Full Text of SB2657 99th General Assembly
SB2657sam001 99TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 4/15/2016
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| 1 | | AMENDMENT TO SENATE BILL 2657
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2657 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "ARTICLE 5. | 5 | | AMENDATORY PROVISIONS | 6 | | Section 5-5. The Illinois Emergency Employment Development | 7 | | Act is amended by changing Sections 2, 9, and 11 as follows:
| 8 | | (20 ILCS 630/2) (from Ch. 48, par. 2402)
| 9 | | Sec. 2. For the purposes of this Act, the following words | 10 | | have the
meanings ascribed to them in this Section.
| 11 | | (a) "Advisory Committee" means the 21st Century Workforce | 12 | | Development Fund Advisory Committee , established under the | 13 | | 21st Century Workforce Development Fund Act . | 14 | | (b) "Coordinator" means the Illinois Emergency Employment
| 15 | | Development Coordinator appointed under Section 3.
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| 1 | | (c) "Department" means the Illinois Department of Commerce | 2 | | and Economic Opportunity. | 3 | | (d) "Director" means the Director of Commerce and Economic | 4 | | Opportunity. | 5 | | (e) "Eligible business" means a for-profit business.
| 6 | | (f) "Eligible employer" means an eligible nonprofit | 7 | | agency, or
an eligible business.
| 8 | | (g) "Eligible job applicant" means a person who (1) has | 9 | | been a resident
of this State for at least one year; and (2) is | 10 | | unemployed;
and (3) is not
receiving and is not qualified to | 11 | | receive unemployment compensation or
workers' compensation; | 12 | | and (4) is determined by the employment
administrator to be | 13 | | likely to be available for employment by an eligible
employer | 14 | | for the duration of the job.
| 15 | | (h) "Eligible nonprofit agency" means an organization | 16 | | exempt from
taxation under the Internal Revenue Code of 1954, | 17 | | Section 501(c)(3).
| 18 | | (i) "Employment administrator" means the administrative | 19 | | entity designated by the Coordinator, and approved by the | 20 | | Advisory Committee, to administer the provisions of this Act in | 21 | | each service delivery area. With approval of the Advisory | 22 | | Committee, the Coordinator may designate an administrative | 23 | | entity authorized under the Workforce Investment Act or | 24 | | private, public, or non-profit entities that have proven | 25 | | effectiveness in providing training, workforce development, | 26 | | and job placement services to low-income individuals.
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| 1 | | (j) "Fringe benefits" means all non-salary costs for each | 2 | | person employed under the program, including, but not limited | 3 | | to, workers compensation, unemployment insurance, and health | 4 | | benefits, as would be provided to non-subsidized employees | 5 | | performing similar work. | 6 | | (k) "Household" means a group of persons living at the same | 7 | | residence
consisting of, at a maximum, spouses and the minor | 8 | | children of each.
| 9 | | (l) "Program" means the Illinois Emergency Employment | 10 | | Development
Program created by this Act consisting of new job | 11 | | creation in the private sector.
| 12 | | (m) "Service delivery area" means an area designated as a | 13 | | Local Workforce Investment Area by the State. | 14 | | (n) "Workforce Investment Act" means the federal Workforce | 15 | | Investment Act of 1998, any amendments to that Act, and any | 16 | | other applicable federal statutes. | 17 | | (Source: P.A. 97-581, eff. 8-26-11.)
| 18 | | (20 ILCS 630/9) (from Ch. 48, par. 2409)
| 19 | | Sec. 9. Eligible businesses. | 20 | | (a) A business employer is an eligible
employer if it | 21 | | enters into a written contract, signed and subscribed to
under | 22 | | oath, with the employment administrator for its service | 23 | | delivery
area containing assurances that:
| 24 | | (1) funds received by a business shall be used only as | 25 | | permitted under the program;
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| 1 | | (2) the business has submitted a plan to the employment | 2 | | administrator
(A) describing the duties and proposed | 3 | | compensation of each employee
proposed to be hired under | 4 | | the program; and (B) demonstrating that with the
funds | 5 | | provided under the program the business is likely to | 6 | | succeed and
continue to employ persons hired under the | 7 | | program;
| 8 | | (3) the business will use funds exclusively for | 9 | | compensation and fringe
benefits of eligible job | 10 | | applicants and will provide employees hired with
these | 11 | | funds with fringe benefits and other terms and conditions | 12 | | of
employment comparable to those provided to other | 13 | | employees of the business
who do comparable work;
| 14 | | (4) the funds are necessary to allow the business to | 15 | | begin, or to employ
additional people, but not to fill | 16 | | positions which would be filled even in
the absence of | 17 | | funds from this program;
| 18 | | (5) the business will cooperate with the coordinator in | 19 | | collecting data
to assess the result of the program; and
| 20 | | (6) the business is in compliance with all applicable | 21 | | affirmative
action, fair labor, health, safety, and | 22 | | environmental standards.
| 23 | | (b) In allocating funds among eligible businesses, the | 24 | | employment
administrator shall give priority to businesses | 25 | | which best satisfy the following
criteria:
| 26 | | (1) have a high potential for growth and long-term job |
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| 1 | | creation;
| 2 | | (2) are labor intensive;
| 3 | | (3) make high use of local and State resources;
| 4 | | (4) are under ownership of women and minorities;
| 5 | | (4.5) meet the definition of a small business as | 6 | | defined in Section 5 of the Small Business Advisory Act; | 7 | | (4.10) produce energy conserving materials or services | 8 | | or are involved in development of renewable sources of | 9 | | energy; | 10 | | (5) have their primary places of business in the State; | 11 | | and
| 12 | | (6) intend to continue the employment of the eligible | 13 | | applicant for at
least 6 months of unsubsidized employment.
| 14 | | (c) (Blank).
| 15 | | (d) A business receiving funds under this program shall | 16 | | repay 70% of the amount received for each eligible job | 17 | | applicant employed who does not continue in the employment of | 18 | | the business for at least 6 months beyond the subsidized period | 19 | | unless the employer dismisses an employee for good cause and | 20 | | works with the Employment Administrator to employ and train | 21 | | another person referred by the Employment Administrator. The | 22 | | Employment Administrator shall forward payments received under | 23 | | this subsection to the Coordinator on a monthly basis. The | 24 | | Coordinator shall deposit these payments into the General | 25 | | Revenue Illinois 21st Century Workforce Development Fund. | 26 | | (Source: P.A. 97-581, eff. 8-26-11; 97-813, eff. 7-13-12.)
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| 1 | | (20 ILCS 630/11) | 2 | | Sec. 11. Illinois 21st Century Workforce Development Fund | 3 | | Advisory Committee. | 4 | | (a) The 21st Century Workforce Development Fund Advisory | 5 | | Committee , established under this Act as a continuation of the | 6 | | Advisory Committee created under the 21st Century Workforce | 7 | | Development Fund Act (now repealed) is continued under this | 8 | | Act. The Advisory Committee , shall provide oversight to the | 9 | | Illinois Emergency Employment Development program. The | 10 | | Department is responsible for the administration and staffing | 11 | | of the Advisory Committee. | 12 | | (b) The Advisory Committee shall meet at the call of the | 13 | | Coordinator to do the following: | 14 | | (1) establish guidelines for the selection of | 15 | | Employment Administrators; | 16 | | (2) review recommendations of the Coordinator and | 17 | | approve final selection of Employment Administrators; | 18 | | (3) develop guidelines for the emergency employment | 19 | | development plans to be created by each Employment | 20 | | Administrator; | 21 | | (4) review the emergency employment development plan | 22 | | submitted by the Employment Administrator of each service | 23 | | delivery area and approve satisfactory plans; | 24 | | (5) ensure that the program is widely marketed to | 25 | | employers and eligible job seekers; |
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| 1 | | (6) set policy regarding disbursement of program | 2 | | funds; and | 3 | | (7) review program quarterly reports and make | 4 | | recommendations for program improvements as needed.
| 5 | | (c) Membership. The Advisory Committee shall consist of 21 | 6 | | persons. Co-chairs shall be appointed by the Governor with the | 7 | | requirement that one come from the public and one from the | 8 | | private sector. | 9 | | (d) Eleven members shall be appointed by the Governor, and | 10 | | any of the 11 members appointed by the Governor may fill more | 11 | | than one of the following required categories: | 12 | | (i) Four must be from communities outside of the City | 13 | | of Chicago. | 14 | | (ii) At least one must be a member of a local
workforce | 15 | | investment board (LWIB) in his or her community. | 16 | | (iii) At least one must represent organized labor. | 17 | | (iv) At least one must represent business or industry. | 18 | | (v) At least one must represent a non-profit
| 19 | | organization that provides workforce development or job | 20 | | training services. | 21 | | (vi) At least one must represent a non-profit
| 22 | | organization involved in workforce development policy, | 23 | | analysis, or research. | 24 | | (vii) At least one must represent a non-profit
| 25 | | organization involved in environmental policy, advocacy, | 26 | | or research. |
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| 1 | | (viii) At least one must represent a group that
| 2 | | advocates for individuals with barriers to employment, | 3 | | including at-risk youth, formerly incarcerated | 4 | | individuals, and individuals living in poverty. | 5 | | (e) The other 10 members shall be the following: | 6 | | (i) The Director of Commerce and Economic Opportunity, | 7 | | or his or her designee who oversees workforce development | 8 | | services. | 9 | | (ii) The Secretary of Human Services, or his or her
| 10 | | designee who oversees human capital services. | 11 | | (iii) The Director of Corrections, or his or her
| 12 | | designee who oversees prisoner re-entry services. | 13 | | (iv) The Director of the Environmental Protection
| 14 | | Agency, or his or her designee who oversees contractor | 15 | | compliance. | 16 | | (v) The Chairman of the Illinois Community College
| 17 | | Board, or his or her designee who oversees technical and | 18 | | career education. | 19 | | (vi) A representative of the Illinois Community
| 20 | | College Board involved in energy education and sustainable | 21 | | practices, designated by the Board. | 22 | | (vii) Four State legislators, one designated by the
| 23 | | President of the Senate, one designated by the Speaker of | 24 | | the House, one designated by the Senate Minority Leader, | 25 | | and one designated by the House Minority Leader. | 26 | | (f) Appointees under subsection (d) shall serve a 2-year |
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| 1 | | term and are eligible to be re-appointed one time. Members | 2 | | under subsection (e) shall serve ex officio or at the pleasure | 3 | | of the designating official, as applicable. | 4 | | (Source: P.A. 97-581, eff. 8-26-11.) | 5 | | Section 5-10. The High Speed Internet Services and | 6 | | Information Technology Act is amended by changing Section 20 as | 7 | | follows: | 8 | | (20 ILCS 661/20)
| 9 | | Sec. 20. Duties of the enlisted nonprofit organization. | 10 | | (a) The high speed Internet deployment strategy and demand | 11 | | creation initiative to be performed by the nonprofit | 12 | | organization shall include, but not be limited to, the | 13 | | following actions: | 14 | | (1) Create a geographic statewide inventory of high | 15 | | speed Internet service and other relevant broadband and | 16 | | information technology services. The inventory shall: | 17 | | (A) identify geographic gaps in high speed | 18 | | Internet service through a method of GIS mapping of | 19 | | service availability and GIS analysis at the census | 20 | | block level; | 21 | | (B) provide a baseline assessment of statewide | 22 | | high speed Internet deployment in terms of percentage | 23 | | of Illinois households with high speed Internet | 24 | | availability; and |
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| 1 | | (C) collect from Facilities-based Providers of | 2 | | Broadband Connections to End User Locations the | 3 | | information provided pursuant to the agreements | 4 | | entered into with the non-profit organization as of the | 5 | | effective date of this amendatory Act of the 96th | 6 | | General Assembly or similar information from | 7 | | Facilities-based Providers of Broadband Connections to | 8 | | End User Locations that do not have the agreements on | 9 | | said date. | 10 | | For the purposes of item (C), "Facilities-based | 11 | | Providers of Broadband Connections to End User | 12 | | Locations" shall have the same meaning as that term is | 13 | | defined in Section 13-407 of the Public Utilities Act. | 14 | | (2) Track and identify, through customer interviews | 15 | | and surveys and other publicly available sources, | 16 | | statewide residential and business adoption of high speed | 17 | | Internet, computers, and related information technology | 18 | | and any barriers to adoption. | 19 | | (3) Build and facilitate in each county or designated | 20 | | region a local technology planning team with members | 21 | | representing a cross section of the community, including, | 22 | | but not limited to, representatives of business, K-12 | 23 | | education, health care, libraries, higher education, | 24 | | community-based organizations, local government, tourism, | 25 | | parks and recreation, and agriculture. Each team shall | 26 | | benchmark technology use across relevant community |
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| 1 | | sectors, set goals for improved technology use within each | 2 | | sector, and develop a plan for achieving its goals, with | 3 | | specific recommendations for online application | 4 | | development and demand creation. | 5 | | (4) Collaborate with high speed Internet providers and | 6 | | technology companies to encourage deployment and use, | 7 | | especially in underserved areas, by aggregating local | 8 | | demand, mapping analysis, and creating market intelligence | 9 | | to improve the business case for providers to deploy. | 10 | | (5) Collaborate with the Department in developing a | 11 | | program to increase computer ownership and broadband | 12 | | access for disenfranchised populations across the State. | 13 | | The program may include grants to local community | 14 | | technology centers that provide technology training, | 15 | | promote computer ownership, and increase broadband access. | 16 | | (6) Collaborate with the Department and the Illinois | 17 | | Commerce Commission regarding the collection of the | 18 | | information required by this Section to assist in | 19 | | monitoring and analyzing the broadband markets and the | 20 | | status of competition and deployment of broadband services | 21 | | to consumers in the State, including the format of | 22 | | information requested, provided the Commission enters into | 23 | | the proprietary and confidentiality agreements governing | 24 | | such information. | 25 | | (b) The nonprofit organization may apply for federal grants | 26 | | consistent with the objectives of this Act. |
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| 1 | | (c) (Blank). The Department of Commerce and Economic | 2 | | Opportunity shall use the funds in the High Speed Internet | 3 | | Services and Information Technology Fund to (1) provide grants | 4 | | to the nonprofit organization enlisted under this Act and (2) | 5 | | for any costs incurred by the Department to administer this | 6 | | Act. | 7 | | (d) The nonprofit organization shall have the power to | 8 | | obtain or to raise funds other than the grants received from | 9 | | the Department under this Act. | 10 | | (e) The nonprofit organization and its Board of Directors | 11 | | shall exist separately and independently from the Department | 12 | | and any other governmental entity, but shall cooperate with | 13 | | other public or private entities it deems appropriate in | 14 | | carrying out its duties. | 15 | | (f) Notwithstanding anything in this Act or any other Act | 16 | | to the contrary, any information that is designated | 17 | | confidential or proprietary by an entity providing the | 18 | | information to the nonprofit organization or any other entity | 19 | | to accomplish the objectives of this Act shall be deemed | 20 | | confidential, proprietary, and a trade secret and treated by | 21 | | the nonprofit organization or anyone else possessing the | 22 | | information as such and shall not be disclosed. | 23 | | (g) The nonprofit organization shall provide a report to | 24 | | the Commission on Government Forecasting and Accountability on | 25 | | an annual basis for the first 3 complete State fiscal years | 26 | | following its enlistment.
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| 1 | | (Source: P.A. 95-684, eff. 10-19-07; 96-927, eff. 6-15-10.) | 2 | | (20 ILCS 661/30 rep.) | 3 | | Section 5-15. The High Speed Internet Services and | 4 | | Information Technology Act is amended by repealing Section 30.
| 5 | | (20 ILCS 2310/2310-260 rep.)
| 6 | | Section 5-20. The Department of Public Health Powers and | 7 | | Duties Law of the
Civil Administrative Code of Illinois is | 8 | | amended by repealing Section 2310-260. | 9 | | Section 5-25. The Department of Veterans Affairs Act is | 10 | | amended by changing Section 2 as follows:
| 11 | | (20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)
| 12 | | Sec. 2. Powers and duties. The Department shall have the | 13 | | following
powers and duties:
| 14 | | To perform such acts at the request of any veteran, or his | 15 | | or her spouse,
surviving spouse or dependents as shall be | 16 | | reasonably necessary
or reasonably incident to obtaining or | 17 | | endeavoring to obtain for the requester
any advantage, benefit | 18 | | or emolument accruing or due to such person under
any law of | 19 | | the United States, the State of Illinois or any other state or
| 20 | | governmental agency by reason of the service of such veteran, | 21 | | and in pursuance
thereof shall:
| 22 | | (1) Contact veterans, their survivors and dependents |
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| 1 | | and advise them of
the benefits of state and federal laws | 2 | | and assist them in obtaining such
benefits;
| 3 | | (2) Establish field offices and direct the activities | 4 | | of the personnel
assigned to such offices;
| 5 | | (3) Create and maintain a volunteer field force; the | 6 | | volunteer field force may include representatives from the | 7 | | following without limitation: educational institutions, | 8 | | labor organizations, veterans
organizations, employers, | 9 | | churches, and farm organizations; the volunteer field | 10 | | force may not process federal veterans assistance claims;
| 11 | | (4) Conduct informational and training services;
| 12 | | (5) Conduct educational programs through newspapers, | 13 | | periodicals, social media, television, and radio
for the | 14 | | specific purpose of disseminating information affecting | 15 | | veterans
and their dependents;
| 16 | | (6) Coordinate the services and activities of all state | 17 | | departments having
services and resources affecting | 18 | | veterans and their dependents;
| 19 | | (7) Encourage and assist in the coordination of | 20 | | agencies within counties
giving service to veterans and | 21 | | their dependents;
| 22 | | (8) Cooperate with veterans organizations and other | 23 | | governmental agencies;
| 24 | | (9) Make, alter, amend and promulgate reasonable rules | 25 | | and procedures for
the administration of this Act;
| 26 | | (10) Make and publish annual reports to the Governor |
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| 1 | | regarding the
administration and general operation of the | 2 | | Department;
| 3 | | (11) (Blank); and | 4 | | (12) (Blank).
| 5 | | The Department may accept and hold on behalf of the State, | 6 | | if for the
public interest, a grant, gift, devise or bequest of | 7 | | money or property to
the Department made for the general | 8 | | benefit of Illinois veterans,
including the conduct of | 9 | | informational and training services by the Department
and other | 10 | | authorized purposes of the Department. The Department shall | 11 | | cause
each grant, gift, devise or bequest to be kept as a | 12 | | distinct fund and shall
invest such funds in the manner | 13 | | provided by the Public Funds Investment Act, as
now or | 14 | | hereafter amended, and shall make such reports as may
be | 15 | | required by the Comptroller concerning what funds are so held | 16 | | and
the manner in which such funds are invested.
The Department | 17 | | may make grants from these funds for the general benefit of
| 18 | | Illinois veterans. Grants from these funds, except for the | 19 | | funds established
under Sections 2.01a and 2.03, shall be | 20 | | subject to appropriation.
| 21 | | The Department has the power to make grants, from funds | 22 | | appropriated from
the
Korean War Veterans National Museum and | 23 | | Library Fund, to private organizations
for the benefit of the | 24 | | Korean War Veterans National Museum and Library.
| 25 | | The Department has the power to make grants, from funds | 26 | | appropriated from the Illinois Military Family Relief Fund, for |
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| 1 | | benefits authorized under the Survivors Compensation Act.
| 2 | | (Source: P.A. 99-314, eff. 8-7-15.)
| 3 | | (20 ILCS 2805/25 rep.)
| 4 | | Section 5-30. The Department of Veterans Affairs Act is | 5 | | amended by repealing Section 25. | 6 | | (20 ILCS 3981/Act rep.)
| 7 | | Section 5-35. The Illinois Laboratory Advisory Committee | 8 | | Act is repealed.
| 9 | | (30 ILCS 105/5.438 rep.)
| 10 | | (30 ILCS 105/5.536 rep.)
| 11 | | (30 ILCS 105/5.554 rep.)
| 12 | | (30 ILCS 105/5.595 rep.)
| 13 | | (30 ILCS 105/5.624 rep.)
| 14 | | (30 ILCS 105/5.651 rep.)
| 15 | | (30 ILCS 105/5.665 rep.)
| 16 | | (30 ILCS 105/5.696 rep.)
| 17 | | (30 ILCS 105/5.702 rep.)
| 18 | | (30 ILCS 105/5.721 rep.) | 19 | | (30 ILCS 105/5.725 rep.) | 20 | | (30 ILCS 105/5.744 rep.) | 21 | | (30 ILCS 105/5.752 rep.) | 22 | | (30 ILCS 105/5.784 rep.)
| 23 | | (30 ILCS 105/5.785 rep.)
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| 1 | | (30 ILCS 105/5.793 rep.)
| 2 | | (30 ILCS 105/5.802 rep.)
| 3 | | (30 ILCS 105/6b-3 rep.)
| 4 | | (30 ILCS 105/6p-6 rep.) | 5 | | (30 ILCS 105/6z-76 rep.) | 6 | | (30 ILCS 105/6z-80 rep.) | 7 | | (30 ILCS 105/6z-84 rep.)
| 8 | | (30 ILCS 105/6z-89 rep.) | 9 | | (30 ILCS 105/6z-90 rep.) | 10 | | Section 5-40. The State Finance Act is amended by repealing | 11 | | Sections 5.438, 5.536, 5.554, 5.595, 5.624, 5.651, 5.665, | 12 | | 5.696, 5.702, 5.721, 5.725, 5.744, 5.752, 5.784, 5.785, 5.793, | 13 | | 5.802, 6b-3, 6p-6, 6z-76, 6z-80, 6z-84, 6z-89, and 6z-90. | 14 | | (30 ILCS 787/Act rep.) | 15 | | Section 5-45. The 21st Century Workforce Development Fund | 16 | | Act is repealed.
| 17 | | (35 ILCS 5/507W rep.)
| 18 | | (35 ILCS 5/507UU rep.) | 19 | | (35 ILCS 5/507VV rep.) | 20 | | Section 5-50. The Illinois Income Tax Act is amended by | 21 | | repealing Sections 507W, 507UU, and 507VV. | 22 | | (65 ILCS 120/Act rep.) | 23 | | Section 5-55. The 2016 Olympic and Paralympic Games Act is |
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| 1 | | repealed. | 2 | | Section 5-60. The Housing Authorities Act is amended by | 3 | | changing Section 32 as follows:
| 4 | | (310 ILCS 10/32) (from Ch. 67 1/2, par. 27e)
| 5 | | Sec. 32.
An Authority created pursuant to this Act may be | 6 | | dissolved
and its corporate status terminated in the following | 7 | | manner: whenever
the commissioners of an Authority adopt a | 8 | | resolution to the effect that
it has completed all projects | 9 | | undertaken by it, or that it has
undertaken no project and has | 10 | | no project in contemplation, and that it
has no other duties to | 11 | | perform in its area of operation, it shall submit
a certified | 12 | | copy thereof to the governing body of the area of operation
for | 13 | | which it was initially created. If the governing body concurs
| 14 | | therein, it shall adopt an ordinance or resolution in support | 15 | | thereof
and transmit a certified copy thereof, together with | 16 | | the certified copy
of the resolution of the Authority, to the | 17 | | Department. The Department shall
audit the financial records of | 18 | | the Authority and if the Authority has
not been the recipient | 19 | | of funds from the State of Illinois, or if it has
received such | 20 | | funds and fully expended the same in the exercise of its
| 21 | | statutory powers, and if no judicial action is then pending in | 22 | | which the
Authority, or the Commissioners thereof in their | 23 | | official capacity, is a
party, and if the Authority is not a | 24 | | party to any unexecuted contract or
agreement, oral or written, |
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| 1 | | in which a monetary claim may be asserted
against it by any | 2 | | person, firm or corporation, it shall issue a
Certificate of | 3 | | Dissolution, attested by the Director of the Department,
and | 4 | | file the same for record in the office of the recorder in
the | 5 | | county in which the Authority is located.
| 6 | | If the Authority has in its possession or title public | 7 | | funds which
are or have been derived from grants made by the | 8 | | State of Illinois, or
any real or personal property acquired by | 9 | | such state funds, and if no
judicial action is pending or | 10 | | contractual claims outstanding against
such Authority as above | 11 | | provided, the Department shall require the Authority
to | 12 | | transfer such funds to it, and
to sell and liquidate its | 13 | | interest in such real or personal property at
a fair value to | 14 | | be fixed by the Department and pay the proceeds thereof
to the | 15 | | Department. Upon compliance with such direction, the | 16 | | Department
shall issue, and file for recording, a Certificate | 17 | | of Dissolution in the
manner above provided. All moneys | 18 | | received by the Department from the
Authority shall forthwith | 19 | | be paid into the Housing Fund as provided in
Section 46.1 of | 20 | | the "State Housing Act".
| 21 | | An Authority shall be deemed legally dissolved upon the | 22 | | filing of the
Certificate of Dissolution in the Office of the | 23 | | recorder as
herein provided. Such dissolution shall not affect | 24 | | or impair the
validity of any deed of conveyance theretofore | 25 | | executed and delivered by
the Authority. The dissolution of an | 26 | | Authority shall not be a bar to
the establishment of a new |
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| 1 | | Authority for the same area of operation in
the manner provided | 2 | | by Section 3 of this Act.
| 3 | | (Source: P.A. 83-358.)
| 4 | | Section 5-65. The Housing Development and Construction Act | 5 | | is amended by changing Section 9a as follows:
| 6 | | (310 ILCS 20/9a) (from Ch. 67 1/2, par. 61a)
| 7 | | Sec. 9a. In the event that any housing authority or land | 8 | | clearance
commission has failed or refused to initiate any | 9 | | project or projects for
which it has received grants of State | 10 | | funds under the provisions of this
Act or "An Act to promote | 11 | | the improvement of housing," approved July 26,
1945, and the | 12 | | Department of Commerce and Economic Opportunity, upon the basis | 13 | | of
an investigation, is convinced that such housing authority | 14 | | or land
clearance commission is unable or unwilling to proceed | 15 | | thereon, the
Department may direct the housing authority or | 16 | | land clearance commission
to transfer to the Department the | 17 | | balance of the State funds then in
the possession of such | 18 | | agency, and upon failure to do so within thirty
days after such | 19 | | demand, the Department shall institute a civil action
for the | 20 | | recovery thereof, which action shall be maintained by the
| 21 | | Attorney General of the State of Illinois or the state's | 22 | | attorney of the
county in which the housing authority or land | 23 | | clearance commission has
its area of operation.
| 24 | | Any officer or member of any such housing authority or land |
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| 1 | | clearance
commission who refuses to comply with the demand of | 2 | | the Department of
Commerce and Economic Opportunity for the
| 3 | | transfer of State funds as herein
provided shall be guilty of a | 4 | | Class A misdemeanor.
| 5 | | All State funds recovered by the Department of Commerce and | 6 | | Economic Opportunity
pursuant to this section shall forthwith | 7 | | be paid into the State Housing
Fund in the State Treasury.
| 8 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 9 | | (315 ILCS 5/25a rep.)
| 10 | | Section 5-70. The Blighted Areas Redevelopment Act of 1947 | 11 | | is amended by repealing Section 25a. | 12 | | Section 5-75. The Older Adult Services Act is amended by | 13 | | changing Section 30 as follows: | 14 | | (320 ILCS 42/30)
| 15 | | Sec. 30. Nursing home conversion program. | 16 | | (a) The Department of Public Health, in collaboration with | 17 | | the Department on Aging and the Department of Healthcare and | 18 | | Family Services, shall establish a nursing home conversion | 19 | | program. Start-up grants, pursuant to subsections (l) and (m) | 20 | | of this Section, shall be made available to nursing homes as | 21 | | appropriations permit as an incentive to reduce certified beds, | 22 | | retrofit, and retool operations to meet new service delivery | 23 | | expectations and demands. |
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| 1 | | (b) Grant moneys shall be made available for capital and | 2 | | other costs related to: (1) the conversion of all or a part of | 3 | | a nursing home to an assisted living establishment or a special | 4 | | program or unit for persons with Alzheimer's disease or related | 5 | | disorders licensed under the Assisted Living and Shared Housing | 6 | | Act or a supportive living facility established under Section | 7 | | 5-5.01a of the Illinois Public Aid Code; (2) the conversion of | 8 | | multi-resident bedrooms in the facility into single-occupancy | 9 | | rooms; and (3) the development of any of the services | 10 | | identified in a priority service plan that can be provided by a | 11 | | nursing home within the confines of a nursing home or | 12 | | transportation services. Grantees shall be required to provide | 13 | | a minimum of a 20% match toward the total cost of the project. | 14 | | (c) Nothing in this Act shall prohibit the co-location of | 15 | | services or the development of multifunctional centers under | 16 | | subsection (f) of Section 20, including a nursing home offering | 17 | | community-based services or a community provider establishing | 18 | | a residential facility. | 19 | | (d) A certified nursing home with at least 50% of its | 20 | | resident population having their care paid for by the Medicaid | 21 | | program is eligible to apply for a grant under this Section. | 22 | | (e) Any nursing home receiving a grant under this Section | 23 | | shall reduce the number of certified nursing home beds by a | 24 | | number equal to or greater than the number of beds being | 25 | | converted for one or more of the permitted uses under item (1) | 26 | | or (2) of subsection (b). The nursing home shall retain the |
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| 1 | | Certificate of Need for its nursing and sheltered care beds | 2 | | that were converted for 15 years. If the beds are reinstated by | 3 | | the provider or its successor in interest, the provider shall | 4 | | pay to the fund from which the grant was awarded, on an | 5 | | amortized basis, the amount of the grant. The Department shall | 6 | | establish, by rule, the bed reduction methodology for nursing | 7 | | homes that receive a grant pursuant to item (3) of subsection | 8 | | (b). | 9 | | (f) Any nursing home receiving a grant under this Section | 10 | | shall agree that, for a minimum of 10 years after the date that | 11 | | the grant is awarded, a minimum of 50% of the nursing home's | 12 | | resident population shall have their care paid for by the | 13 | | Medicaid program. If the nursing home provider or its successor | 14 | | in interest ceases to comply with the requirement set forth in | 15 | | this subsection, the provider shall pay to the fund from which | 16 | | the grant was awarded, on an amortized basis, the amount of the | 17 | | grant. | 18 | | (g) Before awarding grants, the Department of Public Health | 19 | | shall seek recommendations from the Department on Aging and the | 20 | | Department of Healthcare and Family Services. The Department of | 21 | | Public Health shall attempt to balance the distribution of | 22 | | grants among geographic regions, and among small and large | 23 | | nursing homes. The Department of Public Health shall develop, | 24 | | by rule, the criteria for the award of grants based upon the | 25 | | following factors:
| 26 | | (1) the unique needs of older adults (including those |
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| 1 | | with moderate and low incomes), caregivers, and providers | 2 | | in the geographic area of the State the grantee seeks to | 3 | | serve; | 4 | | (2) whether the grantee proposes to provide services in | 5 | | a priority service area; | 6 | | (3) the extent to which the conversion or transition | 7 | | will result in the reduction of certified nursing home beds | 8 | | in an area with excess beds; | 9 | | (4) the compliance history of the nursing home; and | 10 | | (5) any other relevant factors identified by the | 11 | | Department, including standards of need. | 12 | | (h) A conversion funded in whole or in part by a grant | 13 | | under this Section must not: | 14 | | (1) diminish or reduce the quality of services | 15 | | available to nursing home residents; | 16 | | (2) force any nursing home resident to involuntarily | 17 | | accept home-based or community-based services instead of | 18 | | nursing home services; | 19 | | (3) diminish or reduce the supply and distribution of | 20 | | nursing home services in any community below the level of | 21 | | need, as defined by the Department by rule; or | 22 | | (4) cause undue hardship on any person who requires | 23 | | nursing home care. | 24 | | (i) The Department shall prescribe, by rule, the grant | 25 | | application process. At a minimum, every application must | 26 | | include: |
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| 1 | | (1) the type of grant sought; | 2 | | (2) a description of the project; | 3 | | (3) the objective of the project; | 4 | | (4) the likelihood of the project meeting identified | 5 | | needs; | 6 | | (5) the plan for financing, administration, and | 7 | | evaluation of the project; | 8 | | (6) the timetable for implementation;
| 9 | | (7) the roles and capabilities of responsible | 10 | | individuals and organizations; | 11 | | (8) documentation of collaboration with other service | 12 | | providers, local community government leaders, and other | 13 | | stakeholders, other providers, and any other stakeholders | 14 | | in the community;
| 15 | | (9) documentation of community support for the | 16 | | project, including support by other service providers, | 17 | | local community government leaders, and other | 18 | | stakeholders; | 19 | | (10) the total budget for the project;
| 20 | | (11) the financial condition of the applicant; and | 21 | | (12) any other application requirements that may be | 22 | | established by the Department by rule.
| 23 | | (j) A conversion project funded in whole or in part by a | 24 | | grant under this Section is exempt from the requirements of the | 25 | | Illinois Health Facilities Planning Act.
The Department of | 26 | | Public Health, however, shall send to the Health Facilities and |
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| 1 | | Services Review Board a copy of each grant award made under | 2 | | this Section. | 3 | | (k) Applications for grants are public information, except | 4 | | that nursing home financial condition and any proprietary data | 5 | | shall be classified as nonpublic data.
| 6 | | (l) The Department of Public Health may award grants from | 7 | | the Long Term Care Civil Money Penalties Fund established under | 8 | | Section 1919(h)(2)(A)(ii) of the Social Security Act and 42 CFR | 9 | | 488.422(g) if the award meets federal requirements.
| 10 | | (m) (Blank). The Nursing Home Conversion Fund is created as | 11 | | a special fund in the State treasury. Moneys appropriated by | 12 | | the General Assembly or transferred from other sources for the | 13 | | purposes of this Section shall be deposited into the Fund. All | 14 | | interest earned on moneys in the fund shall be credited to the | 15 | | fund. Moneys contained in the fund shall be used to support the | 16 | | purposes of this Section. | 17 | | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09; | 18 | | 96-758, eff. 8-25-09; 96-1000, eff. 7-2-10.) | 19 | | Section 5-80. The Illinois Prescription Drug Discount
| 20 | | Program Act is amended by adding Sections 55 and 60 as follows: | 21 | | (320 ILCS 55/55 new) | 22 | | Sec. 55. Unexpended funds. Notwithstanding any other | 23 | | provision of law, in addition to any other transfers that may | 24 | | be provided by law, on July 1, 2016, or as soon thereafter as |
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| 1 | | practical, the State Comptroller shall direct and the State | 2 | | Treasurer shall transfer the remaining balance from the | 3 | | Illinois Prescription Drug Discount Program Fund into the | 4 | | General Revenue Fund. Upon completion of the transfers, the | 5 | | Illinois Prescription Drug Discount Program Fund is dissolved, | 6 | | and any future deposits due to that Fund and any outstanding | 7 | | obligations or liabilities of that Fund pass to the General | 8 | | Revenue Fund. | 9 | | (320 ILCS 55/60 new) | 10 | | Sec. 60. Repeal. This Act is repealed on October 1, 2016. | 11 | | Section 5-85. The Cigarette Fire Safety Standard Act is | 12 | | amended by changing Section 45 as follows: | 13 | | (425 ILCS 8/45)
| 14 | | Sec. 45. Penalties ; Cigarette Fire Safety Standard Act | 15 | | Fund .
| 16 | | (a) Any manufacturer, wholesale dealer, agent, or other | 17 | | person or entity who knowingly sells cigarettes wholesale in | 18 | | violation of item (3) of subsection (a) of Section 10 of this | 19 | | Act shall be subject to a civil penalty not to exceed $10,000 | 20 | | for each sale of the cigarettes. Any retail dealer who | 21 | | knowingly sells cigarettes in violation of Section 10 of this | 22 | | Act shall be subject to the following: (i) a civil penalty not | 23 | | to exceed $500 for each sale or offer for sale of cigarettes, |
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| 1 | | provided that the total number of cigarettes sold or offered | 2 | | for sale in such sale does not exceed 1,000 cigarettes; (ii) a | 3 | | civil penalty not to exceed $1,000 for each sale or offer for | 4 | | sale of the cigarettes, provided that the total number of | 5 | | cigarettes sold or offered for sale in such sale exceeds 1,000 | 6 | | cigarettes. | 7 | | (b) In addition to any penalty prescribed by law, any | 8 | | corporation, partnership, sole proprietor, limited | 9 | | partnership, or association engaged in the manufacture of | 10 | | cigarettes that knowingly makes a false certification pursuant | 11 | | to Section 30 of this Act shall be subject to a civil penalty | 12 | | not to exceed $10,000 for each false certification. | 13 | | (c) Upon discovery by the Office of the State Fire Marshal, | 14 | | the Department of Revenue, the Office of the Attorney General, | 15 | | or a law enforcement agency that any person offers, possesses | 16 | | for sale, or has made a sale of cigarettes in violation of | 17 | | Section 10 of this Act, the Office of the State Fire Marshal, | 18 | | the Department of Revenue, the Office of the Attorney General, | 19 | | or the law enforcement agency may seize those cigarettes | 20 | | possessed in violation of this Act. | 21 | | (d) The Cigarette Fire Safety Standard Act Fund is | 22 | | established as a special fund in the State treasury. The Fund | 23 | | shall consist of all moneys recovered by the Attorney General | 24 | | from the assessment of civil penalties authorized by this | 25 | | Section. The moneys in the Fund shall, in addition to any | 26 | | moneys made available for such purpose, be available, subject |
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| 1 | | to appropriation, to the Office of the State Fire Marshal for | 2 | | the purpose of fire safety and prevention programs.
| 3 | | (e) Notwithstanding any other provision of law, in addition | 4 | | to any other transfers that may be provided by law, on July 1, | 5 | | 2016, or as soon thereafter as practical, the State Comptroller | 6 | | shall direct and the State Treasurer shall transfer the | 7 | | remaining balance from the Cigarette Fire Safety Standard Act | 8 | | Fund into the General Revenue Fund. Upon completion of the | 9 | | transfers, the Cigarette Fire Safety Standard Act Fund is | 10 | | dissolved, and any future deposits due to that Fund and any | 11 | | outstanding obligations or liabilities of that Fund pass to the | 12 | | General Revenue Fund. | 13 | | (Source: P.A. 94-775, eff. 1-1-08 .) | 14 | | (625 ILCS 5/12-601.2 rep.) | 15 | | Section 5-90. The Illinois Vehicle Code is amended by | 16 | | repealing Section 12-601.2. | 17 | | Section 5-95. The Gang Crime
Witness
Protection Act of 2013 | 18 | | is amended by changing Section 20 as follows: | 19 | | (725 ILCS 173/20)
| 20 | | Sec. 20. Gang Crime Witness Protection Program Fund. There | 21 | | is created in the
State Treasury the Gang Crime Witness | 22 | | Protection Program Fund into which shall be
deposited | 23 | | appropriated funds, grants, or other funds made available to |
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| 1 | | the
Illinois Criminal Justice Information Authority to assist | 2 | | State's Attorneys and the Attorney General
in protecting | 3 | | victims and witnesses who are aiding in the prosecution of
| 4 | | perpetrators of gang crime, and appropriate related persons.
| 5 | | Within 30 days after the effective date of this Act, all moneys | 6 | | in the Gang Crime Witness Protection Fund shall be transferred | 7 | | into the Gang Crime Witness Protection Program Fund.
| 8 | | (Source: P.A. 98-58, eff. 7-8-13.) | 9 | | ARTICLE 10. | 10 | | MANDATE RELIEF | 11 | | Section 10-5. The Family Farm Assistance Act is amended by | 12 | | changing Section 25 as follows:
| 13 | | (20 ILCS 660/25) (from Ch. 5, par. 2725)
| 14 | | Sec. 25. Powers ; duties . The Department has the following | 15 | | powers
and duties :
| 16 | | (a) The Department may shall establish and coordinate a | 17 | | Farm Family
Assistance Program.
| 18 | | (b) The Department may shall establish guidelines to | 19 | | identify farmers, farm
families, and farm workers who are | 20 | | eligible for the program.
| 21 | | (c) The Department may shall identify and assess the needs | 22 | | of eligible
farmers, farm families, and farm workers and may | 23 | | shall coordinate or provide
reemployment services such as |
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| 1 | | outreach, counseling, vocational assessment,
classroom | 2 | | training, on-the-job training, job search assistance, | 3 | | placement,
supportive services, and follow-up, so that the | 4 | | farmers may remain in
farming or find other employment if | 5 | | farming is no longer an option.
| 6 | | (d) The Department may adopt, amend, or repeal such rules | 7 | | and regulations
as may be necessary to administer this Act.
| 8 | | (Source: P.A. 87-170.)
| 9 | | (20 ILCS 3405/20 rep.)
| 10 | | Section 10-10. The Historic Preservation Agency Act is | 11 | | amended by repealing Section 20. | 12 | | Section 10-15. The Local Legacy Act is amended by changing | 13 | | Section 15 as follows:
| 14 | | (20 ILCS 3988/15)
| 15 | | Sec. 15. The Local Legacy Board. The Local Legacy Board is
| 16 | | created to administer the Program under this Act. The | 17 | | membership of
the Board shall be composed of the Director of
| 18 | | Natural Resources, the Director of Historic Preservation, and | 19 | | the
Director of Agriculture, or their respective designees. The
| 20 | | Board must choose a Chairperson to serve for 2 years on a | 21 | | rotating
basis. All members must be present for the Board to | 22 | | conduct official business.
The Departments must each furnish | 23 | | technical support to the
Board.
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| 1 | | The Board has those powers necessary to carry out the | 2 | | purposes of
this Act, including, without limitation, the power | 3 | | to:
| 4 | | (1) employ agents and employees necessary to carry out | 5 | | the
purposes of this Act and fix their compensation, | 6 | | benefits,
terms, and conditions of employment;
| 7 | | (2) adopt, alter and use a corporate seal;
| 8 | | (3) have an audit made of the accounts of any grantee | 9 | | or any
person or entity that receives funding under this | 10 | | Act;
| 11 | | (4) enforce the terms of any grant made under this Act, | 12 | | whether
in law or equity, or by any other legal means;
| 13 | | (5) prepare and submit a budget and request for | 14 | | appropriations
for the necessary and contingent operating | 15 | | expenses of the
Board; and
| 16 | | (6) receive and accept, from any source, aid or | 17 | | contributions of money,
property, labor, or other items of | 18 | | value for furtherance of any of its
purposes, subject to | 19 | | any conditions not inconsistent with this Act or with the
| 20 | | laws of this State pertaining to those contributions, | 21 | | including, but not
limited to, gifts, guarantees, or grants | 22 | | from any department, agency, or
instrumentality of the | 23 | | United States of America.
| 24 | | The Board may must adopt any rules, regulations, | 25 | | guidelines, and
directives necessary to implement the Act, | 26 | | including guidelines for
designing inventories so that they |
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| 1 | | will be compatible with each other.
| 2 | | The Board must submit a report to the General Assembly and | 3 | | the
Governor by January 1, 2005 and every 2 years thereafter | 4 | | regarding
progress made towards accomplishing the purposes of | 5 | | this Act , except that beginning on the effective date of this | 6 | | amendatory Act of the 99th General Assembly, the Board shall | 7 | | submit a report only if significant progress has been made | 8 | | since the previous report .
| 9 | | (Source: P.A. 93-328, eff. 1-1-04.)
| 10 | | (110 ILCS 935/4.08 rep.)
| 11 | | Section 10-20. The Family Practice Residency Act is amended | 12 | | by repealing Section 4.08. | 13 | | ARTICLE 99. | 14 | | SEVERABILITY; EFFECTIVE DATE | 15 | | Section 99-97. Severability. The provisions of this Act are | 16 | | severable under Section 1.31 of the Statute on Statutes.
| 17 | | Section 99-99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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