Sen. Laura M. Murphy

Filed: 5/21/2020

 

 


 

 


 
10100HB2096sam003LRB101 04912 AWJ 72350 a

1
AMENDMENT TO HOUSE BILL 2096

2    AMENDMENT NO. ______. Amend House Bill 2096 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Township Code is amended by changing
5Sections 30-5 and 30-10 as follows:
 
6    (60 ILCS 1/30-5)
7    Sec. 30-5. Annual township meeting.
8    (a) The annual township meeting in the respective townships
9for the transaction of the business of the township shall be
10held on the second Tuesday of April in each year, after 6 p.m.,
11at the place appointed for those meetings. Elections for
12township officers shall be held in accordance with the
13consolidated schedule of elections prescribed by the general
14election law.
15    (b) Whenever the date designated in subsection (a)
16conflicts with the celebration of Passover, the township board

 

 

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1may postpone the annual township meeting to the first Tuesday
2following the last day of Passover.
3    (c) Whenever the consolidated election provided for in
4subsection (b) of Section 2A-1.1 of the Election Code is
5rescheduled to the second Tuesday in April under Section
62A-1.1a of the Election Code, the annual township meeting shall
7be held on the third Tuesday in April at the time designated by
8the electors or the township board, whichever is appropriate.
9    (d) If the Governor declares a disaster under Section 7 of
10the Illinois Emergency Management Agency Act and the disaster
11declaration is effective during the dates designated for a
12township's annual meeting under subsection (a), (b), or (c), a
13township board may postpone the annual meeting if circumstances
14related to the disaster declaration prevent a township from
15holding its annual meeting. An annual township meeting
16postponed under this subsection shall be held on the third
17Tuesday, after 6 p.m., of the month following the expiration of
18the disaster declaration. If a subsequent disaster is declared
19under Section 7 of the Illinois Emergency Management Agency Act
20prior to or one day after the expiration of the disaster
21declaration upon which the township board based its decision to
22postpone the annual meeting and the township board intends to
23proceed with the annual meeting during this subsequent disaster
24declaration, the township board must consult with and receive
25written approval from the county health department in order to
26proceed with the annual meeting during the course of the

 

 

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1subsequent disaster declaration.
2(Source: P.A. 88-62; incorporates 88-360; 88-670, eff.
312-2-94.)
 
4    (60 ILCS 1/30-10)
5    Sec. 30-10. Notice of meeting; agenda.
6    (a) Notice of the time and place of holding the annual and
7any special township meetings shall be given by the township
8clerk (or, in the clerk's absence, the supervisor, assessor, or
9collector) by posting written or printed notices in 3 of the
10most public places in the township at least 15 days before the
11meeting and, if there is an English language newspaper
12published in the township, by at least one publication in that
13newspaper before the meeting. The notice shall set forth the
14agenda for the meeting.
15    (b) Agenda. Not less than 15 days before the annual
16meeting, the township board shall adopt an agenda for the
17annual meeting. Any 15 or more registered voters in the
18township may request an agenda item for consideration by the
19electors at the annual meeting by giving written notice of a
20specific request to the township clerk no later than March 1
21prior to the annual meeting. The agenda published by the
22township board shall include any such request made by voters if
23the request is relevant to powers granted to electors under the
24Township Code.
25    (c) Additional agenda items. Any matter or proposal not set

 

 

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1forth in the published agenda shall not be considered at the
2annual meeting other than advising that the matter may be
3considered at a special meeting of the electors at a later
4date.
5    (d) Notice and agenda requirements for an annual township
6meeting that has been postponed under subsection (d) of Section
730-5 shall be the same as provided in this Section.
8(Source: P.A. 98-653, eff. 6-18-14.)
 
9    Section 10. Sections 20 and 25 of this Act may be referred
10to as the Cards for Kids Act.
 
11    Section 15. The Illinois Local Library Act is amended by
12changing Section 4-7 as follows:
 
13    (75 ILCS 5/4-7)  (from Ch. 81, par. 4-7)
14    Sec. 4-7. Each board of library trustees of a city,
15incorporated town, village or township shall carry out the
16spirit and intent of this Act in establishing, supporting and
17maintaining a public library or libraries for providing library
18service and, in addition to but without limiting other powers
19conferred by this Act, shall have the following powers:
20        1. To make and adopt such bylaws, rules and
21    regulations, for their own guidance and for the government
22    of the library as may be expedient, not inconsistent with
23    this Act;

 

 

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1        2. To have the exclusive control of the expenditure of
2    all moneys collected for the library and deposited to the
3    credit of the library fund;
4        3. To have the exclusive control of the construction of
5    any library building and of the supervision, care and
6    custody of the grounds, rooms or buildings constructed,
7    leased or set apart for that purpose;
8        4. To purchase or lease real or personal property, and
9    to construct an appropriate building or buildings for the
10    use of a library established hereunder, using, at the
11    board's option, contracts providing for all or part of the
12    consideration to be paid through installments at stated
13    intervals during a certain period not to exceed 20 years
14    with interest on the unpaid balance at any lawful rate for
15    municipal corporations in this State, except that
16    contracts for installment purchases of real estate shall
17    provide for not more than 75% of the total consideration to
18    be repaid by installments, and to refund at any time any
19    installment contract entered into pursuant to this
20    paragraph by means of a refunding loan agreement, which may
21    provide for installment payments of principal and interest
22    to be made at stated intervals during a certain period not
23    to exceed 20 years from the date of such refunding loan
24    agreement, with interest on the unpaid principal balance at
25    any lawful rate for municipal corporations in this State,
26    except that no installment contract or refunding loan

 

 

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1    agreement for the same property or construction project may
2    exceed an aggregate of 20 years;
3        5. To remodel or reconstruct a building erected or
4    purchased by the board, when such building is not adapted
5    to its purposes or needs;
6        6. To sell or otherwise dispose of any real or personal
7    property that it deems no longer necessary or useful for
8    library purposes, and to lease to others any real property
9    not immediately useful but for which plans for ultimate use
10    have been or will be adopted but the corporate authorities
11    shall have the first right to purchase or lease except that
12    in the case of the City of Chicago, this power shall be
13    governed and limited by the Chicago Public Library Act;
14        7. To appoint and to fix the compensation of a
15    qualified librarian, who shall have the authority to hire
16    such other employees as may be necessary, to fix their
17    compensation, and to remove such appointees, subject to the
18    approval of the board, but these powers are subject to
19    Division 1 of Article 10 of the Illinois Municipal Code in
20    municipalities in which that Division is in force. The
21    board may also retain counsel and professional consultants
22    as needed;
23        8. To contract with any public or private corporation
24    or entity for the purpose of providing or receiving library
25    service or of performing any and all other acts necessary
26    and proper to carry out the responsibilities, the spirit,

 

 

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1    and the provisions of this Act. This contractual power
2    includes, but is not limited to, participating in
3    interstate library compacts and library systems,
4    contracting to supply library services, and expending of
5    any federal or State funds made available to any county,
6    municipality, township or to the State of Illinois for
7    library purposes. However, if a contract is for the supply
8    of library services for residents without a public library
9    established under the provisions of this Act, the terms of
10    that contract will recognize the principle of equity or
11    cost of services to non-residents expressed in this Section
12    of this Act, and will provide for the assumption by the
13    contracting party receiving the services of financial
14    responsibility for the loss of or damage to any library
15    materials provided to non-residents under the contract;
16        9. To join with the board or boards of any one or more
17    libraries in this State in maintaining libraries, or for
18    the maintenance of a common library or common library
19    services for participants, upon such terms as may be agreed
20    upon by and between the boards;
21        10. To enter into contracts and to take title to any
22    property acquired by it for library purposes by the name
23    and style of "The Board of Library Trustees of the (city,
24    village, incorporated town or township) of ...." and by
25    that name to sue and be sued;
26        11. To exclude from the use of the library any person

 

 

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1    who wilfully violates the rules prescribed by the board;
2        12. To extend the privileges and use of the library,
3    including the borrowing of materials on an individual basis
4    by persons residing outside of the city, incorporated town,
5    village or township. If the board exercises this power, the
6    privilege of library use shall be upon such terms and
7    conditions as the board shall from time to time by its
8    regulations prescribe, and for such privileges and use, the
9    board shall charge a nonresident fee at least equal to the
10    cost paid by residents of the city, incorporated town,
11    village or township, with the cost to be determined
12    according to the formula established by the Illinois State
13    Library. A person residing outside of a public library
14    service area must apply for a non-resident library card at
15    the public library located closest to the person's
16    principal residence. The nonresident cards shall allow for
17    borrowing privileges at all participating public libraries
18    in the regional library system. The nonresident fee shall
19    not apply to: privilege and use provided under the terms of
20    the library's membership in a library system operating
21    under the provisions of the Illinois Library System Act,
22    under the terms of any reciprocal agreement with a public
23    or private corporation or entity providing a library
24    service; , or to a nonresident who as an individual or as a
25    partner, principal stockholder, or other joint owner owns
26    or leases property that is taxed for library service or is

 

 

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1    a senior administrative officer of a firm, business, or
2    other corporation owning taxable property within the city,
3    incorporated town, village or township upon the
4    presentation of the most recent tax bill upon that taxable
5    property or a copy of the commercial lease of that taxable
6    property; or to a nonresident in an unincorporated area in
7    Illinois who is a student whose household falls at or below
8    the U.S. Department of Agriculture's Income Eligibility
9    Guidelines . Nothing in this item 12 requires any public
10    library to participate in the non-resident card reciprocal
11    borrowing program of a regional library system as provided
12    for in this Section;
13        13. To exercise the power of eminent domain subject to
14    the prior approval of the corporate authorities under
15    Sections 5-1 and 5-2 of this Act;
16        14. To join the public library as a member and to join
17    the library trustees as members in the Illinois Library
18    Association and the American Library Association,
19    non-profit, non-political, 501(c)(3) associations, as
20    designated by the federal Internal Revenue Service, having
21    the purpose of library development and librarianship; to
22    provide for the payment of annual membership dues, fees and
23    assessments and act by, through and in the name of such
24    instrumentality by providing and disseminating information
25    and research services, employing personnel and doing any
26    and all other acts for the purpose of improving library

 

 

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1    development;
2        15. To invest funds pursuant to the Public Funds
3    Investment Act; and
4        16. To accumulate and set apart as reserve funds
5    portions of the unexpended balances of the proceeds
6    received annually from taxes or other sources, for the
7    purpose of providing self-insurance against liabilities
8    relating to the public library.
9(Source: P.A. 100-875, eff. 8-14-18.)
 
10    Section 20. The Public Library District Act of 1991 is
11amended by changing Section 30-55.60 as follows:
 
12    (75 ILCS 16/30-55.60)
13    Sec. 30-55.60. Use of library by nonresidents. The board
14may extend the privileges and use of the library, including the
15borrowing of materials on an individual basis by persons
16residing outside the district. If the board exercises this
17power, the privilege of library use shall be upon terms and
18conditions prescribed by the board in its regulations. The
19board shall charge a nonresident fee for the privileges and use
20of the library at least equal to the cost paid by residents of
21the district, with the cost to be determined according to the
22formula established by the Illinois State Library. A person
23residing outside of a public library service area must apply
24for a non-resident library card at the public library closest

 

 

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1to the person's principal residence. The nonresident cards
2shall allow for borrowing privileges at all participating
3public libraries in the regional library system. The
4nonresident fee shall not apply to any of the following:
5        (1) Privileges and use provided (i) under the terms of
6    the district's membership in a library system operating
7    under the provisions of the Illinois Library System Act or
8    (ii) under the terms of any reciprocal agreement with a
9    public or private corporation or entity providing a library
10    service.
11        (2) Residents of an area in which the library is
12    conducting a program for the purpose of encouraging the
13    inclusion of the area in the library district.
14        (3) A nonresident who, as an individual or as a
15    partner, principal stockholder, or other joint owner, owns
16    or leases property that is taxed for library service or is
17    a senior administrative officer of a firm, business, or
18    other corporation owning taxable property within the
19    district, upon presentation of the most recent tax bill
20    upon that taxable property or a copy of the commercial
21    lease of that taxable property.
22        (4) A nonresident in an unincorporated area in Illinois
23    who is a student whose household falls at or below the U.S.
24    Department of Agriculture's Income Eligibility Guidelines.
25    Nothing in this Section requires any public library to
26participate in the non-resident card reciprocal borrowing

 

 

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1program of a regional library system as provided for in this
2Section.
3(Source: P.A. 100-875, eff. 8-14-18.)
 
4    Section 25. The School Code is amended by changing Section
510-20.21 as follows:
 
6    (105 ILCS 5/10-20.21)
7    Sec. 10-20.21. Contracts.
8    (a) To award all contracts for purchase of supplies and
9materials or work involving an expenditure in excess of $25,000
10or a lower amount as required by board policy to the lowest
11responsible bidder, considering conformity with
12specifications, terms of delivery, quality and serviceability,
13after due advertisement, except the following: (i) contracts
14for the services of individuals possessing a high degree of
15professional skill where the ability or fitness of the
16individual plays an important part; (ii) contracts for the
17printing of finance committee reports and departmental
18reports; (iii) contracts for the printing or engraving of
19bonds, tax warrants and other evidences of indebtedness; (iv)
20contracts for the purchase of perishable foods and perishable
21beverages; (v) contracts for materials and work which have been
22awarded to the lowest responsible bidder after due
23advertisement, but due to unforeseen revisions, not the fault
24of the contractor for materials and work, must be revised

 

 

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1causing expenditures not in excess of 10% of the contract
2price; (vi) contracts for the maintenance or servicing of, or
3provision of repair parts for, equipment which are made with
4the manufacturer or authorized service agent of that equipment
5where the provision of parts, maintenance, or servicing can
6best be performed by the manufacturer or authorized service
7agent; (vii) purchases and contracts for the use, purchase,
8delivery, movement, or installation of data processing
9equipment, software, or services and telecommunications and
10interconnect equipment, software, and services; (viii)
11contracts for duplicating machines and supplies; (ix)
12contracts for the purchase of fuel, including diesel, gasoline,
13oil, aviation, natural gas, or propane, lubricants, or other
14petroleum products; (x) purchases of equipment previously
15owned by some entity other than the district itself; (xi)
16contracts for repair, maintenance, remodeling, renovation, or
17construction, or a single project involving an expenditure not
18to exceed $50,000 and not involving a change or increase in the
19size, type, or extent of an existing facility; (xii) contracts
20for goods or services procured from another governmental
21agency; (xiii) contracts for goods or services which are
22economically procurable from only one source, such as for the
23purchase of magazines, books, periodicals, pamphlets and
24reports, and for utility services such as water, light, heat,
25telephone or telegraph; (xiv) where funds are expended in an
26emergency and such emergency expenditure is approved by 3/4 of

 

 

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1the members of the board; (xv) State master contracts
2authorized under Article 28A of this Code; and (xvi) contracts
3providing for the transportation of pupils, which contracts
4must be advertised in the same manner as competitive bids and
5awarded by first considering the bidder or bidders most able to
6provide safety and comfort for the pupils, stability of
7service, and any other factors set forth in the request for
8proposal regarding quality of service, and then price. However,
9at no time shall a cause of action lie against a school board
10for awarding a pupil transportation contract per the standards
11set forth in this subsection (a) unless the cause of action is
12based on fraudulent conduct.
13    All competitive bids for contracts involving an
14expenditure in excess of $25,000 or a lower amount as required
15by board policy must be sealed by the bidder and must be opened
16by a member or employee of the school board at a public bid
17opening at which the contents of the bids must be announced.
18Each bidder must receive at least 3 days' notice of the time
19and place of the bid opening. For purposes of this Section due
20advertisement includes, but is not limited to, at least one
21public notice at least 10 days before the bid date in a
22newspaper published in the district, or if no newspaper is
23published in the district, in a newspaper of general
24circulation in the area of the district. State master contracts
25and certified education purchasing contracts, as defined in
26Article 28A of this Code, are not subject to the requirements

 

 

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1of this paragraph.
2    Under this Section, the acceptance of bids sealed by a
3bidder and the opening of these bids at a public bid opening
4may be permitted by an electronic process for communicating,
5accepting, and opening competitive bids. However, bids for
6construction purposes are prohibited from being communicated,
7accepted, or opened electronically. An electronic bidding
8process must provide for, but is not limited to, the following
9safeguards:
10        (1) On the date and time certain of a bid opening, the
11    primary person conducting the competitive, sealed,
12    electronic bid process shall log onto a specified database
13    using a unique username and password previously assigned to
14    the bidder to allow access to the bidder's specific bid
15    project number.
16        (2) The specified electronic database must be on a
17    network that (i) is in a secure environment behind a
18    firewall; (ii) has specific encryption tools; (iii)
19    maintains specific intrusion detection systems; (iv) has
20    redundant systems architecture with data storage back-up,
21    whether by compact disc or tape; and (v) maintains a
22    disaster recovery plan.
23It is the legislative intent of Public Act 96-841 to maintain
24the integrity of the sealed bidding process provided for in
25this Section, to further limit any possibility of bid-rigging,
26to reduce administrative costs to school districts, and to

 

 

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1effect efficiencies in communications with bidders.
2    (b) To require, as a condition of any contract for goods
3and services, that persons bidding for and awarded a contract
4and all affiliates of the person collect and remit Illinois Use
5Tax on all sales of tangible personal property into the State
6of Illinois in accordance with the provisions of the Illinois
7Use Tax Act regardless of whether the person or affiliate is a
8"retailer maintaining a place of business within this State" as
9defined in Section 2 of the Use Tax Act. For purposes of this
10Section, the term "affiliate" means any entity that (1)
11directly, indirectly, or constructively controls another
12entity, (2) is directly, indirectly, or constructively
13controlled by another entity, or (3) is subject to the control
14of a common entity. For purposes of this subsection (b), an
15entity controls another entity if it owns, directly or
16individually, more than 10% of the voting securities of that
17entity. As used in this subsection (b), the term "voting
18security" means a security that (1) confers upon the holder the
19right to vote for the election of members of the board of
20directors or similar governing body of the business or (2) is
21convertible into, or entitles the holder to receive upon its
22exercise, a security that confers such a right to vote. A
23general partnership interest is a voting security.
24    To require that bids and contracts include a certification
25by the bidder or contractor that the bidder or contractor is
26not barred from bidding for or entering into a contract under

 

 

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1this Section and that the bidder or contractor acknowledges
2that the school board may declare the contract void if the
3certification completed pursuant to this subsection (b) is
4false.
5    (b-5) To require all contracts and agreements that pertain
6to goods and services and that are intended to generate
7additional revenue and other remunerations for the school
8district in excess of $1,000, including without limitation
9vending machine contracts, sports and other attire, class
10rings, and photographic services, to be approved by the school
11board. The school board shall file as an attachment to its
12annual budget a report, in a form as determined by the State
13Board of Education, indicating for the prior year the name of
14the vendor, the product or service provided, and the actual net
15revenue and non-monetary remuneration from each of the
16contracts or agreements. In addition, the report shall indicate
17for what purpose the revenue was used and how and to whom the
18non-monetary remuneration was distributed.
19    (b-10) To prohibit any contract to purchase food with a
20bidder or offeror if the bidder's or offeror's contract terms
21prohibit the school from donating food to food banks,
22including, but not limited to, homeless shelters, food
23pantries, and soup kitchens.
24    (c) If the State education purchasing entity creates a
25master contract as defined in Article 28A of this Code, then
26the State education purchasing entity shall notify school

 

 

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1districts of the existence of the master contract.
2    (d) In purchasing supplies, materials, equipment, or
3services that are not subject to subsection (c) of this
4Section, before a school district solicits bids or awards a
5contract, the district may review and consider as a bid under
6subsection (a) of this Section certified education purchasing
7contracts that are already available through the State
8education purchasing entity.
9(Source: P.A. 101-570, eff. 8-23-19.)
 
10    Section 30. The Illinois Public Aid Code is amended by
11changing Sections 6-1.2, 6-2, and 6-10 as follows:
 
12    (305 ILCS 5/6-1.2)  (from Ch. 23, par. 6-1.2)
13    Sec. 6-1.2. Need. Income available to the person, when
14added to contributions in money, substance, or services from
15other sources, including contributions from legally
16responsible relatives, must be insufficient to equal the grant
17amount established by Department regulation (or by local
18governmental unit in units which do not receive State funds)
19for such a person.
20    In determining income to be taken into account:
21        (1) The first $75 of earned income in income assistance
22    units comprised exclusively of one adult person shall be
23    disregarded, and for not more than 3 months in any 12
24    consecutive months that portion of earned income beyond the

 

 

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1    first $75 that is the difference between the standard of
2    assistance and the grant amount, shall be disregarded.
3        (2) For income assistance units not comprised
4    exclusively of one adult person, when authorized by rules
5    and regulations of the Illinois Department, a portion of
6    earned income, not to exceed the first $25 a month plus 50%
7    of the next $75, may be disregarded for the purpose of
8    stimulating and aiding rehabilitative effort and
9    self-support activity.
10    "Earned income" means money earned in self-employment or
11wages, salary, or commission for personal services performed as
12an employee. The eligibility of any applicant for or recipient
13of public aid under this Article is not affected by the payment
14of any grant under the "Senior Citizens and Persons with
15Disabilities Property Tax Relief Act", any refund or payment of
16the federal Earned Income Tax Credit, any rebate authorized
17under Section 2201(a) of the Coronavirus Aid, Relief, and
18Economic Security Act (Public Law 116-136) or under any other
19federal economic stimulus program created in response to the
20COVID-19 emergency, or any distributions or items of income
21described under subparagraph (X) of paragraph (2) of subsection
22(a) of Section 203 of the Illinois Income Tax Act.
23(Source: P.A. 99-143, eff. 7-27-15.)
 
24    (305 ILCS 5/6-2)  (from Ch. 23, par. 6-2)
25    Sec. 6-2. Amount of aid. The amount and nature of General

 

 

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1Assistance for basic maintenance requirements shall be
2determined in accordance with local budget standards for local
3governmental units which do not receive State funds. For local
4governmental units which do receive State funds, the amount and
5nature of General Assistance for basic maintenance
6requirements shall be determined in accordance with the
7standards, rules and regulations of the Illinois Department.
8However, the amount and nature of any financial aid is not
9affected by the payment of any grant under the Senior Citizens
10and Persons with Disabilities Property Tax Relief Act, any
11rebate authorized under Section 2201(a) of the Coronavirus Aid,
12Relief, and Economic Security Act (Public Law 116-136) or under
13any other federal economic stimulus program created in response
14to the COVID-19 emergency, or any distributions or items of
15income described under subparagraph (X) of paragraph (2) of
16subsection (a) of Section 203 of the Illinois Income Tax Act.
17Due regard shall be given to the requirements and the
18conditions existing in each case, and to the income, money
19contributions and other support and resources available, from
20whatever source. In local governmental units which do not
21receive State funds, the grant shall be sufficient when added
22to all other income, money contributions and support in excess
23of any excluded income or resources, to provide the person with
24a grant in the amount established for such a person by the
25local governmental unit based upon standards meeting basic
26maintenance requirements. In local governmental units which do

 

 

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1receive State funds, the grant shall be sufficient when added
2to all other income, money contributions and support in excess
3of any excluded income or resources, to provide the person with
4a grant in the amount established for such a person by
5Department regulation based upon standards providing a
6livelihood compatible with health and well-being, as directed
7by Section 12-4.11 of this Code.
8    The Illinois Department may conduct special projects,
9which may be known as Grant Diversion Projects, under which
10recipients of financial aid under this Article are placed in
11jobs and their grants are diverted to the employer who in turn
12makes payments to the recipients in the form of salary or other
13employment benefits. The Illinois Department shall by rule
14specify the terms and conditions of such Grant Diversion
15Projects. Such projects shall take into consideration and be
16coordinated with the programs administered under the Illinois
17Emergency Employment Development Act.
18    The allowances provided under Article IX for recipients
19participating in the training and rehabilitation programs
20shall be in addition to such maximum payment.
21    Payments may also be made to provide persons receiving
22basic maintenance support with necessary treatment, care and
23supplies required because of illness or disability or with
24acute medical treatment, care, and supplies. Payments for
25necessary or acute medical care under this paragraph may be
26made to or in behalf of the person. Obligations incurred for

 

 

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1such services but not paid for at the time of a recipient's
2death may be paid, subject to the rules and regulations of the
3Illinois Department, after the death of the recipient.
4(Source: P.A. 99-143, eff. 7-27-15.)
 
5    (305 ILCS 5/6-10)  (from Ch. 23, par. 6-10)
6    Sec. 6-10. Emergency financial assistance. Except in a
7city, village or incorporated town of more than 500,000
8population, when an applicant resides in the local governmental
9unit in which he makes application, emergency financial
10assistance to alleviate life-threatening circumstances or to
11assist the individual in attaining self-sufficiency may be
12given to or in behalf of the applicant. The emergency
13assistance so given shall be by vendor payment in an amount
14necessary to meet the need, up to the maximum established by
15the local governmental unit. Emergency assistance shall not be
16granted under this Section more than once to any applicant
17during any 12 consecutive month period. Persons currently
18receiving financial assistance under this Article or under any
19other Article of this Code shall not be eligible for emergency
20financial assistance under this Section. However, the amount
21and nature of any emergency financial assistance is not
22affected by the payment of any rebate authorized under Section
232201(a) of the Coronavirus Aid, Relief, and Economic Security
24Act (Public Law 116-136) or under any other federal economic
25stimulus program created in response to the COVID-19 emergency.

 

 

10100HB2096sam003- 23 -LRB101 04912 AWJ 72350 a

1Persons receiving only medical assistance from the Illinois
2Department may, however, receive emergency financial
3assistance under this Section. Emergency financial assistance
4may be provided under this Section to persons who are
5applicants for public aid from the Illinois Department in order
6to cover time periods prior to receipt of public aid from the
7Illinois Department. A local governmental unit may use General
8Assistance moneys to provide emergency financial assistance
9under this Section but shall not use State funds to provide
10assistance under this Section. If a local governmental unit
11receives State funds to provide General Assistance under this
12Article, assistance provided by the local governmental unit
13under this Section shall not be considered in determining
14whether a local governmental unit has qualified to receive
15State funds under Article XII. A local governmental unit which
16provides assistance under this Section shall not, as a result
17of payment of such assistance, change the nature or amount of
18assistance provided to any other individual or family under
19this Article.
20(Source: P.A. 88-412.)
 
21    Section 35. The Housing Authorities Act is amended by
22changing Sections 8.2, 14, and 24 as follows:
 
23    (310 ILCS 10/8.2)  (from Ch. 67 1/2, par. 8.2)
24    Sec. 8.2. Projects; competitive bidding; arrangement with

 

 

10100HB2096sam003- 24 -LRB101 04912 AWJ 72350 a

1for-profit developer. An Authority has power to prepare, carry
2out and operate projects; to provide for the construction,
3reconstruction, improvement, alteration or repair of any
4project or any part thereof; to take over by purchase, lease,
5or otherwise any project undertaken by any government; to act
6as agent for the Federal government in connection with the
7acquisition, construction, operation, or management of a
8project or any part thereof; to arrange with any government
9within the area of operation for the furnishing, planning,
10replanning, opening or closing of streets, roads, roadways,
11alleys, parks, or other places of public facilities or for the
12acquisition by any government or any agency, instrumentality or
13subdivision thereof, of property, options or property rights or
14for the furnishing of property or services in connection with a
15project; to function as an agency of the city, village,
16incorporated town or county for which it is constituted an
17Authority and to act as an agent (when so designated) for any
18government, with respect to matters relating to housing and the
19purposes of this Act, including action for the elimination of
20unsafe and unsanitary dwellings, the provision of rental
21assistance, the clearing and redevelopment of blighted or slum
22areas, the assembly of improved and unimproved land for
23development or redevelopment purposes, the conservation and
24rehabilitation of existing housing, and the provision of
25decent, safe and sanitary and affordable housing
26accommodations, and to utilize any and all of its powers to

 

 

10100HB2096sam003- 25 -LRB101 04912 AWJ 72350 a

1assist governments in any manner which will tend to further the
2objectives of this Act; to assist through the exercise of the
3powers herein conferred any individual, association,
4corporation or organization which presents a plan for
5developing or redeveloping any property within the area of
6operation of the Authority which will tend to provide decent,
7safe and sanitary and affordable housing, or promote other uses
8essential to sound community growth.
9    In counties having a population of less than 1,000,000, any
10contract in which State funds are used for repair, improvement
11or rehabilitation of existing improvements that involves
12expenditures that meet the requirements applicable to either
13federal or State programs shall be let by free and competitive
14bidding to the lowest responsible bidder upon bond and subject
15to regulations as may be set by the Department and with the
16written approval of the Department. In the case of an emergency
17affecting the public health or safety declared by a majority
18vote of the commissioners of the Housing Authority, contracts
19may be let, to the extent necessary to resolve an emergency,
20without public advertisement or competitive bidding.
21    In addition to the powers conferred by this Act and other
22laws concerning housing authorities, a Housing Authority in any
23municipality or county having a population in excess of
241,000,000 shall be authorized to participate as a partner or
25member of a partnership, limited liability company, joint
26venture, or other form of a business arrangement with a

 

 

10100HB2096sam003- 26 -LRB101 04912 AWJ 72350 a

1for-profit developer or non-profit developer and shall have all
2powers deemed necessary and appropriate to engage in the
3rehabilitation and development or ownership, or both
4development and ownership, of low-income and mixed-income
5rental and for-sale housing as a partner or member of a
6partnership, limited liability company, or joint venture.
7(Source: P.A. 95-887, eff. 8-22-08.)
 
8    (310 ILCS 10/14)  (from Ch. 67 1/2, par. 14)
9    Sec. 14. Approval of projects by Department. Prior to the
10acquisition of title to any real property an Authority shall
11submit to the Department data as to the location and cost of
12the property, and prior to the undertaking of any construction
13or other initiation of a project an Authority shall submit to
14the Department the proposed plans, specifications and
15estimates of the costs and a statement of the proposed methods
16of financing and operating the project. An Authority shall not
17finally acquire title to any real estate nor undertake the
18construction or operation of a project without the approval of
19the Department; provided that, if the Department shall fail
20within thirty days after receipt thereof to state its
21disapproval of the proposals or such modifications thereof as
22it may deem desirable, the proposals shall be deemed to have
23been approved as submitted. No change involving an expenditure
24of more than twenty-five hundred dollars ($2500) shall be made
25in any proposal approved by the Department without submission

 

 

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1to the Department in the manner prescribed in this Section. The
2provisions of this Section shall not apply with reference to
3any project which is or is to be financed in whole or in part by
4the federal government or any agency or instrumentality thereof
5or undertaken pursuant to the additional powers conferred in
6Section 8.2 upon housing authorities in any municipality or
7county having a population in excess of 1,000,000 pursuant to
8this amendatory Act of the 95th General Assembly.
9(Source: P.A. 95-887, eff. 8-22-08.)
 
10    (310 ILCS 10/24)  (from Ch. 67 1/2, par. 24)
11    Sec. 24. Management and operation of housing projects. It
12is hereby declared to be the policy of this State that each
13housing authority shall manage and operate its housing projects
14in an efficient manner so as to enable it to fix the rentals
15for dwellings at the lowest possible rates consistent with its
16providing decent, safe and sanitary and affordable dwellings,
17and that no Housing Authority shall construct or operate any
18project for profit, or as a source of revenue to a city,
19village, incorporated town or county. To this end an Authority
20shall fix the rentals for dwellings in its projects at no
21higher rates than it shall find to be necessary in order to
22produce revenues which (together with all other available
23moneys, revenues, income and receipts of the Authority from
24whatever sources derived) will be sufficient (a) to pay, as the
25same becomes due, the principal and interest on the bonds of

 

 

10100HB2096sam003- 28 -LRB101 04912 AWJ 72350 a

1the Authority; (b) to meet and provide for the cost of
2maintaining and operating the projects (including the cost of
3any insurance on the projects or bonds issued therefor) and the
4administrative expenses of the Authority; (c) to create (during
5not less than the ten years immediately succeeding its issuance
6of any bonds) a reserve sufficient to meet the large principal
7and interest payments which will be due on bonds in any 2
8consecutive years thereafter, and to maintain a reserve; and
9(d) to create a reasonable reserve solely from any
10contributions or grants to the Authority from the federal
11government, the State, or any political subdivision of the
12State for the purpose of meeting the cost of maintaining and
13operating the project and of paying the principal and interest
14on its bonds. The management of low-rent public housing
15projects financed and developed under the U.S. Housing Act of
161937, as now or hereafter amended, shall be in accordance with
17the provisions of that Act. The provisions of this Section 24
18shall not apply to any project undertaken pursuant to the
19additional powers conferred in Section 8.2 upon housing
20authorities in any municipality or county having a population
21in excess of 1,000,000 pursuant to this amendatory Act of the
2295th General Assembly.
23(Source: P.A. 95-887, eff. 8-22-08.)
 
24    Section 90. The State Mandates Act is amended by adding
25Section 8.44 as follows:
 

 

 

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1    (30 ILCS 805/8.44 new)
2    Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8
3of this Act, no reimbursement by the State is required for the
4implementation of any mandate created by Section 4-7 of the
5Illinois Local Library Act or Section 30-55.60 of the Public
6Library District Act of 1991.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".