Full Text of SB1720 102nd General Assembly
SB1720ham002 102ND GENERAL ASSEMBLY | Rep. Greg Harris Filed: 1/5/2023
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| 1 | | AMENDMENT TO SENATE BILL 1720
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1720 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Administrative Procedure Act is | 5 | | amended by adding Section 5-45.35 as follows: | 6 | | (5 ILCS 100/5-45.35 new) | 7 | | Sec. 5-45.35. Emergency rulemaking; Hate Crimes and Bias | 8 | | Incident Prevention and Response Fund. To provide for the | 9 | | expeditious and timely implementation of this amendatory Act | 10 | | of the 102nd General Assembly, emergency rules implementing | 11 | | Section 6z-138 of the State Finance Act may be adopted in | 12 | | accordance with Section 5-45 by the Department of Human | 13 | | Rights. The adoption of emergency rules authorized by Section | 14 | | 5-45 and this Section is deemed to be necessary for the public | 15 | | interest, safety, and welfare. | 16 | | This Section is repealed one year after the effective date |
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| 1 | | of this amendatory Act of the 102nd General Assembly. | 2 | | Section 10. The State Employees Group Insurance Act of | 3 | | 1971 is amended by changing Section 11 as follows:
| 4 | | (5 ILCS 375/11) (from Ch. 127, par. 531)
| 5 | | Sec. 11. The amount of contribution in any fiscal year | 6 | | from funds other than
the General Revenue Fund or the Road Fund | 7 | | shall be at the same contribution
rate as the General Revenue | 8 | | Fund or the Road Fund except that, in State Fiscal Year 2009, | 9 | | no contributions shall be required from the FY09 Budget Relief | 10 | | Fund . Contributions and payments
for life insurance shall be | 11 | | deposited in the Group Insurance Premium Fund.
Contributions | 12 | | and payments for health coverages and other benefits shall be
| 13 | | deposited in the Health Insurance Reserve Fund. Federal funds | 14 | | which are
available for cooperative extension purposes shall | 15 | | also be charged for the
contributions which are made for | 16 | | retired employees formerly employed in the
Cooperative | 17 | | Extension Service. In the case of departments or any division
| 18 | | thereof receiving a fraction of its requirements for | 19 | | administration from the
Federal Government, the contributions | 20 | | hereunder shall be such fraction of the
amount determined | 21 | | under the provisions hereof and the
remainder shall be | 22 | | contributed by the State.
| 23 | | Every department which has members paid from funds other | 24 | | than the General
Revenue Fund shall cooperate with the |
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| 1 | | Department of Central Management Services
and the
Governor's | 2 | | Office of Management and Budget in order to assure that the | 3 | | specified
proportion of the State's cost for group life | 4 | | insurance, the program of health
benefits and other employee | 5 | | benefits is paid by such funds; except that
contributions | 6 | | under this Act need not be paid from any other
fund where both | 7 | | the Director of Central Management Services and the Director | 8 | | of
the
Governor's Office of Management and Budget have | 9 | | designated in writing that the necessary
contributions are | 10 | | included in the General Revenue Fund contribution amount.
| 11 | | Universities having employees who are totally
compensated | 12 | | out of the following funds or sources are not required to | 13 | | submit the contribution described in this Section for such | 14 | | employees :
| 15 | | (1) income funds, as described in Section 6a of the | 16 | | State Finance Act, including tuition, laboratory, and | 17 | | library fees and any interest earned on those fees Income | 18 | | Funds ;
| 19 | | (2) local auxiliary funds, as described in the | 20 | | Legislative Audit Commission's University Guidelines, as | 21 | | published on November 17, 2020, including the following: | 22 | | (i) funds from auxiliary enterprises, which are | 23 | | operations that support the overall objectives of the | 24 | | university but are not directly related to | 25 | | instruction, research, or service organizational | 26 | | units; |
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| 1 | | (ii) funds from auxiliary activities, which are | 2 | | functions that are self-supporting, in whole or in | 3 | | part, and are directly related to instruction, | 4 | | research, or service units; Local auxiliary funds; and
| 5 | | (3) the Agricultural Premium Fund as established by | 6 | | Section 5.01 of the State Finance Act;
| 7 | | (4) appropriations from the General Revenue Fund, | 8 | | Education Assistance Fund, or other State appropriations | 9 | | that are made for the purposes of instruction, research, | 10 | | public service, or economic development; | 11 | | (5) funds to the University of Illinois Hospital for | 12 | | health care professional services that are performed by | 13 | | University of Illinois faculty or University of Illinois | 14 | | health care programs established under the University of | 15 | | Illinois Hospital Act; or | 16 | | (6) funds designated for the Cooperative Extension | 17 | | Service, as defined in Section 3 of the County Cooperative | 18 | | Extension Law. | 19 | | shall not be required to submit such contribution for such | 20 | | employees.
| 21 | | If an employee of a university is partially compensated | 22 | | from the funds or sources of funds identified in paragraphs | 23 | | (1) through (6) above, universities shall be required to | 24 | | submit a pro rata contribution for the portion of the | 25 | | employee's compensation that is derived out of funds or | 26 | | sources other than those identified in paragraphs (1) through |
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| 1 | | (6) above. | 2 | | The Department of Central Management Services may conduct | 3 | | a post-payment review of university reimbursements to assess | 4 | | or address any discrepancies. Universities shall cooperate | 5 | | with the Department of Central Management Services during any | 6 | | post-payment review, that may require universities to provide | 7 | | documentation to support payment calculations or funding | 8 | | sources used for calculating reimbursements. The Department of | 9 | | Central Management Services reserves the right to reconcile | 10 | | any discrepancies in reimbursement subtotals or total | 11 | | obligations and to notify universities of all final | 12 | | reconciliations, which shall include the Department of Central | 13 | | Management Services calculations and the amount of any credits | 14 | | or obligations that may be due. | 15 | | For each employee of the Illinois Toll Highway Authority | 16 | | person covered under this Act whose eligibility for such
| 17 | | coverage is as an annuitant based upon the person's status as | 18 | | the recipient of a benefit
under the Illinois Pension Code, | 19 | | which benefit is based in whole or in part
upon service with | 20 | | the Toll Highway Authority , the Authority shall annually
| 21 | | contribute an amount, as determined by the Director of the
| 22 | | Department of Central Management Services, that represents the
| 23 | | average employer's share of the cost of retiree coverage per
| 24 | | participating employee in the State Employees Group Insurance
| 25 | | Program a pro rata share of the State's cost for the benefits | 26 | | of that
person .
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| 1 | | (Source: P.A. 102-1071, eff. 6-10-22.)
| 2 | | Section 15. The Illinois Lottery Law is amended by | 3 | | changing Section 9.1 as follows: | 4 | | (20 ILCS 1605/9.1) | 5 | | Sec. 9.1. Private manager and management agreement. | 6 | | (a) As used in this Section: | 7 | | "Offeror" means a person or group of persons that responds | 8 | | to a request for qualifications under this Section. | 9 | | "Request for qualifications" means all materials and | 10 | | documents prepared by the Department to solicit the following | 11 | | from offerors: | 12 | | (1) Statements of qualifications. | 13 | | (2) Proposals to enter into a management agreement, | 14 | | including the identity of any prospective vendor or | 15 | | vendors that the offeror intends to initially engage to | 16 | | assist the offeror in performing its obligations under the | 17 | | management agreement. | 18 | | "Final offer" means the last proposal submitted by an | 19 | | offeror in response to the request for qualifications, | 20 | | including the identity of any prospective vendor or vendors | 21 | | that the offeror intends to initially engage to assist the | 22 | | offeror in performing its obligations under the management | 23 | | agreement. | 24 | | "Final offeror" means the offeror ultimately selected by |
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| 1 | | the Governor to be the private manager for the Lottery under | 2 | | subsection (h) of this Section. | 3 | | (b) By September 15, 2010, the Governor shall select a | 4 | | private manager for the total management of the Lottery with | 5 | | integrated functions, such as lottery game design, supply of | 6 | | goods and services, and advertising and as specified in this | 7 | | Section. | 8 | | (c) Pursuant to the terms of this subsection, the | 9 | | Department shall endeavor to expeditiously terminate the | 10 | | existing contracts in support of the Lottery in effect on July | 11 | | 13, 2009 (the effective date of Public Act 96-37) in | 12 | | connection with the selection of the private manager. As part | 13 | | of its obligation to terminate these contracts and select the | 14 | | private manager, the Department shall establish a mutually | 15 | | agreeable timetable to transfer the functions of existing | 16 | | contractors to the private manager so that existing Lottery | 17 | | operations are not materially diminished or impaired during | 18 | | the transition. To that end, the Department shall do the | 19 | | following: | 20 | | (1) where such contracts contain a provision | 21 | | authorizing termination upon notice, the Department shall | 22 | | provide notice of termination to occur upon the mutually | 23 | | agreed timetable for transfer of functions; | 24 | | (2) upon the expiration of any initial term or renewal | 25 | | term of the current Lottery contracts, the Department | 26 | | shall not renew such contract for a term extending beyond |
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| 1 | | the mutually agreed timetable for transfer of functions; | 2 | | or | 3 | | (3) in the event any current contract provides for | 4 | | termination of that contract upon the implementation of a | 5 | | contract with the private manager, the Department shall | 6 | | perform all necessary actions to terminate the contract on | 7 | | the date that coincides with the mutually agreed timetable | 8 | | for transfer of functions. | 9 | | If the contracts to support the current operation of the | 10 | | Lottery in effect on July 13, 2009 (the effective date of | 11 | | Public Act 96-34) are not subject to termination as provided | 12 | | for in this subsection (c), then the Department may include a | 13 | | provision in the contract with the private manager specifying | 14 | | a mutually agreeable methodology for incorporation. | 15 | | (c-5) The Department shall include provisions in the | 16 | | management agreement whereby the private manager shall, for a | 17 | | fee, and pursuant to a contract negotiated with the Department | 18 | | (the "Employee Use Contract"), utilize the services of current | 19 | | Department employees to assist in the administration and | 20 | | operation of the Lottery. The Department shall be the employer | 21 | | of all such bargaining unit employees assigned to perform such | 22 | | work for the private manager, and such employees shall be | 23 | | State employees, as defined by the Personnel Code. Department | 24 | | employees shall operate under the same employment policies, | 25 | | rules, regulations, and procedures, as other employees of the | 26 | | Department. In addition, neither historical representation |
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| 1 | | rights under the Illinois Public Labor Relations Act, nor | 2 | | existing collective bargaining agreements, shall be disturbed | 3 | | by the management agreement with the private manager for the | 4 | | management of the Lottery. | 5 | | (d) The management agreement with the private manager | 6 | | shall include all of the following: | 7 | | (1) A term not to exceed 10 years, including any | 8 | | renewals. | 9 | | (2) A provision specifying that the Department: | 10 | | (A) shall exercise actual control over all | 11 | | significant business decisions; | 12 | | (A-5) has the authority to direct or countermand | 13 | | operating decisions by the private manager at any | 14 | | time; | 15 | | (B) has ready access at any time to information | 16 | | regarding Lottery operations; | 17 | | (C) has the right to demand and receive | 18 | | information from the private manager concerning any | 19 | | aspect of the Lottery operations at any time; and | 20 | | (D) retains ownership of all trade names, | 21 | | trademarks, and intellectual property associated with | 22 | | the Lottery. | 23 | | (3) A provision imposing an affirmative duty on the | 24 | | private manager to provide the Department with material | 25 | | information and with any information the private manager | 26 | | reasonably believes the Department would want to know to |
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| 1 | | enable the Department to conduct the Lottery. | 2 | | (4) A provision requiring the private manager to | 3 | | provide the Department with advance notice of any | 4 | | operating decision that bears significantly on the public | 5 | | interest, including, but not limited to, decisions on the | 6 | | kinds of games to be offered to the public and decisions | 7 | | affecting the relative risk and reward of the games being | 8 | | offered, so the Department has a reasonable opportunity to | 9 | | evaluate and countermand that decision. | 10 | | (5) A provision providing for compensation of the | 11 | | private manager that may consist of, among other things, a | 12 | | fee for services and a performance based bonus as | 13 | | consideration for managing the Lottery, including terms | 14 | | that may provide the private manager with an increase in | 15 | | compensation if Lottery revenues grow by a specified | 16 | | percentage in a given year. | 17 | | (6) (Blank). | 18 | | (7) A provision requiring the deposit of all Lottery | 19 | | proceeds to be deposited into the State Lottery Fund | 20 | | except as otherwise provided in Section 20 of this Act. | 21 | | (8) A provision requiring the private manager to | 22 | | locate its principal office within the State. | 23 | | (8-5) A provision encouraging that at least 20% of the | 24 | | cost of contracts entered into for goods and services by | 25 | | the private manager in connection with its management of | 26 | | the Lottery, other than contracts with sales agents or |
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| 1 | | technical advisors, be awarded to businesses that are a | 2 | | minority-owned business, a women-owned business, or a | 3 | | business owned by a person with disability, as those terms | 4 | | are defined in the Business Enterprise for Minorities, | 5 | | Women, and Persons with Disabilities Act. | 6 | | (9) A requirement that so long as the private manager | 7 | | complies with all the conditions of the agreement under | 8 | | the oversight of the Department, the private manager shall | 9 | | have the following duties and obligations with respect to | 10 | | the management of the Lottery: | 11 | | (A) The right to use equipment and other assets | 12 | | used in the operation of the Lottery. | 13 | | (B) The rights and obligations under contracts | 14 | | with retailers and vendors. | 15 | | (C) The implementation of a comprehensive security | 16 | | program by the private manager. | 17 | | (D) The implementation of a comprehensive system | 18 | | of internal audits. | 19 | | (E) The implementation of a program by the private | 20 | | manager to curb compulsive gambling by persons playing | 21 | | the Lottery. | 22 | | (F) A system for determining (i) the type of | 23 | | Lottery games, (ii) the method of selecting winning | 24 | | tickets, (iii) the manner of payment of prizes to | 25 | | holders of winning tickets, (iv) the frequency of | 26 | | drawings of winning tickets, (v) the method to be used |
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| 1 | | in selling tickets, (vi) a system for verifying the | 2 | | validity of tickets claimed to be winning tickets, | 3 | | (vii) the basis upon which retailer commissions are | 4 | | established by the manager, and (viii) minimum | 5 | | payouts. | 6 | | (10) A requirement that advertising and promotion must | 7 | | be consistent with Section 7.8a of this Act. | 8 | | (11) A requirement that the private manager market the | 9 | | Lottery to those residents who are new, infrequent, or | 10 | | lapsed players of the Lottery, especially those who are | 11 | | most likely to make regular purchases on the Internet as | 12 | | permitted by law. | 13 | | (12) A code of ethics for the private manager's | 14 | | officers and employees. | 15 | | (13) A requirement that the Department monitor and | 16 | | oversee the private manager's practices and take action | 17 | | that the Department considers appropriate to ensure that | 18 | | the private manager is in compliance with the terms of the | 19 | | management agreement, while allowing the manager, unless | 20 | | specifically prohibited by law or the management | 21 | | agreement, to negotiate and sign its own contracts with | 22 | | vendors. | 23 | | (14) A provision requiring the private manager to | 24 | | periodically file, at least on an annual basis, | 25 | | appropriate financial statements in a form and manner | 26 | | acceptable to the Department. |
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| 1 | | (15) Cash reserves requirements. | 2 | | (16) Procedural requirements for obtaining the prior | 3 | | approval of the Department when a management agreement or | 4 | | an interest in a management agreement is sold, assigned, | 5 | | transferred, or pledged as collateral to secure financing. | 6 | | (17) Grounds for the termination of the management | 7 | | agreement by the Department or the private manager. | 8 | | (18) Procedures for amendment of the agreement. | 9 | | (19) A provision requiring the private manager to | 10 | | engage in an open and competitive bidding process for any | 11 | | procurement having a cost in excess of $50,000 that is not | 12 | | a part of the private manager's final offer. The process | 13 | | shall favor the selection of a vendor deemed to have | 14 | | submitted a proposal that provides the Lottery with the | 15 | | best overall value. The process shall not be subject to | 16 | | the provisions of the Illinois Procurement Code, unless | 17 | | specifically required by the management agreement. | 18 | | (20) The transition of rights and obligations, | 19 | | including any associated equipment or other assets used in | 20 | | the operation of the Lottery, from the manager to any | 21 | | successor manager of the lottery, including the | 22 | | Department, following the termination of or foreclosure | 23 | | upon the management agreement. | 24 | | (21) Right of use of copyrights, trademarks, and | 25 | | service marks held by the Department in the name of the | 26 | | State. The agreement must provide that any use of them by |
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| 1 | | the manager shall only be for the purpose of fulfilling | 2 | | its obligations under the management agreement during the | 3 | | term of the agreement. | 4 | | (22) The disclosure of any information requested by | 5 | | the Department to enable it to comply with the reporting | 6 | | requirements and information requests provided for under | 7 | | subsection (p) of this Section. | 8 | | (e) Notwithstanding any other law to the contrary, the | 9 | | Department shall select a private manager through a | 10 | | competitive request for qualifications process consistent with | 11 | | Section 20-35 of the Illinois Procurement Code, which shall | 12 | | take into account: | 13 | | (1) the offeror's ability to market the Lottery to | 14 | | those residents who are new, infrequent, or lapsed players | 15 | | of the Lottery, especially those who are most likely to | 16 | | make regular purchases on the Internet; | 17 | | (2) the offeror's ability to address the State's | 18 | | concern with the social effects of gambling on those who | 19 | | can least afford to do so; | 20 | | (3) the offeror's ability to provide the most | 21 | | successful management of the Lottery for the benefit of | 22 | | the people of the State based on current and past business | 23 | | practices or plans of the offeror; and | 24 | | (4) the offeror's poor or inadequate past performance | 25 | | in servicing, equipping, operating or managing a lottery | 26 | | on behalf of Illinois, another State or foreign government |
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| 1 | | and attracting persons who are not currently regular | 2 | | players of a lottery. | 3 | | (f) The Department may retain the services of an advisor | 4 | | or advisors with significant experience in financial services | 5 | | or the management, operation, and procurement of goods, | 6 | | services, and equipment for a government-run lottery to assist | 7 | | in the preparation of the terms of the request for | 8 | | qualifications and selection of the private manager. Any | 9 | | prospective advisor seeking to provide services under this | 10 | | subsection (f) shall disclose any material business or | 11 | | financial relationship during the past 3 years with any | 12 | | potential offeror, or with a contractor or subcontractor | 13 | | presently providing goods, services, or equipment to the | 14 | | Department to support the Lottery. The Department shall | 15 | | evaluate the material business or financial relationship of | 16 | | each prospective advisor. The Department shall not select any | 17 | | prospective advisor with a substantial business or financial | 18 | | relationship that the Department deems to impair the | 19 | | objectivity of the services to be provided by the prospective | 20 | | advisor. During the course of the advisor's engagement by the | 21 | | Department, and for a period of one year thereafter, the | 22 | | advisor shall not enter into any business or financial | 23 | | relationship with any offeror or any vendor identified to | 24 | | assist an offeror in performing its obligations under the | 25 | | management agreement. Any advisor retained by the Department | 26 | | shall be disqualified from being an offeror.
The Department |
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| 1 | | shall not include terms in the request for qualifications that | 2 | | provide a material advantage whether directly or indirectly to | 3 | | any potential offeror, or any contractor or subcontractor | 4 | | presently providing goods, services, or equipment to the | 5 | | Department to support the Lottery, including terms contained | 6 | | in previous responses to requests for proposals or | 7 | | qualifications submitted to Illinois, another State or foreign | 8 | | government when those terms are uniquely associated with a | 9 | | particular potential offeror, contractor, or subcontractor. | 10 | | The request for proposals offered by the Department on | 11 | | December 22, 2008 as "LOT08GAMESYS" and reference number | 12 | | "22016176" is declared void. | 13 | | (g) The Department shall select at least 2 offerors as | 14 | | finalists to potentially serve as the private manager no later | 15 | | than August 9, 2010. Upon making preliminary selections, the | 16 | | Department shall schedule a public hearing on the finalists' | 17 | | proposals and provide public notice of the hearing at least 7 | 18 | | calendar days before the hearing. The notice must include all | 19 | | of the following: | 20 | | (1) The date, time, and place of the hearing. | 21 | | (2) The subject matter of the hearing. | 22 | | (3) A brief description of the management agreement to | 23 | | be awarded. | 24 | | (4) The identity of the offerors that have been | 25 | | selected as finalists to serve as the private manager. | 26 | | (5) The address and telephone number of the |
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| 1 | | Department. | 2 | | (h) At the public hearing, the Department shall (i) | 3 | | provide sufficient time for each finalist to present and | 4 | | explain its proposal to the Department and the Governor or the | 5 | | Governor's designee, including an opportunity to respond to | 6 | | questions posed by the Department, Governor, or designee and | 7 | | (ii) allow the public and non-selected offerors to comment on | 8 | | the presentations. The Governor or a designee shall attend the | 9 | | public hearing. After the public hearing, the Department shall | 10 | | have 14 calendar days to recommend to the Governor whether a | 11 | | management agreement should be entered into with a particular | 12 | | finalist. After reviewing the Department's recommendation, the | 13 | | Governor may accept or reject the Department's recommendation, | 14 | | and shall select a final offeror as the private manager by | 15 | | publication of a notice in the Illinois Procurement Bulletin | 16 | | on or before September 15, 2010. The Governor shall include in | 17 | | the notice a detailed explanation and the reasons why the | 18 | | final offeror is superior to other offerors and will provide | 19 | | management services in a manner that best achieves the | 20 | | objectives of this Section. The Governor shall also sign the | 21 | | management agreement with the private manager. | 22 | | (i) Any action to contest the private manager selected by | 23 | | the Governor under this Section must be brought within 7 | 24 | | calendar days after the publication of the notice of the | 25 | | designation of the private manager as provided in subsection | 26 | | (h) of this Section. |
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| 1 | | (j) The Lottery shall remain, for so long as a private | 2 | | manager manages the Lottery in accordance with provisions of | 3 | | this Act, a Lottery conducted by the State, and the State shall | 4 | | not be authorized to sell or transfer the Lottery to a third | 5 | | party. | 6 | | (k) Any tangible personal property used exclusively in | 7 | | connection with the lottery that is owned by the Department | 8 | | and leased to the private manager shall be owned by the | 9 | | Department in the name of the State and shall be considered to | 10 | | be public property devoted to an essential public and | 11 | | governmental function. | 12 | | (l) The Department may exercise any of its powers under | 13 | | this Section or any other law as necessary or desirable for the | 14 | | execution of the Department's powers under this Section. | 15 | | (m) Neither this Section nor any management agreement | 16 | | entered into under this Section prohibits the General Assembly | 17 | | from authorizing forms of gambling that are not in direct | 18 | | competition with the Lottery. The forms of gambling authorized | 19 | | by Public Act 101-31 constitute authorized forms of gambling | 20 | | that are not in direct competition with the Lottery. | 21 | | (n) The private manager shall be subject to a complete | 22 | | investigation in the third, seventh, and tenth years of the | 23 | | agreement (if the agreement is for a 10-year term) by the | 24 | | Department in cooperation with the Auditor General to | 25 | | determine whether the private manager has complied with this | 26 | | Section and the management agreement. The private manager |
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| 1 | | shall bear the cost of an investigation or reinvestigation of | 2 | | the private manager under this subsection. | 3 | | (o) The powers conferred by this Section are in addition | 4 | | and supplemental to the powers conferred by any other law. If | 5 | | any other law or rule is inconsistent with this Section, | 6 | | including, but not limited to, provisions of the Illinois | 7 | | Procurement Code, then this Section controls as to any | 8 | | management agreement entered into under this Section. This | 9 | | Section and any rules adopted under this Section contain full | 10 | | and complete authority for a management agreement between the | 11 | | Department and a private manager. No law, procedure, | 12 | | proceeding, publication, notice, consent, approval, order, or | 13 | | act by the Department or any other officer, Department, | 14 | | agency, or instrumentality of the State or any political | 15 | | subdivision is required for the Department to enter into a | 16 | | management agreement under this Section. This Section contains | 17 | | full and complete authority for the Department to approve any | 18 | | contracts entered into by a private manager with a vendor | 19 | | providing goods, services, or both goods and services to the | 20 | | private manager under the terms of the management agreement, | 21 | | including subcontractors of such vendors. | 22 | | Upon receipt of a written request from the Chief | 23 | | Procurement Officer, the Department shall provide to the Chief | 24 | | Procurement Officer a complete and un-redacted copy of the | 25 | | management agreement or any contract that is subject to the | 26 | | Department's approval authority under this subsection (o). The |
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| 1 | | Department shall provide a copy of the agreement or contract | 2 | | to the Chief Procurement Officer in the time specified by the | 3 | | Chief Procurement Officer in his or her written request, but | 4 | | no later than 5 business days after the request is received by | 5 | | the Department. The Chief Procurement Officer must retain any | 6 | | portions of the management agreement or of any contract | 7 | | designated by the Department as confidential, proprietary, or | 8 | | trade secret information in complete confidence pursuant to | 9 | | subsection (g) of Section 7 of the Freedom of Information Act. | 10 | | The Department shall also provide the Chief Procurement | 11 | | Officer with reasonable advance written notice of any contract | 12 | | that is pending Department approval. | 13 | | Notwithstanding any other provision of this Section to the | 14 | | contrary, the Chief Procurement Officer shall adopt | 15 | | administrative rules, including emergency rules, to establish | 16 | | a procurement process to select a successor private manager if | 17 | | a private management agreement has been terminated. The | 18 | | selection process shall at a minimum take into account the | 19 | | criteria set forth in items (1) through (4) of subsection (e) | 20 | | of this Section and may include provisions consistent with | 21 | | subsections (f), (g), (h), and (i) of this Section. The Chief | 22 | | Procurement Officer shall also implement and administer the | 23 | | adopted selection process upon the termination of a private | 24 | | management agreement. The Department, after the Chief | 25 | | Procurement Officer certifies that the procurement process has | 26 | | been followed in accordance with the rules adopted under this |
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| 1 | | subsection (o), shall select a final offeror as the private | 2 | | manager and sign the management agreement with the private | 3 | | manager. | 4 | | Through June 30, 2022, except as provided in Sections | 5 | | 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12, and 21.13 | 6 | | of this Act and Section 25-70 of the Sports Wagering Act, the | 7 | | Department shall distribute all proceeds of lottery tickets | 8 | | and shares sold in the following priority and manner: | 9 | | (1) The payment of prizes and retailer bonuses. | 10 | | (2) The payment of costs incurred in the operation and | 11 | | administration of the Lottery, including the payment of | 12 | | sums due to the private manager under the management | 13 | | agreement with the Department. | 14 | | (3) On the last day of each month or as soon thereafter | 15 | | as possible, the State Comptroller shall direct and the | 16 | | State Treasurer shall transfer from the State Lottery Fund | 17 | | to the Common School Fund an amount that is equal to the | 18 | | proceeds transferred in the corresponding month of fiscal | 19 | | year 2009, as adjusted for inflation, to the Common School | 20 | | Fund. | 21 | | (4) On or before September 30 of each fiscal year, | 22 | | deposit any estimated remaining proceeds from the prior | 23 | | fiscal year , subject to payments under items (1), (2), and | 24 | | (3), into the Capital Projects Fund . Beginning in fiscal | 25 | | year 2019, the amount deposited shall be increased or | 26 | | decreased each year by the amount the estimated payment |
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| 1 | | differs from the amount determined from each year-end | 2 | | financial audit. Only remaining net deficits from prior | 3 | | fiscal years may reduce the requirement to deposit these | 4 | | funds, as determined by the annual financial audit. | 5 | | Beginning July 1, 2022, the Department shall distribute | 6 | | all proceeds of lottery tickets and shares sold in the manner | 7 | | and priority described in Section 9.3 of this Act , except that | 8 | | the Department shall make the transfer into the Capital | 9 | | Projects Fund that would have occurred under item (4) of this | 10 | | subsection (o) on or before September 30, 2022, but for the | 11 | | changes made to this subsection by Public Act 102-699 . | 12 | | (p) The Department shall be subject to the following | 13 | | reporting and information request requirements: | 14 | | (1) the Department shall submit written quarterly | 15 | | reports to the Governor and the General Assembly on the | 16 | | activities and actions of the private manager selected | 17 | | under this Section; | 18 | | (2) upon request of the Chief Procurement Officer, the | 19 | | Department shall promptly produce information related to | 20 | | the procurement activities of the Department and the | 21 | | private manager requested by the Chief Procurement | 22 | | Officer; the Chief Procurement Officer must retain | 23 | | confidential, proprietary, or trade secret information | 24 | | designated by the Department in complete confidence | 25 | | pursuant to subsection (g) of Section 7 of the Freedom of | 26 | | Information Act; and |
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| 1 | | (3) at least 30 days prior to the beginning of the | 2 | | Department's fiscal year, the Department shall prepare an | 3 | | annual written report on the activities of the private | 4 | | manager selected under this Section and deliver that | 5 | | report to the Governor and General Assembly. | 6 | | (Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19; | 7 | | 101-561, eff. 8-23-19; 102-558, eff. 8-20-21; 102-699, eff. | 8 | | 4-19-22.) | 9 | | Section 20. The State Finance Act is amended by changing | 10 | | Section 6z-130, as added by Public Act 102-699, and Sections | 11 | | 6z-114 and 8g-1 and by adding Sections 5.990 and 6z-138 as | 12 | | follows: | 13 | | (30 ILCS 105/5.990 new) | 14 | | Sec. 5.990. The Hate Crimes and Bias Incident Prevention | 15 | | and Response Fund. | 16 | | (30 ILCS 105/6z-114) | 17 | | Sec. 6z-114. The Ronald McDonald House Charities Fund; | 18 | | creation. The Ronald McDonald House Charities Fund is created | 19 | | as a special fund in the State treasury. From appropriations | 20 | | to the Department of Human Services from the Fund, the | 21 | | Department shall Subject to appropriation, moneys in the Fund | 22 | | shall be used to make grants to Ronald McDonald House | 23 | | Charities for services in Illinois.
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| 1 | | (Source: P.A. 102-73, eff. 7-9-21.) | 2 | | (30 ILCS 105/6z-134) | 3 | | Sec. 6z-134 6z-130 . Statewide 9-8-8 Trust Fund. | 4 | | (a) The Statewide 9-8-8 Trust Fund is created as a special | 5 | | fund in the State treasury. Moneys in the Fund shall be used by | 6 | | the Department of Human Services for the purposes of | 7 | | establishing and maintaining a statewide 9-8-8 suicide | 8 | | prevention and mental health crisis system pursuant to the | 9 | | National Suicide Hotline Designation Act of 2020, the Federal | 10 | | Communication Commission's rules adopted on July 16, 2020, and | 11 | | national guidelines for crisis care. The Fund shall consist | 12 | | of: | 13 | | (1) appropriations by the General Assembly; | 14 | | (2) grants and gifts intended for deposit in the Fund; | 15 | | (3) interest, premiums, gains, or other earnings on
| 16 | | the Fund; | 17 | | (4) moneys received from any other source that are
| 18 | | deposited in or transferred into the Fund. | 19 | | (b) Moneys in the Fund: | 20 | | (1) do not revert at the end of any State fiscal year
| 21 | | but remain available for the purposes of the Fund in | 22 | | subsequent State fiscal years; and | 23 | | (2) are not subject to transfer to any other Fund or
to | 24 | | transfer, assignment, or reassignment for any other use or | 25 | | purpose outside of those specified in this Section. |
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| 1 | | (c) An annual report of Fund deposits and expenditures | 2 | | shall be made to the General Assembly and the Federal | 3 | | Communications Commission. | 4 | | (d) (Blank). In addition to any other transfers that may | 5 | | be provided for by law, on July 1, 2022, or as soon thereafter | 6 | | as practical, the State Comptroller shall direct and the State | 7 | | Treasurer shall transfer the sum of $5,000,000 from the | 8 | | Statewide 9-1-1 Fund to the Statewide 9-8-8 Trust Fund.
| 9 | | (Source: P.A. 102-699, eff. 4-19-22; revised 8-1-22.) | 10 | | (30 ILCS 105/6z-138 new) | 11 | | Sec. 6z-138. Hate Crimes and Bias Incident Prevention and | 12 | | Response Fund. | 13 | | (a) The Hate Crimes and Bias Incident Prevention and | 14 | | Response Fund is created as a special fund in the State | 15 | | treasury. The Fund may accept moneys from any lawful source. | 16 | | Any interest earned on moneys in the Fund shall be deposited | 17 | | into the Fund. | 18 | | (b) Subject to appropriation, moneys in the Hate Crimes | 19 | | and Bias Incident Prevention and Response Fund shall be used | 20 | | by the Department of Human Rights, in its capacity as | 21 | | administrator and fiscal agent for the Commission on | 22 | | Discrimination and Hate Crimes, for operational and | 23 | | administrative expenditures related to, as well as the award | 24 | | of grants that support the eradication of, hate crimes and | 25 | | bias incidents. |
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| 1 | | (c) The Department of Human Rights shall adopt rules | 2 | | establishing requirements for the distribution of grant moneys | 3 | | and the determination of which persons or entities are | 4 | | eligible for grants and may adopt any other rules necessary to | 5 | | implement this Section and administer the Fund. | 6 | | (30 ILCS 105/8g-1) | 7 | | Sec. 8g-1. Fund transfers. | 8 | | (a) (Blank).
| 9 | | (b) (Blank). | 10 | | (c) (Blank). | 11 | | (d) (Blank). | 12 | | (e) (Blank). | 13 | | (f) (Blank). | 14 | | (g) (Blank). | 15 | | (h) (Blank). | 16 | | (i) (Blank). | 17 | | (j) (Blank). | 18 | | (k) (Blank). | 19 | | (l) (Blank). | 20 | | (m) (Blank). | 21 | | (n) (Blank). | 22 | | (o) (Blank). | 23 | | (p) (Blank). | 24 | | (q) (Blank). | 25 | | (r) (Blank). |
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| 1 | | (s) (Blank). | 2 | | (t) (Blank). | 3 | | (u) In addition to any other transfers that may be | 4 | | provided for by law, on July 1, 2021, or as soon thereafter as | 5 | | practical, only as directed by the Director of the Governor's | 6 | | Office of Management and Budget, the State Comptroller shall | 7 | | direct and the State Treasurer shall transfer the sum of | 8 | | $5,000,000 from the General Revenue Fund to the DoIT Special | 9 | | Projects Fund, and on June 1, 2022, or as soon thereafter as | 10 | | practical, but no later than June 30, 2022, the State | 11 | | Comptroller shall direct and the State Treasurer shall | 12 | | transfer the sum so transferred from the DoIT Special Projects | 13 | | Fund to the General Revenue Fund. | 14 | | (v) In addition to any other transfers that may be | 15 | | provided for by law, on July 1, 2021, or as soon thereafter as | 16 | | practical, the State Comptroller shall direct and the State | 17 | | Treasurer shall transfer the sum of $500,000 from the General | 18 | | Revenue Fund to the Governor's Administrative Fund. | 19 | | (w) In addition to any other transfers that may be | 20 | | provided for by law, on July 1, 2021, or as soon thereafter as | 21 | | practical, the State Comptroller shall direct and the State | 22 | | Treasurer shall transfer the sum of $500,000 from the General | 23 | | Revenue Fund to the Grant Accountability and Transparency | 24 | | Fund. | 25 | | (x) In addition to any other transfers that may be | 26 | | provided for by law, at a time or times during Fiscal Year 2022 |
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| 1 | | as directed by the Governor, the State Comptroller shall | 2 | | direct and the State Treasurer shall transfer up to a total of | 3 | | $20,000,000 from the General Revenue Fund to the Illinois | 4 | | Sports Facilities Fund to be credited to the Advance Account | 5 | | within the Fund. | 6 | | (y) In addition to any other transfers that may be | 7 | | provided for by law, on June 15, 2021, or as soon thereafter as | 8 | | practical, but no later than June 30, 2021, the State | 9 | | Comptroller shall direct and the State Treasurer shall | 10 | | transfer the sum of $100,000,000 from the General Revenue Fund | 11 | | to the Technology Management Revolving Fund. | 12 | | (z) In addition to any other transfers that may be | 13 | | provided for by law, on April 19, 2022 ( the effective date of | 14 | | Public Act 102-699) this amendatory Act of the 102nd General | 15 | | Assembly , or as soon thereafter as practical, but no later | 16 | | than June 30, 2022, the State Comptroller shall direct and the | 17 | | State Treasurer shall transfer the sum of $148,000,000 from | 18 | | the General Revenue Fund to the Build Illinois Bond Fund. | 19 | | (aa) In addition to any other transfers that may be | 20 | | provided for by law, on April 19, 2022 ( the effective date of | 21 | | Public Act 102-699) this amendatory Act of the 102nd General | 22 | | Assembly , or as soon thereafter as practical, but no later | 23 | | than June 30, 2022, the State Comptroller shall direct and the | 24 | | State Treasurer shall transfer the sum of $180,000,000 from | 25 | | the General Revenue Fund to the Rebuild Illinois Projects | 26 | | Fund. |
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| 1 | | (bb) In addition to any other transfers that may be | 2 | | provided for by law, on July 1, 2022, or as soon thereafter as | 3 | | practical, the State Comptroller shall direct and the State | 4 | | Treasurer shall transfer the sum of $500,000 from the General | 5 | | Revenue Fund to the Governor's Administrative Fund. | 6 | | (cc) In addition to any other transfers that may be | 7 | | provided for by law, on July 1, 2022, or as soon thereafter as | 8 | | practical, the State Comptroller shall direct and the State | 9 | | Treasurer shall transfer the sum of $500,000 from the General | 10 | | Revenue Fund to the Grant Accountability and Transparency | 11 | | Fund. | 12 | | (dd) (z) In addition to any other transfers that may be | 13 | | provided by law, on April 19, 2022 ( the effective date of | 14 | | Public Act 102-700) this amendatory Act of the 102nd General | 15 | | Assembly , or as soon thereafter as practical, but no later | 16 | | than June 30, 2022, the State Comptroller shall direct and the | 17 | | State Treasurer shall transfer the sum of $685,000,000 from | 18 | | the General Revenue Fund to the Income Tax Refund Fund. Moneys | 19 | | from this transfer shall be used for the purpose of making the | 20 | | one-time rebate payments provided under Section 212.1 of the | 21 | | Illinois Income Tax Act. | 22 | | (ee) (aa) In addition to any other transfers that may be | 23 | | provided by law, beginning on April 19, 2022 ( the effective | 24 | | date of Public Act 102-700) this amendatory Act of the 102nd | 25 | | General Assembly and until December 31, 2023, at the direction | 26 | | of the Department of Revenue, the State Comptroller shall |
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| 1 | | direct and the State Treasurer shall transfer from the General | 2 | | Revenue Fund to the Income Tax Refund Fund any amounts needed | 3 | | beyond the amounts transferred in subsection (dd) (z) to make | 4 | | payments of the one-time rebate payments provided under | 5 | | Section 212.1 of the Illinois Income Tax Act. | 6 | | (ff) (z) In addition to any other transfers that may be | 7 | | provided for by law, on April 19, 2022 ( the effective date of | 8 | | Public Act 102-700) this amendatory Act of the 102nd General | 9 | | Assembly , or as soon thereafter as practical, but no later | 10 | | than June 30, 2022, the State Comptroller shall direct and the | 11 | | State Treasurer shall transfer the sum of $720,000,000 from | 12 | | the General Revenue Fund to the Budget Stabilization Fund. | 13 | | (gg) (aa) In addition to any other transfers that may be | 14 | | provided for by law, on July 1, 2022, or as soon thereafter as | 15 | | practical, the State Comptroller shall direct and the State | 16 | | Treasurer shall transfer the sum of $280,000,000 from the | 17 | | General Revenue Fund to the Budget Stabilization Fund. | 18 | | (hh) (bb) In addition to any other transfers that may be | 19 | | provided for by law, on July 1, 2022, or as soon thereafter as | 20 | | practical, the State Comptroller shall direct and the State | 21 | | Treasurer shall transfer the sum of $200,000,000 from the | 22 | | General Revenue Fund to the Pension Stabilization Fund. | 23 | | (ii) In addition to any other transfers that may be | 24 | | provided for by law, on January 1, 2023, or as soon thereafter | 25 | | as practical, the State Comptroller shall direct and the State | 26 | | Treasurer shall transfer the sum of $850,000,000 from the |
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| 1 | | General Revenue Fund to the Budget Stabilization Fund. | 2 | | (jj) In addition to any other transfers that may be | 3 | | provided for by law, at a time or times during Fiscal Year 2023 | 4 | | as directed by the Governor, the State Comptroller shall | 5 | | direct and the State Treasurer shall transfer up to a total of | 6 | | $400,000,000 from the General Revenue Fund to the Large | 7 | | Business Attraction Fund. | 8 | | (kk) In addition to any other transfers that may be | 9 | | provided for by law, on January 1, 2023, or as soon thereafter | 10 | | as practical, the State Comptroller shall direct and the State | 11 | | Treasurer shall transfer the sum of $75,000,000 from the | 12 | | General Revenue Fund to the Disaster Response and Recovery | 13 | | Fund. | 14 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | 15 | | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 102-700, Article | 16 | | 40, Section 40-5, eff. 4-19-22; 102-700, Article 80, Section | 17 | | 80-5, eff. 4-19-22; revised 6-23-22.) | 18 | | Section 25. The Budget Stabilization Act is amended by | 19 | | changing Section 15 as follows: | 20 | | (30 ILCS 122/15)
| 21 | | Sec. 15. Transfers to Budget Stabilization Fund.
In | 22 | | furtherance of the State's objective for the Budget | 23 | | Stabilization
Fund to have resources representing 7.5% 5% of | 24 | | the State's annual general
funds revenues:
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| 1 | | (a) For each fiscal year when the General Assembly's
| 2 | | appropriations and transfers or diversions as required by law
| 3 | | from general funds do not exceed 99% of the
estimated general | 4 | | funds revenues pursuant to subsection (a)
of Section 10, the | 5 | | Comptroller shall transfer from the
General Revenue Fund as | 6 | | provided by this Section a total
amount equal to 0.5% of the | 7 | | estimated general funds revenues
to the Budget Stabilization | 8 | | Fund.
| 9 | | (b) For each fiscal year when the General Assembly's
| 10 | | appropriations and transfers or diversions as required by law
| 11 | | from general funds do not exceed 98% of the
estimated general | 12 | | funds revenues pursuant to subsection (b)
of Section 10, the | 13 | | Comptroller shall transfer from the
General Revenue Fund as | 14 | | provided by this Section a total
amount equal to 1% of the | 15 | | estimated general funds revenues to
the Budget Stabilization | 16 | | Fund.
| 17 | | (c) The Comptroller shall transfer 1/12 of the total
| 18 | | amount to be transferred each fiscal year under this Section
| 19 | | into the Budget Stabilization Fund on the first day of each
| 20 | | month of that fiscal year or as soon thereafter as possible.
| 21 | | The balance of the Budget Stabilization Fund shall not exceed | 22 | | 7.5%
5% of the total of general funds revenues estimated for | 23 | | that
fiscal year except as provided by subsection (d) of this | 24 | | Section.
| 25 | | (d) If the balance of the Budget Stabilization Fund
| 26 | | exceeds 7.5% 5% of the total general funds revenues estimated |
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| 1 | | for that
fiscal year, the additional transfers are not | 2 | | required unless there are
outstanding liabilities under | 3 | | Section 25 of the State Finance Act from prior
fiscal years. If | 4 | | there are such outstanding Section 25 liabilities, then the
| 5 | | Comptroller shall continue to transfer 1/12 of the total | 6 | | amount identified
for transfer to the Budget Stabilization | 7 | | Fund on the first day of each month
of that fiscal year or as | 8 | | soon thereafter as possible to be reserved for
those Section | 9 | | 25 liabilities. Nothing in this Act prohibits the General
| 10 | | Assembly from appropriating additional moneys into the Budget | 11 | | Stabilization
Fund.
| 12 | | (e) On or before August 31 of each fiscal year, the amount
| 13 | | determined to be transferred to the Budget Stabilization Fund | 14 | | shall be
reconciled to actual general funds revenues for that | 15 | | fiscal year. The
final transfer for each fiscal year shall be | 16 | | adjusted so that the
total amount transferred under this | 17 | | Section is equal to the percentage specified in subsection
(a) | 18 | | or (b) of this Section, as applicable, based on actual
general | 19 | | funds revenues calculated consistently with subsection (c) of
| 20 | | Section 10 of this Act for each fiscal year.
| 21 | | (f) For the fiscal year beginning July 1, 2006 and for each | 22 | | fiscal
year thereafter, the budget proposal to the General | 23 | | Assembly shall identify
liabilities incurred in a
prior fiscal | 24 | | year under Section 25 of the State Finance Act and the budget
| 25 | | proposal shall provide
funding as allowable pursuant to | 26 | | subsection (d) of this Section, if
applicable.
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| 1 | | (Source: P.A. 93-660, eff. 7-1-04; 94-839, eff. 6-6-06.) | 2 | | Section 30. The Illinois Police Training Act is amended by | 3 | | changing Section 6 as follows:
| 4 | | (50 ILCS 705/6) (from Ch. 85, par. 506)
| 5 | | Sec. 6. Powers and duties of the Board; selection and | 6 | | certification of schools. The Board shall select
and certify | 7 | | schools within the State of
Illinois for the purpose of | 8 | | providing basic training for probationary law enforcement
| 9 | | officers, probationary county corrections officers, and
court | 10 | | security officers and
of providing advanced or in-service | 11 | | training for permanent law enforcement officers
or permanent
| 12 | | county corrections officers, which schools may be either | 13 | | publicly or
privately owned and operated. In addition, the | 14 | | Board has the following
power and duties:
| 15 | | a. To require law enforcement agencies to furnish such | 16 | | reports and
information as the Board deems necessary to | 17 | | fully implement this Act.
| 18 | | b. To establish appropriate mandatory minimum | 19 | | standards
relating to the training of probationary local | 20 | | law enforcement officers
or probationary county | 21 | | corrections officers, and in-service training of permanent | 22 | | law enforcement officers.
| 23 | | c. To provide appropriate certification to those | 24 | | probationary
officers who successfully complete the |
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| 1 | | prescribed minimum standard basic
training course.
| 2 | | d. To review and approve annual training curriculum | 3 | | for county sheriffs.
| 4 | | e. To review and approve applicants to ensure that no | 5 | | applicant is admitted
to a certified academy unless the | 6 | | applicant is a person of good character
and has not been | 7 | | convicted of, found guilty of, entered a plea of guilty | 8 | | to, or entered a plea of nolo contendere to a felony | 9 | | offense, any of the
misdemeanors in Sections 11-1.50, | 10 | | 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, | 11 | | 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1,
17-1, 17-2, | 12 | | 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in | 13 | | violation of any Section of Part E of Title III of the | 14 | | Criminal Code of 1961 or the Criminal Code of 2012, or | 15 | | subsection (a) of Section 17-32 of the Criminal Code of | 16 | | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | 17 | | the Cannabis Control Act, or a crime involving
moral
| 18 | | turpitude under the laws of this State or any other state | 19 | | which if
committed in this State would be punishable as a | 20 | | felony or a crime of
moral turpitude, or any felony or | 21 | | misdemeanor in violation of federal law or the law of any | 22 | | state that is the equivalent of any of the offenses | 23 | | specified therein. The Board may appoint investigators who | 24 | | shall enforce
the duties conferred upon the Board by this | 25 | | Act.
| 26 | | For purposes of this paragraph e, a person is |
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| 1 | | considered to have been convicted of, found guilty of, or | 2 | | entered a plea of guilty to, plea of nolo contendere to | 3 | | regardless of whether the adjudication of guilt or | 4 | | sentence is withheld or not entered thereon. This includes | 5 | | sentences of supervision, conditional discharge, or first | 6 | | offender probation, or any similar disposition provided | 7 | | for by law. | 8 | | f. To establish statewide standards for minimum | 9 | | standards regarding regular mental health screenings for | 10 | | probationary and permanent police officers, ensuring that | 11 | | counseling sessions and screenings remain confidential. | 12 | | g. To review and ensure all law enforcement officers | 13 | | remain in compliance with this Act, and any administrative | 14 | | rules adopted under this Act. | 15 | | h. To suspend any certificate for a definite period, | 16 | | limit or restrict any certificate, or revoke any | 17 | | certificate. | 18 | | i. The Board and the Panel shall have power to secure | 19 | | by its subpoena and bring before it any person or entity in | 20 | | this State and to take testimony either orally or by | 21 | | deposition or both with the same fees and mileage and in | 22 | | the same manner as prescribed by law in judicial | 23 | | proceedings in civil cases in circuit courts of this | 24 | | State. The Board and the Panel shall also have the power to | 25 | | subpoena the production of documents, papers, files, | 26 | | books, documents, and records, whether in physical or |
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| 1 | | electronic form, in support of the charges and for | 2 | | defense, and in connection with a hearing or | 3 | | investigation. | 4 | | j. The Executive Director, the administrative law | 5 | | judge designated by the Executive Director, and each | 6 | | member of the Board and the Panel shall have the power to | 7 | | administer oaths to witnesses at any hearing that the | 8 | | Board is authorized to conduct under this Act and any | 9 | | other oaths required or authorized to be administered by | 10 | | the Board under this Act. | 11 | | k. In case of the neglect or refusal of any person to | 12 | | obey a subpoena issued by the Board and the Panel, any | 13 | | circuit court, upon application of the Board and the | 14 | | Panel, through the Illinois Attorney General, may order | 15 | | such person to appear before the Board and the Panel give | 16 | | testimony or produce evidence, and any failure to obey | 17 | | such order is punishable by the court as a contempt | 18 | | thereof. This order may be served by personal delivery, by | 19 | | email, or by mail to the address of record or email address | 20 | | of record. | 21 | | l. The Board shall have the power to administer state | 22 | | certification examinations. Any and all records related to | 23 | | these examinations, including, but not limited to, test | 24 | | questions, test formats, digital files, answer responses, | 25 | | answer keys, and scoring information shall be exempt from | 26 | | disclosure. |
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| 1 | | m. To make grants, subject to appropriation, to units
| 2 | | of local government and public institutions of higher | 3 | | education for the purposes of hiring and retaining law | 4 | | enforcement officers. | 5 | | (Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, | 6 | | Section 10-143, eff. 7-1-21; 101-652, Article 25, Section | 7 | | 25-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff. | 8 | | 1-7-22.) | 9 | | Section 35. The Liquor Control Act of 1934 is amended by | 10 | | adding Section 3-4.1 as follows: | 11 | | (235 ILCS 5/3-4.1 new) | 12 | | Sec. 3-4.1. Obtaining evidence. The State Commission has | 13 | | the power to expend sums that the Executive Director deems | 14 | | necessary for the purchase of evidence and for the employment | 15 | | of persons to obtain evidence. The sums shall be advanced to | 16 | | employees authorized by the Executive Director to expend | 17 | | funds, on vouchers signed by the Executive Director. | 18 | | In addition, the Executive Director is authorized to | 19 | | maintain one or more commercial checking accounts with any | 20 | | State banking corporation or corporations organized under or | 21 | | subject to the Illinois Banking Act for the deposit and | 22 | | withdrawal of moneys to be used solely for the purchase of | 23 | | evidence and for the employment of persons to obtain evidence. | 24 | | No check may be written on nor any withdrawal made from such an |
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| 1 | | account except on the written signature of 2 persons | 2 | | designated by the Executive Director to write those checks and | 3 | | make those withdrawals. The balance of moneys on deposit in | 4 | | any such account shall not exceed $25,000 at any time, nor | 5 | | shall any one check written on or single withdrawal made from | 6 | | any such account exceed $25,000. | 7 | | Section 40. The Illinois Human Rights Act is amended by | 8 | | changing Section 7-101 as follows:
| 9 | | (775 ILCS 5/7-101) (from Ch. 68, par. 7-101)
| 10 | | Sec. 7-101. Powers and Duties. In addition to other powers | 11 | | and duties
prescribed in this Act, the Department shall have | 12 | | the following powers:
| 13 | | (A) Rules and Regulations. To adopt, promulgate, amend, | 14 | | and rescind rules
and regulations not inconsistent with the | 15 | | provisions of this Act pursuant
to the Illinois Administrative | 16 | | Procedure Act.
| 17 | | (B) Charges. To issue, receive, investigate, conciliate, | 18 | | settle, and dismiss
charges filed in conformity with this Act.
| 19 | | (C) Compulsory Process. To request subpoenas as it deems | 20 | | necessary for
its investigations.
| 21 | | (D) Complaints. To file complaints with the Commission in | 22 | | conformity
with this Act.
| 23 | | (E) Judicial Enforcement. To seek temporary relief and to | 24 | | enforce orders
of the Commission in conformity with this Act.
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| 1 | | (F) Equal Employment Opportunities. To take such action as | 2 | | may be authorized
to provide for equal employment | 3 | | opportunities and affirmative action.
| 4 | | (G) Recruitment; Research; Public Communication; Advisory | 5 | | Councils. To
engage in such recruitment, research and public | 6 | | communication and create
such advisory councils as may be | 7 | | authorized to effectuate the purposes of
this Act.
| 8 | | (H) Coordination with other Agencies. To coordinate its
| 9 | | activities with federal, state, and local agencies in | 10 | | conformity with this Act.
| 11 | | (I) Public Grants; Private Gifts. | 12 | | (1) To accept public grants and private
gifts as may | 13 | | be authorized. | 14 | | (2) To design grant programs and award grants to | 15 | | eligible recipients.
| 16 | | (J) Education and Training. To implement a formal and | 17 | | unbiased program
of education and training for all employees | 18 | | assigned to investigate and
conciliate charges under Articles | 19 | | 7A and 7B. The training program shall
include the following:
| 20 | | (1) substantive and procedural aspects of the | 21 | | investigation and
conciliation positions;
| 22 | | (2) current issues in human rights law and practice;
| 23 | | (3) lectures by specialists in substantive areas | 24 | | related to human
rights matters;
| 25 | | (4) orientation to each operational unit of the | 26 | | Department and Commission;
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| 1 | | (5) observation of experienced Department | 2 | | investigators and attorneys
conducting conciliation | 3 | | conferences, combined with the opportunity to
discuss | 4 | | evidence presented and rulings made;
| 5 | | (6) the use of hypothetical cases requiring the | 6 | | Department investigator
and conciliation conference | 7 | | attorney to issue judgments as a means to
evaluating | 8 | | knowledge and writing ability;
| 9 | | (7) writing skills;
| 10 | | (8) computer skills, including but not limited to word | 11 | | processing and
document management.
| 12 | | A formal, unbiased and ongoing professional development | 13 | | program
including, but not limited to, the above-noted areas | 14 | | shall be implemented
to keep Department investigators and | 15 | | attorneys informed of recent
developments and issues and to | 16 | | assist them in maintaining and enhancing
their professional | 17 | | competence.
| 18 | | (Source: P.A. 99-74, eff. 7-20-15.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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