HB2096enr 101ST GENERAL ASSEMBLY

  
  
  

 


 
HB2096 EnrolledLRB101 04912 AWJ 49921 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17may postpone the annual township meeting to the first Tuesday
18following the last day of Passover.
19    (c) Whenever the consolidated election provided for in
20subsection (b) of Section 2A-1.1 of the Election Code is
21rescheduled to the second Tuesday in April under Section
222A-1.1a of the Election Code, the annual township meeting shall
23be held on the third Tuesday in April at the time designated by

 

 

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1the electors or the township board, whichever is appropriate.
2    (d) If the Governor declares a disaster under Section 7 of
3the Illinois Emergency Management Agency Act and the disaster
4declaration is effective during the dates designated for a
5township's annual meeting under subsection (a), (b), or (c), a
6township board may postpone the annual meeting if circumstances
7related to the disaster declaration prevent a township from
8holding its annual meeting. An annual township meeting
9postponed under this subsection shall be held on the third
10Tuesday, after 6 p.m., of the month following the expiration of
11the disaster declaration. If a subsequent disaster is declared
12under Section 7 of the Illinois Emergency Management Agency Act
13prior to or one day after the expiration of the disaster
14declaration upon which the township board based its decision to
15postpone the annual meeting and the township board intends to
16proceed with the annual meeting during this subsequent disaster
17declaration, the township board must consult with and receive
18written approval from the county health department in order to
19proceed with the annual meeting during the course of the
20subsequent disaster declaration.
21(Source: P.A. 88-62; incorporates 88-360; 88-670, eff.
2212-2-94.)
 
23    (60 ILCS 1/30-10)
24    Sec. 30-10. Notice of meeting; agenda.
25    (a) Notice of the time and place of holding the annual and

 

 

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1any special township meetings shall be given by the township
2clerk (or, in the clerk's absence, the supervisor, assessor, or
3collector) by posting written or printed notices in 3 of the
4most public places in the township at least 15 days before the
5meeting and, if there is an English language newspaper
6published in the township, by at least one publication in that
7newspaper before the meeting. The notice shall set forth the
8agenda for the meeting.
9    (b) Agenda. Not less than 15 days before the annual
10meeting, the township board shall adopt an agenda for the
11annual meeting. Any 15 or more registered voters in the
12township may request an agenda item for consideration by the
13electors at the annual meeting by giving written notice of a
14specific request to the township clerk no later than March 1
15prior to the annual meeting. The agenda published by the
16township board shall include any such request made by voters if
17the request is relevant to powers granted to electors under the
18Township Code.
19    (c) Additional agenda items. Any matter or proposal not set
20forth in the published agenda shall not be considered at the
21annual meeting other than advising that the matter may be
22considered at a special meeting of the electors at a later
23date.
24    (d) Notice and agenda requirements for an annual township
25meeting that has been postponed under subsection (d) of Section
2630-5 shall be the same as provided in this Section.

 

 

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1(Source: P.A. 98-653, eff. 6-18-14.)
 
2    Section 10. Sections 20 and 25 of this Act may be referred
3to as the Cards for Kids Act.
 
4    Section 15. The Illinois Local Library Act is amended by
5changing Section 4-7 as follows:
 
6    (75 ILCS 5/4-7)  (from Ch. 81, par. 4-7)
7    Sec. 4-7. Each board of library trustees of a city,
8incorporated town, village or township shall carry out the
9spirit and intent of this Act in establishing, supporting and
10maintaining a public library or libraries for providing library
11service and, in addition to but without limiting other powers
12conferred by this Act, shall have the following powers:
13        1. To make and adopt such bylaws, rules and
14    regulations, for their own guidance and for the government
15    of the library as may be expedient, not inconsistent with
16    this Act;
17        2. To have the exclusive control of the expenditure of
18    all moneys collected for the library and deposited to the
19    credit of the library fund;
20        3. To have the exclusive control of the construction of
21    any library building and of the supervision, care and
22    custody of the grounds, rooms or buildings constructed,
23    leased or set apart for that purpose;

 

 

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1        4. To purchase or lease real or personal property, and
2    to construct an appropriate building or buildings for the
3    use of a library established hereunder, using, at the
4    board's option, contracts providing for all or part of the
5    consideration to be paid through installments at stated
6    intervals during a certain period not to exceed 20 years
7    with interest on the unpaid balance at any lawful rate for
8    municipal corporations in this State, except that
9    contracts for installment purchases of real estate shall
10    provide for not more than 75% of the total consideration to
11    be repaid by installments, and to refund at any time any
12    installment contract entered into pursuant to this
13    paragraph by means of a refunding loan agreement, which may
14    provide for installment payments of principal and interest
15    to be made at stated intervals during a certain period not
16    to exceed 20 years from the date of such refunding loan
17    agreement, with interest on the unpaid principal balance at
18    any lawful rate for municipal corporations in this State,
19    except that no installment contract or refunding loan
20    agreement for the same property or construction project may
21    exceed an aggregate of 20 years;
22        5. To remodel or reconstruct a building erected or
23    purchased by the board, when such building is not adapted
24    to its purposes or needs;
25        6. To sell or otherwise dispose of any real or personal
26    property that it deems no longer necessary or useful for

 

 

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1    library purposes, and to lease to others any real property
2    not immediately useful but for which plans for ultimate use
3    have been or will be adopted but the corporate authorities
4    shall have the first right to purchase or lease except that
5    in the case of the City of Chicago, this power shall be
6    governed and limited by the Chicago Public Library Act;
7        7. To appoint and to fix the compensation of a
8    qualified librarian, who shall have the authority to hire
9    such other employees as may be necessary, to fix their
10    compensation, and to remove such appointees, subject to the
11    approval of the board, but these powers are subject to
12    Division 1 of Article 10 of the Illinois Municipal Code in
13    municipalities in which that Division is in force. The
14    board may also retain counsel and professional consultants
15    as needed;
16        8. To contract with any public or private corporation
17    or entity for the purpose of providing or receiving library
18    service or of performing any and all other acts necessary
19    and proper to carry out the responsibilities, the spirit,
20    and the provisions of this Act. This contractual power
21    includes, but is not limited to, participating in
22    interstate library compacts and library systems,
23    contracting to supply library services, and expending of
24    any federal or State funds made available to any county,
25    municipality, township or to the State of Illinois for
26    library purposes. However, if a contract is for the supply

 

 

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1    of library services for residents without a public library
2    established under the provisions of this Act, the terms of
3    that contract will recognize the principle of equity or
4    cost of services to non-residents expressed in this Section
5    of this Act, and will provide for the assumption by the
6    contracting party receiving the services of financial
7    responsibility for the loss of or damage to any library
8    materials provided to non-residents under the contract;
9        9. To join with the board or boards of any one or more
10    libraries in this State in maintaining libraries, or for
11    the maintenance of a common library or common library
12    services for participants, upon such terms as may be agreed
13    upon by and between the boards;
14        10. To enter into contracts and to take title to any
15    property acquired by it for library purposes by the name
16    and style of "The Board of Library Trustees of the (city,
17    village, incorporated town or township) of ...." and by
18    that name to sue and be sued;
19        11. To exclude from the use of the library any person
20    who wilfully violates the rules prescribed by the board;
21        12. To extend the privileges and use of the library,
22    including the borrowing of materials on an individual basis
23    by persons residing outside of the city, incorporated town,
24    village or township. If the board exercises this power, the
25    privilege of library use shall be upon such terms and
26    conditions as the board shall from time to time by its

 

 

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1    regulations prescribe, and for such privileges and use, the
2    board shall charge a nonresident fee at least equal to the
3    cost paid by residents of the city, incorporated town,
4    village or township, with the cost to be determined
5    according to the formula established by the Illinois State
6    Library. A person residing outside of a public library
7    service area must apply for a non-resident library card at
8    the public library located closest to the person's
9    principal residence. The nonresident cards shall allow for
10    borrowing privileges at all participating public libraries
11    in the regional library system. The nonresident fee shall
12    not apply to: privilege and use provided under the terms of
13    the library's membership in a library system operating
14    under the provisions of the Illinois Library System Act,
15    under the terms of any reciprocal agreement with a public
16    or private corporation or entity providing a library
17    service; , or to a nonresident who as an individual or as a
18    partner, principal stockholder, or other joint owner owns
19    or leases property that is taxed for library service or is
20    a senior administrative officer of a firm, business, or
21    other corporation owning taxable property within the city,
22    incorporated town, village or township upon the
23    presentation of the most recent tax bill upon that taxable
24    property or a copy of the commercial lease of that taxable
25    property; or to a nonresident in an unincorporated area in
26    Illinois who is a student whose household falls at or below

 

 

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1    the U.S. Department of Agriculture's Income Eligibility
2    Guidelines . Nothing in this item 12 requires any public
3    library to participate in the non-resident card reciprocal
4    borrowing program of a regional library system as provided
5    for in this Section;
6        13. To exercise the power of eminent domain subject to
7    the prior approval of the corporate authorities under
8    Sections 5-1 and 5-2 of this Act;
9        14. To join the public library as a member and to join
10    the library trustees as members in the Illinois Library
11    Association and the American Library Association,
12    non-profit, non-political, 501(c)(3) associations, as
13    designated by the federal Internal Revenue Service, having
14    the purpose of library development and librarianship; to
15    provide for the payment of annual membership dues, fees and
16    assessments and act by, through and in the name of such
17    instrumentality by providing and disseminating information
18    and research services, employing personnel and doing any
19    and all other acts for the purpose of improving library
20    development;
21        15. To invest funds pursuant to the Public Funds
22    Investment Act; and
23        16. To accumulate and set apart as reserve funds
24    portions of the unexpended balances of the proceeds
25    received annually from taxes or other sources, for the
26    purpose of providing self-insurance against liabilities

 

 

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1    relating to the public library.
2(Source: P.A. 100-875, eff. 8-14-18.)
 
3    Section 20. The Public Library District Act of 1991 is
4amended by changing Section 30-55.60 as follows:
 
5    (75 ILCS 16/30-55.60)
6    Sec. 30-55.60. Use of library by nonresidents. The board
7may extend the privileges and use of the library, including the
8borrowing of materials on an individual basis by persons
9residing outside the district. If the board exercises this
10power, the privilege of library use shall be upon terms and
11conditions prescribed by the board in its regulations. The
12board shall charge a nonresident fee for the privileges and use
13of the library at least equal to the cost paid by residents of
14the district, with the cost to be determined according to the
15formula established by the Illinois State Library. A person
16residing outside of a public library service area must apply
17for a non-resident library card at the public library closest
18to the person's principal residence. The nonresident cards
19shall allow for borrowing privileges at all participating
20public libraries in the regional library system. The
21nonresident fee shall not apply to any of the following:
22        (1) Privileges and use provided (i) under the terms of
23    the district's membership in a library system operating
24    under the provisions of the Illinois Library System Act or

 

 

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1    (ii) under the terms of any reciprocal agreement with a
2    public or private corporation or entity providing a library
3    service.
4        (2) Residents of an area in which the library is
5    conducting a program for the purpose of encouraging the
6    inclusion of the area in the library district.
7        (3) A nonresident who, as an individual or as a
8    partner, principal stockholder, or other joint owner, owns
9    or leases property that is taxed for library service or is
10    a senior administrative officer of a firm, business, or
11    other corporation owning taxable property within the
12    district, upon presentation of the most recent tax bill
13    upon that taxable property or a copy of the commercial
14    lease of that taxable property.
15        (4) A nonresident in an unincorporated area in Illinois
16    who is a student whose household falls at or below the U.S.
17    Department of Agriculture's Income Eligibility Guidelines.
18    Nothing in this Section requires any public library to
19participate in the non-resident card reciprocal borrowing
20program of a regional library system as provided for in this
21Section.
22(Source: P.A. 100-875, eff. 8-14-18.)
 
23    Section 25. The School Code is amended by changing Section
2410-20.21 as follows:
 

 

 

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1    (105 ILCS 5/10-20.21)
2    Sec. 10-20.21. Contracts.
3    (a) To award all contracts for purchase of supplies and
4materials or work involving an expenditure in excess of $25,000
5or a lower amount as required by board policy to the lowest
6responsible bidder, considering conformity with
7specifications, terms of delivery, quality and serviceability,
8after due advertisement, except the following: (i) contracts
9for the services of individuals possessing a high degree of
10professional skill where the ability or fitness of the
11individual plays an important part; (ii) contracts for the
12printing of finance committee reports and departmental
13reports; (iii) contracts for the printing or engraving of
14bonds, tax warrants and other evidences of indebtedness; (iv)
15contracts for the purchase of perishable foods and perishable
16beverages; (v) contracts for materials and work which have been
17awarded to the lowest responsible bidder after due
18advertisement, but due to unforeseen revisions, not the fault
19of the contractor for materials and work, must be revised
20causing expenditures not in excess of 10% of the contract
21price; (vi) contracts for the maintenance or servicing of, or
22provision of repair parts for, equipment which are made with
23the manufacturer or authorized service agent of that equipment
24where the provision of parts, maintenance, or servicing can
25best be performed by the manufacturer or authorized service
26agent; (vii) purchases and contracts for the use, purchase,

 

 

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1delivery, movement, or installation of data processing
2equipment, software, or services and telecommunications and
3interconnect equipment, software, and services; (viii)
4contracts for duplicating machines and supplies; (ix)
5contracts for the purchase of fuel, including diesel, gasoline,
6oil, aviation, natural gas, or propane, lubricants, or other
7petroleum products; (x) purchases of equipment previously
8owned by some entity other than the district itself; (xi)
9contracts for repair, maintenance, remodeling, renovation, or
10construction, or a single project involving an expenditure not
11to exceed $50,000 and not involving a change or increase in the
12size, type, or extent of an existing facility; (xii) contracts
13for goods or services procured from another governmental
14agency; (xiii) contracts for goods or services which are
15economically procurable from only one source, such as for the
16purchase of magazines, books, periodicals, pamphlets and
17reports, and for utility services such as water, light, heat,
18telephone or telegraph; (xiv) where funds are expended in an
19emergency and such emergency expenditure is approved by 3/4 of
20the members of the board; (xv) State master contracts
21authorized under Article 28A of this Code; and (xvi) contracts
22providing for the transportation of pupils, which contracts
23must be advertised in the same manner as competitive bids and
24awarded by first considering the bidder or bidders most able to
25provide safety and comfort for the pupils, stability of
26service, and any other factors set forth in the request for

 

 

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1proposal regarding quality of service, and then price. However,
2at no time shall a cause of action lie against a school board
3for awarding a pupil transportation contract per the standards
4set forth in this subsection (a) unless the cause of action is
5based on fraudulent conduct.
6    All competitive bids for contracts involving an
7expenditure in excess of $25,000 or a lower amount as required
8by board policy must be sealed by the bidder and must be opened
9by a member or employee of the school board at a public bid
10opening at which the contents of the bids must be announced.
11Each bidder must receive at least 3 days' notice of the time
12and place of the bid opening. For purposes of this Section due
13advertisement includes, but is not limited to, at least one
14public notice at least 10 days before the bid date in a
15newspaper published in the district, or if no newspaper is
16published in the district, in a newspaper of general
17circulation in the area of the district. State master contracts
18and certified education purchasing contracts, as defined in
19Article 28A of this Code, are not subject to the requirements
20of this paragraph.
21    Under this Section, the acceptance of bids sealed by a
22bidder and the opening of these bids at a public bid opening
23may be permitted by an electronic process for communicating,
24accepting, and opening competitive bids. However, bids for
25construction purposes are prohibited from being communicated,
26accepted, or opened electronically. An electronic bidding

 

 

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1process must provide for, but is not limited to, the following
2safeguards:
3        (1) On the date and time certain of a bid opening, the
4    primary person conducting the competitive, sealed,
5    electronic bid process shall log onto a specified database
6    using a unique username and password previously assigned to
7    the bidder to allow access to the bidder's specific bid
8    project number.
9        (2) The specified electronic database must be on a
10    network that (i) is in a secure environment behind a
11    firewall; (ii) has specific encryption tools; (iii)
12    maintains specific intrusion detection systems; (iv) has
13    redundant systems architecture with data storage back-up,
14    whether by compact disc or tape; and (v) maintains a
15    disaster recovery plan.
16It is the legislative intent of Public Act 96-841 to maintain
17the integrity of the sealed bidding process provided for in
18this Section, to further limit any possibility of bid-rigging,
19to reduce administrative costs to school districts, and to
20effect efficiencies in communications with bidders.
21    (b) To require, as a condition of any contract for goods
22and services, that persons bidding for and awarded a contract
23and all affiliates of the person collect and remit Illinois Use
24Tax on all sales of tangible personal property into the State
25of Illinois in accordance with the provisions of the Illinois
26Use Tax Act regardless of whether the person or affiliate is a

 

 

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1"retailer maintaining a place of business within this State" as
2defined in Section 2 of the Use Tax Act. For purposes of this
3Section, the term "affiliate" means any entity that (1)
4directly, indirectly, or constructively controls another
5entity, (2) is directly, indirectly, or constructively
6controlled by another entity, or (3) is subject to the control
7of a common entity. For purposes of this subsection (b), an
8entity controls another entity if it owns, directly or
9individually, more than 10% of the voting securities of that
10entity. As used in this subsection (b), the term "voting
11security" means a security that (1) confers upon the holder the
12right to vote for the election of members of the board of
13directors or similar governing body of the business or (2) is
14convertible into, or entitles the holder to receive upon its
15exercise, a security that confers such a right to vote. A
16general partnership interest is a voting security.
17    To require that bids and contracts include a certification
18by the bidder or contractor that the bidder or contractor is
19not barred from bidding for or entering into a contract under
20this Section and that the bidder or contractor acknowledges
21that the school board may declare the contract void if the
22certification completed pursuant to this subsection (b) is
23false.
24    (b-5) To require all contracts and agreements that pertain
25to goods and services and that are intended to generate
26additional revenue and other remunerations for the school

 

 

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

 

 

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1education purchasing entity.
2(Source: P.A. 101-570, eff. 8-23-19.)
 
3    Section 30. The Illinois Public Aid Code is amended by
4changing Sections 6-1.2, 6-2, and 6-10 as follows:
 
5    (305 ILCS 5/6-1.2)  (from Ch. 23, par. 6-1.2)
6    Sec. 6-1.2. Need. Income available to the person, when
7added to contributions in money, substance, or services from
8other sources, including contributions from legally
9responsible relatives, must be insufficient to equal the grant
10amount established by Department regulation (or by local
11governmental unit in units which do not receive State funds)
12for such a person.
13    In determining income to be taken into account:
14        (1) The first $75 of earned income in income assistance
15    units comprised exclusively of one adult person shall be
16    disregarded, and for not more than 3 months in any 12
17    consecutive months that portion of earned income beyond the
18    first $75 that is the difference between the standard of
19    assistance and the grant amount, shall be disregarded.
20        (2) For income assistance units not comprised
21    exclusively of one adult person, when authorized by rules
22    and regulations of the Illinois Department, a portion of
23    earned income, not to exceed the first $25 a month plus 50%
24    of the next $75, may be disregarded for the purpose of

 

 

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1    stimulating and aiding rehabilitative effort and
2    self-support activity.
3    "Earned income" means money earned in self-employment or
4wages, salary, or commission for personal services performed as
5an employee. The eligibility of any applicant for or recipient
6of public aid under this Article is not affected by the payment
7of any grant under the "Senior Citizens and Persons with
8Disabilities Property Tax Relief Act", any refund or payment of
9the federal Earned Income Tax Credit, any rebate authorized
10under Section 2201(a) of the Coronavirus Aid, Relief, and
11Economic Security Act (Public Law 116-136) or under any other
12federal economic stimulus program created in response to the
13COVID-19 emergency, or any distributions or items of income
14described under subparagraph (X) of paragraph (2) of subsection
15(a) of Section 203 of the Illinois Income Tax Act.
16(Source: P.A. 99-143, eff. 7-27-15.)
 
17    (305 ILCS 5/6-2)  (from Ch. 23, par. 6-2)
18    Sec. 6-2. Amount of aid. The amount and nature of General
19Assistance for basic maintenance requirements shall be
20determined in accordance with local budget standards for local
21governmental units which do not receive State funds. For local
22governmental units which do receive State funds, the amount and
23nature of General Assistance for basic maintenance
24requirements shall be determined in accordance with the
25standards, rules and regulations of the Illinois Department.

 

 

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1However, the amount and nature of any financial aid is not
2affected by the payment of any grant under the Senior Citizens
3and Persons with Disabilities Property Tax Relief Act, any
4rebate authorized under Section 2201(a) of the Coronavirus Aid,
5Relief, and Economic Security Act (Public Law 116-136) or under
6any other federal economic stimulus program created in response
7to the COVID-19 emergency, or any distributions or items of
8income described under subparagraph (X) of paragraph (2) of
9subsection (a) of Section 203 of the Illinois Income Tax Act.
10Due regard shall be given to the requirements and the
11conditions existing in each case, and to the income, money
12contributions and other support and resources available, from
13whatever source. In local governmental units which do not
14receive State funds, the grant shall be sufficient when added
15to all other income, money contributions and support in excess
16of any excluded income or resources, to provide the person with
17a grant in the amount established for such a person by the
18local governmental unit based upon standards meeting basic
19maintenance requirements. In local governmental units which do
20receive State funds, the grant shall be sufficient when added
21to all other income, money contributions and support in excess
22of any excluded income or resources, to provide the person with
23a grant in the amount established for such a person by
24Department regulation based upon standards providing a
25livelihood compatible with health and well-being, as directed
26by Section 12-4.11 of this Code.

 

 

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1    The Illinois Department may conduct special projects,
2which may be known as Grant Diversion Projects, under which
3recipients of financial aid under this Article are placed in
4jobs and their grants are diverted to the employer who in turn
5makes payments to the recipients in the form of salary or other
6employment benefits. The Illinois Department shall by rule
7specify the terms and conditions of such Grant Diversion
8Projects. Such projects shall take into consideration and be
9coordinated with the programs administered under the Illinois
10Emergency Employment Development Act.
11    The allowances provided under Article IX for recipients
12participating in the training and rehabilitation programs
13shall be in addition to such maximum payment.
14    Payments may also be made to provide persons receiving
15basic maintenance support with necessary treatment, care and
16supplies required because of illness or disability or with
17acute medical treatment, care, and supplies. Payments for
18necessary or acute medical care under this paragraph may be
19made to or in behalf of the person. Obligations incurred for
20such services but not paid for at the time of a recipient's
21death may be paid, subject to the rules and regulations of the
22Illinois Department, after the death of the recipient.
23(Source: P.A. 99-143, eff. 7-27-15.)
 
24    (305 ILCS 5/6-10)  (from Ch. 23, par. 6-10)
25    Sec. 6-10. Emergency financial assistance. Except in a

 

 

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1city, village or incorporated town of more than 500,000
2population, when an applicant resides in the local governmental
3unit in which he makes application, emergency financial
4assistance to alleviate life-threatening circumstances or to
5assist the individual in attaining self-sufficiency may be
6given to or in behalf of the applicant. The emergency
7assistance so given shall be by vendor payment in an amount
8necessary to meet the need, up to the maximum established by
9the local governmental unit. Emergency assistance shall not be
10granted under this Section more than once to any applicant
11during any 12 consecutive month period. Persons currently
12receiving financial assistance under this Article or under any
13other Article of this Code shall not be eligible for emergency
14financial assistance under this Section. However, the amount
15and nature of any emergency financial assistance is not
16affected by the payment of any rebate authorized under Section
172201(a) of the Coronavirus Aid, Relief, and Economic Security
18Act (Public Law 116-136) or under any other federal economic
19stimulus program created in response to the COVID-19 emergency.
20Persons receiving only medical assistance from the Illinois
21Department may, however, receive emergency financial
22assistance under this Section. Emergency financial assistance
23may be provided under this Section to persons who are
24applicants for public aid from the Illinois Department in order
25to cover time periods prior to receipt of public aid from the
26Illinois Department. A local governmental unit may use General

 

 

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1Assistance moneys to provide emergency financial assistance
2under this Section but shall not use State funds to provide
3assistance under this Section. If a local governmental unit
4receives State funds to provide General Assistance under this
5Article, assistance provided by the local governmental unit
6under this Section shall not be considered in determining
7whether a local governmental unit has qualified to receive
8State funds under Article XII. A local governmental unit which
9provides assistance under this Section shall not, as a result
10of payment of such assistance, change the nature or amount of
11assistance provided to any other individual or family under
12this Article.
13(Source: P.A. 88-412.)
 
14    Section 35. The Housing Authorities Act is amended by
15changing Sections 8.2, 14, and 24 as follows:
 
16    (310 ILCS 10/8.2)  (from Ch. 67 1/2, par. 8.2)
17    Sec. 8.2. Projects; competitive bidding; arrangement with
18for-profit developer. An Authority has power to prepare, carry
19out and operate projects; to provide for the construction,
20reconstruction, improvement, alteration or repair of any
21project or any part thereof; to take over by purchase, lease,
22or otherwise any project undertaken by any government; to act
23as agent for the Federal government in connection with the
24acquisition, construction, operation, or management of a

 

 

HB2096 Enrolled- 24 -LRB101 04912 AWJ 49921 b

1project or any part thereof; to arrange with any government
2within the area of operation for the furnishing, planning,
3replanning, opening or closing of streets, roads, roadways,
4alleys, parks, or other places of public facilities or for the
5acquisition by any government or any agency, instrumentality or
6subdivision thereof, of property, options or property rights or
7for the furnishing of property or services in connection with a
8project; to function as an agency of the city, village,
9incorporated town or county for which it is constituted an
10Authority and to act as an agent (when so designated) for any
11government, with respect to matters relating to housing and the
12purposes of this Act, including action for the elimination of
13unsafe and unsanitary dwellings, the provision of rental
14assistance, the clearing and redevelopment of blighted or slum
15areas, the assembly of improved and unimproved land for
16development or redevelopment purposes, the conservation and
17rehabilitation of existing housing, and the provision of
18decent, safe and sanitary and affordable housing
19accommodations, and to utilize any and all of its powers to
20assist governments in any manner which will tend to further the
21objectives of this Act; to assist through the exercise of the
22powers herein conferred any individual, association,
23corporation or organization which presents a plan for
24developing or redeveloping any property within the area of
25operation of the Authority which will tend to provide decent,
26safe and sanitary and affordable housing, or promote other uses

 

 

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1essential to sound community growth.
2    In counties having a population of less than 1,000,000, any
3contract in which State funds are used for repair, improvement
4or rehabilitation of existing improvements that involves
5expenditures that meet the requirements applicable to either
6federal or State programs shall be let by free and competitive
7bidding to the lowest responsible bidder upon bond and subject
8to regulations as may be set by the Department and with the
9written approval of the Department. In the case of an emergency
10affecting the public health or safety declared by a majority
11vote of the commissioners of the Housing Authority, contracts
12may be let, to the extent necessary to resolve an emergency,
13without public advertisement or competitive bidding.
14    In addition to the powers conferred by this Act and other
15laws concerning housing authorities, a Housing Authority in any
16municipality or county having a population in excess of
171,000,000 shall be authorized to participate as a partner or
18member of a partnership, limited liability company, joint
19venture, or other form of a business arrangement with a
20for-profit developer or non-profit developer and shall have all
21powers deemed necessary and appropriate to engage in the
22rehabilitation and development or ownership, or both
23development and ownership, of low-income and mixed-income
24rental and for-sale housing as a partner or member of a
25partnership, limited liability company, or joint venture.
26(Source: P.A. 95-887, eff. 8-22-08.)
 

 

 

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1    (310 ILCS 10/14)  (from Ch. 67 1/2, par. 14)
2    Sec. 14. Approval of projects by Department. Prior to the
3acquisition of title to any real property an Authority shall
4submit to the Department data as to the location and cost of
5the property, and prior to the undertaking of any construction
6or other initiation of a project an Authority shall submit to
7the Department the proposed plans, specifications and
8estimates of the costs and a statement of the proposed methods
9of financing and operating the project. An Authority shall not
10finally acquire title to any real estate nor undertake the
11construction or operation of a project without the approval of
12the Department; provided that, if the Department shall fail
13within thirty days after receipt thereof to state its
14disapproval of the proposals or such modifications thereof as
15it may deem desirable, the proposals shall be deemed to have
16been approved as submitted. No change involving an expenditure
17of more than twenty-five hundred dollars ($2500) shall be made
18in any proposal approved by the Department without submission
19to the Department in the manner prescribed in this Section. The
20provisions of this Section shall not apply with reference to
21any project which is or is to be financed in whole or in part by
22the federal government or any agency or instrumentality thereof
23or undertaken pursuant to the additional powers conferred in
24Section 8.2 upon housing authorities in any municipality or
25county having a population in excess of 1,000,000 pursuant to

 

 

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1this amendatory Act of the 95th General Assembly.
2(Source: P.A. 95-887, eff. 8-22-08.)
 
3    (310 ILCS 10/24)  (from Ch. 67 1/2, par. 24)
4    Sec. 24. Management and operation of housing projects. It
5is hereby declared to be the policy of this State that each
6housing authority shall manage and operate its housing projects
7in an efficient manner so as to enable it to fix the rentals
8for dwellings at the lowest possible rates consistent with its
9providing decent, safe and sanitary and affordable dwellings,
10and that no Housing Authority shall construct or operate any
11project for profit, or as a source of revenue to a city,
12village, incorporated town or county. To this end an Authority
13shall fix the rentals for dwellings in its projects at no
14higher rates than it shall find to be necessary in order to
15produce revenues which (together with all other available
16moneys, revenues, income and receipts of the Authority from
17whatever sources derived) will be sufficient (a) to pay, as the
18same becomes due, the principal and interest on the bonds of
19the Authority; (b) to meet and provide for the cost of
20maintaining and operating the projects (including the cost of
21any insurance on the projects or bonds issued therefor) and the
22administrative expenses of the Authority; (c) to create (during
23not less than the ten years immediately succeeding its issuance
24of any bonds) a reserve sufficient to meet the large principal
25and interest payments which will be due on bonds in any 2

 

 

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1consecutive years thereafter, and to maintain a reserve; and
2(d) to create a reasonable reserve solely from any
3contributions or grants to the Authority from the federal
4government, the State, or any political subdivision of the
5State for the purpose of meeting the cost of maintaining and
6operating the project and of paying the principal and interest
7on its bonds. The management of low-rent public housing
8projects financed and developed under the U.S. Housing Act of
91937, as now or hereafter amended, shall be in accordance with
10the provisions of that Act. The provisions of this Section 24
11shall not apply to any project undertaken pursuant to the
12additional powers conferred in Section 8.2 upon housing
13authorities in any municipality or county having a population
14in excess of 1,000,000 pursuant to this amendatory Act of the
1595th General Assembly.
16(Source: P.A. 95-887, eff. 8-22-08.)
 
17    Section 90. The State Mandates Act is amended by adding
18Section 8.44 as follows:
 
19    (30 ILCS 805/8.44 new)
20    Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8
21of this Act, no reimbursement by the State is required for the
22implementation of any mandate created by Section 4-7 of the
23Illinois Local Library Act or Section 30-55.60 of the Public
24Library District Act of 1991.
 

 

 

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