Illinois General Assembly - Full Text of HB1768
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Full Text of HB1768  102nd General Assembly

HB1768 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1768

 

Introduced 2/17/2021, by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 1305/10-25
20 ILCS 3020/805
30 ILCS 105/5k
110 ILCS 49/15
730 ILCS 5/5-4-3a

    Amends the Department of Human Services Act. Removes a requirement that the Department of Human Services must report quarterly to the Governor and the General Assembly on certain expenditures under the WIC nutrition program. Amends the Capital Spending Accountability Law. Provides that reports on capital spending are due on or before the forty-fifth day after the end of each quarter (currently, the first day of each quarter). Amends the State Finance Act to eliminate a report on certain transfers. Amends the Higher Education Veterans Service Act to eliminate a requirement that certain survey results must be posted on an Internet website. Amends the Unified Code of Corrections concerning the DNA testing backlog. Effective immediately.


LRB102 13432 HLH 18776 b

 

 

A BILL FOR

 

HB1768LRB102 13432 HLH 18776 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Human Services Act is amended
5by changing Section 10-25 as follows:
 
6    (20 ILCS 1305/10-25)
7    Sec. 10-25. Women, Infants, and Children Nutrition
8Program.
9    (a) The Department shall participate in the Women, Infants
10and Children Nutrition program of the federal government to
11the maximum extent permitted by the federal appropriation and
12allocation to the State of Illinois. In order to efficiently
13process electronically issued WIC benefits, the Department may
14use an account held outside of the state treasury for the
15deposit and issuance of WIC benefits. The Department shall
16report quarterly to the Governor and the General Assembly the
17status of obligations and expenditures of the WIC nutrition
18program appropriation and make recommendations on actions
19necessary to expend all available federal funds. Other
20appropriations and funds from any public or private source in
21addition to federal funds may be used by the Department for the
22purpose of maximum participation in the WIC nutrition program.
23    (b) The Department shall maintain a drug abuse education

 

 

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1program for participants in the Women, Infants and Children
2Nutrition Program. The program shall include but need not be
3limited to (1) the provision of information concerning the
4dangers of drug abuse and (2) the referral of participants who
5are suspected drug abusers to drug abuse clinics, treatment
6programs, counselors or other drug abuse treatment providers.
7    (c) The Department shall cooperate with the Department of
8Public Health for purposes of the smoking cessation program
9for participants in the Women, Infants and Children Nutrition
10Program maintained by the Department of Public Health under
11Section 2310-435 of the Department of Public Health Powers and
12Duties Law (20 ILCS 2310/2310-435).
13    (d) The Department may contract with any bank as defined
14by the Illinois Banking Act to redeem bank drafts issued by the
15Department under the United States Department of Agriculture
16Special Supplemental Food Program for Women, Infants and
17Children (WIC). Any bank with which the Department has entered
18into a contract to redeem bank drafts may receive, pursuant to
19an appropriation to the Department, an initial advance and
20periodic payment of funds for the Women, Infants and Children
21Program in amounts determined by the Secretary.
22Notwithstanding any other law, such funds shall be retained in
23a separate account by the bank. Any interest earned by monies
24in such account shall accrue to the USDA Women, Infants and
25Children Fund and shall be used exclusively for the redemption
26of bank drafts issued by the Department. WIC program food

 

 

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1funds received by the bank from the Department shall be used
2exclusively for the redemption of bank drafts. The bank shall
3not use such food funds, or interest accrued thereon, for any
4other purpose including, but not limited to, reimbursement of
5administrative expenses or payments of administrative fees due
6the bank pursuant to its contract or contracts with the
7Department.
8    Such initial and periodic payments by the Department to
9the bank shall be effected, pursuant to an appropriation, in
10an amount needed for the redemption of bank drafts issued by
11the Department under the United States Department of
12Agriculture Special Supplemental Food Program for Women,
13Infants and Children in any initial or succeeding period. The
14State Comptroller shall, upon presentation by the Secretary of
15adequate certification of funds needed for redemption of bank
16drafts, promptly draw a warrant payable to the bank for
17deposit to the separate account of the bank. Such
18certification may be in magnetic tape or computer output form,
19indicating the amount of the total payment made by the bank for
20the redemption of bank drafts from funds provided to the bank
21under this Section.
22    The separate account of the bank established under this
23Section, any payments to that account, and the use of such
24account and funds shall be subject to (1) audit by the
25Department or a private contractor authorized by the
26Department to conduct audits, including but not limited to

 

 

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1such audits as may be required by State law, (2) audit by the
2federal government or a private contractor authorized by the
3federal government, and (3) post audit pursuant to the
4Illinois State Auditing Act.
5    (e) The Department may include a program of lactation
6support services as part of the benefits and services provided
7for pregnant and breast feeding participants in the Women,
8Infants and Children Nutrition Program. The program may
9include payment for breast pumps, breast shields, or any
10supply deemed essential for the successful maintenance of
11lactation, as well as lactation specialists who are registered
12nurses, licensed dietitians, or persons who have successfully
13completed a lactation management training program.
14    (f) The Department shall coordinate the operation of the
15Women, Infants and Children program with the Medicaid program
16by interagency agreement whereby each program provides
17information about the services offered by the other to
18applicants for services.
19(Source: P.A. 101-636, eff. 6-10-20.)
 
20    Section 10. The Capital Spending Accountability Law is
21amended by changing Section 805 as follows:
 
22    (20 ILCS 3020/805)
23    Sec. 805. Reports on capital spending. On or before the
24forty-fifth day after the end first day of each quarterly

 

 

HB1768- 5 -LRB102 13432 HLH 18776 b

1period in each fiscal year, the Governor's Office of
2Management and Budget shall provide to the Comptroller, the
3Treasurer, the President and the Minority Leader of the
4Senate, and the Speaker and the Minority Leader of the House of
5Representatives a report on the status of all capital projects
6in the State. The report may be provided in both written and
7electronic format. The report must include all of the
8following:
9        (1) A brief description or stated purpose of each
10    capital project where applicable (as referred to in this
11    Section, "project").
12        (2) The amount and source of funds (whether from bond
13    funds or other revenues) appropriated for each project,
14    organized into categories including roads, mass transit,
15    schools, environment, civic centers and other categories
16    as applicable (as referred to in this Section, "category
17    or categories"), with subtotals for each category.
18        (3) The date the appropriation bill relating to each
19    project was signed by the Governor, organized into
20    categories.
21        (4) The date the written release of the Governor for
22    each project was submitted to the Comptroller or is
23    projected to be submitted and, if a release for any
24    project has not been submitted within 6 months after its
25    appropriation became law, an explanation why the project
26    has not yet been released, all organized into categories.

 

 

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1        (5) The amount of expenditures to date by the State
2    relating to each project and estimated amount of total
3    State expenditures and proposed schedule of future State
4    expenditures relating to each project, all organized into
5    categories.
6        (6) A timeline for completion of each project,
7    including the dates, if applicable, of execution by the
8    State of any grant agreement, any required engineering or
9    design work or environmental approvals, and the estimated
10    or actual dates of the start and completion of
11    construction, all organized into categories. Any
12    substantial variances on any project from this reported
13    timeline must be explained in the next quarterly report.
14        (7) A summary report of the status of all projects,
15    including the amount of undisbursed funds intended to be
16    held or used in the next quarter.
17(Source: P.A. 98-692, eff. 7-1-14.)
 
18    Section 15. The State Finance Act is amended by changing
19Section 5k as follows:
 
20    (30 ILCS 105/5k)
21    Sec. 5k. Cash flow borrowing and general funds liquidity;
22FY15.
23    (a) In order to meet cash flow deficits and to maintain
24liquidity in the General Revenue Fund and the Health Insurance

 

 

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1Reserve Fund, on and after July 1, 2014 and through June 30,
22015, the State Treasurer and the State Comptroller shall make
3transfers to the General Revenue Fund and the Health Insurance
4Reserve Fund, as directed by the Governor, out of special
5funds of the State, to the extent allowed by federal law. No
6such transfer may reduce the cumulative balance of all of the
7special funds of the State to an amount less than the total
8debt service payable during the 12 months immediately
9following the date of the transfer on any bonded indebtedness
10of the State and any certificates issued under the Short Term
11Borrowing Act. At no time shall the outstanding total
12transfers made from the special funds of the State to the
13General Revenue Fund and the Health Insurance Reserve Fund
14under this Section exceed $650,000,000; once the amount of
15$650,000,000 has been transferred from the special funds of
16the State to the General Revenue Fund and the Health Insurance
17Reserve Fund, additional transfers may be made from the
18special funds of the State to the General Revenue Fund and the
19Health Insurance Reserve Fund under this Section only to the
20extent that moneys have first been re-transferred from the
21General Revenue Fund and the Health Insurance Reserve Fund to
22those special funds of the State. Notwithstanding any other
23provision of this Section, no such transfer may be made from
24any special fund that is exclusively collected by or
25appropriated to any other constitutional officer without the
26written approval of that constitutional officer.

 

 

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1    (b) If moneys have been transferred to the General Revenue
2Fund and the Health Insurance Reserve Fund pursuant to
3subsection (a) of this Section, this amendatory Act of the
498th General Assembly shall constitute the continuing
5authority for and direction to the State Treasurer and State
6Comptroller to reimburse the funds of origin from the General
7Revenue Fund by transferring to the funds of origin, at such
8times and in such amounts as directed by the Governor when
9necessary to support appropriated expenditures from the funds,
10an amount equal to that transferred from them plus any
11interest that would have accrued thereon had the transfer not
12occurred. When any of the funds from which moneys have been
13transferred pursuant to subsection (a) have insufficient cash
14from which the State Comptroller may make expenditures
15properly supported by appropriations from the fund, then the
16State Treasurer and State Comptroller shall transfer from the
17General Revenue Fund to the fund only such amount as is
18immediately necessary to satisfy outstanding expenditure
19obligations on a timely basis.
20    (c) (Blank). On the first day of each quarterly period in
21each fiscal year, until such time as a report indicates that
22all moneys borrowed and interest pursuant to this Section have
23been repaid, the Governor's Office of Management and Budget
24shall provide to the President and the Minority Leader of the
25Senate, the Speaker and the Minority Leader of the House of
26Representatives, and the Commission on Government Forecasting

 

 

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1and Accountability a report on all transfers made pursuant to
2this Section in the prior quarterly period. The report must be
3provided in electronic format. The report must include all of
4the following:
5        (1) The date each transfer was made.
6        (2) The amount of each transfer.
7        (3) In the case of a transfer from the General Revenue
8    Fund to a fund of origin pursuant to subsection (b) of this
9    Section, the amount of interest being paid to the fund of
10    origin.
11        (4) The end of day balance of the fund of origin, the
12    General Revenue Fund and the Health Insurance Reserve Fund
13    on the date the transfer was made.
14(Source: P.A. 98-682, eff. 6-30-14; 99-523, eff. 6-30-16.)
 
15    Section 20. The Higher Education Veterans Service Act is
16amended by changing Section 15 as follows:
 
17    (110 ILCS 49/15)
18    Sec. 15. Survey; coordinator; best practices report; best
19efforts.
20    (a) All public colleges and universities shall, within 60
21days after the effective date of this Act, conduct a survey of
22the services and programs that are provided for veterans,
23active duty military personnel, and their families, at each of
24their respective campuses. This survey shall enumerate and

 

 

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1fully describe the service or program that is available, the
2number of veterans or active duty personnel using the service
3or program, an estimated range for potential use within a
45-year and 10-year period, information on the location of the
5service or program, and how its administrators may be
6contacted. The survey shall indicate the manner or manners in
7which a student veteran may avail himself or herself of the
8program's services. This survey must be made available to all
9veterans matriculating at the college or university in the
10form of an orientation-related guidebook.
11    Each public college and university shall make the survey
12available on the homepage of all campus Internet links as soon
13as practical after the completion of the survey. As soon as
14possible after the completion of the survey, each public
15college and university shall provide a copy of its survey to
16the following:
17        (1) the Board of Higher Education;
18        (2) the Department of Veterans' Affairs;
19        (3) the President and Minority Leader of the Senate
20    and the Speaker and Minority Leader of the House of
21    Representatives; and
22        (4) the Governor.
23    (b) Each public college and university shall, at its
24discretion, (i) appoint, within 6 months after the effective
25date of this Act, an existing employee or (ii) hire a new
26employee to serve as a Coordinator of Veterans and Military

 

 

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1Personnel Student Services on each campus of the college or
2university that has an onsite, daily, full-time student
3headcount above 1,000 students.
4    The Coordinator of Veterans and Military Personnel Student
5Services shall be an ombudsperson serving the specific needs
6of student veterans and military personnel and their families
7and shall serve as an advocate before the administration of
8the college or university for the needs of student veterans.
9The college or university shall enable the Coordinator of
10Veterans and Military Personnel Student Services to
11communicate directly with the senior executive administration
12of the college or university periodically. The college or
13university shall retain unfettered discretion to determine the
14organizational management structure of its institution.
15    In addition to any responsibilities the college or
16university may assign, the Coordinator of Veterans and
17Military Personnel Student Services shall make its best
18efforts to create a centralized source for student veterans
19and military personnel to learn how to receive all benefit
20programs and services for which they are eligible.
21    Each college and university campus that is required to
22have a Coordinator of Veterans and Military Personnel Student
23Services shall regularly and conspicuously advertise the
24office location and , phone number of , and Internet access to
25the Coordinator of Veterans and Military Personnel Student
26Services, along with a brief summary of the manner in which he

 

 

HB1768- 12 -LRB102 13432 HLH 18776 b

1or she can assist student veterans. The advertisement shall
2include, but is not necessarily limited to, the following:
3        (1) advertisements on each campus' Internet home page;
4    and
5        (2) any promotional mailings for student application.
6    The Coordinator of Veterans and Military Personnel Student
7Services shall facilitate other campus offices with the
8promotion of programs and services that are available.
9    (c) Upon receipt of all of the surveys under subsection
10(a) of this Section, the Board of Higher Education and the
11Department of Veterans' Affairs shall conduct a joint review
12of the surveys and post, on any Internet home page they may
13operate, a link to each survey as posted on the Internet
14website for the college or university. Upon receipt of all of
15the surveys, the Office of the Governor, through its military
16affairs advisors, shall similarly conduct a review of the
17surveys and post the surveys on its Internet website.
18Following its review of the surveys, the Office of the
19Governor shall submit an evaluation report to each college and
20university offering suggestions and insight on the conduct of
21student veteran-related policies and programs.
22    (d) The Board of Higher Education and the Department of
23Veterans' Affairs may issue a best practices report to
24highlight those programs and services that are most beneficial
25to veterans and active duty military personnel. The report
26shall contain a fiscal needs assessment in conjunction with

 

 

HB1768- 13 -LRB102 13432 HLH 18776 b

1any program recommendations.
2    (e) Each college and university campus that is required to
3have a Coordinator of Veterans and Military Personnel Student
4Services under subsection (b) of this Section shall make its
5best efforts to create academic and social programs and
6services for veterans and active duty military personnel that
7will provide reasonable opportunities for academic performance
8and success.
9    Each public college and university shall make its best
10efforts to determine how its online educational curricula can
11be expanded or altered to serve the needs of student veterans
12and currently-deployed military, including a determination of
13whether and to what extent the public colleges and
14universities can share existing technologies to improve the
15online curricula of peer institutions, provided such efforts
16are both practically and economically feasible.
17(Source: P.A. 96-133, eff. 8-7-09; revised 7-16-19.)
 
18    Section 25. The Unified Code of Corrections is amended by
19changing Section 5-4-3a as follows:
 
20    (730 ILCS 5/5-4-3a)
21    Sec. 5-4-3a. DNA testing backlog accountability.
22    (a) On or before August 1 of each year, the Department of
23State Police shall report to the Governor and both houses of
24the General Assembly the following information:

 

 

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1        (1) the extent of the backlog of cases awaiting
2    testing or awaiting DNA analysis by that Department,
3    including but not limited to those tests conducted under
4    Section 5-4-3, as of June 30 of the previous fiscal year,
5    with the backlog being defined as all cases awaiting
6    forensic testing whether in the physical custody of the
7    State Police or in the physical custody of local law
8    enforcement, provided that the State Police have written
9    notice of any evidence in the physical custody of local
10    law enforcement prior to June 1 of that year; and
11        (2) what measures have been and are being taken to
12    reduce that backlog and the estimated costs or
13    expenditures in doing so.
14    (b) The information reported under this Section shall be
15made available to the public, at the time it is reported, on
16the official web site of the Department of State Police.
17    (c) Beginning January 1, 2016, the Department of State
18Police shall quarterly report on the status of the processing
19of forensic biology and DNA evidence submitted to the
20Department of State Police Laboratory for analysis. The report
21shall be submitted to the Governor and the General Assembly,
22and shall be posted on the Department of State Police website.
23The report shall include the following for each State Police
24Laboratory location and any laboratory to which the Department
25of State Police has outsourced evidence for testing:
26        (1) For forensic biology submissions, report both

 

 

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1    total assignments case and sexual assault or abuse
2    assignment case (as defined by the Sexual Assault Evidence
3    Submission Act) figures for:
4            (A) The number of cases received in the preceding
5        quarter.
6            (B) The number of assignments cases completed in
7        the preceding quarter.
8            (C) The number of assignments cases waiting
9        analysis.
10            (D) The number of assignments cases sent for
11        outsourcing.
12            (E) The number of assignments cases waiting
13        analysis that were received within the past 30 days.
14            (F) The number of assignments cases waiting
15        analysis that were received 31 to 90 days prior.
16            (G) The number of assignments cases waiting
17        analysis that were received 91 to 180 days prior.
18            (H) The number of assignments cases waiting
19        analysis that were received 181 to 365 days prior.
20            (I) The number of assignments cases waiting
21        analysis that were received more than 365 days prior.
22            (J) (Blank). The number of cases forwarded for DNA
23        analyses.
24        (2) (Blank). For DNA submissions, report both total
25    case and sexual assault or abuse case (as defined by the
26    Sexual Assault Evidence Submission Act) figures for:

 

 

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1            (A) The number of cases received in the preceding
2        quarter.
3            (B) The number of cases completed in the preceding
4        quarter.
5            (C) The number of cases waiting analysis.
6            (D) The number of cases sent for outsourcing.
7            (E) The number of cases waiting analysis that were
8        received within the past 30 days.
9            (F) The number of cases waiting analysis that were
10        received 31 to 90 days prior.
11            (G) The number of cases waiting analysis that were
12        received 91 to 180 days prior.
13            (H) The number of cases waiting analysis that were
14        received 181 to 365 days prior.
15            (I) The number of cases waiting analysis that were
16        received more than 365 days prior.
17        (3) For all other categories of testing (e.g., drug
18    chemistry, firearms/toolmark, footwear/tire track, latent
19    prints, toxicology, and trace chemistry analysis):
20            (A) The number of assignments cases received in
21        the preceding quarter.
22            (B) The number of assignments cases completed in
23        the preceding quarter.
24            (C) The number of assignments cases waiting
25        analysis.
26        (4) For the Combined DNA Index System (CODIS), report

 

 

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1    both total assignment case and sexual assault or abuse
2    assignment case (as defined by the Sexual Assault Evidence
3    Submission Act) figures for subparagraphs (D), (E), and
4    (F) of this paragraph (4):
5            (A) The number of new offender samples received in
6        the preceding quarter.
7            (B) The number of offender samples uploaded to
8        CODIS in the preceding quarter.
9            (C) The number of offender samples awaiting
10        analysis.
11            (D) The number of unknown DNA case profiles
12        uploaded to CODIS in the preceding quarter.
13            (E) The number of CODIS hits in the preceding
14        quarter.
15            (F) The number of forensic evidence submissions
16        submitted to confirm a previously reported CODIS hit.
17        (5) For each category of testing, report the number of
18    trained forensic scientists and the number of forensic
19    scientists in training.
20    As used in this subsection (c), "completed" means
21completion of both the analysis of the evidence and the
22provision of the results to the submitting law enforcement
23agency.
24    (d) The provisions of this subsection (d), other than this
25sentence, are inoperative on and after January 1, 2019 or 2
26years after the effective date of this amendatory Act of the

 

 

HB1768- 18 -LRB102 13432 HLH 18776 b

199th General Assembly, whichever is later. In consultation
2with and subject to the approval of the Chief Procurement
3Officer, the Department of State Police may obtain contracts
4for services, commodities, and equipment to assist in the
5timely completion of forensic biology, DNA, drug chemistry,
6firearms/toolmark, footwear/tire track, latent prints,
7toxicology, microscopy, trace chemistry, and Combined DNA
8Index System (CODIS) analysis. Contracts to support the
9delivery of timely forensic science services are not subject
10to the provisions of the Illinois Procurement Code, except for
11Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
12that Code, provided that the Chief Procurement Officer may, in
13writing with justification, waive any certification required
14under Article 50 of the Illinois Procurement Code. For any
15contracts for services which are currently provided by members
16of a collective bargaining agreement, the applicable terms of
17the collective bargaining agreement concerning subcontracting
18shall be followed.
19(Source: P.A. 99-352, eff. 1-1-16; 99-801, eff. 1-1-17.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.