 | | The Department shall, in conjunction with the Department of |
2 | | Public Aid (now Department of Healthcare and Family Services),
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3 | | seek appropriate amendments under Sections 1915 and 1924 of the |
4 | | Social
Security Act. The purpose of the amendments shall be to |
5 | | extend eligibility
for home and community based services under |
6 | | Sections 1915 and 1924 of the
Social Security Act to persons |
7 | | who transfer to or for the benefit of a
spouse those amounts of |
8 | | income and resources allowed under Section 1924 of
the Social |
9 | | Security Act. Subject to the approval of such amendments, the
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10 | | Department shall extend the provisions of Section 5-4 of the |
11 | | Illinois
Public Aid Code to persons who, but for the provision |
12 | | of home or
community-based services, would require the level of |
13 | | care provided in an
institution, as is provided for in federal |
14 | | law. Those persons no longer
found to be eligible for receiving |
15 | | noninstitutional services due to changes
in the eligibility |
16 | | criteria shall be given 45 days notice prior to actual
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17 | | termination. Those persons receiving notice of termination may |
18 | | contact the
Department and request the determination be |
19 | | appealed at any time during the
45 day notice period. The |
20 | | target
population identified for the purposes of this Section |
21 | | are persons age 60
and older with an identified service need. |
22 | | Priority shall be given to those
who are at imminent risk of |
23 | | institutionalization. The services shall be
provided to |
24 | | eligible persons age 60 and older to the extent that the cost
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25 | | of the services together with the other personal maintenance
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26 | | expenses of the persons are reasonably related to the standards
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1 | | established for care in a group facility appropriate to the |
2 | | person's
condition. These non-institutional services, pilot |
3 | | projects or
experimental facilities may be provided as part of |
4 | | or in addition to
those authorized by federal law or those |
5 | | funded and administered by the
Department of Human Services. |
6 | | The Departments of Human Services, Healthcare and Family |
7 | | Services,
Public Health, Veterans' Affairs, and Commerce and |
8 | | Economic Opportunity and
other appropriate agencies of State, |
9 | | federal and local governments shall
cooperate with the |
10 | | Department on Aging in the establishment and development
of the |
11 | | non-institutional services. The Department shall require an |
12 | | annual
audit from all personal assistant
and home care aide |
13 | | vendors contracting with
the Department under this Section. The |
14 | | annual audit shall assure that each
audited vendor's procedures |
15 | | are in compliance with Department's financial
reporting |
16 | | guidelines requiring an administrative and employee wage and |
17 | | benefits cost split as defined in administrative rules. The |
18 | | audit is a public record under
the Freedom of Information Act. |
19 | | The Department shall execute, relative to
the nursing home |
20 | | prescreening project, written inter-agency
agreements with the |
21 | | Department of Human Services and the Department
of Healthcare |
22 | | and Family Services, to effect the following: (1) intake |
23 | | procedures and common
eligibility criteria for those persons |
24 | | who are receiving non-institutional
services; and (2) the |
25 | | establishment and development of non-institutional
services in |
26 | | areas of the State where they are not currently available or |
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1 | | are
undeveloped. On and after July 1, 1996, all nursing home |
2 | | prescreenings for
individuals 60 years of age or older shall be |
3 | | conducted by the Department.
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4 | | As part of the Department on Aging's routine training of |
5 | | case managers and case manager supervisors, the Department may |
6 | | include information on family futures planning for persons who |
7 | | are age 60 or older and who are caregivers of their adult |
8 | | children with developmental disabilities. The content of the |
9 | | training shall be at the Department's discretion. |
10 | | The Department is authorized to establish a system of |
11 | | recipient copayment
for services provided under this Section, |
12 | | such copayment to be based upon
the recipient's ability to pay |
13 | | but in no case to exceed the actual cost of
the services |
14 | | provided. Additionally, any portion of a person's income which
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15 | | is equal to or less than the federal poverty standard shall not |
16 | | be
considered by the Department in determining the copayment. |
17 | | The level of
such copayment shall be adjusted whenever |
18 | | necessary to reflect any change
in the officially designated |
19 | | federal poverty standard.
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20 | | The Department, or the Department's authorized |
21 | | representative, may
recover the amount of moneys expended for |
22 | | services provided to or in
behalf of a person under this |
23 | | Section by a claim against the person's
estate or against the |
24 | | estate of the person's surviving spouse, but no
recovery may be |
25 | | had until after the death of the surviving spouse, if
any, and |
26 | | then only at such time when there is no surviving child who
is |
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1 | | under age 21 or blind or who has a permanent and total |
2 | | disability. This
paragraph, however, shall not bar recovery, at |
3 | | the death of the person, of
moneys for services provided to the |
4 | | person or in behalf of the person under
this Section to which |
5 | | the person was not entitled;
provided that such recovery shall |
6 | | not be enforced against any real estate while
it is occupied as |
7 | | a homestead by the surviving spouse or other dependent, if no
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8 | | claims by other creditors have been filed against the estate, |
9 | | or, if such
claims have been filed, they remain dormant for |
10 | | failure of prosecution or
failure of the claimant to compel |
11 | | administration of the estate for the purpose
of payment. This |
12 | | paragraph shall not bar recovery from the estate of a spouse,
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13 | | under Sections 1915 and 1924 of the Social Security Act and |
14 | | Section 5-4 of the
Illinois Public Aid Code, who precedes a |
15 | | person receiving services under this
Section in death. All |
16 | | moneys for services
paid to or in behalf of the person under |
17 | | this Section shall be claimed for
recovery from the deceased |
18 | | spouse's estate. "Homestead", as used
in this paragraph, means |
19 | | the dwelling house and
contiguous real estate occupied by a |
20 | | surviving spouse
or relative, as defined by the rules and |
21 | | regulations of the Department of Healthcare and Family |
22 | | Services, regardless of the value of the property.
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23 | | The Department shall increase the effectiveness of the |
24 | | existing 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 |
13 | | Counseling Demonstration Project as is practicable, the |
14 | | Department may, based on its evaluation of the demonstration |
15 | | project, promulgate rules concerning personal assistant |
16 | | services, to include, but need not be limited to, |
17 | | qualifications, employment screening, rights under fair labor |
18 | | standards, training, fiduciary agent, and supervision |
19 | | requirements. All applicants shall be subject to the provisions |
20 | | of the Health Care Worker Background Check Act.
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21 | | The Department shall develop procedures to enhance |
22 | | availability of
services on evenings, weekends, and on an |
23 | | emergency basis to meet the
respite needs of caregivers. |
24 | | Procedures shall be developed to permit the
utilization of |
25 | | services in successive blocks of 24 hours up to the monthly
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26 | | maximum established by the Department. Workers providing these |
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1 | | services
shall be appropriately trained.
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2 | | Beginning on the effective date of this amendatory Act of |
3 | | 1991, no person
may perform chore/housekeeping and home care |
4 | | aide services under a program
authorized by this Section unless |
5 | | that person has been issued a certificate
of pre-service to do |
6 | | so by his or her employing agency. Information
gathered to |
7 | | effect such certification shall include (i) the person's name,
|
8 | | (ii) the date the person was hired by his or her current |
9 | | employer, and
(iii) the training, including dates and levels. |
10 | | Persons engaged in the
program authorized by this Section |
11 | | before the effective date of this
amendatory Act of 1991 shall |
12 | | be issued a certificate of all pre- and
in-service training |
13 | | from his or her employer upon submitting the necessary
|
14 | | information. The employing agency shall be required to retain |
15 | | records of
all staff pre- and in-service training, and shall |
16 | | provide such records to
the Department upon request and upon |
17 | | termination of the employer's contract
with the Department. In |
18 | | addition, the employing agency is responsible for
the issuance |
19 | | of certifications of in-service training completed to their
|
20 | | employees.
|
21 | | The Department is required to develop a system to ensure |
22 | | that persons
working as home care aides and personal assistants
|
23 | | receive increases in their
wages when the federal minimum wage |
24 | | is increased by requiring vendors to
certify that they are |
25 | | meeting the federal minimum wage statute for home care aides
|
26 | | and personal assistants. An employer that cannot ensure that |
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1 | | the minimum
wage increase is being given to home care aides and |
2 | | personal assistants
shall be denied any increase in |
3 | | reimbursement costs.
|
4 | | The Community Care Program Advisory Committee is created in |
5 | | the Department on Aging. The Director shall appoint individuals |
6 | | to serve in the Committee, who shall serve at their own |
7 | | expense. Members of the Committee must abide by all applicable |
8 | | ethics laws. The Committee shall advise the Department on |
9 | | issues related to the Department's program of services to |
10 | | prevent unnecessary institutionalization. The Committee shall |
11 | | meet on a bi-monthly basis and shall serve to identify and |
12 | | advise the Department on present and potential issues affecting |
13 | | the service delivery network, the program's clients, and the |
14 | | Department and to recommend solution strategies. Persons |
15 | | appointed to the Committee shall be appointed on, but not |
16 | | limited to, their own and their agency's experience with the |
17 | | program, geographic representation, and willingness to serve. |
18 | | The Director shall appoint members to the Committee to |
19 | | represent provider, advocacy, policy research, and other |
20 | | constituencies committed to the delivery of high quality home |
21 | | and community-based services to older adults. Representatives |
22 | | shall be appointed to ensure representation from community care |
23 | | providers including, but not limited to, adult day service |
24 | | providers, homemaker providers, case coordination and case |
25 | | management units, emergency home response providers, statewide |
26 | | trade or labor unions that represent home care
aides and direct |
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1 | | care staff, area agencies on aging, adults over age 60, |
2 | | membership organizations representing older adults, and other |
3 | | organizational entities, providers of care, or individuals |
4 | | with demonstrated interest and expertise in the field of home |
5 | | and community care as determined by the Director. |
6 | | Nominations may be presented from any agency or State |
7 | | association with interest in the program. The Director, or his |
8 | | or her designee, shall serve as the permanent co-chair of the |
9 | | advisory committee. One other co-chair shall be nominated and |
10 | | approved by the members of the committee on an annual basis. |
11 | | Committee members' terms of appointment shall be for 4 years |
12 | | with one-quarter of the appointees' terms expiring each year. A |
13 | | member shall continue to serve until his or her replacement is |
14 | | named. The Department shall fill vacancies that have a |
15 | | remaining term of over one year, and this replacement shall |
16 | | occur through the annual replacement of expiring terms. The |
17 | | Director shall designate Department staff to provide technical |
18 | | assistance and staff support to the committee. Department |
19 | | representation shall not constitute membership of the |
20 | | committee. All Committee papers, issues, recommendations, |
21 | | reports, and meeting memoranda are advisory only. The Director, |
22 | | or his or her designee, shall make a written report, as |
23 | | requested by the Committee, regarding issues before the |
24 | | Committee.
|
25 | | The Department on Aging and the Department of Human |
26 | | Services
shall cooperate in the development and submission of |
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1 | | an annual report on
programs and services provided under this |
2 | | Section. Such joint report
shall be filed with the Governor and |
3 | | the General Assembly on or before
September 30 each year.
|
4 | | The requirement for reporting to the General Assembly shall |
5 | | be satisfied
by filing copies of the report with the Speaker, |
6 | | the Minority Leader and
the Clerk of the House of |
7 | | Representatives and the President, the Minority
Leader and the |
8 | | Secretary of the Senate and the Legislative Research Unit,
as |
9 | | required by Section 3.1 of the General Assembly Organization |
10 | | Act and
filing such additional copies with the State Government |
11 | | Report Distribution
Center for the General Assembly as is |
12 | | required under paragraph (t) of
Section 7 of the State Library |
13 | | Act.
|
14 | | Those persons previously found eligible for receiving |
15 | | non-institutional
services whose services were discontinued |
16 | | under the Emergency Budget Act of
Fiscal Year 1992, and who do |
17 | | not meet the eligibility standards in effect
on or after July |
18 | | 1, 1992, shall remain ineligible on and after July 1,
1992. |
19 | | Those persons previously not required to cost-share and who |
20 | | were
required to cost-share effective March 1, 1992, shall |
21 | | continue to meet
cost-share requirements on and after July 1, |
22 | | 1992. Beginning July 1, 1992,
all clients will be required to |
23 | | meet
eligibility, cost-share, and other requirements and will |
24 | | have services
discontinued or altered when they fail to meet |
25 | | these requirements. |
26 | | For the purposes of this Section, "flexible senior |
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1 | | services" refers to services that require one-time or periodic |
2 | | expenditures including, but not limited to, respite care, home |
3 | | modification, assistive technology, housing assistance, and |
4 | | transportation.
|
5 | | The Department shall implement an electronic service |
6 | | verification based on global positioning systems or other |
7 | | cost-effective technology for the Community Care Program no |
8 | | later than January 1, 2014. |
9 | | The Department shall require, as a condition of |
10 | | eligibility, enrollment in the medical assistance program |
11 | | under Article V of the Illinois Public Aid Code (i) beginning |
12 | | August 1, 2013, if the Auditor General has reported that the |
13 | | Department has failed
to comply with the reporting requirements |
14 | | of Section 2-27 of
the Illinois State Auditing Act; or (ii) |
15 | | beginning June 1, 2014, if the Auditor General has reported |
16 | | that the
Department has not undertaken the required actions |
17 | | listed in
the report required by subsection (a) of Section 2-27 |
18 | | of the
Illinois State Auditing Act. |
19 | | The Department shall delay Community Care Program services |
20 | | until an applicant is determined eligible for medical |
21 | | assistance under Article V of the Illinois Public Aid Code (i) |
22 | | beginning August 1, 2013, if the Auditor General has reported |
23 | | that the Department has failed
to comply with the reporting |
24 | | requirements of Section 2-27 of
the Illinois State Auditing |
25 | | Act; or (ii) beginning June 1, 2014, if the Auditor General has |
26 | | reported that the
Department has not undertaken the required |
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1 | | actions listed in
the report required by subsection (a) of |
2 | | Section 2-27 of the
Illinois State Auditing Act. |
3 | | The Department shall implement co-payments for the |
4 | | Community Care Program at the federally allowable maximum level |
5 | | (i) beginning August 1, 2013, if the Auditor General has |
6 | | reported that the Department has failed
to comply with the |
7 | | reporting requirements of Section 2-27 of
the Illinois State |
8 | | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor |
9 | | General has reported that the
Department has not undertaken the |
10 | | required 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 |
13 | | progress of the Community Care Program reforms set forth in |
14 | | this amendatory Act of the 98th General Assembly to the |
15 | | Governor, the Speaker of the House of Representatives, the |
16 | | Minority Leader of the House of Representatives, the
President |
17 | | of the
Senate, and the Minority Leader of the Senate. |
18 | | The Department shall conduct a quarterly review of Care |
19 | | Coordination Unit performance and adherence to service |
20 | | guidelines. The quarterly review shall be reported to the |
21 | | Speaker of the House of Representatives, the Minority Leader of |
22 | | the House of Representatives, the
President of the
Senate, and |
23 | | the Minority Leader of the Senate. The Department shall collect |
24 | | and report longitudinal data on the performance of each care |
25 | | coordination unit. Nothing in this paragraph shall be construed |
26 | | to require the Department to identify specific care |
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1 | | coordination units. |
2 | | In regard to community care providers, failure to comply |
3 | | with Department on Aging policies shall be cause for |
4 | | disciplinary action, including, but not limited to, |
5 | | disqualification from serving Community Care Program clients. |
6 | | Each provider, upon submission of any bill or invoice to the |
7 | | Department for payment for services rendered, shall include a |
8 | | notarized statement, under penalty of perjury pursuant to |
9 | | Section 1-109 of the Code of Civil Procedure, that the provider |
10 | | has complied with all Department policies. |
11 | | The Director of the Department on Aging shall make |
12 | | information available to the State Board of Elections as may be |
13 | | required by an agreement the State Board of Elections has |
14 | | entered into with a multi-state voter registration list |
15 | | maintenance system. |
16 | | Within 30 days after July 6, 2017 (the effective date of |
17 | | Public Act 100-23), rates shall be increased to $18.29 per |
18 | | hour, for the purpose of increasing, by at least $.72 per hour, |
19 | | the wages paid by those vendors to their employees who provide |
20 | | homemaker services. The Department shall pay an enhanced rate |
21 | | under the Community Care Program to those in-home service |
22 | | provider agencies that offer health insurance coverage as a |
23 | | benefit to their direct service worker employees consistent |
24 | | with the mandates of Public Act 95-713. For State fiscal years |
25 | | 2018 and 2019, the enhanced rate shall be $1.77 per hour. The |
26 | | rate shall be adjusted using actuarial analysis based on the |
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1 | | cost of care, but shall not be set below $1.77 per hour. The |
2 | | Department shall adopt rules, including emergency rules under |
3 | | subsections (y) and (bb) of Section 5-45 of the Illinois |
4 | | Administrative Procedure Act, to implement the provisions of |
5 | | this paragraph. |
6 | | The General Assembly finds it necessary to authorize an |
7 | | aggressive Medicaid enrollment initiative designed to maximize |
8 | | federal Medicaid funding for the Community Care Program which |
9 | | produces significant savings for the State of Illinois. The |
10 | | Department on Aging shall establish and implement a Community |
11 | | Care Program Medicaid Initiative. Under the Initiative, the
|
12 | | Department on Aging shall, at a minimum: (i) provide an |
13 | | enhanced rate to adequately compensate care coordination units |
14 | | to enroll eligible Community Care Program clients into |
15 | | Medicaid; (ii) use recommendations from a stakeholder |
16 | | committee on how best to implement the Initiative; and (iii) |
17 | | establish requirements for State agencies to make enrollment in |
18 | | the State's Medical Assistance program easier for seniors. |
19 | | The Community Care Program Medicaid Enrollment Oversight |
20 | | Subcommittee is created as a subcommittee of the Older Adult |
21 | | Services Advisory Committee established in Section 35 of the |
22 | | Older Adult Services Act to make recommendations on how best to |
23 | | increase the number of medical assistance recipients who are |
24 | | enrolled in the Community Care Program. The Subcommittee shall |
25 | | consist of all of the following persons who must be appointed |
26 | | within 30 days after the effective date of this amendatory Act |
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1 | | of 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. |
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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 |
14 | | Care Program Medicaid Initiative and shall meet quarterly. At |
15 | | each Subcommittee meeting the Department on Aging shall provide |
16 | | the following data sets to the Subcommittee: (A) the number of |
17 | | Illinois residents, categorized by planning and service area, |
18 | | who are receiving services under the Community Care Program and |
19 | | are enrolled in the State's Medical Assistance Program; (B) the |
20 | | number of Illinois residents, categorized by planning and |
21 | | service area, who are receiving services under the Community |
22 | | Care Program, but are not enrolled in the State's Medical |
23 | | Assistance Program; and (C) the number of Illinois residents, |
24 | | categorized by planning and service area, who are receiving |
25 | | services under the Community Care Program and are eligible for |
26 | | benefits under the State's Medical Assistance Program, but are |
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1 | | not enrolled in the State's Medical Assistance Program. In |
2 | | addition to this data, the Department on Aging shall provide |
3 | | the Subcommittee with plans on how the Department on Aging will |
4 | | reduce the number of Illinois residents who are not enrolled in |
5 | | the State's Medical Assistance Program but who are eligible for |
6 | | medical assistance benefits. The Department on Aging shall |
7 | | enroll in the State's Medical Assistance Program those Illinois |
8 | | residents who receive services under the Community Care Program |
9 | | and are eligible for medical assistance benefits but are not |
10 | | enrolled in the State's Medicaid Assistance Program. The data |
11 | | provided to the Subcommittee shall be made available to the |
12 | | public via the Department on Aging's website. |
13 | | The Department on Aging, with the involvement of the |
14 | | Subcommittee, shall collaborate with the Department of Human |
15 | | Services and the Department of Healthcare and Family Services |
16 | | on how best to achieve the responsibilities of the Community |
17 | | Care Program Medicaid Initiative. |
18 | | The Department on Aging, the Department of Human Services, |
19 | | and the Department of Healthcare and Family Services shall |
20 | | coordinate and implement a streamlined process for seniors to |
21 | | access benefits under the State's Medical Assistance Program. |
22 | | The Subcommittee shall collaborate with the Department of |
23 | | Human Services on the adoption of a uniform application |
24 | | submission process. The Department of Human Services and any |
25 | | other State agency involved with processing the medical |
26 | | assistance application of any person enrolled in the Community |
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1 | | Care Program shall include the appropriate care coordination |
2 | | unit in all communications related to the determination or |
3 | | status of the application. |
4 | | The Community Care Program Medicaid Initiative shall |
5 | | provide targeted funding to care coordination units to help |
6 | | seniors complete their applications for medical assistance |
7 | | benefits. On and after July 1, 2019, care coordination units |
8 | | shall receive no less than $200 per completed application. |
9 | | The Community Care Program Medicaid Initiative shall cease |
10 | | operation 5 years after the effective date of this amendatory |
11 | | Act of the 100th General Assembly, after which the Subcommittee |
12 | | shall dissolve. |
13 | | (Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17; |
14 | | 100-587, 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 |
17 | | duties:
|
18 | | (1) review and comment upon reports of the Department to |
19 | | the Governor
and the General Assembly;
|
20 | | (2) prepare and submit to the Governor, the General |
21 | | Assembly and the
Director an annual report evaluating the level |
22 | | and quality of all programs,
services and facilities provided |
23 | | to the aging by State agencies;
|
24 | | (3) review and comment upon the comprehensive state plan |
25 | | prepared by the
Department;
|
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1 | | (4) review and comment upon disbursements by the Department |
2 | | of public
funds to private agencies;
|
3 | | (5) recommend candidates to the Governor for appointment as |
4 | | Director of
the Department;
|
5 | | (6) consult with the Director regarding the operations of |
6 | | the
Department.
|
7 | | The requirement for reporting to the General Assembly shall |
8 | | be satisfied
by filing copies of the report with the Speaker, |
9 | | the Minority Leader and
the Clerk of the House of |
10 | | Representatives and the President, the Minority
Leader and the |
11 | | Secretary of the Senate and the Legislative Research
Unit, as |
12 | | required
by Section 3.1 of the General Assembly Organization |
13 | | Act "An Act to revise the law in relation to the General |
14 | | Assembly",
approved February 25, 1874, as amended , and filing |
15 | | such additional copies
with the State Government Report |
16 | | Distribution Center for the General Assembly
as is required |
17 | | under
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 |
20 | | Law of the
Civil Administrative Code of Illinois is amended by |
21 | | changing 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 |
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1 | | programs.
|
2 | | (a) To lease or purchase office and storage space,
|
3 | | buildings, land, and other
facilities for all State agencies, |
4 | | authorities, boards, commissions,
departments, institutions, |
5 | | and bodies politic and all other administrative
units or |
6 | | outgrowths of the executive branch of State government except |
7 | | the
Constitutional officers, the State Board of Education and |
8 | | the State
colleges and universities and their governing bodies. |
9 | | However, before
leasing or purchasing any office or storage |
10 | | space, buildings, land
or other facilities in any municipality |
11 | | the Department shall survey the
existing State-owned and |
12 | | State-leased property
to make a determination of need.
|
13 | | The leases shall be for
a term not to exceed 5 years, |
14 | | except that the leases
may contain a renewal clause subject to |
15 | | acceptance by the State after
that date or an option to |
16 | | purchase. The purchases shall be made
through
contracts that |
17 | | (i) may provide for the title to the property to
transfer
|
18 | | immediately to the State or a trustee or nominee for the |
19 | | benefit of the
State, (ii) shall provide for the consideration |
20 | | to be
paid in installments to
be made at stated intervals |
21 | | during a certain term not to exceed 30 years
from the date of |
22 | | the contract, and (iii) may provide for the
payment of interest |
23 | | on the unpaid balance at a rate that does not exceed
a rate |
24 | | determined by adding 3 percentage points to the annual yield on
|
25 | | United States Treasury
obligations of comparable maturity as |
26 | | most recently published in the Wall
Street Journal at the time |
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1 | | such contract is signed. The leases and
purchase
contracts |
2 | | shall be and shall recite
that they are subject to termination |
3 | | and cancellation in any year for which
the General Assembly |
4 | | fails to make an appropriation to pay the rent or
purchase |
5 | | installments payable
under the terms of the lease or purchase |
6 | | contract.
Additionally, the purchase contract shall specify |
7 | | that title to
the office
and storage space, buildings, land, |
8 | | and other facilities being acquired
under
the contract shall |
9 | | revert to the Seller in the event of the
failure
of the General |
10 | | Assembly to appropriate suitable funds.
However, this |
11 | | limitation on the
term of the leases does not apply to leases |
12 | | to and with the
Illinois
Building Authority, as provided for in |
13 | | the Building Authority Act. Leases to and with that Authority |
14 | | may be
entered into for a term not to exceed 30 years and shall |
15 | | be and shall
recite that they are subject to termination and |
16 | | cancellation in any year
for which the General Assembly fails |
17 | | to make an appropriation to pay the
rent payable under the |
18 | | terms of the lease. These limitations do
not
apply if the lease |
19 | | or purchase contract contains a provision
limiting the |
20 | | liability for
the payment of the rentals or installments |
21 | | thereof solely to funds
received from the Federal government.
|
22 | | (b) To lease from an airport authority office, aircraft |
23 | | hangar, and
service buildings constructed upon a public airport |
24 | | under the Airport
Authorities Act for the use and occupancy of |
25 | | the State Department of
Transportation. The lease may be |
26 | | entered into for a term not
to exceed
30 years.
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1 | | (c) To establish training programs for teaching State |
2 | | leasing procedures
and practices to new employees of the |
3 | | Department and to keep all employees
of the Department informed |
4 | | about current leasing practices and developments
in the real |
5 | | estate industry.
|
6 | | (d) To enter into an agreement with a municipality or |
7 | | county to
construct, remodel, or convert a structure for the |
8 | | purposes of its serving
as a correctional institution or |
9 | | facility pursuant to paragraph (c) of
Section 3-2-2 of the |
10 | | Unified Code of Corrections.
|
11 | | (e) To enter into an agreement with a private individual,
|
12 | | trust, partnership,
or corporation or a municipality or other |
13 | | unit of local government, when
authorized to do so by the |
14 | | Department of Corrections,
whereby that individual, trust, |
15 | | partnership, or corporation or
municipality or other unit of |
16 | | local government will construct, remodel,
or convert a |
17 | | structure for the purposes of its serving as a correctional
|
18 | | institution or facility and then lease the structure to the
|
19 | | Department
for the use of the Department of Corrections. A |
20 | | lease entered into pursuant
to the authority granted in this
|
21 | | subsection shall be for a
term not to exceed 30 years but may |
22 | | grant to the State the
option to purchase the structure |
23 | | outright.
|
24 | | The leases shall be and shall recite that they are subject |
25 | | to
termination and cancellation in any year for which the |
26 | | General Assembly
fails to make an appropriation to pay the rent |
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1 | | payable under the terms of the
lease.
|
2 | | (f) On and after September 17, 1983, the powers granted to
|
3 | | the Department under this Section shall be exercised |
4 | | exclusively by the
Department, and no other State agency may |
5 | | concurrently exercise any such
power unless specifically |
6 | | authorized otherwise by a later enacted law.
This subsection is |
7 | | not intended to impair any contract existing as of
September |
8 | | 17, 1983.
|
9 | | However, no lease for more than 10,000 square feet of space |
10 | | shall be executed
unless the Director, in consultation with the |
11 | | Executive Director of the
Capital
Development Board, has |
12 | | certified that leasing is in the best interest of
the State, |
13 | | considering programmatic requirements, availability of vacant
|
14 | | State-owned space, the cost-benefits of purchasing or |
15 | | constructing new
space,
and other criteria as he or she shall |
16 | | determine. The Director shall not
permit
multiple leases for |
17 | | less than 10,000 square feet to be executed in order
to evade |
18 | | this provision.
|
19 | | (g) To develop and implement, in cooperation with the |
20 | | Interagency
Energy Conservation Committee, a system for |
21 | | evaluating energy consumption in
facilities leased by the |
22 | | Department, and to develop energy consumption
standards for use |
23 | | in 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
|
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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 |
|
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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 |
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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 |
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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 |
16 | | programs.
|
17 | | (a) To lease or purchase office and storage space,
|
18 | | buildings, land, and other
facilities for all State agencies, |
19 | | authorities, boards, commissions,
departments, institutions, |
20 | | and bodies politic and all other administrative
units or |
21 | | outgrowths of the executive branch of State government except |
22 | | the
Constitutional officers, the State Board of Education and |
23 | | the State
colleges and universities and their governing bodies. |
24 | | However, before
leasing or purchasing any office or storage |
25 | | space, buildings, land
or other facilities in any municipality |
|
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1 | | the Department shall survey the
existing State-owned and |
2 | | State-leased property
to make a determination of need.
|
3 | | The leases shall be for
a term not to exceed 5 years, |
4 | | except that the leases
may contain a renewal clause subject to |
5 | | acceptance by the State after
that date or an option to |
6 | | purchase. The purchases shall be made
through
contracts that |
7 | | (i) may provide for the title to the property to
transfer
|
8 | | immediately to the State or a trustee or nominee for the |
9 | | benefit of the
State, (ii) shall provide for the consideration |
10 | | to be
paid in installments to
be made at stated intervals |
11 | | during a certain term not to exceed 30 years
from the date of |
12 | | the contract, and (iii) may provide for the
payment of interest |
13 | | on the unpaid balance at a rate that does not exceed
a rate |
14 | | determined by adding 3 percentage points to the annual yield on
|
15 | | United States Treasury
obligations of comparable maturity as |
16 | | most recently published in the Wall
Street Journal at the time |
17 | | such contract is signed. The leases and
purchase
contracts |
18 | | shall be and shall recite
that they are subject to termination |
19 | | and cancellation in any year for which
the General Assembly |
20 | | fails to make an appropriation to pay the rent or
purchase |
21 | | installments payable
under the terms of the lease or purchase |
22 | | contract.
Additionally, the purchase contract shall specify |
23 | | that title to
the office
and storage space, buildings, land, |
24 | | and other facilities being acquired
under
the contract shall |
25 | | revert to the Seller in the event of the
failure
of the General |
26 | | Assembly to appropriate suitable funds.
However, this |
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1 | | limitation on the
term of the leases does not apply to leases |
2 | | to and with the
Illinois
Building Authority, as provided for in |
3 | | the Building Authority Act. Leases to and with that Authority |
4 | | may be
entered into for a term not to exceed 30 years and shall |
5 | | be and shall
recite that they are subject to termination and |
6 | | cancellation in any year
for which the General Assembly fails |
7 | | to make an appropriation to pay the
rent payable under the |
8 | | terms of the lease. These limitations do
not
apply if the lease |
9 | | or purchase contract contains a provision
limiting the |
10 | | liability for
the payment of the rentals or installments |
11 | | thereof solely to funds
received from the Federal government.
|
12 | | (b) To lease from an airport authority office, aircraft |
13 | | hangar, and
service buildings constructed upon a public airport |
14 | | under the Airport
Authorities Act for the use and occupancy of |
15 | | the State Department of
Transportation. The lease may be |
16 | | entered into for a term not
to exceed
30 years.
|
17 | | (c) To establish training programs for teaching State |
18 | | leasing procedures
and practices to new employees of the |
19 | | Department and to keep all employees
of the Department informed |
20 | | about current leasing practices and developments
in the real |
21 | | estate industry.
|
22 | | (d) To enter into an agreement with a municipality or |
23 | | county to
construct, remodel, or convert a structure for the |
24 | | purposes of its serving
as a correctional institution or |
25 | | facility pursuant to paragraph (c) of
Section 3-2-2 of the |
26 | | Unified Code of Corrections.
|
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1 | | (e) To enter into an agreement with a private individual,
|
2 | | trust, partnership,
or corporation or a municipality or other |
3 | | unit of local government, when
authorized to do so by the |
4 | | Department of Corrections,
whereby that individual, trust, |
5 | | partnership, or corporation or
municipality or other unit of |
6 | | local government will construct, remodel,
or convert a |
7 | | structure for the purposes of its serving as a correctional
|
8 | | institution or facility and then lease the structure to the
|
9 | | Department
for the use of the Department of Corrections. A |
10 | | lease entered into pursuant
to the authority granted in this
|
11 | | subsection shall be for a
term not to exceed 30 years but may |
12 | | grant to the State the
option to purchase the structure |
13 | | outright.
|
14 | | The leases shall be and shall recite that they are subject |
15 | | to
termination and cancellation in any year for which the |
16 | | General Assembly
fails to make an appropriation to pay the rent |
17 | | payable under the terms of the
lease.
|
18 | | (f) On and after September 17, 1983, the powers granted to
|
19 | | the Department under this Section shall be exercised |
20 | | exclusively by the
Department, and no other State agency may |
21 | | concurrently exercise any such
power unless specifically |
22 | | authorized otherwise by a later enacted law.
This subsection is |
23 | | not intended to impair any contract existing as of
September |
24 | | 17, 1983.
|
25 | | However, no lease for more than 10,000 square feet of space |
26 | | shall be executed
unless the Director, in consultation with the |
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|
|
1 | | Executive Director of the
Capital
Development Board, has |
2 | | certified that leasing is in the best interest of
the State, |
3 | | considering programmatic requirements, availability of vacant
|
4 | | State-owned space, the cost-benefits of purchasing or |
5 | | constructing new
space,
and other criteria as he or she shall |
6 | | determine. The Director shall not
permit
multiple leases for |
7 | | less than 10,000 square feet to be executed in order
to evade |
8 | | this provision.
|
9 | | (g) To develop and implement, in cooperation with the |
10 | | Interagency
Energy Conservation Committee, a system for |
11 | | evaluating energy consumption in
facilities leased by the |
12 | | Department, and to develop energy consumption
standards for use |
13 | | in 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 |
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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 |
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|
|
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 |
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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) |
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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 |
11 | | Sections 4c and 9 as follows: |
12 | | (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) |
13 | | Sec. 4c. General exemptions. The following positions in |
14 | | State
service shall be exempt from jurisdictions A, B, and C, |
15 | | unless the
jurisdictions shall be extended as provided in this |
16 | | Act:
|
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 |
|
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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 |
|
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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' |
|
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|
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 |
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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). |
|
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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; |
4 | | 98-65, eff. 7-15-13.)
|
5 | | (20 ILCS 415/9) (from Ch. 127, par. 63b109)
|
6 | | Sec. 9. Director, powers and duties. The Director, as |
7 | | executive
head of the Department, shall direct and supervise |
8 | | all its
administrative and technical activities. In addition to |
9 | | the duties
imposed upon him elsewhere in this law, it shall be |
10 | | his 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; |
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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
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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 |
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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.
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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, |
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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 |
6 | | be satisfied
by filing copies of the report with the Speaker, |
7 | | the Minority Leader and
the Clerk of the House of |
8 | | Representatives and the President, the Minority
Leader and the |
9 | | Secretary of the Senate and the Legislative Research
Unit, as |
10 | | required by Section 3.1 of the General Assembly Organization |
11 | | Act "An Act to revise the law in relation
to the General |
12 | | Assembly", approved February 25, 1874, as amended , and
filing |
13 | | such additional copies with the State Government Report |
14 | | Distribution
Center for the General Assembly as is required |
15 | | under 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 |
18 | | by 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 |
22 | | planning,
development, and utilization of resources for the day |
23 | | care of children,
operated under various auspices, the |
24 | | Department of Human Services is designated
to
coordinate all |
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1 | | day care activities for children of the State and shall
develop |
2 | | or continue, and shall update every year,
a State comprehensive |
3 | | day-care plan for submission to the
Governor that identifies |
4 | | high-priority areas and groups, relating them
to available |
5 | | resources and identifying the most effective approaches to
the |
6 | | use of existing day care services. The State comprehensive |
7 | | day-care
plan shall be made available to the General Assembly |
8 | | following the
Governor's approval of the plan.
|
9 | | The plan shall include methods and procedures for the |
10 | | development of
additional day care resources for children to |
11 | | meet the goal of reducing
short-run and long-run dependency and |
12 | | to provide necessary enrichment and
stimulation to the |
13 | | education of young children. Recommendations shall be
made for |
14 | | State policy on optimum use of private and public, local, State
|
15 | | and federal resources, including an estimate of the resources |
16 | | needed for
the licensing and regulation of day care facilities.
|
17 | | A written report shall be submitted to the Governor and the |
18 | | General
Assembly annually on April 15. The report shall include |
19 | | an
evaluation of
developments over the preceding fiscal year, |
20 | | including cost-benefit
analyses of various arrangements. |
21 | | Beginning with the report in 1990 submitted
by the Department's |
22 | | predecessor agency and every
2 years thereafter, the report |
23 | | shall 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, |
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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 |
23 | | be satisfied
by filing copies of the report with the Speaker, |
24 | | the Minority Leader, and
the Clerk of the House of |
25 | | Representatives, the President, the Minority
Leader, and the |
26 | | Secretary of the Senate, and the Legislative Research Unit,
as |
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1 | | required by Section 3.1 of the General Assembly Organization |
2 | | Act,
and filing such additional copies with the
State |
3 | | Government Report Distribution Center for the General Assembly |
4 | | as is
required under paragraph (t) of Section 7 of the State |
5 | | Library Act.
|
6 | | (b) The Department of Human Services shall establish |
7 | | policies and procedures
for
developing and implementing |
8 | | interagency agreements with other
agencies of
the State |
9 | | providing child care services or reimbursement for such |
10 | | services.
The plans shall be annually reviewed and modified for |
11 | | the purpose of
addressing issues of applicability and service |
12 | | system barriers.
|
13 | | (c) In cooperation with other State agencies, the |
14 | | Department of Human
Services shall develop and implement, or |
15 | | shall continue, a
resource and referral system for the
State of |
16 | | Illinois either within the Department or by contract with local |
17 | | or
regional agencies. Funding for implementation of this system |
18 | | may be
provided through Department appropriations or other |
19 | | inter-agency funding
arrangements. The resource and referral |
20 | | system 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 |
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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 |
5 | | planning
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
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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 |
25 | | to ensure
such parents' graduation from high school and to |
26 | | services for participants
in any programs of job training |
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1 | | conducted
by the
Department.
|
2 | | (e) The Department of Human Services shall actively |
3 | | stimulate the
development of public and private resources at |
4 | | the local level. It shall also
seek the fullest utilization of |
5 | | federal funds directly or indirectly available
to the |
6 | | Department.
|
7 | | Where appropriate, existing non-governmental agencies or
|
8 | | associations shall be involved in planning by the Department.
|
9 | | (f) To better accommodate the child care needs of low |
10 | | income working
families, especially those who receive |
11 | | Temporary Assistance for Needy Families
(TANF) or who are |
12 | | transitioning from TANF to work, or who are at risk of
|
13 | | depending on TANF in the absence of child care, the Department |
14 | | shall complete a
study using outcome-based assessment |
15 | | measurements to analyze the various types
of child care needs, |
16 | | including but not limited to: child care homes; child care
|
17 | | facilities; before and after school care; and evening and |
18 | | weekend care. Based
upon
the findings of the study, the |
19 | | Department shall develop a plan by April 15,
1998, that |
20 | | identifies the various types of child care needs within various
|
21 | | geographic locations. The plan shall include, but not be |
22 | | limited to, the
special needs of parents and guardians in need |
23 | | of non-traditional child care
services such as early mornings, |
24 | | evenings, and weekends; the needs of very low
income families |
25 | | and children and how they might be better served; and
|
26 | | strategies to assist child care providers to meet the needs and |
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1 | | schedules of
low income families.
|
2 | | (Source: P.A. 92-468, eff. 8-22-01.)
|
3 | | Section 40. The Administration of Psychotropic Medications |
4 | | to 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 |
8 | | shall prepare and submit an annual report, covering the |
9 | | previous fiscal year, to the General Assembly concerning the |
10 | | administration of psychotropic medication to persons for whom |
11 | | it is legally responsible. This report shall include, but is |
12 | | not 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 |
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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 |
12 | | shall be satisfied by filing copies of the report with the |
13 | | Speaker, the Minority Leader, and the Clerk of the House of |
14 | | Representatives, the President, the Minority Leader, and the |
15 | | Secretary of the Senate, and the Legislative Research Unit, as |
16 | | required by Section 3.1 of the General Assembly Organization |
17 | | Act and by filing additional copies with the State Government |
18 | | Report Distribution Center for the General Assembly as required |
19 | | under 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 |
22 | | by 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 |
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1 | | preparation of
energy contingency plans, shall also analyze, |
2 | | prepare, and recommend a
comprehensive energy plan for the |
3 | | State of Illinois.
|
4 | | The plan shall identify emerging trends related to energy |
5 | | supply,
demand, conservation, public health and safety |
6 | | factors, and should specify
the levels of statewide and service |
7 | | area energy needs, past, present, and
estimated future demand, |
8 | | as well as the potential social, economic, or
environmental |
9 | | effects caused by the continuation of existing trends and by
|
10 | | the various alternatives available to the State.
The plan shall |
11 | | also conform to the requirements of Section 8-402 of the
Public |
12 | | Utilities Act. The Department shall design programs as |
13 | | necessary to
achieve the purposes of this Act and the planning |
14 | | objectives of The Public
Utilities Act. The Department's energy |
15 | | plan, and any programs designed
pursuant to this Section shall |
16 | | be filed with the Commission in accordance
with the |
17 | | Commission's planning responsibilities and hearing |
18 | | requirements
related thereto. The Department shall |
19 | | periodically review the plan,
objectives and programs at least |
20 | | every 2 years, and the results of such
review and any resulting |
21 | | changes in the Department's plan or programs shall
be filed |
22 | | with the Commission.
|
23 | | The Department's plan and programs and any review thereof, |
24 | | shall also be
filed with the Governor, the General Assembly, |
25 | | and the Public Counsel, and
shall be available to the public |
26 | | upon request.
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1 | | The requirement for reporting to the General Assembly shall |
2 | | be satisfied
by filing copies of the report with the Speaker, |
3 | | the Minority Leader and
the Clerk of the House of |
4 | | Representatives and the President, the Minority
Leader and the |
5 | | Secretary of the Senate and the Legislative Research
Unit, as |
6 | | required by Section 3.1 of the General Assembly Organization |
7 | | Act "An Act to revise the law in relation
to the General |
8 | | Assembly", approved February 25, 1874, as amended , and
filing |
9 | | such additional copies with the State Government Report |
10 | | Distribution
Center for the General Assembly as is required |
11 | | under paragraph (t) of
Section 7 of the State Library Act.
|
12 | | (Source: P.A. 84-617.)
|
13 | | Section 50. The Mental Health and Developmental |
14 | | Disabilities Administrative Act is amended by changing Section |
15 | | 73 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 |
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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 |
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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 |
15 | | draft and promulgate a new rule governing community-based |
16 | | residential settings.
The new rule for community-based |
17 | | residential settings shall include settings that offer to |
18 | | persons with serious mental illness (i) community-based |
19 | | residential recovery-oriented mental health care, treatment, |
20 | | and services; and (ii) community-based residential mental |
21 | | health and co-occurring substance use disorder care, |
22 | | treatment, and services. |
23 | | Community-based residential settings shall honor a |
24 | | consumer's choice as well as a consumer's right to live in the: |
25 | | (1) Least restrictive environment. |
26 | | (2) Most appropriate integrated setting. |
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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 |
10 | | shall be drafted in such a manner as to delineate |
11 | | State-supported care, treatment, and services appropriately |
12 | | governed within the new rule, and shall continue eligibility |
13 | | for eligible individuals in programs governed by Title 59, Part |
14 | | 132 of the Illinois Administrative Code.
The Department shall |
15 | | draft a new rule for community-based residential settings by |
16 | | January 1, 2012. The new rule must include, but shall not be |
17 | | limited 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 |
23 | | than October 1, 2011, the Department shall conduct a statewide |
24 | | study to assess the existing types of community-based housing |
25 | | and residential services currently being provided to |
26 | | individuals with mental illnesses in Illinois. This study shall |
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1 | | include State-funded and federally funded housing and |
2 | | residential services. The results of this study shall be used |
3 | | to 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 |
6 | | Disabilities 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 |
9 | | powers 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 |
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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;
|
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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 |
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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 |
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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
|
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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 |
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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 |
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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 |
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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 |
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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 |
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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; |
11 | | 100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff. |
12 | | 8-14-18.)
|
13 | | Section 60. The Department of Transportation Law of the
|
14 | | Civil Administrative Code of Illinois is amended by changing |
15 | | Section 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 |
18 | | Department has the
power, in
cooperation with State |
19 | | universities and other research oriented
institutions, to |
20 | | study the extent and nature of the demand for
transportation |
21 | | and to collect and assemble information regarding the most
|
22 | | feasible, technical and socio-economic solutions for meeting |
23 | | that demand
and the costs thereof. The Department has the power |
24 | | to report to the
Governor and the General Assembly,
by February |
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1 | | 15 of each odd-numbered year, the results of the study
and
|
2 | | recommendations based on the study.
|
3 | | The requirement for reporting to the General Assembly shall |
4 | | be satisfied
by filing copies of the report with the Speaker, |
5 | | the Minority Leader, and
the Clerk of the House of |
6 | | Representatives and the President, the Minority
Leader, and the |
7 | | Secretary of the Senate and the Legislative Research
Unit, as |
8 | | required
by Section 3.1 of the General
Assembly Organization |
9 | | Act and by filing additional
copies
with the State Government |
10 | | Report Distribution Center for the General Assembly
as is |
11 | | required under paragraph (t) of Section 7 of the State Library
|
12 | | Act.
|
13 | | (Source: P.A. 91-239, eff. 1-1-00.)
|
14 | | Section 65. The Governor's Office of Management and Budget |
15 | | Act 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 |
18 | | prescribe, every
State agency, other than State colleges and |
19 | | universities, agencies of
legislative and judicial branches of |
20 | | State government, and elected State
executive officers not |
21 | | including the Governor, shall file with the Commission on |
22 | | Government Forecasting and Accountability
Legislative Research |
23 | | Unit
all applications for
federal grants, contracts and |
24 | | agreements. The Commission on Government Forecasting and |
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1 | | Accountability Legislative Research Unit shall immediately |
2 | | forward all such materials to the Office for
the
Office's |
3 | | approval. Any application for federal funds which has
not |
4 | | received
Office approval shall be considered void and any funds |
5 | | received
as a result of
such application shall be returned to |
6 | | the federal government before they are
spent. Each State agency |
7 | | subject to this Section shall, at least 45 days before
|
8 | | submitting its application to the federal agency, report in |
9 | | detail to the Commission on Government Forecasting and |
10 | | Accountability
Legislative Research Unit
what
the
grant is |
11 | | intended to
accomplish and the specific plans for spending the |
12 | | federal dollars
received pursuant to the grant. The Commission |
13 | | on Government Forecasting and Accountability Legislative |
14 | | Research Unit shall immediately forward such materials to the |
15 | | Office. The
Office may approve the submission of an application |
16 | | to the
federal agency in
less than 45 days after its receipt by |
17 | | the Office when the
Office determines
that the circumstances |
18 | | require an expedited application. Such reports of
applications |
19 | | and plans of expenditure shall include but shall not be limited
|
20 | | to:
|
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 |
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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 |
11 | | immediately file with
the Commission on Government Forecasting |
12 | | and Accountability Legislative Research Unit, any awards of |
13 | | federal
funds and any and all changes in the programs, in |
14 | | awards, in program duration,
in schedule of fund receipts, and |
15 | | in estimated costs to the State of
maintaining the program if |
16 | | and when federal assistance is terminated, or in
direct and |
17 | | indirect costs, of any grant under which they are or expect to |
18 | | be
receiving federal funds. The Commission on Government |
19 | | Forecasting and Accountability Legislative Research Unit shall
|
20 | | immediately forward such materials to the Office.
|
21 | | The Office in cooperation with the Commission on Government |
22 | | Forecasting and Accountability Legislative Research Unit shall |
23 | | develop standard forms and a system of identifying
numbers for |
24 | | the applications and reports required by this Section.
Upon |
25 | | receipt from the State agencies of each application and report, |
26 | | the Commission on Government Forecasting and Accountability
|
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1 | | Legislative Research Unit shall promptly designate the
|
2 | | appropriate identifying number therefor
and communicate such |
3 | | number to the respective State agency, the Comptroller and
the |
4 | | Office.
|
5 | | Each State agency subject to this Section shall include in |
6 | | each
report to the Comptroller of the receipt of federal funds |
7 | | the identifying
number applicable to the grant under which such |
8 | | funds 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 |
11 | | Financing 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 |
14 | | authorized by
law, for the purposes of this Act, the State |
15 | | authority shall have the
following powers together with all |
16 | | powers incidental thereto or necessary
for the performance |
17 | | thereof:
|
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 |
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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 |
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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, |
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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 |
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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 |
18 | | hazardous waste
treatment facility as a business except for the |
19 | | purpose of protecting or
maintaining such facility as security |
20 | | for bonds of the State authority. No
environmental or hazardous |
21 | | waste treatment facilities completed prior to
January 1, 1970 |
22 | | may be financed by the State authority under this Act, but
|
23 | | additions and improvements to such environmental or hazardous |
24 | | waste
treatment facilities which are commenced subsequent to |
25 | | January 1, 1970 may
be financed by the State authority. Any |
26 | | lease, sales agreement or other
financing agreement in |
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1 | | connection with an environmental
or hazardous waste treatment |
2 | | facility entered into pursuant to this Act
must be for a term |
3 | | not shorter than the longest maturity of any bonds
issued to |
4 | | finance such environmental or hazardous waste treatment |
5 | | facility
or a portion thereof and must provide for rentals
or |
6 | | other payments adequate to pay the principal of and interest |
7 | | and
premiums, if any, on such bonds as the same fall due and to |
8 | | create and
maintain such reserves and accounts for |
9 | | depreciation, if any, as the
directing body determines to be |
10 | | necessary.
|
11 | | The Authority shall give priority to providing financing |
12 | | for the
establishment of hazardous waste treatment facilities |
13 | | necessary to achieve
the goals of Section 22.6 of the |
14 | | Environmental Protection Act.
|
15 | | The Authority shall give special consideration to small |
16 | | businesses in
authorizing the issuance of bonds for the |
17 | | financing of environmental
facilities pursuant to subsection |
18 | | (c) of Section 2.
|
19 | | The Authority shall make a financial report on all projects |
20 | | financed
under this Section to the General Assembly, to the |
21 | | Governor, and to the
Commission on Government Forecasting and |
22 | | Accountability by April 1 of each year. Such
report shall be a |
23 | | public record and open for inspection at the offices
of the |
24 | | Authority during normal business hours. The report shall
|
25 | | include: (a) all applications for loans and other financial |
26 | | assistance
presented to the members of the Authority during |
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1 | | such fiscal year, (b)
all projects and owners thereof which |
2 | | have received any form of
financial assistance from the |
3 | | Authority during such year, (c) the nature
and amount of all |
4 | | such assistance, and (d) projected activities of the
Authority |
5 | | for the next fiscal year, including projection of the total
|
6 | | amount of loans and other financial assistance anticipated and |
7 | | the
amount of revenue bonds or other evidences of indebtedness |
8 | | that will be
necessary to provide the projected level of |
9 | | assistance during the next
fiscal year.
|
10 | | The requirement for reporting to the General Assembly shall |
11 | | be satisfied
by filing copies of the report with the Speaker, |
12 | | the Minority Leader and
the Clerk of the House of |
13 | | Representatives and the President, the Minority
Leader and the |
14 | | Secretary of the Senate and the Legislative Research
Unit, as |
15 | | required
by Section 3.1 of the General Assembly Organization |
16 | | Act "An Act to revise the law in relation to the General
|
17 | | Assembly", approved February 25, 1874, as amended , and filing |
18 | | such
additional copies with the State Government Report |
19 | | Distribution Center for
the General Assembly as is required |
20 | | under 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 |
23 | | Section 4 as follows:
|
24 | | (20 ILCS 3915/4) (from Ch. 127, par. 214.14)
|
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1 | | Sec. 4.
The Council has the power and duty (a) to survey |
2 | | and assess the
needs of the arts, both visual and performing, |
3 | | throughout the State; (b) to
identify existing legislation, |
4 | | policies and programs which affect the arts
and to evaluate |
5 | | their effectiveness; (c) to stimulate public understanding
and |
6 | | recognition of the importance of cultural institutions in |
7 | | Illinois; (d)
to promote an encouraging atmosphere for creative |
8 | | artists residing in
Illinois; (e) to encourage the use of local |
9 | | resources for the development
and support of the arts; and (f) |
10 | | to report to the Governor and to the
General Assembly |
11 | | biennially, on or about the third Monday in January of
each |
12 | | odd-numbered year, the results of and its recommendations based |
13 | | upon
its investigations.
|
14 | | The requirement for reporting to the General Assembly shall |
15 | | be satisfied
by filing copies of the report with the Speaker, |
16 | | the Minority Leader and
the Clerk of the House of |
17 | | Representatives and the President, the Minority
Leader and the |
18 | | Secretary of the Senate and the Legislative Research
Unit, as |
19 | | required
by Section 3.1 of the General Assembly Organization |
20 | | Act "An Act to revise the law in relation to the General |
21 | | Assembly",
approved February 25, 1874, as amended , and filing |
22 | | such additional copies
with the State Government Report |
23 | | Distribution Center for the General Assembly
as is required |
24 | | under paragraph (t) of Section 7 of the State Library Act.
|
25 | | (Source: P.A. 84-1438.)
|
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1 | | Section 80. The Illinois Criminal Justice Information Act |
2 | | is 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 |
5 | | following
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;
|
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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 |
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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 |
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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 |
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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 |
18 | | be satisfied
by filing copies of the report with the Speaker, |
19 | | the Minority Leader, and
the Clerk of the House of |
20 | | Representatives, the President, the Minority
Leader, and the |
21 | | Secretary of the Senate, and the Legislative Research
Unit, as |
22 | | required by Section 3.1 of the General Assembly Organization |
23 | | Act, and
filing such additional copies with the State |
24 | | Government Report Distribution
Center for the General Assembly |
25 | | as is required under paragraph (t) of
Section 7 of the State |
26 | | Library Act.
|
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1 | | (Source: P.A. 99-938, eff. 1-1-18; 100-373, eff. 1-1-18; |
2 | | 100-575, 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 |
4 | | changing 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 |
7 | | State such regions
as it considers appropriate to effectuate |
8 | | the purposes of the Authority
under this Act, taking into |
9 | | account the requirements of State and federal
statutes; |
10 | | population; civic, health and social service boundaries; and |
11 | | other
pertinent factors.
|
12 | | (b) The Commission shall act through its divisions as |
13 | | provided in this Act.
|
14 | | (c) The Commission shall establish general policy |
15 | | guidelines for the
operation of the Legal Advocacy Service, |
16 | | Human Rights Authority and State Guardian in
furtherance of |
17 | | this Act. Any action taken by a regional authority is subject
|
18 | | to the review and approval of the Commission. The Commission, |
19 | | acting on a request from the Director, may disapprove
any |
20 | | action of a regional authority, in which case the regional |
21 | | authority shall
cease such action.
|
22 | | (d) The Commission shall hire a Director and staff to carry |
23 | | out the powers
and duties of the Commission and its divisions |
24 | | pursuant to this Act and
the rules and regulations promulgated |
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1 | | by the Commission. All staff other
than the Director shall be |
2 | | subject to the Personnel Code.
|
3 | | (e) The Commission shall review and evaluate the operations |
4 | | of the
divisions.
|
5 | | (f) The Commission shall operate subject to the provisions |
6 | | of the Illinois Procurement Code.
|
7 | | (g) The Commission shall prepare its budget.
|
8 | | (h) The Commission shall prepare an annual report on its |
9 | | operations and
submit the report to the Governor and the |
10 | | General Assembly.
|
11 | | The requirement for reporting to the General Assembly shall |
12 | | be satisfied
by filing copies of the report with the Speaker, |
13 | | the Minority Leader and
the Clerk of the House of |
14 | | Representatives and the President, the Minority
Leader and the |
15 | | Secretary of the Senate and the Legislative Research Unit, as
|
16 | | required by Section 3.1 of the General Assembly Organization |
17 | | Act "An Act to revise the law in relation to the General
|
18 | | Assembly", approved February 25, 1874 , and filing such |
19 | | additional copies with
the State Government Report |
20 | | Distribution Center for the General Assembly as is
required |
21 | | under paragraph (t) of Section 7 of the State Library Act.
|
22 | | (i) The Commission shall establish rules and regulations |
23 | | for the conduct
of the work of its divisions, including rules |
24 | | and regulations for the Legal
Advocacy Service and the State |
25 | | Guardian in evaluating an eligible person's
or ward's financial |
26 | | resources for the purpose of determining whether the
eligible |
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1 | | person or ward has the ability to pay for legal or guardianship
|
2 | | services received. The determination of the eligible person's |
3 | | financial
ability to pay for legal services shall be based upon |
4 | | the number of dependents
in the eligible person's family unit |
5 | | and the income, liquid assets and
necessary expenses, as |
6 | | prescribed by rule of the Commission of: (1) the
eligible |
7 | | person; (2) the eligible person's spouse; and (3) the parents |
8 | | of minor
eligible persons. The determination of a ward's |
9 | | ability to pay for
guardianship services shall be based upon |
10 | | the ward's estate. An eligible
person or ward found to have |
11 | | sufficient financial resources shall be required
to pay the |
12 | | Commission in accordance with standards established by the
|
13 | | Commission. No fees may be charged for legal services given |
14 | | unless the
eligible person is given notice at the start of such |
15 | | services that
such fees might be charged. No fees may be |
16 | | charged for guardianship
services given unless the ward is |
17 | | given notice of the request for fees
filed with the probate |
18 | | court and the court approves the amount of fees to
be assessed. |
19 | | All fees collected shall be deposited with the State Treasurer
|
20 | | and placed in the Guardianship and Advocacy Fund. The |
21 | | Commission shall
establish rules and regulations regarding the |
22 | | procedures of appeal for clients
prior to termination or |
23 | | suspension of legal services. Such rules and
regulations shall |
24 | | include, but not be limited to, client notification
procedures |
25 | | prior to the actual termination, the scope of issues subject to
|
26 | | appeal, and procedures specifying when a final administrative |
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1 | | decision is made.
|
2 | | (j) The Commission shall take such actions as it deems |
3 | | necessary and
appropriate to receive private, federal and other |
4 | | public funds to help support
the divisions and to safeguard the |
5 | | rights of eligible persons. Private funds
and property may be |
6 | | accepted, held, maintained, administered and disposed of by
the |
7 | | Commission, as trustee, for such purposes for the benefit of |
8 | | the People of
the State of Illinois pursuant to the terms of |
9 | | the instrument granting the
funds or property to the |
10 | | Commission.
|
11 | | (k) The Commission may expend funds under the State's plan |
12 | | to protect
and advocate the rights of persons with a |
13 | | developmental disability established
under the federal |
14 | | Developmental Disabilities Services and Facilities
|
15 | | Construction Act (Public Law 94-103, Title II). If the Governor |
16 | | designates the
Commission to be the organization or agency to |
17 | | provide the services called for
in the State plan, the |
18 | | Commission shall make these protection and advocacy
services |
19 | | available to persons with a developmental disability by |
20 | | referral or by
contracting for these services to the extent |
21 | | practicable. If the Commission is
unable to so make available |
22 | | such protection and advocacy services, it shall
provide them |
23 | | through persons in its own employ.
|
24 | | (l) The Commission shall, to the extent funds are |
25 | | available, monitor
issues concerning the rights of eligible |
26 | | persons and the care and treatment
provided to those persons, |
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1 | | including but not limited to the incidence of
abuse or neglect |
2 | | of eligible persons. For purposes of that monitoring the
|
3 | | Commission shall have access to reports of suspected abuse or |
4 | | neglect and
information regarding the disposition of such |
5 | | reports, subject to the
provisions of the Mental Health and |
6 | | Developmental Disabilities Confidentiality
Act.
|
7 | | (Source: P.A. 96-271, eff. 1-1-10.)
|
8 | | Section 90. The General Assembly Organization Act is |
9 | | amended 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 |
12 | | contrary, whenever Whenever any law or resolution requires a |
13 | | report to the General
Assembly, that reporting requirement |
14 | | shall be satisfied by filing : with the Clerk of the House of |
15 | | Representatives and the Secretary of the Senate in electronic |
16 | | form only, in the manner that the Clerk and the Secretary shall |
17 | | direct; and with the Commission on Government Forecasting and |
18 | | Accountability, in the manner that the Commission shall direct |
19 | | one copy
of the report with each of the following: the Speaker, |
20 | | the Minority Leader
and the Clerk of the House of |
21 | | Representatives and the President, the Minority
Leader and the |
22 | | Secretary of the Senate and the Legislative Research
Unit . In |
23 | | addition, the reporting entity must make a copy of the report |
24 | | available for a reasonable time on its Internet site or on the |
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1 | | Internet site of the public entity that hosts the reporting |
2 | | entity's World Wide Web page, if any. Additional
copies shall |
3 | | be filed with the State Government Report Distribution Center
|
4 | | for the General Assembly as required under paragraph (t) of |
5 | | Section 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 |
8 | | amended 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
|
11 | | Reports to the Commission on Government Forecasting and |
12 | | Accountability 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 |
16 | | Government Forecasting and Accountability Legislative Research |
17 | | Unit .
|
18 | | (a) As used in this Act, "separate or interagency board or |
19 | | commission"
includes any body in the legislative, executive, or |
20 | | judicial branch of
State government that contains any members |
21 | | other than those serving in a
single State agency, and that is |
22 | | charged with policy-making or licensing
functions or with |
23 | | making recommendations regarding such functions to any
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1 | | authority in State government. The term also includes any body, |
2 | | regardless
of its level of government, to which any |
3 | | constitutional officer in the
executive branch of State |
4 | | government makes an appointment. The term does
not include any |
5 | | body whose members are elected by vote of the electors.
|
6 | | (b) Within 30 days after the effective date of this Act, or |
7 | | within 30
days after the creation of any separate or |
8 | | interagency board or commission,
whichever is later, each |
9 | | appointing authority for that board or commission
shall make an |
10 | | initial report in writing to the Commission on Government |
11 | | Forecasting and Accountability Legislative Research Unit .
Each |
12 | | initial report shall contain the following information:
|
13 | | (1) The name of the board or commission, and a complete |
14 | | citation or copy
of the statute, order, or other document |
15 | | creating it.
|
16 | | (2) An address and telephone number, if any, that can be |
17 | | used to
communicate with the board or commission.
|
18 | | (3) For each person appointed by that appointing authority |
19 | | to the board
or commission whose latest term has not expired: |
20 | | the name, mailing
address, residence address, Representative |
21 | | District of residence, date of
appointment, and expected |
22 | | expiration of latest term. At the request of the
appointee, the |
23 | | report may in lieu of the appointee's residence address list
|
24 | | the municipality, if any, and county in which the appointee |
25 | | resides. If an
appointment requires confirmation, the report |
26 | | shall state the fact,
and the appointing authority shall report |
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1 | | the confirmation as a report of
change under subsection (c). If |
2 | | the statute, order, or other
document creating the board or |
3 | | commission imposes any qualification or
background requirement |
4 | | on some but not all members of the board or
commission, the |
5 | | report shall state which of such requirements each person
|
6 | | appointed fulfills.
|
7 | | (c) Each appointing authority for a separate or interagency |
8 | | board or
commission, within 15 days after any change in the |
9 | | information required by
subsection (b) to be reported that |
10 | | concerns an appointee of that authority,
shall report the |
11 | | change in writing to the Commission on Government Forecasting |
12 | | and Accountability Legislative Research Unit . Any
such report |
13 | | concerning a new appointment shall list the name of the
|
14 | | previous appointee, if any, who the new appointee replaces.
|
15 | | (d) Beginning on the effective date of this amendatory Act |
16 | | of the 100th General Assembly, all prior powers, duties, and |
17 | | responsibilities of the Legislative Research Unit under this |
18 | | Section shall be assumed by the Commission on Government |
19 | | Forecasting and Accountability. |
20 | | (Source: P.A. 86-591.)
|
21 | | Section 100. The Legislative Commission Reorganization Act |
22 | | of 1984 is amended by changing Sections 1-3, 1-4, 1-5, 4-1, |
23 | | 4-2, 4-2.1, 4-3, 4-4, 4-7, 4-9, 10-1, 10-2, 10-3, 10-4, 10-5, |
24 | | and 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 |
3 | | Committee on
Legislative Support Services is responsible for |
4 | | establishing general policy and
coordinating activities among |
5 | | the legislative support services agencies. The
legislative |
6 | | support services agencies include the following:
|
7 | | (1) Joint Committee on Administrative Rules;
|
8 | | (2) Commission on Government Forecasting and |
9 | | Accountability;
|
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 |
19 | | coordinating
responsibilities for the legislative support |
20 | | services agencies, the Joint
Committee on Legislative Support |
21 | | Services shall have the following powers
and duties with |
22 | | respect to such agencies:
|
23 | | (1) To approve the executive director pursuant to Section |
24 | | 1-5(e);
|
25 | | (2) To establish uniform hiring practices and personnel |
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1 | | procedures,
including affirmative action, to assure equality |
2 | | of employment opportunity;
|
3 | | (3) To establish uniform contract procedures, including |
4 | | affirmative
action, to assure equality in the awarding of |
5 | | contracts, and to maintain a
list of all contracts entered |
6 | | into;
|
7 | | (4) To establish uniform travel regulations and approve all |
8 | | travel
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 |
11 | | coordinate and
serve as the agency authorized to assign studies |
12 | | to be performed by any
legislative support services agency. Any |
13 | | study requested by resolution or
joint resolution of either |
14 | | house of the General Assembly shall be subject
to the powers of |
15 | | the Joint Committee to allocate resources available to the
|
16 | | General Assembly hereunder; provided, however, that nothing |
17 | | herein shall be
construed to preclude the participation by |
18 | | public members in such studies
or prohibit their reimbursement |
19 | | for reasonable and necessary expenses in
connection therewith;
|
20 | | (7) To make recommendations to the General Assembly |
21 | | regarding the
continuance of the various committees, boards and |
22 | | commissions that are the
subject of the statutory provisions |
23 | | repealed March 31, 1985, under
Article 11 of this Act;
|
24 | | (8) To assist the Auditor General as necessary to assure |
25 | | the orderly and
efficient termination of the various |
26 | | committees, boards and commissions
that are subject to Article |
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1 | | 12 of this Act;
|
2 | | (9) To consider and make recommendations to the General |
3 | | Assembly
regarding further reorganization of the legislative |
4 | | support services
agencies, and other legislative committees, |
5 | | boards and commissions, as it
may from time to time determine |
6 | | to be necessary;
|
7 | | (10) To consider and recommend a comprehensive transition |
8 | | plan for the
legislative support services agencies, including |
9 | | but not limited to issues
such as the consolidation of the |
10 | | organizational structure, centralization
or decentralization |
11 | | of staff, appropriate level of member participation,
|
12 | | guidelines for policy development, further reductions which |
13 | | may be
necessary, and measures which can be taken to improve |
14 | | efficiency, and
ensure accountability. To assist in such |
15 | | recommendations the Joint
Committee may appoint an Advisory |
16 | | Group. Recommendations of the Joint
Committee shall be reported |
17 | | to the members of the General Assembly no later
than November |
18 | | 13, 1984. The requirement for reporting to the General
Assembly |
19 | | shall be satisfied by filing copies of the report with the
|
20 | | Speaker, the Minority Leader and the Clerk of the House of |
21 | | Representatives
and the President, the Minority Leader and the |
22 | | Secretary of the Senate and
the Legislative Research Unit, as |
23 | | required by Section 3.1 of the General
Assembly Organization |
24 | | Act, and filing such additional copies with the State
|
25 | | Government Report Distribution Center for the General Assembly |
26 | | as is
required under paragraph (t) of Section 7 of the State |
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1 | | Library Act;
|
2 | | (11) To contract for the establishment of child care |
3 | | services pursuant
to the State Agency Employees Child Care |
4 | | Services Act; and
|
5 | | (12) To use funds appropriated from the General Assembly |
6 | | Computer
Equipment Revolving Fund for the purchase of computer |
7 | | equipment for the
General Assembly and for related expenses and |
8 | | for other operational purposes
of the General Assembly in |
9 | | accordance with Section 6 of
the Legislative Information System |
10 | | Act.
|
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 |
15 | | Rules, the Commission on Government Forecasting and |
16 | | Accountability, and the Legislative Audit Committee , and the |
17 | | Legislative Research Unit shall each
consist of 12 members of |
18 | | the General Assembly, of whom 3 shall be appointed by
the |
19 | | President of the Senate, 3 shall be appointed by the Minority |
20 | | Leader of the
Senate, 3 shall be appointed by the Speaker of |
21 | | the House of Representatives,
and 3 shall be appointed by the |
22 | | Minority Leader of the House of
Representatives. All |
23 | | appointments shall be in writing and filed with the
Secretary |
24 | | of State as a public record.
|
25 | | Members shall serve a 2-year term, and must be appointed by
|
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1 | | the Joint
Committee during the month of January in each |
2 | | odd-numbered year for terms
beginning February 1. Any vacancy |
3 | | in an Agency shall be filled by appointment
for the balance of |
4 | | the term in the same manner as the original appointment. A
|
5 | | vacancy shall exist when a member no longer holds the elected |
6 | | legislative
office held at the time of the appointment or at |
7 | | the termination of the
member's legislative service.
|
8 | | During the month of February of each odd-numbered year, the |
9 | | Joint Committee on Legislative Support Services shall select |
10 | | from the members of the Board of each Agency 2 co-chairpersons |
11 | | and such other officers as the Joint Committee deems necessary. |
12 | | The co-chairpersons of each Board shall serve for a 2-year |
13 | | term, beginning February 1 of the odd-numbered year, and the 2 |
14 | | co-chairpersons shall not be members of or identified with the |
15 | | same house or the same political party. |
16 | | Each Board shall meet twice annually or more often upon the |
17 | | call of the chair or any 9 members. A quorum of the Board shall |
18 | | consist of a majority of the appointed members. |
19 | | (b) The Board of each of the following legislative support |
20 | | agencies shall consist of the Secretary and Assistant Secretary |
21 | | of the Senate and the Clerk and Assistant Clerk of the House of |
22 | | Representatives: the Legislative Information System, the |
23 | | Legislative Printing Unit, the Legislative Reference Bureau, |
24 | | and the Office of the Architect of the Capitol. The |
25 | | co-chairpersons of the Board of the Office of the Architect of |
26 | | the Capitol shall be the Secretary of the Senate and the Clerk |
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1 | | of the House of Representatives, each ex officio.
|
2 | | The Chairperson of each of the other Boards shall be the |
3 | | member who is affiliated with the same caucus as the then |
4 | | serving Chairperson of the Joint Committee on Legislative |
5 | | Support Services. Each Board shall meet twice annually or more |
6 | | often upon the call of the chair or any 3 members. A quorum of |
7 | | the Board shall consist of a majority of the appointed members. |
8 | | When the Board of the Office of the Architect of the |
9 | | Capitol has cast a tied vote concerning the design, |
10 | | implementation, or construction of a project within the |
11 | | legislative complex, as defined in Section 8A-15, the Architect |
12 | | of the Capitol may cast the tie-breaking vote. |
13 | | (c) (Blank).
|
14 | | (d) Members of each Agency shall serve without |
15 | | compensation, but shall be
reimbursed for expenses incurred in |
16 | | carrying out the duties of the Agency
pursuant to rules and |
17 | | regulations adopted by the Joint Committee on
Legislative |
18 | | Support Services.
|
19 | | (e) Beginning February 1, 1985, and every 2 years |
20 | | thereafter,
the Joint
Committee shall select an Executive |
21 | | Director who shall be the chief
executive officer and staff |
22 | | director of each Agency. The Executive Director
shall receive a |
23 | | salary as fixed by the Joint Committee and shall be authorized
|
24 | | to employ and fix the compensation of necessary professional, |
25 | | technical
and secretarial staff and prescribe their duties, |
26 | | sign contracts, and issue
vouchers for the payment of |
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1 | | obligations pursuant to rules and regulations
adopted by the |
2 | | Joint Committee on Legislative Support Services. The
Executive |
3 | | Director and other employees of the Agency shall not be subject
|
4 | | to the Personnel Code.
|
5 | | The executive director of the Office of the Architect of |
6 | | the 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 |
10 | | Section 9b of the
State
Finance
Act, the Legislative Research |
11 | | Unit is the successor to the
Illinois Commission on
|
12 | | Intergovernmental Cooperation.
The Legislative Research Unit |
13 | | succeeds to and assumes all powers, duties,
rights, |
14 | | responsibilities, personnel, assets, liabilities, and |
15 | | indebtedness of
the Illinois Commission on Intergovernmental |
16 | | Cooperation.
Any reference in any law, rule, form, or other
|
17 | | document to the
Illinois Commission on
Intergovernmental |
18 | | Cooperation
is
deemed to be a reference to the Legislative |
19 | | Research Unit.
|
20 | | For purposes of the Successor Agency Act and Section 9b of |
21 | | the State Finance Act, on and after the effective date of this |
22 | | amendatory Act of the 100th General Assembly, the Commission on |
23 | | Government Forecasting and Accountability is the successor to |
24 | | the Legislative Research Unit. The Commission on Government |
25 | | Forecasting and Accountability succeeds to and assumes all |
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1 | | powers, duties, rights, responsibilities, personnel, assets, |
2 | | liabilities, and indebtedness of the Legislative Research Unit |
3 | | with 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 |
7 | | function of the Commission on Government Forecasting and |
8 | | Accountability
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 |
16 | | Government Forecasting and Accountability Legislative
Research |
17 | | Unit is established as the information
center for the
General |
18 | | Assembly in the field of federal-state relations and as State
|
19 | | Central Information Reception Agency for the purpose of |
20 | | receiving
information from federal agencies under the United |
21 | | States Office
of Management and Budget circular A-98 and the |
22 | | United States Department
of the Treasury Circular TC-1082 or |
23 | | any successor circulars promulgated
under authority of the |
24 | | United States Inter-governmental Cooperation Act of
1968. Its |
25 | | powers and duties in this capacity include, but are not limited |
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1 | | to:
|
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 |
20 | | legislative
and judicial branches of State government, and the |
21 | | elected State
executive officers, not including the Governor, |
22 | | shall submit to
the Commission on Government Forecasting and |
23 | | Accountability Legislative Research Unit , in a manner |
24 | | prescribed by
the Commission on Government Forecasting and |
25 | | Accountability Legislative Research Unit , summaries
of |
26 | | applications for federal funds filed and grants of federal |
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1 | | funds 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 |
5 | | Accountability Legislative Research Unit
shall
establish such |
6 | | committees as it deems
advisable, in order that they may confer |
7 | | and formulate proposals concerning
effective means to secure |
8 | | intergovernmental harmony, and may perform other
functions for |
9 | | the Commission Unit in obedience to its decision. Subject
to |
10 | | the
approval of the Commission Unit , the member or members of |
11 | | each such
committee
shall be appointed by the co-chairmen of |
12 | | the Commission Unit . State
officials or
employees who are not |
13 | | members of the Commission Unit may be appointed as members of |
14 | | any such committee, but private
citizens holding no |
15 | | governmental position in this State shall not be
eligible. The |
16 | | Commission Unit may provide such other rules as it
considers
|
17 | | appropriate concerning the membership and the functioning of |
18 | | any such
committee. The Commission Unit may provide for |
19 | | advisory boards for
itself and
for its various committees, and |
20 | | may 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 |
24 | | efficient and productive
use of federal block grant funds can |
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1 | | be achieved through the coordinated
efforts of the Legislature, |
2 | | the Executive, State and local agencies and
private citizens. |
3 | | Such coordination is possible through the creation of
an |
4 | | Advisory Committee on Block Grants empowered to review, analyze |
5 | | and make
recommendations through the Commission on Government |
6 | | Forecasting and Accountability Legislative Research Unit to |
7 | | the
General Assembly and the Governor
on the use of federally |
8 | | funded block grants.
|
9 | | The Commission on Government Forecasting and |
10 | | Accountability Legislative Research Unit shall establish an |
11 | | Advisory
Committee
on Block Grants.
The primary purpose of the |
12 | | Advisory Committee shall be the oversight of
the distribution |
13 | | and use of federal block grant funds.
|
14 | | The Advisory Committee shall consist of 4 public members |
15 | | appointed
by the Joint Committee on Legislative Support |
16 | | Services and the members
of the Commission on Government |
17 | | Forecasting and Accountability Legislative Research Unit . A |
18 | | chairperson shall be
chosen by the members of the Advisory
|
19 | | Committee.
|
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 |
23 | | Accountability Legislative Research Unit
shall
report to the |
24 | | Governor and to the Legislature
within 15 days after the |
25 | | convening of each General Assembly,
and at
such other time as |
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1 | | it deems appropriate. The members of all
committees which it |
2 | | establishes shall serve without compensation for such
service, |
3 | | but they shall be paid their necessary expenses in carrying out
|
4 | | their obligations under this Act. The Commission Unit may by
|
5 | | contributions to the
Council of State Governments, participate |
6 | | with other states in maintaining
the said Council's district |
7 | | and central secretariats, and its other
governmental services.
|
8 | | The requirement for reporting to the General Assembly shall |
9 | | be satisfied
by filing copies of the report with the Speaker, |
10 | | the Minority Leader and
the Clerk of the House of |
11 | | Representatives and the President, the
Minority
Leader and the |
12 | | Secretary of the Senate, and filing such additional copies
with |
13 | | the State Government Report Distribution Center for the General |
14 | | Assembly
as is required under paragraph (t) of Section 7 of the |
15 | | State 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
|
20 | | Cooperation Conference Fund, hereinafter called the "Fund". |
21 | | The Fund shall
be outside the State treasury, but the State |
22 | | Treasurer shall act as
ex-officio custodian of the Fund.
|
23 | | (b) The Commission on Government Forecasting and |
24 | | Accountability Legislative Research Unit
may charge and
|
25 | | collect fees from participants at
conferences held in |
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1 | | connection with the Commission's Unit's exercise of
its powers
|
2 | | and duties. The fees shall be charged in an amount calculated |
3 | | to cover the
cost of the conferences and shall be deposited in |
4 | | the Fund.
|
5 | | (c) Monies in the Fund shall be used to pay the costs of |
6 | | the
conferences.
As soon as may be practicable after the close |
7 | | of business on June 30 of
each year, the Commission Unit shall |
8 | | notify the Comptroller of the
amount
remaining in the Fund |
9 | | which is not necessary to pay the expenses of
conferences held |
10 | | during the expiring fiscal year. Such amount shall be
|
11 | | transferred by the Comptroller and the Treasurer from the Fund |
12 | | to the
General Revenue Fund. If, during
any fiscal year, the |
13 | | monies in the Fund are insufficient to pay the costs
of |
14 | | conferences held during that fiscal year, the difference shall |
15 | | be paid
from other monies which may be available to the |
16 | | Commission.
|
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 |
20 | | established as a
legislative support services agency until the |
21 | | effective date of this amendatory Act of the 100th General |
22 | | Assembly . The Legislative Research Unit is
subject to the |
23 | | provisions of this Act, and shall exercise the powers and
|
24 | | duties delegated to it herein and such other functions as may |
25 | | be provided by law.
|
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1 | | For purposes of the Successor Agency Act and Section 9b of |
2 | | the State Finance Act, on and after the effective date of this |
3 | | amendatory Act of the 100th General Assembly, the Commission on |
4 | | Government Forecasting and Accountability is the successor to |
5 | | the Legislative Research Unit. The Commission on Government |
6 | | Forecasting and Accountability succeeds to and assumes all |
7 | | powers, duties, rights, responsibilities, personnel, assets, |
8 | | liabilities, and indebtedness of the Legislative Research Unit |
9 | | with 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 |
13 | | Accountability Legislative Research Unit shall collect |
14 | | information
concerning the government and
general welfare of |
15 | | the State, examine the effects of constitutional
provisions and |
16 | | previously enacted statutes, consider important issues of
|
17 | | public policy and questions of state-wide interest, and perform |
18 | | research
and provide information as may be requested by the |
19 | | members of the General
Assembly or as the Joint Committee on |
20 | | Legislative Support Services
considers necessary or desirable.
|
21 | | The Commission on Government Forecasting and |
22 | | Accountability Legislative Research Unit shall maintain an |
23 | | up-to-date computerized
record of the information required to |
24 | | be reported to it by Section 1 of "An
Act concerning State |
25 | | boards and commissions and amending a named Act",
enacted by |
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1 | | the 86th General
Assembly, which information shall be a public |
2 | | record under The Freedom of
Information Act. The Commission on |
3 | | Government Forecasting and Accountability Legislative Research |
4 | | Unit may prescribe forms for
making initial reports and reports |
5 | | of change under that Section, and may
request information to |
6 | | verify 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 |
10 | | Accountability Legislative Research Unit may administer a |
11 | | legislative
staff internship program in cooperation with a |
12 | | university in the State
designated by the Commission on |
13 | | Government Forecasting and Accountability Legislative Research |
14 | | Unit .
|
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 |
18 | | Accountability Legislative Research Unit , upon the |
19 | | recommendation of the sponsoring
committee, shall recruit, |
20 | | select, appoint, fix the stipends of, and assign
interns to |
21 | | appropriate officers and agencies of the General Assembly for
|
22 | | the pursuit of education, study or research. Such persons shall |
23 | | be
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 |
3 | | Accountability Legislative Research Unit may accept monetary |
4 | | gifts or grants from a
charitable foundation or from a |
5 | | professional association or from other
reputable sources for |
6 | | the operation of a legislative staff internship
program. Such |
7 | | gifts and grants may be held in trust by the Commission on |
8 | | Government Forecasting and Accountability Legislative Research |
9 | | Unit and
expended for operating the program. Expenses of |
10 | | operating the program may
also be paid out of funds |
11 | | appropriated to the Commission on Government Forecasting and |
12 | | Accountability Legislative Research Unit or to the
General |
13 | | Assembly, 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 |
17 | | on Government Forecasting and Accountability Legislative
|
18 | | Research Unit shall prepare and provide
to each member of the |
19 | | General Assembly abstracts and indexes of reports
filed with it |
20 | | as reports to the General Assembly. With such abstracts and
|
21 | | indexes the Commission on Government Forecasting and |
22 | | Accountability Legislative Research Unit shall include a |
23 | | convenient form by which
each member of the General Assembly |
24 | | may request, from the State Government
Report Distribution |
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1 | | Center in the State Library, copies of such reports
as the |
2 | | member may wish to receive.
For the purpose of receiving |
3 | | reports filed under this Section the Commission on Government |
4 | | Forecasting and Accountability
Legislative Research Unit shall |
5 | | succeed to the powers and duties formerly
exercised by the |
6 | | Legislative Council.
|
7 | | (Source: P.A. 93-632, eff. 2-1-04.)
|
8 | | Section 105. The Legislative Reference Bureau Act is |
9 | | amended 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, |
13 | | catalogue, classify,
index, completely digest, topically |
14 | | index, and summarize all bills,
resolutions, and orders |
15 | | introduced in each branch of the General Assembly, as
well as |
16 | | related amendments, conference committee reports, and veto |
17 | | messages, as
soon as practicable after they have been printed |
18 | | or otherwise published.
|
19 | | (b) The Digest shall be published online each week during |
20 | | the regular and special sessions of the
General Assembly when |
21 | | practical. Cumulative editions of the Digest shall be published |
22 | | online and in printed form after the first year, and after |
23 | | adjournment sine die, of each General Assembly.
|
24 | | (c) The Legislative Reference Bureau shall furnish the |
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1 | | printed cumulative edition of the Digest, without
cost, as |
2 | | follows: 2 copies of the Digest to each member of the General |
3 | | Assembly, 1 copy to
each elected State officer in the executive |
4 | | department, 40 copies to the Chief
Clerk of the House of |
5 | | Representatives and 30 copies to the Secretary of the
Senate |
6 | | for the use of the committee clerks and employees of the |
7 | | respective
offices, 15 copies to the Commission on Government |
8 | | Forecasting and Accountability Legislative Research Unit , and |
9 | | the number of copies
requested in writing by the President of |
10 | | the Senate, the Speaker of the House,
the Minority Leader of |
11 | | the Senate, and the Minority Leader of the House.
|
12 | | (d) The Legislative Reference Bureau shall also furnish to |
13 | | each county
clerk, without cost, one copy of the printed |
14 | | cumulative edition of the Digest for each 100,000 inhabitants |
15 | | or
fraction thereof in his or her county according to the last |
16 | | preceding federal
decennial census.
|
17 | | (d-5) Any person to whom a set number of copies of the |
18 | | printed 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, |
21 | | signed by the applicant and accompanied by the payment of
a fee |
22 | | of $55, the Legislative Reference Bureau shall furnish to the
|
23 | | applicant a copy of the printed cumulative edition of the |
24 | | Digest for the calendar year issued after receipt of
the |
25 | | application. |
26 | | (f) For the calendar year beginning January 1, 2018, and |
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1 | | each calendar year thereafter, any person who receives one or |
2 | | more copies of the printed cumulative edition under subsection |
3 | | (c), (d), or (e) may, upon request, receive a set of the |
4 | | printed interim editions for that year. Requests for printed |
5 | | interim editions must be received before January 1 of the year |
6 | | to which the request applies.
|
7 | | (Source: P.A. 100-239, eff. 8-18-17.)
|
8 | | Section 110. The Legislative Information System Act is |
9 | | amended 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 |
12 | | time,
programming and systems, input-output devices and all |
13 | | necessary,
related equipment, supplies and services as are |
14 | | required for
data processing applications by the Legislative |
15 | | Reference Bureau,
the Commission on Government Forecasting and |
16 | | Accountability Legislative Research Unit , the Clerk of the |
17 | | House of Representatives
and the Secretary of the Senate in |
18 | | performing 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 |
22 | | Assembly,
by April 1 of each odd-numbered year, summarizing its
|
23 | | accomplishments in the preceding 2 years and its |
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1 | | recommendations,
including any proposed legislation it |
2 | | considers necessary or
desirable to effectuate the purposes of |
3 | | this Act.
|
4 | | The requirement for reporting to the General Assembly shall |
5 | | be satisfied
by filing copies of the report with the Speaker, |
6 | | the Minority Leader and
the Clerk of the House of |
7 | | Representatives and the President, the Minority
Leader and the |
8 | | Secretary of the Senate and the Legislative
Research
Unit, as |
9 | | required
by Section 3.1 of the General Assembly Organization |
10 | | Act, and filing such additional copies
with the State |
11 | | Government Report Distribution Center for the General Assembly
|
12 | | as is required under paragraph (t) of Section 7 of the State |
13 | | Library 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
|
17 | | committee for conceptualization, design and implementation
of |
18 | | applications considered or adopted by the System. The
advisory |
19 | | committee shall be comprised of (a) 8 legislative
staff |
20 | | assistants, 2 to be appointed by the Speaker of the
House of |
21 | | Representatives, 2 by the Minority Leader thereof,
2 by the |
22 | | President of the Senate and 2 by the Minority Leader
thereof, |
23 | | but at least one of the appointments by each
legislative leader |
24 | | must be from the staff of legislative
appropriation committees; |
25 | | (b) one professional staff member
from the Legislative |
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1 | | Reference Bureau, appointed by the
Executive Director thereof; |
2 | | and one from the Commission on Government Forecasting and |
3 | | Accountability Legislative
Research Unit ,
appointed by the |
4 | | Executive Director thereof; and (c) the Executive Director of
|
5 | | the Legislative Information System, who shall serve as
|
6 | | temporary chairman of the advisory committee until a permanent
|
7 | | chairman is chosen from among its members. Members of the
|
8 | | advisory 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 |
11 | | amended 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 |
14 | | Auditor General and
other financial statements and shall |
15 | | determine what remedial measures, if
any, are needed, and |
16 | | whether special studies and investigations are
necessary. If |
17 | | the Commission shall deem such studies and investigations to
be |
18 | | necessary, the Commission may direct the Auditor General to |
19 | | undertake
such studies or investigations.
|
20 | | When a disagreement between the Audit Commission and an |
21 | | agency under the
Governor's jurisdiction arises in the process |
22 | | of the Audit Commission's
review of audit reports relating to |
23 | | such agency, the Audit Commission shall
promptly advise the |
24 | | Governor of such areas of disagreement. The Governor
shall |
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1 | | respond to the Audit Commission within a reasonable period of |
2 | | time,
and in no event later than 60 days, expressing his views |
3 | | concerning such
areas of disagreement and indicating the |
4 | | corrective action taken by his
office with reference thereto |
5 | | or, if no action is taken, indicating the
reasons therefor.
|
6 | | The Audit Commission also promptly shall advise all other |
7 | | responsible
officials of the Executive, Judicial and |
8 | | Legislative branches of the State
government of areas of |
9 | | disagreement arising in the process of the
Commission's review |
10 | | of their respective audit reports. With reference to
his |
11 | | particular office, each such responsible official shall |
12 | | respond to the
Audit Commission within a reasonable period of |
13 | | time, and in no event later
than 60 days, expressing his view |
14 | | concerning such areas of disagreement and
indicating the |
15 | | corrective action taken with reference thereto or stating
the |
16 | | reasons that no action has been taken.
|
17 | | The Commission shall report its activities to the General |
18 | | Assembly
including such remedial measures as it deems to be |
19 | | necessary. The report of
the Commission shall be made to the |
20 | | General Assembly not
less often than annually and not later |
21 | | than March 1 in each year.
|
22 | | The requirement for reporting to the General Assembly shall |
23 | | be satisfied
by filing copies of the report with the Speaker, |
24 | | the Minority Leader and
the Clerk of the House of |
25 | | Representatives and the President, the Minority
Leader and the |
26 | | Secretary of the Senate and the Legislative Research
Unit, as |
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1 | | required
by Section 3.1 of the General Assembly Organization |
2 | | Act "An Act to revise the law in relation to the General |
3 | | Assembly",
approved February 25, 1874, as amended , and filing |
4 | | such additional copies
with the State Government Report |
5 | | Distribution Center for the General Assembly
as is required |
6 | | under
paragraph (t) of Section 7 of the State Library Act.
|
7 | | In addition, the Commission has the powers and duties |
8 | | provided for in the
"Illinois State Auditing Act", enacted by |
9 | | the 78th General Assembly, and,
if the provisions of that Act |
10 | | are conflict with those of this Act, that Act prevails.
|
11 | | (Source: P.A. 84-1438.)
|
12 | | Section 120. The Commission on Government Forecasting and |
13 | | Accountability Act is amended by changing Sections 3 and 4 and |
14 | | by 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 |
15 | | be satisfied
by filing copies of the report with the Speaker, |
16 | | the Minority Leader and
the Clerk of the House of |
17 | | Representatives and the President, the Minority
Leader and the |
18 | | Secretary of the Senate and the Legislative
Research
Unit, as |
19 | | required by Section 3.1 of the General Assembly
Organization |
20 | | Act, and
filing such additional copies with the State |
21 | | Government Report Distribution
Center for the General Assembly |
22 | | as is required under paragraph (t) of
Section 7 of the State |
23 | | Library Act.
|
24 | | (Source: P.A. 96-958, eff. 7-1-10.)
|
25 | | (25 ILCS 155/4) (from Ch. 63, par. 344) |
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1 | | Sec. 4. (a) The Commission shall publish, at the convening |
2 | | of each regular
session of the General Assembly, a report on |
3 | | the estimated income of the
State from all applicable revenue |
4 | | sources for the next ensuing fiscal
year and of any other funds |
5 | | estimated to be available for such fiscal
year. The Commission, |
6 | | in its discretion, may consult with the Governor's Office of |
7 | | Management and Budget in preparing the report. On the third |
8 | | Wednesday in March after the session convenes, the
Commission |
9 | | shall issue a revised and updated set of revenue figures
|
10 | | reflecting the latest available information. The House and |
11 | | Senate by
joint resolution shall adopt or modify such estimates |
12 | | as may be
appropriate. The joint resolution shall constitute |
13 | | the General
Assembly's estimate, under paragraph (b) of Section |
14 | | 2 of Article VIII of
the Constitution, of the funds estimated |
15 | | to be available during the next
fiscal year.
|
16 | | (b) On the third Wednesday in March, the Commission shall |
17 | | issue 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 |
23 | | beginning the following
July 1.
|
24 | | (c) The requirement for reporting to the General Assembly |
25 | | shall be satisfied
by filing copies of the report with the |
26 | | Speaker, the Minority Leader and
the Clerk of the House of |
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1 | | Representatives and the President, the Minority
Leader and the |
2 | | Secretary of the Senate and the Legislative
Research
unit, as |
3 | | required by Section 3.1 of the General Assembly
Organization |
4 | | Act, and filing
such
additional copies with the State |
5 | | Government Report Distribution Center for the
General Assembly |
6 | | as is required under paragraph (t) of Section 7 of the State
|
7 | | Library 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 |
11 | | and after the effective date of this amendatory Act of the |
12 | | 100th General Assembly: |
13 | | (a) All powers, duties, rights, and responsibilities of the |
14 | | Legislative Research Unit are transferred to the Commission on |
15 | | Government Forecasting and Accountability. Any reference in |
16 | | any law, rule, form, or other document to the Legislative |
17 | | Research Unit is deemed to be a reference to the Commission on |
18 | | Government Forecasting and Accountability. |
19 | | (b) All powers, duties, rights, and responsibilities of the |
20 | | Executive Director of the Legislative Research Unit are |
21 | | transferred to the Executive Director of the Commission on |
22 | | Government Forecasting and Accountability. Any reference in |
23 | | any law, appropriation, rule, form, or other document to the |
24 | | Executive Director of the Legislative Research Unit is deemed |
25 | | to be a reference to the Executive Director of the Commission |
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1 | | on Government Forecasting and Accountability for all purposes. |
2 | | (c) All personnel of the Legislative Research Unit are |
3 | | transferred to the Commission on Government Forecasting and |
4 | | Accountability. The status and rights of the transferred |
5 | | personnel under the Personnel Code, the Illinois Public Labor |
6 | | Relations Act, and applicable collective bargaining agreements |
7 | | or under any pension, retirement, or annuity plan shall not be |
8 | | affected by this Section. |
9 | | (d) All books, records, papers, documents, property (real |
10 | | and personal), contracts, causes of action, and pending |
11 | | business of the Legislative Research Unit shall be transferred |
12 | | to the Commission on Government Forecasting and |
13 | | Accountability. |
14 | | (e) All unexpended appropriations and balances and other |
15 | | funds available for use by the Legislative Research Unit shall |
16 | | be transferred for use by the Commission on Government |
17 | | Forecasting and Accountability. Unexpended balances so |
18 | | transferred shall be expended only for the purpose for which |
19 | | the appropriations were originally made. |
20 | | (f) The powers, duties, rights, and responsibilities of the |
21 | | Legislative Research Unit with respect to the personnel |
22 | | transferred under this Section shall be vested in and shall be |
23 | | exercised by the Commission on Government Forecasting and |
24 | | Accountability. |
25 | | (g) Whenever reports or notices are now required to be made |
26 | | or given or papers or documents furnished or served by any |
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1 | | person to or upon the Legislative Research Unit, the same shall |
2 | | be made, given, furnished, or served in the same manner to or |
3 | | upon the Commission on Government Forecasting and |
4 | | Accountability. |
5 | | (h) Any rules of the Legislative Research Unit that are in |
6 | | full force on the effective date of this amendatory Act of the |
7 | | 100th General Assembly shall become the rules of the Commission |
8 | | on Government Forecasting and Accountability. This Section |
9 | | does not affect the legality of any such rules in the Illinois |
10 | | Administrative Code. |
11 | | (i) Any proposed rules filed with the Secretary of State by |
12 | | the Legislative Research Unit that are pending in the |
13 | | rulemaking process on the effective date of this amendatory Act |
14 | | of the 100th General Assembly, and that pertain to the powers, |
15 | | duties, rights, and responsibilities transferred under this |
16 | | Section, shall be deemed to have been filed by the Commission |
17 | | on Government Forecasting and Accountability. As soon as |
18 | | practicable, the Commission on Government Forecasting and |
19 | | Accountability shall revise and clarify the rules transferred |
20 | | to it under this Section using the procedures for |
21 | | recodification of rules available under the Illinois |
22 | | Administrative Procedure Act, except that existing title, |
23 | | part, and section numbering for the affected rules may be |
24 | | retained. The Commission on Government Forecasting and |
25 | | Accountability may propose and adopt under the Illinois |
26 | | Administrative Procedure Act such other rules of the |
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1 | | Legislative Research Unit that will now be administered by the |
2 | | Commission on Government Forecasting and Accountability. |
3 | | Section 125. The Illinois State Auditing Act is amended by |
4 | | changing 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 |
7 | | year, the Auditor General shall submit to the
Commission, the |
8 | | General Assembly and the Governor an annual report
summarizing |
9 | | all audits, investigations and special studies made under this
|
10 | | Act during the last preceding calendar year.
|
11 | | Once each 3 months, the Auditor General shall submit to the |
12 | | Commission a
quarterly report concerning the operation of his |
13 | | office, including relevant
fiscal and personnel matters, |
14 | | details of any contractual services utilized
during that |
15 | | period, a summary of audits and studies still in process and
|
16 | | such other information as the Commission requires.
|
17 | | The Auditor General shall prepare and distribute such other |
18 | | reports as
may be required by the Commission.
|
19 | | All post audits directed by resolution of the House or |
20 | | Senate shall be
reported to the members of the General |
21 | | Assembly, unless the directing
resolution specifies otherwise.
|
22 | | The requirement for reporting to the General Assembly shall |
23 | | be satisfied
by filing copies of the report with the Speaker, |
24 | | the Minority Leader and
the Clerk of the House of |
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1 | | Representatives and the President, the Minority
Leader and the |
2 | | Secretary of the Senate and the Legislative Research
Unit, as |
3 | | required
by Section 3.1 of the General Assembly Organization |
4 | | Act "An Act to revise the law in relation to the General |
5 | | Assembly",
approved February 25, 1874, as amended , and filing |
6 | | such additional copies
with the State Government Report |
7 | | Distribution Center for the General Assembly
as is required |
8 | | under paragraph (t) of Section 7 of the State Library Act.
|
9 | | (Source: P.A. 84-1438.)
|
10 | | Section 130. The Intergovernmental Drug Laws Enforcement |
11 | | Act 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 |
14 | | February
1, to the Governor and the General Assembly on the |
15 | | operations of the
Metropolitan Enforcement Groups, including a |
16 | | breakdown of the
appropriation for the current fiscal year |
17 | | indicating the amount of the
State grant each MEG received or |
18 | | will receive.
|
19 | | The requirement for reporting to the General Assembly shall |
20 | | be satisfied
by filing copies of the report with the Speaker, |
21 | | the Minority Leader and
the Clerk of the House of |
22 | | Representatives and the President, the Minority
Leader and the |
23 | | Secretary of the Senate and the Legislative Research
Unit, as |
24 | | required
by Section 3.1 of the General Assembly Organization |
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1 | | Act "An Act to revise the law in relation to the General |
2 | | Assembly",
approved February 25, 1874, as amended , and filing |
3 | | such additional copies
with the State Government
Report |
4 | | Distribution Center for the General Assembly as is required |
5 | | under
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 |
8 | | Sections 4 and 7 as follows: |
9 | | (30 ILCS 805/4) (from Ch. 85, par. 2204)
|
10 | | Sec. 4. Collection and maintenance of information |
11 | | concerning state
mandates.
|
12 | | (a) The Department of Commerce and Economic Opportunity, |
13 | | hereafter referred to
as the Department, shall be responsible |
14 | | for:
|
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, |
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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 |
13 | | Accountability Legislative Research Unit shall conduct
public |
14 | | hearings as needed to review the
information collected and the
|
15 | | recommendations made by the Department under this subsection |
16 | | (a). The
Department shall cooperate fully with the Commission |
17 | | on Government Forecasting and Accountability Legislative |
18 | | Research Unit , providing any
information, supporting |
19 | | documentation and other assistance required by the Commission |
20 | | on Government Forecasting and Accountability
Legislative |
21 | | Research Unit to facilitate the conduct of the
hearing.
|
22 | | (b) Within 2 years following the effective date of this |
23 | | Act,
the Department shall collect and tabulate relevant |
24 | | information as to the
nature and scope of each existing State |
25 | | mandate, including but not
necessarily limited to (i) identity |
26 | | of type of local government and
local government agency or |
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1 | | official to whom the mandate is directed;
(ii) whether or not |
2 | | an identifiable local direct cost is necessitated by
the |
3 | | mandate and the estimated annual amount; (iii) extent of State
|
4 | | financial participation, if any, in meeting identifiable |
5 | | costs;
(iv) State agency, if any, charged with supervising the |
6 | | implementation
of the mandate; and (v) a brief description of |
7 | | the mandate and a citation of
its origin in statute or |
8 | | regulation.
|
9 | | (c) The resulting information from subsection (b) shall
be |
10 | | published in a catalog
available to members of the General |
11 | | Assembly, State and local officials,
and interested citizens. |
12 | | As new mandates are enacted they shall be added
to the catalog, |
13 | | and each January 31 the Department shall list each new
mandate |
14 | | enacted at the preceding session of the General Assembly, and
|
15 | | the estimated additional identifiable direct costs, if any |
16 | | imposed upon
local governments. A revised version of the |
17 | | catalog shall be published
every 2 years beginning with the |
18 | | publication date of the first catalog.
|
19 | | (d) Failure of the General Assembly to appropriate adequate
|
20 | | funds for reimbursement as required by this Act shall not |
21 | | relieve the
Department of Commerce and Economic Opportunity |
22 | | from
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. |
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1 | | (a) Beginning with the 2019 catalog and every other year |
2 | | thereafter, concurrently with, or within
3 months subsequent to |
3 | | the publication of a catalog of State mandates as
prescribed in |
4 | | subsection (b) of Section 4, the Department shall submit to
the |
5 | | Governor and the General Assembly a review and report on |
6 | | mandates enacted in the previous 2 years
and remaining in |
7 | | effect at the time of submittal
of the report. The Department |
8 | | may fulfill its responsibilities for compiling the report by |
9 | | entering into a contract for service.
|
10 | | Beginning with the 2017 catalog and every 10 years |
11 | | thereafter, concurrently with, or within 3 months subsequent to |
12 | | the publication of a catalog of State mandates as prescribed in |
13 | | subsection (b) of Section 4, the Department shall submit to the |
14 | | Governor and the General Assembly a review and report on all |
15 | | effective mandates at the time of submittal of the reports. |
16 | | (b) The report shall include for each mandate the factual
|
17 | | information specified in subsection (b) of Section 4 for the |
18 | | catalog. The report may also include the following: (1)
extent |
19 | | to which the enactment of the mandate was requested, supported, |
20 | | encouraged
or opposed by local governments or their respective |
21 | | organization;
(2) whether the mandate continues to meet a |
22 | | Statewide policy objective or
has achieved the initial policy |
23 | | intent in whole or in part; (3) amendments
if any are required |
24 | | to make the mandate more effective; (4) whether the mandate
|
25 | | should be retained or rescinded; (5) whether State financial |
26 | | participation
in helping meet the identifiable increased local |
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1 | | costs arising from the
mandate should be initiated, and if so, |
2 | | recommended ratios and phasing-in
schedules; (6) any other |
3 | | information or recommendations which the
Department considers |
4 | | pertinent; (7) any comments about the mandate submitted by |
5 | | affected units of government; and (8) a statewide cost of |
6 | | compliance estimate.
|
7 | | (c) The appropriate committee of each house of the General |
8 | | Assembly shall
review the report and shall initiate such |
9 | | legislation or other action as
it deems necessary.
|
10 | | The requirement for reporting to the General Assembly shall |
11 | | be satisfied
by filing copies of the report with the Speaker, |
12 | | the Minority Leader and
the Clerk of the House of |
13 | | Representatives and the President, the Minority
Leader, the |
14 | | Secretary of the Senate, the members of the committees required
|
15 | | to review the report under subsection (c) and the Legislative |
16 | | Research
Unit, as
required by Section 3.1 of the General |
17 | | Assembly Organization Act, and filing such
additional copies |
18 | | with the State Government Report Distribution Center for
the |
19 | | General Assembly as is required under paragraph (t) of Section |
20 | | 7 of
the State Library Act.
|
21 | | (Source: P.A. 99-789, eff. 8-12-16; 100-201, eff. 8-18-17; |
22 | | 100-242, eff. 1-1-18 .)
|
23 | | Section 140. The Property Tax Code is amended by changing |
24 | | Section 16-190 as follows:
|
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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 |
4 | | its proceedings and orders and the record shall be
a public |
5 | | record. In all cases where the contesting party is seeking a |
6 | | change of
$100,000 or more in assessed valuation, the |
7 | | contesting party must provide a
court reporter at his or her |
8 | | own expense. The original certified transcript of
such hearing |
9 | | shall be forwarded to the Springfield office of the Property |
10 | | Tax
Appeal Board and shall become part of the Board's official |
11 | | record of the
proceeding on appeal. Each year the Property Tax |
12 | | Appeal Board shall publish a
volume containing a synopsis of |
13 | | representative cases decided by the Board
during that year. The |
14 | | publication shall be organized by or cross-referenced by
the |
15 | | issue presented before the Board in each case contained in the
|
16 | | publication. The publication shall be available for inspection |
17 | | by the public at
the Property Tax Appeal Board offices and |
18 | | copies shall be available for a
reasonable cost, except as |
19 | | provided in Section 16-191.
|
20 | | (b) The Property Tax Appeal Board shall provide annually, |
21 | | no later than
February 1, to the Governor and the General |
22 | | Assembly 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 |
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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 |
8 | | Assembly shall be
satisfied by filing copies of the report with |
9 | | the 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 |
25 | | changing Sections 1A-108, 5-226, 6-220, 21-120, and 22A-109 as |
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1 | | follows:
|
2 | | (40 ILCS 5/1A-108)
|
3 | | Sec. 1A-108. Report to the Governor and General Assembly. |
4 | | On or before
October 1 following the convening of a regular |
5 | | session of the General Assembly,
the Division shall submit a |
6 | | report to the Governor and General Assembly setting
forth the |
7 | | latest financial statements on the pension funds operating in |
8 | | the
State of Illinois, a summary of the current provisions |
9 | | underlying these funds,
and a report on any changes that have |
10 | | occurred in these provisions since the
date of the last such |
11 | | report submitted by the Division.
|
12 | | The report shall also include the results of examinations |
13 | | made by the
Division of any pension fund and any specific |
14 | | recommendations for legislative
and administrative correction |
15 | | that the Division deems necessary. The report
may embody |
16 | | general recommendations concerning desirable changes in any |
17 | | existing
pension, annuity, or retirement laws designed to |
18 | | standardize and establish
uniformity in their basic provisions |
19 | | and to bring about an improvement in the
financial condition of |
20 | | the pension funds. The purposes of these
recommendations and |
21 | | the objectives sought shall be clearly expressed in the
report.
|
22 | | The requirement for reporting to the General Assembly shall |
23 | | be satisfied by
filing copies of the report with the Speaker, |
24 | | the Minority Leader, and the
Clerk of the House of |
25 | | Representatives, the President, the Minority Leader, and
the |
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1 | | Secretary of the Senate, and the Legislative Research Unit, as |
2 | | required by
Section 3.1 of the General Assembly Organization |
3 | | Act, and filing additional
copies with the State Government |
4 | | Report Distribution Center for the General
Assembly as required |
5 | | under paragraph (t) of Section 7 of the State Library
Act.
|
6 | | Upon request, the Division shall distribute additional |
7 | | copies of the report
at no charge to the secretary of each |
8 | | pension fund established under Article 3
or 4, the treasurer or |
9 | | fiscal officer of each municipality with an established
police |
10 | | or firefighter pension fund, the executive director of every |
11 | | other
pension fund established under this Code, and to public |
12 | | libraries, State
agencies, and police, firefighter, and |
13 | | municipal 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 |
17 | | Insurance.
The Director of Insurance biennially shall make a |
18 | | thorough examination
of the fund provided for in this Article. |
19 | | He or she shall report the results
thereof with such |
20 | | recommendations as he or she deems proper to the Governor for
|
21 | | transmittal to the General Assembly, and send a copy to the |
22 | | board and to
the city council of the city. The city council |
23 | | shall file such report and
recommendations in the official |
24 | | record of its proceedings.
|
25 | | The requirement for reporting to the General Assembly shall |
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1 | | be satisfied
by filing copies of the report with the Speaker, |
2 | | the Minority Leader and
the Clerk of the House of |
3 | | Representatives and the President, the Minority
Leader and the |
4 | | Secretary of the Senate and the Legislative Research
Unit, as |
5 | | required
by Section 3.1 of the General Assembly Organization |
6 | | Act "An Act to revise the law in relation to the General |
7 | | Assembly",
approved February 25, 1874, as amended , and filing |
8 | | such additional copies
with the State Government Report |
9 | | Distribution Center for the General Assembly
as is required |
10 | | under
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 |
14 | | insurance.
The Director of Insurance biennially shall make a |
15 | | thorough examination
of the fund provided for in this Article. |
16 | | He or she shall report the results
thereof with such |
17 | | recommendations as he or she deems proper to the Governor for
|
18 | | transmittal to the General Assembly and send a copy to the |
19 | | board and to the
city council of the city. The city council |
20 | | shall file such report and
recommendations in the official |
21 | | record of its proceedings.
|
22 | | The requirement for reporting to the General Assembly shall |
23 | | be satisfied
by filing copies of the report with the Speaker, |
24 | | the Minority Leader and
the Clerk of the House of |
25 | | Representatives and the President, the Minority
Leader and the |
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1 | | Secretary of the Senate and the Legislative Research
Unit, as |
2 | | required
by Section 3.1 of the General Assembly Organization |
3 | | Act "An Act to revise the law in relation to the General |
4 | | Assembly",
approved February 25, 1874, as amended , and filing |
5 | | such additional copies
with the State Government Report |
6 | | Distribution Center for the General Assembly
as is required |
7 | | under 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 |
11 | | to the
General Assembly at the
beginning of each Regular |
12 | | Session, covering the administration and
operation of this |
13 | | Article during the preceding biennium, including such
|
14 | | recommendations for amendments to this Article as it considers |
15 | | proper.
|
16 | | The requirement for reporting to the General Assembly shall |
17 | | be satisfied
by filing copies of the report with the Speaker, |
18 | | the Minority Leader and
the Clerk of the House of |
19 | | Representatives and the President, the Minority
Leader and the |
20 | | Secretary of the Senate and the Legislative Research
Unit, as |
21 | | required by Section 3.1 of the General Assembly Organization |
22 | | Act "An Act to revise the law in relation
to the General |
23 | | Assembly",
approved February 25, 1874, as amended , and filing |
24 | | such additional copies
with the State Government Report |
25 | | Distribution Center for the General Assembly
as is required |
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1 | | under 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 |
5 | | of 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. |
16 | | The appointive
members shall serve for terms of 4 years except |
17 | | that the terms of office of the
original appointive members |
18 | | pursuant to this amendatory Act of the 96th General Assembly |
19 | | shall be as follows: One member for a term of 1
year; 1 member |
20 | | for a term of 2 years; 1 member for a term of 3 years; and 2 |
21 | | members for a term of 4 years. Vacancies among the appointive
|
22 | | members shall be filled for unexpired terms by appointment in
|
23 | | like manner as for original appointments, and appointive |
24 | | members shall
continue in office until their successors have |
25 | | been appointed and have
qualified.
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1 | | Notwithstanding any provision of this Section to the |
2 | | contrary, the term of office of each trustee of the Board |
3 | | appointed by the Governor who is sitting on the Board on the |
4 | | effective date of this amendatory Act of the 96th General |
5 | | Assembly is terminated on that effective date. A trustee |
6 | | sitting on the board on the effective date of this amendatory |
7 | | Act of the 96th General Assembly may not hold over in office |
8 | | for more than 60 days after the effective date of this |
9 | | amendatory Act of the 96th General Assembly. Nothing in this |
10 | | Section shall prevent the Governor from making a temporary |
11 | | appointment or nominating a trustee holding office on the day |
12 | | before the effective date of this amendatory Act of the 96th |
13 | | General Assembly. |
14 | | Each person appointed to membership shall qualify by taking |
15 | | an oath of
office before the Secretary of State stating that he |
16 | | will diligently and
honestly administer the affairs of the |
17 | | board and will not violate or knowingly
permit the violation of |
18 | | any provisions of this Article.
|
19 | | Members of the board shall receive no salary for service on |
20 | | the board but
shall be reimbursed for travel expenses incurred |
21 | | while on business for the
board according to the standards in |
22 | | effect for members of the Commission on Government Forecasting |
23 | | and Accountability Illinois
Legislative Research Unit .
|
24 | | A majority of the members of the board shall constitute a |
25 | | quorum. The
board shall elect from its membership, biennially, |
26 | | a Chairman, Vice Chairman
and a Recording Secretary. These |
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1 | | officers, together with one other member
elected by the board, |
2 | | shall constitute the executive committee. During the
interim |
3 | | between regular meetings of the board, the executive committee |
4 | | shall
have authority to conduct all business of the board and |
5 | | shall report such
business conducted at the next following |
6 | | meeting of the board for ratification.
|
7 | | No member of the board shall have any interest in any |
8 | | brokerage fee,
commission or other profit or gain arising out |
9 | | of any investment made by
the board. This paragraph does not |
10 | | preclude ownership by any member of any
minority interest in |
11 | | any common stock or any corporate obligation in which
|
12 | | investment is made by the board.
|
13 | | The board shall contract for a blanket fidelity bond in the |
14 | | penal sum of
not less than $1,000,000.00 to cover members of |
15 | | the board, the director and
all other employees of the board |
16 | | conditioned for the faithful performance of
the duties of their |
17 | | respective offices, the premium on which shall be paid by
the |
18 | | board.
|
19 | | (Source: P.A. 99-708, eff. 7-29-16.)
|
20 | | Section 150. The Midwestern Higher Education Compact Act is |
21 | | amended 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 |
24 | | Accountability, Legislative Research Unit in
order to ensure |
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1 | | the purposes of this Act as determined by Section 1, shall
in |
2 | | January of 1993 and each January thereafter report to the |
3 | | Governor and
General Assembly. This report shall contain a |
4 | | program evaluation and
recommendations as to the advisability |
5 | | of the continued participation of
Illinois in the Midwestern |
6 | | Higher Education Compact.
|
7 | | (Source: P.A. 93-632, eff. 2-1-04.)
|
8 | | Section 155. The Illinois Fire Protection Training Act is |
9 | | amended 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 |
13 | | other powers and duties given to the Office by this Act, the |
14 | | Office:
|
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.
|
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1 | | The requirement for reporting to the General Assembly shall |
2 | | be satisfied
by filing copies of the report with the Speaker, |
3 | | the Minority Leader and
the Clerk of the House of |
4 | | Representatives and the President, the Minority
Leader and the |
5 | | Secretary of the Senate and the Legislative Research
Unit, as |
6 | | required
by Section 3.1 of the General Assembly Organization |
7 | | Act "An Act to revise the law in relation to the General |
8 | | Assembly",
approved February 25, 1874, as amended , and filing |
9 | | such additional copies
with the State Government Report |
10 | | Distribution Center for the General Assembly
as is required |
11 | | under 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 |
15 | | other powers and duties given to the Office by this Act, the |
16 | | Office:
|
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 |
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1 | | activities of the Office
for the preceding year.
|
2 | | The requirement for reporting to the General Assembly shall |
3 | | be satisfied
by filing copies of the report with the Speaker, |
4 | | the Minority Leader and
the Clerk of the House of |
5 | | Representatives and the President, the Minority
Leader and the |
6 | | Secretary of the Senate and the Legislative Research
Unit, as |
7 | | required
by Section 3.1 of the General Assembly Organization |
8 | | Act "An Act to revise the law in relation to the General |
9 | | Assembly",
approved February 25, 1874, as amended , and filing |
10 | | such 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. 100-600, eff. 1-1-19.)
|
14 | | Section 160. The Illinois Municipal Code is amended by |
15 | | changing 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 |
18 | | kept so as to
clearly exhibit the state of the prisoners, the |
19 | | number received and
discharged, the number employed as servants |
20 | | or in cultivating or improving
the premises, the number |
21 | | employed in each branch of industry carried on,
and the |
22 | | receipts from, and expenditures for, and on account of, each
|
23 | | department of business, or for improvement of the premises. A |
24 | | quarterly
statement shall be made out, which shall specify |
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1 | | minutely, all receipts and
expenditures, from whom received and |
2 | | to whom paid, and for what purpose,
proper vouchers for each, |
3 | | to be audited and certified by the inspectors, and
submitted to |
4 | | the comptroller of the city, and by him or her, to the |
5 | | corporate
authorities thereof, for examination and approval. |
6 | | The accounts of the
house of correction shall be annually |
7 | | closed and balanced on the first day
of January of each year, |
8 | | and a full report of the operations of the
preceding year shall |
9 | | be made out and submitted to the corporate authorities
of the |
10 | | city, and to the Governor of the state, to be transmitted
by |
11 | | the Governor to the General Assembly.
|
12 | | The requirement for reporting to the General Assembly shall |
13 | | be satisfied
by filing copies of the report with the Speaker, |
14 | | the Minority Leader and
the Clerk of the House of |
15 | | Representatives and the President, the Minority
Leader and the |
16 | | Secretary of the Senate and the Legislative Research
Unit, as
|
17 | | required by Section 3.1 of the General Assembly Organization |
18 | | Act "An Act to revise the law in relation to the
General |
19 | | Assembly", approved February 25, 1874, as amended , and filing |
20 | | such
additional copies with the State Government Report |
21 | | Distribution Center for
the General Assembly as is required |
22 | | under 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 |
25 | | amended by changing Section 2 as follows:
|
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1 | | (70 ILCS 10/2) (from Ch. 15 1/2, par. 252)
|
2 | | Sec. 2.
(a) Governmental units in each of the party states |
3 | | are hereby
authorized to combine in the creation of an airport |
4 | | authority for the
purpose of jointly supporting and operating |
5 | | an airport terminal and all
properties attached thereto. The |
6 | | number of such governmental units are
not limited as to |
7 | | character or size except that membership shall be
composed of |
8 | | an equal number of members from each party state, designated
or |
9 | | appointed by the legislative body of the participating |
10 | | governmental
unit: Provided, That the federal government may be |
11 | | represented by a
non-voting agent or representative if |
12 | | authorized by federal law.
|
13 | | (b) The authorized airport authority shall come into being |
14 | | upon the
passage of resolutions or ordinances containing |
15 | | identical agreement duly
and legally enacted by the legislative |
16 | | bodies of the governmental units
to be combined into the |
17 | | airport authority. If passage is by resolution,
it may be joint |
18 | | or several, however, the resolution, ordinance or
enabling |
19 | | legislation of the combining governmental units shall provide
|
20 | | for the number of members, the residence requirements of the |
21 | | members,
the length of term of the members and shall authorize |
22 | | the appointment of
an additional member to be made by the |
23 | | governor of each party state. If
the member appointed by the |
24 | | governor shall be selected from the
membership or staff of the |
25 | | Department of Aeronautics or its successor agency
or |
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1 | | aeronautics
commission of his state, there shall be no |
2 | | limitation as to place of
residence, and the length of tenure |
3 | | of office shall be at the pleasure
of the governor.
|
4 | | (c) The respective members of the airport authority, except |
5 | | any
member representing the federal government, shall each be |
6 | | entitled to
one vote. Any action of the membership of the |
7 | | airport authority shall
not be official unless taken at a |
8 | | meeting in which a majority of the
voting members from each |
9 | | party state are present and unless a majority
of those from |
10 | | each state concur: Provided, That any action not binding
for |
11 | | such reason may be ratified within thirty days by the |
12 | | concurrence of
a majority of the members of each party state. |
13 | | In the absence of any
member, his vote may be cast by another |
14 | | representative or member of his
state if the representative |
15 | | casting such vote shall have a written
proxy in proper form as |
16 | | may be required by the airport authority.
|
17 | | (d) The airport authority may sue and be sued, and shall |
18 | | adopt an
official seal.
|
19 | | (e) The airport authority shall have the power to appoint |
20 | | and remove
or discharge personnel as may be necessary for the |
21 | | performance of the
airport's functions irrespective of the |
22 | | civil service, personnel or
other merit system laws of either |
23 | | of the party states.
|
24 | | (f) The airport authority shall elect annually, from its |
25 | | membership,
a chairman, a vice-chairman and a treasurer.
|
26 | | (g) The airport authority may establish and maintain or |
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1 | | participate
in programs of employee benefits as may be |
2 | | appropriate to afford
employees of the airport authority terms |
3 | | and conditions of employment
similar to those enjoyed by the |
4 | | employees of each of the party states.
|
5 | | (h) The airport authority may borrow, accept, or contract |
6 | | for the
services of personnel from any state or the United |
7 | | States or any
subdivision or agency thereof, from any |
8 | | interstate agency, or from any
institution, person, firm or |
9 | | corporation.
|
10 | | (i) The airport authority may accept for any of its |
11 | | purposes and
functions any and all donations and grants of |
12 | | money, equipment,
supplies, materials and services, |
13 | | conditional or otherwise, from any
state, from the United |
14 | | States, from any subdivision or agency thereof,
from any |
15 | | interstate agency, or from any institution, person, firm or
|
16 | | corporation; and may receive, utilize and dispose of the same.
|
17 | | (j) The airport authority may establish and maintain such |
18 | | facilities
as may be necessary for the transaction of its |
19 | | business. The airport
authority may acquire, hold and convey |
20 | | real and personal property and
any interest therein, and may |
21 | | enter into such contracts for the
improvements upon real estate |
22 | | appurtenant to the airport, including
farming, extracting |
23 | | minerals, subleasing, subdividing, promoting and
developing of |
24 | | such real estate as shall aid and encourage the
development and |
25 | | service of the airport. The airport authority may engage
|
26 | | contractors to provide airport services, and shall carefully |
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1 | | observe all
appropriate federal or state regulations in the |
2 | | operation of the air
facility.
|
3 | | (k) The airport authority may adopt official rules and |
4 | | regulations
for the conduct of its business, and may amend or |
5 | | rescind the same when
necessary.
|
6 | | (l) The airport authority shall annually make a report to |
7 | | the
governor of each party state concerning the activities of |
8 | | the airport
authority for the preceding year; and shall embody |
9 | | in such report
recommendations as may have been adopted by the |
10 | | airport authority. The
copies of such report shall be submitted |
11 | | to the legislature or general
assembly of each of the party |
12 | | states at any regular session of such
legislative body. The |
13 | | airport authority may issue such additional
reports as may be |
14 | | deemed necessary.
|
15 | | The requirement for reporting to the General Assembly shall |
16 | | be satisfied
by filing copies of the report with the Speaker, |
17 | | the Minority Leader and
the Clerk of the House of |
18 | | Representatives and the President, the Minority
Leader and the |
19 | | Secretary of the Senate and the Legislative Research
Unit, as |
20 | | required
by Section 3.1 of the General Assembly Organization |
21 | | Act "An Act to revise the law in relation to the General |
22 | | Assembly",
approved February 25, 1874, as amended , and filing |
23 | | such additional copies
with the State Government Report |
24 | | Distribution Center for the General Assembly
as is required |
25 | | under paragraph (t) of Section 7 of the State Library Act.
|
26 | | (Source: P.A. 84-1438.)
|
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1 | | Section 170. The Quad Cities Regional Economic Development
|
2 | | Authority Act, approved September 22, 1987 is amended by |
3 | | changing 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 |
6 | | shall
keep a record of the proceedings of the Authority. The |
7 | | treasurer of the
Authority shall be custodian of all Authority |
8 | | funds, and shall be bonded in
such amount as the other members |
9 | | of the Authority may designate. The
accounts and bonds of the |
10 | | Authority shall be set up and maintained in a
manner approved |
11 | | by the Auditor General, and the Authority shall file with
the |
12 | | Auditor General a certified annual report within 120 days after |
13 | | the
close of its fiscal year. The Authority shall also file |
14 | | with the Governor,
the Secretary of the Senate, the Clerk of |
15 | | the House of Representatives, and
the Commission on Government |
16 | | Forecasting and Accountability Legislative Research Unit , by |
17 | | March 1 of each year, a
written report covering its activities |
18 | | and any activities of any
instrumentality corporation |
19 | | established pursuant to this Act for the
previous fiscal year. |
20 | | In its report to be filed by March 1, 1988, the
Authority shall |
21 | | present an economic development strategy for the Quad
Cities |
22 | | region for the year beginning July 1, 1988 and for the 4 years |
23 | | next
ensuing. In each annual report thereafter, the Authority |
24 | | shall make
modifications in such economic development strategy |
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1 | | for the 4 years
beginning on the next ensuing July 1, to |
2 | | reflect changes in economic
conditions or other factors, |
3 | | including the policies of the Authority and
the State of |
4 | | Illinois. It also shall present an economic development
|
5 | | strategy for the fifth year beginning after the next ensuing |
6 | | July 1. The
strategy shall recommend specific legislative and |
7 | | administrative action by
the State, the Authority, units of |
8 | | local government or other governmental
agencies. Such |
9 | | recommendations may include, but are not limited to, new
|
10 | | programs, modifications to existing programs, credit |
11 | | enhancements for bonds
issued by the Authority, and amendments |
12 | | to this Act. When filed, such
report shall be a public record |
13 | | and
open for inspection at the offices of the Authority during |
14 | | normal business hours.
|
15 | | (Source: P.A. 93-632, eff. 2-1-04.)
|
16 | | Section 175. The Illinois Urban Development Authority Act |
17 | | is amended by changing Section 6 as follows: |
18 | | (70 ILCS 531/6)
|
19 | | Sec. 6. Records and reports of the Authority. The secretary |
20 | | shall keep a
record of the proceedings of the Authority. The |
21 | | treasurer of the Authority
shall be
custodian of all Authority |
22 | | funds, and shall be bonded in such amount as the
other
members |
23 | | of the Authority may designate. The accounts and bonds of the |
24 | | Authority
shall
be set up and maintained in a manner approved |
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1 | | by the Auditor General, and the
Authority
shall file with the |
2 | | Auditor General a certified annual report within 120 days
after |
3 | | the
close of its fiscal year. The Authority shall also file |
4 | | with the Governor, the
Secretary of
the Senate, the Clerk of |
5 | | the House of Representatives, and the Commission on Government |
6 | | Forecasting and Accountability Legislative Research Unit , by |
7 | | March 1 of each year, a written report
covering
its activities |
8 | | and any activities of any instrumentality corporation
|
9 | | established under
this Act for the previous fiscal year. In its |
10 | | report to be filed by March 1,
2010, the
Authority shall |
11 | | present an economic development strategy for all |
12 | | municipalities
with a
municipal poverty rate greater than 3% in |
13 | | excess of the statewide average, the
Authority
shall make |
14 | | modifications in the economic development strategy for the 4 |
15 | | years
beginning on the next ensuing July 1, to reflect changes |
16 | | in economic conditions
or
other factors, including the policies |
17 | | of the Authority and the State of
Illinois. It
shall also |
18 | | present an economic development strategy for the fifth year
|
19 | | beginning after the
next ensuing July 1. The strategy shall |
20 | | recommend specific legislative and
administrative action by |
21 | | the State, the Authority, units of local government,
or
other |
22 | | governmental agencies. These recommendations may include, but |
23 | | are not
limited to, new programs, modifications to existing |
24 | | programs, credit
enhancements for bonds issued by the |
25 | | Authority, and amendments to this Act.
When filed, the report |
26 | | shall be a public record and open for inspection at the
offices |
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1 | | of 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 |
4 | | by 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 |
8 | | of local government, body politic and corporate under
the |
9 | | corporate name of Illinois Medical District Commission,
|
10 | | hereinafter called the
Commission, whose general purpose in |
11 | | addition to and not in limitation of
those purposes and powers |
12 | | set 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
|
14 | | to contract and be contracted with, to sue and be sued in its |
15 | | corporate name, but judgment shall not in any case be issued |
16 | | against any property of the Commission, to have and use a |
17 | | common
seal, and to alter the same at pleasure. All actions |
18 | | sounding in tort
against the Commission shall be prosecuted in |
19 | | the Court of Claims. The
principal office of the Commission |
20 | | shall be in the city of Chicago, and
the Commission may |
21 | | establish such other offices within the state of
Illinois at |
22 | | such places as to the Commission shall seem advisable. Such
|
23 | | Commission shall consist of 7 members, 4 of whom shall be |
24 | | appointed by the
Governor, 2 by the Mayor of Chicago, and one |
25 | | by the President of the County
Board of Cook County. All |
26 | | members shall hold office for a term of 5 years
and until their |
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1 | | successors are appointed as provided in this
Act; provided, |
2 | | that as soon as possible after the effective date of this
|
3 | | amendatory Act, the Governor shall appoint 4 members for terms
|
4 | | expiring, respectively, on June 30, 1952, 1953, 1954 and 1955. |
5 | | The terms
of all members heretofore appointed by the Governor |
6 | | shall expire upon
the commencement of the terms of the members |
7 | | appointed pursuant to this
amendatory Act. Any vacancy in the |
8 | | membership of the Commission
occurring by reason of the death, |
9 | | resignation, disqualification, removal
or inability or refusal |
10 | | to act of any of the members of the Commission
shall be filled |
11 | | by the person who had appointed the particular member,
and for |
12 | | the unexpired term of office of that particular member. A |
13 | | vacancy
caused by the expiration of the period for which the |
14 | | member was appointed
shall be filled by a new appointment for a |
15 | | term of 5 years from the date of
such expiration of the prior 5 |
16 | | year term notwithstanding when such
appointment is actually |
17 | | made. The Commission shall obtain such personnel as to the |
18 | | Commission shall
seem advisable to carry out the purposes of |
19 | | this Act and the work of the
Commission. The Commission may |
20 | | appoint a General Attorney and define the
duties of that |
21 | | General Attorney.
|
22 | | The Commission shall hold regular meetings annually for the |
23 | | election
of a president, vice-president, secretary, and |
24 | | treasurer and for the
adoption of a budget. Special meetings |
25 | | may be called by the President or
by any 2 members. Each member |
26 | | shall take an oath of office for the
faithful performance of |
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1 | | his duties. Four members of the Commission shall
constitute a |
2 | | quorum for the transaction of business.
|
3 | | The Commission shall submit, to the General Assembly not |
4 | | later than
March 1 of each odd-numbered year, a detailed report |
5 | | covering its
operations for the 2 preceding calendar years and |
6 | | a statement of its
program for the next 2 years.
|
7 | | The requirement for reporting to the General Assembly shall |
8 | | be satisfied
by filing copies of the report with the Speaker, |
9 | | the Minority Leader and
the Clerk of the House of |
10 | | Representatives and the President, the Minority
Leader and the |
11 | | Secretary of the Senate and the Legislative Research
Unit, as |
12 | | required by Section 3.1 of the General Assembly Organization |
13 | | Act,
and filing such additional copies with the State |
14 | | Government Report
Distribution Center for the General Assembly |
15 | | as is required under paragraph
(t) of Section 7 of the State |
16 | | Library Act.
|
17 | | (Source: P.A. 97-825, eff. 7-18-12.)
|
18 | | Section 185. The Mid-Illinois Medical District Act is |
19 | | amended 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 |
23 | | corporate name of the Mid-Illinois
Medical District Commission
|
24 | | whose general purpose, in addition to and not in limitation of
|
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1 | | those 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
|
25 | | to contract and be contracted with, to sue and be sued except |
26 | | in actions
sounding in tort, to plead and be impleaded, to have |
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1 | | and use a common
seal, and to alter the same at pleasure. All |
2 | | actions sounding in tort
against the Commission shall be |
3 | | prosecuted in the Court of Claims. The
principal office of the |
4 | | Commission shall be in the City of Springfield.
|
5 | | (c) The Commission shall consist of the following members: |
6 | | 4 members
appointed by the Governor, with the advice and |
7 | | consent of the Senate; 4
members appointed by the Mayor of |
8 | | Springfield, with the advice
and consent of the Springfield |
9 | | city council; and one member
appointed by the Chairperson of |
10 | | the
County Board of Sangamon County.
The initial members of the |
11 | | Commission appointed by the Governor shall be
appointed for
|
12 | | terms ending, respectively on the second, third, fourth, and |
13 | | fifth
anniversaries of their appointments.
The initial members |
14 | | appointed by the Mayor of Springfield shall be appointed 2
each |
15 | | for terms ending, respectively, on the second and third |
16 | | anniversaries of
their
appointments. The initial member |
17 | | appointed by the Chairperson of the County
Board of Sangamon
|
18 | | County shall be appointed for a term ending on the fourth |
19 | | anniversary of the
appointment.
Thereafter, all the members |
20 | | shall be appointed to hold office for a term of 5
years and |
21 | | until their successors are appointed as provided in this Act. |
22 | | Within 60 days after the effective date of this amendatory |
23 | | Act of the 95th General Assembly, the Governor shall appoint 2 |
24 | | additional members to the Commission. One member shall serve |
25 | | for a term of 4 years and one member shall serve for a term of 5 |
26 | | years. Their successors shall be appointed for 5-year terms. |
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1 | | Those additional members and their successors shall be limited |
2 | | to residents of the following counties in
Illinois: Cass, |
3 | | Christian, Logan, Macoupin, Mason, Menard, Montgomery, Morgan, |
4 | | or Scott.
|
5 | | (d) Any vacancy in the membership of the Commission
|
6 | | occurring by reason of the death, resignation, |
7 | | disqualification, removal,
or inability or refusal to act of |
8 | | any of the members of the Commission
shall be filled by the |
9 | | authority that had appointed the particular member,
and for the |
10 | | unexpired term of office of that particular member. A vacancy
|
11 | | caused by the expiration of the period for which the member was |
12 | | appointed
shall be filled by a new appointment for a term of 5 |
13 | | years from the date of
the expiration of the prior 5-year term |
14 | | notwithstanding when the
appointment is actually made. The |
15 | | Commission shall obtain, under the
provisions of the Personnel |
16 | | Code, such personnel as to the Commission shall
deem advisable |
17 | | to carry out the purposes of this Act and the work of the
|
18 | | Commission.
|
19 | | (e) The Commission shall hold regular meetings annually for |
20 | | the election of
a President, Vice-President, Secretary, and |
21 | | Treasurer, for the adoption of a
budget, and for such other |
22 | | business as may properly come before it. The
Commission shall |
23 | | elect as the President a member of the
Commission appointed by |
24 | | the Mayor of Springfield and as the Vice-President
a member of |
25 | | the Commission appointed by the Governor.
The Commission shall |
26 | | establish the duties and responsibilities of its officers
by |
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1 | | rule. The President or any 4
members of the Commission
may call |
2 | | special meetings of the Commission. Each Commissioner shall |
3 | | take an
oath of office for the faithful performance of his or |
4 | | her duties. The
Commission may
not transact business at a |
5 | | meeting of the Commission unless there is present at
the |
6 | | meeting a quorum consisting of at least 6
Commissioners. |
7 | | Meetings may be held
by
telephone conference or other |
8 | | communications equipment by means of which all
persons |
9 | | participating in the meeting can communicate with each other.
|
10 | | (f) The Commission shall submit to the General Assembly, |
11 | | not later than
March 1 of each odd-numbered year, a detailed |
12 | | report covering its
operations for the 2 preceding calendar |
13 | | years and a statement of its
program for the next 2 years.
|
14 | | The requirement for reporting to the General Assembly shall |
15 | | be satisfied
by filing copies of the report with the Speaker, |
16 | | the Minority Leader, and
the Clerk of the House of |
17 | | Representatives and the President, the Minority
Leader, and the |
18 | | Secretary of the Senate and with the Legislative Research
Unit, |
19 | | as required by Section 3.1 of the General Assembly Organization |
20 | | Act,
and by filing such additional copies with the State |
21 | | Government Report
Distribution Center for the General Assembly |
22 | | as is required under paragraph
(t) of Section 7 of the State |
23 | | Library Act.
|
24 | | (g) The Auditor General shall conduct audits of the |
25 | | Commission in the same
manner as the Auditor General conducts |
26 | | audits of State agencies under the
Illinois State Auditing Act.
|
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1 | | (h) Neither the Commission nor the District have any power |
2 | | to tax.
|
3 | | (i) The Commission is a public body and subject to the Open |
4 | | Meetings 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 |
7 | | amended 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 |
11 | | corporate name of the Mid-America Medical District Commission
|
12 | | whose general purpose, in addition to and not in limitation of
|
13 | | those 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
|
13 | | to contract and be contracted with, to sue and be sued except |
14 | | in actions
sounding in tort, to plead and be impleaded, to have |
15 | | and use a common
seal, and to alter the same at pleasure. All |
16 | | actions sounding in tort
against the Commission shall be |
17 | | prosecuted in the Court of Claims. The
principal office of the |
18 | | Commission shall be located within the District. The Commission |
19 | | shall obtain, under the
provisions of the Personnel Code, such |
20 | | personnel as the Commission shall
deem advisable to carry out |
21 | | the purposes of this Act and the work of the
Commission.
|
22 | | (c) The
Commission shall consist of 15 appointed members |
23 | | and 3 ex-officio members. Three members shall be appointed by |
24 | | the Governor. Three members shall be appointed by the Mayor of |
25 | | East St. Louis, with the consent of the city council. Three |
26 | | members shall be appointed by the Chairman of the County Board |
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1 | | of St. Clair County. Three members shall be appointed by the |
2 | | Mayor of the City of Belleville with the advice and consent of |
3 | | the corporate authorities of the City of Belleville. Three |
4 | | members shall be appointed by the Mayor of the City of O'Fallon |
5 | | with the advice and consent of the corporate authorities of the |
6 | | City of O'Fallon. All appointed members shall hold office for a |
7 | | term of 3 years ending on December 31, and until their |
8 | | successors are appointed; except that of the initial appointed |
9 | | members, each appointing authority shall designate one |
10 | | appointee to serve for a term ending December 31, 2007, one |
11 | | appointee to serve for a term ending December 31, 2008, and one |
12 | | appointee to serve for a term ending December 31, 2009. Of the |
13 | | initial members appointed by the Mayor of the City of |
14 | | Belleville, with the advice and consent of the corporate |
15 | | authorities of the City of Belleville, the Mayor shall |
16 | | designate one appointee to serve for a term ending December 31, |
17 | | 2011, one appointee to serve for a term ending December 31, |
18 | | 2012, and one appointee to serve for a term ending December 31, |
19 | | 2013. Of the initial members appointed by the Mayor of the City |
20 | | of O'Fallon, with the advice and consent of the corporate |
21 | | authorities of the City of O'Fallon, the Mayor shall designate |
22 | | one appointee to serve for a term ending December 31, 2011, one |
23 | | appointee to serve for a term ending December 31, 2012, and one |
24 | | appointee to serve for a term ending December 31, 2013. |
25 | | The Director of Commerce and Economic Opportunity or his or |
26 | | her designee, the Director of Public Health or his or her |
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1 | | designee, and the Secretary of Human Services or his or her |
2 | | designee shall serve as ex-officio members.
|
3 | | (d) Any vacancy in the appointed membership of the |
4 | | Commission
occurring by reason of the death, resignation, |
5 | | disqualification, removal,
or inability or refusal to act of |
6 | | any of the members of the Commission
shall be filled by the |
7 | | authority that had appointed the particular member,
and for the |
8 | | unexpired term of office of that particular member.
|
9 | | (e) The Commission shall hold regular meetings annually for |
10 | | the election of
a President, Vice-President, Secretary, and |
11 | | Treasurer, for the adoption of a
budget, and for such other |
12 | | business as may properly come before it. The Commission shall |
13 | | establish the duties and responsibilities of its officers
by |
14 | | rule. The President or any 9 members of the Commission
may call |
15 | | special meetings of the Commission. Each Commissioner shall |
16 | | take an
oath of office for the faithful performance of his or |
17 | | her duties. The
Commission may
not transact business at a |
18 | | meeting of the Commission unless there is present at
the |
19 | | meeting a quorum consisting of at least 7
Commissioners. |
20 | | Meetings may be held
by
telephone conference or other |
21 | | communications equipment by means of which all
persons |
22 | | participating in the meeting can communicate with each other.
|
23 | | (f) The Commission shall submit to the General Assembly, |
24 | | not later than
March 1 of each odd-numbered year, a detailed |
25 | | report covering its
operations for the 2 preceding calendar |
26 | | years and a statement of its
program for the next 2 years.
|
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1 | | The requirement for reporting to the General Assembly shall |
2 | | be satisfied
by filing copies of the report with the Speaker, |
3 | | the Minority Leader, and
the Clerk of the House of |
4 | | Representatives and the President, the Minority
Leader, and the |
5 | | Secretary of the Senate and with the Legislative Research
Unit, |
6 | | as required by Section 3.1 of the General Assembly Organization |
7 | | Act,
and by filing such additional copies with the State |
8 | | Government Report
Distribution Center for the General Assembly |
9 | | as is required under paragraph
(t) of Section 7 of the State |
10 | | Library Act.
|
11 | | (g) The Auditor General shall conduct audits of the |
12 | | Commission in the same
manner as the Auditor General conducts |
13 | | audits of State agencies under the
Illinois State Auditing Act.
|
14 | | (h) Neither the Commission nor the District have any power |
15 | | to tax.
|
16 | | (i) The Commission is a public body and subject to the Open |
17 | | Meetings 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 |
20 | | amended by changing Section 10 as follows: |
21 | | (70 ILCS 935/10)
|
22 | | Sec. 10. The Roseland Community Medical District |
23 | | Commission. |
24 | | (a) There is created a body politic and corporate under the |
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1 | | corporate name of the Roseland Community Medical District |
2 | | Commission whose general purpose, in addition to and not in |
3 | | limitation of those purposes and powers set forth in this Act, |
4 | | is 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 |
24 | | to contract and be contracted with, to sue and be sued except |
25 | | in tort actions, to plead and be impleaded, to have and use a |
26 | | common seal, and to alter the same at pleasure. All tort |
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1 | | actions against the Commission shall be prosecuted in the Court |
2 | | of Claims. The principal office of the Commission shall be |
3 | | located at the Roseland Community Hospital. The Commission |
4 | | shall obtain any personnel as the Commission deems advisable to |
5 | | carry out the purposes of this Act and the work of the |
6 | | Commission. |
7 | | (c) The Commission shall consist of 9 appointed members and |
8 | | 3 ex officio members. Three members shall be appointed by the |
9 | | Governor. Three members shall be appointed by the Mayor of the |
10 | | City of Chicago. Three members shall be appointed by the |
11 | | Chairman of the County Board of Cook County. All appointed |
12 | | members shall hold office for a term of 3 years ending on |
13 | | December 31, and until their successors are appointed and have |
14 | | qualified; except that of the initial appointed members, each |
15 | | appointing authority shall designate one appointee to serve for |
16 | | a term ending December 31, 2011, one appointee to serve for a |
17 | | term ending December 31, 2012, and one appointee to serve for a |
18 | | term ending December 31, 2013.
The Director of Commerce and |
19 | | Economic Opportunity or his or her designee, the Director of |
20 | | Public Health or his or her designee, and the Secretary of |
21 | | Human Services or his or her designee shall serve as ex officio |
22 | | members.
|
23 | | (d) Any vacancy in the appointed membership of the |
24 | | Commission occurring by reason of the death, resignation, |
25 | | disqualification, removal, or inability or refusal to act of |
26 | | any of the members of the Commission shall be filled by the |
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1 | | authority that appointed the particular member, and for the |
2 | | unexpired term of office of that particular member.
|
3 | | (e) The Commission shall hold regular meetings annually for |
4 | | the election of a President, Vice President, Secretary, and |
5 | | Treasurer, for the adoption of a budget, and for any other |
6 | | business as may properly come before it. The Commission shall |
7 | | establish the duties and responsibilities of its officers by |
8 | | rule. The President or any 3 members of the Commission may call |
9 | | special meetings of the Commission. Each commissioner shall |
10 | | take an oath of office for the faithful performance of his or |
11 | | her duties. The Commission may not transact business at a |
12 | | meeting of the Commission unless there is present at the |
13 | | meeting a quorum consisting of at least 7 commissioners. |
14 | | Meetings may be held by telephone conference or other |
15 | | communications equipment by means of which all persons |
16 | | participating in the meeting can communicate with each other.
|
17 | | (f) The Commission shall submit to the General Assembly, |
18 | | not later than March 1 of each odd numbered year, a detailed |
19 | | report covering its operations for the 2 preceding calendar |
20 | | years and a statement of its program for the next 2 years. |
21 | | The requirement for reporting to the General Assembly shall |
22 | | be satisfied by filing copies of the report with the Speaker, |
23 | | the Minority Leader, and the Clerk of the House of |
24 | | Representatives; the President, the Minority Leader, and the |
25 | | Secretary of the Senate; the Legislative Research Unit as |
26 | | required by Section 3.1 of the General Assembly Organization |
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1 | | Act; and the State Government Report Distribution Center for |
2 | | the General Assembly as is required under paragraph (t) of |
3 | | Section 7 of the State Library Act.
|
4 | | (g) The Auditor General shall conduct audits of the |
5 | | Commission in the same manner as the Auditor General conducts |
6 | | audits of State agencies under the Illinois State Auditing Act.
|
7 | | (h) Neither the Commission nor the District have any power |
8 | | to tax.
|
9 | | (i) The Commission is a public body and subject to the Open |
10 | | Meetings 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 |
13 | | Act 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 |
16 | | and
consent of the Senate, a State Sanitary District Observer. |
17 | | The term of
the person first appointed shall expire on the |
18 | | third Monday in January,
1969. If the Senate is not in session |
19 | | when the first appointment is
made, the Governor shall make a |
20 | | temporary appointment as in the case of
a vacancy. Thereafter |
21 | | the term of office of the State Sanitary District
Observer |
22 | | shall be for 2 years commencing on the third Monday in January
|
23 | | of 1969 and each odd-numbered year thereafter. Any person |
24 | | appointed to
such office shall hold office for the duration of |
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1 | | his term and until his
successor is appointed and qualified.
|
2 | | The State Sanitary District Observer must have a knowledge |
3 | | of the
principles of sanitary engineering. He shall be paid |
4 | | from the State
Treasury an annual salary of $15,000 or as
set |
5 | | by the Compensation Review Board, whichever is greater, and |
6 | | shall also be
reimbursed for necessary expenses incurred in the |
7 | | performance of his duties.
|
8 | | The State Sanitary District Observer has the same right as |
9 | | any
Trustee or the Executive Director to attend any meeting in
|
10 | | connection with the business of The Metropolitan Sanitary |
11 | | District of
Greater Chicago. He shall have access to all |
12 | | records and works of the
District. He may conduct inquiries and |
13 | | investigations into the
efficiency and adequacy of the |
14 | | operations of the District, including the
effect of the |
15 | | operations of the District upon areas of the State outside
the |
16 | | boundaries of the District.
|
17 | | The State Sanitary District Observer shall report to the |
18 | | Governor,
the General Assembly, the Department of Natural |
19 | | Resources,
and the Environmental Protection Agency annually |
20 | | and more frequently if
requested by the Governor.
|
21 | | The requirement for reporting to the General Assembly shall |
22 | | be satisfied
by filing copies of the report with the Speaker, |
23 | | the Minority Leader and
the Clerk of the House of |
24 | | Representatives and the President, the Minority
Leader and the |
25 | | Secretary of the Senate and the Legislative Research Unit, as
|
26 | | required by Section 3.1 of the General Assembly Organization |
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1 | | Act "An Act to revise the law in relation to the General
|
2 | | Assembly", approved February 25, 1874, as amended , and filing |
3 | | such additional
copies with the State Government Report |
4 | | Distribution Center for the General
Assembly as is required |
5 | | under 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 |
8 | | Sections 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 |
11 | | Education. To establish a Department of Transitional Bilingual |
12 | | Education. In selecting
staff for the Department of |
13 | | Transitional
Bilingual Education the State Board of Education
|
14 | | shall give preference to persons
who are natives of foreign |
15 | | countries where languages to be used in
transitional bilingual |
16 | | education programs are the predominant languages.
The |
17 | | Department of Transitional Bilingual Education has the power |
18 | | and
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 |
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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 |
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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 |
21 | | thereafter, shall
prepare and submit to the Governor, Mayor, |
22 | | General Assembly, and City Council
a report which shall include |
23 | | the audited financial statement for the preceding
Fiscal Year |
24 | | of the Board, an approved Financial Plan or a statement of |
25 | | reasons
for the failure to adopt such a Financial Plan, a |
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1 | | statement of the major
steps necessary to accomplish the |
2 | | objectives of the Financial Plan, and
a request for any |
3 | | legislation necessary to achieve the objectives of the
|
4 | | Financial Plan.
|
5 | | (b) Annual reports shall be submitted on or before May 1 of |
6 | | each year.
|
7 | | (c) The requirement for reporting to the General Assembly |
8 | | shall be
satisfied by filing copies of the report with the |
9 | | Board, the Governor,
the Mayor and also the Speaker, the |
10 | | Minority Leader and the Clerk of the
House of Representatives |
11 | | and the President, the Minority Leader and the
Secretary of the |
12 | | Senate and the Legislative Research Unit, as required
by |
13 | | Section 3.1 of the General Assembly Organization Act "An Act to |
14 | | revise the law in relation to the General
Assembly", approved |
15 | | February 25, 1874, as amended , and filing such
additional |
16 | | copies with the State Government Report Distribution Center for
|
17 | | the General Assembly as is required under paragraph (t) of |
18 | | Section 7 of the
State Library Act.
|
19 | | (d) Each annual report required to be submitted through May |
20 | | 1, 1995,
shall also include: (i) a description of the |
21 | | activities of the Authority;
(ii) an analysis of the |
22 | | educational performance of the Board for
the preceding school |
23 | | year; (iii) an Approved System-Wide Educational Reform
Goals |
24 | | and Objectives Plan or a statement of reasons for the failure |
25 | | to
adopt such an Approved System-Wide Educational Reform Goals |
26 | | and Objectives
Plan; (iv) a statement of the major steps |
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1 | | necessary to accomplish the goals
of the Approved System-Wide |
2 | | Educational Reform Goals and Objectives Plan;
(v) a commentary |
3 | | with respect to those Board policies and rules and those
|
4 | | provisions of The School Code and collective bargaining |
5 | | agreements between
the Board and its employees which, in the |
6 | | opinion of the Authority, are
obstacles and a hindrance to |
7 | | fulfillment of any Approved System-Wide
Educational Reform |
8 | | Goals and Objectives Plan; and (vi) a request for any
|
9 | | legislative action necessary to achieve the goals of the |
10 | | Approved
System-Wide Educational Reform Goals and Objectives |
11 | | Plan.
|
12 | | (Source: P.A. 85-1418; 86-1477.)
|
13 | | Section 210. The P-20 Longitudinal Education Data System |
14 | | Act is amended by changing Section 15 as follows: |
15 | | (105 ILCS 13/15)
|
16 | | Sec. 15. Establishment of the longitudinal data system and |
17 | | data warehouse. |
18 | | (a) The State Education Authorities shall jointly |
19 | | establish and maintain a longitudinal data system by entering |
20 | | into one or more agreements that link early learning, |
21 | | elementary, and secondary school student unit records with |
22 | | institution of higher learning student unit records. To the |
23 | | extent authorized by this Section and Section 20 of this Act: |
24 | | (1) the State Board is responsible for collecting and |
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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 |
16 | | of funding through appropriations made specifically for the |
17 | | purposes of this Act, the State Education Authorities shall |
18 | | improve and expand the longitudinal data system to enable the |
19 | | State Education Authorities to perform or cause to be performed |
20 | | all 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 |
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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 |
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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 |
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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 |
6 | | of funding through appropriations made specifically for the |
7 | | purposes of this Act, the State Board shall establish a data |
8 | | warehouse that integrates data from multiple student unit |
9 | | record systems and supports all of the uses and functions of |
10 | | the longitudinal data system set forth in this Act. The data |
11 | | warehouse must be developed in cooperation with the Community |
12 | | College Board and the Board of Higher Education and must have |
13 | | the ability to integrate longitudinal data from early learning |
14 | | through the postsecondary level in accordance with one or more |
15 | | data sharing agreements entered into among the State Education |
16 | | Authorities. The data warehouse, as integrated with the |
17 | | longitudinal data system, must include, but is not limited to, |
18 | | all 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 |
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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 |
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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 |
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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 |
11 | | longitudinal data system, the State Education Authorities may, |
12 | | in addition to functions and activities specified elsewhere in |
13 | | this 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 |
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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 |
8 | | longitudinal data system, the State Education Authorities |
9 | | shall convene stakeholders and create opportunities for input |
10 | | and advice in the areas of data ownership, data use, research |
11 | | priorities, data management, confidentiality, data access, and |
12 | | reporting from the system. Such stakeholders include, but are |
13 | | not limited to, public and non-public institutions of higher |
14 | | learning, school districts, charter schools, non-public |
15 | | elementary and secondary schools, early learning programs, |
16 | | teachers, professors, parents, principals and administrators, |
17 | | school research consortiums, education policy and advocacy |
18 | | organizations, news media, the Illinois Student Assistance |
19 | | Commission, the Illinois Education Research Council, the |
20 | | Department of Commerce and Economic Opportunity, the Illinois |
21 | | Early Learning Council, and the Commission on Government |
22 | | Forecasting and Accountability Legislative Research Unit . |
23 | | (f) Representatives of the State Education Authorities |
24 | | shall report to and advise the Illinois P-20 Council on the |
25 | | implementation, operation, and expansion of the longitudinal |
26 | | data system. |
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1 | | (g) Appropriations made to the State Education Authorities |
2 | | for the purposes of this Act shall be used exclusively for |
3 | | expenses for the development and operation of the longitudinal |
4 | | data system. Authorized expenses of the State Education |
5 | | Authorities may relate to contracts with outside vendors for |
6 | | the development and operation of the system, agreements with |
7 | | other governmental entities or research organizations for |
8 | | authorized uses and functions of the system, technical support |
9 | | and training for entities submitting data to the system, or |
10 | | regular or contractual employees necessary for the system's |
11 | | development or operation.
|
12 | | (Source: P.A. 96-107, eff. 7-30-09.) |
13 | | Section 215. The Board of Higher Education Act is amended |
14 | | by 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 |
17 | | Assembly a written report
covering the activities engaged in |
18 | | and recommendations made. This report shall
be submitted in |
19 | | accordance with the
requirements of Section 3 of the State |
20 | | Finance Act.
|
21 | | The requirement for reporting to the General Assembly shall |
22 | | be satisfied
by filing electronic or paper copies of the report |
23 | | with the Speaker, the Minority Leader and
the Clerk of the |
24 | | House of Representatives and the President, the Minority
Leader |
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1 | | and the Secretary of the Senate and the Legislative Research
|
2 | | Unit, as required
by Section 3.1 of the General Assembly |
3 | | Organization Act, and filing such additional electronic or |
4 | | paper copies
with the State Government Report Distribution |
5 | | Center 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 |
9 | | by 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 |
12 | | Assembly
and the Governor the results and progress of the |
13 | | programs established by
this Act on or before March 15th.
|
14 | | The annual report to the General Assembly and the Governor |
15 | | shall include
the impact of programs established under this Act |
16 | | on the ability of
designated shortage areas to attract and |
17 | | retain physicians and other health
care personnel. The report |
18 | | shall include recommendations to improve that
ability.
|
19 | | The requirement for reporting to the General Assembly shall |
20 | | be satisfied
by filing copies of the report with the Speaker, |
21 | | the Minority Leader and
the Clerk of the House of |
22 | | Representatives and the President, the Minority
Leader and the |
23 | | Secretary of the Senate and the Legislative Research
Unit, as |
24 | | required by Section 3.1 of the General Assembly Organization |
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1 | | Act,
and filing such additional copies with the State |
2 | | Government Report
Distribution Center for the General Assembly |
3 | | as is required under paragraph
(t) of Section 7 of the State |
4 | | Library Act.
|
5 | | (Source: P.A. 86-965; 87-430; 87-633; 87-895.)
|
6 | | Section 225. The Governor's Scholars Board of Sponsors Act |
7 | | is 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 |
10 | | of its activities and
recommendations to the 77th General |
11 | | Assembly and to the Governor not later
than February 1, 1971 |
12 | | and by February 1 of each odd numbered year
thereafter and |
13 | | shall submit recommendations for such legislation as it
deems |
14 | | necessary.
|
15 | | The requirement for reporting to the General Assembly shall |
16 | | be satisfied
by filing copies of the report with the Speaker, |
17 | | the Minority Leader and
the Clerk of the House of |
18 | | Representatives and the President, the Minority
Leader and the |
19 | | Secretary of the Senate and the Legislative Research
Unit, as |
20 | | required
by Section 3.1 of the General Assembly Organization |
21 | | Act "An Act to revise the law in relation to the General |
22 | | Assembly",
approved February
25, 1874, as amended , and filing |
23 | | such additional copies with the State Government
Report |
24 | | Distribution Center for the General Assembly as is required |
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1 | | under
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 |
4 | | amended by changing Section 25 as follows:
|
5 | | (110 ILCS 978/25)
|
6 | | Sec. 25. Annual reports. The Department shall annually |
7 | | report to the General Assembly
and the Governor the results and |
8 | | progress of the programs established by
this Act on or before |
9 | | March 15th.
|
10 | | The Department shall, no later than July 1, 1994, report to |
11 | | the General
Assembly and the Governor concerning the impact of |
12 | | programs established
under this Act on the ability of |
13 | | designated shortage areas to attract and
retain podiatric |
14 | | physicians and other health care personnel. The report shall |
15 | | include
recommendations to improve that ability.
|
16 | | The requirement for reporting to the General Assembly shall |
17 | | be satisfied
by filing copies of the report with the Speaker, |
18 | | the Minority Leader and
the Clerk of the House of |
19 | | Representatives and the President, the Minority
Leader and the |
20 | | Secretary of the Senate and the Legislative Research
Unit, as |
21 | | required by Section 3.1 of the General Assembly Organization |
22 | | Act,
and filing additional copies with the State Government |
23 | | Report Distribution
Center for the General Assembly that are |
24 | | required under paragraph (t) of
Section 7 of the State Library |
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1 | | Act.
|
2 | | (Source: P.A. 87-1195.)
|
3 | | Section 235. The Coal Mining Act is amended by changing |
4 | | Section 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 |
7 | | report the Mining
Board shall compile and summarize the data to |
8 | | be included in the report
of the Mining Board, known as the |
9 | | Annual Coal Report, which shall within
four months thereafter, |
10 | | be printed, bound, and transmitted to the Governor
and General |
11 | | Assembly for the information of the public. The printing
and |
12 | | binding of the Annual Coal Reports shall
be provided for by the |
13 | | Department
of Central Management Services in like manner and |
14 | | numbers, as it provides
for the publication of other official |
15 | | reports.
|
16 | | The requirement for reporting to the General Assembly shall |
17 | | be satisfied
by filing copies of the report with the Speaker, |
18 | | the Minority Leader and
the Clerk of the House of |
19 | | Representatives and the President, the Minority
Leader and the |
20 | | Secretary of the Senate and the Legislative Research
Unit, as |
21 | | required
by Section 3.1 of the General Assembly Organization |
22 | | Act "An Act to revise the law in relation to the General |
23 | | Assembly",
approved February 25, 1874, as amended , and filing |
24 | | such additional copies
with the State Government Report |
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1 | | Distribution Center for the General Assembly
as is required |
2 | | under 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 |
5 | | changing 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 |
8 | | rule, shall
determine the quantity and quality of and the rate |
9 | | of reimbursement for the
medical assistance for which
payment |
10 | | will be authorized, and the medical services to be provided,
|
11 | | which may include all or part of the following: (1) inpatient |
12 | | hospital
services; (2) outpatient hospital services; (3) other |
13 | | laboratory and
X-ray services; (4) skilled nursing home |
14 | | services; (5) physicians'
services whether furnished in the |
15 | | office, the patient's home, a
hospital, a skilled nursing home, |
16 | | or elsewhere; (6) medical care, or any
other type of remedial |
17 | | care furnished by licensed practitioners; (7)
home health care |
18 | | services; (8) private duty nursing service; (9) clinic
|
19 | | services; (10) dental services, including prevention and |
20 | | treatment of periodontal disease and dental caries disease for |
21 | | pregnant women, provided by an individual licensed to practice |
22 | | dentistry or dental surgery; for purposes of this item (10), |
23 | | "dental services" means diagnostic, preventive, or corrective |
24 | | procedures provided by or under the supervision of a dentist in |
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1 | | the practice of his or her profession; (11) physical therapy |
2 | | and related
services; (12) prescribed drugs, dentures, and |
3 | | prosthetic devices; and
eyeglasses prescribed by a physician |
4 | | skilled in the diseases of the eye,
or by an optometrist, |
5 | | whichever the person may select; (13) other
diagnostic, |
6 | | screening, preventive, and rehabilitative services, including |
7 | | to ensure that the individual's need for intervention or |
8 | | treatment of mental disorders or substance use disorders or |
9 | | co-occurring mental health and substance use disorders is |
10 | | determined using a uniform screening, assessment, and |
11 | | evaluation process inclusive of criteria, for children and |
12 | | adults; for purposes of this item (13), a uniform screening, |
13 | | assessment, and evaluation process refers to a process that |
14 | | includes an appropriate evaluation and, as warranted, a |
15 | | referral; "uniform" does not mean the use of a singular |
16 | | instrument, tool, or process that all must utilize; (14)
|
17 | | transportation and such other expenses as may be necessary; |
18 | | (15) medical
treatment of sexual assault survivors, as defined |
19 | | in
Section 1a of the Sexual Assault Survivors Emergency |
20 | | Treatment Act, for
injuries sustained as a result of the sexual |
21 | | assault, including
examinations and laboratory tests to |
22 | | discover evidence which may be used in
criminal proceedings |
23 | | arising from the sexual assault; (16) the
diagnosis and |
24 | | treatment of sickle cell anemia; and (17)
any other medical |
25 | | care, and any other type of remedial care recognized
under the |
26 | | laws of this State. The term "any other type of remedial care" |
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1 | | shall
include nursing care and nursing home service for persons |
2 | | who rely on
treatment by spiritual means alone through prayer |
3 | | for healing.
|
4 | | Notwithstanding any other provision of this Section, a |
5 | | comprehensive
tobacco use cessation program that includes |
6 | | purchasing prescription drugs or
prescription medical devices |
7 | | approved by the Food and Drug Administration shall
be covered |
8 | | under the medical assistance
program under this Article for |
9 | | persons who are otherwise eligible for
assistance under this |
10 | | Article.
|
11 | | Notwithstanding any other provision of this Code, |
12 | | reproductive health care that is otherwise legal in Illinois |
13 | | shall be covered under the medical assistance program for |
14 | | persons who are otherwise eligible for medical assistance under |
15 | | this Article. |
16 | | Notwithstanding any other provision of this Code, the |
17 | | Illinois
Department may not require, as a condition of payment |
18 | | for any laboratory
test authorized under this Article, that a |
19 | | physician's handwritten signature
appear on the laboratory |
20 | | test order form. The Illinois Department may,
however, impose |
21 | | other appropriate requirements regarding laboratory test
order |
22 | | documentation.
|
23 | | Upon receipt of federal approval of an amendment to the |
24 | | Illinois Title XIX State Plan for this purpose, the Department |
25 | | shall authorize the Chicago Public Schools (CPS) to procure a |
26 | | vendor or vendors to manufacture eyeglasses for individuals |
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1 | | enrolled in a school within the CPS system. CPS shall ensure |
2 | | that its vendor or vendors are enrolled as providers in the |
3 | | medical assistance program and in any capitated Medicaid |
4 | | managed care entity (MCE) serving individuals enrolled in a |
5 | | school within the CPS system. Under any contract procured under |
6 | | this provision, the vendor or vendors must serve only |
7 | | individuals enrolled in a school within the CPS system. Claims |
8 | | for services provided by CPS's vendor or vendors to recipients |
9 | | of benefits in the medical assistance program under this Code, |
10 | | the Children's Health Insurance Program, or the Covering ALL |
11 | | KIDS Health Insurance Program shall be submitted to the |
12 | | Department or the MCE in which the individual is enrolled for |
13 | | payment and shall be reimbursed at the Department's or the |
14 | | MCE's established rates or rate methodologies for eyeglasses. |
15 | | On and after July 1, 2012, the Department of Healthcare and |
16 | | Family Services may provide the following services to
persons
|
17 | | eligible for assistance under this Article who are |
18 | | participating in
education, training or employment programs |
19 | | operated by the Department of Human
Services as successor to |
20 | | the 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 |
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1 | | Family Services shall provide dental services to any adult who |
2 | | is otherwise eligible for assistance under the medical |
3 | | assistance program. As used in this paragraph, "dental |
4 | | services" means diagnostic, preventative, restorative, or |
5 | | corrective procedures, including procedures and services for |
6 | | the prevention and treatment of periodontal disease and dental |
7 | | caries disease, provided by an individual who is licensed to |
8 | | practice dentistry or dental surgery or who is under the |
9 | | supervision of a dentist in the practice of his or her |
10 | | profession. |
11 | | On and after July 1, 2018, targeted dental services, as set |
12 | | forth in Exhibit D of the Consent Decree entered by the United |
13 | | States District Court for the Northern District of Illinois, |
14 | | Eastern Division, in the matter of Memisovski v. Maram, Case |
15 | | No. 92 C 1982, that are provided to adults under the medical |
16 | | assistance program shall be established at no less than the |
17 | | rates set forth in the "New Rate" column in Exhibit D of the |
18 | | Consent Decree for targeted dental services that are provided |
19 | | to persons under the age of 18 under the medical assistance |
20 | | program. |
21 | | Notwithstanding any other provision of this Code and |
22 | | subject to federal approval, the Department may adopt rules to |
23 | | allow a dentist who is volunteering his or her service at no |
24 | | cost to render dental services through an enrolled |
25 | | not-for-profit health clinic without the dentist personally |
26 | | enrolling as a participating provider in the medical assistance |
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1 | | program. A not-for-profit health clinic shall include a public |
2 | | health clinic or Federally Qualified Health Center or other |
3 | | enrolled provider, as determined by the Department, through |
4 | | which dental services covered under this Section are performed. |
5 | | The Department shall establish a process for payment of claims |
6 | | for reimbursement for covered dental services rendered under |
7 | | this provision. |
8 | | The Illinois Department, by rule, may distinguish and |
9 | | classify the
medical services to be provided only in accordance |
10 | | with the classes of
persons designated in Section 5-2.
|
11 | | The Department of Healthcare and Family Services must |
12 | | provide coverage and reimbursement for amino acid-based |
13 | | elemental formulas, regardless of delivery method, for the |
14 | | diagnosis and treatment of (i) eosinophilic disorders and (ii) |
15 | | short bowel syndrome when the prescribing physician has issued |
16 | | a written order stating that the amino acid-based elemental |
17 | | formula is medically necessary.
|
18 | | The Illinois Department shall authorize the provision of, |
19 | | and shall
authorize payment for, screening by low-dose |
20 | | mammography for the presence of
occult breast cancer for women |
21 | | 35 years of age or older who are eligible
for medical |
22 | | assistance 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, |
15 | | instruction on self-examination and
information regarding the |
16 | | frequency of self-examination and its value as a
preventative |
17 | | tool. For purposes of this Section, "low-dose mammography" |
18 | | means
the x-ray examination of the breast using equipment |
19 | | dedicated specifically
for mammography, including the x-ray |
20 | | tube, filter, compression device,
and image receptor, with an |
21 | | average radiation exposure delivery
of less than one rad per |
22 | | breast for 2 views of an average size breast.
The term also |
23 | | includes digital mammography and includes breast |
24 | | tomosynthesis. As used in this Section, the term "breast |
25 | | tomosynthesis" means a radiologic procedure that involves the |
26 | | acquisition of projection images over the stationary breast to |
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1 | | produce cross-sectional digital three-dimensional images of |
2 | | the breast. If, at any time, the Secretary of the United States |
3 | | Department of Health and Human Services, or its successor |
4 | | agency, promulgates rules or regulations to be published in the |
5 | | Federal Register or publishes a comment in the Federal Register |
6 | | or issues an opinion, guidance, or other action that would |
7 | | require the State, pursuant to any provision of the Patient |
8 | | Protection and Affordable Care Act (Public Law 111-148), |
9 | | including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any |
10 | | successor provision, to defray the cost of any coverage for |
11 | | breast tomosynthesis outlined in this paragraph, then the |
12 | | requirement that an insurer cover breast tomosynthesis is |
13 | | inoperative other than any such coverage authorized under |
14 | | Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and |
15 | | the State shall not assume any obligation for the cost of |
16 | | coverage for breast tomosynthesis set forth in this paragraph.
|
17 | | On and after January 1, 2016, the Department shall ensure |
18 | | that all networks of care for adult clients of the Department |
19 | | include access to at least one breast imaging Center of Imaging |
20 | | Excellence as certified by the American College of Radiology. |
21 | | On and after January 1, 2012, providers participating in a |
22 | | quality improvement program approved by the Department shall be |
23 | | reimbursed for screening and diagnostic mammography at the same |
24 | | rate as the Medicare program's rates, including the increased |
25 | | reimbursement for digital mammography. |
26 | | The Department shall convene an expert panel including |
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1 | | representatives of hospitals, free-standing mammography |
2 | | facilities, and doctors, including radiologists, to establish |
3 | | quality standards for mammography. |
4 | | On and after January 1, 2017, providers participating in a |
5 | | breast cancer treatment quality improvement program approved |
6 | | by the Department shall be reimbursed for breast cancer |
7 | | treatment at a rate that is no lower than 95% of the Medicare |
8 | | program's rates for the data elements included in the breast |
9 | | cancer treatment quality program. |
10 | | The Department shall convene an expert panel, including |
11 | | representatives of hospitals, free-standing free standing |
12 | | breast cancer treatment centers, breast cancer quality |
13 | | organizations, and doctors, including breast surgeons, |
14 | | reconstructive breast surgeons, oncologists, and primary care |
15 | | providers to establish quality standards for breast cancer |
16 | | treatment. |
17 | | Subject to federal approval, the Department shall |
18 | | establish a rate methodology for mammography at federally |
19 | | qualified health centers and other encounter-rate clinics. |
20 | | These clinics or centers may also collaborate with other |
21 | | hospital-based mammography facilities. By January 1, 2016, the |
22 | | Department shall report to the General Assembly on the status |
23 | | of the provision set forth in this paragraph. |
24 | | The Department shall establish a methodology to remind |
25 | | women who are age-appropriate for screening mammography, but |
26 | | who have not received a mammogram within the previous 18 |
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1 | | months, of the importance and benefit of screening mammography. |
2 | | The Department shall work with experts in breast cancer |
3 | | outreach and patient navigation to optimize these reminders and |
4 | | shall establish a methodology for evaluating their |
5 | | effectiveness and modifying the methodology based on the |
6 | | evaluation. |
7 | | The Department shall establish a performance goal for |
8 | | primary care providers with respect to their female patients |
9 | | over age 40 receiving an annual mammogram. This performance |
10 | | goal shall be used to provide additional reimbursement in the |
11 | | form of a quality performance bonus to primary care providers |
12 | | who meet that goal. |
13 | | The Department shall devise a means of case-managing or |
14 | | patient navigation for beneficiaries diagnosed with breast |
15 | | cancer. This program shall initially operate as a pilot program |
16 | | in areas of the State with the highest incidence of mortality |
17 | | related to breast cancer. At least one pilot program site shall |
18 | | be in the metropolitan Chicago area and at least one site shall |
19 | | be outside the metropolitan Chicago area. On or after July 1, |
20 | | 2016, the pilot program shall be expanded to include one site |
21 | | in western Illinois, one site in southern Illinois, one site in |
22 | | central Illinois, and 4 sites within metropolitan Chicago. An |
23 | | evaluation of the pilot program shall be carried out measuring |
24 | | health outcomes and cost of care for those served by the pilot |
25 | | program compared to similarly situated patients who are not |
26 | | served by the pilot program. |
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1 | | The Department shall require all networks of care to |
2 | | develop a means either internally or by contract with experts |
3 | | in navigation and community outreach to navigate cancer |
4 | | patients to comprehensive care in a timely fashion. The |
5 | | Department shall require all networks of care to include access |
6 | | for patients diagnosed with cancer to at least one academic |
7 | | commission on cancer-accredited cancer program as an |
8 | | in-network covered benefit. |
9 | | Any medical or health care provider shall immediately |
10 | | recommend, to
any pregnant woman who is being provided prenatal |
11 | | services and is suspected
of having a substance use disorder as |
12 | | defined in the Substance Use Disorder Act, referral to a local |
13 | | substance use disorder treatment program licensed by the |
14 | | Department of Human Services or to a licensed
hospital which |
15 | | provides substance abuse treatment services. The Department of |
16 | | Healthcare and Family Services
shall assure coverage for the |
17 | | cost of treatment of the drug abuse or
addiction for pregnant |
18 | | recipients in accordance with the Illinois Medicaid
Program in |
19 | | conjunction with the Department of Human Services.
|
20 | | All medical providers providing medical assistance to |
21 | | pregnant women
under this Code shall receive information from |
22 | | the Department on the
availability of services under any
|
23 | | program providing case management services for addicted women,
|
24 | | including information on appropriate referrals for other |
25 | | social services
that may be needed by addicted women in |
26 | | addition to treatment for addiction.
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1 | | The Illinois Department, in cooperation with the |
2 | | Departments of Human
Services (as successor to the Department |
3 | | of Alcoholism and Substance
Abuse) and Public Health, through a |
4 | | public awareness campaign, may
provide information concerning |
5 | | treatment for alcoholism and drug abuse and
addiction, prenatal |
6 | | health care, and other pertinent programs directed at
reducing |
7 | | the number of drug-affected infants born to recipients of |
8 | | medical
assistance.
|
9 | | Neither the Department of Healthcare and Family Services |
10 | | nor the Department of Human
Services shall sanction the |
11 | | recipient solely on the basis of
her substance abuse.
|
12 | | The Illinois Department shall establish such regulations |
13 | | governing
the dispensing of health services under this Article |
14 | | as it shall deem
appropriate. The Department
should
seek the |
15 | | advice of formal professional advisory committees appointed by
|
16 | | the Director of the Illinois Department for the purpose of |
17 | | providing regular
advice on policy and administrative matters, |
18 | | information dissemination and
educational activities for |
19 | | medical and health care providers, and
consistency in |
20 | | procedures to the Illinois Department.
|
21 | | The Illinois Department may develop and contract with |
22 | | Partnerships of
medical providers to arrange medical services |
23 | | for persons eligible under
Section 5-2 of this Code. |
24 | | Implementation of this Section may be by
demonstration projects |
25 | | in certain geographic areas. The Partnership shall
be |
26 | | represented by a sponsor organization. The Department, by rule, |
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1 | | shall
develop qualifications for sponsors of Partnerships. |
2 | | Nothing in this
Section shall be construed to require that the |
3 | | sponsor organization be a
medical organization.
|
4 | | The sponsor must negotiate formal written contracts with |
5 | | medical
providers for physician services, inpatient and |
6 | | outpatient hospital care,
home health services, treatment for |
7 | | alcoholism and substance abuse, and
other services determined |
8 | | necessary by the Illinois Department by rule for
delivery by |
9 | | Partnerships. Physician services must include prenatal and
|
10 | | obstetrical care. The Illinois Department shall reimburse |
11 | | medical services
delivered by Partnership providers to clients |
12 | | in target areas according to
provisions of this Article and the |
13 | | Illinois 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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1 | | qualifications to
participate in Partnerships to ensure the |
2 | | delivery of high quality medical
services. These |
3 | | qualifications shall be determined by rule of the Illinois
|
4 | | Department and may be higher than qualifications for |
5 | | participation in the
medical assistance program. Partnership |
6 | | sponsors may prescribe reasonable
additional qualifications |
7 | | for participation by medical providers, only with
the prior |
8 | | written approval of the Illinois Department.
|
9 | | Nothing in this Section shall limit the free choice of |
10 | | practitioners,
hospitals, and other providers of medical |
11 | | services by clients.
In order to ensure patient freedom of |
12 | | choice, the Illinois Department shall
immediately promulgate |
13 | | all rules and take all other necessary actions so that
provided |
14 | | services may be accessed from therapeutically certified |
15 | | optometrists
to the full extent of the Illinois Optometric |
16 | | Practice Act of 1987 without
discriminating between service |
17 | | providers.
|
18 | | The Department shall apply for a waiver from the United |
19 | | States Health
Care Financing Administration to allow for the |
20 | | implementation of
Partnerships under this Section.
|
21 | | The Illinois Department shall require health care |
22 | | providers to maintain
records that document the medical care |
23 | | and services provided to recipients
of Medical Assistance under |
24 | | this Article. Such records must be retained for a period of not |
25 | | less than 6 years from the date of service or as provided by |
26 | | applicable State law, whichever period is longer, except that |
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1 | | if an audit is initiated within the required retention period |
2 | | then the records must be retained until the audit is completed |
3 | | and every exception is resolved. The Illinois Department shall
|
4 | | require health care providers to make available, when |
5 | | authorized by the
patient, in writing, the medical records in a |
6 | | timely fashion to other
health care providers who are treating |
7 | | or serving persons eligible for
Medical Assistance under this |
8 | | Article. All dispensers of medical services
shall be required |
9 | | to maintain and retain business and professional records
|
10 | | sufficient to fully and accurately document the nature, scope, |
11 | | details and
receipt of the health care provided to persons |
12 | | eligible for medical
assistance under this Code, in accordance |
13 | | with regulations promulgated by
the Illinois Department. The |
14 | | rules and regulations shall require that proof
of the receipt |
15 | | of prescription drugs, dentures, prosthetic devices and
|
16 | | eyeglasses by eligible persons under this Section accompany |
17 | | each claim
for reimbursement submitted by the dispenser of such |
18 | | medical services.
No such claims for reimbursement shall be |
19 | | approved for payment by the Illinois
Department without such |
20 | | proof of receipt, unless the Illinois Department
shall have put |
21 | | into effect and shall be operating a system of post-payment
|
22 | | audit and review which shall, on a sampling basis, be deemed |
23 | | adequate by
the Illinois Department to assure that such drugs, |
24 | | dentures, prosthetic
devices and eyeglasses for which payment |
25 | | is being made are actually being
received by eligible |
26 | | recipients. Within 90 days after September 16, 1984 (the |
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1 | | effective date of Public Act 83-1439), the Illinois Department |
2 | | shall establish a
current list of acquisition costs for all |
3 | | prosthetic devices and any
other items recognized as medical |
4 | | equipment and supplies reimbursable under
this Article and |
5 | | shall update such list on a quarterly basis, except that
the |
6 | | acquisition costs of all prescription drugs shall be updated no
|
7 | | less frequently than every 30 days as required by Section |
8 | | 5-5.12.
|
9 | | Notwithstanding any other law to the contrary, the Illinois |
10 | | Department shall, within 365 days after July 22, 2013 (the |
11 | | effective date of Public Act 98-104), establish procedures to |
12 | | permit skilled care facilities licensed under the Nursing Home |
13 | | Care Act to submit monthly billing claims for reimbursement |
14 | | purposes. Following development of these procedures, the |
15 | | Department shall, by July 1, 2016, test the viability of the |
16 | | new system and implement any necessary operational or |
17 | | structural changes to its information technology platforms in |
|