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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4
ARTICLE 5. STATE GOVERNMENT-AGENCY MANDATES
5 (20 ILCS 1110/7 rep.)
6 (20 ILCS 1110/8 rep.)
7 (20 ILCS 1110/9 rep.)
8 (20 ILCS 1110/10 rep.)
9 (20 ILCS 1110/11 rep.)
10 (20 ILCS 1110/12 rep.)
11 (20 ILCS 1110/13 rep.)
12 (20 ILCS 1110/14 rep.)
13 (20 ILCS 1110/15 rep.)
14 (20 ILCS 1110/16 rep.)
15 (20 ILCS 1110/17 rep.)
16 Section 5-5. The Illinois Coal and Energy Development Bond
17Act is amended by repealing Sections 7, 8, 9, 10, 11, 12, 13,
1814, 15, 16, and 17.
19 Section 5-10. The Department of Human Services Act is
20amended by changing Section 1-17 as follows:
21 (20 ILCS 1305/1-17)

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1 Sec. 1-17. Inspector General.
2 (a) Nature and purpose. It is the express intent of the
3General Assembly to ensure the health, safety, and financial
4condition of individuals receiving services in this State due
5to mental illness, developmental disability, or both by
6protecting those persons from acts of abuse, neglect, or both
7by service providers. To that end, the Office of the Inspector
8General for the Department of Human Services is created to
9investigate and report upon allegations of the abuse, neglect,
10or financial exploitation of individuals receiving services
11within mental health facilities, developmental disabilities
12facilities, and community agencies operated, licensed, funded,
13or certified by the Department of Human Services, but not
14licensed or certified by any other State agency.
15 (b) Definitions. The following definitions apply to this
16Section:
17 "Adult student with a disability" means an adult student,
18age 18 through 21, inclusive, with an Individual Education
19Program, other than a resident of a facility licensed by the
20Department of Children and Family Services in accordance with
21the Child Care Act of 1969. For purposes of this definition,
22"through age 21, inclusive", means through the day before the
23student's 22nd birthday.
24 "Agency" or "community agency" means (i) a community
25agency licensed, funded, or certified by the Department, but
26not licensed or certified by any other human services agency

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1of the State, to provide mental health service or
2developmental disabilities service, or (ii) a program
3licensed, funded, or certified by the Department, but not
4licensed or certified by any other human services agency of
5the State, to provide mental health service or developmental
6disabilities service.
7 "Aggravating circumstance" means a factor that is
8attendant to a finding and that tends to compound or increase
9the culpability of the accused.
10 "Allegation" means an assertion, complaint, suspicion, or
11incident involving any of the following conduct by an
12employee, facility, or agency against an individual or
13individuals: mental abuse, physical abuse, sexual abuse,
14neglect, or financial exploitation.
15 "Day" means working day, unless otherwise specified.
16 "Deflection" means a situation in which an individual is
17presented for admission to a facility or agency, and the
18facility staff or agency staff do not admit the individual.
19"Deflection" includes triage, redirection, and denial of
20admission.
21 "Department" means the Department of Human Services.
22 "Developmental disability" means "developmental
23disability" as defined in the Mental Health and Developmental
24Disabilities Code.
25 "Egregious neglect" means a finding of neglect as
26determined by the Inspector General that (i) represents a

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1gross failure to adequately provide for, or a callused
2indifference to, the health, safety, or medical needs of an
3individual and (ii) results in an individual's death or other
4serious deterioration of an individual's physical condition or
5mental condition.
6 "Employee" means any person who provides services at the
7facility or agency on-site or off-site. The service
8relationship can be with the individual or with the facility
9or agency. Also, "employee" includes any employee or
10contractual agent of the Department of Human Services or the
11community agency involved in providing or monitoring or
12administering mental health or developmental disability
13services. This includes but is not limited to: owners,
14operators, payroll personnel, contractors, subcontractors, and
15volunteers.
16 "Facility" or "State-operated facility" means a mental
17health facility or developmental disabilities facility
18operated by the Department.
19 "Financial exploitation" means taking unjust advantage of
20an individual's assets, property, or financial resources
21through deception, intimidation, or conversion for the
22employee's, facility's, or agency's own advantage or benefit.
23 "Finding" means the Office of Inspector General's
24determination regarding whether an allegation is
25substantiated, unsubstantiated, or unfounded.
26 "Health Care Worker Registry" or "Registry" means the

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1Health Care Worker Registry under the Health Care Worker
2Background Check Act.
3 "Individual" means any person receiving mental health
4service, developmental disabilities service, or both from a
5facility or agency, while either on-site or off-site.
6 "Mental abuse" means the use of demeaning, intimidating,
7or threatening words, signs, gestures, or other actions by an
8employee about an individual and in the presence of an
9individual or individuals that results in emotional distress
10or maladaptive behavior, or could have resulted in emotional
11distress or maladaptive behavior, for any individual present.
12 "Mental illness" means "mental illness" as defined in the
13Mental Health and Developmental Disabilities Code.
14 "Mentally ill" means having a mental illness.
15 "Mitigating circumstance" means a condition that (i) is
16attendant to a finding, (ii) does not excuse or justify the
17conduct in question, but (iii) may be considered in evaluating
18the severity of the conduct, the culpability of the accused,
19or both the severity of the conduct and the culpability of the
20accused.
21 "Neglect" means an employee's, agency's, or facility's
22failure to provide adequate medical care, personal care, or
23maintenance and that, as a consequence, (i) causes an
24individual pain, injury, or emotional distress, (ii) results
25in either an individual's maladaptive behavior or the
26deterioration of an individual's physical condition or mental

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1condition, or (iii) places the individual's health or safety
2at substantial risk.
3 "Person with a developmental disability" means a person
4having a developmental disability.
5 "Physical abuse" means an employee's non-accidental and
6inappropriate contact with an individual that causes bodily
7harm. "Physical abuse" includes actions that cause bodily harm
8as a result of an employee directing an individual or person to
9physically abuse another individual.
10 "Recommendation" means an admonition, separate from a
11finding, that requires action by the facility, agency, or
12Department to correct a systemic issue, problem, or deficiency
13identified during an investigation.
14 "Required reporter" means any employee who suspects,
15witnesses, or is informed of an allegation of any one or more
16of the following: mental abuse, physical abuse, sexual abuse,
17neglect, or financial exploitation.
18 "Secretary" means the Chief Administrative Officer of the
19Department.
20 "Sexual abuse" means any sexual contact or intimate
21physical contact between an employee and an individual,
22including an employee's coercion or encouragement of an
23individual to engage in sexual behavior that results in sexual
24contact, intimate physical contact, sexual behavior, or
25intimate physical behavior. Sexual abuse also includes (i) an
26employee's actions that result in the sending or showing of

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1sexually explicit images to an individual via computer,
2cellular phone, electronic mail, portable electronic device,
3or other media with or without contact with the individual or
4(ii) an employee's posting of sexually explicit images of an
5individual online or elsewhere whether or not there is contact
6with the individual.
7 "Sexually explicit images" includes, but is not limited
8to, any material which depicts nudity, sexual conduct, or
9sado-masochistic abuse, or which contains explicit and
10detailed verbal descriptions or narrative accounts of sexual
11excitement, sexual conduct, or sado-masochistic abuse.
12 "Substantiated" means there is a preponderance of the
13evidence to support the allegation.
14 "Unfounded" means there is no credible evidence to support
15the allegation.
16 "Unsubstantiated" means there is credible evidence, but
17less than a preponderance of evidence to support the
18allegation.
19 (c) Appointment. The Governor shall appoint, and the
20Senate shall confirm, an Inspector General. The Inspector
21General shall be appointed for a term of 4 years and shall
22function within the Department of Human Services and report to
23the Secretary and the Governor.
24 (d) Operation and appropriation. The Inspector General
25shall function independently within the Department with
26respect to the operations of the Office, including the

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1performance of investigations and issuance of findings and
2recommendations. The appropriation for the Office of Inspector
3General shall be separate from the overall appropriation for
4the Department.
5 (e) Powers and duties. The Inspector General shall
6investigate reports of suspected mental abuse, physical abuse,
7sexual abuse, neglect, or financial exploitation of
8individuals in any mental health or developmental disabilities
9facility or agency and shall have authority to take immediate
10action to prevent any one or more of the following from
11happening to individuals under its jurisdiction: mental abuse,
12physical abuse, sexual abuse, neglect, or financial
13exploitation. Upon written request of an agency of this State,
14the Inspector General may assist another agency of the State
15in investigating reports of the abuse, neglect, or abuse and
16neglect of persons with mental illness, persons with
17developmental disabilities, or persons with both. To comply
18with the requirements of subsection (k) of this Section, the
19Inspector General shall also review all reportable deaths for
20which there is no allegation of abuse or neglect. Nothing in
21this Section shall preempt any duties of the Medical Review
22Board set forth in the Mental Health and Developmental
23Disabilities Code. The Inspector General shall have no
24authority to investigate alleged violations of the State
25Officials and Employees Ethics Act. Allegations of misconduct
26under the State Officials and Employees Ethics Act shall be

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1referred to the Office of the Governor's Executive Inspector
2General for investigation.
3 (f) Limitations. The Inspector General shall not conduct
4an investigation within an agency or facility if that
5investigation would be redundant to or interfere with an
6investigation conducted by another State agency. The Inspector
7General shall have no supervision over, or involvement in, the
8routine programmatic, licensing, funding, or certification
9operations of the Department. Nothing in this subsection
10limits investigations by the Department that may otherwise be
11required by law or that may be necessary in the Department's
12capacity as central administrative authority responsible for
13the operation of the State's mental health and developmental
14disabilities facilities.
15 (g) Rulemaking authority. The Inspector General shall
16promulgate rules establishing minimum requirements for
17reporting allegations as well as for initiating, conducting,
18and completing investigations based upon the nature of the
19allegation or allegations. The rules shall clearly establish
20that if 2 or more State agencies could investigate an
21allegation, the Inspector General shall not conduct an
22investigation that would be redundant to, or interfere with,
23an investigation conducted by another State agency. The rules
24shall further clarify the method and circumstances under which
25the Office of Inspector General may interact with the
26licensing, funding, or certification units of the Department

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1in preventing further occurrences of mental abuse, physical
2abuse, sexual abuse, neglect, egregious neglect, and financial
3exploitation.
4 (h) Training programs. The Inspector General shall (i)
5establish a comprehensive program to ensure that every person
6authorized to conduct investigations receives ongoing training
7relative to investigation techniques, communication skills,
8and the appropriate means of interacting with persons
9receiving treatment for mental illness, developmental
10disability, or both mental illness and developmental
11disability, and (ii) establish and conduct periodic training
12programs for facility and agency employees concerning the
13prevention and reporting of any one or more of the following:
14mental abuse, physical abuse, sexual abuse, neglect, egregious
15neglect, or financial exploitation. The Inspector General
16shall further ensure (i) every person authorized to conduct
17investigations at community agencies receives ongoing training
18in Title 59, Parts 115, 116, and 119 of the Illinois
19Administrative Code, and (ii) every person authorized to
20conduct investigations shall receive ongoing training in Title
2159, Part 50 of the Illinois Administrative Code. Nothing in
22this Section shall be deemed to prevent the Office of
23Inspector General from conducting any other training as
24determined by the Inspector General to be necessary or
25helpful.
26 (i) Duty to cooperate.

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1 (1) The Inspector General shall at all times be
2 granted access to any facility or agency for the purpose
3 of investigating any allegation, conducting unannounced
4 site visits, monitoring compliance with a written
5 response, or completing any other statutorily assigned
6 duty. The Inspector General shall conduct unannounced site
7 visits to each facility at least annually for the purpose
8 of reviewing and making recommendations on systemic issues
9 relative to preventing, reporting, investigating, and
10 responding to all of the following: mental abuse, physical
11 abuse, sexual abuse, neglect, egregious neglect, or
12 financial exploitation.
13 (2) Any employee who fails to cooperate with an Office
14 of the Inspector General investigation is in violation of
15 this Act. Failure to cooperate with an investigation
16 includes, but is not limited to, any one or more of the
17 following: (i) creating and transmitting a false report to
18 the Office of the Inspector General hotline, (ii)
19 providing false information to an Office of the Inspector
20 General Investigator during an investigation, (iii)
21 colluding with other employees to cover up evidence, (iv)
22 colluding with other employees to provide false
23 information to an Office of the Inspector General
24 investigator, (v) destroying evidence, (vi) withholding
25 evidence, or (vii) otherwise obstructing an Office of the
26 Inspector General investigation. Additionally, any

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1 employee who, during an unannounced site visit or written
2 response compliance check, fails to cooperate with
3 requests from the Office of the Inspector General is in
4 violation of this Act.
5 (j) Subpoena powers. The Inspector General shall have the
6power to subpoena witnesses and compel the production of all
7documents and physical evidence relating to his or her
8investigations and any hearings authorized by this Act. This
9subpoena power shall not extend to persons or documents of a
10labor organization or its representatives insofar as the
11persons are acting in a representative capacity to an employee
12whose conduct is the subject of an investigation or the
13documents relate to that representation. Any person who
14otherwise fails to respond to a subpoena or who knowingly
15provides false information to the Office of the Inspector
16General by subpoena during an investigation is guilty of a
17Class A misdemeanor.
18 (k) Reporting allegations and deaths.
19 (1) Allegations. If an employee witnesses, is told of,
20 or has reason to believe an incident of mental abuse,
21 physical abuse, sexual abuse, neglect, or financial
22 exploitation has occurred, the employee, agency, or
23 facility shall report the allegation by phone to the
24 Office of the Inspector General hotline according to the
25 agency's or facility's procedures, but in no event later
26 than 4 hours after the initial discovery of the incident,

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1 allegation, or suspicion of any one or more of the
2 following: mental abuse, physical abuse, sexual abuse,
3 neglect, or financial exploitation. A required reporter as
4 defined in subsection (b) of this Section who knowingly or
5 intentionally fails to comply with these reporting
6 requirements is guilty of a Class A misdemeanor.
7 (2) Deaths. Absent an allegation, a required reporter
8 shall, within 24 hours after initial discovery, report by
9 phone to the Office of the Inspector General hotline each
10 of the following:
11 (i) Any death of an individual occurring within 14
12 calendar days after discharge or transfer of the
13 individual from a residential program or facility.
14 (ii) Any death of an individual occurring within
15 24 hours after deflection from a residential program
16 or facility.
17 (iii) Any other death of an individual occurring
18 at an agency or facility or at any Department-funded
19 site.
20 (3) Retaliation. It is a violation of this Act for any
21 employee or administrator of an agency or facility to take
22 retaliatory action against an employee who acts in good
23 faith in conformance with his or her duties as a required
24 reporter.
25 (l) Reporting to law enforcement. (1) Reporting criminal
26acts. Within 24 hours after determining that there is credible

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1evidence indicating that a criminal act may have been
2committed or that special expertise may be required in an
3investigation, the Inspector General shall notify the Illinois
4State Police or other appropriate law enforcement authority,
5or ensure that such notification is made. The Illinois State
6Police shall investigate any report from a State-operated
7facility indicating a possible murder, sexual assault, or
8other felony by an employee. All investigations conducted by
9the Inspector General shall be conducted in a manner designed
10to ensure the preservation of evidence for possible use in a
11criminal prosecution.
12 (2) Reporting allegations of adult students with
13 disabilities. Upon receipt of a reportable allegation
14 regarding an adult student with a disability, the
15 Department's Office of the Inspector General shall
16 determine whether the allegation meets the criteria for
17 the Domestic Abuse Program under the Abuse of Adults with
18 Disabilities Intervention Act. If the allegation is
19 reportable to that program, the Office of the Inspector
20 General shall initiate an investigation. If the allegation
21 is not reportable to the Domestic Abuse Program, the
22 Office of the Inspector General shall make an expeditious
23 referral to the respective law enforcement entity. If the
24 alleged victim is already receiving services from the
25 Department, the Office of the Inspector General shall also
26 make a referral to the respective Department of Human

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1 Services' Division or Bureau.
2 (m) Investigative reports. Upon completion of an
3investigation, the Office of Inspector General shall issue an
4investigative report identifying whether the allegations are
5substantiated, unsubstantiated, or unfounded. Within 10
6business days after the transmittal of a completed
7investigative report substantiating an allegation, finding an
8allegation is unsubstantiated, or if a recommendation is made,
9the Inspector General shall provide the investigative report
10on the case to the Secretary and to the director of the
11facility or agency where any one or more of the following
12occurred: mental abuse, physical abuse, sexual abuse, neglect,
13egregious neglect, or financial exploitation. The director of
14the facility or agency shall be responsible for maintaining
15the confidentiality of the investigative report consistent
16with State and federal law. In a substantiated case, the
17investigative report shall include any mitigating or
18aggravating circumstances that were identified during the
19investigation. If the case involves substantiated neglect, the
20investigative report shall also state whether egregious
21neglect was found. An investigative report may also set forth
22recommendations. All investigative reports prepared by the
23Office of the Inspector General shall be considered
24confidential and shall not be released except as provided by
25the law of this State or as required under applicable federal
26law. Unsubstantiated and unfounded reports shall not be

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1disclosed except as allowed under Section 6 of the Abused and
2Neglected Long Term Care Facility Residents Reporting Act. Raw
3data used to compile the investigative report shall not be
4subject to release unless required by law or a court order.
5"Raw data used to compile the investigative report" includes,
6but is not limited to, any one or more of the following: the
7initial complaint, witness statements, photographs,
8investigator's notes, police reports, or incident reports. If
9the allegations are substantiated, the victim, the victim's
10guardian, and the accused shall be provided with a redacted
11copy of the investigative report. Death reports where there
12was no allegation of abuse or neglect shall only be released
13pursuant to applicable State or federal law or a valid court
14order. Unredacted investigative reports, as well as raw data,
15may be shared with a local law enforcement entity, a State's
16Attorney's office, or a county coroner's office upon written
17request.
18 (n) Written responses, clarification requests, and
19reconsideration requests.
20 (1) Written responses. Within 30 calendar days from
21 receipt of a substantiated investigative report or an
22 investigative report which contains recommendations,
23 absent a reconsideration request, the facility or agency
24 shall file a written response that addresses, in a concise
25 and reasoned manner, the actions taken to: (i) protect the
26 individual; (ii) prevent recurrences; and (iii) eliminate

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1 the problems identified. The response shall include the
2 implementation and completion dates of such actions. If
3 the written response is not filed within the allotted 30
4 calendar day period, the Secretary shall determine the
5 appropriate corrective action to be taken.
6 (2) Requests for clarification. The facility, agency,
7 victim or guardian, or the subject employee may request
8 that the Office of Inspector General clarify the finding
9 or findings for which clarification is sought.
10 (3) Requests for reconsideration. The facility,
11 agency, victim or guardian, or the subject employee may
12 request that the Office of the Inspector General
13 reconsider the finding or findings or the recommendations.
14 A request for reconsideration shall be subject to a
15 multi-layer review and shall include at least one reviewer
16 who did not participate in the investigation or approval
17 of the original investigative report. After the
18 multi-layer review process has been completed, the
19 Inspector General shall make the final determination on
20 the reconsideration request. The investigation shall be
21 reopened if the reconsideration determination finds that
22 additional information is needed to complete the
23 investigative record.
24 (o) Disclosure of the finding by the Inspector General.
25The Inspector General shall disclose the finding of an
26investigation to the following persons: (i) the Governor, (ii)

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1the Secretary, (iii) the director of the facility or agency,
2(iv) the alleged victims and their guardians, (v) the
3complainant, and (vi) the accused. This information shall
4include whether the allegations were deemed substantiated,
5unsubstantiated, or unfounded.
6 (p) Secretary review. Upon review of the Inspector
7General's investigative report and any agency's or facility's
8written response, the Secretary shall accept or reject the
9written response and notify the Inspector General of that
10determination. The Secretary may further direct that other
11administrative action be taken, including, but not limited to,
12any one or more of the following: (i) additional site visits,
13(ii) training, (iii) provision of technical assistance
14relative to administrative needs, licensure, or certification,
15or (iv) the imposition of appropriate sanctions.
16 (q) Action by facility or agency. Within 30 days of the
17date the Secretary approves the written response or directs
18that further administrative action be taken, the facility or
19agency shall provide an implementation report to the Inspector
20General that provides the status of the action taken. The
21facility or agency shall be allowed an additional 30 days to
22send notice of completion of the action or to send an updated
23implementation report. If the action has not been completed
24within the additional 30-day period, the facility or agency
25shall send updated implementation reports every 60 days until
26completion. The Inspector General shall conduct a review of

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1any implementation plan that takes more than 120 days after
2approval to complete, and shall monitor compliance through a
3random review of approved written responses, which may
4include, but are not limited to: (i) site visits, (ii)
5telephone contact, and (iii) requests for additional
6documentation evidencing compliance.
7 (r) Sanctions. Sanctions, if imposed by the Secretary
8under Subdivision (p)(iv) of this Section, shall be designed
9to prevent further acts of mental abuse, physical abuse,
10sexual abuse, neglect, egregious neglect, or financial
11exploitation or some combination of one or more of those acts
12at a facility or agency, and may include any one or more of the
13following:
14 (1) Appointment of on-site monitors.
15 (2) Transfer or relocation of an individual or
16 individuals.
17 (3) Closure of units.
18 (4) Termination of any one or more of the following:
19 (i) Department licensing, (ii) funding, or (iii)
20 certification.
21 The Inspector General may seek the assistance of the
22Illinois Attorney General or the office of any State's
23Attorney in implementing sanctions.
24 (s) Health Care Worker Registry.
25 (1) Reporting to the Registry. The Inspector General
26 shall report to the Department of Public Health's Health

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1 Care Worker Registry, a public registry, the identity and
2 finding of each employee of a facility or agency against
3 whom there is a final investigative report containing a
4 substantiated allegation of physical or sexual abuse,
5 financial exploitation, or egregious neglect of an
6 individual.
7 (2) Notice to employee. Prior to reporting the name of
8 an employee, the employee shall be notified of the
9 Department's obligation to report and shall be granted an
10 opportunity to request an administrative hearing, the sole
11 purpose of which is to determine if the substantiated
12 finding warrants reporting to the Registry. Notice to the
13 employee shall contain a clear and concise statement of
14 the grounds on which the report to the Registry is based,
15 offer the employee an opportunity for a hearing, and
16 identify the process for requesting such a hearing. Notice
17 is sufficient if provided by certified mail to the
18 employee's last known address. If the employee fails to
19 request a hearing within 30 days from the date of the
20 notice, the Inspector General shall report the name of the
21 employee to the Registry. Nothing in this subdivision
22 (s)(2) shall diminish or impair the rights of a person who
23 is a member of a collective bargaining unit under the
24 Illinois Public Labor Relations Act or under any other
25 federal labor statute.
26 (3) Registry hearings. If the employee requests an

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1 administrative hearing, the employee shall be granted an
2 opportunity to appear before an administrative law judge
3 to present reasons why the employee's name should not be
4 reported to the Registry. The Department shall bear the
5 burden of presenting evidence that establishes, by a
6 preponderance of the evidence, that the substantiated
7 finding warrants reporting to the Registry. After
8 considering all the evidence presented, the administrative
9 law judge shall make a recommendation to the Secretary as
10 to whether the substantiated finding warrants reporting
11 the name of the employee to the Registry. The Secretary
12 shall render the final decision. The Department and the
13 employee shall have the right to request that the
14 administrative law judge consider a stipulated disposition
15 of these proceedings.
16 (4) Testimony at Registry hearings. A person who makes
17 a report or who investigates a report under this Act shall
18 testify fully in any judicial proceeding resulting from
19 such a report, as to any evidence of abuse or neglect, or
20 the cause thereof. No evidence shall be excluded by reason
21 of any common law or statutory privilege relating to
22 communications between the alleged perpetrator of abuse or
23 neglect, or the individual alleged as the victim in the
24 report, and the person making or investigating the report.
25 Testimony at hearings is exempt from the confidentiality
26 requirements of subsection (f) of Section 10 of the Mental

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1 Health and Developmental Disabilities Confidentiality Act.
2 (5) Employee's rights to collateral action. No
3 reporting to the Registry shall occur and no hearing shall
4 be set or proceed if an employee notifies the Inspector
5 General in writing, including any supporting
6 documentation, that he or she is formally contesting an
7 adverse employment action resulting from a substantiated
8 finding by complaint filed with the Illinois Civil Service
9 Commission, or which otherwise seeks to enforce the
10 employee's rights pursuant to any applicable collective
11 bargaining agreement. If an action taken by an employer
12 against an employee as a result of a finding of physical
13 abuse, sexual abuse, or egregious neglect is overturned
14 through an action filed with the Illinois Civil Service
15 Commission or under any applicable collective bargaining
16 agreement and if that employee's name has already been
17 sent to the Registry, the employee's name shall be removed
18 from the Registry.
19 (6) Removal from Registry. At any time after the
20 report to the Registry, but no more than once in any
21 12-month period, an employee may petition the Department
22 in writing to remove his or her name from the Registry.
23 Upon receiving notice of such request, the Inspector
24 General shall conduct an investigation into the petition.
25 Upon receipt of such request, an administrative hearing
26 will be set by the Department. At the hearing, the

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1 employee shall bear the burden of presenting evidence that
2 establishes, by a preponderance of the evidence, that
3 removal of the name from the Registry is in the public
4 interest. The parties may jointly request that the
5 administrative law judge consider a stipulated disposition
6 of these proceedings.
7 (t) Review of Administrative Decisions. The Department
8shall preserve a record of all proceedings at any formal
9hearing conducted by the Department involving Health Care
10Worker Registry hearings. Final administrative decisions of
11the Department are subject to judicial review pursuant to
12provisions of the Administrative Review Law.
13 (u) Quality Care Board. There is created, within the
14Office of the Inspector General, a Quality Care Board to be
15composed of 7 members appointed by the Governor with the
16advice and consent of the Senate. One of the members shall be
17designated as chairman by the Governor. Of the initial
18appointments made by the Governor, 4 Board members shall each
19be appointed for a term of 4 years and 3 members shall each be
20appointed for a term of 2 years. Upon the expiration of each
21member's term, a successor shall be appointed for a term of 4
22years. In the case of a vacancy in the office of any member,
23the Governor shall appoint a successor for the remainder of
24the unexpired term.
25 Members appointed by the Governor shall be qualified by
26professional knowledge or experience in the area of law,

HB5186 Enrolled- 24 -LRB102 24774 RJF 34017 b
1investigatory techniques, or in the area of care of the
2mentally ill or care of persons with developmental
3disabilities. Two members appointed by the Governor shall be
4persons with a disability or parents of persons with a
5disability. Members shall serve without compensation, but
6shall be reimbursed for expenses incurred in connection with
7the performance of their duties as members.
8 The Board shall meet quarterly, and may hold other
9meetings on the call of the chairman. Four members shall
10constitute a quorum allowing the Board to conduct its
11business. The Board may adopt rules and regulations it deems
12necessary to govern its own procedures.
13 The Board shall monitor and oversee the operations,
14policies, and procedures of the Inspector General to ensure
15the prompt and thorough investigation of allegations of
16neglect and abuse. In fulfilling these responsibilities, the
17Board may do the following:
18 (1) Provide independent, expert consultation to the
19 Inspector General on policies and protocols for
20 investigations of alleged abuse, neglect, or both abuse
21 and neglect.
22 (2) Review existing regulations relating to the
23 operation of facilities.
24 (3) Advise the Inspector General as to the content of
25 training activities authorized under this Section.
26 (4) Recommend policies concerning methods for

HB5186 Enrolled- 25 -LRB102 24774 RJF 34017 b
1 improving the intergovernmental relationships between the
2 Office of the Inspector General and other State or federal
3 offices.
4 (v) Annual report. The Inspector General shall provide to
5the General Assembly and the Governor, no later than January 1
6of each year, a summary of reports and investigations made
7under this Act for the prior fiscal year with respect to
8individuals receiving mental health or developmental
9disabilities services. The report shall detail the imposition
10of sanctions, if any, and the final disposition of any
11corrective or administrative action directed by the Secretary.
12The summaries shall not contain any confidential or
13identifying information of any individual, but shall include
14objective data identifying any trends in the number of
15reported allegations, the timeliness of the Office of the
16Inspector General's investigations, and their disposition, for
17each facility and Department-wide, for the most recent 3-year
18time period. The report shall also identify, by facility, the
19staff-to-patient ratios taking account of direct care staff
20only. The report shall also include detailed recommended
21administrative actions and matters for consideration by the
22General Assembly.
23 (w) Program audit. The Auditor General shall conduct a
24program audit of the Office of the Inspector General on an
25as-needed basis, as determined by the Auditor General. The
26audit shall specifically include the Inspector General's

HB5186 Enrolled- 26 -LRB102 24774 RJF 34017 b
1compliance with the Act and effectiveness in investigating
2reports of allegations occurring in any facility or agency.
3The Auditor General shall conduct the program audit according
4to the provisions of the Illinois State Auditing Act and shall
5report its findings to the General Assembly no later than
6January 1 following the audit period.
7 (x) Nothing in this Section shall be construed to mean
8that an individual is a victim of abuse or neglect because of
9health care services appropriately provided or not provided by
10health care professionals.
11 (y) Nothing in this Section shall require a facility,
12including its employees, agents, medical staff members, and
13health care professionals, to provide a service to an
14individual in contravention of that individual's stated or
15implied objection to the provision of that service on the
16ground that that service conflicts with the individual's
17religious beliefs or practices, nor shall the failure to
18provide a service to an individual be considered abuse under
19this Section if the individual has objected to the provision
20of that service based on his or her religious beliefs or
21practices.
22(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
23 (20 ILCS 2712/Act rep.)
24 Section 5-15. The Broadband Access on Passenger Rail Law
25is repealed.

HB5186 Enrolled- 27 -LRB102 24774 RJF 34017 b
1 (20 ILCS 3930/7.6 rep.)
2 Section 5-20. The Illinois Criminal Justice Information
3Act is amended by repealing Section 7.6.
4 Section 5-25. The Illinois Future of Work Act is amended
5by changing Section 20 as follows:
6 (20 ILCS 4103/20)
7 (Section scheduled to be repealed on January 1, 2024)
8 Sec. 20. Report; dissolution.
9 (a) The Illinois Future of Work Task Force shall issue a
10report based upon its findings in the course of performing its
11duties and responsibilities specified under Section 10. The
12report shall be written by an independent authority with
13subject matter expertise on the future of work.
14 (b) The Illinois Future of Work Task Force shall submit
15its final report to the Governor and the General Assembly no
16later than June May 1, 2022, and is dissolved upon the filing
17of its report.
18(Source: P.A. 102-407, eff. 8-19-21.)
19 (20 ILCS 5035/Act rep.)
20 Section 5-30. The Illinois Human Services Commission Act
21is repealed.

HB5186 Enrolled- 28 -LRB102 24774 RJF 34017 b
1 (205 ILCS 405/3.2 rep.)
2 Section 5-35. The Currency Exchange Act is amended by
3repealing Section 3.2.
4 Section 5-40. The Grain Code is amended by changing
5Section 30-25 as follows:
6 (240 ILCS 40/30-25)
7 Sec. 30-25. Grain Insurance Reserve Fund. Upon payment in
8full of all money that has been transferred to the Fund prior
9to June 30, 2003 from the General Revenue Fund as provided for
10under subsection (h) of Section 25-20, the State of Illinois
11shall, subject to appropriation, remit $2,000,000 to the
12Corporation to be held in a separate and discrete account to be
13used to the extent the assets in the Fund are insufficient to
14satisfy claimants as payment of their claims become due as set
15forth in subsection (h) of Section 25-20. The remittance of
16the $2,000,000 reserve shall be made to the Corporation within
1760 days of payment in full of all money transferred to the Fund
18as set forth above in this Section 30-25. All income received
19by the Reserve Fund shall be deposited in the Fund within 35
20days of the end of each calendar quarter.
21(Source: P.A. 93-225, eff. 7-21-03.)
22 Section 5-45. The Community Services Act is amended by
23changing Section 4 as follows:

HB5186 Enrolled- 29 -LRB102 24774 RJF 34017 b
1 (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
2 Sec. 4. Financing for community services.
3 (a) The Department of Human Services is authorized to
4provide financial reimbursement to eligible private service
5providers, corporations, local government entities or
6voluntary associations for the provision of services to
7persons with mental illness, persons with a developmental
8disability, and persons with substance use disorders who are
9living in the community for the purpose of achieving the goals
10of this Act.
11 The Department shall utilize the following funding
12mechanisms for community services:
13 (1) Purchase of Care Contracts: services purchased on
14 a predetermined fee per unit of service basis from private
15 providers or governmental entities. Fee per service rates
16 are set by an established formula which covers some
17 portion of personnel, supplies, and other allowable costs,
18 and which makes some allowance for geographic variations
19 in costs as well as for additional program components.
20 (2) Grants: sums of money which the Department grants
21 to private providers or governmental entities pursuant to
22 the grant recipient's agreement to provide certain
23 services, as defined by departmental grant guidelines, to
24 an approximate number of service recipients. Grant levels
25 are set through consideration of personnel, supply and

HB5186 Enrolled- 30 -LRB102 24774 RJF 34017 b
1 other allowable costs, as well as other funds available to
2 the program.
3 (3) Other Funding Arrangements: funding mechanisms may
4 be established on a pilot basis in order to examine the
5 feasibility of alternative financing arrangements for the
6 provision of community services.
7 The Department shall establish and maintain an equitable
8system of payment which allows providers to improve persons
9with disabilities' capabilities for independence and reduces
10their reliance on State-operated services.
11 For services classified as entitlement services under
12federal law or guidelines, caps may not be placed on the total
13amount of payment a provider may receive in a fiscal year and
14the Department shall not require that a portion of the
15payments due be made in a subsequent fiscal year based on a
16yearly payment cap.
17 (b) (Blank). The Governor shall create a commission by
18September 1, 2009, or as soon thereafter as possible, to
19review funding methodologies, identify gaps in funding,
20identify revenue, and prioritize use of that revenue for
21community developmental disability services, mental health
22services, alcohol and substance abuse services, rehabilitation
23services, and early intervention services. The Office of the
24Governor shall provide staff support for the commission.
25 (c) (Blank). The first meeting of the commission shall be
26held within the first month after the creation and appointment

HB5186 Enrolled- 31 -LRB102 24774 RJF 34017 b
1of the commission, and a final report summarizing the
2commission's recommendations must be issued within 12 months
3after the first meeting, and no later than September 1, 2010,
4to the Governor and the General Assembly.
5 (d) (Blank). The commission shall have the following 13
6voting members:
7 (A) one member of the House of Representatives,
8 appointed by the Speaker of the House of Representatives;
9 (B) one member of the House of Representatives,
10 appointed by the House Minority Leader;
11 (C) one member of the Senate, appointed by the
12 President of the Senate;
13 (D) one member of the Senate, appointed by the Senate
14 Minority Leader;
15 (E) one person with a developmental disability, or a
16 family member or guardian of such a person, appointed by
17 the Governor;
18 (F) one person with a mental illness, or a family
19 member or guardian of such a person, appointed by the
20 Governor;
21 (G) two persons from unions that represent employees
22 of community providers that serve people with
23 developmental disabilities, mental illness, and alcohol
24 and substance abuse disorders, appointed by the Governor;
25 and
26 (H) five persons from statewide associations that

HB5186 Enrolled- 32 -LRB102 24774 RJF 34017 b
1 represent community providers that provide residential,
2 day training, and other developmental disability services,
3 mental health services, alcohol and substance abuse
4 services, rehabilitation services, or early intervention
5 services, or any combination of those, appointed by the
6 Governor.
7 The commission shall also have the following ex-officio,
8nonvoting members:
9 (I) the Director of the Governor's Office of
10 Management and Budget or his or her designee;
11 (J) the Chief Financial Officer of the Department of
12 Human Services or his or her designee;
13 (K) the Administrator of the Department of Healthcare
14 and Family Services Division of Finance or his or her
15 designee;
16 (L) the Director of the Department of Human Services
17 Division of Developmental Disabilities or his or her
18 designee;
19 (M) the Director of the Department of Human Services
20 Division of Mental Health or his or her designee; and
21 (N) the Director of the Department of Human Services
22 Division of Alcoholism and Substance Abuse or his or her
23 designee.
24 (e) The funding methodologies must reflect economic
25factors inherent in providing services and supports, recognize
26individual disability needs, and consider geographic

HB5186 Enrolled- 33 -LRB102 24774 RJF 34017 b
1differences, transportation costs, required staffing ratios,
2and mandates not currently funded.
3 (f) In accepting Department funds, providers shall
4recognize their responsibility to be accountable to the
5Department and the State for the delivery of services which
6are consistent with the philosophies and goals of this Act and
7the rules and regulations promulgated under it.
8(Source: P.A. 100-759, eff. 1-1-19.)
9
ARTICLE 10. DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
10 Section 10-5. The Department of Commerce and Economic
11Opportunity Law of the Civil Administrative Code of Illinois
12is amended by changing Sections 605-300, 605-615, and 605-680
13as follows:
14 (20 ILCS 605/605-300) (was 20 ILCS 605/46.2)
15 Sec. 605-300. Economic and business development plans;
16Illinois Business Development Council. (a) Economic
17development plans. The Department shall develop a strategic
18economic development plan for the State by July 1, 2014. By no
19later than July 1, 2015, and by July 1 annually thereafter, the
20Department shall make modifications to the plan as
21modifications are warranted by changes in economic conditions
22or by other factors, including changes in policy. In addition
23to the annual modification, the plan shall be reviewed and

HB5186 Enrolled- 34 -LRB102 24774 RJF 34017 b
1redeveloped in full every 5 years. In the development of the
2annual economic development plan, the Department shall consult
3with representatives of the private sector, other State
4agencies, academic institutions, local economic development
5organizations, local governments, and not-for-profit
6organizations. The annual economic development plan shall set
7specific, measurable, attainable, relevant, and time-sensitive
8goals and shall include a focus on areas of high unemployment
9or poverty.
10 The term "economic development" shall be construed broadly
11by the Department and may include, but is not limited to, job
12creation, job retention, tax base enhancements, development of
13human capital, workforce productivity, critical
14infrastructure, regional competitiveness, social inclusion,
15standard of living, environmental sustainability, energy
16independence, quality of life, the effective use of financial
17incentives, the utilization of public private partnerships
18where appropriate, and other metrics determined by the
19Department.
20 The plan shall be based on relevant economic data, focus
21on economic development as prescribed by this Section, and
22emphasize strategies to retain and create jobs.
23 The plan shall identify and develop specific strategies
24for utilizing the assets of regions within the State defined
25as counties and municipalities or other political subdivisions
26in close geographical proximity that share common economic

HB5186 Enrolled- 35 -LRB102 24774 RJF 34017 b
1traits such as commuting zones, labor market areas, or other
2economically integrated characteristics.
3 If the plan includes strategies that have a fiscal impact
4on the Department or any other agency, the plan shall include a
5detailed description of the estimated fiscal impact of such
6strategies.
7 Prior to publishing the plan in its final form, the
8Department shall allow for a reasonable time for public input.
9 The Department shall transmit copies of the economic
10development plan to the Governor and the General Assembly no
11later than July 1, 2014, and by July 1 annually thereafter. The
12plan and its corresponding modifications shall be published
13and made available to the public in both paper and electronic
14media, on the Department's website, and by any other method
15that the Department deems appropriate.
16 The Department shall annually submit legislation to
17implement the strategic economic development plan or
18modifications to the strategic economic development plan to
19the Governor, the President and Minority Leader of the Senate,
20and the Speaker and the Minority Leader of the House of
21Representatives. The legislation shall be in the form of one
22or more substantive bills drafted by the Legislative Reference
23Bureau.
24 (b) Business development plans; Illinois Business
25Development Council.
26 (1) There is created the Illinois Business Development

HB5186 Enrolled- 36 -LRB102 24774 RJF 34017 b
1 Council, hereinafter referred to as the Council. The
2 Council shall consist of the Director, who shall serve as
3 co-chairperson, and 12 voting members who shall be
4 appointed by the Governor with the advice and consent of
5 the Senate.
6 (A) The voting members of the Council shall
7 include one representative from each of the following
8 businesses and groups: small business, coal,
9 healthcare, large manufacturing, small or specialized
10 manufacturing, agriculture, high technology or applied
11 science, local economic development entities, private
12 sector organized labor, a local or state business
13 association or chamber of commerce.
14 (B) There shall be 2 at-large voting members who
15 reside within areas of high unemployment within
16 counties or municipalities that have had an annual
17 average unemployment rate of at least 120% of the
18 State's annual average unemployment rate as reported
19 by the Department of Employment Security for the 5
20 years preceding the date of appointment.
21 (2) All appointments shall be made in a geographically
22 diverse manner.
23 (3) For the initial appointments to the Council, 6
24 voting members shall be appointed to serve a 2-year term
25 and 6 voting members shall be appointed to serve a 4-year
26 term. Thereafter, all appointments shall be for terms of 4

HB5186 Enrolled- 37 -LRB102 24774 RJF 34017 b
1 years. The initial term of voting members shall commence
2 on the first Wednesday in February 2014. Thereafter, the
3 terms of voting members shall commence on the first
4 Wednesday in February, except in the case of an
5 appointment to fill a vacancy. Vacancies occurring among
6 the members shall be filled in the same manner as the
7 original appointment for the remainder of the unexpired
8 term. For a vacancy occurring when the Senate is not in
9 session, the Governor may make a temporary appointment
10 until the next meeting of the Senate when a person shall be
11 nominated to fill the office, and, upon confirmation by
12 the Senate, he or she shall hold office during the
13 remainder of the term. A vacancy in membership does not
14 impair the ability of a quorum to exercise all rights and
15 perform all duties of the Council. A member is eligible
16 for reappointment.
17 (4) Members shall serve without compensation, but may
18 be reimbursed for necessary expenses incurred in the
19 performance of their duties from funds appropriated for
20 that purpose.
21 (5) In addition, the following shall serve as ex
22 officio, non-voting members of the Council in order to
23 provide specialized advice and support to the Council: the
24 Secretary of Transportation, or his or her designee; the
25 Director of Employment Security, or his or her designee;
26 the Executive Director of the Illinois Finance Authority,

HB5186 Enrolled- 38 -LRB102 24774 RJF 34017 b
1 or his or her designee; the Director of Agriculture, or
2 his or her designee; the Director of Revenue, or his or her
3 designee; the Director of Labor, or his or her designee;
4 and the Director of the Environmental Protection Agency,
5 or his or her designee. Ex officio members shall provide
6 staff and technical assistance to the Council when
7 appropriate.
8 (6) In addition to the Director, the voting members
9 shall elect a co-chairperson.
10 (7) The Council shall meet at least twice annually and
11 at such other times as the co-chairpersons or any 5 voting
12 members consider necessary. Seven voting members shall
13 constitute a quorum of the Council.
14 (8) The Department shall provide staff assistance to
15 the Council.
16 (9) The Council shall provide the Department relevant
17 information in a timely manner pursuant to its duties as
18 enumerated in this Section that can be used by the
19 Department to enhance the State's strategic economic
20 development plan.
21 (10) The Council shall:
22 (A) Develop an overall strategic business
23 development plan for the State of Illinois and update
24 the plan at least annually; that plan shall include,
25 without limitation, (i) an assessment of the economic
26 development practices of states that border Illinois

HB5186 Enrolled- 39 -LRB102 24774 RJF 34017 b
1 and (ii) recommendations for best practices with
2 respect to economic development, business incentives,
3 business attraction, and business retention for
4 counties in Illinois that border at least one other
5 state.
6 (B) Develop business marketing plans for the State
7 of Illinois to effectively solicit new company
8 investment and existing business expansion. Insofar as
9 allowed under the Illinois Procurement Code, and
10 subject to appropriations made by the General Assembly
11 for such purposes, the Council may assist the
12 Department in the procurement of outside vendors to
13 carry out such marketing plans.
14 (C) Seek input from local economic development
15 officials to develop specific strategies to
16 effectively link State and local business development
17 and marketing efforts focusing on areas of high
18 unemployment or poverty.
19 (D) Provide the Department with advice on
20 strategic business development and business marketing
21 for the State of Illinois.
22 (E) Provide the Department research and recommend
23 best practices for developing investment tools for
24 business attraction and retention.
25(Source: P.A. 98-397, eff. 8-16-13; 98-756, eff. 7-16-14;
2698-888, eff. 8-15-14.)

HB5186 Enrolled- 40 -LRB102 24774 RJF 34017 b
1 (20 ILCS 605/605-615) (was 20 ILCS 605/46.19e)
2 Sec. 605-615. Assistance with exports. The Department
3shall have the following duties and responsibilities in regard
4to the Civil Administrative Code of Illinois:
5 (1) To establish or cosponsor mentoring conferences,
6utilizing experienced manufacturing exporters, to explain and
7provide information to prospective export manufacturers and
8businesses concerning the process of exporting to both
9domestic and international opportunities.
10 (2) To provide technical assistance to prospective export
11manufacturers and businesses seeking to establish domestic and
12international export opportunities.
13 (3) To coordinate with the Department's Small Business
14Development Centers to link buyers with prospective export
15manufacturers and businesses.
16 (4) To promote, both domestically and abroad, products
17made in Illinois in order to inform consumers and buyers of
18their high quality standards and craftsmanship.
19 (5) To provide technical assistance toward establishment
20of export trade corporations in the private sector.
21 (6) To develop an electronic database data base to compile
22information on international trade and investment activities
23in Illinois companies, provide access to research and business
24opportunities through external data bases, and connect this
25data base through international communication systems with

HB5186 Enrolled- 41 -LRB102 24774 RJF 34017 b
1appropriate domestic and worldwide networks users.
2 (7) To collect and distribute to foreign commercial
3libraries directories, catalogs, brochures, and other
4information of value to foreign businesses considering doing
5business in this State.
6 (8) To establish an export finance awareness program to
7provide information to banking organizations about methods
8used by banks to provide financing for businesses engaged in
9exporting and about other State and federal programs to
10promote and expedite export financing.
11 (9) To undertake a survey of Illinois' businesses to
12identify exportable products and the businesses interested in
13exporting.
14(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
1592-16, eff. 6-28-01.)
16 (20 ILCS 605/605-680)
17 Sec. 605-680. Illinois goods and services website.
18 (a) The Department, in consultation with the Department of
19Innovation and Technology, must establish and maintain an
20Internet website devoted to the marketing of Illinois goods
21and services by linking potential purchasers with producers of
22goods and services who are located in the State.
23 (b) The Department must, subject to appropriation,
24advertise the website to encourage inclusion of producers on
25the website and to encourage the use of the website by

HB5186 Enrolled- 42 -LRB102 24774 RJF 34017 b
1potential purchasers.
2(Source: P.A. 100-611, eff. 7-20-18.)
3 (20 ILCS 605/605-1040 rep.)
4 Section 10-10. The Department of Commerce and Economic
5Opportunity Law of the Civil Administrative Code of Illinois
6is amended by repealing Section 605-1040.
7 Section 10-15. The Illinois Main Street Act is amended by
8changing Sections 15, 20, 25, and 30 as follows:
9 (20 ILCS 720/15)
10 Sec. 15. Illinois Main Street Program. The Illinois Main
11Street Program is created, subject to appropriation, within
12the Department. In order to implement the Illinois Main Street
13Program, the Department may shall do all of the following:
14 (1) Provide assistance to municipalities designated as
15 Main Street Communities, municipalities interested in
16 becoming designated through the program, and businesses,
17 property owners, organizations, and municipalities
18 undertaking a comprehensive downtown or neighborhood
19 commercial district revitalization initiative and
20 management strategy. Assistance may include, but is not
21 limited to, initial site evaluations and assessments,
22 training for local programs, training for local program
23 staff, site visits and assessments by technical

HB5186 Enrolled- 43 -LRB102 24774 RJF 34017 b
1 specialists, local program design assistance and
2 evaluation, and continued local program on-site
3 assistance.
4 (2) To the extent funds are made available, provide
5 financial assistance to municipalities or local
6 organizations to assist in initial downtown or
7 neighborhood commercial district revitalization program
8 specialized training, specific project feasibility
9 studies, market studies, and design assistance.
10 (3) Operate the Illinois Main Street Program in
11 accordance with the plan developed by the Department.
12 (4) Consider other factors the Department deems
13 necessary for the implementation of this Act.
14(Source: P.A. 97-573, eff. 8-25-11.)
15 (20 ILCS 720/20)
16 Sec. 20. Main Street Community designation.
17 (a) The Department may shall adopt criteria for the
18designation of a Main Street Community. In establishing the
19criteria, the Department shall consider all of the following:
20 (1) The degree of interest and commitment to
21 comprehensive downtown or neighborhood commercial district
22 revitalization and, where applicable, historic
23 preservation by both the public and private sectors.
24 (2) The evidence of potential private sector
25 investment in the downtown or neighborhood commercial

HB5186 Enrolled- 44 -LRB102 24774 RJF 34017 b
1 district.
2 (3) Where applicable, a downtown or neighborhood
3 commercial district with sufficient historic fabric to
4 become a foundation for an enhanced community image.
5 (4) The capacity of the organization to undertake a
6 comprehensive program and the financial commitment to
7 implement a long-term downtown or neighborhood commercial
8 district revitalization program that includes a commitment
9 to employ a professional program manager.
10 (5) The National Main Street Center's criteria for
11 designating official main street municipalities.
12 (6) Other factors the Department deems necessary for
13 the designation of a local program.
14 (b) Illinois Main Street shall designate local downtown or
15neighborhood commercial district revitalization programs and
16official local main street programs.
17 (c) The Department must approve all local downtown or
18neighborhood commercial district revitalization program
19boundaries. The boundaries of a local downtown or neighborhood
20commercial district revitalization program are typically
21defined using the pedestrian core of a traditional commercial
22district.
23(Source: P.A. 97-573, eff. 8-25-11.)
24 (20 ILCS 720/25)
25 Sec. 25. Illinois Main Street Plan. The Department may

HB5186 Enrolled- 45 -LRB102 24774 RJF 34017 b
1shall, in consultation with the Lieutenant Governor, develop a
2plan for the Illinois Main Street Program. The plan shall
3describe:
4 (1) the objectives and strategies of the Illinois Main
5 Street Program;
6 (2) how the Illinois Main Street Program will be
7 coordinated with existing federal, state, local, and
8 private sector business development and historic
9 preservation efforts;
10 (3) the means by which private investment will be
11 solicited and employed;
12 (4) the methods of selecting and providing assistance
13 to participating local programs; and
14 (5) a means to solicit private contributions for State
15 and local operations of the Illinois Main Street Program.
16(Source: P.A. 97-573, eff. 8-25-11.)
17 (20 ILCS 720/30)
18 Sec. 30. Role of the Lieutenant Governor. The Lieutenant
19Governor shall, subject to appropriation, be the Ambassador of
20the Illinois Main Street Program. The Department shall,
21subject to appropriation, advise and consult with the
22Lieutenant Governor on the activities of the Illinois Main
23Street Program. The Lieutenant Governor, with the assistance
24of the Department, shall, subject to appropriation, promote
25and encourage the success of the Illinois Main Street Program.

HB5186 Enrolled- 46 -LRB102 24774 RJF 34017 b
1(Source: P.A. 97-573, eff. 8-25-11.)
2 Section 10-20. The Outdoor Recreation Resources Act is
3amended by changing Sections 2 and 2a as follows:
4 (20 ILCS 860/2) (from Ch. 105, par. 532)
5 Sec. 2. The Department of Natural Resources is authorized
6to have prepared, with the Department of Commerce and Economic
7Opportunity, and to maintain and keep up to date up-to-date a
8comprehensive plan for the development of the outdoor
9recreation resources of the State.
10(Source: P.A. 94-793, eff. 5-19-06.)
11 (20 ILCS 860/2a) (from Ch. 105, par. 532a)
12 Sec. 2a. The Department of Natural Resources is authorized
13to have prepared with the Department of Commerce and Economic
14Opportunity and to maintain and keep up to date a
15comprehensive plan for the preservation of the historically
16significant properties and interests of the State.
17(Source: P.A. 100-695, eff. 8-3-18; 101-81, eff. 7-12-19.)
18 (20 ILCS 3953/15 rep.)
19 (20 ILCS 3953/20 rep.)
20 Section 10-25. The Government Buildings Energy Cost
21Reduction Act of 1991 is amended by repealing Sections 15 and
2220.

HB5186 Enrolled- 47 -LRB102 24774 RJF 34017 b
1 Section 10-30. The Eliminate the Digital Divide Law is
2amended by changing Section 5-30 as follows:
3 (30 ILCS 780/5-30)
4 Sec. 5-30. Community Technology Center Grant Program.
5 (a) Subject to appropriation, the Department shall
6administer the Community Technology Center Grant Program under
7which the Department shall make grants in accordance with this
8Article for planning, establishment, administration, and
9expansion of Community Technology Centers and for assisting
10public hospitals, libraries, and park districts in eliminating
11the digital divide. The purposes of the grants shall include,
12but not be limited to, volunteer recruitment and management,
13training and instruction, infrastructure, and related goods
14and services, including case management, administration,
15personal information management, and outcome-tracking tools
16and software for the purposes of reporting to the Department
17and for enabling participation in digital government and
18consumer services programs, for Community Technology Centers
19and public hospitals, libraries, and park districts. No
20Community Technology Center may receive a grant of more than
21$75,000 under this Section in a particular fiscal year.
22 (b) Public hospitals, libraries, park districts, and State
23educational agencies, local educational agencies, institutions
24of higher education, senior citizen homes, and other public

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1and private nonprofit or for-profit agencies and organizations
2are eligible to receive grants under this Program, provided
3that a local educational agency or public or private
4educational agency or organization must, in order to be
5eligible to receive grants under this Program, provide
6computer access and educational services using information
7technology to the public at one or more of its educational
8buildings or facilities at least 12 hours each week. A group of
9eligible entities is also eligible to receive a grant if the
10group follows the procedures for group applications in 34 CFR
1175.127-129 of the Education Department General Administrative
12Regulations.
13 To be eligible to apply for a grant, a Community
14Technology Center must serve a community in which not less
15than 40% of the students are eligible for a free or reduced
16price lunch under the national school lunch program or in
17which not less than 30% of the students are eligible for a free
18lunch under the national school lunch program; however, if
19funding is insufficient to approve all grant applications for
20a particular fiscal year, the Department may impose a higher
21minimum percentage threshold for that fiscal year.
22Determinations of communities and determinations of the
23percentage of students in a community who are eligible for a
24free or reduced price lunch under the national school lunch
25program shall be in accordance with rules adopted by the
26Department.

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1 Any entities that have received a Community Technology
2Center grant under the federal Community Technology Centers
3Program are also eligible to apply for grants under this
4Program.
5 The Department shall provide assistance to Community
6Technology Centers in making those determinations for purposes
7of applying for grants.
8 The Department shall encourage Community Technology
9Centers to participate in public and private computer hardware
10equipment recycling initiatives that provide computers at
11reduced or no cost to low-income families, including programs
12authorized by the State Property Control Act. On an annual
13basis, the Department must provide the Director of Central
14Management Services with a list of Community Technology
15Centers that have applied to the Department for funding as
16potential recipients of surplus State-owned computer hardware
17equipment under programs authorized by the State Property
18Control Act.
19 (c) Grant applications shall be submitted to the
20Department on a schedule of one or more deadlines established
21by the Department by rule.
22 (d) The Department shall adopt rules setting forth the
23required form and contents of grant applications.
24 (e) (Blank). There is created the Digital Divide
25Elimination Advisory Committee. The advisory committee shall
26consist of 7 members appointed one each by the Governor, the

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1President of the Senate, the Senate Minority Leader, the
2Speaker of the House, and the House Minority Leader, and 2
3appointed by the Director of Commerce and Economic
4Opportunity, one of whom shall be a representative of the
5telecommunications industry and one of whom shall represent
6community technology centers. The members of the advisory
7committee shall receive no compensation for their services as
8members of the advisory committee but may be reimbursed for
9their actual expenses incurred in serving on the advisory
10committee. The Digital Divide Elimination Advisory Committee
11shall advise the Department in establishing criteria and
12priorities for identifying recipients of grants under this
13Act. The advisory committee shall obtain advice from the
14technology industry regarding current technological standards.
15The advisory committee shall seek any available federal
16funding.
17 (f) (Blank). There is created the Digital Divide
18Elimination Working Group. The Working Group shall consist of
19the Director of Commerce and Economic Opportunity, or his or
20her designee, the Director of Central Management Services, or
21his or her designee, and the Executive Director of the
22Illinois Commerce Commission, or his or her designee. The
23Director of Commerce and Economic Opportunity, or his or her
24designee, shall serve as chair of the Working Group. The
25Working Group shall consult with the members of the Digital
26Divide Elimination Advisory Committee and may consult with

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1various groups including, but not limited to,
2telecommunications providers, telecommunications-related
3technology producers and service providers, community
4technology providers, community and consumer organizations,
5businesses and business organizations, and federal government
6agencies.
7 (g) Duties of the Digital Divide Elimination Working Group
8include all of the following:
9 (1) Undertaking a thorough review of grant programs
10 available through the federal government, local agencies,
11 telecommunications providers, and business and charitable
12 entities for the purpose of identifying appropriate
13 sources of revenues for the Digital Divide Elimination
14 Fund and attempting to update available grants on a
15 regular basis.
16 (2) Researching and cataloging programs designed to
17 advance digital literacy and computer access that are
18 available through the federal government, local agencies,
19 telecommunications providers, and business and charitable
20 entities and attempting to update available programs on a
21 regular basis.
22 (3) Presenting the information compiled from items (1)
23 and (2) to the Department of Commerce and Economic
24 Opportunity, which shall serve as a single point of
25 contact for applying for funding for the Digital Divide
26 Elimination Fund and for distributing information to the

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1 public regarding all programs designed to advance digital
2 literacy and computer access.
3(Source: P.A. 94-734, eff. 4-28-06; 95-740, eff. 1-1-09.)
4 Section 10-35. The Illinois Groundwater Protection Act is
5amended by changing Section 4 as follows:
6 (415 ILCS 55/4) (from Ch. 111 1/2, par. 7454)
7 Sec. 4. Interagency Coordinating Committee on Groundwater.
8(a) There shall be established within State government an
9interagency committee which shall be known as the Interagency
10Coordinating Committee on Groundwater. The Committee shall be
11composed of the Director, or his designee, of the following
12agencies:
13 (1) The Illinois Environmental Protection Agency, who
14 shall chair the Committee.
15 (2) The Illinois Department of Natural Resources.
16 (3) The Illinois Department of Public Health.
17 (4) The Office of Mines and Minerals within the
18 Department of Natural Resources.
19 (5) The Office of the State Fire Marshal.
20 (6) The Division of Water Resources of the Department
21 of Natural Resources.
22 (7) The Illinois Department of Agriculture.
23 (8) The Illinois Emergency Management Agency.
24 (9) The Illinois Department of Nuclear Safety.

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1 (10) The Illinois Department of Commerce and Economic
2 Opportunity.
3 (b) The Committee shall meet not less than twice each
4calendar year and shall:
5 (1) Review and coordinate the State's policy on
6 groundwater protection.
7 (2) Review and evaluate State laws, regulations and
8 procedures that relate to groundwater protection.
9 (3) Review and evaluate the status of the State's
10 efforts to improve the quality of the groundwater and of
11 the State enforcement efforts for protection of the
12 groundwater and make recommendations on improving the
13 State efforts to protect the groundwater.
14 (4) Recommend procedures for better coordination among
15 State groundwater programs and with local programs related
16 to groundwater protection.
17 (5) Review and recommend procedures to coordinate the
18 State's response to specific incidents of groundwater
19 pollution and coordinate dissemination of information
20 between agencies responsible for the State's response.
21 (6) Make recommendations for and prioritize the
22 State's groundwater research needs.
23 (7) Review, coordinate and evaluate groundwater data
24 collection and analysis.
25 (8) Beginning on January 1, 1990, report biennially to
26 the Governor and the General Assembly on groundwater

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1 quality, quantity, and the State's enforcement efforts.
2 (c) The Chairman of the Committee shall propose a
3groundwater protection regulatory agenda for consideration by
4the Committee and the Council. The principal purpose of the
5agenda shall be to systematically consider the groundwater
6protection aspects of relevant federal and State regulatory
7programs and to identify any areas where improvements may be
8warranted. To the extent feasible, the agenda may also serve
9to facilitate a more uniform and coordinated approach toward
10protection of groundwaters in Illinois. Upon adoption of the
11final agenda by the Committee, the Chairman of the Committee
12shall assign a lead agency and any support agencies to prepare
13a regulatory assessment report for each item on the agenda.
14Each regulatory assessment report shall specify the nature of
15the groundwater protection provisions being implemented and
16shall evaluate the results achieved therefrom. Special
17attention shall be given to any preventive measures being
18utilized for protection of groundwaters. The reports shall be
19completed in a timely manner. After review and consideration
20by the Committee, the reports shall become the basis for
21recommending further legislative or regulatory action.
22 (d) No later than January 1, 1992, the Interagency
23Coordinating Committee on Groundwater shall provide a
24comprehensive status report to the Governor and the General
25Assembly concerning implementation of this Act.
26 (e) The Committee shall consider findings and

HB5186 Enrolled- 55 -LRB102 24774 RJF 34017 b
1recommendations that are provided by the Council, and respond
2in writing regarding such matters. The Chairman of the
3Committee shall designate a liaison person to serve as a
4facilitator of communications with the Council.
5(Source: P.A. 94-793, eff. 5-19-06.)
6
ARTICLE 15. SCHOOL CODE
7 Section 15-5. The School Code is amended by changing
8Sections 1B-8, 1F-25, 1F-90, 2-3.146, 10-21.9, and 34-18.5 as
9follows:
10 (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
11 Sec. 1B-8. There is created in the State Treasury a
12special fund to be known as the School District Emergency
13Financial Assistance Fund (the "Fund"). The School District
14Emergency Financial Assistance Fund shall consist of
15appropriations, loan repayments, grants from the federal
16government, and donations from any public or private source.
17Moneys in the Fund may be appropriated only to the Illinois
18Finance Authority and the State Board for those purposes
19authorized under this Article and Articles 1F and 1H of this
20Code. The appropriation may be allocated and expended by the
21State Board for contractual services to provide technical
22assistance or consultation to school districts to assess their
23financial condition and to Financial Oversight Panels that

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1petition for emergency financial assistance grants. The
2Illinois Finance Authority may provide loans to school
3districts which are the subject of an approved petition for
4emergency financial assistance under Section 1B-4, 1F-62, or
51H-65 of this Code. Neither the State Board of Education nor
6the Illinois Finance Authority may collect any fees for
7providing these services.
8 From the amount allocated to each such school district
9under this Article the State Board shall identify a sum
10sufficient to cover all approved costs of the Financial
11Oversight Panel established for the respective school
12district. If the State Board and State Superintendent of
13Education have not approved emergency financial assistance in
14conjunction with the appointment of a Financial Oversight
15Panel, the Panel's approved costs shall be paid from
16deductions from the district's general State aid or
17evidence-based funding.
18 The Financial Oversight Panel may prepare and file with
19the State Superintendent a proposal for emergency financial
20assistance for the school district and for its operations
21budget. No expenditures from the Fund shall be authorized by
22the State Superintendent until he or she has approved the
23request of the Panel, either as submitted or in such lesser
24amount determined by the State Superintendent.
25 The maximum amount of an emergency financial assistance
26loan which may be allocated to any school district under this

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1Article, including moneys necessary for the operations of the
2Panel, shall not exceed $4,000 times the number of pupils
3enrolled in the school district during the school year ending
4June 30 prior to the date of approval by the State Board of the
5petition for emergency financial assistance, as certified to
6the local board and the Panel by the State Superintendent. An
7emergency financial assistance grant shall not exceed $1,000
8times the number of such pupils. A district may receive both a
9loan and a grant.
10 The payment of an emergency State financial assistance
11grant or loan shall be subject to appropriation by the General
12Assembly. Payment of the emergency State financial assistance
13loan is subject to the applicable provisions of the Illinois
14Finance Authority Act. Emergency State financial assistance
15allocated and paid to a school district under this Article may
16be applied to any fund or funds from which the local board of
17education of that district is authorized to make expenditures
18by law.
19 Any emergency financial assistance grant proposed by the
20Financial Oversight Panel and approved by the State
21Superintendent may be paid in its entirety during the initial
22year of the Panel's existence or spread in equal or declining
23amounts over a period of years not to exceed the period of the
24Panel's existence. An emergency financial assistance loan
25proposed by the Financial Oversight Panel and approved by the
26Illinois Finance Authority may be paid in its entirety during

HB5186 Enrolled- 58 -LRB102 24774 RJF 34017 b
1the initial year of the Panel's existence or spread in equal or
2declining amounts over a period of years not to exceed the
3period of the Panel's existence. All loans made by the
4Illinois Finance Authority for a school district shall be
5required to be repaid, with simple interest over the term of
6the loan at a rate equal to 50% of the one-year Constant
7Maturity Treasury (CMT) yield as last published by the Board
8of Governors of the Federal Reserve System before the date on
9which the district's loan is approved by the Illinois Finance
10Authority, not later than the date the Financial Oversight
11Panel ceases to exist. The Panel shall establish and the
12Illinois Finance Authority shall approve the terms and
13conditions, including the schedule, of repayments. The
14schedule shall provide for repayments commencing July 1 of
15each year or upon each fiscal year's receipt of moneys from a
16tax levy for emergency financial assistance. Repayment shall
17be incorporated into the annual budget of the school district
18and may be made from any fund or funds of the district in which
19there are moneys available. An emergency financial assistance
20loan to the Panel or district shall not be considered part of
21the calculation of a district's debt for purposes of the
22limitation specified in Section 19-1 of this Code. Default on
23repayment is subject to the Illinois Grant Funds Recovery Act.
24When moneys are repaid as provided herein they shall not be
25made available to the local board for further use as emergency
26financial assistance under this Article at any time

HB5186 Enrolled- 59 -LRB102 24774 RJF 34017 b
1thereafter. All repayments required to be made by a school
2district shall be received by the State Board and deposited in
3the School District Emergency Financial Assistance Fund.
4 In establishing the terms and conditions for the repayment
5obligation of the school district the Panel shall annually
6determine whether a separate local property tax levy is
7required. The board of any school district with a tax rate for
8educational purposes for the prior year of less than 120% of
9the maximum rate for educational purposes authorized by
10Section 17-2 shall provide for a separate tax levy for
11emergency financial assistance repayment purposes. Such tax
12levy shall not be subject to referendum approval. The amount
13of the levy shall be equal to the amount necessary to meet the
14annual repayment obligations of the district as established by
15the Panel, or 20% of the amount levied for educational
16purposes for the prior year, whichever is less. However, no
17district shall be required to levy the tax if the district's
18operating tax rate as determined under Section 18-8, 18-8.05,
19or 18-8.15 exceeds 200% of the district's tax rate for
20educational purposes for the prior year.
21(Source: P.A. 100-465, eff. 8-31-17.)
22 (105 ILCS 5/1F-25)
23(This Section scheduled to be repealed in accordance with 105
24ILCS 5/1F-165)
25 Sec. 1F-25. General powers. The purposes of the Authority

HB5186 Enrolled- 60 -LRB102 24774 RJF 34017 b
1shall be to exercise financial control over the district and
2to furnish financial assistance so that the district can
3provide public education within the district's jurisdiction
4while permitting the district to meet its obligations to its
5creditors and the holders of its debt. Except as expressly
6limited by this Article, the Authority shall have all powers
7granted to a voluntary or involuntary Financial Oversight
8Panel and to a Financial Administrator under Article 1B of
9this Code and all other powers necessary to meet its
10responsibilities and to carry out its purposes and the
11purposes of this Article, including without limitation all of
12the following powers, provided that the Authority shall have
13no power to terminate any employee without following the
14statutory procedures for such terminations set forth in this
15Code:
16 (1) To sue and to be sued.
17 (2) To make, cancel, modify, and execute contracts,
18 leases, subleases, and all other instruments or agreements
19 necessary or convenient for the exercise of the powers and
20 functions granted by this Article, subject to Section
21 1F-45 of this Code. The Authority may at a regular or
22 special meeting find that the district has insufficient or
23 inadequate funds with respect to any contract, other than
24 collective bargaining agreements.
25 (3) To purchase real or personal property necessary or
26 convenient for its purposes; to execute and deliver deeds

HB5186 Enrolled- 61 -LRB102 24774 RJF 34017 b
1 for real property held in its own name; and to sell, lease,
2 or otherwise dispose of such of its property as, in the
3 judgment of the Authority, is no longer necessary for its
4 purposes.
5 (4) To appoint officers, agents, and employees of the
6 Authority, including a chief executive officer, a chief
7 fiscal officer, and a chief educational officer; to define
8 their duties and qualifications; and to fix their
9 compensation and employee benefits.
10 (5) To transfer to the district such sums of money as
11 are not required for other purposes.
12 (6) To borrow money, including without limitation
13 accepting State loans, and to issue obligations pursuant
14 to this Article; to fund, refund, or advance refund the
15 same; to provide for the rights of the holders of its
16 obligations; and to repay any advances.
17 (6.5) To levy all property tax levies that otherwise
18 could be levied by the district, and to make levies
19 pursuant to Section 1F-62 of this Code. This levy or
20 levies shall be exempt from the Truth in Taxation Law and
21 the Cook County Truth in Taxation Law.
22 (7) Subject to the provisions of any contract with or
23 for the benefit of the holders of its obligations, to
24 purchase or redeem its obligations.
25 (8) To procure all necessary goods and services for
26 the Authority in compliance with the purchasing laws and

HB5186 Enrolled- 62 -LRB102 24774 RJF 34017 b
1 requirements applicable to the district.
2 (9) To do any and all things necessary or convenient
3 to carry out its purposes and exercise the powers given to
4 it by this Article.
5 (10) To recommend annexation, consolidation,
6 dissolution, or reorganization of the district, in whole
7 or in part, to the State Board if in the Authority's
8 judgment the circumstances so require. No such proposal
9 for annexation, consolidation, dissolution, or
10 reorganization shall occur unless the Authority and the
11 school boards of all other districts directly affected by
12 the annexation, consolidation, dissolution, or
13 reorganization have each approved by majority vote the
14 annexation, consolidation, dissolution, or
15 reorganization. Notwithstanding any other law to the
16 contrary, upon approval of the proposal by the State
17 Board, the State Board and all other affected entities
18 shall forthwith implement the proposal. When a dissolution
19 and annexation becomes effective for purposes of
20 administration and attendance, the positions of teachers
21 in contractual continued service in the district being
22 dissolved shall be transferred to the annexing district or
23 districts, pursuant to the provisions of Section 24-12 of
24 this Code. In the event that the territory is added to 2 or
25 more districts, the decision on which positions shall be
26 transferred to which annexing districts shall be made by

HB5186 Enrolled- 63 -LRB102 24774 RJF 34017 b
1 giving consideration to the proportionate percentage of
2 pupils transferred and the annexing districts' staffing
3 needs, and the transfer of teachers in contractual
4 continued service into positions shall be based upon the
5 request of those teachers in contractual continued service
6 in order of seniority in the dissolving district. The
7 status of all teachers in contractual continued service
8 transferred to an annexing district shall not be lost, and
9 the board of the annexing district is subject to this Code
10 with respect to teachers in contractual continued service
11 who are transferred in the same manner as if the person
12 were the annexing district's employee and had been its
13 employee during the time the person was actually employed
14 by the board of the dissolving district from which the
15 position was transferred.
16(Source: P.A. 92-855, eff. 12-6-02.)
17 (105 ILCS 5/1F-90)
18(This Section scheduled to be repealed in accordance with 105
19ILCS 5/1F-165)
20 Sec. 1F-90. Tax anticipation warrants. An Authority shall
21have the same power to issue tax anticipation warrants as a
22school board under Section 17-16 of this Code. Tax
23anticipation warrants are considered borrowing from sources
24other than the State and are subject to Section 1F-62 of this
25Code.

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1(Source: P.A. 92-855, eff. 12-6-02.)
2 (105 ILCS 5/2-3.146)
3 Sec. 2-3.146. Severely overcrowded schools grant program.
4There is created a grant program, subject to appropriation,
5for severely overcrowded schools. The State Board of Education
6shall administer the program. Grant funds may be used for
7purposes of relieving overcrowding. In order for a school
8district to be eligible for a grant under this Section, (i) the
9main administrative office of the district must be located in
10a city of 85,000 or more in population, according to the 2000
11U.S. Census, and (ii) the school district must have a
12district-wide percentage of low-income students of 70% or
13more, as identified by the 2005-2006 School Report Cards
14published by the State Board of Education, and (iii) the
15school district must not be eligible for a fast growth grant
16under Section 18-8.10 of this Code. The State Board of
17Education shall distribute the funds on a proportional basis
18with no single district receiving more than 75% of the funds in
19any given year. The State Board of Education may adopt rules as
20needed for the implementation and distribution of grants under
21this Section.
22(Source: P.A. 95-707, eff. 1-11-08.)
23 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
24 Sec. 10-21.9. Criminal history records checks and checks

HB5186 Enrolled- 65 -LRB102 24774 RJF 34017 b
1of the Statewide Sex Offender Database and Statewide Murderer
2and Violent Offender Against Youth Database.
3 (a) Licensed and nonlicensed applicants for employment
4with a school district, except school bus driver applicants,
5are required as a condition of employment to authorize a
6fingerprint-based criminal history records check to determine
7if such applicants have been convicted of any disqualifying,
8enumerated criminal or drug offenses in subsection (c) of this
9Section or have been convicted, within 7 years of the
10application for employment with the school district, of any
11other felony under the laws of this State or of any offense
12committed or attempted in any other state or against the laws
13of the United States that, if committed or attempted in this
14State, would have been punishable as a felony under the laws of
15this State. Authorization for the check shall be furnished by
16the applicant to the school district, except that if the
17applicant is a substitute teacher seeking employment in more
18than one school district, a teacher seeking concurrent
19part-time employment positions with more than one school
20district (as a reading specialist, special education teacher
21or otherwise), or an educational support personnel employee
22seeking employment positions with more than one district, any
23such district may require the applicant to furnish
24authorization for the check to the regional superintendent of
25the educational service region in which are located the school
26districts in which the applicant is seeking employment as a

HB5186 Enrolled- 66 -LRB102 24774 RJF 34017 b
1substitute or concurrent part-time teacher or concurrent
2educational support personnel employee. Upon receipt of this
3authorization, the school district or the appropriate regional
4superintendent, as the case may be, shall submit the
5applicant's name, sex, race, date of birth, social security
6number, fingerprint images, and other identifiers, as
7prescribed by the Illinois State Police, to the Illinois State
8Police. The regional superintendent submitting the requisite
9information to the Illinois State Police shall promptly notify
10the school districts in which the applicant is seeking
11employment as a substitute or concurrent part-time teacher or
12concurrent educational support personnel employee that the
13check of the applicant has been requested. The Illinois State
14Police and the Federal Bureau of Investigation shall furnish,
15pursuant to a fingerprint-based criminal history records
16check, records of convictions, forever and hereinafter, until
17expunged, to the president of the school board for the school
18district that requested the check, or to the regional
19superintendent who requested the check. The Illinois State
20Police shall charge the school district or the appropriate
21regional superintendent a fee for conducting such check, which
22fee shall be deposited in the State Police Services Fund and
23shall not exceed the cost of the inquiry; and the applicant
24shall not be charged a fee for such check by the school
25district or by the regional superintendent, except that those
26applicants seeking employment as a substitute teacher with a

HB5186 Enrolled- 67 -LRB102 24774 RJF 34017 b
1school district may be charged a fee not to exceed the cost of
2the inquiry. Subject to appropriations for these purposes, the
3State Superintendent of Education shall reimburse school
4districts and regional superintendents for fees paid to obtain
5criminal history records checks under this Section.
6 (a-5) The school district or regional superintendent shall
7further perform a check of the Statewide Sex Offender
8Database, as authorized by the Sex Offender Community
9Notification Law, for each applicant. The check of the
10Statewide Sex Offender Database must be conducted by the
11school district or regional superintendent once for every 5
12years that an applicant remains employed by the school
13district.
14 (a-6) The school district or regional superintendent shall
15further perform a check of the Statewide Murderer and Violent
16Offender Against Youth Database, as authorized by the Murderer
17and Violent Offender Against Youth Community Notification Law,
18for each applicant. The check of the Murderer and Violent
19Offender Against Youth Database must be conducted by the
20school district or regional superintendent once for every 5
21years that an applicant remains employed by the school
22district.
23 (b) Any information concerning the record of convictions
24obtained by the president of the school board or the regional
25superintendent shall be confidential and may only be
26transmitted to the superintendent of the school district or

HB5186 Enrolled- 68 -LRB102 24774 RJF 34017 b
1his designee, the appropriate regional superintendent if the
2check was requested by the school district, the presidents of
3the appropriate school boards if the check was requested from
4the Illinois State Police by the regional superintendent, the
5State Board of Education and a school district as authorized
6under subsection (b-5), the State Superintendent of Education,
7the State Educator Preparation and Licensure Board, any other
8person necessary to the decision of hiring the applicant for
9employment, or for clarification purposes the Illinois State
10Police or Statewide Sex Offender Database, or both. A copy of
11the record of convictions obtained from the Illinois State
12Police shall be provided to the applicant for employment. Upon
13the check of the Statewide Sex Offender Database or Statewide
14Murderer and Violent Offender Against Youth Database, the
15school district or regional superintendent shall notify an
16applicant as to whether or not the applicant has been
17identified in the Database. If a check of an applicant for
18employment as a substitute or concurrent part-time teacher or
19concurrent educational support personnel employee in more than
20one school district was requested by the regional
21superintendent, and the Illinois State Police upon a check
22ascertains that the applicant has not been convicted of any of
23the enumerated criminal or drug offenses in subsection (c) of
24this Section or has not been convicted, within 7 years of the
25application for employment with the school district, of any
26other felony under the laws of this State or of any offense

HB5186 Enrolled- 69 -LRB102 24774 RJF 34017 b
1committed or attempted in any other state or against the laws
2of the United States that, if committed or attempted in this
3State, would have been punishable as a felony under the laws of
4this State and so notifies the regional superintendent and if
5the regional superintendent upon a check ascertains that the
6applicant has not been identified in the Sex Offender Database
7or Statewide Murderer and Violent Offender Against Youth
8Database, then the regional superintendent shall issue to the
9applicant a certificate evidencing that as of the date
10specified by the Illinois State Police the applicant has not
11been convicted of any of the enumerated criminal or drug
12offenses in subsection (c) of this Section or has not been
13convicted, within 7 years of the application for employment
14with the school district, of any other felony under the laws of
15this State or of any offense committed or attempted in any
16other state or against the laws of the United States that, if
17committed or attempted in this State, would have been
18punishable as a felony under the laws of this State and
19evidencing that as of the date that the regional
20superintendent conducted a check of the Statewide Sex Offender
21Database or Statewide Murderer and Violent Offender Against
22Youth Database, the applicant has not been identified in the
23Database. The school board of any school district may rely on
24the certificate issued by any regional superintendent to that
25substitute teacher, concurrent part-time teacher, or
26concurrent educational support personnel employee or may

HB5186 Enrolled- 70 -LRB102 24774 RJF 34017 b
1initiate its own criminal history records check of the
2applicant through the Illinois State Police and its own check
3of the Statewide Sex Offender Database or Statewide Murderer
4and Violent Offender Against Youth Database as provided in
5this Section. Any unauthorized release of confidential
6information may be a violation of Section 7 of the Criminal
7Identification Act.
8 (b-5) If a criminal history records check or check of the
9Statewide Sex Offender Database or Statewide Murderer and
10Violent Offender Against Youth Database is performed by a
11regional superintendent for an applicant seeking employment as
12a substitute teacher with a school district, the regional
13superintendent may disclose to the State Board of Education
14whether the applicant has been issued a certificate under
15subsection (b) based on those checks. If the State Board
16receives information on an applicant under this subsection,
17then it must indicate in the Educator Licensure Information
18System for a 90-day period that the applicant has been issued
19or has not been issued a certificate.
20 (c) No school board shall knowingly employ a person who
21has been convicted of any offense that would subject him or her
22to license suspension or revocation pursuant to Section 21B-80
23of this Code, except as provided under subsection (b) of
24Section 21B-80. Further, no school board shall knowingly
25employ a person who has been found to be the perpetrator of
26sexual or physical abuse of any minor under 18 years of age

HB5186 Enrolled- 71 -LRB102 24774 RJF 34017 b
1pursuant to proceedings under Article II of the Juvenile Court
2Act of 1987. As a condition of employment, each school board
3must consider the status of a person who has been issued an
4indicated finding of abuse or neglect of a child by the
5Department of Children and Family Services under the Abused
6and Neglected Child Reporting Act or by a child welfare agency
7of another jurisdiction.
8 (d) No school board shall knowingly employ a person for
9whom a criminal history records check and a Statewide Sex
10Offender Database check have not been initiated.
11 (e) Within 10 days after a superintendent, regional office
12of education, or entity that provides background checks of
13license holders to public schools receives information of a
14pending criminal charge against a license holder for an
15offense set forth in Section 21B-80 of this Code, the
16superintendent, regional office of education, or entity must
17notify the State Superintendent of Education of the pending
18criminal charge.
19 If permissible by federal or State law, no later than 15
20business days after receipt of a record of conviction or of
21checking the Statewide Murderer and Violent Offender Against
22Youth Database or the Statewide Sex Offender Database and
23finding a registration, the superintendent of the employing
24school board or the applicable regional superintendent shall,
25in writing, notify the State Superintendent of Education of
26any license holder who has been convicted of a crime set forth

HB5186 Enrolled- 72 -LRB102 24774 RJF 34017 b
1in Section 21B-80 of this Code. Upon receipt of the record of a
2conviction of or a finding of child abuse by a holder of any
3license issued pursuant to Article 21B or Section 34-8.1 or
434-83 of this the School Code, the State Superintendent of
5Education may initiate licensure suspension and revocation
6proceedings as authorized by law. If the receipt of the record
7of conviction or finding of child abuse is received within 6
8months after the initial grant of or renewal of a license, the
9State Superintendent of Education may rescind the license
10holder's license.
11 (e-5) The superintendent of the employing school board
12shall, in writing, notify the State Superintendent of
13Education and the applicable regional superintendent of
14schools of any license holder whom he or she has reasonable
15cause to believe has committed an intentional act of abuse or
16neglect with the result of making a child an abused child or a
17neglected child, as defined in Section 3 of the Abused and
18Neglected Child Reporting Act, and that act resulted in the
19license holder's dismissal or resignation from the school
20district. This notification must be submitted within 30 days
21after the dismissal or resignation and must include the
22Illinois Educator Identification Number (IEIN) of the license
23holder and a brief description of the misconduct alleged. The
24license holder must also be contemporaneously sent a copy of
25the notice by the superintendent. All correspondence,
26documentation, and other information so received by the

HB5186 Enrolled- 73 -LRB102 24774 RJF 34017 b
1regional superintendent of schools, the State Superintendent
2of Education, the State Board of Education, or the State
3Educator Preparation and Licensure Board under this subsection
4(e-5) is confidential and must not be disclosed to third
5parties, except (i) as necessary for the State Superintendent
6of Education or his or her designee to investigate and
7prosecute pursuant to Article 21B of this Code, (ii) pursuant
8to a court order, (iii) for disclosure to the license holder or
9his or her representative, or (iv) as otherwise provided in
10this Article and provided that any such information admitted
11into evidence in a hearing is exempt from this confidentiality
12and non-disclosure requirement. Except for an act of willful
13or wanton misconduct, any superintendent who provides
14notification as required in this subsection (e-5) shall have
15immunity from any liability, whether civil or criminal or that
16otherwise might result by reason of such action.
17 (f) After January 1, 1990 the provisions of this Section
18shall apply to all employees of persons or firms holding
19contracts with any school district including, but not limited
20to, food service workers, school bus drivers and other
21transportation employees, who have direct, daily contact with
22the pupils of any school in such district. For purposes of
23criminal history records checks and checks of the Statewide
24Sex Offender Database on employees of persons or firms holding
25contracts with more than one school district and assigned to
26more than one school district, the regional superintendent of

HB5186 Enrolled- 74 -LRB102 24774 RJF 34017 b
1the educational service region in which the contracting school
2districts are located may, at the request of any such school
3district, be responsible for receiving the authorization for a
4criminal history records check prepared by each such employee
5and submitting the same to the Illinois State Police and for
6conducting a check of the Statewide Sex Offender Database for
7each employee. Any information concerning the record of
8conviction and identification as a sex offender of any such
9employee obtained by the regional superintendent shall be
10promptly reported to the president of the appropriate school
11board or school boards.
12 (f-5) Upon request of a school or school district, any
13information obtained by a school district pursuant to
14subsection (f) of this Section within the last year must be
15made available to the requesting school or school district.
16 (g) Prior to the commencement of any student teaching
17experience or required internship (which is referred to as
18student teaching in this Section) in the public schools, a
19student teacher is required to authorize a fingerprint-based
20criminal history records check. Authorization for and payment
21of the costs of the check must be furnished by the student
22teacher to the school district where the student teaching is
23to be completed. Upon receipt of this authorization and
24payment, the school district shall submit the student
25teacher's name, sex, race, date of birth, social security
26number, fingerprint images, and other identifiers, as

HB5186 Enrolled- 75 -LRB102 24774 RJF 34017 b
1prescribed by the Illinois State Police, to the Illinois State
2Police. The Illinois State Police and the Federal Bureau of
3Investigation shall furnish, pursuant to a fingerprint-based
4criminal history records check, records of convictions,
5forever and hereinafter, until expunged, to the president of
6the school board for the school district that requested the
7check. The Illinois State Police shall charge the school
8district a fee for conducting the check, which fee must not
9exceed the cost of the inquiry and must be deposited into the
10State Police Services Fund. The school district shall further
11perform a check of the Statewide Sex Offender Database, as
12authorized by the Sex Offender Community Notification Law, and
13of the Statewide Murderer and Violent Offender Against Youth
14Database, as authorized by the Murderer and Violent Offender
15Against Youth Registration Act, for each student teacher. No
16school board may knowingly allow a person to student teach for
17whom a criminal history records check, a Statewide Sex
18Offender Database check, and a Statewide Murderer and Violent
19Offender Against Youth Database check have not been completed
20and reviewed by the district.
21 A copy of the record of convictions obtained from the
22Illinois State Police must be provided to the student teacher.
23Any information concerning the record of convictions obtained
24by the president of the school board is confidential and may
25only be transmitted to the superintendent of the school
26district or his or her designee, the State Superintendent of

HB5186 Enrolled- 76 -LRB102 24774 RJF 34017 b
1Education, the State Educator Preparation and Licensure Board,
2or, for clarification purposes, the Illinois State Police or
3the Statewide Sex Offender Database or Statewide Murderer and
4Violent Offender Against Youth Database. Any unauthorized
5release of confidential information may be a violation of
6Section 7 of the Criminal Identification Act.
7 No school board shall knowingly allow a person to student
8teach who has been convicted of any offense that would subject
9him or her to license suspension or revocation pursuant to
10subsection (c) of Section 21B-80 of this Code, except as
11provided under subsection (b) of Section 21B-80. Further, no
12school board shall allow a person to student teach if he or she
13has been found to be the perpetrator of sexual or physical
14abuse of a minor under 18 years of age pursuant to proceedings
15under Article II of the Juvenile Court Act of 1987. Each school
16board must consider the status of a person to student teach who
17has been issued an indicated finding of abuse or neglect of a
18child by the Department of Children and Family Services under
19the Abused and Neglected Child Reporting Act or by a child
20welfare agency of another jurisdiction.
21 (h) (Blank).
22(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
23101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
241-1-22; revised 10-6-21.)
25 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)

HB5186 Enrolled- 77 -LRB102 24774 RJF 34017 b
1 Sec. 34-18.5. Criminal history records checks and checks
2of the Statewide Sex Offender Database and Statewide Murderer
3and Violent Offender Against Youth Database.
4 (a) Licensed and nonlicensed applicants for employment
5with the school district are required as a condition of
6employment to authorize a fingerprint-based criminal history
7records check to determine if such applicants have been
8convicted of any disqualifying, enumerated criminal or drug
9offense in subsection (c) of this Section or have been
10convicted, within 7 years of the application for employment
11with the school district, of any other felony under the laws of
12this State or of any offense committed or attempted in any
13other state or against the laws of the United States that, if
14committed or attempted in this State, would have been
15punishable as a felony under the laws of this State.
16Authorization for the check shall be furnished by the
17applicant to the school district, except that if the applicant
18is a substitute teacher seeking employment in more than one
19school district, or a teacher seeking concurrent part-time
20employment positions with more than one school district (as a
21reading specialist, special education teacher or otherwise),
22or an educational support personnel employee seeking
23employment positions with more than one district, any such
24district may require the applicant to furnish authorization
25for the check to the regional superintendent of the
26educational service region in which are located the school

HB5186 Enrolled- 78 -LRB102 24774 RJF 34017 b
1districts in which the applicant is seeking employment as a
2substitute or concurrent part-time teacher or concurrent
3educational support personnel employee. Upon receipt of this
4authorization, the school district or the appropriate regional
5superintendent, as the case may be, shall submit the
6applicant's name, sex, race, date of birth, social security
7number, fingerprint images, and other identifiers, as
8prescribed by the Illinois State Police, to the Illinois State
9Police. The regional superintendent submitting the requisite
10information to the Illinois State Police shall promptly notify
11the school districts in which the applicant is seeking
12employment as a substitute or concurrent part-time teacher or
13concurrent educational support personnel employee that the
14check of the applicant has been requested. The Illinois State
15Police and the Federal Bureau of Investigation shall furnish,
16pursuant to a fingerprint-based criminal history records
17check, records of convictions, forever and hereinafter, until
18expunged, to the president of the school board for the school
19district that requested the check, or to the regional
20superintendent who requested the check. The Illinois State
21Police shall charge the school district or the appropriate
22regional superintendent a fee for conducting such check, which
23fee shall be deposited in the State Police Services Fund and
24shall not exceed the cost of the inquiry; and the applicant
25shall not be charged a fee for such check by the school
26district or by the regional superintendent. Subject to

HB5186 Enrolled- 79 -LRB102 24774 RJF 34017 b
1appropriations for these purposes, the State Superintendent of
2Education shall reimburse the school district and regional
3superintendent for fees paid to obtain criminal history
4records checks under this Section.
5 (a-5) The school district or regional superintendent shall
6further perform a check of the Statewide Sex Offender
7Database, as authorized by the Sex Offender Community
8Notification Law, for each applicant. The check of the
9Statewide Sex Offender Database must be conducted by the
10school district or regional superintendent once for every 5
11years that an applicant remains employed by the school
12district.
13 (a-6) The school district or regional superintendent shall
14further perform a check of the Statewide Murderer and Violent
15Offender Against Youth Database, as authorized by the Murderer
16and Violent Offender Against Youth Community Notification Law,
17for each applicant. The check of the Murderer and Violent
18Offender Against Youth Database must be conducted by the
19school district or regional superintendent once for every 5
20years that an applicant remains employed by the school
21district.
22 (b) Any information concerning the record of convictions
23obtained by the president of the board of education or the
24regional superintendent shall be confidential and may only be
25transmitted to the general superintendent of the school
26district or his designee, the appropriate regional

HB5186 Enrolled- 80 -LRB102 24774 RJF 34017 b
1superintendent if the check was requested by the board of
2education for the school district, the presidents of the
3appropriate board of education or school boards if the check
4was requested from the Illinois State Police by the regional
5superintendent, the State Board of Education and the school
6district as authorized under subsection (b-5), the State
7Superintendent of Education, the State Educator Preparation
8and Licensure Board or any other person necessary to the
9decision of hiring the applicant for employment. A copy of the
10record of convictions obtained from the Illinois State Police
11shall be provided to the applicant for employment. Upon the
12check of the Statewide Sex Offender Database or Statewide
13Murderer and Violent Offender Against Youth Database, the
14school district or regional superintendent shall notify an
15applicant as to whether or not the applicant has been
16identified in the Database. If a check of an applicant for
17employment as a substitute or concurrent part-time teacher or
18concurrent educational support personnel employee in more than
19one school district was requested by the regional
20superintendent, and the Illinois State Police upon a check
21ascertains that the applicant has not been convicted of any of
22the enumerated criminal or drug offenses in subsection (c) of
23this Section or has not been convicted, within 7 years of the
24application for employment with the school district, of any
25other felony under the laws of this State or of any offense
26committed or attempted in any other state or against the laws

HB5186 Enrolled- 81 -LRB102 24774 RJF 34017 b
1of the United States that, if committed or attempted in this
2State, would have been punishable as a felony under the laws of
3this State and so notifies the regional superintendent and if
4the regional superintendent upon a check ascertains that the
5applicant has not been identified in the Sex Offender Database
6or Statewide Murderer and Violent Offender Against Youth
7Database, then the regional superintendent shall issue to the
8applicant a certificate evidencing that as of the date
9specified by the Illinois State Police the applicant has not
10been convicted of any of the enumerated criminal or drug
11offenses in subsection (c) of this Section or has not been
12convicted, within 7 years of the application for employment
13with the school district, of any other felony under the laws of
14this State or of any offense committed or attempted in any
15other state or against the laws of the United States that, if
16committed or attempted in this State, would have been
17punishable as a felony under the laws of this State and
18evidencing that as of the date that the regional
19superintendent conducted a check of the Statewide Sex Offender
20Database or Statewide Murderer and Violent Offender Against
21Youth Database, the applicant has not been identified in the
22Database. The school board of any school district may rely on
23the certificate issued by any regional superintendent to that
24substitute teacher, concurrent part-time teacher, or
25concurrent educational support personnel employee or may
26initiate its own criminal history records check of the

HB5186 Enrolled- 82 -LRB102 24774 RJF 34017 b
1applicant through the Illinois State Police and its own check
2of the Statewide Sex Offender Database or Statewide Murderer
3and Violent Offender Against Youth Database as provided in
4this Section. Any unauthorized release of confidential
5information may be a violation of Section 7 of the Criminal
6Identification Act.
7 (b-5) If a criminal history records check or check of the
8Statewide Sex Offender Database or Statewide Murderer and
9Violent Offender Against Youth Database is performed by a
10regional superintendent for an applicant seeking employment as
11a substitute teacher with the school district, the regional
12superintendent may disclose to the State Board of Education
13whether the applicant has been issued a certificate under
14subsection (b) based on those checks. If the State Board
15receives information on an applicant under this subsection,
16then it must indicate in the Educator Licensure Information
17System for a 90-day period that the applicant has been issued
18or has not been issued a certificate.
19 (c) The board of education shall not knowingly employ a
20person who has been convicted of any offense that would
21subject him or her to license suspension or revocation
22pursuant to Section 21B-80 of this Code, except as provided
23under subsection (b) of 21B-80. Further, the board of
24education shall not knowingly employ a person who has been
25found to be the perpetrator of sexual or physical abuse of any
26minor under 18 years of age pursuant to proceedings under

HB5186 Enrolled- 83 -LRB102 24774 RJF 34017 b
1Article II of the Juvenile Court Act of 1987. As a condition of
2employment, the board of education must consider the status of
3a person who has been issued an indicated finding of abuse or
4neglect of a child by the Department of Children and Family
5Services under the Abused and Neglected Child Reporting Act or
6by a child welfare agency of another jurisdiction.
7 (d) The board of education shall not knowingly employ a
8person for whom a criminal history records check and a
9Statewide Sex Offender Database check have not been initiated.
10 (e) Within 10 days after the general superintendent of
11schools, a regional office of education, or an entity that
12provides background checks of license holders to public
13schools receives information of a pending criminal charge
14against a license holder for an offense set forth in Section
1521B-80 of this Code, the superintendent, regional office of
16education, or entity must notify the State Superintendent of
17Education of the pending criminal charge.
18 No later than 15 business days after receipt of a record of
19conviction or of checking the Statewide Murderer and Violent
20Offender Against Youth Database or the Statewide Sex Offender
21Database and finding a registration, the general
22superintendent of schools or the applicable regional
23superintendent shall, in writing, notify the State
24Superintendent of Education of any license holder who has been
25convicted of a crime set forth in Section 21B-80 of this Code.
26Upon receipt of the record of a conviction of or a finding of

HB5186 Enrolled- 84 -LRB102 24774 RJF 34017 b
1child abuse by a holder of any license issued pursuant to
2Article 21B or Section 34-8.1 or 34-83 of this Code, the State
3Superintendent of Education may initiate licensure suspension
4and revocation proceedings as authorized by law. If the
5receipt of the record of conviction or finding of child abuse
6is received within 6 months after the initial grant of or
7renewal of a license, the State Superintendent of Education
8may rescind the license holder's license.
9 (e-5) The general superintendent of schools shall, in
10writing, notify the State Superintendent of Education of any
11license holder whom he or she has reasonable cause to believe
12has committed an intentional act of abuse or neglect with the
13result of making a child an abused child or a neglected child,
14as defined in Section 3 of the Abused and Neglected Child
15Reporting Act, and that act resulted in the license holder's
16dismissal or resignation from the school district and must
17include the Illinois Educator Identification Number (IEIN) of
18the license holder and a brief description of the misconduct
19alleged. This notification must be submitted within 30 days
20after the dismissal or resignation. The license holder must
21also be contemporaneously sent a copy of the notice by the
22superintendent. All correspondence, documentation, and other
23information so received by the State Superintendent of
24Education, the State Board of Education, or the State Educator
25Preparation and Licensure Board under this subsection (e-5) is
26confidential and must not be disclosed to third parties,

HB5186 Enrolled- 85 -LRB102 24774 RJF 34017 b
1except (i) as necessary for the State Superintendent of
2Education or his or her designee to investigate and prosecute
3pursuant to Article 21B of this Code, (ii) pursuant to a court
4order, (iii) for disclosure to the license holder or his or her
5representative, or (iv) as otherwise provided in this Article
6and provided that any such information admitted into evidence
7in a hearing is exempt from this confidentiality and
8non-disclosure requirement. Except for an act of willful or
9wanton misconduct, any superintendent who provides
10notification as required in this subsection (e-5) shall have
11immunity from any liability, whether civil or criminal or that
12otherwise might result by reason of such action.
13 (f) After March 19, 1990, the provisions of this Section
14shall apply to all employees of persons or firms holding
15contracts with any school district including, but not limited
16to, food service workers, school bus drivers and other
17transportation employees, who have direct, daily contact with
18the pupils of any school in such district. For purposes of
19criminal history records checks and checks of the Statewide
20Sex Offender Database on employees of persons or firms holding
21contracts with more than one school district and assigned to
22more than one school district, the regional superintendent of
23the educational service region in which the contracting school
24districts are located may, at the request of any such school
25district, be responsible for receiving the authorization for a
26criminal history records check prepared by each such employee

HB5186 Enrolled- 86 -LRB102 24774 RJF 34017 b
1and submitting the same to the Illinois State Police and for
2conducting a check of the Statewide Sex Offender Database for
3each employee. Any information concerning the record of
4conviction and identification as a sex offender of any such
5employee obtained by the regional superintendent shall be
6promptly reported to the president of the appropriate school
7board or school boards.
8 (f-5) Upon request of a school or school district, any
9information obtained by the school district pursuant to
10subsection (f) of this Section within the last year must be
11made available to the requesting school or school district.
12 (g) Prior to the commencement of any student teaching
13experience or required internship (which is referred to as
14student teaching in this Section) in the public schools, a
15student teacher is required to authorize a fingerprint-based
16criminal history records check. Authorization for and payment
17of the costs of the check must be furnished by the student
18teacher to the school district. Upon receipt of this
19authorization and payment, the school district shall submit
20the student teacher's name, sex, race, date of birth, social
21security number, fingerprint images, and other identifiers, as
22prescribed by the Illinois State Police, to the Illinois State
23Police. The Illinois State Police and the Federal Bureau of
24Investigation shall furnish, pursuant to a fingerprint-based
25criminal history records check, records of convictions,
26forever and hereinafter, until expunged, to the president of

HB5186 Enrolled- 87 -LRB102 24774 RJF 34017 b
1the board. The Illinois State Police shall charge the school
2district a fee for conducting the check, which fee must not
3exceed the cost of the inquiry and must be deposited into the
4State Police Services Fund. The school district shall further
5perform a check of the Statewide Sex Offender Database, as
6authorized by the Sex Offender Community Notification Law, and
7of the Statewide Murderer and Violent Offender Against Youth
8Database, as authorized by the Murderer and Violent Offender
9Against Youth Registration Act, for each student teacher. The
10board may not knowingly allow a person to student teach for
11whom a criminal history records check, a Statewide Sex
12Offender Database check, and a Statewide Murderer and Violent
13Offender Against Youth Database check have not been completed
14and reviewed by the district.
15 A copy of the record of convictions obtained from the
16Illinois State Police must be provided to the student teacher.
17Any information concerning the record of convictions obtained
18by the president of the board is confidential and may only be
19transmitted to the general superintendent of schools or his or
20her designee, the State Superintendent of Education, the State
21Educator Preparation and Licensure Board, or, for
22clarification purposes, the Illinois State Police or the
23Statewide Sex Offender Database or Statewide Murderer and
24Violent Offender Against Youth Database. Any unauthorized
25release of confidential information may be a violation of
26Section 7 of the Criminal Identification Act.

HB5186 Enrolled- 88 -LRB102 24774 RJF 34017 b
1 The board may not knowingly allow a person to student
2teach who has been convicted of any offense that would subject
3him or her to license suspension or revocation pursuant to
4subsection (c) of Section 21B-80 of this Code, except as
5provided under subsection (b) of Section 21B-80. Further, the
6board may not allow a person to student teach if he or she has
7been found to be the perpetrator of sexual or physical abuse of
8a minor under 18 years of age pursuant to proceedings under
9Article II of the Juvenile Court Act of 1987. The board must
10consider the status of a person to student teach who has been
11issued an indicated finding of abuse or neglect of a child by
12the Department of Children and Family Services under the
13Abused and Neglected Child Reporting Act or by a child welfare
14agency of another jurisdiction.
15 (h) (Blank).
16(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
17101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
181-1-22; revised 10-18-21.)
19 (105 ILCS 5/1F-62 rep.)
20 (105 ILCS 5/2-3.33a rep.)
21 (105 ILCS 5/2-3.128 rep.)
22 (105 ILCS 5/18-8.10 rep.)
23 (105 ILCS 5/21-5e rep.)
24 (105 ILCS 5/34-83 rep.)
25 Section 15-10. The School Code is amended by repealing

HB5186 Enrolled- 89 -LRB102 24774 RJF 34017 b
1Sections 1F-62, 2-3.33a, 2-3.128, 18-8.10, 21-5e, and 34-83.
2 Section 15-15. The Illinois Educational Labor Relations
3Act is amended by changing Section 2 as follows:
4 (115 ILCS 5/2) (from Ch. 48, par. 1702)
5 Sec. 2. Definitions. As used in this Act:
6 (a) "Educational employer" or "employer" means the
7governing body of a public school district, including the
8governing body of a charter school established under Article
927A of the School Code or of a contract school or contract
10turnaround school established under paragraph 30 of Section
1134-18 of the School Code, combination of public school
12districts, including the governing body of joint agreements of
13any type formed by 2 or more school districts, public
14community college district or State college or university, a
15subcontractor of instructional services of a school district
16(other than a school district organized under Article 34 of
17the School Code), combination of school districts, charter
18school established under Article 27A of the School Code, or
19contract school or contract turnaround school established
20under paragraph 30 of Section 34-18 of the School Code, an
21Independent Authority created under Section 2-3.25f-5 of the
22School Code, and any State agency whose major function is
23providing educational services. "Educational employer" or
24"employer" does not include (1) a Financial Oversight Panel

HB5186 Enrolled- 90 -LRB102 24774 RJF 34017 b
1created pursuant to Section 1A-8 of the School Code due to a
2district violating a financial plan or (2) an approved
3nonpublic special education facility that contracts with a
4school district or combination of school districts to provide
5special education services pursuant to Section 14-7.02 of the
6School Code, but does include a School Finance Authority
7created under Article 1E or 1F of the School Code and a
8Financial Oversight Panel created under Article 1B or 1H of
9the School Code. The change made by this amendatory Act of the
1096th General Assembly to this paragraph (a) to make clear that
11the governing body of a charter school is an "educational
12employer" is declaratory of existing law.
13 (b) "Educational employee" or "employee" means any
14individual, excluding supervisors, managerial, confidential,
15short term employees, student, and part-time academic
16employees of community colleges employed full or part time by
17an educational employer, but shall not include elected
18officials and appointees of the Governor with the advice and
19consent of the Senate, firefighters as defined by subsection
20(g-1) of Section 3 of the Illinois Public Labor Relations Act,
21and peace officers employed by a State university. For the
22purposes of this Act, part-time academic employees of
23community colleges shall be defined as those employees who
24provide less than 3 credit hours of instruction per academic
25semester. In this subsection (b), the term "student" does not
26include graduate students who are research assistants

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1primarily performing duties that involve research, graduate
2assistants primarily performing duties that are
3pre-professional, graduate students who are teaching
4assistants primarily performing duties that involve the
5delivery and support of instruction, or any other graduate
6assistants.
7 (c) "Employee organization" or "labor organization" means
8an organization of any kind in which membership includes
9educational employees, and which exists for the purpose, in
10whole or in part, of dealing with employers concerning
11grievances, employee-employer disputes, wages, rates of pay,
12hours of employment, or conditions of work, but shall not
13include any organization which practices discrimination in
14membership because of race, color, creed, age, gender,
15national origin or political affiliation.
16 (d) "Exclusive representative" means the labor
17organization which has been designated by the Illinois
18Educational Labor Relations Board as the representative of the
19majority of educational employees in an appropriate unit, or
20recognized by an educational employer prior to January 1, 1984
21as the exclusive representative of the employees in an
22appropriate unit or, after January 1, 1984, recognized by an
23employer upon evidence that the employee organization has been
24designated as the exclusive representative by a majority of
25the employees in an appropriate unit.
26 (e) "Board" means the Illinois Educational Labor Relations

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1Board.
2 (f) "Regional Superintendent" means the regional
3superintendent of schools provided for in Articles 3 and 3A of
4The School Code.
5 (g) "Supervisor" means any individual having authority in
6the interests of the employer to hire, transfer, suspend, lay
7off, recall, promote, discharge, reward or discipline other
8employees within the appropriate bargaining unit and adjust
9their grievances, or to effectively recommend such action if
10the exercise of such authority is not of a merely routine or
11clerical nature but requires the use of independent judgment.
12The term "supervisor" includes only those individuals who
13devote a preponderance of their employment time to such
14exercising authority.
15 (h) "Unfair labor practice" or "unfair practice" means any
16practice prohibited by Section 14 of this Act.
17 (i) "Person" includes an individual, educational employee,
18educational employer, legal representative, or employee
19organization.
20 (j) "Wages" means salaries or other forms of compensation
21for services rendered.
22 (k) "Professional employee" means, in the case of a public
23community college, State college or university, State agency
24whose major function is providing educational services, the
25Illinois School for the Deaf, and the Illinois School for the
26Visually Impaired, (1) any employee engaged in work (i)

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1predominantly intellectual and varied in character as opposed
2to routine mental, manual, mechanical, or physical work; (ii)
3involving the consistent exercise of discretion and judgment
4in its performance; (iii) of such character that the output
5produced or the result accomplished cannot be standardized in
6relation to a given period of time; and (iv) requiring
7knowledge of an advanced type in a field of science or learning
8customarily acquired by a prolonged course of specialized
9intellectual instruction and study in an institution of higher
10learning or a hospital, as distinguished from a general
11academic education or from an apprenticeship or from training
12in the performance of routine mental, manual, or physical
13processes; or (2) any employee, who (i) has completed the
14courses of specialized intellectual instruction and study
15described in clause (iv) of paragraph (1) of this subsection,
16and (ii) is performing related work under the supervision of a
17professional person to qualify himself or herself to become a
18professional as defined in paragraph (l).
19 (l) "Professional employee" means, in the case of any
20public school district, or combination of school districts
21pursuant to joint agreement, any employee who has a
22certificate issued under Article 21 or Section 34-83 of the
23School Code, as now or hereafter amended.
24 (m) "Unit" or "bargaining unit" means any group of
25employees for which an exclusive representative is selected.
26 (n) "Confidential employee" means an employee, who (i) in

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1the regular course of his or her duties, assists and acts in a
2confidential capacity to persons who formulate, determine and
3effectuate management policies with regard to labor relations
4or who (ii) in the regular course of his or her duties has
5access to information relating to the effectuation or review
6of the employer's collective bargaining policies.
7 (o) "Managerial employee" means an individual who is
8engaged predominantly in executive and management functions
9and is charged with the responsibility of directing the
10effectuation of such management policies and practices.
11 (p) "Craft employee" means a skilled journeyman, craft
12person, and his or her apprentice or helper.
13 (q) "Short-term employee" is an employee who is employed
14for less than 2 consecutive calendar quarters during a
15calendar year and who does not have a reasonable expectation
16that he or she will be rehired by the same employer for the
17same service in a subsequent calendar year. Nothing in this
18subsection shall affect the employee status of individuals who
19were covered by a collective bargaining agreement on the
20effective date of this amendatory Act of 1991.
21(Source: P.A. 101-380, eff. 1-1-20.)
22
ARTICLE 20. FINANCE-VARIOUS
23 Section 20-5. The State Employees Group Insurance Act of
241971 is amended by changing Section 11 as follows:

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1 (5 ILCS 375/11) (from Ch. 127, par. 531)
2 Sec. 11. The amount of contribution in any fiscal year
3from funds other than the General Revenue Fund or the Road Fund
4shall be at the same contribution rate as the General Revenue
5Fund or the Road Fund, except that in State Fiscal Year 2009 no
6contributions shall be required from the FY09 Budget Relief
7Fund. Contributions and payments for life insurance shall be
8deposited in the Group Insurance Premium Fund. Contributions
9and payments for health coverages and other benefits shall be
10deposited in the Health Insurance Reserve Fund. Federal funds
11which are available for cooperative extension purposes shall
12also be charged for the contributions which are made for
13retired employees formerly employed in the Cooperative
14Extension Service. In the case of departments or any division
15thereof receiving a fraction of its requirements for
16administration from the Federal Government, the contributions
17hereunder shall be such fraction of the amount determined
18under the provisions hereof and the remainder shall be
19contributed by the State.
20 Every department which has members paid from funds other
21than the General Revenue Fund, or other than the FY09 Budget
22Relief Fund in State Fiscal Year 2009, shall cooperate with
23the Department of Central Management Services and the
24Governor's Office of Management and Budget in order to assure
25that the specified proportion of the State's cost for group

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1life insurance, the program of health benefits and other
2employee benefits is paid by such funds; except that
3contributions under this Act need not be paid from any other
4fund where both the Director of Central Management Services
5and the Director of the Governor's Office of Management and
6Budget have designated in writing that the necessary
7contributions are included in the General Revenue Fund
8contribution amount.
9 Universities having employees who are totally compensated
10out of the following funds:
11 (1) Income Funds;
12 (2) Local auxiliary funds; and
13 (3) the Agricultural Premium Fund
14shall not be required to submit such contribution for such
15employees.
16 For each person covered under this Act whose eligibility
17for such coverage is based upon the person's status as the
18recipient of a benefit under the Illinois Pension Code, which
19benefit is based in whole or in part upon service with the Toll
20Highway Authority, the Authority shall annually contribute a
21pro rata share of the State's cost for the benefits of that
22person.
23(Source: P.A. 94-793, eff. 5-19-06; 95-1000, eff. 10-7-08.)
24 Section 20-10. The Department of Transportation Law of the
25Civil Administrative Code of Illinois is amended by changing

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1Section 2705-255 as follows:
2 (20 ILCS 2705/2705-255) (was 20 ILCS 2705/49.14)
3 Sec. 2705-255. Appropriations from Build Illinois Bond
4Fund and Build Illinois Purposes Fund. Any expenditure of
5funds by the Department for interchanges, for access roads to
6and from any State or local highway in Illinois, or for other
7transportation capital improvements related to an economic
8development project pursuant to appropriations to the
9Department from the Build Illinois Bond Fund and the Build
10Illinois Purposes Fund shall be used for funding improvements
11related to existing or planned scientific, research,
12manufacturing, or industrial development or expansion in
13Illinois. In addition, the Department may use those funds to
14encourage and maximize public and private participation in
15those improvements. The Department shall consult with the
16Department of Commerce and Economic Opportunity prior to
17expending any funds for those purposes pursuant to
18appropriations from the Build Illinois Bond Fund and the Build
19Illinois Purposes Fund.
20(Source: P.A. 94-793, eff. 5-19-06.)
21 Section 20-15. The Illinois Motor Vehicle Theft Prevention
22and Insurance Verification Act is amended by changing Section
238.6 as follows:

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1 (20 ILCS 4005/8.6)
2 Sec. 8.6. State Police Training and Academy Fund; Law
3Enforcement Training Fund. Before April 1 of each year, each
4insurer engaged in writing private passenger motor vehicle
5insurance coverage that is included in Class 2 and Class 3 of
6Section 4 of the Illinois Insurance Code, as a condition of its
7authority to transact business in this State, shall collect
8and remit to the Department of Insurance an amount equal to $4,
9or a lesser amount determined by the Illinois Law Enforcement
10Training Standards Board by rule, multiplied by the insurer's
11total earned car years of private passenger motor vehicle
12insurance policies providing physical damage insurance
13coverage written in this State during the preceding calendar
14year. Of the amounts collected under this Section, the
15Department of Insurance shall deposit 10% into the State
16Police Training and Academy Fund and 90% into the Law
17Enforcement Training Fund.
18(Source: P.A. 102-16, eff. 6-17-21.)
19 Section 20-20. The State Finance Act is amended by
20changing Sections 6z-75, 6z-126, 8.20, 8.25, 8.27, 8.33, and
218f and by adding Sections 5.970, 5.971, 5.972, 5.973, 5.974,
225.975, and 5.976 as follows:
23 (30 ILCS 105/5.970 new)
24 Sec. 5.970. The Aeronautics Fund.

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1 (30 ILCS 105/5.971 new)
2 Sec. 5.971. The Emergency Planning and Training Fund.
3 (30 ILCS 105/5.972 new)
4 Sec. 5.972. The ISAC Accounts Receivable Fund.
5 (30 ILCS 105/5.973 new)
6 Sec. 5.973. The Motor Fuel and Petroleum Standards Fund.
7 (30 ILCS 105/5.974 new)
8 Sec. 5.974. The State Small Business Credit Initiative
9Fund.
10 (30 ILCS 105/5.975 new)
11 Sec. 5.975. The Public Pension Regulation Fund.
12 (30 ILCS 105/5.976 new)
13 Sec. 5.976. The Vehicle Inspection Fund.
14 (30 ILCS 105/6z-75)
15 Sec. 6z-75. The Illinois Power Agency Trust Fund.
16 (a) Creation. The Illinois Power Agency Trust Fund is
17created as a special fund in the State treasury. The State
18Treasurer shall be the custodian of the Fund. Amounts in the
19Fund, both principal and interest not appropriated, shall be

HB5186 Enrolled- 100 -LRB102 24774 RJF 34017 b
1invested as provided by law.
2 (b) Funding and investment.
3 (1) The Illinois Power Agency Trust Fund may accept,
4 receive, and administer any grants, loans, or other funds
5 made available to it by any source. Any such funds
6 received by the Fund shall not be considered income, but
7 shall be added to the principal of the Fund.
8 (2) The investments of the Fund shall be managed by
9 the Illinois State Board of Investment, for the purpose of
10 obtaining a total return on investments for the long term,
11 as provided for under Article 22A of the Illinois Pension
12 Code.
13 (c) Investment proceeds. Subject to the provisions of
14subsection (d) of this Section, the General Assembly may
15annually appropriate from the Illinois Power Agency Trust Fund
16to the Illinois Power Agency Operations Fund an amount
17calculated not to exceed 90% of the prior fiscal year's annual
18investment income earned by the Fund to the Illinois Power
19Agency. Any investment income not appropriated by the General
20Assembly in a given fiscal year shall be added to the principal
21of the Fund, and thereafter considered a part thereof and not
22subject to appropriation as income earned by the Fund.
23 (d) Expenditures.
24 (1) During Fiscal Year 2008 and Fiscal Year 2009, the
25 General Assembly shall not appropriate any of the
26 investment income earned by the Illinois Power Agency

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1 Trust Fund to the Illinois Power Agency.
2 (2) During Fiscal Year 2010 and Fiscal Year 2011, the
3 General Assembly shall appropriate a portion of the
4 investment income earned by the Illinois Power Agency
5 Trust Fund to repay to the General Revenue Fund of the
6 State of Illinois those amounts, if any, appropriated from
7 the General Revenue Fund for the operation of the Illinois
8 Power Agency during Fiscal Year 2008 and Fiscal Year 2009,
9 so that at the end of Fiscal Year 2011, the entire amount,
10 if any, appropriated from the General Revenue Fund for the
11 operation of the Illinois Power Agency during Fiscal Year
12 2008 and Fiscal Year 2009 will be repaid in full to the
13 General Revenue Fund.
14 (3) In Fiscal Year 2012 and thereafter, the General
15 Assembly shall consider the need to balance its
16 appropriations from the investment income earned by the
17 Fund with the need to provide for the growth of the
18 principal of the Illinois Power Agency Trust Fund in order
19 to ensure that the Fund is able to produce sufficient
20 investment income to fund the operations of the Illinois
21 Power Agency in future years.
22 (4) If the Illinois Power Agency shall cease
23 operations, then, unless otherwise provided for by law or
24 appropriation, the principal and any investment income
25 earned by the Fund shall be transferred into the
26 Supplemental Low-Income Energy Assistance Program (LIHEAP)

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1 Fund under Section 13 of the Energy Assistance Act of
2 1989.
3 (e) Implementation. The provisions of this Section shall
4not be operative until the Illinois Power Agency Trust Fund
5has accumulated a principal balance of $25,000,000.
6(Source: P.A. 99-536, eff. 7-8-16.)
7 (30 ILCS 105/6z-126)
8 Sec. 6z-126. Law Enforcement Training Fund. The Law
9Enforcement Training Fund is hereby created as a special fund
10in the State treasury. Moneys in the Fund shall consist of: (i)
1190% of the revenue from increasing the insurance producer
12license fees, as provided under subsection (a-5) of Section
13500-135 of the Illinois Insurance Code; and (ii) 90% of the
14moneys collected from auto insurance policy fees under Section
158.6 of the Illinois Motor Vehicle Theft Prevention and
16Insurance Verification Act. This Fund shall be used by the
17Illinois Law Enforcement Training and Standards Board to fund
18law enforcement certification compliance and the development
19and provision of basic courses by Board-approved academics,
20and in-service courses by approved academies.
21(Source: P.A. 102-16, eff. 6-17-21.)
22 (30 ILCS 105/8.20) (from Ch. 127, par. 144.20)
23 Sec. 8.20. Appropriations for the ordinary and contingent
24expenses of the Illinois Liquor Control Commission shall be

HB5186 Enrolled- 103 -LRB102 24774 RJF 34017 b
1paid from the Dram Shop Fund. Beginning June 30, 1990 and on
2June 30 of each subsequent year through June 29, 2003, any
3balance over $5,000,000 remaining in the Dram Shop Fund shall
4be credited to State liquor licensees and applied against
5their fees for State liquor licenses for the following year.
6The amount credited to each licensee shall be a proportion of
7the balance in the Dram Shop Fund that is the same as the
8proportion of the license fee paid by the licensee under
9Section 5-3 of the Liquor Control Act of 1934, as now or
10hereafter amended, for the period in which the balance was
11accumulated to the aggregate fees paid by all licensees during
12that period.
13 In addition to any other permitted use of moneys in the
14Fund, and notwithstanding any restriction on the use of the
15Fund, moneys in the Dram Shop Fund may be transferred to the
16General Revenue Fund as authorized by Public Act 87-14. The
17General Assembly finds that an excess of moneys existed in the
18Fund on July 30, 1991, and the Governor's order of July 30,
191991, requesting the Comptroller and Treasurer to transfer an
20amount from the Fund to the General Revenue Fund is hereby
21validated.
22(Source: P.A. 93-22, eff. 6-20-03.)
23 (30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
24 Sec. 8.25. Build Illinois Fund; uses.
25 (A) All moneys in the Build Illinois Fund shall be

HB5186 Enrolled- 104 -LRB102 24774 RJF 34017 b
1transferred, appropriated, and used only for the purposes
2authorized by and subject to the limitations and conditions
3prescribed by this Section. There are established the
4following accounts in the Build Illinois Fund: the McCormick
5Place Account, the Build Illinois Bond Account, the Build
6Illinois Purposes Account, the Park and Conservation Fund
7Account, and the Tourism Advertising and Promotion Account.
8Amounts deposited into the Build Illinois Fund consisting of
91.55% before July 1, 1986, and 1.75% on and after July 1, 1986,
10of moneys received by the Department of Revenue under Section
119 of the Use Tax Act, Section 9 of the Service Use Tax Act,
12Section 9 of the Service Occupation Tax Act, and Section 3 of
13the Retailers' Occupation Tax Act, and all amounts deposited
14therein under Section 28 of the Illinois Horse Racing Act of
151975, Section 4.05 of the Chicago World's Fair - 1992
16Authority Act, and Sections 3 and 6 of the Hotel Operators'
17Occupation Tax Act, shall be credited initially to the
18McCormick Place Account and all other amounts deposited into
19the Build Illinois Fund shall be credited initially to the
20Build Illinois Bond Account. Of the amounts initially so
21credited to the McCormick Place Account in each month, the
22amount that is to be transferred in that month to the
23Metropolitan Fair and Exposition Authority Improvement Bond
24Fund, as provided below, shall remain credited to the
25McCormick Place Account, and all amounts initially so credited
26in that month in excess thereof shall next be credited to the

HB5186 Enrolled- 105 -LRB102 24774 RJF 34017 b
1Build Illinois Bond Account. Of the amounts credited to the
2Build Illinois Bond Account in each month, the amount that is
3to be transferred in that month to the Build Illinois Bond
4Retirement and Interest Fund, as provided below, shall remain
5credited to the Build Illinois Bond Account, and all amounts
6so credited in each month in excess thereof shall next be
7credited monthly to the other accounts in the following order
8of priority: first, to the Build Illinois Purposes Account,
9(a) 1/12, or in the case of fiscal year 1986, 1/9, of the
10fiscal year amounts authorized to be transferred to the Build
11Illinois Purposes Fund as provided below plus (b) any
12cumulative deficiency in those transfers for prior months;
13second, 1/12 of $10,000,000, plus any cumulative deficiency in
14those transfers for prior months, to the Park and Conservation
15Fund Account; and third, to the General Revenue Fund in the
16State Treasury all amounts that remain in the Build Illinois
17Fund on the last day of each month and are not credited to any
18account in that Fund.
19 Transfers from the McCormick Place Account in the Build
20Illinois Fund shall be made as follows:
21 Beginning with fiscal year 1985 and continuing for each
22fiscal year thereafter, the Metropolitan Pier and Exposition
23Authority shall annually certify to the State Comptroller and
24State Treasurer the amount necessary and required during the
25fiscal year with respect to which the certification is made to
26pay the debt service requirements (including amounts to be

HB5186 Enrolled- 106 -LRB102 24774 RJF 34017 b
1paid with respect to arrangements to provide additional
2security or liquidity) on all outstanding bonds and notes,
3including refunding bonds (herein collectively referred to as
4bonds) of issues in the aggregate amount (excluding the amount
5of any refunding bonds issued by that Authority after January
61, 1986) of not more than $312,500,000 issued after July 1,
71984, by that Authority for the purposes specified in Sections
810.1 and 13.1 of the Metropolitan Pier and Exposition
9Authority Act. In each month of the fiscal year in which there
10are bonds outstanding with respect to which the annual
11certification is made, the Comptroller shall order transferred
12and the Treasurer shall transfer from the McCormick Place
13Account in the Build Illinois Fund to the Metropolitan Fair
14and Exposition Authority Improvement Bond Fund an amount equal
15to 150% of the certified amount for that fiscal year divided by
16the number of months during that fiscal year in which bonds of
17the Authority are outstanding, plus any cumulative deficiency
18in those transfers for prior months; provided, that the
19maximum amount that may be so transferred in fiscal year 1985
20shall not exceed $15,000,000 or a lesser sum as is actually
21necessary and required to pay the debt service requirements
22for that fiscal year after giving effect to net operating
23revenues of that Authority available for that purpose as
24certified by that Authority, and provided further that the
25maximum amount that may be so transferred in fiscal year 1986
26shall not exceed $30,000,000 and in each fiscal year

HB5186 Enrolled- 107 -LRB102 24774 RJF 34017 b
1thereafter shall not exceed $33,500,000 in any fiscal year or
2a lesser sum as is actually necessary and required to pay the
3debt service requirements for that fiscal year after giving
4effect to net operating revenues of that Authority available
5for that purpose as certified by that Authority.
6 When an amount equal to 100% of the aggregate amount of
7principal and interest in each fiscal year with respect to
8bonds issued after July 1, 1984, that by their terms are
9payable from the Metropolitan Fair and Exposition Authority
10Improvement Bond Fund, including under sinking fund
11requirements, has been so paid and deficiencies in reserves
12established from bond proceeds shall have been remedied, and
13at the time that those amounts have been transferred to the
14Authority as provided in Section 13.1 of the Metropolitan Pier
15and Exposition Authority Act, the remaining moneys, if any,
16deposited and to be deposited during each fiscal year to the
17Metropolitan Fair and Exposition Authority Improvement Bond
18Fund shall be transferred to the Metropolitan Fair and
19Exposition Authority Completion Note Subordinate Fund.
20 Transfers from the Build Illinois Bond Account in the
21Build Illinois Fund shall be made as follows:
22 Beginning with fiscal year 1986 and continuing for each
23fiscal year thereafter so long as limited obligation bonds of
24the State issued under the Build Illinois Bond Act remain
25outstanding, the Comptroller shall order transferred and the
26Treasurer shall transfer in each month, commencing in October,

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11985, on the last day of that month, from the Build Illinois
2Bond Account to the Build Illinois Bond Retirement and
3Interest Fund in the State Treasury the amount required to be
4so transferred in that month under Section 13 of the Build
5Illinois Bond Act.
6 Transfers from the remaining accounts in the Build
7Illinois Fund shall be made in the following amounts and in the
8following order of priority:
9 Beginning with fiscal year 1986 and continuing each fiscal
10year thereafter, as soon as practicable after the first day of
11each month, commencing in October, 1985, the Comptroller shall
12order transferred and the Treasurer shall transfer from the
13Build Illinois Purposes Account in the Build Illinois Fund to
14the Build Illinois Purposes Fund 1/12th (or in the case of
15fiscal year 1986 1/9) of the amounts specified below for the
16following fiscal years:
17Fiscal YearAmount
181986$35,000,000
191987$45,000,000
201988$50,000,000
211989$55,000,000
221990$55,000,000
231991$50,000,000
241992$16,200,000
251993$16,200,000,
26plus any cumulative deficiency in those transfers for prior

HB5186 Enrolled- 109 -LRB102 24774 RJF 34017 b
1months.
2 As soon as may be practicable after the first day of each
3month beginning after July 1, 1984, the Comptroller shall
4order transferred and the Treasurer shall transfer from the
5Park and Conservation Fund Account in the Build Illinois Fund
6to the Park and Conservation Fund 1/12 of $10,000,000, plus
7any cumulative deficiency in those transfers for prior months,
8for conservation and park purposes as enumerated in Section
9805-420 of the Department of Natural Resources (Conservation)
10Law (20 ILCS 805/805-420), and to pay the debt service
11requirements on all outstanding bonds of an issue in the
12aggregate amount of not more than $40,000,000 issued after
13January 1, 1985, by the State of Illinois for the purposes
14specified in Section 3(c) of the Capital Development Bond Act
15of 1972, or for the same purposes as specified in any other
16State general obligation bond Act enacted after November 1,
171984. Transfers from the Park and Conservation Fund to the
18Capital Development Bond Retirement and Interest Fund to pay
19those debt service requirements shall be made in accordance
20with Section 8.25b of this Act.
21 All funds remaining in the Build Illinois Fund on the last
22day of any month and not credited to any account in that Fund
23shall be transferred by the State Treasurer to the General
24Revenue Fund.
25 (B) For the purpose of this Section, "cumulative
26deficiency" shall include all deficiencies in those transfers

HB5186 Enrolled- 110 -LRB102 24774 RJF 34017 b
1that have occurred since July 1, 1984, as specified in
2subsection (A) of this Section.
3 (C) In addition to any other permitted use of moneys in the
4Fund, and notwithstanding any restriction on the use of the
5Fund, moneys in the Park and Conservation Fund may be
6transferred to the General Revenue Fund as authorized by
7Public Act 87-14. The General Assembly finds that an excess of
8moneys existed in the Fund on July 30, 1991, and the Governor's
9order of July 30, 1991, requesting the Comptroller and
10Treasurer to transfer an amount from the Fund to the General
11Revenue Fund is hereby validated.
12 (D) (Blank).
13(Source: P.A. 90-26, eff. 7-1-97; 90-372, eff. 7-1-98; 90-655,
14eff. 7-30-98; 91-239, eff. 1-1-00.)
15 (30 ILCS 105/8.27) (from Ch. 127, par. 144.27)
16 Sec. 8.27. All receipts from federal financial
17participation in the Foster Care and Adoption Services program
18under Title IV-E of the federal Social Security Act, including
19receipts for related indirect costs, shall be deposited in the
20DCFS Children's Services Fund.
21 Beginning on July 20, 2010 (the effective date of Public
22Act 96-1127) this amendatory Act of the 96th General Assembly,
23any funds paid to the State by the federal government under
24Title XIX and Title XXI of the Social Security Act for child
25welfare services delivered by community mental health

HB5186 Enrolled- 111 -LRB102 24774 RJF 34017 b
1providers, certified and paid as Medicaid providers by the
2Department of Children and Family Services, for child welfare
3services relating to Medicaid-eligible clients and families
4served consistent with the purposes of the Department of
5Children and Family Services, including services delivered as
6a result of the conversion of such providers from a
7comprehensive rate to a fee-for-service payment methodology,
8and any subsequent revenue maximization initiatives performed
9by such providers, and any interest earned thereon, shall be
10deposited directly into the DCFS Children's Services Fund.
11Such funds shall be used for the provision of child welfare
12services provided to eligible individuals identified by the
13Department of Children and Family Services. Child welfare
14services are defined in Section 5 of the Children and Family
15Services Act (20 ILCS 505/5).
16 Eighty percent of the federal funds received by the
17Illinois Department of Human Services under the Title IV-A
18Emergency Assistance program as reimbursement for expenditures
19made from the Illinois Department of Children and Family
20Services appropriations for the costs of services in behalf of
21Department of Children and Family Services clients shall be
22deposited into the DCFS Children's Services Fund.
23 All receipts from federal financial participation in the
24Child Welfare Services program under Title IV-B of the federal
25Social Security Act, including receipts for related indirect
26costs, shall be deposited into the DCFS Children's Services

HB5186 Enrolled- 112 -LRB102 24774 RJF 34017 b
1Fund for those moneys received as reimbursement for services
2provided on or after July 1, 1994.
3 In addition, as soon as may be practicable after the first
4day of November, 1994, the Department of Children and Family
5Services shall request the Comptroller to order transferred
6and the Treasurer shall transfer the unexpended balance of the
7Child Welfare Services Fund to the DCFS Children's Services
8Fund. Upon completion of the transfer, the Child Welfare
9Services Fund will be considered dissolved and any outstanding
10obligations or liabilities of that fund will pass to the DCFS
11Children's Services Fund.
12 For services provided on or after July 1, 2007, all
13federal funds received pursuant to the John H. Chafee Foster
14Care Independence Program shall be deposited into the DCFS
15Children's Services Fund.
16 Except as otherwise provided in this Section, moneys in
17the Fund may be used by the Department, pursuant to
18appropriation by the General Assembly, for the ordinary and
19contingent expenses of the Department.
20 In fiscal year 1988 and in each fiscal year thereafter
21through fiscal year 2000, the Comptroller shall order
22transferred and the Treasurer shall transfer an amount of
23$16,100,000 from the DCFS Children's Services Fund to the
24General Revenue Fund in the following manner: As soon as may be
25practicable after the 15th day of September, December, March
26and June, the Comptroller shall order transferred and the

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1Treasurer shall transfer, to the extent that funds are
2available, 1/4 of $16,100,000, plus any cumulative
3deficiencies in such transfers for prior transfer dates during
4such fiscal year. In no event shall any such transfer reduce
5the available balance in the DCFS Children's Services Fund
6below $350,000.
7 In accordance with subsection (q) of Section 5 of the
8Children and Family Services Act, disbursements from
9individual children's accounts shall be deposited into the
10DCFS Children's Services Fund.
11 Receipts from public and unsolicited private grants, fees
12for training, and royalties earned from the publication of
13materials owned by or licensed to the Department of Children
14and Family Services shall be deposited into the DCFS
15Children's Services Fund.
16 As soon as may be practical after September 1, 2005, upon
17the request of the Department of Children and Family Services,
18the Comptroller shall order transferred and the Treasurer
19shall transfer the unexpended balance of the Department of
20Children and Family Services Training Fund into the DCFS
21Children's Services Fund. Upon completion of the transfer, the
22Department of Children and Family Services Training Fund is
23dissolved and any outstanding obligations or liabilities of
24that Fund pass to the DCFS Children's Services Fund.
25(Source: P.A. 95-707, eff. 1-11-08; 96-1127, eff. 7-20-10.)

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1 (30 ILCS 105/8.33) (from Ch. 127, par. 144.33)
2 Sec. 8.33. Expenses incident to leasing or use of State
3facilities. (a) All expenses incident to the leasing or use of
4the State facilities listed in Section 405-315 of the
5Department of Central Management Services Law (20 ILCS
6405/405-315) for lease or use terms not exceeding 30 days in
7length shall be payable from the Facilities Management Special
8Events Revolving Fund. Such expenses Expenses incident to the
9lease or use of the State facilities listed in Section 405-315
10of the Department of Central Management Services Law (20 ILCS
11405/405-315) shall include expenditures for additional
12commodities, equipment, furniture, improvements, personal
13services or other expenses required by the Department of
14Central Management Services to make such facilities available
15to the public and State employees.
16 (b) The Special Events Revolving Fund shall cease to exist
17on October 1, 2005. Any balance in the Fund as of that date
18shall be transferred to the Facilities Management Revolving
19Fund. Any moneys that otherwise would be paid into the Fund on
20or after that date shall be deposited into the Facilities
21Management Revolving Fund. Any disbursements on or after that
22date that otherwise would be made from the Fund shall be made
23from the Facilities Management Revolving Fund.
24(Source: P.A. 94-91, eff. 7-1-05.)
25 (30 ILCS 105/8f)

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1 Sec. 8f. Public Pension Regulation Fund. The Public
2Pension Regulation Fund is created as a special fund in the
3State Treasury. Except as otherwise provided in the Illinois
4Pension Code, all money received by the Department of
5Financial and Professional Regulation, as successor to the
6Illinois Department of Insurance, under the Illinois Pension
7Code shall be paid into the Fund. The State Treasurer promptly
8shall invest the money in the Fund, and all earnings that
9accrue on the money in the Fund shall be credited to the Fund.
10No money may be transferred from this Fund to any other fund.
11The General Assembly may make appropriations from this Fund
12for the ordinary and contingent expenses of the Public Pension
13Division of the Illinois Department of Insurance.
14(Source: P.A. 94-91, eff. 7-1-05; 95-950, eff. 8-29-08.)
15 Section 20-25. The Build Illinois Bond Act is amended by
16changing Section 2 as follows:
17 (30 ILCS 425/2) (from Ch. 127, par. 2802)
18 Sec. 2. Authorization for Bonds. The State of Illinois is
19authorized to issue, sell and provide for the retirement of
20limited obligation bonds, notes and other evidences of
21indebtedness of the State of Illinois in the total principal
22amount of $9,484,681,100 herein called "Bonds". Such
23authorized amount of Bonds shall be reduced from time to time
24by amounts, if any, which are equal to the moneys received by

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1the Department of Revenue in any fiscal year pursuant to
2Section 3-1001 of the "Illinois Vehicle Code", as amended, in
3excess of the Annual Specified Amount (as defined in Section 3
4of the "Retailers' Occupation Tax Act", as amended) and
5transferred at the end of such fiscal year from the General
6Revenue Fund to the Build Illinois Purposes Fund (now
7abolished) as provided in Section 3-1001 of said Code;
8provided, however, that no such reduction shall affect the
9validity or enforceability of any Bonds issued prior to such
10reduction. Such amount of authorized Bonds shall be exclusive
11of any refunding Bonds issued pursuant to Section 15 of this
12Act and exclusive of any Bonds issued pursuant to this Section
13which are redeemed, purchased, advance refunded, or defeased
14in accordance with paragraph (f) of Section 4 of this Act.
15Bonds shall be issued for the categories and specific purposes
16expressed in Section 4 of this Act.
17(Source: P.A. 101-30, eff. 6-28-19.)
18 Section 20-30. The Build Illinois Act is amended by
19changing Sections 9-4.2, 9-5.2, and 23-1 as follows:
20 (30 ILCS 750/9-4.2) (from Ch. 127, par. 2709-4.2)
21 Sec. 9-4.2. Illinois Capital Revolving Loan Fund.
22 (a) There is hereby created the Illinois Capital Revolving
23Loan Fund, hereafter referred to in this Article as the
24"Capital Fund" to be held as a separate fund within the State

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1Treasury.
2 The purpose of the Capital Fund is to finance intermediary
3agreements, administration, technical assistance agreements,
4loans, grants, or investments in Illinois. In addition, funds
5may be used for a one time transfer in fiscal year 1994, not to
6exceed the amounts appropriated, to the Public Infrastructure
7Construction Loan Revolving Fund for grants and loans pursuant
8to the Public Infrastructure Loan and Grant Program Act.
9Investments, administration, grants, and financial aid shall
10be used for the purposes set for in this Article. Loan
11financing will be in the form of loan agreements pursuant to
12the terms and conditions set forth in this Article. All loans
13shall be conditioned on the project receiving financing from
14participating lenders or other investors. Loan proceeds shall
15be available for project costs, except for debt refinancing.
16 (b) There shall be deposited in the Capital Fund such
17amounts, including but not limited to:
18 (i) All receipts, including dividends, principal and
19 interest payments and royalties, from any applicable loan,
20 intermediary, or technical assistance agreement made from
21 the Capital Fund or from direct appropriations from the
22 Build Illinois Bond Fund or the Build Illinois Purposes
23 Fund (now abolished) or the General Revenue Fund by the
24 General Assembly entered into by the Department;
25 (ii) All proceeds of assets of whatever nature
26 received by the Department as a result of default or

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1 delinquency with respect to loan agreements made from the
2 Capital Fund or from direct appropriations by the General
3 Assembly, including proceeds from the sale, disposal,
4 lease or rental of real or personal property which the
5 Department may receive as a result thereof;
6 (iii) Any appropriations, grants or gifts made to the
7 Capital Fund;
8 (iv) Any income received from interest on investments
9 of moneys in the Capital Fund;
10 (v) All moneys resulting from the collection of
11 premiums, fees, charges, costs, and expenses in connection
12 with the Capital Fund as described in subsection (e) of
13 Section 9-3.
14 (c) The Treasurer may invest moneys in the Capital Fund in
15securities constituting obligations of the United States
16Government, or in obligations the principal of and interest on
17which are guaranteed by the United States Government, in
18obligations the principal of and interest on which are
19guaranteed by the United States Government, or in certificates
20of deposit of any State or national bank which are fully
21secured by obligations guaranteed as to principal and interest
22by the United States Government.
23(Source: P.A. 100-377, eff. 8-25-17.)
24 (30 ILCS 750/9-5.2) (from Ch. 127, par. 2709-5.2)
25 Sec. 9-5.2. Illinois Equity Fund.

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1 (a) There is created the Illinois Equity Fund, to be held
2as a separate fund within the State Treasury. The purpose of
3the Illinois Equity Fund is to make equity investments in
4Illinois. All financing will be done in conjunction with
5participating lenders or other investors. Investment proceeds
6may be directed to working capital expenses associated with
7the introduction of new technical products or services of
8individual business projects or may be used for equity finance
9pools operated by intermediaries.
10 (b) There shall be deposited in the Illinois Equity Fund
11such amounts, including but not limited to:
12 (i) All receipts including dividends, principal and
13 interest payments, royalties, or other return on
14 investment from any applicable loan made from the Illinois
15 Equity Fund, from direct appropriations by the General
16 Assembly from the Build Illinois Fund or the Build
17 Illinois Purposes Fund (now abolished), or from
18 intermediary agreements made from the Illinois Equity Fund
19 entered into by the Department;
20 (ii) All proceeds of assets of whatever nature
21 received by the Department as a result of default or
22 delinquency with respect to loan agreements made from the
23 Illinois Equity Fund, or from direct appropriations by the
24 General Assembly including proceeds from the sale,
25 disposal, lease or rental of real or personal property
26 which the Department may receive as a result thereof;

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1 (iii) any appropriations, grants or gifts made to the
2 Illinois Equity Fund;
3 (iv) any income received from interest on investments
4 of moneys in the Illinois Equity Fund.
5 (c) The Treasurer may invest moneys in the Illinois Equity
6Fund in securities constituting direct obligations of the
7United States Government, or in obligations the principal of
8and interest on which are guaranteed by the United States
9Government, or in certificates of deposit of any State or
10national bank which are fully secured by obligations
11guaranteed as to principal and interest by the United States
12Government.
13(Source: P.A. 99-933, eff. 1-27-17.)
14 (30 ILCS 750/23-1) (from Ch. 127, par. 2723-1)
15 Sec. 23-1. Wages of laborers, mechanics and other workers
16employed on all "public works" projects undertaken pursuant to
17contracts financed with appropriations from the Build Illinois
18Bond Fund or the Build Illinois Purposes Fund shall be subject
19to the provisions of the Prevailing Wage Act.
20(Source: P.A. 86-1475.)
21 Section 20-35. The Police and Community Relations
22Improvement Act is amended by changing Section 1-10 as
23follows:

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1 (50 ILCS 727/1-10)
2 Sec. 1-10. Investigation of officer-involved deaths;
3requirements.
4 (a) Each law enforcement agency shall have a written
5policy regarding the investigation of officer-involved deaths
6that involve a law enforcement officer employed by that law
7enforcement agency.
8 (b) Each officer-involved death investigation shall be
9conducted by at least 2 investigators, or an entity or agency
10comprised of at least 2 investigators, one of whom is the lead
11investigator. The lead investigator shall be a person
12certified by the Illinois Law Enforcement Training Standards
13Board as a Lead Homicide Investigator, or similar training
14approved by the Illinois Law Enforcement Training Standards
15Board or the Illinois State Police, or similar training
16provided at an Illinois Law Enforcement Training Standards
17Board certified school. No investigator involved in the
18investigation may be employed by the law enforcement agency
19that employs the officer involved in the officer-involved
20death, unless the investigator is employed by the Illinois
21State Police and is not assigned to the same division or unit
22as the officer involved in the death.
23 (c) In addition to the requirements of subsection (b) of
24this Section, if the officer-involved death being investigated
25involves a motor vehicle accident, at least one investigator
26shall be certified by the Illinois Law Enforcement Training

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1Standards Board as a Crash Reconstruction Specialist, or
2similar training approved by the Illinois Law Enforcement
3Training Standards Board or the Illinois State Police, or
4similar training provided at an Illinois Law Enforcement
5Training Standards Board certified school. Notwithstanding the
6requirements of subsection (b) of this Section, the policy for
7a law enforcement agency, when the officer-involved death
8being investigated involves a motor vehicle collision, may
9allow the use of an investigator who is employed by that law
10enforcement agency and who is certified by the Illinois Law
11Enforcement Training Standards Board as a Crash Reconstruction
12Specialist, or similar training approved by the Illinois Law
13Enforcement Training and Standards Board, or similar certified
14training approved by the Illinois State Police, or similar
15training provided at an Illinois Law Enforcement Training and
16Standards Board certified school.
17 (d) The investigators conducting the investigation shall,
18in an expeditious manner, provide a complete report to the
19State's Attorney of the county in which the officer-involved
20death occurred.
21 (e) If the State's Attorney, or a designated special
22prosecutor, determines there is no basis to prosecute the law
23enforcement officer involved in the officer-involved death, or
24if the law enforcement officer is not otherwise charged or
25indicted, the investigators shall publicly release a report.
26(Source: P.A. 102-538, eff. 8-20-21.)

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1 Section 20-40. The Fair and Exposition Authority
2Reconstruction Act is amended by changing Section 8 as
3follows:
4 (70 ILCS 215/8) (from Ch. 85, par. 1250.8)
5 Sec. 8. Appropriations may be made from time to time by the
6General Assembly to the Metropolitan Pier and Exposition
7Authority for the payment of principal and interest of bonds
8of the Authority issued under the provisions of this Act and
9for any other lawful purpose of the Authority. Any and all of
10the funds so received shall be kept separate and apart from any
11and all other funds of the Authority. After there has been paid
12into the Metropolitan Fair and Exposition Authority
13Reconstruction Fund in the State Treasury sufficient money,
14pursuant to this Section and Sections 2 and 29 of the Cigarette
15Tax Act, to retire all bonds payable from that Fund, the taxes
16derived from Section 28 of the Illinois Horse Racing Act of
171975 which were required to be paid into that Fund pursuant to
18that Act shall thereafter be paid into the General Revenue
19Fund in the State Treasury.
20(Source: P.A. 102-16, eff. 6-17-21.)
21 Section 20-45. The Higher Education Student Assistance Act
22is amended by changing Section 52 as follows:

HB5186 Enrolled- 124 -LRB102 24774 RJF 34017 b
1 (110 ILCS 947/52)
2 Sec. 52. Golden Apple Scholars of Illinois Program; Golden
3Apple Foundation for Excellence in Teaching.
4 (a) In this Section, "Foundation" means the Golden Apple
5Foundation for Excellence in Teaching, a registered 501(c)(3)
6not-for-profit corporation.
7 (a-2) In order to encourage academically talented Illinois
8students, especially minority students, to pursue teaching
9careers, especially in teacher shortage disciplines (which
10shall be defined to include early childhood education) or at
11hard-to-staff schools (as defined by the Commission in
12consultation with the State Board of Education), to provide
13those students with the crucial mentoring, guidance, and
14in-service support that will significantly increase the
15likelihood that they will complete their full teaching
16commitments and elect to continue teaching in targeted
17disciplines and hard-to-staff schools, and to ensure that
18students in this State will continue to have access to a pool
19of highly-qualified teachers, each qualified student shall be
20awarded a Golden Apple Scholars of Illinois Program
21scholarship to any Illinois institution of higher learning.
22The Commission shall administer the Golden Apple Scholars of
23Illinois Program, which shall be managed by the Foundation
24pursuant to the terms of a grant agreement meeting the
25requirements of Section 4 of the Illinois Grant Funds Recovery
26Act.

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1 (a-3) For purposes of this Section, a qualified student
2shall be a student who meets the following qualifications:
3 (1) is a resident of this State and a citizen or
4 eligible noncitizen of the United States;
5 (2) is a high school graduate or a person who has
6 received a high school equivalency certificate;
7 (3) is enrolled or accepted, on at least a half-time
8 basis, at an institution of higher learning;
9 (4) is pursuing a postsecondary course of study
10 leading to initial certification or pursuing additional
11 course work needed to gain State Board of Education
12 approval to teach, including alternative teacher
13 licensure; and
14 (5) is a participant in programs managed by and is
15 approved to receive a scholarship from the Foundation.
16 (a-5) (Blank).
17 (b) (Blank).
18 (b-5) Funds designated for the Golden Apple Scholars of
19Illinois Program shall be used by the Commission for the
20payment of scholarship assistance under this Section or for
21the award of grant funds, subject to the Illinois Grant Funds
22Recovery Act, to the Foundation. Subject to appropriation,
23awards of grant funds to the Foundation shall be made on an
24annual basis and following an application for grant funds by
25the Foundation.
26 (b-10) Each year, the Foundation shall include in its

HB5186 Enrolled- 126 -LRB102 24774 RJF 34017 b
1application to the Commission for grant funds an estimate of
2the amount of scholarship assistance to be provided to
3qualified students during the grant period. Any amount of
4appropriated funds exceeding the estimated amount of
5scholarship assistance may be awarded by the Commission to the
6Foundation for management expenses expected to be incurred by
7the Foundation in providing the mentoring, guidance, and
8in-service supports that will increase the likelihood that
9qualified students will complete their teaching commitments
10and elect to continue teaching in hard-to-staff schools. If
11the estimate of the amount of scholarship assistance described
12in the Foundation's application is less than the actual amount
13required for the award of scholarship assistance to qualified
14students, the Foundation shall be responsible for using
15awarded grant funds to ensure all qualified students receive
16scholarship assistance under this Section.
17 (b-15) All grant funds not expended or legally obligated
18within the time specified in a grant agreement between the
19Foundation and the Commission shall be returned to the
20Commission within 45 days. Any funds legally obligated by the
21end of a grant agreement shall be liquidated within 45 days or
22otherwise returned to the Commission within 90 days after the
23end of the grant agreement that resulted in the award of grant
24funds.
25 (c) Each scholarship awarded under this Section shall be
26in an amount sufficient to pay the tuition and fees and room

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1and board costs of the Illinois institution of higher learning
2at which the recipient is enrolled, up to an annual maximum of
3$5,000; except that in the case of a recipient who does not
4reside on-campus at the institution of higher learning at
5which he or she is enrolled, the amount of the scholarship
6shall be sufficient to pay tuition and fee expenses and a
7commuter allowance, up to an annual maximum of $5,000. All
8scholarship funds distributed in accordance with this Section
9shall be paid to the institution on behalf of recipients.
10 (d) The total amount of scholarship assistance awarded by
11the Commission under this Section to an individual in any
12given fiscal year, when added to other financial assistance
13awarded to that individual for that year, shall not exceed the
14cost of attendance at the institution of higher learning at
15which the student is enrolled. In any academic year for which a
16qualified student under this Section accepts financial
17assistance through any other teacher scholarship program
18administered by the Commission, a qualified student shall not
19be eligible for scholarship assistance awarded under this
20Section.
21 (e) A recipient may receive up to 8 semesters or 12
22quarters of scholarship assistance under this Section.
23Scholarship funds are applicable toward 2 semesters or 3
24quarters of enrollment each academic year.
25 (f) All applications for scholarship assistance to be
26awarded under this Section shall be made to the Foundation in a

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1form determined by the Foundation. Each year, the Foundation
2shall notify the Commission of the individuals awarded
3scholarship assistance under this Section. Each year, at least
430% of the Golden Apple Scholars of Illinois Program
5scholarships shall be awarded to students residing in counties
6having a population of less than 500,000.
7 (g) (Blank).
8 (h) The Commission shall administer the payment of
9scholarship assistance provided through the Golden Apple
10Scholars of Illinois Program and shall make all necessary and
11proper rules not inconsistent with this Section for the
12effective implementation of this Section.
13 (i) Prior to receiving scholarship assistance for any
14academic year, each recipient of a scholarship awarded under
15this Section shall be required by the Foundation to sign an
16agreement under which the recipient pledges that, within the
172-year period following the termination of the academic
18program for which the recipient was awarded a scholarship, the
19recipient: (i) shall begin teaching for a period of not less
20than 5 years, (ii) shall fulfill this teaching obligation at a
21nonprofit Illinois public, private, or parochial preschool or
22an Illinois public elementary or secondary school that
23qualifies for teacher loan cancellation under Section
24465(a)(2)(A) of the federal Higher Education Act of 1965 (20
25U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed
26eligible for fulfilling the teaching commitment as designated

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1by the Foundation, and (iii) shall, upon request of the
2Foundation, provide the Foundation with evidence that he or
3she is fulfilling or has fulfilled the terms of the teaching
4agreement provided for in this subsection. Upon request, the
5Foundation shall provide evidence of teacher fulfillment to
6the Commission.
7 (j) If a recipient of a scholarship awarded under this
8Section fails to fulfill the teaching obligation set forth in
9subsection (i) of this Section, the Commission shall require
10the recipient to repay the amount of the scholarships
11received, prorated according to the fraction of the teaching
12obligation not completed, plus interest at a rate of 5% and if
13applicable, reasonable collection fees. Payments received by
14the Commission under this subsection (j) shall be remitted to
15the State Comptroller for deposit into the General Revenue
16Fund, except that that portion of a recipient's repayment that
17equals the amount in expenses that the Commission has
18reasonably incurred in attempting collection from that
19recipient shall be remitted to the State Comptroller for
20deposit into the ISAC Commission's Accounts Receivable Fund, a
21special fund in the State treasury.
22 (k) A recipient of a scholarship awarded by the Foundation
23under this Section shall not be considered to have failed to
24fulfill the teaching obligations of the agreement entered into
25pursuant to subsection (i) if the recipient (i) enrolls on a
26full-time basis as a graduate student in a course of study

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1related to the field of teaching at an institution of higher
2learning; (ii) is serving as a member of the armed services of
3the United States; (iii) is a person with a temporary total
4disability, as established by sworn affidavit of a qualified
5physician; (iv) is seeking and unable to find full-time
6employment as a teacher at a school that satisfies the
7criteria set forth in subsection (i) and is able to provide
8evidence of that fact; (v) is taking additional courses, on at
9least a half-time basis, needed to obtain certification as a
10teacher in Illinois; (vi) is fulfilling teaching requirements
11associated with other programs administered by the Commission
12and cannot concurrently fulfill them under this Section in a
13period of time equal to the length of the teaching obligation;
14or (vii) is participating in a program established under
15Executive Order 10924 of the President of the United States or
16the federal National Community Service Act of 1990 (42 U.S.C.
1712501 et seq.). Any such extension of the period during which
18the teaching requirement must be fulfilled shall be subject to
19limitations of duration as established by the Commission.
20 (l) A recipient who fails to fulfill the teaching
21obligations of the agreement entered into pursuant to
22subsection (i) of this Section shall repay the amount of
23scholarship assistance awarded to them under this Section
24within 10 years.
25 (m) Annually, at a time determined by the Commission in
26consultation with the Foundation, the Foundation shall submit

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1a report to assist the Commission in monitoring the
2Foundation's performance of grant activities. The report shall
3describe the following:
4 (1) the Foundation's anticipated expenditures for the
5 next fiscal year;
6 (2) the number of qualified students receiving
7 scholarship assistance at each institution of higher
8 learning where a qualified student was enrolled under this
9 Section during the previous fiscal year;
10 (3) the total monetary value of scholarship funds paid
11 to each institution of higher learning at which a
12 qualified student was enrolled during the previous fiscal
13 year;
14 (4) the number of scholarship recipients who completed
15 a baccalaureate degree during the previous fiscal year;
16 (5) the number of scholarship recipients who fulfilled
17 their teaching obligation during the previous fiscal year;
18 (6) the number of scholarship recipients who failed to
19 fulfill their teaching obligation during the previous
20 fiscal year;
21 (7) the number of scholarship recipients granted an
22 extension described in subsection (k) of this Section
23 during the previous fiscal year;
24 (8) the number of scholarship recipients required to
25 repay scholarship assistance in accordance with subsection
26 (j) of this Section during the previous fiscal year;

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1 (9) the number of scholarship recipients who
2 successfully repaid scholarship assistance in full during
3 the previous fiscal year;
4 (10) the number of scholarship recipients who
5 defaulted on their obligation to repay scholarship
6 assistance during the previous fiscal year;
7 (11) the amount of scholarship assistance subject to
8 collection in accordance with subsection (j) of this
9 Section at the end of the previous fiscal year;
10 (12) the amount of collected funds to be remitted to
11 the Comptroller in accordance with subsection (j) of this
12 Section at the end of the previous fiscal year; and
13 (13) other information that the Commission may
14 reasonably request.
15 (n) Nothing in this Section shall affect the rights of the
16Commission to collect moneys owed to it by recipients of
17scholarship assistance through the Illinois Future Teacher
18Corps Program, repealed by Public Act 98-533 this amendatory
19Act of the 98th General Assembly.
20 (o) The Auditor General shall prepare an annual audit of
21the operations and finances of the Golden Apple Scholars of
22Illinois Program. This audit shall be provided to the
23Governor, General Assembly, and the Commission.
24 (p) The suspension of grant making authority found in
25Section 4.2 of the Illinois Grant Funds Recovery Act shall not
26apply to grants made pursuant to this Section.

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1(Source: P.A. 98-533, eff. 8-23-13; 98-718, eff. 1-1-15;
299-143, eff. 7-27-15.)
3 Section 20-50. The Nurse Educator Assistance Act is
4amended by changing Section 15-30 as follows:
5 (110 ILCS 967/15-30)
6 Sec. 15-30. Repayment upon default; exception.
7 (a) If a recipient of a scholarship awarded under this
8Section fails to fulfill the work agreement required under the
9program, the Commission shall require the recipient to repay
10the amount of the scholarship or scholarships received,
11prorated according to the fraction of the work agreement not
12completed, plus interest at a rate of 5% and, if applicable,
13reasonable collection fees.
14 (b) Payments received by the Commission under this Section
15shall be remitted to the State Comptroller for deposit into
16the General Revenue Fund, except that that portion of a
17recipient's repayment that equals the amount in expenses that
18the Commission has reasonably incurred in attempting
19collection from that recipient shall be remitted to the State
20Comptroller for deposit into the ISAC Commission's Accounts
21Receivable Fund.
22 (c) A recipient of a scholarship awarded by the Commission
23under the program shall not be in violation of the agreement
24entered into pursuant to this Article if the recipient is (i)

HB5186 Enrolled- 134 -LRB102 24774 RJF 34017 b
1serving as a member of the armed services of the United States,
2(ii) a person with a temporary total disability, as
3established by a sworn affidavit of a qualified physician,
4(iii) seeking and unable to find full-time employment as a
5nursing educator and is able to provide evidence of that fact,
6or (iv) taking additional courses, on at least a half-time
7basis, related to nursing education. Any extension of the
8period during which the work requirement must be fulfilled
9shall be subject to limitations of duration established by the
10Commission.
11(Source: P.A. 99-143, eff. 7-27-15.)
12 Section 20-55. The Solid Waste Site Operator Certification
13Law is amended by changing Section 1011 as follows:
14 (225 ILCS 230/1011) (from Ch. 111, par. 7861)
15 Sec. 1011. Fees.
16 (a) Fees for the issuance or renewal of a Solid Waste Site
17Operator Certificate shall be as follows:
18 (1)(A) $400 for issuance or renewal for Class A Solid
19 Waste Site Operators; (B) $200 for issuance or renewal for
20 Class B Solid Waste Site Operators; and (C) $100 for
21 issuance or renewal for special waste endorsements.
22 (2) If the fee for renewal is not paid within the grace
23 period the above fees for renewal shall each be increased
24 by $50.

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1 (b) All Before the effective date of this amendatory Act
2of the 98th General Assembly, all fees collected by the Agency
3under this Section shall be deposited into the Hazardous Waste
4Occupational Licensing Fund. The Agency is authorized to use
5monies in the Hazardous Waste Occupational Licensing Fund to
6perform its functions, powers, and duties under this Section.
7On and after the effective date of this amendatory Act of the
898th General Assembly, all fees collected by the Agency under
9this Section shall be deposited into the Environmental
10Protection Permit and Inspection Fund to be used in accordance
11with the provisions of subsection (a) of Section 22.8 of the
12Environmental Protection Act.
13(Source: P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)
14 Section 20-60. The Illinois Public Aid Code is amended by
15changing Section 12-10.7 as follows:
16 (305 ILCS 5/12-10.7)
17 Sec. 12-10.7. The Health and Human Services Medicaid Trust
18Fund. (a) The Health and Human Services Medicaid Trust Fund
19shall consist of (i) moneys appropriated or transferred into
20the Fund, pursuant to statute, (ii) federal financial
21participation moneys received pursuant to expenditures from
22the Fund, and (iii) the interest earned on moneys in the Fund.
23(b) Subject to appropriation, the moneys in the Fund shall be
24used by a State agency for such purposes as that agency may, by

HB5186 Enrolled- 136 -LRB102 24774 RJF 34017 b
1the appropriation language, be directed.
2 (c) In addition to any other transfers that may be
3provided for by law, on July 1, 2007, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $3,500,000 from the Health
6and Human Services Medicaid Trust Fund to the Human Services
7Priority Capital Program Fund.
8 (d) In addition to any other transfers that may be
9provided for by law, on July 1, 2008, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $3,500,000 from the Health
12and Human Services Medicaid Trust Fund to the Human Services
13Priority Capital Program Fund.
14(Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08.)
15 Section 20-65. The Energy Assistance Act is amended by
16changing Section 10 as follows:
17 (305 ILCS 20/10) (from Ch. 111 2/3, par. 1410)
18 Sec. 10. Energy Assistance Funds.
19 (a) The AFDC Energy Assistance Fund is hereby created as a
20special fund in the State Treasury.
21 The AFDC Energy Assistance Fund is authorized to receive
22whether by appropriation, transfer, statutory deposit or fund
23transfer, all amounts appropriated from State funds to the
24Department of Human Services (acting as successor to the

HB5186 Enrolled- 137 -LRB102 24774 RJF 34017 b
1Illinois Department of Public Aid under the Department of
2Human Services Act) specifically for energy assistance
3payments for persons and families receiving assistance
4pursuant to Section 4-1 of the Illinois Public Aid Code and
5subsection (c) of Section 6 of this Act, and any
6administrative expense related thereto.
7 (b) Subject to appropriation by the General Assembly, the
8Department is authorized to expend monies from the AFDC Energy
9Assistance Fund for the following purposes:
10 (1) for energy assistance payments to or on behalf of
11 individuals or families who receive assistance pursuant to
12 Section 4-1 of The Illinois Public Aid Code in accordance
13 with the provisions of Section 6 of this Act; and
14 (2) for the necessary and contingent expenses of the
15 Department incurred in the administration of that portion
16 of the Act described in paragraph (1) of this subsection.
17 (c) The AFDC Energy Assistance Fund shall be inoperative
18after September 30, 1991.
19 (d) Subject to appropriations made by the General
20Assembly, the Department is authorized to expend monies from
21the Low Income Home Energy Assistance Block Grant Fund for the
22purpose of providing assistance pursuant to Section 6 of this
23Act.
24(Source: P.A. 89-507, eff. 7-1-97.)
25 Section 20-70. The Environmental Protection Act is amended

HB5186 Enrolled- 138 -LRB102 24774 RJF 34017 b
1by changing Sections 4, 9.9, and 22.8 as follows:
2 (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
3 Sec. 4. Environmental Protection Agency; establishment;
4duties.
5 (a) There is established in the Executive Branch of the
6State Government an agency to be known as the Environmental
7Protection Agency. This Agency shall be under the supervision
8and direction of a Director who shall be appointed by the
9Governor with the advice and consent of the Senate. The term of
10office of the Director shall expire on the third Monday of
11January in odd numbered years, provided that he or she shall
12hold office until a successor is appointed and has qualified.
13For terms ending before December 31, 2019, the Director shall
14receive an annual salary as set by the Compensation Review
15Board. For terms beginning after January 18, 2019 (the
16effective date of Public Act 100-1179) this amendatory Act of
17the 100th General Assembly, the Director's annual salary shall
18be an amount equal to 15% more than the Director's annual
19salary as of December 31, 2018. The calculation of the 2018
20salary base for this adjustment shall not include any cost of
21living adjustments, as authorized by Senate Joint Resolution
22192 of the 86th General Assembly, for the period beginning
23July 1, 2009 to June 30, 2019. Beginning July 1, 2019 and each
24July 1 thereafter, the Director shall receive an increase in
25salary based on a cost of living adjustment as authorized by

HB5186 Enrolled- 139 -LRB102 24774 RJF 34017 b
1Senate Joint Resolution 192 of the 86th General Assembly. The
2Director, in accord with the Personnel Code, shall employ and
3direct such personnel, and shall provide for such laboratory
4and other facilities, as may be necessary to carry out the
5purposes of this Act. In addition, the Director may by
6agreement secure such services as he or she may deem necessary
7from any other department, agency, or unit of the State
8Government, and may employ and compensate such consultants and
9technical assistants as may be required.
10 (b) The Agency shall have the duty to collect and
11disseminate such information, acquire such technical data, and
12conduct such experiments as may be required to carry out the
13purposes of this Act, including ascertainment of the quantity
14and nature of discharges from any contaminant source and data
15on those sources, and to operate and arrange for the operation
16of devices for the monitoring of environmental quality.
17 (c) The Agency shall have authority to conduct a program
18of continuing surveillance and of regular or periodic
19inspection of actual or potential contaminant or noise
20sources, of public water supplies, and of refuse disposal
21sites.
22 (d) In accordance with constitutional limitations, the
23Agency shall have authority to enter at all reasonable times
24upon any private or public property for the purpose of:
25 (1) Inspecting and investigating to ascertain possible
26 violations of this Act, any rule or regulation adopted

HB5186 Enrolled- 140 -LRB102 24774 RJF 34017 b
1 under this Act, any permit or term or condition of a
2 permit, or any Board order; or
3 (2) In accordance with the provisions of this Act,
4 taking whatever preventive or corrective action, including
5 but not limited to removal or remedial action, that is
6 necessary or appropriate whenever there is a release or a
7 substantial threat of a release of (A) a hazardous
8 substance or pesticide or (B) petroleum from an
9 underground storage tank.
10 (e) The Agency shall have the duty to investigate
11violations of this Act, any rule or regulation adopted under
12this Act, any permit or term or condition of a permit, or any
13Board order; to issue administrative citations as provided in
14Section 31.1 of this Act; and to take such summary enforcement
15action as is provided for by Section 34 of this Act.
16 (f) The Agency shall appear before the Board in any
17hearing upon a petition for variance or time-limited water
18quality standard, the denial of a permit, or the validity or
19effect of a rule or regulation of the Board, and shall have the
20authority to appear before the Board in any hearing under the
21Act.
22 (g) The Agency shall have the duty to administer, in
23accord with Title X of this Act, such permit and certification
24systems as may be established by this Act or by regulations
25adopted thereunder. The Agency may enter into written
26delegation agreements with any department, agency, or unit of

HB5186 Enrolled- 141 -LRB102 24774 RJF 34017 b
1State or local government under which all or portions of this
2duty may be delegated for public water supply storage and
3transport systems, sewage collection and transport systems,
4air pollution control sources with uncontrolled emissions of
5100 tons per year or less and application of algicides to
6waters of the State. Such delegation agreements will require
7that the work to be performed thereunder will be in accordance
8with Agency criteria, subject to Agency review, and shall
9include such financial and program auditing by the Agency as
10may be required.
11 (h) The Agency shall have authority to require the
12submission of complete plans and specifications from any
13applicant for a permit required by this Act or by regulations
14thereunder, and to require the submission of such reports
15regarding actual or potential violations of this Act, any rule
16or regulation adopted under this Act, any permit or term or
17condition of a permit, or any Board order, as may be necessary
18for the purposes of this Act.
19 (i) The Agency shall have authority to make
20recommendations to the Board for the adoption of regulations
21under Title VII of the Act.
22 (j) The Agency shall have the duty to represent the State
23of Illinois in any and all matters pertaining to plans,
24procedures, or negotiations for interstate compacts or other
25governmental arrangements relating to environmental
26protection.

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1 (k) The Agency shall have the authority to accept,
2receive, and administer on behalf of the State any grants,
3gifts, loans, indirect cost reimbursements, or other funds
4made available to the State from any source for purposes of
5this Act or for air or water pollution control, public water
6supply, solid waste disposal, noise abatement, or other
7environmental protection activities, surveys, or programs. Any
8federal funds received by the Agency pursuant to this
9subsection shall be deposited in a trust fund with the State
10Treasurer and held and disbursed by him in accordance with
11Treasurer as Custodian of Funds Act, provided that such monies
12shall be used only for the purposes for which they are
13contributed and any balance remaining shall be returned to the
14contributor.
15 The Agency is authorized to promulgate such regulations
16and enter into such contracts as it may deem necessary for
17carrying out the provisions of this subsection.
18 (l) The Agency is hereby designated as water pollution
19agency for the state for all purposes of the Federal Water
20Pollution Control Act, as amended; as implementing agency for
21the State for all purposes of the Safe Drinking Water Act,
22Public Law 93-523, as now or hereafter amended, except Section
231425 of that Act; as air pollution agency for the state for all
24purposes of the Clean Air Act of 1970, Public Law 91-604,
25approved December 31, 1970, as amended; and as solid waste
26agency for the state for all purposes of the Solid Waste

HB5186 Enrolled- 143 -LRB102 24774 RJF 34017 b
1Disposal Act, Public Law 89-272, approved October 20, 1965,
2and amended by the Resource Recovery Act of 1970, Public Law
391-512, approved October 26, 1970, as amended, and amended by
4the Resource Conservation and Recovery Act of 1976, (P.L.
594-580) approved October 21, 1976, as amended; as noise
6control agency for the state for all purposes of the Noise
7Control Act of 1972, Public Law 92-574, approved October 27,
81972, as amended; and as implementing agency for the State for
9all purposes of the Comprehensive Environmental Response,
10Compensation, and Liability Act of 1980 (P.L. 96-510), as
11amended; and otherwise as pollution control agency for the
12State pursuant to federal laws integrated with the foregoing
13laws, for financing purposes or otherwise. The Agency is
14hereby authorized to take all action necessary or appropriate
15to secure to the State the benefits of such federal Acts,
16provided that the Agency shall transmit to the United States
17without change any standards adopted by the Pollution Control
18Board pursuant to Section 5(c) of this Act. This subsection
19(l) of Section 4 shall not be construed to bar or prohibit the
20Environmental Protection Trust Fund Commission from accepting,
21receiving, and administering on behalf of the State any
22grants, gifts, loans or other funds for which the Commission
23is eligible pursuant to the Environmental Protection Trust
24Fund Act. The Agency is hereby designated as the State agency
25for all purposes of administering the requirements of Section
26313 of the federal Emergency Planning and Community

HB5186 Enrolled- 144 -LRB102 24774 RJF 34017 b
1Right-to-Know Act of 1986.
2 Any municipality, sanitary district, or other political
3subdivision, or any Agency of the State or interstate Agency,
4which makes application for loans or grants under such federal
5Acts shall notify the Agency of such application; the Agency
6may participate in proceedings under such federal Acts.
7 (m) The Agency shall have authority, consistent with
8Section 5(c) and other provisions of this Act, and for
9purposes of Section 303(e) of the Federal Water Pollution
10Control Act, as now or hereafter amended, to engage in
11planning processes and activities and to develop plans in
12cooperation with units of local government, state agencies and
13officers, and other appropriate persons in connection with the
14jurisdiction or duties of each such unit, agency, officer or
15person. Public hearings shall be held on the planning process,
16at which any person shall be permitted to appear and be heard,
17pursuant to procedural regulations promulgated by the Agency.
18 (n) In accordance with the powers conferred upon the
19Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act,
20the Agency shall have authority to establish and enforce
21minimum standards for the operation of laboratories relating
22to analyses and laboratory tests for air pollution, water
23pollution, noise emissions, contaminant discharges onto land
24and sanitary, chemical, and mineral quality of water
25distributed by a public water supply. The Agency may enter
26into formal working agreements with other departments or

HB5186 Enrolled- 145 -LRB102 24774 RJF 34017 b
1agencies of state government under which all or portions of
2this authority may be delegated to the cooperating department
3or agency.
4 (o) The Agency shall have the authority to issue
5certificates of competency to persons and laboratories meeting
6the minimum standards established by the Agency in accordance
7with Section 4(n) of this Act and to promulgate and enforce
8regulations relevant to the issuance and use of such
9certificates. The Agency may enter into formal working
10agreements with other departments or agencies of state
11government under which all or portions of this authority may
12be delegated to the cooperating department or agency.
13 (p) Except as provided in Section 17.7, the Agency shall
14have the duty to analyze samples as required from each public
15water supply to determine compliance with the contaminant
16levels specified by the Pollution Control Board. The maximum
17number of samples which the Agency shall be required to
18analyze for microbiological quality shall be 6 per month, but
19the Agency may, at its option, analyze a larger number each
20month for any supply. Results of sample analyses for
21additional required bacteriological testing, turbidity,
22residual chlorine and radionuclides are to be provided to the
23Agency in accordance with Section 19. Owners of water supplies
24may enter into agreements with the Agency to provide for
25reduced Agency participation in sample analyses.
26 (q) The Agency shall have the authority to provide notice

HB5186 Enrolled- 146 -LRB102 24774 RJF 34017 b
1to any person who may be liable pursuant to Section 22.2(f) of
2this Act for a release or a substantial threat of a release of
3a hazardous substance or pesticide. Such notice shall include
4the identified response action and an opportunity for such
5person to perform the response action.
6 (r) The Agency may enter into written delegation
7agreements with any unit of local government under which it
8may delegate all or portions of its inspecting, investigating
9and enforcement functions. Such delegation agreements shall
10require that work performed thereunder be in accordance with
11Agency criteria and subject to Agency review. Notwithstanding
12any other provision of law to the contrary, no unit of local
13government shall be liable for any injury resulting from the
14exercise of its authority pursuant to such a delegation
15agreement unless the injury is proximately caused by the
16willful and wanton negligence of an agent or employee of the
17unit of local government, and any policy of insurance coverage
18issued to a unit of local government may provide for the denial
19of liability and the nonpayment of claims based upon injuries
20for which the unit of local government is not liable pursuant
21to this subsection (r).
22 (s) The Agency shall have authority to take whatever
23preventive or corrective action is necessary or appropriate,
24including but not limited to expenditure of monies
25appropriated from the Build Illinois Bond Fund and the Build
26Illinois Purposes Fund for removal or remedial action,

HB5186 Enrolled- 147 -LRB102 24774 RJF 34017 b
1whenever any hazardous substance or pesticide is released or
2there is a substantial threat of such a release into the
3environment. The State, the Director, and any State employee
4shall be indemnified for any damages or injury arising out of
5or resulting from any action taken under this subsection. The
6Director of the Agency is authorized to enter into such
7contracts and agreements as are necessary to carry out the
8Agency's duties under this subsection.
9 (t) The Agency shall have authority to distribute grants,
10subject to appropriation by the General Assembly, to units of
11local government for financing and construction of wastewater
12facilities in both incorporated and unincorporated areas. With
13respect to all monies appropriated from the Build Illinois
14Bond Fund and the Build Illinois Purposes Fund for wastewater
15facility grants, the Agency shall make distributions in
16conformity with the rules and regulations established pursuant
17to the Anti-Pollution Bond Act, as now or hereafter amended.
18 (u) Pursuant to the Illinois Administrative Procedure Act,
19the Agency shall have the authority to adopt such rules as are
20necessary or appropriate for the Agency to implement Section
2131.1 of this Act.
22 (v) (Blank.)
23 (w) Neither the State, nor the Director, nor the Board,
24nor any State employee shall be liable for any damages or
25injury arising out of or resulting from any action taken under
26subsection (s).

HB5186 Enrolled- 148 -LRB102 24774 RJF 34017 b
1 (x)(1) The Agency shall have authority to distribute
2grants, subject to appropriation by the General Assembly, to
3units of local government for financing and construction of
4public water supply facilities. With respect to all monies
5appropriated from the Build Illinois Bond Fund or the Build
6Illinois Purposes Fund for public water supply grants, such
7grants shall be made in accordance with rules promulgated by
8the Agency. Such rules shall include a requirement for a local
9match of 30% of the total project cost for projects funded
10through such grants.
11 (2) The Agency shall not terminate a grant to a unit of
12local government for the financing and construction of public
13water supply facilities unless and until the Agency adopts
14rules that set forth precise and complete standards, pursuant
15to Section 5-20 of the Illinois Administrative Procedure Act,
16for the termination of such grants. The Agency shall not make
17determinations on whether specific grant conditions are
18necessary to ensure the integrity of a project or on whether
19subagreements shall be awarded, with respect to grants for the
20financing and construction of public water supply facilities,
21unless and until the Agency adopts rules that set forth
22precise and complete standards, pursuant to Section 5-20 of
23the Illinois Administrative Procedure Act, for making such
24determinations. The Agency shall not issue a stop-work order
25in relation to such grants unless and until the Agency adopts
26precise and complete standards, pursuant to Section 5-20 of

HB5186 Enrolled- 149 -LRB102 24774 RJF 34017 b
1the Illinois Administrative Procedure Act, for determining
2whether to issue a stop-work order.
3 (y) The Agency shall have authority to release any person
4from further responsibility for preventive or corrective
5action under this Act following successful completion of
6preventive or corrective action undertaken by such person upon
7written request by the person.
8 (z) To the extent permitted by any applicable federal law
9or regulation, for all work performed for State construction
10projects which are funded in whole or in part by a capital
11infrastructure bill enacted by the 96th General Assembly by
12sums appropriated to the Environmental Protection Agency, at
13least 50% of the total labor hours must be performed by actual
14residents of the State of Illinois. For purposes of this
15subsection, "actual residents of the State of Illinois" means
16persons domiciled in the State of Illinois. The Department of
17Labor shall promulgate rules providing for the enforcement of
18this subsection.
19 (aa) The Agency may adopt rules requiring the electronic
20submission of any information required to be submitted to the
21Agency pursuant to any State or federal law or regulation or
22any court or Board order. Any rules adopted under this
23subsection (aa) must include, but are not limited to,
24identification of the information to be submitted
25electronically.
26(Source: P.A. 99-937, eff. 2-24-17; 100-1179, eff. 1-18-19.)

HB5186 Enrolled- 150 -LRB102 24774 RJF 34017 b
1 (415 ILCS 5/9.9)
2 Sec. 9.9. Nitrogen oxides trading system.
3 (a) The General Assembly finds:
4 (1) That USEPA has issued a Final Rule published in
5 the Federal Register on October 27, 1998, entitled
6 "Finding of Significant Contribution and Rulemaking for
7 Certain States in the Ozone Transport Assessment Group
8 Region for Purposes of Reducing Regional Transport of
9 Ozone", hereinafter referred to as the "NOx SIP Call",
10 compliance with which will require reducing emissions of
11 nitrogen oxides ("NOx");
12 (2) That reducing emissions of NOx in the State helps
13 the State to meet the national ambient air quality
14 standard for ozone;
15 (3) That emissions trading is a cost-effective means
16 of obtaining reductions of NOx emissions.
17 (b) The Agency shall propose and the Board shall adopt
18regulations to implement an interstate NOx trading program
19(hereinafter referred to as the "NOx Trading Program") as
20provided for in 40 CFR Part 96, including incorporation by
21reference of appropriate provisions of 40 CFR Part 96 and
22regulations to address 40 CFR Section 96.4(b), Section
2396.55(c), Subpart E, and Subpart I. In addition, the Agency
24shall propose and the Board shall adopt regulations to
25implement NOx emission reduction programs for cement kilns and

HB5186 Enrolled- 151 -LRB102 24774 RJF 34017 b
1stationary internal combustion engines.
2 (c) Allocations of NOx allowances to large electric
3generating units ("EGUs") and large non-electric generating
4units ("non-EGUs"), as defined by 40 CFR Part 96.4(a), shall
5not exceed the State's trading budget for those source
6categories to be included in the State Implementation Plan for
7NOx.
8 (d) In adopting regulations to implement the NOx Trading
9Program, the Board shall:
10 (1) assure that the economic impact and technical
11 feasibility of NOx emissions reductions under the NOx
12 Trading Program are considered relative to the traditional
13 regulatory control requirements in the State for EGUs and
14 non-EGUs;
15 (2) provide that emission units, as defined in Section
16 39.5(1) of this Act, may opt into the NOx Trading Program;
17 (3) provide for voluntary reductions of NOx emissions
18 from emission units, as defined in Section 39.5(1) of this
19 Act, not otherwise included under paragraph (c) or (d)(2)
20 of this Section to provide additional allowances to EGUs
21 and non-EGUs to be allocated by the Agency. The
22 regulations shall further provide that such voluntary
23 reductions are verifiable, quantifiable, permanent, and
24 federally enforceable;
25 (4) provide that the Agency allocate to non-EGUs
26 allowances that are designated in the rule, unless the

HB5186 Enrolled- 152 -LRB102 24774 RJF 34017 b
1 Agency has been directed to transfer the allocations to
2 another unit subject to the requirements of the NOx
3 Trading Program, and that upon shutdown of a non-EGU, the
4 unit may transfer or sell the NOx allowances that are
5 allocated to such unit;
6 (5) provide that the Agency shall set aside annually a
7 number of allowances, not to exceed 5% of the total EGU
8 trading budget, to be made available to new EGUs; and
9 (6) provide that those EGUs that commence commercial
10 operation, as defined in 40 CFR Section 96.2, at a time
11 that is more than half way through the control period in
12 2003 shall return to the Agency any allowances that were
13 issued to it by the Agency and were not used for compliance
14 in 2004.
15 (d-5) The Agency may sell NOx allowances to sources in
16Illinois that are subject to 35 Ill. Adm. Code 217, either
17Subpart U or W, as follows:
18 (1) any unearned Early Reduction Credits set aside for
19 non-EGUs under 35 Ill. Adm. Code 217, Subpart U, but only
20 to those sources that make qualifying early reductions of
21 NOx in 2003 pursuant to 35 Ill. Adm. Code 217 for which the
22 source did not receive an allocation thereunder. If the
23 Agency receives requests to purchase more ERCs than are
24 available for sale, allowances shall be offered for sale
25 to qualifying sources on a pro-rata basis;
26 (2) any remaining Early Reduction Credits allocated

HB5186 Enrolled- 153 -LRB102 24774 RJF 34017 b
1 under 35 Ill. Adm. Code 217, Subpart U or W, that could not
2 be allocated on a pro-rata, whole allowance basis, but
3 only to those sources that made qualifying early
4 reductions of NOx in 2003 pursuant to 35 Ill. Adm. Code 217
5 for which the source did not receive an allocation;
6 (3) any allowances under 35 Ill. Adm. Code 217,
7 Subpart W, that remain after each 3-year allocation period
8 that could not be allocated on a pro-rata, whole allowance
9 basis pursuant to the provisions of Subpart W; and
10 (4) any allowances requested from the New Source Set
11 Aside for those sources that commenced operation, as
12 defined in 40 CFR Section 96.2, on or after January 1,
13 2004.
14 (d-10) The selling price for ERC allowances shall be 70%
15of the market price index for 2005 NOx allowances, determined
16by the Agency as follows:
17 (1) using the mean of 2 or more published market price
18 indexes for the 2005 NOx allowances as of October 6, 2003;
19 or
20 (2) if there are not 2 published market price indexes
21 for 2005 NOx allowances as of October 6, 2003, the Agency
22 may use any reasonable indication of market price.
23 (e) The Agency may adopt procedural rules, as necessary,
24to implement the regulations promulgated by the Board pursuant
25to subsections (b) and (d) and to implement subsections (d-5),
26(d-10), (i), and (j) of this Section.

HB5186 Enrolled- 154 -LRB102 24774 RJF 34017 b
1 (f) Notwithstanding any provisions in subparts T, U, and W
2of Section 217 of Title 35 of the Illinois Administrative Code
3to the contrary, compliance with the regulations promulgated
4by the Board pursuant to subsections (b) and (d) of this
5Section is required by May 31, 2004.
6 (g) To the extent that a court of competent jurisdiction
7finds a provision of 40 CFR Part 96 invalid, the corresponding
8Illinois provision shall be stayed until such provision of 40
9CFR Part 96 is found to be valid or is re-promulgated. To the
10extent that USEPA or any court of competent jurisdiction stays
11the applicability of any provision of the NOx SIP Call to any
12person or circumstance relating to Illinois, during the period
13of that stay, the effectiveness of the corresponding Illinois
14provision shall be stayed. To the extent that the invalidity
15of the particular requirement or application does not affect
16other provisions or applications of the NOx SIP Call pursuant
17to 40 CFR 51.121 or the NOx trading program pursuant to 40 CFR
18Part 96 or 40 CFR Part 97, this Section, and rules or
19regulations promulgated hereunder, will be given effect
20without the invalid provisions or applications.
21 (h) Notwithstanding any other provision of this Act, any
22source or other authorized person that participates in the NOx
23Trading Program shall be eligible to exchange NOx allowances
24with other sources in accordance with this Section and with
25regulations promulgated by the Board or the Agency.
26 (i) (Blank). There is hereby created within the State

HB5186 Enrolled- 155 -LRB102 24774 RJF 34017 b
1Treasury an interest-bearing special fund to be known as the
2NOx Trading System Fund. Moneys generated from the sale of NOx
3allowances from the New Source Set Aside or the sale of
4allowances pursuant to subsection (d-5) of this Section shall
5be deposited into the Fund. This Fund shall be used and
6administered by the Agency for the purposes stated below:
7 (1) To accept funds from persons who purchase NOx
8 allowances from the New Source Set Aside from the Agency;
9 (2) To disburse the proceeds of the sale of the NOx
10 allowances from the New Source Set Aside, to the extent
11 that proceeds remain after the Agency has recouped the
12 reasonable costs incurred by the Agency in the
13 administration of the NOx SIP Call Program, pro-rata to
14 the owners or operators of the EGUs that received
15 allowances from the Agency but not from the Agency's New
16 Source Set Aside, in accordance with regulations that may
17 be promulgated by the Agency; and
18 (3) To finance the reasonable costs incurred by the
19 Agency in the administration of the NOx SIP Call Program.
20 (j) Moneys generated from the sale of early reduction
21credits shall be deposited into the Clean Air Act Permit Fund
22created pursuant to Section 39.5(18)(d) of this Act, and the
23proceeds shall be used and administered by the Agency to
24finance the costs associated with the Clean Air Act Permit
25Program.
26(Source: P.A. 92-12, eff. 7-1-01; 92-279, eff. 8-7-01; 93-669,

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1eff. 3-19-04.)
2 (415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
3 Sec. 22.8. Environmental Protection Permit and Inspection
4Fund.
5 (a) There is hereby created in the State Treasury a
6special fund to be known as the Environmental Protection
7Permit and Inspection Fund. All fees collected by the Agency
8pursuant to this Section, Section 9.6, 12.2, 16.1, 56.4, 56.5,
956.6, and subsection (f) of Section 5 of this Act, or pursuant
10to Section 22 of the Public Water Supply Operations Act or
11Section 1011 of the Solid Waste Site Operator Certification
12Law, as well as funds collected under subsection (b.5) of
13Section 42 of this Act, shall be deposited into the Fund. In
14addition to any monies appropriated from the General Revenue
15Fund, monies in the Fund shall be appropriated by the General
16Assembly to the Agency in amounts deemed necessary for
17manifest, permit, and inspection activities and for performing
18its functions, powers, and duties under the Solid Waste Site
19Operator Certification Law.
20 The General Assembly may appropriate monies in the Fund
21deemed necessary for Board regulatory and adjudicatory
22proceedings.
23 (a-5) (Blank). As soon as practicable after the effective
24date of this amendatory Act of the 98th General Assembly, but
25no later than January 1, 2014, the State Comptroller shall

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1direct and the State Treasurer shall transfer all monies in
2the Industrial Hygiene Regulatory and Enforcement Fund to the
3Environmental Protection Permit and Inspection Fund to be used
4in accordance with the terms of the Environmental Protection
5Permit and Inspection Fund.
6 (a-6) (Blank). As soon as practicable after the effective
7date of this amendatory Act of the 98th General Assembly, but
8no later than December 31, 2014, the State Comptroller shall
9order the transfer of, and the State Treasurer shall transfer,
10all moneys in the Hazardous Waste Occupational Licensing Fund
11into the Environmental Protection Permit and Inspection Fund
12to be used in accordance with the terms of the Environmental
13Protection Permit and Inspection Fund.
14 (b) The Agency shall collect from the owner or operator of
15any of the following types of hazardous waste disposal sites
16or management facilities which require a RCRA permit under
17subsection (f) of Section 21 of this Act, or a UIC permit under
18subsection (g) of Section 12 of this Act, an annual fee in the
19amount of:
20 (1) $35,000 ($70,000 beginning in 2004) for a
21 hazardous waste disposal site receiving hazardous waste if
22 the hazardous waste disposal site is located off the site
23 where such waste was produced;
24 (2) $9,000 ($18,000 beginning in 2004) for a hazardous
25 waste disposal site receiving hazardous waste if the
26 hazardous waste disposal site is located on the site where

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1 such waste was produced;
2 (3) $7,000 ($14,000 beginning in 2004) for a hazardous
3 waste disposal site receiving hazardous waste if the
4 hazardous waste disposal site is an underground injection
5 well;
6 (4) $2,000 ($4,000 beginning in 2004) for a hazardous
7 waste management facility treating hazardous waste by
8 incineration;
9 (5) $1,000 ($2,000 beginning in 2004) for a hazardous
10 waste management facility treating hazardous waste by a
11 method, technique or process other than incineration;
12 (6) $1,000 ($2,000 beginning in 2004) for a hazardous
13 waste management facility storing hazardous waste in a
14 surface impoundment or pile;
15 (7) $250 ($500 beginning in 2004) for a hazardous
16 waste management facility storing hazardous waste other
17 than in a surface impoundment or pile; and
18 (8) Beginning in 2004, $500 for a large quantity
19 hazardous waste generator required to submit an annual or
20 biennial report for hazardous waste generation.
21 (c) Where two or more operational units are located within
22a single hazardous waste disposal site, the Agency shall
23collect from the owner or operator of such site an annual fee
24equal to the highest fee imposed by subsection (b) of this
25Section upon any single operational unit within the site.
26 (d) The fee imposed upon a hazardous waste disposal site

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1under this Section shall be the exclusive permit and
2inspection fee applicable to hazardous waste disposal at such
3site, provided that nothing in this Section shall be construed
4to diminish or otherwise affect any fee imposed upon the owner
5or operator of a hazardous waste disposal site by Section
622.2.
7 (e) The Agency shall establish procedures, no later than
8December 1, 1984, relating to the collection of the hazardous
9waste disposal site fees authorized by this Section. Such
10procedures shall include, but not be limited to the time and
11manner of payment of fees to the Agency, which shall be
12quarterly, payable at the beginning of each quarter for
13hazardous waste disposal site fees. Annual fees required under
14paragraph (7) of subsection (b) of this Section shall
15accompany the annual report required by Board regulations for
16the calendar year for which the report applies.
17 (f) For purposes of this Section, a hazardous waste
18disposal site consists of one or more of the following
19operational units:
20 (1) a landfill receiving hazardous waste for disposal;
21 (2) a waste pile or surface impoundment, receiving
22 hazardous waste, in which residues which exhibit any of
23 the characteristics of hazardous waste pursuant to Board
24 regulations are reasonably expected to remain after
25 closure;
26 (3) a land treatment facility receiving hazardous

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1 waste; or
2 (4) a well injecting hazardous waste.
3 (g) The Agency shall assess a fee for each manifest
4provided by the Agency. For manifests provided on or after
5January 1, 1989 but before July 1, 2003, the fee shall be $1
6per manifest. For manifests provided on or after July 1, 2003,
7the fee shall be $3 per manifest.
8(Source: P.A. 98-78, eff. 7-15-13; 98-692, eff. 7-1-14;
998-822, eff. 8-1-14.)
10 Section 20-75. The Toxic Pollution Prevention Act is
11amended by changing Section 5 as follows:
12 (415 ILCS 85/5) (from Ch. 111 1/2, par. 7955)
13 Sec. 5. Toxic Pollution Prevention Assistance Program.
14There is hereby established a Toxic Pollution Prevention
15Assistance Program at the Illinois Sustainable Technology
16Center. The Center may establish cooperative programs with
17public and private colleges and universities designed to
18augment the implementation of this Section. The Center may
19establish fees, tuition, or other financial charges for
20participation in the Assistance Program. These monies shall be
21deposited in the Toxic Pollution Prevention Fund established
22in Section 7 of this Act. Through the Assistance Program, the
23Center:
24 (1) Shall provide general information about and

HB5186 Enrolled- 161 -LRB102 24774 RJF 34017 b
1 actively publicize the advantages of and developments in
2 toxic pollution prevention and sustainability practices.
3 (2) May establish courses, seminars, conferences and
4 other events, and reports, updates, guides and other
5 publications and other means of providing technical
6 information for industries, local governments and citizens
7 concerning toxic pollution prevention strategies, and may,
8 as appropriate, work in cooperation with the Agency.
9 (3) Shall engage in research on toxic pollution
10 prevention methods. Such research shall include
11 assessments of the impact of adopting toxic pollution
12 prevention methods on the environment, the public health,
13 and worker exposure, and assessments of the impact on
14 profitability and employment within affected industries.
15 (4) Shall provide on-site technical consulting, to the
16 extent practicable, to help facilities to identify
17 opportunities for toxic pollution prevention, and to
18 develop comprehensive toxic pollution prevention plans
19 that would include water, energy, and solid waste. To be
20 eligible for such consulting, the owner or operator of a
21 facility must agree to allow information regarding the
22 results of such consulting to be shared with the public,
23 provided that the identity of the facility shall be made
24 available only with its consent, and trade secret
25 information shall remain protected.
26 (5) May sponsor pilot projects in cooperation with the

HB5186 Enrolled- 162 -LRB102 24774 RJF 34017 b
1 Agency, or an institute of higher education to develop and
2 demonstrate innovative technologies and methods for toxic
3 pollution prevention and sustainable development. The
4 results of all such projects shall be available for use by
5 the public, but trade secret information shall remain
6 protected.
7 (6) May award grants for activities that further the
8 purposes of this Act, including but not limited to the
9 following:
10 (A) grants to not-for-profit organizations to
11 establish free or low-cost technical assistance or
12 educational programs to supplement the toxic pollution
13 prevention activities of the Center;
14 (B) grants to assist trade associations, business
15 organizations, labor organizations and educational
16 institutions in developing training materials to
17 foster toxic pollution prevention; and
18 (C) grants to assist industry, business
19 organizations, labor organizations, education
20 institutions and industrial hygienists to identify,
21 evaluate and implement toxic pollution prevention
22 measures and alternatives through audits, plans and
23 programs.
24 The Center may establish criteria and terms for such
25 grants, including a requirement that a grantee provide
26 matching funds. Grant money awarded under this Section may

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1 not be spent for capital improvements or equipment.
2 In determining whether to award a grant, the Center
3 shall consider at least the following:
4 (i) the potential of the project to prevent
5 pollution;
6 (ii) the likelihood that the project will develop
7 techniques or processes that will minimize the
8 transfer of pollution from one environmental medium to
9 another;
10 (iii) the extent to which information to be
11 developed through the project will be applicable to
12 other persons in the State; and
13 (iv) the willingness of the grant applicant to
14 assist the Center in disseminating information about
15 the pollution prevention methods to be developed
16 through the project.
17 (7) Shall establish and operate a State information
18 clearinghouse that assembles, catalogues and disseminates
19 information about toxic pollution prevention and available
20 consultant services. Such clearinghouse shall include a
21 computer database containing information on managerial,
22 technical and operational approaches to achieving toxic
23 pollution prevention. The computer database must be
24 maintained on a system designed to enable businesses,
25 governmental agencies and the general public readily to
26 obtain information specific to production technologies,

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1 materials, operations and products. A business shall not
2 be required to submit to the clearinghouse any information
3 that is a trade secret.
4 (8) May contract with an established institution of
5 higher education to assist the Center in carrying out the
6 provisions of this Section. The assistance provided by
7 such an institution may include, but need not be limited
8 to:
9 (A) engineering field internships to assist
10 industries in identifying toxic pollution prevention
11 opportunities;
12 (B) development of a toxic pollution prevention
13 curriculum for students and faculty; and
14 (C) applied toxic pollution prevention and
15 recycling research.
16 (9) Shall emphasize assistance to businesses that have
17 inadequate technical and financial resources to obtain
18 information and to assess and implement toxic pollution
19 prevention methods.
20 (10) Shall publish a biannual report on its toxic
21 pollution prevention and sustainable development
22 activities, achievements, identified problems and future
23 goals.
24(Source: P.A. 98-346, eff. 8-14-13.)
25 Section 20-80. The Illinois Endangered Species Protection

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1Act is amended by changing Section 10 as follows:
2 (520 ILCS 10/10) (from Ch. 8, par. 340)
3 Sec. 10. The Endangered and Threatened Species Program
4shall be located within the Department of Conservation. All
5fines collected under this Act shall be paid to the State
6Treasurer and deposited in the Illinois Wildlife Preservation
7Nongame Wildlife Conservation Fund.
8(Source: P.A. 84-1065.)
9 Section 20-85. The Illinois Vehicle Code is amended by
10changing Section 11-1429 as follows:
11 (625 ILCS 5/11-1429)
12 Sec. 11-1429. Excessive idling.
13 (a) The purpose of this law is to protect public health and
14the environment by reducing emissions while conserving fuel
15and maintaining adequate rest and safety of all drivers of
16diesel vehicles.
17 (b) As used in this Section, "affected areas" means the
18counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison,
19St. Clair, and Monroe and the townships of Aux Sable and Goose
20Lake in Grundy County and the township of Oswego in Kendall
21County.
22 (c) A person that operates a motor vehicle operating on
23diesel fuel in an affected area may not cause or allow the

HB5186 Enrolled- 166 -LRB102 24774 RJF 34017 b
1motor vehicle, when it is not in motion, to idle for more than
2a total of 10 minutes within any 60 minute period, except under
3the following circumstances:
4 (1) the motor vehicle has a Gross Vehicle Weight
5 Rating of less than 8,000 pounds;
6 (2) the motor vehicle idles while forced to remain
7 motionless because of on-highway traffic, an official
8 traffic control device or signal, or at the direction of a
9 law enforcement official;
10 (3) the motor vehicle idles when operating defrosters,
11 heaters, air conditioners, or other equipment solely to
12 prevent a safety or health emergency;
13 (4) a police, fire, ambulance, public safety, other
14 emergency or law enforcement motor vehicle, or any motor
15 vehicle used in an emergency capacity, idles while in an
16 emergency or training mode and not for the convenience of
17 the vehicle operator;
18 (5) the primary propulsion engine idles for
19 maintenance, servicing, repairing, or diagnostic purposes
20 if idling is necessary for such activity;
21 (6) a motor vehicle idles as part of a government
22 inspection to verify that all equipment is in good working
23 order, provided idling is required as part of the
24 inspection;
25 (7) when idling of the motor vehicle is required to
26 operate auxiliary equipment to accomplish the intended use

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1 of the vehicle (such as loading, unloading, mixing, or
2 processing cargo; controlling cargo temperature;
3 construction operations; lumbering operations; oil or gas
4 well servicing; or farming operations), provided that this
5 exemption does not apply when the vehicle is idling solely
6 for cabin comfort or to operate non-essential equipment
7 such as air conditioning, heating, microwave ovens, or
8 televisions;
9 (8) an armored motor vehicle idles when a person
10 remains inside the vehicle to guard the contents, or while
11 the vehicle is being loaded or unloaded;
12 (9) a bus idles a maximum of 15 minutes in any 60
13 minute period to maintain passenger comfort while
14 non-driver passengers are on board;
15 (10) if the motor vehicle has a sleeping berth, when
16 the operator is occupying the vehicle during a rest or
17 sleep period and idling of the vehicle is required to
18 operate air conditioning or heating;
19 (11) when the motor vehicle idles due to mechanical
20 difficulties over which the operator has no control;
21 (12) the motor vehicle is used as airport ground
22 support equipment, including, but not limited to, motor
23 vehicles operated on the air side of the airport terminal
24 to service or supply aircraft;
25 (13) the motor vehicle is (i) a bus owned by a public
26 transit authority and (ii) being operated on a designated

HB5186 Enrolled- 168 -LRB102 24774 RJF 34017 b
1 bus route or on a street or highway between designated bus
2 routes for the provision of public transportation;
3 (14) the motor vehicle is an implement of husbandry
4 exempt from registration under subdivision A(2) of Section
5 3-402 of this Code;
6 (15) the motor vehicle is owned by an electric utility
7 and is operated for electricity generation or hydraulic
8 pressure to power equipment necessary in the restoration,
9 repair, modification or installation of electric utility
10 service;
11 (16) the outdoor temperature is less than 32 degrees
12 Fahrenheit or greater than 80 degrees Fahrenheit; or
13 (17) the motor vehicle idles while being operated by a
14 remote starter system.
15 (d) When the outdoor temperature is 32 degrees Fahrenheit
16or higher and 80 degrees Fahrenheit or lower, a person who
17operates a motor vehicle operating on diesel fuel in an
18affected area may not cause or allow the motor vehicle to idle
19for a period greater than 30 minutes in any 60 minute period
20while waiting to weigh, load, or unload cargo or freight,
21unless the vehicle is in a line of vehicles that regularly and
22periodically moves forward.
23 (e) This Section does not prohibit the operation of an
24auxiliary power unit or generator set as an alternative to
25idling the main engine of a motor vehicle operating on diesel
26fuel.

HB5186 Enrolled- 169 -LRB102 24774 RJF 34017 b
1 (f) This Section does not apply to the owner of a motor
2vehicle rented or leased to another entity or person operating
3the vehicle.
4 (g) Any person convicted of any violation of this Section
5is guilty of a petty offense and shall be fined $90 for the
6first conviction and $500 for a second or subsequent
7conviction within any 12 month period.
8 (h) Fines; distribution. All fines and all penalties
9collected under this Section shall be deposited in the State
10Treasury and shall be distributed as follows: (i) $50 for the
11first conviction and $150 for a second or subsequent
12conviction within any 12 month period under this Section shall
13be deposited into the State's General Revenue Fund; (ii) $20
14for the first conviction and $262.50 for a second or
15subsequent conviction within any 12 month period under this
16Section shall be distributed to the law enforcement agency
17that issued the citation; and (iii) $20 for the first
18conviction and $87.50 for a second or subsequent conviction
19within any 12 month period under this Section shall be
20deposited into the Vehicle Inspection Trucking Environmental
21and Education Fund.
22 (i) (Blank). The Trucking Environmental and Education Fund
23is created as a special fund in the State Treasury. All money
24deposited into the Trucking Environmental and Education Fund
25shall be paid, subject to appropriation by the General
26Assembly, to the Illinois Environmental Protection Agency for

HB5186 Enrolled- 170 -LRB102 24774 RJF 34017 b
1the purpose of educating the trucking industry on air
2pollution and preventative measures specifically related to
3idling. Any interest earned on deposits into the Fund shall
4remain in the Fund and be used for the purposes set forth in
5this subsection. Notwithstanding any other law to the
6contrary, the Fund is not subject to administrative charges or
7charge-backs that would in any way transfer moneys from the
8Fund into any other fund of the State.
9 (j) Notwithstanding any other provision of this Section, a
10person who operates a motor vehicle with a gross vehicle
11weight rating of 8,000 pounds or more operating on diesel fuel
12on property that (i) offers paid parking services to vehicle
13owners, (ii) does not involve fuel dispensing, and (iii) is
14located in an affected area within a county of over 3 million
15residents but outside of a municipality of over 2 million
16residents may not cause or allow the motor vehicle, when it is
17not in motion, to idle for more than a total of 10 minutes
18within any 60-minute period under any circumstances if the
19vehicle is within 200 feet of a residential area. This Section
20may be enforced by either the law enforcement agency having
21jurisdiction over the residential area or the law enforcement
22agency having jurisdiction over the property on which the
23violation took place. This subsection does not apply to:
24 (1) school buses;
25 (2) waste hauling vehicles;
26 (3) facilities operated by the Department of

HB5186 Enrolled- 171 -LRB102 24774 RJF 34017 b
1 Transportation;
2 (4) vehicles owned by a public utility and operated to
3 power equipment necessary in the restoration, repair,
4 modification, or installation of a utility service; or
5 (5) ambulances.
6(Source: P.A. 100-435, eff. 8-25-17; 101-319, eff. 1-1-20.)
7 Section 20-90. The Unified Code of Corrections is amended
8by changing Section 5-9-1.8 as follows:
9 (730 ILCS 5/5-9-1.8)
10 Sec. 5-9-1.8. Child pornography fines. Beginning July 1,
112006, 100% of the fines in excess of $10,000 collected for
12violations of Section 11-20.1 of the Criminal Code of 1961 or
13the Criminal Code of 2012 shall be deposited into the Child
14Abuse Prevention Fund that is created in the State Treasury.
15Moneys in the Fund resulting from the fines shall be for the
16use of the Department of Children and Family Services for
17grants to private entities giving treatment and counseling to
18victims of child sexual abuse.
19 Notwithstanding any other provision of law, in addition to
20any other transfers that may be provided by law, on July 1,
212006, or as soon thereafter as practical, the State
22Comptroller shall direct and the State Treasurer shall
23transfer the remaining balance from the Child Sexual Abuse
24Fund into the Child Abuse Prevention Fund. Upon completion of

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1the transfer, the Child Sexual Abuse Fund is dissolved, and
2any future deposits due to that Fund and any outstanding
3obligations or liabilities of the Fund pass to the Child Abuse
4Prevention Fund.
5(Source: P.A. 97-1150, eff. 1-25-13.)
6 Section 20-95. The Franchise Tax and License Fee Amnesty
7Act of 2007 is amended by changing Section 5-10 as follows:
8 (805 ILCS 8/5-10)
9 Sec. 5-10. Amnesty program. The Secretary shall establish
10an amnesty program for all taxpayers owing any franchise tax
11or license fee imposed by Article XV of the Business
12Corporation Act of 1983. The amnesty program shall be for a
13period from February 1, 2008 through March 15, 2008. The
14amnesty program shall also be for a period between October 1,
152019 and November 15, 2019, and shall apply to franchise tax or
16license fee liabilities for any tax period ending after March
1715, 2008 and on or before June 30, 2019. The amnesty program
18shall provide that, upon payment by a taxpayer of all
19franchise taxes and license fees due from that taxpayer to the
20State of Illinois for any taxable period, the Secretary shall
21abate and not seek to collect any interest or penalties that
22may be applicable, and the Secretary shall not seek civil or
23criminal prosecution for any taxpayer for the period of time
24for which amnesty has been granted to the taxpayer. Failure to

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1pay all taxes due to the State for a taxable period shall not
2invalidate any amnesty granted under this Act with respect to
3the taxes paid pursuant to the amnesty program. Amnesty shall
4be granted only if all amnesty conditions are satisfied by the
5taxpayer. Amnesty shall not be granted to taxpayers who are a
6party to any criminal investigation or to any civil or
7criminal litigation that is pending in any circuit court or
8appellate court or the Supreme Court of this State for
9nonpayment, delinquency, or fraud in relation to any franchise
10tax or license fee imposed by Article XV of the Business
11Corporation Act of 1983. Voluntary payments made under this
12Act shall be made by check, guaranteed remittance, or ACH
13debit. The Secretary shall adopt rules as necessary to
14implement the provisions of this Act. Except as otherwise
15provided in this Section, all money collected under this Act
16that would otherwise be deposited into the General Revenue
17Fund shall be deposited into the General Revenue Fund. Two
18percent of all money collected under this Act shall be
19deposited by the State Treasurer into the Department of
20Business Services Special Operations Fund and, subject to
21appropriation, shall be used by the Secretary to cover costs
22associated with the administration of this Act.
23(Source: P.A. 101-9, eff. 6-5-19; 101-604, eff. 12-13-19.)
24 Section 20-100. The Consumer Fraud and Deceptive Business
25Practices Act is amended by changing Section 7 as follows:

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1 (815 ILCS 505/7) (from Ch. 121 1/2, par. 267)
2 Sec. 7. Injunctive relief; restitution; and civil
3penalties.
4 (a) Whenever the Attorney General or a State's Attorney
5has reason to believe that any person is using, has used, or is
6about to use any method, act or practice declared by this Act
7to be unlawful, and that proceedings would be in the public
8interest, he or she may bring an action in the name of the
9People of the State against such person to restrain by
10preliminary or permanent injunction the use of such method,
11act or practice. The Court, in its discretion, may exercise
12all powers necessary, including but not limited to:
13injunction; revocation, forfeiture or suspension of any
14license, charter, franchise, certificate or other evidence of
15authority of any person to do business in this State;
16appointment of a receiver; dissolution of domestic
17corporations or association suspension or termination of the
18right of foreign corporations or associations to do business
19in this State; and restitution.
20 (b) In addition to the remedies provided herein, the
21Attorney General or State's Attorney may request and the Court
22may impose a civil penalty in a sum not to exceed $50,000
23against any person found by the Court to have engaged in any
24method, act or practice declared unlawful under this Act. In
25the event the court finds the method, act or practice to have

HB5186 Enrolled- 175 -LRB102 24774 RJF 34017 b
1been entered into with the intent to defraud, the court has the
2authority to impose a civil penalty in a sum not to exceed
3$50,000 per violation.
4 (c) In addition to any other civil penalty provided in
5this Section, if a person is found by the court to have engaged
6in any method, act, or practice declared unlawful under this
7Act, and the violation was committed against a person 65 years
8of age or older, the court may impose an additional civil
9penalty not to exceed $10,000 for each violation.
10 A civil penalty imposed under this subsection (c) shall be
11paid to the State Treasurer who shall deposit the money in the
12State treasury in a special fund designated the Department on
13Aging State Projects Elderly Victim Fund. The Treasurer shall
14deposit such moneys into the Fund monthly. All of the moneys
15deposited into the Fund shall be appropriated to the
16Department on Aging for grants to senior centers in Illinois.
17 An award of restitution under subsection (a) has priority
18over a civil penalty imposed by the court under this
19subsection.
20 In determining whether to impose a civil penalty under
21this subsection and the amount of any penalty, the court shall
22consider the following:
23 (1) Whether the defendant's conduct was in willful
24 disregard of the rights of the person 65 years of age or
25 older.
26 (2) Whether the defendant knew or should have known

HB5186 Enrolled- 176 -LRB102 24774 RJF 34017 b
1 that the defendant's conduct was directed to a person 65
2 years of age or older.
3 (3) Whether the person 65 years of age or older was
4 substantially more vulnerable to the defendant's conduct
5 because of age, poor health, infirmity, impaired
6 understanding, restricted mobility, or disability, than
7 other persons.
8 (4) Any other factors the court deems appropriate.
9 (d) This Section applies if: (i) a court orders a party to
10make payments to the Attorney General and the payments are to
11be used for the operations of the Office of the Attorney
12General or (ii) a party agrees, in an Assurance of Voluntary
13Compliance under this Act, to make payments to the Attorney
14General for the operations of the Office of the Attorney
15General.
16 (e) Moneys paid under any of the conditions described in
17subsection (d) shall be deposited into the Attorney General
18Court Ordered and Voluntary Compliance Payment Projects Fund,
19which is created as a special fund in the State Treasury.
20Moneys in the Fund shall be used, subject to appropriation,
21for the performance of any function pertaining to the exercise
22of the duties of the Attorney General including but not
23limited to enforcement of any law of this State and conducting
24public education programs; however, any moneys in the Fund
25that are required by the court or by an agreement to be used
26for a particular purpose shall be used for that purpose.

HB5186 Enrolled- 177 -LRB102 24774 RJF 34017 b
1(Source: P.A. 93-246, eff. 7-22-03.)
2
ARTICLE 25. FINANCE-SPECIAL FUNDS REPEAL
3 (20 ILCS 690/Act rep.)
4 Section 25-5. The Rural Diversification Act is repealed.
5 (20 ILCS 1305/10-20 rep.)
6 Section 25-10. The Department of Human Services Act is
7amended by repealing Section 10-20.
8 (20 ILCS 2310/2310-370 rep.)
9 Section 25-15. The Department of Public Health Powers and
10Duties Law of the Civil Administrative Code of Illinois is
11amended by repealing Section 2310-370.
12 (20 ILCS 2705/2705-610 rep.)
13 Section 25-20. The Department of Transportation Law of the
14Civil Administrative Code of Illinois is amended by repealing
15Section 2705-610.
16 (20 ILCS 3930/9.2 rep.)
17 Section 25-25. The Illinois Criminal Justice Information
18Act is amended by repealing Section 9.2.
19 (30 ILCS 105/5.216 rep.)

HB5186 Enrolled- 178 -LRB102 24774 RJF 34017 b
1 (30 ILCS 105/5.480 rep.)
2 (30 ILCS 105/5.502 rep.)
3 (30 ILCS 105/5.524 rep.)
4 (30 ILCS 105/5.578 rep.)
5 (30 ILCS 105/5.638 rep.)
6 (30 ILCS 105/5.655 rep.)
7 (30 ILCS 105/5.662 rep.)
8 (30 ILCS 105/5.718 rep.)
9 (30 ILCS 105/5.732 rep.)
10 (30 ILCS 105/5.838 rep.)
11 (30 ILCS 105/5.917 rep.)
12 (30 ILCS 105/5.923 rep.)
13 (30 ILCS 105/5.925 rep.)
14 (30 ILCS 105/6y rep.)
15 (30 ILCS 105/6z-68 rep.)
16 (30 ILCS 105/6z-71 rep.)
17 (30 ILCS 105/8.8b rep.)
18 (30 ILCS 105/8.23 rep.)
19 (30 ILCS 105/8.25b rep.)
20 (30 ILCS 105/8.25d rep.)
21 (30 ILCS 105/8.41 rep.)
22 (30 ILCS 105/8.42 rep.)
23 (30 ILCS 105/8.43 rep.)
24 (30 ILCS 105/8.44 rep.)
25 (30 ILCS 105/8.45 rep.)
26 (30 ILCS 105/8.46 rep.)

HB5186 Enrolled- 179 -LRB102 24774 RJF 34017 b
1 (30 ILCS 105/8.47 rep.)
2 (30 ILCS 105/8.48 rep.)
3 (30 ILCS 105/8.49 rep.)
4 (30 ILCS 105/8.50 rep.)
5 (30 ILCS 105/8.52 rep.)
6 (30 ILCS 105/8.55 rep.)
7 (30 ILCS 105/8d rep.)
8 (30 ILCS 105/8e rep.)
9 (30 ILCS 105/8h rep.)
10 (30 ILCS 105/8i rep.)
11 (30 ILCS 105/8m rep.)
12 (30 ILCS 105/8n rep.)
13 (30 ILCS 105/8o rep.)
14 (30 ILCS 105/9.07 rep.)
15 (30 ILCS 105/8r rep.)
16 (30 ILCS 105/14.2 rep.)
17 (30 ILCS 105/24.12 rep.)
18 (30 ILCS 105/24.13 rep.)
19 (30 ILCS 105/25.2 rep.)
20 (30 ILCS 105/25.5 rep.)
21 Section 25-30. The State Finance Act is amended by
22repealing Sections 5.216, 5.480, 5.502, 5.524, 5.578, 5.638,
235.655, 5.662, 5.718, 5.732, 5.838, 5.917, 5.923, 5.925, 6y,
246z-68, 6z-71, 8.8b, 8.23, 8.25b, 8.25d, 8.41, 8.42, 8.43,
258.44, 8.45, 8.46, 8.47, 8.48, 8.49, 8.50, 8.52, 8.55, 8d, 8e,
268h, 8i, 8m, 8n, 8o, 9.07, 8r, 14.2, 24.12, 24.13, 25.2, and

HB5186 Enrolled- 180 -LRB102 24774 RJF 34017 b
125.5.
2 (30 ILCS 605/8.2 rep.)
3 Section 25-35. The State Property Control Act is amended
4by repealing Section 8.2.
5 (30 ILCS 750/Art. 3 rep.)
6 Section 25-40. The Build Illinois Act is amended by
7repealing Article 3.
8 (415 ILCS 85/7 rep.)
9 Section 25-45. The Toxic Pollution Prevention Act is
10amended by repealing Section 7.
11 (430 ILCS 65/5.1 rep.)
12 Section 25-50. The Firearm Owners Identification Card Act
13is amended by repealing Section 5.1.
14
ARTICLE 30. COMMUNITY CARE PROGRAM
15 Section 30-5. The Illinois Act on the Aging is amended by
16changing Section 4.02 as follows:
17 (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
18 Sec. 4.02. Community Care Program. The Department shall
19establish a program of services to prevent unnecessary

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1institutionalization of persons age 60 and older in need of
2long term care or who are established as persons who suffer
3from Alzheimer's disease or a related disorder under the
4Alzheimer's Disease Assistance Act, thereby enabling them to
5remain in their own homes or in other living arrangements.
6Such preventive services, which may be coordinated with other
7programs for the aged and monitored by area agencies on aging
8in cooperation with the Department, may include, but are not
9limited to, any or all of the following:
10 (a) (blank);
11 (b) (blank);
12 (c) home care aide services;
13 (d) personal assistant services;
14 (e) adult day services;
15 (f) home-delivered meals;
16 (g) education in self-care;
17 (h) personal care services;
18 (i) adult day health services;
19 (j) habilitation services;
20 (k) respite care;
21 (k-5) community reintegration services;
22 (k-6) flexible senior services;
23 (k-7) medication management;
24 (k-8) emergency home response;
25 (l) other nonmedical social services that may enable
26 the person to become self-supporting; or

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1 (m) clearinghouse for information provided by senior
2 citizen home owners who want to rent rooms to or share
3 living space with other senior citizens.
4 The Department shall establish eligibility standards for
5such services. In determining the amount and nature of
6services for which a person may qualify, consideration shall
7not be given to the value of cash, property or other assets
8held in the name of the person's spouse pursuant to a written
9agreement dividing marital property into equal but separate
10shares or pursuant to a transfer of the person's interest in a
11home to his spouse, provided that the spouse's share of the
12marital property is not made available to the person seeking
13such services.
14 Beginning January 1, 2008, the Department shall require as
15a condition of eligibility that all new financially eligible
16applicants apply for and enroll in medical assistance under
17Article V of the Illinois Public Aid Code in accordance with
18rules promulgated by the Department.
19 The Department shall, in conjunction with the Department
20of Public Aid (now Department of Healthcare and Family
21Services), seek appropriate amendments under Sections 1915 and
221924 of the Social Security Act. The purpose of the amendments
23shall be to extend eligibility for home and community based
24services under Sections 1915 and 1924 of the Social Security
25Act to persons who transfer to or for the benefit of a spouse
26those amounts of income and resources allowed under Section

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11924 of the Social Security Act. Subject to the approval of
2such amendments, the Department shall extend the provisions of
3Section 5-4 of the Illinois Public Aid Code to persons who, but
4for the provision of home or community-based services, would
5require the level of care provided in an institution, as is
6provided for in federal law. Those persons no longer found to
7be eligible for receiving noninstitutional services due to
8changes in the eligibility criteria shall be given 45 days
9notice prior to actual termination. Those persons receiving
10notice of termination may contact the Department and request
11the determination be appealed at any time during the 45 day
12notice period. The target population identified for the
13purposes of this Section are persons age 60 and older with an
14identified service need. Priority shall be given to those who
15are at imminent risk of institutionalization. The services
16shall be provided to eligible persons age 60 and older to the
17extent that the cost of the services together with the other
18personal maintenance expenses of the persons are reasonably
19related to the standards established for care in a group
20facility appropriate to the person's condition. These
21non-institutional services, pilot projects or experimental
22facilities may be provided as part of or in addition to those
23authorized by federal law or those funded and administered by
24the Department of Human Services. The Departments of Human
25Services, Healthcare and Family Services, Public Health,
26Veterans' Affairs, and Commerce and Economic Opportunity and

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1other appropriate agencies of State, federal and local
2governments shall cooperate with the Department on Aging in
3the establishment and development of the non-institutional
4services. The Department shall require an annual audit from
5all personal assistant and home care aide vendors contracting
6with the Department under this Section. The annual audit shall
7assure that each audited vendor's procedures are in compliance
8with Department's financial reporting guidelines requiring an
9administrative and employee wage and benefits cost split as
10defined in administrative rules. The audit is a public record
11under the Freedom of Information Act. The Department shall
12execute, relative to the nursing home prescreening project,
13written inter-agency agreements with the Department of Human
14Services and the Department of Healthcare and Family Services,
15to effect the following: (1) intake procedures and common
16eligibility criteria for those persons who are receiving
17non-institutional services; and (2) the establishment and
18development of non-institutional services in areas of the
19State where they are not currently available or are
20undeveloped. On and after July 1, 1996, all nursing home
21prescreenings for individuals 60 years of age or older shall
22be conducted by the Department.
23 As part of the Department on Aging's routine training of
24case managers and case manager supervisors, the Department may
25include information on family futures planning for persons who
26are age 60 or older and who are caregivers of their adult

HB5186 Enrolled- 185 -LRB102 24774 RJF 34017 b
1children with developmental disabilities. The content of the
2training shall be at the Department's discretion.
3 The Department is authorized to establish a system of
4recipient copayment for services provided under this Section,
5such copayment to be based upon the recipient's ability to pay
6but in no case to exceed the actual cost of the services
7provided. Additionally, any portion of a person's income which
8is equal to or less than the federal poverty standard shall not
9be considered by the Department in determining the copayment.
10The level of such copayment shall be adjusted whenever
11necessary to reflect any change in the officially designated
12federal poverty standard.
13 The Department, or the Department's authorized
14representative, may recover the amount of moneys expended for
15services provided to or in behalf of a person under this
16Section by a claim against the person's estate or against the
17estate of the person's surviving spouse, but no recovery may
18be had until after the death of the surviving spouse, if any,
19and then only at such time when there is no surviving child who
20is under age 21 or blind or who has a permanent and total
21disability. This paragraph, however, shall not bar recovery,
22at the death of the person, of moneys for services provided to
23the person or in behalf of the person under this Section to
24which the person was not entitled; provided that such recovery
25shall not be enforced against any real estate while it is
26occupied as a homestead by the surviving spouse or other

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1dependent, if no claims by other creditors have been filed
2against the estate, or, if such claims have been filed, they
3remain dormant for failure of prosecution or failure of the
4claimant to compel administration of the estate for the
5purpose of payment. This paragraph shall not bar recovery from
6the estate of a spouse, under Sections 1915 and 1924 of the
7Social Security Act and Section 5-4 of the Illinois Public Aid
8Code, who precedes a person receiving services under this
9Section in death. All moneys for services paid to or in behalf
10of the person under this Section shall be claimed for recovery
11from the deceased spouse's estate. "Homestead", as used in
12this paragraph, means the dwelling house and contiguous real
13estate occupied by a surviving spouse or relative, as defined
14by the rules and regulations of the Department of Healthcare
15and Family Services, regardless of the value of the property.
16 The Department shall increase the effectiveness of the
17existing Community Care Program by:
18 (1) ensuring that in-home services included in the
19 care plan are available on evenings and weekends;
20 (2) ensuring that care plans contain the services that
21 eligible participants need based on the number of days in
22 a month, not limited to specific blocks of time, as
23 identified by the comprehensive assessment tool selected
24 by the Department for use statewide, not to exceed the
25 total monthly service cost maximum allowed for each
26 service; the Department shall develop administrative rules

HB5186 Enrolled- 187 -LRB102 24774 RJF 34017 b
1 to implement this item (2);
2 (3) ensuring that the participants have the right to
3 choose the services contained in their care plan and to
4 direct how those services are provided, based on
5 administrative rules established by the Department;
6 (4) ensuring that the determination of need tool is
7 accurate in determining the participants' level of need;
8 to achieve this, the Department, in conjunction with the
9 Older Adult Services Advisory Committee, shall institute a
10 study of the relationship between the Determination of
11 Need scores, level of need, service cost maximums, and the
12 development and utilization of service plans no later than
13 May 1, 2008; findings and recommendations shall be
14 presented to the Governor and the General Assembly no
15 later than January 1, 2009; recommendations shall include
16 all needed changes to the service cost maximums schedule
17 and additional covered services;
18 (5) ensuring that homemakers can provide personal care
19 services that may or may not involve contact with clients,
20 including but not limited to:
21 (A) bathing;
22 (B) grooming;
23 (C) toileting;
24 (D) nail care;
25 (E) transferring;
26 (F) respiratory services;

HB5186 Enrolled- 188 -LRB102 24774 RJF 34017 b
1 (G) exercise; or
2 (H) positioning;
3 (6) ensuring that homemaker program vendors are not
4 restricted from hiring homemakers who are family members
5 of clients or recommended by clients; the Department may
6 not, by rule or policy, require homemakers who are family
7 members of clients or recommended by clients to accept
8 assignments in homes other than the client;
9 (7) ensuring that the State may access maximum federal
10 matching funds by seeking approval for the Centers for
11 Medicare and Medicaid Services for modifications to the
12 State's home and community based services waiver and
13 additional waiver opportunities, including applying for
14 enrollment in the Balance Incentive Payment Program by May
15 1, 2013, in order to maximize federal matching funds; this
16 shall include, but not be limited to, modification that
17 reflects all changes in the Community Care Program
18 services and all increases in the services cost maximum;
19 (8) ensuring that the determination of need tool
20 accurately reflects the service needs of individuals with
21 Alzheimer's disease and related dementia disorders;
22 (9) ensuring that services are authorized accurately
23 and consistently for the Community Care Program (CCP); the
24 Department shall implement a Service Authorization policy
25 directive; the purpose shall be to ensure that eligibility
26 and services are authorized accurately and consistently in

HB5186 Enrolled- 189 -LRB102 24774 RJF 34017 b
1 the CCP program; the policy directive shall clarify
2 service authorization guidelines to Care Coordination
3 Units and Community Care Program providers no later than
4 May 1, 2013;
5 (10) working in conjunction with Care Coordination
6 Units, the Department of Healthcare and Family Services,
7 the Department of Human Services, Community Care Program
8 providers, and other stakeholders to make improvements to
9 the Medicaid claiming processes and the Medicaid
10 enrollment procedures or requirements as needed,
11 including, but not limited to, specific policy changes or
12 rules to improve the up-front enrollment of participants
13 in the Medicaid program and specific policy changes or
14 rules to insure more prompt submission of bills to the
15 federal government to secure maximum federal matching
16 dollars as promptly as possible; the Department on Aging
17 shall have at least 3 meetings with stakeholders by
18 January 1, 2014 in order to address these improvements;
19 (11) requiring home care service providers to comply
20 with the rounding of hours worked provisions under the
21 federal Fair Labor Standards Act (FLSA) and as set forth
22 in 29 CFR 785.48(b) by May 1, 2013;
23 (12) implementing any necessary policy changes or
24 promulgating any rules, no later than January 1, 2014, to
25 assist the Department of Healthcare and Family Services in
26 moving as many participants as possible, consistent with

HB5186 Enrolled- 190 -LRB102 24774 RJF 34017 b
1 federal regulations, into coordinated care plans if a care
2 coordination plan that covers long term care is available
3 in the recipient's area; and
4 (13) maintaining fiscal year 2014 rates at the same
5 level established on January 1, 2013.
6 By January 1, 2009 or as soon after the end of the Cash and
7Counseling Demonstration Project as is practicable, the
8Department may, based on its evaluation of the demonstration
9project, promulgate rules concerning personal assistant
10services, to include, but need not be limited to,
11qualifications, employment screening, rights under fair labor
12standards, training, fiduciary agent, and supervision
13requirements. All applicants shall be subject to the
14provisions of the Health Care Worker Background Check Act.
15 The Department shall develop procedures to enhance
16availability of services on evenings, weekends, and on an
17emergency basis to meet the respite needs of caregivers.
18Procedures shall be developed to permit the utilization of
19services in successive blocks of 24 hours up to the monthly
20maximum established by the Department. Workers providing these
21services shall be appropriately trained.
22 Beginning on the effective date of this amendatory Act of
231991, no person may perform chore/housekeeping and home care
24aide services under a program authorized by this Section
25unless that person has been issued a certificate of
26pre-service to do so by his or her employing agency.

HB5186 Enrolled- 191 -LRB102 24774 RJF 34017 b
1Information gathered to effect such certification shall
2include (i) the person's name, (ii) the date the person was
3hired by his or her current employer, and (iii) the training,
4including dates and levels. Persons engaged in the program
5authorized by this Section before the effective date of this
6amendatory Act of 1991 shall be issued a certificate of all
7pre- and in-service training from his or her employer upon
8submitting the necessary information. The employing agency
9shall be required to retain records of all staff pre- and
10in-service training, and shall provide such records to the
11Department upon request and upon termination of the employer's
12contract with the Department. In addition, the employing
13agency is responsible for the issuance of certifications of
14in-service training completed to their employees.
15 The Department is required to develop a system to ensure
16that persons working as home care aides and personal
17assistants receive increases in their wages when the federal
18minimum wage is increased by requiring vendors to certify that
19they are meeting the federal minimum wage statute for home
20care aides and personal assistants. An employer that cannot
21ensure that the minimum wage increase is being given to home
22care aides and personal assistants shall be denied any
23increase in reimbursement costs.
24 The Community Care Program Advisory Committee is created
25in the Department on Aging. The Director shall appoint
26individuals to serve in the Committee, who shall serve at

HB5186 Enrolled- 192 -LRB102 24774 RJF 34017 b
1their own expense. Members of the Committee must abide by all
2applicable ethics laws. The Committee shall advise the
3Department on issues related to the Department's program of
4services to prevent unnecessary institutionalization. The
5Committee shall meet on a bi-monthly basis and shall serve to
6identify and advise the Department on present and potential
7issues affecting the service delivery network, the program's
8clients, and the Department and to recommend solution
9strategies. Persons appointed to the Committee shall be
10appointed on, but not limited to, their own and their agency's
11experience with the program, geographic representation, and
12willingness to serve. The Director shall appoint members to
13the Committee to represent provider, advocacy, policy
14research, and other constituencies committed to the delivery
15of high quality home and community-based services to older
16adults. Representatives shall be appointed to ensure
17representation from community care providers including, but
18not limited to, adult day service providers, homemaker
19providers, case coordination and case management units,
20emergency home response providers, statewide trade or labor
21unions that represent home care aides and direct care staff,
22area agencies on aging, adults over age 60, membership
23organizations representing older adults, and other
24organizational entities, providers of care, or individuals
25with demonstrated interest and expertise in the field of home
26and community care as determined by the Director.

HB5186 Enrolled- 193 -LRB102 24774 RJF 34017 b
1 Nominations may be presented from any agency or State
2association with interest in the program. The Director, or his
3or her designee, shall serve as the permanent co-chair of the
4advisory committee. One other co-chair shall be nominated and
5approved by the members of the committee on an annual basis.
6Committee members' terms of appointment shall be for 4 years
7with one-quarter of the appointees' terms expiring each year.
8A member shall continue to serve until his or her replacement
9is named. The Department shall fill vacancies that have a
10remaining term of over one year, and this replacement shall
11occur through the annual replacement of expiring terms. The
12Director shall designate Department staff to provide technical
13assistance and staff support to the committee. Department
14representation shall not constitute membership of the
15committee. All Committee papers, issues, recommendations,
16reports, and meeting memoranda are advisory only. The
17Director, or his or her designee, shall make a written report,
18as requested by the Committee, regarding issues before the
19Committee.
20 The Department on Aging and the Department of Human
21Services shall cooperate in the development and submission of
22an annual report on programs and services provided under this
23Section. Such joint report shall be filed with the Governor
24and the General Assembly on or before September 30 each year.
25 The requirement for reporting to the General Assembly
26shall be satisfied by filing copies of the report as required

HB5186 Enrolled- 194 -LRB102 24774 RJF 34017 b
1by Section 3.1 of the General Assembly Organization Act and
2filing such additional copies with the State Government Report
3Distribution Center for the General Assembly as is required
4under paragraph (t) of Section 7 of the State Library Act.
5 Those persons previously found eligible for receiving
6non-institutional services whose services were discontinued
7under the Emergency Budget Act of Fiscal Year 1992, and who do
8not meet the eligibility standards in effect on or after July
91, 1992, shall remain ineligible on and after July 1, 1992.
10Those persons previously not required to cost-share and who
11were required to cost-share effective March 1, 1992, shall
12continue to meet cost-share requirements on and after July 1,
131992. Beginning July 1, 1992, all clients will be required to
14meet eligibility, cost-share, and other requirements and will
15have services discontinued or altered when they fail to meet
16these requirements.
17 For the purposes of this Section, "flexible senior
18services" refers to services that require one-time or periodic
19expenditures including, but not limited to, respite care, home
20modification, assistive technology, housing assistance, and
21transportation.
22 The Department shall implement an electronic service
23verification based on global positioning systems or other
24cost-effective technology for the Community Care Program no
25later than January 1, 2014.
26 The Department shall require, as a condition of

HB5186 Enrolled- 195 -LRB102 24774 RJF 34017 b
1eligibility, enrollment in the medical assistance program
2under Article V of the Illinois Public Aid Code (i) beginning
3August 1, 2013, if the Auditor General has reported that the
4Department has failed to comply with the reporting
5requirements of Section 2-27 of the Illinois State Auditing
6Act; or (ii) beginning June 1, 2014, if the Auditor General has
7reported that the Department has not undertaken the required
8actions listed in the report required by subsection (a) of
9Section 2-27 of the Illinois State Auditing Act.
10 The Department shall delay Community Care Program services
11until an applicant is determined eligible for medical
12assistance under Article V of the Illinois Public Aid Code (i)
13beginning August 1, 2013, if the Auditor General has reported
14that the Department has failed to comply with the reporting
15requirements of Section 2-27 of the Illinois State Auditing
16Act; or (ii) beginning June 1, 2014, if the Auditor General has
17reported that the Department has not undertaken the required
18actions listed in the report required by subsection (a) of
19Section 2-27 of the Illinois State Auditing Act.
20 The Department shall implement co-payments for the
21Community Care Program at the federally allowable maximum
22level (i) beginning August 1, 2013, if the Auditor General has
23reported that the Department has failed to comply with the
24reporting requirements of Section 2-27 of the Illinois State
25Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
26General has reported that the Department has not undertaken

HB5186 Enrolled- 196 -LRB102 24774 RJF 34017 b
1the required actions listed in the report required by
2subsection (a) of Section 2-27 of the Illinois State Auditing
3Act.
4 The Department shall continue to provide other Community
5Care Program reports as required by statute.
6 The Department shall provide a bi-monthly report on the
7progress of the Community Care Program reforms set forth in
8this amendatory Act of the 98th General Assembly to the
9Governor, the Speaker of the House of Representatives, the
10Minority Leader of the House of Representatives, the President
11of the Senate, and the Minority Leader of the Senate.
12 The Department shall conduct a quarterly review of Care
13Coordination Unit performance and adherence to service
14guidelines. The quarterly review shall be reported to the
15Speaker of the House of Representatives, the Minority Leader
16of the House of Representatives, the President of the Senate,
17and the Minority Leader of the Senate. The Department shall
18collect and report longitudinal data on the performance of
19each care coordination unit. Nothing in this paragraph shall
20be construed to require the Department to identify specific
21care coordination units.
22 In regard to community care providers, failure to comply
23with Department on Aging policies shall be cause for
24disciplinary action, including, but not limited to,
25disqualification from serving Community Care Program clients.
26Each provider, upon submission of any bill or invoice to the

HB5186 Enrolled- 197 -LRB102 24774 RJF 34017 b
1Department for payment for services rendered, shall include a
2notarized statement, under penalty of perjury pursuant to
3Section 1-109 of the Code of Civil Procedure, that the
4provider has complied with all Department policies.
5 The Director of the Department on Aging shall make
6information available to the State Board of Elections as may
7be required by an agreement the State Board of Elections has
8entered into with a multi-state voter registration list
9maintenance system.
10 Within 30 days after July 6, 2017 (the effective date of
11Public Act 100-23), rates shall be increased to $18.29 per
12hour, for the purpose of increasing, by at least $.72 per hour,
13the wages paid by those vendors to their employees who provide
14homemaker services. The Department shall pay an enhanced rate
15under the Community Care Program to those in-home service
16provider agencies that offer health insurance coverage as a
17benefit to their direct service worker employees consistent
18with the mandates of Public Act 95-713. For State fiscal years
192018 and 2019, the enhanced rate shall be $1.77 per hour. The
20rate shall be adjusted using actuarial analysis based on the
21cost of care, but shall not be set below $1.77 per hour. The
22Department shall adopt rules, including emergency rules under
23subsections (y) and (bb) of Section 5-45 of the Illinois
24Administrative Procedure Act, to implement the provisions of
25this paragraph.
26 The General Assembly finds it necessary to authorize an

HB5186 Enrolled- 198 -LRB102 24774 RJF 34017 b
1aggressive Medicaid enrollment initiative designed to maximize
2federal Medicaid funding for the Community Care Program which
3produces significant savings for the State of Illinois. The
4Department on Aging shall establish and implement a Community
5Care Program Medicaid Initiative. Under the Initiative, the
6Department on Aging shall, at a minimum: (i) provide an
7enhanced rate to adequately compensate care coordination units
8to enroll eligible Community Care Program clients into
9Medicaid; (ii) use recommendations from a stakeholder
10committee on how best to implement the Initiative; and (iii)
11establish requirements for State agencies to make enrollment
12in the State's Medical Assistance program easier for seniors.
13 The Community Care Program Medicaid Enrollment Oversight
14Subcommittee is created as a subcommittee of the Older Adult
15Services Advisory Committee established in Section 35 of the
16Older Adult Services Act to make recommendations on how best
17to increase the number of medical assistance recipients who
18are enrolled in the Community Care Program. The Subcommittee
19shall consist of all of the following persons who must be
20appointed within 30 days after the effective date of this
21amendatory Act of the 100th General Assembly:
22 (1) The Director of Aging, or his or her designee, who
23 shall serve as the chairperson of the Subcommittee.
24 (2) One representative of the Department of Healthcare
25 and Family Services, appointed by the Director of
26 Healthcare and Family Services.

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1 (3) One representative of the Department of Human
2 Services, appointed by the Secretary of Human Services.
3 (4) One individual representing a care coordination
4 unit, appointed by the Director of Aging.
5 (5) One individual from a non-governmental statewide
6 organization that advocates for seniors, appointed by the
7 Director of Aging.
8 (6) One individual representing Area Agencies on
9 Aging, appointed by the Director of Aging.
10 (7) One individual from a statewide association
11 dedicated to Alzheimer's care, support, and research,
12 appointed by the Director of Aging.
13 (8) One individual from an organization that employs
14 persons who provide services under the Community Care
15 Program, appointed by the Director of Aging.
16 (9) One member of a trade or labor union representing
17 persons who provide services under the Community Care
18 Program, appointed by the Director of Aging.
19 (10) One member of the Senate, who shall serve as
20 co-chairperson, appointed by the President of the Senate.
21 (11) One member of the Senate, who shall serve as
22 co-chairperson, appointed by the Minority Leader of the
23 Senate.
24 (12) One member of the House of Representatives, who
25 shall serve as co-chairperson, appointed by the Speaker of
26 the House of Representatives.

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1 (13) One member of the House of Representatives, who
2 shall serve as co-chairperson, appointed by the Minority
3 Leader of the House of Representatives.
4 (14) One individual appointed by a labor organization
5 representing frontline employees at the Department of
6 Human Services.
7 The Subcommittee shall provide oversight to the Community
8Care Program Medicaid Initiative and shall meet quarterly. At
9each Subcommittee meeting the Department on Aging shall
10provide the following data sets to the Subcommittee: (A) the
11number of Illinois residents, categorized by planning and
12service area, who are receiving services under the Community
13Care Program and are enrolled in the State's Medical
14Assistance Program; (B) the number of Illinois residents,
15categorized by planning and service area, who are receiving
16services under the Community Care Program, but are not
17enrolled in the State's Medical Assistance Program; and (C)
18the number of Illinois residents, categorized by planning and
19service area, who are receiving services under the Community
20Care Program and are eligible for benefits under the State's
21Medical Assistance Program, but are not enrolled in the
22State's Medical Assistance Program. In addition to this data,
23the Department on Aging shall provide the Subcommittee with
24plans on how the Department on Aging will reduce the number of
25Illinois residents who are not enrolled in the State's Medical
26Assistance Program but who are eligible for medical assistance

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1benefits. The Department on Aging shall enroll in the State's
2Medical Assistance Program those Illinois residents who
3receive services under the Community Care Program and are
4eligible for medical assistance benefits but are not enrolled
5in the State's Medicaid Assistance Program. The data provided
6to the Subcommittee shall be made available to the public via
7the Department on Aging's website.
8 The Department on Aging, with the involvement of the
9Subcommittee, shall collaborate with the Department of Human
10Services and the Department of Healthcare and Family Services
11on how best to achieve the responsibilities of the Community
12Care Program Medicaid Initiative.
13 The Department on Aging, the Department of Human Services,
14and the Department of Healthcare and Family Services shall
15coordinate and implement a streamlined process for seniors to
16access benefits under the State's Medical Assistance Program.
17 The Subcommittee shall collaborate with the Department of
18Human Services on the adoption of a uniform application
19submission process. The Department of Human Services and any
20other State agency involved with processing the medical
21assistance application of any person enrolled in the Community
22Care Program shall include the appropriate care coordination
23unit in all communications related to the determination or
24status of the application.
25 The Community Care Program Medicaid Initiative shall
26provide targeted funding to care coordination units to help

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1seniors complete their applications for medical assistance
2benefits. On and after July 1, 2019, care coordination units
3shall receive no less than $200 per completed application,
4which rate may be included in a bundled rate for initial intake
5services when Medicaid application assistance is provided in
6conjunction with the initial intake process for new program
7participants.
8 The Community Care Program Medicaid Initiative shall cease
9operation 5 years after the effective date of this amendatory
10Act of the 100th General Assembly, after which the
11Subcommittee shall dissolve.
12(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
13100-1148, eff. 12-10-18; 101-10, eff. 6-5-19.)
14
ARTICLE 35. OCCUPATIONAL STANDARDS
15 Section 35-5. The Employee Washroom Act is amended by
16adding Section 0.05 as follows:
17 (820 ILCS 230/0.05 new)
18 Sec. 0.05. Federal regulations; operation of Act.
19 (a) Except as provided in subsection (b), Sections 1
20through 5 of this Act are inoperative on and after the
21effective date of this amendatory Act of the 102nd General
22Assembly.
23 (b) If at any time the Occupational Safety and Health

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1standard at 29 CFR 1910.141 is repealed or revoked, the
2Director of Labor shall adopt a rule setting forth a
3determination that this Act should be reviewed and reinstated
4in order to protect the health and safety of Illinois'
5workers. On the date such a rule is adopted, this Act shall
6again become operative.
7 Section 35-10. The Work Under Compressed Air Act is
8amended by adding Section 1.5 as follows:
9 (820 ILCS 245/1.5 new)
10 Sec. 1.5. Federal regulations; operation of Act.
11 (a) Except as provided in subsection (b), Sections 1
12through 6 of this Act are inoperative on and after the
13effective date of this amendatory Act of the 102nd General
14Assembly.
15 (b) If at any time the Safety and Health Regulations for
16Construction standards at 29 CFR 1926.800 through 29 CFR
171926.804 are repealed or revoked, the Director of Labor shall
18adopt a rule setting forth a determination that this Act
19should be reviewed and reinstated, in whole or in part, in
20order to protect the health and safety of Illinois' workers.
21On the date such a rule is adopted, this Act shall again become
22operative.
23 Section 35-15. The Underground Sewer Employee Safety Act

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1is amended by changing Section 1 and by adding Section 0.05 as
2follows:
3 (820 ILCS 250/0.05 new)
4 Sec. 0.05. Federal regulations; operation of Act.
5 (a) Except as provided in subsection (b), Sections 1
6through 6 of this Act are inoperative on and after the
7effective date of this amendatory Act of the 102nd General
8Assembly.
9 (b) If at any time the Occupational Safety and Health
10standards at 29 CFR 1910.120, 29 CFR 1910.146 or the Safety and
11Health Regulations for Construction standards 29 CFR 1926.1201
12through 29 CFR 1926.1213 are repealed or revoked, the Director
13of Labor shall adopt a rule setting forth a determination that
14this Act should be reviewed and reinstated, in whole or in
15part, in order to protect the health and safety of Illinois'
16workers. On the date such a rule is adopted, this Act shall
17again become operative.
18 (820 ILCS 250/1) (from Ch. 48, par. 1101)
19 Sec. 1. This Act shall apply to all employers engaged in
20any occupation, business or enterprise in this State,
21including the State of Illinois and its political
22subdivisions, except that in the event of a conflict between
23this Act and any other Federal or State law or regulation
24concerning health and safety of employees, such other law or

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1regulation shall control.
2(Source: P.A. 81-772.)
3 Section 35-20. The Toxic Substances Disclosure to
4Employees Act is amended by changing Section 1.5 as follows:
5 (820 ILCS 255/1.5)
6 Sec. 1.5. Federal regulations; operation of Act.
7 (a) Except as provided in subsection (b), Sections 2
8through 17 of this Act are inoperative on and after the
9effective date of this amendatory Act of the 102nd 95th
10General Assembly, and the Department of Labor shall instead
11enforce the Occupational Safety and Health Administration
12Hazard Communication standards at 29 CFR 1910.1200, as
13amended.
14 (b) If at any time the Occupational Safety and Health
15Administration Hazard Communication standard at 29 CFR
161910.1200 is repealed or revoked, the Director of Labor shall
17adopt a rule setting forth a determination that this Act
18should be reviewed and reinstated in order to protect the
19health and safety of Illinois' public sector workers. On the
20date such a rule is adopted, this Act shall again become
21operative.
22(Source: P.A. 95-623, eff. 9-17-07.)
23
ARTICLE 40. HEALTH CARE

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1 (110 ILCS 330/8a rep.)
2 Section 40-5. The University of Illinois Hospital Act is
3amended by repealing Section 8a.
4 (110 ILCS 340/Act rep.)
5 Section 40-10. The University of Illinois Gerontological
6Committee Act is repealed.
7 (110 ILCS 430/Act rep.)
8 Section 40-15. The Illinois Health Policy Center Act is
9repealed.
10 Section 40-20. The Health in All Policies Act is amended
11by changing Section 10 as follows:
12 (410 ILCS 155/10)
13 Sec. 10. Workgroup.
14 (a) The University of Illinois at Chicago School of Public
15Health, in consultation with the Department of Public Health,
16shall convene a workgroup to review legislation and make new
17policy recommendations relating to the health of residents of
18the State.
19 (b) The workgroup shall examine the following:
20 (1) The health of residents of the State, to the
21 extent necessary to carry out the requirements of this

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1 Act.
2 (2) Ways for units of local government and State
3 agencies to collaborate in implementing policies that will
4 positively impact the health of residents of the State.
5 (3) The impact of the following on the health of
6 residents of the State:
7 (A) Access to safe and affordable housing.
8 (B) Educational attainment.
9 (C) Opportunities for employment.
10 (D) Economic stability.
11 (E) Inclusion, diversity, and equity in the
12 workplace.
13 (F) Barriers to career success and promotion in
14 the workplace.
15 (G) Access to transportation and mobility.
16 (H) Social justice.
17 (I) Environmental factors.
18 (J) Public safety, including the impact of crime,
19 citizen unrest, the criminal justice system, and
20 governmental policies that affect individuals who are
21 in prison or released from prison.
22 (c) The workgroup, using a health in all policies
23framework, shall perform the following:
24 (1) Review and make recommendations regarding how
25 health considerations may be incorporated into the
26 decision-making processes of government agencies and

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1 private stakeholders who interact with government
2 agencies.
3 (2) Foster collaboration among units of local
4 government and State agencies.
5 (3) Develop laws and policies to improve health and
6 reduce health inequities.
7 (4) Make recommendations regarding how to implement
8 laws and policies to improve health and reduce health
9 inequities.
10 (d) The workgroup shall consist of the following members:
11 (1) The Secretary of Human Services, or the
12 Secretary's designee.
13 (2) The Secretary of Transportation, or the
14 Secretary's designee.
15 (3) The Director of the Illinois Environmental
16 Protection Agency, or the Director's designee.
17 (4) The Director of Agriculture, or the Director's
18 designee.
19 (5) The Director of Labor, or the Director's designee.
20 (6) The Director of Public Health, or the Director's
21 designee.
22 (7) One representative of a statewide public health
23 association.
24 (8) One administrator of a Federally Qualified Health
25 Center.
26 (9) One administrator of a public health department

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1 local to the University of Illinois at Chicago.
2 (10) One representative of an association representing
3 hospitals and health systems.
4 (11) The Director of Healthcare and Family Services,
5 or the Director's designee.
6 (12) The State Superintendent of Education, or the
7 Superintendent's designee.
8 (13) The Director of Corrections, or the Director's
9 designee.
10 (14) The Chair of the Criminal Justice Information
11 Authority, or the Chair's designee.
12 (15) The Director of Commerce and Economic
13 Opportunity, or the Director's designee.
14 (16) The Director of Aging, or the Director's
15 designee.
16 (17) One representative of the Office of the Governor
17 appointed by the Governor.
18 (18) One representative of a local health department
19 located in a county with a population of less than
20 3,000,000.
21 (19) One representative of a statewide public health
22 institute representing multisector public health system
23 stakeholders.
24 (20) Two representatives of organizations that
25 represent minority populations in public health.
26 (21) One representative of a statewide organization

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1 representing physicians licensed to practice medicine in
2 all its branches.
3 (e) To the extent practicable, the members of the
4workgroup shall reflect the geographic, racial, ethnic,
5cultural, and gender diversity of the State.
6 (f) Workgroup members shall serve without compensation.
7 (g) A State agency or entity shall, in a timely manner,
8provide information in response to requests for information
9submitted by the workgroup, except where that information is
10otherwise prohibited from disclosure or dissemination by
11federal or State law, rules or regulations implementing
12federal or State law, or a court order.
13 (h) The Department of Public Health shall provide
14administrative and other support to the workgroup.
15 (i) The workgroup shall meet at least twice a year and at
16other times as it deems appropriate. The workgroup shall
17prepare a report that summarizes its work and makes
18recommendations resulting from its study. On an annual basis,
19the University of Illinois at Chicago School of Public Health,
20in consultation with the Department of Public Health and
21members of the workgroup, shall determine a focus area for the
22report. Focus areas may include, but are not limited to, the
23areas designated in subsection (b) of Section 10. The
24workgroup shall submit the report of its findings and
25recommendations to the General Assembly by December 31, 2022
262020 and by December 31 of each year thereafter. The annual

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1report and recommendations shall be shared with the Department
2of Public Health and the State Board of Health and shall be
3considered in the development of the State Health Improvement
4Plan every 5 years.
5(Source: P.A. 101-250, eff. 1-1-20.)
6
ARTICLE 45. ILLINOIS IMMIGRANT IMPACT TASK FORCE REPORT
7 Section 45-5. The Illinois Immigrant Impact Task Force Act
8is amended by changing Section 5 as follows:
9 (20 ILCS 5156/5)
10 (Section scheduled to be repealed on January 1, 2023)
11 Sec. 5. Illinois Immigrant Impact Task Force.
12 (a) There is hereby established the Illinois Immigrant
13Impact Task Force.
14 (b) The Task Force shall consist of 27 members appointed
15as follows:
16 (1) one member appointed by the President of the
17 Senate;
18 (2) one member appointed by the Speaker of the House
19 of Representatives;
20 (3) one member appointed by the Minority Leader of the
21 Senate;
22 (4) one member appointed by the Minority Leader of the
23 House of Representatives;

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1 (5) one representative of the Governor's Office;
2 (6) one representative of the Governor's Office of
3 Management and Budget;
4 (7) one representative of the Lieutenant Governor's
5 Office;
6 (8) the Executive Director of the Illinois Housing
7 Development Authority or his or her designee;
8 (9) the Secretary of Human Services or his or her
9 designee;
10 (10) the Director on Aging or his or her designee;
11 (11) the Director of Commerce and Economic Opportunity
12 or his or her designee;
13 (12) the Director of Children and Family Services or
14 his or her designee;
15 (13) the Director of Public Health or his or her
16 designee;
17 (14) the Director of Healthcare and Family Services or
18 his or her designee;
19 (15) the Director of Human Rights or his or her
20 designee;
21 (16) the Director of Employment Security or his or her
22 designee;
23 (17) the Director of Juvenile Justice or his or her
24 designee;
25 (18) the Director of Corrections or his or her
26 designee;

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

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1 (3) what is the status of immigrant communities from
2 urban, suburban, and rural areas of this State, and
3 whether adequate support and resources have been provided
4 to these communities;
5 (4) the extent to which immigrants in this State are
6 being discriminated against;
7 (5) whether the laws specifically intended to benefit
8 immigrant populations in this State are actually having a
9 beneficial effect;
10 (6) the practices and procedures of the federal
11 Immigration and Customs Enforcement agency within this
12 State;
13 (7) the use and condition of detention centers in this
14 State;
15 (8) all contracts in Illinois entered into with United
16 States Immigration and Customs Enforcement, including
17 contracts with private detention centers, the Illinois
18 State Police, and the Secretary of State's Office,
19 Division of Motor Vehicles;
20 (9) the impact of the COVID-19 pandemic on immigrant
21 communities, including health impact rates, employment
22 rates, housing, small businesses, and community
23 development;
24 (10) the disbursement of funds received by different
25 agencies that went to immigrant communities;
26 (11) language access programs and their impact on

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1 helping immigrant communities better interact with State
2 agencies, and whether existing language access programs
3 are effective in helping immigrant communities interact
4 with the State. The Task Force shall also examine whether
5 all State agencies provide language access for non-English
6 speakers, and which agencies and in what regions of the
7 State is there a lack of language access that creates
8 barriers for non-English dominant speakers from accessing
9 support from the State;
10 (12) the extent to which disparities in access to
11 technology exist in immigrant communities and whether they
12 lead to educational, financial, and other disadvantages;
13 and
14 (13) the extent to which State programs intended for
15 vulnerable populations such as victims of trafficking,
16 crime, and abuse are being implemented or need to be
17 implemented.
18 (e) The Task Force shall report its findings and
19recommendations based upon its examination of issues under
20subsection (d) to the Governor and the General Assembly on or
21before December 31, 2022 May 31, 2022.
22(Source: P.A. 102-236, eff. 8-2-21.)
23
ARTICLE 99. EFFECTIVE DATE
24 Section 99-99. Effective date. This Act takes effect upon
25becoming law.