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


Sen. Don Harmon

Filed: 11/15/2022





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2    AMENDMENT NO. ______. Amend House Bill 2406 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Department of Commerce and Economic
5Opportunity Law of the Civil Administrative Code of Illinois
6is amended by changing Section 605-1045.1 as follows:
7    (20 ILCS 605/605-1045.1)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 605-1045.1. Restore Illinois Collaborative
10Commission. The General Assembly finds and declares that this
11amendatory Act of the 102nd General Assembly manifests the
12intention of the General Assembly to extend the repeal of
13Section 605-1045. Section 605-1045 as enacted and reenacted in
14this Section shall be deemed to have been in continuous effect
15since June 12, 2020 and it shall continue to be in effect
16henceforward until it is otherwise lawfully repealed. All



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1previously enacted amendments to this Section taking effect on
2or after June 12, 2020, are hereby validated. All actions
3taken in reliance on the continuing effect of Section 605-1045
4by any person or entity are hereby validated. In order to
5ensure the continuing effectiveness of this Section, it is set
6forth in full and reenacted by this amendatory Act of the 102nd
7General Assembly. This reenactment is intended as a
8continuation of this Section. It is not intended to supersede
9any amendment to this Section that is enacted by the 102nd
10General Assembly.
11    (a) The General Assembly hereby finds and declares that
12the State is confronted with a public health crisis that has
13created unprecedented challenges for the State's diverse
14economic base. In light of this crisis, and the heightened
15need for collaboration between the legislative and executive
16branches, the General Assembly hereby establishes the Restore
17Illinois Collaborative Commission. The members of the
18Commission will participate in and provide input on plans to
19revive the various sectors of the State's economy in the wake
20of the COVID-19 pandemic.
21    (b) The Department may request meetings be convened to
22address revitalization efforts for the various sectors of the
23State's economy. Such meetings may include public
24participation as determined by the Commission.
25    (c) The Department shall provide a written report to the
26Commission and the General Assembly not less than every 30



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1days regarding the status of current and proposed
2revitalization efforts. The written report shall include
3applicable metrics that demonstrate progress on recovery
4efforts, as well as any additional information as requested by
5the Commission. The first report shall be delivered by July 1,
62020. The reports to the General Assembly shall be delivered
7to all members, in addition to complying with the requirements
8of Section 3.1 of the General Assembly Organization Act.
9    (d) The Restore Illinois Collaborative Commission shall
10consist of 14 members, appointed as follows:
11        (1) four members of the House of Representatives
12    appointed by the Speaker of the House of Representatives;
13        (2) four members of the Senate appointed by the Senate
14    President;
15        (3) three members of the House of Representatives
16    appointed by the Minority Leader of the House of
17    Representatives; and
18        (4) three members of the Senate appointed by the
19    Senate Minority Leader.
20    (e) The Speaker of the House of Representatives and the
21Senate President shall each appoint one member of the
22Commission to serve as a Co-Chair. The Co-Chairs may convene
23meetings of the Commission. The members of the Commission
24shall serve without compensation.
25    (f) This Section is repealed January 1, 2024 2023.
26(Source: P.A. 102-577, eff. 8-24-21.)



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1    Section 10. The Illinois Power Agency Act is amended by
2changing Section 1-130 as follows:
3    (20 ILCS 3855/1-130)
4    (Section scheduled to be repealed on January 1, 2023)
5    Sec. 1-130. Home rule preemption.
6    (a) The authorization to impose any new taxes or fees
7specifically related to the generation of electricity by, the
8capacity to generate electricity by, or the emissions into the
9atmosphere by electric generating facilities after the
10effective date of this Act is an exclusive power and function
11of the State. A home rule unit may not levy any new taxes or
12fees specifically related to the generation of electricity by,
13the capacity to generate electricity by, or the emissions into
14the atmosphere by electric generating facilities after the
15effective date of this Act. This Section is a denial and
16limitation on home rule powers and functions under subsection
17(g) of Section 6 of Article VII of the Illinois Constitution.
18    (b) This Section is repealed on January 1, 2024 2023.
19(Source: P.A. 101-639, eff. 6-12-20; 102-671, eff. 11-30-21.)
20    Section 15. The Illinois Immigrant Impact Task Force Act
21is amended by changing Sections 5 and 10 as follows:
22    (20 ILCS 5156/5)



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1    (Section scheduled to be repealed on January 1, 2023)
2    Sec. 5. Illinois Immigrant Impact Task Force.
3    (a) There is hereby established the Illinois Immigrant
4Impact Task Force.
5    (b) The Task Force shall consist of 27 members appointed
6as follows:
7        (1) one member appointed by the President of the
8    Senate;
9        (2) one member appointed by the Speaker of the House
10    of Representatives;
11        (3) one member appointed by the Minority Leader of the
12    Senate;
13        (4) one member appointed by the Minority Leader of the
14    House of Representatives;
15        (5) one representative of the Governor's Office;
16        (6) one representative of the Governor's Office of
17    Management and Budget;
18        (7) one representative of the Lieutenant Governor's
19    Office;
20        (8) the Executive Director of the Illinois Housing
21    Development Authority or his or her designee;
22        (9) the Secretary of Human Services or his or her
23    designee;
24        (10) the Director on Aging or his or her designee;
25        (11) the Director of Commerce and Economic Opportunity
26    or his or her designee;



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1        (12) the Director of Children and Family Services or
2    his or her designee;
3        (13) the Director of Public Health or his or her
4    designee;
5        (14) the Director of Healthcare and Family Services or
6    his or her designee;
7        (15) the Director of Human Rights or his or her
8    designee;
9        (16) the Director of Employment Security or his or her
10    designee;
11        (17) the Director of Juvenile Justice or his or her
12    designee;
13        (18) the Director of Corrections or his or her
14    designee;
15        (19) the Executive Director of the Illinois Criminal
16    Justice Information Authority or his or her designee;
17        (20) the Chairman of the State Board of Education or
18    his or her designee;
19        (21) the Chairman of the Board of Higher Education or
20    his or her designee;
21        (22) the Chairman of the Illinois Community College
22    Board or his or her designee; and
23        (23) five representatives from organizations offering
24    aid or services to immigrants, appointed by the Governor.
25    (c) The Task Force shall convene as soon as practicable
26after the effective date of this Act, and shall hold at least 6



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1meetings. Members of the Task Force shall serve without
2compensation. The Department of Human Services, in
3consultation with any other State agency relevant to the issue
4of immigration in this State, shall provide administrative and
5other support to the Task Force.
6    (d) The Task Force shall examine the following issues:
7        (1) what the State of Illinois is currently doing to
8    proactively help immigrant communities in this State,
9    including whether such persons are receiving help to
10    become citizens, receiving help to become business owners,
11    and receiving aid for educational purposes;
12        (2) what can the State do going forward to improve
13    relations between the State and immigrant communities in
14    this State;
15        (3) what is the status of immigrant communities from
16    urban, suburban, and rural areas of this State, and
17    whether adequate support and resources have been provided
18    to these communities;
19        (4) the extent to which immigrants in this State are
20    being discriminated against;
21        (5) whether the laws specifically intended to benefit
22    immigrant populations in this State are actually having a
23    beneficial effect;
24        (6) the practices and procedures of the federal
25    Immigration and Customs Enforcement agency within this
26    State;



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1        (7) the use and condition of detention centers in this
2    State;
3        (8) all contracts in Illinois entered into with United
4    States Immigration and Customs Enforcement, including
5    contracts with private detention centers, the Illinois
6    State Police, and the Secretary of State's Office,
7    Division of Motor Vehicles;
8        (9) the impact of the COVID-19 pandemic on immigrant
9    communities, including health impact rates, employment
10    rates, housing, small businesses, and community
11    development;
12        (10) the disbursement of funds received by different
13    agencies that went to immigrant communities;
14        (11) language access programs and their impact on
15    helping immigrant communities better interact with State
16    agencies, and whether existing language access programs
17    are effective in helping immigrant communities interact
18    with the State. The Task Force shall also examine whether
19    all State agencies provide language access for non-English
20    speakers, and which agencies and in what regions of the
21    State is there a lack of language access that creates
22    barriers for non-English dominant speakers from accessing
23    support from the State;
24        (12) the extent to which disparities in access to
25    technology exist in immigrant communities and whether they
26    lead to educational, financial, and other disadvantages;



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1    and
2        (13) the extent to which State programs intended for
3    vulnerable populations such as victims of trafficking,
4    crime, and abuse are being implemented or need to be
5    implemented.
6    (e) The Task Force shall report its findings and
7recommendations based upon its examination of issues under
8subsection (d) to the Governor and the General Assembly on or
9before April 30, 2023 December 31, 2022.
10(Source: P.A. 102-236, eff. 8-2-21; 102-1071, eff. 6-10-22.)
11    (20 ILCS 5156/10)
12    (Section scheduled to be repealed on January 1, 2023)
13    Sec. 10. Repeal. This Act is repealed on May 1 January 1,
15(Source: P.A. 102-236, eff. 8-2-21.)
16    Section 20. The Special Commission on Gynecologic Cancers
17Act is amended by changing Section 100-90 as follows:
18    (20 ILCS 5170/100-90)
19    (Section scheduled to be repealed on January 1, 2023)
20    Sec. 100-90. Repeal. This Article is repealed on January
211, 2028 2023.
22(Source: P.A. 102-4, eff. 4-27-21.)



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1    Section 25. The Developmental Disability and Mental
2Disability Services Act is amended by changing Section 7A-1 as
4    (405 ILCS 80/7A-1)
5    (Section scheduled to be repealed on January 1, 2023)
6    Sec. 7A-1. Diversion from Facility-based Care Pilot
8    (a) The purposes of this Article are to:
9        (1) decrease the number of admissions to
10    State-operated facilities;
11        (2) address the needs of individuals receiving Home
12    and Community Based Services (HCBS) with intellectual
13    disabilities or developmental disabilities who are at risk
14    of facility-based care due to significant behavioral
15    challenges, some with a dual diagnosis of mental illness,
16    by providing a community-based residential alternative to
17    facility-based care consistent with their individual
18    plans, and to transition these individuals back to a
19    traditional community-integrated living arrangement or
20    other HCBS community setting program;
21        (3) create greater capacity within the short-term
22    stabilization homes by allowing individuals who need an
23    extended period of treatment to transfer to a long-term
24    stabilization home;
25        (4) stabilize the existing community-integrated living



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1    arrangement homes where the presence of individuals with
2    complex behavioral challenges is disruptive to their
3    housemates; and
4        (5) add support services to enhance community service
5    providers who serve individuals with significant
6    behavioral challenges.
7    (b) Subject to appropriation or the availability of other
8funds for these purposes at the discretion of the Department,
9the Department shall establish the Diversion from
10Facility-based Care Pilot Program consisting of at least 6
11homes in various locations in this State in accordance with
12this Article and the following model:
13        (1) the Diversion from Facility-based Care Model shall
14    serve individuals with intellectual disabilities or
15    developmental disabilities who are currently receiving
16    HCBS services and are at risk of facility-based care due
17    to significant behavioral challenges, some with a dual
18    diagnosis of mental illness, for a period ranging from one
19    to 2 years, or longer if appropriate for the individual;
20        (2) the Program shall be regulated in accordance with
21    the community-integrated living arrangement guidelines;
22        (3) each home shall support no more than 4 residents,
23    each having his or her own bedroom;
24        (4) if, at any point, an individual, his or her
25    guardian, or family caregivers, in conjunction with the
26    provider and clinical staff, believe the individual is



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1    capable of participating in a HCBS service, those
2    opportunities shall be offered as they become available;
3    and
4        (5) providers shall have adequate resources,
5    experience, and qualifications to serve the population
6    target by the Program, as determined by the Department;
7        (6) participating Program providers and the Department
8    shall participate in an ongoing collaborative whereby best
9    practices and treatment experiences would be shared and
10    utilized;
11        (7) home locations shall be proposed by the provider
12    in collaboration with other community stakeholders;
13        (8) The Department, in collaboration with
14    participating providers, by rule shall develop data
15    collection and reporting requirements for participating
16    community service providers. Beginning December 31, 2020
17    the Department shall submit an annual report
18    electronically to the General Assembly and Governor that
19    outlines the progress and effectiveness of the pilot
20    program. The report to the General Assembly shall be filed
21    with the Clerk of the House of Representatives and the
22    Secretary of the Senate in electronic form only, in the
23    manner that the Clerk and the Secretary shall direct;
24        (9) the staffing model shall allow for a high level of
25    community integration and engagement and family
26    involvement; and



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1        (10) appropriate day services, staff training
2    priorities, and home modifications shall be incorporated
3    into the Program model, as allowed by HCBS authorization.
4    (c) This Section is repealed on January 1, 2025 2023.
5(Source: P.A. 100-924, eff. 7-1-19.)
6    Section 30. The Disposition of Remains of the Indigent Act
7is amended by changing Section 35 as follows:
8    (755 ILCS 66/35)
9    (Section scheduled to be repealed on December 31, 2022)
10    Sec. 35. Repealer. This Act is repealed on December 31,
112027 2022.
12(Source: P.A. 100-526, eff. 6-1-18.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".