Illinois General Assembly - Full Text of HB2406
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Full Text of HB2406  102nd General Assembly




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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 2. The Election Code is amended by changing
5Section 11-8 as follows:
6    (10 ILCS 5/11-8)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 11-8. Vote centers.
9    (a) Notwithstanding any law to the contrary, election
10authorities shall establish at least one location to be
11located at an office of the election authority or in the
12largest municipality within its jurisdiction where all voters
13in its jurisdiction are allowed to vote on election day during
14polling place hours, regardless of the precinct in which they
15are registered. An election authority establishing such a
16location under this Section shall identify the location and
17any health and safety requirements by the 40th day preceding
18the 2022 general primary election and the 2022 general
19election and certify such to the State Board of Elections.
20    (b) This Section is repealed on July January 1, 2023.
21(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21.)
22    Section 3. The Civil Administrative Code of Illinois is



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1amended by changing Section 5-565 as follows:
2    (20 ILCS 5/5-565)  (was 20 ILCS 5/6.06)
3    Sec. 5-565. In the Department of Public Health.
4    (a) The General Assembly declares it to be the public
5policy of this State that all residents of Illinois are
6entitled to lead healthy lives. Governmental public health has
7a specific responsibility to ensure that a public health
8system is in place to allow the public health mission to be
9achieved. The public health system is the collection of
10public, private, and voluntary entities as well as individuals
11and informal associations that contribute to the public's
12health within the State. To develop a public health system
13requires certain core functions to be performed by government.
14The State Board of Health is to assume the leadership role in
15advising the Director in meeting the following functions:
16        (1) Needs assessment.
17        (2) Statewide health objectives.
18        (3) Policy development.
19        (4) Assurance of access to necessary services.
20    There shall be a State Board of Health composed of 20
21persons, all of whom shall be appointed by the Governor, with
22the advice and consent of the Senate for those appointed by the
23Governor on and after June 30, 1998, and one of whom shall be a
24senior citizen age 60 or over. Five members shall be
25physicians licensed to practice medicine in all its branches,



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1one representing a medical school faculty, one who is board
2certified in preventive medicine, and one who is engaged in
3private practice. One member shall be a chiropractic
4physician. One member shall be a dentist; one an environmental
5health practitioner; one a local public health administrator;
6one a local board of health member; one a registered nurse; one
7a physical therapist; one an optometrist; one a veterinarian;
8one a public health academician; one a health care industry
9representative; one a representative of the business
10community; one a representative of the non-profit public
11interest community; and 2 shall be citizens at large.
12    The terms of Board of Health members shall be 3 years,
13except that members shall continue to serve on the Board of
14Health until a replacement is appointed. Upon the effective
15date of Public Act 93-975 (January 1, 2005), in the
16appointment of the Board of Health members appointed to
17vacancies or positions with terms expiring on or before
18December 31, 2004, the Governor shall appoint up to 6 members
19to serve for terms of 3 years; up to 6 members to serve for
20terms of 2 years; and up to 5 members to serve for a term of
21one year, so that the term of no more than 6 members expire in
22the same year. All members shall be legal residents of the
23State of Illinois. The duties of the Board shall include, but
24not be limited to, the following:
25        (1) To advise the Department of ways to encourage
26    public understanding and support of the Department's



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1    programs.
2        (2) To evaluate all boards, councils, committees,
3    authorities, and bodies advisory to, or an adjunct of, the
4    Department of Public Health or its Director for the
5    purpose of recommending to the Director one or more of the
6    following:
7            (i) The elimination of bodies whose activities are
8        not consistent with goals and objectives of the
9        Department.
10            (ii) The consolidation of bodies whose activities
11        encompass compatible programmatic subjects.
12            (iii) The restructuring of the relationship
13        between the various bodies and their integration
14        within the organizational structure of the Department.
15            (iv) The establishment of new bodies deemed
16        essential to the functioning of the Department.
17        (3) To serve as an advisory group to the Director for
18    public health emergencies and control of health hazards.
19        (4) To advise the Director regarding public health
20    policy, and to make health policy recommendations
21    regarding priorities to the Governor through the Director.
22        (5) To present public health issues to the Director
23    and to make recommendations for the resolution of those
24    issues.
25        (6) To recommend studies to delineate public health
26    problems.



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1        (7) To make recommendations to the Governor through
2    the Director regarding the coordination of State public
3    health activities with other State and local public health
4    agencies and organizations.
5        (8) To report on or before February 1 of each year on
6    the health of the residents of Illinois to the Governor,
7    the General Assembly, and the public.
8        (9) To review the final draft of all proposed
9    administrative rules, other than emergency or peremptory
10    rules and those rules that another advisory body must
11    approve or review within a statutorily defined time
12    period, of the Department after September 19, 1991 (the
13    effective date of Public Act 87-633). The Board shall
14    review the proposed rules within 90 days of submission by
15    the Department. The Department shall take into
16    consideration any comments and recommendations of the
17    Board regarding the proposed rules prior to submission to
18    the Secretary of State for initial publication. If the
19    Department disagrees with the recommendations of the
20    Board, it shall submit a written response outlining the
21    reasons for not accepting the recommendations.
22        In the case of proposed administrative rules or
23    amendments to administrative rules regarding immunization
24    of children against preventable communicable diseases
25    designated by the Director under the Communicable Disease
26    Prevention Act, after the Immunization Advisory Committee



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1    has made its recommendations, the Board shall conduct 3
2    public hearings, geographically distributed throughout the
3    State. At the conclusion of the hearings, the State Board
4    of Health shall issue a report, including its
5    recommendations, to the Director. The Director shall take
6    into consideration any comments or recommendations made by
7    the Board based on these hearings.
8        (10) To deliver to the Governor for presentation to
9    the General Assembly a State Health Assessment (SHA) and a
10    State Health Improvement Plan (SHIP). The first 5 such
11    plans shall be delivered to the Governor on January 1,
12    2006, January 1, 2009, January 1, 2016, January 1, 2021,
13    and December 31, 2023 2022, and then every 5 years
14    thereafter.
15        The State Health Assessment and State Health
16    Improvement Plan shall assess and recommend priorities and
17    strategies to improve the public health system and , the
18    health status of Illinois residents, reduce health
19    disparities and inequities, and promote health equity. The
20    State Health Assessment and State Health Improvement Plan
21    development and implementation shall conform to national
22    Public Health Accreditation Board Standards. The State
23    Health Assessment and State Health Improvement Plan
24    development and implementation process shall be carried
25    out with the administrative and operational support of the
26    Department of Public Health.



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1        The State Health Assessment shall include
2    comprehensive, broad-based data and information from a
3    variety of sources on health status and the public health
4    system including:
5            (i) quantitative data, if it is available, on the
6        demographics and health status of the population,
7        including data over time on health by gender identity,
8        sexual orientation, race, ethnicity, age,
9        socio-economic factors, geographic region, disability
10        status, and other indicators of disparity;
11            (ii) quantitative data on social and structural
12        issues affecting health (social and structural
13        determinants of health), including, but not limited
14        to, housing, transportation, educational attainment,
15        employment, and income inequality;
16            (iii) priorities and strategies developed at the
17        community level through the Illinois Project for Local
18        Assessment of Needs (IPLAN) and other local and
19        regional community health needs assessments;
20            (iv) qualitative data representing the
21        population's input on health concerns and well-being,
22        including the perceptions of people experiencing
23        disparities and health inequities;
24            (v) information on health disparities and health
25        inequities; and
26            (vi) information on public health system strengths



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1        and areas for improvement.
2        The State Health Improvement Plan shall focus on
3    prevention, social determinants of health, and promoting
4    health equity as key strategies for long-term health
5    improvement in Illinois.
6        The State Health Improvement Plan shall identify
7    priority State health issues and social issues affecting
8    health, and shall examine and make recommendations on the
9    contributions and strategies of the public and private
10    sectors for improving health status and the public health
11    system in the State. In addition to recommendations on
12    health status improvement priorities and strategies for
13    the population of the State as a whole, the State Health
14    Improvement Plan shall make recommendations, provided that
15    data exists to support such recommendations, regarding
16    priorities and strategies for reducing and eliminating
17    health disparities and health inequities in Illinois;
18    including racial, ethnic, gender identification, sexual
19    orientation, age, disability, socio-economic, and
20    geographic disparities. The State Health Improvement Plan
21    shall make recommendations regarding social determinants
22    of health, such as housing, transportation, educational
23    attainment, employment, and income inequality.
24        The development and implementation of the State Health
25    Assessment and State Health Improvement Plan shall be a
26    collaborative public-private cross-agency effort overseen



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1    by the SHA and SHIP Partnership. The Director of Public
2    Health shall consult with the Governor to ensure
3    participation by the head of State agencies with public
4    health responsibilities (or their designees) in the SHA
5    and SHIP Partnership, including, but not limited to, the
6    Department of Public Health, the Department of Human
7    Services, the Department of Healthcare and Family
8    Services, the Department of Children and Family Services,
9    the Environmental Protection Agency, the Illinois State
10    Board of Education, the Department on Aging, the Illinois
11    Housing Development Authority, the Illinois Criminal
12    Justice Information Authority, the Department of
13    Agriculture, the Department of Transportation, the
14    Department of Corrections, the Department of Commerce and
15    Economic Opportunity, and the Chair of the State Board of
16    Health to also serve on the Partnership. A member of the
17    Governor's staff shall participate in the Partnership and
18    serve as a liaison to the Governor's office.
19        The Director of Public Health shall appoint a minimum
20    of 15 other members of the SHA and SHIP Partnership
21    representing a range of public, private, and voluntary
22    sector stakeholders and participants in the public health
23    system. For the first SHA and SHIP Partnership after April
24    27, 2021 (the effective date of Public Act 102-4) this
25    amendatory Act of the 102nd General Assembly, one-half of
26    the members shall be appointed for a 3-year term, and



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1    one-half of the members shall be appointed for a 5-year
2    term. Subsequently, members shall be appointed to 5-year
3    terms. Should any member not be able to fulfill his or her
4    term, the Director may appoint a replacement to complete
5    that term. The Director, in consultation with the SHA and
6    SHIP Partnership, may engage additional individuals and
7    organizations to serve on subcommittees and ad hoc efforts
8    to conduct the State Health Assessment and develop and
9    implement the State Health Improvement Plan. Members of
10    the SHA and SHIP Partnership shall receive no compensation
11    for serving as members, but may be reimbursed for their
12    necessary expenses if departmental resources allow.
13        The SHA and SHIP Partnership shall include:
14    representatives of local health departments and
15    individuals with expertise who represent an array of
16    organizations and constituencies engaged in public health
17    improvement and prevention, such as non-profit public
18    interest groups, groups serving populations that
19    experience health disparities and health inequities,
20    groups addressing social determinants of health, health
21    issue groups, faith community groups, health care
22    providers, businesses and employers, academic
23    institutions, and community-based organizations.
24        The Director shall endeavor to make the membership of
25    the Partnership diverse and inclusive of the racial,
26    ethnic, gender, socio-economic, and geographic diversity



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1    of the State. The SHA and SHIP Partnership shall be
2    chaired by the Director of Public Health or his or her
3    designee.
4        The SHA and SHIP Partnership shall develop and
5    implement a community engagement process that facilitates
6    input into the development of the State Health Assessment
7    and State Health Improvement Plan. This engagement process
8    shall ensure that individuals with lived experience in the
9    issues addressed in the State Health Assessment and State
10    Health Improvement Plan are meaningfully engaged in the
11    development and implementation of the State Health
12    Assessment and State Health Improvement Plan.
13        The State Board of Health shall hold at least 3 public
14    hearings addressing a draft of the State Health
15    Improvement Plan in representative geographic areas of the
16    State.
17        Upon the delivery of each State Health Assessment and
18    State Health Improvement Plan, the SHA and SHIP
19    Partnership shall coordinate the efforts and engagement of
20    the public, private, and voluntary sector stakeholders and
21    participants in the public health system to implement each
22    SHIP. The Partnership shall serve as a forum for
23    collaborative action; coordinate existing and new
24    initiatives; develop detailed implementation steps, with
25    mechanisms for action; implement specific projects;
26    identify public and private funding sources at the local,



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1    State and federal level; promote public awareness of the
2    SHIP; and advocate for the implementation of the SHIP. The
3    SHA and SHIP Partnership shall implement strategies to
4    ensure that individuals and communities affected by health
5    disparities and health inequities are engaged in the
6    process throughout the 5-year cycle. The SHA and SHIP
7    Partnership shall regularly evaluate and update the State
8    Health Assessment and track implementation of the State
9    Health Improvement Plan with revisions as necessary. The
10    SHA and SHIP Partnership shall not have the authority to
11    direct any public or private entity to take specific
12    action to implement the SHIP.
13        The State Board of Health shall submit a report by
14    January 31 of each year on the status of State Health
15    Improvement Plan implementation and community engagement
16    activities to the Governor, General Assembly, and public.
17    In the fifth year, the report may be consolidated into the
18    new State Health Assessment and State Health Improvement
19    Plan.
20        (11) Upon the request of the Governor, to recommend to
21    the Governor candidates for Director of Public Health when
22    vacancies occur in the position.
23        (12) To adopt bylaws for the conduct of its own
24    business, including the authority to establish ad hoc
25    committees to address specific public health programs
26    requiring resolution.



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1        (13) (Blank).
2    Upon appointment, the Board shall elect a chairperson from
3among its members.
4    Members of the Board shall receive compensation for their
5services at the rate of $150 per day, not to exceed $10,000 per
6year, as designated by the Director for each day required for
7transacting the business of the Board and shall be reimbursed
8for necessary expenses incurred in the performance of their
9duties. The Board shall meet from time to time at the call of
10the Department, at the call of the chairperson, or upon the
11request of 3 of its members, but shall not meet less than 4
12times per year.
13    (b) (Blank).
14    (c) An Advisory Board on Necropsy Service to Coroners,
15which shall counsel and advise with the Director on the
16administration of the Autopsy Act. The Advisory Board shall
17consist of 11 members, including a senior citizen age 60 or
18over, appointed by the Governor, one of whom shall be
19designated as chairman by a majority of the members of the
20Board. In the appointment of the first Board the Governor
21shall appoint 3 members to serve for terms of one 1 year, 3 for
22terms of 2 years, and 3 for terms of 3 years. The members first
23appointed under Public Act 83-1538 shall serve for a term of 3
24years. All members appointed thereafter shall be appointed for
25terms of 3 years, except that when an appointment is made to
26fill a vacancy, the appointment shall be for the remaining



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1term of the position vacant. The members of the Board shall be
2citizens of the State of Illinois. In the appointment of
3members of the Advisory Board, the Governor shall appoint 3
4members who shall be persons licensed to practice medicine and
5surgery in the State of Illinois, at least 2 of whom shall have
6received post-graduate training in the field of pathology; 3
7members who are duly elected coroners in this State; and 5
8members who shall have interest and abilities in the field of
9forensic medicine but who shall be neither persons licensed to
10practice any branch of medicine in this State nor coroners. In
11the appointment of medical and coroner members of the Board,
12the Governor shall invite nominations from recognized medical
13and coroners organizations in this State respectively. Board
14members, while serving on business of the Board, shall receive
15actual necessary travel and subsistence expenses while so
16serving away from their places of residence.
17(Source: P.A. 102-4, eff. 4-27-21; 102-558, eff. 8-20-21;
18102-674, eff. 11-30-21; revised 6-7-22.)
19    Section 5. The Department of Commerce and Economic
20Opportunity Law of the Civil Administrative Code of Illinois
21is amended by changing Section 605-1045.1 as follows:
22    (20 ILCS 605/605-1045.1)
23    (Section scheduled to be repealed on January 1, 2023)
24    Sec. 605-1045.1. Restore Illinois Collaborative



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1Commission. The General Assembly finds and declares that this
2amendatory Act of the 102nd General Assembly manifests the
3intention of the General Assembly to extend the repeal of
4Section 605-1045. Section 605-1045 as enacted and reenacted in
5this Section shall be deemed to have been in continuous effect
6since June 12, 2020 and it shall continue to be in effect
7henceforward until it is otherwise lawfully repealed. All
8previously enacted amendments to this Section taking effect on
9or after June 12, 2020, are hereby validated. All actions
10taken in reliance on the continuing effect of Section 605-1045
11by any person or entity are hereby validated. In order to
12ensure the continuing effectiveness of this Section, it is set
13forth in full and reenacted by this amendatory Act of the 102nd
14General Assembly. This reenactment is intended as a
15continuation of this Section. It is not intended to supersede
16any amendment to this Section that is enacted by the 102nd
17General Assembly.
18    (a) The General Assembly hereby finds and declares that
19the State is confronted with a public health crisis that has
20created unprecedented challenges for the State's diverse
21economic base. In light of this crisis, and the heightened
22need for collaboration between the legislative and executive
23branches, the General Assembly hereby establishes the Restore
24Illinois Collaborative Commission. The members of the
25Commission will participate in and provide input on plans to
26revive the various sectors of the State's economy in the wake



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1of the COVID-19 pandemic.
2    (b) The Department may request meetings be convened to
3address revitalization efforts for the various sectors of the
4State's economy. Such meetings may include public
5participation as determined by the Commission.
6    (c) The Department shall provide a written report to the
7Commission and the General Assembly not less than every 30
8days regarding the status of current and proposed
9revitalization efforts. The written report shall include
10applicable metrics that demonstrate progress on recovery
11efforts, as well as any additional information as requested by
12the Commission. The first report shall be delivered by July 1,
132020. The reports to the General Assembly shall be delivered
14to all members, in addition to complying with the requirements
15of Section 3.1 of the General Assembly Organization Act.
16    (d) The Restore Illinois Collaborative Commission shall
17consist of 14 members, appointed as follows:
18        (1) four members of the House of Representatives
19    appointed by the Speaker of the House of Representatives;
20        (2) four members of the Senate appointed by the Senate
21    President;
22        (3) three members of the House of Representatives
23    appointed by the Minority Leader of the House of
24    Representatives; and
25        (4) three members of the Senate appointed by the
26    Senate Minority Leader.



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1    (e) The Speaker of the House of Representatives and the
2Senate President shall each appoint one member of the
3Commission to serve as a Co-Chair. The Co-Chairs may convene
4meetings of the Commission. The members of the Commission
5shall serve without compensation.
6    (f) This Section is repealed January 1, 2024 2023.
7(Source: P.A. 102-577, eff. 8-24-21.)
8    Section 10. The Illinois Power Agency Act is amended by
9changing Section 1-130 as follows:
10    (20 ILCS 3855/1-130)
11    (Section scheduled to be repealed on January 1, 2023)
12    Sec. 1-130. Home rule preemption.
13    (a) The authorization to impose any new taxes or fees
14specifically related to the generation of electricity by, the
15capacity to generate electricity by, or the emissions into the
16atmosphere by electric generating facilities after the
17effective date of this Act is an exclusive power and function
18of the State. A home rule unit may not levy any new taxes or
19fees specifically related to the generation of electricity by,
20the capacity to generate electricity by, or the emissions into
21the atmosphere by electric generating facilities after the
22effective date of this Act. This Section is a denial and
23limitation on home rule powers and functions under subsection
24(g) of Section 6 of Article VII of the Illinois Constitution.



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1    (b) This Section is repealed on January 1, 2024 2023.
2(Source: P.A. 101-639, eff. 6-12-20; 102-671, eff. 11-30-21.)
3    Section 15. The Illinois Immigrant Impact Task Force Act
4is amended by changing Sections 5 and 10 as follows:
5    (20 ILCS 5156/5)
6    (Section scheduled to be repealed on January 1, 2023)
7    Sec. 5. Illinois Immigrant Impact Task Force.
8    (a) There is hereby established the Illinois Immigrant
9Impact Task Force.
10    (b) The Task Force shall consist of 27 members appointed
11as follows:
12        (1) one member appointed by the President of the
13    Senate;
14        (2) one member appointed by the Speaker of the House
15    of Representatives;
16        (3) one member appointed by the Minority Leader of the
17    Senate;
18        (4) one member appointed by the Minority Leader of the
19    House of Representatives;
20        (5) one representative of the Governor's Office;
21        (6) one representative of the Governor's Office of
22    Management and Budget;
23        (7) one representative of the Lieutenant Governor's
24    Office;



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1        (8) the Executive Director of the Illinois Housing
2    Development Authority or his or her designee;
3        (9) the Secretary of Human Services or his or her
4    designee;
5        (10) the Director on Aging or his or her designee;
6        (11) the Director of Commerce and Economic Opportunity
7    or his or her designee;
8        (12) the Director of Children and Family Services or
9    his or her designee;
10        (13) the Director of Public Health or his or her
11    designee;
12        (14) the Director of Healthcare and Family Services or
13    his or her designee;
14        (15) the Director of Human Rights or his or her
15    designee;
16        (16) the Director of Employment Security or his or her
17    designee;
18        (17) the Director of Juvenile Justice or his or her
19    designee;
20        (18) the Director of Corrections or his or her
21    designee;
22        (19) the Executive Director of the Illinois Criminal
23    Justice Information Authority or his or her designee;
24        (20) the Chairman of the State Board of Education or
25    his or her designee;
26        (21) the Chairman of the Board of Higher Education or



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1    his or her designee;
2        (22) the Chairman of the Illinois Community College
3    Board or his or her designee; and
4        (23) five representatives from organizations offering
5    aid or services to immigrants, appointed by the Governor.
6    (c) The Task Force shall convene as soon as practicable
7after the effective date of this Act, and shall hold at least 6
8meetings. Members of the Task Force shall serve without
9compensation. The Department of Human Services, in
10consultation with any other State agency relevant to the issue
11of immigration in this State, shall provide administrative and
12other support to the Task Force.
13    (d) The Task Force shall examine the following issues:
14        (1) what the State of Illinois is currently doing to
15    proactively help immigrant communities in this State,
16    including whether such persons are receiving help to
17    become citizens, receiving help to become business owners,
18    and receiving aid for educational purposes;
19        (2) what can the State do going forward to improve
20    relations between the State and immigrant communities in
21    this State;
22        (3) what is the status of immigrant communities from
23    urban, suburban, and rural areas of this State, and
24    whether adequate support and resources have been provided
25    to these communities;
26        (4) the extent to which immigrants in this State are



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1    being discriminated against;
2        (5) whether the laws specifically intended to benefit
3    immigrant populations in this State are actually having a
4    beneficial effect;
5        (6) the practices and procedures of the federal
6    Immigration and Customs Enforcement agency within this
7    State;
8        (7) the use and condition of detention centers in this
9    State;
10        (8) all contracts in Illinois entered into with United
11    States Immigration and Customs Enforcement, including
12    contracts with private detention centers, the Illinois
13    State Police, and the Secretary of State's Office,
14    Division of Motor Vehicles;
15        (9) the impact of the COVID-19 pandemic on immigrant
16    communities, including health impact rates, employment
17    rates, housing, small businesses, and community
18    development;
19        (10) the disbursement of funds received by different
20    agencies that went to immigrant communities;
21        (11) language access programs and their impact on
22    helping immigrant communities better interact with State
23    agencies, and whether existing language access programs
24    are effective in helping immigrant communities interact
25    with the State. The Task Force shall also examine whether
26    all State agencies provide language access for non-English



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1    speakers, and which agencies and in what regions of the
2    State is there a lack of language access that creates
3    barriers for non-English dominant speakers from accessing
4    support from the State;
5        (12) the extent to which disparities in access to
6    technology exist in immigrant communities and whether they
7    lead to educational, financial, and other disadvantages;
8    and
9        (13) the extent to which State programs intended for
10    vulnerable populations such as victims of trafficking,
11    crime, and abuse are being implemented or need to be
12    implemented.
13    (e) The Task Force shall report its findings and
14recommendations based upon its examination of issues under
15subsection (d) to the Governor and the General Assembly on or
16before April 30, 2023 December 31, 2022.
17(Source: P.A. 102-236, eff. 8-2-21; 102-1071, eff. 6-10-22.)
18    (20 ILCS 5156/10)
19    (Section scheduled to be repealed on January 1, 2023)
20    Sec. 10. Repeal. This Act is repealed on May 1 January 1,
22(Source: P.A. 102-236, eff. 8-2-21.)
23    Section 20. The Special Commission on Gynecologic Cancers
24Act is amended by changing Section 100-90 as follows:



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1    (20 ILCS 5170/100-90)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 100-90. Repeal. This Article is repealed on January
41, 2028 2023.
5(Source: P.A. 102-4, eff. 4-27-21.)
6    Section 25. The Community Emergency Services and Support
7Act is amended by changing Section 65 as follows:
8    (50 ILCS 754/65)
9    Sec. 65. PSAP and emergency service dispatched through a
109-1-1 PSAP; coordination of activities with mobile and
11behavioral health services. Each 9-1-1 PSAP and emergency
12service dispatched through a 9-1-1 PSAP must begin
13coordinating its activities with the mobile mental and
14behavioral health services established by the Division of
15Mental Health once all 3 of the following conditions are met,
16but not later than July January 1, 2023:
17        (1) the Statewide Committee has negotiated useful
18    protocol and 9-1-1 operator script adjustments with the
19    contracted services providing these tools to 9-1-1 PSAPs
20    operating in Illinois;
21        (2) the appropriate Regional Advisory Committee has
22    completed design of the specific 9-1-1 PSAP's process for
23    coordinating activities with the mobile mental and



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1    behavioral health service; and
2        (3) the mobile mental and behavioral health service is
3    available in their jurisdiction.
4(Source: P.A. 102-580, eff. 1-1-22.)
5    Section 30. The Developmental Disability and Mental
6Disability Services Act is amended by changing Section 7A-1 as
8    (405 ILCS 80/7A-1)
9    (Section scheduled to be repealed on January 1, 2023)
10    Sec. 7A-1. Diversion from Facility-based Care Pilot
12    (a) The purposes of this Article are to:
13        (1) decrease the number of admissions to
14    State-operated facilities;
15        (2) address the needs of individuals receiving Home
16    and Community Based Services (HCBS) with intellectual
17    disabilities or developmental disabilities who are at risk
18    of facility-based care due to significant behavioral
19    challenges, some with a dual diagnosis of mental illness,
20    by providing a community-based residential alternative to
21    facility-based care consistent with their individual
22    plans, and to transition these individuals back to a
23    traditional community-integrated living arrangement or
24    other HCBS community setting program;



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1        (3) create greater capacity within the short-term
2    stabilization homes by allowing individuals who need an
3    extended period of treatment to transfer to a long-term
4    stabilization home;
5        (4) stabilize the existing community-integrated living
6    arrangement homes where the presence of individuals with
7    complex behavioral challenges is disruptive to their
8    housemates; and
9        (5) add support services to enhance community service
10    providers who serve individuals with significant
11    behavioral challenges.
12    (b) Subject to appropriation or the availability of other
13funds for these purposes at the discretion of the Department,
14the Department shall establish the Diversion from
15Facility-based Care Pilot Program consisting of at least 6
16homes in various locations in this State in accordance with
17this Article and the following model:
18        (1) the Diversion from Facility-based Care Model shall
19    serve individuals with intellectual disabilities or
20    developmental disabilities who are currently receiving
21    HCBS services and are at risk of facility-based care due
22    to significant behavioral challenges, some with a dual
23    diagnosis of mental illness, for a period ranging from one
24    to 2 years, or longer if appropriate for the individual;
25        (2) the Program shall be regulated in accordance with
26    the community-integrated living arrangement guidelines;



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1        (3) each home shall support no more than 4 residents,
2    each having his or her own bedroom;
3        (4) if, at any point, an individual, his or her
4    guardian, or family caregivers, in conjunction with the
5    provider and clinical staff, believe the individual is
6    capable of participating in a HCBS service, those
7    opportunities shall be offered as they become available;
8    and
9        (5) providers shall have adequate resources,
10    experience, and qualifications to serve the population
11    target by the Program, as determined by the Department;
12        (6) participating Program providers and the Department
13    shall participate in an ongoing collaborative whereby best
14    practices and treatment experiences would be shared and
15    utilized;
16        (7) home locations shall be proposed by the provider
17    in collaboration with other community stakeholders;
18        (8) The Department, in collaboration with
19    participating providers, by rule shall develop data
20    collection and reporting requirements for participating
21    community service providers. Beginning December 31, 2020
22    the Department shall submit an annual report
23    electronically to the General Assembly and Governor that
24    outlines the progress and effectiveness of the pilot
25    program. The report to the General Assembly shall be filed
26    with the Clerk of the House of Representatives and the



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1    Secretary of the Senate in electronic form only, in the
2    manner that the Clerk and the Secretary shall direct;
3        (9) the staffing model shall allow for a high level of
4    community integration and engagement and family
5    involvement; and
6        (10) appropriate day services, staff training
7    priorities, and home modifications shall be incorporated
8    into the Program model, as allowed by HCBS authorization.
9    (c) This Section is repealed on January 1, 2025 2023.
10(Source: P.A. 100-924, eff. 7-1-19.)
11    Section 40. The Transportation Network Providers Act is
12amended by changing Section 34 as follows:
13    (625 ILCS 57/34)
14    (Section scheduled to be repealed on January 1, 2023)
15    Sec. 34. Repeal. This Act is repealed on September January
161, 2023.
17(Source: P.A. 101-639, eff. 6-12-20. Reenacted by P.A.
18101-660, eff. 4-2-21. P.A. 102-7, eff. 5-28-21.)
19    Section 45. The Unified Code of Corrections is amended by
20changing Sections 5-4.5-110 and 5-6-3.6 as follows:
21    (730 ILCS 5/5-4.5-110)
22    (Section scheduled to be repealed on January 1, 2023)



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3    (a) DEFINITIONS. For the purposes of this Section:
4        "Firearm" has the meaning ascribed to it in Section
5    1.1 of the Firearm Owners Identification Card Act.
6        "Qualifying predicate offense" means the following
7    offenses under the Criminal Code of 2012:
8            (A) aggravated unlawful use of a weapon under
9        Section 24-1.6 or similar offense under the Criminal
10        Code of 1961, when the weapon is a firearm;
11            (B) unlawful use or possession of a weapon by a
12        felon under Section 24-1.1 or similar offense under
13        the Criminal Code of 1961, when the weapon is a
14        firearm;
15            (C) first degree murder under Section 9-1 or
16        similar offense under the Criminal Code of 1961;
17            (D) attempted first degree murder with a firearm
18        or similar offense under the Criminal Code of 1961;
19            (E) aggravated kidnapping with a firearm under
20        paragraph (6) or (7) of subsection (a) of Section 10-2
21        or similar offense under the Criminal Code of 1961;
22            (F) aggravated battery with a firearm under
23        subsection (e) of Section 12-3.05 or similar offense
24        under the Criminal Code of 1961;
25            (G) aggravated criminal sexual assault under
26        Section 11-1.30 or similar offense under the Criminal



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1        Code of 1961;
2            (H) predatory criminal sexual assault of a child
3        under Section 11-1.40 or similar offense under the
4        Criminal Code of 1961;
5            (I) armed robbery under Section 18-2 or similar
6        offense under the Criminal Code of 1961;
7            (J) vehicular hijacking under Section 18-3 or
8        similar offense under the Criminal Code of 1961;
9            (K) aggravated vehicular hijacking under Section
10        18-4 or similar offense under the Criminal Code of
11        1961;
12            (L) home invasion with a firearm under paragraph
13        (3), (4), or (5) of subsection (a) of Section 19-6 or
14        similar offense under the Criminal Code of 1961;
15            (M) aggravated discharge of a firearm under
16        Section 24-1.2 or similar offense under the Criminal
17        Code of 1961;
18            (N) aggravated discharge of a machine gun or a
19        firearm equipped with a device designed or used for
20        silencing the report of a firearm under Section
21        24-1.2-5 or similar offense under the Criminal Code of
22        1961;
23            (0) unlawful use of firearm projectiles under
24        Section 24-2.1 or similar offense under the Criminal
25        Code of 1961;
26            (P) manufacture, sale, or transfer of bullets or



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1        shells represented to be armor piercing bullets,
2        dragon's breath shotgun shells, bolo shells, or
3        flechette shells under Section 24-2.2 or similar
4        offense under the Criminal Code of 1961;
5            (Q) unlawful sale or delivery of firearms under
6        Section 24-3 or similar offense under the Criminal
7        Code of 1961;
8            (R) unlawful discharge of firearm projectiles
9        under Section 24-3.2 or similar offense under the
10        Criminal Code of 1961;
11            (S) unlawful sale or delivery of firearms on
12        school premises of any school under Section 24-3.3 or
13        similar offense under the Criminal Code of 1961;
14            (T) unlawful purchase of a firearm under Section
15        24-3.5 or similar offense under the Criminal Code of
16        1961;
17            (U) use of a stolen firearm in the commission of an
18        offense under Section 24-3.7 or similar offense under
19        the Criminal Code of 1961;
20            (V) possession of a stolen firearm under Section
21        24-3.8 or similar offense under the Criminal Code of
22        1961;
23            (W) aggravated possession of a stolen firearm
24        under Section 24-3.9 or similar offense under the
25        Criminal Code of 1961;
26            (X) gunrunning under Section 24-3A or similar



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1        offense under the Criminal Code of 1961;
2            (Y) defacing identification marks of firearms
3        under Section 24-5 or similar offense under the
4        Criminal Code of 1961; and
5            (Z) armed violence under Section 33A-2 or similar
6        offense under the Criminal Code of 1961.
7    (b) APPLICABILITY. For an offense committed on or after
8January 1, 2018 (the effective date of Public Act 100-3) this
9amendatory Act of the 100th General Assembly and before
10January 1, 2024 2023, when a person is convicted of unlawful
11use or possession of a weapon by a felon, when the weapon is a
12firearm, or aggravated unlawful use of a weapon, when the
13weapon is a firearm, after being previously convicted of a
14qualifying predicate offense the person shall be subject to
15the sentencing guidelines under this Section.
17        (1) When a person is convicted of unlawful use or
18    possession of a weapon by a felon, when the weapon is a
19    firearm, and that person has been previously convicted of
20    a qualifying predicate offense, the person shall be
21    sentenced to a term of imprisonment within the sentencing
22    range of not less than 7 years and not more than 14 years,
23    unless the court finds that a departure from the
24    sentencing guidelines under this paragraph is warranted
25    under subsection (d) of this Section.
26        (2) When a person is convicted of aggravated unlawful



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1    use of a weapon, when the weapon is a firearm, and that
2    person has been previously convicted of a qualifying
3    predicate offense, the person shall be sentenced to a term
4    of imprisonment within the sentencing range of not less
5    than 6 years and not more than 7 years, unless the court
6    finds that a departure from the sentencing guidelines
7    under this paragraph is warranted under subsection (d) of
8    this Section.
9        (3) The sentencing guidelines in paragraphs (1) and
10    (2) of this subsection (c) apply only to offenses
11    committed on and after January 1, 2018 (the effective date
12    of Public Act 100-3) this amendatory Act of the 100th
13    General Assembly and before January 1, 2024 2023.
15        (1) At the sentencing hearing conducted under Section
16    5-4-1 of this Code, the court may depart from the
17    sentencing guidelines provided in subsection (c) of this
18    Section and impose a sentence otherwise authorized by law
19    for the offense if the court, after considering any factor
20    under paragraph (2) of this subsection (d) relevant to the
21    nature and circumstances of the crime and to the history
22    and character of the defendant, finds on the record
23    substantial and compelling justification that the sentence
24    within the sentencing guidelines would be unduly harsh and
25    that a sentence otherwise authorized by law would be
26    consistent with public safety and does not deprecate the



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1    seriousness of the offense.
2        (2) In deciding whether to depart from the sentencing
3    guidelines under this paragraph, the court shall consider:
4            (A) the age, immaturity, or limited mental
5        capacity of the defendant at the time of commission of
6        the qualifying predicate or current offense, including
7        whether the defendant was suffering from a mental or
8        physical condition insufficient to constitute a
9        defense but significantly reduced the defendant's
10        culpability;
11            (B) the nature and circumstances of the qualifying
12        predicate offense;
13            (C) the time elapsed since the qualifying
14        predicate offense;
15            (D) the nature and circumstances of the current
16        offense;
17            (E) the defendant's prior criminal history;
18            (F) whether the defendant committed the qualifying
19        predicate or current offense under specific and
20        credible duress, coercion, threat, or compulsion;
21            (G) whether the defendant aided in the
22        apprehension of another felon or testified truthfully
23        on behalf of another prosecution of a felony; and
24            (H) whether departure is in the interest of the
25        person's rehabilitation, including employment or
26        educational or vocational training, after taking into



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1        account any past rehabilitation efforts or
2        dispositions of probation or supervision, and the
3        defendant's cooperation or response to rehabilitation.
4        (3) When departing from the sentencing guidelines
5    under this Section, the court shall specify on the record,
6    the particular evidence, information, factor or factors,
7    or other reasons which led to the departure from the
8    sentencing guidelines. When departing from the sentencing
9    range in accordance with this subsection (d), the court
10    shall indicate on the sentencing order which departure
11    factor or factors outlined in paragraph (2) of this
12    subsection (d) led to the sentence imposed. The sentencing
13    order shall be filed with the clerk of the court and shall
14    be a public record.
15    (e) This Section is repealed on January 1, 2024 2023.
16(Source: P.A. 100-3, eff. 1-1-18.)
17    (730 ILCS 5/5-6-3.6)
18    (Section scheduled to be repealed on January 1, 2023)
19    Sec. 5-6-3.6. First Time Weapon Offender Program.
20    (a) The General Assembly has sought to promote public
21safety, reduce recidivism, and conserve valuable resources of
22the criminal justice system through the creation of diversion
23programs for non-violent offenders. This amendatory Act of the
24100th General Assembly establishes a pilot program for
25first-time, non-violent offenders charged with certain weapons



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1offenses. The General Assembly recognizes some persons,
2particularly young adults in areas of high crime or poverty,
3may have experienced trauma that contributes to poor decision
4making skills, and the creation of a diversionary program
5poses a greater benefit to the community and the person than
6incarceration. Under this program, a court, with the consent
7of the defendant and the State's Attorney, may sentence a
8defendant charged with an unlawful use of weapons offense
9under Section 24-1 of the Criminal Code of 2012 or aggravated
10unlawful use of a weapon offense under Section 24-1.6 of the
11Criminal Code of 2012, if punishable as a Class 4 felony or
12lower, to a First Time Weapon Offender Program.
13    (b) A defendant is not eligible for this Program if:
14        (1) the offense was committed during the commission of
15    a violent offense as defined in subsection (h) of this
16    Section;
17        (2) he or she has previously been convicted or placed
18    on probation or conditional discharge for any violent
19    offense under the laws of this State, the laws of any other
20    state, or the laws of the United States;
21        (3) he or she had a prior successful completion of the
22    First Time Weapon Offender Program under this Section;
23        (4) he or she has previously been adjudicated a
24    delinquent minor for the commission of a violent offense;
25        (5) he or she is 21 years of age or older; or
26        (6) he or she has an existing order of protection



HB2406 Enrolled- 36 -LRB102 13035 BMS 18378 b

1    issued against him or her.
2    (b-5) In considering whether a defendant shall be
3sentenced to the First Time Weapon Offender Program, the court
4shall consider the following:
5        (1) the age, immaturity, or limited mental capacity of
6    the defendant;
7        (2) the nature and circumstances of the offense;
8        (3) whether participation in the Program is in the
9    interest of the defendant's rehabilitation, including any
10    employment or involvement in community, educational,
11    training, or vocational programs;
12        (4) whether the defendant suffers from trauma, as
13    supported by documentation or evaluation by a licensed
14    professional; and
15        (5) the potential risk to public safety.
16    (c) For an offense committed on or after January 1, 2018
17(the effective date of Public Act 100-3) this amendatory Act
18of the 100th General Assembly and before January 1, 2024 2023,
19whenever an eligible person pleads guilty to an unlawful use
20of weapons offense under Section 24-1 of the Criminal Code of
212012 or aggravated unlawful use of a weapon offense under
22Section 24-1.6 of the Criminal Code of 2012, which is
23punishable as a Class 4 felony or lower, the court, with the
24consent of the defendant and the State's Attorney, may,
25without entering a judgment, sentence the defendant to
26complete the First Time Weapon Offender Program. When a



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1defendant is placed in the Program, the court shall defer
2further proceedings in the case until the conclusion of the
3period or until the filing of a petition alleging violation of
4a term or condition of the Program. Upon violation of a term or
5condition of the Program, the court may enter a judgment on its
6original finding of guilt and proceed as otherwise provided by
7law. Upon fulfillment of the terms and conditions of the
8Program, the court shall discharge the person and dismiss the
9proceedings against the person.
10    (d) The Program shall be at least 18 months and not to
11exceed 24 months, as determined by the court at the
12recommendation of the Program administrator and the State's
13Attorney. The Program administrator may be appointed by the
14Chief Judge of each Judicial Circuit.
15    (e) The conditions of the Program shall be that the
17        (1) not violate any criminal statute of this State or
18    any other jurisdiction;
19        (2) refrain from possessing a firearm or other
20    dangerous weapon;
21        (3) obtain or attempt to obtain employment;
22        (4) attend educational courses designed to prepare the
23    defendant for obtaining a high school diploma or to work
24    toward passing high school equivalency testing or to work
25    toward completing a vocational training program;
26        (5) refrain from having in his or her body the



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1    presence of any illicit drug prohibited by the
2    Methamphetamine Control and Community Protection Act, the
3    Cannabis Control Act, or the Illinois Controlled
4    Substances Act, unless prescribed by a physician, and
5    submit samples of his or her blood or urine or both for
6    tests to determine the presence of any illicit drug;
7        (6) perform a minimum of 50 hours of community
8    service;
9        (7) attend and participate in any Program activities
10    deemed required by the Program administrator, including
11    but not limited to: counseling sessions, in-person and
12    over the phone check-ins, and educational classes; and
13        (8) pay all fines, assessments, fees, and costs.
14    (f) The Program may, in addition to other conditions,
15require that the defendant:
16        (1) wear an ankle bracelet with GPS tracking;
17        (2) undergo medical or psychiatric treatment, or
18    treatment or rehabilitation approved by the Department of
19    Human Services; and
20        (3) attend or reside in a facility established for the
21    instruction or residence of defendants on probation.
22    (g) There may be only one discharge and dismissal under
23this Section. If a person is convicted of any offense which
24occurred within 5 years subsequent to a discharge and
25dismissal under this Section, the discharge and dismissal
26under this Section shall be admissible in the sentencing



HB2406 Enrolled- 39 -LRB102 13035 BMS 18378 b

1proceeding for that conviction as evidence in aggravation.
2    (h) For purposes of this Section, "violent offense" means
3any offense in which bodily harm was inflicted or force was
4used against any person or threatened against any person; any
5offense involving the possession of a firearm or dangerous
6weapon; any offense involving sexual conduct, sexual
7penetration, or sexual exploitation; violation of an order of
8protection, stalking, hate crime, domestic battery, or any
9offense of domestic violence.
10    (i) This Section is repealed on January 1, 2024 2023.
11(Source: P.A. 102-245, eff. 8-3-21.)
12    Section 50. The Disposition of Remains of the Indigent Act
13is amended by changing Section 35 as follows:
14    (755 ILCS 66/35)
15    (Section scheduled to be repealed on December 31, 2022)
16    Sec. 35. Repealer. This Act is repealed on December 31,
172027 2022.
18(Source: P.A. 100-526, eff. 6-1-18.)
19    Section 55. "An Act concerning criminal law", approved
20August 20, 2021, Public Act 102-490, is amended by changing
21Section 99 as follows:
22    (P.A. 102-490, Sec. 99)



HB2406 Enrolled- 40 -LRB102 13035 BMS 18378 b

1    Sec. 99. Effective date. This Act takes effect on January
21, 2024 2023.
3(Source: P.A. 102-490.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.